History of Ontario county, New York : with illustrations and family sketches of some of the prominent men and families, Part 8

Author: Aldrich, Lewis Cass, comp; Conover, George S. (George Stillwell), b. 1824, ed
Publication date: 1893
Publisher: Syracuse, N.Y., D. Mason & Co.
Number of Pages: 1002

USA > New York > Ontario County > History of Ontario county, New York : with illustrations and family sketches of some of the prominent men and families > Part 8

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The plan adopted by the proprietary for dividing their territory into ranges and townships, preparatory to sub-divisions for sale, was sub- stantially the same as the land surveys in new territories of the United States, which are uniform and done under what is known as the " rec- tangular system," which was adopted by a resolution of Congress, passed May 20, 1785.

Scattered throughout the field notes of the surveys on the Phelps and Gorham tract are notations of Indian paths which were crossed by the surveyors ; none, however, were mentioned except those of prominence and of common use. The traverse of "Candaughque " Lake was begun June 1, and on finishing the work is the following entry : "The whole of the traverse of Canadaque lake with that of the main inlet is thirty- eight miles." Ranges four, five and six are noted as being five and one- half miles in width from east to west, while range seven was to be six miles. There is also the traverse of " Hayanaya " (Hemlock) and " Kaunaughshus " Lakes.

The difference between the townships as surveyed by Colonel Maxwell and his assistants, and the towns as they at present exist, must be ex-

THE PHELPS AND GORHAM PURCHASE.

plained, or confusion will follow relating to different localities. The size of the original townships was necessarily somewhat arbitrarily fixed and made as uniform as possible, that they might more readily be resur- veyed into allotments and to facilitate sales of the land. The early settlements of course were made according to inclination and interest, and when the territory became populous enough it was necessary to have the security of the law extended over the settlement, and hence under legislative enactments the territory was organized into towns, making such apportionments of the territory as the then existing wants of its inhabitants seemed to require.

The territory of present Ontario county became apportioned substan- tially as follows : (This is not absolutely correct as the lines of some of the towns for various reasons were not literally on the township lines, but such difference can generally be seen by a glance at the map). The town of Seneca, including the present town of Geneva, comprised the whole of township No. 9 and the south half of No. 10 in the first range, and that part of the gore lying east of the same. The town of Phelps comprised the north part of township 10 and south half of No. 11 in the first range and that part of the gore east of the same. In the second range the towns of Gorham, Hopewell and Manchester comprised, re- spectively, townships 9, 10 and 11. Canadaigua is from 9 and 10 and Farrington from No. II in the third range. In the fourth range town- ships 7, 8, 9, 10 and II were formed into Naples, South Bristol, Bristol, East Bloomfieid and Victor. In the fifth range, Canadice, Richmond and West Bloomfield comprise townships, 8, 9 and 10.

The surveys into townships of the Phelps and Gorham purchase were made from the eastern pre-emption line, as run in 1788. The work itself was done under the direction of Col. Hugh Maxwell, but it must not be understood that he, having charge of the entire work, could give his personal attention to every detail of the survey of this immense tract of land. The survey and location of the eastern boundary line of the purchase was of the utmost importance, and while waiting for the result of the negotiations, Colonel Maxwell made a preliminary survey of the southern part of the east line of cession, running a trial line from Pennsylvania to a point opposite Seneca lake. In his book of field notes we learn that on the 10th of June he set out with Captain Alen and

HISTORY OF ONTARIO COUNTY.

three assistants and rowed up the lake from Kanadesaga to about three miles above the great point. On the IIth they continued southward, " found a large sunken Marsh at the south end of the Lake " and " landed up the creek at Kathreen's Town." The next day they ar- rived at Newtown, five miles below present Elmira, and on the 13th began a survey from the eighty-second mile stone on the Pennsylvania line. After running the trial line for about twenty-three miles, on the I Ith they turned the course to the east and in a little less than four miles the party came to Seneca Lake. They then returned to Kan- adesaga. As Mr. Phelps did not leave Kanadesaga until July to attend the Indian treaty, he was aware that from this trial, when the line would be actually run, it would pass to the west of Kanadesaga, and his com- pany would not own the place where he had intended to build a city.

