Year 1775 a Merch 1 & about that time (either in the latter end of 1774 or the
beginning of 1775) he was in Goal as he heard from his Clerks. He understood
that his father in Law had taken the whole of the real Estate in execution to
indemnify him for the Security which he had given. The Clerk who told him
so is dead & that the business was carried on by one Jones. Does not know
whether there was any Assignment & heard of no other Creditors but M r Livings
ston. It was the general Idea of people there that M r Hake was a Bankrupt
& ruin d. It was owing to the mode of conducting his business. He gave very
extensive Credit & gave it to any body. He left New York in 1775 & it was
then thought that he went to settle with his Creditors. He came back to New
York in 1778 & he applied to M r Roome who was Secretary to the Commandant
of the Garrison for the Houses in Queen Street which had been his & M r Roome s
Answer was that the Houses belonged to his father in Law M r Livingston & were
returned so on the barrack books. Hake never denied or even affected to deny it.
In Oct r 1778 He obtain d permission to carry up a Quantity of Goods into
the Jerseys under a flag. After this he was to return to his Parole in Duchess
County where he was Prisoner at that time. M r Roome says that there was
no public ground for this but it was done merely to accommodate M r Hake
(Hake had pretended to have been sent out on this Expedition by the Gen 1 for
some private reasons).
He has no Doubt of M r Hake s loyalty & confirms him in the Ace* before
given of saving Gen 1 Skynner s life & says he must have done it at some risque.
They were stopped with this flag by an advanced Post of the Enemy at a Distance
up the river & he went to the Gov r for permission to land the Goods. Gov r Clinton
refused him that permission & ordered him to return to New York. Some of the
Americans came on board & drank his Wine & when he came down the river his
Goods were seized under an Act of the State (which he promises to produce) & he
says that the Seizure was fairly made. This he knows officially it was a Report made
to him as Secretary to the Commandant. He never heard of his having any property
at Rinebeck. Has been there & thinks he must have known it if he had. Knows
that his father in Law had property there. He looks upon his father in Law to
have been worth 8 or 10000 & has several Children. He knows of 5 Children &
therefore does not suppose that he could have given much fortune to M Hake.
Daniel Hammill sworn.
Knew M r Hake. His first knowledge of him was in 1777 & he knows nothing
of his property but by report.
He knew of some Houses burnt at Rinebeck by Gen 1 Vaughan in 1777. One
House was said to be M r Hake s & M r Livingston told the Witness this that
one of the Houses was said to be his. He did hear that M r Livingston had taken
all his property in Execution the person who told the Witness this was Brother
to M rs Hake. He says he fail d & was a broken Merch* before the War therefore
he could have no property but he might have Book Debts. He lived within
12 Miles of Rinebeck & never heard that he had property at Rinebeck excepting
in the Conversation with M r Livingston. Believes M r Hake to have been
a Loyalist. Is rather of Opinion that the true State of the Case is that the
father in Law took the House which Hake had bought & paid the Money for
it & took the Conveyance. He has heard that the father in Law paid many
thousands for him. He says that Hake behaved very ill to his Wife & believes
he killed her by his Cruelty. He has heard the Brother of M" Hake say frequently
when his Children were present that those were the Children of that damn d
Scoundrel Hake who had broke his Sister s Heart.
Confirms M r Roome as to the Manner of seizing the Goods. Says that
Hake had really sold them to one Thomas who gave him an Obligation for them
& they were taken from Thomas. He has seen the Bond.
Major Van Cortland sworn. 2 4 th o f Au g* 1 7%4-
Remembers M r Hake in New York but had no Acquaintance with him.
Knows nothing of his Circumstances or property. Knows Rinebeck but does
not know whether he had any property there or not. He never heard that he
had property there.
Joseph Chew x sworn. 2 7 th of Aug* 1 784.
He was Secretary of Indian Affairs under Sir W m Johnson before the rebellion
& resided in the County of Tryon about 40 Miles from Albany. He had some
little knowledge of him as a Merch 4 [&] in the latter end of 1773 & 1774. He
was in Company with him at Sir W m Johnson s. M r Hake had been a great
Merch* & had then fail d. He knew M r Livingston. Knows nothing of any
surrender of Property to M r Livingston but heard M r Hake s Attorney in the
County where the Witness lived say that his Affairs were put into his hands to
be settled. Does not think him worth in 1775 40000. Thinks him to have
been in a very bad Situation.
Expresses a surprize that M r Hake should receive an Allowance from Gov t
as having done service & says that when it was known it was consider d a laughable
Matter in America.
