History of Steuben county, New York, with illustrations and biographical sketches of some of its prominent men and pioneers, Part 11

Author: Clayton, W. W. (W. Woodford)
Publication date: 1879
Publisher: Philadelphia, Lewis, Peck & co.
Number of Pages: 826

USA > New York > Steuben County > History of Steuben county, New York, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 11

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The lands purchased by Phelps and Gorham were sur- veyed into tracts running north and south, called ranges, and these ranges were divided into townships six miles square .; This was done under contract with Col. Hugh

Maxwell, who completed most of the northern portion of it previous to the close of 1788. In 1789 the work was prosecuted with the assistance of Judge Augustus Porter and others. The surveys of townships into farm lots, in cases where whole townships were sold, was done at the ex- pense of the purchaser. Judge Porter, John Adlumu, and Frederick Saxton were among the earliest surveyors of the subdivisions.

From the original field-notes of the surveyors, in the land-office of the Pulteney estate, at Bath, we gather the following particulars of surveys made in 1791 and 1792. The general title of the book is " Surveys of that part of West Genesee which was sold by Messrs. Gorham and Phelps to Robert Morris, Esq., except a small tract bounded on the south side of Chapin and Street's township and the township five-eighth parts of which were sold to Smith, Jones and others." The general survey of this tract was made by Frederick Saxton, Adam Hoops, John Adlum, and Augustus Porter, and calculated by Frederick Saxton and Adam Hoops. The purchase of Robert Morris was found to contain, after deducting twenty-six thousand four hund- red and forty-six acres, two roods, and thirty perches, for lands sold to John Stone, E. Scott, Rev. Samuel Kirkland, E. H. Robins, Esq , and others, one million two hundred and forty-six thousand five hundred and sixty-nine acres, one rood, and ten perches. Maj. Adam Hoops adds his certificate to these surveys, in the words following :

" The above are the contents of sundry townships and tracts of land in the county of Ontario and State of New York, sold by Messrs. Gorham and Phelps to the Honor- able Robert Morris. The several surveys were made by the persons whose names are hereinbefore mentioned, and their field books and notes : reference being had thereto as directed in the margin at A, B, C, D, E, will show the surveys of the particular townships and tracts.

" Returned at Philadelphia, in the State of Pennsylvania, this fourth day of February, Anno Domini 1793. The contents being, as above written in figures, ONE MILLION Two HUNDRED AND SIXTY-FOUR THOUSAND FIVE HUNDRED AND SIXTY-NINE ACRES, ONE ROOD, AND TEN PERCHES.

(Signed ) " A. HooPs, Surveyor."

The gore between the old and new pre-emption lines was found upon survey to contain eighty-nine thousand and two acres, two roods, and twelve perches. Dedueting for the portion of Seneca Lake included within the lines four thou- sand and fifty-five acres, three roods, and seven perches, the net amount of land was eighty-four thousand eight hund- red and ninety-six acres, three roods, and five perches. The true Pre-emption Line was run by Messrs. Ellicott, Armstrong, and Saxton; the offsets by Morgau Jones, Augustus Porter, and Frederick Saxton, and the calcula- tions were made by Adam Hoops and Frederick Saxton. The latter died before the returns were completed. The length of the gore, from the eighty-second mile-stone in the northern line of Pennsylvania (southeast corner of Steuben County) to its terminus on Lake Ontario at Sodus Bay, was found to be eighty-four miles, seventy-seven chains, and forty-five links.

Probably they would have made Geneva instead of Canandaigua the eentre of their operations, but for the fact that this line, as at first run, left Geneva on the eastward of the pre-emption line, and in what, since the running of the new line, has been known as " The Gore."

+ This, we believe, is the first time in the history of our country when this rectangular method of surveys was adopted,-dividing the townships into parallel ranges and designating them by numbers. It was afterwards applied by the government to the whole Northwest Territory, and is the method prevailing in all the Western States.

HISTORY OF STEUBEN COUNTY, NEW YORK.

