Transcript of Original document in the Land Office of New York State. The spelling was kept as on the original document. Unreadable or unclear text is shown in .
To the Honorable The Commissioners of the Land Office of the State Of New York
A statement of facts by Elmathan Fitch, that by information of Joseph Desilvey has entered a aginst there being a patent joined granting to Henry Schoonmaker the two hundred acres of land surveyed by David Baldwin in accordence to a warrant of survey given by Simeon Dewitt Esq. Surveyor General of this State. On account of the said joseph's make some improvement on some part of the land surveyed, for the two hundred acres to granted to Henry Schoonmaker, - I believe it will sufficiently appear to the Honorable Commissioners by the affidavit of Mr. Dies that I did go on to the land with the view of locating this same tract of land before Joseph Desilvey had made any improvements on the land. Neither did I know that was any improvements made on this land till after I had got the warrant of survey. I believe that Joseph Desilvey has gone onto this land without the least colour of title and must according to the laws of this State be considered a tressaper on the land. I have indeavoured to go strictly according to the laws of this State which I expect to protect my person and property as long as I live in it.
And strictly according to my first request to the Honorable Commissioners and to their report .
I believe it will appear to the Honorable Commissioners by the Affidavit of David Baldwin in that after I had surveyed the land I offered to remove my location with the consent of the Honorable Commissionors of the Land Office, By the said Joseph paying me thirty dollars for the expense or if it did not cost me that, I would take less. I likewise offered to pay the said Joseph what any two or three good men chosen by the parties should say his impovements were worth, and should the patent be granted to Mr. Shoonmaker I have no idea that Desilvey would loose his labour. I waited about one day and an half in order to make a compromise with Desilvey the consiquence was there collected a number of men that was settled on the land belonging to this State and begn to threaten and forbid my going till such time as Desilvey had satisfaction and otherways me in a very uncivil manner. The second day as I was about to leave them a person by the name of Lemmon told me after had got through with his that he would not have undergone what I had while in their company for the two hundred acres of land.
Please your Honors, after all this must I loose my trouble and expense of locating, surveying and for to make room for an alien, a Protugee.
The Petition of Elnathan Fitch for and in behalf of Henry Shoonmaker is that the Honorable commissiones of the Land Office will grant unto the said Henry a patent for the two hundred acres according to the survey made by David Baldwin the 7th of April last, or as the Honorable Commissioners shall in their wisdon think just and right and your petitioner as in duty bound will ever pray.
/s/ Elnathan Fitch