The Marbletown Disaffection of 1777

Profile manager: Kate McCollough [send private message]

Overview

In April of 1777, a group of about 40 Ulster County, New York men were recruited by loyalists Jacob Middagh and Jacobus Roosa^[1], with the promise of money and land, to go to Long Island to join up with the British Army.

After a skirmish along the way, at least 40 men were arrested and court-martialed at Fort Montgomery for taking part in or giving aid to what would become known as the Marbletown Disaffection. 30 of them were convicted and sentenced to death by hanging. These sentences were, with two exceptions, not carried out.

Jacob Middagh and Jacobus Roosa were hanged on 13 May 1777 in Kingston. The other men received pardons.

More details and sources follow and links continue to be made to the profiles of the participants as they are discovered or created.

Introductory Note

Because the story of the Marbletown Disaffection is almost always left out of the participants' biographies, (likely due to the disdain with which the Loyalists were regarded for long after the war was over,) many descendants are surprised to learn of it. I first learned about it when an Ulster County resident stated, "...and then there's that incident with the men from Marbletown that we don't talk about..." and then proceeded to not talk about it, leading me to research the event!

Some have questioned the claims of their own ancestor's involvement. A number of the men had patriotic service for the US either before or after the events described here. This does not preclude their involvement in the events described here, nor does their involvement in these events diminish the value of their service.

Unimpeachable sources cited tell us that these events and the list of participants in it are true. It is my belief, and history tells us, that there is no shame in these men's complex actions, and I hope to present them in such a light. McCollough-423 19:11, 23 February 2023 (UTC)

Even as the men's fate was undecided in May 1777, there were discussions and debates about whether a military court-martial of civilians even under war powers was valid now that the state government was formed and that they should, instead, be tried in civilian courts. Forty-five years after the event, the Chief Justice of the New York Supreme Court argued, and later, the Supreme Court of the United States ruled, that the laws of treason under which these men were charged, convicted, and even executed were unjust and that they each had the right to choose their affiliation in the conflict. (primary source needed.) That basic right was among those that were exactly what the Patriots were fighting for. ^[2]

Background: Loyalist vs Patriot vs Disaffected

It is tempting for us today to imagine the majority of colonists being patriots, committed to the cause of independence, fighting against a minority of loyalists who viewed the cause of independence as treason. The truth, however, was quite different.

Although there is no good way to determine what percentage of the colonists remained loyal or were disaffected during the American Revolution, it is estimated about 20% of the population of the Thirteen Colonies were Loyalists- Tories. Another small group in terms of percentage was the dedicated Patriots, for whom there was no alternative but independence. Often overlooked are the fence-sitters who, in reality, made up the largest group of colonists. ^[3] They are what became known as the "Disaffected."

Let’s look at these terms:

• PATRIOTS: (AKA Whigs), "were the colonists who rebelled against British monarchical control. They rejected the ideas of a monarchy and aristocracy – essentially, inherited power. Instead, the philosophy favored liberty and unalienable individual rights as its core values."^[4]

• LOYALISTS (AKA Tories): “The terms Tory, Loyalist, Royalist, or King’s men were used by Patriots to label those who remained loyal to the mother country Britain. The word Tory comes from several Middle Irish words meaning robbers, outlaws, or pursued men. Before the American Revolution, the term Tory evolved into describing those who upheld the right of the King over Parliament, and during the Revolution took on the form to describe anyone who remained loyal to Britain. … During the American Revolution, it is documented that over twenty thousand Tories took up arms and fought with the British Army against the Patriots. They were branded traitors for remaining loyal to their king and fighting for what they believed in. When American independence was achieved at the close of the American Revolution, many Tories either fled or were kicked out of the newly formed United States and relocated primarily to Britain, Canada, the Bahamas, and Africa where they founded Sierra Leone.” ^[5]

• DISAFFECTED PERSONS: Many colonists became or remained disengaged from the Revolutionary conflict. "The war, for them, was simply something to be endured. They have been called ‘the great middle group of Americans…who were dubious, afraid, uncertain, indecisive, many of whom felt there was nothing at stake that could justify involving themselves and their families in extreme hazard and suffering.’ Persistently disinterested in or opposed to involvement with imperial politics and committed to separate goals, they quietly pursued their own livelihoods to the best of their ability amid turmoil, helping or hurting either side more incidentally than intentionally, and hoping to come through the Revolutionary storm with as little harm and as much profit as possible, whichever side eventually proved triumphant. They would yield, but not rally to, whoever held power over them. When no party clearly held the reigns of authority, they looked to their own interests by whatever means were available. Both the Revolutionaries and the British referred to this diverse group as ‘the disaffected,’ perceiving correctly that their defining feature was less loyalty to than a lack of support or affection for either party in the dispute.”^[6]

It is likely that many of the men recruited by Rosa & Middagh for this venture, with some known exceptions, were members of the latter group- poor men who agreed to participate in response to a promise of money and land for their families in return.

