USA > New York > The documentary history of the state of New York, Vol. III pt 2 > Part 15
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783
MANOR OF LIVINGSTON.
ness was, that after some little time Jan Halenbeck opened the door, and our men Enterd where they found three New England men of Sheffield with their arms in their hands whome they took & found one of them to be the person who acted as Sargent at Noble's when the Sheriff was taken, the other two confessed they were sent by Capt John Ashley of Sheffield to assist Michial Halenbeck; the next day they were sent to Goal upon the Proclamation Issued by Governour Clinton, and I have since heard that onr Sheriff has admitted them to Bail, which am sorry for.
The same Evening these three men were taken, one Jury Rosman a Tenant of mine who had been with Lieut. Ten Broock tarryed behind at Tackanick to gitt a bag of In: Corn & was taken by Josiah Loomis & 4 New England men & Carryed, the same night to Sheffield were he was kep 4 days to se if any body would come to bail him, & when none came in that time; the Sheriff of Springfield took him by a Warrant of Brigadier Dwights, and Carryed him to Springfield Goal where he now lays to the great loss of his poor family.
I must Intreat of your Honour to fall on some Effectual method to prevent these violent proceedings for the future, else this whole county of Albany must be ruined by a parcell of Bendity on the back of us, or else we must arm ourselves in our defence, which we are not able to do, without assistance from the Government.
I am told a Committee is Shortly to come from Boston to lay out a Great part of Collo Renselaers, & my Lands, & to give Grants thereof to our Tenants, & to appoint officers & to Exercise Jurisdiction, which if true, will certainly be a means of blood Sheed, I must therefore beg of your Honour to send me as well as the Justices & Sheriff's of Albany and Dutches, your orders how to act, in Case they do come, & offer to lay out our Lands &a that we may be prepared to meet them, I have lately been informed from Boston that a Committe of war from thence was to go to New York to advise or treat with our Government on affairs of great Importance to all the Colonyes, this may p-haps be a good opportunity to Settle a line of peace with that Government, and I hope your Honour will Insist upon it, with
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PAPERS RELATING TO THE
those Gentlemen that it may be done Speadily that we may again live in peace & Good neighbourhood & joyn together in good Earnest to attack our Common Enemy ; and that your Honour will be pleased to write Governour Sherly to desire him to order Rosman out of Goal again, & to send his orders to the magistrates & officers of Sheffield, Stockbridge &ca not to Exercise any Jurisdiction within our antient known Limitts or whatever else your Honour Shall think will be more conducive to Establish a lasting peace between the two Governments, which will exceed- ingly oblige
May it please your Honour Your Honours Most Obliged & Most Humble Serv RODT LIVINGSON Jun".
P. S. Since writing the above Rosman is come home having given bail to appear at Springfield Court the 3d Tuesday in may which is very hard upon this voor man
SHERIFF YATES TO LT. GOVR DELANCEY.
Albany 29th March 1755. MAY IT PLEASE YOUR HONOUR
I Presume to Give you this Trouble to Inform you, that I am Involved In a Great Deal of trouble Occasioned by the Govern- ment of Massachusets Bay Claiming Jurisdiction in the Lands that Have been long Settled under the Government of New York Last Winter I turned two men out of Possession one of them had been first Settled under Mr Livingston and the Other under Mr Renselaer: But of Late Pretended to hold under the Government of Massachusets Bay.
A few weeks ago I Wass taken Prisoner By a Great Number of Armed men and Carried to Shiffield, and there Detained tell I gave Bail for my Personal Appearance at Springfield, at a Court there to be held the Second Tuesday of May next I am very Apprehensive if I go there to Discharge my Bail that they
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785
MANOR OF LIVINGSTON.
