The New York Packet

NEW-YORK.

Mr. LOUDON,

SIR,

Inclosed is a Copy of a Letter I have written to His Excellency Governor Clinton at New-York; Here is a Copy of a Letter and Receipt from Harman Hoffman to me, and an Affidavit from Mr. Leonard Ten Broeck,—all which you will insert in your Public News-Paper.

I am your most obedt. humble servant,

REYER SCHERMERHORN.

Great-Barrington, February 3, 1787.

SIR.

No men nor their works ought to be condemned on hear-says, and bare surmises, much less on the accusations of their enemies, without being examined into—I therefore take the liberty to inform your Excellency, that I have in my possession, two letters written by your Excellency to Governor Bowdoin, of Boston, and the Magistrates of Berkshire county, accusing me with forging a bail's name to a bail-bond, by me given to Mr. Sheriff Hoffman, of Dutchess county, afterwards intercepting it on its way to the Supreme Court of the State of New-York, —in vindication of my character, which I look upon to me, to be as dear as my life, and from the base and foul insinuations of Mr. Hoffman, I must refer your Excellency to the enclosed affidavit written by the gentlemen alluded to as bail, which plainly proves the charge to be false, and without the least colour or grounds of truth; likewise to the enclosed letter and receipt from Mr. Hoffman to me, which shows that this bail-bond was not the first paper of consequence by him lost. I must likewise beg of your Excellency, in order to be further satisfied about me, to call on Col. Troup and Mr. James Beekman, at New-York, who, by my letters to them, and all my other creditors, immediately after I came to this place, will prove that I have acted upon the principles of an honest man, and not come here to defraud my creditors as was reported: On my misfortune not being able to satisfy the immediate demands of my creditors, I gave them my father's estate in security, which they are much pleased with, and commend the step I have taken; this, Sir, will be authenticated by those gentlemen, if your Excellency will do me the justice to call on them, and will there find an inventory of the real and personal estate of mine and my father, to amount to twelve thousand four hundred and forty-nine pounds even shillings and four pence, New-York currency, which we have made an assignment of, for the benefit of our creditors; and your Excellency will likewise there find a list of all the debts and demands against us, to amount to six thousand one hundred and eleven pounds one shilling and three pence. Our estates are not valued by us, but by Attornies and Assignees appointed by us, who are to pay all our debts in three years, and return us the overplus; which by their computation, will amount to about six thousand pounds, and in my opinion, the real estate will sell for several thousand pounds more, before the expiration of the above term, than it is now valued. Notwithstanding all this, Mr. Hoffman has by an execution put into his hands against us, not given us time to get the letters of license signed, has sold all the moveable estate he could find of either of us: He has sold the place which we lived on, which he knew we only held by mortgage; he has likewise sold a farm which my father had some years ago, granted to my brother and sister; this he did in order to put our family to all the trouble and expense in his power, when at the day of sale, he was informed of lands in Albany county, belonging to my father, which would have more than satisfied his execution: He has at the said vendue, struck off to himself, about 60 bushels of Indian corn, for the small sum of 75 shillings; and two waggon loads of the best kind of English oats, for 27 shillings: This oats and corn he sent for the next day, when Esquire Van Ness and Mr. Abraham Teeter, our other neighbours who had purchased a large quantity of our hay, at the rate of about 6 shillings per waggon load, which they left for our use at the same price. Mr. Hoffman has, after the said vendue was over, sold a negro man of mine, at private sale, for fifty pounds, who cost me one hundred and twenty-six pounds, and would have sold for that price at the said vendue; but as the negro would not live with this purchaser, the sale was set aside. Mr. Hoffman has by virtue of an execution against me in favor of John Murray, in the year 1785, for one hundred and twenty-two pounds—with this execution he came to my store at Red-Hook, in my absence, and told my clerk that he must stop selling any more of my goods, when there was about fifteen hundred pounds value in the store: he likewise told my clerk, that he must then seize all my horses, negroes and every other property belonging to me; on which the clerk asked him how much the debt was, and desired him to leave it for me when I came home; which Mr. Hoffman, by the duty of his office, was obliged to give in writing, to be but one hundred and twenty-two pounds, New-York currency; on which the clerk told him that he was much surprised at so much noise made for a trifle, as I had one horse that would sell for that money; on which Mr. Hoffman told him he might continue selling my goods as usual: But a few days after, I was informed by my said clerk, that Mr. Hoffman had repaired to a whole neighbourhood, about six miles distance from my store, and which were my best customers, that he had seized all my goods and effects by an execution in his hands against me, and that he had locked my store and taken the key home. This, Sir, I can prove by at least twenty witnesses; but on the said execution, I some time afterwards, paid Mr. Murray's Attorney eighty pounds, and have afterwards answered on this execution, debts against Mr. Hoffman, by his orders to Major Ten Broeck and others, which overpaid the said execution, which he has never paid the Attorney; but denied its being paid, and has now, by virtue of the said execution, sold some of my effects to pay the said Attorney, who had advanced the money to Mr. Murray out of his own pocket.