Events

Taken from the testimonies of the men at their later court-martial as documented in the minutes found in George Clinton's Papers.' ^[7]

Prequel to the events of April 23-30

Colonel Edmond Fanning (1739-1818), born on Long Island, was a Yale-educated attorney and politician. He was also a loyalist who had been driven from his home in NY when the war began and joined the British Army, recruiting other Loyalists. He raised a regiment called the “King’s American Regiment” ^[8] aka “Associated Refugees.” After the war, he would become lieutenant governor of Nova Scotia, then St. John’s (later Prince Edward) Island, and a general in the British Army.

Jacob Rosa testified that Daniel McGiven (McGuin ^[9] ), a captain in Col. Fanning’s Regiment, had told him that once Britain put down the rebellion, every man who engaged in the King’s service would get 100 acres of land and each of his children would get 50 acres, and he would receive $5 bounty and pay for the time of his service, as well as a suit of clothes. Jacob went with McGiven to New York City and enlisted in the King’s American Regiment. (The deep irony of this will be seen later when in October, the King’s American Regiment serves in the attack on Fort Montgomery,^[8] capturing and imprisoning several of the men whom Rosa and Middaugh had recruited to join them.)

Jacob Rosa was given the rank of Lieutenant, and provisions, and sent to recruit more men with the promise that he would be paid $3 for every man he brought with him that would enlist in the service of the King.

He returned and gathered 17 men with him who he brought back to NY. Five or six of them enlisted. One of the men that Jacob Rose recruited on his first trip was Jacob Middagh. Middagh stated that Jacob Rose, Guisbert RoseGuisbert Rose, John Ernest, and James van Wagenen asked him to go to New York to join the [British Army] regulars. Jacob reports that he was a poor man, and could get no work, so he enlisted. He was promised a $5 bounty, “a Dollar to Drink the King's health,” and a suit of clothes, but he received none of that. He reports he took an oath to be true to King George and returned with Rose to help recruit this second group of men.

The two Jacobs left NY about April 10th to gather this new group, and this time, they gathered twice the men as the first trip- 33 or 34, Rose reported. According to a number of the men, the two Jacobs used the promise of 100 acres of land for the men, 50 acres for each of their children and pay; or the threat of being hanged as rebels after the war was over, to recruit the men.

Wednesday, 23 April 1777:

In Shandaken, in Northwestern Ulster County, Jacob Middagh (having separated from Jacob Rosa, who was gathering other men) and another man (not known to Andries Longyear, but likely Abraham Middagh as he is identified a bit later that day) came to the home of Jacob Longyear, Andries & Jacob Longyear’s father, and asked Andries to come with them to join the Regulars in New York. Middagh told Andries that the [British] Regulars would soon come up that way and take their estates from them if they were not in service of the King. Andries agreed to go with him.

Creating some name confusion, Jacobus Samuel Davis testified on 2 May in a deposition that Abraham Middagh came to him and brought him to Jacob Middagh who was at the home of Frederick Bush. There, Middagh recruited Davis with promises of being "made a Gentleman." Davis claimed he refused to go with him and that the group was going next to his father's home to recruit his brother, Jacob. He stated he went with them to dissuade him and failed. Their father,Samuel (Davidse) Davids, agreed that Jacob could go with them, as did Jacob. Disappointed, Jacobus left. [Note- I find it confusing that Samuel had sons Jacobus and Jacob, but have learned that Jacobus is generally the equivalent of the name James, not Jacob so it was apparently not uncommon to have both in the family.) Henry Crispell reported that they met up with a group at Jacobus Davis's home.

