O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. III. Albany: Weed, Parsons and Co., 1850.

Memorialist hopes he shall be able to prove to your Excellency's Satisfaction. And your Memorialist humbly begs Leave to observe further unto your Excellency, that as the said Committee was appointed by the said General Court, and as your Memoralist suffers by the unseasonable Execution of their power, Your Memorialist conceives himself injured and oppressed by that Government …

I am to acknowledge the Receit of your Letter of the 21 ^t lilt" and the Report and Resolution of your Government of the 12th wliich I laid before his Majesty- s Council whose further Sentiments on the Matter appear in their report to me of the lO'ii Instant which I now inclose together with a Copy of the Act mentioned therein ' and desire you will be pleased to lay the same …

Resolution for it cannot with any appearance of Reason be imagined that this Government will tamely suffer yours to go on in settling the Lands claimed on both sides but on the Contrary it behooves us to take every measure necessary and expedient to prevent so extraordinary a proceeding This Government desires as earnestly as yours can possil^ly that the matter may be speedily …

This Government had determined to delay doing any thing in the matter until they could know yours and the furtlier Sentiments of your Government upon it But upon proof being laid before tliem of a Riot committed in the Manor of Livingston thought themselves obliged to order the persons concerned in it to be apprehended in order to be put on their Tryal for so daring a …

By His Excellency The Hono^J^ Gkorge Clinton Captaine General and Governour in " Chief of the Province of New York and Territories tliereon depending in America Vice Admiral of the same and Admiral of the Wiiite Squadron of liis Majesty's Fleet. A PROCLAMATION. Whereas Several Incroacliments have lately been made by the Inhabitants of the Provinces of Massacliusets Bay and New …

And Whereas it appears that some person or persons pretending to be olficers of tlie Government of the Massachusets-Bay, came into the Manor of Livingston in this Province on or about the nineteenth day of this Instant, and with the aid and assistance of Josiah Loomis William Webb, John Hallenbeck son of Michael HaUenbeck, Joseph Arcourt, Jonathan Yoimglove, and David …

Majesty's Council of this Province, to issue this Proclamation, hereby iu his Majestys Name strictly cliarging and Commauding the Sherifs of tlie Countys of Albanjvf and Dutches or eit'ier of them, and the Constables and all other officers in the said Counties jointly or severally, forthwith to apprehend and take all and every the persons herein before particularly named, and …

And if the w^hole power of the said Counties or either of them be necessary for the better putting the premises in Execution, then to Summon the aid of the same accordingly. And all his Majesty's Subjects within the said Counties, are hereby required to give due assistance to the said Slierif and other Officers, when Summoned for the purposes aforesaid, under the severest …

I take the first opportunity of informing your Excellency of my Arrival in this Pi-ovince ; and that upon a general Inquiry into the pubhck Affairs of the Governm* I found a Letter from you Dated 28*^ July last, and directed to Lieut* Governour Phips (then Commander in Chief, concerning the Differences w^h have unhappily arisen between the two Provinces with respect to their …

May it please your Excellency The Two Houses have carefully Considered the Letter from his Excellency Governor Clinton to Lieutenant Governor Phips of July 281^^ last, which your Excellency was pleas'd to lay before us, together with the Report of a Committee of his Majesty's Council at New York, as also an act of New York General Assembly impowering Commissioners to make …

On this Affair, We beg leave to observe to your Excellency, that the present warmth and disorders arose upon, or at least quickly after, the Petition of some persons (wlio had encroach'd on this Provinces ungranted Lands West of Sheffield) that the General Court of this Province would sell or dispose of to them, the Lands they thus possesst; not long after this, a Number of …

Suggesting that it was but very lately, they knew we had any possessions West of that River, this proceeding of the Gentlemen of New York appear'd indeed extraordinary, as diverse of our ancient and best Towns Had been setled West of this River about an hundred Years, and the Shire Town of Springfield near a hundred and Twenty Years. MANOR OF LIVINGSTON. 755 The Government in …

The Government in New York thus declining to Join in setling the Line, and atfecting to appear such great Strangers to our Affairs and Circumstances in those Parts of this Province, the General Court here Judg'd it vain to attempt any thing by way of Treaty in the Controversy, and therefore concluded to proceed in the best manner they could by themselves, and tliat they might …

We beg leave farther to observe that notwithstanding the x.jnity of our Authority's proceedings and readiness to take Bond of the two Rioters apprehended, yet Michael Halenbeck a Dutch-man whom they supposed to favour the taking Van Dusars, has been apprehended and closely confin'd in Dutf'liess 756 PAPERS RELATING TO THE County Goal (it is said to be in a Dungeon) and the …

Read and Concurr'd & Voted that M"^ Welles, M^" James Eowdoin Col^ Winslow, Cap* Chandler & M"" Fletcher, with such as the Honi^i*^ Eoard shall Join, be a Committee to wait upon liis Excellency the Governoi" with the message that has pass'd the two Houses this Day. Sent up for Concurrence T : Hubbard Spk'' In Council Sepf 11th 1753 . Read and Concurr'd, and Andrew Oliver …

There are several Declarations taken upon Oath to support the Truth of this Representation ; and the two Houses have desired that I would move your Excellency for this mans Enlargement upon good Bail ; And I cannot but hope that if your Excellency upon Inquiry shcill find tliis matter as it is (in the message tome) represented, you will tliink it reasonable to gratify us in …

