[No. 3174.]

The Governor Approves an Advance of One Thousand Dollars to Lieutenant Colbreath.

Albany August 25th 1780.

Sir, Exclusive of the two thousand Dollars you ordered me to pay to Lieut. Colbreath, of the 3d Regiment, I paid him one thousand Dollars on the 25th July, for which I have no order. Will your Excellency be pleased to signify your approbation of it, I, am Sir, Your Very Humble Servant,

Gerard Bancker.

His Excellency Gov'r Clinton.

Pokeepsie Sept. 13" 1780.

Sir, I have rec'd your Letter of the 25 ulto. informing me of your hav'g advanced a farther sum of 1000 D'rs to Lieut. Colbreath and I now signify my approbation of it. I am

[To Gerard Bancker.]

[No. 3175.]

[G. C.]

Governor Clinton Answers Commissary Stevens' Letter Referring to

Supplies.

Pokeepsie, Aug't 26th 1780.

S'r, I have rec'd your Letter of yesterday. Colo. Hay the agent for procuring Supplies in this State for the army has appointed his assistants in the diff't Parts of the State & given them the necessary Directions for executing the Business committed to them. I have not had any Returns made me, neither can I by any Information I have rec'd, form any estimate of the Supplies already procured or of the future Prospects. He is the proper Person to apply to on this occasion & he will meet

with every assistance which it may be in my Power to afford him. It may be proper to inform you, that if the agent shoud be able to procure any number of Cattle, I have no authority to order them to Fishkill, as by the Direction of the Commander in Chief, they are to be delivered at Albany where it is to be presumed they are wanted. I am &c.

Nath'l Stevens, Esqr.

G: Clinton.

. [No. 3176.]

General Ten Broeck Ordered to Assemble His Command at Saratoga in View of Sir John Johnson's Reported Advance.

Pokeepsie Aug't 26th 1780.

D'r S'r, By a Letter this moment rec'd from Genl. V Rensselaer, I am informed that a body of the Enemy under the command of S'r John Johnson are coming on towards Johns Town. I have, therefore, to request that you will immediately order the militia of the northern Part of your Brigade, to be assembled at Saratoga, & there held in the most perfect readiness to march across the Country on the first appearance or approach of the Enemy, to intercept their Retreat. You will likewise afford Genl. V Rensselaer every possible aid from the other Parts of your Brigade to enable him to operate ag't them in front.

It is suggested that some disatisfaction has taken Place in y'r Brigade on account of the Exempt Corps not being ordered out with the militia; by Law, they are subject to equal Duties w'th the militia, especially in Cases of Invassion & it has always been my intentions that they should bear an equal proportion of the common burthen. You will, therefore, include them in your Orders on the present & every future simular Occassion. You

will correspond with Genl. V Rensselaer & the other Officers on the Frontiers & agreable to the acc'ts you may receive, in your Discretion continue or dismiss the militia. I am &c.

Brig'r Genl. Ten Broeck.

G: Clinton.

[No. 3177.]

Disposition of Several State Prisoners.

Sir, Notwithstanding any former Order you may have received, you are on the Receipt of this Order, to convey Thomas Bull, Prisoner to this State, to the Common gaol at this Place & there deliver him to the Sheriff of Dutchess County or his Dep'y, who is hereby directed to receive & Confine him in the said gaol & to be governed in his Conduct towards the said Prisoner by the Orders he may receive from the Commissary of Prisoners of this State. Given at Pokeepsie, in Dutchess County, the 27th Aug't, 1780.

Directed as within.

G. C.

Sir, You are on Receipt of this Order notwithstanding any former Order you may have received on the Subject, convey Henry Van Schaack, David Van Schaack & Mathew Goes, Prisoners to the State of New York, under safe Conduct to the Common gaol at Goshen, in Orange County, & there deliver them to the Sheriff of the said County or his Deputy, who is hereby directed to receive & confine them in the said gaol & to be governed in his Conduct as to their Confinement by the Orders he shall from Time to Time receive from the Commissary of

Prisoners of this State for the Time being. Given at Pokeepsie, the 27th Day of Aug't, 1780.

Geo. Clinton.

To the Officer having Charge of the Prisoners mentioned in the above order.

[No. 3178.]

AN EPISODE IN THE LIFE OF JUDGE BELKNAP.

Lieutenant Sullivan's Vigorous Methods of Subordinating the Civil to Military Law.

On the 22d Day of August 1780 Elnathan Foster of New Burgh, Farmer, applied to me for a warrant against J. Sullivan, a Lieutenant of Col. Millard's Regiment of Light Dragoons, for forceably puting a Number of Horses into his Meadow without his Consent; upon which I issued a warrant and Sullivan was taken, and of his Choise whent before John Nicoll, Esqr., who by a Note Requested my attendance with him on the Troyal; the Troyal came on the 23d when the Determination of the Court was, that Sullivan Pay the Cost, the Damages to be appraised according to Law and Paid to Foster by and the Horses to Remain in Foster's Enclosure untill I could procure Pasture as near the Post as Possible. The 24th I made Return of Pasture to the Quarter master and Requested Sullivan to Remove the Horses immediately to the Pasture Provided for him. He nevertheless obstinately Refused to Direct the Horses to be Removed. Foster then applied to me for a Second warrant against him. I granted it. Sullivan then Refused to be taken, and then on the 26th on application of said Foster, I issued a third warrant against the Persons who had the keeping or Care of the Horses, with Directions for the Constable to take assistance and Remove the Horses, upon which Five Horses, and William Denton, one of the Persons who had the Care of them, was taken and brought before me at Martin Wygant's. When Sullivan with a Guard of about 10 men, under arms, with Fixed Bayonets came, and the said Sullivan insulted and abused me with the most menacing abusive Language, Pointing his Drawn Sword at me, Calling me a Dam'd Rascall &c. Then abused the Constable, struck him with his Drawn Sword, Demanded the warrant out of his hands, read it, and threw it away on the Ground; he then Refused the Prisoner and the Horses, and then Swore by ... that he would have them in spite of the Civil authority, and then ordered his Guard to Bayonet the first man that should attempt to oppose them. The above is a true State of my Proceeding against, and the abuse I, together with the Constable, Received from the said Sullivan, as near as I can Recollect. Witness my Hand the 29th of August 1780.

