I 01 CORNELL UNIVERSITY LIBRARY 3 1924 070 683 069 Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924070683069 BULLETIN OF THE UNiV^F^S'lTY "CTF WISCONSIN NO. ase History Series, Vol. 2, No. 1, pp. 1-290. THE HISTORY OF POLITICAL PARTIES IN THE PROVINCE OF NEW YORK, 1760-1776 BY CARL LOTUS BECKER Professor of History, University of Kansas A THESIS SUBMITTED FOR THE DBSGBBH OF DOCTOK OF PHILOSOPHY UNIVBRSrrY OF WISCONSIN 1907' MADISON, WISCONSIN April, 1909 PEICE 75 CENTS. BULLETIN OF THE UNIVERSITY OF WlSCONSIPj Entered as second-class matter June 10, 1898, at the post office at Madison, Wlsconsl under the Act of July 16, 1894 COMMITTEE OF PUBLICATION Walter M. Smith, Chairman WiLLARD G. Bleyer, Secretary Charles M. Gillett, Editor John R. Commons, Economics and Political Science Series William H. Lighty, University Extension Series William S. Marshall, Science Series Daniel W. Mead, Engineerine Series Julius E. Olson, General Series Edward T. O-^-zth, Philology and Literature Series William L. Westermann, History Series BULLETIN OF THE UNIVERSITY OF WISCONSIN NO. 288 History Scries, Vol. 2, No. 1, pp. 1-320. THE HISTORY OF POLITICAL PARTIES IN THE PROVINCE OF NEW YORK, 1760-1776 BT CARL LOTUS BECKER Professor of History, University of Kansas A THESIS SUBMITTED FOB THE DBGBBE OF DOCTOB OF PHILOSOPHY, UNtVERaiTT OP WISCONSIN 1907 MADISON, WISCONSIN Apbil, 1909 PREFACE Under the inspiration of one of Professor Turner's illuminat- ing suggestions, I began, wMle a graduate student at the Uni- versity of Wisconsin several years ago, to collect material for a history of the nominating convention in the United States. That great work remains still unpublished, having fined itself down to the modest essay which is now presented. Even so small a venture would have been still further delayed, or rendered im- possible altogether, but for the ready assistance that has been accorded at every turn. In this connection, it is a pleasure to mention the officers and assistants of the libraries where most of the material was collected: The Library of the Wisconsin Historical Society; the Library of the New York Historical Society; the Library of Columbia University; the Lenox Li- brary; the New York State Library at Albany. I owe much to the suggestions and criticisms of Professor Wilbur C. Abbott, formerly my colleague, now of Yale University, and of Pro- fessor Frank H. Hodder, my present colleague in the Univefsity of Kansas. But I owe most to the example of certain inspir- ing teachers : Frederick J. Turner, Charles H. Haskins, Victor Coffin, Herbert L. Osgood, John W. Burgess, James H. Robin- son. The editor of the Political Science Quarterly has kindly per- mitted me to use an article printed in that journal for March, 1903. With few changes, it appears as chapter V of this essay. The editor of the American Historical Review has very gener- ously accorded me a similar privilege with respect to articles which were printed in that journal for January and October, 1901, and October, 1903. Carl Beckbe. Lawrence, Kansas, February 3, 1909. [3] CONTENTS Page Chaptbk I. Provincial parties and party politics. 1700-1769... 5 Chaptbk II. The Stamp Act. Radicals and conservatives 23 Chapter III. The Economic crisis of 1768-1770: The more com- plete differentiation of radicals and conserva- tives * .' 53 Chapter IV. The tea episode 95 Chapter V. The election of delegates to the first Continental Congress 112 Chapter VI. The first Continental Congress 142 Chapter VII. The rise of the loyalist party and the committees of the association 158 Chapter VIII. Election of delegates to the second Continental Congress 174 Chapter IX. The first Provincial Congress: the revolutionary goTernment established 193 Chapter X. The second Provincial Congress: loyalist reaction 228 Chapter XI. Independence and the new state government 353 BlBLIOGRAPHT 277 Index 291 [4] THE HISTORY OF POLITICAL PARTIES IN THE PROVINCE OF NEW YORK, 1760-1776 CHAPTER I PROVINCIAL PARTIES AND PARTY POLITICS. 1700-1769 The Ajnerican Revolution was the result of two general move- ments; the contest for home-rule and independence, and the democratization of American politics and society. Of these movements, the latter was fundamental; it began before the contest for home-rule, and was not completed until after the achievement of independence. The history of revolutionary parties, if properly understood, must be regarded, therefore, from the broader, as well as from the narrower, point of view. And if we are so to regard it, a brief consideration of the gen- eral character of provincial polities is indispensable. Previous to 1765, the central fact in the political history of New York was the contest between the governors and the as- •sembly. The contest was doubtless inevitable, for the governor and the assembly represented different interests and opposing principles; the governor, including under this term aU officials receiving their appointments directly from the king, represented the English government,^ while the assembly, which had been virtually forced upon the proprietor, represented the colony.* Theoretically, doubtless, the interests of the colony were iden- »Poor, Ohartera, li 786. Magazine of American Sistory, 8i 315, 598. ^TJew York Col. Doc, 3i 317, 331. Ool. Laws of New York, 1: 109. For tlie establishment of representatlre machinery, see Col. Laws of New York, It 121, 122. New York Col. Doc, 13 1 575. Mem. Hist, of New York, 1: 408. Doo. But. 0} New York, 1« 748 ; 3; 700. Kutgera, Orange County, 32, 45. Smltb, Dutchees County, 48. Council Journal, 1981. [5] 6 BECKER NEW TOEK PARTIES, 1760-1776 tical with those of the English government; but in fact the as- sembly looked at the empire from the local point of view, while the English government looked at the colony from the broader imperial standpoint. To those who were shaping an imperial policy. New York occupied a position of peculiar importance. But the assembly was little interested in imperial policy; it was greatly interested in local needs. Protection for the moment, rather than security for the future, was its motto. Trading upon the necessities of the empire, it therefore used its position to exact tremendous concessions in the practice of local self- government. But the governor and the assembly not only represented dif- ferent constituencies; they also represented opposing principles. After 1688, it is true, colonial administration was gradually transferred from the king in council to Parliament acting through various administrative boards. It was a change, how- ever, which involved possibilities for the future rather than present achievement, for the governors received their instruc- tions from a ministry that was usually the master rather than the servant of Parliament. The forming administrative bureau- cracy which directed colonial affairs was in fact dominated by ideals of government that drew their inspiration from the mon- archical traditions of the past. The colonial assembly, on the other hand, while it did not rest upon manhood suffrage, did rest upon a suffrage that was uniform, and if in theory it rep- resented the popular will imperfectly, in fact it guarded the general interests with even an over-scrupulous care. Three questions stand out prominently as central issues in this long quarrel. The assembly early asserted, and rather successfully maintained, its claims to supremacy as a legislature. It appropriated to itself the title ' ' General Assembly, ' '= refused to allow the council to amend money bills,* controlled all ap- propriations,^ and attempted, though with indifferent success, to secure frequent elections.^ The assembly tried, throughout ' Col. Laws of New Torlc^ 1; ch. 1. * Assembly Journals, 184, 188. 'lUd., 1: 706. 'Col. Lams of New York, 2: ch. 650. New York Col. Doc, 6! 136 [6] PROVINCIAL PASTIES AND PARTY POLITICS, 1700-1769 7 the colonial period, to control the judiciary. Until the end of Bnrnet's administration, the issue was the power of the execu- tive to establish and control superior courts;' after Burnet's time, the issue shifted to the tenure and salary of judges, and the right of appeal to the king in council. Technically, the governors won every point, but, through an organized bar, the assembly was able in the end to control the judiciary effec- tively. * It was in the field of administration, however, that the assembly won its most signal success. It insisted successfully on an elective treasurer.^ Appropriations were limited, save in rare instances, to one year;^" and, beginning with Van Dam's administration,^^ money bills were made more and more specific, both as to the purposes for which and the agents by which the appropriations were to be expended.^^ Even salaries in the army were granted in some cases by individual appropriation.^' The constant and excessive use of specific appropriations went far towards reducing the administrative function of the gov- ernor to a mere form; Hunter, Clark, and Clinton all admitted that, unless the king took the colony in hand, it would be nec- essarjr to turn the whole business of government over to the assembly.^*' This all but continuous contest between governor and as- sembly was fundamental in determining the character of pro- vincial parties. It was a dispute that centered in divergent in- terpretations of the colonial governmental system; and in the presence of this vital question, questions of policy were forced into the background. Strictly speaking, therefore, there were no political parties; there were rather two centers of influence, ''Doc. Hist, of New Tork, 1: 147, 148. New York Col. Doc, 5: 295, 298, 359, 844, 848, 884. Asembly Journals, November 24, 1711 ; November 25, 1727 ; July 30. August 10, 1728. s Golden, Letter-Book, 1: 149, 150, 208, 231. New York Col. Doc, 7; 469, 470, 471, 479, 483, 500, 705, 706, 709, 762, 763, 773, 803, 814, 815. 'Col. Laws of New York, 1: nh. 159. "^o Assembly Journals, 1: 352, 354, 706. Col. Laws of New York, 1: ch. 280. " Col. Laws of New York, 1 : eh. 105. '^ Assembly Journals, 1: 352, 354, 7»4, 744, 792, 797, 800; 2: 61, 68, 86, 173, 181, 203, 243, 246, 247, 259. New York Col. Docs., G: 412, 456. Ool. Laws of Ne^JD York, 1: cli. 290; 3: chs. 675, 676, 741, 742, 743, 745, 764, 783, 793, 832, 847, 970. ^'' Col. Laws of Nt'W York, 3: ch. 847. ^*New York Col. Docs., 5: 356; 6: 150, 160, 598. [7] 8 BEOKEE NEW YORK PARTIES, 1760-1776 and the only division that was permanent was that between the men who at any time were attached to the governor's interest and the men who made use of the assembly to thwart that in- terest. Now, there was no constant factor operating to hold any group of men to the governor's interest. Not being thor- oughly identified with the colony, only while he was in a posi- tion to grant special favors or insure the continuance of those already granted, could the governor hold individuals or factions, and the so-called popular party was likewise not a permanent group, but a residuum, as it were, composed at any time of those who were without the sphere of executive influence. If political conditions determined the nature of party align- ment, party methods were equally determined by social and economic conditions. From this point of view, there may be distinguished three distinct classes, of which the most important was that small coterie of closely related families of wealth, com- monly kaown as the aristocracy.^' The early governors were instructed to attach to themselves, by grants of land and special privilege, men of ability through whose influence they might hope to control the colony.^^ And it was in no small degree the liberal land grants by the early governors that served in faet_^ establish the peculiar social conditions that characterized York in the eighteenth century. By the close of Combui administration, in any case, a very large part of the most valu- able land in the province was in the hands of a few families." In Richmond County, on Staten Island, there were few large estates in the English period, and the county was one of the least influential, politically, in the entire province." On Long Island, the estates of Remsen, Rapalje, NicoU, and Smith em- braced some two hundred square miles of the most valuable land in Kings, Queens, and Suffolk counties.^^ Livingston and Van »Klp, Olden Time, 14, 15. De Lancey, Origin and History of Manors, In Scharf, WestcJieater County, X: 130. Colden, Letter-Book, It 362, 363 459 468- 2: 68, 167, 168, 223, 224, 398, 399. ' "New York Col. Doe., 3: 331, 369, 685, 819; 4: 285. "Doc. Bist. of New York, li 749. " Clute, Staten Island, 16-19, 20, 44, 48, 58, 71. "Stile, Brooklyn, 1: 49, 55, 70, 78. Bayles, Suffolk, 197-199, 226, 228 229 New York Got Doe., 4: 1137. Valentine, Blst. of New York, 239. Maaasln'e of Am. Hist., 13: 1 ; 18: 361. "V"»too [S] PEOVINCTAL PARTIES AND PAKTY POLITICS, 1700-1769 9 Cortlandt, whose property was cMefly in Albany and "West- chester counties, also had small possessions in Kings County.'"' On Manhattan Island the most valuable estates were those of Stuyvesant, Bayard, Heathcoate, De Lancey, and De Peyster.^^ The counties of Ulster and Orange, west of the Hudson, were exploited by land companies early ia the century, but few of the large grants were permanent.^^ The county of "Westchester contained six manor-s, which together covered more than half of the entire county. Morrisania, Fordham, and Pelham, in the south, were comparatively small, but Scarsdale, belonging to Caleb Heathcoate, Cortlandt Manor, and Philipsburgh covered approximately four hundred square miles of the choicest land in the province.^ In Dutchess County, the Philipse family had a second estate, larger than the manor,^* which made that family second only to the Yan Rensselaers in landed possessions. Beekman and Schuyler had possessions in Dutchess County ,^° which also contained the Great or Lower Nine Partners patent.^* In Albany County lay the Livingston Manor^^ and the princely estate of "Van Kensselaer,^' together covering nearly a million acres on both sides of the Hudson. The Schuyler property was mainly in Albany County,^'' and the estate of Sir "William John- son, patented at a later date, was within the original bounds of Albany County.^" Closely associated with the land-owning fam- «> stile, Brooklyn, li 60, 72. ^Valentine, Manual, (1857), 498; (1861), 536; (1864), 563-623, 665. Val- entine, History of New York, 228, 233, 236, 242, 243, 379. Council Journal, 115. Doe. Hist, of mew York, 4i 1035 £f. Scharf, Westchester County, 1« 169. Mem. Hist, of New York, 2: 224, 225, 257. 2» Rutgers, Orange County, 22, 23, 26, 27, 28, 131, 353. » Scliarf , Westchester County, 1 1 91, 156, 157, 159, 160. New York Col. Doe., 2: 619; 3! 303: 6: 29, 56. Mem. Hist, of New York, 2i 2(16, 217. Valentine, Hist, of New York, 239, 243, 244. Smith, Hist, of New York, 179. Valentine, Mamual, (1864), 665. Schuyler, ColonAal New York, It 187. =* smith, Dutchess County, 43, 44. 2= Ibid. ^«Ihia., 43. "Schuyler, Colonial New York, 1: 286. Doc. Hitt. of New York, 3: 608-841. ^New York Col. Doc, 1: 383; 7: 911; 8: 383; 9: 1039. Schuyler, Colonial New York, 1: 208 flf. » Schuyler, ColonAal New York, 1: 99 ff. Tuckerman, PhiUp Bohuyler, 20. Campbell. Annals of Tryon County, App. 46 ff. =" Stone, Ufe of Sir William Johnson, Is the best life of Johnson. Of. also, New York Col. Doc, 7: 532. Campbell, Armals of Tryon County, 29. [9] 10 BECKER NEW YORK PARTIES, 1760-1776 ilies were the wealthy merchant families of New York, such as Van Dam, Cruger, Walton, Floyd, Rutgers, Ludlow, and Alsop." .The manorial estates were the homes of a numerous tenantry. Land was sub-let by tenures that served to establish relations of a quasi-feudal nature between the proprietor of the estate and its inhabitants. Freeholds were ordinarily granted for life, though sometimes in fee. Leaseholds were more common than freeholds, though there was apparently no sharp distinction be- tween the two sorts of grant. The manorial privileges included the right to hold courts— leet )and baron, (a privilege rarely used), sometimes the right of allowcbon, and in three eases the right of representation in the assembly."^ The tenant system was also common on the non-manorial estates,^^ and while the non-manorial proprietors were without some of the distinctive privileges of lords of manors, their wealth and the relations they sustained to their tenantry, gave them an influence that was fre- quently determinative in the county in which they lived. From the landed and commercial aristocracy, must be dis- tinguished the mass of the freemen and freehold electors. Free- men were those who had purchased the privilege of engaging in certain occupations within the corporations of Albany and New York, — wholesalers, retailers, and independent handcraftsmen. The fee for "freedomes" was 5£ in New York; in Albany, 3£, 12 sh. for merchants, and 36 sh. for artisans.'* The number of freemen was small; so late as 1790 there were only forty-five in Albany and ninety-three in New York,^^ an insignificant propor- tion of the total electorate of either c(^jmty. The electoral free- holders were those who possessed, free of incumbrance, an estate in fee, for life, or by courtesy, of the value of dOfi."^ In 1790 the »' Valentine, Manual (1865), 713; (1869), 845. Mem. HUt. of New York, 4« 522, 523, 524, 525. New York Col. Doo., 6: 153. Valentine, Hist, of Neio York, 234, 240. »" Scharf, Westchester County, 31 ff. Dawson, Westchester County, 1-4. ™ In 1753 there were "Upwards of 120 families" on the estate of Sir Wil- ' liam Johnson. New York Col. Doo., 7: 532. «ye«» York Hist. Soc. Coll. (1885), 48, 239, 240. The Charter of the City of Albany, 11, 12. ^New York Hist. Boo. Coll. (1885), 53-238. A census of the Electors and Inhabitants In the State of New York, 1790 ; Broadsides, 1. "Col. Laws of New York, 1: chs. 1, 74. Of. Dawson, Westchester County, 4, note 4. [10] PROVINCIAL PARTIES AND PARTY POLITICS, 1700-1769 11 proportion of electors to the total population was approximately 12 per cent., which, applied to the colonial period, would give a voting population of 2,168 in 1698, and 20^256 m 1771.=' These numbers are in fact too large,'* and, for, the present purpose, they must be still further reduced by deducting the freemen and the freeholders who were members of the aristocracy. In the early period the enfranchised freeholders were mainly out- side the manors, but later the manorial freeholders increased steadily; in 1775, Golden informed Dartmouth, the freeholders within the manors of Livingston and Rensselaerwick were suffi- cient to control the elections of Albany County.''^ The third class was made up by the unfranchised : freeholders whose estates were valued at less than 40£, or were encumbered, leasehold tenants, and those who labored for others — clerks, jour- neymen, day laborers, and "the shiftless, characterless class which encumbered the city of New York during the colonial period." This class was sometimes courteously designated as the "inhabitants," sometimes as the "mechanics," to distinguish it from the freeholders and the merchant freemen.*" It is per- haps safe to say that over half of the male population above the age of twenty-one years was without political privilege of any sort. In the early period, this class was hardly a factor in the political problem; in the revolutionary period the very absence of privilege became a matter of tremendous significance. As a result of the political and social conditions that have been here described, the aristocracy was able in large measure to con- trol provincial politics. Organization prevailed, not so much within the so-called parties, — the court party, and the popular party ; their personnel was too unstable for that, — as within the aristocracy as a social class. The leaders within this class stood, as it were, between the governor and the assembly, using either " A Census of the Electors . . . 1790 ; Broadsides, 1. Greenleafa New Tork Journal, January 27, 1791. ^Doo. Bist. of New Tork, 1: 689-697. ^New Tork Ool. Doc, 8: 565. "Tlie freeholders In the Manor of Livings- ton . are as numerous as those either of Kings County or Richmond. Their mllltla are upwards of 650 men." The Case of the Manor of LlvingstoP " Broadsides, 1. Of. Dawson, Westchester Oounty, 4, note 3. *» Dawson, Westchester County, 4, note 3. [11] 12 BECKEE NEW YOEK PAETIES, 1760-1776 as occasion demanded. When tlie governor was the real center of influence, with lands to grant or sinecures to offer, ambitious men with favors to ask turned to him and supported him. But with titles secure and position achieved, their dependence on the governor decreased; and in the later period the leaders of the aristocracy in increasipg numbers identified themselves with the assembly. Some families, such as the Philipse, it is true, remained loyal to the governors. On the other hand, Robert Livingston, after spending the best years of his life worming a great estate out of the government, entered the assembly and almost at once found himself at odds with the governor, his de- scendants becoming the most distinguished leaders of the pop- ular party.*^ Even De Lancey, who is best known as the leader of the court party, having secured a life-appointment to the chief -justiceship of the province, became the chief political en- emy of Clinton during the remainder of his administration.^^ For political purposes, the organization of the aristocracy rested upon the surviving feudal principle of the personal rela- tion: personal loyalty, rather than faith in a proposition^ was the key to political integrity. The principal means by which this personal bond was established, aside from the economic re- lation of tenant to proprietor, was the marriage relation. An effective political influence was established, not by securing con- trol of a "machine" within a party, but by inter-relating one's family with the aristocracy as advantageously as possible. "With- out wealth and powerful family connections, an "interest" could hardly be established, save in some rare circumstance where ex- ceptional ability was \mited with a unique situation, as in the case of Sir "William Johnson.*^ A man of ability and wealth, on the other hand, who extended his family connections judi- ciously, readily became a power in his community, if not in the province at large. The principal families of wealth, commercial and landed, have already been named ; they were precisely the families most prom- inent m political affairs previous to 1765. How closely they " Schuyler, Colonial New York, 1: 242-273. « Keys, Oac^allader Oolden, 133, 142. Neic York Ool. Doc, 6: 417, 673. " Of. Am. Eist. Review, 61 265 £E. [12] were related by marriage, it may be worth while to mention in some detail. The children of the first American Schuyler mar- ried with the families of Van Cortlandt, Van Rensselaer, Livings- ton, and Verplanek. The second generation of Schuylers mar^ ried with the Van Cortlandts, Van Rensselaers, Livingstons, Bayards and De Peysters.** The Van Rensselaers married prin- cipally with the families of Van Cortlandt, Schuyler, Nicoll, and Livingston.*" The Livingstons were connected with the families of Van Dam, Schuyler, Van Rensselaer, Beekman, Smith, and Ten Broeck.** The Philipse family married with the Van Cortlandt, Morris, and Robinson families.*'^ The first generation of Van Cortlandts was connected with the Schuylers, Philipses, and Van Rensselaers; later generations with the fam- ilies of De Peyster, Van Schaach, Bayard, De Lancey, Beekman, Van Rensselaer, and Schuyler.** The Floyds and Nicolls of Long Island were closely inter-related with the Van Rensse- laers.*^ Ajnong the relatives mentioned as present at the funeral of Abram De Peyster in 1767, are the names of Van Cortlandt, Beekman, Bancker, Rutger, Livingston, De Lancey, Van Home, Philipse, Schuyler, Stuyvesant, Jay, and Roosevelt."" Caleb Heathcoate, of Scarsdale and New York, was closely related to William Smith, James De Lancey, and Stephen Van Cortlandt."^ Golden, William Walton, Judge Thomas Jones, and the families of Beekman, Watts, Van Rensselaer, Verplanek, and Cruger, were related to De Lancey, as, less directly, were also the fam- ilies of Morris, Ludlow, Rutger, and Wilkins."^ It has been well said that "these families . . . directed the infant colony. They formed a coterie of their own, and gen- « Schuyler, Colonial New Yorh, 1: 185. Hmo York Marriages, 341, 342. "Schuyler, Colonial New York, 1: 208. New York Marriages, 425. "Schuyler, Colonial New York, 1: 286. New York Marriages, 235. "Schuyler, Colonial New York, 1: 187. New York Marriages, 1, 300. New York Col. Doc, 6: 56, note. Scharf, Westchester County, 1: 169. « Valentine, Bist. of New York, 243, 244. Schuyler, Colonial New York, It 187 ff. "Bayles, Suffolk County, 229. Valentine, Hist, of New York, 239. "Valentine, Manual (1861), 556; (1851), 556. New York Marriages, 108. » Valentine, MamuaX, (1864), 665. Doc. Hist, of New York, 4t 1035. » New York Marriages, 20, 94, 445. Doc. Hist, of New York, 4« 1035. Smith, Hist, of New York, a: 142, 143. Mem. Hist, of Wrto York, 2) 224, 225 ; 4: 522, 523. Scharf, Westchester County, 169. [13] 14 BECKBE NEW YORK PARTIES, 1760-1776. eration after generation married among themselves. "^^ Aside from the close inter-relation by marriage, the conditions which made it easy for them to control nominations and elections are not far to seek. The voting population was small, ranging froin about 2,000 in 1698 to 23,000 in 1790." A large proportion of the electorate resided within the manors and on the large estates, especially in the later period. It was said that in 1770 the free- holders in the manors of Livingston and Rensselaerwick were sufficient to control the elections of Albany Comity ;'° and in fact the Albany elections were largely determined by the Van Bensselaers, Schuylers and Livingstons, for it was taken as a matter of course that tenant voters would follow their land- lords."* In "Westchester County an even larger proportion of the electors were within the six manors,"^ and elections were power- fully influenced, if not determined, by Philipse, Cortlandt, and Morris. In other counties the economic and social relations of landlord and tenant were hardly so pronounced a feature of the situation, but the prestige of landed wealth and social position was everywhere sufficient to confer an excessive influence upon a few men."* The wide-spread indifference to political matters served also to strengthen the great land owners. Until the middle of the century, and until a much later date in the rural districts, the democratic ideal was without significance. The aristocratic flavor which everywhere permeated society prevented the com- mon man from taking the initiative, and even from expressing independence of judgment on political questions. To look up to one's superiors and follow their lead was quite the proper thing; " Kip, Olden Time, 14. "A Census of the Electors . . . 1790; Broadsides, 1. Oreenleaft Journal, January 27, 1791. Doc. Hist, of New York, 1: 689-697. »Wew York Col. Doc, St 565. Hugh Wallace to William Johnson, February 4, 1771 ; Johnson MSS., 20: 87. "Kip, Olden Time, 16-18. "In 1769 about five-sixths of the population of the county was within the «lx manors, and at least one-third within the two largest, Courtlandt and Philipg- burgh. Scharf, TVestchester County, li 91, 92. "In 1769, K. E. Livingston failed of election from Dutchess county "Owing to all the tenants of Beekman and R. G. Livingston voting against him" P B. Livingston to Philip Schuyler, February, 1769 ; Lossing, Life of Schupler, It [14] for the leaders it was largely a matter of maliiiig their position known/* In the country this indifference had a physical as well as a moral basis. The counties were large, traveling diffi- cult, and the infrequent elections, which often were not of strik- ing importance, were called whenever the governor saw fit, and sometimes at such short notice that the voting population such as it was could not be got to the polls.*" Finally, no secret ballot or Australian system safeguarded the independence of the voters. The elections were held at the county town, under the supervision of the sheriff. The candidates, who were usually present, were publicly announced, and a vote was taken by "show of hands." If this "view" did not clearly indicate the result, a poll was resorted to: each voter, under oath, registered his name and the locati'on of his freehold; by his vote he declared to the world in whose "interest" he stood.*^ While these conditions prevailed, machinery for the nomina- tion of candidates was rmnecessary. Candidates were, in the phrase of the time, "sett up" by private personal agreement among those leaders whose "interests" were likely to carry the election.'^ If candidates sometimes apparently set themselves up, it was doubtless only after having received the assurance of support from respectable interests. A common man who ven- tured to follow his own inclination, rather than the cue of a leader, was certainly doomed to failure, besides laying himself open to censure. In 1733, when Lewis Morris was set up for Westchester County, there appeared an opposition candidate by the name of Foster. When the polls were closed and Morris was declared elected, Foster wished him much joy, and very humbly said "he hoped the late judge would not think the worse of him for setting up against him, to which the judge re- '• Dawson, Westchester County, 1 ff. Clute, Staien Island, 82. Kip, Olden Time, 17, 18, 26. " "Ab to the present election It was appointed bo suddenly by the sheriff that it was Impossible to collect the votes of this extensive county, particularly as the roads are so bad and the rivers impassable." William Johnson to Dr. Auchmuty, January 25, 1769 ; Johnson MSS., 17: 51. ''Col. Laws oj Hew York, 1: 406. Scharf, WestcJiester County, li 110. Vete Torlc Journal, November 5, 1733. Bolton, WestcJiester County, li 136. " This point has been discussed in some detail In Am. Hist. Bevtmo, 6t 260 ff. [15] 16 BEOKER NEW YORK PARTIES, 1760-1776. plied, he believed he was put up against his inclinations, but that he was highly blameable. ""^ The question was not, what are the candidate's principles, but, whom is Colonel Philipse for? Generally speaking, these conditions prevailed throughout the colonial period, and at every election aristocratic methods of political management were in striking evidence. Yet one can perceive from an early date, particularly in connection with the city elections, the beginnings of new methods, essentially dem- ocratic, which were destined ultimately to transform politics altogether. These beginnings accompanied the rise of democratic ideals which tended to lessen the influence of the upper classes, and to give weight to the common man. These new ideals, so characteristic of the latter half of the eighteenth century, may doubtless be assigned to general causes jJujt in New York two more particular influences were at work.! In the first place, the colony was a part of the English frontier, and the conditions in- separable from a frontier community were levelling here as else- whe^ej The absence of a law of entail served in some cases to break up the great estates."* In any case, a certain democratic flavor always characterized the aristocracy inasmuch as it was based on wealth and not on birth. Inevitably the equality of op- portunity that put so high a premium upon ability and indus- try in economic life, could not but aid in breaking down distinc- tions which artificial conditions had established in social and po- litical life. The political situation contributed to the same end. It has been said that the constant struggle between governor and assembly was the result of the rising democratic spirit. At best this is but a half truth. Technically the assembly did not represent the people ; it represented a privileged class whose interests were in reality threatened by the spread of democratic notions. The assembly represented the people only in the sense that it pro- tected the whole colony against executive encroachments. This identity of interest concealed for g, time the latent hostility be- "New York Journal, November 5, 1733. "Schuyler, Colonial New York, 1: 187. New York Ool. Doc, 6: 29. [16] . PROVINCIAL PAETIES AND PARTY POLITICS, 1700-1769. 17 tween privileged and unprivileged within the colony. Legally the governor's authority was unassailable. In resisting that authority^ therefore, the assembly -^vas forced to seek its justifi- cation in arguments from natural right and general welfare. A local and an aristocratic assembly could not consistently op- pose monarchical and external authority by pleading the natural rights of a class or the general welfare of the few. The practi- cal result of the assembly's long contest with the governors was thus to foster the theory of political equality ; to give life to the notion that governments derived, or ought to derive, their author- ity from the consent of the governed. At a later time, when these notions began to yield their proper fruit in the demands of the unfranchised for political recognition, the land owners be- gan to draw back. For the present their attitude served only to encourage the very spirit which threatened their peculiar priv- ileges. "Whatever the cause may have been, the result of the rise of the new ideas was gradually to transform political organization. As men learned that they might have opinions of their own in such matters, some broadly generalized theory of political right, or governmental policy, or social change, rather than some pow- erful personality or traditional leader, was sure to claim their allegiance. The great families, the traditional leaders, found it necessary, therefore, particularly in the city, to modify their methods of political management. They found it increasingly necessary to win over their "interest" to every measure and to every ticket by force of reason, or what passed for reason. This modification, the beginning of which we are now to trace, took two directions, corresponding to the two chief characteris- tics of the old method : private and informal nominations of can- didates by the leaders gave way to nominations by public meet- ings of the rank and file; the personal relation, as a means of holding the voters in line, was replaced by appeals to the voters' intelligence or interest, in the form of public letters or resolu- tions setting forth the principles for which the candidate stood."^ " similar tendencies liave been observed in English politics in the late eighteenth century. Cf. Lecky, England in the Eighteenth Century, 3: 373. Stephens, English Thought in the Eighteenth Century, 1: eh. 8, sec. 2. 2 [17] 18 BECKER — NEW YOEK PARTIES, 1760-1776. The first step*"^ towards the public mass meeting for purposes of nomination, appears to have been the formal announcement of the candidate in the public prints. As early as February, 1739, the voters of the city of New York were informed that ' ' whereas a great number of the freeholders and freemen of the said city have agreed and resolved to choose the following per- sons to represent them : towit. . . . Your vote and interest are desired at the ensuing election, on Tuesday, the 13th March next. ' '^^ With little variation similar announcements were made at each succeeding election during the colonial period."^ Al- though these announcements seem to imply a meeting of the free- holders and freemen, they were at first doubtless the result of consultations among the leaders only. They are significant, how- ever, precisely because they show that the leaders were now finding it desirable to create the illusion of a. popular nomina- tion; it was coming about that great numbers constituted as good a political asset as great names. Inevitably, however, the hypothetical meeting back of the pub- lic announcement became a reality, the secret consultation of the- leaders broadened out until it became a meeting of the faction or the party. The exact stages in this transformation cannot be reproduced/^ but by 1769 the public mass-meeting for nom- inating purposes was an established fact. The election of that year was a conflict between the Livingston and the De Lancey factions, the former being supported by the lawyers and the Dis- « Popular meetings for naming delegates were sometimes held In the Dutch period. They do not represent the growth of settled methods of political action, however. Cf. New Yorli Col. Doc, 1: 390, 554 555; 2: 159 374 375 394 579, 680, 701, 702; 14: 109, 112, 218, 219. Records of New Amsterdam, G: 395 396. Ea^t Hampton Records, 1: 241; 3: 101, 103, 134, 135. Ricker, New Town, 27, 31, 52, £'3, 83, 103, 104, 107. Stiles. Brooklyn, 1: 108. Schoonmacher. Kingston, 44^ 45. «' New York Gazette, February 20-27, March 13-20, 1739. Valentine, Mmual. (1805), 744. New York Col. Doc, 5; 982. •^New York -Weekly Post Boy, October 17, 1743; June 24, 1745- December 21 1747. Valentine, Manual, (1865), 751, 779, 821, 823. New York Gazette Jan' uary 18, February 15, 1748; July 30, 1750; January 20, 1752; January 1 Decemoer 18, 1758. New York Mercury, December 23, 1758; February 15 22' 1768. Watts to Monckton, January 23, 1768; Chalmers' MSS., 3. Mass. Sist. "Sedgwick, Life of Livingston, 65. Jones, History of New York 1- 5 « Neio York Gasette, February 3, 17, 1752. ' • u, o. [18] PROVINCIAL, PARTIES AND PARTY POLITICS, 1700-1769. 19 senters, the latter by the church and the mercantile interest. The old members of the assembly from the city were James De Laiicey, James Jauneey, and Jacob Walton, of the De Lancey fac- tion, and Philip Livingston, of the Livingston or popular party. Livingston had tried to arrange a compromise by which each party should select two of the four candidates. To this proposal De Lancey was unwilling to accede, but he was ready to accept Livingston as a candidate with himself, Jauneey and "Walton. Wednesday, January 4, public meetings of both factions were as- sembled, each of which sent a messenger to Livingston inviting him to stand. He replied that he "could not join with either party." Upon receiving this answer, the De Lancey meeting, which was assembled at the Exchange, proceeded to nominate De Lancey, Walton, and Jauneey, and in the next number of the Mercury a card appeared, signed by these three, thanking the freeholders for "The generous approbation you have shown of our past conduct by nominating your late members," and in- forming them that, Mr. Livingston having declined serving, ' ' Mr. John Cruger . . . has been prevailed upon to join us at the earnest solicitation of a gTeat number of the inhabitants." Meanwhile, on January 5, a second meeting of the popular party was assembled. John Morin Scott was chosen chairman and it was unanimously agreed to support Philip and Peter V. B. Liv- ingston, John Morin Scott, and Theodore Van Wyck. The usual card, announcing the ticket and soliciting the vote and "interest" of the electors, appeared in the next number of the Mercury.''" The rise of the formal public meeting for nominations repre- sents one phase of the transformation of the old method of po- litical control. The second phase centers in the effort to for- . mulate in published documents the principles or the policies, for which the nominated candidate stands. In the measure that the personal relation could no longer be relied upon for holding the party in line or for insuring the loyalty of the candidate to the interests of the voters, it was natural that common opinions ™Jfeio York Mercury, January 9, 1769. Sedgwick, Life of lAvingston, 146,. 147. John Wetherhead to William Johnson, January 9, 1769 ; Johnson MSS.,. 25; 125. Lossing, lAfe o1 Schayler, Is 236. Cf. Johnson MSS., 17: 34, 40,. [19] 20 BECKER — NEW YORK PARTIES, 1760-1776. on the part of the electors should be sought for attaining the first, and a tacit or explicit pledge by the candidate for the second. Of letters and broadsides addressed primarily to the voter, ■with the object of defining the issues for him, there are many examples, beginning with 1748.'' But the most striking in- jstanees are connected with the elections of 1768 and 1769. In the former election, the candidacy of John Morin Scott was bit- terly opposed by the merchants, and a series of broadsides was issued'^ which clearly indicate the new methods for effecting party alignments. "The sincere friends of Trade and Pros- perity of the City of New York," so runs one of these sheets, •"present their good wishes to the respectable tradesmen and other electors; and hope they will join Heart and Hand to hin- der a lawyer being chosen to represent this commercial city." Eather more pointed was the following: "Jack Bowline and Tom Hatchway send their service (damn compliments) to the freeholders and freemen, and beg they would in order to try how the land lies, take an observation, and they will find: 1st, that the good people are supported by trade and the merchants ; 2nd, that the lawyers are supported by the people."^" The two other issues of these elections — the religions quarrel, and the supplying of the British troops — elicited rather more serious dis- cussions, in which both sides were set forth with much clear- ness.'* In both elections the voters were as fully informed of the position of the opposing candidate as modern voters are through the party platforms. From addresses directed primarily to the voter, may readily "be distinguished others directed primarily to the candidates; and as the object of the former was to bind the voter to the candidate, "A Word in Season, September 26, 17.36; Broadsiaes, 1. Mechanic to the Worthy Inhabitants of New Yorlt ; Ibid. A Plain Answer . August 21, 1750; ma. Neio Yorls, Gaxette, .January 18, 25, 1748; February 24, I752! New York Mercuri/. February 17, November 17, 175.^. .Tones, ffi.st. of New York. 1: 6. Sedgwicic, Life of Uvingston, 104. Valentine, Mnnnnl (1866), 703, '2 Mostly published by Holt. The excellent collection in the Lenox Library has been summarized in BuUcliu of the New York Piihlic Lihrani S: No 1 nn ' 23-33. ■ ' ■ ' "^' ■"•Lenoa: Broadsides, 23, 24. Lealje, Life of John Lamb, 41. " Lenox Broadsides, 24-26. [20] PROVINCIAL PARTIES AND PARTY POLITICS, 1700-17G9 31 the object of the latter was to bind the candidate to the voter. Expressions of satisfaction for past services appear as early as- 1734,'" and it was a simple transition to indicate what conduct would prove satisfactory in the future. The early documents; were generally expressions of individual opinion, but when the public mass-meeting came into use for nomination, the formula- tion of precise instructions by the whole constituency, or what. passed for the whole constituency, became a common practice. During the stamp act troubles an effort was made to instruct the city representatives,'" and in 1769 and 1770, instructions were formulated at public meetings with respect to three par- ticular measures which were then occupying the assembly .''' Such proceedings were already regarded as altogether proper, and the representatives themselves, on one occasion, replied that they were always ready to give careful attention to "constitu- tional instructions from a majority of their constituents. "'' From this discussion of provincial politics it should be quite- clear that the two main tendencies which produced the revolu- tion were already well defined when Grenville began his experi- ments in colonial administration. The so-ealled contest for home- rule was primarily a continuation of the long contest between governor and assembly. The governor's quarrel was taken up, as it were, by the ministry and Parliament ; while the assembly was supported more unanimously than ever, so far as the main point was concerned, by the colony. But the assembly could not deal so effectively with parliamentary measures as it had dealt with the measures of the governor. The governor was dependent on the assembly for legislation, but a law of Parlia- ment could be resisted effectively only by the refusal of the whole colony to recognize it. It thus happened that the assembly was earl.y replaced by extra-legal committees and congresses as the chief institutional means for maintaining colonial rights. ^^New York Journal, October 7, 1734. '"New York Gacette, November 28, 1765. New York Mercury, December 2, 1765. ''^Broadsides, 1. NeioYork Mercuru, April 17, .Tune 5, December 18,25, 1769;. January 8, 1770. Lenox Broadsides, 27. Doc. HiKt. of New York, 3: 528, 534.- 535. ^'New York Mercury, January 22. 1770. [21] 22 BECKER — NEW YORK PARTIES, 1760-1776. Kow the establishment of this extra-legal maehinerv was the open door through which the common freeholder and the un- franchised mechanic and artisan pushed their way into the polit- ical arena. But their presence there, their violent and irrespon- sible methods of procedure, were altogether unwelcome to the land-owning and merchant aristocracy. The stamp act riots at once revealed the latent opposition of motives and interests be- tween the privileged and the unprivileged, — an opposition which the war itself only half suppressed, and which was destined to reappear in the rivalry of Federalist and Republican. From 1765 to 1776, therefore, two questions, about equally prom- inent, determined party history. The first was whether essential colonial rights should be maintained; the second was by whom and by what methods they should be maintained. The first was the question of home rule; the second was the question, if •we may so put it, of who should rule at home. [22] THE STAMP-ACT. RADICALS AND CONSEEVATIVES. 23 CHAPTER II THE STAMP-ACT. RADICALS AND CONSERVATIVES After the conclusion of the French wars, the way was open for » more careful attention to colonial affairs; the extension of colonial territory made such a step necessary, while the settle- ment of European affairs by the Peace of Paris made it possible. The enforcement of the trade acts first engaged the attention of the government. Aside from the violation of the molasses act of 1733, which was virtually countenanced by the authorities, illegal trade had been a subject of very little complaint since about 1720, but during the Seven Years' War there developed an extensive contraband trade with Holland, and with the French, either directly by means of flags of truce, or through the neutral islands, particularly St. Eustatia.^ Even before the war was over an effort had been made to meet these conditions, writs of assistance being issued to facilitate the work of the cus- toms officials, and when Grenville became prime minister in 1763 there was a general overhauling of the customs service — • among other things the establishment of naval officers at the principal ports to encourage "fair trade by the prevention of smuggling."^ The merchants of New York were mainly well satisfied with these measures, it may be supposed, since they lAs early as 1752 Clinton complained of the extensive trade with Holland In tea and gunpowder. New York Col. Doc, 6: T65. Cf. Hardy to the Lords of Trade, July 10, June 14, 1757 ; iMd., 7: 271, 226. Colden to the Lords of Trade, December 7, 1763 ; ibid., 584. Annual Register', 1705, p. 20. For the importance •of St. Eustatia in Rerolution, cf.. Am. Hist. Rev., Ss 683. fAnrmal Register, 1765, pp. 18, 22, Colvllle to Governor Hopkins, October 22, 1763; Arnold, RTioOe Island, 3: 246. As early as 1757 De Lancey had suggested "a small nimble sailing vessel to cruise from Sandy Hook and oft of Block Island and down the sound." New York Col. Doc, 7: 273. Cf. Hol- land to Grenville, October 14, 1764; Grenville Papers, 2: 247. [23] 24 BECKER — NEW YORK PARTIES, 1760-1776. had already complained of the lax inspection that prevailed in New England ports and to the southward.^ Probahly, there- fore, the measures of Grenville for suppressing illicit commerce would have been successful had they not been part of a more general scheme of colonial control. For Grenville proposed to establish part of the British army in the colonies and to raise a revenue from them for supporting it. The first measure for raising a revenue was the sugar act of 1764, which was a revision of the earlier act of 1733. The act of 1733 laid a duty of 9d per gallon on rum, 6d per gallon on syrups and molasses, and 5 sh. per cwt. on sugar (except sugar from the dominions of Spain and Portugal) imported from American plantations not British into the British colonies.* These duties were not intended to raise a revenue, but to regu- late commerce simply. As the law had never been enforced, it had served neither purpose. But the sugar act of 1764. as the preamble asserted, was expected to accomplish both ends. Cer- tain new duties were laid on indigo, coffee^ wine, and silks; the duty on molasses was reduced to 3d; the importation of rum was prohibited. Very stringent measures were taken for the enforcement of the new law, among other things the extension of the admiralty jurisdiction to cases arising under it. The revenue was to be paid into the Exchequer to be devoted to the defense of the colonies. Both duties and forfeitures arising under this law, as well as under the law of 1674, were required' to be paid in silver, a provision which, often unnoticed, had practical con- sequences of the highest importance.^ While several laws were passed at the same time for encour- aging, colonial trade in other directions,^ New England com- plained loudly that the sugar act would destroy the commerce of the colonies.'^ The assertion was certainly an exaggeration, to = Golden to the Lords of Trade, December 7, 1763 ; New York Col. Doc, 7: 584, 585. "6 Georffe III., ch. 1.3. M Oeorge III., ch. 15. For revenue laws prior to 1764, Of. Pol. So Qu. 22: 20 ff. ' Annual Register, 1765, p. 23. 'Tyler, American Revolution, 1: 55. Weeden, Econ. Hist. Neio Bng., 2: 753. [24] THE STAMP-ACT. RADICALS AND CONSERVATIVES. 25 say the least, for in fact colonia] commerce fell off but little dur- ing the following years.* But the policy of Grenville at least re- quired a considerable readjustment of trade relations — an ad- justment no less necessary for New York than for New England. The prohibition of the importation of rum, for instance, and the heavy duty on sugar, eliminated two of the principal commod- ities which the New York merchants received in exchange for their flour, ^vhile the 3d duty on molasses was claimed to be still prohibitive — a claim largely justified by the subsequent reduc- tion of the duty to one penny." Nevertheless, but little com- plaint was heard in New York, or at least whatever complaint existed was soon merged in the far more general opposition to the second measure of G-renville — the stamp act. That the gov- ernment was contemplating the passage of a stamp act, had been known for some time. The colonial agents protested, but when Grenville assembled them for consultation they could sug- gest no other practicable scheme, and in February, 1765, the measure became a law.^" The stamp act required that stamped paper be used for prac- tically all legal documents and customs papers, for appointments to all offices carrying a salary of 20£, save military and judicial offices, for all grants of privilege and franchises made by the colonial government, for licenses to retail liquors, for all pam- phlets, advertisements, hand bills, newspapers, almanacs, and calendars, for packages containing playing cards and dice. The paper was to be printed by the government, and sold by officers appointed for that purpose. As in the sugar act, no money save silver could be accepted ; and further to safeguard this clause in both acts, a law had already been passed in 1764 providing for the abolition of bills of credit as legal tender in the colonies.^^ It was estimated that the tax would net the government 60,000£. yearly — a tax which, divided among a population of over a mil- 'AJmon, Bemem'brancer, 1: 117. Anderson, Annals of Commerce, 4: 42, 43, 59, 82, 104, 115, 126, 1.34, 142, 154|. 162, 170. » Annual Register, 1765, p. 22. 6 G-eorge III., ch. 52. '°'5 George III., eh. 12. Rumors of the stamp tax were current as early as 1763. Cf. Lott to Monckton, October 13, 1763 ; Chalmers' MSS., 4. For the authorship of the stamp-act, see GrenrWc Papers, 2: 373, note; 374, note. " 4 George III., ch. 34. [25] 26 BECKER — NEW YORK PARTIES, 1760-1776. lion, was thought to be not excessive,^= nor unreasonable, indeed, inasmuch as it was to be devoted to the defense of the colonies themselves. The violent opposition which presently developed was never- theless directed towards the stamp act primarily, although it must not be forgotten that the stamp act came as a sequel to the sugar act and the currency act of the preceding year. The wordy orators, of the popular party particularly, denounced the new tax as unconstitutional, and historians have too fre- quently, following their lead, neglected other phases of the question. The more important ground of opposition to Gren- ville's policy was economic rather than political. The new tax was not excessive, but in two respects it was with some justice re- garded as a serious burden; it would frequently be inconvenient to secure a proper supply of the required paper, especially in the interior of the colony, and more especially it would prove a seri- ous drain on the supply of silver which had never been more than barely sufficient to pay the English balances, ^^ and was less so than ever now that the sugar act dues were to come out of it, and paper money shortly to be abolished. This difficulty was pointed out at the time, but it did not in fact become a seri- ous problem for some years — ^not until the paper currency was actually retired in November, 1768. The further treatment of the sugar act and the currency act will therefore be reserved for a later chapter, in their proper connection with the mutiny act. The present chapter will deal only with the stamp act. The election of 1761 had placed the assembly in the control of the popular party, of which the Livingstons, William Smith, and John Morin Scott were the leaders. Naturally, therefore, the opposition to the commercial and financial policy of &ren- viHe was at first directed by the assembly, as opposition to the governors had always been. October 18, 1764, after the sugar act and the currency act had been passed, and the stamp act was all but assured, the committee consisting of the representatives from New York County, which had been appointed to correspond 12 Part Hist, 16: 183. " Of. New York Col. Doc, 5: 685, 738 ; 6: 116, 179. [26] THE STAMP-ACT. RADICALS AND CONSERVATIVES. 27 ■with the colony's agent in England, was authorized to he "also .a committee during the recess of the house, to correspond with •several Assemblies, or committees of Assemblies, on the contin- •ent, on the subject-matter of the act, commonly called the Stamp- Act, of the act restraining paper bills of credit in the colonies, from being legal tender, and of the several other acts of Parlia- ment lately passed, with relation to the trade of the northern -colonies: and also on the subject of the impending dangers, which threaten the colonies, of being taxed by laws to be passed in Great Britain."" After the passage of the stamp act in the following winter, the assembly still directed the opposition; it approved of the suggestion of Massachusetts for a continental congress,^^ and left the appo.ntment of delegates to the commit- tee of correspondence.^" When the congress finally assembled in New York, October 7, 1765, the committee itself, consisting •of John Cruger, Philip Livingston, E. R. Livingston, William Bayard and Leonard Lispenard was admitted as the New York delegation.^' The resolutions drawn up by congress asserted in moderate and conciliatory language: (1) That the stamp act was unconstitutional inasmuch as the colonies could be legally taxed only by their own representatives; (2) That the payment of the various duties laid by the new laws was, "from the scar- city of specie . . . absolutely impracticable," and would "render them unable to purchase the manufactures of Great Britain,"^* resolutions which, although the New York delegates felt they were not authorized to s.gn them, were afterwards confirmed by the assembly. With the adjournment of the congress, October 25, 1765,^* the work of the assembly, as a leader of the opposition, was for the time being finished ; it had used the means open to it ; there was nothing to be done but wait for the reply of the home gov- ^*Ass. Journals, 780. Niles, Princ. of the Rev., 159. Dawsan, Wesrtohester County, 60, 61. '"Colden to Con-n-ay, September 28, 1763; Colden, Letter-Bool:, 3: 35. " New York ilacary, October 14, 176.5. Niles, Princ. of the Rev. 15S. "New Tork Mercury, October 14, 176.j. " Niles, Princ. of the Rev., le.'?. " New York letter, November 8, 1765 ; Adolphus, England, 1 : 598. Cf. fragment, dated October 26, 1765 ; Chalmers' MSS., 3. [27] 28 BECKER NEW YORK PARTIES, 1760-1776. emment. But long before any reply could reach the colonyr even assuming that it would be a favorable one, the stamp act would be in operation. The only alternative to submission was- to find some other method of resistance, more immediately ef- fective than mere official protest. The issue had in fact so shifted that the assembly alone could no longer meet it success- fully: a governor it could quite effectively thwart, because a governor was dependent upon it for legislation; but it had no similar hold on Parliament. Direct Parliamentary legislation like the stamp act could be successfully resisted only by th& refusal of the whole colony to give effect to it. The way was thus opened for the establishment of extra-legal organizations to direct popular activity, and for the entrance of the unfranchised classes into the political arena as the main stay of such organiza- tions.^" It was the entrance of this class into the contest, and the measures which it or its leaders proposed to carry out in that contest, that created the first broad distinction between radicals and conservatives. The distinction was not, however, at once apparent. All classes alike were opposed to the distribution of the stamps ; and conservative land owners and merchants saw little harm in popular demonstrations if they coidd be kept within control and directed to proper ends.^^ Even before the Stamp-Act Congress, there had been some stirring broadsides, and during July and August popular excitement had steadily increased.^^ The first =»Deane to Root, May 20, 1785; Deane Papers, 4: 349, 350. '^ "The very men who have now fallen into sxich a pleasant dream of loyalty and obedience, in the time of the Stamp-Act were most of them 'patriots of distinguished note,' " etc. 4 Am. Arch., 3: 1735. =2 "The new tax gives the highest disgust . the duties are thought to be beyond all reasonable bounds." (ITie Sugar Act is doubtless meant.) Smith to Monckton, May 30, 1765; Chalmers' MSS., 4. August 31, James McEvers resigned as stamp distributor. Golden, Letter-Book, 2: 27. "You will think the parties are mad. Holt particularly, who has been cautioned over and over agam and could have been prosecuted, but people's minds are so mflamed about the Stamp-Act, it would only be exposing government to attempt it" Watts to Monckton, September 24, 1765; Chalmers' MSS., 3. Of Colden Letter- Book, 2: 44. The question of appeals from colonial courts to the' king In council contributed also to the popular excitement. IMd., 89. Hist MSS Com Rep^ xi., Pt. 5, pp. 331, 332. Smith to Monckton, November 8, 1765 ; Chalmers* [28] THE STAMP-ACT. RADICALS AND CONSERVATIVES. 29 step-"' towards active resistance to the stamp act appears, nevertheless, to have been taken October 17, five days before the stamps were expected. On that day there appeared a notice in the Gazelle calling a meeting of the "friends of liberty and the English constitution," in order to form "an association of all who are not already slaves, in opposition to all attempts to make them such."-'' The notice (which was not signed, nor was any date apparently set for the meeting) was one wh.ch at the mo- ment expressed the quite general sentiment. The expected ar- rival of the stamped paper and more especially the action of the lieutenant-governor in preparing the fort to receive it,^^ had aroused a feeling of resentment that was as indiscviminating as it was intense.^" All classes for the moment were at one; merchants, we are told, "will send for no more Br.tish manu- factiires, shop keepers will buy none, gentlemen will wear none."-' When Captain Davis' ship presently arrived, Tues- day, October 22, the situation was critical. By the direction of Golden, the frigate had been stationed just outside the Narrows, and the ship bearing the stamps was brought to anchor under the guns of the fort. The council was shortly summoned, three only out of seven attending. After much argument Golden was advised to hire a sloop to remove the goods from the ship so that the stamps could be got at. No sloop, however, could be hired, and the king's ship. Garland, had to be used for that purpose, seven pael;ages of stamped paper being in this fashion presently deposited in the fort.-* To 1he landing of the stamps no resis- tance was made, but on the night of the 23rd some notices were posted about the city, signed Vox Populi, "bidding the persons -who first used stamped paper to take care of Home, Person, and '^ Golden asserts that a secret oorre.'spondence liad been canSed on throii<;hout the colonies, the object of which was to prevent by force the distribution of the stamps. Colden to Conway. September 2". 176>-> : CoUlcn, Lettn- Book, '-: ".'.. I have come across no evidence in support of this. ''■New York Gazette, October 17, 1765. =5 Colden. Letter-Book, 2: 44. " K. R. Livingston to General Monckton, November 8, 1765 ; Chalmers' MSS., 4. Printed in Mass. Hist. Soc. Coll., Ser. IV., 10: 559. A long and detailed account of the stamp act riots of November 1st to .'ith. The letter is unsigned, but Is in the hand of Livingston. " Livingston to Monckton. November 8, 17115 ; Chalmers' MSS'., 4. ^Colden, Lclter-Book. 2: 47, .")4, 55. [29] 30 BECKEE NEW YORK PARTIES, 1760-1776. effects,"'-" and as the 1st of Xovember approached — the day set for the distr.bution of the stamps— still more formidable threats- continued to be thrown out in the same manner. If there were individual men of property who were already beginning to look with distrust upon the growing indignation of the mob, no step was yet taken to check it. The merchants,, as a class at least, were prepared to encourage the rising opposi- tion. October 31, a meet'.ng of merchants and others was held at George Burn's tavern, where the first non-importation associa- tion was formed. It was resolved neither to import any more English goods, nor to sell any on commission after January 1, 1766, until the stamp act was repealed. About two hTindred merchants, it was said, subscribed to these resolutions, which were strengthened hy a separate agreement of the retailer's not to "buy any goods, wares, or merchandise of any person or per- sons whatsoever," shipped after the new year.'" It is also- stated,^^ though no authority has been found for it, that a com- mittee of five was appointed to correspond with the merchants, in other colonies. Although the meeting separated peaceably, some boys and sailors, who had been attracted to the tavern by the rumor that "there was a design to execute some foolish- ceremony of burying liberty," paraded the streets in a- "Mobish" manner, whistling, breaking a "few glass win- dows,"'^ and threatening "particulars that they would the next " Livingston to Monekton, November 8, 1765 ; Chalmers' MSS. 4. Golden,. Letter-Bool;, 2: 47. New York Cnl. Doc, 7: 770. ^Xeio York Gazette, November 7. 176.'5. Dawson, The Park and its Vicinity, 9, 10. Montressor Journals, 336. Mag. of Am. Hist., 1; 369, 370. The agree- ment appears to have been kept pretty well — partly because, there being no- stamps to be had, vessels could not legally sail any vcay. Imports from England to New York in 1764 were approximately 515,416£; in 1765, 382,349£ ; In 1766. 330,829 £. The fallln-g o£E in Pennsylvania. MaryLind, and Virginia was about the same ; in New England it was very slight ; in the CarolinaB- imports increased sUghtly in 1765 ; in Georgia there was an increase from 18, 338.£ in 1764 to 67,268£ in 1765, Almon, Remembrancer, 1: 117. Dawson, Sonis of Liherty, 87. note 2. The New York agreement was entered into by forty-eight merchants at Albany, Neiv York Mercury, January 27, 1766, s» Leake, Life of Lamb, 14, 15, Dawson, Westcliester County, 84. Neither Livingston nor the Cfasette mentions the appointment of a committee. Cf. Mem. HtH. of A'eto York, 3: R67, note. ^ Livingston to Monekton, November 8, 1765 ; Chalmers' MSS., 4. [30] THE STAMP-ACT. RADICALS AND CONSEEVATIVES. 31 night pull clovrn their houses.'"^ The next night a much more formidable mob did in fact parade the streets, proceeding, in spite oi the effort of the mayor and council to disperse it,^* to the fort, where the lieutenant-governor, who had during the day- added to h.s unpopularity by ordering the marines to the fort,"^ was hanged in effigj'. Stones and bricks were thrown against the barred doors, and with every accompaniment of insult the soldiers were called upon to fire. Receiving no reply, the gal- lows, ef&gy, and the chariot of the governor, were transported to the Bowling Green and there burned in a fire kindled with boards from the fort inclosure. After sacking the house of Major James, who had threatened to cram the stamps down the people's throats, the mob ended its debauch by rifling some baudy houses. ^^ This sort of thing brought men of property to a realization of the consequences of stirring up the mob. A little rioting was well enough, so long as it was directed to the one end of bringing the English government to terms. But when the de- struction of property began to be relished for its own sake by those who had no property, and the cry of liberty came loudest from those who were without political privilege, it was time to call a halt. These men might not cease their shouting when purely British restrictions were removed. The ruling classes were in fact beginning to see that "liberty and no taxation" ^ "31st Oct., 1765. Several people in mourning for the near issue of tli» ^amps and the interment of their liberty. Descended even to the Baggammon boxes at the Merchant's Coffee-House being covered with black, and the dice in crape. This night a mob in three squads went through the streets crying "Liberty," at the same time breaking the lamps and threatening particulars," etc. Montressor Journals, 336. ^ "On the night of the first of November, there passed through the streets a mob, the most formidable imaginable. The mayor and aldermen had met at the city hall in order to prevent anything of the sort, and at its com- mencement endeavored to prevent it with their constables and threw down the effigy they were carrying, but the persons attending ordered it to be taken up again in the most magisterial manner, and told the mayor, etc., they would not hurt them, provided they stood out of their way." Livingston to Monckton, November 8, 1765 ; Chalmers' MSS., 4. «> Golden, Letter-Book, 2: 52. "The lieutenant governor's loss was estimated at 195£ 3 sh. Golden, Letter- Book, 54. Livingston to Monckton, November 8, 1765 ; Ghalmera' MSS., 4. Montressor Journals, 337. [31] 32 BECKEE — ^NEW YORK PARTIES, 1760-1776. was an argument that might be used against themselves as well as against the home government. The doctrine of self-govern^ ment, which for so many years they had used to justify resist- ance to the colonial governors, was a two-edged sword that cut into the foundations of class privilege within the colony as well as into the foundations of royal authority without. Dimly at ■first, but with growing clearness, the privileged classes were be- ginning to perceive the most difficult problem which the Revolu- tion was to present to them : the problem of maintaining their privileges against royal encroachment from above without losing them by popular encroachments from below. It was this dilemma that gave life and character to the conservative faction. — 1 The beginning of the conservative reaction may be said to date from November 2, 1765, the day following the burning of the governor's effigy. In the morning of that day it was pub- licly reported that the people, far from being satisfied with the violence of the preceding night, were determined to attack the fort and destroy the stamps.^'^ "Whereupon R. R. Livingston, who up to this time had been convinced that "nothing could be done by going out, ' ' went to Mayor Cruger and offered his ser- vices in suppressing the project. Meanwhile, Golden, who had lost all hope of distributing the stamps, agreed to place them on T)oard the man of war. Pleased with these concessions, Livings- ton, Duane, and other influential men, assisted by the captains of some vessels (sailors were prominent in the mob element) de- termined to make a serious effort to keep the peace. They "went into every part of the town, spoke to many persons . . . and every now and then had hints of the intended design." After a time seven or eight men were seen to assemble opposite the Fields with torches in their hands, being soon surrounded by a "strange sett" from all quarters. With the greatest diffi- culty Livingston and his associates succeeded in disbanding a part of the crowd; and when a declaration finally came from a.'so'"^? T", rf n*" ''°"''" tl^«^t»t"g Ills life. Golden, Letter-Book. ■£: 80. New York Col. Doc, 7: 774. [32] THE STAMP-ACT. RADICALS AND CONSERVATIVES. 33 the governor to the effect that he "would not meddle with the stamps at all," the rest also dispersed. '^^ The project of taking tho stamps was, nevertheless, not aban- doned. The next day, Sunday, November 3, a notice was posted at the Coffee House, signed Sons of Neptune, urging the people to disregard the advice of the "peaceable orators" of Saturday night, and fixing the time for assaulting the fort on Tuesday, November 5. The conservative leaders were now thoroughly alarmed. They called a meeting of the citizens at the Coffee House on Monday morning, where many attended, but few had courage to speak out, being afraid of the "secret party" whose strength none could know. Livingston, nevertheless, made a speech picturing the horrors of "mob government," and setting forth the necessity of suppressing the design of the mob, which threatened to plunge the city into civil war. The governor now made another concession. He invite'd Livingston, Cruger and some others to the fort and to them declared that he would not suffer the stamps to be delivered.'" A broadside was accordingly issued stating that "The governor acquainted Judge Livingston, the mayor, Mr. Beverly Eobinson, and j\Ir. John Stevens this morning, being Monday the 4th of November, that he would not issue nor suffer to be issued any of the stamps now in Port George." This statement was signed by the four names men- tioned, and there was added the rather ambiguous assertion that "the freeman, the freeholders, and inhabitants of the city . . . are determined to keep the peace of the city, at all events, except they should have other cause of complaint."*" Still the "people" were not satisfied, and a counter broadside was issued calling the citizens to meet in the Fields on Tuesday, November 5, at 5 o'clock, and to come armed.*^ Tuesday morning the common council met, and in a written document, which was conveyed to the governor at 4 o'clock by the mayor and aldermen in person, 38 Livingston to Monckton, November 8, 1765 ; Chalmers' MSS., 4. Colden's declaration was published as a broadside. Broadsides, 1. Cf. Mass. Hist. Boc. ' Coll. Ser. IV., 10; 581. Colden, Letter-Book, 2: 80. Mercantile Library MSS., 42, 43. =» Livingston to Monckton, November 8, 1T65 ; Chalmers' MSS., 4. "Broadsides, 1. Chalmers' MSS., 4. Quoted in Lamb, New York, 1: 729. " Broadsides, 1 . 3 [SI] 34 BECKER NEW YOEK PAETIBS, 1760-1776. proposed that the stamps be surrendered to them. The mob was already assembled to know the result, and Golden, atter asking the advice of the council and of General Gage, gave up the stamps in return for a receipt signed by the mayor.*'' Wtih the stamps safely lodged in the city hall, the mob dis- persed But four days later Watts wrote to Monckton" that the situation was still critical, "of which the stamp act is the foundation," and he suggested that a repeal of the law would "calm the storm very soon." It was not a repeal, however, but a second shipment of stamped paper, that Sir Henry Moore brought towards the middle of November when he came out to take charge of the colony.** The new governor made no effort to distribute the stamps, and his conciliatory measures pleased the people immensely.*' But the radical alarmists were not satisfied until the second shipment of stamps was lodged with the first in the city hall— a result which was achieved, once more through the inter-vention of the corporation, on Satur- day, November 16.*^ The November riots marked the first stage in the separation of radicals and conservatives. The rioting was carried on mainly « Livingston to Monckton, November 8, 1765 ; Chalmers' MSS., 4. Colden, Letter-Book, Ss 57. Mem. Hist, of New York, 2: 363. Seven packages were re- ceipted for. Three, left in the ship of Capt. Davis, were probably for Connecti- cut. For the attitude of the government towards this proceeding cf. Pari. Hist., 16: 118. « November 9, 1765 ; Chalmers' MSS., 3. Cf., however, New York Col. Doo., 7: 773. "November 13, 1765, on the Minerva. Colden, Letter-Book, 2: 66. New York Mercwry, November 18, 1765. There were seven boxes of stamps for New York, and two for Connecticut. « "He takes every method to Ingratiate himself with the people." Colden to Conway, December 18, 1765; Letter-Book, 2: 66. "Sir Harry seems to be an easy, sensible, well-bred man, and experienced in business, every body likes the change extremely, indeed nobody could come amiss so they were hut rid of the old man." The first question put to the council was "whether it would he possible to issue the stamps, answered, unanimously, no." All consented to restoring the fort to its former state "the old man at his elbow among the rest." Watts to Monckton, November 22, 1765 ; Chalmers, MSS., 3. Of. Oal. Borne Office Pap., 1766-1769, No. 41. The new governor was favored with congratulations' by a deputation from the Sons of Liberty who also eirected a "pyramid" in the Fields in his honor. New York Gazette, November 21, 17C5. Moore thought Colden had exaggerated the danger from the people. Moore to Hillsborough, May 9, 1768; New York Col. Doc, 8: 67. "New York Qanette, November 21, 1765. New York Mercury, November 18, 1765. [34] THE STAMP-ACT. EADICALS AND CONSBEVATIVBS 35> by the unfranchised mechanics and artisans, sailors, and the rough element of the city generally, under the lead of men like John Lamb, Isaac Sears, and John Morin Scott. There is even at this time some indication of a secret organization of these elements; Livingston speaks of the "secret party" whose- strength was unlmown ; one of the broadsides was signed Sons of Neptune, another Vox Populi, still another Free Sons of New- York. There is no evidence, however, at this time of any spe- cific organization calling itself the Sons of Liberty. That term^ which was used widely, after Barre's speech in Parliament,*' to designate those who opposed British measures, had no techni- cal significance in New York until a later date. What is clear is that during the November riots the more radical elements in the population were drawiag together, as the more conservative men of property and political privilege began to protest against the use of mob violence as a means of resistance. For the moment, the disposal of the stamped paper had put an end to mob violence. But another issue, involving violence of a certain sort perhaps, very shortly arose, which contributed to the further differentiation of the two factions. Carefully guarding the stamps in the town house effectively prevented the use of them ; but it did not repeal the law ; those business trans- actions for which the law required stamped paper must there- fore cease altogether or be carried on as before without stamps. The first alternative constituted a legitimate and peaceable method of resistance; the second involved a kind of violence- inasmuch as it necessitated a violation of law. From the first, it appears that the law was ignored in some- respects. The newspapers were published as usual, and hand- bills were a conspicuous feature of the contest from first to last. Holt, at least, publicly announced his intention of violating the- law absolutely,** and doubtless the same course was pursued with respect to many of the business transactions that figured in the stamp act list. But inevitably general business activity was "Pari. But, 16: 38. Of. Walpole, Mem. of George III., 2: 56. Lecky, Eng. In the Bighteenfh Cent., 4: 74, note. Prothingham, RepubUo, 175, note 3. *^New> York Oasette, November 7, 1765. The notice was run In each issue- until December 26. [35] 36 BECKER — NEW YORK PARTIES, 1760-1776. largely curtailed. Apart from the non-importation agreement of the merchants,'"' the requirement of stamped paper for all clearances and bills of lading, probably operated to stop much of the foreign trade:"" many merchants of wealth preferred the legal method of resistance, and they largely controlled the for- eign trade; besides, it was doubtful what reception would be given in foreign jDorts to cargoes without properly attested bills of lading,'*^ and the frigate in the harbor made it difficult for vessels to sail without legal clearances.'*- The stoppage of for- eign trade soon affected retail business, in spite of the encourage- m.ent given to domestic manufactures.^^ The merchants with large capital, and the wealthy classes generally, could afford to wait; in some respects the situation doubtless created for them •a temporary monopoly by which they might even profit.^"' But the retailer without reserve capital was soon sold out ; the artisan •and mechanic, and the day laborer found themselves out of "employment. Before the end of November, the former classes Ijegan to suffer, and the situation offered an opportunity for a renewal of political agitation by the radical leaders. To the radical leaders, indeed, the stoppage of business was in itself a kind of tacit recognition of the legitimacy of the "There were at least two instances in which the associat:on was forced upon those who Inadvertently or deliberately broke it. Late in April the Sons of Liberty waited upon Capt. Hathorn of the ship Prince George. They were informed that the cargo was shipped in ignorance of the association, and it -was readily turned ove^r to them. The cargo was branded witli the Xew York arms and held for re-shipment at the first opportunity. New York Mercury, April 28, 1766. For a;nother instance, see Mem. Hist, of Ne>io York, 2: 379. «> It is stated, nevertheless, November 8, that the merchants "ventured out their vessels with unstamped cockets; nor have the officers of the customs the hard:ness to refuse them any of the necessary documents." New York Letter; Adolphus, Evglcmd, 1: 597. »i"At present nothing is done in a commercial way, the stamps cannot possibly be distributed, and if vessels should be permitted by tjiis and other governments to go without them, it is uncertain what treatment they would receive abroad." Watts to Monckton, November 22, 1765; Chalmers' MSS., 3. " "In this port alone the men of war stop the shipping, unless a few that steal out by night." Watts to Monckton, December 30, 1765 ; Chalmers' MSS., 3. "No vessel will be allowed to go out of the narbor." Moore to Conway December 21, 1765 ; New York Col. Doc, 7: 802. '^"Annual Register, 1765. pp. 55. 56. " Colden wrote that if the non-importation agreement were enforced "People m America will pay an extravagant price for old moth-eaten goods and such V *« "^'•^''^f ^^^o^W n°t otherwise sell." Colden to Lords of Trade, December •6, 1765; Letter-Book, 2: 78. [36] THE STAJIP-ACT. RADICALS AND CONSEEVATn^ES 37 stamp act. They believed, too, that this pretended form of resistance was l.ttle more than a device of the government to reduce the colony, through pinching poverty, to the necessity of complying with the law. And that, indeed, was after all the crux of the matter : in the long run the only alternative to the resump- tion of business without stamps was the resumption of business with stamps. ^^ The radical leaders, therefore, addressed them- selves to the task of putting "business in motion again in the usual channels without stamps."^* For this purpose they had recourse to the customary device of a mass meeting. Hitherto, so far as the radicals were concerned, the latter end of the mass meefng had usually been the riot. But in the present instance their plan appears not to have in- volved mob-violence ; instead they hit upon the design of an ap- peal to the city 's representatives, to whom they assumed the right of issuing instructions. Accordingly, "after some previous meetings of the gentlemen who have all along made the principal opposition to the Stamp-Act," a notice was posted in all parts of the town, November 25, requesting "freeholders, freemen and inhabitants of the citj' and county" to meet at Bum's tavern "in order to agree upon some instructions to be given to their representatives in general assembly."^'' That those instructions would request the representatives to use their influence to secure a resumption of trade without stamps was 'well Imown ; that the K> CJ. Watts to Monckton, November 22. 1765 ; Chalmers' MSS., 3. In the absence of the "appearance of any remedy [for the decay of trade] or any proposal to that end. they [the radicals] thought It high time to better them- selTes . . Since the discontinuance of business itself is a sort of ad- mittance of the legality of the Stamp-Act, and has a tendency to enforce It J and since there is just reason to apprehend that the secret enemies of liberty have actually a de-sign to introduce it by the necessity to which the people will be reduced by the cessation of business . . whereas if the Stamp- Act, as being unconstitutional, was fntireJy disregarded, and business went on as usual, it is plain it would never take place here." Heio York Oazette, Novem- ber 28, 1765. Cf. Watts to Monckton, December 30, 1765 ; Chalmers' MSS,, 3. Governor Moore predicted that the ruin of commerce would force the people to give up the contest. Tfew York Col. Doe., 7: 802. "Tiew York Gazette. November 28, 1765. " Montressor Journals, .340. iVew York Gazette, November 28, 1765 ; T^ew York Mercury, December 2, 1765. There was a rumor that Philadelphia was ~on the point of accepting the stamps. Cf. Joseph .Vllicocke to , November 21, 1765; Lamb MSS., (1765-1766). [37] 38 BECKER NEW YOEK PARTIES, 1760-1776/ Tmfrancliised "inhabitants" were to be used to swell the radical ranks and carry the instructions was equally obvious. For both reasons the leading men of property and of political influence ■were opposed to the meeting; they were opposed to all illegal anethods of resisting the stamp act, whether in the form of rioting or of carrying on business in violation of law; they be- lieved naturally that all matters of the kind should be settled by the legal voters only, and not by the unfranchised. The en- trance of the unfranchised into the political arena was as dis- tasteful to them as the early November riots had been, for their political supremacy was threatened by the one as their property rights had been endangered by the other. The meeting could not well be prevented however, though the notices, it is said, were pulled down by those ' ' hostile to the de- sign."^' By political management, it might nevertheless be di- verted from its original purpose. Accordingly, on the daj' ap- pointed for the meeting, the conservatives attended in large numbers,"** and by an ingenious device, the precise nature of which is not clear,"" appointed a committee of their own, laid aside the resolutions prepared by the radical leaders, and adopted others in their stead. "^ November 27, the committee, including "William Livingston, William Smith, James De Laneey, and John Morin Scott, waited upon the representatives with these resolu- tions."^ The instructions"^ began by urging that it could not be ''New York Mercury, December 2, 1765. ™ It was said that the meeting consisted of about 1,200 peoi;>le. New York •Gazette, November 28, 1705. ™ "One or more bf the company siapposed to be previously instructed, proposed some particular gentlemen present to be appointed as a committee for the county. These gentlemen without the general consent of the people agreed to the pro- ■posal on condition they might be joined by several other gentlemen present who were named." The exceptional character of these men prevented any objection being made. They then tooli the lead, although they were ^t the prime movers, and diverted the meeting from its real design. New Yorlc Mercury, December 2, 1765. " The resolutions originally prepared were published in the Mercury, Decem- ber 2. 1T65. «2 The Committee consisted of : Henry Cruger, John Van der Spiegel, David Van Horn, James Jauncey, Walter Ruthtord, John Alsop, William Livingston, William Smith, Jr., William Hlclss, J. M. Scott, James De Laneey, John Thurman, Jr. The only member who ever became a thoroughgoing radical was J. M. Scott, who at this time was not openly associated with the radicals. New TorJe Oazette, November 28, 1765. '"New York Oazette, November 28, 1765. New York Mercury, December 2 ^■^65. [38,] THE STAMP-ACT. RADICALS AND CONSERVATIVES 39 unreasonable, for constituents "in this constitutional way," to formulate their wishes; they conceived that no tax should be laid save by gift of the people ; that jury trial, without appeal, should be preserved; that internal taxes were unconstitutional. These principles the representatives were urged to maintain to the utmost of their ability. In return, the committee was as- sured that the assembly had already taken these matters into serious consideration."* The radical resolutions, which had meanwhile been published in the newspapers, were in sharpest contrast to all this. They expressed the highest regard for constitutional government, and for the British Parliament, but enumerated various "encroach- ments" which had been made in years past upon their liberties, mentioning particularly the stamp act as being subversive of everything valuable in the British constitution. For that reason, the representatives were urged to prevent its execution by means of "legislative sanction to the transacting business as usual without stamps," — a sanction which was to be secured by with- holding the salary of every officer who refused to discharge the duties of his office precisely as though no stamp act had ever been passed."^ At the same time a curious diatribe, purporting to come from the Sons of Liberty, was conveyed to the assembly through the clerk, of which, however, the radical leaders denied all knowledge, offering in fact to aid in detecting the author."" '^Hew Yorl! Gazette, November 28, 17G5. For the assembly resolutions of. ibid., December 26, 17C5. '^New Yorlc Gazette, November 28, 1765. Ne-w TorJi Mercury, December 2, 1765. " The paper was delivered to the clerk in a sealed envelope, November 26. It was as follows : "Gentlemen of the House of Representatives you are to consider what is to be done first dravping of as much money from the Lieutenant Governor's sellery as will Eepare the fort and on spike the guns on the Battery & the nex a Repeal of the gunning act & then there will be a good Militia but not before and also' as you are a setting you may consider of the Building act as It is to take place next yeare wich it Cannot for there is no supply of some sort of the materials Required this law is not ground on Reasons but there is a great many Reasons to the contrary so gentlemen we Desire you wiU do what Lays in your power for the good of the public but if you take this ill be not so conceited as to say or think that other people know nothing about govern- ment you have made these laws & say they are Right but they are Rong & take away Liberty, Oppressions of your make gmtlemen make us SONS OF LIBERTY think you are not for the public Liberty, this is the general opinion [39] 40 BECKER NEW YORK PARTIES, 1760-1776. The assembly, as we have seen, had opposed the stamp act, and it had approved the resolutions of the Stamp-Act Congress. But it was strongly conservative: it was opposed to all violence; it was especially opposed to having political matters referred to the unfranchised for decision. Unquestionably, therefore, it was well pleased with the result of the meeting of November 26, and in December it accordingly embodied the instructions of that meeting in a series of resolutions that were moderate enough to satisfy even the most conservative.''' The failure of their plans, and the conservative resolutions of the assembly did not dis- courage the radicals, however; they cont-nued their elTorts to secure a resumption of business without stamps, — Avith what success it is difficult to say. From one source we learn, for in- stance, that the lawyers met December 20, and resolved to ex- ercise their notarial powers as before f^ from another, that only two or three voted for this resolution.*" ilany merchants, doubt- less, were willing enough to venture cargoes, if they could secure clearances that would be accepted in foreign ports; De- cember 3, Watts writes that the "Men of war stop the ship- ping, unless a few that steal out by night." He nevertheless predicted that there would be trouble soon unless the colony was "put upon a footing with our neighbors;"'"' and in March it was reported to the secretary of state that "several vessels" of the people for this part of your conduct By order signed one and all, FEBB- DOM." Doc. Hist, of Xew York, 3; 495. The assembly voted the letter scan- dalous and offered a reward of £50 for tha detection of the author. Dawson, The Park and its Vicimty, 15, note. New York Mercury, December 16, 1765. <" "The last resolves of the Assembly concerning the present circumstances are very well. Why have they not been so moderate long a?o? The effect would have been favorable and their conduct honorable. We set the house afire aSid then endeavor to put it out." Hasenclever to Johnson, December 2.3 1765- Johnson MSS., H: 279. For the resolutions referred to, see New York Gazette. December 2H, 1705. «» Friday last the gentlemen of the law met "and resolved to carry on business as usual without paying any regard to the Stamp-Act." New York Mercury, December 2,3, 1765. ^'Frejan, writing in 1770. states that the lawyers were waited on bv » com- imttee of twelve which desired them to go on without stamps, but that there •were only three or four of the profession who voted for going on." New YorH Journal Apnl 19, 1770.- No courts were held, but in January somoilwyers prepared a memonal to Governor Moore requesting that the common pleZ be held as usual. The Governor refused. New York Col. Doc 7, S05 SIO ■"• Watts to Monekton, December ,30, 1765 ; Chalmers' MSS.', 3. [40] THE STAMP-ACT. RADICALS AND CONSERVATIVES 41 had been "cleared out by the customs-house offic.als at New York with unstamped paper."" Probably the necessities of the. case proved stronger than patriotic resolutions, and we may con- clude that, on the whole, there was an increase in the amount of business done in violation of law. However much it may have been, it was far from satisfying the radicals; and they soon came to the conclusion that the ex- ecution of the act could be prevented only by the destruction of the stamps in the city hall.'^^ December 23, the Sons of Lib- erty, a name now coming into common use to designate the rad- icals,^' held a meeting (the inciting cause of which appears to have been the arrival, a few days before, of a stamped letter- pass from Quebec,) to determine what was best to be done. Ac- cording to Montressor,'* they debated whether to bum the stamps or send them back to England, while Hasenclever, writing to Johnson, says that the latter was decided upon.'^ In any c£ise, an attack upon the city hall was expected, and the mayor and! council, we are told, assembled the "better sort of citizens," " Lords Admiralty to Conway, March 30, 1766 ; Oal. Home Office Pap., 1766- 1769, No. 102. Cf., Moore to Lords of Trade, January 14, 1767 ; New York Col. Doc, 7: 891 : and Freeman in yeic York Journal, April 19, 1770. Whatever husiness required the Governor's sanction was impossihle ; no letter passes, for instance, were granted to traders to the interior, nor grants for the New Hamp- shire lands. New York Col. Hoc, 7: 807, S18. " It appears that the radicals had never heen satisfied with the disposition of the stamps on November 5. November 21, AUicocke wrote that the stamps had been "decently interred'' in the City Hall, where they would remain unless taken out to be "sent back." Joseph Alllcocke to November 21, 1765 ; Lamb MSS., (1765-1766.) The stamps "are continually under a city guard in the City Hall, and what will finally become of them we cannot tell. The populace threaten another insurrection, are to meet this afternoon (it is said) uiron the common to consult upon compulsory methods, which puts the officers of civil justice almost at their wits end." Smith to George Whitefield, December 6, 1765; Mst. MSS. Com., Rep. XI., Pt. 5, pp. 331, 332. '="Sth [December. 