USA > New York > Schenectady County > History of the County of Schenectady, N. Y., from 1662 to 1886... > Part 4
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And to confirm the above conveyance, the fourth and last patent was granted by Governor Hunter on the 14th November, 1714.
When New York at the close of the Revolution ceased to be a province of the British empire, many laws and legal customs of the mother country be- came obsolete, among which was the law of primo- geniture. Up to this time Ryer Schermerhorn and his friends, acting under said law, had claimed that the common lands belonged of right to the eldest sons and heirs of the first settlers, or to their assigns, only from twenty-five to thirty of whom were then living in the township. But with the change of the laws, the number of the claim- ants to the common lands was greatly increased. In 1797 there were nearly 500 families in the town- ship, descendants from the first settlers, who claimed in right of law that these lands belonged to them or their assigns and not to those inter- lopers, who had become citizens long subsequent to their forefathers.
And, as a recognition of rights, they claimed that these lands should be leased to them on durable leases, and at a nominal rent of from 50 cents to $7.50 per 100 acres.
These claims and demands of the " descendants" exasperated the other and later settlers, and led to protests and petitions, to the appointment of com- mittees of conference, to consultations with legal authorities and to various reports and plans of compromise.
One of the most elaborate and well-digested plans for the management of the common lands was that of 1793, offered by a committee ap- pointed at a town meeting, held October 1, 1792, a "respectable number of the inhabitants being present."
This committee consisted of John Van Petten, John Glen, Andrew Van Patten, John Sanders, Albert A. Vedder and Abraham Oothout, and made their report January 28, 1793.
Their recommendations were never carried into effect. In 1795 the old Board of Trustees, ap- pointed under Arent Bratt's will, had been in power thirty years, many had passed away, the others had become aged, and it seemed proper and desirable that new blood should be infused into this body; therefore, on the 13th January, 1795, the following persons then seized in fee of the com- mon lands, "as surviving trustees of the town in virtue of the Patent, 1714, and certain mesne conveyances and devises," to wit: Abraham Fonda, Harmanus Bratt, Isaac Vrooman, Nicholas Van Petten, Nicholaas Van der Volgen, Jacobus Myn- dertse, Samuel Bradt and Abraham Wemple, asso- ciated with themselves, as trustees, Nicholaas Vee- der, Gerret S. Veeder, Jr., Abraham Oothout, John Sanders and John Glen, by conveying said Patent to Michael Tyms, who reconveyed the same to the above named persons as trustees. And, on the 15th day of March, 1796, certain of the above said trustees by reason of age resigned their trust, and a new board was appointed in their room; to accomplish which the trustees then in power con- veyed the Patent to Joseph Mynderse, and he re- conveyed the same to Abraham Wemple, Nicholaas Veeder, Gerrit S. Veeder, Jr., John Glen, John Sanders, Abraham Oothout, Abraham Swits, An- dries Van Petton, Jellis J. Fonda, Rykert Scher- merhorn and Adam S. Vrooman as new trustees, who executed a bond in the penal sum of £5,000 to the retiring trustees for the faithful performance of the duties of their office. These last mentioned trustees held and managed the common lands until 1798, when their powers ceased, being merged by
9
INTRODUCTION.
the first charter of the city of Schenectady in the mayor, aldermen and commonalty.
In furtherance of a compromise or settlement of the disputes in relation to the public lands, the in- habitants appointed a committee in 1795 to take legal counsel on the subject. This committee consisted of Andries Van Petten, Jelles Fonda and Maus Schermerhorn.
In accordance with the opinion obtained by the committee, the Board of Trustees recommended to the committee of the inhabitants to obtain a "proper power from said Inhabitants to transact the business of the town in a more perfect man- ner," which being done, the trustees appointed out of their number Abraham Swits, Jellis J. Fonda, Andries Van Petten, Adam S. Vrooman, Rykert Schermerhorn and Maus Schermerhorn, to act in connection with the committee of the inhabitants in "bringing the business of the common lands to a speedy settlement." And on the 10th of August (1795) this committee reported to the trustees that "there was a great prospect of a reconciliation of all disputes subsisting between the Inhabitants and Trustees," and asking for further time.
