USA > New York > Ulster County > New Paltz > History of New Paltz, New York and its old families (from 1678 to 1820) : including the Huguenot pioneers and others who settled in New Paltz previous to the revolution, 2nd ed > Part 41
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In 1780 the very large sum of £600 is raised by the Duzine and in the various items of expense appears a retaining fee of £200 for Egbert Benson who was a noted lawyer in those days.
In 1781 the sum of £50 is raised. In 1784 the sum of £25 is voted and in this case a suit against another man-Stephen Case, is mentioned.
In 1791 there is the further sum of £150 raised for carrying on the suits. In 1793 the Duzine voted to raise the sum of £200 to " defend the Patent " and they resolved to commence a suit for ejectment against Titus Ketcham and to defend the ejectment suit of Stephen Case against Peter Palmatier.
A committee consisting of Petrus Hasbrouck, Petrus Le- Fevre, Jr., Josiah Hasbrouck, Andries LeFevre and Daniel DuBois is appointed to look after these lawsuits and to pro- cure persons and papers and they are to be allowed 8 shillings
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a day for actual service in the county and 10 shillings a day when out of the county.
In 1794 we have a new chapter in the story of the litigation concerning Juffrous Hook-an affidavit on the New Paltz side of the case; also Judge Lewis' report of his charge to the jury and a letter from John Addison, lawyer for the Duzine, to Col. Josiah Hasbrouck intimating that a continuation of the litigation was practically hopeless.
AFFIDAVIT OF JACOB TURCK.
Jacob Turck being sworn deposes and says that he is upwards of 74 years of age, that when he was a boy about 12 years of age he went to New York with his mother, and the skipper showed him the house of Denie Ralyea for Juffrous Hook; that he commenced boating in 1744; that in going down and coming up the river he never knew any other place for Juffrous Hook; that the Point [Blue Point] was not then called the Hook, but was about a quarter of a mile to the north- wards of Dennis' house; that when he came to anchor they generally ran round the point into the hook for shelter; never heard of the Point being called the Hook until the dispute be- tween Wentworth and the Paltz people.
JACOB TURCK.
Sworn to this third of May, 1794, before me Mos. Ferris.
REPORT OF JUDGE LEWIS.
In the case of James Jackson, on the demise of Andries LeFevre, Jn. vs. Titus Ketcham in ejectment for lands in the town of New Paltz in the county of Ulster the single question of agreement of the parties submitted to the jury was the southern bounds of the patent of New Paltz.
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The grant was made the 29th day of September, 1677 and is bounded on the south by a line run from the high hills called Moggonck to a certain point or hook in the River called the Juffrous Hook, lying in the long reach called by the Indians Magaatramis.
The plaintiff's deduction of title was admitted and it was agreed that Moggonck was the place now called Paltz Point on Shawangunk mountains, which left the jury to ascertain the single fact of which was Juffrous Hook, the plaintiff insist- ing that the Hook was the head of an inlet or bay of the Hudson's River, and the defendant that it was the middle- most of three points jutting into the said River about 50 chains north of the place set up by the plaintiff and forming the northern headland of the aforesaid bay.
To establish the reputation of the country as to this fact parol testimony was introduced on both sides, but the weight of evidence, arising from the number of witnesses, the facts they related, their means of information, and the definition of the terms Hook or Point was clearly and satisfactorily to my mind in favor of the defendant. The plaintiff gave in further evidence a line of old marked trees counting 85 years, extending from Moggonck to a beech stump, which in the memory of one of the witnesses had been also a marked tree and stood a little to the northward of the place set up by him . for the Hook. This witness furthermore deposed that that beech tree was considered the south bounds of the Paltz by his father who lived near it; but the witness had not been at the place since the age of 14, until the view and his father died before he left the place. He was now 80 years old. No evidence was given of the occasion on which those trees were marked or by whom it was done.
