USA > New York > Monroe County > Rochester > Settlement in the West : sketches of Rochester with incidental notices of western New-York > Part 13
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48
The revival of the claim by Connecticut in 1750 produced some difficulty about the period of the revolutionary war. The claim covered much of the southern portion of New- York, the northern part of Pennsylvania, and thence west- ward, including what is now known as the Connecticut Re- serve in Ohio. In consonance with this claim, a colony from Connecticut settled on a tract lying beside the Susque- hannah, within the limits of Pennsylvania. The tragical fate of this colony has rendered Wyoming celebrated in his- tory and song. The controversy between Connecticut and Pennsylvania, which continued from 1750 down to a recent period, was finally settled in favour of the latter, under con- ciliations and restrictions determined by special acts of the Pennsylvania Legislature and the decisions of the Supreme Court of the Union .- (Am. Enc.)
Settlements under Connecticut grants were also made within the present limits of the State of New-York, on a nar- row strip of land along the northern boundary of Pennsylva- nia. The people of this state, having amicably arranged a similar difficulty with Massachusetts, were not disposed to permit a continuance of the claims of Connecticut after the arrangement of boundary made in 1733, and after Connecti- cut (in common with Pennsylvania) had refused to contribute
136
SKETCHES OF ROCHESTER, ETC.
any share of the expenses incurred by intercourse with the Six Nations in the French war-the Legislature of Connec- ticut having declared in 1746 that it was " unreasonable for New-York to expect from them the assistance desired, inas- much as those Indians were within the territory and govern- ment of New-York."-(Smith's Hist.) The feelings with which the claims of Connecticut were viewed by the Legis- lature of New-York are sufficiently indicated by the pre- amble and provisions of the law of March, 1796.
After stating that " certain persons, under pretence of title derived from a quit-claim grant from the State of Connecti- cut, for a considerable extent of territory within this state, endeavoured, by various improper practices, to draw into question the jurisdiction of this state over the said territory, excite opposition to the lawful authority thereof, and defame the titles of persons holding lands by grants from the colony or State of New-York," the law provided that, if any person should intrude or settle upon lands in this state, under titles derived from Connecticut by reason of the claim above-men- tioned, such persons should be deemed as holding such lands by a foreign title against the sovereignty of this state; that the Governor should take prompt measures for removing all such intruders and destroying their buildings; and that he should be authorized to call out the militia for the purpose, if necessary. Fine and imprisonment were denounced against persons who should buy or sell any grants under this claim of Connecticut, with the addition that any citizen of New- York so offending should be disabled for ever from electing or being elected to any office or trust within the state. The sheriffs of Otsego, Tioga, and Ontario were specially charged to report to the Governor the names of all offenders within their limits, which then swept along the north line of Penn- sylvania to Lake Erie. It was likewise provided that the Governor should direct the attorney-general to defend all suits which might be instituted against any of our citizens by persons claiming under the pretended right of Connecticut.
Suits were instituted by the Connecticut claimants, not in the tribunals of this state, but in the United States Court at Hartford. This movement was encountered by a severe law on the part of the New-York Legislature, passed in August, 1798, to the effect that,
" As evil-minded persons, under pretence of authority from other states or from the general government of the
137
THE LANDS OF THE SIX NATIONS.
United States, to serve process within the State or District of New-York, had excited disturbances among the citizens of this state ; and as much mischief is apprehended from such practices by means that our citizens are called out of their proper jurisdiction to answer such illegal processes, and may be much harassed in defending the same; and as the entire jurisdiction of this state ought to be preserved and respect- ed-
" Therefore, persons executing such process were declared guilty of high misdemeanour (should they presume to come within the state without authority from the United States), subject to the state prison for seven years, at hard labour or solitude, or both, at the discretion of the court ; and, to cause the law to be rigidly enforced, any citizen of the state should be paid $500 for causing the apprehension of each transgres- sor."
The suits brought in the United States Court for Con- necticut District, sitting at Hartford, were quashed after ar- guments from Gen. Hamilton and Colonel Burr denying the jurisdiction of the court. Lawrence Parsons and Pierpont Edwards were the counsel for Connecticut.
