MINUTES

of

Commissioners

for

Conspiracies

Frontispiece, Vol. i
4

First Page of Original Minutes, written by

Jeremiah Van Rcnsselaer and signed at different times

by Commissioners of Conspiracies

(One-half reduced)

MINUTES of the

Commissioners for detecting
and defeating Conspiracies
IN THE STATE OF NEW YORK

ALBANY COUNTY SESSIONS, 1778-1781

Edited by VICTOR HUGO PALTSITS, State Historian
VOLUME 1:1/78-1779

3333. -A. R

f OF THE

fl UNIVERS

UN; Y J

,

PUBLISHED by the STATE OF NEW YORK, ALBANY, 1909

STATE HISTORIAN S OFFICE,

ALBANY, N. Y.
DEAR SIR :

Kindly return by mail the attached card as an acknowledg
ment of the receipt of the volumes mentioned thereon. Failure
to return this acknowledgment will be assumed to mean that
you are no longer desirous of receiving the publications of this

office.

Yours very truly,

VICTOR HUGO PALTSITS,

State Historian.

"I-7-W-2200 (18-C.7W)

REPORTED TO THE LEGISLATURE
April 5th, 1909

Albany, N. Y.

J. B. Lyon Company, State Printers
1909

TABLE OF CONTENTS.

Page

Table of Contents 5

Introduction Chapter I : Inquisitorial Bodies of New
York during the American Revolution Origin of the
Commissioners for detecting and defeating Con
spiracies Their legal Status Development of their
Authority and Powers Complaints against their Jur
isdiction Repealed and vested in Courts 9

Introduction Chapter II: Operation of the Function of
the Commissioners as revealed by the Proceedings of
the Albany County Board. General Statement of Or
ganization Counterfeiters Deserters Murders
Passes Prisoners Protection Rangers Relations
with other Boards and with Local Committees Rob
beries and Plunder Toryism and Disaffection

Treason 35

The Manuscript 63

List of Commissioners for Conspiracies 67

Schedule of Meetings 69

Record of Attendances 73

Half-Title to Manuscript, Volume 1 77

Minutes 79

Half-Title to Manuscript, Volume II 297

Minutes (Continued) 299

Half-Title to Appendixes 775

Appendix I : Laws 777

Appendix II: Financial Accounts 803

Appendix III : Miscellanea 829

Analytical Index Volume III

192942

FACSIMILES.

First page of the Minutes, exhibiting the Oath, in the hand
writing of Jeremiah Van Rensselaer, signed at different
times by the Commissioners Frontispiece to Vol. I.

Page of Minutes written by Mathew Visscher and Leonard
Gansevoort, Jr Vol. I, opposite p. 94

Gansevoort s Oath as Secretary, entirely in his own hand
writing Vol. I, opposite p. 292

First page of rough draft (an insert) in the second manu
script volume, with emendations by Leonard Gansevoort,
Jr Frontispiece to Vol. II.

Page of the clean copy of the second volume, showing Ganse
voort s reappointment as Secretary. Vol. II, opposite p. 440

Gansevoort s full Bill for Services as Secretary to the Albany
Board Vol. II, opposite p. 803

INTRODUCTION.

CHAPTER I.

INQUISITORIAL BODIES OF NEW YORK DURING THE AMERICAN
REVOLUTION ORIGIN OF THE COMMISSIONERS FOR DE
TECTING AND DEFEATING CONSPIRACIES THEIR LEGAL
STATUS DEVELOPMENT OF THEIR AUTHORITY AND
POWERS COMPLAINTS AGAINST THEIR JURISDICTION
REPEALED AND VESTED IN COURTS.

It is not the design of this introduction to hold a brief
for the defense of the laws of the State of New York and
their operation against toryism, nor to analyze the virtues or
vices of the loyalist contingent during the American Revolu
tion. An attempt is made here to analyze the laws passed for
the repression of disaffection in the State, particularly as
related to the Commissioners for detecting and defeating
conspiracies, whose Albany minutes form these volumes, and
to digest some of the main features of the proceedings of these
commissioners, as operated under the laws by which they
were to be governed. The spectacular and dramatic conflict
between whigs and tories; the philosophical speculation as to
the probable economic and political gain or loss to the State
by this conflict and its determination, and an impassionate
estimate of loyalism as a principle, have been presented ably

io State of New York

by Van Tyne 1 and by Flick. 2 There is also a superabundance
of biased or partizan literature, on both sides, and pens and
printing presses are yet overworked in reproducing such
opinions.

On February 5, 1778, during its first session (1777-1778),
the legislature of New York passed its first bill for the creation
of a body of " Commissioners for detecting and defeating
Conspiracies " in the State and declaring their powers. The
idea was not a new one, for in conserving the State, against
the machinations of disaffected, disloyal or even decidely
inimical persons, progressive media had been determined and
executed by local and county committees, by the Provincial
Congresses and Convention and otherwise.

There was a definite relationship among all the bodies
growing out of the revolution. The Continental Congress
stood at the head; then came the Provincial Congress or
Convention, then the general committee on tories, then the
county committees, and at the base, the district committees/ 3
These various bodies varied in size, authority, procedure and
effectiveness. With the erection of constitutional government
in the State, toryism was more clearly defined and handled in
more summary fashion. "The inquisitorial methods and
machinery developed previous to the Declaration of Inde
pendence were continued by the Constitutional Convention
and by the new state government." 4

1 Van Tyne (Claude H.) The Loyalists in the American Revolution. New
York and London, 1902.

2 Flick. Loyalism in New York during the American Revolution. New
York, 1901 (Columbia University Studies in History, Economics and Public
Law, vol xiv, no. i). In this work the whole system of the inquisitorial
bodies of New York is given in admirable detail.

3 Ibid, p. 79.

4 Ibid, p. 117.

Introduction

The Provincial Congress had appointed a committee in
May, 1776, to deal with " intestine enemies/ As the trial of
persons accused as tories consumed much time, a standing
committee of five was appointed, on May 27, 1776, to hear
all cases of those arrested by the Congress or by the committee
of safety. But this committee was so deluged with arduous
duties, that a new committee consisting of nine members was
constituted and given enlarged powers. This last-mentioned
general committee was appointed to execute the resolves of
June 5, 1776, and lasted until dissolved by the Convention,
which " itself took cognizance of all urgent cases." The
invasion of New York by the British army at the south and
the threatened invasion from the north, coupled with the
difficulties imminent from a dangerous toryism, determined
the Convention to constitute a new inquisitorial committee
of seven members, on September 21, 1776, which was given a
perfected organization, and to which the county committees
became subordinate. This committee, after sitting almost
daily, adjourned on the last day of the year, reported to the
committee of safety within a week s time, and was dissolved
in February, 1777, only to be succeeded by another committee
of three. The powers and duties of the seven fell upon these
three men, who acted under instructions from the Convention.
They were, however, soon enlarged to five members, and,
on August 28, 1777, were again augmented to a membership
of nine men, being known as " Commissioners for detecting
and defeating all Conspiracies " when vested anew by the
newly-chosen legislature, on October 7, 1777, as an emergency
provision. They moved from place to place and, aided by
armed forces, sought out and arrested the enemies of the State.
It was deemed particularly important at this time that

12 State of New York

domestic foes should be suppressed or reclaimed, before
coping with Burgoyne s invasion. 1

In the original legislative act creative of the commissioners
whose Albany proceedings constitute these volumes, the
reasons given are "the present invasion of this State;"
" the disaffection of sundry of the Inhabitants of the same,"
and to guard and secure effectually the peace of the State
" against the wicked Machinations and Designs of the
Foreign and Domestic Foes thereof." 2 The governor, lieu
tenant governor or president of the senate, whichever at the
time administered the government of the State, was authorized
and empowered, from time to time, to appoint by a commis
sion " by and with the Advice and Consent of the Council of
Appointment, so many Persons, not exceeding ten, as he shall
think proper, to be Commissioners." 3 Any three of the com
missioners constituted a quorum for carrying out the pro
visions of the act. Their function was defined as having
power " to send for Persons and Papers, and administer
Oaths; and to apprehend and confine, or cause to be appre
hended and confined, in such Manner, and under such
Restrictions and Limitations, as to them shall appear
necessary, for the public Safety, all Persons, whose going at
large, shall, in the Judgment of the said Commissioners, or
any three of them, appear dangerous to the Safety of this
State. To take Bonds and Recognizances, from Time to
Time, to the People of this State, for the good Behaviour,
safe Custody, or Appearance of such of the said Persons,
and of all others, now confined for the like Cause, as they may

1 Summarised and adapted from Flick, pp. 66, 67, 119, 120, 123, 127, 128,
with revisions. The designations " board ", " commissioners " and " com
mittee " were used interchangeably as early as 1777.

2 Appendix I: Laws, Feb. 5, 1778.
Ibid.

Introduction

think proper, in such Sums, and upon such Conditions,
as unto them shall appear expedient; and the said Bonds and
Recognizances, if forfeited, to prosecute or to cancel and
release, upon such Terms and Conditions; and to discharge
from Confinement, any of the said Persons absolutely, and
without any Terms or Conditions, as they may think proper.
And also, from Time to Time, to make such Provision, for the
safe Custody, and comfortable Subsistence of all Persons,
who may from Time to Time be so confined as aforesaid,
in such Manner as they may think proper.

" Provided always, That by Reason or Colour of any Thing
herein contained, the said Commissioners, or any of them,
shall not be empowered to inflict any corporal Punishment,
upon any or either of the said Persons confined as aforesaid."
It was moreover provided " That no Judge or Magistrate,
shall bail any of the Persons, who may be confined by
Authority of the said Commissioners; and that no Court shall
deliver any of the Gaols, within this State, of any Person or
Persons, so confined as aforesaid, unless such Persons, shall
have been indicted, and tried for the Offence or Offences,
for which he or she, shall have been respectively committed/
Before entering upon his duties, each commissioner was
obliged to take the prescribed oath of office to " faithfully
execute and perform, for the Benefit and Advantage of the
People of the State of New- York, all and singular the Powers
and Authorities, by Force and Virtue of the said Act " given
to him. They were authorized to draw upon the public
treasury for sums of money, from time to time, not to exceed
in the whole the sum of five thousand pounds, and were
ordered to render a just and true account of their expendi
tures, and to keep regular minutes of all their proceedings,

14 State of New York

to be submitted, if required, " to the Consideration of the
Senate or Assembly, or to such Person or Persons, as shall be,
for that Purpose appointed/ For each day that he would be
actually engaged with the business of his trust, each com
missioner was to receive the sum of twenty shillings. The
act was made operative until November i, 1778, " and no
longer." 1

Now, although the act became operative on February 5,
1778, the proceedings of senate and assembly reveal that
the subject had been under careful consideration for some
time before, and had been interrupted by reverses of the
war. On September 23, 1777, Egbert Benson, assembly
man from Dutchess County, asked and was given leave to
introduce in the assembly a bill for appointing "Commis
sioners for Conspiracies, &c. and declaring their Powers,"
which was presented the following morning, read and
ordered to a second reading. It was read a second time
on September 25, and committed to a committee of the
whole house, whence it was reported by Ezra L Homme-
dieu, of Suffolk County, on the 26th, with several amend
ments and two added clauses; was passed up, read a
third time and ordered engrossed. The engrossed bill was
"read a third Time," so called, and passed in the assembly
on September 27, from whence it was now conveyed to the
senate for concurrence. On the last-mentioned day the
senate received the bill. It was read and ordered to a
second reading, which took place on the 29th, and was
then committed to the committee of the whole of the senate.
On October 3 Senator Jonathan Lawrence reported that
the bill had made some progress in the committee of the
1 Appendix I: Laws, Feb. 5, 1778.

Introduction 15

whole, but that leave to sit again was desired. On that
afternoon the senate, having again resolved itself into a
committee of the whole, requested permission for further
consideration of the bill. On the next day the bill was
reported with several amendments, was read and ordered
to be engrossed. Senator John Morin Scott, on October 6,
was ordered to carry the amended bill to the assembly for
its concurrence. That was as far as it got for some time,
because the news of the reduction by the British of Fort
Montgomery and its dependencies in the Highlands reached
both branches of the legislature at noon of October 7,
which induced many of the senators and assemblymen, who
held military commissions, to leave Kingston forthwith for
service, whilst others went away to conserve the safety of
their own households. But the legislature, on that day,
revived all of the county and district committees and the
former commissioners for conspiracies, both as to powers
and persons. Governor Clinton, on December 15, 1777,
issued a proclamation for reconvening the legislature on
January 5, 1778; but quorums of both houses did not
materialize before the I5th. On January 28, the assembly
again took up the engrossed amended bill, referred back
to it by the senate in the preceding year (October 6, 1777),
and concurred on the next morning. The amendments had
so defaced the bill that the assembly, on January 31, ordered
a newly engrossed copy, and on February 2, in its new form,
it was transmitted to the senate, where it passed the next
morning. The bill was returned to the assembly, where it
had originated. Having now been passed in both houses,
it was ordered, on the 4th, to be transmitted to the council
of revision, which gave its approval on February 5, 1778,
the date of actual enactment, yet a record of this cer-

1 6 State of New York

tification was made in the senate only on the loth of the
month. 1

Senator Abraham Yates, on March 20, 1778, asked formal
leave to introduce a bill amendatory of the act of February
5. In the committee of the whole his bill was altered in
title and amended in body; it was passed by the senate on
April 2, and forwarded by the hand of Senator Levi Pawling
to the assembly for concurrence. The house by unanimous
consent at once referred it to the committee of the whole,
where it was considered favorably and without alteration.
The bill passed the assembly on the 3d, not however with
out debate and opposition, five votes being on record against
it. It was returned to the senate immediately and ordered
by that body to be carried by Pawling to the council of
revision, where it received approval at once. 2 By this act
of April 3, 1778, the legislature authorized enlarging the
number of commissioners "not exceeding twenty," or thirty
altogether. As many quorums of three as were necessary,
at any time or place, were deemed legal for the execution
of the powers and authorities delegated to them. 3

Because it had been found that there were divers dis
affected and dangerous persons and families, resident at
or near the several posts and passes within the State, of

1 Votes and Proceedings of the Senate of the State of New- York, First session.
Fish-Kill: Samuel Loudon, 1777, pp. 18, 23, 24, 25, 26, 44, 53-54; Votes and
Proceedings of the Assembly of the State of New- York, First session. Kingston:
John Holt, 1777, pp. 17, 18, 19-20, 28, 38, 40, 41, 44, 45. The title-pages
of the votes were printed with the first signatures and before a volume was
completed; hence they actually bear dates earlier than the contents of their
respective volumes. This accounts for what might seem to be an incongruous
citation.