The acts and minutes of the Board of Trustees, from time to time, show quite clearly that they considered the common lands to belong to the descendants of those who were inhabitants of the township in 1684, the date of the Dongan Patent, or at least in 1714, the date of the confirmation of the same.
The other inhabitants were incensed that they had no voice in the disposal of these lands, and, on the 10th April, 1797, sent a petition to the Trustees that a committee from their number might be heard on this subject. This was signed by " Jno. Bpt. Wendell, Jacob Beekman, Joseph Shurtliff, Jno. Bpt. Van Eps, David Tomlinson, Jno. B. Vrooman, Alexander Kelly, Thomas V. Horn, Charles Martin."
On the other hand, on the 24th of the same month, a committee of the "Descendants " made and published the following reports :
The committee of the Descendents or legal Representatives of the Persons who were inhabi- tants of the Township of Schenectady in the year 1684, being the time when the Patent of said township was granted, or the year 1714, when the above Patent was confirmed:
Report that they have examined the state of the Business belonging to the Trustees of Schenectady Patent, and find that they have sold 8,097 Acres of land, being part of said Patent, engaged 941+ acres of land to different persons, and 600 acres of land applied for; that it appears, from the accounts ren- dered, that there is the sum of {10, 593 for Union
College, Market House and other requisites ex- pended, and a balance, consisting of obligations to the amount of {4,680-6-5, remaining in their hands. The Committee report that in their opin- ion five trustees, who shall have arrived at the age of twenty-five years, from among the descendants, should be elected annually by the male descend- ants, who are arrived at the age of twenty-one years, on the second Tuesday of June of every year, whose duty it shall be to render an account yearly and every year of their proceedings to their successors in office, or to any of the descendants who shall wish to have access and examine the same; and to have the deposit, care, trust and management of the Patent, lands, Books, Papers, Monies, Accounts, and other things belonging to the Trustees; and that the Trustees, when elected, or before they enter on the execution of their office, shall severally take and subscribe an oath before some justice of the peace, in the town of Sche- nectady, that they will well and faithfully perform the trust reposed in them. * *
* The com- mittee state that there are nearly five hundred of the descendants' families residing on said patent, and, from a calculation, about forty thousand acres of land unappropriated.
Therefore, Resolved, as the sense of the Com- mittee * *
* that it be recommended to the Trustees to lease the lands * * for a dur- * able term to the descendants, or their legal Repre- sentatives, for a sum not exceeding three pounds, nor less than fifty cents, annually per hundred acres, regarding to every descendant's family, or legal Representative, a proportion agreeable to equity, quality and local circumstances.
Given under our hands the twenty-fourth day of April, 1797.
JOHN YATES, PETER MABEE, LAWRENCE SCHERMERHORN, ABRAHAM DE GRAFF, HENRY A. TELLER, JELLES A. FONDA.
On the 9th September, 1797, the Board of Trustees appointed a committee to consult Abra- ham Van Vechten, Peter Yates and Joseph C. Yates in relation to a plan of "settlement with the inhabitants concerning the Common lands."
Finally, on March 26, 1798, an act was passed by the Legislature, with the assent and desire, not only of the other inhabitants of the township of Schenectady, but also of the surviving trustees, by which all their powers and duties in relation to the common lands were conferred upon the Mayor, Aldermen and Commonalty of Schenectady. And to adjust all claims against said trustees, the Legis- lature passed an act the same day appointing a commission, consisting of Zephaniah Platt, Peter Cantine and Derick Lane, who finally determined said claims, and closed their accounts on the 10th August, 1798.
10
HISTORY OF THE COUNTY OF SCHENECTADY.
Even after this final transfer of the common lands to the corporation, there was a party who doubted its legality, contending for the resump- tion and management of them by the old trustees, then surviving.
