USA > New York > The documentary history of the state of New York, Vol. III pt 2 > Part 10
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That by indenture bearing date the 29 day of September 1710 made between Robert Livingston of the manor of Livingston & Alida his wife of the one part & Robert Hunter Esqr Late Governour of this province of the other part the said Robert Livingston & Alida his wife for the Consideration yrin mentioned did give grant & Enfeoff & Release unto the said Robert Hunter his heirs & assigns All that the said fraet of Land within the bonnds following to witt all that Certain tract of Land Sitnate Lying & being in the mannour or Reputed mannour of Livingston in Dutchess County in the said Colony of New York on the South Side of the river called Roeloff' Jansons kill and on the East Side of Hudsons river Beginning at a Landing place called Point Robert which is about two English miles to the Southward of the said Robert Livingstons mannour house and Runs South Sixty Seven Degrees thirty minutes East one hundred and fifty two chains till it come to a piece of Land Called the pott and from thence South Eleven degrees Westerly one hundred fourty & five chains & Six tenths of a chain to the fatt Land from thence
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MANOR OF LIVINGSTON. 721
North fourty five Degrees Westerly twenty five chains & Six tenths of a Chain Thence South Eleven Degrees Westerly one hundred and four chains & Seven tenths of a Chain from thence South fourty five Degrees Easterly fifty one chains & two tenths of a Chain from thence South Eleven Degrees Westerly one hundred & one chains from thence due Northwest Three hundred & twenty chains to Hudsons river and from thence along the river to the place of the first Station called point Robert which Said tract contains Six thousand acres be the Same more or Less To have & to hold the Said tract to the Said Robert Hunter his heirs & assigns to the Sole & and only proper use of her Late Majesty Queen Ann her heirs Successors & Assigns As by the same Indenture. Containing therein Diverse other grants & priviledges within the mannor of Livingston & Diverse Covenants more fully may appear
May it please Your Excellency to grant to your Petitioners & their heirs his Majesty's Letters patent for the said tract of Land under Such Quitrents conditions and Restrictions as are usual & agreeable to your Excellencys instructions from his Majesty & your petitioners shall Ever pray
Jacob S Sharp Christophel Hagadorn.
June ye 13th 1724 Read and referred to the Gent. of the Council or any five of them
REPORT ON THE PRECEDING PETITION.
At a Committee of the Council held at the Council Chamber in New York June ye 13th 172.1.
Present
Capt Walter
Mr Van Danı
Doctor Colden
Mr Barberie Mr Alexander
Mr Harison Mr Wm Provoost
MAY IT PLEASE YOUR EXCELLENCY
In obedience to your Excellency's order in Council of this dav VOL. III. 16
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referring to us the Petition of Jacob Sharp Christopher Hagatorn and Jacob Shoemaker in behalf of themselves and others Pala- tines inhabitants of that part of the Mannor of Livingston formerly granted by Robert Livingston to Brigadr Hunter to the use of her late Majesty her heirs and successors We humbly Report that We have Considered of the same and are of opinion that the Surveyor General or his Deputy be ordered to Inquire of the number of Familys and Persons that are settled upon the said Land and that are willing to take his Majestys grant and what quantity may be proper to grant to each of them, which is humbly submitted to Your Excellency by
Your Excelleneys most obedient humble . Servants- By ordr of the Committee CADWALLADER COLDEN
ORDER OF COUNCIL THEREUPON.
At a Conneil held at Fort George in New York June the 13th 1721.
Present His Excellency WM BURNET Esqr
Capt Walter
Mr Van Dam
Doctor Colden
M' Barberie Mr Alexander
Mr Harrison
Mr Wm Provoost
The Report of the Gentlemen of the Committee to whom was referred the Petition of Jacob Sharp, Christopher Hagatorn and Jacob Shoemaker in behalf of [ themselves and | others Palatines inhabitants of that part of the Mannor of Livingston formerly granted by Robert Livingston to Brigade Hunter to the use of her late Majesty her hiers and successors Was Read and approved of by this Board.