2 Senate Votes, cited supra, pp. 90, 91, 106, 108; Assembly Votes, cited
supra, pp. 104, 105, 106, 107.

3 Appendix I: Laws, April 3, 1778.

Introduction

whom there was " great Reason to believe " that they com
municated material information to the enemy, the legis
lature, on April i, 1778, passed an act 1 empowering the
governor or " person administering the Government " of the
State for the time being, to exercise his judgment " for the
public Safety, to cause all such dangerous disaffected Per
sons and Families, as now are, or hereafter shall happen to be
resident at or near any Post, Pass or Encampment, within
this State, to be removed to such other Place or Places
within the same, as he shall deem expedient." He was
obliged to " certify the Names of such Persons so removed,
and a Description of the Houses and Farms, from which
they shall be removed respectively, to the Commissioners
of Sequestration of the County, to which such Persons
shall be removed." These persons were to be put in posses
sion of sequestered farms or houses in the new county,
upon a moderate rental, and with due regard of the value
of their own farms or houses which they had left behind
them; but they were in no wise to gain a residence in the
new district, nor become a charge for maintenance therein.
The application of lenient measures for the suppression
of disaffection was ineffectual. It was found that many
persons had " affected to maintain a Neutrality," which
there was " Reason to suspect was in many Instances,
dictated by a Poverty of Spirit, and an undue Attachment
to Property." Divers of them " advocated the American
Cause till it became serious," then broke their paroles and
dissipated the forbearance of their countrymen, having
" ungratefully and insidiously from Time to Time, by artful
Misrepresentations, and a subtle Dissemination of Doc
trines, Fears and Apprehensions false in themselves, and

Appendix ! Laws, April i, 1778.

State of New York

injurious to the American Cause, seduced certain weak
minded Persons from the Duties they owed their Country."
Hence the legislature, by the act of June 30, I/78, 1 judged
that the welfare of the State " loudly " demanded that some
decisive measures should be taken against them, and that
the State should no longer grant shelter to persons who
" not only refuse to assist in rearing," but daily endeavored
to undermine and subvert the patriot government. By this
act passiveness was no longer to be respected. An out and
out patriotism was to be made manifest. All persons " of
neutral and equivocal Characters " were to be summoned
before quorums of the commissioners for detecting and
defeating conspiracies, whenever they believed any of them
to have " influence sufficient to do Mischief," and were to
take the new oath of allegiance or, if Quakers, to affirm.
By this oath or affirmation they declared, " without any
mental Reservation or Equivocation whatever," that the
State of New York was of right a free and independent
State, and that no authority or power could of right be
exercised in and over the State, save such as was granted
by or derived from its people. Every subscriber swore to
do his duty as became a " good Subject of the said Free and
Independent State of New York," to the best of his knowl
edge and ability. Persons summoned or brought before
the commissioners and who refused to take the oath or to
affirm, were to be forthwith removed " to any Place within
the Enemy s Lines," and their names were to be certified
by the commissioners to the secretary of the State, who was
required to record and file the certificates. Neutrals who
absconded or absented themselves to avoid the oath, were
to be summoned before the commissioners by publication,

Appendix I: Laws, June 30, 1778.

Introduction ig

to appear at a designated place within twenty-one days
from the date of the said publication in the newspapers.
Their default was adjudged equal to a refusal of the oath
or affirmation. Those who were removed or who defaulted
were declared as banished from the State; if discovered in
any part thereof, they were, upon conviction, to be adjudged
guilty of misprision of treason. All lands held in the State
by persons attainted, "on the twenty-sixth Day of June
Instant [1778], in Fee Simple or Fee Tail, or which may
hereafter be acquired by, or devised, granted, or descend"
to any of them, were forever thereafter to " be charged with
double Taxes, in whosesoever Hands the said Lands may
hereafter be." The immediate execution of this last man
date was prevented by subsequent tax acts, which provided
that only a single tax should be collected on lands of per
sons removed within the enemy s lines, until such time as
the legislature should make another provision for the collec
tion of the said extra taxes. 1 While the act of June 30,
1778, indicated removal forthwith within the British lines,
it provided a reservation, lodged in the governor or "Per
son administering the Government" for the time being,
who was to be notified by the commissioners prior to the
removal of persons, and who could detain and confine
those whom he adjudged proper for exchanges. All magis
trates, sheriffs and constables were ordered to assist the
commissioners in expediting the execution of the act.

As the first term of the commissioners was to expire on
the first of November, an act 2 was passed, October 29,
1778, continuing them "until twenty Days after the next

1 Laws of New York. Poughkeepsie: John Holt, 1782, pp. 96, 114.

2 Appendix I: Laws, Oct. 29, 1778. See also Assembly Votes. Pough
keepsie: John Holt, 1779, pp. 21, 24, 26, 27, 28, 30; Senate Votes. Fish-Kill:
Samuel Loudon, 1777, pp. 141, 143, 147,

2O State of New York

Meeting of the Legislature, and a Quorum of both Houses
shall be convened/ and an appropriation, not to exceed
the sum of three thousand pounds, was authorized. It was
at this time (November 2, 17/8) that a regular night watch
was ordered by statute 1 for the counties of Ulster, Tryon,
Charlotte, Dutchess and Albany, because the provisions of
the militia law had proved to be inefficient. Every able-
bodied male inhabitant, between the ages of sixteen and
sixty years, slaves and Indians excepted, was ordered to
do watch duty when called upon by the captain of a com
pany, beat or district, wherein he resided. Each watch was
to be composed of eight men. Certain persons were ex
empted from duty, among them commissioners for con
spiracies, save in the city of Albany and the town of Sche-
nectady, where clergymen alone were excepted. Later, on
October 13, 1779, the act was amended, 2 extending its
operation to Westchester and Orange counties.

The senate, on February 12, 1779, passed the following
order, 3 viz:

"Whereas the Commissioners for detecting and defeat
ing Conspiracies, are by Law required to keep regular
Minutes of all their Proceedings, in Order that the same
may be submitted to the Consideration of the Senate or
Assembly; and although no Complaints have been made
to this Senate of any Misconduct in the said Commissioners,
or any of them, nor has this Senate any Reason to believe
there are any Grounds for such Complaint, yet as the
Execution of their Office is of the utmost Importance to
the Weal of this State at this critical Juncture.

1 Laws of New York. Poughkeepsie: John Holt, 1782, pp. 46-47.

*Ibid, p. 80.

Senate Votes. Fish-Kill: Samuel Loudon, 1777, p. 173.

Introduction 21

" Ordered, therefore, That the said Commissioners lay
their Proceedings before this Senate, with all convenient
Speed, to the End, that the Legislature may make further
Provision, if necessary, with respect to dangerous and dis
affected Persons within this State."

The act of June 30, 1778, in so far as it bade immediate
removal within the British lines, worked harshly in some
cases. By the act of February 17, 1779,* the legislature
sought to hold open the door of recantation from toryism to
the last moment, averring it as a " sound Policy and common
Charity " to permit every person, who had refused or might
thereafter refuse to take the oath or affirmation, and who
would voluntarily offer to take it " before the Commencement
of his or her Removal," to be fully and wholly absolved from
the penalties of the law; except persons detained or confined
as exchanges. This act also recited the continuation of the
commissioners in the terms of the act of October 29, 1778.
When the bill was under discussion in the Senate, on Febru
ary 12, it contained a paragraph in amendments submitted by
the assembly, which directed the treasurer of the State to
advance to the commissioners, or any three of them, such
further sum or sums as they should from time to time require,
not exceeding three thousand pounds. From this, Senators
Richard Morris and Ebenezer Russell dissented, averring
that as former allowances had not been accounted for, it was
presumptive evidence that the whole amount had not as yet
been spent; that there had been no requisition for more

1 Appendix I: Laws, Feb. 17, 1779. A similar bill was rejected by the
assembly in the preceding November, notwithstanding that the commis
sioners for conspiracies had found such a provision desirable. See also
Assembly Votes. Poughkeepsie: John Holt, 1779, pp. 14, 17, 21, 24-5, 34,
37> 5 1 . 53. 59 63, 74; Senate Votes. Fish-Kill: Samuel London, 1777, pp. 164,
165, 166, 168, 171, 172, 175-6, 178.

22 State of New York

money from the commissioners to the senate hence the
granting of large sums of money to any office or officer
unasked, would be unprecedented and might, at some
future day, be dangerous to the revenues of the State. They
believed that a sufficient appropriation could be made at
another time, when suggested by exigencies, and that the bill
would be a proper subject for immediate legislation with the
omission of the extra grant. 1 It is apparent that the argu
ments did not appeal to the senate, as the act retained the
grant of three thousand pounds.

The committee for inquiring what laws were expired or
near expiring apprised the senate, on September 2, 1779,
that the expiration of the commissioners for conspiracies
was close at hand, and recommended their continuance.
Accordingly a bill was introduced at once; was amended in
title and body, engrossed, and passed the senate on the 8th.
On the following day in the assembly, whither it was referred
for concurrence, a motion was made to reject it, but failed
of passage. Yet again, in the committee of the whole house,
Egbert Benson sought to have the last recital and clause
expunged, and this was also defeated, only five other as
semblymen standing with him. However, an amendment
made in assembly was accepted by the senate. When the bill
reached the council of revision, they objected, " because it
appears from the Preamble, that the Laws, by the said Bill
intended to be continued, are already expired by their own
Limitation; and the enacting Clause containing no Words of
Revival or Re-enaction, the whole Law becomes nugatory, as
that cannot be continued which does not exist." Whereupon,
a bill to meet this criticism was introduced and became law

1 Senate Votes. Fish-Kill: Samuel Loudon, 1777, pp. 172, 175-6.

Introduction 23

on October I, 1779. This law revived the commissioners
and continued them until twenty days after the first day of
the next meeting of a quorum of senate and assembly, and
appropriated a sum not to exceed four thousand pounds.
As they had performed " divers Acts, Matters and Things "
ad interim, the legislature in this act validated them. Former
acts made no provision for the removal of a commissioner
or filling of vacancies, which authority was now vested in
the council of appointment. The appropriation bill, enacted
October 25, 1779, granted to the commissioners, or any three
of them, an additional sum of money, not to exceed in all
three thousand pounds, " to defray the Expence of the
Business committed to them." 2

An attempt made in assembly, on February 18, 1780, to
introduce a bill for reviving the commissioners, the act of
October I, 1779, having expired, was defeated. 3 Among
certain resolutions passed in assembly, on March 10, 1780,
was one recommending the creation of a joint committee of
three assemblymen and two senators, to examine and adjust
particular public accounts during the recess of the legislature,
including the accounts of the commissioners for conspiracies.
The intention was to have this committee render a report
to the next meeting of the legislature. When it reached the
senate, only one member, Sir James Jay, voted in the affirma
tive. 4

1 Appendix I: Laws, Oct. i, 1779. See also Assembly Votes. Fish-Kill;
Samuel Loudon, 1779, pp. 20, 22, 29, 33, 36, 37, 41, 47; Senate Votes. Fish-
Kill: Samuel Loudon, 1779, pp. n, 12, 13, 14, 21, 22, 23, 24, 25, 29, 30.

2 Laws of New York. Poughkeepsie: John Holt, 1782, p. 99. See also
Assembly Votes. Fish-Kill: Samuel Loudon, 1779, pp. 79-80.

1 Assembly Votes. Fish-Kill: Samuel Loudon, 1779, p. 117.
4 Assembly Votes. Idem, p. 149; Senate Votes. Idem, pp. 101-102; Assem
bly Papers Miscellaneous, vol. 2, p. 196.

24 State of New York

On March 13, 1780, an act 1 was passed, relative to British
deserters. The laws affecting the authority of the com
missioners, as already stated, had expired meanwhile. De
serters from the British lines who had come within any county
and were confined there in a common jail, could be released
by any two justices of the peace of the said county, by
entering into a recognizance, either with or without surety,
as the particular two justices might determine. It was
provided, however, that such persons should appear " at the
next Court of Oyer and Terminer and General Goal Deliv
ery " to be held in that county, and remain, meanwhile,
within the bounds limited to them by the justices. In
certain cases the justices could enlarge a person upon promise
of good behavior during the war. This jurisdiction did not
apply to persons who were in custody by virtue of a warrant
from a judge of the supreme court, nor to those whose
release from jail would be dangerous to the State. Nor was
the privilege of release to be construed as excusing any
person, so enlarged, from the performance of duty in the
militia of the State, and absence from the limited confines,
when upon such militia duty, was not deemed a breach of a
person s recognizance. Deserters from the British army,
who surrendered voluntarily to a justice of the peace, were to
be dealt with in all respects as provided for persons in actual
custody. If they were guilty of an offence committed after
leaving the British lines, the law could be invoked against
them. This act also revived certain powers of the commis
sioners for detecting and defeating conspiracies, relative to
persons formerly confined by their order, or bound by them by
recognizances. Any three of the former board were em
powered to release, in the usual manner, those whom they

1 Appendix I: Laws, March 13, 1780.

Introduction 25

had confined, or discharge the said recognizances; but ap
pearance of the respective persons before the courts of oyer
and terminer and general jail delivery was imposed as an
imperative obligation. This act 1 remained in force " until
thirty Days after the rising of the Legislature, at their next
Meeting."

A few weeks before the termination of its third session,
the legislature again revived the former laws relating to the
commissioners, by the act of June 14, ij$o. 2 The reasons
supplied in the act demanding their revival were apprehension
" that Emissaries from the Enemy are lurking in different
Parts of the State, and that the disaffected Inhabitants are
conspiring against the public Peace and Safety." The
commissioners were now to " continue and be in full Force
during the Continuance of the present War with Great
Britain;" were to receive each for a day s actual service the
sum of fourteen shillings " of the Money to be issued, agree
able to the Resolutions of Congress, of the eighteenth Day of
March last" [1780]; and the State treasurer was authorized
to advance money to them for their expenses, not to exceed
in the whole the sum of two thousand pounds.

On the day preceding the adjournment of its third session,
namely on July I, 1780, the legislature passed an act pertain
ing to the removal of the families of persons who had joined
the British. 3 Their habitations served to harbor secret
emissaries or conceal members of their families who had
come surreptitiously from the British lines " to gain Intelli
gence and commit Robberies, Thefts and Murders " upon

1 Appendix I: Laws, March 13, 1780.

*Ibid, June 14, 1780. See also Senate Votes. Fish-Kill: Samuel Loudon,
1779, pp. in, 112, 114, 119. The Assembly Votes of the third sitting of the
third session (May 23-July 2, 1780) were not printed.

3 Appendix I: Laws, July i, 1780.

26 State of New York

the inhabitants of the State. The deportation involved
wives and, " at their Discretion," all or any of their children
not above the age of twelve years. Their departure was
conditioned to be within twenty days after notice. This
notification was to be given by the justices of peace resident in
each ward, town, manor, precinct and district or, in the
absence of or for want of a justice, by the supervisor, and in
lieu of both by the commissioners for conspiracies. But any
three commissioners could issue permits and put an estoppel
upon removal. As soon as a justice of the peace or a super
visor notified persons to depart, certification of their names
and characters was to be given to some one board of the
commissioners. The next year, by the act of March 22,
1 78 1, 1 the commissioners, and each of them, or such person
or persons as were authorized by the governor, had power
to order the wives of tories to depart the State, in like manner
entrusted to justices of the peace and supervisors by the act of
July I, 1780. This new function gave them authority " to
take and sell all the Goods and Chattels in the Possession of
the Wives of Persons who have voluntarily gone over to and
joined, or shall hereafter go over to and join the Enemy,
and to apply the Monies arising therefrom, to defraying the
Expence of removing such Wives, and such of their respective
Children as are not above twelve Years of Age, within the
Lines of the Enemy." An accounting of such sales and
expenditures was required to be lodged with the auditor-
general of the State.

