Gerret S. Veeder, Jr., Abraham Oothout, John Sanders and John Glen, by conveying said Patent to Michael Tyms, who reconveyed the same to the above named persons as trustees. And on the 15th day of March, 1796, certain of the above said trustees by reason of age resigned their trust and a new board was appointed in their room; to accomplish which the trustees then in power conveyed the Patent to Joseph Mynderse and he reconveyed the same to Abraham Wemple, Nicholas Veeder, Gerrit S. Veeder, Jr., John Glen, John Sanders, Abraham Oothout, Abraham Swits, Andries Van Petton, Jellis J. Fonda, Rykert Schermerhorn and Adam S. Vrooman as new trustees, who executed a bond in the penal sum of £5,000 to the retiring trustees for the faithful performance of the duties of their office. These last mentioned trustees held and managed the common lands until 1798, when their powers ceased, being merged by the first charter of the city of Schenectady in the mayor, aldermen and commonalty. In furtherance of a compromise or settlement of the disputes in relation to the public lands, the inhabitants appointed a committee in 1795 to take legal counsel on the subject. This committee consisted of Andries Van Petten, Jelles Fonda and Maus Schermerhorn, who obtained the following opinion: "Having considered the several questions stated to us by the Committee appointed by the Inhabitants of the town of Schenectady as to the measures most advisable to be pursued for the settlement of their present controversies and the future regulation and benefit of the concerns of the said Town we are of opinion. First, that it will be extremely difficult, if not impracticable by any Voluntary arrangement to effect the above purpose ;· Secondly, That it will be expedient to Solicit the Interposition of the Legislature by Petition for the attainment of the objects which the parties have mutually in view. Thirdly, That the most advisable mode of prosecuting this Petition will be for the Persons who were the Inhabitants in 1714 and their Legal Representatives to appoint by Power of attorney a committee consisting of five or six persons, who shall be authorized to confer with a similar committee of the Trustees and jointly with them to form a plan for the future government and management of the affairs of the town, for setting apart a certain proportion of the Lands as commons and for the disposition of the remainder. PETER VAN SCHAICK, ALBANY, August 6, 1795." In accordance with the above opinion, the Board of Trustees recommended to the committee of the inhabitants to obtain a "proper power from said Inhabitants to transact the business of the town in a more perfect manner," which being done the trustees appointed out of their number, Abraham Swits, Jellis J. Fonda, Andries Van Petten, Adam S. Vrooman, Rykert Schermerhorn and Maus Schermerhorn, to act in connection with the committee of the inhabitants in "bringing the business of the common lands to a speedy settlement." And on the 10th of August, (1795), this committee reported to the Trustees that "there was a great prospect of a reconciliation of all disputes subsisting between the Inhabitants and Trustees," and asking for further time.* The acts and minutes of the Board of Trustees from time to time, show quite clearly that they considered the common lands to belong to the descendants of those who were inhabitants of the township in 1684, the date of the Dongan Patent, or at least in 1714, the date of the confirmation of the same. The Trustees were all of this character, and a yearly meeting of such descendants was held to appoint a committee of their number to audit the accounts of the Trustees. The other inhabitants were incensed that they had no voice in the disposal of these lands, and on the 10th April, 1797, sent a petition to the Trustees, that a committee from their number might be heard on this subject. This was signed by: On the other hand on the 24th of the same month, a committee of the "Descendants" made and published the following reports: "The committee of the Descendants or legal Representatives of the Persons who were inhabitants of the Township of Schenectady in the year 1684, being the time when the Patent of said township was granted or the year 1714, when the above Patent was confirmed Report that they have examined the state of the Business belonging to the Trustees of Schenectady Patent, and find that they have sold 8097 Acres of land, being part of said Patent, engaged 941 acres of land to different persons, and 600 acres of land applied for;- that it appears from the accounts rendered, that there is * Minutes of the Board of Trustees. + Min. Bd. Trustees. the sum of £10,593 for Union College, Market House and other requsites expended and a balance consisting of obligations to the amount of £4,680-6-5 remaining in their hands. The Committee report that in their opinion five trustees, who shall have arrived at the age of twenty-five years, from among the descendants should be elected annually by the male descendants, who are