USA > New York > Essex County > The military and civil history of the county of Essex, New York : and a general survey of its physical geography, its mines and minerals, and industrial pursuits, embracing an account of the northern wilderness > Part 26
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Abeel. James Abeel, for himself and twelve others Feb- ruary 3d, 1773, petitioned for a grant of thirteen thousand acres of land lying on the west side of Schroon lake in
1 I have received peculiar aid from the examinations of Mr. F. C. Hale, in the archives of the office of secretary of state.
2 The Calendar of Land Papers, and the Catalogue of Maps and Surveys, shed a flood of light on the history of these grants and patents.
300
HISTORY OF ESSEX COUNTY.
Totten and Crossfield's purchase.1 Southier's map has a tract with this name and corresponding with the above description, which would embrace the present Schroon Lake village. From the frequent appearance of his name in the Land Papers it may be inferred that Abeel was engaged in large and numerous land operations.
Benzel. Adolphus Benzel has been already mentioned as a prominent official in the county and a weathy resident of Crown Point. He seems to have acted largely as sur- veyor in locating the ancient patents. He was conspicuous in the New Hampshire grant controversies, and necessarily highly obnoxious to the settlers there. The reply of the Bennington committee to Governor Tryon, in reference to Colonel Reid's action, speaks of " the vicious and haughty aid of Mr Benzel, the famed engineer."2 He was among the reduced officers embraced in the royal proclamation. Southier lays down two patents in his name, one in Moriah between Small's and Legg's; the other in Crown Point adjoining south of the garrison grounds. The former is known as Springer patent of three thousand acres, and the latter as Benzel's of one thousand acres. We conjecture that the former may have been applied for by Benzel, but subsequently issued to Springer and others.
Benson. Richard Benson, and a number of other pri- vates reduced from the Eightieth, Sixtieth, and Forty- fourth regiments, received a patent for five hundred and fifty acres Oct. 29th, 1765, which was located in the present town of Willsboro' north of Wreisburg and west of the Montressor patent. It appears that the Benson and also the Montressor patent were occupied only by squatters until 1819. In that year both were purchased by Seth Hunt of Keene, New Hampshire. The validity of the ori- ginal patent and his title were soon after established and his rights judicially enforced. Many individuals, who had been innocent purchasers under the spurious titles to these patents, were severe sufferers by this adjudication.
1 Land Papers, XXXIII, page 25.
2 Hall's Vermont.
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MILITARY AND POLITICAL HISTORY.
Bruyn. Two patents granted to Lewis Bruyn, are laid down west of Schroon lake on Southier's map.
Campbell, Allen. A reduced field officer, is thus described : " having served in N. A., during the late war in Second battalion of our Royal Highland regiment of Foot." Campbell united in a petition with Lt. John Kennedy, praying for a grant of seven thousand acres. The bounda- ries indicated " extending from the first mountain west of the carrying place at the foot of Lake George " along said mountain to where it touches Lake Champlain near Crown Point, and thence to the mouth of the outlet from Lake George. Kennedy's grant embraces a portion of this highly desirable territory, but Campbell's was located else- where. His patent for five thousand acres, dated July 11, 1764, was laid out in Crown Point, on the lake shore : Benzel and Legg on the north, and Grant on the south.
Campbell, Donald. The petition of Donald Campbell, December 17th, 1763, describes him as late lieutenant in the Royal American regiment, and claims two thousand acres. The land his petition indicated was nearly iden- tical with the last. Another petition, Feb. 18, 1773, of Quarter Master Donald Campbell, asks for two thousand acres on the south-west side of Lake George, near the gar- rison grounds. On November 1st, 1784, Donald Camp- bell filed a petition for a confirmatory grant of a tract of land surveyed for him in 1764, pursuant to the Royal proclamation. No action appears upon record on this peti- tion, but on the 25th of May, 1786, the return was filed of a survey of two thousand acres north of N. Sutherland's tract to Donald Campbell, for which he paid on the follow- ing 28th of June, one hundred pounds. A tract is laid down on the map, under this designation between Grant's on the north, and Southerland's on the south.
