USA > New York > Pioneer history of the Holland Purchase of western New York : embracing some account of the ancient remains > Part 41
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BENJAMIN BARTON.
He was a native of Sussex county, New Jersey; born in 1771. When but seventeen years of age-in the year 1787-he accom- panied his father to assist in driving a drove of cattle and sheep purchased for the use of the British Commissariat at Niagara. The route was the one that has already been described; the Indian trail, that was then the only route to Fort Niagara and Canada. On reaching the Genesee river, the party rested for a few days to allow the cattle and sheep to recruit, and while there, erected a small log cabin, for their own convenience, and the convenience of other drovers; which is supposed to be the first tenement erected by white men, between Whitestown on the Mohawk and the wes- tern frontiers of the state.
Major Barton came to Geneva in 1788; and in the year 1790, purchased from Poudery, a Frenchman, who had married a squaw, (and to whom the Indians had given the land,) a valuable farm on the Cashong creek, seven miles from Geneva.
This farm was formerly the site of an Indian town which had been destroyed by the army of Gen. Sullivan in 1779. More than one hundred acres of it had been improved from time immemorial; so long, that the stumps had rotted away, and there were a great many old apple trees growing upon it, many of which were more than a foot and a half in diameter. These were the only things on it that escaped the destruction inflicted upon all Indian towns he reached, by Gen. Sullivan. In payment for this farm, he gave all the money and property he had, even to parting with a portion of his raiment. He had great difficulty in getting the purchase ratified by the State, but succeeded finally, through the great kindness and assistance rendered to him by Gov. George Clinton.
In 1792, Major Barton, was married at Canandaigua to the kind and affectionate companion who yet survives him, and with whom he lived nearly half a century. After his marriage he settled in Geneva, where his first child, a daughter, was born; and in 1794 removed on to his farm, where he continued to reside until the spring of 1807, when he removed to Lewiston in Niagara county. He was employed a long time by the Surveyor General in survey- ing the State military tract lying east of Ontario, to, and including Onondaga county; as well as rendering much service in that way in Ontario county.
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Between 1801 and 1805, he was three or four years the Sheriff of Ontario county, which then embraced all the territory of New York (except the county of Steuben,) west of Seneca lake, and from the Pennsylvania line to lake Ontario, which has since been subdivided into thirteen counties.
During the time he held the office, he had to serve a criminal process upon an Indian residing on the Buffalo reservation for the crime of murder, he having killed a man in a drunken brawl at a little log tavern, near where the Mansion House in this city now stands. At that period of time the Indians were much the stronger party in the country, and a process like this could not be executed without their consent. The chiefs objected to the arrest being made; said they regretted the circumstance, but they understood the white people in a case of murder, in trying and punishing a man who committed it, they made no difference whether he was drunk or sober at the time, that they did, their young warrior was drunk when he committed the act, and they would punish him; at all events they would not consent that he should be taken and tied on a horse like a thief, and carried through the country to the jail at Canandaigua. Major B. represented to them, that as the offence was a crime against our laws and within the jurisdiction of the state, the arrest must be made, even if it took a large force to do it, and they had better consent, but they positively forbid his making it. It was then mutually agreed between him and the chiefs, that they should go to Fort Niagara, then commanded by Major Moses Porter, and consult with him what was best to be done. Even here a positive refusal was adhered to, not to permit the arrest to be made. They were willing to pledge their words as chiefs, that the man should be in Canandaigua when the court met, and that the Sheriff might go home. This agreement was faithfully per- formed. The Indian had his trial, was convicted and sentenced to be hung, but subsequently pardoned by Gov. George Clinton and banished the state. He went by the English name of Stiff-arm George, and is yet, or was a few years ago, residing in the state of Pennsylvania.
Previous to the surrender of Fort Niagara, in 1796, under Jay's treaty, and while held by the British Government, no white man could travel on the frontier, without being liable to be arrested by the Indians and taken to the fort under suspicion of being a deserter, unless he could exhibit to the Indians a pass, from the
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commander of the fort; which pass, as the Indians could not read, was a card or thick piece of paper having on it a large wax seal, bearing a particular impression. Major B. has been once or twice thus arrested, and at other times had to dodge and run away from drunken and troublesome Indians.