But, though the question was thus disposed of on techni- cal grounds rather than on its merits, it was not revived in the face of the severe penalties denounced by the State of New-York against any persons within our limits who should attempt to carry out the views of Connecticut upon the dis- puted territory.
In connexion with this subject, it may be added, that the Connecticut delegates in Congress in 1786, by authority of their state legislature, relinquished all claim under their colonial charter to lands lying west of a north and south line 120 miles west of the west boundary-line of the State of Pennsylvania, " as now claimed by that state :" the space included in that distance, and between the same parallels of latitude that formed the north and south boundaries of Con- necticut Proper, was afterward known as the Western Re- serve; and the sales. of land in which tract, containing 3,300,000 acres, enabled Connecticut to boast of her ample school-fund.
But the terms of this cession were not satisfactory to Congress. Serious controversies having been continued, as we have seen, by the claims which Connecticut could, not inconsistently with that cession, put forth against states lying
12*
138
SKETCHES OF ROCHESTER, ETC.
between her own proper boundaries (agreed on in 1733) and the territory which she reserved west of Pennsylvania. By an act of April, 1800, Congress significantly authorized the President to release all claims of the United States to the soil of the Western Reserve, on condition that Connec- ticut should for ever relinquish all claim of jurisdiction over all lands west, northwest, or southwest of the boundary-line agreed on in 1733 between New-York and Connecticut: In the same year the Legislature of Connecticut promptly com- plied with the suggestions of Congress, renouncing all ter- ritorial and jurisdictional claim whatever to any lands west of the eastern boundary of the State of New-York, excepting only from this renunciation the claim to the soil of the West- ern Reserve, the jurisdiction of which reserve was also ordered to be formally released to the United States, and was afterward vested in the State of Ohio, of which state this reserve forms the northeastern part.
And Virginia having previously surrendered all her large claims, thus peaceably was terminated all controversy be- tween individual states and the United States respecting the invaluable region northwest of the Ohio-a region in which new states have arisen with a vigour and suddenness indic- ative of the energy of our countrymen and the excellence of our institutions. Thus was formed the arrangement by which Connecticut, like Massachusetts, relinquished politi- cal jurisdiction over regions through which their emigrant sons have largely aided in founding states wherein the MORAL INFLUENCE OF NEW-ENGLAND will be felt when time shall have swept other empires from the earth.
·
Statement relative to Indian Annuities now payable by the State of New- York, furnished by A. C. Flagg, the Comptroller.
Oneida Nation,
$5169 28
1 Christian Party of same,
1322 43
120 85 2
Pagan Party
332 48
$6945 04
Onondagas residing at Onondaga, 1430 00
66 at Buffalo, 1000 00
2430 00
Cayugas,
2300 00
Senecas,
500 00
Posterity of Fish-carrier, a Cayuga chief,
50 00 .
St. Regis Indians, .
2398 33
Brothertown Indians,
2142 79
Stockbridge
371 00
SUBDIVISIONS OF WESTERN NEW-YORK.
THE HOLLAND PURCHASE.
Some of the most important arrangements of the tract transferred by Massachusetts to Phelps and Gorham (in- cluding the site of the City of Rochester) are traced in the following " Deduction of Titles to the several Tracts of Land in the State of New-York composing the section of country called the Holland Purchase," furnished by authority of the Company some years ago.
The present importance of the territory may render this information generally interesting, while, for purposes of ref- erence, the statements imbodied here may save many from the trouble of seeking it in a less accessible form :-
The title to a large portion of the territory within the now acknowledged limits of the State of New-York, including the whole of the Genesee country, was a subject of contro- versy between the provinces of New-York and Massachu- setts, both as to the right of property and he right of juris- diction, prior to the revolution-the disputed territory being claimed by each province in virtue of ancient grants and charters under the crown of England.
King James I., in 1620, granted to the Plymouth Com- pany a tract of land called New-England, running through the continent from the Atlantic to the Pacific Ocean ; part of which, also extending to the Pacific, was granted to Sir Henry Roswell and his associates, called the Massachusetts Bay Company.
The first charter of Massachusetts, granted by King Charles I. in 1628, appears to have been vacated by quo warranto in 1684. A second charter was granted by Wil- liam and Mary in 1691, in which the territorial limits of the province, although differently bounded, are also made to ex- tend westwardly to the Pacific Ocean.
