In order justly to appreciate the circumstances in which Henry Ludington and his young family found themselves about fifteen years after his return from the French and Indian war, it will be desirable to recall briefly the political and social conditions generally prevailing throughout the Colonies at that time, which were nowhere more marked than in New York City and the rural counties lying just north of it. During the two or three years before the actual declaration of American independence, or secession from England, the people of the Colonies were divided into two parties, the Patriots and the Loyalists or Tories. The latter maintained the right of England to govern the Colonies as she pleased, and regarded even a protest against the maladministration of George III’s ministers as little short of sacrilege. The former were by no means as yet committed to the idea of American separation from the mother country, but they were most resolute in their demand for local self-government, and for government according to the needs of the Colonies rather than the caprices of English ministers. When they first placed the legend “Liberty and union” upon their colonial flag, and called it the “Grand union Flag,” they had in[48] mind liberty under the British constitution and continued union with England. Nevertheless, antagonism between the two parties became as bitter as ever it was between Roundhead and Cavalier in Stuart days; and while in some respects Boston and Philadelphia figured more conspicuously in the pre-revolutionary agitation and operations than did New York, there was probably no place in all the Colonies where the people were more evenly and generally divided between the two parties, or where passions rose higher or were more strongly maintained, than in and about the last-named city. No ties of neighborliness, friendship, or even family relationship sufficed to prevent or to quell the animosities which arose over the political interests of the Colonies. Nowhere had the Patriots a more ardent or persuasive leader than young Alexander Hamilton, or the Tories a more uncompromising champion than Rivington, the printer, whose office was at last sacked and gutted by wrathful Patriots. An illuminating side-light is thrown upon the New York state of mind by an item in the New York “Journal” of February 9, 1775, as follows:

A company of gentlemen were dining at a house in New York. One of them used the word Tory several times. His host asked him, “Pray, Mr. ?, what is a Tory?” He replied, “A Tory is a thing whose head is in England, and its body in America, and its neck ought to be stretched!”

Nor were these passions by any means confined to the urban but not always urbane community on[49] Manhattan Island. They prevailed with equal force in the rural regions of Westchester and Dutchess counties. During the Revolutionary War that border region, between the British garrison on Manhattan Island and the American strongholds in the Highlands of the Hudson, was the fighting ground of the belligerents, and was also unmercifully harried and ravaged by the irregular succors of both sides, the “Cow Boys” and “Skinners,” and others, celebrated in the unhappy André’s whimsical ballad of “The Cow Chase.” Patriots from Westchester County were foremost among those who wrecked Rivington’s Tory printing shop, and an aggravated sequel to the item just cited from the New York “Journal” is provided in the annals of Dutchess County a little later in the same year. At that time a County Committee, or Committee of Safety—of which we shall presently hear much more—had been formed in that county, for the purpose of holding the Tories in check, and it had forcibly deprived some men of their arms and ammunition. The despoiled Tories made appeal to the Court of Common Pleas for redress, and James Smith, a justice of that court, according to a contemporary narrative, “undertook to sue for and recover the arms taken from the Tories by order of said committee, and actually committed one of the committee who assisted at disarming the Tories; which enraged the people so much that they rose and rescued the prisoner, and poured out their resentment on this villanous retailer of the law.” The[50] “resentment” seems to have been poured out of buckets and pillows, for we are told that Justice Smith and his relative, Coen Smith, were “very handsomely tarred and feathered, for acting in open contempt of the resolves of the County Committee!”

In or near that part of Dutchess County in which Henry Ludington lived a third small but not insignificant factor was involved in the problem. This was provided by the members of the Society of Friends, who were settled at Quaker Hill, near Pawling, in The Oblong. This was the first community in America to abolish negro slavery, in 1775, and on that account it was probably regarded with some suspicion. But worse still was the regard given to it in the strife between Patriots and Tories. There can be little doubt that the sentiments and wishes of the Quakers were largely with the Patriots. Yet their religious principle of non-resistance forbade them to take up arms or to engage in forcible conflict of any kind. They were therefore generally looked upon by the Patriots as Tories, and were on that account sometimes fined and otherwise punished, while on the other hand, the Tories made themselves free to quarter troops upon them and to demand aid of them at will. On the whole, however, they appear to have commanded the respect of the Patriots, for their sincerity, and thus to have been far more leniently dealt with than were the more militant Tories outside the Society of Friends.

