IMAGE EVALUATION TEST TARGET (MT-3) m V / {/ y O . Ci; ^ 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 * ^ t'^/ CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreprodurtions / Institut canadien de microreproductions historiques Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. L'Institut a microfilme le meilleur exemplaire quit lui a ete possible de se procurer Les details de cet exemplaire qui sont peut-etre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, cu qui peuvent exiger una modification dans la m^thode normale de filmage sont indiqu^s ci-dessous. 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Lorsque le document est trop grand pour etre reproduit en un seul cliche, il est film6 d partir de Tangle sup6rieur gauche, de gauche ci droite. et de haut en bas, en prenant le nombre d'images necessaire. Les diagrammes suivants illustrent la m^thode. 1 2 3 1 2 3 4 5 6 / LETTER (, FROM THE 7 y *f U.S. COMMISSIONERS 1 APPOINTED PURSUANT TO THE ACT, ENTITLED ♦ An act for the relief of the refugeeg from the British pro- vinces of Canada and Nova Scotia,' INCLOSING CERTAIN DOCUMENTS RELATIVE TO THE CLAIMS OF ELIJAH AYER, DECEASED, AND ELIJAH AYER, JUNIOR, BOTH NOVA scon A REFVGEEL^ February 9, 1802. Referred to the committee of the whole houfe, to when was committed, on the 25th ultimo, the report ot the committee of claims on the petition of Caleb Eddy. PRINTED BY ORDER OF THE HOUSE OF REPRESENTATIVES. H i do ce fu of in ts u Ml TREASURY DEPARTMENT, FEBRUARY 4, l8o2. SIR, w. , , E have the honor to tranfmit certain documents in relation to the claim of Elijah Ayer, de- ceafed, and Elijah Ayer, junr. both Nova Scotia re- fugees, which having been prefented after the month of April, iSoo, cannot be aded upon without the interference of Congrefs. The particular reafons which prevented the prefen- tation of the claim, are ftatedin Mr. E. Ayer's letter, which accompanies the papers. We have the honor to be. Very refpeftfuUy, Sir, Your moft obedient fervants, ALBERT GALLATIN. HENRY DEARBORN, JNO. STEELE. The Honorable, The Speaker of the House of Representatives, K i m CITY OF WASHINGTON, JANUARY 30, l802. Gentlemen, I J. HAVE the honor to enclofe a number of documents in fupport of the claim of my father Elijah Aver, deceafed, for lands granted to Nova Scotia re- fugees. They are fuch as leave no doubt ot its be ng admitted, unlefs their coming after the time limited by Congrefs, fhall be fuppofed a bar which the pecu- liar circumftance of the cafe cannot remove. 1 would beg leave to obferve, that fifteen years had elapfed from the time, when lands were firft promifed by Congrefs, before the aft of April .798, paffed to carry that promife into effea; and then, by that aa, only two years were granted to bring m claims ; al- though the claimants, from their local fituations, part- Iv on the extreme frontiers of the United States, and partly on account of long negleft and total rum. obliged to return and feek fupport from their relations within the Britifh provinces, could hardly, withm that time, receive notice of the aft, collea procefs, and fend them on to the feat of government ; molt ot them were too poor to be at the expenfe of coming a long journey for that purpofe, and they were obliged to truft to fuch opportunities as might offer, for forward- ine their papers. It is to this laft caufe tha ^ 3 failure, oii the part of my late father's claim, has be. n owing. It will appear by the enclofed papers, that he lett his documents and a power of attorney to lawyer Bruce, of Machias, in 1798, who neglefted to fend them on ; and the enfuing year, namely, in November 1799, hve iv. ,jii^ajj»JiWKii-a^»~>aaf.j«,te. sr [ 6 ] months before the expiration of the two years limited! by Congrefs, my father dying, the faid Bruce rcfulcd to deliver the papers until letters of adminiftration had been taken. I hope that, under fuch circumftances, the claim will, notwithftanding the limitation, be ad- mitted. 