The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-12-03
THE HAsKIN LETTER
LAND TITLES. Titles in the State ofNew York

By Frederic
1t IS an interesting fact that al
though the great landed properties in
the state Of New York for the most
part bear the names of Dutch fami-
lies. and the Dutch word "patroonn as
applied to 9 large landed proprietor is
historical In that state, these prop
critics are manors under the land laws
OF England and are not creations OF
customs and laws dating from the
time of the Dutch occupation.
The Dutch occupation of New York,
then called New Amsterdam. was al
most wholly commercial in its incep-
ton, and the colonization followed
the direction of the plantation by in
diyiduals Of trading posts toward the
interior, each post being self-support-
ing In its surrounding titled land and
the whole being administered on the
patriarchial system of the Dutch col
onists, such as was especially exem-
plitied in the Dutch South African
colonization.
This condition continued from the
FIRST commercial occupation of New
York in 1921 to the seizure of the
colony by the Duke of York in 1864.
Under claim of right to the territory,
ticking Of England had granted 1t to
the Duke OF York (afterward King
James I'D and when the grantee re-
duced the grant to possession, he
found it expedient to confirm the IT,
tie OF the Dutch settlers he found
seated, since contrary course would
have created SO much OPPOSITION to his
government that he would have found
1t difficult, If not impossible to retain
peaceable possession. An English
base of title was substituted for the
titles which might have been deduced
from Dutch grants or occupation,
with the result that the incidents of
title in the state of New York present
nothing alien to the general course of
title derived from the common law
and the English statutes. .,
Upon the accession of the Duke of
York to the throne of England as
James IL, his possessions in New
York became merged in the property
of the crown, but during the years of
his proprietorship as a grantee, Sc
ries of precedents we're established
that subsequently created the land
system which was followed after the
colony had become technically part
of the general colonial possessions of
the crown, and certain differences
are thus marked from the purely
crown-granted lands of other colo
MES.
Perhaps the distinguishing differ
ence in the New York colony was the
discretion given the governor under
the duke, and later the governor of
his council, in the disposition OF
lands. The first code of laws for the
colony, generally known as the Duke
of York's laws" provided for almost
despotic power in the governor as the
direct personal representative of the
proprietor. A representative body
OF any kind was specifically denied to
the people and the governor was Civ
en- practically unchecked powers of
disposition of lands, subject to pro-
visions in the laws that rights of per-
sons already in possession should be
recognized.
This system, as matter of fact,
bore much closer relation to the
: Spanish system of land grants than
any which obtained in any other OF
the English colonies, and he'd much
to do with the turbulent times Of the
colonial days of New York.
On the other hand, the Duke OF
: York's laws specifically abolished the
greater part of the feudal incum-
brances on land made the course OF
alienation much easier from the i'm
d ception than it was in some of the
other colonies. The boundaries OF
the smaller holdings resulting from
early settlement and possession were
defined. and the acquisition of lano
through eXtinguishment of the Indian
title was made comparatively easy.
AS a result Of the policy establish,
ed by the Duke and continued under
the possession of the crown. the fer
tile lands of the central and western
portions of the state were extremely
attractive to immigrants for New
England. and the great western
wave of immigration had its first i'm
pulse from the possibilities of pros
perity in the settlement of the New
York wheat lands. The grants were
made in q large part on the basis o.
an annual payment or rent expressed
in terms of certain number O
bushels of wheat Subsequently thi:
quit rent was compounded by the
state on an equitable cash payment
and the large proportion OF the rea
property was thus set free from any
restriction on its capacity to be en-
joyed and to be freely transferred
from hand to hand.
The restrictive condition which
became subject Of complaint II
! New York was that which resulted
from the transfer Of the rights o.
The original proprietor and the col
ony en- masse to individuals. In q
sense. this represents survival OF
the influence of the Dutch occupa
ton, though under English forms
The dukes representatives found in
situations like that OF Killian Van
Rensselaer, on the Hudson river. He
had established trading post with
outlying plantations. defended them
against Indian attacks and was seat