CORNELL UNIVERSITY LIBRARY BOUGHT WITH THE INCOME OF THE SAGE ENDOWMENT FUND GIVEN IN 1891 BY HENRY WILLIAMS SAGE Cornell University Library F 128 .3.W74 Mfmorial hlstorv,,o« the aty of 1^^^^^ 3 1924 024 757 290 o«",o..i Date Due j^fe=^ ^6tf fflr»H§^ PRINTED IN [«? NO. 23233 li^ m m 'm/, ■<' m ^^ i^^ Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924024757290 THE MEMORIAL HISTOEY OF THE CITY OF NEW-YORK (c; bi/ Williams ticuhork Jy THE MEMORIAL HISTORY OF THE CITY OF NEW- YORK FROM ITS FIRST SETTLEMENT TO THE YEAR 1892 EDITED BY JAMES GEANT WILSON VOLUME 11 NEW-YORK HISTORY COMPANY 132 NASSAU STREET 1892 Copyright, 1892, by the New-Yoek History Company PRINTED AT THE DE VINNE PRESS. To BENJAMIN HARRISON PRESIDENT OF THE UNITED STATES THIS VOLUME IS DEDICATED BY HIS FEIEND THE EDITOR Manna-hata, the Handsomest and most pleasant country that man can behold. Henry Hudson. The Island of New- York is the most beautiful island that I have ever seen. Hessian Officer, in " Stone's Revolutionary Letters," 1891. She is a Mart of Nations. . . . The crowning city, whose merchants are princes, whose traffickers are the honorable of the earth. Isaiah, xxiii. History maketh a young man to be old, without either wrinkles or gray hairs, privileging him with the experience of age without either the infirmi- ties or inconveniences thereof. Thomas Fuller. This is a great fault in a chronicler, to turn parasite : an absolute history should be in fear of none ; neither should he write anything more than truth, for friendship, or else for hate, but keep himseK equal and constant in all his discourses. Simon N. H. Lingubt. Industrious persons, by an exact and scrupulous diligence and obser- vation, out of the monuments, names, words, proverbs, traditions, private recordes and evidences, fragments of stories, passages of bookes that concern not story, and the like, we doe save and recover somewhat from the deluge of Time. Francis Baoon. They who make researches into Antiquity may be said to passe often through many dark lobbies and dusky places before they come to the Aula lucis, the great hall of hght ; they must repair to old Archives and peruse many molded and moth-eaten records, and so bring to light, as it were, out of darkness, to inform the present world what the former did, and make us see truth through our Ancestor's eyes. Jambs Howell. I was surprised to find how few, if any, of my fellow-citizens were aware that New- York had ever been called New Amsterdam, or had heard of the names of its early Dutch governors, or cared a straw about their ancient Dutch progenitors. ... A history to serve as a foundation, on which other historians may hereafter raise a noble superstructure, swelling in process of time, until Knickerbocker's New- York may be equally voluminous with Gibbon's Eome, or Hume and Smollett's England. "Washington Irving. TABLE OF CONTENTS CHAPTER I PAGE. The Eael op Bellomont and Suppression op Piracy, 1698-1701. The Rev. Ashbel G. Vermilye, D. I). 1 The Earl of Bellomont's Previous History — His Position with Regard to Leisler Known— Encounter with the Trade Abuses — Vacation of Land Grants made by Fletcher— The Governor's Experiences in Boston— Capture of "William Kidd the Pirate— Return of Governor Bellomont to New- York, and his Death there — Lieutenant-Governor Nanfan Assumes the Govern- ment—The City Hall in Wall Street BuUt— Contested Election for Alder- men— Trial of Colonel Nicholas Bayard for High Treason— Lord Cornbury Arrives and Releases him— Burgomasters of New Amsterdam — Mayors of New- York before the Eighteenth Century. CHAPTER II The Administration op Lord Cornbury, 1702-1708. William L. Stone. 55 Cornbury's Previous History — Appoints Daniel Homan Secretary of the Province— The Governor's Reception at New- York— He Takes Sides with the Anti-Leisler Party— The Bayard Affair- An Epidemic Fever Rages in the City — Cornbury Retires to Jamaica, L. I., and Seizes the Presbyterian Parsonage— He Visits Albany and Confers with the Indians — Cornbury is Appointed Governor of New Jersey — The People's Eyes Opened to the Gov- ernor's Character — "The French Scare" — Cornbury's Misapplication of Funds Raised for Defense — A Provincial Treasurer Appointed — The Assem- bly Proves Refractory — Cornbury in New Jersey — Death of Lady Corn- bury — Two Presbyterian Preachers Imprisoned by the Governor — The "King's Farm and Garden" Granted to Trinity Church — Resolutions of the Assembly Reflecting on Cornbury — He is Recalled by the Queen, and his Creditors Place him in a Debtors' Prison — Description of New- York in 1704 — Prominent Citizens and Merchants — Key to Map of New- York. CHAPTER III Lord Lovelace and the Second Canadian Campaign, 1708-1710. The Editor. 93 Various Celebrated Persons of the Name of Lovelace — The Lovelace Ge- nealogy, Tracing the Relationship between Governors Francis Lovelace and VIU HISTOEY OF NEW-TOKK Lord Lovelace — Loyalty to the Protestant Succession of the Barons of Hurley — John, Lord Lovelace, Appointed Governor of New- York and New Jersey— The Flemish Campaign of 1708 under Marlborough— The Governor Lands at Flushing, L. I., and Catches Cold in Proceeding to New-York— Eeeeption and Expectations— A New Assembly is Elected and Meets the Governor— The "Contest that Ended in Independence" Begun— Ebenezer Wilson, Mayor of the City — Extent of the City and Price of Lots— The Ap- pearance of the Streets, Mode of Paving, Fire Apparatus— Manufactures Eepressed by the Mother-country— Beginning of German Immigration — Sickness and Death of Lord Lovelace and his two Sons— Richard Ingoldesby Assumes the Government as Lieutenant-Governor —The Canadian Campaign of 1709 under Colonels Nicholson and Vetch- Its Failure— Schuyler Goes to England with Five Indian Chiefs. CHAPTER IV Robert Hunter and the Settlement op the Palatines, 1710-1719. GliarUs Burr Todd. 121 Robert Hunter's Ancestry — His Previous Career — Extraordinary Powers Conferred on him by Reason of the War — Three Thousand Palatines Accom- pany the Governor to America — Unhappy Condition of Germany — Palatines Sent over to Produce Naval Stores — Hunter is Induced to Locate them along the Hudson, above Newburgh — Trouble with the New Jersey Council — Assembly of New- York Refractory — Hunter Attacked by Episcopal Clergy- men — The Third Canadian Campaign also Ends in Failure — A Negro Plot in New- York City — The Palatines Begin to Complain of their Situation — Make their Way to Schoharie Lands — Affairs in the City in Hunter's Time : Census, Shade- trees — The Portraits of the Four Indians — Social Life in New-York — Queen Anne Dies, and George I. is Proclaimed — Governor Hunter Returns to England — His Cordial Words to the Assembly, and its Reply in Kind — "The Spectator" on the Visit of the Indians to England. CHAPTER V The Administration op William Burnet, 1720-1728. William Nelson. 151 An Exchange of OfBoes — Cordial Reception of Governor Burnet — Exclu- sion of French Traders — The Governor's Marriage in New- York — Confer- ence with the Indians at Albany — The Governor's Social Tastes — Manners, Dress, and Amusements — Slavery and Labor in the City — Punishment of Negroes — Streets, Population, and Value of Real Estate — Commerce, Ship- ping, and Pirates — A Curious Range of Subjects before the Assembly — Municipal Finances — Burnet's Literary and Scientific Studies — His Judicial Functions —Excites the Resentment of Prominent Citizens — Death of Mrs. Burnet— The Governor is Removed to Massachusetts — Expressions of Com- mendation — Note on the Mayors of this Period. TABLE OF CONTENTS ix CHAPTER VI The City Under Govbenoe John Montgombrie, 1728-1732. TJie Bev. Daniel Van Pelt, A. M. 179 Accession and Character of George II.— The Character and Temper of the NewGrovernor— Aa Uneventful Administration ^The City in 1728: the Vari- ous Streets, and How far Built upon — A View of the City from Brooklyn Heights — The "Kolk," or Collect Pond: its Unwholesome Condition — The Montgomerie Charter Petitioned for and Granted— The Circumstances At- tending its DeUvery— Its Leading Features —The Inception of the New- York Society Library — Commerce and Manufactures in the City— Death of Gov- ernor Montgomerie— He is Succeeded by Eip Van Dam, President of the Council — New Dutch Church on Nassau Street Built — Census of the State in 1731— A Description of New- York in 1737— List of Citizens Admitted as Freemen from 1683 to 1740. CHAPTER VII William Cosby and the Feeedom op the Pbess, 1732-1736. Eugene Lawrence. 209 Favorable Circmnstances Insuring a Welcome to Governor Cosby — Con- dition of Province and City Disadvantageous in Many Eespects — The Be- gbining of Trouble between Cosby and the Assembly — Controversy with President Van Dam — Marriage of Cosby's Daughter with a Son of the Duke of Grafton — The Governor Dismisses Chief Justice Lewis Morris — Gaieties at the Mansion in the Fort — The City at this Time — Party Spirit and its Con- sequences — The Popular Party Attack the Governor in Zenger's "Weekly ^ Journal" — The Story of a Threatening Letter — Literary Men Few in Number in New- York — An Election at Morrisania Described — War with the French in the Canadas — Zenger is Arrested for Libel — The Famous Zenger Trial — Andrew Hamilton's Noble Defense — Death of Cosby — George Clarke be- comes Lieutenant-Governor — Increase of the Power of the Popular Partj' — The Negro Plot of 1741 — Condition of the City during the "Hard Winter" of 1741-1742— Mayors of New- York. CHAPTER VIII George Clinton and his Contest with the Assembly, 1743-1753. John M. Gitterman, Fh. B. 259 A Unique Period — The Rise of Parties, and their Principles— Previous History of Governor Clinton, and his Characteristics — Eolations with Chief Justice James De Lancey — Admiral Sir Peter Warren, De Lancey's Brother- in-law — The Governor Recommends CadwaUader Colden for Lieutenant-Gov- ernor — The Assembly and the Appointing Power — Conference of Colonial Governors with the Indians at Albany — Conflict with the Assembly about the Revenue — Turbulent Character of Oliver De Lancey — Clinton's Lack of In- HISTOBY OF NEW-YOBK sight— Afeairs of Colonel Eioketts and the Man-of-war Greyhound— Gov- ernor CUnton is not Sustained by the EngHsh Authorities— Condition of the City at this Period— Chnton's Bequest for a Eeoall Granted— His Subsequent Career — Mayor Cruger's Experience on a Slave-ship. CHAPTER IX Sir Danvers Osborn and Sir Charles Hardy, 1753-1761. The Editor. 287 Arrival of Sir Danvers Osborn, and Enthusiastic Eeception by the Citizens —His Melancholy Forebodings— Sad Termination of the People's Joy— Lieu- tenant-Governor James De Lancey — His Cautious Management of the Poht- ieal Situation — Sir Charles Hardy is Appointed Governor — Prefers a Naval to a Civil Command— Lieutenant-Governor De Lancey Again iu Power — At His Death Dr. Cadwallader Colden Succeeds Him— Local Affairs in the City During this Period— Columbia (then King's) College and the Society Library Founded — Edward Holland and John Cruger (Jr.), Mayors — The Walton House — The French and Indian War — The Albany Congress and "Plan of Union" ia 1754 — The Earl of Loudoun in New- York City — Social Life In- fluenced by the Presence of the Troops — Prejudice Against the Theater — Mrs. Grant, of Laggan, on the " Court" at New -York — Address of Corporation to General Amherst — New- York City PoU List of 1761. CHAPTER X The Part of New- York in the Stamp Act Troubles, 1761-1768. John Austin Stevens. 325 General Eobert Monckton Appointed Governor — His Expedition to Marti- nique and Return to England — Lieutenant-Governor Colden and the As- sembly — Conduct and Consequences of the French and Indian War — Great Cost of the War — The Taxing of the Colonies a Question not of Burden, but of Rights — The News of the Passage of the Stamp Act — Origin of the Term " Sons of Liberty," and Associations Under that Name — The Idea of Union in Resistance Takes Shape — Sir Henry Moore Succeeds as Governor — A Con- gress of Colonial Committees — The First Non-Importation Agreement — Effects of the Arrival of the Stamped Paper — Sir Henry Moore's Moderation in the Crisis— Friction Between Troops and Citizens — The Repeal of the Stamp Act — The Quartering of Soldiers in the City Opposed — Parliament Again Adopts Oppressive Measures — The Chamber of Commerce Founded. CHAPTER XI The Second Non-Importation Agreement, and the Committees of Correspondence and Observation, 1769 - 1775. John Austin Stevens. 391 The New- York Merchants Again Agree not to Import — More Troops Sent to America — The New- York Assembly Assert the Right to Correspond with TABLE OF CONTENTS xi Other Colonies — Death of Governor Sir Henry Moore— First Blood of the Revolution Shed on Golden Hill— Defection of Other Cities Causes New- York to Abrogate the Non-Importation Agreement — Statues of George III. and William Pitt — The Earl of Dunmore Appointed Governor — A Return of General Harmony — Defenseless State of the City — Dunmore Transferred to Virginia, and Succeeded by William Tryon — The Burning of the Revenue Schooner Gaspee — Committees of Correspondence Everywhere Appointed — New- York Resolves to Resist the Landing of Tea— Fire in Fort George De- stroys the Province Mansion — Tryon Goes on Leave to England — A Tea Ship Arrives in the Harbor, and is Sent Back — The Committee of Fifty- one — New- York's Deputies to the First Continental Congress — Last Meet- ing of the Colonial Assembly of New- York — Tryon Ordered Back to America. CHAPTER XII Life m New -York at the Close op the Colonial Period. John Austin Stevens. 445 An Idyllic Picture — The Foundation of the Spirited Character of New- York's Population — Stimulus to Industries and Building — Various Edi- fices, Public and Private — Hospitality, and the Abundant Means for its Exercise — Manners and Amusements of the People — Rough Sports and More Elegant Entertainments — Lights in the Streets — The Year 1768 — Campbell's Description and Ratzer's Plan of the City — Number of Houses in 1768 — New -York the Center of Colonial Opinion — The Mission of New- York Commerce. CHAPTER XIII New- York during the Revolution, 1775-1783. Qen. Theophilus F. BodenhougJi, U. 8. A. [Retired). 469 New- York in the Opening Year of the Revolution — Society from a Hes- sian Officer's Standpoint — A Spirit of Unrest among aU Classes — " The News from Lesdngton" — Marinus WiUett stops the Removal of British Stores — Echoes from Bunker HiU, and Measures for the Defense of the City — New- York Becomes the Center of Operations — Washington Arrives and Takes Command^ — The Declaration of Independence Published to Troops and Citizens^Lord Howe's Proffer of the "OHve-Branch'' and "Misdirected" Letter to Washington — The Battle of Long Island — The British Proceed to Occupy New- York — Battle of Harlem Heights: its Precise Locality — Sur- render of Fort Washington, the last Patriot Stronghold on Manhattan Island — Occupation by the British Army, and its Effects upon Life in the City — Benedict Arnold in New- York — The Military Prisons — Restoration of the City Records — The End of the War, and Evacuation by the British — Triumphal Entry of the Continental Troops — Washington's Farewell to his OfBcers at Fraunces' Tavern — His Good Wishes for the Future of the City — The Lafayette-CarHsle Correspondence — Contemporary Sketches of Promi- nent Men of the Times. Xil HISTOET OF NEW-YOKK CHAPTER XIV Constitutional and Legal History of New- York in the Eigh- teenth Century Bolert Ludlow Fowler. 575 The Importance to a History of its Law of tlie Introduction of Printing in New- York — Some Important Cases — The Court of Chancery: Why Un- popular in New- York — Constitutional Bearings of the Zenger Trial — The Negro Plot, and Its Lessons in Criminal Procedure — Component Party of Positive Law in New- York in 1775 — The Struggle for Legislative Supremacy and " Taxation by Consent" — The New- York Bar at the Close of the Colonial Period — Change from Provincial to State Government in 1777 — The Royal- ist Government from 1776 to 1783— Effect of the Articles of Confederation and the Federal Constitution upon the State — Changes in Laws and Re- maining Enghsh Statutes — The Restriction of the Death Penalty — The Chancellor of New- York — Character of the "Lawyer Class" Under the New Constitution — The Patenting of Lands for Sums beneath their Value — New- York City Interests Subordinated to those of the Rural Parts. Table op Dates in New -York History 631 LIST OF STEEL-ENGRAVINGS. ARTIST. PAGE. John Jay Stuart Frontispiece. William "Walton Gray Face 121 Heney White Copley " 259 John Ceuger Hicks " 325 George Clinton Trumbull " 445 RuFus King Stuart " 575 LIST OF FULL-PAGE ILLUSTRATIONS. Lord Bellomont Reviewing Colonel De Peyster's Reguient ... 37 The Test Act 175 The Montgomerie Charter (Pac-simile of a Part) 198 Royal Seal attached to the Montgomerie Charter 201 FAC-smiLE OF Page of Zenger's "Journal," November 12, 1733 . . 227 Fag-simile of a Letter op Governor Belcher 312 Pater Patri^ (From a Rare Engraving) 469 Recruiting Poster op the Revolution 484 Fao-similb op a Letter of Captain Nathan Hale 531 Prologue Spoken by Captain John Andre 537 Pac-simile op Extra Sheet op Gaine's "Gazette" 553 Proclamation op George III. announcing Cessation of Arms . . . 557 Petition of Loyalist Refugees (Pac-simile) 558 Continental Army Reentering New-York, November 25, 1783 . . 561 Autograph Letter of Quartermaster-General Pickering .... 563 Pac-simile of Order of Procession at Civic Reception op Wash- ington AND Cllnton 564 Washington's Farewell to his Officers 566 ILLUSTRATIONS IN THE TEXT. Portrait and Autograph of Lord Bellomont (in youth) 2 Autograph op Cornelius De Witt 3 Autograph of Petrus Plancius 4 Autograph of Van Linschoten 5 XUl XIV HISTOEY or NEW-YOBK PAGE. Portrait and Autograph op G-aspar Pagel ^ Autograph op Emanuel Van Mbteren ''' Autograph op Mayor Thomas Delavall ^ Autograph op Mayor John Lawrence ^ Autograph of Mayor William Dervall 10 Portrait and Autograph op Hugo G-rotius 11 Autograph op Mayor Nicholas De Meyer 12 Autograph op Mayor Stephen Van Cortlandt 13 Autograph Letter op Lord Bellomont 14: Autograph of Mayor Francis Rombouts 16 Autograph op Mayor William Dyre ■ ■ 17 Portrait and Autograph of Lord Bellomont (in later life) . . 21 Autograph of Mayor Gabriel Minvielle 22 Autograph of Mayor Peter De La Noy 23 Autograph Letter op Colonel Nicholas Bayard 25 The New City Hall, 1700 26 Autograph of Mayor Charles Lodowick 27 Portrait and Autograph op Rev. William Vbsey 2& The Smith Arms 31 Autograph op Mayor William Merritt 33 Pac-simile Title-page of Woolley's "Two Years' Journal" ... 34 Autograph op Mayor Isaac De Riemer 35 The De Peyster Silver 39' Autograph of Mayor Abraham De Peyster 40 Portrait and Autograph of Rev. G-ualterius Du Bois 41 Autograph of Mayor David Provoost 42 Autograph of Mayor Thomas Noell 43 Portrait of Jacob Steendam 44 Autograph Letter of Lieutenant-Governor John Nanfan .... 46 Pistol presented to Colonel De Peyster by Lord Bellomont . . 4& Birthplace op Lord Cornbury 55 Portrait op Viscount Cornbury 56 The Clarendon Arms 58 Portrait and Autograph of the Duke op Marlborough 59 Portrait and Autograph op Chief Justice Lewis Morris .... 61 Portrait and Autograph of Lord Somers 64 Akcient Tankard 67 Autograph of Mayor Philip French 68 Cornbury Document, with Autograph 71 Autograph of Mayor William Peartree 73. The French Huguenot Church in Pine Street, 1704 76 Fac-simile Title-page of Lady Cornbury's Funeral Sermon ... 79' De Peyster Chatelaine 81 The Palace op Blenheim 83 Cornbury in Female Attire 86 Portrait op Richard Lovelace 93 Autograph op Lord Lovelace 94. Lovelace Arms 95^ LIST OF ILLUSTEATI0N8 XV PAGE. St. Baktholomew Medal 97 Autograph of Chief Justice Daniel Horsmanden 100 The Van Oortlandt Manor-house 102 Autograph of Mayor Ebenezer "Wilson 104 The Fresh-water Pond (Collect) 105 Portrait and Autograph of Caleb Heathcote 106 Heidelberg Castle 107 Ruined Tower op Heidelberg 109 Lovelace Document 112 Portrait and Autograph of Colonel Samuel Vetch 115 The Schuyler Vase 117 Arms and Autograph op Eobert Hunter 121 Portrait and Autograph op Dean Swift 122 The Colonial Jack 124 Portrait and Autograph op Rip Van Dam 125 Portrait of Mrs. Rip Van Dam 129 Relics op the Palatines 132 Autograph op Joseph Addison 133 Portrait of Augustus Jay 136 Fee Yee Neen Ho Ga Ron, Emperor op the Six Nations .... 142 EcoN Oh Koan, King of the River Nation 143 Ho Nee Yeath Tan No Ron, Kesfg of the Generechgarich .... 144 Sa Ga Yeath Qua Pieth Ton, King op the Maquas 145 Portrait and Autograph op George 1 146 Autograph op Mayor John Johnston 148 View of New-York in Governor Burnet's Time 151 Portrait and Autograph of William Burnet 152 Portrait and Autograph of Bishop Gilbert Burnet 155 Portrait of Mrs. William Burnet 157 Tomb of David Provoost, in Jones's Wood 161 Bast River, between John Street and Peck Slip 164 The Provoost Arms . • 166 Autograph op Mayor Robert Walters 167 Portrait and Autograph of William Smith 168 The Slave-Market of New-York 171 Portrait and Autograph op George n 175 Autograph op Mayor Johannes Jansen 178 Autograph of Governor John Montgomerie 179 The Montgomerie Arms 180 Portrait and Autograph of Lord Bolingbroke 183 East River Shore, near the Rutgers House 188 Ancient Dutch Town, showing Crow-stepped Gables 191 A Colonial Tea-set of Gold 193 A New-York Gentleman 19'i The Dutch Church (Nassau Street) Bell op 1731 197 View op New-York in 1732 200 Autograph op Governor Willlam Cosby 209 The Brooklyn Ferry 212 XVI HISTORY OF NEW-YOBK PAGE. The Lower Market 216 First New-York Poorhouse, 1734 219 G-REAT Seal op George I 221 Middle Dutch and French Churches 222 Autograph op James De Lancey 224 G-REAi Seal op George II 225 The Van Cortlandt Mansion at Kingsbridge 228 Portrait and Autograph op Cadwallader Golden 231 The De Lancey Arms 233 Admiral Vernon Medal por Porto Bello 234 Portrait op the Rev. Beenardus Freeman 235 The Golden Arms 237 Soldier op Forty-third Regiment American Foot 239 Portrait and Autograph op Andrew Hamilton 240 Portrait and Autograph op the Duke op Newcastle 243 Shilling, Period op George II 245 Grown, Period op George II 246 Pac-simile Title-page op Horsmanden's "Negro Plot" 253 Tablet on Tomb op George Clarke 254 Autograph and Arms op Governor George Clinton 259 New Dutch Church, 1731 262 Portrait and Autograph of Mrs. Anne Grant 265 The Admiral Warren House 266 Autograph of Mayor Paul Richard 266 The Warren Monument 267 New-York in 1746 268 Autograph op Mayor Stephen Bayard 270 Autograph op Oliver De Lancey 271 The Battery in 1746 273 Portrait and Autograph of the Duke of Bedford 276 The Royal Exchange, 1752 279 Wall Street Presbyterian Church 281 Autograph of Mayor Edward Holland 283 Portrait and Autograph op Rev. Henry Barclay 284 St. George's Chapel, in Beekman Street 285 Portrait and Autograph of Sir Danvers Osborn 287 Birthplace op Sir Danvers Osborn 288 Portrait and Autograph of Admiral Byng 289 Fac-simile op Letter op Sir Danvers Osborn 290 Chicksands Priory as it is at Present . . . - 291 The Osborn Arms 292 Portrait of Thomas Pownall 293 Autograph op Thomas Pownall 294 Portrait and Autograph of George III 295 Methodist Church in John Street 296 Portrait and Autograph op Sir Charles Hardy 299 Fac-simile op Letter by Sir Charles Hardy 300 Columbia College in 1758 302 LIST OF ILLUSTEATIONS xvii PAGE. Iron Crown (Columbia College) 304 The Walton House 305 Hall in the Walton House 306 POETEAIT and AuTOGRAPH OF BiSHOP GbORGE BERKELEY 307 Autograph op Mayor John Cbuger 308 The East River Shore in 1761 309 North River Shore, toward Lispenard's, 1761 310 The South Prospect op the City in 1761 311 Portrait and Autograph op Governor Monckton 327 Portrait and Autograph op Thomas Jones 328 Fac-simile op the Monckton Letter 329 Portrait and Autograph op William Pitt 331 The Monckton Arms .' 335 Cocked Hat op the Colonial Period 336 Pac-simile op a Letter by General Amherst 339 Old Blue Bell Tavern 340 Autograph op William Bayard 343 Portrait and Autograph op Rev. Archibald Laidlie 347 Dutch Church Inscription, 1769 349 The North Dutch Church, 1769 350 Franklin's "Unite or Die" 353 Arms and Autograph op Sir Henry Moore 354 Portrait and Autograph op James Alexander 356 The Manuscript Placard 359 Portrait op Mrs. James Alexander 361 Stamp (por the Stamped Paper) 363 Letter op General Gage to Sir William Johnson 365 BuRNs's Coppee House (Front View) 368 BuENs's Coppee House (from the Garden) 370 The Kennedy and Watts Houses 373 Statue of George III 374 Portrait op General Thomas Gage 377 FAC-smiLE op Letter of President Johnson to his Son 380 Portrait and Autograph of William Smith, Jr 387 Portrait and Autograph of Lord Dunmore 391 The Dunmore Seal 392 Portrait and Autograph of President Samuel Johnson 393 HoBOKEN at this Period 394 Praunces' Tavern • 397 Portrait and Autograph op Mayor Whitehead Hicks 401 The Ludlow House 403 The Lord North Medal 405 Hell Gate (From an Old Dutch Print) 406 Autograph of Gerrit Van Wagener 407 The Rutherford and Axtell Houses 409 The Scepter and Seal op George III 411 Guinea of George III. Period 412 Governor Clinton's Residence 413 XVlll HISTOEY OF NEW-YOKK PAGE. The Boston Massacre '^^'^ St. Paul's Church '^^'^ Arms and Autograph of William Tryon 418 Governor Tryon Certificate 419 Portrait and Autograph of Sir William Johnson 420 A Colonial Watch and Chain 423 Portrait and Autograph of the Rev. Samuel Auchmuty 425 The Macomb Mansion 426 Storehouse, Turtle Bay 429 The Apthorpe Mansion 432 Autograph of Nicholas Eoosevelt 434 Marinus Willett's Residence 435 Portrait and Autograph of Mayor James Duane 436 St. Mark's Church est the Bowery 438 The Patriotic Barber of New- York 439 Portrait and Autograph op George Clinton 442 Portrait and Autograph of Mrs. George Clinton 443 Portrait of Rev. John Ogilvie 445 Principal Entrance op the North Dutch Church 447 Window of North Dutch Church 449 Columbia College, from the North 450 The Rhinelander Sugar-house 452 The Livingston Sugar-house 457 View op Broad Street and the City Hall 460 Exploit of Marinus Willett 469 New-York in 1776 471 Philip Livingston's Tomb 472 "View OF New- York" 474 Fac-simile op Receipt of Samuel Fraunces 475 Engine of the City Water-Works, 1776 478 Hanging of Rivington in Effigy 480 The News prom Lexington 481 Pac-simile of a Committee Call 482 Autograph op Marinus Willett 484 Washington Medal 485 Portrait and Autograph op Alexander McDougall 487 Autographs op Isaac Sears and Lord Bute 488 Portrait and Autograph of Lord North 490 Portrait and Autograph op Israel Putnam 491 Portrait and Autograph of Sir Henry Cldstton 493 Pac-sbiile Letter op General Montgomery to Colonel Clinton . 495 Portrait and Autograph op General Philip Schuyler 497 "Destruction op the Royal Statue in New-York" 498 Fac-simile op Declaration op Independence on Broadside .... 499 The Port and Bowling Green 500 Portrait and Autograph op General Henry Knox 501 Portrait and Autograph op General James Clinton 502 New-York Regimental Flag, 1778 503 LIST OF ILLUSTEATI0N8 xix PAGE. Portrait and Autograph of General William Howe 505 Portrait of Colonel Stephen Kemble 507 Officer Light Dragoons 509 Portrait and Autograph op Lord Stirling 510 Sullivan's Position near Platbush Pass, Brooklyn 512 Portrait and Autograph of Lord Cornwallis 513 A Hessian Boot 514 The Kemble Arms 515 Brunswick Grenadier 517 View of Hell Gate, 1776 519 Portrait and Autograph op General Varnum 520 Forty-Second Highlanders 521 Washington's Headquarters, Harlem 522 Fort Lee, on the Hudson 524 Portrait and Autograph of Count Pulaski 526 "TRitTMPHAL Entry op the Royal Troops into New-York" .... 527 "Representation of the Terrible Fire in New- York" 528 Portrait op Captain Nathan Hale . 529 Fac-simile of Captain Hale's Commission 530 New-York, from Rear of Rutgers's House, 1776 ......... 532 Uniforms British Army, 1776 to 1799 533 Ruins op Trinity Church and the Province Arms 534 Clinton's Bullet Despatch 535 Full-Length Portrait of Major Andr:6 536 Portrait and Autograph of Major Andr:^ 539 "Debarkation op the English Troops in New- York" 541 Portrait (Medallion) and Autograph of Count D'Estaing .... 542 Portrait and Autograph of Madame de Riedesel 544 The Beekman Mansion 545 Portrait and Autograph of Benedict Arnold 546 Escape op Sergeant Champe 547 Portrait and Autograph of King William IV 548 "Arrival of Prince Willla.m Henry in New-York" 549 Portrait of Admiral Nelson 550 Fac-simile op Autograph Letter op Lord Nelson 551 Fac-simile of Portion of Page of Gaine's "Gazette" 552 Portrait and Autograph op David Hartley 554 The American Peace Commissioners, and Autographs 555 Portrait and Autograph op Vergennes 556 Signatures to the Refugees' Petition 559 Fac-simile of Return of Refugees Embarked for Nova Scotia . 560 Portrait op Sir 'Guy Carleton 562 Civic Reception of Washington and Clinton at New- York . . . 565 Departure op the British Troops 567 Portrait and Autograph of Lafayette 568 Portrait and Autograph of Richard Varick 570 Portrait and Autograph of Nicholas Fish 571 Portrait and Autograph op Andrew Elliot 572 XX HI8T0EY OP NEW-YOEK PAGE. Washington Viewing New- York City in 1783 ^'^^ Reception op New-York Loyalists in England ^'^'^ Portrait and Autograph op Lord Macaulay 576 Portrait and Autograph of Lord Stanhope 579 The Billop Residence on Staten Island 582 Portrait and Autograph op William Cosby 585 Fac-similb of Title-page op the Aitken Bible 588 Portrait and Autograph op William Bradford . 591 Portrait and Autograph of Chancellor Kent 594 Portrait and Autograph op Chancellor Livingston 597 The Ply Market 599 Washington's Headquarters at Newburgh 600 Portrait and Autograph op General Joseph Reed 602 Seal of 1777 , . 603 Pitt Statue (in Mutilated Condition) 604 Portrait and Autograph of Colonel Tallmadge 606 Continental Currency 609 Fac-simile of Request to Illuminate 610 Paulding Monument 612 Portrait and Autograph op Sir Peter Warren 613 Hicks Arms 614 Autograph of Paul Revere 615 Clinton Arms 616 Washington's Book-plate 617 Autograph of Burgomaster Van Hattem 618 General Montgomery's Monument 619 Autograph of James Rivington 620 Poughkeepsie Court-house 621 Autograph of John Lamb , 622 Portrait op John Watts, Sr 623 Autograph of Burgomaster Crigier 624 Portrait op Mrs. John Watts, Sr 625 Bull's Head Tavern 626 Autograph of Burgomaster Anthony 627 Autograph op Burgomaster Vandiegrist 628 Portrait and Autograph of John Watts, Jr 629 Autograph of Burgomaster Van Brugh 629 LIST OF MAPS AND PLANS. Map of the Shoemakers' Land 19 Map op New- York, Showing Original High-water Line 91 James Lyne's Plan op New-York (1728) 185 Popple's Plan op New-York (1733) 250 LIST OF ILLUSTEATIONS XXI PAGE. S. Bellin's Rabe Map op New-York (1764) 332 The Ratzee Map of New-York (1767) 344 Map op the East River (prom Original owned by the Editor) . . 398 Map op New- York in 1767 455 Early Plan op the Fort in New-York 470 Military Map op New-York and VicinitV (1776) 488 Hill's Map op New-York (1782) 494 Map op New-York Island (Kitchin's) 523 Plan op the Vicinity op Fort Knyphausen (Washington) in 1779 • 525 Map op Operations on the Hudson River 543 CHAPTER I THE EARL OF BELLOMONT AND THE SUPPEESSION OF PIEACY 1698-1701 HE administration of Eichard, Earl of Bellomont, was a brief one, extending only from the 2d of April, 1698, when he arrived, to the 5th of March, 1701, when he died. Nevertheless it was one of mark, owing to his personal character, to the circumstances in which he was placed, and to what he endeavored to do. From almost the beginning, or so soon as his purposes revealed themselves, with scarcely a week's interval after his arrival, it was one of bitter opposition, personal attack, and struggle with contending elements. Probably nothing but the king's contin- ued favor carried him through. But upon a man of sixty-two, — his age when he undertook the government,— a man afflicted with the gout, even yet that most defiant and painful disorder; one who some- times worked from nine in the morning till ten at night, with scarcely time for meals, and amid a sea of worries, the effect was sure to show itself. The gout in the end conquered a robust constitution and caused his death, before his undertakings were in any way complete. Im- mersed as he was, during his whole administration, in affairs of such a nature, he might be likened to a stormy petrel, whose only rest is upon heaving waves, whose life is passed in perpetual battle with winds and storms, or with the resisting, struggling fish it pulls from the ocean, where each seemed intrenched and safe. The motions of this bird over the uneasy waters suggested Peter walking upon the Sea of Grennesareth, and hence its name. And Bellomont, had he yielded to Peter's fears, must, like him, have sunk. As a further introduction to the main narrative, allusion may here be made to the difficulty of getting correct impressions concerning men and events of party times, and the necessity of collating and sift- ing authorities. The writers of such a period are apt to be more or less prejudiced, and to follow them as authorities is to perpetuate their prejudices. Montesquieu lays it down as a fundamental law of histor- VOL. II.— 1. 1 HISTORY OF NEW-YOKK ical probability, that the representations of a triumphant party should always be distrusted. For the time being they usually furnish the writers, and the temptation, we may even say the necessity, is great to mutilate or distort — to misrepresent motives, to color or mutilate facts. The lens must be clear and properly placed, or its ■ f^^^^^^^^k negatives will be distorted likenesses. Besides, what is sometimes unintentional will sometimes be intentional. "0, tell me not of history," said Sir Eobert Walpole, "for that I know to be false!" He had seen the inside of things, had been at the fountain-head of events, knew their " secret his- tory," and the tricks and false- hoods to which statesmen or the movers in politics betimes resort. Astute Queen Elizabeth first "tuned" the pulpits when she would tune the people to a measure. It gave to the mea- sure an air of popular spon- taneity, of being something asked for, which she would then graciously grant, to her greater popu- larity. Even gold coins require to be minted with alloy for public use; and statecraft consists largely in shrewdly mixing the real and the os- tensible, the true and the false, for circulation. Amid these sources of error, how few historians have the discriminating skill with which Niebuhr picked his way through Roman history, or of a Neander in sacred history! How many are merely careless copyists of statements whose truth, and the motives for which, they have not thought of questioning. A few years before Bellomont's coming occurred the Leisler troubles; in fact, they are involved with his own history. Dur- ing their continuance there appeared and was circulated "A Modest and Impartial Narrative of the Great Oppressions &e. of Jacob Leisler and his Accomplices," in 1690. Its dissembling title commended it, seemed to disarm suspicion, and it has more than once since its date been accepted as contemporaneous truth. But Jared Sparks indorsed ^^pon his own copy: "Written by a violent enemy of Leisler; neither just, candid nor impartial." The larger histories in their march through many periods and scenes cannot fail, at times, to do injus- tice and wrong to individuals and events. Indeed, it is to a great EAEL OF BELLOMONT AJSTD SUPPEE8SI0N OF PIEACY 3 extent the work of later historians, as of second editions, to correct the errors of previous ones. There is an advantage in monographs; and yet, with all care, inaccuracies will creep in. Concerning Lord Bellomont, there is a monograph by Mr. Jacob B. Moore and another by Mr. Frederic De Peyster. /^>y' ^ But in the historical omnibus there is always room Lr^trPx/T'Tir^ for one more, whose standpoint and contribution may be different. In a sketch of Lord Bellomont it is quite necessary, in the first place, to obtain a knowledge of the man himself, his history and per- sonal traits. A man's acts are judged as often by what we know or con- ceive him to be, as the man himself by his acts. G-eorge W. Schuyler, in his " Colonial History of New- York," describes him as proud and overbearing, haughty in his manners and unwilling to seek or take advice, except when it agreed with his own opinions. Hutchinson speaks of him as "a hypocrite in a pretended devotion to religion." On the other hand, Haliburton ("Rule and Misrule of the English in America") praises him as "a true specimen of a great liberal Grov- ernor." And Mrs. Lamb characterizes him as "a master of the art of politeness"; as having "a sound heart, honorable sympathies and an honest desire to do justice to the oppressed"; as having the most "conscientious motives"; but erring "chiefly in judgment," and in allowing " noble and praiseworthy impulses to carry him beyond the bounds of common prudence" — as a hasty man of "impulse rather than reason," one with whom "prejudice, not vanity, was his besetting sin." An opinion based in a measure, we may say, upon events in New- York, and to be tested by them. Palfrey, speaking of him principally as he appeared in New England, calls him "honorable, frank and sensitive," "genial and good-natured"; but "perhaps over-confident, perhaps not without arrogance"; "the sight of knavery enraged him"; a man, on the other hand, who could "not endm^e to be himself suspected of any indirection." Such are some of the opinions of writers as to Lord Bellomont — an executive, we may take it as conceded by the best, of high and honorable motives, whatever errors he may be supposed to have committed in judgment ; one who certainly was no trimmer for popularity or favor, who shrank from nothing he considered his duty, too conscientious, honest, and frank to be a "hypocrite" in anything. He was neither a dissembler, concealing what he was; nor a hypocrite, feigning to be what he was not — too frank and high-toned to be a clever politician, if that were needed, among tricky men. We should also take into the account, in interpreting the man, his personal appearance, his English breeding and tastes, and the position he occupied. He was in person almost an ideal nobleman, large of 1 The fac-similes of the autographs of Cornelius from Holland too late to accompany the portraits DeWitt, Linschoten, Plancius, and Van Meteren, that appeared in the first volume. Editob. which are included in this chapter, were received 4 HISTOEY OF NEW-YOEK frame, tall and dignified, with head well shaped and set, and hands small and white; with a Tisually thonghtfiil face, yet one capable of a sparkling vivacity; with eyes dark and kindly, and a voice low and musical. He cotild teU a story charmingly and enjoy a hearty laugh. In dress he was always elegant, and bore himself everywhere with ease and grace. In addition, he represented the king, and was himself a nobleman of rank; circumstances which, however liberal his tenden- cies, or however genial his ordinary demeanor, would be likely to flare out at times amid the difficult duties and collisions of his station, espe- f. cially if he were suffering the irritating, pulsing ^ pitrus-'ipian.ciM/ ■■ pains of the gout. Lord BeUomont's grandfather, ; ' Sir Charles Coote, was a famous, and even merci- less, fighter against' the Irish in the rebellion of 1641. The family, however, continued in Ireland; and upon the restoration of Charles II., in which they had taken an active part, the two sons of Sir Charles were created respectively, in 1660, Earl of Montrath and Baron Coote of Colooney. In due time the baron's title and estates fell to his son Richard, the future Earl of Bellomont. This latter title came to him only in 1689, after the accession of William. Being a stanch Protestant, at the accession of James he quitted England, or rather Ireland, and remained on the Continent till peremptorily sum- moned back by James. But he was a leader in the movement to bring WiUiam to the throne, as his father and uncle had been to bring Charles. It was the beginning of warm personal relations with William, who, speedily after his accession, made him treasm^er and re- ceiver-general to the queen. For all this, James's transient Jacobite Parliament in Dublin attainted him and confiscated his Irish prop- erty. Nevertheless, it was a step upward for the baron, for, among other marks of royal favor, William created him Earl of Bellomont. Such, and in such relations with the king, was the governor whose administration we are to trace. Nor, in this connection, would it be right to leave unnoticed his wife, the Countess of Bellomont. The eaii had a house, entertained, and maintained a table; and a statesman's table may be made a very important annex to his administration. How much, in those days, depended upon the mistress of the house, her taste, her skill, her manners, her ability to preside and direct the whole ! It is remarkable that, young as she was, only thirty-three, occupying such a position, and the first countess who had been seen therein, so little is anywhere said about Lady BeUomont. Yet the earl lived in great style, she was in no sense a recluse from society, and he (we are told) " was very fond as well as very proud of her." It is, at least, a tribute to her worth, her amiability and general manners, that nothing from those days has come down to us against her. She was Catherine, only child and heiress of Bridges Nanf an, Esq., of Birts- EAEL OF BBLLOMONT AND SUPPEESSION OF PIEAOY 5 Morton, Worcestershire, England, where the family occupied an an- cient and moated manor-house, remarkable for a very curious chim- ney-piece, described but not illustrated in Nash's history of the county, town, and family. It is said the earl married her in 1660, at twelve years of age, both statements being made dubious by the fact that she was not born tiU 1665. Or, if the latter doubtful one be true, it may be said that she married early and late, and continued to marry so long as she had that earthly privilege. For, after the earl's death in 1701, and her own return to England a year and a half later, this gra- cious lady, who evidently had attractions and retained them, married Admiral William Caldwell. After his death in 1718, to him succeeded Edmund Pitts, Esq., of Kyre; and to him in 1738, in her seventy- second year, William Bridgen, at the time a merchant, afterward an alderman, and in 1764 Lord Mayor of London. She sm-vived this last marriage only two or three months ; but if, in youth, her taste selected one who was thirty years her senior, at the riper age of seventy-two it veered to one who was perhaps as much her junior. Her two sons were successively Earls of Bellomont. That so distinguished a man as BeUomont should now be selected as governor shows the growing importance of New- York in British estimation. Moreover, it was a personal tribute to his character. He was selected by the king himself upon his personal knowledge of him, and in view of duties which required as prime factors resolution and integrity. He was to be governor of New- York, Massachusetts, and New Hampshire, from the sea-board to Canada and ^^t^tiui.'ji^'^ • ■4- J-t^o^'>'f-e<^ iSfS' the Indian country. His commission was dated November, 1697, but through various delays he did not arrive in New- York until AprU 2, 1698. It now becomes necessary to refer to clouds that were already upon the horizon and ominous before he ever set foot in the city, before he even left Eng- land. I allude in this place to his known- views as to the execution of Lieutenant-Grovernor Leisler. The Leisler troubles, extending from 1689 to his execution under Grovernor Sloughter in 1691, have been carefully reviewed in the first volume of this work. That review also related the persistent efforts of young Leisler and others, in England, to have the attainder of high treason removed; and his entire suc- cess, through parliamentary action confirmed by the king's signature, in 1695. It was a revulsion of feeling in England, and in the high- est quarters, as to an act and the persons who suffered, which car- ried with it the rendering of justice so far as it could now be done. Little enough — the reversal of the attainder and the restoration of prop- erty ! Of the parliamentary committee who examined the subject and reported upon it, Bellomont was a member. The bill they introduced 6 HISTORY OF NEW-YOEK was a detailed one. This bill he defended, and denounced that execu- tion from his place upon the floor of Parliament. How thoroughly he was convinced may be judged from a remark of his to Rev. Increase Mather, which the latter repeated in a letter to Chief-Jus- tice Dudley, who had presided at the trial, that "those men [Leisler and Milborne] were not only murdered, but barbarously murdered." That was in 1695. But in New- York the party that did it, the aristocratic party, was and had continued to be, from the date of their triumph in 1691, the party in power, sustained by Grovernor Fletcher. The bill which required the restoration of estates had, so far, been ignored under the poor plea that they had been sold, and portions of them sold again. A poor plea, in view of the fact that the original sufferers had not been among the large estate-owners; and such, or others of that party, had no doubt bought what had been sold. With all this, how- ever, up to the time of his com- ing. Lord Bellomont had person- ally nothing to do. It was known that his selection and commission related principally to infractions of the revenue and piracy, the "two dangerous diseases" (as they were styled) with which New- York was "infected": "an unlawful trade and piracy." Fletcher had been re- moved, and he himself appointed, because of the unsatisfactory state of things and of the actual charges laid against Fletcher of complic- ity in these unlawful proceedings. These he might well be expected to attack vigorously. But it was a mere surmise how far, when upon the ground and in office, his sympathies or his convictions might carry him in the direction of the Leislerians as a party. Even a determination on his part to execute the law relating to the estates would touch but few. And now a remarkable pamphlet appeared, another of the kind of the "modest and impartial narrative" to which we have already re- ferred. It was entitled "A letter from a gentleman of the city of New- 1 Gaspar Fagel, an acquaintance and corre- William HI. on the throne of Great Britain. He spondent of Lord Bellomont, and the friend of was horn in Holland in 1629, and lived to the ad- WiUlam and Mary,was an active party to the peace vanced age of four score and ten. Editor. of Nimeguen, 1678, and to the policy which placed iv. ^K.