Says that M r Henry White M r Alex r Wallace & Col 1 Beverly Robinson know
much more of M r Hake than he does.
N.B. The Board gave Directions accordingly to send to the above Gent n
Isaac Ogden Esq sworn. 3 lSt of Au g fc J 7 8 4-
Knows M r Hake. He was a Merch 4 there. There was a report that he
was embarrass d in 1775 & that he had made an Assignm* to his father in Law
& to M r Ludlow another part of his property to satisfy his Creditors in Eng d .
Believes if he had paid all the Money he owed in 1775 he would not have been
worth much. Knows he had an House & Tavern in the Jerseys it was rented
out in Hake s name. Says if his Debts could all be collected in He thinks he
would be worth a considerable Sum of Money. Before the troubles he never
heard of M r Hake having any landed property but the House at Newark. Does
not suspect any fraud in the Assignment to Livingston believes it to have been
a bona fide transaction. If he was to pay his Debts in Eng d as well as America
He w d be worth nothing.
Further Witnesses to the Memorial of M r Hake
Col 1 Beverly Robinson sworn. 3 lSt of Au g* I 7 8 4-
Had no personal Acquaintance with M r Hake but knew he was a Merch*
before the troubles. Thinks he fail d a Year or two before the troubles. He
understood that he was a broken Merch 1 it was the general Opinion at the time.
Knows the District of Rinebeck about 60 Miles from the Witness. Never heard
of his having any property there but he might have had property there & the
Witness not know it. Thinks M r Livingston had property at Rinebeck. Knows
nothing of M r Hake or his property but by Report.
1 He was recommended for the appointment by Sir W. Johnson as a gentleman of a respectable
family in Virginia, formerly an officer in the troops of that colony and afterwards a Captain in the
levies of this province under my command in 1747, in which he behaved very well. He has since had
many opportunities of being acquainted with the Indians (New York Col. Docs., vol. viii, p. 424).
He was taken prisoner in Long Island in June, 1777 (ibid., p. 712).
( 163 )
Thomas Lynch sworn.
Knew M r Hake first in 1770 1771 or 1772. He was a large Importer of
Goods had many Dealings with him & M r Hake paid him very well. The Witness
came to Eng d in 1772 & went back in 1774. M r Hake had then quitted Trade
& he understood it to be on Ace 4 of his Affairs being deranged on ace 4 of his Debts
here. Knew of no landed property that he had but an House at New York.
During the War M r Hake told the Witness that he was jointly bound with
M r Livingston to pay several Bonds &c for which he had given a Security to
his father in Law. Knows nothing more of M r Hake or his Property.
John Rane sworn.
Knew M r Hake a few Years before the troubles. First knew him in 1771.
He was a Merch 1 in New York in a very considerable Line of business. About
this time he married M r Livingston s Dau r . He would have had a considerable
fortune with her if he had pleas d the family but believes he had only 2000
with her. He did not understand that he was a Man of property independent
of his Wife s fortune. He went with M rs Livingston to M r Hake s in 1773 & he
purchased Goods to the Amo 1 of 130 & gave M r Hake his Note for the Money
& when he went to discharge the Note about a Y r afterw ds he found the Note
in M r Livingston s hands. He understood that his Affairs had been bad & that
he had assign d this Note to his father in Law as a Security. He has since under
stood that he had at the same time assign d the greatest part of his property
to M r Livingston. Says he had an House at New York which he understood
was likewise assign d. Says M r Livingston was obliged to pay more for him
than the property amounted to. Knows Rinebeck. M r Livingston had property
there but never heard that Hake had property there. M r Hake s brother in Law
had an House burnt there. Knows Ja s Smith from whom Hake said he bought
the House that he had an House & lived at Rinebeck & believes he lived there
till 1778 when he came into the British Lines.
Further testimony to the Case of Sam 1 Hake Esq.
Alexander Wallace Esq sworn.
The Witness has been settled at New York since the Y r 1777. He did
not know much of M r Hake but was very intimate in M r Livingston s family.
M r Hake took a Store near M r Livingston & thinks he married Miss Livingston
in 1769 or 1770. When he married he thinks he was not worth a Shilling.
