USA > New York > The documentary history of the state of New York, Vol. III pt 2 > Part 14
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Your Honours Most obediant & most
Humble Servt ROBY LIVINGSTON JUDr. 1
769
MANOR OF LIVINGSTON.
REPORT OF THE GENL COURT OF MASS: ON LIVINGSTON'S PROCEEDINGS AGAINST PAYNE.
MAY IT PLEASE YOUR EXCELLENCY
The prospect of a Controversy opening between this Province & the Province of New York respecting the Western Boundary of this Province, has been very disagreeable to the Assembly, and it was with much Pleasure that we were informed of the good Disposition lately discovered by his Honour the Lieutenant Governor of that Province, towards an amicable Settlement of that affair, & the assurances he has given your Excy of his making all reasonable attempts to effect it.
But it gives us no small Concern to observe while the People of this Province are on their Part acting with all possible Moderation & Lenity towards the private Persons in that Province engaged in actions here that grow out of this publick Dispute, and this Province are suspending the Prosecution of such measures as they had publiekly resolved, only in Compli- anee wth a Proposal of attempting a mutual Settlement of this Dispute made by his Honr the Lieutt Goyr of that Province, and from a Disposition to avoid every thing that might tend to hinder their Success, That at the same time, the Conduct of some of the Gentlemen in that Province is directly the Reverse, & such as tends very much to prevent such Agreement.
The exorbitant Bail demanded by the Sherriff of the County of Albany from one Pain an Inhabitant on the Lands in Contro- versy, & now a Prisoner in Albany Goal, at the Suit of Ms Livingstone for Trespass in Cutting Timber Trees on those Lands, & the Reason offered by the Sheriff for his requiring such Bail, are equally extraordinary & surprising, For he refuses to accept Bail in that Action for less than £1000 lawful Money of New York, assigning this as his Reason therefor, vizt That the said Pain is suspected as having been concerned in a Riot com- mitted there, when the said Pain has been never indicted or any way prosecuted therefor. And the Sherriff refusing to accept of Bail even in that extravagant Sum unless the Prisoner would first pay him the Cost incurred in that action to that time, VOL. III.
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tho' no Tryal had been had thereon, is altogether a new & illegal method of proceeding, and we humbly conceive peculiar to the City of Albany, if not limited to this particular Case.
The Conduct also of Mr Livingstone towards the People settled there (according to the repeated advices & Complaints we have from them) in his threatning them to drive them by Force from their Possessions, to destroy their buildings, & in offering large Sums of Money to have them imprisoned, & in sending Parties of Riotous & disorderly Persons from time to endeavour to apprehend them, is such as we should not have at any time expected from a Gentle of his Character and Quality, much less should we have imagined he would have taken such Measures at a time when he was very sure, that the Execution of the Measures consulted and determined by this Province respecting this matter was suspended on a Prospect that a publick Deter- mination of this Dispute & a Settlement of the Boundary Line between the two Provinces would probably soon be made, & when the People there had special Reason from his express Declaration, as well as from the Nature of the thing to expect he would suspend all further Prosecutions against them, untill such attempt of a publiek accomodation should have been made.
These Proceedings both of the Sheriff & of Mr Livingstone (tho' not equally extraordinary) yet are such as we could not have expected, and such as cannot be justified, and such as may justly excite an Uneasiness with those Gentlemen, as well as our Concern & Compassion for the suffering Persons, & we doubt not your Excy will be of the same opinion respecting these matters.
We therefore most earnestly desire your Exey to embrace the first Opportunity of writing to his Honour the Lieutt Govr of New York in the most pressing Terms, that nothing be done by that Governm' or any of their People that shall tend to raise a Contention between the two Governmts when a strict Friendship & Union seems more than ever to be necessary, That such unreasonable Proceedings as have been mention'd may be pre- vented for the future, That the poor Prisoner may be allow'd the Privileges the Law allows him, & that as to all the People living on those Lands in dispute, all Proceedings against them
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MANOR OF LIVINGSTON.
