History of Little Nine Partners, of North East precinct, and Pine Plains, New York, Duchess [!] county

Front matter

^ *o„o' y O o v f

H 1STORY

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Chapter I. North East Precinct

November 1, 1683, the Province of New York was divided into twelve comities of which Dutchess was one. Its boundaries were " from the bounds of the County of Westchester, on the south side, of the Highlands, along the east side as far as Roeliff's Jansen's Kill and east into the woods twenty miles. "

At this time it is supposed this territory had no white settlers, the nearest approach to this being some adventurous traders.

Very soon after the organization of the Province into Counties "land grabbing" was inaugurated, and the lands in Dutchess County were speedily taken by men of influence or capital. Robert Livingston took the initial step in his manor of Livingston, which was followed in Dutchess County by

First— " Rombout Patent," Oct. 17, 1685. Second— " Schuyler's Patent" — in two tracts, one near Red Hook, and one south of Po'keepsie —June 2, 1688. Third— " Po'keepsie Patent" May 7, 1697. Fourth— "Great Nine Partner's Patent" May 27, 1697. Fifth— "Adolph Philipse Patent" June 17, 1697, (now in Putnam). Sixth— " Rhinebeck Patent" June 8, 1703. Seventh— " Beekman Patent" June 25, 1703. Eighth — "Little Nine Partner Patent" April 10, 1706.

Another Patent was granted to Richard Sackett & Co., (Richard Sackett, Josiah Crego, Joseph Sackett, Wm. Huddleston and John Michael,) near Wassaic, Nov. 2, 1704, for 7,500 acres, but they were unable to hold it, as it was covered by other previous grants. The bounds of "The Oblong" were not yet agreed upon, and the patents above named, which were "inland" from the Hudson River, extended easterly to the west line of the Oblong.

These patents were granted under the Colonial governors, Dongan, Fletcher and Cornbury. Governor Bellomont succeeded Fletcher, and protested vigorously against the system of granting lands in the Province, which had been so loosely and wantonly practiced, so he claimed, by his predecessor, and plead for their vacation. He succeeded as to some grants west of Albany, but all those in Duchess County were confirmed or undisturbed.

As to the number of inhabitants or settlers upon these grants in 1701, Governor Bellomont thus writes to the Lords of Trade in London.

"Mr. Livingston has on his great grant of 16 miles long and 24 broad but 4 or 5 cottagers as I am told, men that live in vassalage under him, and work for him, and are too poor to be farmers, having not wherewithal to buy cattle to stock a farm. Old Frederick Phillips is said to have about 20 families of those poor people that work for him on his grant. I do not hear Frederick Phillips' son, Colonel Schuyler, or Colonel Beekman have any tenants on their grants."

October 18, 1701, Dutchess County was provisionally annexed to Ulster County, at which date it had very few inhabitants, who probably resided in the territory now included in Putnam.

In 1713 Dutchess assumed its independency and manhood by electing its county officers, and in 1719 it was divided into three wards, northern, middle and southern, each entitled to a supervisor. December 16, 1737, it was divided into seven precincts named Beekman, Chariotte, Crom Elbo, North, Po'keepsie, Rhinebeck and South East Town. Charlotte Precinct comprised nearly or quite the present towns of Stanford and Washington. March 13, 1786, this precinct was divided, the' north part including Stanford and Clinton was called "Clinton Precinct,"' and south of that was called "Washington Precinct." The first election in Clinton Precinct was held at "David Knapp's dwelling house." This division remained in force until the spring of 1788, when the act for the organization and boundaries of the towns in the county took effect.

North East Precinct was formed from North Precinct, December 16. 1 746. It comprised nearly all the territory in the present bounds of Milan, North East and Pine Plains. These three towns were organized at different periods or dates, the last one more than three quarters of a century after the formation of North East Precinct. Therefore, the civil history of North East Precinct is the history of these three towns until their respective town organization. Nearly all the land which the Little Nine Partners held under their grant — although much more is described in the patent — is embraced in North East Precinct. The Little Nine Partners Patent, for this reason, will now be noticed. In passing it may be said that at the time of these land grants rank and position in society and state were based upon land, and to be proprietor of much land was the ambition of the times. It increased apace with years, for railroad and mining stocks and government bonds, were not in the market The soil was the parent of wealth, and was so considered for a century. Lieutenant Governor Cadwalader Golden, many years after these land grants — in 1765 —writes:

"The people of New York are properly distinguished into different ranks."

