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Conceived in Liberty Companion · Volume IV, chapter 38 · 5 May 1777

Fire on any man who runs

In a hill farmyard, a bareheaded farmer stands alone with open hands before a line of militia aiming muskets from a rail fence, while ragged men behind him set their old guns on the ground.
Livingston Manor, New York, May 1777. Tenant farmers lay their homemade guns on the ground and offer to surrender, asking only for a promise that nobody will be punished. The landlords’ militia, ordered to fire upon every man who flees, keeps its muskets leveled on them. Rothbard tells how the tenants rose for the land and were crushed by their Whig landlords. Chapter 38 of Conceived in Liberty.

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Adapted from Murray N. Rothbard, Conceived in Liberty (Mises Institute, 2011), CC BY 3.0.

The story, from several sources

This account blends Rothbard’s chapter with the other sources listed below and has not yet been separated into Rothbard’s own account and the fuller story. Read Rothbard’s chapter 38 for his account.

Livingston Manor ran for 160,000 acres along the east bank of the Hudson, and its tenants wanted one thing from the war: the land they had cleared and farmed for years. Their landlords, the Livingstons, were leading Whigs, so the tenants became Tories, since only a British victory seemed to promise them ownership. The manor’s committee of safety, run by the Livingstons, drafted them into the militia to fight Burgoyne, and one tenant, Jury Wheeler, told the committee that if he went to the army the first man he would shoot was his captain. In May 1777 about 400 tenants of the manor and a hundred more men rose, armed with homemade and stolen guns. They had been told the British were near, which was false, and so they rose too early. Several hundred militiamen from outside, led by landlords John P. Livingston and Robert Van Rensselaer, were sent against them, with the order to fire on every man fleeing. On May 5 the tenants offered to surrender in exchange for a promise of no revenge. The offer was brusquely spurned. Six tenants were killed and perhaps a dozen put to death, and over 300 were scattered outside the manor, though most were freed after swearing loyalty to the Revolution. By autumn nearly seventy tenants had gone to join Burgoyne. Rothbard’s verdict is that they never won the land, but never again would they be treated like cattle.

Where the record differs from Rothbard

Errata notes. Rothbard’s text and his account above are left as he wrote them. Every erratum.

Conceived in Liberty, p. 1319
Rothbard says The tenants offered to surrender on May 5; outside militia “headed by landed oligarchs John P. Livingston and Robert Van Rensselaer” were brought in to suppress them, with orders to “fire upon every man fleeing”.
The evidence The New York Almanack (‘The Misnamed Columbia County Battle of Egremont’, from Maj. Esselestyn’s report) and Wikipedia (‘Manor of Livingston Regiment’) date four skirmishes to 2 and 3 May 1777 in the Taghkanic country and name Lt. Col. Stephen Hogeboom and Maj. Richard Esselestyn of the Claverack militia (with Egremont volunteers) as the commanders; neither Livingston nor Van Rensselaer appears there and no surrender on the 5th is mentioned. Rothbard’s source, Lynd’s 1964 article, was not opened, so the 5 May surrender is kept as his.
Source the sources named in the evidence column

Sources

  1. Murray N. Rothbard, Conceived in Liberty (Auburn, Ala.: Mises Institute, 2011 single-volume ed.), vol. IV, ch. 38, ‘Rebellion at Livingston Manor’, pp. 1318-1320. CC BY 3.0. Rothbard
  2. Staughton Lynd, ‘The Tenant Rising at Livingston Manor, May 1777’, New York Historical Society Quarterly (April 1964), pp. 163-77: Rothbard’s source for the chapter (p. 1320 note). Not opened; named here because the moment and the order to fire rest on it. Secondary source
  3. New York Almanack, ‘The Misnamed Columbia County Battle of Egremont’ (accessed 2026-10-02), via a fetch summary: four skirmishes on 2 and 3 May 1777 in the Taghkanic and Copake Lake country, led by Lt. Col. Stephen Hogeboom and Maj. Richard Esselestyn of the Claverack militia; sites at Jury Wheeler’s farm, Isaac Spoor’s house and George Weler’s house; 15 to 20 prisoners; Howetson and Viele hanged at Albany on 4 July 1777. Secondary source
  4. ‘Manor of Livingston Regiment’, Wikipedia (accessed 2026-10-02), via a fetch summary: Peter Livingston alerted the Claverack Committee of Safety to loyalist recruiting; the 9th Albany Regiment and Egremont, Massachusetts volunteers skirmished with the loyalists on 2 and 3 May; at least 20 prisoners were taken. Secondary source