Connelly. John Connelly presented a petition for a grant as surgeon's mate and belonging to a military hospital. A patent was issued April 13th, 1765, for two thousand acres.
. 1 Land Papers, LII, 45.
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HISTORY OF ESSEX COUNTY.
It lies in Willsboro, and Essex, and is one of the grants located by William Gilliland.
Deal. Samuel Deal, a merchant of wealth in the city of New York, embarked in heavy land operations in the present county of Essex in 1767, and purchased about that time a tract of five thousand acres between Lakes George and Champlain. His connection with the Kennedy patents, I shall notice in its proper place. He received July 12th, 1769, a grant for one thousand acres, which was located by him in Ticonderoga and west of the village of Lower Falls. Another tract, adjoining the above, is called and designated on the county map as Deal's patent.
Field. John Field was a surgeons mate and applied by petition April 14th, 1764, for a grant of two thousand acres in pursuance of proclamation. The patent was issued April 15th, 1765, and the land surveyed on the south side of the Boquet by Gilliland as assignee of Field immediately after.
Franklin. Joseph Franklin, late sergeant in Twenty- seventh regiment, united with Sergeant Benjamin Porter, in a petition, July 9, 1764, praying a grant to each of two hundred acres, described as "bearing west north-west thirty-nine chains from the salient angle of the King's bastion, fronting the lake half a mile, and then west north-westerly, until it completes the said number of acres." Mr. Benzel, the engineer, made a note of the survey. The patent to Franklin issued July, 1765, and was laid out in conformity with the petition between the Porter and McKensie's tracts, and embraced Cedar point at Port Henry. On the 5th of March, 1792, Franklin conveyed his title to James Graham, and April 15, 1792, Graham devised it to his daughter, Ann Eliza. Graham was a fur trader, and the mother of this child was a half breed. The daughter, in 1802, executed a will in New York, devising the property to St. Peter's (Catholic) church of that city, in trust for the school of the church. The church conveyed it to Mr. J. B. Spencer, under this will, whose title was judicially sustained.
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MILITARY AND POLITICAL HISTORY.
Friswell. John Friswell applied as late lieutenant in the navy, and having acted as midshipman on board the Princess Amelia, at the siege of Louisburg and Quebec, February 15, 1765, for a grant of three thousand acres of land on the west side of Lake Champlain. On the May following a return of a survey was filed of two tracts, con- taining two thousand acres; one in Plattsburg, and the other of one thousand acres nearly west of "Splitten Rock," and lying upon the lake. This is one of Gilliland's locations.
Frelegh. A certificate of location of six hundred acres of land to George Frelegh, on the west side of Lake Champlain, appears in Long Island Papers, XLVI, 41, Feb- ruary 3, 1789, and a patent in Willsboro' and Essex, bears this name.1 It is not on Southier's map, and must have been granted subsequent to the revolution.
Gilliland. A Gilliland patent is laid down on Southier, west of Benson's grant in Willsboro'. James, a brother of William Gilliland, about 1767, settled upon a lot on the north bank of the Boquet.2
" William Gilliland & Matthew Watson." Their tract which appears on the large county map, contained two hundred acres, and began according to the certificate of location, seven chains north of the south-west corner of James Judd's patent, June 22, 1789, and was surveyed under a title from the state.3
Grant. Robert Grant is described in a patent for three thousand acres issued August 7th, 1764, as late captain in the Seventy-seventh regiment. He was promoted to major and killed at the battle of Hubbardton July 7th, 1777. A return of survey with map of the location in the town of Crown Point was filed in the colonial office, August 3d, 1764, Land Papers, XVIII, 8. About twenty years after the death of Grant, a spurious agent appeared in the city of
1 Calendar, 777.
2 Champlain Valley, 41, etc. It is probable that this may have been his location.
$ Land Papers, XLVII, 33, 34.
