CHAPTER VIIAFTER THE WAR

Dear SirI have just had an information of a score of Sheep in the hands of one Josiah Swift Rented to him By a person who Hath Been Sundry yearswith the Enemy and Likewise Sum Cattell in the Hands of Henry Charlick which Belonged to one Ellston which the Bearer can inform you of, and the Bearer is the person who moved Ellston’s wife and family and John Millars and wishes that the Discovery he had maid of those Cattel might be an inducement to the Commisoners to give him Sum Satisfaction for moving the 2 families Down to the Linesam Sir your very humble ServantHenry LudintonTo Theodorus Van wayk EsqsP S I believe I am on track of a very Considerable deal of property conseald Belonging to Kain and Morison

Dear Sir

I have just had an information of a score of Sheep in the hands of one Josiah Swift Rented to him By a person who Hath Been Sundry yearswith the Enemy and Likewise Sum Cattell in the Hands of Henry Charlick which Belonged to one Ellston which the Bearer can inform you of, and the Bearer is the person who moved Ellston’s wife and family and John Millars and wishes that the Discovery he had maid of those Cattel might be an inducement to the Commisoners to give him Sum Satisfaction for moving the 2 families Down to the Lines

am Sir your very humble Servant

Henry Ludinton

To Theodorus Van wayk Esqs

P S I believe I am on track of a very Considerable deal of property conseald Belonging to Kain and Morison

This letter was addressed to “Theodorus Vanwayk Esqs pr Mr. Daniel Haselton For want of wafer this is not seald”.

The sternness of the dealings of the State with British sympathizers was strikingly shown in the law which was made by the State Convention on October 22, 1779, which ran in part:

Whereas during the present war … divers persons holding or claiming property within this State have voluntarily been adherent to the King, his fleets and armies, enemies of this State … whereof the said persons have severally and justly forfeited all right to the protection of the State and the benefit of laws under which property is held or claimed … Be it enacted thatthe said several persons hereinbefore particularly named shall be and are hereby declared forever banished from this State, and each and every one of them who shall at any time hereafter be found in any part of this State shall be and are hereby declared guilty of felony, and shall suffer death as in cases of felony, without benefit of clergy.

A mahogany table belonging to Colonel Ludington, at which, according to family tradition, Washington and Rochambeau dined.(Now in the possession of Charles Henry Ludington)

A mahogany table belonging to Colonel Ludington, at which, according to family tradition, Washington and Rochambeau dined.

(Now in the possession of Charles Henry Ludington)

Fredericksburgh and the neighborhood were frequently traversed by officers and bodies of troops, especially in making the journey from Hartford and New Haven to Fishkill. Washington himself often made that journey, and was a familiar guest at ColonelLudington’s house. On one occasion Washington and Rochambeau, on their way from Hartford to Fishkill, called there for dinner.

In the journal of Captain William Beatty, of the Maryland Line, the following entry occurs under date of Sunday, September 20, 1778:

“We marched about four miles past Fredericksburgh, where we lay until the 22nd, on which day our division marched about 12 miles towards Fishkill. At this place we lay until the 28th, when we marched to Fishkills.” It seems probable that on this march the troops, presumably under Baron De Kalb, passed by Colonel Ludington’s house, and were halted there for the two days mentioned. If so, their stopping there and paying in scrip for the food supplied by the Ludingtons form the basis of the tradition in the Ludington family, that at one time Colonel Ludington received so much depreciated currency from the soldiers that he scarcely knew what to do with it, and finally stored it under the floor boards of his house for safe keeping. Mrs. Ludington collected it from the soldiers in her apron, and got her apron running over full. Long afterward Colonel Ludington burned a trunkful of the stuff, as worthless litter.

The Ludington house, standing, as before mentioned, on the great highway from Hartford to the Hudson, was often resorted to by travelers as an inn, and while the British held New York City, the greater part of all travel between New England and the other colonies passed that way. William Ellery,of Massachusetts, a signer of the Declaration of Independence, traveled that road and stopped at Colonel Ludington’s in the fall of 1777, on his way from his home at Dighton, Massachusetts, to York, Pennsylvania, to attend the session of the First Continental Congress. He was accompanied by the Hon. Francis Dana and his servant, whom he calls, in his whimsical diary, respectively Don Quixote and Sancho Panza, while to himself he gives the title of Pill Garlick. Under date of “Road to Danbury, Nov. 5th,” he records:

We intended when we reached Litchfield to have gone to Peekskill, and there crossed the North River, but when we got to Danbury we were dissuaded from it by the Person at whose house we breakfasted, who told us that there were Tories and Horse stealers on that road. This account occasioned us to take the Fishkill road. Accordingly we set off, baited at the foot of Quaker Hill, about 7 miles from Danbury, and reached Colonel Ludington’s 8 miles from the foregoing stage at night. Heremens meminisse horret! We were told by our landlady the Col. was gone to New Windsor, that there was a guard on the road between Fishkill and Peekskill, that one of the guard had been killed, about 6 miles off, and that a man not long before had been shot at on the road to Fishkill not more than three miles from their house and that a guard had been placed there for some time past, and had been dismissed only three days. We were now in a doleful pickle, not a male in the house but DonQuixote and his man Sancho and poor Pill Garlick, and no lodging for the first and last but in a lower room without any shutters to the windows or locks to the doors. What was to be done? What could be done? In the first place we fortified our Stomachs with Beefsteak and Grogg and then went to work to fortify ourselves against an attack. The Knight of the woeful countenance asked whether there were any guns in the house. Two were produced, one of them in good order. Nails were fixed over the windows, the Guns placed in a corner of the room, a pistol under each of our pillows, and the Hanger against the bedpost, thus accoutered and prepared at all points our heroes went to bed. Whether the valiant Knight slept a wink or not, Pill Garlick cannot say, for he was so overcome with fatigue, and his animal spirits were so solaced with the beef and the grogg, that every trace of fear was utterly erased from his imagination and he slept soundly from evening till morning, save that at midnight, as he fancieth, he was waked by his companion, with this interesting Question, delivered with a tremulous voice, “What noise is that?” He listened and soon discovered that the noise was occasioned by some rats gnawing the head of a bread cask. After satisfying the Knight about the noise, he took his second and finishing nap.

Again, in Colonel Israel Angell’s diary, cited by Mr. Patrick, we find:

29th Nov, 1779. This morning after breakfast I got my horses Shodd, Crost the North River over to fishkill. Went on for Danbury, ColGreene and Mr. Griffen. Greene went for Springfield so we parted about six miles from fishkill, but Still could get nothing for our horses, till riding ten or twelve miles, there Dind and fed our horses, then went to Colo Luttentons Tavern among the Mountains 21 miles from fishkills there put up for the night. One of Col. Livingston’s Officers came to this Tavern in the Evening on his way home on a furlough.Nov. 30th, 1779. Left my lodgings this morning after breakfast went on for Danbury.

Nov. 30th, 1779. Left my lodgings this morning after breakfast went on for Danbury.

It is probable, indeed, that for a time Washington himself made Colonel Ludington’s house his headquarters. In the late summer and fall of 1778 he had his army in that region, and made his own headquarters at Fredericksburgh, as related by Irving and Lossing. He wrote, under date of Fredericksburgh on September 12 and 23, describing the disposition of his army, “the second line, with Lord Sterling, in the vicinity of Fredericksburgh.” He was there with the exception of a week from September 12 to the end of November. Part of the time his headquarters were at the house of John Kane—also spelled Kain and Keane. This house stood on the site since occupied by the house of Mr. Charles H. Roberts, at Pawling, and was a large house, connected by a stone-walled passageway with another large stone building, the ground floor of which was used as a store and the upper story for dwelling purposes. The land was a part of Beverly Robinson’s estate. Kane, of whom mention has already beenmade in Colonel Ludington’s correspondence, was a Tory and was particularly obnoxious to the patriots. Under the law of October, 1779, his estate was confiscated, and he, a dignified and venerable magistrate, was tied to the tail of a cart and drummed out of town.

Reduced Fac-simile of Letter, from Governor George Clinton, to Col. Henry Ludington.(Original in possession of Charles H. Ludington, New York City)

Reduced Fac-simile of Letter, from Governor George Clinton, to Col. Henry Ludington.

