[draft] [London], England, 1703 The Case of the Petitioner Robt Livingston of Albany within the Province of N: Yorke in America He managed all Treatys and Publik negotiations at Albany with the five nations of Indians, for Twenty years before 1695, without any salary or other recompence from the Government 1687 When the French from Canada invaded the five nations of Indians subjects to the Crown of England, he victualled four Companies of foot, and a Troop of horse, then rais'd by Coll Dongan (now E: of Lymryck) Governr. of N: Yorke, for the suport of the Indians wherein he expended £2172: - N York money 1687 1688 He paid to, and disbursed for the souldiers at N: Yorke employed in that Expedition, and for the support of the garrisons of N:Yorke & Albany, the further sums of £527:19:31 1/2 £233:9:1 & £388:8:7 makeing together £1249 [?] - N: York money. For the first sum of £2172: he had security from Coll Dongan by a mortgage, but without Intrest, and in aprill 1693 Coll: Dongan haveing obtaind 2500 [?] sterling money in Tallys upon 3 fourths of the Customs, [fords] his greater disbursements in that warr, the Petrs. agent receivd part of those Tallys for 1670 [?] to wh. sum of sterling money 2172 [?] N: York money to reduc'd amounts to, For receiving and disposeing of which Tallys, his agent charg'd him with 50 [?] pr. cent vrt. with 25 prcent for solicitation and Incident charges, and 25 pcent more discount of those Tallys, By wh. means the Petr. had no more then £835: [?] for his 1670 [?] disbursed above five years before. The Petitioner came over into England, and Petitiond his late Majestie for Relief, by an allowance of Intrest for those sums disbursed by him & for a salary for his management of the Indian affares, His Petition was referred to the Lords Commissioners of the Treasury, and upon their Report, his Majestie was pleasd by one order in Councill to direct that Intrest for the said £2172 [?] after the rate of 8 [?] pcent (the usuall Intrest allowd at N:Yorke) should be allowd to the Petr. from the time of his disbursing it, to the time of his Receiving the Tallys for 1670 [?] virt. april 1693, to be paid to him here in England amounting to 668.6 sterling money, which was paid to him accordingly. By another order in Councill, his Maj[esty] was pleased to direct a warrant to the Governour of N: Yorke for stating an acct. of Intrest of the 3 other sums disbursd, & amounting to £1249:- N York money from the time of the Petr. advanceing the same respectively to the time of Their repayment, and to pay such Intrest out of the Revenues of that Province, which account was accordingly stated by the Governour & Councill in May 1699 & the Intrest amounted to 8882 [pounds]: 6 [schillings]: 8 3/4 [pence] but no part of it has yet been paid. By another order in Councill, his Majesty was Pleased to Counstitue the Petrs. secretary or agent for the Government to the Indians, with a salary of 100[?] p. annum sterling money from the 25th of march 1695, to be paid not of the Revenues of N: Yorke: which office the Petr. has Executed ever since (as appears by the Propositions yearly transmitted hither) to his own great [2] Expence and [harand], and the full satisfaction of the Governours of that Province, who have Certified the same to the Lords Commissioners for Trade & Plantations. The E: of Bellomont signd warrants for this sallary from the 25th of march 1695 to 25 Septembr 1700 amounting to 550 [?] sterling money, to be paid out of the Customs of N: Yorke. The Revenue of N: Yorke out of which this was to be paid, being so very much anticipated, that this money could not be paid in Course in severall years the Petr. was forc'd to assign them to his Creditors at 20 [?] pr cent Losse. The E: of Bellomont soon after conceiveing some displeasure at the Petr. Who was then at Albany, by an order from himself & thereof his Councill Countermanded the Payment of those warrants, for the Petrs. salary, which made the the Persons to whom he assignd them to return 'em upon him, and necessitated the Petr. to take up moneys at 10 [?] pr cent Intrest to pay those Creditors. There was then further due to the Petitioner for victualling the Established forces at Albany from 1st of may 1698 to 1st of November 1700, as upon Examination of his accounts and Certificate of the Lord Bellomont appears, the sum of [?]