1765.] The Sons of Liberty, as they term themselves," etc. Montressor Journals, 343. '» "23 [December, 1765.] Assembled a mob for householders' votes^yea or nay to burn the stamps or send tliem to England back. Undetermined." Mont- ressor Journals, 343. 76 "The Sons of Liberty, so they stile themselves, pretend to take by arbitrary force the stamps out of the town house and send them to England." Hasen- clever to Johnson, December 23, 17R5 : Johnson MSS,. 11: 279. [41] 42, BECKER NEW YORK PARTIES, 1760-1776. at eleven o'clock, to prevent the execution of the design." In fact, however, no attack was made, and the stamps remained in the city hall. The radicals devoted themselves for the pres- ent to securing very formal resignations and humble apologies from those who had been appointed as stamp distributors.'' The appearance of a stamped letter-pass raised a tumult,^^ and early in January ten packages of stamps, which arrived in the brig Pally from London, were forcibly taken and burned in the ship- yards at midnight.^" The time now seemed ripe for the formal organization of the radicals imder the style of the Sons of Liberty. The lead- ^^ "Our political affairs are in great confusion. Today will be decided if tlie moble will command the town, or will be subjected to the better sort of citi- zens. The latter are called by the mayor and corporation to meet at the City Hall to resolve upon the point." Hasenclever to Johnson, December 23, 1785; Johnson MSS., 11: '279. " The first stamp distributor appointed for New York was James McEvera. New York Mercury, July 7, 1765. He resigned August 30. Golden, Letter-Book, 2: 27. New York Col. Doc, 7: 761. David Colden applied for the office .in a letter to the Commissioners of the stamp office, October 26, 1765. Colden, hetter-Book, a; 51. A(j>parently, however, Peter De Lancey was appointed, for, upon his arrival late in November, he publicly resigned, after being waited upon by a committee, November 27. New York Gazette, December 2, 1765. December 2, James McEvers was put through the same ordeal. Jtnd., December 9, 1765. New York Mercury, December 9, 1765. But the fear of stamp dis- tributors extended to those of other colonies. Z. Hood, the Maryland collector, fled from Maryland and came to New York in September, afterwards going to Long Island. A company of patriots from New York waited upon him at Flush- ing, and offered him the alternative of resigning or leaving the province. He signed a formal resignation November 28, 1765. The following day the com- pany returned to New York in "several divisions", carrying flags and banners bearing the inscription "Liberty, Property, and No Stamps." Ne%i> York Mer- cury, December 9, 1765. For this action the patriots received the thanks of the Maryland Sons of L-iberty. New York Gazette, December 26, 1765. Of- Colden to Conway, September 23, 1765 ; Nev) York Col. Doc, 7: 760. "December 19, 1765, Capt. Blow arrived from Quebec, bringing a stamped letter-pass from Governor Murray. It was posted In the Coffee House, and Friday evening a mob paraded with effigies of Grenville, Murray, and Lord Colville. New York Mercury, December 23, 1765. In February information was received from Philadelphia of the receipt of a stamped letter-pass from Louis Pintard. Friday, February 14, the Sons of Mberty waited upon Pintard, who made a humble apology. The people, we are told, were hardly restrained from destroying his "person and effects." New York Ganette, February 17, 1766. New York Mercury, February 17, 1766. ■"New York Mercury, January 13, 1766. New York Gazette, January 13, 1766. "11th January, 1766. Advertisements placarded throughout of the gen- eral approbation from the Sons of Liberty of those sons that burnt the stamps the other night." Montressor Journals, 345. Cf. Cal. Home Office Pap 1766- 1(69, No. 84. ' [42] THE STAMP-ACT. RADICALS AND CONSERVATIVES 43 «rs of the party were well known ; secret meetings had been held from time to time to determine their policy ; towards the end of November, the term Sons of Liberty was already used to desig- nate them.^" Whether any formal organization bearing that title existed before 1766 is not known f^ but on January 7, the very day the brig Polly sailed into the harbor Wtth the detested stamps •on board, they at least threw off the mask of secrecy that had hitherto somewhat veiled their actions, and publicly declared their organization and their principles. The meeting was held at the house of jMr. Howard, where a "great number of gentle- men, Sons of Liberty, assembled ... in consequence of an in- vitation from some of the members of their society." "After .setting forth and declaring their rights and liberties, their firm adherence to the English constitution . . and showing the unconstitutional nature of the Stamp Act . . . the following resolutions were agreed to by a great majority. Resolved: That we will go to the last extremity and venture our lives and for- tunes effectively to prevent the said Stamp-Act from ever taking place in this city and province. Resolved : That any person who shall deliver out or receive any instrument of writing upon •stamped paper . . agreeable to the said act, shall incur the highest res.^ntment of this society, and be branded with ever- ^^ I do not find the term Sons of Liberty used to designate the ultra-radicals before the November riots. The placards of early November "were signed Sons ■of Neptune, Tox Populi, Free Sons of New York, etc. November 9, Golden wrote to Conway, describing the methods of the radicals, but makes no men- tion of the term. November 21, the Mercury speaks of the Sons of Liberty -sending a deputation to Sir Henry Moore. The same day AUicocke mentions "us Liberty boys." Lamb MSS., (1765-1766). November 26, an anonymous letter to the assembly already quoted uses the term. Doe. Sist. of New Yorle, 3: 495. December 8, Montressor speaks of "The Sons of Liberty as they term themselves." Journals, 343. December 23, Hasenclever mentions "The Sons of Liberty, so they stile themselves." .Tohnson MSS., 11: 279. From January 17t'>H. the term was commonly used to designate the radicals. *' If there "^'as a formal orgau'zatiou of the radicals before .Tannary, 1766, there are but slight traces of it. The papers of John Lamb, who was the secre- tary of the society, consist of letters only. The earliest letter is from Jos. AUi- cocke, dated November 21, 1765. The letter indicates that there was at that time some sort of a secret society. With the letter there were enclosed several sealed packets, the disposal of which was carefully indicated. The next letter In the collection is dated January 15, 1766. The bulk of the correspondence lor this period is in February and March. The letters are enclosed in a packet marked (17115-1766). [43] 44 BECKER — NEW YORK PARTIES, 1760-1776. lasting- infamy. Resolved: That the persons who carry on busi- ness as formerly on unstamped paper . . shall be protected to the utmost power of this society . . Resolved : That we will to the utmost of our power maintain the peace and good order of this city so far as it can be done consistently with the pres- ervation of our rights and privileges." It was agreed to meet regularly for the future, once a fortnight unless more frequent meetings became necessary. ^- If the radicals expected that this open avowal of their position- would add to their strength, they were fated to disappointment. They appear to have been troubled by internal dissensions ;*' and if there was no absolute decline in numbers, certainly there waa no gain. The extreme radicalism of their position,** as well as their partiality for parades, dinners, the burning of effigies, and such proceedings,*" alienated the "better sort" as completely as ever; on the other hand, now that the real strength of the society be- came better known, as secrecy disappeared, there was less hesita- tion in opposing it than there had been at first. But above all, the danger which the Sons of Liberty saw in such a lurid light, was not equally apparent to others. The stamps had long rested quietly in the city hall, the last shipment having been even more effectively disposed of. Xo serious effort had been made to force them upon the colony; the council invariably advised '-New Yurk Gusetir, January 9. 1766. A'eio York Mercury January 13, 1760. »"19 [January, 1766.] The Sons of Liberty assembled at night in the- Fieias and bespoke a large supper, but upon some disagreement (which Is generally the case) they broke up and dispersed as soon as It came on the table, leaving only half a dozen." Montressor Journals, 347. Montressor wa» strongly prejudiced against the radicals. »Cf. New York Gazette, January 2, 9, 16, 23, 30, 1766. New York Mer- er,,. January 27, 1766. "26 [February, 1766.] The Sons of Liberty arrived at that pass as to have the utmost indifference regarding their manner of ex- pressing themselves." Montressor Journals, 350. "27 [February, 1766]. The New York inadvertant Sons of Liberty make no scruple of publ'cly declaring that they are for shaking off the yolje of dependency of their mother country." Jiiil, 3.51. The Providence committee wrote. February 17. 1706. that thev were prepared to take up arms hi resistance to the stamp act if necessary. " Lamb MSS.. (176.5-1766). «"6 [February, 1766]. This night several children were dispersed by the 1 '!"?on K :, ;. ^°' parading the streets with 3 'eflflffies and candles, being about 300 boys. Montressor Journals. 349. Of. ibid., 345, 350 351 353 355 3.57. ' » f r [44] THE STAMP-ACT. RADICALS AND CONSERVATIVES 45 against any such attempt,*" and the governor's policy was to limit as much as possible the transaction of business without stamps, and then wait until the economic pressure should bring the people to accept the stamps voluntarily." Unquestionably, "there was a strong probability that such a policy would succeed in the long run ; but the danger necessarily appeared greater to the Sons of Liberty, whose followers were' recruited from the poorer classes, than to the conservative and well-to-do. To the conservatives, it must have appeared that the Sons of Liberty were urging them to provide against a danger which was largely illusory, by methods which they were not in favor of using if it had been real. It is not surprising, therefore, to learn that the So-ns of Liberty were "much concerned that the gentlemen ■of fortune don't publicly join them,'"'* a complaint that was ■echoed from Philadelphia, where, it was admitted by the com- mittee, the society was weak on account of "dissentions in Pro- vincial politics."*" But nothing disheartened the' radicals : both fanatic and dem- agogue were incited to renewed activity by indifference or active opposition. If they were weak in numbers, they might find strength in a further unity of purpose and of organization ; fail- ing to rece'.ve general approval at home, the society sought for support in other colonies.*'" February 4, it was unanimously re- solved, in pursuance of this policy, to appoint a committee to correspond with those outside of New York who were in sym- '0 Cf. Mem. Hist, of New York, a: 3T5. '' His conduct as well as his correspondnnce bears th^s out. Cf. New Toric Col. Doc, 7: 802, 810. Late in January Watts commended tihe governor for acting coolly an;l letting the stamps alone. Watts to Monckton, January 6, 20, 1766; Chalmers' MSS., 3. »» "4th [February, 1766]. Meeting of the Libertines who seem to decline, be- ing much concprned that the gentlemen of fortune in the town don't publicly join them. They formed a committee of correspondence with the Liberty boys In the neighboring provinces." Montressor JournaU, 348. '" Letter from Sons of Liberty at Philadelphia to New York, February 15, 1766; Lamb MSS., (1703-1766). '" The correspondence of th's' date indicates that there had been hitherto no Inter-coIonial union of the radicals. The prospect of union gave much pleasure in Connecticut and Philadelphia ; union was necessary, according to Major Durckees of Nonvlch, in order to resist "our most inveterate enemies." Durc- kees to Sears, February 10, 1766; Lamb MSS., (1765-1766). Cf. Letter from Philadelphia, February 15, 1766: from Providence, February 17, 1766; from Upper Freehold, April 28, 1766 ; tbii. [45] 46 BECKER NEW YORK PARTIES, 1760-1776. pathy Avith the purposes of the association," and at the next meeting, the original resolutions of January 7 were republished with an additional clause giving expression to the new project."^ The committee, of which John Lamb was the secretary, began a coiTespondence with the counties of New York, and with all of the colonies to the north and as far south as South Carolina.'' During ^February and March the work of uniting the radicals throughout the continent was carried on. From the correspond- ence of Lamb, and from the New York newspapers, it may be ascertained that the ramifications of the society extended at least to Albany,"* Huntington,^' Oyster Bay,"" and FishkilP' in New " "At a meeting of The Sons of Liberty last Tuesday evening at the house of Mr. Howard ... a committee was appointed . . in order to correspond with the Sons of Liberty In the neighboring colonies." New Tone Gazette, February 6, 1766. "2 This meeting was held February 15. The added resolution declared that the safety of the colonies depended upon the union of all against the "enemies of his JIajesty and the Colonies." New York Mercury, February 17, 176C. New York Gazette, February 11, 1766. "^ Sons of Liberty in New York to Connecticut, February 20, 1766 ; Lamb MSS., (1765-1766). This letter Is in the hand of John Lamb. It acknowl- edges the receipt of a letter from Connecticut, and states that letters had been written to all provinces as far south as South Carolina. " There Is only one letter from Albany before the repeal. It Is dated Jan- uary 15, signed "Albany," and addressed to "Messrs. J. Alllcocke and I. Sears." There iS another letter of May 24 which 'expresses the general joy at the re- peal. Lamb MSS., (1765-1766). For the organization of the Albany Sons of Liberty, see New York Mercury, January 27, 1766. "• Huntington letter Is dated B'ebruary 24. It accompanied a series of reso- lutions, identical with those adopted by the society at New York. A committee was also appointed to correspond with the "Sons of Liberty in New York and elsewhere." Tlie letter is signed : John Hobart, Gilbert Potter, Thomas Brush, Cornelius Conklin, Nath. Williams. Lamb MSS., (176.5-1766). New YorJc Oo- xette, February 27, 1766'. New York Mercury, March 3, 1766. <« Meeting held at Oyster Bay, February 22, and resolutions adopted Identical In substance with those of New York. The committee consisted of Benjamin Townsend. Rowland Chambers, Geo. Townsend, Geo. Weeks, Baracn Sneething, Michael Weeks, and J. Sel [les]. Sons of Liberty at Oyster Bay to Sons of Liberty at New York, February 22, 1766; Lamb MSS., (1765-1766). New York Gazette, February 27, 1766. New York Mercury, March 3, 1766. Onderdonck jDoc. and Let. of Queens County, 13. »'The Sons of Liierty organized in Fishhill. Dutchess County, although the Lamb papers contain no letter from them. A meeting was held April 26. Three resolutions were adopted : Though faithful subjects of King George, they claimed that the stamp act was unconstitutional, and declared themselves "ready at the shortest notice to assist our brothers with both lives and for- tunes ... to defend our liberties, and deliver our posterity from political Slavery. AMEN. GOD SAVE THE KING." Signed, Sons of Liberty. New York Gazette, May 15, 1766. [46] THE STAMP-ACT. RADICALS AND CONSERVATIVES 47 York, and to various to'wiis in tlie provinces of New Hampshire,"' Massachusetts,"^ Ehode Island,^"" Connecticut,^"^ New Jer- ggy^io2 Pennsylvania,^"^ Delaware,^"* and Maryland.^"" Letters "' In response to the New York letter, a meeting was held at Portsmouth, Saturday, February 10, 1766. Hew York Oazettej February 27, 1766. " The correspondence with Boston was carried on largely by way of Con- necticut and Rhode Island. Of. Letters from Providence, February 17, 1766 ; Lamb MSS., (1765-1766). One letter in the collection is from Boston directly. It Is undated, and is in reply to a suggestion for a "union . . for our common interests." It appears that the Boston radicals had already formed a sort of club. "Spent the evening with the Sons of Liberty at their own apart- ment in Hanover Square, near the tree of liberty. It is a counting room." Adams, Diary, January 15, 1766; ^Torl(S of John Adams, 2: 178. This is the first mention of the Sons of Liberty I have found in the diary. The names' and occupations of those present are given, mostly artizans or small tradesmen. There were, we are told, pipes, punch, wine, biscuits, cheese and such conver- sation as is heard at all clubs. February 5, Adams received a letter from the society stating that "the colonies (we mean New York and Connecticut) have entered into certain reciprocal and mutual agreements, concessions and associ- ations, a copy of which we received by express the last Sunday, with their desire to accomplish the like association with us." The letter goes on to say that the object of the association is to counteract the inveterate enemies of American liberty, etc. Ibid., 183. 100 rpjig letter from Provid'^nce expresses delight at the prospect of union. The Sons of lAberty there are firm against the stamp act, and will take up arms if necessary ; at two hours' notice they will bring three thousand men under the "tree of liberty." Letter from Providence, February 17, 1766 ; Lamb MSS., (1765-1766). "" The Norwich Sons of Liberty were pleased with the Idea of union, which they said was necessary on account of "inveterate enemies." Major Durc- kees to Isaac Sears, February 10, 1766; Lamb MSS., (1765-1766). March 6, resolutions were passed at Fairfield. New York Mercury, April 7, 1706. A meeting at Hartford, March 25, appointed a committee for the Colony. New York Gazette. April 7, 1766. 102 The Upper Freehold, Monmouth County, did not reply to the New Tork letter till April 28, when a committee of Ave wrote that the Sons of Liberty had organized according to the suggestions of the New York society. Only a small number attended the meeting, the great majority of the inhabitants be- ing absent for reasons "best known to themselves." Committee in Upper Free- hold to New York, April 28, 1766; Lamb MSS., (1765-1766). N0w York Mercury, May 12, 1766. February 25, there was a meeting at New Brunswick, but whether in response to the New York letter does not appear. New York Mercury, March 3, 1766. In Woodbrldge a committee was appointed, and resolutions were passed in response to the New York letter. Ibid., March 10, 1766. April 1, the Sons of Liberty in Sussex County organized fa the same way lUd., May 12. 1766. ">' February 15, the Sons of Liberty in Philadelphia had not yet appointed a committee, but they promised to do so. They admitted that they were weak because of "dissentions in rprovincial politics." Sons of Liberty, Philadelphia, to New York, February 15. 176€': Lamb MSS., (1765-1766). The same day William Bradford wrote that some stamps, passing through the city to the [47] 48 BECKER NEW YORK PARTIES, 1760-1776. were sent to South Carolina, but to what extent there were organ- ized societies of the Sous of Liierty in Virginia and the Caro- linas, I have not been able to determine. To add to the strength -of the association, a congress of the Sons of Liberty was pro- posed;^"" but the repeal of the stamp act made the realization of this scheme unnecessary. After the repeal, indeed, the Sons of Liberty, as a formal or- ganization, was dissolved, although the leaders had declared that they would maintain their organization, and work for the repeal of all duties, and the abolition of the post-office and the admir- alty courts.^"^ As no records were kept, or at least none pre- served,^"^ it is impossible to say whether there was a formal dis- -solution or not. At any rate the meetings ceased, and we are told that the members divested themselves of homespun clothes, being supposed to remain only with homespun hearts.^"" The last official correspondence of the Society preserved in the Lamb papers, ^^" bears date May 24, and in July, Montressor tells us that the meetings had ceased, and that the name of a Son of -Liberty was no longer "to be ever heard of."^^^ Nicholas Kay, writing from London, proposed to form a club of ten or twenty members, to be called the Liberty club, to meet monthly, and Soutb,. were burned at the Coffee House "with loud acclamations." Bradford to Lamb. Sears, Robinson, Wiley, and Mott, February 15, 1766 ; ihii. 104 Organization of Essex County, with resolutions. March 15, 1766. New YorJc Gazette, April 7, 1766. "= Sons of Libert)/ at Baltimore promised to "cooperate." Sons of Liberty at "Baltimore to New York, March 8, 1766; Lamb MSS... (1765-1766). The society at Baltimore was well organized. New York Gazette, March 24, 1766. Leate (Life of John Lamt, 19) prints a letter from New York to Baltimore- which I did not find in the Lamb papers. At Annapolis an organization was effected April 10. New York Gazette, April 24, 1760. "" Undated letter from Sons of Liberty at New York to Boston ; Lamb MSS., (1765-1766.) Cf. Same to Providence. April 2, 1766; ibid. "'Statement made in Hem. Hist, of New York, 2: 379. I have found no con- temporary authority for it. In 1774, abolition of the post office was broached. TVilliam Goddard to John Lamb, March 23, 1774; Lamb MSS., (1774-1775). "« Thf Lamb papers contain no minutes or records of meetings. Of., however, "These heroes of liberty keep an office and enter minutes and record them and all their correspondence," etc. Montressor Journals, 357. '»» Montressor, quot<>d in Mem.. Hist, of New York, 2: 379. •»The last, that is, for this period. The Lamb papers contam a few letters dated 1774, and some documents relating to the later society of Federal Repub- licans. 1" Montressor Journals, 378. [48] THE STAMP-ACT. RADICALS AND CONSERVATIVES 49 annually to celebrate the repeal of the stamp act."^ The club was apparently never formed;"^ but the leaders did hold to- gether in a fashion/^* and every March for some years the repeal was celebrated by a public dinner on which occasion patriotic toasts were listened to. It is sometimes said that the society of the Sons of Liberty was formed for the purpose of resisting the stamp act;^^° it is sometimes asserted, that it was a continuation of the "Whig club of 1752.^" The latter statement is wholly unfounded; the former is misleading. It is a curious fact that the Society whose rmson d'etre is said to have been the nullification of the stamp act was not formally organized until after the stamps had been safely lodged in the town house. The fact is, simply, that no organization like the Sons of Liberty was necessary to nullify the stamp act, because practically every class in the province was openly determined that it should not take effect. The stamp act was opposed by John Cruger and James De Lancey, who were leaders in the old court party; by Livingston, William Smith, and John Morin Scott, who founded the Whig club and were leaders of the popular party ; by John Lamb, Isaac Sears, and Marinus WiUett, who had hitherto taken but little part in the politics of either party. But as opposition developed, it be- came clear that there was a wfde difference of opinion as to the proper method of procedure; the use of mob violence, the in- »= Nicholas Bay to the Sons of Liberty at New York, July 28, 1766; Lamb MSS., (1765-1766). "2 Leake says that the society replied to Eay, October 10, 1766, Life of John Larnl), 36. I have found no reply In the Lamb Papers. "* Leake, Life of John Lamh^ 37. 115 "The association of the Sons of Liberty was organized in 1765, soon after the passage of the Stamp-Act, and extended throughout the Colonies from Mas- sachusetts) to South Carolina." IVeake, Life of John Lamib, 3. in Tjie sources of this notion are Colden and Galloway. "So early as the year 1754 there were men In America . . . who held Independence in pros- pect. . . . These men when the Stamp-Act was passed, made a . screen of the gentlemen of the law in every part of America to sound the trumpet of opposition against government . . . When the Tea act passed they made the same use of the merchants." ExaminaUon of Joseph Galloway, 5. O/. Colden to HalUfax, February 22, 1765; Letter-Boole li 469. Colden to Lords of Trade, April 7, 1762 ; ,{bid, 187. Colden to Hallifaz, April 27, 1765 ; iUd., 479. Colden to Conway, September 23, October 26, 1765 ; fbid., 2: 35, 49. Dawson gives currency to the idea. Westoheater Oounty, 40. 4 [49] 50 BECKER NEW TOEK PARTIES, 1760-1776; creasing activity of the unfranchised classes, the attempt to en- courage the transaction of business without stamps, gradually separated sincere fanatics like Lamb, and vain carpet-knights like Sears, from long-headed men of consei-vative temper like Eobert Livingston and John Cruger. Thereupon the radical leaders drew together, depended more and more upon the un- franchised classes whose poverty made them radical, and finally organized themselves under the name of the Sons of Liberty. The society was thus the result of conservative opposition to rad- ical methods of resisting the stamp act. The radical leaders, finding themselves in a minority, identified conservative oppo- sition to their policy with royal oppression, and came to regard themselves, therefore, as the only true patriots — as preeminently the Sons of Liberty. Surrounded by "inveterate enemies," both at home and abroad, they thought to increase their own efficiency, first by organizing in their own province, and finally by turn- ing for support to kindred spirits in neighboring colonies. The society of the Sons of Liberty represents, in fact, the protest of the unfranchised classes, guided by leaders partly sincere and partly interested, against the determination of the privileged classes to retain an exclusive control of political affairs, and to settle the stamp act quarrel by methods that appeared to them to be entirely adequate. "While the conservative and radical parties were being differ- entiated on these lines, steps were being already taken to repeal the law which had created all the trouble. The resolution to repeal the stamp act gave occasion for the first serious discussion of the American situation that Parliament had listened to. For the first time, there was presented to it a clear exposition of the colo- nial commercial system, and of the effect upon that system of the sugar act and the stamp act;"^ petitions from English merchants supported American demands ;"« statistics and logic combined to prove beyond a doubt that the system of Grenville was an economic blunder. Opposition to the repeal was grounded "'For the debates, see Pwrl. BUt., 16: 133, £f. Summarized in Annual Beg- later, 1766, p. 32 fl. "' Pari. Hist., 16: 133. i > I , ' ' , ; i [50] THE STAMP-ACT. RADICALS AND CONSBEVATIVES 51 on political considerations, which, happily, did not prevail, and the law was repealed March 18, 1766."^ The sugar act was so far modified at the same time, by the reduction of the duty on molasses to one penny,^^° as to remove one of the objections to that law ; and certain other acts were passed which greatly facil- itated the trade of the colonies.^^^ The mutiny act and the cur- rency act were, however, left unmodified, with what results shaE presently be seen. The general result of the stamp act episode was thus to create a broad, ill-defined distinction between the conser-vative and the radical elements in the population, and to give to the latter a taste for political agitation.^^^ Of the radicals, the Sons of Lib- erty constituted the most extreme and the most active portion. Associated with them, however, was a considerable body of the merchant class — men who still saw more clearly the danger to trade from British taxation than the danger to property from violent methods. In the first enthusiasm they were not strongly opposed to the measures of the Sons of Liberty, the society, in- deed, numbering many merchants among its members. "With the conservatives belong all those who were opposed to the stamp act as a specific measure, but who were even more opposed to violent methods of all kinds, and jealous also of the presumption of the unfranchised classes. These were the large property own- ers — land owners, merchants of wealth and political influence — and all essentially conservative and temperate men. The issue between the two parties was two-fold: first, whether the resist- ance to British measures should be directed by the whole people, or by the legal voters only ; second, whether resistance should con- sist iu a mere evasion of the law, or in an open violation of it. Of these two questions, the first was not so prominent at this "» 6 George III., cU. 11. ^nid., ch. 52. ^^md., ch. 3. 7 George III., ch. 4. "2 The stamp act agitation, said Governor Moore, led the people to think that any conduct "which had the ai>pearanee of resisting gOTernmeut might be undertaken with impunity." The rent riots and the so-called "leveller" movement, which appeared in Dutchess and Westchester counties in April, 1766, were doubtless in some measure the outgrowth of the stamp act agita- tion. Moore to Conway, April 30, July 14, 1766 ; New York Col. Doc, 7: 825, 845. [51] 52 BECKER NEW YORK PARTIES, 1760-1776. time as it became later, while the repeal of the stamp act dis- posed of the second for the time being. But the Townshend acts raised the same question once more, though in a slightly different form. The Townshend acts furnished, however, only one of the points in dispute which, during the -next three years, contributed to party development; of equal importance were the difficulties arising from the mutiny act and the currency act. "With re- spect to the alignment of parties, the history of these year-s is far from simple. It can have little meaning for those who regard the Eevolution as a spontaneous uprising of the colonies in de- fense of a political principle, or for those others who can see in it nothing but the achievement of a deliberately planned inde- pendence. There was at first a certain reaction from the vio- lence of the stamp act period; purely local issues not infre- quently confused party lines altogether ; but toward the close of the year 1769, and during the winter of 1770, a combination of various influences, almost wholly economic, contributed to differ- entiate once more, and more clearly than the stamp act had done, the radical and conservative elements of the population; and in this differentiation both parties gained something — the conservatives, by attaching to themselves the whole body of mer- chants ; the radicals, by identifying themselves with a policy that ostensibly bore the stamp of disinterestedness. These general tendencies we shall attempt to trace in some detail in the next chapter. [52] THE ECONOMIC CRISIS OP 1768-1770 53 CHAPTER III THE ECONOMIC CRISIS OF 1768-1770: THE MORE COM- PLETE DIFFERENTIATION OF RADICALS AND CONSERVATIVES The tranquillity which was confidently expected to foUow the settlement of the stamp act controversy was not altogether realized. The repeal of the stamp act and' the act of indemnity^ were highly appreciated; and the loud rejoicing with which they were greeted deadened somewhat the rather ominous sound of the declaratory aet.^ The New York assembly com- plied, though with some reluctance, it was thought, and not in entire good faith, with the demand for compensation for the sufferers in the November riots.'* But a new difficulty at once arose with respect to the mutiny act. Grenville's colonial policy involved not only the raising of a revenue from the colonies, but also the establishment in them of a part of the British army. Early in 1765, accordingly, a law was passed extending the ordinary regulations of the mutiny act to the colonies, estab- lishing barrack and billeting regulations, and requiring the- ' 6 George III., eh. 51. 'IWd., eh. 12. Grxenville thought th'e Americans should rejoice at the re'- peal since "they are thereby exempted forever from helng taxed hy Great Britain for the public support even by themselves." Orenville Papers, S: 250. ' It was first proposed to "recommend" this measure to the colonial govern- ments, but the word "require" was afterwards substituted. Orenville Papers, 3t 358. When the government laid the resolution before the assembly, the "up- land counties opposed It, saying that the Yorkers did the damage, and ought to bear the expense ; on the first division II for the bill, against 10. On the second division, 13 to 10." Whately to Grenville, July 29, 1766 ; i1n(L, 282. Two laws were passed : one, December 19, 1766 appropriated about 2000 £ for the losses of James Gautler, Mallet, and H. Van Schaack; the second, June 6, 1767, appropriated 123 £, 13sh., 9%d., for Philip Martin. Ool. Laws of New York, 4: ch. 1302, 1320. Golden, whose losses amounted to 195£, 3 sh., was nefver compensated. New York Col. Doc, 7: 832, 886, 994. [53] 54 BECKER — NEW YORK PARTIES, 1760-1776 colonial assemblies to furnish "fire, candles, vinegar and salt, bedding, utensils for dressing victuals, and small beer, cyder, or rum."* To the establishment of troops in the colony there was little objection at this time, but the requirement that tbe colony should provide for their support was deemed to be a direct tax under the guise of a requisition.^ It was not until July 3, 1776, after the governor had sent two- messages to the assembly, and nearly a fortnight after the arrival of the troops themselves, that a law was finally passea making provision for all the articles mentioned in the mutiny act with the exception of salt, vinegar, beer or cyder.^ The omission of these articles, which was destined to create no little difficulty, was justified on the ground that they were not required to be furnished to troops in English barracks.'' When the Parliament assembled towards the close of the year, the government was, accordingly, far from satisfied with the conduct of New York. The provision bill was regarded gen- erally as little better than an open refusal to comply with the law.' Indeed, the governor had already been instructed to re- fuse his assent to all bills until proper provision for the troops was made ;" but in December the assembly was apparently unan- * 5 George III., ch. 33. iConslderaWe care was taken to bring these lawB within the provisions of the Petition of Rights. Cf. Grenville Papers, 3: 11, 12, 13. For a curiously inaccurate statement of this matter, see Walpole, Mem. George III., 2: 318. " Of. Speech of Pownall, Pari. Hist., 16: 831. Cor. of Wm. Pitt, 2: 186, 191. 'Col. Laws of New York, 4: ch. 1296. Moore to Conway, Jvme 20, 1766; New York Col. Doc, 7: 831. ''New York Col. Doc, 7: 831. ' "A spirit of infatuation has taten possession of New York ; their disobed- ience to the mutiny act will justly create a great ferment here, open a, fair field to the arralgners of America, and leave no room to any to say a word In their defense." Chatham to Shelbume, February 3, 1767. Cor. of Wm. Pitt, 3: 188. Shelburne replied that the general feeling was that the government ought to assert itself in the matter of New York. Two dlffieulties he foresaw: (1) The danger of creating a precedent for oppressive action; (2) The colon- ies may resist, and France and Spain are only waiting an opportunity to break the peace. February 16, 1767 ; tbid., 209. Of. SackvlUe to Irwin, February 13, 1767 ; Bist. MBS. Com., 9: Pt. 3, p. 26. ' "No bill will pass here in consequence of the late Instructions sent over, on •ccount of the suspending clause." Moore to the Lords of Trade, I^orember 15, 1766 ; New York Col. Doc, 7: 878. [54] THE ECONOMIC CRISIS OF 1768-1770 55 imous in its refusal to make any further concession,^" and in April, 1767, the king vetoed the provision bill that had been passed in July.^'^ In other matters the conduct of New York, and of the colonies generally,^^ was no less unsatisfactory. The same packet which brought letters from Moore regarding the conduct of the assembly carried a petition from the merchants praying for relief in certain specific points from the trade acts,^' a request which was regarded as a highly inappropriate method of expressing gratitude for the repeal of the stamp act, and which, to say the least, was most inopportune.^* The recom- pense to the sufferers from the November riots was thought to have been granted with an ill grace generally,^^ and, in the case of New York, it was not complete. More especially, the practice of sailing without letter-passes and the illegal trade with HoUand, which had been inaugurated in the one case and greatly increased in the other during the stamp act period, had not only not ceased after the repeal but was reported to have stead- ^'' In reply to the governor's message an address was presented in whicli the assembly refused. "The House was unanimous In their opinion, and I am fully persuaded that they not only hare given their own sentiments, but tljose of their constituents also." Moore to Shelburne, December 19, 1766 ; ihid., 883. " Col. Laws of New York, 4: ch. 1296. " "New York has drunk deepest, of the baneful cup of Infatuation, but none seem to be quite sober." Chatham to Shelburne, February 3, 1767 ; Oor. oj Wm. put, 3: 193. "At present the devil se'ems to have taken possession of their understandings." Bedford to Chatham, April 29, 1767; iiid., 251. "The colonies are growing worse and worse." Sackville to Irwin, February 13, 1767 ; Bist. MS8. Com., 9: Pt. 3, p. 26. Cf. Pari. Hist., 16: 402. "Moore forwarded the petition. Being sick, he neglected to examine it, but later acknowledged that it was an "improper representation." New York Col. Doc, 7; 920. "A petition Is come from New York signed by 240 persons." Cor.' of Wm. Pitt, 3: 186. "A petition just arrived from New York praying relief from the chief points in the act of Navigation." Sackville to Irwin, February 13, 1767: Hist. USS. Com., 9: Pt. 3, p. 26. ""The petition of the merchants of New York is highly Improper: in point of time, most absurd; in the extent of their pretensions, most excessive; and in the reasoning, most grossly fallacious and offensive." Chatham to Shel- burne, February 3, 1767; Cor. of Wm. Pitt, 3: 188. "The merchants here unanimously disavow the New York petition, and say that a Mr. Mly has . . . ktadled this Are." Shelburne to Chatham, February 6, 1767; "Sackville to Irwin, February 13, 1767 ; Bist. MSS. Com., 9: Pt. 3, p. 26. [55] 56 BECKEE NEW TOEK PARTIES, 1760-1776 ily increased.^" This condition of affairs, we are told, "has soured tlie minds of the people here, and occasions a great deal of dis- tress among the ministers, who must perceive how ill they are requited for that extraordinary indulgence with which they treated the last year these undutiful children. These affairs must come into Parliament, and will afford matter of triumph to those who foretold the fatal consequences of yielding to riot and ill-grounded clamour. "^^ The Parliament proceeded, accordingly, during the winter of 1767, to pass three acts, two of which were the direct outcome of the conditions just mentioned. The first was a law authorizing the king to place the collection of colonial customs in the hands of "commissioners," who were to reside in the colonies.^* The second was the so-caUed Townshend act, laying certain duties on the importation of glass, lead, painters' colors, tea, and paper, the proceeds of which were to be applied to the administration of justice and the support of the civil government within the provinces, and the enforcement of which was to be secured by writs of assistance issuing from the supreme court in each colony.^* The third was the restraining act, which suspended the legislative privileges of the New York assembly until "pro- vision shall have been made for furnishing the King's troops with all the necessaries required by law."^° The Townshend act was to become operative November 20, and the restraining act, October 1, 1767. While all of these laws were unpopular in the colony, their effect on all classes was not the same. The notion of resident " Moore to the Lords of Trade, January 14, 1767 ; New York Col. Doc, It 891. "I am well assured that a greater quantity of goods has been run without paying duties since the repeal of the stamp act than had been done In ten years before. Whole cargoes from Holland and shiploads of wines has [sic] been run, besides what is done in the usual way of smuggling." Colden to Shelbume, November 23, 1767 ; New YorTc Col. Doc, 7: 995. "Almost the whole trade of America is Illicit." Hood to Grenvllle, August 8, 1707; Orem>me Papers, 4: 335. "SackvlUe to Irwin, February 13, 1767; Hist. M88. Com., 9! Pt. 3, p. 26. "7 George III., ch. 41. ^^lUa., ch. 46. Tbid., ch. 59. Pownall opposed this act. Pari. Hist., 16: 331. The com- pilers of the Annual Register regarded It as a "moderate measure." Annual Register, 1767, p. 48. [56] THE ECONOMIC CEISIS OF 1768-1770 5T commissioners acted upon tlie minds of the radical leaders much as the prospect of stamp distributors had done formerly. The smugglers were not likely to relish the thought either of com- missioners or of writs of assistance; the fair traders were nat- urally opposed to the duties. From a broader point of view, alD classes were united in regarding the Townshend duties as a re-| vival of the stamp tax in a different form. Taken by itself,' there was little ground for opposition; when viewed in con- nection with the mutiny act and the restraining act there was perhaps some justification for the fear that taxation was merely preliminary to the total suppression of legislative independence. , The conduct of the assembly, and of the people generally, was quite different, nevertheless, from that which had prevailed two years before. The assembly had already made further provision for the troops before the restraining act became effec- tive, before, indeed, the news of the restraining act had reached America. June 6, 1767, an act was passed which, without men- tioning any of the articles required by the mutiny act, ordered 3000£ to be paid to the commander-in-chief for the purposes in question.^^ The governor signed the bill with hesitation, but afterwards appears to have regarded the measure as satis- factory;^ and when the assembly met, November 18, it was accordingly declared to have operated as a repeal of the restrain- ing act. The assembly proceeded, therefore, to perform its or- dinary functions, passing several laws, among others one mak- ing a further appropriation of 1500£ for the king's troops.^* Altogether the assembly had now voted, within the year, the sum of 4:500£, a larger sum by 500£ than was ever granted subse- quently during twice that period. On this point at least, it was supposed that nothing but commendation could be forthcoming " Col. LaiiM of Hew York, 4: cli. 1320. ^ In August Moore wrote that he had about determined to veto the act. It was at best, he thought, an "evasive proceeding." New York Col. Doc, 7: 948. In October he wrote that "the troops are supplied with all the articles men- tioned In the act of Parliament in as full and ample a manner as if they had been particularly specified in the Bill." IMd., 980. In December, after the second grant by the assemhly, he expressed his great satisfaction with the as- sembly. IMd. = Col. Laws of New York, 4: ch. 1328. [57] 58 BECKER NEW YOEK PARTIES, 1760-1776 from the government. The supposition proved well founded.^* The Board of Trade decided^'^ that New York had made a satis- factory provision for the troops, and that the acts of assembly passed after October 1, 1767, were valid. In due time the de- cision of the king was communicated to Governor Moore'^ in a letter from Hillsborough, who had already expressed his cordial appreciation of the conduct of the assembly.^'^ The readiness of the assembly to grant so large a sum was equaled only by the indifference with which the entire episode had been regarded by the people. The same indifference char- acterized the period when the Townshend duties became operative. While the merchants of Boston were forming a non-importa- tion association before the new law went into effect,^* the New York merchants took no step whatever in the matter until the spring of the following year. Even the Sons of Liberty were not stirred to the rioting fever either by the mutiny act or the Townshend act. The prospective appearance of the customs' commissioners alone seemed to arouse them. Late in December hand bills signed Pro Patria were circulated about the city urg- ing ' ' every votary of that celestial goddess Liberty ' ' to take the same "glorious stand" against "a set of gentry called commis- sioners" that had formerly been taken against "a set of mis- creants under the name of stamp masters."^' Nothing came of the affair, however, and as late as January 23, 1768, although the Farmers' letters were running in the Mercury,^" "Watts could write to Monckton that the colony had "grown the quintessence '' Grenville, nevertheless, could not see how "giving a sum of money to the crown, hut refusing to take the least notice of the Mutiny Act, can be called a submission to that act." Grenville Papers, 4: 260. == Report of the Lords of Trade, May 7, 1768 ; New Yorh Col. Doc, 8: 63. Of. ibid., 91. "o Hillsborough to Moore, August 13, 1768; New York Col. Doo., S: 87. 2' Hillsborough to Moore, April 15, 1768 ; ibid., 55. 28 The agreement was adopted at Faneuil Hall, October 27, 1767; mamifae- tures were to be encouraged ; the dutled articles were to be neither imported nor consumed; certain superfluities weire to be consumed in the smallest quantities possible. Annual Register, 1768, p. 67. Of. Mem. Hist, of New TorTc, Si 389. "Doc. Hist, of New York, S: 523. =°The seventh letter appeared January 25, 1768. New York Mercury, Jan- uary 25, 1768. [58] THE ECONOMIC CRISIS OF 1768-1770 59 of moderation — all its neighbors are writing intiamatory papers. "31 Such was the situation at the beginning of 1768, when the assembly, having sat for seven year, was dissolved February 6, and writs were issued for a new eleetion.^^ The election of 1768 has been touched upon in another connec- tion,3=' and here it will be sufficient to point out its importance in the development of parties in the revolutionary period. From this point of view, it reflected two main tendencies; the rising importance of the mercantile interest, and the reaction of the conservative classes from the violence of the stamp act period. Ostensibly the old party divisions reappeared; on one side the Livingston or popular party, on the other the De Lancey or court party. Since the last election, in 1761, when the Livingston faction had carried the day, the issue had so far shifted that Livingston was now deserted by many of His former supporters. One of the main elements of strength in the popular party had always been the legal profession. But the lawyers were now regarded with suspicion, at least by three classes of people. The conservative property owners charged them with having in- stigated the riotous proceedings that had troubled the city since the passage of the stamp act.'* And in a measure the charge was true. The leaders of the Livingston party were at first identified with popular resistance to that law, and John Morin Scott, who was now a candidate on the Livingston ticket, had gone so far as to assert that if measures like the stamp act were essential to the welfare of the mother country, then the connection between the colonies and England "ought to cease, 1 Chalmers' MSS., 3. Hillsborough spoke of the "repeated testimonies which the Assembly of New York has lately given of a disposition cheerfully to com- ply with his majesty's orders." Neiv York Col. Doc, S: 55. ^ Moore to the Lords of Trade, Ifebruary 26, 1768 ; 2fetc Yorlc Col. Doc., 8: 14. '^Cf. Chapter I. » Colden to Conway, February 21, 1766 ; New York Col. Doc, 7i 813. Col- den to Hillsborough, April 25, 1768 ; iMd., 8i 61. "The apprehensions which every person of property was under during the late commotions from the li- centiousne«s of the populace are not yet forgotten and I believe they would not willingly see those scenes of disorder renewed." Moore to Hillsborough, July 7, 1768 ; Hew York Col. Doc, S: 80. [59] 60 BECKER NEW YORK PARTIES, 1760-1776 and sooner or later it must inevitably cease. "^^ The mercantile interest felt very strongly that lawyers could not properly rep- resent a commercial city,^° while the Church was opposed to them because they were identified with the Dissenters.^^ Even the Sons of Liberty^ now sided with De Lancey; for while the conservative men of property charged the lawyers with having incited the stamp act riots, the extreme radicals charged them with having basely deserted the cause of liberty by opposing the plan of carryiQg on business without stamps.^* We may infer also, although there is no direct evidence that such was the case, that they were not pleased with the action of the assembly in granting money for the troops with so lavish a hand. The re- sult was that the De Lancey-mercantile-Church combination was easily successful; three of its candidates were elected, Philip Livingston alone of the old members retaining his seat. It was some weeks after the election, which was held the second week in March, that the merchants began at last to exhibit some interest in the Townshend act. Towards the end of the month, a letter was received from the Boston "Committee of Mer- chants,"^" and a number of meetings were held in the early weeks of April. One of them, at Bolton and Sigel's tavern, April 8, 1768, resulted in the foundation of the New York Chamber of Commerce, an association of twenty-four men en- gaged ia foreign trade, whose object was the ' ' encouraging com- merce, supporting industry, adjusting disputes relative to trade and navigation, and procuring such laws and regulations as may be found necessary for the benefit of trade in general."*" A ■" Quoted in Dawson, 'Westohester County, 70. The assertion was made in a series of articles signed Freeman, whicli ran in The New TorJc Gazette, 1765. =» Lenox Broadsides, 23, 24. " Colden to Hillsborougli, April 25, 1768 ; New York Col. Doe., 8: 61. Alex- ander McCrady to Sir Philip Francis ; quoted In Mem. Hist, of New York, 2i 466. =»To the Freeholders, etc., February 2«, 1768; a broadside bound with the Lenox Library copy of the New York Journal, 1768. Cf. Lenoso Broadsides, 23, 24. Leralre, Life of John Lamb, 41. "New York Journal, March 31. 1768; New York Col. Doc, 8: 09. "SYom resiolutions quoted In Mem. Hist, of New York, 4: 516. Cf. iUd., 2i 390. The original twenty-four members were : John Cruger, Eliaa Desbrosses, James Jauncey, Jacob Walton, Robert Murray, Hugh Wallace, George FoUlot, William Walton, Samuel Ver Planck, Theophylact Bache, Thomas White, An- [60] THE ECONOMIC CRISIS OF 1768-1770 61 non-importation agreement was evidently regarded as one means of attaining that object. In any case, a committee that had been appointed at one of the meetings of the merchants to ascertain the sentiments of the inhabitants, found all but unanimous ap- proval of such an agreement ; and by the middle of April, so we are told, "most of the merchants and importer's of goods have already subscribed to a voluntary engagement to each other that they will not sell on their own account or on commissions, nor buy nor sell for any person whomsoever, any goods (save a very few enumerated articles) which shall be shipped from Great Britain after the first day of October next, . . . pro- vided Boston and Philadelphia adopt ' similar measures by the first of June."*^ These measures unaccountably alarmed Gov- ernor Moore, who feared they would lead to ' ' fresh commotions. ' ' He twice laid the matter before the council, but that body was of the opinion that no danger whatever threatened the city, since the principal men concerned were men of character who were, moreover, perfectly free to dispose of their own property as they liked. The governor, nevertheless, believing that those who signed the association from fear were not disposing of their property as they liked, publicly proclaimed his intention of supporting "any one in his situation who should refuse to sub- scribe to it."" Meanwhile, the first of June passed, and no word came from Boston. The Boston merchants had entered into a non-importa- tion agreement as early as October, 1767, which was much less comprehensive than the one they were now asked to sign; and not until August did they formally accept the New York pro- posal.*^ Prom Philadelphia the only reply was an objection: thony Van Dam, Miles Sherbrooke, Walter Franklin, Robert E. Waddle, A. Thompson, Lawrence Kirtright, Tliomaa Randall, William McAdam, Isaac Low. Probably more than half of these men became loyalists. t^New York Journal, April 14, 1768. '''Moore to Hillsborough, May 12, 176S; Vew York Col. Doc, S: 69. MooPe added that "The association has s'nee been adopted by some and rejected by others." "The Boston agreement was entered Into August 1, 1708. The preamble recited the difficulties of trade, scarcity of money, trade acts, new duties, taxes for late war, bad com crop and poor prospect for whale fisheries ; "by which our principal sources of remittance are likely to be greatly reduced, and we thereby [61] 62 BECKER NEW YORK PARTIES, 1760-1776 the New York plan, it was said, would serve to create a monopoly by enabling the merchants with capital to lay in a large stock of the proscribed commodities before the agreement became effec- tive.** Such, obviously, was the case. Doubtless it is not neces- sary to assume that the leading importers deliberately used the non-importation policy for the sole purpose of filling their pock- ets at the expense of the people; the motives of individulas are rarely so simple as that, the motives of classes, never. The' pub- lic spirit of the merchants was doubtless as genuine as that of any other class. But it is a rare public spirit which does not ultimately draw its nourishment from some stratum, however deep down, of sub-conscious self-interest. It can hardly be sup- posed that the policy of non-importation appealed to the shrewd merchants of New York any the less strongly as a patriotic pol- icy, because there was bound up with it the possibility of mo- nopoly. They doubtless reasoned that since the chief burden of supporting such a policy fell to themselves (which was only half true) they were justified in taking advantage of whatever recompense the situation offered. Unquestionably, therefore, many importers found it expedient to enlarge their orders con- siderably during the six months that intervened between March and October.*^ It was perhaps for the purpose of meeting this objection half rendered unable to pay the debts we owe the merchants in Great Britain, and to continue the importation of goods from thence." The resolutions were to substance as follows: (1) To import no goods from Great Britain during tlie Fall, save what had already been ordered; (2) to import none from Great Britato from January 1, 1769, to February 1, 1770, except salt, coals, fish-hooks and lines, hemp, duck, bar-lead and shot, wool-cards and card-wire; (3j to purchase no goods imported by any one else contrary to (2) ; (4) to purchase no tea, glass, paper, or other goods commonly imported from Great Britain, which were brought in to Massachusetts from any other colony during the year 1769 \ (5) to import no tea, glass, ipaper, or painters' colors from Gre'at Britain after January 1, 1769, until the duties were withdrawn. Anmial Register, 1768, p. 23.5. "New York Journal, April 21, 1768. " "Expecting the non-importation which ensued, they purchased a double quan- tity of goods." Lord North in Parliament ; Pari. Hist., 16: 855. The statistics do not bear this out. Imports from England into New York for the years 1766, 1767, 1768, were 330,829£, 417,957£, and 482,930£, respectively. McPher- son. Annals of Commerce, 3: 456, 475, 476, 487; If the association became operative November 1, 1768, these figures show that the increase was more than normal, but by no means double. [62] THE ECONOMIC CRISIS OF 1768-1770 63 way, although Philadelphia did not accept their proposal, that the New York merchants met once more late in August, and sub- scribed to a new agreement, somewhat more elaborate than the old one, to take effect in some respects at once. The new associa- tion, which bears the date August 27, 1768, was said to have been signed by "nearly all the merchants and traders in town." It contained the following stipulations: (1) not to import, either for themselves or on commission, any more goods, with certain trifling exceptions, from Great Britain directly, until the duties were repealed, and to countermand all orders since August 16 by the first conveyance; (2) nor indirectly by way of any colony or the "West Indies after November 1; (3) not to import any more goods from Hamburg or Holland, directly or indirectly, except files and brick; (4) to store in warehouses all goods im- ported contrary to the agreement, there to remain until the repeal of the duties; (5) to treat as enemies those who violated the agree- ment.*° September 5, the retailers subscribed to a separate agreement neither to buy nor to sell any goods imported con- trary to the merchants* agreement, and to boycott publicly any retailer who should do so.''' If the provision making the agree- ment effective in part from August 16 was designed to meet the charge of monopoly, the provision regarding the Dutch trade was probably designed to prevent, in part at least, the smuggling from Holland. Thus early the two-fold weakness of the non- importation policy was manifest: if sufficiently comprehensive, it gave a monopoly to those who inaugurated it; if limited to England, it enriched the smuggler. For the present merchant and mechanic acted in unison, but within a year and a half the question of monopoly versus smuggling had hopelessly divided the mercantile interest. Meanwhile, the new assembly convened in November. The opening address to the governor expressed sentiments sufficiently cordial to satisfy not only Sir Henry himself but even the much "New York Journal, September 8, 1768. New York Mercury, September 12, 1768. Of. Grenville Papers, 4n 366, 369. "New Yorh Journal, September 15, 1768. Annual Register, 1768, p. 236. [63] ■64 BECKER NEW YORK PARTIES, 1760-1776 more exacting Earl of Hillsborough.** From the latter 's point of view, the main business of the new assembly was the annual grant for supplying the troops; and the attitude of the preced- ing assembly, and, until the middle of December, the attitude of the present one, gave no occasion to suppose there would be any difficulty on that head.*" But late in December the temper of the deputies changed. The provision bill was dropped.^" De- cember 17, a petition was addressed to the House of Lords com- ,. plaining that the laws of trade were destroying commerce, that I the jury system was threatened, that New York was about to ' lose its legislative independence.^^ December 31, a series of resolutions was passed which declared in the strongest terms the illegality of the restraining act, and the right of the assembly to ' ' correspond and consult with any of the neighboring colonies, or with any other of his Majesty's subjects . . . whenever they conceive the rights, liberties, or privileges of this House or its constituents to be affected. "^^ In support of the last con- tention, a committee of correspondence was appointed for the purposes expressed in the resolution. ^^ The conduct of the as- sembly surprised Moore and astounded Hillsborough,^* and there was on the surface some justification in the latter case if not in the former. The restraining act had never operated for a day; the provisioning of the troops may well have been considered settled; the jury system was as safe as at any time since the sugar act f'^ the right of correspondence was hardly, at this time, of first rate importance for New York; the Townshend duties had « Moore to HlUsborougti January 4, 1769; New York Col. Doc, 8: 143. HlUs- 'borough to Moore, March 24, 1769 ; iMd.^ 155. "New York Col. Doc, 8: 143, 155. ™ Moore to Hillsborough, January 20, 1769 ; New York. Col. Doc, 8: 147. '^Hist. MS8. Com., 14: Pt. 10, p. 69. Pari. Bist. 16: 603, 604. "^Quoted In Mem. Hut. of New York, 2: 396. "Mem. Hist, of New York, 2: 396. " "Very extraordinary proceedings and resolutions of the assembly." Hllls- torough to Moore, March 1, 1769 ; New York Col. Doc, 8: 154. "I am at a loss to conjecture what could be the cause of so extraordinary an alteration In the course of six weeks when no new event whatever had happened." Hills- borough to Moore, March 24, 1709 ; iUd., 155. "The reference to the jury system doubtless was to the recommendation of the Lords relative to the revival of the old statute of Henry VIII. Of. Pari Hist., 16: 479. S5 Henry Till, ch. 2. [64] THE ECONOMIC CBISIS OP 1768-1770 65 been collected for over a year without the slightest difficulty — almost without complaint.^^ To understand the assembly's sudden change of front, which so disconcerted Hillsborough, it will be necessary to touch upon some matters that were scarcely appreciated at their true value by the colonial secretary. The truth is that the full effects of Grenville's economic and fi- nancial legislation were now beginning to be felt. During the eighteenth century, the trade of New York had on the whole stead- ily increased." The character of that trade, and the routes by which it was carried, which changed but little during the century, were in their most important aspects as follows : From England there was imported all kinds of manufactured goods; from Ire- land, linen and canvas; from other European countries, salt. In return, the province exported to England naval stores, furs, and commodities secured from the West Indies, mainly cocoa, indigo and logwood; to Ireland, flax seed and staves; to the rest of Europe, grains, hides, lumber, and "West Indian products. To the "West Indies the principal exports were flour and all kinds of provisions, lumber, horses, and goods secured from England. In return, the foreign islands sent to New York rum, molasses, sugar, cocoa, indigo, logwood, cotton-wool, tobacco, while the British plantations sent enumerated commodities, rum, pimento, sulphur, hides, mahogany, and ebony.^^ The value of English imports was always greatly in excess of the exports to England, while the value of the exports to the islands and to Europe ex- •• "The obstructions complained of by Commissioners of his Majesty's customs . have never been occasioned by any thing which has happened In this province, nor has there been the least subject of complaint from the behavior of any person here, on account of the late duties Imposed." Moore to Hills- borough, August 18, 1768; Neno Tork Col. Doc, 8: 96. "From 1724 to 1728, the imports from England ranged between 63,000 £ and 84,000£ In value. New York Col. Doc, 5: 897. From 1764 to 1768, between 330,000£ and 515,000£. McPherson, Annals of Oommeroe, 3: 410, 435, 456, 457, 486. "Combury to Hedges, July 15, 1705; New York Col. Doc, 4i 1150. Hunter to Lords of Trade, August 11, 1720; (bid., 5: 556. Colden's account of the Trade of New York, January 18, 1737 ; ihid., 685 £C. Kennedy on the Trade of New York, January 18, 1737; ibid., 6: 127. Same for 1747; ibid., 393. Clinton to Lords of Trade, May 23, 1749 ; ibid., 511. Tryon's report, June 11, 1774 ; iUa., 8: 434. [65] 66 BECKER NEW YORK PARTIES, 1760-1776 ceeded the value of the imports from those places.^" The English balances were paid in bills of exchange on London and in the silver that was being constantly remitted, particularly from Curocoa and Jamaica, in return for flour which these islands took for the Spanish trade.®" With the exception of a few Lyon dollars, pieces of eight made up the bulk of the metal money in the province. The readiness of the colonists to buy goods from England, even beyond their ability to pay for them, resulted in a steady drain of this silver specie to Europe.®^ To maintain a medium for local trade and at the same time pay the English balances was therefore always a serious problem in New York; and this problem was solved satisfactorily during most of the century by the issue of bills of credit, which were made legal tender."^ Paper money was necessary not only to furnish a local medium of exchange but to prevent the decline of foreign trade as well; for when money became scarce, the resulting high rates of interest induced merchants to withdraw their capital from commerce and put it out at loan.®^ The necessity of paper had been recognized by the government, and the success of the colony in keeping the bills of credit "" statistics on imports and exports are in Anderson, History of Commerce, 4, and MePlierson, Annals of Commerce, 3, under tlie different years. 0/. New York Col. Doc, 5: 897; 8: 434. New York Mercury, May 21, 1770. Almon, Remembrancer, 1: 117. "Tlie trade of the West Indies is wliolly to the ad- vantage of this province, the balance being everywhere In our favor." Colden's Account, 1723; New York Col. Doc, 5: 685 fC. «»Combury to Lords of Trade, July 1, 1708; New York Col. Doc, 5: 55 ff. Burnet to Lords of Trade, November 31, 1724; iiid., 738. Clarke to Lords of Trade, June 2, 1738; iUd., 6: 116. Clarke to Newcastle, February 28, 1741; aid., 179. "But whatever advantage we have by the West Indian trade, we are so hard put to It to make even with England, that tEe money Imported for [from] the West Indies seldom continues six months in the province before it is remitted for England, the current cash being wholly in Paper Bills of the Province and a few Lyon dollars." Colden's Account, 1723; ibid., 5: 685 ff. '^New York Col. Doc, S: 557, 685, 738; 6: 116, 179. Cf. Annual Register, 1765, pp. 18, 19, 20, 21, 22. Examination of Benjamin Franklhi ; Pa/rl. Hist., 16: 130. Petition of London Merchants, January 17, 1766; ibid., 133. Res- olutions of the Stamp-Act Congress ; Niles, Princ of the Rev., 163. M Burnet to Lords of Trade, November 21, 1724; New York Col. Doc., 5: 735 ff. «= Clarke to Lords of Trade, June 2, 1738 ; New York Col. Doc, 6: 116. Cot. Laws of New York, Z: ch. 666. [66] THE ECONOMIC CRISIS OP 1768-1770 67 on a par -with, silver had not infrequently been a subject for special commendation."* Sucli was tlie situation when Granville's new policy was in- augurated. The sugar act of 1764 placed important restrictions upon the West Indian trade: the importation of rum was for- bidden, the new duties on sugar and molasses were still, prob- ably, prohibitive, and new duties were laid on indigo, coffee, wine, and silks; the duties were required to be paid ia silver.''^ In so far as the duties were prohibitory, they destroyed the prin- cipal market for New York flour — ^the chief export of the colony. The European market was still open, but the export of grain to England was burdened by heavy duties. All of the duties, whether prohibitive or not, operated to decrease the supply of silver money, at the same time that new demands for it were created by Grenville's legislation. These restrictions, it was as- serted, would destroy colonial commerce.'" In 1766 the English merchants stated that orders for goods were ceasing, and in Par- liament the claim that the American merchants were already in- debted to the English merchants upwards of 4,000,000£ was un- challenged."^ There was doubtless some exaggeration in these assertions;"* but it is unquestionable that the economic legisla- "New YorJc Col. Doc, 5: 514. In 1719 tli'e merchants petitioned against any- further issue of paper, claiming that depreciation would result. The ' Lords, of Trade thought that, on the contrary, "If the credit of the hills Is maintained' according to the tenor of the act, the trade of the province will be greatly.' encouraged . . . thereby, as It appears to have been since the first bills were Issued." nid., 522, 525. In 1723, Burnet wrote that paper was equal' to silver In New Tork. Tbid., 700, 736, 738. In 1766 Moore wrote : "They have- always kept up the credit of their paper currency." IWd., 7: 885. «».} George III., ch. 15. « Cf. Thatcher, quoted In Tyler, Am. Rev., 1: 55. Resolutions of the Stamp- Act Congress ; Nlles. Prin. of the Rev., 163. Annual Register, 1765, pp. 18- 22. Pari. Hist.^ 16: 133. '■•Part Hist., 16: 133, 205. Walpole, Mem. o/ Geo. Ill, 2: 210. The debt to the English merchants of "Several millions sterling," the Americans "Ab- solutely refused to pay, pleading in excuse their utter Inability ; which plea. It appears the merchants admitted to be reasonable." Awnual Register, 1766, p. 32. 67. ibid., 46.' " It Is difficult to see how the trade of the colonies could have been de- stroyed by the sugar act; and. the statement that the American debt was up- ward of 4,000,000 £ sterling seems excessive. For the English trade, the, [67] 68 BECKER NEW YOEK PARTIES, 1760-1776 tion of Grenville would have required a very considerable read- justment of colonial commerce, at least in the middle and north- em colonies. This readjustment was in fact greatly facilitated hy the English government itself, when the situation was once figures, gathered from McPherson, Annals of Commerce, 3: 339, 351, 365, 410, 435, 456, are, in round numbers, as follows : New Eng. New York. Pa. Md. and Va. Caro- linas. Ga. Totals. (Exports 1760-^ ( Imports (Exports 1761-^ (Imports ( Exports 1762-^ (Imports Exports 1763-^ Imports . . . (Exports 1764-^ (Imports Exports 1785 ■{ Imports Exports 1766- Imports £37,000 599,000 46,000 334,000 41,000 247,000 74,000 258,000 88,000 459,000 145,000 451,000 141.000 409,000 £21,000 480,000 48,000 289,000 58,000 288,000 53,000 238,000 53,000 515,000 54,000 382,000 67,000 330,000 £22,000 707,000 39,000 204,000 38,000 206,000 38,000 284,000 36,000 435,000 25,000 363,000 26,000 327,000 '£504,000 605,000 455,000 545,000 415,000 417,000 642,000 555,000 559,000 515,000 505,000 383,000 461,000 372,000 £162,000 218,000 253,000 254,000 181,000 194,000 282,000 250,000 341,000 305,000 385,000 334,000 293,000 296,000 £12,000 £758,000 2,609,000 5,000 24,000 6,000 23,000 14,000 44,000 31,000 18,000 34,000 29,000 53,000 67,000 846,000 1,650,000 739,000 1,375,000 1,103,000 1,629,000 1,008,000 2,247,000 1,149,000 1,942,000 1,041,000 1,861,000 (Exports. Totals. \ £6,644,000 13.253,000 Total Imports la excess of exports, £6,809,000. Tlie entire Engllsli balance, excluding the West Indian trade, and the trade to Europe outside of Great Britain, was thus about seyen millions for the seyen years. The British West Indian trade, and the European trade must have reduced this considerably. Further, the southern colonies imported from England less than they exported, and this excess would have opened a market for the northern colonies. The trade of the northern colonies might have" been adjusted to the sugar act, it seems, without great difficulty 'even without the aid which the government in fact gave them by the legislation of 1766, at least If some satisfactory solution of the paper money difficulty had been found. On the other hand, there is some indication that the official statistics of imports were too low, which may in part explain the alleged debt of the American merchants. In 1774, Tryon wrote : "If the brokers in Great Britain employed as shippers of goods were for one year obliged to give in the value of the goods when they apply for cockets, the exact amount of what the In- habitants of each colony take from thence would be easily ascertained . As the amount of the goods never appears on the cockets, no judgment 'can be formed of their value from the quality or number of pieces. Silks, iSt in- [m THE ECONOMIC CRISIS OF 1768-1770 69 clearly presented to it.«^ Aside from the repeal of the stamp act, the duty on molasses was reduced to Irf,™ the duty on grain sent to England was removed,'^ and some laws were passed en- couraging colonial manufactures/^ These measures must have relieved the situation greatly, since the imports from England, so far from ceasing, were greater than before." After 1766, therefore, the trade acts were scarcely a serious burden, save in so far as they constituted a drain upon the colony 's metal money. The importance of the trade acts can be appreciated, indeed, only in connection with Grenville's paper-money policy. Other colonies had been less successful than New York in preventing de- preciation, and in 1764 an act was passed by Parliament "to stance, come out from 25f. to 2sli. per yard, and in general the other articles differ in the same proportion . . . When no particular stop is put upon the trade with Great Britain, it is generally estimated here that the annual Imports from thence to this Colony amount on an arerage to five hundred thousand pounds sterling." Try en's Report, New York Col. Doc, 8: 446. " The commercial system of the colonies was described clearly In Parliament, probably for the first time, in the debate on the repeal of the stamp act. Gf. Pari. Hist., 16. ™ 6 George HI., ch. 52. T^IMd., ch. 3. 7 George III., ch. 4. "Bounties were offered for the importation of flax, hemp and lumber. 4 George III., ch. 36. 5 George III., ch. 45. ^ The figures for the years 1767-1770 are as follows : New Eag. New York. Pa. Md.& Va. Caro- linas. Ga. Total.0. ( Exports 1767] (Imports £128,000 406,000 £61,000 417,000 £37,000 371,000 £437,000 437,000 £395,000 244,000 £35,000 23,000 £1,093,000 1,898,000 Exports 1768] ( Imports 148,000 419,000 87,000 482,000 59,000 432,000 406,000 475,000 508,000 289,000 42,000 56,000 1,250,000 2,153,000 ( Exports' 1769] ( Imports 121,000 207,000 73,000 74,000 26,000 199,000 361,000 488,000 387,000 316,000 82,000 58,000 1,050,000 1,342,000 Exports 1770- Imports 148,000 69,000 28,000 435,000 278,000 5.5,000 1,013,000 394,000 475, 'JOO 134,000 717,000 146,000 56,000 1,922,000 ( Exports . Totals. ] 4,406,000 7,316,000 Total imports in excess of exports, £2,910,000. The decline in Imports for 1769 was the result of the non-importation agree- ments. McPherson, Annals of Commerce, 3: 475, 476, 486, 495, 508. [69] 70 BECKER NEW YORK PARTIES, 1760-1776 prevent paper bills of credit, hereafter to be issued in any of his Majesty's colonies . . . from being declared to be a legal tender in payment of money; and to prevent the legal tender of such bills as are now subsisting, from being prolonged beyond the periods limited for calling in and s'.nking the same."^* So far as New York was concerned, there was little need for such a law;'= in fact, there was every reason against it. Practically, however, the prohibition did not become effective until Novem- ber, 1768, since the issues of 1758', 1759, and 1760, together amounting to 260,000£, were to run imtil that time."* But the difficulty that would then arise was clearly foreseen. As early as 1766, Governor Moore presented the situation to the Board of Trade." The Board of Trade, however, went no further than to recommend that New York be permitted to issue 260,000£ in accordance with the provisions of the act of 1764 — that is, with- out making the bills a legal tender.'^ The assembly felt that such a privilege was no privilege at all,^" and, as there was reason for thinking that the government might make a proper concession before the present currency was sunk,^" nothing further was done in the matter for some months. Early in 1768, when nearly all the paper money, except the 260,000£ which was to expire in the following November, was "4 George III., ch. S4. '" Tlie only complaint 1 liave found was that bills paid into the treasury to be cancelled were sometimes fraudulently reissued. New York Col. Doc, 6: e99. " Col. Laws of A'ew York, 4: ch. 1059, 1082, 1120. New York Col. Doc, 7: 828. " "All the present bills will be sunk next year, and the country left without any medium of commerce, tor there has been very little silver to be met with since the interruption of the trade with fihe Spaniards, and at present the province is greatly distressed for want of a paper currency." Moore to Lords of Trade, March 28, 1766 ; ihid., 820. Moore was mistaken In the date. The paper was not to be called in until November, 1768. ™ Even this required special permission, since the governor was instructed to assent to no paper money bill whatever except in case of invasion. New York Docs., 7: 827, 843. "> It was thought that an issue of 130,000£ legal tender, to run five years would be the last that wag necessary. Moore to Lords of Trade, November 15, 1766; iUa., 878. ™ The Lords of Trade had written to Moore tliat before November, 1768, "The further sense of Parliament in respect to the American currency and the propriety of allowing it a legal tender, may be obtained." IWd., 844. [70] THE ECONOMIC CRISIS OF 1768-1770 71 sunk,*^ and the Townshend duties having been operative for two months, the money stringency began to yield its proper fruit The poorer classes were in distress. December 29, 1767, at al meeting iu New York city, there was appointed a committee "to| consider the expediency of entering iuto measures to promoti frugality and industry and employ the poor. ' '*^ In January thi committee reported in favor of using various home-made articles discouraging useless expense in wearing apparel and at funerals and during the winter there were further meetings and reports on the same subject.*^ The foundation of the Chamber of Com- merce, and the 'merchants' first non-importation association,' which have already been mentioned, were doubtless partly the result of the same conditions. Property declined in value, and the merchants could with difficulty find the means of paying the duties or of meeting their obligations in England. Under these circumstances, the currency problem was again broached by the governor. Aside from the economic need for a new issue of legal tender paper, ^he suggested that the permission to pass such an act would have an excellent effect in bringing the colony to a cordial support of the mutiny act.'* Hillsborough replied that the New York assembly should prepare a bill and present it to the king for his decision.*' When the assembly met in Novem- ber, the very month in which the entire paper money of the col- ony was to be called in, the prospect for relief was, therefore, as remote as ever. Meanwhile, the customs' commissioners at Boston had recently issued an order that was little likely to increase the prospect of a liberal supply bill for the troops. During the summer, Elliot, collector of customs at New York, was instructed for the future '^ The issue of 1737 was sunk in four parts, one each in April of tihe years 1765, 1766, 1767, 1768. Col. Laws of New York, 4: ch. 1214. "New York Mercury, January 18, 1768. »■ Lenox Broadsides, 23. " "Commerce here, as well as the ordinary seryices of government must very shortly be exposed to great inconvenience." A compliance with the wishes of the assembly "would be attended with such returns of duty and submission," etc. Moore to Shelbume, January 3, 1768 ; New York Col. Doc., S: 1. » Hillsborough to Moore, February 20, 1768 ; ilnd., 13. [71] 72 BECKEE NEW YORK PARTIES, 1760-1776 to accept nothing but silver in payment of the duties. Hitherto Elliot had granted the merchants very liberal terms, allowing them a week or ten days in which to settle. Not only had he never lost a cent by this procedure, but no practical opposition had yet been made to the duties themselves. It was now impos- sible to pay in silver because there was no silver in the province. The governor was of opinion that the order would "certainly occasion very great uneasiness here . . . and serve no other pur- pose than that of furnishing those who are inclined to be riotous with some pretense of complaint, and lay the foundation for future disorders."*" Hillsborough agreed, after the evil was done, that the order was unwise, but it was a matter for the treasury board, to which accordingly it was referred.*^ In this same month of August another difficulty of some im- portance, personal and trivial as it appears on the surface, had reached a climax : the dispute between Governor Moore and Gen- eral Gage over the question of precedence. It appears that the instructions to the commander-in-chief had rather vaguely given him precedence over the governors and other officials in the col- onies on occasions when he presided' at any general council of colonial officials. The governor's instructions, on the other hand, quite clearly placed him at the head of his own colony, and gave him precedence over all other officials in all civil functions. In March, 1768, Moore wrote requesting an interpretation;^' and in May, Hillsborough replied that he trusted the matter would be amicably settled without official ia- terference, and requested to know the occasion which had given rise to the dispute.'^ From Moore's reply in August it appears that the breach began on the occasion of the celebration of the king's birthday in June, 1767, and that it was completed in Feb- ruary, 1768, on the occasion of a military ball at which Gage had been given precedence by certain military officials who made the aiTangements."" The importance of the episode was that, taken 'O.Moore to Hillsborough, August 18, 1768; ibid., 96, 97. "'Hillsborough to Moore, October 12, 1768; ilid., 100. »» Moore to Shelbume, March 15, 1768 ; iiid., 15. ^ Hillsborough to .Moore, May 14, 1768 ; iUd., 73. " Moore to Hillsborough, August 19, 1768 ; ma., 97. [72] THE ECOKOMIC CRISIS OF 1768-1770 73 in connection with the mutiny act, the restraining act, and the Townshend act, it confirmed the fear, which was already present in many minds, that the government had nothing less in view than the substitution of arbitrary military rule for the existing/ civil government.''^ That nothing could be "more foreign to his Majesty's intentions" was, as Hillsborough assured Moore,"^ un- doubtedly quite true, but the effect was none the less unfortunate for all that. Throughout the year there was, in any case, an ob- servable change in the attitude of the people towards the soldiers, many public amusements in which they had heartily joined for the last thirty years being now given up."^ These conditions, it seems, might have prepared Governoi Moore at least for the resolutions which the assembly passed in December, and which, as we have already seen, so astonished Hillsborough. If one recalls the economic distress resulting from the financial stringency, and the popular suspicion and dislike of the soldiers resulting from the quarrel between Gage and Moore, the renewal of radical agitation against the mutiny act seems quite the most natural consequence. Shortly after the assembly met, the Sons of Liberty in fact formed the design of parading the streets with efSgies which in due course were to be burnt. Several times the magistrates frustrated the design, but ultimately it was accomplished. This expression of popular sentiment was followed by the promulgation of a set of instruc- tions to the representatives which were signed, apparently, by many people, though the governor assures us that most people jf any account refused."* Outside pressure of this sort, which " "The snspenslon of the legislative powers here was a measTire which very nuch alarmed the people . . . They were made to believe that this was )nly the first step toward the total abolition of the civil power In order to ntroduce a military government . . . These mistaken notions are again ■evlved . . . upon the present claims of the Commander in Chief of the orces." Moore to Shelbume, March 15, 1768 ; l^ew York Col. Doc, 8i 18. "Wew York Col. Doc, 8: 73. w "The Inhabitants . . . have already begun to behave toward them !the soldiers) with a coldness and distance too visible not to be remarked." few York Ool. Doc, 8: 99. Such quarrels were not confined to New York. Of. •an. Biet., 1«! 994. « Moore to Hillsborough, January 4, 1769, New York Col. Doc, 8: 143. [73] 74 BECKER NEW YORK PARTIES, 1760-1776 was not wholly confined to the eity,"^ eventually gave to the rad- icals the control of the assembly f^ in the words of the governor, it "intimidated" many members who would othervyise have voted for different measures. Intimidated is, however, hardly the word. Pressure from the Sons of Liberty, who, it must be remembered, had helped to elect the city members, came as the climax of a series of events which in themselves must have been nearly sufficient to give the radicals a majority. At least the merchant members, of whom there were many,' must have been extremely susceptible to intimidation of this sort when they re- called the scarcity of money, the new duties, the recent order of Collector Elliot, the "commissioners," and the writs of assist- ance. The truth is that the resolutions of December registered a protest against an economic situation that was rapidly becoming intolerable, and expressed a very genuine concern, which appear- ances to some extent justified, for the security of the colony's political privileges. Nevertheless, the resolutions were consid- ered seditious,^^ and on January 2, 1769, the assembly was dis- solved."^ The new election, which was held before the month was out, registered the popular approval of the conduct of the assembly, for the old members were returned almost to a man."' Curiously enough, perhaps, the only one of the four city representatives who supported the resolutions without reservation, that is Liv- ingston, was not returned, while the other three, who had voted for a substitute resolution, were elected. De Lancey had made an effort to cut out the resolution with respect to the right of correspondence, by substituting a resolution of protest against the restraining act only.^"" It was a distinction of little pop- "Cf. Instruction from Queens County. Onderdonck, Queens County in OUen Time., 42. '» "The assembly is composed of plain well-meaninB men, whose notions from their education, are extremely confined, their fears of being . . . pointed out as enemies of their country, engaged them in measures which they never wished to see adopted." Moore to Hillsborough, January 4, 1769; New York Col. Doc, S: 143. »' Hillsborough to Moore, March 24, 1769 ; iMd., 8: 156. •'The council voted 4-4 on dissolution. Ibid., 8: 143. "New York Mercury, .Tanuary 30, 1769. ""Jfem. Hist, of New York, 2: 396. [74] THE ECONOMIC CRISIS OP 1768-1770 75 ar interest. The matter of correspondence had arisen as a re- It of the Massachusetts circular letter issued nearly a year be- ►re/"^ the consideration of which the governors were in- racted to regard as sufficient ground for dissolution."^ Drop- ng the provision bill was the main thing in the eyes of the lople, and the re-election of De Lancey and his colleagues was confirmation of the assembly's conduct as a whole."^ Liv- gston 's defeat followed upon his refusal to become a candidate th the three old members."* In joining his fortunes with John orin Scott, he encountered the opposition to the lawyers and e Dissenters; both the merchants and the Sons of Liberty voted e De Lancey ticket; and Livingston, encumbered by his own lleagues, was defeated by a large majority."^ Two months later the merchants who had subscribed to the n-importation agreement found it desirable to appoint a com- .ttee of inspection.^"^ Whether the association had been oper- ive since September it is impossible to say. If it had, it is dif- »" February H, 1768. Cusliing, Works of Samuel Adams, 1: 1S4. "^ Hillsborough to the Governors, April 21, 1768; New York Col. Doc, S: 58. Pail, Hist., 16! 476 ff. »2 De Lancey had astonished the goTemment in January, 1769, by refusing :ouncll appointment. New York Col. Doc, S: 148. ^New York Mercury, January 9, 1769. Sedgwich, Life of LiV'ngston, 146. '^New York Mercury, January 9, 16, 23, February 6, 1769. John Chew to [liam Johnson, January 11, 1769 ; Johnson MSS., 17: 34. Lossing, Schuyler, 286. Lenox Broadsides, 24, 25. Broadsides, 1. Watts to Monckton, Feb- ry 6, 1739 ; Chalmers' MSS., 3. New York Col. Doc, 8: 170. Van laack, Uje of Van, Schaack, 10. "New York Journal, March 9, 18, 1769. The names of the committee are given. De Lancey, in his edition of Jones' History of New York, (3: 438) ss a list of twenty-four names, with a. reference to the Neto York Journal, (tember 8, 1768. I do not find in the Journal of that date, any indication t a committee was appointed at that time, nor any list of names. Further, statements in the Journal of March 9, 16, 1769, indicate that no committee 1 been appointed np to that time. The list given by De Lancey is as fol- s : Isaac Low, James Desbrosses, John Alsop, John Broome, William Nell- , Theodorus Van Wyck, Walter Franklin, John Murray, Jacob Walton, jophylact Bache, Thomas Franklin, Jr., Samuel Ver Planck, Isaac Sears, er Van der Voort, Th. W. Moore, Henry Remsen, Jr., J. H. Cruger, John - irman, Jr., Thomas Walton, P. T. Curtenius, Herbert Van Wagenen, Joseph 1, Edward Laight, Charles McEvers. This list is undoubtedly the correct , for in June, 1770, "The Committee of Inspection," published some resolu- is which were signed by the members of the committee ; there were twenty- names, one member was out of town, two had resigned ; and this list Is itical with that of De Lancey, De Lancey's list probably being copied from New York Journal, July 5, 1770. [75] 76 BECKER NEW YORK PARTIES, 1760-1776 ficult to understand why a committee was not appointed at that time. Besides, the importations from England in 1768 exceeded those of 1767 by 65,000£. On the other hand, the association definitely declared that the direct importation of English goods was to cease at once, and the indirect importation from Novem- ber 1; and the increase in importations for the year 1768, may very well have represented the extent to whfch the merchants had stocked up in view of monopoly prices. In any case, the ap- pointment of a committee was quite in harmony with the as- sembly resolutions of December, and the victory of the merchants in the January election. The composition of the committee shows that the mercantile interest was still undifferentiated into radicals and conservatives. There was, for instance, on the com- mittee list, the name of Isaac Sears, one of the most hot-headed radicals who ever disturbed the peace of New Tork,^"' coupled with that of Theophylact Bache, who afterwards became a loy- alist.^"' The contrast is, indeed, typical, though there were more of the latter sort than of the former on the committee. In truth, the rough differentiation of classes into radical and conservative factions, which had been effected by the stamp act episode, had largely disappeared; from 1766 to 1769 the issues had been so various, and in some cases so disparate, that distinct party align- ment can hardly be said to have existed. But during the year 1769, and the winter of 1770, conditions were preparing for a more definite and a more lasting separation of radical and con- servative elements. The non-importation agreement brought prominently to the front the old issue of the stamp act period, the issue taking, in this instance, the form of monopoly versus smuggling; while the currency question ultimately produced a renewal of mob violence which served to unite once more those who had property rights and political privileges to protect. We shall now trace the events that led to the accomplishment of this result. The new assembly was soon summoned lDy the governor, who '"^ Besides Sears, the principal radicals were Van der Voort, Remsen, and Curtenlus. >™ Others who hecame loyalists were: Low, Alsop, Laighf, McEvers. [76] THE ECONOMIC CRISIS OP 1768-1770 77 oped that a better temper might characterize its deliberations."* 'he hope was realized, if at all, only to a very slight extent.^^" 'he new assembly confirmed the resolutions of December,^^^ nd instructed the speaker to thank the merchants for the non- nportation agreement.^^^ Its opposition to the lawyers was egistered in a resolution to exclude the judges from sitting in lie assembly,^^^ and the determination to secure relief from the urrency stringency was reflected in a proposed bill to remit 20,000£ in bills of credit"* On the other hand, the wishes of tie governor were met with respect to provisioning the troops, ,800£ being granted for that purpose/^^ This measure, as loore assured the colonial secretary, was nevertheless intimately ssociated with the prospect of a paper currency ;^^° it was a ireliminary concession in return for which the king's approval f the bills of credit act was confidently expected. Golden, who ucceeded upon the death of Moore in September,^^^ assured the ;overnment, indeed, that the grants to the troops would be reg- ilarly made in future only on condition that the financial strin- eney be relieved."^ Meanwhile the proposed bill was sent over or the inspection of the king ; unaccountably delayed, it was not eceived until November,^" and at the close of the year it was till awaiting the decision of the Privy Council.