USA > New York > The documentary history of the state of New York, Vol. III pt 2 > Part 3
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Extract of a Report of ye late Earl of Bellomont Gour. of this Province relating to Mr. Robert Livingston's Case. dated New- York June 28 1698.
MY LORDS
His Majesty in his Instructions having Referrd ye Consideration of the Case of Rob' Livingston of New-York to my self and Councill to inquire and Examine into the Justice of his Demands for Several Sums of mony pretended to be advanced by him for ye Service of his Majesty in ye said Province, with Interest for ye same, for which ye said Livingston Obtained severall orders from ye Lords of ye Treasury and from his Majesty & Councill, and likewise to Enquire into 1º Causes and reasons why there
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was a Delay given, and suspension of obedience to ye said orders by ye Late Governour and Councill of New-York, as likewise to Enquire into ye Causes and reasons why ye sd Livingston Was not permitted to Exercise ye severall Employments in said Province granted to him by a Commission from his Majestie.
In obedience therefore to his Majes Commands, & on ye Petition of ye sd Livingston I made an order Summoning Coll: Fletcher late Govern' of this Province or some in his behalf, to appear before me at New-York on ye 16th of May last, with ye Complaint Exhibited in England against the said Livingston, with witnesses and Evidences to justify ye same, but on ye said day nor since has any appeared in behalf of ye said Coll Fletcher, his Attorneys declaring they had no orders to appear against the said Livingston, And on ye 16th Instant I ordered a hearing of ye whole matter before myself and where ye Councill did declare, they did not believe they could Properly be Judges of what they then had objected against ye said Mr Livingston, nor had they any thing further to offer or urge against him more than formerly, that they knew nothing to ye Prejudice of his Reputation, and added that he was ye fittest man in ye Province for ye Imploys he Executes, and Particularly as Victualler of ye Forces.
That they wholly referrd ye Consideration and Examination of ye Case to my self desireing me to report it to his Majesty as it should appear to me.
Whereupon having heard ye said Livingston and seen his Proofs and Vouchers together with on a strict scrutiny of his Demands there, It appears to me that ye severall sums of money both Principall and Interest for which he obtain . ed said orders in England are justly due to him, and ought to be discharged here, according to ye said orders, the execution of which was suspended in the late Government, no just reasons appearing to me for ye same, And as to ye Commission from his Majesty dated ye 27 of January 169516 with Salarys to be paid ye said Livingston for his discharge of ye offices and trust there- by Committed to him, I doe find the said Livingston a Person fitt and Capable to Execute ye same, and that nothing hath been offered against him, to render him undeserving of his Majes
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Grace and favour therein which is neverthelesse humbly submitted to your Lordships wisdom by My Lords Yr Lordships most humble & faithfull seryt
For ye Right honble ye Lords of yc
BELLOMONT.
Council of Trade and forreign Plantations
Whitehall.
TO THE QUEENS MOST EXCELLENT MAJESTIE.
May it Please Your Majesty
In obedience to your Majes Order in Councill of ye 14th of ye last month, upon ye Petition of Robert Livingston of New York, setting forth that ye Petr having been Constituted Secretary for ye Indian affairs by his late Majes Commission dated ye 27 of January 1693 with a Salary of 1001b per annum Coll: Fletcher then Governour of yt Province Suspended him from ye said office, and as he alledges without any just Cause, and praying that ye said Suspension may be taken off, we have Examined ye same, and find by severall Certificates from N: York that he was suspended as aforesaid, and ye Petr has continued since yt time, to be very servicable in managing ye Treaties with ye Indians notwithstanding ye said Suspension, We are therefore Inimbly of opinion, that his suspension does not deprive him from hav- ing a just preteuce to bis said Salary, which we apprehend, ye Revenue of New York by reason of anticipations will not be able to satisfy, and we doe further humbly offer, That your Majos Pleasure be signified yt ye suspension ye. Petr lyes under be taken off, web is most humbly submitted
DARTMOUTHI, JOHN POLLEXFEN
ROBT CECIL, Win BLATHWAIT,
PILL. MEADOWS, MATH: PRIOR.
Whitehal January 10: 1704.
At ye Coukr at St JAMES the 11 January 1701 Present The QUEENS MOST EXCELLENT MAJESTIC
Lord Keeper, Lord Treasurer, Lord President, Lord Privy Scal, Duke of Somerset, Duke of Marlborongh Earl of Stamford
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Earl of Radnor, Earl of Abingdon, Earle of Bradford, Lord Ferrers Lord Pawlet, Lord Dartmouth, Lord Granvill, Lord Coningsby Mr Speaker Mr Boyle Mr Secretary hodges, Ld Chief Justice Holt Ld Chief justice Trevor Mr Vernon, Mr Smith, Mr how.