During the second meeting of the fourth session a number
of representations, which ventilated grievances, were re
ceived by both houses of the legislature from different
districts and precincts of the State. Among them was one

1 Appendix I: Laws, March 22, 1781.

Introduction 27

signed by a committee of twenty-three persons chosen by the
inhabitants of several of the precincts of Dutchess county.
It recited fourteen specific grievances as causing embarrass
ments to the State, the second of which was directed against
the commissioners for conspiracies and their powers. Upon
its reception by the senate, on February 9, 1781, that body
sent it to the committee of the whole. Similarly a committee
from several districts of Albany County signalized the
legislature by a representation of seventeen grievances,
dated February 16, which was smothered on the iyth by
reference to the committee of the whole house. The fifth
grievance stated that " the Star Chamber Court of commis
sioners for detecting & defeating conspiracies ought to be
abolished & that three men or more should be appointed in
each District by the civil Magistrates and field officers of said
District which men so appointed ought to be authorized &
required by Law to examine all persons of suspicious appear
ance & characters and detect, and prevent all conspiracies
and combinations against the good people of this, and the
United States by apprehending and bringing before the civil
magistrates all enemies to and Disturbers of the common
wealth with the witness against them. 5>1 The nature and
multiplicity of these grievances precluded separate con
sideration, whereupon both houses agreed to the appoint
ment of a joint committee " to prepare and report the Draft
of an Address from the Legislature to their Constituents, on
the subject of the several Matters, suggested as Grievances
in the Representations to the Legislature/ 2 This address

1 These original representations are in Assembly Papers Miscellaneous,
vol. 2, pp. 18, 38.

* Senate Votes (fourth session), pp. 43, 46, 50, 64, 69; Assembly Journal,
1781 (Albany, 1820), pp. 29, 31, 52, 54. The address of the legislature was
printed in pamphlet form by Samuel Loudon at Fishkill, for official circulation
among the people.

28 State of New York

was presented and read in the senate on March 13, 1781,
and is a masterful document. It answered the complaint
against the commissioners for conspiracies in the following
manner, viz.:

"The extraordinary Powers given to Commissioners for
defeating Conspiracies, may undoubtedly be justified by
our peculiar Situation, and by the Practice of all Nations
under similar Circumstances. On this Occasion, we are
again impelled to call on your Candour, and to ask (beset
as we are by avowed Enemies, and infested with concealed
Traitors, who with Facility maintain criminal Intercourse,
scatter the Seeds of Disaffection, and take Advantage of
the Credulity of the Honest, but uninformed) whether it is
not absolutely necessary, to be attentive to their Motions,
to compare Intelligence received from different Quarters,
to counteract the various Machinations they are incessantly
practising to subjugate us to British Tyranny, that the
Legislature should delegate such powers as these Com
missioners are invested with. From a Persuasion that you
conceived their Proceedings may, in some Instances, have
been improper, we do you the Justice to believe, that hence
your Complaints have originated; and we flatter our
selves, that on a more serious Consideration, you, as Friends
to your Country, will be impressed with the Necessity of
such Powers, and that they will be obnoxious to none but
the Disaffected. The Proceedings of these Commissioners
will, however, be submitted to the Inspection of a Com
mittee of both Houses, in Order to discover whether they
have abused their Authority." 1 Quite in contradistinction
to some of the complaints was a petition received in the
assembly, on March 5, 1781, from the field officers and

1 Senate Votes (fourth session), pp. 72-76.

Introduction 29

other officers of the militia, and sundry other inhabitants
of the east district of the manor- of Rensselaerwyck,
against a number of inimical persons who had convened
there, advising the inhabitants to lay down their arms and
give submission to the government of the King of Great
Britain. These petitioners requested that the commissioners
for conspiracies be given legal authority " to send such
disaffected persons to serve on board of the fleet of his most
Christian Majesty, or of the United States." 1

On February 20, 1782, a memorial to the legislature was
drawn up by Fonda, Beeckman and Stringer, commissioners
for conspiracies in Albany County, praying that provision be
made for defraying contingent charges and for compensating
them for their services. It was presented in both senate and
assembly and referred to special committees. 2

Copies of a petition were circulated among the inhab
itants of Westchester County early in 1782, directed against
the commissioners for conspiracies. It recited that, while
the extraordinary powers with which they were invested
might have been justified and permissible at an early period
of the war, when a constitutional form of government did
not exist, they were now but " a dead Cost to the Public
and entirely unnecessary." The petitioners believed that
through the vigilance of that county s whig population and
the zeal of its civil and military officers, toryism would be
repressed more effectively. They conceived the existence of
commissioners for conspiracies to be contrary to the intent
of the constitution of the State, which " declares the civil
and military Authority sufficient to govern the People,
where each Subject may have a fair and impartial Trial
by Jury; That grand Bulwark is here taken away by that

1 Assembly Journal, 1781 (Albany, 1820), p. 50.

Senate Votes (fifth session), p. 39; Assembly Votes (fifth session), p. 52.

30 State of New York

Board of Commissioners or otherwise may be deem d a
Tribunal with absolute and despotic Power." Seven copies
of this petition, 1 signed by about 215 persons, were received
in the assembly on March 19, 1782, and, after being read,
the joint petition was referred to a special committee, which
reported the next day as its opinion, that the act of June 14,
1780, relative to the commissioners, should be repealed.
This committee stated that it had prepared the draft of a
bill for that purpose and requested leave to present it to
the house. The title of the bill was " An Act to authorise
any two Justices of the Peace, to enlarge Persons who shall
desert from the Enemy, and to repeal the Law appointing
Commissioners for detecting and defeating Conspiracies."
It was ordered to a second reading. Meanwhile, on March
2i, the assembly received a petition 2 from Ebenezer Purdy,
Nathan Rockwell and Israel Honeywell, three of the com
missioners in Westchester County, dated the 4th, which
was referred to another committee. These commissioners
alluded to " some persons " who were " Clamorous as to
their powers." They did not " wish to Insinuate a desire
of Continuing in the Exercise of the office of Commissioners,
it being a very disagreeable task and Subject to Aspersions."
They sought means for resigning and for justifying their
conduct before the legislature. On the 22d the aforesaid bill
was read a second time and sent to a committee of the whole
house. Assemblyman John Williams, of Charlotte County,
on April 2, reported that some progress had been made on the
bill, but that the committee of the whole house wished leave
to sit again, which was granted. Evidently this was as far
as it proceeded, and it was not enacted into law. 3

1 Assembly Papers Miscellaneous, vol. 2, pp. 294-311.

1 Idem, vol. 2, p. 312.

3 Assembly Votes (fifth session), pp. 67, 69, 71, 72, 86.

Introduction 31

A joint committee of the legislature was appointed, on
January 28, 1783, to inquire into the receipt and expenditure
of public money, etc., which reported to the assembly on the
3 1 st. Several resolutions grew out of this report, among
them one requesting the commissioners for conspiracies to
lay before the legislature at its next meeting "a State of the
Prisoners under the Care of their Boards respectively; a
general State of their present Business as Commissioners;
the Amount of their unsettled Claims, Expences and Receipts;
and a List of such Recognizances entered into before them,
as have been forfeited." 1

On February 7, 1783, Assemblyman Jacob Ford, of Albany
County, introduced a bill for the repeal of the laws relating
to the commissioners for conspiracies, which was read a
second time on the 8th and referred to the committee of the
whole house, which on the 2Oth reported progress and de
sired leave to sit again. It was reported out on March 13
with an altered title and amendments, and ordered engrossed;
was read a third time on the I5th, when debates arose, and
was passed by a vote of nineteen as against sixteen, or a ma
jority of only three votes; was sent at once to the senate for
concurrence; reported back on March 25, with amendments
made in senate, which were agreed to by the assembly;
whereupon the bill was sent again to the senate for final pas
sage the next day. The council of revision gave its approval
on March 27, I783. 2 Thus, on the day before this sixth leg
islative session terminated, the powers of the commissioners
were repealed 3 and vested in magistrates and courts. Recog
nizances taken by them, and not forfeited, were to be de-

1 Assembly Votes (sixth session, second meeting), pp. 99, 101, 102.

2 Assembly Votes (sixth session, sixth meeting), pp. 107, 109, 124, 154, 155,
J 59 173. 176, 178; Senate Votes (sixth session), pp. 142 (two), 156, 160, 163.

Appendix I: Laws, March 27, 1783,

32 State of New York

livered to the clerks of the courts of general sessions in the
respective counties where they had originated, to be estreated
or discharged in like manner as if entered into before such
courts. Forfeited recognizances were to be given to the
clerk of the supreme court to be prosecuted. The accounts
of the commissioners were to be exhibited to the auditor of
the State before the first Monday of August, 1783, to be re
ported by him to the next legislature. On or before May I,
1783, the commissioners were required to make a return to a
justice of peace in the respective counties in which they re
sided, of the names of the persons committed by them and
the causes of such commitment, and no person committed
could be discharged before the last-mentioned date. If any
one came meanwhile within the State from the British lines, a
justice of the peace could cause his arrest and demand security
for his appearance at the next court of general sessions to be
held in the county where the offender was apprehended, or in
carcerate him in a common jail until security was procured or
until the next meeting of the general sessions. By the latter
court the offender was subject to be committed again to jail
until the meeting of the next court of oyer and terminer and
general jail delivery in the county, there to plead his cause.
Numerous petitions were sent to this last session of the legis
lature during the war, requesting that certain persons, who
had adhered to the British cause, and who in consequence had
been removed by order of the commissioners for conspiracies
and in accordance with the law, might be permitted to return.
In every case, so far as ascertained, the legislature rejected
the prayer of the petitioners by a unanimous vote. 1

* For example, a number of petitions were signed by a considerable number
of inhabitants of the districts of Claverack, Kinderhook, Hillsdale and Kings,
and presented in senate on March 13, 1783. Senate Votes (sixth session),
p. 140.

Introduction 33

The execution of the duties imposed by extraordinary
laws upon the commissioners for detecting and defeating con
spiracies, involved most uncongenial tasks. How they
operated from time to time, as revealed in the proceedings
of the Albany County board, the most important and active
part of this official body of the State, is the subject-matter
of the next chapter.

CHAPTER II.

OPERATION OF THE FUNCTION OF THE COMMISSIONERS AS
REVEALED BY THE PROCEEDINGS OF THE ALBANY
COUNTY BOARD.

GENERAL STATEMENT OF ORGANIZATION COUNTERFEITERS DESERTERS
MURDERS PASSES PRISONERS PROTECTION RANGERS RELATIONS
WITH OTHER BOARDS AND WITH LOCAL COMMITTEES ROBBERIES AND
PLUNDER TORYISM AND DISAFFECTION TREASON.

The men, who from time to time had been empowered to
exercise the judicial function as commissioners for conspira
cies in the several boards of this inquisitorial body, were
persons fitted by former service for the new tasks. Several
of them had already gained experience as members of com
mittees or other bodies organized earlier in the war for
the suppression of disaffection. Among their number were
judges of various courts, and those who were, or had been,
recorders, court clerks, coroners, surrogates and county, city
or town clerks. It was not unusual to find the same in
dividual engaged in several of the civil offices coterminous!/,
whilst holding as well a commission in the militia, or rep
resenting a constituency in the legislature. For example,
Egbert Benson was a member of the assembly and attorney,
solicitor and advocate-general of the State.

In the preceding chapter the legal status of the com
missioners for conspiracies has been traced. Their selection
was distributive among the seven counties of the State under

35

36 State of New York

patriot control, and they sat generally as boards in the
counties of which they were residents; but the authority of
each commissioner extended over the entire State, and he
might sit with any board whenever he happened to be
present in any county. Moreover, there was considerable
intercourse between the boards, and especially was this true
of those of contiguous counties. Each quorum or board was
required by law to keep exact minutes of its proceedings. So
far as is now known, no regular minutes are extant, save only
those of the Albany County board, and they extend to
August 30, 1781, end abruptly and, manifestly, are incom
plete. The meetings of this board were held mainly in the
city of Albany; yet, on occasion, the central board or some
of its members as sub-boards, met in the Helderbergs, at
Stillwater, at Saratoga and elsewhere in the county. The
activities of the whole body in the seven counties are reflected
in pay-bills and other vouchers, State auditor s accounts,
State treasurer s books and other records, now in the office
of the State comptroller or among the archives of the New
York State Library. 1 It has been deemed pertinent to give
in this chapter a partial analysis of the ramifications of the
procedure revealed by the Albany minutes. The results
are presented as types, derived from a carefully indexed
analysis of the minutes for the year 1778, and are supple
mented by very material variations of later date.

On April 24, 1778, Leonard Gansevoort, Jr., was appointed
clerk or secretary to the Albany County commissioners, and
took his oath of office, promising to "keep secret all such
Matters as should be given him in Charge," until discharged
therefrom by the board. John M. Beeckman, one of the
commissioners, acted for a time as treasurer of the board,

1 For financial materials see Appendix II.

Introduction 37

until August 6, 1778, when Gansevoort was charged also with
that trust. 1 In the beginning, the salary of Gansevoort was
ten shillings for every day s entry in the minutes. On
August 3, 1778, his pay was raised to twenty shillings per
day, "it being the same Pay allowed by the Commissioners at
Poughkeepsie." Evidently, this extra allowance had also
some relation to his enlarged duties, committed to him three
days later. Expenditures by the secretary-treasurer were
authorized or approved by the commissioners in session, and
to them he was obliged to report. When the commissioners
entrusted funds to any of their own members or to military
officers, they were likewise required to make an accounting. 2
Jacob Kidney was doorkeeper to the board. 3 He also served
warrants upon recalcitrant citizens, apparently in the ca
pacity of a constable. 4

Counterfeiters By an act of March 8, 1778, it was made
a felony without benefit of clergy to counterfeit any true bill
of credit issued by or thereafter to be issued by the authority
of Congress, or by the authority of any provincial congress or
any convention of the State of New York, before or since the
Declaration of Independence, or by authority of the legis
lature of any other of the States since July 4, 1776, or to alter
by raising the amount of any true bill of credit, or to attempt
to pass such paper, or bring into the State any such paper,
knowing the same to be counterfeit or altered. 5 The same
substance was contained in the similar act of March 27, 1781.
By the act of November 20, 1781, counterfeiting French

5 See May 23; June 18; July 29; August 6, 1778; June 28, 1780.

2 August 14; September 15; December i, 1778.

8 February 15; June 30, 1779; June 28, 1780.

January 29; July 10, u; August 15, 1780.