^^" This delay was unfortunate in the highest degree. For when tie assembly met again in November, whereas it might justly •°» First Tuesday in April. New York Col. Doc, 8: 157. "» Moore complains of tlie stubbomess of the assembly and the supineness of le council. New York Col. Doc, 8: 157. "' Hillsborough to Moore, July 15, 1769 ; iUd., 176. "2/M(i., 176, 19'4. ^'Ilid., 8: 194. Col. Laws of New York, 5: ch. 1435. "'A'ew York Col. Doc, 8: 195. Moore strongly urged the policy of allowing le bill. "The miseries of the people increasing to such a degree as to he past redlbility." IMd., 169. 1" Col. Laws of New York, 4: ch. 1386. ""A paper currency would be "of infinite advantage to the province, hy labling It to grant the proper supplies." Moore to Hillsborough, July 11, rea; New York Col. Doc, 8: 175. Cf. lUd., 169. ^'•JWd., 187, 188, 189. New York Mercury, September 18, 176&. "» Golden to Hillsborough, October, 4, 1769 ; New York Col. Doc, S: 189. '^'New York Col. Doc, 8: 176, 190. "» Lords of Trade to the Privy Council, December 28, 1769 ; New York Col. oc, S: 195. [77] 78 BECKER NEW YORK PARTIES, 1760-1776 have been expected that the king's decision would be known, all that Golden could communicate was Hillsborough's acknowledg- ment that the bill had been received. There was, therefore, no prospect of a paper currency during the present session, and the possibility of a provision bill was correspondingly remote. But, unknown to the assembly, concessions on another point had been promised. In May, Hillsborough had written to Moore that "his Majesty's present administration have at no time entertained a design to . . . lay any further taxes upon America for the purpose of raising a revenue, and . . . it is at present their intention to propose in the next session of Parliament to take off the duties upon glass, paper, and colors, upon consideration of such duties having been laid contrary to the true principles of commerce. "^^^ Golden was bent upon securing a provision bill at any cost, and contrary to his instructions, he communicated this intelligence to the assembly in his opening address.^^ But the provision bill was now too inseparably bound up with the currency act for this intelligence to have much effect upon the assembly. Nearly a month passed without so much as a discussion of the subject.^^' Golden was privately given to understand that no supply bill could be passed unlfess he prom- ised to sign a paper money bill without waiting for the king's approval. ^^* Meanwhile, Hillsborough had written again stating that there were objections to the bill that had been sent over, from which its rejection by the council was the most likely in- ference.^^'' Under these circumstances. Golden, supported by the council, resolved to violate his instructions a second time ; on con- dition that the new law should not become effective till the fol- lowing June, which would give the king ample time to pass upon it, he promised his signature.^^' Both bills were then '2' Hillsborough to the Governors, May 13, 1769 ; nid., 164. May 1, the Cabinet, by a Tote 5-4, had authorized the Secretary of State to make this statement "In his correspondence and conversation." Duke of Grafton's MSS. memoirs; Mahon, History of England, 5: Appendix, 37. "2 Hillsborough to Colden, January 18, 1770; Neiv York Col. Doe., Si 201. ^''Colden to Hillsborough, December 16, 1769; iMd., 193. »2* Colden to Hillsborough, January 6, 1770; iUd., 199. >^» Hillsborough to Colden, December 9, 1769 ; iiid., 193. 1^ Colden to Hillsborough, April 25, 1770 ; iWd., 212. Of. ibid., 198. [78] THE ECONOMIC CRISIS OF 1768-1770 79 assed by the assembly.^^^ The currency act nevertheless con- fined the same features to which Hillsborough had objected 1 the former bill, and the provision bill, although it provided dat one-half of the sum granted should be paid out of the now aper currency, received a bare majority.^^^ All that the lieuten- nt-governor received for his pains was a scathing letter from lillsborough,^^^ and both currency bills received the king's eto,^^" which was published in New York in April.^^^ The economic situation had now reached a crisis. For over a ear the colony had been without any legal tender money save tie Lyon dollars, now rarely seen.^^^ Spanish silver, which had lever been a legal tender, was wholly insufficient to serve as a aedium, even if freely accepted, as it undoubtedly was.^^^ To he business stagnation which everywhere prevailed, the non-im- lortation agreement, the enforcement of which was doubtless ;reatly helped by the lack of money, contributed much.^"* The lemands of creditors resulted in the sale of proper-ty at a half or , third of its value,^^^ the prisons were filling up, and, for the irst time in many years, it was necessary to pass a law for the elief of imprisoned debtors.^'* Under the circumstances the irovision bill, safeguarded as it was, and the failure of the cur- ency act, inevitably precipitated a tumult. Once more the eaders of the Sons of Liberty resorted to mass-meetings and aoboeracy; rioting and effigy-burning became the order of the "'January 5, 1770. Ool. Laws of Neto YorTe, 5: ch. 1422. The preamble f the currency act gives the reasons for its passage. The amount was 120.000 £. jceivable at the Loan Offices for 14 years, and at the Treasury for 15 years. Mtf., 1423. "'Weio YorTt, Col. Doc, 8: 199. '» February 17, 1770; iUd., 205. i»> ma. 1" Golden to Hillsborough, April 25, 1770 ; Ibid., 212. 1=2 Moore to Hillsborough, May 14, 1768 ; ibid., 72. "= Moore to Lords of Trade, March 28, 1766 ; ibid., 7: 820. iMThe imports from England dropped from 482,000 £ in 1768 to 74,000 £ in 769. McPherson, Annals of Commerce, 3: 486, 495. The lack of specie un- oubtedly helped to enforce the non-importation agreement. Of. Colden to Hills- orcragh, October 4, 1769 ; New York Col. Doc, 8: 189. 18S "j^ii our funds are exhausted, and the scarcity of money so great that a irm of sixty acres of land with a dwelling house and . . Improvements shall be sold ... for ten pounds." Colden to Hillsborough, uly 11, 1769 ; New York Col. Doc, 8: 175. Of. ibid., 169. "'Col. Laws of New York, 5: eh. 1463, ch. 1480. [79] 80 BECKER NEW YORK PARTIES, 1760-1776 day; and for two months the long-gathering hostility to the soldiers, and to those who had voted to furnish them with sup- plies, was hardly to be restrained. The introduction of the provision bill was the signal for the out- break.^" December 16, 1769, there appeared the famous hand- bill entitled To the Betrayed Inhabitants of the City amd Colony of New York, signed A Son of Freedom.^^^ The highly inflam- matory tirade charged the representatives with having betrayed the liberties of the country; De Lancey in particular was de- nounced for having formed a coalition with Golden for the pur- pose of maintaining his iufluenee ia the assembly. "What I would advise to be done," the author said in conclusion, "is to assemble in the fields, on Monday next where your sense ought to be taken on this point ; notwithstanding the impudence of Mr. Jauncey in his declaring ia the House, that he had consulted his constituents and that they were for giving money. After this is done, go in a body to your members and insist in their joining with the minority to oppose the biU ; if they dare refuse your just requisition, appoint a committee to draw up a state of the whole matter, and send it to the speakers of the several Houses of Assembly on the continent and to the friends of our cause in England, and publish it in the newspapers that the whole world may know your sentiments." Almost simultane- ously, probably on the 17th, a second sheet, entitled To the Pub- lic, made its appearance, which also urged the people to assemble in the Fields.^^' By 12 o'clock on that day, some 1,400 people had collected, and, having appointed John Lamb to propound the necessary questions, it was decided by a large majority that money should be voted to the troops under no circumstances whatever.^*" The resolution was presented to the city represent- atives by a committee of ten, but De Lancey and his colleagues replied that "they were of opinion that a majority of the inhab- itants were disposed to give money to support the troops.""^ is'JTcw York Col. Doc, 8; 199. '"Broadsides, 1. LenocB Boradsides, 27. Doc. Hist, of New York, 3: 52S. Dawson, The Park and its Tioinlty, 25. '"Broadsides, 1. Doc. Hist, of New York, 3: 534. >"2fetc York Mercury, December 25, 1769. >« Tbid. [80] THE ECONOMIC CEISIS OF 1768-1770 81 This event did much in itself to revive the enthusiasm of the Sons of Liberty; but far more was effected to that end by the attitude which the government thought necessary to assume in the matter. Proclamations were issued offering rewards for the apprehension of the author of the broadsides, and information furnished by James Parker resulted in the arrest of Alexander MacDougall, who, refusing to give bail which he might easily have obtained, remained in jail eighty-one days, when he was dismissed without trial."^ Among the radicals, MacDougall at once became the hero of the hour. Prom the vantage point of the New Goal, he wrote letters to the public,^*' appointed special hours for receiving the crowds that came to see him,^** and con- sciously posed as the Wilkes of America.^*^ Golden assured the Earl of Hillsborough that the meetings of the Sons of Liberty were small and disappointing to their lead- ers, but that the provisioning act was nevertheless extremely un- popular, and that strong measures in the ease would doubtless cause more harm than good.^*" However that may have been, the newly aroused ardor of the Sons of Liberty found further vent in the final struggle with the soldiers over the liberty pole. The liberty pole had been erected in 1766 to commemorate the re- peal of the stamp act. It proved an eye-sore to the soldiers, who cut it down several times only to see it as often restored.^*^ January 16, 1770, the Sons of Liberty issued a broadside criticising those who employed the soldiers instead of the poor who needed work, "2 76i(Z. Boc. Hist, of New Tork, 3: 532, 534, 535. Thomas, Hist, of Print- ing, 2: 260-262. '*> MacDougall to the Freeholders, etc., December 22, 1769, and January 26, 1770 ; Broadsides, 1. '" Quoted In Dawson, The ParJc and iHs Viainity, 32. "' "Could easily have found the hall required . . but he chose to go to Jail and lies there Imitating Mr. Wilkes In Everything he can." Golden to Hills- borough, February 21, 1770; New York Col. Doc, 8: 208. The Asseimbly res- olutions were copied at page 45 of the Journals, and "No. 45," became the watch word of the Sonis of Liberty as It was of the frieinds of Wilkes. Dawson, The Park and its Vicinity, 31. The address of Wilkes to the freeholders of Middlesex was reprinted In New York. New York Gazette, June 11, 1770. The Case and Trial of John Peter Zenger was also reprinted. New York Mer. cwry, March 29. 1770. i"2Vejp York Col. Boc. S: 199, 206, 212. "' Cf. Dawson, The Park and its Vioinity, 21 S. Dunlap, Hist, of New York, 1: 433. 6 [81] 82 BECKER NEW YORK PARTIES, 1760-1776 and calling a meeting at the liberty pole the next day. That night the soldiers again destroyed the pole. On the night of the 18th, some soldiers, whilel posting some broadsides entitled Six- teenth Begimeia of Foot, were seized by Isaac Sears and others, and taken to the mayor's office; an attempted rescue resulted in the affair of Golden Hill, in which, it is sometimes claimed, the first blood of the Revolution was shed."^ Golden reported a "few bruises" on either side."^ The renewal of mob- violence on the part of the Sons of Liberty, accompanied as it was by some meetings of the same faction for the purpose of instructing the representatives on certain meas- ures then before the assembly ,^^° resulted in a closer union of property owners and conservative men of all classes. The posi- tion of Golden was strengthened, and many who had opposed the supply bill came to regard that measure with less disfavor."^ Broadsides appeared supporting the granting of money to the troops,"^' ridiculing the Sons of Liberty, and satirizing Mac- Dougall as a noisy Irish upstart.^'^^ The growing conservatism was fairly voiced in a four-page hand bill entitled The Times, which came out in January."* "May it not be," says the author, "that the frequent notices to meet at Liberty pole, the violent rage and resentment which some people have endeavored generally to excite against soldiers, pretended to proceed from "' Broadsides, 1. Lenox Broadsides, 27, 28. ^ew York Oasette, February 5, 1770. Cf. Leake, Life of John Lamb, 54, 55, 58, 59. MOQaei/ne of Am. Hist. New Series, 5: 1 ft. A new pole was Anally erected on private ground. New Tork Mercury, Febvuai'y 5, 1770. New York Journal, February 8, 1770. ^^New York Col. Doc, 8: 208. i»??ew York Mercury, January 8, 22, 1770. Advertisement, January 5, 1770; Broadsides, 1. Cf. above Chapter I. 151 "^ disappointed faction . have drawn upon themselves a general detestation." Colden to Hillsborough, April 25, 1770 ; New York Col. Doc, S: 213. "The principal inhabitants are now heartily united in favor of Gov- ernment." IMd., 217. After the affair of Golden Hill, "a very respectable num- ber of the principal citizens publicly met together, and sent 42 of their num- ber to the mayor, to assure the magistrates of their assistance." Colden to Hillsborough. February 21, 1770 ; ibid., 208. "' A Citizen's Address, December 18, 1769 ; Broadsides, 1. Lenox Broadsides, 27. 163 News from the Liberty Pole ; Lenox Broadsides, 27. Of. The Douglead, a series of articles satirizing MacDougall, N£w York Mercury, April 9, to Jun'e 25, 1770. "* Signed, A Merchant, not dated. Broadsides, 1. Lenox Broadsides, 28. [82] THE ECONOMIC CRISIS OF 1768-1770 83 a love of liberty and a regard for the interests of the poor: do all tend to the same end . . . may not — no money to the troops— who-raw for balloting — employ no soldiers — all mean the same thing . . . ? If we cannot bring a disturbance and kick up a dust in one way, we must in another, and if we can- not render Mr. Golden 's Administration odious and breed dissen- tion and animosities ... all our hope in a future election will be blasted and the commercial interest — terrible calamity ! will prevail against the ambitious lawyer and keep him out of the . . . assembly." In this conservative reaction the majority of the merchants were now ready to take part. During the stamp act period, some of the leading merchants had opposed the violent action of the Sons of Liberty as well as the plan of carrying on business without stamps ; as a class they were, however, largely identified with the radicals, and neither the elections of 1768 and 1769, nor the formation of the non-importation association, had re- vealed any hostility between fair trader and smuggler, or be- tween merchant and mechanic. But by the spring of 1770, the unity of the industrial interest had disappeared; the merchants and importers of wealth and standing were prepared to take a frankly conservative attitude; the mechanics and artisans, the merchants and importers whose profits were largely identified with smuggling, held fast to the radical program, and constituted the rank and file of the Sons of Liberty. This breach was form- ally complete in July, 1770, when the merchants voted to modify the non-importation agreement which they had signed in Aug- ust, 1768, and the stand which they then took was partly due to the fact that they were losing all sympathy with the violent and spectacular methods of the radicals — methods which had been so strikingly exhibited in December .and January. But that was not the only consideration that determined their conduct; the principal cause of the modification of the non-importation as- sociation was the failure of the non-importation policy. The association of 1768, it will be remembered, prohibited importations either from England or Holland, with certain un- important exceptions. If the agreement were enforced it would [83] 84 BECKER NEW YORK PARTIES, 1760-1776 operate beneficially for those who possessed sufficient capital or credit to provide themselves with a large stock of goods be- fore the date at which the agreement became effective ;^=' if it were only partially enforced it would of course operate benefici- ally for those who were willing to break it. So far as the im- portation of goods from England was concerned, the association was observed more rigidly in New York than in Pennsylvania or New England. The value of New York imports for the year 1768, was approximately 482,000£; for the year 1769, approx- imately 74,000£. A comparison of values for several years pre- vious to 1768, and subsequent to 1769, shows no such differences, but generally a slight increase from year to year.^'" The drop in 1769 can have had but one cause — the association.^" With respect to the Holland trade, it is unquestioned that smuggling was not seriously interfered with by the association. ^°* The vagabond trader, who regarded neither the associaition nor the British trade acts, found the association a source of great pro- fit. For the time being, the fair trader who had goods on hand in August, 1768, found it a source of profit also. The differ- ence was this: the fair trader's monopoly was temporary, and even while it lasted was weakened by the prevalence of smug- gling, but the smugglers' advantage was permanent, and it be- came greater than ever when the fair trader was sold out. Be- fore the year was out the association had ceased to be an advan- 1S5 "You have had one trial ol a non-importation agreement . . Were the prices of goods raised on you then? . The honor of the merchants . . obliged you to taice old, moth-eaten clothes that had been rotting In the shop for years^. and to pay a, monstrous price for them." Seabury, Free Thoughts, 10. Cf. Freeman of Connecticut ; New York Gaxette, August 6, 1770. Lord North made the same charge. Pari. Hist., 16: 855. «'0/. McPherson, Annals of Commerce, 3: 339, 351, 365, 385, 410, 435, 456, 475, 486, 495. Almon, Remembrancer, 1: 117. "' I find few instances of the seizure of goods imported contrary to the Association. Cf. New York Col. Doc, 8: 222, 225. Neio York Journal, July 5, 1770. '=' Cf. Barre on export of Tea. Pari. Hist., 16: 873. "There neyer was im- ported more tea than in the last year, either directly from Holland or by way of the Dutch West India islands." Pownall's speech, April, 1769 ; Pari. Hist, 16; 619. "It is well known that little or no tea has been entered at the Customs House for several years. All that is imported is smuggled from Holland, and the Dutch Islands in the West Indies." SeaburyV Free Thoughts, 10. "In New York they Import scarce any other than Dutch teas." Oal. Home Office Pap., 1770-1772, No. 827. Cf. also New York Col. Doc, 8: 446, 487. [84] THE ECONOMIC CRISIS OF 1768-1770 85 tage to the fair trader, but the profits of the smuggler were daily increasing. For those merchants who observed the association, there was another source of dissatisfaction with the non-importation policy. Before signing the agreement of 1768, a point had been made of securing the cooperation of Boston and Philadelphia; but as time passed it became clear that in neither place were the re- strictions being satisfactorily observed. There is considerable contemporary evidence, mostly prejudiced it is true, that Boston in particular was more active in "resolving what it ought to do than in doing what it had resolved.""" The value of New England imports from England for 1768 was approximately 419,000£, for 1769, approximately 207,000£."'' The Penn- sylvania figures for the same years are 432,000£, and 199,000£ respectively.^"^ Nothing is more certain than that the laxness with which the association was observed at Boston was one of the principal considerations in inducing the New York mer- chants to take the first step in its abolition. That laxness, how- ever, was of no disadvantage to the Holland smuggler; indeed,, it gave him additional opportunities for plying his trade with- out detection. The New York merchants were convinced, tO' use their own words, that the association no longer served "any other purpose than tying the hands of honest men, to let rogues,^ smugglers, and men of no character, plunder their country."^"'' The coming breach between radicals and conservatives in the matter of the importation policy was clearly forecast in March, 1770, on the occasion of the annual celebration of the repeal of iM Jlew Yorlt, Journal, August 30, 1770. New York Qaxette, supplement, re^ printed from the Mercury, August 13-27, 1770. Defections at Boston led to. special efforts to improve matters. New York Journal, February 1, 8, 15, Marcli> 1, 1770. Cf. also, New York Mercury, September 3. 1770. Bist. MSS. Oom., lOt Pt. 1, p. 422. Orenville Papers, 4: 485. "™McPberson, Annals of Commerce, 3: 485, 495. Almon, Remembrancer, l: 117. ^<^ McPherson. Annals of Commerce, 3: 486, 495. "^yew York Mercury, August 30, 1770. Tryon speaks of the difference in sentiment expressed "by good citizens and fair traders, by men of cool sense and Just discernment, on the one hand, by fraudulent dealers, artful smugglers, Inflammatory politicians and patriots on the other." New York Col. Doc., 8: 407. [85] 86 BECKEE NEW YORK PARTIES, 1760-1776 the stamp act. Previous to 1769,"' there had been a cordial cooperation of all classes in this event; merchant, mechanic, lawyer, and land owner alike had assumed for the day the title •of Sons of Liberty}'''^ But in 1770, there were two celebrations, and the political significance of the division is obvious. As the day approached, the radical leaders posted a notice calling a meeting of the Sons of Liberty at Montagnie's as usual, but without consulting that gentleman.^^^ Montagnie had, however, already engaged his house to the other party, a fact which he pubUely announced m the Journal;^^^ and in the same issue there appeared a notice that "the Friends of Liberty and Trade, who formerly associated at Bardins ... to celebrate the . . . repeal . . . are requested to meet ... at the home of Mr. Abram de la Montagnie. ' '"^ The radicals, thus ex- cluded from the usual place, finally secured the "corner house on the Broadway, near Liberty Pole, lately kept by Mr. Edward Smith,"- — a fact which was publicly announced "to all the Sons of Liberty. "^^^ Both. dinners were well attended, though a war of words ensued on that point,'^''^ and each party claimed to be the genuine Sons of Liberty. A comparison of the toasts re- veals the difference between them very clearly. "With three or four exceptions the two lists were identical : the Sons of Liberty drank a toast to Mac Dougall and visited him at New Goal, while the Friends of Liberty and Trade did neither; the Sons of Lib- erty drank to "a continuance of the non-importation agreement until the revenue acts are repealed, ' ' while the Friends of Lib- erty and Trade drank to "trade and navigation and a speedy removal of their embarrassments.""" A list of those who at- "= There was a division In 1769, but it appears to have been the result of rivalry between the radical leaders, particularly Sears and MacDougall. New York Journal March 1, 1770. "« Of. New York Mercury, March 9, 16, 23, 1767. •"JMcJ., February 5, 1770. ^"New York Journal, February 8, 1770. Dawson, The Park and its Viein- ity, 42. ^"''New York Journal. February 8, 1770. '•s/SieJ.j February 15, 1770. "» IMd., March 29, Ajpril 5, 12, 1770. ^Neio York Mercury, March 26, 1770. Of. New York Journal. March 29 1770. [86] THE ECONOMIC CRISIS OP 1768-1770 87 tended at Montagnie 's, which has fortunately been preserved/" shows that the Friends of Liberty and Trade were the leading merchants and property owners of the city. Obviously, they differed from the Sons of Liberty in two respects; they had no sympathy with the spirit of agitation which the "Wilkes of America" represented; and they felt that trade was being un- duly sacrificed to the zeal for liberty. They were friends of trade as well as of liberty, and for the future they were deter- mined to search for a formula that would make for their in- terests without surrendering their principles. ^^^ The event was now approaching which was to furnish the occasion for taking some practical action. It had long been known that the ministry was considering the repeal of the prin- cipal parts of the Townshend duties; Hillsborough had written as much to Moore in May, 1769, and in November, Coiden had communicated this intelligence to the assembly.^^^ In April, 1769, Pownall had in fact moved the repeal of all the duties, but the ministry had secured a postponement until the next session.^^* It is not surprising, therefore, that a letter from Boston to the New York merchants in December, 1769, "exhorting them to enter into a new resolution of not importing any British manu- factures," was "passed over without the least notice. "^^^ In March, 1770, the matter of repeal again came up in Parliament. Pownall, who expected to renew his previous motion, gave way to the ministry, who thought themselves "pledged, by the Earl of Hillsborough's letter, to move for a repeal. "^^^ Accordingly, March 5, 1770, Lord North moved the repeal of all the duties m The writer who denied that there were 300 at Hampden Hall, gave a list of 233 who met at Montagnles. The list Includes the names of : John Cruger, Thomas Jones, Oliver De Lancey, John Alsop, John H. Cruger, William Walton, Theo. Baehe, George FoUiot, Isaac Low, Leonard Llspenard, James Beekman, Gab- riel Ludlow, Peter Van Schaack, Edward Laight. There were some who after- wards joined the extreme radicals : Leonard Llspenard, Daniel Dunscomb, being examples. New YorJe Journal April 12, 1770. '" The controversy as to which faction was the true Sons of Liierty was carried on in May. Of. New York Journal, May 3, 10, 1770. '"See above, notes 121, 122. "*Parl. Hist., 16: 608, 610, 618. "'New York Col. Doc, 8: 191. "'Pari. Etst.; 16: 855. [87] 88 BECKER — NEW YORK PARTIES, 1760-1776 save those on tea."^ The attempt of Pownall to include the tea duty failed by a vote of 240-142,"^ and, in April, the measure of Lord North was passed to take effect December 1."* At the same session a special act was passed permitting New York to issue 120,000£ in biUs of credit receivable at the Loan Offices and at the Treasury."" These measures gave great satisfaction at New York, and the consideration of the non-importation agree- ment at once assumed a practical character.^^^ Aside from other reasons for modifying the agreement, it was felt that concession on the part of Great Britain called for concession on the part of the colony. The merchants, therefore, hoped to restate the association in such a way as to relieve the commercial situation while still registering a protest against the principle of taxa- tion. The New York merchants were at first not alone in desiring this change. Before the middle of May they had been informed by the Philadelphia merchants that the latter would be under the necessity of breaking the agreement,^*^ and May 10, Na- thaniel Rogers, a Boston importer, came to New York for the precise purpose, it was alleged, of inducing the merchants to give up their association.^'^ As soon as it was known that the repeal had been effected, the New York merchants "sent to Philadelphia that they might unitedly agree to a general im- portation of every thing except tea."^'* They received a favor- able reply: since England had repealed part of the duties, the merchants ought now to show their loyalty by relaxing the agree- ment ; May 14, a meeting had in fact been held at Philadelphia, ^"Journals of the Bouse of Commons, March 5, 1770. Pari. Hist., 16 1 852. Annual Register, 1T70, p. 73. Sedgwick to Weston, [February ?] e, 1770; Hlat. MSS. Com., 10: Pt. 1, p. 421. The date of this letter should properly he March 6. i'« Pari. Mist., 16: 855, 874. "» 10 George III., ch. 17. "°IUa., ch. 35. "»The repeal act reached the colony before the middle of May. New Tori Col. Doc., 8: 214, 216. The act authorizing the currency law reached the col- ony probably late In June. IMd., 215. It was understood that such permission would be given, however, as early as February. IHd., 205. 'K^Jfero York Journal, August 16, 1770. New Tork Mercury, August 13, 1770. isBjretc York Mercury, May 14, 1770. i8«ffeir York Col. Doc, 8: 217. Of. ibid., 214. [88] THE ECONOMIC CRISIS OP 1768-1770 89' but it was agreed to determine nothing until June 5, in order to arrive at some precise agreement with New York, Boston, Ehode Island, and Maryland; meantime a committee had been ap- pointed to propose to the meeting of June 5, a list of articles that might be imported.^*^ Before the end of the month, the association had been set aside by the Newport merchants,^*" and the Albany merchants had asserted their determination to import everything except tea.^'^ Meanwhile the radicals were not idle. May 10, Eogers, the Boston importer, was hanged in effigy, and he escaped severer treatment only by remaining away from his lodgings during the day and leaving for Boston at two o'clock in the moming.^^^ The next day the committee of the Sons of Liberty wrote to Philadelphia stating that a great majority of the New York merchants were determined to keep the association. ^^° They were encouraged by letters from other colonies urging unanim- j^y._i9o They indignantly rejected the suggestion that the ques- tion was one to be settled by the merchants alone, or even by the legal voters. They asserted that the mechanics, ' ' and the virtu- ous of aU other ranks," should "conspire, as it were with an oath, to brand with public infamy and public punishment, the miscreants who, while the odious Power of Taxation by Parlia- mentary authority, is ia one single instance exercised, even dare to speak of the least infraction of the non-importation agree- ment.""^ May 30, when the radicals learned of the Rhode Island infraction, a series of resolutions was drawn up, de- nouncing the Rhode Island merchants, declaring them enemies of their country, proposing to boycott them, and once more as- serting the adherence of the New York merchants to the original "'New York Mercury, August 13, 1770. New YorJe Journal, August 16, 1770. ■^"New York Mercury, June 11, 1770. Resolutions, May 30, 1770; Lamb MSS., (1765-1706). ^"New York Journal, August 30, 1770. "'New York Mercwy, May 14, 1770. Gf. Lenoai Broadsides, 28. »«» Committee at New York to PWlaaelphla, May 11, 1770 ; Lamb MSS., (1765- 1766). iM Letter to the Sons of Liberty, April 25, 1770; New York Journal, May IT,- 1770. i« Brutus to the Free . . . Inhabitants ; Lenox Broadsides, 28. [89] 90 BECKER NEW YORK PARTIES, 1760-1776 association."^ A meeting was called for June 5,"^ to confirm these resolutions, and on that day "a considerable number of inhab- itants" did assent to them by a large majority."* The commit- tee of inspection had met the evening before,"^ however, and, after the radical meeting of June 5, it formally disapproved of the resolutions, and declared that the matter in question had been satisfactorily disposed of at the meeting of June 4."^ Precisely what the committee of inspection did on the evening of June 4 is not known; but it probably took steps to secure a formal modification of the association. At least on Monday, June 11, a number of individuals waited on the committee (a measure probably arranged by the committee at its meeting of June 4,) and requested it to "take the sense of the city, by sub- scription to determine whether an alteration should not be made in our non-importation agreement. "^''^ The committee re- sponded readily, for that same evening a meeting was held, and persons were appointed to go through the wards proposing to each of the inhabitants the following questions: "Do you ap- prove of a general importation of goods from Great Britain ex- cept teas and other articles which are or may be subject to an importation duty? Or do you approve of our non-importation agreement continuing in the manner it now is?"^°' The sub- scription was apparently not limited to the legal voters, but in spite of that fact the conservatives had a majority. According to Golden, 1,180 persons were in favor of importing, about 300 i^Lamb MSS., (1765-1766). 2few York Mercury^ June 11, 1770. New TorTc Journal, Juna 7, 1770. ^'^New York Mercury, June 11, 1770. '»= Itid. New York Journal, June 7, 1770. "'The committee o( Inspection resigned on this occasion, but was re-elected at a public meeting. New York Mercury, June 4, 1770. ^'''New York Mercury, June 18, 1770. New York Journal, June 21, 17T0. New York Col. Doc, 8: 219. ^"New York Mercury, June IS, 1770. The following day a paper was pub- lished giving the new agreement in precise terms: (1) No goods imported that were taxed "in America :" (2) All of the dutled goods were excluded until December 1, the date at which the repeal act became effective ; after December 1, tea only was excluded so long as the duty was retained ; (3) goods Imported contrary to this agreement were to be reshipped. New York Journal, June 21, 1770. O;. Brutus account of the Reception of the Tea; 4 Am. Aroh., 1: 252, note. [90] THE ECONOMIC CRISIS OF 1768-1770 91 ''were neutral or refused to declare their sentiments, and few of any distinction declared in opposition to it. ' '^"^ The committee did not, however, make a formal declaration in favor of importation at this time, nor did the merchants begin to import. The delay was doubtless due to the fact that an effort was being made to secure more cordial support in the neigh- boring colonies. Encouraged by the Philadelphia letter of May 15, the New York committee had already, June 2, dis- patched a letter to Philadelphia and to several towns in New Jersey, proposing a conference of deputies at Norwich, Connecti- cut, to formulate an inter-colonial agreement in order that "no one colony may be liable to the censure of others. "^''° June 6, a second letter was sent to Philadelphia urging an immediate reply, and stating that Boston had determined to modify the agreement if New York failed to maintain, it,^"'^ and June 16, the result of the New York canvass was also communicated to Bos- ton and Philadelphia.^"^ But the replies, some of which came in during the month of June, were chilling. The Boston merchants claimed that their position had been grossly misrepresented.^"^ The New Jersey towns were in favor of strengthening the asso- ciation.^"* A scathing letter was received from Albany.-"^ Even the merchants of Philadelphia, upon whom the New York com- mittee had counted most confidently, faced about, as the result it was said of letters from England,^"" and voted to maintain the association.^"^ '■"New York Mercury, June 18, 1770, 2iew Yofle Col. Doc, 8: 217. It was denied that there was a majority for importiag. New York Journal, June 21, 1770. ^New York Journal, August 16, 1770. New York Mercury, August 6, 1770. The New Jersey towns were Newark, Elizabeth, and Perth Amboy. The pro- posal was for "six deputies" to meet a similar number from Boston, New York, Connecticut, "and other such places as may choose to send any." Ml New York Journal, June 31, 1770. ^"^New York Col. Doc. S: 218. New York Journal, June 21, 1770. '"'New York Journal, June 21, 1770. New York Mercury, July 1©. 1770. zMJVew York Mercury, July 23, August 6, 13, October 8, 1770. The youthful enthusiasm of James Madison was reflected in a letter from Princeton, where the studemts burnt the New York letter. Works of James Madison, 1: 4. 2i>= New York Mercury, August 20, 1770. Neiv York Journal, August 23, 1770. ^"^New York Col. Doc, 8: 216, 218. ^■' New York Mercury, July 16, 1770. [91] 92 BECKER ^NEW TOEK PARTIES, 176Q-1776 But neither protest nor denunciation sufficed to turn the New York merchants from the plan upon which they had fixed. In spite of "riots, clamours, and threats," with which the radicals disturbed the city, it was felt that the majority of the inhab- itants would support them.2°* rpj^^ economic pressure for impor- tation was strong precisely because the association had been rea^ sonably well kept during the past year.^"' The radicals, who were daily bringing discredit upon themselves by lawless actions, were further weakened by the arrival, sometime in June, of the law permitting New York to issue bills of credit.^^" July 5, ac- cordingly, the merchants met and publicly resolved to send or- ders by the next packet for all commodities except tea.^^^ Sat- urday morning, a broadside appeared denouncing these resolu- tions, and calling the inhabitants to assemble at 12 o'clock at the city hall. The meeting was presided over by Sears and MacDougall, the former of whom made a characteristically rad- ical speech, and a resolution against importation was easily car- ried. Meanwhile the merchants had again assembled at the Coffee House. They were willing to decide the matter by bal- lot, offering to give up importation if a majority of the inhab- itants were opposed to it. It was requested that the packet, which was to have sailed Sunday morning, be delayed until the subscription could be taken.^^^ Two subscriptions were pre- pared, and persons of note on both sides of the question went through the wards from house to house, taking the vote of every ^Jlew Torlc Col. Doc, 8: 218. Of. ibid., 216. ™' "Many families must starve if an importation of goods from Great Britain did not soon take place, for many could not subsist their families, especially mechanics." Alexander Colden to Anthony Todd, July 11, 1770 ; yew York Col. Doc, 8: 219. The clausei. "especially mechanics," is significant, as it was from this class that the radicals ordinarily received strong support. The weakness of the Sons of Liberiy at this time was undoubtedly due ta part to the economic pressure on the lower classes. ''"Some goods taken by the committee of tnspeetlon, were forcibly seized by a mob and destroyed. Resolutions of censure were passed by the Committee, whereupon Sears and Van den Voort resigned. THew YorTe Journal, July 5, 1770. Dawson, (TTie Pwrh and its Vicinity, 48.) and Deake, (Ufe of John LamT), Of.) speak of a Committee of One Hundred at this time. I was myself misled by them. Of. Am. Hist. Rev., 7: 70. ^^New York Col. Doc, 8: 218, 219. ^'lUd., 219. [92] THE ECONOMIC CRISIS OF 1768-1770 93 inhabitant.^^^ The canvass, which, was finished Monday evening, July 9, resulted in a victory for the merchants.^" The same evening, the committee of inspection formally "resolved to im- port,""^ and the Wednesday following the packet sailed for England carrying orders for goods not taxed.^^** In the face of this second defeat, some of the radicals proposed that a new committee of inspection should be formed, since the other colonies would no longer correspond with the old one.^^'^ But it was a forlorn hope. Radical merchants themselves took advantage of the new agreement;-^'* and before the year was out Philadelphia and Boston followed the lead of New York."''' For the time being the Sons of Liheriij were liipcredited, and in the autumn elections for city uiagistrat(^s the faction was defeated by a large majority.^^" The separation of the merchants from the Sons of Liberty greatly strengthened the conservatives in numbers, but the rad- icals derived an advantage from the episode in the matter of party policy. Both factions had opposed the British measures, and both factions continued to oppose them. But hitherto the radicals had advocated methods of resistance that could with dif- ficulty bear the light of day. They proposed to resist British law by violating it and it was mainly in this that they were dis- tinguished from the conservatives. From now on, they stood for absolute non-intercourse as distinguished from the con- servative policy of modified non-intercourse. And for this new '^"New York Journal, July 19, 1770. Hew York Col. Doc, 8: 219. '^^New York Journal, July 19, 1770. 'New York Col. Doc, 8: 218. '^'> Broadsides, 1. i Am. Arch., 1: 252, note. '^'New York Vol. Doc, 8: 221. ^''Neio York Journa:, July 19, 26, 1770. 2IS "HaTe, notwithstanding, sent themselves orders for large quantities of goods." Golden to Hillsborough, August 18, 1770 ; New York Col. Doc, 8: 245. Cf. Protest of Sons of Liberty against being considered enemies of their country for importing. Probably satirical. New York Mercury, July 30, 1770. ^'Philadelphia merchants resolved to Import September 20, 1770. New York Journal, September 27, 1770. The Boston resolution was taken October 11. lUa., Oct. 18, 1770. Cf. Letter from Boston to Philadelphia, September 15. ma., Oct. 11, 1770. ^^ "It gave me particular satisfaction to And this party entirely defeated last week in a violent struggle to turn out such of the elected magistrates of the city as had distinguished themselves any way In favor of government." Golden to Hillsborough, October 15, 1770; Letter-Book, S: 229. [93] 94 BECKEB NEW YORK PARTIES, 1760-1776 policy of the radicals much could be said: it was the policy which could easily be made to appear the only patriotic and un- selfish policy — a policy which had broken down in other col- onies only through the selfishness of the New York merchants. This advantage was to prove of great service to the radicals in the time of the first Continental Congress. Meanwhile, the tea episode once more raised the old question of violent methods in much the same fashion as the stamp act had done. [94] THE TEA EPISODE 95 CHAjPTER IV THE TEA EPISODE The years that immediately followed the repeal of the Towns- hend duties were exceptionally quiet and peaceful in New Tork.^ The trade acts had been modified in a manner that was satis- factory.^ The currency difficulty was settled. Early in 1771 the assembly took advantage of the permission granted by Parlia- ment, and passed a law issuing -120,000£ in bills of credit, of which the first tenth was not to be simk until 1776 and the re- mainder in the nine succeeding years.' The provisioning of the troops gave no further difficulty. In 1769 an act of Parliament modified the mutiny act ia some of its most objectionable feat- ures;* and while the arrears occasioned by the veto of the pro- vision bill of 1770 were never specifically made up,° beginning with 1771, the assembly made annual grants for the support of the troops until 1775.® The exclusion of judges from the as- 1 The question of the New Hampshire grants created difficulty, tut was with- out effect on the political situation. Colden gave place to Dunmore, and with characteristic misfortune, was forced, contrary to custom, to surrender part of his rightful salary. Vew York Col. Doc, 8: 249. Dunmore was soon trans- ferred to Virginia, and Tryon of North Carolina, became Governor of New York, arriving July 7, 1771. lUcL., 278. 2 Complaint of the tea duty ceased ; the duty was avoided by smuggling. In 1771 Imports from England reached 653,000£, dropping in the two following years to 343,000£, and 289,000£. Illicit trade, the growth of manufactures, and indirect importation through New England and the southern Colonies, fur- nish the explanation. See McPherson, Annals of Commerce, 3: 518, 533, 550. Weeden, New England, 3: 737. Tryon's Report, June 11, 1774; Wew York Col. Doe., 8: 434 fl. 'Col. Laws of New York, 5: ch. 1472. «9 George III., ch. 18. •Dunmore to Hillsborough, March 9, 1771; New York Col. Doc, 8i 264. " Col. Laws of New York, 5: chs. 1474, 1513, 1596, 1647. The grant was 2000£, each year, save In 1773 when 1000£ was the sum. [95] 96 BECKEK NEW YOEK PAETIES, 1760-1776 sembly was of slight importanee.' Neither the city elections nor the celebrations of the repeal of the stamp act occasioned any factional conflicts; the lower classes were prosperous and con- tented; the Sons of Liberty were no longer heard of. In the summer of 1773 as cordial relations as had ever existed between colony and mother country seemed in a fair way to be estab- lished, when the half-forgotten 3d duty on tea resulted in events that led directly to the Eevolution. In the year 1773 Parliament passed a law giving the East India Company permission to export tea then stored in its ware- houses free of all duties, but bearing the tax in America.' In the colonies this measure was at once denounced as a political trick, wholly designed to force the colonists to pay the tax which they claimed was unconstitutional;" and American historians have generally regarded it in that light. To determine how much justification there may be for such an assertion, it will be necessary to consider briefly the position of the East India Com- pany and the Parliamentary legislation with respect to it. After 1763 the East India Company occupied a peculiar posi- tion. Chartered as a private trading corporation, it had come virtually to represent the English government in the exercise of a growing political control in India. This control was not reaUy in the hands of the company, however, but in that of its servants, upon whom no effective restraints were placed. The situation offered unusual opportunities as well as unusual temptations for official cor-ruption and private plunder. Both the company and the natives suffered. While individuals returned to England with fat purses, the conditions in India were every year be- coming more intolerable, and the company itself was falling into bankruptcy.^" As early as 1766 the Indian question became prominent in England. Certain concessions which were pur- 'Thte exclusion act was vetoed. New York Col. Doo , 8: 215 Ct lUd 207, 209, 210. . v;. ju »., '13 George III., ch. 44. • A clear statement of tlie colonial view of this act is in the first of a series of articles entitled The Alarm. New York Journal, October 14, 1773 Ct The Monitor, No. IV.; i Am. Arch., 3: 1725. '"This statement is based upon Lecky, England, 3: 513 ft. [96] THE TEA EPISODE 97 chased by tlie company for an annual payment of 400,000£,^^ improved matters very little, or not at all. Unsuccessful wars, famine in Bengal, high dividends in the company, and, as was thought by some,^^ the loss of the American tea trade, brought matters to a crisis. In 1770 the company's stock fell 60 per cent.^^ In 1772 its debts were upwards of a million pounds. The government annuity could not be paid, and in 1773 the directors came to Parliament for relief.^* The first minister might well say: "I found it necessary for something to be done to save the company from a situation little short of ab- solute bankruptcy. ' '^^ But already larger issues were involved than mere solvency. In November, 1772, a secret committee had been appointed to in- quire into the company's affairs,^^ and its startling reports forced Parliament to take up the broader question of Indian govern- ment. For days at a time, and throughout the entire session, the subject was exhaustively debated.^^ Ultimately the proposals of the government were embodied in the law "For establishing certain regulations for the better management of the affairs of the Bast India Company, as well in India as in Europe."^' The title, however, scarcely indicates the scope of the act. The company's char-ter was virtually aimuUed, and the govern- ment of India was vested in a governor general, a council, and judges, under the direct control of the crown. Aside from the proposed loan to the company, and the matter of the super- visors, the long debates were concerned with the principal points of the regulation act. Nowhere in the proposals of the min- isters nor in the debates is there any indication that the Indian question was in any way related to American affairs. It was apparently wholly aside from the main theme that, on " For legislation, with respect to the company In the years 1767-1769, see 7 George III. chs. 48, 49, 56, 57. 9 George III., ch. 24. "Annual Register, 1772, p. 151. Palmer's Plan; Drate, Tea Leaves, 207. "Lficky, England, 3: 524. "Parh Hist., 17i 799. Annual Register, 1773, p. 210. "ma., 802. "/Md., 453, 527. "imd., 227-383, 453, 464-475, 5217-537, 559-568, 646-686, 799-837, 855- 880, 890-914. Summarized In Annual Register, 1773, ip. 63 ff. "13 George III., ch. 63. 7 [97] 98 BECKER ^NEW YORK PARTIES, 1760-1776 April 27, 1773, Lord North arose and "observed, that through- out the whole examination which the House had made of the East India business, nothing could possibly have been more attentive to their interests [the company's] than his motions . . . ; that it was evident the public would suffer from the faulty way in which the company had conducted their affairs, even to the loss of 400,000£ a year ; and now instead of that receipt, were obliged in policy to lend the company nearly four times that sum; that he had now in pursuance of these favorable ideas of the company a proposal to make, which would be wholly to their advantage."^" This proposal, which the minister explained briefly, was more precisely embodied in two resolutions which were read, and which were substantially as follows: (1) That after May 10, 1773, all teas sold at the company's sales or im- ported under license may be exported to any of the American plantations tree of the customs duties paid upon importation into England; (2) that the commissioners of the treasury be permitted to grant licenses to the East India Company to ex- port teas to America or to "foreign parts," free of all cus- toms duties "paid upon the importation of such teas," and with an "exemption of the inland duties charged thereupon," pro- vided only that there be left in the company's warehouses a quantity of tea not less than ten million pounds weight. "With- out further com m ent, and without opposition of any kind, the resolutions "were agreed to."^° The incident was closed, and Parliament proceeded to the consideration of other business. Thus casually was enacted the law involving consequences of such tremendous moment for America. Not only was this the only East India measure to which there was no Parliamentary opposition, it was the only one to which the company itself was not opposed.^^ It is true that over a year later Governor Johnstone stated that the directors were not in "Pari. Hist., 17: 840. ^ma., 841. Of. Annual Register, 1773, p. 100. «The Company wanted assistance without regulation. Its attitude Is ex- pressed in tlie petitions wliicli it presented from time to time. Ammal Reg- ister, 1772, p. 201 ; 1773, p. 210 £f. Pari: Hist., 17: 889, 921 [98] THE TEA EPISODE 99 favor of the resolution, ^^ but I can find no contemporary evi- dence that such was the case f^ and if the directors were opposed to the resolution, the question naturally arises, why did they im- mediately tafee advantage of it? The only answer to this ques- tion is given by Almon, who is at the same time the sole English authority for the asser-tion that the whole affair was a political trick, played by the king to force the issue of taxation in Amer- ica. The tea which was sent to America, says Almon, — the statement was made many years after the event — ^was Bohea tea, the most saleable tea, whereas it was the inferior Singlo tea with which the company was overstocked. But, in spite of the wishes of the directors, ' ' it was the resolution of the cabinet to send the most saleable, presuming that the temptation to purchase being greater by the offer of good tea . . . some . . . might be thereby induced to barter liberty for luxury." The directors explained the differences: "It was again objected at the min- ister's home. To the last application Lord North, being per- hapiS wearied with repetition on the subject said 'It was to no purpose making objection, for the ■ • would have it so.*^ These were his lordship's words; and he added 'that the meant to try the question with America. ' ' ' Furthermore, Almon concludes that Boston was selected as the place where the test, should be particularly made, since it was only at Boston that the- officials refused to issue clearance papers for the return until the: cargo was landed.^* Almon 's Anecdotes of Chatham, from which these assertions; ='Parl. Hist., 18: 178. ^The Annual Register, in 1774, mentions tlie opposition of some actlre members of the company to tlie bill "as ratber calculated] for tbe establish- ment of tbe revenu'e law in America, than as a favor . . to tbe Com- pany" p. 47. This was probably a reflection of Johnstone's speech In parlia- ment, as the Register makes no mention of such an Idea in 1773. The kliig, in his correspondence with North, had many occasions to mention the affairs of the Company ; but there is no hint anywhere that the legislation was de- signed to force tha tax. Of. Donne, Correspondence oj Oeorge III., Is 113, 115, 117, 124, 132, 133, 134, 135, 137, 141. The letter of March 9, 1773, is typical of the king's attitude. Tbid., 124. The Company was of course de- sirous of securing the repeal of the 3d duty. Of. Hist. MS8. Com., 14; Pt. lOy p. 114. « Almon, Anecdotes of William Pitt, 2: 105-109. [99] 100 BECKER NEW TOEK PARTIES, 1760-1776 are taken, is not an authority of great value in general,^^ and the facts do not confirm his statements in this particular case. The evidence indicates that the directors came to a resolution, in the ordinary way, to export tea to America j^" and, as the law did not require them to do so, it is difficult to understand how a cab- inet resolution could have forced the measure upon them. It is true that the company was overstocked with Singlo tea, and de- sired to create a market for it;^^ but it is certain that the di- rectors were not prohibited from exporting Singlo since the American shipment did in fact include such tea.^' Indeed, it seems that the amount and kind of tea to be shipped was de- termined by the directors on purely economic grounds. The new law was scarcely passed before they began to inquire into the state of the American tea trade, and the best information which could be secured^^ was as follows: (1) The consumption " AJmon strongly supported the colonial contentions and in his Remem- irancer much space is given to American affairs. The Anecdotes was published In 1792, fourteen years after Chatham's deatji and nineteen years after this particular event is related to have occurred. The source of many of the anec- dotes was Lord Temple. Cf. Orenville Papers, 3: 366, note. In the preface he gays the anecdotes were "all of them in their day very well known." He says he kept a diary. Preface, Doublin Ed., p. v. " "In consequence of this measure, the company . . adopted the new system, of becoming its own exporter." Annual Register, 1774, p. 47. "We are informed that you have come to a resolution to ship tea to America." Greenwood and Hlgginson to the Directors, May 4, 1773 ; Drake, Tea Leaves, 208. "Being informed that you Intend to export teas," etc., ibid., 208. "The candid intimation given by you of an intention to export them [teas] to the colonies," etc., ibid., 209. "Being Informed of your resolution to export a quantity of tea," etc., ibid., 212. "Being Informed that you have it in con- templation to export teas," etc., ibid., 213. =' Drake, Tea Leaves, 24a ''Ibid., 245. ^^ "It appears that the company . consulted some of the mojt eminent persons in the tea trade upon the subject. By some of the most in- telligent of them it was represented as the wildest scheme that could be Imagined." Annual Register, 1774, p. 47. It is true that the merchants engaged in the tea trade would be inclined to represent the scheme as a wild one. But the statement in the Register was made after the scheme had in fact proved to be "the wildest . . . that could be Imagined." A considerable cor- respondence with merchants in the tea trade has been published by Drake, (Tea Leaves, 189 tf), and In this correspondence there is no suggestion that the scheme was a wild one; on the contrary it Is generally represented as en- tirely practicable. One unsigned memorial rather discourages the venture, but even this one goes on to suggest a plan. Ibid., 218. Information on the 'state of the American trade was given by Mr. William Palmer, Gilbert Barkly, Thomas Walpole, Watson and Rashlelgh, etc. Ibid., 189-203, 205, 211 216 222. [100] THE TEA EPISODE 101 of tea ia America was very great,^° and at present the trade was supplied almost whoUy from HoUand;^^ (2) Almost the only; tea used was Bohea; but a demand for Singlo might be devel- oped gradually, and it would be well to include a small amount in the first shipment to test the matter j''^ (3) There was strong opposition to the 3d tax ; but ' ' mankind ia general are bound by interest," and "the company can afford their teas cheaper than the Americans can smuggle them from foreigners, which puts the success of the design beyond a doubt. ' '^^ With this information at hand, the directors applied to the treasury for the necessary license, which was granted August 19 without specification of " Estimates of the annual consumption in tlie colonies ranged from five and a half to six million pounds. Cf. Drake, Tea Leaves,, 192, 193, 197, 200. Cal. Home Office Pap., 1773-1775, No. 447. Hist. MSS. Com,., lit Pt. 5, p. 346. It was reported that even the Indians drank tea twice a day. Hist. MSS. Com., 14: Pt. 10, p. 131. 21 Drake, Tea Leames, 191, 192, 193, 195, 201. Letter from Boston stated "We are confident that not one chest in fivei hundred has been seized in tjhis province lor two or three years past. ... At New York, we are told it is carted about at noon day." Ihii., 194. By smuggling "there is a regular and sufficient supply of tea, and has been for several years, equal to the de- mand of this whole country." Reed to Dartmouth, December 23, 1774 ; Hist. MBS. Com., 11: Pt. 5, p. 346. ^ Bohea was reported as "the species of tea already consumed here." Drake, Tea Leaves, 197. Mr. Palmer proposed to send besides Bohea, "Congo, Sou- chong, and Hyson, but more particularly the several stpecies of Singlo from a conviction that, by degrees, the consumption of . . Singlo tea might be introduced into America." Tbid., 190. Cf. Hid., 242. "The con- sumption of Bohea tea through the continent increases every year." Ibid., 192, In Nova Scotia the proportion was "20 chests Bohea, and 3 or 4 of good com- mon green." Ibid., 202. At Boston, 400 Bohea, 50 green. Ibid., 203. Wal- pole advised the Company to send to Philadelphia "five hundred chests of black teas, one hundred half chests of green teas, and seventy-five chests of Congo and Souchong teas." Ibid., 203. Mr. Palmer proposed sending "chests of Bohea tea, chests of each species of Singlo tea, together with a smaller as- sortment of Hyson, Souchong, and Congo teas." Ibid., 206. The New York agents thought that in New York 1500 to 2000 chests of Bohea might be sold, but with respect to other sorts, they were "not well Informed." Cat Home Office Pap., 1773-1775, No. 47. ss Barkly to the Chairman, June 29, 1773 ; Drake, Tea Leases, 216. "Nothing will be effectual short of reducing the price in England equal to that in Hol- land. If no other burthen than the Sd duty in the Colonies, to save that alone would not be sufficient profit, and the New Yorkers, etc., would soon break through their solemn engagements not to import from England." Letter from Boston, September 11, 1772; ibid., 193. C,'. ibid., 219. [101] 102 BECKER NEW YORK PARTIES, 1760-1776 any sort as to the kind of tea to be exported.^* An assortment had in fact already been made up by Mr. Palmer, a London merchant engaged in American trade, consisting of 1,586 chests of Bohea, 290 of Single, 70 of Congo, 70 of Hyson, and 35 of Souchong.^^ To dispose of the tea in America, it was suggested that a branch of the company be established,^" but it was thought wiser for the present to intrust the business to well-recommended American merchants.' June 1, Frederick Pigou informed the directors that he had established a firm in New York under the name of Pigou and Booth, and requested "the favor of that house having a share in the consigTiments. "^^ July 5, William Kelly recommended the firms of Abram Lott and Co., and Hugh and Alexander Wallace.^* Henry "White applied for a consign- ment, and was supported by John Blackburn of Scots Yard, who stated that ' ' his consequence as a merchant of fortune ' ' will enable him to advance ' ' the interest of the company ... as well as silencing any prejudices from the mode of its introduc- tion. "^'' Acting on these recommendations, the directors desig- nated as the New York agents the three firms of Abram Lott and Co., Henry "White, and Pigou and Booth.*" The merchants who recommended the consignees also informed the directors that they had a "^ship, river built, called the Nmicy, conunanded bf ^ The petition of tlie Company for a Treasury license is given in Drake. Tea Lea/ves, 246, with the date April 19, 1773. This must be an error as the resolution of Lord North was not introduced until Apr'l 27, 1773. The li- cense is given in Drake. 248, with the date August 20, 1773. It Is possible that the proper date for the petition is August 19, Instead of April 19, but in that case the reply from the treasury wag unusually prompt. =5 These figures are given in Drake, Tea Leare.i. 24S. under the heading, Mr. Palmer's Assortment of Teas for America. The assortment for New York was as follows: Bohea, 568 chests; Congo, 20; Singlo, 80; Hyson, 20; Souchong, 10 ; total 698. As there were exactly 698 chosts entered for freight charges on account of the Tianaj. I have assumed that Mr. Palmer's assortment was the one actually used by the Company. There is the samei correspondence be- tween the freight charges and Palmer's assortment for the other colonies, savo Boston. Palmer's list gives 398 chestg for Boston, the freight charges only 384. Drake, Tea Leaves, 256, 257. »» Memorial of Gilbert Barkly ; Drake, Tea Leaves, 199. »' Drake, Tea Leaves, 208. "ma., 226. "' ma., 228. " ma., 305 ; New York Mercury, Decranber 6, 1773. [102] THE TEA EPISODE 103 Captain Colville, completely fitted and ready to receive the tea for New York."*i The offer was accepted, and the Nancy was . accordingly freighted with 698 chests of tea, exported on account of the East India Company.*^ From the readiness of the American merchants to act as con- signees, it seems clear that the later violent opposition to the company's new venture was not so clearly foreseen as it is some- times represented to have been. As late as November there ap- peared in Ne'w York a series of able articles, signed Popliocola, which dwelt upon the benefits of commerce, and advocated the reception and purchase of the tea.*^ And there were some who believed that there would have been little opposition had the New York cargo arrived before the tea was destroyed at Bos- ton.** But such views were too sanguine. The new law was dis- liked by all classes :*' by the fair trader because it gave a virtual monopoly to an English corporation ;" by the smuggler because it threatened to destroy the lucrative Holland trade.*' If the measure was not a political trick, it did in fact cut the ground from under the non-importation policy of the conservatives, and force the issue as it had not been forced since the stamp act. Even the policy of modified non-intercourse could be main- tained only by resorting to one of two methods: non-consump- " Drake, Tea Leaves, 254. "ITHd., 257. *' To The Worthy Inhabitants, etc.. Broadsides, 1. Bit>ington's Gazetteer, NoTember 18, 1773. Lenox Broadsides, 29. "Tryon to Dartmouth, January 3, 1774; 2}ev} York Col. Doc., 8: 407. Of Gal. Borne Office Pap., 1773-1775 No. 498. Pari. Hist., 17: 1165. « "There is a general and spirited opposition to Its being sold." The Agents to Tryon, December 1, 1773 ; Drake, Tea Leaves, 300. Of. lUd., 270. *■ The Alarm, No. 1. ; New York Journal, October 14. 1773. Hist. U88. Com., 14 1 Pt. 10, p. 176. Gf. Tryon to Dartmouth, November 3, 1773 ; New Yorlc Col. Doc, 8: 400. " "The Introduction of the Bast India Company's tea is violently opposed here by a set of men who shamefully live by monopolizing tea in the smuggling way." Merchant in New York [Abram Ijott] to William Kelly, November S, 1773 ; Cal. Home Office Pap., 1773-1775, No. 399. Drake, Tea Leaves, 269. Gf. Tryon to Dartmouth, January 3, 1773; New' York Col. Doc, 8: 407. Mr. Barkly's proposal to establish a branch house In the colonies was "in order to put a final stop to that destructive trade of smuggling." Drake, Tea Leaves, 199. The opposition, according to Tryon, was "calculated . to make popular the cause of those who are deepest concerned In the Illicit trade of foreign countries." New York Col. -Doc, 8: 400. [103] 104 BECKER NEW YOBK PARTIES, 1760-1776 tion agreements or forcible resistance to the landing of the tea. A non-consumption agreement which distinguished between the company's tea and Holland tea was scarcely practicable,** while one which included Holland tea would destroy the smugglers' profits, besides requiring a degree of self-sacrifice not to be counted on.*" On the other hand, a resort to lawless methods of resistance was contrary both to the principles and to the inter- ests of the conser-vatives. It was, for the moment, no longer a question of absolute or partial non-importation; the question was whether the conservative policy could be maintained without resorting to radical methods. The situation gave a distinct ad- vantage to the radicals : for them the way was clear, but the con- servatives halted between the desire to maintain the non-impor- tation of English tea on the one hand, and the dislike of giving countenance to lawlessness on the other. The radicals were not slow to take advantage of the situation. October 6, 1773, there appeared in the Journal the first of a series of articles denouncing the new law as an obvious political trick, which would undermine the commerce of the colony by giving to the' company a monopoly of trade, and threaten the liberty of the people by forcing them to pay an unconstitutional tas.^° Other writers compared the tea agents to stamp com- missioners, and called upon them to resign under threats of per- sonal violence.^^ October 15, "most of the merchants and many other inhabitants," voted an address of thanks to the London captains who had refused to carry the Company's tea.^^ Early in November Golden wrote that if the tea came bearing the duty it would be opposed as a tax, while if it came without the duty it would be opposed as a monopoly.^^ Abram Lott, one of the consignees, believed that the tea would not be safe if it came sub- " "For It was easily seen that if the tea was once landed and in the custody of the consignees, no associations, nor other measures, would be sufBcient to prevent its Bale and consumption." Annual Register, 1774, p. 48. " "The cry then was that there was not virtue enough in the city to pre- vent the tea from being bought and sold." Seabury, The Congress Canvassed, 22. ^Neio York Journal, October 14, 1773. « Hid., Oct. 14, 21, 1773. "'IKd., October 21, 1773. If^w York Mercury, October 25, 1773. "November 3, 1773; New York Coh Boo.. 8: 400. [104] THE TEA EPISODE 105 ject to the duty ' ' as almost every body in that case speaks against the admission of it," and even if it could be landed "there will be no such thing as selling it."°* November 24, the consignees were reqiiested to declare that they would neither receive nor sell any of the Company's tea,^^ and on December 1, having learned in the meantime that the tea would come bearing the duty, they publicly "declined receiving or seUiag it under that predicament. "^'^ The same day the agents addressed a memorial to G-ovemor Tryon reqxiesting him to take measures "for the preservation of the said tea."" The governor at once ap- plied to Captain Asy cough of the royal ship Swan "to take the vessel when arrived under his protection until the tea can be landed. "=8 But steps had already been taken to prevent the landing, or at least the consumption of the tea. November 29, 1773, the leading radicals prepared a document entitled The Association of the Sons of Liberty of New York. The preamble recited the history of the tea duty, and the recent legislation of Parliament with respect to the company. "Therefore, to prevent slavery . . . we, the subscribers, being influenced from a regard to liberty and disposed to ... transmit to our posterity those blessings of freedom which our ancestors have handed down to us, ... do, .. . agree to associate together under the name and stile of the Sons of Liberty of New York, and en- gage ... to observe . . . the following resolutions." The resolutions were in substance as follows: (1) Those aiding or abetting the introduction of dutied tea to be treated as en- "Abram Lott to William Kelley, November 5, 1773; Drake, Tea Leaves, 269 ; Oal. Home Office Pap., 1773-1775, No. 399. ''Brutus on the Reception of the Tea in 4 Am. Aroh., li 253, note. ^New York Mercurj/, December 6, 1773. Brvttis, etc., in 4 Am. Arch., It 263, note. " Drake, Tea Leaves, 305. "s Tryon to Dartmouth, December 1, 1773; N&ie JorTc Col. Doc., 8: 402. Wew York Mercury, December 6, 1773. It was this order, doubtless, that led the compiler of the Annual Register to say, "At New York It was indeed landed? under the cannon of a man of war." Armual Register, nii, p. BO. The sen- tences which Immediately follow Indicate that the writer has confused the disposal of the tea at New York with that made at South Carolina, an error copied by Anderson, History of Commerce, 4: 165, and also by McPherson, An- nals of Commerce, 3: 546. [105] 106 BECKER NEW YORK PARTIES, 1760-1776 emies; (2) Those who buy or sell or aid or abet the purchase •or sale of dutied tea to be treated as enemies; (3) Whether the duty is paid in England or America is immaterial ; (4) Those who transgress these rules "we will not deal with, or employ, or have any connection with him."^^ The association was circulated for signatures, and a fortnight later, it had been signed, we are told, by "a great number of the principal gentlemen of the city, merchants, lawyers, and other inhabitants of all ranks.'"" It is likely, however, that the number of signers was not as great as could be desired. In any case, the radicals decided to strengthen their position by the familiar device of a mass-meet- ing. Accordingly, on Thursday, December 16, the "committee of the association" called a meeting for the following day at the city hall to which was invited every "friend of the liberty and trade of America,""^ In spite of bad weather, a "very numer- ous and respectable number of citizens" met at the appointed time and place. "^ Letters from Boston and Philadelphia were read by John Lamb, and a committee of fifteen chosen to answer them and to institute a correspondence with other colonies. The resolutions of November 29 were then read, and when the chair- man put the question "whether they agreed to these resolu- tions? it passed in the affirmative nem. con." At this point the mayor and recorder came in with a message from the governor, who proposed that the tea should be put into the fort at noon- day, there to remain until the council or the king or the pro- prietors should order it delivered. "Gentlemen," said the mayor, ' ' is this satisfactory to you 1 ' ' The thrice repeated nega- tive, which was shouted back, left no doubt that it was not. The chairman then put the question, "Is it then your opinion, gentle- men, that the tea should be landed under the circumstances?" So general was the negative reply that there was no call for a '^' The Association- of the Sons of Liberty of Ifeio York, November 29;. 1773 ; Broadsides, 1. New York Journal, December 6, 177.3. "New Yorh Journal, Decembei' 16, 1773. Brutus on the BecepUon of the Tea In i Am. Arch., 1: 254, note. n Advertisement, December 16, 1773 ; Broadsides, 1. New York Journal, De- cember 16, 1773. <° Advertisement, etc. ; Broadsides, 1. A radical account estimated the at- tendance at 2,(H)0. Brutus, eto.^ lu k Am. Arch., 1: 254, note. [106] THE TEA EPISODE 107 •division. The association, together with an account of the meet- ing, was ordered printed and sent to the neighboring colonies,'' and the meeting was adjourned until the arrival of the tea ships. The leaders of this movement were undoubtedly the ultra- radicals like Lamb, Sears, and MacDougall. Nevertheless, they had so worded the association as to alienate the conservatives as little as possible. The association said nothing about using force to prevent the landing of the tea; it merely declared that the subscribers would have nothing to do with the landing of the tea, and that they would boycott any one who did. If the great majority of the inhabitants subscribed to the agreement and kept it, the boycott would prove an effective weapon, but other- wise it would prove to have been a useless measure. After all, 1;herefore, the vital question was, did the association tacitly au- thorize the use of force to prevent the landing of the tea if the simple boycott proved insufficient? It was to the advantage of the radicals to leave this question imanswered, but the conserva- tives were anxious to have a more definite understanding in the matter. Accordingly, on Monday, December 20, Jacob Walton and Isaac Low solicited subscriptions to the following statement:"* "Whereas an association has been lately entered into and a doubt has arisen, whether it is the general sense of the sub- scribers, and the rest of the inhabitants, that the landing or stor- ing of the said tea should be opposed by force ? We, the subscrib- ers, to remove the said doubt, as far as concerns our respective sentiments, do declare and resolve as follows: (1) That we do concur with the parties to the said association, that the said tea ought not, on any account, to be suffered to be sold or purchased while it remains subject to a duty. ... (2) That to carry this resolve into execution, a firm and vigorous opposition ought to be given to all persons who shall attempt to betray our liber- ties, eithe'r by purchasing or vending the said tea. (3) That we are determined to have no agency in landing or storing the said tea. (4) That as our liberties . . . must effectually be •Advertisement, etc.; Broadsides, 1: Cf. Leake, lAfe of John Lamb, 77-79. ^ Brutns on the Beoeption of the Tea In /» Am. Arch., 1: 254, note. • [107] 108 BECKEE — NEW YOEK PARTIES, 1760-1776 secured by a strict adherence to the preceding resolves, we do not conceive it necessary or expedient to hazard the peace of the city, by opposing the landing or storing the said tea with force. ' ' What success this effort met with is not known. Nothing further is heard of it ; and some months later a radical writer stated that but few subscriptions were obtained, and that on Tuesday the attempt was abandoned.**^ The failure at least served to define the position of the radicals : if force was found necessary, force would be used. Such, at least, was the opinion of the agents. December 27, they wrote to Captain Lockyear a letter to be de- livered upon his arrival at Sandy Hook, stating that they could neither receive the tea nor pay the duty, and advising him ' ' for the safety of your cargo, your vessel, and your person, . . , to return, as soon as you can be supplied with such necessaries as you may have occasion for."*° Such was the situation in January, 1774; and in that month even the assembly registered a protest against the tea measure by appointing a standing conunittee of correspondence.'*^ But it was not until April 18 that the Nancy, having been driven southward by adverse winds, finally arrived at Sandy Hook."' The letter from the consignees was there delivered to Captain Lockyear, who, following the advice contained in it, informed the committee that he desired to come up to the fort to secure pro- visions for his return, promising to leave the ship at Sandy Hook. To this the committee agreed, but it assured the public, by means of a broadside published April 19, that "when ever he comes up care will be taken that he does not enter the Custom House, and that no time be lost in dispatching him. ' ' «=> Wednesday, April 20, the captain came up to the city and informed the consignees by letter that he was ' ' ready to deliver the said cargo according to "= lUd. » Drake, Tea Leaves, 358. For Governor Tryon's opinion of the situation ct. Tryon to Dartmoutti, January 3, 1774; JVew York Gol. Doc, 8: 407. "^ Ass. Jour., January 20, 1774. Bivington's Gagetteer, January 27, 1774. ™ "The long expected tea ship arrived last night at Sandy Hooli." To tUe Public, April 19, 1774 ; Broadsides, 1. The accounts of these proceedings are In New York Journal, April 28, 1774 ; New York Mercury, April 25, 1774 ; Riv- ington's Gazetteer, April 21, 1774. An account from the Gazette, and Colden'a account are in Am. Aroh.,1: 248, 249. ™ To the Public, April 19, 1774 ; Broadsides, 1. [108] THE TEA EPISODE 109 the bill of lading." The consignees replied at once that they «ould not "take charge of the same, or any part thereof."^" The captaui thereupon promised to return, and his departure was iixed for the morning of Saturday, April 23, at 9 o'clock.'^ "Every friend of h's country" was summoned to attend at Murray's Wharf at that time, in order that he might see "with his own eyes, their detestation of the measures passed by the ministry to enslave the country."'^ Meanwhile, advices had been received of the sailing of Captain Chambers, whose ship, the London, it was positively learned on "Wednesday, contained a private shipment of the Bast India Company's tea.'^ On a previous voyage, Chambers had taken credit to himself for being the iirst to refuse to carry the com- pany's tea, and it was with difficulty believed that he would now sail into the harbor with any on board.''* The London arrived at Sandy Hook on Friday,^^ and two members of the committee of observation, a sub-committee appointed to watch the tea ships,''^ at once went on board and examiiied the coekets. Chambers denied that he had any tea, and no coekets were found. At four o'clock, when the ship came up to the harbor, a "num- 'ber of citizens" nevertheless threatened to examine every pack- age on the ship, whereupon the captain admitted that he had tea and delivered the coekets. He was at once ordered before the general committee at Fraunces' Tavern, where it was further learned that he was the sole owner of the tea. The whole matter was then communicated to the people assembled near the ship ; and although the agreement provided for the reshipment of all dutied tea, nothing less than its destruction appears to have been thought of in the present case, so great was the resentment against Chambers for his duplicity. "The Mohawks," we are told, "were prepared to do their duty at a proper hour," but '"Drake, Tea Leaves, 359, 360. "/, Am. Arch., 1: 248, 249. To the Public, April 21, 17Y4 ; Broadsides, 1. " To the Public, April 21, 1774 ; Broadsides, 1. 's^ Am. Arch., 1: 250. New York Journal, April 28, 1774. Rivington's Gas/etteer, April 28, 1774. "Colden to Dartmouth, May 4, 1774; i Am. Arch., It 249. "i Am. Arch., 1: 250. '"Rivington's Gazetteer, April 21, 1774. i Am. Ardh., 1: 254, note. [109] 110 BECKER NEW YORK PARTIES, 1760-1776 the people were too impatient, and at 8 o'clock a number of men boarded the ship and dumped the tea iato the harbor. No dam- age was done to the ship or to the remainder of the cargo, and at ten o'clock the crowd dispersed quietly." Next morning bells were rung, and at eight o'clock a great crowd assembled at the Coffee House. An hour later the commit- tee came out of the inn with Captain Lockyear, who was forthwith escorted by the people to MuiTay's Wharf, where he embarked while the band, a little incongruously' perhaps, played Qod save the King. Sunday evening the committee of observation re- turned to the city and reported that Captain Lockyear had that day put to sea. "With him there sailed, as a passenger. Captain Chambers, whose ship still lay at Murray's Wharf. "Thus to the great mortification of the secret and open enemies of Amer- ica, and the joy of all friends of liberty and human nature, the imion of these colonies is maintained."^* The destruction of the tea was accomplished quietly and, if the expression is permissible, in good order. Golden wrote that the great part of the town was perfectly quiet.^^ Nevertheless, the event aroused the old conservative fear of mob-violence, and the old opposition to the intrusion of the un-privileged classes in political affairs. A letter appeared in Bivington's Gazetteer ,^ protesting against the "out-rage," in which, it was maintained, not a twentieth part of the people shared. The author asked by whose authority the committee of observation acted; he denied that the sense of the city had been taken, and denounced the trial of Chambers as a ridiculous farce ; signing himself a friend to the constitution, he declared himself a sworn foe "to Gobblers and Tailm's so long as they take upon their everlasting and im- measurable shoulders the power of directing the loyal and sen- sible inhabitants of the city and province of New York."*" Once more the Sons of Liberty, the mechanics, the "Cobblers ";, Am. ArcTi., 1: 250, 251, note. Of. iUd., 249. '^lUa., 250. ™ There was a "pretty large number of spectators." Colden to Dartmouth, May 4, 1774 ; IUd., 249. '^ Rivington's Qasetteer, April 2)5, 1774. Quoted in 4 Am. Arch., 1: 251, note. This letter called out the elaborate reply of Brutus. Bivington's Oaxetteer, May 12, 1774; resM'inted in i Am. Arch., 1: 254, note. [110] THE TEA EPISODE 111 and Tailors," liad proved too radical, — and, in any case, if the particular matter had been satisfactorily settled, there was no reason why the unfranchised classes should have assumed the task of settling it. If the tea episode had for the moment united conservatives and radicals in some respects, its ultimate effect was to bring out more sharply than ever the essential differences between them. The coercive acts at once revived the old issue of absolute versus modified non-importation. And another issue, which had always distinguished the two factions to some extent, was des- tined to play a much more prominent paxt in future contests: as the direction of affairs fell more and more under the control of extra-legal committees, the question of whether the unfran- chised should properly share in the election of such committees became of vital importance. The conservatives were coming to realize that if the policy of the colony was henceforth to be directed by moderate men of property rather than by the mob, a policy of holding aloof on their part would no longer suffice. The organization of the Sons of Liberty, which was now con- trolled by the radicals, whether it really represented the city or not, was in fact grounded in a wide popular support. It was the essential political institution of the hour, and the conserva- tives realized that it would be wiser to get control of it than ^to oppose or ignore it. To this end, therefore, they now directed their energies.^^ » "After the destruction of Captain Chamber's tea and some other violent proceedings of the pretended patriots, the principal inhabitants began to be apprehensive and resolved to attend the meetings of the inhabitants when called together by hand bills. The consequence is that Scott, MacDougall, Sears, and Lamb are all in disgrace, and the people are now directed by more moderate- men." Colden to Conway, September 23, 1774; Letter-Book, 3: 361. [Ill] 112 BECKER NEW TOEK PARTIES, 1760-1776 CHAPTER V THE ELECTION OF DELEGATES TO THE FIRST CONTINENTAL CONGRESS The tea episode was hardly closed before the coercionr acts opened the way for a determined effort to carry out the con- servative policy. The Boston port act reached New York from England on Thursday, May 12,^ and was at once re-printed and circulated about the city in the form of handbills.^ The con- servatives were determined to take the initiative, and within the next two days, probably on Friday, May 13, a notice was posted at the Coffee House, inviting the merchants to meet at the "house of Mr. Satttuel Praunces, on Monday evening. May 16.'" About the same time, very likely after the above notice was posted, the radicals held a meeting composed, it was said, of "a number of respectable merchants and the body of mechanics," at which there was named a committee of twenty-five, which included the leading members of the old committee of the as- > "Last Thursday Captain Couper arrived from London In 27 days. By him we hare received . . . Act of Parliament, that shuts up your Port the first of June." New York Letter, .May 14, 1774' ; Boston Gazette, May 23, 1774. Of. i Am. Arch., 1: 289, note. '' It appears to have been printed twice. One broadside contained the act alone. The Alarming Boston Port Act, etc. ; Broadsides, 1. Another, probably printed on Saturday, contained the act together with some London letters, i Am, Arch., 1: 289, note. 'i Am. Arch., 1: 293. It is sometimes implied that this meeting was called by the merchants as a result of a letter written to Boston promising hearty sutpport by New York. Of. Leake, Life of John Lamb, 87. The letter In question was, however, not written till May 14. It was published in the Boston Oazette May 23, and the merchants In New York learned of it, for the first time apparently, from the Boston Gazette towards the end of the month. OJ. Golden to Tryon, May 31, 1774; Letter-BooJc, S: 343. New York Mercury, June 6, 1774. The view of Leake is derived from a New York letter dated May 31. Of. i Am. Arch., 1: 299, note. [112] ELECTION OP DELEGATES TO FIRST CONTINENTAL CONGRESS 113 sociation of the Sons of Liberty, and a number of conservatives. * Prom the sequel, and from the composition of this committee, it is to be inferred that the radicals were preparing to cheek-mate the conservative move by offering this committee at the meet- ing on Monday. The wide-spread indignation which had been aroused by the Boston port act, doubtless led them to suppose that there would be no serious opposition to the appointment of such a committee, or., indeed, to a return to the radical policy of absolute non-importation. In any case, both parties were present at the meeting on Mon- day, which, it appears, was so large as to make an adjournment to the Exchange necessary;^ and the central point of interest was the contest between them over the nomination of the new com- mittee. The conservatives appear to have had a majority. Isaac Low was made chairman, and it was agreed, probably without opposition, that a new committee should be nominated that evening, to be confirmed at a future meeting called for that purpose. The radicals then evidently proposed that the committee should be limited to twenty-five, and presented the ticket which they had already prepared at an earlier meeting. To oppose this ticket, upon which the radicals had very shrewdly placed representatives of both factions, would put the conser- vatives in a bad light; to accept it without modification would place the movement in the hands of the radicals. The conser- * "A Committee of Twenty-Five : The followinff aire nominated by a number of merchants and the Body of Mechanics of this city to he a Committee of Correspondence for it with the neighlMring Colonies. John Alsop, Theophylact Bache. P. V. B. Livingston, Isaac Sears, David Johnston, Alexander MacDougall, Thomas Randall, Leanard Lispenard, Jacobus Van Zandt. Thomas Pearsall, R'ch- ard Tates, John Broome, Nicholas Hoffman, Abram Walton, Henry Remsen, George Browne, Peter T. Curtenius, Abram P. Lott, John Asplnwall, Gerard W. Beekman, Abram Duryee, Joseph Bull, Richard Sharp, Thomas Marston, Fran- els Lewis." Broadsides, 1. ' The meeting was called to meet at Fraunces Tavern. The minutes of the Committee state that certain persons "did accordingly appear at the time and place appointed, and then and there," etc., i Am. Arch., 1: 294. On the other hand, the official aceounU of the meeting, printed in a broadside, is headed, "At a Meeting at the Exchange, May 16, 1774." Broadsides, 1. In other places the minutes of the Committee also assert that the meeting was held at the Exchange, i Am. Arch., 1: 293, 295. The Meroury, May 2.3, 1774, also gives the Exchange ais the place. A New York Letter says the meeting was at the Coffee House. J, Am. Arch., 1: 299, note. 8 [113] 114 BECKER NEW YORK PARTIES, 1760-1776 vatives refused to do either; they accepted the ticket substan- tially, but rejected the plan of limiting the committee to twenty- five. To the radical ticket of twenty-five the conservatives con- sequently opposed a ticket of fifty, consisting of twenty-three members of the radical slate, and twerity-seven others. When the question was put, "Whether the committee of fifty be ap- pointed, or twenty-five?" it was carried for the fifty." The committee thus nominated had yet to receive the "appro- bation of the public;" that is, it had, in some manner, to be elected. But if the work of the conservatives was thus not fully accomplished, the radicals had at least been disarmed. Since twenty-three of the candidates were of their own choos- ing, they could not well oppose the election of the fifty without laying themselves open to the charge of acting from interested motives. The fifty might, with more truth than was ordinarily the case, be considered as representing the will of the people; and it was precisely as representing the will of the people that the radicals had always claimed authority for the actions of their own committees. The conservatives quickly followed up the advantage they had thus gained. On Tuesday handbills were circulated which announced that in order to observe all the necessary formalities for constituting "a committee duly chosen," a second meeting would be held at the coffee house on Thursday, May 19, at one o'clock. Not the merchants merely, « At a meeting at the Exchange, May 16, 1774 ; Broadisides, 1. The account is a very brief one, and gives no indication of rivalry except the sentence quoted in the text. The names of the fifty are given. They include all of the twenty-five, except John Aspinwall and Francis Lewis. Lewis was afterwards added. Besides these, the Committee of Fifty consisted of the following: Wil- liam Bayard. Philip Livingston, Charles McBJvers, Charles Nicoll, John Moore, Isaac Low, James Duane, Edwai-d Lalght, Ellas Desbrosses, William Walton, John De Lancey, Miles Sherbrooli, John Thurman, John Jay, Benjamin Booth, Joseph Hallet, Charles Shaw, Alexander Wallace, James Javmcey, Gabriel H. Ludlow, Gerardus Duychinck, Peter Van Schaack, Hamilton Yonng, Peter Goelet, Abram Brasher, David Van Horn, William McAdam, Broadsides, 1. "In spite of all that could be done by the old committee, which consisted of eight or ten flaming patriots without property, or anything else but impudence, a new committee was chosen, consisting of 50 members, most of them men of sense, coolness, and property." New York Letter, May 31, 1774; J, Am. Arch., 1: 299, note. For other accounts of the election, see iiid., 293. Colden, Letter-Book, 2: 340. New York Col. Doc, 8: 433. The broadside is reprinted in Lamb, Hint, of the City of Hew York, 1: 769, 770. [114] ELECTION OP DELEGATES TO FIRST CONTINENTAL CONGRESS 115 but "the inhabitants of the city and county," were requested to attend for the purpose of approving "of the committee nomi- nated," or of appointing "such other persons as in their dis- cretion and wisdom may seem meet."^ Yet, as if to deprecate as far as possible any tendency to act upon this last suggestion, a second handbill was circulated a few hours before the time appointed for the meeting, setting forth the wisdom and dis- cretion of supporting those who had been nominated in a more or less legitimate way.^ Whatever may have been the result of this appeal, at one o'clock "a great concourse of the inhab- itants" met at the Coffee House.' As before, both parties were present. They may very likely have appeared, as Bancroft says, "in arraj'; on the one s.de men of property, on the other tradesmen and mechanics"; but it is questionable whether the mass of the people were ready to "found a new social order. "^^ The men of property seem rather to have been in the majority ; in any case they again named Isaac Low chairman, who presently made a speech in which there was little hint of a new social order. Men were urged to act according to the "dictates of calm reason only," and to set aside "all little party distinctions, feuds and animosities."^^ The names of the fifty- were then proposed, and confirmed by the meeting, "and Mr. Francis Lewis was added to the latter by unanimous consent. "^^ That the Committee of Fifty-One, nominated and elected in M Am. Arch., 293, 294. « " 'Tis therefore hoped that .the choice [will he] conflrmed without any sinister opposition from narrow and ungenerous sentiments." 4 Am. Arch., 1: 29.3, not.?. 'lUd., 293, 294. "> Bancroft, Hist, of the United States, 4: 10. These statements are hased upon the letter of Gouverneur Morris to Mr. Penn, May 20, 1774. "Yesterdaj I was present at a grand division of the city, and these . my fellow citizens . . fairly contended about the future forms of our government, whether it should be founded upon aristocratic or democratic principles. I fftood in the balcony, and on my right hand were ranged all the people of prop- erty, with some few dependents, and on the other all the tradesmen." The entire letter is well worth consulting for those who wish to understand the situation at this point. Printed in full in i Am. Arch., 1: 343. Cf. Dawson' Westchester County, 12, note. " .