Hendricus Crispell reported that Jacob & Abraham Middagh and Jacob Davis came to the Crispell home and Middagh informed him that there was a Proclamation from the King that any man who refused his call to service of the King, when the Regulars got possession of America, would be shown no mercy and be hanged or taken away from the country as rebels against the King. Hendricus spoke with his brother, Thomas, and they agreed to go together to join the party. Middagh told them that they would have the choice of either working for pay or of taking up arms and be given two pairs of stockings, a pair of shoes, a pair of breeches, two shirts, and a coat or red jacket. Jacob told Henricus they would not force anyone to enlist if they were unwilling, but if they did enlist, they would get 40 shillings of hard money as Bounty. He said that in about three weeks' time the British would have possession of New York. The Regulars would begin about the 5th or 6th of May and the northern and Southern armies would meet, and the Indians were to come down to assist the King’s force, and the conflict would be short.

Jacobus Davis reported that the next day, Middagh came to his home again with "a number of men" and stated that Christian Winne had gone to Little Shandaken to bring down other men to join them and that they were expecting to meet them in the area. He reported that Wilhelmus (Merckel) Merkel and Jacobus Bush were in that group and that Wilhelmus had encouraged the men stating, "that it was a righteous cause they they were engaged in and that he endeavored to prove it by the Scriptures." Davis reported that Middagh threatened him with death if he reported the group. [Note: I have found no evidence that Wilhelmus Merkel or Jacobus Bush joined the group, but Wilhelmus Merkel was imprisoned on May 2 when he made a petition to be allowed to leave confinement to execute a deed for sale to prevent foreclosure on a farm. ^[10]

The two Crispell brothers had gathered their provisions and met up with the group around breakfast time at Jacob Davis’s home. Henry reported that there they found Jacob Middagh, Jacob Davis, James Merkel, Petrus Bush, Jacob Furler, Conradt Missner, Cornelius Furler, Jacob Longyear Jr., and Andries Longyear, all of whom were armed, except for Jacob Middagh. They all had provisions for three or four days.

The group marched southeast as far as Shokan (a distance of about 16 miles by the most direct route) and stopped there that night.

Thursday, 24 April 1777:

The men marched further south to the Jagh [hunting thicket] at Cripplebush, south of Marbletown, and stopped at Abraham Middagh’s at Marbletown around 8 PM that night, and Jacob Middagh asked Abraham and George MIddagh to join them and they refused. Daniel Irvin was at the house and Jacob Rosa arrived. The group went with Irvin, Rosa, and William McGinnis and crossed the Rondout Creek, some in canoes and some wading, and went to Richard Oakley’s. They arrived there about 9 PM and stayed a bit before going to William Woods' in the Coxing Clove, where they joined up with Lieutenant Jacob Rosa and a number more, among whom was Jack, the slave of Guysbert Rosa, John Van Vliet, William Teets, Silvester Vandermark and John Rapelje; Samuel Fraleigh, James Jones, and an unnamed British officer were also there. (From later testimony, we know that Jacob Rosa recruited William Teets, Andries Keyser, John Rapalje, Silvester Vandemark, Cornelius Furler, Coenradt Meysner, and Jacobus Longyear.) They lodged at William Wood’s barn that night.

Henry Crispell reported that while they were at Marbletown, a mysterious and Governor Clinton would label as "dangerous" British Regular Officer that had only one eye and carried a handkerchief in his hand came to them on Thursday or Friday while they were at Marbletown and left them on foot soon after he joined them.

The Regular informed them that the British regulars had a plan to attack a fort to the northward the previous Sunday and would be attacking Fort Montgomery soon. He reported they would be in Esopus within a short time. Henry Crispell reported that he left the group on foot shortly after he joined them and that a stranger who lived above Albany with a short jacket and an old blue coat told him that the Regular Officer had come with dispatches from the Northward.

Friday, 25 April 1777:

In the early morning, before daybreak, they left and crossed the mountains together to near the Widow Bevier's property in the New Palz Precinct and hid in the rocks. While in the mountains, an armed man came and warned them that there were scouting parties out to apprehend them. Jacob Rosa and Jacob Middagh went to the widow’s and shortly afterward returned with Walter (Wouter) Sluyter. They all marched to Cornelius DuBois’ and then Sluyter piloted the group across the Walkill and then left them and went home.

After the crossing of the kill, Joseph Frier, a sentinel, and John Van Vliet were disarmed and taken as prisoners. Cornelius Sammons and a young Kelder boy were taken prisoners as well in the woods near Jacob Seely's. It is not clear when they were taken. One of the men referred to "the canoe prisoners," but their identity and the circumstances under which they were taken are unclear and require more research. Several of the men testified that Jacob Rosa had a discussion with John Van Vliet and then stated that he would not keep him prisoner, declaring him a "good man" and freeing him. (He apparently chose to stay with the group, as he was present at two skirmishes with the militia later that day and again three days later at Schunemuck mountain.)

