State Parkland Expansion Touches Colonial, Native American History

Before State Parks could purchase 131 acres of Saratoga County forest to add to Moreau Lake State Park in 2018, staffers first had to find out about all past owners of that land – back to the beginning of written records.

As anyone who has ever purchased a home knows, information on past ownership is addressed in a process called a title search. Property records uncovered in such searches are normally covered by a special kind of insurance meant to protect the buyer of a property against claims over disputed ownership that might arise after the sale.

However, since New York State cannot purchase title insurance on land, it had to ensure that there were absolutely no hidden claims lurking from the past in the potential Moreau purchase. For State Parks, the only way to do that was to follow property records as far back as possible.

This historical detective work stretched back more than three centuries, to a controversial royal land grant during New York’s colonial period that covered Native American lands in what is now much of Saratoga County, as well as parts of Montgomery, Schenectady and Fulton counties.

Called the Kayaderosseras Patent, this land transfer was issued in 1708 by a Royal Governor of some ill repute named Lord Cornbury, who under dubious circumstances bestowed up to 800,000 acres north of the Mohawk River and west of the Hudson River.

Ownership of that land was a disputed tale riddled by claims of fraud and missing records, with Native Americans saying that the Colonial patent holders grossly overstated what originally was intended to be a very modest land sale. And the entire affair took six decades to untangle…

Based on a shadowy alleged sale agreement dated several years earlier from native Mohawk tribal leaders, Cornbury awarded this massive tract of land to 13 prominent Colonial citizens of the time _ all in exchange for official fees, of course. The group included such well-connected players as the colony’s Attorney General, several prominent Albany residents, and some Manhattan businessman of Dutch ancestry, with one of them named Joris Hooglandt.

The land patent in colonial New York was an important unit of settlement, along with the large manors of the Hudson Valley—preeminent among them the Van Rensselaer Manor, or Rensselaerwyck, which covered much of present-day Albany and Rensselear counties, as well as parts of Columbia and Greene counties, and Livingston Manor further to the south in Columbia and Dutchess counties. These areas were governed by powerful and wealthy patroons who enjoyed sweeping authority over land usage.

Prior to the American Revolution, land patents were issued by the English Crown or colonial authorities to individuals or groups as a means of encouraging settlement of the sparsely populated frontier.  To those who were granted patents fell the responsibility of surveying, subdividing and conveying parcels to new settlers, which were offered either as freehold land or otherwise as land occupied under lease agreement, as was the case of the quasi-feudal manor system.

The Kayaderosseras episode can be seen as an early example of the dispossession of Native American lands that was to occur repeatedly throughout American history in the years that followed it. Here in the 21st century, the story of this land can be updated to reflect a more nuanced point of view on past decisions and actions that might not now be seen as just or exemplary.



The shadowy origins of this patent were described in an 1878 history of Saratoga County by Nathaniel Bartlett Sylvester:

“By far the largest and most important land-grant made in colonial times, any part of which lay within the bounds of Saratoga County, was the patent founded on the old Indian hunting-ground of Kay-ad-ros-se-ra. This large tract includes the greater part of Saratoga County, and runs also on the north into Warren county, and on the west into Montgomery and Fulton.

Kay-ad-ros-se-ra, “the country of the lake of the crooked stream,” as has already been seen in these pages, was the favorite hunting-ground of the Mohawk branch of the Iroquois or Five Nations of central New York. The Indian deed was obtained of the Mohawk chief in the year 1703, but the patent was not granted till the year 1708, and the Indians did not ratify the purchase till the year 1768. This patent was, therefore, disputed ground for more than sixty years.

According to the online description by the New York State Museum, the alleged size of the Kayaderosseras patent later was reduced by Colonial officials, but still was claimed to encompass more than 250,000 acres.

However, these supposed new owners took no action on their land patent for decades, with property interests changing hands during the years before steps to conduct land surveys finally started in the aftermath of the French and Indian War in the 1760s, which settled that the British, and not the French, would control North America. By that time, due to subsequent sales, deaths and inheritances, interests in the land patent had spread out to among some 130 colonists.

Sylvester’s story continues:

“At length, in 1763, the French and Indian war being over, the patentees of Kayadrossera began to look, with longing eyes, after their lands. In the year 1764, some one of them began to issue permits to settlers to enter upon and occupy portions of the patent.

In pursuance of these permits, several families moved upon the patent in the vicinity of Saratoga lake, at the mouth of the Kayadrossera river.

In the fall of that year the Mohawks, upon their hunting excursion, fell upon these settlers and drove them away.

Learning from the settlers that they claimed it by purchase, the Mohawks became alarmed, as they said they had never heard of such purchase.

The Mohawks at once appealed to Sir William Johnson, and were surprised to learn that the whole of their favorite hunting-ground had been deeded away by their fathers more than two generations before.