^J.j, i«i; .j'^'J^ ^j_ii*u ^iij^vy, ^^^ EABL OF BELLOMONT AND SUPPEESSION OP PIEACY 7 York to another concerning the troubles which happened in that prov- ince in the time of the late happy revolution." It went over the old story of Leisler and his terrible doings, and his righteous end in 1691. Had it been what it purported to be, a simple letter of one "gentleman" to another, it would have been of small consequence. It was speedily answered by another entitled " Loyalty Vindicated, an answer to a late false, seditious and scandalous pamphlet"; the inspirer, if not the actual writer, of which it assumes to be Bayard. And it is curious to notice how, in the history of these troubled years, if the lid of events happens to open, as the Jack-in-the-box out jumps Bayard, certainly a very able, if perhaps unscrupulous, man. The significance of the pamphlet, however, was not in who wi'ote it, but in the time and cir- cumstances of its pubhcation. It was issued to the public from the press of WUham Bradford, in 1698, just previous to the expected arrival of Bellomont, and with the official sanction of Governor Fletcher and his council! It is certainly pertinent to ask, what was their object and design in thus reopening the old story, at just that time, and in the face of a parliamentary ver- dict three years before? What was its bearing upon the expected gov- •ernor? Is there not to be seen in it a prejudice to be created or cultivated, already the marshaling among the aristocratic party of an opposition, the throwing out of outworks and rifle-pits, against his administration? Without and before an act of his own, it was a threat and portent of trouble from that side. At this point of the history it is very desirable to know how and in what spirit the new governor entered upon his duties; to know, also, what were his instructions. According to his commission and subse- quent instructions, one thing is especially to be noted — how rigidly his powers were restricted. Everything had ultimately, or within three months, to be reported to the lords of trade, for the king's approval or disapproval. He had "full power and authority" to make laws and ordinances for "the public peace, welfare, and good government," but "by and with the consent of the Council and Assembly"— so well es- tablished had the " Assembly" aheady become under the government of William. That nothing might be done therein prejudicial to the crown, the governor had a "negative voice"; and he might, as he should judge necessary, "adjom-n, prorogue, and dissolve" the assem- blies; but such was the position of the people— a very important posi- tion, since they voted the money. As to the council, after being sworn into office, to the number of at least seven, he might suspend any of them, if he should "find just cause for so doing"; but he must trans- mit his reasons, proofs and their answers ; he might choose others in their places, to act till confirmed by the king, or till others were nom- 8 HISTOBY OF NEW- YORK inated by him. Over their proceedings also he had " a negative voice," but he could only " summon and call G-eneral Assemblies," or do other things, by and with their "advice and consent." Therefore, how im- portant to him the composition of that council, and the relation of its members to public affairs, may easily be seen from one point in his in- structions. The " Lords spiritual and temporal in Parliament," " upon consideration of the great abuses practised in the plantation trade," had passed an act for "preventing frauds and regulating abuses" therein. This was to be " strictly observed." Such abuses could only have been practised " from the remissness or connivance of such as had been or were governors in the several plantations " ; and Bello- mont is distinctly informed that " any failure in the due observance of these laws, by any wilful fault or neglect " on his part, would be looked upon as " a breach of trust reposed " in him, to be " punished with the loss of his place" and further marks of his Majesty's displeasure ! It may be said, also, that he had " commands " from the Secretary of State, the Earl of Shrewsbury, and the Lords Justices of England, to "inquke strictly into the connivances and protections that were given to pirates by Colonel Fletcher, late Gov- ernor." Such among others were the duties laid upon and expected of him; such, to himself, the prospective results of " wilful fault or neglect." How necessary he should stand well with the home authorities ; but, on the other hand, how dependent for suc- cess, in whatever he might undertake, upon his council, hitherto the colleagues and friends of Governor Fletcher, into whose proceedings he was " strictly " to " inquire " ! With these instructions before us, and his official relation to the council and the assembly, it wiU help us if we know in what spirit he entered upon his duties. That the party feud which began in 1689, which had been embittered immensely by Leisler's execution, stiU continued, needs only to be said. But under Governor Fletcher the Leislerians, as a party, had been to a great degree benumbed and quiescent ; they were certainly powerless. It has been said that Lord BeUomont came from England thoroughly prejudiced, with his mind intent on righting their wrongs, and that the difficulties of his admin- istration arose from his efforts to do so. We have only to scrutinize the history of events in their order, to see the fallacy of such state- ments. Had such been the case, had his mind been so poisoned by young Leisler and the few others he knew, he would have tried (one would suppose) to secure beforehand a council more in harmony with his views. Nothing of the kind! He landed, April 2, 1698, pub- lished his commission and swore in the same council, continued without change: Frederick Philipse, Stephen Van Cortlandt, Nicholas EAEL OF BELLOMONT AND 8UPPEE88ION OF PIRACY 9 Bayard, Matthias NicoUs, Q-abriel Minvielle, William Pinhorne, John Lawrence, William Smith, Chidley Brooke, and Thomas Willett — the first five of them the men who, as Sloughter's council, voted the exe- cution of Leisler and Milborne ; Pinhorne, the sixth, a leading member of the court which condemned him! Moreover, he took into his confidence, and later protected against them, James Graham, attor- ney-general of the province, one of the men most obnoxious to the Leislerians. In fact, at this time all his letters to the lords of trade, and evidently his time and thoughts, are devoted to those trade abuses, as to which he had received such stringent orders. They produced the flbcst rupture. When the earl and countess landed, the city corporation provided four barrels of powder for a burst of welcome. On the wharf were crowds, who, of course, took off their hats. It was, for the day, a fine reception. Then he received a corporation dinner, two aldermen and two assistant aldermen being the responsible parties to " make a bill of fare." " For the effectual doing thereof " they were authorized (out of the city treasury) " to call to their assistance such cooks as they should think necessary." It was a fine dinner — "venison, turkey, chicken, goose, pigeon, duck, and other game; mutton, beef, lamb, veal, pork, sausages, with pastry, puddings, cakes, and the choicest of wines." Mayor Johannes de Peyster, reputed the handsomest man in the city, presided. One hundred and fifty people dined with the new governor. A loyal address was read, and he was " delightfully affable with everybody." Several stately dinner-parties were given. But these latter, which were, of eoui'se, by leading families, were the calm before the storm. Within a week after his arrival, it came to his knowledge that the ship Fortune, Captain Moston, was in the harbor, with East India goods in an " unfree bottom." Here was, at once, a case contemplated in his " instructions." Mr. Chidley Brooke, the col- lector, was doing nothing in the matter, and the goods were being landed by boats, to the injury of his Majesty's customs revenue. When the earl ordered them seized, Mr. Brooke informed him that it was not his business, that f ff^ ^OMviyyxis-- he had no boat to board the ship, and made W V other excuses; and only under positive com- — " mand, and after three or four days' delay, did he seize the last boats and goods worth a thousand pounds, out of twenty thousand in all. Other like violations of the customs law the earl could not at the time prevent. Evidently, however, Mr. Brooke was not the man for the emergency, and he removed him. Yet Mr. Brooke was brought up in the family of a relative in Ireland, had first been advanced in the customs by the earl's father and by himself, and the latter was at the time security in two thousand pounds, payable in England, for the Op-^Gl), 10 HISTOBY or NEW-YOBK proper discharge of Ms duties as collector ! But the blow went deeper than Mr. Brooke ; it reached not the people, but certain of the mer- chants, who were rich and growing richer through this foreign traffic, who were influential and interested in the maintenance of things as they existed under Colonel Fletcher. They had not been used to such an administration of the laws. It is time, therefore, to open up a little the situation which the earl had to face. Even under William the Enghsh acts of trade, it must be confessed, were rigidly framed in favor of England and its home commerce. They were not popular in the colonies, against ) nn which they discriminated. Colonial foreign trade ^^^^^^""^ was limited to England itself, and in ships built, owned, and commanded by people of England or the coloiiies. The latter had to pay a tax of five per cent, on imports and exports for the benefit of the mother-country ; and they were taxed on what they sent to the other colonies, without right of export from there to the outside world. Eevenue to England and a monopoly was the main thought of English colonial legislation. These laws Grovernor Fletcher, as well as Governor Bellomont, was, under oath, obligated to enforce, but they had not been enforced. There had grown up a traffic, through protected " privateers," and, perhaps, collusion with pirates, the center of which was the East Indian Ocean and the island of Madagascar — a traf&c by which the merchants were becoming greatly enriched, but the revenue was not benefited. The ' goods which, whether obtained out there by privateering, by piracy, or by exchange with pirates, cost httle were brought to New -York, and allowed by the officials to be landed, to the immense profit of the merchants, their consignees. But as to the revenue, by a comparison of the different years, the earl discovered that, whilst trade and the city had greatly increased, — had, indeed, doubled, — it was less than it had been ten yeg-rs before. It may now be understood why the seizure of the goods aboard the Fortune produced such subsequent uproar. There were twenty-two merchant- owners of the lading. Some of these ships brought immensely more in value. It would drive away trade, would ruin the town, had already hindered the "privateers from bringing in £100,000" — so said the merchants, who immediately raised a tumult against Lord BeUomont. Concerning these merchants it may, probably with truth, be said that theirs was a case similar to that of the "wrathful" Ephesian work- men who cried out: "By this craft we have our wealth," and "This om* craft is in danger to be set at nought"; so that "the whole city was filled with confusion." It was not caused by the people at large, cer- tainly not by the Dutch, whom the governor praises as " a sober, in- dustrious people, obedient to government." The merchants had fallen into a gainful but illegal traffic, and did not wish it interfered with EAEL OF BELLOMONT AND SUPPRESSION OF PIRACY 11 that was the sum and substance of the matter. Had the "town clerk" (hke the one at Ephesus) attempted to "appease" them by suggesting that "the law was open," it was just executing the law that enraged them. No one, at this day, would be willing to defend the English laws relating to the colonies. They were selfish and unjust. "Bad laws," says Edmund Burke, "are the worst kind of tyranny"; they are deliberate, coldblooded, and persistent acts. These were such; they expressed the deliberate intent of the "Lords spiritual and temporal in Parliament"; nor was there any abatement of them for many a day. Our present study, however, relates not to them, but to Lord Bellomont, his character and that of his admini- stration. "He came," says Schuyler, "when the country was at peace, trade had begun to revive, and pros- perity was beginning"; but he was so "anxious to set up a new stand- ard of government and to introduce new methods that he soon involved himself in controversies and quar- rels which made his life a burden and hastened his death." Yes, trade had certainly begun to revive, was reviving at a most extraordinary rate. "Arabian gold and East India goods were everywhere common." Where did they come from ? Not from England, not from the colonies, nor had they passed the cus- tom-house. Did not the officials know? Certainly; everybody knew. Mr. Brooke knew, who was also a member of the council. "What was Lord Bellomont to do? what was it his duty to do? In this matter the tumult of the merchants against him should not deceive us, however respectable and influential their position. So much the worse. They talked of the "late happy revolution" to show their loyalty; they held government offices, and persistently violated the laws. Nor did they, like the merchants of Boston, boldly express their "indignation at the acts of navigation" in a protest to the gov- ernment itself; maintaining their right as English subjects to the privileges enjoyed by Englishmen. That was the difference between '^%^^Qraft' iHugo De Groot, or Grotius, the celebrated Duteli jurist, divine and historian, who at one time, contemplated coming to New Netherland, was bom at Delft in April, 1583, and died in Au- gust, 1647. His little treatise Ot Veritate Beligionis Ohristiarue has been perhaps the most popular " Evidences of Christianity " ever published, and has been translated into almost every civilized tongue. It was among the earliest books of its character printed in this city. Editok. 12 HISTOKY OF NEW-YOBK them. Says Mr. Burke: "The poorest being that crawls on earth, con- tending to save itself from injustice and wrong, is an object respect- able in the eyes of God and man." But that was not their contention. They were contending for liberty to continue a trade which, at the other end, had the most dubious surroundings; of which, at their own end, they were the beneficiaries; and by which they were demoraliz- ing the city. Meanwhile it was hard on the honest old earl. The ex- panded and erect tail of the lyre-bird is very beautiful and has the exact appearance of a lyre; but the bird gets from it no music. Nor was the earl getting anything very pleasant out of his governorship. Inside his own house the roof leaked and the rain came in to spoil the family's comfort; whilst in the lower halls and rooms the flooring was in an advanced state of decay. Out- side, the merchants were saluting his ears with an angry tempest. Thus far only the induction of the greater storm. The Fortune and another vessel had been condemned by the Court of Admiralty, not- withstanding the corruption of evidence. The earl had replaced Mr. Brooke with Colonel Van Cortlandt and a Mr. Monsey, for six years chief searcher, as commissioners. One Yan Sweeten had some goods concealed in a garret, which Monsey and another oflBcer were sent to seize; but the merchants gathered, or some of them, and the officers were locked in and left there for three hours ; whereupon Bellomont sent the lieutenant-governor (Nanfan), with three files of soldiers and some servants, to break down the doors and release them. This ex- perience, with perhaps other influences, induced Monsey to resign. But Van Sweeten brought the matter before the council. They could not sustain him, whatever they might have wished to do. Neverthe- less, a conflict with the council was aheady in the earl's larder ready for the cooking — it was sure to come on and speedily. Their feeling toward him may be judged from a letter of his to the lords of trade (May 25), in which he says that not a man of them had ever come to offer him any account of the state and condition of the province; and that all his "hght and information" on the subject had come from Mr. James Graham, the attorney-general, "a man of great sagacity and temper." Several of them were themselves merchants. Mr. Frederick Philipse, the oldest member, was one who had a ship on the way from Madagascar. So far, however, they knew full well that the earl had simply been doing his duty according to the law and his instructions. The conflict opened the very day of the Van Sweeten business, or June 7. Fom- ships laden at New-York and bound for Madagascar ap- plied for clearances, in other words " protection," such as ex-Governor Fletcher had been in the habit of giving, and which was a part of the "maKeasance in office" charged against him. They carried (usually) EABL OF BELLOMONT AJSD SUPPEE88ION OP PIEACY 13 "liquors, gunpowder, and arms," as most in request, and returned with East India goods. Profitable business, when one could sell rum, cost- ing in New- York two shillings, for fifty shillings and three pounds a gallon in Madagascar; and a pipe of Madeira wine, which cost nine- teen pounds, for three hundred pounds ! No wonder New- York was "flushed" with Arabian gold and East India goods! Yet it must be said, in relation to the present case, that these voyages to Madagascar were open; that a clearance and government "protection" involved payment of revenue; and that the trouble was the real pm'pose of the voyage, as to which there could be no downright evidence; not piracy, perhaps, but dealing with and obtaining their goods from pi- rates. The character of their lading, everything, pointed to this; an experienced custom-house officer would have had no doubt about it. It was sustaining piracy, if not piracy itself. But the earl could only proceed " on suspicion." Yet that " suspicion," he thought, was suf- ficiently backed to require of each ship "good security not to trade with pirates." He delayed as to the clearances until he had called together and consulted the council. Unanimously they opposed this method as "not prescribed by law," and as never having been "prac- tised there before." He yielded, and let the ships go. The further outhne of this traffic and its relations to piracy may be deferred till we come to the case of Captain Kidd. Our present concern is with the earl and his council. That he had reason enough for his efforts to restrain the traffic, and right there in its center, would be easy to show. "The money brought in was dearly pur- chased " (was Grovernor Bradford's testimony) by the vices and evils engendered in the community. It infected the people. This demor- alization was one of his main difficulties. But whether the "method" proposed would accomplish anything was very questionable ; it was too easy to escape. And certainly it was not "prescribed" by law. He did weU, therefore, to yield to their decision. Nevertheless, it brought to the front a reason more impor- tant to some of them than the legal one, a ^^w^ t^/? cw reason in which all of them, it is to be sup- Cs? ^\^ jo'iM'/^aynH- posed, more or less sympathized. It was the \__J (^ (^ point of feeling; it had never been "prac- tised there before " ! The words can only properly apply to recent years, WUliam's reign, dming which alone the difficulty had existed; that is, to ex-Grovernor Fletcher's administration. There was where "reform" measm'es touched them. Ships had gone and come with- out inquiry, let, or hindrance; or rather, they had been let go. It was expecting much and too much of Mr. Frederick Philipse, for in- stance, to suppose that he would now consent to a measure which re- quired of him "good secmity" that his own ships should not "trade 14 HISTOBY OF NEW-YOEK with pirates" — unless he wished to set a good example! Either as merchants or as a council they were all more or less, officially at least, involved in what had been " practised there before." They may have O^ '(yy (/5ayA^^ -J^-f^JQ^ had no personal regard for Governor Fletcher ; or they may have been willing, when they conld, to separate themselves from his doings. On May 8, some of them, " the gentlemen then present," on the strength of certain depositions laid before them, thought he ought to be sent home " a prisoner." But it is evident enough that this did not repre- sent the majority sentiment. It is not the writer's place nor purpose to enter into the preceding administration further than it concerns EAEL OF BELLOMONT AND SUPPRESSION OF PIEAOY 15 Lord Bellomont. The latter has, however, been accused of, and of acting upon, an intense "prejudice," unreasoning and unreasonable, against his predecessor. Certainly he had a prejudice; how could he help it 1 All this time, to say nothing else, ex-Grpvernor Fletcher remained in the city; no man in it was more deeply concerned that Bellomont should fail in his mission than he; and at his house he and members of the council, Bayard, NicoUs, Brooke, Minvielle, and Pinhorne, if not others, caballed, counseled, and planned. Nor could Bellomont remove them except for cause. Daniel Webster has said that "the simplest of governments is a despotism"; that is, a one- man rule with absolute power. Bellomont had to consult and satisfy lords of trade, king, council, assembly. He was between two lines of fire. The council " hindered " him, and the merchants threatened. He says he was obliged to " stand entirely upon his own legs"; but they were sturdy Irish-English legs, and equal to much "uphill work." Against Nicolls he obtained sufficient evidence of various trade com- plicities, suspended him, and sent home his reasons and proofs. Also (June 14) he suspended Brooke and Pinhorne. Pinhorne was vio- lently opposed to the governor's proceedings, and became disrespect- ful to his Majesty. He retired to his plantation on the Hackensack, and became a judge and councilor in New Jersey. But it still left in Bayard and Minvielle the council to trouble him, whilst Brooke and Nicolls became brewers of mischief without. We must now turn to the assembly, the important popular body, although it numbered but nineteen members. The actual origin and beginning of the New- York assembly was with Leisler. It was the natural outcome of his democratic ideas, and he first called it into being. Back of him and into Stuyvesant's time the advocates of larger liberty for the people had rapped at the doors of successive governors for recognition, but had failed in their demands. The cen- ter of these demands was invariably certain towns on Long Island. There stood the tree which no gusts of royal or viceregal displeasm-e could uproot, which only grew the more sturdily for the blasts it encountered. To Leisler we owe the first fruitage of this long wait- ing. WiUiam, fortunately, had the same liberal ideas, and by his orders to Sloughter in 1691 made that first experiment permanent. It had become already an institution of considerable power; for the country members, especially, were sometimes very stubborn and inde- pendent: "big," as said Governor Fletcher to them in his wrath in 1694, "big with the privileges of Englishmen and Magna Charta," and "taking upon them airs as if they were dictators"! Therefore, as he could not move them to his wishes, he told them, with an angry snap, to "withdraw to their private affairs in the country." "You are hereby prorogued to the tenth day of January next ensuing!" In 16 HISTOBY OF NEW-YOEK the present posture of affairs the character of the assembly was of consequence to the governor. If it was controlled by the same influ- ences and individuals that opposed him in the city, his position would be well nigh untenable. The assembly voted the money. The fii'st one, called by him for May 8, was unimportant except as showing his principles of action. He should "consider it the glory of his govern- ment," he told them, "to find out some way to reconcile party spirit." "I will pocket none of the public money myself, nor shall there be any embezzlement by others"; his accounts should be furnished for inspection whenever desired. He did not hesitate to tell them in what xa state he had found the govern- ly^ £^j^>^-i^A<^/^ ment. In fact, the assembly ^- — itself was an eAddence of this on one point. His proclamation had commanded "all fairness of elections, and legal and just returns of representatives." Yet what was the case, even so early in our history? The election of eleven, a majority, was disputed, but they kept their seats. The sheriff of New- York and Orange Counties returned four persons as elected, and yet confessed that he had not allowed the people of Orange County to vote; and these fom', together with other disputed members, kept out two who were regularly returned, on pretense that they were under attainder for taking part in the Leisler troubles! So old, in our pohtics, are election frauds, so early was the seeding of what has become a far-branching upas-tree! The injustice, in the assembly, was to Leislerians. But when appealed to by six members, the governor said he neither managed elections nor would he inter- fere with "the rights and liberties of the House of Representatives." However, as the assembly did nothing but wrangle for a month, he prorogued it. We now revert to matters in and out of the council, previous to the next assembly. So far, one thing had been gained — the revenue was increasing under Van Cortlandt. In July the earl himself went to Albany to fulfil an appointment with the " Five Nations of Indians " ; and it is an instance of his indomitable resolution and energy that, to be there punctually, he embarked in the midst of a fit of the gout, to the great hazard of his life, since he caught cold on the river, and " had like to have died" when he reached Albany. We need not recount his negotiations with the Indians, or with Count Frontenac, so long the plague of that frontier. To keep the Five Nations friendly in the face of French intrigue, BeUomont, like his predecessors, had to fee them well. According to Domine Dellius, of Albany, who preached to and studied them, they were at this time among the very lowest in social morality, and were, to some extent, cannibals. It is just to note, in this connection, that three years before Eliot, the celebrated apostle EAEL OP BELLOMONT AIJD SUPPEE8SI0N OF PIEACY 17 to the Indians, held his first service, the Dutch ministers of Albany began a Christianizing work and preaching along the Mohawk Valley. Between 1690, when Schenectady was burned, and 1697 and the Peace of Eyswick in Europe, in Canada and the woods it was a state of war. But there were some so-called "Christian Indians"; and in fifteen years after 1702, there were recorded in the Schenectady church thirty- nine marriages, one hundred baptisms, and fourteen received as mem- bers; so that in 1880, at the two-hundi'edth anniversary, they joined the tortoise with the Holland pelican, the English lion and the American eagle, in remembrance of their early Indian membership. What havoc that war made may be told in figures. In 1689 the Five Nations had 2800 men; in 1698, 1320— a loss of 1480 ! In 1689 the city and county of Albany had 662 men, 340 women, and 1014 children ; in 1698, through departures and casualties, 382 men, 262 women, and 805 children — a loss of 567. These figures, also, show an average at the time of three children to an Albany family. The earl's return in September led to further and important changes in the council. Up to this time he had shown no intention of pushing forward the party of the Leislerians. Only one thing had he done, about a month after his coming, which could possibly be construed that way: he had ordered the restoration of the Leisler and MUborne property. But if there was one thing the earl held sacred, it was an act of Parliament; he was loyalty itself to the law and his instructions — they were his rudder and chart, and decided his course. Added to the seizure of goods, this order was caught at for purposes of prejudice and resistance. It was said, and has come down in history as valid, that "innocent parties" had to "vacate houses and stores" which they had bought "in good faith"! Such a plea was barefaced. In 1692 Mary in council ordered the estates of the deceased restored. From that moment the title was bad, and they knew it. In 1695 a positive act of Parliament required the same, and they knew it. And now, on the one side were the Leisler families defrauded of their rights and press- ing them on an honest governor; on the other, parties who held the property in defiance of law and Parliament. In such a case the only charge against Lord Bellomont can be that he was too brave and right- minded to hesitate as to his duty. But it touched the dominant party; no Leislerian, we may be sure, had ever bought that property. Fm'ther than that the governor had not gone. In fact, in a list of six names of persons suitable for councilmen in place of Brooke, Nicolls, and Pinhorne, he had included Philip French and Adolph Philipse, son and son-in-law of Frederick Philipse, who cer- tainly would have been against him. French was speaker of that abortive assembly, and concerned in its illegal acts. By September, Vol. II.— 2. 18 HISTOBY OF NEW- YORK however, he felt obhged to remove other members of the council; and equally was he obliged by everything in the case to turn to some of the other side. The merchants and others opposed to him, both in and out of the council, were in no way placated ; and many of these prominent men had even sent a petition to Whitehall, by Mr. Brooke, for his recall. Verily might he be "sick of such coun- cilors." Bayard and Minvielle and Willett he now (September 28) suspended; also John Lawrence, who was eighty-two years old; and the next morning Philipse resigned on the plea of age. These were succeeded by Abraham De Peyster, Robert Livingston, Dr. Samuel Staats, and Robert Walters, "men of good estates and reputation"; and these, with Van Cortlandt, Smith, and Peter Schuyler of the old numbei', made up the new council of seven. The names of some of these men suggest the past and connect it with the present. Bayard, PhUipse, and Van Cortlandt were the coun- cil in office under King James II., and as such led the opposition to Leisler in 1689, although Bayard was throughout the conspicuous and influential figure. Of those present when Governor Sloughter landed in 1691, and who influenced him in his dealings with Leisler, were PhUipse, Van Cortlandt, Minvielle, Brooke, Pinhorne, and Willett, Bayard and McoUs being at the time prisoners in the fort. Of those who examined Leisler and the rest as prisoners were Van Cortlandt and Brooke; of those who judged and condemned them to death were Pinhorne, William Smith, and John Lawrence ; the council which condemned Leisler and Milborne to their hasty execution were Philipse, Bayard, Van Cortlandt, McoUs, and Minvielle ; and the man at whose house weak Grovernor Sloughter was induced to sign the death-warrant, during a convivial party, was Bayard! These men, thus personally and deeply implicated in that feud, had ever since been the council, controlling the offices and the execution of the laws, under the governor. They were the head and front of that "little oligarchy " of which Bancroft speaks ; that shrewd but " selfish " aris- tocracy composed of wealthy people, landowners, and merchants, who had thus far had everything their own way. Of them all Bayard, sec- onded by McoUs, was by his personal qualities the undoubted leader, clever, untiring and aggressive. Of the men of the period which is passing before us Livingston, for one, is said to have been so " icily impertinent," so " indifferent to giving pleasure or pain," as never to have been popular in New- York. On the other hand Bayard had qualities which made him popular in his own set, and as a partizan exceedingly influential ; to the other side as obnoxious, as intensely hated, as man could well be. For this, aside from public acts never to be forgiven, his excessive pride, his overbearing arrogance to other people whom he chose to consider not his equals, was mainly respon- EAKL OF BELLOMONT AJSfD SUPPRESSION OF PIEACY 19 sible. It is true he had once been a deacon, and one of whom Domine Selyns in his exuberant style had written for his use in England: a "pious, candid, and modest Christian," filling his ofaee of deacon "with consummate approbation and praise" ! Nevertheless, he has not come down to us in the picture-gallery of that day as a " modest Christian," who to any very successful extent cultivated humility ; nor, during these immediate years, was piety as noticeable in him as were some other qualities. The rehgion of the period in the colony, we must remember, was not as advanced in the moralities as at present. It labored under disadvantages, was to a large extent outward and formal — a cutaneous erup- tion with many, which touched no vital organ. Especially were men of rank and standing, who were not wholly disgraceful, apt to be lauded as good Christians. Moreover, these were high party times — times which brought to the surface and showed in their malignity traits, if they were there, which otherwise would have remained and slumbered innocuous under ground. Such as Bayard was, such was in the main his party. The offices and the influence were theirs of right; and to be superseded by Leislerians was an indignity and an offense which startled them like an earthquake. It will be seen that the earl had now brought down upon him the ai'istocratic party; at least that portion of it which was more devoted to Bayard. As merchants, as a council and as a party, they were essentially one — all anti-Leislerians. In removing their leaders from the council, and especially now Bayard, and in thus replacing them with De Peyster and the rest, he had struck a blow at the party suprem- acy. From his letters, his own idea would seem to have been to "bal- ance" parties. But to be "balanced" with Leislerians, by tm'ning out their own leaders, was a thing not on the cards of the so long uppermost faction. They were again in loud insm-rection. So indignant was Bay- ard with the whole business that he followed Brooke to England to present grievances, leaving Nicolls to manage party interests at home. In a word, we may say that up to this time, since 1691, to keep them- selves up and in, to keep the Leislerians down and out, had been the dominant chord with the other party. Compromise had not been shoemaker's LAND.l 1 The original name was Shoemaker's Pasture, presented to the Dutch Reformed Church, and still forming part of its property. Bditok. 20 HISTORY OF NEW-YORK thought of, nor was it as yet really possible. The cockatrice of the ancient fable was the product of a cock's egg hatched by a serpent, and had the wings, legs, and head of a cock npon a serpent's body — an in- congruous and impossible combination, quite contrary to nature. So here, this was a blood feud, with a separating scaffold between, and their principles and motives were utterly diverse. If the earl made any changes, or any that were to be of service to him in his principal work, he must introduce into his council new elements, men not so bound together by ties and interests adverse to him as were those who went out. And (as he himself felt) why should he not I Why should these same men and this "little oligarchy" be always and only in office and in power, when the other side comprised the real majority of the people of the province ! In this and in these feelings he was liberal, demo- cratic, and consistent with what he had said concerning "the rights and liberties of the House of Representatives." An old writer has said that in his time there had always been (what he calls) an "upper-crust party," composed of certain prominent classes. But whatever the uses of the upper crust in the baking, it is certain that the under crust bears the main burden of the pie, and has, therefore, a clear claim to respect- ful consideration. For one of his rank and education, in his day, and with such opposition as confronted him, it should surely be regarded as a reason of honor to Lord BeUomont, that he so freely and bravely recognized and accorded to the people their rights. Individually, the different scenes of a tragedy or comedy only advance by so much the main thought of the piece. This must not be over- looked in the history of a period. On some narrow strip of land or upon some inland sea may have been fought, has before now been fought, a battle fateful to dynasties or countries. Yorktown decided the success of the Eevolution, the separation of America from Eng- land. Said Lord North, the English premier, when he heard of it, " Grod, it is all over!" Professor John Fiske closes his "Beginnings of New England" with the words, " The spirit of 1776 was foreshadowed in 1689." They may seem periods too far apart to connect, but are not so in reality, any more than ears upon the same track, which are brought together and propelled, mile after mile, by the same spirit of steam in the engine. We speak of the "spirit of '76," almost as if it were some thing isolated and alone. It simply marked an advance, the ripening of grain long before sown. As the origin of the Revolution, Hutchin- son refers to a shght which had been put upon the father of James Otis, in his not being chosen chief justice of the province; and says, "from so small a spark a great fire seems to have been kindled" — that is, it made James Otis a malcontent against government and a patriot. President Adams said, better, "here began the Revolution" — not in that affront, a personal pique, but in the principles advocated by Otis. EAEL OF BELLOMONT AND SUPPEE88ION OF PIKACY 21 What fire of such dimensions could even Otis have kindled, had there been no burning material ready to hand in the minds of the people! It may seem far to carry back the beginning of that flame, or its preparation, to 1689. Were not popular liberty a principle of the reason with its germs in human nature, and, therefore, like every- thing of God's planting, destined to be developed, it might seem too great a length of time to carry it back to Eoman days — to those old days when the Senate ruled, when the aristocracy was or thought itself the nation, when it took all conquered lands at a small quit-rent and handed them down from father to son; but when, also, in due time the Commons arose to claim their share. Defeated, suppressed, even dis- appearing for long periods, the spirit of liberty in and for the people lived on. The rule of English Oliver was a break in the long subserviency to king and nobles. The year 1689 in New- York (to which we return) brought another break; it gave coherency to a popular party — the first in its colonial history. Leisler held his own for two years because he was backed by the people, not a "rabble." One avowed reason for his execution was to intimidate the people. And now we have Bellomont in 1698, after the intervening years of virtual suppres- sion, by his change of council and its effects, affording them an oppor- tunity to estabhsh themselves, putting new life and vigor into them. It was a happy circumstance for the state, for that party grew in power and was there when much needed, under subsequent royal gov- ernors of a different kind from Lord Bellomont. It may be said, also, that the Leislerians, at this precise date, were the most honest party — not through any incorruptible grace, but because they came so largely from the as yet unsophisticated people; because they had been kept away from the public crib ; because evils in the soil had not been watered by opportunity nor visited by the sunshine of Governor Fletcher's favor. So it happened that those original trade dishonesties obliged the earl to do the people's party and the state future a good tm-n — which, however, his own liberal principles allowed him to do heartily. Early in October, and, doubtless, a first-fruit of the change in the council, an event of marked interest took place. It was the interment of the bodies of Leisler and Milborne. For seven years since the exe- 1 This later portrait of Lord Bellomont has ap- peared in several recent works, but there is some doubt of its authenticity. It certainly has no re- semblance to the earlier and genuine picture on another page. Editor. 22 HISTORY OF NEW-YOEK cution in 1691, they had remained where they had been hastily placed, in a grave of dishonor, or it might be called a hole, at the foot of the gallows. Abraham Gouverneur and Robert "Walters, with others of the family, now moved to have them receive Christian burial in the crypt of the old Dutch church. To this the governor assented, partly out of a "principle of compassion" for the family, but "chiefly" out of respect to the act of Parliament which, as he expressly says, legiti- mated Leisler's assuming the government. Of course, it was furiously opposed; but the governor sent a guard of honor of a hundred sol- diers. The disinterment took place at midnight. A "rank storm blew." Nevertheless, upward of twelve hundred people were present, who, to the beating of muffled drums and with lighted torches, moved in procession to the City Hall. There the remains were permitted to lie in state for several days, and were then interred under the church. So ended, without any breach of the peace, this act of late justice ; but without the relaxing of a muscle of that implacable hate among the old leaders and so much of the opposite faction, which had pursued the memory of these two men and pursued their adherents since 1691. The new assembly was convened for March 2, 1699, but owing to bad weather and travel did not meet till March 21. Exciting times beforehand! It was a test question — Leislerian or anti-Leislerian ! To secure a reasonable degree of fairness, the governor changed the old sheriffs and put in men of "better figure" in their counties. NicoUs especially was in his element — a practised political manager, active and indefatigable. More than once, it ' .^'/>nzH-^f^€JlJliO is s^i>v%--- ^r> «^^ Ww ah LETTER OP COL. NICHOLAS BATAKD.l 1 Translation of letter : Mr. Robert Sanders : N. York, Jan. 10, 1698. gift under hand and seal from the Indian proprie- Your letter of Nov. 15 reached me duly with tors, certified before some magistrate, whereupon the answer between you with Messrs. Honan and the patent will be passed ; this is for your inf or- Miller. I have again arranged with Honan, who mation. The remaining trifles, such as tobacco and will now write to you ; they have neglected to take pipes, &c., I will send up with the first yacht. I up the grant, and now the time has run out so that would have sent them up with the last yacht, but it must be petitioned for again, and while Miller yourlettercame too late into ray hands. Should it has gone I think Mr. Jamisson will take his place, happen that you come to see Skohaare's land, be with whom you will again come to rights much so kind as to make me a chart or report of the better ; however, if you wish to have a grant sepa^ situation of the same. The patent is now being rately for yourself for Squaege, I shall promote made : the envy of those of Albany has made it the same for you, but the same wUl cost about cost me more than I had thought ; for a long time three pounds or 10 pieces of 8 ; this money you it will not be worth anything, and now they tell me will need to advance here, for without money that the best land has been ruined by the overflow there is nothing to be gotten out of the Secretary ; and sand from the KUl. Patience! Withgreetings and then you must procure a deed of sale, or free from your friend and servant, N. Bayakd. 26 HISTOEY OF NEW- YORK THE NEW CITY HALL, 1700. When attention was called to it in England, accompanied by a schedule of the grants, the lords justices instructed Bellomont to use "all methods whatsoever allowed by law" for "breaking and annul- ling" them. Whereupon Mr. Attorney-General was directed to draw Tip a bill to that effect. He had been in favor of such a measui'e, and at his own suggestion six special grants had been named in the bill. But when it was about to be acted upon in the council and assembly, what was the earl's amazement to hear him declare that it " could not be done," " 't was an original right by virtue of the great seal and the public faith of England"! Mr. Attorney had found a "quarter of meat" laid across his threshold, which he considered a menace that he was to be "quartered"! The earl laughed in his face; but evidently he had been " threat- ened," and went over the fence at once. In the house, and as speaker, he opposed the bill vehemently. With all his fine talents, and even brilliancy, it is certain that Mr. Graham was a coward and trimmer, utterly untrustworthy. Like a heron watching a frog-pond, he stood on one leg till expediency led him to change to the other, with the concomitant "ill luck" of being hated and despised. Lord Bellomont was not of that kind. The council stood three to three, and he gave the casting vote. In the house it passed by a large majority. But before it could become fully effective, it had to receive English approval. This it was which gave the earl liis trouble; it transferred the conflict to the other side, where agents and agencies were busy to pull him down, whilst he was confined to his duties at home. Moreover, it brought in a fresh element of opposition, — the clerical, — which must now be explained. A brief glance at the grants specially named in the assembly bill will best of all show the nature of the question. First of all was one to Colonel Nicholas Bayard, for which he paid Fletcher one hundred and fifty pounds, of lands on both sides of the Schoharie Creek, in Mont- gomery and Schoharie counties, some thirty miles in length— a grant not made in acres, but "in the lump by miles," and as exactly measur- able as a flock of wild pigeons ! Another was to Colonel Henry Beek- man, of Kingston, called the "great patentee." When a boy asked a Dutch farmer if there was "any land in the moon," he replied, " Colonel Beekman can tell you; for if there is any there, you may be sure he has got a patent for the bigger part of it ! " This special EARL OF BELLOMONT AJSfD 8UPPEE8SION OF PIRACY 27 grant was of sixteen miles square in Duchess County, with lands on the Hudson eight miles in breadth by twenty in length. Another was to Captain John Evans of his Majesty's frigate Eichmond, which lay in the bay but did no service in improving the revenue: viz., lands forty miles in length by twenty in breadth, and which included the southern tier of towns in Ulster County, two thirds of Orange County, and part of Haverstraw in Rockland County! Colonel William Smith of the council received about fifty miles of Nassau (Long) Island— "all the vacant lands" not covered by "former pat- ents"! William Pinhorne, Colonel Peter f^/^ ^, /^o /^ Schuyler, Domine Dellius, and two others ( ^^^'^'^^ ^u^A^ obtained fifty miles of the Mohawk Valley ^^ from Amsterdam to West Canada Creek in Herkimer County ; whilst Domine Dellius individually secured on the east of the Hudson in Washington County a tract seventy miles long by twelve in breadth, and which extended into Vermont ! For , these they gave Fletcher something like fifty pounds apiece, and valued them at from five thousand pounds to twenty-five thousand pounds! A partial hst merely of great grants, which yet left untouched eight or nine more. So had they parceled out the province among them ! Familiar names in these troubles, some of them, — Bayard, Pinhorne, Smith. The bill, however, connected with these two other small but im- portant pieces of land. After the earl's appointment to succeed Grovernor Fletcher, the latter leased to Colonel Caleb Heathcote, his special friend, "the pleasantest part of the King's garden," and to Trinity Church (for seven years) the "King's farm," a demesne of the fort and a perquisite of the governor attached to and around his residence. Thus we have in view the main elements of the com- ing struggle in England — the same old party, most of the great landholders, an abundance of money, with names known and influen- tial, but now reinforced actively by Trinity Church and the Eev. Wil- liam Vesey and Domine Dellius. Bayard and Brooke were already there ; Domine Dellius (who had also been virtually deposed by the bill) was soon on his way, with commendatory letters and seven hun- dred pounds in his pocket, and was expected to obtain the coopera- tion of the Classis of Amsterdam; whilst Mr. Vesey, in behalf of Trinity Church, invoked the aid of the Bishop of London, to secure, if pos- sible, the recall of Lord Bellomont! Verily might he at this time be likened to a noble bull at bay teased and tormented by no inconsider- able adversaries ! Domine Dellius had often been among the Mohawk and Eiver In- dians on missionary work, and undoubtedly had an influence among them. His description of them we have already given. Peter Schuy- ler, the great diplomatist in Indian matters, had yet more influence; 28 HISTOEY OF NEW-YOBK Pinhorne certainly had none. It was not gratitude for services ren- dered which, induced the Mohawks to give away the best part of their lands to the five mentioned in that grant, and it should be enough to con- demn the whole thing that Peter Schuyler and Major Wessels very soon resigned their share because of frauds in the pm'chase. Peter Schuy- ler has come down to us as one of the few naen of standing in his day whose names were unspotted with dishonesty. Nor, in addition to that grant, can Domine DeUius be justified in his acquisition, individually, for a few knives and tobacco-pouches, of that other immense tract, covering so much of the northern part of the State. He had no family to leave it to ; he had already traded with the Indians ; and the indica- tions are of a speculation of which not the province, but he, would reap the profit. Nevertheless, he was now on his way to add his clerical character and grievances to the weight of testimony against the Earl of Bellomont. The Rev. Mr. Vesey's course might seem strange. A young man of twenty-five, only two years rector of Trinity, who had dined often with the earl and ridden with him in his coach-and-six, to whom and his church, of which he was a communicant and constant attendant, the governor had done substantial favors; nevertheless, immediately after the passage of that bill he tm-ned against him. Let it be recalled that the lease of that farm to Trinity Chm'ch was merely for seven years. The church was to pay twelve pounds a year, and it sublet it for twenty- five ; but it was no part of its property taken away from it by the bill. Yet Mr. Vesey immediately left the earl and his family out of the prayers; more than this, he prayed each Sunday for Domine DeUius by name, desiring God to give him a safe and prosperous voy- age and great success with the king. Astonishing course for such a matter! The vestry, also, wrote to Archbishop Tenison, mentioning this very lease, and only this, as an evidence of Bellomont's intention to destroy the church. Mr. Vesey himself had been brought there by G-overnor Fletcher and Colonel Heathcote, great patrons of the church. This, to him, was an attack on them and on Trinity; he took fire at once and vehemently, as was his nature— a match that only needed rubbing; but principal, with Willett and others of the party, in the vestry was the inevitable, indefatigable NicoUs. It will bring this topic to a close to say that they did not succeed in their principal object. They did delay and for the time prevent the approval of the bill. The earl himself did not live to see it approved. In 1705 Lord Cornbury induced the assembly to repeal the action of 1699, and to donate this land to Trinity Church. Again, however it lacked the royal approval; and in 1708, Queen Anne "repealed and declared it null and void," and restored, with her approval, the Bello- mont bill as he liad framed it. That bill showed his nobleness it for- EAEL OF BELLOMONT AND SUPPEESSION OF PIRACY 29 bade himself or any other governor to lease that particular farm and garden property for longer than his own term to the prejudice of his successor. Also, whilst the bill was under fire in England, and bad man as he thought Domine Dellius to be, h6 wrote that he did not wish his claim vacated unless all were vacated; it would not be just. The result to Mr. Vesey was that in 1700 the Bishop of London advised him to make his submission to the earl. He did it, and the latter promised to be his friend, "provided he behaved himself peaceably and discreetly for the future." On May 16,1699, Bellomont pro- rogued the assembly, embarked for Boston on board a "little gal- ley" which Lieutenant-Governor Stoughton had sent, and arrived the 26th — not a modern or model yacht. Another cold caught at sea, another fit of the gout, and long letters to Avrite! But the Bostonians received him hand- somely. An immense procession of military and citizens accom- panied him — "such a vast con- course of people," says John Mar- shall in his diary, "as my poor eyes never saw the like before"; and, "to end aU, fireworks and good drink aU. night"! Not "to end all," for on the 31st Eev. Increase Mather, for his brethren, — better representing Boston, — made him a fine address. It is not necessary to particularize this visit, but the contrast may serve as a side-light upon matters in New- York. The earl had been a year in New-Tork; he was fourteen months in Bos- ton. Parties existed there as in New- York, the same trade laws pre- vailed, the merchants were a bold and outspoken class, there was a governor's council and a general court or assembly — to this extent the conditions were the same. Hutchinson says that as a presiding officer of the general court he was unparliamentary, would mingle in the debates, propose business, and frequently recommend bills he wished passed. Some of these the court refused to pass, saying "they were too much cramped in their liberties already, and they would be great fools to abridge, by a law of their own, the little that was left them." Such was their spirit. They would not increase by an iota the prerogatives of the crown. "Yet all was done good-naturedly, without giving offense," says Barry. And so popular was his Excel- ^^2.. ■€f\ ■y. 30 HISTOBY OF NEW-YORK lency that during his stay the general court granted him twenty-five hundred pounds (about $8,000), a much larger sum than his predeces- sors had received or than fell to the lot of some who came after him. Hutchinson calls him a "hypocrite" in religion. Why? It was the custom of the general com't to adjourn and attend in a body the "Boston weekly lecture," and he, although an Episcopalian, went with them and apparently enjoyed it. Moreover, he treated the minis- ters with marked attention and regard. In a word, the earl showed himself throughout affable, polite, and liberal; although he was too English and too good a servant of the crown to like all their ways. In retm-n, rigid as they were, and sensitive to intrusion upon their liber- ties, he did not find "the hearts of the male inhabitants" (to quote scur- rilous John Ward) "like their streets, paved with pebbles." What made the difference in his case between the two cities ? Was the earl a different man in New- York; or was it that selfish greed of a class with whom he was obliged to interfere, and for which interference they hated and maligned him? Is it wonderful that, with consciously failing health, and until he knew whether he was to be sustained in England, he preferred to retm"n to Boston, after a duty discharged in Rhode Island, rather than to go on to new conflicts in New- York ? Soon after his arrival in Boston, the governor was fortunate enough to capture the noted pirate Captain William Kidd, on July 6, 1699; and it permits us to return to the earlier subject of "privateers" and piracy, so closely connected with this history. And especially does Kidd's connection with Bellomont and the completeness of his history require a proper statement. In these days piracy had transferred itself from the older bucaneering centers to the Indian Ocean. One of the principal retreats of pirates was Madagascar. There they con- sorted with the dusky daughters of the island, and the descendants of such were there accidentally discovered many years ago. From this and other resorts they saUied out in search of plunder. Several of the Oriental nations had a marine of their own, and these they plundered. Moors, Armenians, and others; returning in due time to their island nests with the spoils thus accumulated, "Arabian gold and East India goods." How convenient to have rum and other necessities of their calling brought for them to Madagascar; in exchange for which, being sailors and not traders, they would, of course, give free- handed measures of gold and goods! For the trader, as things were with the officials, a few salable negroes, picked up on the way, would be tarpaulin enough to cover a cargo; the whole transaction was black. Evidently a ship loading for Madagascar was justly to be sus- pected, whatever the pretext made. Sometimes, however, the pirates themselves came boldly upon the coast. Even Penn's Quakers toler- ated occasional visits because they spent their money freely. The EAEL OF BELLOMONT AND SUPPRESSION OF PIRACT 31 whole coast, from Ehode Island to the Carolinas, was honeycombed with places of stowage or markets for their goods. Sometimes they came to the city itself. So did Captain Thomas Tew, whom Fletcher found so companionable that he took him to drive in his coach, and whom he was so anx- ious to convert, and to whom he gave a book on the "vUe habit of swearing"! This man was one of the worst, most daring and suc- cessful of aU; he made a fortune and retired to Ehode Island, but again returned to his old pursuits and succeeded in getting himself killed. Ultimately, others of them settled ,„,„„ .,„, •' ' SMITH ARMS. down in Rhode Island, upon the south side of Long Island and in the Carolinas, and left reputable descendants. Out-and-out, unblushing piracy of this sort the merchants of New- York, or such of them as engaged in the Madagascar trade, did not commit; and the council were perfectly willing to condemn it. Had they thought of it sooner, — in 1696 instead of in 1698, — Tew might have been arrested, instead of walking their streets and dining so often at the governor's table. What the merchants did was to send traders under the name and style of "privateers," sanctioned by the governor, to Madagascar and the adjacent seas. Privateering against an enemy's shipping in war time has been practised by ourselves and other nations, but under conditions of proper adjudication of prizes, goods, and money. Outside of these restrictions it would be piracy. But the ships that went out from New- York were not in search of an enemy; they were bound regularly to Madagascar. And why were they not themselves molested in those seas, from which they invari- ably returned with rich cargoes? Their methods, upon reaching the coast, have been given in the preceding chapter, and we need not re- peat them. We may say, however, that at the east end of Long Island, where hved Chief Justice WUliam Smith (known by the sobriquet of " Tangier Smith," as he had been governor of Tangier, and to dis- tinguish him from the later chief justice of the same name but dif- ferent family), the revenue was clipped through loose practices even worse than in New- York. Yet these merchants, in and out of the council, with Colonel Bayard at their head, were highly indignant when BeUomont; who never minced words, bluntly called the trans- action "piracy," "dealing with pirates"; and they declared that he "had vilely slandered eminent and respectable persons"! Of course it was an outrage and an insult to suspect such people, however evi- dent the circumstances! But the earl himself must have thought that one company of these very merchants would hardly have offered him a large bribe to let them alone without good reason for so doing. 