USA > New York > Erie County > Elma > History of the town of Elma, Erie County, N.Y. : 1620 to 1901 > Part 4
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France To England.
Treaty of Peace at Paris, February 10th, 1763, between England, France and Spain. France cedes Canada and all claims and territory east of the Mississippi river and north of 31º of latitude to England. This gives England sovereignty over Canada and the thirteen colonies.
New York General Committee-April 20th, 1774, call a Pro- vincial Convention, which asks Massachusetts to issue a call for a Colonial Convention, and name a time and place for the Congress to meet.
Massachusetts, General Court, May 24th, 1774, resolves that a Colonial Congress is necessary, and suggests that it be held in Philadelphia on September 1st, 1774.
Other Colonies were notified.
First Colonial or Continental Congress of fifty three delegates meets in Philadelphia, September 5th, 1774. Adopt a Declaration of Colonial rights; claim right of self government; specify the wrongs that Eng- land puts upon the colonies; agree to resist what they consider unconstitutional assumption of governmental power by England; and on
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October 20th adjourn to meet in Philadelphia May 10th, 1775, if a redress of grievances is not made by England.
Battle of Lexington, April 19, 1775, begins the Revolutionary war.
Second Constitutional Congress meets in Philadelphia May 10th 1775; the delegates resolve to resist further tyranny. June 15th, vote to raise an army of 20,000 men, and elect George Washington Commander in Chief of all colonial forces.
The Revolutionary War continues.
The State of New York adopts a State Constitution, April 20th, 1777; amended in 1801, 1821, 1846, 1867, 1894.
The United States. On November 15th, 1777, the Continental Con- gress adopts articles of Confederation.
State of New York, February 5th, 1778, ratifies the articles of Confederation.
State of Massachusetts, in 1779, adopts a State Constitution.
England
The United States. to
Treaty of Paris, September 23d, 1783, Eng- land concedes the independence of the thir- teen American States, with boundary north by Canada, west by the Mississippi River, south by 31º north latitude, with all rights of sovereignty, jurisdiction and territory.
SETTLEMENT BETWEEN MASSACHUSETTS AND NEW YORK.
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Massachusetts.
Note-Massachusetts claimed all of New York north of 42° of latitude, by her charter of 1620 and 1628. New York, by her charter of 1664, claimed all of New York and east to the Connecticut river, including Vermont. This crossing of claims was a continual source of trouble between the states, and with the in- dividual settlers. Soon after the Revolution- ary war closed, Massachusetts made several attempts to have the difference settled; and, to have a boundary line established, and to settle her claims to jurisdiction. Committees appointed by both states in 1783 failed to come to an agreement and Massachusetts applied
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to Congress to have her rights under the charter of 1628 recognized.
New York, also, went to Congress with her claim under the charter of 1664.
Congress December 2d, 1785, appointed Thomas Hutchins of New Jersey, David Ritterhouse of Pennsylvania, and John Ewing to run the line between Massa- chusetts and New York, which they did. But this did not settle the claim of Massachusetts to the lands west of the line. So Congress ap- pointed James Duane, Robert R. Livingston, Robert Yates, John Haring, Melancthon Smith and Egbert Benson, Commissioners, on the part of New York; and John Lowell, James Sul- livan, Rufus King, and Theophilus Parsons, Commissioners, on the part of Massachusetts, to meet at Hartford, Conn., and settle the con- troversy.
DEED BETWEEN MASSACHUSETTS AND NEW YORK.
State of New York to
State of Massa- chusetts and
State of Massa- chusetts to
State of New York.
Mutual deed, dated December 16, 1786, re- corded in Erie County Clerk 's office, in Liber 26, Page 469. [Note-This deed being a settlement of title to all lands in Western New York, the part especially referring to those lands is here given.]