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The plaintiff next introduced a patent of the 12th of May, 1748, to Noah Elting and Nathaniel LeFevre for lands lying south of and adjoining to the line by him set up, recognizing the line of old, marked trees as the south bounds of the patent of New Paltz. This recognition was, however, nearly in the terms of the petition on which the patent was granted the petitioners, showing that the lands applied for were adjoining those of New Paltz and Elting and LeFevre were both proved to have been at the time of the last mentioned grant proprietors in the Paltz patent. Evidence was next given of sundry possessions, seven or eight in number, under the Paltz title, north of the line set up by the plaintiff, none of which exceeded 33 years and few which reached that period. A patent to Jacob and Abraham Hasbrouck and others of June 20th, 1753, recognizing the old line of marked trees and the corner of Noah Elting's lot therein, but without mentioning it as the bounds of the Paltz patent, closed the testimony on the part of the plaintiff.
The defendant showed that these last mentioned patentees were also proprietors in the Paltz patent and closed his proof with the production of a patent of July 13th, 1751 to Hugh Wentworth for a tract of land, beginning at Hudson's River at the middlemost of three out jutting points commonly called Juffrous Hook or Point and running thence to Paltz point.
In summing up the evidence I observed to the jury that there was but a single point in the case on which they were to decide and that was where is Juffrous Hook; that the lights by which they must be guided were the words of the Grant, the meaning of the two governing terms Point or Hook, the parol testimony as to the place intended, the course of the southern boundary line as given in the grant, the recognitions to be met with in subsequent grants, the line of marked trees
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and the different possessions. I observed to the jury that the description of lands in the subsequent patents introduced in evidence, could not be taken for recognition on the part of the government, first; because of the absurdity of supposing that the government would acknowledge both lines; secondly these grants, especially Elting's, like all the grants I have met with in the country, passed upon the petition of the party setting forth the bounds of the tract applied for and were therefore not to be considered as issuing ex mero motre but at the suit of the party; the descriptions for this reason as well as for his interest in the Paltz patent were rather his sugges- tions than the act of the Crown. Respecting the line of marked trees my observations were that its not being coeval with the patent showed that it was not run for the purpose of predicating the patent on it; that the circumstance of its be- ing 33 years younger than the patent, it not appearing by whom or for what purpose it was run, the probability of its being an ex parte act, lessened considerably its weight in the scale of testimony.
It is not necessary for me further to detail the charge, having stated everything so far as memory serves me, (which is the only source, from the manner of conducting the exam- ination) necessary for the plaintiff's purpose.
The verdict in my opinion was well warranted by the evi- dence and as satisfactory a one to me as ever I received in a contested cause.
JOHN McKISSON, Clerk.
Dated, Oct. 30th, 1794.
LETTER FROM JOHN ADDISON.
John Addison of Kingston, the attorney who had conducted the litigation for the New Paltz people, wrote to Col. Josiah
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Hasbrouck as follows, under date of Nov. 3d, 1794, enclosing Judge Lewis' report :
Sir : Inclosed is a certified copy of Judge Lewis' report in the case of LeFevre vs. Ketcham on the motion for a new trial. On hearing the report Mr. Van Vechten and myself are of the opinion that it would be a fruitless attempt to persevere in the motion for a new trial. You will perceive the judge's report is strong against us, and as our arguments would be tested by the report only, it would contradict the strength of every argument we would bring forward. How far the Judge is right or wrong the Trustees may in part judge as well as we. In the present instance his opinion would prevail; at least would have a strong operation against us. Whatever determi- nation the Twelve Men shall see fit to take in future shall be faithfully attended to by their most obedient
JNO. ADDISON.
Josiah Hasbrouck, Esq.
It is not probable that the Duzine continued the litigation concerning Juffrous Hook.
In 1796 appears the following entry : "Memorandum : that the twelve men have been paid for defending the ejectment brought by Titus Ketcham against Geo. Wurts, Simeon Low, Gilbert Saxton, David Saffer, Joseph Coddington and Peter Green, £15I, IIS 7d which money has been paid by Peter LeFevre, Jun. [grandfather.]
The book of the Duzine contains accounts of the further expenditures of large sums of money from time to time in defending the Patent though it is not stated what portion of the boundary line was in dispute and it is quite certain that there was no further litigation concerning Juffrous Hook.
In 1796, appears an entry showing that Aaron Burr had been paid £20 for his services as attorney.
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In 1798 the sum of £200 is called for to defend the boun- daries of he Patent and each of the Twelve Men proceeds to raise his proportion of that sum.
In 1801 appears another call for money to defend the Patent and £400 is the amount needed.
