History of Livingston County, New York, from its earliest traditions to the present together with early town sketches, Part 19

Author: Doty, Lockwood R., 1858- [from old catalog] ed; Van Deusen, W. J., pub. [from old catalog]
Publication date: 1905
Publisher: Jackson, Mich., W. J. Van Deusen
Number of Pages: 1422

USA > New York > Livingston County > History of Livingston County, New York, from its earliest traditions to the present together with early town sketches > Part 19

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1. Sir William's family name was Johnstone. He was one of a family of fourteen children. His father was Sir James Johnstone. Sir William married Miss Pulteney, niece of the Earl of Bath, and took his wife's family name in 1767. The village of Bath, in this State, was so named out of compliment, by Charles Williamson.

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HISTORY OF LIVINGSTON COUNTY

could not be done, but with his usual indomitable energy he marked out and opened a road from Ross Farm (now Williams- porto), to the confluence of the Canaseraga creek and the Genesee river, where, in 1792. he established his first settlement, Williamsburg. The associates being aliens could not take the title, and as a first step Williamson was naturalized in Philadelphia on the 9th of January. 1792, and on the 11th of April of the same year the title of the estate was made over to him. On the 31st of March, 1801 Williamson con- veyed the lands to Sir William Pulteney. 1

Captain Williamson's energy and hopefulness animated all who came within the range of his personal influence, while his enterprise antici- pated and supplied whatever became necessary to promote the pros- perity of the rising towns. He is represented as a jolly Scotchman, a gentleman of liberal education, of fine social qualities, fond of his flag- on of wine and a good story. of fine horses and herds of sleek cattle. He had seen service in Europe and was a man of the world. He pos- sessed great activity, was upright and liberal in his dealings with the pioneers, and was always ready to impart information to any who sought homes in the Genesee country. "He frequently concludes a contract and removes every difficulty in the course of a few minutes' conversation," it was said of him. By his wisely directed enterprise he gave a great impulse not only to the settlements which he lost no time in establishing at Bath, Williamsburg, Geneva and Sodus, on the great tract belonging to his principals, but to the Genesee country at large. He was a Member of Assembly from Ontario and Steuben from 1796 to 1800, and was also first Judge of Steuben Common Pleas from 1796 to 1803 continuously. lle returned to Scotland; and died at the close of the year 1807 while journeying from Havana to England.

Almost simultaneously with the sale to the English associates, and on the 12th day of March, 1791, Mr. Morris contracted to purchase of Massachusetts, through his representative Samuel Ogden, the two- thirds of the original territory, so relinquished by Phelps and Gorham ; he had made a considerable profit on his sale to the Englishmen and

1. The title of the Pulteney estate has been the subject of frequent litigation during the last half century, in which attempts have been made to overthrow the title derived through William - son on the ground of his alleged alienage, and on the ground that the Indian title had never been extinguished to the land- in question, though each time with marked want of success.

The whole question was carefully examined and the validity of the title distinctly affirmed in the case of the Duke of Cumberland vs. Graves, by the Court of Appeals of the State of New York. (3 Selden, 305, Thomas A. Johnson, J.)

LAKE

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Fort Goutgi

Vinrara

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Watson Cruzje & Co., 100,000 Acres

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56.113 \/rea

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/. Grand Island

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Ogden, 36.,010 Acres

Migfree Town aml Landing

"Sulut Windwatil

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50,000l Verca

Meridian Stown from the Confluence

PART

1. Hamilton, 1910,000 Acres

S. Sterrett, 150,000 erer

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WillieIm & Jun Willink

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No. 1

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North

Boundary

Pennsylvania

Map of Holland Land Company's Preliminary Survey, 1797.

to the State of Pennsylvania

French Crook

Arrua

333.00 Acres

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HISTORY OF LIVINGSTON COUNTY

eagerly availed himself of the opportunity to secure these reverted lands. In January, 1791, he had written to Ogden, who was then in Boston, "to make the purchase at any terms." A few days later he wrote him again: "I consider the purchase of such magnitude that 1 shall never forgive myself if I let it pass by me at anything less than the limits which I have fixed, and you may depend that if Iget it 1 will make a greater fortune out of it in a short time than any other person can now believe." An expectation, it may be added, that was far from being realized.