32 HISTOEY OF NEW-YOEK Once in the council, they turned upon him with the charge that he had actually set Captain Kidd afloat. He felt it keenly, for in a mea- sure it was true. It was an argumentum ad hominem which, however, could not prevent his doing his duty. The earl's agi'eement in 1695 with Livingston and Kidd (who afterward turned pirate) has been in- troduced into a preceding chapter, but the full history belongs here. We may premise, then, that when he was captured that 6th of July, 1699, Kidd had not always nor for long been a pirate, not till that last fatal voyage which he began in 1696. In 1691 the assembly had paid him one hundred and fifty pounds for good public services, and he had distinguished himself in the West Indies. He had a comfortable home in Liberty street. New- York, an estimable wife, and a little daugh- ter. He was himself a man of some cultm-e,. and up to the time of his disgraceful lapse there had been no manifest reason to suspect him. In 1695 he sailed for London. The Admiralty were in urgent need of a vessel to send against the pirates, whose depredations were causing them trouble ; but the French war absorbed every ship. Some of them were understood to be from New-York, Rhode Island, and other colonies, and it was this that brought Robert Livingston and Wilham Kidd so prominently into the scene. Livingston was at the time in London on his own business — a man whose Scotch pedi- gi-ee gave him access to court circles, a man shrewd and capable of influence wherever he was. When Bellomont spoke to him of their difficulty and of the connection of these men with it, he suggested a privateer and Kidd as a suitable man to command it. After dis- cussion by the king. Lord Somers, the Earls of Oxford, Romney, and Bellomont, his suggestion was adopted, the king himself offer- ing to be one of the parties. These were the circumstances that preceded that agreement of Bellomont with Livingston and Kidd. By its terms it was to be a privateer expedition, commissioned un- der the great seal, against the king's enemies and pirates; Boston was to be the place for adjudicating prize-claims; and a regular bond was taken from Livingston and Kidd. Apparently Kidd was as strongly bound to fidelity as a naval officer, and, had he remained faithful, nothing would have been heard of it. Even as experienced statesmen, watched by adverse parties, they evidently saw nothing objectionable about the transaction. It was Livingston who by his strong indorsement of Kidd brought them into trouble. Perhaps had Bellomont known him better he would not so readily have trusted to it. Colonel Fletcher attributed to him the remark that "he had rather be called knave Livingston than poor Livingston." Cer- tainly he kept industriously out of reach of the latter opprobrious epithet. He began as town clerk of Albany and Indian agent- and in twenty years, by loans to government, by contracts, by purchase EAEL OF BELLOMONT AND SUPPRESSION OF PIEACY 33 from the Indians and such means, had accumulated one hundred and sixty thousand acres of the best lands on the Hudson. In politics he was shrewdly variable : against Leisler ; helping his son in England; for Bellomont, or against him, as the wind blew, as it might suit his interests. Not a man to trust implicitly. But, in this case, he was probably himself deceived in Kidd. He hoped to make money, and in the end, with the rest, lost his venture. Captain Kidd started upon his voyage in October, 1696. Perhaps he distrusted himself; it is said he did not want to go. He saUed for New- York, where he increased his force by about a hundred men, but loitered for nearly three months. In an article' published in Hunt's "Merchant's Magazine" for January, 1846, Mr. Henry C. Murphy has minutely traced his course. For a year no vessel was captured. He told his men he was lying in wait for the Mocha fleet. When it ap- peared it was convoyed by an English and a Dutch ship, and his attack was unsuccessful — his first leap into piracy! After a few less impor- tant captures, in December, 1697, he took an Armenian vessel of four hundred tons, the Quedagh Merchant, a prize worth £64,000, of which his own share was £16,000. Afterward he plundered the Banian merchants, and in May, 1698, took the Quedagh Merchant to Madagas- car. For these outrages he was now publicly declared a pirate. From Madagascar he sailed, in a sloop he had bought, with forty men for New-York, evidently hoping to make a successful plea that some of his captm^es were French and that what was wi'ong his crew had made him do. He first put into Delaware Bay, June, 1699; then sailed round the east end of Long Island into the sound as far as Oyster Bay, and communicated with his family. Nearer to New- York he never came after turning pirate. There Mr. James Emott joined him, one of the counsel against Leisler, counsel for Bayard on his subsequent trial, a vestryman of Trinity, a person of standing. Kidd carried him to Ehode Island and landed him, with a mission to the earl at Boston for a safe-conduct. At Block Island his Avife and little daughter came aboard. Thence he went over to Gardiner's Island, with whose owner he left part of his treasure, which was afterward given up to the au- thorities. Then he sailed for Boston, arriving off the coast on July 1. The earl's message to him was, that if "what ^ Mr. Emott said was true," he might come ashore. <#^^^^;;;^^^^^^ It was his only way to get him ashore. He came at last, but could not clear himself; was arrested, and, after long wait- ing for a ship, was carried to London, where, a year afterward, he was tried and executed. May, 1701. Such is, in brief, the story of his really unsuccessful piratical career, out of which have grown ballads and many diggings for mythical "buried treasures" along our Atlantic coast, and in various rivers and bays. Vol. 11.-3. 34 HISTORY OF NEW-YOEK How important to the eaii his capture was becomes apparent from what was going on in England. There a fierce political battle was raging. Their enemies were trying to ruin Lord Chancellor Somers and the Earl of Oxford, Lord High Admiral, by impeachment before the Commons. One of the charges was passing Kidd's commission under the great seal. The delay of a week in apprehending him at Boston, the delay in getting him to London, were both made use of — they indicated partnership. Bellomont's name was freely used. The New- York agents seized the opportu- nity to press for his removal. But Bello- mont himself sent the agreement and other papers relating to the case ; and when it came to the vote, it stood 56 for acquittal to 23 against. We sm^ely are entitled to quote as conclusive Lord Macaulay's deliberate judgment that none of the parties concerned "deserved serious blame"; that "their conduct was the very opposite of corrupt"; that they had "disbursed money largely" in the enterprise, "with the certainty that they should never be reimbursed un- less the outlay proved beneficial to the public"; and that "on this subject there would probably have been no difference of opinion had not Somers been one of the contributors." As if, however, to try the metal and mechanism of his mind to the utmost, an unexpected blow fell upon Bellomont. Parliament was in a bad humor with the king. He had dispensed the Irish confiscated es- tates too freely among his favorites. Without any distinction between those enriched by "injudicious par- tiality" and those "sparingly rewarded" for services, they abolished all the grants. It nearly made a rupture with the king, but he at last yielded. This deprived the earl of one thousand pounds a year out of his income. It was a serious loss to him, but one borne with his usual reserve of feeling and uncomplaining dignity. Stories from the other side, sent home and circulated, had their effect in elating his opponents with hopes of his speedy removal and in making the Leislerians timid. They were not sustaining him, as he A two Years JOURNAL I N Netp-Vori : Andpartof its TERRITORIES r N AMERICA By C W. A. M. LO HPO tf, lervth, Printed fer PicMc, X MDCc': FAC-SIMILE OP TITLE-PAGE. 1 1 The Rev. Charles Woolley published his journal of a residence of nearly two years in New- York city for the first time, it is believed, in the summer of 1701. Editor. EARL OF BELLOMONT AND SUPPRESSION OF PIRACY 35 thought they should do, by representations counter to Dellius and the others in England. When he returned from Boston (by sea July 24, 1700) it was not a pleasant exchange of cities to him. It was a regular spinning-bee he had dropped into, where they spun all sorts of stories against him for the English market and kept their tongues buzzing spitefully at the same time. During a visit which Colonel Nicholson and Grovernor Penn made to him, they tried to reconcile matters between him and the merchants; but he said /^ar.,--' he had no advances to make unless they could TV^'^^i.^.^-p^^e^t^ prove that he had oppressed them in their trade ^ contrary to law; and if the terms of reconciliation were to be his indulging them in unlawful trade and piracy, on those points he should be as "steady as a rock." So they continued implacable; but he had gained this much, that the Madagascar trade was apparently at a standstill and piracy on the wane — much to do for one man who had no ships to help him and so few reliable officials. The Admiralty sent no men-of-war to the East, nor any to the coast; the lords of trade or the lords justices gave him their orders, but as to the means left him practically unsupported. He had to create them as he could, without illegality or force, in the face of the most influential and strenuous opposition at home and abroad. Just at this time, as he wrote to the king, he would much prefer an honest judge and a trust- worthy attorney-general to two ships of war. From Chief Justice Smith he could get little aid; he lived one hundred miles away, was rarely present at the council, and, thoroughly indisposed to whatever touched the late order of things. His natural adviser in matters of pro- cedm'e was the attorney-general; but in his opinions Mr. Graham was as unsteady as a weathercock, one thing in the morning, another in the afternoon, and in him the earl had utterly lost his old confidence. Besides, although the earl was not aware of it, since Mr. Graham lived eight miles away and did not come to town, he was now really sick and near his end. Not knowing this, he removed him in Jan- uary, only a few days before his death. But already the lords of trade had commissioned Mr. Atwood for the place of judge and Mr. Broughton to be attorney-general, although they did not leave Eng- land till after the earl's death. Just at this time, also, the lieutenant- governor was absent in Barbados ; and, above all, in November he lost his best assistant as a public officer, the collector Stephanus Van Cortlandt. Under his good management the revenue had doubled. Although himself a great landowner, one allied by everything in and around him to his party, and therefore often opposed to the earl, yet of those who took part in Leisler's death, and with that one thing excepted, none has left so fair and honorable a record as Stephanus Van Cortlandt. By one of time's strange changes, with him in the 36 HISTOEY OF JSTEW-YOBK council before his death were Abraham De Peyster, so efficient with Leisler in the opening of the revolution; Dr. Staats, one of the con- demned of Leisler's council; and he was now succeeded by William Lawrence, another of Leisler's council. Mr. Weaver took his place as collector of the port. The bm-dens thus imposed upon and borne by the earl during his administration, and not less during the closing months, while he was being so " pushed at " in England and was so utterly uncertain of the result, may now be seen. When Hercules went forth to his celebrated labors, the gods gave him an outfit suitable to the tremendous task before him ; but the club with which he won so many Adetories he cut with his own hand from the forest of Nemea. The gods at Whitehall gave the earl no outfit at all, simply sent him to New- York to do almost impossible things ; and his only club throughout was his own inflexible resolution and integrity and energy. Shortly after his retm'n, the assembly met. The session was short, not up to the earl's wishes in the matter of fortifying the frontier ; but they passed an act which, perhaps, they thought answered as well and saved the money. It threatened the severest penalty of the law against Jesuits and Catholic priests who should come into the province. The reason of it was that Eomanism meant France, and France meant Romanism ; in the woods or in the province the presence of a priest was, therefore, to them the sure sign and fore leg of some new intrigue, some new danger, from France, in particular Canada. On August 10 the earl went to Albany. The Indians were slow in coming to meet him, and again the Jesuit was supposed to be the cause of it. When they did come they were sullen and out of humor, and gave him (as he says) eight days of the greatest fatigue he ever underwent in his whole life. We can imagine it ; the elegant and well-di'essed earl " shut up in a close chamber with- fifty sachems, who, besides the stink of bear's grease with which they were plentifully bedaubed, were continually smoking or drinking drams of rum " ! A surplus of perfumery worse than musk — enough to give him a fit of the gout ! But the conference being ended, with presents on the one side and compliments to my lord and lady (who always went with him) on the other, they were eight days retm*ning "in a little nasty sloop" which made his journey "extremely tiresome." The usual annoyances, and even greater, awaited him in New- York. His enemies were now quite sure of his recall, and acted accordingly. It is not at all probable that he would have been recalled during Wil- liam's life, who himself at this time was being " pushed at " by the same sort of men and knew them well. But upon Queen Anne's accession he certainly would have been: Cornbury stood ready. The question was not to come up. Late in February, 1701, the gout attacked him severely. Notwithstanding, and imprudently, he dictated letters and BAEL OP BBLLOMONT AJSTD SUPPEESSION OF PIEACY 37 38 HISTOEY OF NEW-YOEK wi-ote one or two. Upon the 5tli of March he died. Then, at least, by the grief it caused throughout the provinces, was seen how highly men whose seK-interest and party prejudices were not concerned had appreciated his qualities. In Massachusetts a fast was proclaimed throughout the province. His remains were interred with becoming honors in the chapel of the fort at the Battery. When the fort was taken down and the Battery leveled, in 1790, the leaden coffin was respectfully removed and deposited in St. Paul's churchyard. We close this survey with a summary of his character. Its domi- nant trait, as we conceive it to be and as history bears out, was suf- ficiently expressed in an early letter of his to the lords of trade : "A hearty lover of Enghsh laws and that values no Enghshman that is not so " ; and he declares it to be his chief design " to give the people here a just idea of Enghsh laws, that they bear the stamp of the highest authority of the King and nation of England, and ought to be re- spected as sacred." A loyal Enghshman of the olden time, if ever there was one ! That was the grain of the oak all the way through. A thorough Protestant, he believed fully in "the late happy revolution," and to his official superiors, as representing it and the will of the na- tion, and, therefore, to their instructions, he was as faithful and sub- missive as a dog to his master. For the same reasons and as part of the law, he would not manage elections nor interfere with " the rights and liberties of the House of Eepresentatives." He would not allow of illegal traffic. But, after listening to the Boston merchants, it did not at aU prevent his representing to the lords (as he did) how the acts of trade and navigation might be altered so as to remove all reasonable dissatisfaction and promote the "mu.tual advantage" of England and the colonies. A law-abiding conservative, he was in his tendencies a liberal one, open to reason and justice. And to this must be joined his inflexible honesty and firmness. But for this he might have lived on terms with the New- York merchants — had he been willing to shut his eyes or accept a bribe or let things go as they were. The simple trouble was that their greed and practices, and law and the earl's hon- esty, could not be made to run in harness together. Nor should we underestimate the courage and firmness it required in him to withstand their angry opposition. It was a small city. Some of these men had become for the time being colonial barons. Their wealth and estates and display, joined in some of them to official consequence, imposed upon people. Of course they had influence. They moved in a party, at a time when party spirit was rank, bitter, violent, and unscrupulous; and at such times men not personally open to charges of corruption are carried with the current to sustain persons and things they would otherwise not approve. It is the stronghold of wicked and designing men. It required a well-knit moral fiber and persistent courage to EAEL or BELLOMONT AND SUPPRESSION OF PIEACY 39 ■V enable a man to do his duty in the face of all this. He was slandering " eminent and respectable persons," they said. Nevertheless, neither their wealth nor acquired position nor names should influence history in its judgment of the case. The question before the earl, and now, was and is, the means by which they were obtaining this great wealth and ascendancy in the community. In order of prominence must next be mentioned his wonderful energy — for his years truly such. Without the aid of a secretary, un- less it may have been his estimable wife, and sometimes with a lame hand, what he wi'ote was immense: long letters, some of them cover- ing many pages of the large print- ed collection of colonial docu- ments to the lords of trade, lords justices, or the admiralty; letters to the different lieu- tenant-governors, and *' many others; and on how many different subjects: the state of the province, ex- Governor Flet- cher, removals, land grants, acts of council and assembly, Indian affairs, fortifica- tions, piracy and seizures, bedding and condition of the soldiers, accounts past and present, masts, tar, making salt and potash, and many other things ! All these, matters personally investigated or con- sidered by him, and then written about ! And in the midst of what wor- ries! At his age what constitution could long endure such a drain? Amid such various labors; amid such hindrances thrown in his way; with so much information to be derived from som-ces reliable and sometimes unreliable; with even his attorney-general not to be de- pended on; with the necessity on his part of rapid thinking, rapid writing and acting: it would be wonderful if he never misjudged, made no mistakes. It is not to be supposed that he made none. Yet, in connection with his voluminous letter-writing, it is due to the sub- ject to recur to one point at which we consider his real character mis- judged. We refer to what has been called his intense hatred of ex-Governor Fletcher, his predecessor. The impression is derived from his own letters to the lords of trade, which are full of Fletcher's doings and misdoings. We have already alluded to his own words as a true description of him: "a hearty lover of English laws, and that THE DE PETSTEB SILVER. 40 HISTORY OF NEW- YORK valued no Englishman that was not so " ; and also to his feelings con- cerning the king and the lords of trade. To their superior authority and wisdom he submitted everything ; whilst he also, as he said re- peatedly, considered it right and due that he should communicate everything that might assist their judgment. And he was a wonder- ful correspondent: a typical Englishman, with his grumbles and feel- ings all at your service, all uttered frankly, freely, and without reserve, from "beastly" to "nasty"! Without revising, correcting, or copying, except necessary duplicates, everything heard, said, or done went down in those despatches to the lords of trade, about individuals and things, even to the "stink of bear's grease" and the " little nasty sloop"! Momentary feelings or suspicions, which the next letter might correct — as once in Livingston's case — they were all there. So frank, so outspoken, so English was the man; we may even say, so did he gossip to the lords of trade ! And it was not merely what he remembered ; he had a little note-book of sayings and doings, in which every- thing went down. What Mr. Graham said at the earl's dinner-table about land grants, but took back the next morning, was there to face him and to go to the lords as an instance of his unreliability. He had to do this, for his employments were various, and he was among enemies. Nevertheless, in what was really important, as in all re- movals, he took depositions and evidence, as by his instructions required, and sent them for final judgment by the lords. In relation to Colonel Fletcher, this is to be considered — that he "valued no Englishman" who did not hold and uphold the laws as "sacred"; that the opposition he had himself met with from the very beginning came from maladministration of the laws; that a man of his unbending integrity and immense energy could but attribute "such abuses," in the language of his instructions, to "the remissness or connivance" of the governor; and that so feeling, it could but awaken his indignation. As he proceeded, there was nothing to miti- gate, much to increase, his belief that Fletcher was not only remiss, but corrupt ; and all this went into his correspondence with the lords. His information, at times, may not have been ^^^^5^^/? trustworthy or sufficient as proof ; run to earth, '^ individual stories may have collapsed; but the general scope of that administration lay patent around him, in those land grants and many other things. We do not, therefore, accept everything in his letters as deliberate utterance or literal truth ; but we acquit him of unreasoning and unreasonable prejudice. He had no reason to spare Fletcher or his own honest indignation. Yet if sometimes his phrases sound harsh, turn to the other side. They cultivated no amenities in those days; Fletcher himself exercised none. When it suited his turn to say so, both De la Noy and De Pey- EAEL OF BELLOMONT AJSfD SUPPRESSION OP PIRACY 41 ster were "rascals." And they pursued Lord Bellomont with persis- tent misrepresentation, not to say hatred, both at home and abroad. If he was sometimes unduly suspicious of men and frank to utter it — as once in particular of Schuyler — in those peculiar days in New- York, how many of the men of station around him could he really trust? How many could William trust in England ? Honesty was at a low ebb, and partizan morality a most uncertain and limited quan- tity. Only in spots might one bore for trustworthy integrity, with good assurance of finding it; it did not run through the town. One man the earl seems to have trusted im- pHcitly, without being disappointed : it was Abraham De Peyster. We regard Lord Bellomont, then, as one of the very best, one of the most unselfish and purest, of the English governors. Whatever his especial faults, they belonged to a frank and honest nature. If he completed nothing in his own day, he planted seeds which were to ripen in the future, and then at the call of death went his way. It was the fall of a noble EngUsh oak, torn suddenly and prematurely from its place. During the administration just closed incidents relating to the city proper were too few to require interruption of the main narrative ; or, rather, that narrative was itself quite largely a picture of the city's in- terior life and morals. We now confine ourselves to matters therein tiU the coming of Lord Cornbury. It may at this point be said that physically the city was in good condition. Within the limits were some seven hundred and fiJty houses, besides plantations and build- ings outside upon the island; and (by the census of 1703) four thousand five hundred white inhabitants and seven hundred and fifty slave and free blacks. The buildings, says Madam Knight-^, who took a horse- back ride from Boston, were mostly of brick, some of them glazed, of divers colors laid in cheques, and "looked very well"; inside, such as she saw "were neat to admiration"; and the ladies wore caps and "an abundance of ear-rings and other jewelry." For these many people two markets, one at the Bowling G-reen, the other at Hanover Square, sup- plied the meat; another, at Coenties Slip, the fish. Wells of water there were enough in the center of the streets; but being unpaved in the middle, in the absence of sewerage the streets, also, absorbed much that 1 "Journal of a Journey from Boston to New-York, in 1704," from the original MS. New-York, 1824. 42 HISTOEY OF NEW-YOEK a board of health would not have called wholesome. Therefore it must be regarded as an important step in advance, not often noted, that in 1699 public scavengers were first appointed. It did not imply any im- mediate dechne of the hog, nor, for many a long day, the absence of his portly and familiar figure from the streets. They served together as aldermen and assistant aldermen of the streets. When, during that year, the Brooklyn ferry was relet to Mr. Philip French, it is most curious to observe that the same legal tariff was continued — twopence each for a man and a hog, one penny for a sheep. Was it that (too common vice of the period) the men were usually "disguised with liquor" and equally unmanageable; or had they already discovered what a leading physiologist affirms, that "the common hog {Sus scrofa) is a creature especially suitable for comparison with man"? It is cer- tain that, had the comparison been made with the soldiers of the gar- rison, the hog would have been found the better fed, better bedded, better treated and esteemed. As of historical interest it is to be added that in 1699-1700 a new City Hall was built. The old "Stadt Huys" of 1642 was in such decay that courts and common council had already sought other quarters. Mr. Abraham De Peyster and Colonel Nicholas Bayard at this time owned nearly the whole north side of Wall street in alternate sections; and one of these, facing Broad street, Mr. De Peyster now gave to the city. Lord BeUomont allowed some material to be used from the old fort; and, in 1699, Mayor David Provoost, who had succeeded Johannes De Peyster and was the brother-in-law of both Abraham and Johannes, laid the corner-stone. It was finished in 1700, and there in due time Wash- ington was inaugurated. Nor should another incident of 1699, one of excellent import to the city, be passed by. It was the coming of Rev. Gualterus Du Bois as colleague with the now infirm Domine Selyns, who, indeed, died in 1701. Domine Selyns had been pastor of the Dutch church since 1682: as such painstaking, useful, and influential. The fii'st charter given to a Dutch church was due to his efforts. As a Latinist and poet he had note beyond the province. As a poet, both in Latin and Dutch, and one of a most "nimble faculty," he exceeded both Steendam and Mcasius De Sille, the other (earlier) Dutch poets of the colony. But his course during the Leisler troubles, and those troubles themselves, produced alienations and divisions, which ex- tended even to the calling of a colleague. Nevertheless, in 1699 Domine Du Bois began (in his twenty-eighth year) a ministry of use- fulness and honor, conciliatory, prudent, and kind, which continued fifty-two years. The only other coUegiate-ehui-ch pastorate of such duration is the one of the Rev. Dr. Thomas E. Vermilye, the present senior pastor, who was installed in October, 1839, in his thirty-sixth year. EAEL OF BELLOMONT AND SUPPEE88ION OF PIRACY 43 We now return to subjects which were speedily to engross the peo- ple. When the earl died (March 5, 1701), Lieutenant-Governor Nanf an was at the Barbados, nor did he arrive till May 19. Meantime the government devolved upon the council, of whom at the first only four were in town, viz.: Abraham De Peyster, Dr. Samuel Staats, Eobert Walters, and Thomas Weaver. Wlien Chief Justice Smith arrived, followed soon after by Robert Livingston and Peter Schuyler, an acri- monious squabble arose over the presidency. The chief justice, sup- ported by Livingston and Schuyler, claimed it by right of seniority, whilst the majority said it should be decided by vote. Livingston is again back with his old party associates. The difficulty itself the chief justice attributes to the influence of Weaver. But under the wing of that dispute new party quarrels were being fledged. Each side distrusted the other, and each side sent home its own report of matters to England. For the present the Leislerians had the ascen- dancy both in the council and (when it met) the assembly. The margin, however, was narrow, the situation one to evolve increasing heat and contention, without a head or hand of sufficient authority to queU or restrain rising passions. (n/^\j V/rj/^Jy'^^ Even when Nanfan arrived, he was a young man, merely a captain at the fort, not entirely ignorant of his duties, since, during the earl's absence in Boston, he had acted as lieutenant- governor under his directions; but not of force enough for the emer- gency. With this explanation we may now advance to the arrival of Chief Justice William Atwood, on July 24, a very important and in- fluential figure in what remains of this history. He was not an un- known man in England; on the contrary, a writer of learning on political subjects of the day, well read in the law, a stanch Whig and upholder of the rights of Parliament. His last publication was in 1704, and he seems to have died in England in 1705. As he was a rigid judge in admiralty, with Weaver as the collector, he was not popular, nor was Weaver, — perhaps no man could be. But as he took the place of Chief Justice Smith and acted with the Leislerians, and as neither Smith nor Livingston nor Schuyler appear again at present, it made the council a unit in all subsequent proceedings, with Atwood and Weaver evidently the leading personages. In October occm^ed the annual election for mayor and aldermen. It was a most remarkable one even for New- York. The common coun- cil of that period consisted of the mayor, recorder (Mr. Gouverneur), six aldermen, and six assistant-aldermen. Mr. Noell, anti-Leislerian, was appointed mayor without dispute; but for aldermen and assistants, every alderman returned the candidate of his own side as elected. Three wards were not disputed and three were; the latter being Leis- lerian and the candidates for aldermen Johannes De Peyster, David 44 HISTOEY OF NEW-YOEK Provoost, and Nicholas Eoosevelt. At the usual time for the meeting of the new council, the contest began. The Leislerians had them- selves previously sworn in by Mr. De Riemer, the retiring mayor; the others were sworn in by the new mayor. As the mayor refused to sit with the Leislerians returned elected by the aldermen but not sworn in by himself, and as there could be no legal scrutiny of the vote except by order of the council, the city government was at a standstill. In this dilemma the mayor himself appointed a committee of four in each of the Leislerian wards to canvass the vote; but as the two Leislerians in each refused to serve, the other two reversed the vote to their own side. Those reported by them were sworn in, whereupon both parties seated themselves upon the official benches, making twenty in all; and, to prevent imminent trouble, the mayor adjourned the meeting for a fortnight. It was late in Decem- ber before the council could organize, and then only through a decision of the chief justice in the Supreme Court, which left the parties evenly divided. Scarcely had the flame and heat of this conflagration subsided when another began, this time involving the court itself. It was the trial, conviction, and sentence of Colonel Nicholas Bayard (with Alderman John Hutehins, of less account) for high treason — the culminating scene of these years of party strife. The occasion of it may be thus briefly stated. Early in June, 1701, King WiUiam had appointed Lord Cornbmy, a cousin of Queen Anne, to be governor. His arrival was delayed till May 3, 1702, but his appointment was known. It gave fresh impulse and hope to the anti-Leislerians, as the city election had just shown. It was thought by them a good time to send petitions or addresses to the king. Parliament, and my Lord Cornbmy — addresses of the old partizan sort, which in an ordinary political contest might simply have been met by others. But this was not an ordinary con- test. Moreover, it was two hundred years ago. Certain sentences in the addresses seemed hooks strong enough on which to hang an in- JACOB STEENDAM.l 1 Jacob Steendam was a native of Holland, and came to this city in 3632, at tlie age of sixteen. He owned houses in Broadway and Pearl street. His principal poems are entitled, "Complaint of New Amsterdam, in New Netherlands, to her Mother of her Beginning, Growth and Present Condition," and "The Praise of New Netherland." They were translated and published at The Hague, with a memoir of the poet, in 1861, by Henry C. Murphy, and later were included in his anthology of New Netherland, issued by the Bradford Club of New- York. Editok. EARL OF BBLLOMONT AND SUPPRESSION OF PIRACY 45 dictment of Bayard, as being "scandalous libels" against the govern- ment past and present, and adapted to make it "vile and cheap"; and particularly since among the numerous signatures were the names of about thirty soldiers of the garrison, who had been "drawn in" with many others to sign these papers. It was, in a word, inciting to a sedi- tious spirit, and in this way disturbing the peace and quiet of his Majesty's government. Now it so happened that in 1691, after Leisler's execution for high treason, Bayard had himseK procm'ed to be passed by the assembly (and approved by the king) an act which said that "whatsoever person or persons shall by any manner of way or upon any pretense whatever endeavor by force of arms or other ways to disturb the peace, good and quiet -of their Majesties' government as now estab- lished shaU be deemed and esteemed as rebels and traitors unto their Majesties and incur the pains, penalties and forfeitures as the laws of England have for such offenses made and provided." Those "pains and penalties" were as yet barbarous, cruel in the extreme ; but the law was of Bayard's own procurement — a man now in danger, as it seemed, of being guillotined with his own invention. We have his son Samuel's declaration that Atwood and Weaver "drew in the rest " of the council to his prosecution under this act, but for which, he says, "we had not been in this condition." Strange ! These were Englishmen, Atwood only six months in the colony and its chief justice. Of Weaver we only know that he had come over with the earl, had been intrusted with some law cases, had been sent to England as government agent, and had stayed there three years, much to the earl's dissatisfaction. He had only returned to replace Van Cortlandt as collector, and had been in the council a year. These men, at least, had no such terrible rea- son for hating and pursuing Bayard in this way as had, for instance, Walters and Dr. Staats. What was their motive? Proceedings were not pushed unduly. It was January 21, 1702, when Attorney-G-eneral Broughton (who had come over with Atwood) was asked for his opinion on the case. He was not in sympathy with Atwood and Weaver, and his opinion was that no crime had been committed. It was February 19 before the court sat— a special Court of Oyer and Terminer, with Chief Justice Atwood presiding, and De Peyster and Walters lay judges. Meantime Bayard was in jail, and Lord Cornbmy on the sea— he might arrive any day. It is now to be said of this celebrated trial, that, as Mr. Broughton refused to appear, Mr. Weaver was appointed solicitor-general for the government; that the judge refused to have notes taken except by the sohcitor and counsel; and that we have no official account of it, no- thing but a collection of "memorials taken by divers persons" (Bayard's friends) "privately." It is simply their memory assisted by notes, compared and collected, and printed by order of Lord Cornbury at 46 HISTORY or NEW-TOEK the petition of Bayard! The account in Howell's "State Trials" is merely a repetition of this paper as put forth by Bayard — like so many of the papers of the time, not an account to be relied upon as doing justice to both sides. Bayard certainly had an object of im- portance to himself in publishing it. It is not a layman's place to review either the law or the evidence. It may be said, however, that Mr. Emott and Mr. NicoUs, for the defense, conducted it with evi- dent ability and legal knowledge; whilst the chief justice especially, whether right or wrong in his rulings and procedure, showed himself very ready in the law. De Peyster and Walters, as lay judges, took no part except to agree with the chief justice. It is on record that neither Atwood nor Weaver made a successful defense when they reached Eng- land; and the testimony, as given, seems of the flimsiest kind. How flimsy the evi- >f/H^dr^ftM^f^ /^U^ m9v^ P X~-^ i-u*rKo ^ft. ^5tJ J'w^^'i^ ^tn^ /^"•'^ ^^^A^ «.4^. Sg^ cfo^ ^A, ^ ^».»u^o ^ dence sometimes taken in a,f^/Oif-*v^ ff^ ^^^ ->«^7«;«<»vJ^ that day, and what liberties ^ *C^/f;^j^^^ii ^^ydU^^A■L>^ ^^^'^ *^k®^ ^y judges, is known. But the trial was not hurried, it was long; the jury were out for many hours, and more than once asked instructions of the judge; and it was not till March 9, at 3 p. m., that they ^^^^£^ / —-^^ /^///y^//0//M^ returned a verdict of guilty. A week's interval, and AUTOQEAPH LETTER OP LiEUT.-GovEENOR NANFAN. Bayard asks for a reprlcvB till the king's judgment can be obtained. This transferred it to the lieutenant-governor and council. It recalls how, ten years before, two prisoners, under sim- ilar circumstances, had made the same request; that the governor (Sloughter) had granted it; but that the council, and Bayard among them, had voted their immediate execution; that at Bayard's house was the governor induced to sign the death-warrant; and that within two days thereafter they had been executed, under the same barba- rous and abhorrent law of England. It was the origin of the Leis- lerian party. For all that. Bayard had never expressed a regret; he had even secured additional colonial legislation to increase the power of the acting government in such cases. That the gun thus aimed at others might recoil upon himself he evidently never dreamed; and assuredly he never meant to expose himself to the penalties of EAEL OF BELLOMONT AND SUPPEESSION OF PIRACY 47 high treason. He was not the man to put his neck within the reach of that noose. Now, however, it is his own turn to ask reprieve — the irony of fate upon a vindictive man. At this point the lieutenant- governor, Nanfan, first comes prominently into view. He sends word to Bayard that he should have no reprieve unless he made voluntary confession of his offense and begged pardon. It was March 17, and Cornbury certainly on his passage; a ship had already arrived which he was to follow in a week. What was the real object of the council? We can only form an opinion from Bayard's own publication of events. From the sheriff he learns that De Peyster and Walters had refused consent to his sentence until the lieutenant-governor had promised to grant a reprieve if due application was made for it; he now regards it as meaning that he should falsely accuse himself. On March 19 he sent a second petition ; but the lieutenant-governor was not satis- fied, and had the clerk of the councU draw up a proper one. This he copied (as he says), but it was again rejected. March 20, Atwood sends him word that unless his petition was a confession, he should have no reprieve ; and the same day the sheriff told him that Weaver had told Atwood that the people were hot for his execution. Then the sheriff tried to persuade him to yield, but he refused. March 24, he again had word from the lieutenant-governor, through his son, that, unless he confessed, execution should soon be done; and on the 25th the sheriff again tells him that the lieutenant-governor was being "feasted" night and day, and it was feared that through his intemper- ance he would be prevailed upon to sign the death-warrant. On the 26th his son waited on the lieutenant-governor, and was told that unless he confessed the warrant would be signed the next day. Dur- ing that day he sent for Domine Du Bois to ask his counsel whether it was safe to sign a confession under such circumstances, and was told no. But it is pleasant to find Domine Du Bois now doing as Mr. Daill^ did for Leisler, but as Domine Selyns and Mr. Pieret did not then do — he went to the governor, and at his request, so he was told, the signing was put off another two days. On the 28th the Domine told him that several of the council, probably De Peyster, Staats, and Walters, who were his people, had assured him that if, even in general terms, he would confess his offense, he should be reprieved; but to this Bayard said it was all trick and fraud to expose and ruin him, yet to save his life, if possible, he would draw another and comply with what the council told him, so far as he safely could. He then inserted a clause in his petition, which Domine Du Bois presented; but the next day he retm'ned with the news that it had been rejected as a reflection upon his sentence. A fifth petition of the next day (March 29) was unsatisfactory; but at the request of Domine Du Bois and Mr. Pieret, the signing of the warrant was again deferred another two days. Mr. 48 HISTOEY OF NEW-YOEK Vesey had been very vehement during the trial; had, therefore, taken a vacation in New Jersey, and was not with the other ministers. At this time, however, as Bayard was informed, his execution had been fixed for Easter Monday. Therefore, March 30, by Mr. Emott's ad- vice, he added another paragraph to his petition. With this the lieu- tenant-governor was at first satisfied, but Mr. Atwood intervened, and it was sent back; and then, "in consternation and confusion of mind," as he says, "with much regret and many protestations," "in hopes to save his life from the hands he was in," he altered his petition into a con- fession, whereupon he was reprieved, and his confession immediately printed and published. The struggle had contin- ued a fortnight. Would they have proceeded to extremities had he not confessed? Would they have allowed revenge and retaliation such scope? We cannot say. It was two hundred years ago. Human life was held at a minimum; forgiveness and even clem- ency were virtues scarcely in vogue ; even the courts knew nothing of the old Roman maxim, in doubtful cases prefer the milder (benigniora). Owing to Bayard's instrumentality in Leisler's death, and to later exas- perations, half the community would have thought his death a right- eous retribution. The chief justice, on his part, was apparently the very man to sustain his sentence to the end as just and right in law. Weaver was with him; and to a less degree, yet under their influence, Nanf an. Thus far De Peyster had been moderate in his partizanship. It is true that, before his sentence. Bayard had written him a letter accus- ing him and his family of seeking his blood. But there is no evidence that De Peyster, or Staats, or Walters, was virulent against him to that extreme. Perhaps they knew the man ; once before, in Leisler's time, he had weakened and confessed his error after only two days' imprison- ment. It is certain that Atwood and Weaver were the ones whom Cornbury pm'sued as chiefly responsible, that he imprisoned Nanfan for eighteen months, but only removed the others from the council. Surely it was too hazardous a game to urge to that result, too danger- ous a weapon to place in the hands of their enemies, and with Corn- bury coming! We can only close the chapter by saying that during their brief enjoyment of power, neither had the Leislerians shown themselves, as a party, capable of exercising it for the good of the 1 One of a pair presented by Bellomont to Col. Abraham De Peyster. Editor. EAEL OF BELLOMONT AND SUPPEES8I0N OF PIEACY 49 community. The passions of both sides were too hot, their fend as yet too bitter. They needed discipline of a new and effective kind; and for that we must leave them to Lord Cornbury — yes, we may safely leave them to my Lord Cornbury ! BURGOMASTERS OP NEW AMSTERDAM. 