ON THE ROOTS OF THE AMERICAN REVOLUTION

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HISTORY OF SCHOHARIE COUNTY

by Jeptha R. Simms - 1845

CHAPTER III, continued ...

But a few years after the Schoharie Germans had their difficulties with Bayard, the royal agent, and Sheriff Adams, they began to secure land not only of the seven partners, but also of the natives, and made transfers among themselves.

A bond in the writer's possession, given for what is unknown, by "John Andrews of Scorre, [Schoharie] to John Lawer [Lawyer,] for twenty-six pounds three shillings, corrant money of New York."

Dated the 3d day of May, in the fifth year of our Soveraign Lord George [I.] king of Great Britain, France and Ireland, and in the year of our Lord God, 1720; shows the earliest date of any paper I have met with, that was executed between the early settlers in the Schoharie valley.

This date is within ten years of their first arrival.

The bond is written in a fair, legible hand, and most of the orthography is correct.

In the early conveyances, lands in the vicinity of the Schoharie Court House, were located at "Fountain's town, Fountain's flats, and Brunen or Bruna dorf."

Some of the old deeds bound those lands on the "west, by the Schoharie river, and on the east, on the king's road."

The road then ran near the hill east of the old Lutheran parsonage house, which is still standing; leaving nearly all the flats west of it.

In ancient patents, the brook above Middleburgh village is called the Little Schoharie; which name I have chosen to continue.

Many of the Indian sales of lands in Schoharie county, were legalized by the governor and council of the colony.

The following paper, which is copied verbatim et literatim, will show the usual form of a royal permit:

L.S.

"By His Excellency the Hon. George Clinton, Captain-General and Governor in Chief of the colony of New York, and Territories thereon depending in America, Vice Admiral of the same and Admiral of the White Squadron of his Majesty's Fleet."

"To all to whom these presents shall come or may concern, Greeting:"

"Whereas Johannes Becker, jr., Johannes Schafer, jr., Hendrick Schafer, jr., and Jacobus Schafer, by their humble petition presented unto me and read in Council this Day, have prayed my license to purchase in his Majesty's name, of the native Indian proprietors thereof, six thousand Acres of some vacant Lands, Situate, Lying and being in the County of Albany, on the North side of the Cobelskill, and on the East of the Patent lately granted to Jacob Borst, Jacob C. Teneyck and others near Schoharie: in order to obtain His Majesty's Letters Patent for the same or a proportionate quantity thereof."

"I have therefore thought fit to give and grant and I do by and with the Advice of his Majesty's Council, hereby give and grant unto the said Petitioners, full Power, Leave and lycense to purchase in his Majesty's Name of the Native Indian Proprietors thereof, the Quantity of Six thousand Acres of the vacant Lands aforesaid."

"Provided the said purchase be made in one year next after the Date hereof, and conformable to a report of a Committee of His majesty;'s Council of the second day of December, 1736, on the Memorial of Cadwallader Colden, Esq., representing several Inconveniences arising by the usual Method of purchasing Lands from the Indians."

"And for so doing this shall be to them a sufficient lycense."

"Given under my Hand and Seal at Arms, at Fort George, in the City of New York, the sixteenth Day of November, one thousand seven hundred and fifty-two."

"By his Excellency's command,............ G. CLINTON."

"GEO. BANYAR, D. Sec'y."

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HISTORY OF SCHOHARIE COUNTY

by Jeptha R. Simms - 1845

CHAPTER III, continued ...

A conveyance made in December, 1752, of fifteen thousand acres of land in "New Dorlach," now in the town of Seward -- bounds it on "West creek" -- west branch of the Cobelskill beginning at a bank called in an Indian conveyance, "Onc-en-ta-dashe."

This I suppose to have been the Indian name of the mountain south of Hyndsville.

When the county of Tryon was organized, it took in "New Dorlach;" which was embraced in Otsego county on its organization; and subsequently became a part of Schoharie county.

The parties to an indenture, made November 30th, 1753, were Johannes Scheffer, Christ Jan Zehe, Johannes Lawyer, Michael Borst, Johannes Borst, Johan Jost Borst, Michael Hilkinger, William Baird, Jacob Borst, Michael Bowman, Johannes Brown, Barent Keyser, Peter Nicholas Sommer, Johannes Lawyer Ser, Hendrick Heens, and William Brown.

It was a purchase of fifteen thousand acres of land on the north side of the "Ostgarrege or Cobelskill, about seven miles westerly from Schoharre."

The author has in his possession, a parchment copy of letters patent, dated March 19, 1754.