It is telling who the Mohawks turned to as their advocate. Johnson, whose home in Johnstown, Montgomery County, is now a state historic site, was the largest single landowner and most influential individual in the colonial Mohawk Valley. His success and fairness in dealing with the Mohawks, as part of the Six Nations of the Iroquois, greatly influenced England’s victory over France for control of North America.

For his service, the British Crown bestowed upon Johnson the title of Baronet, and appointed him Superintendent of Indian Affairs, a position to which he devoted himself and held throughout his life.

It is important to note that Sylvester was writing as a resident of the mid-19th century, a time when the U.S. was fighting a series of violent wars against the Native Americans of the Great Plains. His viewpoint was likely informed by the predominant viewpoint that Native lands had to be taken, by force if necessary, for the United States to grow.

As Sylvester returns to the saga where the Mohawks turned to Johnson for help with the alleged decades-old sale of their lands:

Sir William took up the matter warmly in favor of the Mohawks, and made every effort in his power to have the patent set aside.

In the first place, Sir William wrote to Lieutenant-Governor Colden, stating the case as he understood it, and urging relief. That very autumn, Sir William introduced a bill into the Colonial Assembly to vacate the patent on the ground of fraud.

These measures failing, in the year 1765 Sir William appealed to the council in person in behalf of his dusky brethren, but the members of the council put him off with, among other things, the plea that to vacate the patent in council would be disrespectful to the council who granted it. By this time the controversy had been taken up warmly by all the tribes of the confederacy of the Six Nations, and Sir William in their behalf petitioned to have the patent vacated on the ground of fraud by act of Parliament.

At length the proprietors themselves became alarmed for the safety of their patent, and offered to compromise with the Indians by paying them a certain sum of money to satisfy their claim. The Mohawks thought the sum offered too small, and the effort failed.

Thus the matter went on till the year 1768, when the proprietors of Kayadrossera gave to the governor, Sir Henry Moore, full power to settle with the Indians. In pursuance of this authority, Sir Henry proceeded to the Mohawk country in the early summer of 1768, and called a council of the Indians to deliberate upon the matter. But it was found that the proprietors had no copy of the Indian deed to produce in evidence on the occasion, and that, as no survey had ever been made, no proper understanding of the subject could be arrived at, and the council was dissolved.

Upon his return to New York, the governor ordered a survey of the patent to be made. The outlines of this great patent were accordingly given by the surveyor-general, and, the boundaries being ascertained, a compromise was arrived at. The proprietors relinquished a large tract on the northwestern quarter of what they had claimed to be their land, and fixed the northern and western boundaries as they now run. They likewise paid the Indians the sum of five thousand dollars in full of all their claims and the Mohawks thereupon ratified the patent and forever relinquished their claims to their old favorite hunting-ground.”

Ultimately, with Johnson’s intervention, the once-gigantic Kayaderosseras land grant was reduced to about 23,000 acres as part of a compromise that eventually concluded the sale in 1768, according to State Museum records.

And this brings our story full circle at last…

The new portion of Moreau Lake State Park so recently added was among the patent lands awarded in 1708 to Joris Hooglandt, the Dutch merchant who lived in Colonial Manhattan. He died in 1712, and there is no record that he ever saw or did anything with the disputed land that he allegedly owned.

In 1723, his children sold their claim to the widow of Hooghlandt’s brother. And in 1770, with the dispute finally settled, descendants of that family ended up with two of the original 13 patent shares, making it the largest single largest land distribution that could be traced back to an original party.

Over the years, this land was sold many times privately before finally becoming part of Moreau Lake State Park in 2018.

This new parcel at Moreau Lake State Park encompasses multiple summits, including portions of the Palmertown Range, and affords dramatic views of the Hudson Valley and southern Adirondack Mountains. The park was 700 acres when established in 1968, and has since grown to about 6,100 acres.

And this land, like all land, has a story to tell, which in this instance may help state residents further examine and appreciate some lesser-known aspects of our shared history.


Post by Brian Nearing, Deputy Public Information Officer; Travis Bowman, Senior Curator, Bureau of Historic Sites, and William Krattinger, Parks Survey Project Director.


Cover Photo: Historical maker on the Kayaderosseras Patent in Ballston Lake, Saratoga County. (Courtesy of Saratoga County Historian and William G. Pomeroy Foundation)

Sources:

New York State Museum link of the Kayaderosseras Patent.

History of Saratoga County, New York (1878), by Nathaniel Bartlett Sylvester

Read a Daily Gazette account of an 1812 copy of the Kayaderosseras Patent map being restored and put on display at the Saratoga County Clerk’s Office in the village of Ballston Spa, which was first settled in 1771, the year after the disputed land patent was resolved..

Follow this link to an 1866 map of Saratoga County, showing the outlines of the patent, maintained by Clark University.

War On the Middleline: The Founding of a Community in the Kayaderosseras, By James E. Richmond

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