1653 — Arent Van Hattem. Martin Krigier. 1654 — Arent Van Hattem. Martin Krigier. 1655 — Oloff Stevensen Van Cortlandt. AUard Anthony. 1656 — OlofE Stevensen Van Cortlandt. AUard Ajithony. 1657 — Ailard Anthony. Paulus Leendersen Vandiegrist. 1658 — Oloff Stevensen Van Cortlandt. Panlus Leendersen Vandiegrist. 1659 — OlofE Stevensen Van Cortlandt. Martin Krigier. 1660 — Martin Krigier. Allard Anthony. 1661 — Allard Anthony. Panlus Leendersen Vandiegrist. 1662 — Oloff Stevensen Van Cortlandt. Comehus Steenwyck. 1663 — OlofE Stevensen Van Cortlandt. Martin Krigier. 1664 — Paulus Leendersen Vandiegrist. Cornelius Steenwyck. 1665 — OlofE Stevensen Van Cortlandt. Comehus Steenwyck. In this year Governor Nicolls changed the municipal government to the Enghsh form, and Thomas Willett was appointed mayor. In 1673 the Dutch regained the province, and for a year the burgomasters were re- stored. Thus, in 1674 — Johannes De Peyster. Johannes Pietersen Van Brugh. MAYORS OP NEW- YORK. Thomas Willett (1665 - 1667), the first mayor of this city, was originally a member of the colony of the Pilgrims at Plymouth, having arrived there from England in 1629. He soon thereafter entered upon an active trade with the colony on the Hudson, by means of the navigation of the Sound, owning and commanding vessels that plied constantly between Plymouth and New Amsterdam. In this way he acquired a perfect knowledge of the Dutch language, and became favorably known to the Dutch citizens. At the time of the English conquest in 1664, he seems to have been a resident of New Amsterdam. The prudent Nicolls allowed the municipal forms of the former regime to contiaue for nearly a year : then burgomasters and schepens were resolved into mayor and aldermen. Further to soothe the minds of the conquered even then. Cap- tain Willett was selected by the governor to be the first English mayor, by reason of his knowledge of the Dutch language. He occupied the oiSce until 1667. His experience after the recapture by the Dutch in 1673, his death and place of burial, with illustration of grave-stones, are noted in 1 : 358 of this work. Colonel Marinus Willett, mayor in 1807, was his great-great-grandson. Thomas Delavall was mayor of New- York in the year 1666, again in 1671, and for a third time in 1678. He held the rank of captain in the Enghsh army, and as he appears as a resident of New-York only after its seizure in 1664, it is to be presumed that he took part in that enterprise. Eecords of his purchases of property locate him first at Harlem, and later as the owner of nearly the whole of Great Barn Island, near Hell Gate. Still later we find him nearer the heart of the future city. Seven acres of land, upon which stood an excellent cherry-orchard, in the vicinity of the present Vol. XL- 4. 50 HISTORY OF NEW-YORK Franklin Square, were purchased by him for one hundred and sixty guilders ($64). It is readily perceived that the origin of the name of Cherry street is to be looked for in this orchard of the mayor's. Engaging in mercantile business, and owning a mill (which the bolting monopoly made a profitable investment in those days), the mayor acquired great wealth. He therefore still continued to increase his real estate, and in 1672 he bought the house built and owned by Secretary Nicasius De SiUe, on the east side of Broad street, corner of Exchange Place (for illustration, see 1 . 513). One of his daughters married WUliam DervaU, who was mayor in 1675 (see below). Mayor DelavaU was highly esteemed by both the Dutch and the English citizens. His pru- dence and concihatory spirit did much to soften the irksome yoke of a foreign power, under which the Dutch chafed, albeit it was largely by their voluntary or unresisting assumption of it that it had been imposed at all. Cornelius Steenwtck was mayor of the city in the years 1668 to 1670, and again in 1682 and 1683 (see, for his portrait and autograph, 1 : 349). As his name plainly indicates he was a Dutchman, and the fact of his appointment shows the extent to which the Enghsh authorities were willing to go to conciUate their Dutch sub- jects. It also manifests that he enjoyed the entire confidence of his superiors ; for not only was he made mayor of the Utile city, but in Governor Lovelace's absence he was appointed acting governor of the province. As an evidence of his loyal spirit and a specimen of his use of the English tongue, there is on record his speech when an ap- peal was made to the citizens to aid the work of fortifying the town, to which many of the Dutch objected. "As the governor has been pleased to put the Honorable Mayor and Aldermen for to look to the best of the town and the inhabitants of t' same, what they sail think fit and necessary for the best thereof, he being but ordered sail always be found a willing and faithful subject." His business was that of a general merchant or storekeeper, his wealth became considerable, and he was a generous sup- porter of the Dutch Reformed Church. His widow afterward married the Rev. Henricus Selyns, the prominent pastor of that denomination. Steenwyck occupied a substantial house on the southeast corner of Bridge and Whitehall streets, elegantly furnished for those days. The dwelling- or "living" -room (woon learner) is thus described: it was " furnished with twelve rush leather chairs, two velvet chairs with fine silver lace, one cupboard of French nutwood, one round table, one square table, one cabinet, thirteen pictures, a large looking-glass, a bedstead [no doubt sunk into the wall as usual, and thus taking away no space from the room] , five alabaster images, a piece of tapestry- work for cushions, a flowered tabby chimney-cloth, a pair of flowered tabby wiadow- curtains, a dressing-box, a carpet." (For picture of the house, see 1: 353). Mayor Steenwyck died in 1684. Matthias Nicoll was mayor in the year 1672. He was an Englishman, the son of a clergyman of the Estabhshed Church. It is uncertain when he came to America, but there is some reason to believe he was in New- York several years before the conquest. The latter event, however, first brought him into prominence, and he was made secre- tary of the province. He appears to have been possessed of some legal training or learning, for he had been appointed to preside at the Court of Sessions before he was honored with the mayoralty. He was mayor for only a single year, after which his legal experience was again brought into requisition, he being appointed one of the judges of the Supreme Court in 1683. He died on his estate on Long Island, near Cow Neck. As his native place was Islippe, Northamptonshire, England, the origin of that name on Long Island is evident, large tracts of land having being purchased by Nicoll. His son, William Nicoll, was speaker of the provincial assembly for about sixteen con- secutive years. John LAvraENCE was mayor in 1673, and again in 1691, exciting events signalizing both years, the former memorable for the recapture of New- York, the latter for the execution of Leisler. Mr. Lawrence was an Englishman, but was early a member of EAEL OF BELLOMONT AND SUPPRESSION OF PIRACY 51 tlie Dutch colony, receiving with others a grant of land on Long Island, embracing the present village of Flushing, from Director Kieft. He owned a small tradiug-vessel called the Adventure, with which he carried on a profitable business with the towns along the Hudson Eiver as far as Albany, and with those on both sides of Long Island Sound. When he came to reside in the city he built a house on the Hoogh straat, later Queen, now Pearl street, between Hanover Square and Wall street. In front of him was the river, and the shore just here was protected by the " Schoeyinge," illustrated and described on page 297 of the first volume. Mayor Lawrence attained the age of eighty years, dying in 1699. By a comparison of the family tree it is seen that no lineal descendants of his bear his name. The only son who left issue was Joseph, his oldest, who left a daughter. But as two brothers accompanied him to America, the name was perpetuated through their posterity. During his mayoralty the population of the city reached 3000. William Dertall was mayor in 1675. As already noticed, he married a daughter of Mayor Delavall, through whom he inherited large property in Harlem, and the Great Barn Island in the East River. But his wealth was considerable before this accession of fortune. He was one of those many enterprising " Yankees" who have ever found it more to their profit to settle in New- York than to remain in Boston, from even the earhest colonial times till the present day. In 1667 he and his brother John set up a store in Whitehall street near Pearl, which was the most elegant one in the city, making a handsome display of dry-goods, and attracting much custom. Nicholas De Meyer was mayor in 1676. The city then numbered about 3500 in- habitants. He was the second of Dutch birth to whom the mayoralty was intrusted by the English authorities. He came from Holland while he was stiU a very young man. In 1655 he married a daughter of Ensign Henry Van Dyck, who distinguished himself for bravery and energy in the Indian wars under Director Kieft. Like Mayor Law- rence, he lived opposite the " Schoeyinge," in the present Pearl street, then Hoogh straat (High street). Under the Dutch regime he had a seat in the town government as one of the schepens, holding that position at the time of the conquest. AJter that he sei^red frequently as alderman ; indeed after the granting of the Dongan charter, which provided for assistant aldermen from the several wards, he acted in the latter capacity in spite of the fact that he had occupied the chief magistracy. His trading operations extended to Albany, and he acquired large estates on Manhattan Island. He is said to have owned property iu England and Holland also. He died in 1690, left six children, and one of his daughters married PhiHp Schuyler of New- York. Stephen Van Cortlaitdt was mayor in the years 1677, 1686, and 1687. His appoint- ment, too, must have gratified the Dutch element; besides, he enjoyed the distinction of being the first native American who occupied the mayor's chair. He was the son of Oloff Stevensen Van Cortlandt, prominent in social and official life in the time of Gov- ernor Francis Lovelace, and a burgomaster under Stuyvesant. In 1671 Stephen Van Cortlandt married Gertrude Schuyler of Albany, and erected a dwelling-house on the " Waterside " { H Water), now the block in Pearl street from Whitehall to Broad. When he was first appointed mayor, in 1677, he was only thirty-four years of age. As was noticed in the previous volume of this work, he figured prominently in the Leisler troubles on the side of the royal council, of which he was a member. On the appoint- ment of a mayor (Peter De Lancey) by the Leisler faction. Van Cortlandt refused to de- liver the city seal. " A committee waited on him at his residence, but his wife shut the door in their faces." The vicinity of Maiden Lane and Cortlandt street, on both sides of Broadway, was the site of a large part of his property in the city ; he also owned a farm near the Collect, or Fresh Water Pond. The principal possession with which the name of Van Cortlandt has become identified was the manor reaching along the Hudson from Yonkers to PeekskUl. He died in 1701, leaving a widow and eleven children. His son Philip succeeded him in the council of the province. 52 HISTORY OF NEW-YOKK Feanqois Romboxjts was mayor of tlie city in the year 1679. He was born in France, but came to America and settled at New Amsterdam at so early an age that be became completely identified with tbe Dutch. He was engaged in trade, and reason- ably successful in it, although not ranked among the wealthiest citizens. His fortune was estimated at ten thousand dollars, enough for a comfortable competence in those days. Before and after he became mayor he held the position of alderman several times. When the city was divided into wards he represented the West Ward, as his house was situated therein, being on the west side of Broadway near Rector street. His garden ran to the North Eiver shore. Mayor Eombouts was made a justice of the peace before his death, which occurred in 1691. He left but one child, a daughter, who married an Englishman by the name of Roger Brett. His lineal descendants to-day, therefore, bear that name. They include Captain Walter Brett of Fishkill-on-the-Hud- son, long and honorably identified with steamboat navigation on the Hudson, and his nephew, the Rev. Cornelius Brett, D.D., pastor of the historic Bergen Reformed Church of Jersey City. William Dtee was mayor in 1680. He was an Englishman, and settled in New England before the middle of the century, engaging La trade. His first connection with the history of New-York was iu the capacity of an enemy. In 1653, when the republic of Holland was at war with the English commonwealth under CromweU, Rhode Island sent an expedition to reduce New Amsterdam. Captain John Underhill, who had once led the forces of the Dutch in the Indian wars, commanded the land forces, and Captain Dyre was given the charge of the naval force. New Amsterdam was too weU prepared for their attack, however, to make it prudent to attempt it. After 1674 Captain Dyre became a resident of New- York, his house being situated on the Damen property, on the east side of Broadway, above Wall street. A few years after he was mayor he left the city and took up his residence in Jamaica Island, West Indies, where he died in 1685. Gabriel Minviblle was mayor in 1684. Either by birth or descent he was a Frenchman ; but at a very early age he was living in Amsterdam, HoUand. In 1669 he established a mercantile house in New- York, engaging in trade principally with the West Indies. He married a daughter of Mayor Lawrence, but he died in 1702 without issue to survive him, and the name became extinct in New- York. His brother Pierre is the ancestor of the Virginia Minvielles. His residence was on the west side of Broadway, nearly opposite the parade-ground, now Bowling Green. Part of the large garden fronted on the street. Mayor Minvielle was one of the six captains of mUitia, of which Leisler was also one, who in that troublous period took turns in commanding at the fort when the royal council had been set aside. He afterward deserted the cause of Leisler, upon the arrival of Governor Sloughter was appointed one of the council, and voted for Leisler's death (see Chap. 12, Vol. I, of this work). Nicholas Bayard was mayor in 1685. He is so prominent a figure in the pro- vincial and municipal history of his time that very little remains to be said in this notice. His residence was in the Hoogh straat, now Stone street, on the northern side and near Hanover Square. He at first rented the place, but bought it subsequently for twenty-seven hundred guilders (a little over $1000). A farm of about ten or twelve acres, north of the Fresh Water Pond, was owned by him. His descendants added to these lands until the Bayard farm embraced nearly all that part of the city now bounded by Bleecker, McDougal, and Canal streets, and the Bowery. It is a well- known fact that he was a nephew of Director Stuyvesant, his mother being a sister of the latter. He was born in Holland (see illustration of birthplace, opp. 1 : 583), came to New Amsterdam in 1647, and died in 1707, when about sixty-three years of age. Peter Delanoy was mayor in the years 1688 and 1689. As his name indicates, he was of Huguenot or Walloon extraction, but his ancestors had settled in Holland, and, with a brother, he emigrated thence to New Amsterdam when the Dutch rule still pre- EAEL OF BELLOMONT AND SUPPRESSION OF PIRACY 53 vailed there. His brother, whose name -was Abraham, came first, in 1651, in charge of a consignment of merchandise sent by Jacob Verplanck, a merchant of Amsterdam. In 1656 Peter followed his elder brother, and, also engaging in trade, prospered greatly and became the possessor of considerable property. His residence and place of busi- ness was near the corner of Whitehall and Pearl streets. In the times of Leisler he warmly espoused the cause of the latter. In accordance with the principle of demo- cratic rule then put into practice in provincial affairs also, the people were given the opportunity to elect their mayor. Peter Delanoy was chosen by a large majority both in 1688 and in 1689. He was the first mayor of New-York to be thus raised to this dignity ; and there was no election to the mayoralty after him until the year 1834. The population of the city was then about 3500. Abeaham De Peystee was mayor from 1691 to 1692 and again in 1693. The name had been identified with the municipal government from the earUest days of the incor- poration of the city, his father, Johannes, having been schepen and burgomaster at various times, and in 1677 being appointed deputy mayor. On his death he left four sons, Abraham, Isaac, Johannes, and Cornehus. Of those Abraham and Johannes be- came mayors of New- York. Abraham carried on his father's mercantile business, and acquired large wealth. The paternal mansion stood first in the Winckel street, running parallel to Whitehall street from Stone to Bridge, about midway between Whitehall and Broad, now no longer in existence. Afterward the elder De Peyster established himself on the east side of Broad street, between South WiUiam and Beaver streets. But when wealth accumulated Abraham De Peyster built a handsome mansion on Queen (now Pearl) street, opposite Cedar (for illustration, see page 37). Mayor De Peyster was one of the captains with Leisler, remaining true to him to the end. He was there- fore greatly esteemed by Lord Bellomont, and their relations have been described on a previous page. In his famous mansion he lived in luxurious style, his household service consisting of five male negroes, two female negroes, and two negro children. He was chief justice of the province and president of the council at the death of Bellomont, and thus was acting governor until Nanf an arrived. He was appointed, as will be seen, treasurer of the colony when the assembly could no longer trust its funds to the hands of Lord Cornbury. Infirmities of age compelled him to resign the position in 1721, whereupon his son Abraham succeeded him, holding it until 1767. Mayor De Peyster died in 1728. During his incumbency the city's population rose to 4000. Chaeles Lodowick was mayor in 1694. His name, too, recalls the Leisler agitation, he being one of the six captains who commanded the fort in turn before sole authority was placed upon Leisler. He took a bold and active part in the earher stages of the dispute. When it came to his turn to guard the fort, he sent a sergeant to demand the keys from Lieutenant-Governor Nicholson. On the latter's refusal Lodowick marched his company to the City Hall, where the council was in session, and the keys were sur- rendered. Though his participation in affairs was less prominent further on, he re- mained loyal to Leisler. It speaks well for him therefore that under Fletcher he received the appointment of mayor of the city. His father was captain of a ship engaged in distant foreign trade. The mayor estabhshed a mercantile business in New- York, and his connections extended to almost every foreign port of prominence at that time. In the militia he rose to the rank of lieutenant-colonel, and took part in Fletcher's Canadian campaign of 1697. Some time after his occupancy of the mayor's chair he removed to England, where he died. William Meeritt was mayor in the years 1695, 1696, and 1697. He was origiaaUy captain of a ship, but settled in this city while stOl a young man in 1671. He was able to purchase a house and lot, situated on Broad street, between Stone and Marketfield streets. Here he opened a store for the sale of general merchandise, was successful in business, extended it continually, and attained wealth. He purchased a large parcel of land near the present Chatham Square, and he must have made his residence there. 54 HISTOBY OF NEW-YOEK for after the Dongan charter had divided the city into wards, he was elected alderman for the Out Ward, in 1687. He returned to the lower part of the city, however; for later (1691) he represented the Dock Ward. His house there was one of the finest at that day, but its location is not exactly stated. He took the opposite side in politics to Leisler, and this may account for his superseding Mayor Lodowick, and holding the place by Fletcher's appointment three years in succession. Leisler caused him and his son to be imprisoned for twenty-one days. He took part in Fletcher's Canadian cam- paign. We find his name among the petitioners for the building of Trinity Church, and he and his son were chosen vestrymen in 1697. He removed to Orange County, and in 1702 was a justice of the peace there. He seems late in life to have once more followed the sea, as he was appointed to pilot duty in 1706. In 1708 he died, at the age of sixty-eight. Johannes De Peystee was mayor in 1698. As already seen, he was a younger brother of Abraham De Peyster. He married a daughter of Gerrit Bancker, a rich Indian trader and fur merchant of Albany. After Mr. Bancker's death his widow moved to New-York, and on her decease an inventory of the estate was made, and is stiU on record. It is interestiug to note the Ust of books: "One Bible with silver clasps ; two Dutch Bibles ; one other small Bible with silver clasp ; one New Testament with silver clasp ; two Catechisms ; one Isaac Ambrosius ; one House Wifery ; one Horin's Church History ; one Flock of Israel, in French; one Coelman's Christian's In- terest; three volumes Christ's Way and Works; one De Witt's Catechism; two Duyek- er's Church History ; one Cudemans on Holiness." It was Mayor De Peyster's duty to do the honors of the city for the Earl of Bellomont on his arrival in New- York, and he no doubt shared the sentiments in favor of the latter entertained by his more promi- nent elder brother. His residence was situated in the Dock Ward, which he had rep- resented in the common council before his appointment to the chief magistracy. He died in 1719, or nine years before Abraham De Pej'^ster. David Provoost was mayor in the year 1699. His father came to New Amsterdam as a clerk in the employ of the West India Company. Under Kieft's administration a grant of land was made to him, situated on the line of what is now Pearl street, then the East Eiver shore, and near the present Fulton street. He lived on Long Island toward the close of his life ; but his son and namesake, the mayor, lived on the prop- erty on Pearl street. The latter engaged in mercantile business, and was very success- ful. He married the only daughter of Johannes De Peyster the elder, and was thus the brother-in-law of the mayor who immediately preceded him. His son David Pro- voost, Jr., was also prominent in municipal affairs. The name has been made illustrious by the first Bishop of New-York, who was fifth in descent from the West India Com- pany's able representative. The original home of the Provoosts was France, but as adherents of the Huguenot faith and poUtics, they had sought a refuge in Holland. Isaac De Eiemer was mayor in 1700, the closing year of the seventeenth century. The wife of Mayor ComeUus Steenwyck, who a second time married the Eev. Henricus Selyns, was Margaret De Eiemer. Her father was one of the early settlers in New Amsterdam. A sister married Nicholas Gouvemeur, a name frequently met with in colonial history and in Eevolutionary history in connection with another historic name, forming the combination Gouvemeur Morris. Her brother Hubert De Eiemer was the father of the mayor. The latter engaged in mercantile business, and before his may- oralty does not seem to have entered official life at all ; but afterward he is found occupying several positions at various periods. He was collector of the South Ward, alderman, and in 1708 was constable. When he felt that the state of his finances warranted it he built a mansion "out of town," on the hill south of Canal street and west of Broadway. In 1714, after a contest regarding returns, he was seated as alder- man for the Out Ward. The city at the time that he was mayor counted 4200 souls. Editor. BIRTHPLACE OP LORD CORNBUKY, OXFORDSHIRB. CHAPTER II THE ADMINISTEATION OF LORD OOBNBURY 1702-1708 HARLES READE begins one of his entertaining stories with the following sentence : " In Charles the Second's day, the ' Swan ' was denounced by the dramatists as a house where unfaithful wives and mistresses met their gallants." In this same " Swan" Inn, a "rakehelly" of London con- cocted treason against his relative and king, James II. This man was Edward, Viscount Cornbury, afterward colonial governor of New- York; and that he should have been at home amid such vile surround- ings is typical of his entire subsequent career. Edward Hyde, Viscount Cornbury, was the grandson of the first Earl of Clarendon, prime minister and lord chancellor of Charles II., and a son of the Earl of Clarendon, the brother-in-law of James II. He was therefore the own cousin of the Princess Anne, afterward queen, and the nephew by marriage of her father the king. He was educated at Geneva, and in 1688 married a daughter of Lord O'Brian. He was a young man, says Macaulay, " of abilities so slender as almost to verge on intellectual imbecility " ; of loose principles, and of an arrogant and violent temper. " He had been early taught," continues that same writer, "to consider his relationship to the Princess Anne as the groundwork of his fortunes, and had been ex- horted to pay her assiduous court." Thus it happened that the first act which brought him into notice was, under the instructions of Churchill (afterward Duke of Marlborough), to lead over into the camp of William of Orange, on the latter's approach to Salisbury, 56 HISTOBY OF NEW-YORK three regiments of cavalry. That this act of treachery, even for that day, was considered more than usually despicable, is shown by the confidence that had been placed in him by his uncle, James ; for we are told that as that monarch was on the point of sitting down to dinner he learned of his nephew's defection, upon which James "turned away from his untasted meal, swallowed a crust of bread and a glass of wine, and retired to his closet." The same principles, moreover, which could thus reconcile a young oflScer of high birth to desertion, aggravated by breach of trust and by gross falsehood, seem to have governed his con- duct through life. In reward for this act of treachery, — an act brought about by no high, patri- otic, Brutus-like feeling, but sim- ply by innate baseness of char- acter, — "William appointed him, in September, 1701, governor of the province of New- York; and the newly appointed governor sailed for his post two days be- fore the death of that king. His first official action, taken on the eve of his departure from England, and which well illus- trates the character of the man, was the appointment of Daniel Homan as secretary of the province of New- York. This was an appointment which, even in that age of low and venal standards of morality, drew upon him a stern reprimand from the lords of trade, who, in administering it, reminded him that " the Secretary of the Province should be a person of unblemished credit and repute." This Homan was a man of notoriously low tastes, a thorough scamp, and one who appears to have possessed not a single redeeming trait. He had been accountant-general of the province aud private secretary to Governor Fletcher, under whose administration he became infamous for receiving bribes from pirates for granting them "protections." He had also been instrumental in carrying through extravagant land grants, on numerous occasions had been guilty of perjury, had re- sorted to disgraceful and criminal practices in obtaining recruits for the army, and, in short, was what at the present day would be called a corrupt " lobbyist " and " bounty- jumper broker." In reply to this reprimand from his superiors, Cornbury wrote them an obsequious letter, in which he stated that the character of his appointee had been VISCOUNT COENBUKY. THE ADMINI8TKATI0N OF LORD CORNBUEY 57 unknown to Mm, and promised at once to dismiss him from his em- ploy. But notwithstanding this promise, Cornbury found means to evade the commands of the lords of trade, and Homan remained secretary of the province to the end of his administration. At length, on March 15, 1702, Cornbury sailed from Spithead in the ship Jersey. The same vessel carried out one hundred mus- keteers, fifty barrels of powder with ball in proportion, six thousand flints, and six drums and corps " in proportion » for the defense of the frontiers ; all of which troops and munitions of war were designed to propitiate the inhabitants of the province, who were beginning to grumble at receiving so little aid in these matters from the home government. After a voyage of seven weeks, Cornbury, on the morn- ing of May 3, anchored in the Bay of New- York off Fort William Henry, the name of which was changed a few weeks afterward to Fort Anne. His first action, after landing the same afternoon, was to proceed, attended by the members of his council, to the fort and the City Hall, where his Majesty's letters and patents, constituting him "Captain-G-eneral and Governor-in-Chief and Vice- Admiral of New- York and its dependent territories," were publicly read by the clerk of the council-board. Thereupon, having taken the usual of- ficial oaths before Chief Justice Atwood, and received the seal of the province from the late Lieutenant-Grovernor Nanfan, he, in turn, administered the oaths of of&ce to those members of his council who had been appointed in his instructions. He also issued two proclama- tions : one declaring that all civil and military officers should hold their several positions until further orders, and the other dissolving the assembly, which had been in session only a few days previous to his arrival. In the evening he was entertained at a public dinner given in honor of his arrival, and presented with the freedom of the city in a magnificent gold box, on which occasion a congratulatory address was also tendered him by the municipal authorities. The new governor received these civilities and courtesies in an exceedingly urbane manner, and seemed only desirous of adopting a wise and conciliatory policy. Nothing, indeed, could, on the surface, have been more auspicious for Cornbury's own fame than the condi- tion of the province on his arrival. New- York, at this time, was torn by intestinal feuds ; and, upon learning that the king contemplated sending over a new governor, a petition had been forwarded to the lords of trade praying that whomsoever the king should appoint might be one who " would use temper and moderation upon coming to us, and treat each party with like favor and respect. By which means, after he hath run some course in such a management, he will be able clearly to discern who are the true friends of his Majesty and his Grovernment here ; and then it will not be difficult to determine 58 HISTOET OF NEW-YOKK how to steare [steer] himself for the future." Quaint as this language is, it yet shows the kindness and consideration with which all factions were disposed to treat their new governor. On the one hand, the royalists anticipated his arrival "with the incense of flattery"; and on the other, the hospitality of the colony, not yet provoked to defiance, had elected an assembly — the one he had dissolved on the first day of his arrival — " disposed to confide in the integrity of one who had been represented as a friend to Presbyterians." A wise ad- ministrator like Andros would have been quick to feel the pulse of the people and discern the signs of the times, and have shaped his pohcy accordingly. Not so, however, with Cornbury, as the sequel will show. The new governor signalized his arrival by several acts which gave great satisfaction, and the spirit of which is still seen in Massachu- setts, where, upon the election of a new governor, the prison doors are thrown open to certain offenders. Thus, his suite, the soldiers of the garrison, and all citizens unable to purchase their liberty, were made freemen with rights of suffrage, trade, and holding office.^ It proved, however, apparent later that this seeming gen- erosity was only a blind to his real intentions. Nor was it long before his true character ap- peared, showing him to be not only a savage bigot, THE CLARENDON AEMS. , , ,, , , j_ tt • but an ungentlemanly tyrant. Having no sym- pathy with popular rights and looking upon the assembly of the prov- ince as having been originally extorted from James in a moment of weakness by his friend, William Penn, and being, moreover, an intense partizan and, notwithstanding his Geneva education, an upholder of the Church of England, he, very soon after taking into his hands the reins of government, — to use a popular metaphor, — " showed his teeth." The first instance of this was his taking sides with the anti- Leislerian party and his condemning the conduct of, and releasing. Col- onel Nicholas Bayard. To understand this action, it should be remem- bered that the people of the province of New- York, at this time, were divided into two factions — the aristocratic, represented by Bayard, and the democratic, or, as it would be termed at the present day, the " People's Party," represented by the followers of the late Jacob Leis- ler. The latter, who had administered the government after a fashion 1 To explain what at first may seem strange to founded on this usage ; and Lord Macaulay lias the modem reader, that there should have been been severely criticized for stating that William white slaves in the colony of New- York at this Penu was guilty of urging this practice upon the time, it should be borne in mind that political and king. After the rebelKon of Monmouth, many of criminal offenders in England were sold to the those taken in arms against James, together with colonies for a term of years. Especially was this their wives and daughters, were thus sold to the practice in vogue in the time of Charles II. and American colonies, especially to Virginia. James II. One of Charles Beade's novels is THE ADMINI8TEATI0N OF LOED COENBUKY 59 since the departure of Governor Dongan, the successor of Andros, had refused to surrender the government into the hands of Major Ingoldesby until Colonel Sloughter, who had been sent over to suc- ceed Dongan, had arrived. Upon Sloughter's arrival, however, he had soon abandoned the fort, was arrested, and, with his son-in-law, Jacob Milborne, was tried and executed for treason. Still the con- duct of Leisler during the revolu- tion had been considered on the whole patriotic, and his sentence was thought to have been both un- just and cruel. Indeed, his enemies could not prevail upon Grovernor Sloughter to sign the warrant for his execution until for that purpose they had induced him to drink too much wine.^ It was, in truth, al- together a brutal affair, and adds one more to the list of the so-called (and properly) " judicial murders." In the prosecution of Leisler, Bayard, as related in the previous volume, had been particularly ac- tive. He had sent numerous insidi- ous addresses both to the king and to the newly appointed governor, Cornbury, before the latter left England for New-Tork, in which were made the most infamous and unjust charges against Leisler and the administration of BeUomont and his lieutenant-governor, Nanfan.^ To make Leisler's conviction the more certain, he had, in the spring of 1691, procured the passage of a law the effect of which was in- tended for the special punishment of Leisler.' Bayard now fell into the very trap he had set for Leisler ; for, insisting that this unre- pealed law should be put into force, Nanf an, the lieutenant-governor, caused the arrest of Bayard on the charge of treason. Accordingly, the latter was tried before Chief Justice Atwood in February, 1702, and, being found guilty, was, in keeping with the harshness of the times, sentenced to be " hanged, drawn, and quartered in accordance with British law." He was, however, on a virtual confession of his 1 " Sloughter was invited to a wedding feast, and when overcome with wine was prevailed upon to sign the death-warrant, and before he recovered his senses the prisoners were executed." Smith's "History of New-York." 2 One of these addresses alone contained no less than thirty-two "heads of accusation of the Earl of BeUomont." It was a tissue of falsehoods from beginning to end, and was well calculated to stir up revolt in the colony. This seditious paper was signed "John Key"; and it is asserted hy some that Bayard, not daring to send it out over his own name, signed it with this fictitious one. But BeUomont himself speaks of a Scotchman by that name. 3 See the previous chapter. Editor. 60 HISTORY OF NEW-YOEK guilt, reprieved by the lieutenant-governor "until his Majesty's pleasure could be known." This was the state of affairs when Corn- bury arrived to assume the governorship. The latter reversed all of the proceedings against Bayard, and set him at liberty. No sooner was this action of the governor known than all of those who had espoused the cause of the Leislerian party fled in dismay from the province ; while at the same time many merchants and property- holders of the anti-Leislerian faction who had removed to New Jer- sey, encouraged by this same action, returned to New- York city and resumed their citizenship. An outcome of this affair of Bayard was a petition of the anti- Leislerians to the governor, reciting that as Abraham De Peyster Dr. Samuel Staats, and Robert Walters, members of Bellomont's council, had been especially active in the " late troubles," they should be proceeded against " even to the extreme penalty of the law." A wise governor, at this juncture, one who sought to promote harmony in his government, would have endeavored to throw oil on the troubled political waters by adopting a conciliatory policy having for its aim at least a compromise. Such a policy, however, did not suit Corn- bury, who, immediately hastening again to take sides, suspended without a hearing those influential citizens from his cotmcil-board, and appointed in their place Dr. Grerardus Beeckman, Rip Van Dam, Kiliaen Van Rensselaer, and Thomas Wenham. The New- York assembly, however, were not so complaisant. Smarting under this assumption of power on the part of the governor, they at once passed an act for indemnifying those who had sustained loss during the revolution. This act, called the " Leisler Act," gave great offense to the lords of trade, and they immediately sent to Cornbury similar instructions to those they had previously given on this same subject to Lord Bellomont, ordering peremptorily that such action on the part of the legislature should not be allowed. But this order fell harm- lessly on the assembly ; and for a while, as Cornbury did not have sufficient strength of character effectually to protest, the matter remained in abeyance. As we have before said, the time of Oornbury's arrival was most opportune for any one desirous of making a good record. The con- dition both of the city and province of New- York at this period was most wretched ; and of the many improvements instituted and carried out by Andros, owing to the supine management of his successors, scarcely any trace remained. The fort was in a sad state, not a penny having been expended upon it since the administration of Colonel Fletcher : the parapet, composed only of sods, had fallen down ; most of the gun-carriages and their platforms were rotten ; nearly all of the guns were not only dismounted, but so "honeycombed" as to THE ADMINISTRATION OF LOED OOENBURT 61 render their firing unsafe ; and the mihtary stores were unfit to be used. Of the regulars, moreover, which constituted the four foot companies (one hundred to each company), only seventy remained ; while none of the men had either _ decent clothes or accoutrements. The militia of the province, like- wise, which, under the administra- tion of Andros, had, it will be re- membered, been brought up to the highest grade of efficiency,^ was in a deplorable state, not having been called oat or drilled for many years past. In addition to all this, the forts at Albany, Schenectady, and Half-Moon (Waterford, N. Y.) were in the same ruinous condition ; while, to cap the climax, the Five Nations were already wavering in '' their attachment to the British crown. Now was the time, there- fore, for a man of ability to make his influence felt. As the reader will recall, Andros, confronted by a similar state of affairs, had by personal supervision and intense individual energy brought order out of chaos. The present governor, however, was a man of very differ- ent caliber. Utterly devoid of executive ability, only energetic while in pursuit of his sensual pleasures, and notwithstanding repeated severe reprimands by the lords of trade, he allowed the condition of the city and province (with the exception of a few repairs on the fort) to remain the same at the end of his administration as he had found it. On June 17, 1702, Cornbury received from Queen Anne a confir- mation of his commission as governor, together with orders to pro- claim her Majesty queen; and also to assure those provinces of her "especial care and protection" — exhorting them, moreover, "to do, on their parts, what is necessary for their security and defense." This duty was discharged the following morning in the presence of the troops of the garrison, the members of the council, and the mayor, aldermen, clergy, and citizens. " This solemnity," wrote Cornbury to the lords of trade, "was performed with all the duty and I'espect imaginable to the Queen, and the people showed all the cheerfulness and loyalty that could be wished for or desired from good subjects 1 See preceding volume, on the administration of Sir Edmund Andros. ^,,^^^&n/U ^(rr-Ti^ 62 HISTOEY OF NEW-YOEK upon that occasion." The next day (Friday, the 19th) Cornbury, hav- ing previously notified by express Colonel Hamilton, the governor of the New Jersey proprietors, of his intention, set out for Burlington, the principal town in West Jersey, where, on his arrival the following Monday, he went through the same ceremony. It had been his pur- pose to go directly to Amboy, but the bridges having been washed away by recent rains, he was prevented from so doing. From Bur- lington he journeyed to the present site of Trenton, N. J., where, tak- ing a boat, he proceeded to Philadelphia, which he reached on June 23.^ Finding, on his arrival, a vessel on the point of sailing for England, he availed himself of this opportunity to send to the lords of trade a long and somewhat grandiloquent account of the manner in which he had proclaimed the queen. On his return to New- York he found that a malignant epidemic strongly resembling the yellow fever was raging in the city, and that many of her terror-stricken citizens had already fled to New Jersey and Staten Island. Accordingly he lost no time in adjourning the assembly, which he had called immediately after his dissolution of the previous one, and took his family to Jamaica, L. I., whither he was followed shortly after by his council. As there was a scarcity of eligible houses in that village, and the best one was the dwelling of the Presbyterian minister, the Eev. Mr. Hubbard, built for him by his congregation, Cornbury begged the latter to allow him the loan of it for himself and family. This request was cheerfully granted by the clergyman, who, with his large family, moved into narrower quarters, a hospitality which was requited by its mean-spirited recip- ient in a remarkable manner. This was no less than the seizure, on July 4, 1704,^ by the sheriff, on an order from Cornbury, of the par- sonage-house, meeting-house, and glebe, for the use of the members of the Church of England residing there (and who amounted to a mere " corporal's guard "), on the plea that the property belonged to the Anglican Church at Jamaica, "since the Chiirch and Parsonage having been built by Public Act, it could belong to none but the Chm-ch of England." ' This plea was most specious. During the administration of Colonel Fletcher, the people of Jamaica, being 1 The route usually taken at this time from or fourth day, the " City of Brotherly Love " New-York to Philadelphia was to cross the bay made its appearance. As Cornbury reached PhU- f rom the foot of Whitehall street to Staten Island adelphia on June 23, It will be seen that his in a pirogue, commonly called a periagua, a little journey was performed in four days, open boat with lee-boards, and steered by one ^ Writers upon this period have made this action man. Eeaehing the island, the traveler pro- of Cornbury take place in the summer of 1702 ceeded to the ferry at "Arthur Bolls'" Sound, but such is not the fact. crossed in a scow to New Jersey, and shortly 3 "When His Excellency [Cornbury] retired to reached the "Blazing Star" Inn, near Wood- Jamaica, one Hubbard, the Presbyterian Minister, bridge. Journeying slowly to the Raritau River, lived in the best house in the town, and his lord- the site of New Brunswick was reached by a ship begged the loan of it for the use of his own scow, and in the same manner the site of Trenton family, and the clergyman put himself to no on the Delaware, until (by boat), by the third small inconvenience to favor the Governor's re- THE ADMINISTRATION OF LORD OORNBURY 63 nearly all composed of New England Puritans/ liad raised sufficient money by individual subscriptions to purchase tlie ground and build a portion of the foundation of the church. At this point, finding themselves unable to complete the building, they procured, in 1691, the passage of an act by the assembly (called the "Ministerial Act") by which the edifice was finished and the yearly salary of the min- ister paid. Hence, as the act was passed principally, though not wholly,^ for the benefit of the Presbyterians in Jamaica, a fact which at the time was not disputed, they were clearly in the right in resisting the arbitrary order of the governor. Might, however, in this instance as in so many others, made right ; for on the Presby- terians endeavoring, one Sabbath afternoon, to maintain possession of their church edifice, a party of Episcopalians, encouraged by Corn- bury, broke down the doors and drove the rightful occupants into an adjoining orchard, where the minister finished his rudely interrupted discourse. The Eev. Mr. Urquhart, a Church of England clergyman, was at once put into possession, the Presbyterian pastor's salary being paid to him. " This short method," as Grovernor Lewis Morris of New Jersey, writing to a friend in England, naively observes, " might be some service to the Minister, but was very far from being any to the church, as no such unaccountable step can ever be!"'' Upon the death of the Eev. Mr. Urquhart, in October, 1709, his daughter married a dissenting minister and placed him in possession of the parsonage, which he continued to occupy until 1711. In that year, the Episcopalians, threatening to petition the throne for his recall, persuaded Governor Hunter to place the parsonage again in pos- session of a- clergyman of the Anglican Church ; and thus, for many years, with varying successes on each side, the wrangling continued until 1728, when the church edifice, parsonage, and glebe were per- manently restored to the Presbyterians, the colonial courts, after a vast amount of litigation, deciding in their favor. In July of the year 1702, Cornbury, not deeming it prudent to return to the city permanently until the abatement of the epidemic, which had already carried off nearly seven hundred of its citizens, took this opportunity to visit Albany and confer with the Five Nations. quest; but, in return for the generous benefac- 2 This same act also provided for the building of tion, his lordship perfidiously delivered the parson- a church in the city of New-York in which was to age-house into the hands of the Episcopal party, be settled a "Protestant minister," the word Prot and encouraged one Cardwel, the sheriff, a mean estant being tacitly understood to mean Episco- fellow, who afterward put an end to his own pal. This was the origin of Trinity Church, life, to seize upon the glebe, which he surveyed which was begun in 1696, and finished and opened into lots, and farmed for the benefit of the Epis- for public worship February, 1698, under the aus- copal Church." William Smith's "History of pices of the Rev. William Vesey. The church New-York" (first edition, pp. 104-106). itself, which was a very insignificant building, 1 Smith says that at the time of the erection of resembled its present namesake in nothing save the Presbyterian church and the passage of the in having a very tall spire. Act of 169i, there was not a single Episcopalian 3 " Documents relating to the Colonial History in the town. of New- York," 5 : 321. 