1 alfo enclofe the papers relative to my own claims, and am. With refpeft. Your obedient fervant, ELIJAH AYER, jun. The Secretary of War, Secre TART of Treasury, and Comp TROLLER of thc TREASURY CRE-1 OMP- > 3 AFFIDAVIT OF WILLIAM MAXWELL. I _ WILLIAM MAXWELL, of North Provi, dcnce, in the county of Providence, ftate of Rhode- Ifland and Providence Plantations, of lawful age, doth teftify and fay, that in the year 1 763 I became acquaint- ed with Elijah Ayers, formerly an inhabitant of the ftate of Connedicut, but then refiding in the province of Nova Scotia, county of Cumberland, and continued fo until the ninth day of November, 1776, at which time he and myfelf, together with a number more, at- tempted to demolilh fort Cumberland in the aforefaid county ; and on the twenty-ninth day of faid month, a party of Britifh troops came from Halifax and defeated our defigns, in confequence of which we were obliged to give up our fiege and flee into the wildernefs, leav- ing our families and all our property and effeas to the mercy of the enemy. Mr. Elijah Ayers was at that ] if the two years limited , the faid Bruce rcfuled •s of adminiftration had ler fuch circumftances, ; the limitation, be ad- Uve to my own claims, iient fervant, ELIJAH AYER, jun. ■l [AM MAXWELL. WELL, of North Provi, idence, ftate of Rhode- ions, of lawful age, doth 1 763 I became acquaint- rly an inhabitant of the refiding in the province nberland, and continued 'ember, 1776, at which vith a number more, at- iberland in the aforefaid ath day of faid month, a om Halifax and defeated f which we were obliged into the wildernefs, leav- roperty and effefts to the ilijah Ayers was at that c 7 1 head horned caiue, -nu neiphbour to faid tained a ''«P"f^^'^^^=''^'^^" ,X faid Ayers and ^n^r^nktcK ,o'So;J^^ ct„.,\f Cu™. Sd Xrc he found »U hi. property confifca.ed, Snot'one billing of .he aforefaid property left .o other property wafted and confumed by the Bntifli troops. Witnefs, WILLIAM MAXWELL. Providence, Jan. 6, 1802. State of Rhode-IJlandy ^c. Providence, Jan. 6, A.D. 1802. THFN appeared in perfon William Maxwell, the aJv"Kn^-d-^^^^ cmlhcafe wis true in all its parts, to the beft of his knowledge, or underftandmg. Ji\ ^^ore me, WHEELER MARTIN, J. C. C. Pleas. C 8 ] AFFIDAVIT OF SPILLER HLLEMORE. So I _ SPILLER FILLEMORE, formerly of Cumberland, in the county of Cumberland, and pro- vince of Nova Scotia, but now of Hinguam in the com- monwealth of Maifachufetts, yeoman, do teftify and fay, that I well knew Elijah Ayer, fen. late of Cum- berland aforefaid, deceafed ; that h- was an inhabitant in faid Cumberland, previous toth. fourth day of Ju- ly, in the year of our Lord feventeen hundred and fe- venty fix ; that he was one of the committee which raifed an armed force, in faid Cumberland, for the re- duftion of the fort there, in the faid year ; that I was a foldier in the faid army, and frequently faw the faid Ayer with the faid army; that after the defeat of faid army, by the Britifli troops, the faid Aye* abandoned his fettlement in Cumberland aforefaid, in confequence of his giving aid to the United States in the manner aforefaid, and fled to PaiTamaquoddv within the limitg of the faid United States; and that he continued with- in the limits of the faid United States, until the ternii- nation of the war ; and did not return to fettle in Cumberland aforefaid, until about the year feventeen hundred and ninety two. I farther teftify and fay, that the intention of raifing faid force, was to reduce the faid fort for and in the name of the faid Urited States : and I farther teftify and fay, that the faid Ayer was the head of a family, and not a member of a family, who was refident in faid province prior to the fourth day of July aforefaid. SPILLER FILLEMORE. CI w / tl li ( V a LLEMORE. >RE, formerly of aerland, and pro- jgi.am in the com- an, do teilify and fen. late of Cum- was an inhabitant fourth day of Ju- n hundred and fe- committec which erland, for the re- 1 year ; that I was uently faw the faid the defeat of faid 1 Aye*" abandoned lid, in confequence ites in the manner y within the limits fie continued with- :s, until the termi- •eturn to fettle in the year feventeen intention of raifing Fort for and in the nd I farther teftify : head of a family, was refident in faid July aforefaid. FILLEMORE. [ 9 3 Commonwealth of Majachu/etts, SuPFOLK County, fs. Bofton, January i, 1802. THEN Spiller Fillemore perfonally appeared and made oath, that the foregoing' affidavit by him made and fubfcribed, contains the whole truth and nuthmg but the truth. Before me, THEOJASHUL BOURNE, Chief iuflice of the court of common Meas, for the county of Suffolk in faid communwealih, and a juf^ tice of the peace for laid county. THOMAS BRUCE's POWER OF ATTORNEY. R ^ ^NOW all men by thefe prefents, That whereas by an ad of Congrefs of the United States