Others, while reluctantly acquiescing in the transfer of these lands to the city authorities, ob- jected to their being sold off as fast as the inhab-
itants demanded, and contended they should be held for the purpose of supplying the citizens with fuel and timber. Finally, in 1810 (?), the elec- tion of aldermen turned on this question; the whole city, then bounded by the ancient limits of the patent, was canvassed by active partisans of both parties, and after a close and heated contest it was decided that the common lands should be sold.
"Blauwlands of
Schenectadial
7664.
Sander's Lake
Drawn for Maj Max Murray
Glen
Grave
koek
1
3
ThePlot
4
5
6.
Island
0
9
Van Curler
1
Erie Canal
3
4
DIVISION OF LANDS.
HOW THE LANDS PURCHASED BY VAN CURLER FROM THE MOHAWKS IN 1661 WERE DIVIDED AMONG THE FIRST PROPRIETORS.
Four different allotments were made to each of the first settlers: First, a house lot in the village; second, a farm on the Great Flat, or islands; third, a pasture ground east of the village; and fourth, a garden lot in the low land (laeghte), west of Mill Creek and near the Binne kil.
FIRST. House Lots .- The village plat, originally embracing mainly the land lying west of Ferry street, was divided into four blocks, or squares, which were again subdivided into ample house lots. For protection, this plat was early surrounded by stockades. As the population outgrew these nar-
row limits, house lots were assigned on the "Al- bany path " (now State street), so that, before 1690, it was sparsely built up as far east as Lange gang (Center street), and until about 1700 only the north side was occupied by houses. Front, Green and Union streets, east of Ferry street, used for cow paths to the pastures and woodlands, were not then built upon. The little church and graveyard stood at the junction of State, Church and Water streets, and the Dominie's house upon the site of the present church. Many of the original village lots were about 200 feet square-four to a block or square, but were early subdivided to meet the de- mands for residences within the stockades.
SECOND. The Bouwland .- The great tract of flat or bottom land, bounded northerly by the river and State street, southerly by the sand bluff, easterly
00
10 0
Van Slyck's
KeujfbeffenElundt
2
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DIVISION OF LANDS.
by Center street extended south, and westerly by the hills west of the first lock on the canal, em- bracing several hundred acres of arable land, was anciently called the Groote Vlachte.
It was mainly cleared land when the white man first occupied it in 1662, and had been the Mo- hawks' maize land perhaps for centuries. This and other parcels of like soil along the Mohawk formed the main inducement for the Hollanders to settle here; in them they recognized the Polders of fatherland. The bouwland was originally divided into twenty-three separate parcels and assigned to fifteen individuals, no one, with one exception, holding more than fifty acres.
The farm nearest the village, embracing twenty- four acres, was Van Velsen's, bounded by State street, Coehorn and Mill Creeks, as far west as or near to Church street. This, together with the water privilege, was granted in consideration of his building a grist-mill on Mill lane.
The second parcel, consisting of about forty acres of bottom land, anciently called " Gerrit Symonse's meadow," commenced at or near the Coehorn kil, at the south bounds of Van Velsen's land, and extended southerly to and including "Veeder's Mills." This parcel has been preserved nearly entire, and is mostly in the ownership and occupation of the Veeder family at the present time.
The third, the largest and most valuable farm, embracing 114 acres, was Arent Van Curler's, called the first piece of land, and after his death, Juffrouw's landt. This was bounded northerly by the Binne kil, easterly by Van Velsen's farm (ex- cepting a few gardens on the south side of Water street), southerly by "Gerrit Symonse's meadow" and by the sand bluff or hills as far as the Schermerhorn Mills, and westerly by farms Nos. I and 4, owned by Arent Bradt and Pieter Van Woggelum. The New York Central Railroad runs through the southern end of this valuable tract, and the canal nearly through the middle of it.
