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Presented to the
LIBRARY of the
UNIVERSITY OF TORONTO
by
Ontario
Legislative Library
V /
,
JONATHAN GRIFFIN TOMPKINS.
Father of Daniel D. Tompkins.
Photographed from an oil painting in the possession of Mrs. Lydia P. Patchin, his
great grand-niece.
PUBLIC
OP
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5
DANIEL D. TOMPKINS
GOVERNOR OF NEW YORK
1807—1817
MILITAKY — VOL. II.
WITH AN INTRODUCTION BY
HUGH HASTINGS, STATE HISTORIAN.
PUBLISHED BY THE STATE OF NEW
ALBANY
J. B. LYON COMPANY, STATE PRINTERS
1902
PREFACE TO VOLUME II.
The greater part of the contents of this volume consists of
material relating to the defense of the city of New York, especially
the construction and armament of the works on both the Long
Island and Staten Island sides of the Narrows and on the islands
in the upper bay. The value of the material is the more capable
of appreciation when a comparison is established between the
condition of the defences for the protection of the metropolis
nearly one hundred years ago with those in existence to--da#. The
national government had not then attained the importance and
influence which it began to exert after the termination of the
second war with Great Britain, for the correspondence herewith
published discloses the reliance and dependence which were placed
upon the individual States in the development of the defences
and for the protection of the frontier. In fact, evidence is abund
ant to prove that New York State had supplied the ordnance
which had been mounted in the various works constructed in New
irork harbor.
Other subjects discussed are the Indian question^ which was a
serious problem for the State authorities ; the New York and New
Jersey boundary line dispute; the adjustment of the border line
between Canada and New York, Governor Tompkins, in a lengthy
communication, gravely argues the proposition to transfer West
Point. He suggested to Secretary of War Eustis that the Nar
rows furnished " a most eligible site for a military academy," and
intimated that the institution was designed " for educating officers
PBBF!CB TO VOLUME II.
of the navy as well as army." He dwelt at length upon the propo
sition of establishing a grand arsenal or deposit for military
stores along the Hudson river. He disparaged the site of West
Point because of its impracticability of communication when the
stream was frozen over and because in case of invasion the popula
tion was " so sparse on that side of the river for six- or seven
miles around that no aid or assistance can be calculated upon
from the inhabitants upon a sudden and unexpected emergency."
From the documents submitted an excellent idea is afforded of
the preparations which New York made for the second conflict
with Great Britain.
At the present moment interest is given to Thomas Jefferson's
views of a third presidential term, in response to a set of con-
current resolutions which his Republican friends adopted in the
New York State Legislature, in March, 1807, requesting him to
consent to establish a precedent which Washington, a decade
before, had repudiated.
HUGH HASTINGS,
State Historian.
STATE CAPITOL,
ALBANY, December 2, 1903.
ILLUSTRATIONS.
PAGE.
JONATHAN GRIFFIN TOMPKINS FRONTISPIECE.
COLONEL JONATHAN WILLIAMS, OPPOSITE PAGE 250
MoGowANS PASIS, HARLEM HEIGHTS, OPPOSITE PAGE 465
MADISON BARRACKS, OPPOSITE PAGE.. 545
DETAILED TABLE OF CONTENTS.
PAGE.
Judge Tompkins Prefers to be a Judge of the Supreme Court of
New York Rather Than District Judge of the United States. . . 3
Governor Tompkins Asks for Information Regarding the Ordnance
Act, in View of the Chesapeake-Leopard Outrage 3
The Governor Writes an Interesting Letter to Colonel Williams
Regarding Ellis Island 5-8
General Steddiford Receives Instructions from the Governor
Regarding Ordnance 8
The Council of Appointment Meeting Deferred 9
The Governor to Morgan Lewis in Regard to the Guns for the
Defence of New York 9
Governor Tompkins Supplies Information Regarding Military Duty
to a Committee of Ontario County Gentlemen 10-12
Governor Tompkins Discloses a Difference of Opinion Between His
Predecessor and Himself 13
The Governor Notifies a Committee from Buffalo of His 'Prepara-
tions to Protect the Frontier 14
The Governor Forwards Ammunition and Muskets to Niagara
County 15
The Governor Informs Mr. Curtiss that Faith Will be Kept with
the Onondaga Indians — A Question of Leasing their Lands .... 16
President Jefferson to Governor Tompkins — His Tentative Repudia-
tion of a Third Term Nomination 17
The Governor's First Address to the Legislature 18-25
The Embargo. Answer of the Senate of the State of New York to
the Speech of His Excellency the Governor (1808) 26
The Governor to the Senate 26
Answer of the Assembly to His Excellency Daniel D. Tompkins,
Governor of the State of New York 27
vi DETAILED TABLE OP CONTENTS.
PAGE.
The Governor to the Assembly 27
Defences of New York City— Correspondence Between Vice-Presi-
dent Clinton, Secretary of War Dearborn, Colonel Williams and
Governor Tompkins 28-31
Three Changes in the Board of Regents of the University 31
New York and New Jersey Boundary Dispute. History of the
Matter with the Voluminous Correspondence Between the
Commissioners 32-63
The State of New York in Account with Daniel D. Tompkins 64
Delaware Opposes a Proposed Amendment to the Federal Consti-
tution—Virginia's Position on the Proposition 65
The Governor Notifies President Jefferson of the Provisions Made
for the Frontier by the Legislature 66
The Governor's Direction Regarding the Construction of an Arsenal
at Rome 68-70
Governor Tompkins to General Dearborn on the Defences of New
York City 71
The Governor Distributes Ordnance Supplies and Issues Instruc-
tions to John M'Lean, Commissary of Military Stores 72-76
Governor Tompkins to General Dearborn Relative to Arsenals in
New York and Defences 76-78
Governor Tompkins to Colonel Williams in Regard to the Works at
the Narrows and the General Defences of New York City 78
Governor Tompkins Writes to General Peter B. Porter in Regard to
the Arsenal at Canandaigua 79-81
Governor Tompkins to Judge Ellicott Concerning the Distribution
of Arms for Niagara County 81
The Governor Requests Advice from Judge Sailly, and Several
Others 82-84
The Governor Explains to Judge Townsend why General George
M'Clure was not Appointed to the Command of the Western
Detached Brigade 84
The Governor Informs General Dearborn that the Value of Ellis
Island has been Fixed at Ten Thousand Dollars. . 85
DETAILED TABLE OP CONTENTS. vii
PAGE.
The Governor Informs Mr. Hubbard that the Arms for the Defence
of the Northern and Western Frontiers are Ready for Trans-
portation 86
Governor Tompkins Assigns to General M'Olure His Reasons for
Appointing General Swift Instead of Himself 87-89
Governor Toinpkins to General Dearborn in Regard to the Trans-
fer of Ellis Island 89
The Governor Issues Orders to Captain William Yates 90
The Governor Acknowledges the Patriotic Tender of Two Organiza-
tions of General Van Schaick's Brigade 91
Governor Tompkins to David Ford Regarding Arms and Equipment
for St. Lawrence County , 92
The Governor to Mr. Terry on a Matter of Law 93
The Governor's Directions for the Treatment of the Brothertown
Indians 94-96
Governor Tompkins to James Watson in Regard to the Canan-
daigua Arsenal 96
A Commission to Remedy the Evils of the System of the Court of
Chancery 97
Governor Tompkins to Joseph Clark Anent Federal Patronage for
Jefferson County 98-100
The Governor Submits a Matter of Patronage to Mr. Huntington. . 100
The Governor to General Dearborn Reporting Depth of Water in
Upper New York Bay from Ellis and Bedlows Island to Long
Island : 102-104
The Governor to President Jefferson Regarding Violations of the
Embargo at Oswego 104-106
The Governor Opens Negotiations for the Purchase of Red Hook
and so Reports to General Dearborn 106
Governor Tompkins Calls upon Judge Van Ness for a Report of all
Convictions in Death Cases 107
The Governor Describes Minutely the Military Situation in this
State to General James Wilkinson 109-115
The Governor's Aim for Disinterestedness in Suggestions to Gen-
eral Wilkinson . 116-118
f
viii DETAILED TABLE OF CONTENTS.
PAGE.
The Governor's Instructions to Captain Oock 118
The Governor Gives Soldierly Instructions to the Three Captains
Ordered to Lake Champlain 119-121
Colonel Livingston Notified the Troops are on the Way 121
The Governor Explains why the Governor Alone Can Constitution-
ally Commission Military Officers 122-124
The Governor to Colonel Simonds Respecting the Situation Along
the Frontiers 124-128
The Governor's Ideas Relative to the Authority of the Military in
Cooperating with the Civil Authorities 128
The Governor Issues Further Orders to the Captains Ordered on
Frontier Duty - 129-131
The Governor's Belief that the Military Should Act as Auxiliaries
to the Collectors in Embargo Affairs 131-133
Governor Toinpkins to the Governor of South Carolina in a Requisi-
tion Case 134
Governor Tompkins to a Committee in Regard to Road Commis-
sioners in Dutchess County ; 134
The Governor Apprehensive that Certain Orders Have not been
Promulgated 135-137
The Governor of the Opinion that a Proportion of the Qannon in
the Harbor Defences of New York Belongs to the State 137
Fortifications on Staten Island. Colonel Williams' Comprehensive
Plan for the Defences at the Narrows .138-145
The Governor to DeWitt Clinton in Regard to the Acquisition of
Land for the Arsenal near the Battery in New York City 146
The Governor Notifies the Commissioners who are to Remodel the
Court of Chancery Code 147
The Governor's Address to the Legislature 148-153
Reply of the Senate 154
The Governor's Reply to the Senate 154
Reply of the Assembly to the Governor 154
Reply of the Governor to the Assembly ,. . 155
The Governor's Expense Account for the Construction of the
Arsenals in New York City and Canandaigua 155
DETAILED TABLE OP CONTENTS. ix
PAGE.
The Governor Reports Military Progress to the Legislature 156
For a State Standard of Long Measure 158
Regarding Light Houses, Fortifications and Arsenals 158-160
Governor Tompkins to the Fortification Commissioners for the
Defence of New York 161
The Governor Lays Claim in Behalf of the State for the Ordnance
in the forts in New York Harbor 163
The Governor Proves by the Record that the State, not the Nation,
Owns the Ordnance in the New York Harbor Fortifications. . . .163-165
The Governor Brings Serious Allegations Against the Customs Col-
lectors at Champlain, Oswego and Sacket Harbor 165-167
The Governor Compliments Captain Jacob Haight for Volunteer-
ing with His Company 167
And a Similar Compliment to Captain Andrew Brown of Pitts-
town 168
The Governor Submits a List of Expenses, Including Incidentals,
to General Dearborn 168^-171
The Governor Makes a Requisition upon Captain Whiley for New
York's Ordnance in the Harbor Forts ; 172
The Governor Directs Commissary M'Lean to take Possession of
New York's Ordnance in the Federal Forts 173
The Governor Consults General King on a Question of Command
Between Himself and General German 174
Governor Tompkins Rebukes the Misdirected Patriotism of the
Albany Rifle Corps 174-176
The Governor Accepts the Tender of Captain Moore and His Com-
pany of Cavalry 176
The Governor Willing to sell a Plot of Ground in New York to
Archibald Gracie at Private Sale 177-179
The Governor Expresses Words of Eulogy for Captain Lockwood's
Albany Rifle Company 179
The Governor Compliments the Hudson Artillery Company for
Their Patriotism '. 180
The Governor's Warm Tribute to Major Francis M'Clure's Bat-
talion of Riflemen v.fV^f. ,&„ 181
*
I
x DETAILED TABLE OF CONTENTS.
PAGE.
The Governor to Mr. Nathaniel G. Ingraham in Regard to a Per-
sonal Matter
Captain William S. Parker's Efforts to Organize a Rifle Corps 183
The Governor Accepts Captain Fitzgerald's Cavalry Company 184
The Governor Asks President Jefferson for Guns for the Fort at
the Staten Island Side of the Narrows (Fort Wadsworth) 185-187
Another Vacancy in the Board of Regents 187
The Governor Informs General Dearborn He is Overwhelmed with
Applications for Commissions— The Militia and the Regulars. .187-189
General Benjamin Mooers Appointed to the Command of the Cham-
plain District 189-192
Collector Woolsey Notified 192-194
Oneida Indians Negotiate for the Sale of Lands 194-196
Military Stores and How Distributed in the Early Winter of 1809. .196-200
Memoranda of the Governor Together with Specifications for an
Arsenal 200-202
Further Expense of Ordnance and Ammunition ,. . . . 202
Maryland Votes Against the Proposed Judicial Constitutional
Amendment 202
Massachusetts Disapproves of the Virginia Amendment to the
Constitution 203
The Oneida Indians by Treaty Part with a Portion of Their Lands . 204-206
For the Public Defense. Progress of the Works at the Narrows
with the Expense of Construction 206-210
The Governor to Dr. MacNeven — Regarding Uniforms 211
The Governor Finds Himself Involved in a Complicated Situation
Touching Red Tape and Remittances 212-214
Governor T'ompkins Makes an Explanation to Colonel Van Oort-
landt Regarding an Appointment 214-216
The Transfer of West Point Discussed. Governor Tompkins Sug-
gests Several Available Sites in this State to Secretary of War
Eustis and Gives an Exhaustive Report on the State's Military
Resources 217-224
The Governor Writes in Regard to Artillery Equipment 224
The Governor to Moses I. Depuy 225
,--•£• ! : ( - . • .
The Governor Gives^ Advice Touching the Profession of the Law. . 226
' '
DETAILED TABLE OF CONTENTS. xi
PAGE.
The Governor to Cornelius Timpson Relating to an Application for
a Position 227
The Governor Mounts the Forts in the Harbor with New York
Guns but Asks Secretary Hamilton for Seasoned Timber for
Gun Carriages 227
The Governor to the Secretary — Fortifications on Red Hook 228
To Charles Baker in Regard to Court of Inquiry Report 229
To Horatio G. Spaff ord in Quest of Official Information 230
The Governor's Address to the Legislature 230-237
Reply of the Senate 237
The Governor's Reply to the Senate 238
Reply of the Assembly to His Excellency Daniel D. Tompkins 238-240
The Governor Replies to the Assembly 240-242
New York's Harbor Defence. The Commissioners of Fortifications
and Colonel Williams File Their Reports with the Governor. ... 242
Report of Chairman Clinton 243-2-16
Report of Colonel Williams 246-249
New York Harbor Defences 250-202
rJhe Commissioners for Erecting Fortifications Under the Author-
ity of the State of New York with His Excellency Daniel D.
Tompkins, Governor of the same 253
To the Secretary of the Treasury — Thomas Davis Recommended
for Collector of the Northern District— Attitude of the St.
Regis Indians 254
The Governor Expresses His Views on the Proposition to Pardon
a Counterfeiter or Forger , 256
Oneida Indians Desirous of Selling More of Their Lands. 256
The Governor to the Legislature Regarding the Military Resources
of the State in 1811 257-261
De Witt Clinton on the Part of the Fortification Commission
Reports on the Progress of Fort Richmond 261-263
A Report of all and Singular the Warlike Stores Belonging to the
State of New York, February 27, 1811 263-269
Governor Tompkins on the Question of Land for the Brooklyn Navy
Yard to Mayor Radcliff of New York. . .j\\W . .(Jte 269
lm\
I
xii DETAILED TABLE OF CONTENTS.
PAGE.
The Governor Repels an Accusation of Henry Lowther 270
The Governor Exculpates General Van Wyck from a Disagreeable
Charge 271
More Territory Acquired at the Narrows for the Forts 273
In Regard to the Acquisition of Land for the Brooklyn Navy Yard . 274
The Legislature 'Prorogued — Governor Tompkins Resorts to a Radi-
cal Prerogative to save the State from Scandal 275-279
The Governor to Peter Sailly Concerning the Complicated Dis-
bursing Accounts 279-283
To Dr. David Hosack— Relating to the Land Board. 283
The Governor Advises George M'Clure to Withdraw His Resigna-
tion 285
Henry Lowther Severely and Unjustly Treated 285
The Governor and an Adverse Council of Appointment — He Refuses
to Call a Meeting 286
The Governor Offers to Make an Exchange of Ordnance With the
Secretary of the Navy 287
The Governor Gives an Inkling of the Differences Between Him
and the Council of Appointment 288
The Governor Informs Colonel Williams of the Disposition of New
York to Cooperate with the Federal Government in the Acqui-
sition of Lands for Harbor Fortifications in New York 288-291
The Governor Attempts to Adjust Differences Between Judge
Nicholas and Elijah Miller 291
Difference of Opinion Between the Onondaga Salt Springs Com-
missioners 292
The Governor to Nathan Williams Regarding the Oneida Indians . . 298
Concerning Arsenals and Disbursements 294
The Governor to Morgan Lewis on the Power of the Senate to
Elect a President Pro Tern 295-298
The Governor Awaits President Madison's Message 298
Governor Tompkins Writes a Personal Letter to Colonel Liv-
ingston 299
Governor Tompkins to Colonel Williams on Military and Personal
Affairs . .299-301
DETAILED TABLE OP CONTENTS. xiii
PAGE.
The Governor Recommends Colonel Livingston for a Commission
in the Army to the Secretary of War 302
The Governor Makes a Requisition Upon the Governor of Penn-
sylvania for a Criminal 302
And so Informs Aquila Giles 303
The Governor Calls Attention of the Secretary of State of the
United States to the Disputed Border Line in the St. Law-
rence River, Including the Thousand Islands 303-305
The Governor Brings the Matter of the Canadian Boundary Line
to the Attention of Congressman Peter B. Porter — The Mili-
tary Academy 305-309
Governor Tompkins' Advice to an Applicant for Office 310
Governor Tompkins Requests Congressman Mumford to Supply
Him with Washington News and Gossip 310-312
The Governor Writes to Colonel Williams That He Dreads a
Journey to Washington — Land for Fortifications on Staten
Island 312
Governor Tompkins Requests the Opinion of Chief Justice Kent
in the Case of Johnson, Convicted of Murder 313-315
Governor Tompkins Acquiesces in the Verdict in the Johnson Case. 315-320
The Governor Declines to Interfere in the Case of Sinclair, Con-
demned to Death 320-324
And Notifies John Anthon to that Effect 324
The Governor Asks John V. Henry for Information Regarding a
Fee 324
Legal Questions Involved in the Settlement of the Estates of Ray
and Everson 325-328
The Governor to John Murray Anent the Johnson Murder Case. .. 328
The Governor Addresses the Legislature on the Events of the Day. 330-334
The Governor to Morgan Lewis in Relation to Lands for Fortifica-
tions and the Agitation to Move the West Point Academy 334-336
The Governor to Colonel Johnson on the Liability of Judges of
the Court of Common Pleas to Perform Military Duty 336
The Governor and the Case of Captain Felt 337-339
The Governor's Mock Threat to General Browii. . 339
I
XIT DETAILED TABLE OF CONTENTS.
PAGE.
The Governor to Negotiate with the Seneca Indians for the Pur-
chase of Islands within the State in Niagara River. 339
The Governor Forwards Ten Dollars to Mr. Sailly as Final Pay-
ment on the Plattsburgh Barracks. 340
The Governor Suggests the Name of a Postmaster at Mayfield. .. . 342
The Governor Asks the Attorney General for an Opinion on an
Indian Matter 342-344
The Governor's Explanation of the Friction Between Himself and
the Council of Appointment 344
The Governor's Opinion on Indiscriminate Bookmaking 345
The Governor Recommends to Mr. Secretary Gallatin John B.
Eselstyne for Surveyor at Cape Vincent , 346
The Governor to Secretary of War Eustis — Ceding Land on Staten
Island to the Government for Fortifications 347
Brigadier General Paul Todd Made a Major General 348
The Governor Writes to Mr. Secretary Monroe in Behalf of Clark,
Prisoner on a British Ship 348
The Governor to John Van Ness Yates — Resignation of a Public
Officer 349
The Governor and the Commission to Lay Out the Black River
and Sacket Harbor Turnpike Roads 350-352
Governor Tompkins Acknowledges the Present of Saddle Equip-
ment 352
Establishing the Citizenship of Clark, the Prisoner 353
The Governor to Dr. De Witt Regarding a Loan Made for the
College of Physicians and Surgeons 353
The Governor Believes in Case of Hostilities the Sea Coast Will
Receive the First Blow 354
The Governor Expresses His Thanks to Captain Ferris and His
Company for Volunteering 355
The Governor Asks the Attorney General to Look After the
State's Interests in Regard to Salt Land Titles 356
The Governor Acknowledges the Receipt of Courtesies From
Massachusetts 357
The Governor Informs Mr. Sage he Can Only Order Troops to Pro-
tect Government Property at the Direction of the President. . . 358
DETAILED TABLE OP CONTENTS. xv
PAGE.
The Governor to Mr. Werner Relative to Cavalry and Artillery
Equipment 359
Mr. Secretary Gallatin Approves the Bill of Mr. Asa Wells 359
The Governor Recommends Frederick Prevost for the Army 360
Governor Tompkins <to Congressman Paulding — Vouches for Dr.
Bullus 361
He Expresses Faith in His Innocence to Dr. Bullus 362
The Governor Assures Colonel Constant of His Support in Aspir-
ing to Become Governor of Florida 363
The Governor Urges Mr. Secretary Monroe to Hasten the Adjust-
ment of Our Northern Boundary Lines 364
A Question of Rank Between Majors Ford and Edsall 365
The Governor Brings the Ambition of Colonel Constant to General
Paulding 366
Major Francis M'Clure Aspires to the Regular Army — The Gov-
ernor Interested in a Bit of Gossip 367
The Governor Promises Major M'Clure Employment in the Militia
Should His Other Ambition Fail 368
Secret Mission of Government Officers to Our Frontiers 368
The Governor to Jasper Hopper in Regard 'to the Onondaga
Arsenal 369
The Governor Applies to Dr. Mitchill for Government Documents. 370
Reasons Why Governor Tompkins Looks for War 371--373
Major Canningham Recommended for the Army by Governor
Tompkins 373
Disappearance of General Orders for Several Years — Qualifica-
tions and Standard for Army Officers 373-375
The Governor Recommends the Son of Robert M'Clallen for an
Army Appointment 375
The Governor Asks the Secretary of War for Information 376
The Governor Asks That Mr. M'Clallen be Appointed to the Ar-
tillery 377
And Brings the Young Man to the Notice of Congressman Har-
manus Bleecker 378
The Governor Notifies Colonel Livingston to Draw Upon Him for
Any Reasonable Sum 379
f
xvi DETAILED TABLE OF CONTENTS.
PAGE.
Dr. Guiteau Invents a New Death Dealing Rocket 379
Jason Rudes Recommended for the Cavalry 38O
Asa Wells's Receipts Forwarded to Mr. Secretary Gallatin 381
A Personal Letter from the Governor to Colonel Robert Macomb. . 381
The Government Building at the Battery in a Ruinous and Dis-
reputable Appearance — Preparing for Its Condemnation 382-384
The Governor Informs Captain John Marshal He Has No Authority
to Raise or Accept Volunteer Companies. 384
The Governor Recommends John M'Kinley for the Army 384
The Governor Suggests a General System for Regulars and Militia
and Incidentally a Unaed States District Judgship to General
Paulding, 385
The Governor Willing to Supply Captain Mount with Nine
Pounders 386
The Governor Recommends Thomas Earle for a Regular Army
Commission 386.
The Governor Recommends Mr. Swartwout of New York for the
Army 387
Captain Moseley Complimented 388
The Governor to Mrs. Valleaw in Behalf of Her Son with Military
Aspirations 388
The Governor Espouses the Military Ambition of George Hodgson . 389
Governor Tompkins Endorses Ludlow Dashwood's Aims to be a
Purser in the Navy 390-
The Governor Indulges in General and Military Gossip 390-392
On Military and Family Concerns to Colonel Macomb 392
The Governor to John Cooke in Regard to His Military Organiza-
tion 393-
Colonel Fitzgerald Recommended by the Governor for the Regular
Cavalry 394
The Governor to Thomas Addis Emmet Touching a Legal Matter. . 395
The Governor Suggests to the Secretary of War the Propriety of
Laying in a Large Supply of Powder in the Champlain Dis-
trict 395
The Governor Declares Members of Congress Are Wiser at Wash-
ington than at Home, and Explains Why 39G
DETAILED TABLE OF CONTENTS. xyii
PAGE.
The Governor Notifies Commissary M'Lean of His Intention to
Send Him Ten Thousand Dollars 397
Governor Tompkins Introduces Colonel Jasper Ward to Mr. Secre-
tary Hamilton 398
The Governor Pays a Powder Contract Account 399
Treasury Payments Held Up Because of the Failure of a Lottery
Ticket Firm 399
The Governor Requests Colonel Curtenius to Forward a Bound
Census Return 400
A Tempestous New Year's Day for the Governor and Militia to
Attend Church 400
The Governor's Cordial Indorsement of Messrs. Sproull and Fink
for Military Commissions 401
General Paulding Urges Preparations for Hostilities — The Rich-
mond, Va., Theatre Holocaust 402
The Governor Recommends Jonas Holland for an Army Commis-
sion 402
The Dispute Between Messrs. Ford and Edsall Leads to Jacob
Brown's Promotion as a Brigadier General — The Governor's
Exhaustive Review of the Case 403^09
Guilford D. Young Recommended by the Governor for a Commis-
sion as Major in the Army 409
The Governor and the Commissioners of the Land Office 410
The Governor Assists the Military Ambition of Hugh R. Martin. . 411
The Governor Brings the Young Gentleman to the Attention of
United States Senator German 411
The Governor Recommends Dr. ^dams for a Commission as Sur-
geon in the Army 412
The Governor Shows that legislative Conditions One Hundred
Years Ago Were Similar to Those of To-day — He Foreshadows
His Proroguing the Legislature 412-416
The Governor's Instructions to Captain Humphrey Concerning Mr.
Frisbee's Responsibility for Public Property of the State 417^20
Governor Tompkins Notifies William Ray that a Special Agent Is
Investigating the Matter of Public Property at Elizabethtown. 420
Judge Jenks also Notified by >the Governor 421
ii
xviii DETAILED TABLE OF CONTENTS.
PAGE.
The Governor Likewise Informs Mr. Simeon Frisbee of the Fact. . 422
The Governor Favors State Ownership in an Armor and Cannon
Foundry ' 42S
Value of Property on tne Bowery in 1812 • . 423.
The Governor to Colonel Macomb on General Topics : 424
The Governor Declines to Interfere in the Case of Dr. Howell, a
Convicted Felon 425
The Governor Expresses His. Yiews on Chirography. 427
The Governor Makes an Explanation in Behalf of Mr. Erwin to
His Colonel 427
The Governor's Special Plea for the Appointment of Master Gray,
as Midshipman in the Navy 428
The Governor to Dr. Miller Concerning Young Anderson's Applica-
tion for an Army Commission 429
The Governor Recommends Peter Donnelly for a Naval Commis-
sion " Beyond That of Midshipman " 429
And William B. Adams for the Navy 430
The Governor Recommends General Daniel Brown Jr., as a. Fit
Battalion Commander 431
Elbert Anderson Jr., Recommended by the Governor as an Efficient
Commissary Contractor 431
General Giles Rebuked and Adjutant Bockee Cautioned by Gov-
ernor Tompkins 432
William D. Lawrence's Military Ambition Encouraged by the
Governor 433
The Governor Supports Colonel Lamb for Appointment as Deputy
Quartermaster General 434
The Governor Indorses the Applications of Messrs. Mulaney and
M'Keon for Army Appointments 434
The Governor Asks General Porter's Assistance in Behalf of
Colonel Lamb 435
Robert M'Koy with the Governor's Indorsement Solicits a Sub-
altern's Position 436
The Governor Administers a Stern Rebuke to Mr. Valentine 43ft
Lieutenant Cobb Aspires to a Position on General Gansevoort's
Staff — The Governor Assists Him 437
DETAILED TABLE OP CONTENTS. xix
PAGE.
Political Affiliations to be Considered in the Matter of Military
Recommendations 437
Darby Noon Recommended for the Commission of Major 438
A Financial Transaction 439
Dr. Josephus Bradner Stuart Recommended by the Governor for
the Hospital Staff 439
And Dr. Cande Also 440
And Mr. Clark, for the Cavalry 440
Captain Jacob H. Van Schaick for a Captaincy 441
Mr. John Kirby for a Lieutenancy or Ensign 441
Valuable Suggestion to Adjutant Bockee 441
In Relation to Several Young Gentlemen with Military Aspira-
tions , 442
The Governor Notifies Mr. Evans that His Resignation Has Been
Destroyed 443
The Governor's Address to the Legislature — Preparations for War. 443-457
More Military Candidates 457
Necessity of Preparations for War — Governor Tompkins Brings
Several Valuable Military Suggestions to Assemblyman Van
Vechten , 459-467
The Governor Recommends a Number of Applications for the
Army and Navy 467-470
Master Gray Appointed a Midshipman 470
The Governor Gives Captain Mount an Order for a Nine Pounder
and Information Concerning a Gun House 470
The Governor Recommends Military Candidates to Congressman
Cook 471
The Governor and the Accounts of the Brothertown Indians 471
The Governor Calls Upon General Paul Todd for an Explanation. . 472
Additional Applications for Military Glory 473
The Governor to Mr. Secretary Gallatin in Regard to Fugitives
From Justice 474
Dr. Chichester Brown Applies for a Surgeon's Position in the
Army 475
Revision of Chancery Proceedings 475
xx DETAILED TABLE OP CONTENTS.
PAGE.
The Governor to Mr. Comptroller M'Intyre — Wharfage at Sag
Harbor and Mr. Frisbee's Bond 476
The Governor Retains Counsel to Protect State Interests in the
Titles of Onondaga Salt Springs Titles 476
The Governor Informs Dr. Graham on Personal Affairs 477
The Governor Indorses Mr. Donnelly's Application to Become a
Sailing Master 478
Mr. Smith's Account Settled 479
Aggressions Upon Indians — Governor Tompkins Gives Detailed
Instances to the Chairman of the Assembly Committee on
Indian Affairs 480-484
The Governor Acknowledges Mr. Curtenius' Politeness in Forward-
Ing an Official Census Return 484
The Governor to General Morton on Financial Affairs, with a
Checque for Mr. Flewwelling 485
Governor Tompkins Recommends Mr. Heard as Consul General to
London 486
Mr. Stockholm Accuses Philip Spencer of Attempting to Traduce
His Character 486
The Governor Forwards to -the Secretary of War the Annual Re-
turn of the State's Military Stores 487
Several Additional Military Applications from the Governor to
the Secretary of War 487
A Financial Transaction 488
A Draft on Whitehead Fish 488
More Army Recommendations from the Governor 489
The Governor Congratulates Mr. Sailly on his Escape from a Rob-
ber and Refers to the Weakness of the Law Regarding
Fugitives from Justice 489-491
The Army of Military Applicants Increasing 491
The Governor Testily Opposes the Ambition of Certain Federalist
Military Officers 491
The Governor Suggests Several Names to Congressman Cook 492
The Governor Recommends Mr. Blair as a Midshipman 492
The Governor Subscribes to the " Lynx ". . 493
DETAILED TABLE OP CONTENTS. xxi
PAGE.
The Governor to General Porter — Recommends Military Appli-
cants 494
The Governor Performs a Kindly Act for a Friend in the Interest
of Master John Grigg 494-496
The Governor Forwards Money to Pay for Cartridge Boxes 496
The Governor to the Adjutant General in Regard to Amending the
Militia Law 496
The Governor Cordially Recommends Elisha Taylor for a Lieu-
tenancy of Artillery , 497
The Governor Disposed to Discipline Generals of Militia 497
The Governor Calls a Debtor Sharply to Task 499
The Governor Subscribes to a Work of Travels 499
The Governor Informs Colonel Macomb of Some of the Preroga-
tives of the Council of Appointment < 499
The Governor Requests Definite Information from Mr. Van Wyck
in Regard to a Previous Understanding 500
The Advance Corps of Volunteers 501
The Governor Refers the Secretary of War to Congressman Cook
for Information 501
To the Adjutant General Concerning Blanks 502
To Congressman Cook in Relation to Military Applications 502
The Governor Outlines His Military Policy to the Venerable
Revolutionary General Heath 503
The Governor Explains to Mr. Hurtin the Uselessness of Applying
for a Position in the New York Post Office 505
The Governor Gives the Gun Factories in this State Preference. . . 506
The Governor to John Targee — Financial Transactions 507
To Colonel Henry Bloom. Regarding Technicalities in Military
Commissions 507
Two Nine Pounders Promised to Captain John Mount 509
The Governor Expresses His Thanks to Mr. Lewis for Compli-
menting Him on His Speech 509
The Governor Recommends Judge Ostrom and in Passing Raps
Several Federalist Candidates 510
The Musket Contract Granted. . 511
I
xxii DETAILED TABLE OP CONTENTS.
To Mr. Phoenix Concerning Custom House Suits 511
Two Candidates for Captains in the Army. . ." 512:
A Proposition to Supply Woolens for the Army 513
Mr. Secretary Gallatin to Governor Tompkins Relative to Restor-
ing Fugitives from Justice 514
The Governor Repudiates Alexander Ferguson for Political
Reasons • 515
Henry Brevoort Given a Lieutenant-Colonel's Commission for
Use in France 515
More Military Recommendations from the Governor 51&
Four Thousand State Volunteers to Go Into Camp — General
Paulding Complimented 51T
Patronage in the Master Warden's Office of the Port of New
York 518-
Compensation for Colonel Macomb — Four Dollars a Day and
Expenses . 519
Militia Posted Along Frontier Forts 52O
The Governor Prepares for War— Troops Stationed and Equipment
Gathered 52O
Mr. Burnet Recommended for the Army 522
The Governor Disgruntled — Political Enemies Appointed to Office
and Washington Instructions Imperfect 522
The Governor Dreads the Election of Federalist Senators 523
The Governor Expresses His Gratitude to the Citizens of Balls-
ton 524
The Governor's Prorogation of the Legislature — He Is Dubious of
Republican Success in New York City 525-
A Detachment from the Madison-Cortland Brigade Ordered to
Oswego 526-
General Widrig Appointed to the Command of a Division — His
Detachment Ordered to the Black River 527
General Hall's Detachment to be Ordered to Fort Niagara 528
Dr. Tonnellier Applies for an Army Surgeon's Commission 529
Several of Congressman Bleecker's Constituents Apply for Com-
missions Through the Governor 530
DETAILED TABLE OF CONTENTS. xxiiL
PAGE.
The Governor Transmits Two Additional Applications 531
The Son of a Revolutionary Character Recommended for a Com-
mission 531
Preparing for the Presidential Election — The Governor Urges
Harmony in Republican Ranks — Dewitt Clinton's Attitude in
the Bank Affair 532-535
The Governor Expresses His Gratitude to the Republicans of Balls-
ton for Complimentary Resolutions ; . 535
The College of Physicians and Surgeons and a Note 536
Applications for Military Commissions 537-539-
Judge Breese Apparently Aggrieved 54O
Mr. Kellogg Applies for a Subaltern's Commission 541
The Governor Informs His Former Private Secretary That He Has
Forwarded Mr. Kellogg,' s Application to Washington 541
Mr. Giddons a Candidate for Office 542
In Regard to Converting Cavalry Into Horse Artillery 542
" The Situation in England in 1811 " 543
Two More Military Applications 543
In Regard to the New York Artillery 544
The Governor Galls Commissary M'Lean's Attention to the Im-
portance of the Works at the Narrows 544
The Governor's Warm Indorsement for Isaac Keeler, A Revolu-
tionary Soldier 545
To John Mahon in Regard to Representation in Congress Under
the New Census ! 546
The Governor Urges Harmony and Conciliation — Otherwise Defeat
for the Republicans, He. Says 547
Governor Tompkins to Frederick Rhode in Regard to the Onondaga
Salt Springs with Mr. Rhode's Letter 548-550
Brigade and Division Returns 551
Two More Applications for Military Distinction 552
Mr. Anderson Receives the Commissary Contract 553
The Governor's Instructions to his Quartermaster-General, Peter
B. Porter, in Regard to the Camps Along the Frontier 553^556
xxiv DETAILED TABLE OF CONTENTS.
PAGE.
John Campbell of New York and Major Francis M'Clune Seek
Army Commissions 556
Mr. John Rogers' Desire to Visit Europe in a Government Vessel. . 557
The Governor Puslies Major Noon Forward for a Line Command. 557
Mr. Tubele an -Applicant for Military Honors : 558
The Governor Compliments Captain Maher and the Republican
Greens for Volunteering 558
Oaptain Maher' s Tender Forwarded to the Secretary of War ... 559
Major Noon Notified of His New Honors 5*9
Lieutenant Colonel Laight's Indorsement, Indorsed by the Gover-
nor 560
•Ordnance Supplies and Four Gun Carriages for the Works at the
Narrows 560
A Suggestion of Real Estate Values in New York in 1812 561
Mr. John Jacob Astor's Real Estate Transaction with the State
and Government 562
The Governor Directs the Expenditure of the Unexpended Balance
on the Works at the Narrows 562
•Captain Moseley's Offer Accepted — Conditions Under Which Volun-
teers Were Accepted 563
•Colonel Lamb Notified He Must Remove His Recruiting Rendez-
vous from the Albany Arsenal 564
Instructions for Colonel George Fleming ,. . 565
The Governor, in Behalf of Senator Smith, Applies to the President
for Letters of Introduction 566
Imperfect Ammunition — The Governor Looks After Ordnance
Supplies for the Inevitable War 567
Ammunition Ordered for the Canandaigua Arsenal 567
General Amos Hall Congratulated and at the Same Time Receives
Instructions 568
Instructions to Colonel Swift Who is Ordered to Niagara 569
James Watson's Application for the Army Indorsed 570
Mr. Loyd Applies to Manufacture Powder— Materials Supplied 571
Truman Adams Appointed Surgeon's Mate 571
Dr. Hews Recommended as an Army Surgeon 572
DETAILED TABLE OP CONTEXTS. xxv
PAGE.
The Governor Requests Governor Gerry of Massachusetts to Ap-
point with Him Judge Chipman, of Ontario, as Indian Super-
intendent 572.
The Governor Accepts the Services of a Company of Artillery 573
The Governor Makes Application for the Appointment of Thomas
Machin Jr., to the Army 574
The Governor to the Secretary of War in Regard to the Protection
of the Frontier 574-578
John Fellows Applies for Appointment in the Commissary or
Quartermaster's Department 579
The Governor Makes Requisition for Ammunition and Equipment
for Colonel Bellinger's Detachment 579
Ammunition Ordered to General Hall 58O
The Governor Jogs Mr. M'Lean's Memory for Ammunition 580
General Widrig Receives Instructions for the Black River Detach-
ment 581-583-
Colonel Bellinger Assigned to Command the Black River Detach-
ment and Receives His Orders. . . .1 583-
Augustus Porter, of Niagara County, Recommended by the Gover-
nor to the President for Indian Agent 584
The Governor Censures Silvanus Miller for Flagrant Breach of
Faith 585-587
In re Applications for the Army . 588
The Offer of the Republican Greens Accepted by the President 589
General Morton Rebuked for the Tardy Call to Duty of the Ar-
tillery of His Command Ordered to the Forts at the Narrows . . 589
Captain John James Thanked By the Governor for His Patriotic
Tender 590
Mr. Ball Aspires to be a Midshipman 590
Blanks and Returns for the Troops 591
The Governor Submits a List of Names for the President to Select
a United States District Court Judge 591
Additional Attractions Held Out for Volunteers 592
Another List of Military Applications 593-595
Captain Mulnolland's Artillery Company's Offer Accepted 595
Applications for the Navy 595
'
DETAILED TABLE OF CONTENTS.
PAGE.
The Governor Informs Mr. Williams that His Name Has Been
Sent to the President as Candidate for the United States
Judgeship 596
Mr. Holt Informed That Despatches for Colonel Bellinger Are to
be Addressed to Holt 597
The Governor Summons the Council of Appointment to Meet at His
House in Albany, on Monday, May 18, 1812 597
To Peter B. Porter Concerning the Conditions Along the Frontier. 598-600
Two New Battalions of Artillery with the Names of the Com-
manding Officers Suggested by the Governor to General
Stevens 600-602
The Governor Puts a Pew Military Questions to Mr. Secretary
Eustis 602
Relative to Pay, Subsistence, Forage and Clothing of Troops . . 603
The Governor Supplies. General Porter with Information and the
Articles of War , 605
The Governor Acknowledges the Receipt of $20,000 from the
Government 606
Makes Formal Acknowledgment to the Treasurer of the United
States 606
A Confusion in the Name of Donnelly 607
Dr. Joseph Ely Recommended as an Army Surgeon 607
lieutenant Colonel Bellinger in Command of the Detachment of
Observation 608
General Paulding's Opinion Asked on a Military Technicality 609
Dr. Hamlin Solicits Appointment as an Army Surgeon 610
The Question of Exemptions from Military Duty 610
Applications for Military Honors 611
In Behalf Matthias Bruen of New York in Bond Remission Matter.. 613
Adjutant General Paulding Wavers in His Duty — Albany or Wash-
ington 613
The Governor's Deferential Position to the Judgment of Chancellor
Lansing on the Six Million Bank Charter 614
The Governor's Offer to Commission Clement C. Moore a Pay-
master to Relieve Him of an Embarrassing Situation. . 614
DETAILED TABLE OF CONTENTS. xxvii
PAGE.
Dr. Charles Townsend Desires to Become a Hospital Superin-
tendent 616
The Assembly Refuses to Permit the Government to Build a Fort
on the S^ate Prison Wharf at Greenwich Village 616
Trouble Between Mr. Isaac Snedeker and His Captain Over a
Certificate 617
-Colonel Fleming Acts as a District Commander 617
•Colonel Bellinger Directed to Open Correspondence with His
Neighboring Commanders 619
Officers for Colonel Tallmadge's Regiment 619
"The Appointment of Mr. Ogden as Indian Agent to the Senecas 620
General Van Wyck's Resignation and His Alleged Grievance
Against the Governor 620-622
Two More Army Applications 622
Dissatisfaction with Rations, and Captain Anderson is Cautioned. . 623
Nicholas Brower Presents Military Hats to Distinguished Gentle-
men ' 624
The Governor Receives an Invitation to Dine with Colonel Sitcher's
Artillery Officers on the Fourth of July 624
For Disposing of the Troops Ordered to the Narrows 625
Mr. Ruggles Strongly Indorsed for an Army Commission 626
Mr. Barent G. Stoats' Application for a Commission in the Army. . 627
Requisition for a Field Piece for Captain Smith's Battery 627
The Governor Discriminates Against a Family of Officers. . . ^ 628
The Governor Appoints Francis M'Clure a Lieutenant-Colonel with
a Bit of Good-Natured Warning 628
Major Slee Apparently Dissatisfied with His Rank 629-631
Field Pieces and Ammunition Ordered from the Canandaigua
Arsenal to Black Rock . 631
Captain Hart Ordered to Deliver His Guns to General Porter 632
The Governor Suggests General John Armstrong as the Military
Commander of New York City 633
The Governor Orders Ammunition and Ordnance to Albany 634
David Dunham Recommended as Deputy Commissary for New
York City . 634
•
xxviii DETAILED TABLE OF CONTENTS.
PAGE.
Major Joseph Skinner Appointed as Assistant Commissary and
Ordered to Plattsburgh 636
Colonel George Fleming, Commissary for the Western District,
Ordered to Albany ., 635
Abijah Yelverton Carries the War News to the Frontier Posts 63$
Major Skinner Ordered to Provide a Suitable Guard for the
Arsenals at Plattsburgh and Elizabethtown 636
The Governor Forwards Five Thousand Dollars to Commissary
M'Lean ' 63T
Commissary M'Lean Notified that Prompt Execution of Orders is
Indispensable 637
A Guard Ordered for the Arsenal at Russel 639
The Governor to Dewitt Clinton — Reinforcement Sent to the Fron-
tier Posts and Twenty-five Thousand Dollars to New York
City 639-641
The Governor Finds Time to Recommend Two Applicants for Army
Commissions . . . ., 641
Transportation to Salem and Sandy Hill Intrusted to Captain
Thomas Campbell 642
The Governor Informs the Quartermaster-General That the Troops
Need Tents and Tent Equipage 643
Cannon Ball Ordered From Whitehall to Plattsburgh by Water 644
J. Tander Bogert Permitted to Send a Substitute .- 644
General Morton Informed That the Fortification Commission is In-
vested with Full Power 644
The Governor Believes He Should Remain in Albany Until the
Arrival of a United States Officer 645
Suspicious Conduct of Vosburgli, the Express Carrier 646
Robert Cocks a Candidate for Military Honors 64T
Colonel Clark Supplied with the Governor's Orders and Corres-
pondence Relating to the Champlain Frontier 648
Fortifications on Denises Point at the Narrows 649
The Governor Notifies Governor Galnsha in Detail of What He
Has Done 649-652
The Case of Vosburgh 652
James Watson Offered the Position of Assistant Commissary,
Fleming Declining 652
Military Papers of Governor
Daniel D. Tompkins.
Military Papers of Governor
Daniel D. Tompkins.
JUDGE TOMPKINS PREFERS TO BE A JUDGE OF THE SUPREME COURT
OF NEW YORK RATHER THAN DISTRICT JUDGE OF THE UNITED
STATES.
New York, 27 March, 1805.
Sir: I have this day received your communication enclosing to
me a commission as Judge of the district of New York. My
preference for the office of Judge of the Supreme Court of this
State, which arises from its tenure being the same, from its
emoluments being more and from the greater tendency of its
duties to preserve my health, induces me to decline accepting
the office of District Judge.
Permit me, Sir, to avail myself of this opportunity, through
you, to assure the President of the United States of my unfeigned
gratitude for this distinguished mark of confidence with which
lie has been pleased to honor me.
I have the honor to be, Sir, with great respect,
The Honble. James Madison.
GOVERNOR TOMPKINS ASKS FOR INFORMATION REGARDING THE
ORDNANCE ACT, IN VIEW OF THE CHESAPEAKE-LEOPARD
OUTRAGE.
New York, July 22, 1807.
Sir: The necessity of completing with the utmost expedition,
the contracts which you may have authorised to be made under
4 ANNUAL REPORT OF THE
the "Act for procuring ordnance and ammunition," passed the
7th day of April 1806,* induces me to apply to you for the neces-
sary information to enable me to proceed with what is unfin-
ished. You will, therefore, particularly oblige me by advising
me of the measures which have been taken under the above men-
tioned Act subsequent to your communication to the Legisla-
ture of the 26th day of March last.f
I am, Sir, with much respect,
Honble. Morgan Lewis, Esq'r.
*AN ACT for the procuring Ordnance and Ammunition. Passed April 7, 1806.
BE IT ENACTED BY THE PEOPLE OP THE STATE OP NEW YORK, represented
in Senate and Assembly, That it shall and may be lawful for the person administering
the government of this State, to cause to be purchased for, and on behalf of this State,
such number of heavy brass ordnance as he shall judge most advantageous to the
public service, together with travelling forges and furnaces, and such other necessary
implements as he shall deem necessary; and that, for the purpose aforesaid, the sum
of thirty thousand dollars be, and the same is hereby appropriated.
II. And be it further enacted, That it shall and may be lawful for the person admin-
istering the government of this State, to cause to be purchased for, and on behalf of
this State, brass field guns mounted and equipped, of such calibres, and in such num-
ber, as shall in his opinion, be requisite for the several companies of artillery which
are now or may be hereafter organized within this State, and that for this purpose
the further sum of twenty thousand dollars be and the same is hereby appropriated.
III. And be it further enacted, That the sum of twelve thousand dollars be and the
same is hereby appropriated for the purpose of purchasing for, and on behalf of this
State, such quantities of powder and ball, and in such proportions, as the person
administering the government of this State shall deem expedient, who is hereby re-
quested to cause the same to be procured as soon as conveniently may be.
IV. And be it further enacted, That the treasurer of this State shall from time to
time, on the warrant of the comptroller of this State, pay to the order of the person
administering the government of this State, for the time being, out of any monies
that are or may be in the treasury not otherwise appropriated, the sum or sums
mentioned in such warrants, to be by him applied to the purposes in this act men-
tioned: Provided such sum or sums shall not exceed in amount the appropriations
in this act hereinbefore made: And provided further, that the person administering
the government of this State shall not purchase or contract to purchase any of the
ordnance, field-guns, powder and ball above mentioned, to an extent beyond the
appropriations in this act.
V. And be it further enacted, That it shall and may be lawful for the comptroller
of this State, and he is hereby directed to borrow for and on account of this State, the
whole or such part of the above mentioned sums of money as may, in the opinion of
the person administering the government of this State, be deemed necessary to be
applied to and for the purposes of this act.
VI. And be it further enacted, That the person administering the government of this
State shall cause a particular report, in relation to the proceedings under this act,
to be made to the legislature at their next session.
VII. And be it further enacted, That so much of the sixth section of this act, en-
titled "An act to organize the militia of this State," as authorizes the person adminis-
tering the government of this State, to distribute gun-powder, shall be and is hereby
extended to each of the regiments of artillery in this State.
fSee Tompkins Papers, Vol. I, pp. 28-30; 152-155; 156-157.
STATE HISTORIAN. 5
THE GOVERNOR WRITES AX INTERESTING LETTER TO COLONEL
WILLIAMS REGARDING ELLIS ISLAND.
New York, July 25, 1807.
Sir: The land around the bastion of the Old Battery belongs
to the corporation of New York together with the land on the
Battery, which will be necessary to answer the purposes of
Fortification.
The land at Potter's field* originally belonged to the corpora-
tion. They granted it to the State for the use of an Arsenal,
but as it has not been applied to that use by the State, and as by
an Act of the Legislature a lease which the Surveyor General
had given of it was directed to be assigned to the Corporation
and the rent which had been received in the meantime was
ordered to be refunded to them, it is to be presumed the right of
the State was relinquished and that the property revested in
the Corporation. At any rate I think their title will be deemed
adequate and that you will have nothing to apprehend from any
interference with you by the agents of the State.
The resolution of the corporation of the 13th instant embraces
the whole property belonging to them. It will, therefore, be
necessary for you only to furnish them with the precise limits
and boundaries of the land required to answer your objects and a
conveyance will be forthwith executed therefor.
By the proceedings of the commissioners under whose super-
intendance the works on Ellis' or Oyster Islandf were erected,
* Established as such in 1794. The present Washington Square.
t Passed March 18, 1808
V. And be it further enacted, That it shall be lawful for the person administering the
government of this state, to enter into and upon the lands called Ellis or Oyster
Island, and to lay out and survey the same; and having made such survey, to con-
tract and agree with the owner or owners of the said island for the whole or so
much of the same, and for any tenements thereon being, as the president of the
United States shall judge requisite for fortifications, and to purchase the same in the
'
G ANNUAL REPORT OF THE
it appears that a committee of the board wasi appointed to
negotiate for the purchase of a part of that Island. The com-
mittee, however, never reported. An agreement was made with
Mr. Ellis and a deed drawn for the ground required, but the
death of the proprietor prevented the execution of the deed.
This fact I have recently learned from one of the board. I am
name and behalf of the people of this state; but if he cannot agree with the owner
or owners thereof respectively, or in case the owner or owners thereof shall be under
age, non compos mentis, or out of the state, then it shall be lawful for the person
administering the government of this state, to apply to the chancellor of this state,
who, upon such application, is hereby required to issue a writ or writs in nature
of a writ ad quod damnum, to be directed to the sheriff of the city and county of
New York, commanding him, that, by the oaths of twelve good and lawful men of
his bailiwick, he shall inquire whether the person or persons owning any of the said
lands and tenements, so to be applied to such fortifications, will suffer and sustain
any and what damages by reason of taking the same for such purpose, and to return
the same writ together with the finding of the said jury, to the court of chancery
of this state without delay; and upon such writ being delivered to the sheriff he
shall give at least fourteen days notice of the time of executing the same, by a pub-
lication in two of the public newspapers printed in the city of New York; and shall
cause to come upon or within the premises, at the time appointed, twelve good and
lawful men of his bailiwick, as aforesaid, to whom he shall administer an oath that
they will diligently inquire concerning the matters and things in the said writ speci-
fied, and a true verdict give according to the best of their skill and judgment, with-
out favor or partiality; and thereupon the said sheriff and inquest shall proceed to
view all and every the said lands and tenements in such writ specified, and having
considered the value of the same as shall be necessary to be vested in the people
of this state for the purposes aforesaid, they shall cause the same to be described,
and shall value and appraise the same and the damage which the owner or owners
thereof shall sustain in consequence of being deprived thereof, and shall define and
ascertain the amount of such value and damage; and the said sheriff and jury shall
make an inquisition under their hands and seals, setting forth the matter above re-
quired, and the sheriff, shall .forthwith return the same together with the said writ,,
to the said court of chancery, and thereupon the chancellor shall examine the same,
and if the writ shall appear to have been duly executed, then he shall enter judg-
ment that the people of this state (the person administering the government first
causing to be paid into the said court the sum or sums of money assessed in said
inquisition, over and besides the costs) shall be entitled to have and to hold all and
every the said lands and tenements, together with the rights and appurtenances
as in the said inquisition described, as fully and effectually as if the same had been
granted by the owner or owners thereof; and if the return so made shall be defective,
the chancellor shall specify the same and shall direct a new inquisition to be taken,
to supply such defect or defects; and upon the title to the said lands and tenements
being vested in the people of this state, as aforesaid, the person administering the
government of this state is hereby required and empowered to convey and grant all
the right, title and interest of this state to the United States, for the purposes in
this act expressed: Provided, That the sum or sums so assessed, and the costs are
paid to the order of the person administering the government of this state, by and
on behalf of the United States.
VI. And be it further enacted, That all the provisions in the last preceding section
contained, are hereby extended to such lands on Long and Staten Islands, and the
Island of New-York, as may be required by the President of the United States, for
the purpose of providing for the defence and safety of the city and port of New
York.— Chapter LI. Laws of New York, 1808.
STATE HISTORIAN. 7
therefore inclined to believe that no title was ever obtained
for any part of that Island, and that the works erected there
are occupied merely by the permission of the owner whose
ancestor assented to it and whose first permission has never
been withdrawn by his descendants. I [It] will, therefore, be
necessary for you to embrace, in any deed you may obtain,
the whole Island. The land round the Island between high
and low water mark was conveyed by the corporation to the
State. The title of the latter to that ground you may rely upon
having conveyed as soon as the necessary forms can be com-
plied with.
The right of ceding the jurisdiction of lands necessary for
fortifications to the extent of 200 acres as I am informed, was
by an Act of the last Session of the Legislature delegated to a
board of State Officers of whom the Governor is one. I will
convene that board as soon as you will acquaint me with the
limits and boundaries of the tracts of which the Jurisdiction is
desired and have no doubt of their immediate compliance with
your wishes in every particular.
I am willing to give my assent to the transfer of Mr. Lent's
lease immediately; but the granting of the fee of that land to
the United States must depend upon the Legislature of the
State at their next Session. The renewal of the lease will de-
pend upon the Surveyor General who is now in Town, and who
with the assent of the Governor is, by an Act of 1803 authorized
to lease certain property belonging to the State, under which
act Mr. Lent's present lease was granted. I would advise an
application to him with respect to the renewal of the lease and
my approbation will not be wanting to any arrangement which
he shall deem proper.
8 ANNUAL REPORT OF THE
Permit me to assure you of my earnest desire to give every
assistance in my power towards accomplishing the objects you
have in view and to request that you will advise me of every sub-
ject in relation to which my exertions can be serviceable.
Col. [Jonathan] Williams.
GENERAL STEDDIFORD RECEIVES INSTRUCTIONS FROM THE GOVERNOR
REGARDING ORDNANCE.
July 21, 1807.
The Governor requests the Commissary of Military Stores to
have the following articles and repairs forthwith furnished and
made for the use of the Ordnance belonging to the State viz:
Cedar plugs for 40 Ladles for 32 pounders.
Do 30 Do 24 Do.
Caps and Covers for 60 Spunges for 32 Do.
Do 40 Do 24 Do.
100 large Powder horns with belts complete for the use of the
Ordnance.
20 hand spikes longer and more substantial than the few
already in the Arsenal.
The carriages and guns (32 and 24 pounders) to be painted
and numbered so that the guns for the respective carriages may
be immediately known; and the carriages to be screwed together.
The Tompions to be culled out and placed in the calibres of the
respective guns of every description and any deficiency to be
supplied.
The Commissary will exert the utmost care to have the above
repairs and articles well made of the best materials and carefully
STATE HISTORIAN. 9
and exactly fitted for the purposes designed, and upon the most
economical and best terms that can be obtained.
The Commissary is also requested as speedily as possible to
make out and report the quantity and condition of all the articles
in the Arsenal and Ordnance yard at New York that every
deficiency may be supplied for any sudden emergency.
General Steddiford.
THE COUNCIL OF APPOINTMENT MEETING DEFERRED.
Albany, July 26, 1807.
Sir: I am instructed by The Governor to inform you that in
his opinion the public good does not require a meeting of the
Members of the Council of Appointment on the day mentioned
in your letter of the tenth of June last.
Your Obt. S't,
John C. Spencer, Priv. Secy, to The Governor.
The Honble. John Nicholas Esqr.
Geneva [of Ontario County].
(A copy with direction for each other member was also made
out and forwarded — Thomas Thomas, of Westchester, James
Burt, of Orange and Edward Savage of Washington County.)
THE GOVERNOR TO MORGAN LEWIS IN REOARD TO THE GUNS FOR THE
DEFENCE OF NEW YORK.
Albany, August 18, 1807.
Sir: Since the personal interview which we had in New York,
I have taken measures to have the guns which have been cast at
Georgetown proved and brought to New York, and had previ-
10 AKNUAL REPORT OF THE
ously directed that the heavy Ordnance in New York be mounted
and supplied with every requisite for actual service. To defray
the expense of these measures it becomes necessary for me to
draw a warrant on the Comptroller. When you reflect that
there is a balance of nearly twenty thousand Dollars of the fund
appropriated for ordnance and ammunition already drawn from
the Treasury and in your hands unexpended, you will unite with
me in opinion that that balance ought to be applied before addi-
tional drafts are made upon the Treasury. There would be a
manifest impropriety in my drawing on you for the money in
your hands and yet the situation of affairs requires that the
whole sum unexpended should be applied to the object contem-
plated by the Legislature as soon as the same can be done with
economy and advantage.
Under these circumstances I feel it a duty to request that you
will previously to the first day of September now next pay the
balance to the Treasurer that the same may be subject to my
warrant.
The Honble. Morgan Lewis.
GOVERNOR TOMPKINS SUPPLIES INFORMATION REGARDING MILITARY
DUTY TO A COMMITTEE OF ONTARIO COUNTY GENTLEMEN.
New York, September 1, 1807.
Gentlemen: Your letter was not received by me until my
return yesterday from Albany, which is the reason of your not
having received an earlier answer.
Soon after the occurrence, which is likely to produce a war
between the United States and Great Britain, the propriety of
placing our frontier settlements in a state of defence suggested
STATE HISTORIAN. 11
itself to me. An enquiry into the authority with which the
Executive of the State is vested for that purpose convinced me
that there was no legal provision to justify me in the measures
which I contemplated. The importance and expediency of plac-
ing arms and ammunition within the reach of that portion of our
fellow citizens who would be first and most exposed in case of
an invasion by our Canadian neighbours, determined me upon
adopting the measure and trusting to the good sense and justice
of the Legislature to sanction it. Accordingly as soon as some
field pieces, which are daily expected, arrive from Washington,
it is my intention to convey part of them together with as many
muskets &ca. and as much ammunition as can be safely and con-
veniently spared from the Arsenals and Magazines to points
where they may be more useful in case of actual hostilities. I
shall be happy if the arrangements of the administration of the
United States, with which I shall be acquainted in a few days,
should supersede the necessity of the above mentioned proceed-
ings on my part. But if they should not, and if I should be
scrupulously particular in requiring unquestionable security for
the return of the articles to be forwarded, I trust my personal
responsibility and the imposition practised upon the State in the
distribution of Arms in 1794 will be. deemed a sufficient apology.
Permit me here to remark, that the lawr imposes ^on every citi-
zen liable to serve in the Militia the necessity of providing him-
self with a musket, knapsack, bayonet, &ca., and exempts mili-
tary equipments from distress and execution. Those, therefore,
who are able to supply themselves with the equipments required
by law and omit so to do are censurable for the neglect of a
most important and indispensable duty. " Every man who
enjoys the protection of Society ought to be prepared and willing
12 ANNUAL REPORT OF THE
to defend it," is the language of our constitution, and every free-
man ought to feel a pride in having in his own possession the
means of defending his rights and privileges when infringed
from any quarter, and disdain a dependance upon the public
arsenals for a supply in cases of emergency. The Legislature
has calculated upon the performance of this important duty
by the citizens of the State and has, therefore, been sparing
in the appropriations for small arms. The consequence is
that if other divisions are equally deficient with the one
to which yo-ur observations relate, all the muskets belonging
to the State, together with those possessed by individuals, will
not supply more than one sixth of the Militia. Little reliance
is, therefore, to be placed on the assistance of the State for any-
thing but ammunition. It, therefore, behooves officers of the
Militia and all other influential characters, to avail themselves
of the present emergency to exert their influence and authority
in persuading and requiring those of the Militia who can afford
the expense, to equip themselves immediately according to law.
I shall be happy, Gentlemen, in receiving information and advice
as to the most economical and confidential manner of forward-
ing arms, &ca., and as to the most prudent and useful places in
which to deposit them, and the persons to whose superintend-
ance it will be most prudent to confide them.
The Honble. John Nicholas & others,
Committee of the County of Ontario.
STATE HISTORIAN. 13
GOVERNOR TOMPKINS DISCLOSES A DIFFERENCE OF OPINION BETWEEN
HIS PREDECESSOR AND HIMSELF.
New York, 2 Sept'r, 1807.
Sir: The directions given by my predecessor relative to the
field pieces which you have been and are continuing to finish for
the State of New York were predicated upon an Act of the Legis-
lature of the State appropriating $62,500 for the purpose of pro-
curing ordnance and ammunition. Of this appropriation nearly
$20,000 are in the hands of Governor Lewis unexpended. Upon
my application to Mr. Lewis for the return of the balance into
the Treasury he declines so to do and insists upon retaining the
money in his hands to indemnify him for personal responsibili-
ties. The only responsibility he can be under is to you for what
you completed during his administration. Even for that I can
not conceive you regarded his engagements in any other light
than as Governor, and did not look to him as an individual for
pay; but to his successor in office for a warrant upon the Treas-
ury for the sums from time to time becoming due to you, after
his official functions ceased. Under this impression I had con-
cluded to advance you the necessary sums of money to proceed
with your operations. It becomes necessary for you to inform
me, therefore, explicitly whether you look to the Executive of the
State for your compensation or to Mr. Lewis. If to the former
I am ready to perform my duty upon the subject; but if you look
to Mr. Lewis I consider myself absolved from any responsibility
in relation to your compensation. In case you rely upon my
official draft upon the Treasury it will be necessary for you to
forward me a release of the private and individual responsibility
of my predecessor in office that I may be enabled to have the
balance in his hands refunded to the State.
14 ANNUAL REPORT OF THE
These observations you will not consider as retracting the
authority I gave in my letter to Mr. McLean for you to draw
on me for the pieces already completed, neither will you consider
me as relinquishing the right of solely directing the measures
you are hereafter to pursue with the materials in your
possession.
Mr. Foxall.
THE GOVERNOR NOTIFIES A COMMITTEE FROM BUFFALO OF HIS
PREPARATIONS TO PROTECT THE FRONTIER.
Albany, 7 October, 1807.
Gentlemen: Pursuant to the determination which was inti-
mated to you some time since, I have caused muskets, bayonets
and cartridges to be put up in boxes and have directed five
chests containing one hundred muskets and bayonets, and three
boxes containing three thousand cartridges to be delivered to
you or your order at the Arsenal in Albany. There being no
public fund which I am authorized to apply to defray the ex-
pense of conveying the above articles to Buffalo, or similar
articles to other places, it cannot be expected that in addition
to the responsibility of permitting them to be removed from
the Arsenal in time of peace I should incur the individual ex-
pense of transporting them. Gentlemen from the Northern
frontier have taken small supplies at their own expense and
have executed a bond for their safe return similar to the one
which will be required in this instance. The bond is enclosed
and must be executed by the committee before the property will
be delivered from the Arsenal. Permit me to advise that, if
you send for the above supply, by no means to distribute the
STATE HISTORIAN. 15
arms or ammunition until actual invasion renders it necessary,
for if you do, it will be difficult, if not impossible to collect
them again, and it is but candid to notify you that in case I
sustain injury or the State a loss by imprudence or neglect on
your part the security will be put in force against those who
execute it.
N. B. I have concluded to supply Onondaga, Canandaigua,
and Batavia with a proportion of arms and ammunition which
will enable you to have speedy assistance before your stock is
exhausted.
Messrs. Asa Kansom, T. S. Hopkins,
Fred. Miller and S. Mabee, Buffalo.
THE GOVERNOR FORWARDS AMMUNITION AND MUSKETS TO NIAGARA
COUNTY.
Gentlemen: Pursuant to the determination which was inti-
mated to you sometime since I have caused muskets and ammu-
nition to be put up in boxes and chests and have directed the
Assistant Commissary of Military Stores to deliver from the
Arsenal, in Albany, to you or your order eleven chests contain-
ing two hundred and twenty muskets, with bayonets and three
boxes containing three thousand cartridges. There being no
public fund which can be lawfully applied to defray the expense
of conveying the above articles to Canandaigua, or the like
articles to other places, it can not be expected that in addition
to the responsibility of permitting them to be removed from
the Arsenal in time of peace I should also incur the individual
expense of transporting them. Gentlemen residing on the
Northern frontier have already removed some at their own ex-
16 ANNUAL REPORT OF THE
pense and have executed a bond for their return similar to the
one which will be expected in this instance. The form of the
bond is enclosed which must be executed by two or more of the
committee before the property will be delivered.
John Nicholas, John Smith, Peter B. Porter, &ca., Esqrs.
THE GOVERNOR INFORMS MR. CURTISS THAT FAITH WILL BE KEPT
WITH THE ONONDAGA INDIANS A QUESTION OF LEASING THEIR
LANDS.
Albany, 5 October, 1807.
Sir : Your second letter relative to your communication with
the Onondaga Indians was handed to me on my arrival at this
place and I feel no difficulty in giving explicit answers to the
several questions in relation to which they desire some satisfac-
tion. The peaceable and friendly disposition which they have
always manifested towards the State ensures them every pro-
tection which is afforded to our citizens, and you are at liberty
to assure them from me, that the same security and protection
which will be afforded to our citizens will be extended to them,
and that the faith of the State in all Engagements with them
will be punctually and faithfully adhered to. The enquiry which
is suggested about the loss of the Indian at Caneseraga, has,
heretofore, been instituted and resulted in a want of circum-
stances or facts which would authorise the arrest of any person
for having been accessary to or the cause of his Death; and you
well know and can explain to them that by our laws, no person
can be charged with or arrested for an offence without proof of
circumstances sufficient to excite strong suspicion at least of
the perpetration by him of the crime alleged. Judge Tayler
STATE HISTORIAN. 17
heretofore communicated to them the result of the enquiry
which took place and to his letter I beg leave to refer you and
them.
Under these circumstances it would be nugatory to institute
a second enquiry, unless there can be suggested facts unknown
at the time the former one was instituted warranting it.
I am unacquainted with the proceedings which may have
taken place upon their request for liberty to lease some of their
land to Mr. Webster, but I should suppose there would be no
objection on the part of the Legislature to authorise such lease
for ten years, provided no claim for improvements at the expira-
tion of the Term. If they will, therefore, communicate to me in
writing, the specific term of the lease and quantity of land which
they propose to let to Mr. Webster, they may rely upon my
communicating it to the Legislature and returning them an
explicit answer on the subject. Their presence at Albany for
the latter purpose will be wholly unnecessary, as I shall dili-
gently communicate to the Legislature and attend to any pro-
ceedings which they shall by writing request.
Medad Curtiss, Esqr.*
PRESIDENT JEFFERSON TO GOVERNOR TOMPKINS HIS TENTATIVE
REPUDIATION OF A THIRD TERM NOMINATION.
Washington, 10 December, 1807.
Sir: I received in March last an address from the legislature
of the State of New York, to which public considerations
rendered it advisable not to give an immediate answer — That
legislature not being in session at this time, I take the liberty
* Subsequently Surrogate of Onondaga County.
2
»
18 ANNUAL REPORT OP THE
of putting my answer under cover to you unsealed; and I ask
the favour of you to communicate it to the legislature, either
through the channel of the public papers, which would be more
immediate, or by witholdang it until they meet, as you shall
think would be most acceptable to them— I pray you to accept
my respectful salutations and assurances of high consideration
and esteem.
Thomas Jefferson.
His Excellency Governor Tompkins.
TO THE LEGISLATURE OP NEW YORK,
I received in due season the address of the Legislature of New York, bearing date
the 13th day of March last, in which, with their approbation of the general course
of my administration, they were so good as to express their desire, that I would
consent to be proposed again to the public voice, on the expiration of my present
term of office.
Entertaining, as I do, for the legislature of New York, those sentiments of high
respect which would have prompted an immediate answer, I was certain, nevertheless,
they would approve a delay which had for its object to avoid a premature agitation
of tne public mind, on a subject so interesting as the election of a chief magistrate.
That I should lay down my charge at a proper period, is as much a duty as to
have born it faithfully— If some termination to the service of the chief magistrate,
be not fixed by the constitution, or supplied by practice, his office, nominally for
years, will, in fact, become for life; and history shews how easily that degenerates
into an inheritance.
Believing that a representative government, responsible at short periods of election,
is that which produces the greatest sum of happiness of mankind, I feel it a duty
to do no act which shall essentially impair that principle; and I should willingly
be the person, who, disregarding the sound precedent set by an illustrious predecessor,
should furnish the first example of prolongation beyond the second term of office.
Truth also requires me to add, that I am sensible of that decline which advancing
years bring on; and feeling tneir physical, I ought not to doubt their mental effect-
Happy, if I am the first to perceive and obey this admonition of nature, and to
solicit a retreat from cares too great for the wearied faculties of age.
For the approbation which the legislature of New York has been pleased to express,
of the principles and measures pursued in the management of their affairs, I am
sincerely thankful; and should I be so fortunate as to carry into retirement the
equal approbation and good will of my fellow citizens, generally, it will be the
comfort of my future days, and will close a service of forty years with the only
reward ever wished.
10th December 1807. Th: Jefferson'
THE GOVERNOR'S FIRST ADDRESS TO THE LEGISLATURE.
Gentlemen of the Senate and Assembly,
You are convened to deliberate and decide upon the important
concerns of this state at a very interesting crisis of our public
affairs. The pacific disposition invariably manifested and pur-
STATE HISTORIAN. 19
sued by the wise and faithful administrators of the general gov-
ernjnent has hitherto succeeded in shielding us from a participa-
tion in those calamities and miseries with which Europe is
scourged. It inspired sanguine hope that measures, dictated by
a spirit so conciliatory, would be attended with continued exemp-
tion from foreign insult, depredation or war. But the late un-
provoked and unprecedented attack upon the frigate Chesapeake
by a British vessel; the unwarrantable pretensions of Great
Britain to arrest and bear away seamen from our ships upon
the ocean, to intercept and destroy our lawful commerce with
nations with whom she is at war, and the glaring infringements
of the established principles of the law of nations, avowed and
practised both by France and Great Britain, have seriously
impaired the rights, wounded the honor and assailed the inde-
pendence of our country.
These events have diminished the hope of maintaining peace,
notwithstanding the uniform observance of justice and good
faith towards other nations, and have produced the necessity
of resorting to energetic measures. The proceedings, adopted
on the emergency by our national legislature, will be found,
upon an unprejudiced consideration, not only impartial towards
the contending nations of Europe, but also well calculated to
protect our mariners and preserve the merchandize of our citi-
zens, should an appeal to the sword become inevitable. In such
an event, property of immense value will be secure 1 in our coun-
try, which, but for the embargo, might have enriched the coffers
of the very enemy with whom we may have to contend. The
causes of misunderstanding and obstacles to amicable adjust-
ment, arising from captures under blockading decrees and from
impressment of seamen, will also thereby cease to be multiplied.
20 AN^AL REPORT OF THE
The well known facts, that the commercial enterprize of France
and her allies has, from a variety of causes, become almost
extinct, and that she materially depends for her necessary sup-
plies of provisions and other articles of foreign merchandize,
and for the transportation of her colonial produce, upon the
unrestrained commerce of American merchants, independently
of the acknowledged integrity and patriotism of our public
agents, repel the absurd idea, thart the recent measures originate
from partiality to that country, or from any subserviency to her
views.
Every liberal and candid mind will ascribe the imposing an
embargo, to a sincere desire to avoid an interference in
European broils, to protect our seamen and to secure the prop-
erty of our citizens, in the event of an unpropitious termination
of our negotiations with an}^ of the belligerents. What patriotic
citizen will murmur at the temporary privations and inconven-
iences resulting from this measure, when he reflects upon the
vast expenditure of national treasure, the sacrifice of the lives
of our countrymen, the total and permanent suspension of com-
merce, the corruption of morals and the distress and misery
consequent upon our being involved in the war between the
nations of Europe? The evils which threaten us call for a mag-
nanimous confidence in the efforts of our national councils to
avert them; and for a firm and unanimous determination to
devote every thing that is dear to us, to maintain our rights
and national honor.
Being thus circumstanced, it becomes our duty to be assiduous
in providing .for the welfare and security of the persons and
property of the citizens of this state. The appeal to the general
government for an efficient and permanent fortification of the
STATE HISTORIAN.
21
city of New-York, has not failed to excite their serious atten-
tion to that subject. The plan which has been undertaken, the
degree to which it has progressed, the operations contemplated
to be pursued, and the measures to which your sanction is
desired, will be communicated to you without delay.
Although our anxiety is alive to the protection and safety of
the city of New-York, and although our exertions to obtain
complete security for that important capital should continue
ardent and unceasing, we ought not, at the same time, to be
unmindful of the exposed situation of our brethren upon the
northern and western frontiers of our state. That enterprising
portion of the community which has penetrated the wilderness
and extended civilization and improvement to the very borders
of our expanded territory, looks to you for assistance and pro-
tection at this momentous period. The hardships and difficul-
ties to which they have submitted, their dispersed situation,
their remoteness from the deposits of military stores, and the
markets at which they may be purchased, the scarcity of money
incident to new settlements, their exposure to the sudden
attacks and merciless cruelties of unrelenting savages, and the
unanimity with which they have tendered their services at the
call of their country, combine in giving force to their entreaties
to be furnished with the means of self-defence.
It affords me sincere satisfaction to inform you, gentlemen,
that the detachment and organization of our quota of one hun-
dred thousand men has been accomplished, and a return thereof
for the war department nearly completed. The patriotism dis-
played on this occasion, by every discription of our fellow-citi-
zens, merits the greatest applause. All the artillery of the de-
tachment, and most of the cavalry and infantry are volunteers;
22 ANI*JAL REPORT OF THE
and thousands beyond the complement required have tendered
their services with promptitude and zeal. This generous con-
duct affords a pleasing evidence of the alacrity of our militia
in advancing to the defence of their country, and of the valor
which they will display in supporting its honor and freedom.
The obstacles encountered by the militia officers in detaching
and organizing this quota, suggest the propriety of some altera-
tions in the act, organizing the militia of this state. By the 3d
and 5th sections of that act, it is provided that the cavalry and
artillery shall parade for annual inspection under the orders
of the brigadier-generals of infantry. It does not require the
inspectors of infantry to transmit copies of the returns to the
cavalry and artillery officers. When therefore the latter are
directed to detach any of their men, their ignorance of the num-
ber and equipments of the several corps, precludes the pos-
sibility of an immediate compliance with the order. This defect
may be remedied either by appointing brigade officers of artillery
and cavalry, to inspect and make inspection returns of their
brigade to the general officers thereof, or the additional duty
of furnishing them with copies of the returns, might be imposed
on the brigade-inspectors of the infantry. Should a sudden
emergency produce the necessity of calling for a quota of militia,
in any one year after the parades of that year had taken place,
it may be questioned whether the men so detached could be com-
pelled to assemble again in the same year, without compensa-
tion as for actual service, and it is therefore respectfully sub-
mitted, whether it would not be discreet to direct in such case,
an additional parade of the detached corps for the purpose of
obtaining muster-rolls, and Inspection lists. The expensive
equipments of the cavalry, and the propriety of affording them
STATE HISTORIAN. 23
equal encouragement with other uniform troops, suggest the
expediency of extending to them the privileges enjoyed by the
artillery.
The officers appointed by an act of the late session to cede
to the United States the jurisdiction of certain parcels of land,
have not met for that purpose; as their power did not extend
to those places of which jurisdiction has been requested, it
became unnecessary to convene them. The places to which this
request relates, will be specified in a separate communication.
The proceedings under the act of 1806, for procuring ordnance
and ammunition, will also be speedily submitted.
The sum of three thousand dollars, granted for the purpose
of erecting a powder magazine near the city of New-York, has
not been expended. The act contemplated a different scite from
that on which the old magazine is situated, and the sum appro-
priated proved inadequate to the purchase of another eligible
tract and the erection of a building.
I have deemed it a duty to exercise the discretion confided
by the constitution to the chief magistrate, in respiting the
execution of John Williams, lately convicted of murder, in the
county of Greene. The evidence adduced upon his trial, accom-
panied by the opinion of the presiding judge, will be immedi-
ately communicated for your consideration. The importance to
the public, and to the individual, of every question, the decision
of which involves the life of a fellow-creature, imposes the
duty of affording to this case, impartial inquiry and solemn
deliberation.
The persons authorized by an act of the last session, to confer
and agree with those appointed by the legislature of New-
Jersey, respecting certain claims of jurisdiction and territory,
94 ANNUAL REPORT OP THE
have adjourned without adjusting and without a prospect of
settling the controversy arising upon those claims. The
measures, subsequently adopted by the legislature of that state,
require your early attention. While it is our duty to cultivate
and preserve amity with every member of the Union, it behoves
us to guard with circumspection, and support with firmness,,
the rights of this state.
In every well regulated community, there are no institutions
of higher concern than those which relate to the administration
of civil and criminal justice. Our property, our liberty, and our
lives depend on the adjudications of our courts. Hence it is-
highly interesting to all, that those who preside in them should
be men of competent abilities and unsuspected probity. To call
forth adequate talents and character to fill the seats of justice,,
such salaries should be given, as will enable the judges to sup-
port themselves and families, and in some degree provide for
that retirement contemplated by our constitution. In addition
to the permanent salary, an act, which has recently expired,
allowed to the judge of the supreme court, holding the circuit
or sittings in New- York, an extra compensation. By that act
also, the judges residing in the city of New-York, were author-
ized to receive fees for chamber business. Whether a mode
of compensating the judges for the extraordinary services re-
quired by the immense increase of business in the city of New-
York, less partial in its operations cannot be devised, is sub-
mitted to your wisdom. I think it my duty to observe to you,
that the multiplication, of suits, from the increase of population
iHv "'!*'• - - • '^
and the org^pizatron^of^many new counties, will require the
judges to be^b^iSfrofr home, at a great expense, for much
longer periods fMan f overly; and that considerations of justice
STATE HISTORIAN.
25
seem to me to require a provision equal, at least, to that of
which they are deprived by the expiration of the before men-
tioned act
The improvement of agriculture, manufactures and commerce
will, at all times, and under all circumstances, attract the
attention, and command the exertions of a just and wise gov-
ernment; but in our present situation, external commerce being
almost entirely cut off, and when it is not improbable that an
appeal to arms will soon be made, it is peculiarly important to
adopt all measures in our power, in order to increase the means
of supplying ourselves, and to encourage those arts which con-
Iribute to the support and comfort of human life; to facilitate
interior communication, and to invigorate the enterprising spirit
of our country. Nor will the great and important duty of dis-
seminating useful knowledge, and at any time, or in any crisis,
escape the attention and encouragement of a liberal, enlight-
ened and patriotic legislature.
Permit me, gentlemen,, through you, to communicate to the
electors of this state, my grateful acknowledgments for the
confidence they have been pleased to repose in me. While my
sensibility is awakened by the distinguished honor they have
conferred, I can honestly assure them, that my conduct shall
always be directed by a zeal to advance their welfare.
May that wise and benign providence which (has dispensed
its richest favors to ouf country, endow us with wisdom to dis-
cern, and virtue to pursue, the best means of perpetuating the
blessings we enjoy.
Albany, 26th January, 1808.
'
26 ANNUAL REPORT OF THE
THE EMBARGO.
ANSWER OF THE SENATE OF THE STATE OF NEW YORK TO THE SPEECH OF HIS
EXCELLENCY THE GOVERNOR. (1808).
Sir: From the liberal and pacific disposition uniformly manifested by the general
government to the belligerent powers, we had the strongest reason to expect, that
their conduct towards us although not particularly indulgent, would have been suffi-
ciently guarded by the known and hitherto uncontrovertable rules for the conduct
of nations, to have prevented serious misunderstanding with either of them; but
when the most unwarrantable pretensions, subversive of those established principles,
are insisted on, accompanied with acts of decided hostility and wanton cruelty, we
feel the absolute necessity of resorting to such measures, as will secure our sovereignty,
and restore the wounded honor of our country — We, therefore, do not hesitate to
express our decided approbation of the late energetic measures adopted by our national
administration, and we unite with your Excellency in opinion, that the most salutary
consequences to our country will probably ensue; for while the present embargo
manifests the confidence of our representatives in the patriotism of their constituents,
by stedfastly enduring temporary privations, to promote the public welfare; (a cir-
cumstance not without its influence abroad) it evidently removes the possibility of
increasing the treasures of an enemy by continuing the usual mercantile intercourse
until actual warfare takes place.
We cannot admit the absurd and degrading idea, that the rulers of a free and
enlightened people, with ample means to defend themselves, can possibly be capable
of pursuing measures subservient to the views of any nation. And the integrity and
patriotism of our public agents in the general government, ensure a confidence that
our national rights and honor will be protected and maintained.
The exposed situation of the City of New York and of our northern and western
frontiers, has excited our serious attention, and we trust that the general government
will not hesitate to perform their constitutional duties in these respects; and we
on our part will endeavour faithfully to discharge ours.
The patriotic spirit of our fellow citizens has been awakened, and with a pleasing
sensation we view their alacrity in obeying, and even anticipating the calls of their
country; and whatever defects may appear in the militia system, requiring legis-
lative interference we will promptly remedy.
We are aware of the vast importance attached to the judiciary of every well regu-
lated community, and doubt not that the just and appropriate observations of your
excellency on that subject, will command the deliberate and solemn attention of
the legislature.
The various other important and useful subjects recommended by your excellency,
shall receive our earliest attention; and we trust that the disposer of human events,
will so direct the councils of our country, as to promote its best interests, and
continue the blessings we enjoy.
The Senate congratulate your excellency, on the distinguished honor conferred upon
you by the suffrages of a free people; and they feel persuaded that you conduct will
continue to merit and receive the confidence and approbation of the state.
THE GOVERNOR TO THE SENATE.
Gentlemen, I rejoice that jour zeal to promote the true
interests of our constituents, and your confidence in the wisdom
and integrity of our national administration, are unimpaired
by the serious aspect of our public affairs— The assurance of
devoting an early attention to the several subjects which I had
the honor of communicating to you, is highly gratifying to me,
STATE HISTORIAN. 27
and at the same time evinces your solicitude to advance the
public good.
While your congratulations upon my election, and the con-
fidence you are pleased to express in the correctness of my
future conduct, receive my cordial thanks, they will be addi-
tional inducements for striving to merit a continuance of your
approbation,
Accept the assurance of my ardent desire to yield a prompt
co-operation in every measure calculated to promote the welfare
of our fellow citizens.
Albany, February 2nd, 1808.
ANSWER OF THE ASSEMBLY TO HIS EXCELLENCY DANIEL D. TOMPKINS, GOVERNOR
OF THE STATE OF NEW YORK.
Sir: The Assembly fully coincide in opinion with your Excellency, respecting the
critical state of our national government, and the unjustifiable aggressions of the
belligerent powers upon the honor, commerce and rights of this country; and that
the measures recently adopted by the general administration are eminently calculated
to secure the property and persons of our citizens, and to evince to the world that
we are ready to endure every privation, and to encounter any hazard in vindication
of the honor anc1 welfare of our nation.
The absurd calumnies respecting the operation of foreign influence, and the improper
attempts to excite clamour against the wise and faithful administrators of the general
government, for an Act justified by our exterior relations, and imperiously required
by every principle of self preservation, are calculated to excite no other sentiments
than those of indignation and contempt.
The defenceless state of our principal sea-ports and our Western and northern
frontiers, and the strong claims they have upon the protecting hand of government,
have made a serious impression on our minds, and will not fail to receive our
earliest attention; and while the patriotic spirit manifested by the militia, is entitled"
to our highest applause, we shall deem it our indispensible duty to ameliorate and
improve a system upon which all free governments must principally rely for support
and protection in the hour of danger. The various other important subjects recom-
mended by your Excellency will receive our deliberate consideration.
In the promotion of knowledge, the improvement of agriculture, commerce and
manufactures, and the proper dispensation of justice, we recognize our cardinal duties
as legislates.
As the representatives of the people of this state, permit us to communicate the
pleasure we feel in your election to the highest office in the government, and to assure
you of our zealous co-operation in all measures which will promote the good of our
common country.
May the divine protector of the universe inspire you with wisdom, direct you in-
your councils, and lead you in happiness through your public and private duties.
February 2nd, 1808.
THE GOVERNOR TO THE ASSEMBLY.
Gentlemen: Your coincidence in the sentiments which I have had the honor to-
communicate, and your determination to devote serious attention to the various sub-
jects, submitted for your consideration, are, to me, sources of the most pleasing
reflection.
28 "ANNUAL REPORT OF THE
Accept my thanks for the flattering manner in which you are pleased to notice
ruy elevation to the office of chief Magistrate. I heartily unite in your supplications
that voe protector of the universe will direct our councils and continue our prosperity.
Daniel D. Tompkins.
Albany, February 3rd, 1808.
DEFENCES OF NEW YOKK CITY.
CORRESPONDENCE BETWEEN VICE-PRESIDENT CLINTON, SECRETARY
OF WAR DEARBORN, COLONEL WILLIAMS AND GOVERNOR TOMPKINS.
Gentlemen, The encloised documents will afford the legis-
lature a full view of the operations of the general government
towards fortifying the City of New York, and of the measures
necessary to be taken on the part of this state to authorise the
prosecution of the plan, suggested in the letter of the Secretary
at War, and of the arrangements mentioned in the letter of
Col'l. Williams — When the latter requests a cession of the title
and jurisdiction of all the land owned by the state adjoining
the buildings, purchased by the United States of Mr. Lent, I
presume he refers to the ground upon which Mr. Lent's build-
ings are erected, and the lots to the southward of it, and not
to the ground appurtenant to the government house.
Daniel D. Tompkins.
Albany, February 1, 1808.
AN EXTRACT OF A LETTER FROM GEORGE CLINTON, VICE-PRESIDENT OF THE
UNITED STATES, TO THE GOVERNOR OF THE STATE OF NEW YORK.
Washington city, January 21, 1808.
Dear Sir: Last night I received from the Secretary at War the enclosed sketch
of part of the harbour of New York, and description of a contemplated additional
defence against the approach of hostile ships to that city; and as a cession of the
bed of the river will be required, before the proposed plan be carried into effect.
I embrace the earliest opportunity of transmitting them to you, that you may be
enabled to make such use of them, at the meeting of your legislature, as the interest
of the state may require. There is nothing new in the project of chains. They have
been long in use, and have been considered one of the best obstructions against the
passage of ships, when protected by efficient batteries. The proposed chevaux-de-frize,
is, as far as I know, on a new construction; and, although the project appears
plausible, experience alone can test its practicability and efficiency.
SECRETARY OF WAR DEARBORN TO VICE-PRESIDENT CLINTON.
War Department, January 20, 1808.
Sir: I have the honor of presenting you with a sketch of part of the harbor, and
of the blocks, chains and chevaux-de-frize, proposed as an additional defence against
the approach of hostile ships to the city of New York. By this mode of defence
STATE HISTORIAN. 29
the objection to the contemplated line of blocks, is obviated, viz— such an obstruction
to the course of the tide as might effect the navigation of the river. This system
will not occupy more than from one fifth to one fourth of the bed of the harbour
between Bedlow's Island and Long Island, and consequently cannot have any sensible
effect on the course of the tide.
It is proposed, that the blocks should be 150 feet from each other, and be 42 feet
in length, and 28 feet in width, at the surface of the water, at the lowest ebb tide,
and increase, in length and in width, at the rate of three inches to each foot, down
to their basis, as described in the drawing — the two chains to extend from block to
block, and to be secured by strong oak posts worked into the blocks from their basis,
as in the drawing; the chevaux de frize to be formed of long spars, shod with iron
at both ends; the butt ends to be attached by strong chains to the front chain, and
the other ends to pass under the rear chain, and to rest on the bed of the river,
as described in one of the drawings.
You will please to make such use of this communication as you may judge
expedient.
A suitable cession of the bed of the harbour, by the Legislature of New York,
will be necessary to enable the Executive of the General Government to carry the
proposed system into effect.
I am with high respect &c. &c.
H. Dearborn.
COLONEL, JONATHAN WILLIAMS TO GOVERNOR TOMPKINS.
Fort Columbus, December, 1807.
Sir: Previously to my quitting the works at this post for the Winter season, I
conceived it to be my duty to lay before Your Excellency the necessary information
relative to my operations in this harbor generally, in order that the requested legis-
lative cessions may be fully commensurate with the objects proposed.
By the enclosed copy of my instructions, No. 1, you will perceive that my duties
have been directed to the following- points: 1st. Governor's Island, 2nd Bedlow's
Island, 3rd, Ellis's Island, 4th, A place of deposit for military stores, near the bat-
tery of N. York, 5th Positions on the north river at the battery, & near Rhinelanders,
6th A Magazine, laboratory, &c at Potter's field. The jurisdiction of the three first
named points have been already ceded to the United States by the State of New
York, under an Act of the legislature passed 15th Feby. 1800, extract of which is
annexed, No. 2 it is not necessary therefore to trouble you with any observations
relative to them so far as relates to jurisdiction.
Ellis's Island is private property, in part possessed by the United States, and in
part by the heirs of the late Mr. Ellis; but even the site of the old battery has not
been regularly ceded by the proprietor, although fully agreed to by him: the deed
was prepared by consent of parties, but Mr. Ellis died before it was executed; the
possession therefore is not legally confined. It seems that Mr. Ellis's property in
this Island did not extend below high water mark, since I find by the minutes
of the corporation that the land between low and high water mark has been ceded
by that body to the state.
The island above high water mark is doubtless the private property of the heirs
to Mr. Ellis's estate; and I should, according to my instructions, have purchased
it at any reasonable rate, if it had been possible to obtain a legal title. The situa-
tion of this property, I need not detail to you who well understand it; but you, as
well as myself, are I believe convinced, that owing to the doubtful title and numerous
claimants, it is only to be fairly and legally obtained by an act of the legislature
first taking possession and their regulating the value by a jury of the vicinage in
the nature of "ad quod damnum " The fee being vested in the state, the cession
may be made in the usual way, the United States paying the sum assessed; the
district Attorney concurs in this representation, and further suggests that owing
to the various claimants and litigated claims, it will be proper for the Act to designate
to whom the purchase money shall be paid, or where lodged, to vest the right of
soil in the purchase, thereby having the disputants to contend for the value of their
claims, instead of the land itself.
The fee simple of this property being unattainable without legislative aid, I have
not thought myself justifiable in doing more than to make a convenient landing
place for all the purposes that may be wanted; this being situated between low and
high water mark cannot be considered as standing on private territory.
30 ANJTUAL REPORT OF THE
I have purchased of James W. Lent, (the lessee of the lot in the rear of the man-
sion, now used as a Custom House) the buildings which have been erected by him,
and a transfer of his lease has been made by your approbation. A copy of the lease
and transfer are hereunto subjoined, No. 3 & 4.
It being the intention of the government to build a casemated tower battery, with
several tiers of heavy metal at the point of the old battery, beyond the present flag
staff, and the construction of this battery leaving only space tor the military stores
in actual service, it became necessary to have a deposit as near to it as possible;
for this reason the purchase of Mr. Lent's buildings was made. It will be seen by
my orders that the deposit of powder in this place, is expressly excepted; it would,
therefore, in my opinion very much conduce to the benefit of the public, and cause
no alarm to the citizens, if the proposed cessions of this place were so extended
as to enable the government of the United States to construct stores on every side
and leave a large area within, for such articles as are too bulky to be conveniently
housed, or do not require any further defence than a shed; and as all the spare
belonging to the State is not too much for the purpose, it may perhaps be thought
advisable to make a cession of the whole. Besides the advantage of a deposit for
the Military implements and stores wanted for the battery, the convenience for this
position for debarking stores, or shipping them to other places, is a very important
object; and a quantity of transportable heavy artillery might be kept mounted in
constant readiness to go with the utmost celerity to any point on either side of the
city, where a sudden and unexpected attack might be made, with as much facility
as engines are transported to a fire.
The positions on the North river near the battery and near Laight Street (the
latter being taken in lieu of the one proposed at Rhinelander's) have been granted
by the corporation to the extent of their rights: As these may be bounded by some
under-water line, it would I presume be proper to form the cession of jurisdiction
in such a manner as to embrace all the state rights that may commence, where
those of corporation terminate.
The grant of Potter's-field has also been made by the corporation and nothing
remains for the State to do, except the cession of the jurisdiction, which will doubtless
be so formed as to place all the points in question, in one and the same predicament
with those already ceded to the United States. The several boundaries of the cor-
poration grants are inclosed, Nos. 5, 6 & 7.
Hitherto I have confined myself to the plan of interior defence; but as my orders
imply an intention to make additions " farther in advance," I thought it might
be agreeable to you, to have copies of my original report to the Secretary at War,
when I surveyed part of this harbour, in 1805, with some attendant papers, which
you will find enclosed, No. 8.
As a copy of my chart is in the hands of the corporation and not materially
different from others, that are doubtless in the possession of the state, it is unneces-
sary to subjoin one. The reports I have occasionally made to the corporation, having
been printed, for the purpose of distribution, I beg you to accept them in that form,
Nos. 9 & 10. I hope it will not be thought improper in me, to remark, that, as a
defence, farther in advance, is evidently contemplated, it might much accelerate such
objects, if the commissioners, to be appointed, were empowered to make other ces-
sions on Staten and Long Island, and in the bed of the harbour between them, as
the nature of the case may require. You have probably received more ample intima-
tions on this subject from the Secretary of War himself, and the report made by
the corporation has doubtless been communicated to you. I need not, therefore, trouble
you with any extension of this remark.
I have the honor to be, with the greatest respect, Sir, Your most obedient Servant.
Jona. Williams, Lt. Col. Com. of Engineers.
His Excellency, Daniel D. Tompkins
Governor of the state of New York.
EXTRACT FROM THE WILL OF SAMUEL, ELLIS, DATED 4TH JULY, 1794.
" Item— I do give and bequeath unto the child, that Catherine Westervelt is now
pregnant with, should it be a son, Oyster Island, commonly known by the name of
STATE HISTORIAN.
31
Ellis's Island, with all the buildings and improvements thereon; should it prove
a daughter, then in that case, she comes, with the rest of the children, for an equal
proportion of the above mentioned lots left to the children of the said Catherine
Westervelt. It is my wish that the boy may be baptized by the name of Samuel
Ellis."
The testator devises the rents of one half of the residue of his estate to his daughter,
Rachel, for her life; and after her death, the said moiety to her children and their
heirs.
The Testator devises the rents of the other half of the residue of his estate to his
daughter, Elizabeth, during her life; and after her death, the said moiety to her
children, and their heirs.
THREE CHANGES IN THE BOARD OP REGENTS OF THE UNIVERSITY.
Albany, 6th February, 1808.
Sir, I have the honor to transmit my father's resignation of
the office of regent.* The death of the Rev. Dock Linn,f and
of the Honorable Zephaniah Platt,{ together with the enclosed
resignation, will occasion three vacancies in the regency.
Daniel D. Tompkins.
Scarsdale, 30th January, 1808.
Gentlemen, On account of my advanced age, and the infirmi-
ties incident to it, I have for some time found it impossible to
pay that attention which is proper and necessary to the office
of a regent of the university. With sentiments of gratitude for
the honor conferred in my appointment to that office, I hereby
resign the same, and respectfully request you to accept the
assurance of my confidence and respect.
Jonathan G. Tompkins.
To the honorable the Senate and Assembly of the State of New
York.
*Johnathan Griffin Tompkins was appointed Regent April 13, 1787, under the reor-
ganization act. He was succeeded Feb. 11, 1808, by Alexander Sheldon of Montgomery,
who served as Speaker of the Assembly in 1804-6, 1808 and 1812.
fThe Reverend Doctor William Linn was appointed Regent April 13, 1787 and was
succeeded Feb. 11, 1808, by Dewitt Clinton.
$ Zephaniah Platt succeeded as Regent, January 15, 1791, Eilardus Westerlo and in
turn was suceeded Feb. 11, 1808, by Peter Gansevoort, jr.— STATE HISTORIAN.
32 ANNUAL REPORT OP THE
NEW YORK AND NEW JERSEY BOUNDARY DISPUTE.
HISTORY OF THE MATTER WITH THE VOLUMINOUS CORRESPONDENCE.
BETWEEN THE COMMISSIONERS.
Gentlemen, I have the honor to enclose for your information
the report of the commissioners under the Act of the last ses-
sion, entitled "An act respecting a claim for the extension of
the eastern boundary of the state New Jersey.
Daniel D. Tompkins.
Albany, February 15th, 1808.
To His Excellency Governor Tompkins:
Sir: We have pursuant to our trust, as commissioners, appointed by the Act of
the Legislature of the 3d of April last, entitled "An Act respecting a claim for the
extension of the Eastern boundary of the state of New Jersey," met the Commis-
sioners appointed on the part of New Jersey, and conferred with them respecting
their claim; we now report to your Excellency the' conferences or proceedings between
them and us as contained in the papers herewith presented.
The New Jersey commissioners, it appears, claim, in behalf of their state, " as.
comprehended in the grant from the duke of New York to Berkley and Carteret,.
Staten Island, the Hudson and filum aquae and all the ports, harbours, bays and
arms of sea, lying contiguous to the eastern shore of New Jersey, and infra fances.
terra as far down as Sandy Hook.
To a claim, so far surpassing whatever may be presumed to have been conceived
by the legislature of New York when they assented to the reference of commissioners,,
proffered by the legislature of New Jersey, we would perhaps have been justified
in instantly opposing, and as decisive, the more notorious fact, that New York has,
coeval with the commencement of the colonial governments of the two states, hitherto,
actually and constantly exercised or possessed the jurisdiction over the river Hudson,,
and Staten Island, and the bay between it and Long Island, as a portion of her
rightful territory, \\e nevertheless deemed it advisable, and especially for the reason
declared in our f.rst communication to the New Jersey commissioners, " that although
we should meet them with every disposition to consult the mutual and due con-
venience of both states, yet their respective rights, as they might be found to be,
must in some measure serve as the grounds of any proposed compact between them,"
to 'examine the claim itself on its original or true merits, as far as the evidence
which might still be discovered could enable us; and considering the antiquity of
most of the transactions, we have been more successful in our researches, than,
perhaps, there was reason to hope.
We had conceived, when we adjourned, after the first meeting, that the written
communications to be exchanged, when we should again assemble, were to be con-
fined to the facts or proofs we might respectfully collect or discover during the
recess, so that the conferences or reasonings were to be -verbal; the written, elaborate,
argumentative communications, therefore, which the New Jersey commissioners
delivered to us, on our delivering to them our statement of facts, was rather unex-
pected. Our answers were such only as the time would permit, and for that reason,,
are not so full and formal as possibly they otherwise might have been.
Immediately after our communication to the New-Jersey commissioners of the 5th
October, a verbal conference of some hours took place, but which consisted almost
wholly in recapitulating or explaining what had already passed in writing.
One subject, however, forming no part of the written communications, except a.
very imperfect intimation of it, requires, as will be perceived, to be particularly-
noticed and reported.
STATE HISTORIAN. 33
The New Jersey commissioners, in the second of their two first communications,
had mentioned, " that the right of soil and government being in the duke of York,
he formed a tract of land, lying westward of Long Island and Manhattan Island,
into one Colony, and another tract of land lying on the east side of the Hudson
river, and including a northern district of country, into another colony. The two
colonies built docks and piers, and erected ferries and fishing weirs, on or contigu-
ous to each of their shores, at pleasure, and used and occupied, and enjoyed the
river: that the only difference between the two colonies, in this respect, is, that New
Jersey has a written authority for what they do, and New York has none; and 'that
New Jersey should be placed in a worse situation with a written, than New York
without a written title, was to them a matter of surprise.
The grant from the Duke of York to Berkley and Carteret, is unquestionably to
be satisfied to its entire extent, according to a due or legal interpretation of it,
but New York being in possession, New Jersey is still to recover on the strength
of her own title; the suggestion, therefore, of a defect of any kind in the title of
New York, was wholly immaterial, and we accordingly, in our subsequent communi-
cation, suffered it to pass unanswered. During the verbal conferences, the New
Jersey commissioners, after reminding us of the supposed omission, put the question
to us, whether New York had any Charter, or grant, or other writing, as the evidence
of title or boundary? To which we answered, that the grant from King Charles
to the duke of York, was as it respects the territories it contained, the evidence,
or source, of right in New York, and of which, as we conceived, we had informed them
when we stated, "that Nicolls entered on the exercise of civil government in conse-
quence of a commission from the duke;" that accordingly, in the controversy between
New York and New Hampshire, respecting the eastern boundary of New York, in the
year 1750, the then Governor of New York was advised by his Council to acquaint the
Governor of New Hampshire, that New York was bounded eastward by Connecticut
river, the grant to the duke being for all the lands from the West side of Connecticut
river to the East side of Delaware bay: that the controversy was, by both the colonies,
referred to the king in council, who in 1764 adjudged the Western bank of the river to
be the boundary line between New York to the river as the eastern boundary, but at
the same time restricting it to the bank of the river, on the ground, as we presumed,
that New York was to extend from, or be bounded by the river, and that there were
no express words in the grant to pass it, as there were to pass the Hudson, "together
also with the said river called Hudson's river;" that we had understood that New
Hampshire, thenceforward held or claimed against New York, and still "continues to
hold or claim against Vermont, the jurisdiction of the whole of the river where it
passes between their shores; and that the adjudication is properly applicable to the
present case, and entitled to be received as of authority, and peculiarly so, if, as was
reported here at the time, it was only proceeded chiefly from Lord Camden, the Chief
Justice of Common Pleas, as a member of the council, but that he even furnished the
form of it.
Whence the New-Jersey commissioners imagined we intended to humiliate their state,
or to impute to them that "they were treating for convenience of individual citizens at
the expence of the just rights of the state," is to us inconceivable.
The whole is respectfully submitted, By your Excellency's obedient Servants-
Ezra L'Hommedieu
Samuel Jones
Egbert Benson
Joseph C. Yates.
20th January, 1808.
•
STATE OF NEW JERSEY AN ACT CONCERNING THE EASTERN BOUNDARIES OF THE
STATE OF NEW JERSEY, PASSED 2ND NOVEMBER, 1806.
Whereas King Charles the second granted to James Duke of York, sundry tracts in
America, whereof the now state of New Jersey and the now state of New York were
then parts, together with all the Islands, soils, rivers, waters, harbors, royalties, and
certain powers of government, in and over the same; And Whereas, James Duke of
York, granted the then province and now state of New Jersey, being described in the
said grant, as a tract of land adjacent to New England, and lying and being to the
Westward of Long Island and Manhattan's Island, and bounded on the east in part
by the main sea, and in part by Hudson river, together with the said royalties and
powers of government over the same, to John Berkley and Sir George Carteret, and
34 ANNUAL REPORT OF THE
their assigns, who used and exercised all such royalties and powers of government until
they surrendered the same unto the crown of Great Britain: And, whereas, afterwards
the said respective provinces of New Jersey and New York, became vested with full
right and lawtul authority to exercise jurisdiction in and over the said Hudson river,
and the said nuxin sea, and all the ports, harbors and havens, lying adjacent to and
along the Jersey shore and coast, in such manner as belongs to a sovereign and inde-
penden* state to use and exercise: And, whereas, it is highly expedient that the State
of New York and the State of New Jersey should enter into a neutral agreement in
respect to the exercise of their several and respective jurisdictions and their several
claims of territory, wherever they may be supposed to interfere, in such way as may
best promote mutual accommodation, harmony, and good understanding between them
forever: To these ends, therefore,
I. Be it enacted by the Council and general assembly of this state, and it is hereby
enacted by the authority of the same, that Aaron Ogden, William S. Pennington,
James Parker, Lewis Condict, and Alexander C. McWhorter, Esquires, or a majority
of them, be commissioners, with full power and authority in behalf of New Jersey, to
meet and make final agreement in regard to the premises, with commissioners in behalf
of the state of New York to be appointed by a law of that state with like full powers,
if, to them, it shall seem expedient, in such manner as finally to settle the limits and
extent within which they shall exercise their right of jurisdiction respectively, in and
over all the waters lying and being between the shores of the said states respectively;
and further, finally to settle and determine the eastern boundary line of the state of
New Jersey, as to them by mutual agreement may seem just and reasonable; which
agreement in writing, signed and sealed by the said commissioners respectively, if
made on or before the 15th day of November next, shall become binding on this state,
when confirmed by the respective legislatures of New York and New Jersey.
II. And be it enacted, that the said commissioners do meet at such time and places
as may be mutually agreed on between them.
III. And be it enacted, that the Governor of this State shall immediately transmit to
the Governor of New York a copy of the act, duly certified, in order that he may lay
the same before the legislature of that state at their next session; and that the said
Governor of this State have power to appoint a commissioner, or commissioners, for
the purpose aforesaid, in behalf of the state of New Jersey, in room of any commis-
sioner, or commissioners named herein, who may die, or decline to act as such.
AN Act respecting a claim for the extension of the eastern boundary of the state of
New Jersey, passed April 3rd, 1807. Whereas the Legislature of the state of New
Jersey, by an act, entitled "An act concerning the eastern boundary of the State of
New Jersey" have appointed commissioners to negociate and agre"e with commissioners
to be appointed by this State, respecting certain claims of jurisdiction and territory,
mentioned in the said act, and made by the same state of New Jersey.
Be it, therefore, enacted by the people of the state of New York, represented in senate
and assembly, that Ezra L'Hommedieu, Samuel Jones, Egbert Benson, Simeon DeWitt,
and Joseph C. Yates, Esquires, or a majority of them, be, and hereby are, appointed
Commissioners, with full power and authority to meet, confer and agree, with the said
claims of the said state of New-Jersey: Provided, always, that such agreement shall
not be binding on this state, unless made on or before the fifteenth day of November
next, and confirmed and ratified by the respective legislatures of New Jersey and New
York, within one year after it shall be made.
NEW YORK STATES HER CLAIMS TO NEW JERSEY THROUGH EQBE.RT BENSON.
New York, April 22nd, 1807.
Dear Sir: You will doubtless soon be informed through your own executive, that
our Legislature have appointed Messrs. L'Hommedieu, Jones, DeWitt, Yates, and me,
commissioners, on the part of this state, to meet you, and the other commissioners on
the part of your state, for the purposes intended in the act of your Legislature, con-
cerning your eastern boundary.
Mr. L'Hommedieu was here a few days since, on his way home, at the east end of
Long Island, from attending the legislature in Albany, and informed me that Messrs.
DeWitt and Yates, who reside, the one there, and the other at Schenectady, and he, had
concluded to leave it to Mr. Jones and me, and to do whatever was requisite to be
done previous or preparatory to the meeting between you and us, and which we were
to intimate should be in this city on the 20th June next; but that if any other time
or place would better suit the personal convenience of you, or any of your colleagues,
there was to be no difficulty in accommodating to it.
I, thereupon, went to Mr. Jones, who resides in Queen's County, and we conceived
it would be proper, I should instantly write to some one of the gentlemen of your
commission, and mention, that although we should meet you with every disposition
to consult the mutual and due convenience of both the states, yet that their respective
rights, as they may be found to be, must in some measure serve as the grounds of
any proposed contract (?) between them, and that I should certainly state, that we
should claim, on the part of New York, that New Jersey was entitled to the jurisdic-
tion only as she was entitled to the property; that nothing passed by the grant of the
Duke of York to Lord Berkley and Sir George Carteret, below high water mark and
STATE HISTORIAN. 35
and that. New York has always, and without any claim by New Jersey, exercised
jurisdiction over the whole of the waters between the shores of the two states; and to
request an interchange of a like statement of the right, as you will claim it, on the
part of New Jersey, to the end that you and me may know how to direct our enquiries,
both as to principles and facts, and be prepared for the requisite discussion or exami-
nation at the first meeting and thereby prevent the delay of an adjournment for
further argument or for the production of further proof.
I remain with due respect, Dear Sir, Your obedient Servant,
Egbert Benson.
Alexander McWhorter. Esqr.
Newark.
MR. M'WHORTER REPLIES TO MR. BENSON.
Newark, 27th April, 1807.
Dear Sir: Your letter upon the subject of the boundary line between the two states,
under date of the 22nd Instant did not reach me till this moment, owing I believe to
some irregularity in the post office of this place. On Saturday afternoon, last, Mr.
Riggs handed me a copy of the law of your state. I am much obliged to you for
these communications, and shall immediately advise my associates thereof. I am, with
great respect and Esteem, "Sours &c.
Alex'r. McWhorter.
Egbert Benson, esqr.
NEW JERSEY'S CLAIMS AS REPRESENTED BY AARON OGDEN.
Elizabeth Town, June 18th, .1807.
Dear Sir: The Commissioners on the part of New Jersey, although not as yet offi-
cially informed of the law which has passed your legislature, appointing Commissioners
&c have come to a resolution to enter upon a very preliminary measure which may
tend to expedite the business for which they were named.
They, therefore, propose a meeting at such time and place as may be agreeable to
the commissioners of New York, after the tenth of the ensuing month, presuming
that in the meantime the necessary official communication may be sent by the Governor
of New York to the Governor of New Jersey, without which we shall have no authority.
The Commissioners of New Jersey propose to claim, as follows, and have requested
me to notify you accordingly, agreably to your request to Mr. Whorter.
I. That New Jersey, in virtue of her being a sovereign state, has the exclusive juris-
diction or dominion in, and over, all the waters, bays and harbors, lying contiguous to
her shores, so far as may be necessary for defence, freedom, and entire independence.
II. That the grant of the Duke of York to Berkley and Carteret comprehends Staten
Island, the Hudson river, the filum aquae, and all the ports, harbors, bays, and arms of
sea, lying contiguous to the eastern shore of New Jersey, and infra fances terrce, as
far down as Sandy Hook.
The Commissioners on the part of New Jersey, at the same time, reciprocate the
idea, that they will meet every disposition to consult the mutual and due consideration
of both the states.
I am Sir, With entire respect Yours most obedient Servant,
Aaron Ogden.
Egbert Benson, Esqr.
THE COMMISSIONERS HOLD THEIR FIRST MEETING.
New York, June 19th, 1807.
Dear Sir: I received yours of yesterday, and communicated it to Messrs. L'Homme-
dieu, Jones, and Yates, Mr. DeWitt not having arrived, but is expected here to morrow,
and we have concluded to meet you, and as many of your colleagues as you may be
able to convene, and take a friendly dinner with you at Newark, on Monday, when
we can better discover and consult the mutual convenience of each other as to the
place and future time of meeting, and possibly some previous matters may occur,
which may most conveniently be arranged by verbal conference. I am, with due
respect, Your's &c.
Egbert Benson.
Aaron Ogden. Esqr.
The Commissioners on both sides met accordingly, and it was then agreed that the
next meeting should also be at Newark, and on the ensuing 28th of September.
36 UNNUAL REPORT OF THE
NEW YORK PRESENTS A HISTORICAL, REVIEW.
Gentlemen, In addition to the general fact, "that New York has always and without
any claim by New Jersey, exercised jurisdiction over the whole of the waters between
the two states," we have judged it proper to state particularly the following matters
in writing, previous to any verbal conference between us.
King Charles the second, claiming the Country comprehending the shores and waters
in question, then held by the Dutch, and to which they had given the name of New
Netherland, granted, interalia, a part of it to his brother, the Duke of York, on the
12th March 1663-4, by the description of "all that Island or Islands, commonly called
by the several name or names of Motowacks or Long Island, situate and being towards
the west of Cape Cod and the narrow Higansettes, abutting upon the main land between
the two rivers there called or known by the several names of Connecticut and Hudson's
river, and all the land from the West side of the Connecticut river to the East side
of Delaware bay" with certain powers of government or sovereignty.
The Duke, by lease and release, of the 23rd and 24th June, in the same year, con-
veyed a part of the above lands to Lord Berkley and Sir George Carteret, by the
description of "all that tract of land adjacent to New England, and lying and being
to the Westward of Long Island and Manhattan Island, and bounded on the East part
by the main sea and part by Hudson's river, and hath upon the west Delaware bay
or river, and extendeth southward to the main ocean as far as Cape May at the mouth
of Delaware bay, and to the Northward as far as the northernmost branch of the
said bay or river of Delaware, which is Forty one degrees and forty minutes latitude,
and crosseth over thence, in a straight line, to Hudson's river, in Forty one degrees
of latitude, which said tract of land was thereafter to be called by the name or names
of Casaria or New Jersey, "habendum", in as full and ample manner as the same was
granted to the Duke."
This conveyance is the foundation of the claim of New Jersey, and the questions
arising on it between the two states, and which we conceive to be the subject of the
present reference, are,
First. — Whether that portion of the boundary expressed, part by the main sea and
part by the Hudson's river, and extending thence along the shore to the mouth of the
river, assumed to be at the extremity of Manhattan Island on the east, and Constables
hook, or whatever other may be considered as the corresponding or opposite point on
the western shore, on the west; or a line commencing in, and extending through, the
channel of the river? or, in other words, whether the littus, the high water mark, or
the filum aquae, the channel, is to be adjudged the boundary?
1 Secondly. — Whether the line, after it leaves the river, be it either high water mark,
or the channel, is to pass on the eastern, or western, side of Staten Island?
The last question may be viewed as revolving itself into another, namely, Whether
the water, which, in the phraseology of the grant hereafter cited, parts Staten-Island
and the main, commonly known as the Sound, is not a portion of the main sea intended
in the conveyance?
Van der Donck, a dutch writer, was in New Netherland some years, and published
his description of it in 1656. After having noticed Delaware bay, he proceeds, "Now to
pass over the bay in which the East and North rivers fall in together, and in which
Ktatcn Island lies", — "and because it is the most frequented and most populous, and
in and through it the most trade and traffic is carried on, and also because it lies in
the middle of New Netherland, so it is quasi per excellentiam called the Bays";—
"it is the more famous, for there the East and North rivers fall in together, being
two very fine rivers to be hereafter more particularly described, together with several
kills, guts and creeks, and some of them to be likened to small rivers, and also navig-
able, as the Raritan-kill the kill of the Cul, Neversink, &c"— "besides that in this bay
more than one thousand ships of burthen may, and all within the land, make an
harbour, and may lay handsomely safe from dangerous winds";— "that entrance into
this bay is wide enough, and to be found, without much danger, readily by those who
have once been there or have been well directed respecting it, and one can often with
ease, if so minded, and the wind serves, immediately sail up, with one and the same
running tide, from the sea to before the city of New Amsterdam, which is five miles
from the open sea, with full lading, however large or burthensome the ships may be,
and in like manner return again to the sea; but in going out it is usual to come to
under Staten-island, at the watering place, to lay in a stock of water and wood, of both
of which there is a sufficiency to be had"— "one may come too far in the bay behind
STATE HISTORIAN.
37
Sandy Hook, to take advantage of the wind and tide, and wait for the last messenger
with letters."
New Netherland was conquered from the Dutch by the English, on the 27th of
August, 1664, and Nicolls, who commanded the armament, immediately on the conquest,
and in consequence of a commission from the Duke, of the 23rd of April preceding,
entered on the exercise of civil government throughout the whole of the territory com-
prised in the grant to the Duke, under the style of his deputy Governor.
The letter from the Duke to Nicolls, notifying him of the conveyance to Lord Berkley
and Sir George Carteret, or, as they, and their assigns, have been usually denominated,
the proprietors, is dated on the 28th of November, 1664; but when, in the intermediate
time, before the arrival of Philip Carteret, the first Governor under the proprietors, in
the ensuing summer, it came to his hands, does not appear.
On the first of December in the same year, Nicolls granted to Baker and his asso-
ciates a tract of land, described as follows: "A parcel of land bounded on the south
by a river commonly called the Raritan's river, on the east by sea which parts Staten-
Island and the main, and to run northward up Arthur Kull bay till you come to the
first river which sets westward out of the said bay, and to run west into the country
twice the length of the breadth thereof from the north to the south of the aforemen-
tioned bounds" — The water, parting Staten Island and the main, in the grant denomi-
nated sea, had, in the Indian deed procured by the grantees, in consequence of a
previous license from Nicolls, and on which the grant was founded, been denominated
a river. This grant as it regards a large portion of the land granted by it, has been
usually distinguished as the Elizabethtown grant, and the claimants under it as the
Elizabethtown people.
The proprietors as soon as this grant came to their knowledge, objected to it that
the duke having already sold and conveyed the lands to them, there was no title
in him at the time, and consequently the grant a nullity;— The Elizabethtown people,
however, persisting to maintain it. on the ground that they had purchased the Indian
title, and that the grant had thereupon regularly passed to them, before any notice
either to Nicolls or them of the prior alienation by the duke, a litigation between
these parties respecting it took place, and which still existed at the commencement
of the American Revolution; and if it is now to be considered as having ceased,
it is to be attributed either to that event, or to a length of possession under the
grant, or other circumstances, the effect of a lapse of time; and in a very early
stage of it both the king and the duke gave their aid to the proprietors by formal
printed declaration in opposition to the claims of the Elizabethtown people.
Governor Lovelace, of New York, in order to extinguish the claims of the Indians
to Staten Island, made a formal purchase of it from them in behalf of the duke,
on the 13th of April, 1670.
A partition of the entire tract, conveyed by the Duke to Lord Berkley and Sir
George Carteret, having taken pla.ce, and the eastern moiety or East New Jersey
having thereupon become the purport of Sir George, the duke, to the intent of further
assurances, executed three successive releases for it, one to Sir George himself, on
the 29th July, 1674, with the following description of its eastern boundary; "bounded
on the east part by the main sea and part by Hudson's River," another to his grand-
son and heir, on the 16th of September 1680, and the third to the earl of Perth and
others, the then proprietors, on the 14th March, 1682, with the following description
of boundary in each, " extending Eastward and Northward along the sea coast and
the said River, called Hudson's river, from the eastside of a certain place or harbor
lying on the southern part of the same tract of land " (the entire tract conveyed
by the original conveyance from the Duke to Lord Berkley and Sir George Carteret,)
" and commonly called or known in a map of the said tract of land, by the name
of Little Egg Harbour, to that part of the said river, called Hudson's river, which
is in forty one degrees of latitude."
Nicolls, by grant of 23rd December, 1667, after a recital in these words:—" Whereas
there is a certain island, within this government, lying and being in Hudson's river,
to the west of Long Island, between Nutten island* and the main, and about south-
west from this fort, commonly called and known by the name of the Great Oyster
Island; it being the biggest of the three small islands which lie there, near or adja-
cent one to another, to which said island there appears not to be any particular
lawful owner, either natives or others, who have just title, or do lay claim to the
*The present Governors Island.
»
38 ANNUAL REPORT OP THE
same", granted it to Robert Needham. This grantee the day after conveyed it to
Isaac Bedlow, whose 'name it has borne from that time hitherto.
Governor Andross granted little Oyster Island, being the second in size of the
three Oyster Islands, known also as a Bucking Island, to William Dyre. The date
of the grant in this instance, is, as it respects the month and the unit in the year,
left blank in the record of it.
In 1683, a body, exercising legislative authority, in the colony of New York, under
the style of the Governor, Council and Representatives, passed several Acts, and
among them, one entitled "An Act to divide this province and dependencies into
shires and counties ", with the following descriptions of the boundaries of the city
and county of New York, and the county of Richmond: "The City and County
of New York to contain all the islands commonly called Manhattan's island, Manning's
island, and the two barn (Barren) islands; the city to be called as it is, New York,
and the islands above specified, the county thereof." " The county of Richmond
to contain all Staten Island, Shooter's Island, and the Islands of meadow on the
west side thereof." These acts were re-enacted in 1691, and as it respects the City
and County of New York, with the following variance: " The City and County of
New York to contain all the island commonly called Manhattan's Island, Mannings
Island, and the two barn Islands, and the rest of the islands the county."
The Charter to the City of New York, of 1686, contains the following description
of its boundaries: " The City of New York, and the compass, precincts, and limits
thereof, shall extend and reach itself, as well in length as in breadth, as in circuit,
to the furthermost extent of, and in, and throughout all that the said island Man-
hattan's, and in and upon all the rivers, rivulets, coves, creeks, waters, and water
courses, belonging to the same island, as far as low water mark"; and grants to
the corporation, " all the waste, unpatented and unappropriated land lying and being
within the said city, and on Manhattan island, extending and reaching to the low
watermark, in, by and through, all parts of the same city, and Manhattan's island
aforesaid ". The charter of 1708, grants to them " all the vacant and unappropriated
ground, lying and being on Nassau Island, from high water mark to low water mark,
contiguous and fronting the said city, from a place called the Wallabout to the
Red-hook, over against Nutten Island; that is to say, from the East side of the
Wall-about, opposite the then dwelling house of James Bobine, to the west side of
the Red-hook commonly called the fishing place "; and notwithstanding, both as it
respects Manhattan Island and between the Wall-about and Red-hook, on Long Island,
the whole of the upland, or lands immediately bordering on, or expressed to be
bounded by, the adjacent waters or respective rivers, had been priorly granted to
private persons, the title of the corporation, as under those grants, to the land
between high and low water mark, has never been questioned.
The Charter of 1730 contains the following description of the boundaries of the city:
" To begin at the river, creek or run of water, called Spytden Duyval, over which
King's bridge is built, where the said river or creek empties into the North river,
on the West Chester side thereof, at low water mark, and so to run along the said
river, creek or run, on the West Chester side, at low watermark, unto the East
river or sound, and from thence to cross over to Nassau island, to low water mark,
there, including Great barn island, Little barn island, and Manning's island, and
from thence all along Nassau Island shore, at low water mark, unto the south side
of the Red-hook, and from thence to run a line across the North river, so as to
include Nutten Island, Bedlows Island, Bucking Island, and the Oyster Island, to
low water mark, on the West side of the North river, or so far as the limits of the
province extend there, and so to run up along side of the said river, or low water
mark, or along the limits of the province, until it comes directly opposite to the
first mentioned river or creek, and thence to the place where the said boundaries
first began." Their charter also grants that the mayor of the city, for the time
being, shall be bailiff and conservator of the waters of the North and East River's,
and accordingly all arrests on these rivers were made by the mayor, as water bailiff,
and the process for the purpose was directed to him. Of late, and probably within
twenty years, the practice has by some means gone into disuse, and in place thereof
the process is directed to the sheriff and served by him.
The three Oyster Islands and Shooter's Island, are respectfully, as relative to
Manhattan Island and Staten Island, beyond, or westward of the channel.
There are records of more than one hundred and thirty grants, made at various
times, by the successive Governors of New York, during the first thirty five years.
STATID HISTORIAN.
39
from the conquest, to different persons, for lands on Staten Island, some of them
original grants, and others in the name of confirmations, and the greater proportion
of them subsequent to the release from the duke to the proprietors of East Jersey,
in 1682.
There was soon a controversy between New York and New Jersey, concerning
the northern boundaries of the latter, or the points or stations, the western and eastern
terminations of it on the Delaware and the Hudson respectively. When it began,
cannot now perhaps, as to any precise period, be ascertained, but as early as the
year 1700, the Assembly of New York, in an address to Governor, Lord Bellomont,
mention " That differences had arisen between the county of Orange, in this province,
and the province of East Jersey, and they therefore pray him to take into considera-
tion the settling the bounds between the two provinces." It was, at last, in con-
sequence of mutual acts, by the respective legislatures, submitted to the Com-
missioners, to be appointed by the crown. The appointment took place accordingly,
and the commissioners having assembled and heard the parties, they, on the 7th
of October 1769, decreed, " That the boundary or partition line, between the colonies
of New York and New Jersey, should be a direct line from the fork or branch,
formed by the junction of the stream or waters called the Mahackamack, with the
river called Delaware, or Fishkill, in the latitude or forty one degrees, twenty one
minutes and thirty seven seconds, as found by the surveyors appointed by the said
commissioners to a rock on the West side of the Hudson's river, marked by the said
surveyors, in the latitude or forty one degrees, being seventy nine chains, and
twenty seven links to the southward, or a meridian, from Sneyder's house, formerly
Corbett's." Both parties being dissatisfied with the decree, as it related to the point
or station on the Delaware, appealed to the King in Council, pursuant to a right
reserved in the acts of submission; but in the course of two years thereafter, they
concluded to relinquish their appeals, and by like mutual acts to adopt and confirm
" the line so decreed by the commissioners, and declaring that it was and should
be the boundary or partition line, between the two colonies, and providing for the
appointment of Commissioners on the part of each, to join in ascertaining and
marking it, so that it might be sufficiently known and distinguished, and the com-
missioners were directed and required to mark the beforementioned rock, on the
West side of Hudson's river, with a straight line throughout its surface, passing
through the place marked by the surveyors, with the following words and figures,
to wit: Latitude 41, North, and on the south side thereof, the words, New Jersey,
and on the North side thereof, the words, New York; and to mark every tree that
might stand in the said line, with five notches and a blaze on the north-west and
south east sides thereof, and to put up stone monuments, at one mile distance from
each other, along the said line, and to number such monuments with the number
of miles the same should be from the beforementioned rock on the West-side of
Hudson's river, and mark the words, New Jersey, on the south, and the words,
New York, on the north side of every the said monuments."
On the 20th April, 1795, the Common Council of New York passed the following
ordinances or by-law, and order: " It being represented to the board, that certain
persons had set up fuycks, fences, in the river below low water mark, on the south
side of Paulus' hook, on the Jersey shore, to the obstruction of drawing seines for
the taking of fish; whereupon the following ordinance was passed by the board:
"A Law to prevent the setting of fences, or other obstructions, in the rivers within
the limits and jurisdiction of the City of New York.
"Be it ordained, by the mayor, alderman, and commonalty of the city of New
York, in Common Council convened, and it is hereby ordained by the authority of
the same, that no person shall set or place any fence, or stake, or any other thing,
whatsoever, in every part of the rivers or bays within the limits and jurisdiction
of the said city, by which the navigation of the said Rivers or bays, or the casting
or drawing of seines or nets, for the taking of fish, may be interrupted or obstructed:
and if any person shall or do set or place any fence, or stake, or any other thing
whatsoever, in any part of the said rivers or bays, contrary to this law, such person
shall, on conviction, forfeit and pay as a fine for each offence, the sum of Eight
pounds.
"And further, that it shall be lawful for any person to take up and remove any such
fence or stake, or other thing, which may at any time be found, set or placed,
contrary to this law as aforesaid.
40 ANNUAL REPORT OF THE
" Ordered that William Sloo, who is employed by this board to take fish for the
use of the almshouse and Bridewell, do cause to be taken up and removed all such
fences or stakes or other things, as may or shall be set in the river, in the manner
aforesaid, and which may or shall obstruct or interrupt him in casting or drawing
his seine as aforesaid."
We have been informed, so as to be fully satisfied of the fact, that the fences
and stakes were instantaneously removed by the persons by whom they were placed,
and who at the same time disavowed an intention to obstruct the fishery.
We are, &c Ezra L'Hommedieu,
Samuel Jones,
Egbert Benson,
Joseph C. Yates.
To Aaron Ogden, William S. Pennington, James Parker, Lewis Condict, Alexander
C. McWhorter Esquires.
September 28, 1807.
OBSERVATIONS UPON THE QUESTION BY THE COMMISSIONERS OF NEW JERSEY.
Whether by the grant or the Duke of York, of the 24th June, 1664, to Berkley and
Carteret, the right of the grantees was limited to high water on the Hudson river, or
extended to the centre of that river, usually termed the filum aquae?
Charles the second, by his deed, dated 12th March, 1663/4, granted to the Duke of
York the Hudson river, in terms, by these words, " Together also with the said River
called Hudson's River."
The Duke aiterwards, by his deed of release, dated 24th June, 1664, granted to
Berkley and Carteret, "All that tract of land adjacent to New England, and lying
and being to the Westward of Long Island and Manhattan island, and bounded on the
East part by the main sea and part by Hudson's river, and hath upon the West Dela-
ware bay or river. And Also, all rivers, mines, minerals, woods, fishings, hawkings,
hunting and fowling., and all other royalties, profits, commodities and hereditaments,
Whatsoever, to the said lands and premises belonging or in any wise appertaining,
with their and every of their appurtenances, in as full and ample a manner as the
same is granted to the said Duke of York."
The idea, that the right of the Duke's grantees is limited to high water mark upon
the Hudson arises from considering the river, as a public one, in which the tide ebbs
and Hows, and of course at the time of the Duke's grant, the soil and the water over
it, below high water mark, at the common law belonging to the King, and has not at
any time subsequent passed out of him, to any individual and of course the state or
public body that acquired the King's right, became entitled to the whole of this river,
or else that the river passed to the duke by the King's grant, but did not pass by the
dukes grant, to Berkley and Carteret, is not being granted to them in terms, and was
carried of course by him to the crown upon his acquiring It.
If the king had power to grant the river, it is presumed no person will doubt but
that it passed by the grant to the duke. That he had such power at the common law,
satisfactorily appears from Mr. Hargrave's law tracts, page 17. The Hudson then
ceased to be a royal river, on the 12th March, 1664, and became the private property
of a subject. By this transaction it is supposed it became subject to the law that regu-
lates inland or private rivers, and lost the perogatives which regulated the right to
it, while it was the property of the crown.
By the federal law, all navigable rivers were computed among the regalia. From
this source, and from certain political considerations, the same principle passed into
the common law. And it being once established, that a navigable river belonged to
the King by his prerogative, all his grants, respecting such river, were subject, of
course, to the construction peculiar to royal grants. If, therefore, the king owned the
soil adjacent to a navigable river, and granted it to a subject, binding him upon the
river, the grantee would be limited by high water mark, the grant being construed most
favorably to the king, and nothing by intendment being taken against him. The
owners of the soil adjacent to navigable rivers, are, therfore, prima facie, not owners
of any part of the river, and if they claim title to the river, it must be strictly shown
by a grant from the king in express terms, or by proscription. It is well known that
the law in respect to fresh rivers or private rivers as they are frequently termed,
is directly otherwise, and that such rivers of common right belong to the owners of the
STATE HISTORIAN.
41
soil adjacent, and that this ownership prima facie, in all cases, extends usque and
fllum aquae, which arises from the construction of the grant of the adjacent soil, bind-
ing the grantee upon the river; all such grants by construction, carrying the right
of the grantee, usque ad filum aquae. This construction of law, so favorable to royal
property, is one of the prerogatives of the crown, and never adheres to any description
of property, except in some special cases of tenure by knight service, when such prop-
erty ceases to be royal. It follows then conclusively, that if the soil adjacent to a
navigable river, together with the river itself, became vested in a subject, and such a
subject make a grant of the adjacent soil, binding the grantee upon the river generally
without restriction, that such grant must receive the same construction, as is incident
to every grant of soil adjacent to a private river; otherwise that quality of the prop-
erty, which springs from prerogative only, would adhere to it, after it passed into the
hands of the subject, which, according to all the cases, can never be. The true doctrine
then is, that at the common law, when a navigable river becomes vested in a subject,
it ipso facto becomes a private river, and all the law regulating the rights to private
rivers, necessarily attached to it, subject however to the juspublicum hereafter spoken
of. In the great case of the river Severn, the lord Barclay prescribed for the river,
usque fllum aquae, as parcel of the manor of Barclay, and proved his prescription.
Suppose he had granted the manor binding upon the river in the usual form, it is
presumed no one could doubt but the whole manor between high water mark and the
fllum aquae remained in the grantor, could only be entertained for a moment, upon
the supposition that the binding by the river in terms limited the grant to the margin.
But when it be considered that if the boundary be carried to the filum aquae, the
binding is equally by the river, the whole resolves into a question of construction,
which in the case of all private grants, being most unfavorable to the grantor, at once
extinguishes the idea of the aforesaid section of the manor remaining in him after such
grant.
Every navigable river, thus made private by the grant of the king, like the river
Severn, is still subject, as is said of that river, to two distinct rights.
1st. The right of government over it which the supreme power of the nation
necessarily retains, in reference to the safety of the nation and to the customs.
2nd. The juspubiicum, as it is termed by Lord Hale, or the public interest that the
people have of passage and repassage with their goods by water. For, as that great
judge says, speaking of a navigable river granted to a subject, " the people must not
be obstructed by nuisances, or impeached by exactions. For the jusprivatum of the
owner or proprietor is charged with, and subject to, that juspublicum which belongs
to the king's subjects as the soil of a highway is, which though in point of property
it may be a private man's freehold, yet it is charged with a public interest of the
people, which may not be prejudiced or damnified." It may not be amiss to remark
further, that if Judge Tucker's opinion, as expressed in his Blackstone, be true, that
prerogative rights in this country, ceased at the revolution, it seems necessarily to
follow, that the Jaw applicable to the rights of private rivers became common to public
or navigable waters also; and that peculiar right or prerogative inherent in
the crown, which occasioned the distinction in law in respect to these two kinds of
rivers being extinguished, no distinction in the law as to such description of waters
remained. It is presumed therefore, at this day, that the rights of individuals, as
relative to public and private rivers, are precisely the same, all however subject to
the two descriptions of rights before particularized, viz. the superintending right of
the government for the purposes of public safety and revenue, and the juspublicum.
This statement and consideration of the law, accords with the practice and usage, and
with common understanding, it is believed, of all the people of the United States.
It was no doubt under this view of the subject, that the enlightened commentator
on the laws of Connecticut lays down the law to be, that all rivers, that are navigable;
all navigable arms of the sea, and the ocean itself, on our coast, may, in a certain
sense, be considered as common, for all citizens have a common right to their navi-
gation; but all adjoining proprietors on navigable rivers and the ocean, have a right
to the soil covered with water as far as they can occupy it, that is to the channel;
and have the exclusive privilege of wharfing and erecting piers on the front of their
land. Any person therefore has a right to sail through the waters that cover the land
of another, without being liable for a trespass, in the same manner as one may pass
through the air which is above the land of another; but no man has a right to do
any act in the navigable waters upon the front of another's land which can affect the
soil, ?s wharfing and erecting piers; for in this there is an exclusive property, though
42 ANNUAL REPORT OF THE
there is not in the water. Nor may adjoining proprietors erect wharves, bridges or
dams across navigable rivers, so as to obstruct their navigation. It is presumed Mr.
Swift meant that such was the understanding of the common law in Connecticut, and
it is believed that such is necessarily the understanding of the common law in every
State in the union, since the revolution.
The result of the whole of this doctrine then is, that, upon the strictest principles
of the common law, the grant of the Duke to Berkley and Carteret, binding them on
the east by the Hudson, carried their right of soil to the Slum aquae of that river.
That no restriction in that grant was intended by the grantee, every one who reads
it will readily admit. It conveys in terms all the land lying to the westward of
Manhattan Island; if an adherence to express terms of grant is to be so much attended
to as is contended, a more plausible argument arises from considering the land under
the Hudson as expressly included in these words, and carrying the right of Berkley
and Carteret to the eastern margin of the river, then limiting them to the western.
And when it is observed, that the grant contains " all rivers " it is presumed, that,
instead of any restriction of the property, that was the subject of the grant, being
intended, the intent was that it should embrace all property that, by the most liberal
construction of the law, could be brought within it. There being then no intent on
the part of the grantor to limit the grant within the extent of the construction of law
would otherwise give it, if the statement of the law herein contained be correct, the
conclusion of the question is inevitable, that the grant to Berkley and Carteret, at the
time it was made, carried their boundary on the east of the filum aquae of the Hudson
river.
Aaron Ogden,
Alex'r C. McWhorter,
William S. Pennington,
Lewis Condit,
James Parker.
To Samuel Jones, Egbert Benson, Ezra L'Hommedieu, Joseph C. Yates, &c. Com-
missioners. September 29th, 1807.
ARGUMENT OF THE NEW JERSEY COMMISSIONERS.
We have hitherto considered this question in the light of a grant from one subject
to another, of land laying on the navigable waters. Supposing that we are wrong in
the conclusion which we have drawn from this view of the subject, yet the real situ-
ation in which we stand presents to the mind a different view of the question.
The Duke of York received from his brother, Charles the Second, a grant of a large
tract of land in America, at that time a little better than a wilderness, for the purpose
of settlement and improvement, with ample powers of government. The Duke, finding
this territory too large for one colonial government, before the country was taken
possession of in his name, granted a large district of this country, of nearly two hun-
dred miles in extent, separated from the rest on its eastern boundary by large navig-
able waters, with like powers of government, to two of his friends, at that time high
in the confidence of the king. This grant being made, for the sole purpose of enabling
the grantees to plant a colony, and improve the country, thereby to benefit, extend and
protect the empire, we apprehend that this grant, from the general principles of law
arising therefrom, without anything more, being the grant of an independent colony,
carried with it a right to the use of the sea, and navigable waters adjoining the same.
Lest it should be said, that we take for granted what is yet to be proved, we will
in the first place shew upon what grounds we say that the grant carried with it the
powers of government. The state of New York, we apprehend, will not deny that the
powers of government were granted to, and vested in the Duke of York, throughout
the whole territory conveyed to him. In this grant to Berkley and Carteret the terri-
tory is conveyed to them in as full and ample a manner as the same is granted to
him; on taking possession of which, the grantees assumed the powers of government
under the immediate auspices of the duke and the crown; and in 1682, after a partition
had been made between the east and west Jersey proprietors, the duke, in order to
confirm the title of the East Jersey proprietors, made a new grant, in which he, in
express terms, conveys an authority to the proprietors, " to exercise all necessary
government therein, with the same powers, authorities and jurisdiction, government
and other matters and things," which he himself derived from the grant to him.
Should it be said that the grant of the powers of government from the crown to a
STATE HISTORIAN.
