USA > New York > The documentary history of the state of New York, Vol. III pt 2 > Part 12
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And your Memorialist humbly conceives that the Reasons offered by the said Committee, in Favour of their abovementioned procedure were entirely frivolous, For that as a Settlement was in Agitation between the two provinces, and the General Court of the Massachuset's Bay had, since the Appointment of the said Committee proposed the Appointment of Commissioners aforcsaid, the proceedings of the committee were contrary 10 public Faith, and injurious to this province, And that the Massachusets bay Government is properly chargeable therewith, the said Committee being appointed by them. Which matters, however, as they are of a public Nature, Your Memorialist would not presume to observe to your Excellency but that your
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Memorialist by the Execution (as he believes and is informed) of the Authority of the said Committee, is daily aggrieved and injured in the Estate which your Memorialist holds under the protection of this Government.
And your Memorialist further shews unto your Excellency, that he offered the said Committee to Conduct them to his Mannor House, and give them information of the Boundaries of this province as the same was formerly possessed by the Dutch. For which purpose they at first consented to go with your Memorialist but afterwards refused. That the next morning your Memorialist waited on the said Committee and requested of them a Copy of the petition of the said William Bull and others, and of the Order appointing the said Committee, which after some Hesitation of the Chairman, they allowed your Memorialist to take by his Clerk, which Copys tho' the said Chairman refused to sign it, were examined by the said Capt Livermore, in Presence of the other Members of the Committee. & which your Memorialist has ready to produce to your Excel- leney. That thereupon your Memorialist read the Copy of the said petition in the hearing of several persons, some of whom were his Tenants, & most obstinately opposed to your Memo- rialist's Interest. That after your Memorialist had read the said petitition he asked his sd Tenants, what induced them to sign the sante, who answered that they had not signed it. Whereupon your Memorialist asked them the Reason of their Names being subscribed to it, To which they replied, they could not tell. For that they had never petitioned for any of your Memorialist's Land but for Lands lying to the Fastward of his East Bounds Whence your Memorialist conceives that his said Tenants knew nothing of the said Petition, whereof he had obtained a Copy as abovesaid, but that it was a Contrivance of some unjust persons belonging to the said Massachusets Bay Colony to distress your Memorialist, by making use of his said Tenants names in order the more effectually to obtain their End with the Government of the Massachusets Bay Colony.
That after this your Memorialist informed the said Committee, that his patent extended nineteen miles and thirty Rods from Hudson's River into the Woods, (Which line of its distance run
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from Hudsons River terminated in the Great Taquanack Moun tain) And pointing from the place where he then stood with the said Committee to the place where the said Line terminated, and running from thence with a course near South to Connecticut, which took in two thirds if not all the Lands contained in the petition of the said William Bull and others, and also told them that your Memorialists Ancestors had setled the same near seventy years ago And your Memorialist farther told the said Committee, that if they would accompany him Home he would shew them his deeds, in order to convince them, if possible, of his Right, and afterwards desired the said Committee to inform the General Court of Massachusets Bay, of his Title to the Lands, and that he hoped they would think it unreasonable to give your Memorialist any future disturbance.
That tho' your Memorialist conceived, that upon the Resolu- tion of the said General Court of the Massachusetts Bay, and their Application to your Excellency to appoint Commissioners for the purpose aforesaid, the power of the said Committee was wholly determined, Yet as your Memorialist thought the said Committee was fully bent upon the Execution of that power, he endeavoured to dissuade them from it by the above mentioned Reasons, clearly sensible that that power would not be less prejudicial to your Memorialist for not being unduly exercised.