The actual work of running the pre-emption line was begun by Colonel Maxwell with the assistance of Mr. Jenkins and others at the eighty- second mile stone on the 25th of July, 1788, and as the work progressed the end of every sixth mile was marked as the corners of townships, each mile of every township also noted as to the kind of timber, quality of land, whether level or hilly, and the points where brooks, creeks and streams were crossed and whether they were large enough for millseats. Colonel Maxwell left the line on the 7th of August for Geneva, probably to obtain supplies, and was detained there against his will until the 1 1th, when, as he wrote his wife, he was not to return until he had run the line quite through to Lake Ontario, and perhaps run around a number of towns there, which might take him perhaps three weeks in the bush. It was while Col. Maxwell was at Geneva that it is said a fraud was con)- mitted in running the line whereby Mr. Phelps was deprived of the lo- cality of Geneva, but it must be remembered that the trial line gave ev- idence that such would be the case, and there is no positive evidence as to whether any or what surveys were made during Colonel Maxwell's ab- sence, the field notes of the whole line being in his hand- writing. The er- ror in the line was soon suspected by Mr. Phelps, and in 1789 he wrote to Col. William Walker, the local agent for survey and sales, to that effect, and advising him to have the work performed over, but circumstances prevented it being done at that time, and afterwards when the new pre- emption line was established many complications followed with all the unfortunate consequences ever attendant upon conflicting titles.

THE PHELPS AND GORHAM PURCHASE.

Nearly every person who has written upon the subject of the survey of the pre-emption line has stated that a fraud was actually committed, or that there were strong grounds for suspicion of fraud in the perform- ance of the work; and it has been freely intimated that Mr. Jenkins, who appears to have been prominent in the surveying party, was either in the employ of the lessees or of Reed and Ryckman, and that he took advantage either of the temporary sickness or the absence of Colonel Maxwell to commit a fraud which he was charged with having been employed to do.

In the present connection it is well enough to state that at the time mentioned Kanadesaga, or Geneva, was a village of much importance, and the chief seat of operations in the whole Genesee country, and with all a very desirable acquisition. This point the ruling spirits of the lessee company desired to retain and control, but could not do so with the correct running of the line as described in the pre-emption com- pact. The absence of Colonel Maxwell opened a possible opportunity to the surveyors to deviate from the meridian line and establish a bound- ary to the westward of Kanadesaga, thus throwing the coveted village without the Massachusetts tract and bringing it within the territory claimed by the lessees under their lease with the Six Nations. It was charged that this was done, and that the engineers made a deflec- tion to the westward and so established the first pre- emption line, as to defraud Phelps and Gorham of many thousand acres of land.

In relation to the intimation of fraud it must be said that no imputa- tion was ever made against Hugh Maxwell. That competent authority, Judge Porter, fully exonerated him, and in common with all who knew Colonel Maxwell. entertained for him the highest respect, and not a shadow of suspicion was ever cast upon his honor or integrity. The first forty-five miles of the old line was run under the direction of Col- onel Maxwell, and it is a well known fact that at that point it was nearly two miles west of the true meridian, and the deviation must be laid to the imperfect instruments in use at that time, and to the fickleness and uncertainty of the compass. If the line had continued to be run in the same direction, it would have passed fully as far west of Geneva as the line that was actually run.

There is no doubt that at that time there was some feeling between the lessees and the Phelps and Gorham proprietary, both of whom con-

HISTORY OF ONTARIO COUNTY.

sidered Geneva a very desirable acquisition, and as it was known that the line must pass near this place, some anxiety was felt as to which party it might belong. Judge Porter, referring to this subject, said : " Colonel Maxwell, on the part of Phelps and Gorham, and Mr. Jen- kins on the part of the lessees, began on the Pennsylvania line and ran through to Lake Ontario the pre-emption line, which was the basis of the surveys afterward made. The line afterward proved to have been incorrectly run, the fact being charged as a fraud on the part of Jenkins, whose object was to secure to his employers, the lessee company, the location of Geneva. The suspicion of fraud led to the re-survey of the line under the direction of Robert Morris."

At that time the lessees claimed all the land east of the pre-emption line, and although the State had repudiated their lease, they still hoped in some manner to retain the land, and still continued their headquarters at Kanadesaga, holding that as a central point for all their operations with the Indians and others, and keeping there their depot of supplies.

