USA > New York > The documentary history of the state of New York, Vol. III pt 2 > Part 17
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mowing, whom I ordered immediately to go home telling them that I was able to mowe my owne Crop, and at the same time thanking them for the trouble they had already taken in mowing what they had done, upon which they all whent Quietly home ; and then Jan Halenbeck sent John TenEyck to me in the field to know whether I would be pleased to agree with him for the Crop as it stood, upon which as it would save Expences & trouble I asked him 300sk. of Clean wheat, which he thought too much, and offered me 200, to be delivered at Ancram on the 20 day of January, which I agreed to, and he and his Son Wm became bound for the delivery of it which they accordingly did by the time, and the Said Jan Halenbeck did then also in the presence of at least 20 Evidences deliver up the farm to me, on Condition that he might tarry in the house till the first day of May following, which I agreed to, and then I sent two of my hands with 2 ploughs and 12 horses to plough the land for Summer fellow, and in the fall had it sowed with wheat, and the fences well mended & sent my people from time to time to look after it and on the first day of May last, I whent to take possession of the house according to agreement when I came there Jan & his wife with some of the Children where gone out of my manner to a place he had bought near Sheffield, and some of the household goods removed, but he had left two daughters & a wench in the house the Eldest of the daughters fained herself Sick, I had her carefully carryed in my waggon on a feather'd bed, to one of the neighbours where she desired to be, the other & the wench I turned away & put the remaining part of the household Goods on the outside of the fence from whence they where fetched by Jan's people, and I left one of my High dutch Servants in the house mi order to take care of the wheat & to make a gardin & whent home, some very few days after there came a white man & an Indian who took the Servant & Carryed him to Sheffield where I am told he is Listed to go on the present Expedition.
And while I was at New York on the 6 of may last there came out from Sheffield & the mountains &a 103 men and 5 Indians to my Iron works & took thence Several of my workmen & Carryed them to Springfield Goal where they are still confined, the want of which, was the reason of my Furnace blowing out
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in a little time after; and at my return from New York which was on the 15 of may I was informed by my people, that Jan Halenbecks Cattle & horses where again on the farm & that they distroyed the wheat, I had Caused to be sowed there; on the next day I whent thither to se it; and found the fences in a very bad & brooken Condition, and was told there by my Trusty Tenants, the same Evening that the New England people where runing Lines to lay out a Township in the North part of my Mannor, the next morning I sent two men to se if they could find them, who came back in the afternoon & brought me word that they where gone out of my Mannor into Collo Renselaers by the marked trees they had seen, but that they had not seen the Company; Then the monday following as it was very necessary my wheat should be taken care of, I orderd M. Timothy Connor to go with about 40 or 50 men to Tachkanick & go in the house where Jan Halenbeck had lived in, that I would follow him with provisions, in order to make up the fences to secure the wheat & Grass, he accordingly whent & I met him there the same afternoon he carryed with him by my order the three Guns mentioned in the deposition and Each man a small arm, or Sword, or Cutlass in order to defend me and the men from a parcell of bandity, that live back of me in Tachkanick mountains to the Eastward, and from the people of Sheffield who where then in the woods in Collo Renselaers & my mannor, I tarryed with my men till Thursday & orderd my kitchin the Loghouse mentioned in the deposition to be pulled down to make up the fences & saw that all the fences were put up in good order, and a piece of In Corn planted, and then whent home, and orderd all my men to come away the next day, which they did; This Sir is the whole truth of the matter, and the Caution I took of arming my self in the manner I did, ' I thought so very necessary as I had but very shortly suffered Extreamly in the loss of my workmen that I believe no Impersial man will blame for ; and had a body of whites or Indians come to Interrupt me in my business, I doubt not but we should have made use of our arms, if this be acting (as they are pleased to call it) by violence on lands of my owne settled by my Grandfather 50 years agoe, by what appelation must we call their coming into our Settlements armed & stealing
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away our. people when ever they have any opportunity, & sending bodyes of men out armed to run lines on our Lands, and to this day sending for my Tenants to Sheffield to take Quit claims for my Lands, they live on ; from that Government, with additions of 3. & 400 acres to each farm, and that for the Valuable Consideration of ten Shillings, this I think every honest man must & will look on to be acts of violance, but not self defence, as in my Case, The above account may it Please your Honour I presume will sufficiently justify me in doing what I did.
