USA > New York > The documentary history of the state of New York, Vol. III pt 2 > Part 18
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A PROCLAMATION.
Whereas it appears that certain persons residing in or near the Eastern Borders of this Province, have entered into a Combination to dispossess Robert Livingston Junior Esqr Proprietor of the Manor of Livingston, within this Province, and the Tenants holding under him, of the Lands Comprized within the said Manor, under pretence of Title from the Government of the Massachusets Bay, as also of an Indian Purchase lately made by the said Persons, altho' tis most notorious that the said Manor hath, till very lately, been peaceably held and enjoyed by the said Robert Livingston and his Ancestors, for Seventy Years last past, Five years before the Charter of 1691, to the Government of the Massachusets Bay, upon which only 'tis conceived the said Government can legally found their Claim. Notwithstanding which clear and manifest Right on the part of this Government, the said persons not content with their former Intrusions on his Majesty's Lands within the same, first began to carry their designs into Execution by endeavouring to Corrupt and turn Mr Livingston's own Tenants against him, in which they so far succeeded that several Persons who till within a few years held Lands as Tenants under and paid their Rents to him now keep Possession of the Lands in defiance of, and set up a pretended Right against him, under the Government of the Massachuset's Bay, and the aforementioned Indian purchase : By which illegal proceedings, supported with Force, the Course of Justice hath been obstructed, the Lives of several of his Majesty's Subjects
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lost, and private property infringed and greatly injured. And Whereas thirty one of such Evil minded persons, in order to prosecute their unjust designs, on the Seventh day of May last, Armed and Riotously assembled themselves at Tackhanick, at the House of Jonathan Darbie, which stands at the distance of not more than Eighteen Miles from Hudson's River, among whom were the said Jonathan Darbie, also Johannes Reese Hendrick Brusie, Joseph Van Gelder, and his Brother said to be Andries Van Gelder, Samuel Taylor, Ebenezer Taylor, and Andries Jo Reese, and being so Riotously assembled, were Commanded to disperse by the Deputy Sherif of the County, in the presence of one of his Majesty's Justices of the Peace, two Constables, and other persons, who came thither with the said Robert Livingston, to suppress the Riot and disperse the Rioters, four only of whom went off, the others shutting themselves up in the said Darby's House, in which there were Loop holes, Fired through the same, and before they dispersed, several were wounded on both sides , one of whom died in about an hour thereafter, and another some time after of the wounds they then Received ; In Order therefore to put a stop, as much as may be, to proceedings, the consequences whereof have already been Fatal to some, and which if not timely prevented may still be productive of the worst Evils to others ; and to Establish and keep up peace, and a good understanding among the Borderers, til this unhappy Controversy shall be settled in a legal Course.
I have thought fit with the advice of his Majesty's Council to issue this Proclamation Hereby in his Majesty's Name strictly enjoining all his Majesty's good subjects in this province, to forbear and refrain from such violent and unjust proceedings as every instance of that nature will be punished with the utmost rigour of the Law. And that the offenders before named may be brought to Justice, the Sherifs of the Counties of Albany and Dutches and all other officers therein, are hereby Commanded and required to apprehend the said Jonathan Darbie Johannes Reese, Hendrick Bruise, Joseph Van Gelder, Samuel Taylor, Ebenezer Taylor, and Andries Js Reese, and all and every of their Associates who shall appear to have been aiding or abetting the said offenders in the Riot aforesaid : And them and every of
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MANOR OF LIVINGSTON.
them to keep, or cause to be committed, in safe custody in the County Goal, until delivered by due course of Law. And in like manner to apprehend and keep in safe Custody, all and every other person and Persons who shall hereafter be Guilty of such Riotous and illegal practices. And all his Majesty's Subjects in the said Counties of Albany and Dutchess, are to give due Assistance to the said Sherifs within their respective Counties, who are hereby 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 Eighth day of June 1757. in the thirtieth 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 Honour's
Command James D. Lancey Gw Banyer D Secry.
GOD SAVE THE KING
SECY BANYAR TO MR LIVINGSTON.
New York 17th June 1757.