Whereas in Obedience to an order of this board of ye 11 of ye last month, on ye Petition of Rob' Livingston of New York to be Restored to his Place of Secretary for ye Indian affairs, with his Salary of one hundred Pounds sterl. per annum, from which le was suspended by Coll: Fletcher ye late governour, The Lords Commiss" for Trade and Plantations, did by their Report this day read at the Board, humbly represent, that they have Exam- ined this matter, and it appearing to them, that ye Petr has continued to be very Servicable in managing ye Treaties with ye Indians notwithstanding ye said Suspension are therefore humbly of opinion, that his suspension does not deprive him from having a just Pretence to his said Salary, weh ye Lords Commis's apprehend ye Revenue of New York by reason of anticipations will not be able to Satisfy, Her Majesty in Conneill taking ye same into Consideration, is pleas'd to approve ye sd Representa- tion, and accordingly to order, That ye Petitioners sd suspension be taken off, and that he be not Deprived from having a just Pretension to his Salary, by reason of ye sd Suspension, and ye Goyr or Commander in Cheife of her Majesties Province of New York for ye time being, is to give ye necessary Directions for Restoring and Readmitting yo Petr into his offices without further Delay.
JOHN POVEY.
REPORT OF THE BOARD OF TRADE ON THE SETTLEMENT OF ADDITIONAL PALATINES IN NEW YORK.
[ Lond. Doc. XVII. ]
10 THE QUEENS MOST EXCELLENT MAJESTY.
MAY IT PLEASE YOUR MAJESTY.
In obedience to your Majesty's commands significd to us by the Right Honble the Earl of Sunderland, we have considered
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the Proposals made by Colonel Hunter for settling 3000 Palatines at New York, and Employing them in the Production of Naval stores, and thereupon humbly Represent to your Majesty-
That the Province of New Yorke being the most advanced Frontier of Your Majestys Plantations on the Continent of America, the Defence and Preservation of that place is of the utmost importance to the security of all the Rest ; and if the said Palatines were seated they would be an additional strength and security to that Province not only with regard to the French of Canada, But against any Insurrection of the scattered Nations of Indians, upon that Continent, and therefore we humbly Propose that they be sent thither.
By the best Information we can gett, the most proper Places for the seating them in that Province, so as they may be of benefit to this Kingdom by the Production of Naval Stores, are on the Mohaques River, and on Hudsons River, where are very great numbers of Pines fit for Production of Turpentine and Tarr, ont of which Rosin and Pitch are made.
First, in relation to the Mohaques River ; Your Majesty was pleased by your Order in Councill of the 26th June 1708, to confirm an Act past at New York the 2d of March 169; for vacating several Extravagant Grants, whereby large Tracts of Land are returned to your Majesty, and among the rest-
A Tract of Land lying on the Mohaques River containing about 50 miles in length and four miles in breadth, and a Tract · of land lying upon a creek which runs into the said River, containing between 24 and 30 Miles in length. This last mentioned Land, of which Your Majesty has the possession, is claimed by the Mohaques, but that claim may be satisfyed on very easy terms
The Objection that may be made to the Seating of the Palatines, on the fore-mentioned Mohaques River, is the Falls that are on the said River between Schenectady and Albany' which will be an interruption in the Water Carriage, but as that may be easily helped by a short land carriage of about 3 miles at the west, We do not see that this objection will be any hindrance to the seating of them there, In Case there be not an
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opportunity of doing it more conveniently in some other part of that Province.
There are other large Tracts of Lands on Hudsons River, which are resumed to your Majesty by the foresaid vacating act, viz!
A Tract of Land lying on the East Side of that River con- taining 12 miles in breadth, and about 70 miles in length, and one other Tract, on the West Side, containing 20 miles in Breadth and 10 miles in length.
By all which it appears that there are Lands sufficient in Your Majesty's gift, for the proposed settlement of the said Palatines, in case the same have not been regranted by your Majesty's Governor, or the Commander in Chief there, since these lands were so resumed, which we do not hear has been done.
We therefore humbly offer that the Governor or Commander in Chief be Directed upon their Arrival to Seat them all either in a Boddy or in different Settlements upon those or other Lands as he shall Find most proper, and that they be Encouraged to settle and work in Partnership, that is 5 or more families to unite & work in common.
