Revolutionary War Pension and Bounty Land Warrant Application File Sp.B.L.Wt. For 640, for Richard Livingston, New York
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(3 - 1776)
SERVICE
Continental (N.Y.)

Livingston, Richard

NUMBER
Sp. B. L. Wt. for 640 acres 
Canadian refugee

CONTENTS
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Special Warrant in favour of the heirs of Richard Livingston 
A Canadian Refugee 

Registered among the Revolutionary land warrants, and on the Duplicate Warrant Book the 26 Feby 1835 between the number 2094. & 2095
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References &c. in relation to Richd [Richard] Livingston, decd who was a Canadian Refugee, and Lieut Colonel in the Regt. commanded by Col. James Livingston in the New York Continental line 
Resolutions of Congress relating to Refugees from Canada and Nova Scotia 
See Journals of Congress Vol. 4. page 193. 23 April 1783
do " 498, 13th April 1785. 
Act of Congress for the relief of the Refugees from the British Provisions of Canada and Nova Scotia approved 7th April 1798 by the 4th section of which act, it is required of the Secretary of the Dept of War, to lay such evidence of claims, as he may have received, before the Secretary and Comptroller of the Treasury, and with them proceed to examine the testimony and give their judgment, what quantity of land ought to be allowed to the individual claimants &c &c 
Abstract of evidence filed in the office of the Clerk of the Ho. of Rept [House of Representatives] upon which, an act for the relief of heirs at law Richd Livingston, decd, was passed, and appeared the 27th June 1834. See Sessions acts, page 49. 
The Petitioners, Richard & Stephen Livingston, sons of Richd Livingston, decd, state that, their father, before, and at the commencement of the Revolutionary War, was, as they were informed and believed, a Quarter Master in the service of the King of Great Britain, and resident in Montreal, that when the American Army retreated from Canada, their father, with his family, removed therefrom into the State of N. York.
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and was soon after appointed a Lieut. Colonel in Reg’t commanded by Col. James Livingston in the army of the U. States that he continued to reside in the State of N. York until about the year 1785 when he died, leaving the Petitioners infants - that they are now the only children and heirs at law of their deceased father &c- 
Col. James Livingston, in his depositions made on the 7th Decr 1826, and the 11th Jany 1828. states that Richard Livingston, the father of Richard and Stephen Livingston, was his brother, that Richd Livingston, decd. resided in Montreal in Canada before the year 1770 and continued to reside there until the latter part of the year 1776, and that he was a Quarter Master in the service of Great Britain. That when the American Army retreated from Canada, said Richd Livingston decd in consequence of his having given and to the U. States, and with intent to give further aid to the U. States, abandoned his settlement in Canada, and removed to the State of N. York, and shortly after, was appointed a Lieut Colonel in his, the said James Livingstons Regt - that in the year 1781 the said Regt was reduced, and the said Richard Continued to live in the State of N. York until his death, that he had a Family when he removed from Canada and that the petitioner Richard Livingston, was a member of that family, and did not return to Canada until after the 25th Octr 1783, and resided there but a short time, and then returned to the State of N. York where he has ever since resided-
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Certificate of the Commissioner of the Genl Land Office dated 12th Feby 1827. Showing that, on an examination of the Records and the plat of the Refugee Tract, no location appeared to have been made in the name of Richd Livingston 
Printed Reports of the Committee on Revolutionary Claims in the House of Representation made on the 15th Feby 1827. 9th Feby 1830. 24 Feby 1832 and 23d Decemr 1833, in each of which, leave is asked, to report a Bill for the relief of the heirs of Richd Livingston, decd 
On examination of Official records on file in the Treasury Dept it appears that Richard Livingston, entered the service as Lieut Colonel in the Regt commanded by Col. Jas. [James] Livingston in the N. York continental line, on the 18th Decr 1776. and that his name was omitted on the Rolls of said Regt in Aug 1779.
It further appears by said Records that, in Jany 1791. Lands were granted by the State of N. York in right of Richd Livingston for his services as a Lt Colonel in the Continental line of that State, as follows –
In Township. 26. Lots No. 35. 600. acres 
85 .. 420 acres
36 .. 600 acres
45 .. 600 acres
[total of] 2,250 acres 
It also appears that he received as a Canadian Refugee under an act of the Legislature of N. York, passed the 11th May 1784. 2 lots of 80 acres each, & 2 lots of 420. acres each, making 1000 [total of] 3250 acres
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The name of Richard Livingston is not returned on the list of Officers of the Revolutionary Army, among those entitled to bounty lands from the U. States, it is inferred therefore, that he left the service in 1779 (being the period at which it appears his name was omitted in the Rolls of the Regt to which he was attached) under circumstances that precluded him the right to that bounty.