140
SKETCHES OF ROCHESTER, ETC.
The Province of New-York was granted in 1663 by Charles II. to the Duke of York and Albany (afterward King James II.), who subsequently granted to Berkeley and Carteret the Province of New-Jersey. The remainder of the country comprehended in the grant of King Charles II. constituted the Province of New-York, which always claimed to extend her limits, both as to the right of property and ju- risdiction, as far north as the bounds of Canada.
Of the territory which, by the treaty of peace of 1783, was ceded by Great Britain to the United States in their col- lective capacity, each of the individual states claimed such portions as were comprehended within their original grants or charters.
Massachusetts consequently laid claim to a strip of land extending to the westerly bounds of the United States, thus dividing the State of New-York into two parts.
The Legislature of Massachusetts, by two acts passed 13th November, 1784, and 17th March, 1785, authorized a cession by their delegates in Congress to the United States of such parts of the territory between the Hudson and Mis- sissippi Rivers as the delegates might think proper ; under which authority a deed of cession was executed by the del- egates on the 18th of April, 1785.
By this deed all the territory lying westward of a merid- ian line to be drawn from the latitude of forty-five degrees nortlı, through the most westerly bend of Lake Ontario, or a meridian line drawn through a point twenty miles due west from the most westerly bend of the Niagara River (which ever line should be found to be most to the west), was ceded to the United States.
The State of New-York had previously limited her west- ern boundary to the same line-an instrument to that effect, dated 1st March, 1781, having been executed by her dele- gates in Congress, under the authority of an act passed 19th February, 1780.
The acceptance of these cessions by the United States may be considered as a full recognition of the rights of Mas- sachusetts and New-York to such of the territories within the limits of their respective charters as were not included in the cessions ; but the interfering claims of the two states as to those territories being left still unsettled, they were brought under the cognizance of Congress in pursuance of the articles of confederation, and a court was instituted to
141
SUBDIVISIONS OF WESTERN NEW-YORK.
decide thereon according to the provisions of the ninth arti- cle : But no decision was made by that tribunal, the con- troversy being finally settled by the convention between the two states, concluded at Hartford on the 16th of December, 1786.
By this arrangement Massachusetts ceded to New-York all claim to the government, sovereignty, and jurisdiction of the lands in controversy ; and New-York ceded to Massa- chusetts and to her grantees, and to their heirs and assigns for ever, the right of pre-emption of the soil from the native Indians, and all other the estate, right, title, and property of New-York, except the right and title of government, sover- eignty, and jurisdiction (among others) to all the lands within the following limits and bounds, viz. : " Beginning in the north boundary-line of the State of Pennsylvania, in the par- allel of forty-two degrees of north latitude, at a point distant eighty-two miles west from the northeast corner of the State of Pennsylvania, on Delaware River, as the said boundary-line has been run and marked by the commission- ers appointed by the States of Pennsylvania and New-York respectively, and from the said point or place of beginning running on a due meridian north to the boundary-line be- tween the United States of America and the King of Great Britain ; thence westerly and southerly along the said bound- ary-line to a meridian which will pass one mile due east from the northern termination of the strait or waters between Lake Ontario and Lake Erie; thence south along the 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 from the parallel to the said strait to Lake Erie ; thence dne west to the boundary-line between the United States and the King of Great Britain ; thence along the said boundary-line until it meets with the line of cession from the State of New-York to the United States ; thence along the said line of cession to the northwestern corner of the State of Pennsylvania ; and thence east along the northern bound- ary-line of the State of Pennsylvania to the said place of be- ginning."
The meridian line which forms the eastern boundary of this cession passes through the Seneca Lake; so that, within the limits of the ceded territory, as defined in the foregoing account, are comprehended all the lands at any
142
SKETCHES OF ROCHESTER, ETC.
time owned or claimed by the Holland Land Company, in the western part of the State of New-York.
The State of Massachusetts, by a resolve of the Legislature passed 1st April, 1788, contracted to sell to Oliver Phelps and Nathaniel Gorham the right of pre-emption in all the tract of country. ceded by the Convention of the 16th of De- cember, 1786. On the Sth of July, 1788, Gorham and Phelps made a treaty with the Indians, by which the Indian claim to a part of the ceded territory was released to Gor- ham and Phelps.