64 HI8T0EY OF NEW-YOEK The war between England and France, known here as "Queen Anne's War," had just begun; and it was Justly feared that unless that power- ful confederacy were placated, the French and Indian raids, which, with firebrand and sealping-knife, were desolating the borders and even the interior of the New England colonies, would also be turned upon the province of New- York. Even the terrors of the halter were insufficient to deter the Jesuits from communicating with the Five Nations, nor were their artful dealings with them persisted in with- out partial effect. These indications were indeed such in this year (1702) as in the opinion of the gov- ernor to require an appropriation that would enable him to meet them in council and conciliate them with the needful presents. Accordingly, the assembly having made an ap- propriation for this purpose, the governor, on July 1, set out for Albany, and his journey up the Hudson to that town may fairly be considered, in the language of the present day, a " junketing tour." *In the MS. archives still pre- served in the office of the secre- tary of state at Albany, N. Y., there is to be seen a bill rendered him by his liquor-merchant for large quan- tities of wine and beer consumed upon this excursion; these liquors being for his own personal use, and not including many additional barrels of beer and rum specially intended as gifts for the Indian sachems. The governor, with his suite and his " man Friday " (Sec- retary Homan), arrived at Albany late in the evening of the 5th,^ and on the 10th and 15th he held an informal conference with the Twig- twees and some minor Canadian tribes. It was at this preliminary meeting that a Marquase sachem (administering thereby a severe, though probably not an intentional, reproof to the governor) begged that the rum their brother Corlaer^ had brought up for them from New -York might be lodged in some safe place until the conference was over, since, as the speaker said, " if his people should fall a-drink- ing, they would be unfit for business." The request was complied 1 Writers have given tMa date as July 10, but CornlDury's letter to the lords of trade, a copy of which is contained in the MS. Collection of Documents at Albany (Doo. rel. Col. Hist. N. Y., 4 ; 977), distinctly says that whUe the Indians ex- pected him on the 10th, he arrived several days before that date, that is, on the 5th of the month. 2 The name given by the Five Nations to the colonial governors of New-York. (See Chapter on Andres, Vol. I. ) THE ADMINISTBATION OF LOED COBNBUEY 65 with, and the ram, which gave so much solicitude to the Indian chief, was safely stored away in the cellar of Robert Livingston. This conference was, however, merely preliminary to the great council which was held with the chiefs of the Iroquois Confederacy, and which was opened July 17, lasting until the 23d of the same month. On this occasion, Major Peter Schuyler and Eobert Living- ston acted as interpreters. The former Governor Cornbury had taken into his council, and he was, so far, at least, as a man of his arrogant disposition could be, guided by his superior knowledge in dealing with Indian affairs. This selection was most wise. No man under- stood those affairs better than Major Schuyler, and his influence over the fickle red men was so great that whatever Quider,^ as they called him, either recommended or disapproved, had the force of law. This power over them was supported, as it had been obtained, by repeated offices of kindness, and his signal bravery and activity in the defense of the colony.^ Through the influence of Quider, therefore, Cornbury was placed upon the best footing with the Indians, and was thoroughly prepared to treat with them in such a manner as would best serve the welfare of the colony. The conference continued for five days, during which time the governor listened patiently to the various complaints of the different tribes, and, by presents from his mistress, " the great Queen of England," " rubbed off the rust which had lately gathered upon the chain of Friendship." These gifts consisted of those usual on such occasions, viz. : guns, blankets, kettles, knives, powder, lead, hats, rum, and tobacco. If the Five Nations and the other tribes of Indians, their allies, would but remain firm to their pledges with the Enghsh, preserve a strict neutrality, and thus constitute a barrier against the incursions of the French, the governor promised to build, with all expedition, a fort at Albany and one at Schenectady, into which they might send their wives and children in case of danger.' If, however, added the governor in conclusion, " you suffer yourselves to be deluded by the French, or make war upon us or any that we are in alliance with, you must expect to lose not only ye benefit of these forts, but also ye benefit of ye peacable Hunting which you so much value ; but we will al joyn to destroy those that shall first take up ye hatchet to kill any of ye Brethren that are linked in our covenant-chain." The 1 Quider is ihe Indian pronunciation of Peter. 3 It was in pursuancB of this same poUoy tliat a Having no labials in their language, they could stone chapel was built, in 1711, by Queen Anne for not say "Peter." the Mohawts at Port Hunter, N. Y. This bulld- " Major Schuyler, for example, upon learning of ing, known as " Queen Anne's Chapel,'' and used the massacre and burning of Schenectady by the in the Revolution as a fort by the re.sidents of the French in February, 1693, immediately took the Mohawk Valley, was demolished in 1820 to give field at the head of the mUitia of Albany, and place to the Erie Canal ; the stone in it being used harassed the enemy sharply during their retreat, to construct guard-locks near its site. The English Indeed, but for the protection of a snow-storm. Episcopal Missions to the Mohawks appear to have and the accidental resting of a cake of ice upon begun as early as 1702, and continued down to the the river, forming a bridge for their escape, the beginning of the Revolutionary War. invaders would have been cut off to a man. Vol. IL— 5. 66 HISTOEY OF NEW-YOEK effect of this speech, due unquestionably to the advice and tact of Major Schuyler, was entirely satisfactory ; and this celebrated council broke up with an assurance, on the part of the Indians, that " Brother Corlaer need not doubt but that we will comply with all his wishes, being very desirous to continue in the peace and tranquillity we now enjoy." The promises thus made were faithfully kept ; and during the entire war, which lasted for eleven years, or until the Treaty of Utrecht in 1713, the province of New -York enjoyed a complete im- munity from all Indian and French barbarities.^ On the 23d the governor held another council with the Eiver In- dians at Schenectady; after which, passing again through Albany, he went down the Hudson as far as Esopus, where, on account of the embers of the epidemic being still alive in New- York, he tarried until the middle of November, when he returned to the city. While at Esopus, he addressed a letter to the lords of trade, in which, after giving the results of the late conference at Albany, he proceeded to lay before them a plan for the conquest of Canada. This plan con- templated the sending from England of a body of fifteen hundred troops, well disciplined and officered, to be augmented by thirty-five hundred men raised in the colonies. Of this force he proposed that three thousand men, with eight frigates and one gunboat, should start from Boston early in the coming spring and attack Quebec by way of the St. Lawrence Eiver ; while, simultaneously, a force of two thousand troops should march from Albany by way of Lake Cham- plain upon Montreal. In this way Canada, he thought, would be easily and surely conquered. This plan, in all its essential details, was precisely similar to the one pursued in 1776, when Arnold de- scended the Chaudiere, and Montgomery the St. John, each having Quebec for his objective point. Cornbury's arguments in favor of it were most cogent ; and the advantages which, in case of success, would accrue to England were lucidly set forth. These were, first, the securing of the peltry trade for England, the duties upon which article would in a very short time reimburse the government for all the expenses of the expedition; and secondly, the attaching of the Indians permanently to the British crown, thus not only saving the great expense of constant gifts to the Indians, but securing peace to the frontiers. This latter result, moreover, he pointed out, would greatly increase the agricultural wealth of the colonies, since the 1 While this conference wasin session, aninoident their lives, saying tliat the celerity of the trial had occurred which at first threatened to neutralize all satisfied them of the governor's desire to have of the governor's efforts. This vpas the killing of justice done. The latter granted their request so a sachem of the River Indians by four negro slaves far at least as to hang only one of the negroes and owned by two citizens of Albany. The negroes, who respite the other three. This incident is recom- were at once seized, tried, and condemned on the mended to the attention of those who can see in spot, would all have been hung had not the Indians the red man nothing but treacherous and cruel come in a body to the governor and interceded for traits. THE ADMINISTRATION OF LORD OOENBURY 67 people, no longer in constant dread of the scalping-knife, would be able thoroughly to cultivate their fields, a restful feeling taking the place of perpetual terror and alarm. In fact, concluded the governor, " the people of the Province are so sensible of these things that I believe there is scarce a man in it that would not leave his family and his business to give a helping hand to this undertaking." It were bootless, perhaps, to inquire too curiously, knowing the supine and superficial character of the man, whether these suggestions were not inspired by Schuyler or Livingston, or both. Still, as there is not an atom of evidence in favor of this conjecture, to Cornbury is to be given the entire credit of this plan-. As it was, his letter was laid before the queen, referred to the Duke of Nottingham, and the scheme finally smothered in its inception. Very probably the home government, taxed to its utmost to sustain the Duke of Marlborough in his continental campaigns, had no money to spare for the reduction of Can- ada. At any rate, this is the last that is heard of a plan grand and able in conception, and in no wise impracticable in execution; and had it been adopted at this time, the conquest of Canada by the English might have been anticipated by sixty years, almost to a day. Before leaving Esopus, Cornbury received by express from New- York a formal commission from the lords of trade to govern New Jersey — the proprietors of that province having surrendered all their powers to Queen Anne. Henceforth East and West Jersey were united under one government, an assembly being elected by the majority of freeholders which was to sit, first at Perth Amboy, then at Burlington, and afterward alternately at those two towns. " Liberty of conscience was granted to all persons except Papists ; and the solemn affirmation of the Quakers was to be taken instead of an oath." In his instructions, Cornbury was especially directed to take care that " Grod Almighty was devoutly and duly served," and that ministers of the Anghcan Church should be furnished with a 1 Sarah Jansen de Rapalje was the first girl leu Bogt— Wallabout) in the spring of that year. born of white parents in New Netherland, on The tankard illustrated above was presented to June 6, 1625. Her father moved from Staten her at her marriage, and the inscription alluded Island to Long Island at the Walloon Bay (Wae- to the circumstance of her birth. Editor. ANCIENT TANKARD. 1 68 HISTOEY OF NEW-YOEK parsonage and a glebe " at the common charge." He was likewise strictly enjoined "to encourage traffic in merchantable negroes," which, it was stated, the African Company in England " would fur- nish at moderate rates." But while Cornbury was enjoying himself in Ulster County, trouble was preparing for him at home. It will be remembered that his first official act, on his arrival in New- York, had been to dissolve an assembly that had been, as it was thought, especially elected in con- sonance with his views. This sudden dissolution had the effect of opening the eyes of the people at once to the narrow-minded and despotic character of their new governor. Hence the writs which were immediately issued for a new election had the effect of stirring up a bitter partizan strife throughout the //aJ/o i^ y4 province. In the elections which followed, 7 '^^ ^^ Philip French was chosen a member of the new legislature, but did not take his seat, since on the following October, 1702, he was appointed mayor of the city.^ Stephen De Lancey, Jacobus Van Cortlandt, and Henry Beek- man were also elected to the assembly, and William NicoUs was cho- sen speaker. The new assembly met in Jamaica, April 13, 1703. At first its opposition to the governor was not pronounced ; on the con- trary, it welcomed Mm in a eulogistic address, voted him two thou- sand pounds to reimburse him for the cost of his voyage, together with a double salary, and provided a public revenue for seven years in advance. It also voted eighteen hundred pounds for the defense of the frontiers. Other acts were passed in the interest of the city's health, and among them one which, though well intentioned, illus- trates the ignorance of sanitary laws existing at that day, viz.: "An Act to prohibit the burning of oyster shells into lime within half a mile of the City Hall in Wall street, since to that cause is to be attrib- uted, in a large measure, the prevalence of the malignant fever of the previous summer." - Two other creditable acts were likewise passed : iPMlip Frencl. was mayor in 1702. He was ia which the lieutenantgovernor and the chief born in Kelshall, Sujffiolk County, England, where justice were charged with bribery. There was his family formed a part of the wealthy landed enough ground in this document foratrialfor high gentry. He began Ul e as a merchant in his native treason, but while Bayard actually underwent the country, but finally settled in New-York, although trial, and came near being hanged, French escaped even here his connections were mainly with Bng- to England. Lord Cornbury restoring the anti- land. His brother John commanded a merchant Leislerians to favor and power, French returned, vessel, and also came to settle va. New-York city, and in 1702 was appointed mayor by the governor. Philip French married Anneken, a daughter of His business affairs requiring his presence in Eng- Councilor Frederick PhUipse. This connection land before Ms year was out, he left the govern- alone would have east his sympathies in the scale ment and seals in charge of the recorder. He against Leisler's party. He resided on Broad street, died in 1707, three children, all daughters, surviv- near Exchange Place, and his household embraced ing him. The city now numbered about forty-four seven slaves. Toward the close of Bellomont's rule, hundred inhabitants. Editok. exasperated by the favor shown the popular party, 2 It is a well-known fact that the vicinity of French allowed himself to be carried into opposi- lime-kilns is always remarkably healthy, the fumes tion beyond the bounds of prudence. As has been arising from the burning of the limestone being noticed in the text in the previous chapter, he almost as good a disinfectant as the lime itself, united with Nicholas Bayard in a violent address. THE ADMINI8TEATION OP LORD CORNBURY 69 one for the maintenance of the poor of the city, and the other, of even greater importance/ for establishing a free grammar-school; the power for carrying out the provisions of this law being vested in the corporation of the city. Cornbury, who, like Berkeley of Vir- ginia, heartily disliked anything that tended toward the education of the masses, appears at first to have given the project an extremely lukewarm support, if, indeed, he did not directly oppose it ; and it was only through the persuasion of the Rev. William Vesey, the rector of Trinity Church, for his day a liberal-minded man, that he was finally prevailed upon to disguise his repugnance, and with every outward show of willingness to sign the act creating the school.^ Mr. Vesey took advantage of this opportunity to carry out a project he had long contemplated, the opening of a catechizing- school for the instruction of Indians and negro slaves; and when, two years later, he was succeeded as catechist by Mr. Elias Neall, he freely offered Trinity Church to that gentleman for the use of the school on stated days. Meanwhile the people of the entire province, and particularly of the city, were thrown into a panic (known afterward as the " French Scare") by rumors to the effect that the French fleet were about to transfer their operations from the West Indies to the seaports of the English colonies, especially that of New -York. The fear of such an event taking place seems to have so greatly permeated the minds of the people, almost to the exclusion, at this time, of other topics, that it is singular that scarcely any writer upon the colonial history of New- York at this period should have even alluded to it; yet it was a ques- tion that, during the entire administration of Governor Cornbury, deeply exercised the community. This is manifest by the different measures continually taken by the colonial government to avert such a catastrophe. A board of admiralty, to encourage privateering by providing that there should be no delay in the distribution of prize- money, was established ; the fort was placed in a tolerable condition of defense ; and a line of stockades run from the North to the East River, at which point a large breastwork was erected extending along the river-side. Three bat'teries were also raised upon the East River, one of twenty-two, one of seven, and one of three guns ; three batteries on the North River, one of nine, one of five, and one of three guns ; and one battery, consisting of eleven guns, upon a point of rock under the fort. As there were not enough cannon to supply all of these batteries, the deficiency was made up by borrowing eighteen pieces 1 1 say " of even greater importance " advisedly ; Governor Cornbury are somewhat singular. For for the education of the people is, perhaps, the instance, Lord Bellomont says hi a letter from surest method of preventing pauperism. Boston, September 11, 1699, that his [Vesey's] 2 In view of the antecedents of Rev. William father was " try'd, convict im:] and pillory 'd Vesey (who, by the way, was a graduate of Har- here at Boston, for being the most Impudent and vard), his intimacy with, and his influence over, avowed Jacobin that has been known in America." 70 HISTOEY OP NEW-YOEK from a Scotch man-of-war that lay at Amhoy, and by some merchants who dealt in ordnance making up, as a loan, the remainder/ An appropriation of fifteen hundred pounds was also voted by the legis- lature, nemine contradicente, for fortifying the Narrows. So far, there- fore, as the passage of laws for the defense of the city was concerned, the assembly did its duty ; and consequently, the complaint of the governor to the lords of trade, under date of October 3, 1706, that he "wished the assembly here might be convinced how reasonable a thing it is that they should raise funds for the providing arms and ammunition for the defense of the country, but he much feared it," was most unjust. Indeed, that body cannot fairly be charged with the least parsimony when the interest either of the city or the province was at stake. It was, therefore, with intense anxiety, mingled with deep chagrin, that, on the appearance, on July 26, 1706, of a French privateer of seventeen guns off Sandy Hook,^ it was found that no fortifications had been erected at the Narrows, the fifteen hundred pounds which had been appropriated for this purpose having been used by the governor to build a country-seat on Nutten or Grovernor's Island for himself and his successors. Nor was the alarm of the citizens lessened when, simultaneously with the appearance of this privateer, advices were received from the governor of Maryland that several French vessels were hovering off the capes of Virginia, and, having captured seven merchantmen, were evidently bound for the harbor of New -York. This rumor at length grew to such proportions that it was said the privateer off Sandy Hook was one of those vessels, and that her crew, having already landed at that point, were plundering the inhabitants and devastating the surrounding country. In this emergency no time was to be lost ; and accordingly, while all the able-bodied citizens young and old labored, as in the war of 1812, day and night with pick and shovel, throwing up earthworks for the defense of the city,' Captain Richard Davis was sent out with a French man-of-war lately captured by the English and rechristened the Triton's Prize, to find and engage the French privateer. At the same time, another vessel, under Captain Evertse, with one hundred citizens, who had volunteered as marines, was also sent out to meet the enemy. This vessel, however, accomplished nothing, for the crew, on coming in sight of the French- man twenty miles outside the Hook, refused to work the ship, which was thus forced to return to the city, thereby plunging the citizens into still deeper despondency. Captain Davis, however, was more 1 Doc. rel. Col. Hist. N. Y. , 4 : 1185. York city, once informed the writer that, when a 2 Her name was the Queen Anne. She was ori- lad of twelve, in 1813, he worked with his father ginally an English packet-hoat, hut had been re- all one night on earthworks at the upper end of cently captured by the French in the West Indies New-York Island, in an emergency very similar to and converted into a privateer. the one mentioned in the text. 3 The late General Jeremiah Darling, of New- THE ADMINI8TEATI0N OF LOED OOENBURY 71 fortunate. He caught sight of the privateer on the afternoon of his leaving New- York, and after an exciting chase, which continued all night, came up with the object of his pursuit at early dawn. The Frenchman, which carried fourteen guns and one hundred and eighty men, made a gallant defense, but Captain Davis tenaciously held him engaged until sunset, when, the wind dying away, he took to his sweeps and escaped under cover of the night. The brave commander of the Triton's Prize, who had received during the fight an ugly, though ^t^tyt'. i^?^>*<<^h^i.^^^^^^^^2: ^ ^-^ Zli^'i^Si*-^' -i^*--i-<-/^ COENBUEY DOCUMENT. not a fatal, wound in the neck, lost no time in returning to the city with the welcome news that all danger, for the moment at least, was past. In consequence, however, of this narrow escape, the inhabitants lived in a state of continual alarm, verging, indeed, on panic. On the very next day (the 28th), for instance, the council received a despatch from Staten Island that ten large French privateers had made their ap- pearance inside of Sandy Hook, Nor was it until a general alarm had been issued, and orders sent to the several colonels of militia as far as Albany to march their regiments to the defense of New -York, that it was found that the supposed ten Frenchmen were prizes recently taken from the French by Captain Adrian Clavear, who was bringing them into port ! And after this, on as many as two other different occasions, friendly English merchantmen coming into port were again mistaken 72 HISTOBY OF NEW-YOBK for sanguinary French privateers. In fact, one would suppose that during the years 1704-1706 an intense fear of a French invasion occu- pied the people to the exclusion of any other topic ; and such a con- jecture is fully justified by the MS. council minutes (still preserved at Albany) which, during those years, relate almost entirely to the defense of New -York city.^ As soon as the immediate danger of an attack upon the city had passed, and the people had recovered from their fright, they began to realize the critical position in which they had so lately been placed by the cupidity of their governor; and murmurs, loud and deep, against the criminal conduct of the latter were heard in all circles of society. This state of public feeling soon made itself felt both at the governor's council-board and in the assembly. The former body immediately caused an embargo to be laid upon all vessels in the port " until further orders," the collector, meanwhile, as the minutes read, being " instructed not to clear any vessel for any foreign port." The object of this action was to retain in port all seamen for impress- ment, in case of need, on board men-of-war. The council further ordered that the aldermen should solicit subscriptions from the citi- zens in their respective wards for properly fortifying the Narrows, a measure rendered necessary by the recent conduct of the governor. At the same time the assembly, acting, in this instance, in unison with the council, and convinced, moreover, that Cornbury was no iThe following extracts from these miimtes, der of her Majesty's ship Triton's Prize to know fair samples of all the others, will serve to illus- whether the said ship be in a condition to go to sea, trate the statement of the test: who informed this Board that he wants 30 men to "P. 25, July 4, 1706. His Excellency informed compleat his ship's company; the masters there- this Board that yesterday by a prize taken and fore of severaU vessells now riding in this har- sent into this port by Capt. Tongrelon commis- hour being sent for and appearing offered to put sioned as Commander of the Privateer New-York on board her Ma''" said ship several! of their men Galley October 13, 1705, he had a letter from the amounting in all to the number of sixteen on con- said Captain giving him an account that by a prize ditlon they be restored to them when the said ship lately taken by him a little after her leaving Petit returns from her cruise which is hereby promised to Guavas he had advice that Mr. DiberoOle with them accordingly and to make up the deficiency seven French Men-of-War and several privateers of men for the said ship, the Mayor is ordered f orth- were designed from that port for Carohna, but withtoimpresstwentysea-fariDgmenandputthem that he apprehended their designs might be rather on board Her Majesty's said ship whereby she may against this place [New-York city] wherefore his be capable to proceed on her cruise in pursuit of Excellency acquainted this board that in regard the said privateer. Ordered, that the collector do the Assembly had taken no care of repairing this not clear any vessel for any foreign port till he fort he would give the necessary directions for it receives further order. that it may be in a condition of defense in case the " P. 84, May 17, 1707. Captain Davis commander enemy should attack us. of Her Majesty's ship Triton's Prize, having in- " P. 83, May 16, 1707 (Cornbury absent in N. J. ) formed this Board that notwithstanding the mea- — Abraham Sandford of New-York, mariner being sures yesterday taken to complete the number of sworn, deposes that he being at Martinico about men appointed to be borne on board the said ship seven weeks since he met there with one Peter their twenty men yet wanting wherefore to prevent Cock master of a French privateer ship and hav- delay in this pressing juncture it is ordered that ing discourse with him the said Cock told him he Captain Peter Matthews, commander of one of her designed to go upon the coast of Virginia and New Majesty's independent Companies, do make a draft England a privateering and that he then was fit- out of the garrison of one Lieut., one Sargeant, ting his ship for that purpose. Hereupon and upon one Corporal, and eighteen men, and forthwith advicethattherehaslatelybeenseenashipstandoff send them on board the said ship (with their and on this coast which is presumed to be a priv- arms) that she may be capable to proceed on her ateer, this board sent for Captain Davis, comman- intended cruise." THE ADMINISTRATION OF LOED OORNBUEY 73 longer fit to be trusted with the public funds, insisted on appointing a treasurer of their own for the " receipt and disbursement of any moneys the Legislature might order to be raised for public purposes." Some of the members of the assembly, also, seeing in this crisis an excellent opportunity for insisting upon the right of the people, through their representatives, to vote supplies solely on condition of the governor's good behavior, declared that " the Assembly as Repre- sentatives of the people of this province are entitled to the same priv- ileges and have a right to the same powers and authorities as the House of Commons in England enjoy " ; going, indeed, to the length of denying the right of the queen's council to make amendments to a money-bill. " If this doctrine [the right to amend money-bills] is suffered to go on," wrote Cornbury to the lords of trade, " all that the Governor and Councill can doe, will be to hinder the Assembly from doing mischief; but we shall not be able to do the good we could wish to doe, unless Her Majesty will be pleased to declare her pleasure upon this subject, which I will see punctually obeyed, and I believe that will be the shortest and best way to put an end to this method of proceeding, and wiU convince much the greatest part of the house that they have been misled and abused by two or three turbulent men, who never were nor never wUl be faithful to their Queen nor true to their country." The assembly even went so far as to pass an act whereby the queen was restrained in her royal prerog- ative either of "pardoning or reprieving her subjects in the Colony of New-Tork." These proceedings, it may readily be supposed, aroused the ire of Governor Cornbury to the highest degree; and he fonght desperately to the last against these infringements of the royal pre- rogative, especially as the assembly's wish to have a treasurer inde- pendent of the chief executive placed an ineffaceable stain upon his personal honor. Indeed, the years (1705-1708)' of Cornbury's administration were marked by increasing political excitement; and the dividing line of parties, involving the great principles of civil , liberty on the one side and the prerogatives of ^^m^'^^^y/^-,^^^^ the crown on the other, was more distinctly drawn, perhaps, than at any antecedent period. The administrations 1 William Peartree was mayor in tlie years 1703 Queen Anne's at home, the mayor's duties were to 1706. Beginning life in the merchant marine partly of a military nature. At one time he was as sailor and officer, Mr. Peartree soon established intrusted with the conduct of an expedition fitted a profitahle business for himself, and became the out by himself and other shipping merchants, and owner of a valuable estate in Jamaica, West In- consisting of three small war-vessels, in order to dies. He finally settled in New- York, the relations stop the depredations of a French privateer cruis- of his house continuing mainly with the West In- ing just outside the harbor. It was during his dies. He at first lived in Beaver street, near New mayoralty, too, that the Narrows were fortified, street; a large garden surrounded his house. While Mayor Peartree died in 1714, leaving an only he was mayor he lived in Broadway. The "War daughter. Editor. of the Spanish Succession " going on abroad, and 74 HISTOEY OF NEW-YOEK of the earlier English governors, NieoUs and the elder Lovelace, were benevolent and almost parental. Andros, it is true, was unpopular; and during his administration parties were formed, as in England, upon the mixed questions of polities and religion, which dethroned the last and most bigoted of the Stuarts, and brought William and Mary to the throne. Dongan, however, the last of the Stuart governors in New- York, was, nevertheless, mild in the coBduct of the government, and a gentleman in his feelings and manners. It was upon his arrival, in the autumn of 1683, that the freeholders of the colony were invested with the right of choosing representatives to meet the governor in general assembly. For nearly twenty years subsequent to the revo- lution of 1688, and during the entire administration of Cornbury, the colony was torn by personal as well as political factions, having their origin in the Leislerian controversy. These factions dying out, other questions arose, the principal of which was that important one which always, sooner or later, springs up in every English colony, involving on the one hand, as I have already said, the rights of the people, and on the other the claims of the crown. Invariably, almost, if not quite, the struggle originates upon some question of revenue, either in the levying thereof or in its disposition, or both. Thus in the origin of those political parties in New- York, which continued with greater or less acrimony until the separation from the parent-country, Sloughter and Fletcher had both endeavored to obtain grants of revenue to them- selves as representatives of the crown for life, but had failed. The assembly of 1705 pertinaciously insisted that they would vote the salaries for the officers of the crown only with the annual supplies. This was a principle which Cornbury, as the representative of the crown, felt bound to resist. Henceforward, therefore, until the colony cast off its allegiance, the struggle in regard to the revenue and its disposition was almost perpetually before the people in one form or another; and in some years, owing to the obstinacy of the representa- tives of the crown on one side, and the inflexibility of the representa- tives of the people on the other, supplies were not granted at all. This struggle was the forerunner of that of the Ee volution. The assembly, however, notwithstanding all the governor's efforts, was refractory ; and the latter, at length perceiving that his continued opposition to the appointment of a treasurer would probably result in his having no supplies whatever voted him, was forced to yield and submit the matter to her Majesty and council. The assembly thus won a great victory; for the answer of the home government to Cornbury was coupled with instructions — much to the latter's intense chagrin and mortification — "to permit the General Assembly of the province to name their own Treasurer when they raised extraordinary supplies for particular uses, such being no part of Her Majesty's THE ADMINISTEATION OF LOED COENBUEY 75 standing and constant revenue." ^ On the promulgation of this order, three thousand pounds were at once voted for the defense of the city, and Colonel Abraham De Peyster appointed by statute to the respon- sible office of treasurer, the only condition attached to the appoint- ment being that the holder should be accountable for his disbursements to the general assembly, governor, and council. Nor was the letter which accompanied the "instructions" from the lords of trade cal- culated to lessen Combury's disgust. " We hope," concludes the let- ter, "that no occasion has been given by the Government for any just diffidence [distrust], and that your Lordship has and will lay before the Assembly an account of all monies raised by Acts of Assem- bly whenever they shall desire the same, that upon they being satisfied with the right application thereof they may be encouraged to raise further supplies toward their own support, whereby an end may be put to the demands your Lordship makes from hence of arms and ammunition for the defense of the country. And we further recom- mend that such moderate and persuasive means be used by your Lordship with the Assembly, that Her Majesty's subjects in that prov- ince may not be deprived of the succors that are necessary for their preservation." The governor, however, did not acquiesce in these suggestions with a good grace. On the contrary, he continually either refused or designedly neglected to sign acts passed by the legis- lature; until, finally, he was peremptorily ordered by the lords of trade to continue this conduct no longer. Indeed, the entire course pursued by Cornbury in his dealings with the New -York assembly appears most singular. Certainly it was in direct opposition to the repeatedly expressed policy and wish of the parent government. His idea seems to have been to widen the breach, already broad, between the people and the crown, instead, as was the case with Andros and Dongan, of fostering a spirit of conciliation. Had Cornbury been governor under the reign of either of the royal brothers Charles and James, his action might be better understood. But whatever his motive, his efforts were aimed at alienating the colonies from the mother-country and crushing out the self-respect of the colonists. Indeed, it would seem from his correspondence with the lords of trade (and the letters of no colonial governor are more numerous and voluminous than are his) as if he made it a special study not how to render her Majesty's subjects more contented, but in what manner a spirit of rebellion could best be fomented. " In the country," he writes under date of July 18, 1705, " and especially in Long Island, most of the English are dissenters, being for the most part people who have removed from New England and Connecticut, who are in no wise fond of monarchy, soe that they naturally incline to encroach, as often 1 H. Walpole to the lords of trade, Doc. rel. Col. Hist. N. Y., 5 : 546. 76 HISTORY OF NEW-YOKK as they can, upon the Prerogative ; soe it is no wonder if they are will- ing to extend the power of their Assembly as far as they can." Yet it must be admitted that the writer had a glimmering of the future independence of the colonies. " I declare my opinion to be," he fur- ther wrote in this same letter, " that all these collonys, which are but twigs belonging to the same Tree [England], ought to be kept entirely dependent upon, and subservient to, England, and that can never be if they are suffered to goe on in the notions they have, that, as they are Englishmen, soe they may set up the same manufactures here as people may doe in Eng- land. I am well informed that upon Long Island and in Con- necticut they are setting up a woolen Manufacture; and I, myself, have seen serge made upon Long Island that any man may wear. The conse- quence, therefore, will be that if once they see they can cloathe themselves, not only comfortably but handsomely too, without the help of Eng- land, they, who already are not very fond of submitting to Govern- ment, will soon think of putting in executions designs they have long harboured in their breasts. This will not seem strange when you consider what sort of people this country is inhabited by." But what Cornbury did not see — though neither did, for that matter, George III. and his ministers sixty years later — was, that had England en- couraged these manufactures and made her colonists feel that their interests were identical with those of the mother-country and they themselves component parts of the British realm, she would have held her colonies as with hooks of steel! The conduct pursued by Cornbury with his New Jersey assembly was also of the same impolitic character. In 1705 his attempt to obtain from that body an annual salary of two thousand pounds for THE FRENCH HUGUENOT CHURCH IN PINE STREET, 1704.1 1 The building illustrated in the text was erected on King street (now Pine), near Nassau, north side ; the laying of the corner-stone took place on July 8, 1704. Sixteen years before that the French Hu- guenots began to hold services in a small build- ing on Marketfleld street, half-way between White- hall and Broad streets. The Pine street church was of stone covered with plaster. The burying- ground attached to it extended back to the next street (Little Queen, now Cedar). In 1776 the Brit- ish converted it into a storehouse, making it unfit for use as a church without extensive repairs. These were not undertaken until 1796, when wor- ship was resumed under Huguenot forms. In 1803 the forms of the Episcopal Church were adopted, and have since continued, the church being known as "L'Eglise du Saint Esprit." In 1832 the con- gregation removed to a building on the southwest comer of Franklin and Church streets, whence another move was made iu 1863 to the present edi- fice in Twenty-second street, between Fifth and Sixth avenues. Editor. THE ADMmiSTEATION OF LORD COENBUEY 77 twenty years had been thwarted by the Quaker, Samuel Jennings, who, in reply to his statement that the governor's salary was too small, curtly remarked, " Then thee must be very needy." Furious at this rebuff, he straightway dissolved the assembly, and, in the spring of 1706, called a new one with the specific object of having his salary both renewed and increased. Glreatly to his surprise, how- ever, a majority of the newly elected members flatly refused to accede to his wishes; nor was his disappointment softened when he found not only that a late member of his New Jersey council-board, Colonel Lewis Morris (a former governor of New Jersey), was at the head of the opposition, but that Samuel Jennings, the sturdy Quaker, had also been chosen speaker. As soon as the house was organized, a peti- tion, setting forth the grievances of the colony, under the rule of Corn- bury, was prepared for presentation to the queen; and the governor, from being on the offensive, suddenly found himself placed on his defense. This petition, together with a remonstrance drafted by Morris, was read to him. In it he was accused, among other things, not only of accepting bribes, but also of "encroaching upon popular hberty by denying the freeholders' election of their representatives"; and as the reading progressed, different passages in it were com- mented on by the members accompanied by caustic remarks. " At the more pointed passages Cornbury, assuming a stern air of author- ity, would cry out : ' Stop ! what 's that 1 ' When thus interrupted Jennings would look steadily into the governor's eyes for an instant, and then meekly, but emphatically, reread the offensive paragraph, bringing out every shade of meaning with stinging fullness of articu- lation." ^ Cornbury attempted a reply to this arraignment, but his arguments were such as relied for their effect on mere personal abuse. Finally, upon his charging the Quakers with disloyalty, that sect, in a second paper, replied to this charge in the words of Nehemiah to Sanballat: "There is no such things done as thou sayest, but thou feignest them out of thine own heart." Completely foiled, the gov- ernor returned to New-York. Shortly after his controversy with the New Jersey assembly, Corn- bury suffered a severe domestic affliction in the death of his wife, who died on Sunday, August 11, 1706, in the thirty-fifth year of her age. Katherine, Lady Cornbury, was the daughter of Lord O'Brian, son of the Earl of Eichmond of Ireland, and of Lady Katherine Stuart, sister of the Duke of Richmond and Lenox. She was mar- ried to Lord Cornbury July 10, 1688, and on the death of her mother became Baroness Clifton of Warwickshire, England. She accom- panied her husband to America, suffering from what seems to have been a pulmonary complaint, and was never well from the time of 1 Lamb's " History of New-York City," 1 : 475. 78 HISTORY OF NEW-YOKK her landing until her death. She appears to have been an amiable woman, and to have exercised a restraining influence over her disso- lute husband. On one of his visits to Albany to attend an Indian council one of the Eiver Indians presented her with a magnificent otter-skin for a muff, as a testimony from his tribe to her personal chai-acter; and she seems, also, to have inspired her dependents with affection. As her end drew near, her husband, who loved her devot- edly, "watched by her bedside night and day, and reprimanded nurses and servants for the most trifling negligence." By her mar- riage he had seven children, of whom only one son and two daughters survived their mother. Her funeral sermon (afterward reprinted in London) was preached by the Rev. John Sharp, chaplain of the fort; and her obsequies, which were conducted with much pomp and ceremony,^ took place in Trinity Church.^ The memory of his wife seems for a time to have had a chastening effect upon the governor. He was at flrst completely prostrated by his grief, and refused all consolation;' but it was not long ere his old habits resumed their sway, and he became even more dissipated than before his bereavement. * At the same time he was most ostentatious in the performance of his formal religious duties, and apparently thought that the greater his zeal in the persecution of dissenters, the surer would be his ultimate reward. Imbued with this idea, he looked around to see in what way he could put his zeal into practice. Nor was it long before he saw his opportunity. His apparent success in 1 At least this is the inference when we read cannot he easily gainsaid: " The lady of this very (Doc. rel. Col. Hist. N. Y., 5 : 111) that three hun- just [a term used satirically, following an account dred pounds were paid to a Mr. Budinot from of Cornbury's defrauding of BIr. Bedlow's widow sale of crown lands in Bushwick, L. I., as " due and heirs] nobleman was equally a character. He for part of Lady Cornbury's funeral." See also had fallen in love with her ear, which was very "An Account of Maladministration in ye Gov- beautiful. The ear ceased to please, and he treated ernment of New- York, by ye late Chief Justice her with neglect. Her pin-money was withheld, Mompesson" (Doc. rel. Col. Hist. N. Y., 5: 406), and she had no resource but begging and steal- where this grant for Lady Cornbury's funeral ing. She borrowed gowns and coats and never expenses, as well as others, is among the proofs of returned them. As hers was the only carriage in this "maladministration." the city, the rolling of the wheels was easily dis- 2 In December, 1839, on the foundation of the tinguished, and then the cry in the house was, tower of Trinity Church being renoioved, a grave ' There comes my lady ; hide this, hide that, take was opened which contained the fragments of a that away.' Whatever she admired in her visit cof&n. The large plate which had been placed on she was sure to send for the next day. She had a the lid was still intact, and perfectly legible, and fancy to have with her eight or ten young ladies, showed the arms of the family of Eichmond, and and make them do her sewing-work, for who could the name of Lady Cornbury. Her age, pedigree, refuse their daughters to my lady ? My step-grand- and date of her decease were also given. A new mother was one of these favored girls." (Mrs. Ja- tomb was provided wherein these rehcs were in- net Montgomery's Unpublished Memoirs, cited in terred. Editor. "BiographiesofFranoisLewisandMorganLewis," 3 It seems cruel to disparage this lady's charac- by Mrs. Julia Delafield, 2 vols., New-York, 1877, ter, and at the same time to dissipate into an " airy 1 : 205, 206. ) Mrs. Montgomery was the sister of nothing " the only redeeming feature that it ap- Mayor Edward Livingston, and the widow of peared possible to ascribe to Lord Cornbury — his General Richard Montgomery, who fell at Quebec, attachment to his wife, although his known licen- December 31, 1775. Editor. tiousness already cast some doubt on this alleged * This statement is founded on numerous let- devotion. But the following extract, based on in- ters and documents, written by parties in a posi- formation that came down from mouth to mouth tion to know, and which are scattered through in respectable families whose earlier members were Vols. IV and V of the Doc. rel. Col. Hist. N. Y. themselves the sufferers, affords testimony that THE ADMINISTRATION OF LORD OOENBUEY 79 SERMON Preached at Trinity'-'Cbarcb in Neto-Tork, I N A A. removing the Presbyterian clergyman in Jamaica from his church and parsonage, some years previous, had, it would seem, only whetted his appetite for similar prey. " He [Cornbury] detested," says the histo- rian Smith, " all who were not of the same denomination as his own, and being averse to every sect except his own, he insisted that neither the ministers nor the schoolmasters of the Dutch, the most numerous persuasion in the province, had a right to preach or in- struct, without the gu- bernatorial license, and some of them tamely submitted to his un- authoritative rule." ^ But not all. At this time the Presbyterians in New- York city were few in number, and possessed of no build- ing in which to wor- ship. For these rea- sons they were accus- tomed to meet on the Sabbath at the pri- vate houses of different members of that de- nomination and have religious services. This was the state of things when two Presbyte- rian divines, Eev. John Hampton of Maryland, and Rev. Francis Makemie of Virginia, the latter a clergyman conceded by all his contemporaries to have been M ER I C Augufi 13. 1705. AT THE FUNERAL 0( the Right Honourable Katberine Lady Cornbury^ BaronefiC/;i^<)« otLeightonSftDifwol^.^c. Heirefs to The moft NohJe CharletDvike of Bi'chmond and Lemx, Wife to his Excellency ^nntri Lord Vilcounc Cornimy, Her M^efty's Captain General,an4 Governor in Chief of the Pro'mnces of Ne^-tork, Netp-Jerfey, and Terri- tories depeoduig thereon in America, &c. Job XIV. Ver. i^ AS the Jays cftny appointed Time will I wait, till my change come. By John Sharp, A. M. Chaplain to the Queen's Forces in the Province of Nev>-Tork. mmmmmmmmmmmaamammmmmm C«« V =* ^^ ^|j io ^^ #^ ^^^K^tJiU^^ ""^ rai iK^. ^k. ^ * \ 1 , J -ffl^^^s 1^ i>^M^^^a||Hj 1^^- ^M' " ^^m 1^^ w 7^ p-% 1,1 \ :5^j >W^ ^ ^4 B ^9 /'"^'^'^X, 1p IV'"? "" ''^^\i% =#^^\ llR V \__ J^M i' ^ CyaM ^€/7?f appointed for the same and her Majestie haveing thereby likewise thought fitt to revoke annull and determine the Commission formerly granted to Rich'' Ingoldshy Esq. constituting & appointing him L' Gov of y" said Province the administra- tion whereof will devolve upon the President of the Councill does therefore declare unto Mm her Pleasure concerning the Premisses prohihitting the Passing any Grants of Lands in the said Pro- vince. And Coll. Schuyler being att Present ab- sent from this Province CoU" Beekman who is the next Councillor named to him in her Ma'"" Instruc- tions does think fitt to order by the advice of this Board that y° s'' Letter be Immediately Published att the Citty Hall in the usual manner." iDoc. rel. Col. Hist. N. Y., 5; 89, 90. The let^ ter is dated September 3, 1709. By the same ship came Ingoldesby's letters announcing the death of Lord Lovelace and his own assumption of the government. On September 5, the order revok- ing his commission as Ueutenant-govemor was passed by the royal council, the queen being present. 