Samuel W Durant.

History of Oneida County, New York : with illustrations and biographical sketches of some of its prominent men and pioneers online

. (page 14 of 192)
Online LibrarySamuel W DurantHistory of Oneida County, New York : with illustrations and biographical sketches of some of its prominent men and pioneers → online text (page 14 of 192)
Font size
QR-code for this ebook

others guilty of treason, and confiscating and forfeiting all
the property of each. In order that the property owned
by these Tories, and thus confiscated, might be reached and
sold, the Legislature, by an act passed in JLiy, 1781, pro-
vided for the appointment of 'Commissioners of Forfeit-
ure,' who should have power to dispose at public or private
sale of all the real estate owned by such Tories, and give
deeds of warranty therefor, as from the State. It was also
provided that ' in case any such Tories held lands in com-

■-=' Queen Anne ?

mon or jointly with those true to the American cause,' the
commissioners should give notice, by a publication in two
newspapers for six weeks, for the owners of said lands to
meet at a given time and place, to agree with said commis-
sioners on persons to make a partition and division of said
lands; and if at such time and place the owners did not
appear, or failed to agree on persons to make a division,
then the county judge of the county should appoint a sur-
veyor and three agents, whose duty it should be to make a
survey of the lands into allotments and lots, — first surveying
off a certain portion of the lands to be sold at public auc-
tion to pay the expenses of such survey and partition, — and
after the division into allotments and lots each lot or parcel
was to be drawn or balloted for, and the parcels drawn
against the name of the owner whose property was confis-
cated should belong to the State. The State was divided
into three districts, and three commissioners appointed for
each district. The commissioners for the western district,
which included all west of Albany, were Jeremiah Van Rens-
selaer, Christopher Yates, and Henry Oothout. The com-
missioners met at Albany, Oct. 18, 1784, and appointed as
the time and place for the owners of the Oriskany Patent
to meet and agree with the commis-sioners on the persons to
make a division, Oct. 23, 1784, at Butlersburg, in Mont-
gomery County. The notice was published in the Albany
Gazette and New York lail-ipeiidimt Journal or General
Advertiser. No one interested in the patent appeared on
the day named, and Colonel Frederick Visscher, of Oris-
kany battle fame, then First Judge of Montgomery, ap-
pointed as such three agents to make partition Abraham
Ten Eyck, Peter Schuyler, and Christopher Peak ; and
Garrett G. Lansing, surveyor.

"On the 4th of June, 1785, the survey began, commencing
on the north side of the Mohawk, opposite the mouth of
Oriskany Creek. The patent was found to contain 32,625
acres. Before proceeding with the survey into allotments,
the agents, as required by law, laid off a certain portion of
the patent to be sold at public auction to pay expenses.
Good care was taken that this portion should be so located
as to bring enough to pay all expends; it included the
' carrying-plaoe,' and what is now the •very heart of the
city of Rome, and contained 007 acres. It received the
name of the ' E.'cpense Lot,' and as such is still known.

" Subsequent to the survey of the ' Expense Lot,' the
patent was surveyed into six allotments, which may be
described as follows :

" The first aUotment, which lay on the south side of the
Mohawk River, included Oriskany, and contained 8040
acres. It was subdivided into fifteen lots, the first ten
containing 538 acres each and the other five 532 acres

" The second allotment, also on the south side of the
Mohawk, and next west of and adjoining the first allotment,
contained 3700 acres, and was subdivided into five lots,
each containing 740 acres.

" 'The third allotment, on the same side of the Mohawk,
and adjoining the second allotment on the west, contained
4!)33 acres, and was subdivided into five lots, the first three
containing 950 acres each, the fourth 1008, and the fifth
104.J acres.



"The/oi(i77i iilhfmcnt is west of a line running in a north-
easterly and southwestci'ly direction tlirough what is now
Washington Street, in Home, and contains 4800 acres, sub-
divided into five lots of OGO acres each.

