Re: Kildalton, Argyll Livingston/es
Posted: Wed Jan 25, 2017 9:33 pm
Hi Brent,
An important Update on the research of Daniel Livingston
I have included some interesting documents from Upper Canada Land petitions pertaining to Daniel and later his eldest son John Livingston.
This first docuument , I was talking about, circa the 1790's from Upper Canada which give details of Daniel Livingston's earlier life in America and his military service which were submitted to Government of Upper Canada and supported Daniel's request for a land grant as having been a Loyalist in America and having served in British Army before and during the Revolutionary War. One document dated May 23, 1798 is a Military Service Record written to support his request to be official recognized by the Government of Upper Canada as an AMerican Loyalist during the REvolution in America and eligible to receive a loyalist land grant and the other document his Upper Canada Land Petition also from 1790's. This record acknowledges both Daniel's military service during the Revolutionary War with the British Military in one of the regiments which served in the New York Campaign of 1777 under British General Burgoyne that later that year defeated and many of men taken prisoner by the Americans. I should note that Daniel does not state that he was captured and suffered imprisonment nor does it state he was at the final battle at Saratoga in 1777. I would think he would have included that information to get sympathetic treatment from the Crown and to help guarantee that his petition for land in Upper Canada was accepted. His other sons petition the Government of Upper Canada as well, but John Livingston's are the most interesting in that they include additional details and documentation regarding his father's earlier history in American before and during the Revolution that can't be found anywhere else.
In this petition document to the Government of Upper Canada, Daniel Livingston Sr. states that he served in the 78th regiment of foot and prior to arriving in Canada his place of residence was Charlotte County, New York State.
1793
To the Honorable Richard Duncan, Justus Sherwood and John Munro Esquire
The Petition of Daniel Livingston 1793
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
https://en.wikipedia.org/wiki/John_Burgoyne
1793
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
Now it seems that Daniel Livingston Sr. died not long after he completed his Upper Canada Land Petition, apparently sometime in 1793, hit by a falling tree. The next records of interest are from 1798 when Daniel's eldest son John Livingston is petitioning for his father and himself to put on the U.E. list. Later in an 1835 Land petition of the son John he seems to stating that he received a land grant of 200 acres in 1798 but that his father did not receive a land grant or any compensation for his losses which is interesting if correct.
1798
1798 Daniel Livingston's eldest son John Livingston of Augusta, Grenville County, Johnston District, Upper Canada
The next record is a brief petition of Daniel Livingston's eldest son John Livingston requesting for he and his late father be put upon the U.E list. It appears that John had a certificate of military service included pertaining to his father's military service done in 1798 a few years after Daniel Livingston's death inseeking to have his late father Daniel and himself recorded on the U.E. List as United Empire Loyalists. John includes with his petition at this time a certificate from the Johnstown District Justice of the Peace Alexander Campbell verifying Daniel Livingston Senior's military service with the British Army both before the Revolution and during the Revolution in America to help verify his father's military service.
John Livingston Memorial July 26,1798
"to be put upon the U.E. List"
May 23, 1798 Military Service Certification Record of Daniel Livingston Elizabethtown, Upper Canada
by Alexander Campbell Justice of Peace Alexander Campbell Johnstown District, Upper Canada
Elizabethtown May 23, 1798
This may certify that Daniel Livingston Senior a native of Scotland, came out to America last French War as a Soldier in Montgomery's Highlanders. After the Revolution he made the Township of Argyll (New) York Government his place of residence, being a great Loyalist (he) joined His Excellency General Burgoyne's Army in the year 1777 and being ___ at the Quarter _____ ______ at New Johnston Eastern District was neglected having his name inserted as U.E (United Empire Loyalist) although a man who ought to have received the height of attention from the British Government. Said Daniel Livingston has a son smart ____ _____ for Country _____.
Alex Campbell JP.
That year 1798 Daniel's son John Livingston received 200 acres of land Concession 7 Lot 26 in Kitley Township in the Johnston District of Upper Canada from the Government of Upper Canada.
It gets more interesting upon study of the old documents pertaining to this Livingston family.