On the 11th of May, 1791, Ogden having formally assigned his inter- est to Morris, a committee on behalf of the Legislature confirmed the latter's title by giving him five several deeds of conveyance for as many separate parcels of land, the first including about five hundred thousand acres, being the eastern portion and afterwards known as the "Morris Reserve," from the circumstance of its exception in the conveyance to the Holland Land Company, and the four others em- bracing the lands subsequently sold by Morris to that company and known as the "Holland Purchase. "! The quantity of land conveyed was about three million eight hundred thousand acres; the consideration, one hundred thousand pounds, equal to $333,333.33 in Massachusetts currency, and the area, all the territory within the State of New York lying west of the Phelps and Gorham purchase, excepting only the reserved strip of land one mile in width along the Niagara river, 2 and, with this exception Robert Morris became seized of the pre-emptive title to the whole of this territory relinquished to Massachusetts.

In 1792 and 1793 the sale was made by Morris of the lands con- veyed to him by the four deeds last mentioned, comprehending about three million three hundred thousand acres, to the Holland Land Company an association consisting of five capitalists of Amsterdam,

1. The deeds were deposited with Nathaniel Appleton and two others, and were delivered to Morris on payment of the purchase money.

A sixth deed was granted under authority of a joint resolution of the Legislature of Massa- chusetts, adopted June 20th, 1792, covering the undivided sixtieth part of the lands embraced in the above deeds and reserved hy each of them owing to a contract made by Phelps and Gorham for the sale of 1-both of the entire territory to John Butler, who subsequently assigned to Robert Morris, and the latter was thus enabled to acquire title to the whole directly from the State of Massachusetts.

2. This strip was surrendered by a treaty of the Senecas with the State of New York, made August 20, 1802, for $5co.

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HISTORY OF LIVINGSTON COUNTY

Holland.1 The consideration was fifty-five thousand pounds sterling, of which sum 37, 400 pounds was to be withheld until the extinguish- ment of the Indian title could be effected. As the purchasers were aliens they could not take the title in their own names, and the deeds were, therefore, made to parties in trust for them. 2

The attitude of the Indians, the Senecas included, at the period of the purchase and down to the success of Wayne's expedition against the Western tribes, was so unfriendly that considerations of public policy rendered any negotiation for securing their interest in these lands inopportune. Mr Morris forbore to press for a treaty to ac- complish this until 1796, a postponement which exhibited great unself- ishness and patriotism on his part. - On August 25th of that year, he addressed from Philadelphia the following letter to President Wash- ington.

Sir-In the year 1791 I purchased from the state of Massachusetts a tract of country lying within the boundaries of the state of New York, which had been ceded by the latter to the former state under the sanction and with the concurrence of the congress of the United

1. The names of the actual original proprietors were Wilhelm Willink, Jan Willink, Nich- olas Van Stophorst, Jacob Van Stophorst. Nicholas Hubbard, Pieter VanEeghen, Christian Van Eeghen, Isaac TenCate, Hendrick Vollenhoven, Christina Coster (widow), Jad Stadnitskie aud Rutger J. Schimmelpinnick.

2. Deeds from Robert Morris and Mary his wife to the trustees of the proprietors were as follows:

I. Bears date Dec. 24, 1792, and conveys two tracts of one million and half a million respect- ively, amounting to 112 million acres, to Herman .eRoy and John Lincklaen, in trust.

11. Bears date Feb. 27, 1793, and conveys one million acres to LeRoy, Lincklaeu and Gerrit Boon, in trust.

III. Bears date July 20, 1793, and conveys 8c0,000 acres to Le Roy, Lincklaen and Boon, in trust. IV. Bears date July 20, 1793, and conveys 300,000 acres to LeRoy, William Bayard and Matthew Clarkson, in trust.

After the Big Tree treaty of Sept. 15, 179,, by which the claims of the Indians to the above lands were released to Robert Morris, he made a confirmation to his grantees.

Concurrently with the execution of this conveyance hy Morris, articles of agreement were entered into by which, among other things, a right was reserved to the grantees to elect, within a certain period, to convert the purchase into a loan, in which case the conveyance was to inure hy way of mortgage to secure the repayment of the purchase money. The grantees choosing to hold the lands as a purchase, declared no election to hold them otherwise; but it was neverthe- less contended by Morris and those claiming under him that the whole transaction was to be considered as a loan, and that a right still existed in Morris or his assigns which a court of chan- cery would enforce. This question was put at rest by the execution of releases in February, 1501, by Thomas L. Ogden, representing the claimants.