Abel Belknap.

August the 25th, 1780.

Sir, I receiv'd a note from you yesterday, desiring me in a very insolent & peremptory manner to send my horses to Mr. Coleman; or to apply to the Q. M. I do not recollect. I accordingly went this morning to Mr. Coleman, who happen'd not to be at home, and his wife inform'd me, that he had no pasture but what was three miles from thence. You know, Sir, I can not have the horses at such distance; the few men that are with me, being continually employ'd at work for the regt. & consequently can not attend them. I am determined, therefore, Sir. that the horses shall not be remov'd; till pasture can be procur'd more convenient to the men. And indeed it is not worth procuring any as I shall sett [out] for the regt. in two days. Sir, you ought to be asham'd of such conduct; so inconsistent with the character of an honest man and a good magistrate, that had the interest of his country at heart, to propose to send those horses in the country again, when you know their shoes have been taken off; and were rode to such a degree by the inhabitants, as render'd them in a manner unfit for service this campain. Your aversion to the army is the only motive you can have

in acting in so ungentlemanlike a manner. But you shou'd consider, Sir, that those horses are much yours as mine; that they belong to the public & consequently shou'd be provided for. From what I have seen of you, you are such an illiterate & at the same time so hot-headed an old gentleman, that it is altogether useless to reason with you on any subject; and thought, therefore, most expedient to give you my opinion of you in writing. For indeed no man of sense cou'd hear you five minits with patience, as you are a meer composition of obstinacy & fat contented ignorance ". Your ungentlemanlike behaviour in regard to me, woud I assure you, Sir, have met with its desert, were you worthy the attention of a Gentleman.

Esqr. Bellnap

Ulster County SS:

J. Sullivan.

Personally came and appeared before me Wolvert Ecker, Esqr., one of the State Justises, being of full age and duely Swon, Deposeth and Saith, that on Saterday the 26th Inst. he was at the House of Martin Wygant at New Burgh, when he understood that one Lieutenant Sullivan of Mallard's Regiment of Light Dragoons, had Forceably put a Number of Horses into the Meadow of Elnathan Foster, and that the Horses had been taken out and a Person who had the Care of them, taken by a warrant issued by Abel Belknap, Esqr., who was then Present. That soon after this Deponant saw the said Sullivan march up to the House at the Head of a guard of about 10 men in arms with Fixed Bayonets, when he Demanded the Horses and prisoner aforesaid, and then took them by Force from the Constable, abusing the Majestrate in the most menacing Language, Pointing and steping towards him with his Drawn Sword, Calling him a Damd Rascal, and Enemy to his Country and the army &c., abusing the Constable in like manner; he then marched of with the Horses and Prisoner aforesaid, ordering his guard to Bayonet any man that should attempt to Rescue them. And further this Deponant saith, that he heard the said Sullivan say that he would have them in spite of the authority, and further this Deponent saith not. Sworn before me the 29th Aug't, 1780.

Thos. Palmer.

Wolvert Ecker.

Ulster County SS:

Personally appear'd before me Abel Belknap, Esqr., one of the state Justices of the Peice, Lieut. Jedidiah Stickney, and Being Duly sworn Deposeth and Saith, that Lieut. John Sulliven, of Coll. Morland's Regt., of horse applyed to this Deponent for the Firelocks of the men under his Command, and at the same time told this Deponent that he wanted them to take some bad Fellows; that this Deponent asked David Brooks, Dept. Clother Genll, whose store the Deponent, with his men and arms was Imployed in Guarding, whether it would be Prudent for him to let the arms go, upon which the s'd Brooks told this Deponent that he thought the said Sulliven would make a Prudent use of them. And Further this Deponent saith, that said Brooks, told him that he should not Come to any Damage as he Could see; upon which this Deponent, let said Sulliven have the arms of the men then under his Command. And Further this Deponent saith not.

Sworn Before me this 6th Sep'r '80.

Jedidiah Sticknee, Lieut.

Abel Belknap, Justies.

Sworn Before me the Day above menchend.

Ulster County Precinct Newburgh.

Personally appeared before me John Robinson one of the people's Justices, Benj'm Birdsall, being of full age duly sworn deposeth and saith, that he was at the house of Martin Wigants on the 26th day of August on Publick business, where was many of the Neighbours & assessors of above s'd Precinct, Abel Belknap, Esqr., being one of the number. I heard s'd Abel Belknap, Esqr., say that he had granted a warrant against one Sullivan, a Lieut. of the light Horse, for Putting his horses into and keeping them in Elnathan Foster's Medow without Orders, or Reason by force of arms, and said that the Constable could not serve the warrant by Reason that he kept himself shut up in the Cloathing store and would not be taken; then in my Presence granted a warrant to the Constable to take the Sentury and horses; the Coustable then ordered me and several of the Neighbours to assist him in taking them, which we did; then three of s'd Sullivan's men appeared with Pistols, Cocked them and demanded his