5 Laws of New York. Poughkeepsie: John Holt, 1782, p. 60.

Ibid, p. 1 88.

3 8 State of New York

crowns or silver French crowns was likewise constituted a
felony without benefit of clergy. 1 The offence was extended,
by an act of April 1 1, 1782, to cover counterfeiting, raising or
passing with knowledge notes of the Bank of North America. 8
In such cases the commissioners for conspiracies issued a
warrant to the constable of the particular district for appre
hending and committing the culprit, and the warrant also
commanded the keeper of the jail to receive him into his
custody. 3 When guards were placed over such prisoners,
the commissioners paid them. 4 The discovery of counterfeit
money upon the person of the accused prisoner led to an ex
amination, which was reduced to writing, and was followed
by close confinement. 5 If the prisoner had also good money
in his possession, it was used toward reimbursing those whom
he had defrauded with counterfeits. This good money was
deposited with the treasurer of the board. 6 The commission
ers advertised in the newspapers, even those of other States,
calling upon persons, who had been imposed upon, to bring
the counterfeit money to them, in order to receive in lieu
thereof good money. 7 If they came from a distance, as was
often the case, the board allowed them an additional amount
to reimburse them for their expenses in coming before the
commissioners as witnesses. 8 They summoned a man for
"endeavoring by every Means in his Power to depreciate the
Credit of the Paper Currency emitted by the Congress of the
United States," and put him under a bond of 5,000,

Laws of New York. Poughkeepsie: John Holt, 1782, p. 210.

Ibid, pp. 236-237.

May 13, 1778.

* June 4, 1778.

November 13, 1778.

8 November 14, 1778.

November 21, 1778; February 22, 1779.

November 19, 1778.

Introduction 39

"neither by himself or his Agents to raise an Exhorbitant
Price on the Sale of any Goods, Wares or Merchandizes or
Purchase or sell any at an exhorbitant Price or unjust
Profit." 1

Deserters Persons who had been taken as prisoners by
Brant s party and effected an escape, appeared before the
commissioners, from time to time, to exonerate themselves
from the suspicion of toryism. Others, who had started on
their way to join Brant, reported, returned to their abodes and
were placed under a recognizance and bail for their appear
ance at the next supreme court of judicature to be held at
the city hall of Albany, whilst some were closely confined.
Not a few of those whom the board released, and who re
turned to their homes, were afterwards implicated in rob
beries or proved to be otherwise troublesome. The board
even granted a gratuity to a deserter from Brant and Butler
for important information imparted by him and for his offer
to go out again as a spy, to discover the future movements of
the enemy. 2 Deserters, who had joined Burgoyne, requested
reinstatement in their country s favor and took the oath of
fidelity, or were put under a recognizance for their future good
behavior and monthly appearance before one or more of the
commissioners. Similarly, Hessians and other deserters
from Burgoyne s army, or other British attachments, upon
taking the oath, were given a pass to go at large in Albany
County; were put under a recognizance or, when considered
dangerous to the State, were confined. Intercession on be
half of these persons was sometimes made by some of the
principal people of a locality, who requested that a domicile

January 4, 12, 13, 1779.

For examples see October 31; November 4, 21; December 4, 1778; May
27, 1779-

40 State of New York

amongst them be granted. Some of the Hessians to whom
favor had been shown, were later discovered as perpetrators
of robberies, and were recommitted. The board would not
liberate one of Burgoyne s German allies, because he was a
prisoner of war and " under the direction of the Military
power/ Deserters from the American army were turned
over to the military authorities. 1

Murders It does not appear that the commissioners had
extra-judicial authority over persons suspected of murder.
They were concerned with their arrest, and ordered the
release upon recognizance of such a person who had been
indicted, tried and acquitted. 2

Passes The commissioners issued passes to enable per
sons to enter an American camp or place under patriot con
trol, whether in or outside of the State. They also made
operative passes to Canada that had originated with military
officers, but which, meanwhile, had lapsed. Upon receiving
a request for a pass from a wife, for herself and family, to go
into the British lines of New York City, the board gave her a
certificate, which stated that the commissioners did not
object to the granting of her request for removal. In another
case, a pass was refused because the granting of it lay prop
erly with General Stark; yet the board recommended to
Stark that the person be given permission " to go to Cherry
Valley to fetch from thence his Family and Effects." But the
board refused an appeal from a tory s wife, on the ground
that no permit or indulgence could be given " to any part of a
Family whereof the Husband or Master" had "so far deviated
from humane principles as to associate with Barbarians & as-

1 For examples see April 14, 15, 16, 18, 29; June i, 9, 10, 15, 25, 29; July 16;
August 12, 13, 15, 21 ; September 4, 14; November 17, 21, 1778; January 25;
February 2, 12; June 2, 3, 5, 9, 30; July 2, 9, 10, 1779; July 51 August 26, 1780.

June 13, 17, 1778.

Introduction 41

sisting in Imbruing his hands in the Blood of Women and
Children and peaceable Inhabitants." Military prisoners
who wished to make a direct appeal to Governor Clinton for
their exchange, were granted passes as far as Poughkeepsie.
A sloop was allowed to go down to New York City, on pro
viso that the owner procured a sufficient bail for its im
mediate return. An applicant for a pass to Charlotte
County was told to apply to the board there. Passes were
granted to other States, for example to New Jersey and Penn
sylvania. The board refused a pass to Bennington, Vermont,
unless the applicant could furnish a favorable recommenda
tion from a known whig. In another case, favorable consider
ation was contingent upon an acceptable certificate from an
officer of the militia. On July 28, 1779, the board ordered
that in future no passes would be granted, unless by vote of
three commissioners, and only then upon a proper recom
mendation. Similar procedure was requested by the board of
the justices of peace in Albany. A person apprehended for
forging a pass was closely confined by the board. 1

Prisoners The arrest of persons suspected or known to
be guilty of disaffection varied in procedure. Generally the
commissioners ordered their arrest by rangers or other
military authorities, by individual citizens, and by publi
cation in the newspapers. A warrant for arrest was issued
in most cases after charges preferred by some whig. It was
of course the duty of every true citizen of the State to reveal
the identity of disloyalty in any form. When persons re
fused to reveal information which was requested of them,
they were themselves sent to prison. 2 Under these circum-

> For examples of the different cases see under June 10, 22, 24; August 12,
13, 15, 17, 21, 31; September 7, 14, 18, 29; October i, 6, 10, 13, 15, 1778;
January 4, 5, 8; February 15; April 9; June 8, 18, 19; July 28, 1779.

2 July 3, 1778.

42 State of New York

stances it was not unusual that suspicious persons construed
Dame Rumor to the damnation off their neighbors, and that
revengeful spirits were afforded an outlet. But the commis
sioners for conspiracies discharged many unfortuate indi
viduals in whom they found no fault of disloyalty. Charges
were also preferred against persons on the initiative of those
who had arrested them, and without previous order from the
commissioners. Some suspects surrendered themselves.
When ordered by publication to appear at a designated time,
default was punishable in like manner as provided by law for
persons of equivocal and suspected characters. 1 The opera
tion of discharges of prisoners varied greatly. Accused per
sons were fully exonerated, or allowed to go at large on their
honor, or were kept within certain bounds, or were put under
recognizance and bail for their future good behaviour, or
required to appear before the board or a commissioner daily
or monthly or when called upon, or to present themselves
at the meetings of designated courts. Some were enlarged
on condition of their joining the continental army. Bail
varied all the way from 40 to $,ooo. 2 The obligation of
appearance at stated times of those under recognizances was
not always heeded; hence, on August n, 1779, the Albany
commissioners ordered advertisements to be posted through
out the county, commanding all persons under such a release
to appear before them on the last day of that month, or suffer
prosecution. During the summer of 1780, many persons
were required to enter into new recognizances, at an enlarged
amount, on account of the depreciated state of the continental
money. In August of that year, the commissioners ordered
the appearance of bailed prisoners, accompanied by their

1 For examples see August 13, 25; September 24; October 2, 6, 13, 1778.
January 13, 1779.

Introduction 43

sureties, and in case of failure, they were to be proceeded
against for the amount of the surety. The board was not
always certain of the sufficiency of those who offered to go
bail, and in such cases accepted the recommendation of a
local committee. After June 30, 1778, the oath was made
the supreme test. 1 By an act of April i, 1778, affirmation by
raising of hands, a concession to Quakers, was permissible. 2
But the Quakers piteously objected to the wording of the
oath and petitioned the legislature for relief. 3

When the commissioners began their work in Albany, on
April 13, 1778, they received a return of the prisoners who
were confined in the city jail, and ordered letters to be
written to the several district committees from whence these
persons had been sent, and requested an account of the
crimes for which they had been committed. The board
found that local committees, for example in Saratoga district
and Charlotte County, were exercising functions which be
longed properly to commissioners for conspiracies, and
stopped them. But when two military officers reported the
names of certain persons who had joined Burgonyne s army,
yet were believed likely to return to their allegiance to the
State, the commissioners authorized these officers t6 examine
them and make out recognizances at Ballston. 4 Moreover,
the board objected to the over-zealous action of certain
whigs who, not authorized by law, attempted to order dis
affected persons " to move off", and who threatened them in
case they procrastinated. The board adjudged that such

1 Appendix I: Laws, June 30, 1778.

1 Laws of New York. Poughkeepsie: John Holt, 1782, p. 25.

1 Assembly Papers Miscellaneous, vol. i, pp. 49-62. See also for
Shakers, who refused to bear arms, July 7, n, 17, 24, 26; August 26; December
4, 1780.

4 April js, 1778.

44 State of New York

disaffected persons must be brought before the commis
sioners, accompanied by the charges against them. 1 When
in doubt as to the propriety of permitting particular persons
to take the oath of allegiance, the commissioners resolved to
take the opinion of the judges of the supreme court. 2 The
board could issue a mittimus to a sheriff for committing a
prisoner; and also abrogated and voided a mittimus so as
to enable judges to issue habeas corpuses. 3 Judges and
magistrates were prevented by law from bailing any person
committed by a mittimus issued by the commissioners.
Paroles were issued, and at times provided with restrictions
upon opinion of the governor. Paroles were also disallowed. 4
Petitions were received from prisoners, heard and disposed
of, 5 and were sometimes referred by the legislature. 6 The
board took cognizance of defamation of military officers or
its own members, by binding the guilty party, or exacting a
satisfactory concession. 7 When General Stark discharged
a negro, a prisoner of war, and said he had done it by consent
of the commissioners, they disowned it and immediately in
formed the sheriff that the negro was in no wise under their
directions, hence they could not give their " assent or dissent
to his discharge." 8 In May, 1778, Stephen Bell, the Albany
jailer, reported that the jail was overcrowded, whereupon the
board ordered the removal of a number of prisoners to the
fort. Prisoners were sent to Albany from Dutchess and other

3I August 8, 1778.

August i, 1778.

8 June 14, 24; September 10, n, 1778. See also July 13, 1780.

September 28; October 30, 1778; January 12; February 22, 1779.
October i, 31, 1778.

Votes and Proceedings of the Assembly. First session. Kingston: John
Holt, 1777, p. 15.

June 24, 1778; May 27, 1779.
September 14, 1778.

Introduction 45

counties. 1 A tory from Hartford, Conn., who held a major s
commission in the British service, was sent from Northamp
ton jail by the council of Massachusetts to be confined by the
Albany board, 2 and was released on December i, 1778, on a
bond of "1,000, because the board believed he had under
gone " Imprisonment sufficiently long". An ensign from
Sir John Johnson s corps apprehended at Danby, in Char
lotte County, was brought before the Albany board, and was
examined and committed. 3 In a letter to Massachusetts,
about a person concealed somewhere near Worcester, the
board requested that the man be " instantly apprehended if
possible " and sent to Albany. 4 A prisoner confined by a
court martial was brought before the board, examined, dis
charged and given a pass to go to Hartford, Conn. 5 A num
ber of persons were captured by the Oneida Indians and
were sent to the board. They were examined and discharged
forthwith, with or without bail, in virtually every case. 8
Women as well as men were sent to prison. 7 On April 20,
1778, the board protested to the commanding officer against
the undue liberty granted to prisoners in the garrison. Six
months later Governor Clinton wrote the board that he had
learned that patriot prisoners were being treated with less
rigor than formerly by the British, and requested that cer
tain tory prisoners in Albany " be released from their present
Confinement and placed in another as easy and mild as the
board could possibly make it to them." 8 In June, 1778, the

1 April 23, 30, 1778; September 10, 1779.

July 10, 1778.

8 September 4, 1780.

September 4, 1778

8 September 14, 1778.

October 23, 27, 31; November 2; December 10, 1778.

7 August 10, n, 1778.

8 October 27, 1778.

46 State of New York

board ordered the arrest of a person employed as a secret
express in conveying letters from New York City to tories,
and that the papers or their contents be revealed immediately. 1
By the act of June 30, 1780, all persons who came from the
British lines and were found lurking secretly in any part
of the State, were to be tried by courts martial as spies. 2

Overcrowded jails were not conducive to health, and many
prisoners became ill. Usually the jailer recommended their
removal to the hospital, which was followed by an order from
the board to the director of the hospital. They included
wounded, "exceedingly ill" persons, and smallpox cases.
Sickness was a good plea for liberation and such requests
were not infrequent, and were sometimes granted. In a
particular case, the request was refused, but a weekly allow
ance was given for the subsistence of the person during his
illness, because he was one "whose Evidence may be of the
utmost Consequence to the State". Dangerous persons were
also allowed to be removed to the hospital. In such a case
General Stark was requested by the board "to order a
Gentry to be placed at the Door of the Room". Other pre
cautions were taken against escape, by requiring the director
of the hospital to report, from time to time, the condition of
the health of certain confined prisoners. When he reported
their recovery, they were at once ordered to be remanded to
the jail. On September 4, 1778, the board ordered Dr.
Joseph Young, the director of the Albany Hospital, "to re
ceive into the Hospital such State Prisoners" as the board
might send him "and provide them with such Things as he
shall think necessary for their Nourishment and Recovery of
their Health, and keep an accurate Account of the whole,

1 June 18, 20, 23, 1778.

2 Laws of New York. Poughkeepsie: John Holt, 1782, p. 143.

Introduction 47

which we will pay either in Money at the Current Price of the
Articles expended, or return the like Quantity and Quality
to the issuing Commissary of the Northern Department, as
may best suit the Director of the Hospital for the Time
being." A very sick woman was allowed to be removed to
a house in the city, and a husband and his "very" sick wife
were released on a recognizance, not to go out of the city s
limits, and to "appear once a Day" before the board. A
prisoner on parole in Schodack district was allowed to return
to his home in Kinderhook for a few days because his wife
was "exceedingly ill", yet he was not to exceed the limits
of his farm while there. Another prisoner whose wife was
"in a very distressed condition" and "shortly to be brought to
bed", was released on recognizance and bail. 1

Protection In the case of a person who desired to go to
the German Flats, but who was apprehensive of being mal
treated by inhabitants of Tryon County, protection was
given him for his security. 2 When appealed to for protec
tion by the wife and family of a tory confined in jail, the board
enjoined "all officers both Civil and Milatary [sic] & all other
Persons whatsoever" from molesting them. 3

Rangers Captain John Ryley 4 and fifteen men were
employed, on May 1 1, 1778, by the Albany commissioners for
conspiracies "for the Purpose of ranging about the Woods

1 For examples see May 6, n, 13, 21, 22; August 3, 14, 19, 22, 29, 31; Sep
tember 3, 4, 7, 10, 18, 19, 22, 24; October 8, 19; November 3, 1778; June 19,
1779; August 2, 24, 31; September 23; October 7, 1780.