43
subject is not alienable, yet we apprehend that the assent of the crown would cure
that defect; that this assent was given, appears by a proclamation of Charles the
second, dated the 13th of June, 1674, wherein he says that, " whereas our right trusty
and well beloved counsellor, Sir George Carteret, by grant derived under us, is seized
of the province of New Jersey, in America, and of the jurisdiction thereof as proprietor
of the same; we do strictly charge and command all persons whatsoever, inhabiting
such province, forthwith to yield obedience to the laws and government which are or
shall be there established by the said Sir George Carteret."
A similar recognition of the right of government is contained in His Majesty's letter
to the deputy Governor of New Jersey, dated the 9th of December, 1672. This right
of government, thus granted and confirmed by the duke, and recognized by the crown,
was in fact exercised by the proprietors for upwards of thirty years, until it was
voluntarily surrendered by them to, and accepted by, the Crown, in the beginning of
the reign of Queen Ann, on which it became a royal government, and remained a
separate and distinct colony until the Revolution, when it became an independent state.
We, therefore, think we are correct when we say, at least for the purpose for which
we use it, that the right of government passed with the right of soil to the New Jersey
proprietors.
That it could be the intention of the parties concerned, that so extensive a district
of country should be separated, from the remainder of the territory, erected into a
distinct colony with ample powers of government, the territorial lines of which, nine
tenths of its whole distance, being on navigable waters, should be confirmed within its
own shores, and so shut out from navigation, the free use of which being essentially
necessary to its existence and prosperity, cannot as we apprehend, be easily conceived
of, nor for a moment gain credit with any impartial man acquainted with the history
and geography of this country. When, however, we look into the grants themselves,
we find this right abundantly recognized, and in one of them in express terms pro-
vided for. In the original grant of the duke to Berkley and Carteret, we find this
strong and impressive language made use of: "And also all rivers, mines, minerals,
woods, fishings, hawkings, hunting and fowlings, and all other royalties, profits and
commodities, and hereditaments whatsoever, to the said lands and premises belonging,
or in any wise appertaining, with their and every of their appurtenances in as full and
ample a manner as the same was granted to the said Duke of York." Can it be said
with legal propriety that the free use of all navigable waters, washing the shores of an
independent colony, is not appertaining to the territory, and among the regalia of
the crown expressly granted?
The settlement of New Jersey was fostered and encouraged by the Duke of York and
the Crown, for the extension, protection and benefit of the Empire. Can it reasonably
be supposed that it was intended to beguile the first settlers there, and their shut them
out from the navigable waters adjoining their shores? That if they took any oysters
in front of their lands, they were made liable to be dragged before the tribunal of a
neighbouring colony as trespassers? We think this circumstance alone is sufficient to
shew it could not be the understanding of the parties at the time of the contract. But
what puts this question beyond all doubt, is the words of the confirmatory grant by
the Duke of York to the East Jersey proprietors, in 1682, before mentioned; this being
made to explain the former grants and confirm the title, hath the following additional
clause: "As also the free use of all bays, rivers, and waters, leading into and laying
between the said premises, or any of them, in the said part of East Jersey for naviga-
tion, free trade, fishing or otherwise." Here is a complete recognition of the right of
the New Jersey proprietors to the free use of the waters leading into any part of the
colony, for fishing, trade &c. In consequence of this grant, thus made and explained,
the lords proprietors, grantees under the Duke, acting under his auspices, protected,
countenanced, and encouraged by the crown, held out to the adventurers into the
colony, in a set of articles of agreement made with them, in the nature of an original
constitution of colonial government, called the grants and concessions of the lords
proprietors, and dated 1664, among other things, " That the Assembly should have
power to create and appoint, such and so many ports, harbours, creeks, and other
places, for the convenient loading and unloading of goods, and merchandise ships,
boats, and other vessels; as shall be expedient, with such jurisdiction, privileges and
franchises, to such ports, &c belonging, as they shall judge most conducive to the
general good of the said plantation or province." It was also agreed, " that the inhabi-
tants of the said province have free passage through, or by, any sea's, bounds, creeks,
rivers or rivulets, &c in the said province through, or by which they must necessarily
44 ANNUAL REPORT OF THE
pass to come from the main ocean to any part of the said province." And to induce
adventurers, the lords proprietors published in England an account of the situation of
the colony, showing its advantages and among other things, say, " that for the navi-
gation, it hath these advantages, not only to be situated along the navigable parts
of Hudson river, but his fifty miles on the mail sea," &c And again, " it being con-
siderably peopled, and situate on the coast with convenient harbours, proper for such
as incline to fishery, the whole coast and very harbour's mouth being fit for it."
We are aware that the Acts of the Lords proprietors, and the encouragements held
out by them to the first settlers, are not legally binding on any other than themselves
and representatives; but we apprehend that all this being done under the eye of
the Duke, and within the hearing of the king, by the friends and favorites of each, is
strong evidence of the understanding of the parties at the time of the contract, and
we apprehend that contemporaneous expositions are weighty in law. On this head
we will further observe, that at the time that the proprietors were about to sur-
render to the crown the right of government, in the latter part of the reign of king
William, they stipulated, among other things, " that they should be entitled to wrecks
and royal fish that should be forfeited, found or taken, within East Jersey, or by
the inhabitants thereof, within the seas adjacent, to remain to the proprietors with
all other privileges and advantages, as amply as in the grant and confirmation to
them of the 14th of March, 1682," that is the confirmatory grant of the duke of York,
before mentioned; to which the lords commissioners of trade and plantations made
answer, " that right arising to the proprietors from the sea's adjacent cannot be
well circumscribed; and that the grant of 1682, ought to be well considered, and
such particulars therein as are proper, may be allowed of," that is as apprehend,
such things as did not concern the rights of government, which were about to be
surrendered; all this, added to the reasonableness and propriety of the thing, must,
we think, force irresistibly upon the mind a conviction that the king, the Duke of
York, and all parties concerned in the transaction, understood that the inhabitants
of New Jersey, as a separate, independent colony, was to have the free use of
Hudson river, and all navigable waters washing their shores, with convenient access
to the sea, comprehending in which the right of erecting and establishing docks,
wharfs, piers and ports, anywhere, on or adjacent to their own shores.
When we speak of a separate and independent colony, we would be understood
to mean, separate and independent of any other colony, but not of the crown. This,
therefore, being the intention of the grant; the nature of the transaction and under-
standing of all parties concerned in interest, and, as we apprehend, according to the
general principles of law arising on the subject, the practice hath corresponded there-
with ever since: for we think we may with perfect correctness state, that as far
back as the memory of man extends, or any other evidence adduced, to the present
hour, the inhabitants of New Jersey have used and uninterruptedly exercised the
right of erecting and establishing docks, wharves, piers, ferries and fishing weirs,
in front of their lands, adjoining Hudson river, and all other navigable waters, and
have uninterruptedly used the waters of the Hudson river, and the sea adjoining
and contiguous to the shores, for the purpose of navigation, trade, fishing, &c. in
the same manner as any other American colony did use, occupy, and enjoy their own
shores, and the navigable waters adjoining and contiguous to them.
Independent of any grant, pact, stipulation, or agreement, we are, from the nature
of the transaction, led to consider, that in settling and colonizing the wilderness
of America, every district of Country, erected into a distant, separate colony, with
the powers of government, either royal or proprietary, became entitled to the use
of the navigable waters by which they are bounded, as part of the territory and
domain of the colony, subject however to the general jurisdiction of the crown, made
for the purposes of trade, revenue and defence, that the several colonies in respect
to their relative rights, in the situation of independent territories. Being then in
possession of these rights, as we apprehend, by express grant, by the understanding
of all parties concerned, at the time of the grant, and the general principles of law
in respect to the same, and having ever since actually exercised and uninterruptedly
enjoyed them, we were at a loss to conjecture on what ground or foundation the
state of New York could build up a claim adverse to them. We .apprehended that
there existed some grant unknown to us, with a date anterior to the settlement
of the country, and transcending all our rights; but on the most diligent enquiry
we have not been able to discover a syllable in writing or in print on the subject,
unless the charter of governor Montgomery, in 1730, sixty years after the settlement
STATE HISTORIAN. 45
of the country, and the vesting of our rights, can be considered as such. The charter
of Governor Dongan in 1688, in the reign of James the second, who was formerly
Duke of York, and proprietor of the province, expressly limits the jurisdiction of
the city corporation to low water mark, on their own shore; and, thus circumscribed,
remained until the year 1730, in the reign of George the second, when Governor
Montgomery, desirous of encouraging the commercial city of New York, by endowing
it with large and extensive territory and jurisdiction, renewed the ancient charters,
and extended the jurisdiction of the city corporation, in the first place to Long Island,
and from thence across the river, taking in the small Islands in the same, when,
with cautious circumspection, he approaches the Jersey shore in the following manner:
" to low water mark on the west side of the North river, or so far as the limits
of our said province extend there, and so to run up along the west side of said
river at low water mark, or along the limits of our said province, until, &c "
Whether it is intended to set up this charter of Montgomery, as an evidence of the
line of the province of New York, extending to the Jersey Shore, we know not;
we think that it evidences the contrary: for if the line of the colony at that time
extended to low water mark, on the Jersey shore, governor Montgomery would
never have set it afloat by the equivocal language made use of in his charter. The
utmost that can be said of this charter is, that it extends the jurisdiction of the
corporation of the city of New York, as far as the limits of the colony west.
The province of New York was not enlarged by this charter, nor is it any evidence
of the colonial line. It says no more than this, if the line of the province extends
to low water mark on the Jersey shore, then, and in that case, the jurisdiction of
the corporation shall extend there also; and if not, then to the line where it may
be. If, instead of low water mark, it had said to Arthur Kull bay and JEiackensack
river, it would have been precisely the same thing; the question, where is the line
of the province, would have been wholly untouched and undetermined by it. The
Charter of Montgomery we think proves conclusively, that in 1730, sixty six years
after the grant of the duke and the settlement of New Jersey, there had been no
grant, deed, or charter, or other instrument of writing made to the province of New
York, or any inhabitant thereof, designating the low water mark, on the western
shore of the Hudson river, as the western line of the province.
We understand that the state of New York entertains an idea that the colonial
government of New York was placed in the shoes of the Duke of York, and became
his representative: when this notion took its rise, or on what evidence its legal
existence was grounded, is wholly inconceivable to us. In an opinion delivered by
Mr. Richard Harrison, at the request of the Corporation of the City of New York,
in May 1804, Mr. Harrison says: "That it is well known that so much of the land
between Connecticut river and Delaware bay, as passed by the grant of the Duke
of "iork, and was not conveyed to the proprietors of New Jersey, reverted to the
crown upon the accession of James the second." The colony of New York must
then not only have been the representative of the duke, but also of the crown; we
look upon all this imaginary. But supposing it was real, and we were contending
with the representatives of the duke and the crown, the representatives must surely
be bound by the acts of their principal, viz. the grants of the Duke of York, after-
wards confirmed, and explained, and recognized by the crown.
The facts are simple and capable of being drawn within a small compass. The
right of soil and government being in the duke of York, he formed a tract of land,
lying westward of Long Island and Manhattan Island, into one colony; and another tract
of land, lying on the east of the Hudson river, and including a northern district of coun- .
try, into another colony: the two colonies built docks, wharves, and piers, and erect
ferries, fishing weirs, on or contiguous to each of their own shores at pleasure,
and used and occupied and enjoyed the river in common. The only difference between
the two Colonies in this respect is, that New Jersey has a written authority for what
they do, and New York has none. That New Jersey should be placed in a worse
situation, with a written, than New York without a written title, is, to us, matter
of surprise. We should think that a claim so derogatory to the rights of an inde-
pendent state, and humiliating to the feelings of a free people, should have for its
basis a more solid foundation than anything which has yet appeared to us.
We can perceive nothing, either in the original formation or progress of the colonial
governments that should give one colony superiority over the other, in respect to
their respective shores, and the use of the navigable waters adjoining the same,
or to the jurisdiction over them. If the colony of New York derived any advantages
46 i^NNUAL REPORT OP THE
from being a royal government, which is a matter we cannot easily conceive of,
yet the Colony of New Jersey, in the commencement of the last century, became
a royal government also, and continued so until the revolution, and in that respect
was on equal ground with the colony of New York.
Aaron Ogden,
Alexr. C. McWhorter,
William S. Pennington,
James Parker
September 30th, 1807.
NEW YORK ANSWERS THE ARGUMENT OP NEW JERSEY.
Gentlemen, In answer to your observations on the question, " Whether by the grant
of the duke of York, of the 24th of June 1664, to Berkley and Carteret, the right of the
grantees was limited to high water mark on the Hudson river, or extended to the
centre of that river, usually termed the Slum aquae?" it is requisite for us to attend
only to one principle stated by you, in its application to the grant from the king to the
duke, and the grants from the duke, namely, that at the common law, " When a
navigable river becomes vested in a subject, it ipso facto, becomes a private river, and
all the law regulating the rights to private rivers necessarily attaches to it." Although,
as it will be perceived, we forbear from the examination of this principle, still to
guard against presumption from our silence, we think proper to declare, that we do
not admit, because we do not discern the law to be, as we conceive you advance it,
that where the soil adjacent to a navigable river on both sides of it, together with
the river jtself, becomes vested in a subject, and such subject makes a grant of a
parcel of the adjacent soil on one side of the river, binding the grantee upon the river
generally, without restriction, that the right of the grantor to the river, comprehending
the water and the land covered with it, and the right of jurisdiction, if he should also
happen to have such right, to extend between lines, from whence it is so bound on
the river, to the channel, will pass to the grantee.
Supposing, however, that when the case was a res Integra, or allowing a reasonable
time to Berkley and Carteret, after the grant to them, to inform themselves of their
rights, it might then have been made a question, as to the rules by which the grants
of the duke were to be construed, we say that there having been a contemporaneous
exposition, and a usage in practice in conformity with it, for a period little short
of a century and an half, every such question must now be precluded.
The grant from the king to the duke, besides passing an estate in the territory,
further grants certain rights of jurisdicition or government, and which, as to be dis-
criminated or abstracted from his estate or interest in the territpry, comprehending the
rivers within it, we shall denominate his right of jurisdiction, his grants were to
receive the like construction as if they had been immediately from the sovereign with-
out the intervening grant to him, and in that sense, and in reference to that con-
struction of his grants, he was, as between him and his grantees, to be considered as
sovereign, and so the law has always been received in New York, and accordingly
every grantee has been declared to have sued out his grant at his peril; and, as a
consequence, if he deceived the duke in his suggestions for it, the grant was void.
And, further, the grants, to the corporation of New York, for the land between high
and low water mark, mentioned in the statement we have delivered to you, and the
grants which are still constantly made by the commissioners of the land office, under
the authority of the state, for the soil below high water mark, where it had not, prior
to the American revolution, been expressly granted either by the duke before or after
his accession, or by his successors to the crown after his abdication, all rest on the
ground, that when the grant for the adjacent land was bounded generally upon the
river, nothing passed below high water mark, or, in fine, that the grants by the duke,
as it regarded the rules by which they were to be construed, were to be deemed royal
grants.
Whether the law has been held in New Jersey, that where the proprietors, prior to
the mode afterwards observed of appropriating lands by warrants, from the council of
proprietors to the surveyor general, made a grant of land adjacent to a navigable
river, so within the fances terra of territory granted to them, as unquestionable to
pass with it, and binding the land generally on the river, the grantee, as between him
and the proprietors, was, in virtue of the grant for the land, also entitled to the river
as far as the channel, we are not informed; but suppose the law so to have been held,
STATE HISTORIAN.
47
and consequently that, as stated by us, it is to be deemed the mere lex loci of New
York, and as such not affecting the rights of New Jersey, still we trust that you will
be sensible, that it having now become, as it were a fundamental in our State, it would
be highly unadvised in us to depart from it; not only so, but we have a perfectly
satisfactory conviction there was sufficient warrant, and founded in the law of England,
as to be applied to the case, or colony state, to assume or adopt it in the first instance,
and that it has been wise to persist in it.
We remain, with due respect, Your obedient servants,
Ezra L'Hommedieu,
Samuel Jones,
Egbert Benson,
Joseph C. Yates.
To Aaron Ogden, William S. Pennington, James Parker, Levi Condict, Alex. C.
McWhorter, Esquires.
September 30, 1807.
NEW JERSEY REFUSES TO YIELD HER PREROGATIVES.
Gentlemen: If the commissioners, on the part of New York and on the part of
New Jersey, should ultimately disagree upon the construction of the several grants
of the duke of York, still it is hoped, that the following considerations which are
wholly distinct from those heretofore submitted, may prove sufficient to produce an
agreement:
That the jurisdiction of New Jersey must be co-extensive with its natural territories,
as understood by the laws of nature and nations.
The following may illustrate and prove the foregoing propositions:
1st. New Jersey possesses the rights of a free, sovereign and independent state,
as freely and completely as any nation on the globe, except so far as she may have
delegated rights to the general government of the United States; that in virtue of
her sovereignty or empire (unless some limitation can be shown) she has jurisdiction
over all the territories, which, by natural law, belong to it, and a perfect jright
to all powers within such territories, that are necessary for her safety and preservation.
2nd. That when two nations border, each on a navigable river, (unless some reason
of preference can be shewn) or where the respective claims are doubtful, the juris-
diction of each extends to the middle of that river.
3rd. That the coasts of the sea, the shores, the bays and harbors, belong to the
Jurisdiction of the adjoining country; that they are, as it were, the gates and inlets
to such country, and necessary for its safety and commerce, and consequently a
part of the country, and manifestly within its territories, and under the empire of
the government established therein.
4th. That the empire of a country and the property in its soil are not inseparable
in their nature, even in regard to soveign states. And nothing prevents the possi-
bility of property belonging to a nation in places, not under its obedience, in which
cases they possess them in manner of individuals.
5th. That if the foregoing positions be true, it will not follow that the jurisdiction
of our shores and harbors belong to the State of New York, although the property
should belong to any individual or corporation within the state, or even to the
state itself.
6th. That the king of Great Britain possessed, not only the property in all navi-
gable rivers, but by his prerogative, he claimed and exercised, among his regalia,
jurisdiction over them, and over all shores below high water mark, and over all
ports, and harbours whatever, within his American colonies. It is, therefore, evident,
that if the grant to the first settlers of New Jersey had contained any express
limitation to high water mark, it would follow, that the property, as well as
the jurisdiction over the subject matter, now in controversy, was retained by the
duke, and again resulted to the crown, when he became king of England, and
would be no more than if the crown had retained originally the property and juris-
diction of a large lake in the centre of New Jersey.
7th. It is believed, that the crown of Great Britain, by the lords commissioners
for trade and plantations, exercised the actual jurisdiction in and over all harbors
and rivers within her colonies, independent of any colonial assemblies; in which
case, when the independence of New Jersey was acknowledged, the king of Great
Britain impliedly yielded to her all the jurisdiction, generally, which he had before
48 ANNUAL REPORT OF THE
exercised in and over the natural tereitories belonging to the country called New
Jersey.
8th. That New Jersey having, as before mentioned, on her various sides many
valuable bays, harbors, and ports, naturally forming . a part of her territory; and
essentially necessary for her safety and the establishment of her commerce, we
do not perceive how any principle can be admitted which may abridge her sovereignty
over her own shores and the adjoining waters. We are with high respect Gentn.
Yours
Aaron Ogden,
William S. Pennington,
Alexr. C. McWhorter,
James Parker.
To Egbert Benson, Saml Jones, Ezra L'Hommedieu, Jos. C. Yates, Commissioners,
Octob. 2, 1807.
NEW JERSEY THROWS IN A FEW COROLLARIES.
Gentlemen, Before a verbal conference, we beg leave to submit for your considera-
tion .
1st. Certain extracts, and an affidavit marked A. B. C. D. E.
2d. That a port has been established at Perth Amboy, ever since the settlement of
New Jersey, and that the inhabitants of New Jersey have been always in the constant
practice of building Wharves, erecting piers, establishing ferries, and taking fish, any
oysters, in the waters adjoining, without any material interruption or question till of
late years.
3d. A clause in Smith's History of New Jersey describing Manhattan isle as in
Hudsons river.
4th. The duke of York's grant to Berkley and Carteret of New Jersey, of June 1664,
binds the territory therein conveyed " on the east part by the main sea, and part by
Hudson's river, and hath upon the West Delaware bay or river."
5th. Whether to take Staten Island out of the duke's grant, it must not be shewn
that it lies east of the main sea?
6th. Whether this can be shewn in any other way than by proving that the sound,
which separates it from the continent and makes it any island, is the main sea?
7th. Whether the word main, as connected with sea, must not be presumed in legal
construction, to have been introduced into the grants for some purpose, and whether
any purpose can be imagined, but the obvious one, of giving a definite meaning to the
word sea, and to do away all uncertainty, in the eastern boundary, which might arise
from confounding sounds, straits, or arms of the sea, with the sea itself.
8th. Whether the term main sea, has not a precise legal significance which corre-
sponds with the vulgar or common signification of it, and synonimous with ocean: and
whether this be not chief justice Hale's idea, in his description of it, when he says,
" The part of the sea which lies not within the body of a country is called the main
sea or ocean."
9th. The Duke, by his subsequent confirmatory grants of East New Jersey, of 1680
and 1682 declares the Eastern boundary to extend " Eastward and Northward along
the sea coasts and the said river, called Hudson's river," &C. Whether the salt
meadows which chiefly constitute the margin of the sound, and which is thirty miles
from the ocean, can be considered the sea coast which is called for by the grant, and
more especially when the confirmatory grants add " and all and every isle, islands "
&c could the duke, or any other person, conceive that the legal title to Staten Island
still remain in him.
10th. Whether, if the grants of the duke are to be circumscribed within the litters,
there could have been any islands meant to be conveyed thereby.
llth. Whether the duke must not be presumed to have granted under legal advise-
ment; and whether, according to the most approved rules of construction, his words
ought not to be taken in the strongest and most large sense against him, so as not
only to import as much as they do in common use, but also to include that significa-
tion which is known and received among lawyers. See Ruffendorf, lib. 5 ch. 12 and
whether the words main sea, under the above idea, does not mean more than the word
sea, mentioned in the grant of Nicholls to the Elizabeth-Town people, as laying between
Staten island and the main land.
12th. The proprietors of East New Jersey had great controversy with their first
settlers, and on that account could have no wish to have the weight of the crown
Si A no HISTORIAN.
49
thrown into the scale against them, by having a controversy with the Royal governor
respecting Staten island, especially with the arbitrary and tyrannical governor Andros,
who showed at the same time his power and his want of justice, by his actually
imprisoning governor Carteret, of New Jersey, for the bare assertion of his lawful
authority in parts of New Jersey not in controversy. The above is submitted as a
reason why the proprietors of New Jersey did not assert their jurisdiction over Staten
island further than is referred to in the extracts submitted.
13th. That an Indian title has never been considered any objection against one regu-
larly deduced from the crown; besides the purchase of governor Lovelace from the
Indians, for the Duke was in 1G70, and anterior to the several grants of 1674, 1680 and
1682, by which all the rights he had at those times must have passed.
14th. That if a grant be restricted by actual length of chain, or a natural land mark
on the margin of a river, nothing can be presumed to have been conveyed further,
and as far as we have had opportunity to inspect the several grants and patents, which
have been shewn to us, they all appear to be capable of being reconciled on this
principle to the common law construction of deeds that we have heretofore submitted,
except perhaps in the grants to some towns, which seem to be grants of jurisdiction,
as to corporations over lands which have been previously, or might be thereafter,
purchased by the settlers.
15th. That the Commissioners, who determined the northern boundary of New Jersey,
were excluded from settling the eastern boundary. Hence it was that the commis-
sioners marked the rock on the west side of the Hudson's river, with a straight line
throughout the surface of the rock, passing through the place marked on the rock by
the surveyors, with lat. 41 north, and on the^ south side of the rock with the words,
New Jersey, and on the north side with the words, New York; and hence it is also,
that they did not mark the east side of the said rock with the words, New York, if
they had decided that to be the eastern boundary.
16th. Further observations on the construction of the several grants of the duke,
independent of the common law construction heretofore submitted — which paper is
marked No. 2. We are, Gentlemen, Your obedient servants
Aaron Ogden,
Alexr. McWhorter,
William S. Pennington,
James Parker. \ .
To Ezra L'Hommedieu, Samuel Jones, Egbert Benson, Joseph C. Yates, Esquires.
Commissioners &c.
"A."
By the Honorable Philip Carteret Esqr., governor of the province of East, New
Jersey, under the right honble. the lady Elizabeth Carteret, sole executrix to the right
honble. Sir. George Carteret, kn't & bar't, deceased, late lovd proprietor of this province
and his councill,
To the honble the governor or Commander in Chief of all his royal highness' terri-
tories in America, at New York, and his councell there.
WHEREAS I have an order to lay claim to Staten island, as properly and justly
belonging to the lord proprietor, his government and jurisdiction of the province,
and doth appeare by his royall highness' grant, under his hand and scale, bearing
date the 10th day of [?] 1680. Wherefore, these are in the lord proprietor's name,
and by virtue of the said grant, to demand of you the surrender of the said island
unto me, with the quiet possession thereof; and that yourselves or any other persons,
by your authority doe forbeare the exercising any command, authority or jurisdiction
within the said island, in which I do expect your speedy answer and compliance.
Given under my hand and seale, the 22nd July 1681.
Ph. Carteret.
The Letter to Capt. Anth. Brookholst, 1
deputy Govern, and commander in Chief}- Sir:
of New York, Government. j According to my order, I have sent
to Mr. La Prairie and Mr. Bollen to demand the surrender of Staten island into my
possession and government, as of right belonging unto Sir George Carteret, lord
proprietor of this province, as you may see by your copy of his royal highness ' grant
50 ANNUAL REPORT OF THE
sent you by them, concerning which pray let me have your speedy resolution and
answer. Your humble Servant ph Carteret
•RnnU A naee 2 ? Directions and instructions to James Bollen, Esqrr. Secretary of
March 28 1681 3 our province of East New Jersey, from Lady Elizabeth Carteret.
"You are to lay claim to Statten island, as belonging to us, according to his Royal
Highnesses grant, and also the farme at Horsemus, and to take it into possession for
mArtic!es (by Philip Carteret) to John Ogden, Servt. and others, undertaking a fishing
trade and also the taking and preserving of whales and such like great fish &c. "Imp."
I doe give and grant unto the aforenamed John Ogden, Caleb Carwithy, Jacob Mollems,
William Johnson and Jeffrey Jones and company, and to all and every of them, free
leave and liberty to take or kill any whale, whales, or such like great fish in any place
or places where they may be found or taken, whether at sea or in any creek, or Cove,
between Barnegate and the Easternmost parts of this province, without any exception
° "2nd That the said persons and company shall have free liberty to bring on shore,
at any convenient place or places within the bounds and limits before mentioned, all
such whales or great fish as they shall find, kill or take, and to erect huts or cabines
on any person's land by the water side, upon occasion, for their better preservation of
the said whales or great fish, and trying them for the making of oil, or curing other
fish they shall take: Provided they do not trespass upon Cornfields, nor do damage to
the Stock or Cattle of any such persons, upon whose grounds they shall come."
Srdly. Extends the limits of the charter to three years.
4thly. That, for the encouragement of the said persons and company m the prosecu-
tion of this design, I doe promise and grant unto them, in case Staten Island falls
within this government, some convenient place or tract of land upon the said Island,
near unto the water side, fit for the settlement of a town or societie, to consist of
twenty four families; and that they shall have a competent proportion of land allotted
to each family, or lott with meadow ground, as well as planting land and free com-
monage, upon the island, each family or lott to pay a quit-rent to the lords proprietors'
their heirs or assigns, one bushel of wheat yearly.
Same book page 52] "License to John Timerson, ferryman between Bergen, Comunipa,
January 18, 1672 j and New York, with rates and conditions, as was formerly granted
to Peter Hirtfelsen.
Same book page 152] "License to Joseph Huet and others, to take whale &c. within
February 14th, 1681 J the same bounds as was granted in page 22.
Minutes of Board of Proprietors
A. B. page 13.
At a meeting and council of the proprietors & proxies to proprietors of the
province, 15th May, 1685,
Present, the Deputy Governor &c.
Petition from John Palmer, Esqr. to have a pattent for the lands he has had and
taken upon Statten Island, upon consideration thereof, and that it may be of no ill
consequence, but rather of service, in our claime to that Island, it's agreed and ordered,
that the Governor and councill may make a pattent of the ground to him.
Book A page 185 ] Patent from the proprietors of East New Jersey, to John Palmer, of
May 26th, 1681 J Statten Island, within the said province, Esqr. " all that his capital
messuage or dwelling house, with the appurtenances, situate, lying and being on the
north side of Staten island aforesaid, within Constable's hook, near the mill creeke
lately erected and built by the said John Palmer, and in the possession of the said
John, or his assigns; and that other parcell of land," &c.
Book C. 2 commissions ]
page 1st, August 4th \ Charter to the City of Perth Amboy, by Governor Robert
1718. Hunter, describes the bounds as follows: " Beginning upon
the north side of the Raritan river, by the upper corner of that called Peter Souman'a
land, and by the lower corner of that now in the possession of James Moore, of Wood-
bridge; thence extending, on a straight line, as said Moore's land goes, to land now
possessed by one John Veal; thence, continuing upon a direct line to the South west
corner of David Herriots land, and so extending along by said Herriot's land, to the
southwest corner thereof; from thence, extending on a straight line, to the southwest-
erly corner of the land lately in the tenure and occupation of John Carhart, formerly
one Henry Lefsendies, and so along the line thereof, easterly, as it goes to the meadow
or marsh on the north side of a gully where water generally runs; thence, extending
on a direct east line, through the marsh and sound, to low water mark on the easterly
side thereof; from thence running down the sound southerly, as far as the southern-
most point of Statten island; from thence, in a direct line, to George Willocks planta-
tion called Rudyard's and joyns by a creek to that plantation of late belonging to
Andrew Bowne, deceased; thence, extending along the lines of said Bowne's land,
excluding the same to Matewan Creek; thence up the creek, to a bridge thereon, where
the highway from Amboy ferry to Freehold and Middletown crosseth the same; thence,
extending along the partition line betwixt the counties of Middlesex and Monmouth, to
Milstonbrook; thence down the said brook, to the post road; thence, along the same,
to South river, as it goes to Raritan river, and so down Raritan river (including the
said river) to high water mark on the north side thereof, to where the limits of the
said town is said to begin."
Book C. 3 page 224 ~] License from Governor Cosby to Archibald Kennedy, of New York,
January 7th 1773 J to settle a ferry in the County of Bergen, in the province of East
New Jersey, to carry passengers from thence to New York, and from New York
thither.
STATE HISTORIAN.
51
The foregoing are true extracts from the records of the proprietors of East New
Jersey, in their office, at Perth Amboy.
James Parker, Regr.
Septe'ber 10th, 1807.
" C."
Elisha Parker's warrant for 19947 acres W. 2. 16.] These do certify that Elisha
Archibald Kennedy's 10 acres A.B. 2 fo. 226.10 [ Parker duly deputed and sword,
acres in full to Archb. Kennedy. J to the intent hereafter men-
tioned, did survey for Archibald Kennedy, Esqr., a certain Island situate in Hudson's
river, in the County of Bergen, and eastern division of the province of New Jersey,
called and known by the name of Bedlow's Island, beginning at a stake standing one
chain and sixteen links distant upon a south thirty two degrees and a half east course
from a small cedar tree, growing out of the side of a bank on the south easterly side
of the said island, and from the said stake running west four chains and five links,
then north forty eight degrees and one half, west five chains and five links, then north
forty eight degrees and one half, west five chains and five links, then north twenty six
degrees, west three chains and five links, then north three degrees and a half, west
seven chains and three links, then north four degrees, east one chain and seven links,
then south eighty two degrees, east, six chains and sixty seven links, thence south
forty seven degrees and a half, east four chains and fifty five links, then south fifteen
degrees and a half, east four chains and fifty five links, then south fifteen degrees and
a half, west four chains and five links, then south fourteen degrees and a half, west
six chains and forty links, to the beginning (at one chain and ten links of the last
course, the house bore north seventy degrees, west at one chain and twenty one links
distant) containing eleven acres and forty two hundredths of an acre, strict measure,
which after allowance, is to remain for ten acres and nine tenths of an acre, to which
the said Archibald Kennedy is entitled, by virtue of a deed to him from Elisha Parker,
for the said quantity of ten acres and nine-tenths of an acre of land unappropriated,
dated the eighteenth day of February, 1746,7, and recorded in Lib. A. 73.2 f. 226 to grant
which the said Elisha had right in part of his warrant from the Council of proprietors
of the eastern division of New Jersey, aforesaid, for 199 47/ acres of land, dated the
21st May, 1744 and recorded in lib. W. 2 f. 16. Witness my hand, this nineteenth day of
February, 1746.
James Alexander, Surveyor General.
The foregoing is a true copy from book S. 2. page 169, in the office of the proprietors
of East New Jersey, at Perth Amboy.
James Parker, Register.
September 10th, 1807.
" E."
AFFIDAVIT OF CORNELIUS VAN VORST IN REGARD TO HUDSON RIVER FERRIES.
Bergen County SS:
Cornelius Van vorst, of Ahasemus, in the County of Bergen, being duly sworn,
deposeth and saith, that he is now in his Seventy ninth year of his age; that he was
born where he now lives, and has resided at Ahasemus ever since his birth; that this
deponent has been acquainted with the shore on the west side of the Hudson river, and
what is now called New York bay, ever since he was a boy; that this deponent has
known that the inhabitants of the Town of Bergen have uniformly exercised the right
of Oystering and fishing in the Hudson river and bay aforesaid, ever since his
recollection; and that the inhabitants of Bergen have also exercised the right of setting
fykes upon the flats, and of increasing their extension from the shore into the river or
bay, from year to year and that this deponent has also set fuyke fences, oystered and
fished in the said river and bay, and upon the said flats: and this deponent further
saith, that he never knew of any of the people of New York exercise the right of
setting fuyke fences upon the flats, or on the west side of Hudson's river or bay,
aforesaid, within the limits aforesaid, excepting one person about two years ago, who
this deponent understood had set a fuyke fence between the two islands, but of this,
this deponent hath no certain knowledge. And this deponent further saith/, that when
he was a boy, he understood from the old inhabitants of Bergen, that it had been the
practice at the town meetings of the corporation of Bergen, they appointed certain
officers whom they called water bailiffs, whose particular duty it was to apprehend
offenders upon the waters within the said township, which were considered to include
those from the western shore of Hudson's river, and west of the bay, aforesaid, to the
deep waters in said river or bay. That this deponent understood that Jacob Van Horn
and Minard Garribrants were two of the persons who held the said office of water
bailiff — and that the said bailiffs did frequently apprehend persons belonging to the city
of New York, oystering upon the flats, and bring them before the authority then in
Bergen. And this deponent further saith, that he never understood that any legal
measures were taken, by the persons from New York, thus apprehended, in defence of
the right; but this deponent was informed, that after sometime, a number of the people
of New York came over, armed with muskets and drove off the said bailiff: And this
deponent further saith, the records of the annual proceedings of the corporation of
Bergen, of the years of which this deponent now speaks, have been lost or
destroyed. And this deponent further saith, that he established the present ferry - at
Jersey (then Paulus hook) about forty years ago; that he built a dock and ferry stairs,
for the accommodation thereof, into Hudson's river beyond low water mark; and that
no objections were then made by the people of corporation of New York, for his so
doing; that since the first establishment of the ferry aforesaid, he has extended the
ferry stairs and dock, further into the Hudson's river, and no objections were then
52 ANNUAL REPORT OF THE
made bv the people or corporation of New York, for his so doing. And this deponent
Srthei -said! the Weehawk ferry has been established ever since the memory of this
deponent; and that the ferry at Hoboken, has been established nearly as long as the
ferry at Paulu's hook; that the ferry stairs and dock, as well at Weehawk as Hoboken,
have for many years been extended beyond low water mark, into the Hudson's river,
and that this deponent never heard any objections made thereto, by people or corpora-
tion of New York or any difficulty suggested on Account thereof- And this deponent
;urther saith, that a few years since, how many the deponent cannot now recollect, but
since Mr Verdyne Elsworth first came to live at Paulus hook, a certain William Sloo,
as this deponent understood, came over from New York, by direction of the corporation,
and cut the nets of some of the people of Bergen, and set them adrift, and went to
fishing himself; that the said William Sloo was prosecuted before Daniel Van Ruyper,
Esqr of Bergen by the persons injured, and judgment obtained for their damages, and
execution issued thereon, and the nett taken by virtue thereof and carried into Bergen
where it remained a few days, when this deponent understood the said Sloo came over,
bv order of the corporation, and paid the damages and costs, and took away the nett.
And this deponent further saith, that the next season after the before mentioned
transaction took place, one alderman and two assistants of the corporation of New
York came over to this deponent, and asked permission to fish for the use of the
alms "house which this deponent permitted them to do; since which this deponent does
not recollect that any interference has been made, by the corporation or people of New
York with the right of fishing of the people of Bergen, nor have they since requested
permission to fish, to this deponents knowledge; but this deponent believes that the
people of New York as well as from some parts of Jersey, have practiced oystering
upon the flats, and in the Hudson's river, and New York bay. And further this
deponent saith not.
Cornelius Van Vorst.
Sworn before me this 26th
Sept. 1807. Philip Williams Noty Pub.
And whereof an act being required, I have granted the same under my notarial form
and seal at the town of Jersey, the day and year above written.
Philip Williams, Not. pub.
THE NEW YORK COMMISSIONERS REFUTE CERTAIN STATEMENTS.
Extract from the Duke of York's deed of confirmation to the Twenty four proprietors,
dated 14th March 1682.
(Recital)
And whereas upon a petition made, &c. between, &c. did bargain, sell, &c., unto Sir
George Carteret, his heirs, and assigns, all those easterly parts &c. of the whole tract
&c. extending eastward and northward along the sea coasts and the river called Hud-
son's river, from the east side of a certain place or harbor, lying on the southerly
part of the same tract of land, and commonly called or known in a map of the said
tract of land, by the name of Little Egg Harbour, to that part of the said river, which
is in forty one degrees of latitude, being the northernmost part of the said tract of land
and premises, which is bounded by the said river and crossing over from thence, in a
straight line, extending from that part of Hudson's river aforesaid, to the northernmost
branch of Delaware river and to the most northerly point or boundary of said entire
tract of land, and premises now called North Partition Point, and from thence &c
" Now these presents witness, &c his royal highness the duke of York &c hath granted
&c unto &c all that part, share &c by the name of East New Jersey, &c together with
all islands, bays, rivers, waters, forts, minerals, quarries, royalties, franchises and
appurtenances whatsoever, &c " as also the free use of all bays and waters leading
into or lying between the premises^ or any part of them, in the said parts of East
New Jersey, for navigation, free trade, fishing or otherwise."
"And these presents further witness &c that for the better enabling the said Earl of
Perth, &c their heirs & assigns, to improve and plant the premises with people, and to
exercise all necessary government there, &c. hath likewise given, &c. to the said earl
of Perth &C. their heirs and assigns, proprietors of East New Jersey &c. all and every
such and the same powers, authorities, jurisdictions, governments and other matters
whatsoever, which, by the said respective recited Letters patent or either of them, are
or were granted, or intended to be granted, to be exercised by his said Royal highness,
his heirs, assigns, deputies, officers or agents, in or upon or in relation unto the
premises hereby confirmed," &C.
Gentlemen, In answer to the two first questions you have submitted to us, we say,
that as the grant from the Duke expresses the Southern boundary, by the main ocean,
and the eastern by the main sea, it is to be presumed that these terms, though they
frequently have the same, yet as used in the grant, were intended to have, different
significations, and which accords with the fact, the bay between Sandyhook and the
Narrows, may be denominated sea, but to denominate it ocean, would be a forcible mode
of expression which the occasion only might perhaps tolerate.
The waters between New Jersey and the western shore of Staten island is certainly
neither river nor Creek, in the strict and most correct use of the terms, but is what
its present name properly imports, a sound, which is> an arm of the sea, being a
passage, and in that sense may be considered as sea; and it appears that the instant
the question occurred, whether the appellation of river or sea was to be applied to it,
the latter was preferred as the more proper, and the error in the previous Indian deed
corrected in the subsequent formal grant by the government accordingly.
STATE HISTORIAN. 53
Kill van Kull, considered as a continuation of the passage by the sound to the bay
between Staten island and Long Island, may also be denominated sea, and at the same
time, when considered as the passage between the bay and the Achtur Kull, or Buck
Kill or bay, now Newark bay, it may be also denominated the Kill, and so the Kill of
the Kull. The Dutch word Kill, has been used in this country without any precise
or definite meaning, as will be perceived when it is mentioned, that the Mohawk river
was called the Maquaas kill; the passage between the Hudson and Haerlaem rivers,
round the northern point of Manhattan island, was called Spyt den Duyvel kill, and
Newtown creek, an arm of the East river, dividing the Counties of Kings and Queen's
on Long Island for some miles, and no stream issuing into it, or passage from it, was
called Mispat kill; so that the sense in which it is to be understood, must always be
according to the subject matter. It will, however, be perceived, that Kill van Kull is
wholly without the question: for if the boundary is to pass through the sound and not
through the Narrows, then it must of course pass down through Kill van Kull, from
the mouth of the Hudson; and if the line is to pass through the Narrows, then Kill
van Kull and it can have no possible relation to each other; so that either way the
enquiry, whether Kill van Kull is to be declared an Arm of the sea, or a river, or a
creek is useless.
That the mouth of the Hudson is at its confluence with the East river, we might
merely refer to Vander Dpnck, and to the statement we have delivered, that such has
been the common conception in regard to it hitherto; but in addition thereto we con-
ceive ourselves warranted in asserting, that so it exists in nature, though at the same
time, we admit, that for legal or artificial purposes, and such as right and justice would
require, the river itself might constructively be considered as commencing, not only
at the narrows, but even at Sandyhook, the entrance into it from the ocean.
As to the objection that the course of Kill van Kull is East and West, and that the
waters of Raritan bay, as you denominate it, extend westerly from Sandy hook, so that
the kill would form a southern, and the bay a northern, boundary, we answer, that
supposing the ocean to be the southern boundary, then a line from Sandy hook along
the shore of Raritan bay, through the sound and Kill van Kull, and up the Hudson to
the degree of latitude, we conceive may with propriety be denominated the eastern
boundary, notwithstanding deviations of some of the curvatures, or courses and dis-
tances, in it from its general northerly and southerly direction.
In answer to the third question, we would mention, that we do not know, neither
have we any reason to believe, the distinction you surmise between the grants by the
duke before, and those by him after, he came to the crown has ever been obtained;
referring therefore, again to the subsequent special grant, which have been, and still
continue to be, made for the soil below high water mark, as proof or example, we will
only further state, Jhey have all taken place, without discrimination, as it respects
the prince or persons from whom the grants for the adjacent upland were obtained, and
proceed on one uniform, assumed principle, that the grants for the upland are within
the prerogative rule of construction.
We are, Gentlemen &c
L'Hommedieu, Jones, &c
To Aaron Ogden, & others
Oct. 2, 1807.
NEW YORK SUBMITS A FURTHER STATEMENT IN WRITING.
Gentlemen, We have delivered to you a written answer to your observations on the
question relative to the construction of the grant from the Duke of York to Lord
Berkeley and Sir George Carteret, and you have submitted certain propositions to
illustrate and prove the general proposition, that the jurisdiction of New Jersey must
be coextensive with its natural territories, as understood by the laws of nature and
nations, accompanied with extracts from a number of persons, which we have perused
and considered, and thereupon find ourselves under the necessity of making a further
statement in writing, previous to the intended verbal conference between us.
We have already stated in effect, that we conceive the subject of the present reference
to be a question of boundary and resolving itself into three questions.
Whether New Jersey is to be restricted to high water mark? Or whether she is to
extend to low water mark? Or whether she is to extend to the channel? All depending
on the above grant, construed, as if it had been immediately from the king. Hence it
will be perceived that we do* not conceive the right of New Jersey to use the waters
in question, separated from her claim to boundary and jurisdiction, as in controversy.
On the contrary, we do not suppose ourselves authorized much less held, to contend
for a right in New York to appropriate the use of those waters to her own inhabitants,
or, as it is usually expressed citizens, to the exclusion, or in any manner to the pre-
judice, of the citizens of any other state.
In answer to the suggestion, that, by the grant, the right of government, or as we
have expressed it, the right of jurisdiction passed with the soil to the New Jersey
proprietors, and the difference thereby occasioned as to the presumed intent of the
parties, or in other words, as to the construction of the grant, we would state, that
the grant is wholly incompetent in terms to create or convey a right of jurisdiction.
It contains no words of grant more operative than are to be found in every other grant
54 ANNUAL REPORT OF THE
from the duke, and to refer particularly to the grants for the township of Haerlaem, or
Manhattan Island, and the township of Brooklyne, the former being bounded, for at
least ten miles, on the Hudson, Spyt-den-Duyvel, Haerlaem and East rivers, and the
latter, for at least three miles, on the East river, and yet, as to both, the land between
high 'and low water mark was afterwards granted to the corporation of New York.
As usual, it contains many words altogether superabundant, and such, as that a perfect
estate in the soil or territory, comprehending the rivers within it, would have passed
without them, and certainly none of sufficient legal import to pass a right of jurisdic-
tion. But, admitting the grant competent in terms to pass an independent right of
jurisdiction, another question still remains: Was it competent for him to pass it as
to a parcel of the territory? He doubtless might alien the territory, granted to him,
in parcels to others, but it will not thence follow, that, as to the right of jurisdiction
granted to him, there was not always to be unity, if we may so express ourselves,
even if it should at times be Vested in a plurality of natural persons, not analogous in
this respect as if it had been granted to a corporation, so that neither he nor his heirs
or assigns could pass an independent distinct right of jurisdiction to another over any
particular parcel and the general right of jurisdiction originally over the whole terri-
tory, thence forward, as to such parcel to cease; and for this obvious reason, that if a
distinct right of jurisdiction could be passed as to one parcel, it might as to more,
and there not being anything, in the original grant from the king, to limit the number,
and the territory or space granted being infinitely divisible, the several and distinct
jurisdictions, or governments, or sovereignties, however they may most aptly be
termed might be numberless. But further, there not being anything in the original
grant restraining the grantee, to whom a right of jurisdiction over a parcel of the
territory had passed, to pass to his alienee of a parcel of such parcel, and such second
alienee again, on an alienation of a parcel of the parcel aliened to him, also to pass
a right of jurisdiction to his alienee, and so on whatever may be the number of the
several successive alienations of the respective lesser parcels, ad infinitum, an aliena-
tion of the right of jurisdiction as to a parcel would defeat the grant altogether as to
the right of jurisdiction intended to be created and granted by it. The partition
between the proprietors, it is true, assumes it, that the right of jurisdiction, equally
with the territory, was partible, the government over each moiety becoming thereby
distinct and independent of the government over the other moiety, and the grant or
further assurance from the Duke to Sir George Carteret, the Grandson, of the 10th
September, 1680, and under which it would seem, his executrix, the year, thereafter,
set up a claim to Staten-island, also assumes it, that on the partition, the proprietors
had ceased to hold together as well the right of jurisdiction as the territory or land,
and the duke accordingly grants to Sir George, the grandson, and in full and express
terms the right of jurisdiction over his purport, which, it was agreed between the
parties to the partition, should thereafter be called East New Jersey. We are, how-
ever, willing to wave all these questions and are ready to admit, that as soon as the
conquest of the country, from the Dutch, came to the knowledge of the proprietors
they actually estabnsned and exercised a government over the territory granted to
them, and as under a right or power contained in the grant from the Duke; that the
Government, so established and exercised by them, was recognized by the inhabitants
and the government of New York, by the duke, and by the king, and so far was a
government de jure or legitimate; but that, in another, and equally just, sense, it was
a government de facto only, as founded in mere practice under the grant, and inasmuch
as such recognition was of a government certainly not including the Oyster islands
and Shooter's island, and there being no matter, either of fact or of law, by which a
boundary could be assigned to it, immediate between those islands, and the western
shore, the recognition was virtually of government, whose eastern boundary or limit
was high water mark.
With respect to the general fact, that New York has already exercised jurisdiction
over the waters between the shores of the two states, and the fact that the mouth
of the river Hudson was at or near Bedlow's Island, the following particulars, as far
as they may be supposed to be in the knowledge of two of us, as that in the course
of the discussion, as shall assume them as proved, namely, that from their earliest
recollection there has always been a reputation or understanding that the whole of
the waters of the river Hudson, and of the bay between Staten island and Long Island,
were within the actual jurisdiction of New York; that there was not, however, any
precise reputation or understanding, either way, whether such jurisdiction extended
to high water mark, or was confined to low water mark, on the shore of New Jersey;
STATE HISTORIAN. 55
that as to the waters between Staten island and the main, there was no reputation
or understanding as to a boundary line of jurisdiction; that the Citizens of New York
and New Jersey had a like free and equal common use of the waters in question, to
take fish within the same, and for every other purpose; and that, according to the
common conception, when a vessel was below Bedlow island, she was said to be In
the bay, and when above it, in the North river.
We are Gentlemen, Yours respectfully
Ezra L'Hommedieu,
Samuel Jones,
Egbert Benson,
Joseph C. Yates.
To Aaron Ogden, William S. Pennington, James Parker, Lewis Condict, Alexander C.
McWhorter, Esqrs. Commissioners &c.
October 2nd, 1807.
NEW JERSEY TENACIOUS OF HER PRIVILEGES.
Gentlemen, Upon reading your first note, handed us this day, it has occurred to us
as proper to submit the following considerations:
1st. Whether the general question of boundary between the two states does not
involve in it the consideration, whether the high water mark, or the littus, or the
eastern side of the Hudson river, be the true and legal line of division, equally with,
the lines of division stated by you; as you will recollect in our first communication we
urge that the duke, having granted to us all the tract of land lying and being to the
westward of Long Island and Manhattan Island, gave us ground to contend that the
true intent of the grant was to invest us with the soil, or land, under the water of
that river, and the grant conveying also all rivers, fortifies this idea. And although it
may be said that the subsequent part of the grant binds us by the river, it is still
to be recollected, that if the soil under the water passed by a just construction of the
deed, no subsequent words in the same deed could defeat this right.
2nd. We are by no means satisfied with the opinion entertained in New York, that
the grants of the duke of York are to be considered as Acts of the king, or in other
words, royal grants.
3rd. We wish not to be understood that we are contending for the use of the waters
lying between the two states, merely as a common high way, which every alien friend
would possess equally with us, but that we consider them, at least to the fllum aquae,
as within pur jurisdiction, and the lands lying under them as part of the territory
and domain of the state.
4th. We apprehend it must have escaped your notice, that the powers of government
are conveyed to the East Jersey proprietors in the confirmatory grant, of 1682, in
direct and unequivocal terms, as fully as they are granted to the duke, for which we
refer you to an extract of that grant accompanying this paper and marked No. 1.
5th. As to the competency of the duke to grant an independent right of jurisdiction,
we apprehend that the proclamation of Charles the second, bearing date the 13tfr June,
1674, and also his letter of 23rd November, 1683, must have escaped your notice, in
which this right is not merely implied, but expressly recognized; extracts from which
we herewith deliver you, marked 2 and 3.
It may be a question whether at the common law, the power of creating an inde-
pendent government, could be conveyed even from the king to a subject in divided
parts to the other subjects; yet it was done, and subsequently acquiesced in by all
parties concerned in interest, viz: the duke and the king, and New Jersey therefore
became an independent colony,, de jure, as you candidly admit. A recognition by the
inhabitants and government of New York, was in no wise necessary to make this right
legitimate. It was not in this point of view alone, that we mentioned the grant of the
powers of government, but to shew that it was the intention of the duke, at the time
of the grant, to erect all the territory lying to the Westward of Long Island and Man-
hattan island, to the 41st degree of North latitude, into a Colony with the accustomed
powers of government, and that, therefore, the grant was entitled to a different con-
struction and consideration, as to the navigable waters adjoining the territories con-
tained in it, than if it had been a grant of a small tract of land unaccompanied with
such intentions.
6th. We do not admit it to be a fact, as advanced, that New York has ever exercised
the exclusive jurisdiction of Hudson's river. Nor do we think that reputation or
56 ANNUAL REPORT OF THE
common understanding will be sufficient authority to assume that fact. We think we-
are correct when we say, that the reputation and common understanding in New
Jersey, was contrary and repugnant to reputation and common understanding in New
York. Besides, West Chester County, we understand previous to the revolution, and
we presume is so still, actually bounded on Hudson's river, and as we apprehend,
could not in any view of the subject, have jurisdiction beyond the fllum aqua. It may
be true, that New Jersey while a colony, and since it has become an independent state,
hath had but little cause to exercise jurisdiction on Hudson's river, but we apprehend
that the quantum or degree of the exercise of a right does not affect the right itself.
Whenever New Jersey hath had cause to exercise jurisdiction over the wharves, docks,
ferries, fishing weirs, &c. beyond low water mark; and it is a fact, of public noto-
riety, that a man has been tried and indicted for murder, committed on Hudson' s-
river, as within the body of the county of Bergen.
We are, Gentlemen, Yours respectfully,
Aaron Ogden,
William S. Pennington,
Alex. C. McWhorter,
Lewis Condict,
James Parker
To Egbert Benson, Samuel Jones, Ezra L'Hommedieu, Joseph C. Yates, Commission-
ers &c., October 2nd, 1807.
NEW JERSEfY's SOVEREIGNTY INVOLVED.
Gentlemen, Arms of the sea and navigable rivers, are subject to a jus publicum or
jus privatum, and a jus regium.
To this last right singly we meant to apply the propositions arising from the
sovereignty of New Jersey, as distinct from all other considerations we heretofore had
laid before you. We meant expressly to exclude, under this head, all questions of right
or title to territory or property, as arising from the duke's grants, and to confine-
ourselves merely to the jus regium.
Under this explanation, we beg you to consider our communication of the 2d instant,
in reference to this particular right. If it be true, as heretofore stated, that the crown,
exclusively, exercised the jus regium (being one of the regalia) in virtue of its preroga-
tive through the agency of the lords commissioners of trade and plantations, independ-
ent of parliament, or any colonial assembly, it seems then to follow, that the right-
exercised by New York, of which you speak, of your own knowledge, before the
revolution, must have partaken of the jus publicum and jus privatu, only, and can
have no reference to the jus regium, which we presume was never out of the Crown,
while her king was our sovereign.
Suffer us here to refer to the many instances of the exercise of the jus publicum and
jus privatum by New Jersey, which we have before enumerated, most of which have
been within 'our actual knowledge and observation.
The king as stated by you, was the sovereign, and a component part of the
government of New Jersey, as well as of New York and Great Britain, at the time of
the revolution; whence the conclusion appears to be necessary, that the jus regium,
theretofore, exercised by the king over the shores and adjacent waters of that part of the
realm called New Jersey, must have materially devolved upon the sovereignty estab-
lished in New York.
It is submitted to the gentlemen of New York, under this view of the subject, whether
the evidence to which they referred, of the jurisdiction d facto, since the revolution,
is of such remarkable facts, as can in any way amount to that immemorial usage or
prescriptive right, spoken of in public law, and which would oust New Jersey from all
kinds of sovereignty and empire, in and over its shores, and adjoining waters,
provided she had acquired such sovereignty by the assertion and vindication of her
independence.
In respect to the communication we received this morning, we shall only observe,
that the terms eastward and northward along the sea coasts and the said river, called
Hudson's river, manifestly means but one general course between East and ' North,
according to the fact, as appears by the map, and the common acceptation of the
meaning of the terms, eastward and northward, and not two different courses, which
would be contrary to the fact and known signification of those terms.
STATE HISTORIAN. 57
Besides the course from the South partition point in the quinti parti deed for West
Jersey, referred to by you, is said to extend, southward, westward and northward,
Along the sea coasts and Delaware bay and river; whereas, according to your construc-
tion of that deed, the first course given would evidently have been westward, and not
.southward. We are, respectfully yours,
Aaron Ogden,
William S. Pennington,
Alexr. C. McWhorter,
James Parker,
Lewis Confict.
To Ezra L'Hommedieu, Samuel Jones, Egbert Benson, Joseph C. Yates, Commis-
sioners &c., October 5, 1807.
NEW YORK ADVANCE'S A STRONG ARGUMENT.
Gentlemen: We have attended to the propositions contained in one, and to the ques-
tions in the other, of your communications of the 2nd Instant.
The propositions, when considered as in the abstract, and with some explanations
or modifications, which we are persuaded you would admit as requisite to render them
more definite, probably would not be disputed by us; but we do not perceive how they,
•or the authorities you cite, can serve as a rule or a law whereby to decide the
questions between the two states, which is a question of right or title to territory,
•comprehending not only the land, but also water, and the land covered with it, and of
right or title both to the jurisdiction and the property, and arising on a grant or
transfer of jurisdiction and property, made as under the law of England the same law
by which a former question of boundary, arising on the same grant, and between the
same parties, was decided: We cannot, therefore, consent to resort to the law of
nature and nations as a rule of decision. The case however would from necessity be
remanded to its proper forum; the law of nature and nations being as you have
-stated, " that where two nations border each on a navigable river, unless some reason
of preference can be shewn, the jurisdiction of each extends to the middle of the river,"
and the reason of preference alleged by New York, being a better right or title by
possitive law. But if we were to consent to leave the question to be decided according
to the law of nature and nations, and assuming the facts, that New York and New
Jersey began to exist as distinct, independent governments or sovereignties at the
same instant; that coeval therewith, and for the period we have stated, New York has
interruptedly, and without any claim by New Jersey, actually exercised or possessed
the jurisdiction over the waters in question; surely the judgment of the law of nature
and nations, such possession or prescription would of itself be sufficient, and that peace
among civilized nations would accordingly require that New York should be declared
to be at peace, as to that portion of her territory. And here we take occasion to
repeat, that the fact as to the possession of the jurisdiction, is so in our own
knowledge, that it would not be possible to surrender the belief of it, no more than it
would be, if we may be tolerated in the expression, a belief arising from the evidence
of our senses, whoever might be witnesses, and whatever the number of them, testify-
ing differently, and especially if weak and immediately interested, and, although
upright, yet perhaps not sufficiently guarded, or capable to distinguish between their
thoughts and their wishes.
The individual act of Mr. Kennedy, in 174G, in purchasing a propriety right, and
liaving Bedlow's Island, which he then held under the New York title, surveyed on it,
is certainly not only no proof of an interruption of the possession, but we suspect the
transaction may be explained, when it is recollected that he was, at the time, owner
of some land at Ahasimus, on the opposite shore of New Jersey, bordering on the river,
and it was, therefore, not unnatural for him to reason, as it appears the council of
proprietors did on the application of Palmer, for a title also from them, for his estate
on Staten Island, " that it would be of no evil consequence, but rather of service to
.any claim," which he might thereafter be minded to make to the water, or to the soil
under it, in front of his land at Ahasimus.
The fact you state, as of public notoriety, " that a man has been indicted and tried
for a murder committed on Hudson river, as within the body of the county of Bergen,"
has never before come to our knowledge. On enquiry, we find, that the question,
whether the place was within the jurisdiction of New Jersey was raised, and was
-expressly reserved; that the trial proceeded, and the prisoner was acquitted, the proof
58 ANNUAL REPORT OP THE
not being sufficient, and that it was so recent as within the last two years; and further
the proceedings were wholly unauthorized even, by the law of New Jersey; for suppos-
ing the State to have the jurisdiction below high water mark, and to any distance
which may be contended for, no part of such distance or space is within the County
of Bergen, its eastern boundary being thus described in the statute, " for dividing and
ascertaining the boundaries of the Counties," and passed as early as in 1709-10, " to
begin at Constable's hook, and so to run up along the bay and Hudson's river, to the
partition point between New Jersey and the province of New York."
In a former communication, we mentioned that Kill van Kull was to be considered as
a continuation of the sound, and from the above Statute we have discovered that it
has always so been considered, the boundary of the county of Bergen, from where it
comes to Pequaneck river, being thus described, " and to run down the said Pequaneck
and Passaick river to the sound, and to follow the sound to Constable's hook where it
began."
As to the intimation, that the Duke having granted to Lord Berkeley and Sir George
Carteret, " all that tract of land lying and being to the Westward of Long Island and
Manhattan island, that therefore the high water mark, or littus, on the eastern side
of the river Hudson might be considered as the true and legal line of division," and
which, if intended in your first communication to us, escaped our notice, we briefly
answer, that the grant is expressed in terms in our view, materially different from
them as cited by you. It does not grant all the land Westward of Long Island and
Manhattan Island, but " all that tract of Land adjacent to New England and lying and
being to the Westward of Long Island and Manhattan Island, and bounded &c. The
tract intended to be granted, is designated in general terms, as being adjacent to New
England and westward of Long Island and Manhattan Island, and finally described
by special or definite boundaries. If the designation had finished with the first member
of it, adjacent to New England, then perhaps the whole of the territory which the Duke
held, except the eastern territory, expressed in the grant to him, to be a part of the
main land of New England would have passed. If it had finished with the second
member of it, Westward of Long Island and Manhattan island, and if the grant itself
would not then have been void for uncertainty, we can suppose the Western shores of
Long Island and Manhattan Island, would have been its eastern, and the Eastern shore
of the Delaware, its western boundary; but we cannot imagine a rule or principle, by
which northern and southern boundaries would have been to be assigned to it. When
the description, however, assigns boundaries to it, by special and definite terms, as to
be distinguished from, or contrasted with, the preceding general terms, they are to
restrain the general terms, and confine them to their function, which was only, an
exabundanti, to mention the tract in relation generally to its proximity to New Eng-
land, and its bearings from Long Island and Manhattan island; so that we conceive
that the question, what is the eastern boundary intended in the grant, as far as it may
depend on the terms of the description, must wholly depend on the latter or special or
definite terms alluded to, and without any reference to the preceding or general terms.
The consideration, that New Jersey is an independent sovereign state, does not, in our
view, affect the question between the two States. She was always so as against New
York, both de facto and de jure; and on the principle of the American revolution she'
was always de jure as against Great Britain, with this exception, that the Prince
possessing the British crown, for the time being, was her sovereign, entitled to and
exercising the like powers and prerogatives as in Great Britain, and of consequence in
whom the supreme executive power was vested, and to whom, as possessing especially
the fecial powers, as they are sometimes termed, the powers of peace and war, the
duty of allegiance was due; with whose concurrent agency in her legislature she could
raise armies; maintain Navies; regulate commerce and navigation; lay and collect
duties on imports and exports and tonnage on vessels; naturalize foreigners, coin
monies, and assert and vindicate her rights as to her boundaries, and which she
actually did as to her northern boundary; except the last, however, all the rights or
powers here enumerated, the indicia of sovereignty, she has, equally with the State of
New York, and every other state in the Union, delegated or ceded to the general
sovereignty of the United States, and is now perhaps more to be likened to a corpora-
tion with certain powers, none more plenary than that of life and death for breaches of
her own internal peace, and is in no otherwise independent than as he holds such
powers independent of the general sovereignty, but still at the will of the legislatures
or conventions of three fourths of the States.
STATE HISTORIAN. 59
Neither will will any supposed change in her condition, by the revolution, vary the
case. The parliament or legislature of the mother Country claimed a right to pass
laws binding on colonies. The Colonists claimed to be entitled to the like rights with
their fellow subjects in Britain, not to be bound by laws to which they did not assent,
or in effect to be sovereign, or independent of the parliament. Attempts were made to-
define the nature or extent of the sovereignty to be enjoyed or retained by the colonies,
or to establish a fundamental between the parliament and them, and they to remain
members of the empire, thereby to preserve the unity of it, all of which failed, inas-
much as they would only have terminated in the incongruous and futile mode of
government, an imperium in imperie, and their being no alternative between and abso-
lute submission to the will of parliament, and so the empire remains entire, and an
absolute independence of such will, although thereby a severence of the empire, the
colonists resolved on the latter.
The parties appealed to arms, and the reigning prince taking a part against the
colonists, they declared themselves absolved from their allegiance, and the relation
of sovereign and subject between him and them ceased. Such is the simple principle
of the American revolution. The question was limited as to the parties, it being
between the Parliament and the colonies, and not between the colonies themselves, and
also as to its subject, it being a mere legal question arising on the British constitution.
We, therefore, conclude, with stating, that the doctrine of any one of the states
acquired, as against any other of them in consequence of the revolution, any terri-
torial rights, or an enlargement or extension of territory, is inadmissible.
We are, Gentlemen, &c.
Ezra L'Hommedieu,
Samuel Jones,
Egbert Benson,
Joseph C. Yates.
To Aaron Oliver, William S. Pennington, James Parker, Lewis Condict, Alexander C,
McWhorter, Esquires, October 3, 1807.
UNCERTAINTY AS TO NEW JERSEY'S SOUTHERN BOUNDARY.
Gentlemen: A recurrence to the grants from the duke does not enable us to find
where he expresses the southern boundary to be the main sea. In the release of 1664
Berkeley and Carteret, his description of the boundaries of New Jersey, is as follows,
viz: bounded on the East, part by the main sea, and part by Hudson's river, and hath
upon the west Delaware bay or river, and extendeth southward to the main ocean, as
far as Cape May, at the mouth of Delaware bay; and to the Northward, as far as the
northern most branch of the said bay or river Delaware, which is forty one degrees
of latitude, and crosseth over thence in a straight line to Hudson's river, in forty one
degrees of latitude." In his deed of confirmation " to the twenty four proprietors of
East New Jersey, of the 14th of March, 1682, is the following description: "All those
easterly parts or shares, and portions, of the said whole and entire tract of land and
premises before mentioned, extending eastward and northward along the sea coast
and the said river, called Hudson's river, from the east side of a certain place or
harbour, lying on the southerly part of the same tract of land, and commonly called
or known in a map of said tract of land, by the name of Little Egg harbour, to
that part of said river called Hudson's " &c.
Besides, the map of New Jersey manifestly shews the ocean to be the longest
part of its eastern boundary line, and that the course of the sea coast is almost
north and south from Little Egg Harbour, and is as directly so as the Hudson river
itself; whence it seems to be manifest, that the duke of York did not intend to use
the term main sea in a different sense from the synonimous term, ocean, but accord-
ing to the real fact of the case, that is to say, the ocean lying on the eastern
boundary, agreably to the common and legal acceptation of the main sea. That we
are ready to admit that the Raritan bay, the Sound, and Kill of the Kull, may be
well denominated arms of the sea, which may be said to extend from the fauces terra,
as far as the tide ebbs and flows.
But we do not perceive any necessity to depart from the express terms of the grant
and leave a direct northerly course through the Narrows, which is equally an arm
of the sea, in order to deviate to a westward course round Staten Island, which
instead of effecting any mainfest intention of the duke of York, seems directly con-
trary to it, if any meaning is to be collected from the description of the course as
60 ANNUAL REPORT OF THE
being north, and the situation of the land, as lying Westward of Manhattan's Island
and Long island, and not as lying westward of Manhattan's island and Staten island,
which otherwise would have been his mode of expression.
We cannot, as yet, perceive why the common law construction of the Duke's
grant, which is manifestly according to his real intent, (should in a discussion like
the present) be given up in order to let in a narrow prerogative construction, which
is defined to be " law in case of a king, which is not law in case of a subject ",
which construction, if carried to its extent, under the arguments which have been
delivered to us, deprives New Jersey of all jurisdiction on her shores lying adja-
cent to Delaware river, Delaware Bay, the main sea, the Raritan bay, the Sound
and the Kills, and from thence to the 41st degree of latitude, on the Hudson's river.
We are gentlemen,
Yours respectfully,
William S. Pennington,
Aaron Ogden,
Alexander C. McWhorter,
James Parker.
Lewis Condict.
To Ezra L'Hommedieu, Samuel Jones, Egbert Benson, Joseph C. Yates, Commis-
sioners, October 3rd, 1807.
THE DISPUTE OVEiR THE SOUTHERN AND EASTERN BOUNDARY OP NEW JERSEY.
Gentlemen: Although it probably was understood, that those interchanged on the
3rd Instant, were to close the written communications between us, you will permit
us in answer to one of your's received since, briefly to state, that we have been
misconceived, if it is to be supposed that we considered the expression main sea,
in the grant from the duke, as denoting its southern boundary: on the contrary,
we contend that sea and ocean, as they stand in the grant, are to receive different
significations and that the ocean is its southern, and that the sea forms a part of its
eastern boundary, and this interpretation is confirmed by the partition deed between
the proprietors, in 1676, and the two subsequent grants or confirmations from the
duke, of the 10th Sept. 1680, and the 14th March, 1682, on which the boundary of
East New Jersey, from Little Egg harbour to the degree of latitude on the Hudson,
is described, as " extending eastward and northward along the sea coast and Hudson's
river ", and which, by the familiar process of reddendo singula singulis, and to that
end, transposing the words, may be made to read, " extending eastward along the
sea coast and northward along Hudson's river ", and then, as it respects the eastern
boundary, a case, of the nature we have in a former communication suggested, would
arise, in which the Hudson ought constructively to be construed as commencing at
Sandy hook; one thing is assuredly evident, that the partition deed and the two
subsequent grants suppose the course of the Coast from Little Egg harbour towards
Sandy hook to be for a distance easterly, and if for any it must be the whole
distance, there no where existing a natural boundary for such a distance, less devi-
ating from a right line, than that reach or portion of the coast. We will only add,
that the subsequent use of the term coast as a synonims of ocean, scarcely to be
conceived applicable to a bay or arm of the sea, is decisive, that our interpretation,
as to the different senses in which the terms ocean and sea are used in the grant,
are to be received, is correct. We are Gentlemen, &c.
Ezra L'Hommedieu,
Samuel Jones,
Egbert Benson,
Joseph C. Yates.
To Aaron Ogden, William S. Pennington, James Parker, Lewis Condict, Alexander
C. McWhorter, Esquires. Commissioners, October 5th, 1807.
(Here a verbal conference of some hours took place between the Commissioners
on both sides.)
NEW JERSEY CLAIMS ITS EASTERN BOUNDARY L!NE RUNS THROUGH THE NARROWS.
Gentlemen: After mature deliberation and due attention to the written communica-
tions that have passed between us, in our late discussion, we are of the opinion, that
according to the terms and manifest intention of the Duke of York, in his several
STATE HISTORIAN. 61
grants to Lord Berkley and Sir George Carteret, and their assigns, that the eastern
boundary line passes through the Narrows, and not through the Sound and Kill van
Kull; and further, that in virtue of these grants, as also of the sovereignty of tte
State of New Jersey, this boundary line extends us— que ad fllum aquae, or the midway
of the river Hudson, or the waters lying between the shores of the two respective
states.
We have to request from you a like explicit opinion.
Should the opinion of the respectiveboards of Commissioners of New York and New
Jersey be, unfortunately, different on the foregoing points, then we have to enquire,
whether there might not be an accommodation line, different from that which may
have been expressed in either of our opinions, and so as to suit the mutual and respec-
tive convenience of the two states. We are Gentlemen, &c.
Aaron Ogden, William S. Pennington & others.
To Ezra L'Hommedieu & others, 6 Oct. 1807.
NEW YORK REFUSES TO SURRENDER STATEN ISLAND TO NEW JERSEY.
Gentlemen: In answer to your Note of this day, we can only say, that such are the
facts, and such, to our minds, have appeared the reasoning from them, that we tave
not been able to persuade ourselves otherwise, than that New Jersey cannot claim
Staten Island, or below high water mark, of the waters between the shores of the two
states.
The citizens of all the states in the Union have the benefit and use of the navigable
waters within the jurisdiction of New York, in common and equally free with her own
Citizens and the citizens of New Jersey may avail themselves of her existing general
provisions for gratituous grants, to the owner of the adjacent land, for land below high
water mark; still any proposition from you, on the ground of consulting the mutual
and due convenience of both the States, specifying or defining a line within which New
Jersey is to have the jurisdiction free in future from the claims of New York, to the
end that her citizens may then have a benefit of use, without unreasonable detriment to
others, or apprehensive of evils of a public or general nature, and which they cannot
have if the jurisdiction of New York is to extend over the whole of the waters in ques-
tion, it will receive our deliberate, and we trust unprejudiced consideration. At the same
time it is submitted, whether, inasmuch, as already with respect to the laws of quaran-
tine, and as the period is approaching when, in every other respect, a strict, and of
course, an expensive police force will be requisite over the waters in the vicinity of
the city of New York and that, in order to its being effectual, it must be coextensive
with the waters themselves, it will not behove both parties to proceed with caution in
a measure of much magnitude, and not to be foreseen in all its consequences.
Ezra L'Hommedieu,
Egbert Benson,
Samuel Jones,
Joseph C. Yates.
To Aaron Ogden, William S. Pennington, James Parker, Lewis Condict, Alexander C.
McWhorter, Esquires, October G, 1808 [7?]
NEW JERSEY OFFERS A CONCESSION.
Gentlemen: Being so unfortunate as to differ on the question of right, and you
having cast back on us the necessity of making proposals for accomodation, we
would ask whether it would accord with your views (should the State of New Jersey
relinquish her claim to Staten Island) to run the line of jurisdiction between the two
states, from the middle of Hudson's river, in the 41st degree of 'north lattitude, down
the middle of said River and New York bay, through the kill of Kull and the Sound
but so as to have the Small or Oyster Islands, within the jurisdiction of New York.
We are, Yours respectfully,
Aaron Ogden,
William S. Pennington,
James Parker,
Lewis Condict,
Alexr. C. McWhorter
To Ezra L'Hommedieu, Samuel Jones, Egbert Benson, Joseph C. Yates, Esqrs.
Commissioners, October 6th, 1807.
62 ANNUAL REPORT OF THE
NEW YORK DECLINES TO CONCEDE THE MIDDLE OF THE HUDSON AS A BOUNDARY
LINE.
Gentlemen: We took it for granted, that, having declared ourselves definitely against
the admission of the claim of New Jersey, as founded in right, than propositions
of accomodation, if any, were to originate on her part.
We cannot accede to a proposition by which the middle of the river Hudson, for
any distance, shall be the line dividing the jurisdiction.
We are, &c
Ezra L'Hommedieu and others
To Aaron Ogden and others, Commissioners, 6 Oct. 1807.
NEW JERSEY SUGGESTS A DISCONTINUANCE OF NEGOTIATIONS.
Gentlemen: Understanding that no line will be agreed upon by you, on the prin-
ciple of an accomodation of differences respecting the eastern boundary of New Jersey,
and further, that you cannot consent to make any propositions to us upon this subject,
permit us to say, that we do not perceive any utility in continuing the present
discussion, unless you have some further communications to make to us. We are
very respectfully,
Aaron Ogden,
William S. Pennington,
James Parker,
Alex. C. Mc.Whorter,
Lewis Condict.
To Ezra L'Hommedieu & others, Commissioners.
NEW YORK S ULTIMATUM.
Gentlemen: We can only repeat, that a proposition of a line, having for its object
the convenience of the Citizens of New Jersey, will be received by us; & on delib-
erating on it we shall only regard the considerations we have suggested, of benefit
& use to accrue to them, of detriment others may suffer, and of evil to be appre-
hended to the whole community, and consequently we decline an accomodation on
any other grounds. We are, &c.,
Ezra L'Hommedieu and others
To Aaron Ogden & others,
Commrs. 6 Oct. 1807.
NEW JERSEY'S DIGNIFIED REJOINDER.
Gentlemen: It is not for the State of New Jersey to ask and receive benefits from
the State of New York. We have not been commissioned for any such purpose.
As the claim of New Jersey, as stated by us, has, unfortunately, failed to produce
in you a disposition to settle a jurisdictional line upon principles 6f mutual con-
cession, which principles, and not any conviction of right in New York, constituted
this basis, all further attempts towards accomodation are at an end.
We are at a loss to conjecture, whence it is that you have imbibed an idea so
wholly unworthy of us, as that we would treat for the convenience of individual
citizens, at the expence of the just rights of the State.
We are, Your's respectfully &c.
Aaron Ogden,
William S. Pennington
James Parker
Alexr. C. McWhorter
Lewis Condict
To Ezra L'Hommedieu, Samuel Jones, Egbert Benson, Jos. C. Yates, Esqrs. Com-
missioners, October 7th, 1807.
STATE HISTORIAN. 63
AN ORDNANCE AND AMMUNITION EXPENSE ACCOUNT.
Gentlemen: Herewith you will receive my account of receipts and expenditures,
pursuant to the Act for procuring ordnance and ammunition.
The castings which have been compleated and delivered, consist of ten brass three
pounders, four six pounders, four medium twelves and one provet. The residue of
the materials belonging to the State, will be cast as soon as the arrangements of the
furnace at George-Town will admit. In addition to the above, I have caused to
be purchased, one heavy brass six, and two four pounders.
Eight carriages for the three's are completed, and the remainder of the above
mentioned artillery will be mounted as speedily as possible. Two travelling forges
have been ordered to be made. A quantity of ball has been contracted for in Albany,
and the commissary for Military stores is directed to purchase an additional quantity
in New York. Should the legislature be of the opinion, that the Act above mentioned,
does not authorize the Governor to direct the casting of Mortars, it would be advis-
able to provide for the casting or purchase of at least two eight inch and ten inch
mortars. The greater cheapness and almost equal usefulness of iron ordnance, and
the scarcity of the materials for fabricating brass artillery, induce me to recommend
a. provision for procuring and equipping a number of iron eighteens and twenty-fours.
The several Captains of Artillery companies, cannot conveniently afford the expence
of erecting Gun houses for the preservation of their pieces and implements. The
loss annually sustained by the State, for the want of such houses, in the wastage,
damage and losses of the carriages, boxes, tumbrels, harness &c, suggests the pro-
priety of making a small appropriation for erecting gun-houses, in such places as
some proper officer may designate.
A recent act of the Legislature will render it necessary to remove a considerable
part of the small arms and fixed ammunition from the arsenals. The safety and
welfare of the state require a considerable supply, in lieu of those removed. It is,
therefore, submitted, whether they cannot be delivered cheaper by contracting for
considerable quantities at one time, and whether it would not be advisable to leave
to the officer authorized to purchase two thousand arms, by an Act of the last
session, and to the officer who may be directed to provide an additional supply,
the discretion of procuring arms, either of home or foreign manufacture, accordingly
as they can be obtained more speedily or upon more economical terms.
The public exigence also requires an appropriation to defray the expence of preparing
more fixed ammunition than is at present possessed by the State.
Daniel D. Tompkins
Albany, February 15th, 1808.
ANNUAL REPORT OF THE
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STATE HISTORIAN. 65
DELAWARE OPPOSES A PROPOSED AMENDMENT TO THE FEDERAL CONSTITUTION.
Gentlemen: A Letter from the Governor of Delaware, together with certain reso-
lutions of the Legislature of that State; are herewith transmitted for your considera-
tion.
Daniel D. Tompkins.
Albany, February 29th, 1808.
(CIRCULAR)
Dover, 15th February, 1808.
Sir: I have the honor to transmit you herewith a resolution of the general assembly
of the State of Delaware, disapproving the amendment proposed by the general Assem-
bly of the State of Vermont, to the constitution of the United States, so as " to
empower the President of the United States to remove from Office any of the judges
of the Courts of the United States, upon address to him made for that purpose, by a
majority of the house of representatives, and two thirds of the Senate, in Congress
assembled; " and, in obedience to the said resolution, to respect you to oppose the
proposed amendment.
I am very respectfully, Your obedient Servant
George Truitt.
His Excellency, The Governor of New York.
In the House of Representatives, January 26, 1808.
RESOLVED, by the Senate and House of Representatives of the State of Delaware,
in general assembly met, that the alteration, proposed to the constitution of the
United States, by a resolution of the General Assembly of the State of Vermont, on
the sixth day of November, One thousand Eight hundred and seven, so as " to empower
the president of the United States to remove*from Office any of Judges of the Courts
of the United States, upon address to him for that purpose, by a Majority of the
house of representatives and two thirds of the Senate in congress assembled " be,
and the same is hereby disapproved by the legislature of this state; and that the Sena-
tors and representatives, in the Congress of the United States, from this State, be,
and they are hereby requested to oppose the same alteration; and the Governor of
this State is hereby requested to transmit to each Senator and the representative in
Congress from this State, and to the executive of each State, a copy of this resolution,
that the same may be laid before the legislatures of the several States, with a request
to oppose the said alteration.
Extract from the Journal John Fisher, Clk. H Rep.
Sent for concurrence
In Senate, February 2nd, 1808 G. W. Sykes, Clk. of the Senate
Read and concurred in
A true copy— attest.
Thos. Clayton, Secretary.
VIRGINIA'S POSITION ON THE PROPOSITION.
Gentlemen: A Letter from the Governor of Virginia, together with a Resolution of
the Legislature of that State, relative to an Amendment of the constitution of the
United States, are herewith enclosed for your consideration.
Daniel D. Tompkins.
(CIRCULAR)
Richmond, Feby 22, 1808.
Sir: I have the honor to transmit you herewith, a resolution of the general assembly
of the State of Virginia, proposing that the constitution of the United States shall be
so amended " that the Senators in the Congress of the United States may be removed
from office by the vote of a majority of the whole number of the respective State legis-
latures, by which the said senators have been or may be appointed;" and to request
that you will be pleased to lay the same before the legislature of the state over which
you preside.
I am, with great respect, Sir, Your most obedient Servant
Wm. H. Cabell
His Excellency, The Governor of New York.
RESOLVED, That our senators in the Congress of the United States, be instructed,
and our representatives requested, to endeavor to obtain the following amendment to
the constitution of the United States, to wit:
" That the Senators in the Congress of the United States may be removed from Office
by the vote of a majority of the whole number of the members if the respective state
legislatures, by which the said Senators have been, or may be appointed?"
January the 13th, 1808.
Agreed to.
Robert Taylor, S. S.
Hugh Nelson, S. H. D.
A True Copy
Teste.
J. Pleasants, Junr. Keeper of the Rolls.
66
A'NXUAL REPORT OF THE
RESOLVED, That the Governor be requested to transmit to the Senators and repre-
sentatives of this State, in Congress, and to the governors of the other States, a copy
of the resolution adopted by this present general assembly, proposing an amendment
to the Constitution of the United States.
February 9th 1808
Agreed by the house of Delegates James Pleasants Junr. C. H. D.
Agreed to by the Senate Theo. Hansford, C. S.
A True Copy
J. Pleasants, Jun. Keeper of the Rolls.
THE GOVERNOR NOTIFIES PRESIDENT JEFFERSON OF THE PROVISIONS
MADE FOR THE FRONTIER BY THE LEGISLATURE.
Albany, 18 April, 1808.
Sir: The Legislature of this State at their Session which has
recently closed have directed me to deposit in certain places in
the Neighborhood of our Northern and Western Boundary four
thousand stand of arms with a discretionary quantity of ammu-
nition.* In addition to that provision and others relative to
procuring a further supply of ordnance and ammunition they
have appropriated one hundred and twenty Thousand Dollars to
aid the United States in forwarding the objects specified in the
enclosed law.
In a letter which you addressed to me on the 26th day of Jan-
uary last, you intimated that should the then existing differ-
ences be amicably settled it would be a question for considera-
tion whether a strong fort ought not to be established on the
St. Lawrence near the Northern Boundary of this State. Will
you have the goodness, to inform me, whether in forwarding that
object or any other in contemplation or which may be devised,
the appropriation in the enclosed Act can be expended by me
* Under Chapter VII of the Laws of 1808, the governor was authorized to deposit in
such place or places of the county of Genesee as he shall think fit, five hundred
stand of the arms of this State; and one thousand stand at Canandaigua, in the county
of Ontario; five hundred stand in the town of Onondaga, in the county of Onondaga;
five hundred stand at Champion, in the county of Jefferson; seven hundred stand in
Rome, in the county of Oueida; and five hundred stand at such place or places in the
counties of Essex and Clinton as he shall think fit.
STATI-; HISTORIAN. <>T
hi contributing to tin- defence of the port of New York, or in
;itt Mining the important object of extending protection and
safety to our frontier I'rethern.
From the 25 inst. to the 1st of June, I shall probably be in
the city of New York, where I shall be obliged by receiving
advice and instruction as to the application of the sums of
money appropriated by the within Act.
Be pleased to accept the assurance of my sincere regard and
esteem.
Thomas Jefferson,* President of the United States.
* Letter of Hon. Thomas Jefferson to Daniel D. Tompkins— Washington, Jan. 26, 08.
Sir, I take the liberty of inclosing to you the copy of an application which I have
received from a portion of the citizens of the State of New York residing on the
river St. Lawrence and Lake Ontario setting forth their very defenceless situation
lor want of arms and praying to be furnished from the magazines of the U. S.
Similar applications from other parts of our frontier in every direction have suffi-
ciently shewn that did the laws permit- such a disposition of the arms of the U. S.
their magazines would be completely exhausted and nothing would remain for actual
war, but it is only when troops take the field that the arms of the U. S. can be
delivered to them. For the ordinary safety of the citizens of the several states whether
against dangers within or without their reliance must be on the means to be pro-
vided by their respective states. Under these circumstances I have thought it my
duty to transmit to you the representation received not doubting that you will have
done for the safety of our fellow citizens on a part of our frontier so interesting
and so much exposed what their situation requires and the means under your controul
may permit.
Should our present differences be amicably settled it will be a question for consid-
eration whether we should not establish a strong post on the St. Lawrence as near
our northern boundary as a good position can be found. To do this at present would
•only produce a greater accumulation of hostile force in that quarter.
I pray you to accept the assurances of my high respect & esteem
Th. Jefferson,
P. S. I also inclose the copy of a Letter from Mr. Peregrine Fitz Hugh of Sodus.
H. E. Governor Tompkins.
To His Excellency The President of the United States. The undersigned are a com-
mittees appointed by a meeting of the Inhabitants of the county of Jefferson for the
purpose of making known to your Excellency their situation & of praying such relief
& assistance as in your wisdom it may seem proper to afford.
They therefore beg leave most respectfully to submit the following representation:
The county of Jefferson is situated in the Northern part of the state of New York:
stretching 40 miles on Lake Ontario & 30 miles on the rtver St. Lawrence. Nine years
ago it was a perfect wilderness: now it contains upwards of 3000 men capable of bear-
ing arms and is covered with flourishing settlements. No instance of so rapid popu-
lation has ever before occurred in the state— the rapidity of settlement has been the
result of the very great advantages which this country possesses. In no part of the
state is there so large a body of lands uniformly good to this may be added the
advantages of a most healthy and delightful climate.
The undersigned would proceed most respectfully to state the very defenceless situ-
ation of the people whom they represent. They are extremely in want both of arms
and ammunition. Not more than 3 or 400 guns can be mustered in the county and of
these a large proportion are but poorly fit for service— there are no bayonets & no
68 ANNUAL REPORT OF THE
THE GOVERNOR'S DIRECTIONS REGARDING THE CONSTRUCTION OF AN
ARSENAL AT ROME.
Albany, April 18, 1808.
Gentlemen : The whole of the arms and ammunition destined
for the Western District under the Act to provide for the
defence of the Northern and Western Frontiers, is in readiness
to be transported thither, but the uncertainty of finding any
convenient place of deposit on their arrival compels me to retain
them untill I am sure they will be safely stored. I have, there-
fore, sent on Captain Yatesf lately in the service of the United
ammunition worth mentioning, besides the people are not at all able to provide them-
selves with the means of defence, they are extremely poor— this may well be sup-
posed from the youth of the country new settlments being generally formed by enter-
prizing men in low circumstances. It requires all the efforts they can possibly make
for some years to support their families and to meet the payments on their lands,
in fact it is not going to far to say that the people of this county are at present but
a little more than able to provide for their own subsistance. Foreign goods are
extremely high from the great expence of transportation and it requires some years
for the settlers of new land to get in the way of raising the necessary wool flax and
hemp for manufacturing their own clothing indeed our country is still in that period
of infancy during which great difficulties are to be struggled with and all the efforts
of all the people are necessary even in peaceful times. When ten years more shall
have passed over our heads the state of things will be materially changed the country
will be able to provide itself with arms and ammunition it will have a large sur-
plus produce for exportation the land will be paid for and in case of difficulty with
a neighbouring power the people will be able to direct a constant effort to their
defence without exposing their families to any difficulty of subsistance— This at present
is impossible.
Suffer the undersigned now to solicit the attention of your Excellency to the very
serious dangers which threaten the country whose case it has been made their duty
to lay before you.
We have an extensive frontier and are exposed every instant to an incursion-
preparations for war have been made and are making in Canada with the greatest
activity a considerable reinforcement of regular troops has been received and a
formidable body of Indians can upon short warning be assembled. There is certainly
strong ground to believe that an attack in case of war is meditated and a sudden
attack without previous measures of defence on our part might be attended with the
most dreadful calamities.
No person can doubt that Canada must fall whenever the government of the U. S.
puts forth its strength. Our fears are grounded on the defenceless situation in which
we now stand connected with the ease with which while that situation continues
our country may be ravaged and destroyed. A few days would be sufficient to reduce
us to ruin for the power on whom we border possesses the means of striking an
immediate blow not the delay of twenty hours even need occur after war is deter-
mined on and av very small force would now over run our country almost without
opposition. Destitute of Arms & of ammunition we must fall an unresisting victim.
And when the dreadful nature of Indian hostilities is recollected can the claim of
assistance which we would most respectfully urge upon the government of our country
be viewed in any other light than as a claim founded equally in the strongest feelings
of nature & the most obvious principles of justice. We are ready to fight & to die
in the defence of the country. We ask only to be put in a condition to act with a
STATE HISTORIAN. 69
States to prepare places of deposit. Should there be no con-
venient place for storing arms and ammunition at Rome a build-
ing must be erected for that purpose. This building if erected
at the expense of the State will be such only as is necessary to
carry this particular Act into effect. That is to say, about thirty
feet in length and twenty in width within the inner siding or
ceiling, two stories high and each story eight feet in the clear,
covered very securely with shingles, sided with rough boards
and ceiled on the inside of the beams or posts throughout, with
boards planed on the inner side and grooved. The foundation,
rational prospect of success. But situated as we at present are an abandonment of
the settlements in the event of an attack is the only^ choice which appears to be left
to us.
The county of Jefferson viewed in reference to its position certainly deserves a
very important consideration. It must ever be a principal medium of communication
between the U. S. and the best of the Canadian provinces, the natural course of an
invading army would be through this County. Kingston which lies directly opposite
to it is the post most valued and relied upon by the British government. It is the
last post which that government would abandon and an immediate seizure of Kings-
ton in the event of war would in the apprehension of the undersigned be a measure
equally calculated to give safety to the American frontier and to prepare the way
for an easy reduction of the whole province of Upper Canada.
We address your Excellency therefore under a deep sense of the dangers to which
we are exposed and with a perfect reliance that the government will feel every dis-
position to give us effectual assistance. We pledge our lives & our honor for the
full exertion of all the faculties we possess in repelling the enemy & in rolling the
tide of invasion back upon him. We pray for assistance to enable us to be useful
to our country & to ourselves. We pray for assistance that we may not fall the
unresisting victim perhaps of a savage foe & when in addition to all that has
been said it is recollected that the seizure of this country by British Troops assisted
by Indian auxiliaries would be followed by the erection of fortresses in the important
points which might render no inconsiderable sacrifice of blood and Treasure necessary
to regain the country a view of the subject must be presented the very great im-
portance of which we are sure your Excellency will at once appreciate.
We conclude with most respectfully praying that a military station be established
on the St. Lawrence and a body of Troops posted there and that such other measures
be adopted for our safety as in the wisdom of your Excellency the urgency of the
case may seem to require.
And your petitioners as in duty bound will ever pray
Thomas Y. How, Moss Kent, Amos Benedict, Jacob Brown, Samuel Whittlesey, Saml.
C. Kenada.
Noadiah Hubbard, Jonathan Miller of Champion.
Ethel Bronson, Perley Keyes, Rutland
Thomas White, William Rice, Harrison
Joshua Brals, Paul Stickney, Adams
William Hunter. Clark Allen, Malta
Jesse Hopkins, Lemuel Hubbard, Henderson
Augustus Sacket, Elisha Camp, Hounsfield
Corlis Hinds, William Huntington, Watertown
Gershom Tuttle, Samuel Mack, Brownville
Et.h. Evans. James Shurtliff, Le Ray
t Captain William Yates.
70 ANNUAL REPORT OF THE
sleepers, beams, posts, &ca., to be of the most substantial kind
so as to endure at least three tons weight in the second story
without injury. For the purpose of having a serviceable build-
ing in your village [Rome], I hope you as respectable citizens,,
will afford your advice and assistance in this business, and occa-
sionally have a Superintending eye to the persons contracting
to erect the building and see that no materials are used but such
as are of suitable quality, and that the workmanship is well per-
formed. Mr. Yates is at liberty to authorise you to contract
for such building upon the best terms you can obtain (if you are
willing to undertake it) and the payments for the expenses in-
curred, will be made by me with warrants upon the Treasurer
as you shall jointly request and upon your receipts therefor..
You will also be at liberty to employ some person to superin-
tend the building under you at Moderate Wages, whom you
would be willing to recommend as a suitable person to take
charge of the property deposited in it, when the building is,
compleated.
Should you decline the trouble which this superintendance
will give, I will thank you to inform me of it. It will be neces-
sary that the ground upon which the Arsenal is built, should
be leased free of rent or ceded to the State to be exclusively
possessed as public property so long as it may be used by the
State for the purpose of an Arsenal or Deposit of arms and'
ammunition.
The site may be at any place within the town of Rome, and if
suitable ground cannot be obtained gratis for this purpose
within the village of Rome, the Arsenal will not be confined
to the village but may be erected at some suitable place in the
town.
Henry Huntington, Joshua Hatheway, Samuel Dill, Esqrs.
STATE HISTORIAN. 71
(rOVKUNOK TO.MI'KINS TO GENERAL I >EA KI'.ORN ON THE DEFENCES OF
NEW YORK CITY.
New York, May 5, 1808.
Sir: By the Act of the Legislature of this State which I had
the honor to transmit to you some days since, the commissioners
appointed to cede to the United States the use and jurisdiction
of certain lands for the defence and safety of the Oity and Port
of New York, are required to describe such lands as accurately
as may be by metes and bounds. The sites for the Arsenal
and magazine, and for the works opposite the Battery and in
the vicinity of Laight's Street, have been described with suffi-
cient accuracy to enable us to cede the title and jurisdiction
thereof at the present meeting of the commissioners. The writ
ad quod damnum to obtain the title of Ellis' Island will be exe-
cuted on the 14th inst. and the judgment of the Court of Chan-
cery on the return of the Inquisition will be obtained without
delay.
In your letter of the 13th of April last, you observe " that
after what is necessary in relation to that Island shall have
been done it will be desirable to have a decision in regard to
the bed of the river or harbor between Governor's and Bedlow's
Island." I presume from this letter, that the acquisition of the
title and jurisdiction of Ellis' Island is a preliminary measure,
and that until it is accomplished a decision upon the cession
of the bed of the harbour for the plan of defence by blocks and
chevaux de frise is not required. The commissioners have,
therefore, concluded to postpone a determination upon that sub-
ject untill the title and jurisdiction of Ellis' Island is vested
in the United States. In the mean time, I am instructed by
them to request that you will have the goodness to furnish such
72 ANNUAL REPORT OP THE
a description of the place or line in which you propose to erect
the blocks and chevaux de frise, that should the commissioners
at their next meeting, conclude to cede the title and jurisdiction
necessary for that purpose, they may be enabled to describe
the cessions with the accuracy and certainty required by the
law under which they act.
The Honble. Henry Dearborn.
THE GOVERNOR DISTRIBUTES ORDNANCE SUPPLIES AND ISSUES
INSTRUCTIONS TO JOHN M?LEAN, COMMISSARY OF MILITARY
STORES. ;
New York, 9 May, 1808.
Sir: By an act of the Legislature of the State of New York
entitled "An Act to provide for the defence of the Northern and
Western Frontiers " passed 12th February 1808, it is made my
duty to cause certain quantities of arms, ammunition and mili-
tary stores to be transported and deposited in the places con-
templated by that Act. Accordingly I have concluded to trans-
port and deposit at the following places the following articles
In the County of Genesee.
500 Stand of small arms,
300 Setts of Accoutrements,
1,000 Flints,
10,000 Rounds of fixed Ammunition,
6 Quarter Casks Common Powder.
At Canandaigua, in the County of Ontario.
1,000 Stand of Arms.
600 Setts of Accoutrements,
1,500 Flints,
STATE HISTORIAN. 7o
15,000 Rounds of fixed ammunition,
2 Brass four pounders with implements complete,
200 Four pound balls,
6 Quarter Casks of Cannon Powder.
At the town of Onondaga, in the county of Onondaga.
500 Stand of arms.
300 Setts of Accoutrements.
1,000 Flints.
3 Quarter Casks of Cannon Powder.
At Champion, in the County of Jefferson.
500 Stand of Arms.
350 Setts of Accoutrements.
1,000 Flints.
7,500 Rounds of fixed ammunition,
3 Quarter Casks of Cannon Powder.
4t Rome, in the County of Oneida.
700 Stand of arms,
500 Setts of accoutrements,
1,500 Flints,
10,000 Rounds of fixed ammunition,
1 Three pounder,
6 Quarter Casks of cannon powder,
100 Cannon Ball for three pounders,
100 Cannon Ball for Pounders.
In Clinton & Essex Counties.
500 Stand of arms,
350 Setts of accoutrements,
.1,000 Flints,
7,500 Rounds of fixed ammunition,
6 Quarter Casks of cannon powder,
74 ANNUAL REPORT OF THE
2 Three pounders,
200 cannon ball for three pounders,
100 cannon Ball for - - pounders.
You will, therefore, proceed without delay to Albany and
attend to the delivery thereof for transportation to the said sev-
eral places and put them under the care and superintendance of
suitable persons who will attend to their delivery at the follow-
ing places, viz: Those designed for Genesee and Ontario to be
deposited at Canandaigua until suitable arrangements can be
made for Genesee; those destined for Champion in Jefferson
County will be left at Utica in Oneida County until arrange-
ments be made for their receipt at Champion; those for Onon-
daga and Home will be left at those respective places, and those
for Clinton and Essex will be deposited in such places in those
counties as you may think will be most secure and at the same
time convenient in case of any attack in that quarter. «To enable
you to determine with more equity in this business' I would
remark that Judge Pliny Moore, of Champlain, has already one
hundred and thirty stand of arms and - - rounds of fixed
' ammunition which will be left there for the present. That at
Pittsburgh or its vicinity, a corps of associated patriotic
exempts has been formed consisting of Judge Newcomb, General
Woolsey, Peter Sailly, Esquire, and others, who will be supplied
with about 50 muskets in addition to the provision of the above
Act pursuant to another law of the last Session. I would refer
you for advice and information in addition to the above remarks
to General Moers, Mr. Sailly, Judge Newcomb, General Woolsey,
Judge De Lord, &ca., of Clinton, and to Judge Kellogg, Judge
Pond, Jonathan Lynd, Esqr., &ca., of Essex County. The accom-
panying Letters and information acquired by Captain Yates in
STATE HISTORIAN. 7.~
his tour to 11 1<"' Westward on I he above subject are annexed for
your information in that quarter.
The persons to whom the property is delivered must give a
bond with sufficient surety in a penalty of double the value of
the articles delivered conditioned for their safe keeping and for
the delivery of them or any part of them in the same condition
in which they are received upon the order in writing of the per-
son administering the government of this State.
At Canandaigua, a deposit must be erected of the dimensions,
and built and finished in the manner specified in your letter
directed to me at Albany, if a cession of ground can be obtained
for that purpose.
The mode of conveyance of the above articles will be selected
by you, unless John Vernor, Assistant commissary at Albany
has already contracted on that subject as he was authorised to
do by me before leaving Albany.
If the property is transported by water the boats must have
good awnings and be dry and the person transporting must in
any contract made or to be made, undertake to be answerable
for losses or damage arising from the insufficiency of the boats
<or carriages and negligence of their hands.
The compensation to those who may receive and give security
for the custody of the several articles will not be more for the
present than thirty Dollars per year, and a moderate compen-
sation for storage while they remain in private stores or ware-
houses, will be paid.
You are at liberty to make such reasonable advances to those
who may have the superintendance of the conveyance of arms,
&ca., as may be deemed necessary to defray the expenses inci-
dent to that business but the compensation for water carriage
76 ANNUAL REPORT OF THE
must be left to be paid after the arms, &c. are safely delivered
at Mynderse's falls or near there.
You will also inspect and store in the arsenal or arsenal yard,
at Albany, all the cannon ball which John Townsend and Co.
have completed, according to contract, and settle their account
therefor, bearing in mind that they have already received f 1,000
on account, and that the price to be paid there, is to be the price
for casting in New York with the addition of the freight of as
many tons, as there may be of shot, from New York to Albany.
Herewith you will receive seven hundred and fifty dollars in
advance towards the expense of this business.
John McLean, Esquire.
GOVERNOR TOMPKIXS TO GENERAL DEARBORN RELATIVE TO ARSENALS
IN NEW YORK AND DEFENCES.
New York, 12 May, 1808.
Sir: In addition to the appropriation of twenty thousand
Dollars for the defence of the Northern and Western frontiers
of this State, the Legislature at their late Session directed me
to deposit in Genesee County, Ontario County, Jefferson County,
Oneida County, and in the counties of Clinton and Essex four
thousand stand of arms with a discretionary quantity of ammu-
nition and military stores, and authorised the erection of
Arsenals or suitable places of deposit therefor. As the arms
of the United States cannot be delivered out to the militia or
distributed until they take the field, it has occurred to me that
should a part of those be deposited in an Arsenal in Canan-
daigua, in the County of Ontario, a part at Borne (Fort Stan-
wix) in the County of Oneida, and a part at Whitehall, Platts-
STATE HISTORIAN.
77
burgh or some other convenient place towards Lake Champlain,
(In- arsenals or places of deposit to be constructed under the
authority of the State, might be made of such dimensions as
not only to contain the arms and military stores of the State
destined for those places, but also to accommodate the United
States for a deposit for part of the arms belonging to them.
Should this be acceptable to the United States, it would be a
great relief to the minds of our frontier Inhabitants, and the
property would be sufficiently remote from the frontiers in a
thickly settled country and would be as well attended to and
as securely kept as in Arsenals at New York and Albany.
Should I be advised of a willingness on the part of the General
Government to adopt the measure of storing part of their arms
and military stores at the above places, such plans will be
adopted in constructing arsenals there that in addition to the
State property destined for those places under the above act,
the arms and military stores of the United States might also
be conveniently and safely stored therein.
The fund appropriated for aiding in defence of the City and
port of New York will be cheerfully expended in measures sup-
plementary to those already commenced by the United States.
But as the sum may be inadequate to complete any extensive
supplementary plan, it is desirable that it should be applied to
such works as the General Government would deem advisable
to compleat, should tlje one hundred thousand Dollars be ex-
hausted before the works are finished.
Supposing that the next position to which the General Gov-
ernment will proceed after the works already commenced are
completed, will be the narrows at and between Signal Hill and
Hendrick's reef, I have addressed to Colonel Williams a letter
78 ANNUAL REPORT OF THE
on that subject which he will probably communicate to you.
Should the commencement of any particular plan of operations,
at that place be contemplated by the General Government, or
should a plan now be proposed which it would be acceptable
to them to carry on after the State appropriation is exhausted
thereon, 1 feel confident that in addition to the One hundred
Thousand Dollars the citizens in the vicinity will render volun-
tary services of considerable value.
The Honble. Henry Dearborn.
GOVERNOR TOMPKIXS TO COLONEL WILLIAMS IN REGARD TO THE,
WORKS AT THE NARROWS AND THE GENERAL DEFENCES OF NEW
YORK CITY.
New York, May 12, 1808.
Sir: The sum appropriated by the State of New York to aid
in providing for the defence of the city and port of New York
is of itself insufficient to complete an adequate plan of defence
and ought therefore to be applied in forwarding the plans al-
ready commenced under the authority of the United States, or
in commencing and forwarding the works contemplated by them
to be erected after those now begun are finished. If the Nar-
rows be the next position in advance designed to be fortified by
the United States, I should cheerfully commence the expenditure
of one hundred Thousand Dollars there, upon such plan as may
be thought expedient, and such as would be pursued by the
Secretary of War after the appropriation of this State may be
exhausted thereon. It appears to me that between Hendrick's
reef and Signal Hill on Staten Island such obstructions by
blocks, booms, chains, chevaux de frise or fire ships, might be
STATIO HISTORIAN. 7!)
arromplishrd. tliat willi ;i strong work <:r<><-|r<l on rarh of the
said places I lie approach of hostile ships to the city would be
rendered impracticable.
Will YOU have the goodness to aid me with your opinion on
the practicability of such a plan and the probable expense of it,
that I may be enabled to inquire of the Secretary of War
whether it would be completed by the United States after the
appropriation of the State is exhausted thereon.
Col. Jona. Williams.
GOVERNOR TOMPKINS WRITES TO GENERAL PETER B. PORTER IX
REGARD TO THE ARSENAL AT CANANDAIGUA.
New York, May 13, 1808.
Dear Sir: I am obliged by the receipt of your letter under
the date of the first inst. I have submitted to the commissary of
military stores to determine on the mode of conveyance of the
arms, &c. destined for the Westward. He leaves here im-
mediately for Albany to fulfill the duties enjoined by the Act for
the defence of the Northern and Western frontiers. I am appre-
hensive that the boxes of arms are not sufficiently secured to
endure land carriage without much injury. The other articles
consist of cannon, carriages, ball and powder, & ca., which it
would be inconvenient and perhaps dangerous to transport by
land.
Pursuant to the above mentioned act I shall erect at Canan-
daigua a building of wood for the deposit of the arms and mili-
tary stores about 50 feet by 26 ceiled on the inner side with
planed boards grooved. This wrill be all that is necessary to
80 ANNUAL REPORT OP THE
accomplish the object contemplated by that act. But should
there be a disposition in the Inhabitants of that country to add
to the importance of Canandaigua and to the security of your
county and the Western country generally by building a brick or
stone arsenal of larger dimensions, I will pay on the behalf of
the State towards it, such sum as a wooden building of the above
dimensions would cost. Should such a measure be accomplished
by the citizens in your quarter there is reason to believe the
Legislature would afford them some additional assistance at
their next session. But if they should not, a convenient arsenal
at Canandaigua in which the arms and military stores belong-
ing to the State might as well be deposited as in Albany, and in
which I have no doubt I could obtain a deposit of several thou-
sand muskets, &ca., belonging to the United States, would be an
object of such importance for Canandaigua, the County of
Ontario, and for the security of all the Western District that I
think the patriotism of the Citizens would be displayed to their
great honor and advantage.
The method of ascertaining whether such an object can be ob-
tained, I submit to you upon consultation with other Gentlemen
of the village. I shall direct Capt. Yates or James Watson,
who will escort the property to be deposited at the Westward of
Albany, to call upon you on their arrival at Canandaigua to
know if any such plan in extension of what I am authorised to do
by the above law can be effected.
It will be necessary to have a lot for the site of an arsenal
ceded to the people of this State to be held by them as long as
it may be appropriated to that purpose. Should the building
be erected on an enlarged plan, a person would be appointed to
take charge of it and its contents, who will receive such com-
STATE HISTORIAN. 81
pensation for his care, and the mechanical and other work done
to the United States and State property as would induce some
respectable [person] to undertake the duties of the office.
After about the 26th inst. I shall be in Albany and shall be
happy to hear from you on my arrival there upon this subject, or
in relation to any other matters which you may deem of suf-
ficient importance to communicate.
The Honble. Peter B. Porter.
<30VERNOR TOMPKINS TO JUDGE ELLIOOTT CONCERNING THE DISTRI-
BUTION OF ARMS FOR NIAGARA COUNTY.
New York, 14 May, 1808.
Dear Sir: By an act of the last Legislature which you have
probably seen a certain quantity of arms and military stores are
to be deposited for the security of the frontiers in the County of
Oenesee. At the time of the passage of the act Genesee com-
prehended Niagara County, and the latter is, therefore, to be
taken into consideration in apportioning the property. The
place is left discretionary with me, but I have directed that the
property be forwarded with other property to Canandaigua, and
be stored there until the place of deposit is determined upon
and safe storage provided for. I will, therefore, thank you for
your opinion as to the proper place at which to deposit the arms,
&c., and as to a proper and responsible person at such place, who
will take charge of them and provide a convenient place in which
they may be safely kept.
A list of the property destined for Genesee county is sub-
joined. I shall be at Albany by the 26th instant, by which time
6
82 ANNUAL KEPORT OF THE
or as soon thereafter as may be convenient, 1 shall he much
obliged by hearing from you on this subject.
The Honble. Joseph Ellicott.*
THE GOVERNOR REQUESTS ADVICE FROM JUDGE SAILLY, AND SEVERAL.
OTHERS.
New York, 14 May, 1808.
Dear Sir : The property destined for the Northward and West-
ward, under the act for the defence of the Northern and
Western frontiers has been prepared for transportation and the
Commissary of Military Stores has been dispatched to Albany
to attend to the business. The act leaves the place or places at
which those intended for Clinton and Essex are to be deposited
discretionary with me. I am therefore under the necessity of
asking for information and advice from those counties on that
subject. There are already 130 muskets and some fixed ammu-
nition in the possession of Judge Pliny Moor. There are also in
Washington or Clinton County upwards of one hundred muskets-
belonging to the State, collected from the two thousand dis-
tributed at the Northward and Westward in the year 1794.
These will for the present be left in that Country for its.
security, and the number authorised by the above act forwarded
in addition thereto. Besides, Plattsburgh will have the benefit
of the muskets to be supplied to the associated body of Patriotic
military Exempts under a law which passed for that purpose. I
mention these facts that you may be the better able to decide
* Joseph Ellicott had been Judge of the Court of Common Pleas of Genesee County, a
Jefferson elector in 1804, and subsequently was one of the original Canal Commissioners
under the act of April 17, 1816.
STATK HISTORIAN. s:j
more equitably upon the place at which the arms &c. now to be
forwarded ought to be deposited. With these remarks. I lake
Hie liberty of asking advice as to the proper mode of conveying
the property to that country and as to the proper places at
which they may deposited so as to be secure from any sudden
incursion of a hostile party and at the same time sufficiently
near the frontier to be useful, and advantageous for the security
of the Inhabitants.
I have written to General Moers, Judge Platt, Judge New-
comb, Judge Kellogg, Judge Pond, Jonathan Lynd, Esquire and
others, upon the same subject with whom or as many of them
as may be convenient I will thank you to confer, and favour me
with your and their opinion in this business on my arrival in
Albany which will be about the 26th inst., or as soon thereafter
as will be agreeable to you. To prevent unnecessary alarm or
agitation amongst your Canadian neighbors, it will be advise-
able to consider this communication confidential and to consult
only with Gentlemen of respectability whose opinion you may
think serviceable upon the above subject. Subjoined is a list
of the articles intended for Clinton and Essex in addition to
what is mentioned above.
The Honble. Peter Sailly.*
500 Stand of arms; 350 Setts of accoutrements; 1,000 Flints;
7,500 Rounds of fixed ammunition; 2 Brass three pounders with
carriages & implements complete; 6 Quarter Casks of Powder;
200 Ball for three pounders; 100 do for - - pounders.
(N. B. Sent a copy of the preceding letter to General [Ben-
jamin] Mooers, Judge Platt, Judge [Kinner] Newcomb, Judge
* Peter Sailly had been member of Assembly from Clinton County in 1803 and
Judge of the Court of Common Pleas from April 2, 1804, to March 13, 1806.
$4 ANNUAL REPORT OF THE
[Isaac] Kellogg, Judge [Benjamin] Pond, and Jonathan Lynds
[Lynde] Esqr. of Essex County, omitting their respective names
in the body of the Letter.)
THE GOVERNOR EXPLAINS TO JUDGE TOWNSEND WHY GENERAL
GEORGE M'CLURE WAS NOT APPOINTED TO THE COMMAND OF
THE WESTERN DETAOHEID BRIGADE.
New York, May 16, 1808.
Dear Sir: I have no. recollection of your making any obser-
vations to me relative to the appointment of a Brigadier Gen-
eral to command the Western detached Brigade. I mentioned
lo you that one of four Gentlemen would be appointed and
accordingly one of those four was assigned. It would have
given me pleasure to have named General McGlure, but when I
look into consideration the residence of the commandants of
Regiments in that Brigade, and the bulk of the men and the
rank and local positions of the said Generals, I made the deter-
mination according to what it appeared to me the public safety
and good required.
I have no hesitation in complying with your request and
declaring that you never to my recollection mentioned or did any-
thing unfavorable to assigning General McClure to that com-
mand, and that my determination was in no respect influenced
by any representations from you or any other person unfavor-
able to that Gentleman, and that if the above circumstances had
not operated upon my mind it would have been gratifying to me
to have assigned him.
Henry A. Townsend, Esqr.*
* Henry A. Townsend was County Clerk of Steuben County February 11, 1799, to
March 21, 1807; February 8, 1808, to February 1C, 1810, and from February 11, 1811, to
February 13, 1815; Surrogate from March 24, 1800, to March 25, 1805; Member of Assem-
bly, thirty-second session of the Legislature; State Senator, 1811-1814; Member Council
of Appointment, 1814.
STATE HISTORIAN.
85
THE GOVERNOR INFORMS GENERAL DEARBORN THAT THE VALUE OF
ELLIS ISLAND HAS BEEN FIXED AT TEN THOUSAND DOLLARS.
New York, 16 May, 1808.
Sir: On Saturday the Sheriff and Jury visited Ellis' Island,
and pursuant to the writ, executed the Inquisition, and valued
the damages of the owners and Tenant at f 10,000. The Jury
consisted of some of the most respectable and intelligent In-
habitants of this City, and who are well acquainted with the
value of property in its vicinity. The amount of the damages
exceeds what I anticipated before the execution of the writ.
But the circumstances which then appeared and which I believe
to be true, have satisfied me that a less valuation cannot be
expected. The quantity and appearance of the land is no
criterion to judge of its value to the owners. It is found to be
one of the most lucrative situations for shad fishing by set netts
witjiin some distance of this place, yielding annually from 450
to 500 Dollars to the ocoipant from this single circumstance.
The Oyster banks being in its vicinity affords an income in the
loan of oyster boats, rakes, £c. of which I before had no idea;
besides this a considerable advantage results to the occupant
from a tavern in the only possible place of communication for
people engaged there, between the Oyster banks and this city.
I am, therefore, now fully satisfied that the annual value of the
Island to the occupants is more than the Interest of 10,000 Dol
lars.
Under these impressions I submit to you the propriety of an
application to vacate the writ and Inquisition, and to obtain a
new writ and another Jury. Candour, however, obliges me to
observe that were such application successful, I have no reason
to believe that a more favorable inquisition is to be expected.
.86 ANNUAL REPORT OF THE
You will perceive by the Act which I had the honor to transmit
to YOU, the consideration money must be paid by me into the
Court of Chancery before the Judgment of the court confirming
the proceedings is to be entered.
I have, therefore, thought it advisable to apprise you as early
as possible of the result that you may determine on the course
of proceeding- proper for me to pursue. The expenses of the
Sheriff and Jury, and some compensation to the counsellor en-
gaged by me on the part of the State and the fees of the Officers
•of the Court will be all the costs attending this business.
The Honble. Henry Dearborn.
Valuation, $10,000
Expenses of Advertising and Sheriff's & Jurors' fees &
expenses, 41.25
Counsel and Attorney, 50.00
Fees of Register of the Court of Chancery, 3.75
^Surveyor's fees,
THE GOVERNOR INFORMS MR. HUBBARD THAT THE ARMS FOR THE
DEFENCE OF THE NORTHERN AND WESTERN FRONTIERS ARE
READY FOR TRANSPORTATION.
New York, May 17, 1808.
Dear Sir: The arms &c. destined by the Act of the last Ses-
sion, relative to the defence of the Northern and Western Fron-
tier for Champion in Jefferson County have been prepared for
transportation, and are now probably on their way to Utica,
where they will remain until a place of deposit and a suitable
STATE HISTORIAN. 87
person to take charge of them can be obtained at Champion, and
until a safe mode of conveying them from Utica to that place is
determined upon.
I have, therefore, -taken the liberty of addressing a line to
yourself, Judge Clark and Jacob Brown,* Esquire, for informa-
tion and advice upon that subject. A list of the property is sub-
joined, by which you can determine whether convenient and
secure storage can be procured at Champion, and some respon-
sible and competent Gentleman named to take charge of them.
Be pleased also to let me know what arrangement will be most
advisable for the conveyance of the property from Utica to
•Champion. I shall be at Albany by the 28 Instant.
Noadiah Hubbard, Esqr.
500 Stand of Arms; 350 Setts of accoutrements; 1,000 Flints;
7,500 Rounds of fixed ammunition; 3 Quarter Casks of Cannon
Powder;
P. S. Be pleased to confer, if convenient, with such Gentlemen,
whose opinion you may think serviceable in this business.
N. B. Sent a copy of the preceding letter to Judge Clark and
Jacob Brown, Esquire omitting their respective names in the
body of the Letter.
•GOVERNOR TOMPKINS ASSIGNS TO GENERAL M'CLUKE HIS REASONS
FOR APPOINTING GENERAL SWIFT INSTEAD OF HIMSELF.
New York, 23 May, 1808.
D'r Sir: I have received your letter and with pleasure assure
jou in answer that neither Mr. Towusend nor any other person
ever intimated an idea to me unfavorable to vour militarv
m *
capacity and skill, or having a tendency to make an impression
*Afterward General Jacob Brown.
88 ANNUAL REPORT OF THE
unfavorable to your being assigned to command the most West-
ern Brigade. The compliment paid you in General Orders* was
sincere and merited ; and I have never heard the slightest insinu-
ation that the exclurlve merit of your conduct in that business
was not solely your own. And I can assure you that my opinion
of your military character and personal worth would never be
operated upon or changed by representations made in your
absence, if such had ever been made.
Your information that I had said the appointment would lay
between General Rhea and yourself is incorrect. My observa-
tion was that it would lay between Generals Swift, Hall, Rhea
and yourself, and I did also express a wish that I might find it
convenient and suitable to appoint you, which was a sincere
wish and which was not prevented by any representations,
insinuations or whispers injurious to you, but on the contrary
my respect and Esteem for you is as great as it ever was. The
reasons for assigning General Swift I will candidly state to you,
and I presume they will be perfectly satisfactory.
Before the determination was made, the Legislature had
passed a Law directing the Deposit of arms and ammunition
for the safety of the frontiers and directed 1000 muskets and
suitable quantities of military stores to be deposited at Canan-
daigua. As General Swift lived near that place, it was supposed
by me that upon an emergency he could sooner carry orders into
effect than the other Generals, because he lived nearer the place
at which they would meet to be armed and more central in the
detached Brigade than the others. Besides he has in his
Brigade artillery companies who belong to the detachment and
are supplied with pieces, and his residence is in the route of com-
*See Tompkins Papers, Vol. I, p. 162.
STATE HISTORIAN.
89
munication between Albany and the Frontiers, and between the
other places of deposit, Onondaga and Batavia where field
pieces, ball and powder, are also supplied. He is also senior
in rank to yourself or Genl. Bhea, and nearest to the field Offi-
cers of the Detached Brigade; under these circumstances I
thought it would be most advantageous and convenient to the
public that he should be assigned. For these reasons and with
these motives alone, and [not] from any other cause, he was
assigned.
The appointment of the Officers of a Troop in your Brigade
was delayed, partly because recommendations for that purpose
ought strictly to come thro' the Cavalry Officers; the Cavalry
being erected into a Corps, distinct from the Infantry or Artil-
lery, and partly for want of time which required us to leave most
of the military appointments unfinished.
Genl. George McClure.
GOVERNOR TOMPKINS TO GENERAL DEIARBORN IN REGARD TO THE
TRANSFER OP ELLIS ISLAND.
New York, 25 May, 1808.
Sir: Pursuant to your advice I shall proceed to have the de-
cision of the Chancellor upon the writ and Inquisition executed
for the purpose of obtaining the Title to Ellis's Island. If you
will adopt the arrangement of Instructing Captain Whiley to
pay the consideration money here upon the delivery of a Deed
approved by the District Attorney, it will be a convenience to
me.
The law of this State requires the payment of the money into
Court before the Judgment of the Chancellor is to be rendered to
90 ANNUAL REPORT OF THE
vest the title of the people in the State, and such Judgment
must precede a conveyance by me of the title of the State to the
United States. As I shall, therefore, be obliged to deposit the
money from my private friends [funds] (the Legislature having
made no appropriation for the purpose) it will accommodate me
to have it refunded at New York, immediately after the pro-
ceedings are completed.
The Honbl. Henry Dearborn.
THE GOVERNOR ISSUES ORDERS TO CAPTAIN WILLIAM YATES.
Albany, 26 March, 1808.
To Captain William Yates.
Sir: You will please to repair to the City of New York and
proceed to assist the Commissary of Military Stores in putting
up for removal towards the frontiers pursuant to an Act of the
Legislature at their present Session, 1,500 Stand of arms, 1000
cartridge Boxes, and 50,000 cartridges, with fixed ammunition
adapted to the calibres of the muskets so to be put up. And as
soon as the same are carefully put up and ready -for removal
you will receive them from the Commissary of Military Stores
and accompany, take charge of and cause to be transported to
Albany the said muskets, cartridges, &c., and there deliver the
same in the like condition in which they are received to the
Assistant Commissary of Military Stores at Albany or at the
Arsenal there. You will of course be under the Instructions
and Orders of John McLean, Esqr., Commissary of Military
Stores, as to the time and manner of putting up and preparing
for transportation the said arms and ammunition and will also
take charge of all field pieces, carriages, implements and am-
STATE HISTORIAN. 91
munition which he may deliver to you and cause the same also
to be safely delivered in Albany as aforesaid. For your services
whilst engaged in this business, I am content for the present to-
pay and allow you at and after the rate of two Dollars and fifty
cents per day, to commence from Monday next inclusive, and to
continue until the arms, artillery, implements, ammunition, &c.,
with which the Commissary of Military Stores may entrust you,
are safely delivered and stored in the Arsenal at Albany. It is-
also expected that you will in every respect faithfully and dili-
gently aid, and assist the Commissary of Military Stores, pur-
suant to his orders and directions in every particular in which
it may be requisite to forward and effect the Execution of the
Act aforesaid. You will herewith receive an advance of 100
Dollars on a/c of your services to be performed, pursuant to
these Instructions and you will understand that no personal ex-
penses in addition to the compensation above mentioned will be
allowed or paid for you, and that you are from time to time
untill further orders to advise me of your proceedings under
these instructions and will proceed without Delay to the Execu-
tion of them.
THE GOVERNOR ACKNOWLEDGES THE PATRIOTIC TENDER OF TAVO
ORGANIZATIONS OF GENERAL VAN SCHAICIv'S BRIGADE.
Albany, August — , 1807.
Sir: I acknowledge the receipt of your letters of the 18th ami
21st July last communicating the tenders of service by Captain
Bogart's Company of Albany Volunteers and Captain Smith's
Company of Light Infantry, of your Brigade.
Such displays of Patriotic Zeal and military ardour do honor
to the militia, and exhibit pleasing proofs that our Citizens ar^
92 AT&UAL REPORT OP THE
ready to meet, with promptness the calls of their country in
every emergency.
Be so good as to present my thanks to the Companies above
mentioned and to assure them that I shall make a suitable repre-
sentation of their meritorious conduct to the President of the
United States.
Brig'r Genl. Van Schaick.
GOVERNOR TOMPKINS TO DAVID FORD REGARDING ARMS AND EQUIP-
MENT FOR ST. LAWRENCE COUNTY.
Albany, 7 Oct'r, 1807.
Sir: Your letter was handed to me last evening. The Secre-
tary of State is alone responsible for his official conduct and as
I have not an opportunity of conferring with any of the mem-
bers of the Council of Appointment to become acquainted with
the reason of their having directed the commission to be with-
held, it would not be discreet in me to assume the responsibility
of ordering it to be forwarded, in opposition to the directions of
my predecessor and the Council. Should [you] transmit to me
a statement of the grounds upon [which] your claim to the office
is predicated, I will take the earliest opportunity of having it
laid before the Council for their consideration.
I am not authorised to sell or distribute the arms and ammu-
nition belonging to the State. The necessity, however, of plac-
ing within the reach of our Frontier Brethren the means of
defending themselves in case of invasion, has induced me to
incur the personal responsibility of forwarding a small supply
to some of the most exposed places, the Inhabitants of which
have become obligated by bond for their safe return into the
STATE HISTORIAN. 93
Arsenal and have transported them at their own expense; I have
no objection to supply in your quarter upon similar terms as
many arms and as much ammunition as a just regard to other
parts of our frontier and the limited quantity belonging to the
State will justify. As the Law has not provided any public fund
out of which I can defray the expense of transporting them, it
cannot be reasonably expected that in addition to the personal
responsibility for the articles removed from the arsenal, I should
also incur the Individual expense of conveying them to the sev-
eral exposed points.
A supply of Field pieces which is daily expected from George-
town and which will be principally deposited in the Arsenal at
Albany to be from thence distributed amongst Artillery Com-
panies, will enable me to furnish a company of Artillery in St.
Lawrence County, and it will afford me great pleasure to convey
a field piece, implements and powder to them as soon as I am
assured that a regular company is formed, consisting of at least
thirty men uniformed and equipped with muskets, &c.
David Ford, Esqr.
THE GOVERNOR TO MR. TERRY ON A MATTER OF LAW.
Albany, 16 Dec'r, 1807.
Sir: Your letter addressed to me in October was not handed
to me until my arrival in this place with my family which is the
apology for the delay of the answer.
You do not furnish me with sufficient materials for a precise
answer because the nature of the action and pleadings is not
specified and my memory does not supply the deficiency.
If the action were Debt upon the penalty of an arbitration
bond and that penalty exceeded two hundred and fifty Dollars,
94 ANNUAL REPORT OF THE
1 am inclined to think the Plaintiff is entitled to Supreme Court
€osts; and this would be the case although the damages were
assessed by the Jury, upon assignment of the breaches of the
-condition at less than that sum. For in such action the obligee
in form of law recovers the whole penalty and such is the Judg-
ment upon the record; and the intervention of a Jury is for the
purpose of liquidating the sum to be endorsed upon the execu-
tion to be levied out of the penalty so recovered. But if the
action was upon an agreement without a penalty to submit to
arbitration, or if it were an action of Debt upon the award
adjudging the payment of a less sum than two hundred and fifty
Dollars, in either of those cases the sum mentioned in your letter
as recovered would not entitle the Plaintiff to more than Com-
mon Pleas Costs.
Your own lawyer is the proper person to advise you on this
subject, and your remedy, if any, is by an appeal to the Supreme
Court; my opinion cannot control the proceedings but I have
thought it correct to submit to you my impressions in the mat-
ter conformably to your request.
Mr. Joshua Terrv, Palmvra, Ontario Conntv.
THE GOVERNORS DIRECTIONS FOR THE TREATMENT OF THE
1 5 R O T H E R T OWN INDIANS.
Albany, 23 March, 1808.
Gentlemen: Your report relative to the affairs of the Brother-
town Indians of the twelfth of February last, having been taken
into consideration I have concluded to lay before you the meas-
ures which from that report and from other considerations
appear to me necessary to be pursued by you, in performance
of your trust.
STATH HISTORIAN.
95
It will l><> proper to proceed without delay to repair the Grist-
mill in ttrothertown, and lo rompleie tlie barn already com-
menced, and to erect on" such site as the Snperintendants shall
elect, as most convenient and eligible, a house two stories high
and about thirty by thirty-two feet, or a few feet more in dimen-
sions if the Snperintendants judge the same best; and to com-
plete the same as soon as can be done with economy and advan-
tage for the residence of the Schoolmaster and his family, and
for the reception and accommodation for board, lodging and
Education and instruction in sober and industrious habits of the
Indian children.
The Governor further instructs the Superintendants on or
before the first day of June next, to pay and divide amongst the
Indians, agreeably to their regulations and customs for dis-
tributing their annuity, the sum of One Thousand Dollars, and
in addition thereto out of the unexpended monies in their hands
from time to time to pay, furnish or expend to the said Indians
or for their use such sums as in the opinion of the s'd Superin-
tendants may conduce to their convenience and general welfare.
By an act of last winter, the Superintendants are authorised
with the assent of the Governor and with the consent of the
Stockbridge Indians, to sell or lease three hundred acres of their
land on the Turnpike Road. The object of this provision prin-
cipally, was to have convenient public houses for the accommo-
dation of travellers. The Governor is not advised upon this
subject as to the places which the said Indians will consent to
have sold, or whether they will consent to have leased or sold
such pieces of land as will accommodate the public Essentially
for the purpose of Taverns and, therefore, cannot at present advise
as to the proceedings under the last mentioned act.
96 ANNUAL REPORT OF THE
The Superintendants are not to consider themselves limited
to the objects above specified, but will proceed pursuant to law
in all such further and other arrangements and proceedings
touching the welfare, convenience and happiness of the said
Indians as the said Superintendants may deem discreet and
equitable.
GOVERNOR TOMPKINiS TO JAMES WATSON IN REGARD TO THE
CANANDAIGUA ARSENAL.
New York, 9 July, 1808.
Dear Sir: If the sum of |500 should prove to be less than the
difference in price betwen a wooden and stone or brick arsenal
by one hundred Dollars, and the Inhabitants should not make up
that sum, I will in that event indemnify you therefor; that is to
say, will allow f 600 Dollars for the difference, according to your
impression that the sum of 600 Dollars will be ample you can
proceed with a fire proof building without delay.
I am inclined to believe that 70 by 160 feet will be sufficient
ground for our purpose, but if the width could be encreased 5
feet (making 75 wide) it would be preferred on account of its
giving sufficient room for workshops &c., should the State here-
after authorise the building of them there ; the quantity of land
and the site however is left to your discretion which will be
regulated by the practicability of obtaining more ground or a
better site; if this cannot be done you will of course proceed on
the site and with the quantity of ground mentioned in your
letter.
I feel myself justified in placing confidence in your integrity,
sufficient for confiding to you the money necessary for com-
STATE HISTORIAN.
97
mencing your operations, and accordingly have enclosed a check
in your favor on the State bank for One Thousand Dollars, for
which I will thank you to enclose to me a receipt as for so much
money received for building a deposit at Canandaigua, under the
act to provide for the defence of the Northern and Western
frontiers passed 12 February, 1808. I enclose you a printed
copy of the act. When the business is concluded you will
render your account and vouchers and settle with me, and in the
meantime any additional sum that is required will be furnished
upon my being notified of it by you.
Dont forget to have a conveyance or lease of the ground for
the site to the People of the State of New York and to advise me
from time to time of your progress.
Mr. Jas. Watson.
A COMMISSION TO REMEDY THE EVILS OP THE SYSTEM OF THE COURT
OF CHANCERY.
New York, 9 July, 1808.
Sir: W^hen I had the honor of handing you a copy* of the
enclosed resolutions in New York it was my intention to have
waited on you previously to your departure to know if you- would
consent to associate with a Justice of the Supreme Court and a
respectable Counsellor, in devising a system of practice for the
Court of Chancery .f
* Saturday, April 9, 1808. RESOLVED, (if the honorable the senate concur herein)
That his excellency the governor be and he is hereby requested to employ one or more
professional gentlemen, of competent learning and skill, to devise a system for rem-
edying the evils experienced from the present course of proceeding In the court of
chancery of this state; to the end, that the system, which may be so devised, may
be submitted by his excellency to the consideration of the legislature, at their next
session, at which time the legislature will make provision for the expense which may
have been incurred in the premises.
t See page 147.
7
98 ^NUAL REPORT OP THE
The importance of the subject induces me to hope that you
will permit me to avail the State of your learning and experi-
ence in this business.
Having been so unfortunate as not to see you a second time
before you left New York I take the liberty of enquiring by
letter whether it will be agreeable to you to lend your aid in
devising the system contemplated by the enclosed resolutions?
The Honble. Robert R. Livingston.
GOVERNOR TOMPKINS TO JOSEPH CLARK ANBNT FEDERAL PATRONAGE
FOR JEFFERSON COUNTY.
New York, 25 July, 1808.
D'r Sir: I received your letter and apprised the Secretary of
the Treasury of its contents, and he has proposed upon my ex-
pression of confidence in your recommendation to enclose to you
a blank commission with permission for you to fill up the blank
with the name of Mr. Massy or such other suitable person as you
should think best.
The person to be named ought to be a man of sound political
character and of unquestionable integrity. His education is not
so material (tho' desirable) a qualification as a respectable
character and firmness and probity. The evasions of the Em-
bargo Law which are alledged to have been connived at in your
quarter will enable any Gentleman who will accept the Commis-
sion and perform the duties with Integrity to establish his char-
acter with the Administration.
It will not be necessary to inform any of our friends of your
having the Commission, or of your authority to fill the name,
although without giving that information it may be very advis-
STATE HISTORIAN. 99
able to consult other persons as to characters suitable for the
Appointment. I would merely recommend that you should if
convenient consult Sheriff Keyes, Mr. Whittlesey the District
Attorney, Mr. Hurd, Judge Beals, Mr. Stebbins, Col. Tuttle, Mr.
Hubbard or any other steadfast friend of Mr. Jefferson's admin-
istration before you issue the Commission. Expedition in the
business is highly necessary, and the idea you enforced upon Mr.
Massy, that every friend of his Country ought in these critical
times to contribute his services to the public, induces me to hope
that you will not be displeased at ttie trouble which is imposed
upon you in this matter. Permit me also to say, that as my as-
surances of your character and standing in Society, have per-
haps in some degree influenced Mr. Gallatin to place this high
confidence in you. My own character and standing with the
Secretary of the Treasury will very materially depend upon the
promptness, the fidelity and integrity with which this business
may be conducted. Let me repeat that respectable standing in
Society both morally and politically and acknowledged honesty
are the material qualifications.
It is probable Mr. Gallatin will forward such advice and In-
structions as will enable the new Collector to enter upon the
duties of his Office without embarrassment, and to frustrate the
Evasions of the embargo law with honor to himself and useful-
ness to his Country.
I shall not probably be in Albany until the middle of August.
Joseph Clark, Esqr.
P. S. Since writing the above Mr. Gallatin has sent me the
enclosed Commissions, one for Collector and the other for In-
spector; both Commissions are, however, to be filled with the
100 'ANNUAL REPORT OF THE
same name. I also send you his letter to me for your further
information, and his note endorsed on the enclosure of the Com-
mission. You need not hesitate or be secret in talking with the
friends of the Government about a suitable person for the Office,
but keep out of view only your particular authority to fill it.
Let me hear from you as soon as possible as Mr. Gallatin is now
in this City and very anxious to have this business compleated
and he informed of it. The Oaths of Office you may enclose to
him or me and we will see them filed in the proper place.
THE GOVERNOR SUBMITS A MATTER OP PATRONAGE TO MR.
HUNTINGTON.
New York, 25 July, 1808.
D'r Sir: Having written to the Comptroller to ascertain if he
had unalterably made up his mind to decline advancing the
money destined for Oneida upon separate bonds of the Com-
missioners, and having received for answer that he had so made
up his mind, I am compelled by the tenor of your and Mr. Hart's
letter to appoint new Commissioners. I have however been
obliged to make the appointment without consulting the Gentle-
men named, and have enclosed the appointment to you, which
I trust you will excuse, after being informed of the reasons
which induced it. In the first place: the public good requires
that the appointment should be made without delay, and yet I
am not sufficiently acquainted with all the suitable characters in
the County who will accept the trust. In the second place: at
the present time and under the circumstances now existing, I
can only grant a conditional appointment which the Council at
their first meeting, have the Power of revoking and this may
STATE HISTORIAN.
101
be a reason for those named by me to decline the appointment.
Thirdly: New Commissioners may also be induced to decline,
under an impression that the Citizens must be a second time
troubled to make their applications for the money and produce
their Evidences of title before the new Commissioners. And
fourthly: the delay of diffusing the money amongst those in want
of and entitled to it may be of serious importance to them. Now
should you and Mr. Hart consent to give joint bonds for the pres-
ent only, and loan out the money, much difficulty and Embarrass-
ment may be avoided. By the next section of the Act you will
perceive, that you may resign at the November Session of the
Council and they must accept your resignation, or the Legisla-
ture may then make provision for separate bonds. If such pro-
vision is not made and you should conclude to resign at that
time, no probable risque upon joint bonds can occur in the mean-
time, because neither principal or interest will be payable by
that day and the Council could then make unconditional appoint-
ments of new Commissioners. Under these impressions I have
enclosed the appointment to you in hopes and ardently intreat-
ing that you and Mr. Hart will reflect whether the accom-
modation and good of the public does not require that you
should relinquish a point which cannot in all human probability
be of any importance before November next, and serve till that
time, in which case I request you to destroy the enclosed Com-
mission. Should you, however, notwithstanding these consid-
erations, determine not to execute joint bonds, I shall be greatly
obliged by your enclosing and directing the appointment to
either of the Gentlemen named in it.
The Honble. Henry Huntington.
I
102 ANNUAL REPORT OF THE
THE GOVERNOR TO GENERAL DEARBORN REPORTING DEPTH OP WATER
IN UPPER NEW YORK BAY FROM ELLIS AND BEDLOWS ISLAND TO
LONG ISLAND.
New York, 27 July, 1808.
Sir: According to your request I have had the soundings
taken between the Islands in this Bay and now enclose to you
the result. They were made by Captain Brewster of the Reve-
nue Cutter and one of his Officers in my presence and were
accurately taken down by me. The Cutter was anchored in the
middle, so "that the Centre of the work erecting on Perkins'
point, the Cutter and the house on Bedlow's Island ranged in a
line. We commenced at Low water on the easterly side about
150 feet from the exterior wall of the Water Battery, in 4^
fathoms water and made 28 Soundings across as nearly equidis-
tant from each other as could conveniently be done to a point
about 400 feet from the shore of Bedlow's Island. The several
soundings made on that line are accurately detailed in the
enclosed paper by the line marked A.
We then commenced in a line with the Southside of and about
500 feet from Bedlow's Island, and sounded in a direction with
the Red Mills on Long Island, which ranged a little southerly of
the most Southerly point of Governor's Island, and took sound-
ings until we had crossed the deepest water in that direction.
This is specified in the line marked B. We then began on the
west line and sounded northerly in the direction of the Cutter
until we had passed her in the same line about forty rods and
found no greater depth than 13J fathoms. The last is desig-
nated by the dotted line. The result, therefore, is that the
deepest water in any place within a Triangle formed by Gov-
ernor's, Bedlow's, and Ellis' Islands may be considered 13J
STATE HISTORIAN. 103
fathoms at low water unless it may [be] deeper in some hole or
place in the bottom which our soundings did not cross. The dif-
ference in depth between ordinary low and high water is about
one fathom and between ordinary low water and our fullest
tides one and a half fathom.