1. ,- The proprietors of the large tracts of land, who include within their claims from 100,000 to above one million acres under one grant. Some of these remain in one single family, others are by devisees and purchases claimed in common by considerable number of persons."

NORTH EAST PRECINCT. 5

2. "The gentlemen of the law make the second class, in which properly are included both the Bench and the Bar. * * * * Both the judges and the principal practitioners at the Bar, are either owners, heirs, or strongly connected in family interest with the proprietors."

3. ' ' The merchants make the third class. Many of them have suddenly rose from the lowest ranks of the people to considerable fortunes and chiefly in the last war by illicit trade."

4. "In the last rank may be placed the farmers and mechanics." The Schuyler Patent in 1688 for land "lying over against Magdaline

Island"— near Red Hook — the Patent to Caleb Heathcote & Co.— Great Nine Partners — in 1697, and the Rhinebeck Patent to Henry Beekman in 1703 were supposed to cover all the unappropriated land in northern Dutchess, north to the bounds of the Livingston grant. In fact at that time Livingston Manor Patent was within the bounds of Dutchess County and remained so until 1717 ( when it was annexed to Albany County. But the following petition seems to have exposed a hidden carcass for the land buzzards, and how they contended for the picking is best told by the documents pertaining thereto.

Chapter II. Little Nine Partner Grant

"The petition of Susannah Vaughton, January 24, 1701, before the Council, January 26, 1701. To Honorable John Nanfan Lieutenant Governor, &c. That sometime in the year of our Lord one thousand six hundred eighty-six, one Mr. Henry Pauling, late of the County of Ulster, did agree with your petitioner's husband, Michael Vaughton, viz : that if the said Michael could in the names, and for the use of them the said Henry and Michael, obtain a grant of the then Governor Coll. Dongan to purchase of the natives a parcell of land lying at the Crom Elboogh, now in Dutchess County, that then be the said Pauling, would at his proper cost and charges for the use aforesaid, purchase the same of the Indians. In pursuance whereof the said Michael Vaughton did obtain a grant for the same to himself and the said Pauling, dated the second day of November, 1686, and the said Pauling did by virtue thereof purchase at the place aforesaid several thousand acres of land without so much as discovering the same to your petitioner ( her husband going then to sea on a voyage on which he is supposed to be lost,) who was wholly ignorant of the premises until the year 1691, since which the wife or widow of the said Pauling did make application to Coll. Fletcher, late Governor of this Province, for a pattent for the same, whereupon your petitioner entered a caveat against passing thereof. But without being suffered to be heard by Council a pattent passed the seall for 4,000 acres to Mr. Pauling, which are part of the lands purchased by the aforesaid licence. And your petitioner being well informed that there are some thousands of acres of land purchased as aforesaid joining to Mr. Pauling's Pattent which are not yet patented out.

"She therefore most humbly prays the premises considered, that she may obtain your Honorable Warrant to your Surveyor General for the laying out of three thousand acres of the said land, and have a pattent for the same under a moderate quit rent, that so she may not be wholly debarred of what her husband with great cost and charge obtained.

•' New York, 24th January, 1701."

This petition is accompanied by the following affidavit :

"February. - ), 1701. Mr. Jameson sworn in Council said, that in the year 1690 Pauling the husband applied to the Govemour for a patent and produced the Indian deed. In 1695, Mr. Pauling being dead, his widow applied to the Council for a patent (by) Cortlandt and Bayard. Cortlandt then informed the Council that there was an agreement between Dongan, then Governor, and Pauling, that Pauling should purchase the land at his own charge from the Indians, and that one Michael Vaughton should have half when purchased. That on this information the widdow's petition was rejected, and the reason alleged was, that the children of said Vaughton had the right and not the widdow, for she might marry and defraud her children. Then a pattent was desired by Mr. Cortlandt for the widow, for the use of the children, and granted for 4000 acres. Jameson before the granting of this pattent, went and acquainted the widdow Vaughton of this matter. But she alleged that she was poor and could not bring out a pattent. That he (Jameson) was informed that widdow Vaughton had said, when widdow Pauling petitioned for the whole, the Council said it was too much for one. and said that if Vaughton had any right she ought to apply. "

These proceedings in open Council on the part of Mrs. Vaughton holier lawyers, now twelve years or more since the original bargain, raised the question of title, gave publicity to the transaction, threw doubt into public opinion, and opened a new field for the land grabbers.