The fourth large parcel of the bouwland, called the second or foremost piece of land, to distinguish it from Van Curler's, which was called the first piece, lay next west. The east line of this tract ran along the west fence of the Schenectady car works yard, and so northerly to and around the east side of lot No. 1, belonging to Arent Bratt, following the small brook emptying into the Binne kil, a little east of the farm buildings of the late John Myers. The western line of this parcel was the Poenties kil and lot No. 10, belonging so. Tunis Cornelise
Swart. This second piece was divided into ten farms, including De Winter's or Elias's Plantasie, by northeast and southwest lines from the river to the sand bluff, and by easterly and westerly lines nearly coinciding with the river road and canal.
The fifth parcel of bouwlands, called the hinder- most piece of land, commenced at the Poenties Kil and extended west to the hills near the first lock, and was divided into ten farms by northeasterly and southwesterly lines from the river to the hills, and by easterly and westerly lines nearly coinciding with the canal and river road.
The second and hindmost great lots of the bouw- lands, including Elias's Plantasie, were subdivided each into ten parcels of about twenty-five acres, numbered from 1 to 10, beginning at the eastern and western extremities of these two parcels, and proceeding toward the Poenties Kil, on the west side of which lay the two farms numbered ten, united into one. So that persons to whom were alloted numbers 1, 2, 3, &c., of the second near the village, drew also numbers 1, 2, 3, &c., of the hindmost parcel at the western extremity of the bouwland, and only one person had all of his land in one place, to wit, Teunis Cornelise Swart, the fortunate holder of the double farm numbered ten. This ingenious plan of allotment was contrived to prevent any one person obtaining an undue advan- tage over his associates by selecting all his land near the village.
Two other parcels of arable land, separated from the Great Flat by the river, were also assigned at an early day, viz., Marten's or Van Slyck's island, com- prising 82 acres, patented to Jaques Cornelise Van Slyck and Jan Barentse Wemp; and the flat lying west and south of the lake in Scotia, granted to Sander Leendertse Glen, estimated at 50 acres.
Finally, on the eastern side of the village, be- tween Front street and the river, was a strip of land called the Catver Wey, which was allotted to the first settlers in parcels of 2} morgens, the easternmost lot being that of Jellis Fonda. Ad- joining Fonda's lot easterly was Hans Janse Eenkluy's bouwery of 18 morgens, which, on his death, became the property of the Dutch Church-a legacy for the benefit of the poor of Schenectady
All lands lying outside of the palisades easterly of Ferry street, save the house lots on the north side of State street as far as Center street, were originally allotted to individuals in parcels of a few acres as- woodland or pasture ground.
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12
HISTORY OF THE COUNTY OF SCHENECTADY.
ORIGINAL OWNERS OF THE TWENTY FARMS INTO WHICH THAT PORTION OF THE GREAT FLAT LYING WEST- ERLY OF ARENT VAN CURLER'S BOUWERY WAS DIVIDED.
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FARMS NO. I.
Both farms numbered one were patented to Catelyn De Vos, widow of Arent Bratt, the Norman, June 2, 1682.
15 Aug., 1705. Former deeds being lost in 1690, Ryer Schermerhorn, only surviving trustee, gave a new deed to Arent Bratt, grandson and heir of Arent Andriese Bratt, for the first lot thirty- six acres and aftermost lot thirty acres.
27 Aug., 1713, Ryer Schermerhorn and Dirk Bratt conveyed to Samuel Bratt the hinder most farm No. I, containing fifteen morgens and 467 rods.
FARMS NO. 2.
Were first owned by Philip Hendrickse Brouwer. April 29, 1664, his administrators sold them to Cornelis Van Ness for Jan Dirkse Van Eps, son of Maritie Damen, his wife, for the sum of 1, 287 guilders.
Feb. 4, 1714. Johannes Baptist Van Eps, eldest son and heir of Jan Dirkse Van Eps, deceased, conveyed to Arent Bratt the hindmost farm, No. 2, comprising twelve morgens.
FARMS NO. 3.
Were first granted to Sander Leendertse Glen, by Patent of date June 16, 1664.
Johannes Glen, by will, devised the remainder of hindmost farm, 26th September, 1706, to his younger brother Sander, comprising about twenty acres.