Jn contemplating the heights of the blocks one fathom ought
to be allowed in addition to the depth of water for the depression
and settling of a heavy mass of matter in the mud or sand at
the bottom, and if the blocks are to come to the surface in the
highest tides an additional fathom at least will be required.
By sounding on a Northerly and Southerly line it was found,
and I believe. the fact is otherwise substantiated, that the water
shallows as you proceed Southerly, and of course that a line
of blocks from Bedlow's Island to Red Hook or from Oyster
flatt, to a point on Long Island near to or Southerly of Red
Hook, will be in less depth of water than between Governor's
and Bedlow's Island.-
I have remained in New York partly for the purpose of call-
ing the Commissioners together, whenever I should be furnished
with a description of the place of which the Cession of Juris-
diction might be required for the line of blocks and Chevaux de
frise. This information I solicited on their behalf in May last
and by this time you doubtless have all the requisite informa-
tion upon which to predicate a decision. I have no doubt that
within a few days after being informed of your decision upou
the place the requisite cession will be made by the Board.
I am also unofficially informed that in any event the acquisi-
tion of the title of Red Hook either for the purpose of being
reduced or of erecting a fortification thereon will be desirable.
But without the requisition of the President or yourself I am not
I
104 ANNUAL REPORT OF THE
authorised to proceed to a purchase or to the process prescribed
by law in the event of not agreeing with the owners. Your
direction upon this subject is also requested.
In case you fix upon Bed Hook as one end of the line of
blocks, I am willing to commence the expenditure there of the
$100,000 Dollars appropriated by the State. If, on the contrary,
you fix upon the line between Governor's and Bedlow's Island, I
am willing to spend it in aid of that system; and should you
select a line more southerly than either, I am willing to com-
mence immediately with our appropriation the protecting work
on the Easterly end of such more southerly line. At any rate
I shall be greatly obliged by being informed as soon as possible
of your final determination upon the place for the blocks, that
I may convene the commissioners to make the necessary cession
of Jurisdiction and that I may then proceed northerly where
the Frontier arrangements will speedily require my presence.
The little plan enclosed does not accurately shew the relative
position or distance of places but was merely designed to make
the relation of the soundings more intelligible.
The Honble. Henry Dearborn.
THE GOVERNOR TO PRESIDENT JEFFERSON REGARDING VIOLATIONS OF
THE EMBARGO AT OSWEGO.
New York, 22 August, 1808.
Sir: Soon after my letter relative to the proceedings at
Oswego* was dispatched I received communications from that
quarter which induced me to anticipate your answer, and I ac-
cordingly issued orders for a Detachment of militia to be sta-
tioned at that place and its vicinity. Col. J. W. Livingston,
*See Tompkins Papers, Vol. I, pp. 17, SO, 194-97, 207-9.
STATE HISTORIAN.
lOo
formerly a Captain in the U. S. Artillery, and one of my Aids,
has proceeded to Oswego to convey and Superintend the Execu-
tion of those orders. The troops will be stationed until the
twenty-fifth of September. A similar order was issued by me
in June for a detachment to be stationed on the New York side
of Lake Champlain, but the state of things having changed
before the arrival of the orders, the same according to a discre-
tion vested in the officer to whom they were addressed were not
executed.
%
Mr. Hart Massey of Jefferson County has accepted and quali-
fied to the Office of Collector of the District of Sacket's-harbour.
The proceedings of the former Collector have produced such a
situation of affairs in that part of the State that I have no doubt
he will need military assistance to enable him to check the
evasions of the Embargo Laws which according to rumour seem
to have proceeded theretofore at that place without suitable
resistance by the Collector or his assistants.
The detachment necessary to give the requisite aid to the Col-
lector at Oswego will not be more than one fifth or perhaps one
tenth of the number mentioned in your letter with which I have
just been honored.
There are three companies of regular troops in and near this
city which are filled or nearly so. Captain Townsend's company
of Light Artillery is complete; Captain Cock's of the Infantry
has upwards of forty recruits, and Captain Brooks upwards of
thirty and both will probably be filled in a week or fortnight.
Whether it would be proper to station part of them near the
frontiers upon the above service can be best determined by you.
Should such an arangement be consistent with the situation of
our foreign affairs it would obviate the extraordinary expenses
106 AiSiUAL REPORT OF THE
which will be incurred and the commotion which is excited by
detachments of the Militia.
It is desirable tha^ some competent legal character should
be sent to those places where violations of the Embargo Laws
are most frequent for the purpose of assisting the Collectors
with advice and collecting and forwarding the requisite Testi-
mony to convict the Offenders in the Courts of the United
States. I am persuaded a few prosecutions and convictions
would have a greater tendency to make the laws respected than
the appearance of a military force.
As soon as Mr. Gallatin who is now at New Haven returns I
shall consult with him and adopt such proceedings relative to
Sacket's-harbour and Oswegatchie as may appear lawful and
necessary.
Thos. Jefferson,
P. U. S.
THE GOVERNOR OPENS NEGOTIATIONS FOR THE PURCHASE OF RED
HOOK AND SO REPORTS TO GENERAL DEARBORN.
New York, 30 August, 1808.
Sir: Pursuant to the request in your last letter I have
attempted to negociate with the proprietors of Bed Hook for
the purchase of a part or the whole thereof.
Previously to their making a proposition as to the price, a
survey was required which I have had made accordingly and
enclose the result for your information. The proprietors have
a Dutch Patent extending to Low Water mark, but the survey
extends only to high water mark; of course upon a liberal
allowance for the quantity of Ground between high and low
water mark, the Island may be fairly estimated to contain 33
acres. For this quantity the proprietors demand Seventy-nine
STATE HISTORIAN. 107
Thousand Dollars, subject to a Lease of John P. Haff, for about
One acre, with a powder magazine, which he informs me yields
a nett income of Twelve hundred Dollars p'r year, and that,
therefore, the extinguishment of his Leasehold Interest, may be
calculated according to his ideas at Sixteen Thousand at least.
So that the Island within the line dotted with red Ink, including
two dwelling houses and appurtenant buildings, and the Maga-
zine according to the proposition of the proprietors, will cost
about ninety-five Thousand Dollars.
The second proposition related to my application for that part
of the Island only which would be indispensible for fortifications,
embracing the part westerly and northerly of the line dotted
with black Ink, comprehending about 18 acres, for which they
require Sixty Thousand, and which will then be subject to Haff's
Lease, estimated at Sixteen Thousand more, making in the whole
Seventy-six Thousand Dollars.
It is difficult to determine what would be the price which
would be allowed by a Sheriff and Jury, although I cannot
believe that it would amount to more than half the price
demanded by the owners.
I have mentioned to Col. Williams the result of my negotia-
tions and expect that he will furnish you with his ideas of the
actual value. Any directions which you think proper to give me,
after deliberating upon this information will be promptly
attended to.
The Honbl. Henry Dearborn.
GOVERNOR TOMPKINS CALLS UPON JUDGE VAN NESS FO'R A REPORT OF
ALL CONVICTIONS IN DEATH CASES.
New York, 12 Sep'r, 1808.
D'r Sir: I received your letter and am happy that my con-
108 ANNUAL REPORT OF THE
the case that you were satisfied with the conviction and accord-
ingly declined granting a respite. I would, however, remark
that it is customary for Judges to report all cases where death
is the punishment as well where they are satisfied with the ver-
dict as where they are not. This is frequently done in the first
instance by a concise statement of the Judge's opinion, leaving
the report of the Testimony and charge at length untill re-
quested; and it is also customary and deemed the duty of the
Judges to report all convictions of felonies before them on the
Circuit. I received Judge Thompson's report of convictions on
the Northern Circuit upwards of a month since. And I would
refer you to him for the form of his last report as a concise one,
occasioning very little trouble to the Judge, and yet sufficiently
copious for a General report. You will excuse the liberty I take
in suggesting this duty to you, for as it is not prescribed by any
particular Statute but depends on practice, I was not apprised
of it until after my first Circuit, when Governor Lewis suggested
it to me and called for a report of convictions before me on that
Circuit. You will therefore do me the Justice to believe, that as
no report has been received of the convictions had before you as
Judge, except in the special case of Williams, I presume you
have not been apprised of the practice and that motives of
friendship and respect induce the mention of it on this occasion.
The Honbl. Wm. W. Van Ness.*
* William W. Van Ness, jurist, born in Claverack, N. Y., in 1776, died in Charleston,
S. C., 27 Feb., 1823, was admitted to the bar in 1797, practised in his native town and
in Hudson, N. Y., was a member of the assembly in 1804-6, and the leader of the
Federalist party. He was appointed a judge of the supreme court in 1807, and held
office till 1822. In January, 1820, he was tried before a committee of the legislature
on the charge of using his office to obtain the charter of the American bank. The
trial was conducted with great ability, and Judge Van Ness was acquitted, but he
never recovered from the effects of the charge, and fell into delicate health. He
retired from the bench in 1822, under the act of the Constitutional convention of that
year, and resumed the practice of law. Dr. Jabez D. Hammond says of him: " He
was one of the shrewdest and most sagacious men whom New York ever produced,
of fascinating manners, and remarkable conversational powers."
STATE HISTORIAN.
109
Till: GOVERNOR DESCRIBES MINUTELY THE MILITARY SITUATION IN
THIS STATE TO GENERAL JAMES WILKINSON.
New York, 12 Sep'r, 1808.
Sir: On Saturday evening I was honored with your letter of
the 5th Inst. with its enclosures. I shall take pleasure in afford-
ing my instructions, advice and assistance in relation to the
service upon which the troops recruited in this State are des-
tined by your orders as the disposition of them may essentially
depend upon a variety of circumstances which it is in my power
to detail, and as your answer thereto may be received before the
New York companies will be prepared to depart and before
there will be an absolute necessity for their leaving this place,
I take the liberty of communicating for your information the
following particulars:
The District of Oswego comprehends' in width the shores of
Lake Ontario from near Sodus Bay on the South west to Salmon
Greek on the North East. At the port of Oswego a disposition
to make violent resistance to the Execution of the Embargo
Laws was manifested in July last upon which a company of
Militia was stationed there until the twenty-fifth of August by
the direction of the commandant of the neighboring Regiment.
That Detachment was relieved by my orders with another of one
hundred men who will remain in service until the 25 day of Sep-
tember inst. Ool. John W. Livingston, one of my Aids, has been
dispatched to superintend the execution of General Orders at
that place. I transmit a cppy of his first report to me specify-
ing the force adequate to preserve the execution of the laws and
its best arrangements. My acquaintance with the Port of
Oswego and the shores of the Lake in its vicinity induces me to
believe that the opinion of Col. Livingston relative to the nurn-
110 ANNUAL REPORT OF THE
ber and disposition of the Troops competent to maintain subor-
dination in that quarter of the State may be relied on as prudent
and accurate. You will please to regard his report as confiden-
tial, and communicated for your perusal only.
The District of Sackets Harbour embraces in width the shores
of Lake Ontario and the river St. Lawrence from Salmon Creek
on the south to the Canada line on the north. A company of
Regulars referred to by Col. Livingston under the command of
Lieutenant Cross, have arrived at that District and will be able
to accomplish the object of their destination until a reinforce-
ment arrives. In the Champlain District, comprehending Platts-
burgh I have ordered a detachment of Militia and have dis-
patched Col. Rodman, one of my Aids, on that expedition. Suffi-
cient time has not elapsed to enable him to make his report and
until he does, I cannot inform you whether one or two companies
will be detached. He was furnished with two setts of General
Orders, the one for two companies and the other for one, and
vested with discretion after ascertaining the complement neces-
sary to give effectual aid to the Collector to deliver to the
Brigadier General that order which the emergency might die- .
tate. The detachment is to remain on duty for 30 days after
their arrival at the place of rendezvous, so that the District of
Champlain may be considered as supplied with the necessary
military force until about the 10th of October next.
Captains Townsend, Cock and 13roo*ks were by orders from the
War Department instructed to recruit fifty men respectively.
This has been done and, therefore, unless orders for recruiting
beyond that number are to be issued, I presume your direction
to leave a subaltern Officer to keep open a Rendezvous, is not
intended to apply to them, or to other Officers who have their
STATE HISTORIAN.
Ill
compliment of fifty men. It is certainly desirable that the
recruiting service should be interrupted as little as possible, and
I, therefore, trust you will pardon me for suggesting an arrange-
ment which according to my present impressions is best calcu-
lated to promote the object for which the Troops have been
ordered to march and at the same time to produce the least sus-
pension or interruption of recruiting. By the map of this State
which, by the politeness of the Secretary of the Treasury, I am
enabled to enclose you, and from which you can Judge of the
propriety of my proposed disposition. You will discover the
relative positions of the recruiting Rendezvous within this State
and their situation with respect to the places at which the ser-
vices of the troops are required.
I. One of the New York companies or Capt. Anderson's of
Albany (if nearly filled) might proceed to Lake Champlain to
take the place of my Militia Corps early in October; Capt. Cross
of Salem in Washington County, might be directed in the mean-
time to press the recruiting service and hold himself in readiness
to march at a moment's warning. Under this arrangement he
might remain recruiting until one company should be found
inadequate to sustain the collector in the performance of his
duty upon such an emergency. The vicinity of Salem to Lake
Champlain would enable Capt. Cross to transport his men and
equipments to their assistance in less than five Days, by water
and in about the same time by land.
II. Two of the New York companies might proceed to Sackets
harbour and Oswegatchie to reinforce Lieut. Cross. Those com-
panies united with Cross' detachment will be amply sufficient,
and not more than sufficient to enforce respect to the laws in
that District. The evasions of the Embargo laws have pre-
112 ANNUAL REPORT OF THE
vailed principally in that Direction and as the former Collector
.has resigned and a new one entered upon the duties of his office
it is to be anticipated that the most formidable exertions will be
made to intimidate the new Collector and to persist at all events
in a continuance of those violations.
III. The County of Oneida joins the Oswego river on one side
and the County of Onondago on the other. Capt. Cherry is
recruiting in the County of Oneida and in all probability, has
nearly his complement of Men. He can therefore with his Men
repair to Oswego and also one New York company (or Capt.
Andersons, as the case may be), which two companies according
to the opinion of Col. Livingston, will be ample to compel a
respect to the laws there. Capt. Bennett at Cayuga, and Capt.
Rose at Cooperstown may remain at their respective recruiting
Rendezvous until their services are needed at Oswego, when the
former can in 48 hours, and the latter in 5 days join the troops
at O&wego. The Detachments at Oswego, Sackets harbour and
Oswegatchie may, and ought to act in concert, and be under one
command, but that which is to repair to Lake Champlain cannot
be conveniently under the same officer. The communication by
mail between the two places is through Albany, and only once
a week, and either of them can as speedily advise you at Phila-
delphia of any occurrence and receive as early an answer as he
can the commandant on the opposite frontier. The latter
detachment might, therefore, safely act distinctly under the
qualified command of General Woolsey, the Collector, who has
been a respectable revolutionary Officer and a General in the
militia of the District of Champlain. Should it be possible to
station a Field Officer in Albany, who might keep up a regular
correspondence with both detachments, and who would apprise
STATE HISTORIAN.
113
yourself and me constantly of the proceedings both on the
northern and western frontier and of the aid necessary to be
furnished from time to time, the public service would be greatly
promoted.
If it is not convenient to assign to such station a field officer,
then I would take the liberty of suggesting, that if there be no
violation of rank in the following disposition of officers, the
question of rank may for the present be disposed of by Orders.
€aptain Cherry, before his appointment, was a major in our
militia and 1 believe has held a commission in actual service, and
is upwards of 40 years old. Captain Townsend, was a Captain
in the New York Artillery. Captn. Brooks was a captain in the
•Common Militia and Capt. Cock, I know, never before held a
military commission and I believe Capt. Anderson is in the
same situation and they are all young men. Until their com-
missions are issued, the dates of which may decide the question,
it appears to me that age & former superior commission, experi-
ence and rank, ought to have influence in giving precedence in
rank on the duty contemplated by your orders, and, therefore,
according to the above proposed arrangement, Captain Cherry
ought to have the command on the western frontier; Captain
Town&end be second in command and Brooks third, the one at
Oswego, the second at Sackets harbour, and the third at Oswe-
gatchie. Capt. Cherry having been an Inspector of the Brigade
in Oneida and Teacher of a military society in Onondaga County,
which Two counties compose nearly all the Oswego District, he
will be more likely to be respected in that quarter and especially
will be enabled to produce greater harmony between the com-
mon militia and regular Troops when acting in concert, since the
8
114 ANNUAL REPORT OF THE
former have been in the habit of obeying and respecting him as
a military Officer and instructor.
Captain Cock & Capt. Anderson as I believe being unac-
quainted with military duty before their respective appoint-
ments will, most beneficially for themselves*, their Officers &
the public, be stationed, the one under General Woolsey, an
experienced revolutionary Officer, and the other with Capt.
Cherry, who is a good disciplinarian & acquainted with service.
This proposition will not be construed into a reflection upon
those officers when it is considered that Captain Cock and most
of the other officers included in the remark are my particular
acquaintances and friends, are intelligent, ambitious Young
Gentlemen of liberal education. But it appears to me that the
ardour and ambition of youth in the first Tour of active duty
may be most beneficially regulated and directed by more agedy
prudent and experienced officers. In case it should appear that-
Rose and Bennett have each recruited about 25 men, those men
might be ordered to join Capt. Cherry at Oswego and with his
recruits would be sufficient for that place & then it would be
advisable to leave one New York Company stationed near
Albany, which is the dividing point of communication between
the Northern and Western frontier, so that upon a pressure
they might march to the point of stress in either direction. If
no Field Officer is to take command or be stationed at Albany
and the Troops are to be subject to my instructions, it would
oblige me if you will in orders direct the officers to keep me regu-
larly advised of the proceedings and occurrences in the respec-
tive Districts.
You will perceive that by the above disposition of the five
companies which are complete or nearly so there will be no
STATE HISTORIAN. 115
interception of the recruiting, until some unexpected emergency
should require orders for the incomplete companies to repair
to the point at which assistance becomes necessary, and in such
case the companies from which no returns have been received
are so situated as to afford relief to the Western or Northern
Detachment upon very short notice.
I trust you will pardon the minuteness of this letter when you
reflect that my motives are to furnish such information as will
enable you to give further and more minute directions to me &
to the Detachment.
Since writing to the President advising him to station regular
troops towards the Frontiers, I have found it indispensible to
provide sufficient militia Detachment for Oswego & Lake Cham-
plain and the arrival of the Detachment of Kegular Troops at
Sackets Harbour diminishes my anxiety about the Execution of
the laws at that place. These occurrences with which you were
probably unacquainted, will I trust be regarded as a sufficient
apology for postponing the march of the New York companies
for a few days, but in the mean time, I have directed the cap-
tains to equip and prepare themselves to depart in One hour
after receiving your answer to this communication, and should
I be advised by our Officers on duty or the collectors before the
receipt of your further instructions of any event which renders
it necessary, I shall avail myself of your present orders to direct
the companies to rnarclj immediately.
Permit me to assure you, that I shall feel great satisfaction
in executing your present or any future orders and instructions
upon this subject which you may think proper to confide to me.
Genl. James Wilkinson.
ANNUAL REPORT OF THE
THE GOVERNOR'S AIM FOR DISINTERESTEDNESS IN SUGGESTIONS TO
GENERAL WILKINSON.
New York, 13 Sep. 1808.
Sir: Since depositing my letter of yesterday in the mail,
Capts. Townsend, Brooks and Cock have shewn me second
orders by which their stations are designated and their rank
established. Under these circumstances it is not my desire
that my observations in the former letter about the station or
rank of the Officers should have any operation to change your
arrangements.
Capt. Brooks has not received cloathing or arms for his com-
pany, but expects them daily. Upon receipt of the other equip-
ments, his departure need not be longer delayed as he may be
supplied at Albany with muskets from an arsenal in which the
United States have several Thousand in good Order. Capt.
Cock is supplied, but the muskets are of an inferior kind and
totally unfit for service. The Bayonets are attached to the
barrel of the musket but are so miserably sodered or fixed, that
a man may detach every bayonet from the gun by the strength
of One hand. It would, therefore, be advisable that he also
should have the liberty of exchanging them at Albany for arms
which are suitable for the duty upon which the recruits are
ordered. Cock £ Brooks have indifferent music. They can sup-
ply the defect by hiring at the same rate of wages as enlisted
musicians if that measure would be sanctioned. Altho' by the
tenor of your last Orders, which have been shewn me by the
Captains, it might be considered officious for me to give any
instructions upon the subject, yet when I observe that your last
arrangement is predicated upon the information of the Secre-
tary of the Treasury, and as the measure which I have advised
STATE HISTORIAN.
117
is after consultation with him and meets his approbation, I
hope you will pardon the interference. Brooks not being sup-
plied with arms and neither his or Townsend's presence being
indispensible at Lake Champlain immediately, we have advised
their continuance at Albany a few days, but Cock being ready
he is advised to pursue your last Orders immediately by trans-
porting his company with the others to Albany and there wait
but a few days for further Orders. This delay at Albany arises
from a coincidence in opinion between Mr. Gallatin & myself
that according to my impressions expressed in the former let-
ter, the more young, ardent and inexperienced officers should
be fartherest from the Canadian line, and the most experi-
enced nearest to it on account of our delicate situation with our
Canadian neighbors and on account of the peculiar prudence
caution and circumspection necessary in enforcing the execu-
tion of the embargo Laws there to the greater satisfaction of
our citizens and to the reputation of the Officers and Soldiers of
the regular corps.
I feel it incumbent upon me to repeat that my observations
relative to rank were not dictated by favour or personal con-
siderations, which you will readily allow when I inform you
that Capt. Cock was appointed upon my recommendation and
that he and. his brother (orphans) have been under my guardian-
ship from their infancy and their property to the present day has
been managed by me. Under these considerations of par-
tiality towards him and my regard for his officers, who are my
acquaintances, all of whom are under twenty three years of
age as I believe, I 'trust you will deem my suggestions upon the
subject as proceeding from disinterested and proper motives and
intended solely to promote the public good, and at the same
318 ANNUAL REPORT OF THE
time advance the popularity and satisfaction of the regular
troops under your command.
Genl. James Wilkinson.
THE GOVERNOR'S INSTRUCTIONS TO CAPTAIN COCK.
New York, 21 Sep'r, 1808.
Sir: By advice of the Secretary of the Treasury I have to
request you to proceed with your Company Westward as far as
Utica as soon as you are in readiness to march. I hope you
have all things arranged for your accommodation & conven-
ience on the road.
At Utica you will receive further instructions for which you
will wait there. Should you find upon enquiry that the road
from Johnstown is the most convenient and direct to Sackets
harbour, you will stop there or near it a short time and duplicate
Instructions will be directed to you there.
Col. Simonds leaves Philadelphia on Thursday for this city.
It will, therefore, be well to drop a letter on the receipt of this
directed to him at New York advising him of your movements
and also General Wilkinson. I shall be happy to hear from you.
Permit me to repeat the necessity of a careful adherence to
the advice which I have given you relative to the deportment of
your company on the road. On my return from New Haven,
which will be about Sunday next I shall address you again and
furnish you with letters of Introduction at the place to which
by ultimate orders you will be destined.
P. S. Capts. Townsend & Brooks may remain in Albany or
near it until further orders.
Capt. Wm. Cock.
STATE HISTORIAN. 119
THE GOVERNOR GIVES SOLDIERLY INSTRUCTIONS TO THEI THREEl CAP-
TAINS ORDERED TO LAKE CHAMPLAIN.
New York, 15 Sep. 1808.
Gentlemen: Pursuant to the request of General Wilkinson,
I take the liberty of offering to your consideration the following
advice relative to the duty upon which you and the companies
under your command are destined by General Orders of the 5th
& 7th Inst*
You ought without an hour's delay to prepare for your Jour-
ney and embark on board the sloop Atlantic, Capt. Winslow for
Albany (which vessel has been chartered by Capt. Whiley for
the purpose) by Saturday of this week. You will remain at
Albany a few days for further Orders from your General, or for
.additional advice from me. Upon the receipt of such further
Orders or additional advice you will repair to the several sta-
tions assigned you without a moment's delay. To prevent pro-
crastination you are to take measures upon your arrival at
Albany to have your camp equipage and other equipments and
the arrangement for the conveyance of them in such a state of
forwardness as to require no delay upon the receipt of further
orders or advice. When on the Journey you are to conduct
and are strictly charged to see that your officers and men
demean themselves with the greatest decorum, civility and pro-
priety, avoiding every species of disrespect, rudeness, insult or
Trespass to the Inhabitants of the Country thro' which you
pass.
On your arrival at your respective stations a very delicate and
responsible duty will devolve on you. Firmly to sustain the
collector in the Execution of the laws and at the same time to
^Tompkins Papers, Vol. I, pp. 207-9.
120 NUAL REPORT OF THE
avoid giving any uneasiness or offence to the peaceable Citi-
zens of the State, is a task requiring no ordinary share of
vigilance, prudence and circumspection. Difficult as the task
may be, it ought ever to be the pride of a good officer to per-
form his duty strictly and firmly, but politely and without a
particle of moroseness, or ostentation of power. By a discreet
exercise of moderation, circumspection, prudence and firmness
resorting to force only where persuasion and caution prove
unavailing, you will meet with little mortification or difficulty.
It is also incumbent on you to avoid as far as may be consistent
with your orders and duties, any expression or conduct which
may justly be construed into disrespect to, or excite irritation,
offence or alarm in our Canadian neighbors. And more
especially you will regard and pay great deference to the civil
authority.
You will advise me until a field officer may be placed over
you, constantly and regularly of any important movements,
occurrences and events within the limits of your station.
To prevent any unnecessary altercation about precedence or
rank on your Journey to and during your continuance at
Albany, each company will be considered distinct from the
other and be under the separate command of its own Captain
except in emergencies when it may be necessary to act in con-
cert in which cases only, until further Orders, will rank accord-
ing to the arrangement specified in General Orders of the 7th
Int.
Your encampment at Albany will afford an excellent oppor-
tunity for perfecting your several companies in platoons, com-
pany and Battalion movements and exercise, which opportunity
ought not to pass unimproved.
STATE HISTORIAN.
121
Until further provision Ensign Charles K. Gardner, will act
as Surgeon to the three companies, with such assistance in
special cases as the respective Captains may advise and require.
The complaints in this City which have been noticed of the
interruption and umbrage occasioned by conducting the Inspec-
tion of Companies on the Sabbath with too much publicity, will
be a sufficient caution to pay suitable respect to the feelings and
opinions of the community in the performance of that duty on
your march and at your stations.
Sincerely wishing you an agreeable journey and much happi-
ness, satisfaction & reputation in the discharge of your
important trust,
To Captains Cock, Brooks & Townsend.
COLONEL LIVINGSTON NOTIFIED THE TROOPS ARE ON THE WAY.
New York, 21 September, 1808.
Dear Sir: I have received your several communications which
are perfectly satisfactory. The regular Troops are on their
way to relieve the Detachment at Oswego and other stations.
It is uncertain when they will arrive. If they should not be at
Oswego before the 26th, I will thank you if possible to prevail
upon the Detachment or a part of them to remain on Duty for a
few days until the arrival of the regular companies. Three com-
panies recruited in this city are now at Albany and the com-
panies recruited to the Westward are under marching orders.
Col. Simmonds of Pennsylvania leaves Philadelphia tomorrow
to proceed after them and have the command. Wishing you
health & a safe return to your family & friends,
Col. J\ W. Livingston.
'
122 ANNUAL REPORT OF THE
THE GOVERNOR EXPLAINS WHY THE GOVERNOR ALONE CAN CONSTI-
TUTIONALLY COMMISSION MILITARY OFFICERS.
New York, 21 September, 1808.
Dear Sir: It is not very easy to decide promptly and accu-
rately upon all the points submitted by your letter of the 10th
Instant.*
With respect to the certificate of the election of a Member of
Assembly for Niagara, your advice to the clerk was perfectly
accurate: that is, to state the case specially. Any threat of
prosecution for such proceeding ought to be regarded as an idle
threat not worth notice. The Legislature will give a Seat to-
that Member who has a majority of votes & even if there were-
no Clerk of the County and it should be ascertained from the cer-
tificates to be lodged in the several Town Clerks Offices that a
particular person had a majority of votes the Legislature I have-
n ' doubt would give that person his Seat upon that Evidence
aloae.
*James W. Stevens to Daniel D. Tompkins — Batavia, Genesee County, Sep. 10, 1808.
His Excellency Daniel D. Tompkins Esquire.
Dear Sir, In consequence of some irregularity in the Secretary's Office respecting.
Military Commissions some disturbances have been produced in the County of Niagara
by the persons intended to be commissioned for that County who have conducted them-
selves in a very insolent and abusive manner towards the Clerk of that County in
consequence of his refusal to receive their qualifications and to deliver them their
Commissions. In this embarrassment he has written to me stating the circumstances
of the case and soliciting me to advise him what line of conduct he ought to pursue-
in this emergency.
He informs me that he had received from the Secretary's Office a number of Mil-
itary Commissions for persons now residing in the County of Niagara issued under
the signature of Morgan Lewis which except one have not passed the Secretarys
Office or rather the blanks of that part of the commissions though signed by the
Secretary are not filled up which created a presumption that these Commissions have-
never been recorded. He also informs me that he has received some military Com-
missions made out under your signature for the county of Genesee but for persons
now residing in the county of Niagara which I suppose at the time these Commis-
sions were made out was part of the county of Genesee. I have stated to him as
my opinion that he cannot legally receive the qualifications of persons thus commis-
sioned because he has no right to officiate as clerk of the county of Genesee and
because I conceive that those commissions not having passed the Secretary's Office-
are in their present form void. I have also informed him that if the qualifications
of such persons can legally be receievd by any persons those persons must be the
clerk or judges of the county of Genesee, and in that case the persons thus commis.
sioned could only act within the present limits of the County of Genesee. I have-
STATE HISTORIAN. 123
But in this case I should advise the Clerk to pursue the
course YOU have pointed out to him.
As to the Military Commissions, there is some difficulty upon
one ground, namely, the mention of Genesee County in some of
the Commissions for persons resident in Niagara. The reason
of this Mistake has undoubtedly been, that the returns were
made before the County was set off, and as we were very uncer-
tain whether the Bounds of the Regiments and Battalions cor-
responded with the limits of the Counties, we were reduced to
the necessity of either omitting to make the appointments or of
making them upon the best information we had, which it is very
reasonable to suppose was not very accurate. It would, there-
fore, be desirable that a memorandum of these mistakes,
together with such Information as will enable us to rectify them,
should be forwarded to the Council at the November session
of the Legislature, when they will chearfully rectify them, and
give rank to the several officers from the Date of the Erroneous
advised the Clerk of Niagara County not to receive the qualifications of the persons
thus Commissioned but to transmit those Commissions to me and I have informed
him that in the mean time I would write to your Excellency on the subject.
In order to remove the difficulties & contentions which are likely to prevail in con-
sequence of these irregularities I would solicit your Excellency to advise me what is
best to be done. Whether the Clerk of Niagara County or the Clerk of Genesee
County or neither of them can act legally in cases of this kind or whether it will
be proper for me to return those Commissions to the Secretary's Office in order that
they may be either rejected or modified in such a way as to enable the Clerk of
Niagara County to receive the qualifications of the persons thus Commissioned and
to authorize those persons to act in that County.
Some contentions have likewise taken place in Niagara County respecting their
member of Assembly and the Clerk of that County has in consequence received some
abuse. The Dedimus Potestatum for that county having been omitted the Clerk was
not authorised to act at the time the returns of the late election were made to him
and the returns consequently could not be made within the time limited by law.
It is now contended by the party opposed to the prevailing candidate that his Election
is void and that he will not be permitted to take his seat in the Legislature. The
Clerk has been threatened with prosecution in case he should furnish this candidate
with a certificate of his Election &c. I have however recommended to him to state
the case specially and to submit to the decision of the Legislature at their next
session. But whether this. is the proper line of conduct for him to pursue I refer
to your Excellency to decide and your decision I presume will moderate the violence
of the contending parties.
I have the honor to be with great respect, Your most Obedient and very humble
servant,
James W. Stevens,
elk. of Genesee County.
'
124 ANNUAL REPORT OF THE
Commission. If they should decline waiting for that proceed-
ing, I am doubtful at the present moment what course to advise
the Clerk to pursue. Perhaps the one pointed out by you is
the safest.
But with regard to the circumstance of certain Commissions
signed by Governor Lewis not appearing to have passed the
Secretary's Office at any particular date, I incline to the opinion
that it is not a material circumstance.
The Governor has the sole controul of the Privy Seal with
which Military Commissions are sealed and He by the Consti-
tution is to Commission all Officers.
When, therefore, a Commission is duly sealed and has the
Governor's Signature, it appears to me it has all the requisite
solemnity to give it validity and authorise the Clerk to qualify
the person named in it; provided, there be no objection to such
qualification arising from other circumstances; such for example
as its purporting to be a Commission for another County.
You will also perceive by the Act of 20 March 1801 (1 Vol.
Laws N Y page 203 & 204) that papers issuing under the Great
Seal are alone required to be entered of record in the Secretary's
Office.
James W. Stevens.*
THE GOVERNOR TO COLONEL SIMON DS RESPECTING THE SITUATION
ALONG THE FRONTIERS.
New York, September 26, 1808.
Dear Sir: In pursuance of the authority and request of Gen-
eral Wilkinson, I take the liberty of suggesting for your con-
* James W. Stevens, County Clerk of Genesee County, April 4, 1803, to March 7, 1810.
STATE HISTORIAN.
125
sideration the following ideas relative to the disposition and
duties of the detachment of regular Troops destined by General
Orders for service on the frontiers of this State.
For the Champlain district, 1 would advise that Captain
Townsend's Company of Light Artillery be stationed at or near
Champlain in Clinton county.
That Captain Brooks's Company of Infantry be stationed at
the same place or at Plattsburgh or at some convenient point
between Plattsburgh and Crown point. That Captain Cross's
recruits be stationed under two of the Officers of his Company
at some proper position at or near South Bay in Lake Cham-
plain. And that the other two Officers keep open the recruiting
rendzvous. The positions at which the above companies may
be most beneficially placed can be more judiciously determined
upon by General Woolsey. One of my Aids, is now in that quar-
ter with a detachment of militia.
I have directed him upon examination and consultation with
General Woolsey, to report to me the force adequate to sustain
the Collector and the most Judicious arrangement and disposi-
tion of such force. His report on this subject will be received
before it will become necessary for Captains Brooks and Towns-
end to relieve my Militia Detachment, and it shall be immedi-
ately communicated to you for your further information upon
that point. Upon your arriving at Champlain district, in your
tour through the frontiers, you will be best able to ascertain
the best method of stationing the three companies who are to
repair to that quarter and will, therefore, then act in that par-
ticular according to your own Judgment without considering
yourself in the least controuled by my present remarks.
With regard to the Western frontier I would advise that
Captains Cherry & Cock with their respective companies should
126 ANNUAL REPORT OF THE
be stationed at Oswegatcbie in the County of St. Lawrence,
That Captain Bennett with his Company should repair to
Sackets Harbour in the County of Jefferson, to reinforce a
detachment already there under the command of Lieut. Cross,
and that Capt'n Anderson's Company should march directly for
Oswego. This arrangement leaves Capt'n Rose's Company of
Light Dragoons undisposed of. He may, therefore, be directed
to press Recruiting service until he has obtained his compli-
ment of men and measures may be taken in the mean time to
have the equipments for his company in a state of readiness.
When his company is complete, I would advise you to direct
them to march to Utica or Albany and remain there as a reserve
to be dispatched by you upon any emergency either to the North-
ern or Western frontier.
With respect to yourself, it will undoubtedly be agreeable to
you and I would advise your visiting in the first place the
several stations above referred to, commencing with Oswego
and proceeding thence to Sackets Harbour & Oswegatchie, and
from thence crossing by Land to Lake Champlain, if it be con-
venient and if not to follow the St. Lawrence to the outlet of
Lake Champlain', and from thence to Plattsburgh by Water.
From the latter station you can proceed to Albany, where ac-
cording to my present impressions will be the best position to
communicate and receive with the greatest exp^'Icion informa-
tion to and from your several officers.
Should you, however, be of opinion after performing the cir-
cuit that Utica will be a more eligible spot for your position it
will be equally agreeable to me.
I submit to your Judgment, whether the Company of Light
Dragoons kept in reserve ought not after leaving their recruit-
STATE HISTORIAN. 127
ing rendezvous, to repair to that station at which you fix your
headquarters?
Besides the benefit they will derive from being under your
own Eye, with respect to Information and discipline, they may
act as Expresses between you and the different stations as
occasion may require and will be able more promptly to fulfill
jour orders, whenever an emergency in either direction may
require their march to the point of stress.
The delicacy of the service which the Troops are to perform,
both as it respects the suspicion which may be excited in our
€anadian neighbours, and the peculiarities of the Duties encum-
bent upon the military, induces me to believe that it will not
be advisable to place them under the unqualified controul of the
respective collectors; some of whom are not military men, and
have but recently commenced the duties of their civil station.
I beg leave, therefore, to recommend that your orders should
explicitly define the powers of the military officers and point
out their duties with regard to the support of the collectors,
and Enjoin upon them a Diligent and prompt attention to the
performance of those duties; and it might be well to furnish
the collectors ^ith a copy of your instructions, to the end that
they should call for military aid in such cases only, as the
instructions of the officers enable them to afford it.
In his last letter, General Wilkinson informs me that revolu-
tionary service, does by existing regulations, Establish Senior-
ity in all similar grades without appeal. Capt'n Cherry, having
as I am Informed and believe, held a Commission of Lieut, in
the American War, under this regulation is entitled to Seniority.
Captain Bennett is the only one who has drawn elder than
Capt'n Cherry. By changing these two, and placing Cherry and
128 ANNUAL REPORT OP THE
Bennett second, I presume no further interference with the
Bank established by the ballot at Head quarters will be neces-
sary or proper.
It will be proper to advise James Byers, Jr. of Springfield,
Massachusetts, of the necessity of furnishing rations at the
several stations. Or to see if possible his agent at Albany on
your journey to the Westward.
A copy of my letter to Capt'n Cock and of my Instructions
to the Captains who recruited in this City are annexed for your
further information.
Col. Jonas Simonds* N York.
THE GOVERNOR'S IDEAS RELATIVE TO THE AUTHORITY OP THE
MILITARY IN COOPERATING WITH THE! CIVIL AUTHORITIES.
New York, 28 Sept'r, 1808.
Dear Sir : Not having been informed of the powers and duties
which were intended to be vested in and performed by the
Detachment of Regular Troops which is to be stationed on the
frontiers of this State, I feel some hesitation in the respon-
sibility of pointing them out. But as it is necessary that you
should depart for Albany before further Instructions can be
received from the seat of Government, and as it is proper that
you should be relieved as far as possible from perplexity and
embarrassment, the following principles are suggested as the
result of my present impressions upon that subject.
The Collectors and their subordinate officers are the only per-
sons who are authorized to execute the Revenue and Embargo
Laws. But when their endeavors to perform their duty are
•Colonel Jonas Simonds, commanding Sixth United States Infantry.
STATE HISTORIAN. 129"
resisted, that resistance ought and must be overcome. For thi»
purpose I presume the military detachment has been ordered
to the frontier districts. It appears to me, therefore, that the
Detachment will until further orders be limited in relation to the
Embargo laws to the following duties:
1st. To support the Collector and his subordinate Officers in
their attempts and endeavours to search, detain, or seize ves-
sels or property contravening the Embargo Laws.
2nd. To repel and suppress by force, if necessary, any armed
or violent attempt of Individuals or unlawful combinations of
men to intimidate and assault the Collector and his Officers in
the execution of their duty, and to resist and prevent the
destruction, rescue or forcible removal from the legal custody
of the Collector or his Officers of any vessels or property seized
or detained by him under the revenue or Embargo laws.
III. To aid in suppressing any insurrection which may exist
in the District first consulting and acting with the advice and
approbation of three Judges or Justices of the County in which
such insurrection may exist.
It will be best in all cases to forbear the exercise of force
until it is clearly ascertained that persuasion and moderate
measures are unavailing and even then to use no more violence
than is necessary to overcome the resistance.
Col. Jonas Simonds New York
THE GOVERNOR ISSUES FURTHER ORDERS TO THE CAPTAINS ORDERED
ON FRONTIER DUTY.
New York, 28 Sept'r, 1808.
Gentlemen: CoPl Simonds has arrived at this place. The
following are the stations of the respective companies as ulti-
9
130 ANNUAL REPORT OF THE
mately determined upon and to which they will respectively
march without delay:
Capt'n Townsend at or near the Town of Champlain in Clinton
County.
Capt'n Brooks at the same place, or at Pittsburgh in said
county.
Capt'n Cross' Company will remain at Salem in Washington
County pressing the recruiting service until further orders from
Col. Simonds.
Captains Cherry & Cock will proceed without delay to Oswe-
gatchie in St. Lawrence County.
Capt'n Bennett will proceed to Sackets Harbour and Capt'n
Anderson will proceed without delay to Oswego.
Capt'n Rose will press the recruiting service and wait the
orders of Col. Simonds for his march to such place as Col.
Simonds shall by order direct.
The several Captains hereby directed to march will be careful
to proceed without a moment's delay advising General Wilkin-
son, Col. Simonds and my self of their departure, movements and
arrival. On the arrival of Col. Simonds at the several posts
which he intends to visit, he will give all needful orders, which
are to be strictly obeyed, notwithstanding they may contravene
the instructions which have been given by Me. It is perhaps
proper for me to observe that, altho the Orders of General Wil-
kinson of the 5th and 7th Inst. expressly required the several
Captains to notify me of their movements, I have as yet received
no information from any companies, except those which were
recruiting in the City of New York. Officers must remember that
a neglect of duty in this respect is extremely improper & will
not in future be tolerated.
STATE HISTORIAN. 131
The consequence of marching without apprising me thereof
may be that some companies destined by ultimate arrangement
for one place may have marched without any knowledge for
.another, and thus extra expense and delay may be occasioned.
•Captain Cock will proceed from Utica to Oswegatchie, and Cap-
tain Cherry, if still at Utica, will proceed in company with him
or as soon afterwards as possible.
Capt'n Cherry being the senior officer, will take the command
of the two companies on the Journey and at Oswegatchie, sub-
ject to the Instructions and Orders of Col. Simonds. If it should
appear on the receipt of these orders that Capt'n Anderson has
proceeded to Oswegatchie and can not be informed seasonably
to remain at Sackets Harbour, then Capt'n Cock will stop at
.Sackets Harbour until the arrival of Col. Simonds, who will
make the necessary arrangements for the Exchange of Positions.
Should Capt'n Bennett before the receipt of this Information
have arrived at Oswego, and Capt'n Anderson have proceeded
for Oswegatchie, in that case Capt'n Bennett will remain with
liis company at Oswego, until Col. Simonds may give orders for
his marching for Sackets Harbour.
A copy of my Instructions to Col. Simonds and of General
Wilkinson's letter to me are annexed for your information &
Government until the arrival of Colonel Simonds.
Capt'ns Cherry, Bennett, Cock, Brooks, Cross, Rose, Anderson,
Townsend.
THE GOVERNOR'S BELIEF THAT THE MILITARY SHOULD ACT AS
AUXILIARIES TO THE COLLECTORS IN EMBARGO AFFAIRS.
New York, September 28, 1808.
Dear Sir: Absence from the City prevented my receipt of
your letter of the 16th Instant until the 26th and the pressure
132 ANNUAL REPORT OF THE
of public business on account of the presence of the Secretary
of War and Col. Simonds and with the affairs of this State, must
be my apology for omitting an answer until this day. I take
the liberty of enclosing copies of all the Instructions and advice
which I have given and the letters written and received, touch-
ing the subject to which your orders relate. I have received
no communication, verbal or written, from any of the Captains,
except those whose Companies were recruited in this City.
Capt'n Cock mentions incidentally in one of his letters that
Capt'n Anderson had marched from Albany on Friday the 23rd,
of which I have not had information from any other quarter,
or any notice of such movement contemplated.
For this reason I hope you will not deem my remarks upon
this point in the Instructions to the Captains as unseasonable
or improper.
You will perceive that a small alteration is made in your
arrangement of the stations of the respective companies, the
reason of this when explained to you by Mr. Gallatin will I trust
be satisfactory.
Col. Simonds is also acquainted with them and both the Sec-
retary of the Treasury and Col. Simonds approbated the meas-
use. But if without notice to me, Capt's Anderson and
Bennett have proceeded so far as to render the change of the
arrangement troublesome and inconvenient, you will observe
that, in that case, I have directed Bennett and Cock, to take
the stations originally mentioned by you.
I am so much pleased with the candour, discretion and intelli-
gence of Col. Simonds, that I am perfectly satisfied that all
future orders and directions to the several companies may, with
the utmost propriety be submitted to him, with such instruc-
STATE HISTORIAN.
133
tions as you may from time to time give him. I have no objec-
tion, however, to take such future agency in the business as
you may think proper to request.
By the Embargo laws the President is vested with very broad
discretion and, therefore, may perhaps have power toi cloathe
a Military Officer with authority to arrest and detain property
which he may suppose destined for Exportation in contravention
of the laws.
But until such power is delegated by the President, I am of
opinion the power of the Military extends no farther than to
act as Auxiliaries to the Collector and his Deputies, and that,
therefore, the presence of the Collector or some of his subordi-
nate officers, would be necessary to give legality to a seizure.
I consider this caution necessary at present to protect the
Military officers from being harrassed with suits for seizures
without the presence of the Collector or his deputies, the Issue
of which prosecutions, according to my present impressions,
would be doubtful, as the Secretary of the Treasury informs me
that he has authorized the several collectors to appoint any
number of Deputies they may think proper, there need arise no
detriment to the public Interest from the restrictions imposed
upon the Detachments.
But if I am mistaken in my ideas upon the subject, and have
fallen short of the Views of the President, I have to request
that you will be so good as to apprise the President of it and
request that the Detachment may be furnished by the Officers
of the General Government with such specific detail of their
powers and duties as will enable them to accomplish the Presi-
dential Will.
Genl. James Wilkinson, Carlisle, Pennsa.
I
134 ANNUAL REPORT OF THE
GOVERNOR TOMPKINS TO THE GOVERNOR OF SOUTH CAROLINA IN A
REQUISITION CASE.
New York, 29 September, 1808.
Dear Sir: Your first letter* requesting the delivery of
Arthur Miles, as a fugitive from Justice, not being accom-
panied by a certified copy of an affidavit, charging him with a
crime, or with the copy of an Indictment, I had doubts of the
Propriety of my Interference.
But your second letter removed the difficulty. Upon the
receipt of which I immediately gave directions to search out
Gapt's Flagg or Slocum. The latter having been found the
requisite order was given for Miles to be delivered to him, and
he will be delivered accordingly this day or tomorrow.
His Excellency Charles Pinckney Govr. of South Carolina.
GOVERNOR TOMPKINS TO A COMMITTEE IN REGARD TO ROAD*
COMMISSIONERS IN DUTCHESS COUNTY.
New York, 15 October, 1808.
Gentlemen: Herewith I transmit to you a permit to erect a
Gate on the Ten Miles of the Highland Turnpike, which has,
been completed from Poughkeepsie northwardly. I should also
have accompanied it with an appointment of permanent inspect-
ors of that part of the road which passes through Dutchess-
county, were it not that I was apprehensive the Gentlemen
named by you, did not live in a part of that county convenient
for the purpose.
*Not found.
STATE HISTORIAN. 135
I believe they all live in the northern or Eastern part of the
county and some distance from any part of the road, the con-
sequence of appointing men thus resident would be to defeat
in some measure the object of the Legislature. For when the
whole of the Road passing through Dutchess is completed, which
must be anticipated in this appointment, there might be parts
out of repair in places so remote from the Inspectors, that
persons acquainted with the circumstance and aggrieved by it
would rather submit to the inconvenience of its remaining in
that state, than be at the trouble and expense of complaining
to the Inspectors.
I could, therefore, wish that you would mention three suitable
persons residing in that part of the county through which the
road passes, one at Fishkill or between that place and West-
cheater county — one at Poughkeepsie or between it and Fishkill
and the other as far northerly as Rhinebeck.
Permit me to observe that the men named by you some of
whom are known to me, are very suitable and proper characters,
and that my hestitation in appointing them arises solely from
their local situation.
The Honbl. John Johnston, Robt. Williams & Wm. Davis, Esq.
THE GOVERNOR APPREHENSIVE THAT CERTAIN ORDERS HAVE NOT
BEEN PROMULGATED.
New York, 15 October, 1808.
Dear Sir: The reason of my not answering your letter of
May was, that I did not receive until my return from the Council
of Appointment late in June, and that soon after some person
136 ANNUAL REPORT OF THE
called on me on other business, and incidentally mentioned that
you desired him to inform me that the orders had not been
received. In answer, I informed him that I gave written direc-
tions to the Adjutant General to Issue the orders and presumed
it had been done, but as it was necessary that the order should
go through the Hands of the Generals, it might perhaps have
been delayed in that quarter, but would probably shortly be
known to those concerned. I have an impression that Mr. Pelton
was the Gentleman to whom I made this reply and from his
vicinity to you, I presumed his mentioning the reply would
supersede the necessity of a written answer, especially as you
probably knew my private secretary was not in town, and that
I was very much pressed with public business. Your Brother,
Senator Ward, also mentioned this subject to me before he left
Albany and I then informed him also, that I had directed orders
to be issued upon your complaint against Col. Pell, of which
he intended to inform you by letter. I hold every officer respon-
sible for the duty incident to his particular station. When
I arrive in Albany it is my intention to ascertain from the Book
of General Orders, whether the Adjutant General has complied
with my directions. If he has not, I shall hold him responsible,
but if he has and the General Orders were duly issued, I shall
trace them until I find where the delay has happened and pro-
ceed accordingly.
I have not been able to go to Albany since June, but expect
to set out on Saturday next, and immediately on my arrival
will ascertain by the orderly Book where the neglect has
happened.*
* Charges were preferred against Colonel Pell. See Tompkins Papers, Vol. I, pp.
174-175.
STATE HISTORIAN. 137
Permit me to assure you, that I regret that my orders have
Dot been attended to, and that I shall call the proper officer to
account as soon as I can ascertain where the fault lies; and will
immediately thereupon apprise you of it.
Major Rich'd Ward.
THE GOVERNOR OF THE OPINION THAT A PROPORTION OP THE CANNON
IN THE HARBOR DEFENCES OF NEW YORK BELONGS TO THE
STATE.
New York, 19 October, 1808.
D'r Sir: I have received your letter of the 16th; as you mention
that the accounts rendered are to be found in the Comptroller's
office of this State, I shall lose no time after my arrival in
Albany, to ascertain the real state of the charges for cannon &ca.
and will then write to you particulary on that subject. In the
mean time, I have directed the Commissary of Military stores,
to desist from removing the artillery &ca. from the Arsenal
ground ceded to the United States. I am inclined to believe
that a proportion of the Cannon in the works formerly erected
in this Harbour belonged to the state long before those works
were commenced, & were never charged in the account. I shall,
however, investigate the subject, and if it be found they really
belong to the United States I shall have no disposition to con-
trovert a just and reasonable claim.
Will you have the Goodness to inform me. whether a Colonel,
Lieutenant Colonel or Major of Artillery, will be taken from
this State, as I have in view two or three Gentlemen who I
believe would be suitable characters for those offices. But I do
not wish to trouble you with recommendations unless there are
vacancies which are to be filled from this State.
138 ANNUAL REPORT OF THE
I have no doubt the appointments of Field Officers already
made, will be found to be perfectly proper and Satisfactory.
The Honbl. Henry Dearborn.
FORTIFICATIONS ON STATEN ISLAND.
COLONEL WILLIAMS COMPREHENSIVE PLAN FOR THE DEFENCES AT
THE NARROWS.
New York, October 21, 1808.
Sir, In the repeated interviews with which I have been hon-
ored by your Excellency, my constant disposition to render any
Acceptable service to the state and city of New York, respecting
the fortifications proposed to be made, in addition to those now
making, by the United States, will, I trust, have been abundantly
testified. The letter of the Secretary of War, of the 27th Sep-
tember, which you were pleased to deliver to me, could, there-
fore, only add the sanction of high authority, to what my in-
clination prompted me to perform.
In obedience to the secretary's orders it becomes my duty to
present you with a " a Plan of an enclosed work on Flag-staff
hill, to be erected under your directions, at the expense of the
state of New York."
I have mKre than once observed to your Excellency, that a
defence at the Narrows, of any kind or any Magnitude, could
in no wise render the interior defence now prosecuting within
the harbour less necessary or important. It would be as vain
to rely on the exterior without the interior defence, as the most
sanguine partizan for the fortifications at the Narrows, could
suppose it to be, to rely on the latter without the former. In
my opinion both are indispensably connected, tho' if our means
STATE HISTORIAN. 139
were only capable of embracing one, I should prefer that which
would with certainty prevent a ship from lying near the town,
to that which would very probably prevent the passage of a
ship through the Narrows; since the utmost success of the
enemy, would in one case, be but a small comparative injury,
(only the injury that could be done in passing) while in the other
a passage of the first and only barrier, would be followed by a
total prostration.
I have on former occasions stated, that a complete defence at
the Narrows, ought to consist of strong batteries on each side,
and obstructions in the middle; these last might be temporary
and occasional,, and if they were only such as to arrest the
progress of the enemy for a short time, the batteries in that
lime wo>uld certainly disable and probably destroy him.
To begin with that side near Long Island. I have shewn to
your Excellency, (when you honored me with your Company on
board the Engineer Cutter,) that Hendrick's reef has upon it
but Eight feet of water, at half tide, between four and five
hundred yards from the shore; and that there is a sufficient
space on a solid bed of rock, to erect a Castle of any requisite
magnitude. Let us suppose that a Castle were erected here,*
•composed of two circular towers, inscribing 270 degrees, in the
manner of the castle that is now building at the western point
of Governor's Island,f and that ~hese were joined by a right
line of the same composition. Such a castle could be made to
mount between two and three hundred guns, and one half of
its force would bear upon a ship from the first moment she
•came within cannon shot, to (even if she should pass) the last
*An idea that developed later into Fort Lafayette.— STATE HISTORIAN.
present Castle Williams named in honor of its projector.— STATE HISTORIAN.
140 ANNUAL REPORT OF THE
moment she sailed without it; while the ship could not do the
smallest injury in return. A similar castle of two towers united
in like mannner by a Courtine on the Btaten Island side, upon
the point I indicated to you, forming the angle of the entrance
of the Narrows, at the S. W. extremity, with a breastwork on
the sand beach, which projects to the eastward of it, and imme-
diately under the highesf land, would present at least all equal
number of Guns, and the distanjice between these Castle's being
al most 1600 yards across the Narrows, this tremendous fire
must take effect, at only 800 yard®, which is but little more than
battering distance, even if stone instead of wooden walls were
to be attacked, and with every facility for a quick fire and
accurate diredion. In speaking of these Castles, I beg that it
may be remembered, that I speak of casemated works, whose
ample barracks are under one cover, like ships decks, where
nothing is liable to the attacks of the weather, nor the decay
of time, except such as a very slight tho' constant attention
would always remedy; in short, works, that except in time of
war and when an Action may be daily expected, would require
only a subaltern's guard; for since one man could by daily care
keep ten guns in good order, when completely housed, thirty
effective men would be a sufficient guard for a whole castle.
As the defence of these Castles requires no other organization
than what is requisite merely to load, point and fire upon an
object as it comes into view, a number of citizens might be
classed and trained so as to repair to their posts in time of
need, with as much celerity and knowledge of their duty, as
the Firemen of New York do in cases of alarm of another kind.
And respecting expenses, it may safely be asserted, that reckon-
ing in proportion to the number of guns to be mounted, it is
by far the cheapest mode of fortification ever yet invented.
STATE HISTORIAN. 141
But to secure these Castles from attack in the rear, it becomes
necessary to possess the high ground on Flag-staff hill, es-
pecially as the proposed Castle and breast work are connected
with the land. The heights on Long Island become less impor-
tant in this point of view, owing to the distance of Hendrick's
reef from the shore, tho it certainly would be expedient to erect
a protecting redoubt there, especially to insure a supply of
water. The Staten Island height may be considered as inac-
cessible on the side of Narrows, owing to its very steep ascent
and great height (being about one hundred and seventy feet in
an angle of 45 degrees and in some parts nearly perpendicular
to the base) to which may be added, the defence of Abatis,
freises and palisades below the range of a plunging fire. A
work placed here would therefore protect the battery on the
beach, and a range of small batteries on the sloping ridge to
the southward, while these would again protect and completely
defend any approach to the Castle by land or water. So that
the water batteries may be considered as impossible to be
silenced, while the works on the hill can hold out against any
attack the enemy could make, by landing at a distance, and
forming a siege in the rear. The importance of the position
Flag-staff hill, is evinced by the British having thrown up a
redoubt there to protect the passage of the Narrows, when they
had possession of New York. A work to be erected here, there-
after must be calculated to hold out long enough for the yeo-
manry and militia to assemble and force the enemy to raise
the siege.
Proceeding on these principles the first requisite is water,
and here a difficulty at first presents, there being none on the
142 ANNUAL KEPORT OF THE
height but what may be collected in cisterns from the rain; but
the difficulty is not insurmountable, for there is a fine and abun-
dant spring at the foot which would fall within the breast workr
and be fully under the protection of it as well as the fort above,
so that no number of the enemy could stay there a moment, and
by a very simple machinery the garrison could be supplied with
as much facility as they could by a well.
The plan I have the honor to enclose presupposes that no
attack by artillery could come from the water side eastwards.
The parapet therefore is on this side only a wall of inconsider-
able height in order to facilitate a depression of the guns so as
to fire into the decks of any passing ship; all the defence against
a land attack is therefore confined to that necessary to repel
an attack with small arms; that of the other three sides there-
fore is proposed to consist of rampart, parapet, scarp, ditch,,
counterscarp and glacis. A covered way has been thought neces-
sary, because the siege (should one ever take place) can never
be of so long duration as to require one; the enemy would cer-
tainly attack by a coup de main, and abandon in case of failure,
I have preferred half bastions to whole ones because the whole
length is within the reach of a musquet ball, and because it
affords a greater salient angle with less expense, and the oppo-
site end of these sides is sufficient to defend the face of the half
bastion, in the nature of a second flank. On the S. E. angle
instead of a bastion, I have made a circular tower, because this-
shape embraces the greatest possible space with the least pos-
sible wall; because it is unassailable, except where it is de-
fended by the second flank before mentioned, and finally, because
there is not sufficient ground for the salient angle of a bastion;,
this latter reason applies in favour of the half bastions, for the
STATE HISTORIAN.
143
salient angle of a raveline, would go too far down the hill in
the rear, and it would alter the direction of the Southern front
which is now at right angles with the most efficacious fire. In
each flank should be a casemate with look holes for small arms
to scour the ditch. This will remove the objection to the dead
angle which result® from the want of an opposite flank. Another
important reason, for the circle is the space it leaves for a cir-
cular magazine in its centre with an ample area round it, without
encroaching upon the rampart. For other particulars relative
to this work, I beg leave to refer you to the enclosed plans and
sections.
There does not appear but one height in the neighborhood of
Flagg-staff Hill, from which it could be annoyed1 by an enemy
except one to the S. W. But this nearly on a level with the
Parapet, and by no means within battering distance; it is not
besides possible for an enemy to entrench himself there unless
he be master of the Country.
The ultimate point of the public land to the southward of the
fort is not five hundred yards distant, descending and ascending
irregularly to a total fall of about forty feet, and then it is an
almost perpendicular cliff of one hundred and thirty feet from
the top of the beach below.
This ridge, which in the greatest length of the state's boun-
dary is but fifty or sixty feet in width, offers no space for a foot.
If the public line were made straight there would be ample room
for a number of batteries, each behind and above the other.
As I have before observed, such batteries would need no other
expense than merely excavation, sodding and platforms, for
each being dependent on the command in the rear would require
no particular defence of its own.
144 ANNUAL REPORT OF THE
I beg leave to close this representation with a few remarks,
which as a public and responsible officer I feel myself bound to
make with freedom, and I know I can rely on your Excellency's
indulgence for an excuse.
The application of so small a sum as One hundred thousand
dollars for the defence of the Narrows, can only be considered
as a beginning; for unless the appropriations continue, it must
become (although sufficient for the work proposed) an useless
expense. It would be the most barefaced empiricism in any man
who would undertake so great an object with so limitted means.
A defence must be really such, or it is nothing — worse than
nothing; for if it be ineffectual, it becomes a sacrifice of national
honor as well as wealth. This is the first observation I had the
honor to make when you applied to me, and I took the liberty
of stating to you, that as an honest man, I could not give any
advice on the subject unless I was permitted to state what the
whole system ought to be, and then to begin with a part of it in
such a manner that however distant the time may be when that
system is to be completed, the work now begun would be found
permanent in its nature and appropriate in its size, shape and
position. Acting upon this principle, I have given your Excel-
lency a plan of a work not only essential but indispensible to the
system. But if this fort were to be considered or designed of
itself alone, to defend the entrance of the Narrows, I should be
sorry to be quoted as the author of it. There is no such thing
as economy in fortifications, short of perinanency and efficacy.
This position is self evident: another is in my opinion equally so;
there is no sum of a money that a full and complete defence of
this harbor would cost, that ought to be considered as anything
in comparison with the advantage that would result from? it:
STATE HISTORIAN.
145
that is, a saving of the difference between the value of the real
estate and commercial property, including produce in the city
and vicinity of New York, when secure against any maritime
attack, and the value of the same estate and property exposed
to any maritime attack. This difference is repeatedly felt at the
time of every serious alarm, which is the same thing as repeat-
edly paying for more than an efficient fortification would cost
without enjoying the benefit of one. I know it may be said that
the alternate fall and rise of property makes no alteration in
its ultimate value. But this is only true of property where
income does not vary and which always belongs to the same
owner. As the expenditures of fortifications are progressive,
so might be the appropriations, for it is not desirable to have
money laying unused; it is only requisite to be certain of the
progressive supplies with some money always in hand.
It is by no means my desire to intrude on your Excellency's
time by an essay on the expediency of a full and ample defence;
but the nature of the case and the position I am placed in by
the application you honored me with, render it necessary, for my
own justification, to state the principle® upon which alone I
can consider the plan I herewith present as of an importance.
The plans, profiles, and elevations of the proposed castles
shall be furnished whenever they shall be required, and I beg
your Excellency to be assured that I shall at all times, with the
utmost readiness, afford you and the state all the assistance
that my imperfect means can supply. I have the honor to be,
With greatest respect &c.,
Jona. Williams,
Col. Comr. of Engineers.
His Excellency D. D. Tompkine, Esqr.
10
146 ANNUAL, REPORT OF THE
THE GOVERNOR TO DE WITT CLINTON IN REGARD TO THE ACQUISITION:
OF LAND FOR THE ARSENAL NEAR THE BATTERY IN NEW YORK
CITY.
New York, 22 October, 1808.
Dear Sir: In consequence of the cession of ground near the
Battery to the United States for an arsenal, and to the corpora-
tion for the extension of Bridge street, two small gores of
ground have been entirely separated from the residue of the
State's property. One of them is bounded by Pearl street,.
Bridge street on the north, State street on the West, and Mr.
Gracie's land on the East containing nineteen feet in width on
Pearl street. The second, is a triangular strip, fronting White
hall street and running to a point on the south side of Bridge
street.
As the above mentioned strips of ground are in their present
state, of little or no use to the public, and as the appropriation-
for the state arsenal, proves inadequate to complete the arsenal,,
workshops, fences, &ca. and to regulate the Oround, I am dis-
posed to recommend to the Legislature and hope they will ac-
quiesce in the recommendation to sell the two above mentioned
gores of ground, to raise a fund to complete the Arsenal, Work-
shops, Gun Houses &ca. But, in consequence of an Act of the
Legislature, declaring the Title and the uses to be made of the
ground on the Battery and appurtenant to the Government
House, it may be necessary to obtain the assent of the corpora-
tion to a sale for private purposes, I, shall, therefore, be greatly
obliged if you will submit this subject to their consideration at
their next meeting and ascertain whether they will yield their-
assent.
STATE HISTORIAN. 147
The liberality of the corporation in granting gratuitously the
ground for an arsenal, magazine and other public uses, induces-
me to believe that they will not hesitate in acceding to a sale
of the above mentioned gores for the purpose before specified^,
especially when they reflect, that they are useless to the State
without such disposition, and that the proceeds are contem-
plated for the ornament of the city, and the safety and con-
venience of its Inhabitants.
Permit me to improve this opportunity to communicate to
the Corporation, my sincere thanks for the liberality and
patriotism they have displayed in relation to all the subjects
upon which I have had occasion to trouble them during the
Summer, and to convey to you, personally, my acknowledge-
ments for your politeness in accommodating me with an office,,
and for numerous other instances of attention and kindness.
Honbl. De Witt Clinton.
THE GOVERNOR NOTIFIES THE COMMISSIONERS WHO ARE TO REMODEL.
THE COURT OF OHANCEJRY CODE.
Albany, October 31, 1808.
Gentlemen: Pursuant to the annexed concurrent resolutions*
of the Senate and Assembly of this State I take the liberty of
requesting that you will render your services in devising the
system therein contemplated.
Permit me also to request that I may be favoured with the
result of your deliberations on this subject, by or during the
ensuing February term of the Supreme Court.
The Honble. Ambrose Spencer, Peter Jay Munro, Esquire, and.
Jonas Platt Esquire.
, *See page 97.
148 ANNUAL REPORT OF THE
THE GOVERNOR'S ADDRESS TO THE LEGISLATURE.
Gentlemen of the Senate and Assembly,
At the commencement of the last session I had the honor of
expressing to the legislature my opinion respecting the measures
adopted by the national councils, to prevent our being involved
in the desolating wars of Europe. Nothing has since occurred
to produce a change of that opinion or to impair my confidence
in their exertions and zeal to avert, as far as is consistent
with the welfare and independence of our country, the calamities
of war. I am however, compelled with regret to inform you
that I am not apprised of any material alteration in the state
of our foreign relations since that period. The embarrassments
to commerce and agriculture, incident to the existence of the
embargo, are still experienced, and should they continue, they
must be ascribed to the perseverance of the belligerents in their
illegal and unjust aggressions upon the commerce of the United
States. This consideration affords additional motives, for en-
during with patience the privations resulting from the counter-
acting measures of our own rulers, and for yielding a warm,
unanimous and decided support to their prudent and incessant
efforts to maintain, without an appeal to arms, the honor of our
country, and the rights and tranquility of its citizens. Should
our hopes of an amicable accommodation of existing differences
be frustrated by an obstinate adherence of the belligerents to
their unprincipled and arbitrary restraints upon neutral com-
merce, and a resort to the sword become inevitable, we can meet
the event with a consciousness of the rectitude of our cause; with
a firm dependence on the patriotism and bravery of freemen, and
with a humble reliance on the protection of that providence who
has hitherto favored us.
STATE HISTORIAN.
149
The period for which the President and Vice-President of the
United States were elected, expires on the fourth day of March
next. The appointment of electors to represent this state in the
choice of successors -to those distinguished personages, is the
principal business for which you are now convened. I however
avail myself of this occasion to submit to your consideration
some topics not immediately connected with this prominent
duty.
It has not probably escaped your observation, that on the
eighth day of March last, a law was passed inflicting death for a
crime, which antecedently subjected the offender to imprison-
ment in the state prison for life, and authorising whipping for
petit larceny. It has been justly observed that punishments, mild,
speedy and certain, are the means best calculated to answer the
end of criminal jurisprudence, that they ought always to be
proportioned to the crime, and that the reformation as well as
the punishment of the offender, ought to be constantly and
steadily kept in view. The spirit of freedom, the dictates of
humanity, and the principles of Christianity, require that the
awful penalty of death should be inflicted as seldom as possible.
The scene of distress and agony exhibited at an execution,
naturally excites an aversion to the laws which sanction such
severity. Punishments will also be more certain, when moderate
and rational. Because, those who are best able to prove the
guilt, or who may be most materially affected by the crime, will
then feel no reluctance, nay, will cheerfully perform the duty of
detecting and exposing every offender. The jury will be less
anxious to seize upon specious doubts to justify an acquittal and
but a feeble hope of escaping the sentence of the law, by techni-
cal objections to matters of form, or by executive clemency,
150 ANNUAL REPORT OF THE
will be entertained. Besides, by substituting imprisonment at
hard labor, society is relieved from the painful responsibility of
sending one of its members suddenly and perhaps unprepared
to the tribunal of his God. The fruits of his labor enure to the
benefit of community or his family; the regimen of the prison
precludes gambling, idleness and debauchery, the usual preludes
to greater enorrnites; and that discipline united with the
religious exercises of the institution, afford to the charitable and
philanthropic mind at least a glimmering hope of ultimate re-
pentance and reformation. Impressed with a decided opinion
that the deprivation of life is seldom necessary, and that it is
incompatible with the genius of a free government, and the state
of civilization and refinement of which we boast, I am con-
strained by a sense of duty to suggest the absolute necessity of
forbearing to extend that punishment to other crimes than
those of treason and murder. With respect to whipping, for
petit larceny, I would remark, that there are various reasons
which might be assigned in favor of confinement at hard labor
in preference to corporal pains. By the former, the offender is
deprived, for a period, at least, of an opportunity of repeating
his crime, whilst in the latter case, he is forthwith discharged to
renew his depredations. A term of temperance, labor, and pri-
vation affords a hope of amendment. While on the other hand,
reason and experience abundantly testify that no such reforma-
tion can be wrought by the agonies of a lacerated body; for the
publicity and ignominy of the punishment stifle every remnant
of pride and ambition, and destroy the prospect of ever regaining
a character. I might also add, that the frequent exhibition of
cruel and sanguinary punishments wounds the sensibility of the
humane, and corrupts the disposition, and depraves the morals
STATE HISTORIAN. 151
of a great proportion of the spectators. With deference, there-
fore, I submit to your wisdom the propriety of totally exploding
•corporal chastisement from our criminal system.
There is much reason to believe that the prevalance of crime
of a deeper dye, are too often the result of impunity for offences
of an inferior grade. Although the legislature have, by a
variety of statutes, enacted numerous regulations to prevent
practices of an immoral and dangerous tendency, and which are
generally the commencement of a career of more iniquitous and
•criminal conduct, and although the provisions of those statutes
.are daily and notoriously violated, yet the instances in which
they are enforced, are astonishingly rare. The security with
which one law is publicly infringed, not only creates an expecta-
tion of similar impunity for the violation of others, but also pro-
duces a contempt of the laws generally. Your wisdom will de-
termine whether some more suitable measures ought not to be
devised to ensure their observance.
The execution of the sentence of Rufus Hill, convicted of rnur-
der at the last court of oyer and terminer, in Chenango county,
has been suspended. A statement of his case will be submitted
to you without delay.
Most of the arms, ammunition, and military stores, destined
for the Northern and Western frontiers, have been delivered at
their respective places of deposit. Those for the counties of
Clinton and Essex are on their way, and those to be deposited
in Jefferson county are at Utica, and will be speedily trans-
ported to Champion.
Under the act, authorising me to select and receive a title for
one of the lots of ground offered by the corporation of New York
for the erection of a State Arsenal, I have been enabled by the
152 ANNUAL REPORT OF THE
liberality of that respectable body, to obtain two of those lotsr
and a conveyance of them to the people of this state has been
executed and delivered. The building has been finished, and the
account of disbursements will be exhibited to you during the
present session.
The proceedings which have taken place relative to the acquis-
ition of the title of Ellis's or Oyster Island for fortification, and
of Watch Point for a Light-House, and also under the act for
procuring an additional supply of ordnance, small arms and
ammunition, will be particularly detailed in a future communi-
cation.
The powder magazine and a dwelling house for the superin-
tendent, will be completed in a few days. The quantity and situ-
ation of the land obtained for this purpose, with an account of
the money drawn and expended, will be the subject of a special
message.
It affords me pleasure to inform you that the fortifications
erecting under the authority of the United States for the de-
fence of the city of New-York, have been prosecuted with
activity and zeal. A variety of circumstances, have retarded
the commencement of the expenditure of one hundred thousand
dollars appropriated for that object by the legislature of this
state. To accomplish their views by devising and commencing
works upon which the greatest number of distressed persons
might be employed, and which might be in concert with the de-
fensive operations of the general government, and at the same
time to apply the sum granted in the most economical and bene-
ficial manner, was a task replete with anxiety, responsibility and
embarressment. I have the satisfaction to inform you, that
with the intelligence and generous assistance of Colonel Wil-
STATE HISTORIAN. 153
liams, chief engineer of the United States, whose services merit
the highest encomium, those difficulties have finally been sur-
mounted, and I flatter myself the place which has been decided
upon, and the plan of the works to be erected will meet your
approbation.
It is our lot, gentlemen, to1 live in a portentous period. The
old world is shaken to its centre by the mad ambition of its
potentates; and Europe exhibits an affecting spectacle of blood
and warfare. It has been the alternate policy of two of the
belligerents to entangle us in their quarrels; hitherto we have
escaped, but it requires almost super-human wisdom in our rulers
to preserve our sovereignty and independence and to avoid
being engaged in their wars. Thus situated, it is our solemn
duty to second the efforts of those to whom we have entrusted
the highly responsible rights of peace and war. ' It is our duty
to strengthen the hands of government by imparting a liberal
confidence when our dearest rights are not only in jeopardy but
actually invaded, and to prove to the world that we are not a
divided people, but that we are in truth Americans.
With an ardent wish that harmony may prevail in your de-
liberations, and that your proceedings may promote the welfare
of our constituents, I tender you an assurance of my readiness
to co-operate in your labors to promote the common benefit.*
Daniel D. Tompkins.
Albany, November 1, 1808.
*This session of the legislature opened November first 1808 and adjourned November
8th. It was called specially to choose president electors to vote for a successor of
Thomas Jefferson who was ending his second term. George Clinton, whose canvass
was in the hands of his energetic nephew DeWitt Clinton appeared to control the
strongest sentiment in New York for president but the electors were eventually selected
without reference to personal preference. At the general election James Madison, of
Virginia, was chosen president and George Clinton, Vice-President.— STATE HISTORIAN.
'
154 ANNUAL REPORT OF THE
REPLY OF THE SENATE.
To His Excellency the Governor of the State of New York.
Sir: The evils which have resulted in this country from the unjust aggressions of
the belligerent nations of Europe upon our neutral rights, and the indispensible duty
of sustaining those evils and if necessary the still greater calamities of war, with
furtitude and patriotism, are fully recognized by the intelligence of the nation; and
we shall not fail to repose a just confidence in tfce national government, and to pro-
mote with zeal and energy their efforts to support the rights and to promote the honor
and welfare of our common country.
It gives the Senate pleasure to observe the progress which has been made by your
Excellency, in executing the arrangements that were formed at the last session of
Legislature, for the defence of the State; but as this is a paramount duty of the
national government, and as our great commercial emporium is peculiarly exposed to
the attacks of an enemy, we cannot entertain a doubt, and especially at a period so-
critical, but that an object of the first importance to the prosperity of the state, will
receive the most marked attention of the constitutional guardians of the commons
defence and general welfare.
The different subjects recommended by your Excellency to the attention of the Legis-
lature, will, as well for their importance as from the confidence we repose in you,
receive our early and deliberate consideration; and we feel persuaded, that an har-
monious co-operation in the execution of the duties committed to the different branches-
of the government, will produce results honorable to them and beneficial1 to the State^
John Broome,
President of the Senate.
Albany 4th Nov. 1808
THE GOVERNOR'S REPLY TO THE SENATE.
Gentlemen: The disposition you evince to preserve harmony
in the measure of the different branches of the government, can-
not fail to produce the most benign consequences. It yields me
sincere satisfaction to learn, that my exertions, in forwarding
our defensive arrangements, receive the approbation and sanc-
tion of the senate.
The grateful sensations afforded by the assurance of your con-
fidence, confers the highest reward to which I aspire, and the
strongest motives to merit its continuance.
Albany 5tli, Nov. 1808.
REPLY OF THE ASSEMBLY TO THE GOVERNOR.
To His Excellency, Daniel D. Tompkins,
Governor of the State of New York.
The Assembly can never receive a communication from a Governor who posesses
their respect and confidence, without pleasure. To meet such a Chief Magistrate, and-
to receive from him information of the State of our public affairs has accordingly
given us great satisfaction, upon this occasion.
We learn, with regret and indignation, that the belligerent nations of Europe, stili
continue their aggressions upon the commerce of the United States. At the same time,.
STATE HISTORIAN. 155-
we concur with you, in approving the wise measures, which have been adopted by the
general government, to counteract those aggressions, and to protect our rights as an
independent people. Should war ultimately become necessary, we shall firmly meet
the event. The measures and the means of resisting the aggressions of foreign powers,
belong to our national councils; and in their wisdom and integrity, we have entire-
confidence.
The several subjects recommended to the consideration of the legislature, shall
receive our deliberate attention ; and we shall cordially unite with the other branches
of the government, in exertions to promote the common welfare.
James W. Wilkin,
Speaker of the Assembly.
Albany 5th Nov. 1808.
REPLY OP THE GOVERNOR TO THE ASSEMBLY.
Gentlemen: A public expression of the respect and confidence-
of the Representatives of a highly respectable, extensive and
wealthy state, would at all times and under any circumstances
afford me the highest gratification; but at an embarrassing
crisis like the present, when honest motives and well intended
conduct may be misrepresented and misunderstood, it creates-
the most grateful sentiments and abundantly compensates for
the encreased cares and labors incident to such a period.
Accept, Gentlemen, my thanks, and the sincere assurance that
to merit such confidence will always be my greatest pride, and
the object of my most strenuous exertions.
Albany, November 7th, 1808.
THE GOVERNOR'S EXPENSE ACCOUNT FOR THE CONSTRUCTION OF THE ARSENALS-
IN NEW YORK CITY AND CANANDAIGUA.
Daniel D. Tompkins, Governor of the State of New York
To the State of New York Dr.
1808 June 10th To Cash paid him by the Treasurer $5000
July 4th Do do do 5000
29th do do do 3000
Balance due the Governor 1644.92'
$14644.92
Credit
By amount expended by him for labor and materials in
erecting an Arsenal in the City of New York $14644.92
State of New York
Comptrollers office.
I have examined the preceding account of Daniel D. Tompkins, Esqr.
Governor of the State of New York, in relation to his receipts and expenditures
156 ANNUAL REPORT OF THE
under the Act, entitled "An Act for the erection of a State Arsenal in the City
cf New York," passed 19th March 1808, and do hereby certify that he has received
out of the Treasury of this State, in pursuance of said act, the sum of Thirteen
thousand dollars, and that he has produced vouchers to me for Fourteen thousand
six hundred and forty-four dollars and ninety two Cents, expended for materials
and labor in erecting an arsenal in the City of New York. And I do also certify,
that there is a balance due thereon, to him, of $1644.92
Archb. Mclntyre Comp.
Albany 2nd, Novr. 1808.
Daniel D. Tompkins, Governor of the State of New York
To the State of New York, Dr.
1808 Apr. 14th To Cash paid him by the Treasurer $2000
July 15th Do Do 750
Aug. 22nd Do Do 915.96
Sept. 10th Do Do 1200
"24 Do Do 1250
Oct. 22nd Do him by Moses Atwater for iron mongery and other
articles not used for the Arsenal at Canandaigua and
sold to him 35.72
$6151.68
Credit
By amount of his Expenditures for materials and labor
for erecting an arsenal at Canandaigua $2576.59
By Do. in transporting Ordnance, small arms, ammunition
and accourtrements to various places of deposit, clean-
ing Arms, &c. &c. including $923.11 cents paid in advance 3559.99
to John McLean, and $400 paid to William Yates on
unsettled Accounts, balance due the State of New York 15.10
$6151.68
State of New York
Comptrollers Office.
I have examined the preceding Account of Daniel D. Tompkins, Governor of
the State of New York, in relation to his receipts and expenditures, under and
pursuant to the Act, entitled " an act to provide for the defence of the northern
and western frontiers ", passed 12th February, 1808, with the vouchers accompanying
the same, and do hereby certify that from the said vouchers it appears, that he has
expended (including nine hundred and twenty-three dollars eleven cents, paid to
John McLean, and four hundred dollars, to William Yates, on unsettled accounts)
the sum of Six thousand one hundred and thirty six Dollars fifty Eight cents, and
that there is a balance due thereon from him of Fifteen dollars ten cents, which
with the said two sums advanced to John McLean and William Yates is yet to be
accounted for.
Archd. Mclntyre,
Comptroller.
Albany, November 2nd, 1808.
THE GOVERNOR REPORTS MILITARY PROGRESS TO THE LEGISLATURE.
Gentlemen: By an Act of the last session of the Legislature,
the Executive was authorized to organize companies and bat-
talions of flying or horse artillery. Pursuant to this authority,
STATE HISTORIAN. 157
some companies have already been organized.* The utility of
this description of troops, has been fully evinced in Europe; and
they are more particularly beneficial, in a country having fron-
tiers, so extensive as those of the United States. The only
treatise upon the manoeuvers of horse artillery, which appeared
in this country, was furnished by General Koskiusko, to General
William R. Davie, and by him presented to the United States
Military Philosphical Society. The respected and learned Presi-
dent of that institution has at the request of the donor, trans-
lated and published it for the benefit of the society. A copy of
the work is herewith transmitted to the Legislature. I trust
they will deem it highly expedient to authorize a subscription
for a number of copies, sufficient for the use and instruction of
the horse artillery of this State.
Daniel D. Tompkins.
Albany 3rd Novr. 1808.
To the Legislature of the State of New York in Senate and Assembly, convened.
The commissioners appointed by an Act entitled "An Act to cede the jurisdiction
of certain lands in this state to the United States " passed March 20th, 1807, and
by an Act supplementary thereto, passed March 18 1808 beg leave to report,
That pursuant to the authority vested in them by the said Acts, they met in the
City of New York in the Month of April last, and there received communications
from Jonathan Williams, Colonel of Engineers, in behalf of the Government of the
United States, relative to the lands deemed necessary to be ceded for the defence
and safety of the port of New York. That after mature deliberation on those com-
munications, and upon obtaining accurate surveys of the ground required, they exe-
cuted a deed by which they declared the consent of the Legislature, that the lands
therein mentioned, should be vested in the United States, which according to the
directions of one of the Acts, they have deposited in the Office of the Secretary
of State, and a copy of which is herewith submitted for the information of the
Legislature.
The Commissioners further report, that pursuant to the last section of the Act
entitled "An Act authorising the purchase of an additional quantity of Ordnance,
arms and ammunition for the use of this State, and for other purposes," passed
April 8th, 1808, they have sanctioned the opening and extending of Bridge Street
in the City ot New York, in continuation from its present limits to the battery.
Daniel D. Tompkins,
Jno. Broome,
John Lansing, Junr.
James Kent.
DeWitt Clinton
N. B. Here follows the deed— not necessary to copy.
* The first record of horse artillery appears In the Minutes of the Council of
Appointment under date of January 30, 1809, when were commissioned Silvenus Tows-
ley, captain; John James, first lieutenant, and Simon D. Wattles, second lieutenant,
company of horse artillery of Onondaga County, permission having been given
Towsley to organize the company on January 16th, 1808.— STATE HISTORIAN.
158 ANNUAL REPORT OP THE
FOR A STATE STANDARD OF LONG MEASURE.
Gentlemen : The necessity of immediate Legislative provision
upon the subject of the enclosed communication of the Secretary
of State, induces me to recommend it to your attention at the
present session.
Daniel D. Tompkins
Albany Nov. 3rd, 1808.
Secretary's Office,
November 3rd, 1808.
Sir: By an Act passed at the last session of the Legislature entitled "An Act
to direct the Secretary to procure a state standard of Long measure, and for other
purposes," the Secretary is directed to procure two steel, brass or copper rods, of
the same length of a certain brass standard three feet rod, English measure, belonging
to the corporation of the City of New York. Soon after the adjournment of the
legislature I wrote to the Clerk of the City and County of New York, and requested
him to procure two rods to be made, in conformity to the Standard referred to in
the Act. He informed me, in answer to my application, that no such standard was
in possession of the corporation, but that he understood a Mr. Hardenbrook had a
three foot rod, which was made in England, in conformity to the British exchequer
standard. Considering that the object of the Act would be complied with as far as
related to the procurement of a correct standard measure, I directed two rods to be
made in conformity to the one in Mr. Hardenbrook's possession. But this not being
the standard referred to in the act, which contains an important provision that takes
•effect in April next, whereby a surveyor is precluded from giving testimony in any
court in this state, respecting the lines of survey made by him, unless he can swear
that the chain used by him was conformable to the standard measure of this state,
legislative inerference becomes necessary to establish the rod now procured as the
state standard. I take the liberty also, of suggesting the propriety of making it the
duty of the secretary to procure all the rods to be made for the several counties of
this state at their expence; such a provision will ensure a uniformity in the several
county standards, and will probably expedite the distribution in the mode best calcu-
lated to promote the object of the Legislature.
With great respect and consideration, I am your Excellency's, Obedient Servant,
Elisha Jenkins.
His Excellency, Daniel D. Tompkins, Governor.
REGARDING LIGHT HOUSES, FORTIFICATIONS AND ARSENALS.
Gentlemen: The title of Ellis's or Oyster Island, in the Bay
of New York, has been obtained by a course of proceedings in
the Court of Chancery, authorized by the Act supplementary to
the Act, to cede the jurisdiction of certain lands in this state,
to the United States, was thereupon executed, pursuant to the
said act.
The proprietor of Sands' or Watch-Point, contracted with me
for the sale of five acres, for the purpose of erecting a light
STATE HISTORIAN.
159
house; and accordingly conveyed the said Five Acres to the
people of this state. After which, the same, in conformity to
the provisions of the Act, entitled, "An Act to facilitate the
purchase of lands for the erection of a light house at North
Hempsted were granted to the United States; and for the pur-
pose of vesting the jurisdiction, the requisite certificate de-
scribing the said five acres, has been duly filed in the office of
the Secretary of State.
The system of fortifications upon wThich I have concluded to
proceed in the expenditure of One hundred thousand Dollars,
appropriated for that purpose, is fully explained in the annexed
official Letter of Col. Williams.*
The Accounts of disbursements under the Act for the defence
of the Northern and Western frontiers, are also under the Act
for erecting a state arsenal in the City of New York, are also
hereunto annexed. Two of the lots or blocks of ground offered
by the Corporation in exchange for the old arsenal have been
obtained: the building erected is calculated to accommodate all
the ordnance, arms, and military stores in the City of New York.
With the utmost economy, the appropriation was exhausted,
before the edifice was entirely finished. To have .suffered the
building to remain in that state, would have exposed it to great
injury from weather, and would have left a considerable por-
tion of the public property in an unsafe situation. It was there-
fore deemed prudent and necessary to proceed and finish the
building. The additional sum required for this purpose, i& exhib-
ited by the balance of the Arsenal Account. To obviate the
necessity of an appropriation in money to defray that balance,
and to erect the work shops and gun houses, &c. I beg leave to
*See page 138 et seq.
160 ANNUAL REPORT OF THE
recommend the sale of two small gores of land belonging to the
State, in the vicinity of the government house, in the City of
New York. In consequence of a cession, by the commissioners
appointed for that purpose, of a part of the public ground to
the United States, for an Arsenal, and of another part to the
corporation of New York, for the extension of Bridge Street,
those two gores have been separated from the land of the State,
connected with the Government house, and are almost useless
for public purposes.
The quantity of ground to be procured for a powder magazine,
was limited to one half acre. Upon enquiry, and after earnest
endeavors to accomplish the requisite purchase, it was ascer-
tained that individuals, to whom the purpose to which the
ground was intended to be applied, was disclosed, would not
dispose of that quantity without an extravagant consideration.
An application was therefore made to the Corporation of New
York, who were so liberal as to enable me to purchase the lease-
hold estate, and their reversionary interest in a lot of land, con-
taining, by estimation, ten acres, inclusive of streets for Two
thousand five hundred Dollars. The lot is nearly square, and is
bounded on the sides of streets opened, and to be opened. As
the title is in fee simple, and as ground in the vicinity of the
city of New York, is constantly increasing in value, I feel con-
fident that the Legislature will be gratified in my having availed
the state of the liberality of the corporation, in obtaining a
larger quantity of ground than was contemplated at the time
of passing the Act.
Daniel D. Tompkins.
Albany, 4th Nov. 1808.
STATE HISTORIAN. L6t
GOVERNOR TOMPKINS TO THE FORTIFICATION COMMISSIONERS FOR
THE DEFENCE OF NEW YORK.
Albany, November 17, 1808.
Gentlemen: My official duties and my residence in this City
will prevent my taking a Superintending control of the Fortifi-
cations to be erected under the authority of this State for the
Defence of the City of New York. I will, therefore, thank you
to take that charge as Commissioners subject to such direc-
tions engagements and regulations as I have already given or
made, or may hereafter think proper to adopt.
I have engaged Mr. Cutbush as Engineer to attend at the
Works. CoPl Williams has been so obliging also, as to offer
his advice and assistance as to the plans &ca. which ought to be
accepted and respected as the system was furnished by him at
my request. Perhaps the Commissioners may not find it neces-
sary to hire an office during the winter, but in the spring I shall
have no objections to pay for a convenient Room, stationery and
other needful expenses; and they may immediately employ a
clerk to keep the minutes and do all other business appertaining
to such an office. His compensation shall be at such rate as the
commissioners shall think proper to establish. The expenses of
the board at their office, and in their necessary visits to the
Narrows or other places for the advancement of the Works or
the purchase of the materials will also be allowed.
The importance of the object for which you will be engaged,
to the City and State of New York, induces me to hope that you
will undertake this business without other compensation than
the payment of Expenses.
Should it be found necessary to straighten the line of the
Property belonging to the State referred to in Col. Williams
11
I
162 ANNUAL REPORT OF THE
official letter the Commissioners will please to make the neces-
sary arrangements for that purpose, with Mr. Jackson the
owner. Mr. Arthur Smith -will be the Superintendent of the
mason work, and Messrs. Westervells, Little, Stagg and Vadney
will be the Masons under him; Messrs. Ford and Crane are to do
the Carpenters work, and Messrs. Labagh and Hilliman the cut-
ters. The Clerks, Superintendants of labourers &ca. will be ap-
pointed by the Commissioners. Only one head mason in addi-
tion to the Superintendant, ought to receive pay and they should
arrange amongst themselves the tour of duty. The Commis-
sioners will decide upon the mode of procuring and conveying
materials for the works and will make every other arrangement
necessary to proceed as expeditiously as may be consistent with
ceconomy and the durability of the fortifications.
They will also decide upon the propriety of furnishing rations
to the labourers and of regulating their compensation accord-
ingly. Should it be found that the materials for the Wall can
be prepared during the Winter by the foot or perch upon rea-
sonable terms, and that labourers can work advantageously in
digging or levelling ground during that season the Commission-
ers may permit them to proceed if the wages are proportioned
to the shortness of the days. And should it be found that less
expense will be incurred by hiring labourers who will board
themselves, in that case the Commissioners need not provide for
a supply of rations.
A copy of Col. Williams' official letter and of the ground plan
of the work to be erected are enclosed.
Honbl. De Witt Clinton, Arthur Smith, Esqr., James Farlie,
Esqr., Genl. Jacob Morton, Col'l Peter Curtenius.
STATE HISTORIAN. 163
"THE GOVERNOR LAYS CLAIM IN BEHALF OF THE STATE FOR THE
ORDNANCE IN THE FORTS IN NEW YORK HARBOR.
Albany, November 26, 1808.
Dear Sir: I have written to the Secretary of War informing
him of the result of my enquiries relative to the property of the
'Cannon and military stores in the fortifications erected in the
harbour of New York by the Commissioners of this State. It
.appears they do not belong to the United States but exclusively
to this State. You are not, however, to interfere in any claim,
•or removal of the property until I receive the answer of the
-Secretary of War and Issue Orders for that purpose to you.
In the mean time, I wish you to send me an exact account of,
-and copies of the receipts for military stores advanced to the
United States for transportation to Algiers or Tripoli and for
the Troops who marched to quell the Insurrection in Pennsyl-
vania.
John McLean, Esqre.
THE GOVERNOR PROVES BY THE RECORD THAT THE STATE, NCT THE
NATION, OWNS THE ORDNANCE IN THE NEW YORK HARBOR
FORTIFICATIONS.
Albany, November 26, 1808.
Sir: Since my arrival in Albany I have investigated the
validity of your claim on the behalf of the United States to the
•Cannon and equipments which were at the fortifications near
the City of New York. As those which were upon the Old
Battery had been for a number of years in the exclusive pos-
session of the State and had been repaired at our Expense, I
was somewhat astonished at your suggestion that they belonged
to the United States. And my enquiries have satisfied me that
164 ANNUAL REPORT OF THE
not only the Cannon and equipments now lying upon the
Arsenal ground near the Old Battery, but also that many of
those upon the Islands are the Exclusive property of this State.
To convince you that this is the case, I beg leave to refer you
to a letter of Samuel Jones, Comptroller of the State of New
York, to Oliver Wolcott, Secretary of the Treasury, dated
Albany 28th August 1799, from which it will appear, that the
sum for which the State of New York received credit of the
United States was, exclusive of voluntary labor at the Fortifi-
cations, exclusive of the Sum expended in 1798 in fortifying
New York, and exclusive of the Monies appropriated and ex-
pended for procuring and equipping cannon &ca. You will also
find in the Treasurer's office, a letter from John V. Henry,
Comptroller of this State, (who succeeded Mr. Jones), dated
Albany 10th October 1800, proposing to transfer the Cannon
and Military stores, then in or appertaining to the fortifications,
to the United States and to receive a credit therefor at what
they cost the State, including all charges. To this letter, the
Secretary of the Treasury (Oliver Wolcott) on the 18th of
November 1800, answered, that he did not conceive himself
authorised to make any stipulation concerning the Cannon and
Military Stores at those fortifications, but that, if Congress
should authorise the acceptance of them by the United States
he had no doubt, that the terms on which the transfer might be
made would be easily and satisfactorily settled. Since that
answer no credit has been given the State of New York on that
or any other account as far as I am able to learn. Neither is
any correspondence to be found touching the subject. I am,
therefore, confident that upon an examination of the documents
to which I have referred, you will not hesitate to transmit direc-
STATE HISTORIAN. 165
tions to Captain Whiley to permit the Commissary of this State
immediately to remove all the Cannon implements -&ca which
are exposed at the Arsenal lot near the Battery, and that you
will propose some satisfactory method by which the property
on the Islands, belonging to this State, may be identified and
marked to distinguish it from that of the United States.
To Genl. Dearborn, Sect'y of War.
THE GOVERNOR BRINGS SERIOUS ALLEGATIONS AGAINST THE CUSTOMS
COLLECTORS AT CHAMPLAIN, OSWEGO AND SACKET HARBOR.
Albany, Deer. 1, 1808.
Dear Sir: Believing that you repose confidence in the official
integrity of Mr.Woolsey, Collector of Champlain District, I have
foreborne to communicate to you a variety of unofficial repre-
sentations which have been made to nie relative to the suspi-
cions and uneasiness at his conduct, which prevail almost uni-
versally amongst those friends to the Government and to the
faithful executions of the laws. I, however, deem it an indis-
pensable duty to apprise the Government of such official details
as have been made to me and shall leave the history of private
communications until I may be called upon to disclose them.
The report of my aid, Col. Rodman, adds strength to the sus-
picions which I previously began to entertain of Genl. Woolsey's
fidelity; and the enclosed extract of Col. Simonds report, though
not specific as to the Collectors to whom want of official integ-
rity is to be ascribed, seems to support the opinion of Mr. Rod-
man. The object of transmitting these to you is to awaken
enquiry into the conduct of your Collector in that quarter; and
for the purpose of enabling you to do this the more effectually,
I will mention that an application from your Department to
166 ANNUAL REPORT OF THE
either of the following Gentlemen will probably produce a his-
tory of many of the transactions which have been unofficially
mentioned to me: 'Col. Simonds and his Adjutant, Lieutenant
Beebee, now at this place; Peter Sailly; Col. Durand; Judge Kin-
ner N-ewcomb, Melancton Smith, Henry Delord, Charles Platt
and Thomas Tredwell (formerly member of Congress) all living
at or near Plattsburgh; Mr. Platt, Deputy Marshal, & a Lieu-
tenant of Artillery who commands a Detachment there from the-
Eastward — Jonathan Lynde, Esqr., Judge Pond, Judge Isaac-
Kellogg and Simeon Frisbee Clerk of Essex County and General
David Thomas, Treasurer of this State recently, from Washing-
ton County. With respect to Mr. Burt, at Oswego, the accounts
from Col. Simonds and his Lieutenant confirm the accuracy of
Col. Livingston's report, namely, that the Collector appeared to*
be honest — but was wavering and undecided in his conduct. I
may add that information from other sources partly corrobo-
rates the charge made by Sackett that the man is considerably^
addicted to liquor which may account for some apparent stu-
pidity and liability to imposition.
As to Mr. Massy, I believe he intends well, but I am afraid:
he is not too intelligent and that he is liable to be imposed upon:
by those who flatter him or in whom he confides, and have no-
doubt the most of those are men who on account of their eva-
sions and countenancing in others the evasions of the Embargo
laws are unworthy of his confidence.
With the Collector at Lewiston, I am unacquainted but am
recently informed that affidavits of facts will soon be forwarded
to Government in relation to a certain Robbery said to have
taken place and published in the papers which will place the-
conduct of the Collector there in a sensureable point of view.
STATE HISTORIAN. 167
Although neither Col. Rodman or Col. Simonds have requested
it, yet I should prefer that their reports might be considered as
confidential until further enquiry be made into the Collector's
conduct from your Department.
The Honb. Albert Gallatin.
THE GOVERNOR COMPLIMENTS CAPTAIN JACOB HAIGHT FO'R VOLUN-
TEERING WITH HIS COMPANY.
Albany, 5 December, 1808.
Sir: I acknowledge with unusual satisfaction the receipt of
your letter communicating a tender of the Services of the Com-
pany of Uniorf Volunteers under your Command, accompanied
by a regular inspection return and a Roll Subscribed by the
officers and fifty seven non commissioned officers, Musicians and
privates. The Readiness with which this respectable company
offered their services as part of the last detachment and the
promptitude with which they have Volunteered on the present
occasion under the Act of the United States " authorising the
President to accept the services of a number of volunteer Com-
panies not exceeding thirty thousand men " evinces a spirit
highly honorable to them and furnishes to their fellow Citizens
of the different Military Corps an example worthy of imitation.
Be pleased, Sir, to accept for yourself and communicate to
your Subalterns and privates of your company the assurance of
my sincere thanks for this renewed instance of their patriotism
and military ardor.
Capt. Jacob Haight.
168 ANNUAL REPORT OF THE
AND A SIMILAR COMPLIMENT TO CAPTAIN ANDREW BROWN OF
PITTSTOWN.
Albany, December 12, 1808.
Sir: I have the honor to acknowledge the receipt of your
letter containing a voluntary offer of the services of yourself
and the Subalterns and Company of artillery under your Com-
mand as part of the Detachment of 100,000 men. The Military
ambition and Patriotic ardor displayed in the Communication
which announces this liberal tender, reflects the highest honor
upon the Officers and Soldiers of the company, and furnishes
an Example worthy of the imitation of their Brethren of the
Uniform Corps.
The character of our State is highly exalted by such generous
pledges of its citizens, to protect its inestimable rights and
privileges and to support at every hazard the honor and inde-
pendence of the United States.
Be pleased, Sir, to make known to the officers and privates of
your Company, my chearful acceptance of their services and
the high estimation with which I regard their patriotism and
Soldierly conduct.
Capt. Andw. Brown, Pittstown, Rensselaer County.
THE GOVERNOR SUBMITS A LIST OF EXPENSES, INCLUDING INCI-
DENTALS, TO GENERAL DEARBORN.
Albany, 12 December, 1808.
Dear Sir: Inclosed is my account of Expenditures in relation
to a Detachment of the Militia of this State ordered into ser-
vice in the District of Champlain by Express desire of the Sec-
STATE HISTORIAN. 169
retary of the Treasury in behalf of the United States Govern-
ment in September last.*
I do not know that any objection will be made to the allow-
ance of it but if there should be, I take the liberty of Noticing
and Explaining the several Items.
The first charge for the pay of Captain Stevenson's Com-
pany admits of no doubt — the second for cloathing $177.90 is
equally just, but owing to the difficulty of procuring the receipt
Roll therefor in season, I have sent on the receipt of the Cap-
tain only. I am informed the men have all been duly paid their
proportion of that sum, but no receipt roll therefor being yet
forwarded and 1 being somewhat in need of having a part of
my Expenditures in this business refunded, have sent you the
Captain's receipt, which I hope will be deemed a sufficient
Voucher therefor.
The Pay Boll of Captain Delances Company includes the com-
pensation for cloathing and is I presume the regular voucher
for the charge of $738.85.
The three charges for contingent expenses namely, $14.64,
$44.80 and $35.94 have been advanced under a sense of Justice
and propriety; a part of the Detachment had to travel upward
of 60 miles to the place of Rendezvous (Plattsburgh) which took
them 4 or 5 days on account of the almost impassable state of
the Roads. The fatigue and expense incident to such a Journey
and the Supply of the Corps for several days after their arrival
and before any contract for Rations could be made, called for
some seasonable supplies on my part, and I am perfectly Satis-
fied that the little advances made on that account, and on ac-
*For an account of the Disturbances following the Embargo, see Military Papers of
Daniel D. Tompkins, Vol I, pages 194-197, with footnotes, pages 194-196.— STATB
HISTORIAN.
,
170 ANNUAL REPORT OF THE
count of medicine &ca were no more than in honor and Justice
I was bound to do.
The account of Colonel Rodman certainly amounts to no more
than what will reimburse his actual expenses.
He was sent from Hudson on the North River, and had a very
tedious journey both to and from the Frontiers, and was indus-
triously and Expensively occupied while there. My reasons for
sending him were: 1st, My Adjutant General was sick and
could not go; 2ndly, I was apprehensive that the officers in the
Neighbourhood of the Lake, might be a little prone to favor
the speculations going on and would therefore assign to the
Detachment such officers as might wink at the evasions of the
Embargo Laws.
3rdly, I was fearful that they might assign a Field officer.
Adjutant, Quarter Master, paymaster & Surgeon which would
have greatly enhanced the expense, and, 4thly, My fears were
alive lest by Combination the Rations could not be obtained,
except at an enormous price. Whereas by sending Colonel
Rodman, all the expense of such Field and Staff was avoided
and the Rations were supplied at 14 cents 8 mills, which is con-
siderably less than the United States Contract. I therefore
feel confident that you will deem the account as reasonable and
O3conomical as was possible under the embarrassments and diffi-
culties incident to a Detachment on the Frontier; and that it
will be paid without hesitation. There were no Barracks or
Tents, and the Militia were supplied with arms and ammunition
at the expense of the State, for which no charge is made.
The accounts for the Detachment at Oswego are not yet Com-
plete for the want of some documents which have not yet been
transmitted.
STATE HISTORIAN. 171
It was impossible for Mr. Rodman to obtain any other receipt
for the pay Roll before he left Pittsburgh than from the
officers, because the men were at the time of the Expiration of
Service scattered in detachments — some were at White Hall
some at Champlain — some at Chazy — some at Cumberland Head
and some at Plattsburgh. The amount of Stephenson's pay
Roll Mr. Rodman paid before he left Plattsburgh and the
amount of Delance's, he left with Peter Sailley, who has since
paid the same to the officers of that Company, they being then
at some distance from Plattsburgh.
Both Captains are to forward Rolls receipted by each indi-
vidual as soon as possible. If those are necessary to be for-
warded by me before my account can be allowed, I will thank
you to inform me of it and point out such other evidence as
may be required to substantiate the account. If, however, my
receipt to the account will be a sufficient voucher to the United
States, and the account is satisfactory, I shall be obliged by
having an Order or Check therefor transmitted to me. Every
€ent of the charges has been advanced by me some time since,
and there now exists no claim against the United States for
pay, cloathing and contingent expenses of this Detachment ex-
cept my demand.
The Hon'ble Henry Dearborn.
P. S. Although Lynde's a/c for Rations supplied before a
•Contract was made is not receipted, it has nevertheless been
long since paid.
172 C^JNNUAL REPORT OF THE
THE GOVERNOR MAKES A REQUISITION UPON CAPTAIN WHILEY FOR
NEW YORK?S ORDNANCE IN THE HARBOR FORTS.
Albany, December 15, 1808.
Sir: I take the liberty of enclosing to you a correspondence
with the Secretary at War* respecting his claim in behalf of
the United States, to the Cannon, ball &c on the Ground ceded
for an arsenal and to those on Governor's, Bedlow's and Ellis's
Islands at the time the United States began to occupy and for-
tify those places.
You may remember that when you visited the Magazine at
Potters field with the Secretary and Colonel Wiliams, this claim
was suggested and asserted: in consequence of which, the Com-
missary of Military Stores was directed by me to desist from
the removal of the Military Stores, lying on the ground Ceded
to the United States for an arsenal. Since that period I have
investigated the validity of the Claim and am now satisfied, and
you will perceive by the enclosed answer that General Dearborn
is also Satisfied, that all the Cannon, balls, shells and Military
Stores in the fortifications about New York which were origi-
nally purchased by the State of New York still belong to us.
I, therefore, hope you will have no objection to permit the Com-
missary of Military Stores to remove to our New Arsenal the
*War Department December 8, 1808.
His Excellency Daniel D. Tompkins,
Sir, Since the receipt of your Excellency's letter of the 25th ult. I have had a
further investigation made relative to the cannon and other military stores respect-
ing which doubts have existed whether they were the property of the United States
or of the State of New York. On reference to the Department of the Treasury for
ascertaining the facts alluded to in your Excellency's letter it appears that the late
Secretary of that Department did not consider cannon, cannon ball &c. necessarily
attached to fortifications for the Defence of the harbour and City of New York as
comprised in that act of Congress authorising a credit to the state for erecting
enlarging and completing said fortifications. Of course the Cannon and other military
Stores provided at the expence of the State remain the property of the State ana
consquently at her disposal.
I have the honor to be with very great respect Your Excellency's Ob. Servt.
H. Dearborn.
STATE HISTORIAN. 173
property on the lot near the Old Battery. The identification
and removal of the Articles on the several Islands belonging
to us will be the subject of future arrangements.
Oapt'n R. Whiley.
THE GOVERNOR DIRECTS COMMISSARY M?LEAN TO TAKE POSSESSION
OF NEW YORK'S ORDNANCE IN THE B^EDERAL PORTS.
Albany, 15 December, 1808.
Dear Sir: I enclose you a copy of my correspondence with
Genl. Dearborn relative to the claim of the United States, to
the Cannon Carriages, ball, shells, and Military Stores on the
Arsenal ground, at the Battery, and in the fortifications about
New York; by which you will perceive that the claim of the
United States thereto is totally abandoned.
You are, therefore, instructed to introduce this business to
Captain Whiley with delicacy and good humour and with his
consent, to remove to our New Arsenal, the articles, now re-
maining upon the ground, near the Battery lately ceded to the
United States.
The Cannon &c on the several Islands will be the Subject of
future arrangements. I have enclosed to Captain Whiley,
Genl. Dearborn's answer, with a request that he will consent
to your proceeding in the removal of the property in the Arsenal
Yard.
You will please to recollect my directions to transmit an ac-
count of the articles loaned the United States for Tripoli or
Algiers, and for the Expedition against the Insurgents in Penn-
sylvania; and also ,to cause to be made and sent to me an ac-
curate Survey of the two gores of Ground, near the Battery
which the Legislature have authorised me to sell to complete
174 ANXUAL REPORT OF THE
the New Arsenal. I am a little surprised at not having heard
from you upon these subjects before this time.
John McLean, Esq're, Com'y M. Stores
THE GOVERNOR CONSULTS GENERAL KING ON A QUESTION OF COM-
MAND BETWEEN HIMSELF AND GENERAL, GERMAN.
Albany, 16 December, 1808.
Genl. Nathaniel King:
Dear Sir: It is probable that in a short time the Fifth
Division of Infantry will be organized into three Divisions, pur-
suant to the power contained in the Act relative to the Militia
passed at the last session. In one subdivision it will probably
fall to the lot of General German or yourself to be Major Gen-
eral. I perceive by the books, that before the separation of the
Chenango and Madison Brigades, you were both Colonels in the
same Brigade and that General German was the Senior Colonel.
On this account I was informed last Winter that you would not
probably dispute the right of promotion with him in this
Instance. As it may be necessary for me soon to act in the busi-
ness, I will thank you to inform me whether the Assignment of
Genl. German to the command of one of the contemplated
Divisions, if the same should embrace both Chenango and Madi-
son, will be agreeable to you.*
GOVERNOR TOMPKINS REBUKES THE MISDIRECTED PATRIOTISM OF
THE ALBANY RIFLE CORPS.
Albany, 17 December, 1808.
Gentlemen: The Resolutions of the Albany Rifle Corps pre-
sented by you have received an attentive perusal and considera-
tion.
* General King, not General German, was appointed major general.— STATE HIS-
TORIAN.
•
STATE HISTORIAN. 175
The only requisition of the militia of this State is for the
detachment and organization of our quota of One hundred thou-
sand men.
As a part thereof, I have been authorized, and have accord-
ingly, by General Orders of the 15th November ulto. stipulated
to accept and empowered General and Field Officers to accept,
the services of such companies as might elect to volunteer, pur-
suant to the Act of Congress authorizing the President to
accept the services of a number of volunteer companies not
exceeding thirty thousand men " passed 24th February 1807, or
under the " act authorizing a Detachment from the Militia of the
United States/7 passed 30th March 1808. I cannot discover in
the Resolutions of the Albany Rifle Corps any intention to vol-
unteer under either of those laws and therefore, it is not within
the scope of my authority to consider them as part of that
Detachment in consequence of resolutions tendering their ser-
vices upon certain conditions and with such restrictions, modi-
fications and exceptions as they have thought proper to annex.
The amount of the Resolutions so qualified, is no more than
a promise and: engagement on their part, to perform what the
laws of the Land require of every member of the Militia, and
what I presume, every patriotic citizen would cheerfully do
without the obligation of law, namely to defend his Country
against an invading Foe. It has perhaps escaped the observa-
tion of the Company that by the Militia law of this State, they
are already subject to March upon swh emergency, when ever
the Commander in Chief, or Major General, Brigadier General,
or Colonel, Shall direct.
It requires no more than a reasonable and just confidence in
the Government and laws of our Country to produce a belief
176 ANNUAL REPORT OP THE
that "an independent Yeomanry" will never be compelled
wantonly " to embrue their Bayonets in the blood of their fel-
low Citizens " ; and upon the fidelity and bravery of such officers
and soldiers as do not repose confidence in them to that extent,
little reliance can be placed by their Country at a crisis which
may call for the venerated spirit of 76. The allusion in the
third Resolution, therefore, evidently Calculated to inspire an
unmerited distrust of the Government and Laws; and the singu-
lar qualifications which the Corps attaches to its professions
of willingness to repair to arms, cannot fail to excite feelings of
sincere regret.
It will give me pleasure to receive an unqualified tender of
the services of the Albany Rifle Corps; but it Neither Comports
with their dignity, patriotism or bravery, nor with the authority
of acceptance vested in me to organize and embody them as
part of the detachment under the resolutions presented to me.
By a compliance with which, this particular Corps would be
screened from sacrifices and dangers which their fellow citizens
of the Detachment might be obliged to encounter, and which
I trust they will encounter with cheerfulness and Bravery.
To Mr. Benjamin H. Meigs, Mr. Sanford Cobb and Mr. Rhodol-
phus Crane.
THE GOVERNOR ACCEPTS THE TENDER OF CAPTAIN MOORE AND HIS
COMPANY OP CAVALRY.
Albany, 19 December, 1808.
Sir: I have the honor to acknowledge the receipt of your
letter of the 15th Instant announcing the tender of the services
of yourself, your Subalterns and company of Cavalry pursuant
the Act of Congress, "authorizing the President to accept the
STATE HISTORIAN. 177
services of a number of volunteer companies not exceeding
Thirty thousand men," passed 24th Feby. 1807, and beg leave to
inform you of my acceptance thereof as part of our quota of the
Detachment of 100,000 men.
This renewed proof of the devotedness of that Corps to defend
the Honor and Independence of their Country, not only evinces
that they duly appreciate, and are determined to maintain un-
tarnished, the character of soldiers, but furnishes additional
evidence of the implicit reliance which may be reposed in the
virtue and bravery of the militia, when their dearest rights are
jeopardized.
Your patriotic offer will be communicated to the President
of the United States and 1 doubt not that he will accept it with
the same grateful feelings which it has excited in me.
I desire you and the Subalterns and privates of the Company
to accept the assurance that I highly approve and duly appreci-
ate their prompt and generous request to be enrolled amongst
those Citizens who in the event of War, will share its earliest
toils and dangers.
Capt'n Appollos Moore.
THE GOVERNOR WILLING TO SELL A PLOT OF GROUND IN NEW YORK
TO ARCHIBALD GRACIE AT PRIVATE SALE.
Albany, 20 December, 1808.
Dear Sir: I have directed to be made and received by the
last evening's mail, an accurate survey of the Two lots of
Ground which at their late extra session the Legislature have
authorized me to sell.
The one which is contiguous to you, is 124 feet on State street
fronting the Battery — 28 feet on Bridge street as ceded — 14 feet
12
178 ANNUAL REPORT OF THE
8 inches on Pearl street, and the length of the Easterly side is
the same as the Westerly side of your property, supposed to
be about 130 feet.
The mode of sale is not specially directed by the law; although
at public auction .seems to be the most equitable and least
likely to expose me to any censure for having sacrificed or par-
tially disposed of the property. I, however, know the conven-
ience and importance of that lot to you and am also tolerably
well acquainted with its situation and value to any purchaser.
The plan of Building may wholly preclude the possibility of
annoyance from any stable or other Edifice to be erected on the
rear of your lot (by building with a double front to State street
on the corner of Bridge street); whilst on the other hand the-
end of this lot on Pearl street is the only place on which any
other purchaser but yourself could erect a stable which would
essentially destroy the value, pleasure and convenience of your
present residence. Under these considerations, I have deemed
it proper to tender you that lot at private sale, provided you
make at once an offer for it, which appears to be its full value
and such an One as a faithful public agent would be justified
in accepting without a trial at auction. Be pleased, therefore,,
to let me know as soon as possible what sum you are content
to give, at private sale. If such offer does not appear to me to
be the full value of the lot, I will immediately apprise you of
it, and expose it to public sale. If, on the contrary, you sup-
pose an offer on such conditions would be prejudicial to you.
and should therefore decline it, I will thank you to inform me
of that determination without delay, as there exists a necessity
for speedily disposing of the property.
STATE HISTORIAN.
The terms of payment will be one half cash on the delivery
of the Deeds, and the residue, duly secured with Interest on
the first of May next, or in two payments, on the first of April
and July, as may best suit. I shall wait 8 days for your answer-
In ordinary cases a proposal for a purchaser to make the
first offer might not appear altogether liberal and Correct, but
in the present instance, as no advantage can be taken of your
offer, inasmuch as the property belongs to the public, and must
be sold at all events, I presume you will deem my proposition
correct and honorable. Indeed I should not have resorted to
it, but from a wish to oblige you, and in consequence of en-
quiries made by several of your friends whether I would sell this-
lot at private sale.
Permit me to remark that but one offer for private Sale can*,
be taken into consideration, and that must be a liberal oner,
otherwise I must proceed without further hesitation to a sale
at auction, at which I shall take care that no sacrifice be made,,
if I am obliged to become the purchaser myself.
Archibald Grade, Esqr. New York.
THE GOVERNOR EXPRESSES WORDS OF EULOGY FOR CAPTAIN"
LOCKWOOD'S ALBANY RIFLE COMPANY.
Albany, 21 December, 1808.
Sir: Your communication announcing the Resolution of the-
Albany Rifle Company proffering their services as part of the
Detachment of One Hundred thousand men has this day been
presented to me.
It yields me great satisfaction to observe that a corps so>
recently organized, has, by the enterprise and military zeal ot
'
180 ANNUAL REPORT OF THE
its officers and members, become distinguished for numbers
equipments and discipline and I am highly gratified to notice
them among the foremost to devote themselves to the service
of our Country at an eventful and interesting Crisis.
These considerations afford a pleasing presage of future use-
fullness and redound to the honor of the City of Albany and
the State of New York.
Your kind wishes for my health and welfare receive my grate-
ful acknowledgements. With a thankful acceptance of the
Patriotic offer of the services of yourself, your Subalterns and
Company, permit me to express my good wishes for their pros-
perity and happiness and my ardent expectation that should the
good of our Country ever require the Detachment to repair to
the field of Battle, that it will prove to the Albany Rifle Com-
pany the scene of Honor and Glory.
Capt'n Lockwood.
THE GOVERNOR COMPLIMENTS THE HUDSON ARTILLERY COMPANY FOR
THEIR PATRIOTISM.
Albany, 21 December, 1808.
Sir: I trust it will be recorded to the honor of the State of
New York that its Militia vies in Emulation to be enrolled
among the brave Citizens who are now arraying themselves in
Defence of our outraged rights and Sovereignity. The tender
of the services of the Hudson Artillery Company as part of the
thirty thousand volunteers whom the President by an Act of
Congress is authorized to accept, is an additional evidence of
this laudable and patriotic enthusiasm.
The firmness with which they resolve to sacrifice private in-
terest to the promotion of public good, and personal safety to
STATE HISTORIAN. 181
the preservation of liberty and Independence, adds lustre to
their character as Citizens and Soldiers. Be assured, Sir, that
I accept their pledge with sentiments of respect for them and
with ardent wishes for their prosperity and happiness.
Should the feeble hope of a returning sense of Justice in
foreign belligerents prove fallacious, and our Country be con-
strained to resort to arms, I entertain the strongest confidence,
that the Hudson Artillery Company will evince to the World
the Sincerity of the gallant assurances with which the proffer of
their Services is accompanied.
Capt'n Will'm Wigton.
THE GOVERNOR'S WARM TRIBUTE TO MAJOR FRANCIS M'CLURE'S
BATTALION OP RIFLEMEN.
Albany, 21 December, 1808.
Sir: That generous glow of patriotism which animates the
bosom of freemen and stimulates them to sacrifice any per-
sonal enjoyment, nay even life itself, in defence of their coun-
try's rights forms a trait in the human character equally lovely
and exalted.
At a period when this hitherto tranquil abode of Freedom
(her sole refuge upon Earth) is menaced by violence, when her
Safety is jeopardized by insolent and unprecedented encroach-
ments and injustice, it becomes her votaries promptly to inter-
pose the Arm of Valour and testify their attachment and
veneration.
The alacrity with which our native citizens have advanced to
the service of their country, while it proves that they duly ap-
preciate and are determined at every peril, to preserve the bless-
'
182 ANNUAL REPORT OP THE
ings we enjoy, affords reflections highly consolotary to the
friends of Liberty in every Clime.
The Gallant Sons of Erin have experienced the bitter fruits
•of persecution and Arbitrary power in their native soil: many
of those who have sought an asylum in the United States justly
value the privileges and happiness of a free Government. This
is honorably and satisfactorily evinced by the unanimity, spirit
.and enthusiasm with which the Battalion of Riflemen under
your command have enrolled themselves in support of the Gov-
ernment and laws of their adopted Country.
The numbers, discipline and respectability of the batalion are
.highly creditable to the officers and members who compose it,
.and the Patriotic Zeal displayed in their conduct on this oc-
casion gives an Elevated rank to the Corps and commands my
warmest praise. Be pleased, Sir, to announce to the Battalion,
the grateful feelings with wrhich I accept their tender and my
best wishes for their welfare.
Major Francis McClure.
THE GOVERNOR TO MR. NATHANIEL G. ING RA HAM IN REGARD TO A
PERSONAL MATTER.
Albany, 23 December, 1808.
D'r Sir: Although it is not in my power fully to comply with
the request contained in your letter of the 16th Instant, yet I
have done so as far as appears to me to be correct.
Mr. L'Hommedieu's letter being on file in the Secretary's
office, it was not at my option to withdraw it but have, never-
theless, obtained and sent you a copy. The same reason exists
for furnishing a copy only of the recommendation of Jacob
STATE HISTORIAN. 183
Mott and others. I have also enclosed a copy of Mr. RussePs
letter to me, but as that letter was from a friend whom I esteem
and who probably designed it for my perusal only, I cannot con-
sent that any publicity should be given to or any other use made
of it than to satisfy yourself of its contents.
Mr. A. Phcenix and Mr. Jackson are among your relatives and
intimate friends and, therefore, you are furnished with their
original letters.
The note of Judge Livingston is to yourself and was merely
shewn to the Council as the opinion of a learned and respect-
able Judge. It therefore belongs to you and the original is
-accordingly enclosed.
The originals or copies of letters to other Gentlemen than
members of the Council and which may have been shewn to the
latter for their information and advice cannot with propriety
or honor be furnished to any other persons than those to whom
they are directed.
Mr. Nath'l G. Ingraham.
CAPTAIN WILLIAM S. PARKER'S EFFORTS TO ORGANIZE A RIFLE CORPS.
Albany, January 15, 1809.
Sir : I have to apologise for not answering yours of the 29th
December before this time. It was received a few days before
the New Year and as I was much engaged about that time post-
poned an answer until the celebration of that event was over.
The second day after New Year I went to Ballstown for the
benefit of the Waters and during my absence the servants in
settling my office so deranged my papers that it was not until
yesterday that I again came across your letter. This is the
184 4NNUAL REPORT OF THE
true cause of the delay. There will be no hesitation on my
part to organize your company as a Kifle Corps, with rank from
the day of your present commissions and to prescribe in orders
your present uniform whenever the company are willing to
accede to it.
There are no rifle corps to my knowledge within your brigade;
of course the Commissions of the officers of your Company will
be the oldest. There will soon be an application to organize a.
company of Rifle Men in that Brigade, but as your Commissions
will relate back and give you rank from last June, the organiza-
tion of such a company if it should take place would not
prejudice you.
As to permitting the Company to retain muskets indefinitely,
I could not correctly sanction it at present, but if owing to the
scarcity of Rifles it should appear that it is not convenient to
procure them within the year, I shall endeavour to prevent the
dissolution thereof such companies as are enterprising and well
equipped in other respects.
Capt'n WilPm S. Parker.
THE GOVERNOR ACCEPTS CAPTAIN FITZGERALD'S CAVALRY COMPANY.
Albany, January 18, 1809.
Sir: The benevolent mind must survey with sorrow the dis-
tress and misery which attend the unbounded rapacity and am-
bition of the European Potentates who are desolating the old
world, and must sincerely deplore the unjust and oppressed
measures which tend to involve our peaceful abode in the conse-
quences of their sanguinary conflicts.
The preservation of peace unsullied by dishonor or the sur-
render of National independence is undoubtedly the prominent
STATE HISTORIAN.
185
object of the rulers of our country. But should their efforts
for that purpose be defeated by a perseverance of the Belliger-
ents in those measures which they have recently pursued, to
which no independent mental power can submit, I entertain a
hope that every American will rally round the Standard of his
Country and to the utmost of his ability resist the invaders of
his dearest rights and privileges.
The Company of Cavalry under your command, have dis-
played this laudable and genuine American Spirit in the prompt
and cheerful tender of their services under the Act of Congress
of 24 February 1807.
Permit me thro' you to convey to them my acceptance of their
offer and my high approbation of their Patriotism.
Capt'n Edm'd Fitzgerald.
THE GOVERNOR ASKS PRESIDENT JEFFERSON FOR GUNS FOR THE FORT
AT THE STATEN ISLAND SIDE OF THE NARROWS (FORT WADS-
WORTH).
Albany, January 21, 1809.
Sir: Pursuant to a law of this State appropriating $100,000
for fortifying the port and harbour of New York, operations
have been begun at and near Signal Hill on Staten Island. A
Water Battery on the beach directly under the Hill will be soon
so far completed, as to. receive from 25 to 30 Cannon. Exca-
vated retiring Batteries at the Southerly point of the high
ground are progressing rapidly, and will be prepared in about
thirty days to mount 40 or 50 Cannon. A few rods Southerly
of the observatory an open work calculated for 12 Guns will
be finished during the ensuing week. All the preceding are
186 ANNUAL REPORT OF THE
commanded by a redoubt to be established on the eminence at
Signal Hill.* As the latter work is to be of masonry, the only
measures which can be taken there until the opening of the
Spring are procuring Materials, digging the ditches and sink-
ing a Well, in which the Commissioners are rapidly progressing,
A convenient road has been made for conveying materials from
the shore to the high ground.
Barracks sufficiently capacious to accommodate 200 mechan-
icks and labourers, have been erected and a wharf constructed
for the convenience of landing materials. Upwards of 100 inert
are at present employed at the works at 25 cents and one ration,
per day, and in the course of the next week, the number will be
augmented to 200.
The Commisioners having desired me to furnish the ordnance
for the Batteries immediately, I find myself under the necessity
of resorting to the General Government for some assistance.
The State has 68 Iron twenty four and thirty two pounders,
mounted on truck or Garrison Carriages. But the Guns are
not so good, nor are the carriages so well constructed as to be
fit for immediate service in those batteries. I am also author-
ized to procure for the State some additional Iron ordnance,,
but have not as yet been able to obtain such as are approved.
Under these circumstances I take the liberty of enquiring
whether the supply of the General Government is such that
you would consent to provide the Batteries and Works erected
by the State with the article of mounted Guns only? Should
this request be assented to, I am persuaded the appropriation,
made by this State will upon the economical plan adopted by
the Commissioners for its expenditure, complete a very essen-
* Signal Hill stands on the northeast section of Staten Island in the rear of Fort
Wadsworth.
STATE HISTORIAN. 187
tial and valuable extension of the defensive operations pursu-
ing under the United States. I beg leave to mention that by
an Act of the Legislature of this State passed 20th March 1807r
a copy of which I had the honor to enclose to the Secretary of
War in April last, the lands on which the above mentioned bat-
teries and redoubt were given to the United States for the pur-
pose of fortifications, and as the board of public officers ap-
pointed by that Law are empowered to cede the Jurisdiction
of any lands which may be required by the Presid't and are
willing so to do, I trust that there can be no obstacle to a com-
pliance with the above request arising upon the subject of Title
or Jurisdiction.
Thomas Jefferson, President of The United States.
ANOTHER VACANCY IN THE BOARD OF REGENTS OF THE UNIVERSITY,
Gentlemen: It becomes my duty to inform you, that by the
death of Peter Sylvester, Esqr.* a vacancy has occurred in the
board of Regents of the University of this State.
Daniel D. Tompkins.
Albany 24th, January 1809.
THE GOVERNOR INFORMS GENERAL DEARBORN HE IS OVERWHELMED-
WITH APPLICATIONS FOR COMMISSIONS THE MILITIA AND TUB
REGULARS.
Albany, January 27, 1800.
Sir: I had the honor of receiving your communication of the
18 Instant, and shall without delay attend to the selection of
the Militia who can be depended upon near each post on our
Northern and Western Frontiers. Altho' the powers tuul
* Peter Sylvester was appointed a Regent of the University April 13, 1787, and was
succeeded Jan. 31, 1809, by Nathan Smith, of Herkiraer County.— STATE HISTORIAN.
188 ANNUAL REPORT OP THE
duties of Troops ordered into service are by the law which has
recently passed, very plainly and satisfactorily defined, yet the
mode of proceeding by the officer who is to be empowered to
call them out, is left very much to the Instructions of the Presi-
dent. I would, therefore, respectfully suggest the propriety of
furnishing the officer to be designated with very minute and
specific instructions, and with all the forms necessary to a Com-
pliance with the Rules of the War Office, in auditing military
accounts, without which you may calculate upon much irregu-
larity in that respect which will only produce embarrassment
to the officer and finally dissatisfaction and murmuring that his
accounts should be scrutinized by official rules of form, of which
he is utterly ignorant. I shall take the liberty of nominating
the officers to you by Monday's mail. I beg leave to ask your
advice and instruction upon one or two subjects connected with
the Detachment of 100,000 Militia. The President authorises
the acceptance of the services of companies who volunteer
under the 30,000 Act and also as part of the Detachment. It
so happens that many of our most patriotic uniform companies
are not full but Contain generally from 30 to 60, and in some
cases also all the members of the company volunteer except one
or two. 1 have been in the habit heretofore of accepting the
services of Companies in both cases, namely where the Com-
pany is not a full one and where two or three obstinate persons
have dissented. Altho it will result from thus accepting that
the regiment must be organized with a less number of men or
with a greater number of officers than is usual to constitute a
Regiment, yet this may be remedied when the Troops arrive
at the place of Rendezvous for actual service. To reject the
tender in such cases would discourage volunteering, which has
STATE HISTORIAN. 18D
in this State, notwithstanding the dishonorable and unprincipled
exertions of Federalists to prevent it, been very general. Some
Field Officers having rejected tenders of services under such
circumstances, I will thank you for your advice on the matter.
By the Same mail which conveys this, I have transmitted a few
recommendations for military offices, with separate remarks.
I do not know whether the officers under the act for raising
50,000 Volunteers will be taken from the Militia or be appointed
by the President without regarding their standing as Militia
officers. If you will be so obliging as to inform me whether a
Lieutenant Colonel of Cavalry Colonel of Artillery, or Major of
Artillery which you informed me in New York were still vacant,
are to come from this State, 1 will have suitable persons recom-
mended to you, and a line from you informing me whether mili-
tary appointments are to be made at present and if recom-
mendations be fruitless, you will save me the unpleasant task
of giving you unnecessary trouble for the Expectation of the
50,000 Act passing, draws upon me hundreds of earnest candi-
dates for appointments, some of whom 1 cannot avoid recom-
mending, unless I have information which enables me to assure
them with truth that recommendations are unavailing.
Hon Henry Dearborn, Sect'y of War.
GENERAL BENJAMIN MOOERS APPOINTED TO THE COMMAND OF THE
CHAMPLAIN DISTRICT.
Albany, February 2, 1809.
D'r Sir: Pursuant to the President's request contained in
the enclosed letter from the Secretary at War, I have taken the
I
190 ANNUAL REPORT OF THE
liberty of designating and appointing you as the proper Militia
officer to be empowered by the President to employ such part
of the Militia of this State as may be Judged necessary in the
district of the Champlain, pursuant to the llth section of the
Act of Congress entitled an "Act laying an Embargo on all
ships and vessels in the ports and Harbours of the United
States, and the several acts supplementary thereto " passed Jan-
uary 9, 1809.*
Man. 9, 1809.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That if any person or persons shall put, place, or
load on board any ship, vessel, boat or water craft, or into any cart, wagon, sled, or
other carriage or vehicle, with or without wheels, any specie, goods, wares or merchan-
dise, with intent to export, transport or convey the same without the United States or
the territories thereof, to any foreign place, kingdom or country, or with intent to
convey the same on board any foreign ship or vessel within or without the limits
of the United States, or with the intent in any other manner to evade the acts to
which this act is a supplement, all such specie, goods, wares and merchandise, and
also the ship, vessel, boat, water craft, cart, wagon, sled, or other carriage or vehicle,
on board, or in which the same may be so put, placed, or loaded as aforesaid, shall
be forfeited, and the person or persons so putting, placing or loading the same as
aforesaid, and also the aiders and abettors therein, shall, upon conviction, be adjudged
guilty of a high misdemeanor, and fined a sum, by the court before which the con-
viction is had, equal to four times the value of such specie, goods, wares and mer-
chandise: Provided however, that this section shall not be construed to extend to
any person or persons, not being the owner or owners of such specie, goods, wares or
merchandise, who shall first inform and make complaint to the collector of the dis-
trict of any such offence committed within the same district; and any informer or
informers, not being the owner or owners as aforesaid, upon conviction of the offend-
ers, shall be entitled to one half of the fine aforesaid, when the same shall be received
by the United States, and shall be entitled to a certificate for that purpose from the
court before whom the conviction shall be had.
Sec. 2. And be it further enacted, That it shall not be lawful to put on board any
ship, vessel, or boat of any description whatever, any specie or goods, wares or mer-
chandise, either of domestic or foreign growth, produce, or manufacture, and the
same is hereby prohibited, unless a permit particularly stating the articles thus to
be laden shall have been previously obtained from the collector of the district, in
which such ship, vessel, or boat may then be, or from a revenue officer specially
authorized by the collector to grant such permits; nor unless the lading shall be
made under the inspection of the proper revenue officers, nor unless the owner or
owners, consignee or factor of such ship, vessel, or boat shall, with the master, have
given bond with one or more sureties to the United States, in a sum six times the
value of the vessel and cargo, that the vessel shall not leave the port without a
clearance, nor shall, when leaving the port, proceed to a foreign port or place, nor
shall put any article on board of any other vessel; and that the whole cargo shall
be relanded either in the port where the vessel may then be, or in such other port
of the United States as shall be designated in the clearance. And it shall be lawful
for the collectors of the customs to refuse permission to put any cargo on board
any such ship, vessel, or boat, whenever in their opinion there is an intention to
violate the embargo, or whenever they shall have received instructions to that effect
toy direction of the President of the United States: Provided, that nothing contained
in this section shall be construed to extend to any ship, vessel, or boat, uniformly
employed in the navigation only of bays, sounds, rivers and lakes, within the juris-
STATE HISTORIAN.
191
I have also enclosed you a copy of the Eleventh section of
the act wherein the powers and duties of any military force to
be employed are defined.
The Collector has by the same conveyance by which this is
transmitted been notified of your appointment and of the neces-
sity of applying to you whenever military aid becomes necessary.
I have also requested the Secretary at War to furnish blank
forms for making such returns and rolls of any detachment
diction of the United States, which shall have obtained a general permission, agree-
Ably to the provisions in the fourth section of this act.
Sec. 3. And be it further enacted, That the owner or owners, consignee or factor,
of any ship, vessel, or boat, as described in the preceding section, which may, at the
time when notice of this act shall be received at the several custom-houses respectively,
be laden in whole or in part, shall, on notice given by the collector, either discharge
such cargo or give bond for the same, in the manner and on the conditions men-
tioned in the preceding section; and if the cargo shall not be discharged within ten
days or the bond given within three days after such notice, the ship, vessel, or boat
and cargo shall be wholly forfeited: but the collectors are hereby authorized to order
or to cause the cargoes of such vessels to be discharged for the same causes as
they may refuse permission to put any cargo on board of vessels not yet laden in
whole or in part. And they are likewise authorized in the meanwhile, and until
the cargoes shall have been discharged, or bonds given, as the case may be, to
take possession of such vessels, and to take such other measures as may be neces-
sary to prevent their departure.
Sec. 4. And be it further enacted, That the collectors of the customs be, and they
are hereby authorized to grant, under such general instructions as the President of
the United States may give to that effect, a general permission to ships, vessels or
boats, whose employment has uniformly been confined to the navigation of bays,
sounds, rivers, or lakes within the jurisdiction of the United States, when it can be
done without danger of the embargo being violated, to take on board at any time
such articles of domestic or foreign growth as may be designated in such general
permission or permissions, bond with one or more sureties being previously given
to the United States by the owner, owners, consignee or factors of such ship, vessel,
or boat, and by the master thereof, in an amount equal to three hundred dollars for
•each ton of the said vessel, that such vessel shall not, during the time limited in
the condition of the bond, depart from any district of the United States, without
having previously obtained a clearance, nor until the master or commander shall
liave delivered to- the collector or surveyor of the port of departure a manifest of
the whole cargo on board, that the said vessel shall not during the time above men-
tioned, proceed to any other port than that mentioned in her clearance, or put any
article on board of any other vessel, or be employed in any foreign trade; and that
on every voyage or trip, the whole of the cargo shall be landed in a port of the
United States within the bay, sound, rivers or lakes, to which the navigation of such
vessel is confined.
Sec. 5. And be it further enacted, That if any ship, vessel, or boat, not having
received a general permission, and a general bond not having been first given in
the manner provided for in the next preceding section, shall take on board any
specie, or any goods, wares or merchandise, either of foreign or domestic growth,
produce or manufacture, contrary to the provisions of the second section of this
act, such ship, vessel, or boat, together with the species and goods, wares or merchan-
dise, shall be wholly forfeited: and the owner or owners, agent, freighter or factors,
master or commander of such ship, vessel or boat, shall moreover severally forfeit
and pay a sum equal to the value of the ship, vessel or boat, and of the cargo put
on board the same.
192 ANNUAL REPORT OF THE
hereafter to be called into service as will comply with the forms
and rules of that Detachment.
When they are received I shall have the pleasure of enclosing
them to you.
Genl. Benjamin Moers.
P. S. As soon as I shall learn whether I shall be able to
comply with your wishes communicated by Mr. Sailly relative
to the 50,000 volunteers, you shall be duly notified.*
*For New York's quota under the Federal Act of 30 March, 1808, see Tompkins
Papers, Vol. I, pp. 203-205; for the distribution of the New York Militia in the spring
of 1809, see Tompkins Papers, Vol. I, pp. 209-217.— STATE HISTORIAN.
Sec. 6. And be it further enacted, That the person or persons whose names do or
may appear as owner or owners of any ship or vessel either on the certificate of
registry, enrolment, or license of any ship or vessel, or if neither registered or licenses,
on the last clearance or custom-house document issued before the passing of this act
for such ship or vessel, shall be reputed as the true owner or owners of such ship
or vessel, and be liable to the payment of all penalties which may be incurred by the
owners of such ship or vessel, by reason of any violation of any of the provisions
of this act, or of the act laying an embargo on all ships and vessels in the ports
and harbors of the United States, or of any of the acts supplementary thereto, by
such ship or vessel: Provided always, that nothing in this section contained shall
be construed to release any other person or persons from the payment of any penalty
incurred by virtue of any of the acts aforesaid. And in case of any new register or
license being granted during the continuance of the said acts, or in case of the sale
of any ship or vessel neither registered or licensed, a bond with one or more sureties
to the United States shall, previous to the granting any such new register or license,
or to recognizing the sale of such vessel not registered or licensed, be required by
the collector, in an amount equal to three hundred dollars for each ton of such ship
or vessel, that such ship or vessel shall not, during the continuance of the acts laying
an embargo on all ships and vessels in the ports and harbors of the United States,
contravene or infringe any of the provisions of the said acts: Provided, that nothing
herein contained, shall be construed to extend to the owner or owners of any ship
or vessel who shall have made a bona fide sale of such ship or vessel, in any port
or harbor of the United States, before notice of this act at such port or harbor,
respectively: nor to the owner or owners of any ship or vessel, in any foreign port
or place, who shall have made a bona fide sale thereof, before notice of this act:
And provided also, that such bond shall not release the owners and master of such
ship or vessel, or any other person from the obligation of giving every other bond
required by this act or by any of the acts aforesaid.