I herewith inclose Copys ol the Act of the General Court also the messages above refer'd to for your Excellency's Consideration, and desire you will be pleased to let me know the Determinatioi* of your Government upon these matters as soon as may be Convenient. I have the Honour to be with very great Regard S^ y Excellency's most Humble & most Obedient Serv* W. Shirley To His …

Voted that His Excy the Governour be desired as soon as may be to write very particularly on this affair to his Excy the Governour of New York, the two Houses apprehending that the common Rights of any or all his Majesty's Subjects in sucli Circumstances are denied him. Sent up for Concurrence, T. Hubbard Spk» In Council Sept>^ 14, 1753, Read & Concur'd Thqs Clarke Dep^y SeCr …

In the mean time I can assure you from good Information that Michael Hallinbeek who w' as lately confined in the Goal of Dutchess County made his Escape from thence with several Debtors Nor can I tliink he met with any severe Treatment while there -- It must be a mistake that he was confined in a Dungeon, there being I am told no such Place belonging to that Goal, and as to …

In obedience to an Order in Council on the 29*^ day of September last referring to the Committee of Council and the Commissioners appointed to examine into the Eastern Boundaries of this province A Letter from his Excellency Governor Shirley to the late Governor Clinton of the 17tt» of September last together with a Representation of tlie Council and Assembly of the province …

great seal of this province a Committee of the Councill of the said province did in their report of the Twenty Eighth of ffebruary Last set in a clear light his Majestys right To the Jurisdiction and soil of the Lands westward of Connecticut river and northward of the Colony of Connecticut as part of this his Majesty's province of New York and then pointed out and Considered …

That the Councill of this province on the first of May Last Exhibited Sufficient reasons why Commissioners ought not To be appointed on the part of this province for that purpose. But that the Colony of the Massachusetts Bay ouglit to answer the former plain request made Concerning their Warrant, to Claim Westward of Connecticut River. That on the Twelftli of June Last the …

And the injustice of their Resolution to proceed and take upon themselves To be the judges, in ContemjDt of his Majestys Sole right to Judge in this matter, and that the said Councill propose the sending them a Coppy of the act of this province for appointing Commissioners To Examine into the Eastern Bounds of this Colony, and also propose the stay of Exercising the …

That some person or persons pretending To Be Officers of the Massachusetts Bay came into the mannor of Livingston in this province (which manor has been in tlie quiet possession of Robert Livingston Jun^ and his Ancestors about Sixty Years under grants of this province) and on or about the nineteenth day of July last with the aid and assistance of a great number of persons in …

These things premised we shall beg leave to report our opinion on the Papers referred to us and first as to JMichael Halleubeck's confinement in Goal in this province we have seen a Coppy of a Letter from Governour Clinton to Governour Shirley of the first of October Last, acquainting him with Hallenbeck's Escape out of Goal and the mistakes of their Inf(?rmation Concerning …

Upon which we Beg Leave to remark that when they made the proposal to appoint Commissioners which was on the 12tb of Aprill tJiey had the report, of the Council! of this province of the 28'h of ffebruary under their Consideration In which the Question which they are pleased to Terra Magisterial was Contained and that it was a proper and the only Rational Question that Could be …

We would further remark that they Omitt tlie reason given by the Council here on the first of May Last why it was improper to appoint Commissioners for the purpose Requested and are pleased to Introduce this which they call Magisterial as if it had Been the answer of this province to their request But Avhy this representation of the matter is made by them, they can best …

On the first reading of the above paragraph few of us doubted but that the Shire Town of Springfield had been situated on the west side of Connecticut river Till we were informed that it is on the East side of that river & that M^" Poplis Large map Represents it so which Information some of us doubted and still doubts the Truth of, Because of the Difficulty of Reconciling it …

We believe that their Committee did Last May Enter into the Manor of Livingston (quietly possessed under a grant of this province about Sixty years without any pretence of the Massachusetts Bay) and are Informed that notwitlistanding the said Robert Livingston had then ofiered to shew them Ms Title and had actually shewn them a Coppy of t'n.e said report of the 28"^ ffebruary …

And as to Josiah Lumis M^' Livingston has proved before us tliat he was for about Six years a Tenant at Will on his Mannor and that about two years agoe he was warned to go oft" and M'' Livingston requested him to provide some other place out of his Mannor whereon the said Lumis by Letters shown to us, Beged leave of M'' Livingston to stay so long as to raise one crop of …

No authority in the County of Hampshire had any Right To take Cognizance of any oiience (if that was one) done in the manor of Livingston within this province and it was highly Criminal in any of their Officers to Execute any warrants there, and the demand of the Delivery up of those officers to be sent here for their Try alls we do not apprehend was extraordinary or …

But the Cases are alike for the Manor of Livingston we Conceive to be as clearly part of this province as Boston is part of Massachusetts-Bay, and while the said Report of the 2S^^ of ffebruary Last, and what they call the Magisterial Question therein, stands unanswered, we Believe it will appear so to every Impartial man who reads it. The Massacliusets Government have been …