Ist. The Commonwealth of Massachusetts doth hereby cede, grant, release and confirm to the State of New York, all the claim, right, and title which the Commonwealth of Massachusetts hath to the government, sovereignty, and juris- diction of the land and territories so claimed by the State of New York as hereinbefore stated to wit:
Whereas, the Commonwealth of Massachusetts, claiming among other things all the territory de- scribed as all that part of New England in America which lieth and extendeth between the great river called Merrimac and a certain other called the Charles river, being the bottom of a Bay called Massachusetts Bay, and also all the lands lying within three English miles to the southward of the southernmost part of the
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"
said Bay, and extending thence northward in latitude to the northward of every part of the said river Merrimac, and in breadth of latitude aforesaid extending throughout all the main-land in longitude westward to the Southern Ocean, as the just and proper right of the said Common- wealth; and as the State of New York has set up a claim to a part of the land above men- tioned, to wit: bounded on the north by above line of northwest part of Merrimac, and south by the southmost part of Massachusetts Bay, and on the west by the limits between the United States and the King of Great Britain, and the cession from the State of New York to the United States and east by the line agreed on and established between the late colony of New York and the Massachusetts Bay in the year 1773, and from the northern termination of the said line, then bounded on the east by the west bank of the Connecticut River.
2. That the State of New York doth hereby cede, grant, release and confirm to the said Com- monwealth of Massachusetts, and to the use of the Commonwealth, their grantees, and the heirs and assigns of such grantees, forever, the right of pre-emption of the soil from the Native Indians, and all other, the estate right, title and proper- ty (the right and title of government, sovereign- ty and jurisdiction excepted), which the state of New York hath of, in and to 230,400 acres to be located by the Commonwealth of Mas- sachusetts to be situated to the northward of and adjoining to land granted by the Commonwealth of Massachusetts to Daniel Cox and Robert Litten Hooper and their associates and between the Rivers Oswego and Chenango, and also the lands and territories within the following limits and bounds, that is to say : Beginning in the north bounds, the State of Pennsylvania in the parallel of 42º north lati- tude, at a point distant eighty-two miles from the northeast corner of the state of Pennsylvania, on the Delaware River, thence, on a due meridian north, to the boundary line between the United States and
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the King of Great Britain, thence, westerly and southerly along said boundary line to a meridian which will pass one mile east from the northern terminus of the strait or waters between Lake Ontario and Lake Erie, thence east along said meridian to the south shore of Lake Ontario, thence on the eastern side of the said strait, by a line always one mile distant and parallel to the said strait to Lake Erie, thence west to the boundary line between the United States and the King of Great Britain, thence along the said boundary line until it joins with the line of cession from the State of New York to the United States, thence, southerly along the said line of cession to the north-west corner of the State of Pennsylvania, thence east along the north boundary line of the State of Pennsyl- vania to the place of beginning, and which said lands are a part of the territory claimed by the Commonwealth of Massachusetts.
3. The State of Massachusetts doth hereby cede, grant, release and confirm to the state of New York, and to the use of the state of New York, their grantees, and the heir and assigns of such grantees, forever, the right of pre- emption of the soil from the native Indians, and all and other estate, right, title and prop- erty which the Commonwealth of Massachusetts hath in, or to the residue of the lands and terri- tories so claimed by the state of New York herein before stated and particularly specified. [Then follow several sections not necessary to mention here.]
10th. The Commonwealth of Massachusetts may grant the right of pre-emption of the whole, or any part of the said lands and territories to any person or persons, who, by virtue of such grant shall have good right to extinguish, by purchase of the claims of the native Indians, by any such grantee or grantees, unless the same shall be in the presence of, and approved by a superintendent to be appointed for such purpose by the Common- wealth of Massachusetts, and having no interest
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in such purchase and unless such purchase shall be confirmed by the commonwealth of Mas- sachusetts.
Signed by John Lowell, James Sullivan, Theophilus Persons, Rufus King, Commissioners for and in behalf of the Commonwealth of Massachusetts.
James Duane,
Robert R. Livingston,
Robert Yates,
John Harring, Melancton Smith, Egberf Benson,
For and in behalf of the State of New York.
Done at the City of Hartford, Conn., the 16th day of December, 1786.
The State of Massachusetts, February 7th, 1788, ratifies the Con- stitution of the United States, by a vote of 187 to 168.
The State of New York, July 26th, 1788, ratifies the Constitution of the United States, by a vote of 31 to 29.
