USA > New York > Saratoga County > History of Saratoga County, New York, with illustrations and biographical sketches of some of its prominent men and pioneers. > Part 18
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" Your Excellency's petitioner therefore most humbly prays your Excellency will be pleased that the said reference which has been so long depending before your Excellency, may be determined : and your said petitioner's husband being unhappily dead since the said trans- action, to the inexpressible loss of your petitioner and family. your petitioner most humbly prays that her name may be inserted in the said grant in place of that of her said late bushand, for tho benefit of your said petitioner's family and company.
" And your Excellency's said petitioner, as in duty bound, shall ever pray, etc.t
" MARY BROUGHTON."
On the 17th of April, 1807, Samuel Broughton, son of Sampson Shelton Broughton, filed a petition in behall'of his mother praying that she might take her husband's interest in the grant.
In the mean time Mary Broughton had gone back to England and taken the Indian deed of Kayadrossera with her among her husband's papers.
In the year 1808, the other proprietors filed a petition setting forth the fact of their not having possession of the Indian deed, and accounting for its absence as above stated.
A long controversy ensued between the Broughtons and the other patentees, which was finally compromised by mak- ing Samuel Broughton, the son of Sampson Shelton Brough- ton, one of the patentees.
The following is the warrant for this patent, which was finally granted to thirteen owners in common. This war- rant contains a description of the patent by which all sur- veys were governed :
WARRANT FOR KAYADROSSERA.
" By his Excellency. Edward, Viscount Cornbury, Captain-General and Goreruor-in-Chief of the Provinces of New York, New Jersey, and Territories depending thereon in America, and Vice-Admiral of the sumc, etc., in connril, this 22d day of October, 1701.
" To Major Bickley, Esq., Attorney-General of the Province of New York :
"You are hereby required to prepare a draft of letters-patent for Naning Harmansc, Johannes Beekman, Rip Van Dam, And Bridges,
+ Land Papers, p. 42.
75
IIISTORY OF SARATOGA COUNTY, NEW YORK.
Major Bickley, Peter Faneonuier, Adrian Hoghland, Johannes Fisher, John Tuder, Ixris Hoghland, John Stevens, and John Gatham, for all that traet of land situate, lying, aod being iu the county of Albany, called Kayadarossera, alius Queen's Borough, beginning at a place ou Schenectady river, about three miles distant from the southwesterly corner of the bounds of Nestigion's, the said place being the south west- erly corner of the patent lately granted to Naning Hfa mause, Peter Fauconnier, and others ; thence along the suid Schenectady river west- erly to the southeastly corner of a patent lately granted to William Ap- ple ; thenee along the easterly, aortherly, and westerly lines of said William Apple's patent down to the above said river ; thence to the Schenectady hounds, or the southeasterly corner of said patent ou said river, so along the easterly, northerly, and westerly bounds thereof down to the said river again; thenee along the said river up westerly to the southeasterly bounds of a tract of land lately granted to Eben- ezer Willson and John Aboot, and so along the said patent round to the southwesterly corner thereof on said Schenectady river ; thenee continuing to run westerly up along said Schenectady river to a place or hill called Iweetowando, being five miles distant, or thereabouts, from the said southwesterly corner of said Willson's and Aboot's patent ; thence northerly to the northwestmost head of a creek called Kayaderossera, about fourteen miles,-more or less : thence eight miles muore northerly ; theuce easterly or northeasterly to the third falls on Albany river, about twenty miles,-more or less ; thence along the said river down southerly to the northeasterly bounds of Saratoga ; thence along said Saratoga's northerly, westerly, and southerly bounds on said river; theuee to the northeasterly corner of Anthony Van Sehaick's land, on said river, so vortherly and westerly along said Van Schaick's patent to the northeast corner of the above said patent grauted to Naning, Fauconnier, and others : thence along the northerly and west- erly bounds thereof, down to the above said river of Scheucctady, being the place where it first begon. To hold to the said Naning Har- mease, Johannes Beekman, Rip Van Dam, Ann Bridges, Major Dickley, Peter Fauconnier, Adrian Hoghland, Johannes Fisher, John Tuder, loris Hloghland, John Stauen, and John Gatham, their heirs and assigns forever, at and uuder the yearly quitrent of four pounds . . . and for so doing this shall be your sufficient warrant. Dated as above.
" By order of his Excellency in council.# " CORNBUNY."
