USA > New York > Monroe County > Rochester > Settlement in the West : sketches of Rochester with incidental notices of western New-York > Part 15
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157
SUBDIVISIONS OF WESTERN NEW-YORK.
The execution of this law depended upon contingencies which caused considerable delay ; for the Indian title to the tract was then unextinguished by any treaty, no lands (save a tract between Unadilla and Chenango Rivers, &c.) having been acquired from the Indians by the state till 1788-9, when the Oneidas, Cayugas, and Onondagas sold their ter- ritories, which extended to the west bounds of the tract set apart for military bounty-lands-the land westward of which belonged to Massachusetts and the Senecas, and to those who, like Phelps and Gorham, purchased the respective rights of that state and of the Seneca tribe, of which particu- lars are elsewhere given under appropriate heads.
1786. The preamble of a law of the 5th May, 1786, set forth that, as the settlement of the unappropriated lands in the state, in the manner directed by former laws, was sub- ject to great embarrassment and inconvenience, and produc- tive of much controversy-expediency demanded a speedy disposal of the tracts owned by the state. One of the pro- visions of this law was to this effect : that, as sundry loca- tions of military bounty-lands had been made on lands of the Onondaga, Cayuga, and Seneca nations, and as attempts to settle such lands inight involve the state in controversy with those Indians, patentees were authorized to withdraw their locations, and to locate on lands which might be prepared (but before they should be offered) for sale under this act, excepting on lands bought from the Oneida Indians, and ex- cepting also the tract between Chenango and Unadilla Rivers, bought on the 28th of June, 1785, and also excepting va- cant lands in the southern district.
1786. As there seemed to be little prospect of soon ex- tinguishing the Indian title to the tract in Western New- York, originally designated for the payment of military bounties, the Legislature appropriated twelve northern town- ships (now in the counties of Clinton, Franklin, and Essex) to satisfy the claims of such of the patentees as were becom- ing impatient for locations. These twelve townships were each ten miles square-making an area of 1200 square miles, or 768,000 acres. The land thus allotted is some- times called the " Old Military Tract ;" but, as the Indian title to the other tract was soon after (in 1789) extinguished by the state, the grants to the revolutionary soldiers were chiefly located on the lands of the Onondagas and Cayugas.
1789. On the 28th of February, 1789, an act was passed
14
158
SKETCHES OF ROCHESTER, ETC.
for appropriating the lands devoted to the payment of the revolutionary soldiers, the Indian title to which lands had at length been extinguished by treaties with the Onondagas and Cayugas. ' 'The State of New-York thus redeemed the pledge given to the revolutionary soldiers by the act of the 25th of July, 1782. The terms of the arrangements with the Indians are stated elsewhere in this volume.
The. MILITARY TRACT was accordingly surveyed into twenty-eight townships, each township embracing 100 lots of 600 acres, exclusive of reservations-an area of land equal to 1,680,000 acres-which tract was,
On the 5th of March, 1794, erected into a separate county called ONONDAGA-the county courts were ordered to be held alternately at Manlius and in Scipio (the latter place being in what is now Cayuga county), and the prisoners to be kept in Herkimer jail till otherwise ordered.
This Military Tract, or old Onondaga county, has been subdivided into several counties, viz. : Courtland, Tompkins, Cayuga, and Seneca, and partly into Oswego and Wayne.
. This great tract embraces the Cayuga, Onondaga, Skan- eateles, Owasco, Otisco, and Cross Lakes, and several smaller lakes or ponds, part of Seneca Lake, the whole length of Seneca River, part of the lakes and streams on its boundaries, and many small streams of great value-as are its soil, products, and the singular opulence of its miner- alogy-salt, gypsum, marl, lime, water-lime, iron ore, &c.
Although the "Military Tract" may be truly considered as " a proud and splendid monument of the gratitude of New- York to her revolutionary heroes," the soldiers whose patri- otic valour earned the reward, in many cases realized little from the bounty of their country. Some of those who know the present value of 600 acres of Onondaga lands, may be surprised and grieved to learn that the patents for that quan- tity were frequently sold at rates varying from $8 to $30 each for about ten years after the revolutionary war !
Some of the statements of Maude, a traveller from whose work various quotations are made in this volume, may be noticed here as illustrative of the subject of the foregoing re- marks :-
" I had now (in the year 1800) entered upon the Military Townships, which the State of New-York had granted to the officers and soldiers who had served in their line during the war. Each soldier had a patent made out for 600 acres.
159
SUBDIVISIONS OF WESTERN NEW-YORK.