It was granted in the reign of George II., under the administration of George Clinton as governor, and James De Lancey lieutenant-governor, to John Frederick Bauch, [now written Bouck,] Christian Zehe, Johannes Zehe, Michael Wanner, [Warner,] and Johannes Knisker, [Kneiskern,] "For a certain Track of Land lately purchased by them of the Native Indian proprietors thereof, situate, lying and being in the county of Albany, to the westward of Schoharry, and on the south side of a creek or brook, called by the Indians Ots-ga-ra-gee, and by the inhabitants Cobelskill, containing about four thousand eight hundred Acres, and further bounded and described as by the Indian purchase thereof, bearing date the Ninth day of November last, might appear."

The Patent grants among other things, Fishings, Fowlings, Hunting and Hawking; reserving at the same time Gold and Silver mines, and "All trees of the Diameter of Twenty-four Inches and upwards at twelve Inches from the ground, for Masts for our Royal Navy."

"And also all such other trees as may be fit to make planks, knees, and other things necessary for the use of our said Navy:" with the privilege of going on and cutting the timber thus reserved, at any time or in any manner.

The following singular sentence appears in the patent.

The purchasers, after being individually named, were, with their heirs and assigns forever, "To be holden of us, our heirs and successors in fee and common socage, as of our Mannor of East Greenwich, in the County of Kent, within our Kingdom of Great Britain, yielding, rendering and paying therefor yearly, and every year forever, unto us our heirs and successors, at our Custom House in Our City of New York, unto our Collector or Receiver General there for the time being, on the feast of the Annunciation of the Blessed Mary, commonly called Lady day, the yearly Rent of two shillings and six pence for each and every hundred acres of the above granted Lands, and so in proportion for any lesser quantity thereof."

Within three years after the date of the patent, the purchasers whose interest was equal, were required "to settle and effectually cultivate at least three Acres of every fifty Acres, of the land capable of cultivation."

The conveyance was to be invalidated by the wanton burning of the growing timber.

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HISTORY OF SCHOHARIE COUNTY

by Jeptha R. Simms - 1845

CHAPTER III, continued ...

About the year 1760, says Brown, the Mohawks began to sell large tracts of land around Schoharie, through Sir William Johnson, who was a royal agent of Indian affairs for the six nations of New York, and liberally paid by the British Government.

These conveyances to be legal, he adds, were required to be made in his presence, he usually taking good care to secure a valuable interest to himself.

Land was considered of little value among the pioneer settlers of New York, and large tracts were often disposed of for an inconsiderable sum.

The following certificate, found among the papers of the late Philip Schuyler of Schoharie, will serve to show from its vague limits, the value set by the owner on a large tract of now valuable land.

"I do hereby certify to have sold to Messrs. Philip Schuyler and Abraham Becker, and their associates, the Flats of the Cook House with an equal quantity of upland near the path going to Ogwage [Oquago.] -- And I hereby permit them to take up or mark off any quantity of land they may farther think proper, on the west side the said Cook House branch, granted to me, the subscriber, by the Governor and Council of this province of New York. Albany, 19th June, 1773."

"TH. BRADSTREET."

Attached to this certificate is an affidavit made by George Mann in 1818, before Peter Swart, a Judge of the court of common pleas for Schoharie county, which states that in the month of June, 1773, being then at the Indian village of "Orgquago," he saw "Philip Schuyler pay to the Chiefs of the Indian tribe of the same name, in behalf of John Bradstreet, the sum of one hundred dollars, which he understood to be money received by them in consideration of a deed for a certain tract of land given by the said Chiefs to the said Bradstreet, and which land was situated on the west branch of the Delaware river, commonly called the Kokehouse branch. 2

He adds that Alexander Campbell, John H. Becker and David Becker, were also present at the time.

2. Koke is the Dutch of cook -- to prepare to eat.

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HISTORY OF SCHOHARIE COUNTY

by Jeptha R. Simms - 1845

CHAPTER III, continued ...

While New York was a British province, public roads were called "The King's Highways," and were kept in repair by a tax levied by officers under the crown.

Individuals were not compelled at that period to fence in their lands along the highways, but where the line fence between neighbors crossed them, they placed gates.

This was a source of constant vexation to the traveler, who often complained that more obstructions of the kind were stretched across the road, than necessity required.

Accordingly, to remedy the evil, a legislative act was passed, by which those obstructions could only be placed across the King's road by a legal permit; signed by several of his Majesty's Justices of the peace.

The traveler was annoyed by gates across the highway in thickly settled communities in the Mohawk and Schoharie valleys, for many years after the American revolution.