Will Not Only Lay a heavy fine upon me, but Commence Suits against me in the Name of the two men I turned Out of Poe- session And by that Means hinder me to do the Duty of my Office, and that at a time When our Inferior Court, and Court of Sessions for this County Will Be Near at hand, and Perhaps the circutt Likewise, Noble Who took me Prisoner has made a kind of fort of his House, made Loop Holes in it to fire out of. and there are Continually a Number of Armed men going together there Abouts, So that it is unsafe for me or any officer of this Government, to Execute Our Offices in these Parts.
I beg that Your Honour will Be Pleased to take the Affairs into Your Consideration, and that You will Be Pleased to Give me Directions how to Demean my Self in these Circumstances and how to Act for the future.
I am With Profound Respect May it Please Yom Honour Your Honours most Obedient and most Humble Servant Apm YATES JunE.
To the Honorable James Delancey.
(Endorsed)
29 March 1755.
PROCLAMATION TO ARREST ROBERT NOBLE.
By the Honoble JAMES DE LANCEY Esqr His Majesty's Lieutenant Governor and Commander in Chief in and over the Province of New York and the Terri- tories depending thereon in America
A PROCLAMATION.
Whereas several Incroachments have lately been made by the Inhabitants of the Massachusets-Bay upon the Lands and VOL. III.
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PAPERS RELATING TO THE
Possessions of divers of his Majesty's Subjects holding the same by virtue of Letters Patents under the Great Seal of this province, on pretence that the said Lands are included within that province. And many of the Inhabitants of this Govern- ment, have been taken and carried away by force, and to prevent their Imprisonment in the Goals of that Province, have been com- pelled to give excessive bail for their appearance before the Courts of the Government, to answer for supposed Trespasses or offences Committed on Lands, which the people concerned in the said Riots, do alledge are within the Province of Massachusets- Bay though the contrary be most notorious. A recent instance of which riotous and illegal proceedings, is fully proved in an affidavit of Abraham Yates Jun' Esqr High Sherif of the City and County of Albany of the 13 of February last, who declares that on the eleventh day of that month, being Commanded by one of his Majesty's Justices of the peace, to take one Thomas Whitney of Claverack (a place well known to be within the province of New York) he did accordingly take the said Whitney, but that he was rescued out of his custody the same day, by one Robert Noble of Claverack aforesaid, who with a party of about fifteen or twenty Men made up to him the said Sherif, and pre- sented his pike to his breast, whilst several of the Men in Company with the said Noble, presented their Guns at him, and by the direction of the said Noble seized and confined him to a House belonging to the said Noble, where he was Guarded by two Centinells from about 11 oClock in the Morning, till 10 at Night, and then conveyed to Sheffield, where he was detained until ten "Clock the next Night, and then in order to obtain his Liberty, was obliged to give Bail in the sum of $150 lawfull money, for his appearance at the Court to be held in May next.
To the end therefore that the said Robert Noble and his associates, as yet unknown, may be brought to Condign Punish- ment for so audacious, and daring a breach of the peace, and contempt of his Majesty's Authority within this Government ; and that others may be deterred from the like wicked practices, which if not speedily prevented, may endanger the peace and quiet of both provinces, and destroy that harmony and good understanding, which ought at all times. but more particularly
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787
MANOR OF LIVINGSTON.
at this juneture, to subsist between them. I have thought fit by and with the advice and consent of his Majesty's Council to issue this Proclamation, Hereby strictly commanding the said Sherif and all other Officers within this province to apprehend the said Robert Noble, and all or any of his associates abetting aiding or assisting in the Riot aforesaid, and him and them to keep in safe Custody in the Goal of the said City and County, until thence delivered by due course of Law. And in like manner to apprehend and keep in safe Custody all and every other person or Persons, who shall hereafter be Guilty of such Riotous and illegal proceedings. And all his Majesty's Subjeets of the said City and County are to give due assistance to the said Sherif who is empowered and required if necessary to summon the Posse or whole power of the County for putting the premises in Execution.