It's possibly there might from thence have arisen some Cause for the meeting of Commissioners of Both sides to Come to a right understanding on the Doubifull matters thereby arisen But while the Title of this Province to be Bounded by Connecticut River, does stand Clear in that Report and no Title appears For the Massachusetts Bay to any soil or Jurisdiction west of that River …

As To liis Excellency Governour Shirley's said Letter we agree In opinion with him, that there ought to be Mutual Condescentions on both sides, and that there can be But Little prospect of any Accomodation of those differences without them, and whatever Condescention is reasonable to be granted by this Government, we doubt not will Be Complyed with when requested, and asM"^ …

And lastly As this Controversy hath abeady subsisted a Long time and in the present Method of carrying it on is likely to be protracted to a very unreasonable length without the least Appearance of its determination We pray your Honour will be pleased to lay this Report before the Governm* of the Massachusets Bay to be Communicated to the next General Court hopeing that they …

As I stiU continue to be troubled by the people of the Massachusets Government I find myself Obliged to address your Honour for assistance and protection as an Inhabitant of this Province, which from the Long personal acquaintance I have had of your honour, and your Love for Justice, to protect the Inosent, and pumsh the Guilty, leaves me no room to doubt of your Honours …

• Two of my Tenants Michial Halenbeck and Josiah Loomis the former a tenant for above thirty years, & the latter about 12 whome as he was an ore Diger my Late Father gave liberty to build a small house on his ore bed for the Conveniency of liis family, these two persons liave been to Boston this winter, with David iDgersol of Sheffield, alias Westenliook, to Solicit the …

Trespass for distroying upwards of 1100 trees near my Furnace on which he was committed to Albany Goal, with which letter Pains wife is gone up to Albany but not yett returned, tho' daily expected with her husband, whome I doubt not but she will bring with her, These proceedings of the General Court if true (wliich from tlieir late behaviour I have no reason to doubt) have a …

The Honourable Committee and Commissioners of our Province, I hope has before this, drawn up a Representation of this affair of the Massachusets Government and presented it to your Honour to be transmitted to the Lords of trade, as this is necessary and of great Consiquence to me, as well as to many more in this province, the more so, as I am informed that the General Court of …

Eut it gives us no small Concern to observe while the People of this Province are on their Part acting with all possible Moderation & Lenity towards tlie private Persons in that Province engaged in actions here that grow out of this publick Dispute, and this Province are suspending the Prosecution of such measures as they had publickiy resolved, only in Compliance w"' a …

The exorbitant Bail demanded by the Sherriff of tlie County of Albany from one Pain an Inhabitant on tlie Lands in Controversy, & now a Prisoner in Albany Goal, at the Suit of M» Livingstone for Trespass in Cutting Timber Trees on those Lands, & the Reason offered by the Sheriff for his requiring suck Bail, are equally extraordinary k surprising, For he refuses to accept Bail …

The Conduct also of Mr Livingstone towards the People settled tliere (according to the repeated advices & Complaints we have from them) in his threatning them to drive them by Force from their Possessions, to destroy their buildings, k in offering large Sums of Money to have them imprisoned, & in sending Parties of Riotous & disorderly Persons from " time to endeavour to …

These Proceedings both of the Sheriff & of Mr Livingstone (the' not equally extraordinary) yet are sucli as we could not have expected, and such as cannot be justified, and such as may justly excite an Uneasiness with those Gentlemen, as well as our Concern & Compassion for the sulfering Persons, & we doubt not your Excy will be of the same opinion respecting these matters. We …

for matters relative thereto, may be intirely suspended, And that they may be suffered quietly to improve their present Possessions without Fear or Interruption untill the proposed method of a mutual Determination of this Dispute shall have been properly attempted. Which is humbly offered p Sam} Watts p Order. In Council April 11, 1754 -- Read & Ordered that this Report be …

* * * Pursuant to an Application made to me by the Council and House of Representatives of this Province occasioned by a Petition of one Payne I must desire of your Honour that nothing may be done by the Government of New York or any particular persons there, that shall tend to raise a Contention between the two Governments at a time when a strict Friendship and Union seems …

(if he has been hiilierto debar'd) may be now allowed the Privilege of Law more especially in relation to the extraordinary Bail demanded of him ; and that he may be set at Liberty upon reasonable Bail ; and tliat as to tlie other People living on Lands in Dispute between the two Governments, a Suspension may be had of all proceedings against them, and that they may be …

We have lately had under Consideration two Letters from his Excellency Governor Sliirley, one of tlie 21 -* of January and the other of the 22'^ of April with two Reports of the Council and Assembly of the Massaclmsetts Bay the first without date and the second of the 11 '^^ of April and a vote of that Government of the 11*'' of April appointing Commissioners for settling (in …

It appears M^' Livingstons Conduct in tliis Dispute has been confined witliin the limits of his own Manor, and therefore very justifiable in our Opinion, -- being principally directed to prevent the People of the Massachusets Bay from setling Ids Lands or prevailing upon his Tenants to take Titles for them under that Government ; and when it is considered that he and his …

We forbear to make any further observations on the matter tliough it is insinuated witliout any Reason we 11 link, that this Province hatli not shov.'n the same good Disposition the province of Massachusets Bay has towards an amicable Settlement of the Afiair, or have used less Moderation and lenity to the People of that Government than tliey have done to tlie People of this …

