USA > New York > Ulster County > Marlborough > History of the town of Marlborough, Ulster County, New York, from its earliest discovery > Part 9
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April 24 1772
ELIZABETH WIGGINS
P. S. We the subscribers being Perfectly acquainted with the above Petitioner and think it highly reasonable that the Hon- orable Convention be pleased to grant the prayer of the above Petitioner.
Witness our hands the date above
LEWIS DUBOIS, Major STEPHEN CASE Captain JACOB WOOD Captain
This is easily understood. Wiggins had left his family and gone off and enlisted with the enemy. His prop- erty had been seized by the Commissioners of Con- fiscation, and his wife was making this strong appeal to the highest State authority; it is an earnest and eloquent appeal and shows the great distress under which she labored. Our officers here, DuBois and the
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HISTORY OF MARLBOROUGH.
rest, indorsed the petition and tried to help her. I do not find the result, but it is quite likely she got the property.
LEWIS DU BOIS' COURT MARTIAL.
At A General Court Martial held at Fort Montgomery April 30, 1711, Agreeable to the Orders of his Honor Brigadier General George Clinton, dated the said 30 Day of April, for the trial of all such Persons, as shall come before them, charged with Levering War against the State of New York within the same, adhering to the King of Great Britten, enlisting Soldiers and being enlisted as a Soldier in the Service of the King of Great Britten, and owing Allegiance or deriving protection from the Laws of the State of New York.
Present Col. DuBois President.
Capt. Rosecrans Stewart Lee
Bevier Goodwin Nicoll Tilford Hardenbergh Hasbrouck
Capt. Conklin Milligan Vancura McBride Dewitt Schoomaker
Lieut. Post
Hunter
Captain Lusk as Judge Advocate.
After several other cases had been taken up. Jacobus Rose was brought the court. He plead " Guilty " to the 1. 2 & 4 charges, to the 3d " Not Guilty." and confessed: "That one David McGiven a Capt. in Col. Faning's Regiment told him that every man who enlisted in the King's Service should have 100 acres of land and each of his children should have 50, and five pounds bounty and Pay from the time of enlistment to the Discharge That he told the Men he engaged to enlist that Col. Fanning told him that they had only their Government to Clear. That Gov. Tryon was to be their General. That he ( Rose) gave orders to his men to load their guns and Defend themselves if necessary. That the second Time he went to New York he carried 1; men with him * * * That he had 33 or 34 men with him at this time. That he left New York about 20 days ago.
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MARLBOROUGH IN THE REVOLUTION.
" Arthur MeKinney being brought before the court charged holding 1st correspondence with and giving Intelligence to the Enemy, 2d giving them aid and comfort " to both of which he pleads " Not Guilty.".
" The Prisoner being examined says that some time Saturday Night last Rose and his Party came to his farm, that he (the Prisoner) gave them food, and that his wench informed Rose that the Melitia were in pursuit of them and that he (the Prisoner) afraid that Rose or his Party would Burn his Barn if he (the Prisoner) discovered them, and that Rose Begged him not to Discover them which he Did not Do * That he knew Rose to be an officer and if he ( Rose) should be taken would be Hanged and (he the prisoner) said he Did not like to have Rose's Blood on his hands but further Says he was inno- cent of their coming.
Isaac Lockwood was brought before the Court Charged with a Crime for attempting to Join the Enemy. Pleads Not Guilty.
The Prisoner being Examined says that he (the Prisoner ) was persuaded by Silas Gardiner to go to New York.
Silas Gardiner charged with Levying War against the United States of America for holding Correspondence and aiding and Assisting the Enemies of the said States Pleads not Guilty. *
Many cases were tried by this court martial. Gen- eral Clinton on the 30th day of April, 1777, issued an order convening the court. On the same day in the morning the court met and the proceedings of the court say :
The Court having Sat till 3 o'clock in the afternoon, and the Guard house crowded with Prisoners and the court resolved that an immediate Example was necessary and requisite to deter intestine Enemys from continuing Treasonable Practices against the State, and it being also probable that this Post would soon be beseiged by the enemy. The court adjourned until 5 o'clock in the afternoon. It then resumed and continued until a long time in the night. The court was continued the next day, and. in these two days, fourteen men were adjudged to suffer the " Pains and Penalties of Death by being hanged by the neck until they are dead."
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HISTORY OF MARLBOROUGH.
