18th Century Argyllshire Livingston Settlers in the Argyle Patent, Albany County in then 1760's Province of New York
Posted: Sun Oct 31, 2021 12:34 pm
Hi all,
I have been working with additional information regarding the original Livingston settlers of Argyllhshire origin who in the 1760's resided in what was then known as the Argyle Patent in then Albany County east of the Hudson River and now I have a better sense of of their origins and where in the old Argyle Patent they were located.
The first highland Argyllshire Livingstons to arrive in the area of the old Argyle Patent, then in the original Albany County in colonial New York, Donald Livingston and his wife Isabel McQuaig and their two children John and Duncan did so in June of 1739, part of a group of Islay, Argyll settlers led by Captain Lachlan Campbell that arrived in the Province of New York in the years 1738, 1739 and 1740. The Argyllshire settlers had been promised a land grant upon their arrival but that did not happen and it was not until years later in 1764 that the Governor of the then colonial province of New York granted the surviving widow of the late Donald Livingston a 250 acre land grant in what was known back then as the Argyle Patent in what was then part of old Albany County. This land grant is known to have been located at the junction of White Creek and Battenkill in what is today on the eastern edge of East Greenwich, Washington County, New York State. Donald's widow Isabella Livingston is recorded as in the original grantee of a lot 66 in 1764 situated in what is today Eastern Greenwich in Washington County, New York State. There is no information on what became of the two sons of widow Isabella Livingston. What appears to be the case is that these two sons of Donald and Isabella who arrived from Islay, Argyllshire in 1739 seem to disappear in the records and a highland Argyll settler Archibald Livingston (1730-1792) not known to be related to Donald Livingston and Isabella Mcquaig located possibly as early as 1765 at Lot 66 on Isabella's 1764 land grant of 250 acres. It seems quite likely there may have been some family connection back in highland Argyllshire with Isabella's deceased husband's family and this Archibald Livingston but I have not found any information to support that notion as yet.
Archibald actually came to America in 1751 much later than Donald Livingston and his wife Isabel McQuaig and settled firstly in a Scottish settlement in Orange County, Ny and a year after widow Isabella Livington received a land grant at Lot 66 in the Argyle Patent, he located located apparently at Lot 66 in the Argyle Patent in then old Albany County and became the owner of Isabella Livingston's Lot 66 later situated in East Greenwich in Washington County, New York State. I assumed at first that this Archibald Livingston (1730-1792) was a son of original Argyle Patent Islay Argyll settlers Donald Livingston and his wife original grantee of Lot 66 in the old Argyle Patent Isabella McQuaig The surviving information however regarding the origins of Archibald Livingston and his parents however indicate that while he is also of highland Argyllshire origin but that he is not a son of Donald Livingston and Isabella and that arrived with them back in 1739 and apparently he did not arrive in America from Argyllshire, Scotland until years later in 1751 as a young man about 31. Archibald Livingston died in East Greenwich, Sept. 2, 1792 and his wife Eleanor McNaughton died March 7, 1817 in East Greenwich. It is important to note that the lots in Greenwich Township had been up to 1803 been a part of neighbouring Argyle Township until that year when Greenwich Township was established. According to historian Elisha Thurston in his 1876 book the History of the Town of Greenwich Archibald Livingston and his wife Eleanor McNaughton and other Livingston and McNaughton kin were buried on the former Alexander McNaughton homestead later owned in the 1800's by a man named Christie. The unanswered question remains as to why Archibald Livingston located on Isabella Livingston's 1764 land grant lot 66 in present day East Greenwich apparently shortly after received she received the land grant. That is still a mystery to me, but there is no doubt to the fact that Archibald Livingston and his family occupied this lot and that Archibald Livington became the owner of his lot after it was originally granted to the widow Isabel Livington in 1764 by the Government of the then Province of New York.
Their son Alexander Livingston born June 8, 1769 for many years resided at the old Livingston family homestead at Lot 66 and died Oct. 26, 1863. He married Elizabeth McDougall in 1787.
