USA > New York > Yates County > History of Yates County, N.Y. : with illustrations and biographical sketches of some of the prominent men and pioneers > Part 9
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HISTORY OF YATES COUNTY.
became Yates County, and notice how, and when, and by what names they were organized.
In 1789, the same year in which Ontario County was erected, the in- habited portions of the county were formed into districts for jurisdic- tional purposes, that they might be properly governed, and that the freemen resident therein might avail themselves of their rights and priv- ileges as electors At that time the population of the towns that now comprise Yates County was exceedingly small, and it became neces- sary to group a number of them together, having them partake of the nature of a township, but not actually becoming such. They were made into a joint organized district and allowed to elect local officers, but there was wanting the distinct township character. The district of Jeru- salem was in this way created and comprised all that is now included in the towns of Jerusalem, Milo, Benton, and Torrey.
The district of Jerusalem remained undisturbed as to its territory until 1803, when, having acquired a considerable population, it became nec- essary to sub-divide the same and create a new jurisdiction. The result was that in February, 1803, all the land now in Benton, Milo, and Tor- rey was separated from Jerusalem and erected into a district by the name of " Vernon." But it appears that a year previous to this event a town named Vernon had been established in Oneida County, which necessitated a change in the name of the more recent creation. There- fore Vernon was changed to Snell, and so named in honor of Jacob Snell, who was then State senator from Montgomery County. This name stood until 1810, when on account of some dissatisfaction the name Snell was dropped and Benton adopted in its stead. The latter name was applied in compliment to the first settler in the town proper-Levi Benton. He commenced an improvement near the north end of what is now called Flat street and about a mile west of Benton Center. The town of Benton, as at present constituted, covers township number eight, range first, with the addition of the land lying between the old pre- emption line and Seneca Lake, excepting the territory set off into the town of Torrey, which, however, it originally included.
The town of Milo was separated from Benton March 6, 1818. Within its boundaries was included surveyed township number seven, range first, together with all the land lying east of the town and west of Seneca
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TOWNSHIPS ORGANIZED.
Lake. Its separation from the mother town of Benton is said to have been due to the efforts of Samuel Lawrence, one of the represent- atives of Ontario County in the State Assembly. Mr. Lawrence pio- posed the name of Milan for the new town, but as that had been already adopted for another district this was called Milo. Benton, Milo, and Barrington, of what is now Yates, and other towns as well were deeded by Phelps and Gorham to Caleb Benton in behalf of the lessee company ; and by Caleb Benton the same were conveyed to John Livingston, also one of the famous lessees. The first deed was dated January 16, 1789 ; the second April 27, 1789.
The present town of Jerusalem occupies survey number seven, second range, together with a considerable tract of headland commonly called Bluff Point. This was annexed to Yates County and to Jerusalem on February 25, 1814. Jerusalem proper was deeded by the proprietary to Benedict Robinson and Thomas Hathaway, who were shareholders in the association. The purchase price of the township, $4,320, or eighteen pence per acre, was very small for so valuable a town, but the fact that the grantees were among the associated owners of the Phelps and Gorham purchase sufficiently explains the matter. Moreover they were both devoted followers of The Friend, and secured the township for the purpose of establishing for their patron a permanent home.
The town of Italy formed originally a part of Middletown, the latter having been organized and so named in 1789, but afterward changed to Naples. Italy as now situated covers township number seven, range third. This was one of the towns not sold in parcel by Phelps and Gor- ham, but was by them sold with the entire tract to Robert Morris, and by the latter to the Pultney Association. Afterward the town was sub- divided. The town of Italy was set off and organized on the 15th of February, 1815.
Middlesex, lying next north of Italy, occupies the township surveyed as number eight, third range. It was included within the district formed in 1789 and called Augusta, but changed in 1808 to Middlesex. The survey of township eight, third range, included lands on the west side of Canandaigua Lake, but the part west of the lake never became a part of Yates County. This portion was originally conveyed by Thomas Maxwell to Arnold Potter, but there arose a question as to
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HISTORY OF YATES COUNTY.
the sufficiency of the title conveyed by Maxwell. Subsequently Oliver Phelps quit-claimed to Potter and thus confirmed Maxwell's title. In 1856 six lots in the southeast part of Middlesex were annexed to Potter township.