When he married he is sure he did not get a Shilling. He gave out that he got
1500 but he is sure he did not. He has heard M rs Livingston say that her
Husband had never given any fortune to her. Says M r Hake fail d in 1773
or 1774 & he was in Gaol in 1774. The Witness went amongst the Creditors
on behalf of Gen 1 Robertson & it was currently said by the Creditors at the
time that all the good Debts were made over to M r Livingston & that what
remain d would not pay two Shillings in the Pound. He never heard that he
had any Land it did not appear to the Creditors then assembled that there was
any Land to pay the Creditors. Knows Reinbeck very well & knows that
M r Livingston had a great deal of Land at Reinbeck & that he built an House
& gave some Land to his eldest Son. Never heard that M r Hake had any Land
( 164 )
there. He has often heard Livingston & Hake both say that the Assignment
made to Livingston was to indemnify him ag* a Bond which he had sign d to
Gen 1 Robertson. He has heard Hake say that he had assign d certain Debts
to M r Livingston & he has heard M r Livingston say that he was secured. From
what he has heard in the family he says he believes that no land was contain d
in the Assignment made to Livingston. He never heard that M r James Smith
had any Land at Reinbeck but knew that the father of M r Smith had some
property at Reinbeck but does not know he left it to James. He says that from
what he knew of Hake & from what he knew of M rs Hake s family he is perfectly
convinced in his own mind & it was the general Opinion that in the Spring of
1775 M r Hake was considerably worse than nothing. The Witness knows that
the British Troops set fire to some Houses at Reinbeck & has frequently heard
the names of those who suffer d by the fire & has heard M r Livingston mention d
as one but never heard M r Hake s name mention d. Has no doubt but Lord
Stirling owed to M r Hake the Money which Hake has mention d. The Acc ts
given in at different times to the Board are shewn to M r Wallace & he looks them
over & after inspecting them deliberately He says he thinks they are not fair
Acc ts that he ought to shew his Books from which they were taken & that after
looking over them he has not a better Opinion of his Solvency than he had before.
Further testimony to the Memorial of Sam 1 Hake Esq.
Robert Barclay Esq upon his Affirmation. 2 3 d of Oct r I 7 8 4-
Has known him for many Y rs as a Correspondent. He has known him
personally since 1773. He was then at New York. He is a Native of America.
His House were Creditors of M r Hake at that time. He believes under ^1000.
He then press d him for the Money. He could not pay it but he said he had
Money enough to pay all his Debts. He then at the instigation of his Creditors
assign d certain Debts to M r Ludlow. His House had that opinion of M r Hake
that they would not trust him till he had paid his Balances. He never heard
of M r Hake s having any Land. M r Cruger * was likewise a Cred r & he was
anxious to get his Money. He does not recollect to have heard of his having
any Land & says to be sure if they could have got landed Security they would
have got it. Says that M r Hake told him that he had made an Assignment to
M r Livingston but he did not hear that in America.
A Certificate is produced signed by several persons One of whom is M r Barclay
(not this Gent n but one of the House) they recommend him to Gov 1 & say that
many of his Losses may be owing to the War. But M r Barclay says that this was
upon the credit of M r Hake s assertion & he desires us to pay but little Credit
to that Certificate. He says that M r Hake insinuated to the Witness that if
he obtain d Compensation under the Act of Par 1 they would be paid.
M r Hake in 1773 was in such Circumstances that both himself & M r Cruger
the Member for Bristol thought it necessary to press him for the balances due
from him. M r Barclay is asked if he then consider d M r Hake as a Man in
insolvent Circumstances. He says he does not think himself able to give a full
1 Henry Cruger, M.P. for Bristol, was the author of the familiar saying, I say ditto to Mr. Burke .
There is a Life of him by H. C. van Schaack.
Answer to the Question as he did not know exactly what his Circumstances were
but he certainly thought he was embarrass d otherwise he should not have thought
it necessary to have press d him.
He is shewn the Ace 4 Current with the Certificate subjoin d dated 6 th Oct r
1784 & says the Commissioners ought not to pay any Attention to that Certificate
as what is there stated arises entirely from M r Hake s own Information.
Says that when M r Hake came round to his Creditors he stated to them
that whatever he got from Gov 1 would go amongst them & he has no doubt
he said so with a View to influence his Creditors to sign his Certificate.
Says he must acknowledge his surprize at M r Hake s having made a Claim
for so large a Sum as .40000.
Memorial of James Nixon Determin d the
James Nixon the Claimant sworn 2jS J u v J 7 8 4 2i st of July 1784.
He was born at Rhode Island. At the Commencement of the troubles
he was a Master of a Vessel that traded to the West Indies.
In 1777 He enter d into the Association at Rhode Island. After the battle A Loyalist.
of Lexington he remain d on shore to take care of his family. In the fall of
1776 He was sent for by the General Assembly & reprimanded for having with
others made representations ag* the taking up of the Custom House Officers.