} Am. Arch., 1: 294, 295. New York Mercury, May 23, 1774. Quoted In Dawson. The Parle and its Vicimtj/, 57. "7, Am. Arch,, 1: 295. "And Francis Lewis added Hem. Con." New York Mercury, May 23, 1774. Lewis was one of the twenty-five. [115] 116 BECKER — NEW YORK PARTIES, 1760-1776 this manner, represented a victory for conservative ideas is clear enough :^^ the movement from first to last was in the hands of conservative leaders, while the committee, as tinaUy composed, included only twenty-four of the slate prepared at the radical caucus, with twenty-seven added by the merchants. But the majority, thus numerically stated, fails in a signal man- ner to express the real force with which the committee was to stand for moderation and conservatism, not to say hesitation. Possible though it is to speak broadly of the two factions of merchant and mechanic, of conservative and radical, it is yet necessary to remember that by no means was there perfect homo- geneity within either of these two factions. Of the twenty-four members taken from the committee nominated by the mechanics, not all were radical Sons of Liberty like Isaac Sears or Alex- ander MacDougall;" of the remaining twenty-seven members, not all certainly were ready, like Peter Van Schaaek, to stand for the king in the face of steady and unrelieved persecution, when the appeal to arms finally came. These were the two ex- tremes: there were perhaps eleven men in the committee who might be classed with Sears and MacDougall,^^ nearly twice that number remained loj'al to the king.^" Between these extremes >' A letter to Boston, ascribed by Thomas Yoimg to James Eivington, saya : "Tou may rest assured no non-im. nor non-eiportation wUl be agreed upon, either here or at Philadelphia. The power over our crowd is no longer in the hands of Sears, Lamb, and such unimportant persons. . . their power expired Instantly upon the election of the . Fifty-one, in which there Is a majority of Inflexibly hon«Bt, loyal, and prudent citizens." Quoted in Thomas Young to John Lamb, June 19, 1774; Lamb MSS., (1774-1775). It was the general opinion. Cf. i Am. Aroh., 1: 299, note, 372. Colden, Letter-Book, a:. 242, 433. New York Col. Doc, 8: 433. "The radical committee of twenty-flye was composed partly of conservatives, probably in order that It might be more readily accepted at the meeting of May 16. Alsop, Bache, Richard Yates, Sharp, were of this sort. ^ July 8, eleven members formally withdrew from the Committee. They may be taken as the extreme radicals. They were : Lewis, Hallett, MacDougall, P. V. B. Livingston, Sears, Randall, Lott, Lispenard, Broome, Brasher, Van Zandt. See below, note 43. All of these but Hallett and Brasher were members of the twenty-flve. " Flick, Loyaliam In New York, 22, note 4, says that "no less than twenty- ome members of the Committee later became avowed loyalists." He makes James Duane a loyalist, however, which, is of course an error. I have found only nineteen of the committee who can be called loyalists. They are: Alsop; Bayard. Bache, Nicoll, Moore, Low, Laight, Pearsall. Wm. Walton. Abr. Walton, Tates, De Lancey, Sherbrooke, Thurman, Wallace, Jauncey, Van Schaaek, Young, McAdam. [116] ELECTION OP DELEaATES TO FIRST CONTINENTAL CONGRESS 117 stood the remaining members of the committee: unlike those who ultimately became loyalists, they were ready for forcible resistance when that seemed to them the only alternative; un- like the Sons of Liberty, they believed in negotiation and com- promise, they feared the growing political influence of the un- franchised, the "levelling spirit of New England."" For the moment, therefore, the middle group worked with the more ex- treme conservatives for the accomplishment of two main ob- jects — the settlement of the quarrel with England along con- servative lines, and the exclusion of the unfranchised classes and their leaders from further political influence. The new conunittee met for the first time on Monday, May 23. An organization was effected by the election of Isaac Low as chairman and John Alsop as deputy chairman.^^ A sub- committee was immediately appointed to answer an important letter from Boston, which stated that the port act had been met in that city by resolutions of complete non-intercourse, and re- quested the support of New York in the passage of a similar measure.^' The merchants of New York, however, had already voted down complete nun-intercourse, and had declared for the •' Philip Livingston was one who "seems to dread New ESngland, the levelling spirit," etc. Works of John Adams, 2: 351. "Mr. MacDougall gave a cautloa to avoid every expression here which looked like an allusion to the last appeal. He says there is a powerful party here who are intimidated hy fear of a civil war . . another party, he says, are intimidated lest the levelling spirit of New England should propagate itself into New York. Another party are prompted by Episcopalian prejudice against New England. Another party are merchants largely concerned in navigation, and therefore afraid of non-im- portation . agreements. Another party are those who are looking up to government for favors." Hid., 350. Of. Flick, Loyalism in New York, 30, 31. "/, Am. Arch., 1: 295. New York Mercury, May 30, 1774. Duane, Jay, and Van Schaack were appointed a committee to draw up a set of rules for the regulation of the committee's procedure. One week later. May 30, rules were reported and adopted. Among others were rules providing that the secretary should not be a member of the committee ; that no question once determined by a majority should be recons'dered except with the consent of a majority ; that the committee should meet on adjournment and if special meetings were called a printed notice must be left at each member's house ; that the meetings were to be secret, free access to the records being granted to the public only in the presence of a member: and that absences should be punished by fines. i Am. Arcn., 1: 298, 299. ■ ".> Am. Arch., 1: 296}. 297. For proceedings in Boston cf. iWd., 331. Thomas Young to John Lamb, May 1.3, 1774; Lamb MSS. (1774-1775). [117] 118 BECKER — ^NEW YORK PARTIES, 1760-1776 non-importation of such commodities only as were now or might in the future he taxed by the English government. But such a policy, while it might be serviceable in resistance to taxation, was scarcely applicable to the situation in which the port act would place Boston on the first of June. The question that now faced the conservatives was consequently a serious one. Of three possible answers, one must be returned: to refuse the re- quest of Massachusetts and maintain the conservative policy of modified non-intercourse ; to grant the request of Massachu- setts and identify themselves with the radicals; or to suggest some new method of procedure. The port act had aroused popu- lar sympathy to such an extent as to make the first impracticable for the moment, even had the committee itself wished to leave Massachusetts without support. The second was out of the ques- tion, since it would be virtually equivalent to a surrender of all the ends gained in the long struggle with the Sons of Liberty. A new method of procedure was therefore suggested: the com- mittee proposed a continental congress, to which all questions involving the relations of the colonies to the mother country should be referred.^" The sub-committee accordingly prepared a carefully worded letter, dated May 23, in reply to the Bos- ton correspondence; the offering of sympathy with which the letter opened was chilled by the reminder that no action could ™ Bancroft is authority for the statement ttiat the old committee of the Sons of Liberty "Were the first to propose a general congress. These recom- mendations they forwarded through Connect'cut to Boston, with entreaties to that town to stand Arm." History of the United States, 4: 9. Roberts, lew York, S: 389, says that a recommendation foir a congress was sent to Boston, dated May 14, and signed by Sears and MacDougall. It Is certain that a letter, dated May 14, was sent to Boston, for extracts of such a letter were published in the Boston Gazette, May 2.3, 1774. The letter is obviously from a radical source, and may very well have been written by MacDougall, but there is no suggestion in it, so far as published, for a continental congress. I have had the Boston newspapers, for this period examined, but without finding in them any letter from New York signed by Sears and MacDougall, or any earlier than that of the Fifty-One suggesting a general congress. When the Boston Gazette con- taining the extracts mentioned above reached New York towards the end of the month, the committee made a strict enquiry "to find out the author and liave in particular called upon the late committee to answer whether or not they had wrote, or know anything of the writing of that letter — which all deny." ■Colden to Tryon, May 31, 1774; Letter-Booh, 2: 343. The next number of the Mercury contained a formal disclaimer of the letter. New York Ueroury, June «, 1774. [118] ELECTION OP DELEGATES TO FIRST CONTINENTAL CONGRESS 119 be of permanent benefit which did not express the united voice of the colonies; the committee could, therefore, return no an- swer with reference to the "expedient" suggested by the Bos- ton letter, but emphasized the necessity of immediately as- sembling a general congress.^^ The plan was favorably received in many colonies, and ultimately Massachusetts also agreed to it." But by referring the matter to a general congress the con- servatives had by no means rid themselves of the troublesome question of non-importation. A congress once determined upon, it became necessary to elect delegates to it, and in this elec- tion the old issues reappeared: were the delegates to be con- servatives or radicals, and in either case were they to be in- structed to work for absolute non-importation or for modified non-importation? The possession of the committee of Fifty-One doubtless gave the conservatives a great advantage. The com- mittee did in a sense represent the city, and to it fell the impor- tant function of taking the initiative. But after all the commit- tee was extra-legal, and it had no authority except the authority of popular support. It could, therefore, duly propose questions which must be decided by the people; and in these decisions there inevitably arose the important question, who were the people, and how were their wishes to be known. Were the legal 21 "The alarming measures of the British Parliament relative to your town . fill the inhabitants of this city with inexpressible concern. As a sister Colony . . we consider your Interests as a com- mon cause, to the redress of which It is equally our duty and our Interest to contribute. But what ought to be done is very hard to be determined. We lament our Inaibility to relieve your anxiety by a decisive opinion. The cause is general, and . we foresee that no remedy caa be of avail, unless It proceeds from the joint act and approbation of all . . . U.T>on these reasons we conclude that a congress of deputies from the Colonies In general is of the utmost moment ; that it ought to be summoned without delay and some unanimous resolutions formed . . not only respecting your deplorable circumstances, but for the security of our common rights. Such being •our sentiments it must be premature to pironounce any judgment on the ex- pedient you have suggested." i Am. Arch., Is 297, 298. New York Mercurjf, June 27, 1774. Rivington's Gazetteer, June 30. 1774. Dawson ascribes this letter to James Duane. Westchester County, 17. But it Is usually ascribed to John Jay. Of. Johnson. Jay Papers, 1; 13, note. The judicial coldness and the excessive caution that pervade It point to Jay as the author. " The Fifty-One received a letter from Boston dated May 30, which appears to have been a renly to the radical letter of May 14. Cf. J, Am. Arch., 1: 3i03. [119] 120 BECKEE — NEW YOEK PARTIES, 1760-1776 voters alone to act as the people, or were the unfranchised also to he included? Were the decisions to be by ballot or by mass- meeting demonstrations? The radicals saw clearly enough that the conservatives, under the lead of the Fifty-One, would work for conservative candidates, for modified non-importation in- structions, and for a limitation of the franchise to the free- men and freeholders. On these issues they prepared for the con- test. Their only hope of success lay in securing recognition for the unfranchised classes, and, in order to give weight to the claims of these classes, a committee was formed, known as the "Committee of Mechanics," which was virtually a continuation of the organization of the Sons of Liberty. Ostensibly repre- senting the mechanics only, this committee was in fact the chief instrument through which the radical leaders made their deter- mined fight for the election of delegates to the first Continental Congress.^^ Not unnaturally the radicals took the initiative by raising the question in the committee of Fifty-One. June 27, Mac- Dougall made a motion relative to the "most eligible mode of appointing deputies,"^* but it was voted to postpone the mat- ^ At its first meeting, May 23, the Fifty-One received a letter from the "Body of th'e Mechanics, Signed by Jonathan Blalce, their Chairman," which expressed their concurrence in the election of the Fifty-One. lUd., 295. Leake states that the committee of the Sons of Liberty did not dissolve upon the election of the new committee. Life of John Lamh, 92. As the Mechanics Committee took its placs. this was virtually true but the term Sons of Liberty is seldom or never heard of alter the election of the Fifty-One. Cf. i Am. Arch., 1: 307. =*The question of the method of electing deputies gave rise to some discussion outside of the committee. A proposal to leave the matter In the bands "t the assembly's Committee elicited a broadside signed "A Citizen," dated June SO. The author (probably MacDougall. Cf. To the Public, June 30, 1774, Broadsides, 1,) considers that the election of deputies calls for all the wisdom in the pfrovince. This end will fail if the assembly's committee name the deputies, for the committee has not the wisdom of all the freeholders. Bu« "the city members, assert the assembly's committee . . . are authorized . to appoint the deputies. . . The people never gave the com- mittee this power. Therefore if tbey have any such auhority it must have been dolegated them by the assembly." The author demonstrates that the assembly dia not give this power and could not have done so legally, since the people alone have the right. Delay is opposed; "if the city committee does not without delay devise a plan for electing the deputies by votes of the people, 1 submit it to you whether each ward should not be called together, and the votes taken for Deputies by opening a poll In the manner observed in choosing aldermen." IWd. A more elaborate scheme was advocated in a Philadelphia [120] ELECTION OP DELEGATES TO FIRST CONTINENTAL CONGEBSS 121 ter until the next meeting. June 29, the radicals forced the issue by a motion which revealed the object at which they were aim- ing. Assuming that the committee of mechanics was of co- ordinate authority with the Fifty-One, it was proposed that a ticket of five persons to be named by the letter should be referred to the former for its concurrence, and then to the freeholders and freemen. Confident, however, in the strength of their po- sition, the conservatives felt that it should be no part of their program to recognize any other organization as sharing with the Fifty-One the right to act for the city and county.^'* At the next meeting of the committee, July 4,^° the proposition of MacDougall was accordingly voted down,^' and an essentially similar motion, without the objectionable clause, was made by Mr. Bache.^* Defeated at this point, the radicals allowed the motion of Mr. Baehe to pass without a division; but they at once assumed the offensive again by offering a ticket which they doubtless believed the conservatives might accept, but which, they nevertheless felt confident, would as a whole repre- paper under the date of June 22. It was reprinted in a New York b'roadslde, entitled, '"To the Inhabitants of the City and Colony of New York." The author proposes that in each province those qualified to vote for assemblymen should proceed in the usual manner to elect deputies to a provincial convention, which should in turn elect from its own number delegates to the congress. The deputies from each county might then act as a county committee, and the provincial convention appoint a standing central committee. The author urges above everything that the election should be by some method which would secure the "actual, not the virtual" representation of the people. It was urged In other words, that extra-legal, far more than legal, activity needs to be broadly based in order to be efficient, ma. This article without heading or signature, is printed in 4 Am. Arch., 1: 441. "'It was again voted to postpone. 4 Am-. Arch., 1: 307. " When the committee met there was awaiting it a letter from the Mechanics' committee, dated July 4. I have not found the letter. Cf. however, advertise- ment, July 6, 1774 ; Broadsides, 1. ^' The foUowimg voted against MacDougall's motion ; Bayard, Alsop, Marston, Young, Sharp, Bull, Ludlow, Sherbrooke, Beekman, Shaw, Wallace, Goelet, Duy- chinck, Lalght, Booth, Wm. Walton, McAdam, Bache, De Lancey, Yates, NIcolU Remsen, Sherman, McBvers. The following voted for it: Curtenius, Lewis. Sears, P. V. B. Livingston, Llspenard, Van Zandt, Brasher, Moore, Lott, Randall, Hallett, Broome, MacDougall. 4 Am. Arch., 1: 308. »» "To nominate five persons to meet in a general congress . . . ; and that the freeholders and freemen . . be summoned to appear at a con- venient iplace to approve or disapprove of such persons." Carried without a division. JMd. [121] 122 BECKER NEW YORK PARTIES, 1760-1776 sent radical views. The ticket proposed consisted of Isaac Low, -James Duane, Philip Livingston, John Morin Scott, and Alexan- der MacDougall. The first two were preeminently of the con- servative party; the last two were in an equal sense radicals. But Philip Livingston was neither the one nor the other; and certainly no one could have been named more likely to win the support of the conservatives for the ticket, and at the same time secure a virtual representation for radical views in the congress.-'* 'The conservatives were, however, too confident of their position to accept any doubtful compromises — indeed, they were probably too much opposed to the last two names on the ticket to accept it in any case — and the names of Scott and MacDougall were presently replaced by those of John Alsop and John Jay.*" The nomination thus made was to be presented to the "inhab- itants" of the city and county for confirmation or rejection on 'Thursday, July 7, at the city hall.^^ While the conservatives perhaps expected to meet with some opposition in the election of their ticket,^'' it does not appear that they gave themselves '" Philip Livingston was the fourth son of Philip, second lord of the manor. He took an active part in the Revolution, and was a signer of the Declaration of Independence. His whole career makes it clear that he was by no means Inclined to submit to British restrictive measures. On the other hand, he was connected with the colonial aristocracy, and was known to be opposed to •the growing Influence of the unfranchised classes. "Seems to dread New England, the levelling spirit, etc. Hhits were thrown out of the Goths and Vandals ; mention was made of our hanging the Quakers, etc." Worhs of John Adam-s, 2: 351. ^ The division on the radical ticket was 35-12, being the same as on Mac- Dougall's motion save that Lewis voted with the conservatives. De Lancey then moved that the committee proceed to nominate five candidates, "when the following had . the greatest number of voices, . viz. : Philip Livingston, John Alsop, Isaac Low, James Duane, John Jay." 4 Am. Arch., 1: 308. "I aim told a violent effort was made in the committee to have John Scott an eminent lawyer, and Alex. MacDougall, the Wilkes of New York, named in place of Jay and Alsop." Colden to Dartmouth, July 6, 1774; New York Col. Doc, 8: 469; Letter-Book, 3: 346. "4 Am. Arch., 1: 308, 309. Advertisement, 5th July, 1774; Broadsides, 1. To The Inhabitants, etc., July 5. 1774 ; ibid. »=A broadside writer hoped that the "voice of the committee will be the voice of the people." Nevertheless, in view of the existence of "turbulent tem- pers," and the late attempt to appoint a committee of twenty-five, he fears objections may be raised on Thursday, and a demand be made for a "poll." -Against the latter, he counsels resistance. To the Inhabitants, etc., July 5, 1774 ; Broadsides, 1. [122] ELECTION OF DELEGATES TO FIRST CONTINENTAL CONGRESS 123 much concern about the matter. The radicals, on the other tand, were far from idle during the three days from Monday to Thursday. On Tuesday, July 5, the Committee of Mechanics met at Edward Bardin's tavern, and, having taken into consid- eration the ticket nominated by the Fifty-One, rejected the names of Duane and Alsop, which they replaced by the names of Leonard Lispenard and MacDougaU.^^ The next day a broadside was circulated announcing that this ticket would be proposed at the meeting on Thursday in opposition to the ticket of the Fifty-One. Candidates had thus been nominated; a platform was necessary. Tuesday, July 5, a broadside was accordingly circulated by the radical leaders, calling a meeting "in the fields" for six o'clock the following evening."'' This meeting was presided over by MacDougall, who announced that the principal business of the evening was to counteract, as far as possible, the "vile arts" of their enemies in "distracting the councils of America." For this purpose a series of resolu- tions was twice read, "and the question being separately put on each of them, they Avere passed without one dissentient." In essence, these resolutions asserted that, since the liberties ■of America could best be preserved by a policy of absolute non- intercourse, the New York delegates should be empowered (and were thereby empowered) to bind the province to such a policy. The committee of correspondence was foirmally instructed to carry out these resolutions, which were printed and sent to all of the colonies as expressing the well-considered sentiments '" "Adve-rt'sement. At a general meeting of the Committee of Mechanics, at the home of Edward Bardin, yesterday evening, the nomination of the Com- mittee of Merchants, of deputies . . was taken Into consideration, and a negative was placed upon Messrs. Duane and Alsop, and Mr. Leonard Lispenard and Mir. Alexander MacDougall were nominated in the!ir stead. And as the Committee of Merchants did refuse the Mechanics a rep- resentative <"! their body, or to consult with their committee, or offer the names of the ipersoiw nominated to them for their concurrrence, the mechanics and every other friend to the liberty of his country, are requested to attend at the general meeting at the City Hall tomorrow (being Thursday) at 12 o'clock . . to give their voices for the five following persons, or to ■choose such others as they may think proper. Isaac Low, Philip Livingston, John Jay, Leonard Lispenard, Alexander MacDougall. Wednesday, July 6, 1774." BroacCsides, 1. » Advertispment, July 5, 1774 ; Ibid. Daiwson, The Park and its YMnity, 61. [123] 124 BECKEE NEW YORK PARTIES, 1760-1776 of the city.^'' The radicals now had a ticket and a platform ,- with these in hand they were ready, like any modem party, to "go before tlie people" on the following day. The proceedings of the meeting at the city hall on Thurs- day, July 7, are known only imperfectly. Ostensibly, both fac- tions attended with no other purpose than the election of dep- uties. No election, however, for reasons which can only be con- jectured, took place. It is possible that the vote was indecisive j- or it may be that the conservatives prevented the question from coming to a vote at all, foreseeing, from the result of the meet- ing in the Fields the day before, that a mass-meeting vote, from' which the unfranchised could not well be excluded, would probably defeat their ticket. "Whatever the reason, the fact is that a new method of election was determined upon, so vaguely defined, nevertheless, that both factions evidently re- garded it with favor. The new method amounted substantially to this: The Committee of Fifty-One and the Committee of Mechanics, acting together, were to canvass the city and county for votes on the candidates already nominated by the two fac- tions.^" That this plan might be carried out with no unneces- '= It was at this meeting tliat AlexandeL- Hamilton is alleged to have made- an enthusiiistic speech. Of. Hamilton, Worlts of Hamilton, 1; 22, 23. I have found no eontemjporary reference to the fact. Of. also, Dawson, Westchester County, 25, note. The resolutions adopted were in substiince as follows: (1) Port Act unconstitutional; (2) An attack on one colony is an attack on allj (3) Closing of any port unconstitutional; (4) General non-importation agree- ment will result in repeal of Port Act; (5) New York delegates to be instruetecl for general non-importation agreement; (6) This meeting will abide hy all measures of congress for above objects ; (7) A provincial convention would he a proper method of choosing deputies to congress ; counties requested to appoint delegates to such a convention if they appprove of it; (8) Subscription to be circulated to aid people Id Boston suffering from Port Act; (9) Committee of Correspondence for the city instructed to carry out their resolutions, which are to be printed and sent to other colonies. Wekc York Mercury, July 11, 1774. Mvington's Oazetteer, July 14, 1774. 4 Am. Arch., 1: 312, 313. Dawson, Westchester County, 61. Hamilton, Works of Hamilton, 1: 21-23. Leake gives the date of this meeting incorrectly. Life of John LamT), 93. =« The proceedings of this meeting are related in the Minutes of the Committee of Fifty-One as follows: " . . it was unanimously agreed that this committee appoiut a committee of their body to attend with the Committee of the Mechanics at Mr. Fraunces' at 10 o'clock to-morrow morning, In order to appoint two or more persons in each ward . . to take with them a list of the five persons nominated by this committee, and also a list of the five per- sons nominated by the Committee of the Mechanics . . . and exhibit to the [124] ELECTION OF DELEGATES TO FIBST CONTINENTAL CONGRESS 125 sary delay, the Fifty-One assembled at six o'clock the same evening, and appointed a sub-committee to meet with a similar committee from the Mechanics at Fraunees' Tavern on the following day. The sub-committee was instructed to offer to the Mechanics the following plan for carrying out the agree- ment made at the city hall:" (1) that the' two sub-committees should appoint two or more persons in each ward; (2) that the persons so appointed should take the ticket nominated by the Fifty-One and the ticket nominated by the Mechanics, and present both of them to the "freeholders, freemen, and such •of the inhabitants who pay taxes;" (3) that each voter should be permitted to sign either ticket. This plan, while conceding .something in the matter of suffrage, made individual selection impossible. It was very likely designed by the Fifty-One for the express purpose of defeating MacDougall, since it forced those who might be willing to sacrifice Duane or Alsop for Mac- Dougall (and the popularity of MacDougall made it probable ■ that there were many such) to sacrifice liotli of them. So, in any ease, the sub-committee of the Mechanics interpreted it. Consequently they objected to the plan, and proposed in its stead that the seven candidates should be offered as a single list, from which each voter should choose any five, the five receiving the highest number of votes to be declared elected."* To this freeholders, freemen, and such of the Inhabitants who* pay taxes, both lists, leaving It to their election to sign either, for the Ave names nominated by the committee, or for the five nominated by the Committee of Mechanics." J, Am. Arch., 1: 309. This purports to be an exact statement of the resolution entered Into at the City Hall ; it is impossible to say whether it is so, or whether It is merely the Fifty-One's interpretation of that agreement. Th« latter supposi- tion is borne out by a letter of MacDougall's, published two days latter, In which he announces his resignation as a candidate. "When I consider the manner in which the Committee of Correspondence have determined to carry the resolution at the City Hall into px'ecution, I conceive your votes cannot be properly taken. They have determined that the papers containing the names of the five rversons nominated by the Committee of Correspondence, and the five nominated liy the Committee of Mechanics shall be presented to the voters, and that they must vote for one or other of the five . . or not be allowed to vote at all. This deprives the people of voting for any five of the. seven." MacDougall to the Freeholders, July 9. 1774 ; Broadsides, 1. "4 Am. Arch., 1: 309. The committee consisted of: Hallett, Shaw, Sears, Goelet, Lewis, Curtenius, Sharp, Lalght, Bull. Hid., 310. ^ "That seven columns should be ruled, one for each of the persons nominated, and that the elector's name should be put down and the persons in respective columns for whom he should vote." MacDougall to the Freeholders, .Tuly 9, mi; Broadsides, r. [1251 126 BECKER — NEW YORK PARTIES, 1760-1776 it appears that the conservatives in turn refused to agree, for on Saturday MacDougall resigned as a candidate on the ground that the plan of the Fifty-One was unfair.'"' There is no evi- dence that the canvass was ever made. So far as the election of delegates was concerned, the situa- tion was now precisely what it had been; the Fifty-One had nevertheless been forced to recognize the Committee of Me- chanics, and had found it impossible to limit the suffrage tO' freeholders and freemen. It was not the Mechanics' Commit- tee, however, which particularly sharpened the edge of conser- vative resentment, but the fact that the radical members of the' Fifty-One used every effort outside of the committee to defeat the execution of measures which they were unable successfully to resist within the committee. The meeting of the Fields, July 6, which had contributed more than anything else to the fiasco' at the city hall, had been presided over, and very likely in- stigated and called, by a member of the Fifty-One, without its sanction, in his mere private capacity. Such proceedings could not pass without notice. Accordingly, at the meeting of the committee in the evening of July 7, Mr. Thurman introduced a resolution of censure, disavowing the meeting in the Fields and its proceedings, on the grounds, first, that no individual had authority to call a meeting of the city, and second, that no series of resolutions should be agreed to by the city, until well considered by the committee and presented by it to the public in the regular manner.*" This resolution, which passed by a vote of twenty-one to nine,*^ was followed by a motion to pub- lish the minutes of the committee relating to it, which was also carried, by a vote of thirteen to nine — eight members apparently »|> lUd. "^ Am. Ai-r-h., 1: 310. Extracts of tlie Proceedings, July 7, 1774; Broad- sirlrx, 1. Rirington's Gn:ettrei\ .July 14, 1774. New York Men-cury, July 11, 1774. '^ Affirmntire: Bull, Remsen, .4.1sop, McBvers, Beekman, Sharp, Young, Booth, Wallace, Thurman, NicoU, Bache, Laight, Wm. Walton, Shaw, Goelet, Moore, Hoffman, Sherbrook, Bayard, Ludlow. Negative; Lewis, P. V. B. Livingston, Llspenard, Sears, Randall, Curtenius, MacDougall, Lott, Hallett. i Am. Arch., [126] ELECTION OF DELEGATES TO PIEST CONTINENTAL CONGRESS 127 having left the chamber before the vote was taken.*^ If a con- servative account is to be believed, eight of the nine members- who opposed these resolutions immediately ordered their names to be erased from the membership roll, and on the following day, July 8, published a formal resignation, in which they were joined by three other members, absent the evening before.*^ The eleven who thus resigned included the leading radicals. "Whether they only awaited a favorable opportunity to with- draw cannot now be known ; it is certain that the small mi- nority in which they found themselves, and the uncompromising- temper exhibited by the majority, must have convinced them of the uselessness of remaining longer on the Committee of Fifty-One. Their resignation was justified on the ground that the right of the people to assemble and adopt resolutions was. not conditioned by the will of any committee whatever, while the printing of the resolution of 'censure was an unusual and un- necessary procedure, calculated to encourage the English govern- ment, and destructive of the ends for which the committee had been elected.** " IMd., 312. The radicals claimed tbat the motion to publish was made after the adjournment had been moved, when "some members were gone, ancT one going down stairs." IMd., 314. In any case, eight of those voting on the previous motion did not vote on the resolution to publish. Whether they did^ not vote because they had left, or whether they left because they did not wish to vote, does not appear. "Let those who quitted the chamber in a rage, ordering their names to be struck ufl, and afterwards bawling along the street 'The Com- mittee is dissolved, the Committee is dissolved!' ... be answerable for- the consequences of a division." One of the committeei. etc., July 9, 1774 ; Broadsides, 1. Rivington's Gazetteer, July 14, 1774. ^ A-m. Arch., 1: 314. " The three members who resigned but were not present at the meeting of July 7, were Brasher, Van Zandt, and Broome. Of the nine who voted against Thurman's motion to disavow the meeting of the Fields, all resign'ed save Cur- tenius. Rivington's Gazetteer, July 14, 1774. /, Am. Arch., 1: 314. " In the letter of resignation it was stated that "printing the proceedings of the committee has been agitated several times, and Judged inexpedient." According to the rules, proceedings were secret. J, Am. Arch., It 299. At first the mlnutea were not published, though accounts of what was done were reported to the papers. "This day they will assemble again. Afterwards it is hoped their proceedings will be published for the information of their constituents." 'New York Mercury, June 13, 1774. Mr. Thurman's motion appears to have been the first of the minutes to be published in extenso. It was not mere personal spitu, as suggested in the letter of resignation, that led the Fifty-One to publish Its proceedings in this instance contrary to custom. The resolutions of July 6, which they were now disavowing, had been "held up to the world" as the well [127] 128 BECKEE — NEW YORK PARTIES, 1760-1776 No serious attempt was made to induce the dissatisfied mem- bers to withdraw their resignation.*^ The event, therefore, marks the failure of the effort to direct the opposition to Parliamentary legislation through an extra-legal organization representing both factions. It was inevitable that the minority should secede and form a committee of its own. From this time the struggle no longer centered in the rivalry between conservatives and radicals within the Fifty-One : the contest was now between the two com- mittees, each representing a faction, each in a position to compel recognition from the other. The conservatives had attempted to give to the Fifty-One," in some measure, the character of a government; the radicals had forced it to take, without qualifi- cation, the position of a party organization. The time was not yet ripe for the transformation of either party organization into a government. While both parties thus organized had fixed upon candidates, the radicals had in addition formulated (in their resolutions of July 6) the policy for which those candidates stood — a policy which was clear-cut and well understood. Hitherto the con- servatives had given no more definite indication of what their candidates stood for than might be gathered from the non- committal letter to the Boston committee; the aggressiveness of their opponents now forced this question to the front. Hav- ing disavowed, in a formal manner, the radical resolutions considered views of the city and county, when, as a. matter of fact, they con. Btltuted tt party program merely ; the conserTa*;ives wished them to be under- fttood as such. "You are told that 'The people have an undoubted right to eonrene themselves and come to whatever resolutions they shall think proper." . . . This is granted . ; hut you would think me a very im- pudent fellow . 1£ I, as a memtver of that committee, was to call you together this evening by an anonymous advertisement and .propose a set of resolves . . of the last importance, without . consulting your committee upon that occasion. This was the ground of the committee's con- duct." One of the committee, etc., July 9, 1774 ; Broadsiddis, 1. i Am. ArcK, 1: 314. Rlvlngton's Gazetteer, July 14, 1774. Cf. William Smith to Philip SchHyler, July 19, 1774; Lossing, Schuyler, It 282. [Lossing has Incorrectly dated this letter July 9.] Tha resignation was published In a hroadslde. To the Inhabitants, etc.. Broadsides, 1. Also in Bivington's Gametteer, July 14, 1774; and i Am. Arch., 1; 31^. 314. » Cf., however, A moderate man, to the Freeborn citizens, etc., July 11, 1774t Broadsides, 1. Lenoo) Broadsides, SO. His proposition that the seceders should return was ridiculed by Agricola, To the Inhabitants, July 12, 1774 ; ibid. [128] ELECTION- OF DELEGATES TO FIRST CONTINENTAL CONGEBSS 129 if July 6, the Fifty-One was left with no alternative but to (ublish resolutions that it would avow; a course of mere nega- ion could win the conservatives nothing, while it left their andidates with no other strength than their own personal influ- mce and their individual reputations for a more or less extreme onservatism. On the evening of July 7, a sub-committee was accordingly ippointed to draw up resolutions to be proposed to the people, 'expressing their sense of the Boston Port Act, and our con- surrence with such of the neighboring colonies as have declared vhat may ... be done for . . . the redress of Amer- can grievances."*' A subterfuge lurked in some measure, in hese directions, since a square meeting of the issue required a itatement of the instructions which the conservatives believed hould govern their candidates if they were sent to Philadelphia. Dhe resolutions themselves, which were reported at the next Qceting of the committee, laid the conservatives open, only the aore flagrantly, to the charge of evasion and insincerity. On he direct questions they asserted that it was premature to in- truct the delegates, who ought nevertheless to be in a position o pledge the colony to any policy which might be deemed expe- lient. As to what that policy should be, the resolutions went mly so far as to suggest that if a non-importation agreement vere entered into, it should be "very general, and faithfully ad- lered to," otherwise such an agreement could serve no good purpose.''^ While these resolutions of the Fifty-One lacked the «4 Am. Areh., 1: 312. *' These resolutions are not ineluded in the minutes as published In the merlcan Archives. Under date .Tuly 13, the editor has the following In brackets : rhe committee appointed on the 7th instant, presented a set of resolutions to 5 presented to the city." k Am. Arch., 1: 315. This is not strictly correct, hree members of the committee appointed on the 7th had resigned from the ifty-One. The remaining members, doubting their authority to draw up reso- itlons, appeared on the 13th and referred this matter to the general committee. new sub-committee was then appointed, and this committee presented a series : resolutions which in substance were as follows: (1) Loyalty to George III illy asserted : (2) Port Act unprecedented and arbitrary, and (3) not the !sult of the destruction of the tea merely ; (4) vengeance separately directed the most dangerous ; therefore It is the duty of all the colonies to give every reasonable assistance" to Massachusetts; (5) the proposed congress is the ost advisable method of procedure; (6) premature to instruct delegates; (7) ily the direst necessity would Justify measures Injurious to the English mer- 9 [129] 130 BECKEK NEW YORK PARTIES, 1760-1776 clear-cut positiveness of the radical resolutions of July 6, it is doubtful if they were so constructed for any mere vote-catch- ing purpose, since they certainly added nothing to the influence and reputation of the candidates themselves. It may be sup- posed rather that they were truly expressive of the hesitation and uncertainty which characterized the views of so many of the committee at this time. However this may be, the resolutions were accepted by the Fifty-One, which ordered them published, and directed that the people should be assembled to act upon them. And, since the two parties had failed to agree upon the method of canvassing the city for votes on the delegates, the committee now fell back upon the original method of election by mass-meeting; it was accordingly ordered that the conserva- tive candidates should be offered to the people at the same time as the resolutions. The date fixed upon for this meeting was the igth."' It is clear enough, even in the absence of documents, that the radicals accepted the challenge to a popular election on the 19th ; for they controlled the meeting from first to last,*" though it is difficult to determine in all respects .just what they succeeded in doing. It appears that the conservative, rather than the radical, ticket and resolutions were presented to the people for their decision — perhaps because the meeting had been called by the Fifty-One, perhaps because (and the sequel bears this chants ; (8) a non-importation agreement only partly observed, like the last, would he worse than none ; (9) delegates should be so chosen as to be able to pledge themselves for the colonies they represent; (10) thanks due to frlenda In England. Proceedings of the Committeei of Correspondence in New Yort July 13, 1774 ; Broadsides, 1. Hist. MSS. Com., 14: Pt. 10, p. 223. These resolutions were afterwards slightly modified by the committee ; as modified they appear in the minutes, t Am. Arch., 1: 316. " Proceedings of the Committee, July 13, 1774' ; Broadsides, 1. .} Am. Aroh., 1: 315. " There appears no record of any formal organization of the radicals prepara- tory to this meeting; but it is not to be doubted that they were well agreed as to what should b? done. The influence of men like MacDougall and Scott wai very great with the people, and street-comer caucuses were the order of the day. One broadside writer, in speaking of the farmer, mentions "his eloquence so liberally bestowed at the corner of every street where he can find people to be his auditors." To the Public, July 20, 1774; Broadside, 1. to any case the radicals- -were sufficiently well organised to elect J. M. Scott chair- man, though he himself denied any knowledge that such was the intention. To John M. S , Esq., July 23, 1774; Biroadsides, 1. [130] ELECTION OP DELEGATES TO FIRST CONTINENTAL CONGRESS 131 out) the radicals desired to reject the conservative ticket and resolutions without, for the moment, confirming their own.*" The decision of the people with reference to the delegates was apparently affirmative in character, though by no means de- cisive, for on the following day a card appeared, signed by Low, Alsop, and Jay, stating that "notwithstanding the pro- ceedings of yesterday at the Coffee House," the sense of their fellow-citizens "remains so uncertain" that they cannot con- sider themselves or any others as duly elected.^^ As for the- resolutions, it is certain that, having been subjected to a severe criticism by the chairman, they were rejected.^- It seems, how- ever, to have "been no part of the radical plan to present their own resolutions of July 6 to the meeting for its decision. After; the action of the meeting on the conservative candidates, they doubtless saw clearly that no decisively affirmative result could Tdc obtained for any proposition to which there was any serious objection; from the very nature of a mass meeting a decision must be useless unless unanimous, or nearly so. The radicals could scarcely hope, therefore, to gain anything by presenting their resolutions of July 6. But if compromise was necessary,, they were unwilling to intrust the duty of arranging it to the committee of Fifty-One. The meeting accordingly proceeded to- name a new committee, composed of five conservatives and ten radicals, which was instructed to draw up a fresh set of resolu- ^ "They [th'e Fifty-One] have since publislied resolves, and today the town- meets to a.rxprove or disapprove of them. Those who know the populace say nothing will be done, but a motion be made to amend them." Smith to Schuyler, July 19, 1774; Loosing, Schuyler, 1: 282. °=To the Respectful Public, July 20, 1774 ; Broadsides, 1. New York Mercury,. July 25, 1774. Rlcitigton's Gazetteer, July 21, 1774. J, Am. Arch., li 317. The same idea is expressed in the minutes of the committee ; "the sentiments ot the majority still remaining uncertain," etc. J, Am. Arch., 1: 315. »2 "Certain resolves having been proposed ... at the Coffee House yes- terday and rejected," etc. To thn Respectful Public, July 20, 1774 ; B)-oadlS!(fes, 1. A letter from New York to Boston states that the resolutions "were rejected as destitute of vigor, sense, and integrity." // Am. Arch., 1: 317, note. "It was he tJ. M. Scott] who harangued the people, and prevailed upon them to discard the resolutions of their Committee of Fifty-One, as void of vigor, sense, and intagrity." Worhs of John Adams, 2: 346. Cf. to John M. S , Esq., July 23, 1774; Bioadsides, 1. [131] 132 BECKEE NEW YORK PARTIES, 1760-1776 tions to be presented at a future meeting.^' The conservatives, defeated at every step, still refused, nevertheless, to surrender the initiative. On the morro-iv, when the new committee of fif- teen was summoned to meet at Mr. Doran's, only the ten rad- ical members responded in person to the call.^* The conserva- tive members sent a letter in which they stated their refusal to serve on a committee which, in their opinion, was too irregu- larly elected to draw up authoritative resolut-ons: in any case, their own views being expressed in the modified resolutions of the Fifty-One, they could be of no service in the present in- stance.^' Having read this letter, the ten members proceeded to draw up a series of thirteen resolutions, which were at once less vague than those of the Fifty-One, and less extreme than ithose adopted at the radical meeting of July 6. The rights of the colonies were more vigorously asserted than in the former, "while, on the other hand, without instructing the delegates in .any way, it was agreed that the province should consider itself bound by the decision of the congress.'" Certainly these resolutions conceded much to the conservatives ■ — so much, indeed, that the two factions no longer had any seri- ous grounds for difference, especially as the Fifty-One had at "" The committee was cofiiposed of five of the radicals wuo had rosigned from the Filty-One ; P. V. B. Liyingston, Lispeuard, MacDougall, Sears, Randall : and of five who had never been on the Fifty-One ; J. M. Scott, .Tames Van Varck, Wm. Goforth, John Lamb, Theo. Anthony ; and of five conservatives from tha Fifty-One; Low, Moore, Eemsen, Jay, and Duane. At this time, Duane was out •of the city. New York Mercury, July 25, 1774. " nid. " To the Respectful Public, July 20, 1774 ; Broadsides, 1. New York Mercury, -July 25, 1774. i Am. Arch., 1 : 317. =« These resolutions may be summarized as follows: (1) allegiance to the king; (2) allegiance entltlos to protection and equal rights; (.3) the commop inheritance of all Brlt-sh subjects to be free from tare.? not laid personally or by representatives; (4) taxes on colonies unconstitutional; (5) Port Act un- parallelad in r'gor and destructive to liberty: (6) and Is more dangerous than If directed against all colonies alike; (7) duty of all to oppose Port Act; (8) minds of all should be as one; (9) therefore we approve the congress: (10) and will abide by its decision; (11) best method of electing delegates by provincial congress; (12) thanks due to our ag'ent in Bngland : flS) approve conduct of Committee of Fifty-One relative to Boston poor. These resolves •were ordered printed and a meeting was called at the city hall, July 25, to act upon them. Neio York Mercury, July 25, 1774. For criticism cf. Democ- ■rttus. Remarks upon the Resolves of the New Committee, July 22, 1774 ; Broad- rjMes, 1. [132] ELECTION OP DELEGATES TO FIRST CONTINENTAL CONGRESS 133 the same time taken measures to strengthen their own resolu- tions somewhat." This substantial agreement in respect to res- olutions was possible, however, only on condition that the real question at issue should be left out of consideration ; in waiving the question of instructions, the resolutions became of secondary importance, and all interest once more centered in the delegates.'^* At its meeting on the evening of the 19th, the Fifty-One had, indeed, again brought forward its scheme of canvassing the city for the votes of the "freeholders, freemen and such others who pay taxes" on the candidates whom they had nominated.^" On the other hand, the committee of fifteen (or of ten, since the con- servative members refused to act) had, in its resolutions of the 20th, suggested a provincial convention, and meanwhile had called a meeting of the city for the 25th, to receive its report. So far as is known, nothing came of the proposition of the Fifty- One. In response to the call issued by the committee of fifteen, a number of persons did, indeed, come together on the 25th, but as to what was done, one must needs be content with the state- ment that "nothing decisive was resolved upon.'"*" At this point, after more than two weeks of practically fruit- less maneuvering, the Fifty-One finally came forward with a plan which was carried out so swiftly and smoothly that the inference of a previous arrangement is all but imperative. A singular lack of information for the period from July 20 ta July 25, and the meagre account of the meeting on the latter date, make it entirely possible that such an arrangement was " The conservatives were not unwilling to change their resolutions, and publie criticisms pointed out the way. Cf. To the Freemen, July 16, 1774 ; Broad- sides, 1. On the evening of July 19. after the meeting at the Coffee House, certain amendments wei'e ordered In the resolutions of July 13. i Am. Arch., 1: 315. Article 2 was changed to express a more vigorous opposition to the Port Act. Article 3 was made to state that the main object of the Port Act was to subject the colonies to taxation. Article 7 was made to express greater solicitude for the liberties of the country, and less for the welfare of the English merchants. IMd., 316. Proceedings of the committee, July 19, 1774 r Broadsides, 1. '^ Cf. To the Respectful Public, July 25, 1774 ; Broadsides, 1. Lenox Broad- sides, 30. ™y, Am. Arch, 1: 315. "" "Last Monday, a large number of the Inhabitants . . . attended at the City Hall, but nothing decisive was resolved upon." Rivington's Gazetteer,. July 28, 1774. Neio York Mercury. August 1, 1774. [133] 134 BECKER NEW YORK PARTIES, 1760-1776 entered into at that time; while the fact that the plan was pro- posed at a meeting of the F.fty-One on the evening of the 25th (the very day on which the general meeting called by the com- mittee of fifteen was held) tends strongly to confirm such a supposition."^ The plan in question, which was moved by Mr. Remsen, was substantially as follows: (1) that the polls be opened at the usual places in each ward on Thursday, July 28, at nine o'clock in the morning, to elect "five deputies for the city and county of New York;" (2) that, "in order that the same may be conducted in the most unexceptionable manner," the election be supervised in each ward by the aldermen, com- mon council and vestry, by two persons appointed by the Me- chanics Committee and by two persons appointed by the Fifty- One; (3) that freeholders, freemen and persons "who pay taxes" be deemed qualified to vote.'''^ This plan, which required a distinct concession from the conservatives, did not differ es- sentially from the proposal which the radicals had previously made, and they were found quite willing to settle the matter in this way."" But instead of adhering to their own ticket, as one might expect them to do in view of the steady gains lately made at every point, the radicals at once took steps for withdrawing that ticket in favor of the conservative candidates. On the 26th a meeting was held at Mr. Mariner's, which sent a letter by com- mittee to the conservative candidates stating that, if the latter -would agree to work sincerely in the congress for a complete non-importation agreement, the radical ticket would be with- drawn, otherwise not."* To this letter four of the conservative »' The edimr of the Lenox Broadsides, 30, asserts that the hand b'll of Remsen was sent out by the meeting, at the city hall. I have found no evidence sup- porting this contention, but think it very likely the true one. The resolutions ■of Remsen were carried in the committee in the evening, and ordered printed in hand bills. I have not found the hand bill, which would wrhaps throw some rght on the action of the meeting. 1, Am. Arch., 1: .",18. .A'cro York Mer- cury, August 1, 1774. Rirmgion's (iar-.eiXecr, July 2s, 1774. °^4 A HI. Arch,, 1: 318 ■Whether you will engage to use your utmost endeavors at the proposed congress, that an agreement not to import ?oods from Great Britain until the American grievances be redressed, be entered into by the Colonies • . . If you will so engage, the body by whom we are nominated will support you, if not that body have a set of candidates who will." k Am. Arch.. [134] ELECTION OP DELEGATES TO FIRST CONTlNENTiVL CONGRESS 135 candidates replied on fhe following day that they would use their ' ' utmost endeavors to carry- every measure into exeeuti6n at the proposed congress, that may then be thought conducive to the general interests of the colonies; and, at present, are of opinion that a general non-importation agreement, faithfully observed, would prove the most efficient means to procure a redress of our grievances.""'^ This reply was found satisfac- tory by the meeting at Mr. Mariner's, and it was then unani- mously resolved to confirm the nomination of the conservative candidates.'"' The election now became a mere matter of form. On July 28 the poll was opened; the election passed off qTiietly, and in the evening the Fifty-One, having duly examined the lists, had the satisfaction of recording that Philip Livingston, Isaac Low, John Jay, John Alsop, and James Duane, "the per- sons nominated by this committee," were unanimously elected."' Whether prearranged or not, this agreement between the two factions is somewhat difficult to understand. It is not strange perhaps that the Mechanics should have made the proposal, for they may have been informed of the willingness of the conserva- tive candidates to accede to it ; nor strange perhaps that those candidates should have entertained such demands favorably, for they may have despaired of winning in any other way an election upon which they were determined at any cost. The curious part of it is that the radicals at Mr. Mariner's should have been satisfied with the reply which was returned to them, for in no essential respect did the conservative candidates pledge themselves to carry out the radical program; they merely said they were at present in favor of a non-importation agreement faithfully observed, and at the congress would work for what- ever seemed then for the best interests of the country. The con- servatives had said as much as this before."' It was far from 1: 319. Netc York Mercury, August 1, 1774. Rlvington's Gazetteer, August 4, 1774. The members of the sub-committee were, Brasher, Theo. Anthony, Francis Van Dyelt, Jer. riatt, and Christian Duychlnk. New York Journal, July 28, 1774. ".J Am. Arch., Is 319. ■' lUd. "ma., 320. "VT. iua., 3i«. [135] 136 BECKER — NEW YORK PARTIES, 1760-1776 saying (what the radicals had demanded of them) that they would "use their utmost endeavors" to secure a non-importa- tion agreement. As a matter of fact, the influence of the New York delegates in the congress was exercised along conservative lines."' It is difficult, therefore, to see why the conduct of the conservative candidates should call for particular comment, not to say, censure; it is rather the conduct of the radicals which seems inexplicable. Meanwhile, the committee of Fifty-One had not confined its attention exclusively to the election of the city delegates; it was also seeking for support in the rural counties. That the com- mittee should have expected to receive such support was per- haps not unreasonable, since the country population was strongly conservative, the stamp act and the Townshend act having created but little excitement outside of the city.'" It is no way remarkable, therefore, that one of the first acts of the committee of Fifty-One should hav« been directed to the formation of sim- ilar committees throughout the colony. Although the rural dis- tricts may not have had the same interest in opposing absolute non-intercourse as the merchants of New York, it was indis- putable that the conscious conservatism of the great landowners, and the instinctive conservatism of the small farmers, w6uld lead them to support the Fifty-One rather than the Mechanics. The vital question was, could this conservative majority be in- duced to take any positive action at all, or would it remain pas- sively aloof, thus leaving the field open for the radical minor- ity?" Without seeing, or without fearing, this danger, the Fifty-One, at its second meeting. May 30, appointed a sub-eom- "» Not only did they work for conservative measures, but the general feeling at the time of the election was that they would do so. Of. Iftid., 953. Coldea, Letter-Booh, 2: 350, 352, 360. Of. also, Seabury, Wliat Think Ye of Oongreai Nowf IS. ™(7/. Dawson, Westchester County, 26, 27. Losslng, Schuyler, Is 288. Al- bany was active in the stamp act period. New York Mercury, January 27, 1766. New York Gaeette, January 23, 1766. Cf.. also, Colden, Letter-Book, .2: 97. New York Col. Doc, 7: S25, 845. " Cf., nevertheless, Colden to Dartmouth, November 2, 1774 ; i Am. Aroh., 1: 957. "I am afraidtho business in the counties will be left to a few forward and intemppiate men, who will undertake to speak for the whole." Colden to Tryon, June 2, 1774 ; Letter-Book, 2: 344. [136] ELECTION OF DELEGATES TO FIRST CONTINENTAL CONGRESS 137 nittee to draft a circular letter to all the counties in the prov- nce." The letter, which was reported on the following day, icquainted the counties with the appointment of the Fifty- One, and suggested that each county should appoint a similar jommittee to correspond with it.'^^ Of the three hundred letters which were ordered printed, a certain number was sent to the treasurer of each coimty, who ia turn was instructed to distribute them to the supervisors.^* This appeal met with no general response. So far as is known positively, only three counties took any action in the matter. These were Suffolk, Orange, and Cumberland.'^ The earliest action was taken by the "inhabitants of the parish of South- haven," in Suffolk County, who met on June 13, appointed William ^mith moderator, voted resolutions in favor of abso- lute non-intercourse, and appointed a standing committee of seven to correspond with the committee ' ' in New York city and others.'"" Eight days later a "town meeting" of Huntington passed similar resolutions and appointed a committee "to act, in conjunction with the other towns in the county, as a general committee of the county, to correspond with the committee of New York."'' Resolutions of some sort were drawn up at Shel- ter Island and Easthampton also, while it is possible that the "general committee" spoken of in the Huntington resolutions may have been formed.'^ Only one town in Orange County ap- pears to have responded to the letter of the Fifty-One. On '" ^ Am. Arch., 1: 299. Cf. Van Schaack to Silvester, May 21, 1774; Van Schaa'ck, Life of Van SchaacTCj 17. "i Am. Arch., 1: ao«. ■'*IWd., 301. '5 The Fifty-One received a letter from Tryon County dated June 22, one Erom Albany dated June 29, and one from Dutchess dated June 29. i Am. Ircli., 1: 308, 309. It is likely that these letters were replies to the request 3f the committee; It is even likely that some iavorable action was taken in the case of Albany, for the letter was signed by Jacob Lansing, who was chair- man of an Albany committee in August. Cf. Lossing, Schuyler, 1: 289. On- ierdonck. Documents and Letters . of Queens County, 14. In the ;ase of Tryon County this letter was probably from the supervisors stating that Tryon County would take no part whatever in the dispute with the mother ;ountry. t Am. Arch., 2: 151. ; "Weiy Torle Mercury, June 27, 1774. "Resolutions strongly favored non-importation, i Am. Arch., 1: 453. ■"lUd., 307, 308. [137] 138 BECKEK NEW YORK PARTIES, 1760-1776 July 4 the freeholders and inhabitants of Orange town passed resolutions favoring non-intercourse, and appointed a eommit- tee of five to correspond with the city of New York/" In Cum- berland County it appears that the supervisors refrained from laying the letters before the towns, with the intention of saying nothing and doing nothing about it. But in September it be- came known that such letters existed, and a delegation from Rockingham and Westminster waited upon the supervisors and insisted that the directions of the Fifty-One should be carried out. This was finally done, however reluctantly, and on October 19 and 20 a "county congress" was held at Westminster, con- sisting of eighteen delegates from twelve towns, which passed a series of resolutions and appointed a committee of five to correspond with New York.'" It will thus be observed that, with the exception of Cumber- land (and its action was not taken until long after the New York delegates had been elected), none of the counties responded to the letter of May 31 by what could in any sense be called an authoritative action. Not only so, but the individual towns which did reply must have disappointed the committee, since every one of them, so far as there is record, declared for com- plete non-intercourse. This meant merely — what the Fifty-One had perhaps failed to foresee — that the conservative spirit of the counties was first expressed, as it had, indeed, been expressed in New York City itself, negatively and not positively — that is, by refusing or neglecting to take any part whatever in the move- ment. The effort of the Fifty-One to strengthen its own posi- tion by appealing to the rest of the province had, therefore, no other immediate practical result than that of encouraging the radicals to hope for support where they had probably never ex- pected to find any ; in the light of the resolutions from Suffolk and Orange, it is not difficult to understand tjie proposal "for a provincial convention, which was incorporated in the radical res- olutions of July 6, and again in those of July 20. But the Fifty-One did not despair in the face of one defeat. " IMd., 506. "Ibid., 3! 218, 1064, 1065. [138] ELECTION OF DELEGATES TO FIRST CONTINENTAL CONGRESS 139 If the conservative elements in the counties failed to appoint Bommittees for a general purpose, it was hoped that they would at least see the necessity of making their influence felt in the specific matter of electing delegates to congress. On July 29, accordingly, a second circular letter was prepared by the Fifty- One, and sent to all the counties in the province. Each county was urged either to elect delegates of its own or to authorize, in explicit terms, the New York delegates to act for it.*^ The result was, nevertheless, but little less discouraging than before.'^ Three eoimties only sent delegates of their own — Kings, Orange, and Suffolk — and in none of them can it be said, certainly, that the election was a representative expression of the coiuity's wishes.'^ In Orange County, Henry Wisner and John Haring were chosen, on August 16, by "a meeting of the several com- mittees of the County of Orange."** The term "several com- aaittees" indicates that this was a delegated county meeting; if 30, it may have been fairly representative of the countj'. On the ather hand, Colden understood it to be a primary rather than ei ielegated meeting, for he speaks encouragingly of the fact that Dut of one hundred freeholders in the county "not twenty per- sons" attended.'^ Of the election of William Floyd from Suf- folk, still less is known ; he was present at the congress on the irst day and presented credentials which were considered sat- sfaetory.*' The election in Kings County, as related by Gallo- ,vay, recalls the oft-repeated story of old Sarum. Two persons issembled; one was made chairman, the other clerk; and the ■'/6id.^ 1: 322. ^^ "Seven counties neither apipo'nted delegates for themselves, nor oncurred in the choice made by the citj'." Colden to Dartmouth, September 7, 774; Letter-Boole, S: 360. "^ "In the counties that have joined in the measures of the city I am informed hat the business has been done by a very few persons, who took upon them- elves to act for the freeholders." Colden to Dartmouth, October 5, 1774 ; jetter-Booh, 2: 367; l Am. Arch., 1: 819; New York Col. Doc, 8: 493. "4 Am. Arch., 1: 322, note. «= Colden, Letter-Book, 2: 367. i Am. Arch., 1: 819. Nemo York Col. Doc, is 493. "/, Am. Arch., 1: 893. Bayles, Suffolk, 107. [139] 140 BECKEE NEW YOEK PARTIES, 1760-1776 latter certified to the congress that the former, Mr. Simon Boe- rum, was unanimously chosen for the county of Kings." Four counties, in a more or less authoritative way, authorized the New York delegates to act for them. These were Albany,. "Westchester, Dutchess, and Ulster.*^ Albany certainly elected delegates of its own,^" but for some reason the New York dele- gates were ultimately authorized to act in their stead.*" The- action of Westchester was the most representative of any of the four. Meetings were held in the individual towns of Bed- ford,''^ Mamaronee,"- Rye,"^ and Westchester,"* and on August 22 a general comity meeting, which authorized the New York delegates to act for Westchester, was assembled at White- Plains.*'* The action of Dutchess County is not very clear, and certainly was not representative."" At least three meetings were " Examination of Joseph Galloway, 11. Galloway stated that lie Lad the- story from "almost all the delegates of New York." IWd., 61. However elected, Kings was certainly not enthusiastic, for it was one of the counties which, as- late as September 29, were urged to send delegates, and Boerum did not faifr his seat until October 1. i Am. Aroh., 1: 326. 906. «* Ulster is not usually included with Albany, Dutchess, and Westchester be- cause congress received no credentials from that county authorizing the HevV York delegates to act for it. Hid., 896. But action was taken in Ulster quite as authoritative as in Dutchess, and it was one of the four to send a deputa- tion to New York to authorize the delegates of the latter county to act. To the Public, January 18, 1775; Broadsides, 1. i Am. Arch., 1: 1188. '" The action of Albany County is not clear. A meeting in Albany on August 13 resolved that Robt. Yates, Peter Silvester, and Henry Van Schaaek shonld be the delegates if "approved by the majority of the delegates from the sev- eral districts at a general meeting for the county." i Am. Arch., li 322, note. But on August 23, Jacob Lansing, chairman of the Albany committee, wrote to Colonel Schuyler informing him that he, Schuyler, had been appointed a dele- gate. Lossing. Schuyler, 1: 284. This is confirmed. "The county of Albany have chosen Philip Schuyler, Esq., to represent them as a delegate at the gen- eral congress." Rivington's Gazetteer, September 1, 1774. Cf. New York Mer- cury, September 5, 1774. '" 1, Am. Arch., 1: 326, 896. »' IMd., 325. »2 Hid. " Meeting on August 10. Committee of five, and five resolutions agreeTng to abide by decisions of congress. Neio York Mercury, August 15, 1774. Riving- ton's Gazetteer. August 18, 1774. Balrd, Rye, 219. There was oiiposition to these measures, i Am. Arch., 3; 70:-!. 803. "2Vew York Mercury, August 29, 1774. i Am. Arch., 1: 703. "4 Am. Arch., 1: 1188, 1189. Dawson, Westchester County, 31, 32. »" August 10, a meeting of freeholders at Poughkeepsie, of which Z. Piatt was chairman, decided not to appoint delegates. Resolutions were passed favoring action through the assembly. No mention was made of congress or of the New [140] ELECTION OF DELEGATES TO FIRST CONTINENTAL CONGRESS 141 held in Ulster County at which the New York delegates were authorized to act for those present, if not for the whole county."^ The remaining six counties were apparently entirely unrespon- sive to the appeal of the Fifty-One.°' Thus, after a long and bitter conflict, the conservatives suc- ceeded in electing their ticket, with instructions that were in no way prejudicial to conservative feeling. They did not suc- ceed, however, in ignoring the radical organization, or in exclud- ing the unfranchised classes from taking an effective part in the conflict. It remained to be seen what action the continental ■congress would take: whatever that action might be, it was cer- tain to affect profoundly the future course of provincial politics. York delegates. 4 A.ni. Arch., 1: 702. Yet on August 20 Piatt informed the Pi£ty-Onp that his precinct authorized the New York delegates to act for It. Ibid., 3-4. Later the B'ifty-One received another letter from Poughkeepsie, ■dated August 31, "approving the resolves and delegates of New York." Hid., 326. Whether other meetings were held is not knowTi, but in any case both the New York delagates and the congress were informed of the w'sh of Dutchess to be represented through the New York delegates. To the Public, Taunary 18, 1775; Broadsides, 1. 4 Am. Aroh., 1: 896. Smith, Dutchess County, 340. " Kingston and New Wlnsor approved "of the delgates adopted for the city and county of New York." 4 Am. Arch., 1: 325. "Wednesday last (August 31) a great number of inhabitants of Ulster County had a meeting and agreed in sentiment with their brethren in Now York, and .did not intend sending any delegates to Philadelphia." Hew York Mercury. September 5. 1774. The New York delegates were informed of Ulster's wishes by commit- tee (To the Public, January 18, 1775 ; Broadsides, 1.) but no authorization was sent to congress. "' In Tryon County the Palatine district was active in a,?proving the New York delegated. 4 Am. Arch., 1: 740. But apparnntly a majority of the county was in favor of taking no part in the congress. IMd., 2: 151. Seabury voiced the feeling of the extreme conservatives In saying that the delegates did not represent a hundredth part of the people. "It is notor'ous that in some districts only three or four met and chose themselves to be a committee •on this most important occasion." The Congress Canvassed, 9. The fact prob- tibly is, however, that many conservatives who, I'ke Seabury, denounced the congress after it adjourned, were at this time passive supporters of the move- m'ent, because they hoped that It might promote conciliation. Seabury wa« •himself such a supporter of the congress. That the delegates were elected by a very small minority in New York is, however, absolutely certain. [141] 142 BECKER NEW YORK PARTIES, 1760-1776 CHAPTER VI THE FIRST CONTINENTAL CONGRESS In sending delegates to a general congress, the two factions in New York virtually agreed to throw the burden of formu- lating a policy of resistance upon a power outside the colony; consciously or unconsciously they thereby greatly increased the difficulty of ever again having a policy of their own. If con- gress formulated a definite policy of any sort, that policy would represent the position of the colonies as against Great Britain, and from that moment any local faction could dissent from the measures of congress only at the risk of appearing to counte- nance, to that extent, the measures of Parliament.^ And if, in addition to formulating and recommending a policy of resist- ance, Congress should take steps to enforce its recommendations upon all individuals alike, the effect would be to raise an alto- gether new issue — the issue of allegiance. In order to understand the further development of parties in New York, it will be nec- essary, therefore, to know rather precisely what the first Conti- nental Congress did. When Congress assembled, September 5, 1774, representa- tive men of all factions were looking to it for the accomplishment of ends which they had most at heart. From the instructions to the delegates, the conservatives were encouraged to hope that a conciliatory policy would prevail.^ The radicals, on the other ■ In October Colden wrote : "I am certain a majority ol the most consider- able [merchants] are convinced It [non-Intercourse] is a wrong measure, and wish not to come in to it, but whether, they will hare resolution enough to oppose the sentiments of all the other colonies, can only be known when they are put to the trial," New York Col. Doc, 8: 493. •The instructions, almost without exception directed the delegates to work for reconciliation. Ford, Journals, 1: 15 ff. "The hopes of all moderate . . . persons . . were long fixed upon the Reneral American Congress." [142] THE FIRST CX)NTINIiNTAL CONGRESS 143 hand, were determined upon the more vigorous measure of non- intercourse.^ And finally, there were many moderates, of whom J ay and Duane were typical , who were aiming to hold the bal- ance between the extremes of both groups; without precipitating rebellion, they hoped for a firm union of the colonies in meas- ures that were free from any charge of undue submissiveness.* The first question to arise was one of jurisdiction. Before the formal opening, delegates were asking each other whether Congress was an informal body with power of advice only, or a government with power to enforce its recommendations. The conservative feeling was expressed by Rutledge. "We have no legal authority," he said, "and obedience to our determinations will only follow the reasonableness, the apparent utility and Chandler, A Friendly Address, 30. "We ardently expected that some prudent scheme of accommodathig our mihappy disputes . would have been adopted." Seabury, Free Thoughts, 3. Cf. Seabury^ What Think Ye of Con- gress Noicf 6, 11 ; The Congress Canvassed, 8, 13. "It was the general expec- tation that decent petitions would be presented to Parliament." Galloway, Hist, and Pol. Ref., 66. ' Galloway asserts that there at once appeared two parties, one for petition and one for independence. Hist, and Pol. Ref., 66. Low said, "We have too much reason to suspect that independence is aimed at." Works of John Adams, 2: 394. R. H. Lee told Adams that the congress should demand the repeal of every revenue act and the coercion acts, and the removal of th^ troops. /&wt., 362. "The Boston commissioners are warm, and I believe wish for a non- importation agreement, and hope the colonies will advise and justify them in a refusal to pay for the tea until their grievances are redressed. They are in their behavior and conversation very modest, and yet they are not so much so as not to throw out hints, which like straws and feathers, tell us from which point in the compass the wind comes." Letter from one of the Delegates [Galloway], September 3, 1774; 1 Neiv Jersey Arch., 10: 475. "The Virginians and Carolinians, Rutledge excepted, seem much among the Bostonians. The gentleman from New York has as little expectation of much satisfaction from the event of things as myself." Ihid., 477. * Jay and Duane supported Galloway's plan, but afterwards signed the associ- ation. Works of John Adams, 3: 389. They were inclined to oppose the selec- tion of Charles Thompson, who was regarded as "the Sam Adams of Philadel- phia," as secretary. IMd., 358, 365 ; Cf. Galloway's version, 1 New Jersey Arch., lO: 477. Duane was much interested in inserting in the resolutions an acknowledgment of the right of Parliament to regulate trade. Works of John Adams, 2: 397. Duane was considered by some as a "violent supporter of Congress," while a recent historian has dubbed him "loyalist." Cf. HMt. MSB. Com., 14: Pt. 10, p. 237. Flick, Loyalism in New York, 34, note 1. Adams himself stated : "We have a delicate course to steer between too much activity and too much insensibility." Familiar Letters, 40. The moderate view is well expressed by Washington in a letter to Robert MacKenzie, October 9, 1774 ; Works of George Washington, St 443. [143] 144 BECKER NEW YORK PARTIES, 1760-1776 necessity of the measures we adopt. "^ The New York delegates undoubtedly held this view.* On the other hand, there were those who believed with Patrick Henry that "Government is dissolved. Fleets and armies and the present state of things show that government is dissolved : ' '^ — a statement of which the obvious corollary was that Congress possessed de facto the author- ity which had ceased elsewhere. The question thus raised was of more than academic importance, because with it was bound up the practical question of the means that Congress could use in maintaining the rights of the colonies. The value of the non- intercourse measures, which Massachusetts wished to carry,* de- pended upon the possibility of enforcing them upon the col- toies, and the New York delegates and some others" questioned the propriety of such measures because they could not be car- ried out. This objection the radicals could meet by asserting either that the people would voluntarily keep such agreements — which all experience disproved — or that Congress should assume sufficient governmental authority to enforce its recommenda- tions upon all alike. Thus early did the question of policy raise the profounder question of power, and the question of power bring the Congress face to face with the question of revolution. With the instinct of true Britons, the delegates kept the the- oretical question in the background, and ultimately avoided it altogether. Before the close of the third day, a committee was appointed to state the rights and the grievances of the colonies, and to suggest means of redress.^" The committee sat daily for some time, and the questions referred to it were undoubtedly fully discussed." As a result of these discussions, the cautious Jay came to the conclusion that there were only three means of securing redress: "Negotiation, suspension of commerce, and war." "War, he is reported to have said, was "by general con- ' Works of John Adams, 2: 344, .367. ' IMd., 368. ■' lUd., 306. » Ot. Letter from Galloway, September 3, 1774 ; 1 Ne>w Jersey Arch., 10: 475. •Hutchinson's Diary, 1: 296. 1 New Jersey Arch., 10: 474, 47q. 477. "Ford, Journals, 1: 26. 1, Am. Arch., 1: 899. " Worl\s of John. Adams, S: 374. [144] THE FIRST CONTINENTAL CONGRESS 145 sent to be waived at present."^- Low's suspicions'^ to the con- trary notwithstanding, there appears to have been no deliberate intention of precipitating war; and the alignment of parties in the Congress was made on the question of non-intercourse versus negotiation. There is indirect evidence that the non-in- tercourse proposal was once voted down, and that, a petition having been drawn up, the Congress was on the point of ad- journing when certain events turned the drift of sentiment to- ward more radical measures.'* However this may be, it is cer- tain that for the first fortnight the radicals had no advantage at least.'' Toward the end of September, however, two influences contributed to weaken the conservatives and leave the radicals in control. These were the events at Boston and the letters from England. From first to last, indeed, the predicament of Bostoii was of prime importance in. shaping the action of Congress. It was the Boston Port Bill that had brought about the Congress in the first instance, and since the Massachusetts delegates were keen for non-intercourse it was difficult to oppose that policy without incurring the charge of unfriendliness.'' Nevertheless, had any kind of accommodation between Gage and the Bostonians been reached during the first weeks of September, the action of Con- gress might easily have been different than it was. But no ac- commodation seemed possible; on the contrary, with every hour "ma., 385. '' "We have too much reason . . to suspect that independence is aimed at." ma., 394. '• Hutcliinson reports this on authority of Pownall, who ciaimed that every step in congress was reported by correspondence. "The New York and New Jersey men were determ'ned against non-importation . . and others came in and carried a vote against it ; and they agreed to present a Petition to the King which Adams drew up ; . and they expected to break up. when letters arrived from Dr. Franklin, which put an end to the Petition, and obtained a vote for non-importation." Hutchinson's Diary, 1: 296. " Cf. Galloway, Hist, and Pol. Ref., 67. " Quincy told Lord North that the Congress would undoubtedly adopt non- importation, as "otherwise, the delegates from Massachusetts Bay would be much dissappointed." Hutchinson's Diary, 1: 301. Seabury reflected the later extreme opposition to congress in saying that the conduct of the radical party ot Boston was timed to influence congress. The Congress Canvasses, 12. 13. Galloway asserts that the radicals sought to use the events at Boston to create sympathy for radical action. Hist, and Pol. Ref., 67. 10 [145] 146 BECKER NEW YORK PARTIES, 1760-1776 almost, the situation became more tense. The very day that Con- gress assembled, Gage began to fortify Boston Neck, and the next day the Suffolk County convention drew up those famous resolu- tions which placed Massachusetts in a state of rebellion. Ru- mors were current that Boston was being bombarded,^' and within a fortnight the Suffolk resolutions were placed before Congress for confirmation. The position of Congress was a diffi- cult one.^* To countenance the Suffolk resolutions and then to stick at non-intercourse was, indeed, to strain at the gnat after the camel was already do^vn. Yet even those conservatives who believed the conduct of Massachusetts rash and impolitic nat- urally found it difficult not to confirm its resolutions. It was now a question of accomplished fact : it was one thing to believe that the Suffolk resolutions were too radical, quite another de- liberately to strengthen the government in its contest with a neighboring colony. The Congress was in the dilenuna of counte- nancing rebellion or striking at that unitj^ of' action of the neces- sity of which Congress was itself the chief expression.^* Meanwhile the letters from England strengthened the feeling that it would be most inpolitic, whatever the merits of the con- troversy might be, to take any step that would indicate lack of imity in the colonies. The belief was gaining ground, chiefly through the letters of Franklin,-" that the opposition in England was wholly in sympathy with the colonial contentions, and that a few months at most would witness the fall of the ministry and the iaauguration of a policy of conciliation. If the Con- gress be unanimous for non-importation, wrote Franklin, "you cannot well fail of carrying your point. If you divide you are "Adams, Familiar Letters, 31. Seabury, The Congress Canvassed, 12, 13. "Adams, Familiar Letters, 40. " The Suffolk resolutions were regarded as of vital importance in England. Hutcliinson regarded tViem as more alarming than anything that had yet oc- curred. Diary, 1: 272. Dartmouth was "Thunderstruelj." IWd., 2T3. The king said that New England was in rebellion. Donne, Correspondence of George III., 1: 21,'>. The conservatives in America thought the same. Cf. Seabury, What Think Te of Congress Nowf 21. =" Hutchinson, Diarv, 1: 296, 359. "Many letters were written from Great Britain recommending It." [Non-importation.] Galloway, Hist, and Pol. Ref., 63. Without union, says one correspondent, "Any expedient they may think proper to adopt will, I fear, avail little." London Letter, July 30, 1774 ; New Tork Journal, September 29, 1774. Cf. iWd., October 20, 1774. [146] THE FIRST CONTINENTAL CONGRESS 147 lost."^^ As a result of these considerations, the delegates were turning from the theoretical to the practical question ; from the question of the precise demands they were justified in making to the question of the probable effect of whatever demands might be made.^^ The colonies, no less than the home government, were possessed of the fatal delusion that the other side would back down. Such was the situation when the Suffolk resolutions were laid before Congress, Sep tember 17, 1774 . These resolutions declared that the coercion acts were a gross violation of the constitution ; that, therefore, "no obedience is due from this province to either or any part of the acts above mentioned," but that they be re- garded as the "attempts of a wicked administration to enslave America." An absolute non-importation agreement was recom- mended. The inhabitants were urged to arm themselves. Pro- vision was made for a provincial congress. Finally, they were "determined to act merely upon the defensive, so long as sucb conduct may be vindicated by reason and the principles of self- preservation, but no longer. "^^ When the issue was presented in this definite fashion, a sufficient number of conservatives joined the radicals to confirm the resolutions. If they were passed "unanimously," as the journals officially declare, and Adams and others asserted, it could only have been a formal unanim- ity. We cannot suppose that all of the delegates were willing to vote for them. It is safe to say that the crucial contest of the congress was over the confirmation of these resolutions, and =" Franklin to Timothy, September 7, 1774 ; Works of Benjamin Franhlin, 8: 132. " This attitude was in evidence from an early date. R. H. Xee favored a bold stand because he thought it would result in immediate redress, otherwise "he should be for exceptions." Works of John Adams, 2: 302. Cf. Hutchinson's- Diary ^ 1: 296, 297, 555. On the other hand. Low pointed out that Parliament might not back down; therefore, it would be wise "to provide ourselves with a retreat or a resource." Works of John Adams, 2t 394. Dartmouth thought the congress was not prepared to back up its declarations, but would "wait t» see how It was received." Hutchinson's Dia/ry, 1: 251. White wrote to Tryon that congress was confident the non-importation would make Britain tremble. But. MBS. Com., 14i Pt. 10, p. 237. And that the association was only "hung out in terrorem to Great Britain." Hid., 232. Hamilton expressed this at- titude exactly In his reply to Seabury ; the conduct of congress was justified' partly because it would probably succeed. A Full Vindication, 12i. "Ford, Journals, Is 31, 32. 4 Am. Arch., li 901-904. [147] 148 BECKER NEW YORK PARTIES, 1760-1776 there is reason to think that the division, in this as in other mat- ters of importance, was not permitted to appear in the jour- nals.^* However that may he, the Suffolk resolutions were offi- cially declared to have passed unanimously, and the people of Boston were recommended to perserve "in the same firm and temperate conduct that had hitherto distinguished them. ' '^^ The approval of the Su ffolk resolu tions was the decisive event of the first Continental Congress : it was equivalent to a declara- tion for the policy of n on-interc ourse, and it disposed of the policy which the conservatives had first advocated — that of con- fining the action of Congress to the presentation of a petition.^' ^According to the Journals, "Congress resolved unanimously." Ford, Journals, 1; 39. Adams makes the statement without qualification. Works of John Adams, 2: 380; Familiar Letters^ 39. But Galloway states that "long and warm debates easued between the parties," and, when the vote carried, "two of the dissenting members presumed to offer their protest against it in writing which was negatived. They next insisted that the tender of their protest and its neg- ative should be entered on the minutes ; this was also rejected." Hist, and Pol. Ref.^ 69. In the examination before Barliament in 1779, Galloway stated that he and Duane protested against the resolution of October 8, and tried to get their protest recorded, but were refused. Examination of Joseph Galloway, 58. It is quite possible that there was only one protest, and that in one or the other of these statements Galloway was mistaken. If there was but one protest, it is difficult to understand why it should have been against the resolution of October 8, when the Suffolk resolutions, which were more important, had al- ready been passed. Tliis is, however, a minor point. It is certain that the only sense in which the Suffolk resolutions were passed unanimously is that a major- ity of delegates from every colony voted for them. No matter how strong the opposition was, if every colony voted for a measure it was entered Nem. Con. or Unanimously. Examination of Joseph Qalloway, 56. Seabury says, that it was agreed at the beginning that "neither protest nor dissent should appear upon their minutes," Free Thought, 24. Since the vital contest in the congress was whether non-intercourse measures or petitions only should be carried, it is impossible to suppose that there was no opposition to the Suffolk resolu- tions. Besides, we know perfectly that the minutes were falsified in respect to Galloway's Plan, and that a protest either to the Suffolk resolutions, or to the resoluton of October 8. was denied. There Is 'every reason to suppose, therefore, that whatever opposition there may have been to the Suffolk resolu- tions was suppressed precisely as in other instances. It may be concluded that while the Suffolk resolutions were passed unanimously as to colonies, there was a strong opposition as to individual delegates. The only indication which the Journals give of opposition to any measure is that some resolutions are re- corded Resolved Vnanbnouili/. and others Resolved, etc. ''''Ford, Journals, 1: 39. J, Am. Arch., 1: 904. 28 Tjie yote on the Suffolk resolutions laid "the foundation of military re- sistance." Hist, and Pol. Ref., 69. Seabury thought it put reconciliation out of the question. The Congress Canvassed, 13. "From that time every moderate ™an . has desiPaired of seeing any good produced by the Congress." Chandler, A Friendly Address, 31. [1481] THE FIRST CONTINENTAL CONGRESS 149 Accordingly, the radicals at once began to work out the details of an effective non-intercourse scheme. September 22, a resolution was carried requesting the merchants to send no more orders to England, and to cancel such as had not been filled." Five days later more precise form was given to this recommendation : it was resolved that after December 1 no goods should be imported directly or indirectly from Great Britain or Ireland, and that no goods so imported should be purchased or consumed in any col- ony.-*^ But the conservatices were not yet ready to renounce all hope of defeating radical measures. They prepared a counter- move, and September 28 G alloway introduced his plan for a Brit- is h-American Parliam ent.-^ It was a serious and practicable pro- posal for permanent reconciliation.^" The motion of Galloway was seconded by Duane,^"^ and a second motion was then made to enter the plan upon the minutes and to refer it for further consideration. Upon this motion "long and warm debates en- sued. ' ' The conservatives, including Jay and Rutledge, supported the motion, and it was carried by a majority of one colony.'^ Further consideration for the plan coiild not be secured, how- ever. The news from Boston was daily more alarming,^^ the eon- =' Ford, Journals^ 1: 41. i Am. Arch., 1: 904. '•Fard, Journals, 1: 42. /; Am. Arch., 1: OO.-i. =^» Ford, Journals, 1: 43. Galloway had come to the congress with the idea of proposing representation in Parliament. Governor Franklin to Dartmouth, September 5, 1774 ; 1 New Jersey Arch., 10: 474. Cf. Letter of Galloway, S'ep- tember 3, 1774 ; Md., 476. The feeling that representation was impracticable doubtless led to the change. IMd., 474. Eo "Greatly approved of by some of the most sensible men in that city" [New York]. Governor Franklin to Dartmouth, December 6, 1774; 1 New Jersey Arch., 10: 503. Rutledge was of opinion that It was almost a perfect plan. Works of John Adams, 3: 390. Dartmouth was much in favor of some such constitutional union. Dartmouth to Golden, January 7, 1775 ; Nelw Tork Oct. Doc, S: 529. "How amazing it is my Lord that when a rational mode of pro- ceeding, evidently tending to a reconciliation, was introduced and supported by men of the best judgment, the Congress should prefer a method big with wickedness." Colden to Dartmouth, December 7, 1774 ; ibid., 513. » Works of John Adams, S: 389. sz "Warm and long debates ensued on the question whether It should be entered on the proceedings o*Congress or he referred to further consideration. All the men of property, and most of the ablest speakers supported the motloni while the republican party strenuously opposed it. The question was at length carried by a majority of one colony." Galloway, Hist, and Pol. Ref., 81. Cf. Works of John Adams, 2: 387 tf. 1 New Jersey Arch., 10: 504. ^'Cf. Ford. Journals, 1: 55-58. [149] 150 BECKEK NEW YORK PARTIES, 1760-1776 servatives lost their majority, and ultimately, probably October 21,=* it was voted to expunge the plan, and all resolutions ;-e- ferring to it, from the minutes.