of America, bearing date the feventh day of April, one thoufand feven hundred and ninety eight, for the re- lief of the refugees from the Britifli governments of Canada and Nova Scotia ; and whereas Elijah Ayer, of Sackville, in the county of Wtftmorland and pro- vince of New-Bruniwick, one ot the faid refugees, who are intitled to the benefits and pti ileges of laid ad, as will fully appear by the documents exhibited before the perfons authorifed by faid ad to examine the claims. NOW KNOW YE, that I, the faiJ Elijah Ayer, hive made, ordained, conftituted and appointed Thomas Bruce, of Machias, Efq. attorney at law, my true and lawful attorney, for me, and in my name, and for my proper ufe and benefit, to a(k, demand, and receive oh, and from the Congrefs of 'he United Slates of Ame- B lO ] ^1 rica, or from any perfon or perfons authc.-ifed by them, all luch payments, lands, or things whatfoever, which may be allowed, and coming to me the faid Elijah, m any way or manner whatever, agreeable to the afore- faidaft; and upon receipt thereof by, or payment there- of to my faid attorney, a general releafe, or difcharge for the fame to make, bequeath, and deliver. And I do further authorife my faid attorney to appear for m^, and in my (lead and place, before faid Congrefs, or fuch perfon or perfons by them authorifed and ap- poimed, to examine faid claims, there to fupport fuch proofs and documents as may appear neceffary ; and to plead, and perform all parts and things whatever, refpeaing the premifes, in as full and ample a manner, as if mvfelf were prefent. Hereby ratifying, con- firming, and allowing whatfoever my faid attorney Ihall lawfully do, or caufe to be done in the premifes. ELIJAH AYER. Signed, fealed and 7 delivered in prefence of 5 J. H. WAN, G. W, ALLEN. Wajhington, fs. East PORT, Nov. 19, 1798. THEN perfonally appeared the above named Elijah Ayer, and acknowledged the above inftrument figned by him, to be his ad and deed. Before me, J. H. WAN, Juftice of the peace. « II 3 US authc.-ifed by them, igs whatfoever, which me the faid Elijah, in agreeable to the afore- Fby, or payment there- al releafe, or difcharge », and deliver. And I )rney to appear for m^^ Fore faid Congrefs, or ;m authorifed and ap- , there to fupport fuch appear neceffary ; and s and things whatever, ill and ample a manner, hereby ratifying, con« er my faid attorney ihall le in the premifes. ELIJAH AYER. 3RT, Nov. 19, 179^' the above named Elijah above inftrument figned i. WAN, Juftice of the peace. STATEMENT, Ericaf in'^e^roUonary war, vi. On the firft day of December in the year 1796. he „as poffeffed of the following property : ^^^^^^ THREE lots of land, 'onnMng of -n^rfl;. . improved, and un'>"P";'=^ '^T' a"! taining isooacres, '"E^heV^'X a„a liPg houfe, barns, out houfes, &c. and J a faw and grill mill, ^lued « " ^ ''°''° For monies paid as rents to the o«upant, '^ or poffe J, after -^nHfcation and affign- ^^ FoXo as c'ofts aid other expenfes in de- fending the fuits and profccutions, - =4 oIebt?f 500 acres of untaproved land of which the deed was lolt, and oy mc nedea of recording officer, was never receded, but efchLted and regranted ^^^ irrecoverably, " " . Dollars, 3,000 For intereft on 2000 dollars, from the 5th Auguft,i78o,tothe5thAuguft, 1798 1784, to the ift Apnl, ,798— twelve ForTufferines" and damages, from the ifl ""^DecS, 1776, whe'nlwasdrovefrom my poffeffions, - - „„ r ' ^ ELIJAH A^ER, fen. V>' r >2 3 Commonwealth of MaJfachufetU^ Washington, fs. Eaftport, Nov. 16, 1798. THEN perfonally appeared Elijah Ayer, and made oath, that the above account and ftatcment figned by him, is juft and true in all its parts, to the beft of his knowledge. Before me, J. H. WAN, Juftice of the peace. AFFIDAVIT OF SPILLER FILLEMORE. I ., THE fubfcriber, do hereby certify, that prior to, and at the commencement of hoftilities in Cumberland, in Nova Scotia, Elijah Ayer, fen. then of faid Cumberland, was poffeiTed and the reputed owner of the feveral trafts of land, houfes, mills, and other buildings, as particularly mentioned in a itate- ment made by faid Ayer, of his lofles, and fworn to before John Allan, eiq. in the county of Wafhington, at Eaftport, Nov. 1 6, 1 798. I further certify, that Eli- jah Ayer, junior, fon of the faid Elijah Ayer, fen. was, at the commencement of hoftilities as aforefaid, poffef- fed and the reputed owner of one right of land in faid