State of Massa- chusetts to Oliver Phelps and Nathaniel Gorham
By authority of deed, December 16th, 1786, State of New York to Massachusetts .- Sold right of soil and pre-emption from the In- dians, of the whole Massachusetts tract of 6,000,- 000 acres, but Phelps & Gorham failing to make payment; by settlement made November 21st, 1788, they, Phelps & Gorham, retain 2,600,000 acres from the east side of the tract.
Phelps & Gorham to State of Massa- chusetts. 3,400,000 acres.
November 21st, 1788, the balance of the tract, by settlement, reverts back to the State of Massachusetts. The east line of the Phelps & Gorham tract by this settlement begins in the north line of the State of Pennsylvania, 82 miles west from the north-east corner of Pennsylvania. The west line of the Phelps & Gorham tract, begins in the north line of Pennsylvania, 126 and 78-100 miles west from the northeast line of Penn- sylvania, thence due north to the forks of the Genesee River and Conawango Creek-thence west 12 miles, thence north 24° east to Lake
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Ontario. This line has since been known as the west line of the Phelps & Gorham purchase.
In the fall of 1788, a council of the Seneca Nation was held on Buffalo Creek, at which Mr. Phelps bought of the Indians their right and title to the 2,600,000 acres that Phelps & Gor- ham had bought of the State of Massachusetts. The price as agreed upon at that council was $5,000 cash in hand and an agreement to pay $500 annually forever. This was about half a cent per acre.
State of Massa- chusetts to
Samuel Ogden.
Agreement, May 11th, 1791, Recorded in Erie County Clerk's Office in Liber 24, Page 408, to convey all of the Massachusetts lands west of Phelps & Gorham's tract.
Samuel Ogden
to State of Massa- chusetts.
Release May 11th, 1791-Recorded in Liber 24, Page 413, release from above agreement.
State of Massa- chusetts to Robert Morris.
Deed May 11th, 1791. Liber 24, Page 415, conveys the soil and pre-emption right to all the balance of Massachusett's lands in the State of New York, 3,400,000 acres west of Phelps & Gorham's tract.
Robert Morris to Agents of Holland Land Co. Names of members Wilhem Willink. Jan Willink. Nicholas Van Stop- horst. Jacob Van Stop- horst. Nicholas Hubbard. Peter Van Eeghen. Isaac Ten Cate. Hendrick Vollen- hoven. Christina Koster, (widow.) Tan Stadnitski. Rutger J. Schim- melpennick.
July 20th, 1793 .- Robert Morris reserves from the east side of his purchase from Massa- chusetts of May 11th, 1791,about 1-7 of the whole tract, so that the west line of his reserve, and east line of Holland Land Company's lands, begin at a point in north line of Pennsylvania, 12 miles west from south-west corner of Phelps & Gorham tract and 138 78-100 miles west from the north-east corner of the State of Pennsyl- vania at the Delaware River, thence, due north to near the center of the town of Stafford in Genesee County, thence due west 2.07875 miles being 2 miles, 6 chains and 30 links, thence due north to Lake Ontario. Morris agreed to ex- tinguish the Indian title to all, except the New York Reservation of one mile wide on the east side of Niagara River. Conveys about 2,625,- 000 acres.
United States to Seneca Nation of Indians.
Treaty, September 1794, at Canandaigua, secures to the Indians, their right in all the
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lands in the State of New York west of Phelps & Gorham purchase except New York State Reser- vation.
INDIAN RESERVATIONS.
Seneca Nation of Indians to Robert Morris.
Treaty, September 15th, 1797, at Big Tree, now Geneseo, conveys pre-emption right to all above lands, except 11 Reservations, containing 338 square miles, conveys 2,625,000 acres. Price paid, $100,000. The Buffalo Creek Reservation is one of the eleven reserved.
These eleven Reservations are as follows:
ACRES.
Big Tree or Little Beard Reservation, in Livingston Co., 4 square miles, 2,560 Conawangus = 1,280 2 16
Squawky Hill
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66
2
66
1,280
Gardeau (Mary Jamison)
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17,920
Canadea
Allegany
16
10,240
Oil Spring
16
Cattaraugus " 1
42
26 880 640
Tuscarora
" Cattaraugus
42 70
44,800
Buffalo Creek
Erie
"130
83,200
338
216,320
Robert Morris, by Sheriff to
Thomas L. Ogden.