1835
Later in 1835 when the elder son John Livingston agains petitions the Government of Upper Canada regarding a land issue, he goes all out and interestingly includes some of his later father's old and valued documents from Colonial New York days with documentation indicating that during the French and Indian Wars he actually served with the 78th Regiment the Frasers Highlanders rather than the other highland regiment Montgomery's Highlanders. Could the Justice of Peace Alexander Campbell in 1798 got mixed up or did in fact Daniel serve both with Fraser's Highlanders and the Montgomery Highlanders. Soldiers from both Fraser's Highlanders and Montgomery's Highlanders received land grants in New York Colony in the years following the peace treaty of 1763. I had not looked this collection of documents with John Livingston's petition of 1835 and what he the additional information he includes is most interesting and somewhat surprising. I was a bit confused because they seem to be later numbered out of sequence, so I have changed to the sequence so the info in the documents make. Together they present a rare glimpse into a part of the early military and settlement history of John's father Daniel Livingston with the additional documents that John included with his Petition to Government of Upper Canada.
1.Document 41 E 1835 Upper Canada Land Petitions
Home District
John Livingston of Hickory Township Island off Gananoque being duly sworn deposeth and saith that he is well known to Daniel on the U.E. List and Donald Livingston who was granted land in the Province of New York being one and same person that the said Daniel or Donald was a highlander by birth and called Donald by his Scotch friends and Daniel by the English - that the two names are synonmynous. Known to any ___ ___ with the Scotch settlement of the Province (of New York) that he this deponent has heard him called as much by one man and the other and that he this deponent was with him at the surrender of Burgoyne's Army.
John Livingston
Sworn before me at Toronto
this 25th of June 1835
James ________
2. 1765 Military Land Grant of Daniel Livingston, in Albany County, Province of New York
John Livingston includes quite amazingly submitted with his 1835 petition an original copy of his father Daniel's Livingston's 1765 military land grant of land in the Province of New York in the year 1765 granted to him after he had completed his Regiment has disbanded in 1763 with the end of the French and Indian Wars in America. The odds that such an old document of old Daniel's would be found years later is quite great. It states:
"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 (Daniel) 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.
4. 1767 sale of land by above mentioned former soldier John McDonald to Daniel Livingston. Basking Ridge is apparently in New Jersey.
Document 41 B
Basking Ridge November 12, 1767
I John McDonald for the consideration of the sum of Three pounds paid to me in hand by Daniel Livingston do here by ___ over all my rights and title __ to the within deed and do bind my self, my heirs, exectors, administrators and _____ to warrand and defend the same against all persons whatsoever
John McDonald
5. Document 41 A
1835 land Petiton of Daniel Livington's eldest son John Livingston emphasing for some father's military service during the French and Indian Wars and that he had received a military land grant, bought land and in the 1760's in the the Province of New York and includes two rare and interesting documents from the 1760's verifying his father's military service during the French and Indian Wars, that he was granted land and that he lived in the Province of New York in the 1760's as he claims in his petition and that his father during the Revolution reenlisted in British Army in America and received no money or lands for those he had lost. John also mentions his earlier petition of 1798 and having received 200 acres of land in Upper Canada.
1835 Upper Canada Land Petition of John Livingston
John McDonald did in the year 1767 assign unto the said Donald or Daniel Livingston his share of the last mentioned land that as above stated the said Livingston on the breaking out of the War joined the Royal Standard and finally at the close of the war came to this Province receiving no compensation either in money or lands for those he had lost.
After that your petitioner by order in council in the year 1798 received a grant of 200 acres of land as the son of the said Daniel Livingston which was located upon the Lot. no. 26 in the seventh concession of the Township of Kitley in the Johnstown District but he now finds that through an error the said Lot has been described to one Choloe Stevens thus throwing your petitioner entirely out of his lands and leaving him a this late day to seek a location under circumstances decidedly disadvantaged
Your petitioner therefore prays your Excellency may be pleased to permit him to locate in order to claim under their and __ act his late Father's quota of lands in lieu of those he had lost in such situations as he may find it vacant and plantible and as near as ____ of ___ ___
As in duty bound,
Your petitioner will ever pray,
John Livingston
Toronto July 28, 1835
6. 41 C and 41D
I hereby certify that the bearer John Livingston is the reputed eldest son of Daniel Livingston of Augusta in the Johnstown District of Upper Canada having known the whole family from the time of their first settlement in Augusta in 1784 the most of them having served under ___ different periods in the militaryof this District and considered truly loyal. I can further certify that this John Livingston was residing with his family a few miles from St. Regis where he had mills in York State in 1814 and was very active and serviceable as pilot and went with me for ___ days and nights ___ this the enemy's country and gave every information in his power to myself and the advance. Those under my command bring detachments from the 19th Dragoons and ___ Grenadiers of the 89th Foot
R. Sherwood Late Captain of Guides and ______ of ____ in Upper and Lower Canada
Rideau Lake 6th of June 1835
regards,
Donald
An important Update on the research of Daniel Livingston
I have included some interesting documents from Upper Canada Land petitions pertaining to Daniel and later his eldest son John Livingston.