Map of Quaker Hill and Vicinity, 1778-80, showing location of Colonel Ludington’s place at Fredericksburgh

The earliest organization of the Patriots in and[51] about New York was a Committee of Vigilance, the chief functions of which were to watch for oppressive acts of the British Government and incite colonial protests against them. This was in 1774 superseded by a Committee of Fifty-One, and it in turn in the same year gave place to a Committee of Inspection, of sixty members. In both of these latter John Jay, who was a neighbor and friend of Henry Ludington, was conspicuous, and it is to be presumed that Henry Ludington himself was either a member of the committees or at least was in active sympathy with their work. In April, 1775, came a crisis and the turning point in the movement for independence. The old Colonial Assembly of New York went out of existence on April 3. Then came the news of the first clash of arms at Lexington and Concord, acting as a spark in a powder-magazine. “Astonished by accounts of acts of hostility in the moment of expectation of terms of reconciliation,” said the lieutenant-governor of New York in his account of the occurrence, “and now filled with distrust, the inhabitants of the city burst through all restraint on the arrival of the intelligence from Boston, and instantly emptied the vessels laden with provisions for that place, and then seized the city arms and in the course of a few days distributed them among the multitude, formed themselves into companies and trained openly in the streets; increased the number and power of the committee before appointed to execute the association of the Continental Congress, convened themselves by[52] beat of the drum for popular resolutions, have taken the keys of the custom house by military force; shut up the port, drawn a small number of cannon into the country; called all parts of the country to a Provincial Convention; chosen twenty delegates for this city, formed an association now signing by all ranks, engaging submission to committees and congresses, in firm union with the rest of the continent, and openly avow a resolution not only to resist the acts of Parliament complained as grievances, but to withhold succors of all kinds from the troops and to repel every species of force, wherever it may be exerted, for enforcing the taxing claims of Parliament at the risk of their lives and fortunes.” This only half coherent but wholly intelligible and graphic narrative tells admirably how the Patriot sentiment of New York startled into life and action. A year later it was forcibly repressed by the British garrison on Manhattan Island, but in the counties at the north it continued dominant and triumphant.

The “association now signing by all ranks” was promptly entered into by Henry Ludington and his neighbors in Dutchess County, as the following transcript, from the MS. collection of Mr. Patrick, shows, the date of the original being April 29, 1775:

A General Association agreed to and subscribed by the Freeholders and Inhabitants of the County of Dutchess:

Persuaded: That the Salvation of the Rights & Liberties of America depends, under God, on the[53] firm union of its Inhabitants in a Vigorous Prosecution of the Measures necessary for its Safety; and Convinced of the Necessity of preventing the Anarchy & Confusion which attend the Dissolution of the Powers of Government, We, the Freeholders and Inhabitants of the County of Dutchess, being greatly alarmed at the avowed Design of the Ministry to raise a Revenue in America, and shocked by the bloody Scene now acting in the Massachusetts Bay, Do, in the most solemn Manner, Resolve, never to become Slaves; and do associate under all the Ties of Religion, Honour and Love to our Country, to adopt and endeavor to carry into execution, whatever Measures may be recommended by the Continental Congress, or resolved upon by our Provincial Conventions, for the Purpose of preserving our Constitution and opposing the execution of the several arbitrary and oppressive Acts of the British Parliament, until a Reconciliation between Great Britain and America, on Constitutional Principles (which we most ardently desire) can be obtained: And that we will in all things, follow the Advice of our General Committee, respecting the Purposes aforesaid: the Preservation of peace and good Order and the Safety of Individuals, and private property.

    Mathew Paterson
    Joseph Chandler
    Comfort Ludinton
    Ruben Miers
    James Dickinson Junr.
    Isaiah Bennett
    Malcolm Morison
    Alexr. Kidd
    Henry Ludinton
    Elijah Oakley
    William Alkin.
    David Atkins
    Stephen Baxter.

[54]

One other signature is illegible. Those of the two Ludingtons are clear and firm.

The new Provincial Congress of New York met in the New York City Hall on May 22, 1775, and remained in session until May 29, its most important act being the adoption of the following resolution:

Resolved, That it be and hereby is recommended to all counties in this colony (who have not already done it) to appoint County Committees and also sub-committees for their respective townships and districts without delay, in order to carry into execution the resolutions of the Continental and this Provincial Congress; And that it is also recommended to every inhabitant of this colony who has neglected to sign the general association to do it with all convenient speed, and for this purpose that the committees in the respective counties do tender the said association to every inhabitant within the several districts in each county; And that the said committees and persons respectfully do return the said associations and the names of those who shall refuse to sign the same to this Congress by the 15th day of June next, or sooner if possible.