Having released their claims to the Seneca's country west of the pre- emption line, they had embraced the opportunity offered at the close of Mr. Phelps's treaty, to have a new lease executed by the Indians, con- firming their long lease of all the territory east of that line, and there was no other locality for them to retain a foothold where they could so easily operate with the Indians. However, it was not until the follow- ing February that the lessees delivered up their lease to the State, and as they were the only persons that could be benefited, if a fraud was actually committed or attempted, it must have been in their interest that they might retain control of a location at Geneva. When they saw that the Indians were under the influence of Reed and Ryckman, and that a treaty with the State could not be prevented, then, with a show of magnanimity, they surrendered their long leases, hoping finally to be remembered with compensation lands, which they eventually secured.

Colonel Seth Reed and Peter Ryckman had for some time been resi- dents at Kanadesaga. It does not appear that Colonel Reed had any positive connection with the lessees, but Ryckman was a shareholder in the company, being made such to secure his influence with the Indians. However, his connection with the company was not of long duration,

THE PHELPS AND GORHAM PURCHASE.

for he was soon found in the employ of the State negotiating with the Indians. Still in the early part of 1788 he was in league with the les- sees, but by the Ist of September he had broken with them and, with Colonel Reed, was bitterly opposed to the company. In February, 1789, Reed and Ryckman had obtained a cession of land lying between the pre emption line and Seneca Lake, while the former had also secured another tract lying north of the joint cession. Their grants were not obtained until some time after the old pre-emption line had been established, and it is, therefore, difficult to see what interest either of them could have had in participating in a fraud, as charged against them.

As has been stated in the present chapter, the enterprising land oper- ators, Phelps and Gorham, in 1789, found themselves to be in an em- barrassed financial condition. To be sure they were the possessors of upwards of 2,000,000 acres of the best land in the State of New York, and to a fair proportion of that vast area they had succeeded in ex- tinguishing the Indian claim of title. However, the expenses incurred in doing what had been done up to this time had been enormous. The surveyors charges had been large, while the payment to the Indians and the distribution of influencing presents among them amounted to a large sum. Then, too, was the ever present contingent of hangers on, per- sons who had helped or claimed to have assisted in bringing about a settlement of difficulties, and who were persistent in their demands for money and lands. Added to these expenses was the compensation and gratuities paid the members of the lessee companies for their services and influence.

During the period of their ownership the proprietors had succeeded in disposing of about fifty townships, but the purchasers were in the main persons who held shares or stock in the association, and who had accepted town grants in exchange for their interest in the company. Therefore the year 1789 found the proprietary with a large amount of land, but with very little cash, and the payment of $100,000 to be made to Massachusetts was now due, an obligation they could not meet. In this emergency Phelps and Gorham petitioned the Massachusetts Legis- lature, offering to surrender that portion of their purchase from which the Indian title had not been extinguished, and asking that they be re-

HISTORY OF ONTARIO COUNTY.

leased from the payment of a large part of the principal sum, expressing a willingness to pay for a portion of the land. This proposition was agree- able to the State, the more so, perhaps, from the knowledge they had that the remaining territory could be readily sold to Robert Morris, of Philadelphia, the financier of the Revolution, and a man of large means and influence.

Early in 1789 Phelps and Gorham opened a land office at Canan- daigua and the lands of their purchase, known as the Genesee Tract, were put upon the market. The sales, however, did not come up to expectation, for although several townships and parts of townships were sold, they were mainly taken by those who had an interest as share- holders and at cost price. Phelps and Gorham soon finding themselves in further financial difficulties, applied to Robert Morris, and on the 10th of August, 1790, he became the purchaser of all the unsold lands in the Genesee Tract, except Township No. 10 of the 3d range, and No. 9 of the 7th range, the two towns comprising about 47,000 acres, which Phelps and Gorham retained for their own use. This purchase was con- summated by deed from Phelps and Gorham and their wives to Robert Morris, dated November 18, 1790, and by articles of agreement at that time it was stipulated that the tract should contain one million acres of land, payment for which was then made, and for any surplus over said amount further payment was to be made after the contents of the tract should be accurately ascertained. Mr. Morris soon employed Major Adam Hoops to cause a resurvey of the tract to be made. This work was performed during the years 1791-2, Frederick Saxton, John Ad- lum, Augustus Porter, Thomas Davis, Robert James, and Morgan Jones being the surveyors who assisted Major Hoops in the work, the calcula- tions being made by Major Hoops and Mr. Saxton.

