USA > Vermont > Rutland County > Pittsford > History of the town of Pittsford, Vt., with biographical sketches and family records > Part 7
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 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58
* Doc. Hist. of N. Y., Vol. IV., page 589.
+ Doc. Hist. N. Y., Vol. IV., p. 609.
76
HISTORY OF PITTSFORD.
Colden was succeeded in the government by John Murray, titled Earl Dunmore, a rapacious Scottish peer who, on his. arrival in this country, was immediately involved in a quarrel. with Colden in respect to the fees of certain land patents which the latter had rushed through his office, for the purpose of pocketing the fees. Colden being the winner of the game, Dunmore was left to amplify his own fortune in the lucrative manner of his predecessor. And as proof of his industry it may be stated that in the short space of eight months he had granted to speculators four hundred and fifty thousand acres of Vermont lands and received the fees for the same, and also had granted to himself in the name of others fifty-one thousand acres more. 1
Among the patents issued by Colden was that of Social- borough, covering the townships of Pittsford and Rutland, which had been granted ten years before by Gov. Wentworth. The following is a copy of the return of the survey of this patent :
Pursuant to an order in Council from his Excellency, the Right Honorable John Earl of Dunmore, Captain General and Governor in Chief, in and over the province of New York, and the Territories Depending thereon in America, Chan- cellor and Vice Admiral of the same, bearing Date the thirteenth Day of this present month of March,
I have laid out for John Harris Cruger and his associates, All that certain Tract of land surveyed in the year one thou- sand seven hundred and sixty-seven by my Deputy William Cockburn, situate lying and being on both sides of Otter Creek, in the County of Albany within the province of New York, which said tract Begins on the East side of the said Otter Creek in a line of trees marked the same year by my Deputy, Archibald Campbell, for the North bounds of a Township Erected by the Government of New Hampshire, under the
.
77
SOCIALBOROUGH-OTHER PATENTS ISSUED.
Name of Clarendon, and runs from the said place of beginning along the said line of marked trees, South eighty-six degrees East, two hundred and nine chains; Then North thirteen degrees West, one thousand and fifty-two chains; Then West five hundred chains ; Then South thirteen degrees East one thousand and nineteen chains; and then South eighty six degrees East, two hundred and ninety-nine chains to the place where this Tract began, Containing Forty eight Thousand acres of land and the usual allowance for highways.
Given under my hand this Twenty second day of March one Thousand seven hundred and seventy-one.
ALEX COLDEN, Surveyor Genll.
Dunmore having been appointed to the governorship of Virginia, was succeeded in the government of New York by Sir William Tryon, who arrived from North Carolina in July, 1771. He was a proud aristocrat and proved to be as unseru- pulous as either of his predecessors, but continued to administer the government until April, 1774, when in obedience to the mandates of the ministry, he departed for England, leaving the government in the temporary charge of Lieut .- Gov. Colden. During this period of his administration, Tryon had issued patents for over two hundred thousand acres of land within the disputed territory, a large portion of which had been previously granted by New Hampshire. He had also provided for himself a township of thirty-two thousand acres by the name of Nor- bury, situated in the present county of Washington.
During Tryon's absence, from the 7th of April, 1774, to the first of July, 1775, Colden prosecuted the work of issuing land patents so vigorously, that not less than some four hundred thousand acres of Vermont lands were granted during this short period, the fees for which were not less than ten thousand dollars. Up to this time, the amount of these lands patented by New York exceeded two millions of acres, the most of
78
HISTORY OF PITTSFORD.
which had been granted in direct violation of the King's order of July, 1767 .*
We thus have some general idea of the grasping selfishness of the New York governors, whose only object seems to have been to enrich themselves, at the expense of the people whom they were appointed to govern. The only wonder is that such men should have been tolerated so long by an intelligent and spirited people.
On the arrival of Tryon from England, the 25th of June, he found the country involved in civil war; and though he tarried for a limited time, the prejudices of the people against him and the government he represented were so strong that he found it necessary to take refuge on board a British man-of-war in the harbor of New York, and soon after he departed from the country.
We have thus sketched a general outline of the origin and character of the respective claims of the governments of New York and New Hampshire to the territory now constituting the State of Vermont.
We are next to notice briefly the controversy between the the settlers and the New York claimants, in respect to the soil claimed under conflicting grants ; and, as we proceed, we shall see what the Proprietors and early settlers of Pittsford had to do with this unfortunate contest.