(Original in possession of Charles H. Ludington, New York City)

We have already quoted correspondence between Governor Clinton and Colonel Ludington, showing the difficulties which were encountered in raising troops for various services. As time went on these difficulties increased rather than diminished, so that now and then the governor was impatient at the unavoidable delay. Thus he wrote on one occasion as follows:

Pokeepsie 9th June 1779.Sir,I wrote to you a few Days ago requesting you to expedite the raising of the Levies to be furnished by your Regiment but as I have not since heard from you I conclude the Letter has miscarried. I have now therefore to repeat my Orders that your Quota be raised with all Dispatch and marched down under the Command of an active subaltern to join the Detachment from Major Crane’s and Colo. Drake’s Regimts (stationed at Crompond, to cover the Country there from the Depredations of the Enemy) until my further Orders.I will send an Officer to relieve, as soon as possible, the subaltern you shall appoint for this service.As I think it more than probable that I shallbe under a Necessity of employing the Levies from your Regiment, in the Quarter to which they are now directed, I expect it will be an Inducement to the Officers to exert themselves in raising them and that the Men may more easily be obtained. I have only to add that I expect also a speedy and effectual Compliance with these Orders and that you will make me immediate Report of what shall be done in consequence of them.I am SirYour most obedGeo. Clinton.Colo. Ludington.Public Service,Geo. Clinton.To Colo. Henry Ludington Fredericksburgh. By Express.

Pokeepsie 9th June 1779.

Sir,

I wrote to you a few Days ago requesting you to expedite the raising of the Levies to be furnished by your Regiment but as I have not since heard from you I conclude the Letter has miscarried. I have now therefore to repeat my Orders that your Quota be raised with all Dispatch and marched down under the Command of an active subaltern to join the Detachment from Major Crane’s and Colo. Drake’s Regimts (stationed at Crompond, to cover the Country there from the Depredations of the Enemy) until my further Orders.

I will send an Officer to relieve, as soon as possible, the subaltern you shall appoint for this service.

As I think it more than probable that I shallbe under a Necessity of employing the Levies from your Regiment, in the Quarter to which they are now directed, I expect it will be an Inducement to the Officers to exert themselves in raising them and that the Men may more easily be obtained. I have only to add that I expect also a speedy and effectual Compliance with these Orders and that you will make me immediate Report of what shall be done in consequence of them.

I am Sir

Your most obed

Geo. Clinton.

Colo. Ludington.

Public Service,Geo. Clinton.

To Colo. Henry Ludington Fredericksburgh. By Express.

Colonel Ludington was, however, more successful in securing recruits than some other militia commanders in that region. Colonel Roswell Hopkins, at Amenia, seems to have met with many troubles, which ultimately led to his resignation of his commission. In the summer of 1780 much trouble arose over trafficking in certificates of exemption, and this correspondence took place:

Amenia, July 12th, 1780.Sir, In Obedience to Brigade Orders of the 30th ult. I now return to your Excellency thenumber of Classes in my regiment for raising the present Levies for three months; the number is Sixty-two; the men are to be Delivered the 14th Instant at Major Cook’s & the 15th at Capt. Roger Sutherland’s to such Officer as your Excellencey shall appoint. I am, Sir, your most obedient Hum. Serv’t,Roswell Hopkins,Colo.His Excellency Gov’r. Clinton.

Amenia, July 12th, 1780.

Sir, In Obedience to Brigade Orders of the 30th ult. I now return to your Excellency thenumber of Classes in my regiment for raising the present Levies for three months; the number is Sixty-two; the men are to be Delivered the 14th Instant at Major Cook’s & the 15th at Capt. Roger Sutherland’s to such Officer as your Excellencey shall appoint. I am, Sir, your most obedient Hum. Serv’t,

Roswell Hopkins,Colo.

His Excellency Gov’r. Clinton.

May it please your Excellency, We, the Subscribers, beg leave to inform your Excellency that Difficulties have arose in this Regiment respecting Exemption from Militia Drafts Certificates which have been transferred for a valuable Consideration by the procurer to another Person—that is whether the Purchaser of such Certificate is by act of the Legislature, Pass’d the 25th of March 1778, for Exempting persons from Drafts are as much exempted from Militia Duty as the first Procurers would be in case he had not transfer’d it. There being several such Instances in the Regiments and different Opinions in the Matter which is likely to produce uneasiness, and we being Inform’d that it has been the Practice in other Regiments to exempt the Purchasers of such Certificates. There is James Hildreth & Lemuel Brush—under this predicament the men that they purchas’d of have done duty in this regiment ever since they transfer’d their Certificates to the present Holders. As their appears to be no fraud or collusion respecting the said James Hildreth and Brush, we pray your Excellency’sadvice and Direction respecting such purchas’d Certificates which will oblige your Excellency’s Most Obedient Humble ServantsRoswell Hopkins,Colo.William Barker,Lt. Colo.Brinton Paine,Major.Eben. Husted,Maj’r.Amenia, July 12 1780.His Excellency Gov’r Clinton.

Roswell Hopkins,Colo.William Barker,Lt. Colo.Brinton Paine,Major.Eben. Husted,Maj’r.

Amenia, July 12 1780.

His Excellency Gov’r Clinton.

thes may sartify that I am knoing to the truth of what is in the above, as I then Commanded the Ridgment, & am knoing to theas 2 men mench’ed dus now due duty in the Ridgment.David Sutherland.

thes may sartify that I am knoing to the truth of what is in the above, as I then Commanded the Ridgment, & am knoing to theas 2 men mench’ed dus now due duty in the Ridgment.

David Sutherland.

Poukeepsie 13th July 1780.Sir, I am this Moment favoured with your two Letters of equal Date. His Excellency Genl. Washington in Consideration of the Busy Season of the year & other Reasons has prolonged the Day for the Levies to rendevous at Fishkill till 25th Instant. This I notified Brig’r Genl. Swartwoudt of by after Orders which I concluded he had issued to his Brigade. I will send an Officer to receive & take Charge of your men in Season to march them to the Place of Rendevous. This Delay I flatter myself will be agreable as they may be employed in gathering in the Harvests & it will afford them Time fully to prepare & provide themselves for the Campaign which is the more necessary as they are not to be relieved.I wish it was in my Power to relieve Mr. Brush & Hildridge as I believe they meant to act honestly & uprightly; but it is not as they have not proceeded agreeable to Law and none but such are exempted—neither am I vested with any Discretionary Power of determining in such Cases. I have explained myself more fully to Mr. Brush & am, Sir, your &c.(G. C.)(to Colonel Hopkins)

Poukeepsie 13th July 1780.

Sir, I am this Moment favoured with your two Letters of equal Date. His Excellency Genl. Washington in Consideration of the Busy Season of the year & other Reasons has prolonged the Day for the Levies to rendevous at Fishkill till 25th Instant. This I notified Brig’r Genl. Swartwoudt of by after Orders which I concluded he had issued to his Brigade. I will send an Officer to receive & take Charge of your men in Season to march them to the Place of Rendevous. This Delay I flatter myself will be agreable as they may be employed in gathering in the Harvests & it will afford them Time fully to prepare & provide themselves for the Campaign which is the more necessary as they are not to be relieved.

I wish it was in my Power to relieve Mr. Brush & Hildridge as I believe they meant to act honestly & uprightly; but it is not as they have not proceeded agreeable to Law and none but such are exempted—neither am I vested with any Discretionary Power of determining in such Cases. I have explained myself more fully to Mr. Brush & am, Sir, your &c.

(G. C.)