This obviously “meant business.” It compelled every inhabitant of the colony to align himself, either with the Patriots or with the Loyalists; with a certainty that if he chose the former, he would be held as a traitor by the British Government, and if he chose the latter, he would be subject to whatever pains and penalties his incensed Patriot neighbors might see[55] fit to impose upon him. Into the work thus recommended by the Congress, Henry Ludington entered with zeal and ardor. He was at the head of the local committee, in Fredericksburgh Precinct, and also a member of the Dutchess County Committee, among his colleagues being John Jay, William Duer, Jacobus Swartwout, and other eminent Patriots.

How vigorously and unsparingly these committees went to work will appear if we anticipate for a moment the chronological record by a year. On a motion offered by John Jay on June 16, 1776, the Provincial Congress of New York declared guilty of treason, with the penalty of death, all persons inhabiting or passing through the colony, or state, as it then began to be called, who should give aid or comfort to the enemy. A week later the Continental Congress adopted a similar resolution. It does not appear that this penalty was ever actually imposed, but the terror of it was held as a powerful measure of restraint over the Tories. Again, at Conner’s tavern, at Fishkill, Dutchess County, on October 8, 1776, there was organized a secret committee “for inquiring into, detecting and defeating conspiracies … against the liberties of America,” with full power to send for persons and papers, call out the militia, and arrest or expel persons regarded as dangerous to the state, apparently without any judicial process. Thereafter numerous parties of suspects were sent in by the various local committees, including men, women, and children. All who consented to sign an[56] oath of allegiance to Congress were dismissed. The others were variously dealt with. Some were exiled from the State, some were imprisoned, and some released on parole, to remain near Fishkill within call and surveillance of the committee. The chairman of this committee was William Duer, and if Henry Ludington was not actually among its members he was certainly one of its most trusted and efficient agents. It continued in existence and action until February 27, 1777, when it was dissolved by the State Convention and was replaced by a Board of Commissioners. Two minutes of the proceedings of this committee will serve the double purpose of showing the character of its activities and the part which Henry Ludington played in executing its decrees. The first is dated only four days after the organization of the committee:

In Committee appointed by a Resolution of the Convention of the State of New York for enquiring into, detecting and defeating all Conspiracies which may be form’d in the said State against the Liberties of America. Fish Kill Octr. 12. 1776.

This Committee taking into Consideration Coll. Ludington’s Letter respecting Thomas Menzes Esqr. received yesterday—

Ordered that Coll. Ludington carry into Execution the former Orders of this Committee respecting Thomas Menzes Esqr. in such manner as to him shall appear most prudent.—

Ordered that the Secretary transmit to Coll.[57] Ludington by Express a Copy of the above Order.

Extract from the Minutes,

A. W. D. Peyster Secry.

Reduced Fac-simile of Letter, from Committee on Conspiracies, to Col. Henry Ludington.

(Original in possession of Charles H. Ludington, New York City)

The second is dated eight days later:

warrant from commite to aprhend sundry persons

In Committee of the Convention of the State of New York appointed for enquiring into, detecting and defeating all Conspiracies which may be form’d in the said State against the Liberties of America. Fish Kill Octr. 20, 1776.

Whereas this Committee did on the 17th inst. resolve that the following persons, Inhabitants of South East and Frederick Precincts in the County of Dutchess, should forthwith be disarm’d apprehended and secured, to witt, Uriah Townsend, Ebenezer Rider, Charles Cullen*, Barns Hatfield, Uriah Wright, Joseph Hitchcock, Eli Crosby, Dr. Daniel Bull*, Charles Theal, and Gilbert Dickeson—?

Ordered that Coll. Luddington do forthwith apprehend and bring before this Committee the above mentioned Persons and that he secure the Papers of such whose Names are mark’d with an Asterisk in order that the same be examined by this Committee.—

Ordered that Capt. Clarke detach Leut. Haight with a Party of 15 Men, to repair to Coll. Luddington and to follow such orders as they may receive from him.

Signed by Order of the Committee,

Wm. Duer Chairman.

[58]

In the margin of this warrant, which is here copied from the original in the possession of Charles H. Ludington, are these additional names:

? Daniel Babbit Jeremiah Birch Junr. David Nash Samuel Towner William Merrit Thomas Carl* Daniel Brundage Moses Fowler.

The Charles Cullen mentioned in the warrant was a brother-in-law of the distinguished jurist, Chancellor Kent.

Reduced Fac-simile of Order of arrest issued, by Wm. Duer, Chairman of Committee on Conspiracies, of the “Provincial Congress of the State of New York” to Col. Henry Ludington.