Ordered that the Surveyor General or his Deputy do jnquire
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MANOR OF LIVINGSTON. 723
of the Number of Familys and Persons that are settled upon the said Land, and that are willing to take his Majesty's Grant, and what quantity may be proper to grant to each of them .- By order of his Excellency In Council
Is. BOBIN D. CI. Coun.
THE SURVEYOR GENERAL TO GOV. BURNETT
MAY IT PLEASE YOUR EXCELLENCY
1
Mr Kennedy when he went up last to Mr Livingston's carried a Copy of the order of Council relateing to the Land to be granted to the Palatines liveing near Mr Livingston's & left it there Jacob Sharp has pursuant to that order brought me a list of all the heads of Families that are willing to continue upon that land being 63 in number but he says they have not all a like quantity in possession some haveing been more diligent then others in emproveing & some of them but lately set up for themselves being young men He thinks likewise that they cannot be at the charge of haveing every ones share ascertain'd by a Survey but are desirous to have the whole surveyed in order to have the bounds of the whole Tract well ascertained & to be assured that they have their full quantity convey'd by Mr Livingston I am therefore of Opinion that it will be best to grant the 6000 acres to Jacob Scherb Johannes Heiner Johannes Kolman & Christoffel Hagendern in trust for themselves & the other Palatine Families inhabiting the said 6000 Acres each of them to hold so innch of the said land as they now have in their Possession & what is not in the actual possession of any person to be in common equall among the said Families who are inhab- iting there. I have not time to make a return in form to the order of the Council & I am not sufficiently inform'd to do it, but as I think it a hardship to make the people travil so far without doing any thing I choose to write my opinion to your Excelleney in this manner If your Excellency shall like this method of Granting the Grant may be made in Council as soor
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as your Excellency pleases & I shall dispatch the Survey as soon as your Excellency shall please to order a Warrant for that purpose I am Your Excellency's Dutifull & obedient Servant
New York Aug. 26th 1721.
CADWALLADER COLDEN
The following are the names of those willing.
Jacob Seherb
Herman Belzer
Johanes Leuck
Christoffel hagendorn
Hanna Man Sallbach
Bastian Lesche
Jacob Shumacker
Peter Lamp Man
Henrig Winder
Christian Haver
Jacob Berjer
Johannes dat
Pfilbs Bernert
Peter Hagendorn
Samel Kun
Peter Stobelbein
Christ dietrig
Henrig Stals Wittib
Johanes Bias
Pfilibs finikel
Jones Schenckels
Peter Pfilibs
Nicklas Ies
Johanes Henrig Conrad
Necklas Laux
Johannes hoe mier
Jocry Muhler
Johannes Kollman
Christian Muhlers Wittib Adam Hoff
Johannes Shuck
Pfilibs Scheffer
Davit Schantzen Wittib
Peter Ham
Andres domes
Joreg Muchler
William Hagendorn
Christian Dethrig Olrig Jacobi
Joery Sehoertz
Johan Peter Lauer
Samuel Muekler
Johannes Echoffer
Davit Kissler
Henrig Bardel
Olrig Bernat
Paulus Dirk
Henrig Haeudorn
Andries Bartel
Bernent Zieberls Johanes Klein
Bernhart Schmied Killan Minekler Ilenry Hoffman
friedrig Rug
Ilans peter Philip
Willm Hanbuch
Johannes heener
These are not willing to continue.
Adolff Dirk
Jacob Zerbin Nicklass Schmidt
Conrad Wist
hans Wernershoffer
Henrig Schneider
Michel Brack
Nicklass Minsel Peter heusser
Johannes Schneiders Wittib
Anna Cathri ockelbe
Olrig Winiger
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MANOR OF LIVINGSTON.
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REPORT IN FAVOR OF ISSUING LETTERS PATENT TO THE PALATINES OF GERMANTOWN.