^^ Meanwhile, the policy of non-intercourse was worked out. /??'/ 'September 30 the non-exportation resolution was passed.^' A few days later, in reply to a communication from Boston, it was resolved that "this Congress approve of the opposition by the Inhabitants of Massachusetts Bay, to the execution of the late acts of Parliament; and if the same shall be attempted to be carried into execvition by force, in such case, all America ought to support them in their opposition.'"*^ The reports of the committees on the association, on the addresses, and on the petition, were now presented in rapid succession and adopted, with what opposition cannot be learned. Probably there was but little. The radical policy was a foregone conclusion, and even Galloway and Duane signed the Association. =' October_ 26, having carried through radical measures by a bare majority, rather than with that cordial unanimity which the journals reported, the con gress was dissolv ed.^" It is usually maintained that the first congress carried through a conservative policy. The explanation of this fact is that an altogether excessive attention has been given to the addresses ^nd the petitions. Of these, certainly, there was a sufficient mumber: the Petition to the king, the Address to the People ""Met, dismissed the plan for a union." Ward's Journal, October 22.. 1774; :Mag. of Am. Hist., 1: 442. It seems certain that the plan was not expunged 1 until after October 20, the date of the signing of the association, for Galloway 'Ysays he was Induced to sign the association in the expectation that the rule referring his plan for further consideration "would have been regarded." Gal- loway, Candid Examination, etc. ; quoted In Works o/ John Adams, 2i 387. " "Rejected It, without sufCering it to be discussed . . . and ordered it to be expunged from the minutes." Galloway, Hist, and Pol. Ref., 82. "But, though a plan . . was proposed . . . and .even, entered on their minutes, with an order referring it to further consideration, yet they not only refused to resume the consideration of it, but directed both the plan and the order to be erased from their minutes, so that no vestige of It might appear there." Governor Franklin to Dartmouth, December 6, 1774 ; 1 Netw Jersey Arch., 10: 504. "Ford, Journals, is 51. "Ibid., 58. ^'Ihid., 80. ^•Jhid., 114. [150] THE FIRST CONTINENTAL CONGRESS ' 151 of Great Britain, the Memorial to the Inhabitants of the Brit- ish Colonies, the Address to the Inhabitants of Quebec." That these addresses were frank and able expositions of the colonial position, there is no question. They were, on the whole, mod-- erate and conservative enough, and they represented well enough the ideas of the conservative delegates. Had the work of Con- gress been limited to the formulation of these addresses, it would be quite true that "the conservative policy carried the day and restricted the proceedings to statements of the grievances and ap- peals for relief. "^^ But that is precisely what did not hap- pen: the proceedings were not restricted to statements of griev- ances and appeals for relief. Nothing is clearer than that the vital contest throughout was over the adoption of the non-inter- course measures; and these measures were forced through in spite of conservative opposition. The addresses were mere side issues, designed undoubtedly to conciliate the conservatives in America and secure the aid of the opposition in England.*^ The fact is that the results of the first Continental Congress would have been the same had these able and lengthy papers never been penned. It was the Asso ciati on that gave the congress the _importance which it ha dj*^ it is upon the Association, there- fore, that attention must be fixed if one would understand what that importance was. The Association ^* was divided into fourteen articles, for the most part unsystematically arranged. Article one provided for the exclusion, after December 1, 1774, of all goods directly or in- directly imported from Great Britain or Ireland; of Bast India tea imported from any part of the world; of certain specified *>nM., 81, 90, 105, 115. '^lua., 6. « "An Intercepted letter from one of tlie Congress — Harrison to Yates — opened their intention in the Petition to the King, to be only to prevent their friends In opposition here from giving up their cause." Hutchinson's Diary, 1: 557. "It was the Association that alienated so large a gronrv of conservatives In New York. Cf. Seahury, Wluit Tidnk Ye of Congress Now? 27 ft. Hutchinson affirms that Lord North would have strained a point as regards the Petitions "if it had not been for the extravagant resolves, Associations, and Addresses." Diary, 1: 330. Dartmouth said that signing the Association! was equivalent to an act of treason. IWd., 324. «The Association is in Ford, Journals, 1: 75, and 4 Am. Aroh., Is 91J. [151] 152 BECKER — NEW YORK PARTIES, 1760-1776 commodities imported from the British plantations and Domin- ica; of wines from Madeira and the western islands; and of foreign indigo. Article three provided for the non-consumption after March 1, 1775, of commodities mentioned in article one. Article four provided for the non-exportation to Great Britain and the West Indies of all commodities whatever, except rice, after September 10, 1775, unless the laws mentioned in the state- ment of grievances were repealed before that date. These articles, together with article two, which referred to the slave trade, constituted that part of the Association which was directed primarily against Great Britain: they embodied the measures of non-intercourse which, by striking at the material interests of the English people, it was hoped would force concession from Parliament. There was nothing striking, certainly nothing new, in these measures. Such measures, less sweeping in extent but similar in principle, had been tried by almost every colony at different times during the preceding ten years. The superiority of the measures of Congress lay in the thoroughness with which it was proposed to ajDply the non-intercourse principle, in the nationalization, if one may so speak, of a policy that had hitherto been purely local. But the superiority of the congressional measures brought to the front, only the more prominently, the practical difficulty of carrying them into execution: their strength would turn to weakness if they could not be rig'dly en- forced. The question of measures to be taken against England was thus not more important than the question of the means to be employed in enforcing obedience to these measures in the colonies. It was to the solution of this problem that the re- mainder of the Association was mainly devoted. For the devel- opment of parties it is this part of the Association that gives to the work of Congress its immense significance. The means employed to secure obedience to the non-inter- course agreement were directed equally against colonies and individuals within the colonies. "We mil have no trade, com- merce, or intercourse whatsoever, with any colony or province in North America, which shall not accede to, or which shall here- after violate, the Association, but will hold them as unworthy [152] THE FIRST CONTINENTAL CONGEBSS 153. of the rights of freemen, and inimical to the liberty of this country." Obedience to the Association was to constitute the test of loyalty to America : for each colony the question of alle- giance was thus raised, and loyalty to America was rapidly be- coming incompatible with adherence to the laws of the Empire. It was probably not anticipated, however, that there would be serious difficulty with individual colonies. In any case, the hold of Congress upon a colony as such was slight; it was only by leaving the enforcement of its recommendations to the rad- icals within each colony that its ends could be accomplished. The Association, therefore, defined "vvith greater precision and at greater length the measures that were to be taken for secur- ing individual obedience. In one sense there were two classes of individuals to deal with; those who signed the Association, and those who did not. Legally, the distinction would doubt- less disappear; but practically there would be less objection to enforcing the Association upon those who signed it than there would be to enforcing it upon those who did not. Whatever the distinction was worth, little account was made of it, for in articles ten, eleven, and twelve, provisions were formulated for enforcing the Association upon all classes alike. To this end article eleven provided: "That a committee be chosen in every county, city, and town, by those who are qual- ified to vote for representatives in the legislature, whose business it shall be to observe the conduct of all persons touching the As- sociation ; and when it shall be made to appear to the satisfac- tion of a majority of any such committee, that any person within the limits of their appointment has violated the Association, that such majority do forthwith cause the truth of the case to be pub- lished in the Gazette, to the end that all such foes to the rights of British America may be publicly known, and universally condemned as enemies of American liberty; and henceforth we respectively will break off all dealings with him or her." By this article the Association became virtually a law of Congress, to be enforced on all alike. The penalty, it is true, was only boycott by the' members of the congress. But the nature of the penalty scarcely affects the principle involved, and as a matter [153] 154 BECKEE — NEW YORK PARTIES, 1760-1776. of course the radicals who supported Congress would support the boycott. Nevertheless, the real significance of article eleven can be appreciated only in connection with articles ten and twelve. The latter directed the local committee to inspect the customs' entries frequently, while the former authorized them to seize all goods imported contrary to the Association, and to dispose of them according to the recommendations of Congress .and largely irrespective of the owner's wishes.*" The effect of these articles was to change what would otherwise have been a voluntary association to do certain things, into a general law to be enforced upon all persofis by boycott and the confiscation of property. The first Continental Congress thus did essentially two things: it resolved that a certain line of conduct ought to be main- tained against Great Britain; it provided that those who re- fused to follow this line of conduct should be punished by social -ostracism, commercial boycott, and confiscation of property. These were the bald facts, however much their baldness may liave been concealed by the non-mandatory character of the lan- guage in which they found expression. For the delegates to sign, and to recommend others to sign, an agreement not to buy, sell, or consume certain goods was, if not in the nature of nego- tiation, at least in the nature of peaceable resistance. But when .an attempt was made to force those who signed the agreement to keep it, and those who did not sign it to act precisely as if they had, a step was taken in the direction of revolution; private persons were aiming to compel individuals to carry out a con- « "In case any merchant, trader, or other person, shall Import any goods or merchandise, after the first day of December, and before the first day of February next, the same ought forthwith, at the election of the owner, to be either reshipped or delivered up to the commitjtee . . . to be stored at the risque of the importer;, until the non-importation agreement shall cease, •or be sold under the direction of thei committee aforesaid : and in the last mentioned case, the owner or owners of such goods shall be reimbursed out of the sales, the first cost and charges, the profit. If any, to be applied towards relieving and employing such poor inhabitants of the town of Boston, as are immediate sufferers by the Boston port-bill ; and If any goods . . . shall be Imported after the said first day of February, the same ought forwith to be ■fient back again, without breaking any of the pa^ckages thereof." Ford, Journals, 1: 78, 79. [154] THE FIRST CONTINENTAL CONGRESS 155 tract for the enforcement of which neither the existing govern- ment nor the law made any provision; an agreement not to do ■certain things which the law did not compel any one to do, be- •eame an agreement to do certain things which the law prohibited. It was one thing for two men to agree not to buy goods of English merchants ; quite another to agree that if a third did so they would seize the goods and dispose of them as they pleased. That is precisely what the congress proposed to do, and in mak- ing these recommendations, it was transformed from a peace- -able assembly into a revolutionary organization. "While pro- claiming in words its allegiance to the king, it tacitly announced that the acts of the king's government no longer bound the colonists; while proclaiming the Association a voluntary agree- ment, measures were taken to clothe its provisions with the force of law. One of two things had happened: either the colonies were subject to Great Britain, in which case Congress was en- gaged in systematic robbery, or the colonies had ceased to be sub- ject to Great Britain, in which case Congress was something very like a de facto government enforcing its own law. A careful reading of the Association makes it difficult, cer- tainly, to characterize the work of the first congress as conser- v^ative. The friends of the colonists in England did not so re- gard it.*^ In America it was thought by many to have precip- itated a rebellion. If it did not precipitate a rebellion, it at least marked a most important turning point in the history of parties. As a result of the action of the first congress, the ques- tion of allegiance stood prominently forth for the first time, and henceforth it remained, under various disguises, the central fact in political history until the Declaration of Independence. With increasing distinctness a new process is clearly observable: the old factions, based upon differences of opinion as to how and by whom the resistance to English measures should be conducted, gradually gave place to parties asserting allegiance to different authorities. In the eyes of a large group of conservatives, prac- " "There Is no doubt," Dartmouth is reported to have said, "that every one •who had signed the Association was guilty of treason." Hutchinson's Diary, -I: 324. [155] 156 BECKER NEW YORK PARTIES, 1760-1776 tical identification with Congress and its committees was equiv- alent to rebellion; while the ultra-radicals, although asserting- in words their allegiance to Great Britain, were more and more inclined to regard any refusal to submit to the decrees of Con- gress as a treasonable desertion of the American cause. As the question of allegiance became the dominant one, therefore, the radical party organization tended more and more to be trans- formed into a government claiming the right to exact obedience, while those who denied this right, those who repudiated all alle- giance save to the crown, however much they may have opposed the British measures, identified themselves with the home gov- ei'nment in its effort to suppress what they regarded as open re- bellion. In the measure that allegiance became the principal issue, there ceased to be any proper function for the old conservative faction. In New York at least, this faction had hitherto em- braced the great majority of the inhabitants, most of whom however had taken no active part in the political agitation of the time. They had opposed, with varying degrees of intensity, the measures of Parliament; they had favored, with varjdng de- grees of earnestness, a peaceable settlement of the quarrel; they had believed that such a settlement was possible through calm discussion and reasonable compromise, and that it ought to be conducted through the assembly or through extra-legal organi- zations controlled by men of property with political privileges to lose rather than by men of no property who had at best only political privileges to gain. Throughout the next two years, the failure of the conservative program and the j^issolution of the conservative party was steadily accomplished. [With increas- ing sharpness, there was presented to the conservative group the alternative of adhering to Congress even if it meant rebel- lion and independence, to which they had always been opposed, or of adhering to Great Britain even if that meant submission to those parliamentary measures to which they were also opposed." "Seabury gave exact expression to the loyalist attitude towards this al- ternative : "If I must be enslaved, let it be by a king at least, and not by a parcel of upstart, lawless cotomitteemen." Free Thoughts, 18. [156] THE FIRST CONTINENTAL CONGEESS 157 'or them the question of allegiance meant a choice between two vils. To some, the lesser evil was an unquestioning adherence 5 Congress; to others, an equally unquestioning adherence to tie mother country; many could never decide, and remained as eutral as possible, awaiting patiently the course of events. This process was, of course, a very gradual one, not fully com- leted until the Declaration of Independence. Yet, in so far as ,ny definite date can be given, it may rightly be said that the Association of the first congress gave birth to the loyalist and evolutionist parties. The term loyalist, if it is to convey any Lseful meaning, must be confined to those who were prepared 3 side with England when for them it became a choice between iibmitting to Parliament or to Congress, just as the term revo- itionist must be confined to those who were prepared to side dth Congress under the same conditions. Some conservatives lade this choice directly the resolutions of the first congress reve published. The great majority of the old conservative, roup, however, was not yet convinced that opposition to Brit- sh measures necessarily involved forcible resistance, much less adependence. An effort was made, consequently, to maintain he old conservative organization, through which it was hoped to jcure a conservative interpretation of the Association. When lis proved hopeless, through the growth of radical influence 1 the organization, many still sided with the radicals in the ope of sufficiently moderating radical action to prevent hos- .lities. Of this group many were carried half-eonsciously or eliberately into revolution, some withdrew with the outbreak of 'ar to become loyalists or neutrals, and some remained until the •eclaration of Independence banished all hope of conciliation. [157] 158 BECKEK — NEW YORK PARTIES, 1760-1776 CHAPTEE Vn THE EISE OP THE LOYALIST PARTY AND THE COMMITTEES OP THE ASSOCIATION In New York the most striking direct result of the first Con- tinental Congress was the appearance of active loyalist opposi- tion. "We are told that even before the Congress assembled cer- tain Episcopal clergymen were ' ' engaged night and day writing letters and sending dispatches to the other colonies and to Eng- land," for the purpose, it was supposed, of forming "an union of the Episcopal party through the Continent in support of min- isterial measures."^ While this supposition was largely ground- less, the congress had not yet closed before the more extreme conservatives began to take an active interest in the political situation. Pamphlets and broadsides and sermons appeared in great numbers, expressing, with a freedom hitherto unknown, the reasons for opposing all measures "which must be offensive to Parliament."^ What may be called distinctively loyalist lit- erature now made its appearance, and it performed the functions of expressing the views of that party and of directing the con- duct of its members. The writers who have left us the clearest and fullest expres- sion of the loyalist position were mainly Episcopalian clergymen . — Seabury, Chandler, Cooper, and Inglis — ^who had never taken any active part in resistance to British measures, and whose ' Told to Aaams \>y P. V. B. Livingston. Works of John Adams, 2: 348. An Episcopal convention was held in New Yorlt, May 18, 1774, which may have been the origin of Livingston's story. Cf. Hist. USS. Com., 14: Pt. 10, p. 219. ' "Men now speak and publish sentiments in favor ot government with much greater freedom . . . than has been known here for some years past." Golden to Dartmouth, September 7, 1774 ; New York Col. Doc, S: 488. Cf. ma., 493. [1581] THE EISE OF THE LOYALIST PARTY ISD' creed doubtless predisposed them to submit more readily than other men to the constituted authorities in church and state. Even these extreme conservatives had passively supported Con- gress, had looked to it to effect a permanent reconciliation, or at least to throw the weight of its influence against all measures looking toward rebellion.' But when the Suffolk resolutions were approved and Galloway's plan expunged they believed that nothing but evil could longer be expected of Congress,* — - a belief which was confirmed by the Association, in which they could see nothing but the erection of a rebellious government."^ In a series of pamphlets — notably those of Seabury" — in which the whole question was discussed with remarkable ability and incisiveness, the, congress was accordingly denounced as having betrayed America.' The writers of these pamphlets accepted the challenge of the Association, which branded them as enemies' of liberty, and in turn branded the supporters of Congress with the same epithet. They maintained that the conduct of Congress was inexpedient, illegal, and tyrannical. It was inexpedient be- cause non-intercourse would injure America more than it would injure England,* and because it would be quite impossible "to ' Seabury, The Congress Canvassed, 5, 13. Seabury, Free Thoughts, 3. Chand- ler, A Friendly Address, 30. * Chandler, A Friendly Address, 31. Seabury. ^Vhat Think Ye of Congi^sf Kowf 6, 21. Seabury, The Congress Canvassed, 5. ' Congress has spent its time "in exercising an assum'ed power of government." "Eyery article in this instrument was intended by them to have the force of a law." Seabury, The Congress Canvassed, 13, 14. Seabury, What Think Ye of Congress Now? 27. Chandler, A Friendlp Address, 35. " The principal pamphlets appearing at this time on the loyalist side were : The American Querist, probably written by Cooper; A Friendly Address, prob- ably written by Chandler; What Think Ye of Congress Noiof probably written by Seabury ; and a series of four pamphlets signed A. W. Farmer, written by Seabury. They were in order of appp'earance : Free TTioughtg, etc., The Congress Canvassed, etc., A View of the Controversy, etc.. An Alarm to the Legislature of the Province, etc. All of these pamphlets appeared between July, 1774, an* February, 1775. There is an excellent summary of the Farmers' pamphlets in Tyler, American Revolution, 1: 334 ff. ' "They have taken no one step that tended to peace ; they have . either ignorantly misunderstood, carelessly neglected, or basely betrayed the- Interests of all the colonies." Seabury, Free Thoughts, 3. * This was the main theme of Seabury's first pamphlet, Free Thoughts. The merchants were charged with desiring non-imiportation for monopoly jpir'ces. "The proof that prices will rise is that they have already risen." Free Thoughts, 12, 13. [159] 160 BECKER NEW TORK PARTIES, 1760-1776 bully and frighten the supreme government of the nation" into making concessions." It was illegal because in the Association Congress had assumed powers of government; and in assuming the powers of government a tyranny far more oppressive than the alleged tyranny of Parliament had been established.^" "If I must be enslaved," wrote Seabury, "let it be by a king at least, .and not by a parcel of upstart, lawless committeemen. "^^ In defining their position the loyalists were strong; it was in giving practical effect to their views that they were weak. They never had any party organization worthy of the name, and in the nature of the case it was difficult for them to have one. Their position was essentially one of negation: they denied the authority of Congress; they denied the expediency of non-inter- course; their organization was the English government itself, and upon it they relied to do whatever was necessary. To at- tempt to suppress the extra-legal committees by force would involve the very illegal methods against which they protested. It was open to them to express their opposition to the radical program by taking part in the election of delegates or commit- teemen. This they usually did whenever there was an opportun- » "Can we think to threaten and bully and frighten the supreme government of the nation into a compliance with our demands'?" Seabury, iMd., 6. "It will greatly distress a country which I love, and it will not answer the pur- pose." Chandler, A Friendly Address^ 35. ^^ In spite of soft words "they have) solemnly bound themselves and their constituents, by whom they effect to mean every inhabitant in the Colonies, to adhere firmly to the Association they have appointed their officers to carry it into execution — and they have ordained penalties upon those who shall presume to violate it." Seabury, The Congress Canvassed, 14. "To talk of being liege subjects of King George while we disavow the authority of Parliament is another piece of Whiggish nonsense." Seabury, A View of the Controversy, 10. That Congress could bind its constituents was nonsense. "Not one person in one hundred, in th's province at least, gave his vote for their dection," Seabury, Free Thoughts, 23. Cf. What TMnh Ye of Congress Voiof 18. Chandler. A Friendly Adilrexs, 31. '1 "Will you be instrumental in bringing the most abject slavery on yourselves? Will you choose such committees? Will you submit to them should they be chosen by the weak, foolish, turbulent part of the country people? . I will not. No. If I must be enslaved." etc., Seabury, Fnee Thoughts, 18. "They are making us the most abject slaves that ever existed." lUd., 23. Having boasted that no British Parliament should ever dispose of a penny of your money, "you suffer yourselves to be bullied by a Congress and cowed by -a committee." Seabury, The Congress Canvassed, 16, 17. Cf. Chandler, A Friendly Address, 31. [160] THE EISE OF THE LOYALIST PARTY 161 ity to vote for or against the appointment of any committee or of any delegates whatever. But this opportunity was rarely offered ; most frequently- it was merelj- a question of voting for one set of delegates rather than another; to vote for either set would be to recognize the extra-legal program, and the refusal to recog- nize that was preoisely what distinguished the loyalists from the conservatives. In thus withdrawing from the extra-legal move- ment altogether, the loyaLsts, in so far as they sought redress from British measures or the suppression of the radical organiza- tion, were forced to rely upon the assembly and ultimately upon the British army. The proper conduct for all true Americans was clearly outlined in the pamphlets of Seabury. thej^ were counseled to renounce congresses, ignore' committees, and pre- vent their election whenever possible, and for the future to rely upon their constitutional representatives in the assembly.^' Henceforth the loyalists, in so far as they constituted a party, followed this advice, the practical effect of which was to strengthen the radicals by vreakening the conservatives. If the loyalists regarded Congress as having betrayed America, the extreme radicals naturally felt that it marked a victory for themselves. ^^ The Association was a more thorough-going ex- pression of their policy than they could reasonably have ex- pected, or at least a more nearly perfect realization of it than they had ever achieved, or could ever achieve, perhaps, without intercolonial support. In one point only the Association did not satisfy them : the exclusion of Holland tea threatened to destroy ^^ "Kenounce all dependence on Congress and committees. I'hey have neglected or betrayed your interests. Turn then your eyes to your constitutional repre- sentatives. They are the true, and legal, and have been hitherto the faithful defenders of your rights, and liberties. . . Address yourselves to them. Present petitions to them, entreating them to take the matter into their own hands." Seabury, Free Thouffhts, 22. C{. Seabury, What Think Ye of Congress Noiot 42, 4.3, 47. The last pam,iJhlet of Seabury was itself a petition to the assembly to save the colony from revolution. C]. An Alarm to the Legislature, etc. " Cooper asked "whether it be not time for our farmers and mechanics and laborers to return to their business, and the care of their familiefi." The American Querist, 29. But from the mechanics' point of view, now was pre- cisely the time to advance their political fortunes. The mechanics were at ■some pains to thank the delegates for their services. Rivington's Gazetteer, November 24, 1774. 11 [161] 162 BECKEE NEW YORK PARTIES, 1760-1776 a very profitable smuggling trade/* But generally speaking, the policy of Congress was precisely that of the radicals in New York, and they were prepared to give to it the most loyal sup- port, — the more so, as only through the congress, expressing the will of all the colonies, was it possible to secure an effective reali- zation of that policy in New York, and thus of assuring for them- selves political supremacy in their own colony." The leaders of the faction, accordingly, began at once to inter- est themselves in the enforcement of the congressional recom- mendations. While the proceedings of Congress were in the main withheld from the public until its adjournment, the pub- lished resolutions of September 22 and 27 were sufficient to in- dicate the stand that would ultimately be taken.^" It was per- haps in response to these recommendations that a meeting was called at Mr. Mariner's to consider the case of some merchants who were reported to have furnished the troops at Boston with supplies.^' September 27, a committee was appointed to "wait on these gentlemen . . . and obtain their answer in writ- ing." "All the friends of liberty" were requested to attend the following evening at Bardin's to "adopt such measures as the exigency of th's alarming occasion may require."^* What the committee reported does not appear. But that it attempted to carry out its instructions is evident, for the Fifty-One was shortly petitioned to assemble a meeting to inquire into the af- " White wrote to Tryon that the Association was dislilied by smugglers. Bist. MSS. Com., 14: Pt. 10, p. 237. "The non-importation Association 'effects smug> glers as well as fair traders . . The smugglers expect large quantities of Dutch tea. and insist that it shall be exempt from the effects of the Asso- ciation. Others declare that the fair traders shall not be the only sufferers." Colden to Dartmouth, December 7, 1774; New York Ool. Doc, 8: 612. " Of. William Smith to Tryon, November 25, 1774 ; H^st. MS8. Com., 14: Pt. 10, p. 235. Smith to Schuyler, November 22, 1774 ; Lossing, Life of Schuyler, 1: 288. "Ford, Journals, 1: 41, 43. These were the initial non-Impartation resolu- tions. After the Suffolk resolutions were approved, the non-intercourse was generally regarded as inevitable. Cf. Hist. MSS. Com., 11: Pt. 5, p. 362. " To the Publlo, September 28, 1774 ; Broadsides, 1. The Mechanics Commit- tee had recently received a letter from Boston relative to the attempt of Gage to employ New York workmen, i Am. Arch., 1: 803. Cf. To the Public, Oc- tober 5, 1774 ; Broadsides, 1. "To the Public, September 28, 1774; Broadsides, 1. [162)] THE RISE OP THE LOYALIST PARTY 163 fair.^^ The Fifty-One was quite willing to maintain its position as the only authoritative city committee, and on the 30th a meeting was assembled at the city hall. When Acting Chair- man Eemsen attempted to present the matter to the people a disturbance was created which made it necessary to adjourn to the Coffee House. Here two questions were put: whether those now assembled had authorized the alleged committee to inquire into the private affairs of citizens, and whether in any case they approved of its action. Both questions were negatived "by a very great majority."^" While the loyalists were denouncing Congress in unsparing terms and the radicals were preparing to secure a vigorous ex- ecution of its recommendations, the conservatives, with charac- teristic caution, were slow to commit themselves. The arrival of the non-exportation resolution towards the middle of October, we are told, "alarmed the good people here very much," the utility of such a measure being "flatly denied. "^^ Golden wrote that ' ' a large majority of the people wish that a non-importation agreement may not be proposed; and were very much surprised on finding that such a measure would probably be resolved on by Congress. "^^ These resolutions, when finally published, he was convinced, "do not meet with rapid applause here." The farmers did not like the prospect of non-exportation, while "the merchants seem to disrelish the non-importation Associa- tion;" they are "at present endeavoring to sift out each other's sentiments ... a sure sign, I take it, that they wish to avoid it."='^ Sifting out each other's sentiments was, in fact, the most vital matter for the conservatives at this moment. The line of conduct for them to follow was not clearly discernible. One solution " Petition of a Number of Inhabitants, September 29, 1774 ; Broadsides, 1. Neis York Mercury, October 3, 1774. Rlvlngton'a Ganetteer, October 6, 1774. i Am. Arch., 1: 326, 327. » Petition of a Number of Inhabitants, September 29, 1774 ; Broadsides, 1. Cf. Colden to Dartmouth, October 5, 1774; New York Col. Doc, 8: 493. " Peter Van Schaack to John Jay, October 12, 1774 ; Van Schaack, Life of Tan Bcfiaaok, 21. "Colden to Dartmouth, October 5, 1774 ; New York Col. Doc, 8i 493. "Colden to Dartmouth, November 2, 1774; New York Col. Doc, 8i 510. [163] 164 BECKER — NEW YORK PARTIES, 1760-1776 was to follow the advice of Seabury and go over to the loyal- ists. A few, doubtless, took that step. But most of them were not convinced of the wisdom of such a procedure, for the prac- tical result would be to leave the control of affairs in the hands of the radicals. A conservative policy was still believed to be practicable. The Association might be rejected, if not, its en- forcement might be intrusted to the old committee of Fifty- One; if a new committee was indispensable, the conservatives, by taking an active part in its election, might still control the situation. It was felt to be far better for the conservatives to control the execution of an Association of which they did not approve than to withdraw, as the loyalists advised, and leave its execution to the radicals. These were the considerations, un- doubtedly, which had led the conservative delegates, Jay, Duane, and Low, to sign the Association which they had opposed during the proceedings of Congress; they were the considerations which now influenced the committee of Fifty-One, a large majority of whose members were still opposed to it."'* ^ "You know what spirit prevailed in the Committee of Fifty-One before the Congress had published their resolves, lettprs, etc. Their delegates have become converted to the prevaUin^ sentiments of the Congress. The true motives I cannot as yet pronounce . I have a little clue. Suppose some of them who were once opposed to the liberty boys should have reasoned rthus at I'hiladelphia ; 'Tlie government favor we have already lost and the 'Question only is whether we shall coui't the continent or the merchants of New TTork. From the last we have less to fear. There is an approaching election, ■and with ipart of the trade, part of the church, all of the non-Episcopals, and all of the liberty boys, we may secure places in the Assembly and laugh at the idlscontented.' You'll not wonder therefore to learn that by the interest of the delegates the committee of Fifty-One is to be dissolved and a new committee to be appointed to execute the decrees of Congi-ess, wKch is to consist of fhe Delegates and such a set as the most active of the Liberty Boys approve, and had (through the mechanics, who were consulted) chosen in conjunction with the Fifty-One, from which a set' who formerly dictated all their movements, have retired, outwitted and disgusted, and, as they think, betrayed." Smith to Schuyler, November 22, 1774; Losslhg, Life of Schuyler, 1: 288. "I was surprised to find such men joining with the committee, whose design is to ex- ecute the plan of the Congress. I have at length discovered that they act ■with a view to protect the city from the ravages of the mob. For this purpose, they say, they are obliged to support the measures of the Congress ; that if they did not, the most dakg'erous men among us would take the lead : and under thel pretence of executing the dictates of Congress wouTd immediately throw the city into the most perilous situation." Colden to Dartmouth, December 7. 1774; Letter-Book, 2: 372; New York Col. Doc, 8: 513; 4 Am. Arch., It 1030. [164] THE RISE OF THE LOY.VLIST PARTY 165 November 7, accordingly, the committee, without expressing any opinion in the matter whatever, resolved that, inasmuch as Congress had seen fit to draw up the Association and had rec- ommended the appointment of committees to enforce it, the free- men and freeholders should be assembled at the usual place of election on November 18 to choose eight persons in each ward to act as a committee of inspection.-^ It was doubtless intended that the suffrage should be confined to the legal voters, as Con- gress had recommended.^" There was, besides, nothing in the announcement that implied the dissolution of the Fifty-One; it is likely, indeed, that the new committees were intended to serve as ward committees under the supervision of the Fifty-one. If the conservatives, therefore, took the first step in response to the recommendations of Congress, it was only that they still hoped to exercise a controlling influence in a situation with which they had little sympathy, and for which they were not responsible. The radicals no doubt clearly perceived the end which the old committee had in view. But they were far too much encouraged by the conduct of Congress, and by the dilemma in which the conservatives were placed by it, not to take advantage of their opportunity.-^ On Sunday, November 13, the Mechanics Com- mittee published a broadside calling for a special meeting of that body at 4 o'clock and a general mass-meeting of all radicals at 5 o'clock on the following day, presumably for the purpose of discussing the questions raised by the resolutions of the Fifty-One.^' It is not known precisely what was done at either of these meetings, but it is obvious that the proposals of the con- servative committee were found unsatisfactory. The Fifty-One on the evening of the same day addressed to the Mechanics Com- mittee a letter requesting a conference on the day following, in order that a "mode that shall be agreeable to their fellow citi- zens in general" might be arranged.-" This conference resulted =»4 Am. Arch., 1: 328, 329. Moved by Duane. 2° The Association. Art XI.; Ford, Jonrnal, 1: 70. ^'' The rad,ieals were encouraged by letters from Boston. Cf. Letters of Thomas Young, October 4, November 19, 1774; Ijimb MSri., (1774-1775). ^' Daniel Dunscomb, To the Mechanics, November 13, 1774 ; Broadsides, 1. "i Am. Arch., 1: 329. [165] 166 BECKEE — NEW YORK PARTIES, 1760-1776 in the adoption of a plan widely different from the original proposition of the conservatives. Instead of ward committees, there was to be a general committee of inspection of not more than seventy or less than sixty members. It was to be elected by the freemen and freeholders, not in ward elections, but at the city hall, under the supervision of the vestrymen. Finally, it was understood that the election of the new committee should be followed by the immediate dissolution of the Fifty-One."* If this arrangement is to be regarded as a compromise, it was a curiously one-sided one. There were two points which it was of serious importance for the conservatives, if they wished to remain conservative, to hold to — ^the limitation of the suffrage, and the continued existence of the Fifty-One. Virtually, both points were given up. It is true the suffrage was not technically extended, but the method of election was so changed that the suffrage ceased to be a matter of any importance: to say that the committee should be elected by the freemen and freeholders, at the city hall, under the supervision of the vestrymen, was only crudely to conceal the fact that the decisive method of election by ballot was to be replaced by the indecisive method of election in general mass-meeting. The second point was given up without reservation, and this was, after all, the matter of vital importance. Its importance consisted in the fact that in losing the Fifty-One the conservatives were losing their inde- pendent organization. The new committee, nominated by both factions, could not represent the conservatives as the Fifty-One had represented them. On the contrary, it would stand quite as much (more, indeed, as the sequel proved) for radicalism as for conservatism. There was., consequently, no more inherent reason for the dissolution of the old conse'rvative Committee of Fifty-One than there was for the dissolution of the old radical "Ihid., 330. "Each Committee to interchange one hundred names, out of ■which the Committee is to Tie nominated," Ibid. The printed agreement says nothing about the dissolution of the Fifty-One. But it was one of the stijnila- tlons, since the Fifty-One stated In a later announcement: "This commlt- tee . . . having consulted with many of their fellow citizens;, and also conferred with the committee of Mechanics . . . and having agreed to dissolve their body as soon as the new committee shall be appointed," etc. Itid. [166] THE RISE OP THE LOYALIST PARTY 167 Committee of Mechanics. But by the present arrangement, after both parties had united in the formation of a new joint organi- zation, one party was required'to dissolve its old special organiza- tion, the other was not. We are told that the new plan was carried through by the delegates, who were to be included in the new committee together with "such a set as the most active of the Liberty boys approve," and that when the ticket was made up a minority of the old committee, "who formerly dictated all their movements, retired, outwitted and disgusted, and, as they think, betrayed. "=^ That the old committee was not unanimously in favor of the com- promise, we can well believe, and some of its members doubtless made this event the occasion for identifying themselves with the loyalists. There was, however, no open rupture. November 15, the Fifty-One issued a second notice, pointing out the changes which had been made, and the election was now fixed for the 22nd of November.^^ On that day "a respectable number of freeholders and freemen" appeared at the city hall, and the ticket prepared by the two old committees was elected without a dissenting voice.^^ The election of the Committee of Sixty was a victory for the radicals. It is true that all shades of opinion were represented in it, just as all shades of opinion had originally been repre- sented in the Fifty-One. But there were fewer men on the Sixty than there had been on the Fifty-One who ultimately be- came loyalists, and more who advocated a radical policy. Twenty-nine members of the original Fifty-One found places on the Sixty. Of these not more than eight became loyalists ; eleven were radicals from the Sons of Liberty camp; the rest were moderates who gave an active or passive support to the Revolu- " Cf. Letter of William Smith, quoted above, note 24. ^4 Am. Arch., 1: 330. " This is the committee's announcement of the result of the elections, i Am. Arch., 1: 330. Rivington's Gazetteer, November 24, 1774; New TorJt Mercury, November 281. 1774. Golden assured Dartmouth, on the other hand, that "About 30 or 40 citizens only appeared at the election and chose the 60." i Am. Arch., 1: 1030; New York Col. Doc, Ss 512. [167] 168 BECKER — NEW YORK PARTIES, 1760-1776 tion.^^ Of the twenty-two members of the Fifty-One who were now excluded from the Sixty, a majority became loyalists, and only three or four ever became active supporters of the Revolu- tion.^^ The thirty-one members of the Sixty who were not members of the Fifty-One included not more than five or six loyalists, and about ten who became active radicals.^" The election of the new committee thus offered no consolation to those who hoped that the Association would be rejected out- right; while those Avho expected that its enforcement would be merely nominaP^ were fated to disappointment. The non-in- tercourse agreement was rigidly enforced by the new commit- tee. In October the importers themselves took the lead by pub- licly declaring that they would not increase their stock of goods before the first of December, or raise prices after that date, and they agreed to boycott any one who should do either.^* »> The following were on both the Fifty-One and the Sixty ; those in Italics ultimately became loyalists ; thos? in small capitals represented the radical wing. Isaac Low, Philip Livingston, .Tames Duane, John Alsop, John Jay, P. V. B. Livingston, Isaac Seaes, David Johnson, Charles Nicoll, Alexander McDouGALL, Thomas Randall, Leonard Lispenaed, Edward Laigfit, William Walton, John Broome, Joseph Hallbtt, Charles Shaw,. Nicholas Hoffman, Ahram Walton, Peter Van Scliaacl;, Henry Eemsen, Peter T. Cuetenius, Abeam Brasher, Abeam P. Lott, Alexander Duryee, Joseph Bull, Francis Lewis, John Be Lancey^ G. H. Ludlow. == The following are the names ; those in italics became loyalists, or neutrals with loyalist sympalhie. *^ Neither master nor owner of these ships asked for any assistance of the government in landing the cargoes. These events gave the radicals "great spirits." according to Colden. Golden to Dartmouth, March 1, 1775 ; Neiv York Col. Doc, 8: 54.3. Cf. Hist. MSS. Com., 14: Pt. 10, p. 289. New York~ Jouinal. March 23, 1775. , " William and Henry Ustic, the former of whom was a member of the S'xty. New York Journal, April 13, 1775. 4 Am. Arclu, 2: 282. To the In- habitants, April 13, 1775 ; Broadsides, '. " The committee resolved that the third article of the Association prohibited the sale of tea after March 1, 1775, irrespective of the time of its importation. New York Journal, March 30, 1775. PhillT Lott wrote that there was no- sale for Dntch tea in New York. Lott to Elphinstone of Cppenhagen]. Ma^ 3. 1775 ; Bist. MSS. Com., 14: Pt. 10, p. 297. "New York Col. Doc, S: 543. "New York Journal, April 27, 1775. "4 Am. Arch., 1: 328, 329. [169] 170 BECKER NEW YOEK PARTIES, 1760-1776 any action in the matter. On the other hand, the rise of loyal- ist opposition to the congress might very well result in positive conservative action which would defeat the Association in many -counties. The result, in fact, was not materially different than that which attended the election of delegates to the first congress. Three counties at most can he said to have given the Association a favorable reception on its first appearance: Albany, Suffolk, and Ulster. The Albany committee, which had now become a permanent organization, ratified the proceedings of Congress December 10, 1774, although the delegates were asked to explain why they voted to allow the exportation of rice from South Car- olina.*^ It was asserted that the committee was almost evenly •divided on the question,*' but it appears that the division oc- curred with respect to instructing the representatives in as- sembly to vote for approval of the' congress.*' The action of the committee appears not to have been publicly opposed save in King's district. December 24, "five of the King's justices of the county of Albany and a great number of the people belong- ing to the said district" resolved to resist all associations to ob- struct the courts of justice or to obstruct the offices of the law.°" The Suffolk county committee met November 15, at the county hall, and resolved "that we do fully approve of the proceedings >of the late continental Congress, and recommend it to the several towns to see that the Association ... be strictly ob- served. "^^ In February a meeting of several town committees confirmed these resolutions, and instructed the representatives of Suffolk County to vote for any motion mad'e to appoint delegates to the second congress. The conduct of Benjamin Floyd in rsigning a loyalist paper was censured, and all publishers and circulators of papers tending to create dissentions were de- 'nounced as enemies of the country. It was asserted that most of the towns and districts in Suffolk have "fully adopted the "Albany Committee to the Delegates, January 5, 1775. Ibid., 1098. *'IUii., 1097. "IWd., 1097, 1098. "Neto York Mercury, February 6, 1775. 4 Am. Arch,., 1: 1063. "4 Am. Arch., 1: 1258. [170] THE RISE OP THE LOYALIST PARTY 171 measures recommended by Congress, and determined upon a strict observance of the Association. "^^ Next to Suffolk, the most radical county appears to have been Ulster. January 6, 1775, freeholders from five towns assem- bled at Hurley, approved the Association, and recommended the towns to appoint committees to enforce it.^^ Such committees were forthwith appointed in Kingston,^^ New Windsor,^'' Han- over,^'* Showangnuk," and "Wallkill.^^ Loyalists, of whom there were many, were threatened with tar and feathers. But the loyalists in Showangnuk, finding that reason was insufficient, bore public testimony to their loyalty by erecting, on the 10th of February, "a royal standard on a mast seventy-five feet high," bearing an inscription which asserted their determination to help enforce the laws in opposition to any congress or com- mittee whatever.^" Certain counties appear to have been about evenly divided, loyalist activity being sufficient practically to nullify the Associa- tion. In Tryon County the influence of the Johnsons was suf- ficient to counteract the radical sentiment in the German dis- tricts. March 16, 1775, the Grand Jury and the magistrates and some others, thirty-four in all, issued a declaration opposing the Association, and affirming their loyalty to the king.*" Com- mittees were nevertheless subsequently appointed in four dis- tricts, but they did not meet as a county committee until June 6, 1775, when the situation had very materially changed.**^ In Dutchess County a loyalist Association was signed by a number '2 Huntington, Smithtown, Islip, Soutbhavcn, "and some of the principal in- habitants of tlie town of Bi-ookhaven," February 23, 1775. lUd., 12.57. " Kingston, Hurley, Marbletown, Rochester, and New Paltz. Sboonmacher, Kingston, 164. 4 Am. Arch., 1: 1100. » Committee of seven chosen April 7, 1775. New York Mercury, April 17, 1775. 4 Am. Arch., 2: 2S8. Cf. Schoonmacher, Kingston, 164. "Committee of six chosen March 14, 1775. 4 Am. Arch., 2: 131-133. "Committee of seven chosen January 27, 1775. nidi., 1: 1191. " Meeting of freeholders in January occasioned by the circulation of Sea- tury's Free Thoughts. A committee of five chosen. Ibid., 1183. " Committee of five chosen January 30. Itid., 1201. "Hid., 1230. Tbid., 2: 151. Campbell, Annals of Tryon County, 33. "1 The districts were : Palatine, Conajoharie, German Flatts, Mohawk. Camp- bell, Annals of Tryon County, 44! Benton, Eistory of Herkimer County, 66, ■67. [171] 172 BECKER NEW YORK PARTIES, 1760-1776 of inhabitants, who agreed to "support each other in the free exercise of our undoubted right to liberty in eating, drinking, buying, selling, communing . . . with whom we ple'ase, con- sistent with the laws of God and the laws of the land, not with- standing the Association entered into by the Continental Con- gress.""- No public approbation of Congress appears to have been declared in this county. Both parties were very active in Queens County. A town meeting at Jamaica, December 6, approved the measures of Congress, thanked the delegates, and resolved to use "constitu- tional and prudent" measures for carrying out the Association, for which purpose a committee of nine was appointed.''^ But January 27, 1775, one hundred and thirty-six men, including, it was claimed, ninety-one of the one hundred and sixty freehold- ers in the town, signed a resolution abjuring Congress and denouncing the Association."* At Flushing, a loyalist report tells us, one-seventh of the freeholders appointed a committee of twelve to enforce the Association."^ At New Town the super- visors advertised a town meeting for December 10, when a "great number of the most respectable freeholders" assembled and appointed a committee of seventeen,"" which passed resolu- tions in support of the Association."' A number, it is said, re- fused to serve on the committee, which was soon reduced to seven,"* while the resolutions themselves were repudiated by fifty-six persons, who resolved not to recognize any authority but the general assembly."^ In Oyster Bay the freeholders were assembled December 30, 1774, to consider the resolutions of Congress, but "there being present but a small part of the freeholders, the meeting was adjourned."'" Another report has it, however, that there were ninety freeholders present, and »M Am. Arch., 1: 1164. «'/6ifJ., 1027. «< Ibid.. 1191. "" Onderdonck, Doc. and Letters of Queen's County, 21. " i Am. Arch., 1: 1035. '''New Torlc Mercury, January 9, 1775. " Ricker, New Town-, 175. "New York Mercury, January 16, 1775. '» Ondei-donck, Doc. and Letters of Queen's County, 20. [172] THE RISE OP THE LOYADIST PARTY 173 that the meeting was adjourned because a majority considered the object of the meeting to be illegal.'^ In seven counties the Association was either ignored entirely or easily suppressed until after the events of April, 1775. A committee was ■ appointed at White Plains in Westchester County, but forty-five freeholders denounced the Association, and the committee did nothing.'- In the counties of Kings, Orange, Richmond, Charlotte, Cumberland, and Gloucester, there is no record of any action on the Association until after the battle of Lexington. Meanwhile, there was another ques- tion of greater interest than the Association, but closely con- nected with it, which was engaging the best efforts of loyalists, conservatives, and radicals alike during the winter and spring of 1775 — ^the election of delegates to the second congress, which was to assemble in Ma v. " New York Mercury, January 9, 1775. Rivington's Gazetteer, January 5, 1775. 4 Am. Arch., 1: 1076, 1077. '-New York Mercury, January 16, 17Y5. Cf. Dawson, Westchester County, 36 fE. Baird, History of Rye, 220. Two loyalist associations circulated in West- chester, one of whicli originaited in Dutchess, Tliey ai"e given in Dawson, Westchester County, 43, note 1, 44. [173] 174 BECKER NEW TOEK PARTIES, 1760-1776 CHAPTER VIII ELECTION OF DELEGATES TO THE SECOND CONTINENTAL CONGEESS. Early in the year 1775, the assembly, which had been pro- rogued to meet January 10,^ became the center of interest. Its deliberations were certain to be concerned with the double ques- tion of confirming or refusing to confirm the action of the first Continental Congress, and of appointing or refusing to appoint delegates to the second. Even the best informed could not foretell which answer the assembly would give to either of these questions f and the result was that all parties, save perhaps- the extreme radicals, were hoping to make use of it for the pur- poses which they had in view. The old Sons of Liberty^ were not much interested. If the assembly should confirm the Association, it would doubtless ap- point delegates to the second congress, and such an event, be- sides securing for New York a conservative delegation, would lessen the importance of the extra-legal machiuery which they were now in a fair way to control. The conservatives, on the other hand, saw in the assembly the best hope for maintaining their policy. The second congress was a foregone conclusion; if the assembly could be induced to take part in the popular movement, the conservatives, by their double representation on the Sixty and in the assembly, would have an excellent chance to exercise the same influence which they had formerly exercised > Golden to Dartmouth, Decemter 7, 1774; New York Col. Doc, 81 513. = "Many people think there is a probatiility that they will go upon concilia- tory measures . . . The event Is uncertain." Colden to Dartmouth, De- cember 7, 1774; New York Col. Doc., 8: 513. Smith thought the assembly would approve of Congress. Smith to Tryon, December 6, 1774; Hist. MBS, Com., 14! Pt. 10, p. 236. Cf. ibid., 232. [174] ELECTION OF DELEGATES TO SECOND CONTINENTAL CONGRESS 175" througli the committee of Fifty-One. Finally those who, like Seabury and Chandler, were taking a frankly loyalist position, looked to the assembly to confirm their decision. "To you,, gentlemen," wrote Seabury, "the good people look for relief . . . from this intolerable state of slavery. ... If laws made and decrees passed at Philadelphia, by the enthusiastic republicans of New England and Virginia, are to bind the people of this province, why, gentlemen, do you meet? . . . Tour duty requires you to . . . break up this horrid com- bination of seditious men."^ The assembly was petitioned to- censure Congress, and take measures to secure a redress of griev- ances from the king directly.* Aside from these groups, doubt- less the majority throughout the colony was waiting to follow any lead which the established government might take. Golden himself turned to the assembly as the least of evils : fearing" that it might approve Congress, he believed that it could not make matters worse than they were, while it might at least thwart the attempt "to convene a Provincial Congress. "° The meeting of the assembly in the winter of 1775 was, therefore, of considerable importance: opposing interests were hoping tO' make use of it; the result would serve to crystalize sentiment and clear the way for future action. The members began to assemble January 10, 1775,* but two weeks passed before any serious business was broached. The principal loyalist leaders were Isaac Wilkins and Colonel Philipse, who were ably seconded by the four city members. They were determined to ignore Congress altogether, and to- take into their own hands the matter of grievances.'^ The con- ' Seabury, An Alarm to the Legislature, January 17, 1775 ; quoted in Tyler,- Americam Revolution, 1: 347. * To The Freemaiif January 19, 1775 ; Broadside, 1. " "I do not apprehend there la any danger that the AfssemWy will make matters worse than they are." Golden to Dartmouth, December 7, 1774 ; 2lew Yorh Ool. Boo., S: 513. "If I find there will not he a majority for prudent measures, I shall Incline to prorogue them ... On the other hand there- Is room to fear, that If the Assembly do not meet, an attempt Will be made to convene a provincial Congress." Golden to Dartmouth, January 4, 1775 ; Hew Yorh Col. Doc, S: 528. s Golden to Dartmouth, February 1, 1775; Hew York Col. Doc, S: 531. Pro- ceedings of the assembly are In i Am. Arch., li 1281 ff. 'Golden to Dartmouth, March 1, 1775; Kew York Col. Doe., 8: 543. [175] 176 BECKER NEW YORK PARTIES, 1760-1776 servatives, on the other hand, of whom the principal leaders were Philip Livingston, Philip Schuyler, and Abram Ten Broeck, were determined to secure a formal expression of opin- ion on the work of the first congress, and, if possible, the elec- tion of delegates to the second congress, which was to meet in May.* To this end three separate resolutions were introduced and pressed to a vote. The first one, January 26, was a motion to consider the work of the first congress." The second, Feb- ruary 21, looked toward a vote of thanks to the merchants for maintaining the non-intercourse agreement.^" The third, Feb- ruary 23, was introduced immediately after the committee on grievances made its report, by JMr. Thomas, who moved that a vote be taken on the neces.sity of appointing delegates to the second congress. All three resolutions were defeated by in- creasing majorities — the last by a vote of 17-9^^ — but they made it impossible for the loyalists to ignore the M'ork of the first congress and the appointment of deputies to the second. The motion of Mr. Thomas was debated at length,^^ and the loyalist position was clearly stated, especially by Brush and "Wilkins, whose speeches have been preserved.^'' Technically, the assem- bly ignored the extra-legal movement altogether ;' practically, it s "Every machination tliat restless spirits can devise, will in the meantime he exerted to secure an approbation of tuo proceedings of Congress which Is the grand point Ihey aim to carry.'' Golden to Dartmouth, January 21, 1775; Leiter-BooT;, 2: 380, That this was the main d tference between the parties is ■evident from the fact that the resolution to petition was moved by Livingston and carried unanimously. 4 Am. Arch-., 1: 1288. s Motion was lost by 11-10. ;, Am. Arch., 1: 1286, 12R7. The small major- ity of the loyalists was due to the fact that a number of tlie deputies had not yet arrived. "These ten are . the whole strength of that party. The nne members which have not yet appeared it is well known will join the eleven." Colden to Dartmouth, February 1, 177.5 ; JVeio york Col. Doc, .■8: 532. The assembly refused even to thanls the delegates. 4 Am. Arch., 1: 1389. ■'» Moved by Livingston; voted down 15-10. J, Am. Arch., 1: 1290. " ma. " ma. "Brush maintained that the action of Congress was not a subject to come be- fore the assembly, that the assembly could not delegate its authority to a body of men unknown to the constitution, that, if the conduct of Congress were considered, it should be condemned because It had assumed power "to cm- act laws," and had erected Itself into the "Supreme Legislature of North America." 1, Am. Arch., 1: 1291, 1292. Wilkins" speech presented more clearly the precise issue ; it was better to desert the neighboring colonies than to de- ■ sert Great Britain, ma., 1293. [176] ELECTION OF DELEGATES TO SECOND CONTINENTAL CONGRESS 177 expressed its disapproval of the first congress, and refused to appoint deputies to the second. Having disposed of these matters, the assembly proceeded to the report of the Committee on Grievances.^* On the ques- tion of grievances the conservatives were practically in accord with the loyalists. They contested some unimportant points in the report, and succeeded iu introducing some slight modifica- tions;^^ but the resolutions as adopted may be taken as repre- senting the views of both factions in so far as the issue was one between the colonies and Great Britain.^^ The report on griev- ances was substantially as follows :^'^ (1) the colonies owe to the king the same allegiance as other Englishmen; (2) the colonies owe obedience to acts of Parliament that are not contrary to the rights of Englishmen; (3) it is a right of Englishmen that no tax be laid save by consent, given personally or through rep- resentatives in assembly; (4) certain acts of Parliament are subversive of the rights of the colonists — e. g., the raising of revenue in America for the administration of government, the extension of the admiralty jurisdiction, etc.; (5) jury trial is essential to the rights of Englishmen. On the basis of these resolutions the assembly formulated a petition to the king,^* a memorial to the Lords,^° and a remonstrance to the Commons.^" From the loyalist point of view, all had now been done that could rightfully be done; the issue rested with king and Parlia- ment. Accordingly, having appointed a standing committee of correspondence composed of both factions, the assembly was adjourned to the 3rd of May.^ '* The committee was appointed January 31. and consisted of : De Lancey, Schuyler, Clinton, Brihkerliofr, Gale, Wllklns, Brush, Blllopp, Rapalje, Klssam, and Nicoll. IMd., 1288. « Ibid., 1301. Of. Golden to Dartmouth, March 1, 1775 ; New York Col. Doc, 8: 543. " Byen MacDougall said that the resolutions represented the sentiments of New Yolrk. i Am. Arch., 2: 283, 284. "Ibid., 1: 1302. "Ibid., 1313. ^'lUd., 1316. ™7Md., 1318. ^ The committee : Cruger, De Lancey, J. Walton, Benjamin Seaman, Wil- klns, Phlllpse, Daniel Klssam, Zebulon Seaman, Jno. Rapalje, Simon Boerum, Samuel Gale, George Clinton. The adjournment was voted April 3. Ihid., 1324. Cf. Bist. MS8. Com., 14: Pt. 10, p. 285. 12 [177] 178 BECKER NEW YORK PARTIES, 1760-1776 The action of the assembly was regarded by the English gov- ernment as a serious blow to the union of the colonies and the policy of Congress.^^ By many of the friends of Congress, it was regarded in the same light. ^^ The conservatives especially, clearly perceived that the withdrawal of the assembly from the extra-legal movement would tend to place the control of Congress in more radical hands. The loyalists and conserva- tives were essentially at one in the matter of grievances; but to the loyalists the extra-legal movement had already become illegal and revolutionary, and rather than be in any way con- nected with it, they preferred not to secure any redress of griev- ances at all.^* The conservatives were, however, either not con- vinced that the extra-legal movement was revolutionary, or else inclined to consider the redress of grievances of more impor- tance than the preservation of allegiance to England. Failing to draw the' assembly into the movement, they therefore turned to the Committee of Sixty.^^ In the assembly they had worked in vain' for the appointment of any delegates whatever; they were now to work, for the most part in vain also, for the ap- pointment of delegates -who would stand for moderate rather than for radical measures in the congress. The radicals had, indeed, taken up the question of the dele- gates as soon as it was known that the .assembly would not ap- point any. February ,27, four days after the defeat of Mr. Thomas' motion, P. V. B. Livingston, at a meeting of the Com- ^ In Dartmouth's circular letter to tlie governors the clause "which has al- ready shown so good a disposition towards a reconciliation with the mother country," was Inserted in the New York letter after the word assembly, i Am. Arch., 2: 27, 28. New York Col. Doc, 8: 545-547. C/. Dartmouth to Colden, March 4, 1775 ; lUd., 547. For the etfect of the assembly's conduct In England generally, see I, Am. Arch., 2: 29, 2152. Hist. MSS. Com, 14: Pt. 10, p. 276. == Assembly's conduct strongly disapproved by South Carolina. 1, Am. Arch., 2: 29. A Virginia letter speaks of the "polluted members of the Assembly." lUd., 153. Cf. Ibid., 123. After the vote against appointing delegates, eighteen anonymous, threatening letters were delivered to the speaker and those who voted against the measure. Deane Papers, 6: 538, 539. " Cf. Speech of Wilklns, ;, Am, Arch., 1: 1293. ""They are now gone home to get that done by the election of the people which they could, not eSfect in the House." Colden to Tryon, April 5 1775; Letter-Book, 2: 398, 399. Of. New York Col. Doc., 8: 566. [1780 ELECTION OF DELEGATES TO SECOND CONTINENTAL CONGRESS 179 mittee of Sixty, moved to consider "the ways and means of causing delegates to be elected to meet the delegates of the other colonies ... in general Congress."^" On March 1, when the question was again taken up, the committee, conclud- ing that it had no power to elect the delegates itself, decided to refer the matter to the freeholders and freemen." A notice was accordingly published summoning the freemen and freeholders to meet at the Exchange on March 6 to "signify their sense of the best method of choosing such delegates, and whether they will appoint a certain number of persons to meet such deputies as the counties may elect for that purpose, to join with them in appointing out of their body delegates for the next Congress.'"'^ Whether consciously worded or not, the fact is that the two pur- poses expressed in this resolution are somewhat inconsistent. It is not clear why the committee should express a desire to re- fer the question of method in the election of delegates to the freemen and freeholders, and then, before there could be any decision of that point, thrust their own defi- nite plan so intrusively in their faces. In truth it would be quite superfluous for the freemen and freeholders to consider the first question (the question of the best method) if they were expected in any case to consider the second question (the ques- tion of a particular method) ; and, under the circumstances, a refusal to adopt the committee's plan would be very nearly equivalent to an expression of hostility to Congress. It is clear, therefore, not only that the radicals were in favor of send- ing delegates to Congress, but also that they wanted those del- "' Extract of the Committee's Proceedings, February 27, 1775 ; BroaAsidea, 1. Samuel Jones alone dissented. " Extract from the Committee's Proceedings, February 27, 1775 ; Ibid. ^nid.; Rivingston's Oa~etteer, March 9, 1775; New York Mercury, March 6, 1775; 4 Am. Arch., 2: 4. A provincial convention had been urged in connection with the election of delegates to the first Conrmental Congress, by the radicals In New York city in their resolutions of July 6, 1774 (New York Mercury^. July 11, 1774), and again in their resolutTSns of July 20, 1774 (IWd., July 2B, 1774.) In connection with the second Continental Congress the earliest sug- gestion appears to have come from Sufflolls County. A county meeting on February 23, 1775, resolved that if the assembly refused to appoint delegates, "the Committee of Corres,!>ondence for . New Torlr be desired . In that case to call a provincial convention for that purpose." 4 Am. Arch., 1: 1257. [179] 180 BECKER NEW YORK PARTIES, 1760-1776 egates to be chosen by a provincial convention composed of deputies from all the counties in the colony. Such a method of choosing delegates would almost necessarily diminish the rel- ative influence of New York city in the congress; it is, conse- quently, necessary to understand why thte radicals in the city were in favor of a provincial convention. The answer to this question is simply that the radicals were now bent on bringing New York more nearly into line with New England and the South. If the old method of election was adopted, this could be done in one of two ways — either by elect- ing a new and radical delegation from the city or by electing sufficiently large and radical delegations from the counties to outvote and, what was more important, to outweigh in influence the old delegation from the city. Neither plan was practicable. The old city delegates were men of the highest standing and of wide influence. "While they had opposed the action of the first Continental Congress, they had not refused to support the As- sociation. "With two exceptions'" they represented at its best that part of the conservative faction which was ultimately pre- pared to join the revolutionists. But they had not as yet gone very far in that direction. Without being sufficiently radical to suit the Committee of Sixty, they were not sufficiently con- servative to be in any sense out of the race. To defeat these men was probably impossible ; to attempt to do so was, in any case, impracticable. On the other hand, it was unwise to depend on the election of large radical delegations from the counties; the action of the counties on the Association had been all but de- cisive on that point. The alternative was a new method of elec- tion which would enable the Sixty at once to support the old city delegates and to neutralize their influence. A provincial convention would enable the Sixty to do this, because the city delegation to a convention might properly be made sufficiently large to leave the old delegates in a minority, whereas it woiild be out of the question to send so large a delegation from the city directly to the congress. In the same way the convention could easily form a delegation for the province as a whole in ' Isaac Low and John Alsop. [180] ELECTION OP DELEGATES TO SECOND CONTINENTAL CONGRESS 181 ■which the old delegates should find a place, but in which they could no longer exercise a determinative influence; and this could most probably be done equally well whether the rural counties took an active part in the convention or not.'" The conservative element, in the committee and out of it, divined the purposes of the Sixty and made an ineffectual at- tempt to defeat them. A meeting was held at Montagnie's on March 3, presided over by John Thurman. The proposals of the Sixty were disapproved of, first, because there was not time enough before ]March 6 to settle so important a question ; second, because the method of taking the vote "by collecting the people together" was inexpedient, since it permitted of no distinction between freeholders and freemen, who had a right to vote, and "such as were collected on purpose to make a show of num- bers;" third, because a provincial convention tended directly to the introduction of a provincial congress. It was accordingly suggested that the whole matter be postponed until the reply of the English government to the assembly's proposals should have been received; if nothing could be effected in this way, then let the poll be opened in the usual places for the election of delegates to a convention by freemen and freeholders only. The conservatives declared they were not necessarily opposed to Con- gress, or even to a convention, but to the haste with which the matter was being pushed through.'^ The protest was scarcely " In reply to the charge that the conrention would deprive the city of the old delegates, one writer says that New York cannot presume to elect delegates for the whole colony, and, on the other hand, it is improper to crowd the Congress with delegates from each county. In another broadside of the same- date, March 14, the author, who signs himself "A Friend of the Congress," says that "the necessity of this mode of choosing the delegates for the colony arises from the counties having taken offense at the conduct of this city In choosing the last delegates without consulting the counties. . . The tale that your late delegates are excluded, is a mere trick ; for there is the highest probability that they will be chosen by the deputies of the counties as they are in the nomination of the committee." Broadsides, 1. Of. 4 Am. Arch., 2: 139. "i Am. Arch., 2; 48, 49. Cf. A Freeman, etc., Neio York Mercury. March 6, 1775; .; Am. Arch., 2: 44. A Burgher, March 0, 1775; iMd. To the Respectable Citizens, March 6, 1775 ; Hid. [181] 182 BBCKEE — NEW YORK PARTIES, 1760-1776 heeded. An answering broadside appeared the next day,^^ and in the evening some radicals met and resolved to support the pro- posals of the committee.^' On Monday, March 6, the day fixed by the committee for the meeting, preparations began early. The vote was to be taken at noon. In mid-forenoon the radicals began to assemble at the liberty-pole, and by eleven o'clock they were on the way to the Exchange, carrying a banner on one side of which was the in- scription, "George III Rex, and the liberties of America," and on the other, "The union of the Colonies, and the measures of Congress." About the same time the opposite party, strength- ened, as was alleged, by royal officials, civil and military, began a similar procession from Montagnie's. When the processions met at the Exchange, a general melee was avoided with difficulty. Order having been restored, the chairman of the Sixty aur nounced the questions upon which the vote was to be taken. The questions, as now announced, were not formulated as they had been by the committee in its handbill of March 1, — indeed, they were not the same questions at all. The first question announced by the chairman was whether deputies should be sent to a provincial convention ; the second, whether the people then pres- ent would authorize the committee to nominate eleven deputies to a provincial convention. On the first question the conserva- tives demanded a poll in order that the matter might be decided by freeholders and freemen according to the recommendation of Congress. This was refused, and the sense of the meeting was taken en masse. According to the radical account, both ques- tions were carried by a very great majority. The conserva- "The author, who calls himself "A Tory," makes the toUowing points: (1) The sense oi: the city can toe taken Monday as well as any other time. (2) A convention Is the plan used by the colonies of New Jersey, Virginia, Maryland, and Northi Carolina. (3) Little probability that the assembly will appoint delegates. "And as to the danger of their being influenced by the measure, I really can see no great harm in a Representative being influenced by his con- stitutents, on the contrary they ought to be." (4) As for waiting advice from Englandv "may as well wait for the conversion of the Pope as the arrival of the Packet." (5) "That whoever says the committee have prescribed rules for the counties, lies under a mistake, they mean only ... to propose it to the counties and consult with them on the occasion." To the Learnea and Loquacious Chairman, March 4, 1775, Broadsides, 1. "i Am. Arch., 3: 48. [182] ELECTION OP DELEGATES TO SECOND CONTINENTAL CONGRESS 183 tives, on the other hand, claimed that it was impossible to say whether the questions were carried or lost: consequently, even granting the propriety of the method of voting, it could not rightly be considered either that the county was in favor of a proviucial convention, or, if it was, that any power of nomiaa- tion had been conferred upon the committee.^* "Whether carried or not, the framing of the questions was such as to make it impossible to settle them on their merits. The wording of the questions shows, indeed, that the Sixty had taken a full step in advance since issuing the first of March handbill. The committee had called the freeholders and freemen together to ask them what they considered the best method of electing delegates to Congress, and whether they were in favor of a pro- vincial convention; now that they, togetJier with others, were assembled, the committee really asked, not the freeholders and freemen, but the inhabitants generally, whether they would send delegates to a provincial convention, and whether they would authorize the committee to nomiaate eleven delegates to that con- vention. On the first of March two inconsistent questions had been presented together in such a way that the real issue had been whether New York County should join in a provincial con- vention or not. On the sixth of March two questions somewhat different, but equally inconsistent with each other, were pre- sented together in such a way that the real issue was whether the coromittee's method of sending delegates to a provincial con- vention should be adopted or not. The first alternative had been a convention or no Congress ; within six days the alternative had become eleven deputies nominated by the committee or no Congress. A little closer consideration of the two questions presented by the Sixty on March 6 vrill make this all but obvious. Ai negative vote on the first question was practically equivalent to opposing the second Continental Congress. Undoubtedly there were many men in favor of Congress but opposed to the convention as a « Extracts from the Committee's Proceedings, March 6, 1775 ; BroaOsideg, 1. Two accounts, one radical, the other conservative, are given in i Am. Arch., 2: 48, 49. The only points in which they disagree are noted in the text. 0/. Rivington's Gazetteer, March 9, 1775. [1830 184 BECKEE NEW YORK PARTIES, 1760-1776 method of electing delegates to the congress, — men who, never- theless, if the convention were legitimately determined upon, were willing to send delegates to it rather than not take part in the congress at all. These men wanted a chance to vote against the convention and in favor of some other method. Yet the man who voted negatively on the first question said not, "I am not in favor of the convention as a method of choosing delegates," but, "I am not willing that New York County should join the other counties in sending delegates to the convention, and consequently to the congress:" such a vote', practically, would not have the effect of replacing the convention as a method by some other method, but merely of keeping New York County out of the movement altogether.'^ More incisively than ever and not alto- gether fairly, there was presented to the conservatives the alter- native of supporting the convention or of seeming to refuse to support Congress; by a shrewd sort of political legerdemain it had come about that supporting or opposing the radical commit- tee was apparently identical with the alternative of standing with the colonies or with the home government. The second question was equally treacherous. The convention once deter- mined upon, many men not in favor of it in the first instance, but willing if delegates were to be sent to it that the committee should nominate them, were not willing that the ticket should consist of eleven members. Such men could not vote against nominating a ticket of eleven delegates without voting against allowing the committee to nominate the ticket at all.'^ "With questions presented in this fashion, those of the old con- servative faction who were facing away from loyalism were likely to prefer to support the radical committee rather than give the appearance of refusing to support Congress: they ^ "It has been artfully propagated that the citizens who assembled at Montagnie's on Friday had resolved to oppose the appointment of delegates," etc. A Burgher, March 6, 1775; i Am. Arch., 2: 44. 38 This point was clearly stated in a letter of March 16, signed A Citizen. He says the great majority of those who voted for the delegates did so because there was no alternative. They trusted that the eleven knew the sentiments of the colony so well that they could not go astray. Had it been possible to vote for the five old delegates alone, they would have been elected almost unan- imously. // Am. Arch., 2: 139. [184] ELECTION OP DELEGATES TO SECOND CONTINENTAL CONGRESS 185 thereby took a long step in the direction of revolution. Those of the old conservative faction who were facing away from revo- lution doubtless preferred to give the appearance of opposing Congress rather than place that body unreservedly in radical hands : they thereby took a long step in the direction of loyalism. The meeting on March 6 was thus another and an important stage in the disintegration of the old conservative party. Those who voted in favor of sending deputies to the convention, and in favor of permitting the committee to nominate a ticket of eleven members, whatever their motives may have been for so voting, found themselves in the company of men who voted in the same way precisely for the purpose of imparting to Con- gress a radical and revolutionary impetus. On the other hand, those who voted, for whatever reason, not to join with the coun- ties in a provincial convention, and against the nomination of delegates by the committee, found themselves in the company of men who voted in the same way because they considered con- ventions and congresses illegal and treasonable. The Sixty proceeded at once to nominate a ticket. Without any serious opposition apparently, the old delegates — 'Isaac Low, Philip Livingston, James Duane, John Alsop, and John Jay — were named, together with six others — Leonard Lispenard^ Abram Walton, Francis Lewis, Isaac Roosevelt, Alexander Mac- Dougall, and Abram Brasher.^' Of the new men, none was con- servative like Duane or Low, none, perhaps, moderately judicious like Jay, none timid like Alsop. Five of them at least — Lispen- ard, MacDougall, Lewis, Brasher, and Roosevelt — were men who would speak and act effectively and unhesitatingly for radical measures. If the Sixty could get this ticket elected, it might well assume that without opposing the old delegates it had suc- ceeded in neutralizing their influence. The conservatives still had a fighting chance, perhaps, if they chose to use it ; they might secede from the Sixty, as the radicals had done from the Fifty-One, and nominate a ticket of their own. But the radicals left the Fifty-One only after there was no more to be gained by remaining in it, and the conservatives " Extracts from the Committee's Proceedings ; Broadsides 1. [185] 186 BECKER NEW YOEK PARTIES, 1760-1776 had still something to gain by retaining a representation on the Sixty — ^the limitation of the suffrage to freeholders and free- men. All that was accomplished, consequently, in respect to a separate organization was an informal and vain effort at the election to vote for the five old delegates without voting for the six new ones. In respect to the limitation of the franchise, how- ever, the conservative leaders were able to attain their end. March 8, in committee meeting, John Jay moved that the elec- tion should be held on March 15 in the wards, under the super- vision of the vestrymen and sub-committees of the Sixty, and that the votes of freeholders and freemen only should be re- ceived. ^^ The radicals felt the more safe in granting this, per- haps, since they would be able, now that a popular meeting had decided the initial question of the expediency of sending delegates at all, to force upon the voters the alternative of voting for the committee's ticket as a whole, or not at all. On March 15 the election was held. Bight hundred and twenty-five free- men and freeholders were in favor of sending deputies, and voted for the committee's ticket; one hundred and sixty-three voted negatively on both points. Many, on the other hand, of- fered to vote for the old delegates only. They were refused. The ticket of eleven members nominated by the Sixty was ac- cordingly declared duly elected.^^ Having thus succeeded in getting the support of the city for its plan, the committee issued a circular to the counties on the following day.*" The question was referred to the counties in much the same way as it had been referred to the city. The counties were asked, first, to consider the advisability of a pro- vincial convention; second, to send delegates to a convention which was to meet (the Sixty took the liberty of fixing the day) at New York, April 20. Practically it was quite as useless foi any individual county to consider the first question as it was ^ Extracts from the Committee's Proceedings ; Tbid. =» Extracts from the Committee's Procpedings ; lUd. I, Am. Arch., 2: 137. 138, 139. The vote by wards is in Isfew York Mercury, March 20, 1775. The total vote was about two-thirds of the voting population which, at that time was over 1500. Cf. Dawson, Westchester County, i, note 2. '» Letter from the Committee, March 16, 1775 ;.. Broadsides, 1. New York Mercury, March 20, 1775. /, Am. Arch., 2: 138. Almon, Rememhrmioer 1: 13 [186] ELECTION OF DELEGATES TO SECOND CONTINENTAL CONGRESS 187 impossible for the conservatives in the city to get an opportunity of doing so; the practical question before each county was whether it would send delegates to the convention, which, it appeared, was to meet in any case, or whether it would take no part in the convention. A refusal on the part of any county to send deputies to the convention would have no other practical €ffect than to leave that coimty without influence or voice in the second Continental Congress. In each county, therefore, the fight, where there was a fight, was virtually between those who were in favor of the second congress and those who were not — ^between those who were going the way of revolution and those who were going the way of loyalism. There was no place in the counties any more than in the city for those who, with- out being loyalists, were not in favor of Congress, or for those who, without being hostile to Congress, were opposed to a pro- vincial convention. The result, for the moment,' was a rather marked increase in radical activity. Eight counties, aside from New York, sent deputies to the convention, though in three of them there was strong opposition; one, at least, definitely re- fused to be represented; three, so far as is known, took no action. In Albany County it was not primarily in response to the letter of the Sixty that delegates were elected. After the Albany committee had resolved, in December, 1774, to support the first Continental Congress, a new and .more carefully organized county committee was established, which began to meet in Jan- uary. It was composed of deputies from the three wards of the city and from the precincts of the county. March 1, 1775, at a meeting of this committee the chairman produced a letter from the Albany members of the assembly, which recommended that measures be taken for the election of delegates to Philadelphia. It was therefore resolved to request the sub-committees of the different districts in the county to assemble at Albany on March 21, "with full power to elect delegates."*^ Meanwhile the letter « "A letter being produced by the chairmaD from Coils'. Schuyler, Ten Broeck, and Livingston, members of the general Assembly, recommending the committee to appoint delegates to the intended Congress to be held at Philadelphia. [187] 188 BECKEK NEW YORK PARTIES, 1760-1776 from New York reached Ailbany and gave a new direction to the activity of the committee. It is not known how this letter reached the various districts, but that it did reach them is evi- dent from the fact that when the general committee met on March 21 all of the deputies had been authorized to elect dele- gates either to the congress at Philadelphia or to the conven- tion at New York." All of the committee except Henry Bogart were found to be in favor of sending delegates to the conven- tion ; and a ticket of five members was unanimously chosen for that purpose.*^ In Kings County representatives of four town- ships met at the county hall April 15 and unanimously ap- pointed five deputies to attend the convention. The township of Platlands remained neutral, neither supporting nor opposing the measure." In Orange County the four precincts of Corn- wall, Goshen, Haverstraw, and Orangetown held separate meet- ings and named deputies.*^ Of any opposition in these pre- cincts, or of any action at all in others, there is no record. In Suffolk a county meeting was held at the county hall, April 6, and five delegates were chosen to represent the county.*" Ulster County chose delegates in the same way. On April 7, thirty-nine It was unanimously resolred tbat letters be wrote to the committees of ttip different districts of this county requesting their meeting at the House of Richard Cartwright the 21st day of this month, at two o'clock with full power to appoint delegates." Minutes of the Albany Committee, 1: 10. 42 "First the chairman put the question whether the members w^rt? fnll^ authorized by their constitutents to elect Delegates or Deputies to meet the Deputies from the other counties It appeared that they were unanimously em- powered to appoint either." Minutes of the Albany Committee, 1: 12. The committee, at this meeting, consisted of fifteen meml^ers from the following dis- tricts : First Ward, 2 ; Second Ward, 1 ; Third Ward, 2 ; two d'stricts of Rensselaerwyck, 2 ; Manor of Livingston, 1 ; Schaghchlck district, 2 ; Claverack,- 1; Scoharie and DuauesbtBrgh, 2; Nestegarie and Half moon. 1; Saratoga, 1. IWd. " "A motion was made by Walter Livingston whether Deputies shall be a,r)pointed to represent the City and County of Albany to meet the 20 day of April ■ . at the City of New York iResolved, unanimously, that Deputies be appointed , Mr. Henry Bogart . . dissented, he being for appointing delegates for the City and County of Albany to meet the intended congress at Philadelphia. Resolved by a majority that five persons be appointed. . Resolved unanimously that Abram Yates, Walter Liv- ingston. Col. Schuyler, Colonel Ten Broeck and Col. Peter Livingston are ap- pointed." JUd., 12. "Ca-l. of Hist. MSS., 1; 41. «.', Am. Arch., 2: 275, .352, 353: Cal. of Hist. MSS. 1: 2, 3. « Cal. of Hist. MSS., 1: 19. [1881 ELECTION OP DELEGATES TO SECOND CONTINENTAL CONGRESS 189 deputies, from ten towns, assembled at New Paltz. Three dele- gates were named.*' This action was approved by another town, Rochester, where a meeting was held on the same day. Opposi- tion appears to have been confined to a letter signed by Cadwal- lader Golden, Jr., and Peter and Walter DuBois, protesting against the election as unlawful.