I think it necessary further to Inform your Honour that the men Confined in Albany Goal which Governour Sherley demands in his Letter to be delivered up, & which he Calls men of that Province, are Tenants to Collo Renselaer, all but one, who was a tenant of mine & they all have been our tenants for some years Consiquently no Inhabitants of the Massachusets Bay so that Governour Sherlyes information with respect to them must be wrong these men I hear are sett at Liberty & are now home, but my poor fellows whoes familyes are in a starving Condition still in Confinement, which has put it out of my power to furnish Messrs Banker & Dire hitherto with the Carrage wheels and Mr William Alexander with the Quantity of Shot, I engaged to deliver him for the Expidition to Onjagera & Crown point, and yett notwithstanding all this Ill treatment, I have received, as I had the Expedition very much at heart I orderd my Furnace as soon as I came from New York to be Immediately repaired at a great Expence of upwards of £400 that I might still be able to furnish the Shott &a as Soon as my workmen returned that the Expeditions might not be retarded on that accout, and I have now had her in good order since monday Last, but no workmen yett, so that I cannot proceed in the Casting of them
I must therefore Intreat your Honour to use your best Endeavours with the Government of the Massachusets Bay to gitt these men Set a Liberty & sent home ; and that a Line of peace may be speadily settled that we may once more live in peace & good Neighbourhood, on our Borders and I shall take care that my people remains Quiet, as long as my unruly Tenants who I
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turned out of my mannor Stay away, and the people of Sheffield leave me at rest ; I remain very Respectfully
May it Please Your Honour
Your Honours most Obediant & most Humble Sert
ROBT LIVINGSTON Junr.
ROBT VANDUSEN TO ROBT LIVINGSTON.
Ancram Oct. the 29th 1755
HONOURED SIR
This Eanening there Caime Eleauen or twelve Strang Men from New England and haue Dispossed my son Johonas and turnd him and family out dores and Every thing that he hass they took and put them out side of the fence and will not alow them to be put in again and they say they will kill one of the Creaters to morrow morning for Damage or traspass these men I nor my sons Do not know one of them So Sir no better News from Your most Humble Seruant.
ROBT VENDU SEN.
PETER LIVINGSTON TO HIS FATHER.
HON SIR
Manor Livingston 31th October 1755.
Yester-day I went with Mr Decker our overseer according to your Order to Tackkaneck to the House of John Van Deusen & their I found him turned out of his house with all his family and Benjamin Franckland & his Son with 6 men more in it, when I came to the door with Decker & Robert Van Deusen old Frankland ordered the men to kock their Guns, I told them that I was not come to fight with them but to talk with them, & ask them By what order or Authority they turned the Man out of his house they say'd by orders of the Court of Boston, & that they would not go out of the house till they where forced out by the Barrels of Musquets or till Governour Shirley sends an order for
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them to go. They likewise told me that the Gen' that signed their orders was Collo Partridge, & Coll' Dwight. &c. I remain Yours Dutifull Son PETER LIVINGSTON.
Direck Spoor told me that the Cheaf man was Benjamin Frankland, he likewise told me that 50 familese was coming to settle their
MR LIVINGSTON TO GOV. HARDY.
Albany ye 9 Novemb. 1756 MAY IT PLEASE YOUR EXCELLENCY
This day Mrs Livingston sent me an Express to acquaint me, that there was a Company of New England men of the Massa- chusets Bay, to the number of 70 or 75, come last week to Tachkanick in my mannor, a place by Estamation about It miles East of Hudsons River, that they kep a Garrison there at the House of Michial Halenbeck one of my Tenants on Leese for Life and in the House of Johannis Van Deusen another of my Tenants, who they had Dispossesed and turned out with all his family the week before That they were to begin on fryday last, to run lines to lay out a Township & lay it into Lotts & settle it as fast as they could
That John Mills my Carpenter with two other men, were busye repairing my Dam at the mouth of a pond, to Dam the water to Supply my Iron works, which lays about 12 miles from the River, when they had a massage brought them by one of my Tenants from Tachkanick to go home & not work any more there, for that the New England people would come the next day & take them away & break down the Dam, and that one Wittney the head of the Gan, told John Doffine another of my Tenants, that he would take my Carpenter John Mills & Carry him away, and that Josiah Loomis who was at the Request of the Government of the Massachusets Bay relesed out of Albany Goal in August last was now among the Gan at Tachkanick and I fear they have by this time turned out of possession Several more of my Quiet Tenants and Committed many other outrages to my very great Damage
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Wherefore I must, as being a Subject of this Province, beg your Excellencyes Protection, and assistance in this Grand affair, which not only treatens me, and family with utter ruin, but many poor familyes settled under my Grand Father & father ; and that your Excellency will be pleased to take this matter into your Consideration, while his Excellency Governour Sherly is now in this Town, that you may fall on some Effectuall Method or other, to put a Speady Stop to those riotes Proceedings, and that these people of that Province now on my Estate without my leave may be forthwith orderd to leave it, and not come again to disturb me or any of my Tenants
and that a Line of peace may be speadily Settled until his Majestyes pleasure be know, that so peace may be again restor'd to His Subjects & we live in good Neighbourhood on the Borders, and your Excellency will Infinitely oblige
Your Excelleneyes most Obedient and most Humble Serv(
ROBT LIVINGSTON JUDT
THE SAME TO THE SAME.