This is what I have learned regarding the family of Archibald Livingston (1730-1792) who had located on Lot 66 in 1765 and resided there until his death in 1792. Pioneer resident of became East Greenwich, Washington County, NY Archibald Livingston married Eleanor McNaughton daughter of Alexander McNaughton Nov. 23, 1756. Alexander McNaughton arrived in 1738 from Argyll, Scotland with Captain Laughlin Campbell and was one the of early pioneer Argyle Patent settlers from that original highland Argyll settlement group.
The known children of Archibald Livingston and Eleanor McNaughton of Lot 66 East Greenwich, Albany County was:
Mary born Sept. 26,1757, Margaret Livingston born May 30, 1759,Jennie Livingston born Feb. Feb. 2, 1767, Alexander Livingston born June 8, 1769, Moses Livingston born March 2, 1772, Margaret Livingston born June 29, 1774 and Nellie Livingston born Aug. 10, 1777. Their son Alexander was for many years located on the Livingstone Farm at Lot 66 in East Greenwich
Daniel (Donald) Livingston (1731-1793) ( Another Highland Argyllshire Livingston settler who arrived in old Albany County in the 1760's)
Daniel (Donald) Livingston is thought to have born abt. 1731 in Kildalton Parish on the Isle of Islay in southern Argyllshire. From later Upper Canada land petitions it is clear that is a highland Livingston of Argyllshire origin but neither David or his son John in their Upper Canada land petitions state where precisely in Argyllshire, Daniel was born in Argyllshire. He has 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 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).
In his early years 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 referred to as Daniel Livingston and this fact was that was later explained years later by his son John Livingston in a later 19th century Upper Canada Land Petition.
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 in Connecticut. Later in 1758 they prepared for an Invasion of Louisburgh 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 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. One source stated that about 80 of them decided to settle in Albany County, NY.
From http://www.gaspejohnpaterson.ca/pages/77regiment.pdf
"At the conclusion of the war, all the officers and men in Mongomery'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 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 earlier 1763 list dated August 16, 1763 a subsistence list of Officers and enlisted men of the 78th Regimentconfirms 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 because by 1764 a preliminary survey of a 150 acre lot in Albany County east of the Hudson River in what is now situated in present day Rupert Township, Bennington County, Vermont along the White Creek in the Whilte Creek meadow was untaken 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 this 150 acre lot with each of them located on 50 acres. The Survey information for their lot was recorded with a date November 6, 1764.
A few years later in 1765 King George the Third and the Governor of the then Colonial Province of New York granted former soldiers who served in 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 portion of a 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 was in North East Argyle Township in then old Albany County, NY. 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. 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 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 associates were not apprehended.
It would seem that the New Hampshire Government and it's New Hampshire grantees won out in the end over the Argyle Township, Albany County, NY as 78th regiment settlers including Donald McIntyre and his neighbour Donald (Daniel) Livingston were not apparently allowed to return to their grants originally granted to them in North Eastern Argyle Township in Albany County along the White Creek at White Creek Meadow granted to them back in 1765 as Military land grants authorized by the Crown and the Government of New York. These lots were apparently eventually acknowledged by the Colonial Government of New York apparently as being as being situated actually in Neighbouring New Hampshire and being in Rupert Township, Bennington County later to become Rupert Township, Bennington County, Vermont. I am still looking through some New York State records circa 1771 and 1772 to try and determine how and when this land dispute between the Colonial Province of New York and New Hampshire was finally resolved.
According to some of Donald Livingston's descendants Donald 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 in Argyle Township Charlotte County, (later Washington County before to departing for Upper Canada in 1784 a year after the War ended.
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. 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 settled in Augusta, Grenville County in then Johnstown District, Upper Canada in 1784. Apparently Daniel's sons including his eldest son John Livingston also came to Upper Canada with him but a daughter is said to have stayed behind in Argyle Township in Washington County in New York State and had family there. 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 was some significant old New York State info out there 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.