Cumberland, containing five hundred acres ; that he had a ftock of cattle, the number I do not know, and a houfe on the faid land ; that faid Ayer, jun's. furni- ture and ftores having been removed to the houfe of a Mr. Eddy, were burned by the Britifli troops, and the cattle driven off into the garrifon. SPILLER FILLEMORE. "^ ] UJachu/ettSy port, Nov. i6, 1798. Elijah Ayer, and made ind ftatement figned by parts, to the befi of his I. WAN, Juftice of the peace. R FILLEMORE. do hereby certify, that ement of hoftilities in Elijah Ayer, fen. then fefled and the reputed nd, houfes, mills, and mentioned in a Itate- is lofles, and fworn to ounty of Waftiington, urther certify, that Eli- I Elijah Ayer, fen. was, ies as aforefaid, poflef- ne right of land in faid undred acres ; that he er I do not know, and Paid Ayer, jun's. furni- oved to the houfeof a Jritifh troops, and the n. IK FILLEMORE. r n 1 Commonwealth of MaJfachufeiU, Suffolk county, fs. „ , Boflon, Jan. 1, i8c2. THEN Spiller Fillmore perfonally appeared and made oath, that the foregoing certificate by him made and fubfcribed, contains the whole truth, and nothmg but the truth. Before me, THEOJASHUL BOURNE. Chief inftice of the court of common pleas for the county of Suffolk, in faid commonwealth, and a juf- tice of the peace for faid county. ELIJAH AYER's POWER OF ATTORNEY. To all to whom thefe prefents ftiall come greeting : w , T HEREASElijahAyer,lateofSackville, in the county of Weftmorland, and province of New- Brunfwick, formerly called Cumberland, in the pro- vince of Nova Scotia, yeoman, deceafed ; m his lite time, by virtue of an aft of Congrefs of the United States of America, made and pafled the feventh day of April, in the year of our Lord one thoufand feven hundred and ninety eight, for the relief of the refugees from the Britifh governments of Canada and Nova Scotia, was intitled to the benefits and privileges of f^id aft, and a compenfation for loffes and fervices, by force and virtue, of the faid aft. And whereas the faid Elijah Ayer, in his life time, in purfuance of faid aft of Congrefs, did prepare to fubftantiate his faid claim, and did prpcure many proofs and documents C 14 ] for that purpofe, and by reafon of his death, which happened foon afterwards, nothing was carried into et- kd. : and whereas fince his deceafe, adminillration in due form of law hath been granted to me, '1 homas Aver, of SackviUe, in the county of Weftmorland aforefaid, mariner. Now, therefore, know ye, that I, the faid Thomas Ayer, adminiftrator aforefaid, tor di- vers good caufes and confiderations, have miide, au- thorifed, conftituted and appointed, and by thefe pre- fcnts do make, authorife, conttitute, and appoint my brother Elijah Ayer, of Dorchefter, in the faid couuiy of Weftmorland, mariner, eldeft fon of my iaid ta- ther, deceafed, my true and lawful attorney, for me and in my name, as adminiftrator aforefaid ; and to the ufe of the heirs of our faid father, deceafed, to appear before the Congrefs of the United States of America, or before any board of commiflloners, committees, or other perfon or perfons by them authorifed, and for my ufe and the ufe and benefit of the other heirs and repre- fentatives of faid deceafed, to afk, folicit, demand and receive, all fuch payments, compenfations, lands and things whatfoever, which might be allowed, commg, or payable to my faid father, were he in full life, or which now are, or hereafter may be allowed, coming, or payable to me, as heir and adminiftrator aforefaid, in any manner whatfoever, agreeably to the aforefaid aft or otherwife howfoever : and upon receipt or pay- ment thereof, acquittances, or other fufficient releafes and difcharges, to make, feal, and execute in my name, or in his own name, and to do all, every aft and atts, thing and things, for effeaing the premiles as fully and amply as I myfelf might, or could do if perfonally pre- fent : alfo, to grant, bargain and fell, all and any lands that may be allowed under faid aft, as a compenfation, or however the fame may be granted or allowed, and to give a good and fufficient deed to the purchaier or purchafers thereof; and for the purpoies atorefaid, at- of his death, which r was carried into ef- il'e, adminillration in ted to me, Thomas ity of Weftmorland ore, know ye, that I, itor aforefaid, for di- Dns, have mi^de, au- ed, and by thefe pre- tute, and appoint my ter, in the faid county ft fon of my faid fa- 'ful attorney, for me • aforefaid ; and to the r, deceafed, to appear :d States of America, oners, committees, or authorifed, and for my e other heirs and repre- k, folicit, demand and ipenfations, lands and be allowed, coming, A^ere he in full life, or y be allowed, coming, dminiftrator aforefaid, eeably to the aforefaid nd upon receipt or pay- other fufficicnt releafes id execute in my name, all, every aft and adls, he premifes as fully and lid do if perfonally pre- id fell, all and any lands aft, as a compenfation, ranted or allowed, and eed to the purchafer or e purpofes aforefaid, at- [ -5 ] ,„™es, one or more under Wm.o 1^.