For more than half his life the late Gov. Seward was the principal agent and attorney, and re- moved from Auburn to Westfield to superintend the disposal of the Company's lands. On his voluntary retirement from the agency, he was succeeded by the Hon. Geo. W. Patterson, late Lieutenant Governor of the State of New York, elsewhere mentioned in this volume.

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HISTORY OF LIVINGSTON COUNTY

States. This tract of land is bounded to the east by the Genesee river, to the north by Lake Ontario, to the west partly by Lake Erie and partly by the boundary line of the Pennsylvania triangle, and to the south by the north boundary line of the state of Pennsylvania. A printed brief of title I take the liberty to transmit herewith. To per- fect this title it is necessary to purchase of the Seneca nation of In- dians their native right, which I should have done soon after the pur- chase was made of the state of Massachusetts, but that I felt myself restrained from doing so by motives of public consideration. The war between the Western Indian nations and the United States did not extend to the Six Nations, of which the Seneca nation is one ; and as I apprehended that, if this nation should sell its right during the existence of that war, they might the more readily be induced to join the enemies of our country, I was determined not to make the pur- chase whilst that war lasted.

When peace was made with the Indian nations 1 turned my thoughts towards the purchase, which is to me an object very interesting; but upon it being represented that a little longer patience, until the wes- tern posts should be delivered up by the British government, might be public utility. 1 concluded to wait for that event also, which is now happily accomplished, and there seems no obstacle to restrain me from making the purchase, especially as I have reason to believe the Indians are desirous to make the sale.

The delays which have already taken place and that arose solely from the considerations above mentioned have been extremely detri- mental to my private affairs, but, still being desirous to comply with formalities prescribed by certain laws of the United States, although those laws probably do not reach my case, I now make application to the President of the United States and request that he will nominate and appoint a commissioner to be present and preside at a treaty, which he will be pleased to authorize to be held with the Seneca Na- tion, for the purpose of enabling me to make a purchase in conform- ity with the formalities required by law, of the tract of country for which I have already paid a very large sum of money. My right to pre-emption is unequivocal, and the land is become so necessary to the growing population and surrounding settlements that it is with difficulty that the white people can be restrained from squattering or settling down upon these lands, which if they should do, it may prob- ably bring on contentions with the Six Nations. This will be pre- vented by a timely, fair and honorable purchase.

This proposed treaty ought to be held immediately before the hunt- ing season or another year will be lost, as the Indians cannot be col- lected during that season. The loss of another year, under the pay- ments thus made for these lands, would be ruinous to my affairs; and as I have paid so great deference to public considerations whilst they did exist, 1 expect and hope that my request will be readily granted

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HISTORY OF LIVINGSTON COUNTY

now, when there can be no cause for delay, especially if the Indians are willing to sell, which will be tested by the offer to buy.

With the most perfect esteem and respect, I am, sir, your most obedient and most humble servant.

Robert Morris.

George Washington, Esq .. President of the United States.

President Washington was ready to further the business by naming a commissioner to superintend the treaty on behalf of the United States in conformity with law. Captain Bruff, who beld command of the garrison at Fort Niagara, had held a conference with the Senecas and had presented them with a flag. In their answer to Captain Bruff's speech on this occasion they called Robert Morris the "big eater with the big belly, " and asked that he might not come to devour their lands. Washington told Mr. Morris that he should feel it his duty to send Captain Bruff's letter, together with the accompanying speeches of the Indians, to the Senate with the nomination, and that, so great was then the desire to conciliate the Six Nations, he did n' believe the Senate would confirm any nomination contrary t wishes; the Senate, however, confirmed the nomination.

The President appointed Isaac Smith, a member of Congress from New Jersey, as the Commissioner ; but duties of a judicial nature in his State subsequently imposed upon him prevented his acceptance, and Colonel Jeremiah Wadsworth, who had been a distinguished member of Congress from Connecticut, was appointed in his place.

Unable himself to take part in the treaty, Mr. Morris appointed his son Thomas and Charles Williamson as his representatives; Captain Williamson, however, busy with his affairs at Bath, declined to act and so the responsibility for conducting the difficult and delicate negotiation fell entirely upon the younger Morris.