116 HISTORY OF NEW-YOKE nately the rule of this man was brief, but it was not brief enough to prevent his disgracing himself by conduct such as this, as well as by that reckless granting of valuable lands to himself and friends which had been the bane of former administrations. But one enterprise, the first of its kind in the eighteenth century, which had been set on foot before his incumbency, ripened irito action just as he entered upon his functions, and lends some luster to his otherwise undignified rule. A few mouths before the death of Lord Lovelace, on March 1, 1709, the queen addressed to him a letter, officially informing him that "at great expense" the authorities in England were fitting out an expedi- tion to Canada, to be placed under the direction of Colonel Samuel Vetch. In this paper the governor was directed to allow himself to be guided in all matters pertaining to this enterprise according to the in- structions and plans of which the colonel was the bearer. For fear that the latter might not reach New- York in safety, or might not reach it soon enough, a letter reiterating these instructions substantially was sent by post on another vessel. In this document, bearing date April 28, Lord Sunderland carefully detailed the plan of campaign which had been decided on by the ministry in England ; and also the mode of preparing for it in America is indicated. Lord Lovelace died before either Colonel Vetch or the secretary's letter reached him, but the expedition had been so thoroughly determined on, and such ear- nest provision was made for it, that this important business was not in the least interrupted by that sad circumstance. It may readily be appreciated that the people of the colonies must have been ripe for such an enterprise, and would heartily join in the efforts of the home government. " Queen Anne's War," corresponding with that of the Spanish Succession in Europe, had precipitated hos- tilities on the southern borders in its very beginning, in 1702. The English there had taken the initiative against the Spanish settlements. Governor Moore of South Carolina attacked the Spanish town of St. Augustine in Florida. The town itself was easily taken, but the castle held out until reinforcements compelled Moore to raise the siege and even to abandon his stores in the retreat. A second expedition was organized, and assailed the Indian allies of the French and Spaniards dwelling about Appalachee Bay. As a result of this exploit, several tribes submitted to the jurisdiction of Carolina. In the year 1706 a French fleet sailed from Havana, intending to reduce Charleston; but the people beat off the enemy, who had effected a landing, with a loss of three hundred men, killed or prisoners. At the north there hung the ever-threatening cloud of French and Indian invasion, with its accom- panying atrocities. The Deerfield massacre had thrilled New England with horror in 1704. It was succeeded by the assault upon Haverhill, on the Merrimac, on August 29, 1708, and fresh horrors might be ex- LOED LOVELACE AND THE SECOND CANADIAN CAMPAIGN 117 pected at any moment. It is to be regretted that so gallant and noble a people as tbe French must ever stand charged at the bar of history with having deliberately incited, or encouraged, or at least counte- nanced such barbarities. In a burst of righteous anger Colonel Peter Schuyler — Quider, the friend of the Indians — sent a message of re- buke and remonstrance to Marquis de Vaudreuil, Governor of Canada: "My heart swells with indignation when I think that a war between Christian princes, bound to the exactest laws of honor and generosity, is degenerating into a savage and boundless butchery." ^ What wonder that the people rose almost en masse to resist this unnatural and wicked combination of civilization and savagery, and to uproot the power of the French in Canada. Bancroft tells us that during one year in the course of the war actually one fifth of the entire population able to carry arms were enlisted as soldiers, and that there was universally "fostered a willingness to exterminate the na- tives." Colonel Vetch came over with in- structions, similar to those which have been noticed as addressed to Lord Lovelace, for the governors of Penn- sylvania, Connecticut, and Rhode Is- land. While large supplies were cordially voted and the requisite number of levies made in the more northern colonies, considerable oppo- sition was encountered in the Penn- sylvania and New Jersey legislatures, by reason of the prevalence of the Quaker element there. The New- York assembly pledged itself to raise the sum of ten thousand pounds,' and early in the summer of 1709 its quota of soldiers was already on the way. The plan of campaign as laid before Lord Lovelace was to be as follows: "It is resolved to attack at the same time both Quebeck and Montreal, the first by sea and the second over the lake from Albany, with a body of 1500 men who are to be i-aised and armed, as you will see in the en- closed instructions. Her Majesty is now fitting out her Commander- in-Chief of the said expedition with a squadron of ships and five Eegiments of the regular troops, who are to be at Boston by the mid- THE SCHUYLER VASE. 2 1 Bancroft, "TJBited States" (ed. 1883), 2 : 198. 2 The following is the inscription on the vase : "Presented by Anne Queen of England to Col. Peter Schuyler, of Alhany, in the Province of New- York, AprU 19, 1710. To commemorate his visit to England by request of the Provincial Gov- ernment, accompanied by five sachems of the Mohawks." 3 Doc. rel. Col. Hist. N. Y., 5: 81. 118 HISTORY OF NEW-YOKK die of May, and there to be joined with 1200 of the best men of New England and Road Island. They are then to sail with all expedition to attack Quebeck, being provided with Engineers, bomb vessells, and all sorts of artillery for such an enterprise. At the same time the 1500 men from Albany, under the command of one whom you shall appoint, are to make the best of their way to Montreal, which place they are to attack, and if possible to reduce to Her Maj'''"' obedience."' The chief command over the land forces of the united colonies was in- trusted to Colonel Francis Nicholson, who was lieutenant-governor of New- York under Sir Edmund Andros, and had since been governor of Virginia. Colonel Vetch, to whose experience and zeal the expedi- tion owed its inception and most of its present active preparation, was placed next to him in authority. He was of Scotch birth, and had first come to America in connection with that strange scheme of colonization of the Isthmus of Darien projected by William Paterson, the founder of the Bank of England. When the Darien bubble burst, Vetch, a young man of not quite thirty years, settled at Albany, at- taining success as a trader, and married the daughter of Robert Liv- ingston in 1700. In 1705 Colonel (then Captain) Vetch was appointed by the governor of Massachusetts a commissioner to Quebec, to nego- tiate an exchange of prisoners, and also, if possible, a treaty of peace or truce. Vetch remained in Canada several months, and he kept his eyes wide open as to the chances of a capture of its chief cities. He "devoted himself to the study of the topography and resources of the country. There were even those who said that, by intelligent and none too open observation, he learned more of Canadian weakness than was right for an Englishman in time of war to know." ^ He was thus well fitted to recommend the Canadian expedition to Queen Anne and her ministry, and to suggest besides the details of the campaign. Having promoted the enterprise also on this side of the Atlantic as vigorously as he had done, he was certainly entitled to be the second in command. It was well understood that in case of a successful issue, he was to receive the appointment of governor of Canada. The rendezvous for the land forces, as directed by the instructions, was Albany. Here the men from the different provinces collected during the month of June, and meanwhile the commander and his staff were utilizing the time by gathering all available information from Indians. Indian scouts had previously been sent far into the enemy's country, some even reaching the villages of the natives along the St. Lawrence. These now began to come in, and much valuable intelligence was gained from them.' On June 28 all was ready for the march upon Montreal. Colonel Nicholson, accompanied by the iDoc. rel. Col. Hist. N. Y., 5 : 73. 2Artiole in " International Review," November, 1881, on " An Acadian Governor," p. 467. 3 Doc. rel. Col. Hist. N. Y., 5 : 85. LOBD LOVELACE A]ST> THE SECOND CANADIAN CAMPAIGN 119 Indian contingent from the ever-loyal Five Nations, under their trusted friend Colonel Schuyler, led his little army as far as Stillwater, destined to be a field of glory in a cause more important than even the present. Here was hastily constructed a redoubt, which, in honor of the heutenant-governor of the province, Nicholson named Fort Ingoldesby.^ Then crossing the Hudson at a favorable point, many of which the quiet flow of its shallow waters here afforded, the colonial forces traversed the tangled wilderness and primeval forest, and halted and encamped on Wood Creek, at the southern extremity of Lake Champlain. Here news was awaited in regard to the movements of the cooperating fleet. Colonel Vetch had gone to Boston at the same time that Nicholson led forth his forces from Albany upon the north- ern march. The fleet from England, as promised in the instructions, was to have arrived the middle of May. It was essential that the two attacking forces should have a knowledge of each other's situation and progress, and Vetch went to arrange some means of communication between them. But when he reached Boston, early in July, the fleet had not yet arrived. After many weary weeks of waiting, instead of a fleet, a solitary vessel entered the harbor — a despatch-boat bringing the disheartening news that no English fleet was coming at all. The conduct of the war on the Spanish peninsula having gone against the Portuguese, the allies of England, the destination of the promised squadron with its flve regiments of regulars had been changed from Boston to Lisbon.^ In September, 1709, this news reached the colonial camp on "Wood Creek, in the wilderness of northern New- York. Of necessity the expedition against Canada was at an end. The aimless waiting had aheady depleted the ranks of the little army, and some intentional or unintentional defllement of the waters of the creek near its source had caused a frightful rate of mortality. By October 5 the forces had dwindled down to a mere handful, and these now abandoned the camp and returned to their homes. With nothing accomplished, and after expenses incurred that far exceeded their means, the people of the northern colonies were con- fronted with the burden of an oppressive debt, in addition to the still threatening perils of French and Indian atrocities. In spite of this almost ridiculous failure, however, Colonel Schuyler was determined to force the Canadian, or the French and Indian, question upon the attention of the English court. "I hold it my duty toward God and my neighbor," he had said, " to prevent, if possible, these barbarous and heathen cruelties." At the end of this same year (1709) he took with him to England, at his own expense, flve chiefs of the Five Nations. " In London, amid the gaze of crowds, dressed in English 1 "Letters of Hessian OfBcers during the Revolution," translated by William L. Stone, p. 134, note. 2 "An Acadian Governor," as cited, p. 495, note. 120 HISTORY OF NEW-YOEK small-clothes of black, with scarlet ingrain cloth mantles edged with gold for their blankets, they were conducted in coaches to an audience with Queen Anne, to whom they gave belts of wampum, and avowed their readiness to take up the hatchet for the reduction of Canada."^ To this effective expedient on the part of the indefatigable Schuyler we may doubtless trace the better-sustained attempts against Canada of subsequent years, finally resulting in its complete reduction under the empire of Great Britain.^ 1 Bancroft, "History United States" (ed. 1883), Nicholson went over in the same ship with Sehuy- 1 : 199. ler and his Indians, and also naturally had much 2 In recognition of his noble services in this to do with presenting them to the queen, some connection, and to commemorate this remarkar English historians of that date, with characteristic ble visit, Queen Anne presented Colonel Schuyler carelessness in such matters, suppress all mention with a handsome vase, which is still a cherished of the Dutch-American and colonial officer, as- heirloom in the family, and of which an illustra- cribing the merit of the undertaking to Francis tion is to be found on page 117. Since Colonel Nicholson alone. -:/ Lmi-^ifrf ffi'flU'/'T'fli!./'"-"^'/"' ' CHAPTER IV EOBEKT HUNTER AND THE SETTLEMENT OF THE PALATINES 1710-1719 N the 14th of June, 1710, attended by a fleet and army, Greneral Robert Hunter arrived at New- York, and was inaugurated with the usual ceremonies. He was among the most able, and certainly the most scholarly, of all the colonial governors of New- York, and of ancient and honorable ancestry, being a descendant of the Hunters of Hunterston, Ayrshire, Scotland. The families of that name in Scotland are of Norman ex- traction. The office held by the original bearers of it is supposed to have been of the nature of " forester." One Aylmer de la Hunter is said to have been the progenitor " of the Hunters of Arneil, designed of Hunterston and of that ilk." An authority on Scottish heraldry remarks, in regard to the antiquity of the name, that " Grulielmus Venator (which I take for Hunter) is a witness in the charter of erection of the bishopric of Grlasgow by David I. when he was prince of Cumberland. In a charter of King Alexander II., of the lands of Manners to William Badde- ley, . . . the lands of Norman Hunter are ex- empted."-^ There soon begin to appear two distinct branches, the Hunters of Polmood in * Peeblesshire, and the Hunters of Hunterston in Ayrshire. The former line is now extinct. Of the Hunterston line it is asserted that "they appear to have had at least a part of the estate they possess in Cun- ningham whUe the Morvilles were lords of that country, as far back as the reign of Alexander II." — that is, between the years 1214 and 1249. The tenth in succession in the ownership of Hunterston was Mungo or Quintegern Hunter, who was the ninth in direct descent from Norman le Hunter. His grandson, Patrick Hunter, was a mem- ber of the committee of war for Ayrshire, in the troublous times un- der Charles I. in 1647. His eldest son, Eobert Hunter, had four sons, the youngest of whom became the father of Robert Hunter, the gover- INisbet's " System of Heraldry," 1; 332. 121 122 HISTOEY OF NEW-YOBK nor of New-York. The Orby-Hunters, of Croyland Abbey, Lincoln- shire, England, are the descendants of the governor through his wife.^ Eobert Hunter, being a son of a fourth son of the head of the family, was not likely to derive much benefit from the estates of Hunterston. He began life, therefore, in a humble way, being apprenticed to an apothecary. Tiring of trade, however, he entered the army, where he served under William III. and the Duke of Marlborough in Belgium, and rose to be major-general. He married the accomplished Lady Elizabeth Hay, daughter and heiress of Sir Thomas Orby, Bart., of Burton, Pedwardine, Lincolnshire, and widow of Lord John Hay, second son of the Marquis of Tweedale. Hunter was not only a soldier and a courtier, but a scholar and wit as well. His literary attain- ments had won him the friend- ship of Addison, Steele, Swift, and other wits and litterateurs of his day.^ He was a good Latin and French scholar, and wrote both languages fluently; most of his letters while in New- York, and some of his drafts of council minutes, now among the State papers at Albany, having been written in French. In 1707, his friend Addison being under secretary of state, Hunter was appointed governor of Virginia, but on the voyage thither was captured by a French privateer and carried into France, where he remained a captive until 1709, when he was exchanged for the Bishop of Quebec. While in prison he corresponded with Dean Swift, and from passages in the latter's letters it appears that he had asked Hunter's influence in securing him a bishopric in Virginia. On his reaching England, Queen Anne oifered Hunter the governorship of Jamaica, but Lord Lovelace of New- York dying at this juncture, that government became vacant, and he chose it instead. Governor Hunter soon found that his post was no sinecure. In his second letter to the lords of trade (July 24, 1710) he wrote that he had a difficult task in those parts, that of reconciling men to one another tm.a^A. : Ju/i/jr 1 "The Scottish Nation," by WiUiain Anderson (Edinburgh, 1870), 2 : 510, 511. 2 He was the author of the famous letter on " Enthusiasm," which was attributed by many to Swift, and by others to Shaftesbury, and was also the reputed author of a farce called " Androboros." Hunter was one of the ablest of the series of royal governors of New-York. "Cyclopa3dia of Ameri- can Biography," vol. 3, New-York, 1892. Editor. EGBERT HUNTEE AND SETTLEMENT OF THE PALATINES 123 and to their true interests. " All that I can say as yet," he added, " is that they are in no worse disposition than that I found them in." Churchmen and dissenters at odds gave him no end of trouble during the early period of his rule ; he also found his general assemblies refractory, jealous of the authority of the mother-country, and indis- posed to vote the revenues required for paying the governor's salary and meeting the ordinary expenses of government, " I thought, in coming to this country," he wrote Dean Swift,^ March 11, 171f , and quoting Sancho Panza, " ' I should have hot meals, and cool drinks, and recreate my body in Holland sheets upon beds of down ; whereas I am doing penance as if I was a hermit, and as I cannot do that with a wiU, believe in the long run the devil will fly away with me.' This worthy was indeed but a type of me, of which I could fully convince you by an exact parallel between our administrations and circum- stances which I shall reserve to another opportunity. The truth of the matter is, I am used like a dog, after having done all that is in the power of man to deserv^e better treatment, so that I am now quite jaded." And March 14 following, he writes : " Here is the finest air to live upon in the universe ; and if our trees and birds could speak, and our Assemblymen be silent, the finest conversation too. Fert omnia tellas, but not for me. According to the custom of our country the Sachems are of the poorest of the people. In a word, and to be serious at last, I have spent three years of life in such torment and vexation that nothing in life can ever make amends for it." This was strong language, but the reader who will follow the story of the governor's administration must admit that it was no stronger than the vexations and difficulties of his position justified. One of his first acts was to communicate his instructions to his council and have his commission read to the people. It was the period of the "War of the Spanish Succession" in Europe, and both papers assumed a warlike tone. His commission conferred some extraordinary powers. He could levy the militia of his territories (New-York, New Jersey, and Connecticut) and march them from one place to another, or embark them by sea, "for the resisting and withstanding of all enemies. Pirates and rebels both by sea and land, and transport such forces to any of our Plantations in America if necessity shall require for the defense of the same." On the capture of such enemies he could put to death or preserve alive at his discretion. He had also power to build as many " Forts and Platforms, Castles, Cities, Burroughs, Towns and Fortifications as he and his Council should judge necessary." He could also commission captains and officers of ships, and empower them to execute the " law martial" on the high seas in time of war. He could grant the public land (with the consent of his council), and appoint 1 " Works of Jonathan Swift," 16 : 47. 124 HISTOBY OF NEW-YOBK fairs, marts, and markets. The concluding clauses constituted him commander-in-chief of the militia and other forces of Connecticut. In his " instructions " were named the members of his council, as fol- lows: "Peter Schuyler, Dr. Samuel Staats, Eobert Walters, Dr. Gerardus Beekman, Eip Van Dam, Caleb Heathcote, Killian Van Eensselaer, Eoger Momperson, John Barbaric, Adolphus Philipse, Abraham de Peyster and David Provost." These instructions were in general of the usual tenor, but comprised some of novel and curious interest. For instance, all " merchants, planters and others " were to be very cautious, in their letters to foreign correspondents, not to give any information of the public condition of the province ; he was also to instruct all masters of ships to put such letters " in a bagg with a sufficient weight to sink the same immediately in case of imminent danger from the enemy." Another order bringing vividly to mind these warlike times was one forbidding mer- chant ships and privateers to fly the colors of men-of-war. Colonial vessels, it seems, trading to the various plantations, and com- mitting "divers irregularities" there, while flying the Union Jack, had very much dis- honored the flag, " for the prevention where- of " he was to oblige all commanders to whom he granted commissions " to wear no other Jack than according to the Sample here de- scribed — that is to say, such as is worn by our ships of war with the distinction of a White Escutcheon in the middle thereof, and that the said mark of distinction may extend itself one-half of the depth of the Jack, and one-third of the fly thereof." In King William's reign a levy had been made on the various pro- vinces for means to erect fortifications on New -York's exposed north- ern frontier. The apportionment is interesting as showing the relative wealth of the colonies at that time. Virginia stood first, her assessment being nine hundred pounds ; Maryland was next, being rated at six hundred and fifty pounds ; Connecticut was third in rank, her assess- ment being four hundred and fifty pounds ; Pennsylvania fourth, with a war tax of three hundred and fifty pounds ; and Rhode Island and Providence plantations last, with a tax of one hundred and fifty pounds. Massachusetts was not taxed. Hunter was further authorized, in case of an invasion of his frontiers, to call out the militia of the various colonies, the several quotas being : Massachusetts, three hundred and fifty men ; New Hampshire, forty ; Ehode Island, forty-eight ; Connec- ticut, one hundred and twenty; East and West New Jersey, each sixty; Pennsylvania, eighty ; Maryland, one hundred and sixty ; Virginia, THE COLONIAL JACK. EOBEET HUNTER AND SETTLEMENT OF THE PALATINES 125 (/iA/^ Vxon^C/c 'OAT^ two hundred and forty. Another clause instructed him to inquire as to the feasibility of making pitch and tar from the vast number of pine-trees said to abound in his province, and to procure from the forests masts, beams, pines, plank, etc., " for our Navy Royal." The instrument also referred to the divided and contentious state of the colony, and advised him to espouse the cause of no faction, but rather to introduce peace and harmony. His salary was raised from six hundred pounds, the former stipend, to twelve hundred, which, as it was to be met from colonial revenues, may have created a prejudice against him. The popular assembly soon met, and in his opening speech the governor admonished the members " to do away with unchris- tian division. Let every man begin at home," he continued, " and weed the ran- cor out of his own mind : leave disputes of property to the laws, and injuries to the Avenger of them, and like good sub- jects and good Christians join hearts and hands for the common good." Two or three assemblies met and were prorogued, however, before this good advice could be said to have been heeded. Governor Hunter had brought with him three thousand Palatines, fugitives from religious persecution, and the poor people demanded his earliest as weU as his latest care. Their immigration forms one of the most striking and romantic episodes in New- York's colonial history. It occupies more space in the documentary history of the colony than any other subject, and gave two royal governors more anxiety and embarrassment than any other element in their government. As their story has never heretofore been fully told, we may be permitted to de- vote some space to it. Their original home was in what is known in history as the Lower Palatinate of the Rhine, composed of two small states which had been united previous to 1620 under the rule of an hereditary prince styled the Count Palatine of the Rhine, one of the seven electors of the empire. Before the Reformation the people, occupied with their gardens, vineyards, and flocks, had been happy and contented ; but the Palatine espoused the cause of Luther, and in the fierce religious wars that followed his little strip of land was often the battle-ground of armies. Yet, though ravaged many times, the people quickly recovered, and still clung to their land and faith. At length Louis XIV. of France, in his blind rage against his Huguenot 126 HISTOKY OF NEW-YORK subjects, sent his armies into the Palatinate and, on the pretext that it harbored heretics, ravaged it utterly. Perhaps no land was ever more thoroughly desolated. Cities and towns, gardens, vineyards, and grain- fields, were burned. In that time of terror, it is said, from the elector's castle at Heidelberg two cities and twenty-five towns were counted in flames at the same moment. The people, after enduring the lust and cruelty of the invaders, were thrust forth, and became exiles and wan- derers through Europe. At the opening of the eighteenth century some of the more resolute began making their way to England. Good Queen Anne had succeeded to the English throne. They had heard that she was kindly disposed toward those persecuted for conscience' sake ; besides, she was connected with their prince by ties of blood, being indeed a cousin in the first degree. In the spring of 1708 a little band of them landed at Whitehall and marched quietly through the London streets, in their shovel-hats, quaint garments, and wooden shoes, objects of much curiosity to the citizens. At their head strode a tall, grave man of mature years, the Joshua of this later exodus, their pastor, Joshua Kocherthal, " Evan- gelical minister," as he is termed in the documents of the Foreign Office. The clergyman had an object in view: he preferred a peti- tion to Queen Anne praying that as a company of forty-one souls — men, women, and children — were soon to be sent to her Majesty's col- onies in America, the favor might be extended also to those of his countrymen whom he represented. The queen received the petition graciously, and in pity for the exiles was disposed to grant it. Her ministers favored the project from reasons of state. It would be an excellent plan, they argued, to plant these Palatines, hereditary enemies of the French, on the northern frontier of New-Tork, and thus interpose them as a barrier to the inroads of the French and In- dians. The queen sent for Pastor Kocherthal, and questioned him minutely concerning his history and that of his people. In reply the latter exhibited certificates of good character signed by the bailiffs of his native town, and which also stated that the bearers had been despoiled of everything by the invaders, whereupon the queen was graciously pleased not only to grant their request, but also free trans- portation to their new homes, lands free of tax or quit-rent, seed, agricultural tools and furniture, and to support them for one year, or until their first harvest could be gathered. They reached New-Tork in December, 1708, and after some months were settled on a grant of two thousand one hundred and ninety acres on the west bank of the Hudson, just above the Highlands, now the site of the beautiful city of Newburg. Here the storm-tossed wanderers cleared lands, built houses, roads, and bridges, and erected a church, which Queen Anne endowed with a bell, and laid the foundation of a thriving town. EOBEET HUNTER AOT) SETTLEMENT OF THE PALATINES 127 Pastor Kocherthal remained only long enough to see his little colony flrmly established, and then embarked for England, where he held an audience with the queen, and, gaining her countenance, went to Germany, and gathering his bruised and smitten coreligionists to the number of three thousand, brought them to England by the way of EotterJam. It was a much larger number than had been expected, and the question of their disposal proved an embarrassing one to the queen's ministers. Some suggested settling them in Jamaica, but this did not seem, feasible — they hesitated at incurring the expense of transporting so large a body to America, and of subsisting them there for a year as they had done their predecessors. At this junc- ture General Hunter, who had just been appointed governor of New- York, suggested employing the Palatines in the production of naval stores until they should repay the cost of their passage. At this moment the Admiralty were considering the project of drawing their naval stores, masts, ship-timber, etc., from their American colonies instead of from Norway, and a commission had been appointed, in 1698, to investigate. They had even gone so far as to offer a bounty of four pounds on every tun of tar imported from America. General Hunter's argument, as contained in a subsequent lords of trade report to the queen, was quite ingenious. "Your Majesty," he urged, " imports four . thousand seven hundred barrels of tar yearly from the Baltic States. It has been found in America that one man can make six tuns of stores per year; and several working together could make double that in proportion. We suppose that six hundred men employed in it will produce seven thousand tuns a year, which, if more than your Majesty needs, could be profitably employed in trade with Spain and Portugal." The cost of production was estimated at five pounds a tun, and that of transportation at four pounds, at which figures it could be sold as low as Norway tar; and calculations were made to show how easy it would be in this way for the Palatines to refund the money advanced them, while at the same time they could be making their homes in the wilderness. The proposition of the governor was accepted. The Palatines signed a contract agreeing to settle on such lands as should be allotted them, not to leave them without the governor's permission, not to engage in woolen-manufacture, and to suffer the naval stores produced to be devoted to the payment of the money advanced. The queen, on her part, agreed to transport them to New- York, to subsist them for one year after their arrival, to fur- nish them with seed and implements, and to grant them, as soon as the debt was paid, forty acres of land each, to be free of tax or quit- rent for seven years. Several sites were discussed as being suitable for this settlement — one on the Mohawk above Little Falls, fifty miles long by four wide (the present Herkimer and German Plats) ; 128 HISTORY OF NEW-YOEK another, "between twenty-four and thirty miles in length," on "a creek which runs into said Eiver " (Schoharie ?) ; a third on the east side of Hudson Eiver, " twelve miles long by seventy wide " ; and a fourth on the west side, " twenty miles wide by forty long." But it does not appear by their contract that a grant of any one of these tracts was specifically made them. The matter was left to the discre- tion of the governor. No little government machinery was set in motion by the enter- prise. Her Majesty's surveyor-general of the woods, John Bridger, was ordered down from New England to instruct them in the art of making tar. Overseers were appointed at a salary of one hundred pounds per annum, a commissary and clerk to receive and care for the stores at two hundred pounds, and a factor in England to place the stores on the market there at the usual commission. Ten vessels were collected at Plymouth for the transportation of the emigrants, the whole being put in charge of the new governor, General Hunter. No account of the scenes witnessed at the embarkation has come down to us, but they must have been of unusual and pathetic interest. Hundreds of their compatriots no doubt crowded the quay to bid them farewell and God-speed. So large an exodus had not been wit- nessed in modern times. There were three thousand people, — men, women, and children, — after twenty years of wandering, about to sail over a vast and stormy sea to a land as vague and shadowy to them as Atlantis is to us. An ill portent occurred, it is said, before the fleet left the harbor. A boat passing from one vessel to another was over- turned, and its occupants drowned, and almost before the land faded a great storm arose and scattered the fleet, injuring one vessel — the Berkeley Castle— so seriously that she was obliged to put into Ports- mouth for repairs. The voyage proved long and stormy, and, in their small vessels, crowded and badly provisioned, was full of hard- ship and discomfort to the voyagers. To add to its terrors, a mortal sickness broke out among them, which before the Narrows were sighted consigned four hundred and seventy of them to an ocean tomb.' The fleet, or a part of it, arrived at New-York, as we have seen, on June 14, 1710. The authorities of the city were somewhat dismayed at the quartering upon them at once of so large a body of people. The mayor and common council presented a petition to the provincial council asking that they might be landed on Nutten (now Governor's) Island, fearing there might be "contagious distempers" among them which would endanger the health of the city. The council coincided with this view, and appointed Doctors Garran, Law, and Moore a committee to visit the Lyon, and report as to their 1 Surgeon Benson, of the ship Lyon, in a petition and thirty of the people on his ship were ill at to Governor Hunter, declared that three hundred one time. EOBEET HUNTEE AND SETTLEMENT OF THE PALATINES 129 health and condition. Johannes Hibon and Peter Williamse, carpen- ters, were ordered to build huts for them on the island. Finally it was ordered that the Palatines with their goods be forthwith landed on Nutten Island. The vessels of the fleet came straggling in one by one. On June 16 three of the Palatine ships were still missing, and the people who had arrived were in a deplorable, sickly condition. On the 24th the Herbert frigate, with the tools, tents, and arms provided for the emi- grants, was cast away on Mon- tauk Point, and the Berkeley Castle was still missing. "The poor people," Hunter wrote, "have been mighty sickly, but recover apace." On the 12th of July he established courts of Judicature on Nutten Island for the government and protection of the Palatines, and forbade exactions and extortions in the price of bread and provisions purchased by them. On the 20th an order of the council provided for apprenticing such of the Pal- atine children as were orphans, or whose parents were unable to support them. The boys were bound out until seventeen years old, and the girls until fifteen.^ As soon as he could arrange affairs at New-York, Hunter tm-ned his attention to settling the exiles. Taking With him his surveyor-gen- eral, John Bridger, he sailed up the Hudson as far as Albany, noting all desirable sites for their settlement along the way. At Albany he made inquiry of the principal men there as to the lands at Schoharie and on the Mohawk, and was assured by them that the site was wholly impracticable — first, because the lands were still held by their Indian owners, the Five Nations; second, because of the danger of incursions from the French and the Canada Indians; third, because the lands were fully twenty miles from any pine-trees, so that the people could not perform their contract to make naval stores in payment of their ex- penses. It was the great mistake of Governor Hunter's administration that he listened to these representations without himself going to view the lands. The parties making them were interested. They wished iThe names, ages, parents, etc., of those inden- tured between August 31, 1710, and May 5, 17U, are given in the "Documentary History of New- York," 3 : 566, 567. There were sixty-eight in aU, Vol. II.— 9. MKS. KIP VAN DAM. mostly orphans, ranging in years from three to fifteen. Their masters resided in different parts of Long Island, New-York City, and the valley of the Hudson, and one in Connecticut. 130 HISTORY OF NEW-YOEK to reserve the rich lands of the Mohawk and Schoharie for themselves, and to sell certain much less desirable tracts on the Hudson, of which they were owners, for the Palatines. On his way up. Hunter had been entertained by Robert Livingston at his manor-house, and had been offered by that gentleman a tract of six thousand acres on the Hudson, forming a part of his manor. Livingston was a man of great ability and force of character, who held many offices under government, and was of vital service to the infant colony. His one fault was an undue acquisitiveness, which inclined him, so that his estate was increased, to have Httle scruple as to the means employed. He had formed a scheme to enrich himself not only by selling his land at a good price, but also by victualing the Palatines. "Colonel Schuyler, the 'Patroon,' and others" seem to have been associated with him in the plot to keep the people off the lands promised them.' Hunter fell straightway into the trap. He purchased the tract of Livingston for four hundred pounds, "country money" (two hundred and sixty-six pounds sterling), though, as he soon learned, and as the Palatines were quickly told, the lands on the Mohawk were much better adapted for the purpose. The tract is now included in the town of Germantown, about eight miles below the city of Hudson ; its northeast boundary extended to within two miles of the manor-house. " Over against it, but a little further," the governor found a small tract ungranted, about a mile in length along the river, where he decided to plant those not provided for on the east side; but there not being sufficient land there, he purchased of Mr. Thomas PuUerton an adjoining tract of eight hundred acres. Three villages or "dorfs" were laid out by Surveyor Bridger on the Living- ston tract, called "East Camp," and two on the west side, called " West Camp." Late in September, 1710, the people began to embark for their new homes; that is, such as were willing to go. Two hundred and fifty died in New- York, some remained in that city, or Joined their brethren in Pennsylvania, having probably been aided to discharge their debt to the queen. A number of young children had been in- dentured, as we have seen, one of the chief sources of later discontent; so that but two thousand two hundred and twenty- seven were settled on the Hudson. Livingston, who had a brewery and bake-house on his estate, ap- plied for and received the contract for victualing them.^ His contract obliged him to furnish each adult a third of a loaf of bread a day, — the loaves of such sort and size as were sold in New-York for fourpence 1 "Du Prfe to Mr. Vernon," Doe. Hist., 3 : 652. Colonel Hunter at his first arrival in his govern- 2 This connection with Livingston was ttsed with ment has fallen into such ill hands, for this Liv- great force against Hunter by the opposition at ingston has been known many years in that pro- home, and had much to do, no doubt, with the non- viuce for a very ill mian. He formerly victualed payment of his bills for subsisting the Palatines, the forces at Albany, in which he was guilty of The great Clarendon, in a letter to Lord Dartmouth, most notorious frauds by which he greatly im- Seoretary of State, wrote: '■ I thlnkit unhappy that proved his estate. He has a mill and brewhouse ROBERT HUNTEE AND SETTLEMENT OF THE PALATINES 131 halfpenny, — and a quart of beer to each daily from his brewhouse. The first step of the people was to build houses and make clearings. In the spring, under overseers, they were set to discharging their obli- gations to the queen by preparing the trees for tar-making. Two years were required for the process : in the spring, when the sap was up, they barked the north side of the tree ; in the autumn, before the sap was down, the south side ; the next spring, the east side ; and the succeeding autumn, the west side. Then, when the tree was fully dead, it was cut into proper lengths and exposed to slow combustion in a rude kiln, by which means the tar was extracted. Turpentine was pro- cured by bleeding the trees as now practised. Overseers were ap- pointed to keep the people at work, and so zealous for the queen were they that the boys and girls even were set to gathering pine-knots and fat pine, from which alone, Governor Hunter reported, sixty bar- rels of tar were made the first year. Soon Hunter was confronted with what proved to be one of the most harassing conditions of his administration — the refusal of the author- ities at home to pay his bills for expenses incurred on behalf of the Palatines. A new ministry had come into power, quite willing to make the acts of their predecessors appear corrupt and extravagant. Early in October, 1710, he wrote to the lords of trade, saying that he was much alarmed by a letter from Mr. Perry stating that he not only could not get from the treasury the money advanced by him (Hunter) for the Palatines, but was informed by the officers there that he must expect it out of the ten thousand pounds voted by Parliament for the purpose. "1 know not what Parliament has voted," he con- tinues, . . . "but 1 know . . . that 1 am ordered to put in execution that scheme which directs that they should be subsisted at the rate of 6d. and 4d. per diem, full grown and children, . . . and for that pur- pose had bills of £8000 given me, which will soon be expended, and then I must see the poor people starve, or subsist them upon what credit I can make here, which if not supported at home I am undone," — a contingency which soon came to pass. Having settled the Palatines, the governor turned his attention to other affairs of his provinces. Those of New Jersey he found in even worse confusion than New- York. "Unless Her Majesty be pleased to remove from her Councill in the Jersey's William Pinhorne, Daniel Ooxe, Peter Soumans, and William Hall, there are no hopes of peace and quiet in that province," he wrote the lords of trade in May, 1711. upon Ms land, and if he can get the victualing of laziness they are already prone to.'' The earl, the Palatines, who are so conveniently posted for however, was opposed to the emigration of the this purpose, he will make a good addition to his Palatines. It is just to Livingston to say that a estate. ... I am of opinion, if subsistence be all, commission appointed to inquire Into his ac- the conclusion will be that Livingston and some counts while quartermaster exonerated him from others will get large estates, the Palatines wiU charges of fraud, be none the richer, but will be confirmed in that 132 HISTORY OF NEW-YOEK Ooxe was the principal man of the colony, proprietor, and for some years governor, of West Jersey. He had been a member of Lord Cornbury's conncil in 1706, speaker of the house, and from 1734 to his death, in May, 1739, was associate justice of the Supreme Court of New Jersey. His is a marked name in American literature, from his "Description of the English Province of Carolina, by the Spaniards called Florida, and by the French La Louisiane," which in its preface contained a plan outlined at length, and with no little force of argu- ment, for a confederation of the American colonies. Having been published in London in 1722, this antedated by thirty-two years the celebrated scheme of Franklin, first broached at Albany in 1754, and which is popularly supposed to have been the parent of the confederation of 1776-78. Peter Soumans was a native of Holland, son of one of the twenty-four proprietors of East Jersey. William Pinhorne has been before introduced to the reader. The fault of these gentlemen was that "they could not agree in Council on any question submitted to them"; that they caviled and wrangled on matters foreign to the business in hand, and "spent KELics OP THE PALATiKEs.i ^^^^ ^-^^ -^^ indeceut reflectious on the conduct and memory of a person of honor recently deceased," fre- quently with so much heat that the governor was forced to interpose to preserve decorum. In this same letter Hunter asked for the ap- pointment of a wholly new council, and proposed the names of eight good men for it — John Hambleton (Hamilton!), General Postmaster; Thomas Byerly, Collector of New- York and a proprietor of the Jerseys; John Reading, Clerk to the Council of Proprietors ; Robert Wheeler, "a very honest, substantial inhabitant at Burlington," for the Western Division ; and David Lyell, a proprietor, and John Anderson, William Morris, and Elisha Parker, "wealthy, honest men," for the Eastern Division. The assembly sustained him in this demand for a new upper house. The matter was held in abeyance by the home ministry until statements from the other party interested could be secured. The governor gave a sadder account of affairs in New -York. He found the assembly refractory, restive under the queen's authority, clamorous for charter governments like those enjoyed by their neigh- bors, and unwilling to vote salaries for the queen's officers, or any sup- plies for government. It was not that he was personally unpopular — the leaven of independence was working. By and by the speaker reported that the house "had resolved by a great majority to go home 1 These shoes, nearly two centuries old, and worn by one of the Germans from the Palatinate, are preserved by the New-York Agricultural Society. Editor. ROBERT HUNTER AND SETTLEMENT OF THE PALATINES 133 about their business," and advised him to dissolve them. The coun- cil, on being consulted, also thought it better for him to dissolve them than to have them dissolve themselves, whereupon Hunter did so, ac- companying the action with a sharp reprimand. "What course to take in such a junctui'e," he wrote the lords of trade, "I know not: the Officers of the Grovernment are starving, the Forts on the Frontiers in ruin, the French and French Indians threatening us every day, no public money nor credit for five pounds on the public account, and all the necessary expense of the Grovernment supplied by my proper credit, particularly fire and candle, and repairs for all the garri- sons, and no hopes that I can thinls of for any remedy ; for as to the calling of a new Assembly, I shall either have all the same members, or such others who ^^^ ./^^^^^/"^^ will return with greater fury." He asked for instructions from the crown, and also as to the establishment of a court of chancery, for which " he had been pelted with petitions" in all the provinces. To add to the difficulties of his position, religious dissensions soon broke out, and involved him in vexatious disputes and entanglements. Hunter was reported to be lukewarm toward the Established Church. Churchmen charged that he preferred Independents to chief places in the government rather than those of the Church of England. This was the root of the difficulty in New Jersey. In reply to his request for the deposition of Pinhorne, Coxe, Soumans, and Hall, the Eev. Jacob Henderson, missionary of the Church of England in Dover Hundred, Pennsylvania, wrote home a long letter asserting that there were no laws in New Jersey in favor of the Church, as the Quakers and other dissenters being most numerous and having a majority of the assembly, none could be passed ; but that hitherto her interests had been conserved by the council, a majority of whom, including the gentlemen above named, were Church of England men; and charging that this was a plot on the part of Grovernor Hunter and Colonel Lewis Morris to turn out churchmen and place in their room dissenters, or such churchmen as would run into all the measures of the assembly. The reverend gentleman concluded by paying a glowing tribute to the characters of the men proposed to be retired, and speaking in a very damaging way of those proposed for appointment — one of whom he said was a Presbyterian, formerly a ship captain, who had plundered his ship, and with the proceeds bought land ; a second, a poor, ignorant person who once kept a ferry at New -York; a third was an Inde- pendent ; a fourth had been brought up " with one Kid, a Pirate " ; a fifth was a man of no principles ; a sixth was a Quaker ; a seventh, a poor, ignorant, insignificant fellow, whom they had made treasurer with the expectation that he would be a mere tool to serve them in 134 HISTOBY OF NEW-YOEK their affairs. This letter brought out a reply, unsigned, but no doubt by Colonel Lewis Morris, somewhat more personal in its charges, and a war of wqrds and letters ensued which must have proved very dis- tracting to the home ministry when it was brought before them. In point of fact. Hunter was a good churchman, as he iterated and reiterated in letters to the Lord Bishop of London and to his friend John Chamberlayne of London.' The report of his lukewarmness came from the Eev. William Vesey, rector of Trinity Church. Mr. Vesey was a good man, but so thoroughly absorbed in his church and parish work as to have become somewhat narrow-minded and bigoted, ready to go to undue lengths in order to advance the interests of his church. Hunter was much more liberal in matters of faith than his predecessors Lovelace and Oornbury, and the two clashed. Hunter, in his letter to the bishop, before mentioned, charged that Mr. Vesey had openly and grossly abused him before his arrival, and ever since that time had been a constant caballer with those who had obstructed all settlement of the revenue " in order to starve me out, as they phrase it." Mr. Vesey's earliest and probably chief grievance is narrated at length by Colonel Lewis Morris^ in a letter to John Chamberlayne. On the governor's arrival, he wrote, application was made to him by Trinity Church for the Queen's Farm, which he immediately gave during his term. This, however, did not satisfy Mr. Vesey, who asked the gover- nor to join him in a petition to Queen Anne to grant it to Trinity Church, it having formerly been granted them by Colonel Fletcher, which grant was vacated among others by act of assembly. This Governor Hunter declined to do, on the ground that the queen was already thoroughly well informed in the case, and that it would be improper for him to join in such a petition. He could do nothing more, he said, than to grant it during his term. Another grievance of Mr. Vesey's was that the governor had refitted the old chapel in the fort and given authority to her Majesty's chaplain, the Rev. John Sharp,' to officiate on Sundays for the benefit of the garrison. This Mr. Vesey thought an invasion of his jurisdiction. That, however, of which he made the most account was the course of the governor toward the Eev. Thomas Poyer, incumbent of the church at Jamaica. This was the cause celebre of its time, and not only set the whole province by the ears, but was carried to the Society for the Propaga- 1 In the latter he speaks of the Church as " our they composed together a farce called " Androbo- Holy Mother, in whose communion, ever since I rus," — the man-eater, — a satire of the times, was capable of sober thought, I have lived and by Morris was an able lawyer, and in 1715 was ap- the blessing of God am resolved to die." pointed by Governor Hunter chief justice of th^ 2 Of the famous Morrisania family, the personal province. friend of Governor Hunter. The two first met in 3 Made chaplain October 20, 1704 ; in 1706 he London before Hunter came to America. Their preached the funeral sermon of Lady Cornbury, intimacy was renewed at Morris's fine manor- which was afterward printed in London. A fac- house in Monmouth County, New Jersey. Their simile of the title-page appears in a previous literary tastes were congenial ; among other things chapter. He returned to England in 1717. EOBEBT HUNTER AND SETTLEMENT OF THE PALATINES 135 tion of the Grospel in Foreign Parts, to the Lord Bishop of London, to the law-ofl&cers of the crown, and finally to the queen herself. The difficulty arose from the loose wording of the Settling Act which had been passed in Fletcher's time. In order that it might pass an assembly composed largely of dissenters, this was so drawn as to give the churchwardens and vestry the power of calling a minister, thus practically allowing the dissenters, wherever they were in a majority, as they were in almost every town, the privilege of calling their own minister. In giving them this power, however, Fletcher really caught them with guile, for his secret instructions, as he well knew, forbade the induction of any clergyman to a living unless he had a certificate from the Bishop of London — instructions which in reality gave the livings established under this act to the Church of England. The church at Jamaica had been built by vote of the town, and the min- ister's salary had been raised by an annual tax. The Eev. William Urquhart, the rector inducted by Lord Cornbury, had recently died, and Governor Hunter had inducted the Rev. Mr. Poyer, a missionary of the society, who had the certificate of the Bishop of London as the law directed. A daughter of Mr. Urquhart, however, had married a dissenting minister who was now living in the manse, which he refused to give up, alleging his right to it under the terms of the Settling Act of 1693. On being applied to. Hunter referred the matter to Chief Justice Mompesson, who gave a written opinion that the then occupant could only be dispossessed by due process of law, and that any other course would be a high crime and misdemeanor. Hunter thereupon instructed Mr. Poyer to begin suit in the courts, promising himself to pay the costs, the former being unable to meet them. Mr. Poyer, however, referred the matter to his ecclesiastical superiors at home, and with Messrs. Vesey and Henderson, and at the instigation of the two last, as was charged, signed a " representation," addressed to the Earl of Clarendon, attacking the governor's course in the matter, and circulated it secretly among the clergy for signatures. "When Hunter heard of this he acted promptly and with wisdom. He con- voked the clergy of both provinces, and in a temperate and forcible speech laid the whole matter before them. After hearing this they signed an address in which those who had signed the paper disclaimed any intention of casting reflections upon him, although they were not willing to allow the matter to go to the courts until they should learn the will of the Bishop of London, whom they had addressed.