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HISTORY OF ESSEX COUNTY.
New York, and pretending to hold authority from him, deeded the patent, as such, with an agreement that the grantee and agent should participate in the avails. The sisters of Major Grant, more than half a century after his decease, instituted proceedings as heirs at law for the re- covery of the patent. Under a commission issued in the suit and sent to Scotland in the year 1830 among other witnesses examined, was Lieut. General Thomas Scott then eighty-four years old, who swore, that he saw the dead body of Grant on the battle-field at Hubbardton and wit- nessed its interment at that place with military honors, and that he brought back to Scotland relics of Grant which he delivered to the brother of Grant. The claimants necessa- rily recovered the premises. This patent embraces a large portion of the most valuable part of the town of Crown Point.
Guise. William Guise and three others non-commis- sioned officers in the Fifty-fifth regiment of foot, received a grant of eight hundred acres, Jan. 5th, 1773. On the county map, this grant is placed on the east side of Schroon lake near the county line. It is not on Southier. By the sur- vey and map for Guise and associates, the location of the patent was on the north-east branch of the Hudson on the boundary between Schroon and Warren county.1
Hasenclever. Peter Hasenclever and others petitioned June 30th, 1766, for a grant of fifteen thousand acres, on the east side (?) of Lake Champlain, and praying a resurvey of Franklin, Porter and McKensie's patent (inMoriah) so as to admit a passage to the lake and land for store house. On Southier's map the patent is laid down north of Small, but it does not appear on the county map, and the present Iron Ore bed tract is bounded by Small's patent on the south. This grant was probably confiscated if ever actually consummated.
Hicks. John Hicks is described as “ gentleman, a reduced staff officer," and " surgeon in one of our independent com-
1 Land Papers, XXXII, 91. 2 Idem, XXI, 51.
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MILITARY AND POLITICAL HISTORY.
panies of Foot," Patent April 15th, 1765, for three thou- sand acres. Lies in Essex and located by Gilliland.
Judd. James Judd, described as " gentleman, reduced officer and surgeon's mate in our military hospital." Patent issued April 15th, 1765, for two thousand acres, with bound- aries " beginning at Cloven or Splitten Rock, etc." Lies in the town of Essex.
Kellett. Roger Kellett “gentleman, a reduced subaltern officer," late lieutenant in Forty-fourth regiment. The grant was surveyed August 2d, and patent granted August 7th, 1764, for two thousand acres.1 This patent situated in Ticonderoga with those of Stoughton and Kennedy, were selected with great judgment by officers familiar with the beauty and value of the territory.
Kelly. John Kelly appears to have been a large opera- tor soon after the revolution, but I find no traces of him anterior to it. A tract of land in Essex and Westport known by this name, is probably the same described as lying west of Split rock or Northwest bay, for which he proposed to pay on April 15th, 1793, two shillings per acre, and contained about three thousand acres.
Kennedy. John Kennedy, “ gentleman, reduced subaltern officer," lieutenant in the Sixtieth regiment. Patent granted August 7th, 1764, for two thousand acres. It lies in Ticon- deroga, and extends from the lower falls along the north side of the stream to the fort ground, thence across to Lake Champlain and down its shore, and sweeping into the interior included a large part of the valuable plateau in the north section of the town.2 At the death of the grantee, the property passed to " his oldest brother, Henry Kennedy, surgeon," who sold it September 26th, 1765, for one hun- dred and fifty pounds sterling, to Abraham P. Lott and Peter Theobaldus Curtenius, "merchants of the city of New York," and they sold it December 16th, 1767, for one hun- dred and eighty pounds, lawful currency to Samuel Deall "merchant, etc."3
1Catalogue, 155. 2 See Allen Campbell patent.
3 Cook's Ticonderoga.
20
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HISTORY OF ESSEX COUNTY.
