PROCLAMATION.

RESISTANCE TO THE CIVIL AUTHORITY IN THE COUNTY OF ALBANY.

DECEMBER 10, 1839.

WHEREAS the sheriff of the county of Albany, on the 5th day of December instant, represented to me that he and his deputies had on several occasions been resisted in executing various civil process of the supreme court against citizens of the said county, and had found it impossible to execute such process; and that therefore, on the second day of December instant, he had summoned the power of his county, or so much thereof as seemed expedient, and with that power, consisting of several hundred unarmed citizens, had proceeded to the towns where execution of the said process was required to be made; aud that he was met by a large body of men, who effectually resisted him and prevented his further progress in the discharge of his duty; whereupon he had returned to the city of Albany and then applied to me to call out a sufficient military force to enable him to execute the said process;

And whereas, being unwilling to adopt that final remedy of the evil thus complained of, until every effort of a less serious character to maintain the supremacy of the laws should have been made, I directed the sheriff to obtain warrants and attachments against the persons who had resisted him in the discharge of his duty, and to proceed with the armed power of his county to execute the said process, warrants, and attachments;

And whereas, it has been made known to me that the said sheriff, together with the armed power of the county, assembled in pursuance of such directions, has been met by a large body of persons with an evident intent, accompanied by threats, of preventing him from executing the said civil and criminal process, and that the said armed power of the county is insufficient to enable him to perform his duty:

Now, therefore, be it known, that, by virtue of the laws of this state, I have taken measures to call forth a sufficient military force to enable the sheriff of the county of Albany to execute effectually the legal process committed to him and to maintain the supremacy of the laws. But, before actually employing the said military force, it appears proper to issue this my proclamation, with a view to avoid that extremity. I therefore enjoin upon the people of this county and all others whom it may concern, that they aid and assist the officers of justice in performing their duty. I appeal to all who have taken part in these unlawful proceedings, to reflect upon their nature and consequences, and to remember that resistance to the officers of justice is a high misdemeanor; that when such resistance becomes concerted and organized it is insurrection, and that if death ensue the penalties of treason and murder are incurred; that the only lawful means to obtain relief from any injuries or grievances of which they complain, are by application to the courts of justice and to the legislature, and I assure them that they shall receive every facility which the executive department can afford in bringing their complaints before the legislature. I enjoin upon them, therefore, to desist from their opposition, and to conduct and demean themselves as orderly, peaceable and well-disposed citizens, justly estimating the invaluable privileges they enjoy, and knowing that the only security for the preservation of their rights consists in the complete ascendency of the laws. I call upon them to remember, that while it is by no means my desire to look with severity upon offences which may have been committed under excitement and without due consideration of the consequences, the laws of the land cast upon them most serious responsibilities for any unhappy consequences which may result from further resistance to the authority and power of the people of this state. I warn them that assemblies for the purpose of hindering or obstructing the officers of justice are in themselves unlawful, and can not result otherwise than injuriously to the peace and happiness of the community and the public safety. They are, therefore, enjoined to abstain from tumultuous assemblages, which often lead to results not contemplated, and which are sure to involve the well-meaning in the consequences of rash counsels and the movements of evil-disposed persons.

VOL. II.-23

DIFFICULTIES IN THE MANOR OF RENSSELAERWYCK.

ALBANY, MARCH 14, 1840.

TO THE SENATE:

A RESOLUTION of the senate has been received, requesting me to communicate to that body the evidence of resistance to the execution of process, upon which the militia were called into service in December last; whether any portion of the militia of Albany county were called out; and, if so, at what time and under what provision of law; whether any reinforcements were despatched to the aid of the force first called into service; and, if so, upon what evidence of the necessity of such reinforcement; what was the whole number of the militia engaged in service or ordered to hold themselves in readiness therefor; from what counties called, and at what places did they rendezvous, and how long were they on duty.

In compliance with that resolution, I respectfully inform the senate, that, on the second day of December last, the sheriff of the county of Albany left that city with the power of his county, consisting, as was then understood, of seven hundred citizens, who had been assembled by him to aid him in the execution of civil process in several towns in his county, and in overcoming resistance which he apprehended in the performance of his official duty.

