Landmarks of Steuben County, New York, Part 3

Author: Hakes, Harlo, 1823- ed; Aldrich, Lewis Cass. cn
Publication date: 1896
Publisher: Syracuse, N.Y. : D. Mason & Co.
Number of Pages: 1180

USA > New York > Steuben County > Landmarks of Steuben County, New York > Part 3

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The close of the Revolutionary war and the return of peace marked the beginning of a new era in the history of the vast Genesee country, for the Indian occupation soon afterward terminated, and the pioneers from New England, Pennsylvania, with many others from the eastern part of this State, and a few foreigners, became the possessors of the territory. They were a hardy and patriotic class, and under their energetic efforts lands were cleared and the forests gave place to farms of rare fertility, thus developing the agricultural resources at least to the extent which supplied domestic requirements.

However, soon after the war was ended it was found that the treaty agreement had made no provision for the Indian allies of Great Britain.

CLAIMS OF MASSACHUSETTS AND NEW YORK.

The English authorities offered them lands in Canada, but all the tribes except the Mohawks preferred to remain in New York. The United States treated them with great moderation. Although they had twice violated their pledges and without provocation had plunged into a war against the colonies, they were readily admitted to the benefits of peace, and were even recognized as the owners of all the lands in New York over which they had previously ranged. The property line, as it was called, previously drawn between the whites and the Indians, ran along the eastern border of Broome and Chenango counties, and thence to a point seven miles west of Rome.

In October, 1784, after two other ineffectual attempts, a treaty was made at Fort Stanwix (Rome) between three commissioners of the United States and the sachems of the Six Nations. The Marquis de La Fayette was present and made an address, though not one of the commissioners. Red Jacket, the noted Seneca, was present, but did not really take part in the council. Brant was not present, though he had been active in a council with Governor Clinton a short time before. Cornplanter spoke for the Senecas, but Sayengeraghta or "Old King " was the recognized Seneca sachem. This treaty fixed the western boundary of the Iroquois territory, beginning at Lake Ontario, four miles east of the Niagara River, and running thence southerly across the lands of the State to the Pennsylvania line. The several councils held with the Indians resulted in the purchase of vast tracts of their land, but in each case the authorities made them just compensation.

In this manner matters progressed favorably for a time, but rather unexpectedly there arose a controversy involving questions of title and right to purchase from the Indians, all of which was due to the imper- fect understanding on the part of the crown regarding the situation or extent of the territory of America. The colonies of Massachusetts and New York had charters under which each could claim not only all cen- tral and western New York, but also a strip of land running from the Atlantic to the Pacific Ocean. The charter to the Plymouth colony of Massachusetts was made in 1627, while that to the Duke of York was made in 1664, and after the overthrow of the English dominion in the United States and the organization of the States themselves, the au- thorities of each naturally began an inquiry into the extent of their possessions, that definite and permanent boundaries might be estab-

LANDMARKS OF STEUBEN COUNTY.

lished. The conflicting character of these grants was known even before the Revolution, but not until after the formation of the States did the matters in dispute become at all complicated. However, that a settlement might be reached both States ceded to the United States all claim to the territory west of a line drawn south from the western ex- tremity of Lake Ontario, being the present western boundary of Chau - tauqua county.

After divers negotiations regarding the remaining part of the dis- puted territory, commissioners from the two States interested, and from the general government, met at Hartford in December, 1786, to en- deavor to harmonize their claims. It was then and there agreed that Massachusetts should yield all claim to the land east of the present east line of Ontario and Steuben counties, while west of that line New York should have the political jurisdiction and sovereignty, while Massachu- setts should have the title, or fee simple, of the land, subject only to the Indian right of occupancy. That is to say, the Indians could hold the lands as long as they pleased, but were only allowed to sell to the State of Massachusetts or her assigns. This title, thus encumbered, was called the pre-emption right, literally, the right of first purchase.

While these events were taking place a combination (a "ring," it would now be called, or perhaps "a syndicate") was formed by capitalists in New York and Canada, to obtain control of the Indian lands in this State. Two companies were organized, the one known as the New York and Genesee Land Company, of which John Livingston was the manager, and the other the Niagara Genesee Land Company, composed largely of Canadians, with Col. John Butler at the head, and associated with him were Samuel Street, Captain Powell, William John- son and Benjamin Barton.

