Daniel (Donald) Livingston 1730-1793

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Canadian Livingstone
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Daniel (Donald) Livingston 1730-1793

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Daniel (Donald) Livingston (1730-1793/1794) (An Update)
In the past there was a certain amount confusing info regarding this Daniel(Donald) Livingston and it only recently that equipped with additional information that I felt able to improve on my earlier attempts to understand and explain the essential details of Daniel (Donald's) early life in the Colonial Province of New York, during the American Revolution and in final years beginning in 1784 when he left his home at that time in Argyle Township, Albany County, New York State and settled in Augusta, Johnstown District, Upper and petitioned for a land grant.
Daniel (Donald) Livingston is thought to have born abt. 1730 on the Isle of Islay in southern Argyllshire but this is not 100% certain. Most of the Church of Scotland Parish records from Parishes in the County of Argyllshire dating from the first half of the 18th Century in fact have not survived. And the Donald Livingston from Islay who with his wife Isabella and two sons who arrived in the Argyle Patent, Albany County, NY from Islay with other Islay settlers back in 1739 was not the former private Daniel (Donald) Livingston of the 78th Regiment (Fraser's Highlanders) who settled in about 1763/1764 in Albany County, NY.

From a later Upper Canada land petition it is clear according to eldest son John that his father was of Highland Scotland origin, but neither David or his son John in their Upper Canada land petitions state a exact location. It seems however almost certain he was born in Argyllshire as he likely joined up the Frasers Highlanders in 1757 in neighbouring Inverness-shire and at that time in that area most of the highland Livingstons resided in Argyllshire He ia no known relation with Donald Livingston husband of Isabella Mcquaig or for that matter with the above mentioned Archibald Livingston. He arrived in Albany County, NY probably in the area of the Scottish settlement the Argyle Patent awaiting a land grant for his former military service following his 1763 discharge from the 78th Regiment of Foot after the Regiment was disbanded in Quebec and with other former soldiers of the 78th Regiment took advantage of settlement opportunities offered discharged soldiers located in Albany County in the Province There is no apparent family connection between Isabella's late husband Donald Livingston of Islay Argyll and Donald (Daniel) Livingston (1730-1793).



Donald (Daniel) Livingston served for seven years enlisting in 1757 in Scotland in the 78th Regiment of Foot (Fraser's Highlander's) and served in Canada during the French and Indian Wars arriving in 1757 in Canada. The 78th Regiment organized themselves in Inverness that year and sailed from Glasgow, Scotland in April of 1857. In the 1757/1758 period the Regiment was stationed for a time in Connecticut. Later in 1758 they prepared for an Invasion of Louisburgh a well fortified french settlement now in present day Nova Scotia and in July of 1758 they were participating in the Battle of Louisburg and in July of that year the French were defeated at Louisburg. In the Spring of 1759 the 78th Highlanders joined up with General Wolfe and his attack on the Plains of Abraham in Quebec and helped to defeat the French in Quebec in that year.

The 78th Regiment of Foot (Fraser's Highlanders). Donald McIntyre, Donald Livingston's neighbour in the 1760's and early 1770's in Albany County also served in Frasers Highlanders and stated years later in one of his Upper Canada Land Petitions that the " Petitioner had the honor of serving in Fraser's Highlanders (the 78th Regt.) at the taking of Louisburgh, Quebec and Montreal was in the action of the 13th of September 1759 under General Wolfe on the plains of Abraham and in the action of the 18th of April 1760 under General Murray." A surviving subsistence roll dated August 16,1763 of those in the 78th Regiment (Fraser's Highlanders) in Quebec following the end of the French and Indian Wars, confirms that Donald (Daniel) Livingston served as a private in Capt. Alexander Campbell Company.

The French and Indian War ended with the defeat of the French and Fraser's Highlanders was subsequently disbanded in Quebec in 1763. Some of the officers and enlisted men decided not to return to Scotland but take up settlement in land grants in Quebec earlier in 1763 in Quebec while others took the option given them to take up settlement in the then Province of New York in land in Albany County. They were to be supplied rations to make their journey to Albany County.
From http://www.gaspejohnpaterson.ca/pages/77regiment.pdf
"At the conclusion of the war, all the officers and men in Montgomery's* and Fraser's regiments who chose to settle in America were discharged, each receiving a grant of land in proportion to his rank; the rest were sent home and discharged in Scotland."