Sec. 7. And be it further enacted, That in all cases where, either under this act,
or under the act laying an embargo on all ships or vessels in the ports and harbors
of the United States, or under any of the acts supplementary thereto, a bond has
been or shall be given to the United States, with condition that certain goods, wares,
and merchandise, or the cargo of a vessel shall be relanded in some port of the United
States, the party or parties to such bond shall, within two months after the date
of the same, (unless in the case of a voyage from New Orleans to an Atlantic port
or from an Atlantic port to New Orleans, in either of which cases, four months shall
as heretofore be allowed,) produce to the collector of the port from which the vessel
had been cleared with such goods, wares, merchandise or cargo, a certificate of the
relanding of the same from the collector of the proper port; on failure whereof, the
bond shall be put in suit: and in every such suit, as well as in every suit instituted
on a bond given for a voyage from or to New Orleans, judgment shall be given against
the defendant or defendants, unless proof shall be given of such relanding, or of loss
STATK HISTORIAN.
103
COLLECTOR WOOLSEY NOTIFIED.
Albany, February 2, 1809.
Sir: The President lias authorized me to name a Militia
officer in the neighbourhood of the Port of which your are Col-
lector for the purpose of employing such part of the Militia as
may be deemed necessary in the district of Champlain according
to the Eleventh section of the late Act to enforce and make
more effectual the Embargo laws.
of the vessel at sea. But neither capture, distress, or any other accident whatever
shall be pleaded or given in evidence in any such suit: Unless such capture shall
be expressly proved to have been hostile, and such distress or accident occasioned by
no negligence or deviation, nor unless such vessel shall have been from the com-
mencement of the voyage wholly navigated by a master, mate or mates, mariners
and crew, all of whom shall be citizens of the United States; nor unless such mate
or mates, mariners and crew, shall all, if living, (and the proof of their death shall
lie on the defendant) be produced on the trial, and sworn as competent witnesses:
nor unless such master, mate or mates, mariners and crew shall have signed a ship-
ping paper in due form of law, and a copy thereof designating specially the master,
mate or mates, mariners and crew, and their permanent places of residence, shall
have been lodged with the collector of the port, to whom the bond aforesaid shall
have been given, before the commencement of the voyage, and subscribed and sworn
to by the master before such collector; and any master who shall falsely, wilfully,
and corruptly swear as to the facts contained in such copy, shall, on conviction, suffer
the pains and penalties cf perjury. And in every suit instituted on a bond, given as
aforesaid, the defendants shall pay all costs, if they shall not within the limited time
have produced the certificate of relanding to the collector of the proper port.
Sec. 8. And be it further enacted, That no registered or sea letter vessel, although
in ballast, shall receive a clearance, or be permitted to depart from any port of the
United States, unless the same bond shall have been previously given which is
required from vessels licensed for the coasting trade, before they are allowed to
depart. And if any such ship or vessel shall depart without bond having been given
as aforesaid, the said ship or vessel shall be forfeited; and the owner, owners, agent,
consignee, factor and master or commander of such ship or vessel, as well as any
other person concerned in such prohibited departure, shall be liable to the same
penalties imposed by law in the case of vessels licensed for the coasting trade depart-
ing without bond having been given, or without clearance, as aforesaid.
Sec. 9. And be it further enacted, That the collectors of all the districts of the
United States shall, and they are hereby authorized to take into their custody specie
or any articles of domestic growth, produce, or manufacture, found on board of any
ship or vessel, boat or other water craft, when there is reason to believe that they
are intended for exportation, or when in vessels, carts, wagons, sleighs, or any other
carriage, or in any manner apparently on their way towards the territories of a foreign
nation, or the vicinity thereof, or towards a place whence such articles are intended
to be exported; and not to permit such articles to be removed, until bond with suffi-
cient sureties shall have been given for the landing or delivery of the same in some
place of the United States, whence, in the opinion of the collector, there shall not be
any danger of such articles being exported.
Sec. 10. And be it further enacted, That the powers given to the collectors, either
by this or any other act respecting the embargo, to refuse permission to put any
cargo on board any vessel, boat, or other water craft, to detain any vessel, or to take
into their custody any articles for the purpose of preventing violations of the embargo,
shall be exercised in conformity with such instructions as the President may give,
and such general rules as he may prescribe for that purpose, made in pursuance of
13
194 A'NNUAL REPORT OF THE
You are accordingly hereby notified, that Brigadier General
Benjamin Moers has been designated and appointed for that
purpose and you will accordingly apply to him for military aid
to sustain the Custom House officers in the enforcement of the
laws when ever in your opinion it becomes necessary and proper.
Genl. M. L. Woolsey.
ONEIDA INDIANS NEGOTIATE FOR THE SALE OF LANDS.
Gentlemen: Several of the Oneida nations of Indians have
come to this city with a view to negotiate for the sale to the
State of the land lying on the Fish Creek, between Bloomfield's
bridge and the Oneida lake. It is therefore expedient that the
Legislature should determine whether they will authorize such
purchase.
Danl. D. Tompkins.
Feby. 11, 1809.
the powers aforesaid; which instructions and general rules the collectors shall be
bound to obey: And if any action or suit be brought against any collector or other
person acting under the directions of, and in pursuance of this act, he may plead
the general issue, and give this act and the instructions and regulations of the Presi-
dent in evidence, for his justification and defence. And any person aggrieved by the
acts of any collector, in either of the cases aforesaid, may file his petition before
the district court of the district wherein the collector resides, stating the facts of
his case, and thereupon, after due notice given to the district attorney and the col-
lector, the said court may summarily hear and adjudge thereupon, as law and justice
may require; and the judgment of said court, and the reason and facts whereon it is
grounded, shall be filed among the records of said court; and if restoration of the
property detained or taken in custody, or permission to load as aforesaid, shall be
decreed, it shall be upon the party's giving such bond with sureties as is or shall be
required to be taken in similar cases by the collector, and not otherwise; but if the
said court shall adjudge against such petition, the collector shall be entitled to treble
costs, which shall be taxed for him, and execution awarded accordingly by the court.
Sec. 11. And be it further enacted, That it shall be lawful for the President of the
United States, or such other person as he shall have empowered for that purpose,
to employ such part of the land or naval forces or militia of the United States, or
of the territories thereof as may be judged necessary, in conformity with the pro-
visions of this and other acts respecting the embargo, for the purpose of preventing
the illegal departure of any ship or vessel, or of detaining, taking possession of, and
keeping in custody any ship or vessel, or of taking into custody and guarding any
specie, or articles of domestic growth, produce or manufacture, and also for the pur-
pose of preventing and suppressing any armed or riotous assemblage of persons, resist-
ing the custom-house officers in the exercise of their duties, or in any manner oppos-
ing the execution of the laws laying an embargo, or otherwise violating, or assisting
and abetting violations of the same.
Sec. 12. And be it further enacted, That all penalties and forfeitures incurred by
force of this act, unless herein before otherwise directed, and all penalties and for-
STATE HISTORIAN. 195
Gentlemen: Pursuant to the authority contained in concur-
rent resolutions of the legislature, a contract has been made
with the Christian party of Oneida indians, for the purchase of
the lands mentioned in said resolutions; it therefore has become
necessary that provision should be made by law for the payment
of the monies contracted to be paid, which will require an appro-
priation of about two thousand dollars for immediate payments.
I beg leave also to mention to the legislature, that some of
the pagan party of Oneida indians are now at the seat of gov-
ernment, for the purpose of selling to the State a part of their
lands, upon terms which' appear to be equitable and highly
feitures incurred by force of the act, intituled "An act laying an embargo on all ships
and vessels in the ports and harbors of the United States," or by virtue of the several
acts supplementary thereto, may be prosecuted, sued for, and recovered by action of
debt, or by indictment or information, any law, usage or custom to the contrary
notwithstanding; and if recovered in consequence of any seizure made by the com-
mander of any public armed vessel of the United States, shall be distributed according
to the rules prescribed by the act. intituled "An act for the government of the navy
of the United States," and if otherwise, shall be distributed, and accounted for in
the manner prescribed by the act, intituled "An act to regulate the collection of
duties on imports and tonnage," passed the second day of March, one thousand seven
hundred and ninety-nine, and may be mitigated or remitted in the manner prescribed
by the act, intituled "An act to provide for mitigating or remitting forfeitures, pen-
alties, and disabilities accruing in certain cases therein mentioned," passed the third
day of March, one thousand seven hundred and ninety-seven, and made perpetual
by an act passed the eleventh day of February, one thousand eight hundred; and
any officer or other person entitled to a part or share of any of the fines, penalties
or forfeitures aforesaid, may, if necessary, be a witness on the trial therefor, but in
such case he shall not receive any part or share of the said fine, penalty or forfeit-
ure, but the part or share to which he would otherwise be entitled shall revert to
the United States.
Sec. 13. And be it further enacted, That the President of the United States be, and
he hereby is authorized to hire, arm and employ thirty vessels, not exceeding in ton-
nage one hundred and thirty tons each, belonging to citizens of the United States,
and so many seamen as shall be necessary to man the same, for immediate service,
to enforcing the laws of the United States on the sea coast thereof, and to dismiss
the same from service, whenever he shall deem the same expedient: Provided however,
that such hiring, arming and employment shall not be for a term exceeding one year.
And the said ships or vessels, when so hired and armed, shall be employed under
the direction of the Secretary of the Treasury.
Sec. 14. And be it further enacted, That the powers given to the President of the
United States by the seventh section of the act of March the twelfth, one thousand
eight hundred and eight, to grant permission to citizens having property of value in
places without the jurisdiction of the United States, to despatch vessels for the same,
shall henceforth cease.
Sec. 15. And be it further enacted, That this act shall be in force from and after
the passing thereof, during the continuance of the act, intituled "An act laying
an embargo on all ships and vessels in the ports and harbors of the United States,"
and no longer. Approved, January 9, 1809.
I
196 ANNUAL REPORT OP THE
advantageous to the state. The advice and direction of the
Legislature, in relation to a purchase of the last mentioned
Indians, is respectfully requested.
Daniel D. Tompkins.
Albany 15th February 1809.
Gentlemen: Pursuant to concurrent resolutions of the legis-
lature of the loth Instant, a contract has been made with the
Pagan party of Oneida Indians, for the purchase of their lands
.eas^t of Oneida Creek, supposed to contain twelve or thirteen
thdusandt acres of land. The payments to be made immediately,
on this contract, will not exceed two thousand dollars; for the
performance of which, an appropriation by Law is necessary.
Daniel D. Tompkins.
Albany, February 20th, 1809.
MILITARY STORES AND HOW DISTRIBUTED IN THE EARLY WINTER OP
1809.
Gentlemen: I have the honor of laying before you the annual
report of the Commissary of Military stores. In the Journals
of the Assembly, I observe a separate communication of the
commissary, relative to rifles, and budge barrels, has been re-
ferred to a committee. I beg leave to mention, that the latter,
being an equipment of ordnance and field artillery, is already
provided for by the Act authorising the purchase of an addi-
tional quantity of ordnance, arms and ammunition for the use
of this State, and for other purposes, passed April 8th, 1808.
I concur in recommending the purchase of from five hundred to
one thousand riffles. A provision for that purchase will not
STATK HISTORIAN. 197
require any new appropriation, as no part of the sum of sixty-
five thousand dollars, granted for Military purposes, by the act
above referred to, has yet been drawn or expended.
'Daniel D. Tompkins.
Albany, February 15th, 1809.
A correct statement of all and singular the Warlike Stores and Property belonging
to the State of New York lying in different parts of the State, from the town of
Champlain, on the Chazy river, to Albany, and from the Narrows to Niagara. Reporting
the condition of the same.
IRON ORDNANCE.
40 pieces of 32 pounders, in ordnance, New York
41 Do 24 Do 28 of which are in New York
12 at Ellis Island
1 Bedlows
Fifty-four of which are completely
equipped with carriages, shot, shod
handspikes &c &c.
€ old pieces of 12 pounders with carriages complete, in arsenal yard, New York.
5 pieces of 9 do 4 of which are in Arsenal, with 4 old garrison carriages
1 " at Ticonderoga,
11 Do 6 do of which are in Arsenal yard, New York,
2 at Whitehall,
1 Fort Columbus,
2 Fort Stanwix, one of which is unfit for service.
6 pieces of 4 pounders 1 of which is in arsenal yard, New York.
1 at Utica, in possession of Capt. Bellinger.
1 at Canandaigua in possession of General Taylor.
1 at Westmoreland.
1 at Manlius square, in possession of Epm. Barrel!, and
1 Oswego Falls.
BRASS ORDNANCE completely Equipped.
6 pieces of 12 pounders, 4 of which are in the Arsenal, New York.
2 at the Narrows, delivered General Morton,
do 9 in Arsenal, New York.
37 pieces, 6 pounders, 12 of which are in Arsenal, New York.
8 delivered to General Morton.
4 Dutchess in possession of S. Hawkins and Captains Dibble &
Woojly
2 Westchester, delivered Capt. D. Miller,
1 Oneida Col. Kirkland,
1 Montgomery Capt. John Veeder,
3 Rensselaer " Lansing,
1 Washington Col. S. Thorn,
2 Columbia Capt. Wigton,
2 To Captains Brown and Whitney in Col. S. Thorn's Regiment,
1 Orange Capt. W. Ross,
41 pieces of 4 pounders 1 Oneida Col. I. Kirkland,
1 Montgomery Capt. John Veeder,
2 Washington Col. Stepn. Thorn,
198 ANNUAL REPORT OF THE
pieces of 4 pounders 1 Judge Buell,
1 Seneca Capt. Jas. McCall,
2 Granville Col. Step. Thorn,
1 Clinton Capt. Green,
2 Canandaigua,
41 pieces of 3 pounders, 2 of which are in Arsenal, New York,
2 Dutchess, delivered Major Bogert,
5 Montgomery, Col. Kennedy Major Pox & Capt. Eiscn-
lord.
1 Rensselaer, Capt. H. Potter,
28Washington, Capt. Sol. Day,
2 Columbia, Capt. Jenkins,
1 " Capt. Woodward of Col. Thorn's Regt.
1 Granville, Col. Step. Thorn,
4 Orange, Genl. James Wilkin, Capt. W. Ross, and
Capt. I. Kerr,
1 Capt. I. Lincoln,
1 Rome
1 Schenectady, Capt. H. Teller,
2 Saratoga Capt. Pitcher,
1 Onondaga Capt. S. Sherwood,
1 Ontario Capt. W. Greeves,
2 Greene Capt. S. Van Wyck,
2 Kings, Major Boerum,
2 Suffolk, Capt. Jermain,
2 Otsego, Capt. Mason,
5 Herkimer, Genl. Widrig, &c.
2 pieces of 2 pounders, 1 State Prison,
1 Orange, Captain John Kerr,
1 " 8 Inch Mortar, Narrows, General Jacob Morton,
BRASS ORDNANCE, not mounted.
8 pieces, -9 pounders, arsenal yard, New York.
12 " 6 do
3 " 3 do
2 " 1 do
2 " 10 inch mortars, not bedded,
A quantity of shells for 8 and 10 inch in ordnance yard, New York, 3 boxes tubes
for 8 and 10 inch, marked from 15 to 30 seconds.
4021 round shot for 32 pounders
4065 do 24 do
1116 do 18 do
92 do 12 do
In ordnance yard and arsenal, New York.
Round shot, cast by order of His Excellency the Commandez in Chief, viz.
In Arsenal, New York. In Arsenal, Albany,
By Robert McQueen, New York By Townsend, Albany,
Tons Cwt. qurs. Ib. Tons Cwt. qrs. Ibs.
12 pounders 61 16 6 pounders 7 2 3 14
9" 55254" 5110
6 4 18 1 6 3 " 6 2 26
Cannister & Grape 15 3 2
Total 16 19 3 1 Total 18 4 3 11
In Arsenal, New York.
«. quantity flannel blank cartridges for 32, 24, 18 & 12 pounds damaged.
A large quantity of waddings for the above calibre,
A quantity blank tubes, and 70 powder horns,
STATE HISTORIAN. 199
1 Ammunition waggon, out of repair,
15 Tumbrils in different parts of the state,
1 Devil carriage complete, 2 travelling forges complete,
33 Coils slow match different sizes,
5 Wheel barrows out of repair,
2 proof carriages and 1 set cannon slings,
26 new shaft harness and a quantity old leading harness,
2 Coils rigging for drag rope and 1 powder cart.
SMALL ARMS.
Arsenal New York English 880
Do Do Hamburg 324 not equipped
Completely equipped with ammunition &c. as the law directs.
State prison English 10
Arsenal Albany 1811
Union College Schenectady 60
Utica, for the town of Champion Jefferson Cy. 600
Rome, County of Oneida 700
Onondaga, County of Onondaga 600
Canandaigua, County Ontario in arsenal under the care of Stephen Bates 1011
Batavia, County of Genesee 600
Counties, Clinton & Essex via Elizabethtown &c. 630
Total 6926
3 boxes scabbards containing 2300
2092 worms for small arms
1905 prickers for Do.
225,500 rounds fix'd ammunition, in stores New York, and Albany, of 16, 18 and 20 to
the pound.
1 Tarpaulin for traying Powder
Shod Powder, shovel and scoop
16 Empty ammunition boxes
3200 Musket balls in Magazine New York;
In Albany Arsenal: I Gin block and fall and 2 setts spare tackles 74 boxes ammu-
nition for muskets 16 to the pound 8 boxes buck shot 890 sets accoutrements for
small arms 1 gin block and fall 58,500 pounds fixed ammunition for small arms,
delivered for the eastern and western districts, as the law directed, 2 boxes fixed
ammunition, for Quarter Master Sexias, as per Order of General Morton, contg. 1000
rounds each.
286 round shot, of different sizes, for practg. at dift. times.
1 Wad hook for 24 pounder
1 ladle for Do
1 sponge Do
1 powder horn with belt
1 lint stock
2 shod handspikes
Removed from Bedlow's Island to fort Columbus
1 slide carriage and roller,
1 long 6 pounder,
1 Truck carriage for do,
1 was hook for do,
1 ladle for do,
1 Rammer for do,
1 powder horn with belt
Removed from Ellis's Island to Fort Columbus
6 Muskets deficient in store in State Street
1176 Rounds 12 pound shot
289 " 9 Do
Vz boxes strapt ammunition
3 Do fixed for Muskets, contg 1000 ea
4 bbls Powder of lOOlb each
36 Quarter Casks Do
Property unaccounted for by the Commissary of Military Stores in 1800/,
200 ANNUAL REPORT OF THE
64 Quarter casks Brandy wine powder
1 small piece brass artillery
Unaccounted for by my predecessor.
The magazine is completed, with the exception of copper locks and hinges for the
inner doors, and the same is inclosed by a wall of masonry ten feet in height. A
dwelling house for the keeper, a well of excellent water, and a convenient stone and
gravel road from the public street to the magazine, are also finished.
A contract for two thousand stand of small arms has been made with Mr. Eli Whitney
of New Haven, agreably to the 17 section of the Act, entitled "An Act for the pay-
ment of certain officers of government, and for other purposes " passed April llth 1807,
the construction of which are to differ from those heretofore fabricated in the United
States in the following particulars.
1st. From *4 to */& Ibs. added to the weight and strength of the barrel, from the centre
to the breech
2nd. An Additional strength to the limbs of the lock.
3rd. An Additional strength to the breech pin, by adding from 2 to 4 threads.
4th. An Additional strength to the grip qf the stock.
5th. The ramrods to be entirely of steel, also the bayonets with sockets completely
collared.
6th. The stocks to be of seasoned black walnut, and the whole to be completed in a
workman-like manner, according to the decision of a competent person, toxbe
.appointed for that purpose. A Sample of the muskets contracted for, will, if
possible, be furnished for the inspection and examination of the members of
the legislature, before the conclusion of the present session.
The number of brass pieces cast at the Columbia foundry is 68, consisting of twelves,
nines, sixes and threes, and two ten inch mortars and one prouvette. One piece is
still at Georgetown, to be recast. All the brass ordnance and artillery mentioned in
the above annual report to be equipped, are now mounting and equipping with the
utmost expedition, and will be completed in the course of the winter, together with
a gin, on a new construction, for moving heavy ordnance.
John McLean,
New York 20th Feby. 1809. Commissary of military stores.
MEMORANDA OF THE GOVERNOR TOGETHER WITH SPECIFICATIONS
FOR AN ARSENAL.
Albany, February 18, 1809.— Sent an appointment to Col. Paul
Stickney for the district of Sackets Harbour similar to the next
preceding letter but one directed to Genl. Mooers of Plattsburgh.
Albany, March 7, 1809.— Made out and sent a copy of the
above mentioned letter to General Mooers, Mutatis Mivtandis, for
Isaac Hall of Onondaga for that district.
NOTE— The Collectors of both the above districts were per-
sonally notified of the above appointments and were themselves
the bearers of the letters conveying notice thereof.
March 8, 1809.— Made out and sent a Copy of the above men-
tioned letter to Major Timothy Hopkins of Buffaloe for the dis-
STATE HISTORIAN. 201
trict of which Erastus Granger is Collector — sent at the same
time notice thereof to the Collector.
March.
Memorandum concerning a deposit of Arms to be erected at Elizabethtown, Essex
County.
1st Title to a Lot of Ground at least 6C feet by 100 fronting on some road or Street
must be obtained.
2nd The building must not be less than 20 feet by 30 with the gable end towards
the road or Street and to be of stone, brick or Wood according as a Majority
of Gentlemen hereafter named may deem most suitable ornamental & cecono-
mical.
3rd If built of stone they must be of the first quality of building stone smoothly
faced and handsomely laid. If choice stone cannot be procured the building
ought rather to be of brick or timber.
4th The foundation will consist of an extensive mason wall of ample thickness to
support the superstructure and an interior wall running lengthwise through
the center. The first at least two feet and the second at least one foot in
the ground and both raised to an exact level at least eighteen inches above
the surface of the ground. The foundation Walls to be of the best building
stone. A plate on the interior wall will support three pillars, the first 12 feet,
the second 18 and the third 24 feet from the front door. The front door must
be a substantial double door with a small door in it both substantial and well
made, with strong hinges and locks. The width of the double door must be
sufficient freely to admit Gun carriages.
5th The sleepers of the lower floor must be of chestnut or pine seasoned 12 inches
by 6 and not laid more than 18 inches apart. The pillars in the center plate
must be substantial. The beams of the second floor at least 9 inches by 4 and
not more than 20 inches apart are to be framed into or rest upon a substantial
plate which will rest upon the pillars and end walls. The lower floor to be of
seasoned plank 3 inches thick. There must be one window opposite the double
door and one in each side with iron gates worked, into .the. wall at top and
bottom. Joists must be worked into the wall projecting 2 inches within it,
to which a ceiling of planed thin boards may be attached. The first story must
not be less than 8 feet in the clear. The second floor must be made of good
seasoned plank or thick boards. The side walls must be carried up 4% or 5
feet above the second floor, and the cross or collar beams must be so placed
as to leave at least seven feet between them and the floor. A door in the
second story over the double door with a fixture above it for hoisting. A
window in the opposite end and if practicable a small semicercular window
above the door and the opposite window. The dimensions of 30 by 20 feet will
be in the clear between the walls.
6th If built of brick the exterior must be well and neatly painted and pencilled and
„ the roof painted a slate color. Some of the beans of the second floor and some
of the rafters ought to be so anchored with iron as to prevent the side walls
from spreading apart. There must be a staircase and stairs between the first
and second floor. The lot ought also to be enclosed with a substantial board
fence about six feet high with a large gate in front. The building should be
erected in the center of the lot and its walls parallel with the sides of the
lot. The whole to be of the very best materials and workmanship.
If Isaac Kellog, Benjamin and Simeon Frisbie, William Kirby
and E. Barns, or a majority of them, will ascertain whether
suitable ground can be obtained and will name one of them-
selves or other person who is willing to superintend the build-
ing, keep vouchers and account for the money advanced, I will
202 ANNUAL REPORT OF THE
immediately forward the necessary sum and direct the immedi-
ate commencement of the building. I will thank them to inform
me of the probable cost of each building, give me their opinion
of as to the materials they may think best for the building, as
to the piece of ground, and as to any other matter touching
the size and model of the building or otherwise concerning it.
Albany, July 31, 1809.
FURTHER EXPENSE OF ORDNANCE AND AMMUNITION.
Gentlemen: Herewith' you will receive my account of monies drawn and expended,
pursuant to the Act, entitled "An Act for procuring ordnance and ammunition " passed
April 7th, 18Q6, and also the Account of the Commissary of Military stores, under the
two acts 'relating to the scite for, and to the building of a powder magazine in the
city of New York.
It will be seen by the annual reports of the Comptroller and treasurer, that the
sum of $33,143.80 is charged as having been drawn for arms and ammunition generally.
This sum consists of the balance of $15.58 due me, on the account rendered 15th Feb-
ruary 1808, (which balance was drawn during the year embraced by the annual reports,)
of $25,628.22 drawn under the above mentioned Act, of April 7th 1806, and accounted
for in the audited Account, herewith transmitted, and of seven thousand five hundred
dollars, drawn under the seventeenth section of the supply bill of 1807. The principal
part of the last mentioned sum has been advanced upon the contract for small arms,
mentioned in the annual report of the commissary of Military stores, and will be
accounted for as soon as the arms are delivered by the contractor. I deem it my duty
to state, thus specifically the several appropriations under which the aggregate amount
mentioned in the annual reports of the Comptroller and treasurer, has been drawn, as
well for the purpose of rendering my distinct Account, therefore, more intelligible,
as to shew to the Legislature, that no part of the sum of $65,000 Dollars, granted for
military purposes, by the Act of the 8th April 1808, has as yet been withdrawn from
the Treasury.
It will be seen by the magazine account, which accompanies this message, that the
sum appropriated for the building has proved insufficient. Perhaps no new appropria-
tion will be necessary to meet the payment of the balance, provided the legislature
will authorize the application of the surplus proceeds of the two gores of land in New
York, to be applied to that object. Sanguine hopes are entertained, that the proceeds
of these gores will be sufficient, not only to meet the expenses contemplated by the
Act directing the sale, but also to discharge the balance of the magazine account.
Most of the sums drawn under the Act, for the defence of the frontiers, was included
in the Account rendered at the November meeting of the Legislature. The accounts
for the residue of that sum, and also of the expenditure of the amount drawn. for
fortifications and incidental expenses, will be exhibited to the legislature before the
close of their present session.
Daniel D. Tompkins.
Albany, 28 February 1809.
MARYLAND VOTES AGAINST THE PROPOSED JUDICIAL CONSTITUTIONAL
AMENDMENT.
Gentlemen: On the 7th day of March last I had the honor of
transmitting to the Legislature of this State certain resolutions
STATE HISTORIAN.
203
of the General Assembly of Virginia, which communication was
not acted upon during that session. The proceedings of the
Senate and House of Delegates of Maryland, upon these reso-
lutions, are now submitted to you.
Daniel D. Tompkins.
Albany, 1st March, 1809.
COUNCIL CHAMBER,
Annapolis, December 27th, 1808.
£ir: Enclosed you will receive a copy of a resolution of the
&
General Assembly of Maryland, which I am requested to trans-
mit to you. I have the honor to be, With great consideration,
Your most obedient servt.
Robert Wright
By the House of Delegates,
December 9th,
Resolved, That the alteration proposed to the Constitution of the United States, by
a resolution of the general Assembly of the State of Virginia, on the 9th day of Feb-
ruary, 1808, so as " to render the Senators in the Congress of the United States remov-
able from office by the vote of a majority of the whole number of the members of the
respective State legislatures, by which the said Senators have been or may be
appointed," and the same is hereby disapproved by the legislature of this state, and
that the Senators and representatives in Congress from this State a copy of this reso-
lution, and to the Executive of each state a copy of the said resolution, that the same
may be submitted to the consideration of the legislatures of the several states, with
a request to oppose the said alteration.
By order J. Brewer, Clk. By the Senate, December 22nd, 1808.
Read and assented to By Order T Rogers, Clk.
True Copy Test. John Brewer Clk. Ho. Del.
MASSACHUSETTS DISAPPROVES OF THE VIRGINIA AMENDMENT TO THE
CONSTITUTION.
Gentlemen: The Enclosed resolutions of the Legislature of
Massachusetts, disapproving the amendment to the constitution
of the United States, proposed by the State of Virginia; are
submitted to your consideration.
Daniel D. Tompkins.
Albany, 8th March, 1809.
204
ANNUAL REPORT OF THE
COMMONWEALTH OF MASSACHUSETTS. Council Chamber. Boston, February
22nd, 1809.
Sir: Agreeable to the request of the legislature of this Commonwealth, I transmit
to you their Resolution, disapproving the amendment to the constitution of the United
States, proposed by the State of Virginia on the 13th of January 1808.
Levi Lincoln.
His Excellency The Governor of New York.
COMMONWEALTH OF MASSACHUSETTS. In Senate, February 18th 1809.
Resolved, That the alteration proposed by the Constitution of the United States, by
a resolution of the General Assembly of the State of Virginia, on the 13th day of
January in the year of our Lord, one thousand eight hundred and eight, so as " that
the Senators in the Congress of the United States may be removed from office by the
vote of a majority of the whole number of the members of the respective Legislatures,
by which the said Senators have been or may be appointed," be, and the same is
hereby disapproved by the legislature of this Commonwealth: and that the Senators
from this Commonwealth, in the Congress of the United States, be instructed, and the
representatives be requested, to oppose the said alteration.
RESOLVED, that His Honor, the Lieutenant Governor be requested to transmit a
copy of the foregoing resolution to each of the Senators and Representatives in Con-
gress from this Commonwealth, and to the Executive of each State.
Sent down for Concurrence, H. G. Otis, President
In the House of Representatives, February 20th, 1809. Read and Concurred Timothy
Bigelow, Speaker.
Secretary's Office, February 20th, 1809 True Copy, Attest, Wm. Tudor, Secretary of
the Commonwealth.
THE ONEIDA INDIANS BY TREATY PART WITH A PORTION OF THEIR
LANDS.
f •'..'<: •
Gentlemen: Pursuant to concurrent resolutions of the Legis-
lature, contracts have been made with the Christian and Pagan
Parties of the Oneida respectively, for the purchase of part
of their lands, copies of which contracts are now submitted
to you.
It is necessary that the Legislature should make provision
by law for fulfilling by the stipulations and engagements on
the part of the State.
Daniel D. Tompkins.
Albany, March 10, 1809.
At a treaty held in the City of Albany, on the 16th day of February, in the year of
our Lord one thousand eight hundred and nine, by his excellency Daniel D. Tompkins,
Governor of the State of New York, with the deputies of the Christian nation of
Indians, fully empowered for that purpose, it is agreed and covenented as follows to
wit:
The said Indians sell and forever quit claim unto the people of the said state all their
lands still belonging to the said Christian party of the Oneida nation of Indians, on
STATE HISTORIAN. 205
both sides of the Fish Creek, which empties itself into the Wood Creek, near the head
of the Oneida lake, containing seven thousand five hundred acres, be 'the same more
or less, reserving therefrom three hundred acres, to be laid out by the direction of
the Commissioners of the land office, in such manner as shall be least injurious to
the residue of the said tract for the benefit of Abraham Van Eps Esqr., being in full
for all his demands against the said Christian party, and of every individual people of
the State of New York, and the said deputies, on the part of the said Christian party
of the Oneida nation of Indians, have hereunto set their hands and seals the day and
year above mentioned.
Daniel D. Tompkins [L. S.]
his
Jonathan X Dinney [L. S.]
mark
his
John X Reed [L. S.]
mark
his
Jsium X Shunoutor [L. S.]
mark
Signed, Sealed and delivered in the presence of
Simeon DeWitt, John Taylor, Ezra L'Hommedieu, Angel De Ferrier.
At a treaty, held at the City of Albany, on the twenty first day of February, in the
Year of our Lord One thousand eight hundred and nine, by his Excellency, Daniel
D. Tompkins, Governor of the State of New York, with the Chiefs or Sachems of the
Pagan party of the Oneida nation of Indians, it is agreed and covenanted as follows,
to wit:
The said Indians sell and for every quit claim unto the people of the said State all
their right and title in and to the following lands, being part of the tract called the
Oneida reservation, which belongs to the said Pagan party, by virtue of an agreement
or deed of partition of the said nation, recorded in the office of the Secretary of State,
that is to say, all the lands belonging to the said Pagan party as aforesaid east of the
Oneida creek, and extending from the Oneida lake to Mud-creek, which empties into
the said Oneida Creek, southward of the Seneca turnpike road, reserving out of the
same for Logan Cook, son of Louis Cook, and for his posterity, unalienable, one hun-
dred acres, as nearly in a square as may be, on the east side of the said creek, and
to comprehend the improvements made by the said Colonel Louis: reserving also for
Dolly, widow of John Denny, deceased, for her and her posterity, unalienable, two
hundred acres, to be laid out as nearly in a square as may be, on the south side of
the said Skanaulo creek opposite to the last described reserve: reserving, also, for
Cornelius Dockstadder, William Grant, and Zaccheus P. Gillet, as tenants in common
in fee simple, all that triangular piece of land bounded on the South by lots number
seventeen, Eighteen, nineteen and Twenty of the lands along the Senega turnpike road,
ceded to the people of this State in the year One thousand Seven hundred and ninety
eight, on the West on the northern continuation of the West bounds of said lot number
seventeen, and on the north east by the lands formerly ceded by the said Oneida
Indians to the people of this State. In consideration of which the said Governor now
pays to the said Chiefs or Sachems, for the use of the said Pagan party, One
Thousand Dollars, the receipt whereof is hereby acknowledged by the said chiefs or
sachems. And further, it is covenanted and agreed, on the part of the said people,
that the lands hereinbefore described shall be surveyed, and the number of acres
therein contained (deducting therefrom the several tracts of land hereinbefore men-
tioned and reserved) shall be certified to the said Indians by the surveyor-general of
this State, together with the sum to which the same will amount, at the rate of fifty-
six cents per acre; and that the said people shall annually forever hereafter pay unto
the said Pagan party such annuity as shall be equal to the interest of six per cent,
calculated on the residue of such sum, after deducting therefrom the sum of One
thousand dollars now paid as aforesaid, which annuity shall be paid at such times
and places as are or shall be agreed or stipulated for the payment of the other
annuities due from the said people to the said Oneida nation of Indians.
206 ANNUAL REPORT OF THE
In testimony whereof, the said Governor on the part of the people of the State of New
York, and the said Chiefs or Sachems, on the part of the said Pagan party of the
Oneida nation, have hereunto set their hands and seals, the day and year above
mentioned.
Daniel D. Tompkins [L. S.]
his
Quetea X Owaghrougha [L. S.]
Signed, sealed and mark
delivered in presence of his
Ezra L'Hommedieu, Henry X Platcop [L. S.]
John Taylor, mark
Isaac Dennison, his
Zaccheus P. Gillet, John X Togeghtetoute [L. S.]
William Grant, mark
Medad Candi. his
Captain X Peter [L. S.]
mark
and Thirteen other Chiefs and Warriors
FOR THE PUBLIC DEFENSE.
PROGRESS OF THE WORKS AT THE NARROWS WITH THE EXPENSE OF
CONSTRUCTION.
Gentlemen: By the Act to contribute to the defence of this
State, and for other purposes, passed April 6th, 1808, it is
provided that the person administering the Government of this
State, shall transmit to the legislature at their next session,
an account of the expenditure of the several sums of money
thereby appropriated for public objects. No part of the sum
of Twenty thousand dollars, appropriated by the second section
of the aforesaid Act, has been drawn or applied. The sum of
Twelve thousand five hundred Dollars, drawn from the treasury
pursuant to the first Section of the said Act, has been advanced
to the Commissioners of fortifications, whose report, together
with a summary account of the expenditure of $9504.73 thereof,
previous to the 20th instant, together with a specification of the
objects to which the same has been applied, you will herewith
receive.
Accurate plans of the ground belonging to the State, and of
the works referred to in the report of the Committee, are also
STATE HISTORIAN. 207
submitted to the examination of the Legislature, with a request
that after they have been inspected and satisfactorily examined,
they may be returned to me.
Daniel D. Tompkins.
Albany, March 22, 1809.
New York, February 16, 1809.
We have the honor of transmitting herewith to your Excel-
lency an account of the expenditures under the commission for
erecting fortifications at the Narrows, on Staten Island, with
which your Excellency has been pleased to honor us.
This Account, as your. Excellency will perceive, is up to the
10th of the present month.
In executing the trust committed to us, it has given us great
satisfaction to find that the humane intentions of the legisla-
ture, in the Act appropriating a sum to be expended for the
defence of this harbour have been answered; and without any
unnecessary expenditure of the public money.
From two hundred to two hundred and fifty persons " who
are deprived of the ordinary means of subsistence, by the critical
state of our national affairs " have been employed during the
winter, and to considerable advantage; for the labor to be per-
formed was but little retarded by any inclemency of the season.
In perusing the items and expenditures, your Excellency will
perceive that a large proportion has been for buildings, &c.
which would be at all times necessary when military works were
to be constructed at that place; these consist of a barrack, for
the accommodation of the laborers, an office for the Clerk and
superintendents, a smith's shop and wharf.
As we presumed it would be acceptable to your Excellency to
be informed of the progress which has been made in the con-
struction of the Military works, we have procured from Mr.
208 ANNUAL REPORT OF THE
Cuttush, a report upon that subject, which we have the honor
to subjoin hereto, under date of the 7th instant.
"The excavation of the hill for the Site of the southern bat-
tery (denominated battery "A") is nearly half compleated,
together with two hundred and fifty eight feet of its epaulement;
and should the ensuing season prove favorable; will in all proba-
bility in the course of two months be ready to mount thirty five
pieces of cannon. The situation of which being nearly in a direct
line of approach, and also having an elevation of fifty feet above
low water mark, renders it of primary importance in the first
repulse.
" In addition to the above work, a similar battery (denom-
inated battery " B ") having a command of forty one feet over
the former; of which the excavation for its parade, and an epau-
lement of One hundred and seventy three feet is now already
compleated, and will as soon as the weather permits,* admit of
its platforms being laid for twelve pieces of cannon. The posi-
tion of this battery being such, as to have a command of the
former one, and consequently prevent any lodgement being made
therein, its protective, together with its defensive force, is emi-
nently calculated to make it of much importance.
"The execution of the principal work (denominated fort
Tompkins) has progressed with considerable alacrity since its
commencement; the western rampart of the former work, which
is the Site of the present, is erased, and we have by this time
been enabled nearly to complete a part of the ditch, extending
from the flanked angle of the bastion and salient angle of the
Counterscarp, of the South West bastion to the tower, and re-
entering and salient angles about the tower, with a correspond-
ing part of the glacis: The excavation for the tower, will be
STATE HISTORIAN. 209
ready for laying the foundation as soon as the season will admit
of the materials being procured.
" The well, situated between the South western rampart and
South wing of the western barrack, is also much advanced,
having attained a depth of sixty feet and upwards.
" The fort from its superior force and commanding position
over all the subordinate ones, and the surrounding adjacent
country, has a pre-eminence for its protection and the depend-
ence on it for a resort in case of surprise, or secreet sorties
being made against them; as well as from its own force in an
extensive fire on the enemy in any direction.
" The marine battery, (denominated Fort Richards) is in such
a state of forwardness as to require the materials at present
for laying the foundation and carrying up the wall; the founda-
tion trench being dug and prepared with the necessary timbers,
and also its parade ground elevated one foot above the ordinary
level of the sand; which work when completed (having the line
of its cordon four hundred and thirty feet in length) will be
capable of mounting Twenty five pieces of heavy cannon. The
situation of this battery being on the level with the water, its
ricochet fire gives it a decided advantage over all others, as
arising from the certainty of its execution.
" Two roads for the conveyance of materials, and a communi-
cation between the respective works, leading from near Fort
Richmond to the summit of the hill, have been completed; one
of which, of fifty six rods in length, terminating at the scite
of battery <SA," and the other of forty two rods, ending above
Fort Tompkins. A well also has been sunk at the foot of the
hill for the accommodation of the laborers.
14
210
ANNUAL REPORT OF THE
As the season will soon permit us to proceed with the mason
work, we shall of course, be immediately under the necessity of
procuring materials, which will require large advances: We
would therefore, respectfully request your Excellency to place
in funds for this purpose.
We have the honor to be, with the highest respect & considu.
Your Excellency's most obed servt.
DeWitt Clinton,
James Fairlie,
Jacob Morton.
To His Excellency Daniel D. Tompkins, Governor of the State
of New York.
A summary account of the disbursements made by the Com-
missioners of Fortifications at the Narrows, agreeably to an
Act of the honorable the Legislature of the State of New York.
Passed 6th April, 1808.
For boards timber
brick lime &c.
Utensils, shovels black-
» smith tools, wheel-
barrows &c.
Laborers
wages
Rations, provisions
vegetables, wood
coals, cabooses
stoves, &c.
Dock expenses at
, the Narrows.
$1230.91
$440.92
$2931.3
$2725.5
$1000
Digging a well. J
Stationary, advertisements, &c.
Officers employed, head ,.,
carpenters, superln-
tendents, &c.
xpenses &c of the
Commissioners.
$35
$117.12
$975.70
$49
RECAPITULATION.
Boards &c.
Utensils
Laborers wages
Rations &c.
Dock expenses
Well
$1230.91
440.92
2931. 3
2725. 5
1000.
35.
Stationary &c.
Officers employed
Commissioners expen.
Total
$117.12
975.70
49.
$9504.78
Errors Excepted.
In behalf of the Commissioners of Fortifications.
DeWitt Clinton, Chairman.
March 21st, 1809.
STATE HISTORIAN. 211
THE GOVERNOR TO DR. MAC NEVEN REGARDING UNIFORMS.
New York, July 27, 1809.
Dear Sir: My absence from Town prevented the receipt of
your letter of Tuesday until this morning. The uniform for the
Rifle Corps which I have concluded to adopt generally, is Green
frocks with Yellow fringe. Green pantaloons and black gaters,
round hats with sash and feather, of any colour which may suit
the taste of the company. There would be no material objection
to helmets or Caps, in the City instead of Hats.
I have some time since received an application to organize a
Rifle company in this City in Col. Bogardus' Regiment. That
company wish White frocks with blue fringe, and white under
clothes, hats &c. If the Officers of the Two proposed companies
can agree upon a uniform, different from the general uniform I
shall not be unwilling to vary from the General rule to oblige
them. The officers of the other proposed Company are Nathaniel
Fisk, Captain, Theo: Adriance, Lieutenant and Stephen Wood,
Ensign.
Should the company you propose to have organized prefer the
uniform which I have prescribed, to that which might be agreed
upon, the officers of the two proposed companies they can be
organized without delay. As I shall leave town on Saturday
afternoon and shall be absent about three weeks, it would be
well to give me an answer to the determination by that time.
Dr. Wm. Jas. MacNeven.
212 ANNUAL REPORT OF THE
THE GOVERNOR FINDS HIMSELF INVOLVED IN A COMPLICATED SITUA-
TION TOUCHING RED TAPE AND REMITTANCE'S.
New York, Sept'r 9, 1809.
Dear Sir: I have this moment received your letter of the
5th Instant covering Mr. Massy's letter and an account of Col.
Stickney. If you have made any remittance to defray the
expense of the Detachment mentioned in those papers it has not
been received.
I presume, however, you refer to remittances, made before
that Detachment was called out to reimburse the pay and
expenses advanced for Detachments in other Districts Called
into service by my orders: vizt. 2500 Dollars for the Oswego
Detachment and 1800 Dollars for the Champlain Detachment:
both of which were in service and paid, previously to the arrival
of the regular troops in 1808. The sums advanced by me for
these two Detachments exceed the remittances by several hun-
dred Dollars: as you will discover by the accounts and vouchers
which will be transmitted to you on my return to Albany. It is
extremely difficult to obtain such vouchers as are exacted at the
War Department on account of the inconvenience of access to
the individual soldiers in a thinly settled District where the
roads are occasionally impassable.
But the Detachment referred to by Mr. Massy was in the Dis-
trict of Sockets Harbour last March, and was ordered into service
by him under the Law usually called the Enforcing Act. Col.
Stickney was the military officer designated for that District, to
whom the Collector was to apply when military aid was deemed
requisite; and the directions of the Secretary of War trans-
mitted to Col. Stickney were that Muster Rolls, pay Rolls &c of
any Detachment demanded by the Collector should be trans-
STATE HISTORIAN. 213
mitted to that Department. It was, therefore, presumed that I
was to have nothing to do with the accounts for the pay and
expenses of such Detachments. I hope the preceeding explana-
tion and the inspection of my receipts for the remittances, and
the instructions from the War Department, will satisfy you that
the information you have given to Mr. Massy of my having been
furnished with funds to pay his Detachment, arose from a mis-
take and that you will do me the Justice to apprise him of the
mistake or authorize me to do it.
I will chearfully advance the pay for this Detachment also,
provided the Department of War will furnish me with the forms
of vouchers required, so that when my account therefor is trans-
mitted there may be no obstacle to its being audited & paid.
It is true, as stated by Mr. Massy, that certain papers signed
by Capt'n A. Earl were enclosed to me early in the summer with
a request that I would advance the pay &c; but the papers
enclosed were neither muster Rolls, pay Rolls &c nor any thing
like them and had I upon those papers paid the amount, my
account therefor would of course have been rejected at the
War office. Mr. Massy was so informed, and a promise on my
part was made to send him if possible correct forms. Capt'n
Wm. Yates, formerly a Capt'n in United States service, was
accordingly applied to by me to repair to Water-town to provide
for the erection of a deposit for arms and military stores, and as
Mr. Massy resides at that place, he was also to make out the
necessary papers for Mr. Massy or Col. Stickney and pay the
amount. But after my departure from the seat of Government,
he was indisposed and unable to go, and, therefore, it is that I
did not perform my promise in that particular to Mr. Massy.
Sickness of relatives & other private and public considerations
have prevented me since from attending to it.
214 ANNUAL REPORT OF THE
P. S. The papers enclosed in your letter I have retained until
your orders for their disposition are received.
R. Brent, Esqr Pay Master &c
GOVERNOR TOMPKINS MAKES AN EXPLANATION TO COLONEL VAN
CORTLANDT REGARDING AN APPOINTMENT.
New York, October 6, 1809.
Dear Sir: Genl. Van Cortlandt has kindly promised to explain
to you the reason for my delaying an answer to yours of the
13th ultimo. It is a subject of regret with me that you should
feel hurt at the occurrence alluded to in your letter inasmuch
as there was not the remotest intention on my part to do any
act which would be disagreeable to you. I will detail to you
minutely the whole circumstances and will then submit to your
candour the propriety of the proceeding. In the spring or early
in the summer the President of the Company applied to me to
appoint Inspectors of ten miles through the Highlands, and
mentioned three persons who have since inspected the road. Not
recollecting that I had already made an appointment, the Com-
mission was made out & sealed, but before delivery I recollected
the former appointment and refused to deliver the Commission.
Mr. Howland then assigned sundry reasons which I do not now
recollect, to convince me of the propriety of complying with the
Company's request, but I declined interfering. On the eighth
of August he addressed a letter to me requesting in behalf of the
Corporation the omission of your name & the insertion of
another, which request I informed him I could not grant, con-
sistently with my respect and esteem for you. After my return
STATE HISTORIAN. 215
from the Westward he made an other written official communi-
cation to me, assigning the grounds upon which the Company
considered my persistance in your appointment as unreasonable
amongst which were that you were involved in controversies or
disputes with the Company about that part of the road to be
inspected, & with some of the Directors. At a subsequent inter-
view, I repeated my unwillingness to make the alteration for
the reason I had before assigned him. He then mentioned that
he was pursuaded it would, under circumstances be disagreeable
to you to serve and enquired whether I would make the altera-
tion if you requested it, Or assented to it. My answer was that
I would. Upon his return from the Country he called on me
again for the appointment; and assigned some reason for not
having seen or consulted you personally but said that he had
seen and consulted the General who informed him that you dll
not choose to serve. I was under the impression that Mr. How-
land and yourself might not be upon familiar terms and that
as the Genl. was your Brother and a Director, Mr. Rowland
had consulted you through him, and to remove any remaining
delicacy upon the subject, he added that he was convinced that
so far from the insertion of another name instead of yours
giving the smallest offence it was under circumstances your
wish. Upon this information and these assurances, and not
until then, I issued the new Commission. Lest any of the above
facts might have been forgotten by Mr. Howland or disputed
I sent for him after the receipt of your letter and repeated
them to him and he agreed to their accuracy.
Permit me to say that there is not an individual in the State
for whom I have more personal esteem than yourself or whose
feelings I would more reluctantly injure and that when I issued
216 AT&-UAL REPORT OF THE
the new Commission, there was no more expectation on my
part that it would be disagreeable to you than if your written
request to be omitted had been presented to me.
I have returned the General Commission* under a hope that
upon this explanation you will feel no reluctance in accepting it.
Col. Pierre Van Cortlandt, Junior.
*Town of Cortlandt, Sepr. 13, 1809.
Sir, The enclosed commission I received some time since but judging from a recent
circumstance that it may be your wish to alter it I have thought proper to return it
that you may be under no embarrassment on my account.
I am your most Ob. Hum. Serv't.
P. Vn. Cortlandt, Jun'r.
His Excellency Daniel D. Tompkins Esq.
New York, 20 July, 1809.
Sir: My application to your Excellency to appoint another person on the committee
to inspect the Highland Turnpike road in the room of Col. Van Cortlandt is grounded
on information that Col. Van Cortlandt is very hostile to the Company— This informa-
tion is from two of our directors of respectable characters acquainted with the fact.
On this ground I view Col. Van Cortlandt as a prejudiced person as it respects our
road and in order to give more general satisfaction to the Company I solicit your
Excellency again to appoint some other gentleman in his room—
With great respect & consideration I have the honor to be Your Excellency's Obt.
Servt.
Jos. Rowland, Pres.
Highland Turnpike Co.
Excell'y Govr. Tompkins.
STATE HISTORIAN. 217
THE TRANSFER OF WEST POINT DISCUSSED.
GOVERNOR TOMPKINS SUGGESTS SEVERAL AVAILABLE SITES IN THIS
STATE TO SECRETARY OF WAR E'USTIS AND GIVES AN EXHAUSTIVE
REPORT ON THE STATE'S MILITARY RESOURCE'S.
Albany, November 18, 1809.
Sir: When I had the pleasure of meeting you in New York
I took the liberty of mentioning that the public ground at the
Narrows would be a most eligible site for the Military Academy.
Although my opinion is unchanged, and indeed rather fortified
by the additional consideration that the Institution is designed
for educating officers for the Navy as well as army, yet I shall
not now trouble you with an enumeration of the advantages
of that position, further than to mention that since you viewed
the works I have contracted for the purchase of an additional
quantity of ground, making our westerly line a straight one
for nearly half a mile and carrying our possession 70 or 80
yards west of the house & barn of Stillwell.
Your impression that the institution would probably be
removed from West Point produced an intimation that an
Arsenal or Grand Military deposit might be erected there. In
consequence of that intimation I have ventured to suggest a few
facts which may perhaps be of some importance in a decision
upon that subject.
In the event of a War with any Nation having a considerable
maritime force, it is the opinion of revolutionary characters
and of the inhabitants of this State generally that West Point
ought to be so effectually fortified as to present a Barrier to a
naval force from further ascending the Hudson.
The objects to be accomplished by making that place impassa-
ble are that otherwise should a fleet enter the Harbour of New
218 ANNUAL REPORT OP THE
York sufficiently formidable to take possession of or pass the
fortifications there, the vessels, Specie, Bank deposits, plate
and other valuable moveable commodities in New York, might
fall into their hands to one hundred times the expense of forti-
fying West Point. But when an Enemy knew that the ships
and vessels lying at New York, might be wafted with the women
and children and the valuable moveable commodities of the
City up the Hudson to a place of perfect security by the same
wind and tide which would bring the Hostile fleet to the city,
the principal object for hazarding an approach to the city would
be removed, and the expectation of a more vigorous and deter-
mined opposition arising from the removal and security of
women & children would be excited.
If, therefore, the Idea of making West Point a grand deposit
of Military Stores, be coupled with the Idea of its being
thoroughly fortified, I believe it would meet universal approba-
tion. But should there not exist an intention of making that
place impregnable by the repair of the old or the erection of
new works, then there may be some hesitation in determining
whether it be the most eligible spot on the Hudson for a grand
arsenal or Military deposit.
West Point is accessible by water in 8 or 9 hours sail from
the Narrows; and of course a deposit might easily be destroyed
in the night by fire or otherwise, unless a strong military detach-
ment were stationed there, which the limited number of the
United States army and impaired state of the Works may render
inconvenient.
A further objection arises from the impracticability of com-
municating with it by water about three months in the year
in consequence of the Ice, which for a considerable portion of
STATE HISTORIAN.
219
that time is not sufficiently strong in that part of the river to
bear the transportation of heavy articles without much hazard
and expense. Your acquaintance in that quarter during the
War, has undoubtedly made known to you that you cannot con-
veniently approach it with teams by land from the West or
East on account of the mountains which line the shores of the
river through the Highlands. How the contingency of access
during the Winter season will form an objection to that posi-
tion you are best able to Judge.
The population is so sparse on that side of the River for six
or seven miles around that no aid or assistance can be calcu-
lated upon from the inhabitants upon a sudden and unexpected
emergency; and the probable encreased expense of building,
arising from the necessity of deriving all the materials (except
stone) from other and perhaps distant places, may also form
an item for consideration.
If upon deliberation the preceding circumstances should be
deemed worthy of influencing a decision upon the site for a
military deposit on the Hudson, it will then be of importance
to ascertain whether there be any other places on its shores
which possess equal advantages and fewer disadvantages.
Newburgh, above the High lands is equally accessible by
Water, is well populated — has turnpike roads diverging from it
in several directions, can supply most of the materials for build-
ing on the spot and is surrounded by an excellent and well
settled country. It is inhabited by mechanics of all descriptions,
and I should think the wages would be more reasonable in con-
sequence of the greater cheapness with which provisions may
be obtained. There is, however, one objection to this place.
The ice is impassable there for a greater part of the winter
220 ANNUAL REPORT OF THE
season than it is about Esopus, and at some periods of that
season the crossing to Fishkill with military stores or trans-
porting them southerly through Jersey on the westerly side of
the mountains, might be precarious and expensive.
Athens, which is the incorporated village, including Esper-
anza and Loonenburgh on the West shore, directly opposite
Hudson, is a very suitable site for a military deposit. It is
at the Head of the Ship Navigation 130 miles from New York.
It has all the advantages of Newburgh. The ice is seldom
impassable but for a few days in the fall and spring. It is
within 1000 yards of the City of Hudson; five miles from the
well settled village of Catskill on the South, and about the same
distance from Coxackie on the North. Turnpike roads meet
at this part of the Kiver from almost every direction. The sup-
plies for the frontiers can be more easily and cheaply conveyed
thence than from Newburgh. When the river is not closed,
ships of 4 or 500 tons and brigs can come to it from the South
and Sloops and Schooners from Lansingburgh and Troy on the
North.
Albany possesses all the advantages of the other places,
except that large vessels cannot come so far up the River, but
this disadvantage is balanced by an advantage which the other
places do not possess. The land carriage is only 14 miles from
Albany to Schenectady and from thence there is water com-
munication by the Mohawk to Rome (Fort Stanwix) thence
through Wood Creek and Oneida Lake to Lake Ontario; and
from that Lake into Cayuga and Seneca Lakes and down the
St Lawrence to Montreal or Westerly (with the land carriage
round the falls) into Lake Erie.
STATE HISTORIAN. 221
The communication by land between Albany or Athens &
Boston or the Eastern or Northern States is easier than from
Newburgb.
In order that the operations of the State and United States
should proceed in concert and the arrangements of the one upon
any particular subject be known to and have its influence upon
the other in determining upon expenditures for the accomplish-
ment of a mutual object, it will not be amiss to acquaint you
with the situation of the arsenals and military stores of this
State.
At New York is a well built brick arsenal, * laboratory and
workshop — the arsenal 145 by 46 feet, three stories high — the
workshops are 100 feet in length and one and an half stories
high. The magazine is 4 miles from the City Hall, built of stone
and very capacious. These together with the United States
works and magazines in the harbour — the magazine and labora-
tory at Potters field — the contemplated arsenal near the battery
— and the deposit which has been spoken of for Sagg Harbour
will be sufficient to contain the ordnance, arms and ammunition
needed on the sea board of this State.
At Albany we have a large brick arsenalf and some wooden
buildings for workshops. The United States own a brick maga-
zine near this city. To the Northward and Westward the follow-
ing arrangements have been made.
I. An Arsenal of brick sufficient to contain 10 Field pieces —
2000 stand of arms, and the appurtenant equipments and amniu-
*The Arsenal covered ground from Broadway and Fifth avenue, Twenty-fourth and
Twenty-fifth street. The Worth Monument stands on its site.— STATE HISTORIAN.
f'The arsenal is a large brick edifice, filled with military stores belonging to the
State of New York, situated in the north part of the city, late Colonie," at Broadway
and Lawrence street. " The city powder house stands on the plain at the Washington
Square, and a powder house, erected in 1811, by the State at the expense of $3,000,
stands on an eminence of the plain near the three mile stone," now known as the
Prospect Hill reservoir, near West Albany.
I
222 ANNUAL REPORT OF THE
nition has been erected this Summer at Plattsburgh on Lake
Champlain. We have already deposited there 500 stands of
arms, some brass field pieces, ball, powder, fixed ammunition
flints &c.
II. A lot has been obtained and materials collected for an
arsenal about two thirds the dimensions of the one at Elizabeth-
town, Essex County. The present military stores at that place
are 300 muskets with the requisite equipments and fixed ammu-
nition. This building will not be finished until next Summer.
III. At Borne (Fort Stanwix), in the county of Oneida, a brick
arsenal of about the same dimensions as at Plattsburgh has
been erected this Summer, and there is stored at Rome, 700
Muskets, some brass field pieces and an adequate quantity of
powder, ball, fixed ammunition, &c.
IV. At Watertown, in Jefferson (late Oneida) County, arrange-
ments are making to erect in the spring an arsenal of the
dimensions of the one to be built at Elizabethtown — 500 stands
of arms and the proportionate ammunition and equipments are
already placed there.
V. The Legislature have directed the deposit of 500 muskets
&c in St Lawrence County, but the difficulty of selecting a
secure and proper place has as yet prevented a compliance with
that direction, but it will probably take place the ensuing winter.
VI. At Onondaga a deposit of 500 muskets &c has been made,
a lot obtained for the site of an arsenal and materials collecting
to complete it by August next.
VII. At Canandaigua, a brick Arsenal was completed last
year, 1000 muskets— 6 Brass 3 & 6 Pounders, some powder,
cartridges, and other needful equipments for actual service
stored in it. It will contain double that quantity of small arms
STATE HISTORIAN. 223
and cannon with ammunition &c. The contents of the Arsenals
for small arms as mentioned above, has reference to their being
on racks; but should they be in boxes, which you mentioned to
be equally good, those Arsenals will contain five times the num-
ber above ^tated.
VIII. Batavia, in Genessee County, 500 muskets have been
deposited in a small Arsenal built of wood by the agent of the
Dutch Company.
The State is supplied with about 200 pieces of Field Artillery,
principally brass, part of which have been distributed among
the artillery companies and the residue stored in the Arsenals;
and there are about 80 Iron 32, 24 & 18 pounders with garrison
carriages at New York belonging to the State. We have also
a good supply of ball for all calibres and some powder, & nitre
for. the manufacture of more, and about 5000 stand of arms in
the arsenal in New York and Albany, and a large supply of
fixed ammunition for small arms.
I cannot divest myself of the opinion that in case of a war
with Great Britain, the northern frontier of this State and Ver-
mont, extending from Lake Ontario eastwardly to opposite Mon-
treal & Quebeck will require the greatest supply of warlike
stores, and will be the principal theatre of war with Canada,
and that it is, therefore, highly proper to have an eye to the
accommodation of that district of the United States in the
selection of sites for the deposit of military stores.
The preceding observations are confined to the security of this
State and Vermont, but the facts stated, may not be useless in
forming an opinion upon a more enlarged and comprehensive
view. i
224 ANNUAL REPORT OF THE
I take the liberty of enclosing a small map of this State which
will point out the relative positions of the places to which I have
referred, and should you request it, an accurate statement of
the direction and extent of all the Turnpike and other principal
roads diverging from Newburgh, Athens and Albany shall be
furnished.
I hope you will do me the justice to believe that this commu-
nication does not proceed from any vain or sinister motives. I
shall always deem it a pleasure as well as a duty to furnish to a
national administration which I respect and esteem, my mite of
such local information as may be serviceable in making arrange-
ments, which will meet with the approbation of their fellow citi-
zens and promote the prosperity and safety of the public; and
have no other motive for this letter, which is intended for your
eye only.
The Honbl. Wm. Eustis.
THE GOVE'RN'OR WRITES IX REGARD TO ARTILLERY EQUIPMENT.
Albany, Nov. 27, 1809.
Dear Sir: The sums paid Messrs Randall & Lynsen, were as
follows: —
Mr. Randall |390.
Mr. Lynsen 110 . 25
Total |500.25
Mr. Pomeroy is, I understand to be in town in a day or two,
when 1 will advance him whatever is proper.
I am sorry the pieces for horse artillery cannot be equipped
in season to send up the river this fall. As to the saddles for
STATE HISTORIAN. 225
postillions, I have no objection to procure them for one price
with double harnesses. In case of actual service double har-
nesses will be required and one set now made will answer for
a pattern for other pieces when emergency requires. If, there-
fore, you have not already equipped them for four horses, I will
thank you to have one of them (a six pounder) equipped in that
way. It must, however, be understood that the leading harness
and saddle for postillion will be retained in the arsenal and
delivered to the company on special occasions only. On ordi-
nary occasions a set of harness for two horses is sufficient,
especially for the three pounders.
The law neither prescribes a uniform for the Veteran Corps,
nor authorizes the Governor to do it. If therefore they think
proper to uniform, they are at liberty to select such dress as
the taste and wish of the Company may suggest.
I will thank you to procure the bills I mentioned and send
them to me as soon as convenient — vizt. McQueens, Robin's &c
£c.
John McLean, Esqr.
THE GOVERNOR TO MOSES I. DEPUY.
Albany, Nov. 27, 1800.
Sir: Your letter of September 26 was detained in Albany
until my arrival which did not take place until the fifteenth
inst. I have sent your letter to the Adjutant General for his
opinion, and as soon as that is received I will communicate it
to you.
Moses I. Depuy, Esqr,
15
226 ANNUAL REPORT OF THE
THE GOVERNOR GIVES ADVICE TOUCHING THE PROFESSION OF THE
LAW.
Albany, Nov. 27, 1809.
Honored Sir: Your letter of the 7th ulto. was not sent to
New York, but was retained here until my arrival which was
ten or twelve days since, but the settlement of my family, and
the quantity of official papers which required immediate atten-
tion, have delayed an answer since my arrival. I am sorry you
did not receive an answer to your first letter. I wrote within
three weeks after the receipt of your first and transmitted by
some friend who promised to deliver it.
There are two grades in a lawyer's progress in this State. To
be admitted an Attorney of the Supreme Court he must have
studied with a practicing Attorney of the State three years, and if
he has not pursued classical Studies for four years after the
age of fourteen, seven years study of the law is requisite.
Two years after his admission as Attorney he may upon an
examination be admitted a Counsellor.
By these rules you will perceive that a person who has pur-
sued the study of the law and been admitted in another State
cannot be admitted an Attorney in this, but he may be admitted
a Counsellor, provided he produces a certificate of his good char-
acter and of having practised three years as Counsellor in such
other State.
If, therefore, your nephew contemplates following the pro-
fession of the law in this State I should advise him to study that
profession here.
My acquaintance in North Carolina is very limited, but if you
can suggest any officer or person to whom I may address a line
of recommendation which will be serviceable to your nephew,
be assured that I will do it with the greatest pleasure.
STATE HISTORIAN. i'L'7
Please to present my best respects to Mrs. Gross and believe
me to remain with affectionate and filial regard
Your sincere friend & Humble St.
The Revd. Johann D. Gross.
THE GOVERNOR TO CORNELIUS TIMPSON RELATING TO AN APPLICA-
TION FOR A POSITION.
Albany, Deer. 20, 1809.
Sir: Your former petition and the accompanying recom-
mendations have been deposited in the Secretary's office; but
should you request it, they shall be replaced upon the files of
the Council of Appointment and Submitted to them at their
next meeting. A second recommendation from the same sub-
scribers will of course be unnecessary.
You must be the best judge of the propriety & effect of per-
sonal attendance. I will barely add that with me, it seldom
gives additional weight to a recommendation.
Mr. Cornelius Timpson.
THE GOVERNOR MOUNTS THE' FORTS IN THE' HARBOR WITH NEW YORK
GUNS BUT ASKS SECRETARY HAMILTON FOR SEASONED TIMBER
FOR GUN CARRIAGES.
Albany, January 4, 1810.
Sir: Under the authority of this State, fortifications have
been erected at the Narrows in the harbor of New York suffi-
ciently extensive to receive 108 guns. The State is also pos-
sessed of cannon sufficient to arm the principal part of those
works. Platforms and gun carriages are alone wanting to put
228 ANNUAL REPORT OF THE
them in a complete state for action, as will appear by the report
of the engineer of the United States to the war department.
From a correspondence with the late Secretary of War, I was
induced to hope that the general government would equip the
works erected under the authority of the State. But as I do
not perceive that they have guns or carriages in the harbor of
New York adequate to the supply of their own works, I have
concluded to proceed in mounting our guns, and equipping the
fortifications with them. We are, however, destitute of timber
sufficiently seasoned for carriages, and as the National and
State governments are engaged in the Same important object,
the security of New York against maritime attacks, I have
ventured to enquire of you whether we can be accommodated
with seasoned timber from the navy yard for the construction
of platforms and gun carriages during the winter. I will pay
in cash an adequate and full price therefor, or will provide
and exchange an equal quantity of unseasoned timber of the
same quantity and dimensions, or will accede to any other
reasonable terms.
An answer to the preceding request is respectfully solicited.
The Hon. Paul Hamilton.
THE GOVERNOR TO THE SECRETARY FORTIFICATIONS ON RED HOOK.
Albany, 4 January, 1810.
Sir: Perceiving by an extract from a communication of CoL
Williams, furnished by him to the State Commisioners, that he
has suggested the practicability of throwing up this winter a
very essential and powerful battery on the south side of Red
Hook, if the same were United States property, I take the liberty
STATE HISTORIAN. L'L".I
«of informing you, that the executive authority of this State is
authorized by law, (a copy of which was transmitted to your
department in March 1808), to contract for lands required by
the President for fortifications, and in case of disagreement
with the proprietors about the price to proceed adversely by a
writ of ad quod damnum.
For your further information on that subject, I enclose a copy
of the correspondence with your predecessor in relation to the
acquisition of Ked Hook* and beg leave to assure you of my
readiness to execute any directions which you may give relative
to the renewal of a negotiation for the purchase, or a resort
to the alternative provided by our Statute.
The Honbe. Win. Eustis.
TO CHARLES BAKER IN REGARD TO COURT OF INQUIRY REPORT.
Albany, January 15, 1810.
Sir: Upon my arrival in Albany in November, I received
your letter and intended to comply immediately with your
request, and accordingly searched among my papers for the
report of the Court of Inquiry; but could not find it, and con-
cluded it had been given to the Adjutant General or filed in the
Secretaries office. Upon application at both places it could not
be found. Having this day searched for certain papers on file
amongst the Council papers in the Secretaries office, the report
to which you refer was found and I lose no time in forwarding
to you a copy of that part of it of which you are not in posses-
sion. The notes which passed from you to Mr. Ross are inserted
verbatim in the proceedings of the Court, and as they must be
*See pages 56, 61.
230
ANNUAL REPORT OF THE
in your possession I have not taken the trouble to transcribe
them. That part of the report enclosed together with those
notes and the circumstances attending them constitute the
whole report.
Charles Baker, Esqr.*
TO HORATIO G. SPAFFORD IX QUEST OF OFFICIAL INFORMATION.
Albany, January 15, 1810.
Sir: Your letter of the first of this month and also a preced-
ent communication have been duly received. My official avoca-
tions have deprived me of sufficient leisure or opportunity to
furnish you with such official information as may be derived
from the Executive papers. But as I perceive from your last
communication that you contemplate spending the winter in
Albany, I take the liberty of informing you that any reasonable
access which you may require to the turnpike Books, description
of Military deposits, and their Contents, or other Executive
documents which will aid you in the work you have undertaken,,
shall be cheerfully afforded.
Mr. Horatio G. Spafford, Hudson.
THE GOVERNOR'S ADDRESS TO THE LEGISLATURE.
Gentlemen of the Senate and of the Assembly,
You are assembled for the purpose of deliberating and decid-
ing on the important concerns of this state, which, by the consti-
tution, are devolved upon you as the immediate representatives
*For the Court of Inquiry proceedings in the case of Col. Charles Clinton against
Quartermaster Baker, see Military Papers of Daniel D. Tompkins, Vol. I, pp. 158-160
and 1(5.
STATE HISTORIAN. 231
of the people. The magnitude of that duty is enhanced at the
present juncture by the convulsed state of the civilized world,
and by the great political events constantly occurring.
The nations of Europe have persevered, during the past year,
in their sanguinary struggle, with increased animosity. Whole
districts of country have been desolated; kingdoms subjugated,
and hosts of innocent subjects sacrificed. These occurrences
present a mournful picture of the rapacity and ambition of
princes, whilst they afford a monitory lesson to the American
people.
The situation of the United States has been, in the mean time,
comparatively happy and enviable; for it hath pleased the Great
Disposer of events to ordain peace in our borders, and to crown
our year with goodness.
The prosperity of the nation, however, has not been uninter-
rupted. Connected as the United States are, by commercial
intercourse, with other nations, we could not avoid feeling the
shock of the contending powers. At an early period it was
feared, that our commerce would experience material impedi-
ments from a widely-extended foreign war ; and more especially,
as "one of the great belligerents controlled the destinies of the
European continent, and the other possessed the means of domi-
neering upon the ocean. But their professions of respect for
the rights of others, and their avowed homage to the authority
of the law of nations, forbade us to anticipate those gigantic
strides which have overleaped the settled principles of public
law, which constituted the barriers between the caprice, the
avarice or the tyranny of a belligerent, and the rights and inde-
pendence of a neutral. It would be painful to dwell upon every
aggression, injustice, violence and insult, which we have wit-
J232 ANNUAL REPORT OF THE
nessed and experienced for several years past. The interdiction
of neutral commerce from a part or the whole of the territories
of one belligerent by a declaration of blockade by the other, with-
out actual investment by force, and without a capacity therefor;
the imposition of a tax or transit duty on neutral commerce in
the ports of one power to legalize its transmission to the adverse
power; the violent arrest, from our public and private vessels, of
seamen, almost without regard to the place of their nativity; the
liability of neutral property to seizure and condemnation by one
party in consequence of search by the other of the ships trans-
porting it, and the total prohibition of neutral commerce with
one belligerent by the other, without blockade of any description,
are amongst the prominent usurpations which have sacrificed
much of our property, enslaved many of our citizens, insulted
our sovereignty, and almost proscribed neutral commerce from
the ocean. Some neutral vessels have been seized, robbed,
destroyed or condemned upon frivolous and provoking pretexts,
not even justified by the arbitrary and ruinous restrictions above
mentioned; and one of our public armed ships has been insult-
ingly attacked, several of her crew killed, and others taken
forcibly away; an act acknowledged by the nation, whose officer
committed it, to be wholly unwarrantable, but which still
remains unatoned.
The constant evidences of a desire on our part to maintain a
strict and impartial neutrality; the earnest and able appeals
for redress by our rulers to the honor and justice of the bel-
ligerents, and our continual remonstrances against their inces-
sant and unprovoked encroachments upon neutral commerce,
have all been disregarded or evaded. "No revocation or material
relaxation of the offensive decrees of France has been obtained.
STATE HISTORIAN. 233
With Great Britain an arrangement was effected in April last,
which, at the same time it evinced the impartial and pacific
intentions of our administration, and a returning sense of good
faith and upright conduct in the cabinet of St. James, diffused
a lively satisfaction through the nation, and presaged a speedy
restoration of good understanding and harmony between the
two countries. But our hopes were blasted, and the wise and
patriotic intentions of our rulers, baffled by an unexpected dis-
avowal of the agreement and an unqualified refusal to fulfil
its stipulations on the part of England. Since the recall of the
minister who negotiated the arrangement, nothing has occurred
to brighten the prospect of an honorable adjustment of our
differences. On the contrary, instead of evincing an amicable
disposition by substituting other acceptable terms of accom-
modation in lieu of the disavowed arrangement, the new
minister has persisted in impeaching the veracity of our admin-
istration which a sense of respect for themselves, and for the
dignity of the nation they represent, forbade them to brook.
They adopted towards him on that occasion, the most moderate
and least irritating course of treatment, a course demanded by
his deportment, and meriting the approbation and support of
every American, who feels anxious to preserve the honor and
independence of his country.
The momentous duty of deciding upon the attitude which the
United States shall assume in the present emergency, is dele-
gated to intelligent and virtuous agents. In their wisdom we
may safely confide; and it becomes us to place a firm reliance
on their patriotic exertions to devise such measures as may be
best calculated to promote peace and prosperity, or to provide
for the security of our common country in the event of war. For
234 ANNUAL REPORT OF THE
all the efforts of human wisdom directed by- the purest virtue in
our rulers may prove unavailing without that union, confidence
and support which the genius of our government, the spirit of
patriotism and the dictates of reason, nature and Christianity
impose upon the members of the community. If the members
and the head be united and act in concert, no foreign power
can endanger the life or safety of the political body.
With respect to the internal affairs of this state, it affords
me great satisfaction to inform you that more than usual pro-
ficiency has been made in improving and extending agriculture
and manufactures. The liberal patronage which the legislature
has been pleased to extend to domestic manufactures, by loans
and bounties, has been attended with the most salutary effect.
The enlightened policy of a few individuals has also introduced
a. breed of sheep which essentially promotes the fabrication of
cloths of a superior quality.
It rests with the legislature to decide, whether, by further
encouragements, an additional stimulus may not be created,
which will enable our citizens to convince foreign nations that
we are not dependent on them for manufactures.
The measures which have been pursued under the various
laws, providing for defence, will be particularly detailed to you
in a separate message. In the mean time I would remark that
about forty-five thousand dollars of the fund appropriated for
fortifying the city of New York, remains unexpended. A very
effective water battery of durable mason work, called Fort
Richmond, has been completed during the season, on the west
side of the Narrows, and is ready to receive twenty-seven can-
non. This battery is capable of sustaining, with inconsiderable
additional expense, a second tier of guns. Two other batteries,
STATE HISTORIAN. 235
each extending on the easterly and southerly sides of the point
of Sfaten-Island, have also been formed, and are in readiness
to receive platforms and guns. The line of the lower battery
is six hundred and seventy feet, and that of the upper four
hundred and eighty feet, affording together ample space for
eighty guns.
Another battery capable of mounting twelve guns, has been
excavated from the hill at an intermediate distance between the
last mentioned batteries and the fort described in a communi-
cation to the legislature at their last session. A well of one
hundred and forty-five feet in depth, has been sunk within the
'contemplated lines of the main work, and a wharf constructed
near Fort Richmond for the accommodation of vessels drawing
ten feet of water. The whole has been managed gratuitously
by five commissioners, to whom, and to the colonel of engineers,
the state is principally indebted for the celerity, ability and
economy with which that service has been performed. Their
report, accompanied with plans of the several batteries, will be
.submitted to you in a few days by a seperate message, and will
furnish all the information requisite to enable the legislature
to give further directions on that subject as may be deemed
useful and proper.
An official statement of the colonel of engineers will, at the
same time, be laid before you, describing the present state of
, the interior defence of the harbor of New-York, so far as re-
lates to the fortifications erecting by the United States. One
hundred and sixty-six guns may now be mounted on those
works, and they are calculated, when completed, to receive three
hundred and four guns and ten mortars. The progress which
has been made in the purchase of ordnance, small arms and
236 ANNUAL REPORT OF THE
ammunition, and the measures taken pursuant to the act to
provide for the defence of the frontiers, will form the subject
of a special message.
Ten years will have expired at the next regular session of the
legislature, since the laws of the state have been revised; some-
of them have become obsolete, others have expired, and experi-
ence has, shewn, that many of those in force are susceptible of
/aniejafeent, The report of the decisions of the supreme court,,
*5 ;; ; • if : ^
; wii'l- afford better materials for revisal than were formerly to
be' obtained, and moreover the statute books have become too
voluminous and expensive to be purchased by many citizens and
officers who ought to possess them. It is, therefore, respectfully
submitted to your wisdom whether preparatory arrangements
for that purpose, at the present session, would not conduce to-
the benefit of the community.
I cannot omit this occasion of inviting your attention to the-
means of instruction for the rising generation. To enable them
to perceive and duly to estimate their rights; to inculcate cor-
rect principles and habits of morality and religion, and thus to-
render them useful citizens, a competent provision for their edu-
cation is all essential. The fund appropriated for common
schools already produces an income of about twenty-six thou-
sand dollars annually, and is daily becoming more productive.
It rests with the Legislature to determine whether the resources-
of this State will justify a further augmentation of that appro-
priation as well as to adopt such plan for its application and
distribution as shall appear best calculated to promote the im-
portant object for which it was originally designed.
Gentlemen, at a period of uncommon agitation and embarrass-
ment, it is among the important duties required of us to soar
STATI-: HISTORIAN. I':;!
above local and partial views; to cherish and inculcate a dis-
interested national spirit; and to secure, by every possible
means, the blessings of liberty to ourselves and our posterity;
.and it only remains with me to assure you that I shall in all
things heartily co-operate with the different branches of govern-
ment in the necessary measures to promote the general welfare.
Albany, January 30, 1810.
£"HBan
»
REPLY OF THE SENATE.
The unjust, multiplied and continued aggressions of the belligerent powers, their
violent infractions of all those principles and maxims which ought to regulate the
•conduct of nations, and their determined preseverence in a system of spoliation and
Insult, have produced an extraordinary state in our foreign relations which cannot fail
of impressing the Citizens of United States with a just sense of the crisis, and with a
"firm determination at every hazard the honor and rights of their Country. And, while
we contrast the violence, the tyranny and the oppression of foreign governments, with
the moderation the wisdom and the justice of our own, and compare the relative
prosperity of our country with the calamities which the other nations of the civilized
"world are now suffering, we are penetrated with the most exalted sense of the divine
goodness, and are fortified in all our convictions of the excellence of a government
which recognizes the people as the source, and their happiness as the object of all
legitimate authority.
It was to have been hoped, that Great Britain, feeling her interest identified with her
Justice, would have executed with good faith the arrangement made in her behalf, by
her minister plenipotentiary, and that all her collisions and controversies with her
would have been settled in a manner honorable and advantageous to both countries.
An expectation so reasonable in itself and so imperiously demanded by every principle
of justice, has been disappointed; and that government has persisted in a course of
aggression, and has sent to us a minister plenipotentiary, a man who was heretofore
made the instrument of outrage to a neutral nation, whose conduct in this country has
"been characterised by insolence, and who has dared to impeach the veracity and to
attack the honor of our government. The respect due to the American name and
people, rendered it proper in the national executive to refuse any further communica-
tion with the wisdom and patriotism of our national government will devise and
•execute the most efficacious measures to vindicate our rights, to redress our wrongs,
and to repel with energy any future outrage.
The senate are happy to, learn the progress which has been made in the purchase
of ordnance, arms and ammunition, and in the erection of the works intended for the
protection of the port of New York. At this important period, all objects that relate to
the defence of the country must be considered as of primary importance, and as such
they shall receive our most decided countenance and support.
The Senate are also duly impressed with importance of promoting the agricultural
and manufacturing interests of the state. They have observed with the greatest satis-
faction the attention which has been paid by some of our patriotic citizens, to improve
the quality and increase the quantity of our wool, and the specimens of cloth which
have been exhibited in this state, the workmanship of our own looms, afford the
pleasing hope, that in a short time we shall be entirely independent of Europe for the
supply of our woolen manufactures.
The revisal of the laws and the proper means to be devised for the instruction of our
youth, are subjects so highly interesting as to merit, and shall receive our particular
notice. The various interesting subjects recommended by your Excellency manifest
your attention to the prosperity of the State.
238 ANNUAL REPORT OF THE
And with a full reliance on the patriotism, integrity and talents of your Excellency,
we assure you of our cordial co-operation in all measures which may promote the
public welfare.
John Broome,
President of the Senate.
Albany 16th February 1810.
THE GOVERNOR'S REPLY TO THE SENATE.
Gentlemen: Ttoe measures of the general government, in re-
pelling foreign injustice, will be more or less efficacious accord-
ing to the degree of confidence and support imparted by the
citizens at large. It is, therefore, to be hoped, that at this
momentous period, they are generally and deeply impressed
with a just sense of the rights and honor of their country, and
will rally round its standard in opposition to the injustice and
insults of the belligerents. The promptitude and firmness with
which the Senate have arrived at their opinion upon our foreign
relations, and their confidence in, and determination to support
the administration of their own country, is a renewed evidence
of their wisdom and patriotism, and worthy of general imitation^
For your expressions of confidence in me, receive, gentlemen,.
my unfeigned thanks.
Daniel D. Tompkins.
Albany, February 19th, 1810.
REPLY OF THE ASSEMBLY TO HIS EXCELLENCY DANIEL D. TOMPKINS.
Sir: We acknowledge, with unfeigned gratitude, the unmerited goodness of Divine-
Providence towards our common country.
The duty of legislating for a large and opulent state, is at all times important ani
highly responsible.
Whether the magnitude of that duty is enhanced at the present juncture by the-
convulsed state of the civilized world, and the great political events, constantly
occurring, it is not in our province to determine.
The powers constitutionally vested in the legislatures of the particular states, do not.
authorize any interference on their part, with the foreign relations of the United
States. If, however, the general government, to whose consideration this and many
other topics embraced in your excellency's speech, properly belong, shall require the-
co-operation of this house, in any measure necessary to maintain the dignity and pro-
vide for the protection of the nation, the well known patriotism of this state is a
sufficient pledge that such co-operation will be promptly and cheerfully afforded.
STATE HISTORIAN. 230
The mournful picture which your Excellency has drawn of the unhappy condition of
the nations of Europe, and the monitory lesson which it furnishes to the American
people, of the rapacity and ambition of Princes, cannot fail to make a deep impression
on every patriotic mind; as men we sympathize with the sufferers, and as Americans
we feel a deep solicitude to escape similar calamities.
We have witnessed with strong emotions of indignation and resentment the aggres-
sions on our neutral rights by the belligerents, but we have also seen with extreme
regret, that those aggressions have net been met or resisted in a manner becoming
the impartial neutrality, or by means consistent with the honor and resources of our
country.
It does not comport with our sense of propriety to assume the office of censors,
on the conduct of the general Administration, and, therefore, we forbear to enter into
a discussion of the unatoned injury we have received, by the insulting attack on one
of our public armed ships.* But as your Excellency has been pleased to press the
subject upon us, truth constrains us to observe, that if such attonement has not been
acknowledged by the nation whose officer committed it, to be wholly unwarrantable;
it is a mortifying proof either of the imbecility of our nation or the want of energy
in those who preside over its destinies.
We have to lament that when called upon by your excellency to recognize the
constant evidences of a desire on our part to maintain a strict and impartial neutrality,
those evidences were not exhibited to enable us to decide understandingly on their
merits; and we are the more reluctant to express any opinion on this interesting point,
when we reflect that the people are utterly unacquainted with the state of the negotia-
tions between this country and one of the beligerents, with whom we have a subsisting
treaty, and from whom we have received repeated and flagrant injuries, aggravated by
the most humiliating and irritating circumstances.
While on the one hand the administration have thought proper to disclose, as we have
reason to believe, the whole of the correspondence relative to our differences with
Great Britain, it has on the other hand given publicity only to detached and apparently
mutilated extracts of the correspondence with France.
If, as we are bound to presume, a full disclosure of the communications, with the
latter government, is withheld from the public for cogent reasons, we trust that it will
not be deemed disrespectful in us to withhold a blind recognition of the existence of con-
stant evidences of a desire on our part to maintain " in fact a strict and impartial
neutrality." For although we freely admit that a reasonable confidence is due to the
administrators of the general government, we cannot concede that it would accord
with the duty of this branch of the legislature to commit itself on such an important
point, without a full knowledge of every material circumstance connected with it. Such
a step would in our opinion be an Act of servile courtesy unbecoming the representa-
tives of a free and enlightened people.
The disavowal of the part of Great Britain of the arrangement entered into by her
minister with the United States, is to us a matter of deep concern, inasmuch as we
participated in the lively satisfaction which the nation derived from the prospect of a
speedy restoration of good understanding and harmony between tho two countries. But
when the accredited representative of. the British nation has declared solemnly that it
was disavowed because concluded in violation of express instructions to her agent, it
would be rash in us, without clearer evidences than we possess of the insincerity of
that declaration, to impute the disavowal to bad faith.
As your Excellency may expect that in answering your speech we should express an
opinion on the late rupture of the negotiation with the British minister would be
highly gratifying to us had you pointed out the impeachment by that gentleman of tho
veracity of our administration, for in that case we should have approbated cordially
the course of treatment which he has received. We have sought in vain for proof of
the fact, and, therefore, we are at a loss to conceive how a measure calculated to close
the door of accommodation and to precipitate the nation into a calamitous war, can
merit the approbation of any American who feels anxious to maintain the honor and
preserve the peace and happiness of his country.
Should the momentous duty of deciding upon the attitude which the United States
shall assume in the present emergency, be performed with wisdom and fidelity by the
*The attack, June 22, 1807, by the British frigate Leopard, 50 gun ship, upon the
American ship Chesapeake, off the Virginia coast. See Military Papers of Daniel D.
Tompkins, Vol. I, pages 28-30.— STATE HISTORIAN.
240 ANNUAL REPORT OF THE
agents to whom it is confided, we assure your excellency that we shall be among the
first to render them the tribute of deserved praise. And should war ensue, we shall
cordially unite with our fellow Citizens throughout the union, to meet the shock with
all that firmness and zeal, which real patriotism will dictate.
At the same time we have no hesitation to declare that we are decidedly opposed to
a war, provided, it can be avoided consistently with our national honor and safety.
We should consider it as one of the greatest calamities to be involved in a war with
the only remaining European power which presents a barrier to that universal
dominion, at which one of the belligerents manifestly aims, and to which he
approaches with rapid and awful strides. It is moreover a lamentable truth that our
country is unprepared to prosecute a war with either of the belligerents, however
necessary the measure may be. In all the essential means which that deplorable state
requires, as well for offensive as defensive operations, we are greatly deficient, but
more especially in the important and indispensible requisite of money.
We are justly alarmed at the report of the Secretary of the Treasury, in which he
discloses the melancholy fact, that we are reduced to the necessity of resorting to a
loan of four millions of dollars and upwards, to defray the ordinary expences of the
general government. This communication is equally unexpected and discouraging to the
people of the United States, and we sincerely hope that those who are entrusted with
the superintendence of their national concerns will institute such an enquiry into the
true causes of the exhausted state of the treasury, as the magnitude and urgency of the
case imperiously call for.*
William North, Speaker of the Assembly.
Albany 24th February 1810.
THE GOVERNOR REPLIES TO THE ASSEMBLY.
Gentlemen: Being desirous that the intercourse between the
different branches of the Government, should be conducted with
respectful urbanity and dignified decorum, and fully determined
that no consideration shall ever induce me to depart from that
line of conduct, it cannot be expected that I should notice all
the expressions in this answer of your honorable house.
At the commencement of the present important session of
the legislature, it became my duty to submit to them such views
of the interesting affairs of the nation, and of the conduct of
its administration, and to inculcate such principles of national
union, as appeared to me to be inseparably connected with the
interest, honor and peace of our common country. A constitu-
*The hostile tone of this document reflects the sentiments of a majority of the Assem-
bly, which for the first time in a decade was under the control of the Federalists, who
were opposed to the National Administration and to the war sentiment that was
gradually but surely developing throughout the country, because of the repeated humili-
ating aggressions of Great Britain. During the political campaigns of 1809-10 State
issues had been forced to the rear by the preponderating influence of national ques-
tions.—STATE HISTORIAN.
STATE HISTORIAN. 241
tional injunction, as well as a sincere attachment to the rights
and independence of my country imposed that duty. Fully per-
suaded that the conduct of the national government has been
distinguished by the purest principles of patriotism, I cannot
subscribe to the justice or propriety of your intimation, that
our negociations with either of the belligerents have been im-
properly managed or unduly concealed. Nor can I suppose
that you can justly complain that the aggressions upon our
national rights, have not been met in an honorable and dignified
manner; as recourse has been had to every mode of redress,
except an appeal to the sword; against which you appear to
entertain the most decided opposition. If the American people
are just to themselves, and true to their Government, we have
nothing to apprehend from the arts or the arms of any foreign
power. Let us not by inculcating distrust, or exciting suspicion
against the national administration, weaken their efforts in the
support of our rights. But with a humble reliance on the
blessings of the Supreme Being, and with a firm determination
to maintain the honor of our Country, let us unite our exertions
to invigorate the Arm of the national government, and to enable
it to repel with energy the aggressions of every foreign power.
Upon examining the report of the Secretary of the Treasury,
it will be found that the suggestion of loaning three or four
millions of dollars, is not for the purpose of enabling that
department to defray the ordinary expenses of the government,
or to pay the annual appropriation of eight millions of dollars,
towards discharging the national debt, but to meet any expenses
for the navy and military departments above three millions of
dollars. And when we reflect that the diminution of income
is principally to be ascribed to those aggressions on neutral
10
242 ANNUAL REPORT OF THE
commerce, which excite the indignation and resentment of the
assembly: and that without direct or internal taxation, or loans,
and under unprecedented difficulties and embarrassments, the
government has been enabled, within the last nine years, to
extinguish nearly thirty five millions of the national debt, and
to pay upwards of six millions, under the British treaty and
Louisiana convention, and yet to retain a surplus in the
treasury; and when we contemplate the immense resources to
be derived to the nation, from more than six hundred millions
of acres of public land, we must be perfectly satisfied that we
are able to meet every emergency which the injuries and insults
of any foreign power may render unavoidable. Should wey
therefore, be driven to the necessity of expending even forty
millions for the purpose of asserting our rights and maintain-
ing our independence the national debt would not then be
greater, nor the finances of the country less flourishing, than
they were previous to the period I have mentioned.
Whilst we acknowledge with unfeigned gratitude, the over-
ruling goodness of Divine Providence, it becomes us to implore
him to continue his signal blessings and to endow us with wis-
dom to discern, and virtue to pursue the real interest and
happiness of our country.
Daniel D. Tompkins.
Albany, February 24th, 1810.
NEW YORK'S HARBOR DEFENCE.
THE COMMISSIONERS OF FORTIFICATIONS AND COLONEL WILLIAMS
FILE THEIR REPORTS WITH THE GOVERNOR.
Gentlemen: The report of the commissioners of fortifica-
tions, together with the official communication of the Colonel
STATE HISTORIAN. '2\'\
of engineers, relative to the works erecting by the United States,
are now submitted to you. They are accompanied with an
account of the commissioners specifying the particular objects
to which the expenditures have been applied. The Act making
the appropriation for works of defence, expresses a confidence
that the advances by the state will be reimbursed by the United
States. To accomplish that object and to adjust the terms upon
which the transfer of the property and works on Staten Island
shall be made to the United States, further legislative provision
is necessary.
I also avail myself of this occasion to transmit to you my
account of monies drawn and expended pursuant to the pro-
visions of the several acts authorising the purchase of ordnance,
small arms and ammunition. Two contracts have been made for
small arms, the one for the manufacture of two thousand at
New Haven, and the other for the manufacture of one thousand
at Pittsfield, in Massachusetts. Samples of the muskets deliv-
ered under each contract are submitted to the inspection and
examination of the members of the legislature. Three thousand
muskets are still to be purchased, and should no objections be
made to the samples submitted, additional contracts will be-
entered into for that number.
Daniel D. Tompkins.
Albany Feby. 6th, 1810.
REPORT OF CHAIRMAN CLINTON.
Sir: We have the honor to transmit herewith to your Ex-
cellency, an account of our expenditures in erecting fortifica-
tions at the Narrows under the appointment with which you.
honor'd us.
I
244 ANNUAL REPORT OF THE
Presuming that it would be acceptable to your excellency to
receive a circumstantial account of the works which have been
constructed, we requested Col. Williams to furnish us with a
statement, and we have now the honor to enclose his report
to us on the subject.
From that your Excellency will perceive that a powerful bat-
tery has been erected on the S. E. point, which will mount 80
cannon, and is now ready to receive the platform ; that a battery
to the north of the former, in a commanding position, capable
of mounting from twelve to fifteen guns, is also ready for laying
the platform; and that a battery constructed of solid masonry
mounting twenty seven cannon is now completely prepared for
the reception of its guns. Thus a few weeks labor will enable
us to present a defence at that point of our harbor of one hun-
dred and twenty guns, a defence which, with corresponding
fortifications on the eastern side, will be respectable and
formidable.
In commencing our operations at the Narrows, we had in view
the amount of the appropriation by the legislature for that
object, and therefore undertook no works which that appropria-
tion would not complete. The works are however connected
with the general plan of defence proposed by Colonel Williams,
and are in themselves powerful, and are judiciously planned as
to their support of each other.
Though we are persuaded that our expenditures have hitherto
been conducted with care and economy, still many expenses
have been incurred which add greatly to the total amount and
which yet do not strictly belong to works of defence. They
were such however as the nature of that situation demanded,
without which no work could have been constructed, and which
are of themselves extremely useful.
STATE HISTORIAN. i» n
Among these may be reckoned the labor bestowed in forming
two extensive roads to the southern and northern summit of
the hill, large and commodious barracks and offices for the
accomodation of three hundred men, and the superintendents
who directed them. A blacksmith's shop and the necessary
tools, carpenter's and stonecutter's shops, an extensive wharf
for the landing of materials, cannon, stores &c., which cost
three thousand dollars: and a well which was sunk in the S. W.
bastion of the intended main work on the hill. This last was
necessary for the supply of water to a garrison, and which
would also more than pay the expense of sinking it, by the
water which it will furnish in the construction of the mason
work of the fort, and which could not otherwise be procured
but at immense labor and expense.
As labor could not be conducted to advantage during the
winter season, we concluded to suspend all further operations
until the spring, and on the first of last month we reduced the
establishment to six men and a superintendent, who are em-
ployed in the care of the property at the Narrows, and in mak-
ing such repairs as the weather may render necessary. To
render the works efficacious we are of opinion with Colonel
Williams that the eastern side of the Narrows should also be
fortified. How far this will be considered as proper to be done
by this state, or may be made a subject of arrangement with
the general government, your excellency will best judge. Our
remaining funds will, we expect, enable us to erect the tower
part of the main work on the hill, which, while it will be power-
ful in the annoyance of shipping, will also afford protection to
the works already made.
246 ANNEAL REPORT OF THE
We cannot conclude this report without expressing to your
Excellency our sense of the services which we have received
from Colonel Williams during the progress of the works.
While we have been indebted to his intelligence for the plans
of our operations, his assistance has been afforded to us with
a promptness and zeal that were highly gratifying and served
greatly to enhance the services rendered.
We are with the highest respect, Your humble servants By
•order of the Commissioners,
De Witt Clinton, Chairman.
REPORT OF COLONEL WILLIAMS.
New York, January 18, 1810.
Gentlemen: In compliance with the invitations you have fre-
quently given me, I have repeatedly visited the forts on the
east side of Staten Island in the Narrows, and I have great
pleasure in noticing the conformity of the plan I had the honor
to suggest to the Governor, so far as the works have progressed.
The better to evince my concurrence in the execution of the
plan, and to comply with the request you have verbally honored
me with, I will take the liberty of making such observations
as naturally arise out of a description of the works. And first
give me leave to observe that as in all probability any sudden
attack will be a maritime one, it was in my opinion very judi-
cious to commence your operations near the water. Your bat-
tery on the beach is in this point of view in the best possible
position, and is so fully exposed to the fire of the protect-
ing work, intended to be erected on the hill in its rear, that
it will be totally impossible for an enemy, however numerous,
STATE HISTORIAN.
247
io hold it long enough to do it any injury whatever. This
battery not only presents a force of twenty seven guns behind
an impregnable wall, but it is capable of being flanked on each
side by the wings on which may be mounted ten or fifteen guns
;so constructed as to protect it in every part except the direct
front, (where it may be considered unassailable) and be them-
selves protected by the main work. Two traverses should be
erected on each side of a diametrical line, to protect the interior
from the effect of a ricochet shot, and between these traverses,
somewhat further in the rear, a magazine may be very safely
placed. Two furnaces for heating shot might also be placed
so as to have on each side one of these traverses between the
magazine and each of them. This battery is capable of being
raised so as to cover another tier of guns, with no more addi-
tional expense, than an additional height of about twelve feet
and another platform. The Narrows is no place for an enemy
to make a descent at, or to attempt to batter from, owing to
the rapidity of the current, unless he were to come to an anchor,
which when the protecting works shall be finished would be
certain destruction.
The battery "A" extending in a right line along the Narrows
to the southward of fort Richmond just described, and thence
in a curve round the point of the southern extremity of that
entrance, is sixty eight and an half feet above high water mark,
but the hill is so very steep that it is at a very small distance
• 4
from the shore, the whole length of this line is six hundred and
seventy feet, which will afford sufficient space for a platform
to contain forty eight guns. The superior talus of this parapet,
which is of impenetrable thickness, descends to a direction
which strikes the water as near the shore as any ship of force
248 A^UAL REPORT OF THE
would venture to come, so that it is impossible to pass under
cover of the hill. Immediately in the rear of this platform is
another battery in the nature of a cavalier, of a sufficient height
to fire over it, and also to command the channel; this cavalier
is in extent four hundred and eighty feet, affording space for
a platform to contain thirty two guns, so that the whole force
of this battery may be taken to be eighty guns, all bearing upon
any passing ship.
I mus-t in this place take the liberty of observing that it is
absolutely necessary to support these batteries by a stone revet-
ment, to ascertain height, and to lead the water on the superior
talus to certain points, whence it should descend in spouts,
otherwise the heavy rains will inevitably wear gullies, which
would in time wash the whole away; but with this precaution,
the works may be made permanent.
At the distance of sixty four yards and rising to an eleva-
tion of twenty four and a half feet north of battery " A," is an
excavation from the hill which in the plan is called battery
" B," this also commands the channel and is capable of mount-
ing twelve guns. Fort Tompkins (just commenced and the plan
for which is fully described in my letter to the Governor of
the 21st October 1808) is three hundred and seventy two yards-
from battery " A,'7 each battery commanding in succession the
one immediately preceding, while fort Tompkins completely
commands the whole. The elevation of its proposed ramparts
is fifty five feet above battery " B," and eighty above " A," and
the whole height above the beach where fort Richmond stands-
is one hundred and forty five feet in an angle of depression 45
degrees. The side of the hill is so steep, and so capable of
being defended by a berme with palisades, and with an abbatis-
STATE HISTORIAN.
240
"both below and above the berme, that it may be considered as
unassailable in a hostile manner.
Here terminates the description as far as the works have
progressed, but before I close the subject, I beg leave to reiter-
ate the observation I had the honor of submitting to the Gov-
ernor when I first suggested the plan in Octob. 1808, that all
this work can only be considered as a commencement, and that
I ought not to be hell responsible for the efficacy of the plan,
unless it be carried into full execution on both sides of the
Narrows.
Since it was hinted that a Castle on Hendrick's reef would
be essential to the defence of this passage, one has been erected
on the west point of Governor's island: it is therefore no
longer a problematical proposition, for where the centre of that
castle stands, loaded vessels have passed; and there are but
from three to eight feet of water on the reef; the battery off
Hubert and L^ight streets has been founded in thirty five feet
of water.
Thus, Gentlemen, have I complied with your request, and I
shall be ready at all times, as far as it is in my power to render
you any acceptable service.
I have the honor to be with the greatest respect, Your most
Obedient Servant
Jona. Williams,
^ * Colonel Commandant of Engineers.
The Honorable the Commissioners on Fortifications, New York.
250 'ANNUAL REPORT OF THE
NEW YORK HARBOR DEFENCES.
New York, January 19, 1810.
Sir: I have received your Excellency's favor of the 6th Inst.
and in compliance with your request, shall describe the present
state of the defence of this harbour.
1. The battery off Laight and Hubert Street is ready to re-
ceive its guns, and is capable of mounting 16 guns of the
heaviest metal.
2. Fort Columbus on Governor's Island is finished, ancl capa-
ble of mounting one hundred and four guns, of which upwards
of fifty are already on the ramparts. This is a regularly
enclosed work of masonry, with ditch, counterscarp, covertway
and glacis, capable of resisting a large siege.
3. Two tier of platforms in the castle at west point of Gov-
ernor's Island are finished, each being capable of receiving 26
guns, on the lower platform, eleven French 36 pounders, are
already mounted. This lower tier may be ready for action as
soon as the guns are all mounted, but it would not be advisable
to mount the second tier until the arches are dry, unless com-
pelled by the necessity of tlie occasion. The whole force of this
castle when completed may be stated at 100 Guns, including the
terrace on the top.
4. At Ellis's island there are eight 32 pounders, and the plat-
form is capable of mounting twenty.
5. At Bedlow's island the mortar battery may be ready to
receive eight or ten mortars as soon as they can be mounted,,
but the main work, which is calculated to mount forty guns, is
about one half done: it will be completed in the course of the
next summer.
HISTORIAN.
251
0. Also in the course of next summer the first tier of a castle
off the old Battery will be completed, and mount thirty of the
heaviest pieces.
7. There are in the arsenal, between State and Wall Streets,.
24 pieces of heavy artillery ready mounted on travelling car-
riages.
For a description of the works at the Narrows, I beg leave to-
refer to the annexed copy of a letter I wrote to the commission-
ers on fortifications by their request.
From the foregoing, you will perceive that the interior defence
of this harbour, in its present state, may amount to one hundred
and sixty guns, or thereabouts, and when completed will amount
to three hundred and four guns and ten mortars, exclusive of the
travelling pieces. The defence at the Narrows as far as the
works are ready, or nearly so, would amount to one hundred
and nineteen guns, if they were mounted. But the ultimate
defence, if the plan were completed, might be made equal to four
hundred guns; that is, two hundred on each side of the Narrows.
I beg leave to remark that there are on Staten Island, two
points which seem pre-eminently for mortar batteries, one on the
north and one at the southern extremity of the Narrows, and
both under complete command of Fort Tompkins. The first
would annoy ships at the Quarantine ground,* and the other
would probably prevent their lying between Gravesend bay and
the west bank; the present season necessarily suspends all oper-
ations of masonry, except those of a preparatory kind, but na
time is lost that can be usefully employed, and I hope to proceed
with rapidity at the opening of the spring.
*The old Quarantine up lo recent years was maintained in the lower bay on the west
bank, midway between the Narrows and Sandy Hook.— STATE HISTORIAN.
-252 AadPciAL REPORT OP THE
In the course of all my duties in this harbour, it has been in
the highest degree satisfactory to know that I have enjoyed the
•confidence of your Excellency and the commissioners, and I beg
jou to believe that I entertain a grateful sense of your and their
Tery obliging attention.
I have the honor to be, with the greatest respect Your Excel-
lency's Most Obedient Servant
Jonathan Williams,
Col. Commdt. of Engineers.
His Excellency Governor Tompkins.
STATE HISTORIAN.
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254 ANNUAL REPORT OF THE
TO THE SECRETARY OF THE TREASURY THOMAS DAVIS RECOM-
MENDED FOR COLLECTOR OF THE NORTHERN DISTRICT ATTI-
TUDE OF THE ST. REGIS INDIANS.
Albany, Feby 19, 1810.
Sir: Mr. Massy on his return from Washington informed me
that it was in contemplation to divide the district of Sackets
Harbor, and that he had mentioned to you Mr. Thomas J. Davis,
of Oswegatchie in St. Lawrence County, as a suitable person
for Collector of the northern district. He also suggested a
wish that I would transmit to you my opinion of his fitness. I
am not intimately acquainted with Mr. Davis, altho' I have had
some interviews with him, during the last & present winter,
on his visits to the seat of our State government. He was ap-
pointed Sheriff of the County of St. Lawrence at its first organ-
ization, and continued in it for four years being the constitu-
tional limit of holding the office. I have heard no complaint
against him in that office, and his repute as such officer. His
intelligence and character as appears to me, from his conversa-
tion and from hearsay of his reputed steady attachment to the
administration and republican principles, induce me to believe
that he is a suitable person for collector. The Vice President
will probably recollect him, as he received his appointment as
Sheriff during his administration of the government of this
State, and if he does, will be able to give you more particular
information as to his character and qualifications.
I will here take the liberty of adverting to a circumstance in
that quarter of the State, which although it does not particu-
larly appertain to your department, will, I hope, be communi-
cated by you to the President. The St. Regis Indians, I am
credibly informed, have by one Mr. Montanye whom the British
STATE HISTORIAN. 253
government has placed near them, on the Canada Side of the
line, and by donations of land and money from that government,
become much attached to the British, and treat the inhabitants
on our side with much greater coldness and distance than they
were wont to do. It is also suggested that Col. Lewis, one of
their Chiefs, and who is much attached to the United States,
and served them as an officer in the late war, has left the settle-
ment through fear arising from that attachment. It is a fact
within my own Knowledge, that Col. Lewis left St. Regis in the
Spring and has not been there since; for I saw him at Oneida
in August last, in New York in September, and he is now in
this city, with Oneida Indians. But whether his absence is
owing to the cause assigned by the neighboring inhabitants, I
know not. Cap'n Gray another man formerly influential among
them, it is also said, is extremely uninfluential and unpopular
arising from the same cause. Captain Dennison a respectable
inhabitant of the neighborhood, is now here, and with others,
gives me the above information and mentions the anxiety of
our citizens in the vicinity.
I take the liberty of communicating this information, for the
purpose of enabling the General Government to take measures
to counteract the influence of the British over that tribe, or in
the event of hostilities with that Nation, to give timely and effi-
cacious protection to the inhabitants of St. Lawrence County.
The Honbl. Albert Gallatin.
P. S. Since writing the above I have seen Mr. Hopkins, the
member from St. Lawrence, who lives about 20 miles up St.
Regis River. He is of opinion those Indians will be neutral in
case of war, although he agrees they are divided in their attach-
ments, and that a majority of them profess a friendship for the
British.
256 ANNUAL REPORT OF THE
THE GOVERNOR EXPRESSES HIS VIEWS ON THE PROPOSITION TO PAR-
DON A COUNTERFEITER OR FORGER.
Albany, Feby 24, 1810.
Sir: Your letter in relation to Piercey's pardon was duly
received last evening. I expect that at the spring session of
the Judges &c. at the State prison, upon laying the papers
before them, they will recommend him to pardon, in which case
the pardon will issue of course. I mentioned to Mrs. Piercey
that I could not pardon before that time.
The crime of forgery or passing counterfeit money ha&
become so prevalent that it becomes the duty of public officers
to become extremely circumspect as to any acts which may
countenance or extenuate that crime. I sympathise with the
connections, and as an individual, would gladly relieve them
from their anxiety, but as an officer, I feel bound to postpone
any interference until the Spring session of the State prison
board.
Oliver Waldron, Junr. Esqr.
OXEIDA INDIANS DESIROUS OF SELLING MORE OF THEIR LANDS.
Gentlemen: The Christian party of the Oneida Indians have
offered to sell to the state certain lands, described in the annexed
Memorandum Marked A.
It rests with the Legislature to determine whether such pur-
chase shall be authorized and to direct the time and manner of
conducting a treaty upon that subject.
Daniel D. Tompkins.
Albany, 26th February 1810.
STATE HISTORIAN.
A.
257
The Christian party of the Oneida Indians offer to sell to the State, as follows:
After laying out a square for themselves, extending from Myndert Wemple's tract to
the turnpike gate, 114 chains to the Eastward thereof, along the turnpike road, and
north thereof the same distance; then they propose to cede to the state all their land
extending from said square to the Oneida lake, and bounded east by a line drawn from
the north East corner of said square, to a point on the Oneida Lake half a mile distant
from the Oneida Creek, and on the West by the lands heretofore ceded? Also, the
following tract: Beginning where mud-creek empties into the Oneida Creek, to the
southward of the Oneida Castle, and running thence in a straight line south to the line
of the Pagan party, then along the same east to the Oneida Creek, and then down the
same to the place of beginning.
Gentlemen: The Expense and payments attending the treaty with the Christian party
of the Oneida nation of Indians, amount to three thousand and fifty five dollars, and
two cents, for the reimbursement of which, it is necessary provision should be made
by law. The treaty, duly executed and acknowledged, is herewith sent, for the inspec-
tion of the members.
Daniel D. Tompklns.
Albany, March 7th, 1810.
THE GOVERNOR TO THE LEGISLATURE REGARDING THE MILITARY
RESOURCES OF THE STATE IN 1811.
Gentlemen : By virtue of the authority granted by the Act of
the legislature of this state, entitled " an act making further
provisions for the erection of an arsenal in the city of New York,
and for other purposes," passed Nov. 8th, 1808, 1 have caused the
gores of land therein mentioned to be sold for the sum of four-
teen thousand and eighty three dollars and eleven cents. That
sum has been partly expended, pursuant to the fifteenth section
of the supply bill of 1809, in the extinguishment of a balance of
one thousand seven hundred and thirty three dollars and seven
cents and an half, due the commissary of military stores upon
the account of expences in erecting a powder magazine in the
city of New York, and in the payment of a balance of one thou-
sand six hundred and forty four dollars and ninety-two cents,
due to me upon the arsenal account, previously audited by the
comptroller, which last balance was directed to be repaid out of
the proceeds of the sale, by the act first above mentioned. In
consequence of those two payments the residue of the considera-
17
258 ANNUAL KEPORT OP THE
tion money has proved insufficient to complete the arsenal and
to erect and finish the lavatory, work-shops, keeper's dwelling,
with fences &c. : But they have nevertheless, been finished at an
expense of one thousand two hundred and thirty-four dollars
and nine cents, beyond the proceeds of the said sale; for the
payment of which balance legislative provision is requested. I
beg leave also to observe that the land upon which the arsenal
and appurtenant buildings in New York are situated, has been,
as I am informed, assessed for the expense of purchasing the
requisite ground for the street through which the contemplated
canal is to run. The same act which may direct the preceding
balance, may also with propriety provide for the payment of the
assessment for Canal street.
The purchase of two thousand stand of small arms, contem-
plated by the seventeenth section of the supply bill of 1807, has
been effected. The arms were manufactured by Mr. Eli Whitney
of New Haven, in the state of Connecticut, and are, in the
opinion of competent judges, equal if not superior to any
imported arms. The cost of the two thousand has been twenty
six thousand dollars. The manufacture and delivery of an addi-
tional quantity of two thousand muskets of the same quality has
been contracted for by Mr. Whitney. They will be delivered in
the course of the present year. The last mentioned contract and
also one entered into with Mr. Pomeroy of Pittsfield in Massa-
chusetts, was made pursuant to the act authorising the purchase
of an additional quantity of ordnance, arms and ammunition,
passed April 8th, 1808. A considerable part of the arms con-
tracted for with Mr. Pomeroy has been received. The advances
upon the two last mentioned contracts exceed thirty thousand
dollars. The appropriations heretofore made will however be
STATE HISTORIAN. 259
sufficient to meet all further payments upon those contracts and
for other military purposes.
In pursuance of the authority given by the act of 1808, a large
quantity of nitre was purchased and a contract was made for
manufacturing it into powder. It was previously ascertained
that the purchase of the materials, added to the contract price
for manufacturing it, fell short of the price at which powder
could be purchased, and that the quality of powder manufac-
tured at New Lebanon, in this state, was equally good with that
which could be purchased at market. By contracting for the
manufacture of powder there was not only a saving to the pub-
lic, but at the same time encouragement was given to the enter-
prising proprietors of a powder manufacture within our own
state. The nitre purchased was accordingly delivered to the
contractors, Messrs. Tilden, Patterson & Co. of Columbia
County, and the principal part thereof was manufactured into
powder and delivered to the assistant commissary in Albany.
But before the whole was delivered an unfortunate explosion
destroyed part of the manufactory and with it some of the prop-
erty belonging to the state. That accident has deprived the
manufactures of the powder to complete the delivery of all the
powder which the nitre would have produced, and I therefore,
respectfully submit to your wisdom the propriety of directing an
enquiry into the circumstances of the loss and of making such
provision in the premises as will be just and equitable.
Since the last communication which was made to the legisla-
ture relative to the proceedings under the Act to provide for the
defence of the northern and western frontiers, deposits, or
arsenals have been erected in Onondaga ; in Plattsburgh, Clinton
County; and one in Elizabethtown, Essex County, has been
260 ANNUAL REPORT OF THE
begun, but on account of the sickness and absence of the prin-
cipal workmen, could not be finished the last season. In the
course of the ensuing summer that will be completed, and
deposits in Genesee and St. Lawrence Counties will also be
erected, which will close the duties enjoined by the last men-
tioned act, and the law amendatory thereof, passed 24th Febru-
ary 1809.
The quantity of the land contemplated by the act relative to
fortifications, passed the 3rd February 1809, has been purchased
for Seven thousand and five hundred dollars, which, with thirty
Dollars for the expense attending the purchase, has been paid,
and the account therefor settled. The other proceedings which
have taken place, since the last session of the legislature, and
the measures which it is contemplated to pursue, are detailed in
the report of the commissioners herewith submitted.
The annual report of the Commissary of military stores is also
herewith communicated. It will shew that the state is now sup-
plied with an adequate part of field artillery, fit for service ; and
that when the small arms now manufacturing are received, the
supply of muskets and ammunition will be amply sufficient to
equip as large a detachment of the militia of this state as will
probably ever be called into service at one time. In support of
the recommendation of the commissary for the erection of a
powder magazine at some place near the city of Albany, I take
the liberty of stating that the powder which has annually been
distributed amongst the artillery companies of the eastern and
western districts has generally been transported from New York
to Albany and deposited in the arsenal here until called for.
During the last summer a fire broke out in the vicinity of the
arsenal which excited such alarm in the minds of the neighbor-
STATE HISTORIAN. 261
ing inhabitants, that I felt it my duty to order the powder to be
immediately removed from the arsenal, and obtained permis-
sion to deposit it temporarily in the magazine situated in the
public square. I have, however, been informed that apprehen-
sions are already entertained about the danger to the city from
that magazine, and it is not improbable that we shall be com-
pelled shortly to remove the powder belonging to the state to
some other place more remote from the city. Under these cir-
cumstances I concur in recommending an appropriation for
building a magazine in some safe and convenient place, where
the powder and ammunition to be distributed amongst the com-
panies of artillery in the eastern and western districts, and to
be used upon an emergency by the militia in the northern parts
of the state, may be permanently and securely deposited.
Daniel D. Tompkins.
Albany March llth, 1811.
DB WITT CLINTON ON THE PART OP THE FORTIFICATION COMMISSION
REPORTS ON THE PROGRESS OF FORT RICHMOND.
New York, February 26th, 1811.
Sir: We have the honor herewith to transmit to your Excel-
lency, the account of our expenditure upon the fortifications at
Staten Island, during the past year.
In discharging the trust reposed in us by your Excellency, we
were governed by the sum, which the legislature had voted for
the purposes of defence; and therefore selected such parts of
the plan proposed by Col. Williams for the defence of the Nar-
rows as the funds at our disposal would probably enable us to
finish.
262 A^UAL REPORT OF THE
Since our last report to your excellency, we have not there-
fore under taken any new works, but have confined the expendi-
ture to the completion of those which were at that time com-
menced.
The south eastern battery capable of mounting eighty-two can-
non having been deemed by Col. Williams and the commissioners
of every great importance, it has been thought advisable to
finish it in the best manner ; and the upper tier has been accord-
ingly faced with a wall of solid masonry.
The parade ground of the upper and lower works of this bat-
tery have been finished, and foundations for the platforms have
been also laid.
Two furnaces for heating shot have been built in Fort Rich-
mond, and a substantial cover has been constructed along the
interior of the wall of that work, as well for the protection of
the men who may be stationed in the fort, as for securing the
platforms and gun-carriages from injuries of the weather.
A wall extending about 600 feet has been also built to support
the road communicating between the south eastern battery and
Fort Richmond; this the sandy nature of the soil rendered indis-
pensably necessary. The shore along the whole extent of the
south eastern point has also been secured by storm against the
encroachments of the sea.
As the price of timber during the last season was unusually
high, we declined procuring the material for the platforms of the
upper batteries; this we propose during the ensuing summer.
The different works will be then ready to receive the cannon,,
and it will remain with your excellency to direct their being
mounted.
STATE HISTORIAN. 263
Impressed as we are with the importance of this pass to the
security of our harbour, and to our country generally, we trust
we shall not be deemed obtrusive in expressing the hope, that
measures will be adopted for its compleat defence.
By order and in behalf of the commissioners of fortifications.
De Witt Clinton, Chairman.
His Excellency Danl. D. Tompkins.
A REPORT OF ALL AND SINGULAR THE WARLIKE STORES BELONGING TO
THE STATE OP NEW YO'RK, FEBY. 27TH, 1811.
FORT RICHMOND.
24 pieces of iron ordnance, caliber 24, mounted on old garrison
carriage, with implements, 500 round shot for Do; 1 Gin and 1
Gin fall and block; 1 Debill carriage; 2 setts mens harness; 4
Brass 12 pounders, completely mounted on travelling carriages,
with implements.
The above property is in good order, except the garrison car-
riages which are unfit for service; the garrison, with property
completely under cover.
FORT COLUMBUS.
1 Iron six pounder.
BBDLOWS ISLAND.
1 Iron twenty four pounder.
ORDNANCE YARD NEW YORK.
40 pieces iron ordnance, caliber 32; 40 old garrison carriages
for Do; 16 pieces, iron ordnance, caliber 24; 14 old garrison car-
riages for Do; 3570 round shot for Do; 4 pieces of iron ordnance,
264 ANNUAL REPORT OF THE
caliber 18, lately reamed out; 4 new field carriages for Do; 520
round shot for Do.
The property in the ordnance yard, New York, as above, is
unfit for service; except the 18 and 12 pounder, with their car-
riages, which are yet in the mechanics, but will be completed by
spring.
OLD ARSENAL, YARD, NEW YORK.
6 pieces iron ordnance, caliber 6.
ARSENAL, NEW YORK.
4 brass 12 pounders, completely mounted on travelling car-
riages, with implements, as in the return; 10 brass 9 pounders,
completely mounted on travelling carriages, with implements
Do; 3 brass 6 pounders, completely mounted on Do. with Do;
2, 10 Inch mortar in Do. Do; 1 travelling forge, complete, with
pole harness; 1 brass provett; 150, 10 Inch shells; 60, 8 inch Do;
12 bouch barrels; 2 Boxes of Fusees; 1300 round shot for 9
pounders; 1600 Do. 6 Do; 8 Tumbrils; 2000 stand of new arms,
lately from Whitney's factory; 716 Stand of other arms, Tower
Hill; 200 Bayonet scabbards; 2032 setts new accoutrements;
1005 prickers for muskets; 2090 Worms for Do, 35,000 musket
balls; 9 Coils slow match.
The above property in good order. It will be necessary to
refit some of the muskets with accoutrements, flints &c.
MAGAZINE YARDS.
11,275 Ibs of Gunpowder, including the quantity purchased last
summer ; 43,000 rounds of fixed ammunition for muskets, 20 to
the Ib; 108,000 rounds of do. for do. 18 to the pound.
Issued out of New York magazine since the 1st Feb. 1810 by
Order, for practice, proving cannon, muskets &c:
STATE HISTORIAN. 265
2,400 lb». powder, together with a quantity of round shot;
2,400 rounds of ball cartridges*, delivered to the order of the
mayor at the execution of two convicts.
ARSENAL, ALBANY.
1 Brass 3 pounder, completely mounted on travelling car-
riages, with implements; 1 do. 6 pounder, for park artillery; 1
brass 3 pounder, completely mounted for flying artillery; 2 do. 6
pounders, completely mounted for Do; 1 Travelling forge, with
harness and apparatus complete; 4 Tumbrils: 1 Gin block and
fall; 1873 muskets complete; 240 setts of accoutrements; 3 Ooils
slow match; 58 boxes fixed ammunition for muskets 16 to the Ib;
2 do. do. broken; 1550 Ibs. powder, including 83 Qr. Casks
received last Winter of Mr. Tilden; 13 Boxes buck shot.
I have a receipt and order from the deputy for 1825 pounds
powder issued out.
STORE AT ROME, COUNTY OF ONEIDA.
700 stands of arms; 500 setts of Accoutrements; 1500 Flints;
10,000 Fixed ammunition for Muskets; 1 Brass 3 pounder, com-
pletely mounted on travelling carriage, with implements, as in
return; 2 brass 6 pounders, complete, as return; 60 round shot
for 6 pounders ; 6 qr. casksi powder.
STORE AT WATERTOWN.
489 Stand of arms'; 350 Setts of accoutrements; 1000 Flints,
7,500 rounds of fixed ammunition for muskets; 9 Quarter Casks
of Powder; 100 round shots for 6 pounders; 1 brass 6 pounder,
completely mounted on travelling carriage with implements; as
return.
266 ANNUAL BEPORT OF THE
The warlike stores transmitted for the County of St. Law-
rence, deposited (subject to storage) in Hooker's store, at
Sackett's Harbour.
STORE AT ONONDAGA.
487 stand of arms; 300 setts of acoutrements; 1000 flints; 5000
rounds of fixed ammunition for muskets; 3 Quarter casks of
Powder; 1014 Stand of arms; 588 Setts of Accoutrements; 15,000
rounds of fixed ammunition for muskets ; 1500 flints ; 7 Quarter
Casks powder; 2 bras'S 6 pounders, complete, on travelling car-
riages, with implements; 314 round shot.
The above property in good order.
DEPOSIT AT BATAVIA.
500 stand of arms; 300 setts of accoutrements; 1000 Flints;
10,000 rounds of fixed ammunition for muskets; 6 Quarter Casks
powder.
Property forwarded to the counties of
CLINTON & ESSEX.
2 brass 3 pounders complete, on travelling carriages with
implements harness, &c. as return;
630 stand of arms; 480 setts of Accoutrements (Including
those returned by Judge Moore.)
1000 Flints; 8000 rounds of fixed ammunition; 8 Quarter casks
Powder; 100 round shot for 4 pounders; 300 Do. 3 Do.
The following property delivered the commandants of the dif-
ferent corps of artillery throughout the state.
1 brass 6 pounder, delivered Captain Duryea, of Queens
County, completely mounted on travelling carriage, with imple-
ments and harness and fit for service.
2 Do. delivered Capt. Ferris, New York, as return
STATIO HISTIMMAN.
2 Brass 6 pounders delivered Capt. Buckmaster, New York;
2 do do do Capt. Horn do
2 do do do Capt. Brinkerhoff do
1 do and 1 brass 3 pounder, completely mounted for Flying
artillery, delivered Capt. Bogart New York.
1 Brass 6 pounder delivered Capt. Lyon, Westchester;
1 do do Capt. Raymond do;
1 do do Capt Rockland;
2 do do Capt. Ketcham, Poughkeepsie;
2 do do Capt. Hooly, Dutchess;
1 do do Capt. Ross, Newburgh;
2 do do Capt. Wigton, Hudson;
2 do do Capt. King, Lansingburgh ;
1 do do Capt. Cooley, Willsborough;
1 do do Capt. Kingsby, Ballstown;
2 do do Capt. Mills, Albany;
1 do do Capt. Veeder, Montgomery;
1 do do Capt. Deitz, Schoharie;
2 do do Capt. Hamilton, Greene;
1 do do Capt. Flint, Delaware;
1 do do Capt. Brooks, Chenango;
1 do do Capt. Kirkland, Oneida;
2 do do Capt. Ellis, Madison;
1 do do Capt. Greayes, Ontario;
1 do do Capt. Tubbs, Courtland;
1 do do Capt. Camp, Hournsfield.
4 POUNDERS:
1 Brass 4 pounder delivered Capt. Hart, Canandaigua;
2 do do Capt. Beckwith, Greeneville;
268 ANNUAL REPORT OF THE
1 Brass 4 pounder delivered Capt. Greene, Platteburgh ;
1 do do Capt. Hunn, Albany county;
1 do do Gapt. Sill, Whitesborough ;
1 do do Capt. McCall, Seneca;
3 POUNDERS:
1 Brass 3 pounder mounted for Flying Artillery, delivered
Gapt. Sizer, Madison ;
2 do complete, delivered Capt. Jermain, Suffolk;
2 do complete, delivered Gapt. Barbarie, Kings;
2 do do Gapt. Vandenburgh, Dutches^;
2 do do Capt. Carpenter, Goshen;
1 do do Gapt. Davis, Hunting Grove;
1 do do Capt. Ross, Newburgh;
2 do do Capt. Brown, Pittstown;
1 do do Capt. Osborn, Hoosack;
2 do do Capt. Badger, Sandy Hill;
1 do do Capt. Woodworth, Cambridge;
1 do do Capt. McCracken, Salem;
2 do do Gapt. Patchen, Saratoga;
2 do do Col. Teller, Schenectady;
2 do do Col. Kennedy, Montgomery;
2 do do Capt. Eisenlord, Palatine;
2 do do Oapt. Kellogg, Schoharie;
2 do do Gapt. Mason, Otsego;
1 do do Capt. Beardsley, Delaware ;
1 do do Capt. Watkins, do
2 brass 3 pounders mounted for flying artillery, delivered Gapt.
French, Herkimer;
2 do do Capt. Turner, do;
1 do do Capt. Sill, Whitesborough;
STATE HISTORIAN. 209
2 brass 3 pounders mounted for flying artillery, delivered Capt.
Petrie, Madison;
1 do do Oapt. Sherwood, Onondaga;
1 do 'do Capt. Mulhollan do;
2 do do Capt. Chase, Springfield.
2 POUNDERS
1 brass 2 pounder delivered Oapt. Davis, Hunting Grove ;
1 do in the arsenal.
The above field ordnance, completely mounted and fit for ser-
vice, when distributed to the respective corps.
This state having already, from time to time, made very
liberal appropriations for military purposes, it is with some diffi-
dence that I take the liberty of mentioning one other subject
requiring attention, and which is not now provided for by law,
namely, the erection of a powder magazine at some convenient
place near the head of navigation of the Hudson. We have no
deposit for Powder, except in the City of New York, and great
embarrassments and trouble happen in my department for the
want of a proper place to store powder and fixed ammunition,
to be distributed to the artillery in the Eastern and Western
districts, and to be used in frontier service, as emergency may
require.
John McLean,
Com. of Mil. Stores.
GOVERNOR TOMPKIXS ON THE QUESTION OF LAND FOR THE BROOKLYN
NAVY YARD TO MAYOR RADCLIFF OF NEW YORK.
Albany, March 16, 1810.
Sir: An application having been made to me through the
Navy Department of the United States, for the cession & title
270 ANIMAL REPORT OP THE
of the Jurisdiction of a flat or Bank in the Wallabout Bay, oppo-
site the navy yard, near the City of New York, I have thought
it my duty to call a meeting to be held at the Council Boom, in
the Capitol in the City of Albany, on the second day of April
next, at eleven o'clock in the forenoon, of the Commisisoners
designated in two certain acts of the Legislature of this State,
the one entitled " An act to cede the Jurisdiction of certain
lands in this State to the United States " passed 20 March,
1807. And the other entitled "An Act supplementary to An
Act entitled An Act to cede the jurisdiction of certain lands in
this State, to the United States'7 passed 20 March, 1807 "passed
18 March, 1808 " of which Commissioners the Mayor of the City
of New York, for the time being, is one.
The Honorable Jacob Radcliff, Mayor of the City of New York.
THE GOVERNOR REPEILS AN ACCUSATION O'F HENRY LOWTHER.
Albany, March 16, 1810.
Sir: Your letter of the 10th instant was received last
evening. I am at a loss to know to what ill treatment whilst
you were a citizen of New York, you allude in that letter. You
also mention you have troubled me twice by letter on that sub-
ject, and have received no answer. I have no recollection of
having heard from you since you left New York, nor did I know
in what part of the State you resided, until the receipt of your
letter of the 10th instant. As I keep a file of all letters on
business, I have examined that file for two years back, and can
find no communication from you on any subject. 1 have
thought it proper to state these facts, to repel the insinuation
that my standing or office, produce a forgetfulness of friends,
or myself. I trust those who have been personally acquainted
STATE HISTORIAN. 271
with my conduct and treatment of citizens, in my present office,
can inform you that it has made no alteration in my disposition,
manners, or habits, and with those you were formerly in 1800,
1801, 1802 & 1803 tolerably well acquainted.
Mr. Henry Lowther.
THE GOVERNOR EXCULPATES GENE'RAL VAN WYCK FROM A DISAGREE-
ABLE CHARGE.
Albany, March 21, 1810.
Dear Sir: I have no recollection of informing any person
that General Van Wyck represented Mr. Jackson to me, as a
Federalist; nor have I any recollection that Genl. Van Wyck
did make such representation. You may perhaps remember,
that I expressed a reluctance to depart from his recommenda-
tion for Brigade Quarter Master, stating at the same time, that
from my short acquaintance with General Van Wyck, I enter-
tained a very high respect for him as a gentleman.
Now I admit, that before I had the interview with you, I had
the impression of Mr. Jackson's being a moderate Federalist,
but to the best of my recollection that impression arose, not
from Genl. Van Wyck but from written representations of some
Republicans in Fishkill, (which were then and still are on the
files of the Council of Appointment). The first was signed by
yourself and others, advising the Council not to reappoint
Messrs. Hughson, Budd or Jackson. The second by Theo's B.
Van Wyck, Theod's W. Van Wyck and Abm. P. Bapalje, Esqrs.
(who also signed the first) requesting the reappointment of Mr.
Jackson, but not Messrs. Hughson and Budd. One of those
papers stated that those three gentlemen were appointed the
winter before, against the wishes of the Republicans of the town.
272 ANIUAL REPORT OP THE
From the first of these communications, I naturally concluded,
Mr. Jackson was deemed a Federalist, because no other cause
for removal was alledged, except their having been appointed
against the wish of the Republicans; and from the second, I
inferred, that he was a moderate and respectable Federalist in
as iSuch as several Republicans advised his reappointment.
Under that impression I think I asked you and Mr. Bloom,
whether he was not a moderate Federalist; and upon your
answering in the negative, assigned the above circumstances as
my reason for asking the question.
It would be indelicate in me to insist that my recollection in
this business is more accurate than Mr. Bloom's, but I can only
say, that I do not recollect or admit that I ever quoted Genl.
Van Wyck as my authority for enquiring whether Mr. Jackson
was or was not a Federalist; and it is but Justice to the Genl.
for me to say, that if I did, it must have arisen from some mis-
recollection or misunderstanding of the source of my impres-
sion, for as I cannot now recollect, that Genl. Van Wyck ever
did give me such informatioD, it would be dishonorable in me
to charge him with it, and you are at liberty to shew him this
letter, or such parts of it as you may think proper, as evidence
or my acquitting him of that imputation, and to assure him
that I never entertained the remotest idea of his having mis-
represented any circumstance whatever, to me, and never enter-
tained towards him any other sentiments than those of friend-
ship and respect.
I shall be happy if this explanation should be satisfactory to
you, and to General Van Wyck.
To Derick A. Brinkerhoff, Esqr.*
*Derick A. Brinkerhoff, of Dutchess County, Member of Assembly, 1809; Sheriff Febru-
ary 4, 1812 to March 19, 1813.
STATE HISTORIAN. 273
MORE TERRITORY ACQUIRED AT THE NARROWS FOR THE FORTS.
Albany, March 23, 1810.
Sir: The Legislature of this State have passed a Concurrent
resolution of which a copy is enclosed.
The eligibility of the position at the Narrows, for the Military
Academy of the United States, occurred to me last Summer,
and was mentioned to you. Since that period I had the honor
of informing you by letter, of the purchase of this State of the
dwelling-house of Mr. Stillwell, the barn and about twenty four
acres of land lying along the westerly bounds of our former
possession. This purchase extends our line on the shore of the
Bay westerly from the southerly point of land and extinguishes
the twenty links in width along the shore of the Narrows, for-
merly reserved by the proprietor and enlarges the establish-
ment to fifty acres and upwards. There are on the premises,
a two story dwelling occupied by Mr. Stillwell; a barn in the
rear, the dwelling house occupied by the Keeper of the observa-
tory, a small barn and workshop connected with it; and the
small dwelling house on the shore of the Narrows, a few rods
north of the barracks. Those buildings are connected with the
purchase of the land, and their value is not included in the
expenditures for fortifications, under the appropriation of one
hundred thousand dollars. It is impossible for me to give you
an accurate estimate of the real value of that part of the estab-
lishment, but I believe it would sell to individuals for a large
Sum. That part of the appropriation which has already been
laid out, amounts to fifty six thousand dollars. Your own
observation and the information of Colonel Williams to whom
I beg leave to refer, render it unnecessary for me to say any-
18
274 ANNUAL REPORT OF THE
thing in relation to the propriety of our plan, or the prudence
and ceconomy with which the works ha,ve been constructed.
With these remarks, I beg leave to enquire whether there exists
a disposition on the part of the general Government, to obtain
a cession of the land, wharf, buildings and fortifications on the
Staten Island side and on the bed of the Narrows at Hendrick's
Reef, on the Long Island side, and if so what terms would be
deemed reasonable?
You will perceive that no final arrangements can be made
without the sanction of the Legislature, and as they will adjourn
before the tenth of April, unless their sanction will be obtained
before the close of the present session, no bargain can be
definitely made until the ensuing winter.
The Honbl. Wm. Eustis.
IN REGARD TO THE ACQUISITION OF LAND FOR THE BROOKLYN NAVY
YARD.
Albany, March 23, 1810.
Sir: I was lately honored with your Letter of the 30th Janu-
ary relative to a cession for the use of the Navy Department of
a certain flat or Bank in the Wallabout Bay. By two certain
acts of the Legislature of this State, five officers are vested with
power to cede the title and jurisdiction of any lands on York
Island, Long Island or Staten Island, or under water, which in
their opinion will Contribute to the defence and safety of the
port of New York. Upon the arrival of Captain Chauncey in this
place, the Chancellor, Chief Justice, and myself had an interview
upon the subject, and concluded that the cession requested
would be proper. But as it was deemed essential to notify all the
STATE HISTORIAN. 275
Commissioners, one of whom is in New York, and as the acts
above mentioned require us to describe the property ceded, by
more specific meets and bounds than the papers then before us-
furnished, it was deemed advisable to call a meeting of all the
Commisioners on the second of April next, and in the mean time,.
Captain Chauncey will procure and forward to me the neces-
sary surveys, to enable us to comply with the requisition of the
laws under which we act. 1 presume there will be no obstacle
at this time, to a compliance with your request. Deeds of
Cession will doubtless be prepared and executed as soon after
that time as may be practicable.
The Honbl. Paul Hamilton.
THE LEGISLATURE PROROGUED — GOVERNOR TOMPKINS RESORTS TO A
RADICAL PREROGATIVE TO SAVE THE STATE FROM SCANDAL.
Gentlemen: The constitution of this state has vested in the
Governor thereof a discretion to prorogue the Assembly and
Senate, from time to time, provided such prorogations shall not
exceed sixty days in the space of any one year. It was doubtless
intended by the wise and patriotic framers of that sacred instru-
ment, that this power should be exercised on all occasions when,
in the opinion of the executive, the public good will be promoted
by it.
I entertain a perfect conviction that the exercise of the above
mentioned prerogative, at the present time, is not only a sacred
and indispensible duty which I owe to the community, but that
it will have a tendency to awaken enquiry, and to produce a
degree of information which, under existing circumstances, can-
276 ANNUAL REPORT OP THE
not fail to be useful and important in deciding,, ultimately, upon
some of the most important measures now pending before the
Legislature.
I am not unmindful of the magnitude and responsibility of the
duty discharged by this message; and, therefore, beg leave to
assign some of the prominent reasons which have impelled me
to its performance.
You are apprized Gentlemen, that some years since it was
ascertained, beyond any reasonable doubt, that corrupt induce-
ments were held out to members of the Legislature in order to
obtain their votes in favor of an incorporation of a banking insti-
tution in the city of New York; and the very strong and general
suspicion, that the emoluments tendered there, in certain
instances, accepted, inflicted a deep wound upon the honor of
the state and upon the purity and independence of legislation.
At the last session of the Legislature, an act was passed incor-
porating the late Jersey bank ; and altho there has been as yet
no judicial investigation as to the alledged improper means made
use of to obtain that act, there is a very general public opinion,
that unwarrantable attempts were resorted to on that occasion
to influence unduly, the, then members of the Legislature.
With respect to the bill for the incorporation of another bank
in the city of New Yorly, by the name of the bank of America,
now before the Senate, many, and forcible objections, exist
against it; and I cherished the hope that the considerations
which I had the honor to suggest to the Legislature at the com-
mencement of the present session, would have had their due
influence. In corroboration of those considerations, I avail
myself of this occasion to remark, that the bill now before
Senate, establishes, in the City of New York, a bank with a
STATE HISTORIAN. 277
capital of six millions of dollars; that five millions thereof may
be subscribed by the stockholders of the late bank of the United
bank, without any provision which gives a preference to the
citizens of the United States; and thus foreign stockholders may
be admitted, in the discretion of the directors, to monopolize the
stock, and consequent controul, of the intended bank, and
thereby acquire a dangerous influence in the monied operations
and other important concerns of the state.
The banking capital in the city of New York now exceeds nine
millions of dollars. This capital, in the most flourishing state
of our commerce, has been found adequate to commercial pur-
poses. The United States, we have much reason to apprehend,
are on the verge of a war with Great Britain, in defense of our
rights, our national honor, and our independence; and commerce
is consequently nearly suspended. Can it be wise, then, to
increase our banking capital in an unprecedented manner, at a
time when we have only a very limited and restricted commerce
left? Can it be prudent or safe, at such a time, to employ
British capital, and subject ourselves to its deleterious influence
in thwarting the operations of our own government, in a just
and necessary wa>r with Great Britain? It appears to me that
it would be unwise and impolitic.
When I contemplate the erection of a new bank in the city of
New York with so enormous and unusual a capital ; when I per-
ceive the resuscitation within this state of half the whole capital
of the late United States bank; and when I view the power
which that bank is to concentrate in the hands of a few indi-
viduals, I cannot but feel the most lively apprehensions for the
safety of all other banking institutions, and of our most ines-
timable institutions.
278 ANNUAL REPORT OF THE
But these considerations become less important when com-
pared with others, to which it is my painful duty here to advert.