These patents were soon bought up by greedy speculators, who very rarely gave more than eight dollars, or half a joe, for each patent of six hundred acres, now (1800) selling at from three to six dollars per acre ! "T'is true [some of] the soldiers sold their patents many times over-perhaps once a week .*
" Congress, by an act of the 16th of September, 1776, re- solved that a bounty of land should be given to the Conti- nental Army, viz. :
Private and non-commissioned officer,
Acres. 100
An Ensign,
150
Lieutenant,
200
Captain,
300
Major,
400
Lieutenant-colonel,
450
Colonel, .
500
" And by an act of the 12th of August, 1780- Brigadier-general,
850
Major-general, 1100
" The State of New-York, undertaking to provide for her own citizens serving in the army of the United States, passed an act on the 27th of March, 1783, which granted to them a quantity of land fivefold in addition to the grant of Congress -making their proportion as follows :-
Acres.
Private and non-commissioned officer,
600
An Ensign,
900
Lieutenant,
·
1200
Captain,
1800 .
Major,
.
2400
Lieutenant-colonel,
.
2700
Colonel,
. 3000
Brigadier-general,
5100
Major-general,
6600
" In 1788, the current price for a soldier's right was eight dollars : in 1792, they had risen to thirty ; and they are
* These irregularities occasioned great difficulties in the early settle- ment of the country ; and so great was the evil, that a board of com- missioners existed for several years for the purpose of arbitration be- tween contending claimants. Gen. Vincent Mathews, then of Tioga, but now a resident of Rochester, was a member of the board intrusted with this delicate authority,
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SKETCHES OF ROCHESTER, ETC.
now, in 1800, even those in a wild unimproved state, worth from three to five dollars per acre."
THE TRIANGLE TRACT. -
)
The history of this tract is intimately connected with that of the Millyard Tract-the twelve by twenty-four miles originally granted by the Indians for the convenience of a mill at Genesee Falls; next westward of which " millyard" the Triangle Tract is located. It was agreed between Phelps and Gorham and the Indians, that the " millyard" should be bounded eastwardly by the Genesee River, south by a line running from a point on the river about Avon west twelve miles, and thence the western boundary should run northwardly to the Lake Ontario, which was the northern boundary. It was then supposed by some that the general course of the Genesee River from Avon was west of north ; and some misunderstanding appears to have temporarily ex- isted between Phelps and the Indians as to the running of the western boundary ; whether it should run parallel with the general course of the river (and twelve miles distant therefrom), or due north from the southwesterly point of be- ginning twelve miles west of Avon. The western line was run by Hugh Maxwell due north from the last-mentioned point. But, as the river enters Ontario east of north from Avon, the northern termination of Maxwell's line was more than twelve miles from the river at its junction with the lake. The matter was soon afterward arranged by a survey which was made by the venerable Augustus Porter (who is still living at Niagara Falls), and who ran the west line con- formably to the northeasterly course of the river from Avon, said line being as nearly as practicable twelve miles west of the general course of the stream in that distance. Thus was created what is called the Triangle Tract (the base resting on Lake Ontario), between the new and the old west lines of . the " millyard"- said triangle containing about 87,000 acres, and forming the towns of Clarkson and Sweden in Monroe county, and parts of Bergen and Le Roy in Genesee county. Robert Morris, who bought from Massachusetts certain lands relinquished by Phelps and Gorham, sold this " Triangle Tract" to Le Roy, Bayard, and M.Evers.
161
SUBDIVISIONS OF WESTERN NEW-YORK.
Before this west line was rectified as it now stands, Rob- ert Morris sold the tract next west of it, known as
The 100,000-acre Tract (now partly called the Connecticut Tract)
To Andrew Craigie, James Watson, and James Greenleaf, for $37,500; Craigie having one half and Watson and Greenleaf each one quarter. Watson sold his interest to Greenleaf; Greenleaf sold " an equal undivided half of the 100,000 tract" to Oliver Phelps in 1794 ; Phelps sold his " two equal undivided fourth parts of the 100,000 tract" to Dewitt Clinton in 1795, taking mortgages upon the land for a part of the purchase-money due from Mr. Clinton. The lands reverted from Mr. Clinton to Mr. Phelps by a sale made under the mortgages from the former to the latter ; were afterward (in 1801) sold to Dudley Saltonstall, and immedi- ately afterward released by said Saltonstall to Mr. Phelps. In April, 1801, Mr. Phelps sold an " undivided half of the 100,000-acre tract" to the State of Connecticut-considera- tion, $125,000-being an investment of part of the school- fund of that state.