The present town of Potter, number eight, second range, was origi- nally a part of the Middlesex district, and was set off and organized April 26, 1832. It received its name from Arnold Potter, an original proprietor and the first settler in the town. Arnold Potter was the son of William Potter, one of the foremost men of the region in his time. He was originally a follower of The Friend and one of her faithful serv- ants. He, too, was one of the influential dissentients from The Friend's teachings, and whose separation from the society was a serious blow against its after prosperity. At one time William Potter, his son Ar- nold, and another son owned the entire town of Potter.
The town of Starkey lies between the old pre-emption line and Sen- eca Lake, but when the new line was surveyed about two-fifths of the territory was brought into the Phelps and Gorham purchase. The greater part if not all of the lands of Starkey were surveyed and granted by the State on military land warrants. The land, too, was claimed by the lessee company as belonging to them under their famous lease. Charles Williamson, agent of the Pultney Association, quieted in their possession many of the owners found on the pre-emption lands, for which he received compensation from the State, while others were themselves given other grants in other localities by the governor of New York. The original name of this town, Starkey, was Fredericks- town, so created March 18, 1796, as a part of Steuben County, but changed in 1808 to Wayne in honor of "Mad Anthony" Wayne. Still later the name was changed to Reading. While under this name, on April 6, 1824, that part of the town now called Starkey was an- nexed to Yates County.
Barrington, so named by its pioneers who came from the vicinity of Great Barrington, Mass., was surveyed as township number six, first range. When Steuben County was organized Barrington with several other townships, the lands of Starkey being among them, were organ- ized into a district called Frederickstown and so named in honor of Frederick Bartles, who built a mill at Mud Lake in 1793. The name
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TOWNSHIPS ORGANIZED,
was afterward changed to Wayne, and when Barrington was itself or- ganized in 1822 the present designation was given. Barrington was one of the towns that came from Phelps and Gorham to the lessees by deed in satisfaction of their interest in the association, or as a reward for their influence and assistance in negotiating a treaty with the In- dians. The town was surveyed into lots and " drawn for " by inter- ested parties. A portion of the town went in some manner to Charles Williamson of the Pultney Association, while another and smaller part fell to the Hornby estate.
Torrey is the junior of the towns that comprise Yates County. Its lands were situate on both the east and west sides of the old and new pre-emption lines ; also it comprises parts of townships number seven and eight, range first, and part of the State lands. Directly the town was taken from Benton and Milo, November 14, 1851. Within what is now Torrey was the first home of The Friend in the new Jerusalem ; and here, too, were built the first mills and meeting-house and sowed the first wheat in all the Genesee country. Moreover the settlement made here by the Society of Universal Friends was the first pioneer movement in New York State west of Seneca Lake.
From the foregoing narrative the reader will discover the fact that nearly all the towns which comprise Yates County had an organized existence of some kind for many years before the county itself was erected. Therefore it is proper that some mention should be made of them as parts of older counties before writing of them as sub-divisions of Yates County. The county was brought into existence by an act of the legislature of the State of New York passed the 5th of February, 1823. Why and how this organization was brought about will be ap- propriate subjects for consideration in the succeeding chapter.
Although in no manner a part of the present chapter, and in no wise connected therewith, it nevertheless becomes necessary in this place to make some allusion to a series of events having their occurrence during and about the period intended to be covered by the present chapter. For a year preceding the War of 1812-15, during that period and even afterward for some time, the towns that were erected into Yates County were making the most rapid growth and progress in the clear- ing of farms and erecting buildings. The settlement by incoming fam-
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HISTORY OF YATES COUNTY.
ilies was something remarkable, and peace and prosperity everywhere prevailed. The settlement by the Friends had attained its greatest numerical strength; the stronghold in Jerusalem had become well pop- ulated, while the goodly number of the society who still dwelt over in Milo and the region round about were fast developing the resources of their locality.