As the State forbade the sale of Indian lands to individuals, these companies, working together, sought to evade the law by a lease, and so great was the influence of Butler and his associates that in 1787, the Six Nations, or some chiefs and sachems claiming to act for them, gave the New York and Genesee Company a lease of all their lands, except some small reservations, for a term of nine hundred and ninety nine years. The consideration was to be $20,000, and an annual rental of $2,000. At the next session of the Legislature the lessees applied for

PHELPS AND GORHAM PURCHASE.

a confirmation of their lease, but the intent to evade the law was too plain ; the petition was promptly rejected and the lease declared void.

The lease having been annulled, the promoters of the scheme next proposed to procure a conveyance by the Indians of all their lands in the State, provided the latter would reimburse Livingston and his asso- ciates for all their expenses, and to convey to them half the land ; which specimen of effrontery can seldom be surpassed in these pro- gressive days, considering that Livingston, Butler and company would have secured several million acres of the finest lands in America as a free gift. However, this proposition was also rejected.

In 1788 Massachusetts sold all her land in New York, about six and one-half million acres, to Oliver Phelps and Nathaniel Gorham, acting on behalf of themselves and others, for $1,000,000, to be paid in three equal annual payments, the purchasers having the privilege of paying in Massachusetts currency, then worth about twenty cents on the dol- lar. The purchase was of course subject to the Indian right of occu- pancy.

Oliver Phelps, the active manager of the "Phelps and Gorham Pur- chase " enterprise, made an arrangement with Livingston, who agreed, doubtless for consideration, to assist in negotiating a treaty with the Indians. But meanwhile there arose a disagreement between Living- ston's and Butler's companies, and when Phelps reached Geneva, or Kanadesaga, where the council was to have been held, he learned that Butler and his associates had assembled the Indians at Buffalo Creek, and had persuaded them not to meet with either Livingston or Phelps ; and learning that Butler had greater influence with the savages than Livingston or himself, Phelps proceeded to Niagara, came to a satis- factory arrangement with them, and then procured a council at Buffalo Creek.

Although in no manner pertinent to this narrative, the statement may be made incidentally that this council was in many respects a notable assemblage, and a meeting in which that shrewd Yankee, Oliver Phelps, found himself pitted against not only a number of the most cunning land sharpers of the whole country, but as well against the most crafty representatives of the Indian race. Among the notables present, whose names can be recalled, were Joseph Brant, the Mohawk chief, famed both for his cunning and inhuman ferocity; John Butler, the once active

LANDMARKS OF STEUBEN COUNTY.

man of the lesser land company, and formerly colonel of Butler's Rang- ers ; Rev. Samuel Kirkland, the agent of Massachusetts, a man of noble character and varied experience. At this meeting he also acted as one of the interpreters. William Johnston was another of the inter- preters present.

Oliver Phelps was a Connecticut Yankee by birth, a son of the Bay State by adoption, and a New Yorker by subsequent residence. He was an active participant in the Revolution, and was now, as the agent of an association of Massachusetts speculators, negotiating for the pur- chase of a principality. He was a shrewd, persistent, enterprising, politic, typical business man of the day, and to the time of his death was regarded with profound respect by the residents of the Phelps and Gor- ham Purchase. In his representative capacity, and associated with Na- thaniel Gorham, Mr. Phelps once owned all the territory now compris- ing Steuben county, and the titles established by him have been the foundation for all subsequent real estate transactions in the shire. Still, Steuben county was but a small part of the vast purchase negotiated by this remarkable proprietary.

Among the Indian owners of the land were present Honayewus, the Seneca chief, who had then lately received the name of "Farmer's Brother." There, too, was also Sagoyewatha, "The Keeper Awake" (a tribute to his oratorical powers), the far-famed Red Jacket. Another was Capt. John O'Bail, or Abeel, more widely known as Cornplanter, half white by blood, yet thoroughly Indian by nature. Sayengeraghta, " Old King," or "Old Smoke," was also present but not active in the council.