On the 27t'» of January last Ebenezer Loomis by his Letter of that date acquainted me that he had been to the Mountains at Tackanick on the Saturday before but had not had the Good Hap to do me any Service by reason that the People said Engersel had the Grant meaning a Grant for Lands in my Mannor That thereupon he sent Joseph Gould to Slieffield but Engersel would not let …

MAXOR OF LIVINGSTON. 775 David Slikts answered them that he had nothicg to do with the New England People-- That he had hired tlie Lands of me, and that as long as tliey continued mine he would have nothing to do with any other. They then desired him, that if he came out with me against them he would join with the New England People, and that they would return for his Answer …

Claveraclc February 8th 1755. TrJs Evening Appeared Joseph Pixley Before ns Abraham Fonda Henrey V Kanslar and Derick T. Eroek Esq^ and upon tlie Holy Evangelus Declares and Complains That he is In Danger and Now is Afraid that Robert Noble or Some Otlier Person : Will Take hira & Bring him Into the Goal in Massachusett Bay : for the Only Reason that he lies Obeyed the Orders …

I rec^ yours of the 31 st Ultimo am sorry that you are Scituated near so troublesome Neighbours and am more apprehensive of greater Trouble Cello Renselaer has been with me this Evening and sliewed me Copy of two Affidavits taken before Abraham Fonda Henry Renselaer & Dirck Tenbroeck the one swears that lie believes himself to be in Danger of being Carried off by one Noble who …

him and endeavour to take Noble and tlie otliers who were aiding in taking the Constable and otiier Man I am busy with tlie Tax List and some other AlYairs I luive on liand or should gone in Company I tliink this is a publick Affair as it seems only to relate to the Jurisdiction M"" Woodbridge w'as here about ten Days agoe He told nie tliat he had been lately at Boston and by …

County of Albany, Abraham Yates j"" Esq^' high Sheritf of the city and county of Albany afures*^ and being Duly sworn on the holy Evangelist Deposeth and Sayeth that on the Eleventh Day of this Instant Feb*">' being Commanded by Henry Van Renselaer Esq"" one of his Majesties Justices for the Citty & County afores'J to take Into his the Deponents Custody one Thomas Wittney of …

Ouns at Uie Deponent, tlie Deponent further Sajeth, that s^ Noble asked him of what side he was, to wliich tlie Deponent Reply'd, he was High Sheriff of the City and County of Albany, upon wliich said Noble ask'd him what Business he had there, at the same time ordering his party to seize on the Deponent which they accordingly Did and Conflnd him to a house Belonging to tlie …

-who seized the high SHIRREF of city &, COUNTY OF ALBANY THE 11 FEBRER 1755. Robert Noble William S Halenbeck Thomas Willnie Myhiel Halenbeck Jacob Bacon Hendrik A Brosie Joseph Jellit William Ja Rees Benj" Lovejoy Francis Bo vie Eiysa Stodder Andris J. Rees Benjamin Chittenton William J. Halenbeck Richard Vane Natan Lovejoy Talvenis Stevens Hymon Spensei- Wheat Herk Andrew …

I expect from your Excellency's justice that you will order tlie Constable & Moreso to be immediately discharged and that you will be pleased to revoke the Commission given to Noble & others who are inhabitants of this Province and have long lield their lands by title under it, Nothing could give me a greater concern tluin to be laid under tlie necessity at this time of …

I am sorry to be obliged to give you this trouble, now you are so deeply busied in other matters, 780 PAPERS RELATING TO THE Yonr Excellency is sensible I conld not avoid it, I sliall conclude witli wishing you success & with tlic assurances of my being with great esteem Yom-s &c Gov Shirley AFFIDAVIT OF JOHN VAN RENSSELAER. New York ss John Rensselaer of the Mannor of …

New York ss John Rensselaer of the Mannor of Rensselaerwick in the County of Albany Esq"" of full age being Duely sworn on the Holy Evangelists of Almighty God Deposeth and saith, that some time in the beginning of this month of February, he Eeceived Information, that one Robert Noble and severall other of his Tenants, within the said mannor, had Entered into a Confirmation …

That in Travelling along towards Nobles House they overtook one Thomas Whitney, w'no they were Informed, was one of the persons tliat took Clark pixly tlie Constable, and Jolm Morrlss prisoners as aforesaid Whereupon t]\e Sheriff Yates was ordered MANOR OF LIVINGSTON. 781 by the Justice to take liini into Custody, untill a proper Enquiry Could be made about the matter and the …

by the Justice to take liini into Custody, untill a proper Enquiry Could be made about the matter and the Deponent, and his Company went on towards Nobles House, and as the Deponent Came near the House, lie was Greatly surprized by seeing several! of Ids ov.'U Tennents, and M'' Livingston's Tennents with scverall New-England people from slieffield altogether armed witli Guns …

782 PAPERS RELATING TO THE the Colony of Renslaerwick, have been in possession thereof, ever since the Dutch settlements in this Country and further saitli not. JoHK VAN Rensselaer Sworn the 22^ ot February 1755. Eefore me Jn° Chambers. i R. LIVLNGSTON TO L'L GOV. DELANCEY. Mannor Livingston ye 8 Ivlarcli 1755. May rr please your Honour On my return home from New- York I was …