At a Committee of the Council held at ffort George in New York the twenty Seventh day of August 1724.
Present
Robert Walter John Barberie
Rip Van Dam James Alexander
Abraham Vanhorn Esqrs
MAY IT PLEASE YOUR EXCELLENCY
We the Committee to which was referred the petition of Jacob Sharp Christophel Hagatorn & Jacob Shumacker in behalf of themselves & others palatines inhabitants of that part of the mannor of Livingston formerly granted by Robert Livingston* to
' BIOGRAPHICAL SKETCH OF ROBERT LIVINGSTON.
ROBERT LIVINGSTON was born at Ancram in Scotland on the 13th Deer 1654 .. Ilis father the Rev. Dr. L. dying in 1672, Robert immigrated to America in 1674, and settled in Albany where we find him acting as Town Clerk and Secre- tary for Indian affairs in 1675. It was whilst holding this important office, the duties of which he performed for nearly fifty years, that he acquired the large tracts of land now known as the Manor of Livingston. He married in 1683 Alida Schuyler, widow of the Rev. Nicholaus van Rensselaer; and on the breaking out of the Revolution of 1688, was so prominent and so strong a Jaco- bite, that he was forced to withdraw from the Province, having become inost obnoxious to the Leisler party. On the downfall of Leisler he came again into favor and was restored to all his appointments which now embraced that of Secretary of Indian affairs, Collector of the Excise and Quit Rents, Town Clerk, Clerk of the Peace, and Clerk of the Court of Common Pleas at Albany. Hav- ing occasion to go to England in 1695, to obtain payment of certain claims against the Crown he, in company with the famous Capt. Kidd, preferred divers charges against Gov. Fletcher who in revenge suspended him, the following year, from all his offices, except that of Town Clerk. Fortunately for Living- ston, he got introduced whilst in England, to the Earl of Bellomont, and having obtained the King's Commission (20 Jany 1695-6) reinstating him in all his places, his Lordship on becoming governor, took him into especial favour, called him to the Council on the 28th Sept. 1698, and used all his influence to
' Holgate's Amer: Genealogy. lu Lond. Doc. X. 173, it is alleged that he was " born of Scotch parents in Rotterdam; "> hut he says himself (Ibid. 301) that he was " of Scotland by birth, but boru after King James I came to the crown of England "
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Brigadeer Hunter to the use of her Late Majesty her heirs & successors and to which was also referred the report of the Surveyor General pursuant to a Reference to him from the Councill Have Considered of the Same and are of opinion that your Excellency may Grant to Jacob Sharpe Johannes Heiner Johannes Kolman & Christophel Hagendorn their heirs & assigns six thousand acres butted & bounded as in the petition fourty acres of land for a Glebe for the use of a palatine minister for the time being who is likewise to teach school which is by the trustees aforsaid to be Laid out of the unim- proved Lands and the remainder in trust for themselves & the other palatine heads of family's inhabiting the said Six thousand acres To hold to Each of the said Inhabitants his & her heirs & assigns so much of the Said Land as is improved & in Every of their actuall possessions And to hold all the Lands unim- proved within the bounds aforesaid in Common to them yr heirs & assigns to be divided amongst Every of the said inhabitants Share & Share alike and that with the usual Quitrents Clauses conditions and reservations which is nevertheless humbly Sub- mitted by
Your Excellencys Most obedient & most humble seryts By order of the Committee JA: ALEXANDER Chairman.
induce the Assembly to pay certain debts which Mr. L. claimed to have against the public. It was previous to this, however, that Livingston introduced his Lordship to that " most abandoned Villain" Capt. Kidd, between whom Ez Mr. Livingston on the one part and Bellomont on the other, an agreement had been entered into to equip a privateer on shares for their mutual advantage.t Kidd shortly after deceived his associates and brought down trouble on all those who had been unfortunately, though innocently, connected with him. On the death of Lord Bellomont in 1701, the Leisler party, which was strong in power and had long been desirous to wreak vengeance on those who had brought their principal leaders to the gallows, called on Livingston to account for a large sum of money which had passed through his hands. Having failed to comply with this invitation, the Assembly demanded that he be deprived of ail his offices, and passed an act sequestrating his estales until he should account. It became now incumbent on him to return once more to Europe. Previous to his depar- ture, he had the tact to obtain from the Indians authority to act as their agent
1 See Lond. Doc. zili. 456 et seq. for the agreement between Bellomont, Livingston & Kald. &. Lavingston's bond to Bollomon: as security for Capt. Kidd.