(Original paper in possession of Charles H. Ludington, New York City.)

In order to understand clearly the geographical scope of the operations already and hereafter credited to Henry Ludington, the division of that part of Dutchess County into precincts should here be explained, with the aid of a map. The reference is to that southern part of Dutchess County which was afterward set off, as at present, into Putnam County. From 1737 down to March 24, 1772, it was known as the South Precinct. On the latter date it was divided into three longitudinal strips, that along the Hudson being called Phillipse, or Philipsburgh Precinct; that in the central and east central part being called Fredericksburgh Precinct; and the smallest strip at the extreme east, consisting of part of The Oblong hitherto mentioned, being known as South East Precinct. It may be added, in anticipation of the narrative, that on March 17, 1788, these names were changed to Philipstown, Frederickstown, and South East, respectively; that on March 17, 1795, the towns of Carmel and Franklin were formed from Frederickstown,[59] and the remainder of the last named was called Fredericks; that on April 6, 1808, Franklin was changed to Patterson, and on April 15, 1817, Fredericks was changed to Kent. It may further be explained that the Philipsburgh Precinct was subdivided into two nearly equal longitudinal strips, and the one along the Hudson River was again divided laterally into three parts, making four lots in all, which were numbered from 1 to 4, and which in the partition of the original Phillipse Patent were apportioned as follows: No. 1, at the extreme southwest, Susannah Robinson; No. 2, next at the west center, Philip Phillipse; No. 3, at the northwest, Mary Phillipse; and No. 4, the long strip inland from the river, Susannah Robinson. The Fredericksburgh Precinct was likewise divided into three longitudinal strips, and the easternmost of them into three laterally, making five lots in all, numbered from 5 to 9, and these were apportioned as follows: No. 5, the long strip next to No. 4 of Philipsburg, to Mary Phillipse; No. 6, a long strip next to No. 5, to Philip Phillipse; No. 7, a “short lot” at the northeast, to Susannah Robinson; No. 8, a short lot at the east center, to Philip Phillipse; and No. 9, a short lot at the southeast, to Mary Phillipse. When, as we shall presently see, Henry Ludington became colonel commanding a militia regiment, his territorial command included all of these nine lots excepting Nos. 7 and 8. He was thus of all the militia commanders nearest to the seat of government when it was at[60] Fishkill, and was brought much into contact with state officials there.

Map of Philipse patent, showing original divisions

Map showing territory (shaded portion) covered by Colonel Ludington’s regiment

Appreciating the important part which the militia would play in the conflict which was then seen to be impending and inevitable, the Provincial Congress of New York, in session at New York City on August 22, 1775, adopted an elaborate measure for the enlistment, organization and equipment of such troops. Every county, city, manor, town, precinct, and district within the colony was to be divided by a local committee into districts or beats, in such a manner that in each beat might be formed one military company, ordinarily to consist of eighty-three able-bodied men and officers, between the ages of sixteen and fifty—afterward sixty—years. Not less than five nor more than ten such companies were to form a regiment, and the regiments were to be organized into brigades. One brigade was to be formed of the militia of Dutchess and Westchester counties, commanded by a brigadier-general. It was also ordered—

That every man between the ages of 16 and 50 do with all convenient speed furnish himself with a good Musket or firelock & Bayonet Sword or Tomahawk, a Steel Ramrod, Worm, Priming Wire and Brush fitted thereto, a Cartouch Box to contain 23 rounds of cartridges, 12 flints and a knapsack agreeable to the directions of the Continental Congress under forfeiture of five shillings for the want of a musket or firelock and of one shilling for want of a bayonet, sword or[61] tomahawk, cartridgebox, cartridge or bullet. That every man shall at his place of abode be also provided with one pound of powder and three pounds of bullets of proper size to his musket or firelock.

There were numerous additional prescriptions, concerning discipline and drill, the duties and responsibilities of officers, and the penalties to be imposed for non-compliance. In case of any alarm, invasion or insurrection, every man thus enrolled was immediately to repair to headquarters, to wit, the home of his captain, and the captain was to march the company straight to the scene of invasion or insurrection “to oppose the enemy,” at the same time sending word to the regimental or brigade commander. A little later, to wit, on December 20, the Provincial Congress ordered that the militia of Dutchess and Westchester counties should form two separate brigades; whence we may assume that a larger enrolment of militia men was secured in those counties than had at first been expected.