It appears, by the Journals of the Assembly, that attempts
have been made to corrupt, by bribes, four members of that
body, to vote for the passage of the bill to incorporate the afore-
said bank; and it also appears by the journals of the Senate,
that an improper attempt has been made to influence one of the
Senators to vote for the said bill. Far be it from me to insinuate
that improper considerations have induced any member of the
Legislature to vote for the said bill; yet should its final passage
now take place, before the persons implicated in holding out the
before mentioned inducements shall have been judicially tried,
and without consulting the feelings and opinion of the com-
munity at large upon the subject, public sentiment will, I fear,
however unjustly, attribute its passage, in some degree, to the
influence of such inducements.
Under such persuasion, I entertain the most fearful apprehen-
sions that the confidence of the people in the purity and inde-
pendence of legislation will be fatally impaired; our represen-
tative system, which has been devised for us by our sages and
wisest jurists as a safeguard for our security, our property, and
our liberty ultimately destroyed; and this great and populous
state lose her just importance and influence in the destinies of
the United States.
It gives me sincere anxiety and pain to reflect that many indi-
vidual inconveniences will result from a prorogation of the legis-
lature at this time, yet these inconveniences do not compare with
the public considerations which induce this measure.
Solemnly impressed with the importance of the preceding con-
siderations, and feeling that the morals, the honor and the dig-
STATE HISTORIAN. 279
nity of the state require it — and in order that time may be
afforded for reflection, and for the complete ascertainment of
public sentiment upon a measure fraught with such important
consequences, I have deemed it proper to prorogue, and I do
hereby prorogue the Assembly and Senate until the twenty first
day of May next, then to meet in the Oapitol, in the City of
Albany.
Given under my hand and the privy seal of the State of
New York, at the city of Albany, this twenty seventh
day of March, in the year of our Lord, one thousand
eight hundred and twelve.
a Daniel D. Tompkins.
By Order of the Governor
John McLean, Junr. Private Secretarv.
THE GOVERNOR TO PETER SAILLY CONCERNING THE COMPLICATED
DISBURSING ACCOUNTS.
Albany, March 29, 1810.
D'r Sir: The enclosure in your letter of March 13th received
last evening, mortified and astonished me. From those Letters,
unexplained, it might be inferred that I had already been fur-
nished with forms, and also money, to pay the subsistence
accounts to which you refer, than which, nothing is more
unfounded; and had Mr. Brent referred to my account and
vouchers which were on file in tlie war office, upwards of a year
since, and are there still, he would at once have seen his mis-
take in intimating that the remittance made to me had any
reference to the subsistence account of the officers.
When the detachment of Champlain District was ordered out,
the Pay Master General offered to make me a remittance in
280 AiAuAL REPORT OP THE
advance, to meet the expenses of it, but as I preferred being a
creditor rather than a Debtor, the offer was declined, and he
was informed that I would pay the Bills myself, and after they
were Collected, would render the account and vouchers there-
for, and should then expect to be refunded. Accordingly,
advances were made by me to Mr. Bodman, and others, until all
was paid except the subsistence account of the officers, which I
supposed would be settled by themselves, either with the Col-
lector or at the war office, or that they had been- supplied with
rations by the Contractor.
Believing the accounts closed, therefore, as far as I was con-
cerned, with their settlement, I made and transmitted to the
Secretary of War my account and vouchers. The amount due
me in that account you will see from the copy enclosed was
$1834.23J and contained no charge for, or reference to subsist-
ence, or rations. This account after some time was noticed by
the paymaster in the letter marked No. 1. Some of the items
were rejected upon grounds which I deemed untenable, and
others were suspended for further consideration, or referred to
the accountant. After having been requested by the President,
the Secretary of the Treasury and the Secretary of War, to take
the trouble and responsibility of this detachment (the details of
which were by the President submitted to my discretion) after
having advanced the f 1834.23^ dollars for the United States, and
sent them the best vouchers I could obtain and which were
ample, with one exception, to satisfy any person, that I had
advanced and paid the amount specified in the account, and as I
neither charged them interest, commission, postage or any
expense or labor of my own, you may naturally conclude that
finding my account disposed of in the manner specified in Mr.
STATE HISTORIAN. 281
Brent's Letter No. 1 was not very agreeable or satisfactory. It
is true, as he says in his Letter, that I have not forwarded any
further vouchers on that subject, nor can I, unless I send to your
country and hunt up the individual soldiers of the Detachment,
at an expense nearly equal to the sums already paid. I must,
therefore, wait for a final settlement of my account, until I can
go to Washington and have a personal interview and explana-
tion with the officers of the war department. Now, Sir, the only
sum I ever received in relation to the Champlain detachment
from Mr. Brent or any other person was the $1800 dollars men-
tioned in his Letter No. 1; and that remittance was made
expressly, to replace in my hands, the amount of the advances I
had already made, which advances were specified in an account
and vouchers therefor, rendered and filed in the War Depart-
ment, and had nothing to do with the subsistence accounts, or
with future advances. This would have been discovered by Mr.
Brent had he looked at those papers.
I have been compelled to trouble you with this long history in
justice to myself, and to show that there is some reason to feel
chagrined about my accounts, especially as> no information or
forms were ever previously furnished by the war department;
and moreover this is the second instance in which Mr. Brent has
mistakenly referred citizens of this State to me for payment, as
if I had received money for them, when I had not as> you will
see by his letter of apology No. 2, enclosed. It is not my dis-
position to retain monies which belong to, or have been remitted
on account of other persons; and I never supposed the $1800 dol-.
lars was otherwise intended than a payment to me on a/c of the
balance of f 1834.23J then due to me.
282 ANI!UAL REPORT OF THE
I will now, Sir, proceed to the affair of the subsistence papers.
I doubtless must have made a mistake in construing your letter
enclosing them. But certain it is, I had an impression, that as
he was mentioned as the person who had previously sent them
on, they were to be delivered to Mr. Rodman. I accordingly did
deliver them to him immediately, with a request that he would
forthwith attend to them, which he promised to do. Afterwards
upon the receipt of yours of the 29th October I enquired of him
whether he had attended to those papers, and understood from
him that he had. Since the receipt of your letter of the 13th
inst. it was ascertained that those letters were still in his pos-
session, but he now informs me that he sent them on and they
were returned with an intimation that they must come through
me; accordingly this day I have called for and obtained them,
and will now hold myself responsible for their being trans-
mitted. In the mean time, altho' you will see by the documents
herewith transmitted, I am not supplied with funds equal to the
amount already paid out by me in 1808, yet I cannot endure that
the officers should any longer lay out of their just demands, and
for that reason I herein transmit to you a check for the amount
of your storage and of the subsistence accounts — viz —
Capt. Delevan Delance's subsistence
Capt. John Stephenson's Do.
Lieut. Benjamin Reynolds Do.
Lieut. Samuel Browns Do.
Ensign Whitney Russells Do.
Ensign John Baker Do.
Amt. of check inrlosed
q PP+
40.80
37.20
12.40
14.40
13.60
12.40
T>n
Do.-
Do.-
0.
au5.80
STATE HISTORIAN. 283
By the mail of tomorrow, I shall send the papers to the Pay
Master, and will explain to him the mistake he has made in the
intimation to Mr. Tracy, that the remittance to me was intended
for, or had any reference to the payment of the amount due the
officers for subsistence, or to your account for storage.
I feel ashamed, that you, my dear Sir, have had so much trou-
ble and vexation in this business, but the only thing I reproach
myself with having contributed to it, is my inattention in hand-
ing over the papers to Mr. Rodman under a misconstruction of
your Letter of the 21st July last, and without examining them.
I understood from Judge Smith that the arsenal could not be
finished last fall for the want of brick. Should you require any
further remittances on that account, be pleased to let me know
it before the first day of May, and point out the mode of con-
veyance. If my checks on the State Bank payable to your
order, can be converted into money, at Plattsburgh, that mode
will subject us to the least hazard.
The Honble. Peter Sailly.
TO DR. DAVID HOSACK RELATING TO THE LAND BOARD.
Albany, April 18, 1810.
D'r Sir : Yours of the 14th was duly received. Altho' the Gov-
ernor is nominally a member of the Board of Commissioners,
yet a law was passed in 1803 dispensing with his attendance on
that board, since which time he has never been notified of or
attending any meeting. I mention this by way of excusing myself
from any responsibility, for the delay which has taken place, and
which is likely to take place in your business. If any other
apology were necessary for me your own recollection would fur-
284 ANNUAL REPORT OP THE
nish it. You know when you applied to me to convene an extra
Council of Revision the most cogent reason assigned was, that
the Commissioners of the Land office met the ensuing day, and
you were anxious to have the law passed before they met, in
order that you might arrange with them at that meeting the
measures to be taken on their part. I, therefore, took it for
granted until the receipt of your letter, that the Commissioners
had been applied to and had made the requisite appointment of
appraisers, &c.
On the day your Letter came to hand I wrote to the Secretary
of State desiring him to call the attention of the land-office
board to its contents. His answer is enclosed from which I am
sorry to learn, that on account of the absence of the Surveyor
General, it is not probable that your request can be complied
with, until the early part of June next.
Permit me to take this opportunity of acknowledging the
receipt of a view of the Botanic Garden, at Elgin, and with an
assurance of my respect and esteem to tender you my thanks
for this mark of your friendship and regard.
Dr. David Hosack.*
* David Hosack, scientist, b. in New York city, 31 Aug., 1769; d. there, 22 Dec.
1835. His father was a Scotch artillery officer, who served at the capture of Louisburg
in 1758. David was graduated at Princeton in L789, and received his medical degree
in the College of Philadelphia in 1791. He then removed to Alexandria, Va., prac-
tised there a year, and in 1792 went to England and Scotland for study. In 1794 he
returned to New York with the first collection of minerals that had been introduced into
this country, and the duplicate collection of plants from the herbarium of Linnaeus,
which now constitutes a part of the museum of the Lyceum of natural history of
New York. He was appointed professor of natural history in Columbia College in
1795 and became the partner of its first president, Dr. Samuel Bard, succeeding
Dr. William Pitt Smith in the chair of materia medica in 1797, and combining its
duties with that of botany. In 1807 he became professor of midwifery and surgery
in the College of physician and surgeons, afterward occupying the chairs of the theory
and practice of medicine and obstetrics and the diseases of women and children until
1826, when, with Dr. Valentine Mott, Dr. John W. Francis, and others, he organized
the medical department of Rutgers college, which was closed in 1830. At different
periods he was physician to the New York hospital and the Bloomingdale asylum.
He was one of the founders and the first president of the New York Historical Society
in 1820-8, president of the Horticultural, the Literary, and the Philosophical societies,
and established the Elgin botanical garden. He edited, with his friend and pupil,
STATE HISTORIAN. 285
THE GOVERNOR ADVISES GEORGE M'CLURE TO WITHDRAW HIS
RESIGNATION.
Albany, April 25, 1810.
D'r Sir: Yours of the 10th inst. has been duly received. It is
not in my power to accept the resignation of a Judge ; the Coun-
cil alone are competent to such acceptance and to fill the
vacancy.
They did not remove you as you anticipated, nor did I receive
your letter until after their adjournment; and whether you offici-
ate or not until the next meeting of the Council, I would advise
you to withdraw the resignation already sent me.f You can act
as you may be advised, as to serving in the mean time, but the
result of the election being ascertained, I shall not lay your
resignation before the Council next winter, unless I am positively
directed by you so to do, after receiving this information, and I
hope you will not now give such direction.
George McClure, Esqr.
HENRY LOWTHER SEVE'RELY AXD UNJUSTLY TREATED.
Albany, May 7, 1810.
D'r Sir : Yours of the 14th & 19th of April were both received
on the same day. I am inclined to think that your treatment in
Dr. John W. Francis, the "American Medical and Philosophical Monthly " in 1810-14.
Dr. Hosack made a special study of yellow fever, having himself suffered from th«
disease, and his report on its character is one of the best that has ever been pub-
lished. His paper on " Contagious Disorders " and his treatise on " Vision " were
republished by the Royal society of London (1794). His "Hortus Elginensis," a scientific
catalogue of his own collection of plants, is a valuable contribution to botany. He
was the first surgeon in this country to tie the femoral artery at the upper third of
the thigh, and introduced as early as 1795 the operation for hydrocele by injection.
He published, besides many medical and scientific papers, " Memoir of Hugh William-
son, M. D." (New York, 1820); "Essays on various subjects of Medical Science"
(1824-30); "System of Practical Nosology" (1829); "Memoirs of De Witt Clinton"
(1829); and "Lectures on the Theory and Practice of Medicine," edited by Henry W.
Ducachet (New York, 1838). Dr. Hosack attended the duel between Hamilton and
Burr and it was in his arms that Hamilton fell after the fatal shot was fired.— STATE
HISTORIAN.
fThe resignation was not pressed.— STATE HISTORIAN.
286 ANNUAL REPORT OF THE
New York was severe and unjust, but did not warrant the deter-
mination which you thereupon rashly formed. There is no
power vested in the executive to dispense with the performance
of military duty, but if there be any vacancy in the Regiment in
which you reside, for a staff or line officer, to which you can
with propriety be appointed it will give me pleasure to promote
your appointment to it. You will then be relieved from military
duty as a private. If you will drop me a line upon this subject
it shall be attended to; and I cannot at present see any other
mode by which your object can be answered.
Mr. Henry Lowther.*
THE GOVERNOR AND AN ADVERSE COUNCIL OF APPOINTMENT HE
REFUSES TO CALL A MEETING.
Albany, June 14, 1810.
Gentlemen: I am instructed by his Excellency, the Governor,
to notify you that he will not call or attend a meeting of the
Council of Appointment on the third day of July next; that he
has uniformly deemed the attempt of three members of the
Council, to control the executive authority, by dictating the time
and place of convening them, and that too in his presence, and
with his express dissent, and without any real or ostensible
necessity for such meeting, an unprecedented assumption of
those powers which the constitution and laws, and invariable
usage have vested in the executive alone. I am also directed,
further, to inform you that the Governor is not at present
advised of any important business, civil or military, which would
* Henry Lowther was appointed an ensign of a detached company in the Thirteenth
Regiment, Militia, 2 September, 1812.
STATE HISTORIAN.
287
justify him in subjecting the state to the expense of an extra-
ordinary session of the Council and that whenever a necessity
therefor does in his opinion exist he will direct a meeting and
cause the several members to be seasonably summoned.
I am, gentlemen, respectfully Your obt it.
Aaron Clark, Private Secretary to the Governor.
The Honble Israel Carll [Suffolk County], Robert Williams
[Dutchess County], Amos Hall [Ontario County], and
Daniel Paris [Montgomery County].
One copy of the above letter, on the date thereof, sent to the
above named Council of Appointment — Also one forwarded to
Moses Atwater. for Mr. Hall.
THE GOVERNOR OFFERS TO MAKE AN EXCHANGE OF ORDNANCE WITH
THE SECRETARY OF THE NAVY.
New York, 16 Octbr., 1810.
Sir: I have recently been informed that some brass six pound-
ers on board the Brig Enterprise, now lying in the Harbor, will
in all probability be exchanged for an equipment of Carronades.
Should that be the case, and you be willing either to dispose of
the brass sixes, or to receive in lieu of them a supply of Carro-
nades of equal value, I shall be happy to have an opportunity of
adding the six pounders to the park of Artillery belonging to
this State.
The Honbl. Paul Hamilton.
288 ANNUAL REPORT OF THE
THE GOVERNOR GIVES AN INKLING OF THE DIFFERENCES BETWEEN
HIM AND THE COUNCIL OF APPOINTMENT.
New York, October 26, 1810.
D'r Sir: Your letter of the 15th Instant was received yester-
day. I declined accepting a resignation of Colonel Hewit sent
me two or three years ago for reasons which it is unnecessary
now to state. At the last session of the Council, I was requested
by a majority of the members, to hand over the military papers
to the Adjutant General, and the appointments were pretty gen-
erally made according to his suggestion. As I was seldom con-
sulted, it is impossible for me to give information respecting any
military papers or appointments of last winter. I have, how-
ever, a slight recollection of having seen a resignation of CoL
Hewit, which assigned reasons, sufficient to justify its accept-
ance, but what disposition was made of it, I am unable to say.
It will, therefore, be best for Col. Hewit, to subscribe another
resignation, which you can approve and transmit with your next
annual return. You may calculate upon its being accepted by
me, and your return may, therefore, contain the names to fill the
vacancies occasioned by the resignation of Col. Hewit.
Genl. John Tillotson.
THE GOVERNOR INFORMS COLONEL WILLIAMS O'F THE DISPOSITION OF
NEW YORK TO COOPERATE WITH THE FEDERAL GOVERNMENT
IN THE ACQUISITION OF LANDS FOR HARBOR FORTIFICATIONS IN
NEW YORK.
New York, Nov. 12, 1810.
Sir: Your communication of the 21st September, has been
this day submitted to the Commissioners appointed by certain
STATE HISTORIAN. 289
acts of the Legislature of the State of New York, passed 20th
March, 1807, and 18th March 1808.* Your questions are repeated
below and the answers which I am authorised to give are sub-
joined thereto.
Ques. 1. " Are the Commissioners now willing to make a ces-
" sion in the manner reqiiired of the ground owned by the State
" on the East side of Staten Island, including the tract lately
"purchased?"
Ques. 2d. " What are the conditions they think proper to
" attach to that cession, respecting the works lately erected on
" the premises? "
In answer to the preceding enquiries, I am instructed by the
Commissioners to inform you, that they are ready and willing to
confirm to the United States, the title and jurisdiction of all the
-iNew York, Sep. 21, 1810.
*Sir, Perceiving by the acts of Assembly of the 20th of March 1807 and 18 of March
1808 that the Commissioners therein nominated have power to cede to the U. States
the occupancy and jurisdiction of any lands belonging to the state of New York on
Staten Island or under water between Staten & Long Islands which the purposes
of defence may require; and recollecting the liberal sentiments expressed by the Com-
missioners when I had the honor of meeting them on the subject of other cessions
I am induced to ask the favor of an answer to the following questions in such form
as may enable me to lay the subject before the Secy, of War in an authentic manner.
1. Are the Commissioners now willing to make a cession in the manner described
by law of the ground owned by the state on the East side of Staten Island including
the tract lately purchased?
2. What are the conditions they think proper to attach to that cession respecting
the works lately erected on the premises?
3. Are they willing & if so have they the power to make the cession without requir-
ing a reimbursement of the cost of those works provided an equal sum be expended
in the erection and endowment of a Military Academy on any part of the aforesaid
tract?
4. Are the Commissioners willing to cede to the U. States the ground under water
which may be occupied for defence between the shores of Staten and Long Islands
as dfiscribfid by the Law?
As it is not easy to forsee all the bearings that these questions may have in the
minds of the Commissioners I shall be highly obliged if you will have the goodness
to make to them a full detail of any matter connected with this subject which may
occur to you and may have escaped my attention in forming the foregoing questions.
I beg you to pardon the freedom with which I have presumed to present this subject
to you and believe me to be with the utmost deference and respect
Sir. Your Obdt. Servant,
Jona. Williams.
His Excellency Govr. Tompkins.
19
290 ANNUAL REPORT OF THE
land owned by the State of New York, on the Southeasterly
point of Staten Island, including the late purchase, without any
other consideration therefor, than the reimbursement to the
State of the monies actually expended in erecting fortifications
thereon. It is to be understood that the prices given for the
land, dwelling houses, barns, and other improvements thereon,
at the time of the respective purchases, will not be considered
as part of the sum expended in fortifications.
Qu£S. 3d. "Are they willing, and if so, have they the power to
"make the cession without requiring a reimbursement of the
" costs of those works, provided an equal sum be expended in
" the erection and endowment of a military academy, on any part
u of the aforesaid tract? "
Answer — They are of opinion that since the cession of the title
and Jurisdiction of the lands in question was not required by
the President of the United States, for works of defence, at the
time other tracts were required and ceded for that purpose, and
in as much as the Agents of the State, under an impression, that
those lands would not, therefore, be wanted by the United States
for that purpose, have since the passing of the before mentioned
acts, and pursuant to Legislative authority, expended a consider-
able sum in erecting works of defence there, it would not be
discreet in the Commissioners, without further Legislative pro-
vision, to consent to cede the title or Jurisdiction of the premises,
upon any other terms or conditions than the re-imbursement of
the sum so expended. I, however, think it extremely probable,
that the Legislature will feel disposed to authorize a cession
upon very liberal terms, upon the condition of having a Military
Academy established there, and suitably endowed.
STATE HISTORIAN. 291
Jfth. "Are the Commissioners willing to cede to tlu>
" United States the ground under water, which may be occupied
ufor defence, between the shores of Staten Island and Long
" Island, as directed by the Law? "
Answer — They are ready and willing to cede to the United
States in the usual manner, and without any consideration there-
for, the title and jurisdiction of any land under water upon Hen-
drick's Reef, or at any other place between the shores of Staten
and Long Island, which may be required for works of defence.
Col'n Jonathan Williams.
THE GOVERNOR ATTEMPTS TO ADJUST DIFFERENCES BETWEEN JUDGE
NICHOLAS AND ELIJAH MILLER.
New York, Novr. 16, 1810.
Sir: I this day received a letter from Elijah Miller, Esqr.
covering yours of the 24th September last, which informed him
of your inability to attend the October meeting of the Commis-
sioners, named in the Act relative to the Salt Springs. He
informs me that such a difference of opinion exists between Mr.
Clark and himself, as will prevent a decision upon the subject of
their appointment and suggests the propriety of my regarding
your letter to him as a» resignation, and of appointing a gentle-
man whom he names in your stead. I have declined a compli-
ance with his request as you will see, by the enclosed copy of my
answer, until I hear from you. In the mean time it is my earn-
est desire, that you will endeavor to attend the meeting on the
first Tuesday in December and relieve me from the necessity of
supplying your place, which I cannot do at present, with a per-
__
292 ANNUAL REPORT OF THE
son so free from an objection as yourself, for an umpire between
Mr. Clark and Mr. Miller in that important business.
The Honble John Nicholas.*
DIFFERENCE OF OPINION BETWEEN THE ONONDAGA SALT SPRINGS
COMMISSIONERS.
New York, Novr. 19, 1810.
Sir: Your letterf of the 26th ultimo enclosing Mr. Nicholas'
note of the 24th of September, has been duly received. I do not
consider the. note of Mr. Nicholas, sufficient to justify me in
appointing a commissioner in his stead. It is addressed to you,
and contains the reasons for his not being able to attend a meet-
*John Nicholas, judge of the Court of Common Pleas of Ontario county, Jan. 27,
1803-March M. 1SU.
Sir: I take the liberty of informing your Excellency that Mr. Clark & myself have
attended two weeks as Commissioners under the "act concerning the Onondaga Salt
Springs" passed 5th April 1810 in investigating titles given by the different Superin-
tendants of the Salt Springs; after taking the Testimony produced by a part of the
claimants we adjourned to meet on the first Tuesday of December next. Mr. Nicholas
did not attend with us but declines acting as appears by the enclosed letter from
him to me on the subject— I apprehend such a difference of opinion exists between
Mr. Clark and myself respecting the validity and duration of a large portion of tht
leases given by different Superintendants that we cannot agree in making any decision
on them. Permit me therefore to suggest the expediency of your Excellency's appoint-
ing some other person to fill the place of Mr. Nicholas.
Joseph L. Richardson Esquire of this County if appointed by your Excellency ha*
consented to attend with Mr. Clarke & myself to the business untill the subject con-
templated by the Legislature in appointing Commissioners is compleated.
I am with respect, Your Excellency's Ob. Servt.
Elijah Miller.
His Excellency D. D. Tompkins, Esqr.
Sir: I fear it will be impossible for me to attend at Salina according to appointment
and am very fearful that some inconvenience may arise to the gentlemen with whom
I am associated or to the people who have unsettled claims— This will not happen if
you & Mr. Clark can both attend.
I have sold my house and engaged to move out of it by the middle of October by
which I enlarged my concerns (before sufficiently burdensome) so much that it is
almost impossible I should be away at the time the Commissioners are to sit— I
extremely regret that I had not declined the appointment in time for my place to be
filled and would willingly do it now if that would lessen the difficulty.
I am very respectfully Yr. Ob. St.
John Nicholas.
Sept. 24, 1810.
STATE HISTORIAN. 293
ing of the Commissioners at a particular time, now past. The cir-
cumstances which are there stated as obstacles to his attending
that meeting may not, and I trust will not, prevent his attend-
ance in December next. I have, however, addressed a letter to
him upon the subject, and shall waite his answer.
Elijah Miller, Esqr.
THE GOVERNOR TO NATHAN WILLIAMS REGARDING THE ONEIDA
INDIANS.
Albany, 26 Nov., 1810.
Dear Sir: The box of books which Mr. Clark transmitted to
you, was left at my house in the winter of 1809 by some Oneidas
on their return from Washington. They said they were going
from this to Oneida on foot, and desired me to retain the box
until the Agent went up to pay the annuity. In the mean time
my family, in cleaning house, or in some other arrangement,
put the box away where I did not find it until preparing to move
to New York the last summer. No directions were given about
the manner of distributing them. I think young Adam Shenan-
doah, was one of the party, and if delivered to him, my duty will
have been complied with. I do not know whether Adam is the
proper Christian name for the head Indian of the party. He was
a young slender Indian, talks English very well, and is the
elected successor of old Shenandoah or Crown Prince of the
Oneidas. If you know the Indian from this description, I will
thank you to cause the box to be sent, or delivered to him.
I will here mention as an apology for not having answered
several of your letters, relative to the affairs of the Indians,
that they involved legal questions, and that I, therefore, imme-
294 ANNUAL REPORT OP THE
diately delivered them to Mr. Van Vechten, the Attorney Gen-
eral, who promised to deliberate upon them, and give his opinion
and instructions about the requisite proceedings direct to you,
without communicating through me.
As to the papers you enclosed to me under date of November
8th, I must make the same answer that I have heretofore made
them, in writing upon a similar application, " that we shall pay
the whole annuity punctually, to the Indians themselves, as the
law directs; and that every individual who trusts them must do
it upon the faith of the Indians themselves to pay when they
receive their annuity." This answer the Conclave of TO or 80
with Shenandoah at their head, approved and highly applauded,
at a talk which we had with them in this city, in 1807-8. You
may, therefore, inform them that their request will not be com-
plied with.
The Hon'ble Nathan Williams.
CONCERNING ARSENALS AND DISBURSEMENTS.
Albany, 27 Nov., 1810.
Dear Sir : The commencement of a new deposit this fall, will
require an advance of money and that advance will be unex-
pended and unaccounted for until spring which will prevent me
from settling my account with the Comptroller, under the fron-
tier act, which I am determined to do before the meeting of the
Legislature; for which reason, and the lateness of the season,
1 am of opinion the Arsenal at Batavia had better be postponed
until spring. The accoutrements for small armsi can soon be
made, but there is another reason for ommitting that, for the
present, which is, that the Treasury is scant, and the Comptroller
STATE HISTORIAN. 295
does not wish that we should increase the expenditures at
present, lest they may not be able to answer the various calls
upon it.
As to preparations for racking the second story of the arsenal,
it is proper that it should be attended to as soon as you think it
necessary and proper, and you will of course give the necessary
orders for white pine or other timber, and materials which may
be wanted for that purpose.
I will thank you to write to Mr. Watson, urging him to make
up and transmit to me his accounts, both for the Watertown and
Onondaga arsenals, as early as possible, and direct the accounts
and vouchers relative to the house by the New York arsenal, to
be transmitted to me immediately.
John McLean, Esqr.
THE GOVERNOR TO MORGAN LEWIS ON THE TOWER OF Til B SENATE
TO EiLECT A PRESIDENT PRO TEM.
Albany, 30 Nov., 1810.
Sir: Although when your letter of August last was received,
I had a strong impression that the words of the Constitution
expressly provide for choosing a President of the Senate pro
tern, upon the death of a Lieutenant Governor,* vet I was not so
confident as to disregard your suggestion of consulting the law
officer upon the point. Since the receipt of your last letter, the
Attorney General has furnished me with his opinion upon the
case in which he says " with respect to the right of the Senate to
" select a President, pro hac vice, in consequence of the death of
* John Broome, lieutenant-governor, died August, 1810. January 29, 1811, the Senate
elected John Tayler president of the Senate.
296 AI&UAL REPORT OF THE
" the Lieutenant Governor, I have no doubt the words of the
" Constitution according to their fair, reasonable, and necessary
" interpretation give that right beyond all question."
It appears to me to be impossible for the Senate in any case
to hear testimony or institute a previous investigation into the
fact of the existence of the Lieutenant Governor as intimated in
your Letter of September 10th, because, whilst the president's
chair is vacant, the Senate is not organized, and of course not
qualified to conduct any formal inquiry. The election of a Presi-
dent pro tern, must in that case be an indispensable preliminary
to the regular transaction of any Legislative or Judicial business
whatever. Even were such antecedent proceedings practicable
they are rendered necessary only by implication, which ought
never to be regarded, where its operation will be to disorganize
one branch of the Legislature, or to stop or embarrass its pro-
ceedings. In my judgment, however, the word " unable " in the
21st section of the Constitution, does not contemplate or imply
the existence of the Lieutenant Governor, but on the contrary
does more clearly authorize the Senate to elect a temporary Pres-
ident in case of death, than the words " absence or non-attend-
ance" would, for those words do imply existence, whereas, the
phrase, " unable to attend " imports the want of power or being
deprived of the power to attend, which may be in consequence of
death, as well as any other uncontroulable event. Admitting
that even reasonable doubt does exist about the true con-
struction of the words of the Constitution, its spirit &
the invariable practice under it, ought to remove them, — I am
imformed that it has been the usage whenever the Lieutenant
Governor did not appear at his seat, to proceed immediately in
the choice of a President pro tern, without any enquiry into the
STATE HISTORIAN. 297
cause of his non attendance, taking it for granted, I presume,
that the right to fill the president's Chair did not depend upon
the fact of his existence, but upon the fact of his non-attendance
at the Senate Chamber.
The opinion which I intimated formerly, that whenever an elec-
tion to supply the vacancy takes place, it must be held on the
anniversary day of choosing members of the Assembly, is more
and more confirmed by reflection. The provisions of the 17th
section of the Constitution, wholly relate to the manner of choos-
ing a Governor, and provide that both ordinary and extraor-
dinary elections, shall always be held at the times, and places,
of choosing members of Assembly in the respective counties.
That the electors qualified to vote for Senators, shall be the
electors of Governor, that the person having the greatest num-
ber of votes at such election shall be Governor &c. The 20th
section, in like manner, wholly relates to the election of a Lieu-
tenant Governor, and has no express provision, nor is there any
in other parts of the Constitution concerning the times and
places of holding elections to fill vacancies in that office, nor
concerning the description or qualification of persons who may
vote for the Lieutenant Governor, nor prescribing whether the
person having the greatest number of votes shall fill the office,
or whether he must have a majority of all the votes. But the
17th section, does say, that he shall be chosen in the same manner
as the Governor, which in my understanding is equivalent to
ordaining, in express terms, that all the provisions of the 17th
section, shall apply to the election of Lieutenant Governor, and
one of those provisions confines the election to the times and
places of choosing representatives in Assembly. I agree with
vou that the word manner does not in a strictly technical or
I
298 ANNUAL REPORT OF THE
critical sense, comprehend time and place. Yet considering the
object which the convention had in view, when they introduced
into the 20th section, the words " in the same manner " and the
connection which that phrase was intended to establish between
the 20th section and the provisions of the 17th; there can, I think,
exist no reasonable doubt that the phrase was there used for
the obvious purpose of avoiding a repetition of and of referring
in one word to all the regulations and provisions of the 17th sec-
tion. Unless we give this latitude of construction to the words
of reference in the twentieth section, the Questions " What
description of persons may vote for Lieutenant Governor? At
what times and places shall he be chosen, and shall the candi-
date who has the greatest number, though not a majority of the
votes be the Lieutenant Governor?" are still sub judice, and
liable to be agitated whenever the caprice or policy of a party
may dictate. For as I mentioned before, there exists no other
provision in the Constitution, with respect to those three
particulars.
The Hon'ble Morgan Lewis.
THE GOVERNOR AWAITS PRESIDENT MADISON7 S MESSAGE.
Albany, 8 Deer., 1810.
D'r Sir: I received your favor of the 30th of November, and
tender my thanks for your kindness.
Pursuant to your intimation, I have taken the liberty of
addressing an official communication to the President on the
subject.
We are not yet made acquainted with the President's mes-
sage, but are in hourly expectation of it.
The movements at Washington during this winter will excite
more than usual interest as well on account of the critical state
STATE HISTORIAN. 299
of our foreign relations, as the domestic subjects to be dis-
cussed, and official arrangements which are expected to be made.
Any information which a leisure hour may enable you to give
will be thankfully received by
The Hon'ble Gideon Granger.*
GOVERNOR TOMPKINS WRITES A PERSONAL LETTER TO COLONEL
LIVINGSTON.
Albany, 8 December, 1810.
Dear Sir : Your letter of the 5th inst. has been received. The
subject there mentioned had escaped my recollection as I
informed you it probably would unless you refreshed my
memory with a line.
Inclosed is a letter for the Secretary of Warf which will, I
hope, meet your wishes and be serviceable to you.
Ool. John W. Livingston.
GOVERNOR TOMPKINS TO COLONEL WILLIAMS ON MILITARY AND
PERSONAL AFFAIRS.
Albany, Deer. 8, 1810.
D'r Sir: Your letter with its enclosures:): was received this
morning. I have noticed and shall attend to its contents.
I do not much approve the idea suggested by the Secretary
of war of having two Seminaries under one system of direction.
* Gideon Granger, born in Suffield, Conn., July 19, 1767; died in Canandaigua, N. Y.,
December 31, 1827; graduated Yale University, 1787; served in Connecticut legislature;
Postmaster General of the United States, 1801 to 1814; settled in Canandaigua; State
senator, western district of New York, 1820, 1821. General Granger was conspicuous
for his advocacy of the great system of internal improvement with which the name
of his illustrious friend Dewitt Clinton is identified.— STATE HISTORIAN.
fNot found.
Not official.
JNew York, Deer. 5th, 1810.
Dear Sir: Inclosed are Copies of two letters from the Secretary of War which I do
not communicate officially because they do not bear any marks of such an expecta-
tion but I think it essential that you should be previously informed of the intention
300 ANNUAL REPORT OF THE
Jealousies about the patronage which each may receive from
government and about supposed partialities in appointments
from the young men of each seminary, and the rivalship which
will subsist between the pupils educated at different seminaries,
will not only furnish the grounds of numerous duels, when they
meet in the army, but will also draw a more distinct line in that
profession between Northerly and Southerly men, and northerly
and southerly interests. However, any thing rather than the
academy and its present endowments and conveniences.
of the president of the U. S. in order that when you see his message you may if you
please reserve a place in the speech you will make at the opening of the Legislature
in which coincident observations might come in naturally and of course.
In my answer to the Secretary I have said that " in mentioning two Academies I
presume the site of Staten Island might still be understood to be eligible for one in
case the government of this state should propose acceptable terms." What I am most
afraid of is the etiquette of each partys declining to be the first proposer: if this should
be persisted in the business must be lost. Where would be the impropriety of your
States saying at once that " in case the United States will lay out on the same
ground an expence equivalent to what the state has expended (without confining that
expenditure specifically to works) in permanent military establishments then in that
case the sum so laid out shall be considered as a reimbursement to the state of the
Cost of the fortifications as far as they have progressed?" It may not be necessary
to designate the military Academy provided the designation does not exclude that
establishment; but I do not mean to dictate to you. I know your disposition to fur-
ther the views you have already suggested and I rely on such means as you may
think advisable; a proposition that only requires assent may be acted upon this
session but there will be no time after your Legislature meets for any discussion
in Congress. To lay the whole subject before you I add a copy of my letter to the
Secretary to which No. 1. is the answer.
I am with the greatest respect and esteem, Dear sir your Obt. Servant,
Jona. Williams.
His Excellency, Govr. Tompkins.
P. S. I was much disappointed when my note of invitation was returned from your
office you having left town.
The subject was the denomination of the Castle I erected which is to descend to
posterity as Castle Williams and I hope it will be accompanied to the last moment of
its existence by Fort Tompkins.
We had a fine day and never saw together more pleasant faces; every man was full
of mirth and jollity— The Corporation left us early on and of a sitting they had
directed which saved the little General from a sitting of another kind; standing would
have been out of the question.
I consider it a fortunate circumstance that out of a company of between 80 & 100
gentlemen not one accident happened tho' the crossing the water at this season in
at best dangerous yet many passed over late. " There's a sweet little cherub that sits
up aloft."
Copy of a letter from Col. Williams to the Secretary of War.
New York, Novr. 13, 1810.
Sir: Some time since it was intimated to me by the Governor of this State that the
authority of the Commissioners under the Laws of 20 March 1807 and 18 March 1808
still existed and if the United States should require the land for Military purposes he
had no doubt of the Consent of the Commissioners so far as their authority might
extend. It was also intimated to me (as a matter of opinion) that if the United States
would establish the military Academy on this ground the State of New York would
agree that the cost of the works should be appropriated to the Academy in such a
manner as the Government of the United States might direct.
These intimations could not fail to make a very strong impression on my mind or
considering this subject in comparison with the view of making the Academy what
it ought to be at West point. In one case we should have the most advantageous
site in the United States with an ample fund for buildings apparatus Library &c
without in effect any expence since the value of the money will exist in the works
already erected and which I recollect were much approved of by you. In the other
STATE HISTORIAN. 301
If you have escaped from Dr. Mitchell, I hope you will, on this
occasion write a letter on fortifications for me.
I lament my absence from the christening because no doubt
you baptized the child with wine. I shall always love Castle
Williams, both for its beauty and usefulness and for its father's
sake.
I calculate upon the pleasure of seeing you in Albany during
this winter.
Ool. Jona. Williams.
case a fund to a full equal extent must be provided from some other source and be
a real expence for you will recollect from your own view that all the buildings at
West point are not worth the money requisite to put them in compleat repair. Thi»
impression gave rise to my letter to the Governor of the 21st Sepr. last.
It would extend this subject beyond its proper bounds in this stage of the business
to go into a minute comparison between the two sites; but I think I can shew unde-
niably that the numerous deficiencies in the site of West point will be amply com-
pensated in that contemplated at Staten Island; while every advantage that can be
attributed to the former exist in an equal or greater degree in the latter place.
It happens unfortunately that the Legislature of New York will not sit till late
in January and Congress must disolve on the 4th of March so that it will be hardly
possible to cause any proposition to be made on the part of the State in due time;
but if to the bill proposed in my last a clause could be inserted authorising the presi-
dent to accept of a grant from an individual state on such terms as he might deem
equitable and just there is no doubt of having the very terms indicated by the governor.
Perhaps if the bill proposed in my last should pass without any additional clause
still the choice of the site being in the president and the cost of the fortifications
coming under the general appropriation for defence and already left to his discretion
he might be able to comply with the third condition of the Governors letter; and if »o
he would for much stronger reasons be authorised to accept of the gift.
I beg leave to submit to your consideration 1st the inclosed copy of my letter to
Governor Tompkins before mentioned— 2d a transcript of the two laws referred to and
3d Governor Tompkins' reply of the 12th instant in original.
I have the honor to be, With the Greatest respect Sir, your obt. Servant
(signed) Jona. Williams.
The -Secretary of War.
A Copy of two Letters from the Secy, of War.
No. 1. War. Dep't Novr. 23, 1810.
Sir: Your letter of the 12th instant enclosing a transcript of the Laws of the State
of New York together with your correspondence with his Excellency Governor Tomp-
kins relative to a cession of the land and Works on Staten Island has been 'received
and laid before the president for his consideration.
Terms and conditions are stumbling blocks which in the present case* I am very
apprehensive will' delay at least a final decision.
Respectfully,
(signed) W. Eustis.
Colo. Jona. Williams, New York.
No. 2. War Dep't Nov. 30, 1810.
The subject of the Military Academy will be recommended for the consideration of
Congress by the president. An extension of the Establishment to embrace a branch
of the present or the institution of another Academy at the seat of Government will
be recommended. The president and I may add the whole Executive coincide most
entirely in the opinion I have ever entertained of the usefulness and importance of
this branch of instruction and from the favorable opinions which I have observed
in the members of the Legislature I entertain strong hopes that adequate provision
will be made.
Whenever the subject shall be taken up by a Committee you will be informed and
in the mean time revolving the subject in your own mind you can be prepared to give
the detail of effecting the establishment of two Schools or Academies under one system
and one direction.
Respectfully, Your Obt. Servt,
(signed) W. Eustis.
Colo. Jona. Williams.
302 ANNUAL REPORT OF THE
THE GOVERNOR RECOMMENDS COLONEIL LIVINGSTON FOR A COMMIS-
SION IN THE ARMY TO THE SECRETARY OF WAR.
Albany, Deer. 8, 1810.
D'r Sir: John W. Livingston, Esquire, son in law of the late
Venerable Govr. Broome, has intimated to me his intention, of
applying for the appointment of Lt. Colonel in the Light Artil-
lery. Mr. Livingston held a commission for several years in the
corps of Artillery of the United States, and was aid to Govr.
Lewis, and is now one of my aids. He is a gentleman whose
character, qualifications, connections, and patriotic attachments
are such that I feel great pleasure in recommending him as
highly worthy of and qualified for the station he solicits.
The Honble William Eustis.
The enclosed was handed to me during the Summer whilst you
were at the eastward. I am not personally acquainted with Mr.
Bogardus, but take the liberty of mentioning that the persons
who have subscribed his recommendation are all known to me
and are gentlemen of intelligence, respectability & political
standing in the County of Greene. Mr. Samuel Haight is a
Senator of the State, and Judge Cook is elected to Congress as
successor to Mr. Gardinier, — Mr. Scott and Mr. Cantine have
each been Assistant Attorney General of the District in which
they reside. The other two gentlemen are also of the first
standing.
The Hon'ble William Eustis.
THE GOVERNOR MAKES A REQUISITION UPON THE GOVERNOR OF PENNSYLVANIA
FOR A CRIMINAL. '
Albany, Deer. 10, 1810.
Gentlemen: Your letter and the other papers, relating to the apprehension of Van
Doren were received about an hour since, and I loose no time in complying with your
request, as far as the documents transmitted to me will allow. The law of the United
STATI: I hs'i <.I;IA.\. 303
States does not authorize a circular as you suggest, and even to every individual state,
there must be sent with the Executive demand, a certified copy of the indictm*
have been furnished with only one copy. But to oblige you as far as lay in my power,
I have sent an additional demand for the Governor of Pennslyvania to which you may
annex in New York a copy of the indictment, certified by Mr. Wyman and then the
demand will avail you in that State. Should you, however, find that he has escaped
beyond both those States, and have an Intimation where he may be found, upon writing
to me, and sending a copy of the indictment, you shall be furnished with another
demand for the State or territory where he may stop or be caught.
Mr. David L. Haight, & Mr. Richard Kip.
AND SO INFORMS AQUILA GILES.
Albany, 10 December, 1810.
Sir: Your letter and the papers relative to Van Doren have just been received,
together with a letter from Mr. D. L. Haight and Mr. Richard Kip, desiring me to issue
a circular demand to avail them in other states than New Jersey. With this demand
I did not feel myself authorized to comply, but to oblige them as far as possible, I have
sent a demand on the Governor of Pennslyvania, which I will thank you not to deliver
until a certified copy of the indictment is annexed to it.
Permit me here to observe, that when the clerk is applied to for a copy of an indict-
ment, for this purpose, he ought to be apprised of the use which is to be made of It,
for in that case he would give a formal certificate under the seal of the Court, which
would certainly be a more respectful and authentic document than a copy merely in-
dorsed " a true copy " &c. which may do well enough to be used in our own Courts.
I should prefer that he would still add such formal certificate both to the copy annexed,
to the demand of the Governor of the State of New Jersey, and to the one to be annexed
to the demand for Pennslyvania.
Aquila Giles, Esqr.
THE GOVERNOR CALLS ATTENTION OP THE SECRETARY OF STATE OP
THE UNITED STATES TO THE DISPUTED BORDER LINE IN THE ST.
LAWRENCE RIVER, INCLUDING THE THOUSAND ISLANDS.
Albany, 10 Deer., 1810.
Sir: The definitive treaty of peace between the United States
and his Brittannic Majesty, is so worded as to that part of the
boundary line of the former, which extends from St. Regis on the
St. Lawrence to Lake Erie, that controversies and broils must
inevitably arise concerning the title and jurisdiction of many of
the Islands in that quarter. Numerous 'complaints have here-
tofore been made to me both by the inhabitants and by friendly
Indians, of intrusions, and waste committed upon Grand & Navy
Islands in the Niagara River, and upon Carlton Island, Grena-
dier Island, Buck Island, Grand Isle, and others in the St. Law-
rence. Some of those Islands are of great value, and furnish
important advantages for commerce, and eligible positions for
military operations. The delicate situation of the two countries
304 ANNUAL REPORT OF THE
has, heretofore, prevented my taking any measures upon the
subject, or troubling the general government with a communica-
tion which would add an item to the embarrassments already
existing. But the State of New York, having patented some of
the islands which are evidently on our side of the main channel,
and being applied to for others, has become deeply interested in
having the middle of the River ascertained and the title to the
Islands put out of dispute by an official designation of those
which belong to the parties respectively. Grenadier Island, near
the outlet of Ontario, is nearly eighteen miles in length, and
from three to six miles wide, and contains excellent land. The
British have patented part of that Island, and there are Six or
Seven Americans upon it, under what title I know not. The
British have also possession of Carlton Island, and have sta-
tioned and maintained a military guard there. This island is
undoubtedly ours, whether the navigable channel, or an equiva-
lent point from each shore is deemed to be the middle of the
river. In taking the census, in assessing the taxes, in noticing
and punishing crimes and misdemeanors, in collecting duties, in
preventing waste of valuable timber and in various other mat-
ters, the undefined state of the boundary line produces great per-
plexity and difficulty to public officers & to individuals, and is a
source of continual observation and complaint by our frontier
inhabitants who have become very numerous.
It has been unofficially mentioned to me, that some arrange-
ment upon the matter here referred to, has already been adopted
between the two Governments, and that an appropriation has
been made, to defray the expense of Commissioners to settle the
line. Permit me to add my earnest wish, that the subject may
meet the early and prompt attention of the National Govern-
STATE HISTORIAN. 305
ment. This request proceeds from a sense of official duty, and
from a conviction, that embarrassments and difficulties will so
multiply, by a delay of the settlement of that part of our terri-
torial jurisdictional limits, as to produce, ere long, serious and
embarrassing controversies and commotions.
The Honble. Robert Smith.
THE) GOVERNOR BRINGS THE MATTER OF THE CANADIAN BOUNDARY
LINE TO THE ATTENTION OF CONGRESSMAN PETER B. PORTER
THE MILITARY ACADEMY.
Albany, Deer. 22, 1810.
D'r Sir: The words in which the definitive treaty, describing
the boundary line of the United States from St. Regis to Lake
Erie, are susceptible of a variety of constructions, calculated to
produce misunderstandings and disturbances, which at no
remote period, will become very serious. The Islands situated
in the water communication between Lake Erie and the falls,
(Grand Isle, Navy Isle &c.) and those which are in Lake Ontario
-and the St. Lawrence (Grenadier Island, Carlton Island, Buck
Island, Long Island &c.) are of immense importance to this State,
and the United States, as well on account of the value of the
*oil and timber, as for the facilties they afford to commerce and
their eligibility for military positions and operations. The
words thro' the middle of the St. Lawrence leave it sub judice,
whether the line pursuing the sinuosities of the river and equi-
distant in all places from each shore (which will divide many of
the Islands between us and Canada) or a line pursuing the chan-
nel or navigable stream, shall be the mutual limit of territory
•and jurisdiction? The words "along the middle of the water
20
306 ANNUAL REPORT OF THE
communication between Ontario and Erie " are still less definite.
The perplexities and doubts which have existed, in taking the
census, in executing process and punishing crimes, in the assess-
ment and collection of taxes, in the execution of the revenue
laws, in the construction of patents, and settlement of titles, in
performance of the duties enjoined by the statutes relative to
intrusion upon public lands, and in a variety of other public con-
cerns, call for a speedy official designation of that line, and of
the Islands which shall permanently belong to the parties,
respectively. I have addressed a communication to the Secre-
tary of State, soliciting the early and prompt attention of the
National Government to the adjustment of the above boundary
line, and hope that the Senators and members of Congress from
this State will unite their influence to have that desirable and
important object speedily accomplished.
The endowment of the military academy excites some interest,
and is indeed of considerable importance to us. To derive from
it the benefits of a National Seminary, however, intercourse with
the same society, the inculcation of the same moral and political
principles, the same system of discipline and education, the same
views of men and measures, and the same national attachments-
ought to be adopted and cultivated. This can only be effected
but by Laving one Seminary under the superintendance and
instruction of one set of professors, and subject to an uniform
system of Government. The endowment of an additional
academy at Washington, if the others were intended to be
equally permanent, would be a measure tending to favor a disso-
lution of the union; and, therefore, I should consider that planr
merely as an entering wedge for fixing the establishment at that
place, permanently and exclusively. For my own part, I had
STATE HISTORIAN. 307
rather at once endow one institution adequately at Washington,
and none elsewhere, than place an additional one there, which
will soon become the Aarons rod, and swallow up the rest. For
those who know the advantages of being on the spot and having
acquaintances and friends there, when favours are to be dis-
tributed, and who anticipate, as I do, the preference which will
be given to that seminary in liberal endowments, in the appoint-
ment of its young men in the army, and engineer corps; in the
selection of messengers to bear dispatches or of Secretaries of
Legation, &c. and who believe that a genial warmth will on
every occasion and in every respect be imparted to that Institu-
tion by Executive and ministerial patronage, it will not be sur-
prising that military academies elsewhere should be chilled,
dwindle & finally abolished. Two or more distinct Seminaries,
two or three hundred miles apart, must inevitably either become
rival and hostile institutions, or be merged into one. The jeal-
ousies, misunderstandings, northerly and southerly prejudices,
attachments and views, personal ambition and rivalship, &c,
amongst the young gentlemen of different institutions, when
they meet in the army, will be the source of duels, and other diffi-
culties and disadvantages, which will very soon demonstrate the
necessity of a consolidation, and it is easy to predict, which site
will preponderate in that case. It appears to me, therefore,
that there ought to be but one Institution of the kind in the
United States, and perhaps I am prejudiced or misled when I say
that the seat of Government ought by no means to be the site
of that one. I have no doubt that nothing but a rare f ecility of
occurrences will enable the New York members to obtain a
suitable, exclusive endowment for the Institution, in its present
situation, or at Staten Island. But the latter place embraces
308 AfAruAL REPORT OF THE
so many and such superior advantages for the Navy, as well as
the army, and in point of health, eligibility; for practical experi-
ments, cheapness of living, vicinity to genteel amusements and
society, to fortifications which may be practicably explained, to
books, instruments, and other advantages for a complete mili-
tary education, that I should be astonished if any man not
ignorant of its advantages, or prejudiced by locality should give
Washington the preference. There is one, and but one argument
that gives Washington the advantage over other places, and that
is, that the institution is a national one, and will there be at the
seat of government, and immediately under the eye and direction
of the national administration. But this furnishes to my mind
one of the strongest objections to the place; for the young men
will there inevitably spend a greater portion of the winter, tho
most precious period for study, in hearing debates of Congress,
and in the political news and amusements of the day, and will
moreover be likely to become menservers, clatterers, intriguers,
and courtiers, and will imbibe personal prejudices against, or
attachment to, public men, merely from their opposition to, or
support of, the ambitious views of the particular students.
No situation or circumstances can be more unfriendly to form-
ing the character of a learned, modest, frank and patriotic offi-
cer. If an additional Seminary should be ultimately estab-
lished at Washington, the law organizing it, ought to contain
some provision to compel the students educated there, to devote
themselves wholly to the army if required, otherwise -it will be
a seminary of favoritism, where gentlemen of wealth and influ-
ence will strive to have their sons educated for other professions,
both because an education can be there obtained at the public
expence, and because it will offer their sons, opportunities of
STATE HISTORIAN. 309
acquiring acquaintances and patronage which no private semi-
nary will afford, and which will be important to them in any
other profession or business to which they may devote them-
selves.
The institution in its present state, reflects disgrace upon the
government, and I, therefore, hope, the members from this State,
may be able to get it endowed and revived either at West Point
or Staten Island, the latter of which is undoubtedly the most
eligible position. But if that cannot be done without yielding to
the establishment of an additional one at Washington, I pre-
sume the popular opinion would be here, that half a loaf is better
than no bread, and, therefore, that our members ought to get
one established and endowed in this State at all events.
As you are a frontier member, and chairman of the Commit-
tee relative to the Military Academy, I have addressed this let-
ter to you, and request that you will consider it as intended
for your own eye only, except so far as relates to the definitive
adjustment of our northerly and westerly boundary line.
I shall deem it a favor to be furnished with the important
documents which may be submitted to Congress, and to be
advised from time to time of such occurrences and events at
Washington, as you may deem to have a bearing upon our
State interests or politics.
The Hon'ble Peter B. Porter.*
•Peter Buel Porter, born in Salisbury, Conn., August 4, 1774; died in Niagara Falls,
N. Y., March 20, 1844; graduated Yale University 1791; studied at Litchfield law school;
began practice of law in Canandaigua 1794; county clerk Ontario county, 1797-1801;
member of Assembly, 1802; canal commissioner, 1809; member of the llth and 12th
Congresses, 1809-1813; introduced the report that recommended war with Great Brit-
ain; resigned in 1813; served as major-general of volunteers war of 1812; received
the thanks of Congress and a gold medal, and a sword from the Legislature of New
York; declined appointment of Commander-in-Chief of the United States Army. 1815;
member of the 14th Congress 1815, 1816; Secretary of State of New York 1815, 1816;
defeated for Governor of New York by Dewitt Clinton in 1817; regent of the University
of the State of New York 1824-1830; member of Assembly Erie county 1829; Secretary
of War 1828; presidential elector 1840.
»
310 ANNUAL REPORT OF THE
GOVERNOR TOMPKINS' AJDVICE TO AN APPLICANT FOR OFFICE.
Albany, Deer. 22, 1810.
D'r Sir: Yours of Wednesday has been received this even-
ing, and I loose no time in answering your enquiries,
I presume the success of every applicant depends in a great
measure on the opinion which the members of the Council have,
of the qualifications and standing in Society of the Candidate.
Lumber merchants are undoubtedly the most capable judges of
the professional qualifications requisite for an Inspector of that
article, and, therefore, their signatures will give the Council the
most correct impression as to qualifications. But the Knowl-
edge of a man's moral and political character and of his repute
in Society is not confined to that class of persons, for which
reason, the recommendation of such other respectable citizens
as may be acquainted with you and whom the members of the
Council may know, will undoubtedly be important. I am unable
to say who will compose the next Council, and of course cannot
inform you whether a long list of subscribers, or only a few
respectable names will have the greatest weight with them.
Your own discretion, therefore, must regulate you as to the
number of signatures to be obtained.
Mr. Nicholas B. Lyon.
GOVERNOR TOMPKINS REQUESTS CONGRESSMAN MUMFORD TO SUPPLY
HIM WITH WASHINGTON NEWS AND GOSSIP.
Albany, Deer. 22, 1810.
D'r Sir: By the last evening's mail I received the documents
which you sent me, for which be pleased to accept my thanks.
Mr. Porter, being a frontier member, I have by the last mail
advised him of my having made a communication to the Secre-
STATE HISTORIAN. 311
tary of State relative to an official and permanent settlement
of our frontier boundary from the St. Regis westwardly,
through the river St. Lawrence and Lakes Erie and Ontario.
The treaty describes that line in such vague terms, as to open
a door for doubts and controversies about the Islands in those
waters, and the limits of Jurisdiction there. The embarrass-
ments which have already presented themselves in the execu-
tion of certain duties and laws, are daily enhanced by the
increasing importance of many of the Islands and of the
adjacent country; should the non-intercourse act go into opera-
tion with respect to Great Britain, the indefiniteness of the
territorial and Jurisdictional limits in that quarter, will perplex
and embarrass the Revenue officers.
Mr. Porter is requested to communicate to the members from
this State, that part of my letter which relates to this subject,
and I have ventured to ask their co-operation in calling the
attention of the national government to that important concern.
It will afford me great pleasure as well as profit to be advised
occasionally of such matters as you may deem of national
Importance or which may affect the interests and politics of
this State in particular, and you will not think me unreason-
able or immodest (for I am not a candidate for anything) when
I intimate, that I am so much of a Yankee, as to be solicitous
of being the first to know who is to be ambassador at one Court
and who at another; who is to be judge here, and who there, &c.
There are always a sufficient number who are qualified in their
own conceit for every station, and I, therefore, presume there
is no dearth of candidates for the favours which are to be dis-
tributed at Washington this winter, but all I want to know as
•early as possible, is, who are appointed.
312 ANNUAL REPORT OF THE
It has been said in the news-papers, and unsaid again, that
the Post Master General was appointed to succeed Judge
Gushing. There are undoubtedly important arrangements upon-,
the tapis at Washington, and we are very curious here to know
the result of them. You must not expect answers to your com-
munications after the " tug of war." commences at Albany.
Please to remember me to your colleague Dr. Mitchell, to
whom and yourself, I wish an agreeable session.
The Honble. G. [Gurdon] S. Mumford.
THE GOVERNOR WRITES TO COLONEtL WILLIAMS THAT HE DREADS A
JOURNEY TO WASHINGTON LAND FOR FORTIFICATIONS ON
STATEiN ISLAND.
Albany,. Deer. 29, 1810.
D'r Sir: I have received your private letter of the 24th. It
is not in my power to say any thing more decisive relative to
the ground on Staten Island untill the Legislature shall con-
vene. There exists in my mind but little doubt, but that they
will empower certain officers to make the transfer upon such.
terms as in their discretion may be deemed proper, and that
under that unlimited and unqualified authority those officers
will assign the property and works to the United States upon
terms of great liberality.
I am now completely poised upon the subject of going to-
Washington. If I go, shall leave this on the 5th of January
and be in New York about the time you will set out, and shall
be happy to accompany you. I dread such a journey, and
nothing but necessity will compel me to take it. It will materi-
ally depend upon the state of the weather and roads, and the
STATE HISTORIAN. 313
situation of my family on the 4th whether I depart or not,
should the Journey be commenced, I shall be constrained to
travel like a post boy to be back in time to meet the Legislature.
Col. Williams.
GOVERNOR TOMPKINS REQUESTS THE OPINION OF CHIEF JUSTICE
KENT IN THE CASE OF JOHNSON, CONVICTED OF MURDER.
Albany, Deer. 29, 1810.
The Governor will thank the Chief Justice for a report with
an opinion thereon, in the case of James Johnson, who was con-
victed of murder at the recent Oyer and Tenniner in New York.
The letter of Johnson's Counsel, which the Chief Justice
anticipated has come to hand, they aver, " it to be an undoubted
fact, that the prisoner was muoh intoxicated at the time of
committing the act, and altho' they could not urge that as a
legal defence, yet they think it diminishes the turpitude of the
crime." This allegation will suggest to the Chief Justice the
propriety of being more minute in that part of the evidence
which relates to intoxication than in the detail of other matters
which transpired upon the trial.
In case it be an undoubted fact that the convict was much intox-
icated, and that the homicide is materially to be ascribed to his
being in that situation, the Chief Justice is requested to say,
how far, and under what circumstances, that excuse will allevi-
ate the turpitude of homicide, or extenuate to the grade of man-
slaughter, an act which would otherwise amount to murder; and
whether intoxication is not to be regarded as an unfortunate
frailty or malady, which furnishes cause for mitigation, in the
dispensation of mercy, if not in the stern and inflexible decisions
of a Judicial Tribunal?
314 ANNUAL REPORT OF THE
" There were also " say the Counsel, " circumstances, which
" the prisoner might have misunderstood, amounting to a
" strong provocation, although they are since so explained, a»
" not to have been so intended. We refer particularly to a sup-
" posed insult offered to his wife, and to his being seized and
" held by one Dimond, in a manner, which as the act was unex-
" plained, he might have supposed hostile.
" We fear the Jury did not sufficiently understand, that a
" provocation arising from mere mistake, as to facts not exist-
" ing, but supposed to exist, may in many cases diminish the
"crime to the grade of manslaughter; we are informed since
"the trial, for the first time, by Dr. Walker, a reputable sur-
" geon, that he examined the wound before the Coroners Jury
" and subsequently, and that the wound was such as could not
"have been expected to kill, and that it was most extraordi-.
" nary that it should have been fatal."
A decision upon that part of the letter which relates to a mis-
apprehension of facts, not existing, but supposed to exist, witt
depend upon the evidence. The law in that respect is so plain,,
and well settled, as to furnish very little aliment for contro-
versy.
The alledged discovery, since the trial, of testimony, which it
is intimated would have been important, may be material or
not, accordingly as the description of the mode of giving the
wound and of its situation, extent, and probable mortality was-
or was not investigated upon the trial. The Chief Justice will,,
therefore, please to detail the evidence heard upon that point
and give his opinion as to what influence the information said
to be derived from Dr. Walker would have had on the trial, or
ought now to have, upon the proceedings.
STATE HISTORIAN. 315
The foregoing quotations comprehend the whole of the letter
which bears upon Johnsons case, and are furnished to the Chief
Justice for the purpose of enabling him to condense his report
and to confine his opinion, if he prefers it, to those points only
upon which the Prisoners Counsel place any reliance.
The Honble Chief Justice Kent.
GOVERNOR TOMPKINS ACQUIESCES IN THE VERDICT IN THE JOHNSON
CASE.
Albany, 8 January, 1811.
Gentlemen: Your letter relative to James Johnson, now
under sentence of death in the city of New York, has been
duly received.
A deliberate consideration of the evidence and proceedings as
reported by the presiding Judge, has terminated in an entire
acquiescence on my part in the verdict; and although the just-
ness of a condemnation by a legal tribunal does not operate an
estoppel to the dispensation of mercy, it nevertheless enjoins
greater circumspection on the Executive, and demands more
decisive circumstances of alleviation than where legal guilt is
equivocal.
Persons in low life and indigent circumstances and more par-
ticularly negroes, who are reared in a state of bondage, are
generally deprived not only of the advantages of education and
intercourse with moral and well informed Society, but are fre-
quently unacquainted with the principles of morality and the
precepts of religion. They are of course little cognizant of the
legal or moral turpitude, and consequences of particular actions,
whilst their temper and passions are unrefined and unman-
ageable; and since the law does recognize and tolerate the
316 ANNUAL REPORT OP THE
passions and frailties of human nature, and permits them to
palliate the turpitude of crimes, it is an indispensible duty, to
extend its benignity most liberally to persons of the above
description. With that impression upon my mind, and with a
confirmed repugnance to the punishment of death, I entered
upon the examination of Johnson's case with the most favor-
able prepossessions.
The first subject to which your letter calls my attention, is
"that the prisoner was much intoxicated at the time of com-
mitting the act, and that altho' you could not urge this as a
legal defence, yet you think it diminishes the turpitude of the
crime."
I will here premise, that the ancient remorseless doctrine,
which denied to an act of homicide committed in the phrenzy of
intoxication, any palliation on that account, is justly discarded,
and principles more consistent with the dictates of humanity and
the infirmities of mankind, are substituted in its stead. So that
now, if drunkenness be not designedly assumed and be so great,
as to deprive the individual of deliberation, or materially to
impair his reason, it ought to be, and will be, regarded by the
Judges as an unhappy infirmity, and may extenuate to the grade
of manslaughter an act which would otherwise amount to mur-
der, and constitutes of course, matter for legal defence as well as
for executive clemency. This doctrine is sanctioned by the
learned Chief Justice in his report, and I doubt not, is acquiesced
in by the other Judges who sat with him at the trial. But when
the effect of intoxication is so inconsiderable as not to obscure
the reason and deliberation of a man, it seems to afford no cause
for legal mitigation and seldom justifies an exercise of the pre-
rogative of mercy.
STATE HISTORIAN.
317
As to the intoxication of Johnson, or the degree of it, there
is no evidence except in the observation of one witness, who
testified, that the prisoner appeared to be in liquor that evening.
The effect was so inconsiderable, however, as to escape the
notice of all the other witnesses, although they had an equal,
if not a better chance of observing the effects of intoxication,
than the woman who made the above remark. The variety of
conversations, diversions, and business in which he partook that
evening, the retention of his agility and strength, and of skill
to manage them, so as twice to overpower Kobinson, who was
confessedly sober and followed a business requiring great
muscular strength, his recollection of the fee for dancing — and
the consciousness and reflection of a sober man, which he mani-
fested by hiding himself behind the door immediately after
Robinson expired, and the total absence of testimony of his
being disguised in liquor when the watch apprehended him, go
strongly to disprove any considerable degree of intoxication.
Upon the whole, there is not only deficiency of affirmative testi-
mony, to establish that he was much intoxicated, but his deport-
ment and agency in all the affairs of the night seem to negative
that fact.
The three other points mentioned in your letter are contained
in the following paragraph " There were circumstances which
the prisoner might have misunderstood as amounting to strong
provocation, altho' they are since so explained as not to have
been so intended. We refer, particularly, to a supposed insult
offered his wife, and to his being seised and held by one Dimond,
in a manner which as the act was unexplained, he might have
supposed hostile. We fear the Jury did not understand that a
provocation arising from mere mistake, as to facts, not existing,
I
318 ANNUAL REPORT OF THE
but supposed to exist, may in many cases diminish the crime
to the grade of manslaughter. We are informed since the
trial for the first time by Dr. Walker, a reputable Surgeon, that
he examined the wound before the Coroner's Jury, and subse-
quently, and that the wound was such as could not have been
expected to kill, and that it was most extraordinary that it
should have been fatal."
I. No supposed offence to Johnson's wife, originating either
with Dimond, or the deceased, can with propriety be admitted
in palliation of the crime, for, if any, it was very trivial and
was not resented or retaliated at the time. It, therefore, con-
stitutes but a feeble pretext for stabbing with a fatal weapon,
and with ferocious cruelty, more especially after other conver-
sation, diversions and business had intervened and called off
his attention from that subject, and had afforded abundant time
and opportunity for passion, if it existed, to subside. So far
from extenuating the subsequent act, I have no hesitation in
saying, that the same act perpetrated in the dancing room,
recently after the alledged insult, with a deadly weapon, not
sought after or provided for the purpose, but already with him
would have been accounted murder; both because of the inade-
quacy of the provocation, the nature of the instrument employed,
and the manner of using it.
II. That the prisoner did not misunderstand the conduct of
Dimond in seizing and holding him, I verily believe. His wrath
was manifestly directed against Kobinson alone. He com-
menced the affray with him — was separated and was engaged
a second time, before Dimond came into the entry. The posi-
tion in which he held the knife, while Dimond was holding him,
and the manner in which he changed it from hand to hand,
STATE HISTORIAN.
319
-evince, that he did not originally procure it to use against him,
but to kill Robinson, as he repeatedly declared, whilst searching
for the ax, and his apparent threat or attempts to cut at
Diamond's arms, were evidently designed, merely to frighten
or drive Dimond from between him and his antagonist, towards
whom he was struggling and accordingly, as soon as that was
effected instead of pursuing Diamond he immediately rushed
upon Kobinson and killed him. It is moreover worthy of
notice, that Johnson's wife also wreaked her vengeance solely
upon Robinson, whom she struck twice upon the head, and
called upon her husband to knock him down with anything he
could get, and at the same time Johnson was searching for his
ax, with the avowed intention of killing Robinson and not
Dimond. After the wound was given, Robinson retired into
the Street by Dimond, and Johnson came out after him with the
knife, and whilst there made no complaint of Dimond, nor did
he manifest any resentment towards him or offer any violence
to him altho' within his reach. There is no doubt, in my mind,
therefore, but that Johnson did not regard Dimond's conduct
any farther hostile than as it was an impediment to his approach-
ing Robinson; and that he viewed Dimond's motives, intent, and
conduct, in their true light, namely as an interference and
resistance to prevent him from getting at Robinson the
undoubted object of his malice. Although, therefore, "the Jury
might not have understood " (which I seriously question) " that
a provocation arising from mere mistake as to facts, not exist-
ing, but supposed to exist, may in many cases diminish the
crime to the grade of manslaughter " still there is no cause for
my intervention, so long as 1 believe, and am convinced, the
Jury believed, that neither a supposed prior insult of his wife,
320 ANNUAL REPORT OF THE
nor a mistake of the conduct or motives of Dimond, instigated
Johnson to the murder.
III. The only point of view in which the information, derived
from Dr. Walker, since the trial, could have been urged in the
prisoner's behalf was to shew that he did not probably intend to
kill Robinson. The evidence upon that point is so full and con-
clusive, even independent of Johnsons own declaration, whilst
searching for the ax, and after he had taken the knife, that he
would kill the deceased, as to preclude a belief, that the opinion
of a Surgeon as to its probable mortality from its appearance,
after death, would have raised the least shadow of doubt, that
the wound inflicted with a carving knife, with great violence,
near the main artery, which it separated, and after positive and
repeated declarations of a design to kill, was intentional of
death.
Your gratuitous and faithful exertions in his behalf, entitle
you to great commendation, and whilst I duly appreciate your
humane motives and services, allow me to request that you
will extend your kindness so much further, as to convey to the
unfortunate man, an intimation of the hopelessness of his con-
dition.
Samuel W. Hopkins & George Griffin, Esquires.
P. S. A copy of the Chief Justices report is annexed.*
THE GOVERNOR DECLINES TO INTERFERE IN THE CASE OF SINCLAIR,
CONDEMNED TO DEATH.
Albany, 9 Jany., 1811.
Honored Sirs: Your representation in behalf of John Sin-
clair, alias Sinkeler, has this day come to hand.
*Not found.
STATE HISTORIAN.
321
My attention has been previously devoted to an examination
both of his trial, and that of the other convict, who is doomed
to die on the same day. The evidence against the former, estab-
lishes beyond a doubt the evidence of his having killed David
Hill. The wife of Hill and another woman who was in the house,
at the time, concur in imputing the act to him. He also
subsequently confessed to the coroner, that he did stab Hill-
expressed his sorrow for it — assigned his reasons for having
done it, and pointed out the knife with which the deed was
perpetrated.
The night before the wound was inflicted the deceased had
treated Sinclair in such a manner, as to excite his resentment,
and he then uttered this threat " You shall pay for this" About
a week previous to the Homicide, in conversing about murder he
remarked " that if he could kill three persons, or be tlie death of
three persons he should ~be easy " and to the subsequent enquiry of
the coroner, for the cause which instigated him to stab the
deceased. After recapitulating Hillsi ill-treatment on Satur-
day, and his having told him on Saturday morning, that
he must go out of the house, Sinclair informed the Coroner
he was mad at the deceased for it. It is moreover tes-
tified that Sinclair was Sober and conversed and behaved
deliberately and rationally on Saturday, before the wound was
inflicted. The prior declaration of revenge — the coolness and
deliberation evinced by -him the morning the act was com-
mitted— the nature of the instrument employed, the secret and
sudden manner in which it was used — the unsuspecting situa-
tion and engagement of the deceased at the time — Sinclair's
immediate flight from the house, and his subsequent relation of
the cause and motive of his conduct, all concur, not only to fix
21
322 AKNUAL REPORT OF THE
the homicide upon him, but also to impose the belief that the act
proceeded from preconceived, and deliberate malice, was
designed to be fatal, and therefore clearly constitutes the crime
of murder.
Age, unless attended with rare imbecility of mind, forms no
excuse or extenuation of a cruel and deliberate act of homicide.
On the contrary, where reason and judgment are not suspended,
the experience, the knowledge of consequences, and the coolness
and gravity of advanced years, renders the outrageous and
malicious use of a deadly weapon, in cool blood, the more
inexcusable.
The only shadow of Justification for an exercise of the pre-
rogative of mercy, in his favor, is furnished by your impression,
of feebleness of mind, or insanity, at the time he committed the
crime, arising from his present apparant want of consciousness
of it, and his steadfast declarations of innocence. The uniform
denial of a fact, so well established may admit of a different
inference than the one you draw from it. Instead of manifest-
ing that his mind was deranged, when he committed the act, may
it not be reasonably suspected that relying upon your benevolent
dispositions — your deserved weight of character, and the impres-
sion which an appeal from you would make in his favor, he has
adopted that course of conduct, in hopes of obtaining your inter-
cession in his behalf? The difficulty of detecting impositions in
that matter, and the powerful motives which a person under
condemnation and judgment of death, has to fabricate and feign
any excuse, or defect, which may contribute to suspend or pre-
vent his impending doom, authorise, without a violation of
charity a jealous construction.
STATE HISTORIAN. 323
The fact of killing having been established before the court,
It was the duty of that tribunal, and I am bound to presume it
did, admit and consider all the testimony that it was adduced
in extenuation of the crime. The opinion of the presiding Judge
as to the guilt and sanity of Sinclair, is contained in his official
report, which for your greater satisfaction is annexed.
An exercise of the power of respite with which the Executive
is endowed does not dispense with, but merely suspends the
Execution of the sentence until the meeting of the Legislature;
and to use the prerogative in a case where there is no reasonable
grounds for, or expectation of, their remitting the punishment,
prolongs the cruelty of suspence, and seems rather an art of
inhumanity than of tenderness to the convict.
I greatly respect, and duly appreciate your humane and
benevolent motives, and question not the sincerity of your
impressions. But altho' as an individual I entertain feelings
of compassicm and forgiveness for the unhappy object of your
application, still my belief that the death of Hill is not hnputable
to such an enfeebled or disordered state of mind in Sinclair, as
to render him unresponsible for the crime, and my impressions
also of deliberate and express malice, impose upon me the pain-
ful official duty of declining to arrest the execution of the judg-
ment of law.
To an assurance of my great respect, and esteem, permit me to
add unfeigned thanks for your pious and devout wishes for my
welfare.
The Eevd. Frederick W. Geissenhainer & The Revd. John
Molther.
324 'ANNUAL REPORT OF THE
AND NOTIFIES JOHN ANTHON TO THAT EFFECT.
Albany, Jan'y 15, 1811.
Dear Sir: Previously to the receipt of your favor of the 7th
instant the case of John Sinclair had been brought before me,
by a joint letter from the Revd. Mr. Geizenhainer and the
Revd. Mr. Molther. After deliberate consideration, I felt it my
duty to decline arresting the execution of the sentence. For
the reasons and motives of that determination I beg leave to
refer you to my answer to their letter, and the report of the
Chief Justice which is annexed thereto.
John Anthon, Esquire.
THE GOVERNOR ASKS JOHN V. HENRY FOR INFORMATION REGARDING
A FEE.
Albany, Jany 15, 1811.
D'r Sir: In a letter which I have lately received [from] Mr.
Cornelius Ray of New York, relative to the settlement of the
Estates of Mrs. Everson & John Ray deceased, it is observed
that he is of opinion a proportion of the fee received for James
Ray, deceased, ought in justice to be refunded, and desires me to
speak to you on that subject.
The circumstance of my having had an agency in introducing
James, and paying the fee, has I presume, induced Mr. Ray to
address me upon the subject; and as I design to answer his let-
ter by the mail of Monday next, you will confer a particular
favor by informing me in the mean time, what answer I may
give concerning an apportionment of the fee.
Jno. V. Henry, Esqr.
STATE HISTORIAN. 325
LEGAL QUESTIONS INVOLVED IN THE SETTLEMENT OF THE ESTATES OF
RAY AND EVERSON.
Albany, Jany 20, 1812 [1811].
Dear Sir: Your letter of the 22d of December has been
received the 10th instant. It was put into the Post office at New
York by Mr. Macomb,who made a memorandum on the envelope,
that he found it at No. 1 Wall Street. This statement will obvi-
ate any censure that would otherwise attach to me for the
apparent delay in attending to its contents.
I have no doubt that one half of the estate of John Ray, and
the one half of that part of Mrs. Evertsons Estate, given by her
will to the children of John Ray, exclusively, and one fourth
part of the residue of Mrs. Evertsons estate now belong to John
Ray, and that he has a right to require of the Executors of both
Estates, an account of the administration of the personal estate,
and payment of the balance belonging to him whenever he thinks
proper, the possession and controul of one undivided half part
of the real estate devised by both wills to the children of John
Ray, has also appertained to John since he come of age.
The only matter which appears to me to require great atten-
tion is the mode of stating and liquidating the accounts. If the
legacies given by both wills vested immediately, the children's
accounts are to be separately stated and adjusted. For example:
John Ray will be credited separately upon the death of his
father, with his third of the nett balance of his fathers personal
estate, and with his third of that part of Mrs. Everson's estate
which was given to John Ray's children upon her death; and
with his third part of one half of the residue of her estate like-
wise at her death, and with the same proportion of the income
of the personal and real estates accrued since. The debtor side
'
326 ANNUAL REPORT OF THE
of his account will contain all the payments, advances and expen-
ditures which have been made for him separately and
exclusively.
Elsie's account will contain the same credits, and will be
debited with the separate and exclusive expenses.
The account of the share of Jame£ Ray deceased, will be stated
in the same manner up to his death, including debts, funeral
expenses, &c. at which time one half the nett balance will be
credited to John's and the other half to Elsie's account.
On the contrary, should the sound construction of the wills be,,
that the legacies did not immediately vest in the children respec-
tively, or if they did vest immediately, are made subject by the
wills, to the maintenance of the children jointly, without regard-
ing the inequality of the expenses and payments for them
respectively, then the accounts will be differently stated viz: —
a general account of the Estates, crediting on one side all that
is received from them, and debiting on the other what is paid
for all the children indiscriminately, and his share of the bal-
ance of that general account when John arrives at age, will be
paid to him. But by that mode of stating the accounts, yon
will see that if one child has been more extravagant, or if the
education and expenses of one have been more than another, the
latter contributes to pay an equal share of the surplus of the
expenses of the former, which is manifestly unjust. Unless,,
therefore, the wording of the wills of Mr. Ray and Mrs. Eversori,.
require the accounts to be jointly stated, the first method above
mentioned, ought, in my opinion, to be adopted. If one will
requires one method, and the other will another method of stat-
ing the accounts of the respective estates, they must be settled
accordingly.
STATE HISTORIAN. 327
This suggestion, as to the mode of accounting, to a gentleman
so much more conversant with the settlement of Estates, and so
much better vested in accounts that I can pretend to be, may
appear to you rather officious and unnecessary. But I trust you
will pardon the intimation, when you are informed that I know
the accounts of several estates have of late years been stated
and closed in the mode last above mentioned; and you must
believe there can exist no other motive for my making the sug-
gestion than to lead to the adjustment of John's account, upon
such principles that should it happen (I hope it will not) that
Elsie should marry under age, to a person disagreeable to you,
or who may be captious or critical in the closing of her account,
there may be no advantage taken of you or your children, and
no necessity to incur the trouble and expence of any chancery or
other suits.
Although the inclination of my opinion is that the method of
stating the accounts separately, is the one required by the terms
of the different wills, yet I think that your own safety and the
care and trouble you have taken in the business, as well as the
risk you may run in paying to John or to cither of your own
children, the balance of the accounts stated upon an erroneous
principle, will not only justif}', but require the taking the written
opinion of good counsel upon that point at the expense of the
Estates. When I speak of paying one of your own children a
wrong balance, you must not suppose that I apprehend any diffi-
culty would happen during your life; but in case of your death,
leaving minors, the Guardians of those minors would be bound,
as a matter of duty, to call me into Chancery as surviving execu-
tor, if the account of one child had [been] previously adjusted
328 ANNUAL REPORT OF THE
and paid to the prejudice of the minors, with ever so good
motives, and that would not only subject me to unnecessary
trouble, but put the estate to expense which it would be well to
avoid by adopting the true principle now.
I have broken the ice with Mr. Henry as to the fee paid for
James Ray. His answer to my letter on that subject is enclosed.
The principles of apportionment which he requests you to point
out, in case your opinion be not changed by the reasons he
assigns, are to be met with in the authorities cited below, which
any gentleman of the law will furnish to you and which you will
perfectly understand, without the assistance of a Lawyer, and
can frame your letter accordingly. Besides; common sense will
enable you to decide upon the question and alledged reasons
without adverting to any law or decisions of courts upon the
subject. As I have not entered into any discussion or argument
with Mr. Henry upon this subject, I wish that your letter in
answer to the enclosed may be addressed immediately to him.
THE GOVERNOR TO JOHN MURRAY ANENT THE JOHNS/ON MURDER CASE.
Albany, Jany. 21, 1811.
Respected Sir: Chief Justice Kent has this day enclosed to
me your letters. He had previously reported the facts in both
cases and expressed the opinion of the court upon them, which
was, that Johnson and Sinclair were both properly convicted of
murder. It was of course unnecessary for him to accompany
your letters with any opinion unless his mind had changed since
he made the official report, and I presume from his silence on
this occasion, no such change has taken place.
STATE HISTORIAN. :iiM.)
Although your letters are not directed to me, I dreni it a duly
in consequence of their having been laid before me to answer
them.
A conviction before a Court, consisting of able Judges, and by
a respectable Jury, with which conviction Court and Jury con-
tinue, upon reflection, to be perfectly satisfied, ought not to be
readily arrested.
But I must confess, that my own opinion coincides with theirs,
*
after a very deliberate examination of the cases as reported to
me. Altho' I am individually willing to abolish the punishment
of Death, yet as the law inflicts that punishment for the crime of
murder, and as the constitution makes it the Sworn duty of the
Governor to see that the laws are executed, I cannot, in a case,
which in opinion of the Court and Jury, and in my own opinion
amounts to that crime, dispense with the execution of the law,
withput censurable weakness and a violation of my official duty.
John Murray, Junior.
330 ANNUAL REPORT OF THE
THE GOVERNOR ADDRESSES THEI LEGISLATURE1 ON THE EVENTS OF
THE DAY.
Gentlemen of the Senate and of the Assembly,
In addressing you for the first time, since my re-election to
the executive department, permit me to express my gratitude
for the recent proof of confidence which has been manifested
towards me, and to renew the assurance, that my best efforts
shall be devoted to a faithful discharge of the important trust.
It would have afforded me sincere gratification to have been
enabled to announce to you, on this occasion, such a favorable
change in our foreign relations, as the justice of our claims and
the impartial and pacific attitude we have uniformly maintained,
authorised us to anticipate.
Pursuant to the powers vested by law in the president of the
United States, he has notified, by proclamation, the revocation
of the French decrees violating our neutral commerce. This
auspicious and important event, has not, however, been accom-
panied by the restoration of the American property which had
been previously seized and confiscated in the ports of France,
and in those under her control.
The British orders in council, which had for their basis the
obnoxious decrees of Berlin and Milan, and which purported to
be merely retaliatory, have not yet been annulled, notwithstand-
ing the solemn official assurance that they would be abandoned
whenever France retracted her decrees. Instead of giving us a
friendly intimation that this assurance would be executed with
good faith, the British Secretary, in his correspondence of
August last, with our minister, has superadded the additional
preliminary of the restoration of neutral commerce to the condi-
tion in which it stood at the promulgation of the French decrees.
STATE HISTORIAN. 331
The interposition of this vague and impracticable condition, and
the unsatisfactory import of the correspondence of that govern-
ment generally, preclude the hope of our obtaining a relinquish-
ment of the British orders upon any acceptable or honorable
terms. We have also little reason to expect any adequate atone-
ment for the insults and injuries received from that quarter.
The correspondence which has taken place during the last year
with both governments; has been, laid before the public, and
amply refutes the illiberal imputation of partiality in the admin-
istration towards either of the belligerents. We have always
Jiad the best reasons for reposing the utmost confidence in the
wisdom and virtue of our national administration : and I cannot
.hesitate to believe that every American, who has not trans-
ferred his affections to a foreign government, will feel the same
patriotic sentiment, after a candid and impartial examination of
that correspondence; and when he reflects that the departure of
both belligerents from all the maxims of national law has been
.so palpable and uniform, that they themselves have ceased to
attempt a justification by those maxims, but resort to trite and
fallacious subterfuges to extenuate their atrocities, he will not
find it possible to reconcile himself to a justification of their
.accumulated insults and injuries; nor will his judgment, his feel-
ings or his duty permit him to clamour against the measures,
or to violate the laws of his own government. What course will
l)e deemed by our national rulers* the most expedient for the
present emergency. I shall not venture to predict; but whether
the prohibition of intercourse, or measures of a more energetic
complexion be adopted, I trust every good citizen will reflect
that patriotism, morality, and the precepts of religion enjoin on
him obedience and support.
332 ,ANNUAL REPORT OF THE
The precarious situation of foreign commerce, and a retrospec-
tive view of the multiplied violations of our sovereignty and
neutral rights, render the astonishing progress which has been
made in the improvement and extension of domestic manufac-
tures, a source of lively satisfaction. A beneficent providence
has endowed our country with an abundant supply of raw mate-
rials of every description, and our citizens are eminently distin-
guished for persevering industry and for great ingenuity in all
mechanical arts. The returns of the census recently taken prove
not only the unexampled increase of population in the United
States, but furnish also evidence of the flourishing condition of
our manufactures. Let us extend to them the utmost encour-
agement and protection which our finances will admit, and we
shall soon convince the belligerents of Europe, to whom we have
been extensive and profitable customers, that their mad and
unjust policy towards us, will ultimately recoil upon themselves,
by giving to our industry, our resources and our policy, a new
direction calculated to render us really independent.
In recurring to the local events which have intervened since
the last session of the legislature, I notice with much sorrow,
the death of the late lieutenant governor of this state. That
distinguished patriot and citizen departed this life soon after
he had experienced a flattering testimony of the continued con-
fidence and affection of his fellow citizens. It is not for me
here to detail the history of his long and useful life, or to pro-
nounce his eulogy. But I owe it to private friendship and to the
intimacy of our official relations, to say, that my late venerable
associate, rendered to his country eminent services in the great
variety of public stations in which he was called; and what
sheds still brighter lustre on his memory, he merited and
STATE HISTORIAN. :\:\:\
attained the rare felicity of being universally respected and
esteemed in private life, for benevolence integrity and exemplary
piety. Whether that part of the constitution which guards
against a vacancy in the executive chair, does not point out the
expediency and necessity of legislative provision for the choice
of a successor in cases like the present at the succeeding anni-
versary election, is submitted to your wisdom.
In the last public communication which I had the honor of
making to the legislature, the propriety of adopting preparatory
arrangements, for a revision ^)f the statutes of this state; was
suggested for their consideration. You must indulge me in
again inviting your attention to that subject. A hope that you
will concur with me in the expediency of a revision of the laws,
has induced me to dispense with proposing sundry needful
alterations in particular statutes.
An account of the proceedings which have taken place in the
erection of frontier arsenals, the purchase of small arms, ord-
nance and ammunition, the erection of fortifications, and the
expenditure of several specific appropriations, is reserved for
the subject of a special communication.
I am informed that the report, of the commissioners appointed
to explore the westerly parts of this state, with a view to ascer-
tain the practicability and probable expense of canal communi-
cation between the waters of the Hudson and Lake Erie, will
shortly be presented to* you. The importance of that subject
highly merits, and I doubt not will receive your early and serious
attention.
The mode of applying the fund set apart for the encourage-
ment of common schools, and the means of adding to the liberal
patronage which has been already extended for the promotion
I
334 ANNUAL REPORT OF THE
of learning and the consequent advancement of the cause of
morality and religion, will form part of the interesting matters
which ought to attract your notice.
Gentlemen, Notwithstanding the difficulties we have encoun-
tered, and the losses we have experienced during the sanguinary
and desolating wars of the old world, yet we have reason to*
rejoice that we are this day a prosperous and happy people.
With a firm reliance upon that Providence which has conducted
us to liberty and to independence, let us rise above all improper
considerations, and devote ourselves with one heart and one
mind to the important duties before us. May all our delibera-
tions be conducted with harmony and wisdom; and may they
terminate in the advancement of the public welfare.
Albany, January 29, 1811.
THE GOVERNOR TO MORGAN LEWIS IN RELATION TO LANDS FOR
FORTIFICATIONS AND THE AGITATION TO MOVEI THE WEST POINT
ACADEMY.
Albany, 26 Feby., 1811.
Sir: In answer to your note of last evening, I beg leave to
observe, that the Statutes to which you allude, do relate to a
part of the lands contemplated in my communication to the
Senate, of the llth instant. At the time the law of 20th March
1807 was enacted, the State owned about 25 acres at Bluff Point,
which by the last section of that act, were granted to the United
States. The authority of the Commissioners created by that
act, extended to a cession of Jurisdiction only, and not to the
conveyance of title. By a supplementary law, passed 18th
March 1808, the authority was enlarged as to Jurisdiction, and
STATE HISTORIAN. 335
they were also empowered to grant the title of certain lands
under water, &c. but the authority there conferred, does not
extend to lands on Staten Island. The title of the 25 acres
granted by the last section of the act of 1808 has never been
accepted by the United States, nor has the cession of the Juris-
diction thereof been required of the Commissioners; in conse-
quence of which the Legislature resumed the controul of the
before mentioned twenty five acres, with the knowledge and
approbation of the President and Secretary of War, have sub-
sequently directed the purchase of an additional twenty five
acres (Vid. Pub. laws 1809 page 18) and the sum of Eighty thou-
sand dollars has been expended in fortifications thereon. Even
admitting that the Commissioners created by the acts of 1807,
and 1808, ever had the power to cede the title of lands on Staten
Island, the above circumstances and proceedings would amount
to a virtual revocation of such power, and it might also be
questioned whether the power there given will extend to lands
purchased subsequently thereto. My own opinion is that those
Commissioners never had the power to grant the title of any
lands whatever on Staten Island.
The answer of the Commissioners to the recent application of
Col. Williams together, with all the correspondence on the sub-
ject will be handed to you with this letter; they were handed
to Genl. Wilkin on the same morning the message was sent,
with a request that he would hand them to the person who
might be appointed chairman of the committee, but the request
escaped his memory.
Col. Williams has for some time past, entertained a decided
opinion, that the military Academy of the United States ought
to be, and would probably be removed from West Point, and
336 ANNUAL REPORT OP THE
that Staten Island is the most eligible scite for that Institution;
by which arrangement we should not only retain the advan-
tages of that Seminary within our State, but the Institution
there, would accommodate the Navy as well as the Army. The
Bill for the establishment and endowment of the Academy has
passed the Senate of the U. S. leaving the site discretionary
with the President, and Col. Williams is of opinion, as you will
observe by his letters, that unless some measures are taken by
the Legislature of this State, to empower persons 'to negotiate
the terms of a transfer as well in the recess of the Legislature
as at other times, in case the President shall deem Staten
Island a suitable place for the Academy, it will be wholly with-
drawn from this State, and permanently established and
endowed at the City of Washington, or at Carlisle in Pennsyl-
vania. The propriety of complying with his request, induced
me to make the Communication to the Senate on the llth
Instant.
Should there be any other information or papers which are
in my power requested by the committee, it will afford me great
pleasure to convey them to you.
The Honb. Morgan Lewis.
THE GOVERNOR TO COLONEL JOHNSON ON THE LIABILITY OF JUDGES
O'F THE COURT OF COMMON PLEAS TO PERFORM MILITARY DUTY.
Albany, March 9, 1811.
D'r Sir: I have been desired to communicate to you my
opinion relative to the liability of the Judges of the Court of
Common Pleas to perform military duty.
The XIII Section of the law passed 29th March 1809, exempts
all Judicial officers. The II section of the amendatory law
STATE HISTORIAN. 337
passed 2d April 1810, subjects Justices of the Peace, not other-
wise exempted, to militia duty. Of course all other Judi<-i<il
officers than Justices of the Peace, remain exempted by the
first section above mentioned. It cannot be questioned that
the office of a Judge of the Court of Common Pleas is a Judir'ml
one-, nor is that office by any means embraced by the term
"justices of the Peace''1 The latter are never named in the
Oounty Court commission, have no jurisdiction in matters apper-
taining to that Court, nor have they any right or authority to
sit there. The judges and Assistant Justices derive their author-
ity, as such, from a separate and distinct commission from
that of the peace, by which commission they are distinguished
by a different name and endowed with other Judicial powers
and subjected to other judicial duties than those which apper-
tain to mere justices of the peace, and are therefore in my
opinion expressly exempted by the 13th section of the law
passed 29th March 1809.
Lt. Col. Jeremiah Johnson.
THB GOVERNOR AND THE OASE OF CAPTAIN FEILT.
Albany, March 27, 1811.
D'r Sir: Your returns for promotion has been passed by the
Council, with the exception of the appointment of Capt. Felt,
who was removed last, year. The omission to appoint him did
not proceed from want of confidence in your representations,
but as he did not appear to know, on what grounds he had been
removed, we thought it best to inform him by sending copies
of the petitions against him, to the end that he might obviate
the representations contained in them by the summer session
22
I
338 ANNUAL REPORT OF THE
of the Council, at which time he will be restored with his former
rank, if it shall appear proper.
These petitions were presented last year, and I objected to
the Councils acting upon them, when the petitioners had a legal
and proper remedy by Court of Inquiry or Court Martial, if
Captain Felt has conducted in a disgraceful or degrading man-
ner. But as in other cases, my advice was little attended tor
and without any notice to Captain Felt of the cause of his
intended removal, the petitions were given to the Adjutant
General, who, as appears by an indorsement in his hand writing,,
referred the petition to the members from the County, or one
of them, and he has endorsed "referred to the members; they
recommend this removal " and accordingly he was removed,,
without hearing, or notice of any complaint. Many of the
names to the petition are in one hand writing, and some of them
so obscurely written, that my Secretary may have copied them
erroneously. I will thank you to give the copies to Capt. Felt,
and he will be able from them to ascertain what part Mr. Buck-
ley has acted in the business; and will also be enabled to for-
ward such information upon the subject, as may justify the
Council in restoring him.
Permit me to mention here a subject which I should have
explained, had I seen you in Albany. You addressed a note to
me apologizing for your not being prepared to make your mili-
tary returns, and at the conclusion, in a few words, suggested
the propriety of postponing the appointment of Sheriff for a
short time. These words in the hurry of reading and filing
my papers at that period of the session, escaped my observa-
tion, as I supposed the whole letter to be on military subjects,
and I did not observe them until after the appointment was-
STATE HISTORIAN. 339»
made. For which reason, your letter was not. communicated to-
the Council, or the concluding request, made known to them in
season, as it otherwise would have been.
Genl. King.
THE GOVERNOR'S MOCK THREAT TO GENERAL BROWN.
Albany, April 8, 1811.
D'r Sir: I do not recollect which of Messrs. Eselstyne's you
mentioned to me as a suitable person for Surveyor at Cape Vin-
cents, on Lake Ontario. But I have concluded with the appro-
bation of Messrs. Hinds and Hunter to recommend Mr. John B.
Eselstyne for that appointment, if he will accept it. Not know-
ing his address, I take the liberty of requesting that you will
ascertain and inform me by the earliest conveyance whether he-
will accept the appointment or not. The salary is $150 per
annum, with the usual fees and commissions in addition thereto.
Please to recollect the promise you made me about Jefferson
county. I shall feel disposed to degrade you to the rank of
Lieutenant Colonel from that of General, unless the result bo-
conformable to the expectations you have excited.
Genl. Jacob Brown.
THE GOVERNOR TO NEGOTIATE WITH THE SEN EH 'A INDIANS FOR THE1
PURCHASE OP ISLANDS WITHIN THE STATE IN NIAGARA RIVER.
Albany, April 11, 1811.
Sir: By an act passed the last session of the Legislature of
this State, I have been authorized to make such contract as I
shall judge proper, with the Seneca Indians or their agents, for
the purchase of the Islands within this State situate in Niagara.
River, between Lake Erie and the falls.
340 ANNUAL REPORT OF THE
The claim of Sir John Johnson to Grand Isle I have hereto-
fore mentioned to you. One other circumstance deserves to be
mentioned. The Treaty between this Country and Great Britain
establishes the territorial line to be along the middle of the
water communication between Lakes 'Ontario and Erie.
Whether these words establish as the limit of Jurisdiction, the
channel of the Niagara Kiver or a line equidistant at all places
from the two shores, may become a question of litigation or for
negotiation between the two governments. It will, therefore,
be necessary to provide in any treaty to be made, that upon a
final settlement or demarkation of that line, by commissioners
or otherwise, the Islands to be purchased, or any part of them,
shall fall within British Jurisdiction our payments shall cease,
and the treaty from thenceforth be void.
Perhaps I may attend personally to this business in the latter
part of June next, at such place as may be agreed upon. I will,
therefore, thank you to inform me, whether Buffalo, Batavia,
Genesee, Canandaigua, or Geneva will be most agreeable to the
Seneca Indians, as the place of meeting, and whether the last
of June, or beginning of July will be a convenient time for such
meeting? I should prefer Buifaloe as the place of treaty, if it
be equally convenient for them.
Jasper Parish, Esqr.
THE GOVERNOR FORWARDS TEN DOLLARS TO MR. SAILLY AS FINAL
PAYMENT ON THE PLATTSBURGH BARRACKS.
Albany, April 15, 1811.
D'r Sir: Your letter of the 20th Feby, with the vouchers for
expenditures in erecting an Arsenal at Plattsburgh were duly
received. The Balance of $9.36 due to you, will together with
STATE HISTORIAN. :',ll
the postage of this Letter, which I intend you shall pay, amount
to ten dollars, and therefore the enclosed Ten dollar bill, will
balance the account.
Mr. Dnirand mentioned in his letter, that he paid six dollars
for expresses when the militia detachment was ordered out, and
that he furnished Mr. Rodman with the account and vouchers
therefor, upwards of two years since. Upon my application he
has searched for and found the papers. I will thank Mr. Durand
to send me by mail, a receipt for the enclosed six dollars, specify-
ing that he has received that amount of me for so much paid by
him to Mr. Platt and Mr. George for warning the detachment of
militia ordered into service on Lake Champlain in 1808.
Apropos, when I left Plattsburgh, there was an unsettled item
for a waggon, which had been provided for me, and which item
you insisted upon settling and agreed to charge it to me. As I
do not see any charge therefor in our cash account, I take the
liberty of reminding you of it.
A new district has been established at Oswegatchie, and the
President is authorised to establish a port, with a Surveyor to
attend it, further down the River towards St. Regis. It is pos-
sible my opinion may be asked by the Secretary of the Treasury
as to the proper point for such port, and I shall therefore be
greatly oblieged, by receiving information and advice on the
subject from you.
Please to present my sentiments of great respect and esteem
to Mrs. Sailley, and the rest of your amiable family, not forget-
ting my friend Capt. Frederick.
The Honble. Peter Sailley.
'342 ANNUAL REPORT OP THE
'THE GOVERNOR SUGGESTS THE NAME OF A POSTMASTER AT MAYFIEOLD.
Albany, April 16, 1811.
Sir: Understanding that there is a propriety and indeed a
necessity, for establishing a Post office at the village of May-
field, in Chautauqua, at the head of Chautauqua Lake, it is
probable the expense of carrying the mail from the present Post
Hoad to Mayville, (about seven miles) will be very inconsider-
.able, and when the great Road leading from Hudson's River to
Presque Isle, is completed or opened, which road is now opened
to Angelica in Allegany county, Mayville will undoubtedly be
the position for a Post office. Should you assent to the estab-
lishment of a Post office there, I beg leave to mention Casper
Rouse, Esquire, of that village, as a very proper person, both in
point of integrity and other qualifications to be Post Master.
He is liberally educated, and pursues the profession of an Attor-
ney in the village of Mayville.
The Honble. Gideon Granger.
THE GOVERNOR ASKS THE ATTORNEY GEiNEiRAL FOR AN OPINION ON
AN INDIAN MATTER.
Albany, April 17, 1811.
D'r Sir: Enclosed you will receive an extract from a law
passed March 29, 1811, entitled "An act for the benefit of the
Onondaga tribe of Indians, and for other purposes " and a copy
of the entry on Record of the treaty or grant by the Oneida
Indians to the New England Indians of the lands which the
Brothertown and New Stockbridge Indians now occupy.
I will thank you for an official opinion whether upon the con-
struction of the Indian grant, the New-Stockbridge and Brother-
STATE HISTORIAN. 343
town Indians have the right with Legislative sanction, to alien-
ate those lands to the State, although not to individuals, or
whether the cession merely grants a right of occupancy, with a
reversion to the Oneida Indians whenever the grantees shall
remove, or cease to possess the lands described in the treaty or
grant?
The performance of the duties contemplated by the within sec-
tion of the law, above mentioned, makes it necessary that I
should be possessed of the accurate legal operation of the
present title before I enter upon my negotiation about it with
the Oneidas.
Please to present Mrs. Tompkin's and my respects to Mrs-.
Hildreth, and accept my sincere wishes for a restoration of your
health,
Matthias B. Hildreth, Esqr. Attorney General, &c.
Documents enclosed in the preceding Letter.
Copy. " By Guy Johnson Esquire, Superintendent of Indian affairs for the Northern
Department of North America, &c. &c.
Whereas, the Indians of Mohegan, Narragansett, Montock, Pequots of Groton, and
of Stonington, Nahantic, Farmington, inhabiting within the New-England Govern-
ments, did last year represent, that they were very much streightened and1 reduced
to such small pittances of land, that they could no longer remain there, and did
through the channel of Sir William Johnson, Bart., late Superintendent, apply to the
Six Nations for some land to live on, which was at length agreed to in my presence,
at the last treaty, and a tract allowed them by the Oneidas, And, Whereas, some of
them have since, in company with the Oneida chiefs, viewed the land and determined
on its boundary, as follows: desiring a certificate of the same, and that it might be
•entered on the record of foreign affairs, vizt:
Beginning at the west end of the Scaw-ia-dairs, or the long Lake, which is at the
head of one of the branches of Orisca creek, from thence about twelve miles northerly,
or so far, that an east course, from a certain point in the first mentioned course shall
intersect the road or pathway leading from Old Oneida to the German Flatts, where
the said path crosses Scahindoa creek, running into the Oneida Lake, then the same
course continued to the line, settled as the limits, between the province of New York
and the Indians at the treaty of Fort Stanwix, in 1768, thence southerly along the
said line about thirteen miles, or so far that a westerly line from thence, keeping
one line south of the most southerly bend of Orisca creek, shall reach the place of
beginning, so as to comprehend the lake first mentioned. I do therefore, in com-
pliance with the joint request of the said Oneidas, and the said New England Indians,
declare, that the said Oneidas do grant to the said New England Indians, and their
posterity forever, without power of alienation to any subject the afore described tract,
with its appurtenances, in the amplest manner. Also full liberty of hunting all sorts
of game throughout the whole country of Oneidas, beaver hunting only excepted, with
344 ANNUAL REPORT OF THE
this particular clause or reservation, that the Fame shall not be possessed by any
person deemed of the said tribes, who are descended from or intermixed with negroes,
or mullatoes.
Given under my hand and seal at arms, Guy Park, October 4, 1774.
(signed) Guy Johnson. [Seal.]
We the Chiefs in testimony of the foregoing affix the character of our tribes, unto
the day & year above mentioned.
The mark X of Cenghish — the mark of X Ugh myonge.
Turtle Wolf
The mark of X Canadegoras
Bear
Received the 4th of February 1785 and here recorded— Test.
(signed) Geo. Willis, Secry.
A True copy from the public Records of the State of Connecticut, (Examined the 17th.
day of September, 1794).
By (signed) G. Willis, Secy.
Extract from An Act entitled "An Act for the Benefit of the Onondaga tribe of
Indians and for other purposes, pased March 29, 1811:
"WHEREAS a claim is set up by the Oneida Nation of Indians, to the lands occu-
pied by the Brothertown and Stockbridge Indians, And whereas several tracts of land
occupied by the Brothertown and Stockbridge Indians have been sold ia fee simple,
under the authority of the State. And whereas the said claim is likely to create con-
troversies and disputes between the said Indians, and will materially affect the Inter-
ests of the State. THEREFORE
Sec. 4. BE IT FURTHER ENACTED That the person administering the Government
of this State, be and he is hereby authorized, to cause the said claim of the Oneida
Indians to be investigated, and in case the said Oneida nation of Indians shall appear
to have any just, legal, or equitable claim to the lands occupied by the said Brother-
town and Stockbridge Indians, to cause the said claim to be purchased, or otherwise
extinguished, and that the Treasurer, on the warrant of the Comptroller, pay to the
order of the person administering the government of this State, the expenses and con-
sideration money of such investigation & purchase.
THE GOVERNOR'S EXPLANATION OF THE FRICTION BETWEEN HIMSELF
AND THE COUNCIL OF APPOINTMENT.
I certify, that on the 5th day of April 1810, three members
of the then Council of Appointment (Messrs. Hall, Paris and
Williams,) assumed the power of directing a meeting of the
Council of Appointment, at such time and place, as they thought
proper, without my consent and against my wish; and with my
express and positive dissent, made an entry in the Council
books, directing a meeting of the Council to be held at the
Capitol in the City of Albany, on Tuesday the third day of
July then next, at 11 o'clock in the forenoon, which entry was
subscribed by the three members above named only. On the
STATE HISTORIAN. 345
above occasion, (as well as on a former occasion) the members
were notified, that the power exercised by them appertained to
the Executive, and had always been claimed and exercised by
him accordingly. I refused to abandon the right of summoning
and convening the Council, at such times and places as I deemed
necessary, and proper, and protested against their proceeding
above mentioned, and gave them an express assurance and
notice, that if it should so happen that the Executive functions
should be exercised by me on the third day of July then next
I should not meet them or in any way sanction or acquiesce in
their attempt to controul the Executive authority by the afore-
said proceeding.
In addition to that assurance and notice, as soon as I was
officially notified of a reelection, a communication in writing, of
which the annexed is a copy* was transmitted to each member
of the Council, but the copy for Genl. Hall was not received by
him, as I am informed, before he had left home.
General Hall called upon me in Albany on the second day of
July, and was again informed that I adhered to my former
determination, and should not meet the Council the next day.
No meeting of the Council was, therefore, attended by me or
held on the third day of July last, or at any other time during
the continuance of General Hall in Albany.
THE GOVERNOR'S OPINION ON INDISCRIMINATE BOOKMAKING.
Albany, 19 April, 1811.
Sir: Yours of the 16 ulto. came to hand at a season, when
the whole of my time was necessarily devoted to public duties,
which must plead my apology for the delay in answering it.
* See communication of June 14, 1810, page 286.
'
346 ANNUAL REPORT OF THE
As I have not the pleasure of being acquainted with you, or
with the merits or usefulness of the book which you design to
publish, I cannot with propriety give a positive answer to your
request, until I may be favored with a perusal of the perform-
ance, or be furnished with satisfactory evidence of its probable
importance or usefulness.
Whilst on the one hand, I am disposed to encourage the pub-
lication of interesting works, and to patronize as far as my lim-
ited capacity extends, the efforts of learning, experience and
genius, I am equally averse, on the other, to promote that sys-
tem of bookmaking, without regard to the merits of the work,
or its utility to community which has of late become so univer-
sal as to become a public grievance.
You will not, therefore, I hope, be surprised or displeased at
declining to approve of the dedication you propose (until I may
be favored with a perusal, or with some other evidence of the
probable public utility of the production).
Mr. John Stewart.
THE GOVERNOR RECOMMENDS TO MR. SECRETARY GALLAT1N JOHN B.
ESELSTYNE FOR SURVEYOR AT CAPE VINCENT.
New York, 14 May, 1811.
Sir: Upon enquiry, I find that John B. Eselstyne, residing
at or near Cape St. Vincent, on Lake Ontario, is a suitable and
proper character for Surveyor at that place, and I recommend
him accordingly. He resides in the town of Brownville, Jeffer-
son County.
I am not sufficiently acquainted with the district of country ,.
on the St. Lawrence, to determine which will be the most proper
place between Ogdensburgh and St. Kegis, for a Port. My
STATE HISTORIAN. 347
friends, who have been consulted on the subject, seem equally
at a loss. If no public inconvenience will result from a little
delay in that business, experience will enable Mr. Richards and
Mr. Sailley, in a short time, to point out the most important
place.
The Honbl. Albert Gallatiu.
THE GOVERNOR TO SECRETARY OF WAR EUST1S CEDING LAND ON
STATEJN ISLAND TO THE GOVERNMENT FOR FORTIFICATIONS.
Albany, 16 August, 1811.
Sir: During the last session of the Legislature of this State,,
an act was passed, authorizing certain officers to cede the pub-
lic land and fortifications on Staten Island to the United States,
This authority was given in consequence of a Bill, then depend-
ing before Congress, for the removal of the Military Academy
from its present situation, and under the hope that in the event
of fixing a different site in the bill or of leaving the selection
of it to the discretion of the President, Staten Island might
be deemed the most suitable place.
Although the bill did not succeed, it is probable the subject
will be revived at the approaching session of Congress, for
which reason, I take the liberty of transmitting to you, a copy
of our law and beg leave to observe, that should you desire
any further information, previously to the commencement of t he-
Session, relative to the terms of the transfer &c. I will with
pleasure convene the commissioners, ascertain their sentiments,
and communicate the result to you.
The Honbl. Wm. Eustis.
348 ANNUAL REPORT OF THE
BRIGADIER GENERAL PAUL TODD MADE A MAJOR GENERAL.
Albany, April 22, 1811.
Sir: You will perceive by the enclosed general order that I
have been making you a major general without your knowledge
or solicitation. There will be in the brigade of Genl. Swits as
now established two brigade majors and one brigade quarter-
master.
As the rank of the brigade inspector and that of aid to a
major general is the same, I have to request that you will
appoint one of the brigade inspectors (Major Williams and
Major Holland of Schenectady) your aid and return him accord-
ingly to be commissioned on the first Tuesday in June and direct
the other to perform the duties of brigade inspector in Col.
Swits's brigade.
Genl. Paul Todd.
THE GOVERNOR WRITES TO MR. SECRETARY MONROE IN BEHALF OP
CLARK, PRISONER ON A BRITISH SHIP.
New York, June 1, 1811.
Sir: Arminius Clark, an American citizen, who has been a
long time prisoner at Plymouth, England has written to his
parents in this country praying them to take measures to obtain
his release. At the request of his father, I take the liberty of
apprising you of the situation of Clark and of requesting you
to have the goodness to take such measures as you may deem
proper in order to have him liberated. Clark it is said had
been a prisoner a long time in France, and finding no opper-
tunity of returning to his country, embarked by the advice of
our Consul at Bayonne on board a French ship for the Isle of
France, which ship was taken by the English. He, with the
STATE HISTORIAN. 349
rest of the crew, were taken to Plymouth where he has remained
ever since, a prisoner on board the Prison-ship St. Nicholas.
I am persuaded that the bare mention of Clark's situation is
sufficient to insure your kind exertions in his behalf.
The Honbl. James Monroe.
THE GOVERNOR TO JOHN VAN NESS YATES RESIGNATION OF A PUBLIC
OFFICER.
New York, June 26, 1811.
Sir: The letter of Judge Moore, Justice Wands and yourself,
and also the communication to which that letter relates signed
by the Mayor, yourself and others, have been duly received.
Upon reflection it will probably occur to you that both of those
papers were unnecessary. No officer can divest himself when he
pleases, of the duties to which his station subjects him; nor
can the Governor alone accept the resignation of or release a
civil officer from the obligation which his office imposes upon
him. A resignation is addressed to the Governor as President
of the Council to be laid before them for their acceptance; &
untill the officer wishing to resign is advised of the acceptance
by the council of such resignation his acts are as legal & his
duties as perfect and incumbent on him as they were before
the filing of the resignation with the Governor. The Resigna-
tion which Judge Ten Eyck transmitted to me was, as he knew,
after the adjournment of the council and after it had become
impracticable to accept it or to fill the vacancy untill the council
was again convened. He was, therefore, as much bound to
attend the court of the 18th instant as if he had not conveyed
to me a resignation; and he is still in my opinion bound to act
untill it is accepted and an entry thereof made upon the minutes
350 ANNUAL REPORT OF THE
of the council. But even supposing the matter to be otherwise
and the power of accepting or declining to accept the resigna-
tion of a civil officer to be vested in the Governor, alone, yet
jou must be sensible that I could not regard the request by
third persons, to withhold the resignation of a first judge, which
request it does not appear that he signed or otherwise assented
to in writing, as sufficient to control the anterior written and
solemn acts of the party himself. In this view of the subject
it will occur to you that the resignation having been received
and filed with the papers to be laid before the Council ought
to be and must be laid before them accordingly notwithstanding
any communications I may have received upon the subject.
If to escape a disagreeable duty an officer could transmit his
resignation to the Governor, and thereby excuse himself from
some highly responsible or disagreeable duty of his office, and
thereby impose it on others ; and could then withdraw the resig-
nation at his own pleasure, the consequence might be very
injurious to his brother officers and to the publick.
It appears to me that a resignation duly signed and delivered
to the Governor for the purpose of being laid before the council
is irrevocable by any one without the assent and approbation
of the council of appointment, for whose acceptance it is
ontended, and by that rule I shall govern my conduct in this
case.
Jno. V. N. Yates, Esquire.
THE! GOVERNOR AND THE COMMISSION TO LAY OUT THE BLAOK RIVER
AND SACKET HARBOR TURNPIKE ROADS.
New York, June 27, 1811.
D Sir: Sometime in May last I received a recommendation
for the appointment of the within named commissioners and
STATE HISTORIAN.
351
soon after received a communication begging me to be carefull
about the appointment and desiring me to appoint men who in
laying out the roads would not be influenced by certain large
land holders and land agents who, it was perhaps supposed,
had selfish and sinister views to gratify in laying out the same.
Not being acquainted personally with any of the three gentle-
men, except yourself I take the liberty of enclosing the appoint-
ment to you with an intimation of the interest and anxiety which
has been manifested by the inhabitants in that quarter of the
country about the commissioners, that they may be the more
cautious and circumspect about committing themselves hastily
as to any part of the duties incumbent on them.
By the mail which conveys this, I have notified Ethel Bron-
son, Esqr. of Rutland, Jefferson County, and Joseph Clark,
Esqr. of Watertown in the same county, that the commission
has been inclosed to you.
Charles C. Broadhead, Esq.
New York, June 27, 1811.
D Sir: By the same mail which conveys this I have trans-
mitted to Charles C. Broadhead of Utica, a commission for him-
self and two others to lay out the Black River and Sackets Har-
bour Turnpike Roads and have also sent to Mr. Bronson of Rut-
land, notice thereof. Lest the letter to him might miscarry or
be retarded by the course of the mail, I take the liberty of
informing you also thereof; and as your name was subscribed
to the recommendation, according to my best recollection, I
presume you feel an interest in the appointment and will com-
municate the intelligence of it to those concerned as soon as
may be convenient.
Joseph Clark, Esqr.
352 ANNUAL REPORT OF THE
New York, June 27, 1811.
Sir : I take the liberty of mentioning to you that my forbear-
ance with respect to the appointment of commissioners to lay
out the Sackets Harbour and Black River turnpike roads has
arisen from a communication received a few days after the
recommendation of Mr. Broadhead and others, begging me to
be carefull and circumspect in that appointment. The signers
of the communication were respectable men, but were unac-
quainted with the recommendation that had been made by your-
self and others. I was acquainted with none of the persons
named except Mr. Broadhead, of whom I approved. I have since
learned that Mr. Sherman is brother to Oapt. Sherman of
Albany, and if he is as clever a fellow as his brother, the cap-
tain, there can be no doubt of his being a very suitable person.
The respectable signatures to the recommendation leaves little
doubt that Mr. Wager is equally suitable. I have therefore by
the mail which conveys this letter inclosed the commission for
those three gentlemen to Mr. Broadhead.
Ethel Bronson, Esqr.
GOVERNOR TOMPKTXS ACKNOWLEDGES THE PRESENT OP SADDLE
EQUIPMENT.
New York, June 29, 1811.
Dear Sir: I accept with grateful sensations your kind pres-
ent of an Elegant Military Bridle, crouper and Breast Plate.
To an assurance that I shall preserve this valuable testimonial
of your regard with pride and satisfaction, permit to add a
declaration of my sincere friendship and esteem and an ardent
wish for your prosperity and happiness.
Mr. Gilbert Haight.
STATE HISTOIMAN.
353
ESTABLISHING THE CITIZENSHIP OF CLARK. THE PRISONER.
New York, July 1, 1811.
Sir: Pursuant to your intimation, the friends of Armeuius
Clark have procured the within documents to establish his citi-
zenship. I beg leave to add, that I was acquainted with the
grandfather and father of this boy nearly twenty years ago.
They lived about five miles from the residence of my father
in Westchester County. I have also been acquainted with Mr.
Ebenezer S. Burling, whose affirmation is inclosed, since the
year 1783 and beg leave to assure you that he is a man of
unquestionable respectability £ veracity.
The Hon. James Monroe.
THE GOVERNOR TO DR. DE WITT REGARDING A LOAN MADE FOR THE
COLLEGE OP PHYSICIANS AND SURGEONS.
New York, July 9, 1811.
D Sir: I have been repeatedly requested by some of the
gentlemen who stand bound to the Manhattan Bank for the
loan made to the College of Physicians and Surgeons to cause
the money payable out of the proceeds of the Lottery now draw-
ing to be applied to the payment of their note according to the
resolution of the Kegents. As I shall be absent from this day
untill after the first of August, when the note becomes due, it
will not be in my power to pay attention to their request: but
as you [are] both a manager of the Lottery and a conspicuous
officer in the College, I take the liberty of requesting your exer-
tions to have the f 5000 seasonably deposited and applied to the
payment of their note. Should this source of payment fail by
reason of the non-payment of the Lottery money by the first
23
ANNUAL REPORT OF THE
of August, I beg leave to suggest whether the present parties
ought not to be exonerated from a renewal of the security
and whether some of those who now controul the Institution
and fill its offices ought not to assume the debt in their stead.
For as some of the former consider themselves crowded out of
the Institution by the arrangements of last winter the latter
cannot I think with honour permit them to be loaded with a
renewed responsibility for the debts of an Institution from
which they have withdrawn under such an impression.
Dr. Benjamin De Witt.
BELIEVES IN CASE OF HOSTILITIES THE SEA COAST
"ri.. -' t |r**'
$*£?: if. WILL RECEIVE THE FIRST BLOW.
ft :f "•••'<" v; » ??
New York, September 9, 1811.
Dear Sir? Your letter of the 9th instant, together with the
previous one therein refered to, have been duly received. On
my way through Utica I mentioned to Mr. Bloodgood and
desired him to inform you, that, with respect to the lot of land
which you were desirous of purchasing at Oswego and the lease
of the publick ground, application must be made to the Sur-
veyor General. The Governor tho' nominally a member of the
Land Office, has scarcely ever attended their meetings since a
law of 7 or 8 years ago which excused his attendance.
With respect to the mode of fortifying the port of Oswego,
it rests with the General Government to decide, and I venture
to predict that the inhabitants will be seasonably apprised of
Danger and protected against it. I am at present unadvised
whether the cannon at Oswego and in the River belong to the
United States or this state, but as soon as I can see the com-
STATE HISTORIAN. 355
missary of Military stores arranucments shall be made to have
them taken up and equiped when he visits that post in October
next if they belong to us. I beg you to rest assured that I am
not inattentive to the situation of our Frontier brethren, but
I feel satisfied that I shall receive timely notice from the
General Government of any apprehended hostility and receive
the requisite authority and power; and from that moment the
inhabitants may rest satisfied no exertions of mine shall be
wanting to secure and defend them. I feel no doubt, however,
that as between Canada and ourselves there is no danger of
their commencing hostilities. The sea coast, will, I think,
experience the first injury.
Nathan Sage.
ttlttiftlt
THE GOVERNOR EXPRESSES HIS THANKS TO CAPTAIN FERRIS AND HIS
COMPANY FOR VOLUNTEERING.
New York, Sept. 25, 1811.
Sir: I have the honor to acknowledge the receipt of your com-
munication tendering the services of the officers and soldiers of
the company of Artillery under your command for the defence
of their country.
It is to be hoped, notwithstanding the present unpropitious
aspect of our foreign relations, that the wisdom of our National
rulers and a returning sense of justice on the part of those
nations which have wronged us, will prevent the necessity of an
appeal to the sword. But should this hope prove fallacious I
shall be proud to avail our country of the patriotic tender made
by the company under your command.
356 ANNUAL REPORT OF THE
I pray you, Sir, to pre'sent to your company the thanks of the
state for their tender of services, and to accept for yourself the
assurance of my high regard.
To Capt. Josiah Ferris.
THE GOVE'RNOR ASKS THE ATTORNEY GENERAL TO LOOK AFTER THE
STATE'S INTERESTS IN REGARD TO SALT LAND TITLES.
New York, Sept. 25, 1811.
Dear Sir: You may recollect that by a Law of 1810 Commis-
sioners were appointed to hear and report upon controverted
titles to salt lots at Salina. The object of the appointment was
to bring to light and defeat certain unfair proceedings which
were supposed to have been practised in' leasing some of the
publick lands; by the conformation of which leases, the interest
of the State will be materially impaired. It has occurred to
me that the commissioners cannot with propriety look up and
introduce ex parte evidence, and that, therefore, unless there be
some one to represent and advocate before them the cause of
the publick, the interest of the State may materially suffer; and
I, therefore, feel it my indispensable duty to advise and
recommend that yourself, Mr. Williams, of Utica, or GenL
King, of Hamilton, attend the meeting of the commission-
ers, which takes place at Salina on the 9th of October
now next, to arrange and produce the evidence on the part
of the State, and to advance and maintain such principles
of Law and Equity as will exonerate the State from the
confirmation of the leases which may have been given con-
trary to the letter and spirit of the law, and under sus-
picious circumstances as to the motives of Superintendant and
STATI: HISTUKIAN.
:i.vr
Lessees. ] am aware that it is not within the scope of my
authority to require the attendance of the Attorney- General or
of any district attorney upon the above occasion. But if the
subject appears to them as important as it does to me, involving
the interest of the state to a great extent, I flatter myself they
will cheerfully attend to the above recommendation. I cannot
doubt, that the Legislature will readily make provision for
remunerating the person who may attend the commissioners in
behalf of the state: but if they should not, I will make him a
compensation out of the contingent fund. Should the state of
your health, or the situation of your official concerns, prevent
your personal attendance, I beg that you without delay
communicate with Messrs. Williams and King and procure the
attendance of one of them. The present superintendant, Messrs.
Sanford, Depeny and Munroe or Mooney, who were appointed in
1809; or Mr. Hopper &c will upon application afford all needfull
information; or it may be acquired from Erastus Clark, Esquire,
who has thoroughly investigated the facts.
Mathias B. Hildreth.
THE GOVERNOR ACKNOWLEDGES THE RECEIPT OF COURTESIES FROM
MASSACHUSETTS.
New York, October 8, 1811.
Sir: I have the honor to acknowledge the receipt of a box
containing laws, &c of the State of Massachusetts, which I
«hall forward without delay to Elisha Jenkins, Esquire, secre-
tary of this state in Albany, together with a copy of the memo-
randum subjoined to your letter addressed to the Lieutenant
Oovernor of this state.
358 'ANNUAL REPORT OP THE
I have no doubt Mr. Jenkins will chearfully send you all the
laws of this state, with which you have not already been fur-
nished, soon after the next meeting of our Legislature.
Benjamin Homans, Esquire.
THE GOVERNOR INFORMS MR. SAGE HE CAN ONLY ORDER TROOPS TO
PROTECT GOVERNMENT PROPERTY AT THE DIRECTION OF THE
PRESIDENT.
New York, Oct. 24, 1811.
Sir: Your letter of the 10th instant came to hand upwards
of a week ago, but I have been indisposed in the meantime at
my wife's father's* about two miles from Town. I presume your
best method of obtaining aid to inforce the laws is to address
yourself to the Secretary of the Treasury, as it seems you have
done. Should the President, upon his representation, deem it
proper to direct me to detach and order into service a sufficient
portion of the militia of the state to sustain the collector in
the performance of his duty, I shall obey it with promptitude
and pleasure. Without such direction or authority from the
President it is not my province to interfere in the execution of
the Revenue laws, unless indeed the resistance to the Laws
or the state of things at any port should amount to the legal
definition of Insurrection; in which event the Militia law for
the state empowers the Governor to interpose his authority
without the sanction of the President.
Nathan Sage, Esqr.
•The Governor's father-in-law was Mangle Minthorne, one of New York's merchant
princes.
STATE HISTORIAN. 359
THE GOVERNOR TO MR. WERNER RELATIVE TO CAVALRY AND ARTIL-
LERY EQUIPMENT.
New York, Novr. 12, 1811.
Sir: The cavalry and Artillery of this state supply them-
selves with swords and other equipments, for which reason no
authority has ever been conferred on the Executive to provide
those articles for the publick stores. — Of course no engagement
for manufacturing them can be entered into by me at present.
Mr. James Werner.
MR. SECRETARY GALLATIN APPROVES THE BILL OF MR. ASA WELLS.
New York, Nov. 17, 1811.
D Sir: Pursuant to promise, I transmitted the account of
Mr. Asa Wells to the Treasury Department and am happy to
inform you that the whole of it has been allowed, and that I
am now authorised to pay it. You will see by the letter of Mr.
Gallatin that the money has not been transmitted to me, but
I will, nevertheless, pay the ballance upon the production of
Mr. Wells's receipt, or that of his assignee. I presume he has
never made any formal written assignment to any one; and I,
therefore, advise you to send immediately to him for a receipt.
He must sign two copies, and for his further information I sub-
join the form of a receipt and a copy of Mr. Gallatin's letter
to me. I shall probably be in Albany with my family by the
time you receive an answer from Mr. Wells.
Mr. Warren.
"Received Nov. 1811 from the United States, through the
Treasury Department, two hundred and six dollars, being the
amount of two accounts rendered by me to the said department,
360 ^IKXUAL REPORT OP THE
for expences incurred in defence of ten law suits brought
against me for acts done in the discharge of my duty as com-
manding officer of part of a detachment of the militia of the
state of New York, in the service of the U. S. and stationed at
Oswego in 1808 to aid in enforcing the Embargo Laws; for
which sum I have signed duplicate receipts.
Witnesses
Asa Wells "
Copy of Mr. Gallatin's letter.
Treasury Department,
Nov. 12, 1811.
Sir: I have had the honor of receiving your letter of the 31st ultimo enclosing two
accounts of Asa Wells, for expences incurred in defending sundry suits brought against
him for acts committed in the discharge of his duty as commanding officer of a de-
tachment of militia stationed at Oswego, in 1808 for the enforcing of the Embargo Laws.
The charges in those accounts being considered by you to be reasonable, their amount,
being two hundred and six dollars, may be paid. I have not directed the sum to be
remitted to you, as it could not be done without charging you for it on the Books of
the Treasury. But if you shall find it convenient to pay it and to transmit the receipt
of Wells or his assignee to this department, the account will then be settled and the
amount remitted to you without delay. The papers are retained as vouchers for the
account when it shall be taken up for regular settlement.
I have the honor to be respectfully, Sir, Your Obt.
Albert Gallat.in.
His Excellency Daniel D. Tompkins, Governor of New York, Albany.
THE) GOVERNOR RECOMMENDS FREDERICK PREVOST FOR THE ARMY.
Albany December 3, 1811.
Sir: Mr. Frederick Prevost, son of Augustus Prevost, Esqr.
of Rensselaerville in this county, is anxious to obtain a situa-
tion in the Army. I am not personally acquainted [with] Mr.
Prevost, but have such satisfactory assurances -of his intelli-
gence and good moral character, as leave no doubt in my mind
that he will make a capable and usefull officer. His age is
about twenty years.
Accept, Sir, the assurance of my consideration & Esteem.
The Honorable William Eustis.
STATE HISTORIAN. 361
GOVERNOR TOMPKINS TO CONGRESSMAN I'ATMUNG — VOUCHES FOR DR.
BULLUS.
Albany, Dec. 3, 1811.
Dear Sir: I am just informed by my friend Dr. Bullus that
an insinuation has been propagated at Washington, by a sur-
geon in the navy, derogatory to his character; namely, that it
is generally believed in New York that Dr. Bullus employs large
sums of money in usurious speculation. I hardly need inform
you that my intercourse with publick officers and others in New
York (including some of. the best news gatherers in Christen-
dom) is daily and unreserved; And I pledge myself to you, that
1 have never heard a lisp or insinuation of any such belief or
general report; nor do I believe that the story in circulation at
Washington has any foundation in truth. I have .little doubt,
notwithstanding your opportunities of becoming acquainted
with such a report, were it generally prevalent in New York, no
. such imputation has come to your knowledge, and I, therefore,
hope you will feel authorised and disposed to contradict the
injurious calumny.
I arrived at this place, with all my family in good health, on
Saturday, after an agreeable passage of two days. May your
journey to Washington have been equally comfortable and
pleasant, and may you feel as well reconciled to sojourn in and
enjoy the amusements, the splendor, the honors, and the society
of Washington for four months to come, as 1 do to partake in
those of this renowned city of Albany for the same period.
The non-intercourse between the members of Congress and
their constituents has been thus far rigidly executed; but I hope
it will not be perpetual and that I may yet have the satisfaction
362 ANNUAL REPORT OF THE
of receiving a letter from some of the New York delegation
before their adjournment.
If they mean to change the attitude of the United States, we
fighting men ought to be seasonably apprised of it, that we may
muster up our courage, brush our beavers and grind our swords.
Apropos: If you hear any enquiry about northern or Eastern
Governors to be employed in assisting Governor Harrison in the
Miami- war, please to drop a hint that there is a Governor of a
certain large state, who, with his adjutant General,* and all the
rest of his staff, will fight till there is nothing left of them but
their toe-nails!
The Honbl. Wm. Paulding, junr.
P. S. Not knowing at present whether you wish returns like
the enclosed to be forwarded to you or retained here, I send this
to Washington with a request to be informed whether similar
ones in future must be sent on, or whether there be any
memorandum here of those received before you left home upon
which I can enter the future returns.
HE EXPRESSES FAITH IN HIS INNOCENCE TO DR. BULLUS.
Albany, Decm'r 3, 1811.
Dear Sir: I am really astonished to hear that a slander has
been propagated at the city of Washington, charging you with
the habitual employment of large sums of money in discounting
at usurious interest. It gives me great satisfaction to assure
you, that during my residence in New York for two thirds of
each of the last three years, which naturally occasioned frequent
* William Paulding, Jr., was then Adjutant General of the State and member of Con-
gress—November 4, 1811, to March 3, 1813— from one of the two New York city districts.
STATE HISTORIAN.
363
intercourse and conversation with all description of men there,
I never heard the least insinuation of that or of any other kind
prejudicial to you as a man or as an officer. Were there any
foundation for the charge, I must have received some intima-
tion or heard some hint about it; for I was in the habit of daily
interviews with some of the United States, state or city officers;
and frequently at Dinner and other parties, composed of per-
sons of almost every profession and political sect where the
conduct of publick agents invariably forms considerable part of
the conversation. Whenever I have heard your name mentioned
it has been with a respect flattering to you, and gratefull to me.
I, therefore, beg you to rest satisfied of my entire belief and
Conviction that the imputation is unfounded and malicious; and
request that you will make any use of my knowledge and belief
upon the subject which can be of service to repel the calumny.
John Bullus, Esqr.
P. S. I have not the time to prepare and forward a letter to
iny friend Paulding by this steam boat, but will transmit one to
him by the mail of tomorrow and will likewise address a line to
General Porter.
THE) GOVERNOR ASSURES COLONEL CONSTANT OF HIS SUPPORT IN
ASPIRING TO BECOME GOVERNOR O-F FLORIDA.
Albany, Dec. 7, 1811.
Dear Sir: Your letter has been duly received and I have
attended to the subject mentioned in it so far as to solicit Gen'l
Paulding and Doctor Mitchel to interest themselves in your
behalf.
Should Florida be sett off into a separate Territory or Govern-
ment there are few men could be placed at the head of it with
greater satisfaction & pleasure to me than yourself.
364 'ANNUAL REPORT OF THE
There seems to be a speck of war in the Western Horison,
which I dare say is not displeasing to those officers of the Army
who are anxious to distinguish themselves. Opportunities of
acquiring fame & promotion is the chief aliment upon which they
can long subsist contentedly. My family, which now consists of
a wife, six children, and myself are all well.
Col. Joseph Constant.*
THE GOVERNOR URGES MR. SECRETARY MOfNROE TO HASTEN THE?
ADJUSTMENT OF OUR NORTHERN BOUNDARY LINES.
Albany, Dec 7, 1811.
Sir: I have had the honor to receive your communication
of the 26th of Nov. last, accompanying the printed copy of the
third census or enumeration of the inhabitants of the United
States.
Permit me, Sir, to take this opportunity of mentioning the
unsettled condition of the Boundary line between this state and
Canada.
The words of the Treaty, being susceptible of several inter-
pretations, possessions have been taken in different parts of
the line upon different constructions of the Treaty. The
British, however, have the advantage in this respect, they hay-
ing taken and retained possession of large and valuable islands
in the northeasterly part of Lake Ontario and in the River St.
Lawrence, which are confessedly within the United States upon
every possible construction.
Those islands are important to the United States, not only
on account of the value of the land they contain, but also on
* It was not until 1821 that Florida changed flags. Andrew Jackson was appointed
the first Governor.— STATE HISTORIAN.
STATE HISTORIAN. 365
account of their advantageous position for commanding the
navigation of Lake Ontario and of the River St. Lawrence in
the event of hostilities. The difficulties and embarrassments
which are now experienced by the officers of this State, from
the want of a more specific designation of the above mentioned
boundary line than the language of the Treaty affords, are
particularly detailed in a communication which I had the honor
to make to the department of state during the last year. I will
not, therefore, trespass upon your time further at present, than
to pray the attention of Government to provide by treaty for
the adjustment of our Boundary line aforesaid, by commission-
ers or otherwise, in case our present difficulties with the British
Government should terminate amicably.
The Honorable James Monroe [Secretary of State of the U. S.].
A QUESTION OF RANK BETWEEN MAJORS FORD AND EDSALL.
Albany, Dec'r 7, 1811.
Dear Sir: In 1807, 2d Major David Ford, was promoted a
Lt. Colonel over the head of first Major Edsall of St. Lawrence
county. In the ensuing fall it was represented to me by Col.
Ford in a letter, and was confirmed by the representation of
Judge Ford the following winter, " that Edsall was apprised,
when he received his commission of First Major and Ford that
of Second Major, of the circumstances upon which Ford con-
ceived himself entitled to the appointment of First Major.
That upon the death of Col. Turner there became a difference,
tho on Friendly Terms, between Ford & Edsall to whom the
right of promotion really belonged. That it was agreed
between them to submit the dispute to the Governor and Coun-
366 ANNUAL REPORT OF THE
cil in the winter of 1807. That Edsall went to Albany person-
ally and that Ford sent his claim, and that upon hearing the
respective claims the Governor and Council appointed Ford
Lieutenant Colonel in the room of Turner."
I have an impression that in the course of the winter of 1808,
when I had the honor of a visit from you, it was mentioned,
that, at the inspection in St. Lawrence the preceeding fall or
on some other occasion, Edsall had an interview with Judge
Ford in your presence, at which Edsall denied the truth of the
above statement and that Judge Ford either disputed having
given that statement or some part of it, or retracted or quali-
fied it. Will you be so obliging as to drop me a line repeating
the information which you then gave me concerning the
interview?
It may be proper to remark that my sole object in making
this request is to enable me to state to Col. David Ford, in
answer to a letter I have recently received from him, the real
points of disagreement between his collateral statement and
that of Major Edsall, in order to explain to his more entire
satisfaction the true Grounds upon which the Council super-
seded him and appointed Edsall to the command. My memory
may not at this late day be perfectly accurate without being
refreshed.
Major Fitch.
THE GOVERNOR BRINGS THE AMBITION OP COLONEL CONSTANT TO
GENERAL PAULDING.
Albany, Dec. 7, 1811.
Dear Sir: I am yet without hearing from you, except
through the newspapers, which mention your having arrived
and taken your seat.
STATE HISTORIAN. 367
Some time last fall I rcn-ivi-d a U-IKT from my friend Joseph
Constant, intimating a wish to be thought of for the Govern-
ment of Florida in case it should be erected into a separate
Territory; and desired me to mention the subject to you and
Dr. Mitchel. It escaped me when in New York. I do not know
what agency you would be willing to take in relation to an
appointment in that part of the union, but should the opper-
tunity for such an appointment occur it would be very gratify-
ing to me to see my Friend Joseph placed there. Pray mention
the thing to Dr. Mitchel in my name if you have an oppertunity.
We have nothing new in this quarter except that we are all
looking towards Washington with breathless attention.
The Honl. William Paulding, Jun'r.
MAJOR FRANCIS M'CLURE ASPIRES TO THE REGULAR ARMY THE
GOVERNOR INTERESTED IN A BIT OF GOSSIP.
Albany, Dec. 10, 1811.
D Sir: I have received a letter from our friend Major
McClure intimating his wish to obtain a berth in the army
should the establishment be increased or an opportunity offer
in the present corps. I need not tell you that the Major is a
disciplinarian and a patriot, who will not desert his country's
standard upon any emergency; and I hope with the assistance
of Dr. Mitchel you will be able to gratify him with an oppor-
tunity of smelling powder in some suitable station. So far you
may shew my letter to Dr. Mitchel, but the residue is not
intended for his eye — namely, will you tell me in confidence
whether the story of his having set off from Philadelphia by
water leaving Madam behind, as is mentioned in a Jersey paper,
has any foundation in truth?
368 ANNUAL REPORT OF THE
I do not mean to use it, like a Rival, to lessen his pretensions
to the war department, but merely seek after the truth. I
received the documents under your Frank for which please to
accept my thanks.
Honl. William Paulding, Jun'r.
MILITIA SHOULD HIS OTHER AMBITION FAIL.
Albany, Dec. 10, 1811.
D Sir : Yours of the 7th has come to hand. I shall certainly
be mindfull of giving you employ in the militia in case of hos-
tilities even should you fail of your prospects in the army.
But that you may not be disappointed in that respect I have
addressed a letter to our mutual Friend Gen'l Paulding upon
the subject with a request that he will shew it to his col-
leagues.
Major McOlure.
SECRET MISSION OF GOVERNMENT OFFICERS TO OUR FRONTIERS.
Albany, Dec. 10, 1811.
Sirs : The Gentlemen who will present you this Note are Mr.
David Burgher, of New York & Mr. Robert Moores, of Wash-
ington County, who as officers under the General Government,
have some important publick business to transact on the Fron-
tiers of this State, which they will detail to you more particu-
larly in person. Permit me to request that you will furnish them
with such information and assistance as may be in your power
calculated to assist there [them] in accomplishing the objects
they have in view.
STATE HISTORIAN.
369
The Honorable Francis A. Bloodgood, James S. Kip, Nathan
Williams, John Bellengir, Apollas Cooper, Esq'rs, Utica.