On the 4th June, 1711, Claas Van Patten con- veyed to his son, Andries, the foremost lot.
Feb. 24, and Aug. 11, 1714. To rectify a dis- puted line, R. Schermerhorn and Andries Van Pet- ten make a final settlement.
FARMS NO. 4.
Were granted to Pieter Adrianse Soegemakelyk, alias Van Woggelum, June 5, 1667, the first con- taining fourteen morgens, and the second twelve morgens.
Ap. 6, 1681, Van Woggelum reconveyed the same to Reyer Schermerhorn, who had married Otten's widow.
June 29, 1667, Governor Nicolls confirmed to Willem Teller the two farms, No. 5, which were first patented to him by Governor Stuyvesant, June 16, 1664.
Ap. 9, 1752, Willem Teller, son of Johannes, devised the foremost farm on the Poenties Kil to his son Willem, and the second or hindmost farm to his eldest son Johannes.
Gerrit Bancker, of Albany, received the patent for these farms No. 6, June 16, 1664, which patent was confirmed Ap. 27, 1667, by Governor Nicolls.
Although granted to Gerrit Bancker, Harman Albertse Vedder had a half interest in these farms from the beginning.
Evert, son and heir of Gerrit Bancker, sold the foremost lot to Isaac Swits, July 7, 1702, for £183 12S .;- it contained 22 acres.
Isaac Swits made his will Ap. 1, 1701,-proved Oct. 4, 1707, -and devised a portion of the first farm to his eldest son Cornelis.
The hindmost farm belonging to Harmen Vedder; he conveyed the southeasterly half to his son Albert, Mar. 12, 170g, for the sum of £91 16s. This moiety then contained ten acres.
Pieter Jacobse Bosboom de Steenbakker received a patent of farms No. 7, June 16, 1664, -confirmed May 9, 1668.
In 1702 the foremost lot belonged to Gysbert Gerritse Van Brakel.
Marten Cornelise Van Isselsteyn received a patent for farms No. 8, June 16, 1664, -confirmed by Governor Nicolls, April 13, 1668.
FARMS NO. 9.
Were first conveyed to Simon Volckertse Veeder, de bakker, by patent of date June 16th, 1664,- confirmed Jan. 15, 1667, by patent from Governor Nicolls.
Veeder made his will Jan. 8, 1699, bequeathing the hindmost farm to his son Volckert.
Volckert Veeder made his will Aug. 4, 1733, and left the hindmost lot to his four sons.
The double bouwery No. 10, was first patented to Teunis Cornelise Swart, June 16, 1664, and con- firmed Jan. 16, 1667.
26th April, 1692. Wouter Uythoff_(third husband of Elizabeth), Swart, widow of Teunis, and said Elizabeth his wife, for 540 beavers con- veyed the whole bouwery No. 10, to Claas Lau- rense Van Purmerend (alias Van der Volgen).
The land in the immediate vicinity of the village, -the Great Flat and island, -were all taken up in 1662 by the fifteen first proprietors. Other per- sons followed the next and succeeding years, and finding no lands unoccupied, either bought up the rights of the earlier owners or pushed further into the wilderness, on both sides of the Mohawk river.
The south side was considered the safest from Indian attacks, and for that reason the Governor and Council at first discouraged settlements on the north side; this was but a temporary check, how- ever. Before the year 1700 all the arable land on both sides of the river to and even beyond the western bounds of the town was taken up and sparsely settled.
These lands had a rich alluvial soil, formed by the annual overflow of the river, and were mainly found in the bends and eddys; excepting the Great Flat they were generally small, comprising but a few acres.
FLATS OR PLAINS ON THE SOUTH SIDE OF THE RIVER- POVERSEN.
Going west this is the first arable land lying on the south side of the river above the Great Flat. It commenced at the road running west from the first lock and extended up the river to the " stone kil," a dry creek next above the second lock. It was first purchased from the natives by Benjamin Roberts, who sold the same to Hendrick Lam- bertse Bont. The latter sold the easterly portion to Barent Janse Van Ditmars and the westerly por- tion to Douwe Aukes, who conveyed the same to
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13
DIVISION OF LANDS.