Some of the group crossed a creek and two armed men on horseback- one of whom was Lieut. Jonathan Terwilliger, who Jacob Davis took hold of, and he was thrown from his horse and also shot in the arm. Terwilliger and his companion escaped with their horses.

Rosa freed Joseph Freer after disarming him and making him swear that he would not disclose any information about the group or what he had seen. He left the group.

They marched all night as far as Alex Campble's, where they rested in the early morning hours and throughout the day at a Brush fence. Campble would later testify when charged with aiding the group, that he had advised Rosa and his party "that they should turn back or certainly would be taken." Rose threatened to "Blow out his [Campble's] brains if he discovered his Being there."

Saturday, April 26, 1777

On Saturday. while the group was resting in the Brush Fence at Alex Campble's, Samuel Fraleigh, James Jones, and the British officer went to Major Colden’s and returned to say that Colden thought it was impossible for them to get through to the Regulars on account of the Guard, and the three men left the group, now believing the trip to be a futile effort. In the evening went a little further to a barn at Arthur McKinney's where they spent Saturday night.

Arthur McKinney reported he did not expect the group but that he brought them "Suppaan & Milk." He later testified that he feared that Rose would burn down his barn if he reported them and that he knew Rose was an officer and would be hanged if he was captured by the militia. He stated he did not want to have Rose's blood on his hands, so he did not report them.

Sunday, April 27, 1777

The group remained at Arthur McKinney's throughout the day and night.

Monday, April 28, 1777

On Monday morning, the group traveled through fields, creeks and several mountains and arrived at about noon at a large hill "at or near the Clove" (near Schonemuck/Shawangunk Mountain.)

Rosa and MIddagh left the group for about a half hour to find out where they were and shortly afterward, the group was attacked by the militia.

John Van Vliet, the man who had been taken prisoner and released, but chose to stay with the group, reported a man on horseback fired at him, and he returned fire.

Sylvester Vandemark was with Van Vliet when they were attacked. He testified that some men on horseback fired upon them at Schonemunk and they ran but when fired upon again, they returned fire, they testified.

Cornelius Furler reported that a man was fired upon and wounded. (Note: This was Lieut. Jonathan Terwilger)

Jacob Davis & Andries Longyear reported that they and four others escaped. Jacob, Andries and Cornelius Sammons were later apprehended and were brought to the Shawangunk Committee of Safety and were questioned before being sent to Ft. Montgomery to join the other prisoners.

Henry Crispell, Cornelius Furler, Sylvester Vandermark, John VanVliet, and John Rapelje gave themselves up to a group of militia and they were disarmed and taken prisoner.

Tuesday, April 29, 1777

Wednesday, April 30, 1777

Examination of Tories by the Committee of the Precinct of Shawangunk: Jacob Davis, Andries Longyear, and Cornelius Sammons were brought to the Shawangunk Committee of Safety and were questioned about the events of the previous days.

A meeting was held of the Committee of the Precinct of Shawangunk at John Grahams' house. They examined (interrogated) Jacob Davis, Andries Longyear and Cornelius Sammons who each described in some detail their gathering and travels over the past few days. The interested reader can find their testimony available in George Clinton's Papers, page 113-115 here.

Court Martial

List of Men Court-martialed

• Names and data are taken from the Public Papers of George Clinton. ^[7]and 'New York Historical Manuscripts: Revolutionary Papers ^[10] See also The Descendants of Jacob Longyear ^[11]

• Charges coded as follows:

1. Levying war against the state of New York within the same
2. Being adherent to the King of Great Britain.
3. Being an enlisted soldier in the service of the King of Great Britain whilst owing allegiance to the State of New York.
4. Enlisting men in the service of Great Britain.
5. Holding Correspondence with the Enemies of the American States giving them intelligence
6. Adhering to and giving them aid and comfort and secreting them
7. Attempting to Join the Enemy
8. Harbouring the enemies of the American United States
9. Aiding and assisting and giving comfort to the enemies of the State of New York

• Pleas and verdicts:
  • G=Guilty
  • NG=Not Guilty

30 April 1777 - Day One:

The General Court Martial was convened by the order of Brigadier General George Clinton, at Fort Montgomery on 30 April 1777. The members of the court were:

• Col. Lewis DuBois, President
• Capt. Stephen Lush. Judge Advocate
• Capts. Rosecrans, Stewart, Lee, Bevier, Godwin, Nicoll, Tilfard, Hardenburgh, Hasbrouck, Concklin, Milligan, Vancura, McBride, Dewitt, Schoonmaker; Lieuts. Post and Hunter.