In 1804 there is an entry on the other side of the account and Philip Elting paid the Twelve Men £48 received of Titus Ketcham.
In 1809 there is reference made to a suit between New Paltz and Marbletown concerning the boundary line. It is not stated how the suit terminated, but the writer remembers hav- ing heard when a child that the Duzine employed Aaron Burr as their attorney and that they won the case.
After this date there is no entry of any importance but merely the mention each year of the names of the twelve men elected until in 1824 when the record stops altogether, showing that the elections of the Duzine had ceased. The fact that there are a number of blank pages following the last entry of names show that the record had not been. transferred to another book.
The very last record in the book follows the usual phrase- ology and is as follows: "At the annual town meeting of the free holders and inhabitants of the town of New Paltz on the first Tuesday of April, 1824, the following persons were chosen and elected by plurality of the votes of the freeholders and inhabitants in pursuance of a certain instrument of writing made for that purpose: For the patentee's share of Jean Hasbrouck, Jacob J. Hasbrouck; for the patentee's share of Abraham Hasbrouck, Samuel Hasbrouck; for the patentee's share of Louis DuBois, Philip Elting ; for the patentee's share of Anthony Crispell, Elias Ean; for the patentee's share of Simon LeFevre, Matthew LeFevre; for the patentee's share
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of Andries LeFevre, Peter LeFevre; for the patentee's share of Hugo Freer, Elias Freer ; for the patentee's share of Chris- tian Deyo, Benjamin H. Deyo; for the patentee's share of Peter Deyo, Wm. Deyo; for the patentee's share of Louis Bevier, Samuel DuBois; for the patentee's share of Abraham DuBois, Ezekiel Elting; for the patentee's share of Isaac Du- Bois, Daniel DuBois." To the list of persons chosen as the Duzine for that year is added the usual statement that all accepted the position.
This ends the record of a most extraordinary body of men, whose existence continued from 1728 until 1824, a period of very nearly 100 years. As far as their records show the only power they exercised was in the government of undivided land, the division of lands, the raising of money to defend the title and the employment of lawyers for the purpose, but there is reason to think that they performed other duties not recorded in the books that have come down to us and of which probably no permanent record was made.
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CHAPTER IV
THE PATENT GRANTED TO NOAH ELTING AND NATHANIEL LEFEVRE.
In 1747 George II being King and George Clinton Captain- General of the province of New York, there was granted to Noah Elting and Nathaniel LeFevre a patent for three tracts of land comprising about 2,500 acres, lying south of the Paltz Patent and to a great extent between the Paltz Patent and the patent granted in 1688 to Louis DuBois. This territory or a great part of it had been at one time supposed to be within the bounds of the Paltz Patent. It had been however partially and perhaps wholly granted by patent to Capt. John Evans and this patent subsequently revoked.
In the Memorial House are two maps, long preserved in the Patentees' trunk, showing the south bounds of the Paltz Patent and showing also the other small patents, which had been granted along its southern line. It was finally decided that the south bounds of the Paltz Patent was a straight line from Table Rock at what is now known as Sky Top, to the Hudson river at Juffrou's Hook. The patent to Noah Elting and Nathaniel LeFevre is among the papers of the late Ed- mund Eltinge. It is on broad parchment, with the great seal of the province of New York attached. This seal is 412 inches in diameter. On one side is a figure representing Indians on their knees before a white man, on the other side is a lion rampant. The patent is as follows :
George the Second, by the grace of God of Great Britain, France and Ireland, King, defender of the faith, etc. To all to whom these presents shall come greeting : whereas our
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loving subjects Noah Elting and Nathaniel Lefever, did by their humble petition, presented to our trusty and well beloved George Clinton Captain-General and Governor-in-chief of our province of New York and territories thereon depending in America, vice-admiral of the same and vice-admiral of the Red Squadron of our fleet. In Council on the fifteenth day of March in the year of our Lord one thousand seven hun- dred and forty-seven, pray our letters-patent for three thou- sand acres of two or more pieces or parcels of vacant lands vested in us, lying and being in the county of Ulster, adjoin- ing to the lands of the township of New Paltz and the lands of the petitioners, or for so much thereof as upon a survey should be found vacant and unpatented, which lands are part of the lands formerly granted to Capt. John Evans, the patent whereof has been since vacated and the lands re- assumed and the said petition having been then and there read and considered by our Council of our said province did afterwards, to-wit on the eighteenth day of March aforesaid, humbly advise our said