Legge. The singular incidents connected with the his- tory of this patent have attached peculiar interest to it, and no portion of Essex county has been the subject of more bitter and protracted litigation. Francis Legge, who I infer belonged to the family of the Earl of Dart- mouth, was a captain in the Forty-sixth regiment. Under the royal proclamation, he received a concession on June 26th, 1769, of five thousand acres which had been located in the present towns of Moriah and Crown Point by a sur- vey returned the 6th of April preceding. The early action of Legge in reference to his grant, is enveloped in consider- able obscurity. A mandamus was issued by the king in council September 5th, 1765, for five thousand acres to be surveyed to Francis Legge, captain of the Twenty-sixth, in one continuous tract in the province of New York.1 On the 3d of November, 1766, Captain Francis Legge pre- sented " a petition for five thousand acres of land on the west side of Connecticut river, with specific boundaries." 2 He made a similar application for a grant of five thousand acres in the township of Norwich in a wholly different sec- tion from the preceding. The identity of the name and the quantity of land solicited, seem to warrant the conclusion, that the several applications if made by one individual, rested upon the same claim ; but it is difficult to determine, why all should have been advanced. In 1809, a William Legge, assuming to be the heir of Francis, conveyed or pretended to convey this patent to one Winter, who after- wards deeded it to Shaw. One of them caused the tract to be subdivided into lots, and sold a portion of these to settlers. Subsequently, Shaw brought ejectments against occupants who refused to admit his title. Another claim, known as the James Brown title, was founded upon a deed dated in the year 1818, and purporting to have been executed by John Legge in Ireland, who also claimed to be heir of Francis, to two persons, mother and son, by the name of Sinclair. They conveyed to James Brown, who
1 Calendar, 377. 2 Idem, 204.
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MILITARY AND POLITICAL HISTORY.
also brought ejectments, and some suits under this title are said to be still pending.
In 1831, suits were brought against some of the occu- pants upona claim some times called the " Cape Ann title." It was asserted, that, in the year 1770, Francis Legge, while at Ipswich, Mass., residing with a Dr. Manning, executed a deed of the whole patent, to one Rowe, then a child of four or five years. One of these suits was against Brown and an occupant, was tried, with a verdict and judg- ment for the plaintiff, but this was reversed in the court of errors. On the trial of this suit, proof was introduced by defendants, tending to show, that Legge died and was buried in Troy, N. Y., in 1780. In 1860, a commission issuing out of the United States circuit court, was executed in London, by which the following series of facts were established, from records in the war office and those of the state paper office and the colonial office, the registry of the court of probate, in doctor's commons, and by exhibits and the examination of proper officials, that Francis Legge, was appointed lieutenant, in Thirty-fifth Foot in 1754, captain in Forty-sixth in 1756; that at this time he was serving in America; that he was major in 1767 ; lieutenant in Fifty-fifth Foot in 1773, and appointed governor of Nova Scotia in August, 1783; that he was recalled, and his conduct as governor investigated in 1786; that he was buried in the parish of Primer, Mid- dlesex, England, in 22d May, 1783; that his will dated April 18th, 1769, was proved the May following by his executors, the Earl of Dartmouth and William Baillie, Esq., and that the Earl of Dartmouth, whom he styles in his will " his much esteemed friend," was his principal legatee and devisee. Personal property was left by the will to various relations. The record of his burial described him as " Lieutenant Colonel Francis Legge, late governor of Nova Scotia." It is not my province to discuss the singu- lar features of this case.
Miller. Paul Miller, a corporal in Sixtieth regiment of foot, located a patent dated April 16th, 1765 of two hun-
308
HISTORY OF ESSEX COUNTY.
dred acres on the south side of the Boquet. It lies in Willsboro'.
Mallory's Grant. Nathaniel Mallory, on March 25th, 1799, entered the return of a survey or tract of land on west side of Lake Champlain containing nine thousand nine hundred and seventy-three acres, situated in Jay, Keene and Wilmington.1
Mathews. This patent was granted October 30th, 1765, to James Mathews and seven others, privates, for four hundred acres. It lies in Ticonderoga.