Mannor Livingston ye 23 Novemb. 1755. MAY IT PLEASE YOUR EXCELLENCY
Just now I received your Excellency's favours of the 20 Current, with inclosed Copy of a letter from the Commissioners of the Massachusets Bay now at Albany to your Excellency complaining of the detainer of one Joseph Paine, in Albany goal at my Sute ; in which they are pleased to say, that this man was arrested for a supposed Traspass, on Lands claimed by that Government, altho' an hireling and at work in the field of another man ; In which I think these Gentlemen are misinform'd the truth is, that this Pain was a wood entter for my Deceased father at his Ironworks above 12 years agoe, & begd of him to lett him have a small farm near the works for him & his old woman to live on which after some time was granted, & where he lived unmolested untill 1753. when he whent in defyance of me with his Son in Law into my woods which had been in the
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possession of my Grandfather my father & self since the year 1686 & for which I have regular pattents under the Great Scal of this Province ready to be produced and there Girdled, & cutt down several thousands of trees fit to make Coal for my Ironworks, to my very great damage, & told the men I sent to forbid him, that the Lands were his & he would go on & distroy the timber as he pleased & Robert Livingston kiss his a-s. so that it appears by this Impertinent answer he was principle & not an hireling and accordingly was arrested & for want of sufficient Bail clap'd in Goal & some time after I obtained a judgment of Court against him for said damage agreable to the laws of this Province.
Nor may it please your Excellency was this Pain taken in such a violent manner by Patrick Migee, as Robert Van Densen & his son Johannis two Tenants of mine were out of their house by a Deputy Sherriff, of Massachusets assisted by Josiah Loomis & several others, who tyed them on horses, & carryed away & Committed them to Springfield Goal where I was obliged to gitt Surityes to prevent their Laying in a Goal, and some time after these 2 men were ajudged in the Court of Springfield to pay Josiah Loomis a Tenant of mine for supposed Traspass 30, odd pounds . Lawfull money and £14- of said money for Court charges, all which has been paid by me to the utmost farthing, as may appear by Receipts.
With Respect to an agreement made by his Excellency Governour Shirley & his Honour Lient Governour Delancy concerning the Release of prisoners on both sides, as I never Saw it, cant say on what Conditions it was ; But this I know & have reason to Remember it by its Consiquences, that a party of men pretending to belong to the Massachusets Bay Government did come into my Mannor in May Last to the number of 103, & took by force & violence from my Iron works all my principall workmen, one only Excepted, & Carryed them through Connectient Government into Springfield Goal & thereat unjustly detained them, for along time, by means of which my Furnace blew ont, & Cost me upwards of £100, to putt her in blast again, & the Charge of my men in Goal above £50 altho' taken west of Connecticut, all which & much greater Sums I am to this day
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out of pocket, which is Extreamly hard on me, and I believe your Excellency will readily agree with me, that its but just & reasonable I should be paid by those who are the aughtor of thesc troubles.