Governor to grant the prayer thereof. Wherefore our said Governor in obedience to our Royal in- structions for that purpose together with Archibald Kennedy, Esquire, Surveyor-General of our said Province and Cad- walader Colden, Esq., Surveyor-General of Lands for our said Province, three of the Commissioners appointed by our Royal instructions, for the setting out of all lands to be granted within our said Province have set out for the said Noah Elting and Nathaniel Lefever all those three certain tracts or parcels of land, lying and being in the county of Ulster, being part of the land formerly granted to Capt. John Evans as aforesaid, the patent of which has been long since vacated and the lands reassumed, the first of which tracts begins at a stake with a heap of stones round it, standing in a line of
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Old Marked Trees that runs south fifty-two degrees east from a point on the top of the Mountains commonly called Paltz Point, which line is the south bounds of the Patent of New Paltz and the said stake or place of beginning is sixty-seven chains from the Wallkill or Paltz river, measured along the said line And this tract runs from the said place of beginning along the said line of Old Marked Trees, south fifty-two degrees west ninety chains and fifty links to the land granted to Anne Mullender; then along the line of the same land and of the land granted to Hugo ffrere northwest one hundred and fifty chains to the land granted to Cornelius DuBois and Ruloff Elting, then along their line north forty-nine degrees east thirteen chains and north fifty-six degrees and forty min- utes west eighty-eight chains to the land granted to Louis DuBois and then along his bounds to the place where this tract first began containing one thousand five hundred and twenty-nine acres and the usual allowance for highways.
The Second of the said tracts begins in the said line of Old Marked Trees One hundred chains from the northeast corner of the same tract at an Elm tree marked with three notches on four sides and X on the south side standing in the south end of a small swamp and on a flat rock lying even with the ground and marked with the letters I E and this tract runs from thence along the said line South fifty-two degrees east sixty chains ; then south twenty-five degrees west ninety chains; then north seventy-two degrees west fifty-eight chains and then north twenty-five degrees east one hundred and ten chains and forty links to the place of beginning con- taining five hundred and sixty acres and the usual allowance for highways.
The Other of the said three tracts lies on the west side of the Paltz River and begins on the said south bounds of the
4
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New Paltz Patent (being the said line that runs south fifty- two degrees east from the said point on the Mountains) and at the northwest corner of the land granted to Lewis DuBois and runs from thence along the said line north fifty-two degrees west sixty-four chains and forty links thence south forty-six degrees west twenty-nine chains to another line of marked trees, running from the said point on the mountains, about south thirty-seven degrees east being the line that was formerly reputed to be the bounds of the said Paltz Patent and which is the north bounds of the land then granted to Mr. Richard Nicholls as it was surveyed and laid out for him; then along the said line south thirty-seven degrees east ninety- seven chains to the said tract of land granted to Lewis DuBois and then along his bounds to the place where this tract first began, containing three hundred acres and the usual allowance for highways which said three tracts or parcels of land con- tain in the whole two thousand three hundred and eighty- nine acres and the usual allowance for highways and in setting out thereof our said Commissioners have regard to the profit- able and unprofitable acres and have taken care that the length of the said tracts or either of them doth not extend along the banks of any River otherwise than is conformable to our Royal Instructions for that purpose as by a certificate thereof under their hands bearing date the ninth day of May instant and entered on record in our Secretary's office in our city of New York may more fully appear, which said three tracts or parcels of land set out as aforesaid according to our Royal Instructions we being willing to grant to the said Noah Elting and Nathaniel Lefever, their heirs and assigns: Know Yee that of our Especial Grace, certain knowledge and meer motion we have given, granted, ratified and con- firmed doe by these presents for us our heirs and successors
-