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HISTORY OF SCHOHARIE COUNTY

by Jeptha R. Simms - 1845

CHAPTER III, continued ...

John Lawyer, named in the bond of 1720, and the father of one of the first white children born in Schoharie, was one of the principal settlers at Bruna dorf: and was the first merchant among those Germans -- trading near the present residence of Andrew Beller, half a mile south of the Court House.

He is said to have been a flax-hatcheler in Germany: and we must suppose, from the state of his finances on his arrival in the Schoharie valley, that he commenced a very limited business.

The natives were among his most profitable customers; as he bartered blankets, Indian trinkets, calicoes, ammunition, rum, &c., with them, for valuable furs, dressed deer-skins, and other commodities of the times.

He was one of the best informed among the Germans who settled the county; and before his death became an extensive land-holder.

He was quite a business man and a useful citizen, aiding many who purchased land in making their payments; and acquired the reputation of a fair and honorable dealer.

He became a widower when about eighty years old, and married a widow in New York city.

Arriving at Albany he sent word to have one of his sons come after him: but they were so offended to think he should marry at that age, that neither of them would go.

One Dominick took the happy couple to Schoharie; where, we take it for granted, they spent the honeymoon.

It has been stated that Lawyer had several children by this late marriage.

Judge Brown assured the author he had indeed, but that they were many years old when he married their mother.

A well executed family portrait of this father of the Lawyers, in the fashion of that day, is now to be seen at the dwelling of the late Wm. G. Michaels, near the Court House.

It was painted in New York, and tells credibly for the state of the fine arts at that period.

A second John Lawyer, who usually wrote his given name Johannes (the German of John), a son of the one mentioned above, succeeded his father in the mercantile business.

He became a good surveyor, and surveyed much land in and around Schoharie county.

He was also an extensive land-holder, owning at least twenty-five thousand acres of land, and his name appears in very many conveyances made in that county before the year 1760.

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HISTORY OF SCHOHARIE COUNTY

by Jeptha R. Simms - 1845

CHAPTER III, continued ...

I have before me a copy of the will of this man, which was dated March 10th, 1760: by which it appears he was then a merchant.

He had three sons and two daughters, and his will so disposed of his large estate, as to be equally distributed on the death of his widow, to the surviving children and the lawful heirs of the deceased ones.

Few parents at the present day in Schoharie county, imitate the commendable example of this wealthy man, and divide their property equally between sons and daughters.

The latter, who are by nature the most helpless, are frequently unprovided for, and while a son or sons are enjoying the rich inheritance of a "wise father," a worthy daughter is sometimes compelled, on the death of her parents, either to marry against her own good sense and inclination, a man unworthy of her; or feel herself really dependant on the charity of those from whom she should not be compelled to ask it.

Johannes Lawyer was succeeded by a son, his namesake, in the mercantile business.

He was also a surveyor, and transacted no little business.

Lawrence Lawyer, one of his sons, who was still living in Cobelskill in 1837, informed me that some person in New York presented his father with a small cannon while in that city purchasing goods, a short time previous to the French war: and that during that war, whenever the Schoharie Indians, who were engaged with the Mohawks under General, afterwards Sir Wm. Johnson, returned home with the scalps of ten or fifteen of the enemy, this cannon was fired for joy.

Thus we perceive that the very cruel Indian custom of scalping, condemned in the savages during the Revolution about twenty years after, the whites had approved in the French war, and demonstrated that approval by the discharge of cannon.

Can we blame the unlettered savage for continuing a custom his fathers -- indeed we ourselves have taught him to think fair and honorable, by our own public approval and celebration?

Ought we not rather to pity the degraded, injured Indian; and amid blushes, censure ourselves for encouraging his love of cruelty instead of tender mercy?


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HISTORY OF SCHOHARIE COUNTY

by Jeptha R. Simms - 1845

CHAPTER III, continued ...

I learned from this old patriot, who was one of the early settlers of Cobelskill, the origin of the name Punch-kill.

His grandfather took a patent of lands adjoining this stream: and on running out the lines in making a survey, punch was made and freely drank on the premises, on which account the brook was call Punch-kill, and has been so called ever since.

This kill is in the northeast part of the town, and falls into the stream of that name.

John I. Lawyer, who was a nephew of the second Schoharie merchant, was learned out, according to a phrase of the times, having received a share of his education in Boston, and proved a very correct surveyor.

He was rather eccentric, and perhaps was not in all respects as happily married, as it is the good fortune of some men to be.

An anecdote related of him which tends to show his character, is as follows: He had been accustomed for a long time to occupy a high chair at the table while eating.