Others were sentenced to different terms of im- prisonment, some discharged. "Isaac Lockwood was sentenced to be Confined in a Common Goal During the Present War with the King of Great Britten or Until he shall be Released by proper Authority." This was a most remarkable court martial. It sur- passes in the amount of work done, large number of people tried and the number of men sentenced to death, any court martial during the Revolution. In fact its equal cannot be found at any time in the annals of this country. Such summary trial and pro- ceedings have never been heard even in Russia.
DuBois must have been a man of much decision of character and firmness, and not to be turned from his duty by any sentiments of sympathy and mercy. The facts and evidence were very strong against these men. Some of them had been captured with arms in their hands and they had made armed resistance. They were marching through the country armed and equipped with the intention of joining the English troops at New York city. Men from all over the State had already joined the enemy, and it had become necessary in order to deter enlistments in the British army, that summary and stern measures should be made to prevent such enlistments. It was demoraliz- ing patriots in the field, and it was discouraging to the people who were trying to maintain the war against the invaders. The men who constituted this court martial were good and true men, and undoubt- edly did their duty as they understood it. Most of them afterward became prominent in the communities in which they lived, and many of them afterward held positions of honor and trust in the State. Some of the best families in this county and State are de- scended from these men.
In the courts of law of this State, and the other States it has sometimes taken weeks to convict a man
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of murder even when it was known from the begin- ning that he was guilty, but this court was not dis- posed to spend much time and sympathy upon men whom they considered and knew to be guilty from the start. This court martial must have had a very salutary effect, as very little was heard of the tories about this county after this.
No CONSIDERATION TO BE SHOWN TRAITORS.
Gen. Clinton insists that examples be made of them to deter others from following their examples.
Fort Montgomery 2d May 1:17.
Dear Sir,
Inclosed I transmit to the Honorable the Convention the Proceedings of a General Court Martial at this Post for the Trval of Jacobus Rose and sundry other Persons charged with Treason against the State. The Conduct of many of these Traitors are so daring and Insolent that a sudden and severe Example to me seems absolutely necessary to deter others from the commission of like Crimes and I am persuaded to suffer these to escape with impunity would be Cruelty in the End. There are many others yet untried for want of evidence in the Guard House here which occasion double guards and greatly adds to the Fatigue of the Soldiery already overburdened with the Works necessary for the Defence of the Post.
These reasons and the Trouble they would necessarily be to us in Case of an Attack induces me to wish a speedy . Answer from the Convention. The Inhabitants are so much iritated by the Conduct of the Prisoners in marching armed mu a Body to join the Enemy that I fear they will soon take the Law in their own hands against them
You will observe that Gardiner & some others of the Prison- ers were not of Rose's party & that Gardiner pleads in his Do- fence a Certificate of his having taken the Oath of Allegiance before the Commissioners for detecting Conspirieies since the Commissions of his Crimes which the Court however concluded was obtained artfully & through misinformation & indeed that it was out of the Line of the Commissioners' duty
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HISTORY OF MARLBOROUGH.
You observe by the Examination of Rose & his Party sundry of them left him went Home & are not yet taken who ought to be immediately apprehended.
I am with due Respect your Obed't Serv't
GEO. CLINTON.
To President of Convention.
GENERAL CLINTON ABOUT THE TORIES. Fort Montgomery 4th May 1112.
Dear Sir.
Indorsed I send you a List (List not found) of the Traitors who were going to Join our Country's Enemies in New York, under the Directions of Jacobus Rose together with a List of the Names of Persons who have knowingly assisted & abetted them. On the list I have noted such as we have taken, the others are vet missing and as I have Reason to believe that not more than five were killed the Rest must yet be hiding about the country and it is essential to the Internal Peace & Safety of the Country that this wicked Banditte should be entirely broken up. I think too much Pains can not be taken to appre- hend or destroy them. I have parties out after them Your M'st Obd't Serv't GEORGE CLINTON.
To the Hon. President of the Convention
of the State of New York.
JACOBUS ROSE.
I find that the Tories who got some of the people in these troubles were Jacobus Rose and his men. It appears that he was engaged in recruiting men in this and adjoining towns for enlistment in the British army at New York city. It appears by his confes- sion, that he had taken seventeen men to New York city at one time, and the next time he took thirty-three or thirty-four men. This was during the time that Freyer had been to warn the colonies and inhabi- tants, and Townsend had refused to turn out to assist.