Also this information regarding from a detailed account of the history of the 78th from a 78th Regiment related website:
"When the Seven Years' War ended, plans were made to ship the Regiment home to be disbanded..... Any officer or soldier who opted to remain in America could take their discharge in Quebec, and 170 NCOs and privates accepted this offer. Of this number, 80 wished to settle in upstate New York, and as a special privliege, were given sufficient rations to reach Albany."

While Donald Livingston does not appear on a surviving 1763 list of those officers and enlisted men of the 78th who settled in America at this time it is known from a subsequent 1764 and 1765 Albany County, Province of New York land record that he did do exactly that along with other former members of the 78th Regiment who became his neighbours. Another 1763 Roll of the Fraser's Highlanders from Quebec dated August 16, 1763 a subsistence roll of Officers and enlisted men of the 78th Regiment confirms that indeed a Private Donald (Daniel) Livington served in Captain Alexander Campbells Company during the French and Indian War and is listed in 1763 at the War's end in this Company of the 78th Regiment (Fraser's Highlanders) before receiving his discharge and making the subsequent journey to Albany County, Province of New York hoping to receive a land grant from the Crown and the Government of the Province of New York.

I assume that Donald Livingston arrived in 1763/1764 in Albany County, NY with other soldiers of the Fraser's Highlanders, because by 1764 a preliminary survey of a 150 acre lot in Albany County east of the Hudson River which included Donald Livingston and two others former soldiers of the 78th Regiment. Back in 1764 this lot was thought at this time to be a part of Argyle Town, Argyll County in the Province of New York by the Government of the Province of New York, but what is now situated in present day Rupert Township, Bennington County, Vermont situated along the White Creek in the Whilte Creek meadow near the present day New York State Border. The 1764 Survey on a lot was done for Private Donald Livingston formerly of the 78th Regiment and two other former privates of the 78th Regiment Allan McArthur and a John McDonald. The three of them were to share a 150 acre lot with each of them located on 50 acres which is what Privates each received from the Crown.

1765 King George the Third and the Government of the then Colonial Province of New York granted former soldiers who served in the 78th Fraser's Highlanders during the French and Indian Wars a land grant in 1765 in recently opened up Argyle Patent east of the Hudson River along the White Creek in then Albany County. Donald (Daniel) Livingston was granted a 50 acre portion of a 150 acre lot on May 13th 1765, the lot which Private Allan McArthur and Private John McDonald of the 78th Highland Regiment and others were also located in 1765 in a part of Argyle Patent east of Hudson River along the White Creek at White Creek in the north part of what the 78th Regiment grantees understood in 1765 that their grant was in North East Argyle Township in then old Albany County, NY. In actuality it seems to have been also claimed by neighbouring New Hampshire grantees who referred to this lot as being in Rupert Township, Bennington County part of a New Hampshire grant situated close to the Province of New York border and which later became a part of Vermont. But back in 1764 and 1765 the 78th Regiment grantees were not aware that there would be in a few years a major land dispute between the Province of New York and New Hampshire.Also located on a neighbouring lot adjacent to Donald's lot along the White Creek was a former Sgt. Donald McIntyre also of the 78th Regiment.

I am including a brief excerpt of Donald (Daniel) Livingston's original copy of the 1765 land grant from the Government of the Province of New York which he received that year and which for many years was in the possession in Upper Canada of his son John Livingston who settled with him in Upper Canada.
(original 1765 Military Land Grant NY for 3 former soldiers of the 78th Regiment of Foot (Fraser's Highlanders)
"King George the Third by the Grace of God of Great Britain, France and Ireland King, Defender of the Faith and so forth: To all to whom these Presents shall come Greetings: Know ye that of our special grace, certain knowledge and meer motion We have given, granted, ratified and confirmed and do by these presents for us our Heirs and Successors, Give, Grant, Ratify and confirm unto our loving subjects Donald Livingston, Alan McArthur and John McDonald being disbanded soldiers having served in North America during the late war and last belonging to our 78th Regiment of Foot All that certain tract of parcel of land situate lying and being on the East side of Hudson's River in the County of Albany within our Province of New York Beginning st the Southeast corner of a tract of land surveyed from Donald McGilvray and the others and runs then west twenty nine chains and seventy six links , then South fifty two chains and seventy five links theh East twenty chains and seventy nine links and then north fifty two chains and seventy five links to the place where this tract began containing one hundred and fifty acres of land and the usual allowance of highways.
Witness our truly and well beloved Cadwallader Colson Esquire Our Lieutenant Governor and Commander in Chief of our Province of New York and the Territories defending thereon in America.In Pursuance of our Royal Proclamation of the Seventh day of October in the third year of our Reign at our Fort in our City of New York the thirteenth day of May - One THousand Seven Hundred and Sixty-Five in the fifth year of Our Reign. "