Soon after making the purchase from Massachusetts, Mr. Morris resolved to settle his son Thomas in the Genesee country "as an evi- dence of his faith in its value and prospects." Thomas Morris was twenty years of age. He had been educated at Geneva and Leipsic and was then reading law. In obedience to the wishes of his father, he left Philadelphia in the early summer of 1791 and coming by way of Wilkesbarre and what was called "Sullivan's path, " reached New- town where he attended Pickering's council and received from the Indians the name of (-te-ti-ana, which Red Jacket had borne in his

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HISTORY OF LIVINGSTON COUNTY

younger days. Proceeding on his journey Mr. Morris visited Niagara Falls. On his return be passed through Canandaigua. The aspect of the little frontier village pleased him. and he resolved to make the place his home. Arranging his affairs in the East, he left New York in March, 1792, and went to Canandaigua. In 1793 he built a framed house, filled in with brick-one of the two framed houses in the State west of Whitesboro. Mr. Morris was admitted to the bar and in 1794 attended the first court held at Canandaigua. He devoted much of his time to the care of his father's property and the settlement and development of Western New York, and was honored and esteemed by the pioneers. In 1794, 1795 and 1796 he was a Member of Assembly from Ontario county. For five years beginning with 1796 he was a Senator of the State of New York, and from December, 1801, till March, 1803, he was a member of Congress-the first representative in Congress from that portion of the State of New York lying west of Seneca lake. He shared in the financial reverses of his father, and in 1804 appointed John Greig his attorney and removed to New York city. where he practiced law until his death in 1848.

To his son and Captain Williamson, Robert Morris communicated the following instructions for their management of the negotiations on his behalf:

Philadelphia, August 1, 1797.

Thomas Morris and Charles Williamson, Esqrs. .

Gentlemen-I send herewith my power of attorney constituting you my attorneys, and as such authorizing you to hold a treaty with the Seneca nation of Indians and such other nations, tribes, or chiets as may be necessary and to purchase of them for my account all that tract of country the pre-emptive right of which I bought of the state of Massachusetts, being bounded on the east by the Genesee river and certain boundary lines of Gorham and Phelps' Purchase, on the south by the north boundary line of the state of Pennsylvania, on the west by Lake Erie and certain boundary lines of the Pennsylvania Triangle and of a small tract or carrying place reserved to the state of New York near the river Niagara, and on the north by Lake Ontario.

This tract of land you are too well acquainted with to render any other description necessary, and its importance to me you can properly estimate, although I have not that interest in it at present which I ought to have retained; nevertheless there is a duty due from me to those to whom I have sold which I am as solicitous to perform as if the whole benefit was for myself; but, although I am not to reap all

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HISTORY OF LIVINGSTON COUNTY

the benefit, I am to sustain all the expense. This circumstance does not induce a desire to starve the cause or to be niggardly, at the same time it is natural to desire a consistent economy to be observed both as to the expense of the treaty and the price to be paid for the lands. In order to be as clear and distinct as possible' I put cach article of these instructions numerically as they occur to me.

First-I send herewith a written speech with which I propose that my son shall open the treaty by delivering the same to the Indians in my name and in my behalf.

Second-In addition to this speech, you can each make such addi- tional introductory speeches as you may think proper and necessary.

Third-The business of the treaty may be greatly propelled probably by withholding liquor from the Indians until the business is finished, showing and promising it to them when the treaty is over.

Fourth-I propose that an annuity of four thousand or four thou- sand five hundred dollars forever shall be the price of purchase for the whole tract of country to the pre-emption of which I have the right.

Fifth-If they should want some money down, say 5,000 to 10,000 dollars, the annuity to decrease proportionately.

Sixth -- Annuities of twenty to sixty dollars per annum may be giv- en to influential chiefs to the extent of 250 or 300 dollars per annum.

Seventh-Some dollars may be promised before the treaty and paid when finished to the amount of 500 or 600 dollars, or if necessary, 1,000 dollars, to the chiefs.

Eighth-Captain Brant, although not belonging to the Seneca nation. yet being an influential character, he must be satisfied for his services on as reasonable terms as possible, after the purchase is made.

Ninth-Jones and Smith as interpreters are to do their duty fully and faithfully or I will not convey the lands contracted for with them. but if they do their duty the deed of those lands shall be delivered up- on receipt of the money they are in that case to pay.

Tenth-Mr. Johnston of Niagara is to be employed as an interpreter and compensated with a reasonable liberality.

Eleventh-Mr. Dean and Mr. Parrish may also be employed on similar terms.

Twelfth -- Mr. Chapin will render any services that consist with the duties of his station, and must have a proper complement or compen- sation.