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MANOR OF LIVINGSTON.
PETITION OF R. LIVINGSTON, JUNR.
To the Honourable GEORGE CLINTON Captain General and Governour in chief over the Province of New York and Territories thereon depending in America Vico Admiral of the same and Admiral of the White Squadron of His Majesty's Fleet in Council.
The Petition of Robert Livingston Junior of the Manor of Livingston in the County of Albany.
HUMBLY SHEWETH
That his late Majesty King James the Second by his Letters Patent under the Great Seal of this Province of New York, bearing date the twentieth day of July in the year of our Lord One thousand six hundred and eighty six, did grant and con- firm unto Robert Livingston your Petitioners Grand Father deceased, All that Tract of Land called by the name of the manor of Livingston, lying in the County of Albany in the province aforesaid, about which he was at great charge Trouble and expence in purchasing the same from the Native Indians before he could obtain the said Grant, and particularly that part thereof which is contiguous and adjoining to the colony of the Massachusetts Bay called and known by the name of Tackanack.
That the said Robert Livingston by virtue of the said Letters Patent was during his life time and at the time of his death
and representative in England, "contrary (as the Assembly declared) to the duty and allegiance he owes to his Majesty and to the peace of this government."" Hle was suspended from the Council on the 20th of April of the following year. Misfortune was not yet tired of him. The vessel in which he was a passenger was captured off Bristol by a French Privateer, and Mr. L. was put ashore, after having been " used very barbarously." After considerable delay he obtained (in 1705) the Queen's warrant restoring him to all his offices, but not- withstanding this authority, the Council not only refused to vote him any salary, but declared his Indian office useless and demanded that it be abolished. Mr. L. however, very prudently continued to perform its duties and on the arrival of Lord Lovelace, remonstrated against the Council's proceedings. The act of 1701, still remaining on the Statute book, he now turned his attention to secure ita repeal. He succeeded in getting himself elected representative for Albany, and took his seat for the first time in the Assembly, in 1709. In November of that year, the taw was repealed. He continued to represent that city until Sept. 1711. Having now amassed considerable wealth through his various contracts with the gov - ernment and his connection with the Palatines, he set about securing for bis
' Assemb Jonen. i. 197
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seized of the said Tract of Land without any disturbance or molestation under pretence of Title of or by any person or persons whatsoever, and that on his decease the same descended (except some part thereof otherwise conveyed or devised) to his Son Philip Livingston your Petitioners late Father as his eldest Son and heir at Law.
That the said Philip Livingston so thereof being seized, did also die in the peaceable possession of the premises, upon whose decease the same descended to your Petitioner as his eldest Son and heir at Law.