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for matters relative thereto, may be intirely suspended, And that they may be suffered quietly to improve their present Pos- sessions without Fear or Interruption untill the proposed method of a mutual Determination of this Dispute shall have been properly attempted.
Which is humbly offered P SAMI WATTS p Order.
In Council April 11, 1754-Read & Ordered that this Report be accepted, & that Sylvanus Bourn & Joseph Pynchon Esq's with such as the honble House shall joyn be a Commee to present the same to His Excy accordingly.
Sent down for Concurrence
THOR CLARKE Dpty Secry.
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In the House of Reptives April 11, 1754, Read and Concur'd & Colo Worthington, Colo Richards & Capt" Ashley are joined for that Purpose.
THOR HUBBARD SpKT.
Copy examined p J. WILLARD Secry. (Endorsed)
29 April Read in Council Referred
to the Commee & Commissioners.
GOV. SHIRLEY TO LTGOV. DE LANCEY.
Boston April 22nd 1754 SIR
* Pursuant to an Application made to me by the Council and House of Representatives of this Province occasioned by a Petition of one Payne I must desire of your Honour that nothing may be done by the Government of New York or any particular persons there, that shall tend to raise a Contention between the two Governments at a time when a strict Friendship and Union seems more than ever to be necessary ; and that such severe Proceedings as are said to be had against the said Payne may be prevented for the future, and that this poor Prisoner
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(if he has been hitherto debar'd) may be now allowed the Privilege of Law more especially in relation to the extraordinary Bail demanded of him ; and that he may be set at Liberty upou reasonable Bail ; and that as to the other People living on Lands in Dispute between the two Governments, a Suspension may be had of all proceedings against them, and that they may be suffered quietly to improve their Possessions untill the Proposed method for adjusting the Differences between the two Govern- ments shall have been attempted.
I thank you for giving me Intelligence of the Report at Albany concerning a French Fort's being lately finished at Coas; as also for that concerning the strength of their fort at Niagara.
The Assembly is upon the Point of rising and the Post of its departure ; so I have only time to subscribe myself
Sir Your Honours most humble and most obedient servant W. SHIRLEY.
REPORT ON THE PRECEDING.
MAY IT PLEASE YOUR HONOUR
We have lately had under Consideration two Letters from his Excellency Governor Shirley, one of the 21st of January and the other of the 22d of April with two Reports of the Council and Assembly of the Massachusetts Bay the first without date and the second of the 11th of April and a vote of that Govern ment of the 11th of April appointing Commissioners for settling (in conjunction with ours) the Line between the two Governments. Which were referred to the Committee and Commissioners appointed to examine into the Eastern Boundaries of this Colony, that they might Report to your Honour their Opinion thereupon.
We humbly conceive the principal Matters contained in the first mentioned Report are fully answered in that from this
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MANOR OF LIVINGSTON.
Government of the 28th of February 1753 and those subsequent to it: Or if a further answer should be necessary, as your Honour proposes to appoint Commissioners to meet the Commissioners of that Province, these with the other Points relating to the Controversy must fall under their Consideration, and for this Reason we decline to make any observations upon them.
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As to what relates to the extravagant Bail demanded of one Pain and the Conduct of Mr Livingston in this and the other particulars complained of in the second Report. We beg leave to lay before your Honour that Gentleman's Affidavit, which shows, if there be any Cause of Complaint respecting the refusal, or the demand of Excessive Bail, it is not against Mr Livingston but the Sherif and the Method for Redress in this Case is open and free. It appears Mr Livingstons Conduct in this Dispute has been confined within the limits of his own Manor, and therefore very justifiable in our Opinion,-being principally directed to prevent the People of the Massachusets Bay from setling his Lands or prevailing upon his Tenants to take Titles for them under that Government ; and when it is considered that he and his ancestors have been in Peaceable and quiet possession since the Lands were first granted by this Government, till within three years past, we believe every one must think the People of the Massachusets Bay highly unjustifiable in extending their Settlements on those Lands, or giving any interruption to ours, till such time as it should be known by the settlement of a true Division Line, within which of the Provinces the contro- verted Lands would fall.