** In Dutchess, Queens, and Westchester there was strong opposi- tion. Although Dutchess sent delegates in response to the New Tork letter, it is doubtful whether a majority of the inhabitants were in favor of doing so; it is certain that a majority of the precincts were not. The question was taken up first in the towns or preciacts separately, although the meeting in Charlotte pre- cinct is the only one of which a record has been preserved.*" Of the eleven precincts in the county seven were opposed to sending delegates to the convention, four were in favor of doing so. The •conservatives claimed that in the county as a whole there was a large majority opposed to the convention; the radicals claimed that there was a majority in favor of it.^" On the strength of this claim a general meeting was held April 14, consisting of deputies from the four radical precincts, which named three delegates to represent the county.'^^ Although it must be said, at the very least, that the wishes of Dutchess County were not ascertained in any satisfactory manner, the delegates were re- ceived' by the convention. In Queens County the matter was taken up by the towns separately also. Three towns, Jamaica,-''' Hempstead,^' and Oyster Bay,°'' voted not to send delegates ; two "George Clinton MSS., 1: 55; Cal. of Hist. MSB., 1: 21, 22. " Cal. of Hist. MSS., 1 : 22, 23. Schoonmacher, Kingston, 16B. "> The meeting was held April 7. Tlie vote stood 140-35 in opposition to delegates. About 100 more apipeared after the poll closed, and offered to vote for "constitutional liberty," but the advocates of the Congress "gave up the contest." New York Mercury, April 17, 1775; i Am. Arch., 2: 304. '^Neto York Mercury, April 17, 1775; 1, Am. Arch., 2: 304. "^ Cal. of Hist. MSS., 1: 41. The four precincts were Rheinbeck, North East, Armenia, and Eumbout. Poughkeepsie was one of the seven; opposed to the convention. It seems not unlikely that Dutchess was far from baving a majority in favor of the convention. ^ By vote of 94-82. New York Mercury, April 3, 1775 ; Rivington's Gazetteer, Air^rilQ 1775; 1, Am. Arch., 2: 251, 838, 839. ''' By resolution in town meeting. Rivington's Gazetteer, April 6, 1775 ; Cat. of Hist. MSS., 1: 38, 39; i Am. Arch., 2; 273. "By resolution in town mpeting; vote, 205-42. Onderdonck, Documents and Letters . . of Queens County, 26. [189)] 190 BBCKEE NEW YORK PARTIES, 1760-1776 towns, Newtown^^ and Flushing,^® appointed one delegate each. In Jamaica" and Oyster Bay^^ the radicals held suhsequent meetings and appointed delegates to attend the convention as minority representatives. These four delegates (two represent- ing two towns as such, two representing minorities in two other towns) attended the convention, but that body decided that Queens County was not entitled to vote on the measures which came before it. In Westchester careful management on the part of the radicals was necessary to get the county represented. The New York letter appears to have been communicated — it is not clear just how^^ — to twelve gentlemen residing in four towns"" in the south- em part of the county. These twelve gentlemen met at "White Plains, March 28, in order to devise means for "taking the sense of the county" on the subject of the convention. For this purpose a circular letter was issued by them and sent to the different districts, calling a general meeting of the freeholders and freemen at White Plains, April 11. As it was well known that the initiators of this movement were radicals, a letter was circulated by the conservatives, dated New York, April 6, urging all who were opposed to conventions and congresses and in favor of the assembly's measures to assemble at the time and place appointed for the radical meeting.^^ On April 11, accordingly, some two hundred and fifty persons met at White Plains, the two parties establishing their headquarters at different taverns »'By a popular meeting o£ freeholders. It Is said that 100 freeholders, a majority of all the freeholders in the town, were present. Jacob Blackwell was elected unanimously. 1, Am. Arch., 2: 356; Onderdonck, Doeuments and Letters of Qaeens County, 23 ; Rielier, Newtown^ 179. " John Talman, elected by "great majority" in town meeting, i Am. Arch., 2: 356; Onderdonck, Documents and Letters, 25. " Joseph Robinson. ;/ Am. Arch., S: 356. ^Zebulon Williams (formerly Seaman) was given "full power and authority to act" in behalf of forty-two freeholders. Oal. of Eist. MSS., Ij 39, 40. "i' According to Dawson, there was no "vestage" of the old committee left to in Westchester, to which the letter might be sent. He thinks the letter was sent to Lewis Morris and communicated by him to the twelve men. Dawson, Westchester County, 65, 66. "Theodosius Bartow, James Willis, Abram Guion, of New Rochelle ; William Sutton, of Mamaronec; Lewis Morris, Thomas Hunt, Abram Leggett). of West- chester: James Hortou, of Rye. '^J, Am. Arch,.. 2: 282; Dawson, Westchester County, 67. [19Q] ELECTION OF DELEGATES TO SECOND CONTINENTAL CONGRESS 191 in the town. About 12 o'clock the radicals assembled at the court-house and were proceeding to the business of the day when the other party, led by Isaac Wilkins and Colonel Philipse, marched in from Hatfield's tavern. Either from principle or from a consciousness of inferior numbers, they made no attempt to decide the question by ballot. Isaac "Wilkins, speaking for the party, stated that they wished to have nothing to do with congresses or deputies, that their sole purpose was to protest against "such illegal and unconstitutional proceedings." Giv- ing three cheers, the party returned to Captain Hatfield's, "sing- ing as they went the grand and animating song of God save great George, our King." Here, certainly, conservatism was hardly to be distinguished from loyalism. Without further op- position the radicals at the court-house proceeded to appoint eight delegates to the convention. As usual, each party claimed a majority."^ The one county which definitely refused to send delegates was Richmond -j"^ those which apparently took no action were Charlotte, Cumberland, Tryon, and Gloucester. The Provincial Convention assembled at New York on April 20.°* Credentials of election were presented by delegates from New Tork,Albany,Ulster, Orange, W,festchester, Kings, SufBolk, Queens, and Dutchess. The delegates from Queens were debarred from voting,"^ but, even with this exception, a majority of the coun- ties in the province were represented. On the following day the •- The principal source of the meetings of March 28 and April 11 is the pub- lished statement made by Lewis Morris, who was chairman of the meeting of April 11. i Am. Arch., 2: 314; Oal. of Bist. MSS., 1: 20, 21; New York Mercury, April 17, 1775 ; Rimngton's Qasetteer, April 20, 1775 ; Bolton, Wett- Chester County, 3: 349; Dawson, Westchester Oountij, 67. The statement of Morris should be cheeked by the conservative account of the meeting of April 11, in New Yorli Mercury, April 17, 1775 ; i Am. Arch., 2: 321. Cf. secona statement of Morris, May 7, iUd,., 323. '^ Meeting of April 11 opposed convention almost unanimously, i Am. Arch., 2: 313. " Minutes preserved complete, tbid., 351, 358.' 85 "That the gentlemen from Queens County, viz., John Talman, Joseph Rob- inson, Zebulon Williams, and Col. Jacob Blackwell, be allowed to be present at its deliberations and will take into consideration any advice they may offer, but cannot allow them a vote ; with which those gentlemen declare themselves satisfied." IWd., 356 ; Onderdoncls;. Documents and Letters ... of Queent County, 22. [in] 192 BECKEK NEW YORK PARTIES, 1760-1776 old delegates,"" with the exception of Isaac Low and John Har- ing,"^ together with five others — Peter Schuyler, George Clinton, Lewis Morris, R. R. Livingston, and Francis Lewis — were elected to represent New York province in the second Continental Con- gress. Of this delegation, the city's members were no longer a majority. One of the most conservative of the old city dele- gates, Isaac Low, had been replaced by an avowed radical, Fran- cis Lewis. "While the result was doubtless not wholly satisfac- tory to men like Alexander MacDougall and John Lamb, it rep- resented a decided " victory for radicalism. The conservative program was rapidly breaking down ; and of the old members of the conservative faction, one part was becoming indistinguish- able from the revolutionists, while the other was in part already identified with the loyalists. °° Isaac Low, Jam^s Duane, Philip Livingston, John Jay, and John Alsop, of New York city ; Henry Wisner and John Haring of Orange ; William Floyd, of Suffolk ; Simon Boerum, of Kings. "' Haring gave satisfactory reasons for declining an election. Low was chair- man of the Committee of Sixty, but he was not in sympathy with the radical policy of the committee. He was nominated, nevertheless, as one of the eleven deputies to the provincial convention. Before the election came off he an- nounced that he would not attend the conveaition if elected. He was elected but did not attend. As the convention was limited to its own members in the choice of delegates to Congress, the secretary visited Low and asked him If he considered himself u member of the convention. He replied that he did not. i Am. Arch., 2: 355. 357. [192] THE FIRST PROVINCIAL CONGRESS 193 CHAPTER IX THE FIRST PROVINCIAL CONGRESS: THE REVOLU- TIONARY GOVERNMENT ESTABLISHED The Provincial Convention was dissolved on Saturday, April 22, and the next day, at four o 'clock in the afternoon, news of the battle of Lexington reached New York.'^ At that time there was no naval force in the harbor, except the sloop Kings Fisher, and only one hundred men of the Royal Irish Regiment ia the barracks of the city.^ Governor Tryon was -in England, and the administration had once more fallen to the experienced, but old and timid Golden.^ Furthermore, it can readily be imagined that the story of Lexington had lost nothing in the many repe- titions on the road from Boston.* It is not altogether surprising, therefore, that for nearly a week the city was ruled by the mob. Under the lead of hot-headed zealots like Lamb and Sears and Willett, the arsenal was forced open, and about six hundred muskets ' ' distributed among the most active citizens, who formed themselves into volimtary corps and assumed the government of the city. ' ' The Customs House was closed. The public stores were seized. Business was at a standstill. Armed citizens paraded up and down the streets. Neither the governor nor the cor- poration made any effort to restore order, while the British reg- ulars " confined themselves to their barracks."^ *Duane, Diary of Marshall, 18. Willett's Narrative, 54. 'New York Col. Doc, 8: 571. ' Colden was fortunate or unfortunate enough to be in charge at the critical times : Stamp-Act, Tea Episode, and Battle of Lexington. He was never recom- pensed for his losses in 1765, and in 1771 Dunmore seized half his salary for a period of ten months. Ihitl., 257. * "Published with horrid and aggravating circumstances." Colden to Dart- month, May S. 1775 ; Hid., 571. "WUlett's Narrative, 54, 55. New York Col. Doc, 8: 571, 572. Capt. Montagu to Admiral Graves, April 26, 1775 ; Cal. Home Office Pap., 1773-1775, No. 1020. i Am. Arch., 2: 448, 459, 460. 13 [193] 194 BECKER NEW YORK PARTIES, 1760-1776 The Committee of Sixty was no more prepared to deal effect- ively with this situation than the legal government. It had been chosen to enforce the Association, and that much of gov- ernmental authority it had exercised. But the time had now come for the extra-legal organization of the radicals to assume much more extensive governmental powers than there had ever been any occasion for before. "What the Committee of Sixty could not do was done by the Committee of One Hundred and the Provincial Congress. Within a month after the Battle of Lexington, the radical party organization had been transformed into a virtual government which usurped. the functions of the assembly and claimed to exact obedience by the authority of a popular mandate. How this transformation was effected, and by what means obedience was enforced, it will be worth while to trace in some detail. Three days after the arrival of the news of Lexington, the Committee of Sixty published a circular letter stating that a new committee was necessary, and suggesting that it be composed of one hundred members of which thirty-three should constitute a quorum. It was proposed that the suffrage be limited to free- men and freeholders, that the vote be taken by ballot, in the wards, under the usual supervision. At the same time, so the circular ran, "it is highly advisable that a Provincial Congress be immediately summoned; and that it be recommended to the Freeholders and Freemen ... to choose, at the same time that they vote for the new committee aforesaid, twenty deputies to represent them in the said Congress; and that a letter be . . . dispatched to all the counties requesting them to . . . appoint their deputies without delay, to meet at New York, on Monday, the twenty-second of May next." The election was fixed for Friday, April 28.* No list of candidates, either for the committee or for Congress, was attached to this circular. On the following day, however, a second broadside appeared, containing a list of names for the 'Broadsides, 1. Cal. of Hist. MS8., 1: 3. New York Mercury, May 1 1775. i Am. Arch., 2i 400. ' [194] THE FIRST PROVINCIAL CONGRESS 195 committee and for Congress.' This second broadside, which it presently transpired was put forth by the Sixty, was unsigned, ia order, doubtless, to avoid the charge of having sought to in- fluence the electors. The committee's tickets, at once aroused opposition in extreme radical circles. No record of these objec- tions has been preserved, but from an answering broadside pub- lished by the Sixty in justification of its tickets, it appears that the lists were opposed because they were too long and because they contained the names of men whose loyalty to America was doubtful. In a broadside published Tuesday, April 28, the Com- mittee acknowledged the tickets, and sought to justify them: a large committe was desirable because all factions in the city ought to be represented in it; men whose loyalty was question- able had been included for the very purpose of conciliating them, and bringing them over to a hearty support of the patriot cause. In any case, the appointment of "some committee" was the essential point. Monday, instead of Friday, was now set for the election, and the last word of the Sixty was to urge that "a committee of 100" be appointed.* In this apology of the Committee one can readily perceive the influence of men like Jay, Duane, Low and Van Sehaack; and the growing influence of such men in radical councils is of vital importance for understanding the future conduct of the radical party. "While the radical party had won at every step since the' first congress, it had won because a considerable group of the old conservative faction was always prepared in the end to come over to the radical position rather than withdraw alto- gether from the extra-legal movement. Conservatives had en- tered the Fifty-One in order to direct the popular movement along moderate lines. Conservative delegates had been elected to the first congress for the same reason; while opposing the radical program of Congress, they had nevertheless signed the Association, had become members of the Sixty and delegates to the second congress, \\ath the same jurisdiction always at hand.- ' Unsigned Broadside, April 27, 1775 ; Broadisides, 1. ' Broadside , signed Isaac Low, A,prll 28, 1775; Broadsides, 1; J, Am. Arch., 2: 427. [195] 196 BECKER — NEW YORK PARTIES, 1760-1776 The radical policy was thus successful, but the radical party was steadily improving, as it were, in quality; it was now, at any rate, largely directed by men of conservative temper for whom the old conservative policy had ceased to be practicable. These far-seeing men realized fully that the crucial moment had arrived; if the radical party organization was to assume successfully the functions of a government it must proceed with extreme caution. If the new committee and the new congress were really the instruments of a party, the fact must, be con- cealed; ostensibly at least, they must represent the whole people. To secure an effective sanction for the new organization was, therefore, of fundamental importance. For this purpose a new association was prepared by Jay, Duane, and Van Schaack, and published on Saturday, April 29." This important document was as follows : ' ' Persuaded that the salvation of the rights and liberties of America depend, under God, on the firm union of its inhabitants . . . and convinced of the necessity of pre- venting the anarchy and confusion which attend a dissolution of the powers of government: We, the Freemen, Freeholders, and Inhabitants of the city and county of New York . 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 Convention, [Con- gress] for the purpose of preserving our Constitution and op- posing 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 re- specting the purposes aforesaid, the preservation of peace and good order, and the safety of individuals and private property." In the enthusiasm of the hour the Association was signed by "A General Asssociation, etc.': Broadsides, 1. i Am. Arch., 2: 471. Almon, Remembrancer, 1; 61. Jonra, History of New York, 2: 505. (De Lancey'B edition ) [196] THE FIRST PROVINCIAL CONGRESS 197 more than a thousand persons,^" but within the month the sign- ing, we are told, had "abated" somewhat, not more than a third of those who might have signed having done so in fact.^'- For the present, however, the document .served the purpose for which it was intended : it furnished an ostensible, if not a real, popular sanction for the authority which the new organization was preparing to exercise. ^^ The frank explanation of the Sixty, and the promulgation of the Association, appear to have neutralized all further opposi- tion to the committee's proposals, and on Monday, May 1, the tickets which it had nominated were elected." The new commit- tee, certainly, so far as membership is concerned, did represent the city. Fifty-five of the old Sixty were members of the One Hundred.^* Of these fifty-five, seven at least became loyalists,^^ fifteen at least were prominent radicals,^' the rest were men who were likely to follow the lead of Jay, Duane, and Philip Liv- ingston. The five members of the Sixty that were retired were men of no special influence : three became loyalists,^'' one having already been disciplined for a violation of the Continental As- sociation.^* Of the forty-five new members, seven had been mem- bers of the Fifty-One; of these seven, two became loya,lists,^® one was a radical,^" and the other four cannot be very definitely "^ Am. Arch., 2: 471. Duane, Diary of Marshall, 24. New York Mercury, May 1, 1775. Almon. Reme^nl>ranccr, 1: 01. Jones, History of Netv York. 1: 44. " Colden to Dartmoutli, .June 7, 1775; Letter-Book, 2; 400. ^ i Am. Arch., 2 : 448. Adams, Familiar Letters, 50, 54. ^' i Am. Arch., 2; 459. Neic York Mercury, May 15, 1775. New York Col. Doc, 8: 600. Willett's Narrative, 57. " The Ave of the Sixty who were excluded were : Charles) NlcoU, Edward Laight, Charles Shaw, John Roome, William Ustic. For the list of Sixty see above chapter VII. " Low, Alsop, Wm. Walton, Van Schaaok, Rltzema, Murray, J. De Lancey. " P. V. B. Livingston, Isaac Sears, Alexander MacDougall, Thomas Randall, Leonard Lispenard, P. T. Curtenis, Abram Brasher, A. P. Lott, Francis Lewis, Theo. Anthony, I. Roosevelt, Jer. Piatt, Robert Benson, Comfort Sands, Nich. Roosevelt. " Edward Laight, Jno. Roome, Wm. TJstic. i» Wm. Ustic, who, with his brother, was disciplined in April for exporting nails to Boston. Rivingston's Gazetteer, April 20, 1775. "Tates, Young. ^ Jacobus Van Zandt. [197] 198 BECKER NEW YORK PARTIES, 1760-1776 plaeed.^^ Thirty-eight members of the One Hundred had never been members of either the Fifty-One or the Sixty. Of these at least nine became loyalists f- three were among the most con- spicuous radicals in the city, John M. Scott, John Lamb, and Daniel Dunscomb, the chairman of the Mechanics committee;^ the rest reflected all degrees of loyalty, and were included doubtless precisely for that reason.^* But a consideration of membership alone will not suffice to determine what the committee represented in its actual conduct of affairs; it is equally important to Imow who were the active members, if the term may be used. The quorum was fixed at thirty-three, and, small as that seems, it was ultimately found necessary to reduce it to twenty-seven.-^ For the present a quorum was obtained without difficulty, but absences ranged from a fourth to nearly two-thirds of the whole membership. From May 1, to June 8, the total number of absences from seven- teen meetings was approximately six hundred and fifty, or an average of over one-third.^" Two members never attended ;^^ twelve were present at less than half of the meetings ;^^ thirty- five were absent from five to ten times;-" fifty were absent not 21 Thomas JIai-ston, Richard Sharp, Gerardus DuychinU, Peter Goelet. 22 James Desbrosses, Augustus Van Horn, Benjamin Kissam, George Folllott, Abram Brinkerhoff, William Seaton, William Lalght, Anthony Van Dam, Thomas Buchanan. == Three other members of the Mechanics Committee were taken over from the Sixty : Brasher, Theo. Anthony, Jer. Piatt. "Jas. Beekman, Sam Ver Planck, David Clarkson, Thomas Smith, Garret Keteltas, Eleazer Miller, Cornelius Clopper, Jno. Reade, Jas. Van Cortlandt, Jno. Marston, Jno. Morton, Jacobus Lettertse, Benjamin Helme, Walter Frank- lin, David Beekman, Evert Bancker, Robert Ray, Nicholas Bogart, Sam Broome, David Phoenix, Jno. Fiulay, Oliver Templeton. Lewis Plntard, Cornelius P. Low, Petrus Byvank, G. W. Ludlow. 2= Not until January, 1776. 4 Am-. Arch., 4; 693. In September, twenty new members were elected. Ihid., 3: 736. 28 These statistics have been gathered from the lists given in IMd., 2: 468- 1645, passim. 2^ George Folllott and Sam. Jones. Their places were filled by William Bed- low and John Woodward. IWa., 898, 933. 2s Johnson, Bmbree, Ritzema. Murray, Ver Planck, Clarkson, Goelet, J. Mar- ston, Morton, Franklin, Seaton, S. Broome. 2»I. Low, P. V. B. Livingston, Sears, W. Walton, J. Broome. G. H. Ludlow, Abr. Walton, Van Shaack, Bassett, Bicker, White, I. Roosevelt, Van Vorhees, Piatt, Benson, De Lancey, Burling, Yates, Smith, Desbrosses, Van Horn, Keteltas, Miller, Kissam, Scott, Van Cortlandt, Van Zandt, T. Marston, Lef- fertse, Sharpe, Young, D. Beekman, Lalght, Phoenix, Plntard. [198)] THE FIRST PROVINCIAL CONGRESS 199 more than five times ;^" two were never absent. ^^ From this analysis it is clear that the committee of One Hundred, even during the first month, was largely dominated by those who had directed the Sixty, assisted by newly elected radicals ; whatever it represented ostensibly, it was in fact the organ of that con- servative — radical combination which was destined to inaugurate the revolution and achieve independence. Meanwhile, the assembly, according to prorogation, was to meet May 3.^^ The conciliatory resolution of Lord North had arrived, — unfortunately, one day after the news from Lexington, when the city was already in the hands of the mob.^^ The council, which advised the governor to prorogue the assembly for the present, prepared a statement of events since the beginning of hostilities: the "melancholy event in Masachusetts Bay," it was asserted, "has kindled a flame that renders it impossible for the Representatives of the people to give . . . attention to his Lordship's Letter . . . until the present ferment sub- sides;" nor would there be "the most distant hope of accom- plishing his Majesty's intention, if there is any farther irritation by the movements of the army, and fresh effusion of blood."'* Both the council and the lieutenant-governor were of the opinion that the government was "entirely prostrated ; "''^ and a pro- clamation was issued proroguing the assembly till the seventh of June.^^ The action of the governor and council in some ™ MaeDougall, Randall, Lispenard, Hallett, Hoffman, Remsen, Curtenius, Brasher, Lott, Duryee, Bull, Totten, Ivers, Mulligan, J. Anthony, T. Anthony, Goforth, Denninig, Sands, Gilbert, Berrian, G. W. Ludlow, N. Rooseyelt, Fleem- Ing, F. Jay, W. W. Ludlow, J. B. Moore, Lasher, Janeway, J. Beekman, Clopper, Duychink, Brlnkerhoflf, Helme, Banker, Bay, Bogart, Lamb, Van Dam, Dunscomb, Finlay, Templeton, C. P. Low, Buchanan, Byvank, Duane, J. Jay, Alsop, P. Livingston, F. Lewis. The last five were in attendance until they left for the Continental Congress, which met May 10. The actual number of absences against these men were, in order : 13, 15, 14, 14, 10. Most of the deputies to the Provincial Congress were also members of the Committee. But as the Congress met in the day time and the Committee met in the evening, it was possible to attend both, as MaeDougall did in fact. 1 MaeDougall and Goforth. '^2}ew York Col. Doc, 8: 564. "4 Am. Arcli., 2: 459, 460. Hutchinson's Dia/ry, 1: 407. "4 Am. Arch., 3: 459, 460. ■"Colden to Dartmouth, May 3, 1775; T^ew York Col. Doc, 8: 571. Of. Oal. Home Otflce Pap., 1773-1775, No. 1020. Hutchinson's Diary, 1: 467. "4 Am. Arch., 2: 461. New York Col. Doc, 8: 571. [199] 200 BECKER — NEW YORK PARTIES, 1760-1776 measure justified the Association ; in any ease, it left a clear field for the new committee. The committee of One Hundred at once assumed the powers of a government; restored order in the city, and directed the province until the opening of the Provincial Congress." At the first meeting. May 1, Isaac Low was chosen chairman, and rules of procedure were adopted. ^^ It was resolved to offer the Asso- ciation of April 29 to every inhabitant in the county, Golden only excepted, the names of those refusing to sign to be returned to the committee.^^ What attitude to assume towards such per- sons was of the very essence of the problem which the new organization had to solve. May 12, MacDougall moved that the committee of correspondence be instructed to report a resolution on that point, and meantime to direct that no person be treated as an enemy except on the direct authority of the Continental Congress or the One Hundred.*" The further con- sideration of this delicate question, save for a resolution urging the people to "make their subscriptions as speedily as possible,"" appears to have been left to the Provincial Congress. The con- tinential Association was, on the other hand, rigidly enforced,*^ and in this work the committee was assisted by several voluntary companies of citizens.*'* Besides securing its own position, the committee began at once to prepare for war. The port was opened, but no ships were permitted to clear for Boston or Hali- fax.** The mails were opened, and private messengers were used " "Your honor cannot but see the sudden transition . from a state of tumult . to tranquility and good order, as the consequence of our appointment." Committee to Golden, May 11, 1775 ; New York Col. Doc, 8: 585. "4 Am. Arch., 2: 468. In absence of the chairman, all letters were to be opened by the first five on the roll who were in town. After the Continental delegates left for Philadelphia, these would ordinarily be : P. V. B. Livingston, Sears, .Johnson, MacDougall, Randall. " Ibid. "IMd., 522. "lUd., 605. "lUd., 509, 727. "ma., 468, 604, €"05. «Wew York Col. Boo., 8: 571. Almon. Bemembranosr, 1: 61. Biat. JfSA Com., 14: Pt. 10, p. 298. i Am. Arch., 2: 530. [200] Tl-IE FIRST PROVINCIAL CONGRESS 201 for the committee's correspondence.^" A night watch was es- tablished,** arms and ammunition were secured,*' the sale of necessary commodities was forbidden,*^ and the people were rec- ommended to perfect themselves in military tactics.*" The com- mittee justified its conduct to the lieutenant-governor in a public letter in which it expressed its desire to strengthen the ' ' govern- ment in the due exercise of constitutional authority.'"^" "With the close of May the responsibility for the direction of affairs passed largely from the One Hundred to the Provincial Congress. A provincial congress had long been desired by the radicals and feared by the loyalists and more extreme conserva- tives.^^ Not until the beginning of hostilities, however, was the way open for the establishment of such a body. April 28, the Sixty sent circular letters to the counties requesting them to choose deputies.'*- Deputies were appointed in every county in the province ; but it is certain that in five at least only a very small minority was at all concerned in the business; in some others it seems that the deputies were fairly representative; in others, it is impossible to say whether the representation was virtual or merely nominal. Even in the most conservative coun- ties there was very little active opposition to the elections of deputies, or none at aU. In many ca^es the election of deputies was accompanied by a more complete systematization of the ''New York Col. Doc, 8: 572. i Am. Arch., 3: 482. Cal. Home Office Pap., mS-mS, Nos. 985, 103T. *»4 Am. Arch., 2: 636. "Ibid., 469, 529, 530, 531. *'IUa., 728. "lUa., 470. "Ibid., 533, 534. New York Col. Doc, 8: 588, 585. Almon, Remembrancer, 1: 101, 102. " Golden had called the assembly early in the year in order to ward o£E the Provincial Congress. New York Col. Doc, 8: 528. The Provincial Convention had been opposed because it would lead to a congress. 4 Am. Arch., 2: 44. A letter from South Carolina, March 1, strongly urged the calling of a congress. "This measure has given the greatest satisfaction here, and so firmly united Town and Country, that we are thereby become one compact regularly organ- ized body. The enemies of Amerlcau freedom are aware of the cementing tend- ency of such a step, and wherever they have influence, attempt to prevent it." rbid., 3. The radicals had recommended a provincial convention for the elec- tion of delegates to the first Continental Congress. See above chapter V. "Cal. Hist. MS8., 1: 4. /, Am. Arch., 2: 428. [201] 202 BECKER NEW YOEK PARTIES, 1760-1776 committee system, the committees gradually assuming adminis- trative functions under the direction of the Provincial Congress. The most conservative counties in the province were Queens, Tryon, Richmond, Dutchess, and Westchester. In the first two there was some active opposition by the loyalists; in the last three the elections were generally ignored altogether hy the loyalists and conservatives. In such counties the simplest method of accomplishing the object which the radicals had in view was the simple mass meeting. However few the radicals might be, and whether widely scattered or confined to one or two towns, they could all attend such a meeting without special authoriza- tion. Twenty or thirty men thus assembled could be represented as "a respectable number of the freeholders of the county," and as such could assume to speak for the whole county. A delegated county meeting, or a meeting of town committees, pre- sented greater difficulties. Not unnaturally, therefore, the former method generally prevailed in these five counties. The New York letter and the Association were ignored in ■Queens county for nearly a month; and about the middle of May a second letter was dispatched to Jamaica, Hempstead, and Oyster Bay.'^ The only reply from Oyster Bay was the public declaration of three justices of the peace: "we pay no regard to . any . . . matter contrary to the sacred oath we have taken. "^^ Three days later. May 22, a number of free- holders assembled at Jamaica, and unanimously elected ten dep- uties for the county.^= One of the deputies, Thomas Hicks, who had been appointed for the town of Hempstead, being assured by leading citizens that the town did not wish to be represented, refused to attend the Congress.^" Four other deputies remained away most of the time, one of them giving as his reason the be- lief that a majority of the county was opposed to the measure."' In Tryon County, it is said, the people were terrified by the John- sons, who had already dispersed one meeting in the Mohawk "4 Am. Arch., 2: 532. " Onderdonck, Documents and Letters . . . of Queens County, 28. "Cal. Hist. MS8., 1: 90. 1, Am. Arch., lis 838. "4 Am. Arch., 2: 1114. '''Jour, of Prov. Cong., 2: 75. [202] THE FIRST PROVINCIAL CONGRESS 203 '^iistriet.'^ The county committee, however, resolved to support Congress, and appointed tvro deputies on June 11, >nearly three weeks after the opening of Congress.^'' In "West- chester County the' circular letter was probably sent to Lewis Morris,*" and a general meeting was called at White Plains- for May 8. On that day some freeholders assembled and named a ■committee of ninety persons, twenty being sufficient for a quo- rum. Twenty-three of the committee being there present, at once named a ticket of deputies which was "unanimously" elected by the meeting — the meeting doubtless being with dif- ficulty distinguishable from the committee.®^ For Dutchess"^ and Richmond*^ counties our information is limited to the official credentials of the deputies, elected in each case at a "county meeting. ' ' In one county, Orange, the deputies were appointed in the separate towns, two deputies being appointed by Orange To\vn, two by Haverstraw, three by Cornwall, four by Goshen.** In the remaining counties, deputies were appointed either by county meetings of delegates elected especially for that purpose, or by the town committees assembling at one place and acting as a county convention or a general county committee. Few details have been preserved, save in the case of Albany where the procedure may be profitably contrasted with that at New York. The Albany committee did not wait for the appeal from New York before acting on the news from Lexington. April 29 ad- vertisements were sent to all the districts in the county stating that "whereas the committee of correspondence do not conceive =»4 Am. Arch., 2: 637. ^ Cal. Hist. MSS., 1: 101. Ii Am. Arch., Z: 959. Only one of the deputies ■attended ordinarily, and in September the number ■was reduced to one. Ibid., 3: 702. ™ Cf. Dawson, Westchester County, 82. "■i Am. Arch., 3: 529, 832. Cal. Hist. MSS., 1: 64. Dawson says that not more than twenty-four freeholders were present. Westchester County, 82. "Cal. Hist. MSS., 1: 67. i Am. Arch., S: 834. Rombout precinct alone had no committee, but chose one in July. IMd., 1753. «3 Election at Richmond town, May 1. Cal. Hist. MSS., 1: 42. /, Am. Arch., a: 831, 509. «« Cal. Hist. MSS., 1: 42, 43. i Am. Arch., 2: 831, 832, 834 [2031] 204 BECKER — NEW YORK PARTIES, 1760-1776 themselves fully invested with power to do every matter which in this critical hour may become necessary," it would be well for each district to appoint their old committeemen or others in their places "to be a committee of safety, protection, and correspondence vdth full power to transact all such matters as . . . may tend to the welfare of the American cause." The meeting of the new committee was fixed for May 10, and those districts that had hitherto elected no members were assured that no further opportunity would be g\ven them to do so.*^ How the district committees were elected is not known, save for the city of Albany itself. May 1, the people were assembled at the Market House, and requested to answer whether they were in favor of appointing such a committee as was suggested in the above advertisement, and "if yea, who are the persons you choose to appoint?" Obviously the committee had a ticket al- ready prepared, which was elected."" Besides Albany city, seventeen districts elected committeemen. "When the whole committee met, May 10, the New York letter had meantime arrived, and it was resolved to choose deputies by ballot from the committee. Eleven deputies were accordingly chosen, six being from the city of Albany, and one each from the manor of Livingston, Saratoga, Claverack, Manoi* of Kensselaerwyck, and Schenectady."^ After the departure of the deputies, the com- mittee was judged to be too small, and on May 25, two addi- tional members were chosen from each ward in Albany city."* In Cumberland County a "full meeting of delegates from "several towns" approved the New York association and appoint- ed deputies to Congress."" In Kings County the town of Brooklyn "'^ :Minutcs of the Albany Committee, 1: 18, 10. •»IUd., 20, 21. We'se, Htat. of Anany, 355. "Minutes of tlie Albany Committee, 1: 26, 32, 34. Cal. Hist. MSS., 1: 64. The entire county committee so far as present on this occasion, consisted of 130 members, as follows: Albany 19, GTeat Impogt 2, Hosick 3, Besslngton 8, Cambridge 8, Manor of Livingston 5, Schogtehoche 8. Kings District 3, Ger- man Camp 2, Cambridge District 3, Cochsahle and Katskill 5, Schoharie and Duanesborough 6, Claverick 5, Kinderhook 4, Manor of Rensse!aerwyck 22, Saratoiga 10, Schenectady 10, Half Moon 7, »» Minutes of the Albany Committee, 1: 45. '"Co/. Hist. MSS., 1: 97. J, Am. Arch., 2: 918, 934; 3: 708. [204,] THE FIRST PROVINCIAL CONGRESS 205 named two deputies on May 20,^° and three days later a meeting of township delegates confirmed the Brooklyn deputies and added six others/^ In Suffolk the town committees met May 5, at the county hall and named deputies/^ Brookhaven was the one town in the county that had no committee, but on May 16 and 17, Selah Strong was chosen to represent that town," and June 8 a town committee was appointed/* In Ulster County a mass meeting. May 8, resolved to ' ' bury in oblivion all past differences," and the Association was soon signed by nearly all the male inhabitants.'^ May 11, committees from eleven precincts met at New Paltz and unanimously appointed sevelL deputies.'" In Charlotte County, committees from eight towns appointed two deputies on May 12, and a meeting at Fort Edward on June 29, confirmed the election and named three more.'''' Even Gloucester County, after receiving a letter from Congress, "formed a county committee, as also one in each town and precinct," and appointed one deputy.'* The most striking feature of this election was the absence of loyalist opposition. In view of the effect of the first Conti- nental Congress, the choice of deputies from every county must have surprised the radical leaders as, on first sight, it does the historian. Judging from surface indications, one might sup- pose that the Battle of Lexington had thoroughly united all classes in the province.'^ That the beginning of hostilities pro- foundly affected the loyalists, there is no question. For the moment they were stunned, and in their confusion were unde- '•" Cal. Hist. MSS., 1: 89. -} Am. Arch., 3: 837. Ostrander, BrooUyn, 1: 208. " Ca!. Hist. MSS., 1: 89. 4 Am. Arch., 2: 838. ™ Cal. Hist. MSS., 1: 43. J, Am. Arch., 3: 831. '"Cal. Hist. MSS., 1: 44, 4.5, 46. i Am. Arch., 3: 832, 835. The election in tliis precinct was tiy militia companies, May 16 and 17. '• Comm'tte? of 16. cbosen by a "iarge majority" of the freeholders. Tire resolutions were published June 27. The committee apologized for "coming so late into Congressional measures." which was due to the fact that "opposition ran so high in some parts of this Town." i Am. Arch., 3: 933, 934. ■^lUa., 543. '"Cal. Hist. MSS., 1: 23. 4 Am. Arch., 3: 832. For some difficulties in get- ting the association enforced, see IHd., 448, 548, 1659. ■"Cal. Hist. MSS., 1: 65, 66. i Am. Arch., 3: 833. '8 4 Am. Arch., 3: 1668. " The radicals so represented it. Cf. Adams, Familiar Letters, 50, 54. 4 Am. Arch., 3: 547. Hist. MSS. Com., 14: Pt. 10, p. 298. [2O50 206 BECKBiK NEW YORK PARTIES, 1760-1776 cided what course to pursue. The overthrow of legal govern- ment left them without support ; unorganized, uncertain of their own strength, overawed by radical enthusiasm and violence, they were in no position to assert themselves. Many of them were- thus led to sign the Association, which they hated, to parade in companies which only waited to welcome British troops, and to^ acquiesce at least in the organization of the new committees and the choice of deputies to the Provincial Congress.^" But aside from all this, the apathy of the loyalists was in part due to clever political maneuvering by the moderate radi- cals who carried the movement through. In nominating can- didates for Congress, it was their policy, just as it had been in. naming the committee of One Hundred, to select men from all factions in order to conciliate those who were undecided. Of the twenty-one deputies from New York city, seven became loyalists,^^ one of them, refusing to attend, being soon replaced by an avowed radical;*^ and some of the remaining fourteen were indifferents.*' The same was true of other delegations, notably those of Queens, Richmond, and Westchester. Of the- entire one hundred and thirteen deputies, no less than nineteen » "The tories put to flight here . . . such a spirit was never seen in New- York." Adams, Fawdliar Letters, 54. "The tories there durst not show their heads." Ihid., 50. "Whenever a sufficient protection appears, it will he found that his Majesty has many true' and loyal subjects who are at present con?- pelled to acquiesce in the plans of opposition. I have reason to believe that numbers now appear in Arms in the City, who have not the least intention to- oppose government hut will join to siiiPport legal authority when there is oppor- tunity. I know of one company in particular who have associated to support government, but for the present appear and parade as others do." Golden to Dartmouth, June 7, 1T75 ; New York Col. Doc, 8: 582. "The firm friends of government here . are now depressed by those who have taken the- power into their hands possibly for deeper designs." Tryon to Dartmouth, July 4, : 775 ; iUd., 689. "The city is almost cleared of Tories, and the few which remain are ashamed and afraid." New York Letter, May 10-, 1775 ; 4 Am. Arch., 2: 547. The treatment accorded to Rivington and Cooper -was calculated to inspire fear. New York Col. Doc, 8: 297, 581. Col. Home Of- nce Pap., 1773-1775, No. 1020. Hist. MBS. Com., 14: Pt. 10, p. 330, 334. s' I. Low, Hallett, Abr. Walton, Kissam, J. De Lancey, Yates, Polliott. « Folliott was replaced by Isaac Sears by an election held June 8 i Am Arch., 2: 898, 933. '" The deputies from New York aside from the seven named above, were the following. Those in Italics were prominent radicals. P. T. B. Livingston, Uao- Dougall, Lispenard, Clarkson, Smith, Brasher, I. Roosevelt, J. M. Scott, John. Van Cortlandt, J. Beekman, Van Zandt, Vcr Planck, J. Marston, Walter Frank- lin. [209] THE FIRST PROVINCIAL CONGRESS 207 were afterwards loyalists,** and a larger number were lukewarm. Many conservatives and loyalists were, therefore, still hoping that the Provincial Congress would lead New York out of rev- olution rather than into it, some of the loyalist deputies in fact attending regularly and working sincerely to that end.*^ But the Provincial Congress, following the lead of the Committee of One Hundred, led the province straight, though with great caution, into revolution; like the Committee of One Hundred, it represented the moderate-radical combination much more truly than its nominal membership would indicate. An analysis of its rules of procedure, and of the actual attendance, will make this abundantly clear. A quorum of Congress was constituted by the presence of a majority of the counties.*" "What constituted a quorum of the county delegation is uncertain. Four counties, in the credentials of their delegates, determined the quorum by instruction ; Kich- mond elected five deputies with three as a quorum;*^ Kings, eight with a qxiorum of three;** Suffolk, eight with a quorum of three;*' Charlotte, five with a quorum of one."" These in- structions were not in fact observed, however, the votes of Richmond and Kings being sometimes given by two deputies."^ As for the other counties, the quorum seems to have ranged from one to four, except in the case of New York, but even there less than a majority was required."^ The vote of each county was fixed irrespective of the number of deputies. New York having four votes, Albany three, and the other counties two each.°^ " Besides the seven loyalists from New York, the following deputies became loyalists : G. Liyingston, Abram, Lent, Selah Strong, Phillip Van Cortlandt, Richard Lawrence, Aaron Cortelyou, George Smith, Richard Stlllwell, Daniel Rapalje, Zebulon Wiilliams, Joseph French, Thomas Hicks. «= Oal. Borne Office Pap., 1773-1775, No. 1113. "4 Am. Arch., 2: 1242. "Oal. Eiat. M88., 1: 42. "Ilia., 89. '•Ibid., 43. "nid., 66. "4 Am. Arch., 2: 1244, 1308. In the case of Kings County, the two delegates who gave the vote of the county were the ones elected by the Town of Brooklyn. " June 6, only ten of the twenty-one were present, but the county was counted as present. Ibid., 1275. '>md., 1242. [207] 208 BECKER NEW YORK PARTIES, 1760-1776 The vote of each county was cast as a unit according to the majority of deputies present from that county, and every ques- tion was decided by a majority of votes so cast."* It was thus possible . for nineteen deputies, representing eight counties, to carry on the business of Congress, although that is a purely hypothetical case never in fact realized. The question of attendance was, nevertheless, a pressing one, save perhaps for the first six weeks. The second day. May 23, the counties of New York, Albany, Dutchess, Ulster, Orange, Suffolk, Westchester, Richmond, and Kings Avere represented.'^ Delegates from Charlotte appeared May 24;°^ from Queens, May 25;"^ from Tryon and Cumberland, not until June 21 and 22;°* while the delegates from Gloucester never attended. Some of the deputies from Queens neglected to take their seats on the ground that the .coimty was not in favor of a congress ; they were ordered to take their seats, however, inasmuch as the county of Queens "must necessarily be bound by the determina- tions of this Congress . . . and the dissent . . is not to the persons chosen, but_ to the choice of any persons. ""' The attendance of Congress steadily decreased, the average being, for May 783/g, for June 631/2, for July 48%. The highest number appearing at any one time was 82, the least during these three months was 42."" From the point of view of attendance, those who afterwards became loyalists may be divided into two groups; those who thought Congress might keep New York out of revolution and those who expected nothing from Congress. The former attended regularly and took an active part in the proceedings; such were Isaac Low, John De Lancey, Benjamin Kissam, Abram Walton, Joseph Hallett, and Philip Van Cort- landt, none of whom was absent more than nine times in forty- "lUa.^ 1243, 1337. '''ma., 1241. "Tiid., 1246. "lUd.^ 1250. "/Md., 1305, 1309, "Ibid., 1312, 1328. '"Based upon statements of attendance as given In Ibid., 1241 ff. After July 28, the lists of members present la no longer given, except' in one Instance. [208] THE FIRST PBOVINCIAL CONGRESS 209 three.^"^ On the other hand, George Folliott of New York, Richard Stillwell of Kings, George Smith of Charlotte, and Daniel Rapalje of Queens never attended; and Abraham Lent of Orange, Selah Strong of Suffolk, Richard Lawrence of Rich- mond, Zebulon Williams, Joseph French, and Thomas Hicks of Queens, were absent from one-half to two-thirds of the time.^"^ Besides those who afterward became avowed loyalists, the ab- sentees were mainly neutrals, or men of loyalist tendencies, such as Marston and Franklin of New York, Robert Graham and Dayton of "Westchester, Thome of Queens, Swart of Albany, Watkins and Campbell of Charlotte, Seeley and J. WoodhuU of Orange.^"' The active members were the radicals and moderate conservatives. From New York, MacDougall and Verplanck were never absent, P. V. B. Livingston and Isaac Roosevelt only once, Lispenard twice, Beekman three times. Brasher four times. Sears eleven, and Scott twelve times. Gouvemeur Morris and Lewis Graham of Westchester, Jonathan Lawrence and Joseph Robinson of Queens, Abram Yates, Peter Silvester, Walter Livingston, Robert Van Rensselaer, and Henry Glenn of Albany, Nathaniel Woodhull and John Sloss Hobart of Suffolk, were in each ease the men who were rarely absent.^"* These were the conditions that prevailed in the best days of the congress. From the middle of July it was increasingly dif- ficult to secure a quorum either of the particular delegations or of Congress itself. Cumberland County reduced its quorum to one,^°^ and Albany to four "by reason of the inconvenience at- tending the attendance of all the deputies. " ^"^ August 4, the matter was taken up by Congress: "Whereas, those counties which are now represented in this Congress by a majority of »« The number of absences for each, in order : 1, 3, 5, 7, 8, 9. ii>2 Absences : Lent 35, Strong 28, Lawrence 32, Williams 20, French 35, Hicks 40. «"' Absences : Marston' ] 7, Franklin 36, Graham 20, Dayton 26, Thome 29, Swart 37 ; Watkins, Campbell, Seeley, and J. Woodhull were not present at all during this period. '"Absences: Morris 7. L. Graham 8, J. Lawrence 7, Robinson 6. A. Yates 8, Silyester 4, Livingston 11, Van Rensselaer 10, Glenn 12, N. Woodhull 12, Hobart 11. M'4 Am. Arch., 3: 528. i°« /!)«., 3: 1807. 14 [209] 210 BBCKEE NEW YORK PARTIES, 1760^1776 the delegates . . . may be deprived of their weight of rep- resentation, by the absence of members upon the public service, Resolved, therefore, that all members who are absent by order of this House, or of the Contiaental Congress, shall be counted with those who actually appear, and when a majority shall appear upon such counting, then those members actually present shall give their vote for the said county, as if a real majority were personally present at this board. "^" Both the resolutions of Albany County and of Congress are difficult to understand, Four members had frequently cast the vote of Albany County.^"* The assumption of the congress that a majority of the county delegation was necessary to make a quorum, does not accord with the facts. There was no county, with more than two dele- gates, which had not frequently voted when less than half of its delegation was present. If a majority of the delegates from a majority of the counties had been made the quorum require- ment. Congress could hardly have lasted a month. Perhaps the term "majority" in this resolution is equivalent to "quorum." However that may be. Congress was, during August and Sep- tember, "frequently . . . unable to proceed to business for want of a sufficient number of members,"^"' — so frequently, indeed, that the quorum rule was sometimes ignored altogether, and on one occasion some important measures were carried when only six out of the fourteen counties were present.^^" The problem of attendance and quorum might have been solved, doubtless, by a dissolution and new elections. There were, however, two objections to such a procedure: to dissolve Congress before it had run its term would be an open confession of the very weakness which it was important to conceal, while a new election could hardly prove more satisfactory than the first one. Ultimately a dissolution was inevitable, but for the present the difficulty was partly solved by a device of which even more '"'/McJ.j 1816. '°» July 1, only four were present ; July 4, three cast the vote of the county ; July r,, two cast the vote; July 5, 7, 8, only two present. lUg.., 1335-1346. i»»/6i3., 1278. '"> October 24, there were two divisions with only six counties present ; No- vember 4, there was a division with seven counties present. IWd.. 3: 1303, 1323. [210] THE FIRST PROVINCIAL CONGRESS 211 effective use was made in the second congress — ^the Committee of Safety. The first eommitte of safety was appointed July 8, after a session of six weeks and three days, when the attendance had fallen to an average of less than one-half of the membership. The committee, which was to sit for two weeks only, and to which nearly the whole power of Congress was intrusted, was composed of three members from New York with the privilege of two votes, and one member from each of the other counties with the privilege of one vote. The membership was apparently deter- mined by each county delegation, but it is the membership that is significant. The three members for New York were P. V. B. Livingston, Lispenard, and MacDougall; the member for Al- bany was Gouvemeur Morris of Westchester; for Dutchess, Jonathan Landon; for Ulster, Egbert Dumont; for Orange, David Pye ; for Suffolk, Abram Brasher of New York ; for West- chester, Gouvemeur Morris; for Kings, Henry Williams; for Richmond, Richard Lawrence; for Queens, Alexander Mac Dougall of New York; for Tryon, P. V. B. Livingston of New York; for Cumberland, John Morin Scott of New York.^^^ Eleven men thus made up the committee ; five of the eleven were perhaps the most pronounced radicals of the New York delega- tion, and together they controlled six votes out of a total of fifteen, while Gouvemeur Morris, a leading radical at this time, controlled two more, which made a majority. After reassemb- ling July 26, Congress sat for five weeks and three days, and on September 2, with an attendance of forty-seven, a second committee of safety was appointed to sit for the month of Sept- ember. In this committee New York had four votes, Albany three, and the other counties two each.'^^^ The concentration of votes was not so marked as in the previous committee, but six New York radicals controlled seven votes, and the additional votes necessary for a majority were in fact secured in the two instances where there was a division.^^^ Meanwhile, if the Provincial Congress did in fact represent the revolutionary party rather than the province as a ^hole, it was '"lUd., 2: 1347. ^ima., 8: 580. ^^'lUa., 885, 911. [2111 213 BECKER NEW YOEK PARTIES, 1760-1776 precisely for that reason necessary to proceed with great caution in assuming the functions of a government. That it did proceed with caution, but that it also became a government in no uncer- tain sense, a consideration of the measures which it carried through will make abundantly clear. To the important question of jurisdiction, which was taken up at once, there were two sides: to what extent was Congress prepared to enforce obedience to its own recommendations within the province ; to what extent was it prepared to submit to those of the Continental Congress. Both questions were fairly raised on the first day of the session by Isaac Low who moved: "that implicit obedience ought to be paid to every recommendation of the Continental Congress for the general regulation of the as- sociated colonies, but this Congress is competent to and ought, freely, to deliberate and determine on all matters relative to the internal police of this colony." Debates arose, and it was re- solved that the question "be not now put."^^* Two days later it was moved "to give their entire and cordial accession to the confederacy of the colonies, ' ' by formally approving of the pro- ceedings of the first Continental Congress. The question was again debated, and "deferred for further consideration. "^^° Whether the refusal to pass these resolutions marks the first appearance of local jealousy which, imder the lead of the radi- cals, was one day to develop into the doctrine of states rights, is an iateresting question. However that may be, a more satis- factory solution of the difficulty was found in the proposal to continue the policy initiated by the city committee. On the following day it was resolved that the members of Congress be desired to sign the New York Association of April 29,^^* and steps were taken to secure complete lists of signers and non- signers throughout the province. Committees were to be ap- pointed in all of the counties and districts, either by the inhabit- ants themselves or by their deputies in Congress, "to carry into execution the resolutions of the Continental and Provincial Con- gress." The association was to be tendered to every inhabitant "«76j(J., a: 1244. "»/6i(J., 1253. "«761d., 1256. [212] THE FIRST PROVINCIAL CONGRESS 213 in each district, and returned to Congress with the names of all non-signers, not later than July 15."^ For the present, how- ever, it was information that was wanted rather than the strict enforcement of obedience. The committees were instructed, ac- cordingly, that "no coercive steps ought to he used to induce any person to sign the Association;" the example of the other colonies, and the necessity of "maintaining a perfect union in every part of the colony, it is presumed are sufficient reasons to induce the inhabitants of your county to comply with this requisition.""^ "Without too hasty an assertion of its own authority or that of the Continental Congress, the way was thus open for whatever coercive measures future events might justify, or for countenancing any plan for conciliation that might prove" practicable. The question of conciliation was, indeed, closely related to the question of asserting governmental authority. Any complete and formal usurpation of power would necessarily discredit the claim that the colony desired a restoration of friendly relations with the mother country; and if there were some extreme radicals, like Isaac Sears, who eared nothing for conciliation, and some extreme conservatives, like Seabury and "Wilkins, who had lost all confidence in extra-legal methods of obtaining it, there were many conservatives who would not abandon Congress so long as it made even an ostensible effort in that direction. Moderates and radicals alike, with few exceptions, were as yet too uncertain of their position to alienate unnecessarily any class, however small, which helped to bolster up their extrarlegal or- ganization. Therefore, while Congress was "acting with aU the confidence and authority of a legal government, "^^* on the one hand, it did not neglect, on the other, to prepare a scheme for reconciliation. May 30, Benjamin Kissam, a conservative and ultimately a loyalist, moved that, "forasmuch as a reconciliation . . . on constitutional principles, is essential to the wellbeing of both countries, and wiU prevent the horrors of civil war, in "'/Wd., 1256, 1257, 1261. ^'Tbid., 1261. Broadsides, 1. ^•Golden to Dartmouth, June 7, 1775. Weie Yorh Col. Doc, 8: 579. Letter- Book, 2: 419. [213] 214 BECKER NEW TORK PARTIES, 1760-1776 which this continent is now about to be involved," a committee be appointed to prepare a plan to be presented to the Continental Congress.^^ In a slightly amended form, the motion was con- sidered on June 2,^^^ the previous question, moved by Mac Dougall, beiag lost by a vote of 17-8.^^^ The resolution was carried by the same vote, an additional clause was added, and a committee of fourteen representing all shades of sentiment ap- pointed to make a report/^^ The plan, which was not reported for three weeks,'^^* betrayed a hasty and careless preparation. It was short, and in tone far from conciliatory. The first article demanded the repeal of all acts mentioned in the resolutions of the first Continental Con- gress, and of all subsequent acts in restraint of trade and the fisheries. For this Gouverneur Morris proposed to substitute "such acts of Parliament as the present Congress thiuk fatal to the liberties of America," — a proposal which was voted down.^^ The report further demanded that the colonial assem- blies be limited to three years ; that Parliament surrender abso- lutely the right of interferiag "in the religious and ecclesias- tical concerns of the colonies;" that the right of the colonies to legislate for "all cases of internal police whatsoever, subject only to the negative of their sovereign," be fully recognized; that all duties raised by Parliamentary regulation of trade be paid in to the colonial assemblies ; that colonial assistance in the defense of the empire be voted by the assemblies, or by a con- tinental congress "deputed from the several assemblies" and presided over by a president appointed by the crown. These proposals were all adopted, except the last which was amended to read "deputed by the several colonies." The delegates at Philadelphia, to whom the plan was forwarded, were not very "»^ Am. Arch., 2: 1265. >^ The amendment withdrew the clause referring the plan to the Continental Congress. IWd., 1269, 1271. ^"Ihld., 1271. ™IMd., 1270. '" Report made June 22. ' Ibid., 1311. Adopted by paragraphs. Ibid 1315- 1318. Final Plan, md., 1320. "Tbid., 1315. [214] THE FIRST PROVINCIAL CONGRESS 215 favorably impressed by this scheme of reconciliation, which was in fact never presented to the Continental Congress.^^" Whether the adoption of a plan of conciliation, however un- propitious, strengthened Congress with the conservative classes cannot be determined. In any case, measures for the control of the colony were steadily elaborated. The New York Association had already been signed by ninety-nine of the original deputies, fourteen neglecting or refusing to sign,^^^ and the district com- mittees were preparing their lists to be returned in July. The official returns show in five districts of Orange County approx- imately 1,550 signers and 250 non-signers; in seven districts of Ulster County, approximately 1,770 signers and 80 non-signers, in seven or eight districts of Suffolk County, 2,060 signers and 200 non-signers; in six precincts of Dutchess County, 1,680 signers and' 882 non-signers ; in one district of Charlotte County, 110 signers ; in three districts of Cumberland County, 123 signers and 10 non-signers ; in Queens County, 17 signers and 209 non- signers.^^* June 7, Colden estimated the signers in New York County at 1,800.^^* August 5 the chairman of Rombout pre- cinct, Dutchess County, requested more time to complete his list,"" which he returned August 25, the delay being, he said, ' ' on account of pursuing lenient measures. ' '^^^ But refusing to sign the Association was one thing; refusing to obey Congress was quite another. It was desirable to know "•July 6, the delegates ackaowledged the receipt of the plan. They informed the Congress that they had "unanimously agreed to be silent" on the reliiglous liberty clause, so as not to Introduce any thing "foreign to the present con- troversy." Jour, of Prov. Conff., 1: 73. •"The list of signers Is given in Oat Hist. MS 8., 1: 85. i. Am. Aroh., 3: 581. Besides the 99 original deputies who signed, Isaac Sears, who reiplaced George FolUott, signed also, mailng 100. The deputies who did not sign were: Abr. Walton, FolUott, and Franklin, of New Tork; Chas. Clinton, of Ulster; Jas. Haven, of Suffolk; Rich. StlUwell, of Kings; David Watkins, George Smith, and Archibald Campbell, of Charlotte ; Daniel Eapalje and Thomas Hicks, of Queens ; Israel Seeley and Jesse WoodhuU, of Orange ; Jacob Baylle, of Glou- cester. ^^Cal. Biat. MBS., 1: 5, 6, 10, 12-18, 24, 25, 27, 29-36, 44, 46-61; 63, 66-72, T4-88, 98, 99, 209. i Am. Aroh., 3: 582-619. The numbers are given approx- imately ; the lists In the Calendar and in the Archives differ som«(whati, and there ftr« some lists which are not definitely referred to any district. "•Golden, Letter-Book, S: 424. New Tork Ool. Doo., 8: 579. "'i Am. Arch., 2: 1817. ^•^Oal. Hist. M8S., 1: 86. [219] 216 BECKER NEW YORK PASTIES, 1760-1776 who were willing to abide by the recommendations of Congress, but those recommendations were to be observed by all alike. The harbor was carefully watched,^^^ cargoes were disposed of by committees appointed for that purpose/^^ and in general the non-intercourse agreements were rigidly enforced.^^* But obe- dience was also exacted in matters not involved in the Continen- tal Association. Shipping of supplies to Boston was prohibited under penalty of confiscation.^^"* British army enlistments were punished by imprisonment in military camps.^^® A British en- sign, living in New Jersey, and attempting to return to Boston, was sent back to the New Jersey committee, though without "unnecessary violence.""^ Persons "hostile to American lib- erty" were imprisoned for a time, and then released on "prom- ises of amendment. "^^* Some were declared public enemies for haviag misrepresented the conduct of the Continental Con- gress ;^^' others were required to remain in certain districts with- out taking further part in the controversy.^^" "No one," wrote Cadwallader Colden, July 15, "dare now print, write or speak a word in favor of government. ' '^*^ Meanwhile, imder the direction of the Continental Congress, the province was put in a state of defense as rapidly as pos- sible. Continental troops were raised,^*^ the militia organized,^*' '"i Am. Arch., 2: 1574. "»/6W., 965, 1046, 1645, 1815; 3: 16, 21, 66-67. Hist. MBS. Com., 14: Pt. 10, p. 350. "* "Non-Importation strictly adliered to and non-exportation dally expected." Isaac Seagrove to Jno. Blackburn, July 2, 1775 ; Hist. MBS. Com., 14: Pt. 10, p. 324. Exportation was In fact supervised rather strictly even before the agreement became effective. J, Am. Aroh., 2t 934; 3: 445. iMTryon to Dartmouth, August 9, 1775; New York Col. Doc, 3: 004. 1"^ Am. Arch., 2: 1297, 1298, 1299, 1301. "'JWd., 1345. ^-nid., 1793, 1800, 1806. "•/6td., 3: 20, 21. ^"nid., 2i 1815 ; 3: 15, 20, 21. ^"Biat. MBS. Com., 14: Pt. 10, p. 330. '"i Am. Arch., 2: 1242, 1265, 1267-1270, 1275-1278, 1283-1286, 1333-1338; 3: 23-25, 238, 708, 1118. New York Col. Doc, 8: 589. '«4 Am. Arch., 2: 1266; Ss 133, 139, 150, 213, 223, 235, 239, 262, 438 469, 466, 543, 625, 627, 629, 639-641, 644, 653, 600, 681, 690, 695, 707-709* 72«, 737, 750, 774, 778, 851, 936, 983, 988, 1150, 1181, 1206 [216] THE FIRST PROVINCIAL CONGRESS 217 fortifications erected,^** and ammunition and supplies secured.^*" The time had not yet arrived, however, for conscription. As late as August 22, the congress directed that every fourth man in the militia be appointed for minute duty, but only "of such persons as are willing to enter into this necessary service."^*® The most serious difficulty in this respect was naturally the raising of money. Resistance to English taxation did not imply a readiness to submit to congressional taxation : such a measure, we are told, "would give a disgust that might ruin all their schemes."^*' May 26, Congress began to work out a paper money scheme, which was afterwards merged in that of the Con- tinental Congress.^*' Meanwhile, money was advanced from the treasury of the colony by Abram Lott on the personal security of the deputies,^** by the Loan Office at Albany,^^" or by individ- uals.^" But debts rapidly outran income, and in July the pos- sibility of a tax was agitated. As "prudence or policy" dictated the "propriety of doing this in the manner least liable to pop- ular disgust, or perhaps opposition," the congress suggested to the continental delegates that Holland tea, of which there were large quantities in the proviaee, be sold under certain reg- ulations, and bearing a "tax of one shilling per pound. ""^ This ^** Ibid., 3: 1265-1269, 1275-1286. Broadsides, 1. '«4 Am. Arch., 2: 1046, 1242, 1265, 1285, 1292-1297, 1310. Ammunition was secured during 1774 and 1775 In large quantities from Holland, France, and England. Cal. Home Office Pap., 1773-1775, Nos. 717, 732, 782, 793, 1074, 1093. Bm. MSB. Com., 14: Pt. 10, p. 366. New York Col. Doc, 8: 434, 509, 510, 528. '"i Am. Arch., 3: 543. •"Colden to Dartmouth, June 7, 1775; Letter-Book, 2: 419. This was recog- nized by Congress Itself. Of. i Am. Arch., 2t 1805. »"4 Am. Arch., 2: 1254, 1255, 1262. For continental issue, see Ford, Journals, 2! 103, 105, 207, 221, 236. For later Issues of Provincial Congress, see } Am. Arch., 3: 565-567, 568. >« May 31, Clarkson, Llspenard, and MacDougall offered to be bound for sums advanced up to 1500 £. It was thenj resolved that all the deputies be bound personally, except Henry Williams who dissented, i Am. Arch., 2i 1266. '"lUd., 1272. "1 Clarkson gave a note for 200 £ on personal security of the deputies. Ibid., 1271. ""Congress to the Continental Delegates, July 26, 1775; /Wd., 1805. No direct reply to this letter has been found, but September 30, the tea scheme was mentioned in a letter on another matter. "Tou cannot be Insensible of the delicacy of this subject, and how many difflculles we have to! struggle with to accomplish your humane request." lUd., 3i 750. [217] 218 BECKER NEW YORK PARTIES, 1760-1776 plan was abandoned, and August 30 a committee reported in favor of a tax of 15,000£. The report was not approved, how- ever, and Congress issued 4:5,000£ in paper money instead.^^^ A few days later the deht to the colonial treasury, incurred in May, was repudiated in so far as the money had been "applied for the public exigencies of this colony. "^^* While preparing for war in this fashion and endeavoring to suppress the enemies of America at home, Congress sought to maintain friendly relations with the agents of the English gov- ernment, civil and military, who were stationed in the colony. After the proroguing of the assembly, Colden retired to his farm on Long Island,^'^'' and June 25, Governor Tryon returned from England.^^" Curiously enough. General Washington reached New York at the same time. Both men entered the city under escorts provided by the Provincial Congress,^°^ and the same crowds which cheered Washington in the afternoon, huz- zaed for Tryon in the eveniag.^^^ Early in July the mayor and corporation proposed to wait upon the governor and deliver a formal address of welcome, but Congress resolved that it would be "altogether improper for the said Corporation, or any othe/ body corporate or individual ... to address His Excel- lency at this most critical juncture.""^ But the chief source of irritation between the royal and revo- lutionary governments was the presence of the royal ship Asia, which had been stationed in the harbor since May 27,^'"' and of the royal troops in the city. The troops were an eye-sore to the mob, and radicals like Sears and Willett were in favor of forcing the barracks and imprisoning those who would not de- sert. To avoid a conflict, it was proposed to remove the small '"Ibid., a: 1817; 3: 567, 568, 575-577. '"/6i(2., 3: 578. '" Oal. Home OMce Pap., 1773-1775. No. 1057. ""Tryon to Dartmouth, July 4, 1775; New York Col. Doc, 8: 589. '""That he have the residue of his Batta;lion ready to receive either the General or Governor Tryon, whichever shall first arrive, and to wait on both as well as circumstances will allow." i Am. Aroh., 2t 1318. "» Jones, Bist. of New York, Is 54. '"New York Col. Doc., 8: 594. The address was left with the governor, nevertheless, and he replied to it. Ibid., 593, 594, 595. '"Ibid., 581. i Am. Arch., 2: 1257. [218] THE PIEST PROVINCIAL CONGRESS 219 garrison to the ship Asia, and June 6 was set for the embarka- tion. The radical leaders, under the impression that the troops were to be taken to Boston, halted the procession as it marched down Broad street, and under the lead of Mariaus "Willett cap- tured some carts containing equipment which, they insisted, the committee had not authorized to be taken from the bar- racks."^ The committee itself, however, voted to restore the equipment."^ Equally irritating to the radicals was the regu- lar provisioning of the ship Asia, which the committee had authorized upon its arrival, and which had been continued by the Provincial Congress."^ July 13 a boat belonging to Captain Vandeput was destroyed in the night.^"* It was ordered rebuilt by the congress, but was again destroyed, whereupon Congress ordered the persons involved to be punished as ' ' enemies of their country.""^ The radicals succeeded in cutting out the phrase "enemies of their country," and the committee appointed to carry out the resolution reported that the guilty persons could not be found. ^"^ No carpenter dared undertake the task of re- building the barge, and it was finally constructed under the protection of a military guard furnished by the Provincial Congress.^"^ For about three months Congress carried out with no serious difficulty the cautious policy which has been described: exer- cising the functions of government in a tentative way; prepar- ing for war without making war; securing obedience without inflicting harsh penalties. But from the close of August, a pol- icy of moderation became increasingly difficult. It satisfied less than ever the extremists on both sides: conservatives were with- ^" WlUett's NarraUve, 58-65. Colden to Dartmouth, June 7, 1775 ; Nem York Col. Doc, 8: 582. ^"i Am. Arch., 2: 1290. ^" Ibid., 1257. Admiral Graves wrote that there were many in the Congress who wished to keep the peace on account of their property, "through whose influence perhaps it is that, as yet, the King's ships have met with no difficulty In getting the provisions required." Oal. Home Office Pap., 1773-1775, No. 1113. But he thought there was no telling how long it would last. Ibid., No. 1057. iMTryon to Dartmouth, August 7, 1775; New York Col, Doo., 8: 597. "° Motion introduced by Low and Wailton, both afterwardai loyalists. /< Am. Arch., Si 1812, 1818. ^"Ibid., 3: 78, 79, 139, 535. ^"Ibid., 533. [219] 220 BECKER NEW TOEK PARTIES, 1760-1776 drawing because of the failure of conciliation; radicals were urging more repressive measures. To understand the situation during the closing months of the first Provincial Congress, it will be necessary to consider briefly the progress of events out- side of the colony. Until the middle of the summer of 1775, those conservatives who still believed that conciliation was possible without unquali- fied submission, fixed their hopes upon two things: Lord North's resolution, and the assembly's petitions. It was late in Febru- ary that North introduced his famous Resolution for Concil- iation."* The unexpected move was regarded by the opposi- tion as an effort to secure by -finesse what could not be secured by a straightforward policy.^*' There was some justification for the charge. The government's best hope lay in breaking down the support which Massachusetts was receiving from the other colonies: if New York and some of the southern colonies could be detached from the continental union, the New England rebellion, it was thought, would collapse. The resolution of the first minister was in fact shortly followed by the acts restrain- ing the trade of New England and of the southern colonies.^"* Neither act touched New York, and as the Resolution was held out to the colonies individually, it was expected that the favor thus shown to New York, combined with the well-known conser- vative temper of that colony, would once more justify the Roman maxim of divide et impera."^ Unfortunately for such an expec- tation, the Resolution reached New York the day after the news in The resolution proposed that when any colony made proTlslon tor Its pro- portion of the "common defense," and for the colonial government, such colony would be exempt from further taxes except duties incidental to the regulation at trade, such dutias to "be carried to the account of such ipirovlnce." Part' EM. 18j 320. "• Pownall, hitherto the staunchest friend of the colonies, now advocated the use of force. Hid., 322 ff. Fox thought the measure "founded on that wretched, low, shameful, abominable maxim . . cUvide et impera." IMd., 333. Burke "found the proposition altogether InsidlouB in its nature." Ibid.. 335. »™ UHd., 298, 411. 15 George III., ehs. 10, 18. 171 "I avow the using that principle," said Lord North, "which will thus aividB the good from the bad, and give support to the friends of peace and good government." Pari. Hist., 18: 334. Of. London Letter, July 9, 1776; i Am. Arch., 2: iei4. ■ ' , /; ^M [220] THE FIRST PROVINCIAL CONGRESS 221 from Lexington, when the city was already in the hands of the mob, whose control was shortly replaced by the more effective rule of the Provincial Congress. The Provincial Congress ignored the resolution of Lord North, and formed a plan of conciliation of its own which, as we have seen, was referred to the Continental Congress. That the Con- tinental Congress would reject the government's proposals was a foregone conclusion, for those proposals struck at the very union of which the Continental Congress was the chief expres- sion. Before even considering the resolution. Congress very clearly defined its own position. Frankly accepting the Battle of Lexington as a declaration of war, it assumed more openly than the first congress had done' the powers of a government. Massachusetts was recommended to form a state government, and to ignore the regulating act and the officers appointed to enforce it.^^^ June 17, "Washington was appointed "General and commander-in-chief of the army of the United Colonies," and invested with "full power and authority for the . . . welfare of the service."^'' June 30, rules for regulating the army and navy, were established i"^ and July 6, a declaration was put forth stating that the attempt of Great Britain to "effect by force of arms what by law or right they could never effect, renders it necessary for us also to change the ground of opposition, and to close with their last appeal from reason to arms."^'*' After all this any measure looking towards conciliation could have at best but a conventional significance. The Petition to the king was felt to be entirely perfunctory,^'* and the reply to Lord North, which was delayed till July 31, was scarcely less so. The resolution was declared to be both "unseasonable and insidious," and the world would agree, it was thought, "that nothing but our own exertions may defeat the ministerial sentence of death or abject submission.""' "2 Ford, Joumoila, 2: 83. "'IMd., 96. "'lUd., 111. "'>nid., 128. "»/W Joseiph Hallett to John McKesson, January 3, 1776; 4 Am. Arch., 4; 561. " John Flhlay to the Committee, January 23, 1776 ; Hid., 817. =' P. R. Livingston to the Committee, January 17, 1776 ; md., 1054, '■2 Based on the lists In Itid., 1017 tE. "C/'. md., 5: 1432 S. [235] 236 BECKER NEW YOEK PARTIES, 1760-1776 and even this did not always suffice."* The reports of such condi- tions did not make pleasant reading abroad, and the dissatisfac- tion of the delegates at Philadelphia was reflected in a letter from Jay to MacDougaU." The difficulty of securing a quorum would remaiu, certaialy, as long as five counties neglected to send any deputies at all; and very early in the session Congress set about to remedy this situation. While the congress was theoretically based on the will of the people, the practical difficulty would disappear if even a small minority ia each of the five counties should formally choose representatives. It was a delicate question, but the exi- gencies of war left the congress no choice; the Committee of Safety cotild not go on indefinitely, and its powers had been un- duly extended as it was; delegates must somehow be chosen, if not voluntarily then under pressure. The threat of military government had already been held out to the delinquent counties. "On the one hand, should the reius of government be let loose, and the mob direct matters at their pleasure, the horrors of our situation may be more easily conceived than described. And, on the other hand, should the Continental Congress find it necessary . . . . for the want of a Congress, to put the colony imder " The difficulty of securing a quorum in the Committee was so great in Jan- uary that on the 8th of that month a flue of 8 shillings was voted upon those then present who failed to appear at any meeting until all unfinished business was disposed of. IMd., 689, Of. iUd., 280. January 10, a broadside was published by the Committee stating that, "Whereas the business of this Com- mittee has been much impeded by reason of the absence of many members," the freemen and freeholders should be requested to assemble January 27 to re- duce the quorum to twenty-one, or such other number as might seem desirable. Committee Chamber, January 10, 17761: Broadsides, t. 4 Am. Arch., 4: 092. This announcement called forth a second broadside which recommended the ap- pointment of a new committee of fifty members, with a quorum of fourteen, to be named by the old committee. This recommendation was due to no dissat- isfaction with the action of the old committee but to the fact that the few "who have made it a point to attend . . are now almost worn out." Lucius to the Inhabitants of New York ; Broadsides, 1. The old committee ap- parently acted on this suggestion. February 2, a meeting was called for Feb- ruary 8 to choose a new committee of fifty for six months, with the quorum at 21 New York Mercury, February 5, 1776. I have no record at hand of the election of the new committee, but It Is clear that It was elected. Of. Letter of the Committee to the Provincial Congress, July 30, 1776 ; Jour. Prov Oona 2i 289. " Cf. letter of December 23, 1775; Jay Papers, 1: 40, and letter of March 23 1776; 4 Am. Arch., 6i 471. ' [236] THE SECOND PROVINCIAL CONGRESS: LOYALIST REACTION 237 military government, directed by a Major General and an army, and that at the sole expense of this colony, you may easily im- agine what disagreeable consequences will ensue."" The re- sponse to this request was not all that could be wished, but it sufficed for the object in view. From two of the five counties deputies were, after some difficulty and delay, forthcoming; three remained unrepresented altogether. The county of Orange, although nominally represented from December 6, requested Congress to fix another date for the elec- tion of a fresh delegation, "by reason of some misapprehension, and the situation of our county and inclemency of the weather. ' '" December 9, some freeholders at Orange Town accordingly elected six deputies for the county, and after December 12, a quorum was generally present.^* In Cumberland County there was a sharp factional dispute, which the committee of safety proposed should be harmonized by a characteristic device,'* and after a short delay the county committee appointed two dep- uties for the county.*" Richmond County, left to itself, would not have chosen any deputies. The county committee was duly called to meet after the dissolution of the first congress, but no quorum appeared and the election was dropped."^ In response to the unofficial letter of December 2, advertisements were posted, and December 15 " a number of the said freeholders and inhabi- tants did appear; a regular poll was opened and continued till six o'clock; at the conclusion of which it appeared that a ma- jority was for the present for sending no deputies.""- In Queens County the question had already been presented in the same fashion. November 7, a poll was opened at Jamaica and votes taken for or against sending deputies; the result was 788- 221 against sending any deputies."^ '" i Am. Arch., 3: 1755. '■'ma., 1763. =«/M(i., 4; 399. " Recommends the election of a large and representative committee for tlie county. lUd., 1031. «>n>id., 426. ''Ibid., S: 1755. '^lUa., 4: 428. Clnte. Staten Island, 170. "i Am. Arch., 3: 1389. Onderdonck, Documents and Letter! . . , of Queens County, 39. , ft ' [237] 238 BECKER NEW YORK PARTIES, 1760-1776 It was meantime learned that the loyalists of Queens County were being supplied with arms from the royal ship Asia, which was in turn furnished with supplies from Long Island. A com- mittee of the county, which was ordered to appear before Con- gress, ignored the summons, and on December 21, Congress pro- ceeded to a consideration of the state of both Queens and Rich- mond. It was resolved that those who voted against sending deputies be "entirely put out of the protection of this Congress .... that all friendly and commercial intercourse between the said persons . . . and the other inhabitants of this col- ony, ought to be, and . . . as far as can be effected by the recommendations of this Congress, hereby is . . totally interdicted. ' ' *'* The congress was altogether ceasing to be a party organization advocating a policy ; it was rapidly becoming a government enforciag obedience. How that obedience was to be exacted was, however, a question that bristled with practical difficulties. To suppress the delinquents of Queens County by force of arms would bring on a bombardment of the city by the king's ships; supplies would be stopped, and the evacuation of the city which had been going on for two months would be greatly accelerated. "We have proceeded against them" the conti- nental delegates were assured, " as far as prudent regard to the present circumstances of the capital of this colony . . . will per- mit. ' ' The impropriety of employing any of the inhabitants of the colony against the delinquents, "if others can be employed for the purpose, ' ' it was thought would be sufficiently obvious."^ Against Queens County the Continental Congress ultimately employed "others," but Richmond County now submitted. January 19, the polls were again opened "without any opposition," and Adrian Bancker and Richard Lawrence were elected."" Queens County refused to rescind its resolution, and, together vdth Charlotte and Gloucester counties, remained unrepresented. Meanwhile seven of the New York deputies, who neglected to «< 4 Am. Arch., 4: 372, 435. "Ihid., 435. Tbid., 1069. Cf. ibid., 5: 263, 2B3i Adrian Bancker wag a delegate from New York County. [23a] THE SECOND PKOVINCIAL CONGBESS : LOYALIST KEAOTION 239 attend were replaced by a special election February 20, pursuant to the order of Congress."' Both loyalists and conservatives had been disappointed with the action of the Continental Congress on Lord North's resolu- tion, but neither had given up hope of accomplishing somethiag by means of it. The conservatives still looked to the Provincial Congress to act upon it independently; the loyalists, failing to prevent the organization of the second congress, but encouraged by its weakness when organized, aimed to revive the assembly and place the direction of affairs ia its hands. In December and January the revolutionists were mainly occupied m. prevent- ing the realization of these aims. The opportunity of the conservatives was furnished by a letter of Governor Trj'on to the people of the colony, in which he ex- pressed his regret that there had as yet been no prospect of tak- ing "the dispassionate and deliberate sense of its inhabitants, in. a constitutional manner, upon the resolution of Parliament for composing the present ferments. "°^ Acting upon this sug- gestion, Thomas Smith assembled a caucus of those members of Congress who were supposed to be favorable to such a project, and his brother, William Smith, opened to them a "plan toward a reconciliation under the form of instructions to the delegates . . . at Philadelphia. ' '"^ These instructions I have not found, but on the 8 of December, Thomas Smith introduced into Con- gress resolutions that were intended, apparently, to pave the way for his brothers plan.'" These resolutions asserted "that this Congress conceive it highly necessary and expedient that his Majesty should know the sense of this colony on the Parlia- mentary Resolution of the 24 of February in such a way as his Excellency may conceive to be most constitutional.'"^ WiUiam Smith thought these resolutions "incautiously framed.'"'' There '■• lUd., 6: 255, 259. ™/6id., 4: 173. The date of the letter was December 4, 1775. For the reply of "a Citizen," see ibid., 174. "William Smith to Tryon, December 17, 1775; New York Col. Boo., St 653. ™4 Am. Arch., 4: 394. New York Col. Doc, S: 653. "4 Am. Arch., 4: 394, 395. ^New York Col. Doc, 8: 653. [239] 240 BECKER NEW YORK PARTIES, 1760-1776 was in them, certainly, too obvious a reference to the governor's letter ; in any ease they were inconsistent with the proposed plan inasmuch as instructions to the continental delegates would scarcely satisfy Tryon's idea of "the most constitutional" method of taking "the dispassionate and deliberate sense" of the colony. The "most constitutional" method could mean nothing less than a vote of the assembly, and William Smith says that his plan was opposed by those who "had private aims of gaining seats" iu that body." When Congress resumed consideration of Thomas Smith's resolutions on December 13, this opposition was strikingly manifest in the amendment offered by Hobart and Gilbert Livingston. The amendment omitted all reference to North's Resolution, but asserted that the colony had no desire for independence. Nor was it the "desire or design of its in- habitants to disuse, much less to oppose or obstruct the ordinary course of government or legislation: but that, on the contrary, they highly esteem, and will not willingly cede their right of being represented in General Assembly." The two concluding resolutions expressed the desire of the people that the assembly should be convened "not only that the ordinary business of the country may be dispatched, but also that their sense may be ex- pressed, as well by their representatives in Assembly as in Con- gress, on the present unhappy controversy."^* The amendment was carried by a vote of 17-2, and referred for consideration. But the revolutionists had been at too much pains to get a Congress assembled to countenance measures which would either remove its very radson d'etre or detach the colony from the Con- tinental Congress. Both attempts — the attempt to refer the resolution of Lord North to the assembly, and the attempt to get the Provincial Congress to act upon it independently— were accordingly summarily defeated. The amended resolutions wero discussed in detail on the 14th, with the result of transforming them beyond recognition. As finally adopted the resolutions were in substance as follows: (1) That the people of the colony have not withdrawn their allegiance from the king; (2) that the "sup- 's Ihid. "4 Am. Arch., 4: 406. [240] THE SECOND PROVINCIAL CONGRESS: LOYALIST REACTION 241 posed present turbulent state" of the colony arises solely from the acts of Parliament "devised for enslaving his Majesty's liege subjects;" (3) that the inhabitants do not desire to obstruct the ordinary course of legislation, but that they ' ' highly esteem their right of being represented in General Assembly."" The reso- lutions which recommended the calling of the assembly were omitted altogether, and two additional resolutions were added which expressed very clearly the attitude of the revolutionists on the whole question. The first was moved by J. M. Scott: "Re- solved, nevertheless, that . . . nothing of a salutary nature can be expected from the separate declaration of the sense of this colony on the Resolution of the House of Commons . and ... it would be . . . highly inconsistent with the glorious plan of American union, should this colony express their separate sense on the above mentioned supposed concilia- tory proposal. ' "" The second was introduced by MacDougall : it asserted that the colony was fully represented in the Continental Congress for dealing with all proposals for reconciliation, and that the Continental Congress had already expressed the sense of the colony on Lord North 's Resolution.''^ The loyalists, nevertheless, proceeded to convene a new assem- bly. December 17, William Smith suggested the idea to Tryon : "The dissolution will enable men of temper to testify their dis- approbation of the present violence, under a proper and safe cloak form a confederacy to correct and undermine the tyranny erected over the colony, turn the eyes of the multitude towards a power that is constitutional, and favor future overtures for a restoration of harmony."^* Acting on this hint, perhaps, and .assured of loyalist support, Governor Tryon dissolved the as- sembly, January 2, and issued writs for a new election return- able February 14.'^ The Committee of Safety was much alarmed ; and letters were dispatched to all the members of Congress and to such of the county committes "as may be thought ncessary." '=76i(f., 408. ™7Wf/., 411. '■ IMd. '"New York Col. Doc. S: 6.54. "4 Am. Arch., 4: 542. New York Col. Doc, 8: 649. 16 [241] 242 BECKEB ^NEW YORK PARTIES, 1760-1776 The object of the new election, the deputies were assured, was "to take the sense of the good people . . . (in what the gov- ernment calls "a constitutional way") on Lord North's mo- tion;" but the late resolutions of Congress "we cannot suffer to be rescinded by any body of men in this colony. ' ' To prevent such a catastrophe, the congress was called to meet February 1, which it was hoped would " sufficiently awe a corrupt Assembly." Accordingly, the letter concludes, "we beseech, we obtest, we adjure you . . that you meet punctually ... on the first day of next month. "^" The elections, which the deputies and county committees were directed to attend to,^^ were held towards the end of January. They aroused but little interest. In New York city a broadside appeared January 6 recommending that the delegates be defi- nitely instructed. ^^ January 17, some freeholders met at Vander- water's and nominated P. Livingston, Jay, Alsop, and Mac- Dougall, who were elected without opposition on the first of Feb- ruary.*^ Elections were held in every county in the province, but few details have been preserved. °* February 14 thirty rep- resentatives appeared, of whom nearly one-half were members of the Provincial or Continental Congress.^" The congress had itself assembled two days before,*" and General Lee was already in the city making preparations for defense against a British in- vasion. The city was in a panic, and under the circumstances it was felt that nothing could be accomplished. The assembly was at once prorogued to March 14,*' and then to April 17.