CHAPTER IX.

THE PULTENEY ESTATE.

Sale of the Lands by Robert Morris to Charles Williamson-Law Enabling Aliens to Ilold Real Estate-Conveyance by Charles Wil- liamson to Sir William Pulteney-Descent of the Estate to the Heirs and Trustees-Abstract of Title.

EARLY in the year 1791, William Temple Franklin, the agent of Robert Morris in London, sold the lands which the latter had purchased of Messrs. Phelps and Gorham to an English association, consisting of Sir William Pulteney, John Hornby, and Patrick Colquhoun. Sir William Pul- teney was a capitalist residing in London, and at that period occupied a high position as a citizen and statesman. Mr. Hornby had been Governor of Bombay, and was at that time a retired London capitalist. Mr. Colquhoun, who more directly than any of the other members became con- nected with the management of the estate, was eminent as a statesman and philanthropist. These gentlemen purchased the lands of Mr. Morris, paying therefor thirty thousand pounds sterling, the conveyance by deed being made to Charles Williamson, agent, April 11, 1792. Mr. William- son had come to the United States for the purpose of buy- ing lands for the Association, and had been naturalized, and held the office of Judge of Ontario County, and Rep- resentative in the General Assembly .*

When the purchase was made of Robert Morris, there was no provision in the statutes of New York allowing aliens or foreigners to hold or convey lands in this State. By the treaty with Great Britain, commonly known as Jay's treaty, concluded in 1794, this disability was partially removed so far as subjects of Great Britain were concerned who then held lands or other real estate in the United States. But a general law of the State was needed giving aliens of all classes the right to purchase, hold, and devise lands in common with citizens. Such an act was passed by the Legislature in April. 1798. It made legal convey- ances to all foreigners valid, except such only of foreign nations as were at the time of conveyance at war with the United States, but prohibited them from making any reser- vations of rent or service in any grant or devise whatever. An " act explanatory of the construction and intent of the act of April, 1798," was passed March 5, 1819, by which conveyances made from one alien to another were declared valid, together with mortgages upon the said lands and tenements.

The title of aliens being thus perfected, Charles William- son and Abigail, his wife, conveyed the above lands to Sir William Pulteney, on 21st of October, 1801. Sir William Pulteney died in 1805, intestate, and his estate descended to his only child, Henrietta Laura Pulteney, as heir-at-law.

@ Col. Williamson was naturalized and became an American citizen on the ninth day of June, 1792. The following is his oath, with the certificate of the Justice of the Supreme Court of Pennsylvania, copied from the original now in the office of Judge Rumsey, of Bath :

"I, Charles Williamson, gentleman, being duly sworn upon the Holy Evangelists of Almighty God, do say that I will support the Constitution of the United States.

" CHAS. WILLIAMSON.

" Done in open Court at Philadelphia, June 9, 1792.

" J. YEATES, Justice Supreme Court."

Henrietta Laura Pulteney died in 1SOS, intestate, leaving Sir John Lawther Johnstone, her cousin and heir-at-law, to whom her estate descended. Sir John Lawther Johnstone died in 1811, and by will left all his lands in America to Ernest Augustus, Duke of Cumberland, Charles Herbert Pierrepont, David Cathcart, and Masterton Ure, in trust, to sell the same as speedily as possible, and to invest the same as therein directed. Ile authorized them to fill any vacancies which might oceur; also authorized "three to act when there were four, and two to act when there were but three."

On the 1st of March, 1819, Charles Herbert Pierrepont relinquished his trust, and conveyed to his co-trustees all his interest in the estate, and on the 20th of November, 1827, these trustees, under an order from the Court of Chancery, appointed John Gordon a trustee in the place of Charles Herbert Pierrepont, and conveyed to him the estate as a co-trustee. On the 17th of August, 1830, the then trustees, Ernest Augustus, Duke of Cumberland, Master- ton Ure, and John Gordon, appointed Robert Troup their attorney and agent for managing the estate, and in case of his death or disability to act they nominated and appointed Joseph Fellows to act as their attorney and agent. By vir- tue of this appointment and the death of Robert Troup, Joseph Fellows continued to act as the legally-authorized agent of the trustees until the 15th day of February, 1862.

