rout, & the Garrisons of Venango Presqu' Isle &c having destroyed their forts, are returned to Detroit. This is the consequence of the Treaty at Easton (by which the Senecas were brought over to the English Intrest) improved and matured by General Amherst and S William Johnson, I am, My Lords, your Lordships most FRA BERNARD Order of the Council of New York for the Arrest of Sussex County Men for Alleged Trespass-Northern Boundary Dispute. [From New York Colonial MSS., Vol LXXXVII, fol. 127.] Province of New York ss. At a Council held at Fort George in the City of New York on Thursday the Eleventh day of October 1759. PRESENT The Honble James De Lancey Esqre Lieu Governor and Commander in Chief of the said Province & Ca Mr. Kennedy Mr. Horsemander Mr. Chambers Mr Smith. Mr. Watts Mr. Walton Whereas it appears by the Petition of William Cutteback and Philip Swartwout,' in behalf of themselves This petition precedes this document. petition, dated February, 1761. See post. The statements are repeated in the and Anthony Westbrook and Peter Gomar, owners and Possessors of Lands at Machacomack, lying partly within the County of Ulster and partly in the County of Orange; and by the affidavits of John Morin Scott and the said William Cutteback and Philip Swartwout now read at this Board; That in the year 1755 four Ejectments were commenced in the Supreme Court of the Province of New Jersey in the Name of James Strong, on the Demise of Cornelius Westfall, against John Turnout, for the Recovery of Land in the possession of or belonging to Jacobus Swartwout, Father of the Petitioner Philip Swartwout, and to the said Petitioner William Cutteback, Anthony Westbrook and Peter Gomar, which Lands all lye at Machacamack aforesaid, with the ancient and long exercised jurisdiction of this his Majesty's Province of New York, and have been held by the said Tenants and owners and those under whom they claim, by grant of this Government ever since the Settlement of that part of the Country near, if not upwards of Sixty years, and lie within this Province at the Distance of at least Fifteen Miles Northeastward of Minissink Island. That the said Tenants and owners of the said Land being convinced that the same do lye within this his Majesty's Province of New York, did by John McEvers and John Morin Scott Esqres, their Council, in due form of Law put in Pleas to the Jurisdiction of the said Court, with Affidavits to support the same. That since the fyling of the said Pleas, near four years have elapsed, and no Proceedings whatever were had in the said Causes, till on the 7th day of September last, at which time (the said Jacobus Swartwout being Dead and the Petitioner Phillip Swartwout in posession of the Lands held by his Father in his life time) one Petrus Smoke who called himself Sheriff of Sussex County in the Province of New Jersey, with Eleven other persons pretending to be Inhabitants of New Jersey, but in fact being all or most of them Posessors of Lands within the ancient and long exercised Jurisdiction of this Province, whose names are Abraham Vanaken, Abraham Westbrook, Solomon Cuykendall, Cornelius Cole, Bryan Hammel, James Clark, Jurian Westfall, Jacobus Vanaken, Simon Westfall, Matthew Terwilliger and Jacob Westfall, came to the House of the Petitioner, Philip Swartwout, forcibly ousted the said Philip Swartwout out of his possession by turning him and his Family and all his Cattle and Household Furniture, and everything else belonging to him out of the House and Lands so possessed by him: although neither he nor his said Father had ever had any opportunity of being heard by Council in support of the said Plea. That the possession of the said Philip Swartwout is the Southernmost possession within this Province, that has been held against the Encroachments of New Jersey; and during all the present War, part of the Troops in the service of this Province for the defence of the Western Frontiers have been posted at his House, as being within this his Majesty's Province of New York. That the said Philip Swartwout having fitted and prepared his Land for Seed before the Ouster abovementioned, was reduced to the Necessity, rather than loose all the Fruit of his Labor for the present year, of sheltering himself and his Family in a small Kitchen on the said Lands, where he lives at the Mercy of those, who have ejected him, and has sowed a small part of his Lands at shares with them. That the Persons who represent the Right of the said Cornelius Westfall the Lessor of the Plaintif (who died near three years ago) have threatened to take the like Steps in the other three Causes immediately after the next Term in New Jersey. And therefore the Petitioners humbly pray in behalf of themselves, and those whom they represent, the Protection of this Government and such Relief in the Premises as shall be thought meet. It is therefore Ordered by his Honour the Lieutenant Governor, by and with the Advice and Consent of the Council, that the High Sherif of the County of Orange, Do and he is hereby Commanded, forthwith to apprehend the said Petrus Smoke, Abraham Vanaken, Abraham Westbrook, Solomon Cuykendall, Cornelius Cole, Bryan Hammel, James Clark, Jurian Westfall, Jacobus Vanaken, Simon Westfall, Matthew Terwilliger and Jacob Westfall, if found on the Lands lately possessed by the said Philip Swartwout, from the possession whereof he has been ousted as aforesaid, or each and every of them, who shall be found on the said Lands; and also to apprehend any other Person or Persons, who now withhold the possession of the said Lands from the said Philip Swartwout and shall be found thereupon; and to put the said Philip Swartwout into the Possession of the House and Lands, from whence he hath been ousted as aforesaid: and the said Sherif is hereby further Commanded to keep each and every of the Person or Persons so apprehended as aforesaid, in safe Custody and to bring each and every of their Bodies to the City of New York, and there to deliver them to the High Sherif of the City and County of New York, who is hereby Commanded to receive the Body or Bodies of every such Person or Persons so apprehended and brought to him as aforesaid and to keep each and every of them in safe Custody, in order to be examined before this Board touching the Premises aforesaid, or until delivered by due Course of Law, And the said Sherif is hereby Commanded if needful and necessary to raise the Posse Comitatus or Power of his County to assist in the Execution of this Order. Novemb' ye 9th 1759 GEO BANYAR D Cl Con. I Have Executed the Above Order of Council and put Philip Swartwout Into possession of the House and Lands from which he was Ousted. DANLL EVERETT Sheriff. Letter from the Sheriff of Orange County, returning the Above Order. [From New York Colonial MSS., fol. 141.] GOSHEN Novemb' ye 11th 1759 Yours of the 11th of October I have Received With the Inclosed Order of Councill Which I Have Executed on the Ninth Instant By putting Phillip Swartwout into possession of the House and Lands From Which he was Ousted; I met with no Opposition nor Found no person on the premises, But a Woman and Five Children, Whome I Ousted, You Will Be Good Enough to Acquaint His honour the Governor with what I Have Done in the Affair and You Will Oblige your Most Obedt humble Servant (Addressed:) DANLL EVERETT. To Geo. Banyar Esqre Deputy Secrets of the Province of New York. Read in Council the 20 Nov. 1759. |