(to Colonel Hopkins)

A little later Colonel Hopkins had a lively experience with a press-master from Connecticut, which he reported to the governor—his letter being of interest for the picture which it gives of the times and customs in which Colonel Ludington was a participant:

Amenia Aug’t 19th 1780.May it please your Excellency, I beg leave to trouble your Excellency with a Remonstrance Concerning a certain Press-master, one George Tremble, who is a transient person that lives in Connecticut, who came to me on the 8th Instant and told me he wanted my team to carry forrage to the Fishkills. I told him my Circumstances was such that I could not let them go, for it would Ruin me for my wheat, about 130 bushels, all I had was in the field and it would spoil. My oats, 200 or 300 busshels all lay in the Swarth, and would be lost, for I had no help but one Son, and could not hire any man; my flax a fine Crop was all in the field and some hay in the meadow, and my grass lodged and rotting, but he said hecared not for that, but I should go myself with my team the next day. I told him if I could secure my grain I would send my son and team the next week, but he said I should go the next day. I told him I would not; he showed me a Coppy of a press warrent from your Excellency to Colo. Hay with a line from him on the back authorizing said Tremble to impress teams & drivers in this state.I told him that was no legal warrent to him; he rode off saying he would get a warrent for me, & then told all about he had got a warrent for me; but on the 14th he came again with a Sergeant & 8 men & entered my field, Siezed my son & confined him under guard, drove out my fatten oxen that I was fattening for the army, took my horses & forced my son to drive them with a lode of my own oats to the Fishkills, altho I consented if they must go they might carry my oats, he told me I was a disaffected Person, had done nothing to support the cause, held bad Princeples, was a dam’d Lyer and a dam’d Rascal.I have fined him for cursing; sued him for trespass & issued a warrant against him in order to bind him to his good behaviour & recorded a riot against him.I think its a pity that there is not a man in this Precinct County or state that can be trusted with a press warrant, but such an outlandish Irish, malicious, abusive fellow must be sent into this Precinct to press all the whiggs teams, & none in Charlotte, which is near 3 times as big, and half tories, for I cant learn of one being pressed there; after all the malicious fellow wrote a letter to Colo. Hay sent by the Soldiers that my teamCapt. Shepherd’s & Mr. Ingersoll’s teams were disaffected teams, and requested they might be kept in Service a month; he abused others besides me. I am, Sir, your most obedient Hum’e Serv’tRoswell Hopkins.P. S. One Stack of my wheat is spoiled being wet thro & grown & I shall loose about six tons of hay. R. H.His Excellency Governour Clinton.

Amenia Aug’t 19th 1780.

May it please your Excellency, I beg leave to trouble your Excellency with a Remonstrance Concerning a certain Press-master, one George Tremble, who is a transient person that lives in Connecticut, who came to me on the 8th Instant and told me he wanted my team to carry forrage to the Fishkills. I told him my Circumstances was such that I could not let them go, for it would Ruin me for my wheat, about 130 bushels, all I had was in the field and it would spoil. My oats, 200 or 300 busshels all lay in the Swarth, and would be lost, for I had no help but one Son, and could not hire any man; my flax a fine Crop was all in the field and some hay in the meadow, and my grass lodged and rotting, but he said hecared not for that, but I should go myself with my team the next day. I told him if I could secure my grain I would send my son and team the next week, but he said I should go the next day. I told him I would not; he showed me a Coppy of a press warrent from your Excellency to Colo. Hay with a line from him on the back authorizing said Tremble to impress teams & drivers in this state.

I told him that was no legal warrent to him; he rode off saying he would get a warrent for me, & then told all about he had got a warrent for me; but on the 14th he came again with a Sergeant & 8 men & entered my field, Siezed my son & confined him under guard, drove out my fatten oxen that I was fattening for the army, took my horses & forced my son to drive them with a lode of my own oats to the Fishkills, altho I consented if they must go they might carry my oats, he told me I was a disaffected Person, had done nothing to support the cause, held bad Princeples, was a dam’d Lyer and a dam’d Rascal.

I have fined him for cursing; sued him for trespass & issued a warrant against him in order to bind him to his good behaviour & recorded a riot against him.

I think its a pity that there is not a man in this Precinct County or state that can be trusted with a press warrant, but such an outlandish Irish, malicious, abusive fellow must be sent into this Precinct to press all the whiggs teams, & none in Charlotte, which is near 3 times as big, and half tories, for I cant learn of one being pressed there; after all the malicious fellow wrote a letter to Colo. Hay sent by the Soldiers that my teamCapt. Shepherd’s & Mr. Ingersoll’s teams were disaffected teams, and requested they might be kept in Service a month; he abused others besides me. I am, Sir, your most obedient Hum’e Serv’t

Roswell Hopkins.

P. S. One Stack of my wheat is spoiled being wet thro & grown & I shall loose about six tons of hay. R. H.

His Excellency Governour Clinton.

At the beginning of May, 1781, however, Colonel Hopkins gave up the struggle to maintain his quota of men in the field, and insisted upon resigning his commission:

Amenia, May 1st 1781.Sir, I wrote to your Excellency about a fortnight ago to acquaint you that the Classes of my Regiment were to Deliver their men yesterday, and requested an officer might be sent to recive them agreeable to general orders, but no man or orders came. I was greatly non-plushed & knew not what to do, but have mustered the men and ordered them to meet at Peleg Tabors near Mr. David Johnston, on Saturday this week at 10 O’clock, to march immediately off, when and where I hope your Excellency will give some one orders to take care of them. I fear they will not appear at that time as no one has the care of them. I fear they will desert, they have got their bounties.Sir, I must still insist on resigning my Military commission as I am wore out with thetrouble & expence of it. I think it unaccountable that the vacancies in my Regt. are not filled up, when I have made so many returns and requests, and have had no adjutant for near 2 years and orders to send to my Capts. very offen indeed. Sir, I desire if any officers are appointed this way to go with these Levies, I might be informed by the bearer who they be; pray excuse the want of Paper for I have wrote up 4 quire in a short time lately in orders &c. all gratis, and know not where I can get more. I have collected some money from the delinquent classes for during the war. I am, Sir, your most Obed’t Serv’tRoswell Hopkins,Colo.His Excellency Gover’r Clinton.

Amenia, May 1st 1781.

Sir, I wrote to your Excellency about a fortnight ago to acquaint you that the Classes of my Regiment were to Deliver their men yesterday, and requested an officer might be sent to recive them agreeable to general orders, but no man or orders came. I was greatly non-plushed & knew not what to do, but have mustered the men and ordered them to meet at Peleg Tabors near Mr. David Johnston, on Saturday this week at 10 O’clock, to march immediately off, when and where I hope your Excellency will give some one orders to take care of them. I fear they will not appear at that time as no one has the care of them. I fear they will desert, they have got their bounties.

Sir, I must still insist on resigning my Military commission as I am wore out with thetrouble & expence of it. I think it unaccountable that the vacancies in my Regt. are not filled up, when I have made so many returns and requests, and have had no adjutant for near 2 years and orders to send to my Capts. very offen indeed. Sir, I desire if any officers are appointed this way to go with these Levies, I might be informed by the bearer who they be; pray excuse the want of Paper for I have wrote up 4 quire in a short time lately in orders &c. all gratis, and know not where I can get more. I have collected some money from the delinquent classes for during the war. I am, Sir, your most Obed’t Serv’t

Roswell Hopkins,Colo.

His Excellency Gover’r Clinton.

Colonel Ludington also appears to have had many troubles and vexations at this time, though his “staying qualities” were superior to those of Colonel Hopkins. He wrote to the governor on the very day on which Colonel Hopkins resigned, as follows:

Fredericks Burgh, May 1st 1781.Honoured Sir, I was yesterday a Coming to wait on your Excellency, but hearing of my little Son (who is at School at Danbury) lying very dangerous with the plurisy, was obliged to turn my Course that way, for which Reason obliges me to commit my Errand in writing. Your Excellency no dought has been inform’d of our troubles of late in Regard of a large party of Robbers being for four weeks past near me in themountains, which has occasioned me in some measure of being behind hand in turning out my men for the nine months Service, for the chief part of my Regiment has been out ever since the Robbers came among us, And, Sir, were you to be fully acquainted with the Difficulty I now labour under you would think is impossible for me to do it, as I have but one field officer, which is Major Robinson who lives so near the lines that he has enough to take care of himself, The Circumstances of my wife and family renders it inconvenient for me to move immediately if I intend to save my life, or anything for my family’s support. My Captains seeing the Distresses that is daily comeing upon themselves by Reason of haveing their Sergents sued and torn to pieces for what Necessity required them to do among the tories, while we was under the authority of Committees, and many of their best men are beat and robbed by persons who say they are Refugees from below. It is only for them to call a man a tory, be him ever so good a man, himself, wife and Children get beat in such a manner that he’s obliged to turn out his Substance to save their lives. And at best the Regiment are verry poor when compared with other Regiments and are call’d on to raise an eaquil number with the others, when I can affirm that ten farmers in Coll. Brinckerhoff’s Regiment is able to purchase the whole of mine. In this uneaquil way, I have been obliged to turn out my men untill they are so much impoverish’d that they almost dispair.It seems the power of Earth and Hell was let loose against me and my Regiment. Even one of the most abandant Ruffins is indulged to holdme up to public view for Cowardice, for challenging him to fight a Duel. It is what I never thought on, neither did he think I did, but was let loose upon me by the Instigation of a set of Ruffins who Conspired together to take my life, and I knowing this Kees to be a transient person who had neither Connection, Credit, Money or friends, nor no place of Residence here, that it was out of my power to get Recompence from such a fellow as he, unless it was by giveing him a floging, and that he had put out of my power by Secreting himself. This being my Situation shall expect from your Excellency some Directions and advice by a line what will be best for me to doe. I something expect that General Swartwout will wait on you this day, who will be able to state some of the Difficulties I have mentioned and whether it will not be best to anex my Regiment to some other Regiment, or give me some field officers, who in time of turning out my men will be better able and more willing to assist me.Am, Sir, with due Regard your Excellency’s Most Obed’t and verry Hum’e Serv’tHenry Ludinton.His Excelency George Clinton, Esqr.

Fredericks Burgh, May 1st 1781.

Honoured Sir, I was yesterday a Coming to wait on your Excellency, but hearing of my little Son (who is at School at Danbury) lying very dangerous with the plurisy, was obliged to turn my Course that way, for which Reason obliges me to commit my Errand in writing. Your Excellency no dought has been inform’d of our troubles of late in Regard of a large party of Robbers being for four weeks past near me in themountains, which has occasioned me in some measure of being behind hand in turning out my men for the nine months Service, for the chief part of my Regiment has been out ever since the Robbers came among us, And, Sir, were you to be fully acquainted with the Difficulty I now labour under you would think is impossible for me to do it, as I have but one field officer, which is Major Robinson who lives so near the lines that he has enough to take care of himself, The Circumstances of my wife and family renders it inconvenient for me to move immediately if I intend to save my life, or anything for my family’s support. My Captains seeing the Distresses that is daily comeing upon themselves by Reason of haveing their Sergents sued and torn to pieces for what Necessity required them to do among the tories, while we was under the authority of Committees, and many of their best men are beat and robbed by persons who say they are Refugees from below. It is only for them to call a man a tory, be him ever so good a man, himself, wife and Children get beat in such a manner that he’s obliged to turn out his Substance to save their lives. And at best the Regiment are verry poor when compared with other Regiments and are call’d on to raise an eaquil number with the others, when I can affirm that ten farmers in Coll. Brinckerhoff’s Regiment is able to purchase the whole of mine. In this uneaquil way, I have been obliged to turn out my men untill they are so much impoverish’d that they almost dispair.

It seems the power of Earth and Hell was let loose against me and my Regiment. Even one of the most abandant Ruffins is indulged to holdme up to public view for Cowardice, for challenging him to fight a Duel. It is what I never thought on, neither did he think I did, but was let loose upon me by the Instigation of a set of Ruffins who Conspired together to take my life, and I knowing this Kees to be a transient person who had neither Connection, Credit, Money or friends, nor no place of Residence here, that it was out of my power to get Recompence from such a fellow as he, unless it was by giveing him a floging, and that he had put out of my power by Secreting himself. This being my Situation shall expect from your Excellency some Directions and advice by a line what will be best for me to doe. I something expect that General Swartwout will wait on you this day, who will be able to state some of the Difficulties I have mentioned and whether it will not be best to anex my Regiment to some other Regiment, or give me some field officers, who in time of turning out my men will be better able and more willing to assist me.

Am, Sir, with due Regard your Excellency’s Most Obed’t and verry Hum’e Serv’t

Henry Ludinton.

His Excelency George Clinton, Esqr.

The governor regarded Colonel Ludington’s request for more officers as reasonable, and promptly complied with it as follows:

Sir, In Answer to yours of the 1st Instant I have to inform you that Lieuts. Johnson, Duel & Becker of your Regt. are appointed Officers inthe Levies. These will have orders to receive & march your Quota to the Place of Rendevouz. The last I received from you I answered a Day or two after it came to Hand. My Letter was forwarded by Judge Paine. If you apply to the Secry. I imagine you will find that the appointments for your Regt. agreable to your Return have long since been perfected. Agreable to a Notification in the public News Papers the Council mett at this Place on the 26th Instant. It would have been proper to have applied to them at that Time either to have had the vacancies in your Regt. filled up or to have made your Resignation as they only have the Power of doing the former or of accepting of the latter. I am &c.(G. C.)There may be some other gentlemen residing within your Regt. appointed officers for the Levies but of this I cant be certain as I am neither acquainted with its Limits or their Places of Residence. (To Colonel Ludinton.)

(G. C.)

There may be some other gentlemen residing within your Regt. appointed officers for the Levies but of this I cant be certain as I am neither acquainted with its Limits or their Places of Residence. (To Colonel Ludinton.)

A fortnight later new orders as to the distribution of levies were issued. Colonel Ludington was to be retained on duty in Westchester County, where he was much needed. But a sharp controversy arose over his alleged dilatoriness in raising his quota of men. These letters indicate the general trend of affairs at that time:

Fishkeels 13th May 1781.D’r Governor, I have just Returnd from three days fortague receving Colo. Vanderburgh Levies.I beg to no what part of Ulster County I shall derect that part of the Levis to purposed for that Quarter. I have proposed Capt. Livingston for that Command & beg he may be as ney my post as posable. I am your Excel’cy most Obt. Hbl. Serv’tE. V. Bunschoten.His Ex’ly G. Clinton.N. B. I expose my poverty as to paper.

Fishkeels 13th May 1781.

D’r Governor, I have just Returnd from three days fortague receving Colo. Vanderburgh Levies.

I beg to no what part of Ulster County I shall derect that part of the Levis to purposed for that Quarter. I have proposed Capt. Livingston for that Command & beg he may be as ney my post as posable. I am your Excel’cy most Obt. Hbl. Serv’t

E. V. Bunschoten.

His Ex’ly G. Clinton.

N. B. I expose my poverty as to paper.

May 13th 1781.S’r, I have rec’d your Letter by Capt. Livingston. The Detachm’t intended for the frontiers of Ulster are to proceed to Kingston. Colo. Graham’s Regt. will furnish 50 so that no more are to be sent than with them will make up 100. I am anxious that those for Albany be dispatched as soon as possible, and it is my wish that a Part of those already on the ground be sent there as their appearance on the Frontier will give Confidence to the Inhabitants. Field’s & Ludington’s Levies are intended for West Chester. Call in all the absent Officers immediately. Capts. Marshall & Whelp who belong to Willet’s Regt. ought to join & take Charge of the Detachm’t intended for Albany.(G. C.)(Major Van Bunschoten.)

May 13th 1781.

S’r, I have rec’d your Letter by Capt. Livingston. The Detachm’t intended for the frontiers of Ulster are to proceed to Kingston. Colo. Graham’s Regt. will furnish 50 so that no more are to be sent than with them will make up 100. I am anxious that those for Albany be dispatched as soon as possible, and it is my wish that a Part of those already on the ground be sent there as their appearance on the Frontier will give Confidence to the Inhabitants. Field’s & Ludington’s Levies are intended for West Chester. Call in all the absent Officers immediately. Capts. Marshall & Whelp who belong to Willet’s Regt. ought to join & take Charge of the Detachm’t intended for Albany.

(G. C.)

(Major Van Bunschoten.)