And your Memorialist begs leave further to suggest to your Excellency that your Memorialist also acquainted the said Com- mittee of the Conduct of one David Ingersoll, an Inhabitant of the said Town of Sheffield, who had been very industrious in seducing your Memorialists Tenants, and dissuading them from the payment of their Rents, and that for such his Conduct he declared he had an Authority from the Government of the Massachusets Bay, to whom he told the s' Tenants your Memorialist's Land belonged, and that he had also frequent meetings with the said Tenants, which generally ended in a Huzza for Boston Government, and a promise to obtain the Lands for them of the said Government, and also that the said David Ingersoll, under pretence of the same Authority, had issued Warrants against your Memorialists Clerk and Overseer, and attended in person on the Bailif of Springfield and six other
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persons to see the same executed in the Night of the tenth of January last, which however was prevented by the Vigilance of your Memorialists Servants, who were obliged to Arm them- selves in their defence- A Conduct in your Memorialist's humble Opinion, not only vastly injurious to the Honour of His Majesty's Government in this province but also tending to promote in the said Tenants a Neglect of and disobedience to the same, and found by sad Experience, almost fatal to your Memorialists Interest in the Lands aforesaid. In so much that some of your Memorialist's Tenants, dwelling on the said Lands have kept the Servants of your Memorialist by force of Arms from approaching their pos- sessions, and for the proof of those Matters your Memorialist offered the said Committee to produce the most incontestible Evidence on Oath, which however was not necessary, as the said David Ingersoll was present, and did not deny the least article of the above Relation.
That after this your Memorialist had free Conversation with the sd Committee, and insisted, that from the papers he had shewn them, Connecticut River was the East Boundary of this province, That the Lands were possessed by the Dutch as far Eastward as the said River before the Charter to the Plymouth Company, and were surrendered by them to King Charles the Second who granted them to his Brother the Duke of York. Whereupon one of the Committee answered that if we could prove so much " they would have no more to do but to withdraw and surrender." That your Memorialist offered to give the said Committee further Evidence, to this purpose, if they would go to your Memorialist's Mannor House, Which they refused, And afterwards they proceeded to Taquanuck with your Memorialist, where a great number of people being collected together, they advised them to rest quiet and satisfied till the Division Line was setled, and such of them as were your Memorialist's Tenants to pay their Rents honestly to their Landlord.
And your Memorialist begs Leave further to shew unto your Excellency, that altho' the Business of the said Committee was to enquire into the State of the said Lands, and your Memo- rialist had given them sufficient Information relating thereto, to convince them of his Right to the same, and offered them
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further Evidence to the same purpose, which they refused, yet your Memorialist believes that their advice to the people of Taquanuck, proceeded not from a desire that Justice might be done to your Memorialist, but was only designed to quiet him at that Time, and to procure an Opportunity of executing their Scheme without the presence of Interruption of your Memo- rialist For that after your Memorialist had left the said Committee and repaircd to his Mannor House they gave Orders, as your Memorialist is informed and doth believe, to survey the Lands petitioned for by William Bull and others, Which was accordingly done on the eighteenth Instant by seven New England Men & four of your Memorialists Tenants sons, who ran out a Tract of Land containing ten Miles in Length and four in Breadth or thereabouts in your Memorialists said Mannor. Since which time they have also taken possession of the said Lands by beginning to cutt a Tree-fence round it. Which Tract is some of the best Land in your Memorialists Mannor, and contains a Number of valuable Farms that have been setled between sixty and seven|ty] years, and yielded considerable Rents to your Memorialist and his ancestors.
And your Memorialist further sheweth unto your Excellency, that some Time ago, one George Robinson was imprisoned at the Suit of your Memorialist, for committing a Trespass on your Memorialist Land in the said Mannor and carrying away his Goods, under pretence of the Bight of the Massachuset's Bay, Whereupon the Government of the Massachusets bay ordered the said Joseph Dwight Esqr to defend the said George Robinson in the suit aforesaid at their Expence, Who theremon obtained a person in the City of Albany To become Bail for his appear- ance. Which Suit as it is still depending and defended by the said Government, appears to your Memorialist to be an Aiding and abetting of the said Trespass, and an Encouragement to future Trespasses of the like kind. By means of which it will be impossible for your Memorialist to carry on such Suits at his own private Expence. And he will be obliged if not assisted in them by the Government of this province, to resign those Lands to such Trespassers, notwithstanding his just and legal Title to them under this province-All which matters your
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Memorialist hopes he shall be able to prove to your Excellency's Satisfaction.