The militia were called out whenever needed, and were kept out as long as they were needed, but they could be taken outside of the colony or state for no more than three months at a time. Sometimes, as Mr. James A. Roberts explains in his work on “New York in the Revolution,” a regiment or half of a regiment would be called out half a dozen times in the course of a year, perhaps for half a dozen days at a time; and again might not be called out once for[62] a whole year. The regiments were commonly designated first by their colonels’ names and next by their counties. Officers and men seem to have served, says Mr. Roberts, in different organizations almost indiscriminately. At one call they were in one and at another they were in another regiment or company. Each colonel had almost unlimited powers in the district to which his regiment belonged, and he was specially required to see that every able-bodied male inhabitant between the ages of sixteen and sixty years was enrolled. Moreover, every such person must serve whenever called upon to do so, under penalty of fine and imprisonment; and if incapacitated, he must contribute toward the cost of securing and equipping another man. Among the rations served to all were tobacco, sugar, and tea, and in addition the colonels and chaplains received liberal allowances of rum. A colonel’s pay was $75 a month, and a private soldier’s pay $6.66 a month; not always in money, but sometimes in state scrip and sometimes in authority to “impress” cattle and goods; for all which things taken receipts were to be given to the owners in the name of the state, so that payment could afterward be made.

This enactment by New York was made in pursuance of an act of the Continental Congress, on July 18, 1775, which “recommended to the inhabitants of all the united English Colonies in North America that all able-bodied, effective men between sixteen and fifty years of age, in each Colony, might[63] form themselves into regular companies of Militia, to consist of one captain, two lieutenants, one ensign, four sergeants, four corporals, one clerk, one drummer, one fifer, and about sixty-eight privates.”

Each company was permitted to elect its own officers; the companies were to be formed into regiments or battalions, officered with a colonel, lieutenant-colonel, two majors, an adjutant or quartermaster. All officers above the rank of captain were to be appointed by the respective Provincial Assemblies, or Conventions, or by the Committees of Safety.

One fourth part of the militia in every county was to consist of minute men, who were ordered “to be ready on the shortest Notice to march to any Place where their Assistance may be required for the Defence of their own or a neighboring Colony.” As the minute men were expected to be called into action before the body of the militia were sufficiently trained, it was recommended “that a more particular and diligent attention be paid to their instruction in military discipline.”

The equipment of these militia companies was at first painfully meager, and their muster-rolls, “spelled by the unlettered Muse,” were such as would drive the modern officer to despair. As an example, the muster-roll of Captain Nathaniel Scribner’s company may be cited, copied verbatim et literatim from an original MS. in the possession of Mr. Charles H. Ludington:

[64]

Capt. Scribner’s muster role.
Capt Nathaniel Scribner     gun     sword     o
Ltn Daniel martine     o     o     catrig box
In David merrick     o     sword     o
St. Thomas grigrory     o     o     o
St. Caleb hazen     o     o     o
St makis Brundige     o     o     o
Cl Thomas willson     gun     o     catrig box
Cl Isaac Evritt     gun     sword     o
Benianan hamblon     fiffer        
Stephen Hyatt     Drummer        
Joshua grigrory     o     o     o
gilbirt ganung     gun     o     o
Samuel Pears     o     o     o
Caleb Pears     gun     o     o
Rusel grigrory     gun     sword     o
freman hopkins     o     o     o
Samuel horton     o     o     o
Joseph hopkins     o     o     o
alexander pears     o     o     o
henery Bolding     gun     sword     o
John ferguson     gun     o     o
Noah robinson     o     o     o
Joseph ganung     gun     o     o
Jesse ganung     gun     o     o
Elezur hazen     gun     o     o
william haighson     o     o     o
Lewis Furguson     o     o     o
abiiag Barker     o     o     o
Samuel Jinkins     gun     o     o
Jacob mead     gun     o     o
John mcLean     gun     o     o
John Lounsbury     o     o     o
[65]John thrustin     o     o     o
Nathanel finch     o     o     o
Jona Carle     o     o     o
Thomas Furguson     o     o     o
Richard p e grigrory     o     o     o
James Carle     o     o     o
Nathaniel Jinkins     o     o     o
David Storms     gun     sword     o
John Sloot     o     o     o
John frost     o     o     o
gorge Evritt     gun     sword     o
Edward Vermilyea     o     o     o
John Stedel     o     o     o
Jonathan hustice     gun     o     o
Thomas Hall     gun     sword     o
James Barker     o     o     o
John wright     o     o     o
Thadeus Ramond     gun     o     o
robint wright     o     o     o
Beniaman Birdsel     o     o     o
Isaac ganung     gun     o     o
Job Veail     o     o     o
Isaac Sloot     o     o     o
adonija carle     o     o     o
Samuel Conkling     o     o     o
Elisha Bolding     o     o     o
Jeremiah hughson     o     o     o
Jerediah davis     gun     o     o
alaxander Brown     o     o     o
gedien Simkins     o     o     o
David Fowler     o     o     o
Daniel worden     o     o     o
abraham Furguson     o     o     o
Jones Semans     o     o     o
Nathanel Robinson     o     o     o
John Sloot     o     o     o