We forbear to make any further observations on the matter though it is insinuated without any Reason we think, that this Province hath not shown the same good Disposition the province of Massachusets Bay has towards an amicable Settlement of the Affair, or have used less Moderation and lenity to the People of that Government than they have done to the People of this Province concerned in the Dispute : A particular Discus- sion of this Point, we are fully perswaded would remove every prejudice of this nature, but as it might lengthen the Controversy we shall avoid entering into it being very desirons to see an end put to all Contention by a speedy and final settlement of the
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Line between the two Provinces : Which is humbly submitted to your
Honour
By Order :
City of New York 4th May 1754
JNO CHAMBERS Chairman of ye Committee
PAUL RICHARD Chairman of Commissioners
MR LIVINGSTON TO LT GOVR DE LANCEY.
MAY IT PLEASE YOUR HONOUR
The following is a Memorandum of the Informations which have received concerning some late proceedings of the Massa- chusets Bay in relation to the Mannor of Livingston &c
On the 27th of January last Ebenezer Loomis by his Letter of that date acquainted me that he had been to the Mountains at Tackanick on the Saturday before but had not had the Good Hap to do me any Service by reason that the People said Engersel had the Grant meaning a Grant for Lands in my Mannor That thereupon he sent Joseph Gould to Sheffield but Engersel would not let him see the Grant but that Orent had told the Letter Writer that he had seen and heard it read and further that Gould acquainted him that the Names of the Committee lately appointed by the Massachusets Bay Government to lay out those Lands are Capt Watts Mr Bradford and Mr Livermore.
On the 28th of January last David Shirts came to tell me that Hendrick Brusie, Adam Shefer & Jacobus van Duesen had been at his House the day before and told him that they were sent round by the Boston People to the Tenants in the Manor Living- ston to ask them whether they would join with them against their Landlord or not- That in Case they would they should have all their Lands from them for Nothing- That they had already been to several to discourse them on this Subject and had got their Answer, But what that was they would not inform-
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MANOR OF LIVINGSTON.
David Shirts answered them that he had nothing to do with the New England People- That he had hired the Lands of mo, and that as long as they continued mine he would have nothing to do with any other. They then desired him, that if he came out with me against them he would join with the New England People, and that they would return for his Answer in a fortnight.
Coenradt Rosman informed me that he had heard that they the New England People had raised a Company of One Hundred Men part on Taghkanick and part higher up in the Mountains to Defend Taghkanick against the French and Indians but that it was supposed it was in order to possess themselves of my Lands
To the Honourable James De Lancey Esqr his Majestys Lieutenant Governor and Commander in Chief in and over the Province of New York and Territories de- pending thereon in America New York ffebruary 7th 1755.
I am with greatest respect Your Honours Most hble Seryt ROBT LIVINGSTON JUMP
JOSEPH PIXLEY'S AFFIDAVIT.
Claverack February 8th 1755.
This Evening Appeared Joseph Pixley Before us Abraham Fonda Henrey V Ranslar and Derick T. Broek Esq" and upon the Holy Evangelus Declares and Complains That he is In Danger and Now is Afraid that Robert Noble or Some Other Person : Will Take him & Bring him Into the Goal in Massachu- sett Bay : for the Only Reason that he hes Obeyed the Orders of the Colony of New York.
ABRAHAM FONDA Juste H RENSELAER JUR DIRCK W. TEN BROECK Juste.
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WM WHITE'S AFFIDAVIT.
Claverack Februry 8: 1755.