During his early rambles on this frontier, he foresaw the brilliant prospects and immense trade which would in time flow through these great inland seas. As soon as the Mile Strip on the Niagara river was surveyed into farm and village lots, by the State who was the owner, he attended the sale at the Surveyor General's office in Albany, in 1805. Here he met with Judge and General Porter on the same business. They formed a connection of friend- ship and business, which continued unbroken to the day of his death. They purchased several farm lots, including the property around the Falls, and bid off, at public auction, the landing places at Lewis .. ton and Schlosser, for which they received a lease for twelve or thirteen years. In 1806, under the firm of Porter, Barton & Co., they commenced the carrying trade around the Niagara Falls, on the American side; they were connected with Matthew M'Nair of Oswego, and Jonathan Walton & Co. of Schenectady; and this was the first regular and connected line of forwarders that ever did business from tide-water to lake Erie on the American side of the Niagara river.
After Major Barton removed to Lewiston, in 1807, then in the county of Genesce, he was for one or two years the Sheriff; after which he never asked for nor held any civil office, except such as supervisor or other town office, which are rather burthensome than otherwise, but he always held that it was every one's duty to bear his share of such tasks. He was an American in heart and prin- ciple, and loved his country and her republican institutions before all others. He was a strong advocate for the war of 1812, and during the early part of it, gave his whole efforts and influence to its support. In 1813 when the Niagara frontier was invaded and laid waste with fire and sword by the enemy, Major Barton was a large sufferer; his houses, stores, mills, and other property being burned up or otherwise destroyed; for all of which he received but a partial remuneration from the Government. This severe pecu- niary loss, flowing from the progress of the war which he had aided in bringing about, and to which he had given his untiring zeal in supporting, did not in the least change his views or feelings in what
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he considered a just and proper act of the Government; but on the contrary called him more fully into action.
In the spring of 1814, when his friend and partner, General Porter, raised his Brigade of Volunteers, which during the cam- paign so much distinguished themselves, Major B. joined them as special quarter master for the corps, under a commission from Gov. Tompkins. In this department, his services were soon found so useful, that in July, while the American army lay on Queenstown Heights, he received from the President, a commission as Deputy Quarter Master General in the regular army, in which he continued to the close of the war.
After the restoration of peace, Major B. returned with his family (who left at the commencement of the war,) to Lewiston, his favorite place, and commenced rebuilding and repairing the injury his property had received during the war. For the last fifteen or twenty years of his life, he gave up all cares of business, except agriculture, to which he was much attached. He originally had a most uncommonly robust constitution; but from early expo- sure in surveying the country, by exposure in winter and summer to rains and snows, and hard fare in living, he became, as age creeped on, subject to rheumatism and other chronic complaints, which entirely broke him up; and, for the last five years, he enjoyed but little good health.
During a long life, Major Barton has been eminently a useful man. Thrown, in his minority, upon the world, to work his own way, without a shilling to aid him, but possessing talents, industry, perseverance and economy, he overcame all obstacles, and rose to the enjoyment of wealth and honors. He was naturally modest and unobtrusive; decisive and firm in purpose; honest and upright in all his dealings; never oppressive to those indebted to him, but rather extending to them additional assistance; generous and obli- ging in his disposition, and always ready to bear his portion in any public improvement; without any desire for, or attempt at show or ostentation, for which he had a perfect contempt; but treating with great respect and civility, worth and merit, whether covered with the humble garb of poverty or more rich attire; a kind husband, an affectionate father, a good neighbor, and an unflinching friend.
He died at Lewiston, in 1842, aged 72 years.
NOTE .- The portrait accompanying the biography, is from a painting made when the subject of it was but a little over fifty years of age; there being no later one. With
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CHAPTER III.
MORRIS' PURCHASE-GENERAL DISPOSITION OF "MORRIS' RESERVE."
Messrs. Phelps and Gorham, who had paid about one third of the purchase money of the whole tract purchased of Massachu- setts, in consequence of the rise of the value of "Massachusetts consolidated stock," (in which the payments for the land were to be received) from twenty per cent. to par, were unable further to comply with their engagements and consummate the conditions of the sale on their part, and Massachusetts commenced suits on their bonds. After a long negotiation between the parties in which many propositions were made, accepted and abrogated by mutual consent, the whole transaction relative to the purchase of those lands was settled and finally closed on the tenth day of March, 1791, by Messrs. Phelps and Gorham relinquishing to Massachu- setts that portion of the land, and Massachusetts relinquishing to the said Phelps and Gorham, their bonds for the payment of the purchase money therefor.