Maule's. This tract, comprising forty-two thousand nine hundred and fifty-seven acres, was patented to Thomas Maule, August 21st, 1800. Embracing large sections of Chesterfield, Jay, and Willsboro', it also occupies a por- tion of Au Sable and Black Brook, in Clinton. In March, 1803, Maule and wife conveyed to five persons in trust about twenty thousand acres of this patent in Chesterfield and Jay. This trust was for the benefit of the Farmers' Society, a benevolent organization, intended, as is now understood, to supply mechanics and others in moderate circumstances with freehold farms; but as the scheme proved a failure, there is no object for tracing its history. The trustees executed a mortgage for fifty thousand dol- ars on the purchase. This mortgage came into the hands of Edward Livingstone, who assigned it to his sister, the widow of General Montgomery; and the surviving trustees, conveyed, or released the property to her. She devised it to Edward Livingstone, and on his death he devised it to his wife. By these various owners, parcels were con- veyed to numerous settlers.
McIntosh. Alexander McIntosh, late captain of Seventy- seventh regiment August 3d, 1764, filed the return of a survey of three thousand acres between Crown Point and Ticonderoga. Patent issued August 7th.
Mc Bride. Patent issued April 23, 1765, to James McBride, late sergeant in Forty-seventh foot, for two hundred acres.
1 Calendar, 1010.
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MILITARY AND POLITICAL HISTORY.
Lies in Willsboro', and is bounded south and west by the Boquet, and east by the lake.
Mc Donald. Three tracts bearing this designation appear on Southier's map, lying west of Schroon lake and river. On December 1, 1773, Captain Lieutenant (he is thus described more than once in the land papers) Alexander McDonald and associates, presented a petition for three tracts of land, containing in the aggregate thirty thousand three hundred and sixty acres, and lying "within the bounds of Totten and Crossfield's purchase."
Mc Kensie. Alexander McKensie, sergeant in the Fortieth regiment, received two patents, October 29, 1765, one of a hundred acres adjoining the Franklin patent, and fifty acres called the Grove. Both are situated in Moriah, in which town a grandson and numerous descendants reside; a descendant lives upon the original patent. I am aware of no other instance, except that of William Gilliland, in which the family of an original patentee of these ancient grants have remained in the county.
Montressor. Patent issued June 6th, 1765, to John Mon- tressor, Francis Mee and Robert Wallace for three thou- sand acres, "called Ligonier point, as also four small islands called Les Isles des Quatre Vents, in the lake east- ward of Ligonier point."1 This is the beautiful tract now known as Willsboro' point.2 The original petition also asked for Schuyler's island. Some doubt exists in refer- ence to the origin of the name Ligonier. I venture to refer it to Sir John Ligonier, who, about the date in which it must have been applied, was commander-in-chief of the army in Great Britain.3
Old Military Tract. An act was passed May 5th, 1786, as a memorial of public gratitude, to remunerate military service in the revolution, devoting to the purpose, a large territory known as the Old Military Tract, lying north of Jessup's purchase and beginning thirty miles from the north-east corner of lands granted to Philip Skene, 6th
1 Land Papers, XIX, 31. 2 See Benson. " Doc. Hist., x, 705 note.
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HISTORY OF ESSEX COUNTY.
July, 1771, and extending twenty miles in width and to the north bound of the state, a computed distance of sixty miles. It was run out into large townships. Nos. 11 and 12 constitute St. Armands and North Elba. Nos. 1 and 2, were also embraced within the present bounds of Essex county. These townships were subdivided into lots, known as the Thorne and Richard's surveys.
Ord. Lieutenant Colonel Thomas Ord, Royal regiment of Artillery, was granted, December 23, 1774, a patent of five thousand, acres part of lot 27, in Totten and Cross- field's purchase. This patent lies in Newcomb.