^ His 1 The address is signed by William Vesey of John Sharp, Chaplain to the Port of New-York ; Trinity Church, New- York ; Christian Bridge of Daniel Bondert of New Roohelle ; and Alexander Eye, Westchester County, New-York ; Aeneas Mao- Innes of Shrewsbury, New Jersey ; who were, no kenzie of Staten Island ; John Thomas of Hemp- doubt, all or nearly all of the settled clergymen of stead, Long Island; John Bartow of Westchester, the Church of England in both provinces at that Westchester County, New-York; Henrious Bey s of time. Harlem ; Thomas Poyer of Jamaica, Long Island ; 136 HISTOEY OF NEW-YOEK enemies having appealed to the Bishop of London, Hunter next ad- dressed a manly letter to that prelate, in which, after reciting the facts given above, he gave some instances of his loyalty and good disposi- tion toward the Church, of interest to men of to-day. " I have," he wrote, " by a liberal contribution and all the countenance and influence I could give it, finished Mr. Vesey's steeple. The Ancient Chappell in the Fort {hinc illce lachrymce), for many years past a bear garden, I have at a great expense put in repair, so that it is now one of the most de- cent and most constantly frequented Houses of Prayer in all America. I have by my assistance and interest at last finished the Church at New Rochelle, and granted a Patent for the ground forever, a thing often sought but never obtained during the administration of former gov- ernors. I have now actually in hand subscriptions for the building of more at Rye, Piseataway, Elizabeth- town, &c. ... I have spared no pains to get finished the Forts and Chappells for ye reception of our Missionaries amongst the Indians, and lastly, what ought not to be boasted of by any but such as like me live amongst bad neighbors, I have charitably assisted the indigent of the Clergy." Mr. Poyer's reason for not taking the case into the eoui'ts was that the justices were all dissenters, and he feared that the church would not receive justice at their hands, and in case of an adverse decision ' he could not take an appeal either to the governor and council, or to the queen, the sum in question not being of sufficient amount. A miscarriage of justice here, he feared, would ill affect other churches in the province. The Bishop of London does not seem to have inter- fered, but the Society for the Propagation of the Grospel in Foreign Parts, whose missionary Mr. Poyer was, carried the matter to the crown, and procured an order in council granting the right of appeal to the clergy in all cases. Encouraged by this act, and by the fact that by an election in Jamaica some men favorable to the church were elevated to the bench, Mr. Poyer brought suit for arrears of salary, and for possession of the glebe, and after many vexatious delays secured a mandamus from Chief Justice Morris, directed to the justices of Jamaica, ordering the churchwardens to put Mr. Poyer in posses- 1 For a brief biographical notice of Mr. Jay, see page 90 of tliis volume. Editor. AUGUSTUS JAY.l EOBEKT HUNTEE AND SETTLEMENT OF THE PALATINES 137 sion of his glebe, and to pay over to Mm the salary of sixty pounds a year raised under the Settling Act, as the only duly qualified min- ister under the act. The churchwardens, both dissenters, refused to obey, whereupon they were summarily fined and dismissed from of&ce, others more complaisant being appointed in their stead. The vestry, which was also composed of dissenters, now refused to lay the tax for raising the minister's salary, and on the justices signing warrants for it, and giving it to the constables for collection as the law empowered them, the constables were resisted and a riot ensued. The whole affair illustrates vividly the sectarian rage and bitterness of the times. In the spring of 1711 Grovernor Hunter was called from these eccle- siastical quarrels to a matter of graver importance. The ministry had decided to attempt once more the often-promised attack on the French possessions in Canada, and to redeem the sad failure of two years before. A large fleet, under command of General Hill, was to sail from England, rendezvous at Boston, then, taking the Massachu- setts troops, enter the St. Lawrence and attack Quebec, while an army composed of the colonial forces was to assemble at Albany, march overland, and attack Montreal. Colonel Francis Nicholson, who was then in England, was again placed in command of the colonial troops. Hunter was "one hundred miles up the Hudson River," returning from a conference with the Five Nations, when the express with orders to make ready for the expedition reached him ; and he at once hastened to New- York and began his preparations with vigor, first sending an express back to Albany with directions to detain two sachems of each canton (nation) until further orders. Reaching New- York, he gave instructions for purchasing bread and other necessary stores, ordered the frigate Feversham to Maryland and Virginia for pork, there being none in New- York, and then hurried off to New London in Connecticut, where a congress of colonial governors had been called to concert the plan of the campaign. This over, he hurried back to New- York, having " the Assemblies of the two Provinces to manage," as he afterward wrote ; first despatching Colonel Schuyler to Albany with orders to the sachems above mentioned to bring im- mediately all their fighting men with their arms and canoes to Albany. Time pressed, for at New London they had had news of the arrival of General Hill at Boston. The assembly of New-York met in New- York on July 2, that of New Jersey at Perth Amboy on July 6. The New- York body raised ten thousand pounds and their quota of six hundred men for the expedition, " though they grumbled much at the proposition." New Jersey raised five thousand pounds, and, on the governor's employing "all hands and arts for levy there," two hundred volunteers. Before the end of July he "had the troops 138 HISTORY OF NEW-YORK levyed, clothed, accoutred and victualed, and upon their march for Albany, had ready three hundred and thirty batteaus capable of car- rying each six men with their provisions, and had sent round to Boston a sufficient quantity of bread and a considerable stock of other provisions," and on the 9th of August " went in Company with Lieut.-General Nicholson to Albany." The Iroquois had not then arrived, but shortly came, "a Jolly Crew, eight hundred in num- ber," and were sent after the other troops, who had filed off into the wilderness on their march for Montreal. The little army consisted of Colonel Ingoldesby's regiment of regulars, to complete which the Jersey troops and some three hundred of our old acquaintances the Palatines had been drafted; Colonel Schuyler's regiment of New- York troops. Palatines and Indians; Colonel Whiting's regiment of Connecticut levies; and the Five Nations with their allies— in all twenty-three hundred and ten men. Hunter returned to New- York, and found there despatches from Admiral Walker, commanding the cooperating fleet (which had sailed from Boston on July 28), stating that they were in the mouth of the St. Lawrence on August 14, with a fair wind, and asking for more supplies for fear of being obliged to winter there. The Feversham, and transports having on board a thousand or more barrels of pork, with as much bread, flour, butter, peas, rum, and tobacco as they could carry, were in the harbor and were ordered to sail for Quebec the first wind that offered. " This, sir, is the present state of this glorious enterprise, which God prosper," Governor Hunter wrote Sec^ retary St. John, on September 12. A few days later he received a despatch from General Hill, dated "on board Her Majesty's ship Wind- sor at the Eiver of St. Lawrence, August 25th, 1711," informing him that, in a heavy fog on the night of the 22d, the fleet had fallen in with the north shore and had lost eight of the transports with one thousand men, besides a ship laden with provisions, and that the admirals and captains had decided that the ascent of the river was wholly impracticable, owing to the ignorance of the pilots who had been taken on board at Boston. The expedition had therefore been abandoned, and he asked Hunter to send an express to General Nicholson with the news, leaving it optional with him to go forward or return, as he judged best for the service. The fleet soon sailed, and returned ingloriously to England, reaching Portsmouth on Octo- ber 9, where it met with another misfortune, the seventy-gun ship Edgar being blown up, with the loss of four hundred men. Nich- olson, who had not gone far, was recalled, thus closing this most abortive campaign. It had plunged the colonies heavily into debt, but its worst result was the loss of confidence and respect, both on the part of the colony and of its allies the Indians and Palatines. EOBEET HUNTEE AND SETTLEMENT OF THE PALATINES 139 The council and the assembly (at the desire of Hunter, no doubt) joined in a petition to the ministry to make a second attempt, but the war from this time forward was prosecuted in a lax manner, and two years later, in 1713, was terminated by the Peace of Utrecht. While the war was in progress a conspiracy of negro slaves threw the city of New -York into an agony of excitement and apprehension. The importation of African slaves, as has been narrated, was begun by the West India Company in the infancy of the colony, and had been very industriously continued by England. It was a lucrative and recognized branch of trade ; during the present administration a mart for the purchase and sale of this commodity had been established in Wall street. No -gentleman's establishment was considered complete without its complement of three to fifteen slaves. Of the aristocracy of New -York in 1704, Widow Van Cortlandt owned nine slaves ; Col- onel De Peyster, the same; Rip Van Dam, six; the widow of Frederick Philipse, whose household comprised only herself and child, seven ; Balthazar Bayard, six ; Mrs. Stuyvesant, five ; Captain Morris, seven ; while William Smith, of the Manor of St. Greorge, had twelve. They were as a rule rude, stupid barbarians, with little intelligence except a certain brute cunning. The war, however, had introduced among them a class called " Spanish Indians," who were without doubt what they claimed to be, — white men, subjects of the King of Spain, — but who, having been captured by privateers on Spanish ships, had been cruelly sold into slavery by their captors, their swarthy complexions giving color to the claim that they were West Indian negroes. These added a dangerous element of intelligence to the situation. In April, 1712, a number of the slaves, having been badly treated by their mas- ters, laid a plot to revenge themselves and gratify their lust by mur- dering aU the white males and then capturing the city. This was not to ignorant minds a hopeless scheme, since of the five thousand eight hundred and forty souls then composing the population of New -York fully one fourth were negro slaves and Indians. On April 6, At mid- night, the conspirators, to the number of twenty-three, armed with swords, guns, knives, and hatchets, met in the orchard of a Mr. Crooks, "in the middle of the town" — according to Grovernor Hunter, whose account we follow. By agreement " one Cuffee, a negro slave to one Vantilburgh," set fire to his master's outhouse, and then joining his fallows, the whole party hastened to the fire, and as the citizens hurried to the scene fired upon them, killing several. The report of the mus- kets alarmed the town, and those that escaped soon published the fact that the slaves were under arms, which deterred others from hastening to the spot and frustrated the object of the conspirators — a surprise. Had they used swords, knives, and hatchets instead, the result might have been different. Grovernor Hunter in this emergency acted with 140 HISTOEY OP NEW-YOBK great promptness and wisdom. He ordered a detachment of the sol- diers in the fort to march to the scene, but at the first roll of the drums the assassins fled into the forests that then overhung the town. Next morning at daybreak he placed sentries at all avenues of escape from the island, and called out the militia to beat the woods. By this means, and by a strict search throughout the town, he captured all of the conspirators except six, who committed suicide rather than endure the penalty of the law. The others were brought before a special court, instituted by act of assembly for the trial of such cases. " In that Court," wrote Governor Hunter, "were twenty-seven condemned, whereof twenty-one were executed : some were burnt, others hanged, one broke on the wheel, and one hung alive in chains in the town, so that there has been the most exemplary punishment inflicted that could be thought of." These prompt measures seem to have thor- oughly overawed the malcontents, for we hear no more of slave insurrections until thirty years later. Meanwhile the Palatines were proving a thorn in the flesh to the worthy governor. In truth their condition at this time was pitiable. We left them in the spring of 1711, as they were about going into the woods to manufacture naval stores for the queen, in payment of their debt. But they soon found that, although they might work at this calling far beyond the natural term of man's life, they could not dis- charge their debt ; and, as they were not to receive the grant of forty acres of land until the debt was paid, that they had sold themselves into virtual slavery. It has since been demonstrated that naval stores cannot be produced at a profit from the northern pine. In the case of the Palatines they were forced to pay in addition the salaries of a little army of overseers, commissaries, clerks, etc.^ They were cheated too in the quality and quantity of the provisions furnished them.^ That which rendered them most discontented, however, was the being kept from the lands on the Schoharie which had been promised them, and which' had been described to them by certain mischief-makers as fertile and desirable beyond belief. Under these circumstances it is not surprising that the people became listless and disobedient, and that, on one occasion at least, Governor Hunter was called to the manor to quell a mutiny of the more turbulent spirits, and was at length forced to deprive them of the arms which had been given them. Their 1 There is a list of these in Doc. Hist., 3: 561, week." George Clarke was treasurer and com- viz. : " Robt. Lurting, Dept. Commissary, salary missary of provisions, with no salary as given ; £100 per annum. James Du Pr6, Com's'y of Joshua Koeherthal, minister, with no stated salary. Stores, £250 pounds per year. Two under Com. of 2 " I never saw salted meat so poor nor packed Stores, £60 pounds each. John Arnoldi, 'Phisi- with so much salt as this pork was. In truth tian-General,' £100. Two Overseers, £50 each; almost one eighth of it was salt. . .AhaiTel(of two Surgeons, £20 each. Two Clerks or School- flour) tared 17 lbs., . . . emptied and well shaken, masters, £10 each. Six Captains, £15 each. Six weighed 21 lbs. tare." Jean Cast to Governor Lieutenants, £12 each. Two Messengers, £10 Hunter, May 1, 1711. each. Pour Nurses for the hospital, 2s. 6d. per ROBERT HXTNTEE AND SETTLEMENT OF THE PALATINES 141 later history under Grovernor Hunter, and their grievances, are very succinctly stated in a memorial of 1720 to the crown, unsigned, but probably drawn from data furnished by Pastor Kocherthal, who, leav- ing his church at Newburgh, had cast in his lot with the larger com- pany.' These grievances were, in brief : before they left England they were promised five pounds in money per head, which had never been given them; also clothes, tools, seeds, etc., of which they had received but very little ; moreover, a grant of forty acres of land, but it was never performed. The captains of their six companies had each been promised fifteen pounds per annum, but not one farthing had hitherto been paid them. Their children had been taken from them without their consent, and bound out until they were twenty-one, thus depriv- ing the parents of their company and support. The lands given them on Livingston Manor were ordinary and almost barren, unsuit- able for raising corn and cattle, or for producing naval stores ; the lands promised them in Schoharie were denied them by the governor because he would have to maintain too many garrisons. They were ordered to detach three hundred able men for the expedition to Canada, and did so; but that although those men had been put on the establishment of New -York or New Jersey or both, they received no pay, and on returning home found their families almost starved, no provisions having been furnished them. The following winter they were detached to the aid of the garrison at Albany, for which service they received no pay. That in the second year of their abode on the Hudson, in the autumn, they received notice from the governor that he could no longer subsist them, and that they must shift for them- selves but not to leave the province. Wherefore, winter being near at hand and no provisions to be had, they were under necessity of seek- ing relief from the Indians, which was cheerfully granted them, and permission given them to settle on the latter'slandat Schoharie, which the Indians said they had formerly granted to Queen Anne for that purpose, and for that purpose only. Griven heart by this permission, the people fell to work, and in fif- teen days cleared a road from Schenectady through the woods, fifteen 1 This good man died in 1719, it is said, from end was with Col. Hunter, 1710, June the 14th. the fatigues incident to a third voyage to England, His voyage to England brought forth his heavenly whither he went to lay the wrongs of his people voyage on St. John's Day, 1719." before the king. His tomb is stiU to be seen in In a letter to the Editor, the pastor of the West Camp, in the present town of Saugerties — Lutheran Church at West Camp, N. Y., writes: a sort of vault in a field near the Hudson, covered "The stone referred to is in an old graveyard with a large flat stone on which was inscribed, in here, located between West Camp Church and the German, this mystical epitaph : river. It is the first burying-ground of the Pala- " Wise Wanderer under this stone rests near his tines. We are considering the matter of bringing Sybilla Charlotte [his wife]. Atrue Wanderer, the up the Rev. Joshua Kocherthal's stone (which is Joshua of the High Dutch in North America and a large slab lying on the grave) and giving it a the same in the East and West Hudson's River, place in our church-building, to which care and Poor Lutheran Preacher, Ms first arrival was with attention it is certainly entitled." Editor. Lord Lovelace, 1707-8, January the 1st ; his sec- 142 HISTOKY OF NEW-YOEK miles long, " with utmost toil and labor, though almost starved and without bread"; whereupon fifty families followed the toilsome way to Schoharie, but when almost settled there received orders from the governor not to go upon that land under penalty of being declared rebels. Necessity, however, com- pelled them to hazard the governor's resentment by continuing their clear- ings, and in March the remainder of the people, relinquishing the im- provements made on the Hudson, journeyed in sledges for two weeks over the deep snows, enduring great suffering from cold and hunger, and joined their friends and countrymen in the promised land of Schoharie ; whereupon "some of the people of Albany " tried to purchase the land i'" '"^U ■«i.#^ 'llf«.'^»"'W ^bout them of the Indians, so as ^j^jr^\, jTfc'vJ «t YWt*^ ^ ^^ ^^^^® them in, and deprive them v9^ -^ ,\g ^ * '^Sk'M ' ' ^^ ^^y range for their cattle. The emigrants, however, who seem to have had the sympathies of the Indian chiefs, prevailed upon the latter to sell them the rest of the land at Schoharie, "being woods, rocks, and pasturage," for three hundred pieces of eight. Grovernor Hunter, as soon as he heard of this, sent one Adam Vroman to persuade the Indians to break their agreement, but without success. For a year the " miserys endured by these poor creatures were almost incredible, and had it not been for the charity of the Indians, who showed them where to gather edible roots and herbs, they must inevitably have perished." At the expiration of that time, when the improvements of the people were beginning to make the lands valuable, " several gentlemen of Albany " came to them, and said they had bought that land of Grov- ernor Hunter, and if they continued there it must be as tenants at a rental which the people deemed impossible to pay. These gentlemen next sought to induce the Indians (for money or rum) to put them in possession of the land and declare them the rightful owners, but with- out avail. In the year 1717 Governor Hunter came to Albany, and ordered three men from every Palatine village to come before him there, particularly Captain John Conrad Weiser (the leader among them), and on their appearing before him said he would hang Captain Weiser, and then asked three questions — why they had gone to Scho- FEE YEB NBEN HO GA RON, EMPEEOE OF THE SIX NATIONS. EOBEET HUNTEE Am) SETTLEMENT OF THE PALATINES 143 harie without his orders ; why they would not agree with the gentle- men of Albany ; and why they were so much with the Indians 1 To the first query they answered that he had told them they must shift for themselves, and that the direst necessity had forced them to re- move thither to get bread for their wives and famihes. In reply to the second question, they said that the land was so little, and wages so bad, that they were quite unable to pay the extravagant rental de- manded by the gentlemen, and that it seemed unjust, because they had already been granted the lands by the Indians, and had made great and expensive improvements on them. To the third question they replied that their only salvation from the French and Canada Indians was to keep on fair terms with the Iro- quois. Grovernor Hunter then told them that he had sold their lands to the gentlemen of Albany for fif- teen hundred pistoles, and that such of them as would not agree with them or turn tenants should be ejected; and he ordered two lists made — one of those who would agree, and another of those who would not. He further told them that he expected orders soon from England to transplant them to an- other place; and on their represent- ing the hardship of being forced from the lands their labor had im- proved, he promised to send twelve men to appraise the latter, but this was never done. The next winter they sent three men to the governor at New-York to ask him to grant them liberty to plow the lands at Schoharie, but he answered, " What is said is said," meaning that the command not to plow the land given at Albany was still in force; but their necessity grew so great that they were forced to sow the lands. Upon this, the gentlemen seized a Palatine woman and one man as they visited Albany, and threw them into prison, and would not release the latter iintil he had given one hundred crowns as security. The governor sent word that all the Germans should take the oath of allegiance, and pay eight shillings per head, which they agreed to, " in hopes of a settlement" ; but up to the date of the memo- rial (1720) this promise, like all the others which had been " formerly made unto them, was in vain." ECON OH KOAN, KING OF THE EIVBB NATION. 144 HISTOBY OF NEW-YOBK The above is a clear, connected account, from the Palatine stand- point, of the treatment of this people up to the close of Governor Hunter's administration. The point of view of Governor Hunter was of course entirely different. To him they were a band of obstinate, refractory rogues, who, after being transported and subsisted by the unexampled goodness of the queen, refused to discharge their just debts to her, and repudiated their most solemn obligations ; on whose account he had drawn heavily upon his private purse, with very little prospect of being recompensed either by the Palatines or the home gov- ernment; and who had caused him more fatiguing journeys and per- sonal care and attention than any other element in his government. It must be confessed that there were among the emigrants lazy "ne'er-do- weels" and vicious and obstinate per- -sons who abused the confidence of the good queen; but it is pretty cer- tain that had the people been rightly treated, there would have been little or no trouble with them. Hunter's great mistake lay in not placing them at first on the lands which had been promised them — a course he would have followed, no doubt, but for the influence of Livingston and the Albany syndicate: then at least they could have had no just cause of complaint. Turning to more local affairs, we find an encouraging rate of progress during Governor Hunter's administration. Jacobus Van Cortlandt^ was appointed mayor in 1710; Colonel Caleb Heathcote" succeeded him in 1711, and proved an efficient officer. Broadway was graded during his term from Maiden Lane to the Common, and two rows of HO NEE TEATH TAN NO EON, KINS OF THE GENERECHGARIOH. 1 Jacobus Van Cortlandt was the second son of Oloff Stevenson, and a brother of Mayor Stephen Van Cortlandt (see note at end of Chapter I, p. 51). He was born in 1668, and married Eva PhUipse, daughter of the great landed proprietor I'rederick Philipse. Through her part of the Yonkers estate became Van Cortlandt property. His son Freder- ick, who Inherited the Westchester lands, married the daughter of Augustus Jay ; and his daughter Mary married Peter Jay, the son of Augustus, and the father of the famous patriot John Jay. Mayor Van Cortlandt died in 1739. The city during his incumbency numbered 5500 souls. 2 Besides his occupancy of the mayoralty, Caleb Heathcote was so prominent in the affairs of the city and province that his name has frequently occurred in the pages of this work. He came to America as a young man under rather romantic circumstances, having been disappointed in love, the lady to whom he was engaged marrying his elder brother. He was the son of the Mayor of Chester, England, a man of considerable wealth. The foundation for the fortune he himself accu- mulated in this country was laid by his uncle, George Heathcote, who settled in New-York in 1674 or 1675, and engaged in trade. His residence EOBEET HUNTER AND SETTLEMENT OF THE PALATINES 145 sliade-trees planted on the improved section, as had been done on the lower portion of the street. The total income of the city for 1710 was £294 7s. 6d., derived from rents,— ferry, dock, swamp, etc.,— H- censes, freedoms, the pound, fines and forfeitures, gangers, packers and cullers, and leases ; the total expenditure was £277 Is. A new ferry to Staten Island was established in 1713, with the following table of rates : " If a man hiereth a boate to New- York 06s. Od. Ofr. and for a quarter of dead beaf 00 6 for a hors and man to New- York OG for a bucket of wheat to N. Y 00 1 i and for a firkin of butter 00 4 2 and for a sheep 00 4 2 for a single person 00 9 to long island a hors and man 03 If the boate goes with a single man 01 6 0." The census of New-York was taken June 5, 1712, and showed 4848 white people in the city and 970 blacks. That the spirit of invention was abroad is shown by the petition of John Marsh setting forth that he had invented a way to dress hemp and flax by mill, and asking for himself and assigns a patent for the same for fifteen years. In August, 1712, the governor received from Queen Anne a curious gift — the pictures of the four Indian chiefs who had been taken to England by Colonel Schuyler in 1709, where they had been much feted and caressed, haAdng had, among other marks of attention, their pictures taken. Twelve of these in frames. SA GA YEATH QUA PIETH TON, KING OF THE MAQUAS. was on the present Pearl street, north side, the present Pine street running through his lot or garden. Caleb came over in 1692, and entered into partnership with him. At his death he left the bulk of his wealth to his nephew. The change of scene and success in business evidently cured Caleb Heathoote of his disappointment in love, for he married the daughter of Mr. William Smith, of Long Island, usually known as "Tangier" Smith, as he had been Governor of Tangier, to distinguish him from the William Smith who was attorney-general of the province, the father of William Smith the historian and later chief jus- VOL. II.— 10. tioe of Canada. Soon after his arrival in New- York he was appointed a member of the gover- nor's council ; he was collector of the port while Lord Lovelace was governor ; and by Hunter he was placed in the mayoralty. On retiring from business, Heathcote went to live at his country- seat in Westchester County, near Mamaroneck. The place was known as Heathcote Hall. The ter- ritory he possessed extended about eighteen mOes back from the Sound. He died ia 1721, leaving two sons and four daughters; one of the latter married James De Lancey, the Meutenant-gov- emor and chief justice. Editor. 146 HISTORY OF NEW- YORK C T and one hundred and ninety-two without, had been sent over by her Majesty's command, to be distributed among the various colonies.^ It was during this period that the American tree-toad, mosquito, and lobster were introduced to the Eng- hsh public. Mrs. James Grant, in her "Memoirs of an American Lady," writ- ten later, describing the melody of nature's orchestra at eventide, speaks of the songs as being " now and then mingled with the animated and not unpleasing cry of the tree-frog, a creature of that species, but of a light, slender form almost transparent and of a lively green; it is dry to the touch, and has not the dark moisture of its aquatic relations. In short it is a pretty lively creature with a sin- gular and cheerful note." A letter- writer of 1710 gives an amusing account of the mosquito, which he 1 They were ordered to lie distributed as follows: "The 12 in frames, of each: 1 to N. York ? ^^ ^g placed in the Council Chamber 1 to Boston 5 1 to the 5 Nations to he placed in ye Onondaga Castle where the 5 Nations meet " Without frames, of each : 8 for N. York 4 to Jersey 8 to Boston i to N. Hampshire 4 to Connecticut 4 to Rhode Island 4 to Pennsylvania if they give money. 1 to each of ye 5 Nations and ye River Indians 1 to ye 4 Indians who went to England 1 to the Gov of Maryland ( ^^ ^^ ^^^ ^^ ^ ^^^ p^^^il to he disposed among ye Council and Assembly as ye Govts, think fit 1 to the Gov of Virginia "New-York, Aug. ye 8, 1712." The portraits of the four visiting Indians (one of the number conducted by Colonel Schuyler having died) were painted, by order of the queen, by a celebrated Dutch portrait-painter, John Ver- elst (contracted from Van der Blst, or possibly Van der Heist, which was the name of the world- renowned portrait-painter of Rembrandt's time), who had resided many years in London. The visit of the Indians had created such a great sen- sation at the capital and throughout the kingdom, that the artist found it necessary to guard against unlunited reproductions of his work. In the ' ' Tatler " for May 16, 1710, Verelst notified the pub- lic that no permission would be granted to make a sketch or copy, unless it were done by a skilful engraver or draftsman, and the fact be pubhshed in the "Tatler." In the "Tatler" of November 14, 1710, accordingly, there appeared an adver- tisement as follows : "This is to give notice that the mezzotinto prints by John Simmonds, in whole lengths, of the four Indian Kings, that are done from the original pictures drawn by John Verelst, which her Majesty has at her palace at Kensing- ton, are now to be delivered to subscribers, and sold at the Rainbow and Dove in the Strand." But other hands could not be restrained from making copies of pictures that were so greatly in demand: none of the others, however, were recog- nized or authorized by the painter. It was the Simmonds mezzotint prints that were sent in such generous numbers to the "plantations" in America. A set of proof impressions is in the possession of Mrs. John Carter-Brown, and the illustrations in the text are derived from these. Another set is included among the collection of the American Antiquarian Society. The originals by Verelst are still preserved in the British Museum. Editor. KOBEBT HUNTER AND SETTLEMENT OF THE PALATINES 147 terms an " animalculse that follows the hay which is made in the salt meadows or comes home with the cows in the evening," and which could terribly disfigm-e a person's face in a single night. The same writer also informs us that lobsters were unknown in the waters about New- York until the wreck at Hell Grate of a "well-boat," in which they were brought alive from New England, where they were plentiful. The lobsters that formed her cargo escaped alive into the sea, and multiplied to such an extent that they became abundant. An event of the fall of 1711 was the receipt of an act of parliament establishing a general post-office for all her Majesty's dominions, and for setting a weekly sum out of the revenue for the service of the war. The social life of the town during the early years of Grovernor Hun- ter's term was courtly and even brilliant in character, and with the governor's literary labors did much to soften the animosities and aus- terities of the time. Both the governor and his wife were genial and hospitable in temperament, and well fitted to shine in social life. In addition to his town establishment, Governor Hunter maintained a country-house at Amboy in New Jersey. He also purchased Mattene- cunk Island in the Delaware near Burlington, and, as appears from let- ters of prominent citizens of Burlington in regard to a house and furniture there, set up an establishment at Burlington on the occasion of meeting the New Jersey assembly in that town. Dueling was then of course the order of the day among gentlemen of honor. A duel occurred in New- York shortly after the excitement over the negro plot had died away, in 1713, which deserves attention. It was fought between Dr. John Livingston and Thomas Dongan, the nephew and namesake of the former colonial governor, who was now Earl of Lim- erick. Dr. Livingston was killed, and it appears that even at that early day, a hundred years before the Hamilton-Burr duel, which is usually looked upon as having given the death-blow to the practice in this State, there was a sufficiently strong sentiment against dueling in this city to procure not only the trial of Dongan, but even his convic- tion for manslaughter. All the national festivals, such as birthdays of members of the royal family and anniversaries of great events in English history, were celebrated scrupulously and with great eclat On August 2, 1714, Queen Anne died, and Q-eorge, Elector of Han- over, was proclaimed king as Greorge I. The news seems to have reached New- York on October 7, as on that day the council met and appointed "Monday next" for proclaiming "King Greorge in this city in the most solemn manner as hath formerly been done on such occasions." The appointed day was celebrated by a parade of the militia, the firing of cannon, addresses from the governor and other prominent gentlemen, and by bonfires and a general illumina- tion in the evening. The name of Fort Anne was changed to Fort 148 HISTORY OF NEW-YOEK Greorge, and tlie next February a general thanksgiving was proclaimed "for his Majesty's accession to the throne of Great Britain." In the summer of 1716 occurred the sad death of Lady Hunter, and from this time until his retirement in 1719 her husband was a changed man. She was a lady of superior beauty, intelligence, and education, and was almost idolized by her husband; to her death no doubt are to be attrib- uted his failure of health and final retirement from his post. So well had Governor Hunter borne himself that the spring elections of 1715 resulted in an assembly much more favorably disposed to the gov- ernment. Up to this date the governor had received no salary, the voting of a revenue having been refused on one pretext and another ; in this assembly, however, his services, privations, and embarrassments were so vividly pictured by his friends, particularly by Lewis Morris, that the revenue was voted, and the governor's position made more tolerable. Chief Justice Mompesson died in June of this year, and Hunter appointed Lewis Morris to fill the vacancy — a good appoint- ment, although it elicited much adverse criticism from the opposition, with whom Morris was anything but popular.^ There were also changes in the councils of the two provinces this year. George Clarke, Secretary of New-Tork, was appointed to fill the vacancy in the council of New- York caused by Mompesson's death, and David Jamison, Chief Justice of New Jersey, to fill his place in the council of that province; and on the death of Dr. Samuel Staats, which soon occurred, Jamison was ap- pointed to fill his place in the council of New-York. Augustine Gra- ham, John Johnston- (the newly appointed mayor), Stephen De Laneey, Robert Lurting, and Robert "Watts were also nominated for councilors — an increase recommended in order that a quorum might always be present. Two immigrants of note came to the young city in 1716 — William Smith from Buck- inghamshire, England, the father of William Smith the historian of New-York, and James Alexander of Scotland, who by his marriage with a New- York lady, Mrs. Samuel Provoost, became the father of William, Lord Stirling, a prominent figure in the subsequent events of the Revolution. Alexander was a lawyer of talent and a fine mathematician, and Hunter, soon discover- ing his abihty, made him first surveyor-general of New Jersey, and later attorney-general of New- York. Within a few years he rose to be one of the leading spirits of the colony, but in the midst of his political duties he found time to continue his scientific studies, and 1 Chief Justice Morris, as has been stated, was 2 John Johnston was mayor from 1713 to 1720. highly esteemed by the governor, being of similar Very little is known about him except that he was intellectual tastes, and endowed with brilliant ca- a merchant, owning vessels that went upon for. pacities. As an evidence of their friendship, Morris eign trade. He was made a member of the royal named one of his sons Robert Hunter, who figures council in 1718. The city's population reached in later colonial history as chief justice of New about 6500 in his day. Editor. Jersey and governor of Pennsylvania. Editor. EGBERT HUNTER AJSfD SETTLEMENT OP THE PALATINES 149 with Dr. Franklin and others founded the American Philosophical Society. His son William, falUng under the eye of Shirley in the French and Indian wars, was made aide and private secretary to the latter, and accompanied him to England, where, by the death of the Earl of Stirling, being next in the line of succession, he fell heir to that earldom. The Presbyterians in the city had grown so rapidly during Hunter's term that, in 1718, they purchased land in "Stoutten- burgh's garden,"^ and the next year erected a church upon it and opened a cemetery beside the building. The first minister was the Rev. James Anderson. This church had an interesting history from its repeated efforts to obtain a charter, which, however, properly belongs to succeeding chapters. In the spring of 1719 Grovernor Hunter decided to return to Eng- land. His health had become greatly impaired. His wife had an inheritance there which he desired to secure for his five children; he had also large bills against the British treasury for subsisting the Palatines, which he hoped to recover. He made his preparations secretly, lest the knowledge of his intended departure might give rise to intrigues. On June 24, 1719, he called the assembly together and, after transacting some necessary business, thus addressed them: "G-entlemen, I have sent for you that you may be witness to my assent to the Acts passed by the Gleneral Assembly in this session. . . . I take this opportunity also to acquaint you, that my uncertain state of health, the care of my little family, and my private affairs on the other side have at last determined me to make use of that license of absence which was some time ago graciously granted me, but with a firm resolution to return again to you if it is his Majesty's pleasure that I should do so : but if that proves otherwise, I assure you that whilst I live I shall be watchful and industrious to promote the inter- est and welfare of this country, of which I think I am under the strongest obligation for the future to account myself a countryman. I look with pleasure upon the present quiet and prosperous state of the people here, whilst I remember the condition in which I found them upon my arrival. As the very name of party or faction seems to be forgotten, may it ever lie buried in oblivion, and no more strife ever happen amongst you, but that laudable emulation who shall prove himself the most zealous servant and dutiful subject of the best of princes, and most useful member of a well-established and flourish- ing community, of which you gentlemen have given a happy ex- ample." To which Robert Livingston, speaker of the assembly, 1 On Wall street between the present Nassau eighty feet and ahout sixty feet in breadth," was street and Broadway. This first Presbyterian erected on the same site. This stood until 1844. church stood until 1748, when, the congregation The lot, in 1766, was eighty-eight feet wide, front having greatly increased under the labors of Rev. and rear, and one hundred and twenty feet deep, Ebenezer Pemberton, the second minister, it was English measure, torn down and a second edifice "of stone, in length 150 HISTORY OF NEW-YOEK replied: "Sir, Wlien we reflect upon your past conduct, your just, mild, and tender administration, it heightens the concern we have for your departure, and makes our grief such as words cannot truly espress. You have governed well and wisely, like a prudent magis- trate, like an affectionate parent; and wherever you go, and whatever station the Divine Providence shall please to assign you, our sincere desire and prayers for the happiness of you and yours shall always attend you. We have seen many governors, and may see more ; and as none of those who had the honor to serve in your station were ever so justly fixed in the affections of the governed, so those to come will acquire no mean reputation when it can be said of them that their conduct has been like yours. We thankfully accept the honor you do us in calling yourself our countryman. Give us leave then to desire that you will not forget this as your country and, if you can, make haste to return to it. But if the service of our sovereign will not admit of what we so earnestly desire, and his commands deny us that happiness, permit us to address you as our friend, and give us your assistance when we are oppressed with an administration the reverse of yoiirs."^ The cai'eer of Governor Hunter after retiring from New- York was comparatively uneventful. After spending some time in England, engaged with his private affairs, he was appointed governor of Jamaica, and died there. May 11, 1734. THE "SPECTATOE" ON THE VISIT OF THE INDIANS. It is interesting to note what a sensation was everywhere produced in England by the appearance of these remarkable strangers. Although they were only chiefs, and perhaps not even that, the people soon called them kings, and one of them was in- vested with the title of emperor, in the popular estimation. Even " the wits of Queen Anne's time " were infected by the universal enthusiasm, and were stimulated to exer- cise their talents by the visit. On Friday, April 27, 1711, appeared No. 50 of the famous " Spectator," now a classic in English literature. The signature C. (one of the letters of " Clio," by means of which his contributions can be identified) shows that this essay was from no less a pen than Addison's. He begins thus : " When the four Indian Kings ^ were in this country about a twelvemonth ago, I often mixed with the rabble, and followed them a whole day together, being wonderfully struck with the sight of everything that is new or uncommon. I have since their departure employed a friend to make many inquiries of their landlord the upholsterer, relating to their manners and conversation, as also concerning the remarks which they made in tllis country; for, next to the forming a right notion of such strangers, I should be desirous of learning what ideas they have conceived of us." Dean Swift, in a letter dated April 28, 1711, remarks: "Yesterday the 'Spectator' was made up of a noble hint I gave him about an Indian King supposed to write his travels into England. I repent he ever had it. I intended to have written a book on that subject." Editor. iWilUam Smith, History of New-York (ed. 1830), 1: 234-236. 2 One of the natives died on the way over, or shortly after their arrival in England. VIEW OF NBW-TOKK IK GOVERNOR BURNET'S TIME. CHAPTER V THE ADMINISTBATION OF WILLIAM BUENET 1720-1728 F the people of New- York had ever been accTistomed to be consulted in the selection of their chief magistrates, it would have provoked them to learn that the proud posi- tion of governor of their great province was largely a matter of private barter and arrangement between individuals. Grovernor Hunter was suffering the tortures of sciatica, and de- spaired of improving in America/ "William Burnet had been light- ened in purse by his ventures in the South Sea scheme,^ and wished to replenish his fortunes. The two were warm personal friends. So Hunter agreed to exchange his office of governor for Burnet's less lucrative but more convenient position of comptroller-general of the customs in Grreat Britain, with a salary of £1,200 per year.^ Both had sufficient influence at court to secure the ratification of their bargain by the king, and presto! it was done. As an impartial his- torian remarks : "It unfortunately happened for our American prov- inces at the time we now treat of, that a government in any of our colonies in those parts was scarcely looked upon in any other light 1 " I have no hope of Base on this Side, having try'd all remedys, Christian and Pagan, Palenical, Chymieal and Whimsical, to no purpose. Aix-la- Chappelle is all my present Comfort." Hunter to Secretary Popple, New Jersey Archives, 4 : 387. 2 Wynne's "British Empire" (London, 1770), 1 : 181 ; " History of the United States, " by James Grahame (Boston, 1845), 3: 99; Smith's "Histoiy of New- York " (London, 1776), p. 201. 3 Smith's "History New -York," p. 201; Doug- lass's " Summary " (London, 1755), 1 : 480 ; Wynne, 1 : 191. New-York paid her governor £1,200 ster- ling, and New Jersey paid £500 or £600 ; the per- quisites were oonsideraWe in both provinces. 