On the 12th day of March, 1791, the state of Massachusetts agreed to sell to Samuel Ogden, who was acting for and in behalf of Robert Morris, all the lands ceded to the said state, by the state of New York, except that part thereof which had been conveyed by Massachusetts to Phelps and Gorham. See Sec. Ofice, Mas- sachusetts Exemp. Records, fol. 1.
In conformity with this agreement the state of Massachusetts conveyed to Robert Morris, on the 11th day of May, 1791, the whole of said land in five different deeds-the first including all
those who have only known him in later years, broken in health, as has been observed, it will not be recognized as a faithful likeness; while those who knew him when he had but just passed the prime of life, consider it generally, correct.
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the land on said tract lying east of a meridian line beginning at a point in the north line of Pennsylvania, twelve miles west of the southwest corner of Phelps and Gorham's tract, and running due north to lake Ontario, supposed to contain about five hundred thousand acres. See Sec. Office, Albany, Book of Deeds, 23, fol. 231. The second deed included all the land between the last described tract and a meridian line beginning at a point in the north line of Pennsylvania, sixteen miles west of the southwest corner of the last described tract, thence running due north to lake Ontario. See Sec. Office, Albany, Lib. 23, fol. 234. The third deed included all the land lying between the last mentioned tract, and a meridian line, beginning at a point in the north line of Pennsyl- vania, sixteen miles west of the southwest corner of the last described tract, and thence running due north to the shore of lake Ontario. See Sec. Office, Albany, Lib. 23, fol. 235. The fourth deed contained all land lying beetween the last mentioned tract, and a meridian line, beginning at a point in the north line of Penn- sylvania, sixteen miles west of the southwest corner of the last described tract, and thence running due north to the shore of lake Ontario. See Sec. Office, Albany, Lib. 23, fol. 232. The fifth and last deed included all the land owned by the state of Massachusetts in this state, lying west of the last described tract. See Sec. Office, Albany, Lib. 23, fol. 237. The four last mentioned tracts included about three million, three hundred thousand acres. .
One undivided sixtieth part of the whole of the land included in these five deeds, had been reserved by Massachusetts, in their original agreement with Samuel Ogden, Morris' agent, to meet the demands of John Butler, who had contracted with Phelps and Gorham for the purchase of the same, prior to the surrender of their claim to Massachusetts. Butler, however, subsequent to the surrender, and before the execution of the conveyances above recited, assigned his right to said sixtieth part to Robert Morris, which enabled him to acquire a title to the whole at the same time.
The tract of land described in and conveyed by the first men- tioned deed, took the name of Morris' Reserve, from the fact that he retained that tract in the sale which he afterwards made to the Holland Company. Mr. Morris sold out in parcels from forty, to one hundred and fifty thousand acres each, to wit: he sold to Leroy, Bayard and M'Evers the triangular tract, bounded south-
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casterly by the Phelps and Gorham purchase west of Genesee river, west by a line beginning at the southwest corner of said Phelps and Gorham's tract, and running due north to lake Ontario and north by said lake Ontario, containing about eighty seven thousand acres. The next sale which Mr. Morris made (which was before he sold the land described in the other deeds to the Holland Company,) was one hundred thousand acres to Watson Cragie and Greenleaf, bounded east by said triangular tract, north by lake Ontario, west by a line running parallel with the west line of the triangle and six miles distant therefrom, and south by an east and west line so far south of lake Ontario as that the tract shall contain one hundred thousand acres. This sale was made under the fullest confidence (on what authority it is not known) that the full width of the tract fell on the land described in the first men- tioned deed, executed to Mr. Morris by Massachusetts, which appears to have been an erroneous assumption.
This tract after several transfers, was conveyed in 1801, to the State of Connecticut (being purchased with a portion of their. school fund) and Sir William Pultney, one undivided half each, which was divided between them in 1811, portions of the share of each being interspersed through the whole tract. The lands falling to the one share being called Connecticut lands and to the other Pultney estate lands, although the whole traet is usually designated the Connecticut Tract.