That the Governor be likewise Directed to grant under the Seal of that Province, without fee or Reward, 40 aeres per head to each family, after they shall have repaid by the produce of their Labour the charges the publick shall be at in settling and subsisting them there, in the manner as is herein after proposed ; To have and to hold the said Lands, to them and their heirs for ever, under the usual Quit-Rent to commence and be payable after seven years from the date of Each respective Grant ; and further, that in every such grant there be an express Proviso that the Lands so granted shall be seated and planted within a reasonable time to be therein prefixed, or on failure thereof, such Grant to be void, and to revert to the Crown, And for the better preventing those people from falling upon the Woollen Manu- factures, it will be proper that in every such grant, a Clause be incerted, declaring the said Grant to be void, if such Grantee shall apply himself to the making of Woollen or such like manufacture.
As these People are very necessitous they will not be able to
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maintain themselves there, till they can reap the benefit of their labour which will not be till after one year at the soonest, We therefore humbly offer that they be Subsisted, The men and women at the rate of Gd sterling a head pr day, and the children under the age of 10 years at 1d Sterling a head pr day which as we are informed will be sufficient
When their houses shall be built, and the ground cleared for making their settlements they may then be Employed in the making of Turpentine Rozin Tarr and Pitch, and that this will be beneficial not only to the said Palatines but to this Kingdom. We take leave to observe :-
That one man may make by his own labour six tunns of these Stores in a year ; and we have been informed that a number of men assisting each other may in proportion make double that quantity ; so that supposing six hundred men be employed in this work, they may produce 7000 tuns of these goods a year, and if in time a greater quantity of those Stores should be made there, than shall be consumed in your Majesty's Dominions, Wc hope the overplus may turn to a very beneficial Trado with Spain & Portugal.
We have been informed by the Commissioners formerly sent over by the Navy Board to inspect Naval Stores in New England that Tarr might be afforded there under 25 a tun ; and supposing the freight from thenee in time of peace to be under &1 p Tunn, as we do not doubt it will, and whereas the Premium of A4 per Tun allowed upon Importation of such Tarr will more than answer the Charge of Freight, We believe it may be sold as Cheap as that from the Northern Crowns. However should the American Tarr be something Dearer, Yet it is the Jaterest of this Kingdom to have the same paid for in Woollen and other Mannfactures from hence ; Whereas that from the Northern Crowns is bought with ready Money.
The only Objection formerly made to these Stores from America, was that ye Tare had a burning quality, which consumed the Ropes; But we have been Informed by Traders in those Goods, that there comes now as good Tarr from New England & as fit for Ropes, and all other uses whatsoever, as that of Stockholm which is esteemed the best; and in Confirmation
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hereof, we find by an Account from the Custom house hear, in December 1707, that there was there 4704 Barrells of Tarr, huported from the Plantations, certifyed to be good, in order to the allowance of the said Premium ; We further take leave to observe that the Tarr which has most of the burning quality makes the best Pitch; And may otherwise be used on Ships sides or Sheathings.
As to the quality of the Turpentine, Rozin and Pitch made in the Plantations, We have not heard of any objections therennto; but on the contrary have been assured that they are as good in their kind as any whatsoever.
As these Palatines are ignorant in the . Production of those Stores, it will be necessary that three or four persons well skilled in the doing thereof (if to be had) be sent from hence, to instruct the said Palatines there, and that they be allowed £200 New York money per annum each, during their being employed in this work.
In case no such persons can be found here, then We propose that Mr Bridges, Surveyor General of Your Majesty's Woods on the Continent of America, who was sent i or 5 years ago to New England to Instruct the People there, be Directed to go to New York for that Purpose and that he bring with Lim 3 or 4 other persons, the most skilfull he can get who may assist him in the Instructing the said Palatines, and for their Pains therein have a Salary of $100 pr annum during such their employ and stay at New York.
It will be likewise necessary that there be Supervisors appointed to reside among the said Palatines, to over see and keep them at work, with a Salary of £100 per annum each; As to the number of the said supervisors we humbly conceive it cannot well be regulated here, for that will Depend in a great measure upon the number of the Palatines settlements, and On the Distance they may be one from the other. Therefore we are of opinion this be left to the Discretion of Your Majesty's Governor after his arrival there.
We further Represent to Your Majesty that at cach Settlement there will need a store house to be built, which may be done with little Charge, for lodging their stores, 'till they can be con- VOL. ME1. 11
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veniently sent to New York, where there should be a General Store House for the reception of such stores 'till shipt off for this kingdom.
That there be a storekeeper or Commissary appointed at New York, with a Salary of £200 per annum for himself and Clerk.