After the patent of Kayadrossera was granted, in the year 1708, the patentees slnumbered on their rights. It was a condition of the grant that a settlement should be made within seven years after its date and discovery. It does not appear that any attempt at settlement was made, but one petition after another was filed by the patentees, pray- ing an extension of the time for settlement.
In 1732 the patentees filed a petition, asking that the patent might be surveyed and its boundaries determined, on account of various depredations that were being com- mitted on it by adjoining owners who disputed the line.
But nothing was done towards a survey; and again, for more than thirty years, the owners of this magnificent domain slumbered upon their rights.
At length, in 1763, the French and Indian war being over, the patentees of Kayadrossera began to look, with louging eyes, after their lands. In the year 1764, some one of them began to issue permits to settlers to enter upon and occupy portions of the patent.
In pursuance of these permits, several families moved upon the patent in the vicinity of Saratoga lake, at the mouth of the Kayadrossera river.
In the fall of that year the Mohawks, upon their hunting excursion, fell upon these settlers and drove them away.
Learning from the settlers that they claimed it by pur- chase, the Mohawks became alarmed, as they said they had never heard of such purchase.
$ Land Papers, v. 4, p. 165.
The Mohawks at once appealed to Sir William Johnson, and were surprised to learn that the whole of their favorite hunting-ground had been deeded away by their fathers more than two generations before.
" Abraham," the brother of King Hendrik, in an elo- quent harangne, presented the case to Sir William, claim- ing that, after the most diligent inquiry among the oldest people of his tribe, it could not be ascertained that any such grant had ever been made.
In conclusion, " Abraham" demanded in the name of the tribe that the patent be relinquished.
Sir William took up the matter warmly in favor of the Mohawks, and made every effort in his power to have the patent set aside.
In the first place, Sir William wrote to Lieutenant-Gov- ernor Colders, stating the case as he understood it, and urging relief.
That very autumn, Sir William introduced a bill into the Colonial Assembly to vacate the patent on the ground of fraud.
These measures failing, in the year 1765 Sir William appealed to the council in person in behalf of his dusky brethren, but the members of the council put him off with, among other things, the plea that to vacate the patent in council would be disrespectful to the council who granted it. By this time the controversy had been taken up warmly by all the tribes of the confederacy of the Six Nations, and Sir William in their behalf petitioned to have the patent vacated on the ground of fraud by act of Par- liament.
At length the proprietors themselves became alarmed for the safety of their patent, and offered to compromise with the Indians by paying them a certain sum of money to satisfy their claim. The Mohawks thought the sum offered too small, and the effort failed.
Thus the matter went on till the year 1768, when the proprietors of Kayadrossera gave to the governor, Sir Henry Moore, full power to settle with the Indians. In pursuance of this authority, Sir Henry proceeded to the Mohawk country in the early summer of 1768, and ealled a council of the Indians to deliberate upon the matter. But it was found that the proprietors had no copy of the Indian deed to produce in evidence on the occasion, and that, as no survey had ever been made, no proper understanding of the subject could be arrived at, and the council was dis- solved. Upon his return to New York, the governor or- dered a survey of the patent to be made. The outlines of this great patent were accordingly given by the surveyor- general, and, the boundaries being ascertained, a compro- inise was arrived at. The proprietors relinquished a large traet on the northwestern quarter of what they had claimed to be their land, and fixed the northern and western bound- aries as they now run. They likewise paid the Indians the sum of five thousand dollars in full of all their claims and the Mohawks thereupon ratified the patent and forever relinquished their claims to their old favorite hunting- ground.t
t See Life and Times of Sir William Johnson, by Colonel Win. L. Stone, vol. ii.
76
HISTORY OF SARATOGA COUNTY, NEW YORK.
The Indian title being thus quieted, the proprietors pro- eeeded at once to survey their lands.
Such proceedings were had that commissioners were ap- pointed to partition the patent among its owners. The commissioners completed their survey in the year 1771. They divided the patent into twenty-five allotments, and each allotment into thirteen equal lots, that being the num- ber of the original proprietors.
The proprietors, or their heirs or assigns, as the case might be, cast lots as to location, each having a single lot in each allotment. It would doubtless be interesting to trace more in detail the incidents attending the granting and settlement of this important patent, but our space will not permit. Its situation is clearly shown by the map accompanying this chapter.
IV .- THE APPLE PATENT.