Mr. Morris then sold fifty thousand acres, south of and adjoining the Connecticut Tract to Andrew Cragie. This sale, however, was made after Mr. Morris had sold the land included in the other four deeds from Massachusetts, to the Holland Company, or to persons in trust for them. This tract was bounded cast, partly by the Triangular Tract, and partly by a line run due south from the southern angle thereof, in the whole one hundred four chains and sixty seven links; north by the Connecticut tract six miles; west by a line parallel to, and six miles west from the east boundary of the tract, one hundred four chains and sixty-seven links, and south by an east and west line, parallel to the north bounds of the tract, one hundred four chains and sixty-seven links south therefrom: this is generally called the Cragie Tract. Mr. Morris sold to Samuel Ogden fifty thousand acres described as lying south of, and adjoining the Cragie Tract, and of the same length and breadth:
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this is called the Ogden Tract. He likewise sold one other tract containing fifty thousand acres to Gerrit Cotringer, lying south of, and adjoining the Ogden Tract, of the same length and breadth.
Mr. Morris sold forty thousand acres to Wilhem and Jan Willink, bounded east by the Genesee river, north by Phelps and Gorham's Purchase west of Genesee river, twelve miles; west by a line running due south from the southwest corner of said Phelps and Gorham's Purchase, and south by a line parallel with the north bounds of the tract and so far south as to include forty thousand acres: this is called " The Forty Thousand Acre Tract." Of this tract Mr. Morris sold to John B. Church, one hundred thousand acres, being six miles wide, lying east of, and adjoining the lands sold by him to the Holland Company and extending nearly from the Pennsylvania line to the Cotringer Tract. One undivided half of this traet fell into the hands of the creditors of J. B. Church and the other half became the property of his son Judge Philip Church, which parts have since been separated.
The tract six miles wide, cast of the Cotringer tract and Church's tract, containing one hundred and fifty thousand acres, was sold by Mr. Morris to Samuel Sterrett, and the lands between the Sterrett tract and the forty thousand acre tract, except the Mount Morris tract, part of Gardeau Reservation, &c. is generally known as Morris' honorary creditor's tract. It will be understood that the foregoing mentioned sales as well as that to the Holland Company or their trustees, was made before the Indian title to the lands was extinguished, with an agreement on his part, to effect that object. In regard to the settlement of these several tracts, the Connecticut Traet could not be offered for sale until after its division between Connecticut and the Pultney Estate, in 1811. The owners of the Cragie Tract, Ogden Tract, Cotringer Tract and Sterrett Tract, neglected to put their lands in market, until great progress had been made in settling the adjacent lands west on the Holland Purchase. There were some early settlers on the Triangular Tract, Forty thousand acre Tract, and Church's Tract, but these settlements progressed slowly at first, especially on Church's Tract, the only one of these which joined the Holland Purchase. We know of no reason for the tardy progress of the settlement on Mr. Church's Tract, as the proprietor located himself on the premises in 1804, and expended large sums of money to give it its primary impetus, unless it was that Mr.
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Church, who was educated in Europe and had associated with its aristocracy, was better qualified to support the high character of his hospitable mansion, overflowing with the substantials, and well stored with all the delicacies and luxuries produced in or imported to this region; than to mete out the hills and dales of the earth by the acre, to the huge-framed axe-man, and long-limbed Bill Purdys of the exploring pioneers. Judge Church resides two and a half miles southwest of the village of Angelica, the county town of Alleghany county, at his beautiful country seat, Belvidere, on the banks of the Genesee river.
PART FIFTH.
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CHAPTER I.
HISTORICAL DEDUCTION OF HOLLAND COMPANY TITLE -SURVEYS.
The last four tracts described in the conveyances of the land purchased of Massachusetts by Robert Morris, were conveyed by him by four separate deeds, as follows: Ist, deed from Robert Morris and wife, to Herman Le Roy and John Linklaen, for one and a half million acres, dated December 24th, 1792. 2d, deed from Robert Morris and wife, to Herman Le Roy, John Linklaen and Gerrit Boon for one million acres, dated February, 27th 1793. 3rd, deed from Robert Morris and wife to Herman Le Roy, John Linklaen and Gerrit Boon, for eight hundred thousand acres, dated July 20th, 1793. Deed from Robert Morris and wife, to Herman Le Roy, William Bayard and Matthew Clarkson, for three hundred thousand acres, dated July 20th, 1793.