,
GIVEN under my hand and Seal at Arms at Fort George in the City of New York the second day of April in the year of our Lord one thousand seven hundred and fifty five and in the twenty eighth year of the Reign of our Soveraign Lord George the second by the Grace of God of Great Britain France and Ireland King Defender of the Faith and so forth
By His Honours Command
GW BANYAR D Secry
James De Lancy
GOD SAVE THE KING.
SHERIFF YATES TO LT. GOV. DE LANCEY.
Albany April 18th 1755.
SIR-I think it is iny Duty to acquaint Your Honour, that I have In my Custody four of the Rioters, taken up By vertue of the Proclamation.
I shall Wait on Your Honours Direction What to Doe with them and
Remain Your Honours
most Obedient Humble Servant
ABRAHAM YATES Jun".
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PAPERS RELATING TO THE
AN ACCOUNT OF THE MURDER OF WILLIAM REES.
Albany Apll 18th 1755.
MAY IT PLEASE IF HONE
SIR
Pursuant to your Honour's Proclamation I went with a Party of men to take Robert Noble and his Associates, But got only three of them Noble and the Rest being fled to Sheffield upon hearing of my coming of which he was Informed By one of three we took this was on Tuesday last. . And on Wednesday morn Part of the Company who were with me went to apprehend One William Rees Living in the Man' Livingston another of Nobles Associates. and being Desir'd to open the Door, he Refus'd and swore he would Kill them all upon which one of the Company broke a Board out of the door thro which Rees then put his Gun and snaped It three times at the men who stood before the door, they then Rushed in the house and Rees got on the Garret, from whence thro' the Ruff he jump'd out and then Snap'd at one Mathew furlong. who shott him thr'o the Body as he was turning about to Shoot Again haveing already Cock'd the Gun, as It now Lies with the Body. furlong Immediately Surrender'd himself to Mr Dirk Broek Justice The Coroner is gone down to Call an Inquest on the Body.
Yr Honour will Observe By the above Narration how Difficult It is to take those Rioters (who all swear they will be kill'd or kill before they are taken) without Endangering the Lives of Both ourselves and them.
So that without some means be found to Indemnify This Furlong for killing Rees. we shall never be able to suppress these Rioters as no one will Venture to take them without he knows wether he may shoot a man that Snaps his Gun at him. The Rioters grow daily more Audacious, haveing now again taken a Constable who has been obliged to Give in Excessive Bail. It can be prov'd that sd Rees at several times said he would Kill one. and more Especially when the Sheriff was taken, he being one of them that took the Sheriff.
I Begg yr Honr will speak to M' Chambers about the Affair.
789
MANOR OF LIVINGSTON.
and see wether some means cant be found at Least to Bail this Furlong. Submitting to yr Discretion I Remain
Styr Honr Very Humle Servt JOHN VAN RENSSELAER.
LT. GOV. PHIPS TO LT. GOV. DE LANCEY.
Boston April 28th 1755.
At the desire of the Council and House of Representatives of this province I now acquaint Your Honour with the Information laid before this Government of a Barbarous murther committed upon the Borders of the Town of Sheffield upon the Body of one William Race by a Company of Arm'd men the particulars of which are contain'd in the Declaration of John McArthur sworn to before me and his majesty's council of this Province Copy of which I herewith inclose.
I do therefore desire your Honour to use all possible means for taking up and securing said murtherers, and conveying them to the County of Hampshire in order to take their Trial in case they or any of them are fled to the Government of New York ; and that Your Honour would take effectual means until the present controversy shall be settled for restraining the Inhabi- tants of Your Government from all Acts of violence against the persons and Estates of the Inhabitants in those parts as this Government will otherwise be subjected to the charge of providing means for their security & Defence against such unwarrantable Invasions & for prevention of War & Bloodshed between the People of the two Provinces.
At the desire of the Assembly I have issued a Proclamation for apprehending the murtherers and offering a Reward of one hundred Pounds to such Person as shall diseover them & bring them to Justice, I should send You a Copy of this Proclamation but it is now in the Press.