A grandson of his coming home after a long absence, who was a great favorite with his grandmother, she insisted on his having the high chair at the festive board.

The old gentleman put up with the treatment for a few days, but at length growing impatient at such improper favoritism, he entered his dwelling as the table was setting, with a saw, and before any one could stay proceedings, he raised the table and sawed off its legs.

"Now," said he to his wife, "your favorite can have the high chair."

The old lady cast her eyes on the sorry picture which the dishes in fragments on the floor presented, and began to storm -- but it was of no use -- the husband kept his temper.

His voice was not for war.

He went directly and procured a new set of dishes, and ever after he had no difficulty in occupying such a seat at his own table as he chose.

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HISTORY OF SCHOHARIE COUNTY

by Jeptha R. Simms - 1845

CHAPTER III, continued ...

It was formerly customary, not only in Schoharie, but in almost every county in the state, to provide refreshments at funerals.

Indeed, within twenty years, the custom of providing liquor on such occasions has been in vogue, and the bearers and friends of the deceased were expected to return to the house of mourning after the burial, and drink.

Neither was it at all uncommon for people in those days to go home from a funeral drunk: but the barbarous and unfeeling custom of passing the intoxicating bowl on such occasions, has yielded to a better spirit.

It is said that John Lawyer, the second one mentioned in this chapter, kept a barrel of wine for several years before his death to be drank at his funeral; that it was carried out on that occasion in pails, freely drank, and many were drunk of it.

Cakes were carried round at such times in large baskets, and in some instances a funeral appeared more like a festival than the solemn sepulture of the dead.

The old people give a reason somewhat plausible for the introduction of such a custom in this county.

Its inhabitants were sparsedly settled over a large territory, and many had to go a great distance to attend funerals, and as all could not be expected to eat a regular meal from home, those extra provisions were made for friends present from remote sections.

A custom of that kind once introduced, even if at the time justifiable, it is easy to perceive might be continued in after years, until it became obnoxious to sympathy and highly reprehensible.

The following is the copy of a receipt, evidently in the hand writing of the second mentioned John Lawyer, his name being written as the contraction of Johannes.

It was doubtless given as it purports, for liquor drank at a funeral.

"Scoherie, March 29, 1738."

"Then Received of John Schuyler the sum of Twenty Shilings for the five galing [gallons] of Rum at the Bearing [burying] of Maria Bratt."

"Recd by me."

"JOHS. LAWYER."

The Schoharie Indians had but few serious difficulties with the early white settlers.

Judge Brown mentions in his pamphlet that a squaw once shot a man on the sabbath, while returning from Church.

The Indians often had personal broils among themselves, and generally settled them in their own savage way.

Brown also states that in his time he saw one William, a son of Jan, stab and kill another Indian at the house of David Becker, in Weiser's dorf.

An eye-witness of the act informed the author, that the Indian killed was called John Coy.

David Becker then kept a public house, which stood on the present site of the parsonage house belonging to the brick church in Middleburgh.

John had a child in his arms in the bar-room, and was asked by William, another Indian, to drink with him.

The former declined drinking, and walked out of the room upon a piazza in front of the house.

William soon after followed him out and buried the blade of a long knife in his back -- which he did not attempt to draw out -- and departed.

John died almost instantly.

The cause of this assassination informant did not know: it is doubtless to be attributed to the red man's curse -- alcohol.

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HISTORY OF SCHOHARIE COUNTY

by Jeptha R. Simms - 1845

CHAPTER III, concluded ...

Mrs. Van Slyck related the following traditionary story, which serves to illustrate the Indian character.

At a house which stood on the farm now owned by Henry Vrooman, and contiguous to Wilder Hook, about the year 1750, one Indian stabbed another on the threshold of the door to the entrance into the upper part of it.

The deed was committed in the evening, and was the result of a former quarrel.

The tribe took little notice of the act, but when the corpse of the murdered man was about to be lowered into the grave, the father of the murderer required his son to get into it to dig one end deeper.

He did so, and while standing there, the father sunk a tomahawk into his brains.

He was laid down in the narrow house with his implements of war beside him -- the other victim placed upon the body of his murderer, and both buried together.

Thus bodies which in life were rendered so hateful to each other by the savage spirits which controlled them, mingled into one common earth after death, by the fiendish act of a father; who, by endeavoring to punish the believed wrong of a son, became himself the most guilty of the two.

However unnatural an act like this may seem, it was by no means uncommon among the unlettered sons of the forest.

The father often assumed the responsibility of punishing the son, and the son the father, for misdemeanors which might have a tendency to disgrace the avenger, even to the taking of life.