Poughkeepsie, May 13th 1781.Sir, I am informed by Letter from Colo. Luddenton that he has not yet done any Thing towardsraising the Levies from his Regt., that they are not even formed into Classes. I must, therefore, insist that you immediately take the measures directed by Law for drawing forth his Proportion of men, together with the Deficiencies from all the other Regiments, a Return of which will be furnished you by Major Buntschoten on your application. The Service will by no means admit of Delay in this Business. I, therefore, expect your utmost exertions. I am &c.Geo. Clinton.Brig’r. Genl. Swartwout.

Poughkeepsie, May 13th 1781.

Sir, I am informed by Letter from Colo. Luddenton that he has not yet done any Thing towardsraising the Levies from his Regt., that they are not even formed into Classes. I must, therefore, insist that you immediately take the measures directed by Law for drawing forth his Proportion of men, together with the Deficiencies from all the other Regiments, a Return of which will be furnished you by Major Buntschoten on your application. The Service will by no means admit of Delay in this Business. I, therefore, expect your utmost exertions. I am &c.

Geo. Clinton.

Brig’r. Genl. Swartwout.

Fishkill May 16th 1781.D’r Sir, Agreable to your Exlancey’s order, I wated on Colo. Luddenton to Receive the Levies from his Ridgment; he promisd to have them Ready the next week, but hearing he made no stur, I sent Lt. Dyckman to know when I might expect them, but he could not see him. I then went myself several times before I could see him; he at length set a day to Receive them but neighther he nor his men mad ther appearance. I cald on him the nex day to know the Reason, but he was out of the way. I then concluded to report to him but by chance I met him on the Road; he then promised to turn them out the twenty first of the month. Should I bee disapointed again, I shall wait on your exlancey with the perticulars and remain, with the greatest esteem, your exlancey’s most obediant and most umble serv’tD’nl Williams.His exlancey Governor Clinton.

Fishkill May 16th 1781.

D’r Sir, Agreable to your Exlancey’s order, I wated on Colo. Luddenton to Receive the Levies from his Ridgment; he promisd to have them Ready the next week, but hearing he made no stur, I sent Lt. Dyckman to know when I might expect them, but he could not see him. I then went myself several times before I could see him; he at length set a day to Receive them but neighther he nor his men mad ther appearance. I cald on him the nex day to know the Reason, but he was out of the way. I then concluded to report to him but by chance I met him on the Road; he then promised to turn them out the twenty first of the month. Should I bee disapointed again, I shall wait on your exlancey with the perticulars and remain, with the greatest esteem, your exlancey’s most obediant and most umble serv’t

D’nl Williams.

His exlancey Governor Clinton.

Colonel Ludington appears to have fulfilled his word and to have completed his quota in a satisfactory manner, for there is no indication of any further complaints, and he is known to have continued in the service in the best of standing. His next correspondence with Governor Clinton had to do with the petitions of two deserters for clemency, and with the case of a woman who had become an outlaw. Colonel Ludington’s letter and the petition, and the governor’s reply, were as follows:

Fredericksburgh, September 21d, 1781.Honored Sir: Being acquainted with the contents of the petition sent you enclosed from Sem’r Arnold and Cowin should esteam it as a favour Dun unto them and my Self if it should have its Desired efect. But be that as it may an answer from His Excelenz Consearning the Same will Mutch oblige your very Humble ServantTo his Excellency George Clinton, Esqr. Governor.

Fredericksburgh, September 21d, 1781.

Honored Sir: Being acquainted with the contents of the petition sent you enclosed from Sem’r Arnold and Cowin should esteam it as a favour Dun unto them and my Self if it should have its Desired efect. But be that as it may an answer from His Excelenz Consearning the Same will Mutch oblige your very Humble Servant

To his Excellency George Clinton, Esqr. Governor.

Petition of Daniel Cowing and Seymour Arnold.To his Excellency George Clinton Esquire Governor of the State of New York:The Humble Petition of Daniel Cowing & Seymour Arnold.Humbly Sheweth—That your Petitioners were by undue influence and evil Exampleunhappily led to desert their Station in the levies under Captain Williams on the Lines in the county of Westchester and though your Petitioners upon the first reflection were sensible of the enormity of their Crime & inclined to return to their Duty, the dread of Corporal punishment prevented them till pardon could be procured from their officers; that many applications for that purpose have been made by persons employed by your Petitr. without Effect, that your Petitr. are heartily sorry for, and ashamed of their conduct, are fully determined and solemnly promise never to be guilty of the same Crime again under any Circumstances or treatment whatsoever, that your Petrs. hope some indulgence from their known attachment to the Public cause as your petrs. have been in the service a great part of the time since the war Commenced and are now willing to make every amend in their power to the state by serving longer than the time limited or Otherways as your Excellency or their officers may appoint, if by your Excellency’s interposing in their favour your petrs. may be exempted from Corporal punishment for this offence and at Liberty to return to their duty immediately this your Petitrs. implore & hope from your Excellencys known Clemency.And your Petrs. as in duty bound will ever Pray.

Petition of Daniel Cowing and Seymour Arnold.

To his Excellency George Clinton Esquire Governor of the State of New York:

The Humble Petition of Daniel Cowing & Seymour Arnold.

Humbly Sheweth—That your Petitioners were by undue influence and evil Exampleunhappily led to desert their Station in the levies under Captain Williams on the Lines in the county of Westchester and though your Petitioners upon the first reflection were sensible of the enormity of their Crime & inclined to return to their Duty, the dread of Corporal punishment prevented them till pardon could be procured from their officers; that many applications for that purpose have been made by persons employed by your Petitr. without Effect, that your Petitr. are heartily sorry for, and ashamed of their conduct, are fully determined and solemnly promise never to be guilty of the same Crime again under any Circumstances or treatment whatsoever, that your Petrs. hope some indulgence from their known attachment to the Public cause as your petrs. have been in the service a great part of the time since the war Commenced and are now willing to make every amend in their power to the state by serving longer than the time limited or Otherways as your Excellency or their officers may appoint, if by your Excellency’s interposing in their favour your petrs. may be exempted from Corporal punishment for this offence and at Liberty to return to their duty immediately this your Petitrs. implore & hope from your Excellencys known Clemency.

And your Petrs. as in duty bound will ever Pray.

Poughkeepsie, Septr, 21st 1781.Sir, I have rec’d your letter of this Date with the Petition of the Deserters from Capt. Williams’Company & the request of the Overseers of Poor relative to Mrs. Webb.The levies you may remember are by the Law put under the Command of the Commander in Chief & made subject to the Continental Articles of War. Genl. Heath has now the command of the Department & the application in behalf of the Petitioners should be to him. I cannot with Propriety interfere in the matter. But at any Rate they ought first to deliver themselves up & offer to return to their duty before they can expect a remission of the Punishment they have incurred.With respect to Mrs. Webb—the law makes it the duty of the Justices to warn her out of the State and she is to depart within twenty Days after Notice given her accordingly, or be out of the protection of the law, I am,(G. C.)Colo. Luddinton Fredericksburgh.

Poughkeepsie, Septr, 21st 1781.

Sir, I have rec’d your letter of this Date with the Petition of the Deserters from Capt. Williams’Company & the request of the Overseers of Poor relative to Mrs. Webb.

The levies you may remember are by the Law put under the Command of the Commander in Chief & made subject to the Continental Articles of War. Genl. Heath has now the command of the Department & the application in behalf of the Petitioners should be to him. I cannot with Propriety interfere in the matter. But at any Rate they ought first to deliver themselves up & offer to return to their duty before they can expect a remission of the Punishment they have incurred.

With respect to Mrs. Webb—the law makes it the duty of the Justices to warn her out of the State and she is to depart within twenty Days after Notice given her accordingly, or be out of the protection of the law, I am,

(G. C.)

Colo. Luddinton Fredericksburgh.

Later in the war, much difficulty was again experienced in raising the desired levies:

Fredricksburgh, aprill 14th, 1782.Honoured Sir, it will be neadles for me to State to your Excelency the Difficulties and Disadvantiges my Distresd Regment Labours under as in Regard of Raising their quota of men,for Sure I am that if it was Consistant his Excelency would give us every Asistance in his power. This one Request I shall atempt to make that we should Have an offisar or two apointed in the Regiment. If that should Be the case I think it would Have a tendancy to aleviate us in the pain of Raising them and prevent Desartions which hath Been verry preverlent 2 or 3 of the Last Campains. The men I Raised the Last year were as good men as I would Evr wish to Command, were put under Capt. Williams And Desarted all to a man. As it is so Burthensom to Rase the Money to pay their Bounties pray Let us indeavour they shall Do the Service intended. It is my opinion that Lt. Charles Stewart that was with Colo. Wesenfell Last year will answer well for a capt. and his son for a 2 L’dtant.am Sir His Excelencys verry Humble ServantHenry Ludinton.Governor Clinton.