The old pre-emption line as run by Col. Hugh Maxwell in 1788, having been surveyed with very primitive instruments, was known to be erroneous, and a new line was run in November and December, 1792, by Benjamin Ellicott, assisted by James Armstrong, Frederick Saxton and Augustus Porter, and which was surveyed with such accuracy that its correctness has never been questioned. Under an act of the Legis- lature, passed March 24, 1795, a description and map of the pre-emp- tion line was procured by Simeon De Witt, the surveyor-general of the

THE PHELPS AND GORHAM PURCHASE.

State, from Benjamin Ellicott, with his oath attached, certifying that it was an " accurate representation of the eastern boundary of Massachu- setts as run by himself and others ;" that the line run was in accordance with the act of cession, and that " the said pre- emption line was truly performed." Under an act of April 6, 1796, the description and map were duly attested by the surveyor-general and deposited in the office of the secretary of state and the line formally adopted. The map contains not only the new line, which is divided into miles, but also the old line with all the points of deviation from the true course, with the distances at the different points between the two lines. Both lines begin at the eighty- second mile stone on the north bounds of Pennsylvania and at a distance of about forty-five and one half miles, just after crossing the outlet of Crooked or Keuka Lake it was found that the old line was distant one mile and seventy-eight chains and twenty five links, having gradually diverged to that distance from the starting point. Some two or three miles north of Dresden, and nearly forty nine miles from the the starting point, the new line enters Seneca Lake, at which point the distance between the lines has increased to two miles, fifty six chains and fifty links. The new line passes out of the north end of the lake at Pre-emption Street and runs due north to Great Sodus Bay, being in total length eighty- four miles, seventy-seven chains and forty-five links. From the point mentioned above, the old line runs nearly parallel, being at eighty-one miles only nine chains and fourteen links farther west. From the " Return of Survey " made at Philadelphia, by Major Adam Hoops to Robert Morris, we learn that there were 85,896 acres of land in " the Gore " between the pre- emption lines. Although a meridian or true north and south line, the pre-emption line is not on the meridian of Washington as some have supposed, that meridian being some four miles farther west The new line passed nearly as far to the east of Geneva as the old line did to the west.

By the "Return of Survey," just mentioned, it was ascertained that the actual area of Mr. Morris's purchase was one million two hundred and sixty-seven thousand five hundred and sixty- nine acres, two rods, and thirty perches; and from the final settlement made between the parties at Philadelphia, February 16, 1793, we learn that the full num- ber of acres as per the "Return of Survey," which included the Gore,

HISTORY OF ONTARIO COUNTY.

was paid for and that the price paid by Mr. Morris was eight pence half penny per acre, Massachusetts currency, or between eleven and twelve cents per acre in United States money, the settlement paper being signed by Nathaniel Gorham, Oliver Phelps, Robert Morris, and also Charles Williamson to show his privity to the transaction.

Previous to this time, however, in the early part of the year 1791 this great tract of land had been sold by the London agent of Robert Morris to some English capitalists, Sir William Pulteney taking a nine- twelfths interest, William Hornby, two twelfths and Patrick Colquhoun, one- twelfth. Soon after the purchase Charles Williamson, a Scotchman by birth, then residing in Great Britain, entered into an agreement with the purchasers to proceed to America as their agent, to settle on the Gen- esee tract, to sell the lands and remit the proceeds to London. He soon came to America, and after becoming a naturalized citizen, obtained from Robert Morris and his wife an absolute conveyance of the Genesee tract to himself in fee, after which he proceeded to settle on the tract and com- menced operations for bringing the lands into market. The deed of conveyance from Morris to Williamson is dated April 11, 1792, the con- sideration named therein being seventy five thousand pounds sterling.

In this connection an explanation of the currency of early times is per- haps necessary. The act of Congress April 2, 1792, establishing the mint, provided, " That the money of account of the United States shall be expressed in dollars or units, dismes or tenths, cents or hundredths and milles or thousandths," and " that all accounts in the public offices and all proceedings in the courts of the United States shall be kept and had in conformity to this regulation," also, that the silver dollar should be of the same weight and fineness as the Spanish milled dollar then in common use. Individual and mercantile transactions, however, for a great many years continued to be carried on in pounds, shillings and pence This continued in fact until an act of Congress, February 21, 1857, debased the foreign coins, when such currency rapidly went out of existence. As the value in dollars of the pound of account became fixed at different rates in the several States, in consequence of the de- preciation of the early currency of the American colonies, it is necessary to know what kind of currency is mentioned, and the real value of it, in order to know the actual value mentioned in any early transaction.

THE PHELPS AND GORHAM PURCHASE.