The part so released is thus described in the treaty- " Beginning in the northern boundary-line of the State of Pennsylvania, in the parallel of 42º N., at a point distant 82 miles from the northeast corner of Pennsylvania on Delaware River ; thence running west upon the said line to a meridian passing through the point of land made by the confluence of the Shanahasgwaikon [or Canaseraga] Creek with the waters of the Genesee River; thence north along the said meridian to the point last mentioned ; thence north- wardly along the waters of the Genesee River to a point two miles north of Canawagus village [near Avon] ; thence due west 12 miles; thence in a direction northwardly so as to be 12 miles distant from the most westward bend of the Genesee River to Lake Ontario ; thence eastwardly along the said lake to a meridian which will pass through the place of beginning, and thence south along the said meridian to the place of beginning."
This tract was confirmed to Gorham and Phelps by an act of the Legislature of Massachusetts, passed 21st No- vember, 1788.
Gorham and Phelps having afterward failed to fulfil the terms of their contract, on the 15th of February, 1790, made proposals in writing to the Legislature of Massachusetts, offering to surrender two thirds in quantity and value of the whole of the contracted lands-two of their three bonds for £100,000 each (given for the purchase-money) being can- celled-the tract released by the Indians was to be retained by Gorham and Phelps, although the contents should exceed one third of the whole, and in such case the surplus was to be paid for in money, at the average price of the whole.
Further proposals were submitted by Gorham and Phelps on the 26th February and on the 1st March, 1790, which, taken together, were accepted by the Legislature, but reserv-
143
SUBDIVISIONS OF WESTERN NEW-YORK.
ing to themselves the right of accepting in preference, at any time within one year, the previous proposals of 15th Febru- ary, 1790. An indenture was accordingly entered into be- tween Massachusetts and Gorham and Phelps, dated 9tlı June, 1790, by which, after reciting the proposals of 15th and 26th of February, and 1st of March, 1790, and the proceedings of the Legislature thereon, Gorham and Phelps released to Massachusetts two equal undivided third parts of the whole tract of country ceded by New-York-provided that, in the partition thereof, Gorham and Phelps's one third should be assigned to them within the limits of their pur- chase of the Indians ; and that, if that purchase should in- clude more than one third of the whole, they (Gorham and Phelps) should pay for the surplus. The deed contained also covenants for the purchase by Gorham and Phelps of two fourths of the two thirds so released pursuant to the propo- sals of 26th February, 1790 ; but it was nevertheless pro- vided and mutually agreed, that Massachusetts or her as- signs should and might, at any time within one year next ensuing the 5th day of March then last past, assume and hold (giving notice thereof to Gorham and Phelps) the whole of the two third parts of the lands thereby released, subject only to the claims of Gorham and Phelps to the said surplus, according to the proposals of the 15th February, 1790. In pursuance of the right thus reserved to Massachusetts, the Legislature, by a concurrent resolution, passed in the Senate on the 17th, and in the House of Representatives on the 18th of February, 1791, declared their election that the two third parts of said lands should remain the exclusive property of the commonwealth, of which resolution notice was given to Gorham and Phelps on the 19th February, 1791, by the Secretary of the Commonwealth. It is understood that the tract described in the Indian release exceeded both in quan- tity and value one third of the whole territory. That tract, with the exception of the parts sold, and two townships re- served by Gorham and Phelps, was subsequently sold by them to Robert Morris, and is described in the conveyance, dated 18th November, 1790, as containing 2,100,000 acres. The whole transaction in relation to Gorham and Phelps's purchase was finally settled by an indenture entered into be- tween them and Massachusetts, dated 10th March, 1791-in pursuance of which, the balance due from Gorham and Phelps, in respect to their retained portion of the entire territory,
144
SKETCHES OF ROCHESTER, ETC.
was paid on the 6th April, 1813, and entered in the treasu- rer's books.