Joshua Hathaway, Samuel Dill, Henry Huntington, Esq'rs,
Borne.
Isaac Kirkpatrick, Esq'r, Salina, Jasper Hopper, Esq'r, Onon-
daga Hollow, Silvanus Tousjy, Esq'r, Manlius, The Honl. Reuben
Humphreys, Marcellus, Onondaga County.
Enos T. Throop, Joseph L. Richardson, George Fleming,
Esq'rs, Auburn, Cayuga Co.
The Honl. John Nickolas, Geneva, The Honl. Philetus Swift,
Phelps, Stephen Bates, Esq'r, Canandaigua, Reuben Hart, Esq'r,
Candndaigua, Micah Brooks, Esq'r, Bloomfield, Asahel Warner,
Charleston, Ontario County.
Joseph Ellicott, Batavia, Isaac Gansen, Caledonia, Esq'rs,
Genessee Co.
Archibald S. Clarke, Mr. Vandeventer, Esq'rs, Willink or
Clarence, Niagara Co.
THE GOVERNOR TO JASPE'R HOPPER IN REGARD TO THE ONONDAGA
ARSENAL.
Albany, Dec. 10, 1811.
D Sir: I cordially approve of your having proceeded with the
work necessary to be done at the Onondaga Arsenal, without
waiting for the arrival of the Commissary, and request you to
have the gateway and .entrance finished according to the plan
which you enclosed to me. Furthermore, I send you one hun-
dred and fifty Dollars, the receipt of which I will thank you to
acknowledge by return of Post, and when the balance is ascer-
tained draw on me therefor.
Jasper Hopper, Esq'r.
24
370 ANNUAL REPORT OF THE
THE GOVERNOR APPLIES TO DR. MITCHILL FOR GOVERNMENT
DOCUMENTS.
Albany, Deo. 11, 1811.
Dear Sir: I was last night honored with the receipt of your
letter of the 5. instant, and learned from it with much satis-
faction your kindness to Mr. Whitlow. I want no further evi-
dence of the utility and value of the weed which he has dis-
covered than to ascertain whether the process of rotting impairs
its strength or not.
I observe that the house of Representatives has commenced
operations upon the important subject of our Foreign relations.
Our eyes are steadily directed towards Washington in expecta
tion of observing something which will relieve us from a state
of anxious suspence.
In the course of the last session you were so good as to enclose
to me several printed sheets of a system of tactics for the United
States army and Militia; but mentioned the call for them was
so great you could not then continue the favour. Should it be
in your power to obtain and send me now a copy of that work,
as I expect the whole is printed, you will greatlt oblige me.
Allow me, Dear Sir, to ask one favor more. I have experi-
enced the politeness of Mr. Monroe in transmitting to me a
return of the census on large paper of about 16 by 13 inches. In
the book sent to me there is an aggregate return for each State
by counties, and a separate return or census of the several
Towns in each State except New York. I presume an expecta-
tion that I had procured the return of the census of our own
State by Towns from other sources was the reason of the omis-
sion. This document I deem an important one, and should be
much gratified to have the return for New York ~by Towns on
STATE HISTORIAN. 371
paper of the same size with that I have already received, that
I may have the complete return bound in one book. There were
doubtless a great number of copies struck off, and if you will
endeavor to procure and send me those sheets which compre-
hend the return of towns in New York, I shall feel highly
sensible of your kindness.
Please send me copies of the reports of the secretaries of the
war and navy departments as soon as they may be printed.
With Great esteem and friendship,
The Honbl. Sam L. Mitchil [Mitchill].*
REASONS WHY GOVERNOR TOMPKINS LOOKS FOR WAR.
Albany, Dec. 12, 1811.
D Sir: I have this day been honored with the receipt of your
letter covering part of the report of the secretary of the Treas-
ury. The residue of the report came under General Paulding's
frank.
My impression has all along been that the present session
of Congress would not eventuate in measures calculated to
* Samuel Latham Mitchill, was born at North Hempstead, New York, August 20, 1764;
received a classical education and studied medicine with Dr. S. Latham, his maternal
uncle; in 1788 a commissioner to purchase the lands of the Iroquois Indians in Western
New York; a member of Assembly in 1791; appointed professor of chemistry and nat-
ural history in Columbia College in 1792; one of the founders of the State Society for
the Promotion of Agriculture in 1793; an editor of "The Quarterly Medical Repository"
1797-1813; again a member of Assembly 1798; elected a representative from New York
in the Seventh Congress as a Democrat, and was re-elected to the Eighth Congress,
serving from December 1, 1801, to his resignation November 22, 1804; elected a United
States senator from New York (in place of John Armstrong, resigned), serving from
November 23, 1804, to March 3, 1809; again elected a representative in the Eleventh
Congress (in place of William Denning, who was elected, but never qualified); re-
elected to the Twelfth Congress, receiving a majority of 580 votes, serving from
December 4, 1810, to March 3, 1813; professor of natural history in the New York Col-
lege of Physicians and Surgeons 1808-1820, and of botany and materia medica 1820-1826;
vice-president of the Rutgers Medical School 1826-1830; one of the founders of the New
York Literary and Philosophical Society in 1815; died at New York September 7, 1831.
He published " Observations on the Absorbent Tubes of Animal Bodies," " Nomen-
clature of the New Chemistry," " Present State of Learning In the College of New-
York," " Life of Tammany," " Synopsis of Chemical Nomenclature," " History of
the Botanical Writers of America," " Treatise on the Fishes of New York," besides
numerous addresses.
372 ANNT?AL REPORT OP THE
meet the publick expectation. Notwithstanding declarations
to the contrary, by the British and their adherents, 1 do verily
believe that their ministers have already furnished abundant
reason to conclude that should cool, decided and bold measures
be adopted with considerable unanimity and be faithfully and
obstinately adhered to and executed, Great Britian will be
induced to retract or modify a great part of her offensive pro-
ceedings. But even if that belief be not well founded, still are
we not in some measure pledged, after what has been said and
written, to take a decided course to prevent a perfect convic-
tion on her part and on the part of other nations also, that we
will for the mere privilege of scolding and grumbling submit
to any and every thing. If we shrink back now, when our
injuries are fresh in the recollection of [the] community, when
the correspondence has brought our differences to plain and
intelligable points understood by everybody & when also it is
universally understood that we are clearly on the right side
of each Question of difference, I shall for my own part, forever .
thereafter, deem all the Kicks and thumps which the Belli-
gerents may be pleased to give us, to be merely so many love
taps.
I hope, however, that my prophecy may prove to be incorrect
and that you will evince by your measures that we will forth-
with gird on the sword rather than couch to insult any longer.
Should this course be pursued I shall summon home my staff-
Invincibles (Gen'l Paulding Gen'l Porter and Col. Livingston).
By a continuance of your kindness, in sending to me the
important Documents, Reports &c which may from time to time
be submitted to Congress you will lay me under great obliga-
tion. Please to mention my respectfull compliments to your
STATE HISTORIAN. 373
colleagues and accept an assurance of my esteem and regard
for yourself.
The Honbl. Thomas B. Cook.*
MAJOR CANNINGHAM RIEOOMM'ENDED FOR THE ARMY BY GOVERNOK
TOMPKINS.
Albany, Dfec'r 12, 1811.
Sir: Major Ganvood A. Canningham of Poughkeepsie in the
county of Dutchess contemplates making an application for an
appointment in the army, in the event of an increase of the
war establishment. He is about forty six years of age, liber-
ally educated, of a dignified appearance and sustains a good
character; and I, therefore, recommend him to the notice of
Government should the anticipated enlargement of the army
take place.
The Honbl. Wm. Eustis.
DISAPPEARANCE OF GENERAL ORDERS FOR SEVERAL YEARS QUALIFI-
CATIONS AND STANDARD FOR ARMY OFFICERS.
Albany, Dec'r. 13, 1811.
D Sir: By your letter of (no date) I am requested to recom-
mend Messrs. Sproul and Fink for appointments in the con-
templated increase of the army establishment. This I have no
objection to do when I shall be made acquainted with their
qualifications and characters of which I have at present very
little knowledge.
Those who may be recommended, for field officers in particu-
lar, ought to be men of sound American principles^of respect-
* Thomas B. Cook resided at Catskill, New York; elected a representative from that
district in the Twelfth Congress, as a Democrat, receiving 243 Majority, and served from
November 4, 1811, to March 3, 1813; member of Assembly in 1838 and 1839.
374 ANNUAL REPORT OP THE
able standing in society — of good moral character and possessed
of soldierly qualities. The last six Regiments were indifferently
officerd for the want of a scrupulous attention, in those who
brought forward the candidates, to the above particulars. I
am determined, therefore, to withhold my recommendation in
all future cases, where my personal knowledge is not sufficient,
unless I shall be furnished with unquestionable testimonials
as to the before mentioned qualifications. You will observe
that this requirement does not in the least impeach the Gentle-
men to whom you allude, because I am totally unacquainted
with those points of their characters. It will give me great
pleasure to forward a very prompt and decided recommenda-
tion when the aforesaid evidence shall have been afforded.
I enclose a letter received from some persons who are desir-
ous of being breveted to form a new company in Col'l Fleet's
Regiment. I am ignorant of their characters or pretensions,
except that I presume the intended captain is a young lawyer
from Mr. Hopkins office, has since been a ward justice and is
not celebrated for temperance, according to insinuations which
have been made in my presence, I think by Mr. Clinton at Gen'l
Morton's Table when you were present. Cooke is the captain
of a company of Mr. Van Hook's Regiment, of which Gen'l
Morton's second son is ensign; and you may recollect the Major
asked him if his Captain was not a little drunken lawyer.
Besides this, they do not appear to have the approbation of
Col. Fleet; if they had, he would have subjoined a regular
recommendation in writing. I cannot take their own declara-
tions as sufficient upon that head. When these obstacles are
removed by Col. Fleet to your satisfaction you are at liberty
to issue a General Order organizing the company.
STATE HISTORIAN.
375
I am getting all the General Orders from 1801 to the present
time engrossed. Those prior to that period were in the pos-
session of Adjutant General Van Home's widow, now Mrs..
Daniel Ludlow. Whether she has ever handed them over to
Gov'r Clinton or to Gov'r Jay is not known. She certainly
did not deliver them to Solomon Van Rensselaer, the successor
of Van Home, on account of the offensive manner of his
appointment and the indelicacy of demanding the books and
papers when her husband was on his death bed. If they be yet
in her possession you can probably obtain them in behalf of
myself or Gen'l Paulding and send them to me. At any rate
you can learn where they are. I will thank you to make the
enquiry and experiment. If she will not part with them on any
other terms, you may pledge my veracity for returning them
safely to her as soon as I have made a copy for myself. Please
to send me copies of the respective General Orders, immedi-
ately after they are issued, that I may have them regularly
engrossed and brought up in my own Book of Orders. In lieu
of the method I have mentioned in my letter of last evening
to provide for any deficiency of my balance in the Manhattan
Bank, to meet the check for f 1000 Dollars, Col. Livingston may
deposit to my credit, if it be convenient, the balance he has
received for me at Washington, and upon being notified thereof
I will send him a receipt.
Col. Macomb.
THE GOVERNOR RECOMMENDS THE SON OF ROBERT M'CLALLE'N FOR AN
ARMY APPOINTMENT.
. Albany, Dec'r 14, 1811.
Dear Sir: I have this day transmitted to the secretary of
war a recommendation of Robert M'Clallen, Junior, for an
376 ANNUAL REPORT OF THE
appointment in the army. He is the son of our quondam
Treasurer, is a modest, unasuming young man, of unquestion-
able morality and of genteel appearance. I hope you may have
an opportunity, and feel disposed, to back his pretensions. The
report and resolutions of the committee of Foreign relations
have inspired the young men in this quarter with such a devout
military spirit, that, were officers all that is wanting for the pur-
pose, I could muster by Monday morning a sufficient number to
take all upper Canada. Whether they will be equally zealous
and animated, should it be their destiny to be called upon as
privates, is quite another question. I shall be obliged to any of
my friends who will kindly advise the secretary of war to drop
me a line suggesting that recommendations for appointments in
an army not yet created, are rather premature and oppressive
to that Department.
In a letter this day addressed to him, I have hinted to the
Secretary as plainly as I dare the propriety of his doing so.
Indeed without some such pretext for my declining to unite in
these de bene esse recommendations, I can assure the secretary
that he may set apart one whole square of pigeon holes for my
recommendations of officers for the army — that is to be.
The Honbl. Peter B. Porter.
THE GOVEiRNOR ASKS THE SECRETARY OF WAR FOR INFORMATION.
Albany, Dec'r 14, 1811.
Sir : By a letter this day rec'd from Col. Livingston I am made
acquainted with your kindness and obliging assistance in facili-
tating and expediting the adjustment of my account. Be
assured, sir, of my deep sense of the obligation.
STATE HISTORIAN. 377
The Prospect of actual service, which the resolutions reported
by the committee of Foreign relations afford, has brought upon
me a host of candidates for the army.
It appears to me to be rather premature to present candidates
to the President before those Resolutions are incorporated into
a law, or until there exist greater certainty that the army estab-
lishment will be enlarged. But this answer is very unsatisfac-
tory to most of the applicants, who say that they are well
assured recommendations for others are already sent on from
various parts of the United States, and that they are informed
and are fearful that the first applicants will be preferred. It is
also probable that many are advised and urged to forward
their credentials immediately, by letter from their friends at
Washington.
1 must, therefore, beg you to excuse me in uniting occasionally
in such recommendations, untill I may receive an intimation
from your department that such de bene esse testimonials are
unfrequent from other quarters and had better be dispensed
with.
The Honbl. William Eustis.
THE GOVERNOR ASKS THAT MR. M'CLALLElN BE APPOINTED TO THE
^ * ARTILLERY.
Albany, Dec'r. 14, 1811.
Sir : Mr. M'Clallen mentioned in the within paper, is brother
to John M'Clallen, dec'd, who served with reputation ten or
twelve years in the artillery of the United States, and was then
appointed Consul at Batavia, where he died. The present appli-
378 AMTOAL REPORT OF THE
cant would prefer obtaining an appointment in the artillery
corps, if it be practicable.
The subscribers to his certificate are intimately acquainted
with his private character, which I have no doubt is perfectly
good; and I, therefore, cheerfully recommend him for the office
of Lieutenant, either in the old or new army establishment. A
recommendation by Gen'l Gansevoort, Dr. Mitchel [Mitchill]
and others was forwarded about two years ago. Mr. Bleecker
our representative can also give any further information which
may be required.
The Honl. Wm. Eustis.
AND BRINGS THE YOUNG MAN TO THE NOTICE OF CONGRESSMAN HAR-
MANUS BLBECKEiR.
Albany, Dec'r. 14, 1811.
Dear Sir: I acknowledge the honor you have done me by
transmitting to me from time to time the Presidents message,
the Documents &c and pray you to accept an assurance of my
due sense of your politeness.
By the mail which conveys this, I have forwarded a recom-
mendation of Robert M'Clallen, Jun'r, for an appointment in
the present army or if that be impracticable, he hopes to be
noticed in the appointments for the contemplated increase of
the army establishment. I have ventured to refer the secretary
of war to you, believing that you are well acquainted with M<\
M'Clallen and with his family. Messrs. Shepherd and Boyd, in
whose imploy he has long been, assure me that he sustains a
good moral character and is free of any vices. His appearance
is certainly prepossessing — his deportment modest and I verily
STATE HISTORIAN. 379
believe tluit in every respect he is worthy of the Notice & patron-
age of Government.
The Honl. H. Bleecker.*
THE GOVERNOR NOTIFIES COLONEL LIVINGSTON TO DRAW UPON
HIM FOR ANY REASONABLE SUM.
Albany, Dec'r. 16, 1811.
Dear Sir: I have received both of your letters and can
assure you that I have an exalted opinion of your Diplomatic
talents and am highly pleased with the result of your late
embassy. The amount of $188.71 was very properly deducted.
I am apprehensive that the bad travelling and your necessary
detention at Washington, by reason of the accumulated busi-
ness of the War Department at that time, must have made
your journey an unprofitable one. For any further sum, which
you may think reasonable for indemnifying you for expences,
you are at liberty to draw on me at sight.
Col. J. W. Livingston.
DR. GUITEAU INVENTS A NEW DEATH DEALING ROCKET.
Albany, Dec'r. 16, 1811.
Dear Sir: With respect to Mr. Guiteau,f I intended origi-
nally to pay nothing more than the expence of making one of
the Machines and giving it a trial.
*Harmanus Bleecker was born at Albany, New York, in 1779; received a classical
education; studied law; was admitted to the bar, and commenced practice at Albany;
elected a representative from New York in the Twelfth Congress, as an anti-war
Federalist, by a majority of 482, serving from November 4, 1811, to March 3, 1813;
was appointed a regent of the University of New York in 1822; was charge" d'affaires
in the Netherlands May 12, 1842, to June 28, 1845; and died at Albany, New York, July
19, 1849.
fDr. Francis Guiteau, Jr., resided in Deerfield, Oneida county. The National Govern-
ment gave him an appropriation for the missile alluded to above.
380 ANNUAL REPORT OF THE
JACOB MORTON TO GOVERNOR TOMPKINS.
" New York December 13, 1811. * * * Dr. Guiteau yesterday submitted to
me his project of a ' Rocket shell ' or ' Harpoon shell,' for I don't know ye name he
means to give it. I think there is much ingenuity in it and that it is well worth a
fair experiment. The Doctor has, I believe, already expended as much money as is
convenient to him and I believe he expected that you would authorize Cap. McLean
to make him some advance. Mr. McLean told me he was authorised to allow ye
expenses of the shell and of the experiment but nothing further.
" He has one made but to give it a fair trial there ought to be half a dozen. The
«xpence already incurred is I understand about $30 and to make five more will cost
$30 more. I believe they will proceed to make the aditional five and I mention the
*m't of ye expence that will be incurred in order that you may judge how far you
will deem it expedient towards his personal expences."
I have, however, no objection to having the other five made
at the expence of the state, provided such of them as are not
used or exploded, be left with Mr. McLean at the Arsenal. I
wish Mr. Guiteau to bring one of them with him to Albany.
Mr. Guiteau's personal expences must be left as a subject
to be settled between me and him personally when he shall
pass through this place.
I will thank you to have the accounts of the Commissioners
of Fortifications brought up as soon as possible. With an
opinion on Mr. Smith's account I shall probably remit you
eleven hundred dollars.
Gen'l Morton.
JASON RUDES RECOMMENDED FOR THEi CAVALRY.
Albany Dec'r 18, 1811.
Sir: I beg leave to recommend Mr. Jason Budes of this
place for an appointment in the cavalry of the United States,
in the event of an augmentation of that corps, or in the other
troops if an appointment in the cavalry cannot be obtained.
Mr. Kudes is an intelligent, sober, industrious man about 37
years old, of sound moral and political character, and would
I doubt not fill the office of captain with reputation and use-
fulness. I am, respectfully, sir,
The Honbl. Wm. Eustis.
STATE HISTORIAN. 381
ASA WEiLLS's RECEIPTS FORWARDED TO MR. SECRETARY GALLATIN.
Albany, Dec'r 18, 1811.
Sir: I enclose duplicate receipts of Mr. Asa Wells for the
amount of his account, which amount has been paid by me per-
suant to the authority contained in your letter of the 12th of
November last.
The Honbl. Albert Gallatin.
A PERSONAL LETTER FROM THE GOVERNOR TO COLONiBL ROBERT
MACOMB.
Albany, Dec. 15, 1811.
Dear Sir: I have not received a letter from you for upwards
of a week which enduces a belief that Mrs. Macomb or your-
self is sick. We are, therefore, more than usually desirous to
hear from you. The sofas which Mr. McLean promised to send
up from Phife's have not been heard of yet. The River closed
Just Saturday night, but the weather has been moderate since
Monday and this day there is a warm rain which I expect will
clear the Eiver of ice.
By the mail which carries this letter I have sent one to Mrs.
Mary Mann, who lives in the upper part of the Bowery opposite
the house owned by .Mr. Denham and myself. The letter relates
to some important business of the estate of her late husband;
and, if your servant should have nothing else to do, you will
oblige Mrs. Mann and me by taking it out of the Post Office
and sending it to her. Don't forget the Diplomatic Embassy
to Mr. Ludlow with which you are charged.
Col. Robert Macomb.
'
382 ANNUAL REPORT OF THE
THE GOVERNMENT BUILDING AT THE BATTERY IN A RUINOUS AND
DISREPUTABLE APPEARANCE PREPARING FOR ITS CONDEMNA-
TION.
Albany, Dec'r 18, 1811.
Dear Sir: I beg leave to call your attention to the subject
upon which we conversed before my departure from New York.
It is very certain that it will not be advantageous to the state
to repair the Government House in New York, and it is equally
true that without very extensive repair it will soon be a
reproach to the city. The corporation did once, I think, offer
the state 50,000 Dollars for it, which was thought, by the Sur-
veyor General and others here, to be an inadequate price, and
indeed the amount for which some gores near Mr. Gracie's sold,
evinced that the price offered by the corporation was far below
the real value of the Government House and Ground. My own
opinion is that £25,000 equal to |62,500 would be a proposi-
tion to which the Legislature would accede, and in case that
offer shall be made, I shall use my influence to induce them to
accept it. It appears to me the first thing necessary to be done
on your part is to have an accurate survey made of the Ground.
The next thing will be to procure a Resolution of the corpora-
tion " reciting the ruinous and disreputable appearance of the
Buildings and fences " — The provisions of the act which pre-
vents the state from appropriating the ground to any other
than publick uses, and the objects of the corporation in wish-
ing to have it retained for publick uses £c., and then resolving
that they will give such a price in stock or money or securities
for money to be applied to the purchase of Ground and the
erecting a Government House at Albany or to such other pub-
lick object as the Legislature may direct. Upon my being fur-
.STATE HISTORIAN. 383
nished with an official copy of such Resolution with a survey
annexed, I will make it the subject of a special message and
doubt not that a bargain will be immediately closed.
Peter Hesier, Esq'r.
P. S. You will find the materials for a survey of the west-
erly, easterly and northerly sides in an act passed 1C March
1790* (see Greenleaf's edition 2d vol. 307) and the southerly
side is the northerly side of Lent's potash building, now belong-
*An ACT for securing arid improving certain lands in the city of New York for public
uses, and for other purposes therein mentioned.
Passed the 16th of March, 1790.
Whereas Fort George, in the city of New York and the battery adjacent thereto are
at present useless for the purpose -of defence; Therefore,
Be it enacted by the People of the State of New York, represented in Senate and
Assembly and it is hereby enacted by the authority of the same, That all that part of
Fort George in the city of New York and the lands adjoining thereunto, belonging to
the people of this State beginning at a stake standing on the easterly side of the
Broadway continued at a place which is eighty six feet distant on a course south
thirty seven degrees and forty five minutes east from the south-east corner of the
dwelling house of Captain Archibald Kennedy [the present No. 1 Broadway], and run-
ning thence easterly to the north east corner of the old secretarys office on Whitehall
street, thence southerly along the west side of Whitehall street to the ground of Cap-
tain Thomas Randall, then westerly, along the north side of his ground, and along
the rear of the lots which front on Pearl street, as far as they extend, then north
fifty seven degrees and forty five minutes west, until a course north thirty two
degrees and fifteen minutes east will strike the place of beginning, and then north
thirty two degrees and fifteen minutes east, to the place of beginning, shall be and
hereby are declared to be forever reserved for the purpose of erecting- public buildings,
and such works of defence as the legislature shall from time to time direct; and
further that the same shall not at any time or times hereafter be sold or appropriated
to or for any private use or purpose whatsoever.
And be it further enacted by the authority aforesaid, That all the lands belonging
to the people of this State, within the bounds following, to wit, beginning at the north
east corner of the old secretarys office, and running thence southerly along Whitehall
street to the East river, at Whitehall slip, then southerly westerly and northerly along
the East river, the bay and Hudsons river, to the north side of the street which runs
on the south side of Archibald Kennedy's house,, continued to Hudsons river, thence
along the same, to the south east corner of the said Kennedys house, thence south,
thirty-s-even degrees and forty five minutes east eighty six feet, thence easterly to
the place of beginning (excepting thereout that part reserved to the people of this
State as described in the preceding section of this act) as well as all the lands within
the bounds and limits aforesaid, which the said corporation of the city of New York
claim title to, shall be and the same are hereby vested in the mayor aldermen and
commonalty of the city of New York to remain for the purpose of erecting public
buildings, and works of defence thereon; but without any power to dispose thereof
for any other use or purpose whatsoever, and without any power of selling any part
thereof.
And be it further enacted by the authority aforesaid, That it shall and may be lawful
for the mayor aldermen and commonalty of the city of New York, to cause the said
Fort George to be demolished, and the ground whereon the said fort stands to be
leveled, and also to cause a bulk head to be erected from the end of the bulk head
lately erected by them, continuing the same to the south west bastion of the battery
aforesaid; and to sell and dispose of the buildings and materials of the said fort,
and to apply the monies arising therefrom towards erecting the bulk head aforesaid.
And be it further enacted by the authority aforesaid, That it shall and may be law-
ful to and for Gerard Bancker, Richard Varick and John Watts, or the major part
of them, to cause a proper house and other necessary buildings to be erected on
some part of the lands in the first enacting clause in this act mentioned, for the
use of the government of this State: and to be applied to the temporary use and
accommodation of the president of the United States of America, during such time
as the Congress of the United States shall hold session in the city of New York:
and the treasurer of this State is hereby authorized and required, to pay to the order
of the said Gerard Bancker, Richard Varick and John Watts, or the major part of
them, such sum as may be necessary for the purposes aforesaid: not exceeding in the
whole, the sum of eight thousand pounds, out of any monies in the treasury, not
otherwise appropriated, to be by them applied to the purposes aforesaid. And it is
hereby declared that the said sum eight thousand pounds, is the whole sum intended
to be appropriated to tho purposes aforesaid.
384 ANNUAL REPORT OF THE
ing to the United States.— The act of 1790 is the one which
reserves the property for publick uses solely.
THE GOVERNOR INFORMS CAPTAIN JOHN MARSHAL HE HAS NO
AUTHORITY TO RAISE OR ACCEPT VOLUNTEER COMPANIES.
Albany, Dec. 19, 1811.
Sir: 1 have no authority at present to accept or to organize
volunteers for actual service.
It is to be presumed that such authority will be conferred
before the rising of Congress, and whenever is shall be, I shall
announce it publickly, & then it will give me great satisfaction
to receive and accept the patriotic tender of your services.
Capt. Jno. Marshal.
THE GOVERNOR RECOMMENDS JOHN M'KINLEY FOR THE ARMY.
Albany, Dec'r 19, 1811.
Sir: In the event of war or of an augmentation of the army
Mr. John McKinley of New York is desirous of being enrolled
amongst the defenders of his country and for that purpose
solicits a commission in the army.
Mr. McKinley commanded an uniform company in New
York — is an enterprising, patriotic and respectable man and well
qualified for a station in the army and I do chearfully recom-
mend him accordingly.
The Honl. William Eustis.
STATE HISTORIAN. 385
THE GOVERNOR SUGGESTS A GENERAL SYSTEM FOR REGULARS AND-
MILITIA AND INCIDENTALLY A UNITED STATES DISTRICT JUDGE-
SHIP TO GENERAL PAULDING.
Albany Dec'r 21, 1811,
Dear Sir: Yours of the 13th which came to hand last evening
gave me great satisfaction; for I was really fearful that your
omission to write before was owing to ill health.
Not a single Military paper has been received since the one
which was sent to you, except two applications for the organi-
zation of new uniform companies, which I " dispatched in less
than no time,7' as old Stickler would say.
It is certainly desirable that a national system of discipline
and tactics for the militia and Regulars should be devised and
sanctioned by Congress. Untill something of that kind be done,
we may expect to have a great many ignorant officers in both
corps, and of course some very indifferent troops. I observe
that a member has introduced a resolution calculated to lead
to that measure. Whenever it shall be undertaken, it will
probable produce corresponding alterations in the Militia Law
and in the rules and articles of war. Should this happen to be
the case, would it not be advisable to leave the revisal of our
Militia Law untill next winter, and let it be included in the
second report of the Gentlemen appointed to revise all the
Laws? By that time (the session of 1813) we should be able to
make the provisions of our law harmonise more perfectly with
the amendatory acts of Congress.
Another very important subject requires attention, and I am
pleased to learn that it has already attracted the notice of
Congress — I mean the reorganization of the District Court for
this state. Apropos! Permit me to answer one question by
386 ANNUAL REPORT OF THE
asking another. Suppose the salary to be 5000 Dollars, as it
ought to be, what kind of a district judge would the adjutant
General of the largest state make?
The Honbl. William Paulding, Jun'r.
P. S. I forgot to thank you for the National Intelligencer.
Since writing the preceding letter, yours of the 16th has arrived
with an additional Intelligencer.
THE GOVFJRNOR WILLING TO SUPPLY CAPTAIN MOUNT WITH NINE
POUNDERS.
Albany, Dec'r 21, 1811.
Sir : Your communication of the 3d instant came to hand last
night, and it afforded me great satisfaction to learn the pros-
perity of the company and their patriotic disposition to devote
themselves to the service of their country in times of difficulty
and danger.
The only field pieces, which remain in the Arsenals, fit for
Light Artillery are nine pounders; and it is not probable that
there will speedily be in the Publick Stores any of smaller
caliber. If you choose to take nines, by making me acquainted
with that determination, the commissary shall be forthwith
directed to deliver them to you.
Capt. John S. Mount.
THE. GOVERNOR RECOMMENDS THOMAS EARLE FOR A REGULAR ARMY
COMMISSION.
Albany, 21 Dec'r, 1811.
Dear Sir : Your recommendation of Mr. Earle, for an appoint-
ment in the army, and a letter from Major McClure on the same
subject, were Received last evening.
STATE HISTORIAN. 387
Not being personally acquainted with Mr. Earle, 1 take the
liberty of enclosing to you my letter in his behalf, which I will
thank you to give him. Be pleased to accept an assurance of
my greatest respect and esteem.
Clarkson Crolius, Esq'r.
Albany, Dec'r 21, 1811.
Sir: Mr. Thomas Earle, of New York, is recommended to me
by Major McClure, commandant of the Battalion of Republican
Greens in New York, of which Mr. Earle is at present a member,
and by Clarkson Crolius, Esq'r.
In the assurance of those Gentlemen of his good reputation
and standing in society, I have implicit faith, and therefore
unite in recommending Mr. Earle for an appointment in the
army of the United, States.
I am, sir, with much respect Your Ob. St.
Daniel D. Tompkins.
The Honbl. William Eustis.
THE GOVEiRNOR RECOMMENDS MR. SWARTWOUT OF NEW YORK FOR
THE ARMY.
Albany, Dec'r 21, 1811.
Sir: Mr. S. Swartwout of New York informs me that he
intends shortly to visit Washington in the hope of procuring an
appointment in the Army. The high estimation in which I hold
the character of Mr. Swartwout for enterprise, talents and mili-
tary qualifications induces me to solicit your favourable notice
of his application.
It would be insincere in me to conceal my entire disappro-
bation of a short period of his past life; but, allow me at the
same time to say, that personal attachment and the ardour of
youth are in his case palliatives so powerful as to make that
regretted instance of indiscretion scarcely discernible through
the many estimable and distinguishing qualities which he really
388 ANNUAL REPORT OF THE
possesses. Had I the controul of appointments, there are few
young gentlemen to whom I would more willingly confide a
Military command than to Mr. Swartwout, and, should he-
prove successful in his intended application, I venture to assert
that he will discharge the duties of a military station with
fidelity and usefulness.
The Honbl. William Eustis.
CAPTAIN MOSELEY COMPLIMENTED.
Albany, Dec'r 30, 1811.
Sir: I am this day honored with your communication of the
4th instant, announcing the patriotic resolution of the Onondaga
Rifle corps under your command, to devote themselves to the
defence of their country should hostilities commence with any
Foreign nation or a resort to arms become necessary.
It will give me sincere satisfaction in such event to avail our
country of the services of the enterprising troops under your
command: and whenever there may be a call for actual service,.
I shall be mindful of the tender they have made.
Be pleased, sir, to convey to the corps my high estimation of
their Military and patriotic zeal and accept an assurance of my
great regard for yourself.
Capt. Charles Moseley.
THE GOVERNOR TO MRS. VALLEAW IN BEHALF OF HER SON WITH
MILITARY ASPIRATIONS.
Albany, Deer. 30, 1811.
Madam: I must confess that at the moment of receiving
your letter, the recollection of our former acquaintance had
STATE HISTORIAN.
380
-escaped from my mind but revived upon a few moments
reflection.
It affords me sincere satisfaction to be enabled to testify a
continuance of my respect and esteem by a compliance with
the request contained in your letter of the 14th instant.
The enclosed letter to the secretary of war in behalf of your
son will I hope be satisfactory and prove successful.
Mrs. Elinor Valleaw.
Albany, Dec. 30, 1811.
Sir: I have been furnished with satisfactory testimonials of
the good character and habits of Mr. John Valleaw, of the city
•of New York, and beg leave to recommend him to your notice
for an appointment in the army. I am convinced that he will
acquit himself, if honored with a commission, with reputation
-and to the satisfaction of his country.
I am, sir, respectfully Your Ob. Sev't.
Daniel D. Tompkins
The Honbl. William Eustis.
-THE GOVERNOiR ESPOUSES THE MILITARY AMBITION OF GEORGE
HODGSON.
Albany, Dec'r 30, 1811.
Sir: Enclosed is a letter to the secretary of war requested
by yours of the 7th of December recently handed to me.
I am, sir, with esteem Your Ob. Sv't.
Mr. George Hodgson.
Albany, Dec'r 30, 1811.
Sir: Mr. George Hodgson is at present an enterprising and
reputable officer in the New York Brigade of Artillery. He is
desirous of serving his country by bearing one of her swords
in the event of war. His age, intelligence and character qualify
him for an appointment in the contemplated augmentation of
the array and I beg leave to unite in recommending him for a
^commission therein.
I am, Sir, respectfully, your obt. servt.,
Daniel Tompkins.
The Honbl. William Eustis.
390 ANNUAL REPORT OF THE
GOVERNOR TOMPKINS INDORSES LUDLOW DASHWOOO's AIMS TO BE A
PURSER IN THE NAVY.
Albany, Dec. 30, 1811.
Sir: Ludlow Dashwood of the late firm of Daniel Ludlow
& Co. has communicated to me through a friend his wish to
obtain the office of Purser in the navy.
My acquaintance with Mn. Dash wood is slight but intimate
with many of his connections and friends. From their assur-
ances and my own personal knowledge I venture to recommend
him to your notice for the appointment which he is solicitous
to obtain.
'-•-' „. ._- . Ti.-— .;_;;_ ' • t > s
The Honbl. Paul Hamilton.
THE GOVERNOR INDULGES IN GENERAL AND MILITARY GOSSIP.
[Private] Albany, Dec'r 30, 181L
Dear Sir: Your letter of the 18th* has been duly received^
Under your frank the National Intelleger [Intelligencer] has
arrived regularly and this day I am favoured with the report
of the Secretary of the Navy, for all which as in duty bound
I shall ever pray &c.
Instead of supposing that my friend Silvanus's errand was
connected with the great national concern to which you allude,
1 was puzzling my brain to make a decision between two other
*City of Washington, 18 Dec'r, 1811.
Dear Sir: I have had the honor of receiving your Excellency's letter of the 10th
instant and will not forget our friend the Major.
The story related in a Jersey paper respecting our learned friend, the Doctor is alas
but too true! It was not until a gentleman on board the packet enquired for the
other moiety of the sage, that it was discovered Mrs. had been left on the wharf at
Philadelphia. Don't make use I pray your Excellency of this incident to deprive at
this critical moment the country- of the aid of the Doctor's great military talents.
On the supposition that your Excellency did not receive the Intelligencer I have
regularly forwarded to you that print. Our friend Silvanus Miller is here. Genl.
Cortlandt is expected &c. They no doubt have in view the support of the pretensions-
of the Great Canal to the patronage of Congress.
Your friend, Wm. Paulding, Junr.
STATE HISTORIAN.
391
objects which appeared to me to be equally probable. The
Quere in my mind was this — has he gone to Washington to get
his oldest boss, Judge Ogilvie, appointed District Judge, or has
he proceeded there merely to take charge of his wife's sister,
during the mental absence of the Sage of Plandome? Should
I be. out on both points, then I shall, hereafter, abandon and
renounce all pretensions to form any probable conjectures
about the objects and schemes of individuals at Washington.
Indeed, independent of such disqualifications such conjectures
by a man who has never breathed the air of court, must needs
be very shallow-pated !
We have nothing of news here worthy of being communi-
cated. I have given a fine Harvest to the Albany taylors &c
by inviting all the General, Brigade, Field and staff officers
within the city and its environs to attend me, in uniform and
on horseback, to church on New Years day. Capt. Humphrey's
troop of cavalry have volunteered an escort. Scarcely a Briga-
dier General or Brigade staff officer was equipt — when I issued
the invitations, since which time there has been as much com-
motion amongst them as if they had been attacked unawares
by the Indians. Bye the bye, if the cold continues as intense
as it is now, I shall pay for the frolick.
Since I wrote you. last, I have seen Mr. Woodworth, who
tells me the Revisors will report all the Laws this winter, and
it is, therefore, necessary for us to be prepared with the Militia
Law. Should it be perfectly convenient to send me the annual
inspection return by the day the Legislature meets it will be
gratifying. Would it not be well to specify the delinquents on
the first of December and take the return of last year for
392 ANNUAL REPORT OF THE
defaulting Brigades? But upon that subject you are the best
Judge.
The Honbl. William Paulding, Jr.
ON MILITARY AND FAMILY CONCERNS TO COLONEL MACOMB.
Albany, Dec'r 30, 1811.
D. Sir : I gave orders for your check to be charged to me when
it arrived; it had not been sent up on Monday last.
I am sorry that the Sofas could not have got up before the
ice closed the Eiver. The weather is and has been for some
time so extremely severe that I entertain very little prospect of
getting them up before Spring and then they will be useless
/
to me.
Mr. Phipe promised to have them done in one week and send
them up, and it was only on that condition I engaged them.
He may of course sell them, unless he will undertake to send
them here at his own risk and expence. You must not suppose
that your recommendation to*' me of persons who are desirous
of obtaining appointments in the army are unwelcome, but as
I had never seen Sprowls or Fink to my knowledge, it was my
desire to obtain the requisite information before I wrote in their
favour; and as I presumed you would have occasion to write in
behalf of others also, I took the opportunity of that answer to
lay down the general qualifications with which I wished you to
acquaint me in your future letters.
Your last mentions Dashwood Ludlow for a Purser in the
navy. I think you have reversed the name and accordingly I
have recommended Ludlow Dashwood. But should I be mis-
taken and you correct I will thank you to return it to me and I
will send one for Dashwood Ludlow.
STATE HISTORIAN. 393T
lYour last letter mentions certain good qualifications in
Sprowls and Fink. I have, therefore, enclosed a letter in their
behalf.
But I would thank you to consider both these recommenda-
tions confided to you, according as you may upon enquiry have
found the moral character of the three within named Gentlemen
to be.
You ,may if you please draw" a check on the State Bank for
the amount of the money you have paid for me and send me
seasonable notice so that I may deposit to meet it in season.
At the same time send me Haight's bill and the receipt for the
post office bill which will be charged to the state. The former
of these Mils is what old Jacobs would call " a swheater."
Little Minth'orne continues to be troubled with the Humour he
liad at New York, which I fear is the Salt Rheum. He is, how-
ever, otherwise well and so are all the rest of the family.
Mrs. Tompkins presents affectionate regard to Mrs. Macomb
to whom be pleased also to present my respects.
Col. Macomb.
P. S. If I am to look to you for the annual Militia return,
let me have it if possible before delivering my speech. The
report of the commissioners of the school fund I expect of course
before that time. Send me Pikes Tour or bring it with you when
you come up to attend a meeting of the comm'rs — add the
Christian names of S. and Fink.
THE GOVERNOR TO JOHN COOKE IN REGARD TO HIS ARTILLERY
ORGANIZATION.
Albany, Dec'r. 30, 1811.
Sir: I have received your several communications relative to
the organization of a new company of artillery in Col. Fleet's
'
394 ANNUAL REPORT OP THE
Regiment. His consent or return in writing is an indispensable
preliminary to such a measure.
I wrote so to Col. Macomb immediately after receiving your
first communication and authorized him to issue an order upon
that preliminary being complied with and I presume he has given
that information to you.
It is perhaps proper for me also to apprise you that the
Returning officers of the New York Artillery have heretofore
declined to return any officers of a new company, which may
come into the artillery, for any commission above that of a
second lieutenant, and that if that practice be still persisted
in you would only be returned and commissioned as second lieu-
tenant, although I should now brevet you as Captain.
Jno. Cooke, Esqr.
COLONEL FITZGERALD RECOMMENDED BY THE GOVERNOR FOR THE
REGULAR CAVALRY.
Albany, Dec'r 30,. 1811.
Dear Sir: Col. Edmond Fitzgerald, commanding the cavalry
Regiment, comprehended in Saratoga, Washington, Essex,
Clinton and Franklin Counties, is desirous of obtaining an
appointment in the cavalry of the United States. He is a good
militia officer and a good Republican Patriot. He commanded
a troop in Saratoga County in 1807, and was amongst the first
to volunteer with all his corps in the detachment then ordered.
He is a very worthy man and I think well fitted for the
station to which he aspires, which is that of a Major in the
United States Cavalry. Judge Pond must be acquainted with
Col. Fitzgerald to whom I will thank you to speak on the
subject.
Gen'l German
STATE HISTORIAN. 395
THE GOVERNOR TO THOMAS ADDIS EMMET TOUCHING A LEGAL
MATTER.
Albany, Dec'r 30, 1811.
Dear Sir : The day before I left New York I delivered to Mr.
Harris the bonds and mortgages of Mr. Charles Smith to
Mr. Morris and myself, as guardians &c. to enable Mr. Harris
to frame certain instruments which Mr. Smith directed to be
drawn. On the day of my departure I sent for them but Mr.
Harris was absent from the office. As they are of great
importance I shall esteem it a favour if you will bring them
to this place in January Term.
Our friend General Gray has had a sad time of it since he
returned from New York. I have just visited him and find him
recruiting very fast.
Thos. A. Emmet, Esqr.
THE GOVERNOR SUGGESTS TO THE SECRETARY OP WAR THE
PROPRIETY OP LAYING IN A LARGE SUPPLY OF POWDER
IN THE CHAMPLAIN DISTRICT.
Albany, Dec'r. 30, 1811.
Sir: Messrs. McKinne and Bancroft of the Town of Moreau
in Saratoga County, have erected a powder manufactory and
had provided a large quantity of Salt Petre to employ their
works, but, the non importation act prevents their bringing
it from Montreal where it was purchased. Their works are
on the Hudson only eight miles from Fort George on Lake
George, and eighteen from Whitehall on Lake Champlain.
About eighty five miles is the distance to the St. Laurence.
They profess to manufacture of an equal quality with the
Brandywine Mills and are willing proof shall be made of the
quality and strength of all they manufacture before it is
received.
'
396 ANNUAL REPORT OF THE
It occurred to me that the present aspect of affairs would
make it desirable for the United States to have a quantity of
powder in the direction of Lake Champlain, without occasion-
ing the alarm which the transportation of a considerable
quantity from New York, or from this place would create; and
I, therefore, undertook to address a line to you in their behalf
-to ascertain whether the Government would be willing to-
employ them in the manufacture of materials of which I am
informed you have an abundant supply. Will you be so kind
as to favour me with an answer upon the subject which I may
communicate to them.
Should the state of things induce you to forward towards
Canada any portion of the arms and ammunition of the United
States, it may be done during the sleighing in winter with less-
notoriety and alarm, and with equal safety, and I believe with
less expence, than in summer. This will certainly be the case
in the direction of Lake Champlain. Allow me to repeat my
offer to the United States of the use of our Arsenals at Platts-
burgh, Essex, Rome, Watertown, St. Lawrence County, Onon-
daga and Canandaigua free of expence.
The Honbl. William Eustis.
THE GOVERNOR DECLARES MEMBERS OP CONGRESS ARE WISER AT
WASHINGTON THAN AT HOME, AND EXPLAINS WHY.
Albany, Dec'r. 31, 1811.
Dear Sir: I received your letter by the mail of last evening. -
I suspect you must have entertained the same notion which
for some time possessed my mind — That members of Congress
and officers of the General Government are wiser there, than
when at home or in the Legislature of State. It is almost as-
STATE HISTORIAN. 397
natural to form that conclusion as it is to presume a boy, who
is in the senior class of college, knows a great deal more than a
Freshman. Upon mature reflection I have made up my mind
that by going to Washington men do not become much wiser
because my experience has shewn me that they do not become
much better, which would be an inevitable effect of an increase
of wisdom. Although, therefore, I am sorry for your disap-
pointment in not finding sufficient cause for your profound
reverence yet I am not much surprised at it.
Did I know in what way I could be further serviceable to
Phenix & Co. it would give me pleasure to pursue it. I rather
incline to the opinion that the reorganization of the District
Court and the appointment of an industrious, healthy and
learned judge of the District such as may be found at Wash-
ington (Paulding, yourself, and Parker) or may be picked up in
this state, will furnish as speedy a remedy as any that is prac-
ticable under existing circumstances.
Tomorrow will be a busy day for me. I have concluded to go
to church on horseback; and it being intensely cold, and more-
over cloudy, and indicating a severe snow storm before morn-
ing, I begin to apprehend that I shall pay for the whistle.
I am, D'ear Sir, Your friend & S.
Silvanus Miller, Esq'r.*
THE GOVERNOR NOTIFIES COMMISSARY MCLEAN OF HIS INTENTION TO
SEND HIM .TEN THOUSAND DOLLARS.
Albany, Dec'r 31, 1811.
D Sir: By the mail of Thursday next I shall send you a
check on the New York Bank for 10,000 Dollars, 7500 to pay the
•Silvanus Miller, Surrogate of New York, August 8, 1801, to April 6, 1807; February
S, 1808, to March 20, 1810, and from February 19, 1811, to February 13, 1821. Member of
Assembly 1808 from New York.
398 ANNUAL REPORT OF THE
bills you sent me & 2500 for D. Bullus & Co. on account of
the contract for powder, for which you must take the receipt
of Dr. Bullus, young Decatur or Mr. Rucker, who I understand
compose the firm. The poverty of the Treasury and not any
unwillingness on my part has been the cause of delaying so
long to send you the money. I shall expect your report by the
day the Legislature meets, as I wish to lay it before them with
my speech. Your son is well. Please to present my respects-
to Mrs. Maclean.
John McLean, Esqr.
GOVERNOR TOMPKINS INTRODUCES COLONEL JASPER WARD TO MR.
SECRETARY HAMILTON.
Albany, January 3, 1812.
Dear Sir : I could not determine from your letter what kind
of agency you had in view and, therefore, have worded my let-
ter to the secretary in general terms as to the object of your
intended application. I take it for granted that you did not
allude to the office of navy agent which is at present filled satis-
factorily by D. Bullus, for whom I have great regard and
esteem, and to whose removal or injury I would by no means
contribute.
Colonel Jasper Ward.
Albany, January 3, 1812.
Sir: Col. Jasper Ward of the city of New York has intimated
to me by letter his intention of soliciting from the General Gov-
ernment an agency under your department, which agency it is
expected will be created by the contemplated act of Congress
to increase the navy.
With the precise import, however, of the agency to which
his letter refers I am not made acquainted. My knowledge of
Col. Ward from his youth enables me to say, that he is the son
of one of the most enlightened and firm revolutionary charac-
ters of Westchester County, is a Gentleman of respectability in
STATE HISTORIAN.
the city of New York where he resides, has administered several
civil and military offices there with credit and usefulness, and
is and always has been a decided republican.
I, therefore, chearfully recommend him to your notice and to
the patronage of Government. I need not hardly mention that
this communication is not intended to have any reference to the
office of navy agent which is at present filled by an incumbent
for whom I entertain great friendship and esteem both as a
gentleman and publick officer.
The Honbl. Paul Hamilton.
THE GOVERNOR PAYS A POWDER CONTRACT ACCOUNT.
Albany, January 3, 1812.
D Sir: I now enclose you two checks on the Bank of New
York, the one for 7500 Dollars to pay the account with vouchers
which you sent to me and the other to advance to Bullus, Rucker
& Co. on account of the powder contract. For the latter you
must take duplicate receipts and send them to me as soon as
possible.
John McLean, Esqr.
TREASURY PAYMENTS HELD UP BECAUSE OF THE FAILURE OF A
LOTTERY TICKET FIRM.
Albany, January 4, 1812.
Gentlemen: I should have instantly made the remittance
mentioned in your letter of Nov. 30* had it not happened that
the Treasury was at that time considerably exhausted by the
heavy drafts which had been made on it recently in conse-
quence of the failure of Naphtale Judah and others, purchasers
of tickets in the last State Lottery, and in consequence of the
•New York, Novr. 30, 1811.
Sir: Having made a purchase of a quantity of Saltpetre we will now accept of the
advance which you offered us and will thank you for a remittance of three or four
thousand dollars.
We have the honor to be very respectfully Your Ob. Servants.
Bullus, Decatur & Rucker.
His Excellency Daniel D. Tompkins.
£00 ANNUAL REPORT OF THE
calls for Military purposes &c I was, therefore, compelled to
wait untill the first instant for it to be sufficiently replenished.
OBy the mail of last night I remitted to John McLean, commis-
.sary of Military Stores checks on the New York Bank for ten
thousand Dollars, Two thousand five hundred of which he is
^directed to pay to you.
JBullus, Decatur & Rucker.
THJB GOVERNOR REQUESTS COLONEL CURTENIUS TO FORWARD A BOUND
CENSUS RETURN.
Albany, January 4, 1812.
Dear Sir: I have been furnished by Mr. Monroe, Secretary of
State, with a return of the enumeration of the inhabitants of"
the United States. If you have had the return of the number
in the several towns of this state printed, I will thank you to>
send me a copy by mail, which may be bound with the General
or aggregate Return, by counties, of the United States. If you
are not possessed of a printed copy be pleased to let me know
whether a manuscript copy can be procured for print, should
the Legislature direct the publication of the enumeration in the
several towns?
Col. Curtenius.
A TEMPESTUOUS NEW YEAR'S DAY FOR THE GOVERNOR AND MILITIA
TO ATTEND CHURCH.
Albany, Janu'y 4, 1812.
D Sir: Yours of the 30th Deer, was received by the mail of
last night and the box of raisins came to hand this morning.
The pardon for Peterson is enclosed. I believe Mr. Gahn was
willing to have a condition that he should leave the country
inserted in Peterson's pardon. Not being certain of that, how-
STATE HISTORIAN.
401
ever, I have sent an unconditional pardon and will rely upon
Mr. Gahn to send him off provided that was his understanding
and intention when I was applied to in New York.
With the pardon please to convey to Mr. Gahn an assurance
of my sincere friendship and esteem.
Mrs. Toinpkins and myself are rejoiced to hear of Mrs. Ma-
comb's better health, and present our sincere regards to her and
yourself with the compliments of the season. I invited all the
General, Field and staff officers of Divisions, Brigades and regi-
ments in and near this city to assemble at my quarters at ten
o'clock on New Years Day to go to church on horseback; every
delinquent officer equipped himself and was out in uniform.
But the day was so tempestuous and the rain which fell was
frozen into such an universal sheet of ice, that scarcely man or
horse could keep upon legs. A council of war at ten o'clock
decided in favour of sleighs, but several of the officers came up
afterwards and went to church with us on horseback, and on
Doming out of church we found about 20 of a beautiful company
of cavalry waiting to escort us home; which they did in very
correct and elegant style in defiance of the weather. I was
then visited by nearly the usual number of citizens.
Col. Macomb.
P. S. I send another letter to the secretary of war in favour
of Spoull & Fink.
-THE GOVERNOR'S CORDIAL INDORSEMENT OF MESSRS. SPROULL AND
FINK FOR MILITARY COMMISSIONS.
Albany, January 4, 1812.
Sir: Mr. John Sproull and Mr. Jo. L. Fink are anxous for
appointments in the army of the United States. They have,
26
402 ANNUAL REPORT OF THE
heretofore, been appointed officers in the militia of this state
and have raised an uniform company.
They are handsome, ardent young men, possessed of a great
degree of military enthusiasm, and sustaining good moral char-
acters and I, therefore, cordially recommend them for appoint-
ments in the army of the United States.
The Honbl. William Eustis.
GENERAL PAULDING URGES PREPARATIONS FOR HOSTILITIES THEC
RICHMOND, VA., THEATRE HOLOCAUST.
. City of Washington, 29 Dec'r, 1811.
Dear Sir: Publick measures progress here in their usual manner — very slow indeed.
It appears to me from the apparent reluctance with which the leading men of our house-
proceed in making preparations for war, that they are impresed with a belief that
England will, at no very distant period, accede to our just demands. There is never-
theless, in my opinion a settled and firm determination in the administration and in
Congress, to proceed to war with England unless she ceases to violate our neutral
rights. But preparation ought and will, I presume, precede active hostilities.
For this purpose a considerable portion of time must of necessity elapse, from the
nature of our political institutions, which are better fitted for caution and deliberation
than for promptitude and action.
The committee of foreign relations, to whom was referred a bill from the senate to-
raise an additional force of 25,000 men, have proposed to reduce that number to 15,0(H>
non commissioned officers and privates. This Bill as amended, has not yet been con-
sidered by the House of Representatives.
Messrs. Townsend and Parker are here and have received a tender of my services.
Accounts have just arrived at this city of the destruction by fire of the Theatre at
Richmond,* in which were unfortunately consumed the Governor of Virginia and his
lady, and many other of the most respectable inhabitants of that city. The number
of lives lost by this accident it is said exceed forty.
I pray your Excellency to accept the assurance of my sincere friendship.
Wm. Paulding, Jun.
His Excellency Governor Tompkins.
THE GOVERNOR RECOMMENDS JONAS HOLLAND FOR AN ARMY COM-
MISSION.
Albany, Jany. 9, 1812.
Sir: Mr. Jonas Holland, Inspector of the Brigade of Militia,
which includes Schenectady in this state, feels a disposition to
enter into the regular service. His talents and military qualifi-
cations are highly respectable and he is of good character and
*On the night of December 26, 1811, the Richmond, Va., theatre took fire while
crowded with spectators, of whom upwards of 70 perished— among them the Governor
of the State, George W. Smith. A church known as the Monumental Church was
erected on the site.— STATE HISTORIAN.
STATE HISTORIAN.
40$
standing. He is, moreover, a republican and a zealous Patriot.
I, therefore, take great pleasure in earnestly recommending him
for the office of captain in the Regular Army.
Mr. Holland resides at Schenectady & is about thirty years
old.
The Honbl. William Eustis.
THE DISPUTE BETWEEN MESSRS. FORD AND EDSALL LEADS TO JACOB
BROWN'S PROMOTION AS A BRIGADIER GENERAL THE GOV-
ERNOR'S EXHAUSTIVE REVIEW OF THE CASE.
Albany, January 13, 1812.
Sir: It was out of my power to answer your letter received
in October last fully and accurately until my arrival at this
place where were your former letters and the records of the
council.
My first knowledge of your pretentious to command the St.
Lawrence Regiment of Militia was derived from your letter of
the 13th of September 1807. Upon the receipt of that letter I
made enquiry into the business and found that the Council of
Appointment, had in the original organization of the St. Law-
rence Regiment, appointed Edsall, first Major, and you second
Major, and that both of you had qualified and had served for
one or two years in those respective stations. Upon the death
of Lieutenant Colonel Turner, Edsall became entitled to that
promotion. In the winter 1807, however, the Council appointed
you Lieut. Col. over his head. But at the June session of the
same Council they ordered the Secretary to retain your commis-
sion. The object of your letter above mentioned was to request
me to order the Secretary of State to send on that commission,
404 ANNUAL EEPORT OF THE
notwithstanding the direction of the Council to the contrary.
With this request of yours, I decline to comply, for reasons
which I presume were perfectly satisfactory to you. In the first
place, I had just come into office and had received no informa-
tion from my predecessor or the members of his Council of the
motives which induced them to direct the detention of your
Commission. In the next place had I known the real cause it
would have been an unwarrantable assumption in me to attempt
to controul the Secretary in relation to duties prescribed by
Statute, in performance of which he was totally independent of
my authority, and for the neglect of which he alone was respon-
sible. Besides I was invested with no power of enforcing a com-
pliance with my order in case of disobedience on the part of the
Secretary; and it would, therefore, have been indiscreet and
absurd in me to have issued an illegal nugatory order of the
import which you requested. Lastly — The examination of the
papers on file, enabled me to conjecture the causes which oper-
ated upon the Council to withold the commission, which as far
as I could then ascertain them from the papers, appeared to be
satisfactory. They were these: Major Edsall being command-
ant of the Regiment upon Turner's death, did in the winter of
1807 make a return for promotions and appointments. This
return was signed by you also, and requests the Council to pro-
mote the field officers according to right. This return is now
before me and it appears by an endorsement in the handwriting
of Solomon Van Rensselaer, then Adjutant General, that the
Council refered it to Judge Ford. A very extraordinary refer-
ence to be sure! considering that Judge Ford was civil officer only
and was moreover brother of the Second Major: but the refer-
ence very naturally accounts for the appointment of that Second
STATE HISTORIAN.
405
Major over the head of the First Major. The result of the
reference accordingly was, that your signature was erased from
the return wherein you had requested the promotions to be
according to what was right and is interlined in the handwrit-
ing of Solomon Van Kensselaer at the head of the return for
Lieut. Colonel. The Council did undoubtedly, as matter of
course make the appointments according to the return after
referring it to persons in whom they then had confidence.
Before their June Session, they had probably been made
acquainted with the palpable violation of Major Edsall's rank
(of which they had been made the innocent instruments) and
believing that they had been imposed upon at the winter ses-
sion, did I presume for that reason, order your Commission as
Lieut. Colonel to be witheld. There is a strong impression
upon my mind that about the time my answer must have
reached you, I received your second letter enclosing and resign-
ing your Major's commission. I cannot at this moment lay my
hands on that letter (perhaps it is filed with the Adjutant Gen-
eral); you must, therefore, understand me to speak of that cir-
cumstance from memory alone.
Judge Ford alledged in 1807, that it was the intention of the
Council originally to have appointed you first Major and Edsall
second Major — that this was prevented by a trick, as he pre-
tended, of Mr. Thorn (which had since been explained) and that
Major Edsall had agreed to submit it to the Council and to be
satisfied with their decision, and in your letter to me you men-
tion the same thing in substance and represent that you sent
your claim, but that Edsall came personally to support hia
before the Council. It was also stated by Judge Ford to Genl.
Martin, that Edsall had agreed to relinquish in your favor.
I
406 ANNUAL KEPORT OP THE
Besides this, in a written communication addressed to the Coun-
cil, Judge Ford declares that Major Edsall came to his house
previously to the return of 1807 — that he, Judge Ford, stated to
him there in your presence, the trick which Mr. Thorn had
played, and that Major Edsall said "that under those circum-
stances he was willing to relinquish." On the contrary, the
violation of Edsall's rank was complained of and Judge Ford's
representation denied, and what appeared very strong in favor
of the accuracy of Edsall's friends on that point, was that if he
had relinquished his claim to promotion to you before the win-
ter of 1807, he would scarcely afterwards have made the return
which I have before mentioned, and you would hardly have put
your name at that time to that return under his and as his
subordinate officer. In addition to this, it was represented to
me by persons whose veracity cannot be questioned, that in the
fall of 1807, the Brigade Major informed Major Edsall, Genl.
Martin had told him of a representation by Judge Ford, that he
(Edsall) upon being made acquainted with the conduct of Mr.
Thorn had agreed to relinquish his claim to be Lieut. Colonel in
your favor. The truth of that representation Edsall denied, and
called upon Judge Ford to point out the time when and the place
where he had ever expressed a willingness of that kind. That
Judge Ford did there in the presence of the Brigade Inspector
and others disavow that he had ever said anything of the kind
and declared that one who said he had, was a damned liar. I
have been so minute as to quote the very words of one of Judge
Ford's communications to the Council to convince you, if the
Judge did deny or take back before Edsall's face what he had
formerly said behind his back, that it is not the less true that
he had made such representation, for I now have it before me
STATE HISTORIAN. 407
In black and white over his own proper signature with these
statements, denials and contradictions; the business came
before the Council of 1808 & 1809 who deemed it the safest and
most equitable course to resort to and be governed by evidence
which could not be equivocal — the written documents and the
records of the Council. It appeared by them that the first
Major's commission of Edsall & your second Major's commission
were the first and only ones either of you ever held in the
militia of this State — that you had qualified to and officiated
under those respective commissions, from the organization of
the Regiment to the winter of 1807, and that then you had been
appointed Lieut. Colonel of the Regiment over the head of your
senior officer in manifest violation of his feelings, his legal rank
and Military usage. The Council of 1809, therefore, superseded
you and restored Edsall to his rights.
The regiment remained in that situation until 1810, when the
Council of that year, influenced as I presume by the repetition
of your brother's statement (which it is alledged lie disavowed
when Edsall challenged him with it) removed Edsall and
appointed you Lieut. Colonel a second time. Last year (1811)
the business again came before the Council when it appeared
on the one side that there were objections to the restoration of
Edsall not connected with his legal rank and claims, and on the
other hand it was evident that you had been twice advanced
over his head in derogation of Military rank: and it did not
seem just that you- should profit by or retain the benefit of that
wrong. Besides, the disputes and controversies between Edsall
and yourself, and your alternate removals and restorations,
had prevented the Regiment from training at all one year, and
had kept the Militia of St. Lawrence County during the whole
408 ANNUAL KEPORT OF THE
time in an unsettled, undisciplined, disorganized state, at a time
too when the public safety and good, imperiously demanded
more than ordinary attention to the improvement and discipline
of the Militia in frontier Counties. Under the above circum-
stances the Council of 1811 judged it to be prudent and most
conducive to the advancement of the peace [and] prosperity of
the Regiment, to dismiss both of you, and accordingly removed
you and omitted to reappoint Edsall, by means whereof the Regi-
ment has devolved upon gentlemen not liable to objection nor
implicated in the dispute which had kept the regiment in a fer-
ment for nearly four years, and it is represented that the tran-
quility and improvement which were anticipated by the Council
have followed this last arrangement.
It must be obvious to you that no personal or party considera-
tions could have influenced the Council in making the last men-
tioned arrangement, because you were unknown by all the mem-
bers, and because your successor Col. Benedict is, as I am
informed and believe of the same political principles with your-
self and equally decided and influential. It was truly a measure
dictated by the unhappy continuance of a controversy, in which
you and your brother were the first aggressor, by procuring your
promotion to the command of the Regiment to the insult and
injury of your acknowledged superior officer.
I am as much opposed to indirect removals, in crowding men
out by the violation of their rank, as you are; and should not,.
therefore, have consented to appoint Col. Brown a Brigadier,
had you then been in office. But the Council had determined
on your removal previously & they intended to face the responsi-
bility of a direct supersedeas. If you have not been served with
one hitherto, it is owing to some mistake or neglect at the Sec-
retary's office which shall be remedied.
STATE HISTORIAN.
409
By declaring the decisions in 1808 & 1809 & 1811 to have been
made by the Council, I do not intend to screen myself from a
participation in the responsibility of those proceedings. On the
contrary, I frankly avow that I not only acquiesced in and
approved of them, but advised them ; and I am not without hope
when you divest yourself of the feelings and impressions which
those proceedings unexplained may have made upon you, and
dispassionately review the whole state of the case as it was
exhibited to us and as I have now fully and impartially detailed
it to you, that if you do not approve, you will candidly admit that
there are no just grounds to condemn our measures.
David Ford, Esquire.
GUIJLFORD D. YOUNG RECOMMENDED BY THE GOVERNOR FOR A
COMMISSION AS MAJOR IN THE ARMY.
Albany, January 13, 1812.
"Sir: Mr. Guilford D. Young of Troy was about two years
since recommended for a Major in the army as will appear by
the papers on file in your office. His disposition to devote him-
self to the service of his country in a military capacity still
continues. I, therefore, beg leave to refer you to his former
credentials & to repeat my wish that his application may be
.successful!.
The Honbl. William Eustis.
Albany, January 13, 1812.
D'p Sir: Mr. Youngs has brought me a letter from P. G.
Hildreth, Esqr. mentioning that Mr. Y. is desirous of obtaining
the appointment of Major in the Army, & declaring his opinion
that he is qualified for the station & his wish that he may sue-
410 AifxuAL KEPORT OP THE
ceed. I am not personally acquainted with Mr. Youngs &, there-
fore, am unable to speak of his Military qualities, moral char-
acter or fitness for the office, otherwise than from the above
mentioned letter & from his personal appearance which is pre-
possessing. He informs me that he can procure ample creden-
tials on those points in New York, and I have given him this
letter of introduction to you, to the end should he shew you
satisfactory testimonials as to character, he may be benefited
by your introduction & recommendation of him to the notice
of Government.
The Honbl. Wm. Paulding, Junr.
THE GOVERNOR AND THE COMMISSIONERS OF THE LAND OFFICE,
Albany, January 13, 1812.
Gentlemen: Your communication under date of the 4th inst.
came to hand last evening. It will be observed that the act
passed 11 April 1808* requires the Surveyor General to lay out
the land to be sold for the purpose therein mentioned under
the direction of the commissioners of the land office; although
the Governor is nominally a member of that board, he is by
law excused from personal attendance and has not, therefore,
been notified of or attended its meetings, with one or two excep-
tions for ten years past.
* Sir, By an Act of the Legislature passed April 11, 1808, the Surveyor General was
required under the direction of the Commissioners of the Land Office to lay out so
much of the unappropriated lands of the state as in his estimation should produce a
sum not exceeding one thousand dollars and should sell the same after the expiration
of two years from the passing of that act and under the direction of your Excellency
apply the proceeds to the erection of a monument over those American citizens who
perished in the Jersey prison Ship.
Having been appointed a Committee by Tammany Society to enquire of your Excel-
lency whether the appropriation and sale of land had been made we would respectfully
request of you information on the subject as the Society is extremely desirous that the
object of the act should be speedily accomplished.
We are sir with sentiments of the highest respect, Your Obedient Servants,
Alp's Sherman, Wm. J. Waldron, Garret Sickles, Peter Embury.
His Excellency D. D. Tompkins.
New York, January 4, 1812.
STATE HISTORIAN.
411
I'pon receipt of your letter, I addressed a line to the Surveyor
General upon the subject, who in answer, informs me that the
attention of the commissioners has not, heretofore, been called
to the duty prescribed by said act. A copy of his answer is
enclosed.
So soon as I shall be advised by him of the sale of the land:
and of the receipt of the one thousand Dollars, I shall promptly
discharge my duty by directing its immediate application to the
object contemplated by the Legislature.
Alpheus Sherman, Wm. J. Waldron, Garret Sickles & Peter
Embury, Esquires.
THE GOVERNOR ASSISTS THE MILITARY AMBITION OP HUGH R. MARTIN.
Albany, January 13, 1812.
Sir: Mr. Hugh R. Martin of Schenectady intends to present
himself as a candidate for the army. He is a young gentleman
of good character & standing in Society, of moral and amiable
deportment and of the age, figure and military qualifications
calculated to make him a useful and dignified officer. I, there-
fore, cheerfully recommend his application to the favorable
notice of Government.
The Honbl. William Eustis.
THE GOVERNOR BRINGS THE YOUNG GENTLEMAN TO THE ATTENTION
OP UNITED STATES SENATOR GERMAN.
"Albany, January 13, 1812.
Dear Sir: Mr. Martin, with whom I believe you are slightly
acquainted, proceeds to Washington in a few days to present
himself as a candidate for an appointment in the Army. His
private character, respectable standing in Society and Military
appearance and qualifications induce me warmly to recommend
412 ANNUAL REPORT OP THE
him to your friendly assistance and advice in the pursuit of the
object of his mission.
The Honbl. Obadiah German.*
THE GOVERNOR RECOMMENDS DR. ADAMS FOR A COMMISSION AS
SURGEON IN THE ARMY.
Albany, 13 January, 1812.
Sir: The recommendation of Dr. Alpheus Adams, of the City
of Hudson, for the office of Surgeon in the army, signed by the
Mayor and other respectable Republicans of that City, was I
think forwarded by me to your Department in November or
December last. As some doubt, however, exists in my mind
upon that point, in consequence of the papers having been
handed to me at the moment of my departure from the City, I
beg your indulgence for troubling you now with an assurance
that Dr. Adams sustains a good, moral, political & professional
character and is in every respect suitable for and worthy of the
station he solicits.
The Honbl. William Eustis.
THE GOVERNOR SHOWS THAT LEGISLATIVE CONDITIONS ONE HUNDRED
YEARS AGO WERE SIMILAR TO THOSE OF TO-DAY HE FORE-
SHADOWS HIIS PROROGUING THE LEGISLATURE.
Albany, January 13, 1812.
Dear Sir: The manner in which the building of the Arsenal
at Elizabeth Town, Essex County, has been conducted has com-
* Obadiah German was born in D.utchess County, New York, in 1767; received an
academic education; removed in 1792 to Norwich, Chenango County, New York; was
a member of Assembly in 1798, 1804, 1805, 1807, 1808, 1809; elected a United States
senator from New York as a Democrat, serving from May 22, 1809, to March 2, 1815;
voted against declaring war with Great Britain, but, after hostilities had been com-
menced, did all in his power to support the war measures of the administration; again
-elected a member of Assembly in 1819, and chosen speaker; was for some years first
judge of Chenango County, loan commissioner, and brigadier general; became a zealous
Whig; died at Norwich September 24, 1842.
STATE HISTORIAN.
pelled me to send Mr. Chauncey Humphrey there to examine the
buildings and adjust the title and Accounts with Mr. Frisbee.
After he had got so far, I thought it was as well for him to pro-
ceed to Plattsburgh to receive from you and convey to me any
recommendation which you may feel disposed to make relative
to the adequacy of the supply in your quarter in case of hostili-
ties with great Britain — relative to the state of the property in
the Plattsburgh Arsenal — relative to the state and discipline of
the Militia in that direction & their equipments, relative to any
objects of importance touching the means and course of defence
or actual warfare upon an emergency, and relative to such other
matters of security as may require my attention or that of the
Legislature.
With respect to the vouchers which Mr. Delance mentioned to
you as wanting to substantiate my accounts at Washington, I
can only say that Mr. Simmons or Mr. Brent informed me they
were wanting. But upon sending on Col. Livingston one of my
aids in December to adjust the accounts without any additional
vouchers, behold everything was found to be satisfactory and
my dues allowed without one cent deduction. It only cost me
one hundred Dollars to send on an agent to settle them in addi-
tion to the Int. of my money, postage, vexation &c. But I con-
sider the patience I have been taught, and the experience I have
acquired from that unpleasant protracted cavilling about my
accounts, constitutes a fair offsett to my pecuniary loss and so
I take my leave of obstinate Will Simmons, the Accountant.
I perceive that there are number of applications to be made
for Banks this winter, amounting in the whole to about fifteen
millions of Dollars of capital, being more than the capital of all
the existing banks. You may remember, my dear sir, that when
'
414 ANNUAL REPORT OF THE
we were in the Legislature in 1803, many members took the Six-
teen reserved shares and immediately sold them for a profit. of
six Dollars a share. This first learned them the taste for mak-
ing money in that way. I believe you, as well as myself and
others, declined all interference with their shares. I have no
doubt the object of the Directors in receiving the shares in that
case was honourable, but the profit then made gave the mem-
bers a smack of something which has depraved their appetites
ever since. Last year a scene was exhibited in relation to the
Union Bank which so disgusted me and wounded my feelings,
that you must not be surprised if I should conclude to awaken
the slumbering community and dissipate the apathy of their
public agents who are still honest, by exercising the Constitu-
tional right of proroguing the Legislature for sixty days and
throw myself upon my constituents. This will give the mem-
bers an opportunity for reflection, for consulting their Constitu-
ents— for testing public sentiment by an intervening election
and will, moreover, diffuse an useful knowledge and understand-
ing amongst the citizens at large upon the moving cause for
such proroguement. I know that when the pernicious tendency
of Banks is understood by the people at large, and the modern
motives for applying for and granting them are duly appreci-
ated nine-tenths of the Community are opposed to the further
multiplication of them.
Were not the papers muzzled, the common people would have
a chance to become acquainted with the subject. But the out
door association of last year, either by purchasing their silence
or by interesting men in their views who were deemed to con-
troul the respective Republican presses, obtained the incorpora-
tion of the most unprincipled, unpopular, Federal Institution in
STATE HISTORIAN. 415
the Country whilst a deathlike silence upon the subject pre-
vailed with all the Republican Editors. The same ascendency
over those channels of public information may be again perhaps
obtained. As it always happens that success in one enterprise
emboldens attempts at others, some of the Ringleaders of last
year have been busy in arranging the terms and manner of bar-
gaining away other Charters next winter & I am afraid they
will succeed. How humiliating & mortifying to an honest,
upright, devout Republican must it be to learn that a combina-
tion of Individuals, not belonging to the Legislature, can for a
stipulated sum to be divided amongst themselves, or distributed
as they may think proper before its meeting, bargain away the
vote of such Legislature? Yet such things have been, and I
sicken at anticipating that they are again to happen with more
extensive and destructive influence upon the morals of Com-
munity. Were the real motives which govern many of the Mem-
bers disclosed to and believed by the common people, Republi-
can Government & Republican Institutions would not long sur-
vive; for this permanency depends upon the virtue of Rulers and
upon the confidence of the Community at large in that virtue.
Should not a Salem friend of ours have visited and persuaded
friend Arnold during the fall into the faith which the former
has recently held & practiced & should you view the end to
which the Bank mania is propelling us in the same light, I do
[hope] you will render a public service by confirming his reso-
lution before he leaves home against the insidious & unsus-
pected acts by which he will be assailed during the session.
I trust you will excuse the freedom I take in suggesting that
this is intended for your own eye only, that you will with equal
readiness pardon the frankness and length of this letter when
416 ANNUAL KEPORT OF THE
I assure you that my sensibility has been deeply excited by the
cupidity and avarice of Representatives and public officers,
which I have for two years past witnessed to have been grati-
fied in several instances at the expence of violating official obli-
gations of countenancing & partaking in speculation, bribery &
gross immorality; and that the prospect which the recollection
of these things brings across my mind has given me many a
pang.
Please present my affectionate regards to Mrs. Sailly, your
daughters and Captn. Frederick, & receive an assurance of my
great respect and esteem for yourself.
It had almost escaped me to mention, that by concurrent reso-
lutions of last year, the Governor is authorised to purchase of
the St. Regis Indians, their lands lying within this State. But
the danger of exciting unjust suspicions of tampering with them
under apprehension of a rupture with England, has restrained
me from attempting to perform that duty whilst our relations*
with Great Britain remain in a suspicious, unsettled posture. I
shall, however, in the Spring make arrangements for a treaty
and will, therefore, thank you to inform me through Gaptn^
Humphrey or otherwise, what time of the year will be most
adviseable to negotiate with the St. Regis tribe — who are the
proper agents to employ for the purpose of preparing their
minds for a sale — what chiefs and warriors must be secured to
our interest to accomplish the purchase & what will the probable
expence of a treaty including secret service money & exclusive
of the confederation and annuity for the land. Perhaps Judge
Bailey can impart some useful information on that head.
The Honbl. Peter Sailly.
STATE HISTORIAN. 417
THE GOVERNOR'S INSTRUCTION TO CAPTAIN HUMPHREY CONCERNING
MR. FRISBEE'S RESPONSIBILITY FOR PUBLIC PROPERTY OF THE
STATE.
Albany, 14 Jan'y, 1812.
Sir: The business upon which I have, heretofore, spoken to
you and for the transaction of which you are requested to pro-
ceed to Elizabeth Town, Essex County & to Plattsburgh in
Clinton County is contained in the following questions &
remark's. I will thank you to ascertain & report upon all the
points subjoined.
1. How much land does Mr. Frisbee own in the village or did
own on the day of - — when he conveyed the Arsenal
lot to the State.
Remark — The Comptroller is unable to lay his hand at this
moment upon the deed of Frisbee for the Arsenal lot which
excites some slight fear in my mind that it may have been mis-
laid. You will, therefore, particularly note down Mr. Frisbee's
admissions of having executed and delivered a deed for the
Arsenal lot to me, of the date which he supposes it bore — &
other particulars relative to it. Ascertain also whether it was
acknowledged or recorded in his office of Clerk of that County
and whether his wife signed & acknowledged the conveyance or
not. If she did not it would be well to take a release of Dower
from her; which she must acknowledge and in which her hus-
band may as a party reciting the supposed date, boundaries &
import of the former deed. Such a release with such recitals
might operate as a deed of confirmation if the original convey-
ance should not be found.
2. What is the value of the residue of his land & buildings
not included in the Arsenal Lot.
27
418 AfsNUAL REPORT OF THE
3. What mortgages or judgments recorded in the Clerk's
office of the County of Essex are still unsatisfied — Who owns
them and where do the owners reside.
Remark — Mr. Frisbee informed me that the only incumbrance
existing against the land was an ancient mortgage which was
owned by one Thome in Dutchess County, and that he had
paid a certain sum say 25 dollars to Thorne in consideration of
which Thorne was to send a release for the State Lot. I have
recently understood that Thorne does not own the mortgage &
that, therefore, Mr. Frisbee's statement to me must have been
fallacious — I wish the proprietor of this mortgage to be clearly
ascertained if possible.
4. What are the dimensions, workmanship, state of comple-
ti6n, & security of the building erected under the auspices of
Mr. Frisbee. Of what materials are the roof, sides, foundation,
pillars &c; is it ceiled on the inside or calculated to be, and if
so, are the boards seasoned, planed £c.
5. What is the quantity of materials of each description used
in the building, what is the current price of each & of the labour
& Board of Mechanics £ others necessarily employed at it.
6. Call upon Mr. Frisbee for an exhibition of his acct & vouch-
ers relative to the building and require him either to settle the
acct on the spot or come forward to Albany and do it "without
delay.
7. What is the quantity, state of preservation and security
of the State property lodged in Mr. Frisbee's care. Examine
& count all the Muskets, Cartridge boxes, Cartridges, Cannon
shot & other articles & note their deficiencies..
8. If there be articles missing or ruined by any gross neglect
on the part of Mr. Frisbee, you are hereby fully authorised and
STATE HISTORIAN.
419
empowered at jour discretion, to resume the possession of the
public property remaining and deliver it into the care of Major
Skinner, or of such other person as may be advised by Judge
Jenks, Judge Kellogg, Sheriff Kirby, Mr. Delance £ others to
be most suitable and take a receipt therefore, with a bond in
the penalty of 6,000 Dollars condition as follows:
Whereas the property of the people of this State consisting of
the following articles, viz. (here insert an accurate inventory
of the property) have been delivered to
for safe keeping as superintended out of Military Stores at
Elizabeth Town, Essex County for which he is to be compen-
sated according to law, now the condition of this obligation is
such that if the said shall well and faith-
fully perform the trust reposed in him & deliver up the said
property whenever required by the Commander in Chief, Com-
missary of Military Stores or other proper officer for the time
being in as good condition and state as the said articles now
are reasonable & unavoidable deterioration arising from the
storage or nonusage of such articles & inevitable necessity
excepted, then this obligation to be void otherwise to remain
in full force and effect.
9. After you have fully ascertained and adjusted the preced-
ing matters you will proceed to Plattsburgh in Clinton County.
Mr. Sailly, Genl. Mooers, Judge Platt, Judge Delord, Judge
Smith, Col. Durand, Mr. Nicholls, Captn. Greene, Lieutenant
Smith & others, will give you all the information about the
militia property there necessary, and about every other -object
of preparation or defence both on the lake and on the land
which will become adviseable or indispensible in the event of
a rupture with Great Britain in the Spring or Summer.
420 ANNUAL REPORT OF THE
All of which information you will please distinctly to note
down and report to me.
I have written to Mr. Sailly to inform me now or at any other
time, whether there is any probability of negotiating a pur-
chase of the Lands of the St. Regis Indians which I am author-
ised by law to make. If yea, at what time ought it to be
attempted, through what agents ought they to be prepared for
a treaty, & what extra payments or secret service money will
be requisite to influence the principal chiefs & warriors.
After these duties are thoroughly performed you can return
in such route and with such expedition as your own comfort
and business may require.
Chauncey Humphrey, Esqr.
GOVERNOR TOMPKINS NOTIFIES WILLIAM RAY THAT A SPECIAL AGENT
IS INVESTIGATING THE MATTER OF PUBLIC PROPERTY AT
ELIZABEfTHTOWN.
Albany, January 14, 1812.
D'r Sir: In consequence of the representations of Judge
Jenks and of the suggestions of yourself & others, I have sent
an agent to enquire into every matter touching the public prop-
erty & building at Elizabeth Town, by who.se report I shall
govern myself as to the future disposition of the Arsenal &
its contents. Chauncey Humphrey, Esqr, proceeds to Essex for
that purpose and is the bearer of this letter.
A communication from Judge Pond and your several letters
have been duly received. It must be obvious to you that the
office you mention must be disposed of in consonance with the
opinion of our friends within 'the County. It would not be deli-
STATE HISTORIAN. 42-1
cate or correct in me to countemance the removal of the present
incumbent, until I am acquainted with the facts which dictate
it, or after the removal is determined, or to consult & gratify
my private wishes at the expence of controuling or affronting
the sentiments of the Republicans of Essex by making county
appointments hostile to their wishes, or to what they might
probibly deem best calculated to promote the public good. You
must, therefore, be convinced that the success of your intended
application must depend materially upon the countenance and
support it may receive from the Republicans of Essex who are
most immediately interested in it.
It gives me pleasure to find several respectable persons have
already espoused your interest and that I have heard except
from yourself of no rival although I cannot interfere to any
great extent in the appointment yet I can assure you that no
one will feel a more lively satisfaction than myself at finding
your claims patronized from the proper quarter & at witnessing
your advancement and prosperity.
William Ray, Esqr.
JUDGE JENKS ALSO NOTIFIED BY THE GOVERNOR.
Albany, January 14, 1812.
D'r Sir: In consequence of your friendly intimation concern-
ing the State of the Eublic property in Essex County, I have
engaged the bearer, Chauncey Humphrey, Esqr., to visit your
place and make enquiries and report to me upon all the points
which are connected with or concern the property of the State
deposition at Elizabeth Town. I have taken the liberty to refer
and introduce him to you in hopes that will yield him your
422 ANNUAL. KEPORT OP THE
advice and information in every particular in which it may be
useful to him or facilitate his enquiries and duties.
Judge Jenks.
THE GOVERNOR LIKEWISE INFORMS MR. SIMEON FRISBEE OF THE
FACT.
Albany, January 14, 1812.
D'r Sir: The uneasiness which has been created in my mind
by rumors which have reached me and by direct applications-
from persons in Troy, who say they hold unsatisfied judgments
against you, docketed anterior to your conveyance to the state
of the Arsenal lot under which judgments they expect to be
able to arrest the property & buildings belonging to this State
& and to sell it for the payment of their demands against you,
together with the anxiety which I have repeatedly manifested
to you in person at the procrastination which has taken place
in the erection & completion of the edifice confided to your man-
agement, constrain me to require a prompt & full account &
explanation of all the matters which implicate the interest of
the State. I have, therefore, deputed Chauncey Humphreys,
Esqr., of this city as my authorised and accredited agent, to
discuss and adjust difficulties existing between the Public &
yourself, & to act in the premises as amply & fully touching the
examination, possession and future disposition of the military
stores heretofore committed to your care, and touching the liqui-
dation & settlement of your account as I could do, were I per-
sonally present & request you to communicate and deal with
him accordingly.
Simeon Frisbee, Esquire.
STATES HISTORIAN. 423
THE GOVERNOR FAVORS STATE OWNERSHIP IN AN ARMOR AND
CANNON FOUNDRY.
Albany, Jany. 15, 1812.
Sir: Yours of the 6th instant has just been received. It is
my intention to propose and to encourage the Legislature of
the State, to patronize an Armoury & Cannon Foundry on the
Hudson, provided persons of suitable character and enterprise
and mechanical genius shall commence the undertaking. I have
accordingly encouraged Mr. McQueen, & Commissary McLean, to
embark in such an establishment and have assured them of my
exertions to procure from the State an adequate loan for the
purpose upon the most advantageous terms. Until I learn
whether they mean to avail themselves of my suggestion &
promise it would obviously be improper for me to hold out any
encouragement or inducement to others, further than to say
that I am in favour of and shall lend my exertions to the estab-
lishment of such an Institution.
Mr. Roswell Lee.
VALUE OF PROPERTY ON THE BOWERY IN 1812.
Albany, January 15, 1812.
Gentlemen: I have this moment been favoured with your
communication under date of the llth instant advising me of the
contemplated [sale] of Dr. Ar den's property in the Bowery.*
I had dnce (1806) an inclination to be concerned in the pur-
chase of that property and made an offer of $25,000 or 30,000
for it. My impressions are that it cannot now be worth at the
utmost more than |20,000 judging from the depreciation of my
*The directory of New York city for 1811 gives the residence of Dr. Jacob J. Arden,
physician, as Lispenard street.
424 ANNUAL REPORT OF THE
own property in the vicinity; unless, indeed, the streets desig-
nated by the general Commissioners should strike it more for-
tunately than my recollection of the shape of the land and of
the direction of those streets induces me to believe. My pres-
ent circumstances however will not justify me in offering the
latter sum even. I duly estimate the complaisance of the Trus-
tees for the offer they have made to me, and whilst I am com-
pelled to decline the acceptance of its frank and explicit terms,
I hope they will duly appreciate my motives in mentioning that
the Executors of David Mann are compelled by the provisions of
his will to dispose of six acres adjoining or near to Dr. Arden's
property, within one year from his death which year expires in
July next. We have accordingly concluded to sell about the
middle of April next which sale has not yet been announced.
The trustees are at liberty to avail themselves of this informa-
tion if they suppose the future notice of our intended sale will
have any bearing upon the price or opportunity of selling Dr.
Arden's property. It is also my desire and intention to dispose
of a part of my own ground in the Spring, if such a price can be
obtained as will afford me a very moderate profit.
Peter Wilson, Francis Arden, Esquires.
THE GOVERXOR TO COLONEL MACOMB ON GENERAL TOPICS.
Albany, January 15, 1812.
D'r Sir: Your last came to hand regularly. I am afraid you
mean to take me at my word about the Raisins, which I prema-
turely acknowledged to have received, but I have already told
you that what I then said was a white fib & I now inform you
they have not arrived yet.
STATE HISTORIAN. 425
I was informed in New York, I think by yourself, that the
Commissioners of the School Fund have reconsidered their reso-
lution of adjournment & had fixed the time one week before the
meeting of the Legislature at this City. Mr. Skinner who was
here last week informed me that he so understood it. But your
last letter does not manifest that you so understand it.
By a letter this day received from Genl. Paulding I am
requested to send to New York all the Inspection returns deliv-
ered to me. I comply with that request by transmitting to you
the only two in my possession.
When you come up, bring along the pamphlets & proceedings
touching the Episcopal question in answer or addition to the
Statement of Bishop Hobart which was delivered to me this
morning in an envelope directed in your hand writing.
Mrs. T. has been very much indisposed for two or three days,
but is so far recovered as to leave the room & resume some of
her domestic cares. Please present my respectful compliments
to Mrs. Macornb.
Col. Macomb.
P. S. I add the proceedings and apeal in Dr. Jacques's case
for the perusal of the Adjutant General and for his draft of a
general order in his usual style of elegance and force of rea-
soning.
THE GOVERNOR DECLINES TO INTERFERE IN THE CASE OF DR.
HOWELL, A CONVICTED FEiLON.
Albany, January 15, 1812.
Dear Sir: Your letter under date of January Sth has been
duly received. My attention, as well as that of the Board of
426 ANNUAL REPORT OP THE
Judges &c which meets at the Prison twice iii each year for the
express purpose of recommending suitable candidates for par-
don, has, heretofore been called to the case of Dr. Howell.
Nothing would have induced me to withstand the wishes of the
highly respectable & much esteemed petitioners but a thorough
conviction of the impropriety of my immediate interference.
You know that Mr. Howell is a man of great address, accom-
plishments & education & have probably heard that he was
reputed to have supported himself a long while before he was
convicted, by a course of life far from honorable, and for those
reasons the danger of his enlargement is increased. Of his
guilt of the offence for which he was sentenced, no reasonable
doubt is entertained, & the very manner of his proceeding in
that transaction, evinces his artifice & dangerous qualifications.
The Judges, Inspectors, Attorney General, Mayor, Recorder &
District Attorney, were I believe unanimous in their opinion
of the impropriety of his being pardoned, which is, in some
measure, though not absolutely, binding upon me.
I trust you will duly appreciate my frankness in mentioning
to you, that his friends can hardly calculate upon his liberation,
until the board above mentioned shall think proper to place his
name upon the list of semi-annual recommendations, nor will
you, I hope under the preceding circumstances, deem my for-
bearance officially to rescue Mr. Howell from the sentence of
the law, at all incompatible with the great personal sympathy
and sensibility which I really feel for those respectable per-
sons who are related to or intimate with him, and who take a
lively interest in his restoration to society.
The Honbl. E. Sage.
STATE HISTORIAN'. 427
THE GOVERNOR EXPRESSES HIS VIEWS ON CHIROGRAPH!'.
Albany, January 15, 1812.
Dear Sir: I have been honored with your letter and one from
Mr. Post of the llth inst. & with a previous communication from
Mr. Adams himself.
My recollection of Mr. Adams was very distinct but hesitated
to forward a recommendation until advised of his moral char-
acter & standing in society with which I was but slightly
acquainted before the receipt of your letter. I trust the pro-
priety of my knowing those particulars before I certify & the
importance to Mr. Adams that my recommendation to the secre-
tary should be explicit Upon those points will induce you duly
to appreciate niy motives for forbearing to address the War
Department in his behalf until this time.
Enclosed is a communication to the secretary, the tenor of
which I hope will prove satisfactory.
You must not, my friend, take it to heart that I have hereto-
fore undervalued your Chirographical endowments, when I
inform you that my former remarks upon that subject have been
merely playful & when I inform you further seriously, that I
concur with ninetenths of mankind in adjudging a hand writ-
ing some what chicken-track-ical as an invariable indication of a
scholar or philosopher.
John Coffin, Esqr.
THE GOVERNOR MAKES AN EXPLANATION IN BEHALF OF MR. ERWIN
TO HIS COLONEL.
Albany, January 15, 1812.
D'r Sir: During the summer session of the Council, Mr.
Erwin an officer of your Regt. called upon me, wished to resign
428 ANNUAL KEPORT OF THE
his office stating as his reason, that he was considerably indis-
posed, with a rheumatic complaint, which would prevent from
attending from his duty at summer parades of his Regt. As
your Eegt. was almost entirely new organized at that session &
as I did not know who to appoint in Mr. Erwin's stead, I
advised him to retain his commission till this winter when, if his
complaint continued, I would accept of his resignation; he acqui-
esced in that advice & solicited a furlough, which I declined to
grant, but at the same time informed him, that if he continued
unable to do his duty at the parades of the season — I would
mention to you the preceding circumstances, which would prob-
ably prevent any fine or punishment for non attendance until
the next session of the Council of Appoin't. This statement
contains a compliance with that request.
Col. Sebastian Visscher.
THE GOVERNOR'S SPECIAL PLEA FOR THE APPOINTMENT OF MASTER
GRAY, AS MIDSHIPMAN IN THE1 NAVY.
Albany, January 16, 1812.
Sir: Some time since you were addressed by some gentlemen
of this City relative to the appointment of Master Nicholas
Gray, Junr., a Midshipman in the Navy. My friend, Dr. Bullus,
subsequently took a memorandum of his name and age, which
he intended to lay before you on his arrival at Washington with
certain verbal recommendations which he received.
Genl. Gray, the father, officiates as my private secretary, and
is a gentleman of unblemished reputation, of amiable manners
and of a good family. The son is a sprightly, intelligent, amia-
ble youth as any with whom I am acquainted.
STATE HISTORIAN. 429
The protracted sickness of General Gray has excited fears of
an approaching consumption, and his great anxiety for the wel-
fare of his children, whom he will leave in slender circum-
stances, has created much sensibility amongst his numerous
friends. 1 do assure you, sir, that no appointment can be made
which will yield me equal real satisfaction with that of the
above mentioned young gentleman to the berth of Midshipman.
The Honbl. Paul Hamilton.
THE GOVERNOR TO DR. MILLER CONCERNING YOUNG ANDERSON'S
APPLICATION FOR AN ARMY COMMISSION.
Albany, January 16, 1812.
D'r Sir: Yours of the 12th was received by the mail of this
•evening. The sentiments contained in it comport with my own
views of the subject.
By the same mail I was desired by Mr. Elbert Anderson,
Junr., to send under cover to you, a letter to the Secretary of
War in his behalf, which is enclosed accordingly.
Minthorne is less afflicted with the complaint which attacked
him in New York than before we left that City, but is not
-entirely free from its effects.
I have no doubt it is the Salt Rheum. The rest of the family
are in usual health.
Dr. Edward Miller.
THE GOVERNOR RECOMMENDS PETER DONNELLY FOR A NAVAL COM-
MISSION " BEYOND THAT OF MIDSHIPMAN."
Albany, Jany. 16, 1812.
Sir: Peter Donnelly, Junr., of this place has a solicitude to
obtain a situation in the Navy, but is apprehensive that there
430 ANNUAL REPORT OF THE
may be some obstacle to obtaining a Commission beyond that
of Midshipman, which is not suitable to his age. He is about
twenty four years old, of a vigorous constitution, makes a good
appearance, and sustains a good moral character. He is
decended from a respectable Whig family; always has been a
Republican and thoroughly acquainted with all the duties of a
sailor, so far as relates to the navigation of a Ship, for he has
sailed in or commanded a Sloop between New York & Albany
ever since he was fourteen years old. It has occurred to me
that the law for equipping and manning the Gun-boats might
afford an opening for some appointment for which he will be
extremely well qualified. Should that be the case I take the
liberty of earnestly recommending him for such office as front
the above description you may judge him qualified to fill.
The Honbl. Paul Hamilton.
AND WILLIAM B. ADAMS FOR THE ARMY.
Albany, January 16, 1812,
Sir: Mr. William B. Adams, who applied for a situation in
the Army, is a young Gentleman of respectable connections of
good character & endowed with a degree of intelligence, knowl-
edge ot the world & military qualifications, calculated to make
him a valuable & meritorious officer of the Army. He has held
and discharged with reputation the office of Lieutenant in the
New York Militia and I do not hesitate to recommend him to
your notice as one who will discharge the duties of an officer
in the Regular troops with honor to himself and advantage to
his country.
The Honbl. Wm. Eustis.
' STATE HISTORIAN. 431
THE GOVERNOR RECOMMENDS GENERAL DANIEL BROWN, JR., AS A
FIT BATTALION COMMANDER.
Albany, January 16, 1812.
Sir: I have the honor to enclose a communication which has
been transmitted to me to form the basis of my recommenda-
tion of General Brown* for the Army. He has discharged the
duties of his several Military Stations in this State with great
propriety. I have no knowledge of his private character
except from general report which is favourable. The sub-
scribers to the within paper are the first Republican characters
of Greene County, where General Brown resides. I have the
utmost confidence in their representations, and doubt not but
that the appointment of Genl. Brown to the command of a bat-
talion at least would be 'a very adviseable and satisfactory
measure.
The Honbl. William Eustis.
ELBERT ANDERSON, JR., RECOMMENDED BY THE GOVERNOR AS AN
EFFICIENT COMMISSARY CONTRACTOR.
Albany, January 17, 1812.
Sir: Mr. Elbert Anderson, Junior, having intimated to me
that in the event of actual war it may be necessary for him to
furnish to you further evidence of his competency to perform
a war contract, for provisions than has been hitherto required,
I take the liberty of stating to you my opinion that he is fully
qualified and competent in every respect to the satisfactory
execution of any contract he may make with the Govern-
ment for a supply of rations upon a War as well as a peace
establishment.
The Honbl. William Eustis.
* General Daniel Brown, Jr., of Greene County.
432 ANNUAL REPORT OF THE
GENERAL GILES REBUKED AND ADJUTANT BOCKEE CAUTIONED BY
GOVERNOR TOMPK1NS.
Albany, January 16, 1812.
Sir: I have received your letter containing a return of the
proceedings of a meeting of the Cavalry Officers in Dutches^
County. This return cannot be acted upon in its present shape.
I have, therefore, returned it to you for the purpose of being
sent to General Aquila Giles at New York, who is the proper
organ of communication. The 67th section of the Militia law
requires, that returns of vacancies & contingencies in
regiments be made to the Commandant of the Brigade
& he is to incorporate the regimental returns into a
Brigade return & that Brigade return is to be for-
warded to the commander in chief. I feel myself more
particularly constrained to exact a compliance with the law
in this case, insomuch as my positive direction contained in
General orders of July 1810 which were served on Genl. Giles,
required of him to make a return for the Dutchess Regiment
nearly two years ago, has been totally disregarded: And by
Genl. Orders of 9th of July last, a printed copy of which is
enclosed for your information and future Government, strict
compliance with the law in respect of returns for promotion
was enjoined. This order was also served personally on Genl.
Giles.
In addition to the above objections to receiving the return
in its present state, it is perhaps proper for me to mention that
in October 1810, I reed, a communication from Captn. Louns-
berry of the Dutchess Cavalry, complaining of a violation of
his rank in the event making the appointments then contem-
plated, which were I believe the same as now recommended. In
STATE HISTORIAN. 433
•consequence of that communication I addressed a letter to Mr.
[Walter] Evertson, then adjutant of the Regiment, and
apprised him that legal rank must be strictly bided by in the
return for that Regiment. I have been furnished with no infor-
mation or facts relative to Mr. Lounsberry's claim since that
time, and it is but proper to apprise you, that should your pro-
ceedings be incorporated into the Brigade return even, the
appointments will not take place according to it unless that
point is settled or unless your arrangement shall comport with
the legal rank of the officers exhibited by the records of the
council of appointment.
Copies of my letters to Mr. Lounsberry & Mr. Evertson are
enclosed.
Abraham Bokee [Bockee], Esqr.
P. S. Adjutants are now to be taken from the Commissioned
Officers of the line & not otherwise. I perceive you were pay-
master of the Regiment, but unless you held also a Commission
in the line of that Regiment, you are not qualified for the
appointment of Adjutant. You must not deem this suggestion
to proceed from any personal objection or unwillingness on my
part to your appointment. It is only done to apprise of the diffi-
culty, that you may obviate it if possible.
D. LAWRENCE'S MILITARY AMBITION ENCOURAGED BY THE
GOVERNOR.
Albany, January 16, 1812.
Sir: Mr. William D. Lawrence of New York has 1 under-
stand forwarded recommendations for an appointment in the
Army. The satisfactory assurances which 1 have reed, touch-
28
434 ANNUAL REPORT OF THE
ing his morality, standing in society and military endowments
induce me earnestly to unite in soliciting your favourable notice
of his application.
The Honbl. Wm. Eustis.
THE GOVERNOR SUPPORTS COLONEL LAMB FOR APPOINTMENT AS
DEPUTY QUARTElRM ASTER GENERAL.
Albany, January 17, 1812.
Sir: Col. Lamb, the present Military agent for the Northerns
Department, is advised of the progress of a bill for the appoint-
ment of a Quarter Master General & assistant Quarter Master,
which is understood will supersede the present arrangement of
Military Agents.
Should the bill authorize the appointment of others than
those of the line of the United States Army, Mr. Lamb wishes
to be appointed deputy Quarter Master General for this Depart-
ment. The highly respectable credentials which procured his-
appointment to the present office, need not I presume be
renewed. The Military services of Col. Lamb's family, his own
merit and qualifications for the office assure me, that his claim
will receive the sanction of Government, unless his appoint-
ment should be incompatible with some provision in the law.
The Honbl. William Eustis.
THE GOVERNOR INDORSES THE APPLICATIONS OF MESSRS. MULLANEY
AND M'KEON FOR ARMY APPOINTMENTS.
Albany, January 17, 1812.
Sir: Mr. James R. Mullaney & Mr. James McKeon of New
York are desirious of entering upon a Military life and, there-
fore, solicit appointments in the Army.
STATE HISTORIAN. 435
Mr. Mullaney has held offices in the Militia of this State for
ten years past and has acquitted himself with ability and repu-
tation. He is also a well informed Republican, of a Military
appearance and turn, and of gentlemanly manners. He looks
to a field officer in the cavalry for which I deem him qualified
and recommend him accordingly.
Mr. McKeon has recently been breveted to the command of a
very enterprising and promising company of Horse Artillery,,
in which he has officiated once with deserved applause. He is
also a respectable man of good standing in Society, & of the
same political sentiments, and would doubtless discharge the
duties of a military station with usefulness and reputation.
I am not made acquainted with the particular grade to which
he aspires.
The Honbl. Wm. Eustis.
THE GOVERNOR ASKS GENERAL PORTE.R S ASSISTANCE IN BEHALF OF
COLONEL LAMB.
Albany, January 17, 1812.
D'r Sir: By a bill before Congress provisions are made for
the appointment of a Quarter Master General & deputy Quarter
Master Genl. as substitutes for the present Military Agents.
Col. Lamb, the Agent for the Northern Department, is desirous
of being continued in his office by being appointed Deputy
Quarter Master General for this Department. Should the pro-
visions of the bill authorize it, I will deem it a personal favor
if you will use your influence in Mr. Lamb's favour for a con-
tinuance in office.
The Honbl. Peter B. Porter.
436 A'NNUAL REPORT OF THE
ROBERT M'KOY WITH THE GOVERNOR'S INDORSEMENT SOLICITS A
SUBALTERN'S POSITION.
Albany, January 17, 1812.
Sir: Robert McKoy, of Bethlehem, in Albany County, is a
young gentleman of good education and appearance & sustains
a good moral & political character. He is so warmly recom-
mended by the inhabitants of that town & persons of respecta-
bility in this city, that I feel myself authorised to present him
to you as a candidate for a subaltern's Commission in the Army
of the United States with an unqualified assurance of his suit-
ableness in every respect for that appointment.
The Honbl. William Eustis.
THE GOVERNOR ADMINISTERS A STERN REBUKE TO MR. VALENTINE.
Albany, January 18, 1812.
Sir: Yours of the 14th Instant was received last night. In
an interview which I had with the former Secretary of War, he
entreated that I would unite in no recommendations for the
Army, unless I could warrant the good moral character &
respectable standing in society of the candidates either from
my own personal knowledge or the assurances of others. A
respect for my own character also dictated an adherence to that
course of conduct; you cannot be unapprised that, after your
abrupt departure from New York was announced, your beha-
viour became the subject of frequent & free remark by your
Securities, your relations, your brother officers & others, and
that you conduct as a husband, a man and an officer was spoken
of with great severity. I do not pretend to vouch for the truth
or justice of the imputations which then obtained general credit,
STATE HISTORIAN. 437
but it is due to candor explicitly to avow to you, that they made
such unfavorable impressions upon my mind, that I shall be
restrained from complying with your request until those impres-
sions shall be effaced.
Mr. Abm. H. Valentine.
LIEUTENANT COBB ASPIRES TO A POSITION ON GENERAL GA.NSE-
VOORT'S STAFF THE GOVERNOR ASSISTS HIM.
Albany, January 18, 1812.
Dear Sir: Lieutenant Cobb informs me that your present aid
has been promoted to a grade which disqualifies him from serv-
ing in the Staff capacity, and is desirous of obtaining your
favourable notice of himself for that situation, and has solicited
me to speak to you in his behalf. The state of the weather pre-
vents my going out, and will, therefore, pardon this method of
communicating to you, all I can with propriety say in the
matter. Lieut. Cobb appears to be a young gentleman of
modesty, intelligence and of prepossessing appearance and his
general character since he has resided in Albany, according to
my hearing and belief, is that of a retired, studious, moral
young man. If this simple statement should influence your mind
in his behalf, I shall be happy to have contributed so far to Mr.
Cobb's advancement & welfare.
Genl. Gansevoort.
POLITICAL AFFILIATIONS TO BE CONSIDERED IN THE MATTER OF
MILITARY RECOMMENDATIONS.
Albany, January 10, 1812.
D'r Sir: Yours of the 15th arrived after the mail of this
evening had closed. Your assurances with respect to Mr. Cot-
438 ANNUAL REPORT OF THE
ton are so full & satisfactory to leave no hesitation in my mind
about the propriety of complying with his request, & I have
accordingly enclosed a letter in his behalf. The Intelligence,
moral & political character and standing in society of the can-
didates, are the points upon which I wish to be informed before
I unite in a recommendation. Your letter now before me is full
upon all those points except the political character of Mr. Cot-
ton. I mention this prerequisite now, for the purpose of
enabling you to be sure of my co-operation in all future cases in
which you may have occasion to wTrite to me, provided you shall
be explicit as to the above particulars.
I wrote an answer to yours from Washington, which it
appears you had not reed, on the 15th. I presume it passed you
on the road and has probably come to hand by this time. We
are all well; Mrs. Tompkins unites with me in respectful regard
to Mrs. Miller.
•Silvanus Miller, Esquire.
Albany, January 19, 1812.
Sir: I am informd. that Mr. Walter Cotton, of New York will
present himself as a candidate for an appointment in the Army
of the United States. The testimonials with which I have been
furnished of his intelligence, moral character & standing in
society enable me to speak of him with confidence as a suitable
and well qualified person to command a company and I there-
fore earnestly recommend him to your favourable notice for a
Captains appointment.
1 am, Sir, very respectfully, Your Obt. St.
Daniel D. Tompkins.
The Honbl. William Eustis.
DARBY NOON RECOMMENDED FOR THE COMMISSION OF MAJOR.
Albany, January 20, 1812.
Sir: Major Darby Noon of this place has mentioned to me
Ms inclination to be the bearer of an American sword, provided
STATE HISTORIAN. 439
lie can obtain a suitable station in the Army. He raised a Com-
pany of Greens in this City, which is not exceeded by any in the
State, for equipments, discipline and patriotism. He has since
been advanced to a majority in the Battalion of Riflemen to
which his former company is attached. Mr. Noon has acquitted
himself in the several military stations which he has held with
distinguished intelligence and reputation. His moral & politi-
cal character & his courage & patriotism cannot be questioned.
I, therefore, with confidence assure you of his competency and
fitness for a majority in the new Army, either in the line or the
-staff and warmly recommend him accordingly.
The Honbl. Wm. Eustis.
A FINANCIAL TRANSACTION.
Albany, January 20, 1812.
D'r Sir: I remitted to you by mail last fall a check on the
Manhattan Bank to pay the call on my stock in the Newburgh
Bank, and requested you to acknowledge the recp't of it & to
enclose me the certificate of stock. Although I have no doubt
it must have been received, yet I shall be pleased to hear of it
by Mr. Ross wrhen he comes up; and if you will take the further
trouble to mentioning lo the Editor of the Political Index, to
send ray paper to this place instead of New York, you will add
to the many obligations already confered on me.
John S. Hunn, Esqr.
DR. JQSEPHUS BRADNEiR STUART RECOMMENDED BY THE UOYBRNOR
FOR THE HOSPITAL STAFF.
Albany, January 22, 1812.
Sir: It is understood that the members of the Hospital staff,
provided for by the recent law which will be appointed inmiedi-
440 ANNUAL REPORT OF THE
ately. Under that impression I beg leave warmly to recommend!
Dr. Josephus Bradner Stuart, of this place, as a gentleman well
qualified for and worthy of the appointment of Hospital Sur-
geon in the staff of the new establishment.
The Honbl. Wm. Eustis.
AND DR. CANDE ALSO.
Albany, January 22, 1812.
Sir: Dr. William L. Cande, of this place, desires an appoint-
ment as surgeon in one of the Regiments to be raised under the
authority of the United States. He has received an academical
Education — has underwent [sic] a regular professional appren-
ticeship, and has for one or two years practiced with success &
reputation and is attached to Republican Government and insti-
tutions. I, therefore, beg leave to recommend him to your
notice for the above mentioned appointment.
The Honbl. Wm. Eustis.
AND MR. CLARK, FOR THE CAVALRY.
Albany, Jany. 22, 1812.
Sir: The name of Mr. William Clark of this place has, I
understand been mentioned to you by Mr. Bacon of Massachu-
setts for an appointment in the Army. I am possessed of the
most ample testimonials of Mr. Clark's probity, intelligence
integrity and enterprise and am satisfied that he is well attached
to the Republican Institutions of our Country. I, therefore,
cordially unite in recommending him for the office of Captain in
the Infantry or Cavalry of the United States.
The Honbl. Wm. Eustis.
STATE HISTORIAN. 441
CAPTAIN JACOB H. VAN SCHAICK FOR A CAPTAINCY.
Albany, Jany. 22, 1812.
Sir: Captain Jacob H. Van Schaick, of Easton, Washington
^County New York is desirous of obtaining an appointment of
the same grade in the Regular Troops. He is about twenty
live years of age, descended from a respectable Whig family,
has discharged the duties of his Military office with reputation
•and is competent to the duties of the office which he solicits.
The Honbl. WTm. Eustis.
MR. JOHN KIRBY FOR A LIEUTENANCY OR ENSIGN.
Albany, January 23, 1812.
Sir: Mr. John Kirby, of this place, has been represented to
me by a highly respectable and pious gentleman, in whom I
have great confidence, to be about twenty two years old
possessed of intelligence, integrity, moral habits & enterprise;
•and of soldierly appearance and qualifications. I, therefore,
recommend Mr. Kirby as a suitable person in every respect for
Lieutenant or Ensign in the old or new Army establishment.
The Honbl. William Eustis.
VALUABLE SUGGESTION TO ADJUTANT BOCKEE.
Albany, January 25, 1812.
Sir: Yours of yesterday is received. If the Commissions of
tfhe other Captains were of the same date with Mr. Lounsberry
& they had previously been Lieutenants and he had not, there
can be no doubt that they take rank of him of course without
-any draft.
To obviate the objections to your being adjutant, it has
occurred to me since I wrote to you last, that you might be
442 ANNUAL, REPORT OF THE
appointed a Lieutenant in the line of the Regiment generally,
and on a subsequent day be appointed Adjutant; and as this
is the formation of a new Regiment 1 can see no impropriety
in that course. I, therefore, advise you to get General Giles-
to return you for the line as well as for Adjutant.
Abm. Bockee, Esqr.
IN RELATION TO SEVERAL YOUNG GENTLEMEN WITH MILITARY
ASPIRATIONS.
Albany, January 25, 1812.
Sir: Myndert M. Dox of Geneva is recommended for a Cap-
taincy in the Army. He is twenty two years of age, has a good
education is of sound morals & politics & of respectable family
and his appearance is Military. I, therefore, recommend him
as well qualified for & worthy of the office of Captain.
Mr. William W. Trenor, is aged about twenty years, of the
like morals, politics & intelligence with Mr. Dox and is recom-
mended with confidence as worthy to be appointed a Lieutenant
or Ensign in the Army.
The Honbl. William Eustis.
Albany, Jany. 25, 1812.
Sir: Mr. Cornelius Y. V. Leonard, of this place, is desirous
of obtaining the office of Paymaster in one of the Regiments
recently organized or if that office cannot be separated from
the line, he solicits an appointment of Lieutenant in the Line.
Mr. Leonard is about 21 years of age, is a member of an
amiable and highly esteemed family of this City, and sustains
a good character for ability & morals. I, therefore, earnestly
recommend him for the appointment desired by him.
The Honbl. Wm. Eustis.
STATE HISTORIAN. 443
THE (JOVKK.NOK NOT1F1KS MR. KVANS THAT HIS RESIGNATION HAS
BEEN DESTROYED.
Albany, January 27, 1812.
IV r Sir: The hurry incident to the Assemblage of the Legis-
lature prevents my making any further answer at present to
yours of the 17th Instant, which I received last, than to say that
I am highly gratified with your determination to continue to
retain your Commission in the Cavalry. Your resignation has
not yet been accepted £ will be destroyed.
I agree with you fully that it would be inexpedient to divide
Mathew's Regiment at present. Divisions of Regiments keep a
kind of uncertainty for some time amongst the officers as to
whom they ought to obey or to whom they are to make returns,
& a consequent irresponsibility and confusion. As I have given
Major Boughton one smack of promotion I cannot so soon dis-
consert the Regiment to give him another.
Septimus Evans, Esqr.
THE GOVERNOR'S ADDRESS TO THE LEGISLATURE — PREPARATIONS
FOR WAR.
Gentlemen of the Senate and of the Assembly,
The approaching crisis of our national concerns, and the
arduous and diversified duties of revising the wrhole system of
statute law, upon which the peace, the happiness, and the des-
tinies of nearly one million of free citizens may depend, give to-
the session upon which you have just entered, more than ordi-
nary solemnity and interest. It becomes us, therefore, to
advance to its caresj with minds untainted by party acrimonj*,
unswayed by selfish and interested motives, and with our
aspirations of praise and thanksgiving to the Great Preserver
444 ANNUAL REPORT OF THE
of nations, to mingle a humble and devout supplication for his
guidance and approbation in the accomplishment of the task
before us.
In my communication to the representatives of the people at
their last meeting, I had the honor to revert to the then state
of our foreign relations, and to note the accumulated injuries
which had been inflicted upon us by the powers of Europe. I
shall, therefore, forbear to repeat the disgusting detail, on the
present occasion.
Nothing has occurred to alter our relative situation with
France since the last session of the legislature. One item of
complaint, however, has been expunged from the long catalogue
of British wrongs, whilst fresh aggravations and insults have
been substituted in its stead. The almost forgotten topic of an
attack upon the frigate Chesapeake, has been lately revived by
an unexpected tender of reparation, which has met the accept-
ance of our national rulers.
An affront calculated to excite equal sensibility, is to be found
in the late assault of the Little Belt upon the frigate President,
mitigated, to be sure, by the consoling reflection that it was
bravely and nobly chastised upon the spot.
Although accumulated evidence of the actual suspension of the
operation of the obnoxious decrees of France, has been sub-
mitted to the British cabinet, we are still doomed to witness a
persistance in her orders in council, of which the edicts of Berlin
and Milan were the pretended and ostensible basis, in defiance
of a solemn stipulation to the contrary; and to be victims of an
increased rigor in their execution, which has given the decisive
and ultimate blow to our neutral commerce.
STATE HISTORIAN. 445
It would be painful to dwell upon every item of aggression and
insult which swells the list of our grievances. The precise
points of difference are stated, and luminously discussed in the
documents which have recently been submitted to congress by
the national executive. These are so universally and well under-
stood, and the merited confidence in the wise and patriotic
managers of national concerns, has been so thoroughly con-
firmed, as to have produced an union of feeling and sentiment
in the nation, seldom before witnessed; and it furnishes a source
of conscious pride and satisfaction in every American bosom,
to be convinced, that whatever may be our local and domestic
differences, we shall be an united and formidable people, upon
all questions which involve our national existence and priveleges^.
or which affect the vital principles of independence.
Experience has at length taught us the feeble reliance which
is to be reposed on appeals to the veracity, the magnanimity or
the justice of monarchs, and has dissipated every remaining
gleam of hope that our neutral rights will be suitably respected.
The consequent unanimity and spirit which inspires the nation,
and which have dictated the late measures of congress, shew a
determination to enforce respect for our rights and sovereignty
at every hazard.
It therefore behooves the state of New-York, to clothe herself
in armour, and to stand prepared for the approaching contest.
The security of her valuable and exposed maritime frontier on
the south, and the protection of her inhabitants upon the exten-
sive borders of the north and west, challenge our anxious solici-
tude and united services.
The documents now communicated, with others which will be-
laid before you by special message, in a few days, will furnish
446 ANNUAL REPORT OF THE
full and accurate information of the number and equipment of
the militia, of the extent and distribution of the military stores,
and of the situation of our fortifications and military deposits.
With respect to the militia, the most flattering improvements
in discipline and equipments, have been universally exhibited
both by the officers and privates. The introduction of military
schools into several of the counties, has contributed materially
to excite ambition, and a spirit of emulation. We may repose
unlimited confidence in the patriotism, gallantry and efficacy of
the militia, whenever the honor and safety of the country shall
require their services. The organization established by the act
of 1809, has been found to be satisfactory and judicious in most
respects. It is, however, essentially defective in one or two
particulars. It prescribes no limitation or guide to the juris-
diction of military courts, nor is there in it any designation or
definition of what shall constitute military offences, nor any
rules or regulations for the practice and proceedings of those
tribunals. The remedies proposed for these, and for other
omissions and defects which practice has discovered, will be
specified in a special report of the adjutant-general, which will
be laid before you previously to the revision of the militia laws.
The revision of our code of laws will furnish you with oppor-
tunities of making many beneficial alterations. To devise the
means for the gradual and ultimate extermination from amongst
us, of slavery, that reproach of a free people, is a work worthy
the representatives of a polished and enlightened nation.
Allow me here to observe, that the law which authorizes the
transportation of slaves convicted of offences, is very generally
considered impolitic and unjust. Impolitic, because it cherishes
inducements in the master, to whom alone those unfortunate
STATE HISTORIAN. 447
creatures can look for friendship and protection, to aggravate,
to tempt or to entrap the slave into an error; to operate upon
his ignorance or his fears, to confess a charge, or to withhold
from him the means of employing counsel for defence, or of
•establishing a reputation, which is frequently the only shield
against a criminal allegation. This inducement will be
peculiarly strong, where the slave is of that description, the sale
of which is prohibited: for a conviction will enable the master
to evade that restriction, and to make a lucrative disposition of
what might otherwise be a burthen to him. It is unjust because
transportation is added to the full sentence which may be pro-
nounced upon others. To inflict less punishment for the crimes
of those who have always breathed the air of freedom, who have
been benefited by polished society, and by literary, moral and
religious instruction and example, than to the passions and
frailties of the poor, untutored, unrefined and unfortunate
victims of slavery, is a palpable inversion of a precept of our
benevolent redeemer. The servant " that knew not, and did
commit things worthy of stripes, shall be beaten with few
stripes; for unto whomsoever much is given, of him shall be
much required."
It would be an employment equally grateful and honorable,
to endeavour to ameliorate the condition and cultivate the affec-
tions of the natives, who dwell within our territory. These have
generally demeaned themselves in a friendly and inoffensive
manner. Although they are amenable to our laws they are yet
disqualified from pursuing the ordinary means of redress-, for
injuries committed upon their persons or their property. It is
not to be disguised that worthless and unprincipled white per-
sons, availing themselves of the ignorance of the Indians, and
448 ANNUAL REPORT OF THE
of their horror at becoming the objects of punishment by laws:
which they cannot interpret or comprehend, wantonly and boldly
violate their individual possessions and national domain. Such
persons are generally of transitory residence, and are amongst
the most depraved members of community, who, besides the-
violation of the individual and national rights of the Indians,,
corrupt and debase their propensities and habits. These intrud-
ers bid defiance to the ordinary remedy by ejectment, the issue-
of which they can protract for two or three years, and if they
cannot, in the mean time, avail themselves of the contingency
of the purchase, by the state, or of special legislative inter-
position in their behalf, they escape before final process over-
takes them, and leave the estate of the Indians encumbered with
the expense of the proceedings. Of repeated and earnest appeals
for the redress of these grievances, a wise and prudent legis-
lature cannot be regardless. As no right to the possession or
title of Indian lands can be acquired from them by an individual,,
and as, therefore, no legal or valid defence can possibly be made
in a suit at law, it is submitted whether a power to expel in a
summary way, intruders upon Indian territory, or upon public
lands, where no pre-emptive right is reserved, ought not to be
vested, somewhere, to be exercised under suitable restrictions
and whether such intruders ought not to be deemed public-
offenders, and be dealt with accordingly.
You will, in a few days, receive the report of the commis-
sioners who were appointed to investigate the titles of the Onon-
daga salt lots. Its importance will doubtless direct your serious
attention to the general regulation and permanent usefulness of
that invaluable establishment. Every discernable avenue ought
to be closed, by which associations or individuals may monopo-
STATE HISTORIAN. 449
lize the lots, or the salt manufactured at the public springs. If
that be permitted, the object contemplated by the government
may be defeated, and the industrious and enterprising citizens
of that flourishing portion of the state, be essentially and perma-
nently injured.
Our treasury, for upwards of twenty years, has been con-
stantly drained by the discharge of pretended or real demands
against confiscated lands. The best means of resisting or limit-
ing those demands, has frequently engrossed the earnest atten-
tion of the legislature. The systems which it has heretofore
devised, however, have been more or less parried by speculative
management or legal ingenuity. Possessions of nearly twenty
years, warranted and confirmed by public authority are con-
stantly disturbed, and our treasury still feels the pressure of
demands, which the purchasers of those claims are constantly
heaping upon it. It is essential to our financial resources, that
effectual barriers be interposed against those claims. It would,
perhaps, contribute materially to lessen their amount in future,
we are to make void, and punish as fraudulent and criminal
speculators upon the state, all direct or indirect purchasers of
them.
Much of the time of the legislature has heretofore been
engrossed with the concerns of incorporated institutions. It is a
question worthy of our serious meditation, whether corporations,
other than those of a literary, charitable or religious kind, have
not already been multiplied to a dangerous and alarming extent,
particularly those of them which are endowed with the power of
conducting monied operations.
It has already been announced, that petitions f6r new banks,
to the amount of eighteen and a half millions of capital, will be
29
450 ANNUAL EEPORT OF THE
presented during the present session. It will appear, by a report
on your files of February last, and by an inspection of the laws
passed since that, that our existing bank capital, including the
stock to be subscribed by the state, amounts to nearly thirteen
millions of dollars. The debts which may now be legally con-
tracted upon that capital, are thirty nine millions; and if
eighteen millions and an half of additional capital should be
granted, the banks of this state alone, will then be enabled to
contract debts, or in other words to issue their paper to the
enormous sum of ninety-four millions of dollars, a sum at least
sixteen times greater than the whole specie capital of the state.
A failure to discharge such a debt, will produce universal bank-
ruptcy and ruin.
The fearful prospect presented to my imagination by the pre-
ceding facts, and by the infatuation which has hitherto occasion-
ally prevailed, with respect to banks, demand of me, as a sacred,
official duty, to submit to your consideration a few remarks upon
that subject.
The intrigue and hollow pretences, which are frequently prac-
tised to draw the legislature into the views of applicants, by
exciting expectations that particular local benefits will flow
from the grant of the charter solicited; or that particular classes
of citizens, or politicians, will be peculiarly gratified by it, ought
not to impose upon us at this late day; for we know, that expec-
tations, excited by such representations, have too often vanished
in a subsequent selfish, speculating and demoralizing distri-
bution of the stock. Neither ought we to be unmindful, that not
unfrequently, the prominent men who seek the incorporation of
new banks, are the very same who have deeply participated in
the original stock of most of the previously established banks.
STATE HISTORIAN. 451
Having disposed of that stock at a lucrative advance, and Hn-ir
avidity being sharpened by repeated gratification, they become
more importunate and vehement in every fresh attempt to
obtain an opportunity of renewing their speculations. It is also
worthy of preliminary notice, that the apparent unanimity in
favor of a measure which often surrounds the capital when the
legislature are beset with bank applications, is no real indication
of the sentiments of the community at large.
One prominent objection which meets iis at the threshold of
an examination of this subject is, that the vaults of banks are
the reservoirs into which the specie is collected, and where
larger quantities of it are at all times accessible by those who
may wish to send it out of the country, than would be the case
where the specie left diffused, instead of the paper.
Bank stock is generally owned by the speculating, the wealthy,
and the aspiring part of society. An amount of their personal
property, equal to that vested in stock, is withdrawn from other
applications and appropriations of it, which would probably be
more beneficial to the agricultural, manufacturing and laboring
interests. Hence arises the difficulty experienced by enterpriz-
ing farmers, manufacturers and mechanics, to raise money at
lawful interest upon the best security ; and hence it follows, that
the necessity of temporary pecuniary relief, frequently drives
them into the embraces of unprincipled, avaricious usurers, who
fertilize upon the wants and distresses of the needy and
unfortunate.
The influence of the wealth amassed and concentrated in bank
stock, wielded under the direction of a few persons not account-
able or responsible to the community for their conduct, nor
restrained by any official oath, may be devoted to a sway over
452 ANNUAL KEPORT OF THE
individual passions, sentiments and exertions, alarming in a
representative government. A diligent observer will have
already perceived one palpable operation of this influence on
public sentiment, in the fashionable, erroneous opinion which
prevails, that there is greater sanctity in corporate, than in
individual property and rights, and that the one is less amenable
than the other to governmental control, and less subservient to
any paramount public good.
The multiplication of banks encreases the facility of counter-
feiters to make depredations on society, and their operations are
almost exclusively prejudicial to the less wealthy part of the
community, whose business does not familiarize them with the
great variety of paper money which is put 'afloat. The last
mentioned part of society are generally the most moral, upright
and useful members thereof, and are the main dependence of
government in times of danger and of war. Of them, therefore,
the legislature ought to be the peculiar guardians. A recent
detection of immense quantities of false bills creates serious
apprehension that the amount of forged paper already emitted,
bears a great proportion to the quantity of genuine paper in
circulation ; and if so, how will the. country be deluged with the
former, if the facilities for putting it off be multiplied.
One of the baleful consequences of banks, is the facility with
which credit may be obtained by certain descriptions of persons
in and near cities and villages through the medium of a responsi-
ble endorser. The fictitious capital thus acquired by a man,
inspires confidence in all descriptions of dealers and mechanics,
who consequently trust him. Whenever adversity overtakes
him, the property on hand is immediately transferred to the
endorser to secure the bank demand. This course is dictated by
STATE HISTORIAN. 453
a sense of gratitude to the endorser, and by a desire to pro-
pitiate the good will and future patronage of the bank: and it
thus happens, that whilst the bank obtains full payment, more
humble creditors, who have trusted the insolvent, in consequence
of the imposing appearances, with which that very bank invested
him, lose the utmost farthing of their dues. Hence, and not
from the defect of the insolvent law, as is generally imagined,
proceeds the universal complaint, that the estates of insolvents
yield no dividends to ordinary creditors.
The wound which the morals and reputation of neighboring
states have experienced from a too great indulgence of the bank
mania, and the present depreciated credit of bank currency,
there and in England, furnishes a lesson of vast importance to
patriotic and upright statesmen. The paper of the late bank of
the United States had an unbounded credit and circulation. At
its first creation, there were few rival institutions in the great
mercantile cities, where its branches were established, and it
therefore enjoyed the deposits and business of the first houses
and characters in the union. It was also patronised by the
exclusive deposits of the general government, to the amount of
near twenty millions annually, which added greatly to its ability
for accommodation; and if that bank with such unprecedented
advantages, can neither make a dividend for the present year,
nor redeem the original stock at par after payment of its debts,
which is evident from. the price of its stock, what would be the
fate of many of our present banks, were their affairs brought to
a close? And they will assuredly be brought to a close when-
ever a material shock shall be given to the credit and circulation
of their paper. The then disastrous consequences are incalcul-
able, consequences which will not be confined to cities and vil-
454 ANNUAL REPORT OF THE
lages, but will pervade in a more eminent degree, the agricul-
tural parts of the state.
To facilitate commercial operations, is the ostensible pretext
for soliciting bank charters, and is the only justification for
granting them. But at this moment, commerce is almost
annihilated, and therefore there exists now no necessity osten-
sible or real for the multiplication of banks.
There is one other consideration of emphatical influence at the
present period. It is well known that stock is generally con-
sidered an unfit subject of taxation, and in fact is not included
in the taxable fund, nor does it contribute to discharge the pub-
lic burdens, nor is it liable to distress, or to seizure or sale upon
execution. To increase, therefore, the amount of that untangi-
ble kind of property at this moment of apprehended war, would
be justly considered a partial exemption from contribution
towards the public burdens of so many millions of the personal
property of the rich. With what indignation would the yeo-
manry, the great body of our constituents, receive the intelli-
gence of measures directly calculated to increase their burdens
by a partial indulgence to the property of the rich?
Finally, we must be feelingly alive to everything which has a
tendency to impair confidence in the public functionaries. If
the interests and the sentiments of the great mass of our con-
stituents are opposed to the further incorporation of banking
associations: if their institutions will greatly facilitate forgers
in passing false bills: if the suspension of commerce takes away
the only plausible and rational pretext for countenancing them:
if the wisdom taught us by the experience of neighboring states,
of foreign countries, and by the supposed situation of the late
United States bank, confirm and proclaim the danger to be
STATE HISTORIAN.
455
anticipated from assenting to the increase of the number and
capital of banks; if they contribute to drain the country of
specie and discourage agriculture and manufactures, by with-
drawing from their uses and appropriations more beneficial to
them, the money of the affluent: if they have an influence
which enables them to obtain the whole property of insolvent
debtors, to the injury of other creditors: if their tendency be to
the subversion of our government, by vesting in the hands of the
wealthy and aristocratic class, powerful engines to corrupt and
subdue republican notions : if the augmentation of bank capital,
causes an equivalent curtailment of the taxable fund, and will
thereby relieve the wealthy stockholders from their equal share
of contribution to the public service, and proportionably enhance
the tax on the hard earnings of the farmer, manufacturer,
mechanic and laborer : if the wisdom and example of the national
government be worthy of respect or imitation: and if we still
persevere in multiplying banks, will there not be danger of
infusing into the public mind a suspicion, either that we yield
too pliantly to the management and pressure of external com-
binations, or that the unhallowed shrine of cupidity has its
adorers within the very sanctuary of legislation? Such a sus-
picion will be the prelude to the downfall of republican govern-
ment, for it is erected and supported upon the affections of the
people at large, and upon their faith in the inviolable firmness,
and probity of their public agents, and when once the foundation
is removed the superstructure must fall of course. Let us, there-
fore, conscientiously endeavor, so to dispose of the various bank
applications with which we are to be assailed, as to promote the
general welfare, and at the same time, to retain and confirm
public confidence, not only in the wisdom, but also in the
456 ANNUAL REPORT OP THE
unbending independence and unsullied integrity of the legis-
lature.
A communication from the Chancellor of this state, relative
to certain existing evils in the administration of justice, in the
high and important tribunal over which he presides, is now
presented. Your discernment and watchful care over the rights
of your constituents, and the dignified and respectable source
from whence the representation of the existence of those evils
is derived, will doubtless engage your best efforts to devise and
apply the appropriate remedy.
The report of the commissioners of the school fund, shortly
to be laid before you, will attract your attention to the diffusion
of useful knowledge, and the consequent promotion of virtue
and happiness.
The flourishing state of domestic manufactures, and the share
which the encouragement and bounty of the legislature has had
in contributing to their activity and success, and the consequent
independence of the country, prompt to a continuance of every
countenance and support compatible with our resources.
On a former occasion, I had the honor of communicating to
the legislature my ideas of corporeal and capital punishments.
I shall not therefore dwell upon that theme now, longer than
to repeat that I have always entertained serious doubts of the
right of society to take away life in any case. That such
extreme and vindictive punishment is by no means indispensable
for the preservation of the social compact or for the peace and
security of society; and that it is offensive and repugnant to
those sympathetic emotions, those beneficent virtues, and that
refinement of policy and of reason which adorn civilized and
free communities. If by inviting your reflections once more to
STATE HISTORIAN. 457
this interesting topic, I shall be so fortunate as to subserve the
cause of humanity, by effacing from our revised code that vestige
of barbarism, it will be to me a source of high and durable
satisfaction.
Gentlemen, for the unusual length of this address, my only
apology is to be found in the great variety and importance of
the matters which will necessarily engross your attention.
With an acknowledgment of my high sense of your patient
indulgence, I offer a fervent prayer to Him, who directs the
passions and talents of man, and controls the destinies of
nations, to inspire us with unanimity, patriotism and wisdom,
in the performance of the high and responsible duties "of our
respective stations, and to grant that our services may redound
to the lasting happiness and welfare of the state.
Daniel D. Tompkins.
Albany, January 28, 1812.
MORE MILITARY CANDIDATES.
Albany, January 31, 1812.
Sir: The following Gentlemen of this State I take the liberty
of recommending for appointments in the Army. Their Intelli-
gence, education, moral & political character and standing in
society are perfectly good, and they are in every respect worthy
of & qualified for the offices mentioned opposite their names:
John Thompson, of Broadalbin in Montgomery County, for
Major.
Daniel Mclntyre, of Palatine in said county, for Lieut, or
Ensign.
Nathan Blackman, of Flatbush in Kings County, for Lieuten-
ant.
458 ANNW AL REPORT OF THE
Elijah I. Graves, of Stephentown in Rensselaer County, for
Surgeon.
Robert D. McDonald, of the City of Albany, for Surgeons
mate.
The Honbl. Win. Eustis.
Albany, February 3, 1812.
Sir: Mr. Charles Stewart of Shawangunk, Ulster County &
State of New York, wishes to obtain a Captain's Commission in
the Army. The enclosed recommendation from my venerable
friend Dr. Graham will acquaint you with his character and
merits. It is only necessary for me to add that James G. Gra-
ham is .an eminent & venerable Physician of the above men-
tioned place, who was a revolutionary character, and who has
been elected to the Assembly & Senate of this State for a great
number of years, & was a member of the Council of Appoint-
ment in 1809 after which he retired from public life on account
of his age and impaired health. The Vice President and others
at Washington from this State will readily confirm my assur-
ance in Dr. Graham's Reputation of Mr. Stewart's character &
qualifications.
The Honbl. William Eustis.
STATE HISTORIAN. I.V.)
NECESSITY OF PREPARATIONS FOR WAR.
GOVERNOR TOML'KIXS BRINGS SEVERAL VALUABLE MILITARY SUGGES-
TIONS TO ASSEMBLYMAN VAN VECHTKN.
Albany, 4 February, 1812.
Sir: As there is a degree of uncertainty in my mind whether
the objects mentioned below come strictly within the province
of the frontier Committee or of the Military Committee, I take
the liberty of laying before each of them the following sugges-
tions which they will please to dispose of as their wisdom may
direct:
1. They are informed that Arsenals have been built at the
following places, New" York, Albany, Elizabeth Town Essex
County, Plattsburgh, Rome, Watertown, Onondaga, Canandai-
gua and one preparing at Batavia. We have an excellent Pow-
der Magazine on York Island, a beautiful & substantial Bomb
proof Magazine near the Fortifications at the Narrows, and a
new and capacious one near this City. The quantity of Arms,
Ammunition & Military Stores, deposited in the before men-
tioned Arsenals and Magazines, is designated in the Report of
the Commissary of Military Stores, submitted at the opening of
the Session, to which the Committee are respectfully referred.
As the Law authorizing the Erection of deposits and the distri-
bution of arms &c. towards the frontiers limited the number of
the latter to be sent to each place & as our present supply would
justify the depositing of a great number in those Arsenals now
without impairing the security of other parts of the State, it is
respectfully submitted whether that limitation ought not now to
be taken off and a discretion be given to forward and deposit in
the Frontier Arsenals, additional quantities of arms, ammuni-
tion, and other Military Stores, as occasion may require.
460 ANNUAL KEPORT OP THE
2. The keepers of those Arsenals are not now recognized as
public officers. Their compensation is left discretionary with
the Governor & it gives him much trouble to audit their
accounts and equalize their compensation. They are not
required to give Security for their fidelity, which ought to [be]
the case. There ought also to be a provision declaring the cir-
cumstances under which certain officers could obtain the Arms
&c. for the Militia to repel an Invasion, or upon any other emer-
gency without the delay of sending to Head Quarters for that
purpose, and without the risque to which the keeper would now
be subjected by parting with them.
3. The duties of the Commissary, are extensive and ardu-
ous and are to be performed at such different and remote places
that it will be indispensable to authorize the appointment of
Commissary for the Western department, in addition to the
principal Commissary of the State residing to the Southward.
The district Instructors which will be recommended for teach-
ing the Militia officers, may very properly have this duty
attached to their offices which will lessen the expence. They
ought to examine every Arsenal within their respective dis-
tricts twice in each year, with all the property contained in it
& to report to the principal Commissary who should semi-
annually report the [?] to the Commander in chief. As these
Instructors would be itinerant, and be for a week at a time
with all the officers of each Brigade, they might be clothed with
the offices of District Inspectors, or assistants to the Adjutant
General, to distribute blank returns, and to receive and convey
to the Adjutant General of the State, the Brigade Inspection
returns formed into a district Inspection Return. All the above
duties would require Intelligence, Industry & Ability and, there-
STATE HISTORIAN.
461
fore, a compensation ought to be allowed sufficient to induce
competent and respectable men to undertake the Trust. A sum
equal to what would be required for that purpose might be
saved by forbearing to issue the usual quantity of Powder and
Ball to the Artillery Companies.
4. Great inconvenience has been experienced in the construc-
tion of Gun Carriages, from the necessity of using timber not
perfectly seasoned. The constant accidents & the Repairs
required by reason thereof evinces the propriety of making an
annual appropriation to be expended in the purchase as emer-
gencies & the State of the market may dictate, of sufficient
quantities of that article to be seasoned in our Arsenals, pre-
paratory to a demand for the use of it. An annual appropria-
tion for this object of 2,500 Dollars for three years to come is,
therefore, respectfully submitted.
5. The deficiency of good muskets and equipments of the Mili-
tia generally, and the variety of the Calibers of their muskets
furnish ample evidence that to be made effective, the Militia
must be furnished when they arrive at the place of rende-
vous with public Arms whose quality &c uniformly can be relied
upon. Although we are already respectably furnished with
small arms & equipments, it would not be amiss to proceed in
procuring about 1000 annually for 5 years to come. And could
the erection of an Armoury & Cannon Foundry on some part
of the Hudson above -the Highlands be induced by an advance
by the State, on Loan in the first instance, of a sufficient sum
to erect and set on foot an extensive establishment of that kind,
the loan to be repaid in arms & cannon manufactured in our
own State, our advantages in future would be greatly
increased. To cover the price of 1000 Muskets, with all the
'
462 ANNUAL KEPORT OF THE
equipments and expences of proof transportation &c., an annual
appropriation of $17,500 will be requisite. Should any consid-
erable portion of the Militia be required to go into service
immediately under the authority and in the defence of this
State, the want of Tents and. Camp Equipage & of knapsacks
would materially retard, if not defeat, their operations. Some
of those articles are perishable or liable to decay in a short
time, in consequence of which they have not heretofore been
provided. An authority ought to be vested some where to be
exercised or not according to circumstances for procuring a
sufficient Camp Equipment for 1000 Men in the Eastern district,
1000 in the western & 2000 at New York. From my deficiency
of practical knowledge of all the articles necessary for the com-
fortable encampment of 4000 Men, and from my want of
acquaintance with the present price of the articles requisite to
supply such a Number, it follows that the amount of an appro-
priation, therefore, must be with me at present matter of con-
jecture. But I venture to suggest |20,000 as adequate for that
object.