"The Ji/th aUotniPut, east of the fourth, and mostly
north of what is Court Street, in Rome, extends to the
northern boundary of the patent, at Ridge Mills, where it
crosses the Mohawk, and is the only one of the six lying
on both sides of that stream. It contains 5400 acres, sub-
divided into ten lots, five of 620 acres each and five of 460
acres each.

" Tlie sixth allotment Includes the balance of the patent,
is east of the fourth allotment, north of the i\Iohawk River,
and contains 5075 acres, subdivided into five lots; lot two
contains 0C5 acres, and each of the others 1015 acres.

" By adding the figures in the different allotments, together
wiih the ' Expense Lot,' it will be seen there is somewhere
a discrepancy, which may possibly be accounted for by the
fact that in subdividing the patent into allotments and the
latter into lots, they would not hold out to the number of
acres given for the entire patent. The figures given for
the different lots in the third allotment would show it to
contain 4903 instead of 4933 acres, and those for the sixth
allotment make a. total of 50-5 in.stead of 5075 acres.
With these given at 4903 and 5025, the entire patent
would foot up only 32,505 acres, showing a falling ofi' of
60 acres, while with the other figures the total is 32,015
acres, a less number by ten acres than the amount the
patent was said to contain.

" Nov. 29, 1785, the agents who made the survey pub-
lished a notice that on the 9th of January, 1786, they
would meet at Batlersburg, at the inn of Jlyndert W.
Quackeubush, ' for the purpose of attending to the balloting
for, and drawing by lot,' the several parcels mentioned.
At that meeting there were present the Commissioners, the
Agents, Judge Visscher, and Jellis Fonda. None of the
owners of the patent appeared, and the drawings took place
then and there. The James De Lancy one-filth was set ofi'
to the State, including two parcels of 960 and 460 acres
respectively, the former in the northwest corner of the
patent, and the latter just east of what is now Factory
Village, in Rome ; no other tracts in this immediate vicinity
were set off to the State. Other tracts in and around
Rome were set oflF to those claiming under George Clarke
and Thomas Wenham, and to William Livingston and Alida

" The ' Expense Lot' was sold March 17, 1786, at auc-
tion, and bid ofi' by Dominick Lynch, a merchant of New
York City, for £2250, New York currency."

This patent was located on both sides of the Mohawk
River, and was known as the " Oriskany Patent." The
name is variously spelled.*

It would appear that the Indians were cognizant of this
grant, for it is stated in the account of the treaty held at

"* The orthography of this name is from the Indian nomenclature,
and is given by jNIorgan as 0-hin''hch in Seneca, O-liiii'-ha in Citj/inja,
O-hin'-kii in Qtwnduija, Onc-hanc'-tceh in Tusfarorn, Ole-ttiulc' \a
0/fci't/a, and Oie-hi»'-tia in Molum-k dialect, — all meaning "the place
or stream of nettles." It is also written Orislta, Eriska, Oris'ca,
Oriske, Ochriskaney, Ochriscany, and Ochreskennic.

Fort Stanwix in October, 1768,t at which time the " Line
of Property" was established, that the Oiieidas in particu-
lar, in the persons of six of their principal chiefs, consid-
ered the title, so far as they were concerned, as null and
void. In vol. vii., 729, it is stated that the Indians com-
plained to Sir William Johnson, in the year 1765, of a Ger-
man who had settled at Orisca, and desired him driven off
their lands.

Coshi/'s M'inor. — This title covers a tract of land lying
upon both sides of the Mohawk River, and about equally
divided by the line between Oneida and Herkimer Counties.
The whole tract is described as being, according to a survey
and map by John R. Rleecker, in 1786, 11 miles and 17
chains in length from the mouth of the Sadahqucda, or
Sanquoit Creek, measuring easterly, and having a width of
six English miles, or about three miles on either side of the
river. This measurement gives an area of 67 square miles
and 176 square acres, or a total of 43,056 acres, of which
the portion in the county of Oneida was, according to an
accurate survey, 480 chains, or six miles square, and should
contain 23,040 acres, which is an exact government town-
ship of 36 sections as surveyed in the West.

