USA > New York > Ulster County > Marlborough > History of the town of Marlborough, Ulster County, New York, from its earliest discovery > Part 10
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Taken & acknowledged the day & year above written
Robert Benson, Secretary.
LEVI QUIMBY Seal
ISAAC WILSEY Seal
It appears from the previous petitions of Levi Quimby that he had been down to New York and
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joined the British army or else was suspected of hav- ing done so, and of being friendly to the King and opposed in some way to the colonies. All the year of 1777 he was under surveillance. The Committee of Safety were watching him and it seems he had been arrested several times and was liable to be arrested at any time; and finally he had appeared before the secretary of the convention, Robert Benson and had made and filed a bond. Quimby must have been ar- rested for treason previous to giving this bond, and he was bound over to the court, at which court he was to answer for that offense or some other charge. It related in some way to his unfriendliess to the canse of liberty. I find no account of any other proceeding. He very likely got along all right, as he remained here and was always afterward a good citizen.
JACOB DAYTON THE BLACKSMITHI.
There has always been a tradition here - it has fol- lowed the name from one generation to another - that Jacob Dayton was a tory in the Revolution and piloted Vaughn's expedition up the Hudson river when it burned Kingston. I remember of hearing this. when a little child and have heard it ever since; it has been a common expression among the people ever since the war. So I have looked up this tradition and have been quite curious to find out if there was anything in it, but I have utterly failed except in finding that he was sus- pected as many others were, who differed in opinion about the war, as being unfriendly to the cause, and was required to give bonds for his loyalty. I have the original bond, a copy of which is given hereafter. I cannot find that he piloted the British vessels up the river. It certainly was not necessary, as the water was deep and their vessels small, and they arrived at
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Kingston in the daytime. Had he done so, it would certainly have been known at the time, and the Kings- ton people would afterward have killed him, but he continued to live here during most of the contest, and even after the war and until he died many years afterward. He owned property and was a man of standing and carried on business; he was a class leader in the Methodist church in 1789 (" Jacob Day- ton's class near Latten Town "). He took an active part in church and town matters and was one of the first trustees of the Milton Methodist Church. He raised a large family, many of the descendants of whom now reside in the town, and about the county; he was the great-grandfather of the late Morgan A. Dayton, the lawyer. He was a good citizen as far as I can find out, and was never interfered with after the war on account of his opinions and conduct in rela- tion to the Revolution. It is passing strange how such a widespread tradition could exist on so slight a foundation as there appears to be for it; there may be more about it but I have failed to find it. It was a common expression among the neighbors: " Where did Dayton get all this property, if the English did not give it to him? "
The following bond was given by Dayton :
Know all men by these presents; That I, Jacob Dayton, blacksmith of the Precinct of New Marlborough in the County of Ulster and State of New York am held and firmly bound unto Nathaniel Potter, farmer of New Paltz in the County and State aforesaid, in the penal sum of Five Hundred Pounds to be paid to the said Nathaniel Potter, or his certain Attorney, heirs, executors, administrators, or assigns, for which payment to be made and done. I do hereby bind myself, my heirs, execu- tors, administrators, and every of them firmly by these presents and sealed.
Dated this twenty-six day of July, 1218.
The Condition of this Obligation is such that if the above Jacob Dayton shall well and truly behave himself to all the
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friends of Liberty in this State, or any other State within herein, he shall reside in all things according to the Laws of the said State, obeying all commands, then this present obliga- tion shall be void and of none effect: otherwise to remain in full force and virtue.
Signed, sealed and delivered in the presence of us Jacob Wood Noah Woolsey
JACOB DAYTON (Seal)
WILL OF JACOB DAYTON.
Devises to Benjamin & others, children of his son, Aristodes, dee'd, certain lands,-180 acres &c. All the rest of his real and personal estate to be valued and divided by three appraisers or commissioners, chosen by his executors, into five equal parts, and divided among his children and grandchildren.