The other half of the 100,000-acre tract, that originally bought by Craigie from Robert Morris, was sold by Craigie to Charles Williamson and Thomas Morris in 1796; Morris in 1800 released his interest to Williamson, and the latter in 1801 deeded " an equal undivided half of the 100,000- acre tract" to Sir William Pulteney ; from Sir William the title descended to his only child, the Countess of Bath ; from her to Sir John Lowther Johnstone, her heir ; and a release from Sir John to the State of Connecticut was executed (by Robert Troup, his attorney, for a nominal consideration) " to carry into effect a division of the 100,000-acre tract among the parties or tenants in common," &c. The division was accordingly consummated between the Pulteney Estate and the State of Connecticut in 1811.
Thus much for the early arrangements of important minor tracts (minor as compared with the Holland Purchase or Pulteney Estate) westward of the celebrated " Millyard," wherein the City of Rochester has sprung into existence.
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162
SKETCHES OF ROCHESTER, ETC.
BOUNDARIES ALLUDED TO.
Property Line-Pre-emption Line-Pennsylvania Line.
As these terms are occasionally used in this work, some explanation of them may be proper.
1768. The " PROPERTY LINE" was drawn by an agree- ment between Sir Wm. Johnson and the Six Nations in 1768 -to prevent collisions between the white and red men on the score of boundary in this (then) colony. The treaty for this purpose was seen by De Witt Clinton in possession of his uncle George Clinton, but we have not been able to as- certain, even from the records in the State Department at Albany, the particular provisions of that instrument. A note from O. L. Holley, the present surveyor-general, fur- nishes us with the following information concerning the line which thus bounded the possessions of the colonists of New-York from the territories of their Indian dependants westward :----
" On a map (No. 51) in this office, of the easternmost range of lots in the old township of Clinton, now part of the town of Bainbridge in Chenango county, the line about which you inquire, and which is the eastern boundary of the lots referred to, is laid down as running 'North 4º 47' east.' The map was made by John Cox, in November, 1787, from actual survey. The northern end of the Prop- erty Line is at the confluence of the Unadilla River with the Susquehannah." Our impression was that the line con- tinued in the same direction northward to and beyond the Mohawk, &c.
1790-1801. The PRE-EMPTION LINES-for there are two of that name-originated thus : Although the dispute be- tween Massachusetts and New-York respecting territory had been amicably arranged in 1787 by an agreement which bestowed on Massachusetts the pre-emptive right to the soil of the territory of New-York westward of a north and south line running through Seneca Lake (the right of jurisdiction being conceded to New-York), the easterly line of this pre- emptive tract was not run till after Massachusetts had sold her claim to Phelps and Gorham. It was then agreed be- tween Phelps and Gorham (or those who bought the tract from them), and " the Lessees" who claimed the lands of the Six Nations by virtue of extraordinary leases for 999 years
163
SUBDIVISIONS OF WESTERN NEW-YORK.
(of which an account is given under the caption of " A New State Projected"), that the survey should be made by two surveyors-Hugh Maxwell on the part of the first-mentioned party, and a Mr. Jenkins in behalf of the Lessees.
These surveyors started from a point on the Pennsylvania Line, and proceeded together till the provisions were nearly exhausted. When within about twenty miles from Geneva, and a few miles below what was called Hopetown (near to the creek by which the Seneca Lake receives the waters of Crooked Lake), one of the surveyors (Maxwell) went to Geneva for supplies-Jenkins meanwhile continued running the line ; and it was while he was thus alone that a slight jog occurred in the line, the prolongation of which north- ward threw Geneva (the settlements at which had already attracted some attention) on the east side of the boundary- that side whereon it was most agreeable to the interests of Jenkins's employers that it should continue. Maxwell re- turned with provisions and resumed the survey when with- in about ten miles of Geneva ; and, unconscious of the devi- ation which occurred in his absence, he aided in running the boundary so that it passed somewhat westward of Geneva. The present site of the village of Lyons and the whole of Sodus Bay were also thrown eastward of the line thus run out. The variation of the compass was, however, the cause of a far greater error in running this line than resulted from the covetousness of possessing Geneva, &c. One of the surveyors of the Holland Company informed Maude in 1800 that they " put no dependance now on the Mariners' Com- pass in surveying land-that it will frequently give an error of sixty rods, or three hundred and thirty yards in ten miles- that it gave an error of 84,000 acres in running the east line of Captain Williamson's Purchase [or rather the Pulteney Estate, for which W. was agent-the land sold by Phelps and Gorham to Robert Morris, and by him to Sir William Pulteney], which was not discovered till after the deeds were signed and the money paid." It is added that " the difference was, however, generously yielded up by Mr. Morris to Captain Williamson [for the Pulteney Estate], who otherwise would not only have lost this quantity of land, but would have been cut off from Sodus Bay, Seneca Lake, [with Geneva], and the excellent situation of Hopetown Mills on the outlet of the Crooked Lake," a little eastward of what is now called Pen-Yan.