[66]

Annexed to the muster roll was the following addendum:

These air men What is gon into the servis

    Leftenant John munrow
    St. Josiah grigrory
    Jacob birdsel
    Jacob ganung
    john Shaw
    Solomon hustice
    parce bolding
    John Vermilya
    Richard Barker
    Daniel grigrory
    Zebulon wright
    Isaac merick
    Eli hopkins
    James mcfarling
    Rhubin finch
    Timothy wood
    Jonathan Semans
    william Virmilya
    Thomas hagson
    Jonathan hopkins
    moses hazen
    Samuel bouton
    Isaac Lounsbury.

In the work of enlisting and organizing these militia levies the most efficient men were naturally those who had already had military experience and command as officers in some of the colonial wars. Henry Ludington was among these. He had had such experience in a noteworthy degree, and to it[67] he added both physical and temperamental aptitude for military labors, and an ardent spirit of patriotism. Leaving the service in 1759 as a lieutenant, he had, as already related, resigned his commission in indignation at the Stamp Act. On February 13, 1773, however, he accepted a commission as captain in Colonel Beverly Robinson’s Dutchess County regiment, and this commission, which was signed by William Tryon, the last British governor of New York, he held until 1775, or possibly 1776, when he cast it aside and entered the “Rebel” or Patriotic service. The militia of Dutchess County was organized, under the law already cited, in the fall of 1775, and on October 17 Petrus Ten Broeck, the colonel of the First or Rhinebeck and Northwest regiment, was commissioned brigadier-general commanding. Of the Second regiment of Dutchess County, Jacobus Swartwout was colonel, and when in time the militia of the county was so increased as to form two brigades, he was, on March 3, 1780, appointed brigadier-general commanding one of them. Swartwout’s commission as colonel was also issued on October 17, 1775, and at the same time Malcolm Morrison was commissioned first major and Henry Ludington was commissioned second major of his regiment. Ludington seems also to have served as captain of the company raised in his home district, and to have been prompt and energetic in his service; for on February 20, 1776, we find Colonel Swartwout in a letter to the Provincial Congress reporting that[68] he was in hourly expectation of Captain Ludington’s appearance at regimental headquarters, together with Captains Woodford from Pawling’s, Clearck from Beekman’s, and Durling from Rombout Precinct. The Congress the next day ordered that all the men thus reported should serve until May 1 of that year, unless sooner discharged.

Soon afterward came Ludington’s first promotion. On March 8, 1776, Malcolm Morrison, the first major of Swartwout’s regiment, addressed to the Provincial Congress of New York this letter:

Gentlemen: Whereas the gentlemen of the Provincial Congress has been pleased to appoint me First Major in Colo. Swartwout’s regiment, and as my situation and business is such, that it is not within my power to serve without doing injustice to myself and creditors, having a considerable interest in my hands to settle, and having a large family to take care of without any person to assist me in settling my affairs, and whereas Major Henry Ludington, appointed in the militia, is prevailed upon to accept the commission sent me, and if agreeable to you, do resign in his favor. He can be recommended by Colo. Swartwout or the Committee of Dutchess County, and I hope you will be prevailed upon to appoint him in my stead, he being a person that has served in the last war and well acquainted in the military service, and, Gentlemen, your compliance will greatly oblige,

Your Very Humble Servant,

Malcolm Morrison.

[69]

Mr. Ludington waits for an answer.

N.B. Gentlemen, enclosed you have the commission.

This extraordinarily na?ve and unconventional letter was received on March 9, apparently being borne by Major Ludington himself as messenger. It was favorably acted upon, and the next day, March 10, Ludington was made first major of the regiment in Morrison’s place. At this time the companies were not yet filled, and the regiment was small. But recruiting went on rapidly, so that by the first of May, 1776, the regiment was actually too large. Accordingly on May 6 the Committee of Dutchess County took action for the formation of another regiment in that part of the county, as reported in the following letter to the Provincial Congress:

Sir:—It having been represented to the General Committee of this County, that the Southern Regiment of Militia was too large and extensive, containing 12 companies and covering a space of country upwards of 30 miles in length, we have, therefore, not only because in other respects it was expedient, but also in compliance with the Resolution of Congress prohibiting a Regiment to consist of more than 10 Companies, divided it, and instead of one have formed the Militia in that quarter into 2 regiments, together with a list of persons nominated for Field Officers. As this part of our Militia will remain unregimented till the Officers receive their Commissions, we must request that the Commissions be[70] made out as soon as possible and sent to the Committee in Rombout’s Precinct with directions to forward them to the Officers immediately.