It appears that as early as 1725, " Nicholas Eker and
sundry other Germans" had, by license from Governor
Burnet, purchased " that tract in the Mohawk country, on
both sides of the river, between the great flat or plain above
the fall (Little Falls) and the land granted to the wife and
children of Johan Jurck Kast;J also another tract, begin-
ning on the west line of said granted lands, on both sides
of the river, running up westward to a certain creek called
Sadahqucda, and in breadth in the woods on both sides of
the river six English miles."

Subsequently, Joseph Worrell, William Cosby, sheriff of
Amboy, John Lyne, Thomas Ffreeman, Paul Richards,
John Ffelton, Charles Williams, Richard Shuckburg,
Timothy Bagley, Joseph Lyne, and Frederick Morris pur-
chased the interest of these Germans, and thereupon drew
up a petition to Governor William Cosby praying that
letters patent be issued for 22,000 acres, being a part of
the lands so purchased. This petition was by Governor
Cosby forwarded to the home government in England,
and upon the representations therein contained George II.,
on the 2d of January, 1734, issued royal letters patent,
" wherein and whereby 22,000 acres of land are granted"
to the petitioners " in fee, in free and common soccage as
of our manor of E. Greenwich, in Kent." The patent then
proceeds :

"In obedifuice to our vntjnl iu^tntctlous to said Governor of New
York, etc., at St. .Tames', the 19tb day of May, 1732, and by the said
William Cosby, (iovernor, etc., and George Clark, Esq., secretary of
said province, Archibald Kennedy, Esq., Receiver-General, and Cad-
wallader Golden, Surveyor-General, commissioners for setting out
land to be granted, have set out to the said Joseph Worrell and others
a certain tract in the county of Albany, on both sides of the Mohawk
River, beginning at a point on the south side of said river on the
west side of a brook called Saduht^iieda, where it falls into said river;
thence south 38° west 238 chains; thence south 52° east 483
chains; thence north 38° east 480 chains; thence north 52° west
48.1 chains ; thence south 38° west 242 chains, to the place of begin-
ning ;" and thence proceeding in the usual form of a patent or deed,

f Doc. Hist., viii. 124.

X This grant was in Herkimer County, and contained 1100 acres.



reserving to the crown all gold and silver mines an^t trees fit for ship-
timber and masts, and the >'oarly rent of two shillings and sixiience
for each one hundred acres, and binding the granti-es to cultivate
three acres in every fifty within the next three years, and concluding,
" Witness our well-beloved William Cosby, Captain-treneral and
Governor-in-Chief of New York, New Jersey, and the territories
thereto depending in America, Vice-Admiral of the same, and
Colonel of our army at Fort George, in the City of New York, the 2d
day of January, 1734."^'

The boundaries above described would give an area of
231,840 squai'e chains, equivaleuli to 23,184 square acres,
from vfliich was probably deducted an iimple allowance for
roads, etc., reducing the whole available for agricultural
purposes to about 22,000 acres.

The following paragraphs relating to the subsequent
changes in the title of this manor we transcribe from Dr.
Baggs' " Pioneers of Utiea." The doctor appears to have
sifted the matter thoroughly, leaving nothing to be desired :

'' By deed of lease, dated Jan. 8, 1734, and by deed of
release dated Jan. 9, 1734, Joseph Worrell and his asso-
ciates before mentioned, together with the wives of such
of them as were married, release and convey the aforesaid
tract of land in the aforesaid patent to William Cosby,
Governor of New York, with warranty therein against
themselves, their heirs, and assigns." This lease and release
are recited in an indenture, dated 20th April, 1762, from
Grace Cosby, widow of Governor William Cosby, to Oli-
ver Delanoey, granting the part of the patent on the north
side of the Mohawk Biver."j"