At that time Yates County had not been organized, nor was its erec- tion then even contemplated, and whatever of history the people of the locality were making by their lives and deeds was a part of the his- tory of the old county of Ontario. But then the formation of Yates County, although that consummation was not reached until 1823, nec- essarily transferred a wealth of history from old Ontario to the new Yates, and the early record, to be properly preserved, must be incorpo- rated in the volume designed to refer to the region most recently organ- ized, and that notwithstanding the fact that the organization was of later occurrence than the leading events.
The second war with England had its actual outbreak in 1812 and was closed during the year 1815. However before the formal decla- ration the political situation was such that hostilities might have com - menced at any time during the period of three or four years immediately preceding the first conflict at arms, but both countries were then busily engaged in making preparations for the impending and inevitable strug - gle. During those years, too, the condition of affairs was closely watched by the people living in the southern part of Ontario County, those occupying the particular region of country lying between Canandaigua and Seneca Lakes. But their watchfulness was not of the character that is born of warlike ambition, but was rather the interest that comes from deep concern. It so happened that a fair proportion of the inhab- itants of this locality were then or had been members of the Society of Universal Friends, and one of the tenets of that society was opposition to all warfare, whether between countries, societies, sects, or individ- uals. This principle was not born of fear, but of love, which they taught and held should exist among the members of the human family.
While such was the governing characteristic of the Friends there was another element of local population whose belief inclined them to advocate American independence as paramount to all other considera-
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EVENTS PRECEDING THE WAR OF 1812.
tions. They were guided and actuated by the patriotic sentiment, " country first, the citizen afterward." This element of people com- prised the contingent of men furnished by the towns that afterward be- came Yates County, during the War of 1812-15, but unfortunately there exists no record showing who they were or from what towns they came. Nor has there been preserved any record from which we may learn of the service they performed or of the battles in which they par- ticipated. Therefore the reader must be content with but the briefest allusion to the events of the period, and that in a general way, without reference to local interests, for there were no struggles or conflicts within the region that afterward was erected into the county of Yates. During the five years next preceding 1812 the whole country was in a state of nominal peace, but throughout this period there was gathering that dark cloud which was destined to involve the nation in another foreign war.
The events which led to the second war with Great Britain were numerous. The United States had scrupulously observed the provis- ions of the peace treaty made at the close of the Revolution ; had main- tained, too, a strict neutrality during the progress of the Napoleonic war with the British kingdom, when perhaps every consideration of gratitude should have induced a participation in it against the mother country. For several years the aggressive acts of the British had been the subject of anxiety and regret, and feelings of animosity increased on this side of the Atlantic. The embargo laid by Congress was found so injurious to commercial interests that it was repealed and the non-inter- course act passed in its stead. In April, 1809, the English ambassa- dor in Washington opened negotiations for the adjustment of difficulties, and consented to a withdrawal of the obnoxious " orders in council," so far as they affected the United States, on condition that the non-inter- course act be repealed. This was agreed to and the President issued a proclamation announcing that on the 10th of June trade with Great Britain might be resumed ; but the English government refused to rat- ify the agreement and recalled their minister, whereupon the President revoked his proclamation and the non-intercourse act again became operative.
War was formally declared on the 19th of June, 1812, but the measure
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HISTORY OF YATES COUNTY.
was not invariably sustained throughout the Middle States. The op- posing element was embraced in the Federal party, its chief ground of opposition being that the country was not prepared for war. The Federalists constituted a large and influential minority of the political element of Congress and had a considerable following in the sev- eral States not active in politics. They asked for further negotia- tions and not the denunciations of the ruling party (that is, the Demo- cratic and Republican, for it went by both names) upon the English government with savage and bitter attacks upon Napoleon, whom they accused the leading party with favoring.
What may have been the feeling in this locality during the period of which we write would be indeed difficult to determine, but from all that can be learned it appears that the great mass of the people were heartily interested in the American cause, and were therefore identified with the Democratic and Republican parties' welfare, both at the polls and in the measures then being discussed for the conduct of the coming war. Opposed to them was the Federal party, which, though strong in influence and wealth, was numerically weak. They were wont to call their opponents "Screaming War Hawks " and took to themselves the dignified name " Peace party." The Friends occupied a neutral ground, not that they had no interest in occurring events or in possible results, but they were checked by a conscientious opposition to warfare in any cause. They were Federalistic in action without themselves being Fed- eralists, but they were nobly and truly patriotic and loyal in their Americanism, but never demonstrative or frankly outspoken in the ex- pression of their convictions. In their quiet and unassuming manner they lent substantial aid to the cause of freedom.