By a concurrent resolution of the Legislature of Massa- chusetts, passed on the 8th March, 1791, and duly approved by the Governor, a committee of each branch was appointed, with power to negotiate a sale to Samuel Ogden of all the lands ceded to that state by the State of New York, except- ing such parts thereof as had been previously granted to the United States, and such parts thereof as then belonged to Nathaniel Gorham and Oliver Phelps, their heirs or as- signs, by virtue of any grant or confirmation of the Common- wealth of Massachusetts,* and reserving one equal undivi- ded sixtieth part of the unexcepted lands.t The committee was composed of Samuel Phillips, Nathaniel Wells, David Cobb, William Eustis, and Thomas Davis, who, in pursu- ance of the powers thus delegated to them, concluded, and, on the 12th of March, 1791, entered into, and executed a written contract of sale, in the form of an indenture, with Samuel Ogden, by which, on behalf of Massachusetts, they covenanted, upon the terms and conditions therein specified, to convey to him or his assigns all the estate and interest of that commonwealth in the lands referred to in the forego- ing resolution.
In pursuance of this contract, the above-named commit- tee, by deed-poll dated 11th May, 1791, conveyed to Robert Morris, as the assignee under Samuel Ogden of the cove- nants contained in the deed of the 12th March, 1791, a tract of land containing about 500,000 acres, bounded westerly by a meridian line drawn from a point in the north line of Pennsylvania, distant twelve miles west from the southwest corner of the land confirmed to Nathaniel Gorham and Oli-
* The first of these exceptions refers probably to the cession of the 19th April, 1785, by which Massachusetts ceded to the United States all her claims to lands lying west of a meridian line to be drawn from lat. 45º N. through the most westerly bend of Lake Ontario. The second exception refers to a tract of land within the bounds of the ter- ritory ceded by New-York, which had been previously granted and con- firmed to Gorham and Phelps.
t This reserved sixtieth part was afterward conveyed to Robert Mor- ris by the State of Massachusetts. This reservation, in the original sale to Morris, was caused by a contract made by Gorham and Phelps (prior to the surrender of their claims to Massachusetts) for the sale of one sixtieth of the entire territory to John Butler. Butler subsequently assigned his right to this one sixtieth to Robert Morris, who was thus enabled to acquire a title from Massachusetts.
145
SUBDIVISIONS OF WESTERN NEW-YORK.
ver Phelps, to the line in Lake Ontario which divides the dominions of Great Britain and the United States ; northerly by said dividing line ; easterly by land confirmed to Gor- ham and Phelps; and southerly by the north line of Penn- sylvania.
This tract forms no part of the land subsequently pur- chased of Robert Morris, for the benefit of the Holland Land Company ; but as its westerly bounds form the easterly bounds of those purchases, it is so far connected with the Company's title.
The lands of the Holland Land Company are embraced in four deeds of conveyance executed to Robert Morris by the above-named committee, all dated 11th of May, 1791, each reciting the contract with Samuel Ogden, as contained in the instrument of the 12th March, 1791, together with his release of the covenants contained in that instrument, and his agreement that the lands therein described should be conveyed to Robert Morris, each reserving one undivided sixtieth part of the premises therein described, and severally conveying each a distinct tract of land supposed to contain 800,000 acres. The following are the tracts so con- veyed :-
1. The First Tract begins on the north line of the State of Pennsylvania, at a point distant twelve miles west from the southwest corner of land confirmed by the Common- wealth of Massachusetts to Nathaniel Gorham and Oliver Phelps ; thence running west, on the Pennsylvania line, six- teen miles ; thence north, on a meridian line, to the dividing line between the United States and the dominions of Great Britain ; thence easterly, on said dividing line, until it comes to a point from which a meridian line will fall upon the point of beginning ; and thence on the same meridian line to the place of beginning-consideration, £15,000. This tract comprehends Ranges I., II., and III., as laid down in the map of J. and B. Ellicott's survey of the Holland Purchase.
2. The Second Tract begins on the north line of the State of Pennsylvania, at a point distant 28 miles west from the southwest corner of the land confirmed to Gorham and Phelps ; thence running west on the Pennsylvania line six- teen miles ; thence north to the boundary-line of the United States ; thence easterly along that line to a point whence a meridian line will fall on the point of beginning ; and thence south on that meridian to the place of beginning-consider-
13
146
SKETCHES OF ROCHESTER, ETC.
ation £15,000. This tract comprehends Ranges IV., V., and VI., as laid down on Ellicott's map.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.