On the 13th day of April, 1708, William Apple peti- tioned Governor Edward, Lord Viscount Cornbury, setting forth that twenty years before, he and his partner, Harmanus Hagadorn, had planted a field of corn on the north bank of the Mohawk, in the county of Albany, and when it was all ready for the harvest, the Mohawks, who were on the war-path against Canada, encamped in the field and destroyed it, to their loss of $400. That, in consideration therefor, the Mohawks thereafter gave them a deed of the land, signed by four sachems of the tribe. The land was de- scribed in the Indian deed as follows, to wit :
" A certain piece of land lying at the north side of the river Schenectady (Mohawk ) nigh the bounds of the said town, beginning at a creek called Eel-Place, along the said river, under the high rocky hills, and from the said river- side northeast into the woods unto the Long lake, being in breadth alongst the said river one mile or thereabouts."
The petition further set forth that thereafter the peti- tioner was wounded in the attack on Schenectady, on the 8th February, 1690, and that he had a large family of small children dependent upon him for support.
Out of this petition grew the Apple patent, indicated on the map which faces this chapter.
V .- THE VAN SCHAICK PATENT.
This patent includes the present town of Waterford and part of Half-Moon. A copy of the survey of the patent is herewith appended.
SURVEY OF THE VAN SCHAICK PATENT.
The boundaries of a certain parcel of land in the county of Albany, confirmed unto Anthony Van Schaick, by Gov- ernor Thomas Dongan, 31st May, 1687.
A certain parcel of traet of land, and being to the north and above the town of Albany, and is commonly called and known by the name of the Half-Moon, which stretches up alongst the North river, from a certain place where are several streams of water, to a creek or kill, where there is a fall of waters, which, running into the land, hath its course into the North river; the said creek, or kill, and fall being by the Indians called Tieuwenendahow ; and from thence runs up the Maquas kill westward, to a place called Dowailsoiaex, and so strikes presently eastward up along
by the said stream, and then to the North river aforemen- tioned .*
A true copy, taken from the original by Philip Livingston.
VI .- THE CLIFTON PARK PATENT.
Among the earlier patents granted was the Ska-nen-da- ho-wa, or Clifton Park patent. Its situation is sufficiently indicated on the accompanying map, and it is sufficiently described in the following paper relating thereto, which is on file in the office of the Secretary of State at Albany.
" WARRANT FOR CLIFTON PARK PATENT.
" By his Excellency, Edward Viscount Corubury, Captain-General and Governor-in-Chief of the Provinces of New York, New Jer- sey, etc., in council this With of September, 1703.
" To Major Birkley, Esy., Attorney-General of this Province :
" You are hereby required to prepare a draft of letters patent for Naning Harmansen, Peter Fauconnier, Henry Holland, Henry Swift, and Win. Morrison, for a certain tract or piece of land in the county of Albany, called Shenondehowah, also Clifton Park, ranging in a northern line from the Mohawks, Cohoes or Sebencetady river, along the western bounds of Anthony Van Schoyck's patent, about six miles northerly up into the woods, together with a small island a little to the eastward of the southwest corner of said Van Schnyck's land; then along the said river westward to the eastmost bounds of Nestigion's patent, so all along the east bounds of Nestigion's as far as the same run northward, and then all along the northern bounds of said Nestigion's patent as far as the same runneth west- ward ; then down to the river-side along the westward bounds of said patent to the river again, and three English miles, or there- abouts, upwards to the west along the said river-side ; then six miles or thereabouts from said river side up into the woods northward, and then to meet from thence on an castern line with the line first run along the above said Anthony Van Schoyck's western bounds, said small island included, with a line parellel to the bounds of the afore-mentioned river, to holl to them the said Nanning Harmansen, Peter Fauconnier, Henry Holland, Henry Swift, and Win. Morrison, in manner and for the following: that is to say, two-ninth part thereof to said Naning Harmansen, his heirs, and two other ninth part thereof to said Peter Fauconnier, his heirs, and two other ninth part thereof to Henry Ilolland, and two other ninth part thereof to Henry Swift, his beirs, and the other one last ninth part thereof to William Morris, at and under the yearly quitrent of forty shillings, on condition of settling the same within three years after a peace hetween Her Majesty and the French king shall be publicly declared in this province, and for so doing this shall be your warrant.
" By order, CORNBUDY."
VII .- THIE PATENT TO JOHN GLEN AND FORTY-FOUR OTHERS.
The following is a survey of this patent. It is indicated on the map accompanying this chapter.
SURVEY FOR JOHN GLEN AND FORTY-FOUR OTHERS.