" The last will and testament of William Cosby, Gov-
ernor of New York and New Jer.sey, was. made on the 19th
of February, 1735, and recorded in the office of the Surro-
gate of the City and County of New York, on the 30th of
March, 1836 (1736 ?). The testator thereby devised all
the tract of land lately purchased by him of the Germans,
and called the Manor of Cosby, situated on both sides of
the Mohawk River, in Albany County, to his two sons,
William and Henry, the part thereof on the southeast (?)
side of said river to his son William, and all that part
thereof on the northwest (?) side to his son Henry. Gov-
ernor William Cosby died in New York, March 10, 1736,
leaving him surviving Grace, his widow, William and
Henry, his sons, and Elizabeth, wife of Lord Augustus
Fitzfoy, his daughter, his only heirs-at-law.

" William Cosby, son of Governor Cosby, resided for
some time before his death at New Rochelle, Westchester
County, unmarried and insane. He survived his brother
Henry many years, and was reputed to be the heir-at-law
of Governor Cosby. He died at New Rochelle, between
1767 and 1776, intestate and without issue.

Lady Augusta Fitzroy, sister and only surviving heir-at-
law of William Cosby, of New Rochelle, sou of Governor
William Cosby, died previous to 1791, leaving her, survi-
ving, her sons, Augustus Henry, Duke of Grafton, Charles
Lord Southampton, and her daughter Grace, the wife of
Richard Garmen, Esq., who were the children of her first
husband, Lord Augustus Fitzroy, and Elizabeth and Lucia
Jeffries, who were the children of her second husband,
James Jeffries, Esq., they being her only heirs-at-law.

" By an act of the Legislature of the State of New

* Jones.

f See farther on.

York passed March 9, 1791, it was provided that Elizabeth
Fitzroy, or such person or persons as wnuld have been the
heirs of William Cosby, late of New Rochelle, if they had
been citizens of this State, and her and their heirs, shall
take, have, and hold all the real estate whereof the said
William Cosby died seized or entitled to in this State, in
like manner as if she or they now, and at the time of said
William's decease, were citizens of this State, any pretense
or plea of alienation to the contrary notwithstanding, pro-
vided that they shall and may sell such real estate within
three years.

■' By letter of attorney dated March 31, 1791, the Most
Noble Augustus Henry. Duke of Grafton, the Right Hon-
orable Charles Lord Southampton, Richard Garmen, and
Grace, his wife, the Honorable Elizabeth Jeffries, and Lucia
Jeffries constituted John Watts and Charles Shaw their
attorneys, jointly and severally to take possession of and
to hold such real estate, and to sell the same or any parts
thereof, etc.

" By deed of release dated March 6, 1793, recorded in
the office of the Secretary of State of New York, the above-
named heirs-at-law of Lady Augustus Fitzroy, by their
attorney, John Watts, for the consideration of £4000, con-
veyed to General Philip Schuyler all that part of the Manor
of Cosby lying on the southeast (?) side of the Mohawk
River, and which by the last will and testament of Gov-
ernor Cosby was devised to his son William, with covenant
and warranty. J

" But, before this time. Schuyler, and those for whom he
acted, had already secured a more perfect title than any he
could obtain from the heirs of Governor Cosby, and to
which their conveyance was but supplementary and confirm-
atory, as I now proceed to show. On the 7th day of May,
1772, Daniel Horsmanden, Esq., Chief Justice of the Su-
preme Court of the province of New York, issued his war-
rant to the sheriff of the county of Albany, commanding
to sell, for arrears of quit-rents, the premises described in
said patent to Joseph Worrell and others. And on the
4th of July, 1772, Henry Ten Eyck, Jr., Esq., sheriff of
Albany County, sold at the in the city of
Albany, at public vendue, to Philip Schuyler, the highest
bidder, 21,900 acres of the said premises for £1243 10s.
7rf., arrears of quit-rents and charges, besides £143 14s.,
costs of advertisements, etc. The deed of Henry Ten
Eyck, Jr., Esq., sheriff of the county of Albany, to Philip
Schuyler is dated July 20, 1772, and was recorded January
23, 1795, in the clerk's office of the county of Herkimer§
(in Utica). In consideration of £1387 4s. 7cZ., New York
currency, it conveys all that certain tract bounded as fol-
lows : Beginning on the south side of the Mohawk River
and the west side of a brook called Sadaghqueda, where
the said brook falls into the said I'iver, and runs thence
south, 38 degrees west, 211 chains and 41 links; thence
south, 52 degrees east, 483 chains ; thence north, 38 degrees