And now may it please your Excellency, there is still a party of Bandity at Tachkanick in my Mannor to whome his Excellency General Shirley wrote a kind Letter of advice the other day which your Excellency had the reading off, who deny that Governour Shirley is Governour of any Province, & call him a Collo of a Ridgment at oswego, & refuse to leave my Mannor & go out of the House of my Tenant Van Densen who they disposses by violence, as your Excellency will se by the Inelosed affidavits ; and Say that they have bought the Lands of the Massachusets Government and will hold them by Virtue of that purchase, now Sir if these people realy have no Title from that Government nor the other Foleks formerly my Tenants who I had turned away & are Returned again into these old farms Contrary to my orders, & have sent me word that they will defend themselves by their arms, I shall think the Massachusetts Government greatly Injured by them and that they are Vagabonds ;
But for me to order the Sheriff of Albany County to sett Pain at Liberty, without having satisfaction made me, and without every mans leaving my Mannor who Clame or pretend to claim a right in it by Virtue of Grants from or under the Massachusets Bay & now live on my Lands against my will I hope your Excellency will not advise me.
But may it please your Excellency, as I am sincerely disposed to oblige your Excellency, and to have a speady End put to all Riotes & disorders, to live in peace & Quietness with all my neighbours, Especially on the Borders; I will consent that the Sheriff shall set Joseph Pain at Liberty, on the Conditions following to wit, That he pay the Charge of the Sute & give me his Bond for the amount of the judgment, & that he removes 100 miles from my Mannor & never to trouble me more directly nor indirectly on penelty of £50 this Oliver Partridge Esq' offerd me, Pain should do, Last year, in the house Mr Cornelis Cuyler at Albany ; and that his Excellency General Shirley, Be desired by the Commissioners to write one Letter more joyntly
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with them or that the Gentlemen Commissioners alone as they shall think fitt write to all those foleks now on my lands without my leave, who hold or pretend to hold under the Massachusets Government to remove out of my Mannor Immediately, that they shall not be Countinanced nor Supported by their Government in those possessions & Riots ; all which I hope your Excellency will think but reasonable should be previously done on their parts ; and then your Excellency may assure the Gentlemen Commissioners that as soon as the Rioters & rebellious Tenants are gone out of my Mannor Pain shall be set at liberty.
It's very agreable to me to find that these Gentlemen Commission- ers, and I hope the Massachusets Bay Government are desirous of having a line of settlement made between the two Provinces I doubt not but your Excellency will be readily disposed to joyn them in it, that peace & good neighbourhood may again be restored to the borders, which I sincerely hope may be speadily ; and that your Excelleney will be pleased by some means or other to gitt all those Rioters now on my lands without my leave, to be dispossesed & turned out, and on Refuzal to be Clapt in Goal, as I am daily in danger of my Life by the means of them I shall be glad to se your Excellency & Company at my house & Remain with due Difference.
To Sir Charles Hardy Knt Your Excellency's Governour & Commander in Chief Most obediant and most of the Province of New York and Humble Serve
the Territories thereto belonging &c
ROBT LIVINGSTON Junr.
AFFIDAVITS OF PETER LIVINGSTON AND OTHERS.
City & County - On the 21th day of November 1755 The of Albany. ss. Deponents Mr Peter Livingston Direk Swart Timothy Connor Jacob Decker and James Elliott appeared before me Dirck : W: Ten Broeck Esqr one of his Majesties Justices of the Peace for the City & County of Albany and Made Oath on the Holy Evingelist of Almighty God That they on the 20th day of this Instant went to Taghkanick to the House lately in the Possesion of Johannis Van Deusen son of Robert Van Deusen VOL. III. 52
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with an order from His Excelency Govr Shirley To Benjamin Franklin who lately disposesd the said Johannis Van Deusen and Turnd him and his family out of doors and when the deponants came to the door there appearred four men at the door with their Guns cock'd in their hands they told the deponants to Stand off and presented their Guns the deponants told them they were come Peaceable and meant them no harm and asked for Mr Franklin their head ; his Son Benjamin Franklin said his name was Franklin the Deponants asked him whether his Father was gone he said to Sheffield and that he kept the Possesion till his Father Came home then Timothy Connor told him that he had an order from His Excellency Govr Shirly To his Father and that as he had said he kept the Possesion in his Fathers absence he would Deliver it to him which he did and young Franklin Read it. Timothy Comor asked him if he would accept of that order and Surrender np the Possesion to Johannis Van Densen he said he would not till his father came home then he might do as he pleased but he was sure he would not Deliver it up. The Deponants Farther Deposeth that Time Connor Reasoned with him and told them their Danger and that he could See by the Order that they could not Expect any countenance from Govr Shirley or the Boston Court he made Answer that they had Bought the Lands and Paid for them from the Committee from the Massachusetts and that the Lands did not belong to Mr Livingston nor the Government of New-York he farther said that Governor Shirley was no Governor of the Massachusetts Bay but a Collonel in the Armey and that Spencer Phips was Governor now and that Governor Shirley had nothing to do in Boston while he was out of it so the Deponants left the house and about an hour after heard Several Guns fired at the house where Young Franklin was and after that Severall Huzzas and Farther the Deponent saith not.