Wliile Ten Broeck Stood with his Company at the door, which was till near sun sett, he saw several men lurcking in the Buslies with ilieir Arms, in order as he supposed to go to Hallenbeck"s house, which Ten Broocks men chased av/ay ; but in coming away from the house he met four men well armed, who when they saw our men, rid as fast as they could to John Hallenbeck which is …

Ten Broock tarry ed 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 toolc him by a Warrant of Brigadier Dwights, aiid Carryed liim to Springfield Goal where he now lays …

I am told a Committee is Shortly to come from Boston to lay out a Great part of Coll° Renselaers, & my Lauds, & 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 & Sheriffs of Albany and Dutches, your orders how …

those Gentlemen that it may bo done Speadily tliat we may again live in peace & Good neighbourhood & joyn together in good Earnest to attack oiu' Common Enemy ; and that your Honour will be pleased to write Governour Sherly to desire him to order llosnian out of Goal again, k to send his orders to the magistrates & officers of Sheffield, Stockbridge k^^- not to Exercise any …

I Presume to Give you tins Trouble to Inform you, that I am Involved In a Great Deal of trouble Occasioned by the Government of Massachusets Eay Claiming Jurisdiction in the Lands that Have been long Settled under tlie Government of New York Last Winter I turned two men out of Possession one of them iiad been first Settled under M^ Livingston and the Otlier under Mr Renselaer …

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 Possession And by that Means lunder me to do the Duty of my Office, and tliat at a time WJien our Inferior Court, and Coui't of Sessions for this County Will Be Near at hand, and Perhaps the clrcutt Likewise, Noble Who took me Prisoner has made a kind of fort of his …

and most Humble Servant Abh* Yates Jun"". To the Honorable James Delancey. (Endorsed) 29 March 1755. ROCLAMATION TO ARREST ROBERT NOBLE. By the Hono^i® James De Lancev Esqr His aiajesty's Lieutenant Governor and Commander in Chief in and over the Province of New York and the Territories depending thereon in America A PROCLAMATION. Whereas several Incroachraents have lately …

A recent instance of which riotous and illegal proceedings, is fuUy proved in an afl&davit of Abraham Yates Jun"" Esqr High Sherif of tlie 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 Wliitney of Claverack (a place well known to be …

To the end therefore that the said Robert Noble and his associates, as yet unknown, may be brought to Condign Punishment 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 …

And all his Majesty's Subjects 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 …

And on Wednesday morn Part of the Company wlio were witli 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 tiu-o' which Rees then put Ids Gun and snaped It three times at the men who stood …

So that witliout some means be found to Indemnify This Furlong for kilhug 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 liis 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 …

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 tied to the Government of New York ; and that Your Honour would take eftectual means until the present controvers}' shall be settled for restraining the Inhabitants of …

That on the 14t*' 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 disco ver'd thirty or forty men going away fit-om the House of Robert Noble, & as soon as they were out of sight the Declarant …

The Declarant further says that he was inform'd that said company went from said Nobles house to Nehemiah Hopkins's & puU'd great part of it down, and the Declarant afterwards went to said House & saw that the Boards v/ere all puU'd off from the sides of tlie 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 …

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 M"" Conner being Uneasie to know what Was Meant by the proclimation being put up there he Went to Dirck Spoors and When they …

Inclosetl you have the Number of Men Wliicb Ware taken This Morning out of Anchoram By the New England Company and your Serv' Jacob Knight Who Was among them and Cali'd out to the New England People to ty the Anchoram and as M"" Connor Informed me that the New England Slieriff Come up to M*^ Deeker and Shook hands With liim and said lie Would not take him and M'' Deeker never …

Rob^ Noble Thomas Whitney Jacob Spoor Cornelius Spoor Andries Reese Jonathen Derby Francis Balviel a Sold' belonging to Albany GaiTison Ebenezer Pain John Van Gelden an Indian Joseph Van Gelden an D" Jacob Kneght M»" Livingstons Servant 103 ye Whole Niunber. AFFIDAVIT OF ROB"^' LIVINGSTON. Provmce of ? Robekt Livingston Junior of the Mannor of New York ) ' Li v ingston Esq'" …

of Livingston by Letter dated the Sixth Instant, Liformatiun (wliich he doth verily believe to be true) that Robert Noble,, Thomas Whitney, Jucob Spoor, Cornelius Spoor, Andries Eeose, Jonatlian Darby, Francis Balville, Ebenezer Paine, John Van Gekler, Joseph Van Gelder, and Jacob Kneglit, together with a great number of others, in tlie wliolc about one hundred & three …

Ron^ Livingston Jun^ Sworn this 8^^ day of May 1755. before me. W*" Smith. LT. GOV. DE LANCET TO LT. GOV. PHIPS. New York 12 May ]756 SiK -- I received your letter of the 28"' of April by the post on satui'day's Evening, wherein you mention the information you had received of a barbarous murder committed on the Eorders of the town of Sheffield on the body of one William Race …

a tenant of M'Renslaers within this Province with several otlier Rioters took tlie sherift' of the City & County of Albany in tliic Execution of his oflfice 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 …

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 Acts of Violence & injustice by riotous persons under Pretence of the jurisdiction of Mass** Bay in the ancient settlements of this Province I have already sent the opinion of his Majesty's Council to Gov Shirley on the methods proposed for …