I remain, by order of the Committee,

Your very humble servant,

Egbert Benson Chairman.

Reduced Fac-simile of the Commission of Henry Ludington as Colonel.

From the “Provincial Congress for the Colony of New York,” June 1778.

The new regiment, as described in an enclosure in Mr. Benson’s letter, was to consist of all the militia in Phillipse Precinct, and in all of Fredericksburgh Precinct “except the Northern and Middle Short Lots”—at the northeast, as hitherto explained. The field officers nominated were as follows: Colonel, Moses Dusenbury; lieutenant-colonel, Henry Ludington; first major, Reuben Ferris; second major, Joshua Nelson; adjutant, Joshua Myrick; quartermaster, Solomon Hopkins. These nominations were promptly confirmed. A little later Henry Ludington was commissioned colonel of this regiment, to succeed Colonel Dusenbury. The exact date is not now ascertainable, but according to the mutilated remains of the commission, a facsimile of which is given in this volume, it was some time in June, 1776. The commission—his first as colonel—was issued by the Provincial Congress of the Colony of New York, and was one of the last acts of that body, which in that month of June, 1776, went out of existence, and on July 9 following was succeeded by a new Provincial Congress, meeting at White Plains, which the next day, July 10, changed its name to the Convention of the Representatives of the State of New[71] York. With this change of government new commissions were issued to officers, Henry Ludington receiving one as colonel, which is now in the possession of his grandson, Charles H. Ludington. His regiment, the seventh of the Dutchess County militia, was thereafter popularly known and indeed often officially designated as Colonel Ludington’s regiment. Unfortunately its earliest muster-rolls and record of organization have not been preserved, or cannot now be found, but it is known to have consisted of six companies. The minutes of the Council of Appointment do not mention it until May 28, 1778, when it is called Colonel Henry Ludington’s regiment. At this latter date Stephen Ludington was a second lieutenant in Captain Joel Mead’s (1st) company. We may here add that in various rosters of New York troops the following names of members of the Ludington family appear, in addition to Colonel Ludington:

Stephen Ludington, and also Stephen Ludenton (doubtless the same person), private, in Brinckerhoff’s company of Brinckerhoff’s regiment—the second regiment of Dutchess County, Rombout Precinct.

Elisha Luddington, private, of Livingston’s company of Malcolm’s regiment—the first regiment of New York levies in the United States Army. Also, Elisha Luddington, private, in Barnum’s company of Hopkins’s regiment—the sixth regiment of Dutchess County.

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William Luddington, private, in Westfall’s company of Wessenfels’s regiment.

Comfort Ludington, private, in Hecock’s company of Field’s regiment—the third regiment of Dutchess County. Also, Comfort Ludington, private, in Mead’s company of Ludington’s regiment—the seventh regiment of Dutchess County. Also, Comfort Luddington, captain of a company of the second regiment of minute men of Dutchess County, commissioned on February 26, 1776.

Early in June, 1776, probably at about the time of Colonel Ludington’s appointment, and a month before the formal declaration of American independence, the Continental Congress called for 13,800 militia from the Colonies, to re?nforce the army at New York, in addition to other levies for the army which was to invade Canada. New York’s share of this levy was 3,750, of whom 3,000 were for service at New York and 750 for the expedition to Canada. The latter were naturally selected from the northern counties, while the 3,000 for local service were taken from the counties along the Hudson and around the city of New York. Among the latter were 335 men from Dutchess County, a larger number than was contributed by any other county excepting New York and Albany. The Dutchess County contingent was ordered to be ready to march on June 21.

Reduced Fac-simile of the Commission of Henry Ludington as Colonel.

From the State of New York. May 28, 1778.

(Original in possession of Charles H. Ludington, New York City.)