As is well known, the eastern boundary of the purchase began at the eighty-second milestone on the Pennsylvania line, thence ran due north to Lake Ontario. The west line ran from the lake up the Genesee to the mouth of the Canaseraga, thence due south to the Pennsylvania line. This was the "Phelps and Gorham Purchase," and included about 2,600,000 acres. The price was left by the complaisant aborigines to Colonel Butler, Joseph Brant and Elisha Lee (the latter Mr. Kirkland's assistant), and was fixed at $5,000 in hand, and $500 annually, forever. This was about equal to $12,000 in cash, or half a cent an acre. Within two weeks after the council Colonel Butler called on Mr. Phelps by letter for a conveyance of 20,000 acres of land, in accordance with a

HJO SY

John D. Bonderman

PHELPS AND GORHAM'S SURVEY.

previous arrangement, to be deeded to persons designated by Butler ; from which it is fair to infer that as the colonel had been one of the com- missioners to fix the price of the main purchase, this transfer looks as if some of the Indian operations of that era would not bear more close investigation than those of later years.

While Oliver Phelps was busily employed in his negotiations with the Indians, and in compromising with the annoying claimants in the lessee companies, Mr. Gorham was engaged in preparing for the sur- vey of the east and west boundary lines of the purchase as preliminary to the survey of the general tract. For this work the services of Col. Hugh Maxwell, an engineer of good repute, were engaged, and the work was done during the year 1788; not, however, by Colonel Max- well, or even under his immediate direction, for he was taken ill about the time the work was begun, and the line was in fact run by his assist- ants and subordinates. The survey into townships was also begun in 1788, and completed in 1789, and was made from the eastern boundary. So far as the character of the surface would permit, the townships were supposed to contain the contents of six miles square. Running from south to north, and six miles apart, were first surveyed the range lines, and throughout each of these, at the end of every six miles, monuments were placed, and by running lines at right angles with the range lines, at the designated points, there would be included six miles square, (thirty-six square miles) or a township.

The statement may be made in this connection that the survey into townships in the southeast part of the Phelps and Gorham purchase was made by Augustus Porter, Frederick Saxton and their assistants. In explanation of the system of surveys adopted for the Phelps and Gor- ham purchase, which, by the way, was afterward employed generally in the Western States and Territories, it may be stated that the present town of Caton comprises, substantially, township I, range I ; Lindley, township I, range 2; Tuscarora, township I, range 3. The town of Corning comprises township 2, range I ; Erwin, township 2, range 2.

In 1789 the Phelps and Gorham proprietary found themselves in a financially embarrassed condition. The Massachusetts currency, which, at the time the purchase was made was worth only about twenty cents on the dollar, had, through the organization of the affairs of the State and the assistance afforded by the general government, advanced in

LANDMARKS OF STEUBEN COUNTY.

value to nearly par, and the proprietors themselves had made enormous outlays and expenditures in surveying and developing their lands. In addition was the unlooked for expense of the contingent of persons who claimed to have assisted in bringing about a peaceful settlement of diffi- culties, and who were persistent in their demands for money and lands. The result was that the proprietors were unable to meet their obliga- tions, although at this time they had disposed of nearly one-half of their vast estate. Many of the townships, however, had been conveyed to stockholders in the association in exchange for their interests in the company.

In this emergency Phelps and Gorham petitioned the Massachusetts Legislature. asking that they be released from payment of the entire principal sum, and expressed a willingness to pay for that part of the land to which the Indian title had been extinguished, and surrender the tract west of the Genesee and the mill seat tract. This proposition was acceded to. Again, in the early part of 1790 our proprietors effected a sale to Robert Morris, the financier of the Revolution and a man of large means and influence, of all the unsold portion of their purchase within the lines we have previously described. At this time Phelps and Gorham had disposed of about fifty townships, among those in what is now this county being Campbell, Canisteo, Corning, Erwin. Hornells- ville and Lindley. The lands transferred to Mr. Morris embraced about one million two hundred and sixty-four thousand acres, for which he paid £30,000, New York money.

After becoming fully possessed Mr. Morris proceeded to investigate the character and condition of his purchase, and soon discovered that a fraud had been practiced in running the eastern boundary line. For the purpose of accurate information, he engaged Adam Hoopes to ex- plore the country, and particularly to re-survey the east boundary and determine upon the accuracy of the disputed line. However, before this could be done, Mr. Morris's agent in England negotiated a sale of the tract to a company of English capitalists, comprised of Sir William Pulteney, John Hornby, and Patrick Colquhoun. Charles Williamson acted in the capacity of agent for the purchasers and received the deeds in his own name, which the actual vendees, being aliens, could not hold. (This prohibition, however, was soon afterward removed.) The deed to Williamson was executed April 11, 1792, and in March, 1801,

CHARLES WILLIAMSON.

the then unsold lands were conveyed to the Pulteney Association. The titles to land in this county, other than in the towns specially mentioned in the preceding paragraph, have generally descended from the Pulte . ney Association, Pulteney estate, the Pulteney heirs or the Hornby estate, as variously termed.