About. the year 1770, some New York patentees attempted to get possession of lands occupied by claimants under the New Hampshire charters, and served upon them writs of ejectment, returnable to the court at Albany. These actions were to be tried in June, and although the settlers had but little confidence in the New York courts, they resolved to appear and defend their rights. The first case for trial was that of John Small against Isaac Carpenter, relating to land in Shaftsbury. The council for the plaintiff produced the patent of his client
* Early Hist. of Vt., page 109.
79
TEST CASE TRIED-SHERIFFS RESISTED.
obtained from the Governor of New York, as the evidence of his claim. The counsel for the defendant offered in evidence the New Hampshire charter dated August 20, 1761, four years before the plaintiff's patent, together with authentic copies of Governor Wentworth's commission, and the King's instruction, authorizing him to grant lands .* But the court decided that New York had always extended eastward to the Connecticut river, and that consequently the New Hampshire charter was null and void, and refused to allow it to be read to the jury. As the result of this ruling, judgment was obtained for the plaintiff; and this being a test case foreshadowed the verdict in all the other cases. The result of this trial was not unexpected, as it was well known that the Lieut .- Governor, the prosecuting attorneys, and the presiding judge were interested parties in these suits, all claiming lands in the disputed territory by virtue of the New York title.
But the New York patentees found it one thing to obtain the decision of the Albany court in their favor, and quite another thing to enforce that decision. The Sheriff's in attempt- ing to execute the writs in the ejectment suits, met with determined opposition. The settlers felt that they had justice and equity on their side, and more than all that the validity of their title had been repeatedly recognized by the King; and they deliberately concluded to defend their possessions at all hazards.
The plaintiff's in the Albany suits sent the sheriff to dispos- sess the occupants of certain lands which had been adjudged to them by the court; but this officer found the settlers assembled in arms, and they "threatened," as he said, "to blow his brains out if he proceeded."
It became evident that these lands could not be made avail- able to the plaintiff's, without a strong force to assist the sheriff in the execution of his writs. It was therefore resolved to call
* Early Hist. of Vt., p. 118.
80
HISTORY OF PITTSFORD.
1
to his aid the military power of the country. A general sum- mons to the citizens of Albany was issued to meet at the time and place appointed, and on the 18th of July, 1771, the sheriff set out on his mission at the head of about three hundred men of all grades and professions. This corps was somewhat aug- mented by accessions on the way. But the settlers had received timely notice of the approach of the sheriff and his posse, and had made the necessary preparation for effectual resistance. As the New York party drew near, they discovered the for- midable opposition with which they had to contend, and being unwilling to risk their lives in so perilous an undertaking, they withdrew and left the settlers in undisputed possession of the field.
Hitherto no effort had been made to dispossess the Propri- etors and settlers of Pittsford of the lands upon which they were then engaged in making extensive improvements. And notwithstanding the unfavorable reception which had been given to a former petition, they drew up the following which was conveyed to Albany by a special messenger :*
To his Excellency the Right Honorable John Earl of Dun- more, Captain General and Governor in Chief of The Prov- ince of New York, cera kera kera
In Councill.
The Petition of the subscribers Inhabitants on a Tract of land commonly called Pittsford, on Otter Creek, about Twenty Six miles South Easterly from Crown point,
Humbly Sheweth,
That there is a certain Tract of vacant land now within this province, formerly Deemed and reputed to be within the province of New Hampshire, lying to the North- ward of the Great Falls on Otter creek, commonly called Rut- land falls, and bounded as followeth ; Beginning at a Maple
* Supposed to have been Benjamin Cooley.
81
PETITION TO EARL DUNMORE.
Tree Marked P. P. on the North line of Rutland, which line divides pitsford from Rutland, as was granted by the Govern- ment of New Hampshire. Thence runs West five degrees North, foure miles and ten Rods to a Beach Tree, from thence runs North twelve degrees West, six miles to a Beach Tree, from thence runs East five degrees South foure miles and ten Rods to a Beach Tree, from thence runs South twelve degrees East six miles to the place where it began, containing Fifteen Thousand acres, Which Tract of land was granted by the Governor and Counsell of the Province of New Hampshire, in consequence of which we your Excellencys petitioners have actually settled and made considerable improvements thereon ; and are willing and desirous to compleet the same. Therefore most humbly pray your Exceelenty will be favourably plesed to grant us the same under the usual restrictions &c, and your Excelencys Petitioners shall ever pray.