SIR
I send you Inclosed Eighteen printed Copies of the Lieutenant Governor's Proclamation for apprehending several Persons by Name, and others who shall appear to have been acting or assisting in the Riot on the 7th day of May last in your Manor ; I thought it best in this Case, as was done in the Proclamation formerly issued on a like occasion, to send the whole number of Copies to you, that when you have concerted the proper Measures for apprehending the offenders, you may send or give to the Sherifs of Albany and Dutches, each as many Copies as you think will be necessary for them to have, and thus prevent"
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the Offenders gaining Notice of the Government's Intention before they are taken. I am
P. S. The Proclamation will not be Sir inserted in the News-Papers till your most obedt
Monday the 27 Inst. at soonest humble Servant
Robert Livingston Jun' Esqr G B-
Letter from Prisoners in Albany Gaol to the Lt Governor. Albany Octr 7th 1758.
MAY IT PLEASE YOUR HONOR
We humbly beg leave to Acquaint your Honor that we were Confined here about Eighteen Months ago on Account of a Riot said to be Committed on the Mannor of Livingston On account of which we were Indicted, soon after our Committment, Since which no proceedings have been had against us. About four months ago we presented a Petition to the Honrble Judges of the Supreme Court Setting forth the Lenth of our Confinment without any proceedings had agst us on the Indictment found, & Our Earnest desire of having long wished for a Legal Trial, or to be Admitted to Bail or Otherways Relieved as their Honors should think fitt; We also presented that our poor unhappy Familys were totally ruined We farther represented that Mr Livingston was desirous we should be Released if a Certain Inhabitant of this Province Confined in New England was Released. To which Petition the Judges sent us Word that if the person belonging to this Province Confined in New England was Released, they would Admitt us also to be Enlarged. We therefore most humbly beg leave to assure Your Honor that person is now Released, and therefore Most Earnestly beseetch your Honor to Acquaint the Judges thereof, and give Directions for our Enlargement from our long & tedious Confinment, we being willing to give Bail to Stand Trial One for the Other, or such others as we can possibly procure, We pray your Honors Assistance & are
Your very hble Servants NATHANEL BOBINSON RICHARD TREAT JABESH HAMEEN
The Honrble James DeLancey Esqr Governor &c
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MANOR OF LIVINGSTON.
ROBT LIVINGSTON TO P. LIVINGSTON & JAMES DUANE.
Mannor Livingston ye 22th March 1762.
DEAR SONS
Last night I Received the Inclosed Letter from my Clarke at the Ironworks, Containing an Information of one Coenrat Clyn a Tenant of mine liveing at Tachkanick who was the other day, at my request, at the meeting of the Rioters in the mountain back of Tachkanick, by which it appears that this old bandity intend to give me new trouble, and as they now find that no further assistance can be had for them from the Neighbouring Government they have resolved to send their Chief Robert Miller an inhabitant of Mr Philips's mannor as a solicitor to our Governour in hopes that he will grant them my Lands, under pretens of Vacant Lands which they have purchased of some Stragling Indians, but as his honour has been fully Informed of their Intentions by you, I am fully perswaded that he will give this Solicitor a Sevear repremend for his presumption, but then as he is one of the Chief ring Leaders at prsent. I am apprehensive he will not truly inform the mob, at his return how he was received, and dismissed by his HIonour, wherefore that the Evil intentions of the whole might be fully prevented, it will be necessary I think that his Honour be desired to Issue out a Proclamation prohibiting this mob, or any others to, trouble me in this manner, in the Mannor, under penelty of fine & Commitment, and a doz : of these Proclamations to be sent me to be put up in proper places in the Mannor, that the rest of the Rioters might see, that instead of being countinanced, they and their proceedings are abhorred by our Government which believe would have the good Effect of dispersing them & leaveing me in quiet wherefore give my Compliments to his Honour our Governour & beg him to grant me Such a proclamation the Expence of the Printer &c I will gladly pay.
I have also inclosed a Letter of Josiah Loomis one of the heads or Chief of these Rioters, to one of my Tenants at Tachkanick warning him of the Farm &a as you'll See by the Letter, & by which it plainly appears these bandity intend to come with a body in the Spring to turn of my Tenants & Settle themselves
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provided the Government does not speadily interpose in my favour, This Loomis was formerly a Tenant of mine who was dispossesed by a Corse of Law and turnd out of possession by the Sherriff of the County, and afterwards Committed to Albany Goal for his riotes proceedings & now begins to act in the same manner again.
If you can suggest to his Hont any better or more Effectual method to prevent this mob's giving me any further trouble, or if his Hont can propose any thing more agreable to him and the Gentlemen of the Councill to Effect this much desired End, it will be very agreable to me, and lay me under obligations, as the post is just going must conclude & am
Your affectionate Father ROBE LIVINGSTON JunT.