The men were brought before the court in the following order:

• Jack, slave of Guisbert Rose
• William McGinnis
• John Van Vliet
• Cornelius Furler
• William Teets
• Coenradt Meysner
• Andries Keyser
• Jacobus Rose (AKA Jacob Rosa/Roosa) See Jacob Roosa Records
• Jacob Middagh
• Jacob Longyear
• Hendrick Crispell
  • Hendrick agreed to be a witness for the state and gave extensive testimony about the activities and people involved. In return, his charges were withdrawn and he received a pardon.^[10]

Following Crispell's testimony, all of the above men, with the exception of Jack, who was acquitted, were found guilty of some charge, and all were sentenced to "suffer the Pains and Penalties of Death by being hanged by the Neck until they are Dead. But in consideration of the Etreme Youth of William Teets & it appearing that he had been deluded, his severe compunction for his crimes, his apparent Ignorance and his WIllingness to enter into the service of his Country, this Court do recommend him as a proper object of mercy."

1 May 1777 - Day Two:

All members of the court returned for day two except for Capt. Steven Lush, and Capt. Henry Godwin was appointed Judge Advocate in his place. The men were brought before the court as follows:

• Alexander Campble
• Arthur McKinney

• • Isaac Lockwood
  • Silas Gardner
    • Although these two men were court-martialed at the same time as the others, their (somewhat rambling) testimony showed they were not a part of Rose's group but were traveling another route to New York to join up. An interesting aside to the testimony of Silas is his description of Sir John Johnson's efforts to reunite with his wife.^[10]

• • Daniel Reynolds
  • Peter Aldridge
    • Neither of these men was mentioned in any of the testimony of Rose's group and they both pled not guilty to harboring the enemies of the US and were both acquitted due to lack of evidence. It is not known what they were suspected of having done or if it was related to Rose's Party.

Campble, McKinney, and Gardner were all convicted and sentenced to death by hanging. Isaac Lockwood was sentenced to imprisonment for the duration of the war.

2 May 1777 - Day Three

• Jacobus Davis was deposed and in addition to testifying of hopw he was recruited by Jacob Middagh, who returned to hsi house the following day and said that Christian Winne had gone to Little Shandaken to get more men for him, He said WIlhelmus Merkle and Jacobus Bush were with him and that WIlhelmus Merkle encourgaed the men to go with Jacob and that it was a righteous casue they were engaged in.

Sylvester Vandemark testified that he did not know the group was on its way to Long Island to join the British when he joined them and that when he learned that, he tried to turn back but Jacob Rosa refused to allow him to leave.

Wilhelmus Merkle was in custody of the Kingston Gaol that day and petitioned to be allowed to leave confinement long enough to execute a deed.

Resolutions, Petitions & Outcomes

May 10: 11 Men Secretly Pardoned

The Convention pardoned 11 of the men but resolved that it be kept secret from them.

(1) ‘Resolved that the above named persons be pardoned, except Rose and Middagh; but that the said pardons be withheld from them, during the discretion of the Convention, or Council of Safety, or Governor of this State; and that the members and secretaries of Convention pledge their honors in the meantime to keep the said pardons secret.’

(2) ‘Resolved, that with respect to all of the other persons sentenced to die, and pardoned, it be in the discretion of the Council of Safety, or Governor of the State, to deliver their pardons and discharge them when it shall to the said Council or Governor appear most expedient.’

May 12: Resolved that No more than Rose & Middagh be Hanged

On May 12, the decision was made to pardon the remaining men who had been sentenced to death. AS noted above, it would be at "the discretion of the Council of Safety, or Governor of the State, to deliver their pardons and discharge them when it shall to the said Council or Governor appear most expedient.’