And your Memorialist humbly begs Leave to observe further unto your Excellency, that as the said Committee was appointed by the said General Court, and as your Memoralist suffers by the unseasonable Execution of their power, Your Memorialist con- ceives himself injured and oppressed by that Government against whose Strength your Memorialist can alone make no opposition. But as your Memoralist holds his Lands under the protection of this Government
Your Memorialist humbly entreats your Excellency That, as what has hitherto been favourably done by your Excellency in Consequence of his said petition has proved ineffectual, Your Excellency would be pleased to take into Consideration the Matters contained in the above Memorial, and grant to your Memorialist such Relief in the premises as to your Excellency shall, by the Advice of this Honourable Board seem mect.
And your Memorialist shall ever pray &ca
ROET LIVINGSTON JunT.
New York ye 31 May 1753.
GOV: CLINTON TO LT GOV. PHIPS.
New York 28th July, 1753.
I am to acknowledge the Reccit of your Letter of the 21st alto and the Report and Resolution of your Goverment of the 12th which I laid before his Majesty's Council whose further Sentiments on the Matter appear in their report to mne of the 19th Instant which I now inclose together with a Copy of the Act mentioned therein1 and desire you will be pleased to lay the same before the General Court at their next meeting that such measures may be taken on the part of your Government as may prevent the mischiefs both are threatned with and which must unavoid- ably happen should your province act in Conformity to their late
1 These papers relate to Boundaries, and are of no essential consequence to the difficulties in the Manor. ED.
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Resolution for it cannot with any appearance of Reason be imagined that this Government will tamely suffer yours to go on in settling the Lands claimed on both sides but on the Contrary it behooves us to take every measure necessary and expedient to prevent so extraordinary a proceeding This Government desires as earnestly as yours can possibly that the matter may be speedily determined but as this determination cannot proceed from the Authority of either Governmt we could wish that in the mean time all proceedings be suspended, a proposal so reasonable and equitable in itself and so much more for the Honour and Interest of both Provinces that I cannot in the least doubt you will heartily acquesce therein and place the matter in such a light to your Government as may induce them readily to agree to it. And least the General Court should not meet shortly, I must desire your Honour in the mean time to give effectual orders that all proceedings in consequence of their late Resolution may be stayed until the affair can be again laid before them.
This Government had determined to delay doing any thing in the matter until they could know yours and the further Senti- ments of your Government upon it But upon proof being laid before them of a Riot committed in the Manor of Livingston thought themselves obliged to order the persons concerned in it to be apprehended in order to be put on their Tryal for so daring a procedure and contempt of the Governmt of this Province of which I thought proper to give you notice by sending you the enclosed Proclamation that you might not from any misrepresen- tation of the matter have a different opinion of our peaceable intentions and as we think it must be agreed on all hands that the officers of your Govmt exceeded any authority that could be given them from thence We demand and expect you will order strict inquiry to be made who the Officers or Persons were and cause them to be apprehended and sent to this Government in order for their Tryal.
I am &c G. CLINTON.
The Honble Spencer Phips Esq
Sent 30 July 1753- GW DANYAR.
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MANOR OF LIVINGSTON.
PROCLAMATION TO ARREST RIOTERS IN THE MANOR OF LIVINGSTON.
By His Excellency The Honoble GEORGE CLINTON Captaine General and Governour in Chief of the Province of New York and Territories thereon de- pending in America Vice Admiral of the same and Admiral of the White Squadron of his Majesty's Fleet.
A PROCLAMATION.
WHEREAS Several Incroachments have lately been made by the Inhabitants of the Provinces of Massachusets Bay and New Hampshire, upon the Lands and Possessions of divers of his Majesty's Subjects, holding the same by Virtue of Letters Pattents under the great Seal of this Province, on pretence that the said Lands are included within the said two other Provinces.
And Whereas it appears that some person or persons pretend- ing to be officers of the Government of the Massachusets-Bay, came into the Manor of Livingston in this Province on or about the nineteenth day of this Instant, and with the aid and assistance of Josiah Loomis William Webb, John Hallenbeck son of Michael Hallenbeck, Joseph Arcourt, Jonathan Younglove, and David Pieksley, and divers other Persons whose names are yet un- known, in a Riotous manner and with force entered the House of Robert Vanduersen in the said Manor of Livingston, and by force took, bound, and carried away the said Robert Vanduersen and his Son Johannis, out of the said Manor of Livingston, in order to confine them in some Goal of the said Government of Massachusets-Bay, pretending that they acted under a Warrant or Authority from that Government, for a Trespass committed by the said Robert Vanduersen and his Son Johannis, on Lands lying within the said Manor : Although it is notorious that the said Manor lies within this Province, and was granted under the Great Seal of the same and by virtue thereof has been long above sixty years in the quiet and peaceable Possession of Robert Livingston Junior Esquire, and his Ancestors, or Persons claiming under them.