Accordingly a company of the charitable sort — "Leigh, Atwood and others" — petitioned Lieut-Gov. Nanfan, April 15, 1702. " That since their former petition of the 10th of November last for land in Duchess County, it hath appeared that an agreement made between yourselves in case such a grant might be obtained) could not take effect by reason of the pretensions of Mrs. Susannah Vaughton, which tbese petitioners are satisfied to be just, it bath further appeared that she was equally entitled with the widow Pauling to a grant made by her and her children upon a purchase of the native Indian Proprietors, In consideration whereof and in full satisfaction of her demand, - she, the said Pauling, accepted a patent of 4,000 acres, which patent being wholly void these Petitioners are desirous to pray no advantage as discoverers thereof, and that rather because some settlement and improvement has been made upon part of said 4.000 acres. May it therefore please your Honors to grant a survey of the whole tract and that forthwith after a survey returned and 4,000 acres laid out for the said Widdow Pauling and her children and their assigns in a square together in such place as they shall choose, provided convenient passage from the water be left for the remainder of said tract, All such Remainder be granted to your Petitioners and their Heirs under a moderate quit rent. And your Petitioners as in duty bound shall ever pray." etc.

The Great Nine Partner Patent in 1697, nearly four years previous In this petition of Susannah Vanghton, recognized the Pauling boundary as follows : "Bounded on the west by Hudson's River between the creeks called by the Indians Aquassing and by the Christians the Fish Creek at the marked trees of Pawling."

The Pauling patent referred to in the preceeding petitions was granted May 11th, 1696, for 4,000 acres to "Neiltie Pauling and Jane, Wyntie, John, Albert, Ann, Henry and Mary, the children of said Neiltie." The lands are "Bounded west by Hudson's River and extend easterly to a creek," in the vicinity of Crom Elbow Creek or Fish Creek, easterly from Rhinebeck.

Henry Pauling, October 23, 1686, received a grant for "Lot No. :» in Marbletown and south of Esopus Kill" in Ulster county. He was lost at sea, or died at sea about 1688.

Meanwhile another company of land grabbers now appear, who claim to have discovered some "vacant lands" belonging to the Indians in northern and northeastern Dutchess, and July 8, 1702, they say "that your petitioners being about to treat with the Indians for vacant lands in Dutchess county, in this Province, and in great hopes to come to an agreement with them fen- the purchase thereof.

Sampson, Broughton & Co."

Tins petition is endorsed "Granted." Soon after obtaining this they learn that "Leigh Atwood and others" had previously obtained a license from Lieut. Governor Nanfan to purchase these "vacant lands" of the Indians, and that this license had expired. Upon this information they took measures to jump the claim of Leigh Atwood and others by a petition, of which this is a copy :

' ' To his excellency, Edward Lord Viscount Cornbury, Capt. Generall and Governour in Chiefe of Her Majesty's Province of New York in America and Vice-Admiral of the same, in Council, Etc.

' ' The Humble Petition of Robert Lurting and Sampson Broughton for themselves and Company, Most Humbly Sheweth, that there is a certaine tract or parcell of unappropriated lands in Dutchess County, in this province, v> hich Leigh Atwood, Esqr. , and others obtained a license from Capt. Nanfan when he was Lieutenant Governor of the said Province, to purchase of the Indians in a certain limited space of time, which is now elapsed and nothing done therein ; wherefore your Excellencies above Petitioners most humbly pray your Excelleney, that for the better improvement of the said lands, and that they may not be wast. Your Excellency would be pleased to grant unto your said Petitioners, a license to purchase the said unappropriated Lands of the Indians, owners of the same.

"And your petitioners as in duty bound shall ever pray, &c.

ROBERT LURTING.

SAMP. BROUGHTON & CO.

Endorsed "Petition of Robert Lurting and Company read in Council 19th November, 1702."