^ The consideration of the above-mentioned deed was equivalent to
?1U,000, one-fourth of which was paid to s.aiU Schuyler by William
Green, as representative of the heirs of John Morin Scott; and one-
fourth was paid him by Rutgor Bleeokcr; and one-fourth by John
Bradstreet, or their representatives. This deed was, in 1S03, in pos-
session of the executors of Rutger Elecckcr.

J Liber B, No. 2, Deeds, p. 279.



east, 453 chains and 41 links; thenee north, 52 degrees
west, 483 chains; thence south, 38 degrees west, 242
chains to the place of beginning. The description omits a
strip, along the southwesterly* side of the patent, of 26
chains and 59 links in width and 483 chains in length, and
containing 1284.29 acres, to which this deed conveys no
title, and which was afterwards improperly called the
' Gore.' This deed recites the above warrant of the chief-
justice, on the application of the receiver-general of the col-
ony, stating that on the first day of June, 1767, there were
three and more years' quit-rent due for said patent, the post-
ing of the requisite legal notices of sale, and the sale by the
sheriff, on the day above mentioned, of 21,900 acres of
said land to Philip Schuyler, the highest bidder.

" General Schuyler made this purchase for the benefit of
himself and of General John Morin Scott, Rutger Bleecker,
and General John Bradstreet, who were equally interested
with him. The purchase-money was paid at the time of
the sale, Bradstreet paying £951 14s. Sd. for his share
of the manor and other lands, and advancing, by way of
loan, £1300 to Schuyler and Scott. General Schuyler re-
fused to be known in this purchase, for fear of offense to
the Duke of Grafton, who, as has been said, was one of the
heirs of Governor Cosby.

" Two separate surveys of the manor had been made
before the last-mentioned purchase. In 1786 a fresh sur-
vey was made by John R. Bleecker. The whole manor
was divided into 106 lots, and a map was prepared showing
the division into lots. The deed of partition, by which
the share of Rutger Bleecker was conveyed to liim, was
dated December 19, 1786, proven on the 1st of November,
1793, by Stephen Van Rensselaer, a subscribing witness,
and recorded on the 28th of January, 1795, in the clerk's
office of Herkimer County.j" It recites the ownership of
three-fourths by Schuyler and one-fourth by Bleecker ; their
desire to hold their shares in severalty ; the division into
lots, particularly describing the boundaries of each of them ;
their balloting for the same ; and that upon such balloting
the lots Nos. 5, 14, 16, 24, 26, 86, 87, 88, 98, 99, and 100,
2, 6, 1(1, 18, 21, 78, 79, 89, 90, 91, 95, 96, 97, 7, 13, 17, 23,
25, 83, 84, 85, 101, 102, 103, and the undivided half of

3, 11, 19, 27; and the north half of No. 1 were drawn by
Philip Schuyler; and lots Nos. 8, 9, 15, 22, 80, 81, 82,
92, 93, 94, 104, 105, 106, and the undivided half of Nos.

4, 12, 20, and 28, and the south half of No. 1 were drawn
by Rutger Bleecker ; conveys to Schuyler all the lots and
shares of lots so drawn by him, and to Bleecker all the lots
and shares so drawn by him.

" General John Morin Scott died in 1784. By a similar
deed of partition, dated Nov. 27, 1786, General Schuyler
conveyed to Lewis Allaire Scott, the son of General John
M. Scott, the east half of lota No. 2 and of No. 3 ; one-half
of 4, of 27, and of 28 ; lots Nos. 7, 13,17, 23, 25, 36, 38,
42, 45, and 50, which lay on the north side of the Mr-
hawk River; also lots Nos. 51, 52, 65, 66, 67, 74, 75, 76,
83, 84, 85, 101, 102, and 103, lying on the south side of
the river.