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give, grant, ratify and confirm unto the said Noah Elting and Nathaniel Lefever, their heirs and assigne, forever, all the said three tracts or parcels of land so set out marked, bounded and described as is above expressed concerning the same To- gether with all and singular the woods, underwoods, trees, timbers, pastures, meadows, swamps, waters, water courses, Rivers, brooks, riverlets, runs and streams of water, fishing fowling, hunting, hawking, Mines and Minerals of all sorts whatsoever (except Gold Mines and Silver Mines) which now are standing, growing, lying, being or to be found or at any time hereafter shall be standing, growing, lying or found in or upon the above granted land or any part thereof or within the bounds or lines of the same, And all profits, liberties, privileges heriditaments, appurtanances whatsoever to the same lands and premises or any part thereof belonging or in any wise appertaining, and all our estate, right, title, interest, possession, benefit, claim and demand whatsoever of in and to the same lands and premises and any and every or part thereof and the revenue or revenues, remainder or remainders, of all and singular the said premises, Except also and always revenues out of this our present grant to us our heirs and successors for ever all trees of the diameter of twenty-four inches and upwards at twelve inches from the ground for masts for our Royal Navy and also all such other trees as may be fit to make planks, knees and other things necessary for the use of our said navy only, which now are standing, growing or being or at any time hereafter shall be standing or growing or being in or upon the above granted lands or any part thereof with full liberty and license for any person or persons whatsoever by us our heirs or suc- cessors to be thereunto especially appointed, under our or their sign manuel, either with or without workmen-Wag-
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gons Carts or any other carriage to enter and come into and upon the said lands and every or any part thereof and then to fall, cut down and root up, hew, square and saw, work up, have, take and carry away the same for the uses aforesaid. To have and to Hold all and every the three tracts and parcels of land, hereditaments, mines, minerals and premises with their and every of their appurtenances by these presents granted, ratified and confirmed or intended to be hereby granted, ratified or confirmed, except as hereinbefore excepted unto the said Noah Elting and Nathaniel LeFever, their heirs and assigns to their only proper use and behoof of the said Noah Elting and Nathaniel LeFever their heirs and assigns forever, to be holden of us our heirs and successors in free and common socage as of our Manor of East Green- wich, in the county of Kent, within our Kingdom of Great Britain, Yielding, rendering and paying therefor yearly and every year forever, unto us, our heirs and successors at our custom house in our city of New York unto our or their collector or Receiver General then for the time being on the Annunciation of the blessed Virgin Mary, commonly called Lady Day the yearly rent of two shillings and sixpence for each hundred acres of the above granted lands and in pro- portion for any larger quantity thereof (the land allowed for highways only excepted) in lieu and stead of all rents, ser- vices, dues, duties and demands whatsoever on the above granted lands, mines, minerals, hereditaments and premises or any part thereof Provided always and upon condition that if our Grantees, the said Noah Elting and Nathaniel LeFever or one of them, their or one of their heirs or assigns shall not within three years, next ensuing the date hereof plant, settle and effectually cultivate at least three acres of every fifty acres which are capable of cultivation, or if our
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said Grantees or either of them, their or either of their heirs or assigns or any other person or persons, by their or any of their privity, consent or procurement, shall set on fire or burn the woods on the said land or any part thereof (so as to destroy, impair or hinder the growth of any of the trees that are or may be left for masts, planks, knees or other timber for use of our Royal navy) that then and in either of those cases this our present grant and everything therein contained shall cease and be void; anything hereinbefore contained to the contrary notwithstanding, Declaring nevertheless that nothing in these presents reserved or contained shall or ought to be construed to extend or be intended to prohibit or in any wise hinder our said grantees or either of them their or either of their heirs or assigns or any of them from such burning of the woods or cutting down or falling of the trees that are or shall be growing or being on the above granted lands or any part thereof as shall be necessary or conducive to the clearing and effectual cultivating of the same lands or any part thereof or to or for their own use or uses, And we hereby further declare that by the said burning of the woods is only meant and intended that our said grantees, their heirs and assigns are to be restrained only from setting fire to and burning any timber and trees whilst they are standing and growing upon the above granted lands or any part thereof And we likewise declare that the preservation of all trees of the diameter of twenty-four inches and upwards at twelve inches from the ground for Masts tor our Royal Navy, and of such other trees as may be fit to make planks, knees and other things necessary for the use of our said navy is not nor ought to be construed to hinder our said grantees or either of them, their or either of their heirs or assigns from clearing or effectually cultivating the above granted lands or any part
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