The sheriff informed me, at eleven o'clock, P. M., of the same day, that he had made an unsuccessful attempt, with the aid of the power of his county, to execute process, and required me to call out a sufficient military force to enable him to perform his duty. I directed the sheriff to submit a statement of his proceedings in writing, and advised him to consult with, and avail himself of the advice and assistance of, the district attorney of his county and the attorney-general.

On the fourth of December the sheriff submitted to me a statement, which was prepared by the district attorney. In this statement the sheriff represented, that, during three months previous, he had had process in favor of Stephen Van Rensselaer and others, executors, &c., of Stepben Van Rennselaer, deceased, against different individuals, residents of the towns of Knox, Bern, Rensselaerville, and Westerlo, and, as he believed, against persons residents of other towns in the said county, which process included declarations and writs of fieri facias, issued out of the supreme court, and returnable on the first Monday of January then next; that his under-sheriff, Amos Adams, about the twentyeighth of August last, attempted to serve process in suits brought by the same parties, upon persons residing in the towns of Westerlo, Bern, and Rensselaerville; that he served a declaration upon a person named Hungerford on the said twenty-eighth of August; that Hungerford ordered him to return to Albany, and not pursue his purpose of serving such process; told him he could not go through that part of the county and return alive to Albany; that they (meaning persons in those towns) were determined to spill blood; that they had pledged themselves that no officer should travel through that region to serve process for the patroon, and that they had made up their minds to die in the cause of resisting any officer who should come on the patroon's business. The under-sheriff, nevertheless, proceeded in the performance of his duty, and served several declarations, and remained that night at Rensselaerville. In the night, injuries were done to his horse, wagon, and harness, all of which had been left in a stable carefully locked.

The sheriff further stated, that he had before heard that great excitement prevailed in the said towns of Rensselaerville, Westerlo, Bern, Knox, and other places in the county of Albany, among persons holding leases from the late Stephen Van Rensselaer and the tenants of the present Stephen Van Rensselaer, who is commonly known as the patroon; that the tenants had previously, in a body, resolved and conspired together to resist the collection of any rent by Van Rensselaer, and the service of all process for the collection thereof, or for enforcing the covenants contained in the leases by which their lands were held, until said Van Rensselaer should comply with their demands; that about the fifteenth of September, he employed Daniel I. Leonard,

an active and fearless young man, to serve declarations in favor of the patroon on Paul H. Vincent, Hugh Scott, Jacob Wright, Isaac Willsey, James Leggett, Peter Powell, Richard C. Fowler, Andrus Onderdonk, David Smith, Jacob I. Dietz, Johan Jost Shaver, John Shaver, and Peter Tarbush; that Leonard served a declaration upon Paul H. Vincent; that Vincent immediately sent a messenger to inform one of the neighbors that "one of the patroon's men was out serving papers;" that very soon afterward alarms were sounded in various directions, and Vincent on horseback passed by Leonard, telling him that if he wished to save his life, he must return with as little delay as possible to Albany. He served a declaration on Onderdonk; Onderdonk, subsequently, by threats and demonstrations of violence, induced him to take back the declaration. He attempted to serve a declaration on Leggett; Leggett refused to receive it and Leonard passed on; Leggett, his son, and another person, followed him, threatening to kill him if he should serve any more papers; Leggett called him a scoundrel, traitor, rascal, and villain; put his fist frequently up toward his face, and threatened that he would shoot a man who came on such business. Leonard then, after endeavoring to induce Leggett to take the declaration, laid it down upon the ground; the other persons then, by threats and demonstrations of violence, obliged him to take the process away, and extorted a promise from him not to serve any more process; he then served a declaration upon Willsey, and gave up his purpose of serving other process, and proceeded to Bern on his return homeward. Twelve or fifteen persons immediately came to that place on horseback, and soon afterward fifty persons were assembled; the mail-stage having arrived there, Leonard attempted to obtain passage therein to return to Albany; the persons assembled, among whom were Leggett, Willsey, Onderdonk, and a son of Willsey's, forcibly prevented his going in the coach; they demanded his papers, returned to him some that he had served, and required him to burn them all as a condition of saving his life; they set a tar-barrel on fire, seized him and brought him to the burning barrel; they then compelled him to throw into the flames the process in his possession, and to proceed with the whole party to Filkin's house, where they burned a barrel they had taken with them; thence they proceeded with Leonard to Onderdonk's, where he obtained the declaration he had served on that