Although the pound of account was composed of twenty shillings, both in Great Britain and in this country, yet the English shilling, worth about twenty-two cents, was of more intrinsic value than the Spanish real or shilling, which was of less weight. The Spanish silver coins were the principal currency of the country, and it was upon the value of these that moneyed transactions were principally based. The pound sterling of Great Britain being rated at 4s. 6d. to the dollar, the con- ventional rate for sterling exchange was $4.44% to the pound and this rate or value was maintained for many years In New England, Vir- ginia and Kentucky the dollar was fixed at six shillings in value, hence the shilling was worth 163 cents, and the pound of those States worth $3.333 ; in New York and North Carolina the dollar was fixed at eight shillings, the shilling worth 122 cents and the pound worth $2.50; in South Carolina and Georgia the dollar was fixed at four shillings eight pence, the shilling worth 213 cents and the pound worth $4 284; in New Jersey, Pennsylvania, Delaware and Maryland the dollar was seven shillings six pence, the shilling worth 133 cents, and the pound worth $2.663. From this it will be seen that the price paid by Sir William Pulteney and his associates for the Genesee tract was $333,333-33, being about twenty-six and one-third cents per acre.

The accompanying map is a reduced reproduction of the map of the resurvey of the Phelps and Gorham purchase under direction of Major Hoops, by Augustus Porter, from a copy of the original map in posses- sion of Geo. H. Harris, esq., Rochester, N. Y.

The discovery that the State did not own the lands in the Gore worked to the great disadvantage of the State, and to the owners and settlers who had by that time taken possession of their lands. The State had sold and granted to divers individuals all the lands lying be- tween the old pre-emption line and Seneca lake, and many of the pur- chasers and grantees under these sales were in possession. Now the true pre-emption line had been surveyed and fixed, and within the Phelps and Gorham purchase, as by that survey decided, were found the lands and improvements of persons holding titles from the State. Nothing now remained to be done on the part of the State other than to satisfy the claims of the injured parties. In many cases Mr. Will- iamson confirmed the State titles and received compensation therefor 13

LAKE ONTARIO

EXPLANATION

FRIST CAILL

SAW MILL

TOWNS

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Day.

ROADS

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Lygnt

11.

MORAISS

97 ₦

bare

VO VOINIŲ JO UVA

MAP

SOUR

Mefst Gorham & Phelps's

PURCHASE.

now the County of

ONTARIO

in the State of

NEWYORK From Actual Survey

PURCHASE.

SAINTE

7 PANEL,

1- RANGE.

PEN

SYLVA

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RANGE

2" RANGE

6 RANKE

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THE PHELPS AND GORHAM PURCHASE.

from the State by grants of land in other localities from the public lands, while in other cases the State satisfied the claimants by grants of public lands, but generally was compelled to give from three to six acres for each one possessed by the person found to be on the pre- emption tract.

As has already been stated these lands had been granted by the State to various persons and the discovery of the error and the subsequent resurvey of the eastern boundary was the source of much confusion. Captain Williamson, acting for the association, purchased a number of these patents, and made arrangements to quiet the title of other owners to the extent of 37,788 acres, 25,000 acres of which had been pur- chased for him by his agent, John Johnstone. However, in 1799 Will- iamson received as compensation lands 56,682 acres, or one and onc- half acres for one, which were granted him by the State and located adjoining the pre-emption line in Wayne county. John Livingston and Thomas Maule, the then owners of the Reed and Ryckman tract, which Williamson took and retained in possession, received from the State patents for 42,969 acres, being five and one-half acres for one as compensation lands for their loss. Robert Troup, agent for Sir John Lowther Johnstone, in 1811 obtained a decision from the land office for compensatiom for lands in Seth Reed's patent for 2,000 acres, the title of which Williamson had purchased. Numerous other illustrations might be given in this connection, but the above are deemed sufficient for the purpose of this chapter.

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History of Ontario county, New York : with illustrations and family sketches of some of the prominent men and families, Part 8

Author: Aldrich, Lewis Cass, comp; Conover, George S. (George Stillwell), b. 1824, ed Publication date: 1893 Publisher: Syracuse, N.Y., D. Mason & Co. Number of Pages: 1002

Author: Aldrich, Lewis Cass, comp; Conover, George S. (George Stillwell), b. 1824, ed
Publication date: 1893
Publisher: Syracuse, N.Y., D. Mason & Co.
Number of Pages: 1002