Under the new proprietorship the eastern boundary line was resur- veyed, though at the expense of Mr. Morris. A material deflection from the correct course was discovered, more serious north than in this county, which, as is well known, is bounded by the line on the east. In the association the Pulteney interest was nine-twelfths of the whole, the Hornby two twelfths, and the Colquhoun one. twelfth.

Captain Williamson was a Scotchman by birth, and in 1792 became a citizen of the United States. He had served in the British army and during the war then recently ended had gained a fair knowledge of America and the natural resources of the country. In connection with the trust reposed in him by the English capitalists, Captain Williamson came to the United States in December, 1791, remaining for some time in Pennsylvania, and locating for his business operations at Bath in the early part of 1793. We have no place in this chapter for the thousand . and one enterprises set on foot and carried to a successful completion by Captain Williamson, but it may be said in this connection that the early settlement and development of what is now Steuben county was largely due to his efforts To be sure he had at his command almost unlimited resources and means, and he made generous use of both. In fact his principals soon complained of the seemingly prodigal expendi- tures made by their agent and were disposed to call him to account, but whatever was done in the way of improvement was of great benefit to the inhabitants of the region in general, and of the townships owned by the association in particular. The town and village of Bath owed all their early prosperity to the generosity of Captain Williamson. However, this subject will be further mentioned in connection with our allusion to the several towns of the county, hence may be only casually treated in this chapter.

An interesting and quite important element of local history was the outgrowth of the Pulteney and Hornby titles, although the period of its occurrence was more recent than that referred to in the preceding narra- tive. We refer to the event which has ever been known as the "Anti-

LANDMARKS OF STEUBEN COUNTY.

rent Conflict," which was occasioned by the inability of the settlers to pay for their lands under the contracts of purchase made with the agents of the proprietors. And we may also add that the sentiment prevailing at the time was not confined wholly to Steuben and Allegany counties, but existed in the region known as the Holland Purchase, and also in other localities in the eastern part of the State.

The causes which led to this unfortunate situation were numerous, and chief among them was the construction of the Erie Canal, thus affording to the settlers north of us superior facilities for the transporta- tion of agricultural products to market in which the inhabitants of this region could reap no benefit. The lands here were generally poorer in quality than those to the northward, and were cleared and fitted for cultivation only after much labor and expense. The price of all pro- ducts of the soil was much depreciated and the yield not abundant. The proprietary contributed to the distress of the struggling purchasers by the practice of adding to the principal sum to be paid all arrearages of interest and charging interest on the whole. In fact the inhabitants became discontented with their condition, and the sentiment became rampant throughout the region ; and being utterly disheartened, showed little disposition to effectually relieve themselves, but rather were given to the habit of commiserating one with the other until the situation be- came really serious. In their distress they assembled a convention, to meet at the court-house in Bath on the 19th of January, 1830, " to take into consideration the condition of the settlers on the Pulteney and Hornby estates " in the counties of Steuben and Allegany. In the convention were delegates from many of the towns of this county, as follows :

Addison .- William Wombough, Lemuel B. Searls, David Shumway, Eber Scofield and Daniel Burdick.

Alfred .- Edward Green, Daniel Babcock, Spencer Sweet, Richard Hall and Clark Crandall.

Bath .- William Woods, James Warden, John Corbitt, Peter Hunter, Melvin Schenck, Caleb P. Fulton and Elisha Hawks.

Cameron .- Jacob Thayer, Joseph Loughry, Isaac Santee, Sheldon Porter and Hiram Averill.

Cohocton .- Paul C. Cook, David Weed, Elnathan Wing, Peter Haight and Alfred Shattuck.

THE ANTI-RENT CONVENTION.

Canisteo -Henry D. Millard, William Stephens, Jeremiah Baker, George Santee and Moses Hallett.

Dansville .- Thomas M. Bourn, Peter Covert, Annis Newcomb, Leeds Allen and Martin Smith.

Erwin .- John E. Evans, Samuel Erwin and John Cooper, jr.

Greenwood .- Levi Davis, Thomas Johnson, Anson Cook, William J. Strong and Randall Pease.

Hornby .- Isaac Goodsell. Samuel Oldfield, Josiah Wheat, Francis Northway and Levi Nash.