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to take them. I find that he took his men to Arthur MeKinney's one night and quartered them in his barn, and made the people get victuals for them. MeKinney was arrested on account thereof and was charged with holding correspondence with and giving intelligence to the enemy and giving them aid and comfort. He was brought before the committee and sent for trial before a court martial at Fort Mont- gomery, of which Col. Lewis DuBois was president, and was convicted and imprisoned. Rose went through Lattintown with his men and got them safely to the English army; but it appears that the next time he tried it he was arrested with his men and taken before the court martial at Fort Montgomery for trial, April 30, 1777. He was charged first, with levying war against the State of New York; second, with adhering to the King of Great Britain; third, with enlisting men in the service of the King, and fourth, with being enlisted in the service himself .. He pleaded not guilty to the third charge of enlisting men. He was convicted and sentenced " to be hanged by the neck until he was dead." He made the follow- ing petition.
Petition of Jacobus Rose and Jacob Middagh, To the Hon- orable the Committee of the State of New York, The Humble Petition of two unhappy Prisoners now by order of your House under sentence to be hanged this Day Most Humbly Showeth That although their conscience doth not in the least accuse them of being guilty of any sin against God or their country by doing what they are condemned to suffer Death for, vet your Petitioners are heartily sorry for having incurred the Dis- pleasure of your House in so sensible a manner. That as sinful men, it is an awful and Dreadful thought to be so suddenly sent to Eternity without any time to repent of the Sins of our Past Lives and to make our peace with that God, who must finally judge us all for the deeds done in the flesh; that there- fore to prepare for this great and awful trial, Your Petitioners most Humbly beg that they may have a Respite of a few Days,
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HISTORY OF MARLBOROUGH.
and Your Petitioners as in Duty bound shall in the meantime earnestly pray.
JACOBUS ROSE JACOB MIDDAGH
Kingston, May 15th, 1322
The petition was rejected. I do not know as Rose was a resident of this town but he was recruiting men here and all about the surrounding country, and ap- pears to have got himself and many people in trouble. Rose and Middagh were hanged and it has been claimed that this is one of the reasons why the British burned Kingston a few months after.
Elnathan Foster gave bond as follows:
Know All Men by these presents, that we. Elnathan Foster and Humphrey Merrett * are held and jointly and severally bound unto the Treasurer of the State of New York in the sum of 100 lbs. to be paid to the said Treasurer, on or before the first day of June next, for the payment whereof we bind ourselves, heirs * Sealed with our seals, dated the 26th of May 1727. The Condition of this Obligation is such, that if the said Elnathan Foster shall and do forthwith proceed to his usual place of Abode and there continue to reside and not to depart from the Bounds of his Farm, nntil he shall receive Permission from this Committee of Safety, or further action and Order of this Stato for so doing, And also that in the meantime he shall not say or do anything inimical to the liberties of America, Then this Obligation to be void or else to remain in full force and virtue.
ELNATHAN FOSTER HUMPHREY MERRETT
January 12. 1276 .- In Committee of Safety.
Ulster County - Stephen Seymour, of full age, being sworn on the Holy Evangelists, this 4th day of Jan'y, 1276, saith, that on Monday evening. the first inst., at the house of Daniel MeGiden, he heard Samuel Devine repeatedly drink damnation to the Congress and all the Whigs: that last year was Whig year, but this would be Tory year: and likewise that all the Whigs would be hanged in the spring; and furthermore called the Whigs a pack of damned rebels - and further saith that he would not obey his officers more than he would a dog.
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MARLBOROUGH IN THE REVOLUTION.
Ulster County - Henry Lockwood, of full age, being duly sworn, saieth, that on his way home from Newburgh he met with some persons, among whom was a certain Samuel Devine, who then asked him if he did not know there was a reward for taking up a Committee man and sending him on board a man- of-war; who then threatened to take this deponent, he being one of the Committee of Marlborough Precinct, and that he would have 40 lbs. cash, or 50 acres of land, for delivering him, &c
Devine was released under this charge, but in 1777 was court martialed and sentenced to be hanged. He was afterward pardoned by Governor Clinton. De- vine and others made the following petition : Gentlemen :
Famine more formidable than the sword and pestilence united, now presents itself to us, the gaoler informs us that he has orders to decline Supplying us with provisions. Is it pos- sible that a Council of Safety for the State of New York can issue so horrid an order? Perish the ungrateful suggestion, we cannot believe it, to keep man in close confinement with all the precautions practicable by human ingenuity and at the same time deny them the necessaries of life is unprecedented among them we call savages. There are many among us desti- tute of money and of every means to preserve existance. There possibly are some who can supply themselves, but let a scrutiny be made and let not them who cannot, perish. We have not. we will not pursue any violent measures, we trust in God and the humanity of your honorable board and are Gentlemen, Your Distressed humble Servants.