October 7, 1778.

3 September 14, 1778.

4 Ryley had served at the head of a similar contingent of rangers for the
Committee of the City and County of Albany, from August, 1777, until
January 10, 1778. He sought at various times to collect the amount of his
pay-roll, and as late as January 13, 1789, he petitioned the legislature hi the
matter. He signed his name " John Reilay." Revolutionary Manuscripts,
vol. 40, p. 22, State Comptroller s office.

48 State of New York

and doing such Services as should be requested of them",
until the last day of October following. They were to re
ceive six shillings per day and one ration of provisions, and
promised "to obey the Orders of said Commissioners or any
three of them and the Orders of such Officers as they may
think proper to set over us." Before entrance upon the serv
ice, each member was required to take the oath of allegiance.
On May 18, Ryley and his men appeared before the board to
receive their instructions, and were sent to Kinderhook, there
to await orders from one of the commissioners, before pro
ceeding to Coxsackie to execute them. From time to time
Ryley was instructed to apprehend persons, particularly
those suspected of or known to have taken part in robberies,
and to search for stolen property. He also brought in
Hessian deserters and others on his own account. On June
13, the board notified the commissioners at Poughkeepsie that
it had been "under Necessity to raise a Party of 15 Rangers",
to whom was paid six shillings per day and rations, and
asked how much allowance the Poughkeepsie board made
"to such Parties of the Militia as bring in Prisoners". On
the same day application was made for a party of continental
troops as an additional guard, to be under the direction of
Captain Ryley, and for a bateau for the guard. Two hun
dred dollars were ordered to be paid to Ryley on account, on
June 1 8. The board applied to the assemblymen from
Albany County, on June 20, "to endeavour to procure an Act
for the Purpose of raising another Company of Rangers",
to be under their command. On June 22, Captain Ryley
presented a pay-roll to date of 283 IQS., which was allowed,
minus the amount paid before on account. When Ryley was
sent to ferret out tories in the Helderbergs and at Oniskethau,
he was told that he might apply to the militia officers for rein-

Introduction 49

forcements, in case his own contingent was insufficient. The
board, having received a letter from the commissioners at
Poughkeepsie, on July 18, ordered that Ryley s rangers be
discharged, and that he be served with a copy of the resolu
tion. On the 2Oth Ryley was ordered to appear immediately
before them, and he, presenting himself, received his dis
charge with his company. On August 12, Ryley was granted
fifty pounds for his men, to be deducted from his pay-roll.
Mathew Aerson, ferryman, was granted 8 175 4d., for
services in ferrying Ryley s company across the Hudson
River at various times. The full pay-roll was presented by
Ryley on September 18, and amounted, "from the Time of
their Inlistment being the n^ May 1778 till 20^ Day of
July now last past/ to 460 i8s. 4d., part of which, as
already shown, was paid before on account. He was also
paid a gratuity for apprehending a person who committed a
robbery. 1

The Albany board continued to employ rangers or militia
detachments a practice not uncommon among the boards
throughout the State, as is witnessed by pay-bills or vouchers
yet in existence. On May 18, 1779, the Albany commission
ers ordered the payment of an account of 25, presented by
Captain Stephen Hayt, for bringing from Claverack to
Albany the company of Captain Smith s rangers, together
with a number of robbers and tories. On the 27th of the
same month, the board made out instructions for a volunteer
company of rangers, raised by the inhabitants of the Manor
of Rensselaerwyck, residing on the east side of the Hudson,
to be commanded by Captain Jacob De Forest, and to be
under the direction of the board. On June 9, General Ten

*May u, 1 8, 27; June 3, 12, 13, 18, 19, 20, 22, 29, July i, 14, 18, 20-, August
12; September 15, 18; October 3, 1778.

50 State of New York

Broeck was requested to furnish ammunition to this con
tingent, which operated for the safeguarding of its own home
territory. The frequency of robberies in the Helderbergs
and contiguous regions induced the board, on July 2, 1779,
to consider the raising of another company of rangers, to be
under the command of Lieutenant Thomas Ismay. Orders
for this body were issued on August 2 and 8, and at other
times. On September 14, 1779, the board discharged
De Forest s rangers, because their services were no longer
needed; and on February 9, 1780, certified the pay-roll of
Ismay s rangers, amounting to 91 198. 6d., "being the full
Amount of the Pay and Subsistance Roll of the Party of
Militia" under his command. The disturbances occasioned
by disaffected inhabitants of Albany County, and the crying
demand for enforcing the laws against them, determined the
board, on June 30, 1780, to authorize Lieutenant Philip
Staats, of Colonel Killian Van Rensselaer s regiment, to
engage "about ten men", who were to provide themselves
"with a good Horse & proper Arms and Accoutrements",
and who were to be allowed the same pay as given to the
cavalry of the army of the United States, together with an
allowance for horse-hire and subsistence. Samuel Stringer,
one of the members of the board, was requested, on August
II, 1780, to propose to John Tillman that he raise a company
of rangers, to be under his command and under the direction
of the commissioners. 1

Relations with other Boards and with Local Committees
The Albany board was appealed to for funds by the Charlotte
County board at New Perth, and agreed to forward the
amount requested from one thousand pounds to be drawn

1 As under dates cited in the text.

Introduction 51

from the State treasurer. It also recommended to the latter
board to exercise "the Utmost Frugality," otherwise the
allowance made by the State would be insufficient and
deficiencies might be made good only "attended with the
greatest Difficulties." 1 It also advised that board as to its
conduct toward certain families who had returned to their
habitations under a tie of neutrality to the British king.
These families were too numerous to be removed or dealt
with in a rigorous manner, hence the Albany commissioners
counseled humane treatment of women and children "who
otherwise might be culpable for the Crimes of their Parents
& Husbands," and that they be summoned before the mem
bers of the Charlotte County board, to be by them examined,
instructed as to their obligations to the State, and other
duties necessary to their reinstatement "in the Benefits and
Priveledges that every faithful Subject will enjoy under a free
Constitution." 2 The Albany board received into custody
prisoners sent by other boards and by local committees, and
likewise sent persons to be committed in other places. A
correspondence was kept up with the Poughkeepsie board in
particular, and with those of Charlotte County, Tryon
County and other places in general. Letters sent or received
are noted in the minutes as having passed between the board
and many local committees, all the way from Bennington,
Vermont, to Fredericksburgh, Dutchess County. Much of
this intercourse related to prisoners and arrests. 3 The State
funds for the use of the Albany board were often forwarded
through the commissioners at Poughkeepsie.

May 15, 1778.

May 15, 1778.

1 For examples see April 21; May i, 2, 19, 20; August 14; September n, 30;
October i; November 23; December 9, 1778; April 20; May 4; June 2, 19;
July 14; September 22, 1779; July 21, 1780; January 29, 1781.

State of New York

Robberies and Plunder The apprehension of robbers
formed one of the earliest and most urgent activities of the
commissioners for conspiracies of the Albany County board.
Arrests were made by rangers and detachments of militia,
and even men of the line were detailed by their commanders
upon request of the board. Not infrequently persons were
brought before the board under allegations of being con
cerned in certain robberies, or of being able to give material
information against perpetrators. In a large number of
cases no evidence was procurable, or innocence was proved,
and the accused were discharged. In a lesser number of in
stances the evidence was conclusive, and prisoners even con
fessed their guilt. Likewise, persons who acted as fences for
robbers were seized and confined. The Albany board took
cognizance of robberies committed in Dutchess County, and
requested the removal to Albany of a person under arrest at
Bennington, Vermont, for a robbery committed in Dutchess
County. 1 Those who had suffered from robberies in this
county were granted permission to go to Albany, there to
interrogate the thieves concerning the places where the
stolen effects had been secreted. This investigation was
done in the presence of one of the commissioners. 2

The board directed search to be made for stolen property,
even when the robbery had been committed a long time prior
to the apprehension of the thief. 3 When stolen money or
other personal property fell into the hands of the board,
it was placed in the custody of the treasurer of the board, or of
some officer or citizen designated for that purpose, or was
returned by an order to the rightful owner. From the
minutes of July 27, 1778, we learn that there had been fre-

1 April 21, 1778. See also April 27, 30, 1778.
September 25, 30, 1778.
1 May 27, 1778.

Introduction 53

quent complaints of robberies committed on the east side of
Hudson River, which had "become intolerable". It was
believed that the ringleaders might be apprehended, and the
board requested Captain Jacob DeForest to collect a com
pany of militia, not to exceed fifty men, "to go in Quest of the
Perpetrators" and "apprehend and safely convey them" to
the board. He was also authorized to search "in every sus
pected House for Papers & stolen Goods," whereof he was
to make a true return to the board; and "to apprehend all
Strangers" who had not "sufficient Authority to be at large
in the Compass of the Rout" taken by him and his men.
The Helderbergs and adjacent regions were regular nests of
robbers and hatcheries of treasonable designs. 1 When a
militia contingent seized or plundered the effects of certain
people, "scarce leaving them wherewithal to cover them
selves", the board wrote the commanding officer "to order
the Goods taken" to be immediately returned to the owners. 2
The commissioners promised to intercede with Governor
Clinton for the pardon of an accomplice in a robbery, who
offered to turn State s evidence. 3 In another case, that of a
man who had been condemned to death for robbery, but
whom the governor had pardoned, they would not permit
his release, because they believed it desirable to obtain
evidence from him against persons confined for robberies and
other offences. Therefore, he was continued in confinement,
but with a weekly allowance of two dollars. 4 In another
case, that of a prisoner who broke jail, but who later sur
rendered himself and imparted information about secret ex-

1 June 7; July 2, 1779.

2 October 31, 1778. For another case see December 14, 1778.
October 16, 1778.

* August 1 8, 1778. He remained in confinement until released on a recog
nizance of fifty pounds, on November 5.

54 State of New York

presses from New York to Brant and Butler, the board set
him loose in order to capture the secret emissary from the
British. 1 In its address to Governor Clinton, September i,
1779, the senate said:

"We participate in your Excellency s Pleasure, on the
Suppression of Robberies and other atrocious Offences, by
the regular and assiduous Administration of Justice; in
which we find additional Reasons for admiring that happy
Constitution, under which we enjoy domestic Peace amidst
the Horrors of War; notwithstanding the Patronage that
Robbers and Assassins have so frequently received from
degenerate Britons." 2

The concordant opinion of the governor and senate in
favor of a more judicial and constitutional procedure in
dealing with robberies and other felonious acts, bore fruitage
in a series of enactments, as we shall see.

On October 15, 1779, an act to prevent robberies was
passed by the legislature, and stated the nature and dispo
sition of robberies and of the seizure of stolen goods. 3 When
this act was revived, on July I, 1780, it included a new
section relative to stolen horses. 4 The frequency of rob
beries, particularly in the east district of the Manor of
Rensselaerwyck, gave birth to another act, which provided
for the employment of rangers and made an appropriation of
1,500 for that service. Payment of the rangers was made
by a supervisor, with the approbation of any two resident
justices of the peace, and an accounting was rendered to the
next meeting of the county supervisors. 5 This act was re-

1 April 21, 1779.

* Senate Votes. Fish-Kill: Samuel Loudon, 1779, p. 9.

8 Law* of New York. Poughkeepsie: John Holt, 1782, pp. 81-82.

Ibid, p. 144.

8 Ibid, pp. 125-126.

Introduction 55

vived and amended on September 21, 1780.* By an act of
November 21, 1781, accessories as well as principals were to
suffer death without benefit of clergy. 2 Trial of felons was by
jury before county courts of oyer and terminer.

A joint resolution of the legislature in October, 1779,
ordered the governor to issue a proclamation forbidding the
plundering of any place held by the British, or of any in
habitant of the State, or of any of the United States within
the power of the enemy, declaring such acts contrary to the
law of nations and the rights of war. Offenders were to be
apprehended and handed over to the commissioners for con
spiracies. The governor was also requested to ask the
executives of New Jersey and Connecticut to issue similar
proclamations. 3 That there was a dire need for such legis
lative action is evident from the barbarous offences that must
have become notorious. For example, a number of persons,
under pretense of revenge against an alleged tory, committed
depredations against his wife, by pulling down her house and
destroying her furniture and clothes. 4

Toryism and Disaffection In the first chapter of this
introduction the earlier attitude of the laws against disaffec
tion is revealed. By an act of March 30, 1781, provision was
made "more effectually to punish Adherence to the King of
Great-Britain". Those who were found "adhering to the
Enemies of this State" were declared to be guilty of high
treason. Anyone who maliciously by preaching, teaching,
speaking, writing or printing maintained that the King of
Great Britain had or of right ought to have authority or

* Laws of New York. Poughkeepsie: John Holt, 1782, p. 149.
*Ibid, p. 215.

8 Assembly Votes. Fish-Kill: Samuel Loudon, 1779, p. 47; Senate Votes,
Ibid, pp. 1 6, 30.
4 July 19, 1779.

56 State of New York

dominion in and over the State, or who seduced or persuaded
or attempted to persuade or seduce any inhabitant to re
nounce his or her allegiance to the State, and who himself or
herself maliciously or advisedly declared or affirmed allegiance
to the King or Crown of Great Britain, was guilty of a felony
without benefit of clergy. But the court had latitude, in
stead of giving judgment of death, to direct that the convict
should serve three years on board of any ship of war of the
State, or of the United States, or of an ally of the United
States. Desertion from such service invited the death
penalty. 1 There were indeed examples of hotheaded dis
affection that inspired such legislation. On July 10, 1780,
a witness accused one of these persons of saying in his
presence, " that the French Fleet was come to carry off the
Damned Rebel Officer Washington, who was afraid he would
be hanged, and the Rebel Congress; that the Whigs were all
a set of scoundrels and Rascals, and that he was persuaded the
British Troops would in a fortnight s time march through the
City of Albany." This obstreperous tory, George Rodgers by
name, was apprehended and put in close confinement. 2

The troublous characters in and around Newtown, in the
summer of 1780, led the Albany board to erect a sub-board
at Stillwater, in order to employ rigorous measures against
them. This sub-board met there on July 19 and 20, during
which time persons were summoned, examined and bound by
recognizances and bail in various sums. 3

The Albany board, when desirous of learning who had
gone over to the British interest, ordered the militia officers
to make a return " of the Names of the Persons within their

1 Laws of New York. Poughkeepsie: John Holt, 1782, p. 189.
July 10, ii, 22, 1780.

July 22, 1780. See also August 19; September 7, 1779, for a similar
sub-board at Saratoga.