And further, what may surprise; but I cannot forbear informing your Excellency of Mr. Hoffman's cruel treatment to me last winter, by an execution put into his hands against me in favor of a certain Mathys Roux, which judgment I proved to Mr. Hoffman by the Clerk of the Court, to have been illegally got on default, and that I had a bond in judgment against a brother of the said Mathys for a larger sum, who was absconded and had left his farm, and all his other property in the hands of the said Mathys; on which Mr. Hoffman has, for some short time, continued the execution in his hands, and promised to continue it until the next Court, to give me an opportunity to set the said judgment aside, as he then told me he would do, in order to have justice done me, which he said he often did, when Attornies took unreasonable advantages; but he soon afterwards gave me reason to believe that this justice done me, was for no other reason but to obtain a receipt from me for seven hundred and six pounds, New-York currency; for a receipt he pretended to me he had lost. for so much money he had paid me for wheat, for the use of the public, in the month of October in the year 1777. I recollected of his having purchased wheat from me in the war time, and as he offered to take his oath of the above sum and date; I granted him a new receipt, as per copy here enclosed, taken from him that the old one should be cancelled if found: But a few days after he had obtained this receipt from me, he gave the said execution together with another for fifty-eight pounds, which I had some time before shewed him Sheriff Duboys' receipt of being paid, which money the Attorney has never called for, but gave another execution to Mr. Hoffman: These two illegal executions he gave to one of his deputies, whom he ordered immediately to sell a farm of mine, which lays at Fredericksburgh, in the lower part of Dutchess county, about fifty miles distance from the place I lived at, when I had a large store of dry and West-India goods, and sundry other goods and chattels at Red-Hook, within one mile's distance from his own house. This farm at Frederickburgh, was, however, without my knowledge sold at vendue, for the small price of two hundred and twenty pounds, which can be proved by all the neighbours round it, to be worth one thousand pounds; but some time after, I was informed by Mr. Hoffman, that one of his deputies had illegally sold this farm of mine; but that he would never sign the Sheriff's deed for it, so that I might rest easy, but I went however immediately to this deputy, and asked him how he came to sell my estate without giving me notice; on which he gave me his word and honor, that Mr. Hoffman himself, had given him the said executions and ordered him to sell the farm, and that he really thought as Mr. Hoffman was my neighbour, that he had given me notice of the day of sale.

As this Deputy-Sheriff bears the character of an honest man, and being no enemy of mine, I have no doubt of his veracity.

A few days after the purchaser offered to pay me about twenty pounds, being the overplus of the said executions; which I refused to accept of, and which was afterwards paid to Mr. Hoffman: On this he immediately signed the Sheriff's deed, altho he solemnly promised he never would. As I have immediately on coming to this town, hired a house and opened a considerable store of goods, and being settled here so very different from the purport of your Excellency's letters, that the gentleman by whom they were left, doubting Mr. Hoffman's veracity how he came by them, brought me the letters: But in consequence of them I have been taken in this place, by about twenty armed men, and brought into your State; where, on examination, the charge was proved to be false, and without foundation; for which I have Mr. Hoffman's own certificate to show, witnessed by David Van Ness, Esq. Mr. Samuel Allen, and Mr. John Lloyd, Deputy-Sheriff. Notwithstanding this certificate, Mr. Hoffman has extorted from me fifty-eight pounds for the costs, before I could be released from this body of armed men.