6. To prepare additional quantities of fixed ammunition to
procure further supplies of powder for that and other purposes,
to provide flannel for Cartridges & fuses for shells & an appro-
priation of |7,500 will be requisite.
7. The works at the Narrows have been completed for One
hundred & ten Guns. But there is no provision for manning
the works, or for guarding them against injury by mischievous
persons of the neighbourhood or by the most inconsiderable
number of an Enemy or intended enemy. Power ought to be
given to apply to the United States to 'Garrison the works, and
in case of their refusal^- to' place a detachment of Militia, there
STATE HISTORIAN. 463
consisting of one Captain, one First Lieutenant, one second
Lieutenant and Seventy two non Commissioned officers and
privates, to be employed and improved in Garrison discipline,
and in occasional fatigue. Possession of the Fortifications &
Ground appurtenant at the Narrows, ought to be declared to
be in the Governor or some other Public Officer, to simplify the
Remedy for the numberless tresspasses which are committed
upon it. The people deem the wharf and other public property
there to be public in the same sense as highways are & act
accordingly. That establishment has become a place of great
resort, and, therefore the above or some other measures should
be adopted. Should the encampment of two Thousand Men for
one month as suggested below, be acceded to by the Committee
it will supersede the necessity of providing for the detachment
or Guard above mentioned.
8. All the duties of a soldier ought if possible to be learned
by every Member of the Militia before we may have occasion
for his services. This would be impossible without an acquaint-
ance not only with discipline, but also with camp Duty, habits
and modes of living. I deem it, therefore, essential to our
safety, that a portion of the Militia at least should be encamped
for one month and, therefore, lay before the Committee a propo-
sition to the following effect: That one thousand men be
encamped in the Eastern district, 1000 in the Western & 2000
at or near New York each for one month. The two former to
be disciplined industriously and faithfully in the duties of field
Artillery, Infantry, Riflemen & Cavalry & the latter in the man-
agement of heavy ordnance, both in Garrison and on Field Car-
riages & Gun Boats. The Cantonments to consist of volunteers
resident within the State & undejp»$5. yealriLof age, to be under
jp»$5. yealriLof a
464 ANNUAL REPORT OF THE
the rules and articles of War, modified to their Circumstances,
to receive rations, 20/ per Month for pay, and a Musket and
Cartridge Box at the termination of the Month, upon a Certifi-
cate of good Behaviour and faithful service for that time. The
officers to receive nothing but Rations. These volunteers, thus
disciplined and equipped with arms, should be the advanced
Corps upon an emergency and should stipulate accordingly. In
this way a respectable force would be ready near each vulner-
able point to take the Field upon alarm, with the promptitude
and immediate usefulness of Regular troops & would give an
opportunity for the residue of Militia to become a little inured
to the discipline and duties of actual service, before they need
meet the enemy. But even should the services of the advanced
Corps be dispensed with in consequence of a fortunate turn of
our Affairs, the beneficial effect of diffusing military knowledge
& emulation throughout the whole Militia by sending home
amongst them 4000 well disciplined, well equipped and Patriotic
Soldiers, would alone compensate for the expence. Should the
Plan, the outlines of which are here suggested, meet the appro-
bation of the Committee, I will then submit to them the pro-
posed organization, and an estimate of the expence of such can-
tonments, and also the system of Regulation or the Rules and
articles of War which have occurred to me for their Govern-
ment.
To shew the Committee the indispensible necessity of having
a considerable portion of the Militia in the Southern district
instructed in the duty of Engineers & Artillerists, .it is only
necessary to observe, that the fortifications erected by the
United States, mount about 300 Guns, some of which are 42,
some 32, & some 24 Pounders with a number of Columbiads. —
STATE HISTORIAN.
465
Mortars belonging to the United States and this State are also
ready to be used in case of maritime attack. There are also
about 50 Guns or Gun Boats in the Harbour, and about 50
twenty four, Eighteen & twelve Pounders, on travelling Car-
riages. No reasonable Calculation can be made by which all
the above mentioned Ordnance can be usefully employed at
one time in repelling an attack upon New York with less than
5000 men, independent of the number which may be necessary
to take the Field to prevent an Enemy from landing its forces
below the fortifications. Now, it cannot be expected that
Militia undisciplined and unacquainted with the use and Man-
agement of ordnance will be able to man the fortifications to
one half their effect without being previously trained &
instructed in the duty of Artillerists, and in the mode of occu-
pying and using to the greatest advantage the works which are
now erected. It is not to be expected that the United States
will or can supply New York with more than 1500 Artillerists
at any time during the present year. It will follow of course
that the works for defending that place against a maritime
attack cannot be applied with half their efficacy for the want
of competent Engineers and Artillerists to occupy and fight
them. Some plan like the one above proposed seems to me to
be indispensible for the Security of the City of New York. I
am aware of the responsibility of suggesting the expenditure
of the sums which will be necessary to carry all the preceding
objects and Plans into execution, but a sense of duty, and a
conviction of the danger and perhaps irreparable injury to
which we may be speedily subjected for the want of efficient
preparations, has compelled me to be thus explicit in represent-
ing my views of the measures essential to be pursued at this
30
466 ANNUAL REPORT OF THE
threatning period. I hope the Committee will nevertheless
remain satisfied that I entertain a suitable deference to their
opinion and shall acquiesce and cordially unite in carrying into
operation any other measures or plans which their superior wis-
dom and Experience may suggest.
9. It has often happened, heretofore, and the case now exists,
that where the amount appropriated for a certain Branch of
Military preparations, is limited, and the expence of the
intended preparations are contingent in amount and cannot be
calculated with certainty beforehand, that the expence turns
out to exceed the appropriation whilst other objects are accom-
plished without using but an inconsiderable portion of the
appropriation. The necessity of discharging the demands of
Mechanics and Manufactory's, without compelling them to wait
untill a future session of the Legislature, renders it almost
indispensible to apply a part of the Balance remaining of one
appropriation to make up the deficiency of another. Thus the
complicated objects contained in the act authorizing the pur-
chase of an additional quantity of ordnance, small arms, ammu-
nition, &c. passed in 1808, and the Laws supplementary thereto,
have exhausted the specific sum appropriated by that Act, and
left a balance the payment of which is unprovided for by law;
whilst large Balances of the sums appropriated for the defence
of this State in fortifications and for other objects of defence,
remain unexpended; I, therefore, respectfully request the Com-
mittee to procure the passage of a clause authorizing the
Balance of expenditures under the first mentioned act to be
defrayed and allowed by the Comptroller out of the unexpended
Balances of any other appropriations for Military purposes and
objects of defence. It will give me pleasure to exhibit to the
STATE HISTORIAN. 467
Committee at any time they may appoint, my accounts and
vouchers under the above mentioned Acts, with Specimens of
the Cannon, Carriages, Muskets, Rifles, setts of accoutrements
and other articles supplied under them, and to shew the Maga-
zine in this Neighbourhood, that they may judge of the fidelity
and prudence of the expenditures of part of the sums formerly
granted, before they recommend any further or new appropria-
tions or Arrangements.
Abraham Van Yechten, Esqr.*
THE GOVERNOR RECOMMENDS A NUMBER OF APPLICATIONS FOR THE
ARMY AND NAVY.
Albany, 5 February, 1812.
Sir: The only knowledge I have of Mr. James Baker men-
tioned within is derived from Col. Blackwell and Col. Mapes of
NewT York whose letters are enclosed. The last mentioned Gen-
tlemen are of the first standing and respectability in New York,
as the members of Congress of that City will inform you, and I
have, therefore no doubt that Mr. Baker is a very suitable per-
son for the office for which they recommend him.
The Honbl. William Eustis [Secretary of War].
*" It has been written of Abraham Van Vechten, that ' no name is more honored in
the State than his— honored not only as a learned, eloquent, and eminently successful
lawyer, but as a legislator whose wisdom and profundity are seen in the enactment
of many of the laws that have given protection aud greatness to the State of New
York.' He was born in Catskill, December 5, 1702, graduated at what is now Columbia
College, and studied law with John Lansing. After a short period of practice in
Johnstown he settled in Albany, where he soon ranked high among older and more
experienced lawyers. His large practice soon carried him before the higher courts,
where he greatly distinguished himself and opened the way for his preferment in
public office. He was repeatedly elected to the Legislature, and in 1813 was appointed
attorney-general of the State, and during the administration of John Jay he was
tendered the office of judge of the Supreme Court of the State; but he preferred to
remain directly in the practice of his profession and declined the high honor. He was
recorder of Albany, 1797-1808; regent, 1797-1823; State senator, 1798-1805; member of
assembly, 1805-15; attorney-general, 1810 and 1813, and a member of the Constitutional
Convention of 1821. For over half a century his brilliant mind was constantly shed-
ding its light over the jurisprudence of the State and nation. The bar long delighted
to accord to him its highest honors." — Landmarks of Albany — Edited by General Amasa
J. Parker.
468 ANNUAL REPORT OP THE
Albany, Feby. 5, 1812.
Sir: Your letter with its enclosures has been reed. By the
mail which conveys this to you, I have forwarded a letter in
your behalf and transmitted the recommendations of Cols.
Blackwell & Mapes.
It has occurred to me that should you obtain a letter from
Jacob Barker, in whose Counting House you were brought up,
to Dr. Mitchel [Mitchill] in support of your morality & integrity
whilst in his employ it will give essential aid to your other
credentials.
Mr. James Baker, No. 175 Broad Way, N. Y.
Albany, Feby. 5, 1812.
Sir: Mr. Henry Remsen Haskin, aged Seventeen years, Son
of Benjamin Haskin, of New York, solicits a Midshipmans War-
rant. The recommendation which I have of this young gentle-
man from the President of the Manhattan Bank, & my slight
personal knowledge of him induce me to present him to your
notice as a young Gentleman who has rec'd the best education,
in [is] virtuous & moral and is well qualified for and worthy
of that office.
The Honbl. Paul Hamilton [Secretary of the Navy.]
Albany, Feby. 5, 1812.
Sir: Apollos Moore, Esquire, of Rensselaerville in this
County has mentioned to me his inclination to enter the service
of his Country in a Military capacity. He served a part of the
American war in Mathew Jackson's Massachusetts Regiment
and is now a Lieutenant Colonel of Cavalrv in this State & a
STATE HISTORIAN. 469
Judge of the Court of Common Pleas. He is 45 years old but is
active and sprightly. The character of Col. Moore is irreproach-
able and his qualifications, experience & political character like-
wise in his favor. Judge Cook one of our members of Congress
is I believe acquainted with him and can give a more particular
description of him.
I recommend Col. Moore with much cordiality for appoint-
ment to a Field Officer in the Cavalry of the United States for
which I deem him well qualified in every respect.
The Honbl. William Eustis.
Albany, Feby. 5, 1812.
Sir: Mr. Benj'n Ford, of this place is a young Gentleman of
intelligence and good character. He wishes the appointment
of Captain in the Army.
I am unacquainted with his talents or qualifications as a Mili-
tary character, but have no doubt from his intelligence & pri-
vate character that he would make a good officer and therefore
recommend him for an appointment.
The Honbl. William Eustis.
Albany, Feby. 5, 1812.
Sir: The enclosed recommendation is signed by Col. Backus
of the Army whom you know, and by others who are the first
Republican characters in Greene County. Mr. Wilcox has also
been introduced to me and I can, therefore, say from my own
knowledge that his appearance is highly in his favour. I,
therefore, take the liberty of uniting in his recommendation for
an appointment as Lieutenant or Ensign.
The Honbl. Win. Eustis.
470 ANNUAL REPORT OF THE
MASTER GRAY APPOINTED A MIDSHIPMAN.
Albany, Feby. 5, 1812.
Sir: Master Gray received a Midshipman's Warrant the day
after my letter in his behalf was put in the mail. Permit me to
say that I feel deeply sensible of the obligation you have con-
ferred upon me by your kindness towards him.
The Honbl. Paul Hamilton.*
THE GOVERNOR GIVES CAPTAIN MOUNT AN ORDER FOR A NINE
POUNDER AND INFORMATION CONCERNING A GUN HOUSE.
Albany, Feby. 9, 1812.
Sir: Yours of the 26th ulto. came by the mail of last evening.
Enclosed is an order for a Nine pounder as therein desired.
The law 1808 authorizing the purchase of an additional quan-
tity of Ordnance &c. provides for the erection of Gun Houses
& appropriates Sixty Dollars for each. (Public laws of 1808
page 209.) You will observe that the place is to be previously
directed by the Governor. It is also a preliminary that suffi-
cient ground at the place should be conveyed to the State of
New York to be held by them so long as it may be used for a
Gun House & further, that a bond with security for the faith-
ful application of the money should be executed before the
appropriation money can be received. As soon as these pre-
requisites are complied with, I will give you a warrant on the
Comptroller for the Sixty Dollars. In fixing the cite of the
Gun House, the principal circumstance is the convenience of
the Company & it ought, therefore, to< be nearly central or near
their usual place of Company meeting.
Captn. John S. Mount.
*Paul Hamilton, Secretary of the Navy 1809-1813.
STATE HISTORIAN. 471
THE GOVERNOR RECOMMENDS MILITARY CANDIDATES TO CONGRESS-
MAN COOK.
Albany, Feby. 11, 1812.
Sir: Dr. John A. Hart, of Coxackie, Captain John Marshall,
of New Baltimore, Daniel Shays, Junr. of Bensselaerville and
Henry Tallmadge, of Greene County are desirous of obtaining
appointments in the Army — The first — Surgeon — the second &
third Captains and Mr. Tallmadge surgeons mate. All the
above gentlemen are recommended to me by Dr. Adams, Dr.
Ely & others of Greene County in addition to the written testi-
monial. As you are acquainted with all the Gentlemen recom-
mending them I take the liberty of enclosing the within papers
to you with a request that you will lay them before the Secre-
tary of War. I am satisfied with their credentials & hope you
will furnish to the Secretary such additional representations
as you may feel yourself justified in making.
The Honbl. Thomas B. Cook.
THE GOVERNOR AND THE ACCOUNTS OF THE BROTHERTOWN INDIANS.
Albany, Feby. 11, 1812.
Gentlemen : By your account settled by the Comptroller with
the Brothertown Indians dated 7th Inst. it appears there is
due to the former superintendent, the sum of 541 -ffo Dollars
which it will be proper for you to pay them. For the salaries
to School Master, Town Clerk &c. you will pay such eums as
are reasonable & just. For the support of the poor, of orphan
children, and other town purposes, it may be proper for you to
appropriate 450 Dollars.
It apears by a Representation made to me by the Inhabitants
of the Town of Brothertown, that they are desirous of sending
472 ANNUAL EEPORT OF THE
two or three Indians to a distant part of the western Country,,
in order to confer with some of the Delaware Indians, on the
subject of a Tract of Land, which they have offered to convey
to the Brothertown Indians. I therefore approve of your
appropriating at your discretion about 350 Dollars after pay-
ing the foregoing sums the amount that may then remain iit
your hands may be distributed by you as premiums to particu-
lar Indians for Industry or for such other purposes as in your
opinion may most likely promote the general wellfare of the
Indians.
As to the Stockbridge Indians, it appears by the acc't settled
with the Comptroller dated 7th inst. that there is due to the
former superintendents 18 -nfo Dolls., which you will pay
them, after which there will be in your hands 193 -1% DoPs..
You will expend this in paying such debts, as those Indians are
now due to persons who have heretofore afforded them supplies,,
or in any other way as in your opinion may be of the best advan-
tage to the said Indians.
To the superintendents of the Brothertown Indians.
THE GOVERNOR CALLS UPON GENERAL PAUL TODD FOR AX
EXPLANATION.
Albany, Feby. 11, 1812.
Sir: A Communication has been made to the Council of Ap-
pointment remonstrating against your division order, which
assigned Dr. Williams, Inspector of Swit's Brigade, as unauthor-
ized by the General Orders organizing the present Brigades of
your Division. I have taken the liberty to write to you prepara-
tory to any proceedings by the Council, to advise you of the-
STATE HISTORIAN. 473
Complaint & to request that you will come forward immediately
to explain to me your proceedings upon that subject.
Genl. Paul Todd, Berne, Albany County.
ADDITIONAL APPLICATIONS FOR MILITARY GLORY.
Albany, 11 Feby., 1812.
Sir: The Gentlemen who sign the within papers are respect-
able. Mr. Titus is one of the first characters in Kings County
& Mr. Fleet is Lieut. Col. of the third Regiment of Artillery in
the City of New York. I am unacquainted with Mr. Youngs
whom they recommend, otherwise than having had one interview
with him; and as he informed me that he intended to present
himself personally to you and, therefore, it will not be necessary
for me to speak of his age or appearance.
The Honbl. Wm. Eustis.
Albany, February 11, 1812.
Sir: The political character of Mr. James Rees, of Geneva is
that of an f American Federalist. His Son mentioned in the
within letter is a Lieutenant of the Artillery Company at that
place. I have been introduced to him & have seen him officiate
in his Military capacity, and have no hesitation in saying that
he appears to be a modest, amiable and intelligent young man
& qualified for a Military station.
Mr. Swartwout the subscriber to the other enclosure is also a
warm Federalist, but has, heretofore, volunteered his services
in the United States detachment, with a large Company of Gren-
adiers then under his command. He is now Brigade Major &
Inspector of the Militia in Onondaga County, and has in every
Military capacity which he has held, conducted so entirely to
474 ANNUAL REPORT OF THE
my satisfaction that I cannot withold my testimony of his intel-
ligence & of his fitness in point of talents for the Command of
a company in the Army.
The Honbl. Wm. Eustis.
THE GOVERNOR TO M,R. SECRETARY GALLATIN IN REGARD TO-
FUGITIVES FROM JUSTICE.
Albany, Feby. 11, 1812.
Sir: I have the honor to send you the copy of a letter from
Mr. Sailly* relative to an occurence with which he has doubtless-
made you acquainted.
The act of Congress concerning Fugitives from justice does
not extend to the demand of a person from the jurisdiction of an
other Government. If the Administration of the Government
of Canada were inclined to surrender up Fugitives from the jus-
tice of this State, it would not be in our power to return the
Courtesey without legal provision by the Government of the
United States. The numerous crimes which have been com-
mitted near our Northern & Western Frontiers by persons who
immediately seek refuge in Canada, renders some provision to
that effect highly important and necessary and I, therefore, beg
leave to ask your attention to it.
I take this opportunity of mentioning, that I transmitted some
time since the receipt of Mr. Asa Wells for the |200 which you
* Pittsburgh, february 15, 1812.
Dear Sir: I had the honor to write to you respecting the breaking of my house with
the intent of robbing or murdering me. I also took the liberty to surmise whether or
not it would 'be proper to claim from the executive of Lower Canada Joseph Colbreath
Junr. the villain who I wounded and was rescued from the custody of our Sheriff
here. I have been informed since that it was the general opinion of gentlemen in
Canada that if a proper application was made the man would be surrendered.
You will oblige me to inform me by Mr. Palmer the bearer if any thing can be done
through you or not. Had we that man in our jail I believe the instigators of that
piece of villanv could not escape punishment.
I am dear sir, respectfully, Your Obedt. humble servant.
Petr. Sailly.
Governor Tompkins.
STATE HISTORIAN. 475
authorized me to pay him & not having heard anything on the
subject since, I begin to be apprehensive it may have miscarried.
The Honbl. Albert Gallatin.
DR. CHICHESITER BROWN APPLIES FOR A SURGEON'S POSITION IN THE
ARMY.
Albany, Feby. 12, 1812.
Sir: Dr. Chichester Brown, of Orange Oounty, in this State
is desirous of obtaining the appointment of Hospital Surgeon,
or, if that be impracticable, of Regimental Surgeon in the Army.
He is a Gentleman of the first literary & professional endow-
ments. He is Son in Law to the venerable Doctor James G.
Graham, whom I had occasion to mention to you a few days
since.
Dr. Brown's Professional, moral & political standing & a sin-
cere desire to be instrumental in promoting the happiness of
Dr. Graham, who is one of the worthiest of Men, require me to
recommend Mr. Brown in the warmest manner for the appoint-
ment he wishes to obtain.
The Honbl. Wm. Eustis.
REVISION OF CHANCERY PROCEEDINGS.
Albany, Feby. 12, 1812.
Sir: The enclosed document has been transmitted to me by
several of the Masters of the Court of Chancery in the City of
New York; and as the communication of his honor the Chan-
cellor has been referred to a Committee of which you are Chair-
man I deem it an act of propriety and justice to lay this docu-
ment also before that Committee.
Mr. William Boss.
476 ANNUAL EEPORT OF THE
THE GOVERNOR TO MR. COMPTROLLER M'lNTYRE WHARFAGE AT SAG
HARBOR AND MR. FRISBEE's BOND.
Albany, Feby. 12, 1812.
Sir: As the enclosed document decides the Quantum of
Wharfage which is to be accounted for by the agent of the State
at Sagg Harbour, it seems proper that it should be deposited
in your office and I enclose it to you for the purpose of being
filed there accordingly.
I have to apologize for the trouble I gave you in searching for
Mr. Frisbee's Bond in your office. It had escaped my recollection
that I had returned it in my own possession where it has since
been found.
Archibald Mclntyre, Esqr.
THE GOVERNOR RETAINS COUNSEL TO PROTECT STATE INTERESTS IN
THE TITLES OF ONONDAGA iSALT SPRINGS TITLES.
Albany, February 12, 1812.
Sir: I beg leave to inform the Committee appointed upon
the subject of the Onondaga Salt Springs, that in the act con-
stituting Commissioners for settling the titles to salt lots, no
provision was made for agents or Counsel to collect arrange
and enforce the evidence in behalf of the rights of the State;
and it would not be expected that the Commissioners would
descend from the impartiality of their station to search out or
produce evidence. I deemed the importance of the subject such
as to justify me in the opinion of the Legislature to anticipate
their wishes by employing counsel to appear before the Com-
missioners in behalf of the State. I accordingly engaged
Mathew Williams, Esqr., the district Attorney, who attended
STATE HISTORIAN. 477
the Commissioners and discharged the trust reposed in him
with ability & fidelity, for which I have in behalf of the State
paid him one hundred and twenty five Dollars. It is submitted
to the Committee whether my conduct in this respect will jus-
tify Legislative confirmation, and if it will, the Committee are
respectfully requested to recommend or bring in a clause to
reimburse me the sum advanced as aforesaid to Mr. Williams.
The Chairman of the Committee of the Legislature on the
subject of the Salt Springs.
THE GOVERNOR INFORMS DR. GRAHAM OX PERSONAL AFFAIRS.
Albany, Feby. 12, 1812.
Honored Sir: Your letter of the first Inst and also a former
one came duly to hand. I wrote upon the receipt of your first
in favour of Mr. Stewart & upon the rec'pt of your last I
addressed to Dr. Eustis, the warmest recommendation of Dr.
Brown which I have hitherto sent. I have never visited Wash-
ington City nor sought confidence or favours there by any other
means than by my official deportment &, therefore, I am unac-
quainted with the efficacy of rny recommendations there.
I am sorry you do not mention in either of your letters the
State of your Health. Myself and family have enjoyed remark-
able good health since I had the pleasure to see you.
I do not understand your observation relative to the Bridges
in your Country. If there were any danger or difficulty cross-
ing them, we either did not observe it or it has escaped my
memory: And, therefore, that circumstance will have no influ-
ence in deterring me from calling on you whenever business or
pleasure may lead me through Ulster.
478 ANNUAL REPORT OF THE
You will do great injustice to my respect and affectionate
regard for you, to suppose that any information, advice or busi-
ness which you have occasion to give me, will be deemed
obtrusive or troublesome.
Please present my respectful compliments to Mrs. Graham &
the family, & remain assured of my great veneration and esteem
for yourself.
The Honbl. James G. Graham.
THE GOVERNOR INDORSES MR. DONNELLY'S APPLICATION TO BECOME
A SAILING MASTER.
Albany, Feby. 12, 1812.
Sir: Mr. Donnelly, mentioned in my letter of the 16th of
Jany Ulto., would be glad to receive the appointment of Sailing
Master, provided you think him competent from the description
I have given of him. He says he should not wish to be
appointed without its being explicitly known to you that he
has never been at Sea, but has served on Board a Hudson River
Vessel or Sloop, constantly from twelve years old and can sail
and manage a Gun Boat as well as any person in the State.
I repeat these facts at his request, that you may be able to
judge from the extent of his nautical knowledge and practice
of his fitness for the office of Sailing Master. Should you deem
that knowledge & practice sufficient to justify his appointment
& assign him to a Gun Boat in the first instance, he will receive
the office greatefully and exert himself to discharge its duties
faithfully.
The Honbl. Paul Hamilton.
STATE HISTORIAN.
479
MR. SMITH'S ACCOUNT SETTLED.
Albany, Feby. 12, 1812.
Dr. Sir: By the mail which conveys this letter I have written
to Genl. Morton to settle your account at the rate allow'd last
year, and have remitted funds to the Commissioners for that
purpose.
Arthur Smith, Esqr
480 ANNUAL REPORT OP THE
AGGRESSIONS UPON INDIANS.
GOVERNOR TOMPKINS GIVES DETAILED INSTANCES TO THE CHAIRMAN"
OP THE ASSEMBLY COMMITTEE ON INDIAN AFFAIRS.
' Albany, February 12, 1812.
Sir : I consider it to be my duty to make you acquainted with
the proceedings which have taken place under the authority
given last year, relative to the purchase of Lands from the
Indians.
The reversionary claim of the Oneida Nation of Indians to the
Brothertown & Stockbridge tracts of Land, was extinguished at
a Treaty held at Oneida Castle, in July last. A Release to the
people of this State was obtained for the consideration of 1200
Dollars, which has been paid. No annuity has been allowed &7
therefore, the aforesaid sum with the expences of the treaty is
the whole price which that important claim will cost the State.
The above treaty was held in pursuance of the fifth Section of
our Act. passed 29th March 1811. entitled "An act for the benefit
of the Onondaga tribe of Indians, & for other purposes." The
authority to treat with the Seneca Nation of Indians, for the
purchase of the Islands in the Niagara River, was predicated
upon a previous suggestion from some of the Chiefs, of willing-
ness to dispose of those Islands. In May I rec'd. a notification,
that they had changed their minds & were disinclined to nego-
tiate upon that subject during the last year. In the course of
a journey to the westward, however, I had an interview with a
deputation of chiefs and warriors of that Nation which produced
no change of the determination of which I had been notified in
May. I took that opportunity of explaining to them the nature
and slenderness of their title by shewing them that by Mr. Pick-
STATI: HISTORIAN. 481
ering's Treaty hold at Oanandaigua in November 1794, the lands
which they reserved were specifically described by metes and
bounds, which metes and bounds excluded the aforesaid Islands,
and that as by that treaty they expressly released every preten-
tion and claim to any lands without the boundaries of their
Reservation, the said Islands did now in strictness belong to the
State of New York. The supposed right of Sir John Johnson to
those Islands was noticed, and the consequent title of the State
to them without a purchase from the Indians explained. If Sir
William Johnson ever had a valid title for those Islands from
the Indians, it descended upon his death to Sir John Johnson,
upon whose 'attainder it vested in the people of this State. It
was suggested to the Senecas, that the State would nevertheless
manifest its friendship and liberality towards them by purchas-
ing and paying for that which by rigid Rules might be recovered
without consideration. It was barely urged by me that the pre-
ceding circumstances ought to have great weight upon their
minds in deciding upon the price of the land contained in those
Islands.
I have no doubt the precarious State of our relations with
Canada alone, induced the Senecas to defer any negotiation rela-
tive to the sale of the Islands in the Niagara River to some
period at which a treaty might be held by them on that subject
without exciting the jealously and suspicion of the Canadian
Government. If the power to make the purchase be not revoked,
I feel well assured that it may be effected in the course of the
ensuing year. The chiefs with whom I conversed, manifested
great solicitude to maintain amity and perfect friendship with
the Inhabitants of this State. They remonstrated against the
intrusions upon their territory by White people, but expressed
31
482 ANNUAL KEPORT OF THE
much satisfaction at an assurance by me that I would recom-
mend to the Legislature to punish such intruders in some prompt
and summary manner.
I have been induced by considerations of prudence, to forbear
to open a treaty with the St. Regis Indians pursuant to the au-
thority granted last Session, in consequence of the delicate situ-
ation of affairs between the United States and Great Britain.
The most open and candid negotiation with an Indian Tribe
divided in their attachments & affections between Great Britain
and the United States, resident upon the Boundary line between
us and Canada, could not have failed during the last year to
excite Jealousy and alarm amongst our Canadian 'neighbours,
or to be construed into an attempt indirectly to tamper with the
Indians upon the eve of an apprehended Rupture. I trust my
determination to defer for that reason, to a more convenient
session, the execution of the power vested in me by the concur-
rent Resolution of 23d March last, will be judged to have been
discreet and worthy of your approbation.
With respect to intrusions upon lands of the Oneida Indians,
I have only to say, that cases come under my own observation
during the Treaty at the Castle, which excited my sympathy for
the persecuted individuals of that nation, who had been violently
expelled from their huts, gardens & plantations by white people.
I made enquiry into one of the complaints, the intruder being
present at the Treaty, confessed the fact, and being alarmed by
the indignation which I expressed at his conduct, and by an
assurance that on my Return from the Westward, I should
interfere to his sorrow, he abandoned his usurpation and sur-
rendered possession to the injured Indians before my Return.
STATE HISTORIAN. 483
With Respect to Trespasses upon the public lands owned by
the State, the complaints from Oswego, Niagara and other
places, of the waste and destruction of Timber &c by intruders,
"have been numerous & various. The law confirming a purchase
from the Oneidas expressly declared that there should be no
right of preemption to those lands with a view to discourage
trespassers upon that tract. Notwithstanding which, One
Palmer amongst a variety of Trespasses, went and took posses-
sion of a Lot on the Turnpike Road adjoining the Ofieida Creek,
at the head of Navigation, where is an eligible site for an import-
ant village. An ejectment was brought when Mr. Van Yechten
was Attorney General, but has not yet been tried. He has built
#, dwelling House, Shed and other conveniences for a Tavern, and
pays no regard to the orders or measures of the Public Officers.
The timber on Grand Isle, in Niagara River, belonging to the
Senecas is some of the best in the vicinity of the Lakes. My
information from the Senecas and from others, together with
ruy own observation, in passing the Island by land and by water
last summer, enables me to say that the destruction of timber
"by the White Inhabitants both of the American and Canada
sides has been great.
Complaints have also been repeatedly made to me by the St.
Regis Indians of trespasses of white people upon their lands.
It will not, perhaps, be expected by the Committee that I
should state any opinion as to the remedy for intrusions upon
State lands or Indian Territory, other than that suggested in
my public communication to the Legislature. In the year 1788,
An Act was passed giving authority summarily to expel Intrud-
ers from the possession of public lands, and declair such intru-
484 ANNUAL REPORT OF THE
sions to be an indictable offence, which act was executed with
salutary effect. Perhaps the Attorney of the District would be
the most proper person to take notice of the Complaint of intru-
sion in the first Instance, and to draw and present the necessary
process. The first Judge of the County might be the Judicial
Officer to award the process, and the Sheriff the proper officer to
execute it.
A warrant for apprehending the offender to give bail for his
appearance at the ensuing Court, and a warrant for removing his
family and goods would perhaps be the only needful process.
Thos. P. Grosvenor, Esqr., Chairman of the Committee; on
Indian affairs.
THE GOVERNOR ACKNOWLEDGES MR. CURTENIUS' POLITENESS IN
FORWARDING AN OFFICIAL CENSUS RETURN.
Albany, February 12, 1812.
Dear Sir: I feel much obliged by your politeness in procuring
& sending to me an official Eeturn of the Census. I send you a
check for the amount of the Clerk's bill, which bill I will thank
you to have receipted and enclosed to me by mail. As the ex-
penditure was for the State it will be necessary for me to have
a voucher for it.
I have no right to give you this additional trouble, but I trust
to your usual kindness for a compliance and will add that when-
ever an opportunity presents of returning the favour it will give
me pleasure to embrace it.
Peter Curtenius, Esqr.
STATE HISTORIAN.
485
THE GOVERNOR TO GENERAL MORTON ON FINANCIAL, AFFAIRS, WITH
A CHECQUE FOR MR. FLEW WELLING.
Albany, February 12, 1812.
D'r Sir : Yours of 29th January, arrived at a season of great
tumult & business in my office, which must be received as my
apology for delay in answering it. I have drawn on Mr. Flew-
welling in favour of the Commissioners for $1250, with which
you will proceed to pay Mr. Smith & others & then send me your
account, vouchers and Annual Report. I see no just grounds
arising out of the Communication which were made to me in
January, to fix any other Rule for the compensation of Mr.
Smith, than that which was adopted last year, and as it falls upon
me to determine that point I request you to settle his account
accordingly.
Genl. Jacob Morton.
P. S. Why lingers your return for promotion.
Albany, February 12, 1812.
D'r Sir: I enclose a check on the State Bank in your favour
for f 1250, which I will thank you to carry to the credit of the
Commissioners of Fortifications.
Samuel Flewwelling.
GOVERNOR TOMPKINS RECOMMENDS MR. HEARD AS CO'NSUL GENERAL
TO LONDON.
Albany, February 17, 1812.
D'r Sir : I am informed that there is a vacancy for a Consul
in London occasioned by the Death of Mr. Lyman. Mr. Nichos.
T. Heard,* late of New York has resided in London for some
years past and contemplates making it his future residence,
should he be honored with the above mentioned office.
*Mr. Heard failed of appointment
486 AJ&UAL REPORT OF THE
I am not personally acquainted with Mr. Heard, but from the
assurances I have reed, with respect to his intelligence, mer-
cantile knowledge, & respectable character, I am enabled to-
recommend him to your notice for the appointment of Consul
a t London.
Genl. John Smith.*
N. B. A copy of the above was directed to Genl. O. German.
MR. STOCKHOLM ACCUSES PHILIP SPENCER OF ATTEMPTING TO
TRADUCE HIS CHARACTER.
Albany, February 17, 1812.
Sir: Your letter of the 14th Instantf contained the first inti-
mation which I have received to the best of my recollectionr
*
of imputations against your character.
D. B. Stockholm, Esqr.
* Smith, John, was born at Brookhaven, New York; a member of Assembly 1784-1799;
elected a representative from New York in the Fifth Congress (in the place of Jonathan,
N. Haven, deceased) as a Democrat, receiving 1,599 votes against 1,098 votes for
S. Wood, Federalist, and 150 scattering; re-elected to the Sixth, Seventh and Eighth,
Congresses, serving from February 6, 1799, to February 23, 1804, when he took his seat
as a United-States senator from New York (in place of De witt Clinton, resigned),,
serving to March 3, 1813; was appointed by President Madison in 1813 United-States
marshal for the district of New York; died at Brookhaven, New York, August 9, 1816-
tTc his Excellency Daniel D. Tompkins Esq., Governor of the State of New York.
Sir, From the conduct of P. Spencer Junior towards me since his return from Al-
bany— From his confusion and other evident marks of guilt which were clearly mani-
fested to my mind at my first interview with him after his return to this place — and
from the general tenor of his conduct since that time I am constrained to believe that
he has been very active in his endeavours whilst at Albany to traduce my character
and to create in the minds of your Excellency and the Council a suspicion that I
am unworthy of the offices for which I have had the honor to apply. The character
of Phillip Spencer must be well known to your Excellency. It is therefore altogether
unnecessary for me to attempt its delineation.
If my conjectures are correct — If Mr. Spencer has had the meanness and cruelty to
asperse my character for the purpose of the gratification of unprovoked malice and
of having the fiendlike satisfaction of beholding a young man just entering on the-
theater of action and who has never injured him in any respect disappointed in his
well founded expectations altho' my application may not be successful in consequence
of his misrepresentations— yet I am compelled to pity whilst I abhor and despise the-
monster. The offices would be very acceptable to me — But I appretiate the good opin-
ion of your Excellency (for whose character I have the highest veneration) much more:
highly than any office in the gift of the Council the duties of which I am qualified to
perform — and shall consider it one of the greatest misfortunes of my life if the malice
of the abovementioned person shall have injured my character and diminished the
good opinion which your Excellency may have entertained concerning me. I could
STATE HISTORIAN.
487
THE GOVERNOR FORWARDS TO THE SECRETARY OF WAR THE ANNUAL
RETURN OF THE STATE'S MILITARY STORES.
Albany, February 19, 1812.
Sir: I have the honor to enclose the Annual Report & return
for 1811 of the Military Stores belonging to the State of New
York.
The Honbl. Wm. Eustis.
SEVERAL ADDITIONAL MILITARY APPLICATION'S FROM THE GOVERNOR
TO THE SECRETARY OF WAR.
Albany, Feby 21, 1812.
Sir: Messrs. Alexander Ferguson, Mansfield Barlow, and
Eliud L. Davis of Char 1 ton, in the County of Saratoga are
desirous of obtaining appointments in the New Army. The
first wishes a Captaincy, thfe second a Lieutenancy, the third
will be content with an Ensign's Commission. I have the best
evidence of the good Moral characters & respectable standing
of each of them & believe that were they appointed, they would
be able to enlist a Company in that part of the State in which
they reside. Mr. Ferguson has heretofore commanded one of
the best Light Infantry Companies of Saratoga County. I have
no doubt the above named Gentlemen are qualified for and
worthy of the stations solicited by them and recommend them
accordingly.
The Honbl. Wm. Eustis.
have obtained recommendations from many of the most respectable gentlemen of this
county but did not deem it necessary because I conceived that the information com-
municated to your Excellency on this point by D. A. Brinckerhoff Esq. a connection
of mine would be satisfactory.
I am sorry to trouble your Excellency with the perusal of letters which can interest
no one but myself and hope that the desire of vindicating my character will apologize
for my intrusion on your time and patience.
I am with great respect Your Excellency's very humble servant.
Derick B. Stockholm.
Po'hkeepsie, Feb. 14, 1812.
488 ANNUAL REPORT OF THE
A FINANCIAL TRANSACTION.
Albany, Feby 21, 1812.
Sir: Herewith you will receive a check payable to your order
for $600, which together with the check for 1000 Dollars hereto-
fore transmitted, will meet my note payable the 28th. I will
thank you to deface the endorsement and enclose the note to me
after it shall be paid. %
Being much pressed at this busy moment, I can only add, that
although I prefer paying off at this time my note for $1600 yet
should I find myself straitened before my return to New York, I
shall take the liberty of availing myself of your kind offer to
procure me accommodation provided, I shall not be advised by
you in the mean time that my credit is impaired with the Direc-
tors of the Mechanics Bank.
I entertain a due sense of their politeness and of your per-
sonal kindness.
Francis Cooper, Esqr.
P. S. I reed, a letter from Mr. Fenwick a few evenings since,
which I wTill answer at the first leisure moment. Please to men-
tion this the first time vou see him.
A DRAFT ON WHITEHEAD FISH.
Albany, Feby 21, 1812.
Sir: I have the honor to acknowledge the recpt. of your
draft No. 4035 on Whitehead Fish, Esqr, in my favour for Two
hundred and Six Dollars.
Tho T Tucker, Esqr.
STATK HISTORIAN.
MORE ARMY RI'X'O.M M KM >ATI< >.\S FKn.M THE GOVKRM »K.
Albany, Feby 21, 1812.
Sir: John W- Gibson, Esqr. Attorney & Josiah Falconer,
Merchant resident in the City of New York are applicants for
appointments in the Army. Mr. Gibson lived with me from 14
to 21 years of age [sic]. He is intelligent and ardent and would
I think make an active & capable subaltern officer.
Mr. Falconer is also an intelligent, active & moral young man
in every respect fit for the office of Lieutenant in the Artillery.
Both the above mentioned Gentlemen are Republicans.
The Honbl. Wm. Eustis.
Albany, February 21, 1812.
D'r Sir: One of your constituents Major John V. H. Huyck,
of Ulster, is anxious to obtain the office of Major in the Army.
With Mr. Huyck's moral £ political character you must be better
acquainted with than I am. In intelligence and appearance he
seems to be well calculated for that appointment. I will thank
you to mention his name to the Secretary of [War] with such
statement relative to his moral character & standing in society
as your knowledge of him may enable you to give.
The Honbl. Thomas B. Cook.
THE GOVERNOR CONGRATULATES MR. SAILLY ON HIS ESCAPE FROM A
ROBBER AND REFERS TO THE WEtAKNESS OF THE LAW REGARD-
ING FUGITIVES FROM JUSTICE.
Albany, Febry 21, 1812.
Sir: I have been honored with your letter apprising me of the
Burglary £ intended Robbery of your House and rejoice that the
villians were repulsed & your life preserved. Upon the receipt
of that letter I addressed a communication to the Secretary of
490 ANNUAL REPORT OF THE
the Treasury urging the propriety of taking measures for an
arrangement to apprehend Fugitives from the Justice of the
respective Governments of Canada & the U. S. The law which
now exists respecting Fugitives from justice extends to demands
from the Executive of the respective states only. If, therefore,
any application should be made by me to the Governor of
Canada, it must be predicated upon an appeal to the Courtesy,
which ought to exist between neighbouring Governments, and
should he yield to my request in this instance upon the ground
of Courtesy, he would expect that where an offender should
escape hereafter from Canada into this State, a similar demand
of his would meet with the like attention from us. But you
know the Executive of this State has no power or control over
the liberty of an individual, which would enable him to arrest or
surrender him up to a foreign Government for a crime com-
mitted there. I have always, therefore, heretofore declined to
make any formal or official demand from the Government of
ICanada of Fugitives from the justice of this State. But should
you desire or point out any method by which informally or
through the agency of private persons, I could be instrumental
in obtaining the apprehension and surrender of Colbraith it will
afford me the greatest satisfaction to engage in it. I am in
hopes of hearing from the Secretary of the Treasury in a few
days, when I will write to you again upon this subject.
The pressure of the business & the loss of time incident to the
sitting of the Legislature & of the Councils must plead my
apology for the delay of this answer.
With respectful regards to Mrs. Sailly & family and with
assurances of esteem and attachment for yourself.
The Honbl. Peter Sailly.
STATE HISTORIAN. 491
P. S. Would the offering of a reward have any good effect in
procuring Colbraith's apprehension.
THE ARMY OF MILITARY APPLICANTS INCREASING.
Albany, 21 Feby, 1812.
Sir: Mr. Henry Wells whose recommendation is enclosed
solicits the office of Lieutenant in the Army. My confidence in
the assurances of Genrl. Wtilkin and his colleagues who sub-
scribe the within, added to my knowledge of the appearance
and intelligence of Mr. Wells justify me in recommending him
to your favourable notice.
The Honbl. William Eustis.
THE GOVERNOR TElSTILY OPPOSIOS THE AMBITION OF CERTAIN
FEDERALIST MILITARY OFFICERS.
Albany, Feby 22, 1812.
Dear Sir: By the politeness of a friend I have been favoured
with a list of some of the Candidates from this State for pro-
motion or appointments in the Army. Amongst them I observe
the names of following Gentlemen who a.re said to have been
.mentioned for General £ field officers viz't: Benjamin Walker,
Quarter Master General; Samuel A. Barker, Brigadier General;
William North, Brigadier General; Aquila Giles, Lt Colonel;
Solomon Van Rensselaer, Colonel.
The State of New York scarcely contains other live men more
distinguished for political intolerance or in whose capacity and
fitness in other respects the Republicans of this State have less
confidence. I hope you will duly appreciate my motives in sug-
492 ANNUAL REPORT OF THE
gesting that in my opinion the Republicans of this State will
not relish the Appointments of such men as the before men-
tioned to the most important Military Stations.
The Honbl. John Smith.
THE GOVERNOR SUGGESTS SEVERAL NAMES TO CONGRESSMAN COOK,
Albany, 22 Feby, 1812.
Dr Sir: Col. Darius Phelps, Ezra Post, Junr, Rem Allen,
Edward W. Hinman & John Giddons all of the County of Greene
are candidates for the Army. As you are personally acquainted
with the persons who recommend them and I believe with most
of the Candidates, I have thought it most prudent to enclose
their papers to you with a request that you will lay before the
Secretary of War with such remarks as to the character &
politics of the several Gentlemen as you may judge proper.
Permit me to observe that I have been introduced to several of
the Candidates & that their appearance together with the
respectability of their recommendations, induces me to believe
that they are suitable characters for the respective stations
solicited by them; additional credentials of Dr. John A. Hart
whose name was contained in my last letter are also enclosed.
The Honbl. Thomas B. Cook.
THE GOVERNOR RECOMMENDS MR. BLAIR AS A MIDSHIPMAN.
Albany, Feby 22, 1812.
Sir: I am desired to forward to you the enclosed papers with
a view to obtain the office of Midshipman for Jok K. Blair men-
tioned therein.
STATE HISTORIAN. 493
Mr. Nicholson was formerly a representative in Congress
from this State and is a Gentleman in whose representation I
have full faith. Your acquaintance at Charleston, will enable
you justly to estimate the testimonials of Mr. Blair, subscribed
by Gentlemen there.
The Honbl. Paul Hamilton.
THE GOVERNOR SUBSCRIBES TO THE " LYNX."
Albany, 22 Feby, 1812.
D'r. Sir: Having occasion to address a few lines to the
Editor of the " Lynx " I have ventured to trespass upon your
goodness so as to send the letter under a direction to you &
ask of you the favour to deliver or forward it to Mr. Fay.
Jasper Hopper, Esqr.
Albany, Feby 22, 1812.
Sir : Your communication under date of the 27th of January
came duly to hand; but the pressure of business incident to the
early part of the Legislative session has prevented an earlier
attention to its contents.
You will please to consider the twenty five Dollars now
enclosed as my original subscription to the establishment of
the " Lynx." Any occasional contributions in future whicfc
may be required and which may comport with my pecuniary
resources will be chearfully afforded.
Mr. Thomas C. Fay.
494 ANNUAL EEPORT OF THE
THE GOVERNOR TO GENERAL PORTER RECOMMENDS MILITARY
APPLICANTS.
Albany, Feby 22, 1812,
D Sir: Presuming that you are acquainted with Col. ThacE-
deus M. Wood, of Onondaga County, I have taken the liberty
of enclosing his letter recommending three young Gentlemen
for the Army. You may also be personally acquainted with
some of the candidates mentioned by him.
Captn. Sexton & Mr. Babbit are, as you will observe, recom-
mended by the first characters of Schenectady. Mr. Sexton has
commanded an Artillery Company at that place with reputation
and is regarded as a moral, respectable & intelligent Republi-
can.
Peter Sexton, son of Captain Sexton is solicitous for a cadet's
warrant. I have satisfactory assurances from Mr. Yates and
others of his intelligence & Morality and feel confident in recom-
mending him for a Cadet. His age is sixteen years.
If you will be so kind as to lay the enclosed papers before the
War Department with such favourable remarks as your
acquaintance with the subscribers and candidates will warrant,
you will confer an essential favour on them and at the same
time will oblige.
The Honbl. Peter B. Porter.
THE GOVERNOR PERFORMS A KINDLY ACT FOR A FRIEND IN THE)
INTEREST OF MASTER JOHN GRIGG.
Albany, Feby 22, 1812.
Dr. Sir: I enclose a letter containing some observations
about master John of the import you desired. I have thought
STATE HISTORIAN. 495
proper so (o word the letter that it may not appear to have pro-
ceeded from your suggestion.
Mr. John Grigg.
Albany, Feby 22, 1812.
D'r Sir: Having a few moments of leisure I avail myself of
it to drop you a few lines advising you of the good health of
myself & family.
The session of the Legislature has progressed thus far with
remarkable harmony and unanimity. Party considerations
seem to have yielded & hope on all occasions they will yield to
paramount national concerns.
It will give Mrs. Tompkins & myself great pleasure to be
informed of the health of Mrs. Grigg & the family; mention me
affectionately to master John; tell him from me that he must
not becloud his promising beginning by relaxing in industry &
progress in study. I remember when I was about his age, my
vanity often induced me to suppose that I had obtained suffi-
cient education and information to make my way through the
world with reputation and usefulness, but my good father & my
teachers thought otherwise & their opinion prevailed. I have
often thought of the deplorable consequences which would have
followed, had I been allowed to follow the suggestions of my
own immature judgment. This information will not perhaps be
needed by master John, who doubtless thinks more justly upon
those subjects than I did, and who would not for any considera- .
tion be debarred of the privilege of continuing his studies until
he shall arrive at the age of twenty one. I shall be mortified,
if he entertain or practice my former boyish opinions upon that
subject, and forsake his studies in youth, for he will thereby
destroy the confidence which I entertain of his future reputation
490 ANJ^UAL KEPORT OF THE
& usefulness, & will when he arrives at my present age lament
it. If, therefore, he should even speak of leaving academical
studies until he shall be advanced to the age of eighteen or
twenty years, earnestly caution him against it, for if he do leave
his studies before that age and enter into profession of a
Clergyman, Lawyer or Doctor, the want of a more thorough
classical education will, forever, keep him in the lowest and
most contemptable grade of his profession.
Mrs. Tompkins desires to be affectionately remembered to
Mrs. Grigg to whom & to Mr. Pell, your family & yourself I
tender my respectful regards.
Mr. John Grigg.
THE GOVERNOR FORWARDS MONEY TO PAY FOR CARTRIDGE BOXES.
Albany, 22 Feby, 1812.
Sir: I have forwarded the money to pay you for the Cart-
ridge boxes &c by Mr. Mclean, who left Albany this morning.
The variety & perplexity of my duties for some time after the
commencement of the Legislative session is my only apology for
the delay of the above mentioned remittance.
Benjamin Haight, Esqr.
THE GOVERNOR TO THE ADJUTANT-GENERAL IN R'EGARD TO AMENDING
THE MILITIA LAW.
Albany, 22 Feby, 1812.
D'r Sir : Yours of the 18th with the enclosures is reed. The
letter to Genl. Hurd was received and forwarded. It so hap-
pened that two days before your letter arrived I had received
Col. Cleveland's return of Hurd's Brigade and had enclosed it
to Genl. Hurd in like manner as you did the other Regimental
STATE HISTORIAN. 497
returns of his Brigade. In the same way returns from Dutchess
have been sent back by me; so that you see I have some decision
left.
You need not make out any formal report unless you choose.
If you will send me Militia law or the alterations you have pre-
pared, or your memoranda for the alteration or revisal of the
old law, it will be sufficient. As the Military Committee have
once or twice jogged my elbow, the sooner the preceding papers
are forwarded the better.
The Honbl. Wm. Paulding, Junr.
a HE GOVERNOR CORDIALLY RECOMMENDS ELISHA TAYLOR FOR A
LIEUTENANCY OF ARTILLERY.
Albany, Feby 24, 1S1.2.
Sir: Mr. Elisha Taylor of Schenectady, is now a cornet of
Horse Artillery, and wishes to be appointed a Lieutenant in
the Artillery of the United States. He is an enlightened, enter-
prising, young Gentleman, of excellent moral character of
Republican principals & well suited in point of age and military
qualifications for the appointment above mentioned, for which
I cordially recommend him.
The Honbl. William Eustis.
THE GOVERNOR DISPOSED TO DISCIPLINE GENERALS OF MILITIA.
Albany, Feby 24, IS 12.
Dear Sir: The return from Major General Stephen Van Kens
selaer was handed to me with an explanation which induces me
to think that it is most best to send it back to him. lie informed
that the Return for one Brigade was all he had received — that
32
498 ANNUAL REPORT OF THE
he considered it his duty to make that Return to you arid
enquired of me the proper course to be pursued with his Gen-
erals, whose returns were yet wanting. I gave him my opinion
that he ought to represent their delinquency in a letter
addressed to me which I would lay before the Council, which
he agreed to do. My opinion is that in every other case where
no explanation or representation against the delinquent Genrl.
shall accompany a partial Return, so that the Council cannot
take notice of the matter or act upon it, the return ought to
be sent back with your reasons for doing so. But this seems-
to be unnecessary, where the Major General shall send all the-
returns which have come to him & shall, moreover, represent
therewith, such facts as will constitute specific charges against
the delinquent Generals for a Court Martial or for the Council
of Appointment to notice their conduct summarily. 1 must
confess, that I am at present in favour of the latter method,,
and if you approve of it & report to me the names of those
whose division or Brigade Returns either of Inspection or for-
promotion do not comport with the law & General Orders, I
intended to propose to the Council to call upon the whole lot
to shew cause by a certain day why they should not be removed
from office. Such a call published in the newspapers would ia
my opinion have an awakening effect, especially if a few execu-
tions take place on the day appointed for shewing cause.
My letter of Saturday will apprise you of the expediency of
forwarding your memoranda or proposed alterations of the
Militia without any formal report, which has become unneces-
sary from the cause which has been adopted by the Military-
Committee.
The Honbl. Wm. Paulding, Junr.
STATE HISTORIAN.
499
THE GOVERNOR CALLS A DEBTOR 'SHARPLY TO TASK.
Albany, 24 Feby, 1812.
Sir: Not having heard from you relative to the interest of
the sum of money which you borrowed of me in the year 1810,
I take the liberty of reminding you that such remissness in the
payment of interest is in direct contravention of the assurances
you made me when the money was borrowed. I shall expect
the payment of the interest due the last year, and of part of
the principal without delay.
Stephen Lawrence, Esqr.
THE GOVERNOR SUBSCRIBES TO A WORK OF TRAVELS.
Albany, February 24, 1812.
Sir: "My subscription for two copies of "Travels in the United
States" is enclosed. The multiplication of official duties incident
to the commencement of the session of the Legislature has pre-
vented an earlier attention to your communication which accom-
panied the within proposals.
Mr. John Melish.
THE GOVERNOR INFORMS COLONEL MACOMB OF SOME OF THE PRE-
ROGATIVES OF THE COUNCIL OF APPOINTMENT.
Albany, Feby 27, 1812.
D'r Sir: By your fetter of last evening, I observe your re-
quest for a copy of Mr. Wyman's application as matter of right.
The minutes of the Council are public records but the recom-
mendation upon which they act are not public papers or matters
of record. They may burn the whole of them at the end of the
session or daily. They appertain strictly to the Governor, who,.
500 ANNUAL KEPORT OP THE
for the sake of getting rid of lumber sometimes, deposits them
in the secretary's office, but he is not obliged so to do. The
Council having decided your business, do not think it necessary
to furnish you with a copy of the paper, especially as your name
& character are neither mentioned or hinted at in it. My advice
to you is to say little about the business. It can do you no
good and may do you injury.
You see the Alderman has taken pretty rank hold in New
York.
Col. Macomb.
THE GOVERNOR REQUESTS DEFINITE INFORMATION FROM MR. VAN
WYCK IN REGARD TO A PREVIOUS UNDERSTANDING.
Albany, Feby 26, 1812.
Dear Sir: I understand from Mr. Munro that in a conversa-
tion with you before he left New York you expressed yourself
satisfied that a division of your office should take place, and that
he should hold the Recorder's office and you the Commissioners.
It is also probable the law for the division of the Clerks office
will pass and make another opening.
Although you were willing to relinquish the Recorder's office
last year if Mr. Munro could obtain it. and declared your readi-
ness, after feeing reappomted, to resign it with that view, when-
£ver I should suggest it, yet I have never thought it proper to
make ..such request. But the information derived from Mr.
Munro renders it necessary that I should now enquire whether
you intend to resign the office, provided he can obtain the ap-
pointment or upon any other and what understanding. He
declares that unless the Division shall take place or other satis-
factory arrangement be made for you, he will by no means
STATE HISTORIAN.
r.oi
qualify to the office of Recorder but will leave it in your hands.
He, however, thinks the Federalists will be more ready to divide
the office out of opposition to him, should he be appointed Re-
corder first, than they would be now. I flatter myself you will
duly appreciate my motives, when, to prevent the possibility of
any misapprehension between us, I request you to give me an ex-
plicit answer, whether you are content & satisfied that the
Council should be consulted about the appointment of Mr. Munro
upon the conversation you had with him or not; or in other
words, whether you intend to relinquish the Recorder's office
if he can procure the office. If yea, I ought to have it in writing.
The Honbl. P. C. Van Wvck.
THE ADVANCE CORPS OF VOLUNTEERS.
Albany, Feby 26, 1812.
Sir: Your letter bearing date the 10th Instant was received
by the mail of this day.
I presume the Volunteers to compose the advanced corps of
50,000 men contemplated by the late Act of Congress, will, as
was done before, be made through the Governor to the President.
If, therefore, you will locate upon a station, consider yourself
qualified & send me a written tender of your services in that
station; it will be presented by me to the Preside^* HKttawit
f m\
*' 8t?jw <l
</)«M«il|i
(IrV
THE GOVElRNOR REFERS THE SECRETARY OF WAR TO CONGRESSMAN
COOK FOR INFORMATION.
Albany, Feby 28, 1812.
Sir: I have no personal acquaintance with Lizer B. Canfield
and Ira Wilcox mentioned in the within recommendation. Genl.
delay, and I have no doubt with success.
Mr. Henry Lowther..
-502 ANNUAL REPORT OP THE
Brown, Major Cantine & the others who recommended them are
respectable characters in Greene County.
The Hon'b'l. Thomas B. Cook in Congress is probably ac-
quainted with the candidates and with all the subscribers to
their recommendation, I, therefore, beg leave to refer to him for
.any further assurances which may be required.
The Honbl. William Eustis.
TO THE ADJUTANT-GENERAL CONCERNING BLANKS.
Albany, Feby. 29, 1812.
Dear Sir: I have been repeatedly asked where Blank returns
jfor the ensuing year are to be obtained. 1 have refered the en-
quiries to Packard's. If he be not provided with Blanks or
instructions concerning them please make arrangements with
some person, to whom I may refer applicants, in relation to the
distribution of Blanks from this City.
The Honbl. William Paulding, Junr.
TO CONGRESSMAN COOK IN RELATION TO MILITARY APPLICATIONS.
Albany, Feby. 29, 1812.
Dear Sir: I enclose you a recommendation by Mr. P. Van
Ness, Esquire, of Joshua Wildey, for a Captains Commission in
the Army. Although he is an intelligent & active man he hae
never performed Militia duty in capacity, & I am, therefore, of
opinion that he would enter the army to more advantage to
himself and the Country in the capacity of Lieutenant.
Barent J. Vanderpool, of Kinderhook, former Sheriff of Colum-
bia wishes the station of Major in the Army. Mr. Van Alen
STATE HISTORIAN. 503
.& others have recommended him so strongly that I entertain
no doubt of his fitness for that office.
My reason for troubling you with these and other recommend-
ations of the kind is two fold — first, because you are acquainted
with the candidates & those who recommend them, & secondly,
1 am informed that the list of Candidates has been submitted to
-the members from each State to select & recommend to the
President the proportion of officers allotted to such State.
The Honbl. Thomas B. Cook.
'THE GOVERNOR OUTLINES HIS MILITARY POLICY TO THE VENERABLE
REVOLUTIONARY GENERAL, HEATH.
Albany, 29 Feby, 1812.
Honored Sir: Your communication of the 25 Feby instant
came to hand this evening. The approbation of any part of my
conduct or administration by distinguished veterans of the revo-
lution is esteemed by me in no ordinary light. Information and
advice from them I shall ever listen to with the most respectful
attention, and that too without any previous personal acquaint-
ance.
The limits of a public address to the Legislature would not
allow a detailed development of the plan which has occurred to
me for the improvement and perfection of our Militia so as to
render them familiar with discipline, manoeuvres and camp
duty, at the first moment they may be called into the field. A
proposal which I have made to the Committee appointed to take
into consideration those parts of my speech, which relate to the
Militia, and the defence of our frontiers, details more at large
my views upon that subject. The plan suggested to them is
504 ANNUAL REPORT OF THE
this: To maintain four district military Teachers, with salaries
so liberal, as to invite to our state the first experience and
talents in Military science and tactics — To convene the commis-
sioned officers of each brigade in some central place one week in
June and one week in September or October — To furnish them
with arms and equipments and to place them under the command
of the district teacher for that time for the purpose of being
industriously instructed in discipline and manoeuvres and in
Gunnery &c. This system would in a few years diffuse a prac-
tical knowledge of duty amongst the officers which could not
fail to be highly beneficial to the Militia commanded by them.
But besides the instruction of officers, attention ought to be
paid to the privates so as to have at all times an advanced corps
of the militia so disciplined and armed as to be able to take the
field at a moment's warning and to contend with regular troops.
To accomplish this gradually, I have proposed that 1000 Volun-
teers of the militia be encamped on our Northern frontier, 1000
on our Western frontier, and 2000 on the sea board for one
month in each year, for the purpose of being disciplined,
manoeuvred and taught all the duties of and inured to the mode
of living in a Camp. The men to be allowed rations — a monthly
pay two Dollars & fifty cents; and to be presented with a mus-
ket, cartridge box bayonet belt &c at the end of the month. The
detachment on the seaboard to be instructed partly in garrison
duty and the use of ordnance on gun boats and travelling car-
riages. These volunteers to stipulate to be the advanced corps
upon any invasion or other emergency. Thus the militia might
be gradually armed with the best of muskets of the same
caliber, and even though the volunteers thus instructed and
armed should not be wanted for actual service, they would upon
dispersing amongst the militia of the State, gradually introduce
STATE HISTORIAN. 505
and diffuse a state of discipline and a fund of military knowl-
edge, which would add greatly to the reliance and confidence to
be placed in the militia generally. We should then be sure of
assembling upon an emergency, detachments of militia in any
quarter adequate for temporary purposes, well disciplined and
acquainted with and qualified to perform camp duty immedi-
ately. Your experience will enable you to suggest many errors
and imperfections in the plan which I have here detailed — and
the frankness you have discovered in addressing me upon the
subject of that part of my speech which relates to the above
subjects, emboldens me to invite such further advice or sugges-
tion of improvement as may occur to you to be beneficial to the
militia establishment.
Major General Heath.*
THE GOVERNOR EXPLAINS TO MR. HURTIN THE USELE'SlSiNESS O'P
APPLYING FOR A POSITION IN THE' NEW YORK POST OFFICE.
Albany, Feby 29, 1812.
Sir: Yours of the 15th Instant came to hand regularly, but
the multiplicity of my avocations has riecessarly delayed an
answer.
Two years since I recommended to Mr. Gelston,f five different
persons for inspectors, one of whom Mr. James Ward was a
*General William Heath was born in Roxbury, Mass., March 7, 1737; died there Janu-
ary 24, 1814. He was active in organizing the Masschusetts militia before the Revolu-
tion; was a member of Committee of Safety and Provincial Congress; brigadier-general,
December 8, 1774, and major-general, June 20, 1775— of Provincial troops; performed
valuable services in pursuit of British troops from Concord, April 19, 1775, and in
organizing the forces at Cambridge before the battle of Bunker Hill; brigadier-general,
June 20, 1775, and major-general August 9, 1776; assigned to command Eastern depart-
ment, 1777, and in 1779 to command of posts on the Hudson; remained in that vicinity
until close of war. General Heath was the last surviving major-general of the Revolu-
tion.
1 David Gelston, born in Southampton, L. I., July 7, 1743; died at Greenwich, in Sep-
tember, 1828, aged 85; Surrogate of Suffolk County, 1775; member of the Second, Third
and Fourth Provincial Congresses; member of Assembly, Suffolk County, 1777-1785, and
Speaker, 1784, 1785; Surrogate of New York County, 1787-1801; delegate to the Con-
tinental Congress 1788; State Senator, Southern district, 1791-1794 and 1798-1802; mem-
ber of the Council of Appointment 1793; Canal Commissioner 1792; Collector of the
Port of New York 1801-1820.
506 ANNUAL REPORT OF THE
relation & particular friend of mine. Neither of them have
been appointed. I also afterwards called on Mr. Gelston per-
sonally, who shewed me a bundle containing apparently hundred
of applications prior to those which I recommended to his-
notice; and he, moreover, requested me not to sign any more
recommendations, for, that there were no vacancies, and it
gave those who obtained my name greater confidence of success
and induced them to press him at such a rate as to be burthen-
some. Under those circumstances it would not be kind towards-
those whom I have already recommended, or acceptable to Mr.
Gelston, that I should interfere in applications to his Depart-
ment. I have, accordingly, forborn to unite in such recommen-
dations for a long time past. I trust you will deem this frank
statement of my situation an ample apology for declining to
write to Mr. Gelston on the subject mentioned in your letter of
the 15th Instant.
John H. Hurtin, Esqr.
THE GOVERNOR GIVES THE GUN FACTORIES IN THIS STATE
PREFERENCE.
Albany, Feby 29, 1812.
Sir: Your letter of the 5th Instant was duly received. The
authority heretofore given to purchase or contract for muskets
and Rifles has been exercised in contracts which have been
nearly completed. Until further Legislative provision upon that
subject shall be made, it will not be in my power to extend to
your establishment Governmental employment. Whenever such
further authority may be given, I shall advise and direct the
Commissary to give the gun factories within this State the
preference.
Mr. William W. Dougherty.
STATE HISTORIAN. . 50T
THE GOVERNOR TO JOHN TARGEE — FINANCIAL TRANSACTION.
Albany, Feby 29, 1812.
My esteemed friend: I have not been able to answer your let-
ter of the 12th Inst sooner for want of time. My three bonds
for 6,500 Dollars which I mentioned before, are secured by ono-
Mortgage. If, therefore, I should assign one of them to any per-
son I might still defraud him by cancelling the Mortgage, and I
do not wish to have any one so much in my power. I have other
bonds and Mortgages for 2500 Dollars each, but the persons who
have the money are not very punctual in the payment of inter-
est, and, therefore, I could not dispose of those Mortgages to
any one conscientiously without apprising them of that fact. 1
do not wish you to call in any money on my account, nor lose
any opportunity of putting out what money be paid in. I
shall be dowrn previously to May when you expect the nine hun-
dred pounds to be paid in and will then converse with you on
that subject.
I am flattered with your approbation of my speech. l>e
pleased to present my respectfull regards to your wife, and
accept for yourself a sincere declaration of my friendship &
esteem.
Mr. John Targee.*
TO COLONEL HENRY HLOOM REGARDING TECHNICALITIES IN MILITARY
COMMISSIONS.
Albany, Feby 29, 1SI'2.
Dear Sir: If I understand the facts detailed in your communi-
cation of the 16th January last, there can be no doubt that
. — . -,
"John Targee was a goldsmith and silversmith at 192 Water street, New York city.
He furnished the swords which were ordered by the legislature to be presented to Gen-
erals Jacob Brown, Alexander Macomb, Commodore Thomas Macdonough and other
distinguished army and naval officers.
508 ANNUAL REPORT OF THE
Captain Bradley {& every other Captain of your Regiment, the
date of whose Captain's Commission therein is prior to April
last) is superior to & takes rank of Capt. Ellis, The Captain's
Commission under which Mr. Ellis now acts, bears date you say
last April; and as officers of the same grade in any particular
corps, are to take rank in such grade according to the date
of their respective Commissions therein (see the VIII section
of the Militia law of the United States) it follows without a
possible doubt, that all the Captains of your Regiment, whose
Commission as Captains bear date before Mr. Ellis's Commis-
sion as Captain, precede him in rank & in right to promotion.
An officer, which gave rank in another corps, &c has been
abandoned, waived, or resigned, may avail for some purposes,
but cannot make the youngest captain the oldest. You have
recourse to former Commissions, to decide rank only where the
Captain's Commissions are of equal date, and even then a rank
in another corps, or district which has been voluntarily waived
or resigned can have no influence. All Mr. Ellis' present Mili-
tary rights, liabilities, or privileges as a Captain, are derived
from the Commission under which he now acts; and the date of
that Commission alone decides his rank in your Regiment. If
there be Captains, whose Commissions in your Regiment, bear
equal date with his, and those Captains had previously; held Lieu-
tenant's Commissions in your Regiment, and Mr. Ellis had not,
I am of opinion even those Captains take rank of him of course
and without a draft.
Col. Henrv Bloom.
STATE HISTORIAN. 509
TWO NINE POUNDERS PROMISED TO CAPTAIN JOHN MOUNT.
Albany, Feby 29, 1812.
Sir: I have to apologize for the blunder committed in the
order transmitted to you some time since. It is now returned
with a more correct direction.
My reason for giving the order for one nine pounder only, was
that I presumed you would wish lighter pieces as soon as we
could furnish them & that as the transportation of pieces so
heavy as nine pounders would be considerably expensive, you
would be content with one, until lighter ones could be for-
warded. If, however, you wish two nine pounders now and
write me to that effect I will send an order for another.
Captain John S. Mount.
THE GOVERNOR EXPRESSES HIS THANKS TO MR. LEWIS FOR
COMPLIMENTING HIM OX HIS SPKIvCH.
Albany, Feby I'D. 1812.
Dear Sir: A multiplicity of avocations incident to a session
of the Legislature — Councils of Revision and appointment-
Regents of the University &c, has prevented an earlier answer
to your obliging letter under date of the 9th Inst.
I estimate your remarks upon my speech as no ordinary com-
pliment; and present you very • sincere acknowledgments for
your flattering approbation of the sentiments contained in it. He
assured, sir, that I shall always receive with great respect and
attention, advice or -even reproof, if kindly dealt out, from those
whom I regard as candid upright men, whatever may be their
situation in existing parties; and having always considered you
as a personal friend withal, I hope you will be invited to address
ANNUAL REPORT OF THE
me freely on all future occasions, where you think information,
caution or advice, will be beneficial to the public or myself.
Beal IST. Lewis, Esqr.
THE GOVERNOR RECOMMENDS JUDGE OSTROM AND IN PASSING RAPS
SEVERAL FEDERALIST CANDIDATES.
Albany, Feby 29, 1812.
Dear Sir : The enclosed letter is from Judge Ostrom, of Utica
who wishes an appointment in the army. He was formerly a
decided Federalist & represented Oneida County in the assembly
for several years. But disappointment in 1810, and disgust with
the Federal party since, has- caused him to avow himself a
Republican for upwards of a year past. He is well qualified for
a Major in the army, and I can recommend him cheerfully for
that appointment. Senator Bloodgood has given me the preced-
ing account of his politics. He considers him a Republican and
well qualified for the army. I presume you are acquainted with
Judge Ostrom, for which reason and also because I understand
it has been referred to the Members from this State to select a
list of the officers which it is to furnish for the new army, I
have ventured to trouble you with this business.
By a list which it is understood is before the Secretary of
War I learn that the names of Benjamin Walker, William North,
Samuel A. Baker, Aquila Giles and Solomon Van Rensselaer,
are presented for the first grades of command which will be
allowed to this State. Our Republicans will illy brook it that
the command of an Army, in a contest with Great Britain,
should be entrusted to such men.
The Honbl. Peter B. Porter.
STATE HISTORIAN.
511
THE MUSKET CONTRACT GRANTED.
Albany, Feby 29, 1812.
Gentlemen: Your communication of the 17th Instant was
duly received, but the multiplicity of business incident to the
sitting of the Legislature, has delayed an answer until the
present time.
The authority to contract for muskets, heretofore given to
the Commissary of Military Stores under the direction of the
Oovernor, has been exercised & the whole quantity has been con-
tracted for some time since. Unless, therefore, the Legislature
shall make provision for procuring an additional quantity, it will
be out of my power to comply with your request. I have recom-
mended to the Committee on that subject to make an annual
appropriation for muskets until an adequate supply shall be pro-
cured. Should they acquiesce in my opinion and report a law
for that purpose I entertain no doubt that the Commissary will
feel disposed to encourage the manufacture of them within this
IState & shall advise him accordingly.
Messrs. B. & J. Cooper.
TO MR. PHOENJX CONCERNING CUSTOM HOUSE SUITS.
Albany, Feby 29, 1812.
Dear Sir: I have written to Mr. Cook, Mr. Porter & Mr.
Bleeker three of the Members of Congress from this State, re-
•questing them to1 advocate your application to Congress for
relief against imprisonment, the continuance of which is uncer-
tain purely by the indisposition and absence of the Public func-
tionaries. The multiplicity of my avocations for fortnight past
lias prevented an earlier answer to yours of the 8th Inst.
Alex Phoenix, Esqr.
512 JWNUJLL REPORT OF THE
Albany, Feby 29, 1812.
Sir : The case of Ingraham Phoenix & Nexen who are and for
a long time have been in close confinement in New York appears
to me to be an interesting one. The institution of separate
suits by the United States against each individual on the several
custom house bonds standing against them, has rendered it
impossible to give adequate bail on the suits. The penalties of
the bail bonds would in that way amount to sixteen times the
amount really due.
The absence of the Judge & his inability before his departure
to preside in Court, deprive them of the opportunity of being
placed in a situation to apply to the Secretary of the Treasury
for relief under the existing laws. They have, therefore, I
understand applied for special Legislative interposition in their
behalf. Although I should not be an advocate for such inter-
position generally, yet under the peculiar circumstances which
exist in the District Court of New York, I hope you will find it
consistent with your feelings and your duty to advocate their
petition so far as to enable them to seek relief from the Secre-
tary of the Treasury although Judgment & execution be not
awarded against them.
The Honbl. Thomas. B. Cook.
A copy of the above was sent to the Honbl. P. B. Porter & one
other to the Honbl. Harmanus Bleecker.
TWO CANDIDATES FOR CAPTAINS IN THE ARMY.
Albany, March 2, 1812.
Sir: Amos Barnes, of Lewis County, is desirous of being
appointed a Captain in the Army of the United States. He now
STATE HIST<H;IA\.
513
holds a Commission in the Militia of this State the duties which
he has discharged with ability and fidelity. He is also repre-
sented to me as a young man of sound moral & political char-
acter by the Genl. of his Brigade & the field officer of his regi-
ment. I, therefore recommend him for the office of Captain in
the Army.
The Honbl. William Eustis.
Albany, March 2, 1812.
I). Sir: Mr. Andrew Backus, of Athens in Greene County,
solicits the office of Captain in the Army to be raised in pur-
suance of a late law of Congress. He is a person of intelligence
& good character & well qualified for the command of a Com-
pany. I, therefore, cheerfully recommend him for a Captaincy.
The Honbl. Wm. Eustis,
A PROPOSITION TO SUPPLY WOOLENS FOR THE ARMY.
Albany, Mar 2, 1812.
D'r Sir: Mr. Abijah Jones of Sandy Hill, Washington County
is concerned in the manufacture of common woolen cloaths to a
considerable extent and can readily manufacture a quantity of
WToolen Blankets. He wishes the patronage of Government by
way of contract.
Remembering that you made enquiry of Mr. Watson upon that
subject when in Hudson, I take the liberty of asking whether
you are authorised to make contracts for the above articles for
the Navy Department, & if not, whether you will inform who
is, that I may recommend Mr. Jones to him. He is a friend to
the country and the present administration and I feel anxious
that he should obtain a share of Government employment.
I have been repeatedly desired to mention to you that the
33
ANNUAL KEPORT OF THE
Republicans in this quarter are desirous, that instead of Mr.
Walton, some friend to the Government should have the trans-
portation of Navy articles from this place to the western waters.
I have backed jour charger but once and his spirits were then
so high that it put me in a fine perspiration to ride him about
ten miles. He is in good order & looks fine. As soon as the ice
and snow leaves the roads I shall pay him off for hisi winter
frolick.
John Bullus, Esqr.
P. S. Walton is considered in the light of a British Adherent
and is largely engaged in smuggling from Canada, some of his
loads have been recently seized. Eri Lusher, of Schenectady, is
the Republican Transporter.
MR. SECRETARY GALLATIN TO GOVERNOR TOM PK INS RELATIVE TO
RESTORING FUGITIVES FROM JUSTICE.
Albany March 2, 1812.
D'r Sir: I enclose an extract from Mr. Gallatin's letter* in
answer to the one which I wrote to him relative to Golbreath. I
*Treasury Department, Feb'y. 22, 1812.
Sir, I had the honor to receive your letter of the llth inst. & communicated it
immediately to the president. The mutual restoration of fugitives from justice seems
in every instance to have been the result of a Treaty; and it is doubted whether it
would be proper to make such provision with respect to Canada, by law and therefore
without being assured of a reciprocity on the part of the British Government. You
may also recollect that the 27th article of the treaty of 1794 which provided for the
mutual delivery of fugitives charged with murder or forgery did not pass without
animadversion and give rise to what in called Bobbin's case.
The vacancy in the Comptroller's Office necessarily delayed the settlement of the
account for the advance you had made to Asa Wells; and I rather chose to suspend
the payment than to make it in the shape of an advance for which you would in that
case have been charged on the Treasury books. I hope that you have received the
remittance which was made on the 6th inst. and return you my thanks for the aid
you were pleased to give on that occasion.
Permit me to embrace this opportunity to state that under existing circumstances
the general government must in a considerable degree rely on loans for the service
of this year and that if any of the banks incorporated by the State of New York are
by their Charters precluded from Lending to the United States a repeal or suspension
of such prohibitory provision would greatly facilitate the operations of government.
I have the honor to be with great respect Your Obedt. Servt.
Albert Gallatin.
His Excellency Daniel D. Tompkins Governor of New York, Albany.
STATI: HISTORIAN. ."I.")
am in hourly expectations of hearing from you as to the pro-
priety of my offering a reward in behalf of the State. I do not
think any direct application by me to the Governor of Canada
would be successful or advisable under present circumstances.
The Honbl. Peter Sailly.
THE GOVERNOR REPUDIATES ALEXANDER FERGUSON FOR POLITICAL
REASONS.
Albany, March 4, 1812.
Sir: By letter of the 21 Ultimo I took the liberty of recom-
mending Alexander Ferguson, Mansfield Barlow & Eliud L.
Davis, for Captain, Lieutenant & Ensign in the Army. At the
time of writing that letter 1 believe that those who recom-
mended them knew their political characters. I am since
informed that the first named Gentleman is not well attached
to the Government and administration, & I, therefore beg leave
to withdraw my recommendation as to him. The other two
gentlemen are well worthy of the appointments for which they
were mentioned in my letter of the 21 Feby.
The Honbl. William Eustis.
HENRY BREVOORT GIVEN A LIEUTENANT-COLONEL'S COMMISSION FOR
USE IN FRANCE.
Albany, March G, 1812.
D'r Sir: Your letter of the 3d Instant relative to Mr. Bre-
voort was received last evening. I could not hesitate a moment
about complying [with your] wishes; and have, therefore,
enclosed a Commission & letter which I will thank you to con-
vey to him.
516 ANNUAL REPORT OF THE
By the mail of last evening, I also received your budget of
articles of the Militia beginning with No. 115. Many provisions
of the present law are comprised in these articles and may, there-
fore, be dispensed with. Permit me to enquire whether you have
modified or abridged the law now existing so as to comport with
the articles. If you have please to enclose the draft of that
part of the law to me as speedily as possible.
The Honbl. William Paulding, Junr.
Albany, Mar. 6, 1812.
Sir : I have heard from the Adjutant General that you expect
to sail for France in a few days; and that you would be grati-
fied to appear there with some Military title.
I embrace the earliest opportunity to testify my high regard
and esteem for your family and for yourself, personally, by send-
ing to you a Commission which bestows the rank & title of a
Lieutenant Colonel in the Militia of this State.
You will please to regard the within as a complimentary
appointment of a supernumerary Aid-de-camp, which is not to
invest you with any actual command on your return from
Europe, unless you shall receive from me some further commu-
nication or General order to that effect.
General Paulding will make you acquainted with dress and
equipment of the General staff of this State.
Col. Henry Brevoort, Junr.
MORE MILITARY RECOMMENDATIONS FROM THE GOVERNOR.
Albany, March 6, 1812.
Sir: Mr. Abraham Sears of the Town of Montgomery in the
County of Orange solicits the office of Captain in the Army.
STATE HISTORIAN. rill
He is a man of exemplary morals, of good character and well
qualified for that station. I, therefore, beg leave to recommend
him accordingly.
The Honbl. William Eustis.
Albany, March 18, 1812.
D'r Sir: I beg leave to recommend to your notice for an
appointment as Captain or Lieutenant in the Army Thomas
Darling of the eighth ward. He is a person well qualified for
the appointment & is a steady republican.
The Honbl. Samuel L. Mitchill.
Albany, Mar. 20, 1812.
D'r Sir: Mr. Amos Holton, late of Vermont, but now residing
in Washington County in this State, is desirous of obtaining the
Commission of a Captain in the Army of the United States. I
have no personal acquaintance with Mr. Holton, but the testi-
monials he has produced from the Governor of Vermont, &
from the Speaker of the House of Representatives of that State,
leave no doubt on my mind of his good character & qualifica-
tions. I, therefore, recommend him to your patronage for the
above appointment.
The Honbl. S. L. Mitchill.
FOUR THOUSAND STATE VOLUNTEERS TO GO INTO CAMP — GENERAL
PAULDING COMPLIMENTED.
Albany, March 21, 1812.
D'r Sir: You have my approbation to arrange the Brigades &
Regiments in numbers according to law and announce it in Gen-
eral Orders or by a communication from your Department as
you may think best.
518 ANNUAL KEPORT OF THE
The frontier Committee have this day introduced a bill
amongst a variety of other things, authorizes me to encamp and
discipline for one month — 1000 Volunteers of the Militia in the
Eastern, 1000 in the Western & 2000 in the Southern District,
so as to have an advanced corps acquainted with manoeuveres,
discipline and Camp duty & habits, to take the Field immediately
in case of Invasion &c. They are to be governed by such Kules
& regulations as the Adjutant General shall with the approba-
tion of the Commander in Chief devise & announce. They have
also put under my command a guard of Uniform Artillery, of
1 Lt. 1 Seargt. 2 Corporals & 25 privates for the fortifications at
the Narrows to be disciplined & regulated by the Orders of the
Governor. They have also authorised the appointment of an
assistant Commissary for the Western & one for the Northern
Department, and the Military Committee has concluded to
encamp the officers of Brigades for one week in each year under
the command of a Military Instructor to be appointed by the
Governor &c. You will have your hands full the ensuing sum-
mer. Your assiduity and attention to the voluminous & per-
plexing Militia Laws & to other matters of your Department
this winter receives my unfeigned approbation & thanks.
General Wm. Paulding, Junr.
PATRONAGE IN THE MASTER WARDEN'S OFFICE OF THE PORT OF NEW
YORK.
Albany, March 23, 1812.
D'r Sir: Your letter with respect to T. Williams has been
received. By the law passed last Winter the power of appoint-
ing Branch Pilots was exclusively vested in the master Wardens
STATE HISTORIAN. 519
of the Port of New York. The power of removal was also vested
in them subject to an appeal to the Governor or in his absence
to the Mayor in three days after being served with the proceed-
ings of the Wardens. Mr. Williams did not make an appeal
within that time for which reason the removal become confirmed.
I was disposed to interfere in his relief, if I possessed jurisdic-
tion after the expiration of the time .for appeal, and referred
that question to the Attorney General, who reluctantly gave it
as his decided opinion, that I had no right to take cognizance of
an appeal made after the legal time allowed for an appeal had
expired. Neither myself nor the Council, therefore, can yield
Mr. Williams any other relief than by superseding the Master &
Wardens & appointing others in their stead, which I do not
think will be done.
William Sampson, Esqr.
COMPENSATION FOR COLONEL MACOMB FOUR DOLLARS A DAY AND
EXPENSES.
Albany, March 23, 1812.
D'r Sir: You will see by the enclosed Extract that your com-
pensation is four Dollars per day and the expences of a certain
kind therein specified. Mr. Russell and Judge Peck have made
out their accounts & received the money.
Mr. Murray, Mr. Russel & yourself will probably charge each
the same number of days.
Col. Macomb.
P. S. You have forgotten to send me the list of persons who
dined me at the Narrows.
520 ANNUAL REPORT OF THE
MILITIA POSTED ALONG FRONTIER FORTS.
Albany, Mar 31, 1812.
D'r Sir: I have this day received orders to detach and sta-
tion at Niagara, Oswego and Black River, 1600 of the Militia,
viz 600 at Niagara — 400 at Oswego & 600 at Black River; and am
referred to you for a supply of the necessary provisions for the
Detachments.
As it is my intention to give effect to these orders with
promptitude, it will be indispensibly necessary that you should
either come up & attend to the business in person, or that some
fully authorised agent should be appointed, to whom the Com-
manding officer may apply for whatever may appertain to your
Department. It is true that I am authorised to supply rations
upon your omission, but I hope this trouble will not be neces-
sary. Your letter to Judge Tousley went on by the mail of
Saturday. Let me see you or hear from you immediately.
Elbert Anderson, Junr Esqr.
THE GOVERNOR PREPARES FOR WAR TROOPS STATIONED AND
EQUIPMENT GATHERED.
Albany, March 31, 1812.
Sir: I have this day been honored with your letter contain-
ing instructions to call out Militia for the defence and protec-
tion of the Frontiers of this State and shall give it effect with
the utmost promptitude. I have concluded under the discretion
vested in me by your letter to allot 600 for Niagara 400 for
Oswego & 600 for the Black River Country. Perhaps Putnams
Ferry or Cape Vincent would be a better position for the latter
Detachment than Sackets Harbour.
STATK HISTORIAN.
521
Permit me to suggest that . a small dHadmient at O-d- us
burgh, another at Hamilton & Massena further down the Si.
Lawrence, and one at French Mills about 8 miles from St. Regis,
one on or near the Northern frontier on* lake Champlain, and at
the mouth of Genessee River, will be indispensable in the event
of difficulty with Great Britain.
The contractor is at New York. I have sent an express to
request him as well as the Adjutant General & Commissary of
this State, to come to Albany immediately. The immense quan-
tity of snow in the interior of this State, and the unusual per-
manency of the ice, will necessarily retard our operations. Upon
inquiry I learn that the Military Agent has received no instruc-
tions relative to the supply of the camp equipage which will be
required for the Detachments. Permit me, therefore, to request
information whether the Government intends to have Tents &
other Camp equipage prepared for the troops when they assem-
ble at the place of Rendezvous, or whether the places of encamp-
ment at Black River & Oswego must be at once located and
Huts, Barracks and the other necessaries of a Camp be imme-
diately provided there.
I am in hopes of receiving from you Instructions more minute
by the mail of this evening. Should I be disappointed I beg
leave to request that you will inform me whether the respective
detachments are to be under the command of a General of the
Regular Troops, or whether I am to organize the whole and
assign the General Commandant, and also whether a discretion
is to be vested any where as to details, and as to contingent
expences which must necessarily occur but which may not be
within the purview of any specific regulation of the War Depart-
ment relative to the expences of regular troops.
The Honbl. Wm. Eustis.
522 ANNUAL REPORT OF THE
MR. BURNETT RECOMMENDED FOR THE ARMY.
Albany, April 1, 1812.
Sir: I must take the liberty of presenting to your notice
Moses Dewitt Burnet, a young man of twenty one or twenty two
years; whose domestic character is highly exemplary, and whose
talents & Education I believe will fully qualify him for a
Lieutenancy in the United States service — I therefore without
hesitation recommend him for that Commission.
The Honbl. Wm. Eustis.
THE GOVERNOR DISGRUNTLED POLITICAL ENEMIES APPOINTED TO
OFFICE AND WASHINGTON INSTRUCTIONS IMPERFECT.
Albany, April 3, 1812.
Dear Sir: I have this moment received your letter relative
to the application of Mr. Davis for the office of deputy Com-
missary General. I have already recommended Col. Lamb for
that station and cannot, therefore, with propriety recommend
any other. Even if I had not, I should be reluctant to hazard
any further recommendations, for after such men as Wm. North,
P. J. Schuyler Bobt. Leroy Livingston &c., are honored with the
highest Military distinctions in this State by a Republican
Administration, I shall avoid assuming even the appearance or
responsibility in the appointments to be made.
I have received an order from Washington to station Militia
at Niagara, Oswego and Black Kiver, but for what purpose I
am not advised, nor am I informed where they are to get tents
& camp equipage, or who is to advance the necessary expences,
& according to custom, am neither vested with general discre-
tion or informed as to any of the details. I have called upon
the Military Agent here but he has received no intimation of
STATE HISTORIAN. 523
the order given to me. I shall tomorrow dispatch the necessary
orders upon my own responsibility as to funds and everything
else. It is true that I am authorized to supply rations if the
contractor shall not, but then I am limited to the contract price
and am not told what that price is. I dislike such costivoness
in Military Instructions.
General Paulding.
THE GOVERNOR DREADS THE ELECTION OF FEDERALIST SENATORS.
Albany, April 4, 1S12.
Dear Sir: Your kind letter of the 1 Instant has been duly
received. Although I feel perfectly conscious of the propriety &
necessity of the responsibility of the step which I have recently
taken, and, therefore, shall not be made unhappy by any sacri-
fice which I may sustain by reason of it, yet I will not disguise
that my feelings are alive with respect to public opinion upon
the subject and that their approbation or at least the appro-
bation of the virtuous and upright part, will be a cause of great
satisfaction to my mind.
I feel sensible of your kindness in forwarding to me the
pleasing information contained in your letter and hope you will
not deem me obtrusive in soliciting future favours of that kind.
There are two things which weigh upon my mind in relation
to the Southern District. The one is the dread which I enter-
tain of having Federal Senators returned at the next election
in consequence of the schisms which appear to prevail about
the right of nominations; and the other is my anxiety to have
the City of New York regain its Republican character & send a
Republican representation to the Assembly. The eyes of our
friends in every part of the State are directed to New York, and
524 ANNUAL KEPORT OF THE
their universal wish and prayer is that the spirit of discord may
be charmed down or be merged in the importance of the present
crisis.
Wm. Irving, Esqr.
THE GOVERNOR EXPRESSES HIS GRATITUDE TO THE CITIZENS OP
BALLSTOiN.
Albany, April 6, 1812.
Gentlemen: You must indulge me in mentioning that I have
long since formed a determination should my conduct & charac-
ter as chief Magistrate become the subject of investigation or
of falsehood and detraction in the public prints, never to appear
with any refutation or justification there, but to repose
myself solely upon official acts. It is of course my respectful
request that you will give no further publicity to the enclosed
than will be necessary to announce to the worthy Inhabitants
of Ballston,* who have honored the late Executive measure with
their approbation & support, my profound gratitude.
*At a very numerous and respectable meeting of the Republican inhabitants of the
Town of Ballston convened pursuant to public notice at the house of Peter Roe Inn-
keeper in said Town on the second instant of which Samuel Cook Esq. was appointed
Chairman and Col. David Rogers Secretary the following resolutions reported by a
Committee appointed for that purpose were read and unanimously agreed to —
Resolved That the act of his Excellency the Governor in proroguing the Legislature
of this state (agreeably to the power vested in him by the Constitution) and thereby
arresting the passage of the Bill entitled "An Act to incorporate the bank of America"
merits our hearty and decided approbation and furnishes additional evidence that to'
preserve the purity of Legislation and promote the honor and welfare of the state he
will not shrink from his duty however high and responsible to avoid the virulence
of his enemies or the persecution of selfish and mercenary speculators.
Resolved That the passing of that bank when in the Journals of the Assembly and
Senate it is recorded that attempts have been made to corrupt by bribes five members
thereof to vote for said bank would have destroyed all public confidence in Legislation
and deeply wounded the character and dignity of the State and imperiously demanded
of his Excellency the exercise of the high and important prerogative wherewith by the
constitution he is vested.
Resolved That we have for a long time witnessed with pain the decrease of public
confidence in the purity of Legislation owing to the very strong and general belief
that rewards and emoluments were tendered to and in some instances received by
members of the Legislature to vote for the incorporation some years since of a bank
in the city of New York and of the late Jersey Bank; added to which the unwarrant-
able and corrupt means made use of to establish the bank of America call loudly for
judicial investigation that public confidence may be restored and the honor and dignity
of the state maintained.
STATE HISTORIAN.
Samuel Young, David Rogers, Snh 0. I'»a].l\vin. Isaac Rice
and Samuel Cook, Esquires.
THE GOVERNOR'S PROROGATION OF THE LEGISLATURE — HE is
DUBIOUS OP REPUBLICAN SUCCESS IN NEW YORK CITY.
Confidential: Albany, April 6, 1812.
Dear friend: I feel highly gratified at the expression of
approbation, which has been made by the Republicans of New
York, upon the subject of the prorogation. I am truly sorry,
however, that they mingled with it other matters calculated to
keep alive the afflicting dissensions amongst the Republican
brethren of that City.
Mr. Clinton has been as sincere and decided in his efforts to
induce members to vote against the Bank of America as I have
& has had more effect. Any information, therefore, connecting
him with the advocates of the Bank or calculated to sever him
from his sincere friends here are cruel and unjust & wound our
feelings.
Resolved That in the opinion of this meeting the banking capital of this state is
already increased to an alarming and dangerous degree beyond what is required lor
commercial purposes and that the incorporation of another bank with a capital of Six
millions would be likely to jeopardize all our other banking institutions and involve
the State in the ruin and disgrace of a depreciated paper currency.
Resolved That while we have strong reasons to apprehend a war with Great Britain
and recollect that money is the sinews of war and when we view by the incorporation
of this bank a resusitation of one half of the capital stock of the late United States
bank a great proportion of which is owned by British subjects and that foreign stock-
holders may be permitted to monopolize the stock and thereby the controul of the
intended bank we deem it impolitic and unwise to place a monied institution in the
most commercial city in the Union in the hands of our enemies with a capital suffi-
ciently large to break down and destroy all our other monied institutions and to con-
troul the wealth and commerce of the State. ,
Resolved That the representatives from the County of Saratoga by their firm and
decided opposition to the incorporation of the Six million bank merit the approbation
of their constituents.
Resolved That Samuel Young David Rogers Seth C. Baldwin Isaac Rice and Samuel
Cook be a committee to communicate to his Exellency that this meeting perfectly
approve of his proroguing the Legislature and that our confidence in him as a patriot
politician & faithful executive is eminently increased.
April 2, 1812.
Samuel Cook, chairman.
David Rogers Secy.
526 ANNUAL REPORT OF THE
I am convinced that persistence in the nomination of Mr.
Bingham* will cause Federal Senators to be returned from the
Southern District and I am equally convinced that a persistence
in departing from the location by the Republican members of
the District (a practice which has prevailed & been acquiesced
in ever since I have been acquainted with political concerns) is
disorganizing and improper. Mr. Bingham ought, therefore, mag-
nanimously to decline & consent to run on the Assembly Ticket.
If this be done and a discreet assembly Ticket be nominated, I
venture to predict the most salutary consequences, even the
return of a Republican representation from New York. I sigh
for such an union & such an event, and hope you will exert your
best endeavours with Russel, Ward & others with whom you
have influence, to effect so desirable an event.
The News of Embargo & other occurrencies of the day may
prevent our usual success in some of the Northern & Western
Counties, which renders a reconciliation & a restoration of the
Republican standing £ influence of New York doubly to be
wished. They may unite now upon cardinal principals without
reference to men and perhaps a similar opportunity may not
occur till their distraction shall have become past remedy.
Col. Macomb.
P. S. I ventured to write to Col. Rutgers on this subject con-
fidentially.
A DETACHMENT FROM THE MADISOX-CORTLAND BRIGADE ORDERED
TO OSWEGO.
Albany, 2 April, 1812.
Sir : You will herewith receive the copy of a requisition by the
President of the United States and a General Orderf predicated
"The governor's judgment was sound. John Bingham was nominated and was
defeated— the Federalists elected the two Senators from the Southern district— Peter W.
Radcliff and Elbert H. Jones.— STATE HISTORIAN.
tFor general order of date April 2, 1812, see Military Papers of Daniel D. Tompkins,
Vol. I, pp. 315-17.
STATE HISTORIAN. .7J7
upon that requisition. You will please to have the 250 men
from the Madison & Cortlandt Brigades detached £ organized
as speedily as possible. Their destination is Oswego, where they
will be encamped a short time and will then be releived by Regu-
lar Troops.
I hope volunteers will immediately offer to compose the 250.
I rely upon your Military ambition & patriotic zeal to have this
Detachment in readiness as speedily as possible & to have me
advised of it. The expence of needful expresses not exceeding
Fifty Dollars, will be paid upon your account & certificate.
Major Genl. King.
P. S. I am just informed by the President, that volunteers
under the act of 6 of Feby last, will be preferred, for which pur-
pose I have sent you a copy of the act with the caption for a
Volunteer Roll.
GENERAL WIDRIG APPOINTED TO THE' COMMAND OF A DIVISION —
HIS DETACHMENT ORDERED TO THE P.LACK RIVER.
Albany, 2 April, 1812.
Sir: You will herewith receive your Commission as Major
General of the Fifth Division of the Militia of this State &" a
General Order to detach from that Division and to have in readi-
ness to march at a moment's warning, 600 men including officers.
As soon as I am advised they are ready some convenient place
of encampment near the mouth of Black River [should be
selected]. A copy of the requisition of the President of th<k
United States of the Detachments mentioned in my General
Order is annexed thereto.
I rely upon your military experience and talents, and upon
your patriotic zeal to have the Detachment made and organized
528 AI^UAL KEPORT OF THE
into Companies as soon as possible & to report to me immedi-
ately. Reasonable compensation for needful expences for
expresses will be allowed not exceeding one hundred Dollars in
the whole. If officers can procure companies of volunteers, you
will accept & organize such companies, and assign the officers
under whom they may volunteer to command them.
As you may not be acquainted with the limits of the Fifth
Division, to the command of which you are now appointed, I take
the liberty of apprising you that it consists of the Militia in the
counties of Herkimer, Oneida, Onondaga, Lewis, Jefferson and
St. Lawrence. That the senior Lt. Colonel in Herkimer — Genl.
Collins, of Utica, Genl. John Ellis of Onondaga Hollow, Genl.
Walter Martin of Martinsburgh, Lewis County, and Genl. Brown,
of Brownville, Jefferson County are the Commandants of
Brigades which compose your Division.
Major Genl. Widrig.
P. S. I am just advised by the President to obtain if possible
volunteers under the act of Congress of 6th Feby last. For that
purpose I enclose you printed copies of that act with the forms
for volunteering under it. You will exert yourself to obtain the
requisite number of volunteers and will advise me regularly of
your proceedings.
Albany, 2 April, 1812.
Sir: You will herewith receive General Orders to detach from
your Division of Infantry 600 men including officers to be organ-
ized into a Regiment, whereof Philetus Swift will be Lieutenant
Col. Commandant. They are to be ready for service as soon as
STATE HISTORIAN. 529
possible, and will be ultimately destined for the Post at Niagara
from which they will be relieved by regular troops. A copy of
the requisition by the President of the U. S. is annexed to the
order.
I rely upon your Military experience and talents and upon your
patriotic zeal to have the above Detachment in readiness for ser-
vice as speedily as possible. Seasonable compensation for
expresses if they shall become necessary not exceeding one hun-
dred Dollars will be allowed and paid by me. If officers can
procure companies to volunteer with and under them you will
accept the volunteers and assign those officers to command the
Company.
Major Genl. Amos Hall.
Volunteers under the act of the 6th Feby will be prefered by
the President, for which purpose I send you a printed copy of
that act with the form of volunteering subjoined. Please to
advise me by every mail of your proceedings, and particularly
of the time when the Detachment will be ready to proceed to its
station.
DR. TONNELLIER APPLIES FOR AN ARMY SURGEON'S COMMISSION.
Albany, April 4, 1812.
Sir: Dr. John S. Tonnellier, of this Oity, who studied with
Dr. Shinger of this place, & has been two years in practice
desires the appointment of Surgeon in the Army.
I am enabled to recommend him to you as a young Gentleman
qualified for and worthy of that station.
The Honbl. Wm. Eustis.
34
530 AMNUAL KEPORT OF THE
SEVERAL OF CONGRESSMAN BLEECKER's CONSTITUENTS APPLY FOR
COMMISSIONS THROUGH THE GOVERNOR.
Albany, April 6, 1812.
D'r Sir: I have been requested by Mr. Vanderheyden of this
place to recommend James P. Livingston for an appointment in
the'Army. Mr. Vanderheyden informs me that he is the son of
Captn. Abraham Livingston, who> was with General Montgomery
at Quebec, & was under General Gates, at the surrender of Bur-
goyne; and he further represents that. the young man is well
qualified to become a good officer.
I am not personally acquainted with Mr. Livingston and have
no further information respecting him than the above. But as
you are probably acquainted with young Mr. Livingston and are
intimately so with Mr. Vanderheyden, I take the liberty of for-
warding to you the name of Mr. Livingston, with a request that
you will present it to the Secretary of War with such represen-
tations in his behalf as your knowledge of him together with the
preceeding statement may in your opinion justify.
Mr. Chester Root of this City desires an appointment to a sub-
altern office in the Army. He is a young man about 21 years
old of Genteel appearance & is recommended to me by Mr. Town-
send & Mr. Thome, as a moral and well behaved person. He has
lived for four years with Dr. Luce who I understand will address
you in his behalf. From this description you will probably
recollect the young Gentleman and be willing to unite in recom-
mending him to the Secretary of War for Ensign.
I also enclose one other recommendation for your District.
The subscribers to the recommendation are the Mayor of Sche-
nectady, the Cashier of the Mohawk Bank, & others in whose
STATE HISTORIAN. 531
representation I have confidence and therefore beg leave to con-
cur in the recommendation.
Allow me to add that Rensselaer Keating of this City, wishes
to be appointed an Ensign. My Neighbour Mr. Thomas Camp-
bell, who is an intelligent & worthy Inhabitant, & with whom
Mr. Keating has lived a number of years, says he is a worth}*,
moral & honest young man, well qualified for a subordinate sta-
tion in the army.
My reason for troubling you with this business is, that I have
understood no recommendation will be noticed except it shall
come through the Member of Congress for the District within
which the Candidate may reside.
The Honbl. Harmanus Bleecker.
THE GOVERNOR TRANSMITS TWO ADDITIONAL APPLICATIONS.
Albany, April 6, 1812.
D'r Sir: The enclosed recommendation is for a Gentleman
residing in the District which you represent. It is signed by the
first Republican characters of Ilerkimer County, in whose repre-
sentations I have implicit confidence and therefore respectfully
request that you will be so kind as to cause MY. Gray's name to
be presented to the President for the appointment of Captain.
The Honbl. Silas Stow.*
THE SON OF A REVOLUTIONARY CHARACTER RECOMMENDED FOR A
COMMISSION.
Albany, April «, 1812.
Dear Sir: I have forwarded to the Secretary of War a rec-
ommendation for your son of which I send you a copy. The
~~* Silas Stow was born in L,ewis County, New York; resided at Lowville; elected a
representative from New York in the Twelfth Congress as a Democrat, serving
November 4, 1811, to March 3, 1813.
532 ANNUAL KEPORT OF THE
delay of a few days which intervened between the receipt of your
letter & the date of the recommendation must be excused on
account of the peculiar situation and pressure of public con-
cerns here at that time.
Mr. James W. Lent.*
Albany, April 6, 1812.
Sir: Mr. James W. Lent, Junr., of New York is anxious to
obtain an appointment in the Army of Captain or Subaltern.
Mr. Lent is a young Gentleman of intelligence and respectability
and possessed of suitable qualities for the Army. He is, more-
over, the son of a Revolutionary character & a steady Republi-
can and is well attached to the Government of his Country. I,
therefore, cheerfully recommended him to your notice.
The Honbl. Wm. Eustis.
PREPARING FOR THE PRESIDENTIAL ELECTION.
THE GOVERNOR URGES HARMONY IN REPUBLICAN RANKS DEWITT
CLINTON'S ATTITUDE IN THE BANK AFFAIR.
Confidential. Albany, April 6, 1812.
Honored Sir: I am penetrated with grateful sensations by
the unanimous & flattering manner in which the Republicans of
New York have been pleased to approve of and sustain my
official conduct in proroguing the Legislature. There are two
matters, however, relating to that City, which still burthen my
mind; one is a fear that dissensions about the right of nomi-
nating Senators will cause Federal Senators to be returned for
the Southern District at the approaching Election, & the other
is an ardent wish that New York may regain her wonted stand-
* James Webber Lent was born in Newtown, L. I., August 24, 1761; served in the
Revolution; was inspector of pot and pearl ashes, register of deeds, New York County
1821-1829; died August 4, 1849.
STATK HISTORIAN. .".:;:*,
ing «fc influence in the concerns of the State by sending a Repub-
lican representation to the assembly. I feel confident this may
be done, if those whose characters & standing justify them in
attempting to lead public sentiment, will exert themselves to
calm down the spirit of resentment & recrimination, which has
too long prevailed there or will endeavour to merge past ani-
mosities at a crisis and upon a question which may influence the
morality, integrity & purity of public servants for years to come.
For, if it be once established that peculation by Public officers
in matters upon which they are to decide in a Legislature, [sic]
judicial or executive capacity is a matter of indifference with
their constituents & will not be frowned upon if it be tolerated,
that combinations of out door individuals in desperate circum-
stances & of slender morality, can for a stipulated sum pre-
engage & contract to carry a measure through the Legislature,
whatever may be its bearing upon public safety, upon the inter-
est of morality & religion, or upon the permanency of our free
Republican Institutions, from that time no upright man will
endure to breathe the atmosphere of the Metropolis and the
management of public concerns will glide into the hands of
profligate & unprincipled speculators. Allow me here to men-
tion, that in relation to fixing upon the Counties in District
caucuses of the Republican members, I cautiously & intention-
ally avoid any interference or advice whatever, and that I never
have before or since ihe determination of the members of the
Southern District to give Kings or Richmond, the nominations
this year conversed with any of them. This mode of fixing upon
the Counties which shall nominate, has prevailed ever since I
have been conversant with political life & has always been
acquiesced in. The Westchester & Suffolk members cannot be
534 ANNUAL REPORT OF THE
considered as unfriendly to New York, & we must, therefore,
presume that their decision proceeded from a sense that those
Counties were justly entitled to the nomination this year. It
is moreover demonstrable by the census of Senatorial Electors
in the Southern District, that New York at all events was not
entitled to the nomination. But it appears to me, delicacy and
respect for the Suffolk & Westchester delegation, the peace &
safety of the District, and a veneration for an adherence to
established modes of deciding the conflicting claims of Counties,
until a better method is fixed upon and announced, require that
New York and Queens should yield to the decision of the Repub-
lican representatives of the district. By rotation and by right,
laying Queens, Kings & Richmond out of the question, Suffolk
was entitled to the nomination of one of the Senators in pref-
erence to New York. My honest opinion, therefore, is that Mr.
Bingham ought to exhibit an instance of magnanimity, by
resigning & consenting for the public good to run on the Assem-
bly Ticket. Such a proceeding will not only be just and mag-
nanimous, but will take away much of the pretext for discord,
and in that event I venture to predict salutary results. It must
be recollected that the members to be chosen this spring are to
select Electors for President, & surely Mr. Madison's friends
ought not to do anything which will hazard the choice of Repub-
lican Electors. The opinion of all our best & most tried friends,
in the Country & here, is that every sacrifice of individual feel-
ing ought to be made to accomplish the objects I have men-
tioned above, & they as well as myself sigh for the restoration
of harmony amongst our Republican brethren in New York.
Suspicions seem to be entertained in New York that the
Lieutenant Governor* has either been friendly to or silent about
*Dewitt Clinton.
STATE HISTORIAN.
535
the Bank. Rest assured, my Dear Sir, great injustice is done
him by such insinuations. He has uniformly been as decided,
steady and open in his opposition to the Bank as I have been
and has I really believe, interested himself more, & taken
greater pains to convince members of the impropriety of voting
for it, than I have done. His real friends will, I do not hesitate
to say, be equally decided & animated upon the subject now
pending if a disposition for union and mutual exertions shall
be met by a corresponding temper on the part of the Madi-
sonians. This is the first letter I have even ventured to write
to you or any other person respecting the afflicting dissensions
in New York; and I trust you will ascribe this departure from
my usual studied silence on that subject to an anxious solici-
tude, if you view the importance of the approaching Election in
the same light I do, to animate and draw forth your kind &
good offices in- producing a reconciliation amongst the Republi-
cans of the City, at least at this election.
The removals which have taken place, arose from the pecu-
liarly distracted state of things there for a year or two past and
are regretted by many, but still .they ought not to be regarded
in such a light or with such resentment a® to jeopardize the
Republican Character of the State.
Be pleased, dear Sir, to receive an unfeigned tender of my
sincere attachment, respect & esteem.
Col. Rutgers.
THB GOVERNOR EXPRESSES HIS GRATITUDE TO THE REPUBLICANS OF
BALLSTON FOR COMPLIMENTARY RESOLUTIONS.
Albany, April 6, 1812.
Gentlemen: I have the honor to acknowledge the receipt of
your communication of the 3d Instant covering certain resolu-
tions of the Republican Inhabitants of the town of Ballston.
536 ANNUAL KEPORT OF THE
I beg leave to declare that the Executive act* to which those
resolutions have reference, was resorted to under a deep and
solemn impression of its importance and necessity. But I
freely admit that the satisfaction derived from conscious recti-
tude is greatly heightened by the spontaneous declaration, of
the confidence of a highly respected portions of my fellow citi-
zens in the purity of my motives and of their decided approba-
tion of the measure. I, therefore, entreat you Gentlemen, ta
present to them an unfeigned avowal of my high sence of their
commendation, & to assure them that the most grateful emo-
tions are excited in my breast by their kind expressions of
personal respect & attachment, and of confidence in my fidelity
and patriotism as a Public Servant.
With an assurance of my respect and esteem, allow me,.
Gentlemen, to offer unfeigned acknowledgments to you for the
very polite and flattering manner in which you were pleased ta
communicate the Resolutions.
Samuel Young, David Rogers, Seth C. Baldwin, Isaac Rice
and Samuel Cooke, Esquires.
THE COLLEGE OF PHYSICIAN'S AND SURGEONS AND A NOTE.
Albany, April 6, 1812.
Revd. & Dear Sir: I have the honour to acknowledge the
receipt of your letter of the 28th ulto. I sincerely sympathize
with you in the death of a beloved brother whom I ever
regarded as one of the most estimable of men.
Dr. Benjamin DeWitt, Vice President of the College of
Physicians & Surgeons, to whom I shewed your letter, assured:
* Proroguing the legislature.
STATE HISTORIAN.
537
me just before lie left this place, lliat lie had no doubt ill--
College would immediately appropriate money to discharge The
note for the payment of which your brother's estate is respons-
ible; and I, therefore, hope you will be spared any further
anxiety or trouble in relation to it. It is a mistaken supposi-
tion of Dr. Romaine & others that the proceeds of the Lottery
of last year, were placed at the disposal or under the control,
of the Chancellor of the University. Had they been so, I
should have had no hesitation to extinguish with them the Debt
at the Manhattan Bank. But the resolution of the Regents
authorized their Treasurer to receive the money of the Man-
agers and directed him to pay it over to the College of Physi-
cians & Surgeons. Any official interference of mine was
thereby precluded.
Should unforeseen and unexpected obstacles, to the settle-
ment as contemplated and intended by Dr. DeWitt, occur, it
will give me great pleasure to testify to you my sincere attach-
ment by contributing my best services to remove them.
The unusual pressure of public business since the receipt of
jour letter must plead my apology for the delay of this answer.
The Revd. Dr. Samuel Miller.
APPLICATIONS FOR MILITARY COMMISSIONS.
Albany, April 7, 1812.
D'r Sir: 1 understand that an arrangement has been adopted
at Washington which requires all recommendations for the
Army to come through the Members of Congress for the Dis-
trict in which the applicant may reside. Under that impression
I recommend to your notice Elisha Morrill, Esqr., of New York
.attornev-at-law. He is a man of intelligence & capacity, &
538 ANNUAL REPORT OP THE
qualified to fill a Military Station. As you are personally
acquainted with him, it is only .necessary for me to call your
attention to his case.
Isaiah Lenuington, late Justice of the Eighth Ward, is also
desirous of being appointed a Captain in the Army. He is now
a Captain in the Militia & adjutant of a Regiment, and is I
believe qualified for a Captaincy. I will thank you to lay his
name also before the Secretary of War, with such representa-
tion as your acquaintance with Mr. Lennington will enable you
to give.
The Honbl. S. L. Mitchill.
Albany, April 7, 1812.
D'r Sir: As I have not the honor to be personally acquainted
with Mr. Fitch within whose District some of the Gentlemen
mentioned below reside, and as Mr. Livingston of Columbia has I
presume returned from Congress, I take the liberty of forward-
ing to you the names of certain Gentlemen residing in those
Counties, with a request that you will be pleased to lay them
before the Secretary of War for appointments in the army.
Harry Forbes & John Eddy are recommended to me for sub-
alterns in the army with such assurances as to their qualifica-
tions & moral and political character as to leave no doubt in my
mind of the propriety of their Appointment.
James Nichols is recommended by Mr. Skinner, with whom
you are acquainted so amply as to render it unnecessary for me
to add anything in relation to him. Mr. Skinner's letter is
enclosed.
Myrtle B. Hitchcocks of Sandy Hill, is recommended to me by
Mr. Skinner, Judge Pitcher and others, as a well educated intel-
STATE HISTORIAN. 539
ligent young man & perfectly qualified for a subordinate station
in the Commissary department. He has been introduced to me
and appears to be an amiable, sensible man. A lameness in one
knee, disqualifies him for a more active situation in the army.
He is also a good Republican & I cordially recommend him for
the situation he solicits.
Royall Tony, of Canaan Columbia County is well qualified for
the appointment of Subaltern in the Army. He has been intro-
duced to me and appears to be a genteel, intelligent young man.
He is also highly recommended by Sheriff King, Dr. Tilden,
Major Lord, Mr. Patterson and others of our Republican friends
of Canaan as sustaining an unblemished moral & political char-
acter. I have no hesitation in recommending him cordially for a
subaltern station.
Lodowick J. Babcock of the same place is also recommended
by the beforenamed Gentlemen for Captain in the Cavalry. I
am not personally acquainted with Mr. Babcock nor with his
standing in society or character otherwise than by their repre-
sentation which is also enclosed.
The Honbl. Benjamin Pond.*
Albany, April 7, 1812.
Sir: Master John Wynkoop, of this City is desirous of becom-
ing a Midshipman in the Navy. He is remarkably intelligent &
active for his age, which is about fourteen years. 1 am well
acquainted with him and can venture warmly to recommend him
to your notice for a Midshipman.
The Honbl. Paul Hamilton.
* Benjamin Pond was a native of the State of Massachusetts born 17(>8 : received a p ub-
lic sehool education ; was a member of Assembly from Essex County 1SD8-1810, and Judge
of the Court of Common Pleas 180f> 1814 : was elected a representative from New York in
the Twelfth Congress as a Democrat, without opposition, servinjr from November 4, 1S11.
to March 3, 1813; was again elected to the Fourteenth Congress, but died before taking his
seat, at Schroon, New York, October <>, 1814,'from fever contracted while serving as n
volunteer at the Battle of Plattsburgh.
540 ANNUAL KEPORT OF THE
JUDGE BREEtSE APPARENTLY AGGRIEVED.
Albany, April 7, 1812.
Dear Sir: Your letter relative to Mr. Ostrom was received
after the Council had dispersed and will be laid before them in
May. Your letter covering the Communication of Charles L.
Usher, Esqr. and the affidavits of Mr. Morgan & his wife, was
received by me in the Council room of the Capitol, whilst the
Senate were in Committee of the whole for the last time on the
Bank bill. Supposing I might be justly censured if I witheld the
papers enclosed in your letter, I sent for Genl. Root & gave him
the papers as I received them, including your envelope. I am
informed by persons who were present that your letter was not
read in the Senate but was, together with the other papers,
returned to me in about an hour.
The above is the only publicity I gave to your letter. I did
not then nor can I now conceive that an Envelope, merely men-
tioning that you forwarded the enclosed papers to me in compli-
ance with the urgent solicitation of the deputy Sheriff of Madi
son County without any comment by you, could or in any pos
sible respect, effect you injuriously either as a Gentleman, a
Citizen or a Public Officer. If, however, my having handed to
General Root your letter with the papers enclosed in it, has
been contrary to your expectation or wishes I shall extremely
regret it; for there are few Gentlemen whose feelings & sensi-
bility are more respected by me than yours or to whose morti-
fication or injury I would be more unwilling to contribute.
Arthur Breese, Esqr.*
* Arthur Breese had settled at Whitesboro in 179-1 and was partner of Jonas Platt
in law business; Surrogate of Oneida County from 1798 to 1808 in which year he
removed to Utica to take the position of Supreme Court clerk. On the death of the
first president of the Ontario Branch Bank he held that office for a time; he left
numerous descendants.
STATI: HISTORIAN. .-.41
MR. KKiLLCHJC API-LIES FOR A SUBALTERN'S COMMISSION.
Albany, April 7, 1812.
Sir: Mr. John C. Kellogg of Walton, Delaware County is
recommended to me by Judge North & Mr. Clark, my former pri-
vate Secretary, who now resides at Walton, for a Captaincy or a
subaltern station in the army. As you are acquainted with
Judge North, I send you his letter to me upon the subject, and
also the application of Mr. Kellogg himself. I hope you will be
of opinion that these Credentials will justify in laying his name
before the Secretary of W^ar & in recommending his appoint-
ment. I understand that recommendations from this State are
required to come through the Members of the District to which
the Candidate belongs, which is my reason for venturing to
trouble you with the enclosed.
The Honbl. Arunah Metcalf.*
THE GOVElRXO'R INFORMS HIS FORMER PRIVATE SECRETARY THAT HE
HAS FORWARDED MR. KELLOGG's APPLICATION TO WASHINGTON.
Albany, 8 April, 1812.
D'r Sir: Your letter, together with the application of Mr.
Kellogg & the recommendation of Judge North have duly come
to hand, £ I have transmitted to Washington the name of Mr.
Kellogg with a recommendation for the appointment of Captain.
It gives me pleasure to hear of your prosperity in business
and respectable standing where you live. I shall always re|oice
at your success and advancement.
* Arunah Metcalf was born in New York; received a public-school education; resided
at Otsego; was elected a representative from New York in the Twelfth Congress as a
Democrat, receiving 877 majority, serving from November 4, 1811, to March 3, 1813;
was a member of Assembly in 1814-1816 and in 1828.
542 ANNUAL REPORT OF THE
Genl. Eoot informed me that he contemplated putting you
in the General Staff with the rank of Captain; & until I learn
whether you prefer going there or taking the Command of a
Company the organization of the Company to which you refer,
will be suspended. I also think both he & Mr. Ogden thought
it would be proper to appoint you a Justice. Let me hear from
you upon those subjects as soon as possible.
My family are all in good health.
Aaron Clark, Esqr.
MR. GIDDONS A CANDIDATE FOR OFFICE.
Albany, 8 April, 1812.
D'r Sir: The within was enclosed to me by Col. Haight the
day after the prorogation of the Legislature. As you probably
know the Candidate Mr. Giddons, & certainly are well
acquainted with the respectable Gentlemen who have subscribed
his credentials, it is needless for me to say more, than that I
have full confidence in their recommendation.
The Honbl. Thomas B. Cook.
IN REGARD TO CONVERTING CAVALRY INTO HORSE ARTILLERY.
Albany, 9 April, 1812.
Sir: Your letter of the 28th March was duly received. I
have no objection to organize the Company of Cavalry to which
you refer into a Company of Horse Artillery, provided the
requisite number will engage to equip themselves immediately.
The uniform must correspond in every respect with that of Cap-
tain Asa B. Sizer's company of the town of Madison. Should
Captain Jennings think proper to send me a line requesting it,
STATE HISTORIAN. 543
a General Order* for the organization of a Company of Horse
Artillery will immediately issue. He must forward the names
of all the officers.
Joseph Bruce, Esqr.
" THE SITUATION IN EN-GLAND IN 1811."
Albany, 9 April, 1812.
Dear Sir: I have had the pleasure to* receive "The Situation
of England in 1811 " which you were so obliging as to send to
me.
With an assurance of my sincere respect and esteem I beg
you to receive an acknowledgment of my high sense of your
politeness.
John Rodman, Esqr.
TWO MORE MILITARY APPLICATIONS.
Albany, 9 April, 1812.
D'r Sir: Mr. Hugh Robinson, of this City, youngest son of
Mr. John Robinson, is desirous of obtaining an appointment as
subaltern officer in the Army. He is now a Lieutenant in the
Albany Regiment and conducts himself in a becoming mariner
in that station, & studies law with Mr. Henry. I have no doubt
he will make an active & good officer and therefore beg leave
to request that you will lay his name before the War Depart-
ment with such favourable representation as you may please
to make in his behalf.
The Honbl. Harmanus Bleecker.
*For G. O. April 30, 1812, organizing this Company. See Military Papers of Daniel
D. Tompkins, Vol. I, pp. 324, 325.
544 ANNUAL REPORT OF THE
Albany, April 9, 1812.
D'r Sir: Mr. John S. Henry has desired me to present the
name of his son George B. Henry, for a subaltern appointment
in the army. I am not personally acquainted with the young
man, but am informed recommendations from those acquainted
with him in New York have gone on to Washington. Should
you1 upon perusing them be satisfied of his morality and good
character, you will greatly oblige the old Gentleman by aiding
his son in procuring the desired appointment.
The Honbl. Samuel L. Mitchill.
IN REGARD TO THEl NEW YORK ARTILLERY.
Albany, April 9, 1812.
Dear Sir: The enclosed return from General Morton arrived
after the Council had dispersed. As the Artillery may contrib-
ute most essentially to the defence of New York, and ought,
therefore, to be fostered at the present juncture, I send the
return to you with authority to issue a General Order breveting
the officers named therein, provided General Morton or CoL
Sitcher shall desire it, and I have notified Col. Sitcher, thereof.
General Paulding.
P. S. You must hold yourself in readiness to change Resi-
dences with me for a short time. It may become necessary next
week. I will, however, notify you beforehand.
THE GOVERNOR GALLS COMMISSARY MCLEAN7 S ATTENTION TO THE
IMPORTANCE OF THE WORKS AT THE NARROW'S.
Albany, April 9, 1812.
Dear Sir : I have this day received your letter dated the third
day of April with the vouchers. I sincerely sympathize with
STATE HISTORIAN. 545
you and your worthy family in their afflicting loss by the death
of Mrs. Boss.
I have enclosed a check on the Merchanics Bank for two thou-
sand six hundred & thirteen Dollars and seventy two cents,
being the amount of the Account you sent me.
I will thank you to be active & attentive to the supply of the
Magazine at the Narrows & the works there with everything
needful for action. I shall probably be down within a fortnight
and may have occasion to call your services to another part of
the State; but of that I will advise you seasonably.
John McLean, Esqr.
THE GOVERNOR'S WARM INDORSEMENT FOR ISAAC KEELER, A
REVOLUTIONARY SOLDIER.
Albany, April 11, 1812.
Sir: Isaac Keeler, Esqr., of New York, informs me of his
intention to visit Washington in hopes of procuring an office or
employ under the War Department. He is advised that there
will be a vacancy in the office of Superintendent of Military
Stores at West Point, which he would be glad to obtain.
Mr. Keeler is about Fifty eight years old, but is remarkably
healthy and active and is attached to the present Administra-
tion of the Government. He entered the Army as a private at
the commencement of our revolutionary struggle, was con-
cerned in several engagements & was advanced in consequence
of merit to the several grades of Ensign, second Lieutenant,
first Lieut. & Captain; which last station he held when dis-
charged from West Point at the termination of the War. After
the Revolution he resided ten years in Saratoga County from
whence he removed to New York where he resided ever since.
35
546 ANNUAL REPORT OP THE
He has there performed the duties of Ward Justice and Col-
lector, under the Corporation for sundry objects, £ he is now
a member of the New York Veteran Corps composed of Revo-
lutionary exempts commanded by Commy. Maclean. Mr. Keeler
is now out of employ & has a family to support, for which reason
he contemplates the beforementioned application, and he is a
sober, industrious, honest & capable man. I hope he will obtain
your favourable notice & support.
The Honbl. Wm. Eustis.
TO JOHN MAHON IN REGARD TO REPRESENTATION IN CONGRESS UNDER
THE NEW CENSUS.
Albany, April 13, 1812.
Sir: My opinion upon the subject submitted by your letter of
the 7th is that the last law of the United States being predi-
cated upon a new census «Sr having established a new ratio &
apportionment is paramount to and annul the operation of our
State law, predicated upon the former ratio and number of
Representatives; and that, therefore, the only legal election
of members for the next Congress,* will one to be held, here-
after in pursuance of a future law of this State, adapted to the
ratio & number of Representatives prescribed by the late act
of Congress upon that subject. This opinion must not be con-
sidered official as it does not appertain to the Executive to
decide it, but is merely my individual view of the question.
The Election of members under the present law & according
to the existing Districts can do no harm, although my belief is
that such Election will be superseded by an Election of 27 Mem-
* Under the Act of March 8, 1808, New York was entitled .to fifteen representatives in
Congress; the Act of June 12, 1812, increased the number to twenty-one Representa-
tives—STATE HISTORIAN.
STATK HISTORIAN. r. 17
bers, pursuant to the recent law of Congress. No public incon-
venience can be experienced by a delay of the Election; the mem-
bers for the next Congress cannot take their seats until the
4th March 1813 and probably will not according to custom until
Nov. or Decemr. 1813. On the contrary, the public feeling and
sentiment of that time will be more likely to be felt & repre-
sented by members chosen next fall or the ensuing Spring, than
by members chosen such a great length of time before the ses-
sion.
John Mahon, Esqr.
THE GOVERNOR URGES HARMONY AND CONCILIATION OTHERWISE
DEFEAT FOR THE REPUBLICANS, HE SAYS.
Albany, 13 April, 1812.
D'r Sir: Great anxiety prevails amongst the Republicans of
all discriptions here & in the neighbouring Counties about the
result of the ensuing Election in tne Southern District, altho
they are not without hopes that the Republicans of that District
will see the propriety of uniting their exertions to prevent the
success of their political opponents. Ever since my acquaint-
ance with political concerns, the mode of designating the Coun-
ties which should nominate Candidates for the Senate to fill the
vacancies in the District, has been for the Republican Represen-
tatives from the District to assemble and decide which Counties
should nominate, & thereupon the Republicans of those Counties
met & respectively nominated their Candidates. This system
has hitherto operated well & has never to my knowledge been
disputed or departed from. I observe, therefore, with regret
that a nomination in New York is persisted in, notwithstanding
the Representatives from the District have in the usual manner
548 'ANNUAL KEPORT OF THE
awarded the right of nomination to Kings & Richmond Counties.
If this departure from established usages & principles be
adhered to until the Election, there is no difficulty in foreseeing
that the Election of Federal Senators will inevitably be the
consequence. I am now and always have been, an advocate for
adhering to regular nominations, and as no other method than
the one pursued this year for designating the Counties which
should nominate to fill vacancies has ever been pursued or even
proposed, it follows that the nomination made in Kings & Rich-
mond ought to be considered the regular nomination for the
Southern District. The representatives who made the designa-
tion are amongst the most upright and worthy men of that Dis-
trict and I cherish a strong hope that local claims & jealousies
will ultimately yield to the paramount considerations of custom
& principle. As to an union in support of the Assembly ticket
for New York, it could not fail to produce an auspicious result
and is, therefore, devoutly to be wished. You have, heretofore,
been made acquainted with my impressions on that subject &
I shall, therefore, forbear to mention them again, but will
remark, that personal attachments & resentments ought always
to be sacrificed to the public good & that a dispassionate £
conciliatory course cannot fail to terminate in the Return of
a Republican Assembly ticket.
Silvauus Miller Esqr.
GOVERNOR TOMPKINS TO FREDERICK RHODE IN REGARD TO THE
ONONDAGA SALT SPRINGS WITH MR. RHODE'S LETTEIR.
Albany, 14 April 1812.
Sir: I have the honor to acknowledge the receipt of your
letter of the 30th of March, and as I am under the necessity of
STATI-; 1 1 IST« u;i AN. .".!!»
leaving this place for the City of New York immediately, I seize
a moment to observe that the subject to which it relates is one of
great importance and the ideas and improvements you suggest
are worthy of great consideration, particularly those which
relate to the management & preservation of the Forests &
Woods in the vicinity of the Salt establishment. I shall avail
the Legislature of your suggestions at their next meeting, by
submitting your Communication to the Committee on the sub-
ject of the Salt Springs; and although not honored with your
acquaintance, I beg leave to invite further communications from
you upon that or any other subject connected with the welfare &
prosperity of the State.
Frederick Rhode,* Rotterdam, Oneida Lake.
* Most respected Sir:
Your Excellency will kindly pardon me while I presume to address your Excellency
on a subject of the first importance (as I conceive) to the interest of this State viz the
salt manufacturing establishment in the country of Onondaga.
Having been well acquainted with the salt manufacturing business in Europe May
I take the liberty to submit to your Excellency some ideas on the subject which have
obtruded themselves in consequence of the method in which these works are at present
conducted?
The villages formed by these factories are at present extremely unhealthy. The
Springs are partly in a state of nature some of them incompassed but not sufficiently
and some more resembling water holes than regular springs. The buildings mostly
miserable huts so situated as to be subject to the fogs from the marsh and the
inclemency of the weather &c.
In consequence of these and other circumstances with which I will not trouble your
Excellency it— forcibly impressed me that a reform and improvement might be made
in the following particulars viz.
First the Salt Springs. 2d. the mode of boiling or— evaporating the salt water.
3d. the machinery for raising & supplying the works with salt water. 4. the manage-
ment of the forests or woods.
The first object is the improving the springs— This might be done by digging them
to such a depth as circumstances and the strata of the ground may require and permit
and incompassing them in such manner that no wild or fresh water or water derived
from snow or rain can have access.
At present the salt water of these springs is adulterated and weakened by every
species of filth and frequent overflowings of other waters. Could this be prevented
and the water obtained in its proper purity much time labor and fuel would be saved
and more and cleaner salt be produced.
This is no doubt a difficult matter yet not insurmountable nor as I conceive extremely
expensive. I could quote many— instances of salt springs in Germany and elsewhere
which have been dug to the depth of many hundred feet which hav.e unifofmly
obtained water more strongly impregnated than that which was obtained near the
surface from a natural spring.
The improvement I would beg leave to suggest on the second particular are pans
forming a large evaporating surface instead of the potash kettles now in use. These
are least subject to cracking and may be so enhearthed as to require much less fuel.
550 /ANNUAL REPORT OF THE
•Under the present practice a number of kettles are placed on a block or hearth in
such a manner as to be surrounded with mud and enveloped in smoke and steam from
the midst of which the operator is often under the necessity (reeking with sweat) to
mount a scaffold many feet high in open air to work a hand pump for the purpose of
refilling his kettles. To obviate this suffer me to recommend save reservoirs to be
supplied by appropriate machinery and attached to each manufacturing house.
This naturally introduces the 3d. particular in question viz the machinery for ele-
vating water. This is an object of great magnitude and of the utmost importance to-
the well being of these establishments. It is hardly possible for any person of obser-
vation to view these works without seeing immediately the necessity of erecting engines
of sufficient power to raise water for their general consumtion much time must be
wasted many lives exposed and much general incovenience attend the present modes
of procuring a supply — To remedy this several small streams & perhaps a larger one
at some distance might possibly be so concentrated and lead as to drive wheels & move
the machineries required for the works now in operation and a good many more. Wind-
mills might be resorted to but being uncertain in their operations they ought not to-
be used unless in cases of the last necessity — Horse engines are (I speak of European
establishments as to them) far preferable to hand pumps but rather to expensive.
4th. Better and more economical regulations respicting the forests or woods is still
more necessary than all the former; inasmuch as well all the inconveniences attending
them salt can be made but if the forests are wasted the establishment must fall. The
present and perhaps any laws that can be enacted are inadequate to save the forests;
a part of a forest is cut down by permission after which the prevailing idea is that
the thing then wants no more looking after — this I apprehend is a mistaken idea. The
future growth of that same lot is of lasting and serious importance. But at present
(it seems to me) is little chance of a second growth. Cattle are roaming at large
which for years keep down the young growth and even the few trees which survive
this cropping are and remain unthrifty and stinted. Add to this if any place is chopped
which so unfrequently as to elude the injury from cattle it is peculiarly exposed to-
depredations from coopers for the purpose of procuring hoops &c. To remedy this per-
mit me to ask if one or few trusty foresters with salaries large enough to compensate
them would not usefully and even necessarily employed? Fencing such land is suffi-
cient for a farmer but here where the body politic is the proprietor it perhaps would
be little security.
There is even now much complaint of scarcity of fuel and under the present regimen
and these complaints and scarcity probably will fast increase.
Finally an observation respecting the great waste of Salt Water! Can no means be
fallen on to save and put to use a treasure so valuable? Would not powerful engines
to raise water induce the community or individual capitalists to convey the surplus to-
neighbouring uncultivated land remote from the springs there to be manufactured?
This from the infancy of this country may appear chimerical but authentic history
informs us that there is and exists a salt work at Pheichenhall in Bavaria where was
constructed 320 years ago an aqueduct for the supply of another work at Frauenstein
3 German or 15 Engl. miles distant. This water is conveyed 1% m. in leaden pipes
12 fathoms deep under ground and from thence in an open channel. Another instance
of this kind is to be found at halle in Tyrol— where the water is also conveyed 1%
Germ, or 9 Engl. miles long.
It might be also worthy of observation whether gradations by the sun or frost might
not be useful.
If your Excellency should deem it proper to pay any attention to the foregoing-
observations and ideas or think it conducive to the public interest to make any exam-
ination into the matter I should pledge myself to make such calculation which will
prove that my ideas are not chimeras but founded on experience and facts.
Your Excellency will pardon me while I premise that I deemed it a duty to point out
some of the imperfections attending an establishment of such public utility and neces-
sity. And although the laws of the state may sanction the present mode of conduct
I do firmly believe that even a gradual if not a radical reform would greatly conduce-
to the states best interests as well as to that of individuals.
With the greatest respect I have the honor to be Your Excellency's most obedient
humble servant.
Frederick Rohde
Rotterdam, Oneida Lake, March the 30th, 1812.
STATE HISTORIAN.
551
BRIGADE AND DIVISION RETURNS.
Albany, U April, 1812.
Sir: As the law as well as the General Orders of 9th of July
last,* required the respective Brigades to make inspection
Returns to the Major General who is to incorporate them into
a Division Return, I presume your predecessor Genl. Myers,
would upon application have furnished you with copies of the
returns of this year from Martin's & Brown's Brigade.
The Adjutant General makes his annual return by Divisions,
& of course it does not furnish the number in each Brigade, and
as Brown's Brigade was set off from Martin's last year I cannot
furnish the information yon desire.
It appears by a former annual Return by Brigades, that Genl.
Martin's Brigade contained 2304 non commissioned officers &
privates, and the two Brigades may now be calculated at about
3000 of which about 1750 are in Martin's & about 1250 in
Brown's Brigade and I think you may with propriety at once
act upon that number & proportion.
I beg leave to remark as the volunteers under the act I sent
you, are to have the price of a suit of eloathing for the Army,
pay, rations and a complete sett of equipments if they serve one
month, it appears to me young men will be anxious when they
know those advantages, will chearfully volunteer; the pay will
be |5 the price of a suit of clothing about $17.50 & a Musket
& equipments about $17.50 now making $40 if they should hap-
pen to serve but one month. I beg your exertions to obtain
volunteers for the Detachment if possible.
Genl. Widrig.
*See Military Papers of Daniel D. Tompkins, Vol. I, pp. 289-293.
552 ANNUAL REPORT OF THE
TWO MORE APPLICATIONS FOR MILITARY DISTINCTION.
Albany, 15 April, 1812.
Sir: Mr. Charles Cotton, of Ulster County, is recommended
to me by Captain Whiley late of the army as a young Gentle-
man of respectable connexions in the neighbourhood of his resi-
dence and of good character whose wishes are to obtain a Com-
mission in the Army Captain Whiley is anxious to gratify.
I have not been acquainted with Mr. Cotton have the utmost
confidence in the representations of Captain Whiley and there-
fore respectfully recommend Mr. Cotton to your notice and
patronage for a subaltern appointment in the Army.
The Honbl. William Eustis.
Albany, 15 April, 1812.
Sir: Mr. Benjamin H. Moores, of Plattsburgh in Clinton
County, wishes to enter the Army as Lieutenant. He is the son
of Major General Moores [Mooers] of that place who was an
officer during the Revolutionary War and is one of the most
respectable Inhabitants in that quarter.
I am well acquainted with young Mr. Moores & recommend
him both upon my own knowledge and upon the assurance of
Mr. Sailly & others of Plattsburgh. as an intelligent, industri-
ous, temperate & moral young man highly respected by his
neighbours & acquaintances. I am well assured that he could
enlist a company at Plattsburgh in a few days were he author-
ized so to do.
Should there be any vacancy in the old corps or should the
appointments for the new be incomplete, I entertain a hope that
he will obtain the appointment of Lieutenant for which I do
most confidently & cordially recommend him.
The Honbl. Wm. Eustis.
STATE HISTORIAN. :,:>:j
MR. ANDERSON RECEIVES THE COMMISSARY CONTRACT.
Albany, 17 Ap. 1812.
Gen Wildrig:
Sir: Mr. Elbert Anderson, Junr., is authorised & empowered
by the Secretary at War, to supply the most part of the State
of New York and all New Jersey with the necessary provisions;
for the U. States Troops stationed therein, he is now on his
route to the North & West for the purpose of discharging the
duty of his Commission; therefore, any contract made with this
Gentleman for the supply of the Posts at Oswego & Black
River, may be considered binding & efficient.
I am, Sir, with sentiments of respect Your Obt. St.
John McLean. Junr. Priv. Sec. of the Governor.
A copy of the above was sent to Col. Fleming.
THE GOVERNOR'S INSTRUCTIONS. TO HIS QUARTERMASTER-GENERAL,
PETEiR B. PORTER, IN REGARD TO THE CAMPS ALONG THE
FRONTIER.
New York, April 18, 1812.
Sir: By the communication from the War Department, a
copy whereof is annexed marked " A," I am authorised to pro-
vide supplies of Camp equipage and other Qu'r Master's Stores
& to cause the necessary arrangements to be made for supply-
ing marching & quartering the Troops, recently ordered into
service on the Northern Frontier of this State. The Detach-
ments to which that communication has reference, are those
referred to in General Orders, a copy of which is hereunto
annexed marked (B). Col. Philetus Swift of Phelps, Ontario
554 ANNUAL REPORT OF THE
County is assigned to command the most Westerly Detachment
and is now in service. Lt. Col. George Fleming, of Aurelius,
Cayuga County is assigned to command the Detachment at
Oswego & is also in service.
The Field officers to command the Detachment destined for
the Black River are not yet assigned.
Under the authority vested in me by the President, you are
hereby authorised & requested to take upon yourself as Quarter
Master General of this State, the duty of making arrangements
to supply the said Detachments with all that may be needful to
facilitate their march, and the transportation of their baggage
&c to their respective Stations & for their accommodation at
those stations. If suitable Barracks or other places of accom-
modation for the Detachments for Oswego & the Black River
cannot be immediately obtained you will cause the necessary
huts or Barracks to be erected immediately, & the requisite
Camp articles £ impliments to be provided. . At Oswego, the
Public ground may be the most eligible place for an encamp-
ment. At Black River or near it, there is no public ground. I
would, therefore, advise the purchase of about twenty acres for
that purpose, in some healthy & proper spot provided you shall
find it necessary to go to the expence of building huts or Bar-
racks there. But should tents be seasonably supplied by the
U. States for that Detachment then you may hire the requisite
ground for the .site of an encampment.