This Evening appeared William White Jur Personally before us Abraham Fonda Henrey V Ranslar and Derick T Broeck Esqres and Declares that on the 7th Day of this Instant Februry Robert Noble and Some Others Assisting, Took the Body of Clark Pixley the Constable and the Body of John Morreso and Have Carred them of To their Common Goal in Springfield and the said White Further Says that he is now Afraid and in Danger of Being Taken and Carred To the said Goal and for the Only Reason that he Obeys the Orders of the Government of New York
ABRAHAM FONDA Juste
H RENSELAER Juse DIRCK W. TEN BROECK Justice.
MR STEVENSON TO CAPTN LIVINGSTON.
DEAR SIR
I reed yours of the 31st Ultimo am sorry that you are Scituated near so troublesome Neighbours and am more apprehensive of greater Trouble Collo Renselaer has been with me this Evening and shewed me Copy of two Affidavits taken before Abraham Fonda Henry Renselaer & Dirck Tenbroeck the one swears that he believes himself to be in Danger of being Carried off by one Noble who Acts by a Commission under the Governmt of Massachusett Bay and for no other Reason but because he obeys the Orders of this Governmt the other swears to the Same purpose but more that 2 men are actually Carried off one of them a Constable at Claverack. m
Collo Renselaer told me further that Noble and your friend Michael Hallenbeck are to have their Company's in Arms on tuesday Mr Renselaer and the Sheriff goes down to morrow and will on tuesday take Kinderhook and Claverack People with
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MANOR OF LIVINGSTON.
him and endeavour to take Noble and the others who were aiding in taking the Constable and other Man I am busy with the Tax List and some other Affairs I have on hand or should gone in Company I think this is a publick Affair as it seems only to relate to the Jurisdiction Mr Woodbridge was here about ten Days agoe He told me that he had been lately at Boston and by what he understood their Governmt meant not to take away your Property and that he did not believe you would loose any thing Considerable perhaps not one foot of Land.only their Taxes were higher than in this Governmt and that would be all you could loose I have no time to enlarge as their is Company with me and the person who is to carry the Letter goes away as is said Early in the Morning I am with Respect
Dear Sir
Sunday the 9 February 1754 Eight at Night.
Your most humble Seryt
JA STEVENSON.
AFFIDAVIT OF SHERIFF YATES.
Claverack in the County of Albany Febry 13th 1755. Personally Appeared before me Abraham Fonda L'sqr one Ss. S of his Majesties justices of the Peace for the City & County of Albany, Abraham Yates jr Esqr high Sheriff of the city and county of Albany aforesd and being Duly sworn on the holy Evangelist Deposeth and Sayeth that on the Eleventh Day of this Instant Febry being Commanded by Henry Van Renselaer Esqr one of his Majesties Justices for the Citty & County aforesd to take Into his the Deponents Custody one Thomas Wittney of Claverack aforesd which he in Obedience to their Commands accordingly did. But that afterwards on the Day aforesd the said Wittney was Rescued out of the Custody of the Deponent By Robert Noble of Claverack aforesd who with a Party of About fifteen or twenty men made up to the Deponent and Presented his Pike to his Breast as If he Intended to Run him thro' The Body, whilst several of his Men Presented their
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Guns at the Deponent, the Deponent further Sayeth, that sd Noble asked him of what side he was, to which the Deponent Reply'd, he was High Sheriff of the City and County of Albany, upon which said Noble ask'd him what Business he had there, at the same time ordering his party to seize on the Deponent which they accordingly Did and Confind him to a house Belong- ing to the said Noble where he was strictly watched By two Centinals By order of said Noble from about Eleven in the Morning 'till ten at Night and then he the Deponent was Con- · veyed to Sheffield still in Custody till ten next night where he was obliged to give in Bail for his appearance at their Next Court in May next, The Deponent further saith that he was bound to appear Said Court or forfiet the sum of one hundred and fifty Pounds Lawful money, and further the Deponent Sayeth not.
ABRAHAM FFONDA Justice.