These were the lands in northeastern Dutchess, east of the Beekman and Schuyler patents, and the petitions and proceedings in regard to these "vacant lands," are the origin of the grant known as the "Upper or Little Nine Partners. " The patent was issued April 10, 1706, to Sampson Broughton, Rip Van Dam, Thomas vYenham, Roger Mompesson, Peter Fauconier, Augustine Graham, Richard Sackett and Robert Lurting. George Clark purchased a ninth interest from the eight Patentees making ■ Nine Partners," but he was not a Patentee

He was secretary of the Province of New York at this time, and probably from prudence did not appear an a patentee.

Chapter III. Certified Copy Of The Little Nine Partner Patent

Broughton & Company — Ann by the Grace of God of England Scotland, France and Ireland Qneen Defender of ye faith &c. To all whom these presents may in any wise Concern Sendeth Greeting, Whereas our Loving subjects Sampson Broughton, Rip Van Dam, Thomas Wenham Roger Mompesson Peter ffauconnier Augustine Graham Richard Sackett and Robert Lurting by their humble Petition presented to our Right Trusty and well beloved Cousin Edward Viscount Cornbury Captain Gen '11 and Govern'r in Chief in and over our Province of New Yorke and Territories Depending thereon in America and Vice Admiral of Ye same, &c, In Council have Prayed our Grant and Confirmation of a certain tract of land beginning at ye North Bounds of ye land lately Purchased by Richard Sacket in Dutchess County and Runs thence South Easterly by his North Bounds to Wimpoting thence by ye Mountains Southerly to ye South East Corner of ye said Sacketts land and thence Easterly to ye Colon}- Line of Connecticutt and thence Northerly by the said Colony Line and Wiantenick River to ye South Bounds of Lands Purchased by Jno Spraag & Co. at Owassitanuck thence Westerly by the said Purchase as it runs to ye South West Corner thereof thence to ye Manor of Livingston and by the South Bounds thereof unto ye land Purchased and Pattented to Collo Peter Schuyler over against Magdaline Island and so by the said purchase and Pattent to ye Pattent of Collo Beekman for land lying over against Clyne Esopus fflye and thence by the said land to the South East Corner thereof and thence Easterly to ye said Sackett's South West Corner and thence to ye place where begun, the which Petic'on we being minded to Grant Know ye that of our especial Grace, Certaine Knowledge and meer mo'con We have given granted ratified and confirmed and in and by these presents for ourselves and heirs and successors •do give grant ratifye and confirme unto ye said Sampson Broughton Rip Van Dam Thomas Wenham Roger Mompesson Peter ffauconier Augustine Graham Richard Sackett & Robert Lurting all and singular the Tract of land above menc'oned and all and singular the hereditaments & appurts thereunto belonging within ye bounds and limitts above in the presents mentioned & expressed together with all Woods Underwoods Trees Timber ffeedings Pastures Meadows Marshes Swamps Ponds Pools Waters Water Courses Rivers Rivulets Runs and streams of Water ffishing ffowling hawking hunting Mines and Mineralls Standing Growing Lying .and being or to be used had or enjoyed within ye bounds and Limits aforesaid and all other profitts benefitts priviledges Libertyes advantages hereditaments and appurts Whatsoever unto ye said land and premisses or any part or parcell thereof belonging or in any wise appertaining in eight Equall Parts to be divided (except always and res'rd out of this our present grant all gold and silver mines) To have and to hold one eight part of ye said tract of land and premises aforesaid with the appurts hereby granted or meant men'coned