Fredricksburgh, aprill 14th, 1782.

Honoured Sir, it will be neadles for me to State to your Excelency the Difficulties and Disadvantiges my Distresd Regment Labours under as in Regard of Raising their quota of men,for Sure I am that if it was Consistant his Excelency would give us every Asistance in his power. This one Request I shall atempt to make that we should Have an offisar or two apointed in the Regiment. If that should Be the case I think it would Have a tendancy to aleviate us in the pain of Raising them and prevent Desartions which hath Been verry preverlent 2 or 3 of the Last Campains. The men I Raised the Last year were as good men as I would Evr wish to Command, were put under Capt. Williams And Desarted all to a man. As it is so Burthensom to Rase the Money to pay their Bounties pray Let us indeavour they shall Do the Service intended. It is my opinion that Lt. Charles Stewart that was with Colo. Wesenfell Last year will answer well for a capt. and his son for a 2 L’dtant.

am Sir His Excelencys verry Humble Servant

Henry Ludinton.

Governor Clinton.

A few days later he wrote again:

Fredricksburgh Aprill 23, 1782.Honoured Sir,I must Beg Leave to trouble his Excelency this once more with my Request that Lt Charles Stuart shall Be indulged with the Sameoffise he held last year under Colo. Wiesenfelt. I should not so Strenuously insist upon it only that I am Sensable it will have a tendancy to induce the young men of his aquantance to inlist and that for a mutch les sum than if they were to go with Strangers. Sir for the Reasons above Resited I shall hope his Excelency will grant this my Request as well as others. I am Sir his Excelencys most obedient and Humble ServantHenry Ludinton.To George Clinton Esqr. Governor.P. S. Sir a line By way of answer if it should be agreable.

Fredricksburgh Aprill 23, 1782.

Honoured Sir,

I must Beg Leave to trouble his Excelency this once more with my Request that Lt Charles Stuart shall Be indulged with the Sameoffise he held last year under Colo. Wiesenfelt. I should not so Strenuously insist upon it only that I am Sensable it will have a tendancy to induce the young men of his aquantance to inlist and that for a mutch les sum than if they were to go with Strangers. Sir for the Reasons above Resited I shall hope his Excelency will grant this my Request as well as others. I am Sir his Excelencys most obedient and Humble Servant

Henry Ludinton.

To George Clinton Esqr. Governor.

P. S. Sir a line By way of answer if it should be agreable.

Thus Colonel Ludington served through the war to its close, in his various capacities, and at the end was much concerned with securing settlements of the pay due to himself and his troops. His own rate of pay is indicated in several entries on the pay-rolls. Thus we find—

Abstract of Pay & Rations due Col. Henry Luddington’s Regt. of Dutchess County Militia in the Service of the United States at different Periods between March 1779 & November 1780.Names.RankCommencingEndingTimeMonthsdaysHenry LuddingtonColonel1779March1780Novemr.15Dollars pr MonthRationsAmount of Rations.Amount of Pay and Rations.RationsPrice7521010d8:15:—.43:15:—.

Abstract of Pay & Rations due Col. Henry Luddington’s Regt. of Dutchess County Militia in the Service of the United States at different Periods between March 1779 & November 1780.

Apparently it was long after the war before all these matters were fully adjusted, as the date of the following affidavit shows:

I Henry Ludinton do solemnly and sincerely swear that the List hereunto annexed contains an Account of all Certificates that remained in my Hands of those that were issued by the Treasurer and delivered to me for Paying my Regiment; That the remainder were to the best of my knowledge and belief delivered to the Persons who performed the services or their legal representatives and that the names subscribed to the vouchers produced were bona fide subscribed by them.Henry Ludenton.Sworn before me this 13th Day of Septr. 1792.Gerard Bancker Treasr.

Henry Ludenton.

Sworn before me this 13th Day of Septr. 1792.

Gerard Bancker Treasr.

Voucher No. 306, of “The United States to the State of New York, Dr. for payments on Certificates for Military Services performed in the late War,” presumably covering all payment made toColonel Ludington for federal services, shows a total of £1330:19s:2d.

Pay certificate of a member of Colonel Ludington’s regiment

Colonel Ludington appears to have been the purchaser, for cash, of some of the lands apportioned to soldiers as bounties for their services. Thus in the “Manuscripts of the Colony and State of New York in the Revolutionary War,” on file in the controller’s office at Albany, Mr. Patrick has found this entry:

We the subscribers members of a class in Capt. William Pierce’s Company and Colo. John Field’s Regiment who have Procured a man to wit Christian Null to serve in the Levies of this State Until the First Day of January Next who has been Delivered and a Certificut Taken for Such Delivery According to Law whereby the said Class Is Entitled to two hundred acres of Unappropriated Land we do therefore in Consideration of the sum of five Pounds to us in hand paid By Henry Ludenton Esqr the Receipt Whereof we do acknowledge and Do grant and transfer unto the said Henry Ludenton Esqr. his heirs and assigns the Whole Right of the said two hundred acres of Land which said Class is Entitled To In persuance of a Law of this State Entitled an act for Raising Troops to Complete the Line of this State In the service of the United States And the two Regiments to Be Raised on Bounties of Unappropriated Lands and for the Further Defence of the frontiers of this State Passed the 25th of March 1782 To have and to hold the sd two hundred Acres of Land Unto the sd Henry Ludinton His heirs and assigns to hisand their proper use and Benefit and behoof forever as witness our hands and seals this the 3d of March 1783.Henry LudintonAssignee and AssignorEdmund FerrisAsa SabinJohn Caswell.John PeasleeRichd FurnissJames FerrisStephen StevensonWarren Ferris.Seald and Delivered in presence ofJathro ShermanJames Ferriss

Henry Ludinton

Assignee and Assignor

Edmund FerrisAsa SabinJohn Caswell.John PeasleeRichd FurnissJames FerrisStephen StevensonWarren Ferris.

Seald and Delivered in presence of

This document is endorsed as follows:

Be it remembered that I Henry Ludinton do Assign over this within Conveyance unto Benjamin Conklin and to his Heirs and Assigns to Reserve and injoy the Land therein mentioned.Henry Ludinton.Dated November 1st 1783 in presence of Eleazar weed.

Be it remembered that I Henry Ludinton do Assign over this within Conveyance unto Benjamin Conklin and to his Heirs and Assigns to Reserve and injoy the Land therein mentioned.

Henry Ludinton.

Dated November 1st 1783 in presence of Eleazar weed.

With such transactions the military service of Colonel Ludington was concluded, and the remainder of his busy life was reserved for civil duties and his private affairs.

With the return of peace in the triumph of the cause for which he had battled, Colonel Ludington by no means lapsed into inactivity or obscurity, but continued to serve the State in various ways with the same earnestness which he had shown in war. For some time he was again a deputy sheriff of Dutchess County, and in the performance of his duties on one occasion was severely stabbed by a desperado named Brown, whom he was arresting. For many years he was a justice of the peace, his long service being ample evidence of the confidence which his fellow citizens reposed in his probity and of the esteem in which they held his intelligence. He had not a legal education. Indeed, as has already been observed and as the composition of his letters clearly shows, his schooling in even the ordinary branches was slight. His rulings as justice of the peace were therefore based more upon common sense and practical, elementary justice than upon technical familiarity with statute law or with the prescribed forms of judicial procedure. His shrewd sense and his just disposition, however, guided him so well that his administration of the office was satisfactory to thosewho had occasion to use his court, and it was a rare thing for an appeal to be taken against any of his decisions, and still more rare for a higher court to reverse his judgment. After many years of satisfactory service, one of his friends persuaded him that he should pay more attention to the technical conventionalities of judicial procedure, and to that end provided him with a compendium of legal practice. This treatise, admirably comprehensive yet concise, covering a number of foolscap pages of manuscript, is among Colonel Ludington’s papers now in the possession of his grandson, Charles H. Ludington. Colonel Ludington accepted the advice with some misgivings, but studied the compendium, and when the next case came before him he conducted court in a more technically correct way than before. On this occasion an appeal was made by the defeated party to a higher court, and that court reversed Colonel Ludington’s judgment and ordered a new trial. That was something which had never before happened, and was naturally a cause of chagrin to him. He indignantly declared that it was all because of the new-fangled methods of procedure which his friend had persuaded him to adopt, and he thereafter persisted in conducting his court in the old-fashioned way.