(Endorsed)
Febr' 13 1755. Affidavit of Abraham Yates Jun' Esqr
NAMES OF PERSONS
WHO SEIZED THE HIGH SHIRREF OF CITY & COUNTY OF ALBANY THE 11 FEBRER 1755.
Robert Noble
William S Halenbeck
Thomas Willnie
Myhiel Halenbeck
Hendrik A Brosie
Jacob Bacon Joseph Jellit William Ja Rees
Benja Lovejoy Elysa Stodder
Francis Bovie
Andris J. Rees
Benjamin Chittentou
William J. Halenbeck
Richard Vane
Natan Lovejoy
Talvenis Stevens
Wheat Herk
Hymon Spenser Andrew Lovejoy
Daniel Lovejoy.
779
MANOR OF LIVINGSTON.
LT. GOV. DE LANCEY TO GOV. SHIRLEY.
New York 17 Febry 1755
Mr Livingston has lately made a complaint to me that he is threatned and disturbed in the possession of his lands by some of the Magistrates & others of your Government, and I am in- formed that Robert Noble an inhabitant of this Province has a Commission as a Captain from you, and that some others have also Commissions & that the said Noble has taken Clark Pixly a Constable and John Morreso & carried them to the Goal at Springfield, I persuade myself your Excellency has not been fully acquainted with these circumstances as I am assured you would not give into measures that tend to create a civil war between his Majesty's subjects especially at a time when all our attention is requisite to oppose our natural enemy. I expect from your Excellency's justice that you will order the Constable & Moreso to be immediately discharged and that you will be pleased to revoke the Commission given to Noble & others who are inhabitants of this Province and have long held their lands by title under it, Nothing could give me a greater concern than to be laid under the necessity at this time of enforcing the au- thority & laws of the Government against these disorderly and seditious persons who disturb the peace of the Province, I therefore hope your Excellency will discountenance them and put a stop to such evil practices as must end in confusion, the proposal of a temporary line the west side of Housatanik River to 100 yrds West of Fort Massachusetts made by the Commis- sioners of this Province at Albany to your Commissioners is such as appears to me very reasonable to be embraced by Mas- sachusetts Bay, it leaves your Government one third of Westen- hook Patent which was granted under this Province in the year 1705 and purchased of the Indians in 1685, the rather as from the Records I have seen and the argument's used, it seems very evident, that his Majesty's rights extend eastward as far as Con- necticut River, which is above thirty miles beyond the line pro- posed by this Province. I am sorry to be obliged to give you this trouble, now you are so deeply busied in other matters,
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Your Excellency is sensible I could not avoid it, I shall conclude with wishing you success & with the assurances of my being with great esteem
Yours &c
Govr Shirley
AFFIDAVIT OF JOHN VAN RENSSELAER.
NEW YORK SS John Rensselaer of the Mannor of Rensselaer- wiek in the County of Albany Esq" of full age being Duely sworn on the IIoly Evangelists of Almighty God Deposeth and saith, that some time in the beginning of this month of February, he Received Information, that one Robert Noble and severall other of his Tenants, within the said mannor, had Entered into a Confirmation with some Boston People, and disclaimed being any Longer Tenants to or under him and gave out and pretended to hold their Lands and possessions within the said Mannor under Boston Government, and that they had taken Clerk Pixly one of the Constables of Claverack in the said Mannor, and by force of Arms, had Carried him thence, and one John Morress priso- ners into Boston Government, and also had been Guilty of other Outrages and Threatenings upon severall other of his Deponents Tennents in order to force and Compell them to Join in opposing the Deponents Rights and Title in the said Manor, and holding their possessions which they had from and under him, under Boston Government, Whereupon the Deponent took to his Assistance Abraham Yates Esqr high Sheriff of the City and County of Albany, and went to Claverack, and from thence, went in Company with his Brother who is a Justice of the peace for the said County, and the Sheriff and severall other persons, in order to goe and see what his said Tenents were abont, and if he Could prevent their falling from him, and Joining the Boston people, in Committing breaches of the peace, That in Travelling along towards Nobles House they overtook one Thomas Whitney, who they were Informed, was one of the persons that took Clark pixly the Constable, and John Morriss prisoners as aforesaid Whereupon the Sheriff Yates was ordered
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MANOR OF LIVINGSTON.