I have therefore thought fit by and with the advice of his
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Majesty's Council of this Province, to issue this Proclamation, hereby in his Majesty's Name strictly charging and Commanding the Sherif's of the Countys of Albany, and Dutches or either of them, and the Constables and all other officers in the said Coun- ties jointly or severally, forthwith to apprehend and take all and every the persons herein before particularly named, and con- cerned in the Riot aforesaid, and all and every such other person and persons as may appear to have been any ways aiding abetting or assisting therein, and them and every of them to Commit to the Goals of the said Counties of Albany and Dutches or either of them, there to be kept in safe Custody, until thence delivered by due course of Law : And for preventing the like Riotous proceedings for the future, as much as may be, The said Sherff's and other officers, are hereby in like manner, also strictly charged and Commanded to apprehend and take all persons, who shall hereafter under Colour or pretence of Title or Authority from the said Governments of the Massachusets Bay, or New Hampshire, enter upon and take Possession of any Lands granted under the Great Seal of this Province, and them also to Commit to Goal as aforesaid, there to be kept in safe Custody until delivered as aforesaid. And if the whole power of the said Counties or either of them be necessary for the better putting the premises in Execution, then to Summon the aid of the same accordingly. And all his Majesty's Subjects within the said Connties, are hereby required to give due assistance to the said Sherif and other Officers, when Summoned for the purposes aforesaid, under the severest Penalties the Law ean inflict, for their neglect or disobedience herein.
Given under my Hand and Scal at Arms At Fort George in the City of New York the twenty eighth day of July in the year of our Lord 1753 and of his Majesty's Reign the twenty seventh
By his Excel- iency's Com-
mand Gw BANYAR D Secry
GOD SAVE THE KING.
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MR VAN RENSELAER TO MR LIVINGSTON.
Claverack 11th August 1753
CoZN ROB. LIVINGSTON
Last night I was Credible Inform that the New England People Intirely Intendeth to Take you Dad or Alife, the Unther Shirrif has ben to the Informer to take a Dibotation to take you & had order to Pay for Every Assistin Eight Shillings Bounty, the Informer desire youl to be on your Gard-
The Barer hereof William Pandell will unther take to Gitt Josiah Loomis if he Can Gitt any Power, Pray Incourrige him from yr Hume Cozn
H RENSELAER.
GOVR SHIRLEY TO GOV. CLINTON.
Boston August 11. 1753
SIR,
I take the first opportunity of informing your Excellency of my Arrival in this Province ; and that upon a general Inquiry into the publick Affairs of the Governmt I found a Letter from you Dated 28th July last, and directed to Lieutt Governour Phips (then Commander in Chief, concerning the Differences wch have unhappily arisen between the two Provinces with respect to their Boundary Line ; at present I am not able to giveyou any Answer to this Letter, being altogether unacquainted with the Matters complained of ; but I shall take the first Opportunity to examine into them, and when the General Court of this Province shall meet (which will be the fifth of next month) I shall lay the Affair before them, & promote as far as I can a friendly adjust- ment of all Matters in Dispute between us; And in the mean time I shall do every thing in my Power to keep the Borders in Peace & good order, Depending upon it that your Excellency will do the same on your side. I am with very great Respect, Sir, your most humble and most Obedient Servant His Excellency Govr Clinton W SHIRLEY. (Endorsed) Goverr Shirleys 11th August Reced 18th 1753 Answered ye 26th 31st Augt Read in Council
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REPORT OF THE LEGISLATURE OF MASS. ON GOV. CLIN- TON'S LETTER.
MAY IT PLEASE YOUR EXCELLENCY
The Two Houses have carefully Considered the Letter from his Excellency Governor Clinton to Lieutenant Governor Phips of July 28th last, which your Excellency was pleas'd to lay before us, together with the Report of a Committee of his Majesty's Council at New York, as also an act of New York General Assembly impowering Commissioners to make proposals for amicably setling the Controversy concerning the Line between this Government and that.