You are at liberty to require one regimental Quarter Master
for each Detachment to enter into service immediately & to
employ & direct the Regimental Qur Masters in relation to the
arrangements for their respective detachments.
STATK HISTUKIAN. 555
Major Darby Noon, of Albany, has already been engaged to
assist in the Quarter Master's Department and will act under
jour superintendance and orders accordingly.
With respect to funds, the sum of $2500 is herewith remitted
to you. Any further sums which may be wanted will be placed
to your credit in the State Bank at Albany, or your draughts
on me, therefore, at five days sight will be duly accepted &
paid.
Elbert Anderson, Junr., the contractor for this District is
now at Albany, or to the Northward. & will supply rations. If
he shall omit so to do, you or the officers whom you may author-
ize for that purpose, will cause it to be done.
Your brother, being the contractor for the Niagara District,
.you will find no difficulty in making the necessary arrangements
for the supply of Rations for the most westerly Detachment.
For the monies expended, duplicate vouchers must be taken,
& the receipts must express the sum in writing, & not in figures,
and as the accounts of the Quarter Master's Department will
be rendered & settled in your name at the War office, it will
be well that the receipts to be taken by all subordinate agents
should be in the name of " Peter B, Porter, Esqr. Quarter Master
General of the State of New York." You may require the Regi-
mental Quarter Masters & other agents under you, to give
security for the faithful expenditure of the monies advanced
by you to them: It is also proper to apprise you, that your
accounts & vouchers will be such as that they can be rendered
separately under the Distinct heads of appropriation.
About one half of the Detachment for Niagara may remain at
Buffalo or Black Rock, & be accomodated there until further
orders.
556 ANNUAL KEPORT OF THE
It will be expected, that I be advised of your proceedings
regularly, & that I also be made acquainted with the best &
most expeditious mode of communicating with you & the Com-
mandants of the respective Detachments.
Peter B. Porter, Esquire, Quarter Master General of the State
of New York.
JOHN CAMPBELL OF NEW YORK AND MAJOR FRANCIS M'CLURE SEEK
ARMY COMMISSIONS.
New York, 21 April, 1812.
Sir: Mr. John Campbell, of this city, whose former creden-
tials are before you, is solicitous to succeed in his application
to the War Department for a situation in the Army. Mr. Camp-
bell's father was formerly my Instructor & particular friend,
& I am satisfactorily assured, that his son is a well educated,
moral & worthy young man, £, therefore, cordially unite in
soliciting the success of his application.
The Honbl. William Eustis.
New York, April 21, 1812.
Sir: Major Francis McClure, who commands the Battalion
of Greens in this City, wishes an appointment as Field officer
in the Army. I have, heretofore, had the honor of recommend-
ing Major McClure to the Members of Congress from this City —
is a firm and decided Republican, & I entertain no doubt would
distinguish himself for valour and patriotism, were he enrolled
amongst the officers of the army.
The Honbl. WEI. Eustis.
STATE HISTORIAN. 557
MR. JOHN ROGERS' DESIRE TO VISIT EUROPE IN A GOVERNMENT
VESSEL.
New York, April 21, 1812.
Sir: Mr. John Rogers, of this City, proposes to visit Wash-
ington with a hope of obtaining a passage to Europe in a
National Vessel and has desired me to address a line to you in
his favour. I pray you to pardon the liberty I take in comply-
ing with his request and in saying at the same time, that he is
a young Gentleman of good character & standing and of highly
respectable connexions.
The Honbl. James Monroe.
THE GOVERNOR PUSHES MAJOR NOOX FOR WARD FOR A LINE
COMMAND.
Albany, April 21, 1812,
Dear Sir: The Detachment at Oswego is to consist of Four
hundred men. I have assigned one Field Officer, (Lt. Col. Flem-
ing) to Command it. He will probably require a Major under
him, & should none have been designated or selected by Mr.
Fleming, I should advise him to accept Major Noon's services in
the line of that Detachment under him, and Major Noon may
then continue the performance of the duties in the line of that
Detachment with the duties of the Quarter Masters Department.
He is an officer of merit in the corps to which he is attached and
will doubt not be as active & useful a Field officer as Col. Flem-
ing can select.
I will thank you to endeavour to place the Major in the line of
that Detachment or of the one at Sackets harbour if it should
be agreeable to the General officers. Genl. Widrig, whose aid
558 AUNUAL KEPORT OF THE
Mr. Myers, lives at Herkimer, will perhaps be willing to recom-
mend but one Lt. Col. and one Major for the Detachment at
Sackets harbour, and will agree that Major Noon take the com-
mand of one of the battalions on the arrival of the Troops at
the place of encampment. In the mean time he might be pre-
paring there for their reception under your Instructions.
Genl. Peter B. Porter.
MR. TUBELE AN APPLICANT FOR MILITARY HONORS. .
New York, April 21, 1812.
Sir: I understand that Mr. John Tubele, now of Philadelphia,.
but formerly of this City, has applied for an appointment in the
Army. His Uncle, Major Bogart, of this City, informs me he is
a moral intelligent & worthy young man with military qualities.
Mr. Bogart being himself a person whom I highly esteem and
being also- one of the best Militia officers in this part of the
State, his representations both as to the character & Military
turn of Mr. Tubele are entitled to the highest confidence.
I therefore cheerfully concur in recommending Mr. Tubele for
,he Honbl. liym. Eustis.
•-"*> £*.. ••.-•"£•
THE GOVERNOR COMPLIMENTS CAPTAIN MAHER AND THE REPUBLICAN
GREENS FOR VOLUNTEERING.
Albany, April 21, 1812.
Sir: I have received the letter which you did me the honor of
addressing to me, tendering the services of the Republican Green
Rifle Company, to the United States, and I have forwarded the
same to the President.
STATE HISTORIAN.
551?
I cannot omit expressing the satisfaction I feel, at this
patriotic offer. In a moment of difficulty and alarm like the
present, such conduct reflects double honor on the Company
under your command.
As soon as I shall have received the President's answer to my
letter, I will do myself the honor of transmitting it to you.
I beg you, Sir, to present my respects to the members of the
Republican Green Rifle Company and to accept for yourself the
assurance of my high esteem.
Captn. James Maher.
CAPTAIN MAKER'S TENDER FORWARDED TO THE SECRETARY OF WAR.
New York, April 21, 1812.
Sir: I have the honor to enclose to you a letter from James
Maher, Captain of the Republican Green Rifle Company at
Albany, tendering the services of the officers non commissioned
officers and privates of that company, to the President of the
United States pursuant to the act of Congress passed the 6th
day of February last; which offer I pray you to la
President for his acceptance.
The Honbl. William Eustis.
MAJOR NOO'N NOTIFIED OF HIS NEW HONORS.
New York, April 21, 1812.
Sir: I will thank you to consider yourself in service of the
United States with the rank and pay of a Brigade Quarter
Master from the time of your arrival in Albany, until you shall
receive orders of discharge.
I
560 ANNUAL KEPORT OF THE
Brigadier Genl. Porter, Quarter Master Genl. of this State,
will give the requisite information & instructions relative to the
duties in the Quarter Master's Department, which will be
assigned to you, and you will please to obey and respect his
orders accordingly. You are also authorized to accept the com-
mand of Major in the line of either of the Detachments, should
the same be offered & be agreeable to you.
Major Darbey Noon.
LIEUTENANT-COLONEL LAIGHT'S INDORSEMENT, INDORSED BY THE
GOVERNOR.
New York, Ap 24, 1812.
Sir: Lt. Col. Laight who subscribes the enclosed letter, is
one of the most intelligent, worthy & correct officers of the New
York Militia. His recommendation of Mr. Olark is so full and
ample that, although I have no personal acquaintance with Mr.
Clark I cannot hesitate to unite in recommending him as a per-
son well qualified for the office of Captain in the Army.
The Honbl. William Eustis.
ORDNANCE SUPPLIES AND FOUR GUN CARRIAGES FOR THE WORKS AT
THE NARROWS.
New York, April 25, 1812.
D*r Sir: You will please to supply the State works at the
Narrows with ball, cartridges, ammunition, handspikes and
other articles requisite for action, and cause to be made with
the utmost expedition four Gun Carriages to move upon a pivot
like the one constructed by Captain Horn, with such alterations,
STATE HISTORIAN. .",01
however, as your trials of that carriage and your own experience
may suggest.
Upon my arrival in Albany I shall furnish you with more ex-
tensive and detailed instructions.
John McLean, Esqr.
A SUGGESTION OF REAL ESTATE VALUES IN NEW YORK IN 1812.
New York, April 25, 1812.
Sir: The propositions which I have received from Messrs.
Gardner's are mentioned below. The wharf extends about two
hundred and ten feet southerly from Water Street & the water
right extends from thence, to the permanent line about 140 feet
more, making in the whole length about 340 feet. The width of
the whole wharf is about three hundred and fifty feet, and the
width of that part of the wharf which lies eastwardly of Hunt's
buildings is about 170 feet. For the title in fee of the whole
they ask 150,000 Dollars, For the title of the 170 feet wide they
ask $72,850. For a lease of 14 or 21 years, of the whole, they
ask 2000 Dollars per year & for a lease of the 170 feet in width
for the same periods $970 per year.
I would remark that the proprietors of the above mentioned
grounds are extremely unwilling to part with the fee of it, and
that it is very probable from the tenor of their conversation,
that should the Government be willing to take a lease the term
would be lengthened or the annual rent above mentioned be
reduced.
For the Eight Lots of Mr. Astor on the North River, with the
appurtenant right to the thirty feet of Street along side, which
is already fitted & for the Store house erected on the Wharf, he
36
562 ANNUAL REPORT OP THE
requires f 10,000. I consider his offer to be no more than a very
reasonable price for the property.
The sum for which the Gardner's propose to sell their prop-
erty, is in my opinion double, the sum which it is worth. Their
proposition for lease is not very extravagant.
Col. Jonathan Williams,
MR. JOHN JACOB ASTOR'S REAL ESTATE TRANSACTION WITH THE!
STATE AND GOVERNMENT.
New York, April 25, 1812.
D'r Sir: Since my letter of this morning I have seen Mr.
Astor, who says he has authority to convey and assure to the
United States as private property, the thirty feet in width which
we regarded as street, which will give you 130 feet in width.
Col. Williams.
THE GOVERNOR DIRECTS THE EXPENDITURE OF THE UNEXPENDED
BALANCE ON THE WORKS AT THE NARROWS.
New York, April 25, 1812.
Gentlemen: I will thank you to proceed immediately in
expending the residue of the appropriation for fortifications in
such manner as you may upon consulting & advising with CoL
Williams, judge most beneficial for the defence & safety of New
York. As the Commissioners have recommended a further
appropriation of thirty thousand Dollars and as I fully concur
in that recommendation, I entertain no doubt the Legislature
will make the appropriation; accordingly it appears to me that
the Commissioners will act wisely in expending the balance now
remaining in expectation of and with reference to such addi-
tional appropriation.
STATE HISTORIAN.
The Commissary of Military Stores is directed to equip the
works with ball, powder, handspikes & other needful things
which may belong to the State, and I have also directed him to
make a few Gun Carriages for Fort Richmond, which should
they prove good, will be placed there in lieu of the present car-
riages and the present carriages will be removed to Fort Hud-
son.*
The limited measures which the present unexpected balance
will warrant, will not justify the expence of a head superintend-
ant of Fortifications at four Dollars per day, and, therefore, the
Commissioners will please to proceed in that respect, hereafter,
as they may judge best adapted to the amount of the appropri-
ation unexpended, £ the extent of the works unfinished.
To the Commissioners of Fortifications.
CAPTAIN MOSE'LEY'S OFFER ACCEPTED CONDITIONS UNDER WHICH
VOLUNTEERS WERE ACCEPTED.
Albany, April 27, 1812.
Sir: An opportunit}^ has now presented, which enables me
to accept of the tender of the services of yourself and company
communicated to me on the fourth day of Dec'r last. You will
perceive that there are two acts of Congress under which they
may volunteer; that under which the detachment is now ordered,
limits the service to six months and abolishes the punishment
of whipping. The act authorising the President to accept the
services of Volunteer Corps, extends the period of service to
one year but confers other advantages. The officers if wounded
*Fort Hudson was the water battery on the North face of the Staten Island Works—
STATE HISTORIAN.
•
564 ANNUAL KEPORT OF THE
will, be placed on the pension list. One hundred and sixty acres
of land will be given to the representatives of such as may be
killed in service. The amount of a suit of cloathing for a sol-
dier is to be paid in cash, and if they serve but one month, they
are to be presented with a Musket, Cartridge box & other per-
sonal equipments of a soldier, as a compliment for their prompt-
itude & patriotism in volunteering.
I send you both acts with the forms for volunteering under
them, together with the forms of a Muster Roll and Inspection
Returns combined in one.
Should your Company volunteer to the number of seventy five
or upwards, I shall feel myself authorised to organize them into
two companies, and to assign you as a Major in the Regiment
in which those two Companies may be organized. And you can
act under this impression.
Captn. Jonathan Moseley.
COLONEL LAMB NOTIFIEiD HE MUST REMOVE HIS RECRUITING RENDEZ-
VOUS FROM THE ALBANY ARSENAL.
Albany, April 28, 1812.
D'r Sir: When the Arsenal ground in this City was first
occupied as a recruiting rendezvous, I understand that it was a
temporary arrangement only, and that some other suitable place
would be shortly procured. It is at all times inconvenient to a
certain degree improper and unsafe to have such an establish-
ment connected with an Arsenal, but it is peculiarly so at the
present time, when it becomes necessary to have it constantly
open for the purpose of receiving and delivering fixed ammuni-
STATE HISTORIAN.
tion, powder and other articles for preparation and defemv &
to have the work shops for the purpose of repairing our muskets
and fixed ammunition. I cannot for a moment entertain the idea
that the saving of ninety or one hundred Dollars per year in
rent, can be the inducement for the United States to hazard the
safety of the immense quantity of property in the Arsenal be-
longing to them and to this State. And as there can exist no
difficulty in procuring some other suitable place for an incon-
siderable rent, I have to request that you will, by the tenth day
of May now next, and sooner if practicable, cause the recruiting
rendezvous and the soldiers already enlisted with their baggage
to be removed from the ground & buildings appertaining to this
State.
Ool. Anthony Lamb.
INSTRUCTIONS FOR COLONEL GEORGE FLEMING.
Albany, April 28, 1812.
Sir: I have this moment returned from New York and have
received your letters under dates of the 10th and 20 Instant.
I have dispatched the Quarter Master General of this State
and other agents T;o provide as well for transporting the Troops
to their places of rendezvous, as for supplying them on their
arrival with Barracks and other accomodations. Presuming
that this business has been attended to, I have requested the
Generals to order the Detachments from their respective
Brigades, to march forthwith to Oswego, & you will please to
take immediate measures accordingly.
You are to have one Major under you, and an Adjutant. The
latter you will select for yourself. The Senior Captain, or
•
566 ANNUAL REPORT OF THE
Major Noon, who has gone on in the capacity of Brigade Quarter
Master, may act as Major. If neither should be agreeable to
you, General Ellis will detach any Major from his brigade whom
you may select.
Lt. Col. Geo. Fleming.
THE GOVERNOR, IN BEHALF OF SENATOR SMITH, APPLIES TO THE
PRESIDENT FOR LETTERS OF INTRODUCTION.
Albany, 28 April, 1812.
Sir: The Honbl. Nathan Smith, one of the Senators of this
State and Gentleman of much respectability and worth, sets out
this day for the southward with a view to ascertain the fate
of a brother of his who left New York in November last to go
to New Orleans, either by water from a southern Port or by
land to Pittsburgh & from thence down the Ohio and who has
never been heard of since. Mr. Smith entertains a fear that his
brother must have died suddenly at Baltimore or Norfolk or
have perished in the Theatre at Richmond.
Should he proceed as far as Virginia it may be necessary for
him to be introduced to some persons to whom he may apply
for advice and assistance in relation to the Estate of his brother.
As I have no acquaintance in either of those cities, I have ven-
tured to request of you to favour Mr. Smith with a line of intro-
duction to some of your acquaintances in Richmond & Norfolk
for the above purpose.
Were I not able to pledge myself to you for the honor, integ-
rity and respectability of Mr. Smith I should not venture to
make this request.
The Honbl. James Monroe.
STATE HISTORIAN. 567
IMPERFECT AMMUNITION THE GOVERNOR LOOKS AFTER ORDNANCE
SUPPLIES FOR THE INEVITABLE WAR.
Albany, April 28, 1812.
Dear Sir: Upon examination into the state of the arms,
ammunition at Canandaigua and Batavia, it said that several
of the muskets are out of repair & that the fixed ammunition
is mostly injured and unfit for use. The Barrel of Flints at
Batavia, has been opened & prove to be very large and irregular.
1 send you in a paper some of them taken promiscuously from
the barrel.
I wish you to have a knapsack made for a sample and send
it to me by the Saturday's Steamboat — inform me also whether
shoulder straps of leather or webbing are best, also of what
kind of cloth knapsacks ought to be made and whether the>
ought to be painted or not.
Please also to let me know whether you can get leaden buljets
for muskets of the United States caliber for less than 13 cents
per pound. I can procure them here for that price, and we must
have an immediate supply of them.
If there be not sufficient Cartridges in the New York Arsenal
suited to the bore of the Whitney Muskets, you must have a
quantity (100,000) prepared immediately.
John McLean, Esqr.
AMMUNITION ORDERED FOR THE CANANDAIGUA ARSENAL.
Albany, 28 Ap., 1812.
Sir: You will please to cause to be boxed securely for trans-
portation without a moments delay: One thousand Tower Hill
muskets in the Albany Arsenal — 75 Rifles — one thousand car-
tridges boxes with Bayonet belts &c— 28,000 cartridges, for
568 ANNUAL REPORT OF THE
Tower Hill muskets, four boxes of Buckshot — thirty casks of
cannon powder — 15 casks of musket powder — five casks of rifle
powder — 500, 3 pound ball, 400 four pound ball & 300 six pound
ball. You will also ascertain upon what terms Eri Lusher, of
Schenectady, will convey the same to Canandaigua and report
to me your proceedings as soon as possible.
John Vernor, Esqr., Assistant Corny. &c
GENERAL AMOS HALL CONGRATULATED AND AT THE SAME TIME
RECEIVES INSTRUCTIONS.
Albany, April 29, 1812.
Sir: I was sincerely gratified by the report which I received
from Mr. Wigton of the promptitude and energy with which
yourself, Genl. Wadsworth and other officers gave effect to the
General orders of second Instant.* I pray you to receive for
yourself & to convey in Division Orders to the officers and sol-
diers of the Division who have distinguished themselves by their
prompt & voluntary tender of services, the high sense I enter-
tain of their Military pride & patriotic zeal & to present them
my cordial thanks. As you are better acquainted with the
special instances of spirit and patriotic ardor shewn an the
occasion, you will please to modify your Division Orders accord-
ing to your knowledge of the particular officers and soldiers who
may merit extraordinary praise and thanks.
If the Detachment shall not have marched previously to your
receipt of this communication, you will please to put them in
motion immediately. Any extraordinary contingent expenees
or services which you may be put to or render in your prompt
*For general order of date April 2, 1812, see Military Papers of Daniel D. Tompkins,
Vol. I, pp. 315-17.
STAT.-: HISTORIAN. r,i;:»
attention to this business, ought to be paid by the Government,
and if you will keep a memorandum & account of it with your
account for express hire, I have doubt I can procure the payment
of it for you.
You will receive by this or the next mail, another General
Order* for detaching from your Division its quota of 100,000
men. The number of men already detached has been deducted
from the proportion of the 100,000 which would otherwise have
fallen to your share.
Genl. Amos Hall.
INSTRUCTIONS TO COLONEL SWIFT WHO IS ORDERED TO NIAGARA.
Albany, April 29, 1812.
D'r Sir: The General Order,f of which the enclosed is a copy,
will inform you of your orders to proceed immediately to your
Tost at Niagaga or near it. If a part of the Detachment can be
flceomodated at Buffaloe, and a part at Lewistown, you may
remain a few days at those places with your Field officers and
all your Regiment, except two or three Companies, which may
be sent to the Fort & put under the command of Captain
Leonard. I mention this merely to provide for the event of Cap-
tain Leonard's having received no instructions to receive your
whole Regiment into the Garrison or to respect your author-
ity as an officer in actual service of superior grade to himself.
Should that objection be obviated, however, before your arrival
at Buffaloe, the precaution mentioned above may not be neces-
*For general order of date April 28, 1812, see Military Papers of Daniel D. Tompkins,
Vol. I, pp. 323-24.
tGeneral order of date April 28, 1812. See Military Papers of Daniel D. Tompkins,
Vol. I, pp. 323-24.
570 ANNUAL KEPORT OP THE
sary, but you will at once repair to and assume the Command
of the Post and district accordingly. It will be well to leave
some trusty & active officer, non commissioned officer or private
at Canandaigua, to receive dispatches for you and take them
on after you. I have written to the Secretary of War for infor-
mation as to the object & duties of the Detachment, and upon
receiving an answer will address you at Canandaigua, which
letter the person left behind will receive and convey to you
immediately.
I am inclined to think your duties as a Senator must be con-
sidered of more importance than your Military duties unless
invasion or war should commence. If neither should happen
before that time, you are at liberty to confide the command of
the Detachment to the senior Field officer under you, and to
repair to the seat of Government by the 21st of May, where I
may personally confer with you & communicate instructions for
future operations of the Detachment.
Lt. Col. Philetus Swift.
JAMBS WATSON'S APPLICATION FOB THE ARMY INDORSED.
Albany, April 29, 1812.
Sir: Mr. James Watson, who resides in my neighbourhood
& with whom I am well acquainted, is a young man of moral
& industrious habits, of good appearance and of respectable
standing in society. I, therefore, recommend him confidently
as qualified for and worthy of the appointment of Ensign or
Second Lieutenant in the Army.
The Honbl. Wm. Eustis.
STATE HISTORIAN'.
r.Tl
MR. LOYD APPLIES TO MANUFACTURE POWDER MATERIALS SUPI'i
Albany, April 29, 1812.
Sir: Mr. Loyd, of Plainfield, Otsego County owns a powder
Manufactory, but on account of the non-intercourse law & the
want of extensive Capital, he cannot employ his works and all
his hands to advantage. He will manufacture for the National
Government powder of good quality and upon reasonable terms,
if the materials be supplied, and will deliver the powder at
Albany, Fort Stanwix (Rome) or Oswego. I am desired by him
to make the enquiry, whether any encouragement can be
afforded to him in the way above mentioned, and the public be
benefited at the same time.
The Honbl. William Eustis.
TRUMAN ADAMS APPOINTED SURGEON'S MATE.
Albany, April 29, 1812.
Sir: I was absent in New York when your letter of the 14th
Instant arrived here. I have written to Col. Fleming the Com-
mandant of the Oswego Detachment, to employ you in the
capacity of a Surgeon, or Surgeon's Mate to that Detachment,,
if no person had already been engaged by him for that purpose.
Truman Adams, Esqr.
Albany, April 29, 1812.
* •
Sir: I have received a letter from Dr. Truman Adams, Post
Master at Camillus informing me that he is about to remove to-
Oswego and would be glad to be employed as Surgeon or
Surgeon's Mate for the Detachment of Militia under your com-
mand. Should you not have already selected a surgeon for the
572 ANNUAL REPORT OF THE
Detachment I will thank you to make enquiry into the pro-
fessional standing of Dr. Adams and, if it should prove respect-
able, to employ him in one of the above mentioned capacities.
Lt. Col. Geo. Fleming.
DR. HEWS RECOMMENDED AS AN ARMY SURGEON.
Albany, April 29, 1&L2.
Sir: I take the liberty of recommending for Surgeon in the
Army Doctr. Benjamin B. Hews, of New York. He is a young
gentleman of moral habits of polite and amiable manners and
deportment and unexceptionable professional qualifications.
The Honbl. William Eustis.
THE GOVERNOR REQUESTS GOVERNOR GERRY OF MASSACHUSETTS TO
APPOINT WITH HIM JUDGE CHIPMAN, OF ONTARIO, AS INDIAN
SUPERINTENDENT.
Albany, April 30, 1812.
Sir: By the tenth article of the Convention entered into
between the States of Massachusetts & New York on the 16th
of December 1786, it is provided that no purchase from the
Native Indians by the Grantee or Grantees, of the- preemptive
right to the lands & territory thereby ceded by New York
to Massachusetts, shall be valid unless the same shall be
made in the presence of and approved by a superintendent to
be appointed for that purpose by the Commonwealth of
Massachusetts.
I am not acquainted with the object of the above mentioned
provision; but as the owner of the preemptive right of the
Holland purchase, being the lands & territory mentioned in the
STATE HISTORIAN.
said Convention, are desireous of holding a treaty with the
native Indians for the purchase of their right in a part of said
lands, they have desired me to request you to cause a superin-
tendant to be appointed for that purpose by the Commonwealth
of Massachusetts pursuant to the aforesaid article of the Con-
vention, and I beg leave to recommend Judge Lemuel Chipman,
of Ontario County, as a suitable person to be appointed. Mr.
Chipman was formerly a Senator in this State, is a man of
probity, intelligence and respectability not interested in the
premises and I believe wholly unacquainted with the parties
interested. Should he be thought worthy of the appointment
and be selected accordingly, the appointment may be enclosed
to me & I will cause it to be immediately forwarded to him.
His Excellency Elbridge Gerry [Governor of Massachusetts].
THE GOVERNOR ACCEPTS THE SERVICES OF A COMPANY OF ARTILLERY.
Albany April 30, 1812.
Sir: Under date of the Eleventh Instant I received a letter
signed by yourself and others, tendering their services as officers
& non commissioned officers of a Company of Artillery. I have
been requested by the President to Detach and organize 13,500
of the Militia of this State as part of whom the officers, non-
commissioned officers, and privates of your Company will be
gladly accepted. There are two acts of Congress under which
they may tender their services, and I send you a copy of each
of them with the form of volunteering that the company may
make its election.
Captn. Abel Foster.
I
574 ANNUAL REPORT OF THE
THE GOVERNOR MAKES APPLICATION FOR THE APPOINTMENT OF
THOMAS MACHIN, JR., TO THE ARMY.
Albany, Ap 30, 1812.
Sir: Mr. Thomas Machin, Junior, of Charleston, Montgom-
ery County has produced to me a recommendation from the
speaker of our house of Assembly and others for an appoint-
ment as Captain in the Army. He would prefer the Cavalry
or Artillery.
The father Mr. Machin was a Captain of Artillery* in the
American War and distinguished himself for bravery and use-
fulness. You may perhaps recollect him. The applicant is his
only son of about twenty six years old, well informed of respect-
able standing of good moral character and of patriotic prin-
ciples.
Should there be an opportunity of giving him the desired
appointment I hope it will be granted him as I have no doubt
he will make an intelligent brave and useful officer.
The Honbl. Wm. Eustis.
THE GOVERNOR TO THE SECRETARY OF WAR IN REGARD TO THE
PROTECTION OF THE FRONTIER.
Albany, April 30, 1812.
Sir: Your several communications relative to Detachments
of the Militia of this State to be stationed at Niagara, Oswego
and the mouth of Black River have been duly received, and
also the requisition for the quota of this State of one hundred
thousand men. J found it necessary to dispatch an express
* Thomas Machin, was a distinguished Engineer not Artillery Officer of the War of
the Revolution— STATE HISTORIAN.
STATE HISTORIAN.
575
with the orders for the first Detachments, and to empower each
of the Major Generals to employ expresses not exceeding one
hundred Dollars for each Division. The messenger which was
sent by me visited the Arsenals in that direction, and made pro-
visions for supplying the Detachment with arms and ammu-
nition from the Public Stores. He also notified the contractor
for Niagara, to prepare for supplying that Detachment with
rations, visited Fort Niagara to notify Captn. Leonard of my
orders, and ascertain the extent of accomodation for troops
there. It has now become necessary that I should receive
instructions upon certain points touching those Detachments.
The Garrison at Niagara has been placed under the Command
of Captn. Leonard, who I am advised will not feel himself justi-
fied in surrendering the command to an officer of superior rank
of the Militia ordered into service at that Post without some
notice or instructions to that effect from the War Department.
It will be necessary to remove that difficulty immediately, other-
wise misunderstanding and dissatisfaction will take place. To
prevent this I have in the orders directing that Detachment to
march, authorized Lt. Col. Swift to send three companies to
the Fort & place them under Captn. Leonard & to keep the rest
at Buffaloe & Lewiston with the Field officers, until I may hear
from you. If Captn. Leonard shall have received the requisite
orders, or will admit the Detachment and its officers to the
command, according to their rank, Lt. Col. Swift is to proceed
immediately to Niagara with the whole of his Detachment.
The precise object for which these corps were ordered out
and the duties and services which they are required to per-
form, have not been communicated to me, and of course I am
unable to issue orders or instructions upon that head to the
576 ANNUAL REPORT OF THE
commanding officers. It is, therefore, desirable that I should
receive as soon as possible, information and specific directions-
in that respect or that they should be communicated imme-
diately to the commanding officers of the Detachments.
Peter B. Porter, Quarter Master General of this State,,
immediately after the receipt of your communication of the
20th Instant, proceeded to the 'westward to perform the duties
of that Department. I advanced to him four thousand Dollars-
for that purpose, and gave him authority to draw on me at
sight for such further sums as might be required. Genl Porter
is not ordered into service or to tak;e any command, but merely
represents me in the performance of the duties imposed by your
letter of April 20th.
Should you think it proper to deposit in the New York State
Bank in this City, or to forward to me a draft for such sum as
will reimburse the aforesaid advance, and discharge such
draughts as may hereafter be made upon me for the contingent
disbursements, advances to officers, pay and expenses of trans-
porting and accomodating the men ordered into service, it will
be acceptable. Any other way, however, of arranging that
business, which may be more agreeable to the Government, will
be equally satisfactory to me.
Lt. Col. Philetus Swift who is assigned to command the
Niagara Detachment was a revolutionary soldier, is now a
Senator of this State, and his experience fidelity and courage
may be relied on.
Lt. Col. George Fleming, who is to command at Oswego, was
made a Lt. Col. by appointment as my aid, for the express pur-
pose of taking the command of that Detachment. He was an
Artillery officer in the Revolution and served in the army since
STATI: HIST<MMAN.
577
the peace, until a few years back. His experience and patriot-
ism render him a very suitable person for that Command.
I left New York on Saturday last; previously to which orders
were issued for the Detachment of the quota of 100,000 men
including the six companies of Artillery required for the works
in the harbour of New York. The officers of several companies
called on me for the Acts of Congress and for the form of
volunteering under them. These were immediately furnished
and I trust they have by this time, reported themselves to the
commanding officer in the harbour. You will please to observe
that the companies of Artillery consist of different members,
some of 40, others of 50, and others of 75 men and upwards; of
course if less than a full company shall volunteer with their
officers, and their services be accepted, it must be expected that
there will be a greater proportion of officers than would be
necessary, were it practicable to organize companies of exactly
75 men each, including officers. Some direction granting
indulgence in that respect will be indispensible & will be more
proper when it is considered that those companies have no more
than three commissioned officers.
As the works at the Narrows are most exposed and will be
the first to be attacked, I take the liberty of requesting that
two at least of the companies of artillery may be stationed
there.
I was directed to receive volunteers under the act of the sixth
of February last to compose the Frontier Detachments, but am
not advised whether they may be received as part of the quota
of 100,000 men or for any other purpose. As some Companies
have already volunteered under that act, since the organization
of the Detachments for Niagara, Oswego & Black River was
37
578 ANNUAL KEPORT OF THE
directed & in other Divisions than those from which those
Detachments were taken as other companies are desireous of
volunteering under the act of 6th of February, I beg to be
informed whether the companies so volunteering, are to be
accepted and organized as part of our quota of the 100,000 men
& to be credited to the respective Divisions and Brigades
accordingly, and if not, in what way are those volunteers to be
organized?
In April or May 1808 I did myself the honor of conveying to
the President, an act of the Legislature of this State appro-
priating 20,000 Dollars for the defence of our Northern and
western frontiers to be expended by the Governor in co-opera-
tion with the National Government in such a way as might be
most effectual for the attainment of that important end. The
President did not think it advisable in the then state of our
relations with Great Britain to commence any fortification or
other military operations on the Frontiers which might create
alarm with our Canadian neighbours. The appropriation is
still at my disposal, but the plan upon which it is to be expended
must be devised and entered upon by the General Government
to enable me to comply with the terms of the law.
I must be permitted again to invite the attention of the
President to that subject, and to repeat that I shall promptly
and cordially proceed in the expenditure of the money in
co-operation with the National Government in any system which
may be advised or directed by the President.
The Honbl. William Eustis.
STATE HISTORIAN. 579
JOHN FELLOWS APPLIES FOR APPOINTMENT IN THE COMMISSARY OR
QUARTERMASTER'S DEPARTMENT.
Albany, May 1, 1812.
Sir: Mr. John Fellows, of the City of New York wishes to
•receive an appointment under the General Government in the
•Commissary or Quarter Master Department.
I have been acquainted with Mr. Fellows twelve years,, during
which time he has been employed in situations of trust & con-
fidence which he has filled with integrity and usefulness. He
is a Gentleman of intelligence, of respectable standing and of
patriotic political principles. I, therefore, cordially recommend
him as qualified for and worthy of a station in either of the
.said Departments.
The Honbl. William Eustis.
THE GOVERNOR MAKES REQUISITION FOR AMMUNITION AND EQUIP-
MENT FOR COLONEL BELLINGERS DETACHMENT.
Albany, May 1, 1812.
Gentlemen: You will please to deliver to Christopher P.
Bellinger, Lt. Col. Commandant of a Detachment of Militia
•ordered into service on the Frontier of this State, such Muskets,
•Cartridge Boxes, bayonet-belts <& fixed ammunition from the
Arsenals under your respective care as he may require, to
equip the said Detachment & you will take duplicate receipts
or certificates, therefore, specifying therein or in a schedule
annexed thereto, signed by him a particular enumeration of the
articles so delivered & transmit one copy of the said receipts
or certificates to me.
Joshua Hathaway, Esqr., Rome and Joseph Clark, Esqr.,
Watertown.
X
580 ANNUAL REPORT OF THE
AMMUNITION ORDERED TO GENERAL HALL.
Albany, May 1, 1812.
Sir: Since writing the letter which accompanies this I have
received your two communications covering Inspection returns
of the quotas from; Genl. Wads-worth & Genl. Rea's brigade.
Your attention to & accuracy in the discharge of the duties
imposed by General Orders of the second of April merits &
receives my cordial acknowledgements.
In consequence of the intimation contained in your letter of
the 19th, I am prepairing, & shall send off on Tuesday 1000
Tower Hill muskets, 30,000 rounds of fixed ammunition, 30 Casks
of Cannon powder, 16 Casks of musket powder 1000 Cartridge
boxes &c for Canandaigua, of which the patriotic Militia of the
westward will, I doubt not, make a patriotic & brave use should
they be invaded or attacked.
A copy of that part of my General order of which is enclosed,
supersedes the necessity of my saying anything about the limits
of the western Divisions. A copy of that order was transmitted
to Major General Myers, who previously commanded the whole
and he ought to have made it known to all the subdivisions of
his corps.
Major Genl. Hall.
THE GOVERNOR JOGS MR. M?LEANJS MEMORY FOR AMMUNITION.
Albany, May 1, 1812.
D'r Sir: I requested you whilst in New York to send up
fifteen hundred Cartridge boxes, bayonets, belts &c to Albany,
but as I did not repeat the request in my letter of the 25th, I
presume it has escaped your memory. I will thank you to send
up with the utmost possible dispatch, 1500 Cartridge boxes &c
STATE HISTORIAN. 581
and about 30,000 rounds of fixed ammunition, suited to the bore
of the Muskets on the Frontiers (16 to a Ib.) They must be so
put up as to admit of being forwarded from this to the west-
ward without being unboxed. Dont forget the pattern knap-
sack, and the other subjects mentioned in my letter of the 28th
of April.
John McLean, Esqr.
GENERAL WIDRIG RECEIVES INSTRUCTIONS FOR THE BLACK RIVER
DETACHMENT.
Albany, May l, 1812.
Sir: I presume the Detachment directed by General Orders
of the second of April must be ready to move. You will, there-
fore, please to assign two Majors, one from Oneida and the
other from Jefferson or Lewis County, who together with Col.
Bellinger of the Herkimer Brigade, will form the field officers
of the Detachment. The senior Lieutenant Colonel of the
Herkimer Brigade is, in consequence of your advancement to
the Command of the Division, commandant of that Brigade &
will be appointed a Brigadier General in about a fortnight, and
the Command of a Regiment will in a short time be beneath his
rank.
The Regimental staff will be selected by Lt. Col Bellinger &
are to proceed with the Troops to their station. You will
direct the several Brigade Detachments to Rendezvous at the
places appointed for that purpose, and from thence to proceed
in such numbers in a body as may be most convenient. You
will direct Lt. Col. Bellinger to transmit without delay after
the troops are concentrated, a correct muster Roll and Inspec-
tion Return and to report to me weekly, the occurences in the
I
582 ANNUAL REPORT OF THE
Detachment which may be worthy of notice. The Troops will
be embodied and stationed at such place near the Black River
as may have been selected & provided by the Quarter Master
General, and for the purpose of seasonably ascertaining the
place and of notifying the several sections of the Detachment
thereof as they may arrive at Martinsburg Lowville or Water-
town, Lt. Col. Bellinger ought to dispatch the Quarter Master
whom he shall select for the Detachment or some other staff
officer, to confer with the Quarter Master General or his Agentr
who is at or near the mouth of Black River making preparations
to receive them.
The Troops are to be considered in the service of the United
States from the moment of their arrival at the respective places
of rendezvous, and will from that time receive the pay & rations
of Regular Troops & be subject to the Rules and Articles of
War, which ought to be read on parade or such parts thereof
as may affect the non-commissioned officers, musicians and pri-
vates, immediately after their encampment, and weekly, there-
after, & at least one copy thereof left at the guard House or
other proper place to which there may be access at all times.
In the muster Roll and Inspection Return, the Lt. Ool. will'
distinguish the Volunteers under the act of the sixth of Febru-
ary last, that it may be known to whom the provisions and
advantages of that act are to apply & to whom not. The Quotas
of the Detachment from Herkimer & Oneida Counties, who may
be unsupplied with accoutrements, ought to proceed to the
Arsenal at Rome and be supplied there with muskets, and other
accoutrements in which they may be deficient, together witto
twenty-four cartridges for each man. Lt. Col. Bellinger must
attend for the purpose of superintending the supply & of giving-
STATE HISTORIAN. 583
a Receipt or Certificate to Mr. Hathaway for the articles
received. The Residue of the Detachment will be provided with
the articles of which they may be deficient, from the Arsenal at
Watertown, Jefferson County, in the same manner.
Herewith you will receive a letter directed to the superin-
tendents of the respective Arsenals to comply with the demands
which Lt. Col. Bellinger may make upon them for Arms,
accoutrements and ammunition.
You will please to enjoin upon the officers and soldiers to
conduct in a conciliatory, orderly & respectful manner towards
the Inhabitants on the route of their march and at the place of
their encampment. By the time of their arrival and encamp-
ment Lt. Col. Bellinger will receive further orders and Instruc-
tions as to the nature of the duties the Detachment is to per-
form, and to enable me to communicate them to him the more
expeditiously he must leave at Herkimer, an officer non-com-
missioned officer or private in whom he can confide to wait &
receive dispatches from me & then convey them to him imme-
diately. You will please to advise me how to direct to such
messenger, so that he will receive my communications without
any delay at Herkimer.
Major Genl. Widrig.
COLONEL BELLINGER ASSIGNED TO COMMAND THE BLACK RIVER
DETACHMENT AND RECEIVES HIS ORDERS.
Albany, May 2, 1812.
Sir: I have thought proper to assign you as Lt. Col. Com-
mandant of the Regiment Detached from Genl. Widrig's Divis-
ion, pursuant to General Orders the second day of April last.
584 ANNUAL REPORT OF THE
You will, therefore, repair to Genl. Widrig's without delay and
receive his instructions. My instructions to Genl. Widrig of
which you will take a copy, contain all that is requisite to be
communicated to you at present, except my authorizing you,
if the Contractor shall not have made provision to supply the
troops with rations at their respective places of Rendezvous &
from thence to the place of encampment,, you are authorized to
do it at the contract price (14 cents per ration). I will further
remark, that the Arms &c which may be taken from the
respective Arsenals must be returned there before your Regi-
ment shall be disbanded, and that you will stand responsible
for any wilful or culpable neglect by which any part of them
shall be destroyed or taken away.
Lt. Col. Chr. C. Bellinger.
AUGUSTUS PORTER, OP NIAGARA COUNTY, RECOMMENDED BY THE
GOVERNOR TO THE PRESIDENT FOR INDIAN AGENT.
Albany, May 2, 1812.
Sir : The proprietors of the preemptive right to the reserved
lands of the Seneca Nation of Indians in the westerly part of
this State are about to hold a Treaty with the natives for the
extinguishment of their claim to those lands. By the conven-
tion of 1786 between the States of Massachusetts and New
York, it is provided amongst other things that all treaties to
be held by the Grantees of the preemptive right with the native
Indians, shall be held in the presence and with the approbation
of an Agent Appointed by the Government of the United States;
and I am desired to request the appointment of such agent to
attend the contemplated Treaty.
STATE HISTORIAN. 585
Augustus Porter, first Judge of Niagara County, is a man of
intelligence and great respectability in whose integrity &
patriotism the utmost confidence may be placed. I, therefore,
take the liberty of recommending him as a suitable person for
the said agency.
The Honbl. James Monroe.
THE GOVERNOR CENSURES SILVANUS MILLER FOR FLAGRANT BREACH
OF FAITH.
Albany, May 2, 1812.
Sir: I have just reed, yours of the 30th of April, in which
you allude to the publication of a certain letter and say " that
you trust no other use has been made of the confidence I reposed
in you with respect to it than what was fully authorized."
You surely have not forgotten already that when you & Mr.
Van Wyck urged & even entreated me to permit the Committee
which was going to Suffolk & Queens the next morning to shew
my letter to some person there, you avowed the object to be to
counteract an erroneous impression which prevailed amongst
some of our mutual friends there that the nominations in Kings
and Richmond, were deemed irregular by me or that I disap-
proved of them or something to that effect, and that the dele-
gates of Suffolk had probably acted in part under that impres-
sion. I stated to yon frankly that my uniform opinion had
been, that those were the regular nominations for Senators but
that the Congressional and Assembly tickets named by the
General Committee at Mr. Martling's were, in my opinion, the
regular nominations for the City of New York, but at the same
time you were explicitly assured of my repugnance to become
586 • AJ&UAL KEPORT OP THE
involved in the controversies about regular nominations in the
Southern District, as I disapproved in part the conduct of both
parties; that I was apprehensive some improper use might be
made of my name if any letter of mine should be shewn or that
it would find its way into the Newspapers, to my mortification
and injury. You each pledged your honor that no such thing
was intended — that the letter should in no event be published,
but would be shewn solely to a few friends in Suffolk and Queens
for the purpose above mentioned, and you well know that but
for that pledge I should never have yielded to your request.
I have this day seen a " Columbian " in which the most
illiberal and harsh epithets with respect to one section of the
Republican party in New York are alledged to have been used
by me in a Confidential letter addressed to Col. Rutgers. As
I do not recollect to have communicated the precise extent of
that letter to any persons except to yourself & Mr. Van Wyck
on the above mentioned occasion, it would seem the information
of Mr. Holt* must have been derived from one of you. Besides
the breach of faith in communicating them, the contents of the
letter are unfairly and untruly detailed, & perfidiously used.
What desirable purpose other than the petty gratification of
placing adversaries in an awkward situation, of wounding my
feelings, or of creating personal enemies could have been
expected to be answered by the paragraph in question, I have
not sufficient penetration to discover.
But to return to the letter. It was written in a frank
unguarded style; and the assurances of two of my classmates
in College, and my bosom friends from youth, that no publica-
tion in the papers or other unkind disposition of it should take
* Charles Holt, fras editor of the Columbian.
STATE HISTORIAN. 587
place, prevailed upon me to allow the letter to be used for the
purpose before mentioned, and it was accordingly committed to
jour discretion. Under such circumstances you can form a
tolerable idea of my astonishment and indignation at finding
myself betrayed by the publication of the letter in the Long
Island & New York papers, in totidem verties, when too you
knew I was. absent and unable to give any explanation. Nay
your now loving friend, and my uniform abuser Mr. Rose, in
addition to the publication of the letter, is made the organ of
communicating to the public the further galling fact, that the
original was publicly hawking about and submitted to the
Inspection of the curious at the room of a general Committee
of which Committee, I understand Mr. Miller and Mr. Van
Wyck were members.
With these facts before me, I should violate the sincerity with
which I have ever dealt with you, were I not to declare explicitly
that in the use which has been made of that letter, there has
been an unwarrantable and treacherous breach of confidence
some where; and it is equally due to candor to avow, that,
although I shall not question your sincerity in hoping I shall
not be denounced for the publication of the letter in these days
of anarchy and distraction, which you seem to anticipate, yet
it remains to be explained why the expectation that it would
ensure my denunciation should not have had some influence on
the minds of honorable and real friends, to withold the extra-
ordinary and ungenerous use which has been made of that
letter.
Silvanns Miller, Esqr.*
*Sylvanus Miller, Surrogate of New York, 1801-07, Member of Assembly, 1808.-STATB
HISTORIAN.
588 ANNUAL REPORT OP THE
IN REI APPLICATIONS FOR THE ARMY.
Albany, May 4, 1812.
Dear Sir: By a letter to the Secretary of War under date
of the 18th of December last I took the liberty of recommending
Mr. Jason Rudes of this place for a Captaincy in the Army.
Should it be in your power to advance his appointment I have
no doubt it will be satisfactory & that he will do justice to your
expectations.
Genl. German, Washington.
Albany, May 4, 1812.
Dear Sir: By a letter addressed to the Secretary of War
bearing date the 18th day of December last Mr. Jason Rudes,
of the City was recommended by me for a Captain in the Army.
Mr. Rudes is brother-in-law to Mr. J. Stafford, of this City and
is well qualified for the appointment. I take the liberty of
recommending him to your notice and support for the aforesaid
appointment.
The Honble. H. Bleecker.
Albany, May 7, 1812.
Sir: Mr. Cornelius Hertell, of this City, is desireous of
obtaining a station in the Quarter Masters Department of the
United States Army. He is a Gentleman of intelligence, of
respectable connections' & standing, & fully qualified for the
duties of Barrack Master or other station in the said Depart-
ment and I, therefore, cordially recommend him to the notice &
patronage of Government accordingly.
The Honbl. William Eustis.
STATE HISTORIAN. 589
THE OFFER OF THE IIKITMLICAN GREENS ACCEPTED ]:v TIIK
PRESIDEXT.
Albany, May 8, 1812.
D'r Sir: I have the honor to enclose you a copy of a letter
from the Secretary of War announcing the President's accept-
ance of the services of the Republican Green Rifle Company.
Captn. James Maher.
GENERAL MORTON REBUKED FOR THE TARDY CALL TO DUTY OF THH3
ARTILLERY OF HIS COMMAND ORDERED TO THE FORTS AT THB
NARROWS.
Albany, May 9, 1812.
Sir: The 450 Artillerists who by orders of the 21st April are
directed to be detached from the first brigade of artillery, are
-expressly intended, and so declared to be by my instructions
from the President, for the protection and defence of the
harbour of New York and for that purpose they are to report
themselves to the Commanding officer in that harbour & to
•Garrison the works there. You are, therefore at liberty to
inculcate upon the Artillery of your Brigade that impression,
-& to give assurances to the officers and soldiers of the six com-
panies accordingly. I shall expect no further delay in organ-
izing that Detachment. Indeed I am ashamed of the delay
which has already happened, & have written to the Secretary
that I had no doubt before Tuesday last, the New York Detach-
ment of Artillery had been reported to the Commanding officer
in the harbour.
Genl. Morton.
690 ANNUAL KEPORT OP THE
CAPTAIN JOHN JAMES THANKED BY THE GOVERNOR FOR HI»
PATRIOTIC TENDER.
Albany, May 9, 1812.
Sir: Your communication, conveying the patriotic offer of
the services of yourself and of the subalterns & soldiers of the
company of cavalry under your command has been duly received.
Their offer is gratefully accepted and will be borne in mind when
the situation of our Country may require her brave sons to-
repair to the Field. I beg you to receive for yourself and ta
convey to the rest of the Corps an assurance of my high sence
of the patriotism and gallantry of their conduct.
There are two acts of Congress under which military corps may
volunteer, and that it may be the more accurately ascertained
of which description the company under your command is to be
regarded, I have taken the liberty of forwarding to you a printed
copy of each act with the forms of volunteering under them,,
that the one preferred by the Company may be subscribed; and
one copy, thereof, be transmitted to your Lieut. Col. of Cavalry,,
and the other forwarded to me accompanied by an Inspection
Return of the company.
Captn. John James.
MR. BALL ASPIRES TO BE A MIDSHIPMAN.
Albany, May 9, 1812.
Sir: Mr. Eliphalet Ball, of this City, aged about twenty
years, is desirous of entering the Navy as a midshipman. The
assurances I have received from the Gentleman with whom he ha&
lived for three years past, and from others of the first respecta-
bility in this City, are such as induce me cordially to recommend
STATE HISTORIAN. 591
Mr. Ball as an intelligent, industrious & moral young Gentle-
man of more than ordinary ability and well qualified for the
station which he solicits.
The Honbl. Paul Hamilton.
BLANKS AND RETURNS FOR THE TROOPS.
Albany, May 9, 1812.
Dear Sir: Enclosed is a letter from the Brigade Major of
Onondaga County, apprising me of his removal to the Town of
Hector, in Seneca County & an additional General Order. I
think we have already concluded to forward to each Brigadier
not only a blank annual Return for the Brigadier, but also
blanks for the use of the respective Commandants of the Regi-
ment's & Companies within the Brigade. Several of the officers
have requested that such returns might be furnished and if we
should not have determined to do so I will thank you to let me
know whether in your opinion it may not with propriety be done.
It is probable I shall not be in New York before the meeting
of the Legislature.
Genl. Paulding.
THE GOVERNO'R SUBMITS A LIST OF NAMES FOR THE PRESIDENT TO
SELECT A UNITED STATES DISTRICT COURT JUDGE.
Albany, May 10, 1812.
Sir: I have received your letter of the first Instant and beg
leave to premise the answer to its contents with an apology for
the intimation contained in my letter in 1811. It was then
rumored that a vacancy in the office of District Judge was about
to take place & certain candidates were mentioned as likely to
592 ANNUAL REPORT OF THE
be the prominent ones, in whose talents & integrity, the Com-
munity had not in my opinion as much confidence as they had
in those of other persons who might be named; and my wish to
prevent an unsuitable appointment and not desire to interfere
in the selection from an eligible and unexceptionable list of
Candidates prompted the suggestion contained in my former
letter.
Mr. Lawrence & Mr. Ferguson whom you mention, are men
whose talents and integrity may be relied upon are, therefore,
respectable Candidates for the office. In addition to their
names, but not in opposition to them, I will mention the names
of Matthias B. Hildreth, Attorney Genl of this State, Nathan
Williams, of Utica, Roger Skinner, of Washington County, John
Woodworth and John Champlin, of Albany, Jonathan Fisk, of
Orange County, William Paulding, Junior, Peter Jay Munro,
Charles Baldwin & Gabriel Y. Ludlow of the City of New York.
Out of the eleven Gentlemen above mentioned I do not think
an injudicious appointment can be made.*
I will barely mention further, that as I may have omitted
names in the above list which, had they occurred to my recollec-
tion, I should chearfully have included, it is my wish that you
should consider this communication as intended for your own
and the President's eye only.
The Honbl. Albert Gallatin.
ADDITIONAL ATTRACTIONS HELD OUT FOR VOLUNTEERS.
Albany, May 11, 1812.
D'r Sir: Since writing my letter informing you that I am
authorized to allow two months pay in advance, and sixteen
* The president ignored this list. May 27, 1812, William P. Van Ness of New York City
was appointed Judge of the District Court of the United States— STATE HISTORIAN.
STATE HISTORIAN.
593
Dollars for cloathing. I have examined the Secretary's letter
& find that the advance for cloathing is only to be made to the
volunteers under the Act of which a copy is enclosed. It will,
therefore, be necessary that the Commandant of each Detach-
ment, should certify those who are volunteers, that it may be
known to whom the sixteen Dollars are to be advanced in addi-
tion to their pay. The others will be entitled to pay for cloath-
ing according the time they may serve but not in advance. Per-
haps the whole will now sign as volunteers considering the
advantages of that act.
Col. Bellinger.
A copy addressed to " General Porter " and one other copy
addressed to Lt. Col. Fleming.
ANOTHER, LIST OF MILITARY APPLICATIONS^.
Albany, May 11, 1812.
Sir: I beg leave to recommend Mr. Elam Lynde, of Guilder-
land, in this County for a Captaincy in the Army. He is intelli-
gent & patriotic and possesses Military qualities which he has
•displayed in an uniform Company at Troy of which he was Com-
mandant. His moral character also is good.
Lewis Clark, attached to the Artillery Company of this City is
an active, intelligent man of sound moral and political character,
& would make a valuable subaltern officer & I recommend him
accordingly.
Mr. Martin Nash, of Madrid on the River St. Lawrence, solicits
the office of Captain in the army. He is now entitled to a
majority in the Militia on the River St. Lawrence. He is recom-
mended to me by Alexander Richards, Esqr., the Collector of
38
I
594 ANNUAL REPORT OF THE
that District as a man of ambition & spirit, who is some
acquainted in Upper & Lower Canada and may be of advantage
in case of War to the service & that he would make a good and
faithful officer.
Dr. Jonathan Johnson, of Guilderland, in this County solicits
the appointment of Surgeon or Surgeon's mate. He is recom-
mended by the first professional men in this City as a regularly
bred Physician & Surgeon, a member of the medical society of
this City & of an unimpeachable character. He is, moreover,
attached to the Government & Administration of his Country &
is doubtless qualified for the station to which he aspires.
Mr. Jesse Shotwell, of St. Lawrence County, applies for a
Lieutenancy & is recommended by Alex Richards, the Collector,,
as one who will make a vigilant & useful officer.
The recommendations of Zeba Clark & Morris Randall, are
enclosed. The Gentlemen who recommend the former are Judge
Cook, a member of Congress from this State & Mr. Cantine the
District Attorney. Mr. Clark I have no doubt is a suitable char-
acter in every respect for the office which he seeks. The sub-
scribers to Mr. Randall's Credentials are principally men of high
respectability in this place. Mr. Randall will be at Randalls^
— Haerlem, near New York during the summer.
Simon Van Ranken, of Albany desires a subaltern's appoint-
ment. He served as a student of law in the office of John Wood-
worth, Esqr., who certifies to me that he conducted himself
with propriety, that he has had the advantages of liberal educa-
tion and is of good moral character.
Mr. John Yatman, of Florida, Montgomery County, is recom-
mended to me by Captn. Matchin, whose character you know, for
a Lieutenant in the Army. Captain Matchin says " he has
STATE HISTORIAN. 595
always found Mr. Yatman a steady active & firm friend & sup-
porter of the Republican cause, & if his services should be
wanted, is fully convinced that he will merit the approbation of
his Country and Government."
Mr. Teunis Cooper, of Schodack, in Rensselaer County, has
desired me to recommend him as surgeon's mate. He has not
been regularly admitted to practice but has pursued the study
of Physic & Surgery for several years, has been industrious &
made reputable progress in his studies and sustains an unim-
peachable moral* character.
The Honbl. William Eustis.
CAPTAIN MULHOLLAND'S ARTILLERY COMPANY'S OFFER ACCEPTED.
Albany, May 11, 1812.
Sir: I have the satisfaction to acknowledge the receipt of
your letter under date of the fifth instant communicating1 the
tender of the services of the officers and soldiers composing the
company of Artillery under your Command. The patriotic offer
is cheerfully accepted and will be recollected when the defence
of our Country shall render it necessary to avail the state of
their generous services.
You will please to accept for yourself and to convey to the
other members of the company my high sense of their patriotism
and military spirit.
Captn. Daniel Mulholland.
APPLICATIONS FOR THE NAVY.
Albany, May 11, 1812.
Sir: Captain William Billings & Joseph I). Jenkins, are desire-
ous of obtaining appointments in the Navy with a view to have
596 ANNUAL REPORT OF THE
a Command on the Lakes in the event of War. The Credentials
of Captn. Billings are enclosed. The names subscribed to his
recommendation are those of the principal Republican Inhabi-
tants of the town of Canaan in Columbia County where he
resides and are mostly respectable.
Mr. Jenkins I know personally. He is a good sailor and an
active intelligent man well qualified for the Command of which
he aims.
Will you pardon me for mentioning here the recommendation
of Master Wynkoop of this City for Midshipman, which I had
the honor of forwarding a few weeks back & for repeating the
assurance that he is a very intelligent, handsome youth and is
extremely anxious for an opportunity to distinguish himself in
the service of his Country.
The Honbl. Paul Hamilton.
THE GOVERNOR INFORMS MR. WILLIAMS THAT HIS NAME HAS BE'EN
SENT TO THE PRESIDENT AS CANDIDATE FOR THE UNITED STATES
JUDGESHIP.
Albany, May 11, 1812.
Dear Sir: I am this moment honored with your letter of
.yesterday, and in reply thereto, observe that I had previously
transmitted a letter to Washington in which I had taken the
liberty of mentioning yourself, amongst others, as a suitable
candidate in point of talents integrity & standing for the office
of District Judge.
Nathan Williams, Esqr.
STATE HISTORIAN.
MR. HOLT INFORMED THAT DESPATCHES FOR COLONEL BET. 1. 1 \< . ! :i:
ARE TO BE ADDRESSED TO HOLT.
Albany, May 11, 1812.
Sir: I am advised by Lt. Col. Billinger, whom I have assigned
to Command a Detachment of Militia destined for the Black
River Country, to address dispatches for him to you. Accord-
ingly, the enclosed letter has been put under your address &
four copies of the Rules and articles of War for his use are
likewise directed to you by this mail.
David Holt, Esqr.
Albany, May 11, 1812.
Dear Sir: By the mail which conveys this letter, I have for-
warded under cover to David Holt, Esqr., four printed copies
of the Rules and Articles of War for the use of the Detachment
which you are to Command. I am also authorized by the Presi-
dent, to pay each noncommissioned officer, musician & soldier
of the Detachment sixteen Dollars in advance for cloathing &
two months pay. I will thank you to inform me immediately
whether this can be best done before the Detachment depart
from home, or whether it be better that I send the pay to the
place of encampment to be advanced to them there.
Lt. Col. Christopher P. Bellinger.
THE GOVERNOR SUMMONS THE COUNCIL OF APPOINTMENT TO MEET
AT HIS HOUSE IN ALBANY, ON MONDAY, MAY 18, 1812.
Albany, May 11, 1812.
Gentlemen: There was an understanding before we sepa-
rated that the Council ought to meet previously to the assem-
blage of the Legislature, to dispatch the necessary appoint-
598 ANJTUAL REPORT OP THE
merits before the business of Legislation should engross the
attention of the Members of the Council. I have, therefore,
thought proper to convene the Council of Appointment at my
house in the City of Albany on Monday, the 18th of May,*
Instant, at eleven o'clock in the forenoon at which time & place
you are requested to attend.
The Honbl. Wm. W. Gilbert, [New York] the Honbl. Johannes
Bruyn, [Ulster] the Honbl. Henry Yates, Junr. [Schenec-
tady] the Honbl. Francis A. Bloodgood, [Oneida].
TO PETER B. PORTER CONCERNING THE CONDITIONS ALONG THE
FRONTIER.
Albany, May 12, 1812.
Sir: I am this day honored with your letter of the 5th of May
.£ approve of your determination, of placing barracks for 150
men on the public ground at Black Rock on a permanent plan.
Indeed should you extend them so as to accomodate 300 men I
should think it best. Let the Roofs be made of good and dur-
able materials & the siding of the best stuff that can be got so
that they may, hereafter, be converted into Winter barracks.
Being apprised of Captn. Leonard's probable unwillingness to
admit the Detachment into Fort Niagara or to surrender the
command to an officer of superior grade, I addressed the Secre-
tary of War upon the subject. By the course of the mail I
ought to have received his answer last night. Should it be
received this evening or tomorrow I shall forward it immedi-
ately. It is likely Instructions have in the mean time gone to
Captn. Leonard by an other route.
*The legislature which the governor had prorogued March 27, 1812, reconvened at
Albany on Thursday, May 21.— STATE HISTORIAN.
STATE HISTORIAN.
As far as I have yet been able to learn from Genl. Dearborn,
& others the object for which those troops were detached, I
find that the Execution of the Embargo did not enter into the
views of Gov't. but that under an apprehension of war the
Members of Congress from this State had requested that the
Frontier thereof should be seasonably protected by an advanced
corps of the Militia. This looks probable when it is considered
that 600 men were ordered to Niagara where there were troops
enough already for Embargo purposes & eight hundred to Black
Hiver, (to protect our friend Stow). At the latter place, a
Detachment of eight hundred men was unnecessary to execute
the Embargo laws, & it appears to me much less useful for the
purposes of defence & protection than they would be if stationed
towards Ogdensburgh and St. Regis & at Oswego.
By the same letter in which the Secretary is desired to give
•directions to Captn. Leonard for the admission of the Troops, I
Tiave cfesired him to make me acquainted with the precise objects
of the Detachments & with the duties which they are to perform,
so that orders & Instructions upon that head may be issued.
Until I receive and communicate such Instructions, the atten-
tion of the Detachment will be devoted to discipline & the im-
provement of. these places of accomodation parade ground &c.
The President has authorised me to advance two months pay
to the Detachment of sixteen Dollars in advance for cloathing.
But the money has not been remitted for the purpose, tho' an
authority is given me to draw on the War Department. That
matter will be adjusted in the course of a week when I shall
send on the necessary funds. In the mean time, should there be
any advances to the above mentioned extent indispensible for
the accomodation of any members of the Detachment, you can
600 ANNUAL REPORT OF THE
»
make advances & refund yourself out of the remittance for pay
& cloathing.
The Honbl. Peter B. Porter.
TWO NEW BATTALIONS OF ARTILLERY WITH THE NAMES OF THE
COMMANDING OFFICERS SUGGESTED BY THE GOVERNOR TO
GENERAL STEVENS.
Albany, May 12, 1812.
D'r Sir: Purusant to General Orders, the artillery to be
detached from the second & third brigades of Artillery, are to be
organized into two Battalions* the Commandants, of which are
to be assigned by you. I am desireous of announcing the organi-
zation of that Regiment so far as relates to the Field & staff
officers, & for that reason wish to be informed immediately
whom you will assign as Majors that I may complete the organi-
zation. The list of your Majors in those two Brigades out whom
the selection is to be made follows.
Samuel Slee of Poughkeepsie, Dutchess Co, John Kerr, of
Orange Co, Majors of Myer's Regt.
Samuel Hamilton, of Greene Co, William Dixon, of Albany Cor
Majors of Watkins's Reg't.
Oovert,f of Essex Co, one vacant, Thome's Regiment.
Peter C. Fox, of Montgy. Co, John Veeder, do Teller's Regi-
ment.
[Joseph] French, Herkimer Co, Walter Grieve, Ontario,
Majors of the Regiment lately commanded by Gen'l. Kirkland.
I have concluded to assign Stephen Thome, of Washington
County near Lake Champlain, Lt. Col. Commandant of the
* Military Papers of Daniel D. Tompkins, Vol. I, pp. 319-321.
t Levi Cooley, first major of lieutenant colonel Stephen Thorn's regiment.
STATE HISTORIAN. 601
Detached Regiment of Artillery and, therefore, to distribute the
Field officers equitably; one of the Majors ought to come from
the south of Albany & the other from the West. Major Kerr, of
Orange County is extremely intemperate & unfit for the Com-
mand as I am informed. Major Slee of Poughkeepsie is an intel-
ligent active and able officer. The two Majors of Watkins'
Regiment were recently promoted from Captains of short stand-
ing in consequence of the formation of a new regiment. As the
Lieutenant Col is taken from the Northern Regiment, which
leaves but one Field officer, (Major Covert)* in that Regiment, I
presume it will not be expedient to take him. Major French, of
Herkimer will be appointed a Lieutenant Colonel next week,
instead of Col, Kirkland, who is appointed a Brigadier General
& Major Green of Ontario will probably be appointed Lt. Col.
Commandant of a new Regiment, to be formed of the Artillery
Companies West of Utica. Majors Fox & Yeeder are the only
Majors West of Albany who will probably accept. They are
both respectable men. Fox is the senior and inherits good fight-
ing blood. His father distinguished himself at Oriskany and on
the Mohawk in the Revolution. Major Fox was assigned as a
Major in both the former Detachments of Artillery. Upon the
whole it appears to me that Peter C. Fox from the West &
Major Samuel Slee from the South will be the most eligible
selection. But I wish you to regard this as nothing more than
an opinion of an individual which is not to control or influence
you against your own judgment in the choise of the two Majors.
You have the list before you, with the remarks upon it and will
please to make an assignment of any two of them you think
proper & advise me of it by mail as soon as possible.
* See page 600.
»
602 ANNUAL REPORT OF THE
The Quota from the first Brigade, including New York, Long:
Island, Staten Island & Westchester County is already organized
into two Battalions, under Majors Swartwout & Bleecker.
Major Genl. E. Stevens.
THE GOVERNOR PUTS A FEW MILITARY QUESTIONS TO MR. SECRETARY
EUSTIS.
Albany, May 13, 1812.
Sir : By the mail of last evening I was honored with your com-
munication of the 8th instant accompanied by remittances from
the Treasurer & Pay Master amounting to fifty thousand Dol-
lars.
I extremely regret the necessity of troubling you again at a
time of so much pressure upon your Department but the amount
of the remittance, and the responsibility attached to its- expendi-
ture, will I hope plead my apology for soliciting an early answer
to the following enquiries.
1. Does the authority contained in your letter of May 3d
extend to the advance of two months pay to officers and of all
non commissioned officers and privates whether volunteers or
not? And is subsistence of officers for two months in advance
to be included?
2d. Is the advance of Sixteen dollars for cloathing to be con-
fined to volunteers under the act of the 6th day of February
last, or to be extended to volunteers for the detachment gen-
erally?
3d. Is that portion of the Detachment which may not be enti-
tled to an advance of sixteen dollars on account of cloathing, to
receive an allowance in advance for two months cloathing as
well as two months pay?
4. Is the act of IB March 1802, the only one by which the pay
& cloathing are in this instance to be calculated, and are the
STATE HISTORIAN.
602
rules and regulations ordained in the War Department previ-
ously to 1st Deer. 1807, relative to quarters fuel, straw, trans-
portation of baggage, stationary, and the employment of Physi-
cians, &c the only regulations upon those subjects now existing?
5. Are not the Commandants of the respective detachments,,
inasmuch as they command seperate and independent posts, to-
be allowed double rations in their accounts for subsistence?
6. As a large sum in small bills must be conveyed from
Albany to the frontiers for the purpose of paying the detach-
ments will, a suitable compensation for, and the expenses of a
respectable, trustworthy and responsible person, to be sent
from this place wilh the money, be allowed in the setl lenient of
my account as a necessary contingent disbursement?
7. Are the commandants- of the detachments intended to be
invested with authority to appoint General Courts Martial,
according to the 65th article, or with power merely to institute
Regimental and Garrison Court Martial under the 66th article
or neither?
Could the forms of Muster Rolls, Pay Rolls, accounts for sub-
sistence, forage, and all other allowances, as they are required to
be rendered to the War Department, be sent on it would greatly
oblige the officers & facilitate the ultimate settlement of my
accounts.
The Honbl. William Eustis.
RELATIVE TO PAY, SUBSISTENCE, FORAGE AND CLOTHING OP TROOPS.
Albany, May 13, 1812.
Sir: Your communication under date of the 8th Inst covering
a remittance of 30,000 dollars on acct of the pay subsistence,
forage & cloathing of Militia is received, for which duplicate
receipts are enclosed.
I
604 ANNUAL REPORT OP THE
The distribution of that sum under the several heads of Pay,
subsistence, forage & cloathing, which I have subjoined to the
receipt is, & must needs be, arbitrary, for I am not yet advised
what proportion of the troops in service are volunteers, under
the act of the sixth day of Feby last, authorising the President
to accept and organize certain volunteer Military Corps; and as
I understand the Instructions from the War Department, the
advance of sixteen dollars on account of cloathing is restricted
to volunteers under the last mentioned act.
The receipt which I have signed, is for pay &c of Militia under
the authority of the Act of Congress, passed the 10th day of
April 1812. If it be a material circumstance, it ought to be
known to you that the Militia for whose pay &c the remittance
is made were ordered into service in March before the passage
of the act to which the receipt refers.
Your former indulgence emboldens me to ask for information
upon one point, namely; Whether the account for Subsistence
is to be confined to the subsistence of the officers only, or
whether, the contingent expences of supplying the Troops with
Rations, accomodations &c on their march from the Rendezvous
to the places of their encampment are also to be considered as
appertaining to the subsistence account.
Robert Brent, Esqr.
Copy of the Receipt.
Received of Robert Brent, Pay Master of the Army, of the United States this 13th
day of May 1812 at Albany in the State of New York the sum of thirty thousand
dollars on account of the pay, subsistence forage & allowance for clothing of the
Militia under authority of the Act of Congress of the 10th of April 1812 for which sum
I am accountable having signed duplicates thereof.
Daniel D. Tompkins.
Pay $20,000
Subsistence 1,000
Forage 500
Clothing 8,500
$30,000
STATI: 1 1 ISK.KIAX. r,u."i
THE GOVERNOR SUPPLIES GE7NBRAL 1'nKTKK WITH INFoKMATIuX AND
THE ARTiri.KS <>F WAR.
Albany, May 13, 1812.
D'r Sir: I send you the original of a letter received this day
from the Secretary of War, which I will thank you to return
to me after the object of giving you the original is accomplished.
You will see that Captain Leonard is authorized to receive the
Troops or such part of them as may be necessary for the Fort
and will surrender Command to Col. Swift if required. You will
observe further, that the object of the Detachment was pro-
tection & defence and not the enforcement of the Embargo
law — that no offensive operations are expected from them, and,
altho it is obscurely expressed, that the advance of sixteen
dollars on account of cloathing &c mentioned in my letter of
yesterday is to be confined to volunteers under the act of Feby
6th.
I have this day received the remittance mentioned in his
letter & will forward the money as soon as I can get an answer
to my enquiries contained in a letter, which I have this day
addressed to the Secretary. After perusing the Secretary's
letter of May 3d & that of May 8th, which are enclosed, I am
perfectly at a loss whether any pay or cloathing is to be
advanced provided there be no volunteers under the Act of
February 6th. The Secretary's answer to my questions will be
reed by the time Col.' Swift shall arrive here to attend the
Senate, & I will send him immediately back with the Money and
Instructions for its distribution.
Thinking that you ought to have the Rules and Articles of
War and the Regulations of the War office, I have sent you two
copies by the same mail which conveys this letter.
606 ANNUAL REPORT OF THE
As the troops have nothing to do but guard against invasion,
no further directions from me are necessary at present. I will,
therefore, barely repeat an injunction that they be industriously
.& assiduously trained & disciplined and place their barracks,
parade-ground & other accomodations in perfect order. Per-
haps I shall take a look at them in person before the middle of
June. Please to present mine & Mrs. Tompkins affectionate
regards to your brother and his amiable wife.
General P. B. Porter.
THE GOVERNOR ACKNOWLEDGES THE RECEIPT OF $20,000 FROM THE
GOVERNMENT.
Albany, May 13, 1812.
Sir: Your letter of the 8th has been received and also a com-
munication from the Treasurer covering a remittance of 20,000
dollars on account of " Expenditures for the Militia." In addi-
tion to the receipt which is enclosed for your office I have for-
warded a receipt to the Treasurer.
William Simmons Esqr.
(Copy)
I acknowledge to have received a draft of the Treasurer of the United States No. 4378
on the Cashier of the Manhattan Company, New York for twenty Thousand Dollars
payable to my order; being to meet "expenditures for the Militia" for which sum a
receipt or acknowledgment has also been transmitted to the Treasurer of the United
States.
Albany May 13th 1812.
Daniel D. Tompkins.
To William Simmons, Esquire
Accountant of the War Depar't
MAKES FORMAL ACKNOWLEDGMENT TO THE TREASURER OF THE
UNITED STATES.
Albany, May 13, 1812.
Sir: I have to acknowledge the receipt of your Draft No. 4378
on Samuel Flewwelling, Esqr, Cashier of the Manhattan Com-
STATE HISTORIAN. 607
pany New York, for Twenty thousand Dollars, payable to my
order being to meet " expenditures for the Militia," for which
£um I have also transmitted a receipt or acknowledgment to the
-accountant of the War Department.
Th. T Tucker, Esqr., Treasurer of the U. S.
A CONFUSION IN THE NAME OF DONNELLY.
Albany, May 13, 1812.
Sir: Since writing yesterday relative to the mistake in the
name of Mr. Donnelly, I am informed (by an uncle of John C.
Donnelly) that Peter Donnelly, Junior, a cousin of John C, was
recommended by Mr. Southwick as a Lieutenant, and it is, there-
fore, possible that Peter Donnelly, Junior was intended. Prob-
ably Genl. German can explain the business. The appointment
-which has come on is for Thos. Donnelly.
The Honbl. Wm. Eustis.
DR. JOSEPH ELY RECOMMENDED AS AN ARMY SURGEON.
Albany, May 14, 1812.
D'r Sir: By the mail of this day a recommendation is for-
warded to you for the appointment of Dr. Joseph Ely, Surgeon
in the Army. I am not personally acquainted with Dr. Ely and
can, therefore, only say in compliance with his request, that
some of the subscribers to his recommendation, including Judge
Burr, Major Depuy & others of Onondaga County, are respect-
able persons, whose assurances are entitled to confidence. As
Dr. Ely resided a number of years in Montgomery County it is
608 ANNUAL KEPORT OF THE
probable you are acquainted with his moral & professional char-
acter.
The Honbl. Mr. Sammons.*
LIETJVTEINANT-OOLONEJL, BELLINGER IN COMMAND OF THE DETACHMENT
OF OBSERVATION.
Albany, May 14, 1812.
D r Sir: I last night received your letter accepting the Com-
mand of the Black River Detachment. The troops of whom you
have the command are neither intended to enforce the Embargo
Act nor to pursue any offensive operations, but are merely an
advanced corps to defend & protect the Frontiers from Invasion.
This object is repeated in a Communication from the War
Department received by me last night. Of course the only duty
the troops will have to perform until Invasion may happen, or
further orders be received is to improve themselves diligently
in discipline, tactics & the police of a Camp & in rendering their
quarters, parade ground & other accomodations as convenient
and perfect as possible.
You are at liberty to send on the troops in such small squads
or sections and at such different times as you think proper, so
that they may obtain accomodations on the road, taking care
that some officer go on as I suggested before to have them com-
fortably received and accomodated on their Arrival. You are
at liberty further to seperate the Detachment into two or three
parcels if houses, barracks, huts, tents, or other accomodations
* Thomas Sammons was born in Montgomery County, New York; received a public-
school education; served as an officer in the Revolutionary war; elected a representative
from New York in the Eighth Congress as a Democrat; re-elected to the Ninth Con-
gress, serving from October 17, 1803, to March 3, 1807; defeated as the Democratic can-
didate for the Tenth Congress by Peter Swart; again elected in the Eleventh Congress;
re-elected to the Twelfth Congress, serving from May 22, 1809, to March 3, 1813; died
at Johnstown, New York.
STATE HISTORIAN.
609
for the whole are not prepared at OIK- place, & to koop them so
seperately accomodated until the whole can be conveniently
assembled at one place. With these instructions as to the
duties to be performed & with his discretion as to the manner of
going on and accomodating the troops when there, you cannot
be at a loss. Especially when I add, that you may draw on me
at sight for 1,000 dollars for which draft the cashier of the Bank
at Utica will give you the Cash, if you shew him this letter.
You will keep duplicate receipts or vouchers for all the contin-
gent expences and regularly account to me therefor; you may
also advance occasionally a small sum to any of the officers or
soldiers who may need it not exceeding two months pay in
advance taking care to have a receipt or authority to refund it
when the advance pay comes on, which will be soon after you
are settled down.
Lt. Col. Bellinger.
N. B. It you direct your Majors and Captains to come on
with their respective squads of the Detachment as they are
ready, you can go ahead yourself and be prepairing to receive
them. You need not leave a non-commissioned officer after the
receipt of this letter, but on your arrival to the Northward
advise me what post office is nearest to your encampment and
I will direct to you there. D. D. T.
GENERAL PAULDING'S OPINION ASKED ON A MILITARY TECHNICALITY.
Albany, May 14, 1812.
D'r Sir: The enclosed was [this] day received. I am uncertain
whether the charges form the subject of a Court Martial or of a
Court of Inquiry only, or whether they are cognizable by either.
39
1)10 \ ANNUAL REPORT OF THE
"The Major General is by the 93d section of the Militia law com-
petent to institute a Court of Inquiry, and if that be your
opinion, I will thank you to send it to Genl. Coles or return it to
Captn. Tylee, the first subscriber, with reason for so doing.
Should you be of opinion that I ought to appoint a Court Martial
you will draw an order accordingly. Perhaps you may think
that, if there be any legal demand upon the General to account
for fines, a right of recovery thereof is vested in the Brigade
Board, established by the 85th section, and that the only redress
for negligence or refusal to .account, must be pursued by them:
and if so, that neither a Court Martial or Court of Inquiry ought
to be ordered. I will thank you for an opinion which of the
three dispositions above mentioned ought to be made of the
application.
General William Paulding, Junr.
DR. HAMLIN SOLICITS APPOINTMENT AS AN ARMY SURGEON.
•
Albany, May 14, 1812.
Sir: Dr. Amos Hamlin, of Durham Greene County, is a man
of professional ability & experience and of good standing in
society. He solicits the appointment of Surgeon in the Army
for which I chearf ully recommend him.
The Honbl W. Eustis.
THE QUESTION OF EXEMPTIONS FROM MILITARY DUTY.
Albany, May 18, 1812.
Sir: Two questions relative to exemptions in your Regiment
have been submitted to me upon which an opinion is requested.
The first relates to the members of a Fire Company. The 13th
section of the Act of 1809 exempted all Firemen belonging to
STATE HISTORIAN. fill
established Companies but the third section of the amendatory
act of 2d April 1810, repeated the said 13th section, and enacts
that all Firemen belonging to Companies established or to be
established, and to which there is actually belonging or attached
a fire engine fit for use shall be exemptd from Militia duty. Now
if the Company in question is a legal Company, & does now,
without reference to the bill which is pending before the Legis-
lature, come within the provision last above mentioned, then the
members thereof are exempted from a draft, otherwise not. It
depends, therefore, upon a matter of fact with which 1 am unac-
quainted. The bill before the Legislature, however, has no bear-
ing upon the question, nor are any explanations or privileges
therein contained to be allowed or recognized until it shall
actually become a law.
The 13 section of the law of 1809, exempts all judicial officers.
The Surrogates are judicial officers, and, therefore, expressly
exempted by that section. The 57 section of that act, and the
24 section of the Amendatory Act of 1810, however, contemplate
the liability of Surrogates to a limited fine for not parading and
of course subjects them to Militia duty by implication. My
opinion upon a hasty examination of the subject is, that the
express exemption by the 13 Section of the Law of 1809, must
controul the clause which makes them liable to Militia duty by
implication only, & that, therefore, Surrogates are not liable to
do Militia duty or to be .draf ted.
Col. Davis.
APPLICATIONS FOR MILITARY HONORS.
Albany, May 19, 1812.
Sir: Samuel Dill, a Judge of the Court of Common Pleas, for
Oneida County, and one of the Majors assigned to the Detach-
612 ANNUAL REPORT OF THE
ment stationed at Black River, is desirous of entering the Regu-
lar service in the grade which he now holds. Should that not be
attainable he would I understand accept a Captaincy.
Mr. Dill, will in my opinion make an intelligent & useful officer.
His political principles are and always have been Republican.
Clark Putnam, who is now a Lieutenant Colonel of Militia in
Oneida County also desires to enter the Army as Major. I am
not personally acquainted with him, but he is represented to me,
by Mr. Bloodgood a Senator Trom that County, as a friend to
the Government & Country and qualified to make a good officer.
The Honbl. Wm. Eustis.
Albany, May 22, 1812.
Sir: Dr. Henry Adams, of Coxackie son of Peter C. Adams,
Esqr., is a Gentleman of professional respectability and of good
standing, character & personal appearance. He wishes to be
appointed a Surgeon in the United States Army, for which office
I cordially recommend him.
The Honbl. W. Eustis.
Albany, May 22, 1812.
Sir : Stoddard Smith, Esqr, of Greene County, wishes to
obtain the office of Deputy Commissary under the General Gov-
ernment. He is a Gentleman of Intelligence & character and
well attached to the Government & Country. I, therefore,
recommend his application for the above appointment to your
notice and support.
The Honbl. Wm. Eustis.
STATE HISTORIAN. 613
IN BEHALF MATTHIAS BRUEN OF NEW YORK IN BOND REMISSION
MATTER.
Albany, May 25, 1812.
Sir: Mr. Matthias Bruen, of New York Merchant, has I under-
stand, an application depending before you touching the remis-
sion of certain bonds, executed by him & others in the State of
Vermont. I am wholly unacquainted with the transaction
which lead to the execution of the bonds & with the merits of
his application before you; but in justice to Mr. Bruen, I am
bound to say that I have been acquainted with him for a number
of years & with his character & standing as a merchant & citizen
•£ that they have always been respectable & unimpeached.
TLe Honbl. Albert Gallatin.
ADJUTANT-GENERAL PAULDING WAVERS IN HIS DUTY — ALBANY OR
WASHINGTON.
Albany, May 26, 1812.
Private.
Dear Sir: I have to apologize for the delay of answering
your letter in which you wish my opinion whether you ought not
to come here instead of proceeding to Washington, according to
your summons. The truth is, there is no pressing or even con-
siderable necessity for your coming here, although you know I
should be happy to see you. Therefore, if it be your own free
preference, or if it will be more beneficial to your health or if a
sence of duty in your estimation, require that you should go to
Washington, let not your state office retard you a moment. On
the contrary, if you will be more pleased and comfortable in a
visit to Albany, or if it will better comport with your health &
comfort, or if you really prefer it, then & not, otherwise, you may
»
614 ANNUAL REPORT OF THE
consider this letter as a request for you to repair to this ancient
& renowned City.
The Honbl. William Paulding, Junr.
THE GOVERNOR'S DEFERENTIAL POSITION TO THE JUDGMENT OP
CHANCELLOR LANSING ON THE SIX MILLION BANK CHARTER.
Albany, May 26, 1812.
Sir : The Council of Revision met this day and amongst other
subjects had before them the bill to incorporate the Six Million
Bank. It is apparent that the six members who attended will
be equally divided upon the question of its passage. The Bill
was committed until Monday next at 5 o'clock in the afternoon
unless your arrival at Albany in the mean time should render it
proper to convene a meeting at an earlier day.
I have thought it my duty to give you the above information
and respectfully to request that, should you be unable to attend
the meeting on Monday, but be desirous of expressing an opin^
ion upon the bill before the ten days expire, I will thank you to
advise me of it; and I will notify a meeting on Thursday, the
fourth day of June, to give you an opportunity of being present.
The Honbl. Chancellor Lansing.
THE GOVERNOR'S OFFER TO COMMISSION CLEMENT c. MOORE A PAY-
MASTER TO RELIEVE HIM OF AN EMBARRASSING SITUATION.
Albany, May SO, 1812.
Dear Sir: That you may not be astonished, at finding your-
self announced in a few days as Paymaster of a Eegiment of
Artillery, detached. from the Militia of this State, I beg leave to
apprise you beforehand of the motives which have induced me
to assign you to that station.
STATE HISTORIAN. (\\r>
The Rev'd Mr. Clowes acquainted im- with your having been
drafted as a private in the detached Corps of the Militi;i. which
is about to be organized. It immediately occured to me that I
could relieve you from that situation by placing you in the Staff
Department. The office of Paymaster is of all others, the most
compatible with literary pursuits, and requires the least experi-
ence in Military tacticks.
It is not, however, expected, that in the event of calling the
Regiment into service, the staff officers thereof, will be required
to attend; for it is composed of Companies dispersed through
every part of the state, some of which would undoubtedly be dis-
patched to the south, a part to the north in the direction of Lake
Champlain and a part towards the Western Frontier. The
attendance of the Regimental staff officers will not, I apprehend,
be indispensible until the whole Regiment shall be embodied in
one place; when there will be very little duty, and that not
strictly of a Military kind, attached to the office of Paymaster;
and should you then be disinclined to act in that capacity there
are numbers who will solicit your place. By resorting to this
mode of relieving you from the embarrassing consequences of
the draft, I act perfectly consistent with my official authority
and duty & with the public welfare; and trust you will not give
the course I have pursued an unfriendly construction.
Accept, D'r Sir, a sincere declaration of my respect &
esteem.
Mr. Clement Moorq.* .
* Clement Clark Moore, the American scholar and poet, was a native of New York,
born July 15, 1779, died at Newport, R. I., July 10, 1863; one of the few Americans of
whom it can he said his birth occurred during the first great war of the Country and
his death during the greatest war the Country has yet seen. In 1818 he gave to the
New York General Theological Seminary, which during the present generation was
developed and cared for most generously by Dean Hoffman, a large part of his
grounds in Chelsea— Ninth and Tenth Avenues, Twenty and Twenty-first streets. In
this institution he served as professor of biblical learning, and of Oriental and Greek
literature from 1821 to 1850. He published a Hebrew and Greek Lexicon, and a volume
of poems, but is best known as the author of the poem " 'Twas the night before
Christmas. "—STATE HISTORIAN.
616 ANNUAL REPORT OF THE
DR. CHARLES TOWNSEND DESIRES TO BECOME A HOSPITAL
SUPERINTENDENT.
Albany, May 30, 1812.
Sir: Dr. Charles D. Townsend of this City is a Grentleman of
respectability and of excellent standing in his profession. Being
desirous of obtaining the superintendence of the Hospital
department of the encampment in the vicinity, I venture to rec-
ommend him cordially to your notice as a Gentleman well quali-
fied for and worthy of that station.
The Honbl. Wm. Eustis.
THE ASSEMBLY REFUSES TO PERMIT THE GOVERNMENT TO BUILD A
FORT ON THE STATE PRISON WHARF AT GREENWICH VILLAGE.
Albany, June 3, 1812.
Sir: I sent to the Legislature a special message relative to
giving authority to the United States to erect a work of defence
on the State Prison Wharf. You were mistaken in supposing
that the Agent or Inspectors were friendly to that measure.
They made a formal remonstrance and I am satified made com-
munications of the same import to the members of the City
individually. The desired permission was of course refused
in the assembly yesterday by a strong vote. It will, therefore,
become necessary for you to locate some other site for the pro-
posed fortification. It will consume time to communicate with
me upon the subject of obtaining private property under the
act of this state providing for the case. You may, therefore,
consider yourself fully empowered to represent me in making
an agreement & taking a title to the People of this State for
any other site you may select, and may rely upon my confirma-
STATE HISTORIAN. 017
tion of your proceedings & upon my conveyance to the United
States of such title of this to the said site, according to the
law, a copy of which has, heretofore, been sent to you.
Col. Jonathan Williams.
TROUBLE BETWEEN MR. ISAAC SNE'DEKER AND HIS CAPTAIN OVER A
CERTIFICATE.
Albany, June 4, 1812.
Sir: I have received your communication covering the enlist-
ment Rolls of the Company of Cavalry under the command of
Captain Suydam. It is evident from those papers that you are
entitled to a certificate of having served fifteen years & it is
certainly improper that the certificate should be with held. I,
however, have no power to direct or compel Captain Suydam to
comply with his duty, but every refusal in an officer to do an
act of justice or to perform a duty towards a private, which
the law contemplates, will constitute an offence for which he
may be tried by a Court Martial & punished: and I take to be
the proper and perhaps the only remedy in your case. I cannot
believe, however, that Captain Suydam or his successor, if one
be appointed, will persist in denying a certificate upon an
explicit application to them for that purpose, and upon shewing
them the original Rolls of the Company or furnishing them with
other evidence of the fact of your having served fifteen years.
Mr. Isaac Snedekep.
COLONEL FLEMING ACTS AS A DISTRICT COMMANDER.
Albany, June 5, 1812.
D'r Sir: Yours of the 29th is before me. I thought I had
authorized you to name and assign an Adjutant & other staff
018 ANNUAL REPORT OF THE
at the commencement of our correspondence. You are at liberty
to order Mr. Earl or any other person you may think proper to
perform that duty whether such person shall hold the office of
Adjutant in the Militia or not. Mr. Earl will be appointed
Adjutant of Col. Wood's Regiment tomorrow.
I have assigned a District Paymaster who is by this time at
Oanandaigua on his way to Niagra, to pay that Detachment
from whence he will proceed immediately to Oswego by water
and advance two months pay, subsistence Forage & Cloathing
to your corps which I hope will be satisfactory to them.
By a letter which I have reed, from Washington, it appears
your services and duties are solely confined to the defence &
protection of the Frontiers against Invasion. Of course you
have nothing to do until further occurrences, but to discipline
the Detachment & endeavour to make their accomodations com-
fortable. You are at liberty to call in a Surgeon's mate to aid
the Surgeon should it become necessary & to consider yourself
vested with all other needful discretion of a District Com-
mander.
Lt. Col. Fleming.
P. S. You will see by the papers in possession of the Pay-
master, that you are entitled to double Rations being Command-
ant of a District Post. I beg leave also to mention that it would
be well to open a correspondence with Lt. Col. Philetus Swift
who commands at Niagara and with Lt. Col. Christopher P.
Bellinger who commands at or near Sackets Harbour & to lay
the foundation of concert in operations and facility of com-
munication in the event of hostile movements against either
point. D. D. T.
STATE HISTORIAN. 619
COLONKI. I'.KLLI.\<;KK IMKK. TKI> T -KX COI;KI:SI>(.M.I:N( i: WITH HIS
NEIGHBORING COMMANhRRS.
Albany, June 6, 1812.
I >'r Sir: A District paymaster is now at or near Niagara with
money for two months pay and cloathing for the Detachments.
He will proceed from Niagara to Oswego & from Oswego to your
Detachment.
You will see by the papers in possession of the Paymaster
that you are entitled to double Rations being Commandant of a
District Post. Allow me to advise that you open a correspond-
ence if practicable with Lt. Col. George Fleming at Oswego and
Lt. Col. Philetus Swift at Niagara that you may be able to
co-operate each other more expeditiously & effectually in case of
difficulty at any particular point. You will consider yourself
vested with a liberal discretion as to the manoeuvering & accom-
odating the Detachment.
Lt. Col. Christopher P. Bellinger.
OFFICERS FOR COLONEL TALLMADGB*S REGIMENT.
Albany June 9, 1812.
D'r Sir: The appointments for your Regiment have been
made with the exception of Majors.
Upon the recommendation of the Council of Appointment, I
have referred the contending claims for the offices of first and
second Major, a Board of Officers which is to meet at Bostwicks
& Ruggles' Hotel in Poughkeepsie, on the 24th June Inst. Gen-
eral Leonard Smith, of Newburgh is President, and is to notify
the members of the Court & the contending parties.
Lt. Col. James Tallmadge, Junr.
620 ANNUAL REPORT OP THE
THE APPOINTMENT OF MR. OGDE'N AS INDIAN AGENT TO THEl SENECAS.
Albany, June 13, 1812.
D'r Sir: Your letter of May 18th did not come to hand until
Friday evening 22d May after your brother Charles had prob-
ably left this City and of course it was not in my power to confer
with him and it was useless also to have any communication for
him at the Eagle tavern as I had at that time received no com-
munication either from Washington or Boston on the subject of
the appointment of agents to attend a Treaty with the Senecas.
No information has yet been received by me from the Secretary
of State. The Governor of Massachusetts hasi returned the
enclosed answer, which, as I do not know where to address your
brother D. A. Ogden at the present time, I take the liberty of
sending to you.
Thomas L. Ogden, Esquire.
GENERAL VAN WYCK'S RESIGNATION AND HIS ALLEGED GRIEVANCE
AGAINST THE GOVERNOR.
Albany, June 13, 1812.
D'r Sir: Your letter of the 6 day of June, has been received,.
About the same time I was favoured with a Communication
from Major General Hathorn, which detailed to me the reason*
assigned by General Van Wyck for his resignation. As those
reasons consisted principally of complaints against me, it cer-
tainly would have been more frank and generous to have
addressed me upon the subject in the first instance, that an
explanation if were proper might have taken place. The two-
principal causes of umbrage, which but for the above mentioned
letter from General Hathorn would perhaps have come to my
STATE HISTORIAN. 621
knowledge, are the appointment of Mr. Pudney, Brigade Quarter
Master, in opposition to another person recommended by the
Oenl. for that office, & my having required him to make the
returns when he had not been furnished by the Adjutant Genl.
with blanks for that purpose. It is now between 4 and 5 years
since the appointment of Pudney took place; and Genl. Van
Wyck well knows, that the departure from his recommendation
on that occasion was not at my particular Instance, or request
or with my full approbation, but was produced by the urgent
recommendation and solicitations of other persons, amongst
whom was one of the General's Relatives, by whom that trans-
action as I have understood, was explained to his perfect satis-
faction upwards of two years ago. If Genl. Van Wyck thought
the appointment of Mr. Pudney, a good cause for his resigna-
tion why did he not then resign? It is evident from his not
having done so then, that the appointment although perhaps dis-
agreeable to him, afforded in his opinion no reasonable ground
for a resignation. To present that state pretence now, as a
cause of resignation & that too in the shape of a Complaint
against me, addressed to another person who might never have
communicated it to me, I must confess was unexpected & mani-
fests a disposition in Genl. Van Wyck which my respect for him
as a Gentleman did not allow me to anticipate. What makes it
still more ridiculous in him to complain of me and to atfect
such great sensibility years afterwards about an act of the
Council of Appointment which violated neither principal or
rank, is that he has intimated to you a willingness to resume
the performance of his duty on certain conditions, one of which
is, that I shall in direct violation of usage, principal & right,
remove from office, merely because the Genl. is affronted with
622 ANNUAL REPORT OF THE
him, the Inspector of his brigade who has served faithfully in
that office for sixteen years.
The other alledged cause of offence, namely, that he had
rec'eived Genl. Orders from me requesting him to make the
returns required by law at times when he was not supplied with
printed blanks for that purpose by another officer, is as against
me, a pretext so trifling and at the same time so unfair &
unreasonable, that I cannot give it a serious notice.
As his resignation and the reasons for it are addressed to
Major Genl. Hathorn, it rests with that Gentleman to dispose
of it as he pleases. Until it be accepted, Genl. Van Wyck must
act as he thinks his oath & propriety require, with regard to the
neglect or performance of his duty. I certainly shall not coax
him or offer terms to prevail on him to resume the performance
of his duty, neither shall I make to him any excuses or apology,
for I owe him none. Whether his unkindness towards me in the
above particulars does not require an explanation on his part,
will be left to the decision of his own sense of justice & pro-
priety, it will not be demanded. I should do injustice to my
feelings, Dear Sir, were I not to add that your motives & friend-
ship in waiting to me upon the subject, are duly estimated and
I sincerely regret that I cannot reconcile it with propriety and
self respect to make any communication to Genl. Van Wyck of
the tenor suggested by you.
Jacob's J. Swartwout, Esqr.
TWO MORE ARMY APPLICATIONS.
Albany, June 13, 1812.
Sir: I have the honor to enclose a recommendation of John
McCrea, for the appointment of Captain in the Army. Besides
STATE HISTORIAN.
the representation of the subscribers with whom I am
acquainted and in whom I have confidence, Mr. McCrea has
been favourably spoken of by other respectable persons of Esse*
County. I have, therefore, no doubt of his fitness for the office
of Captain or subaltern nor of the propriety of his appointment.
The Honbl. Wm. Eustis.
Albany, June 13, 1812.
Dear Sir: I am informed that to each Division of the Aviny
is attached a Judge advocate with the rank and pay of a Major.
Philip S. Parker, Esquire, of this city, late recorder of the City of
Hudson, wishes to fill that station in your division. Mr. Parker
is and always has been attached to the Republican administra-
tion of the Gen'l. Government and being competent and qualified
and of respectable standing in society, I beg leave cordially to
recommend him to your notice £ support for the said office.
Major Genl. Dearborn.
DISSATISFACTION WITH RATIONS, AND CAPTAIN ANDERSON IS
CAUTIONED.
Albany, June 1,3, 1812.
Dear Sir: I have received several communications apprising
me that the rations issued to the troops in ITcrkimer & at
Sackets Harbour and Oswego are not of the quality or quantity
which they ought to be or according to contract. Whether this
proceeds from a disposition in those who supply to create
disgust or dissatisfaction amongst the detachment, for. political
purposes, or from their being too much cramped in their | rire
or from wilful imposition I know not; but I deem it my duly to
inform you that I shall cause an immediate and minute enquiry
to be made into the quantity and quality of all the provisions
624 ANNUAL REPORT OF THE
which have been supplied to the detachment and shall represent
to the General Government every noncompliance with the pre-
cise tenor of the contract. I give you this friendly notice that
you may caution your subcontractors & avoid the unfavorable
impressions of the Government against you which the conduct
of the subcontractor is calculated to make.
Elbert Anderson Junior.
NICHOLAS BROWBR PRESENTS MILITARY HATS TO DISTINGUISHED
GENTLEMEN.
Albany, June 13, 1812.
Dear Sir: The Military hats which you were so kind as to
present to Genl. Dearborn & Genl. Gansevoort were duly
delivered.
For the one which was Directed to me be pleased to receive my
thanks & to rest assured of my wish to promote your prosperity
and happiness in every way which may be in my power.
I expected to have visited New York immediately before the
present session of the Legislature, when I should have had a per-
sonal interview with you: And since the session my public
duties have occupied all my time. I hope these circumstances
will be accepted as a sufficient apology for my delay in acknowl-
edging your kindness.
Mr. Nichl. B. Brower.
THE GOVERNOR RECEIVES AN INVITATION TO DINE WITH COLONEL
SITOHEiR'S ARTILLERY OFFICERS O'N THE FOURTH OF JULY.
Albany, June 13, 1812.
D'r Sir: I have the honor to acknowledge the receipt of your
letter containing an invitation to dine with the officers of the
STATI-; HISTORIAN. (ilT,
Fourth Regiment of Artillery on the fourth day of July n<-xt.
'The critical state of our public affairs renders it almost impos-
sible for me to determine at present to what part of the State
my duty may call me at that time. I am so deeply impressed
with a belief that I may be detained at the seat of Government
or be called towards the Northern or Western Frontier before
July, that 1 dare not venture unconditionally to promise to be
in New York on the fourth. I am, however, duly sensible of
the honor the officers of that Regiment confer upon me by their
polite invitation, and can only say that should I not be pre-
vented by public events from being in the City on the next
.anniversary, I will with much pleasure dine with them on that
-day.
Col. Andrew Sitcher.
FOR DISPOSING OF THE TROOPS ORDERED TO THE NARROWS.
Albany, June 14, 1812.
D'r Sir: I had some time since requested the Secretary of
War to order a part of the detachment of 450 men from your
Brigade to be posted at the Narrows. If those men are in ser-
Tice I should prefer their being sent there, but if they have not
been called upon I have no objection to having the regulars
stationed there. The terms upon which they may be so sta-
tioned will be arranged by the Commissioners so as not to inter-
fere with their operations.
Twenty five thousand dollars have been appropriated in addi-
tion to the former sum, and I am also authorised by the Fron-
tier Act to build an Arsenal there out of another fund. The
Commissioners will make their arrangements accordingly. It
is of course expected, if troops be stationed there, that they are
40
626 -ANNUAL REPORT OF THE
to occupy the works so far as shall not interfere with or incom-
mode the Commissioners. It is also expected and the Commis-
sioners are explicitly to inform Genl. Bloomfield accordingly,
that as the Frontier Law passed the other day, vests the posses-
sion of the public works and ground in the person administering
the Government of this State for the purposes therein specified,
and possession of the work and ground by the Agents of the
U. States will be at will, and subject to the discretion and con-
troul vested by the last mentioned act. In my opinion the
platforms of the upper works (Fort Hudson) or directly in the
rear of them, will be the most airy & healthy places to encamp
troops in the summer in tents — & that no more than may be
necessary to man Fort Eichmond need remain below the HilL
It would also be well to make an arrangement, if it can be
done, that the soldiers may work for the State if they shall
be wanted upon the same terms & for the same portion of
their time as for the United States at the Islands.
Genl. Morton.
MR. RUGGLES STRONGLY INDORSED FOR AN ARMY COMMISSION.
Albany, June 16, 1812.
Dear Sir: The enclosed is signed by the Senator and mem-
bers of the Assembly from Washington County and by some
of the principal Militar}^ & civil officers of that County. I pre-
sume it will be satisfactory & will induce you to cause Mr,
Buggies', name to be placed on the list, of Candidates for .the
Army with such favourable observations in his behalf as the
enclosed credentials will, in your opinion justify.
The Honbl. Benjamin Pond.
STATE HISTORIAN. ili'T
MR. BARENT G. STAATS* APPLICATION FOR A COMMISSION IN Tin:
ARMY.
Albany, June 16, 1812.
Sir: The young Gentleman named in the within recommenda-
tion is the son of Mr. Barent G. Staats. I am not personally
acquainted with him but know the subscribers of the enclosed
papers all of whom are also well known to you to be amongst
the most respectable Inhabitants of Albany. I need only to
add a request that you will present Mr. Staats name to the
War Department, with such representations in his favour as
you may think his credentials will warrant.
The Honbl. H. Bleecker.
REQUISITION FOR A FIELD PIECE FO'R CAPTAIN SMITH'S BATTERY.
Albany, June 18,* 1812.
Sir: The State is not at present supplied with Field pieces
sufficient to accomodate all the Companies of Artillery. I am,
therefore, under the necessity of requesting that you will permit
Isaac Smith, 2d Captain of a Company of Artillery, in Richfield,
Otsego County, to have one of the Field pieces heretofore
delivered for your Company upon his calling, therefor, and
giving you a receipt for the same. His Company is at present
destitute of any piece and it is but reasonable that both Com-
« A
panics should participate in the use of the two pieces in that
part of the County until we may be enabled to send on addi-
tional Field pieces.
Captn. Haviland Chace.
* Congress declared War against Great Britain June 18, 1812. See Military Papers of
Daniel D. Tompkins, Vol. I, pp. 32 et seq; 209-17; 345-50.
628 ANNUAL REPORT OF THE
THE GOVERNOR DISCRIMINATES AGAINST A FAMILY O'F OFFICERS.
Albany, June 20, 1812.
Dear Sir: You may remember that I mentioned to you an
inclination to appoint you Lieut. Col. of a detached Regiment
of the 13,500 Militia. I discovered afterwards that the Major
Oenl. had assigned Tisdale Eddy, who belongs to your regiment
and is, I presume, your brother or son, a Major of the detached
Regiment, and I had concluded to assign Major Vandercopk,
your son in law, as Brigade Inspector of the Brigade to which
that Regiment is attached; I became apprehensive, that to take
all the principal officers from the limits of one Regiment, and
from the same family, might very justly give dissatisfaction to
the other officers of the Rensselaer Brigade; and as you appeared
indifferent about the command when I spoke to you upon the
subject, and appeared rather to prefer that Major Vandercook
should be assigned to a command, I concluded the assignment
of Tinsdale Eddy for Major, & of Mr. Vandercook for Inspector,
would be deemed by you as a sufficient apology for taking the
Lt. Col. from DeRidders. Brigade, notwithstanding what I had
formerly intimated to you. Without such distribution, De
Ridder's Brigade would not have a General, field or staff officer
in the Detachment.
Lt. Col. Gilbert Eddy.
THE GOVERNOR APPOINTS FRANCIS M'CLURE A LIEUTEINANT-OOLO'NEL
WITH A BIT OF GOOD-NATURED WARNING.
Albany, June 20, 1812.
D'r Sir: I have this day organized all the Rifle Corps in New
York into the first Regiment of Riflemen and have appointed
Francis McClure, Lt. Col. Commandant thereof. Daniel Fisher
& Reuben Munson are the Majors.
STATE HISTORIAN.
Your resignation has been destroyed and your Commission as
Major which you sent to me in a passion is herein returned.
You also are assigned to the Command of the Detached Regi-
ment of Riflemen. If you let that unruly Irish blood of yours
drive you into such another fit, and to a resignation of the
office of Lt. Col., I give you notice that I will get in a passion
too and take you at your word.
Col. Francis McClure.
MAJOR SLEE APPARENTLY DISSATISFIED WITH HIS RANK.
Albany, June 20, 1812.
D?r Sir: I am just favoured with your letter of the 18th Inst.
and in answer thereto would remark that the Militia Law of the
IT. States does not contemplate the offices of first and second
major as two distinct grades, for the 3d section provides, that
there shall be to each Regiment one Lieut. Col. Commandant and
to each Battalion one Major. The Majors of a Regiment ought,,
therefore, to rank as first or second Major thereof according to
the dates of their respective Commissions. In the army all the
Majors of a Regiment are commissioned as Majors generally,
& take rank as first, second or third, according to the dates of
their respective Commissions.
It was not intended by the General Order referred to by you
to assign you to a command below your grade. On the contrary,
the order declares yon to have been assigned to the Command
of a Battalion and that is the Command of a first as well as of
a second Major. The Regiment is to consist of the two Battal-
ions & that Major of the two Battalions who has the oldest Com-
mission will in that Regiment rank before the other, even though
they may be both first Majors by Commission. Fox is Senior
630 ANNUAL REPORT OF THE
First Major to yourself, and, therefore, will rank next to the
Lieut. Colonel or command the first or right Battalion, and you
the second. It is in that sense only that the order mentions you
as second Major, and you must remember that this will always
be the case where, two detached Battalions commanded by first
Majors come in contact, the senior of the two will command or
take the right and it is no degradation to the other Major to
take the left.
It is your Commission that gives your rank and grade & where
the detached Regiment shall assemble, you will take the rank
& station in it to which your present Commission in the Artil-
lery may entitle you. Nothing beyond that could be expected.
You will see by the enclosed order that in the organization of
the Cavalry, I have not used the words first, second & third
Majors of the Regiment, because I did not know their relative
ages, & yet when that Regiment shall assemble, although they
be all first Majors by Commission, one of them will rank as first,
another as second, and another as third Majors of that Regi-
ment. You may easily suppose the case of a Regiment of Artil-
lery composed of three Battalions commanded by three Majors.
According to your views of the subject as we have none but first
and second Majors, the command of the third Battalion would
degrade both descriptions of Majors. That impression I deem
erroneous. It would be perfectly consistent and proper for a
first Major to command the third Battalion of a detached regi-
ment or be the third Major of such Regiment provided the other
battalions were also commanded by first Majors older than
himself.
I took the liberty of recommending Major Fox and yourself
as the most suitable officers to command the respective Battal-
STATE HISTORIAN. 631
ions detached from the second and third Brigades of Artillery
and Major Genl. Stephens complied with the recommendation
immediately. I should extremely regret the loss of your ser-
vices in the command which you have been assigned, & think
there can be no doubt of the propriety of accepting and officiat-
ing as Junior or second to Fox as you really are. Should you
think otherwise, however, and decline the command of a Battal-
ion in the detached Regiment, notwithstanding this explanation,
I will thank you to apprise me of it immediately, that I may
select & notify some other officer.
Major Samuel Slee.*
FIELD PIECES AND AMMUNITION ORDERED FROM THE CANANDAIGUA
ARSENAL TO BLACK ROCK.
Albany, June 20, 1812.
Sir: Please to cause to be transported to Black Rock and to
be delivered to Col. Philetus Swift without delay, two field
pieces, some Cannon ball (say 200) about twelve casks of Cannon
powder, a few casks of Musket powder and about 15,000 rounds
of fixed ammunition. Also two sets of Colours or Regimental
Standards, and so many good drums and fifes as may be neces-
sary to equip the Detachment under Col. Swift's command. You
will also consider yourself as having a liberal discretion as to
extra allowance of vegetables, &c for the sick and others of the
detachment.
The enclosed directions to the superintendent of the Arsenal
at Canandaigua, requires him to deliver to you as your order,
the above articles. Captain Reuben Hart, is hereby required
to deliver the Field pieces attached to his Company to be
*See Tompkins Papers, Vol. I, pp. 327-28.
632 ANNUAL REPORT OF THE
replaced by others sent on from this place. Those pieces will
also be transported to the Detachment. Should there be any-
other articles in the State Arsenal at Oanandaigua which in
your opinion are indispensible or highly needful for said Detach-
ment, you are at liberty to convey such Articles also to Black-
Rock.
Peter B. Porter, Q. M. Genl. S. N. Y.
Albany, June 20, 1812.
Sir: Please to deliver to the order of Peter B. Porter, Quar-
ter Master General, Two Field Pieces with harness and imple-
ments complete, some Cannon ball (say 200) suited to the-
Caliber of the pieces, some slow match or Port fire, twelve
casks of Cannon powder, 4 casks of musket powder and 152000
rounds of fixed ammunition. Should there not be sufficient
quantities of the respective articles before mentioned in the
Arsenal, you will deliver what there may be of each kind.
Duplicate Receipts must be taken for all the articles delivered,,
and one copy thereof must be transmitted immediately to
Commissary McLean.
To the Superintendant of the Canandaigua Arsenal.
CAPTAIN HART ORDERED TO DELIVER HIS GUNS TO GE'NERAL PORTER..
Albany, June 20, 1812.
Dear Sir: I am under the necessity of requesting that you
will deliver the pieces attached to your Company with the har-
ness and implements to Peter B. Porter Quarter, Master Gen-
eral to be sent on the Frontier detachment. They will be
replaced to your Company without delay and I hope you will
not hesitate to submit to a temporary deprivation of them for
the public good.
To Capn. Reuben Hart, Canandaigua.
STATE HISTORIAN. 633
THE GOVERNOR SUGGESTS GENERAL JOHN ARMSTRONG AS THE
MILITARY COMMANDER OF NEW YORK CITY.
Albany, June 20, 1812.
Dear Sir: I have learned from General Dearborn and others
that the Government is desirous of selecting some suitable per-
son to appoint to the command of the Port and harbour of New
York and their dependencies and that the command will be a
separate and independent one.
In consequence of the above suggestions I caused indirect
•enquiries to be made whether Genl. Armstrong would take such
a command. His talents and experience ought not in my opin-
ion to be lost to the Country in the approaching crisis and I
am happy to find that his patriotism is awake and that he is
disposed to do everything in his power to promote the interests
of his country.
It is to be remembered, however, that he was during the
revolutionary War, senior in rank to the present major Gen-
erals, and it is not very likely that he feels any inferiority to
them in knowledge, talents & public standing. It is not, there-
fore, to be expected that IK? will accept, but on the condition
that the command is to be a strictly independent one, & the
officer answerable only and directly to the President and Sec-
retary of War. In that case I venture to say, he would accept
without regard to the grade, rank or title of the office with
such compensation as Government may think proper to annex
to it.
Will you please to consider this communication confidential,
except so far as to make known to the President or Secretary
of War alone its contents, in such a way as may be best calcu-
lated to produce useful ends and to convey to them my most
'
634 ANNUAL REPORT OF THE
decided opinion that no arrangement can be made which will
be so satisfactory and beneficial as that of the appointment of
Genl. Armstrong.
Genl. Peter B. Porter.
r
THE GOVERNOR ORDERS AMMUNITION AND ORDNANCE TO ALBANY. ,
Albany, June 22, 1812.
Dear Sir: Send up immediately one hundred Rifles, 1000
Muskets (Whitney's) 1000 Cartridge boxes 75,000 rounds of fixed
ammunition 18 to a Ib. & 25,000 rounds 16 to a Ib. All the six
pounders and three pounders at your disposal must be sent up
also. You will not slumber upon the execution of this order.
If the steam boat will take the arms & cartridge boxes &c for
the usual freight or a little more, and on this emergency I think
it ought, you will send some of the articles by her. Employ all
the hands you may want and have every article we possess in
readiness.
John McLean, Esqr. Corny, of Military Stores.
DAVID DUNHAM RECOMMENDED AS DEPUTY COMMISSARY FOR NEW
YORK CITY.
Albany, June 22, 1812.
Sir: I am informed by Mr. David Dunham of New York that
he is about to apply for the office of Deputy Commissary in the
City of New York. My intimate acquaintance with Mr. Dun-
ham for a number years enables me to vouch for his acquain-
tance with business, his intelligence, integrity and respectabil-
ity and I cordially recommend him as qualified for and worthy
of the office above metd.
The Honbl. William Eustis.
STATE HISTORIAN. 635
MAJOR JOSEPH SKINNER APPOINTED AS ASSISTANT COMMISSARY AND
ORDERED TO PLATTSBURGH.
Albany, June 23, 1812.
Sir: I enclose you a Commission as assistant Com'y. for the
Eastern District — an office created at the last session with a
salary of 400 dollars. You will please to qualify to it immedi-
ately & proceed to Plattsburgh & be ready to receive and take
care of & distribute the arms, ammunition &c which are now
there & which are forwarding from this place. You will obey
the orders of Major Genl. Mooers & Brigadier Genl. Petit.
War is declared & bearer of this proceeds as express upon that
subject to Genl. Mooers; give him every needful assistance in
procuring horses &c.
Your office will be an active one at this perilous & critical
period. Be on the alert, therefore, and slumber not upon the
Execution of any order or requisition.
Major Joseph Skinner.
COLONEL GEORGE FLEMING, COMMISSARY FOR THE WESTERN DIS-
TRICT, ORDERED TO ALBANY.
Albany, June 23, 1812.
Sir: Herewith I send you a Commission as Commissary for
the Western District. Should you accept it, Lt. Col. Cleveland
of Madison County will succeed you in the command at Oswego.
As soon as you should determine whether you accept this Com-
mission or not, I wish to be informed of it. Your personal
presence in Albany to confer upon future operations in that
department is requested, should you accept. The salary is 600
dollars & there will be expences paid for extra services. I have
636 ANNUAL REPORT OF THE
directed Genl. Ellis to order additional troops to bswego upon
jour requisition.
Lt. Col. George Fleming.
ABIJAH YELVE/RTOiN CARRIES THE WA/R NEWS TO THE FRONTIER
POSTS.
Albany, June 23, 1812.
Dear Sir : The bearer of this is the bearer of the Declaration
of War to the Frontier Posts. He has orders to call on you and
request you to dispatch an express to Lt. Col. Fleming without
a moment's delay with the communications addressed to Col.
Fleming. Loose not a moment in complying with his request.
He will advance money if necessary or you draw on me for it.
Abijah Yelverton, Jun. Esqr.
MAJOR SKINNER ORDEHEGD TO PROVIDE A SUITABLE GUARD FOR THE
ARSENALS AT PLATTSBURGH AND ElLIZABETHTOWN.
Albany, June 24, 1812.
Sir: It is provided by an Act passed 12th June 1812, entitled
"An Act further to provide for the defence of the Frontiers and
for other purposes," that the person administering the Govern-
ment of this {State whenever in his opinion the security of the
Frontier Arsenals may require it, may employ a guard for each
of the said Arsenals to consist of one Corporal & six privates, to
erect a guard house for them and to prescribe rules & regula-
tions for their Government; and that the corporal shall receive
twenty dollars per month, and each private fifteen dollars per
month, for pay, rations, subsistence and cloathing, to be paid
STATE HISTORIAN.
quarterly, by the assistant Commissary of the district. You
are, therefore, hereby authorized to enlist & establish a guard
as above, for the Arsenals at Plattsburgh and Elizabethtown,
to provide a guard house at each place, & to prescribe such rul» s
& regulations for the Government of the said guard as may
appear to you to be best calculated to ensure the security of the
said Arsenals and the public property deposited & .to be
deposited therein.
Major Joseph Skinner.
THE GOVERNOR FORWARDS FIVE THOUSAND DOLLARS TO COMMISSARY
M'LEAN.
Albany, June 24, 1812.
Dear Sir : That you may not be in want of funds, to meet the
contingent expences of executing the orders which I have given
by letter of this date, I enclose you a draft for five thousand
dollars. You will please to send me duplicate receipts for so
much received " on account of and to be accounted for under the
act further to provide for the defence of the Frontiers & for
such other purposes " passed June 12, 1812.
John McLean, Esqr.
COMMISSARY MCLEAN NOTIFIED THAT PROMPT EXECUTION OF ORDERS
IS INDISPENSABLE.
Albany, June 24, 1812.
Sir: You will cause tents of the best materials and models
to be made in New York without delay for two thousand men.
Mr. Dunham has informed me that his agency for the United
States has made him acquainted with the places where Russia
Sheeting is to be had and the prices at which it can be obtained,
638 ANNUAL REPORT OF THE
and has tendered his services in procuring the same articles for
the State. Mr. Mooney has also offered to make the tents. I
mention these things that you may avail yourself of their offers
should you find it advantageous. You will also cause two thou-
sand knapsacks and 400 Camp Kettles to be made immediately.
You will please to understand once for all, that prompt execu-
tion of orders in such an emergency as now exists is indispensi-
ble in every Department, and that I shall expect every order to
be executed with the utmost dispatch, even if one thousand men
must be employed for that purpose. Send the 1000 muskets —
100 Rifles— 1000 Cartridge boxes— 75,000 rounds of fixed ammu-
nition 18 to a Ib, 125,000 rounds 16 to a Ib, ordered by my letter
of the 22d Instant. To which add the pattern Cartridge box
which I have been expecting since April, a quantity of Cartridge
paper, some slow match, port fire & 300 Casks of Musket, Rifle, &
Cannon powder, of Bullus' manufacture in proper proportions.
You will ask permission of the United States officer command-
ing the seaboard to Store State Articles in the Arsenal at Sagg
harbour & upon such permission being obtained send on and
store there under the care of Genl. Rose, or some other proper
officer, 500 Muskets & the requisite ammunition & equipments.
But if on enquiry, you shall find that the United States have
supplied, or will supply their above mentioned Arsenal with
arms and ammunition sufficient for the Inhabitants of Suffolk to
use in defending themselves, then you will dispence with th:>
execution of the last mentioned order. Should the militia be
ordered into field service & be unsupplied with arms they must
be supplied from the Arsenal upon the order of the Lieut. Gov-
ernor or of any Major General.
John McLean Esqr.
STATE HISTORIAN.
639
A GUARD ORDERED FOR TILK AKSI'AAI. AT KI Bfi
Albany, June 24, 1812.
Sir: You are hereby authorised pursuant to the provisions
of the third section of the Act entitled An Act further to pro-
vide for the defence of the Frontiers & for other purposes
passed June 12, 1812, to employ and organize a guard to con-
sist of one corporal and six privates to the guard the Arsenal
at Russel,* & the public property deposited therein; and you
are likewise hereby empowered to establish Rules & Regula-
tions for their Government and to provide a guard house for
their accommodation. Those rules and regulations, however,
will be superseded by such as the assistant Commissary for
the Western District shall hereafter establish. Col. George
Fleming is appointed to the office of Assistant Commissary &
will be respected and obeyed as such by all the superintendents
whenever he shall have accepted & qualified to his Commission.
Russel Atwater, Esqr.
THE GOVERNOR TO DEWITT CLINTON REINFORCEMENTS SENT TO
THE FRONTIER POSTS AND TWENTY-FIVE THOUSAND DOLLARS TO
NEW YORK OITY.
Albany, June 24, 1812.
Dear Sir : There is no General Officer of the line of the Army
of the United States, or Quarter Master General or other
officer at this place upon whom I can depend for attention to
the safety of the Northern & Western Frontiers, neither have
I yet received anv orders from the President to add to the
•One Copy with " Rome " in stead of " Russel " directed to Josha. Hathaway Esq.
do - " Onondaga " - Jasper Hopper, Esq.
do " Batavia " Josh. Elliot, Esq.
do - "Cauandaigua" — Moses Atwater, Esq.
do " Watertown " Josh. Clark, Esq.
640 ANNUAL REPORT OP THE
strength of the several Frontier Posts. I hope for such Instruc-
tions this evening & have anticipated them so far as to direct
Col. Swift, at Niagara, Col. Fleming, at Oswego, & Lt. Col. Bel-
linger, at Sackets harbour, to be reinforced with Detachments
sufficient even for offensive operations & have ordered Major
General Mooers & Brigadier General Petit into service in the
Champlain District, and placed at their disposal the detached
Militia of the two Brigades in Washington County & of the
Counties of Essex, Clinton £ Franklin. A supply of arms &
ammunition is already within their reach, & additional quanti-
ties are leaving this place to day which will provide them amply
in that respect. The want of tents and blankets distresses me
most. We relied upon the United States for those articles &
although I believe they have a sufficient number of them, they
are unfortunately not within my reach or subject to my con-
troul. You must be convinced that under such circumstances
my continuance here for a short time is indispensible. Indeed
I do not know that my presence in New York would be of the
smallest importance, your being there essentially dispenses with
the necessity of my attendance. Besides, there are officers &
Engineers of the regular army, officers of the Navy, General
Officers of the Militia, the Corporation, the Commissioners of
Fortifications, Commisary &c. & I believe an adequate supply
of Military Stores.
By a circular addressed to the Division & Brigade officers
of the Southern District they are directed to furnish troops
upon every requisition for the defence of New York & the Com-
missary is required to equip from the Arsenal, such of the Mili-
tia as may be called into Field service and may be destitute
of equipments. Your order or that of Major Genl. will be his
STATE HISTORIAN. (ill
authority upon that subject. He is likewise directed to pro-
vide tents, camp kettles, knapsacks &c. without a moments
delay. The Commissioners of Fortifications are also hereby
vested with a liberal & full discretion in relation to the object
of their appointment & that their operations may not be
cramped by the want of funds, 1 enclose a draft for twenty five
thousand dollars. I also enclose a copy of the Frontier Act &
substitute the Commissioners to represent & act for me in all
things touching the possession £c of the ground at the Narrows.
I possess the fullest confidence that the Public officers, the
troops, and the Citizens of New York and its vicinity, will meet
the critical state in which the important event of the 18th has
placed them with that vigilance, intrepidity and devotedness,
to the common cause which distinguished the Patriots of the
Revolution.
The Honbl. DeWitt Clinton.
THE GOVERNOR FINDS TIME TO RECOMMEND TWO APPLICANTS FOR
ARMY COMMISSIONS.
Albany, June 25, 1812.
Dear Sir: The enclosed recommendations are forwarded to
you at the request of the persons John T Wendell & Ephraim
Mandell mentioned therein. You are well acquainted with the
persons who recommend them. I am but slightly acquainted
with either of the candidates but am desired by Mr. Mandell to
inform you that he has heretofore been Adjutant of the Kinder-
hook Regiment and that he solicits the office of Captain.
The Honbl. Harmanus Bleecker.
41
642 ANNUAL REPORT OF THE
TRANSPORTATION TO SALEM AND SANDY HILL INTRUSTED TO CAPTAIN
THOMAS CAMPBELL.
Albany, June 26, 1812.
Sir: I recommend Captain Thomas Campbell, of this City,
to take charge of the transportation to Salem & Sandy Hill of
one hundred and forty tents, one hundred camp kettles and
five hundred knapsacks. The former is the place of rendezvous
for the battalion detached from De Bidder's Brigade and the
latter for the battalion from Petit's Brigade. The two Bat-
talions will proceed to Plattsburgh on different routes. The
one from Petit's Brigade will pass through Essex County where
the Detachment from the Essex Brigade will join them. The
other Battalion will go through Vermont to Burlington or
through Lake Champlain. As Mr. Campbell will have orders
to execute for me at Salem £ Sandy Hill, his agency will be
paid by me, & the II. S. will pay merely for the transportation
of the Articles. He is a man of activity, intelligence & capacity
for business, who will perform the trust to your entire satis-
faction.
Permit me here to say that if you are disposed to' send and
deposit in the Arsenal at Plattsburgh or in Essex County,
Muskets, fixed ammunition, Cannon & ball or other Military
stores of the United States, they shall be carefully stored
therein, and be well attended to & shall be subject to be deliv-
ered therefrom on your orders free of expence.
1 will thank you to inform me by what time you will have an
agent ready to attend to the transportation of the baggage,
&c. of the above mentioned Detachments from the respective
places of Rendezvous above mentioned.
Genl. Lewis.
STATE HISTORIAN. r,i:;
THE GOVERN'OH INFORMS THE QUARTERMASTER-GENERAL THAT THE
TROOPS NEED TE1NTS AND TDXT EQUIPA<;i
Albany, June 26, 1812.
Sir: I am requested to cause 500 men to be stationed on or
near the line at Champlain, and am informed that you will fur-
nish the necessary Camp equipage. Permit me to ask whether
you will also feel yourself authorised to furnish Camp equipage
for the troops in the service of the United States at Niagara,
Oswego, and Sackets harbour? Without a supply of Camp
equipage they will be unable to pursue any offensive operations
or even to move at any great distance from their Barracks. I
have directed Genl. Wadworth to reinforce Col. Swift at Niagara
& other Genls. to reinforce the other Detachments with a suffi-
cient force to act offensively and I presume they will do so when-
ever a supply of Camp equipage shall be furnished. Should
you not feel yourself authorised to forward the requisite supply
in that direction, allow me in behalf of the U. S. to inquire
whether, if I shall become responsible on behalf of the State,
either return them in good order when required, or to pay for
them what they cost the U. S. or to return new ones in their
stead, you will be willing to permit me to take & forward a suffi-
cient number of the tents &c. belonging to the United States to
accommodate the Detachments last mentioned.
A large number of waggons are to leave this today for Lake
Champlain & Geneva ,with State Stores & I could wish tents,
knapsacks & camp kettles might go with them.
The Honbl. Morgan Lewis.
644 ^ANNUAL REPORT OP THE
CANNON BALL ORDERED FROM WHITEHALL TO PLATTSBURGH BY
WATER.
Albany, June 26, 1812.
Sir: Please to deliver to Major John Mills or his order the
Cannon ball belonging to the State of New York and stored in
your care at Whitehall & be pleased also to aid him in procur-
ing a conveyance for them by water to Plattsburgh.
Mr. Proudfit or whom it may concern.
J. VANDER BOGERT PERMITTED TO SEND A SUBSTITUTE.
Albany, June 27, 1812.
Sir: J. VanderBogert is I understand a contractor with the
Government for building boats for its use, and that the public
interests would suffer were he to be taken from home at pres-
ent; you are, therefore, at liberty to receive a substitute in his
place in the detachment of 10,500 men or to excuse him from
turning out with the Company when it may be called into serv-
ice, unless his contract with the Government shall have been
completed.
To the Captain of the Company of detached Militia in the City
of Schenectady.
GENERAL MORTON INFORMED THAT THE FORTIFICATION COMMISSION
IS INVESTED WITH FULL POWER.
Albany, June 27, 1812.
Dear Sir : I have this moment received your letter dated the
25 Instant and have just time to reply that I have transmitted
under cover to Mr. Clinton, Twenty five thousand dollars in
anticipation of such measures as you suggest, being necessary
STATE HISTORIAN. 645
to be taken; and I hereby vest the Commissioners with all the
power and discretion in the application and expenditure of it
which by law is vested in me.
Genl. Morton.
THE GOVERNOR BELIEVES HE SHOULD REMAIN IN ALBANY UNTIL THE
ARRIVAL OF A UNITED STATES OFFICER.
Albany, June 28, 1812.
Dear Sir: I will thank you to cause the enclosed letters &
orders with such alterations as you may think proper to be
copied and transmitted immediately. The business of your
department will undoubtedly be burdensome and arduous whilst
the troops & preparations of the General Government are ineffi-
cient. I have taken the best precautions in my power for the
Western & Northern Frontiers & have ordered out additional
portions of the Militia in each direction. I am desirous of
coming to New York but the necessity of remaining here until
General Dearborn or some U. States officer shall arrive who can
make me acquainted with the assistance which I am to expect
from the General Government or who can yield me some assist-
ance is so self evident that I should consider my departure now
from this place a dereliction of duty. I am besides under the
necessity of providing and forwarding the requisite supply of
arms, ammunition & Camp equipage towards the Frontiers. The
Frontier Inhabitants rely upon the State for the needful supply
of such articles. Besides I do not know that I could be of any
service in New York, there being abundance of General officers
and Engineers on the spot and supplies belonging to the U.
States and State adequate I hope to every emergency which may
happen.
646 ANNUAL REPORT OP THE
I shall be under the necessity of inviting you to Albany as
soon as I shall find my continuance here to be indispensible.
Should I be able to go to New York you will not be required to
come to this place.
I have written the orders and letters enclosed under a great
pressure of care & business & therefore request that you will
not consider the authority to alter and correct them as a merely
formal one. Besides those for the Major Generals you will
make one sett of copies for General Bloomfield which you will
enclose in the letter directed to him & then sceal & deliver it.
If you knew how I have to work myself you would think lightly
of the extraordinary trouble when I hereby impose upon you.
I was uncertain whether the directions for the Major Generals
should be in the shape of letters or Genl. orders. I made them
letters at first and then changed them to General Orders. Hence
their mongrel appearance. You must make them General
Orders or letters at your discretion and controul the phraseology
& substance accordingly. You must not consider this a merely
formal discretion, but one which I design you to exercise with
the utmost liberality.
Adjutant Genl. Paulding.
SUSPICIOUS CONDUCT OF VOSBURGH, THE EXPRESS CARRIER,
Albany, June 29, 1812.
Sir: I have iust received an express from Ganandaiguay
informing me that Vosburgh from this Gity, was arrested on his
return from Queenstown in Canada where he had been as
express with Foster's dispatches. Those dispatches were dated
STATE HIST.. in AN. <U7
June 17 at Washington & arrived in this City on Sunday morn-
ing 21 June, from whence they won- forwarded by Vosburgh as
Express; McTavish of I In- house of Caldwell, Fraser & Co. of iliis
City — a Mr. Hart, £ a certain Solomons were the persons con-
cerned in this City. The Recorder has summoned them before
him & I am just informed that Mr. McTavish, upon his examina-
tion declares that he received the letters from Samuel Corp of
jour City and supposed them to be mercantile only. But Vos-
burgh declares in his affidavit, taken at Canandaigua, that the
envelope sent from this City contained information of a declara-
tion of War, and that Mr. Clark of Lewistown, to whom he
delivered it so declared before he had opened the enclosed letter
of Foster. I give you this information with respect to Mr. Corp,
that you as Mayor of the City of N. Y., may make enquiry into
his conduct, and participation in aiding and abetting, when he
knew war was declared, the minister of the enemy in forwarding
information thereof to the British Garrisons to enable them to
attack our troops unprepared and unadvised of the event, if you
should think such enquiry proper and likely to be beneficial.
The Honbl. DeWitt Clinton.
ROBERT COOKS A CANDIDATE FOR MILITARY HONORS.
Albany, June 29, 1812.
Dear Sir: As you -are well acquainted with our mutual friend,
Mr. Robert Cocks, I transmit his recommendation of Mr. Telfair
to you with request that you will present Mr. Telfair as a Candi-
date at the War office with such favourable representations as
the letter of Mr. Cocks will justify. The utmost confidence may
be placed in his assurances.
G48 ANNUAL REPORT OF THE
The recommendation of Dr. Everitt also enclosed is subscribed
by the most respectable characters of the Town of Schodackr
Rensselaer County. Will you be so kind as to have his name
also entered upon the list of Candidates at the War Depart-
ment.
The Honbl. Samuel L. Mitchill.
COLONEL CLARK SUPPLIED WITH THE GOVERNOR'S ORDERS AND COR-
RESPO'NDENCEi RELATING TO THE CHAMPLAIN FRONTIER.
Albany, June 30, 1812.
Dear Sir: The enclosed will make you acquainted with all my
orders, correspondence & proceedings relative to the protection
of the Lake Champlain Frontier. I have directed the Militia
officers of this State to keep up a communication with the Ver-
mont shore for the purpose of mutual assistance and safety;
and I have likewise calculated upon your willingness to aid in
the conveyance to Plattsburgh of the Troops and Military Stores
belonging to this State, which may go by Burlington & have,
therefore, taken the liberty of referring the agents to you for
that purpose. Any arrangements which Genl. Mooers of Platts-
burgh shall make with you, will be approved by me and at the
same time, I must assure you that everything in my power shall
be performed to render the Canadian Frontier on each side of
the Lake secure from the Incursions of the enemy; and for that
purpose I invite you to a prompt & free communication of every
information and matter which may in your opinion render my
exertions serviceable.
Col. Isaac Clark.
STATE HISTORIAN. 649
FORTIFICATIONS ON : DENISES POINT AT THE NARROV
Albany, June 30, 1812.
Dear Sir: I have received your communication covering
resolutions of the Corporation upon the subject of defence of
New York. The request that I would cause temporary works
to be thrown upon Denise's Heights* has, I presume, been com-
plied with by the ample discretion which was vested in the
Commissioners by my last letter. Should there be any further
instructions or power that I can give, which will be useful I will
thank you to notify me.
The Honbl. DeWitt Clinton.
THE GOVERNOR NOTIFIES GOVERNOR GALUSHA IN DETAIL OF WHAT
HE HAS DONE.
Albany, June 30, 1812.
Sir: I have just received your letter dated this morning
together with a dispatch from Col. Clark. It will perhaps be
most satisfactory to answer it by furnishing you with copies
of the communications which I have received & of the letters
and orders which I have predicated upon those Communica-
tions.
No. 1. Is a copy of the first official information given to me
of the declaration of war. I received it on Tuesday night at
eleven o'clock & before three in the morning had expresses in
motion towards Niagara — Oswego, Sackets Harbour & Platts-
burgh. By the latter, without waiting for any orders from the
General Government, Major Genl. Mooers of Plattsburgh &
Brigadier Genl. Petit of Washington County were empowered
*On the Long Island Shore north of the present Fort Hamilton. See Map, Volume I,
Tompkins Papers, opposite page 55.
650 AifNUAL REPORT OF THE
to call out the detached Militia from Washington, Essex, Clin-
ton, & Franklin Counties. Copies of my letters to them are
enclosed & marked No. 2 & 3.
I had, therefore, caused to be stored in deposits at Platts-
burgh Clinton County & Elisabethtown Essex County the fol-
lowing quantities of Arms & Military Stores vizt. —
630 Muskets; 480 Cartridge boxes; 11,000 Musket Cartridges
16 to the pound; 1000 Flints; 2 Brass three pounders, with ram-
mers ladles, sponges & Wadhooks; 200 Cannon balls for four
pounder; 200 Cannon balls for three pounder; 8 Quarter Casks
of powder.
On the 26th Instant I sent off to Plattsburgh by the way of
White Hall an additional supply of articles belonging to the
State comprehending the following articles:
1000 Muskets; 480 Cartridge boxes; 16,000 rounds of fixed
ammunition 18 to a It) ; 9000 rounds of fixed ammunition 16 to a
lt>; 10,800 Musket balls; 40 Casks of powder; 3000 Flints; 350
krapsacks; 100 Camp kettles; 1 Coil of slowmatch; 9 Reams of
Cartridge paper.
With these a quantity of Cannon ball lying at White Hall and
4 Field pieces from Col. Thome's Regiment of Artillery were to
proceed from White Hall (see No. 4). The articles went under
charge of Major John Mills a copy of whose instructions are
enclosed & marked No. 5.
On the day of Major Mills' departure I received from Major
Genl. Dearborn the Communication marked No. 6 &, thereupon,
issued orders for detaching one Company of Artillery (No. 7) —
one company of cavalry (No. 8) & the Detachments from Wash-
ington, Essex, Clinton & Franklin (No. 9-10-11-12 & 13). My
answer to Genl. Dearborn is marked No. 14.
STATE HISTORIAN. 651
On the 29th Instant Captain Campbell left this with 140
tents— 60 Camp Kettles & 40 pails, & with an advance of 2000
Dollars to accomodate & defray the expences moving on the
detachments from Washington and Essex Counties to Platts-
burgh with authority to draw on me for further sums. The
precise number of men which those detachments, and Militia of
Franklin & Essex Counties and the regular troops at Platts-
burgh will make, I cannot tell, but, I feel a hope that they will
be adequate to present emergencies & that the arms & ammu-
nition with which they are supplied by the State of New York
are ample to equip and qualify them for defensive operations
at least.
The whole of the above mentioned supply is furnished by the
State of New York, except the tents & those I took without any
i
order for the purpose and upon becoming personally respon-
sible, therefor, to the keeper of the Military stores of the
United States at this place.
You will see by my letter to General Mooers, that I have
directed him to cause a regular communication to be kept up
with the troops on the Vermont side of the Lake so that mutual
assistance may be given. I had also mentioned as you will see
to refer the Agents who accompany the detachments to Col.
Clark for any assistance in his power which I did not doubt he
would render.
After perusing the enclosed, I will thank you to send them on
to Col. Clark, that he may be fully advised of the measures
which have been pursued by me for the protection of the Fron-
tier on the New York side of Lake Champlain. Permit me at
the same time to tender you an assurance of my readiness to
unite with you in the adoption of any further measures which
652 ANNUAL REPORT OF THE
the security of the Inhabitants on the Canada Frontier may
require.
His Excellency Gov. [Jonas] Galusha, [of Vermont].
THE CASE OF VOSBURGH.
Albany, July 1, 1812.
D'r Sir: The persons implicated in sending Vosburgh to
Canada with Despatches for the enemy have been examined..
The uncertainty arising from that examination whether the
Mission " was a public one or merely Mercantile, only
induces me to recommend his discharge upon entering into a
recognisance to appear at the next Court of Sessions or oyer
and terminer in Albany to answer for a misdemeanor. A State
officer cannot take bail for Treason.
Major J. R. Mullany.
JAMES WATSON OFFERED THE POSITION OF ASSISTANT COMMISSARY,
FLEMING DECLINING.
Albany, July 2, 1812.
Dear Sir: I will thank you to come down to Albany imme-
diately & to receive instructions as- assistant Commissary of
Military Stores. Lt. Col. Fleming who was appointed has
declined accepting & prefers being where he is. If you choose
the office I shall assign you to act in it.
Mr. James Watson.
;l
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