Mr INGERSOLE JOHN HALENBAKE TO MR INGERSOL Sheffield May the 19, 1755. SIR-To inform you that Livingston is now & Conner & all his men at Taconnet and the murderer is with them a building a fort and they have brought three Several Guns with them, and I would pray you to read this letter to the Committee and inform the Court that Darick Spur is kept by Livingston so as he cant come down to the court he is very angry with him for coming into Sheffield among the English and hath warn'd him out of his house he cannot come down to the court for they keep him up & would not let him come down. no more but remain vour Friend to Serve Copy examin'd. JOHN HOLBIGG. AFFIDAVIT. JOHN HOLLAMBIGG of lawful age testifys that on Monday last afternoon being at his fathers Dwelling house on country land so called West of Sheffield on the west side of Taghkanuck mountain, and on the Land in dispute between and claim'd by both the Govts of the Massachusetts Bay and New York his Brother Dirk Hollambig aged abt 19 years & his sister Cornelia Hollambigg aged abt 17 years both came home to his fathers house aforsaid from his uncle John Hollambiggs & inform'd them as follows vizt That one Tim Conner & a considerable number of men to the number of 30 or 40 (they not being able to number them exactly) came to the Dwelling house of the Deponts said uncle John Hollanıbiggs on the same controverted countrey Lands & brought wth them 3 Swivel Guns, & Barrells suppos'd to contain Store of provision & ammunition, and that the sd Conner & company enter'd his sd Uncle Johns Dwelling house & broke a hole thro' the back part of the chimney & then planted one of the Swivel Guns, & another hole thro the back part of the house & planted another there and tore down a sort of log shop or house adjoyning in order to have fair prospect and play wth the Gun, and that the sd Conner & Company said they were going to build a fort there & that Mr Livingston was soon to follow after with 100 men more and also yt they brot a Wench with them to dress provisions & serve as cook, and that his aunt (wife of his uncle John aforesd and his Sister in Law his Brother Roberts wife) came from the same place at the same time to his fathers house afores & said they had talk'd wth Conner & his men & they confirm'd the above acct of his Bror Dirck & sister Cornelia & further saith not. Springfield May 22, 1755. JOHN HOLLAMBIGG. Hampshire ss May 22, 1755. John Hollambigg personally appearing made Oath that the above Declaration by him Subscribed is the truth & nothing but the truth. GOV. SHIRLEY TO LT. GOV. DELANCEY. SIR Boston May 25. 1755. Since closing mine of the 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 the Sheriff of Albany and others bound over to that Court, on acct of the Riots upon the Borders, and of Mr Levingstons men there in Custody; by the former of them your Honour will see, that the Sheriff and others were continued upon their Recognizances to the next Court, and gone from Springfield before my Orders for entering a noli prosequi arriv'd there; and by the latter, that the Execution of my Orders were suspended with regard to Mr Levingston's men on account of some New Violences (contain'd in the copy of the Inclosed Depositions) having been Committed by some of his People; Among whom your Honour will observe it is said, that he that kill'd Race was seen; However, upon the Receipt of the last mention'd Return, giving an account of the Suspension of my orders as to Mr Levingston's Workmen, which was sent me by Express, I instantly sent the Messenger back to Springfield with Orders to have Mr Levingstons Men sent towards Albany to be deliver'd upon the like Release of the People belonging to this Province, whom your Government hath detain'd according to your Honour's proposal; Depending entirely that you will Cause an Inquiry to be forthwith made into these New Violences on the part of Your Province, and take effectual Measures for putting an Immediate End to them. ROBT LIVINGSTON TO LT 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 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 some method or other for the Protection, Peace, & Safety of those, who claim under this Colony. It is Impossible for the Tenants in my Manor, the people of Claverack, Kinderhook and parts adjacent, who are poor and Live on scattered Farms, to Maintain their Possessions, against an Armed Body of Men, Who are easily collected and sent out, from the Western Towns & settlements of the Massachusets Government; and unless a Speedy stop is put to their Encroachments, we have great Reason to expect, that they will in a Short time, extend their Possessions as far as Hudson's River- Your Honour will find by the Inclosed Letter, that above one Hundred Armed men, were Last week Laying out Townships in mine, and the Manor of Renslaerwick; The Account of Such a Body, so alarmed the Inhabitants, that upwards of Forty of them, betook themselves for Protection, to a small Inclosure, and Lived together Armed, from the 16th till the 24th Instant, when they were Informed, that the New England men were returned home. 