Mr Peter Livingston & Mr James Deane
These Rioters have given me no trouble Since the Proclamation Issued in 1757 & now they Intend to make their Last bold push, which I think will be prevented by another Proclamation comeing out in time. R L.
ENCLOSURE IN THE PRECEDING.
Andram 20th March 1762.
HONEd SIR
Last night Coenrat Clyn came to my house from Taghkanick and Desired me to Acquaint you that Robert Miller was appointed by the Club as an Agent to go for them to New York in order to procure Title from the Governor for the Land at Taghkanick their farther Resolutions were to Every man make his Pitch and Settle this Spring it appears to me these Tibilent folks will Give you fresh Trouble and it may be worse than Ever if no method can be thought on to stop them in the first part of their Carreer if they were people of any Consideration there would be some hopes that the Late Proclamation would prevent their farther attempts but they are a Sett of fellows void of all thought but what may make the Settlement & Possesion of your Lands
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MANOR OF LIVINGSTON.
firm and Eassy to themselves which f hope may never take place M' Decker will come down to morrow by whome I send Mr Harris Bond for £13. 4 and 6| cash for 8 Sheermoulds he forgot to ask for when ye Bond was Given
I am Hond Sir Your Most Hum! Servt
JAMES ELLIOTT
ROBE LIVINGSTON ESQ"
PROCLAMATION TO ARREST RIOTERS.
A DIEU.
'CROI
By the Honourable CADWALLADER COLDEN, Esq ; His Majesty s Lieutenant Governor, and Commander in Chief of the Province of New-York, and the Territories depending thereon in America.
A PROCLAMATION.
WHEREAS it appearing that certain Persons residing on or near the Eastern Boundaries of this Province, had entered into a Combination to dispossess Robert Livingston, junior, Esq ; Proprietor of the Manor of Livingston, in the Colony of New- York, and the Tenants hokling under him, of the Lands comprised within the said Manor, nuder Pretence of Title from the Government of the Massachusetts-Bay; as also of an Indian Purchase then lately made by the said Persons, altho' it was most notorious that the said Manor had been peaceably held and
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enjoyed by the said Robert Livingston, and his Ancestors for Seventy Years past. And that by the illegal Proceedings of the said Persons, supported with Force, the Course of Justice had been obstructed, the Lives of several of his Majesty's Subjects lost, and private Property infringed and greatly injured: This Government did, on the 8th June, 1757, issue a Proclama- tion for the apprehending certain Persons therein named, who had been, and all others who thereafter should be guilty of such riotous and illegal Proceedings. AND WHEREAS the aforesaid evil- minded Persons, and others confederating with them, particularly Robert Miller, and Josiah Loomis, in Contempt of the said Proclamation, and in open Defiance of the Authority of this Government, have lately riotously assembled within the said Manor, and do now threaten to dispossess the Tenants of the said Robert Livingston, and to seat and maintain themselves therein by Force and Violence. IN ORDER THEREFORE to prevent the Accomplishment of such pernicious Designs, and to preserve the Publick Peace : I HAVE thought fit, with the Advice of His Majesty's Council, to issue this Proclamation, Hereby in His Majesty's Name strictly enjoining all Persons to forbear and desist from such violent and unjust Proceedings, on Pain of being punished with the ntmost Rigour of the Law. And hereby commanding the Sheriff's, and other Civil Officers within the Counties of . Ibany and Dutches, to apprehend and keep, or cause to be committed in safe Custody, all and every such Person or Persons, who shall or may unlawfully assemble together in the said Manor, or who shall by Force or Violence dispossess, or otherwise disturb or molest the Inhabitants therein, or contrary to Law possess themselves of any Part thereof. AND All His Majesty's Subjects, in the Counties aforesaid, are required to give due Assistance to the said Sheriff's within their respective Bailiwicks, who are hereby impowered and directed, if necessary, to raise the Posse or whole Power of the County, for the better and more effectual Execution of the Premises.
GIVEN under my Hand and Seal at Arms, at Fort-George, in the City of New-York, the Thirty-first Day of March 1762, in the Second Year of the Reign of our Sovereign Lord George
Canallader )/ 2
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MANOR OF LIVINGSTON.
the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth.
CADWALLADER COLDEN.
By His Honours Command, G" BANYAR, Dep. Secry.
GOD SAVE THE KING.