^^/^. fure to revoke. Hereby '^fr^%l'Z,m,y (hall do •"t^wLefs whereof, I have ^-f-^^^^^^y^lt feal, ae Weftmorland '-^'=Xh^^o''^lcr.bcr, ILT^r^ouSr t ufand eight hundred and one. THOMAS AYER. Signed, fealed and ? delivered in prefence of us 3 QTFP MILLIDGE, i BOTSFORD, Not. Pub. Wejimorland, in the province I ofNeiv-Brunfivick,toivit,:i To alltowhom thefe prefents (hall come. norland, and f""°S^^^a^S^rland, in the provmce the faid county of ^/^TJ^LU aforefaid, do ^;fj"fy;,t^^,^^^^^^^ the fent, andfawlhomas A^^^^^^^^^^^ .^^^ ^^^^^ fo, aforegoing letter of ^"o'^"^' ^"i "^.^t I, the faid nota- the ufes therein mentioned ^ f^^^ ^^J^^^^^^ our name* ry, with Stephen MiUidge, ^fj; f^^?'"^^^^^^ further - Ttlt"^^^^^ tdue form of ther, Elijah Ayer, ^^^^ ^^ ^^^^^jS with furety, and rw^l\^sTL'2eas,rt"he faithful performance of that truft. C '6 ] In faith and teftimony whereof, I have fubfcribed thefe prefents, and affixed my feal of office, the twen- ty eighth day of November, Anno Domini i8oi. A. BOTSFORD, Surrogate & Not. Pub. Commonwealth of MaJfachu/ettSy Washington, fs. Eaftport, December 2, 180T. THEN perfonally appeared the aforenamed Tho- mas Ayer, and acknowledged the foregoing inflru- ment figned by him, to be his free ad and deed. Before me, J. H. WAN, Juflice of the peace. AFHDAVIT OF GEORGE STILLMAN. Commonwealth of Majfachufetts^ T, Machias, Nov. 15, i8oi. HIS may certify, that being commiiu- oned as a major in the eaftern department, for the purpofe of affilting col. John Allan, in his Indian fuper- intendance in that department, I arrived ar Machias in June A.D. 1777, col. Allan being then at the river St. John's, and from which he was foon obliged to re- treat, in confequence of the Britilh troops taking poflef- fionof the fame. On his arrival at Machias, among thofe that came with him, was Mr. Elijah Ayer, jun. who I underftood had been an inhabitant of the Briiilh pro- ", I have fubfcribed of office, the twen- 1 Domini i8oi. TSFORD, ogate & Not. Pub. ichu/ettSy ;cember 2, 180T. e aforenamed Tho- le foregoing inftru- ad and deed. c 17 :! vlnce of Nova Scotia, and had left property there, the fiime year when an expeditioti was contemplated by the United States of America, to take poirdlion ot Nova Scotia, he, faid Ayer, received aluhaltcrn s com- miffionin faid expedition, under the.comnvand «t o • Eddy, commander of one of the regmients ; alter ad expedition was thought not feafible, and the troops d.^U banded, he, faid Ayer, commued m fcrvice with col. Allan, in different lines of duty, during the whole ot the revolutionary war ; and 1 really thmk has been a great fufferer by the fame. GEORGE STILLMAN, Late a major in the eallern department. 'AN, (lice of the peace. AFFIDAVIT OF ELIJAH AYER. STILLMAN. achufetts, 1, Nov. 15, 1801. that being commiili- iepartment, for the , in his Indian fuper- arrived ar Machias ing then at the river 5 foon obliged to re- troops taking poffef- lachias, among thofe ijah Ayer, jun. who nt of the Briiiih pro- J. HE declaration of Elijah Ayer, fenr. tef- tifveth, that confidering bimfelf as a claimant purfuant to the ad of the Congrefs of the United States ol Ame- rica, for the relief of the refugees from the Bnilh provinces of Canada and Nova Scotia ; that he left ?:umberland where he lately refided, about the twenty fifth of September laft, to repair to Machias, m. the county of Walhington, in the (late of Majfachu etts, m order to authenti'cate his certificates aijd vouchers to eilablilh his claims, where he arrived alter much pen), trouble and latigue, being at the advanced age oieven- tv two years : at Machias he found the ch.e juihce of tL coulty court abfent ; he delayed feveral days ex- peding his return, but to no purpofe ; bemg ntccJitat- ed himfelf to return, having