The Oaths were never tender d to him he never took any. Remain d quietly
till the British Troops took possession. In July 1777 He was appointed to
superintend the Vessels that were employ d to bring Fuel from Long Island
to Rhode Island for which he had an Allowance of a Dollar per Day. He con
tinued in this employ till the Evacuation in Oct r 1779 when he went to Long
Island & was there employ d in the Barrack Master Gen 1 8 Departm* untill July
1782. In 1783 he was allow d 20 N. York C. per Qua r by the Board established
at N. York for the relief of American Refugees. Rec d this till July 1783. He
rec d 3 Qu rs . Produces Certificates to his Loyalty & good Conduct from Col 1
Crosby & Gen 1 Prescott.
After the Preliminary Articles were sign d he went to Rhode Island to make
enquiries concerning his property. Says it was to recover payment of a Vessel
which he had sold to one Horsted Hacker he recover d the Money 800 Dollars
but was immey seized & put into Goal where he was kept till he embarked for
New York. He is proscribed by Name in the Act that was pass d immey after
the Evacuation of Rhode Island.
Came to Eng d the latter end of Jan? 1784 & has been paid .30 by the Bounty 30 in full
Treasury lately to defray his passage Expences to Nova Scotia. He has no
Memorial of Alex r & James Robertson * Determin d the
James Robertson one of the Claimants sworn. 2* d July I7 8 4- 4 h of Augt
He went to America 18 Years ago. Is a Native of Scotland. His Brother
went out two Years afterwards. He is at present at Port Roseway. They had
1 The brothers continued the printing of the Royal American Gazette at Shelburne. After the
death of Alexander, James retired to Edinburgh with his nephew, James, jun. (Siebert, The Flight of
American Loyalists to the British Isles, Columbus, Ohio, p. 1 8).
( 166 )
Loyalists & appear at the Commencement of the troubles Printing offices at Albany & at Norwich
to have been in i n Connecticut. Swears to the truth of all he has stated in his Memorial. Bore
good business as Arms at Charlestown & commanded a Co. of Militia. Produces Certificates
from M r Cuyler late Mayor of Albany M r Matthews late Mayor of New York
& from Col 1 Edmiston to his & his Brother s Loyalty. He went with the Army
up the North river under the command of Sir Henry Clinton & he had served
also in the M a at New York under Col 1 Willard.
Says he lost a com pleat printing Office valued at 311 S. it was at Albany
200. swears that it would have sold for more.
Determin d the Memorial of David Ogden * Esq.
4 " of Au g , 7 8 4 . Qden E$q _ the Claimant _ sworn 23 d July 1784-
A Native of New Jersey. Was appointed in 1752 of his Majesty s Council
A Zealous & meri- & was several Years one of the Supreme Court of Judicature for s d Colony in
torious Loyalist, which Offices he continued till the Commencem* of the rebellion. Says that
in the beginning of 1776 he used his utmost Efforts to oppose the then Measures
adopted by the Provincial Congress & in consequence thereof became very
obnoxious to the Americans & fearful of being apprehended he abandon d his
property in New Jersey & went to New York that the Day after he left his House
a Reg 1 of Continental Troops as he has heard plunder d the same & destroy d
a great part of his most valuable Effects. Remain d at New York till Nov r 1783
when he came to Eng d . He had an allowance there of ^200 per Ann. for about
Bounty 200 a Y r . 3 Years & | prior to the Evacuation. He at present receives the same Allowance
from Gov* which commenced from the 5 th of Jan y 1784. Sir Guy Carleton
order d him on two Occasions to be paid 125 S. exclusive of the Annual
Allowance. Says he used his utmost endeavours when Gen 1 Grant with the
Kings Troops took up his Quarters at his House in persuading the people to
come in & take the Oaths to the King & with so much Success that 26 people
only in Newark did not take the Oaths.
His Salary as one of the Justices of the Supreme Court of the Province of
New Jersey was ^150 per Ann. of New Jersey .90 S. The fees & Perquisites
communibus Annis amounted to 120 C. 72 S.