Sworn Before Me DIRCK W: TEN BROECK Justice.
Whereas Andries Janse Reese Jonathan Darby Christopher Ands Brusie and Hendrick Brusie formerly Tenants of Robert Livingston Junr Esqr of the Manner of Livingston who were Dispossesd and Turud out by him in the Month of May last did
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;
Reenter and take Possesion of the Farms and Tenements of which they had been Turned out in the month of July last and Rebuilt & Repaired the Houses Tho Sundry times Forwarned and forbid to the Contrary.
That on the Twentyeth day of November 1755 The Deponants By order of Robert Livingston Jun" Esqr went to their respective habitations and Read to them a Coppy of His Excellency Govr Shirleys order to Franklin and in Mr Livingstons name Desired them to Resign up their possesions & move off, and this is their Respective answer
Andries Rees said after he had heard Govr Shirleys order Read that if I go out I must Die.
Jonathan Darby said he would go when he pleased and come when he pleased and desired the Deponants to do the Errand Right.
IIendrick Brusie said he would not go till he was killed and Christopher Brusie said that he would not go till he knew Better and farther the Deponants saith not.
This Twentyfirst day of Novr 1755 appeared before me Direk WV : Ten Broeck one of his Majesties Justices of the peace for the City & County of Albany Peter Livingston Direk Swart Timº Connor Jacob Deeker and James Elliot and made Oath on the Holy Evangelist of Almighty god To the Truth of the above warning and their Respective answers.
Sworn Before Me DIRCK W : TEN BROECK.
(Endorsed) 21st Novr 1755 Affidavit of Peter Livingston and others. 6 Deer 1755. Read in Council
ANOTHER RIOT & LOSS OF LIFE.
At a Council held at Fort George, in the City of New York on Saturday the fourteenth day of May 1757.
Present, ILis Excellency Sir CHARLES HARDY Knt Capt Gen! &c M. Kennedy M. Chamber Lt Gov. De Lancey Mr Smith.
ilis Excellency communicated a Letter from Robt Livingston Jun Esq Proprietor of the Manor of Livingston of the 10th Inst.
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and copies inclosed therein of Several Affidavits with the Copy of an Inquisition taken on the body of a Man Killed lately in a Riot in the Manor of Livingston representing the Circumstances of that Riot, that another man is since Dead of the Wounds he received That the Rioters threaten him in his Person and Estate, and requesting a Company of 50 men to be quartered at the Manor house to protect him his Family and Estate from the Rioters
The Council were of Opinion that the Facts are not sufficiently proved to Warrant the Issuing a Proclamation to Apprehend the Rioters and therefore that Mr Livingston should obtain Affidavits setting forth the Facts at large, the Place where the Riot happened, the Names of the Persons concerned in it, and the Distance of such Place from Hudson's River, that the Council may upon the Original Affidavits being laid before them, judge what it may be proper for their Government to do therein.
.,. See, Letter from Gov. Hardy to Sir Wm. Johnson, 16 May 1757 in reference to the above riot and loss of life. Doc. Ilist. II. 744.
In Council, 8 June 1757.
Present the Honble JAMES DE LANCEY EsqE Lieut Gov Mr Kennedy Mr Chambers Mr Smith
His Honour laid before the Council a Letter from Rob Livingston Junr Esq. of the 23d May last, inclosing sundry affidavits setting forth the Circumstances of a late Riot in the Manor of Livingston, whereby two persons lost their lives ; taken in pursuance of the Order of this Board on the 14th ult. which Letter and affidavits being read and the Council having Considered the same, advised his Honour to issue a Proclamation to Apprehend such of the rioters whose names are mentioned in the affidavits, and others who shall appear to have been aiding abetting or assisting the said persons therein, as also all others who shall hereafter be guilty of such Riotous and illegal practices and to commit them to Gaol to be proceeded against according to Law.
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MANOR CF LIVINGSTON.
PROCLAMATION TO ARREST CERTAIN RIOTERS ON LIVINGSTON MANOR.
By the Honoble JAMES DE LANCEY Esq' 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.
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