There is not, in the case of Richard Livingston, any loss of property stated, it is therefore probable that, no such loss was sustained. The ground upon which the claimants would be entitled to lands, appears to be, first. the abandonment of his Settlement at Montreal, and his office of Quarter Master in the service of Great Britain, in order to support the American cause. Secondly, the services which he rendered in support of that cause – 
In estimating the quantity of land to which the heirs of Ricd Livingston, decd might be considered as entitled to under the act of Congress of the 7th April 1798. regard should be had to that provision in the 4th Section of said act, which requires “That in considering what compensation ought to be made by virtue of this act, all grants, except Military grants, which may have been made by the U. States, or individual States shall be considered at the just value thereof at the time they were made, respectively, either in whole or in part, as the case may be, a satisfaction to those who may have received the same.”
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The grant of 2250 acres of land in 1791 by the State of N. York to the heirs of Richd Livingston, was, strictly, a Military grant being in consideration of his services as a Lieut Colonel in the continental army, and in the line of that State 
The 1,000. acres of land granted to Richd Livingston, under an act of the Legislature of N. York, providing lands for Refugees from the Provinces of Canada & Nova Scotia cannot be considered a Military grant; as all persons who removed from said Provinces, pending the war of the Revolution, and prior to the year 1782, in consequence of their attachment to, or of their intention to aid the American cause, whether they engaged in the Military service of the U. States, or not, were entitled to lands according to the provisions of that act- 
Reference has been had to abstracts of reports, obtained at the Comptrollers Office in relation to the cases of Col. James Livingston, and Capt Abraham Livingston, both of whom were Canadian Refugees, and officers, who served to the close of the war in the Continental line of the Army. 
In regard to Col James Livingston, it appears that, he received Military bounty land from the U. States, and from the State of New York, Vizt. 500 acres from the former, and 3,000 from the latter -  as a Canadian Refugee, he received from the State of N. York, 1000 acres, and in the same character, received from the U. States, under the act of Congress of the 18th Feby 1801. the quantity of 1280 acres
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The testimony reported in the case of Col. Jas Livingston in support of his claim for Land from the U. States, as a Canadian Refugee, shows that, he was possessed of considerable property, and sustained great losses by reason of his attachment to, and joining the American cause - The account of losses he sustained, as exhibited and sworn to by himself before the Chief Justice of the State of N. York, show a total loss amounting to $10,400
In regard to Capt Abraham Livingston, it appears that he received lands from the same sources, and under the same laws, that the several grants of lands were made to Col. James Livingston enacted under the act of Congress of the 7th Apl 1798. The testimony filed in his case shows that, “Having been a resident of Canada and a Clerk to Mess. Oakes, &C. in the Indian, or Fur trade, until the said Province was invaded by the American Army in 1775 he then joined the said army and continued in service to the end of the War.”  In this case it does not appear that the individual made any sacrifices, or suffered any losses whatever. He received 1000 acres of land from the State of N. York as a Refugee, which quantity, it would appear, was considered as a full compensation to him as such; it not appearing that the provisions of the act of Congress relating to “Refugees" were ever extended to him 
The case of Col. James Livingston, is presented for the purpose of shewing that, Congress, in granting him lands by their act of 7 April 1798, were influenced by the consideration of the heavy losses he sustained by the abandonment, and
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consequent confiscation of his Property in the Province of Canada, in connection with his services in the American army as a Colonel, commanding a Regt to the close of the War – 
The case of Capt. Abm. Livingston, has been made the subject of reference, in order to show to show that, although he served as a Captain in the continental line of the army until the close of the War, yet, as he had recd military grants of land from the U. States, and from the State of N. York, and also a grant of 1000 acres of land from said State as a Canadian Refugee, and it not appearing that he had made sacrifices, or suffered losses, Congress refused to extend to him, the provisions of the act of the 7th April 1798. 
Nothing appears in the papers and evidence laid before the committee of Revolutionary Claims, or in the several reports of that committee, in the of Richd Livingston, heirs, indicating the quantity of land which had been granted to said heirs by the State of N. York, particularly, the land granted them in right of their Father, in his character of a Canadian Refugee. It is possible therefore, that the facts in relation to these grants, were not made a subject of inquiry by the Committee and were, perhaps, unknown to them -  Whether a knowledge of them would have produced any change in the views of that committee in regard to the rights of the claimants can only be conjectured at this time 

Bounty Land Office 
Feby 20th 1835