BENJAMIN COOLEY,
DANIEL JOHNES,
ISAAC ROODE,
WILLIAM MARSHALL,
JAMES MEADE,
SAMULL CRIPPER,
SAMUEL WATERS, ISAAC BUCK,
FELIX POWEL,
JEAMS HOPKINS,
PELEG SUNDERLING, GIDEON WARRIN,
ASA JOHNSON,
MOSES UMSTEAD,
BLESS WILLOUGHBY.
This petition was presented January 12, 1771, and upon the back of it we find the following endorsements :
"1771, January 17. Read in Council, referred to a com- mittee.
1771, February 28. To be postponed until final orders are received touching these lands."
If any "final orders" were received previously to the 3d of April following, they are not discoverable ; but on that day Gov. Dunmore issued the patent of Socialborough, the survey 7
82
HISTORY OF PITTSFORD.
of which had previously been ordered, as will appear from the return of the Surveyor-General which has already been given. This grant, made in violation of the King's prohibitory order, covered forty-eight thousand acres, and was made to forty-eight grantees, each of whom was to have one thousand acres; but a few days after the patent was issued, the majority of them conveyed their shares to a few speculators of New York city for whose benefit the grant had really been made, and who were the prime movers in all the suits instituted to eject the New Hampshire claimants .* James Duane, a famous New York attorney, claimed fifteen thousand acres of this land, Goldsbrow Banyar and William Walton each four thousand, and John Kelley claimed six thousand.
The New Hampshire settlers did not seriously object to being transferred to the jurisdiction of New York, and so long as the officials of that province confined themselves to their legitimate duties they were duly respected; but when they went beyond this and attempted to take private property, for no other reason than that the title to it had been obtained from the government of New Hampshire, they encountered such treatment as is indicated in the following :
"LETTER FROM WILLIAM COCKBURN TO JAMES DUANE.
ALBANY, 10th Sept., 1771.
SIR-Your favor of the 16th August and the £6-2-9 of . Mr. Robert Yates I received on my return here after being the second time stopped in Socialborough, by James Mead and Asa Johnson in behalf of the settlers in Rutland and Pittsford. I have run out lots from the south bounds to within about two miles of the Great Falls. I found it in vain to persist any longer, as they were resolved at all events to stop us; there have been many threats pronounced against me. Gideon Cooley, who lives by the Great Falls, headed the party who was to
* Early Hist. Vt., p. 168,
1
83
COCKBURN'S LETTER.
shoot me. a fellow of no residence and one
of Tinmouth were the principal, and your acquaintance Nathaniel Allen, was in the woods with another party, blacked and dressed like Indians as I was informed. Several of my men can prove Townsend and Train threatening my life, that I should never return home, &c., though they denied every thing to me. The inhabitants denied that they knowed any thing about these men, though the people of Dunham assured me that those men pretended to murder us if we did not go from thence, and advised me by all means to desist from running through, some said they were sorry for it as it might hurt them all settling with the Proprie- tors easily. After being stopped I found I would not be allowed to go to the northward, as they suspected I would begin again, and therefore intended to convey us to Danby, and so on to the southward, and by all accounts, we should not have been very kindly treated. I was advised by no means to go that road-my provision I was obliged to bring out by Major Slones. On my assuring them I would survey no more in those parts, we were permitted to proceed along the Crown Point road with the hearty prayers of the women as we passed never to return. We came off all safe, with the loss of one horse and two more in bad condition. Spencer's return I made out at Albany Court and sent to New York I then informed you of the manner and returned. You know well Mr. Colden will not allow me to make return before they are lodged with him. I have not been able to fix Kier's location and Danby people have been continually on the watch all way -some I am told at and near their corner since I have been here, several have visited us asking questions and no doubt to be able to know us should we venture within their territories, and at the same time warning us of the dangers should we be found there. Marsh's survey is likewise undone as I did not care to venture myself that way. I shall be able to inform
84
HISTORY OF PITTSFORD.
you more particularly at meeting and am sir, your most ob't serv't,
WILLIAM COCKBURN."