May 13: Jacob Rosa & Jacob Middagh

On May 13th, Jacob Middagh and Jacobus Rose submitted the following petition:

" To the Honorable the Convention of the State of New York:

"The Humble Petition of Jacobus Rose and Jacob Midagh, two unhappy Prisoners, was by order of your House under sentence to be Hanged this Day Most Humbly Showeth,

"That altho their Consciences doth not in the least accuse them of being Guilty of any sin against God or their Country, by doing what they are condemned to suffer Death for, yet your Petitioners are heartily sorry for having incurr’d the Displeasure of your House in so sensible a manner. That as sinfull men it is an awfull and Dreadfull thought to be so suddenly sent to Eternity without any time to Repent of the Sins of our past Lives, and to make our peace with that God who must finally judge us all for the Deeds done in the flesh, that therefore to prepare for this great and awfull trial your Petitioners most Humbly beg they may have a Respite of a few Days, and your Petitioners as in Duty bound shall in the mean while earnestly pray.

Jacobus Rose
Jacob (his mark) Midagh
Kingston, May 13, 1777
[Petition Rejected]" ^[7]<blockquote/>

The petition was rejected and they were ordered to be hanged that day. According to Barber and Howe, writing in 1846:

" Judge Hasbrouck of Kingston, who was at that time a lad, [speaking of Tories that were executed for treason] says that two of the were executed on the first hill from the landing. It appears that these unfortunate men expected to be reprieved; when they drew near the gallows, and saw the preparation for their execution they became overwhelmed with a sense of their awful situation, and exclaimed, "O heer! vergeeven onze zonde." (O Lord! forgive our sins.)" ^[12] <blockquote/>

May 16: Petition of Prisoners

The men left in jail, having the knowledge that Rosa and Middagh had been hanged and they were to face the same fate, did not have the knowledge that they had already been pardoned. They made petitions to the Council of Safety asking for mercy.

Petition of Prisoners (Petitions, 33: 534.)
To the Honbl the Council of Safety for the State of New York in COuncil Convened.
The petition of John Rapelyea, Coenradt Mysner, Silvester Van Demark, Cornelius Furler, John Van Vliet, Henry Crippell and William McGinnis prisoners Confined in teh COmmon Goal (sic) of Kingston, and sentenced to Die by a Court Martial as Enemies to this State, HUmbly Sheweth:
That yr petitioners is deeply sensible and most penitentially Acknowledges that they ahve been guilty of doing that which they ought not to have Done and have justly merited the punishment due to their crimes but at the same time yr petitioners Relying on that Humanity and Tenderness which this Honourable House have distinguished themselves by and have ever followed that Divine precept which says mercy Rejoiceth against Judgment, yr petitioners have Been Led and with the greatest submission, to offer this their petition, hopeing it may be heard, That yr petitioners was Drawn away and Led into this sad Dilemma by evil Disposed persons, and that they saw the Error of their ways too late, That your petitioners Did all of them come Down from the mountain where they was and give themselves up to the Inhabitants and that William McGinnis one of the above petitioners had no Arms with him as was Evidenced at the Court Martial, That yr petitioners have most of them Wives & children and most of them of Indigent circumstances, and is in a Deplorable and pitiable situation, as they must naturally come to want and poverty, should it be so Determined that yr petitioners must suffer to the Great Grief of them & their tender offspring, yr petitioners therfore most humbly prays and with the Greatest contrition of Heart Implores that this Honourable Council would be favorably pleased and mercifully Disposed to take the premesis under their most serious consideration, so as that Humane and tender Declaration or Ordinance of the Honourable Convention passed the tenth Day of May 1777, may be extended to yr petitioners and yr petitioners pardoned from their crimes by a Complyance therewith or GIve such Relief as to this Honourable Council shall seem meet.
And yr petitioners shall ever pray,
John Rappellea, Silvester Vandermark, Cornelius forler,
William McGinnis, Conrad Misinre, John Van Vleet.
Kingst Goal (sic), May 16th 1777. ^[10] <blockquote/>