a long voyage and rigor- ous feafon, declares he is under theneceflity of atieit- M ^ C i8 ] incto his vouchers before a jufticeof the peace; though n?ompe ent agreeable to the aa, he relies that thefe drcuTftanccs and the juftnefs of his claim will be du- ly confidercd. ELIJAH AYER. Commonwealth of Majfacbufetts, Washington, fs. Eaftport, November 16, 1798. THEN appeared Elijah Ayer, and made oath to the above llatement figned by him. Before me, J. H. WAN, Jullice of the peace. CERTIFICATE OF J. H. WAN. jl HESE may certify, that I am well ac- Quainted with the perfons who have figned the certifi- carhereunto annexed, that they fuflain the cWac- teaftxed^o their names, and perfons of refponfibih- : I do alfo certify, that the particulars therein men- tioned 1 believe tJ be verily true: 1 do alfo further ceraiV,that the faid Elijah Ayer, fromthe begmning of 1777 and for fome years after, was employed m the Jerv^ce of the United States, in the Indian eaftern de- nartment, under my command, both by fea and land, r Teutenam ; thlt he was at Machias during a v^- Ipnt ittack made by the enemy in 1777, was at tne l^T^e TpetScot in .779, and other fervices, in all lihich he^xhibited fpirit, honor and integrity, deferv- ic peace ; though relies that thefe claim will be du- IJAH AYER. fiber 16, 1798, nd made oath to [ 19 ] in. the notice and uttcntion of every v^eU wither to the •u^iLd States: alfo, that l^^ ^^^^ ,^^^t ; inwiniT Nova Scotia m 1776, faid Aycr Dtrnj, vciy aa "''ana vi^ihm, wns o. grca, ufc and gave much ^n bnce to t1.e fublcribcr on fettlmR a trea yot peace V." .he Indian, of .hat province; and other uietul r ■ .0 hrnpficial to the United States. r V ; unc cr n y hand at Eaftport, in the county of W^ihingtonl and clmmonwealth^f MalVachuietts, th. 2d day of December, 1801. ^ ^ ^^^^ Superintendent of Indians in the eallern de- Pmcnt, during the revolutionary war wuh Great Britain. :e of the peace. WAN. hat I am well ac- e figned the certifi- fultain the charac- bns of refponfibili- culars therein men- : 1 do alfo further )mthe beginning of -as employed in the e Indian eaftern de- Dth by fea and land, achias during a vio- 1 1777, was at the 3ther lervices, in all nd integrity, deferv- TmS is to certify, whom it may concern, '„t::rint^hec— ao^^^^^^^^^^^^^^ To tXToS n .h'an;: for the Uni,ed States of Amtr crana"ha. being overpo-red W ^ upenor America , forces, the aforefa;d Eli ah Aycr Treat Britain and America, after 1776, and trt-q^em W heard he was employed from time to time in the flrvice of the faid United States, and that the laid Eh- h Aver was intitled to a confiderable property both jah Ayer ^^^ m mie ^_^.^ ^ ^ ^^^^ L::a\^nttdfpoWonof anypart of th.fame, to wit. [ 20 ] 1 rij^hr of land containing 500 acres, 1 3 head ot horned cattle, 2 hnrfes, 10 (Iteop, Furniture and clothing burned up by the Britifh foU diers. CIIAULFS DIXON, J. P. |0. C. LAMB, I. P. I. BURNHAM, I. P. CHRIST. IIARPKR, J. P. RICHARD WILSON, J. P. G. Thomfon, > Defendants. ENTRIES OF THE TERM OF TRINITY, A. D. I780, Nova Scotia^ ? p r Halifa:<,ff. 5 ^''"^'' Chridopher Harper, plaintiff. vs. Samuel Smith, William Jones, Mark Patton, David Forreft, Wm. Lawrence, Parker Clark, Simeon Chelter, and Elijah Ayer, Fitz Gerald, NOT guilty in trefpafs fur trover and converfion of certain goods and chattels. lifue joined, fpccialjury fvvorn, &c. and verdift, that the faid Samuel Smith, William Jones, William Lawrence, Parker Clark, Si- meon Chefter and Elijah Ayer are guilty, and aflefs the damages for the plaintiff to five hundred and eighty three pounds with colls, and that the faid Mark Pat- ton and David Forreft are not guilty : Therefore it is confidered that the faid Chriftopher Harper do recover againft the faid Samuel Smith, William Jones, Willi- am Lawrence, Parker Clark, Simeon Chefter and Eli- jah Ayer, his damages aforefaid, found by the jury aforelaid, to five hundred and eighty-three pounds, and 21 acres, p by the Britifh foU 1 DTXON, J. P. MB, J. P. [AM, 1. P. IIAUPKK, J. P. ) WILSON, J. P, ITY, A. D. 1780. er. I G. Thomfon, Defendants. Fitz Gerald, er and converfion of : joined, fpccial jury laid Samuel Smith, ;e, Parker Clark, Si- re guilty, and alfefs ; hundred and eighty the faid Mark Pat- ihy : Therefore it is er Harper do recover niliam Jones, Willi- eon Cheftcr and Eli- , found by the jury ty-three pounds, and a,f„ .he run, of fo„y.,wo ^X^^:^ in mercy, &c. ^^^ piNucANE, Ch. Jus. July 29> >78o- bntr.es of the term or tr.n.tv, a. d. .780. ^ova Scotiaj ? Caufe Halifax, £'• _ Chriaopher Harper, plaintiff. G. Thomfon. VS' I Samuel Smith, Wm. Jones Mark Patton, David Forre t, ( Defendants. Wm. Lawrence, Parker Clark \^ Simeon Chefter and Elijah Ayer, ^.