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 …

this month ; the proposal of the Massachusetts Council for settling the line in dispute between tlie two provinces is the same with that, w^^ the whole assembly determin'd upon in their late Sessions, and I hope it will beapprov'd of by Your Honour's Governm' as it seems the shortest, most amicable and effectual method for settling this unhappy controversy now depending …

that the persons who were bound fur liis and tlieli- appearance at tiie present coui-t, would not consent to stand bound for it at tlie next ; wliereupon I wrote to the Justices to find some persons at Springfield, if they could, who would be Bail tor their Appearance at tlie next court ; But to prevent any disappointm* in the matter, and put things upon as amicable foot as I …

I am with great Regard and Esteem Sir, Your Honours most Humble and most Obedient Servant. Hon''''- .lames DeLancey Esq- Y\-. Shirley 5 June Read in Council. Province of the Massachusetts Bay. At a Council held at the Council Chamber in Boston upon the Iv^ii day of May 1755. Present His Excellency William Shirley Esq'" Josiak Willard Jacob Wendell Daniel Russell Joim …

Provided that they are not charged with the actual murder of William Race, and that the Said Gentlemen represent the State of tliis affair to his Excellency as Soon as may be. And further advised that his Excellency be desired again to propose to the Lieutenant Governour of New York the appointment of three disinterested Persons of the Neighbouring Colonies, to join with three …

Present His Excellency William Shirley Esq^ Jpsiah Willard Jacob Wendell John Wheelwright Andrew Oliver Joseph Pynchon Thomas Hutchinson John Erving Esqf^ Advised tliat his Excellency write to Col" Williams, Col^ Dwight and Col^ W^orthrington directing that if upon Examination of the Persons lately taken from M^ Livingstons Ironworks so called there shall not appear sufficient …

Agreeable to Your Excy's direction and order, we have examin'd the persons taken at M"" Livingston Iron Avorks who were committed to the Goal in Springfield by a mittimus from M"" Justice Ashley upon suspicion of their being aiding & consenting to the murder ot William Race and have endeavour'd to get the best light and Evidence we are ca,pable of obtaining in that matter at …

Since our writing by Colonel Choate, and before we had convenient opportunity to discharge the prisoners and commit 'em to a proper Guard, in order to convey them towards Hudsons River as we had propos'd in pursuance of your Excellency's order & direction. The inclos'd was communicated to us by M^ Ingersole, and having enqiiir'd of the person who brot the Letter, what he knew …

Sir -- To inform you that Livingston is now k Conner & all his men at Taconnet and the murderer is with them a building a fort and they have brought three Several Gims with them, and I would pray you to read this letter to the Committee and inform tiie Court that Daricli Spiu' is kept by Livingston so as he cant come down to the court he is very angry with him for coming into …

John Hollambigg of lawful age testifys that on Monday last afternoon being at liis fathers Dwelling house on country land so called West of Slieffield on the west side of Taghkanuck mountain, and on the Land in dispute between and claim'd by both the Gov''" of tlie ISIassachusetts Bay and New York Ms Brother Dirk Ilollambig aged ab' 19 years & his jister Cornelia Hollambigg …

Springfield May 22, 1755. John Hollambigg. Hampshire ss May 22, 1755. Jolin Hollambigg personally appearing made Oath that the above Declaration by him Subscribed is the truth & notliing but the truth. Sworn before David Ingersole Just Pace. MANOR or LIVINGSTON. 801 GOV. SHIRLEY TO LT. GOV. DELANCEY. Boston Mav 25. 1755. Sir Since closing mine of tlie 21st Instant I have …

Since closing mine of tlie 21st Instant I have received the Inclosed Returns from two of the Justices of the Sessions at Springfield, and Attorney General there, of their doings in pursuance of my Orders to them concerning the Discharge of tlie Sheriff of Albany and others bound over to that Court, on acct of the Riots upon tlie Borders, and of M^' Levingstons men there in …

ROBT LIVINGSTON TO L^ GOV. DE LANCEY. May it Please Your Honour. Inclosed, I transmit to your Honour, a Letter from Messrs Livingston and Smith, Containing a Narrative of what passed Vol. hi. 51 803 PAPERS RELATING TO THE last week upon the Borders, relating to the Dispute Between us and the Massachusets Bay -- A Regard to the Province in General, the County of Albany in …

last week upon the Borders, relating to the Dispute Between us and the Massachusets Bay -- A Regard to the Province in General, the County of Albany in particular, My own Interest, and Compassion to the Distressed state of the Poor people, who live on the Eastern parts of this Province, Adjoining to the Massachuset's Bay Government, induce me to Intreat Your Honour, to consult …

During their absence from Sober, a place where I have erected a Forge, about five Hundred Weight of Bar Iron, was pilfered and Carried off; and Whether any other of the Inhabitants had suffered by tills Invasion, I have not yet been informed. How Distressing to Husbandmen, so great a Loss of time must necessarily be, is easy to conceive ; nor is it Less Difficult to forsee …

I sliould be glad to receive Yonr Honour's Directions, if any are necessary to be sent, to the Judges and Justices of Albany, with respect to t!ie prisoners that we have apprehended, who are either imprisoned or bound over to appear tliere, at tlie next General Session of the Peace, which will open on tlie first Tuesday of next month. -- Relying upon the Vigilance and Activity …