I am with great Esteem Sir, Your Honour's most obedient Humble Servant S. PHIPS.
L' Governor DeLancy 13 May Read in Council
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PAPERS RELATING TO THE
DECLARATION OF J. MCARTHUR RELATIVE TO THE DEATH OF WM REES.
Province of 1 The Declaration of John McArthu. Massachusetts Bay. S Husbandman dwelling in the Western parts of the County of Hampshire about twenty miles distant from Hud- sons River-That on the 13th day of this month of April he was inform'd that a number of arm'd men had broke open the House of Jonathan Darby living on Land supposed to belong to this province, and that they had carried away one Josiah Loomis tu Albany Goal. That on the 14th day of said month the Declarant was inform'd that the same company were coming to attack the houses in his neighbourhood, that soon after he heard the noise of men & dogs as he apprehended at some distance & following the noise he discover'd thirty or forty men going away from the House of Robert Noble, & as soon as they were out of sight the Declarant went down to the said Nobles house, that the said Nobles Wife told the Declarant that about forty or fifty men arm'd with Guns and Swords among whom were Colonel John Van Ranslaer and also Henry Van Ranslaer Esqr had been at said house, that one of the Company ask'd for her Husband who was gone to Sheffield, that they broke open the Chest took her Husbands Gun away, & also his Spear, the Gun they return'd that she told them if they would spare the house she would persuade her Husband to submit to the Renslaers and aeknow- ledge their Title whereupon the said arm'd persons left her house. The Declarant further says that he was inform'd that said company went from said Nobles house to Nehemiah Hopkins's & pull'd great part of it down, and the Declarant afterwards went to said House & saw that the Boards were all pull'd off from the sides of the house, & an attempt made to break up the roof. That the next day being the 15'h he was inform'd that some of the same arm'd Company had that morn- ing just at day light broke into the House of William Race who liv'd about the same distance from Hudsons River with the Declarant, and that said Race fore'd his way through the Roof of the House & attempted to Escape but as he was running
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791
MANOR OF LIVINGSTON.
away from said Company he was shot Dead. The next Day the Declarant went. to the place & saw the Dead Body of the said Race with seven wounds which appeared to be made with Buck shot; that on the same day the Coroner came from Sheffield & having impannel'd a Jury sat on said dead body. The Declarant has no Copy of their Verdict, but was inform'd that they found that said Race was murdered.
JOHN MCARTHUR.
Sworn before the Honble Lieut. Governour & Council the 28th of April 1755.
Attest J. WILLARD Secry
Copy Examined
p THOS CLARKE Depty Secry.
13 May Read in Council.
DIRCK SWART TO MR LIVINGSTON
Manor Livingston Bay G. 1755. HoNie Se
On Monday M. Connor went to Warn the People to Assist on Thuesday Morning at Taghkanick and as he Arrived to Anchoram about Sun Down he Was Informed that there Was a proclimation from ye Livetenant Governour of Boston Nailed upon Dirck Spoor Door and Mr Conner being Uneasie to know what Was Meant by the proclimation being put up there he Went to Dirck Spoors and When they seen him Comeing towards the house they took it of and Locked it up in one of their Chest But M: Conner Insisted Upon Seeing the paper that was Nailed to the Door and After Some Dispitte Got it out of the Chest Which is Now Inclosed and sent to You for Your Better Information and as Mr Connor was in Comeing Whome he Came by Anchoram Where he Stayed till Ten O'Clock at Night he Likewise ordered the people of' Anchoram to keep together in one house and to be Sure to Make Deffence, But in Steed of Defending Themselves the fled after a Base Manor and Made No Ressistance at all.