One-fifth part thereof to his son, Cornbury Dayton, to be alloted to him on the homestead farm: one-fifth to his son, Jacob,- that the farm he now resides on be set off to him in his share of the estate: one-fifth to his son, Caleb, that the farm he now resides on be set off fo him as his share : the other re- maining two-fifths part be divided in nine equal shares : one- ninth to his son, Daniel : one-ninth to the children of his son, Hustis, dec'd: one-ninth to the children of his son. Aristodes, dec'd : one-ninth to his executors in trust for his daughter. Martha Russell, to have the use of it during her life, then to go to her children: one-ninth to executors in trust for his daughter, Elizabeth, wife of George Ball, to have the use of and then to go to her children : one-ninth to executors in trust for his daughter, Polly Thompson, and then to go to her children ; one-ninth for children of daughter, Fanny Tillson ; one-ninth to children of daughter, Phebe Sloan, dec'd ; one-ninth to chil- dren of his daughter, Lucretia Sutton, dec'd.
The executors named were his sons, Cornbury. Jacob, Daniel, and Caleb and his friend, Moses Wool- sey. A codicil dated August 7, 1832, makes some slight changes, and directs " That the burying ground which I have set off on my farm be fenced by my executors and kept for a family burying ground to the remotest generation for all my relatives."
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HISTORY OF MARLBOROUGH.
Jacob Dayton died at the old Dayton homestead in 1836 at the age of 80, leaving several hundred acres of land, considerable personal property, and a large family. His will was contested; thirty-two witnesses were sworn, the most prominent men in Marlborough and New Paltz were witnesses. The will was ad- mitted to probate and the property distributed. It appears by the will that most of the children and grandchildren were occupying his lands at the time of his death and he provided as near as he could that they were to have the lands they lived on. He cer- tainly had been a very successful man, and many at- tributed his good fortune to his supposed loyalty to England, but much of this feeling arose, no doubt, from jealousy.
PETITION OF LEONARD SMITII.
To the Honorable the Representatives of the State of New York in Convention assembled. The petition of Leonard Smith of New Marlborough Precinct, County of Ulster and State of New York, Humbly showeth that your petitioner's sloop was taken into the service of this State, October last past and con- tinued in the service until November, and was employed in carrying stores, &c to and from King's bridge to Tarrytown. That said sloop, the last trip she made from King's bridge to Tarrytown, was made there by reason of the enemy's approach. That the sails belonging to said sloop were taken off and put into the store of this State. That your petitioner has applied since to his employers for sails, &c to endeavor to get away the said sloop, but could get none. But they referred him to the Honorable Convention for redress therefore, That your peti- tioner has a certificate ready to be produced of the said sloop being employed in the service of this State. That your peti- tioner conceives that as the said sloop was in the service of this State. it would be extremely hard and unreasonable that the loss of said sloop should fall on and be borne by your petitioner. Your petitioner, therefore, humbly prays that this Honorable Honse would be favorably pleased to take the premises under
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consideration, and to make some provision for the payment of the said sloop, or to give such other relief in the premises as to this Honorable House should seem meet. and your petitioner shall ever pray.
LEONARD SMITH.
Kingston, March 25, 1711.
C'ERTIFICATE OF SLOOP SALLY.
Peekskill, Mar. 15, 1:22.
This is to certify that the Sloop Sally belonging to Leonard J. Smith was employed in the Continental service in the months of Oct. & Nov. last.
WILLY DOBBS.
BOND OF JOSIAH LOCKWOOD_
Know all men by these presents that we, Josiah Lockwood and Uriah Drake, of the Precinet of New Marlborough * are held and firmly bound unto the United States of America in the just and full sum of 300 pounds * to be paid to the said States or to such person or persons as shall be herein- after nominated to receive such fines and penalties.
Which payment well and truly to be made and done, we bind ourselves respectively
Sealed with our seals and dated this seventh day of March 11.
The condition of this obligation is such that if the above bounden Josiah Lockwood do personally appear before a general Court Martial to be held at the Paltz * on the 4th day of April next there to remain until legally discharged by said Court, then this obligation to be void otherwise to be and remain in full force and virtue.
JOSIAH LOCKWOOD (Seal)
URIAH DRAKE (Seal)
In presence of John Hothorn Elizabeth Hothorn
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HISTORY OF MARLBOROUGH.