On Friday tlie 16th Instant, at the Request of Robert Livingston Jun"" Esq"", we set out from his House at the Mannor of Livingston, with an Intent to meet a Committee appointed by the General Court of the Massachuset's Bay, to transact Sundry Affairs relating to the Lands Claimed in Common by both Provinces. We proceeded to Tac]ionick,and were there informed, tiiat about One …

In this Conference, the Gentlemen declared their disapprobation of the present method of Proceeding, on the Part of both Governments, in Seizing and prosecuting the Inhabitants upon the Borders, and confessed tliat such Courses, had no suitable Tendency, to bring about a Settlement, but Still alledged in their own Justification, that their Government, had made reasonable …

Tlie next morning we offered tlie Committee, a Copy of the Minute ol Council of the S^h Instant, and beged a Copy of the Vote of tlie General Court, under wliicli they now acted, but the Gentlemen declined tlie former, and refused the latter which iievertlieless they permitted us to peruse. -- Tlie purport of it, v/as, as well as \ye can remember, to enable them, to grant …

Collo Choat spent the Evening with us, and seemed then to declare with more Certainty, concerning Your Honours Letter to M'^ Shirley, than he had done before at Sheffield. While we were at Springfield, Abraham Yates Esq*" the Sheriff of Albany, ai-rived with Dispatches from M^ Shirley to Messrs Dwight Williams and Worthington ; and we accordingly waited upon these Gentlemen …

Tlie Justices of the Court, refused to continue one Rossman, Wlio had been apprehended by that Government, and was bound over to appear there, and insisted upon his entring into a new Recognizance, to appear at the next Sessions, on the last Tuesday in August next. Nothing tliat we urged, against so unreasonable a Proceeding, drawn from the Design, Operation, and Letter of the …

We farther insisted that they ought at Present, to make the Mittimus by which the Prisoners were committed, and not the Real merits of the Cause, the sole Rule of Judging, Whether they were guilty or not,*and if so, we had reason to hope, that they would Bail them, because the Mittimus (a Copy of wliich we inclose) did not certainly charge the Prisoners with any Crime …

That the Committee presented as a Gift to such Tenants of Robert Livingston Jun>- or John Renslaer Esq's as would accept them, and hold tlie Lands against tlieir Land Lords, Releases for One hundred Acres of Land each, and that tlie Residue of the Lands, were Sold or Released at Two Shillings lawful money per acre. Having tlius concluded the Narrative, of the most Material …

I have been credibly informed that the Sheriif of Albany County has sett four of the prisoners, wluch were Confin'd in his Goal, for taking & Carrying him to Slieffield, at Liberty; and that they are now at their respective lioraes in Coll^ Rensehiers Mannor; this I think Extreamly hard wliile my folcks taken from my Iron works are still Confin'd in Springfield Goal, and a …

under very great hardships; as this affiiir Concerns me in a very tender point I must beg your Honour to lett me know what agreements the two Governments are come too in order to Settle this grand dispute, and that your Honour will do all in your power to gitt a Line Settled Speadily, that we may once again live in peace on our Borders, I remain very Respectfully May it Please …

It's now about two years Since, that I ordered Jan Halenbeck a tenant of mine the person in whose house Timothy Connor is Sayd in the deposition to have Enterd, to Look out for another place to live on, as his Leese Avas Expired, I would not suffer him to live any longer on my lands, and that he must take care not to plough nor Sow any more on them, for that if he did, I would …

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 tliem for the trouble tliey had already taken in mowing what they liad done, upon vvliich they all whent Quietly liome ; 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 …

And while I was at New York on the 6 of may last tiiere came out from Sheffield k the mountains Sc^ 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 6lO PAPERS RELATING TO THE ill a little time after; and at my return from New …

ill a little time after; and at my return from New York Avliicli was on tlie 15 of may I was infurmed by my people, that Jan Halenbecks Cattle & liorses where again on the farm & that they distroyed the wiieat, I had Caused to be sowed there; on the next day I wlient tliither to se it; and found the fences in a very bad & brooken Condition, and was told there by my Trusty …

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 thouglit so very necessary as I had but very shortly suffered Extreamly in tlie loss of my workmen that I believe no Impersial man will blame for ; and had a body of …

away our people when ever they liave 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 tm Shillings^ this I think every honest man must & …

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 Coll^ Eenselaer, 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 …

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 k 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 812 PAPERS …

Yester-day I went with I^I"" 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 …

This day M'^ Livingston sent me an Express to acquaint me, that there was a Company of New England men of the Massachusets Bay, to tlie number of 70 or 75, come last week to Tachkanick in my mannor, a place by Estamation about 16 miles East of Hudsons Kiver, 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 …

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 liome & not work any more there, for that the New England people would come the next day & take them away & break …

Wherefore I must, as being a Subject of tliis Province, beg your Excellencyes Protection, and assistance in this Grand affiiir, wliich not only treatens me, and family with utter ruin, but man^ poor fiimilyes settled under my Grand Father & father ; and tliat your Excellency will be pleased to take this matter into your Consideration, while his Excellency Governour Sherly is …