" Pursuant to a warrant from his late excellency, Sir Henry Moore, Baronet, then captain-general and governor-in-chief in and over tho province of New York and the territories depending thereon in America, chancellor and viee-admiral of the same, bearing date the ninth day of March, one thousand seven hundred and sixty-nine.
"Surveyed by Manning Vischer for John Glen, Junior, Simon Schermerhorn, and their associates. All that certain tract or parcel of land situate, lying, and being in the county of Albany and within the province of New York,-
" Beginning at the distance of one hundred and five chains, meas- ured on a course south sixty-one degrees west from a black ash-tree standing near the head of one of the branches of a brook called and known by the name of Kayaderosseras, which said black ash-tree was marked by the commissioners appointed to make division of a tract of land called and known by the name of the patent of Kaya- derosseras, and runs thence south sixty-one degrees west one thou-
* Land Papers, vol. vi. p. 17.
77
IIISTORY OF SARATOGA COUNTY, NEW YORK.
sand two hundred and nineteen chains; then north fifteen degrees and thirty minutes east two hundred and sixty- eight chains; then south twenty-nine degrees and thirty minutes east eighty-one chains and three rods ; then north sixty degrees and forty- five minutes vast three hundred and seventy-six chains; then north eleven degrees west one hundred and forty-one chains; then north sixty-seven de- grees and forty minutes east forty-five chains ; then north forty de- grees and forty minutes east three hundred and seventy-seven chains ; then north fifty-two and thirty minutes west five chains ; then north twenty-nine degrees and thirty minutes east two hundred and sixty- two chains; then north fifty-two degrees and thirty minutes west seventy-eight chains, to the Sacandaga or west branch of Hudson's river.
" Then down the southern bank of the said branch, as it winds and turns, to a hemlock-tree marked with the letter B ; then north eighty- four degrees and eight minutes west five bundred and sixty-nine chains, to a hemlock-tree marked eight miles; then south one hnn- dred and ten chains ; then west ninety chains ; then south five hundred and eighty chains, to the place where this tract began,-
"Containing forty-five thousand acres of land, and the usual allowance for highways.9
" Given under my hand this second day of July, one thousand seven hundred andt seventy.
" ALEX. COLDEN, " Surveyor-General."
VIII .- OTHER PATENTS.
PALMER'S PURCHASE .- This large patent lies partly in three counties, Saratoga, Warren, and Hamilton ; the part in this county is indicated on the map.
THE NISKAYUNA PATENT was granted April 13, 1703. It is a small patent lying near the Mohawk river, in the south part of the town of Clifton Park, as indicated on the map.
THE DARTMOUTH PATENT lies partly in the eastern part of the town of Hadly, and extends northerly up the Hudson into Warren county.
THE NORTHAMPTON PATENT lies partly in this county, along both sides of the Sacondaga river, in the town of Edinburgh.
THE LIVINGSTON PATENTS lie in the valley of the Sacondaga, in the town of Edinburgh, northeasterly of the Northampton patent.
THE JOHN GLEN PATENT is a small gore of land, lying between the Hudson and the north line of the Kay-ad-ros- se-ra patent, at South Glen Falls, in the town of Moreau. The fourteen patents above named are all the whole or any part of which lies in Saratoga, County. Ouly such docu- ments as best show the extent and boundaries of the larger patents have been given here. The voluminous records relating to these fourteen patents ean all be easily found in the archives of the State department, at Albany, by con- sulting the Calendar of Land Papers.
CHAPTER XIX.
EARLY SETTLEMENT-COUNTY ORGANI- ZATION-CIVIL GOVERNMENT AND CIVIL LIST.
I .- EARLY SETTLEMENT.
UPON the land-grants described in the foregoing chapter the early settlement of Saratoga County began. To write the history of the settlement and development of Saratoga
County is to trace that history through the greater part of three centuries. Its history began early in the seventeenth, and now we are nearing the elose of the nineteenth. But the history of the early settlement of the county is so fully given in the histories of the several towns which follow this general history, that it would be but needless repetition to attempt it here. And in following the annals of the early settlements of the towns it will be seen what a matter of hardship and toil, of difficulty and danger, it was to be the pioneers of a new and savage country.
The fate of Ballston, like that of Wyoming and Cherry Valley, suggests the various risks of the pioneer settlers, who in those early days laid siege to the grim old wilder- ness.