That the said Tract of Land was always held and esteemed to lye within this Province, and that accordingly your Petitioners, and his said Ancestors, have constantly paid the Quit rent for the same unto his Majesty's Receivers General of this Province, and also have been at great charge and expence to encourage the settlement and improvement of the said Manor, the Tenants whereof as well as your petitioner and his said Ancestors have always readily paid their proportionable part of the Taxes and other rates for supporting the Government, as they deemed and esteemed themselves to be within the same, and under the protection thereof. And that your Petitioner so
own Manor the privilege of being specially represented in the Assembly. This being accomplished, he took his seat as its representative in 1716. He was chosen Speaker of the Assembly in 1718, and resigned all the offices he held in Albany in favor of his eldest son Philip, in 1721. He served as Speaker until 1725, but continued member of the Assembly until 1726, when he finally retired from public life. During his service in the legislature his knowledge of Indian affairs must have been of incalculable benefit to Gov. Burnet who was then exerting his every energy to secure the Fur Trade for New York. Mr. L. died about the year 1728, having been, with but a few intermissions, the recipient of public favor and patronage from his first arrival in America until the close of his career. He was a man of unquestionable shrewdness, perseverance, and of large acquisitiveness. His main efforts whether in or out of the legislature, seem to have been directed principally to securing for himself office, wealth and special privileges, and every opportunity was seized by him to get the government and the legislature to recognize his Manor of Livingston. By his will he left the lower section of this, or Clermont, to his son Robert, devising all the residuc of the Manor to his eldest son Phillp. Robt. Junr. succeeded his father Philip; and in 1792 the land east of the post road was partitioned between Walter, Rob- ert C., John and Henry L. the devisees of R. Livingston Junr. according to the provisions of his will ..
· Sutherland's Deduction of the Title to the Manor of Livingrten. Huden 1950, p G
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MANOR OF LIVINGSTON.
being seized of the same as aforesaid, did peaceably possess the same, until some time in December last, since which he hath met with frequent Disturbances by people of the Massachusets Colony surveying part of the said Tract of Land under pretence of its lying within the said Colony, and stirring up several of your Petitioners Tenants, disuading them from holding the same under him, and promising them Grants and Patents under the said Colony of the Massachusets-Bay for farms held by demise from your Petitioner.
That accordingly your Petitioner hath been informed and doth verily believe, that sundry of his said Tenants together with some persons of the County of Dutches, have petitioned the General Court at Boston for Grants and Patents for the same.
That your Petitioner hath been obliged in order to quiet the disturbances occasioned by the said pretence of Title, and to assert his right to the same lands to commence one action of Trespass, and another action of Ejectment, in both of which the Defendants have compromised the matter by taking new Leases from your Petitioner, and giving security for the payment of the Costs, but that his having recourse to the usual process at law, is so far from being likely to put a stop to the said Disturbances, that he did lately receive a Letter signed O]r Partridge in the words following to Witt " March 24th 1752 Sir, in consequence of an order of a Committee of the Genera! Court of the Province of Massachusets-Bay, to lay out Equivalents in the Province land, I have begun on the East side of Tackinick Barrick, and laid out a large Farm which encompasses the dwellings of Michael Halenbeeck and Josiah Loomis, and you may depend on it the Province will assert their rights to said lands. I have heard you have sued the one, and threatned the other, which possibly may not turn out to your advantage. I should have gladly seen you and talk'd of the affair with Calm- ness and in a friendly manner, which I hope to have an opportunity to do, in the mean time I am Sir your very humble servant Ol' Partridge" as by the said Letter superscribed and directed to your Petitioner may appear.
And your Petitioner doth further shew unto your Excellency, that the said land said to be laid out by the said Partridge, in the
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above recited letter, is part of the said Tract of land by the said recited Letters Patent granted, and the said Michael Halenbeeck and Josiah Loomis are Tenants of your Petitioners.
And your Petitioner doth further shew that as it appears by the said Letter that the said Survey and Location were done by an order of the Committee of the General Court of the Province of the Massachusets-Bay, he humbly conceives it will be impossible for him, at his own private expence, to contend with the said Colony, and must be Remediless in the premises, without the assistance and Interposition ot this Province.
Your Petitioner therefore humbly prays your Excellency in tender consideration of the premises to cause application to be made to the said General Court, that they may not agree to the Transactions of the said Committee, and that all further proceedings be stayed in the premises, until the true division line be settled between the two Colonies, and to issue your Orders to the Justices of the peace in and near the said Manor, to cause such person or persons as shall (till such settlement) under the pretence aforesaid disturb your Petitioner in his said Possession to be apprehended and Committed and further to give to your Petitioner such other Relief in the premises as to your Wisdom shall seem meet.