The agents of the Pulteney estate have proceeded to sell these lands "with all convenient speed," as directed by the will of Sir John Lowther Johnstone, and have con- veyed by deeds, and contracted to convey, all of the original purchase, with the exception of about five thousand acres, of which about four thousand are in the county of Steuben.

The original proprietors, trustees, agents, and attorneys of the estate have pursued upon the whole a very just and liberal policy towards purchasers and settlers upon these lands. A judicious writer has remarked that " with . noth- ing to judge from but his business letters, instructions to agents, etc., it is impossible to form any other conclusion with regard to Sir William Pulteney but such as is credit- able to him as one whose capital had made his own interests and those of his new settlers mutual." And so of the rest. Mr. Colquhoun was by nature and practice a philanthropist, and in all his relation to the early history of this estate his conduct was eminently in keeping with that character. A marble tablet erected in front of the Presbyterian Church in Canandaigua, to perpetuate his memory, has upon it an inseription which recognizes the principal events of his use- ful life. He was a native of Glasgow, Scotland, and died in London in 1820, aged seventy-six years. Few men had contributed more to the reformation of criminal laws, to the promotion of trade and commerce, in founding systems for benefiting the poor, and for public education in England and Scotland. In some of his correspondence he mentions having spent some time in America previous to 1790, prob- ably in some of the Southern States.

Of Mr. Williamson, Col. Robert Troup, Joseph Fellows, and others, whose names and benefactions are intimately identified with the Pulteney estate and with the history of this portion of the State of New York, we shall speak more at large in a future chapter.

HISTORY OF STEUBEN COUNTY, NEW YORK.

It appears from the records of the State and other sources of information, that the question of title to these lands has been a subject of legislation and also of judicial and per- sonal investigation. In 1789, a gentleman commissioned by Mr. Beckford, of London, made a purchase of Mr. Williamson of twenty-nine thousand acres of land. By contract, the title was to be certified to by Messrs. Hamil- ton, Harison, and Troup, of New York, all eminent law- yers, and without their certificate the money could not be drawn in London. After a very minute investigation these gentlemen granted their certificate, and Mr. Williamson in 1790 received his money. Another very accurate investi- gation of the title was made by the Commissioners of the Land Office of the State of New York. By an error in the first survey of the Genesee country, a considerable mis- take was made in the east boundary, or pre-emption line, which was rectified by a survey made by Mr. Ellicott and others in 1792; this correction of the line gave Mr. Wil- liamson eighty-four thousand acres more of land than was comprehended in the first survey made in 1789. As the Commissioners of the Land Office had then sold part of the eighty-four thousand acres to different individuals, and the important site of Geneva was included in the tract, it became necessary for them either to compensate Mr. Wil- liamson or other persons owning these locations. A law was accordingly passed at the session of 1793, declaring the line run by Mr. Ellicott and his associates the true boun- dary line of the lands known as the purchase of Messrs. Phelps and Gorham, and empowering the Commissioners of the Land Office to compensate the claimants, allowing the preference to the person holding under the title derived from Phelps and Gorham. After the fullest investigation of Mr. Williamson's title, the Commissioners of the Land Office granted him a patent for fifty-six thousand acres near Sodus Bay, in what is now Wayne County, as a compensa- tion for the lands he had surrendered to the State on the eastern boundary of the counties of Ontario and Steuben. Previous to granting the patent, the Commissioners of the Land Office received the report of the attorney-general, in which, after giving a deduction of the title, gave it as his opinion that Mr. Williamson was the legal owner of the land cut off by the line ; and, of course, in the same deci- sion was involved the whole title to the lands purchased of Phelps and Gorham.