The old inhabitants of this region, the Seneca Indians, following the advice of their renowned sachem, Red Jacket, at first declared for neu- trality, but when the British invaded their reservation lands that action was a signal for warlike operations and they became united with Amer- ican soldiers. The militiamen from Ontario County, therefore from Y'ates, were under the command of Gen. Amos Hall, who at one time commanded the American troops on the Lake Ontario frontier.
But it does not become this narrative to dwell at length upon the scenes and events, as they have but a remote bearing upon the subject
YATES COUNTY ORGANIZED. 105
of which this work purports to treat. The results of the war are written in the conflicts on Lake Erie, the repulse of the British on the Delaware, the invasion of New York, and the attempt to control the Hudson River and Lake Champlain. The battles at Black Rock and Lundy's Lane, the capture of Niagara and Oswego, the burning of Newark, the battle at Plattsburgh, together with naval engagements in American waters were the chief events of the war, and were followed by the withdrawal or sur- render of the British forces and the final treaty of peace, which was ratified February 17, 1815. The Americans had fought their last battle with a foreign foe.
CHAPTER IX.
Organization of Yates County -The Acts of the Legislature regarding It- Glimpses at the inside History - Naming the County - Governor Yates its Godfather -[The first Court-House and Gaol destroyed by Fire - The new Court-House - The second Jail Burned - The present Jail - The Clerk's and Surrogate's Offices - The County Farm and Property - The civil List - Federal Officers - State Officers - County Officers - County Societies and Organizations.
Y ATES COUNTY was brought into existence by virtue of an act of the legislature of New York passed and adopted on February 5, 1823. The organization of a new county out of the territory of old Ontario became necessary from the fact that the population and in- terests of its southern towns had by this time assumed large proportions, and the convenience of the people residing in them demanded a sub- division of the mother shire and the erection of a new body politic. This was the ostensible and apparent purpose of the persons most in- terested in the proposed new formation, and was the chief argument used by the promoters of the scheme,-the convenience of the people,- but underneath the surface lay the desire to gratify political ambition in the breasts of certain individuals. But whatever may have been 'the motive which actuated the movement it cannot be the province of this work to criticise or commend the action of the persons engaged in it. It was a fair proposition and one that could be productive of none but
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HISTORY OF YATES COUNTY.
good results. The convenience of the majority of the people was a suf- ficient cause for building up a new county in the State, and had the prime movers in the enterprise been governed by other than pure sin- gleness of purpose the public at large never realized any but substan- tial and beneficial results in the final consummation.
The enacting clause of the act above referred to reads in part as fol- lows: "All that part of the county of Ontario comprising the territory hereinafter mentioned, viz. : the towns of Benton, Milo, Middlesex, Italy, and Jerusalem, in Ontario County, shall, from and after the passing of this act, be a separate and distinct county by the name of YATES. And the freeholders and other inhabitants of the said county of Yates shall have and enjoy all and every the same rights, powers, and privileges as the freeholders and inhabitants of any of the counties of this State are by law entitled to and enjoy."
Thus was the county erected, but not according to its present area and extent. By an act of the legislature passed the 6th day of April, 1824, supplementary to the original act, an addition was made to the county's territory, as follows: From and after January 1, 1826, all that part of the county of Steuben, including Barrington, and all that part of Reading lying north of the north line of lot No. 15, between the old and new pre-emption lines, and north of an east and west line between the lots numbers seven and eight from the new pre-emption line and the Seneca Lake, shall be annexed to the county of Yates. The second section of the same act also provided that all that part of the town of Reading within the limits aforesaid shall be a separate town by the name of Starkey ; and the first town meeting shall be held at the house occupied by Stephen Reeder.
