present any Return and am affraid it will be impossible for me to compleat the Business in the Time limited by yr. Excellency; however, in this as I have always done as yr. Excellency well knows, I will exert myself and have your orders put into Execution without the loss of a moment. I am informed that Lt. Col: Cooper received the first Orders while I was at Fishkill, but I am very apprehensive that very little is yet done and that at this late day I will have the whole to do myself, which will much distress my already distressed Family, as I am just moved down and have every article for the winter to provide for my Family & no one to assist me, not even a man Servant can I get to hire to procure me a little firewood; however, as it is for my Country's good, I will cheerfully submitt to every inconveniency. Yesterday Lt. Wisenfelt waited on me to receive the men that are to be raised in my Regt. which was the first intimation I received ab't that Business, I immediatly sent off an Express to Col: Coopper, desiring him to meet Mr. Wisenfelt any myself at my House to inform us what he had done in that Business, & immediately to proceed to the raising of the men; he instead of meeting us, sent me a verbal message by the Express that he had too much Business to do and could not come & that he could not raise the Men, as he had not the Governor's warrant for so doing. What am I to do with such an officer as will not obey orders! if I arrest him it may prolong the Business, and leave him intirely at his Ease; however, I will be guided intirely by your Excellency's advice which I beg to have as soon as possible. Mrs. Hay joins me in wishing your Excellency and Mrs. Clinton the Compliments of the Season. And I am, Dear Sir, your Excellency's most obt. Humble Serv't His Excellency Governor Clinton. A. Hawkes Hay. [No. 3461.] Lieutenant Weissenfels Reports His Interview with Colonel Hay to Governor Clinton. Haverstraw Dec. 28th 1780. Sir, Amediatley at my arival at this plaice, I waited on Colo. Hay to receive the Diferent Commandants Names of Classes; who acquainted me that he was out of the State when that act was passed for Raisin Men, but wrote amediatly to Colo. Coopper to furnish me with the Same; who sent for answer back that he had not Recived your Excellency orders for Raissing them, so that I expect it will be some time before they Raise their Quota, some of the Companies are not as yet Classes. Amediatly at my Receiving the names, and Companies formed in Classes, will exert myself agreable to your Excellency order. I am, with Esteem your Excellence, most obedient Humble Ser❜t C. F. Weissenfels. His Excellency Gov'r Clinton. [No. 3462.] Joshua Myrick, Convicted of Stealing a Horse, Files a Petition for Pardon. To his Excellency George Clinton, Esquire, Governor &c. of the State of New York. May it please your Excellency. It is with the greatest confusion and most pungent contrision that I am in a Situation that constrains me to trouble your Excellency with this petition. It has been my misfortune to live in a part of the Country exposed from its nearness to the enemy, to the Depredations and violences of our intestine foes, by which means some time since I lost a valuable Horse & having had such Evidence, as convinced me that Benjamin Birdsall had entertained and concealed the Robber, before he carried my Horse to New York, I was determined to make reprisal, and do myself Immediate Justice on him. And as I am from principle a whig, I will not disguise the truth from your Excellency, but candidly confess, that I engaged Ebenezer Raymond, a neighbour of Mr. Birdsall, to take his Horse out of his stable and deliver him to me, which he did. This matter could not perhaps ever have been proved on me, if I had not used the same Candor before the majestrate, as I now do with your Excellency, the Reason of which was, that I was not concious that I had done Mr Birdsall any Injustice, or that I had Infringed any of the Laws of my Country, which I ever have deemed sacred, as I frequently had heard and really did believe that persons of Mr. Birdsall's Character were not within the protection of the Law, till Justice Patterson informed me of my fatal mistake. Thus, sir, my Ignorance of the Law, has brought at your Excellency's feet in the shameful Character of a Felon begging his Life, one who in every other respect, has ever Borne the Character of an Honest man, as a Citizen, and a zealous friend to his Country as an American. I beg, therefore, that my life may be given me, and a helpless Family be preserved from distress, that I may have it in my power by my future. Conduct, to convince my Country of my real contrision for the offence I have comitted against Society, and your Excellency that you have not extended your mercy to an improper object. And your Petitioner as in duty bound shall ever pray. Poghkeepsie Gaol, December 29th 1780. May it please your Excellency. Joshua Myrick. Reflections had on the case of an Individual, who a few days ago (touching matters of a criminal nature) stood fair and unsuspected in the esteem of his acquaintance, now assign'd over to a speedy execution as a capital offender, cant fail to Impress Humane minds with Sensations of a very serious nature. This as we conceive being the case of the unfortunate Joshua Merrick, your Excellency we are humby confident will receive this address (being the result of a conferrence had on the subject) as dictated by principles of disinterested benevolence; from the high opinion we have of the worthy characters composing the court from whence the Sentence has proceeded, we are assured that the most unprejudiced attention to the Spirit of the Law has rendered the Sentence unavoidable. We are Sencible that Fellony, by Law, Incurs the Penalty of Death, and also that perticular circumstances attending an offence of this kind which might exagerate or extenute the criminallity of the offender are not so immediatly matters of court enquiry, hence we think it has been esteemd expedient to lodge with some person or persons, (not confined to rules of Law) the Power of granting a reprieve to an Individual whom the Law has condemn'd, when thro an attention to perticular circumstances it may