Robert Niekolesson Harrow Wilkinson his Jacob x Scoulenar mark Silas Gardiner
Samuel Devine
James Beggs Thos. Wilkinson
Win. Orr his
Alex. x Campell mark 5
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HISTORY OF MARLBOROUGH.
. Isaac Lockwood Henry Plank Caruth Brisben his Robert x Briget Nigor mark
To the Honorable the Council of Safety for the State of New York
Kingston gaol, August 23, 1777.
PETITION OF SILAS GARDINER.
To the Honorable the Representatives of the State of New York in Convention Assembled. The Petition of Silas Gardiner Humbly Showeth that your petitioner is one of the unhappy persons who are confined in the Dungeon of the Common Gaol of Kingston and sentanced to Die by Court Martial. That as this Honorable Convention hath the Confirming of the sentance yr petitioner is therefore led to offer by his petition, That as this Honorable House hath Been ever ready to hear the peti- tions of the Distressed and always followed the unerring & Divine precept ( which says mercy Rejoiseth Against Judgment) and Especially as he humbly conceives he is wrongfully con- demned by false accusations. That yr petitioner some time last January went to New York & Returned and was abont Return- ing again in company with one Isaac Lockwood But was taken & sent to Fishkill, Try'd by the Commissions & Discharged from the said offence. That yr petitioner was Returned to his family and had been but about twelve hours home before he was apprehended by some of his neighbors, and taken Down to the Forts & Confined & Sentenced to Die. That vr peti- tioner knows of nothing that can be laid to his charge since his Discharge from the said Commissions. But is Informed that the said Isaac Lockwood has sworn that yr petitioner enticed him the said Lockwood to go off the Time when they were both apprehended. That yr petitioner can sufficiently prove by several witnesses if required that the accusation of the said Isaac Lockwood is false as the said witnesses is Ready to testify that the said Isaac Lockwood was Ready and about going off to New York Before yr petitioner Returned therefrom. That yr petitioner is in a truly Deplora-
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ble and pitable situation Being Condemned for a Crime for which he hath Been Legally Discharged, and is conscious to himself of not having Committed any thing since his Discharge worthy of punishment yr Petitioner therefore Humbly prays and implores that this Honorable House will be favorably pleased & mercifully Disposed to take this Deplorable Case under their most serious consideration so as that vr petitioner may be Relieved from the said sentence of Death by pardoning vr petitioner and Discharging him from his confinement or such other Relief as to this Honorable House shall seem meet. And yr petitioner shall ever pray.
SILAS GARDINER.
Kingston Gaol May 9, 1322.
PETITION OF ARTHUR MCKINNEY.
To the Honorable the Representatives of the State of New York in Convention assembled.
The Petition of Arthur Mckinney Humbly showeth That your petitioner is at present a Prisoner Confined in the Dun- .geon of the Common Gaol of Kingston and under sentence of Death for an offence Against the Law of this State Confirmed by a Resolve of this Honorable Convention passed the 14th day of April last.
That the said Resolve was unknown to your Petitioner
That yr petitioner is Innocently brought into this Dismal Snare by some ill Disposed person who must have directed them to his Barn in the Dead of the night unknown to your petitioner & without his knowledge, and as he looks upon himself as a Dying man it is his Indispensible Duty, as he regards the good of his soul in the next life to say or Declare nothing but truth vr Petitioner therefore is Ready & willing to lay his hand on the sacred word of God. and Solemnly Declare that he neither Knew of their coming or of their being there until the next morning when he went to feed his Cattle as usual, and then he found the men in the Barn, and they would not let him go out until he made his Negro wench bring victuals to them
That yr petitioner is in a truly deplorable condition, Being bound with Iron Bands in a Dark and Dismal Dungeon. * *
ARTHUR MCKINNEY.
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HISTORY OF MARLBOROUGH.
To the Hond. Council of Safety for the State of New York.
The Humble petition of divers of the Inhabitants of New Borough and New Marlborough, Precinct of . Ulster County, Most humbly Showeth, That we the Neighbors and acquaint- ances of Samuel Devine, now in confinement at Kingston, and seeing the distress to his wife and young family are reduced by reason of his absence, and also to what they will be reduced to if they can get no assistance from him in Provisions and Provender for the approaching season. We hereby humbly pray that he may be relieved from his confinement and sent to his family under such restraint as you in your wisdom shall think proper, and we with truth assure you, that as friends to our Country's cause we would not be thought to ask Liberty for an Enemy, and have not the least cause of Suspecting that he will do anything for the prejudice of the United States of America, what he formerly has done, we rather believe has been from passion more than from principle, all of which we submit to your wise and gracious judgment.