Introduction 57

respective Beats" who had "lately gone over and joined the
Enemy." 1 Tories who had been judged in Vermont were,
in the opinion of General Stark, not under the jurisdiction of
the commissioners for conspiracies of New York, even when
these prisoners were brought into the State; whereupon the
Albany board wrote to the governor and informed him that
Stark had told them it was none of their business to interfere
with tories from another State. 2 A few days later, 3 they
wrote again to Clinton about seven more persons " sent down
by the pretended State of Vermont to be forwarded to the
Enemies Lines by General Stark," and stated that from the
" first Reception" they met with from Stark, they thought it
"needless to remonstrate with him any farther about the
Matter." Subsequently, 4 when Stark asked them to commit
a prisoner sent from Bennington, they complied and issued a
mittimus to the jailer to receive the prisoner into his custody.
Persons who were to be removed to the British lines were
each to be served with a notice by the secretary of the board, 5
and were required to pay the costs of transportation for
themselves and families, and to provide provisions for all
sufficient as a supply for fourteen days. They were allowed
to take with them all of their clothing and household fur
niture. Their names were sent to the governor, to enable
him to order the detention of any of them for exchanges. 6
When several of these people requested a temporary sus
pension, to afford them an opportunity to ask the permis-

1 September 21, 1778.

July 15, 1778.

July 24, 1778.

4 August 7, 1778.

8 July 20, 1778.

6 August i, 3. 22, 26? September 3; October 29, 1778. See also the act of
March 20, 1781^ in relation to exchanges. Laws of New York. Pough-
keepsie, 1782, pp. 179-180.

58 State of New York

sion of Governor Clinton to petition the legislature for an
exemption from the penalties, the board informed them
that their request could not be granted. 1 Two women who
asked permission to join their husbands in New York City
and Canada, respectively, were recommended favorably to
General Stark for a pass, because the board thought it
would be better for the State to grant the request than to
keep the women as a charge upon the community. 2 A man
ordered to be removed, but at the time under a recognizance
as a witness in a trial for a capital offence, was respited
until the court should discharge him, the board averring its
unwillingness to deprive the person on trial for his life "of
the Benefit of so favorable a Witness." But the murderer
escaped subsequently, and the witness was put on parole. 3
When the commissioners were in doubt as to their authority
for permitting the return of persons previously deported,
or for sending away certain people, they wrote to Governor
Clinton for an opinion. 4

It has been shown that Governor Clinton might order
the detention of tories as exchanges. In such cases they
were held subject to his order, or were taken down to Pough-
keepsie, from thence to be sent under a flag to New York
or elsewhere, as he might determine. 5 When a tory civilian
asked for the exchange of himself and family, the board
answered that it had no authority to arrange exchanges,
and referred him to the governor. On the other hand, a
captured lieutenant was granted a pass to Poughkeepsie,
to solicit from the governor his own exchange with a patriot

> July 29, 1778.

* October i, 1778.

September 7, 1778; January 13, 21, 1779.

4 November 2, 1778.

5 September 3, 22; November 20, 1778.

Introduction 59

officer of equal rank. 1 On occasion, Governor Clinton
requested the Albany board, in conjunction with General
Schuyler and General Clinton, to arrange for the exchange
of inhabitants of Cherry Valley, who were in captivity in
Canada. 3

During the course of the war, and particularly after 1778,
petitions were presented to the legislature by the inhabitants
of various sections on behalf of persons who had been sent
within the British lines. In these memorials the petitioners
begged that these particular deported persons be allowed
to return to their original domiciles. They were usually
rejected by both houses or, what was the same thing, ordered
to lie on the table. 3

Treason In an act of March 30, 1778, the operation of
the English law, so far as it related to the manner of putting
offenders to death, was characterized as " marked by Circum
stances of Savage Cruelty, unnecessary for the Purposes of
public Justice, and manifestly repugnant to that Spirit of
Humanity, which should ever distinguish, a free, a civilized,
and Christian People." Instead thereof, the judgment was to
be hanging by the neck until death. The legislature also
abolished the barbarous punishment inflicted upon persons
arraigned for felony, who refused to put themselves on
ordinary trial, but who obstinately stood mute the form
known as peine forte et dure> commonly pressing to death by
great weights put upon the prostrate body. Refusal to plead
was to be adjudged a denial of the facts alleged, and such
persons were to be tried in regular form, as though they had

1 October 7, 10, 1778.

2 December 28, 1778; January 2, 1779.

1 Examples of these petitions are in Assembly Papers Miscellaneous,
vol. i, pp. 161, 169. Their disposition by the legislature can be traced in
the printed Votes of both senate and assembly.

60 State of New York

duly pleaded their cause. 1 Thomas Cummings, convicted of
treason, was pardoned by a special act of October 8, 1779.*
The relations of the commissioners for conspiracies to
phases of felony and treason have been shown under former
topical headings. The Albany board summoned persons to
give testimony which might convict others of high treason, 3
and even required enlarged persons to make known all
treasonable acts and deeds that might come to their knowledge
at any time. 4 The temper of one loyalist, who refused to
take the oath, is revealed by his open declarations. He said
that if he took the oath, " he would perjure himself and that
none but Rogues and Fools would or could take it." He
was declared guilty of " a high Contempt and Insult upon the
Authority of this State in General and this Board in particu
lar," and was sent to jail to await the pleasure of the com
missioners. 5 The board sought to ferret out spies from the
British lines, as well as secret emissaries at home, and ordered
the examination of witnesses against them. 6 An item of
more than passing interest came up before the board, on
October 5, 1780. Philip Van Rensselaer had received a
letter from Colonel Richard Varick, who had been aide-de
camp to Benedict Arnold at the time of the treason of the
latter. As this letter was reported to contain " Expressions
which would tend to discover some of the persons concerned
with Arnold in his Villanous Plot," the board requested

1 Laws of New York, Poughkeepsie: John Holt, 1782, pp. 21-22. For
the powers of judges of the supreme court and courts of oyer and terminer in
certain cases of felony, see ibid, p. 115.

*Ibid, p. 77.

"October 13, 1778.

June 24, 1778.

*July 23, 1778.

8 September 22, 1779; July 29, 1780. See also this chaptei under " Pris
oners."

Introduction 61

Van Rensselaer to come before it at his earliest convenience,
and exhibit at that time the contents of that letter. It is
regrettable that the subject-matter is not revealed.

A perspective view has been presented in these chapters of
the magnitude of the work with which commissioners for
detecting and defeating conspiracies were entrusted by the
legislature of New York. It is a soul-harrowing picture in the
annals of the American Revolution.

VICTOR HUGO PALTSITS.
March 17, 1909.

THE MANUSCRIPT

The manuscript minutes of the Albany County board of
commissioners for detecting and defeating conspiracies in the
State of New York, are contained in two small folio volumes,
foolscap size of the period. The paper is a good linen
texture, of three kinds of stock. The watermark of the first
volume (pp. 1-244), 1S tne " P ro Patria " inscription and the
Dutch lion rampant in a stockade, having a sabre in his right
fore paw and a brace of seven arrows in his left fore paw, with
a liberty bell hanging at the gate of the enclosure. The
second volume is a composite, of which pp. 1-79 and 135-489,
as well as blank leaves, contain only the conventional water-
lines from top to bottom; pp. 80-134, an insert, have a water
mark with the letters " O G R." The contents of the
volumes, blank pages not counted, are as follows:

Vol. i. Minutes from April 13, 1778, to December 8,
1778, on pp. 1-239; oaths, on pp. 240-243.

Vol. 2. Minutes from December 9, 1778, to August 30,
1781, on pp. 1-489.

Manifestly, the minutes are incomplete, and end
abruptly on August 30, 1781. Leonard Gansevoort, Jr.,
took his oath of office on April 24, 1778, and was to be paid
" whenever an Entry is made in this Book ". His pay-bill 1
for services in the secretarial capacity, from April 13, 1778,
to April 22, 1780, and from June 28, 1780, to April 29, 1783,
was certified by members of the Albany County board on

1 Revolutionary Manuscripts, vol. 40, p. 161, in State Comptroller s office.
For a reduced facsimile see in the second volume.

63

64 State of New York

October 22, 1784, making together the sum of 535 6s. 6d.
The act which finally repealed the commissioners was passed
on March 27, 1783. It is regrettable that the minutes for
the period after August, 1781, are not available, because
the proceedings printed in these volumes are the only minutes
of any of the seven county boards now-, so far as known,
extant. There are many references in these extant minutes
to collateral papers on file, which are not known to be in
existence. It is well-nigh inexplicable that so little remains
of the vast amount of minutes and related records of this
State body, existent in seven counties and operative during
about five years of the war. The several boards were obli
gated by statute to keep accurate minutes of all of their
proceedings, subject to review by higher authority. In the
office of the State Comptroller, the pay-bills and other
vouchers are preserved with creditable fullness, in vol. 40 of
Revolutionary Manuscripts, though somewhat disarranged.

The minutes of the Albany County board were retained
by its secretary. After his death they came into the posses
sion of his grandson, the late Thomas Hun, M. D., of the
city of Albany, by whose generosity they were presented to
the New York State Library in 1850.* Inquiry of Marcus
T. Hun, Esq., a son of Dr. Thomas Hun, who very kindly
instituted a search among family papers, for the possible
existence of collateral or other records of the board, pro
duced negative results.

The first page of the first volume is wholly in the hand
writing of Jeremiah Van Rensselaer, except the signatures
to the oath, which are autographs of the commissioners,
that were written in at various times. During the month

1 Annual Report of the Trustees of the State Library of the State of New- York.
Made to the Legislature, on the 10th of February, 1851. Albany, 1851^.209.

The Manuscript 65

of April, 1778, occasional headings and items were written
in by Van Rensselaer. But most of the minutes of that
month are in the handwriting of Mathew Visscher, 1 who
also wrote occasional minutes, from time to time, in 1778,
apparently during the temporary- absence of the secretary.
Apparently Gansevoort wrote all of the minutes, with the
exceptions mentioned, save a portion of the rough minutes,
which begin on June 29, 1779, in a handwriting that has
not been determined; but interpolations and other revisions
of this drafted section are Gansevoort s. A large part of
the minutes, especially pp. 1-79 and 135-489 of the second
volume, is wholly a clean secretarial transcript. There
are a number of psychological evidences of transcription,
such as erratic copying which required erasures, and the
dating of a board meeting of June 28, 1779, as June 28,
1782, with a correction to agree with the former date. From
this we may reasonably conclude that some of the clean
copy, at least, was done in 1782. There is also another
entry in which the year 1780 is written erroneously as 1781.
The inserted rough minutes, pp. 80-134 (modern numera
tion) of the second volume, the transcriber had begun to
copy, but he did not get beyond the heading of June 30,
1779, on p. 80, which has a contemporary designation as
p. 49.

In addition to the financial accounts, already alluded to,
and more specifically correlated in foot-notes to this work,
we find among the George Clinton Papers, in the archives
of the New York State Library, a few original letters that
were sent by the Albany commissioners to Governor Clinton,

1 Mathew Visscher had been secretary of the Committee of the City and
County of Albany, prior to his appointment as a member of the Albany board
of commissioners-

66 State of New York

and a small number of drafts of his official correspondence
with them. These are likewise brought into juxtaposition
to the minutes in the annotations. The collection of original
official papers, known as New York Colonial Manuscripts,
has only a few pieces. 1

The entire copy for these volumes has been carefully revised
with the original manuscripts by the State Historian, who
has likewise read the printers proofs with the originals in
their final revision. Human frailty is a sure thing, but can
find no justification in the shirking of painstaking endeavor
in historical documentation.

1 See Appendix III : Miscellanea.

LIST OF COMMISSIONERS FOR CONSPIRACIES 1

NAMES

Counties

Dates of Appointment

JOHN M. BEECKMAN

Albany. . .

April 4 1778 July i 1780

JEREMIAH VAN RENSSELAER

a

April 4 1778 July i 1780

ISAAC D. FONDA

a

Resignation accepted
March 26, 1781.
April 4 1778* July i 1780

MATHEW VISSCHER

u

April 4 1778* July i 1780

HUGH MITCHELL

u

Resignation accepted
March 26, 1781.
April 4 1778* July i 1780

CORNELIUS HUMFREY

u

April 4, 1778.

JOHN McCLUNG 2

u

April 4, 1778* Tulv i, 1 780*

PETER WYNKOOP JR

u

superseded April 12, 1782.
April 4 1778

SAMUEL STRINGER

u

October 23 1779 July i

ABRAHAM OOTHOUT . . .

u

1780.
Tulv i 1780

REYNIER MYNDERSE
STEWART DEAN

u
u

July i, 1780.
March 26 1781 in place of

PELATIAH FITCH*

((

Mathew Visscher, re
signed.
April 12, 1782, in place of

ALEXANDER WEBSTER

Charlotte

John McClung, declined.
April A. 1778

ALEXANDER McNlTT

a

April 4, 1778 Tulv i, 1780.

EBENEZER CLARK

u

April 4, 1778* Tulv i. 1780.

BRINTON PAINE

Tulv i 1780

JOSEPH McCRAKEN .

u

March 30 1781

ZEPHANIAH PLATT

Dutchess

April 4 1778

EGBERT BENSON

a

Aprils. 1778 Tulv i 1780

ISRAEL THOMPSON..

u

but declined to qualify
and appointment an
nulled Sept. 29, 1780.
April A. 1778.

1 Compiled from the original manuscript minutes of the Council of Appoint
ment, vol. i, pp. 48, 165, 198, 211, 217, 222, 246-7, 249. This volume is in
the archives of the New York State Library. The varying spelling of sur
names has been reduced to the best form in use, especially by the individuals
themselves.

2 Active hi Charlotte County board, at New Perth.
Ibid.

67

68

State of New York

LIST OF COMMISSIONERS FOR CONSPIRACIES Concluded

NAMES

Counties

Dates of Appointment

WILLIAM DUER

Dutchess

Tulv 1780

HENRY WILLIAMS

July , 1780.

ROBERT HARPUR

Tulv , 1780.

GILBERT LIVINGSTON

u

Tulv , 1780

ABRAHAM SCHENCK

<(

Julv 1780

JACOB GRIFFIN

It

July i 1 780 hut declined to

ABRAHAM WYCOFF

qualify and appointment
annulled Sept. 29, 1780.
Julv i, 1780

HENRY WISNER

Orange

April 4, 1778.

THOMAS MOFFAT

April 4, 1778 July i, 1780.

GILBERT CUYPER (or Cooper) .
MOSES HATFIELD .

April 4, 1778; July i, 1780.
Tulv i 1780.

WILLIAM WILLS

Tryon

April A 1778

SOVERINAS COCK

April 4, 1778.

JAMES McMASTER

April 4., 1778.