Hornellsville .- Oliver. Coon, Othniel Call, Oliver Pettibone, Jabez Lamphere and John J. Sharp.

Howard .- Daniel U. Bennett, Byram L. Harlow, William Goff, John D. Collier and Jacob G. Winne.

Jasper .- William Hunter, Benjamin Heliker, Ira Smith, Uzal M. Mynderse and Hinckley Spencer.

Painted Post .- Robert H. Hoyt, Joseph Gillett, Charles Wolcott, jr., William Webster and Henry D. Smith.

Prattsburg .- Stephen Prentiss, Gameliel Loomis, Josiah Allis, Ira C. Clark and Joseph Potter.

Pulteney .- David Hobart, William Sagar, Barnet Retan, Daniel Ben- nett and Seth Weed.

Troupsburg. - Samuel Cady, Samuel Griggs, Joshua Slater, Jesse Wilden and Nathan S. Hayes.

Urbana .- Henry A. Townsend, John Sanford, jr., John Powers, Elias Ketchum and Dyer Cranmer.

Wheeler .- Jonathan Barney, Nathan Rose 2d, Abram J. Quacken- bush, David Barney and John C. Overhiser.

Wayne .- Latham Fitch, John H. Sherwood and Thornton F. Curry.

Woodhull .- Caleb Smith, Samuel Stroud, Asher Johnson, Jeffrey Smith and Martin Harder.

Representatives were also present from several towns in adjoining counties, and in many respects the assemblage was one of the largest and most noteworthy of any held in the county during its early history. The court-house was not large enough to hold the delegates and inter- ested spectators, hence the meeting was held in the Presbyterian church. An organization was effected by the selection of Henry A. Townsend, chairman, and Edward Howell and George C. Edwards, secretaries.

LANDMARKS OF STEUBEN COUNTY.

After much deliberation and discussion and the adoption of a series of resolutions setting forth the unhappy condition of affairs, the convention caused to be sent to Col. Robert Troup, agent of the Pulteney estate, and to John Greig, agent of the Hornby estate, a memorial or petition asking that the proprietary take some action for their immediate and effectual relief.

The memorial was dated January 20, 1830, and on the 14th of March following Colonel Troup replied at length and suggested a plan of re- lief ; and while the latter tended to lessen the burdens of the settlers, it did not in fact satisfy their desires. Further meetings were held, some of them general and others local, and the ultimate result was generally beneficial to the suffering inhabitants, although the hoped for blessing was so long delayed by the detail of proceedings and formalities as to have lost much of its savor. The settlers succeeded in obtaining a moderate reduction in the price of their lands, and the product of their farms was accepted as payment of principal or interest at fair cash values. Still, there has ever been expressed a doubt as to the propriety of the proceeding or whether any substantial and lasting benefit was derived therefrom.

CHAPTER V.

Division of Montgomery County-Creation of Ontario and Steuben Counties-Brief Allusion to Baron Steuben-His Life and Services-The Original Territory of Steuben County divided into Towns-First County Officers-County Buildings-Second Jury District-Steuben County Civil List.

On the 27th day of January, 1789, the Legislature passed an act dividing the mother county Montgomery, and out of its territory the region of country in this State west of Seneca Lake was erected into a separate county by the name of Ontario. This vast tract of rich and fertile land became known to the American colonists during the closing years of the French war, and the constant passage of troops along the frontiers during the Revolution likewise afforded an excellent opportu- nity for the observing New Englander to determine upon the general desirability of the whole region as a place of permanent residence and

ERECTION OF STEUBEN COUNTY.

profitable agricultural employment. Indeed, so well known was the character of the Genesee country, that within two years from the time Phelps and Gorham concluded their historic purchase, we find the hardy pioneer clearing the forests, developing the lands, and paving the way for future prosperity. So rapidly were the towns taken and settled, that the proper management of affairs made necessary the creation of a new county west of the lake, and the act mentioned was the result.

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Landmarks of Steuben County, New York, Part 3

Author: Hakes, Harlo, 1823- ed; Aldrich, Lewis Cass. cn Publication date: 1896 Publisher: Syracuse, N.Y. : D. Mason & Co. Number of Pages: 1180

Author: Hakes, Harlo, 1823- ed; Aldrich, Lewis Cass. cn
Publication date: 1896
Publisher: Syracuse, N.Y. : D. Mason & Co.
Number of Pages: 1180