Unfortunately for former soldiers Donald Livingston, Alan McArthur, John McDonald and their neighbour Donald McIntyre In 1771 a jurisdictional land dispute developed between the Province of New York and neighbouring New Hampshire occurred which questioned the legitimacy of their 1765 land grant east of the Hudson River in the original Albany County of that time. Some former soldiers of 78th Regiment in which included Donald (Daniel) Livingston and others who had received a land grant in 1765 in Albany County, New York east of Hudson in the then Argyle Patent later Argyle Township which was challenged by the neighbouring Government of New Hampshire who also laid claim to the lands on which Donald and other former soldiers of the 78th Regiment were now occupying and referred to this area as being in Rupert Township, Bennington County, New Hampshire. According to New Hampshire these settlers were situated in Rupert Township, Bennington County in New Hampshire and these settlers from the Province of New York were not entitled to settle there. As a result of this disagreement there was a flare up between some New Hampshire grantees who objected to the Argyle, Albany County settlers who they believed were occupying the land illegally. At this time then Donald Livington, John McDonald and Donald McIntyre formerly of the 78th Regiment of Foot, (Fraser's Highlanders) were situated on two lots located according to the Government of New Hampshire in Rupert Township along the White Creek in the White Creek Meadows in what they were told was the North West Corner of old Argyle Township in Albany County, NY but actually according New Hampshire this land was part of neighbouring New Hampshire and had been granted to Robert Cochrane and was considered to New Hampshire as part of their New Hampshire grants and located in Rupert Township, Bennington County part of New Hampshire close to the Province of New York border. Donald's land grant along white Creek at White Creek Meadows is today located in Rupert Township, Bennington County, Vermont a State formed several years after Donald and others were forced off their land grants and which today borders Salem Township, Washington County, Salem no longer being part of old Albany County.

On June 11th of 1771 Robert Cochrane led a group of 14 disgruntled and armed New Hampshire grantees who attacked former Sgt. Donald McIntyre of the 78th Regiment and his neighbours including the former Private Donald (Daniel Livingston) were forcibly removed from their log cabins and expelled them from their lots .Donald McIntyre and the other displaced settlers removed to the safety and sanctuary of nearby New Perth (Salem) where they were helped by friends and the congregation of the local Presbyterian Church. It appears that the displaced group of settlers remained in November and through the Winter in the New Perth area and that Donald (Daniel) Livingston never returned to his original land grant north east of New Perth (Salem) adjacent to the White River in the 1770's. According to a descendants of Donald Livingston he relocated to Fitches point in New Perth (Salem) most likely after that.

After their ordeal in June of 1771, Donald McIntyre on behalf of himself, his neighbour Donald (Daniel Livingston) and other displaced and assaulted settlers also formerly of the 78th Regiment (Fraser's Highlanders) petitioned the Governor of the Province of New York Thomas Tryon, reminding him that they had fought for Great Britain during the French and Indian Wars and had been granted this land back in 1765 in then Argyle Patent Argyletown and had been unjustly and forcibly removed from their lots and had their log cabins burnt to the ground, by Robert Cochrane and group of men claiming that land within 16 miles of the Hudson River was a part of a New Hampshire grant. Among those who signed this petition was Donald (Daniel) Livingston said to be a neighbour of Donald McIntyr The lots Donald Livingston and his neighbour Donald McIntyre were granted for their military service was in the White Creek meadow area a few miles north east of the present day town of Salem in present day Washington County but back then in old Albany County. In response to the Government receiving this petition in August it was determined that an investigation should be undertaken. it was concluded that Robert Cochrane and the angry New Hampshire grantee were connected to the trouble maker Ethan Allen leader of the Green Mountain Boys and as a result Governor Tryon had a warrant issued for Ethan Allen and the Green Mountain boys for "forcibly dispossessed Donald McIntyre and others seated on lands east of the Hudson River under Grants of this Province." However despite an eventual increase in the reward, Ethan Allen and his others like him such as Robert Cochrane known to involved in attacks on Albany County,NY settlers on contested border settlements with New Hampshire were not apprehended.


