T15 – Aug 25th 1784
We the proprietors of an Indian grant made in the month of June 1784 by the several Indian Nations in and about Detroit in favour of Mr Mcfee, Wm Caldwick, Mathew Elliot and Henry Bird esq., Mr Anthony St Martin, Mr Chas McCormack, Mr Robin Surphleet, Mr Thos Mcfee, and Mr Simon Girty, do herby consent and agree that the tract of land directly opposite the island of Bois Blane be divided into four parts and that the upper or north division be allotted to the above mentioned Henry Bird as his share and that the said fourth part allotted to the said Henry Bird shall run back as far as the small river or creek which empties itself into the lake, seven miles more or less, coating from the lower end of Bois Blane, or, as much more on the other side of the land as the majority of the proprietors make consent to, or allow to as much as a mark of our consent we hereunto set our hands this twenty fifth day of August in the year of our lord one thousand seven hundred and eighty four in presence of each other.
Anthony St Martin
Made copy for Major Bird
One side bookhouses
Second Doc as first then continues:
Be it known to all whom it may concern that Henry Bird late Capt. in the Kings Regiment of Foot do give unto Agnes Hazel of Detroit and unto Judith Hicks, sisters, the southernmost of my two houses and the lot of land situate between the two runs or creeks on the east side of the river of Detroit opposite the isle of Bois Blane which they may cultivate of themselves or their assigns. I do give the said house and land aforesaid Agnes Hazel and Judith Hicks until such land and house be reclaimed and demanded by me the said Henry Bird, or my heirs executors or assigns on which claim or demand the aforesaid house and land is to be delivered and given up as property appertaining to Henry Bird or his heirs – and it is to be delivered, (that is the house and lot given for a term as above premised and mentioned) is to be redelivered free from all charges for buildings, labour or costs of any kind that may have been erected or furnished by the aforesaid Agnes Hazel or Judith Hicks or their assigns, but they may remove any such buildings at the delivery of the lot that may have been erected after the date of this deed. And if they or their assigns should have a crop of the land when it is redeemable and claimed they are to have the advantage of such crops further the said house and lot is not to be suddenly abandoned or left without proper persons to take care that the house be not damaged or destroyed.
In witness that this is my free will and deed I thereunto set my hand and seal in the year of our Lord one thousand seven hundred and eighty four and on the 31st day of August in presence of
Barnaby M Eudding – X
We Agnes Hazel and Judith Hicks do consent to receive the house and lot mentioned and described in the premises on the conditions therein proposed and do mean God willing to conform to the above spirit and meaning of this deed.
I Edward Hazel do agree that my wife Agnes Hazel shall receive her part of the house and lot on the conditions proposed in the deed contained in this paper: signed Edward Hicks
Barnaby Mc Edding
We received yours dated 21 Jan/y, 4 Febr.y& 28thApr., we also received last fall Gen. Haldimands confirmation of Capt. Dipeysters deed of your house and lot in town which we have offered for sale to everyone we could think might be inclined to purchase without being able to succeed, some even doubted the legality of the grant, so that it remains undisposed of and still, with great difficulty we got a tenant, and that too at very low rate of £30 per annum, which was poor. Wm Andrews & God knows when she will pay it, the Lord knows, her brother Arthur Collin dyed this summer whose estate is involved in lawsuits, that she can touch nothing that was his. The provisions that you purchased at Montreal to replace those you was in debt to Mr Reynolds met with so many toings and tumbling’s about that they fell so much short of the quantity he became your security for to him, he demanded payment of the deficiencies which we were obliged to Comply with according to the enclosed account amount to £49 6 New York Curs.y the prices charged are so much lower than what is current in town.
We send you a state of your account that you may know for what value to insure your life, we think it just that this should be don that we may not run any risk through our willingness to oblige.
We wish you had given us more ample instructions relative to your farms, Mr Hazel talks largely he now occupies both without paying any rent. Should you make steps to London you may perhaps find our A Macomb there this winter and our father for certain with Captain Mrs Bennett.
Please present our complements to Mrs Bird and believe us dear sir,
Your very humble servants
Alex & W Macomb
Capt. Henry Bird
New York October 27 1788 sent to Cpt. H Bird Goytre Nr Pontypool
The pleasing period being at length arrived when u were to touch the fortune left you. I have taken the liberty of sending your bond and account carried to my friends Mrs Phelps Ellias of no. 27 Mark Lane London for payment and request you will pay to them and their discharge shall be an aquittance from Alex Macomb, the amount of our demand 1stMay back is £1135 2s 11d New York currency to which interest until payment will be added.
We need not urge the cheerfulness with which we advanced this money nor the patience with which we have waited your convenience as motives to prompt you to repay us. We are perfectly assured of your honourable intentions and do not ? and doubt of your inclination to discharge our demand if you probably can we shall say no more on this matter.
The politics of this country have for some times been very fluctuating while the state were undecided on the subject of the new constitution in the place while peace and longevity appear throughout the union during the important deliberation at present things have every appearance of making that peace and tranquillity permanent from the above general concurrence of the states towards the new states of government which is to be organized in this city the first Wednesday in March next.