This first docuument , I was talking about, circa the 1790's from Upper Canada which give details of Daniel Livingston's earlier life in America and his military service which were submitted to Government of Upper Canada and supported Daniel's request for a land grant as having been a Loyalist in America and having served in British Army before and during the Revolutionary War. One document dated May 23, 1798 is a Military Service Record written to support his request to be official recognized by the Government of Upper Canada as an AMerican Loyalist during the REvolution in America and eligible to receive a loyalist land grant and the other document his Upper Canada Land Petition also from 1790's. This record acknowledges both Daniel's military service during the Revolutionary War with the British Military in one of the regiments which served in the New York Campaign of 1777 under British General Burgoyne that later that year defeated and many of men taken prisoner by the Americans. I should note that Daniel does not state that he was captured and suffered imprisonment nor does it state he was at the final battle at Saratoga in 1777. I would think he would have included that information to get sympathetic treatment from the Crown and to help guarantee that his petition for land in Upper Canada was accepted. His other sons petition the Government of Upper Canada as well, but John Livingston's are the most interesting in that they include additional details and documentation regarding his father's earlier history in American before and during the Revolution that can't be found anywhere else.
In this petition document to the Government of Upper Canada, Daniel Livingston Sr. states that he served in the 78th regiment of foot and prior to arriving in Canada his place of residence was Charlotte County, New York State.
1793
To the Honorable Richard Duncan, Justus Sherwood and John Munro Esquire
The Petition of Daniel Livingston 1793
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
https://en.wikipedia.org/wiki/John_Burgoyne
1793
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
Now it seems that Daniel Livingston Sr. died not long after he completed his Upper Canada Land Petition, apparently sometime in 1793, hit by a falling tree. The next records of interest are from 1798 when Daniel's eldest son John Livingston is petitioning for his father and himself to put on the U.E. list. Later in an 1835 Land petition of the son John he seems to stating that he received a land grant of 200 acres in 1798 but that his father did not receive a land grant or any compensation for his losses which is interesting if correct.
1798
1798 Daniel Livingston's eldest son John Livingston of Augusta, Grenville County, Johnston District, Upper Canada
The next record is a brief petition of Daniel Livingston's eldest son John Livingston requesting for he and his late father be put upon the U.E list. It appears that John had a certificate of military service included pertaining to his father's military service done in 1798 a few years after Daniel Livingston's death inseeking to have his late father Daniel and himself recorded on the U.E. List as United Empire Loyalists. John includes with his petition at this time a certificate from the Johnstown District Justice of the Peace Alexander Campbell verifying Daniel Livingston Senior's military service with the British Army both before the Revolution and during the Revolution in America to help verify his father's military service.
John Livingston Memorial July 26,1798
"to be put upon the U.E. List"
May 23, 1798 Military Service Certification Record of Daniel Livingston Elizabethtown, Upper Canada
by Alexander Campbell Justice of Peace Alexander Campbell Johnstown District, Upper Canada
Elizabethtown May 23, 1798
This may certify that Daniel Livingston Senior a native of Scotland, came out to America last French War as a Soldier in Montgomery's Highlanders. After the Revolution he made the Township of Argyll (New) York Government his place of residence, being a great Loyalist (he) joined His Excellency General Burgoyne's Army in the year 1777 and being ___ at the Quarter _____ ______ at New Johnston Eastern District was neglected having his name inserted as U.E (United Empire Loyalist) although a man who ought to have received the height of attention from the British Government. Said Daniel Livingston has a son smart ____ _____ for Country _____.
Alex Campbell JP.
That year 1798 Daniel's son John Livingston received 200 acres of land Concession 7 Lot 26 in Kitley Township in the Johnston District of Upper Canada from the Government of Upper Canada.
It gets more interesting upon study of the old documents pertaining to this Livingston family.