More to follow.
regards,
Donald
I have been working with additional information regarding the original Livingston settlers of Argyllhshire origin who in the 1760's resided in what was then known as the Argyle Patent in then Albany County east of the Hudson River and now I have a better sense of of their origins and where in the old Argyle Patent they were located.
The first highland Argyllshire Livingstons to arrive in the area of the old Argyle Patent, then in the original Albany County in colonial New York, Donald Livingston and his wife Isabel McQuaig and their two children John and Duncan did so in June of 1739, part of a group of Islay, Argyll settlers led by Captain Lachlan Campbell that arrived in the Province of New York in the years 1738, 1739 and 1740. The Argyllshire settlers had been promised a land grant upon their arrival but that did not happen and it was not until years later in 1764 that the Governor of the then colonial province of New York granted the surviving widow of the late Donald Livingston a 250 acre land grant in what was known back then as the Argyle Patent in what was then part of old Albany County. This land grant is known to have been located at the junction of White Creek and Battenkill in what is today on the eastern edge of East Greenwich, Washington County, New York State. Donald's widow Isabella Livingston is recorded as in the original grantee of a lot 66 in 1764 situated in what is today Eastern Greenwich in Washington County, New York State. There is no information on what became of the two sons of widow Isabella Livingston. What appears to be the case is that these two sons of Donald and Isabella who arrived from Islay, Argyllshire in 1739 seem to disappear in the records and a highland Argyll settler Archibald Livingston (1730-1792) not known to be related to Donald Livingston and Isabella Mcquaig located possibly as early as 1765 at Lot 66 on Isabella's 1764 land grant of 250 acres. It seems quite likely there may have been some family connection back in highland Argyllshire with Isabella's deceased husband's family and this Archibald Livingston but I have not found any information to support that notion as yet.
Archibald actually came to America in 1751 much later than Donald Livingston and his wife Isabel McQuaig and settled firstly in a Scottish settlement in Orange County, Ny and a year after widow Isabella Livington received a land grant at Lot 66 in the Argyle Patent, he located located apparently at Lot 66 in the Argyle Patent in then old Albany County and became the owner of Isabella Livingston's Lot 66 later situated in East Greenwich in Washington County, New York State. I assumed at first that this Archibald Livingston (1730-1792) was a son of original Argyle Patent Islay Argyll settlers Donald Livingston and his wife original grantee of Lot 66 in the old Argyle Patent Isabella McQuaig The surviving information however regarding the origins of Archibald Livingston and his parents however indicate that while he is also of highland Argyllshire origin but that he is not a son of Donald Livingston and Isabella and that arrived with them back in 1739 and apparently he did not arrive in America from Argyllshire, Scotland until years later in 1751 as a young man about 31. Archibald Livingston died in East Greenwich, Sept. 2, 1792 and his wife Eleanor McNaughton died March 7, 1817 in East Greenwich. It is important to note that the lots in Greenwich Township had been up to 1803 been a part of neighbouring Argyle Township until that year when Greenwich Township was established. According to historian Elisha Thurston in his 1876 book the History of the Town of Greenwich Archibald Livingston and his wife Eleanor McNaughton and other Livingston and McNaughton kin were buried on the former Alexander McNaughton homestead later owned in the 1800's by a man named Christie. The unanswered question remains as to why Archibald Livingston located on Isabella Livingston's 1764 land grant lot 66 in present day East Greenwich apparently shortly after received she received the land grant. That is still a mystery to me, but there is no doubt to the fact that Archibald Livingston and his family occupied this lot and that Archibald Livington became the owner of his lot after it was originally granted to the widow Isabel Livington in 1764 by the Government of the then Province of New York.
Their son Alexander Livingston born June 8, 1769 for many years resided at the old Livingston family homestead at Lot 66 and died Oct. 26, 1863. He married Elizabeth McDougall in 1787.