appear to be consistant with the Law of God and the good of the People. The takeing the Life of an Individual with views exclusive of the Benefitt ariscing to comunity therefrom, is no doubt esteem'd an object far from the Intention of the Law, and if the solem scenes already exhibitted to view touching the case refer'd to may be conceived of, as having so farr answered the Intention of the Law respecting the offender in Perticular and the People in general, as might Justifie the granting of a Pardon, we could by no means fail of acquiescing therein; as to the general character of the person refer'd to, we can say that previous to the present charge we have not esteem'd him as unworthy a rank amongst creditable member of community, and that Touching the charge on which his Sentence has been founded, we have reason to believe that unwarrentable and ill grounded Sentiment, with respect to pollitical matters, must have had an Injurious Influence on his conduct. On the whole we would beg leave to assure your Excellency that nothing but a Sence of duty would have induced us to have offered this address, and that we wish not to be understood as soliciting a repeieve in favour to the mere Passions of Individuals, when standing in competition with the grand object of public good, and that as we esteem the power of granting Pardons to be happily placed in your Excellency would of choice leave the matter to that wisdom in the exercise of which we shall fully acquiesce. Fredrecksburgh 26th December 1780. Benj'n Pelton, Capt., Joseph Dyckman, Capt., Daniel Pelton, Leiut'n., Philip Pelton, Benjamin Higgins, Capt. Solomon Hopkins, Lieut. Jabez Berry, . . .? John Mclean, Lt. John Berry, Constable Henry Ludinton, Peter O Terry, ? Thomas Baldwin, Esqr. John Crane, Capt., Isaac Crosby, Joseph Crane, Jur., Col. Joseph Drake, Nathan Paddack, Ichabad Lewis, V. D. M. Simeon Ryder, Jonathan Paddack, Mjr. Reubin Crosby, Nath'l Foster, Esqr. Thomas Paddack, Edward Rice, Amos Gons, David Crosby, Jur. Azor Barnum, Capt. Jonathan Kelley, William Penney, Elnathan Doane, Benj'n Ventress, Daniel Doane. To all whom it may concern. This certifies that in the execution of our office as commissioners of sequestration, we have often imployed Joshua Merryck and ever found him zealous in the cause of his country, active & honest. December 22, 1780. Henry Livingston, Jun. Dutchess County ss. Personally appeared, before me Nath'l Foster, Esquire one of the Justices of the peace for said County, the underwritten subscribers, and being duly sworn depose and say, that during the Course of the last fall, in the lower part of said County, it was commonly reported, that the Legislature of this state, had passed a Law, whereby those persons that are commonly distinguished by the name of Tories, were deprived of the Benefit and advantage of the Laws of said state, and that in the opinion of the several deponents, many persons in that quarter of the Country did really believe that the above report was true, and farther the Deponents say not. Rev'd Iccobod Lewis, Capt. Nath'l Scribner. Taken and acknowledged in December 24th, 1780. Before me Nath'l Foster, Justice P. [No. 3463.] Ebenezer Raymond, Sentenced to Death, Files a Petition for a To his Excellency George Clinton Esquire Governor &c. of the State of New York. May it please your Excellency, I hope I shall stand excused with your Excellency for giving you the trouble of this application when you consider that it is from ar unfortunate, a misguided and ignorant young man who stands condemned to Death (for what he now has fatally found was a Crime, but at the Time of Commission really Beleived was not) looking with a gleam of hope, to the only Fountain of mercy (in this life) from whence he can expect the continuance of his Existence." The Fact that I committed was not on my own suggestion, or for my own profit, but being applied to by an injured person, to assist him in doing himself Justice on one that I supposed had wronged him, I chearfully did the Fact for which I must now die, if your Excellency does not deign to reach the septer of mercy to me. It had been frequently reported, and I did believe that the Legislature of this State had passed a law putting those persons amongst us that we commonly distinguish by the name of Torys, out of the protection of the law, or I should not now have been in my dreadfull and humiliating situation, or your Excellency troubled with this petition. With respect to my political sentiments during the present Controversy. I will with candor confess that at the beginning of the warr, being young, I was perswaded to act the part of an Enemy, but I soon found my error, reprobated my conduct, and heartily joined my Country, & for near three years done my endeavor to assist her in her struggle for freedom. I married in a very reputable Whig Family, and a very considerable part of my distress, arises from a Consideration of the Scandal that devolves on the same by my unadvised Conduct. I beg your Excellency will grant me a pardon & give me an oppertunity to convince my Country by my future demeanor that the fault I have now committed, proceeded from an error in judgment, and not from a depraved Heart. And your petioner as in duty Bound shall ever pray. Poghkeepsie Gaol, December 29th 1780. Ebenezer Raymond. [No. 3464.] Orange Town's Assessments on Persons Whose Sons Have Gone to the Enemy. A Tax List made out in pursuance of the 5th section of an act of the Legislature of the state of New York, entitled "An act to Complete the Quota of troops of this state, to serve in the army of the United States, during the war." Pawlings Precinct Assessment on Tories. An assesment made agreable to Late act of the Legislature of this State Intiteled an act to Compleat the Quota of the troops of this State to serve in the army of the United States during the War, passed the 9 of Oct'r 1780, upon persons who have Son or Sons gone to or Joined the Enemy, made by the Supervisor and Assorsors of Pauldings precinct this 30 Day of December A D 1780. William Pearce, Benj'n Elliott, Eliab Willcox, Benj'm Shearman, Assesors. To his Excelency George Clinton, Gov'r & Commander in Cheif in & over the State of New York &c. |