At the time of the passage of the original act creating this county Aaron Remer was one of the members of Assembly from Ontario, the mother county, and as such was of great use and value in bringing the county into existence. The news that the bill had passed was no sooner brought to the ears of the people of Penn Yan and its locality than a committee of strong and leading men at once waited upon the execu - tive at Albany to urge his approval of the measure. This committee comprised Aaron Remer, Morris F. Sheppard, Joel Dorman, Willian M. Oliver, William Cornwell, and others. They repaired at once to the
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YATES COUNTY AFTER BEING ERECTED.
capitol, paid their respects to Governor Yates, and addressed him to the effect that " they had called to have him own and acknowledge his new born child," one of the committee then handing him a copy of the bill. "Oh yes, gentlemen," responded the governor, "the executive will with pleasure immediately christen and proclaim his own darling off- spring." Then, taking his pen, the governor wrote in a bolder hand than usual these words : "Approved-Joseph C. Yates." This being done the bill was handed back to the visitors with the remark : " There, it is now a law."
The county being duly erected the first step to follow was its full and complete organization, the erection of county buildings at the designated shire town, and the organization of courts and various other branches of local government. The act of 1823 also provided "that John Sutton, of Tompkins County, George H. Feeter, of Herkimer County, and Joseph B. Walton, of Otsego County, shall be commissioners for the purpose of examining and impartially determining the proper site or sites for a court-house and gaol."
It was further provided that " there shall be held a Court of Common Pleas and a Court of General Sessions of the Peace, to be held in three terms, to commence as follows: Ist Tuesday in June, Ist Tuesday in October, and the 2d Tuesday in January." Further it was provided that the first term of court should be held in the house of Asa Cole, in Benton, but still in the village of Penn Yan, and afterward and until the court-house should be completed at such place as the judge of the Common Pleas should designate. Until the " gaol be completed " it was directed by the act that prisoners should be confined in the gaol of On tario County. Also the Board of Supervisors was directed to meet at the house of Miles Benham, in Milo, to raise money for building a court- house and gaol ; the sum of $2,500 to be raised the first year and a like amount the year following. The worthy commissioners who had been designated to act in the matter of locating the county seat found them- selves beset on all sides with aspiring applicants. Penn Yan in Milo of course held the advantage, being the most available and central town of the county, but notwithstanding that the people residing in and near Dresden put forth a claim and re-inforced it with strong argument. Jerusalem also sought the prize, and had her representatives been suc-
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HISTORY OF YATES COUNTY.
cessful what is now Kinney's Corners might have been the seat of jus- tice of Yates County. The claims of Dresden were mainly based upon its proximity to Seneca Lake, the waters of which were then a princi- pal thoroughfare of travel between north and south points. Moreover Dresden lay quite near the ancient site on which first settled the pio- neer Friends, and theirs was almost historic ground. Jerusalem became the final home of The Friend, many of her substantial followers being then residents there, and within the borders of the town was as suitable a location as could be desired, and one which would be central and easily accessible to the people of the whole county.
But in the little village of Penn Yan there dwelt men of worth and large influence; men who had been chiefly instrumental in bringing about the county erection and whose judgment in the matter was not to be disregarded. Furthermore Abraham Wagener, with his charac- teristic generosity and public spiritedness, stepped forward with a do- nation of a large lot of land and upon which the county buildings should be erected. This tract comprised, according to the deed on record, two acres of land. Penn Yan also was then the most metropoli- tan village in the county, and with the great influence brought to bear in its favor it could not be otherwise than that the county buildings should be erected there. Wherefore, after patiently hearing all the arguments of interested parties, and after the customary mature delib- eration (as a matter of form perhaps), the commissioners designated the village of Penn Yan, in the town of Milo, as the seat of justice of Yates County. This important question being satisfactorily settled it only re- mained for the supervisors to proceed with the construction of the court- house, jail, and county building. The act had already provided for the raising by tax levy of $5,000, and had also provided that William Shat- tuck, of Benton, and George Shearman and Samuel Stewart, of Milo, should be appointed " commissioners to superintend the erection of the court-house and gaol at the place the commissioners first appointed shall designate, provided that suitable lot or lots therefor be conveyed to the supervisors of Yates County and their successors forever." It was this last proviso that Abraham Wagener satisfied when he deeded the two acre tract to the county.
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