164
SKETCHES OF ROCHESTER, ETC.
The State of New-York having compelled " the Lessees" to abandon their claims (of which some particulars are already given), disposed of some portions of land about Geneva and elsewhere, which were found, on the running of the new and correct pre-emption line in 1801, to be within the limits originally assigned by compromise to Massachu- setts, whose right had passed through Phelps. and Gorham and Robert Morris, into the possession of Capt. Williamson, agent of the Pulteney Estate, of which estate the land in question has since formed a part.
Some of these particulars were communicated to us by AUGUSTUS PORTER, Esq., of Niagara Falls, one of the ear- liest pioneers of Western New-York, who assisted in run- ning the new pre-emption line in company with Joseph Elli- cott, the first agent of the Holland Land Company.
1786. As frequent reference is made to the milestones on the PENNSYLVANIA LINE, it may be well to state that the first ninety miles of the boundary had been marked in Octo- ber, 1786, by agreement between James Clinton and Simeon Dewitt in behalf of New-York, and Andrew Ellicott on be- half of Pennsylvania. The agreement states that, for the purpose of running and marking a jurisdiction line between the said states, to begin at the River Delaware, in 42º north latitude, and to continue in the same parallel of forty-two degrees to the western extremity of the said states, the com- missioners finished ninety miles of the said boundary-line, extending from the River Delaware to the western side of the south branch of the Tioga River, and marked the same with substantial milestones.
In 1787 it was agreed between commissioners in behalf of the States of New-York and Pennsylvania, that the "ju- risdiction-line" between those states in the parallel of forty- two degrees north latitude, beginning at the River Delaware and extending to a meridian line drawn from the southwest corner of the Commonwealth of Pennsylvania, should be extended from the 90th milestone to Lake Erie, and marked in a permanent manner by milestones, or posts surrounded by mounds of earth where stones could not be procured. The stones at the several points where the latitude was de- termined are large and well marked, and contain on the south side " Pennsylvania-latitude 42° north, 1787 ;" also, the variation of the magnetic needle ; on the north side, " New-
165
SUBDIVISIONS OF WESTERN NEW-YORK.
York," and their several distances from the Delaware River. The agreement is dated 29th October, 1787, and signed by Abraham Hardenbergh and William W. Morris, commis- sioners from New-York, and Andrew Ellicott and Andrew Porter, commissioners from Pennsylvania.
-
WESTERN NEW-YORK, AS IT WAS AND IS.
In connexion with the foregoing statements respecting the acquisition of the lands of Western New-York from the In- dians, and the division of those lands into several large tracts, it may be well to trace the progress of improvement, as in- dicated by the erection of counties.
Seventy years ago the COUNTY OF ALBANY embraced all the territory of New-York lying north of Ulster and west of the Hudson River, as well as all northward of Dutchess on the east side of the Hudson. There were then ten counties in the province, viz., New-York, Westchester, Dutchess, Orange, Ulster, Albany, Richmond, King's, Queen's, and Suffolk .
Charlotte county was taken from Albany in 1772, and the name changed in 1784 to Washington, which it now bears. A part of this county was included with Cumberland and Gloucester counties in forming the State of Vermont, as finally concurred in by this state in 1790.
Tryon county, taken from Albany in 1772, and named after one of the British governors, included all the province west of a line running nearly through the centre of the pres- ent county of Schoharie. There was a change of name from Tryon to Montgomery in 1784, in honour of the gal- lant soldier who fell at Quebec. Montgomery had then five divisions or districts, called Mohawk, Canajoharie, Palatine, German Flats, and Kingsland, the two latter covering most of the western settlements.
Ontario was taken from Montgomery in 1789, and inclu- ded all the land of which the pre-emptive right had been ceded to the State of Massachusetts, which that state after- ward sold to Phelps and Gorham, and which afterward chiefly passed into the possession of the Holland Land Company and the Pulteney Estate. Ontario county then extended from the Pre-emption Line a mile eastward of
166
SKETCHES OF ROCHESTER, ETC.