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PAPERS RELATING TO TIIE
P. Inclosed you have the Number of Men Which Ware taken This Morning out of Anchoram By the New England Company and your Servt Jacob Knight Who Was among them and Call'd out to the New England People to ty the Anchoram and as Mr Connor Informed me that the New England Sheriff Come up to Mr Deeker and Shook hands With him and said he Would not take him and Mr Deeker never offerd to make any Ressistance and all against him and it's said they are to Come and take M. Conner and the Rest of the Anchoram People and We are Going there Now With a Company of men to Assist him as far as We I am hond Sr your most
Obedient & faithfull Servt
DIRCK SWART
THE NUMBER TAKEN FROM ANCHORAM.
James Elliot, the Clarke; Niel Mac Arthur, Founder ; Hugh MacCay, Filler; Jacob Showers Founder, Samuel Herris Do, Charles MacCarthur Morris Whalen Angus MacDuffey
the Number took there were
Robt Noble Thomas Whitney Jacob Spoor Cornelins Spoor Andries Reese Jonathen Derby Francis Baly kl a Solde belonging to Albany Garrison Ebenezer Pain John Van Gelden an Indian Joseph Van Gelden an Do Jacob Kneght Mr Livingstons Servant 103 ye Whole Number.
AFFIDAVIT OF ROBT LIVINGSTON. 1
Province of 3 12} ss ROBERT LIVINGSTON Junior of the Mannor of New York Livingston Esqr being duly sworn maketh oatl: that on the morning of this eighth day of May in the Year of Our Lord one Thousand seven Hundred and fifty five he received by an Express sent from Dirk Swart his Store Keeper at the Mannor
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793
MANOR OF LIVINGSTON.
of Livingston by Letter dated the Sixth Instant, Information (which he doth verily believe to be true) that Robert Noble, Thomas Whitney, Jacob Spoor, Cornelius Spoor, Andries Reese, Jonathan Darby, Francis Balville, Ebenezer Paine, John Van Gelder, Joseph Van Gelder, and Jacob Kneght, together with a great number of others, in the whole about one hundred & three ยท persons, Came in a riotous manner into the Mannor of Livingston, and proceeded so far, as his Iron Works at Aneram at about fourteen miles distance from Hudson's River, and there took, and carried away by force from the Works, James Elliot the Deponent's Clerk at the said Iron Works, Neal Mc Arthur the keeper, Hugh McKoy the Filler, Jacob Shores and Samuel Harris the Founders, Charles Mc Arthur Coal Carter, Morris Whalen Forgeman, and Angus McDuffy Collier, all in service of this Deponent at his said Iron Works ; and also that the said Rioters Threaten to Take the rest of the Men employed at the said Iron Works in the service of this Deponent, and that there were then a Company of men raising to go and defend the rest of the said Work Men, in the service of this Deponent against the said Rioters- And this Deponent further says, that the place where William Reese, a Tenant of this Deponent lately Lived, and where he was killed, is at the distance of about seventeen miles from Hudson's River, and according to the best Information, at the distance of about Twelve miles from that part of Housatanack River, where it passes thro the Town of Sheffield and further saith not.
ROBE LIVINGSTON Junr.
Sworn this Sth day of May 1755.
before me. Wm Smith.
LT. GOV. DE LANCEY TO LT. GOV. PHIPS.