PETITION OF CADWALLADER COLDEN, JR.
To the Honorable the Representatives of the State of New York in Convention.
That your Petitioner impressed with the most painful appre- hensions of Callamities that would flow from a separation of the American Colonies from the government of Great Britain, Did in the beginning of the present most unhappy Disputes appear opposed to such measures as he Imagined would Involve his Country in Distress in consequence of which he was stig- matized by those from whom he Differed in Sentiment with the odious appellation of an Enemy of his Country, and thereby became the object of hatred, Slander and malevolence was often insulted and frequently threatened with Destruction of his Per- son and Preoperty was among the first that signed the general association, since which time your Petitioner doth aver that he hath in no way whatever opposed or obstructed any publie measures, nor hath he in any one Instance, either Persuaded or Dissuaded any man
Notwithstanding which and without the least cause your Petitioner's house was surrounded by an armed body of men commanded by Col. Palmer in the dead of the night of the 24 of June last, and on being granted admission he the said Palmer and Divers others proceeded to search every part of the house of your Petitioner for arms and ammunition &c, also Examined his Desk and Chest of Papers and though said Palmer declared himself perfectly satisfied that your Petitioner was destitute of all offensive weapons &e he nevertheless seized the person of your Petitioner and sent him under Strong Guard to New Windsor, and the next day was conveyed as a prisoner to Newburgh *
That on the 4th of July your Petitioner appeared before the County Committee, and though no charge was adduced against your Petitioner, much less supported, of his acting Inimical to the Liberties of his Country
Yet to the Surprise of your Petitioner and the astonishment of the County. your Petitioner was ordered to the Common Goal of the County in close confinement under every circum- stance of Indignity and Disrespect For which your Petitioner took the liberty to inform your Honorable Board of his griev- ances and to Pray for relief *
* reconsideration of the rigorous Treatment he had Received by a close Confinement in a jayl for nearly five weeks without any charge against him and Solicits his Discharge. Notwithstanding which all the In-
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chilgences your Petitioner was able to procure has been a re- lease from the common jayl upon giving security in the Exor- bitant sum of 2000 Pounds not to go off his farm until fully discharged by your Honorable Board * *
CADR COLDEN. Junr.
Coldenham, Aug. 21, 1176.
At a meeting of the Committee, Nov. 2, 1776 it was resolved that Cadwallader Colden be brought before the committee, That Capt. Lusk do forthwith apprehend the said Cadwallader Colden, Esq. and bring him before this Committee, that lie carefully and diligently examine all his papers and that he secure all such as may have any reference to the contest betwixt Great Britain and America in order that the same may be ex- amined by this Committee. Resolved that he be forthwith re- moved to the town of Boston in the State of Massachusetts Bay there to remain at his own expense on his parole of honor under such restrictions as the Select Men or Civil Authority of the Town shall prescribe. * Modified. Resolved there- fore that the said Cadwallader Colden be confined on his Parole of Honor within five miles of his usual place of abode he the said Cadwallader first making oath that he will not either di- rectly or indirectly countenance or commit any act or thing whatsoever against this State its Rights and Liberties * *
Cadwallader Colden did not reside here, but re- sided at Coldenham, where a large patent of land had been granted to his father, Gov. Cadwallader Colden, who was the last Lieutenant Governor appointed by the crown and at, and sometime previous to, the con- mencement of the war, he was Acting Governor. He was not only a man of prominence and influence about here, but all over the State. He was one of his Maj- esty's council and as such took the proof and acknowl- edgments of most of the land titles in those times in this town or precinct, and he or some of the family owned Colden's Ridge. I find his name very frequently in old documents. Owing to the honors and emolu- ments that he had received from the mother country he was naturally in sympathy with her and refrained from taking part against her. He died at the com-
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mencement of the war, but his son Cadwallader and his son Alexander, who had previously been sheriff of Ulster county, were naturally suspected of being un- friendly to the cause of liberty and were continually under surveillance.
PETITION OF ELNATHAN FOSTER AND OTHERS, KINGSTON GOAL.
