Duane Family
Duanesburg Patent Land Papers, 1734-1835

SC14786

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Biographical Note:

James Duane (February 6, 1733-February 1, 1797) was a prominent American lawyer and jurist as well as a leading figure in New York State politics and government during the Revolution and early years of the American republic. He served as a delegate to the Continental Congress, a New York State senator, mayor of New York City, and a U.S. District Judge, and he was a signer of the Articles of Confederation.

Anthony Duane (ca, 1679-1747), the father of James Duane, was born in Ireland and had been an officer in the British Navy at the time he came to America about 1698. In 1702 he left the navy and married Eva Benson, the daughter of New York City merchant Richard Benson. They had two sons. After Eva died, Anthony married Althea Ketaltas (variant spelling: Hettletas), the daughter of a wealthy Dutch merchant family. James is a son from this marriage. Althea died in 1736 and Anthony married a third time, in 1741, to Margaret Riken (Rycken).

Anthony Duane's mercantile career provided him with the means to invest in land that could be developed and rented out. In 1741 he acquired a large tract located a short distance to the west of Schenectady, which at the time was primarily a frontier trading post in the colony of New York. After he died, the land passed to his son James, who expanded the estate by purchasing adjoining tracts of land.

The Duane landholdings were organized into a township that was officially recognized by letters patent, March 13, 1765. Eventually, much of the land in the original patent would form the present Town of Duanesburg in Schenectady County.  The date of official recognition as a town was March 22, 1788.

Scope and Content Note:

These papers relate to the lands in the Duanesburg Patent (also frequently spelled Duanesburgh) and record the conveyance of title by various speculators that led to the acquisition by Anthony and James Duane of some 100,000 acres. Included are deeds, leases, letters patent, legal papers and surveys. Persons owning property or involved in land title transactions include John Watts, William Cosby, Daniel Horsmanden, Walter Butler, John Butler, Alexander Colden, and Cadwallader Colden.

The 76 documents, on vellum and on paper, include six letters patent (some with the seals of the Province of New York in their original round pewter boxes) and signed indentures. They show how the land in and around Duanesburgh became the property of the original owners by grants from the crown or by purchase from Indians or later owners. Anthony Duane acquired 6,000 acres in 1741; his son, James, bought 1,000 acres in 1761 and subsequently acquired large tracts by purchase and lease.

Notable among the documents for 1761 are two (one letters patent) containing plans signed by Cadwallader Colden as surveyor. These small plans are of tracts of land purchased originally in 1733 and 1734 "from the native Indians by Walter Butler and others." Colden's signature also appears on other documents.

Of the 37 vellum documents there are a number signed by royal governors: Robert Hunter in 1719, George Clarke in 1735, and William Cosby in 1734. A paper document attached to the vellum copy of a will is signed by Frances Barnard of New Jersey in 1760.

Other signatures on vellum documents, where the principal has appeared as a witness or in another capacity are those of James De Lancey, Chief Justice (1703-1776) in 1734; James Duane and his son, James C. Duane; Hugh Gaine in 1791; Daniel Horsmanden (1694-1778) at numerous times; Robert R. Livingston in 1788; Alexander Macomb in 1791; Richard Morris in 1788; and William Smith (1697-1769) in 1761. Dr. Peter Middleton's (d. 1781) signature appears several times in 1762. Gerard Bancker's signature and that of Abraham Van Vechten appear on the later endorsements.

With the exception of the royal governors, the same signatures are found on many of the paper documents, which are in some few instances duplicates of the vellum originals; in addition, there is the signature of the Loyalist Lt. John Butler (1728-1795), son of the Capt. Walter Butler of Fort Hunter, who had made the original purchase from the Indians in 1733, on a document in 1766, and signatures of a younger group of New York lawyers, including Robert Benson, John Lansing, Jr., and Peter Van Schaack.

In 1765 Duane is known to have subsidized the emigration of a group of Germans from Pennsylvania to help develop the area; thus, there are a number of documents signed that year by the Rev. Michael Schlatter of Philadelphia. The latest document, 1795, is a deed of gift of a farm in Duanesburgh from James Duane to James C. Duane.

A related document is James Duane's map of the town of Duanesburgh and the surrounding country (Map Accession Number (74744) 1765; originally 12353):

Duane, James. A.Ms.S. initials. Rough map. Duanesburgh and Surrounding Country. In pen-and-ink, a little watercolor. Folio, 22 in. x 17 in. with small paper extensions sewed on right margin, center, and lower left corner, repaired. French paper with watermark of device including a fleur-de-lys and letters "LVG" below, with "IV" off to the left. With A.Ms. notes relating to Duanesburgh in his hand in center and endorsement lower right, "Laid down by a scale of 100 Chains to an Inch. J.D." 1765 f.

This simple plan is most probably the work of James Duane, founder of Duanesburgh (created March 13, 1765). The town is centered with reference to its location in respect to neighboring towns. Though the plan is doubtless based on a formal map there is no attempt to make a professional job of it, beyond tracing the Mohawk and Schoharie rivers. Towns are shown by rough sketches of houses.

At the center left the points of the compass are indicated; the principal sites shown are:
(Top - West) "Schoharie containing 7 towns"
(Right - North) "Fort Hunter" (this runs into a small paper extension sewed on the right center margin)
(Bottom - East) "Schenectade" (note that the small paper extension sewed to the lower left corner shows the Hudson and Albany)
(Left - South) "Manour of Renselaerwyck"

In the center within the part of the plot forming the Township of Duanesburgh, Duane has written in an italic hand some information about the extent of the town and distances from the large towns in the area. His mention here of the presence of German settlers dates the work on the map from 1765 f.

Another related document is "Plan of Duanesburgh/Part of the Estate of James Duane Esq."
(Map Accession Number (74744) 1766; originally 12419):

Cockburn, Will. A.Ms.S. pen-and-ink and watercolor on vellum. Plan of Duanesburgh … P & O run into Lots. On two sheets, sewed, 22 plus in. x 52 plus in., worn, some stains, folded, with paper label, slightly damaged, on verso. 1766 f.

Very competent map containing a general index in lower right corner for 6571 acres; it is the lower half of a complete map of the area (its whereabouts, if ever made, not known). The paper label on the verso reads "Map/of the Subdivision of that part of the T[own of]/Duanesburgh, which was granted in right of/Capt. J. Brower and Lt. J. Butler/comprehending 5000 Acres/Donc Anno 1766."

Elevations, rivers and creeks, roads, farms and other individual properties with ownership are shown. There are notes that some of the roads were surveyed by other men.

The owners, John Butler and John Brower (or Brewer), sold their property in this year to James Duane. The town had been created in March of the previous year.

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