I have often detected Mr. Hoffman in speaking to the prejudice of my credit, which he would as often palliate, and to my face pretend friendship,—have therefore let it pass over unnoticed, looking upon my property and credit to be so well established, that I thought it out of his power to injure me: But I do not in the least blame your Excellency for writing those letters in favor of Mr. Hoffman, as from the complaints by him made, it must have appeared very grievous on his side; but from the facts I have related, your Excellency must now be convinced to the contrary, and that the greatest injury has been done to an innocent man; must therefore pray that the said Mr. Hoffman may be called to an account, and that your Excellency may call upon me to prove every tittle in this letter contained; and on which, that the commission of High Sheriff may be taken from him, as he is by no means worthy, or has abilities of holding that office, as from his own letter to me, (copy here inclosed) proves him either to be a knave or fool. As I am conscious that your Excellency is a friend to justice, I flatter myself therefore, you will relieve the county of Dutchess, from this heavy burthen and the abuses committed, as there are complaints from every quarter of the county that the monies recovered by Mr. Hoffman as Sheriff, are applied to his own use.

I am,

With the highest respect and esteem,

Your Excellency's most obedient,

Humble servant,

REYER SCHERMERHORN.

Great-Barrington, January 21, 1787.

To His Excellency GOVERNOR CLINTON

New-York.

SIR,

I AM much surprised you refuse to give me a receipt for wheat which I have paid you for. I do suppose you have given me a receipt, which receipt I have mislaid or lost; and for the want of said receipt I can't settle with Major Barber, which is a great loss to me. I do suppose it is your wish that I should receive my just due from the public—more than that I ask not. Captain Wilson informs me that you are rather fearful of giving me a receipt, as you imagine you have given me a receipt before, which may be the case; but I do declare to you on my honour, that I do not remember of you giving me a receipt, or if you have it is lost and not to be found: I have taken much pains to find it but cannot, but I am sure a receipt for wheat sold the public cannot injure you. However, I am willing to give any writing to warrant you against the receipt. I should not ask it, was it not that I am going to New-York on Thursday morning, and wish to settle my public account; I therefore beg it as a friend you will send me a receipt by the bearer, for the sum of seven hundred and six pounds, for wheat you sold me in October 1777. for the use of the public. In doing this you do justice to me, and you may depend on my returning the favor again to you.

Yours, H. HOFFMAN.

Captain Hurmance, William Beitcher, Reyer Hurmance, and others, have given me vouchers or receipts of this same kind.

December 20, 1785.

Mr. Reyer Schermerhorn.

RECEIVED, Red-Hook, February 3d, 1786, from Mr. Reyer Schermerhorn, a receipt for seven hundred and six pounds, New-York currency, for a receipt for so much money, paid him in October 1777, for wheat for the use of the public. which receipt is lost, and which I promise shall be cancelled if found.

H. HOFFMAN.

WHEREAS report has prevailed, that Messrs. Jacob Schermerhorn and Reyer Schermerhorn, have forged my name as bail to a bail-bond by them given to Mr. Sheriff Hoffman, in the county of Dutchess, and State of New-York. in a suit of Mrs. Elizabeth Schuyler—I do hereby certify that the said report is false, and that I have myself assigned my name as bail to the said bond, and that on examination it appeared that the said bond was lost by Mr. Hoffman, or on its way to the Supreme Court of the State of New-York; and on the said examination Mr. Hoffman confessed that he knew my name on the said bail-bond to be my own hand writing.

Witness my Hand;

LEONARD TEN BROECK.

Great-Barrington, 22d Nov. 1786.

Berkshire, ss. Nov. 22d. PERSONALLY appeared the said Leonard Ten Broeck, signer to the foregoing affidavit, and made solemn oath, that the same is the truth and nothing but the truth—

(Coram) WILLIAM WHITING, J. P.