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 this 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, that the Repetition of these Irruptions. must naturally tend to Subdue the Spirits of our Inhabitants, and Either Induce them to Abandon their Farms, or hold them under the Massachuset's Bay Government. The very next week, the Committee will again be convened upon the Borders, and what may be the Consequence of their proceeding any further, I know not, but fear the worst- I thank Your Honour, for the favour of Your Promise, to lay the inclosed before the Council, and hope with Submission, that Your Honour and that Board, will think proper to send an Express to Boston, to prevent if possible, the Committee's making any further Encroachments upon this Province. I should be glad to receive Your Honour's Directions, if any are necessary to be sent, to the Judges and Justices of Albany, with respect to the prisoners that we have apprehended, who are either imprisoned or bound over to appear there, at the next General Session of the Peace, which will open on the first Tuesday of next month. Relying upon the Vigilance and Activity of this Government, for the restoring a General Tranquility to the poor People on the Borders I am with all due respects, New York 29th May. 1755. Your Honours most humble Servt MESSRS SMITH & LIVINGSTON TO LT. GOV. DELANCEY; ENCLOSED IN THE PRECEDING. MAY IT PLEASE YOUR HONOR New York 28th May 1755. In Obedience to Your Order of Yesterday, we beg leave to lay before You in Writing, the Account then Verbally given, concerning the Proceedings of Sundry Persons of the Massachuset's Bay Government last Week. On Friday the 16th Instant, at the Request of Robert Livingston Jun1 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 Tachonick, and were there informed, that about One Hundred Men had in the Morning, passed Southward under the west Side of Tachonick Mountains, and from thence Westward towards Hudson's River, and that their Business was to run lines for new Townships, to be laid out and settled under the Massachuset's Bay Government. In the Evening we arrived at Sheffield, and were informed that the Company who were gone out from thence; consisted of about One hundred and Ten men. Here we found the Committee, who were Brigadier Dwight, Coll Choat and Major Hawley: We held a Conferrence with them, upon the Dispute between the two Governments, laid before them an Office Copy of the Report of Council of the 8th Instant, and informed them, that an Express was gone from Your Honour, to his Excellency Governour Shirley, and urged the Committee, by the Prospects of a Speedy Settlement of the Line of Jurisdiction, and the Consideration of the mischiefs and Blood Shed, that would probably ensue upon their proceeding any further at present, to desist from the Execution of their Powers, or at least to Postpone it for a few Days untill it could be known how your Honour's Letter and the Advice of Council, were Received by their Governour and Council. 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 that such Courses, had no suitable Tendency, to bring about a Settlement, but Still alledged in their own Justification, that their Government, had made reasonable Proposals to the Province of New York for an Accomadation or Settlement of the Dispute, which being rejected, rendered it proper for the Massachuset's Bay, to extend its Jurisdiction & Possessions, as far westward as its Right did extend. We were very particular in our Inquiries, as to the Nature of those offers, and the time of their being made Brigadier Dwight and Major Hawley confessed, that their knowledge concerning them depended upon frequent Informations, which they believed to be true-but Collo Choat declared, that he was in the House of Representatives, when they concurred in the Offers Last Winter, and moved an Amendment, which he carried, That the Tenor of the Proposals was for each Province, to chuse two Commissioners in the Nature of Referees to settle the Line, granting them power to Chuse a fifth man, if they should happen to be equally divided: That their Adjudication was not to be final without his Majesty's Confirmation, but that untill Such Confirmation, the Jurisdiction of both Provinces, was to be regulated by the Judgment of the Commissioners. Collo Choate would not take upon him to assert, that Mr Shirley had transmitted an Account of these Proposals to this Province, but believed he had and thought that he had seen a Letter from Your Honour to Mr Shirley, declining a Compliance with their offer. The next morning we offered the Committee, a Copy of the Minute of Council of the 8th Instant, and beged a Copy of the Vote of the General Court, under which they now acted, but the Gentlemen declined the former, and refused the latter which nevertheless they permitted us to peruse. The purport of it, was, as well as we can remember, to enable them, to grant Rights under the Massachusetts Bay, West of Sheffield & Stockbridge, as far as to the Province of New York. We observed to the