The following anecdote will show another peculiarity of the Indian character.

One of the Schoharie Chiefs, named Lewis, is said to have gone to battle -- probably in the French war, scalped a squaw, taken her home as his prisoner, and afterwards made her his wife and the mother of his children.

The Indians were in the annual habit, to considerable extent, of taking up a temporary residence near corn fields -- when the corn became eatable -- proving unprofitable neighbors to the whites.

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HISTORY OF SCHOHARIE COUNTY

by Jeptha R. Simms - 1845

CHAPTER IV

It has been the intention of the writer, as expressed in the preface, not to confine this work to the limits of Schoharie county, but to garner up as much unpublished historic matter as possible.

Tradition has preserved but few of the personal adventures originated in the French war.

The facts contained in the following sketch were narrated to the author in 1841, by John L. Groat.

In the year 1716, Philip Groat, of Rotterdam, made a purchase of land in the present town of Amsterdam.

When removing to the latter place, Groat was drowned in the Mohawk near Schenectada, by breaking through the ice.

He was in a sleigh accompanied by a woman, who was also drowned.

His widow and three sons, Simon, Jacob and Lewis, the last named being then only four years old, with several domestics, made the intended settlement.

In 1730, the Groat brothers erected a grist-mill at their place, (now Crane's village,) thirteen miles west of Schenectada - the first ever erected on the north side of the Mohawk.

This mill, when first erected, floured wheat for citizens who dwelt upon the German flats, some fifty miles distant.

The first bolting cloth in this mill, was put in by John Burns, a German, in 1772.

When hostilities commenced between England and France, in the war alluded to, Lewis Groat was living at the homestead.

He was a widower at the time with five children; and owning a farm and grist-mill, he was comparatively wealthy.

In the afternoon of a summer's day in 1755, two hundred Highland troops, clad in rich tartans, passed up the valley on their way to Fort Johnson, six miles above - then the residence of Gen. William Johnson.

Groat, observing the swing gate across the road had been left open by the troops, went, after sun down, to shut it.

When returning home, it began to rain, and for temporary shelter he stepped under a large oak tree: while there, three Indians, a father and sons, approached him.

He took them to be Mohawks, and extending his hand to the oldest, addressed him in a friendly manner.

The hand was received and firmly held by the Indian, who claimed Groat as his prisoner.

Finding they were in earnest, and seeing them all armed with rifles, he surrendered himself.

The captors belonged to the Owenagunga, 1 or River tribe of Indians, whither they directed their steps.

The object of their expedition, which was to capture several negroes, they soon disclosed to the prisoner, who told them if they would let him go across the river to Philip's, he would send them some.

"Yes," said the old Indian, holding his thumb and finger together so as to show the size of a bullet, "you sent Indian leetle round negar, he no like such."

They had proceeded but a few miles, when a pack was placed upon the back of the captive, after which he walked much slower than before.

The old Indian threatened to kill him if he did not increase his speed.

"What can you get for a scalp?" asked Groat.

"Ten livres," was the reply.

"And how much for a prisoner?" he again asked.

"Two hundred livres," replied the Indian.

"Well," said Groat, "if ten livres are better than two hundred, kill me and take my scalp!"

The Indian then told the prisoner that he would carry his own pack and the one apportioned him, if the latter would but keep up with the party.

The proposition was acceded to, and they moved forward - the old Indian with two packs on.

He took a dog trot and Groat kept near him.

The feet of the savage often had not left the ground, when those of his captive claimed occupancy of it.

The warrior exerted all his strength to outrun his prisoner, who kept constantly "bruising his heel:" until the former, exhausted and covered with perspiration, fell upon the ground.

They had run about a mile and were both greatly fatigued, but Groat had triumphed.

When the Indian had recovered from his exhaustion, he told Groat if he would carry one of the packs, he might travel as he pleased.

After this adventure he was kindly treated, and often on the way did his captors give him plenty of food and go hungry themselves, saying that they were Indians and could endure hunger better than himself, because accustomed to it.

Nights, his feet were tied to temporary stocks made by bending down staddles, but always secured so high that he could not reach the cord as he lay upon the ground.

After journeying a day or two, the prisoner resolved on attempting his escape.

One evening when unbound, he hoped to give his captors the slip, but suspecting his motives they cocked their rifles, and not being able to gain even temporary covert of a large tree, he abandoned the hazardous project.

1. The Owenagunga settled above Albany, on a branch of Hudson's river, that runs towards Canada, about the year 1672.- Colden's History of the Five Nations.

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