On this Affair, We beg leave to observe to your Excellency, that the present warmth and disorders arose upon, or at least quickly after, the Petition of some persons (who had encroach'd on this Provinces ungranted Lands West of Sheffield) that the General Court of this Province would sell or dispose of to their, the Lands they thus possesst; not long after this, a Number of persons in the Employ of Robert Livingston j" Esqr burnt down the Dwelling house of George Robinson one of these Petitioners, and Mr Livingston cansed his Body to be attached & Committed to Albany Goal, by a Warrant from Authority in New York Province, who was afterwards Bailed by Order of this Govern- ment, upon which the General Court of this Province, from a sincere desire of Peace and gocd Order, and to preserve a good understanding with New York Government, propos'd to that Government the mutual appointment of Commissioners for setling the Boundary Line between the two Provinces; this New York Government did not agree to, but on the Advice of the Council there, in a very Majesterial manner, It was Demanded of this Government-What Right they had to Soil or Jurisdiction West of Connecticut River. Suggesting that it was but very lately, they knew we had any possessions West of that River, this pro- ceeding of the Gentlemen of New York appear' indeed extraordinary, as diverse of our ancient and best Towns Had been setled West of this River about an hundred Years, and the Shire Town of Springheld near a hundred and Twenty Years.
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The Government in New York thus declining to Join in setling the Line, and affecting to appear such great Strangers to our Affairs and Circumstances in those Parts of this Province, the General Court here Judg'd it vain to attempt any thing by way of Treaty in the Controversy, and therefore concluded to proceed in the best manner they could by themselves, and that they might be well inform'd of all Circumstances, last April sent a Committee to view the Lands West of Sheffield and Stockbridge, and report the Exact state of Affairs, which Committee went accordingly and on the spot Robert Livingston Esqr aforesaid, agreed with them, and they with him, that all proceedings should be stopt, till further Orders were taken by the two Gov- ernments, notwithstanding which in July last, Mr Livingston with above sixty men arm'd with Guns, Swords, and Cutlasses, in a very hostile and riotous manner, entered upon part of said Lands in the possession of Josiah Loomis, Cut down his Wheat, and carried it away in his Wagons, and destroy'd above five acres of Indian Corn, then growing on Lands possesst by said Lomis; complaint being made of these Violent proceedings to the Authority in the County of Hampshire, Warrants were granted, and two of the Rioters apprehended, Who enter'd into Bonds for appearance things being thus very much perplex'd and likely to grow worse, and New York Government still declining to do any thing, the General Court of this Province in their last Session appointed a Committee to repair to the place in Controversy, & dispose of the Land thus incroacht on, or some way or other quiet the persons contending, which Com- mittee propos'd soon to proceed in said affair; but have not as yet, and as New York Government have appointed Commis- sioners it is tho't best to Join them, and meet sometime in the Month of November next at bliddleton in the Colony of Connecticut, being a neutral place and about midway between the Capitol of this & that Government.
We beg leave further to observe that notwithstanding the lenity of our Authority's proceedings and readiness to take Bond of the two Rioters apprehended, yet Michael Halenbeck a Dutch-man whom they supposed to favour the taking Van Dusars, has been apprehended and closely confin'd in Dutchess
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County Goal (it is said to be in a Dungeon) and the most unex ceptionable Bail refus'd.
We would further observe to your Excellency, that We apprehend his Excellency Governor Clinton, and his Majesty's Council of New York were not duly inform'd of the proceeding of the said Livingston and others, upon said Controverted Land, which if they had been, we have reason to think the Proclamation accompanying Governor Clinton's Letter had never been issued, neither woukl Governor Clinton have made such a very Extra- ordinary and unprecedented demand, that the officers of this Government should be sent to New York for a Trial.
In Council Sept" 11th 1753. Read and Accepted
Sent down for Conenrrence J WILLARD Secry.
In the House of Repves Septr 11th 1753. Read and Concurr'd & Voted that Mr Welles, Mr James Bowdoin Colo Winslow, Capt Chandler & Mr Fletcher, with such as the Honble Board shall Join, be a Committee to wait upon his Excellency the Governor with the message that has pass'd the two Houses this Day.
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