This is what I have learned regarding the family of Archibald Livingston (1730-1792) who had located on Lot 66 in 1765 and resided there until his death in 1792. Pioneer resident of became East Greenwich, Washington County, NY Archibald Livingston married Eleanor McNaughton daughter of Alexander McNaughton Nov. 23, 1756. Alexander McNaughton arrived in 1738 from Argyll, Scotland with Captain Laughlin Campbell and was one the of early pioneer Argyle Patent settlers from that original highland Argyll settlement group.
The known children of Archibald Livingston and Eleanor McNaughton of Lot 66 East Greenwich, Albany County was:
Mary born Sept. 26,1757, Margaret Livingston born May 30, 1759,Jennie Livingston born Feb. Feb. 2, 1767, Alexander Livingston born June 8, 1769, Moses Livingston born March 2, 1772, Margaret Livingston born June 29, 1774 and Nellie Livingston born Aug. 10, 1777. Their son Alexander was for many years located on the Livingstone Farm at Lot 66 in East Greenwich
Daniel (Donald) Livingston (1731-1793) ( Another Highland Argyllshire Livingston settler who arrived in old Albany County in the 1760's)
Daniel (Donald) Livingston is thought to have born abt. 1731 in Kildalton Parish on the Isle of Islay in southern Argyllshire. From later Upper Canada land petitions it is clear that is a highland Livingston of Argyllshire origin but neither David or his son John in their Upper Canada land petitions state where precisely in Argyllshire, Daniel was born in Argyllshire. He has 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 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).
In his early years 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 referred to as Daniel Livingston and this fact was that was later explained years later by his son John Livingston in a later 19th century Upper Canada Land Petition.
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 in Connecticut. Later in 1758 they prepared for an Invasion of Louisburgh 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 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. One source stated that about 80 of them decided to settle in Albany County, NY.
From http://www.gaspejohnpaterson.ca/pages/77regiment.pdf
"At the conclusion of the war, all the officers and men in Mongomery'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 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 earlier 1763 list dated August 16, 1763 a subsistence list of Officers and enlisted men of the 78th Regimentconfirms 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 because by 1764 a preliminary survey of a 150 acre lot in Albany County east of the Hudson River in what is now situated in present day Rupert Township, Bennington County, Vermont along the White Creek in the Whilte Creek meadow was untaken 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 this 150 acre lot with each of them located on 50 acres. The Survey information for their lot was recorded with a date November 6, 1764.
A few years later in 1765 King George the Third and the Governor of the then Colonial Province of New York granted former soldiers who served in 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 portion of a 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 was in North East Argyle Township in then old Albany County, NY. 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. 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 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 associates were not apprehended.
It would seem that the New Hampshire Government and it's New Hampshire grantees won out in the end over the Argyle Township, Albany County, NY as 78th regiment settlers including Donald McIntyre and his neighbour Donald (Daniel) Livingston were not apparently allowed to return to their grants originally granted to them in North Eastern Argyle Township in Albany County along the White Creek at White Creek Meadow granted to them back in 1765 as Military land grants authorized by the Crown and the Government of New York. These lots were apparently eventually acknowledged by the Colonial Government of New York apparently as being as being situated actually in Neighbouring New Hampshire and being in Rupert Township, Bennington County later to become Rupert Township, Bennington County, Vermont. I am still looking through some New York State records circa 1771 and 1772 to try and determine how and when this land dispute between the Colonial Province of New York and New Hampshire was finally resolved.
According to some of Donald Livingston's descendants Donald 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 in Argyle Township Charlotte County, (later Washington County before to departing for Upper Canada in 1784 a year after the War ended.
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. 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 settled in Augusta, Grenville County in then Johnstown District, Upper Canada in 1784. Apparently Daniel's sons including his eldest son John Livingston also came to Upper Canada with him but a daughter is said to have stayed behind in Argyle Township in Washington County in New York State and had family there. 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 was some significant old New York State info out there 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.
More to follow.
regards,
Donald