May 19: Second Petition of Prisoners

Twelve of the men, still unaware of their pardons, and still being held in the jail, submitted another petition to the Council of Safety of the State oif New York three days after the first: <blockquote/> To the Honbl Council of Safety of New York.
The Petition of William McGinnis and sundry other Persons Now confined in Jayl and under sentence of Death, Most Humbly Sheweth,
That your Petitioners at the time they committed those actions or Crimes for which sentence of Death is Now Passed upon them Did not know of any Law of any Kind existing to make any Person committing such actions or crimes subject to any Penalty. Had such Laws, Rules or Orders been read off at the Head of the Regimen or respective Comy's to which your Petitioners belonged they would be the more inexcusable for a Breach thereof and therefore think their fate so much the harder that they are to suffer for the breach of Laws that they were entirely Ignorant of, or Rather for doing what they then thought Most for their safety. That several of your Petitioners have wives with Large families of children who must suffer and become objects of Expense to the community of the Present sentences be put in execution against your Petitioners, whereas should we find favour in your sight, Both they and we might become useful members to the State. That it may please the father of mercies and Great Judge of the Universe to Dispose your hearts to forgive as you would be forgiven, according to that Gracious Promise of our Lord and saviour Jesus Christ, is the earnest Desire of your Petitioners who shall as in Duty Bound ever Pray, >br/> William McGinniss, Hogn Van Vliet, Silvester Vandermark, Silas Gardner, Abraham Midgh, Andrew Kisear, Jacob Longyear, Conrad Misiner, Roshard Oakly, Arther A. McKenney, John Rappellea, Cornelius forler.
19 May 1777, (William McGinnis, John Van Vliet, Silas Gardner, Jacob Longyear, and Conrad Misner signed their names and all others made their mark.) ^[10] <blockquote/>

Pardons

According to New York historian, John D. Monroe: “The Convention at Kingston, on a review of the sentences of those convicted, confirmed all but the sentences of John Stokes, Lodowyck Seely and Alexander Campbell, which were reversed. On May 3d, when but part of the proceedings of the court-martial had been submitted to it, the Convention ‘resolved that General George Clinton be requested to cause the said persons to be executed at such places as he, in his discretion, shall think proper.’ But when the court Martial was concluded, Clinton sent all of the condemned men to the jail at Kingston, with an order directed to Colonel Jacob Hoornbeck to cause them to be executed ‘at such a time and place as the Convention shall appoint.’ Unable to avoid the responsibility thus thrust back upon it, the Convention on May 10th pardoned eleven of those convicted... A list of the names of all the others so convicted having been prepared, on May 12th, the question being put ‘whether any more than Rose and Middagh be hanged, it was carried that no more be hanged.’ The convention thereupon adopted the following resolutions:

(1) ‘Resolved that the above named persons be pardoned, except Rose and Middagh; but that the said pardons be withheld from them, during the discretion of the Convention, or Council of Safety, or Governor of this State; and that the members and secretaries of Convention pledge their honors in the meantime to keep the said pardons secret.’

(2) ‘Resolved, that with respect to all of the other persons sentenced to die, and pardoned, it be in the discretion of the Council of Safety, or Governor of the State, to deliver their pardons and discharge them when it shall to the said Council or Governor appear most expedient.’

“Three court martial convictions were reversed; fifteen names, including Rose and Middagh, were on the list referred to in the first resolution; eleven of those convicted were pardoned on May 10th, and are those referred to in the second resolution. As to the eleven referred to in the second resolution, they could be told, and doubtless were told, of their pardons on May 10th. As to the thirteen pardoned on May 12th, why were their pardons to be kept secret? Rose and Middagh were ordered hanged on May 13th, when their prayer for a few days respite to enable them to prepare for death was denied.” ^[2]

Aftermath

Enlistments

A number of the accused enlisted in the Fifth New York Regiment which was commanded by Col. Lewis DuBois, the Court Martial's presiding officer.^[13] These included,Cornelius (Völler) Furlow UE (abt.1753-),who would desert 11 months later and join up with the Loyalist Butler's Rangers, Jacob Longyore (Longyear), Jacob Davis, Andries Longyear, and Thomas Crispell,

Research Notes

I have not yet located the resolutions referred to in Monroe's account of the pardons above and he did not include the list of men pardoned in each resolution. If anyone reading this knows of a source for that info, please let me know! The numbers are not adding up. McCollough-423 23:47, 24 February 2023 (UTC)