To the Honorable Committee of Safety,
As we have no other way to Inform you of our Necessity but by the Pen and we hope that you are Not oncenciable of the condission that our Familys is in at this time, and they are Not able to sepoart us at this time and we are ont of Porveson and have been for this Two days Nothing but Bread alone and we have not but Tow of us, that is got any money and we must suffer For there is Several of us that is Sick and the Room is so full that there is but one part of us Can Lay down at a time, and we Beg that you would bear our Complaint For you are the gentlemen that we must beg to hear our Cry and without you will have some marey on us sun we must Dy, hear this from your humble Petitioners.
Elnathan Foster Solomon Comes
John Flewelling
Bengemin Darby
Bengamin Smith
David Wyatt Stephen Wood
John Mefad
James Flewelling
Robert Denton
The colonies were very poor and it was quite hard sometimes for the troops to obtain supplies, and in such cases they, or the Committee of Safety, seized upon what was necessary for their wants and issued certificates for the payment thereof; and the follow- ing is one of such certificates, which has never been paid :
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This is to certify that we have taken from William Woolsey seventeen bushels of corn and ten bushels of buckwheat for the use of the States, which you are to deliver to the Commissary of Forage when called for. As witness our hands this 28th day of Oct. 1478.
Corn at three dollars per bushel
Buckwheat two dollars per bushel
NATH'L KELSEY RIGHT CARPENTER Two of the Committee
Cattle, grain and provision were taken up in this way quite frequently, especially when the army lay at Newburgh and at Valley Forge; and horses were pressed into the service to carry the goods. It was claimed that the horses about here and in the Precinct of Newburgh were all used in this service.
TORIES.
Many things led up to the revolution of the States against the mother country, but they were matters that could have been amicably settled in time; the battle of Lexington, however, precipitated matters and it appeared that war was inevitable. To be sure many differed in opinion; those who opposed such a radical step were mostly honest in their views. They could see that it meant a long and bitter struggle with a powerful nation, and a great navy, with the result in doubt, they naturally shrank from the ordeal. It was their best judgment and in many instances their conscience, and as long as they acted in a fair and impartial manner, they should not be blamed. These were called the King's men by their neighbors; they were argued with and every reasonable means taken to induce them to come over to the American side. They were seldom interfered with, if they remained quietly at home on their farms. Some under the name
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HISTORY OF MARLBOROUGH.
of the King's men, and the prestige the name gave, organized marauding parties and preyed upon the country, plundering and annoying the inhabitants, driving off the cattle and taking their property. They became outlaws like Claudius Smith, who was hung at Goshen, Fluwelling and others; some enlisted men, as we have before seen, for the enemy; some enlisted themselves. All such were summarily dealt with when caught. Most all of this class settled in Canada after the war. A few returned, but had a hard time of it. One tory was shot and killed on the Lattintown road at the brow of the hill on the west field of J. R. Wool- sey, at the old bar-way that stood there. Many were tried by the committee or by courtmartial and con- fined on prison ships at the strand, Kingston, and in the jail; at one time there were twenty-nine in the jail. This was in the old courthouse, the jail being under the courtroom. The prisoners suffered great hardships, as we have seen by some of the petitions.
When the State committee met to hold their sessions at the court house, I find that upon motion of Gouver- neur Morris, on the 18th of March, 1777, the following resolution was passed :
Whereas the past want of care of the prisoners now confined in the jail underneath the Convention Chamber, the same is supposed to have become unwholesome and very noisome and disagreeable effluvia arises, which may endanger the health of the members of this convention ; Therefore Resolved, that for the preservation of their health the members of this Convention be at liberty at their pleasure to smoke in the Convention Chambers while the house is sitting and proceeding on business.
About this time there were fifty heads of families of the Newburgh precinct either in the English army or in prison, but there was reason for their loyalty to the King. Governor Colden had been colonial gover- nor; he resided but a few miles away and had many
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friends. Many had appointments and favors from the home government and considered the effort for free- dom hopeless.