Geneva, so as to include within its limits all the territory within the bounds of this state west of that line. This was then commonly known as the " Genesee country," although the title was occasionally more extensively applied, and from it has been formed the counties of Steuben, Allegany, Cattaraugus, Chatauque, Erie, Niagara, Genesee, Orleans, Monroe, Livingston, Yates, Wayne in part, leaving to a tract around the former chief town (Canandaigua) the name of Ontario. Oliver Phelps was appointed first judge on the organization of the county in 1789; and Gen. Vincent Ma- thews, a venerable counsellor still practising at the Rochester Bar (1838), was the first lawyer ever admitted to practice in the court which thus then held jurisdiction over this western region, from which twelve counties (excepting a part of one) have since been formed. (See article headed " the Bar of Rochester.")
Herkimer county was erected from Montgomery, Febru- ary 16, 1791-and parts of Otsego were added to Herkimer in 1816, with Danube, Salisbury, and Manheim from Mont- gomery in 1817.
Otsego was taken from Montgomery on the 16th Febru- ary, 1791-since much reduced.
Onondaga contained the Military Tract set apart by this state for the payment of bounties to the soldiers who served in behalf of this state in the army of the United States du- ring the revolution. It was erected into a county taken from Herkimer on the 5th of March, 1794; and afterward modified by the erection of other counties.
Tioga was taken from Montgomery on the 16th February, 1794-since modified.
Steuben was formed from Ontario on the 18th March, 1796-since modified.
Cayuga was formed from Onondaga on the 8th of March, 1799-and was reduced afterward by the formation of other counties.
Oneida was taken from Herkimer on the 15th March, 1799-since which it has been much reduced by the forma- tion of other counties.
Genesee was taken from Ontario, 3d March, 1802. The Genesee River became the boundary between the counties, and so continued until the erection of other counties. The ground now covered by the City of Rochester, lying on both sides of the Genesee River, was thus divided between two
---
167
SUBDIVISIONS OF WESTERN NEW-YORK.
counties till the erection of Monroe county in 1821, of which Rochester became the chief town.
Seneca was taken from Cayuga, March 24, 1804-and since modified.
Allegany, from Genesee, April 7, 1806.
Chatauque, Niagara, and Cattaraugus were formed into counties from parts of Genesee county, on the 11th of March, 1808.
Oswego was taken from Oneida and Onondaga counties, March 1, 1816.
Tompkins was taken from Cayuga and Seneca, April 7, 1817-since changed in limits.
MONROE, from Ontario and Genesee, February 23, 1821 -- ROCHESTER being the chief town.
Erie county was taken from Niagara on the 2d April, 1821-of which BUFFALO is the capital.
Livingston, from Ontario and Genesee, February 23, 1823.
Yates, from Ontario, February 5, 1823.
Wayne, from Ontario and Seneca, April 11, 1823.
Orleans, from Genesee, November 11, 1824.
Chemung, from Tioga, March 29, 1836.
An estimate of the comparative wealth and population of the ten counties into which the Province of New-York was divided before the revolution, may be formed from an in- spection of the assessments about the year 1760. In raising a tax of £10,000, part of a tax of £45,000 laid in 1755, the proportions settled by an act of the Assembly, as related in Smith's History, stood thus :
New-York, city and county,
£3332
King's,
484
Suffolk,
860
Richmond,
300
Ulster,
860
Dutchess,
800
Orange,
300
Westchester
1100
Queen's,
1000
Albany, including all the remainder of
the state since subdivided as above shown,
1060
While the Province of Connecticut, vastly inferior in ex-
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SKETCHES OF ROCHESTER, ETC.
tent, contained in 1755 about 133,000 people, with a militia of 27,000 men-the population of the Province of New- York was computed at not more than 100,000, with a mili- tia amounting to 18,000. Monroe county alone contains a white population about two thirds as large as the whole ter- ritory of New-York contained at the above-mentioned date.
NOTE .- The principal tracts into which Western New- York was early divided, are thus shown to have been the Holland Purchase, the Pulteney Estate, and the Military Tract. The lands in all these tracts are chiefly sold and occupied, although some minor tracts bought from the Hol- land Company by associations are yet sparsely settled. The public improvements by canals and railroads will soon leave little land unimproved in the southern tier of our western counties, wherein the wild tracts are chiefly located.
In the Pulteney Estate, Captain Williamson was suc- ceeded in the agency by Colonel Robert Troup-and Jo- seph Fellowes, of Geneva, is the present agent.
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