Petitioners shall forever pray.
Jon Scot Joseph Ransom Jonathan Lane
Edward turner
John gee Nehemiah horton
Hazel Smith
Henry Cronk Andrew gee
Dene Relyea William gerow
William gee. Senyr
Benjamin Relyea John gerow
Cornelius Pohlames
Peter terpenny William Relvea
James Devine
Frederick Cronk Joseph Devino
Newborough above named was Newburgh. It was often called in ancient papers New Borough.
PETITION OF LEVI QUIMBY.
To the Honorable Council of Safety for the State of New York. The Humble Petition of Levi Quimby whose name is herwith subscribed. Humbly Sheweth,
That whereas your Petitioner on the first of March last past met with three men whose names entirely slipt my memory, being by them persuaded to leave my habitation, wife and chil- dren and went down to New York. While there on York Island being informed by a man from New Jersey that the Honorable Convention of the State of New York had passed an act of grace, offering free pardon to subjects that had committed
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MARLBOROUGH IN THE REVOLUTION.
treasonable acts against this State and that would return again to their allegiance. In consequence of said information your humble petitioner left New York Island the 14th of this Instant to take the Benefit of the act of grace pursuant to the declara- tion or ordinance of the Convention of the State of New York passed the 10th of this Instant offering free pardon to such of the Subjects of the said State as having committed treasonable acts against the same, should return to their allegiance.
Your petitioner appeared before Major Lewis DuBois, one of the Field officers of Coll. Jonathan Hasbrouck's Regiment of Militia, on the 19th of this Instant and took the oath prescribed in said Declaration or ordinance above recited and herewith produce the Certificate of Major Lewis DuBois and pray the Honorable Conneil of Safety to pardon all and every treason- able acts and deeds by me committed heretofore against this State, and your petitioner begs to be restored to a participation of all the rights, liberties and privileges appertaining to the good people thereof. And your petitioner will ever pray.
LEVI QUIMBY.
New Marlborough. May ye 19th, 1777.
I do hereby certify that the bearer hereof of Levi Quimby has this Day appeared before me and took the oath of allegiance to the State of New York aggreeable to a resolve of the Honor- able Convention of the State of New York passed the 10th Day of this Instant as witness my hand Day and Date above.
LEWIS DUBOIS Major
PETITION OF LEVI AND NATHANIEL QUIMBY.
Respected Sir :
I am a Prisoner confined in this jail Transmitted from New Windsor here. I came from New York on a Proclamation Is- sued by Major Gen'l Putman and when we Arrived at whome we Immediately went to the committee of New Marlborough and they regularly Examined us Both and told us to go to our whomes and there Quietly and peaceably remain but malicious people tuk us up, notwithstanding the Committee Cleared us. and sent us here. As you are a gentleman of Probity we humbly pray of you to order us to be brought before you in order that
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HISTORY OF MARLBOROUGH.
we may know what we may depend on. Sir your complyance will ever be acknowledged.
LEVI QUIMBY NATHANIEL QUIMBY
To the Hon'ble Jno Scott. Esq.
The John Scott above spoken of was a Brigadier General, and it appears that people suspected of being tories or unfriendly to the cause of liberty could take the oath of loyalty before an officer of the army or could petition such officer for redress and protection. The officer could issue to them certificates that would insure imunity from arrest or prosecution.
RECOGNIZANCE OF LEVI QUIMBY.
Be it remembered that on the seventh day of January 1:1%. Personally appeared before me Robert Benson one of the Secre- taries of the Convention of the State of New York Levi Quimby of New Marlboro' Precinct in the County of Ulster and Isaac Wilsey of Carlotte Precinct in the County of Dutchess yeoman. who acknowledged themselves to be jointly & Severally in- debted to the People of the State of New York in the Sum of two hundred Pounds money of the said State to be levied on their Goods & Chattles Lands & Tenements if Default be made in the Condition following The Condition of this Recognizance in such that if the above bounden Levi Quimby shall well & truly appear at the next Court of Over & Terminer and general Goal Delivery which shall be held in & for the County of Ulster to answer such matters as shall be Charged then and there Against him & not depart without Leave; then the above Recog- nizance to be Void & of none Effect otherwise to be and remain in full force & Effect
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