^^ ^^^^^^^ ^OT guilty h. .dp^;;;-^^^^^ fpecial ]"ry fwom' &^- "^^^^m Lawrence, Parker Smith, Wilham J^jej' vv ^^^ Clark, Simeon ^hefter, ana ^ uj ^^^^^^^ and affefs the damages f^^/^^P^^^f ^"„^ ,hat the faid and eighty-five pounds wuhcofts, any ^^,^^^^ Mark Patton and D^-^J^^^^^^^^^'chi Harper fore it is ^^"^^'^^^fft^^l*^^^^^^^^^^^ Smith, William do recover againft the laid &amu ^^^^^^^ Jones, WiU^m Lawrenc , Packer C ,.^^ ^^^^^ Chefter and Lhjah Ayer his^<^^^^^^^^^ ^^^ ^^ ^^^^ by the J«^V 2 t^'^um °f "^ ^"""'^'' ^^'' [ aa ] hundred and tvvcnty-onc pounds five fhillinp;* ; and the laid Samuel Smith and others in mi:i;cy, kc. DRY. FINUCANE, Ch. Ju. July 29, 1780. Halifax, fs. George the Third, by the grace of God, of Great .f c\ Britain, France, and Ireland, king, defendc r ^^'^'^ of the faiih, &c. kc.kc. To the provolt marihal or his deputy, gi" j , , „„, iM < ■' """fe'^'^orLMh y ' d wa h, .he iaia With your tecs, or mai ^"^y otherw fc by or- ChriUophcr Harper J^.^. ^^f/^^^^i^;,! due rctuJn of der of law , whereot fad not and rna ^^^^ this writ, with your f^^^^.^^^^^^^^^^^^ oaobcr fupretne court "P"" ^^f.-^^^^^VX a^^ '^''' our reign, Anno Uommi 1780. (Signed) D. WOOD, jun. Dep. Clk. July 31, »7^°* Bv .nue f •t,:t,Li;t' t:rJari''o".'™' ,„ 1.689 6 c, "'/.^'-^VMhgs «»« appW.o .he- forty. .«o pounds 3'"=. „,"„^,iou. attd the remain- dilcharpng of .he w.ih.n cxecu^ ^.^.^^^^^ ing fortylevcn pound three ^^"' 8 , „f ,,,e another execuuon m ^l^^'^^,, „f ,„= real r-raeledl^heP^^^^^^^^^ re^1r;?rrtS;";?a;Xr deeds hLuate Aug. 5» 178°- (Signed) WILLIAM SHAW, D. P. M C 24 ] An inventory of the lands and chattels belonging to the perfons whom Mr. Harper has recovered judgment againft and taken in execution, at the fuit of the faid Harper. Parker Clark* s land as follows^ in the townjhip of Cum- berland : 8 acres of upland No. 7, in letter A divifion, valued at 1. 1 10 per acre, - - - - ^.\2 q A dwelling houfe and barn there- on, valued at, 50 acres of marfh No. 10, valued at 20s. per acre, but it is leafed, for 14 years for the diking lad December, - . - 70 50 Samuel Smith's lands in the townjhip of Cumberland all in letter A di- vifion : 2 thirteen acre upland lots No. 1 6 and 17, valued at - - ^^.40 I marfh lot 50 acres. No. 16, va- lued at - - - - 50 4 wood lots, 37 acres each. No. 1 5 and No. 1 6, and No. 1 8 and No. 27, valued at - - 41 Cattle fold at public audion, for 24 Simeon Chefler's lands in the town- jhip of Amherft : 45 acres of marlh and 45 5 of clear- ed upland, and wood and wil- dernefs lands, being No. 64, with a dwelling houfe, valued at 132 o o 5 ^SS *» 100 ittels belonging to the s recovered judgment , at the fuit of the faid / the townjhip of Cum- r r ^.12 o 70 o d d (l 50 o 132 o C'AO 6 50 o 41 o 24 5 ^55 *i I- U 100 o r 25 1 William L^^rence^s l^n^;^^^baitels in the io.njklp of a rights of land No. 42 and 43» with a dwelling houfe and a frame for a barn, valued at, in thedivifionTantromar, - ^.IOo o Cattle fold at public auOion, for 40 » S 140 IS £//>if» Ayer's at Tantromar, in the townfhip of SackiUle : ^ richts of land. No. 53 and 54, and No. 55, withdwellmg houfe and barn, valued at - 1 faw mill and one gnft mill, va- lued at - - " " 80 80 160 o Wejimorland, in the province 7 of Nenv-Brunfivicky to ivit^ > FLIPHALET REED and Gideon Smith, both of Sackville, in faid county, being duly fworn on the tlveVrgeiftsof Almighly God, teftify and declare, Sthey htve been acqu Jnted with Elijah Ayer of Sackville, in faid coumy, about thirty fix years ; that thev were near neighbors to him; that at thecom- meLrent of the American troubles he owned ava- TaSeehold cftate in faid Sackville, confiftmg of a farm dwelling houfe, grift mill and faw mill ; that Chrlftop'er H^arper, efq.'recovered a Judg-nt a^^^^^^ the faid Elijah Ayer and others, for daniages fultamed , hat an exicution was levied on the eftate of the aid Elijah Ayer, iffuedonthe faid udgment and a (henff^s deed given thereof j that at the time of levymg on the J3 % 'I A [ 26 ] cftate of the faid Elijah Ayer and the deed given, they are of opinion the iame was really worth five hundred pounds