On the 26th of January, 1821, an aet was passed enti- tled " an act to perpetuate certain testimony respecting the title of the Pulteney estate in this State." According to the provisions of this act, Robert Troup, Joseph Fellows, and John Greig were examined before Bowen Whiting, a master-in-chancery, as to the seizin, descent, and title of said estate, and an order was entered on the 28th of No- vember, 1821, to the end that said depositions do, in the opinion of the chancellor, furnish good prima facie evidence of the facts therein set forth ; and it was ordered that the depositions be filed in the office of the Register in Chancery, " there to remain as matters of perpetual record."

Various questions involving the validity of the title have been litigated from time to time and finally carried to the Court of Appeals. In January, 1870, in the case of the People vs. Alonzo Snyder, the Court of Appeals unani-

mously confirmed the title, and also in March, 1876, in the ease of IIenry C. Howard against George K. Moot.

We append the following

ABSTRACT OF THE PULTENEY TITLE :

"1. Treaty of Cession between New York and Massachusetts, by Commissioners of each State, dated at llartford, 16th December, 1786. Recorded io the office of the Secretary of State, in Book of Miscel- laneous Records, M. R. [A], page 38, etc., on the 2d day of February, 1787.

" II. Conveyance to Nathaniel Gorham and Oliver Phelps, by, 1st, Grant of same lands to Nathaniel Gorham and Oliver Phelps, by an act of the Legislature of Massachusetts, April 1, 1788. 2d. An act confirming to Phelps & Gorham a certain portion of said lands, passed 21st November, 1788. Recorded in the office of the Secretary of State, in Book of Miscellaneous Records, M. R. [A], page 229, etc., 6th of February, 1789.

"IfI. Deed from Gorham and wife and Phelps and wife to Robert Morris, dated November 18, 1790, acknowledged before James M. Hughes, and recorded in the office of the Secretary of State, in Book M. R. [B], of Miscellaneous Records, page 169, etc., on the 24th day of May, 1791.

"IV. Deed from Robert Morris and wife to Charles Williamson, dated April 11, 1792, acknowledged before James Willson, U. S. Judge, 20th February, 1795. Recorded in the othce of the Secretary of State, in Liber of Deeds endorsed M. R. [1], at page 400, etc., on the 28th day of September, 1798.

"V. Deed from Charles Williamson and wife to Sir William Pul- teney, dated March 31, 1801. acknowledged on the same day by Wil- liamson, and on the 16th day of May, 1501, by his wife, before Jacob W. fallet, Master in Chancery. Recorded in the Secretary of State's office in Liber of Deeds, M. R. [M], page 304, etc., on the 21st day of October, 1801.

"3d Rev. Stat., 2d ed., 225 sce. : Act to enable aliens to purchase and hold Real Estate, passed April 2, 1798.

" Ibid., 226 sec. : ' Act explanatory,' passed March 15, 1819.

" VI. Exemplification from the Court of Chancery of, Ist. The death of Sir William Pulteney, intestate, aud the descent cast npon Henrietta Laura, his only child, an heir-at-law. 2d. The death of. Ileorietta Laura Pulteney, intestate as to her real estate, and the de- scent cast in Sir John Louther Johnstone, her cousin and heir-at- law. 3d. The death of Sir John Louther Johnstone, in December, 1811, after making and publishing in duplicate a last will and testa- ment. This done under the act of the Legislature, passed 26th Jan- uary, 1821, to perpetuate this testimony.

20 J. R., 707; 5th Cowan, 321; 7 Wen., 367.

"VII. Exemplilication from the Supreme Court of the will of Sir John Louther Johnstone, dated 7th August, 1811, and proved in the Supreme Court by John Birch Dawson, one of the subscribing wit- nesses, on the 3d January, 1820, devising his lands in America to Ernest Augustus, Charles Herbert Pierpoint, David Cathcart, and Masterton Ure, in trust, etc.