The New York patentees-as we have noticed already- called for the surrender of the New Hampshire charters of . Pittsford and Rutland, and required all who held lands under those charters to take new titles from them, for which large fees were demanded, but the demand not being complied with, they proceeded to dispose of these lands to other parties, who, in attempting to locate them, met with no very encouraging success, as will appear from the following :
"LETTER FROM BENJAMIN SPENCER TO JAMES DUANE.
DURHAM, April, 1772.
SIR :- The people of Socialborough decline buying of their lands, saving four or five, and say they will defend them by force. The people that settled under Lydius title, and those that have come in this spring have agreed for their lands. The New Hampshire people strictly forbid any farther survey being made of Socialborough, or any settlements being made only under the New Hampshire title ; which riotous spirit has pre- vented many inhabitants settling this spring. You may ask why I do not proceed against them in a due course of law, but you need not wonder when I tell you that it has got to that the people go armed and guards set in the roads. to examine people what their business is, and where they are going and if they do not give a particular account, they are beaten in a most shame- full manner, and it has got to that they say they will not be brought to justice by this province, and bid defiance to any authority in the province. We are threatened at distance of being turned off our lands or our crops destroyed I have this opportunity of writing, by way of Major Skeene, and have not opportunity of informing you of the number of lots and men's.
85
DEPOSITION OF CHARLES BUTTON.
names that you may draw the deeds, but will send them the first opportunity, as it will take some time to view the lots and give a particular account. I hope the survey of our patent may not be stopped on account of this tumult, as we shall labor under a great disadvantage if our lands are not divided this spring. I look upon it to be dangerous for Mr. Cockburn to come into the country until these people can be subdued, he may come here by way of Major Skeene but he cannot do any work only what he doth for us, if he attempts any further, I am afraid of the consequences, but if he does not care to come, I desire that some person may be employed hereabout that we may know where our land is, which I should be glad you would inform me of, as soon as posssble. One Ethan Allen hath brought from Connecticut twelve or fifteen of the most black- guard fellows he can get, double armed in order to protect him, and if some method is not taken to subdue the towns of Ben- nington, Shaftsbury, Arlington, Manchester and those people in Socialborough, and others scattered about the woods, there had as good be an end of government.
I am with all due regard, Your humble servant,
BENJAMIN SPENCER."*
The estimation in which the New York officials were held by the New Hampshire settlers, may be seen in the fol- lowing :
DEPOSITION OF CHARLES BUTTON.
County of Cumberland, ss .- Charles Button of a place called Durham on the bank of Otter Creek on the west side of the Green Mountains, in the county of Charlotte and province of New York, of full age duly sworn on the holy Evangelists of Almighty God deposeth and saith, that the deponent with others to the number of thirty-five families, seated themselves upon the said tract, and hold a title derived from the province of
* Benjamin Spencer was one of the earliest settlers of Clarendon, purchased his land under a title derived from New York, was a Tory in the Revolution, and in 1777, sought protection under Burgoyne at Ticonderoga and died there soon after his arrival.
86
HISTORY OF PITTSFORD.
New York, that the deponent has lived with his family upon the same track since the 8th day of February, 1768, has cleared and improved a large farm, built a good dwelling house with other outhouses, and was lately offered a thousand pounds current money of New York for his improvements. That about eleven o'clock night on Saturday the 20th instant, as the deponent is informed and verily believes, Remember Baker, Ethan Allen, Robert Cochrane and a number of other persons, armed with guns, cutlasses, &c., came to the house of Benjamin Spencer Esq. of said Durham who holds his farm under a title derived from the government of New York, and break open the said house, and took the said Spencer and carried him about two miles to the house of Thomas Green of Kelso, and there kept him in custody until Monday morning. The heads of the said rioters then asked the said Spencer whether he would chose to be tried at the house of Joseph Smith in said Durham, or at his the said Spencer's own door. To which Spencer replied that he was guilty of no crime, but if he must be tried he would choose to have his trial at his own door; the rioters thereupon carried the said Spencer to his own door and proceeded to his trial before Seth Warner of Bennington; the said Remember Baker, Ethan Allen and Robert Cochrane who sat as Judges. That said rioters charged the said Spencer with being a great friend to the government of New York and had acted as a magistrate of the county of Charlotte ; of which respective charges his said Judges found him guilty, and passed sentence that he the said Spencer's house should be burned to the ground, and that he should declare that he would not for the future act as a justice of the peace for the said County of Charlotte. Spencer thereupon urged that his wife and children would be ruined, and his store of dry goods and all his property wholly destroyed if his house was burned. Warner then declared that Spencer's house should not be wholly destroyed, that only the roof should be taken off and put on again, provided Spencer would declare that it was put on under the New Hampshire title and pur-
87
DEPOSITION OF CHARLES BUTTON.