Deed, May 12th, 1800. Liber 24, Page 406, conveys all W. of Morris reserve except the New York State Reservation.
Thomas L. Ogden to
Wilhem Willink, et. al.
Deed, February 18th, 1801 (in Erie Co. not recorded). Conveys same as Robert Morris to Agents of Holland Land Co., July 20th, 1793, 2,625,000 acres, and carries right of pre-emp- tion to the eleven reservations.
Wilhem Willink, et. al.
to
David A. Ogden.
Deed, September 10th, 1810. Liber 1, Page 68, conveys right of pre-emption to the reser- vations containing 197,835 acres.
NOTE .- This carries the title of lands in Western New York, except the New York State Reservation one mile wide, from Lake Ontario to Lake Erie, to the Holland Land Co .; also, except to the eleven Indian Reservations of which David A. Ogden has the pre-emption right or right to purchase the Indian title.
The Holland Land Company, soon after its purchase in 1801, surveyed its lands into Ranges six miles wide, numbering from the east line of their purchase toward the west, and then surveyed these Ranges into towns six miles north and south, numbering from the Pennsylvania State line toward the north.
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66
1
640
Cattaraugus
66
" Niagara
Allegany
26,880
Tonawanda
¥
Genesee
The line between the 4th and 5th Ranges is the present east line of Erie County, and this town of Elma comes in the Holland Sur- vey as Town 10, Range 6, and is also known as a part of the Buffalo Creek Reservation.
SALE BY SENECA INDIANS TO THE OGDEN COMPANY.
David A. Ogden to Robert Troup, Thomas L. Ogden and Benjamin IV. Rogers.
The Seneca Nation of Indians to Robert Troup, Thomas L. Ogden and Benj. W. Rogers.
Trust deed, February 18th, 1821. Liber 6, Page 396. Forms copartnership with 20 shares, to enable the members to buy of the Indians their title to the eleven reservations.
Treaty August 31st, 1826, Liber 10, Page 138. As this purchase includes a part of Elma, the treaty is given in full. At a treaty held under the authority of the United States at Buffalo Creek in the County of Erie, State of New York, between the Sachems, Chiefs and War- riors of the Seneca Nation of Indians on behalf of said Nation, and Robert Troup, Thomas L. Og- den and Benjamin W. Rogers of the City of New York, in the presence of Oliver Forward, Esq., Commissioner appointed by the United States for holding said treaty and Nathaniel Gorham Superintendent, in behalf of the State of Massa- chusetts, know all men by these presents that we, the said Sachems, Chiefs and Warriors, for and in consideration of the sum of $48,216, lawful money of the United States to us in hand paid by the said Robert Troup, Thomas L. Ogden and Benjamin W. Rogers at or immediately before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted bargained, sold, aliened, released, quit-claimed and confirmed and by these presents do grant, bargain, sell, alien, release, quit-claim and confirm unto the said Robert Troup, Thomas L. Ogden and Benjamin W. Rogers and their assigns forever, all that tract of land commonly called the Canadea Reservation in Allegany County, containing sixteen square miles, also- then follows other reservations and exceptions- the exceptions making a sale of 80,960 acres of land, being about two-fifths of all the land in
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the eleven Reservations for $48,216, about 60 cents per acre.
By this sale all the eleven Reservations were sold except :
49,920 acres of the Buffalo Creek Reservation.
12,800 66 66 Tonawanda
66 21,760
Cattaraugus
1,920 66 Tuscarora
30,469
66 Allegany
116,869
SENECA INDIANS TREATY WITH THE OGDEN COMPANY.
(Note-This sale conveys 33,637 acres of the 83,557 of the Buf- falo Creek Reservation.)-That part of this sale which is within the bounds of the Town of Elma is a strip one mile in width on the south side of the town, and is known as the Mile Strip; and on this strip, in Elma, the first settlement of white people in the town of Elma was made. The part of this Reservation not sold by the terms of this treaty was to contain seventy-eight square miles or 49,920 acres, and this reserved part is described as follows:
Beginning on the north line of said Reservation at a point one and one-half miles east of the Cayuga Creek, running thence south one and one-half miles, thence east parallel with the north line so far that a line to be drawn from the termination thereof south, to a point one mile distant from the south line of the said Reservation, and thence west parallel with the said south line to the west line of the Reservation, and thence along the west and north lines of the same to the place of beginning will contain the said quantity of seventy-eight square miles or 49,920 ares.