Brig r Gen 1 Skynner sworn,
Says that he is perfectly satisfied M r Ogden did everything in his power
at the Commencement of the Troubles for the Support of the British Gov fc
that he made himself very obnoxious & was in Consequence thereof obliged
to fly to New York & abandon his property. Says that he M r Ogden was
1 b. 1707, d. 1800. There is a full notice of him in Sabine, op. cit., vol. ii, pp. 123-5. Ogden was
a distinguished lawyer, and, as one of the Council for the Proprietors in suits against the Elizabeth town
associates, became unpopular with the people. A man of conspicuous ability and integrity, he was in 1772
appointed a judge of the Supreme Court, which position he filled until his opposition to open resistance
against the mother country led him to seek safety within the British lines, where he became an active
loyalist. He was looked upon as an oracle of the law, and his opinions had almost the weight of judicial
decisions (Fisher, New Jersey as a Royal Province, 1738 to 1776, Col. Univ. Studies in Hist., &c., xli,
No. 107, p. 62).
( 167 )
possess d of a large Mansion House at Newark. It was a very good Stone House
& values the same at 2500 New York Currency.
Knows the small House adjoining the foregoing is not able to set a Value
on it it was built of Stone.
Values the Lot of 8 Acres at Newark (N 3) at 800 C. Heard an Inhab 1
of Newark say 10 Y rs ago that the Lot was worth from 800 to 1000 C. Values
the Salt Meadows in New Jersey from 12 to .15 C. per Acre. These Meadows
being frequently overflow d by Rains He says the Grass was exceedingly good.
Speaks of the Tracts at Horseneck & says that the Claim 1 made great improve
ments by lowering the Course of the river. He says that these were good Lands.
Supposing them to be 3/4 ths low Lands He values them at j or 8 C. per Acre.
As to the Dispute betw n the Proprietors of E. Jersey & the Inha ts of Eliz^
Town l Gen 1 Skynner says that the title of the people of the latter derived under
Gov r Nicholls 2 was established as valid. The only remaining Dispute was respecting
the Northern Boundary. The Dispute was whether the Line should be run
from the Mouth of the Paysack River or from the Mouth of the Bound Creek
& also whether it should be drawn westward according to the points of the
Compass as they stood at the time of the original Disputes or according to the
variation as it now stands. He is of opinion that the Dispute as to the Boundary
would before this time have been determin d in favor of the Proprietors had
not the troubles happen d. And M r Ogden would have been in quiet poss n of
his Land purchased of Burdge as it was clearly without the rights of the people
of Eliz 111 Town & Bakers Patent was likewise without the Line as drawn from
Bound Creek & great part of it if the Line was drawn from Paysack. Says the
Dispute did affect the Price of the Lands within the Disputed Bounds.
Memorial of Tho s Yorke Determin d the
Thomas Yorke-the Claimant-sworn. ^ J ul ? Z 7 8 4- ** of Au ^ 7 8 4-
Born at Lancaster in Pensylvania at the Commencem* of the troubles he was
concern d with others in a Sail Loft. From the beginning of the Disputes in A Loyalist.
America he took part with G. B. Says that in 1774 at the time of the Non- Did not bear Arms,
exportation Agreem* he took particular pains in opposing their Measures. Never
took any Oath to them or sign d any Association. In Nov r 1776 he was obliged
to fly from his House & go into the Country for a few Weeks. He then embarked
for France & came to Eng d . Produces Certificates to his Loyalty from Gov r
Franklyn Adm 1 Digby & M r Galloway. Never rec d any Allowance from Gov fc
either in America or since he came to Eng d .
Sam 1 Shoemaker Esq sworn. 3 jSt Oct r r 7^4*
Says that he knows the Claim 1 that he had thought his Conduct at the
beginning of the troubles was rather equivocal. That he carried on a Trade
between America and the West Indies & Witness thinks that he traffick d in those
things which were of use to the Americans at the beginning of the troubles.
1 Fisher (op. cit., pp. 176-207) gives an elaborate and careful account of this controversy.
2 Richard Nicolls, b. 1624, d. 1672, the very capable commander of the English expedition against
New Netherland and first Governor of New York. He is in Diet, of Nat. Biography v
Determin d the
25 th of Aug* 1784.
A Zealous & active
render d Services
to the British Gov*
at the risque of
Office of Clerk of
y e C of Orange
i*5 a Y*.
250 a Y*.
Don t think that the Claimant s opposition to the non importation Agreem*
was from any other Cause than because it affected his own Interest. He thinks
that the Claim 1 had sold his Share of the Snow Proteus to M r Gibbs & he believes
to M r Potts also.
M r Shoemaker expresses his surprize at hearing that M r Yorke has made
a Claim for Loss of Property.
Memorial of David Matthews l Esq. Late Mayor of New York
David Matthews Esq the Claimant sworn. 5 th of Au g l ! 7 8 4-