BIOGRAPHICAL SKETCH OF LT. GOV. COLDEN.
CADWALLADER COLDEN, Lt. Governor of the Province of New York, known in the scientific and literary world as a physician, botanist, astronomer and historian, was born on the 17th February, 1688, (N. S.) in Ireland where his mother then happened to be temporarily on a visit. 1 His father was the Rev. Alexander Colden, Minister of Dunsie in Scotland. He graduated at the University of Edinburgh in 1705, but being disinclined to the Church for which he was intended, he proceeded to London where he embraced the profession of Medicine. He immigrated to Philadelphia in 1710, " a mere scholar and stranger in the world." Ile returned, however, to London in 1715, where he formed an acquaintance with some of the most distinguished literary characters of the day, and in the course of the following year married Alice Christie, daughter of a Clergyman at Kelso, Scotland. The troubles prevailing at this time could not but indispose him to remain in his native land, and he came back to Philadelphia in which city he practised his profession for some time. In 1718, he visited New York, where he made the acquaintance of Governor Hunter, who. was so favourably impressed by his conversation and solid acquirements that he became his patron, and invited hlm to settle in his government, and appointed him Surveyor general of the Colony. In 1720, he procured a grant of two thousand acres of land, in what is now the town of Montgomery, Orange Co. to which was added shortly after, another of one thousand acres. Hle was called to his Majesty's provincial Council in 1722, by Gov. Burnet & in this position aided most efficiently in securing the Indian trade to New York. At this period the trade with the distant Indians was carried on through Canada which obtained its supplies from Great Britain thro' certain merchants at Albany. To exclude the French from this trade was a prominent part of Burnet's policy, and with that view ne obtained a law from the legislature prohibiting the circuitous trade under the severest penalties. Through the influence of London merchants and the intrigues of other interested parties this act was repealed in England. Considerable and prolonged discussion was the consequence; Dr. Colden took a prominent part in the controversy which, however, is interesting at this late day only from the fact that to it we owe the well known History of the Five Nations, " which was published in 1727, on occasion of a dispute between the government of New York & some merchants." After Mr. Burnet's administration, Mr. Colden removed to his country seat now known by the name of Coldenhans, and there devoted all the leisure he could command from his official duties to his favorite studies, and in learned correspondence with the philosophers of the day, both in Europe and America. It was in the course of this correspondence that he first suggested the plan of the American Philos. Society which was established at Philadelphia on account of the central and convenient situation of that city. Yet thus early he excited much jealousy among his contemporaries and we find him embroiled with the other members of the Council during Cosby's, Clarke's and some succeeding administrations. On the death of Lt.
: Roger's list of Orange Co 23)
1
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PROCLAMATION FOR THE ARREST OF ROBT NOBLE.
By His Excellency Sir HENRY MOORE, Baronet, Captain General and Governor in Chief in and over the Province of New York, and the Territories depending thercon in America, Chancellor, and Vice Ad- miral of the same.
A PROCLAMATION.
WHEREAS it appears by Proof on Oath, that Harmanus Schuyler, Esq ; High Sheriff of the City and County of Albany, did on the Twenty-sixth Day of June, now last past, proceed with the Posse of the said County, towards a House at Claverack in the County aforesaid, then in Possession of Robert Noble, Yeoman. in order to apprehend and take, as well the said Robert as divers other riotous and disorderly Persons named in a certain Warrant directed to the said Sheriff, under the Hands and Seals Gov. DeLancey in 1700, Mr. Colden being the senior member of the Council was called to administer the government, and in August 1761, was appointed Lt. Governor of the province, which office he filled until Nov. 1765, with the exception of about fifteen months that General Monckton was at the head of affairs. The government again devolved on him in 1769, but he was superseded the following year by Lord Dunmore. He was called, for the fourth and last time, in 1771 to the Executive Chair which he occupied until the 25th June 1775, but at this period his rule was not much more than nominal. One of his closing duties was to announce, that " Congress had appointed GEORGE WASHINGTON, Commander in Chief of the American Army." He now retired to his country house at Spring-hill, near Flushing L. I., after encountering with the greatest Orminess all the odium attendant on the mad efforts of the British Ministry to tax through the Stamp and Tea acts, the people of the Colonies without their consent, and died on the 21 September 1776, in the SSth year of his age, having . survived his wife, 14 years. Like all men in high station his administration has been rigidly canvassed by his contemporaries. The bitterness of the political strifes of those ilays having now passed away, posterity will not fail to accord justice to the character and memory of a man to whom this Country is most deeply indebted for much of its seience and for very many of its most important institutions, and of whom the State of New-York may well be proud. "For the great variety and extent of his learning, his unwearied research, his talents and the public sphere which he filled, CADWALLADEN COLDEN may justly be placed in a high rank among the distinguished men of his time " and when i:
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MANOR OF LIVINGSTON.