currency, equal to two thoufand dollars, and that the fame eftate is ftill owned and held by the faid Chriftopher Harper, and is more valuable than it was when taken by execution in the year 1780 ; that the faid Elijah was ftrongly attached tothe American caufe, and left this country about the autumn 1776, and went to refidein the United States, where he remained during the war; and further fay not. ELIPHALET REED, GIDEON.SMUH, Sworn, the i8th Sept. 1798, Before me, CHRIST. HARPER, J. Peace, Wejimorland, in the province 7 of NeW'Brun/wick, to wit,S JOSIAH TINGLE Y and James Eafterbrooks, both of Sackville, in faid county, being duly fworn on the holy evangelifts of Almighty God, teftify and de- clare, that they have been acquainted with Elijah Ay- er of Sackville, ihfaid county, upwards of thirty years j that they were near neighbours to him ; that at the commencement of the American troubles he owned a valuable freehold eftate in faid Sackville, confiftmg ot a farm, dwelling houfe, grift mill and faw mill ; that Chriftopher Harper, efq. recovered a judgment againit the faid Elijah Ayer and others, for damages fufta»^- cd J that an execution levied on the eftate of the bad Elijah Ayer, ilTued on the laid judgment and a flientt s deed given thereof ; that at the time of levying on the ^cilate of faid Elijah Ayer and the deed given, they are the deed given, they y worth five hundred houfand dollars, and and held by the faid : valuable than it was year 1780 ; that the othe American caufe, ; autumn 1776, and ^, where he remained not. PHALET REED, )EON SMUH, C «7 1 of an opinion the fame was .ally wc.t^^^ ^ve tadred P^ t rnTeSrm ojrd and held by faid Chrif- '^V nTJrzndh more valuable than it was when topher Harper, aim . -go-, that the faid JOSIAH TINGLEY, Sworn,the 18th of Sept. 1798. Before me, CHRIS rOPHER HARPER, J. Peace. James Eafterbrooks, ^, being duly fworn on y God, teftify and de- ainted with Elijah Ay- pwards of thirty years; rs to him ; that at the n troubles he owned a >ackville, confifting of lill and faw mill ; that sred a judgment againft 5, for damages fuftain- 1 the eftate of the laid udgment and a (heritPs time of levying on the he deed given, they are T STEPHEN MILLIDGE, (heriff of the county agamlt tnjan > . j^ . ^is fon, requiring me ToSt; ^Iffilf car Jn 1 nd. therein memioned ';Uh a dw'elUng houfe, Pi\- ^C aTelT Lve ed f,«mU to the faid Chriftopher Harper, who hath '^"ea'n'tLe qui« poffeiSca of ,he fame ever fince that time. Dated, this aift day of Sept. 1798. STEP. MILLIDGE. w < .1 C »8 ] Wejimorhnd, in the province 7 ^ New-Brunfwick, to wit, 3 I, AMOS BOTSFORD, notary public, by royal authority duly admitted and fworn, dwelling at Sack- ville in the county of Weftmorland, in the faid pro- vince, do certify and make known, that the four firfV pages hereto annexed are true and genuine copies of the exhibits produced and given in evidence on a trial in ejeflmtnt before the fupreme court in this province, on which trial the faid Chriftopher Harper recovered a judgment againft Elijah Ayer, &c. for the premifes in queftion, and took out a writ of poffeflion. That Chriftopher Harper, efq who hath taken the annexed affidavits, is a juftice of peace in and for the county of Weftmorland, duly appointed, commiflioned and fworn; and that Stephen Millidge, efq. who hath given the certificate annexed, is ftieriif of the faid county of Weftmorland, duly appointed, commiflioned and fworn : and that full faith and credit is and ought to be given to their feveral atteftations in their refpedive capacities. In faith and teftimony whereof, I, the faid notary, have fubfcribed thefe prefents, and hereunto af- fixed my feal of office at Sackville, in the faid county of Weftmorland, the twenty-firft day of September in the year of our Lord one thoufand feven hundred and ninety-eight. AMOS BOTSFORD, Notary Public. tary public, by royal rn, dwelling at Sack- land, in the faid pro- ivn, that the four firfl- I genuine copies of the evidence on a trial in rt in this province, on r Harper recovered a £c. for the premifes in of poffeflion. That ith taken the annexed 1 and for the county 2d, commiflioned and e, efq. who hath given ff of the faid county ed, commiflioned and credit is and ought to ions in their refpedive of, T, the faid notary, mts^ and hereunto af- Sackville, in the faid the tvventy-firft day of Dur Lord one thoufand eight. IS BOTSFORD, Notary Public.