chase, a right under the charter from the last mentioned government. These several conditions Spencer was obliged to comply with, upon which the rioters dismissed him. That a party of the said rioters came to deponent's house on the night of Saturday the 20th instant as the deponent is informed and broke open the doors and sacked the house for the deponent which they did not find, as he was gone to Crown Point to take Stephen Weakly upon writs issued against him, at the suit of Samuel Green and one Sprague. That upon the deponent's return home with the said Weakly in custody, another party of the said rioters took the deponent obliged him to discharge the said Weakly, and one Smith and others of the said rioters the next day declared they would pull down Green's house, and give him the Beach-seal (meaning they would flog him unless he consented thereto) which he accordingly did. They then obliged this deponent to give the said Weakly six shillings cur- rent money of New York, for taking him the said Weakly into custody, and declaring for the debts due from him, the said Weakly to the said Green and Sprague as aforesaid, and after- wards made this deponent promise, that he would never serve as an officer of justice or constable to execute any precept under the province of New York, and then gave him a certificate in the words and figures following to wit :
" PITTSFORD, Nov. 24th, 1773.
These are to satisfy all the Green Mountain Boys that Charles Button has had his trial at Stephen Mead's, and this is his discharge from us.
PELEG SUNDERLING, BENJAMIN COOLEY."
Which certificate they declared would be a sufficient permit or pass among the New Hampshire claimants or Green Moun- tain Boys and further the deponent saith not.
CHARLES BUTTON."
Sworn before me this 30th day of Nov., 1773.
NATH'L STONE."
.
-
88
HISTORY OF PITTSFORD.
One Jacob Marsh, a resident of Socialborough, who held the commission of Justice of the Peace under the government of New York, and had rendered himself particularly obnoxious to the New Hampshire [settlers on account of his agency in some ejectment suits, on returning from Albany to his resi- dence was arrested at Arlington by order of Seth Warner and Remember Baker, and brought before a tribunal, consisting of . Samuel Tubbs, Nathaniel Spencer and Philip Perry. The prisoner was charged with having purchased lands under a title derived from the government of New York, and discouraging settlers from settling in the province under titles derived from New Hampshire, and further of having accepted a commission of Justice of the Peace in the county of Charlotte, and having qualified and acted as a justice of the peace in pursuance thereof.
The case having been heard, the court returned a verdict to the following effect: " That the prisoner was not to encour- age any settlements by persons settling under titles derived from the government of New York, but to discourage such settlements, not to discourage any persons settling under titles derived from grants made by the government of New Hamp- shire, and not to act as a justice of the peace, by virtue of a commission under the government of New York, upon pain of having his house burned and reduced to ashes, and his person punished at their pleasure."
The prisoner was then discharged and furnished with the following certificate :
ARLINGTON, Nov. 25, 1773.
This may certify that Jacob Marsh hath been examined and had on fair trial, so that our mob shall not meddle further with him as long as he behaves.
Teste, SETH WARNER.
SAMUEL TUBBS, NATHANIEL SPENCER, PHILIP PERRY .*
* Doc. Hist. N. Y., Vol. IV., p. 863.
89
.
STATEMENT OF JACOB MARSH-BEACH SEAL.
This same Jacob Marsh in a deposition dated December, 1773, stated that "when he arrived at his own house he found that the same mob or company had been to his house in his. absence and taken off the roof of the house and that he the deponent was informed and verily believes that only the inter- position of some of his friends prevented them from burning the roof of the house after it was taken off ; that they destroyed several bushels of corn, split a number of boards and did him some other damages. That he the deponent has been informed that John Smith and Peleg Sunderland (both of Socialborough) were the captains or leaders of the mob who had been at his house, and Benjamin Cooley and one Sylvanus Brown their lieutenants or next in command and mischief and that the company there with them amounted to forty or fifty armed men. And the deponent further saith that he verily believes. that if he should act in his office as justice of the peace in the county of Charlotte his effects and property would be destroyed and that his life would be in danger."*
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.