More than four generations have passed since that time, and the enmity and hatred engendered has all passed away. In our rise and progress, wealth and greatness, the descendants of those people have borne an honored and successful part. No one should now be criticised for what is past and gone; all that was done in those times is history now. All feeling, hatred and animosity are past. Many generations have passed since, and what is heretofore given in these pages, is given to show only the habits, incidents and history of those times as they existed; they are a part of our town and the things that happened about here - the passing events of those stirring times, when, as it were, our ancestors took their lives in their hands and started out to form a new and great nation.
A DAY OF REJOTUING.
The seige of Yorktown and the surrender of the army of Lord Cornwallis in October, 1781, was the last engagement of any moment. Soon thereafter most of the American army returned to the Hudson river, and in April, 1782, Washington established him- self at the Hasbrouck house, now known as Washing- ton's headquarters, in Newburgh, there to remain most of the time until the army was finally disbanded. Some of the army in the autumn of 1782 were en- camped at Verplanek Point, but they afterward crossed to the west side of the river and went into winter quarters with the rest of the army at Fishkill, New Windsor and abont Walden. Washington and most of his generals and some troops were at New- burgh. During this time the commissioners of Great
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HISTORY OF MARLBOROUGH.
Britain and America, appointed for the purpose, were endeavoring to arrange a basis of peace between their countries, and had concluded their duties so far as the two nations were concerned, but peace appeared to be contingent upon the ratification by contending European powers. In April, 1783, notification was re- ceived of the ratification of preliminary articles and the cessation of hostilities. The joyful intelligence was announced to the army and country on April 18th by an order of the commander-in-chief, and was to be proclaimed at the New Building on the morrow at 12 o'clock noon, and directed that, " The adjutant- general will have such working parties detailed to as- sist in making the preparations for a general rejoic- ing as the chief engineer, with the army, shall call for; and the quarter-master-general will also furnish such material as he may want."
Though the proclamation declared only the cessa- tion of hostilities, yet it was regarded throughout the country as a sure sign of approaching peace-as an end to the toil and suffering of the people and the poverty engendered by the war. Mounted couriers having proclaimed the glad tidings throughout the surrounding country, the people on the early morning of the 19th flocked to Newburgh to attend the general rejoicing and to hear and see the celebration of the day by the army; and the people of this town, owing to their zeal and their proximity to the encampments, turned out en masse. Every conceivable conveyance was pressed into service and even the poor and patient oxen drew the farm wagons loaded with people to the center of rejoicing. All the cares and toils of life were forgotten for the day, the old became young again and participated in all the events of the day. The ceremonies opened at sunrise by the firing of can- non at all the forts and fortifications. The army lined up on both sides of the river with polished arms and
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the war-worn flags of many battles proudly flying from the head of each regiment. There were reviews and parades and the firing of muskets by companies and regiments, after which there were other public ex- ercises. The people mingled freely with the soldiers and sought out long-absent friends and relatives, who were feasted by the good things brought from the farms; nothing was too good for the soldiers then. At noon the order and proclamation of the commander- in-chief was read at the New Building, and prayers and religious exercises followed. During the afternoon the festivities continued and as evening approached the order or proclamation was read at the head of each regiment of the army, after which the chaplain of the several brigades rendered thanks to Almighty God for all His mercies, particularly for His over- ruling the wrath of men to His own glory, and caus- ing the rage of war to cease among nations. This was followed by a dress parade, the firing of cannon again and the roar of musketry along the whole line of the army. The beacon fires from the hilltops then blazed forth the tidings of peace. In thought we can almost see or realize the scenes of festivities and rejoic- ings; the tired though joyous people wending their way homeward through all the long hours of the night: the participants of all this remembered it to their dying days and were never tired of reciting it to their children and grandchildren.
The order or proclamation referred to above was in part as follows :
The commander-in-chief far from endeavoring to stifle the feelings of joy in his own bosom, offers his most cordial con- gratulations on the occasion, to all the officers of every denomi- nation, to all the troops of the United States in general, and in particular to those gallant and deserving men who have resolved to defend the rights of their invaded country so long as the war should continue: for these are the men who ought to be considered as the pride and boast of the American army
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