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uga, in 1804; Oswego, from parts of Oneida and Onondaga, in 1816; Tompkins, from Seneca and Cayuga, in 1817; and Wayne, from Seneca and Ontario, in 1823. There were only fourteen counties in the state when Herkimer was set-on"; and the three then created, Otsego, Tioga and Herkimer, made the number seventeen. There are now eleven whole counties, and parts of two others, embraced in the territory first set off, as Herkimer.
In 1816, parts of the towns of Richfield and Plainfield, in the county of Otsego, were with a portion of Litchfield, in Herkimer county, erected into a new town, by the name of Winfield, and attached to Herkimer county.
In 1817, the towns of Salisbury and Manheim, and all that part of Minden, Montgomery county, now comprised in Danube and Stark, were annexed to the county of Herkimer.
The first counties created, by law, in this state, then a colony, were Albany, New York, Dutchess, Kings, Orange Queens, Richmond, Suffolk, Ulster and Westchester, November 1st, 1683. Albany took its present name in 1664. Montgomery was created, by law, as a county, March 12, 1772, by the name of Tryon, which was altered April 2d, 1784 for reasons well understood by readers of our revolutionary history.
The present county comprises within its limits the following tracts, and parts of tracts of lands granted by the crown, before the revolution, and by the state, since the treaty of 1783.
This mark (*) denotes that the patents are partly situated in Herkimer, and partly in adjoining counties.
The Indian title to Glen's purchase, was extinguished in 1734. The whole tract was subdivided into thirty-nine large lots, of unequal quantities. In
1738 five of these lots were granted to Patrick McClaughry and Andrew McDowell, and eight to James DeLancey, John Lindsay, and Abraham Glen. In
1739 three were granted to Lender Helmer, two to Jacob Glen, three to Archibald Kennedy, three to John Schuyler, Jr., three to Arent Brant, and three to Philip Schuyler. In 1761 three were granted to Samuel Auchmuty, three to William Mitchell, and three to William Ogilvie.
The patent for the royal grant was never recorded in this state. The grant was made by the king in council, and not by the colonial authorities, consequently the date and number of acres can not be given from any entries in the Secretary's office at Albany.
The Guy Johnson tract was conveyed by Jeremiah Van Rensselaer, Jacob G. Kloek, and Henry Oathoudt, commissioners of forfeitures of the western district of New York, to Benjamin Tallmadge, major in the army of the United States, June 7th, 1784, and by Tallmadge to Caleb Brewster, July 9th, 1794.
The above abstract shows that the title to most of the lands in the county, with the exception of those in the extreme northern part, were granted by the crown before the commencement of the revolutionary struggle, and those grants were recognized as valid by the constitution of 1777. But although declared valid by the fundamental law of the state, this declaration was in effect nothing more than an inhibition upon the legislative power of the state to resume these grants at pleasure. The state was left free to protect itself against the treasonable acts or hostile aggressions of any of the parties holding under these grants. This power was exercised by the legislature and carried into effect to some extent in this county, and this makes ft expedient to give that subject a little examination.
The attainder act of 1779 embraced fifty-nine persons, three of whom were married females, and they were also declared convicted and attainted with their husbands of offenses against the act. It had been the practice under the colonial government to include females in the grants by the crown, even when the patents were issued to parties for lands not intended for immediate settlement. At this day a proceeding of this kind against a married lady would seem harsh, discourteous and ungallant. The particular reasons, if any existed, which induced the legislature to adopt a measure so stringent, is not disclosed in the act, and there were none probably which marked them as special objects for confiscation and banishment, except the fact that they - were seized in their own rights of large landed estates within the colony, and their husbands had been prominent and influential partisans in the cause of the crown, and continued their active and devoted adhesion to the king to the date of the act. It was expedient to disarm such persons of all the powers of mischief which wealth and appliances would bestow, as well as to punish past and future aggressions against the state; and besides, this was but a slight departure from the British maxim that an attaint of blood cut off the inheritance.
The legislature passed an act on the 12th of May, 1784, directing the speedy sale of confiscated and forfeited estates, requiring the proceeds to be applied to the sinking and discharging the public securities, created for the purpose of carrying on the war. This was the first step taken to dispose of these estates and the functions of the commissioners ceased in 1788. The act of 1784, designated the kind of money and certificates or bills of credit issued by the state, which might be received in payment for lands sold; and one class of bills were receivable at the rate of one dollar in silver for every one hundred aud twenty nominal dollars of such bills; others at the rate of one dollar in silver for every forty of the nominal dollars specified in the certificates, and a certain class of warrants payable in wheat