*' Tryon would have prorogued it once more, and he issued a sum- »»4 Am. Arch., 4: 1028. Cf. Hamilton to .Jay, December 31, 1775; Jay Poh pers, 1: 41. " 4 Am. Arch., 4: 1'020, 1028. Schoonmacher, Kingston, 178. "' Publicola to the Electors, January 6, 1776 ; Broadsides, 1. Hamilton was probably the author. Ct. Jcuy Papers, 1: 41. «> Loudon's Packet, February 8, 1776. New York Mercury, January 29, Feb- ruary 5, 1776'. "For Ulster County, see George Clinton MSS., 1: 79. For Kings and Suf- folk, New York Mercury, January 29, 1776. For Westchester, i Am Arch 3i 1.37.3. "New York Mercury, February 19, 1776, i Am. Arch., 4: 1153. •"4 Am. Arch.. 5: 251. "New York Mercury, February 19, 1776. 4 Am. Aroh., 4; 1153. " New York Merowy, March 18, 1776. [242] THE SECOND PROVINCIAL CONGRESS: LOYALIST REACTION 243 mons to the council to meet on board the Duchess of Gordon, bnt all intercourse with the royal ships had recently been iaterdicted and the New York Provincial Assembly was at an end.^* If the congress might now draw an easy breath so far as Lord North's Resolution was concerned, there were problems enough, bristling on every side of it, still to be solved. Anomolous sit- uations are doubtless inevitable in a civil war: at least the sit- uation in New York during the winter of 1776 was a curious one. In the midst of active warfare, with a continental army blockad- ing British troops in Boston, active preparations for defense making in New York city, and new troops raising in every col- ony, the British men-of-war in the harbor were supplied from the city by direction of the Provincial Congress, while the city was itself supplied from New Jersey by boats that daily passed within hailing distance of the enemy's frigates."" The governor had long since retired to the Duchess of Gordon for safety ; and although he had been ordered under arrest by the Continental Congress, the council passed back and forth periodically in the. exercise of functions that were altogether usurped by the Pro- vincial Congress."^ A nominal inspection of the mails failed utterly, as everyone was aware, to prevent the transmission of the revolutionists' secret plans to the English government."'* The truth was that Congress could not bring itself to pronounce the dread word "rebellion." It labored diligently therefore, succeeding, one must admit, wonderfully well, to carry the prin- ciple of accommodation to the verge of absurdity. To restrain and direct those who were pressing on eagerly towards inde- pendence, without alienating the moderate and conservative ele- ments or precipitating an open attack from the ships of war in »»Tryon to Germaine, April 18, 1776; New York Col. Doc, 8: 676. •»4 Am. Arch., 4: 1110; 5: 270, 276, 281, 287. •^ima., 5: 363. '^ William Smith furnished information to General Howe. See Letter of Feb- ruary 11, 1776; Tbtd., 4: 1000. Tryon, on the Duchess of Gordon, was well informed of what occurred in the city. Cf. letters, February to July, 1776 ; New York Col. Doc., 8: 663-681. Brattle, a servant of James Duame, was em- ployed by Tryon as a spy at Philadelphiai and copies of resolutions of the Continental Congress were forwarded to Tryon by way of New York, i Am. Arch., 5: 44. Duane, Diary of Marshall, 56. Cf. Writings of Washington, 4: 130, 215, note. [243] 244 BECKER NEW YORK PARTIES, 1760-1776 the harbor: this was the dilemma which confronted Congress. How it eased off the prick from either horn, as it were, may be indicated by exhibitmg its treatment of loyalists, on the one hand, and its dealings with the continental army, on the other. Outspoken opposition on the part of individuals was suppressed in much the same manner by the second congress as by the first, but rather more summarily : by imprisonment at the expense of the offender.'^ Although the first congress had directed that a fair trial should be given to accused loyalists, it frequently fell out that prisoners protested entire ignorance of the cause of their confinement, — close confinement usually, which, as one prisoner complains, "daily drives a nail into my coffin."** The influx of loyalists from other colonies led to the require- ment that every stranger should present a certificate from some committee on pain of being treated as an enemy.*^ It was in those districts or counties where the loyalists were a majority that the problem was most serious, however, particularly in Queens and Richmond counties. The New York Congress had already put those who voted against sending deputies under boycott. The danger from the royal ships prevented the em- ployment of force by that body, and it had already been sug- gested that the object might be accomplished by the Continen- tal Congress.'* Letters were at the same time written to the neighboring colonies stating that, in case the Continental Con- gress did not take up the matter, they were "at liberty to take such measures with the enemies of America in these counties as they shall judge necessary. ' ""■ In fact the Continental Congress passed a resolution January 3, 1776, for disarming the tories of Long Island and for the imprisonment of twenty-seven of the " This opposition took various forms, such as violating the Continental asso- ciation, spealiing disrespectfully of Congress, sending provisions on board the royal ships, enlisting men for service in the royal army, spiking cannon at King's Bridge, allowing pri^joners to escape, disaffection in the militia, etc. Of. i Am. Arch., 3: 1625-1627, 1629; 4: 156, 185, 187, 203, 247, 280, 390, 393, 402-404, 415, r,93, 818. 857, 923, 1043, 1050, 1070, 1072, 1076. IIOS, 1105, 1120; 5: 102, 344, 359, 390, 466, 548, 558, 788, 926, 927, 1428, 1445, "J6j(J., 4: 857. Cf. ibid., 818, 923; 5: 390, 548, 558, 788. "■Ibid., 4: 438; 5: 250. "'Ibid., 4: 435. « Ibid. [244] THE SECOND PROVINCIALi CONGRESS: LOYALIST REACTION 245 ring-leaders in Queens County."* Colonel Heard accordingly overran .Queens County, disarmed about six hundred inhabitants and carried off nineteen prisoners."" In February the Congress of New Jersey ordered the colonel to secure Staten Island "from depredation, ' '"» which he accomplished to the satisfaction of the New York Congress ;^°^ and about the same time Schuyler, by order of the Continental Congress, disarmed the tories of Tryon County, lo^* There was a touch of irony, perhaps, in the fact that the con- tinental army itself, upon which had been shouldered the re- sponsibility of suppressing the tories on Long Island, was to fur- nish the chief obstacle to the congressional policy of accommoda- tion. The anny naturally had little sympathy with such a policy; it was iu fact the resort of many irreconcilable radicals like Sears, Lamb, and Willett, who had been shouldered out of the revolutionary organization in New York by erstwhile conser- vatives like Jay and Duane. A foretaste of the temper of the army had already been experienced in the preceding autumn. November 20, sixteen men under Isaac Sears, a disgruntled member of the first Provincial Congress,^"^ left New Haven "Ford, Journals, 4! 25. "lUd., 47, 114. New York Col. Boo., 8: 663. i Am. Arch., 4: 1119, 1181; 6: 273. For furtber Information as to conditions In Qneens County, cf. {bid., 4i 203, 372, 404r-406, 434, 596, 858, 860, 1108, 1119; 6i 265, 273. Oal. Bitt. MB8., 1: 215. In March the Rerolutionists succeeded in getting county and district committees appointed in the county, i Am. Arch., 5: 352. 1""^ Am. Arch., 5: 203. Richmond had already elected delegates to the Pro- Tincial Congress, and the Continental Congress directed that they might be received on condition that they and a majority of the inhabitants signed the Association. IIM., 264. The delegates did so, and assured the Congress that seven-eighths of the Inhabitants had also signed. IMd., 284. The Congreas stated that Colonel Heard was sent to Staten Island to prevent "depredation" by Clinton. Ihid. Clinton had, however, long since gone south. ^"^lUa., 27e. ""Ford, Journals, 4: 109. New York Col. Doc, S: 663. Of. i Am. Arch., 3: 1963. "' Sears was one of those extreme radicals who had no symipathy with a cautious policy of any kind. He never was of any use on committees or in the Congress, his talent being for stirring up the mob. Like many others, he consequently found the army more congenial to his temper. Tryon called him a tool of the Continental Army, and reports him as saying that he worked in- dependently of Congresses and committees. Tryon to Dartmonth, December 6, 1775: New York Ool. Doc, St 646. Charles Lee characterized Sears pertKtly: "He is a creature of much spirit and public virtue and ought to have his back claipped." Lee to Washington, February 14, 1776; i Am. Arch., 4: 1145. [245] 246 BECKER NEW YORK PARTIES, 1760-1776 and marched into "Westchester County, where they were joined by about eighty men under Captain Richards. Prominent loyalists of Westchester County, among them Samuel Seabury, were taken and sent under guard to Connecticut. The rest of the company then proceeded to New York. Entering at high noon to the accompaniment of cheers and a salute of two guns, they marched to the home of James Rivington, wrecked his presses, and scattered his type in the river.'"* Whether the New York Congress was privy to this expedition or not, it is certain that no effort was made to prevent it. The more radical mem- bers were doubtless well pleased with the result; the conserva- tives pleased that Congress was not responsible for it."^ The responsibility was nevertheless thrust upon them : the event was talked of outside the proviuce, especially at Philadelphia, and it was thought among the revolutionists to argue ill for the reputation of the colony, — a reputation, Jay wrote to the Con- gress, which cannot be maintained "without some little spirit being mingled with its prudence."'"" Prudence was, however, the strongest instinct of the Congress ; and it is significant of the entire situation in New. York that the presence of the continental army itself did not suffice to give it a bold front. Early in January Washington informed the Con- gress that he had sent General Lee to put New York in a state of defense.'"^ The arrival of General Lee himself created some^ thing of a panic among the inhabitants, who feared that his ob- ject was to attack the fleet.'"' The congress was assured that '»*i Am. Arch., 3: 1707. New York Col. Doc, 8: 646. Sears had a personal grudge against Rivington. Bivmgton's Gazetteer, September 2, 1774. w' The Congress protested against the exploit In a letter to the Governor of Connecticut. // Am. Arch., 4: 401. It also requested the Continental Congress to take measures to prevent such occurrences. Ibid., 422, 42.3. From Connecti- cut no answer veas returned until June 13, 1776 ; and then the Governor very effectively turned the edge of the protest by stating that the instigator of the whole affair was a citizen of New York and a member of the New Yorlc Congress. lUd., 6: 1398, 1399. '"JSid., 4t 410. ""Ibid., 605. The Instructions to General Lee are in Wrltinga of WasWngton, S: 327. Of. iUd., 345, 364. 108 Try on to Dartmouth, February S, 1776; Neto York Col. Doc, 8j 666. i Am. Arch., 4: 958. Gf. letters quoted in Irving, lAfe of WmMnffton, 2: 179. [246], THE SECOND PROVINCIAL CONGRESS: LOYALIST REACTION 247 such was not the case;^"* but the arrival of a committee of the Continental Congress to confer with the general/^" so far from quieting the apprehension, served only to arouse the latent senti- ment of opposition to external interference in the affairs of the colony. And this sentiment, which was one day to ripen into anti-federalism and states rights, was strongest among the very radicals who had formerly urged the necessity of continental union in resistance to British oppression. If New York was to become the seat of war, the Provincial Congress did not propose for that reason to surrender its authority either to civil or mili- tary agents of the Continental Congress. February 1, Scott and MacDougall were sent to confer with the continental commit- tee.^^^ The request for supplies was answered by a niotion that the troops be stopped until a ' ' further conference could be held. ' ' The motion was lost by one vote, Brasher, MacDougall, and Sands, voting the afiirmative,^^^ whereupon Scott moved that the troops be lodged in the Barracks "imder the direction of this committee [of safety] or the Provincial Congress. "^^^ The motion was carried, but the continental committee replied that they could not agree that the troops should be under the entire direction of the Provincial Congress, "as that would be to ex- ceed any powers lodged in them by the Continental Congress. ' '^^* Colonel "Waterbury also assured the Committee of Safety that he could not give up the control of the troops "without orders from the general. "^^° If the divergent principles of nationalism and sectionalism had thus early made their appearance in the prac- tical politics of New York, the exigencies of war for the present gave an immense advantage to the cause of union, and, after a second conference, the Committee of Safety declared itself satisfied, "as those troops are to be under the command of the "»/, Am. ArcTi., 4: 605. ^'^ Harrrison, Lynch, and Allen were appointed January 2<5, "and that G'eneral Lee be directed to follow the determination of the said conamittee." Ford, Journals, 4! 94. '"4 Am. Arch., 1: 1006. "2 lUd. "' ma. 1" rbid., 1098. ■" rbid. [247] 248 BECKEK NEW YOEK PARTIES, 1760-1776 committee of the Continental Congress.""" February 4, the very- day that Clinton sailed iato the harbor on his way to the South, General Lee arrived with a body-guard of riflemen, and a regi- ment of Connecticut men imder Colonel Waterbury marched into the city. Two days later the little army was strengthened by four companies of Jersey troops under Lord Sterling. ^^' The question of defense was settled satisfactorily,"^ but the relation with the ships of war at once gave rise to difficulties. Haviug learned that Governor Tryon had iaduced some gun- smiths to desert the colony and establish themselves in Eng- land,^"^" Lee "pro tempore interdicted aU communication with the governor's ship."^^° A "committee of war" was at once appointed by the Provincial Congress, (which had meanwhile assembled), and although measures were taken to limit inter- course with the royal ships, it was resolved that such intercourse could not be cut off altogether.^^^ The seizure of two supply boats from the Jerseys elicited a strong protest from General Lee,^" but Congress replied that if intercourse were cut off, the city 's supplies, which were secured from the Jerseys in the winter months, would be confiscated and sent to Boston.^^^ Towards the end of February a servant of Tryon 's, who customarily came on shore with linen to be washed, was locked up in the guard house,'-* port boats were fired on by the troops,' ^^ and once more Lee ordered all intercourse cut off.^^' Sears was reported to have damned the Congress ; Waterbury asserted that the united colonies ought to crush New York.'" New committees were ap- "»/M«., 1100. '"'Jryon to Dartmouth, February 8, 1776; New York Col. Doc., 8: 666 "' k Am. Arch., 4: 1106, 1107, 1109', 1112, 1116, 1121. "•The charge was quite true. 2Tew York Ool. Doc, 8: 647. But the Com- mittee of Congress could not find that the Governor had any hand In it i Am Aroh., B: 274. ""^ Am. Arch., 5: 272. ^■^ lUa., 270, 281. "'IMd., 283. "» ma. ^■" lUa., 326. ™ ma. '" lUa., 332. "■•Ibia., 328. [248] THE SECOND PROVINCIAL CONGRESS: LOYALIST REACTION 249 pointed to inquire into all these matters,^^* and a resolution of protest was passed against an order to impose a test upon sus- pected loyalists. ^^^ The choleric general was driven frantic by what seemed to him a gratuitous solicitude for the enemy's com- fort,"" and he replied that, having been sent to New York to prepare for defense, he could no longer permit intercourse with the enemy's ships nor suffer notorious loyalists at large within the colony .^^^ The withdrawal of Lee for the Canada expedition^^^ post- poned the breach for another month. March 8, Lord Sterling, who succeeded to Lee's position, agreed to a plan for supplying the royal ships under more careful restrictions, and on the dis- tinct understanding that the city's supplies should be unmoles- ted.'^^ The mails were also continued, all letters being ex- amined by a committee of Congress.^^* Friction between the congress and the army consequently largely disappeared during the month of March; and meanwhile conditions were bringing Congress to take a less inflexible attitude: the defenses of the city were strengthened, and new troops were arriving ;^^' the approach of Spriug freed the city somewhat from dependence upon the Jerseys for supplies ;^^'' the royal ships, it was asserted, failed to observe the compaet.^^' Even these considerations would hardly have induced Congress to take the bold course; but when, about the middle of April, General "Washington com- municated one of those polite but scathing letters which he so well knew how to compose, the congressional policy of accommo^ dation came to an abrupt end : if we are at peace, said the general, why are the ports blockaded, property destroyed, citizens made captive; if we are at war, "my imagination is not fertile enough "'Ibid., 75, 334, 342, 1392. In the matter of the test, the Continental Con- gress supported the Provincial Congress. Ford, Journals^ 4: 195. "° Of. characteristic letter to General Washington : i Am. Arch., 4: 1539. "^IWa,., Bi 344, B47. '^md., 344. ^^lUd., 348. 354, 355. The plan was sent to Tryon. ■»/6«., 1380. ^^'lUd., 4: 1121, 1122, 1123; 6: 381. ^"lUd.. 6: 1451. "'Ibid., 1424, 1451. [249] 250 BECKEE NEW YORK PARTIES, 1760-1776 to suggest a reason in support of the intercourse."^^* On the following day Congress ordered all intercourse with the royal ships to cease absolutely ;^^' the fleet dropped below the Nar- rows;^*" and some seamen who landed on Staten Island for water were fired upon by a squad of Lord Sterling's men.^*^ The council, which had been summoned to meet on the Duchess of Gordon on the 17th of April to prorogue the as- sembly, was refused permission, and the assembly was thereby dis- solved, — a strong evidence, wrote Tryon, of the slight attention paid "even toward preserving the form of a legal and constitu- tional representation of the people. "^''' The time for preserving useless forms had in fact passed, and the open breach with the royal ships may serve to mark, as well as any event, the point from which compromise and aceommoda- dation ceased to be the central policy of the Provincial Congress. The way was now open (which meant, with such conservative politicians as Jay and Duane, that all other ways were closed) for a more open recognition, on the part of Congress, of its revolutionary character, for more directly repressive measures against all irreconcilables, for open ports, and for independence. This change of attitude in America was accompained by a sim- ilar change on the part of the British Government. November 20, 1775, Lord North brought in the bill repealing the restrain- ing acts of the preceding session, laying new restraints on the trade of all the colonies, and authorizing the king to appoint commissioners."^ Former measures, said the minister, were "civil corrections against civil crimes;" the time had now come for the prosecution of war as against any foreign enemy .^** The commissioners could hardly expect to succeed where North's Resolution had failed. Burke's magnificent plea fell on deaf ™ Writings of Washington, 4: 21. I, Am. Arch., 5: 1451. ■"^ Am. Arch., .">: 1451. This was a mere form, as Washington had already ordered all intercourse to cease. JM*., 796. '«°JVeic York Col. Doc., S: CTB. "'I6M., 675. "■'IMO.., 676. Cf. I, Am. Arch., 5: 1434. ''^Parl. Hist., IS: 992, 1065. New York Col. Doc, 8: 64S. ^*^ Pari. Hist., IS: 993. [250] THE SECOND PROVINCIAL CONGRESS: LOYALIST REACTION 251 ears; old arguments were discarded; a new note was sounded: in both England and America conciliation had failed.^*'* This change, so far as Congress was concerned, was slow enough ; much slower than the fixing of any particular date may, perhaps, seem to indicate, and certainly much slower than the radicals within the colony could have wished. The Continental Congress had already, March 14, recommended the disarming of "all who have not associated, and refuse to associate, to defend by arms these united colonies."^*" After careful deliberation, the Provincial Congress passed this resolution on to the' county and district committees, with the additional instruction to "use all possible prudence and moderation. ' ''^" Long Island was still, ia spite of the measures of February, the chief center of danger, and in March and April the recommendations of Congress were in part carried out in that region.^*' From the other counties the Committee of Safety had heard nothing by April 24, and a second circular letter was dispatched instructing the committees to execute fully the recommendations of the Continental Con- gress.'^*^ The non-intercourse policy had for some months been modified by resolutions looking towards open ports ;^'^'' and the possibility of a congressional tax was broached.^'^ The senti- ment for independence had been steadily strengthened, espe- cially since the publication of Common Sense in January,^^^ and '*= Cf. comment in Annual Register, 1776, p. 139-140, on the debates in March, 1776. ""Ford, Journals, 4: 205. i Am. Arch., 5: 1385. "M Am. Arch., 5: 1409, 1410. ••" March 14, a committee reported in favor of proceeding against Long Island tories. Mere disarming was, in their opinion, insufficient, as the tories could be supplied by the ships ; It was therefore suggested that children be taken as hostages, nid., 215. Cf. ibid., 370, 405, 450, 766, 926. ^"Ilid., 1642. «« By authority of the Continental Congress, a limited exportation for securing the munitions of war had been going on. lUdi., 4: 424, 1061, 1091; 5: 360. "' A tax had been broached in the first Provincial Congress. In December. 1775, Jay wrote to MacDouga'l : "It appears to be prudent that you should begin to impose light taxes, rather with a view to precedent than profit." Jay fapers, 1: 40. Cf. also Jay to MacDougall, April 27, 1770; 1, Am. Arch., 5; 1092. In March there was a proposal to permit Albany and Tryon counties to collect an old excise duty. Ibid., 369. It was, however, voted down, as the levy of taxes, would be "very inconvenient at this time." IMd., 373. "=/, Am. Arch., 4: 1496; 5: 211, 758. [251] 252 BECKEK ^NEW TOBK PARTIES, 1760-1776 Congress practically sanctioned the forcible suppression of those who spoke against it — the destruction of Loudon's pamphlets being precisely a case in point/'^^ The second congress, nevertheless, most carefully refrained from mentioning the word independence. Even in calling an election for a new congress, the question was not in any way referred to the electors. This may have been because the recom- mendations for the election were made nearly a month before the final breach with the king's ships; at that time there was in any ease so far from being any question of independence that the proposal to exclude non-associators from the suffrage was voted down by a vote of 23-2.^^* It was resolved, however, that as non-associators were to be permitted to vote, "the election should not be made by ballot. "^^^ No complete record of the provisions for this election has been preserved,^^^ but indirectly it may be inferred that the suffrage was given to freemen, free- holders, and persons possessed of property valued at 40£.^^^ The Committee of Safety sat till May 8, and the second congress, hastily summoned, from that day till May 14, which was the end of its term. '™ An answer to Common Sense was handed to Loudon to be printed, and it was advertised in the newspapers. February 18, loudon was ordered to attend the Mechanics Committee. Unable or unwilling to give the name of the author, he was threatened with the destruction of the pamphlets. The committee refused to refer the matter to the Committee of Safety, and the following evening the New York committee advised Loudon not to print the pamphlet, as his safety depended on it. He promised to comply, hut the same evening Duyehinck, chairman of the Mechanics Committee, Scott, Sears, Lamb, and others, entered Loudon's home and destroyed the pamphlets. March 20, Loudon presented his case on oath to the Committee of Safety; and April 13, a second memorial was presented, but it does not appear that any reply or expression of opinion was made by the committee. Jones, History of New York, 1: 63-65. 4 Am. Arch., 6: 438, 439, 1389, 1441, 1442. The matter was presented once more to the third Congress May 30, but it was postponed Indefinitely. Ibid., «i 1348, 13&3, 1393. "• i Am. Arch., 6: 364, 365. '•"rua., 365. "•March 11, the rules were amended, and referred for further consideration "tomorrow." There is no record of further proceedings, however. In the Journal* as printed by Force. Cf. Dawson, Westchester County, 160, 161. '«' The election for the fourth Provincial Congress was directed to be held In the "manner and form prescribed for the election of the present Congress." t. e., the third. 4 Am. Arch., 6: 1352. In accordance with thes'e directions, the New York Committee called an election by the freemen, freeholders, and all other inhabitants "possessed of goods and chattels in their own right to the amount of 40£." J Ma., 744. [252] INDEPENDENCE AND THE NEW STATE GOVERNMENT 253 CHAPTER XI INDEPENDENCE AND THE NEW STATE GOVERNMENT When the elections for the third Congress came on in April, 1776, the radicals, under the lead of John Adams, were be- ginning to see their way clear to the declaration of indepen- dence.^ For many months they had pushed forward to this object. But the contest had hitherto centered mainly in other measures upon which the main point depended : on the one hand, non-intercourse and the possibility of conciliation; on the other, open ports and the foreign alliance. At last, however, concilia- tion was becoming a vain hope,^ and non-intercourse had proved a failure: April 6, the ports of America were opened to the world,' and independence was a foregone conclusion. Throughout the colonies, and nowhere more than in New York, the practical consideration which worked most powerfully for » Works of John Adams, 3: 36, 45. Smyth, Writings of Benjamin FroMhlin, «: 446. If Am. Arch., 5; 794. As early as February 13, 1776^ an address drawn by Wilson, disavowing the desire for Independence, was tabled by Con- gress. Ford, Journals, 4: 134. ' Such hopes as still existed depended largely on the commissioners. But the feeling was strong that they would not eoine at all, or, coming, would not offer any terms that could be accepted. Cf. i Am. Aroh,. 5: 188, 757, 758, 993. Uist. MSS. Com., 9: Pt. 3, p. 83, 84. Franklin speaks of the "vain hope of conciliation." Franklin to Qulncy, April 15, 1776 ; Smyth, Writings of Benjamin FranlcUn, 6: 446. The commissioners had not been appointed, in fact, by the end of April. Hist. MSS. Com., 9: Pt. 3, p. 84. January 9, 1776, the New York Committee of Safety published the Petition of the Continental Congress to counteract the assertion that "Congress have made no approaches towards an accommodation with Great Britain." i Am. Arch.. 4: 606. April 4, 1776, a plan of conciliation was published at New York. Ibid.. B: 785. 'Ford, Journals, 4: 257. The question was raised January 17, 1776, and during March was discussed at length, IMd., 621. 213. 2'29, 256. Adams says It was opposed because it was a step in the direction of independence. Works of John Adams, 3: 29. [253] 254 BECKER NEW YORK PARTIES, 1760-1776 independence was the failure of the non-intercourse policy. The non-importation measure injured America more than it in- jured England. During the year 1775, English imports into the colonies fell from 2,687,000£ to 213,000£, or, excluding Georgia, to 100,000£* Exports had naturaUy increased very greatly ,= but the non-exportation, which became effective in September, 1775, had already closed that source of trade as well. So drastic a self-denying ordinance could not long be en- forced: it was, confessed in Congress that it would put American virtue to "too severe a test."" "People will feel, and will say, that Congress oppresses them more than Parliament."' Besides, the measure was not accomplishing the thing for which it was intended. So far from bringing England to terms, the govern- ment promptly passed the acts restrainiug the trade of the New England and the southern colonies,^ and when Congress recom- mended the exempted colonies not to take advantage of the ex- emption,° a new restraining act was passed affecting the trade of all the colonies alike.^° A coercive policy against Great Britain which was promptly seconded by a law of Parliament, could scarcely be regarded as successful. Throughout the win- ter of 1776, therefore, pamphleteers in New Tork and elsewhere were advocating independence as the best remedy for ruined eommerce.^^ < McPherson, Annals of Commerce, 3: 564, 585. "New York exports to England advanced from 80,008 £ to 187,018 £. IMd. The total exports from the colonies to England advanced from 1,373,746 £ In 1774 to 1,920,950£ In 1775, dropping In the next year to 103,964£. Ibid., 564, 585, 599. » Worlcs of John Adams, 2: 457. ■> Tbld., 453. For the opinion of Jay, cf. fbld., ill. « 15 Oeorge III., ch. 10. 'Ford, JoitrjtoBs, 3: 314. The question of modifying the exportation policy was settled by a resolution not to export anything tiefore March, 1776, without permission, except in accordance with the resolution for the Importation of mlltary supplies. Tbia., 280, 314. '» 16 Oeorge III., ch. 5. 2few York Col. Doc, 8t .668. ";, Am. Arcn., 4: 1496, 1522; 5: 96, 914, 211. The great influence of Com- mon Sense was due to its timeliness rather than to its inherent merit. The economic distress In New York was such as to lead people to lend a ready ear to any proposal which looked towards a revival of prosperity. Cf. i Am. Arch., 4! 270, 1479; 6: 627. New York Col. Doc, 8: 666. MercanUU lAbrarV Papers, 84. Letters of Paplnian, 62. [254] INDEPENDENCE AND THE NEW STATE GOVERNMENT 255 It is true that a clandestine trade, partly sanctioned by Con- gress for securing munitions of war, was being carried on ;^^ and the extension of such trade did not necessarily involve indepen- dence. But there were other advantages to be gained by an open foreign alliance, the chief of which were money and troops. Money and troops the revolutionists were particularly in need of precisely because their extra-legal governments were not strongly enough grounded to raise money by taxation or troops by conscription. Such, at least, was strikingly the ease in New York. Neither the first nor the second congress would con- sider the possibility of laying even "light taxes rather with a view to precedent than profit."'^ Paper money and vain laws for regulating prices must needs suffice.^* Military service was likewise voluntary ;^^ and local jealousy and secret disaffection deprived the militia of much of the value it might otherwise have had.^'' If, therefore, the foreign alliance would bring troops and money from abroad, independence and the establishment of new governments would, it was hoped, prepare the way for con- fiscation and conscription.^' ^'^ ITord, Journals, 4: 280, 314. Ammunition was secured during 1775 from France, Holland, and even England. Cal. Home Office Pap., 1773-1775, Nos. 717, 732, 782, 793, 1074, 1093. Hist. MSS. Com., 14: Pt. 10, p. 366. Neno York Col. JJoe., 8: 434, 509, 510, 528. "Jay to MacDougall, Decemter 23, 1775; Jay Papers, 1: 40. Cf, the reply to MacDougall's answer to this letter, April 22, 1778; J, Am. Arch., 5: 1092. " ".} Am. Arch., 3: 1626; 4: 355, 392, 397, 419, 422, 1025; 5: 324. 301, 362, 466. Ford, Journals, S: 452. New York Mercury, March 11, 18, 1776. April 20. the Continental Congress ordered that the power of committees to regulate the price of goods should cease, save in the case of tea. Ford, Journals, 4: 340. The attempt to keep the price of tea at 6 sh. was evaded constantly In New Tork. A favorite device was to charge 6 sh. for the tea, and 2 sh. for the paper Bags or the string. Jour, of the Prov. Cong., 2: 144. I, Am. Arch., 6: 435, 568, 638, 725. It was found necessary to appoint a committee of Con- gress to investigate. IMS., 1346. i»4 Am. Arch., 4; 431, 1081; 5: 275, 278, 280. ^'Tbid., 4: 1474, 1480; 5: 137, 138, 291. B Am. Arch., 1: 355. " "But there is another matter, which I would not choose to make puhlic, and that is you cannot command the militia throughout the county. Your government is not firmly enough estahlished for the people to yield a willing obedience, and I think it dangerous at this critical time to put it to the test." F5ghert Benson to the Representatives of Dutchess County, July 15, 1776 ; 5 Am. Arch., 1: 355. Independence was urged for its effect on the finances. i Am. Arch., 4! 470. There was strong pressure from the debtor class to abolish debts, especially where the creditors were loyalists. New Tork Col. Doc, 8; [255] 256 BECKER NEW YORK PARTIES, 1760-1776 The elections for the third congress were thus held under very different circumstances than those which prevailed in No- vember, 1775. While the question of independence was not specifically referred to the electors, it was well understood that the third congress would have to consider it. The loyalists, al- though far from being suppressed, had been driven, as it were, from the arena of politics into the arena of war: while more than ever a danger to the revolutionists as conspirators and armed foes, they had ceased largely to be a danger at the polls. Henceforth, accordingly, the .question of political parties, strictly speaking, centers in the divisions which appear in thfe ranks of the revolutionists themselves. The striking feature of the elec- tions in April, 1776, therefore, is the reappearance of earlier party distinctions : on the one hand, the conservatives, led by the continental delegates and the city committee; on the other, the radicals, intrenched in the Mechanics' committee, and backed by the moral influence of the army. Whether independence should be hastened or delayed, whether it should be declared through the continental delegates or by the people directly through their Provincial Congress, whether the new state gov- ernment should be broadly democratic or reasonably "oligar- chic," — these were the issues which occupied the field when the failure of conciliation had once driven loyalists and revolution- ists into hostile military camps ; and in these issues may already be discerned the larger questions that created the federalist and republican parties of the early Republic. It was in the city election that the reappearance of conserva- tive and radical factional divisions is most clearly observable. The old Mechanics' committee, representing the more democratic views, was opposed to the appointment of the continental dele- gates by the Provincial Congress,^^ seeing in this procedure an indication of that "oligarchical" tendency which was so much R32. "No one thins made Independence indispensably necessary more than cutting off Traitors." Major Hawley to Elbridge Jen-y, .July 17 1776- S Am. Arch., 1: 403. Of. Work^ of John Adams, 2: 420. Letters of Papinian ii'Z. Jour, of Prov. Cong., 2: 204. '« Committee of Mechanics to the Committee of Inspection, April 1. 1770 Veio TorJe Mercury, April 8, 1779. [256] INDEPENDENCE AND THE NEW STATE GOVERNMENT 257 feared later in connection with, the formation of a new govern- ment.^' The conservatives were interested in keeping the di- rection of affairs in the hands of well-tried men like Jay, Duane, and the Livingstons. They were, therefore, not only in favor of having the Provincial Congress appoint the continental dele- gates, but, inasmuch as the third Provincial Congress would un- doubtedly consider the important question of independence, they wished to have these same men in that body also.^" April 13, three days before the election, the city committee accordingly published a list of deputies, headed by the continental del- egates, Jay, Livingston, Lewis, and Alsop, who were recom- mended as persons "worthy to serve in the ensuing Provincial Congress." Besides these four men the committee's ticket con- tained only three men who were not members of the old eon- gress.^^ The same day a broadside, published over the name of Sentinel, presented a ticket similar to that of the city committee, save that for Jay, Livingston, Alsop, Lewis, Broome, P. Van Zandt, and ALmer were substituted MacDougaU, R. Ray, J. Ray, A. P. Lott, Th. Marston, Adrian Rutgers, and Henry Remsen. The electors were urged to "trust not men who are only re- markable for their noise and bustle ; but seek for men of sound judgment . . . who really know the science of political gov- ernment."^^ April 16, the Mechanics' committee presented a third ticket in which there were substituted for Jay, Livingston, Alsop, Lewis, Sands, and Randall of the committee's list, the names of R. Ray, A. P. Lott, "Wm. Malcolm, Sears, Adrian Rutgers, and Henry Remsen.^' Finally, a fourth ticket, un- " Cf. Mechanics in Union to the Provincial Congress, June 14, 1776 ; | Am Arch., 6: 895. ™Thls was quite possible as it had been ordered by the Provincial Congress that only five of the delegates should remain at Philadelphia and that of these three should be a quoroum. Ford, Journals. 4: 14. Cf. i Am. Arch., 3: 1756. -' Committee Cbambei-. Npw York, April 1-3. 1776 ; Broadeides , 1. The Com- mittee's ticket was as follows ; those In italics were not members of the Second Congress. John Ja/y. PMUp Livingston, John Alsop, Framms Lewis, J. Van Zandt, Comfort Sands, Isaac Stoutenberg, William Denning, Jos. Hallett, Abr. Brasher, J. Van Cortlandt, J. M. Scott, Jas. Beekman, Anthony Rutgers, Evert Bancker, Th. Randall, I. Roosevelt, J. Broome, Samuel Prince, P. P. Yam, Zandt, Jas. Alner. ^ The Sentinel, April 13, 1776 ; Broadtidet, 1. ""The Mechanics In Union, etc., April 16, 1776; Broadside, 1. 17 [ssr] 258 BECKER — NEW YORK PARTIES, 1760-1776 signed and undated, presented a list identical with that of the committee, save that Alner was replaced by Duane.^* While the contest was not acrim.onious, it is clear that the radicals wished to exclude the continental delegates from the Provincial Congress, and to elect in their stead less conservative men like Sears, Lott, and Wm. Malcolm."' The conservatives were suc- cessful in the main point ; with the exception of Samuel Prince and J. Alner, who were defeated by Duane and Remsen,^^ the entire conservative ticket was elected. In the other counties the elections were in most cases uncon- tested. They were very generally held in strict conformity to the regulations laid down by the second congres.,,. Before the end of April thirteen counties including New York had elected one hundred and one deputies; Gloucester alone was unrepre- sented. Much greater uniformity prevailed than hitherto. The elections were called ordinarily by the county committe'es, and were held in most cases in the districts. The polls were re- turned by the district committee to the county committee, which declared the result and fixed the quorum. So far as the records show, there were no contests in the counties of Albany,-** Cum- berland,"" Dutchess,''" Kin^s,'" Orange,"" Queens,^-' Richmond, '^^ =• Broadsides, 1. Duane was not put on the committee's ticket, probably because ii was thought best to leave one ot the city delegates at rbiladelpliia. Tbis is borne out by the fact tnat, though electF-d to the Provincial Congress, be attended but once or twice. •^ MacDougall was on the ^sentinel ticket but not on the Mechanics' ticket. He apparently expected to be elected, and .lay expected that he would he. His failure was prohab'y due to the fact that he held a military command. .Tay to MacDougall, April 27, 1770; Jiii/ Pnpers. 1: 57. MacDougall had learn'ed modfratiou s'nce 1770 when he was the "Wilkes ot America," and he was now more intimate with .Tay and Duane than with Sears and Lamb. 2» i Am. Arch,., 6: l.'ilO. =' GJ. ibid., 5: 364, 365. Dawson, Westchester County, 160, 161. =« Minutes of the Albany Committee, l! 397, 405, 408. k Am. Arch,., 6: 1310. '" 1, Am. Arch.. 6: 14flf). The delegates did not appear until .Tune 17, so that Cumberland was practically unrepresented in the third Congress. "Ihid., 1310, ■" lUd., T.ni. " lUd. " IWd., 1310, 1311. Thomas Hicks excused himself on account of ill-health, and Jno. Williams on the ground of ignorance of public business. IWd., 1352. r find a certain James Townsend attending, though there is no record of his election. He was a member of the fourth Congress. Cf. Onderdonck, Docw- [2581] INDEPENDENCE AND THE NEW STATE GOVERNMENT 259 Suffolk,^^ Tryon,'"' or Westchester.^' The deputies were given full powers, save that Goshen precinct in Orange County with- held the right of choosing delegates to the Continental Congress, and the deputies of Ulster County were instructed to vote for George Clinton.^* The return made by the Charlotte committee was protested by William Duer on the ground of irregularity and corruption,'^ but the protest was apparently ignored. Two sets of credentials were returned for the same deputies from Ulster. It appears that the deputies were chosen April 16, and credentials were prepared reserving to the people the right of electing a continental delegate; a second election was accord- ingly held May 13, when it was decided to instruct the deputies to vote for George Clinton, and a second set of credentials was prepared to that effect.*" The promptness and unanimity which distinguished the elections for the third congress from those for the second does not mean that oppos tion had ceased ; it means that the loyalists were withdrawing from the party contests, thus leaving the field to the revolutionists. It is probable, though the evidence does not permit a positive statement on this point, that the elections in the rural counties registered a conservative victory. Thirty-two of the deputies ments mid Letters of Queens County, 55. The loyalists of Queens were sufficiently overawed by the treatment of ITarch and Aipi'il to enable the Whigs to set up the committee system, at least nominally. Cf. New York Journal, May 2, 1776. Onderdonck, Documents and Letters of Queens County, 56. 3*.} Am. Arch., 6: 1311. Paul Micheau could not attend on account of illness. Ibia., 1340. "J bid., 1310. ^lUa., 1311. ^'' Ibid., 1310. Oal. Bist. MSB., 1: 632. Dawson, Westchester County, 161. " 4 Am. Arch., 6; 1811, 1313. =»The contest in Charlotte was due apparently to rivalry for possession of the county committee ; whether the division related in any way to the ques- tions of independence and new government, it is impossible to determine. Ibid.. 1100, 1191. '"Ibid., 898, 899. 1333, 1349. The only conflict seemed to be whether the delegate to the Continental Congress should be chosen by the people or by the Provincial Congress. .T. Hardenburgh, late chairman of the committee, observed that "the conduct of the gentlemen present on that day deprived me of my birth right to elect a person to represent me in Continental Congress by ballot." Ibid., 899. [259] 260 BECKER NEW YORK PARTIES, 1760-1776 to the last congress were dropped.*^ While three of these were loyalists,*^ there were .four loyalists among the new members,** so that there were more Walist members of the third than of the second congress.** It appears also that some prominent radicals of the second congress failed to be returned to the third — ^Mac- Dougall, A. P. Lott, E. Graham, being cases in point. Too much conservatism was no longer a danger in the revolutionist organi- zation ; it was a hasty and iU-considered radicalism that had to be guarded against. "The late election," wrote Duane,*" "suf- ficiently proves that those who assumed power to give laws even to the convention and committees were unsupported by the people. There seems therefore no reason why our colony should be too precipitate in changing the present mode of government." The difficulty of securing a quorum, which was so pronounced in the case of the second congress, was scarcely a problem for the third congress at all. After the 18th of May, there were few days on which a sufficient number of deputies did not ap- pear, and it was not found necessary to appoint a committee of safety during the entire session.** During forty-three meetings of the congress in May and June, the average number of coun- ties represented by one or more deputies was over ten. The county quorums were small, however, ranging from one to three, except in the case of New York where five were required. The attendance was accordingly small as regards numbers, the high- «The list Is as follows: Albany— P. Silvester, H. Oothoudt; Oumierland— Paul Spooner; Dutchess— P. Ten Broeek, B. Robinson, Cornelius Humphreys, Gilbert Livingston, J. Kalne, J. Everson, R. G. Ijivlngston ; Vew York— A. Rutgers, A. MacDougall, A. P. Lott, J. Flnlay, B. Helme, T. Smith, S. Prince, J. Ray; Orange— A. H. Hay, T. Cuyper, Jer. Clarke; Richmond— A. Baneker, R. Lawrence; Trpon—Wm. Wills; Ulster— D. Wynkoop, And. DeWitt, And. ]> Pefer, Th. Palmer; Westchester— S. Ward, Jos. Drake, R. Graham, J. Thomas. " B. Robinson, G. lylvlngston, R. Lawrence. «John Alsop, A. Cortelyou, l>ffert Leffertse, Rutgert Van Brunt. "There were at least eight altogether; besides the four new loyalist mem- bers, there were four old ones ; Jer, Remsen, Jos. Hallett, Th. Hicks, Selah Strong. "Jay Papers, li 61. Of. Dawson, Westchester County, 162. "May 14, there were 13 delegates from 8 counties. Most of the counties had no quorum. The members present took evidence relating to counterfeiting on Lonig Island. 4 Am. Arch.. 6: 1299, 1306. 1309. Measures were taken, directly the Congress organized, to secure a full attendance. Cf. iMd , I322' 1323, 1324. [260] INDEPENDENCE AND THE NEW STATE GOVEBNMENT 261 est being tliirty-seven, the lowest ten, and the average twenty- eight.^' The rules of voting were modified in such a way as to concentrate power in those counties which were mogt likely to be present. Hitherto the rule had given New York four votes, Albany three, and each of the other counties two. Henceforth the apportionment was: New York eight, Albany six, Dutchess five, Suffolk four, Ulster four, Westchester four. Queens four, Orange and Tryon three each, Kings, Richmond, Charlotte, and Cumberland two each, and Gloucester one.*' By the former arrangement, seven counties was the least that could carry any measure ; by the latter. New York and Albany, supported by any three of the counties of Dutchess, Suffolk, Ulster, Westchester, and Queens, made a majority. The relative iafluence of New York was increased from one-seventh to one-sixth of the total vote. An analysis of the attendance shows that the work of the congress was carried by a small part of the elected deputies. From Albany County, for example, seven of the twelve deputies never attended; the county was in fact represented by Cuyler, Grlenn, J. Ten Broeck, Van Rensselaer, and Gansevort. Some of the absentees were in the army or at Philadelphia, as for example, Abr. Ten Broeck and R. R. Livingston. Three of the deputies from Dutchess never attended, two were present but three times, the county being virtually represented by P. Schenek, J. Liv- ingston, M. Graham, and De LaveTgne. Queens County was fre- quently without a quormn, and would have been so much oftener had it not been for Blackwell and Lawrence. The New York deputies all attended more or less, but the brunt of the work fell upon Bancker, Remsen, Stoutenberg, HaUett, Scott, Sands, P. P. Van Zandt, Kandall, Broome, Jay, and P. Livington.** The third congress was occupied with two main problems: (1) .the suppression of loyalist opposition: (2) the closely al- lied matters of independence and the new government. If the latter was the more important, the former was the more press- ing. The abandonment of the policy of accoiTimodation, the "Based on lists given In iWd., 1299-1444. "Ibid., 1312. "mn., 1299-1444. [261] 262 BECKER NEW YORK PARTIES, 1760-1776 suppression of all intercourse with the royal ships, and the re- sort to the continental army in dealing with Queens County, drove the loyalists more and more into forcible resistance, while the prospective arrival of General Howe emboldened them rather more than the actual presence of Washington 's army emboldened the revolutionists. After April, 1776, therefore, the contest be- tween loyalists and revolutionists ceased to center at the ■ polls . and in the press : for New York, civil war had begun in earnest. It is true that tentative steps towards suppressing irrecon- cilables had already been taken. As early as September, 1775, the Committee of Safety of the first congress had recommended the disarming of all non-assoeiators.^" But in October, the rec- ommendation was voted down by the congress itself,^^ although the Continental Congress had authorized such a measure.^- But in March, 1776, the resolution of the Continental Congress that all persons who refused to associate to ' ' defend by force of arms these United Colonies" be disarmed,^^ was passed on to the county committees with instructions to proceed with all possible prudence."'' All possible prudence was used, apparently, for by the end of April the order had scarcely been attended to at all.°" In fact, neither the first nor the second eongre'ss made any serious effort to deal with loyalist opposition in a systematic or effective fashion. The entire problem, consequently, confronted the third congress. The rumors of plots and counter-plots, in the midst of which the new congress assembled,^" left no room for delay. A com- ""yfi/a.j 3: 898. »■ IJjia., 1303. , '' Ford, Journals, 3: 280. "Ibia., 4: ao."). " 4 Am. Arch . 5: 1SS5. "• ms., 1642. A difficulty arose in respect to this association. The militia \nw exempted members from service outside the province, and many refused this association for fenr the.v would lose the advantage of the exemption. In June, D new ossoc'ation was formed to obviate the difficulty. Ihid.. 6: 1420. i*" The old Congress, vhich had been hastily summoned liy the committee of Safptv to meet May ]. finally met May R, and sat till :May 14. be'ufr occupied w'th loyalist conspiracies. IVul.. r<: 1491 fE. The members of the mew Con- gress who n-ei-p present from May 14 to May 18. were occupied with counter- feiting. Thirl.. >•,: 1200 ff. At the request of Washington, a "secret com- mittee" was appointed as soon as a quorum appeared, May 18, to confer with the general relative to conspiracies. Tbid., 1313. Cf. Jno. Varick to R. Varick, IMay 14, 1776; Mercantile Lihrary Papers. 91. [262] INDEPENDENCE AND THE NEW STATE GOVERNMENT 263 mittee on "intestine enemies," the record of whose appointment I have not found, rtported three days after the congress was organized. The report was debated at length, and With some slight modifications was adopted May 24.'^' A second committee was then appointed to "frame a laiv of this Congress in pur- suance of . that report."^' The resolutions, which were adopted June 5,^" while elaborate enough, reflect the weakness of a government which, claiming to be still seeking reconciliation, was in no position to demand allegiance or punish treason. The action of Congress was carefully jiistified by referring to the Continental recommendation of October 6, and the resolutions were substantially as follows :,(1) Whereas certain disaffected persons in the counties of Kings, Queens, New York, Richmond, and Westchester, are corresponding with the enemy and prepar- ing to join the army when it arrives. Resolved, (a) That the follo.wing persons,*'" who would probably not appear if sum- moned, be arrested and brought before a committee to be ap- pointed for that purpose; (b) That the following persons"^ be summoned, or, failing to appear, arrested. (2) The above men- tioned committee was directed to inquire whether the persons brought before it, (a) afforded aid to the British fleet, (b) dis- suaded any persons from associating for defense, (c) decried the value of continental money, (d) retarded in any way the con- gressional measures for the safety of the colony. (3) Such per- sons were, (a) if innocent to be discharged with certificates, (b) if gTiilty to be confined, or dismissed on parole or other security to their homes or to some prescribed district in a neighboring colony. (4) The committee was authorized to proceed against suspected persons not named in the resolutions in the same man- ner, and the county and district committees were given equal jurisdiction over suspected persons not known to the congress. "4 Am Arch.. ma., 1338. [S68] INDEPENDENCE AND THE NEW STATE GOVERNMENT 269 innovation is strongly exhibited in this recommendation. It must have surprised Governor Tryon to learn that he had volun- tarily abdicated, while he doubtless would have had another ex- planation for the dissolution of the assembly. While the report had not minimized the importance of the congress as a legally established government, it was not yet worded with sufficient care. It was accordingly turned over to Jay and Eemsen for final revision. The resolutions m their final form, which were adopted May 31, differ from the re- port mainly in respect to the final clause, which was made more elaborate and more ambiguous; more elaborate, inasmuch as the time and manner of the elections were more carefully de- fined; more ambiguous, inasmuch as the purpose of the elections was so worded as to make possible two oppo- site interpretations. "Either to authorize," so runs the cen- tral clause of this final resolution, "their present deputies, or others in the stead of their present deputies, or either of them, to take into consideration the necessity and propriety of insti- tuting such new government as . . . by . . . the Con- tinental Congress, is described and recommended; and if the majority of the counties, by their deputies in Provincial Con- gress, shall be of opinion that such new government ought to be . . . established, then to institute and establish such a government as they shall deem best . . to continue in force until a future peace with Great Britain . . ""^ Did this mean that if a majority of the counties instructed their deputies for the new government, the congress must immed- iately, on its meeting in July, proceed to form such a govern- ment, or did it mean that the whole question was to be decided by the deputies voting according to the ordinary rules? While the first interpretation might be drawn, the last was undoubtedly the one intended ; the new elections were intended to secure from the people a general authorization to the congress to proceed in the business when and in whatever manner seemed best. The resolutions were criticised — very gingerly, indeed, because op- position to Congress was easily identified with loyalism, — from '^ Broadsides, 1. i Am. Arch:, 6: 1351. Cf. Jay Papers, 1: 65. [269] 270 BECKER NEW YORK PARTIES, 1760-1776 both sides: the ilechanics ' committee, in a long and wordy ad- dress, discanted on the danger of " oligarchy, "^^ while extreme conservatives complained of the measure "as declaring an inde- pendency. ' '"^ The question of independence had, in fact, not been mentioned in Congress;^* and if the measures respecting the new govern- ment revealed the aristocratic leanings of the conservatives, their attitude towards independence certainly revealed a sufficient caution. Two days before the above resolutions were adopted, the Mechanics addressed a letter to Congress urging the pro- priety of instructing the continental delegates to "use their ut- most endeavors to cause these united colonies to become inde- pendent of Great Britain. '"'=' Whether or not this letter was "as unwelcome as a snowstorm in summer,""" the reply of Congress v/as cool enough ; it was also perfectly non-committal, and there- fore perfectly expressive of the conservative position. "We con- sider the Mechanics in Union as a voluntary association warmly attached to the cause of liberty. We flatter ourselves however, that neither the Association nor their committee will claim any authority whatever in the transactions of the present time. . . This congress is, at all times, ready and willing to attend to every request of their constituents. . . We are of opinion that the Continental Congress alone have that en- larged view of our political circumstances which will enable them to decide upon those measures which are necessary for the gen- eral welfare. . We are determined patiently to await and firmly to abide by whatever a majority of that august body shall think needful. We cannot, therefore, presume to instruct the delegates of this colony upon the momentous question to which your address refers, until we are informed that it is brought before the Continental Congress and the sense of this colony be required through this Congress."" The very next "i Am. Arch., 6: 895. »3 Cf. IMd. . S'ifi. "' itiid., r,:n. "ima., ei4. " nawson, Westchester County, 183. "i Am. Arch., 6: 1,3P2, 1363. Cf. ihid.. 72 [370] INDEPENDENCE AND THE NEW STATE GOVERNMENT 271 day a letter was received from Virginia, stating that the con- vention of that colony had, on the 15th of May, unanimously instructed her delegates to propose to the Continental Congress "to declare the United Colonies free and independent states.'"'* Virginia was, indeed, less patient than New York, and June 7, R. H. Lee introduced hiS famous resolutions.^" In the debate which followed,"" the New York delegates took little part. Jay and Duane were not present. Clinton spoke but little; "Floyd, Wisner, Lewis, and Alsop, though good men, never leave their chairs. "^"^ Far from feeling any inclination to speak, the delegates did not know, in fact, how to vote, some of them believing that their instructions bound them not to vote at all. June 8, an express was accordingly dispatched to the Provincial Congress for instructions.^"- Now that the "sense of this col- ony" was so soon required, the congress was apparently not rtady. as it had intimated to the Mechanics' committee that it would be, to "instruct the delegates," nor altogether to "abide by whatever a majority of that august body shall think needful." Taking refuge in the convenient excuse of want of authority, the congress exhibited a determination to keep as close' control of the question of independence as of the question of a new govern- ment. The Continental delegates were accordingly informed that they had no authority to vote on the question of independ- ence, nor could the Provincial Congress give them such authority, and, furthermore, since measures were already under way to learn the sentiments of the electors with respect to the new gov- ernment, it would be "inexpedient to require the sentiments of the people relative to . . . independence, lest it should create divisions, and have an unhappy influence on the other." Nevertheless, the delegates were assured, the earliest oppor- tunity would be taken to secure proper instructions on the ques- "HHa., 1304. '"Ford, Journals, 5: 425. "«md., 428. 4.33, 49], 504, 507. ""' RntlfClgp tn ,7ay. .Time 20, 1776; Jay' Papers, 1: 67, '"•'4 Am. Arch., 6: 1S91. [271] 272 BECKER NEW YOEK PARTIES, 1760-1776 tion of iadependenee.^"' Such a reply could have consoled the delegates but little, as it was obvious that the great question would come to a vote before any instructions could be secured from the electors, unless the opportunity of the present election was made use of for that purpose. Such was the situation at the end of June. Congressional measures for suppressing loyalist opposition were proving in- efficient; and both the great questions of new government and independence waited the good pleasure of Congress for a solu- tion, the good pleasure of Congress being altogether an unknown quantity. Washington was dissatisfied with the deliberation and mildness of Congress in the former matter,"* and John Adams was moved to a choleric outburst, mainly with respect to the latter. "What is the reason that New York is still asleep or dead in politics and war? Cannot the whole congregation of patriots and heroes belonging to the army, now in the proviace, inspire it with one generous sentiment? Are the people des- titute of reason or virtue ? Or what is the cause ? ' '"" The cause was simple: affairs in that province were directed by cautious and conservative politicians, who, in the face of an armed foe and surrounded by domestic enemies, were still determined to preserve the essential features of their ancient political system from what they conceived to be monarchical encroachments on the one hand, as well as from rash democratic experiments on the other. And this achievement, if it could be effected, they were determined should be formally declared by the colony and not by the United Colonies. How much weight the latter consideration had, it is impos- i"J6W., 814. Oal. But. M88., 1< 320. This letter Is not quite conslstoit with the resolutions of which It was supposed to be an expression. As b result of the debate on the letter from the delegates, Jay introduced a resolu- tion requesting the electors to invest their deputies with powers relative to Independence at the coming elections, i Am. Arch., 6: 1395. The resolution was adopted, but then it was immediately "agreed" not to publish the resolution until after the elections, met-., 1396. What meaning the resolution could have if not published before the election, It Is somewhat difficult to under- stand. I do not And that the resolution was ever published, except as a part of the Journals. ^"Cf. WHMtigs of Washington. 4: 130, 131. Ford, Journals, S: 441. i Am. Arch.. «: 790. 1436. "» John Adams to Wm. Tudor, June 24, 1776 ; Works of John Adams, 9t 411. [272] INDEPENDENCE AND THE NEW STATE GOVERNMENT 273 sible to say. Certainly there was no other sufficient reason at the close of June for refusing to authorize the delegates at Phil- adelphia to vote for independence. The new elections had been held in nearly every county, Richmond and Kings excepted, and there appeared no opposition to the establishment of a new government, or to the declaration of independence.^"" Both measures were in fact assured;^"' and the results of these elec- tions might easily have been communicated to the delegates in time to have enabled them to vote with the other colonies. But the third congress, having pre'pared the way, was not destined to take the final step. May 31, two days after the British fleet sailed into the outer harbor,^"* an adjournment was voted, to meet at "White Plains July 2}°^ On that very day independ- ence was voted at Philadelphia, and the New York delegates were writing again for instructions.^^" The third congress never met again, however, and when the delegates received their answer, it was only to learn that the fourth congress had itself declared independence. ^^^ With the election of deputies to the' fourth congress in June, »™The credentials are in 5 Am. Arcli., 1: 1385, 1386, 1387, 1392, 1393, 1402, 1411. 1457, 1506, 1524, 1525. Cf. also, Mimttea of the Anamy Committee, S: 440, 445, 457. i Am. ArcU., 6: 743, 996, 1014, 1056, 1352. 5 Am. Aran., 3i 268. Cal. Hist. M8S., li 422. Onderdonct, Documents and Letters of Queens County, 73. Livingston Papers, 1: 187. George CUnton MSS., 1: 95. The elections appear to have become rather the formal confirma- tion of candidates selected by the leaders in Congress, than the free choice by the people. May 29, Jay writes to R. R. Livingston "I shall Inform the members of Dutchess of your willingness to serve, and advise th'em to elect you." Jay Papers, 1: 65. June 11, he writes again: "I have settled matters with James Livingston, that if no other of the present members from Dutchess should resign he will In order to make room for you. I have written to Benson on the subject." Jay to R. R. Livingston, June 11, 1776 ; Livingston Papers, 1: 187. »'S Am. Arch., 1 : 14. ^•"Nmc York Col. Doc. 8: 681. WHtini/is of Washington, *: 200. /, Am. Arch., e: 1123, 1196, 1234. ™4 Am. Arch., 6: 1443. "Tbia.. 1212. "' The fourth Congress met July 9. and imm'ediatply "Resolved unanimously, that the reasons assicned by the Continental Congress for declaring the United Colonies free and indeppndent states, are cogent and conclusive, and we approve the same, and will, at the risk of our lives and fortunes, join with thP other colonies in supporting it." 5 Am. Arch., 1: 1391. The resolution was read in the Continental Congress, July 15, which was the first Intimation the delegates had of it. Cf. Alsop's letter of resignation, md., 368. 18 [3731 274 BECKEE 2SrEW YOEK PAETIES, 1760-1776 and the declaration of independence by that body July 9; 1776, the differentiation of parties into revolutionist and loyalist was as complete as it ever became. The elections were held appar- ently without opposition, the suffrage qualifications being the same as in the previous election."^ About one-third of the deputies were new men. None of them was a loyalist, and of the eight loyalist members of the third congress, none was re- tumed.^^^ The declaration of independence destroyed all hope of reconeilia,tion. Most men had already given up that idea long ago. Of those who held to it to the last, John Alsop was the most distinguished. Since the formation of the Committee of Fifty-One in May, 1774, he had been among the most active members of the extra-legal organization, though not one of the most influential. His attitude is clearly expressed in a letter to the Provincial Congress, July 16, tendering his resignation as a delegate in the Continental Congress. "As long as a door was left open for a reconciliation with Great Britain, upon honorable and just terms, I was ready and willing to render my country all the service in my power, and for which purpose I was . . . sent to this Congress; but as you have, I pre- sume, by that Declaration, closed the door of reconciliation, I must beg leave to resign my seat as a delegate.""* So com- pletely, for the individual, had the question ceased to be one of rights, so obviously had it become one of allegiance, that no one seemingly could longer miss the point. But the differentiation of loyalist and revolutionist had not yet been completed before the beginning of new party align- ments are to be observed within the ranks of the revolutionists themselves. Evidence of this has already been noted: the jeal- ousy exhibited by the se'cond congress of interference in the af- fairs of the colony by the army or by the continental committee ; '"^ Aw. Arch,, 6: 743. 996. l.'?52. 5 Am, Arch., 1: 1385-1387, 1392, 1393, 1402, 1411, 1457. 1506, 1524, 1525. Minutes of the Albany Committee, ii: HO, 445, 457. Cash Hist. MSS,. 1: 422, 480. Jay PoDers, 1: 65. Uvmgaton MSB., 1: 187. George Clinton MSS., 1: 95. "» Gilbert Livingston, who was a memljer of the second Congress, hut not of the third, was the one member of the fourth Congress, so far as I have found, who can he classed as a loyalist. ""5 Am. Arch.. 1: 368. [374] INDEPENDENCE AND THE NEW STATE GOVERNMENT 275 the apparent determination of the conservative leaders in the third congress that the declaration of independence should be made by the colony rather than by the Continental Congress; the fear of "oligarchy" exhibited by the Mechanics' committee in respect to the formation of the new government; the corre- sponding fear, on the part of men like Jay, of a government too weak at the top and too broadly democratic at the bottom. Thus early in the revolution, unquestionably, sore to be found the germs of those opposing tendencies which, after the war was over, were to separate staunch supporters of the revolution like Jay and Hamilton, from equally staunch supporters of the revolution like Clinton and MacDougall. These new align- ments were merely the revival, in a slightly different form, of the fundamental party divisions which had existed from the time of the stamp act. The fear of British oppression was trans- formed into the fear of oppression by the national government, while the demand of the unfranchised classes for recognition id the extra-legal machinery of the early revolution, was to find its ultimate answer only in the achievements of Jefferson and Jack- son. Here the history of revolutionary parties properly ends. The fourth congress succeeded, after considerable delay, in forming a new government. The delay, which has been charged to the conservatives, scarcely needs any explanation other than that Congress was fully occupied with the military situation. It was indeed prudent, especially after the Battle of Long Island in August, "first to endeavor to secure a state to govern before . . . . a form to govern it by. ' '"° Five counties and parts of two others were speedily occupied by the British: once in possession of "Westchester and Orange, wrote MacDougall, ' ' they wiU get a majority of the state and make a surrender of our rights. "^^' In order to preserve even a semblance of popularly sanctioned constitutional government, the congress paid the delegates of New York, Suffolk, and Queens counties to repre- sent those counties, although the great majority of the inhab- >"J6W.j 1541. ""IM(J., 3! 1123. [275] 276 BECKER NEW YORK PAETIBS, 1760-1776 itants of those counties had declared their loyalty to the British government. Even then a quorum could rarely be obtaiaed, and the congress dwindled into a committee of safety which only the wildest imagination could conceive to represent the state. Under these circumstances, one wonders that there could have been established any constitution at all, rather than that it should have been delayed for a few months. Of the rivalry between conservative and radical, which the question of the new government gave rise to, we hear but little. Under the stress of military invasion and loyalist conspiracy, all internal dis- sentions were largely hushed up. Yet, although the conserva- tives were successful in securing a government measurably cen- tralized and measurably aristocratic, we know that there was considerable pressure for a more democratic form. "Another turn of the winch," as Jay said, "would have cracked the cord."^^^ This rivalry, however, belongs more properly to the history of the Federalist and Anti-Federalist parties under the confederation. '" Pellew, Life of Jav, 7S. [276] BIBLIOGEAPHT 277 BIBLIOGRAPHY I. PRIMARY SOURCES A. TJNPKINTED 1. Chalmers Papers. Twenty-one folio volumes of manuscripts, collected by George Chalmers, are in the Lenox Library. Four of these volumes are entitled Papers Relating to New York M88. 1608-1792. They con- tain more particularly some valuable- letters from prominent men in New York to Monekton. The documents are arranged roughly in chronological order. 2. George QUnton Papers. The papers of George Clinton are contained in 47 large volumes in the State Library at Albany, New York. Volumes 1-16 contain material arranged chronologically covering the period from 1763-1783; volumes 17-23 cover the period 1783-1800; volumes 24-34 cover the period 1724-1844 ; volumes 35-47 contain private business pajpers. Volumes 1-23 are indexed and calendared ; volumes 24-47 are calendared only. These papers are valuable more particularly for the military history of the Revolution, and for state politics during the time that Clinton was governor, but I have found them of some use for the earlier period. 8. Golden Papers. The Colden papers are in the library of the New York Historical Society, and the most important letters for this period have been printed in the publications of the Society (See below, No. 106), in Force, and in the New York Colonial Documents. Five volumes of transcripts made from these letters for George Bancroft are In the Lenox Library, and make part of the Bancroft collection. The tran- scripts are mostly letters, chronologically arranged, from 1732-1775. 4. John.son Papers. The papers of Sir William Johnson are In 216 volumes in the State Library at Albany. Volumes 1-2|2 contain letters and papers arranged by dates mostly, and covering the period 1738-1774 ; volumes 23-25 contain papers falling within the period 1733-1775 ; volume 26 contains private businessi papers. The collection Is care- fully calendared and Indexed. These papers throw much light on the party intrigues and methods of political management for the period 1748-1770. 5. Lamb Papers. The papers of John Lamb consist of a few letters and documents enclosed in envelopes. The first is marked 176i5-6 ; It con- tains the corresipondenee of the Sw:iety of the Sons of lAberty In 1766, and also some papers relating to the events of the tea episode in 1773. A second packet marked 1774-5 contains a few letters for that period. A third packet is marked Papers of the Society of Federal Republicans to advocate State Rights, 1788-1789. Lambi and TilUnghalst Papers. Many of these papers have been printed in Leake, Life and Times of General John Lamb. (See below. No. 167.) They are of most import- ance for the foundation of the Society of the Sons of Liberty. [377] 278 BECKER — NEW YORK PAKTIEiS, 1760-1776 . 6. Livingston Papers. Two volumes of the transcripts made for George Ban- croft, and now in the Lenox Library. They contain some letters from R. R. LlTlngston, and other documents; useful for the period 1775- 1799. 7. Minutes of the Albany Committee. Minutes of the Prooeedmgs of the Committee for the City and County of AUcmtf^ iegun 24 Januwry, 177S. Two volumes covering the iperiod 1775-1778. Through most of the first volume every page is numbered; towards the close of volume I the scribe was satisfied with numbering every other page; In most of volume II there is no pagination at all. These minutes are In the State Library at Albany. 8. Minutes of the Committee of Fifty-One. The records of this committee are in the New York Historical Society Library. As they are printed in full in Force, I have used them in that form, (i Am. Arch., 1.) B. Feinted 1. NBWSPAPEES AND PERIODICALS 9. New York Gasfette, 1725-1744. William Bradford. Conservative paper. TaJjen over by James Parker and continued as 10. Weekly New York Post Boy, 1744-1746. Title changed to 11. Weekly New York Post Boy and New York Gazette revived in, the Weekly Post Boy, 1747. Title changed to 12. New York Gazette revived in the Weekly Post Boy, 1748-1752. in 1753 William Weyman becomes a partner and principal owner. Title changed to 13. New York Gazette, or, the Weekly Post Boy, 1753-1759. Partnership dissolved and the paper continued by Samuel Parker under title of 14. Parker's New York Gazette, or, the Weekly Post Boy, 1760-1762. Taken over by John Holt, and published with the title of 15. New York Gazette, or. The Weekly Post Boy, 1762-1706. Resumed by Parker and published under same title till 1770. Taken over \>f Samuel Inslee and Anthony Carr, and ipubllsh'ed till 1772. 16. Weyman's New York Gazette, 1759-1767. William Weyman. 17. New York Weekly Journal, 1733-1751. Established by John Peter Zenger. Radical organ of the popular party. 18. New York Journal, 1766-1776. Established by Holt after he retired from the New York Gazette. Holt evidently conside'red the Journal as a con- tinuation of the Cassette, for he began with number 1241, which was the number which the Gazette had reached. Snspended by the British occupation of New York. Resumed at Kingston, 1777. The most radi- cal antl-Brltlsh paper in the province. 19. New York Mercury, 1752-1768. Established by Hugh Galne. February 1, 1768. title changed to 20. New York Gazette and the Weekly Mercury. 1768-1783. With the British occupation of New York, removed for a few weeks to Newark, New Jersey. Gaine soon made his peace with the British and returned to New York. Excellent for news ; uncertain as to opinions. 21. New York Evening Post. Probably established in 1744 and discontinued about 1752. Henry rce Forest. Very Inferior. 22. New York Pacquet, July 11. 1763, Benjamin Mecom. Apparently a prospectus number. Nothing more Is known of It. Cf., however, Thomas, Kist. of Printing, 2: 115. [378] BIBLIOGRAPHY 279 23. The New Yorh Packet and the American Advertiser, 1776-1783. Samuel Loudon. During tlie British occupation of New York, printed at FishklU. Continued after the war at New York. 24. Bivington's New York Gazetteer; or the Connecticut, New Jersey, Hudson's River, and Queheo Weekly Advertiser. 1773-1775. Established by James Rivlngton. The best news sheet in New York, strongly loyalist. November 23, 1775, the presses were destroyed by armed men from Connecticut under the lead of Isaac Sears. Returning from England RlTlngton began his paper under the original title in October, 1777 ; but after two weeks changed the title to 25. Btvington's New York Loyal Gazette, October, 1777 — December, 1777. Title once more changed to 26. The Royal Gazette, 1777-1783. After the British Evacuation, Rivlngton attempted In vain to continue his paper under the title of 27. Rtlvington's New York Gazette and Universal Advertiser. 28. The Remembrancer, or Impartial Repository of PuiKo Events. Estab- lished in London in 1775, and edited by John Almon and George Pownall. The publication was suggested by "The late interesting ad- vices from America." Contains American news; strongly American in sympathy. 29. The Annual Register, or a View of the History, PoUttcs, and Ltiterature for the year nsk. London. Printed for J. Dodsley in Pall Mall, 1765. Published each year through this period. Contains, besides the ex- cellent summary of Parliamentary .proceedings, some news from Amer- ica. Cf. Bulletin of the New York Public Library, 5: 27 fE. Thomas, History of Pnnting, 1: 291, 295, 298, 299, 300, 302, 303, 307, 312. New York Gen. and Biog. Record, January, 1899,, p. 49. New York Col. Doc, S: 450, 508. Valentine, Manual (1868), 813. 2. BBOADSIDBS 30. Broadsides, etc.. Consisting of Addresses, Advertisements, Ballads, Hand- bills, Pasquinades, Proclamations, Patriotic songs, and other ephemeral Publications principally relating to America. 1700-18^. Chiefly col- leotei by John Pintard for the New York Historical Society. Ar- ranged under the direction of the Librarian. 1847. 2 volumes. 31. Lenox Broadsides. The Lenox Library broadsides have been summarized and printed in the Bulletin of the New York Public Library, 3: 23-33. They cover the period 1702-1779. Part of a collection made by Gerard Bancker. The broadside To the Freemen and Freeholders of the Oity and county of New York, March i, 1774 (p. 30), Is incorrectly dated. The date should be March 4, 1775. 3. PAMPHLETS 32. Address to the Freemen, Freeholders, and Inhabitants. 1774. 33. The Case of WilUam Atwood, Esq. . . Chief Justice of the Prov- ince of New York . ■ with a true account of the government and people of that Province, etc. London. Printed In the year MDCCIII. 34. Chandler, Thomas B. A Friendly Address to All Reasonable Amerioofiit on the Subject of our Political Confusions: in which the Necessary consequences of Violently Opposing the King's Troops and of a gen- [279] 280 BECKER — NEW YOKK PABTIES, 1760-1776 eral Non-Importation are fairly stated. New York; Printed: London: Reprinted . 1774. Ascribed also to Cooper. The original owner of the Lenox Library copy has written on the pamphlet: "By Dr. Chandler ot New York." The style is not likei that of Cooper's known pamphlets. Published between the middle of September and the middle of October, 1774. 07. p. 44. 35. The same, abridged. New York. 1774. 36. The strictures on the Friendly Address Examined and u. refutation, of its principles attempted. Address to the People of America. Phil- adelphia. 1775. 37. The Conduct of Cadwallader Golden. Relating to the Judges' Comr missions — Appeals to the King — and the Stamp Duty. New York, 1767. 38. Cooper, Myles. The American Querist: or Some Questions Proposed Bel- atii-e to the present Disputes lietween Great Britain and her Amer- ican Colonies. By a North American. The Tenth Edition. New York. Printed by James Rivington, 1774. Appeared after August 28 and before September 8. 39. The Case and Claim of the American Loyalists Impartially Stated and Considered. Printed by order of their Agents. London : MDCCLXXXIII. 40. Considerations upon the Rights of the Colonists to the privileges of British Su'bjecis, etc. New York. 1766. 41. Dickinson, John. Letters from a Farmer in Pennsylvania to the Inhab- itants of the British Colonies. New York. 1768. 42. Galloway, Joseiph. Historical and Politicaj Reflections on the Rise and Progress of the American Rebellion, etc. By the author of Letters to a Nobleman on the Conduct of the American war. London M.DCCLXXX. Written 'n great baste amidst a multitude of other engagements; published from the first draft *'in a manner uncorrected." (preface) 43. The Examination of Joseph GaUoivanf. Esq. hy u Committee of the House of Commons. Edited by Thomas Balch. Philadelphia. 18.">o. This E'xamination was conducted from five to fifteen years after the events upon which the questions were based, and the answers were given without reference to notes, nor had Galloway, we are led to suppose, refreshed his memory in anticipation of the examination. 44. A Candid Examination of the Mutual Claims of Great Britain and the Colonies: frith a plan of accommodation on Constitutional Prin- ciples. New York. 1775. 45. Hamilton. Alexander. Full Vindication of the Measures of Congress from the Calum^nies of their Enenuies : in Ansicer to a Letter under the signature of a Westchester Farmer. New York. 1774. 46. Full Vindication Supported; or the Farmer Refuted, etc., in Answer to a letter from A. W. Farmer entitled "A View of the Controversy between Great Britain and h.er Colonies," etc. New, York. 1774. 47. Importance of the Colonies of North America, and the interest of Great Britain with regard to them, considered. With remarks on the Stamp Duty. New York. 1770. Ascribed to Nicholas Ray by Thomas. Cf. Hist, of Printing, 3: 584. 48. IngUs, Charles. The True Interests of America Imparti County. Edited by Alexander Black. Brooklyn. 1894. 178. Pasco, W. W. Old New York. A Journal relating to the History and Antiquities of New York City. New York. 1890. 179. Ricker, James. The Annals of New Town »» Queens County, New York. New York. 1852. Based on printed and unprinted documents at Albany, Brooklyn, and New York. Valuable for genealogical sketches. 180. Roberts, Ellis H. Neto York. (American Commonwealth Series.) Bos- ton. 1887. 181. Ruttenber, E. M. History of the County of Orange: With u. History of the Town and City of Newiurg. Newburg. 1875. A careful work based on local records. 182. Ryerson, Egerton. The Loyalists of America and their Times from 1620 to 1S16. Toronto. 1880. 183. Sabine, Lorenzo. Biographical Sketches of Loyalists of the American Rev- olution, with an historical note. Boston. 1864. 184. Scharf, John Thomas. History of Westchester County, New York. etc. Philadelphia. 1886. Consists of a series of careful monographs. See above Nos. 151, 153. [388] BIBLIOGRAPHY 289 185. Schoonmaker, Marius. The History of Kingston, New York. New York. 1888. A careful work, based on local records and private papers. 186. Schuyler, George W. Colonial New York. Philip Schuyler and his Fam- ily. New York. 1885. An admirable genealogical study of the Schuyler family, and of other leading New York families. Historical introduction by the author. 187. Sedgwick, Theodore. A Memoir of the Life of William Livingston. New York. 1833. Based on correspondence in the possession of the Livingston family. Prejudiced, and contains inaccuracies. 188. Smith, Philip H. General History of Dutchess County from 1609 to i876. Published by the author. Pawling, New York. 1877. Of slight value. 189. Smith, Thomas E. V. Political Parties and their Places of Meeting in New York City. New York. 1893. 190. Sparks, .Tared. The Life of Qouverneur Morris, with selections from his Correspondence and MisoelUmeous Papers. Boston. 1832. Based on manuscripts at Morrisania and the State Archives. 191. Stiles, Henry R. A History of the City of Brooklyn, etc. Albany. 1863. A careful work, based on local records. 192. Stone, William L. The Life and Times of Sir William Johnson, Bojrt. Albany. 1865. Based on the Johnson Papers at Albany. See above. No. 4. 193. Thomas, Isaac. The History of Printing in America, with a Biography of Printers and am Account of Newspapers. Printed as Volumes V, and VI, of Transactions of the American Antiquarian Society. 194. Talcott, S. V. Genealogical Notes of New York and New England Fam- ilies. Albany. 1883. 195. Tuckerman, Bayard. Life of General Philip Schuyler: nsS-MOk. New York. 1903. Based on Schuyler's papers, on the Gates Papers, and on the Archives of the State Department at Washington. 196. Valentine, David T. History of the City of New York. New York. 1853. 197. Tyler, Moses Coit. The Literary History of the American Revolution 1763- 1783. New York and Loudon. 1897. 198. Van Schaack, Henry C. The Life of Peter Van Schaack. New York. 1842. Based on the papers of Van Schaack in possession of the author, not accessible elsewhere. Remarkably fair account of the most distinguished and probably the ablest of the New York loyalists. Particularly valuable because Van Schaack was actively identified with the extra- legal movement until after the outbreak of hostilities. 199. Villard, Oswald Garrison. The Early History of Wall Street: 165S-17S9. Half Moon Series. G. P. Putnam's Sons. 200. Weeden, William B. Economic and Social History of New England: ISSO- 17S9. Boston. 1890. 201. Weise, Arthur .Tames. The History of the City of Albany. Albany. 1884. 202. Wilson, .Tames Grant. The Memorial History of the City of New York. from its Earliest Settlement to the year 1892. Edited by James Grant Wilson. New York. 1892-1893. ,\ cooperativp history. Carefully done, but lacks bibliographical ap- paratus. 203. Winsor, Justin. Narrative and Critical History of America. Boston and New York. 1886-1889. Principally useful for bibliography. Of. 6: 68-112, 172-230. 19 [289] INDEX Abeel, Garret, 226. Abrahams, Anthony, 226. Accommodation, the principle of, car- ried to an extreme, 243 ; gradually given up, 250. Act of Indemnity, 53. Adams, John, visits the Sons of Lib- erty, 47 ; favors radical policy, 222 ; worlis for independence, 253 ; rails at New York Congress, 272. Address, to the People of Great Britain, 150; to the Inhabitants of Quebec, 151. Addresses of the First Continental Con- gress, Importance of the, overesti- mated, 150. Administration of the Colonies, 6. Admiralty Courts, extension of, 177. Alarm to the Legislature, An. Seabury's, 159. Albany Committee, (See Committee). Albany County, land grants in, 9 ; Sons of Liberty in, 46 ; in the Stamp Act period, 36 ; replj to New Tork letter, 137 ; elects delegates to the first Cont. Cong, but they do not attend, 140 ; authorizes the New York dele- gates to act, 140 ; adopts the associa tion of th» first Cont. Cong., 170 ; elects delegates to the Provincial Convention, 157 ; and to the first Prov. Cong., 203, 204 ; appoints a new committee, 204 ; elects delegates to Second Prov. Cong., 230; and to the third Prov. Cong., 258. Alexander, William, (see Sterling). Allegiance, issue of raised by first Cont. Cong., 142 ; and by the Association, 153 ; becomes central fact in history of parties from 1774-1776, 155, 184 ; raised in first Prov. Cong., 212; Is enforced by first Prov. Cong., 223. Allen, Andrew, on continental commit- tee sen't to New York, 247. Alliance with France, rumors of a treaty of, 222. Almon, John, on East India Company legislation of 1773, 99 ; his Anecdotes of Chatham, 99, 100. Alner, Joseph, defeated as candidate for third Prov. Cong., 257, 258. Alsop family, 10. Alsop, John, 38; on Committee of In- spection, 75 ; a friend oi Liberty tuid Trade, 87 ; on the Committee of Twenty-Five, 113 ; and the Commit- tee of Fifty-One, 114 ; and Deputy Chairman of that committee, 117 ; nominated for the first Cont. Cong., 122 ; first election Lidecisive, 131 ; elected to first Cont. Cong., 135 ; on Committee of Sixty, 168 ; delegate to Provincial Convention, 185, 186 ; and to second Cont. Cong., 192 ; on Com- mittee of One Hundred, 197 ; dele- gate to Assembly In 1776, 242 ; and to third Prov. Cong., 257, 258; chairman of Committee on Intestine Bnemias, 263 ; resigns from Cont. Cong. July 16, 1776, 274. American Querist, the, 159. Anthony, John, on Qommlttee of Sixty, 168. , Theophllus, on Committee of Fif- teen, 132 ; on Committee of Mechan- ics, 135 ; on Committee of Sixty, 168; and of One Hundred, 197. Apportionment In ine second ProT. Cong., 227. .