And your Petitioner shall ever pray &e Ron' LIVINGSTON JunT. New York April: 16: 1952.
Read in Council 44th May 1752 and the Atty & Surveyor Genl to be served wth Copies thereof & seperately report what they think expedient to be done therein
GW BANYAR D. Clk Coun.
REPORT OF THE ATTORNEY GENERAL ON THE FOREGOING.
MAY IT' PLEASE YOUR EXCELLENCY
In obedience to your Excellency's order in Council of the fourth Instant, I have considered the Petition of Robert Living- ston Jun' Esor and am humbly of Opinion, That if His Majesty's
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MANOR OF LIVINGSTON.
Surveyor General for this Province shall Report to your Escel- lency that the Lands mentioned in the said Petition in which the Disturbance complained of has been Committed are Lands claimed as part of this Province of New York, and that as such They were Granted by Letters Patent under the Seal of this Province to the said Petitioners Grandfather in the Year one Thousand Six hundred and Eighty six, and that those Lands have been from that time till December last peaceably held by the Petitioner and his Ancestors under Obedience to this Government, I think the matter of the said Petition well worthy of your Excellency's notice, and that in Regard to the Just Rights of this Province, and the public peace, I think it Expedient that Your Excellency do Interpose by a proper Repre- sentation of the Grievance complained of, to the Government of his Majesty's Province of the Massachusetts Bay, That if possible that Government may be prevailed on to Countenance and revoke the Order of the Committee of their General Court, and the Acts consequent thereupon, so far as they concern this Province, and have been the Occasion of the Petitioner's Com- plaint, and That that Government may Issue Orders, that for the future, all such like proceedings may be stayed, until the true Division Line shall be settled between the Two Provinces, and that Your Excellency do give that Government, all the assurances that are consistant with Your Excellency's Station and present Circumstances, that Every Thing on the Part of this Govern- ment will be done, that shall be judged necessary and requisite for the most speedy Effecting the same.
While this affair shall be depending between Your Excellency and that Government upon such Representation as aforesaid, I can by no means think it Expedient that "Your Excellency Issue Your " Order to the Justices of the peace Living in and near the mannor of " Livingston, to Cause such Person or persons as shall till such " settlement under the Pretence of Right in the Province of the " Massachusetts Bay, Disturb the Petitioner in his said Possession, " to be apprehended and committed " as the Petitioner has prayed, Because I Conceive. that Your Excellency's Interposition in that form, would rather tend to Obstruct than promote an amicable settlement of the said Division Line, neither could I at any timo
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advise Your Excellency, to Issue your Order in such General and unlimited Terms, because I think such order would be against Law, and Liable to great abuse.
Nevertheless, if such Disturbances should be frequently Committed, so as to become a public Grievance, and the Govern- ment of the Massachusetts Bay will not Hearken to Your Excellency's Representation on the part of this Government, but will countenance and abett such Proceedings, I conceive, that in such Case it will be the Right of this Government, to Defend itself against such Encroachments, and that the Tenants of Lands who pay Quit Rents and Taxes and perform public Duties within this Province, may justly Claim to be protected by this Government in the Enjoyment of their Possessions, and that it may be very proper that your Excellency, in that Case, do order public prosecutions against Persons Trespassing upon the Rights of this Province, which Prosecutions may be conducted according to the ordinary Course of the Connnon Law, in a way by no means Liable to any objection. But as to private Injuries by Entries into the Petitioner's Lands, and Disturbing his Posses- sion, I conceive, that it is most Expedient, that Your Excellency do not Interpose at present by any Extraordinary Act or Order, but Leave the Petitioner to his Ordinary Remedy at Law, and if any of his Possessions are forcibly taken or forcibly held from him, the Statutes of England, being duly put in Execution. will sufficiently punish the offenders, and afford a speedy Relief to the Petitioner and give him an adequate Remedy, in a way strictly conformable to Law
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