. There was then likewise due to the Petitioner as Commisary of the Forces at Albany from the first of may 1699 to first of November 1700 at [?] salary p[er] day £68:15:0. But an Act of Assembly haveing been pass'd in october 1700 appointing Commissioners of accounts, to inspect all accounts of Publick moneys for 17 years then last past, the Petitioner instead of being paid, what was due to him, was summond to appear & lay before those Commissioners, an account of all moneys he had receiv'd, as well from the King, as for the King, for 17 years past, tho his accounts had been Regularly audited & allowed, & his vouchers deliverd up, & to render him uncapable to doe soe within the time preferd by them, his audited accounts and vouchers wh. were Lodg'd in the Clerk of the Councills office were [ser'd] and taken from [there]. Dureing this time the Lord Bellomnt dy'd and the Leut. Gov. Nanfan succeeding him, an Act of Assembly was by the artifices of Mr Attwood & Mr Weaver (the two Late Incendiarys of the Province of N: York) contriv'd & passd in October 1701 for Confiscating the Petitioners Reall & Personall Estate, for satisfaction of such money as should appear to be Receivd by him for 17 years then last past, unlesse he appeard & cleand his account before 25th March 1702. The Province was soon after this brougt into Confusion by Prosecutions for Imaginary Treasons, and the Petr. not daring to appear, Atwood & Weaver caused an Inquisition to be taken at N: Yorke, and his Reall & P[ers]onall Estate there to be seiz'd. The Lord Cornburys arrivall putt a stop to those outrages & then the Petrs. accounts were Examined and allow'd by Commissioners apointed [3] by his Lordship, and afterward by the Councill themselves, and an Act of Assembly pass'd in November 1702 for vacating the fomer vexatious act, Contriv'd for the oppression of the Petr. and others, who would not joyn with the then prevailing Faction, and the Petr. was restored to his Estate that had been seiz'd. Feb 1702/3 The Petitionr. by Petition represented his severall Debts to the Lord Cornbury & pray'd Payment wh. debts upon a Reference to the Councill were Examin'd by them, and Reported to be due, but his Lord[shi]p haveing found an Empty Treasury, the Revenue much anticipated, & charg'd with a greater debt, then it had ever been, and there being, and there being [sic] now war Commencd again, which increases the Contingent Charges of the Governmnt: It is impossible the Petitioner should be paid there before he will be deceivd by the Intrest at 10 pr cent which he pays for money borrow'd to satisfy those debts he Contracted for victualling the Forces, he haveing been oblig'd to give mortgages of his Lands to some, & his Bonds to others, & to Renew those Bonds two or three times for the sum of Two thousand & fifty Pounds, the Intrest whereof amounts to 205 [?] p[er] annum. The sums of Money he is intituld to are 1st For 8 years salary as Secretary of the Indiann affares from the 25th of June 1695 [?] p[er] annnum which in N: York money amounts to . . . £1040:-:- 2 For the Intrest of 3 severall sums making together 1249 [?] and stated in may 1699 pursuant of his late Maj[esty's] warrant . . . £882:6:8- 3 For 1 year 1/2 salary as Commissary to the forces at Albany; ending the first of November 1700 at 2 [pounds] 6 [schillings] pr day . . . £68:15- 4 For victualling the Establishd Forces at Albany as pr account allowd and signd by Ld. Bellomont virt. From 1st day of may 1698 to 25th March 1699 . . . £853:10:9 1/2 From 25 December 1699 to 26 April 1700 . . . . . . "328:3:10 £1181:14:7 5 For Intrest of that money at 8 pr cent, (the Petr. haveing taken up most of it at 10 pr cent) to the 31 of august 1703 as [illegible] acct . . . £456:6:4 1/2 6 For the Intrest of 8 pr cent for the above sum of £882:6:8 3/4 due by the Late King's warrant, from the time it was stated in may 1699 to 31th of august 1703 £300:19:2 For Intrest of 8 pr cent to the 25 of June 1703 for the money due upon the warrants wh. were given by the Ld. Bellomont, & assignd by the Petr. to his Creditors, & return'd upon him for non Currency, to pay which he took up money at 10 pr cent . . . £305:11:- In New York money . . . £4235:12:10- In Stirling money . . . £3258:3:8 The Petr. humbly hopes that these moneys will, & prays that they may be paid to him here in England, where there is a proper Fund which he is advis'd ought to be charg'd with them. For the Revenues of N: Yorke, which ought to have been applyd, to the satisfaction of the Petrs. debt, have been apply'd to defray the Incident charges of the Forces and [Fortifi]cations, and there being now due to the four Companies of N: Yorke £3269 & out of wh. 30 pr cent amounting to 3979 [?] is appropriated, for such Incident charges he humbly Conceivs, it is but Equitable that such 30 [?] should be paid to such p[er]sons to whom the Revenue of N: Yorke apply'd to those Contingent Charges, ought to have been paid, & more Particularly to the Petr. to whom 3053 [pounds]: 18 [schillings]: 3 1/4 [pence] N: York money was due out of the Revenues so missapply'd & £1181:14:7 is due out of the remaining 13264 [?] payable for subsistance of those Comp[anie]s. unlesse his Maj[esty] shall be pleased to appoint some other method for his satisfaction, all which is most humbly submitted by the Petr. Rob[er]t. Livingston [docket] 1703 No. 3 Rt. Livingston the Petrs. Case