or intended to be hereby granted as afores'd unto ye said Sampson Broughton his heires and assignes forever to ye only prop'r use and behoof of ye said Sampson Broughton his heires and assignes forever one other Eight Part thereof unto the said Rip Van Dam his heires and assignes forever to the only prop'r use and behoof of ye s'd Rip Van Dam his heires and assignes forever one other Eight part thereof unto the s'd Thomas Wenham his heires and assignes forever to ye only prop'r use and behoof of the said Thomas Wenham his heires and assignes forever one other Eight part thereof unto ye said Roger Mompesson his heires and assignes forever to ye only prop'r use and behoof of him ye said Roger Mompesson his heires and assignes forever one other Eight part thereof unto ye said Peter ffauconnier his heires and assignes forever to ye only proper use and behoof of ye said Peter ffauconn'r his heires and assignes forever one other Eight part thereof unto ye said Augustine Graham his heires and assignes forever to the only proper use and behoof of the said Augustine Graham his heires and assignes forever one other Eighth part thereof unto the said Richard Sackett his heires and assignes forever to the only prop'r use and behoof of ye said Richard Sackett his heires and assignes forever and one other Eight part thereof unto the said Robert Lurting his heires and assignes forever to the only prop'r use and behoof of ye said Robert Lurting his heires and assignes forever (except as is herein before excepted) To be holden of us our heires and successors in free and com'on soccage as of our Mannor of East Greenwich in the County of Kent within our Kingdom of England Yielding & Paying therefore Yearly and every year from henceforth unto us our heires and successors at our Custome House at New Yorke to our Collec'r or Recev'r ( ren'U therefor for the time being at or upon the ffeast Day of the Annuncia'con of ye blessed Virgin Mary ( com'only called Lady Day ) the rent or sum of three pounds Current Money of our Province of New Yorke, provided always and these presents are upon that condition that if no Improvem't be already had or made upon the said Land and Pss's hereby granted nor any part or parcell thereof that then and in such case they the said Sampson Broughton, Rip Van Dam, Thomas Wenham, Roger Mompesson, Peter ffauconnier, Augustine Graham, Richard Sackett and Robert Lurting theire Jieires and assignes some or one of them, shall within ye time and space of three y'rs now next following from and after the date hereof settle clear and make Improvement of and upon ye said land and premises hereby granted or of and upon some part or parcell thereof.

In Testimony Whereof Wee have caused these O'r Lett'rs to be made Pattent and ye seal of our said Province of New Yorke to our said Letters Pattent to be affixed and the same to be recorded in our Secr'ys Office <>f

our said Province.

Witness our Right trusty and Well beloved Cousin Edward Viscount Cornbury our Captain Gen'rl and Governorer in Chief in and over our said Province of New Yorke and Territoryes depending thereon in America and Vice Admirall of the same, &c, in Council at our ffort at New Yorke the tenth day of Aprill in the fifth year of our Reign Annoy Dm' 1706.

GEORGE CLARKE.

I do hereby certify the aforegoing to be a true copy of the original Record compared herewith by me.

LEWIS A. SCOTT. Secretary.

State of New York, / ,

Office of the Secretary of State. } ' s '

I have compared the preceding copy of Letters Patent with the record thereof in this office in Book Number Seven of Patents at page 295, &c. , and I do hereby certify the same to be a correct transcript therefrom and of the whole thereof.

Witness my hand and the seal of office of the Secretary of State at the city of Albany the 2d day of March, one thousand eight hundred and eighty-three.

Ir _ , ANSON S. WOOD,

[U *- J Deputy Secretary of State.

This patent was confirmed September 25th, 1708.

Sampson Broughton was the son of Sampson Shelton Broughton, who was appointed Attorney General of New York in 1700, under Bellomont, successor to James Graham. He left England April 2(5, 1701, and arrived in New York July 24 the same year, and deceased in Feb. 1705. His son, the patentee, was appointed his successor June 18, 1705, but Governor Cornbury refused to allow him to act, alleging he was not qualified, whereupon Broughton went to England and obtain'd the following recommend from her Majesty's Attorney General, Edward Northey :

"Mr. Sampson Shelton Broughton, the father of the present Mr. Broughton, I knew many years, he was a barrister of long standing in the Middle Temple, and his son was bred there under him, and was called to the Bar at the time his father went to New York, and went thither with him. He not having practiced in England before he went to New York. I am not able to give any account of what proficiency he had then made in the study of the law, but that being seven years since, by the accoun the and others have given me of his application to his Studies in New York, and the knowledge he has gained of the People, laws and methods there, it seems probable to me that he will be able to serve Her Majesty there, in the place in which She was pleased by her Letters to direct him to be placed.' -

June 24, 1708. EDWARD NORTHEY.

But this availed nothing in his favor, for John Raynor succeeded to the office.