The local needs of Dutchess County were not, however, to be overlooked. A committee of the New[73] York Congress on June 20 reported that there were many disaffected and dangerous persons in Dutchess and Westchester counties, who greatly disturbed the peace, and who would probably take up arms whenever the enemy should make a descent upon that region, and that the requisitions of troops made by the Continental Congress had left the militia incapable of keeping peace and order “without great inconvenience to themselves and much injury to and neglect of their private property.” It was therefore recommended, and ordered, that 100 men and officers in Dutchess County and 50 in Westchester County be taken into the service of the Provincial Congress “and confined to the Service of those Counties.” The 100 men in Dutchess County were organized in two companies. On July 16 the Provincial Congress, or Convention, was in session at White Plains, and it there ordered that one fourth of the militia of those two counties should be summoned into active service, until the end of the year; each man receiving $20 bounty, and the same pay and subsistence as the Continental soldiers. Among those thus drawn into the service was Colonel Ludington.

The first care of Colonel Ludington on assuming command of his regiment was to fill up its ranks and organize a complete staff of officers. In reporting to the Convention—or Provincial Congress, as he still called it—upon this work, he wrote under date of July 19, 1776, from Fredericksburgh, as follows, this letter being transformed into modern and corrected[74] orthography, and others which follow being thus edited only enough to insure intelligibility:

These may inform Your Honors that I meet with some difficulty in furnishing my quota of men for the present emergency, for want of commissions in the regiment which I have the honor to command. We have a number of officers chosen already that have no commissions, and several more must be chosen in order to have the regiment properly officered. And whereas I have applied to the County Committee for blanks to be filled up, and there are none to be had, therefore I, in conjunction with the committee of this Precinct, would desire that there might be about twenty blank commissions sent up by Mr. Myrick, the bearer hereof. I would further acquaint Your Honors that the regiment is destitute of Majors, and would be glad if Your Honors would appoint two gentlemen to that office and fill up commissions for them. There are two gentlemen that I do, with the advice of the Committee, nominate, viz., Mr. Gee—his Christian name I am not able to tell—of Phillipse Precinct, and Captain Ebenezer Robinson of this Precinct. These gentlemen are doubtless known by several of the members of the honorable House.

From Your Humble Servant,

Henry Ludenton, Colonel.

To the Honorable Provincial Congress.

Reduced Fac-simile of Letter from Abraham Bancker to Col. Henry Ludington.

(Original in possession of Charles H. Luddington, New York City.)

The annals of the New York Convention, under date of July 20, 1776, relate that this letter was received, read, and filed, and that—

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On reading the said letter from Colonel Ludenton, of Dutchess County, and considering the state of his Regiment at this critical time,

Resolved, That Commissions be issued to the two gentlemen therein named in said letter, and that 20 other Commissions be signed by the President and countersigned by one of the Secretaries and transmitted to Colonel Ludenton, to be filled up for the Captains and Subalterns of his Regiment when necessary, by the Precinct Committee and himself; that said Precinct Committee and Colonel Ludenton return to this Convention an exact list of the names, rank and dates of the Officers commissioned, which they shall fill up and deliver.

And Resolved, That the sending blank commissions to a Precinct Committee shall not from this instance be drawn into precedent.

In this fashion Colonel Ludington prepared for the stern activities before him. The “critical time” referred to in the resolutions of the Convention was indeed critical. New York was in imminent danger of being occupied by the British, and British warships were likely soon to ascend the Hudson River. John Jay was intrusted with the making of plans for the defense of the Hudson Highlands. On August 1, Jay, Duer, and others, were made a committee to draft a plan for a new government for the State of New York. The battle of Long Island was fought on August 27, and a little later the British were in full possession of New York and its environs. The Convention was driven to Harlem, to Kingsbridge,[76] to Odell’s in Phillipse Manor, to Fishkill, to Poughkeepsie, and to Kingston. On October 20 the battle of Chatterton Hill was fought, at White Plains, in which Colonel Ludington’s regiment was engaged, and in which he himself served as one of Washington’s aides, and thus began his acquaintance with the commander-in-chief. When Washington’s army crossed the Hudson River, however, for the “devil’s dance across the Jerseys,” and the superb turning at bay at Trenton, the New York militia levies remained at home, where indeed they were sorely needed. The Tory element in Westchester and Dutchess counties had from the first been ominously strong. With the British victories in and around New York, and with the American Army in apparently hopeless rout and flight, they were emboldened to open hostility to the Patriot cause. A report to the Convention, or to the Committee of Safety, on September 4, made it appear that in the four counties of Dutchess, Westchester, Orange and Ulster there were only 3,100 armed and trustworthy militia, while there were 2,300 disaffected Tories and 2,300 slaves to be held in order. A month later the situation was much worse, and it was then that there was formed the committee already mentioned, “for inquiring into, detecting and defeating conspiracies against the liberties of America.” The war was now on, in earnest, and “malice domestic, foreign levy,” were both at once to be grappled with by the Patriot soldiers.