Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-12-03
LAND TITLES.
V.-Titles in the State of New
York.
By Frederic J. Haskin.
By Frederic J. Haskin.

of New York for the most part bear
the names of Dutch families. and the
Dutch word PATRON" as applied to
large landed proprietor. is historical in
that state, these properties 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 lndl-
viduals of trading posts toward tne
interior, each post being sell Supp,
ing in it's surrounding titled iaho' anu
the whole being administered on the
patriarchial system of the Dutch colo
nists, such as was especially eXenpn-
fed in the Dutch South African colonl-
cation.
This condition continued from the
York in 1921 to the seizure OF .ne
colony by the Duke of York in 1864.
Under claim of right to the terrltory:
the King of England had sranted IL
to the Duke of York ta1terWard N, ra
James I'D. and when the. grantee re-
duced the grant to possession, ne 1ou,'u
it expedient to confirm the tue OF tne
Dutch settlers he found seated, since
contrary course would nave createu
so much opposition to his governmene
that he would have found it dincult. II
not impossible, to retain peaceapie pUS
session. An English base OF titie va
substituted for the titles which mlsne
have been deduced from Du,ch W.
incidents of title in the state OF view
York present nothing alien to me gen
eral course of title derived IRON M
common law and the English s,atu'
Of
YORK to the throne of England as
lanes II his possessions in Ne" 1ork
became merged in the properly ~
the crown, but during the years OF ms
n nrecedents were established and a
course of procedure laid down tnat
substantially created the lana sys,eni
which was followed after the cSiohs
had become technically part Oh me
general colonial possessions OF .he
crown, and certain differences are mus
marked from the purely crown-srahleu
lands of other colonies
Perhaps the distinguishing difference
in the New York colony was the dis
cretion given the
Governors Powers governor under
Almost Despotic. later the gov
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 de-
MED to the people, and the governor
was given practically unchecked pow
ers of disposition of lands, subject to
provisions in the laws that rights of
persons 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 had 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
brances on land and made the course
of alienation much easier from the in
ception than it was in some of the
other colonies. The boundaries of the
smaller holdings resulting from early
settlement and possession were de-
fined. and the acquisition Of land
through extinguishment of the Indian
title was made comparatively easy.
AS a result of the policy established
by the duke and continued under the
possession by the crown, the fertile
lands of the central and western por-
lions of the state were made extreme
ly attractive to immigrants from New
England, and the great western wave
of immigration had it's first impulse
from the possibilities of prosperity in
the settlement of the New York wheat
lands. The grants were made in
large part on the basis of an annual
payment or quit rent expressed in
terms of certain number of bushels
of wheat. Subsequently this quit rent
was compounded by the state on an
equitable cash payment and the large
proportion of the real property was
thus set free from any restriction on
it's capacity, to be enjoyed and to be
freely transferred from hand to hand.
The restrictive condition which be-
came a subject of complaint in New
York was that which resulted from the
transfer of the rights of the original
proprietor and the colony en- masse to
individuals. In a sense this repre-
sents a survival of the influence of the
Dutch occupation. though under Eng
lish forms. The dukes representatives
found institutions like that of Killian
Van Rensselaer, on the Hudson river. |
He had esta blished trading post with
outlying plantations. defended them
against Indian attacks and was seated, |
with a numerous following, in posses |
sion of the route to the interior and
In a situation practically to dictate his
own terms. |
To approximately half score of such
magnates patents were issued within |
the boundaries
Patents Issued of certain nat
to Dutch Magnates. and inc,ndin mo-
tho 1apdS claimed nv each To be within