We promise ourselves much from its consolidation and energetic principals and we hope it will make the country respected as a nation and perhaps may be the means of inducing many respectable families from Europe coming to reside among us, in the number perhaps Capt. Bird.
I visited Detroit last summer and left in August last year – things are very much changed- indeed since your departure – half the houses in the main street empty and three fourths of the merchant banks and supply – your farms at Fredericksburg being very little advanced from what they were when you saw them tho Mr Hazel still lives there he has not enough clearing. The new settlements made by government on the Lawrence have increased astonishingly further sugar loaf increased in Lake Eve to Toronto. In lake Ontario is closely inhabited and from sixty miles west most of Cadgruguy?. Cedars is equally so and all thriving.
At Detroit farms on the same principal are laid out as far as point Pelee but few of them yet in occupation.
I shall be happy to hear from you & make my compliments to Mrs Bird and family,
I am, Dr Sir, yr obed servt
Capt. Bird mouth of the river Detroit.
I have been informed by D Harffy of your kind intention of sending me a few goods to assist me in the support of my family.
I did not accept of your kind offer after last summer as I had some hopes of having the pleasure of you being in this country. At present I shall be much obliged to you to complete the Miland order that Mr Macombe has been good as to write for me and who has during your absence paid me and my family great attention. You will please to him the goods packed in small bales mkd with your own name HB and consigned to Robert Ellis HD merchnts Detroit who will take the trouble of paying the inland navigation and delivering the goods to me and then I can see them. I will deliver the package to Mr Macomb on your order. (I have not been able to clear more than about 30 acres of land on the 2 farms as you will know without money or assistance little can be done in this country. If you send me the above goods I shall be able to make some improvements on the land situated on the back creek.)
I have wrote you several letters and am happy to hear that yourself and family enjoy good health.
I have 3 children, Beth, Sally and Richard and if I have good luck this summer will produce a fourth.
My wife joins with me in your grand wishes to yourself, Mrs Bird and family
I remain Sir and with R
27 Sept 1796 Fort Maldon mouth of the river Detroit
Sir, I had the misfortune to lose my dear wife on the 14thMay last, leaving me with three small children, one boy and two girls.
The land you was pleased to leave in the possession of Mr Hazel and my deceased wife is taken possession of by the government and now a governor is erecting thereon and I understand that Mr Hazel has disposed of the southernmost house for some consideration towards payment. But for fear that I might enquire you in getting the value of your lands from government I have put the upper most house in possession of Douton Nasby who has undertook to take care of the instruction which you left, I never saw until about a month before the death of my dear companion who had entirely forgot her signing of the deed and after I was married and wanted to live in the upper house Mr Hazel asked me fifty bushells of wheat per year to live in it what I would not given and consequently hoped and have the please to inform that my children are all very well as I.
Sincerely hope you and yours are, please send my love to Mrs Bird and the children and,
I am Sir, with great regards your most humble servant
Detroit 11 June 1797 – Mr Major Bird’s American Claim
Mr Little forwarded to me some time ago power of substitution from you to act in Cpt. Bird’s matters here which I shall attend to.
I shall state to you the situation in which they now stand and shall be glad to have your advice in the business.
In the first place the lot of land of the mouth of this river claimed by Cpt. Caldwell, Col Mcfee, Cpt. Elliot viz on an old morain grant and I believe verbally confirmed by the commander chief that at least I have never heard of any deed that was obtained from it/. The front of Cpt. Bird’s farm unfortunately comes within the lines of defence of the garrison of Heratbury? Which also takes in three fourths of Cpt. Caldwell’s farm. Mr Hazel was disposed about 12 months ago when the fortifications were first about to be erected and both Cpt. Bird’s houses have been turned to military purposes, one of them is occupied by the Barracks Master and the other by an officer of the Rangers – Col Mcfee and Cpts Elliot and Caldwell finding that their Indian deed were insufficient have lately petitioned the administrator for a new deed which has been granted to the two first but 200 acres in the front of Cpt. Caldwell has been reserved until the Commdr Chief’s pleasure shall be known. Within a yard of the confines of the garrison. Capt. Bird’s land however lays nearest to that reserved for governmt and it is not probable that he will get a deed for that part as the blockhouses are built upon it. The back land will however be valuable but might be well obtained by the government for that the compensation for 200acres in point taken for the use of the govt. I am to ask of the four lots contains 1000 acres. This house and lot in this town stands in this situation, it was until by W Macomb to a Mr Tarry? Then who died, soon after let by his heirs to a Mr Martcliffe – Mr Macomb’s sudden death and the interval which was equally sudden, a person was empowered to act for his estate and rent being regularly made his affairs were put into the hands of Mr Macintosh a merchant who had made a demand some considerable time ago of rent from Mr Martcliffe who since the late change of Governt. In this place not only refused to pay unto or leave the house but won disputes. Capt. Birds letter to Mr Roux alleging that it was built by the Detroit Goods and belonged to Wm., states Mr Macintosh bought at auction against him but for the singularity or particularly of these counts such was suspended.
(The page now has pieces missing)
Must go to the Supreme Court
Letter to Charles Blake