Rip Van Dam was of Dutch lineage, his ancestor emigrating to America as early as 1653. He was bred a sailor, it is said, and about 1690 was interested pecuniarily in a ship yard on the Nortn River, in the rear of Trinity Church yard. Some of his vessels, under some pretext, were seized and condemned by Governor Nanfan, which caused Van Dam to be his enemy, and he threw his influence and effort into the Anti Leisler party. On the arrival of Governor Cornbury, Van Dam being then a merchant, he was sworn a member of the Council in 1702, by orders from England, and continued an active member until the death of Governor John Montgomery, in 1731, of which event he advised the Lords of Trade in London as follows :

New York, 1, July, 1731.

' " I thought it my duty with all speed to acquaint your Lordships with the death of our late Governor John Montgomerie, Esq., who departed this life last night, and that until further orders from his Majestie, the Government of this Colony is devolved upon me as the first of His Majestie's Council here." * * * *

RIP VAN DAM.

He was thus acting Governor until William Cosby, from England, under appointment by the king, arrived in New York, in September, 1732. Soon after Van Dam became disaffected, and the next year in December he exhibited a complaint of maladministration against Governor Cosby, headed by thirty-six articles in which the Governor is fearlessly criticised and charged with official corruption and injustice.

To this the members of the Council — George Clark, Francis Harrison, Archibald Kennedy, James DeLancy, Philip Cortlandt, Henry Lane and Daniel Horsmanden — replied, and to some extent refuted the charges.

"We have been very often at a loss how to believe that a man of his years could forge so many and so notorious scandalls, " they say in their reply, "but we are to inform your Grace that the resentment, malice and revenge of some of the wickedest men are thrown into his assistance," and * * * " we in most humble manner beseech your Grace that the said Rip Van Dam may be no longer continued in the List of His Majesty's Councill here."

This was counter replied to by Mr. Van Dam, and the whole proceedings published in a pamphlet, and widely circulated. Van Dam had assistants in Lewis Morris and James Alexander, the former under petition of suspension from the office of Chief Justice and the latter from the Council, by Governor Cosby, and herein lies a bit of interesting history concerning two of these Little Nine Partners.

While waiting to hear from the Lords in London concerning the removal of Van Dam, Morris and Alexander, Governor Cosby was taken ill, and two days later he suspended Van Dam. On the tenth of March, 1735, after an illness of fifteen weeks, Governor Cosby died, when Van Dam wrote to "President Clarke" as follows:

"I was informed this morning that last night His Excellency, our Governor, died, whereupon I just now waited upon his widow, to inform her that upon the decease of the late Governor Montgomerie the administration of the government of this province did devolve upon me as eldest Councillor, and requested her that as I was obliged to suppose that His Majesty's Commission and Instructions to her deceased husband were in her possession or power, that she would favor me with a sight of them * * that she wouid deliver the said commission and instructions and the Seal of the Province to me to whom I conceive they do of right belong. * * However I am informed that last night the Commission, Instruction and Seal of this Province were put in your hands," and "I pray that you would favor me with the sight of the Commission and instructions. * *

To this Mr. Clarke replied: "In answer to your letter just now delivered to me by yourself, I do myself the honor to say that Governor Cosby having suspended you, a copy of which suspension you were served with in November last, and I having been yesterday regularly sworn by His Majesty's Councill into the administration of the Government, I conceive the custody of His Majesty's Commission and Instructions to the said Governor, and of the Great Seal of the Province belongs to me, and I shall keep them as it is my duty to do, till His Majesty's pleasure be known to whom only I am accountable."

Clarke thus being Governor was officially placed in opposition to Rip Van Dam, James Alexander and Lewis Morris. Alexander was a member of the Councils of New York and New Jersey. Morris was Chief Justice of New York, and member of the Council of New Jersey. Morris and Alexander were the leading men, and Van Dam and others did their bidding, greatly to the annoyance of Governor Clark. ' ' They threatened insurrection and hanged me," he writes "under a feigned name in a fictitious piece of history about a month ago in one of their printed papers." "Rip Van Dam is a tool in their hands," writes Governor Clark, " he is very old and that small share of natural understanding which he had formerly, is greatly impaired. He is looked upon as the head of the faction, only as he had once the administration of the Government as President."

This was the time (1736) and the faction which controlled the New York Weekly Journal, printed by the celebrated John Peter Zenger, which was prosecuted and publicly burned, and Zenger imprisoned. Lewis Morris, Jr. is charged by Governor Clark as "the author of the seditious papers, " and