Porter. Benjamin Porter, late sergeant in Twenty-seventh regiment, obtained a patent July 5th, 1765, for two hundred acres.1 Port Henry is situated on this tract.
Potts. This patent, issued in the name of William Potts, April 26th, 1755, for two thousand acres, located by William Gilliland. Essex village stands on the line of Potts and Hicks patents.
Ross. Patent issued to James Ross, "late apothecary's mate in our military hospital," for two thousand acres April 16th, 1765. The patent is bounded on the Boquet. It was occupied in 1766 by two persons, Wilson and Good- rich, who established an agency at Flat Rock bay, which they called Burton. The scheme was abandoned the February ensuing, and no further occupation in Willsboro' north of the Boquet occurred until 1790, except one slight improvement near the river.
Ryerse Grant. In 1791, the state granted to one Vreden- burgh a tract of three hundred acres, the title of which be- came vested in Gozen Ryerse. On the compromise with Massachusetts, this territory was embraced in the new pre- emption line of that state. In compensation to Ryerse for this loss, New York in 1800 patented to him a tract of eighteen hundred acres lying in the centre of Wilmington, and now known as Ryerse grant.
1 See Franklin.
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MILITARY AND POLITICAL HISTORY.
Stoughton. A patent was issued to John Stoughton, late lieutenant in New York independent company, July 25, 1774, for two thousand acres lying on both sides of the out- let of Lake George. Stoughton was drowned in Lake George, leaving a widow and only child. This child became the wife of Governor Wolcott of Connecticut, and the valuable estate of Edward Elice in this patent was derived from her by purchase.1 A question was agitated for a period in reference to the legitimacy of this child, but this has long since subsided, and the estate which had not been previously sold is now held by an indisputable title by Mr. Charles Wheeler of Ticonderoga.
Skene. I have adverted sufficiently to the history of Skene. The patents were granted to Major Philip Skene July 5th, 1771, one for two thousand four hundred acres, situated in the present town of Westport, and embracing a part of the village of Westport, and the other for six hun- dred acres, lying in Moriah and formerly referred to as the Iron Ore tract. The property of Philip Skene was con- fiscated under the attainder of Philip and Andrew Skene, and the patent in Moriah was sold by the commissioners of forfeitures under the act of 1786.
Small. John Small, late captain in the Twenty-first regi- ment, on April 5th, 1774, received a patent for five thou- sand acres. It lies in Moriah, and is occupied by Moriah Centre and part of the village of Moriah. Grants were also issued to Small by the New York colonial governor, which were located in Vermont. His name appears as plaintiff in a test suit brought in the New York court, to establish the validity of these grants.2
Sutherland. Patent issued to Nicholas Sutherland, late captain of Seventy-seventh Foot, August 7th, 1764, for three thousand acres. Lies in Ticonderoga.
Springer or Sharp. On the 10th November, 1766, John Springer, Elizabeth Springer and Ann Chadarin Partin, afterwards Sharp, filed a petition for three thousand acres,
1Cook's Ticonderoga.
2 Hall's Vermont.
-
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HISTORY OF ESSEX COUNTY.
in the county of Albany, or on Otter creek. The basis of this claim appears to have rested upon rights vested in Adolphus Benzel and his associates. Elizabeth Springer was a sister-in-law of Adolphus Benzel. A return of the survey of three thousand acres on the west side of Lake Champlain, is on record April 6th, 1772. A warrant author- izing this survey had been issued 1st May, 1771. In April, 1785, the parties presented a petition to the new govern- ment, "for land already ordered to be surveyed for them between the Legge and Small patents." On the 10th November following, Zephaniah Platt filed a certificate of location of the same tract, praying for a grant of the same. His claim seems to have been founded on the delinquency of the original claimants, but after considerable controversy it was withdrawn March 13th, 1786, and 1st May following the patent was granted to Elizabeth Springer and Ann Catharine Sharp, for the consideration of £150 paid the state. It is situated in Moriah.
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