NOTE .- This treaty conveys a strip of land one and one-half miles wide on the north side of the Reservation, about three miles wide across the east end, and one mile wide the length of the south side. This takes all of the town of Marilla east of the two- rod road, passing north and south through Marilla village. All of the town of Elma is in the reserved part of the sale, except the Mile Strip on the south side of the town.
TREATY SIGNED.
The treaty was signed as follows:
YOUNG KING, YOUNG CHIEF, CHARLES O'BEAL, CAPT. SHINGO, POLLARE, BAREFOOT, TUNIS WOLFAOUN, GEO. RED EYE, LITTLE BILLY, CAPT. CROW, LOHN JOHN, JIMIE THUDSON, CORNPLAN-
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TER, JONES COUSIN, BLUE EYES, STIFF KNEE, STRONG, BIG KETTLE, LITTLE JOHNSON, RED JACKET, CHIEF WARRIOR, JACK SNOW, DOESTADA, JOHN FOPP, SENECA WHITE, JOSEPH LEG- NANY, GREEN BLANKET, JOHN SNOW, LITTLE BEARD, WM. BLACKSNAKE, WHITE BOY, THOMPSON, TALL CHIEF, TALL PETER, ISAAC, JAMES STEVENSON, JR., CAPT. SNOW, JAMES ROBISON, HENRY TWO GUNS, JOHN SNOW, TWENTY CANOES, WHITE SENECA, STEVENSON, SILVER HEELS, DESTROY TOWN, JOHN PIERCE; 46 in all.
ROBERT TROUP, by his Attorney JOHN GREIG. THOMAS L. OGDEN, 66
66 66 BENJ. W. ROGERS, 66 66 66
Signed and Sealed in the presence of
JASPER PARISH, Indian Agent. HORATIO JONES, Interpreter. LEVI HUBBELL, JACOB JIMSON, 66
Certificate of NATHANIEL GORHAM, Sup't for Massachusetts. 66 OLIVER FORWARD, Com. for United States. Treaty ratified by United States Senate.
Abram Ogden and Wife, et. al. 1st part, WVm. Short, et. al. 2d part, Robert Troup, et. al. 3d part.
Deed of Partition, January 10th, 1828. Liber 11, Page 56, to divide above premises to indi- vidual stockholders as per Trust Deed of Feb- ruary 18th, 1821.
TREATY OF 1838 AND 1842.
The Seneca Nation of Indians to Thomas L. Ogden and Joseph Fellows.
Treaty January 15th, 1838, Lib. 82, Page 1. Sale of all the Indian lands which were excepted from the treaty and sale of August 31st, 1826, conveys 114,869 acres for $202,000, signed by forty-four chiefs and head men of the nation, certified by Mr. Gillett, Commissioner for the United States; certified by Gen. Dearborn, Superintendent for Massachusetts. Treaty amended by United States Senate and sent back. So much dissatisfaction and opposition was made by many of the Chiefs and Indians that another Treaty was made August 7th, 1838, and was signed by forty-two who claimed to be chiefs. This last treaty was ratified by the United States Senate.
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Josh. Waddington,
Benj. W. Rogers,
Abraham Ogden, Duncan P. Camp- bell, Isaac Ogden, Robert Tillotson, Gabriel Shaw (by Attorney) to Thomas L. Ogden and Joseph Fellows, Trustees.
Deed of trust July 16th, 1840, liber 67, page 198. To purchase such of the Indian Reserva- tion as they can by treaty and then to convey and make partition of Indian lands.
The Seneca Nation of Indians to
Thomas L. Ogden and
Joseph Fellows, Trustees.
Treaty, May 20th, 1842. Liber 106, Page 194. Treaty confirmatory and amendatory of the treaty of January 15th, 1838, and of August 7th, 1838, conveys several tracts, among them the balance of the Buffalo Creek Reservation as reserved by the treaty of August 31st, 1826, con- tains 49,920 acres.