Committee, that they had a dangerous part to act, their Government Reserving by this Vote, a Right of Judging any of the Lands they might grant, to be within or without the Province of New York. At Springfield on the 20 Instant, Coll' Partridge also insisted, that the Massachuset's Bay Government, had made that offer last winter of which Coll Choat had informed us, and assured us, that he had seen a Letter from Your Honour to Governor Shirley, declining an Acceptance of the Proposals-Collo Williams and Collo Worthington, declared that they had often heard, and beleived it to be true, that such offers, had been made by that Government, and refused by this ; & Collo Dwight of Springfield, afterwards confirmed the same Account. Collo Choat spent the Evening with us, and seemed then to declare with more Certainty, concerning Your Honours Letter to Mr Shirley, than he had done before at Sheffield. While we were at Springfield, Abraham Yates Esq" the Sheriff of Albany, arrived with Dispatches from Mr Shirley to Messrs Dwight Williams and Worthington; and we accordingly waited upon these Gentlemen, to know the Contents of His Excellency's Letters, and were informed that they were desired, to Bail James Elliot and the other Prisoners, that were apprehended upon the Death of One Race, if they were not Charged with the Actual Murder. And that the Court of Sessions, which was to be opened on that day, were also desired, to Continue Abraham Yates and others on their Recognizances to the next Court. His Excellency having hopes, that the Provinces might come to some Agreement in the Interim. The Justices of the Court, refused to continue one Rossman, Who 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 that we urged, against so unreasonable a Proceeding, drawn from the Design, Operation, and Letter of the Recognizance, Mr Shirley's Letter, which desired that the Persons might be continued on their Recognizances, or their own former Practice, as declared by the Clerk of the Court, was sufficient to prevent the additional Trouble and Charge of giving a new Recognizance. In the Evening, we spent some time with Messrs Worthington Williams & Dwight, and pressed them to consider the Case of the Prisoners and Bail them if possible, We had laid before them, a VOL. III. 61 Printed Copy of Your Honour's Proclamation of the 28 April, and Contended, that the Prisoners being present at the killing of Race, when they were summoned to attend under the Proclamation, removed all suspicion of their being Criminal, even tho' it were admitted that Race had been murthered. 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 which we inclose) did not certainly charge the Prisoners with any Crime Whatsoever -Mr Worthington seemed to join in opinion that the Mittimus was Insufficient. The next morning we waited upon Collo Worthington, who informed us, that they had examined the Justice, by whose Warrant the Prisoners had been committed, and that they had determined, not to let them to Bail, without further Directions. Before we left Springfield, we enquired of Coll Choat, What the Committee had done at Sheffield, but he declined giving any other Information than that their Business there was not compleated. When we arrived at Sheffield, we were informed that the Committee were to return there in the week now next Ensuing, to lay out another Township; and that two Townships, each of the extent of Five miles West, from the Tachonick Mountains, & Seven miles North and South, had been laid out, which we Suppose, by the account given to us, must be chiefly in the Mannor of Renslaerwyck, and may perhaps include, a few Families Settled on the North side of the Mannor of Livingston. 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 the Lands against their Land Lords, Releases for One hundred Acres of Land each, and that the Residue of the Lands, were Sold or Released at Two Shillings lawful money per acre. Having thus concluded the Narrative, of the most Material, Transactions upon the Borders, We beg leave to Subscribe that we are, I have been credibly informed that the Sheriff of Albany County has sett four of the prisoners, which were Confin'd in his Goal, for taking & Carrying him to Sheffield, at Liberty; and that they are now at their respective homes in Collo Renselaers Mannor; this I think Extreamly hard while my folcks taken from my Iron works are still Confin'd in Springfield Goal, and a Committee from the General Court of the Massachusets Bay daily laying out Collo Renselaers & my lands, and giving Quit claims to his & my tenants for the Lands they live on. I cannot think your Honour has given these orders to our Sherriff without sufficient assurances from that Government that our folcks Should also be set at Liberty, and that a line of peace & Jurisdiction should be Immediately Settled, and in the mean time all should rest Quiet, and things be left as they where before, otherwise it would be laying Collo Renselaer & myself under very great hardships; as this affair Concerns me in a very tender point I must beg your Honour to lett me know |