That all such Naval Stores so Manufactured be delivered into the Charge of the said Storekeeper or Commissary, and he required to keep a faithfull account of all such stores so by him Received expressing the Names of the person or persons to. and from whose use the several and respective Quantities were Delivered in, to the End that the neat Produce thereof may be accounted for, and Paid to Such Manufacturer or Manufacturers in manner hereinafter mentioned, with such other Instructions to be given him by Your Majesty's said Governor for the better performance of his Duty as shall be thought proper.
That an agent or factor be appointed by Your Majesty here for the remitting of such Sumins of Money as Your Majesty shall from time to time judge proper to be remitted to New York: for the subsistance of the said Palatines and for the receipt and sale of all such stores as shall be consigned to him On account of the said Palatines. In consideration whereof we further humbly Propose that such agent or Factor be allowed out of the Produce of such stores and value of Goods sent hence, the like Factorage as is usually allowed to Factors here by their Cor- respondents in that Province.
That such Naval Stores be shipt off for the Port of London, by the said store keeper or Commissary at New York, as oppor- tunity shall offer, the same to be consigned to such agent or Factor as aforesaid.
That such of the said stores as shall be found proper and fit for the use of Your Majesty's Navy, be by such agent or Factor delivered to, and received by the Commissioners of the Navy for Your Majesty's Service, And Bills made ont from that office according to their usual method and course of payment, for the value of such stores so received at the market price, such Bills to be made payable to such Agent or Factor.
And that he be Empowered & Directed to sell to the Merchant at the best price he can, the remains of such stores as shall be
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by him received, and not disposed of for the service of Your Majesty's Navy.
That such agent or Factor be further directed to keep Exact and distinct accounts of whatever Naval Stores shall so come to his hands, from the said storekeeper, and of all such Moneys as shall arise by sale thereof, as likewise of whatever sums of Money he shall from time to time disburse for the subsistence of the said Palatines, or otherwise on their accounts, according to such Orders and Directions As he Shall receive from Your Majesty, on that behalf.
That Freight, Factorage and all other Incident and necessary Charges arising from the Importation Safe Keeping and sale of such stores being Deducted, the neat Produce thereof be in the first place applyd towards the repayment of whatever Summs of money shall so have been disbursed for the subsistance or on account of necessaries to be sent with the said Palatines, and that the residue of such neat Produce be accounted for, and paid over to such Storekeeper or Commissary or other person who shall be appointed to receive the same to and for the proper use and behalf of such Palatines respectively to whom it doth of right belong.
And we further offer that the Premium given by an Act made in the 3d and 4th year of Your Majestys Reign to encourage the Importation of Naval stores from your Majesty's Plantations in America, be paid to such factor or Agent to and for the sole Benefit of such Palatines, who were the Manufacturers of such Stores, in like manner as Premiums are allowed to other Importers of Naval Stores from those Parts.
Lastly, we humbly offer that the said Palatines upon their Arrival there be Naturalized withont fee or Reward, that they may enjoy all such privileges and advantages as are Enjoyed by the present Inhabitants of that Province.
All which is most humbly submitted
Whitehall Decr 5. 1709
Approved, January 7. 1710.
STAMFORD DARTMOUTH
PI. MEADOWS
JO PULTNEY
R. MONCKTON CHA. TURNER.
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DEED OF THE LAND NOW CONSTITUTING THE TOWN OF GERMANTOWN, COLUMBIA COUNTY, N. Y.
[ Deed Book XII. ]
THIS INDENTURE made the twenty ninth day of September in the ninth year of the reign of our Soveraign Lady Anne by the grace of God of Great Britain ffrance and Ireland Queen Defender of the ffaith &cª and in the year of our Lord One Thousand Seven hundred and Ten BETWEEN Robert Livingston of the Manor of Livingston in the Colony of New York in America Esqr and Alida his wife of the one Part and his Excel- Iency Robert Hunter Esq" Captain General and Governour in Chief in and over the Provinces of New York New Jersey and Territories Depending thereon In America and Vice Admiral of the same &ca of the other Part WITNESSErn that the said Robert Livingston Allida his wife for and in consideration of the sum of ffour hundred Pounds of money now Current in the said Colony of New York to bim the said Robert Livingston in band at or before the Sealing and Delivery of these Presents by the said Robert Hunter well and truly paid the Receipt whereof the said Robert Livingston doth hereby aeknowledge and thereof and of every part thereof doth acquitt Exonorate and discharge the said Robert Hunter his heirs Executors and administrators , by these presents HAVE given granted Alienated Bargained Sold Enfcoffed released and Confirmed and by these Presents do give grant aliene Bargain Sell Enfeoff release and Confirm unto the raid Robert Hunter his heirs and assigns all that certain Tract of Land Scituate Lying and being in ap Mannor or reputed mannor Livingston in Dutchess County in the said Colony of New York on the South side of the River called Roeloffe Jansens kill and on the East side of Hudsons River beginning at a Landing Place called Point Robert which is about Two English miles to the Southward of the said Robert Livingston's mannor house and runs South Sixty seven Degrees Thirty uantes East One hundred and fifty and two Chains till it comes to a Piece of Land called the Pott and from thence South Eleven Degrees Westerly one hundred fforty and tive Chains and Six Tenths of a