The New Hampshire Government and it's New Hampshire grantees won out in the end over protests of displaced Argyle Township, Albany County grantees of the land along White Creek in White Creek meadow area in the north east corner of what was thought to be by the former soldiers of the 78th regiment to be in Argyle Township, Albany County. It was despite the objections of Governor Tryon of the Province of New York that this land was legitimately actually in Rupert Township Bennington County part of New Hampshire and the claims of the New Hampshire grantees to this land was deemed valid. Later Rupert Township, Bennington County became a part of the State of Vermont.The78th regiment settlers including Donald McIntyre and his neighbour Donald (Daniel) Livingston and the others were not apparently allowed to return to their former land grants after their 1771 forcible removal by the irate New Hampshire grantees.

It is known from accounts of some of Donald Livingston's descendants apparently that Donald (Daniel) Livingston never returned to his original lot he was granted in 1765 after his 1771 expulsion and was still residing in Fitch's Point New Perth (Salem) when in the early years of the American Revolution in August of 1777 Livingston learned that General Burgoynes forces were marching from Canada with a 100,000 soldiers and Indians heading into the Province of New York. After the Allen family massacre in 1777 by a party of Indians connected with Burgoyne's Army in 1777 it is said that Donald (Daniel) Livingston was among a group of settlers who found sanctuary in the General Burgoyne's camp seeking protection following the Allen family massacre. And a short time later Donald Livingston and his neighbour Donald McIntyre both being British sympathizers joined up with Burgoyne's Army and were with him on the battlefield when his forces were defeated by the rebel Americans later in 1777 at Saratoga. His son John Livingston also joined with his father with other local Albany County loyalists wanting to serve with British and General Burgoyne in his invasion of New York. It is not known what loyalist militia group they served with or their Commanding officer. Daniel Livingston mentions in 1793 Upper Canada Land Petition that he served wit General Burgoyne and probably there when he was defeated. The other hand some loyalist militia groups serving with General Burgoyne and the British Army and at the Battle at Saratoga, Ny where Burgoyne and Army was defeated in 1777 were apparently able to escape capture. Interestingly he does not mention being a prisoner following Burgoyne's defeat which he almost certainly would have mentioned in his 1793 Land petition to elicit sympathy on the board of those who would decide on a matter of a land grant. So I assume he with a loyalist militia group was able to escape capture on the Saratoga battlefield in 1777 and it is known that Donald (Daniel) Livingston and his eldest son John apparently returned to the Argyle area in Charlotte County, formerly part of old Albany County, NY according to later Upper Canada records where he and his family were apparently able to live for the remaining 6 years of the Revolutionary War before to departing for Upper Canada in 1784 a year after the War ended.

After apparently escaping capture with other Loyalist militia men following the defeat of British General Burgoyne's forces at the Battle of Saratoga Donald in 1777 ended up possibly returning to the New Perth (Salem) area or elsewhere perhaps what was known in 1777 as Charlotte County formerly part of Old Albany County possibly in Argyle Township where he is stated he was living at before 1784 the year he and his family settled at Augusta, Grenville County, Johnstown District in then Upper Canada.

Donald Livingston ended up leaving his then residence in Argyle Township, Charlotte County (Washington County) in 1784 settling that year with family in Upper Canada which he and many other American Loyalists chose or felt compelled to do following the end of the Revolutionary War. In a later 1789 Upper Canada Land Petition before his departure for Upper Canada living somewhere in Argyle Township in Charlotte County (renamed Washington County in 1784 because of it was a name of the family member of the Royal family and a constant reminder of America's pre Revolution Colonial past.

In his early years in America Daniel Livingston is referred to as Donald Livingston in the records in America and later when he settled in Upper Canada in 1784 he is always referred to as Daniel Livingston and this fact was that was explained by his eldest son John Livingston years later in an 1835 Upper Canada Land Petition. I have added a few further clarifying points in brackets and made some omissions to the originalquote to to prevent any Confusion
"John Livingston of Hickory Township Island off Gananoque (his eldest son) being duly sworn deposeth and saith that he (his father Daniel Livingston) is well known as the Daniel (Livingston (after 1784 when he settled in Upper Canada0.... Donald Livington who was (before the American Revolution) granted land in the Province of New York being one and the same person that the said Daniel or Donald was highlander by birth and called Donald by his Scotch friends and Daniel by the English- that the two names are synonymous."