New York 12 May 1755
SIR-I received your letter of the 28th of April by the post on saturday's Evening, wherein you mention the information you had received of a barbarons murder committed on the Borders of the town of Sheffield on the body of one William Race. The truth of the Case is this as I have been informed : One Noble
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PAPERS RELATING TO THE
a tenant of MY Renslaers within this Province with several other Rioters took the sheriff of the City & County of Albany in the Execution of his office within his Bayliwick & carried him a prisoner into the Massachusetts Bay, where he was obliged to give Bail for his release. upon affidavits made of this riotous disorder, I issued out a Proclamation with the advice of his Majesty's Council of this Province to apprehend the said Noble & those who assisted him in taking & carrying away the High Sheriff upon which the under sheriff went into the Mannor of Livingston to apprehend William Race or Rees, who snapping his gun at one Matthew Furlong was immediately shot by the said Matthew, not within the Government of the Massachusetts Bay, but within this at 17 miles distance from Hudsons River ; the unhappy deceased was as Mr Livingston informs, his tenant, his Fathers & Grandfathers. Furlong surrendered himself to a Justice of the peace, I have ordered it should abide the law & take his trial next June & have acquainted Govr Shirley that I will advise him of the Precise time when the Court is to be held that McArthur or any other person who can give testimony touching this affair may be heard on the trial & justice be impartially administred. I shall do all in my power to restrain the inhabitants of this Government from Acts of Violence, but still I must protect them against the Aets of Violence & injustice by riotous persons under Pretence of the jurisdiction of Mass's Bay in the ancient settlements of this Province I have already sent the opinion of his Majesty's Council to Govr Shirley on the methods proposed for putting an end to the disturbances on the Borders at this Critical juncture & shall gladly come into any reasonable method for that purpose I have seen the procla- mation you issued & shall only observe that it appears by Mr Liv- ingston's affidavit that the place were Race unhappily was killed is within this Province & cannot by any pretence, as I conceive, be within Massts Bay. I suppose it was under color of your Proclamation that several Rioters entered the Manor of Livingston and carried away from Aneram a place lying west of Connecticut, several workmen from his Iron Works who were employed in making Carriage Wheels & casting shot for the use the Government, I hope they will be released immediately that
795
MANOR OF LIVINGSTON.
the publick service be not retarded. The disturbances upon the Borders between his Majesty's subjects have given me a great deal of trouble & concern since the administration devolved on me & no man is more desirous than I am that an amicable end may be put to them that the thoughts of all his Majesty's subjects on the continent may be wholly employed against the Common Enemy. I am with great Esteem
To Lt Govr Phipps
Sir
GOV. SHIRLEY TO LT GOV. DE LANCEY.
Boston May 21. 1755.
SIR,
I inclose Your Honour Copies of the Advice of his Majesty's Council for this Province given me on the 17th and 19th instant upon the several matters contain'd in Your letter to me of the 8th instant inclosing Mr Livingstons Complt and the Report & advice of his Majesty's Council for your Province dated of this month ; the proposal of the Massachusetts Council for settling the line in dispute between the two provinces is the same with that, weh the whole assembly determin'd upon in their late Sessions, and I hope it will be approv'd of by Your Honour's Governmt as it seems the shortest, most amicable and effectual method for settling this unhappy controversy now depending between the two provinces, For my own part i think it an unexceptionable one, But that it would have been more perfect with this addition vizt " such line to be the settled line of " Jurisdiction between the two Governmts until his Majesty's " Determination in Council upon it shall be known.
Upon my acquainting the Sheriff of Albany with the Order, I should send to the Justices of the Court of Sessions at Springfield, to continue all proceedings upon his Recognizance and those of the others belonging to New York Goverum', wch were bound. over to that court on acct of the late Riots committed on the Borders, to the next court, he let me know, he was Apprehensive
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PAPERS RELATING TO THE
that the persons who were bound for his and their appearance at the present court, would not consent to stand bound for it at the next; whereupon I wrote to the Justices to find some persons at Springfield, if they could, who would be Bail for their Appear- ance at the next court ; But to prevent any disappointmt in the matter, and put things upon as amicable foot as I could, I conven'd the Council again, and upon my laying the matter before them a second time, they gave me the advice wch is contain'd in the inclos'd Copy of the minute of Council dated the 19th instant, and I have accordingly given orders for the Attorney General to enter a noli prosequi in the case of those who are bound over by Recognizance ; and for the discharge of M. Livingston's workmen upon the conditions and in the manner advis'd to by the Council, and Your Honour may depend upon it that nothing in my power shall be wanting to restore the Borderers to that natural State of Tranquility and Friendship which ought to Subsist between the two Governmts in this, and every other respect.
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