LAWRENCE GROS

u

Julv i, 1780* suspended

PETER VAN WAGGONER, JR. .
WILLIAM PETRY . .

u
u

March 30, 1781.
July i, 1780; suspended
March 30, 1781.
July i 1780* suspended

SAMUEL CLYDE

March 30, 1781.
March 30, 1781.

ANDREW FINCK, JR. . . .

u

March so, 1781* resigned

JACOB GARDINIER

July TO, 1782.
March 30 1781

CORNELIUS E. WYNKOOP
CORNELIUS C. SCHOONMAKER
PETER CANTINE JR

Ulster

(i

April 4, 1778; July i, 1780.
April 4, 1778; July i, 1780.
April 4. 1778

JOSEPH GASHERIE

u

Tulv i, 1780.

ISRAEL HONEYWELL..

Westchester

April 4., 1778* Tulv i, 1780.

JONATHAN G. TOMPKINS
JOSEPH STRANG

April 4, 1778.
April 4, 1778* July i 1780

EBENEZER PURDY. . .

resigned March 26, 1781.
Tulv i. 1780.

NATHAN ROCKWELL.

u

March 26, 1781 in place of

PHILIP LEEK

u

Joseph Strang, resigned.
July 10 178^ in place of

Andrew Finck, Jr.j of
Tryon County, resigned.

> His own signature is hi variably " Cooper."

SCHEDULE OF MEETINGS

I77
April 13

1778

1778

May

*i6

17

*i8

*20

*2I

*2 3

*24

25

27

29

30

1

2

4
5
6

7
8

9
ii

12
13
H
15

16

17
18

19

20
21

22
23
25
26

2 7

May
June

July

July

29

30

i

2

3

4

5

6

9
10
ii
12 August

13
15

16

17

18

19
20

22

23
24
25

2 7

29
30

I
2

3
6

8

9
10
ii

15
1 6

17

September

1778

18

September 3

20

4

21

5

23

7

24

8

25

9

27

10

28

ii

29

H

30

15

31

17

I

18

3

19

4

21

5

22

6

24

7

25

8

28

10

29

ii

30

12

October i

*3

2

H

3

15

6

17

7

18

8

19

10

20

12

21

13

22

15

24

16

25

19

26

20

28

21

29

23

31

24

I

26

2

27

* A. M. and P. M.

State of New York

1778

1779

1779

1779

October 28

January 23

June 2

August 5

29

25

3

6

30

27

5

7

3i

28

7

8

November 2

29

3

10

3

February 2

9

ii

4

6

10

14

5

12

ii

17

9

13

12

18

13

15

H

19

H

19

5

26

16

22

18

27

17

March 2

19

September i

19

22

20

2

20

23

21

7

21

29

22

8

23

April i

23

10

24

9

24

ii

25

10

28

14

26

12

2 9

15

27

15

30

16

December i

20

July 2

17

4

21

3

18

5

22

5

20

7

25

6

22

8

27

7

23

9

28

8

24

10

May i

9

25

H

3

10

30

i5

4

13

October i

21

7

14

9

26

8

16

ii

28

10
ii

19

21

November 2

1779

12

22

10

January 2

15

23

15

4

18

24

16

5

19

27

27

7

21

28

December i

8

24

29

7

12

26

31

24

13

27

August 2

3i

15

28

3

21

29

4

Schedule of Meetings

1780

1780

1780

1780

January

3

August 2

September 25

November 20

5

3

26

21

14

4

27

22

21

5

28

23

26

8

October 2

24-

February

I

9

3

25

2

10

4

26

5

ii

5

27

6

12

6

28

7

13

7

29

8

14

8

30

9

5

9

December 2

14

16

10

4

April

22

17

ii

5

June

28

18

H

6

29

19

15

7

30

22

16

ii

July

I

23

17

12

3

24

18

13

4

25

19

X 4

5

26

20

16

6

28

21

18

7

2 9

22

21

10

30

23

22

ii

31

2 4

23

12

September i

25

25

13

2

27

27

14

4

28

28

15

5

29

2 9

17

6

30

18

7

31

I78l

19

8

November 6

January 2

21

ii

7

3

22

12

8

5

23

13

9

8

24

15

10

9

2<>

16

ii

10

26

18

12

12

2 7

19

13

16

28

20

14

17

29

21

15

18

30

22

16

20

31

23

17

26

August

I

24

18

2 7

7 2

State of New York

1781 i7 Sl

1781

1781

January 29 March

20 May

8 July

10

30

21

9

ii

31

22

12

16

February i

23

14

19

2

24

15

20

3

26

16

21

5

2 7

17

23

6

28

18

24

7

29

22

25

8

30

24

26

9

31

25

27

13 April

2

26

28

15

3

28

30

16

5

29

31

17

6

30 August

2

19

7

3 1

4

20

10 June

i

6

21

ii

2

7

22

12

3

8

23

13

4

9

27

14

5

10

28

15

6

ii

March i

16

9

12

2

*7

J3

13

3

18

14

H

5

J 9

15

16

6

20

16

17

7

21

18

18

8

23

19

21

9

25

21

22

10

26

26

23

12

27

28

24

13

3

29

25

14 May

i

30

27

15

2

31

28

16

3 July

5

29

17

4

6

30

18

5

m

t

19

7

8

RECORD OF ATTENDANCES OF COMMISSIONERS

FOR CONSPIRACIES AT SESSIONS OF THE

ALBANY COUNTY BOARD

BEECKMAN (John M.)

1778: April 13, 14, 15, 16, 17, 18, 20, 21, 23, 24, 25, 27, 29, 30; May i,
2, 4 5 6 7> 8 9 IJ i 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27,
2 9 3; June i, 2, 3, 4, 5, 6, 9, 10, n, 12, 13, 15, 16, 17, 18, 19, 20, 22, 23, 24,
25, 27, 29, 30; July i, 2, 3, 6, 8, 9, 10, n, 14, 15, 16, 17, 18, 20, 21, 23, 24,
25, 27, 28, 29, 30, 31; August i, 3, 4, 5, 6, 17, 18, 19, 20, 21, 22, 24, 25, 26,

28, 29, 31; September i, 2, 3, 4, 5, 7, 8, 9, 10, u, 14, 15, 17, 18, 19, 21, 22,
24, 25, 28, 29, 30; October i, 2, 3, 7, 8, 10, 19, 20, 21, 23, 24, 26, 27, 28,

29, 30. 3 1 ; November 2, 3, 4, 5, 9, 13, 14, 16, 17, 19, 20, 21, 23, 24, 25, 26,
27; December i, 4, 5, 7, 8, 9, 10, 14, 15.

!779- January 7, 8, 12, 13, 15, 21, 23, 25, 27, 29; February 2, 6, 12, 13,

15, 19, 22; March 2, 22, 23, 29; April i, 9, 10, 12, 15, 20, 22, 25, 27, 28;
May i, 3, 4, 7, 8, 10, n, 12, 15, 18, 19, 21, 24, 26, 27, 28, 29; June 2, 3,
5 7> 8, 9, 10, u, 12, 14, 15, 18, 19, 20, 21, 22, 23, 24, 28, 29, 30; July 2, 3,
5 6 > 7, 8, 9, 13, 14, 16, 19, 21, 22, 23, 24, 27, 28, 29, 31; August 2, 3, 4, 5,
6, 7, 8, 10, n, 14, 17, 18, 19, 26, 27; September 2, 7, 8, 10, n, 14, 15, 16,
18, 20, 22, 23, 24, 25, 30; October 9, n; November 2, 9, 10, 15, 16, 27;
December i, 7, 24, 31.

1780: January 3, 14, 21, 26; February 2, 5, 6, 7, 8, 14; April 22; June

28, 29, 30; July i, 3, 4, 5, 6, 7, 10, n, 12, 13, 14, 15, 17, 18, 19, 21, 22, 23,

24, 25, 26, 27, 28, 29, 31; August i, 2, 3, 4, 5, 8, 9, 10, n, 12, 13, 14, 15,

16, 17, 18, 19, 22, 23, 24, 25, 26, 28, 29, 30, 31; September i, 2, 4, 5, 6, 7,
8, n, 12, 13, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28; October 2, 3,

4. 5, 6, 7, 8, 9, 10, ii, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28,

29. 3. 3 1 ; November 6, 7, 8, 9, 10, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26,
27, 28, 29, 30; December 2, 4, 5, 6, 7, n, 12, 13, 14, 16, 18, 21, 22, 23, 25,
27, 28, 29.

1781: January 3, 5, 8, 9, 10, 12, 16, 17, 18, 20, 26, 27, 29, 30, 31;
February i, 2, 3, 5, 6, 7, 8, 9, 13, 15, 16, 17, 19, 20, 27, 28; March i, 2, 3,

5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 27, 28,
2 9i 3> 3 1 ; April 2, 3, 5, 7, 10, n, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23,

25, 26, 27, 30; May i, 2, 3, 4, 5, 7, 8, 9, 12, 14, 15, 16, 17, 18, 22, 24, 25,

26, 28, 29, 30, 31; June i, 2, 3, 4, 5, 6, 9, 13, 14, 15, 16, 18, 19, 21, 26, 28,
2 9i 3; July [i], 5, 6, 7, 8, 10, n, 16, 19, 20, 21, 23, 24, 25, 26, 27, 28, 30,
31; August 2, 4, 6, 7, 8, 9, 10, n, 12, 13, 14, 16, 17, 18, 21, 22, 23, 24, 25,

27, 28, 29, 30.

73

74 State of New York

BENSON (Egbert), of Dutchess County Board.
1778: July 28, 29.
1779: April 27.

CANTINE (Peter, Jr.), of Ulster County Board.

1778: July 23.

DEAN (Stewart)

1781: March 28, 29, 30, 31; April 2, 3, 5, 6, 7, 10, n, 12, 13, 14, 15,
16, 17, 18, 19, 20, 21, 23, 25, 26, 27, 30; May i, 2, 3, 4, 5, 7, 8, 9, 14, 15,
16, 17, 22, 24, 26, 28, 29, 30, 31; June i, 2, 3, 4, 5, 6, 9, 28, 29; August 8,

9, 13, 14, 16, 17, 18, 21, 23, 25, 27, 28, 29, 30.

FONDA (Isaac D.)

1778: April 13, 14, 15, 16, 17, 18, 20, 21, 23, 24, 25, 27, 29, 30; May i,
2, 4, 5, 6, 7, 8, 9, ii, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26,
27, 29, 30; June i, 2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 22,
23, 24, 25, 27, 29, 30; July i, 2, 3, 6, 8, 9, 10, n, 14, 15, 16, 17, 18, 20, 21,
23, 24, 25, 27, 28, 29, 30, 31; August i, 3, 4, 5, 6, 7, 8, 10, n, 12, 13, 14,
15, 17, 18, 19, 20, 21, 22, 31; September i, 2, 3, 4, 5, 7, 8, 9, 10, n, 14,
15, 17, 18, 19, 21, 22, 24, 25, 28, 29, 30; October 2, 3, 6, 7, 8, 10, 12, 13,
15, 16, 19, 20, 21, 23, 24, 26, 27, 28, 29, 30, 31; November 2, 3, 4, 5, 9, 13,

14, 16, 17, 19, 20, 21, 23, 24, 25, 26, 27; December i, 4, 5, 7, 8, 9, 10, 14,

15, 21, 26, 28.

1779- January 2, 4, 5, 7, 8, 12, 13, 15, 21, 23, 25, 27, 28, 29; February
2, 6, 12, 13, 15, 19, 22; March 2, 22, 23, 29; April i, 9, 10, 12, 15, 20, 21,

22, 25, 27, 28; May i, 3, 4, 7, 8, 10, n, 12, 15, 18, 19, 21, 24, 26, 27, 28,
29; June 2, 3, 5, 7, 8, 9, 10, n, 12, 14, 15, 18, 19, 20, 21, 22, 23, 24, 28, 29,
30; July 2, 3, 5, 6, 7, 9, 10, 13, 14, 16, 19, 21, 22, 23, 24, 27, 28, 29, 31;
August 2, 3, 4, 5, 6, 7, 8, 10, n, 14, 17, 18, 19, 26, 27; September i, 2, 7,
8, 10, n, 14, 15, 16, 17, 18, 20, 22, 23, 24, 25; October i, 9, n; November
2, 9, 10, 15, 16, 27; December i, 7, 24, 31.

1780: January 3, 5, 14, 21, 26; February i, 2, 6, 7, 8, 9, 14; April 22;
June 28, 29, 30; July i, 3, 4, 5, 6, 7, 10, n, 12, 13, 14, 15, 17, 18, 19, 22,
25, 26, 27, 29, 30, 31; August 3, 4, 5, 8, 9, 10, u, 12, 15, 16, 17, 18, 22,

23, 24, 25, 26, 28, 29; September i, 2, 4, 5, 6, 7, 8, n, 15, 16, 19, 20, 21,
25, 26; October 2, 3, 6, 7, 9, 10, n, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24,
25, 27, 28, 30; November 6, 7, 8, 9, 10, n, 12, 13, 14, 15, 24, 25, 27, 29,
30; December 5, 6, 7, 11, 13, 29.

1781: January 3, 10, 17, 18, 27, 29, 30, 31; February i, 2, 3, 5, 6, 7,
8, 9, 13, 15, 16, 17, 19, 20, 21, 22, 23, 27, 28; March i, 2, 3, 5, 6, 7, 8, 9,

10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 27, 28, 29, 30, 31;
April 3, 5, 6, 7, 10, n, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 25, 26, 27;
May i, 2, 3, 4, 5, 7, 8, 9, 12, 14, 15, 16, 17, 18, 22, 25, 26, 30, 31; June i,
2, 3> 4 5. 6, 9, 13, 14, 15, 16, 18, 19, 21, 26, 28, 29, 30; July [t], 5, 6, 7, 8,
10, n, 16, 19, 20, 21, 23, 24, 25, 26, 27, 28, 30, 31; August 2, 4, 6, 7, 8, 9,

10, II, 12, 13, 14, 16, 17, 18, 21, 22, 23, 24, 25, 27, 28, 29, 30.

Record of Attendances 75

HUMFREY (Cornelius)

1778: April 24, 25; May 4, 5, 6, 7, 8; June 3, 4, 5, 6, 24, 25; July 29,
30, 31; August i, 13, 14; September 30; October i, 2, 3.
1779: April 22.

McCLUNG (John), of Charlotte County Board.

1778: April 18, 20, 21, 23; May 14, 15; August 28.
1779: June 18; August n.

McM ASTER (James), of Tryon County Board.

1778: April 23, 24, 25; May 5, 6, 7, 8, 9; December 5.

MITCHELL (Hugh)

1778: April 16, 21, 23, 24, 25, 29; May 5, 6, 7, 8, 9, 19, 25; June 25;
July 14, 16, 23, 28, 29, 30, 31; August i, 8, 14, 15, 21, 24; September 7, n;
October 15.

1779: January 28; May 10, 19; June 2, 3; August 18.