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Chain to the flat Land from thence North forty five Degrees Westerly Twenty five Chains and Six Tenths of a Chain thence South Eleven Degrees Westerly One hundred and ffour Chains and Seven Tenths of a Chain from thence South fforty five Degrees Easteris fifty one Chains and Two Tenths of a Chain from thence South Eleven Degrees Westerly One hundred and one Chain from thence due Northwest Three hundred Twenty Chains to Hadsons River and from thence along the River to the Place of the first Station called Point Robert which said Tract Contains Six Thousand Acres of Land be the same more or Less together with all the messuages Tenements Building fences Orchards Gardens Pastures meadows Marshes woods underwoods Trees Timber Quarys Rivers Runs Rivolets Brooks Ponds Lakes Streams Creeks Harbours Beechos fishing Hunting Hawking mines minerals (Except Silver and Gold mines which were formerly reserved to the Crown) And all the Rights Liberties Priviledges Royaltys Jurisdictions hereditaments Profits advan- tages and Appartenances whatsoever to the said Tract or Parcell of Land belonging or in any wise appertaining or Accepted reputed taken known or occupyd as Part Parcell or member thereof together with flishing in Hudsons River so far as the said Laud Extents on the said River together with the advowson and right of Patronage of all and Every the Church and Churches Erected or Established or hereafter to be had Erected or Estab- lished on the said Tract of Land and all the Estate right Title Interest Claim and Demand whatsoever of him the said Robert Livingston and Allida his wife of in and to the Premises and every or any Part or Parcell thereof Saving and Reserving nev- ertheless into the said .Robert Livingston his heirs and assigns Lord or Owner of the said Mannor or Reputed Inannor of Liv- ingston ffree Liberty of Hunting hawking and ffowling in and upon the said Tract of Land and every Part thereof uninclosed and also free Liberty of flishing in all or any of the Rivers Brooks and Ponds within the Boundarys of the said Tract of Land and Likewise in Hudsons River as farr as the said Land Extends and Likewise free Liberty of Digging takeing and Carrying away Stones from the Cleft or Beach adjoining to the said Hudsons River within the said bounds And also saving and
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Reserving to him the said Robert Livingston his heirs and Assigns Lord or Owner of the said Mannor of Livingston his and their Tenants and under Tenants ffree Liberty of Ingress Egress and Regress with their horses Carts and Carriages in upon and thro' the said Tract of Land unto and from the Common Landing places which now are or hereafter shall be on the said Tract of Land adjoining to Hudsons River in and by such Convenient way or ways as now are or hereafter shall be laid out for the same TO HAVE AND TO HOLD the said Tract of Land and every Part thereof with the Appurtenances mentioned or Intended to be hereby granted Bargained Sold Released or Confirmed unto the said Robert Hunter his heirs and Assigns for Ever To be holden of her said Majesty her heirs and Successors Kings and Queens of the Realm of Great Britain in ffree and Common Soccage according to the Tenour of East Greenwich in the County of Kent in the said Realm of Great Britain to the use benefit and behoof of her said Majesty her Heirs Successors and Assigns Kings and Queens of the Realm of Great Britain to have take Receive and Enjoy the rents Issues and Proffitts of the said Tract of Land and Premises to her and their owne Proper use benefit. and Behoof and the said Robert Livingston for himself his heirs Executors Administrators and assigns and for Every of them doth Covenant Promise and grant to and with the said Robert Hunter his heirs and Assigns (to the use benefit and behoof of her said Majesty her heirs Successors and Assigns, by these Presents in manner and form following That is to say That he the said Robert Livingston at and Immediately before the Sealing and Delivery of this Present Indenture is the Sole true and Lawfull owner and Proprietor of the said Tract of Land and Premises hereby granted or mentioned to be granted and of every Part and Parcell thereof with the appurtenances and is Soly Lawfully and absolutely Seised thereof and of every part and ParceH thereof of a good Pure absolute and Indefeasible Estate of Inheritance in flee simple without any manner of Condition Contingent Provisoe or Limitation of use or uses or other restraint matter or thing to determine alter or Charge the same and that he shall Continue so Seized thereof and of every Part and Parcell thereof untill a good Perfect and absolute Estate in ffee simple
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