Interestingly Donald Livingstone now referring to himself as Daniel Livingston by the time of his 1789 Upper Canada Land Petition he still refers to Washington County as being Charlotte County in the Province of New York, (which had long before 1793 become the State of New York) perhaps hoping to impress upon those from the Government of Upper Canada reading his land petition of his continued loyalty to the Crown and to Great Britain in addition to the information he included regarding his having served in the French and Indian Wars in the 1750's and early 1760's with the 78th Regiment of Foot (Fraser's Highlanders) and in 1777 years later briefly served with a Loyalist militia made up of American Loyalists who joined up with General Burgoyne's Army in that year invading, and hoping for significant military victories against the rebels forces in the then Province of New York.

Daniel, his son John and other sons settled in Augusta Grenville County ,Johnstown District, Upper Canada in 1784.This was in what was later known as Leeds and Grenville County area in Eastern Ontario. Daniel petitioned Government of Upper Canada firstly in 1789 for a land grant in recognition for his past extensive military Service for Great Britain with the 78th Regiment of Foot (Fraser's Highlanders during the Colonial America French and Indian Wars and later when he joined up with other loyalists serving with the British Army and General Burgoyne in 1777 during the American Revolutionary War, to compensate him for his financial losses prior to 1784 in (Charlotte) Washington County, New York State. and eventually the Government of Upper Canada recognized apparently some years and approved Daniel Livingston as an United Empire loyalist and put his name the U.EL. list. Daniel Livingston as being an United Empire Loyalist (U.E.L.) having confirmed and certified his Loyalist status officially in an Order in Council based on his supporting information he supplied to the Government of Upper Canada that he joined with a loyalist militia in 1777 when General Burgoyne's Army and his loyalist troops made their way south in New York passing through Charlotte County near Albany County where there a good number of Tories supporting the British cause in the War. He noted that he with General Burgoyne's forces when they were defeated at the Battle of Saratoga, NY later in 1777. Daniel also mentioned that he served earlier during the French and Indian Wars for almost 7 years with the 78th Regiment (Frasers Highlanders) which no doubt also would be to his advantage.

Apparently Daniel's sons including his eldest son John Livingston also came to Upper Canada with him in 1784 but a daughter is said to have stayed behind in Argyle Township in Washington County in New York State and had family there. Upper Canada Land Petitions of 1798 indicate that several sons who were born in Province of New York prior the Revolution came up to Upper Canada and petitioned for a land grant which helps to identify Daniel's sons at this time in Upper Canada.

To the Honorable Richard Duncan, Justus Sherwood and John Munro Esquire

The Petition of Daniel Livingston 1789 Petition 118 Daniel Livingston
Late of Charlotte County and Province of New York
Most Respectively
Sheweth
That your Petitioner has served seven years in his Majesties 78th Regiment of foot now begs leave to become (a) settler on his Majesty's vacant land ____ for the _____ of Loyalists
Your Honor, Petitioner ___ leave to observer that he joined the Army under the Command of General Burgoyne whom your ____ continued during that Campaign but from ____ and unforeseen misfortunes was unable to leave the Country where I rendered every _____ ___ to HIs Majesty's subjects that was in my power therefore your Petitioner ___ humbly begs the Board with their blessing to take my ____ under their
___ consideration and grant such ___ portion of land their ___ as they shall think ___ and their ____

In duty bound shall ever pray

Daniel Livingston


1793 Petition 119 Daniel Livingston
The Petition of Daniel Livingston late of the State of New York most humbly sheweth that your petitioner is of good character and wishing to become a a subject to his Majesty's ________ may he be indulged with 200 acres of land and prays it may be granted to him

Daniel Livingston's sons also settled in Augusta, Grenville County, Johnstone District and received a land grant here in the 1790's. Their names were:
John Livingston




All that is known about Daniel Livingston's death is that he died in 1793/1794 apparently hit by a falling tree.

It was fortunate a descendant and co-author of an article on his ancestor former 78th Regiment SGt.Donald McIntyre who one time visited the forum and who first brought to my attention in 2017 to the fact that there were some significant old New York State records linking his ancestor Donald McIntyre also formerly of the Highland Scottish 78th Regiment of Foot with this Donald (Daniel) Livingston whom myself and some others had been discussing on the Forum for a number of years. His advice proved quite helpful to me back then proved more recently quite helpful in updating and correcting some earlier info I written regarding the history of Daniel Livingston. The New York information helped to clarify where approximately Daniel Livingston's 1765 Land Patent from the Crown and the Government of Colonial New York was situated in old Albany County, NY among other things.

regards,

Donald
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