"VIIT. Deed and release of trust from Charles Herbert Pierpoint to his co-trustees, dated 1st March, 1819. Proved before Lord Mayor of London by Isaac Samuel Clamtree, one of the witnesses, on the 25th day of March, 1820, and before Richard Rush, American Min- ister to England, on 18th June, 1823. This was done pursuant to Chap. 119, Laws of New York, 1516. Recorded in the office of the Secretary of State, in Book of Deeds, No. 40, page 472, etc., on the 23d day of September, 1823.

"IX. Deed from Ernest Augustus, David Cathcart, and Masterton Ure to John Gordon, conveying joint interest in lands and appointing him co-trustee, dated 19th November, 1827. Acknowledged 27th and 30th May, 1834, by Ernest Augustus and David Catheart, before Lord Mayor of London, and by Uro before the Lord Provost and Chief Magistrate of Edinburgh, on the 27th day of June, 1834. Recorded in Steuben County Clerk's Office, in Book A, Miscellaneous Deeds, March 11. 1836.

"X. Proof of the death of Ernest Augustus on the 18th Novem- ber, 1851, and David Cathcart on the 26th of April, 1829. By exem- plified copy of commission and evidence, executed by Robert B. Campbell, United States Consul at London, on the 19th of May, 1860, with certificate of the Chief Judge of the Court of Appeals.

HISTORY OF STEUBEN COUNTY, NEW YORK.

This commission was executed pursuant to Chap. 161 of the Laws of New York, 1860, Session Laws of 1860, page 257.

"XI. Deed from Masterton Ure and John Gordon, dated Ist Jan- uary, 1851, conveying all the interest of Gordon in the estates to Craven, Oswald, and Esteourt as co-trustees with Ure. Recorded in Steuben County Clerk's Office, 12th November, 1853, Book of Deeds 69, at page 49, etc .; also, in Ontario County Clerk's Office, iu Liber 101, at page 148, etc., on the 26th day of November, 1852; also, in Monroe County Clerk's Office, in Liher 105, at page 407, on the 18th day of January, 1853.

" XII. Deed and release of trust from Masterton Ure to Craven, Alexander Oswald, and Edmund Bueknall Estcourt, dated 4th April, 1859, acknowledged before George M. Dallas, U. S. Minister at Lon- don, on the 5th day of April, 1859. Recorded in Livingston County Clerk's Othee, on the Sth day of August, 1839, in Liber 59 of Deeds, at page 278; also, in Steuben County Clerk's Office, Oct. 15, 1859, in Book SS of Deeds, at page 539, etc. ; also, in Monroe County Clerk's Office, on the 11th January, 1860, in Liber 155 of Deeds, at page 160.

" XIII. Proof of the death of Craven on the 25th day of August, 1866, by exemplified copy of commission and evidence, executed by F. H. Morse, consul of the United States in the city of London, Eng- land, on the 15th day of June, 1867, with certificate of Henry E. Davis, Chief Judge of the Court of Appeals, dated 15th July, 1867.

" This commission was executed pursnant to the laws of the State nf New York.

" XIV. Deed and release of trust from Alexander Oswald and Ed- mund Bucknell Esteourt to Henry C. Howard (commonly called Vis- count Andover), George C. K. Johnstone, Henry Chaplin, and James R. Farquharson, dated Nov. 12, 1867, and recorded in the Steuben County Clerk's Office, 2d day of May, 1870, at ten A.M., Book 128 of Deeds, at page 188, etc.

" XV. Power of attorney from Henry C. Howard (commonly called Visconnt Audover), George C. K. Johnstone, Henry Chaplin, and James R. Farquharson to Benjamin F. Young, dated April 11, 1868, and recorded in the Steuben County Clerk's Office, in Liber C of Miscellaneons Records, page 455, etc., on the 2d day of May, 1870."

CHAPTER X.

EARLY SETTLEMENT OF THE COUNTY.

Contemporary Settlements-Progress of Emigration Westward- Opening of the Genesee Country-First Settlements in Steuben County-Advent of Col. Charles Williamson-Road from Wil- liamsport to the Genesec River-Benjamin Patterson.