Sources

1. ↑ it has long been uncertain that this is the Jacob Roosa that particiapted in these events, but circumnstantial evidence all points to him as the man. See Jacob Roosa Records
2. ↑ ^{2.0 2.1} Monroe, John D.: Honorary President and Historian, Delaware County Historical Society.Chapters in the History of Delaware County New York 1949. Delaware County Historical Society, Pgs 43-48
3. ↑ Loyalists, Fence-sitters, and Patriots. U.S. History: Pre-Columbian to the New Millennium at USHistory.org. Independence Hall Association in Philadelphia accessed 22 Feb 2023
4. ↑ Loyalists and Patriots Smithsonian American Art Museum
5. ↑ Tories Boston Tea Party Ships & Museum
6. ↑ Sullivan, Aaron. The Disaffected: Britain's Occupation of Philadelphia during the American Revolution." Review. Museum of the American Revolution, 25 Sep 2019
7. ↑ ^{7.0 7.1 7.2} Public Papers of George Clinton (Source Free Space Page) the Senate House Library, Kingston document 2750, Folder 5415
   Court Martial Records Volume 1, Pages 749-792 (digital copy at Archive.org)
   List of Men Volume 2, Page 635 (digital copy at babel.hathitrust)
8. ↑ ^{8.0 8.1} A History of the King’s American Regiment: New York 1777’’’ The On-Line Institute for Advanced Loyalist Studies
9. ↑ [The Loyalist Collection https://loyalist.lib.unb.ca/node/4400] Call Nmber:HIL-MICL FC LFR .M3845D3F3
10. ↑ ^{10.0 10.1 10.2 10.3 10.4 10.5} 'Calendar of Historical Manuscripts, Relating to the War of the Revolution, in the Office of the Secretary of State, Albany, N.Y. (Weed, Parsons & Co., 1868)Vol. II.
    Examination of the Tories: Jacob Davis and Andries Longyear | Pages 113-114
    Proceedings of a Court Martial Pages 120-129
    Petition of the Prisoners | Pages 162-165
11. ↑ Longyear, Edmund J. The Descendants of Jacob Longyear of Ulster County, New York 1942. Tuttle Morehouse & Taylor, New Haven, CT. Pps ix-xvii
12. ↑ Barber, John Warner and Howe, Henry Historical collections of the state of New York. 1846. New York, Pub. for the authors, by S. Tuttle; Page 558- Digital copy at Archive.org
13. ↑ New York In The Revolution as Colony and State, by James A. Roberts, Comptroller, Compiled by Frederic G. Mather, Second Edition 1898, THE LINE - FIFTH REGIMENT, http://threerivershms.com/nylinefifth.htm, The Levies--(Dubois), http://threerivershms.com/nyleviesdubois.htm

Publications

• Public Papers of George Clinton (Source Free Space Page) the Senate House Library, Kingston document 2750, Folder 5415
  • Volume 1, Pages 749-792 (digital copy at Archive.org)
  • Volume 2, Page 635 (digital copy at babel.hathitrust)

• "New York Historical Manuscripts: Revolutionary Papers"; Calendar of Historical Manuscripts, Relating to the War of the Revolution, In the Office of the Secretary of State, Albany, N.Y. Vol. II. Albany, NY, USA: Weed, Parsons, and Co., 1868
  
  • Examination of the Tories: Jacob Davis and Andries Longyear | Pages 113-114 (at hathitrust)
  • Proceedings of a Court Martial Pages 120-129 (at hathitrust)
  • Petition of the Prisoners | Pages164-165 (at hathitrust)
  • Petition in favor of Abraham Middagh. July. Page 251 (Image 262)
  • Ppetition of Abraham Middagh Dec, Page 312 (image 322)

• ' Olde Ulster: An Historical and Genealogical Magazine: "Old Ulster Tories" (at Archive.org)' (Brandow Printing Company, Albany, N.Y., Volume 2, 1906 page 306-310 "

• Barber, John Warner, and Howe, Henry. Historical collections of the state of New York. 1846. New York, Pub. for the authors, by S. Tuttle; Ulster County -Page 558- (at Archive.org)

• Longyear, Edmund J. The Descendants of Jacob Longyear of Ulster County, New York (at Archive.org) 1942. Tuttle Morehouse & Taylor, New Haven, CT. Pps ix-xvii

Websites

• Traitors in Kingston - The Squaredealer blog
• Excerpt: A History of the King's American Regiment - Part 1 of 8 The On-Line Institute for Advanced Loyalist Studies

See Also:

• American Rev.--Lodewyck Sheeley--Conrad Sheeley's brother by Julie Martin September 04, 2010 at 02:04:19, Genealogy .com, https://www.genealogy.com/forum/surnames/topics/sheley/54/
• Dutch Uncles — and Loyalists, by Stephen Davidson, Loyalist Trails 2008-06, February 10th, 2008, https://uelac.ca/loyalist-trails/loyalist-trails-2008-06/
• More about “Dutch Uncles”, Logan Bjarnason UE, “Loyalist Trails” , 2008-09: March 2, 2008, https://uelac.ca/loyalist-trails/loyalist-trails-2008-09/
• A History of the King's American Regiment - Part 1 of 8, Recruiting a Regiment, http://www.royalprovincial.com/military/rhist/kar/kar1hist.htm