Thirteenth-If there be others whom I omit or do not know whom it may be proper to employ, you will exercise your discretion in regard to them.

Fourteenth -. The whole cost and charges of this treaty being at my expense, you will direct everything upon the principles of a hberal economy. The Indians must have plenty of food, and also of liquor when you see proper to order it to them. The commissioners, their

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HISTORY OF LIVINGSTON COUNTY

secretaries, interpreters, and all who are officially employed at or about this treaty, must be provided at my cost. You will of course keep a table for yourselves and such of them as ought to be admitted to it. Such gentlemen strangers as visit there with friendly inten- tions, or from curiosity, you will of course entertain as often as you think proper.

Fifteenth-The liquors and stores I sent up will be used and if not sufficient more must be got.

Sixteenth-The articles sent up for presents to the Indian chiefs, their wives and children, you will distribute as you see proper, and you may tell them I did not send any goods for presents to the nation because I thought they could with the money they will receive half- yearly buy what may suit them best.

Seventeenth-If you think twenty to thirty cows given to the wom- en would have a good effect. this might be done in such way as to please them best.

Eighteenth-The price or annuity offered for the whole tract of country if they do not incline to give up the whole may be put upon this footing, that the whole sum shall now be placed in the bank, and if they deliver me possession of only one-half the lands they shall draw only one half the annuity and I will draw the other half, and so in pro- portion to what they give up, and at any time thereafter when they agree to give up more land they shall then draw more of the annuity in proportion, and when they surrender the whole of the land, they shall draw the whole of the annuity.

Nineteenth-They may signify at any time their intention of mak- ing a further surrender of lands (beyond what now may be agreed for) to the superintendent of Indian affairs, and 1 or my successors will immediately appoint proper persons to receive and survey the lands and assign to them or their agents the securities for the proportion of the annuity equivalent to the lands so surrendered.

Twentieth-It will be most agreeable if they will deliver the whole lands now, and receive the whole of the annuity, but if they should only consent to deliver a part, let that part be as large a proportion as you can possibly obtain; and in this case it may be best perhaps to ask for it in the following manner :- miles on the Pennsylvania line beginning at the point on that line which bounds Gorham and Phelps' Purchase, and running west-miles, and from the terminating point on the Pennsylvania line to run due north to Lake Ontario, then east along the borders of said lake to the point of division on the north boundary of Gorham and Phelps' Purchase, and thence south along the west boundary lines of said Gorham and Phelps' Purchase and the Genesee river to the place of beginning; and in addition to this an- other quantity either on the northern or southern side of the tract as may be most palatable to the Indians. If on the southern side it will commence at the western point on the Pennsylvania line where the

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HISTORY OF LIVINGSTON COUNTY

above tract stopped and run as far on the Pennsylvania line as they will agree, and also to go as far north on the west side of the above tract as they will agree ; thence due west until a south line will strike the point where they stop on the Pennsylvania line unless they agree to go all the length of it to the corner of the Pennsylvania Triangle, and in that case the other line will run west to Lake Erie, or the boundary of that Triangle, which boundary would in that case also be the west bound- ary of the tract I contemplate. Should they prefer to cede a tract bounded by Lake Ontario, the east, south, and west boundaries will be . fixed in a similar manner to what I have proposed for the others.

Twenty-first-If the Indians will not sell and deliver the whole tract you must stipulate and obtain liberty for the surveyor to traverse the borders of Lakes Erie and Ontario and measure all the boundary lines of the whole tract.

Twenty-second-William Bayard will attend the treaty on behalf of the Holland company to whom I have sold a great part of these lands and perhaps Mr. Linklaen and Gerrit Boon may also be there. I would wish you to communicate freely and confidentially with these gentlemen or such of them as do attend, and particularly as to what part of the tract shall be taken into the purchase (in case the whole is not bought) after Tract No. 1 is secured.

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History of Livingston County, New York, from its earliest traditions to the present together with early town sketches, Part 19

Author: Doty, Lockwood R., 1858- [from old catalog] ed; Van Deusen, W. J., pub. [from old catalog] Publication date: 1905 Publisher: Jackson, Mich., W. J. Van Deusen Number of Pages: 1422

Author: Doty, Lockwood R., 1858- [from old catalog] ed; Van Deusen, W. J., pub. [from old catalog]
Publication date: 1905
Publisher: Jackson, Mich., W. J. Van Deusen
Number of Pages: 1422