Among the records of the Dutchess County justices’ courts, or courts of special sessions, are many entries of cases tried before him. In October, 1803, Henry Ludington, Cyrus Benjamin and StephenHayt occupied the bench when “Ruamy Shaw was brought before the court charged with feloniously stealing, taking and carrying away from the house of Isaac Russell a pair of shoes and a Tea Kettle Holder, whereupon the said Court after hearing witnesses for and against the prisoner are of the opinion that the said Ruamy Shaw is guilty, … that she therefore pay a fine of five dollars and stand committed until judgement be complied with.” The fine was promptly paid, in the form of a due bill by William Shaw. In July, 1806, before the same justices, “Else Lake, Spinster, was convicted … for feloniously stealing taking & carrying away one Plad Chinz gown out of the dwelling house of Frances Mead … and that the said court lay a fine of $5, and that she stand committed until the same is paid. She refusing to pay the same, Metimas (mittimus) wrought and delivered to John Griffen const.” That plaid chintz gown was a source of much trouble, for on that same day before the same court, “Phebe Davis, wife of Solomon Davis, was … convicted for feloniously stealing one Plad Chinz gown to the value of $3.50 cents, the property of Frances Mead, and that the said Court lay a fine on the said Phebe of $6 and that she stand committed until the same is paid. She refusing to pay the same, Metimas wrought and delivered to John Griffen const.”

It will be of some quaint, antiquarian interest to recall the phraseology of the commissions which were in those days issued to justices of the peace. Oneof those issued to Henry Ludington, now in the MS. collection of Mr. Patrick, runs as follows, being practically identical,mutatis mutandis, with others issued to him by later governors.

THE PEOPLE of the State of New York, by the Grace of GOD, Free and Independent.To David Brooks, … Henry Ludington, … and Ahab Arnold, in our County of Dutchess, Esquires, Greeting:Know Ye, that We have appointed and assigned; and by these Presents, do appoint and assign, you and every of you, jointly and severally, Justices to keep Our Peace, in our County of Dutchess, and to keep, and cause to be kept, all Laws and Ordinances, made or to be made, for the good of the Peace, and for the Conservation of the same, and for the quiet Rule and Government of the Citizens and Inhabitants of our said State, in all and every the Articles thereof, in our said County, as well within Liberties, as without according to the Force, Form and Effect of the same Laws and Ordinances; and to chastise and punish all Persons offending against the Form of those Laws and Ordinances, or any of them, in the County aforesaid, in such Manner, as, according to the Form of those Laws and Ordinances, shall be fit to be done; and to cause to come before you, or any or either of you, all those Persons who shall break the Peace, or have used, or shall use Threats, to any one or more of the Citizens or Inhabitants of our said State, concerning their Bodies, or the firing of their Houses, or Barns, tofind sufficient Security for the Peace, or their good Behaviour towards the People and Inhabitants of our said State; and if they refuse to find such Security, then them in Prison, until they shall find such Security, to cause to be safely kept: And further, We have also appointed and assigned you the said Justices, or any three or more of you, to enquire, by the Oath of good and lawful Men, of our County aforesaid, by whom the Truth may be the better known, of all, and all manner of Larcenies, Thefts, Trespasses, Forestallings, Regratings, Engrossings and Extortions whatsoever, and of all and singular other Crimes and Offences, of which Justices of the Peace may or ought lawfully to enquire, by whomsoever, and after what Manner soever, in the County aforesaid, done or perpetrated, or which shall happen to be there done or attempted: And also, of all those who in the said County have gone or rode, or hereafter shall presume to go or ride, in Companies with armed Force, against the Peace, to the Disturbance of the Citizens and Inhabitants of our said State: And also, of all those who have there lain in Wait, or hereafter shall presume to lie in Wait, to maim, or cut and kill, any Citizen or Inhabitant of our said State: And also, of all Victuallers and Innholders, and all and singular other Persons, who have offended or attempted to offend, or hereafter shall presume or attempt to offend in the said County, in the Abuse of Weights or Measures, or in the Sale of Victuals, against the Form of the Laws and Ordinances of our said State, or any of them, made for the common Good of our said State, and the Citizens and Inhabitants thereof: And also of all Sheriffs,Bailiffs, Constables, Gaolers and other Officers whatsoever, who, in the Execution of their Offices about the Premises, or any of them, have unduly demeaned themselves, or hereafter shall presume to behave themselves unduly, or have been, or hereafter shall happen to be careless, remiss or negligent, in the County aforesaid; and of all and singular Articles and Circumstances, and all other Things whatsoever, that concern the Premises or any of them, by whomsoever, and after what Manner soever in the said County, done or perpetrated, or which shall hereafter happen to be done or attempted, in what Manner soever, and to inspect all Indictments whatsoever, so before you or any of you taken, or to be taken, or before others late Justices of the Peace in the said County, made or taken and not determined; and to make and continue Processes thereupon, against all and singular the Persons so indicted, or who, before you, shall happen to be indicted, until they be taken, surrender themselves, or be out-lawed; and to hear and determine all and singular the Larcenies, Thefts, Trespasses, Forestallings, Regratings, Engrossings, Extortions, unlawful Assemblies, Indictments aforesaid, and all and singular other the Premises, according to the Laws, Ordinances and Statutes, of our said State; as in the like Case it has been accustomed or ought to be done; and the same Offenders and every of them, for their Offences, by Fines, Ransoms, Amerciaments, Forfeitures and other Means, according to the Laws and Customs of our said State, and the Form of the Ordinances and Statutes aforesaid, it has been accustomed or ought to be done, to chastise andpunish. You, therefore, and every of you are diligently to attend to the keeping of the Peace, Laws and Ordinances, and all and singular other the Premises, and at certain Days and Places, which you, or any three of you shall, in that behalf, appoint, or by Law shall be appointed, you enquire into the Premises, and hear and determine all and singular the Premises, and perform and fulfil the same in form aforesaid; doing therein what to Justice appertaineth, according to the Laws and Ordinances aforesaid: Saving to Us our Amerciaments and other Things to Us thereof belonging: And the Sheriff of our County of Dutchess aforesaid, at certain Days and Places, which you the said Justices of the Peace of the said County, or any three or more of you shall make known to him, shall cause to come before you, the said Justices of the Peace of the said County, so many such good and lawful Men of his Bailiwick or County, as well within Liberties as without, by whom the Truth of the Matter in the Premises shall be the better known and enquired into: For all and singular which this shall be your Commission, for and during our good Pleasure, to be signified by our Council of Appointment. In Testimony whereof, We have caused these our Letters to be made Patent, and the Great Seal of our said State to be hereunto affixed: Witness, our trusty and well-beloved George Clinton, Esquire, Governor of our said State, General and Commander in Chief of all the Militia, and Admiral of the Navy of the same; by and with the Advice and Consent of our said Council of Appointment, at our City of Albany, the fifteenth day of August, in the Year ofOur Lord one thousand eight hundred and one, and in the twenty-sixth year of our Independence.Geo. Clinton.

THE PEOPLE of the State of New York, by the Grace of GOD, Free and Independent.