* This strip is wrongly stated in Dr.
souliieaaterly side,
t Liber No. 2 of Deeds, page 287.

's work to be along the

" Rutger Bleecker died on the 4th day of October, 1787,
leaving a will which is dated September 8 of the same
year, which was proved on the 10th of December following,
and recorded in the surrogate's office of the county of Al-
bany, in Book of Wills, No. 1, pp. 36-38. The testator
gives his wife the support of herself and family out of his
estate during her widowhood. He empowers his executors
to lease, sell, and dispose of his lands, and gives deeds
therefor. He gives and devises all his real estate to his
five children, and to one expected to be born, to be equally
divided between them. He appoints his brother, Barent
Bleecker, his brother-in-law, Peter Elmendorf, and his
friend, John Lansing, Jr., to be executors, and his wife to
be executrix. He left him surviving his widow, Catherine,
his sons, John R. and Peter Edmund Bleecker, his daugh-
ters, Elizabeth Brinckerhofi', Maria Miller, Blandina Dud-
ley, and Sarah Rutger Bleecker^ born Jan. 16, 1788, his
only heirs at law. Peter Edmund Bleecker died Sept. 18,
1793, aged nineteen, and Sarah Rutger Bleecker died Dec
10, 1793, aged five.

"General John Bradstreet died Sept. 26, 1774, in the
city of New York, and was buried in the churchyard of
Trinity Church. His last will and testament, dated Sept.
23, 1774, was duly witnessed and proved, and letters testa-
mentary granted to Philip Schuyler. After a clause of
revocation of all former wills and testaments, and after
sundry specific bequests and devises, he devises and be-
queaths all the rest of his estate, real and personal, to his
two daughters, equally to be divided between them as ten-
ants in common in fee. Notwithstanding which devise,
he empowers his executors to do all acts and execute all
instruments which they may conceive to be requisite to the
partition of his landed estate, and devises the same to them
as joint tenants, to be by them sold for the interest of his
daughters. He appoints as executors the said Philip
Schuyler and William Smith, Esq., of New York. The
last-named executor, who drew this will, renounced the
execution thereof He adhered to the Crown during the
War of Independence, and was afterwards Chief-Justice of
the Province of Quebec, in the city of which name he died
in the latter part of the year 1793.

" General Bradstreet had made a will in England, on the
10th of November, 1754, which seems to have been re-
corded at Doctors' Commons, in which he gave the residue
of his estate, real and personal, to his wife and two daugh-
ters, the whole on the death of his wife to go to his two
daughters. At his death he lefl him surviving his widow,
Mary, and his two daughters, Agatha, who married Charles
John Evans, and Martha, who was unmarried. His widow,
Mary, whose maiden name was Aldrich, had previously
married Colonel John Bradstreet, a kinsman of General
John Bradstreet, by whom she had two children, — Samuel,
major of the Fortieth Regiment of Foot, and Elizabeth,
born in Boston.

" Elizabeth became the second wife of Peter Livius, who
was afterwards Chief-Justice of Quebec, and who died in
England in 1795. Samuel married, and was the father of
two children, — Samuel, lieutenant of the 25th Foot, and
Martha, born in Antigua, W. I., Aug. 10, 1780. Thus,
Major Samuel Bradstreet and Mrs. Elizabeth Livius were



the half-brother and half-sister of Martha and Agatha, the
children of General John Bradstroet. Mrs. Mary Brad-
atreet, the widow of General John, died March 31, 1782,
in England.

" Martha Bradstreet, the daughter of General Bradstreet,
died in England, March 22, 1782, unmarried and without

Online LibrarySamuel W DurantHistory of Oneida County, New York : with illustrations and biographical sketches of some of its prominent men and pioneers → online text (page 14 of 192)