THE advance-guard of civilization-the woodsmen and pioneer farmers-had begun to move upon the wilderness of Western New York at the period when settlements were first made in this locality. Contemporary beginnings had been made in the forest and along the wild and fertile valleys of streams, hitherto navigated only by the gliding bark canoe of the Indian.

The first Indian trader at Onondaga was Ephraim Web- ster, in 1786; the first Indian trader at Painted Post was William Harris, in the same year. Webster found his way to Onondaga Lake from New England, and Harris to the junetion of the Conhoeton and Tioga Rivers, from Penn- sylvania. These were the forerunners of two advancing armies coming into Western New York from different di- reetions and by routes entirely separate.

A glance at the progress of emigration westward will show that the beginning of settlement in this region was contemporary with the general movement for the coloniza- tion of New York west of the Mohawk.

The State of New York, thrown upon her own resources,

in 1779 and 1780 enlisted two regiments for the protec- tion of her frontiers, to serve three years, unless sooner discharged. They were to be paid and clothed at the expense of the United States, but the State pledged to them a liberal bounty in land. To redeem this pledge, as soon as the Indian titles were extinguished, the surveyor- general was instructed to survey these bounty lands and prepare them for the location of warrants. The survey was completed in 1790. It embraced about two millions eight hundred thousand acres, in six-hundred-acre lots. The traet comprised all the territory within the present boundaries of Onondaga, Cayuga, Seneca, and Cortland Counties, and part of the counties of Oswego, Wayne, and Tompkins. A large distriet of country adjoining on the east was thus put in the way of being settled about the same period that sales and settlements commeneed west of the pre-emption line, though they did not progress as rapidly. Land-titles were in dispute, and emigrants chose to push on farther, where titles were indisputable. Speculation and fraud commeneed as soon as the patents were issued, and by the time that settlement commenced there were but few the titles to which were not contested. In addition to other questions of title, the officers' and soldiers' wives held in a large majority of cases the right of dower. Land-titles upon the whole Military Tract were not finally settled till 1800, when a committee appointed by the Legislature, one of whom was the late Gen. Vincent Matthews, accomplished the work.

In 1784, Hugh White and his family progressed beyond the settlements on the Mohawk, and founded what is now Whitestown. In the same year James Dean located upon a tract given him by the Indians near the present village of Rome. In 1787, Joseph Blackmer, who was afterwards a pioneer in Wheatland, Monroe Co., advanced and settled a short distance west of Judge Dean. In May, 1788, Asa Danforth, with his family, accompanied by Comfort Tyler, progressed far on beyond the bounds of civilization, locating in Onondaga Valley. There being then no road, they came by water, landing at the mouth of Onondaga Creek. The very earliest pioneers of all this region speak of " Major Danforth" and the comforts of his log tavern as compared with their camps in the wilderness. Another name has been introduced which should not be passed over with the mere mention. Comfort Tyler was conspicuously identified in all early years with the history of the western portion of this State. He was with Gen. James Clinton in the establishment of the boundary line between this State and Pennsylvania. IIe felled the first tree, assisted in the manufacture of the first salt, built the first piece of turn- pike, and constructed the first " stump mortar" in the On- ondaga region of country. Ile filled many important offices in Onondaga County, was one of the original projectors of the Cayuga bridge, a member of the Legislature in 1799, and the chief mover in the improvement of the Cayuga marshes. The Indians, who were his first neighbors, had great respect for him, and gave him the name of "To-whan- ta-gua," meaning one who could do two things at once, or be a gentleman and at the same time a laboring man. While a member of the Legislature, in 1799, he made the acquaintance of Aaron Burr. A charter having been pro-

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History of Steuben county, New York, with illustrations and biographical sketches of some of its prominent men and pioneers, Part 11

Author: Clayton, W. W. (W. Woodford) Publication date: 1879 Publisher: Philadelphia, Lewis, Peck & co. Number of Pages: 826

Author: Clayton, W. W. (W. Woodford)
Publication date: 1879
Publisher: Philadelphia, Lewis, Peck & co.
Number of Pages: 826