\ppropriatron8, how made in the 18th Century, 6, 7. .Aristocracy, colonial, 8, 11, 12 ; cwi- trol of nominations by, 14 ; affected by frontier conditions, 16. Armenia, Dutchess County, chooses delegate to Provincial Convention, 189. [291] 292 INDEX Arms and Ammunition, how secured, 21Y, 251, 255. Army, British, punishment of enlist- ments in, 216. , continental, used to suppress loyalists, 244 ; chief obstacle to pol- icy ot accommodation, 245 ; disputes of, with second Prov. Cong., 247 ff ; supreme loyalists, 264, 265, and Navy, rules for, established by sec- ond Cent. Cong., 221. Asia royal ship, source of difiaculty, 218 ; provisioned by Prov. Cong., 225 ; fur- nishes arms to loyalists of Queen's County, 238. Asplnwall, .Tohn, of the Committee of Twenty-Plve, 113. Assembly of New York, relations of, with the governors, 5 tE ; not a pop- ular institution strictly, 16 ; effect of its opposition to governors on the unfranchised classes, 17 ; approves resolutions of Stamp Act Congress, 40 ; opposes Stamp Act riots, 40 ; compensates sufferers from riots, 53 ; passes provision bill, 1766, 54 ; con- duct of in 1767, 57 ; is dissolved, 1768, 59 ; opening address of, pleases governor, 63 ; change of attitude, De- cember, 1768, 64 ; Reasons for the change, 65 ff ; attitude towards cur- rency Act of Grenville, 70 ; radicals control, 74 ; significance of resolu- tions ot, in December, 1768, 74 ; Is dissolved, Jan. 1769, 74 ; attitude of new assembly, 77 ; passes currency bill and provision bills, 95, 96 ; ap- points committee of correspondence, 1774, 108 ; is said not to have au- thority to appoint continental dele- gates, 120 ; loyalists rely on, 161 ; becomes center of Interest in Jan- uary, 1775, and refuses to appoinv delegates to second Continental Con- gress, 174 ; conservative resolutions in, defeated, 176 ; disapproves of ex- tra-legal movement, but not able to Ignore it. 176, 177 ; petitions the English government, 177 ; English government pleased with, 178 ; pro- rogued, 199 ; petitions of, ignored by ' ■ English goverpment, 222 ; loyalists hope to make use of, in 1776, 239 ; attitude of second Prov. Cong, towards, 240 ; call for new election tor, 241 : elections for, held, 242 ; thirty deputies of, appear in New Yorlj, February, 1776, 242 ; final dis- solution of, 243, 250. Association, the, of 1765, formed by merchants, 30 ; enforced, 36. , — , of 1767, formed by Boston merchants, 58, 61. , — , of 1768, formed by New Torls merchants, 61 ; creates a monopoly, 62 ; revised in August, 63 ; wealmess of, revealed, 63 ; not certain when It began to be enforced, 75, 76 ; raises issue of smuggling vs. monopoly, 76 Assembly thanlfs merchants for, 77 lacls of specie helps to enforce, 79 modified in 1770, 83 fiC ; how far observed in New Tork, 84 ; and In Boston, 85 ; reasons for modification of, 85 ; New York merchants re- fuse to continue, 87 ; attitude of other colonies towards, 89 ; Sons of Liberty insist on maintaining, 89 ; measures taken to modify, 90 ; at- tempt to secure inter-colonlal agret- ment, 91 ; New York merchants per- sist in determination to modify, 92 ; and finally succeed, 93 ; Philadelphia and Boston follow the lead of New York in modifying, 93. , — , of 1770, terms of, 93; threatened by importation of tea by East In^ia Company, 103 ; non-con- sumption agreements will not secure the enforcement of, 104. of the Sons of Liberty, the, ot 1773, formed to prevent the landing of the tea, 105, 106 ; sent to other colonies, 107 ; vaguely worded to con- ciliate conservatives, 107 ; conserva- tive and radical Interpretation of, 107, 108 ; enforced in New York, 109. of the first Continental Congress, the, originates in Boston after tht Boston Port Act, 117 ; New York Committee's reply, 118, 119 ; radicals in New York in favor of, 123 ; be- comes the issue in election of dele^ gates to congress, 129-137 ; and the vital issue in the first Cont. Cong., 143-149 ; signed By those who op- posed it, 150 ; provisions of, 151 ; importance of, for party develop- ment, 152 ; loyalist interpretation ot, 159 ; supported by radicals, 161 ; ef- fect on smugglers, 162 ; disliked by merchants and farmers, 163 ; com [292] INDEX 293 mittees to enforce, 165 ; rigidly em- forced in New York by Committee of Sixty, 168, 169 ; attitude of rural counties on, 170 ; in Ulster and Dutchess counties, 171 ; in Queen's County, 172 ; in Westchester, Orange, Kings, Richmond, Charlotte, Cumber- land, and Gloucester counties, 173 ; attitude of the Assembly towards, 176 ; enforced by Committee of One Hundred, 200; and by first ProT. Cong., 216 ; economic effect of, 228 ; helps to bring on the Declaration of Independence, 229, 253 ; modification of, to secure arms, 251 ; failure of the policy expressed by, 254. the, of April 29, 1775, prepared by Jay, Duane, and Van Schaack, 196 ; purpose of, 197 ; offered to all inhabitants except Colden, 200 ; signers and non-signers, 197, 205, 215, 245 ; coercion not used at first, 213 ; signed by 100 members of first Prov. Cong., 215 ; enforced on non- signers, 216 ; question of disarming non-signers, 224 ; members of first Prov. Cong, who refused to sign not returned to second Prov. Cong., 233 ; non-signers not excluded from the polls, 252. . to defend the colonies by force of arms, the, 251 ; conflicts with the militia law, 262. Asycough, Captain, asked to protect Bast India Company tea, 105. Attendance, problem of, in the Com- mittee of One Hundred, 198 ; in the first Prov. Cong., 208 ; in the third Prov. Cong., 260, 261. (See Quorum). Authority, question of, in first Cont. Cong., 143, 144; in forming a new state government, 268. Avowdson, right of, 10. Bache, Theophylact, charter member of Chamber of Commerce, 60 ; on Committee of Inspection, 75 ; Friend of lAierty and Trade, 87 ; on the Committee of Twenty-Five, 113 ; and the Fifty-One, 114 ; motion of, to elect delegates to Cont. Cong., 121. Ballot, the, importance of the question of the use of, 119, 120 ; delegates to the first Cont. Cong, elected by, 134 ; not used in elections for second Prov. Cong., 227. (See Suffrage.) Bancker, Adrian, delegate to second Prov. Cong., 238 ; but not returned to the third Prov. Cong., 260. , Evert, on Committee of One Hun- dred, 198 ; delegate to second Prov. Cong., 232 ; and to the third, 257, 258. Bancroft, George, 115, 118. Bardin's Tavern, 86, 123, 162. Barker, James, 230. Barkly, Gilbert, advises Bast India Co. on American tea trade, 100, 103. Bartow, Theodosius, 190. Basset, Francis, on Comiaittee of Sixty, 168 ; and the One Hundred, 197. Battery, the, 224, 225. Bayard Estate, the, 9. Bayard, William, 27 ; on Committee of Fifty-One, 114. Baylie, Jacob, refuses the Association of April 29, 1775, 215. Bedford, Westchester County, 140. Bedlow, William, on Committee of One Hundred tn place of Folllott, 198. Beekman Estate, the, 9. , David, on the Committee of one Hundred, 198. , George, on Comfliittee of Twenty- Five, 113 ; and the Fifty-One, 114. , James, friend of Liberty and Trade, 87 ; on the Committee of One , Hundred, 198 ; delegate to nrst Prov. Cong., 206 ; an active member of the Congress, 209 ; delegate to third Prov. Cong., 257, 258. Benson, Robert, on Committee of Sixty, 168 ; and the One Hundred, 197. Berrien, John, on Committee of Sixty, 168 ; and the One Hundred, 197. Betrayed Inhabitants, to the, hand bill, 80 ; reward for author of, 81 ; Mac Dougall arrested as we author of, 81. Bibliography, 277. Bicker, Victor, on Committee of Sixty, 168. Billopp, Christopher, on Assembly Com- mittee on Grievances, 177. Blackburn, John, advises Bast India Co. on tea trade, 102. Blackwell, Jacob, delegate to Provincial Convention, 190, 191. Blake, Jonathan, Chairman Mechanics Committee, 120. Bleecher, Anthony L., on Committee of One Hundred, 226. [293] 294 INDEX , J. J., candidate for second Prov. Cong., 230. Board of Trade, 58. Boerum, Simon, on Assembly Commit- tee of Correspondence, 177 ; delegate to first Cont. Cong., 140; and to the second, 192. Bogart, Henry, on Albany Committee, opposes Provincial Convention, 188. , Nicholas, on committee of One Hundred, 198. Bolton and Sigel's Tavern, 60. Bombardment of New York, fear of af- fects conduct of first Prov. Cong., 225, 226. Bootb, Benjamin, on Committee of Fifty-One, 114. Boston, asks New York to adopt ab- solute non-intercourse, 117 ; eflEeet of events at, on first Cont. Cong., 145 ; merchants of, on association of 176S, 91. . Port Act, arrives at New 'fork May 12, 1774, 112. (See Coercive Acts.) Boycott. (See Association.) Brasher, Abram, on Committee of Fifty- One, 114 ; resigns, 127 ; on Mechan- ics Committee, 135 ; on the Sixty, 168 ; delegate to Provincial Conven- tion, 185, 186 ; on Committee of One Himdred, 197 ; delegate to first Prov. Cong., 206 ; active in Cong., 209 ; on Committee of Safety of first Prov. Cong., 211 ; and of the second, 234 ; delegate to third Prov. Cong., 257, 258. Brattle, James, servant of Duane, acts as spy for Tryon, 243. Breasted, Andrew, on Committee of One Hundred, 226. Brewster, Samuel, on Committee of Safety, second Prov. Cong., 234. Brinkerhoff, Abraham, on Assembly Committee on Grievances, 177,; on Committee of One Hundred, 198. British Plantations, goods from, ex- cluded by the Association, 152. ships, supplied by first Prov. Cong., 243. Brookhaven. elects delegates to first Prov. Cong., 205. Brooklyn, elects delegate to first Prov. Cong., 204. Broome, .lohu, on Committee of In- spection, 75 ; and of the Twenty-Five. 113 ; and of the Fifty-One, 114 ; re- signs from the Fifty-One, 127 ; on the Committee of One Hundred, 197; delegate to third Prov. Cong., 25'i, 258 ; on Committee on New Govern- ment, 268. , Samuel, on Committee of One Hundred, 198. Brower, Jeremiah, on Committee of One Hundred, 226. Browne, George, on the Committee of Twenty-Five, 113 ; and the Fifty- One, 114. Brush, Thomas, 46. , Crean, loyalist leader In Asi- sembly, 176, 177. Buchanan, Thomas, on the Committee of One Hundred, 198. Bull, Joseph, on Committee of Inspec- tion, 75 ; and on the Twenty-Five, 113 ; and the Fifty-One, 114 ; ano the Sixty, 168 ; and the One Hun- dred, 197. Burke, Edmund, opposes North's Resolu- tion, 220; plea' for conciliation, 250. Burling, Lancaster, on Committee of Sixty, 168 ; and the One Hundred, 197. Burnet, William, governor, 7. Business stagnation, 79. Byvant, Petrus, on Committee of One Hundred, 198. Campbell, Archibald, rarely attends first Prov. Cong., 209 ; refuses to sign the Association, 215. Caucuses, street comer, 130. Certificates, required of strangers, 244 ; given to innocent persons, 263, 264. Chamber of Commerce, founded 1768, 60 ; reasons for founding the, 71. Chambers, Captain, of the ship London, brings tea to New York, 109 ; his tea is destroyed, 110. Chandler, Thomas B., an Episcopal clergyman, 158 ; probable author of A Friendly Address, 159. Chatham, Williafn Pitt, Earl of, 54, 55. Charlotte, Dutchess County, refuses to send delegates to Provincial Conven- tion, 189. Charlotte County, no action in, on Pro- vincial Convention, 191 ; elects dele- gates to first Prov. Cong., 205 : who appear May 24, 208 ; signers of the Association in, 215 ; Is urged to send [294] INDEX 295 delegates to secona Prov. Cong., 234 ; but talis to do so, 238 ; elects dele- gates to third Prov. Cong., 259. Citizens, voluntary companies of, help enforce the association, 200. City Hall, the, stamps deposited in, 34. Civil War, begins in New Tork, 262. Clarke, George, governor, T. Clarke, Jeremiah, on Committee of Safety of second Prov. Cong., 234 ; not returned to third Prov. Cong.. 260. Clarkson, David, on Committee of One Hundred, 198 ; delegate to first Prov. Cong., 206 ; gives security for money advanced to congress, 217. Clergy, the, oppose lawyers, 60 ; give clear presentation of loyalist posi- tion, 158 ; hope for conciliation from Cont. Cong. 159. Clinton, Charles, refuses the Associa- tion, 215 ; not returned to second Prov. Cong., 233. , George, Governor, 7, 12. . , of Ulster County, Member of AssemBly, 177 ; delegate to sec- ond Cont. Cong., 192 ; candidate a second time, 259. , Sir Henry, in New York harbor, 248. Clapper, Cornelius, on Committee of One Hundred, 198 ; delegate to sec- ond Prov. Cong., 232 ; but does not attend, 232. , Peter, on Committee of One Hun- dred, 226. Coercive Acts, i revive issue of non-in- tercourse, 111 ; and open way for realization of conservative policy, 112. (See Boston Port Act.) Coffee House, 115. Colden, Cadwallader, 29 ; burned in ef- figy, 31 ; agrees to place stamps on man-of-war, 32 ; action in Stamp Act troubles, 33, 34 ; never com- pensated for Kis losses, 53 ; succeeds Moore in the government, 77 ; vio- lates his instructions, 78 ; supporteo by conservative classes, 82 ; forced to give up part of his salary, 95 conduct in the tea episode, 104 says tea was destroyed quietly, 110 fears radical influence in the coun- ties. 186 ; encouraged by indifference of counties, 139 ; favors Galloway's Plan, 149 ; thinks association will not be kept, 168 ; but admits that it has been, 169 ; is uncertain as to the assembly, 174 ; assumes government in absehce of Tryon, 193 ; exempted from the association of April 29, 200 ; retires to Long Island, 218. , Jr., Cadwallader, opposes Pro- vincial Convention, 189. , David, 42. Colville, Captain, of the ship Nancy, 103. Commissioners of the Customs, the, law establishing, 56 ; unpopularity of, 57, 58. , the, appointed to negotiate with the colonies, 250 ; not expected to accomplish anything, 253. Committee of the Association of the Sons of Liberty, 1773, 106; will not permit Captain Lockyear to enter Customs House, 108 ; exammes Cap- tain Chambers, 109. of the second Continental Con- gress, sent to New York, 246. of Correspondence, on the Stamp Act, 26, 27, 30; of the Sons of Lib- erty, 45 ; appointed by the Assembly, 64, 177. of Fifteen, the, appointed to ef- fect a compromise in election of dele- gates to first Cont. Cong., 132 ; con- servative members refuse to act, 132 ; proposals of, 133. of Fifty, the, replaces the One Hundred, 236 ; nominates ticket for third Prov. Cong., 257. — — of Fifty-One, the, nominated, 114 ; elected May 19, 1774, 115 ; composi- tion of, 116 ; organization of, 118 ; suggests a Continental Congress, 118, 119 ; refuses to recognize Committet of Mechanics, 121 ; plan of, for elec- tion of delegates to first Cont. Cong., 124, 12,^5 ; foi'ced to recognize Com- mittee of Mechanics, 126 ; disavows radical meeting in the fields, 126, 127 ; authority of, denied, 127 ; radi- cal members resign from, 128 ; at- tempt of, to assume character of government fails, 128, 129 ; resolu- tions of, strengtheneu, 129, 133 , candidates of, supported by the me- chanics, 1.'?.4 ; and are elected, 135 seeks support in rural counties, 136 circular letter sent to counties, 137 [295] 296 INDEX replies from counties are disappoint- ing, 137, 138 ; second letter to coun- ties, 139 ; letter is ignored by six counties, 141 ; inquires into unau- thorized meetings, 162, 163 ; reason» of, for supporting the association, 164 ; takes steps to enforce association, 165 ; to be dissolved, 166 ; twenty- nine members of, elected to commit- tee of Sixty, 167, 168. to promote frugality and indus- try, 71. of Inspection, the, appointed March, 1769, 75 ; resigns and is re- elected, 90 ; takes steps to modify the association of 1768, 90, 91, 92; declares for modified non-importa- tion, 93 ; association of first Cont. Cong., provides for Committee of in- spection. (See Committee of Sixty.) on Intestine JB)nemies, the, report of, 263. on Loyalists, the, proceedings of, 264. of Mechanics, Successors of Sons of Liberty, 120 ; confirms election of the Fifty-one, 120 ; but claims co- ordinate authority with it, 121 ; nomi- nates candidates for first Cont. Cong., 123 ; plan of, for election of delegates to Cont. Cong., 125 ; secures recog- nition from the Fifty-one, 126, 128 ; demands pledge of conservative candi- dates, 134 ; is satisfied with an evasive reply, 135 ; shares in nomination ot committee of Sixty, 160 ; helps to en- force the Association, 165 ; part taken by, in destruction of Loudon's pamph- lets, 252 ; attitude of, on election of delegates for third Prov. Cong., 256 ; candidates of, for third Prov. Cong., 2.57 ; urges Prov. Cong., to declare independence, 266 : jealous of in- fluence of .Ta.v and Duane, 267 ; fears "oligarchical" tendencies, 270. on state government, the, ap- pointed. 267 : report of, 268 ; report criticised, 269. of Observation, the, appointed to watch tea ships, 109. of One Hundred, the, proposed by the Sixty, 194 ; a ticket for, proposed by the Sixty, 195 ; election of, 197 ; composition of. 197, 198; dominated by moderate radicals, 199 ; assumes powers of a government, 200 ; en- forces association, 200 ; authority of, transferred to first Prov. Cong., 201 ; assembled by Tryon to settle difficulty with king's ships, 225 ; members ot, leave the city, 226 ; nominates candi- dates for second Prov. Cong., 231 ; opposition to the candidates of, 232 ; quorum of, is reduced to twenty-one, 235 ; members of, fined for non- at- tendance, 236 ; is replaced by new ' committee of fifty, 236. on Rights and Grievances, the, appointed by first Cont. Cong., 144; appointed by the assembly, 177. of Safety, the, appointed by first Prov. Cong., 211 ; appointed by the second Prov. Cong., 234 ; significance of, 211, 235 ; is alarmed at prospect of new assembly, 241, 242 ; no need of, in the third Prov. Cong., 260 ; but resorted to by the fourth Prov. Cong., 276. of Sixty, the, elected as a com- mittee of inspection to enforce the as- sociation of first Cont. Cong., 165- 167 ; election of, a victory for the radicals, 167 ; composition of, 167 ; enforces the association, 169 ; takes steps to elect delegates to second Cont. Cong., 178, 179 ; reasons of, for desiring a Provincial Con,ventlon, 180 ; skillful management of the elec- tion by, 180-185 ; nominates a ticket for the Provincial Convention, 185 ; which is elected, 186 ; letter of, to the rural counties, 186 £f. ; takes steps for election of new committee and for calling a Prov. Cong., 194, 195 ; can- didates of, elected, 197 ; letter of, to the counties calling a Prov. Cong.. 201. of Twenty-Five, the, nominated by merchants and mechanics, 112 ; is composed of both factions, 113 ; is presented by radicals at meeting of May 14. 114 ; twenty-four members of, elected to the Fifty-One, 114, 115. Committees, County, recommendefl to be appointed, 137 ; appointed by minorities, 138 ; extension of the sys- tem of, 201 ; assume administrative (unctions under the Prov. Cong., 202 ; ordered to be formed by the Prov. Cong., 212 ; ask instructions on loyal- ists, 223 ; act as courts for trial of loyalists, 224 ; urged to elect proper [296] INDEX 297 men to assembly, 241 ; regulate elec- tions for the third Prov. Cong., 258 ; given jurisdiction over loyalists, 263 ; active in suppressing loyalists, 264 ; the Albany, 170, 187, 204, 230, 231; the Charlotte, 259 ; the New York, (See Bans of Jjiherty, Fifty-One, One Hundred, Sixty,) ; the Suffolk, 170 ; the Ulster, 171 ; the Westchester, 203. Common Sense, pamphlet, 251, 254. Compensation for property destroyed in stamp act riots, 53. Conciliation, Lord North's Resolution on, 199, 213, 214, 215,s220, 221; plan for loyalist, 231 ; little hope of, 228 ; failure of, creates new party align- ments, 250, 251, 256. Confiscation of property, as a means of enforcing the Association, 154 ; used against the loyalists, 222, 224 ; bear- ing of, on independence, 255, 256. (See Taxation.) Congress Canvassed, the, pamphlet; 159. Continental, first suggested by New York Committee, 118 ; agreed to by Massachusetts, 119 ; election lor at New York, 122 ff. ; assembles Sep- te mber 5, 1771 , 142 ; question of juris- diction, 143 ; committee on grievances appointed, 144 ; effect of events at i Boston on, 143. and of letters from England, 146 ; delegates turn to prac- tical questions, 147 ; Suffolk Resolu- tions adopted, 148 ; opposition not al- lowed to appear on minutes, 148 ; resolutions on non-importation, 149 ; Galloway's Plan, 149, 150 ; dis- s olved October -26, 15 ; measures of, not conservative, 150, 151 ; the association creates a government, 154 ; and founds the party of loyalists, 158, 159, i60 ; represents a small minority only, 160 ; action in Ulster County on the Association, 171 ; action of New York Assembly on As- sociation, 174, 176. — £=-, C- , second, delegates elected to, 173, 174 ff. ; assembly refuses to ap- point delegates to, 175, 176 ; pro- posals of the Sixty for election of delegates to, 180 ; Conservative plan, 181 ; supported by Association of April 29, 196 ; relation of Prov. Cong., ^to, 212 ff. ; misrepresentation of, pun- ished by first Prov. Cong., 216; re- jects North's Resolution, 221 ; pre- pares for war, 221 ; policy of radicals in, 222 ; rumor of independence being discussed in, 222 ; orders arrest of dangerous persons, 225 ; appealed to to suppress loyalists in Queens County, 238 ; takes measures to dib- arm loyalists of Queens and Rich- mond Counties, 244, 245 ; committee of, sent to New York, 247 ; recom- mends disarming of non-associators, 251 ; tables address disavowing in- dependence, 253 ; authorizes new state governments, 265 ; independence moved in, by R. H. Lee, 271. , merchants, proposed to be held at Norwich, 91. , Provincial, first, opposed by loy- alists and conservatives, 175, 181 ; proposed by Committee of Sixty, 194 ; Candidate for, proposed by the Sixty, 135 ; and elected, 197 ; assumes gov- ernmental powers, 201 ; delegates elec- ted by every county, 201 ; absence of loyalist opposition in the elections of, 205 ; Analysis of membership of, 206 ; quorum and method of voting In, 207, 208 ; two groups of loyalists in, 208 ; question of attendance, 209, ,210; Committee of Safety appointed, 210, 211 ; Cautious in assuming powers of government, 212 ; question of al- legiance, 212 ; offers the association, 213 ; committee on conciliation, 214 ; delegates to, sign association, 215 ; enforces association, 216 ; military preparations made by, 216, 217 ; ef- forts of, to raise money, 217, 218 ; provides escort for Tryon and for Washington, 218 ; provisions the British ships, 219 ; forced to adopt more radical measures, 220, 223 ; ignores North's Resolution, 221 ; acts as a court to try loyalists, 224 ; rela- tion with agents of British govern- ment, 224'; cannot obey orders of Cont. Cong., 225, 226 ; proceeds with- out a quorum, 226 ; rules for new elec- tion reported, 227 ; dissolution of, 227. , , second, election for, in midst of loyalist reaction, 228 ; or- ganized December 6, 234 ; loses pres- tige, 228, : analysis' of membership of, 232, 233 ; quorum difficulty in, 233, 234 ; pressure on counties to secure representation, 236 ; resolutions on state of Queens and Richmond coun- [297] 298 INDEX ties, 238 ; action on North's E€soIu- tion, 239 ; fears effect of calling new Assembly, 240 ; anomolous situation of, 243 ; measures on loyalists, 244 ; malces no' efloft to protect Rlving- ton, 246 ; attitude towards the Conti- nental Army, 246 £E. ; disputes au- thority of Cont. Cong., 24T ; objects to Imposing test on loyalists, 249 ; orders intercourse with British ships to cease, 250 ; refuses to consider petition of Samuel Loudon, 252 ; end of, 252. , , third, new issues raised in election of, 256 ; election of delegates to, 257 tf. ; analysis of membership of, 260 ; rules of voting changed, 261 ; question of attendance, 261 ; two principal problems confront, 2bJ. ; suppression of loyalists, 263 ; ques- tion of independence and new govern- ment, 265 ff. ; reply to Committee of Mechanics on independence, 270 ; reply to ' continental delegates on question of independence, 271 ; Wash- ington and Adams dissatisfied with conduct of, 272 ; no good reason for not authorizing delegates to vote for independence, 273 ; adjourns to White Plains, 273. , , fourth, declares independ- ence, July 9, 273 ; election of delegates to, 274 ; forms new government, 275 ; represents the people only nominally, 276. of the Sons of lAberty, proposed to be held, 48. , Stamp Act, the, 27. ConWin, Cornelius, 46. Connecticut, Sons of Liberty in, 47. Conscription, not resorted to by first Prov. Cong., 217 ; bearing of, on in dependence, 255. Conservative Party, (see Party.) Consignees of East India Company's tea, appointed, 102 ; refuse to accept the tea, 105. Conspiracy to capture Washington, 265. Constitutional convention, proposed by Morris to form state government, 267. Continental Congress, (see Congress, Continental. ) Army, (See Army.) Convention, Provincial, proposal of. foi election of delegates to first Cont. Cong., 121, 132, 133, 1.38; proposal renewed, for second Cont. Cong., 179 ; reasons of Committee of Sixty for desiring, 180 ; opposed by conserva- tives, 181 ; candidates nominated by Committee ot Sixty, 185 ; and elected, 185, 186 ; elections for, in the rural counties, 188-190 ; elects delegates to second Cont. Cong., 191, 192 ; dis- solved, 193. Cooper, Miles, 158, 159. Cornwall, Orange County, elects dele- gates to Prov. Convention, 188, and to the first Prov. Cong., 203. Corporation of New lork, talies charge of the stamps, 34 ; addresses Governoi Tryon, 2l8 ; assembled by Tryon to settle dilficulty wita British ships, 224. Correspondence, right of, asserted, 64 ; Massachusetts letter on, 75. , Committees of, (see Cominittee of Correspondence. ) C'ortelyou, Aaron, member of first Prov. Cong., 207 ; and of the third Prov. Cong., 260. Council Of New York, the, attitude to- wards non-importation agreement of 1768, 61 ; statement on North's Eeso- lution, 199 ; exercises functions only nominally, 243 ; forbidden to go on board the Duchess of Gordon, 250. Counties, rural, political apathy in, 14 ; election of delegates to first Cont. Cong., in. 136 fC. ; delegates elected by minority in, 139 ; authorize New York delegates to act, 140 ; six of, take no part, l4l ; Association of first Cont. Cong, circulated in, 169, 170, 171 ; circular letter of Committee of Sixty to, 186 ; election of delegates to Prov. Convention in, 187 ; election of dele- gates to first Prov. Cong., 201-205 ; quorum of delegations from, to first Prov. Cong.. 207, 208 ; the associa- tion of April 29, in, 215 ; election of delegates to second Prov. Cong, in, 229 ff, ; election of delegates to As- sembly in, 242 ; authorized to disarm non-assoeiators, 251 : elections for third Prov. Cong, in, 257 ff. County Committees, (see Committees, County.) Courts-leet and baron, 10. Court party, (see Party.) Couper, Captain, brings Boston Port Act to New York. 112. [298] INDEX 299 Credentials, two sets ot, for Ulster dele- gates to third Prov. Cong., 259. Crown, (see English Government.) Cruger family, 10. , Henry, 38. , John. 19, 27 ; Mayor of New York, 32 ; assured by Colden that stamps would not be distributed, 33 ; gives receipt for the stamps, 34 ; leader oi court party, 49 ; leader of conserva- tives in stamp act period, 50 ; charter members of Chamber of Commerce, 60 ; Prl'end of Liberty and Trade, 87 ; member of assembly committee of cor- espondence, 177 ; arrest ordered, 264. , John Henry, on Committee of Inspection, 75 ; Friend of Liberty and Trade, 87 ; arrest ordered, 264. Cumberland County, appoints a com- mittee, 137, 138 ; takes no action on Provincial Convention, 191 ; eleetB delegates to first Prov. Cong., 204 ; delegates appear in Congress, June 22, 208 ; signers of Association in, 215 ; urged to send delegates to sec- ond Prov. Cong., 234 ; elects delegates, 237 ; elects delegates to third Prov . Cong., 258 ; but they attend rarely, 258. Currency Act, passed In 1764, 25 ; im portance of, in New York, 52, 65, 66, 67, 71 ; provisions of, 69 ; un- necessary in New York, 70 ; relation of, to trouble over Mutiny Act, 71 ; creates riots, 76 ; assembly seeks re- lief from, 77, 78, 79 ; assembly per- mitted to Issue paper currency, 88, 95. Curtenius, Peter T., on Committee of Inspection, 75 ; and on the Twenty Five, 113 ; and the Fifty-One, 114 ; and the Sixty, 168 ; and the One Hun- dred, 197. Customs House, closed, 193. Cuyler, Jacob, member of committee on new government, 268. Cuyper. Thenius, not returned to third Prov. Cong., 260. Dartmouth, earl of, thunderstruck by Suffolk Resolutions, 146 ; thinks Con- gress will not back up its resolutions, 147; favors some such plan as thai of Galloway, 149 ; approves action of New York Assembly, 178. Davis, Captain, brings stamps to New York, 29. Dayton, David, member of first Prov. Cong., but rarely attends, 209 ; and is not returned to the second Prov. Cong., 233. Debtors, law for the relief of im- prisoned, 79 ; favor Independance, 255. Declaratory Act, 53. Defense, of the Empire, plan of first Prov. Cong, for colonial assistance In, 214 ; Colony put in state of, by first Prov. Cong., 216 ; question of, settled, 248 ; of the city, 249. De Lancey faction, the, 18, 19. family, 9. , James, Lt. Governor, leader of court party, 12. , James, Captain, 49 ; conservative in Stamp Act troubles, 38 ; attitude on right of corresponaence, 74 ; charged by MacDougall with forming coalition with Colden, 80 ; attitude to- wards Mutiny Act, 80 ; on assembly committees, 177. , John, on Committee of Fifty-One, 114 ; on the Sixty, 168 ; on the One Hundred, 197 ; delegate to first Prov , Cong., 206 ; active member, 208 ; joins with the loyalists, 222 ; not re- turned to second Prov. Cong., 231. , Oliver, friend of Liberty and Trade, 87 ; arrest ordered, 264. , Peter, 42. Delaware, Sons of Liberty In, 47. Delegates, to first Cont. Cong., 135, 136, 141 ; to second Cont. Cong., 236, 270, 271, 273 ; to first Prov. Cong., 201, 226 ; to second Prov. Cong., 234, 260 ; to fourth Prov. Cong., 273. (See Congress.) Democratic ideal, growth of, in 18th Century, 16. Denning, William, on Committee of Sixty, 168 ; and the One Hundred, 197 ; delegate to second Prov. Cong., 232 ; and to the third, 257, 258. Dennis, Patrick, on Committee of Ont Hundred, 226. De Peyster family, 9, 13. , Abram W., on Committee of One Hundred, 226. Deputies, (see Delegates, Congress.) Desbrosses, Elias, charter member of Chamber of Commerce, 60 ; on the Committee of Fifty-One, 114. , James, on Committee of Inspection, 75; arid the One Hundred, 198. [299] 300 INDEX De Witt, Andrew, member of second Prov. Cong, but not returned to tlie third, 260. Diciiinson, Jolin, (see Farmer's Letters.) Directors of the Bast India Co., {see East India Co.) Dissenters, 60. Doran's Tavern, 132. Douffleud, the, articles satirizing Mac- Dougall, 82. Drake, Joseph, of the second Prov. Cong., not returned to third, 260. Duane, James, in Stamp Act troubles, 32 ; on the Committee of Fifty-One, 114 ; an error to call him a loyalist, 116 ; on committee to prepare rules for the Fifty-One, 117 ; nominated by radicals and conservatives for first Cont. Cong., 122 ; dh Committee of Fifteen, 132 ; delegate to first Cont. Cong., 135 ■/ favors Galloway's Plan, and opposes non-intercourse but signs the association, 143, 150 ; asserts right of Parliament to regulate trade, 143 ; protests against certain resolutions of congress, 148 ; reasons for signing the Association, 164 ; on Committee of Sixty, 168 ; delegate to the Provincial Convention, 185, 186 ; and to the sec- ond Cont. Cong., 192 ; joint author of the association of April 29, 196 ; on Committee of One Hundred, 197 ; moves property out of city, 226 ; James Brattle, Servant of, acts as spy for 'Tryon, 243 ; delegate to the third ProT. Cong., 258 ; opinion on the meaning of the election for the third Prov. Cong., 260 ; opinion on formation of New Government, 266. Du Bois, Peter, opposes' Provincial Con- vention, 189. , Walter, opposes Provincial Con- vention, 189. Duchess 0/ Gordon, ship, Tryon re- moves to, 225 ; council prohibited from tisiting, 243. (See British Ships ; Congress, Provincial.) Duer, William, protests against electlou returns from Charlotte County, 259. Dumont, Egbert, on Committee of Safety of first Prov. Cong., 211 ; not re- turned to second Prov. Cong., 233. Dunscomb. Daniel, friend of Liberty and Trade, 87 ; chairman of Committee of Mechanics. 1 98 ; on the One Hundred, 198. I Duryee, Abram, on the Twenty-Five, 113 ; and the Fifty-One, 114. , Alexander, on the Sixty, 168 ; and the One Hundred, la7. Dutch tea, sale of prohibited by Com- mittee of Sixty, 169. Dutchess County, land grants in, 9 ; reply from, to New York letter, 137 ; New YorE delegates authorized to act for, 140 ; loyalist association circu- lated in, 171 ; no approval of Asso- ciation of first Cont. Cong, in, 172 ; elects delegates to Provincial Con- vention, 189 ; and to the first Prov. Cong., 203 ; and to the second, 229 ; and to the third, 258 ; loyalists sup- pressed in, 265. DuychiDck, Christian, on Committee oi Mechanics, 135 ; chairman of Com- mittee of Mechanics, 252. , Gerardus, on the Fifty-One, 114 ; and the One Hundred, 198. Easthampton, favors non-Importation, 137. East India Company, legislation of Par- liament on, 96, 97 ; not considered in connection with America, 97 ; North's proposal for permission to ex port tea, 98 ; directors of, said to have opposed the resolution of Lord North, 98, 99 ; little evidence of such opposition, 99 ; economic consider- ations determine the shipments, 100 ; directors of, apply to Treasury for licenses, 101 ; assortment of teas for the American shipment, 102 ; con- signees appointed, 102 ; shipments of, threaten the conservative non-impor- tation policy, and interfere with smugglers, 103 ; force nece.«!sary to pre- vent landing of the tea, 104 ; con- signees forced to resign, and ship- ments arc refused by them, 105 ; radi- cals object to storing the tea in the fort. 106 ; the shipment of, returned to England, 108, 109 ; a private ship- ment brought by Captain Chambers is destroyed, 109, 110. Election, of 1768, 20, 59, 60; of 1769, 15. 19, 20, 74, 75 ; of 1774, for City Magistrates, 93 ; of delegates to first Cont. Cong,, 119, 120, 121, 122, 124, 125, 126, 130, 133, 134, 135, 136, 139 ; of delegates to the second Cont. Cong., 173, 174, 178, 180, 181, 182, ±83, [300] INDEX 301 191, 192 ; of delegates to first Pro\ . Cong.. 202-205 ; of delegates to tlie second Prov. Cong., 227, 229-232, 236, 238 ; of delegates to the third Prov. Cong., 252, 256, 257, 258-260; of delegates fo fourth Prov. Cong., 273, 274. ( See Delegates ; Congress ; Com- mittee ; Assembly.) Elections, how controlled in colonial period, 12 tt. Elliot, Andrew, collector of customs at New York, 71, 72. Eltlng, Peter, describes riot of June 12, 1776, 265. Embree, Lawrence, on Committee of Sixty, 168 ; and the One Hvmdred, 197. England, cordial relations of New York, with, 96 ; effect of letters from, 145, 146. English balances, effect of Grenville's legislation on payment of, 26, 66, 68. (See Trade Acts.) government, attitude of, towards colonies, 6 ; Provincial Congress and the apents of, 218, 224, 228 ; policy of conciliation embodied in North's Resolution, 220 ; reception of as- sembly petitions by, 222 ; Tryon fur- nishes information to, 225, 243 ; new policy of, 250 ; helps Congress en- force the non-interconrse laws, 254 ; authority of, to be entirely suppressed, 266. merchants, attitude towards trade acts, 67. opinion, on conduct of New York, 54-36 : does not regard the Associa- tion of the first Cont. Cong., as a conservative measure, 155. Evacuation of New York by inhabitants who fear bombardment, 226. Everson, Jacob, member of second Prov. Cong., not returned to third, 260. Exchange, the, 113, 179, 182. Exports, 65, 254. Extra-legal organization, way opened for, 28 ; Importance of, 119, 120. (See Committee; Congress.) Farmer, A. W. (See Seabury, Samuel.) Farmers, cons'ervatlsm of. 136 ; dislike the Association of the first Cont. Cong., 163. Farmer's letters, published in New York, 58. Fields, the, meeting ot July 6, in, 123. Fifty-One, the committee of. (See Com- mittee.) Pinlay, John, on Committee of One Hun- dred, 198 ; delegate to second Prov. Cong., 232 ; member of Committee ot Safety, 234 ; troubled with "scorbutic" complaint, 235 ; not returned to third Prov. Cong., 260. Pishkill, Sons of Liberty, in, 46. Flags of Truce, illegal trade by means of, 23. (See Illegal trade.) Flatlands, Township of, neutral in election for Provincial Convention, 188. Fleming. Edward, on the Committee of One Hundred, 197 ; and on the Sixty, 168. Floyd family, 10, 13. , Benjamin, censured by Suffolk County committee, 170. , William, delegate to first Cont. Cong,, 139; and to the second, 192. Flushing, Queens County, action taken in, on the Association, 172 ; elects delegates to Prov. convention, 190. Folliot, George, charter member of Chamber of Commerce, 60 ; friend of liiberty and Trade, 87 ; on the Com- mittee of One Hundred, 198 ; but never attended, and replaced by Wil- liam Bedlow, 198 ; delegate to first Prov. Cong., but never attended and is replaced by Sears, 206 ; refuses the Association, 215 ; arrest ordered, 264. Foreign alliance, the, advantages of, 255. Foster, .John, member of the second Prov. Cong., but never attended, 232. Fox, Charles James, opposes Lord North's Resolution, 220. Fraunees Tavern, 113. Franklin, Ben.iamin. influence of letters ot, on first Cont. Cong., 146 ; sees no hope for conciliation, 253. , Thomas, on Committee of Inspec- tion, 75. . Walter, charter member of Cham- ber of Commerce, 61 : on Committee of Inspection. 75 ; and on the One Hun- dred, 198 ; delegate to first Prov. Cong., 206 ; attends rarely, 209 ; re- fuses the' Association, 215 ; not re- turned to second Prov. Cong., 233. [301] 302 INDEX Free Thoughts, pamphlet by Seabury, 159. Freedom of speech and the press, sup pressed By first Prov. Cong., 223. Free holders, 10. Free holds, 10. Freemen, 10. French alliance. (See Foreign Al- liance.) , Joseph, delegate to first Prov. Cong., 207 ; rarejy attends, 209. Friendly Address, pamphlet probably written by Chandler, 159. Friends oj Liberty and Trade, the, com- prise leading merchants and property owners, 87 ; distinguished from Sons of Liberty, 86. Frontier, the colonies were the EngUsh- . 16. Gage, Thomas, General, 34 ; claims pre- cedence over governor Moore, 72 ; for- tifies Boston Neck, 146. Gale, Samuel, member of assembly, 177. Galloway, Joseph, on parties in first Cont. Cong.. 143 : olan fnr British- American Parliament, 143 ; protests against approval of Suffolk Resolu- tions, 148 ; introduces hia plan, 149 ; his plan Is opposed by radicals, 149 ; all reference to the plan Is expunged from tiie minutes, 150 ; signs the As- sociation under misapprehension, 150. Gansevort, Leonard, member of com- mittee on loyalists, 264. Garland, ship, 29. Gautier, James, compensated for losses, 53. Germans In Tryon County, approve the association, 171. Gilbert, W. W., on Committee of Sixty, 168; and the One Hundred, 197. Glenn, Henry, member of first Prov. Cong., 209. Gloucester County, takes no part In Prov. Convention, 191 ; elects dele- gates to first Prov. Cong., 205 ; but they do not attend, 208 ; is unrepre- sented in second Prov. Cong., 238 ; and also in the third, 258. Goelet, Peter, on Committee of Fifty- One, 114 ; and the One Hundred, 19&. Goes, Isaac, 230. Goforth, William, on Committee of Fif- teen, 132 ; and on the Sixty, 168 ; and the One Hundred, 197. Golden Hill, aft&ir of, 82. Goshen, Orange County, elects delegateb to Provincial Convention. 188 ; anu to the first Prov. Cong., 203 ; and to the third Prov. Cong., 259. Governors, colonial, relations of, with the assembly, 5. Graham, Lewis, member of first Prov. Cong., 209 ; on committee on loyalists, 264. , Morris, on Committee of Safety of second Prov. Cong., 239. , Robert, member of fi?Bt Prov. Cong., but rarely attends, 209 ; is not returned to third Prov. Cong., 260. Grenville, George, colonial policy ot, 23-25 ; financial legislation, 25, 26, 69 ; effects policy of, 25, 50, 65 ; on repeal of Stamp Act, 53 ; extends Mutiny Act to colonies, 53. Grievances, resolutions of Assembly on, 176, 177. Guion, Abram, 190. Halifax Packet, the, Tryoh removes to, 225. Hallet, Joseph, on Committee of Fifty- One, 114 ; resigns, 126, 127 ; mem- ber of the One Hundred, 197 ; dele- gate to first Prov. Cong., 206, 208; delegate to second Prov. Cong., 233 ; member of Committee of Safety, 234 ; excuses himself from attendance, 235 ; delegate to third Prov. Cong., 257, 258 ; member of committee on loyalists, 264. Hamilton, Alexander, no evidence for alleged speech of July 6, 1774, 124 ; justifies conduct of first Cont. Cong., 147. Hampden Hall, secured by Bons of Lib- erty, 87. Hanover, Ulster County, appoints com- mittee on the Association, 171. Hardenburgh, John, chairman of Ulster County Committee, 259. Haring, John, delegate to first Cont. Cong., 139 ; declines election to the second tJont. Craig., 192 ; member of third Prov. Cong., 268. Harrison, Benjamin, member of com- mittee of Congress sent to New York, 247. Haven, James, refuses the association, 215 ; not returned to second Prov. Cong., 233. [302] INDBX 303 Haverstraw, Orange County, elects dele- gates to Provincial Convention, 188 ; and to the first Prov. Cong., 203. Hay, A. H., member of tlie second Prov. Cong., but not returned to the third 260. Heathcoate, Caleb, 9. Helme, Benjamin, on Committee of One Hundred, 198 ; delegate to second Prov. Cong., 232 ; not returned to the , third, 260. Hempstead, Queens County, refuses to send delegates to Provincial Conven- tion, 189. Henry, Patrick, thinks Congress has au- thority of government, 144. Hickey, Thomas, hanged for mutiny, 265. Hicks, Thomas, delegate to first Pro\ Cong., 202, 207, 209; refuses the as- sociation, 215 ; delegate to third Prov. Cong., 258 ; arrest ordered, 264. , Whitehead, Mayor 6t New York, 225. , William, 38. Hillsborough, earl of, pleased with con- duct of assembly, 58, 59, 64 ; but cannot understand resolutions of De- cember, 64 ; on paper money bill, 71, 72. Historians, American, Interpretation of East India Company legislation, 96. Hobart, John S., 46 ; member of first Prov. Cong., 209. Hoffman, Nicholas, on Committee of Twenty-Five, 113 ; and on the Fifty- One, l.i4 ; and the One Hundred, 197. Holland, illegal trade with, 23, 101. Home rule, only one of the issues in American Revolution, 5, 21, 22. Hood, Zacanas, stamp distributor from Maryland, forced to resign, 42. Horton, James, 190. Hostages, children of loyalists to be taken as, 251. Howe, Sir William, expected arrival en- courages loyalists, 264. Humphreys, Cornelius, member of sec- ond Prov. Cong., not returned to third, 260. Hunt, Thomas, 190. Hunter, Robert, Governor of New York, 7. Huntington, Sons of Lfberty In, 46 ; ap- points committee of correspondence, 137. Hurly, meeting at, approves Association, 171. Hyer, William, on Committee of One Hundred, 226. Illegal trade, 23 ; increases after Stamp Act period, 65, 56 ; effect of the As- sociation on, 84 ; America supplied with tea by, 101. (See Association.) Importation, economic pressure for, 36, 92. Imports from England, 30, 62, 65, 6S, 69, 95, 254. Imprisonment. (See Penalties.) Indemnity. (See Act of Indemnity.) Independence, Low suspects it is aimed at, 145 ; rumor that it has been de- clared, 222 ; way open for, 250 ; growth of sentiment for, 251 ; con- gress suppresses opposition to, 252; influence of the non-intercourse policj in bringing, 254 ; bearing of, on tax- ation and conscription, 255 ; question of, in election to third Prov. Cong., 256 ; one of the problems of the third Prov. Cong., 261 ; considered by the third Prov. Cong., 265 ft. ; Committee of Mechanics desire declaration of, 270 ; Virginia delegates move declara- tion of, in Cont. Cong., 271 ; New York delegates not authorized to vote on, 271, 272 ; declaration of, by fourth Prov. Cong., 273 ; declaration of, destroys all hopes of reconcUiatioii, 274. Inglis, Charles, Episcopal clergyman, 158. "Inhabitants," peculiar use of the term, 11, 38. Initiative, political, lack of in colonial period, 14. Instructions to representatives, 21, 37, 38, 82, 242. (See Election.) Inter-colonial agreement. (See Sons of Liberty : .Association.) "Interest," political, ^-, IB. Ivers, Thomas, on Committee of Sixty, 168 ; and the One Hundred, 197. Jails, are full of loyalists, 264. Jamaica, Queens County, on the Asso- ciation, 172 ; does not send delegates to Provincial Convention, 189 ; but radicals elect minority representation, 190 ; elects delegates to first Prov. Cong., 202. [303] 304 INDEX James, Thomas, Major, house of, sacked by mob, 31. Janeway, ureorge, on Committee of Sixty, 168 ; and on the One Hundred, 197. Jauncey, James, 19, 3o ; charter mem- ber of Chamber of Commerce, 60 ; on Committee of Fifty-One, 114 ; arrest ordered, 264. Jay, Fredericli, on Committee of Sixty, 168; and on the One Hundred, 197. , John, on Committee of Fifty-One, 114 ; nominated by both parties to first C'ont. Cong., 122, 12.3 ; does not consider himseif definitely elected, 131 ; on the Committee of Fifteen, 132 ; elected to first Cont. Cong., 135 ; a leading conservative in Congress, 143 ; thinks there are only two prac- ticable means of redress, 144 ; favors Galloway's Plan, 149 ; reasons for sup- porting the association, 164 ; mem- ber of Committee of Sixty, 168 ; dele- gate to the Provincial Convention, 185, 186 ; delegate to second Cont. Cong., 192 ; joint author of Associa- tion of April 29, 196 ; meiaber of Com- mittee of One Hundred, 197 ; dele- gate to the Assembly, 242 ; favors imposition of light taxes as a pre- cedent, 251 ; delegate to third Prov. Cong., 257, 258 ; member of commit- tee on loyalists, 264 ; thinks new government necessary, 266 ; member of committee on new government, 288 ; writes report of committee, 269 ; gets E. R. Livingston elected to fourth Prov. Cong., 273 ; thinks new gov- ernment as conservative as could bt made, 276. Johnson family, keeps radical sentiment in Tryon County in check, 171, 20i. , David, on Committee of Twenty- Five, 113 ; and on the Fifty-One, 114 ; and on the Sixty, 168 ; and on the One Hundred, 197. . Saiiiuel, on the One Hundred, 226. , Sir William, 12. Johnstone, George, commonly called Governor, claims directors of Bast India Company offered Lord North's Resolution, 98, 99. Jones, Samuel, on Committee of Sixty, 168: and on the One Hundred, 197; but does not attend, and is replaced by John Woodward. 198. , Thomas, friend of Liberty and Trade, 87 ; afrest ordered, 261. Journals of the first Cont. Con. falsified, 148. Judiciary, 7. Jury system, 64, 177. Justices of the Peace, 202. Kaine, John, member of second Prov. Cong., 260. Kelly, William, recommends consignees for East India Company, 102. Keteltas, Garret, on the Committee ot One Hundred, 198. Kinderhook, Albany County, contest for committeemen in. 230. Kings County, land grants in, 8 ; dele- gates to first Cont. Cong., 139, 140; delegates to the Provincial Conven- tion, 188 ; delegates to the first Prov. Cong., 2CF4 ; delegates to the second Prov. Cong., 229, 233 ; delegates to the taird Prov. Cong., 258 ; loyalists in, 263. Kings Fislier, sloop, 193. Kingston, Ulster County, approves ot New York delegates, 141 ; appoints committee on the Association, 171. Kirtright, Lawrence, charter member of Chamber of Commerce, 61. Kissam, Benjamin, member of assembly, 177 ; and of Committee of One Hun- dred, 198 ; and of first Prov. Cong., 206, 208 ; makes motion on concilia- tion, 213 ; member of second Prov. Cong., but does not attend, 232. , Daniel, member of assembly, 177 ; arrest ordered, 264. Laight, Edward, member of Committee of Inspection, 75 ; friend of Liberty and Trade, 87 ; member of Commit- tee of Fifty-One, 114 ; and of the Sixty, 168. , William, member ot Committee of One Hundred, 198. Lamb, John, radical leader, 35 ; papers of. 43, 46 ; not politically active be- fore 1765, 49 ; a sincere fanatic, 50 ; presides at meeting ot December, 1769, 80 ; and of December, 1773, 106 ; active in forming the as- sociation of 1773, 107 ; discredited by tea episode. 111 ; influence de- clines after election of the FlCty-One, 116 ; member of Committee of Flf- [304] INDEX 305 teen, 132 ; leader of the mob, 193 ; member of Committee of One Hmi- dred, 198 ; helps destroy London's pamphlets, 252 ; enters army, 245. Land companies, in Orange and Ulster counties, 9. grants, 8. Landon, Jonathan, member of Commit- tee of Safety, 211. Landowners, attitude of, towards Stamp Act riots, 59, conservatism of, 136. Lansing, Jacob, chairman of Albany Committee, 137, 140. Lasher, John, member of Committee of Sixty, 168, and of the One Hraidred, 197. Lawrence, Jonathan, member of first Prov. Cong., 209. , Richard, member of first Prov. Cong., 207 ; but rarely attends, 209 ; member of Committee of Safety, 211 ; member of second Prov. Cong., 238 ; not returned to the third, 260. Lawyers, conduct of, in Stamp Act period, 40 ; relation of, to popular party, 59 ; opposition to, by mercan- tile interest, 59 ; charged with hav- ing deserted the Sons' of Liberty, 60; unpopularity of, in election of 1769, 77. Leaseholds, 10. Lee, General Charles, 242 ; opinion ot Isaac Sears, 245 ; arrival at New York creates a panic, 246 ; quarrels with New York congress, 248 ; gives up command at New Tork, 249. , Richard Henry, member of first Cont. Cong., 143, 147 ; makes mo- tion on independence, 271. Le Fever, Andrew, member of second Prov. Cong., 260. Loffertse, .Jacobus, member of Commit- tee of One Hundred, 198. . John, member of Committee of ' Safety, 234. , Leffert, member of third Prov. Cong., 260. Leggett, Abram, 190. Lent, Abram, member of first Prov. Cong., 207 ; but rarely attends, 209. Levelling spirit of New England, feared in New Tork, 117. Lewis, Francis, member of Committee of Twenty-Five, 113 ; and of Fifty- One, 114 ; resigns from Fifty-One, 126, 127 ; member of Committee of Sixty, 168 ; and of the Provincial Convention, 185, 186 ; and of the second Cont. Cong., 192 ; and of the Committee of One Hundred, 197 ; and of tne third Prov. Cong., 257, 258 ; and of the committee on new govern- ment, 268. Lexington, Battle ot, news of, in New York, 193 ; etfect of, on parties, 205, 206. Liberty Pole, struggle over, 81. Lispenard, Leonard, 27 ; friend of Lib- erty and Trade, 87; member of Com- mittee of Twenty-Five, 113 ; and of the Fifty-One, 114 ; nominated by the radicals for first Cont. Cong., 123 ; resigns from Fifty-One, 126, 127 ; member ot the Committee of Fifteen, 132 ; and of the Sixty, 168 ; and ot the Provincial Convention, 185, 186, and of the One Hundred, 197 ; and of the first Prov. Cong., 206, 209, 211 ; gives personal security for money loaned to congress, 217 ; becomes con- servative, 226 ;- not returned to sec- ond Prov. Cong., 231. , Jr., Leonard, member of Commit-'* tee of One Hundred, 226. Livington Estate, 9. Family, 13, 26. Faction, 18, 19. . Gilbert, member of first Prov. Cong., 207 ; and of the second, 233 ; not returned to the third, 260. , James, member of third Prov. Cong., promises to resign in favor of R. R. Livingston, 273. , Peter, member of Provincial Con- vention, 188. , P. R., member of second Prov. Cong., and of the Committee of Safety, 234, 235. . Philip, 19, 27 : member of as- sembly. 60 ; defeated in election ot 1769. 74. 75 ; member of Committee of Fifty-One. 114; fears levelling spirit ot New England, 117 ; nomi- nated by both parties for the first Cent. Cong., 122, 123 ; elected, 135 ; member of the Committee of Sixty, 168 ; and of the Provincial Conven- tion. 18.">. 186; and of the second Cont. Cong., 192 ; and of the Commit- tee of One Hundred, 197 ; moves his property out of the city, 226 ; elected to the Assembly in 1776, 242 ; mem- 20 [305] 306 INDEX ber of the third Prov. Cong., 257, 258 ; member of committee on loyalists, 264. , — Van Brugb, 19 ; member ol Committee of T^i^enty-Flve, 113 ; and of Fifty-One, 114 ; resigns from the Fifty-One, 126, 127 ; member of tfie Committee of Fifteen, 132 ; and of the Sixty, 168; and of the One Hun- dred, 197 ; and of the first Prov Cong., 206, 209 ; member of the Com- mittee of Safety, 211 ; president of congress, 226 ; retires up the river, and never returns to congress, 227 ; elected to second Prov. Cong., but does not attend, 232. , Robert, founder of the family, li. , Robert G., member ot second Prov. Cong., but not returned to thi third, 260. , Robert R., active in checking Stamp Act riots, 27, 32, 33, 50; member o£ the second Cont. Cong., 192 ; candidate for election to second Prov. Cong., 230 ; thinks new gov- ernment necessary, 266 ; candidate for election to fourth Prov. Cong., 273. , Walter, member of Provincial Convention, 188 ; member of first Prov. Cong., 209. , William, 38 ; founder of the Whig Club and leader of the popular party, 49, Lockyear, Captain, of the ship Nancv, brings East India Company's tea to New York, 108 ; return of, fixed for April 23, 109 ; embarks from Mur- ray's wharf, 110. London, ship, arrives at Sandy Hook, 109. Long Island, (see Kings, Queens, and Suffolk counties). Loudon, Samuel, destruction of pamph- lets of, 252. Lott, .\bram. one of the consignees for the East India Company's tea, 102 ; believes the tea cannot be landed, 1 04 ; Treasurer of the Colony, ad- vances money to the first Prov. Cong., 21 7 : congress repudiates the debt, 218, . Abram P . member of Committee of Twenty-Five, 113 ; and of the Fifty-One, 114 ; resigns from thie Fifty-One, 126, 127; member of Committee of Sixty, 168 ; and of the One Hundred, 197 ; and of the sec- ond Prov. Cong., 232 ; but is de- feated for the third, 257, 258-. , Philip, 169. Low, Cornelius P., member of the Com- mittee of One Hundred, 198. , Isaac, charter member of the Chamber of Commerce, 61 ; member of Committee of Inspection, 75 ; friend of Liberty and Trade, 87 ; at- titude in tea episode, 107 ; chairman of meeting of May 16, 1774, 113; member of Committee ot Fifty-One, 114 ; chairman of meeting of May 19, 1774, 115 ; chairman of the Fifty- One, 117 ; nominated by both parties to first Cont. Cong., 122, 123; does not consider himself elected, 131 ; member of Committee of Fifteen, 132 ; elected to first Cont. Cong., 135 ; at- titude in the congress, 147 ; reasons for supporting the Association, 164 ; member of Committee of Sixty, 168 ; delegate to the Provincial Convention, 185, 186 ; but refuses to serve, 192 ; member of Committee of One Hun- dred, 197 ; and its chairman, 200 ; member of first Prov. Cong., 206, 208 ; makes motion on obedience to Cont. Cong., 212 ; defeated for second Prov. Cong,, 232. Loyalist literature, 158. Party. (See Party.) Ludlow family, 10. , Gabriel H., a friend of Liberty and Trade, 87 ; member of the Com- mittee of Fifty-One, 114 ; and of the Sixty, 168 ; and of the One Hun- dred, 197 ; defeated for second Prov. Cong., 232 ; arrest ordered, 264. , W,, member of the Commit- tee of One Hundred, 198 ; and of the second Prov. Cong., 232 ; but does not attend, 232. , William W., member of Commit- tee of Sixty. 168 ; and of the One Hundred, 197. L>Tich, Thomas, member of committee sent to New York by Cont. Cong,, 247. Lyon dollars, 66. Mc.\dam, William, charter member of Chamber of Comtaerce, 61 ; member of Fifty-One, 114. [306] INDEX 307 McEvers, Charles, member of Commit- tee of Inspection, 75 ; and of the Filty-One, 114. , James, stamp distributor, 28, 42. 42. MacDougall, Alexander, arrested as au- thor of To the Betrayed InhaHtants, and iposes as the "Wilkes of Amer- ica" 81 ; satirized as a noisy upstart, 82 ; visited in prison by j8oji« of Lib- erty, 86 ; presides over meeting m the Fields, 92 ; leader in tea episode, 107 ; discredited, 111 ; member of Committee of Twenty-Five, 113 ; and ol the One Hundred, 114 ; al leged author of letter to Boston pro- posing _a continental congress, 118 ; radical leader in Committee of Fifty- One, 120, 121 : nominated by radicals to first Cont. Cong., 122, 123 ; pre- sides over meeting in the Fields, 123 ; resigns as a candidate for Cont. Cong., 125, 126 ; resigns from the Fifty-One, 126, 127 ; has great in- fluence with the people, 130 ; mem- ber of Committee of Fifteen, 132 ; and of the Sixty, 168 ; and of the Provincial Convention, 185, 186 ; and of the One Hundred, 197; and of the first Prov. Cong., 206, 209 ; and of the Committee of Safety, 211 ; op poses conciliation, 214 ; offers per- sonal security for money loaned to congress, 217 ; member of second Prov. Cong., and of Committee of Safety, 234 ; elected to assembly, 242 ; confers with committee from Cont. Cong., 247 ;■ defeated for third Cong., 257, 258. Madison, James, 91. Mails, opened by Committee of One Hundred, 200 ; nominal Inspection of, 243 ; examined by second Prov. Cong., 249. Malcolm, William, defeated in election -for third Prov. Cong., 257, 258. Mallet, Jonathan, compensated for losses, 53. Mamaronee, 140. Manhattan Island, land grants on, 9. Manors, 9, 10, 14. Manufactures, encouragement of, 69. Mariner's Tavern, 134, 162. Marriage, political Importance of, in 18th century, 12, 13. Marston, John, member of the Commit- tee of One Hundred, 198 ; and of the first Prov. Cong., 206 ; but rarely at- tends, 209 ; and is defeated in elec- tion for the third Prov. Cong., 232. , Thomas, member of Committee of Twenty-Five, 118.; and of the Fifty- One, 114 ; and of tiie One Hundred, 198 ; defeated in election for third Prov. Cong., 257, 258. Martin, Philip, compensated for losses, 53. Maryland, Sons of Liberty in, 47. Massachusetts, Sons of Liberty in, 47 ; delegates from, keen for non-importa- tion, 145 ; recommended to ignore Regulation -ict, 221. Mass meetings, importance of, in de- velopment of party methods, 18 ; in time of Stamp Act, 30, 33, 37, 38,' 41 ; in time of the currency trouble, 80, 90, 92 ; in time of the tea epi- sode, 106 ; in connection with elec- tion of delegates to the first Cont. Cong., 112, 113, 114, 115, 123, 124, 126, 130, 133 ; for the enforcement of the Association, 162, 165, 166 ; for the election of delegates to the Pro- vincial Convention, 181, 182. Matthews, David, Mayor of New York, arrest ordered, 264 ; Involved In loy- alist plot, 265. Mechanics, 11. (See Party; Committee of Mechanics.) Memorial to the Inhabitants of the British Colonies, 151. to the Lords, 177, 222. Mercantile interest, effect of non-im- portation policy on, 62, 63, 83. Merchants, wealthy families of, 10 ; petitions to repeal the Stamp Act by English, 50; in 1765 allied with Sons of Liberty, 51 ; influence of, in 1768, 59 ; attitude towards Towne- hend duties, 60 ; lawyers impopular with, 60 ; join De Lanoey faction, 75 ; separate from Mechanics and Bans of Liberty, 83 ; help appoint Committees of Twenty-Five and Fifty- One, 113, 114 ; opposed to non-in- tercourse, 117, 142, 163 ; agree to ob- serve the Association, 168. (See Party ; Committee. ) Messengers, employed for correspond- ence of the Committee of One Hun- dred, 200. [307] 308 INDBS; Micheau, Paul, member ot third Prov. Cong., 259. Military rule, fear of in New York, T2, 73 ; threatened as the alternative to mob rule, 234. Militia, used to suppress loyalists, 224, 265 ; cannot be depended upon, 255, 265. Militia law, raises difficulty in connec tion with association for defense, 262. Miller, Eleazer, member of Committee of One Hundred, 198. Minutes of Committee of Fifty-One, publication of, 126, 127. "Mohawks," the, 109. Molasses Act, violation of, 23 ; provi- sions of, 24. Monopoly, (see Association ; Bast India Company.) Montague, Abram de la, 86. Moore, Sir Henry. Governor of New York, 34 ; alarmed by non-importa- tion agreement, 61 ; pleased with the assembly in November, 63 ; but sur- prised at its conduct in December, 64 ; foresees the bad effects of the currency legislation of Grenville, 70 ; asserts necessity of a paper money law, 71 ; claims precedence over Gen- eral Gage, 72. , John, member of the Committee of Fifty-One, 114 ; and of the Fif- teen, 132. , John B., member of the Commit- tee of Sixty, 168; and of the One Hundred, 197. , Thomas W., member of the Committee of Inspection, 75. Morris, Gouverneur, describes meeting of May 19, 1774, 115 ; member of first Prov. Cong., 209 ; and of the Committee of Safety, 211 ; member of the third Prov. Cong., and of the committee on loyalsits, 264 ; speech on Independence and new govern- ment, 267. , Lewis, Judge, 15. . . active in Westchester pol- itics. ]90, 101 ; delegate to second Cont. Cong., 192. Morton, John, member of Committee of One Hundred, 198 : and of the sec- ond Prov. Cone;., 2.32 : but does not attend, 2.S2. Mulligan, Ourculps, member of Com- mittee ot Sixty, 168 ; and of the One Hundred, 197. Murray, John, member of the Commit- tee of Inspection, 75. , Lindlay, member of the Commit- tee of Sixty, 168 ; and of the One Hundred, 197. , Robert, charter member of the ChamTjer of Commerce, 60. Murray's wharf, llD. Mutiny Act, importance of, 52 ; pro- visions of, extended to the colonies, 53 ; Assembly of New York passes unsatisfactory law in compliance with, 54 ; governor instructed to re- fuse assent to bills until assembly complies with, 54 ; the New York bill is vetoed, 55 ; Act restraining the New York legislature, 56, 57 ; but assembly passes satisfactory provi- sion bill before restraining act reached New York, 57 ; so that the Restraining Act never operated, 57, 58 ; closely connected with the question of paper money, 64, 71, 77, 78, 79 ; unpopularity of, 80, 81, modified by Parliament, 95. money, ship, freighted with tea foi New York on account of East India Company, 102, 103 ; driven south- ward, but finally arrives at Sandy Hook, 108 ; but returns to England without delivering Its cargo, 110. Nationalism, principle of, 247. Natural right, argument from, 17. Navy. (See Army.; Neilson, William, member of Commit- tee of Inspection, 75. New Government. (See State GoT- emnient.) Hampshire, Sons of Liberty In, 47. grants, 95. Jersey, Sons of Liberty in, 47, New York City supplied from in winter, 243. Newport, merchants of, violate the As- sociation, 89. Newtown, Queens County, 172, 190. New Windsor, Ulster County, 141, 111. York County, land grants in, 9 ; signers of the Association In, 215 , election for the assembly of 1776, 242 : resolutions on loyalists of, 2r>.'l : declares loyalty to England, 275, 276. Nicoll estate, 8. family, 13. [308] INDEX 309 , Charles, member of Committee of Fifty-One, 114 ; and of the Sixty, 168. , Francis, candidate for second Prov. Cong., 230. Nine Partners patent, 9. Nominations, how made in the 18th century, 15, 17, 19. Non-associators. (See Association.) Non-consumption. (See Association.) Non-exportation. (See Association.) Non-intercourse policy. (See Associa- tion.) North, Frederick, Lord, moves repeal of Townshend duties, 87 ; East India Company legislation, 97, 98 ; resolu- tion on conciliation, 199, 120, 23s>, 240, 241 ; gives up policy of con- ciliation, 250. Northeast, Dutchess County, 189. Norwood, Richard, member of the Com- mittee of One Hundred, 226. Obedience. (See Allegiance.) "Oligarchical" tendencies, 256, 267, 270. One Hundred, committee of. (See Com- mittee.) Oothoudt, Henry, member of second Prov. Cong., and of the Committee of Safety, 230, 234; not returned to the third Prov. Cong., 260. Orange County, land companies in, 9 committee appointed In, 137 ; elects delegates to first Cont. Cong., 139 and to the Provincial Convention 188 ; and to the first Prov. Cong. 203 ; signers of the Association in 215 ; elects delegates to second Prov. Cong., 230, 233, 237; and to the third Prov. Cong., 258 ; militia of, not to be trusted, 265. Town, Orange County, 138, 188, 203. Oyster Bay, Queens County, 172, 189, 190. Packet, the, delayed for taking sub- scription on the Association, 92. Palatine district, 141. Palmer, Thomas, member of second Prov. Cong., but not returned to the third, 260. , William, gives information on American tea trade, 100 ; makes pro- posals for shipping tea, 101 ; makea up the assortment for the East India Company's shipments, 102. Pamphlets, loyalist, 158, 159. Paper money, necessary In New York, 66 ; always kept at par there, 67 ; under the currency act of GrenvlUe, retired in 1768, 70 ; new issue by the assembly in 1771, 95 ; issued by the first Prov. Cong., 217, 218 ; neces- sary on account of unpopularity of taxes, 255 ; penalty for decrying, 263. (See Currency. J Parliament, the, Trade system of the colonies discussed in, 50 ; dissatis- fied with New York, 54 ; Townshend Acts passed by, 56 ; investigates the affairs of the East India Company, 97 ; grants the company privilege of exporting tea to America, 98 ; right of, to regulate trade, 143 ; New York Assembly draws up remonstrance to, 177; powers of, defined by first Prov. Cong., 214. Parker, James, 81. Parole, use made of, 263, 264. Parties, political, in the Revolution, 5 , nature of, in the colonial period, 7, 8, 11, 12, 15, 16; beginning of new methods of, 17, 18 ; beginning of dif- ferentiation of radical and conserva- tive, 28 ; effect of Stamp Act riots on, 34, 35, 51, 52 ; alignment of, 1766-1770, far from simple, 52 ; elec- tion of 1768 in relation to, 59 ; fur- ther differentiation of, in 1770, 76, 85 ; tea episode raises old issues be- tween, 94 ; confiicts between, cease 1770-1773, 96 ; importance of unfran- chised classes In development of, 22, 111 ; election of delegates to first Cont. Cong, in relation to, 119, 133, 134, 142 ; alignment of, in first Cont. Cong., 142, 143, 143 ; great Import- ance of the association in the develop- ment of, 152, 155 ; contest between, in election of the committees of the Association, 165, 170-173 ; attitude of, towards the assembly, 174, 175 ; agreement of, on question of British grievances, 176, 177 ; importance of election of delegates to the Provin- cial Convention m the development of, 184-191 ; organization of, begins to be transformed into a government, [309] 310 INDEX 195, 196; Committee of One Hun dred composed of men from all, 197, 198 ; contest of, for election to first Prov. Cong., 202-205 ; and to the sec- ond ProT. Cong., 233-237 ; attitude of, towards Lord North's: Resolution, 239 ; little interest taken by, in elec- tion for assembly, 242 ; new align- ment of. In election for third Prov. Cong., 256 ; significance of the elec- tion of the third ProT. Cong, for, 259 : contest of radical and loyalist, ceases to center at the polls, 262 ; at- titude of, on Independence, 266, com- plete differentiation of reyolutlonist and loyalist, 274 ; new alignments In, appear among the revolutionists, 274 ; rivalry of, over the new government, 276. Party, the Conservative, chief problem of, 32 ; oppose stamp act riot, 83 ; various elements unite to form, 82 ; strengthened by separation of mer- chants from the Sons of Liberty, 93 ; policy of, threatened by East India Company, 103 ; oppose use of force to prevent landing ot the tea, 107 ; effect of tea episode on, 110, 111 ; take initiative after the tea episode, 112 ; influence of, in election of Com- mittee of Fifty-One, 113, 114, 115; has majority of the members of the committee, 116 ; policy of the, 117 ; radicals defeated by, in the election of delegates to first Cont. Cong., 122, 131, 135 ; platform of, In the election of delegates to first Cont. Cong., 129, 133 ; strength of, in the rural coun- ties, 136 ; conduct of, in the counties, 138, 139 ; does not succeed in mak- ing the Committee of Fifty-One a government, 128, 141 : attitude of, in first Cont. Cong., 142 ; dilemma of, in first Gont. Cong., 145 ; adoption of the Suffolk Resolutions a defeat for, 148 ; Galloway's Plan supported by, 149 ; effect of the association on, 155 ; effort of, to maintain leadership, 163 ; motives of leaders of. for sup- porting the Association, 164; plan of, for election of Committee of In- spection given up, 166 ; members of, on Committee of Sixty, 167 ; attitude of, towards new assembly, 174 ; policy of, defeated In assembly, 176 ; hopes to secure through the Committee of Sixty what it failed to secure through the assembly, 178 ; election of dele- gates to Provincial Convention tends to ulssolve, 180, 181, 184, 185 ; mem- bers of, enter radical organization In order to moderate revolutionary movement, 195, 196 ; hopes of, fixed on Lord North's Resolution, 220; loyalism or revolution the only alter- native for, 222, 223 ; policy of, In election for third Prov. Cong., 257; changed character of, 259 ; object of leaders of, 267, 272 ; relation of, to the later Federalist party, 275. , the loyalist, members of the Fifty-One who later joined the, 116 ; the Association of the first Cont. Cong, creates, 157, 158 ; strong in criticism but weak In organization, 160 ; program of, outlined by Seabury, 160, 161 ; membership of, comes largely from conservative party, 161 ; members of the Committee of Sixty who afterwards join, 167 ; erects a standard in Ulster, 171 ; dominates the assembly, 175 ; conservatives de- feated by, in the assembly, 176 ; does not differ from other parties in at- titude towards British measures, 177 ; Provincial Congress feared by, 201 ; takes rio part in election for first Prov. Cong., 205, 206 ; members oi first Prov. Cong, who afterwards join, 206, 207 ; two groups of, in first Prov. Cong., 208, 209 ; has no hope of conciliation through extra-legal organizations, 213 ; 223 ; measures of the first Prov. Cong, for repressing, 216 ; reaction in favor of, 228 ; strong opposition of, in election for second Prov. Cong., 229 ff. ; many members of, not returned to secona Prov. Cong., 231, 232 ; hopes to get control of situation by calling new assembly, 241 ; measures of second Prov. Cong, for repressing, 244, 245 ; repression of, one of the chief prob- lems of third Prov. Cong., 261 ft. ; measures of third Prov. Cong, for repressing, 262 ff. ; mob violence re- sorted to in dealing with, 265 ; oppo- sition of, ceases to center at the polls, 262 ; no members of, in the fourth Prov. Cong., 274. [310] INDEX 311 the Radical, in the Stamp Act period, 36, 37; separation of the merchants from, 76, 83 ; opposes modi- fication of the association, 83 8f. ; new policy of, gives greater strength, 93 ; has great advantage over Conserva- tives in tea episode, 104 ; reorganizes as Sons of Liberty, 105 ; opposed to the landing of the tea, and will use force if necessary, 106, 108; defeated in election of Committee of Fifty- One, 112-116 ; members of, on the Committee of Fifty-One, 116 ; candi- dates of, for first Cont. Cong, rt Jected by the Fifty-One, 122 ; holds meeting in the Fields, and formulates a policy, 123, 124 ; eleven members of, resign from the Committee of Fifcy-One, 127, 128; controls the meeting of July 19, 130 ; appoints a joint committee to draw up resolu- tions, 131 ; modifies its resolutions, 132 : accepts the conservative candi- dates, 134 ; encouraged by replies from rural counties, 138, 139 ; favors non-intercourse in the first Cont Cong., 149, 150 ; the Association a victory for the, 151, 161 ; measures of first Cont. Cong, assure political supremacy of, 162 ; election of Com- mittee of Sixty a decisive victory for, 167 ; attitude of. towards the as- sembly, 174 ; shrewd policy of, in election of delegates to second Cont. Cong., 182-186 ; election of delegates to second Cont. Cong, a victory for, 192 ; organization of, begins to be transformed into a government, 193, 194 ; quality of, improved by dis- integration of conservative party, 195, 196 ; desires a Prov. Cong., 201 ; con- ciliatory policy of, in election of Prov. Cong., 206 ; controls Commit- tee of Safety, 211 ; organization of, becomes a government, 212 ; extreme wing of, cares nothing for concilia- tion, 213 ; attitude of, in election for second Prov. Cong., 232 ; controls the second Prov. Cong., 233 ; attitude of, towards Lord North's Resolution, 240 ; resents interference by Cont. Cong., 247 ; sees way clear to inde- pendence, 253 ; relation of, to anti- Federalist party, 27.5. (See Sons of Liberty.) Peace of Paris, effect on English colonial policy, 23. Pearsall, Thomas, member of Committee of Twenty-Five, 113 ; and of Fifty- One, 114. Pell, .Tohn, member of Committee ot One Hundred, 226. Penalties for loyalist opposition, 223. Pennsylvania, Sons of Liberty in, 47. Petition to the King, 150, 177, 221, 222, 253. Philadelphia merchants, object to New York association on ground of monopoly, 61, 62 ; reported to favor modified non-intercourse, 88 ; but in fact oppose it, 91. Philelutheros, nominates a ticket for second Prov. Cong., 232. Philipse estate, 9. family, 12, 13. , Frederick, loyalist leader in the assembly, 175 ; member of the com- mittee on grievances, 177 ; opposes election of delegates to Provincial Convention, 190. Phoenix, David, member of Committee of One Hundred, 198. Pieces of Eight, 66. Pigou, Frederick, asks for consignment of East India Company tea, 102. Pintard, Louis, disciplined for sending stamped letter-pass, 42 ; member of the Committee of One Hundred, 198. Platform, 17-20. Piatt, Jeremiah, member of Committee of Sixty, 168 ; and of the One Hun- dred, 195. , Zephaniah, chairman of meeting at Poiighkeepsie, 140. Politics, democratization of, a funda- mental movement of the Revolution, 5, popular inditference to, in early 18th century, 14, 15. Poll, the, method of taking, in early 18th century, 15. (See Suffrage.) PopUocota, favors reception of East India Company's tea, 103. Popular party, nature of, 8. Potter, Gilbert, 46. Pownell, Thomas, moves repeal of Townshend duties, 87 ; attempts to secure repeal of tea duty, 88 ; op- poses Lord North's Resolution, 220. Precedence, question of, between Gov- ernor Moore and General Gage, 72 ; importance of the question of, 73. [311] 312 INDEX Press, the, freedom of, suppressed by first Prov. Cong., 216 ; censorship of, 228. Prices, effect of non-importation on, 159 ; attempt to regulate, 255. Prince, Samuel, member of second Prov. Cong. 232 ; defeated in election for third Prov. Cong., 257, 258. Princeton students, bum New York let- ter on the Association, 91. Pro Patria, hand bill, 58. Property, declines in value as result of Grenville's currency legislation, 71, 79 ; recovers after 1770, 96. Provincial Congress. (See Congress.) Convention. (See Convention.) Provision bill. (See Mutiny Act.) Public stores, seizure of, 193. Pye, David, member of first Prov. Cong, and of Committee of Safety, 211. Queens County, land grants in, 8 ; ac- tion of, on Association, 172 ; elects delegates to Provincial Convention, 189 ; but they are not allowed to vote, 190, 191 ; elects delegates to first Prov. Cong., 202, 208 ; signers and non-signers of the Association in, 215 ; refuses to elect delegates to sec- ond Prov. Cong., 2.37 ; strong loyalist sentiment in, 238 ; boycotted by sec- ond Prov. Cong., 238 ; measures takei. to suppress loyalists of, 244, 245 ; elects delegates to third Prov. Cong., 258 ; measures of third Prov. Cong, to suppress loyalists of, -263, 265; declares loyalty to England, 275, 276. Quorum, in Committee of One Hundrea, 198 ; in first Prov. Cong., 207, 209 ; rule for, ignored in first Prov. Cong., 210 ; difficulty of securing, in Com- mittee of One Hundred, 226 ; ana also in the second Prov. Cong., 232, 234 ; and in the Committee of Safety, 235 ; reduction of, in Committee of One Hundred, 235 ; of county delega- tions, 207, 258 ; presents no difficulty in third Prov. Cong., 260 ; difficulty of securing, in fourth Prov. Cong., 276. Radicals. (See Sons of Liberty, Party.) Ramsey, John, member of Committee of One Hundred, 226. Randall, Thomas, charter member of Chamber of Commerce, 61 ; member of Committee of Twenty-Five, 113 ; and of the Fifty-One, 114 ; resigns from the Fifty-One, 126, 127 ; mem- ber of Committee of Fifteen, 132 ! and of the Sixty, 168 ; and of the One Hundred, 197 ; delegate to the second Prov. Cong., 232 ; and to the third Prov. Cong., 257, 258. Rapalje estate, 8. , Daniel, member of assembly, 177 ; and of first Prov. Cong., 207 ; but never attends, 209 ; refuses the As- sociation, 215. . John, member of assembly, 177. Ray, Isaac, member of second Prov. Cong., 232 ; and of Committee of One Hundred, 226 ; defeated in elec- tion for third Prov. Cong., 257, 258. , Nicholas, proposes to form a Liberty Club, 48. , Robert, member of Committee of One Hundred, 198 ; defeated in elec- tion for third Prov. Cou'g., 257, 258. Reade, John, member of Committee of One Hundred, 198. Regulation Act, tor reorganizing East India Company. 97 ; for government of Massachusetts, 221. Remonstrance to the Commons, voted by the assembly, 177; rejected by the Commons, 222. Remsen, estate, 8. , Henry, member of Committee of Inspection, 75 : and of the Twenty- Five, 113 ; and of the Fifty-One, 114 ; and of the Fifteen, 1.S2 : motion of, for electing delegates to first Cent. Cong., 134 ; acting chairman of the Fifty-One, 163 ; member of Commit- tee of Sixty, 168 ; and of the One Hundred, 197 ; and of the third Prov Cong., 257, 258 ; helps to draw rt port on new government, 269. Repeal of Stamp Act, 50 ; celebrations of, by Sons of Liberty, 85, 86. Representative government, establish- ment of, in New York, 5 ; a class privilege only, 15. Resignatioh, of the radicals from the Committee of Fifty-One, 126, 127 ; of John Alsop from the Cont. Cong 274. Restraining Act, directed against the New York Assembly, 56 ; never opera- tive, 57 ; protest against, 64 ; on the [312] INDEX 313 trade of the New England and South- ern colonies, 220 ; on the trade of all the colonies, 250. Retailers, the, agree to support the merchants' association, 30, 63. Revolution, two movements in the American, 5 ; incorrect views of the American, 52 ; thought by many to be precipitated by the Association of the first Cont. Cong., 156. Revolutionist party. (See Party.) Rheinbeck, Dutchess County, 189. Rhode Island, Sons of Liberty in, 47. Richards, Captain, joins Isaac Sears' ei pedition, 246. Richmond County, land grants in, 8 ; refuses to send delegates to Provin- . cial Convention, 191 ; elects delegates to first Prov. Cong., 203 ; urged to elect delegates to second Prov. Cong., ii33 ; but refuses, 237 ; and is boy- cotted by congress, 238 ; and finally elects delegates to second Prov. Cong., 238 : measures taken to suppress loyalists in, 244, 24B ; elects dele^ gates to third Prov. Cong., 258 ; reso- lutions of the third congress on loyalists of, 263. Riots, of the Stamp Act period, 29 ff. ; as result of Currency and Townshend Acts, 76, 79 ; effect of, on parties, 34, 83, 92 ; after the battle of Lexington, 193. Ritzema, Rudolphus, member of Com- mittee of Sixty, 168 ; and of the One Hundred, 197. Rivington, James, Isaac Sears and Cap- tain Richards destroy the presses of, 246. Robinson, Beverly, conservative In the Stamp Act period, 33. , , delegate to the second Prov. Cong., 233 ; not returned to the third Prov. Cong., 260. , James, member of Provincial Con- vention, but not allowed to vote, 190, 191 ; active member of the first Prov. Cong., 209. Rochester, Ulster County, 189. Rockingham, 138. Rogers, Nathaniel, Boston importei., tries to get New Tork to modify the Association, 88 ; is hanged in effigy by the radicals, S9. Roome, Henry, member of Committee of One Hundred, 226. , John, member of Committee of Sixty, 168. Roosevelt, Isaac, member of Committee of Sixty, 168 ; and of the Prov. Con- vention, 185, 186 ; and of the Com- mittee of One Hundred, 197 ; and ol the first Prov. Cong., 206, 209 ; and of the third Prov. Cong., 257, 258. , Nicholas, member of Committee of Sixty, 168 ; and of the One Hun dred, 197. Royal Irish Regiment, 193. Rules of Procedure, of the Committee of Pif ty-One, 117 ; of the first Cont. Cong., 148 ; of the first Prov. Cong., 207 ; of the Committee of One Hun- dred, 198, 235 ; of the second Prov. Cong., 234 ; of the third Prov. Cong., 261 ; of the fourth Prov. Cong., 275, 276. Rumbout, Dutchess County, 189. Rural Counties. (See Counties.) Rutgers family, 10. , Adrian, member of second Prov. Cong., 232 ; defeated for the third Prov. Cong., 257, 258. , .\nthony, member of second Prov. Cong., 232 ; and of the third, 25V, 258. Ruthford, Walter, 38. Rutledge, Edward, on the authority of the first Cont. Cong., 143; favors Galloway's Plan, 149. Rye, 140. St. Eustatia, illegal trade with, 23. Sands, Comfort, member of Commit- tee of Sixty, 168 ; and of the One Hundred, 197 ; and of the second Prov. Cong., 232 ; and of the Com- mittee of Safety, 234; and of the third Prov. Cong., 257, 258. Schuyler estate, 9. family, 13. , Peter, delegate to second Prov. Cong., 192. , Philip, elected to the first Cont. Cong., 140 ; leader of the conserva- tives in the assembly, 176, 177 ; recommends Albany to elect delegates to the second Conl. Cong., 187; a member of the Prov. Convention, 188 ; disarms loyalists in Tryon County, 245. Scott, John Morin, candidate for the Assembly, 19 ; bitterly opposed by the Merchants, 20 ; a leader ta the pop- [313] 314 INDEX ular party, 26 ; in the Stamp Act troubles, 35, 38 ; one of the founders of the Whig Club, 49 ; strongly op- posed to the Stamp Act, 59 ; candi- date for the Assembly, but Is de- feated, 59, 75 ; discredited by tea episode. 111 ; nominated by radicals for first Cont. Cong., 122 ; great in- fluence with the people, 130, 131 ; member of Committee of One Hun- dred, 198 ; and of the first Prov. Cong., 206, 209 ; and of the Commit- tee of Safety, 211 ; encouraged by the elections for the second Prov. Cong., 233 ; member of second Prov. Cong, and of the Committee of Safety, 234 ; makes motion on Lord North's Resolution, 241 ; confers with committee from the Cont. Cong., 247 ; helps to destroy Loudon's pamphlets, 252 ; member of third ProT. Cong., 257, 258 ; thinks con- gress has authority to form new government, 267 ; member of com- mittee on new government, 268. Seabury, Samuel, hopes first Cont. Cong, will achieve conciliation, 141 ; pamphlets of, 159, 175 ; has no hope of conciliation by extra legal meth- ods, 213 ; arrested by Isaac Sears and sent to Connecticut, 246. Seaman, Benjamin, member of As- sembly, 177. , Zebulon, member of Assembly, 177. Sears, Isaac, leader of the mob in Stamp Act period, 35 ; unknown be- fore the Stamp Act troubles, 49 ; characterization of, 50 ; member of the Committee of Inspection, 75 ; always an extreme radical, 76 ; pre- sides at mass-meeting, 92 ; resigns from Committee of Inspection, 92 ; leader of the radical opposition to the landing of the tea, 107 ; dis- credited by the tea episode. 111 ; member of Committee of Twenty-Five, 113 ; and of the Fifty One, 114 ; au- thor of alleged letter to Boston pri, posing a continental congress, 118 ; resigns from Committee of Fifty-One, 126, 127 ; member of the Committee of Fifteen, 132 ; and of the Sixty, 168 ; leader of the mob, 193 ; mem- ber of the One Hundred, 197; rt places FoUiot as member of first Prov. Cong., 206 ; active member of the congress, 209 ; cares nothing for conciliation, 213 ; proposes to force British barracks, 218 ; hi case of bom- bardment of New York, his house to be battered down first, 226 ; member of second Prov. Cong., 232 ; char- acterization of, by Charles Lee, 245 ; destroys Riyington's presses, 245, 246 ; damns the congress, 248 ; helps destroy Loudon's pamphlets, 252 ; de- feated for the third Prov. Cong., 257, 258. Seaton, William, member of the Com- mittee of One Hundred, 198. Secrecy, Oath of, administered to dele- gates to first Prov. Cong., 223. Sectionalism, (see States Rights). Seeley, Israel, member of first Prov. Cong., but does not attend, 209 ; re- fuses the Association, 215 ; Is not returned to the second Prov. Cong., 233. Sentinel, Ticket of, for third Prov. Cong., 257. Sharp, Richard, member of Committee of Twenty-Five, 113 ; and of the Fifty-One, 114 ; and of the One Hun- dred, 198. Shaw, Charles, member of the Commit- tee of Fifty-One, 114. Shelter Island, 137. Sherbrooke, Miles, charter member of Chamber of Commerce, 61 ; member of Committee of Fifty-One, 114. Ships, not permitted to clear for Boston or Halifax, 200 ; forbidden to leave port, 223; the Prov. Cong, has dif- ficulty in establishing satisfactory re- lations with the British, 218, 219, 248, 249, 250. Showangnuk, Ulster County, 171. Silvester, Peter, elected provisionally to first Cont. Cong., 140 ; member of first Prov. Cong., 209 ; member of second Prov. Cong, but not returned to the third, 260. Sixteenth Regiment of Foot, hand bill, 82. Sixty, Committee of, (see Committee). Slave trade. (See Association.) Smith estate, 8. Smith, George, member of first Prov. Cong., 207 ; but does not attend, 203 ; refuses the Association, 215. [314] INDEX 315 , Thomas, member of Committee of One Hundred, 198; and of the first ProT. Cong., 206 ; and of the second ProT. Cong., 232; introduces resolu- tions on conciliation, 239 ; which are amended, 240 ; is not returned to the third Prov. Cong., 260. , William, leader of popular party, 26 ; in the Stamp Act troubles, 38 ; founder of the Whig Club, 49 ; mod- erator in a South Haven meeting, 187 ; plan of, for conciliation, 239, 240 ; suggests a new assembly to Governor Tryon, 241 ; furnishes Ji- formation to Howe, 243 ; arrest or- dered, 264. Smuggling. ( See Illegal Trade ; As- sociation.) Social classes, in colonial period, 8. Soldiers, liberty pole cut down by British, 81. Sons of Liberty, the name begins to be used, 41 ; beginning of organization of, 42-44 ; not joined by upper classes, 44, 45 ; Inter-coIonlal or- ganization of, 45-48 ; significance of, 49, 50, 51 ; aroused by the appear- ance of customs commissioners, 58 ; support De Lancey's party, 60, 75 ; stir up the mob to oppose the pro- vision bill, 73, 74 ; resort to mob violence, 79-81 ; are ridiculed, 82 ; op- posed to modification of the non-Im- portation association, 89-92 ; de- feated in city elections, 93 ; weafc- ened by growing conservatism of merchants, 93 ; never heard of from 1770 to 1773, 96; new association of, 105 ; effect of tea episode on, 110, 111 ; no evidence that they first pro- posed the continental congress, 118 ; organization of, continued as Com- mittee of Mechanics, 120. (See Party; Committee; Asssoclation.) South Carolina, Sons of Liberty in, 48 ; disapproves of New Tork Assembly, 178 ; letter from, urges New York to form Prov. Cong., 201. Southhaven, 137. Specie, lack of, in New York has sserious economic effects, 70, 72. (See Currency. ) Spooner, Paul, member of second Prov. Cong, but not returned to the third, 260. I Stamp Act, the, provisions of, 25 ; op- position to, 26, 28-35 ; question of evading or violating, 35 ; extent to which it was violated, 35, 36, 40; effect of, on different classes, 36 ; different methods of resisting, 37, 88, 39 ; celebration of the repeal of, 49, 85, 86 ; effect of, on party develop- ment, 49, 50 ; English merchants pe- tition for repeal of, 50 ; repeal of, 50, 51 ; repeal of, secures only partial tranquillity, 53. Congress. (See Congress.) episode, general result of, 51 ; reaction from the violence of, 52 ; effect of, on men of property, 81- 35 ; compensation granted for prop- erty destroyed during, 53, 55. distributors, 28, 42. Stamped paper, how landed, 29 ; given over to the city corporation, and de- posited in the city hall, 34 ; second shipment of, disposed of in the same way, 34 ; third shipment of, burned in the ship yards, 42. State government, formation of, a problem of the third Prov. Cong., 261, 265 ft. ; report of the committee on, 268 ; no opposition to formation of, in county elections for fourth Prov. Cong., 273 ; formed by fourth Prov. Cong., 275 ; made as strongly centralized as possible, 276. Staten Island. (See Richmond County.) States Eights, first appearance of sentiment of, 212, 247, 272. Sterling, William Alexander, commonly called Lord, brings four companies into New York, 248 ; succeeds Charles Lee in the New York command, 249. Stevens, John, conservative in Stamp Act troubles, 33. Stillwell, Richard, member of first Prov. Cong., 207 ; but never attends, 209 ; refuses the Association, 215 ; not re- turned to second Prov. Cong., 233. Stoutenberg, Isaac, member of Commit- tee of One Hundred, 226 ; and of the second Prov. Cong., 232 ; and of the third Prov. Cong., 2B7, 258. Strong, Selah, elected to first Prov. Cong., 205 ; but rarely attends, 209 ; member of second Prov. Cong., 233 ; and of the third Prov. Cong., 260 Stuyvesant estate, 9. [315] 316 INDEX Suffolk County, Massachusetts, Resolu- tions ol, how regarded In England, 146 ; adopted by first Cent. Cong., 147 ; strong opposition to, suppressed in first Cont. Cong., 147, 148 ; im- portance of, 148, 149, 159. ^ New York, land grants in, 8 ; committee appointed in, 137 ; elects delegates to first Cont. Cong., 139; adopts the Association, 170; elects delegates to Prov. Convention, 188 ; and to the first Prov. Cong., 205 ; signers of the Association In, 215 ; elects delegates to third Prov. Cong., 259 ; declares loyalty to Eng- land, 275, 276. Suffrage, the, in the colonial period, 6, 10, 11, 14 ; the question of, of vital Importance in the Revolution, 111 ; conservatives not able to secure limitation of, 166 ; in election for second Cont. Cong., 181 ; in election for second Prov. Cong., 227, 231 ; In election for third Prov. Cong., 252. Sugar Act. the, 24 ; opposition to, 28, 29 ; modified in 1766, 51 ; provisions of, 67. Supervisors of Cumberland County, neglect to communicate the New York letter, 137, 138. Sutton, William, 190. Swart, Direk, member of first Prov. Cong, but rarely attends, 209 ; not returned to second Prov. Cong., 233. Talman. .John, member of Prov. Con- vention, but ha« no vote, 190, 191. Tar and feathers, used on the loyalists, 265. Taxation, rights of the colonies In, 177 ; first Prov. Cong, cannot resort to, 217, 218 ; possibility of, raised in sec- ond Prov. Cong, but passed over, 251 ; bearing of, on independence, 255. (See Confiscation.) Tea, smuggled from Holland, 84 ; ex- cluded by association of first Cont. Cong., 151 ; sale of, for raising rev- enue suggested by first Prov. Cong., 217. (See East India Co.) -Agents. (See Consignees.) episode, 94 ff. ; effect of, on par- ties, 111. Temple, Richard, Earl, the source of many of Almon's anecdotes of Chat- ham, 100. Templeton, Oliver, member of Commit- tee of One Hundred, 198. Tenants, on the great estates, 12 ; al- lowed to vote for delegates to second Prov. Cong., 227 ; and for delegates to the third and fourth, 252. Ten Broeck, Abram, conservative leader in assembly, 176 ; member of the Prov. Convention, 188 ; and of the second Prov. Cong., but not returned to the third, 260. Ten Eyek, Richard, member of Com- mittee of One Hundred, 226. Tenures. (See Manors; Freeholds.) Thomas, John, member of assembly, 176 ; memBer of second Prov. Cong., but not returned to the third, 260. Tnompson, Achison, charter member of Chamber of Commerce, 61. Thome, Richard, member of first Prov. Cong, but rarely attends, 209. Thurman, John, in Stamp Act troubles, 38 ; member of Committee of Inspec- tion, 75 ; and of the Fifty-One, 114 ; makes motion to disavow radical meeting in the Fields, 126 ; presides at meeting of conservatives, 181. Times, the, handbill, 82. Tories. (See Party, loyalist.) Totten, Joseph, member of Committee of Sixty, 168 ; and of the One Hun- dred, 197. Townsend, James, member of third Prov. Cong., and of the fourth, 258. , John, arrest ordered, 264. Townshend, Charles, colonial legislation of, 56. Trade, system of colonial, 65 ; plan of first Prov. Cong, for control of, 214 ; to be revived by declaration of In- dependence, 254. (See Illegal Trade.) Acts, certain, passed in 1766 to facilitate colonial commerce, 51 ; Townshend acts and colonial com- meroe, 52, 56, 57, 58, 60, 64, 65, 78, 87 ; merchants petition for relief from, 55 ; Chatham's opinion of the petition for relief from, 55 ; petition of assembly for relief from, 64 ; eflfect of the. 65, 67, 68 ; colonial eom- mpvce must be readjusted to conform to, 68, 69 ; lack of specie makes it difllcult to p- tee of One Hundred, 198. , John, member of first Prov. Cong., 206 ; and of the third, 257, 258. , Philip, member of first Prov. Cong., 207, 208; member of third Prov. Cong., but does not attend, 232. , Pierre, member of second Prov. Cong, and of Committee of Safety, 234. Dam family, 10. , Anthony, charter member of Chamber of Commerce, 61 ; member of Committee of One Hundred, 198. Vandeput, Captain, 219, 224, 226. Van der Spiegel, John, 38. Voort, Peter, member of Committee of Inspection, 75 ; re- signs from the committee, 92. Waters, 242. Dyck, Francis, member of Commit- tee of Mechanics, 135. Horn, Augustus, member of Com- mittee of One Hundred, 198. , David, in Stamp Act period, 38 : member of Committee of Fifty- One, 114. Ness, Peter, candidate tor second Prov. Cong., 230. Rensselaer, estate of, 9 ; family of, 13, 14. . Robert, member of first Prov. Cong., 209. [317] 318 INDEX Schaack, Henry, compensated for losses in Stamp Act riots, 53 ; elect- ed provisionally to first Cont. Cong., 140. , Peter, a friend of Liberty and Trade, 87 ; member of Commit- tee of Fifty-One, 114 ; draws up rules for the committee, 117 ; member of Committee of Sixty, 168 ; joint author of the Association of April 29, 196 ; member of Committee of One Hun- dred, 197 ; interested in the Kinder- hook contest, 230, 231 ; arrest or- dered, 264. Varck, James, member of Commit- tee of Fifteen, 132. Voorhees, Jacob, member of Com- mittee of Sixty, 168. • , James, member of Commit- tee of One Hundred, 197. Wagenen, Herbert, member of Com- mittee of Inspection, 75. ■ Wyck, Theodore, candidate for As- sembly, 19 ; member of Committee of Inspection, 75 ; and of second ProT. Cong., 232. — — iandt. Jacobus, member of Com- mittee of Twenty-Five, 113 ; and of the Fifty-One, 114 ; resigns from tne FUty-One, 127 ; member of Commit- tee of One Hundred, 197 ; and of the first Prov. Cong., 206 ; and of the third ProT. Cong., 257, 258. , Peter P., member of the Committee of One Himdred, 226 ; and of the third Prov. Cong., 257, 258. Ver Planck, Samuel, charter member of Chamber of Commerce, 60 ; member of Committee of Inspection, 75 ; and of the One Hundred, 198 ; and of the first Prov. Cong., 206, 209. View of the Controversy, a, by Seabury, 159. Virginia, disapproves of conduct of New York Assembly, 178 ; delegates of, instructed to move independence 271. Vosbarg, Cornelius, 230. Voting, method of, m colonial period, 15 ; in first Prov. Cong., 207. Waddle, Robert' R., charter member of Chamber of Commerce, 61. Wallace, Alexander, member of the Com- mittee of Fifty-One, 114. , Hugh, charter member of Cham- ber of Commerce, 60. , Hugh and Alexander, firm or, recommended as consignees for the East India Company's tea, 102. Wallkill, Ulster County, 171. Walpole, Thomas, gives information on American tea trade, 100. Walton family, 10. , Abram, member of Committee oi Twenty-Five, 113 ; and of the Fifty- One, 114 ; and of the Prov. Con- vention, 185, 186 ; and of the One Hundred, 197 ; and of the first Prov. Cong., 206, 208 ; refuses the Associa- tion of April 29, 215 ; defeated In election for second Prov. Cong., 232. , Jacob, member of assembly, 19 ; charter member of Chamber of Com- merce, 60 ; member of Committee of Inspection, 75 ; conservative in tea episode, 107 ; member of assembly's committee of correspondence, 177 ; ar- rest ordered, 264. , Thomas, member of Committee of Inspection, i75. , William, charter member of Cham- ber of Commerce, 60; a friend of Liberty and trade, 87 ; member of Committee of Fifty-One, 114 ; and of the Sixty, 168 ; and of the One Hundred, 197. Ward, Samuel, member of second Prov. Cong., but not returned to third, 260. Washington, George, General, views of, in 1774, 143 ; arrives in New York, 218 ; appointed Commander in Chief by the Cont. Cong., 221 ; prohibits intercourse with the British ships, 249, 250 ; loyalist plot to capture, 265 ; authorized to suppress loyalists, 265 ; dissatisfied with New York Congress, 272. Waterbury, Colonel, denies authority of Prov. Cong., 247 ; marches a regiment into New York, 248; thinks the united colonies ought to crush New York, 248. Watkins, David, member of first Prov. Cong., 209 ; refuses the Association of April 29, 215. Westchester County, land grants In, 9 ; manors in, 9 ; authorizes New York delegates to act, 140; elects delegates to Prov. Convention, 190, 191 ; [318] INDEX 319 ana to the first Prov. Cong., 203; loyalsts in, arrested by Isaac Sears, 246 ; elects delegates to third Prov. Cong., 259 ; resolutions of Congress on loyalists of, 263. West , Indies, the, commercial Import- ance of, 65. Westminster, 138. Whig Cflub, the, not the origin of the Sons of Liberty, 49. White, Henry, asks for consignment of East India Company's tea, 102. , John, member of Committee of Sixty, 168. , Thomas, charter member of Cham- ber of Commerce, 60. White Plains, 140, 173, 190. Wickham, Daniel, member of Commit- tee of One Hundred, 226. "Wilkes of America," the, 81, 87. Wilkins, Isaac, loyalist leader in As- sembly, 175, 176, 177 ; opposes elec- tion of delegates to Provincial Con vention, 191 ; has no hope of con- ciliation through extra-legal organi- zation, 213. Willett, Marinus, radical leader in Stamp Act period, 49 ; leader of the mob, 193, 218, 219 ; enters army, 245. Williams, Henry, member of first Prov. Cong., and of Committee of Safety, 211 ; refuses to be bound for money loaned to Prov. Cong., 217. , John, elected to third Prov. Cong., but declines to serve, 258. , Nathaniel, member of Committee of Sons of Liberty at Huntington, 46. , Zebulon, (formerly Seaman) mem- ber of Prov. Convention, but not allowed to vote, 190, 191 ; member of first Prov. Cong., 207 ; but rarely at- tends, 209. (See Seaman, Zebulon.) Willis, James, 190. Wills, William, member of second Prov. Cong., but not returned to third, 260. Wines, excluded by the Association of first Cont. Cong., 151. Wisner, Henry, member of first Cont. Cong., 139 ; and of second Cent. Cong., 192. Witnesses, paid, used by third Prov. Cong., 264. Woodhull. Jesse, member of first Prov. Cong., but rarely attends, 209 ; re- fuses the Association, 215 ; and is not returned to second Prov. Cong., 233. , Nathaniel, member of first Prov. Cong., 209. Woodward, John, member of Commit- tee of One Hundred, 198. Writs of Assistance, 56, 57. Wynkoop, Dirck, member of second Prov. Cong., but not returned to third, 260. Yates, Abram, member of Prov. Conven- tion, 188 ; and of first Prov. Cong., 209.' , Richard, member of Committee of Twenty-Five, 113 ; and of the Fifty- One, 114; and of the One Hundred, 197; and of the first Prov. Cong., 206 : not returned to second Prov. Cong., 231. , Robert, elected provisionally to first Cont. Cong., 140. Yoxmg, Hamilton, member of the Com- mittee of Fifty-One, 114 ; and of the One Hundred, 197. [319] Economics, Political Science, and History Series VOLUME I (Complete in three numbers, with title-page, taMe of contents, and index.) No. 1. 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