These tracts were purchased with the funds of certain gentle- men in Holland, and held in trust by the several grantees for their benefit, as they, being aliens, could not purchase and hold real estate, in their own names, according to the then existing laws of the State. After several changes in the trustees, and transfers of portions of the land, sanctioned by the Legislature, the whole tract was conveyed by the trustees by three separate deeds, to the Holland Company, or rather, to the individuals, in their own names, composing three separate branches of that Company .*
Although these deeds of conveyance were given to three distinct companies of proprietors, their interests were so closely blended, several of the same persons, having large interests in each of the three different estates; they appointed one general agent for the whole, who managed the concerns of the tract generally, as though it all belonged to the same proprictors, making
* For a deduction of the title of the Holland Land Company, including a synopsis of those three decds, see Appendix.
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no distinction which operated in the least on the settlers and purchasers, but simply keeping the accounts of each separate, when practicable, and apportioning, pro rata, all expenses when blended in the same transaction for the benefit of the whole. The general agent likewise appointed the same local or resident agent for the three companies owning this tract in Western New York .* The only difference between its consisting of one or more tracts discernable by the purchaser of lands, was, that in executing contracts or conveyances, the agents used the names of the respective proprietors of each tract. Under this state of things, we shall denominate the whole of the proprietors holding under these three deeds, " The Holland Company," and the lands con- veyed by those deeds, the " Holland Purchase."
It is a curious fact, that when the Dutch proprietors were parcel- ling out the tract among the three different branches of the com- pany, it was mutually agreed among the whole, that Messrs. Wilhem Willink, Jan Willink, Wilhem Willink the younger, and Jan Willink the younger, should have three hundred thousand acres, located in such part of the whole tract as they should select. In making their selection, they located their three hundred thousand acres, in nearly a square form, in the southeast corner of the tract, for the reason that it was nearest Philadelphia, the residence of their agent general. This selection contained the territory now composing the towns of Bolivar, Wirt, Friendship, the east part of Belfast, Genesee, Clarksville and Cuba, in Allegany county, Port- ville, and the east parts of Hinsdale and Rice in Cattaragus county. This location will give the reader who is acquainted with the localities of the country, some idea of the knowledge, or rather want of knowledge, of the Dutch proprietors, of the situation and relative advantages of the different portions of their vast domains.
This sale by Robert Morris to the Holland Company was made before the Indian title to the land was extinguished, accompanied by an agreement on his part to extinguish that title, with the assist- ance of the Company, as soon as practicable; therefore at a council of the Seneca Indians, held at Geneseo, on Genesee river, in the month of September, 1797, at which Jeremiah Wadsworth attended as Commissioner for the United States, and William Shepherd as
* The same proprietors or a portion of them, owned tracts of land in the middle section of this state and in Pennsylvania which was under the supervision and control of other local or resident agents.
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agent for Massachusetts, Robert Morris in fulfilment of his several contracts with the Holland Company, and the other persons to whom he had sold land on this tract, acting by his agents, Thomas Morris and Charles Williamson, extinguished the Indian title to all the land, the pre-emption right of which he had purchased of Mas- sachusetts, except the following Indian Reservations, to wit: The Cannawagus reservation, containing two square miles, lying on the west bank of Genesee river, west of Avon. Little Beard's and Bigtree reservations, containing together four square miles, lying on the west bank of Genesee river opposite Genesco. Squakie Hill reservation, containing two square miles, lying on the north bank of Genesee river, north of Mount Morris. Gardeau reservation, con- taining about twenty-eight square miles, lying on both sides of Genesee river, two or three miles south of Mount Morris. The Canadea reservation, containing sixteen square miles, lying each side of, and extending eight miles along the Genesee river, in the county of Allegany. The Oil Spring reservation, containing one square mile, lying on the line between Allegany and Cattaragus counties. The Allegany reservation, containing forty-two square miles, lying on each side of the Allegany river, and extending from the Pennsylvania line northeastwardly about twenty-five miles. The Cattaragus reservation, containing forty-two square miles, lying each side and near the mouth of Cattaragus creek, on lake Erie. The Buffalo reservation, containing one hundred and thirty square miles, lying on both sides of the Buffalo creek, and extend- ing east from lake Erie about seven miles wide. The Tonawanda reservation, containing seventy square miles, lying on both sides of the Tonawanda creek, beginning about twenty-five miles from its mouth, and extending eastwardly about seven miles wide; and the Tuscarora reservation, containing one square mile, lying about three miles east of Lewiston, on the Mountain Ridge.
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