arrived at the age of twenty-one years, on the second Tuesday of June of every year, whose duty it shall be to render and account yearly and every year of their proceedings to their successors in office, or to any of the descendants who shall wish to have access and examine the same; and to have the deposit, care, trust and management of the Patent, lands, Books, Papers, Monies, Accounts, and other things belonging to the Trustees; and that the Trustees when elected, or before they enter on the execution of their office shall severally take and subscribe an oath before some justice of the peace in the town of Schenectady that they will well and faithfully perform the trust reposed in them. The committee state, that there are nearly five hundred of the descendants' families residing on said patent and from a calculation about forty thousand acres of land unappropriated. * * * * * * * * that it be for a durable Therefore Resolved as the sense of the Committee recommended to the Trustees to lease the lands term to the descendants or their legal Representatives for a sum not exceeding three pounds nor less than fifty cents annually per hundred acres, regarding to every descendant's family or legal Representative, a proportion agreeable to equity, quality and local circumstances." "Given under our hands the twenty-fourth day of April, 1797. JOHN YATES, PETER MABEE, LAWRENCE SCHERMERHORN, ABRAHAM DE GRAFF, HENRY A. TEller, On the 9th Sept., 1797, the board of trustees appointed a committee to consult Abraham Van Vechten, Peter Yates and Joseph C. Yates, in relation to a plan of "settlement with the inhabitants concerning the Common lands." Finally on March 26, 1798,† an act was passed by the Legislature with the assent and desire, not only of the other inhabitants of the township of Schenectady, but also of the surviving trustees, by which all their powers and duties in relation to the common lands were conferred upon the mayor, * Minutes Board Trustees. See the first city charter. aldermen and commonalty of Schenectady. And to adjust all claims against said trustees, the Legislature passed an act the same day appointing a commission consisting of Zephaniah Platt, Peter Cantine and Derick Lane, who finally determined said claims and closed their accounts on the 10th Aug., 1798. Even after this final transfer of the common lands to the corporation there was a party who doubted its legality, contending for the resumption and management of them by the old trustees, then surviving. Others while reluctantly acquiescing in the transfer of these lands to the city authorities, objected to their being sold off as fast as the inhabitants. demanded, and contended they should be held for the purpose of supplying the citizens with fuel and timber.* Finally in 1810 (?) the election of aldermen turned on this question; the whole city, then bounded by the ancient limits of the Patent was canvassed by active partisans of both parties and after a close and heated contest it was decided that the common lands should be sold. *[The following facsimile of permit to cut wood, and citizens affidavit, show how jealously the citizens held to this privilege. "To prevent waste of Timber and Fire-Wood on the Common Lands of the city of Schenectady, and for other purposes, passed December 25th, 1813."-This permit, however, to be in force for eight days only.-Dated 181 day of DIVISION OF LANDS. HOW THE LANDS PURCHASED BY VAN CURLER from the MOHAWKS IN 1661, WERE DIVIDED AMONG THE FIRST PROPRIETORS. Four different allotments were made to each of the first settlers; first, a house lot in the village; second, a farm on the Great Flat or islands; third, a pasture ground east of the village, and fourth, a garden lot in the lowland (laeghte) west of Mill creek and near the Binné kill. FIRST.-House lots. The village plat originally embracing mainly the land lying west of Ferry street, was divided into four blocks, or squares, which were again subdivided into ample house lots. For protection this plat was early surrounded by stockades. As the population outgrew these narrow limits, house lots were assigned on the "Albany path" [now State street], so that before 1690 it was sparsely built up as far east as Lange gang (Centre street] and until about 1700, only the north side was occupied by houses. Front, Green and Union streets east of Ferry street, used for I 2000 do swear in presence of Almighty God that I will in all things during the US continuance of the permit granted by the Mayor of the city of Schenectady, dated 0000 day of to cut comply with the law to prevent waste of timber and fire-wood on the common lands of the city of Schenectady, and for other purposes, passed the 25th December, 1813, that the ap. plication which I now make to cut when the same are cut, I intend for my own 6666 use, and I will not directly or indirectly suffer the same to be removed without 0000 the bounds of the said city, under any pretence whatsoever. From date it appears that the lands were not disposed of in 1810. M'M.] |