1780: July 28; August 9

1781: March 8.

MYNDERSE (Reyneir)
1781 : January 26.

STRINGER (Samuel)

1780: July [10], ii, 12, 13, 14, 15, 17, 18, 19, 21, 22, 23, 24, 25, 26,
27, 28, 29, 31; August i, 2, 3, 4, 5, 8, 9, n, 12, 13, 14, 15, 16, 17, 18, 19,
22, 23, 24, 25, 26, 28, 29, 30, 31; September i, 2, 5, 6, 7, 8, n, 12, 13, 15,
16, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28; October 3, 4, 5, 6, 7, 8, 9, 10, 14,
16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 29, 30, 31; November 10, n, 12,
13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30; December
2, 4, 5, 6, 7, ii, 12, 13, 14, ;:6, 18, 21, 22, 23, 25, 27, 28, 29.

1781 : January 2, 3, 5, 8, 9, 10, 12, 17, 20, 26, 27, 29, 30, 31 ; February

2, 5. 6, 7, 8, 9, 13, 16, 17, 19, 20, 21, 22, 23, 27, 28; March i, 2, 3, 5, 6, 7,

9, 10, 12, 13, 14, 15, 16, 17, 18, 21, 22, 23, 24, 26, 27, 29, 30, 31; April 2,

3, 5, 6, 7, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 25, 26, 27, 30; May i, 2,
3, 4, 5, 7, 8, 9, 12, 14, 15, 16, 17, 18, 22, 24, 25, 26, 28, 29, 30, 31; June i,
2, 3, 4, 5, 6, 9, 13, 14, 15, 16, 18, 19, 21, 26, 28, 29, 30; Jr.ly [i], 5, 6, 7, 8,

10, ii, 16, 19, 20, 21, 23, 24, 25, 26, 27, 28, 30, 31; August 2, 4, 6, 7, 8, 9,
10, ii, 12, 13, 14, 16, 17, 18, 21, 22, 24, 25, 27, 28, 29, 30.

VAN RENSSELAER (Jeremiah)

1778: April 13, 14, 15, 16, 17, 18, 20, 21, 23, 29, 30; May i, 2, 4, 7,
8, 9, n, 15, 16, 17; July 14, 15, 16, 17, 18, 20, 21, 23, 24, 25, 27, 28, 29,
30, 31; August i, 3, 4, 5, 6, 7, 8, 10, ii, 12, 13, 14, 15, 17, i3, 19, 20, 21,
24, 25, 26, 28, 29, 31; September i, 3, 4, 5, 7, 8, 9, 10; October 7, 10, 12,
13, 16; December 21, 26, 28.

7 6

State of New York

VAN RENSSELAER (Jeremiah) Continued

1779: January 2, 4, 5, 7, 8, 12, 13, 15, 23, 25, 27, 29; February 2, 6,
12, 13, 15, 22; March 2, 22, 23, 29; April i, 9, 12, 15, 20, 21, 22, 25, 27,
May 3, 4, 26, 27; June 2, 3, 5, 8, 29, 30; July 2, 3, 5, 6, 7, 8, 10, 27, 28, 29,
31; August 2, 3, 4, 5, 8, 17, 27; September i, 7, 8, 14, 15, 16, 17, 18, 20,
30; October i.

1780: January 5; February i, 2, 5, 9; June 28, 29, 30; July i, 3, 4,

7, 21, 22, 23, 24, 30; August i, 2, 5, 8, 9, 10, ii, 12; September 19, 21, 22,
23, 24, 25, 27, 28; October 4, 5, 22, 27, 30, 31; November 6, 7, 8, 9, 10, u,

12, 13, 14, 16, 17, 18, 21, 22, 23, 26; December 6, 16, 22, 23, 25, 28, 29.
1781: January 2, 16; February 3, 7; March 10, 14.

VISSCHER (Mathew)

1778: April 13, 14, 15, 16, 17, 18, 24, 27; May i, 2, 4, 6, 7, 8, 11, 12,

13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 25, 26, 27, 29, 30; June i, 2, 9, 10, n,
12, 13, 15, 16, 17, 18, 19, 20, 22, 23, 25, 27, 29, 30; July i, 2, 3, 6, 8, 9, 10,
u, 14, 16, 17, 18, 20, 21, 23, 24, 28, 29, 30; August i, 3, 4, 5, 6, 7, 8, 10,

11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 24, 25, 26, 28, 29, 31; September i,

2 > 3, 4. 5. 7, 8 9 i n i4> I 5t i7 l8 > J 9, 2I 22 2 4 2 5 28 > 2 9> 35 October

1, 2, 3. 6, 7, 8, 12, 13, 15, 16, 19, 20, 21, 23, 24, 26, 27, 28, 29, 30, 31; Novem
ber 2, 3, 4, 5, 9, 13, 14, 16, 17, 19, 20, 21, 23, 24, 25, 26, 27; December i,
4, 5, 7, 8, 9, ID, 14, 15, 21, 26, 28.

1779 January 2, 4, 5, 7, 8, 12, 13, 15, 21, 23, 25, 27, 28, 29; February

2, 6, 12, 13, 15, 19; March 2, 22, 23, 29; April i, 9, 10, 12, 15, 21, 25, 27,
28; May i, 3, 7, 8, 10, n, 12, 15, 18, 19, 21, 24, 27, 28, 29; June 3, 5, 7,

8, 9, 10, ii, 12, 14, 15, 18, 19, 20, 21, 22, 23, 28; July 5, 6, 7, 8, 9, 10, 13,

14, 16, 19, 21, 22, 23, 24; August 4, 5, 6, 7, 8, 10, n, 14, 17, 18, 19, 26, 27;
September i, 2, 7, 10, ii, 15, 16, 17, 20, 22, 23, 24, 25, 30; October i, 9, ii;
November 2, 9, 10, 15, 16, 27; December i, 7, 24, 31.

1780: January 3, 5, 14, 21, 26; February i, 5, 6, 7, 8, 9, 14; April 22;
June 28, 29, 30; July i, 3, 5, 6, 7, 10, 13, 14, 15, 17, 18, 19, 22, 30; August

2, 3. 5 8 9. !0, ii, 12, 13, 14, 15, 18, T 9, 2 " 2 4> 26 28 2 9 3, 31; Se P~
tember i, 2, 4, 7, 8, n, 12, 13, 16, 18, 20, 22, 23, 24, 26, 27, 28; October 2,

3. 4, 7, 8 , 9, 10, ii, 15, 16, 17, 18, 19, 20, 22, 23, 28, 29; November 10, u,

12, 14, 15, 16, 17, 18, 20, 24, 27, 28, 29; December 2, 4, 12, 14, 18, 21, 22,
23, 25, 27, 28, 29.

1781: January 2, 5, 8, 9, 12, 16, 18, 20, 26, 27, 29, 31; February i, 3,

15, 21, 22, 23, 28; March 2, 3, 7, 8, 12, 13, 14, 17, 19, 20, 22, 23.

WILLS (William), of Tryon County Board.
1778: April 29, 30; May i, 2, 27.
1779^ June 24.

WYNKOOP (Petrus, Jr.)

1778: May 5, 6, 7, 8, 9, 22, 23, 25; June 3, 4, 5, 6, 24, 25; July 17, 18,
29, 30, 31; September i, 2, 3, 15; October 6, 7; November 17.
1779: May 26.

MANUSCRIPT MINUTES

VOL. I.

77

[i] At a Meeting of the Commissioners Appointed by the I 7?8
Legislature of the State of New York for Enquiring into
detecting and Defeating all Conspiricies which may be
formed in the Said State Against the Liberties of America

13 th April 1778
Present

John M Beeckman ) ( Mathew Visher
Jer V Rensselaer j ( Isaac D Fonda

Mess" Rensselaer & Visher laid before this Board a
letter from Egbert Benson Esq r dated 7 Instant, Inclosing
two Certifyed Copies of two Acts of the Legislature passed
in their late Sessions, 1 and Copy of a Commission Isued in
Consequence thereof Appointing us the Said John M
Beeckman, Jer V Rensselaer, Isaac Fonda, Mathew Visher,
Hugh Mitchell, John M c lung, Cornelius Humphryes and
Peter Wynekoop, Commissioners for Conspiracies, which
Said Letter Acts and Commission are in the woords fol
lowing (prout)

After the perusal and Examining of which Said acts and
Commission the Commissioners present took the following
oath as is described by one of Said Acts to Wit

I, A.B one of the Commissioners According to the
form and Effect of an Act Entitled an Act for Appoint
ing Commissioners for detecting and defeating Con
spiracies and Declaring their powers Appointed do in
the presence of Almighty God most Solemnly promice
and Swear that I will to the best of my Knowledge
and Ability faithfully Execute and perform for the

1 The laws of February 5 and April 3, 1778, relating to the commissioners.
See Appendix I.

8o State of New York

1778 benefit and Advantage of the People of the State of

New York all and singular the powers and Authorities
by force and Virtue of Said act unto me Given So
help me God

John M c Clung Jer V Rensselaer

James M c Master Mat: Visscher

\Signed\\ Cornelius Humfrey Isaac D Fonda

Willm Wills John M: Beeckman

PetF Wynkoop Jun r Hugh Mitchell

Sam? Stringer Stewart Dean 1

[2] A Return of the prisoners Confined in the City Gail
being laid before this Board and thereupon Resolved that
Letters be wrote to the district Committees from whence
Said prisoners were Sent, to furnish the Commissioners
with their Several Crimes which was wrote in the woords
following (prout)

As als[o] Letters to the Commissioners Appointed in
Tryon County, and those in this & Charlotte County, in
the woords following (prout) Requesting their Speedy
attendance at this place

Resolved That a Letter be prepared to Mess 1 ? Benson,
Platt and Cantine, acknowledging the Receipt of the Acts
and Commission and requesting them to receive for and
transmit to the Commissioners of this County the Sum of
one thousand Pounds out of the Treasury of this State
which Letter is in the following words to wit (prout)

1778 April I4 l . h

Apr. 14. Present

John M Beeckman ) j Jer V Rensselaer
Isaac D. Fonda j \ Math w Visher

1 These signatures were attached to the oath from tim^ to time, whenever
a commissioner qualified.

Minutes of Commissioners for Conspiracies 81

A petition from the officers of Cambridge district & a
Letter from John Younglove in Behalf of Ebenezer Allen,
who had been a prisoner with Burgoyne s Army, and
deserted from thence, Imediately after the Second Battla
of Sarratogo: presented by himself praying to be Rein
stated in his Countery s favour, thereupon Resolved, that
he be dismissed from any farther prosicution he taking the
Oath of fidelity to the State

It appearing to this Board that the Committee of Saratoga
District had ordered several of the Inhabitants of that Dis
trict to depart the same, and otherwise proceeded illegally
against Persons suspected, to be Inimical to the Cause of
America Thereupon Resolved [3] That a Letter be prepared
to said Committee which was done in the words following
to wit (prout)

Rec d the proceedings of a Committee from Charlottee
County ordering Titus Meriman & Another to Convey from
this Goal one William Tiler to be tryed before S d Committee
which Said order being taken Into Consideration thereupon
Resolved that the Requisition Cannot be Complied with
A Letter was prepared Stating the Objections and for
warded to them in the woords following (prout)

Also A Letter was forwarded to John M c Crea Esqf
ordering him to deliver into this Goal Wn 1 M c Crea, who was
permitted to absent himself on Bail of the S d John M c Crea,
in the following woords (prout)

April 15* 1778 778

Present

John M Beeckman ] ( Mathew Visher
Isaac D Fonda j ( Jer V Rensselaer

Nicholas Hagerman from Balls town was Brought before
this Board, & Being Charged with deserting from Said

82 State of New York

^1778 district on a Supposition to go to the Enemy but no
direct proof appearing therefore ordered that S d N Hager-
man be permitted to Return home on Bail of Christopher
Hagerman :

Col! Gordon & Cap* Collins appeared before this board
& Represented that Robert Russell, Roger Hyatt, John
Smyth, Archibald M c Nue M c Night James Robison, John
Fairman, George Gardner, Jonathan Tuttle, Study Scranton,
Henry Bolton & George Bolton, personfs] now again Residing
in Ballston, after having taken up arms against the United
States with Gen 1 Burgoyne, & from appearences they Judge
that the above person s will Return to their duty, thereupon
Resolved that Col 1 Gordon & Cap* Collins be Requested to
Cause the Said Offenders to appeir before them to Enter into
Bail for their future Good Conduct. A Coppy of a Recog-
nizanc[e] for that purpose was furnished them.

[4] William Reside and William M?Auley were brought
before this Board on suspicion of having been with
the Enemy and no direct proof appearing against him
[sic] Ordered that they be permitted to go at large upon
their entring into Recognizance for their future good
behaviour and appearance Monthly before any one of the
Commissioners

William Reside was bound in the Sum of 200

John Miller, .his Bail, .in 100

William M^Auley in 200

John Miller . . his Bail . . in 100

all of Cambridge District in the County of Albany -

The examination of William Reside appears on file
marked N?i.

John Karns and James Asquith were brought before this
Board, and it appearing that they were Deserters from the
Enemy, and that they had during their Residence in this

Minutes of Commissioners for Conspiracies 83

County peaceably behaved themselves and showed a desire
and willingness to remain in the Country

Ordered Thereupon that they be permitted to return
to their place of Residence in Hosick District

Adjourned till 2 OClock P M.

Met according to Adjournment
Present

John M. Beeckman ) f Jer Van Rensselaer
Isaac D. Fonda ] ( Matthew Visscher

[5] Henry Van Hining having some time since been Com
mitted on a Suspicion of having been enlisted in the service of
the Enemy was brought before this Board, and it appearing
from the information of several principal Inhabitants of
this County That during the last Campaign he had acted as a
Guide to the Scouting Parties of our army, and it also
appearing from his examination under Oath That he is a
friend to the Cause of America, and that he does not know of
any Plots or Conspiracies formed or forming in this State
against the Liberties of America

Ordered thereupon That he be Liberated from Confine
ment upon his entring into Recognizance with Surety for his
future good behaviour and Monthly appearance before any
one of the Commissioners

Henry Van Hining of Stillwater in 200

David Young of Schaghtekoeke his Bail 100

Coenraedt Hail, George Miller, George Lucka Henry
Spengler, John Burgdorf, Johan George Jost, and Christo
pher Forman, Deserters from the Brittish army, were
brought before this Board, and it appearing that they had
peaceably demeaned themselves

84 State of New York

^1778 Ordered Thereupon that the said Persons be permitted to
return to their places of Residence

The same with respect to Dennis Dunn, Robert [6]
Crothers and Evans

Jacob Ball Jun? having for a long time been confined
as a Suspected Person, and nothing specially appearing
against him

Ordered Thereupon that the said Jacob Ball Junf be
permitted to return to his place of abode upon entring into
Recognizance with Surety for his appearance before any one
of the Commissioners on the last day of every Month or
sooner if required,

Himself was bound in 100 and