1835
Later in 1835 when the elder son John Livingston agains petitions the Government of Upper Canada regarding a land issue, he goes all out and interestingly includes some of his later father's old and valued documents from Colonial New York days with documentation indicating that during the French and Indian Wars he actually served with the 78th Regiment the Frasers Highlanders rather than the other highland regiment Montgomery's Highlanders. Could the Justice of Peace Alexander Campbell in 1798 got mixed up or did in fact Daniel serve both with Fraser's Highlanders and the Montgomery Highlanders. Soldiers from both Fraser's Highlanders and Montgomery's Highlanders received land grants in New York Colony in the years following the peace treaty of 1763. I had not looked this collection of documents with John Livingston's petition of 1835 and what he the additional information he includes is most interesting and somewhat surprising. I was a bit confused because they seem to be later numbered out of sequence, so I have changed to the sequence so the info in the documents make. Together they present a rare glimpse into a part of the early military and settlement history of John's father Daniel Livingston with the additional documents that John included with his Petition to Government of Upper Canada.
1.Document 41 E 1835 Upper Canada Land Petitions
Home District
John Livingston of Hickory Township Island off Gananoque being duly sworn deposeth and saith that he is well known to Daniel on the U.E. List and Donald Livingston who was granted land in the Province of New York being one and same person that the said Daniel or Donald was a highlander by birth and called Donald by his Scotch friends and Daniel by the English - that the two names are synonmynous. Known to any ___ ___ with the Scotch settlement of the Province (of New York) that he this deponent has heard him called as much by one man and the other and that he this deponent was with him at the surrender of Burgoyne's Army.
John Livingston
Sworn before me at Toronto
this 25th of June 1835
James ________
2. 1765 Military Land Grant of Daniel Livingston, in Albany County, Province of New York
John Livingston includes quite amazingly submitted with his 1835 petition an original copy of his father Daniel's Livingston's 1765 military land grant of land in the Province of New York in the year 1765 granted to him after he had completed his Regiment has disbanded in 1763 with the end of the French and Indian Wars in America. The odds that such an old document of old Daniel's would be found years later is quite great. It states:
"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 (Daniel) 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.
4. 1767 sale of land by above mentioned former soldier John McDonald to Daniel Livingston. Basking Ridge is apparently in New Jersey.
Document 41 B
Basking Ridge November 12, 1767
I John McDonald for the consideration of the sum of Three pounds paid to me in hand by Daniel Livingston do here by ___ over all my rights and title __ to the within deed and do bind my self, my heirs, exectors, administrators and _____ to warrand and defend the same against all persons whatsoever
John McDonald
5. Document 41 A
1835 land Petiton of Daniel Livington's eldest son John Livingston emphasing for some father's military service during the French and Indian Wars and that he had received a military land grant, bought land and in the 1760's in the the Province of New York and includes two rare and interesting documents from the 1760's verifying his father's military service during the French and Indian Wars, that he was granted land and that he lived in the Province of New York in the 1760's as he claims in his petition and that his father during the Revolution reenlisted in British Army in America and received no money or lands for those he had lost. John also mentions his earlier petition of 1798 and having received 200 acres of land in Upper Canada.
1835 Upper Canada Land Petition of John Livingston
John McDonald did in the year 1767 assign unto the said Donald or Daniel Livingston his share of the last mentioned land that as above stated the said Livingston on the breaking out of the War joined the Royal Standard and finally at the close of the war came to this Province receiving no compensation either in money or lands for those he had lost.
After that your petitioner by order in council in the year 1798 received a grant of 200 acres of land as the son of the said Daniel Livingston which was located upon the Lot. no. 26 in the seventh concession of the Township of Kitley in the Johnstown District but he now finds that through an error the said Lot has been described to one Choloe Stevens thus throwing your petitioner entirely out of his lands and leaving him a this late day to seek a location under circumstances decidedly disadvantaged
Your petitioner therefore prays your Excellency may be pleased to permit him to locate in order to claim under their and __ act his late Father's quota of lands in lieu of those he had lost in such situations as he may find it vacant and plantible and as near as ____ of ___ ___
As in duty bound,
Your petitioner will ever pray,
John Livingston
Toronto July 28, 1835
6. 41 C and 41D
I hereby certify that the bearer John Livingston is the reputed eldest son of Daniel Livingston of Augusta in the Johnstown District of Upper Canada having known the whole family from the time of their first settlement in Augusta in 1784 the most of them having served under ___ different periods in the militaryof this District and considered truly loyal. I can further certify that this John Livingston was residing with his family a few miles from St. Regis where he had mills in York State in 1814 and was very active and serviceable as pilot and went with me for ___ days and nights ___ this the enemy's country and gave every information in his power to myself and the advance. Those under my command bring detachments from the 19th Dragoons and ___ Grenadiers of the 89th Foot
R. Sherwood Late Captain of Guides and ______ of ____ in Upper and Lower Canada
Rideau Lake 6th of June 1835
regards,
Donald