To David Brooks, … Henry Ludington, … and Ahab Arnold, in our County of Dutchess, Esquires, Greeting:

Know Ye, that We have appointed and assigned; and by these Presents, do appoint and assign, you and every of you, jointly and severally, Justices to keep Our Peace, in our County of Dutchess, and to keep, and cause to be kept, all Laws and Ordinances, made or to be made, for the good of the Peace, and for the Conservation of the same, and for the quiet Rule and Government of the Citizens and Inhabitants of our said State, in all and every the Articles thereof, in our said County, as well within Liberties, as without according to the Force, Form and Effect of the same Laws and Ordinances; and to chastise and punish all Persons offending against the Form of those Laws and Ordinances, or any of them, in the County aforesaid, in such Manner, as, according to the Form of those Laws and Ordinances, shall be fit to be done; and to cause to come before you, or any or either of you, all those Persons who shall break the Peace, or have used, or shall use Threats, to any one or more of the Citizens or Inhabitants of our said State, concerning their Bodies, or the firing of their Houses, or Barns, tofind sufficient Security for the Peace, or their good Behaviour towards the People and Inhabitants of our said State; and if they refuse to find such Security, then them in Prison, until they shall find such Security, to cause to be safely kept: And further, We have also appointed and assigned you the said Justices, or any three or more of you, to enquire, by the Oath of good and lawful Men, of our County aforesaid, by whom the Truth may be the better known, of all, and all manner of Larcenies, Thefts, Trespasses, Forestallings, Regratings, Engrossings and Extortions whatsoever, and of all and singular other Crimes and Offences, of which Justices of the Peace may or ought lawfully to enquire, by whomsoever, and after what Manner soever, in the County aforesaid, done or perpetrated, or which shall happen to be there done or attempted: And also, of all those who in the said County have gone or rode, or hereafter shall presume to go or ride, in Companies with armed Force, against the Peace, to the Disturbance of the Citizens and Inhabitants of our said State: And also, of all those who have there lain in Wait, or hereafter shall presume to lie in Wait, to maim, or cut and kill, any Citizen or Inhabitant of our said State: And also, of all Victuallers and Innholders, and all and singular other Persons, who have offended or attempted to offend, or hereafter shall presume or attempt to offend in the said County, in the Abuse of Weights or Measures, or in the Sale of Victuals, against the Form of the Laws and Ordinances of our said State, or any of them, made for the common Good of our said State, and the Citizens and Inhabitants thereof: And also of all Sheriffs,Bailiffs, Constables, Gaolers and other Officers whatsoever, who, in the Execution of their Offices about the Premises, or any of them, have unduly demeaned themselves, or hereafter shall presume to behave themselves unduly, or have been, or hereafter shall happen to be careless, remiss or negligent, in the County aforesaid; and of all and singular Articles and Circumstances, and all other Things whatsoever, that concern the Premises or any of them, by whomsoever, and after what Manner soever in the said County, done or perpetrated, or which shall hereafter happen to be done or attempted, in what Manner soever, and to inspect all Indictments whatsoever, so before you or any of you taken, or to be taken, or before others late Justices of the Peace in the said County, made or taken and not determined; and to make and continue Processes thereupon, against all and singular the Persons so indicted, or who, before you, shall happen to be indicted, until they be taken, surrender themselves, or be out-lawed; and to hear and determine all and singular the Larcenies, Thefts, Trespasses, Forestallings, Regratings, Engrossings, Extortions, unlawful Assemblies, Indictments aforesaid, and all and singular other the Premises, according to the Laws, Ordinances and Statutes, of our said State; as in the like Case it has been accustomed or ought to be done; and the same Offenders and every of them, for their Offences, by Fines, Ransoms, Amerciaments, Forfeitures and other Means, according to the Laws and Customs of our said State, and the Form of the Ordinances and Statutes aforesaid, it has been accustomed or ought to be done, to chastise andpunish. You, therefore, and every of you are diligently to attend to the keeping of the Peace, Laws and Ordinances, and all and singular other the Premises, and at certain Days and Places, which you, or any three of you shall, in that behalf, appoint, or by Law shall be appointed, you enquire into the Premises, and hear and determine all and singular the Premises, and perform and fulfil the same in form aforesaid; doing therein what to Justice appertaineth, according to the Laws and Ordinances aforesaid: Saving to Us our Amerciaments and other Things to Us thereof belonging: And the Sheriff of our County of Dutchess aforesaid, at certain Days and Places, which you the said Justices of the Peace of the said County, or any three or more of you shall make known to him, shall cause to come before you, the said Justices of the Peace of the said County, so many such good and lawful Men of his Bailiwick or County, as well within Liberties as without, by whom the Truth of the Matter in the Premises shall be the better known and enquired into: For all and singular which this shall be your Commission, for and during our good Pleasure, to be signified by our Council of Appointment. In Testimony whereof, We have caused these our Letters to be made Patent, and the Great Seal of our said State to be hereunto affixed: Witness, our trusty and well-beloved George Clinton, Esquire, Governor of our said State, General and Commander in Chief of all the Militia, and Admiral of the Navy of the same; by and with the Advice and Consent of our said Council of Appointment, at our City of Albany, the fifteenth day of August, in the Year ofOur Lord one thousand eight hundred and one, and in the twenty-sixth year of our Independence.

Geo. Clinton.

Colonel Ludington also served with some distinction as a member of Assembly in the State Legislature, for Dutchess County, some of such service being during the Revolutionary War. He thus served in the Third Session, which met at Kingston from August 18, 1777, to October 25, 1779, at Albany from January 27 to March 14, 1780, and at Kingston again from April 22 to July 2, 1780; in the Fourth Session, which met at Poughkeepsie from September 7 to October 10, 1780, at Albany from January 17 to March 31, 1781, and at Poughkeepsie from June 15 to July 1, 1781; in the Ninth Session, which met in New York City from January 12 to May 5, 1786; and in the Tenth Session, which met in New York City from January 12 to April 21, 1787. He appears to have been a prominent and influential member. At the meeting of January, 1786, he was made a member of the Ways and Means Committee, and of a special committee to prepare a bill for the regulation of the militia and the establishment of magazines. The records of that meeting show that Colonel Ludington was in constant attendance and was an active participant in the business of the House. He is recorded as voting at almost every division, and generally appears to have been a member of the majority. On March 1 it was represented tothe Legislature that a number of prisoners confined in the jail of New York for debt were reduced to great extremity for want of wood and firewood, and were in danger of perishing for want of such necessaries; wherefore a committee of three, Colonel Ludington being one, was appointed to inquire into the matter—one of the first steps toward the abolition of imprisonment for debt. On March 6, 1787, the Legislature proceeded to the nomination and appointment of “delegates to meet with delegates as may be appointed from other States, for the sole purpose of revising the Articles of Confederation”—to wit, the Constitutional Convention of the United States. Colonel Ludington, who was a staunch Federalist, voted for the appointment of Alexander Hamilton, Robert Yates, and John Lansing, Jr.

Soon after there arose a remarkable illustration of the dilatory disposition of governments of that day in dealing with some matters of real importance in which honor and good faith were involved. Away back in April, 1784, Colonel Ludington had submitted to the Legislature a petition relative to certain certificates for depreciation of soldiers’ pay, which he had lost or which had been stolen from him. Mr. Pell, of the committee to which the petition was referred, had reported that the facts were as stated in the petition, and that the petition for relief ought to be granted. Leave was granted for the introduction of a bill to that effect, and the bill was introduced and passed by the Assembly. Either it was not concurredin by the Senate, however, or for some reason it was not put into effect. For now, on April 14, 1787, we find Colonel Ludington again presenting to the Assembly, of which he was a member, a petition setting forth that certain depreciation certificates, amounting in all to 407 pounds 4 shillings, had been stolen from him, and that after passing through divers hands were paid to the Commissioners of Forfeitures for the purchase of a forfeited estate, and were then in the treasury of the State, wherefore he prayed for a law directing the treasurer to return them to him. Mr. Hamilton, from the committee to which the petition was referred, reported that the facts were found to be as stated, that the petitioner’s case would be very unfortunate if he were to be finally deprived of the benefit of the certificates which had been stolen from him, and that it would be a proper act of generosity in the State to direct the treasurer to return them to him. The committee recommended that a clause to that effect be inserted in some bill then before the House. The House, however, voted not to concur in the report of the committee, and it does not appear that any further step toward doing him justice was taken at that time. Finally, however, on March 12, 1792, the Legislature adopted the following act:

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