by the Justice to take him into Custody, untill a proper Enquiry Could be made about the matter and the Deponent, and his Company went on towards Nobles House, and as the Deponent Came near the House, he was Greatly surprized by seeing severall of his own Tennents, and M' Livingston's Tennents with severall New-England people from sheffield altogether armed with Guns Swords, Clubs and other Weapons, and Robert Noble as their Captain with a pike, that as the Deponent was advancing towards them, they Called to him and Swore bitterly, that they would shute him, if he Came within the ffence Whereupon the Deponent nevertheless rode up to them, and bid them shute and be Damn'd, and asked them where the sheriff was, and some of them, said he was well, and that they had him in the House, and told the Deponent he had nothing to doe there, and that they would not Let the sheriff' goe unless the Deponent would give them a Bond that he would let them alone, and not meddle with them untill the Controversie should be Decided, That the Depo- nent saw the sheriff in Custody in Nobles House, and has been since Informed they Carried him a prisoner to Sheffield in Boston Government, and the Deponent further saith, that he was informed that his Excellency Governour Shirley had given the said Robert Noble a Commission to be Captain of a Company within Claverack in the Manor of Renslaerwick and that he had also appointed and Commissionated several other Military Officers to Doe Duty and Have Jurisdiction within the said Mannor, and also in the Mannor of Livingston, and the Deponent also saith that severall of his Tenants, told him that the Government of Boston intended to Build two Foorts in the said Mannor, and keep Soaldiers in them, in order to protect them, and that in a Little time they would Come and Lay the Land out for them, that they also intend to Lay that part of the Mammor out in Townships and sell it, and the Deponent further said that the said Robert Noble, hath been a Tenant on the said Manor where he now Lives, under him the Deponent about six or seven years, and that his the Deponents father, had settled severall other of the Tennents there, (as he hath been Informed and Verily believes to be True) upwards of Thirty years past, and also saith that he and his ancestors with those who were owners of
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the Colony of Renslacrwick, have been in possession thereof, ever since the Dutch settlements in this Country and further saith not.
JOHN VAN RENSSELAER
. Sworn the 22d of
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February 1755. Before me Jnº Chambers.
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R. LIVINGSTON TO LT. GOV. DELANCEY.
Mannor Livingston ye 8 March 1755.
MAY IT PLEASE YOUR HONOUR
On my return home from New-York I was informed by Lieut Dirck Ten Broeck, that he had had an information, that Michial Halenbeck of Takanick in my mannor, had taken a Commission of his Excelly Governor Sherley, for Capt of a Company of Malitia at Tackanick, and that he was to make his appearance & train his Company, on a Certain day some time last month ; that thereupon Lieut Ten Broeck ordered my Company to ap- pear, at Takanick the same day in order to prevent him from training & if possible to take him and his men & to send them to Goal, when he came with his men to Halenbeck's house he found that Halenbeck had 17 men or there abonts, in his house all armed, he was refuzed to be admitted into the house, but asked Halenbeck whether he had taken a Commission from the Boston Governour, he answered no, but that he had been offered one & would not accept of it. While Ten Broeck Stood with his Company at the door, which was till near sun sett, he saw several men lurcking in the Bushes with their Arms, in order as he supposed to go to Hallenbeck's house, which Ten Broocks men chased away ; but in coming away from the house he met four men well armed, who when they saw onr men, rid as fast as they could to John Hallenbeck which is about 800 yards distance & there fied into the house & locked the door, when Ten Broock came up to the house he desired them to open the door, that he might se what armed men were come in there, & what their basi.
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