Signed by
GEO. BLACK SNAKE, JOHN SENECA, IRA HURBACK, JOHN DICKEY, JAMES STEVENSON, JACOB BENNETT, GEORGE FOX, GEORGE BIG DEER, JOHN PIERCE, GEORGE TURKEY, PETER JOHNSON, WM. PATTERSON, DANIEL TWO GUNS, JACOB STRONG, SAMUEL GOR- DON, BULLY SHANKS, JOHN KENNEDY, TONE HALF TOWN, JAMES PIERCE, ABRAM JOHN, WHITE SENECA, ROBERT WATT, JOB PIERCE, YOUNG CHIEF, THOMPSON S. HARRIS, GEORGE BIG DEER, THOMAS JIMESON, MORRIS HALF TOWN, GANA WAN, TALL PETER, SIMON WHITE, ISAAC HALF TOWN, JOHN KENEDY, JR., JAMES SHON, JR., MORRIS STEVENSON, WM. JONES, JAMES SPORING, JONAH ARM- STRONG, SAMUEL LOGAN, MORRIS H. PIERCE. GEORGE DEER, GUY JAMESON, JOHN TALL CHIEF, DANIEL SNOW, N. T. STRONG, BLUE EYES, JOHN BARK, JABEZ STEVENSON, SAMUEL WILSON, GEO. KILL BRUSH, LITTLE JOHNSON, WM. KROUSE, GEO. DENNIS, 53 CHIEFS AND HEADMEN.
Witnesses :
BENJ. FINNEY, O. H. MARSHALL, ORLANDO ALLEN, ELAN R. JEWETT, ASHER WRIGHT, CORTLAND B. STEBBINS, JOSEPH S. WAT- SON.
THOMAS L. OGDEN. JOSEPH FELLOWS. AMBROSE SPENCER, Com. on behalf of U. S. SAMUEL HOAR, Supt. on behalf of Mass. A. DIXON, Com. on behalf of N. Y.
This treaty was not ratified by the U. S. Senate.
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PARTITION DEED OF OGDEN COMPANY.
Wm. L. Wadding- ton, Jeremiah Van Renssaeler, Executors of Josh. Waddington, Rich. H. Ogden, Ex. of Thos. L. Ogden, Louisa Troup, et al to Gabriel Shaw and Melville Wilson.
Deed of Partition December 29th, 1852. Liber 147, Page 279, in which principals et al., were set off.
Other deeds of Partition, Liber 77, Page 231; Liber 51, Page 279; Liber 118, Page 323.
This brings the chain of title to 1852, and partitions the lots to the various members of the Company, giving to them individually the right to convey.
It will be seen by the foregoing that the town of Elma was wholly included in the Buffalo Creek Reservation; that by the treaty of August 31st, 1826, the Ogden Company bought a strip one mile wide in the south part of Elma, the south line of this Mile Strip being the south line of the town.
That by the treaty of May 20th, 1842, the Ogden Company bought the remainder of the Buffalo Creek Reservation, of which the remaining portion of the town of Elma was a part. The north line of this last purchase forms the north line of the town.
That, by the deeds of partition, the stockholders of the Ogden Company became individual owners of the several lots as surveyed and numbered, and from these individual owners, purchases were made and the settlement of the town was begun, first, on the Mile Strip in 1828 and in 1844, and later throughout the remaining portion of the town.
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CHAPTER IV.
STATE JURISDICTION .- NEW YORK STATE DIVIDED INTO COUNTIES.
Massachusetts claimed jurisdiction, as well as sovereignty over all of Western New York under the Charters of 1620 and 1628.
New York claimed the same under the Charter of 1664. Naturally, trouble between the governing authorities of the two colonies, as well as with the inhabitants, grew out of these conflicting claims; and these troubles grew to be more and more bitter, as settlements were extended by each colony until actual hostilities were threatened on both sides.
The settlement was finally made on December 16th, 1786, by a commission appointed by Congress, which gave to New York jurisdiction over all the disputed territory in this State. The acts of New York will now be considered in this matter of State jurisdiction.
The New York Assembly, having been called together by Gov. Dongan, then the Colonial governor of New York, among other acts, on October 17th, 1683, passed the act entitled "Charter of Liberties, &c.," and on November 1st, 1683, the governor signed the act dividing the territory of New York into nine counties.
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