At the mention of those early settlements there rises at once in our mind's eye the log hut in the centre of the little clearing, the seanty crop of corn among the charred logs and blackened stumps of the felled trees. Around all stands the shadowy forest, which the fears of the anxious housewife and the little children people with lurking Indians and wild beasts of prey ; while the father guides the plow, with his trusty rifle hidden in a corner of the field. The whole is a scene of faith, courage, and endur- rance, which will never be equaled again.
The first settlers confined themselves to the banks of the Mohawk, and to the protection of the forts and military works erected during the long and bloody French and Indian wars. It was not till after the war of the Revolu- tion was over that the full tide of immigration set in for Saratoga County.
At the time of its separate county organization, in 1791, Saratoga had within its borders more than seventeen thousand inhabitants.
II .- COUNTY ORGANIZATION.
On the 17th day of February, in the year 1791, an act was passed by the Legislature of the State of New York, entitled, " An act for apportioning the representation in the Legislature, according to the rules prescribed in the Constitution, and for other purposes." By section one of that aet the towns of Easton and Cambridge were annexed to Washington county, the county of Rensselaer created, and it was further provided, " That all that part of the county of Albany, which is bounded easterly by the Hudson river and counties of Washington and Rensselaer, southerly by the most northerly sprout of said river and the town of Schenectady, westerly by the county of Montgomery, and northerly by the county of Washington, shall be one sep- arate and distinct county, and be called and known by the name of Saratoga."
By other sections of the same statute, provision was made for holding the several courts of the State therein, and local courts were provided for as well as representation in both Houses of the Legislature, and it was directed that all prisoners shoukl be kept in the Albany county jail until a new jail should be built in the county of Saratoga.
The courts of the State at the time of the formation of this county were-
1. The Court of Errors, consisting of the lieutenant- governor, the senators, the chancellor, and the judges of the
# Land Papers, vol. xxvii. p. 64.
78
HISTORY OF SARATOGA COUNTY, NEW YORK.
Supreme Court. This court had sole power to try im- peachments, and a general appellate jurisdiction over the courts below.
2. The Court of Chancery, with exclusive jurisdiction in equity causes.
3. The Supreme Court of Judicature, consisting of a chief justice and three puisne judges. This court sat in banc, and heard appeals from the courts below.
4. The Circuit Court, which was held in each county at least onee in every year by one of the judges of the Supreme Court. It had jurisdiction over all issues of law.
5. A Court of Common Pleas in each county .- This court consisted of a first judge and at least three judges, and had jurisdiction over all actions at law arising within the county.
6. The Court of Oyer and Terminer .- This was a erim- inal branch of the circuit court, presided over by a circuit judge and at least three commissioned justices of the peace of the county, of whom one might be a county judge.
7. The Court of General Sessions .- This was a criminal court, held by any three of the justices of the peace of the county, and of which a judge of common pleas must always be a member.
Governor Clinton appointed John Thompson, of Still- water, first judge; James Gordon and Beriah Palmer, of Ballston, Jacobus Van Schoonhoven, of Half-Moon, and Sidney Berry, of Saratoga, as judges. Sidney Berry was appointed surrogate, Jacob Fort, Jr., of Half-Moon, sheriff, and Direk Swart, of Stillwater, county clerk.
The first session of the common pleas met at the resi- dence of Samuel Clark, in what is now the town of Malta, then Stillwater, on the 10th day of May, 1791. It was held by Judge Thompson and the four judges above named, with John Varnan, Eliphalet Kellogg, and Epenetus White, associate justices of sessions.
The first session of the court of general sessions was held at the same place, on the 10th of May, 1791, presided over by James Gordon, judge, and John Varnam, Epenetus White, Eliphalet Kellogg, Richard Davis, Jr., Douw J. Fonda, Elias Palmer, Nathaniel Douglas, John Ball, and John Bradstreet, justices of the peace. A grand jury was sworn in, consisting of Richard Davis, Jr., Joshua Taylor, John Donald, Henry Davis, Hezekiah Ketchum, Seth C. Baldwin, Ezra Hallibort, John Wood, Samuel Wood, Edy Baker, Elisha Andrews, Gideon Moore, Abra- ham Livingston, and John Bleeker.
The first term of the circuit court and court of oyer and terminer was held at the house of Jedediah Rogers, in Clifton Park, then Half-Moon, Chief Justice Robert Yates presiding, on Tuesday, the 7th day of July, 1791. The next term was held in the church at Stillwater, June 4, 1792, and the third term in the Presbyterian church at Ballston, July 9, 1793.
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