of several of His Majesty's Justices of the Peace of the said City and County : That on the Approach of the said Sheriff and the Posse, they found the said Robert, with a Party of about Thirty Men, all armed with Clubs, within a Fence across the Lane leading to, and at a small Distance from the House of the said Robert :---- That the said Robert refused, on the Demand of the Sheriff, cither to take down the Fence, or to surrender himself ;---- and that on the Sheriff's removing one of the Rails, and getting over, he was immediately assaulted by some of the Party with Clubs ; that while defending himself, he heard the Report of a Small-Arm or Pistol, but knew not on which Side it was fired ;---- that thereupon a firing by both Parties instantly ensued, and Cornelius Ten Broeck, one of the Posse, and Tom Whitney, one of the Rioters, were both Shot, and died on the Spot : And that the Rioters then took shelter in the said Noble's House, and by firing from thence, wounded seven other Persons of the Sheriff's Party, one of them very dangerously :
I HAVE THEREFORE THOUGHT FIT, with the Advice of his Majesty's Council, to issue this Proclamation, hereby strictly enjoining and commanding all Magistrates, Justices of the Peace, and other Civil Officers whatsoever within this Province, to
is considered how large a portion of his life was spent in the labours, or the routine of public office, and that however great might have been his original stock of learning; he had in this country no reading public to excite him by their applauses, and few literary friends to assist or to stimulate his enquiries, his zeal and success in his scientific pursuits will appear (remarks Mr. Verplanck,) deserving of the highest admiration. A mind thus powerful and active, concludes the same elegant writer, could not have failed to produce great effect on the character of that society in which he moved; and we doubtless now enjoy many beneficial, although remote, effects of his labours without being always able to trace them to their true source.
The following is a list of Dr. Culden's Works and MSS :-
Observations on the trade of New York ;
Account of the Climate of New York [These papers were communicated in 1723 to Gov Burnet, and by him transmitted to the government in England. The latter paper is republished in the Amer, Med. & Phil. Register Vol. I. The other is in the Sec. of States Off. Albany.]
Memorial concerning the Fur Trade of the province of New York presented to Gov. Burnet 1721. [This paper contains the earliest account of the water communication between the Hudson River & the Western Lakes. It is in Seey's Off.]
History of the Five Nations depending on the Province of New York; New York; Bradford. 1727. [London 1730, Watts] a Od Ed. was published in 1747 [Watts, Bibliothec. Brit, says incorrectly that there was a 2d Edit.
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apprehend, or cause to be apprehended, as well the said Robert Noble, as all and every other Person or Persons to assemble with him, and any Ways acting, aiding, abetting, or assisting in the Murder aforesaid ; and them, and every of them, to secure and commit to the Goal of the City and County of Albany, there to remain until delivered by due Course of Law. And I do hereby promise a Reward of ONE HUNDRED POUNDS, to be paid to the Person or Persons who shall apprehend and secure the said Robert Noble, so that he may be proceeded against as the Law directs.
GIVEN under my Hand, and Seal at Arms, at Fort-George, in the City of New-York, the Third Day of July, One Thousand Seven Hundred and Sixty-six, in the Sixth year of the Reign of our Sovereign Lord GEORGE the Third, by the Grace of GOD, of Great-Britain, France, and Ireland, King, Defender of the Faith, and so forth.
By his Excellency's Command,
Gw. BANYAR, D. Secry.
GOD SAVE THE KING.
published in Lond. in 1701; & the Biog. Univ. 1745] under the title of Hist : of the Five Nations of Canada, with an account of several Nations of Indians in North & South America. The dedication was changed in this Edition from Gov. Burnet to Genl Oglethorpe, by a trick of Osborne the printer who also took the liberty of making additions to the work, without the knowledge of the Author. Other Editions appeared in 1750 and 1755. They all ought to have a Map. " This work is still of the highest authority in every thing that relates to our North American Indian history and antiquities." VERPLANCK in Monthly Recorder, 1813.
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