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 m.y Sute ; in which they are pleased to say, that this man was arrested for a supposed Traspass, on Lands claimed by that Government …

possession of my Grandfather my fatlier & self since the year 1686 & for which I have i-egular pattents under the Great Seal 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 ver}' great damage, & told the men I sent to forbid him, that the Lands were his & he would go on &distroy the timber …

Nor may it please your Excellency was this Pain taken in such a violent manner by Patrick Migee, as Robert Van Deusen & 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, & carry ed away & Committed them to Springfield Goal where I w^as obliged to gitt Surityes …

With Respect to an agreement made by his Excellency Governour Sliirley & his Honour Lieu^ 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 …

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 otiier day whicli your Excellency had the reading off, who deny that Governour Sliirley is Goveruour of any Province, k call him a Coll" of a Ridgment at oswego, & refuse to leave my Mannor & go out of the …

But for me to order the Sheritf 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 k 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 …

with them or tliat the Gentlemen Commissioners alone as they shall tliink fitt write to all those folcks 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 Countinaneed nor Supported by their Government in those possessions & Riots ; all which I hope your Excellency will …

It's very agreable to me to find that tliese Gentlemen Commissioners, and I hope the Massachusets Bay Government are desii'ous 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 …

City & County^ ^ On the 21tfa day of November 1755 The of Albany. ^' \ Deponents M^ Peter Livingston Dirck Swart Timothy Connor Jacob Decker and James Elliott appeared before me Dirck : W: Ten BroeckEsq^ one of his Majesties Justices of tlie Peace for the City & County of Albany and Made Oath on the Holy Evingelist of Almighty God That they on the 20^^ day of this Instant went …

with an order from His Excelency Gov 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 appeai-red 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 …

The Deponants Farther Deposeth that Tim° 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 Gov>^ Sliirley or the Boston Court he made Answer tliat they had Bought the Lands and Paid for them from tlie Committee from the Massachusetts and that the Lands did not belong to M"" Livingston nor the …

Eeenter and take Possesion of tlie Farms and Tenements of which vhey 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 Twenty eth day of November 1755 The Deponants By order of Robert Livingston Juui" Esq^ went to their respective ]iabitations and Read to them a Coppy of His …

This Twentyfirst day of NoV 1755 appeared before me Dirck W : Ten Broeck one of his Majesties Justices of the peace for the City & County of Albany Peter Livingston Dirck Swart Tim° Connor Jacob Decker 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 …

Tlie Council were of Opinion that the Facts are not sufficiently proved to Warrant the Issuing a Proclamation to Apprehend the Rioters and therefore that M^ 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, tliat the Council may …

His Honour laid before the Council a Letter from Rob* Livingston Jun^' Esq. of the 23*1 May last, inclosing sundry affidavits setting forth the Circumstances of a late Riot in tlie Manor of Livingston, whereby two persons lost their hves ; taken in pursuance of the Order of this Board on the 14^'' uli^ wMch Letter and affidavits being read and the Council having Considered the …

Whereas it appears tliat certain persons residing in or near the Eastern Borders of this Province, liave entered into a Combination to dispossess Robert Livingston Junior Esq^' 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 …

Notwithstanding which clear and manifest Riglit on the part of this Government, the said persons not content with their former Intrusions on liis Majesty's Lands within the same, first began to carry their desi^-ns into Execution by endeavouring to Corrupt and turn M^ Livingston's own Tenants against him, in whicli they so far succeeded that several Persons wlio till within a …

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 …

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 tliis province, to forbear and refrain from such violent and unjust proceedings as every instance of that nature will be punislied v. ith the utmost rigour of the Law. And tliat the …

And all his Majesty's Subjects in the said Counties of Albany and Dutchess, are to give due Assistance to the said Slieriis within their respective Counties^ wlio 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 …

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 tlie 7'^ 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 …

About four months ago we presented a Petition to the Honrb'e Judges of the Supreme Court Setting fortJi the Lenth of our Confiument without any proceedings had ag^^ us on the Indictment found, k Our Earnest desire of having long wished for a Legal Trial, or to be Admitted to Bail or Otliervvays Relieved as tlieir Honors sliould think fitt ; We also presented that our poor …

Last nig^'it 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 tliey now find that no further …

I am apprehensive he will not truly inform the mob, at Ms return how he was received, and dismissed by his Honour, 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 Procjcimatiou prohibiting this mob, or any others to, trouble me in tlAs manner, in tlie Mannor, under penelty of fine …

I have also inclosed a Letter of Josiah Loomis one of tlie heads or Chief of these Rioters, to one of my Tenants at Tachkanick warning him of the Farm &i^ as you'll See by the Letter, & by which it plainly appears these bandity intend to come witli a body in the Spring to turn of my Tenants & Settle themselves 82G PAPERS RELATING TO THE Itrovided the Government does not …

If you can suggest to his Hon'' any better or more Effectual method to prevent this mob's giving me any further trouble, or if his Hour can propose any thing more agreable to Mm and the Gentlemen of tlie Councill to Effect tliis 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 …

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 tliem to New York in order to procui-e Title from the Governor for the Land at Taghkanick their farther Resolutions were to Every man make his Pitch and Settle tins Spring it appears to me tiiese Turbilent folks will Give …

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 tlie Manor of Livingston, in the Colony of J\'ew- York, and the Tenants holding under him, of the Lands comprised within t'le said ^^anor, under Pretence of Title from the Government …