~his [adopted] son Cornelis Viele. In 1713 Vielè was then residing on this land between the two locks.
FIRST FLAT.
This flat or plain. consisting of about 80 acres of lowlands, is described in Jacques Cornelise Van Slyck's patent, granted in 1684, as "situated be- tween two creeks, one called Stone creek, to the eastward, the other ' Platte creek,' to the westward, come to him in right of his mother, who was a Mohawk woman."
It has remained in the family to this day, passing from father to son by inheritance.
The eastern part of this flat, called " Hazlenut flat," was owned by Manasseh Sixbury, in 1709 ; he then made his will, leaving his property to his four children.
SECOND FIAT.
This farm, beginning at a little above " Reghel brugse kil," was first taken up by Jacobus Peek and Isaac Du Trieux, about 1670, and patented to them in 1677.
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Johannes and Jacobus, sons of Jacobus Peek, became the owners of the whole tract. It is now owned by John McCue on the west end, Abraham A. Bratt on the east end.
THIRD FLAT.
This flat lies about eight miles above Schenecta- dy, and consisted anciently of about 127 acres of lowland ; in 1864 it was computed at thirty mor- gens, or say sixty-three acres, and was then occu- pied-the upper or westerly part by Simon and Nicholas Mebie and Abraham N. Bratt, the lower or eastern portion by the Bratts.
It was taken up by Daniel Janse Van Antwerpen in 1670, and patented to him in 1680.
In 1706 he sold to Jan Pieterse Mebie the west half of the same, consisting of sixty-three acres and seventy-nine rods. The old Van Antwerp house was standing to the west of the Mebie house until a few years ago.
FOURTH FLAT.
The Fourth Flat, lying next west of the third, was granted in 1715, by the trustees of Schenec- tady, to Pieter Vrooman, who, in 1742, conveyed the same, or at least the western portion of it, to Jan Wemple and Arent Bratt. Johannes Veeder married a daughter of Pieter Vrooman, and inher- ited the eastern portion, now in possession of Myn- dert, grandson of said Johannes Veeder.
Jan Wemple's land extended to the Zandig kil.
DE WILLEGEN, OR WILLOW FIAT.
This flat commenced at Stone creek, below Port Jackson, and ran down the river thirty-four rods [4, 188 feet], and contained thirty-three morgens, or sixty-six acres, 390 rods-also 200 acres of wood- land.
It was first granted to Pieter Van Olinda and Claas Willemse Van Coppernol ; Van Olinda hold- ing the eastern half and Van Coppernol the west- ern half, which he conveyed to Philip Phillipse in 1689 in exchange for the Sixth Flat, on the north side of the river.
FLATS OR PLAINS ON THE NORTH SIDE OF THE RIVER CLAAS GRAVEN'S HOEK.
The first land settled upon west of Scotia was the Hoek. This farm was taken up by Claas Andriese De Graaf, the first settler. After his death, which took place before 1697, his widow, Elizabeth Brou- wer, leased it to Jonathan Stevens and Daniel Mas- craft.
In 1714 Gysbert Marcelis received a patent for six acres of land on the Hoek for a hofstede, he being then the owner of the neighboring island, called Gyse's island.
MAALWYCK.
Benjamin, or Bent, Roberts first purchased this farm of the natives, with the approbation of the magistrates of Albany-thirty-six acres of land, together with forty acres of woodland, which was confirmed to him July 1, 1669.
This bouwery lay opposite to Arent [Bratt] the Norman's hindmost lot of land. The farm is in the possession and occupation of a descendant of Carel Hansen.
SECOND FLAT.
The flat extends from Rector's easterly, and in 1864 was owned by Gerrit Barhydt, 17 acres ; Frank Potter, 40 acres ; D. D. Campbell, 30 acres. Total, with upland. 87 acres.
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