152 HI8T0EY OF NEW-YOEK than that of an hospital, where the favorites of the ministry might he till they had recovered their broken fortunes ; and oftentimes they served as asylums from their creditors." ^ But it is not too much to say that no American colony had as yet been favored with so excel- lent an appointment as this of William Burnet to be "Captain Gen- eral and Governor in Chief of the Provinces of New- York, New Jersey and Territories thereon depending in America, and Vice Ad- miral of the same." The people were favorably disposed toward him, for it was only five years since the decease of his father, the eminent Gilbert Burnet, Bishop of Salisbury from 1689 to 1715, and they still cherished warmly the mem- ory of the distinguished prelate and states- man who had been so influential in seat- ing William and Mary on the throne of England, and thereby securing to Great Britain a succession of Protestant rulers. The new governor was himself named after the great Prince of Orange, having been born at The Hague in March, 1688, his namesake being the sponsor at his baptism.^ His early education was su- pervised by his father and the celebrated philosopher, Sir Isaac Newton, and he also had the advantage of meeting, both at home and abroad, the most eminent men of learning and the prin- cipal statesmen and courtiers of the age, and still he confessed that he was nearly twenty years old before his father discovered any promise of intellectual development in him.'^ Although but thirty- two years of age, the young governor was a widower, with a bright little boy of five or six years, named Gilbert, whom he brought with him to America.*' The king made the appointment April 19, 1720 ; the instructions were prepared May 4, and submitted to the king May 31 ; ' and after various delays Burnet sailed from Portsmouth about July 10, arriving at New- York on September 16. His commis- sion was published the next day, with the usual popular demonstra- tions." He speedily discovered that the party which had always opposed Governor Hunter had made headway in the interregnum, 1 Wynne, 1 : 191. 2 "New-York Genealogical and BiograpMcal Record," 6 : 6. 3 Whitehead's "Perth Amhoy," p. 156. i "New England Historical Genealogical Regis- ter," 5: 49; N. J. Archives, 5: 261. His first wife was a daughter of the Rev. Dr. George Stan- hope, Dean of Canterbury. "Heraldic Journal," April, 1866, p. 61. 6 Dr. Colden, forty years later, told a curious story ahout a clerk of the Board of Trade inter- polating a word in the instructions. ( ' ' New-York Historical Society Collections," 1876, pp. 133, 136, 203; "Documents relating to Colonial History of New-Yorlj," 5 : 476, 499). But the story was incor- rect. Doc. rel. Col. Hist. N. Y., 5 : 485. 6 Doc. rel. Col. Hist. N. Y., 5: 536-8, 572, 573; N. J. Archives, 5:3; H: 52-4. THE ADMINI8TEATI0N OF WILLIAM BUENET 153 and as a shrewd stroke of policy he decided to summon the old assembly again, instead of ordering a new election. This course was contrary to the custom in such cases, and George Clarke, the sec- retary of the province, at the same time deputy auditor for Horace Walpole, advised against it.^ However, his course seemed to be vin- dicated, for when the legislature met in the old Fort George at the Battery on October 13, 1720, he addressed them in a speech admkable in tone, and they promptly responded with an appropriation for " an ample and honorable support for His Majesty's Government for five years," and promised " to make up any deficiencies that by unforeseen accidents might happen to it," and they added this handsome com- pliment : " We believe that the son of that worthy Prelate, so Emi- nently Instrumental under our glorious Monarch, William the third, in delivering us from Arbitrary Power, and its concomitants Popery, Superstition and Slavery, has been Educated in and possesses those Principles that so Justly recommended his Father to the Councils and Confidence of Protestant Princes and succeeds our former Gov- ernour, not only in Power, but Inclinations to do us good." ^ The governor urged upon the legislature the importance of resist- ing the inroads of the French upon the frontiers, of repairing the forts, and putting the militia in the best condition for service. In response they made an appropriation to enable him to repair the fortifications and build new ones, and to provide the ways and means therefor they passed another act levying a duty of two per cent, on all European goods imported into the province, which, as might have been expected, was disallowed by the king. But the most important measure of the session for far-reaching consequences was an act pro- hibiting the sale of Indian goods to the French.^ For a century and a haK the French had been pushing their religious and commercial influence among the Indians west of Quebec to the Mississippi River, undeterred by any obstacles and allowing nothing to interfere with 1 Doc. rel. Col. Hist. N. Y., 5 : 572, 573, 765 ; ister for so many years. Burnet seems to have N. Y. Hist. Soc. Collections, 1868, p. 207. George relied on the friendsMp of the Duke of Newcastle, Clarke, an English lawyer, had come to New-York a rival of Sir Robert. (Coxe's "Memoires of Sir in July, 1703, with a commission as secretary of EohertWalpole"; Mahon's"Hlstory of England," the province. He was appointed a member of Vol. II.) Thus the internal affairs of the province the council in 1715, and sworn in May 30, 1716. of New-York were closely intertwined with the (Council Minutes, 11 : 352). Horace Walpole hav- intrigues of the ministers at home. When the ing been appointed auditor of the province, in Duke of Newcastle succeeded in driving Walpole 1718 appointed Clarke his deputy (lb., 503), who to France and Carteret to Ireland, and assumed in consequence tried to control the revenues, the the State Office himself, Burnet became judicious- object apparently being merely to exact a tribute ly friendly to Clarke, and helped him to secure of five per cent, commission on all the moneys £2500 commissions on the current revenues of raised. The assembly objected to this, and di- the province and arrears. Doe. rel. Col. Hist, rected the treasurer to account only to the gov- N. Y., 5 : 765. ernor and council and assembly. It is evident 2 Journal Legislative Council, 1 : 451-3. Smith that there was considerable friction between the (p. 202) says that the assembly's address was governor and Clarke from the outset. (Cal. N. Y. dxawn up by Chief Justice Lewis Morris. Hist. MSS., 2 : 464, 475.) Clarke was in constant 3 Journal Legislative Council, as cited; Doc. correspondence with Horace Walpole, brother of rel. Col. Hist. N. Y., 5 : 577, 703. Sir Robert Walpole, England's great prime min- 154 HISTORY OP NEW- YORK their steady purpose of acquiring control over the savages. French traders came regularly to New-York and bought the bulk of the Indian supplies imported from England— strouds' and duffels princi- pally—and carried them to Quebec and thence disposed of them to the Indians, who had been accustomed for generations to look upon Quebec as the principal mart for such goods. In this way the French ascendancy over the Indians was greatly and continually extended. Governor Burnet, with a far-seeing eye, perceived this, and, having the glory of England in view, secured the passage of this act by the legislature, whereby it was absolutely forbidden to sell any such goods to the French upon any terms, under a penalty of the forfeiture of the goods sold and a fine of one hundred pounds. Suspected per- sons could be put upon oath as to whether or not they had violated the law, and compelled to answer under pain of heavy fines or im- prisonment. This was the weak feature of the law, being contrary to all English principles of justice, which did not suffer a man to be forced to criminate himself. There was another aspect of the subject. Under the old system, the trade in Indian goods at New- York was engrossed by a few; by this course he caused it to pass into the hands of many. Furthermore, the Indians became more dependent on the English than formerly. Prior to this it had been usual for nine hun- dred pieces of " strouds " to be carried in one year from Albany to Montreal,^ where they had sold at a little over thirteen pounds a piece. After the act, pieces sold at Albany for ten pounds, while the price at Montreal had gone u.p to twenty-five pounds.^ No wonder the governor was proud of his great success with this first session of the legislature under his administration. He was equally successful in New Jersey, where he secured an act providing a five years' support for his government. In thanking the New Jersey legislature, he said in his frank and manly way: "I can- not but acknowledge in the most particular manner the acts for the chearful and honourable support and for the security of his Majesty's Government in this Province. I cannot but say that I look upon the latter as the noblest of the two ; as I think honour is always more than riches." ' The New- York assembly had been unanimous in supporting the governor, but Peter Schuyler (the president of the council), Adolph Philipse, and five others were strenuous for a new assembly, which, after a hot debate, the governor declined to order, and threatened the exposure of Schuyler and Philipse for having violated the king's in- structions," whereupon Schuyler and four others asked and were given leave to return to their homes. But the governor immediately wrote 1 "Strouds, — a woollen manufacture estabUslied ^Smith's "New Jersey," p. 417. at Stroud, England." Wynne, 1 : 198. 5 President Scliuyler had allowed Philipse to 2 Douglass, 2 : 258. have the custody of the provincial seal. N. Y. 3 Smith's "New Jersey," p. 213. Hist. Soe. Collections, 1868, p. 206. THE ADMINISTEATION OF WILLIAM BURNET 155 to England, urging that Schuyler and Philipse be removed from the council, and asking that Cadwallader Golden and James Alexander be appointed in their stead, which changes were subsequently (1722) made, in accordance with his request.^ He also recommended the appoint- ment of Philip Livingston as secretary for Indian affairs, in the place of his father, Eobert Livingston, who by reason of his advanced years desired to have this change made. Eobert Livingston was speaker of the assembly, and had been of great help in the session just closed, which was another reason why Burnet wished to accede to his request. This also was done." In. Dr. Golden and James Alexander he secured two of the ablest men in the province for supporters of his administration, and at the same time relieved the council of two of the most influential of the disaffected party. The legislature had adjourned tUl March; but when that time came around the governor was otherwise occupied, and he adjourned them again till May 19. How he was engaged appears by a letter of Isaac Bobin under date of March 11, 1721: "There is great talk of His Ex- cellency and Miss Mary Van Home, the eldest daughter of Abraham Van Home;"' and on May 17, he writes that there were "great prepa- rations for the match so much talked of.""* The wedding took place shortly after, and undoubtedly was a brilliant affair. Anna Maria Van Home, the bride, was a beautiful girl of nineteen, having been baptized January 28, 1702. She was the oldest child of Abraham Van Home and Mary Provoost (daughter of David Provoost). Mr. Van Home was one of the wealthiest merchants of New-York, and lived in Wall street, where he had a storehouse and a bolting- and baking-house. He was a representative of the old Dutch stock, and had difficulties with the English language all his life, which, however, troubled others more than himself.^ Notwithstanding this deficiency, his son-in-law recommended him (June 17, 1722) to a seat in the council, in the place of Abraham De Peyster, then incapacitated, and the sturdy old Dutch- man sat there with his ancient friend. Rip Van Dam, until his death in 1741.* This alliance brought the governor into connection with many -^^^t^W- 1 Doe. rel. Col. Hist. N. Y., 5 ; 578, 579, 647. 2 lb., 580, 647. 3 N. Y. Hist. MSS., 2 : 459. «Ib., 460. 5 Doc. rel. Col. Hist. N. Y., 5 : 886. 6 Doc. rel. Col. Hist. N. Y., 6 : 209 ; N. Y. Gen. and Biog. Record, 6 : 6. 156 HISTORY OF NEW-YOEK of the oldest families in the province, and ought to have strengthened his position materially, if he had had the policy to avail himself of the opportunity. But policy, beyond an honest desire to serve the inter- ests intrusted to him, he did not possess. In pursuance of his plan to secure the Indian trade, the governor caused a council to be held at Albany on September 7, 1721, which was more numerously attended by the Indians than any previous as- sembly of the kind in many years.-^ He spent several days among the Indians before the actual council was held, and by his affable and winning manner secured their good will. At the meeting he urged them in the strongest language to break their connections with the French, and to trade only with the English. The wily Indians were non-committal in their reply on that subject, but concluded with this sly hint: "We are informed that your Excellency is Marryed at New- York, We beg leave to acquaint you, that We are glad of it, and wish you much Joy And as a token of our Eejoycing We present a few Beavers to your Lady for Pin Money, And say withall that it is Cus- tomary for a Brother upon his Marryage to invite his Brethren to be Merry and Dance." The governor good-naturedly took the hint and ordered them some barrels of beer, "to be merry withall and dance, which they did according to their Custom and were extreamly well Satisfied."^ The Indians addressed the governor as "Corlaer," giving him the name of Arent Van Corlaer, the first representative of the whites with whom they had treated before ; and as they held him in high esteem, they bestowed the same name as a compliment upon the successive governors of New-York.^ In the meantime the governor had established a trading-station at Tirondequat, on Lake Ontario, in charge of eight gallant young men under the command of Peter Schuyler, Jr., son of the ex-president of the council, and they sold goods to the Indians for half what the French had formerly charged whereby the Enghsh ascendancy was promoted over their Canadian rivals.* The admirable training these young men and their successors and associates received in their hazardous enterprise was of great value to the colonists in after years, when just such experience was needed 1 Doc. rel. Col. Hist. N. Y., 5 : 632. governor of Pennsylvania was called ' ' Onas " the ? "?■' o^°'=!f ^' ^f T . • ^"'''''" ^°'' feather or pen, a translation of William ^Ib., 3:5o8. The Indians called the governors Penn's name. (Council Minutes 12- 368- Doe of the several proviaces by the name given to the rel. Col. Hist. N. Y., 5 : 679.) In 1768 the Indians first of them with whom they had treated. Thus, bestowed upon the governor of New Jersey (Wil- as just noted, Arent Van Corlaer gave a name to liam Franklin) the name " Sagorighweyogsta " all succeeding governors of New-York. The gov- meaning the ' ' Great Arbiter or Doer of Justice' " emor of Maryland was caUedby the Indians "As- in recognition of his and his people's justice in sarigoe," signifying a cutlas, which name was putting to death some persons who had murdered given to Lord Howard in 1684, from the Dutch Indians in that province. (Doc rel Col Hist fo^'tr^'"''^"';" n rS^l- J^.r^'l"^ ^'''''*''' ^- ^-^ * = ^^^-^ 0° *^'^ «"bj^«t «ee Sparks's 12 : 365; Doc. rel. Col. Hist. N. Y., 5 : 670.) (De "Washington," 2: 47, note; "Historical Magazine," Bouwer, a cutter, also a broadsword. Sewel's JEng- December, 1868, p. 316. lish -Dutch Dictionary, Amsterdam, 1691.) The 4 Doc. rel. Col. Hist. N. Y. 5:662 THE ADMINISTRATION OF WILLIAM BUKNET 157 in their dealings with the hostile French Indians/ Burnet persuaded the Indians "to open a broad path and sweep it clean for the far In- dians to come through to Albany," and he was extremely gratified when twenty of them came thither in the spring of 1722, and still more so when in the ensuing June eighty, besides women and children, arrived there after a journey of more than a thousand miles." These Indian conferences were quaint and picturesque, as well as important. At first they were attended only by the Mohawks, Oneidas, Onondagas, Oayugas, and Senecas, compos- ing the confederation known as the Five Nations. According to Horatio Hale, this confedera- tion of savages established what is now one of the oldest repub- lics in the world, dating back to a period four hundred years ago, when that most remarkable law- giver, Hiawatha, brought about the union on the basis on which it has been maintained to this day. The annual" election of representatives from the various nations to the council of the confederation still takes place in the manner prescribed by him, and the several delegates stiU bear the ofBLcial names by which he designated them before Co- lumbus first saw the shores of the New World.' The Tuscaroras hav- ing become involved in war with the whites in the Carolinas, where they dwelt, came north in 1714, and were received by the Five Nations, and in the course of time joined the confederation as the Sixth Nation.'' The Indians were never in a hurry, and it was usually some days before they could be induced to settle down to business. Burnet occupied this time in going among them and becoming acquainted with their leaders. The conference being at last opened, Lawrence Claese appeared as interpreter, translating the Indian language into MES. WILLIAM BURNET. IDoo. rel. Col. Hist. N. Y,. 5:641; Smith's "New-York," p. 219. In that charming work by Mrs. Grant, of Laggan, " Memoirs of an Ameri- can Lady" (London, 1808), 1 : 76-87, is a graphic description of the toils and dangers of the young Americans who set out on trading expeditions from Albany through the trackless waste. 2 Doc. rel. Col. Hist. N. Y., 5 : 684. 3 "The Iroquois Book of Eites" (Philadelphia, 1883), pp. 21-39; Morgan's "Systems of Consan- guinity and Affinity of the Human Family," p. 151 ; Heckewelder's "Indian Nations" (edition of 1875), p. 56. It should be noted, however, that in the "Journal of American Folklore," 4 : 295-307, W. M. Beauchamp, In a critical review of the accounts of Hi-a-wat-ha, concludes that he must have lived, if at all, not earlier than A. d. 1600. 4 Doc. rel. Col. Hist. N. Y., 5 : 387, 684. 158 HISTOEY OF NEW-YOEK Dutch, while Eobert Livingston, the venerable secretary for Indian affairs, translated from Dutch into English, and vice versa. The savages have always been noted for the poetic and felicitous imagery in which they clothe their ideas. In expressing their wish to be on friendly terms with the whites they said (and we can only guess how much of the poetry has been lost in the translation into Dutch and then into English) : " Wee were here before the Christians Came Being the Antient Inhabitants of those parts and when the Christians first came we made a Covenant with them which was but of bark but after- ward the English Comeing to have the Government of those Countries we made a Covenant Chain of Silver that the thunder itself could not break it." ^ And again : " When the Christians first came to this Country our Ancestors fastened the ship that brought them behind a Great Mountain with a Chain in order to secure the same which moun- tain lyes behind the Sinnekees Country, so that the one end of the Chain, being fastened there and the other end at ye Ship, if any body would steal away and molest this ship the chain will jingle & make a noise & alarm all the 5 Nations who are bound to defend this ship." ^ At another conference Governor Burnet hinted at the desirability of brightening the covenant chain, whereupon they declared: "We make it clean to keep the same bright and wrap beaver Skins about it, that it may not rust." ' " Since a Chain is apt to rust, if it be not oiled or greased we will grease it with Bevers grease or Fatt y* the smeU thereof will endure for a whole year."^ The governor was free in giving the Indians excellent advice — not to spend their money in strong drink, but to lay it out on clothing and other necessaries for their support.^ But when he asked them to assist him in discovering persons guilty of violating the new law forbidding the sale of Indian goods to the French, they, with a shrewd and amusing affectation of simplicity, rephed: " We are peaceable People & inclined to Peace & if we should intermeddle in any such matter, we should but create ourselves a great many enemies & therefore desire to be excused." " By this conference Burnet learned more of their wants, and how they were robbed by the traders at Albany, who took them into their houses and plied them with drink before buying their peltries. So the governor had an act passed by the legislature in 1723 providing for the erection of two large wooden houses for the special accommo- dation of the Indians, where trade with them was carried on publicly.'' He also used his personal infiuence to induce the traders to treat the Indians more fairly, and to sell them goods more reasonably, whereby a great improvement was brought about in the relations between the 1 Doe. rel. Col. Hist. N. Y., 5 : 562. 5 H)., 663 2 lb., 667. 6 lb., 668. ]^-'™- 'n>., 701; "Journal of Legislative CouncU," * It>., 663. 1 : 504, 506, 533. THE ADMINISTRATION OF WILLIAM BURNET 159 English and the savages. Nor did he overlook the importance of protecting the whites, and the legislature took measures for the re- newal of the stockades about Albany and Schenectady, which had been allowed to fall into decay, and authorized the Albany authorities to build two new block-houses for the better protection of that frontier town.^ But the governor's statesmanlike plan for securing to the English the absolute control of the Indian trade aroused the opposi- tion of the British manufacturers and the New- York merchants, who had engrossed it to themselves. They feared that the French would secure their supplies from other quarters, and that New- York would lose the profits it had so long enjoyed. So these merchants and their British friends drew up a strong remonstrance, urging the king to disallow the act. They claimed that in consequence of it trade had fallen off in New- York, both in imports and exports; that the supply of beaver-sMns was but half what it had been before the passage of the act; that the price had gone up twenty-five per cent.; and that importations into the province had been greatly reduced. These representations being transmitted to Governor Burnet, he laid them before the council, and Dr. Golden and Mr. Alexander were charged with the preparation of a reply, which was adopted by the council. In this able and admirable report they refuted most of the facts alleged, and the arguments adduced by the remonstrants.- The lords of trade deemed a compromise advisable. They recommended that the act be disallowed on account of the feature compelling persons to answer under oath, under a penalty of one hundred pounds, whether or not they had violated the law. They approved of the design of the act, and recommended that the governor should be instructed to secure the passage of a new bill, omitting the objectionable fea- ture referred to.^ It was a great triumph for the governor, and he exulted not a little over it. As the king took no action on the report of the lords of trade, and as the act expired by limitation, the legislature in 1726 passed another act, on the governor's recom- mendation, he having come to an agreement with the people of Albany on the subject, whereby it was provided that a duty of thirty shillings should be laid on every piece of " strouds " carried to Canada, and one of only fifteen shillings on each piece sent from Albany to Lake Ontario, thus giving the English traders a great advantage over their French competitors, and encouraging the Indians to continue coming to Albany for supplies.^ So much space has been given to this subject because it was the favorite project of the governor during his administration. It was a great thing for the province; of vast 1 Doc. rel. Col. Hist. N. Y., 5 : 631, 782 ; Journal 3 Doc. rel. Col. Hist. N. Y., 5 : 708, 739, 757, 763. of Legislative Council, 1 : 470-1. * Doc. rel. Col. Hist. N. Y., 5 : 778. 2 Smith's "New-York," pp. 207, 221. 160 HISTOKY OF NEW-YORK importance to New- York City; and yet to this policy, so successfully carried out, was largely due the ultimate removal of Burnet from this government. While the handsome young governor was thus enforcing his Indian policy, he was not unmindful of the duties resting upon him in other Unes. Of a genial nature, extremely sociable in disposition, he readily entered into the social life of the little town. This centered in Fort George,^ at the Battery, where the governor lived in state in his man- sion; where the King's Chapel stood, which had been built on the ruins of the original Dutch church erected nearly a century before, and whence pealed forth the tones of the bell alike for weddings, for funer- als, and for public occasions in general. At special entertainments the governor's charming lady would bring out the silver-and-gilt tea-ser- vice presented to his father by the Princess Sophia in recognition of his services in bringing about the Protestant succession.^ According to the old custom observed since the days of Peter Stuyvesant, he received calls on the 1st of January after his arrival.^ There was much gaiety in the queer little cosmopolitan town in those days. The members of the legislature frequently gathered at the "Widow Post's" after a day's session, to discuss the public affairs over a glass of wine,'* and gentle- men would sometimes meet at a friend's house "to hear some good Musick, and to take a Tiff of fresh Lime Punch," or something stronger.'* Secretary Clarke was one of the few citizens of the town who indulged in the luxury of a spinet, which he bought in September, 1723, just as if a little girl who arrived in his family at the same time could not furnish music enough for his house!" Mr. Clarke displayed various signs of wealth in those days, for in addition to the spinet and a negro servant he bought his wife blue, purple, and green silk stockings a few months later. '' Some of the worthy Dutch vrouws continued to own a multiplicity of petticoats, after the fashion of their mothers, as chroni- cled by Diedrich Knickerbocker. In 1730 the widow of Francis Philipse was the proud possessor of a red silver-laid petticoat, a red cloth petti- lln 1721 the fort had four regular bastions, ' bought at Mrs. Frank's' ; piece brown ozanbrige faced with stone, and mounted with fifty cannon, 9t. 55 ells, at 18d. ; a doz. pd. of chocolate at 22s • but had neither ditch nor outworks. (Doc. rel. Col. 12 lbs. soap, at 7s. 8d. ; 4 bottles lime juice lis' • Hist.N.Y.,5:602.) Repairs were made in 1724, and 2 bbls. 'lamb black,' Is.; 1 pr. sDk stockings new apartments fitted up in 1725-6, but in the lat- 19s. ; 6 yds. caUco, Is. 6d. ; a pr. of ' Cizors ' Is •' ter year the roof of the chapel and the baiTacks 12 gals, rum, 4s. per gal. ; 2 bbls. stale beer for were stm in a ruinous condition. " Journal Legis- workmen, £1 16s. per bbl. 'Eetgers savs it is latave Council," 1 : 489 - 93 507, 519, 536, 539. extraordinary good beer and y racking it off into isL "liT ' ^°"' ^°"-' °*^'"' Barri- would flatten it and make it Drink 1868, p. 217. Dead.'" The chocolate was bought at Dugdale's ; it I S' ?«-""■ ' ■ ^'^ ^""^ ''P ^"■""^ 2"^-' "^'^S to an advance in io- ■5 T^' daft' coa ; the soap and starch ' ' were bought at one Pel- i°-' *™- letreau's next to Mr. Jordain's." (N.Y. Col. MSS., 7^''ls9 Q *w n, , , ,, 42:61,107,119,120.) " I sent by Eiche Mr. Hyde's 7 lb., 482. Some of Mr. Clarke's purchases show [a relative of Mrs. Clarke] Wigg ■ the price is 4 the cost of hying in those days : " 38i gals, molas- 10s. ; he'll take it again if not approved at that ses, at 2s. per gal. ; 3 gals, whale oil, at 4s. ; 3 bush, price." lb., 120. salt, at 3s. 6d. ; piece of striped silk muslin, at 5d., THE ADMINISTRATION OF WILLIAM BUENET 161 coat, a silk quilted petticoat, two black silk quilted petticoats, and a splendid psalm-book with gold clasps and gold chain whereby she hung it upon her arm. About this time, too, window-hangings of canilet, colored harrateen, and other expensive goods came into use in the more pretentious houses; also japanned tea-tables, gold-framed looking- glasses, tall eight-day clocks, and other evidences of increasing wealth. Pewter ware was still more common than china. William Smith had been the first private individual to set up a coach (1704), but at this time there were several of them besides the great state coach of his Excel- lency the governor.^ Two-wheeled chaises for one horse were the most common vehicle for rid- ing then and for many years after. ^ On pleas- ant summer evenings everybody assembled on the front stoep and chatted with his neighbors and with pas- sers-by — a charming custom revived of late years in the wonderful and progressive me- tropolis of the great West. Well-to-do peo- ple kept excellent tables laden with great varie- ties of fish, flesh, fowl, and vegetables. The or- dinary beverages were beer, cider, punch, and Madeira.^ Balls and sleigh-rides were the favorite amusements in the winter; in the summer, boating and driving parties. An advertisement from the " American Weekly Mercury " for March 23, 1727, indicates that gold- smiths flourished in the town : TOMB OF DAVID PROVOOST, IN JONES'S WOOD. This is to give Notice to all Gentlemen and others, That a Lottery is to be drawn at Mr. John Stevens in Perth Amhoy, for £501 of Silver and Gold Work, wrought by Simeon Soumain of New-York, Gold-Smith, all of the newest Fashion. The highest Prize consists of an Eight square Tea-Pot, six Tea-Spoons, Skimmer and Tongues, Valued at £18 3s. 6d. The lowest Prize consists of Twelve Shillings Value.' There is 278 Prizes in all, and there is only five Blanks to each Prize. Tickets are given out Calendar N. Y. Hist. MSS., 1 Edward Bromhead, who officiated as the gov- ernor's coachman for some years, appears to have managed to make a lucrative position ont of it, as he acquired a snug little property in the city and Vol. IL— 11. in Ulster County. 2 : 504. 2 "Valentine's Manual," 1858, pp. 501-11. SBurnaby's "Travels," p. 87. 162 HISTOEY OF NEW-YOEK at Six ShiUings York Money, or Seven Shillings Jersey Money for eaoli Ticket, at the House of Mr. John Stevens in Amloy, at Mr. Lewis Carrees in Aliens Town, at Mr. Jolines in EUzaheth Town, at Mr. Cortlands at Second Biver,^ by Mr. And/rew Bradford in Phila- delphia, at Mr. Samuel CMvse in Jamaica on Long Island, and by Simeon Soumain in the City of New -York, at which last Place the Goods so to be drawn for are to be seen. And the said Goods are to be valued and appraised by Mr. Peter Van Dyke, and Mr. Charles Le Beux, two Gold-Smiths in the City of New -York. And said Lottery is to be drawn the 22d day of May next, Anno 1727. If said Lottery be full sooner, it will be drawn before the 22d of May next. The people were fond of amusements, as just said, balls and sleigh- ing in winter; in the summer, boating and driving parties. A favorite resort for the latter was the Fresh Water Hill, — adjacent to the pres- ent Chatham street, south of Pearl street, — on the summit of which Francis Child kept a public house, with pleasure-gardens attached. The wells of the town afforded such poor water that it was scarcely fit to drink, and strangers were often made ill by it. At the upper end of the present City Hall park was a large body of fresh water, fed by innumerable springs. One of these springs was so abundant, and the quality of the water so superior, that it was in universal demand from all parts of the town for making tea ; so a huge pump was placed over it, and men came thither with carts and carried away the water to sell it about town to the good housewives for the brew- ing of the cup that "cheers but not inebriates." Hence the name, "Tea Water Pump," which lingers in the memory of some of the oldest inhabitants to this day.^ The outlet from the 'Fresh Water, or Kalck Hoeck, corrupted into " Collect," flowed across Chatham street, and was spanned by a bridge, and as it became the recognized custom for a gentleman driving over this bridge with a lady to salute his compauioD, it was known as the "Kissing Bridge."® Eaces took place in the neighborhood, it being pretty well out of town. Of course, it sometimes happened that parties of young people who went out driving beyond the town got belated on their return, and were obliged to pass the night at some wayside house where there was scanty supply of separate rooms, in which case they " bundled," after the fashion of the time, and not infrequently with results that finally brought that queer practice into disrepute, and which Jacob Vos- burgh, in a letter to Governor Burnet in 1723, characterizes, with a feeling excusable under the circumstances, as a " wicked and base custom of those parts."* The old Dutch families still kept up the custom of sending out printed invitations to funerals, on sheets about the size of this page. Everybody drank. Eum .figured largely in the 1 Now called Belleville, near Newark, New Jersey. of New- York and New Jersey within half a cen- 2 Valentine's Manual, 1865, pp. 605 - 12. tury, the writer has found very few of the old SBuruaby's " Travels" (ed. 1798), p. 87. people who were willing to admit that they ever i Calendar N. Y. Hist. MSS., 2 ; 480. Although " bundled" in their young days, or that they had the custom referred to prevailed among the Dutch ever known anything about the practice. THE ADMINISTRATION OF WILLIAM BUENET 163 imports into the province. In 1724 it sold at two shillings and nine- pence a gallon. In 1726 Isaac Bobin and George Clarke owed " £13 10 shillings for half a pipe of wine."' Of course the governor kept a goodly stock of wines and liquors in the ample cellars of his mansion in the fort; nevertheless, when Governor Spotswood of Virginia came to New- York in his Majesty's ship Enterprize, on his way to attend the Indian conference at Albany in the fall of 1722, he brought his own liquors with him, — whether because he doubted the quantity or the quality of the New- York supply is not known, — and he asked Governor Burnet and his council to admit his liquors free of duty, which of course they did ; ^ and, although the record is silent on that head, it is a safe guess that they all sampled the Virginia governor's choice without delay. A different sort of petition came before the same body on May 15, 1724, when Captain Peter Solgard, of his Majesty's ship Greyhound, informed the council that the navy had refused to furnish rations of rum to shipwrights and calkers employed in refitting his Majesty's ships in the plantations, and the men refused to work without it, wherefore he asked leave to impress such as he needed. But the council concluded that such a course would drive the workmen out of the colony, to the great damage of the merchant service, especially as the men employed on merchant vessels were paid six and ninepence per day (ninepence more than in the navy), and were given their usual allowance of rum besides.' How the English captain managed to get his vessel refitted does not appear. Slavery prevailed, with its attendant evils. Labor was scarce, which was the excuse for stealing the natives from their homes in Africa and bringing them to New- York, to be sold like cattle. The price ranged from forty to seventy-five pounds. Thus, in 1720, Cap- tain Hopkins offers a negro for fifty pounds ; in 1723 Captain Munroe is willing to sell his " negro wench, 17 years old, warranted sound in limb, a native of Jamaica, for £45." Mr. Chaloner offers a " negro wench for £45, 20 years old, sound of limb," and with the promise of supplying her owner with another human chattel in the course of three months. William Eraser, of Richmond County, is closing up an estate, and offers a negro man and wench for sale, for fifty and sixty pounds respectively, Eobert King, of Perth Amboy, offers to sell George Clarke a negro wench for fifty pounds,"* while Dr. Dupuy wants fifty-five pounds for a negro wench nineteen years old, whom he had brought up from infancy. The poor girl did not like to be sold, he said, but he sent her to Mr. Clarke " on approval," with the caution: "she will pretend not to know anything, but she must not 1 Calendar N. Y. mst. MSS., 2 : 489, 497. 3 Council Minutes, 14 : 296. 2 Council Minutes, 13 : 365. * Calendar N. Y. Hist. MSS., 2 : 454, 476, 477-481. 164 HISTORY OF NEW-YOBK EAST EIVER, BETWEEN JOHN STREET AND PECK SLIP. be believed." Three years later Mr. Clarke is anxious to sell a negro woman, "as she has a great itch for running away." So it is probable that the girl could not be tamed into submission. Ex- Sheriff Harri- son, of Perth Amboy, wants seventy-five pounds for a negro wench and child four years old.^ The importations of slaves into New-York were, for the years named : 1720, eighty-one ; 1721, one hundred and ninety-three; 1722, one hundred and six ; 1723, eighty- two; 1724, sixty- one ; 1725, one hundred and thirteen ; 1726, one hundred and eighty.^ The newspapers of the day contain numerous advertisements offer- ing rewards for run- away slaves, who are described as if they were, horses or mules, with all their peculiar " marks." There was a white slavery in those days, too. In 1723 a white woman and her husband, from New England, who had been burnt out by the Indians, offer themselves for hire for a term of years.^ Dr. John Browne, " in York Eoad, West Jersey," in 1726 offers forty shillings reward for the return to him of " a servant Woman, named Sarah Parler or Sartin, supposed to be Inveigled or Conveyed away by one Richard Sartin, who served his Time at French Creek in Pennsyl- vania, at the Iron Works, who pretends that he is her Husband, but is not ; she is a little thin Person, having on a Calico Gown strip'd with Blue, or a black and white one of Woole and Worstead, a new Bonet, and other tolerable good Cloaths."'* In the same year John Leonards, " at South river bridge near Amboy," gleefully announces that a negro had been forced by starvation to come to his house, and he holds him till his owner shall come and pay a reward " and also reasonably for his Diet till fetched."^ Men and women sold them- selves for terms of years for their passage to this country; or when misfortunes befell them here, they sold themselves until they could gather a little money. The negro slave-market in New- York was established in 1709 at the foot of Wall street, where it was in Gov- ernor Burnet's time.'' Many of the planters, with questionable liber- ality, allowed their slaves one day in the week to work for them- selves, on condition of their feeding and clothing themselves ! Some 1 Calendar N. Y. Hist. MSS., 2 : 481, 496. 2Doo. rel. Col. Hist. N. Y., 5 : 814. 3 Calendar N. Y. Hist. MSS., 2: 481. i "American Weekly Mercury" (Philadelphia), August 25, 1726. 5Ib., July 14, 1726. Valentine's Manual, 1865, p. 559. THE ADMINISTEATION OF WILLIAM BUENET 165 allowed all Saturday, some half of Saturday and half of Sunday, and some only Sunday. The negroes were assured that they had no souls, and perished as the beasts.' Their punishments were barbarous. They were burnt at the stake, broken on the wheel, or hung alive in chains to endure a lingering, horrible death by slow torture.- Their dead were buried in a field set apart for the purpose, on the north side of the present Chambers street, just opposite the new Court House, at night, by their own people, without any Christian offices, but usu- ally with some superstitious rites they had brought from Africa.' These weird assemblies by night being calculated to stir up the negroes to acts of violence, in 1722 the city authorities ordained that thereafter negroes and Indian slaves dying within the city, on the south side of the Fresh Water, should be buried by daylight, and before sunset. It was also ordained that any negro or Indian, slave or free, convicted of gaming or playing in the streets or elsewhere for money, should be publicly whipped at the whipping-post, unless the master or owner of any such slave should pay a fine of three shil- lings.^ The whipping-post, pillory, and stocks stood in Broad street, a little below the City Hall, which was on "Wall street, where the United States Subtreasury now stands; the jail was in the base- ment of the City Hall ; by 1724 it had become so unfit for the pur- pose that the judges complained of it ; in 1727 it was presented by the grand jury, in consequence of which four men were appointed to watch it to prevent escapes.'^ In July, 1727, it was ordered that a public gallows be erected on the Common, at the usual place of exe- cution — at the upper end of the present City Hall park. In 1720 it was ordained that no brickmakers or charcoal-burners should cut down any trees upon the commons for burning bricks or making charcoal.* There was no poorhouse, the poor being cared for at their homes, by private charity or by the vestry. Every person relieved wore a badge of blue or red conspicuously on the sleeve, marked "K Y.'"" There was a market-house on Pearl street, between Wall street and Exchange Place, while the Custom House of that day was on the same street, between Broad and Whitehall streets.' The little town was advancing in the matter of street improvements. The residents on Broadway had been given leave in 1708 to plant trees in front of their premises," giving the street a pleasant aspect, especially in summer. The property-owners on the principal streets were required to pave the streets with cobblestones for a distance of 1 " Historical Account of the Incorporated So- 5 Valentine's Manual, 1862, pp. 539, 553. ciety for the Propagation of the Gospel," hy David « lb., 1858, pp. 505, 567. Humphreys (London, 1730), p. 238. ' lb., 1862, p. 658. 2 Doc. rel. Col. Hist. N. Y., 5 : 341. 8 lb., 1850, pp. 443, 446. 3 Humphreys, as cited, p. 238. 9 Ih., 1850, p. 446. * Valentine's Manual, 1858, p. 566. 166 HISTORY OF NEW-YOEK ten f det from their line, leaving the middle unpaved.^ The population was increasing steadily. In 1712 it had been 5840; in 1723 it was 7248; and in 1731, 8622.' Property-owners began to develop their lands, to meet the increasing demand for bnilding-lots. About 1720 Trinity Church began to lay out the south part of the " King's Farm" into lots.' The block bounded by Whitehall, Pearl, Moore, and Water streets had been used for many years as an open market-place where the country wagons stood, and the vacant space in front of the fort was used as a public parade and for meetings, bonfires, and other public demon- strations. Stephen Eichards, Jacob Leisler, Obadiah Hunt, Benjamin Wynkoop, Robert Crook, Thomas Roberts, Paul Richard, and PEOVOOST ARMS. ^j-^^ , ; , Isaac De Peyster, Sr., living near the south- east bastion of the fort, presented a petition to the governor and coun- cil, June 15, 1724, setting forth that the old market-house had fallen down and that the dock adjoining had become filled up by the rubbish of the city, and that the magistrates of the city proposed to lease the ground in building-lots for the term of forty-one years, which the pe- titioners claimed would be greatly to their injury, and that the build- ings would obstruct the range of the cannon in the fort. Dr. Colden, as surveyor-general, sustained the correctness of this latter objection, and the council stopped the proposed improvement.'' In 1732 the old mar- ket-place was leased to some public-spirited citizens, who laid it out and inclosed it for a bowling green.^ In 1722 the first steps were taken toward extending the shore-line of the Hudson River front out to deep water, but the property-owners were indifferent, and it was several years before the present Greenwich and Washington streets were laid out. There were more signs of improvement on the East River front. On January 18, 1722, the council received a petition from Garrit Van Horn, John Read, Thomas Bayeux, Stephen Richards, Thomas Clarke, Rip Van Dam, Jr., Henry Cuyler, and Peter Breasted, asking for letters patent to extend the wharves upon the shore of the East River from Rip Van Dam's corner at the lower end of Maiden Lane to the corner of Thomas Clarke. The mayor, Robert Walters, in behalf of the city, objected, but the council, after several hearings, granted the petition and ordered that a street forty-five feet wide be laid out on the shore- front, to be called Burnet's street (now Water street, between Wall and 1 Valentine's Manual, 1862, p. 533. i Council Minutes, 14 : 306, 325; Calendar N. Y. 2 lb., 1851, p. 352. Hist. MSS., 2 : 488; Valentine's Manual, 1862, 511-12. 3 Valentine's " History of New-York," p. 286. 5 Valentine's Hist. N. Y., p. 286. THE ADMINISTBATION OF WILLIAM BUENET 167 John), and that the new dock be called Burnet's key.' The develop- ment of the town is also indicated by the numerous sales of real estate. In 1719 the Presbyterians bought a plot 88x124 feet on Wall street, near Broadway, for which they paid Abraham De Peyster and Nicholas Bayard £350. In 1720, a lot on the northeast corner of Maiden Lane and William street, twenty-five feet on William street and forty-five feet on Maiden Lane, sold for $193; two houses and lots on the northwest corner of Broad and Stone streets, fronting on Broad street, 51J feet front, 42 feet deep, $1250. In 1721, house and lot in Wall street, 32x150 feet, $850; two lots on Broadway, 50x160 feet, $293. In 1722, lot on the present Rose street, 25x100 feet, $25. In 1723, two lots on the north side of Beekman street, north of William street, $125; lot on Beekman street, next to the corner of Gold street, 23x100 feet, $80; lot on the southeast corner of Beekman and Cliff streets, 25x75 feet, $125. In 1725, four lots on the northwest corner of Frankfort and Vandewater streets, one hundred and forty feet on Frankfort street and one hundred feet on Vandewater (then Duke) street, $150. In 1726 the Dutch church paid ^6575 for the plot on Nassau street, whereon they built their new church.^ A lot on the north side of John street, 25 x 100 feet, sold for $200 ; a lot on the eapt side of Broadway, 24x161 feet, $97; and a house and lot on the west side of Broadway, 70x50 feet, $1100. In 1727 two lots on Spruce street and two on Grold street, $225; a lot on the north side of Maiden Lane, 25x147 feet, $250; and a lot on John street, 35x100 feet, $125. The commerce of the port grew slowly but steadily, about 215 to 225 vessels clearing out yearly. Prom 1717 to 1720 the imports averaged £21,254 yearly, and the exports £52,239. Prom 1720 to 1723 the imports remained the same, while the exports increased an average of £2300 yearly; from 1723 to 1727 the imports averaged £27,480 per annum, and the exports £73,000;* One obstacle to the growth of commerce was the frequency with which merchant vessels were captured on the high seas by bloodthirsty pirates, who cruised off- shore, and often had the temerity to sail up to the very port of New- York. The newspapers of the day are full of reports of encounters with these daring sea-robbers. For example: the crew of one vessel arriving in New- York in 1723 told how they had been boarded by pirates, who plundered the vessel, " cut and whipped some of the men, and others they burnt with Matches between the Fingers to the bone to make them confess where their Money was, they took to the value of a Thousand Pistoles from Passengers and others, they then let them 1 Council Minutes, Xni : 2 - 116. 2 Now occupied by the Mutual Life Insurance Company. The new church was buUt in 1729. 3 Doc. rel' Col. Hist. N. Y., 5 : 618, 761, 897. 168 HI8TOBY OF NEW-YOEK go." " The Pyrates gave us an account of his taking the Bay of Hon- doras from the Spaniards, which had surprised the English and taking them, and putting all the Spaniards to the Sword Excepting two Boys, as also burning The King George, and a Snow belonging to New York, and sunk one of the New England Ships, and cut off one of the Mas- ters Ears and slit his Nose, all this they confessed themselves, they are now supposed to be cruising off of Sandy Hook or thereabouts." ^ Sometimes vessels ar- riving in the port brought an enemy on board, as was the case of the brigantine Hope- well, from Madeira, which arrived in port on the night of May 25, 1725, with a number of people afflicted with smallpox, of which one person had died. It appeared that Henry Fuller, the mate, who was ill with the disease, had come ashore, and the high sheriff was ordered "to go to one Goelets, a Painter, in Maiden Lane, and there to search for the said Henry Fuller and to Convey him on Board the said Brigantine." The sheriff found diffi- culty in executing the warrant, owing to the natural timidity of his constables about exposing themselves to infection, so the council desired Colonel Riggs, the commander at the fort, to send four of his best men to assist in removing Fuller. Messrs. B. Rynders, John Van Home, and Stephen De Lancey, owners of the Hopewell, asked that the crew and their bedding might be put on Bedlow's Island, but the council concluded that the vessel should anchor in the channel between Bedlow's Island and Buckett Island, at the same time prescribing a code of signals for communication between the vessel and the shore in cases of necessity, until the brigantine should be free from infection. The feiTymen on each side of the Narrows and all the pilots belonging to the port were directed to acquaint all u^^'ljm/4 1 " Amerioau Weekly Mercury " (Philadelphia), June 6, 1723. THE ADMINISTRATION OP WILLIAM BUENET 169 incoming vessels that the Hopewell was "performing quarantine" at Bedlow's Island/ The jurisdiction of the governor and council was exercised over a curious range of subjects. September 30, 1720, Henry Smith was given a commission to seize all didft whales on the coast of Suffolk County.^ December 7, 1720, Mary Barnet, of Staten Island, widow, petitioned for leave to ask and receive voluntary assistance from the benevolent, her house having been burned;^ and on the 23d of the same month Edmund Hawkings, mariner, petitioned "for a brief to obtain relief from the charitable, he having lost his sloop by fire off White- stone, Long Island."* The Presbyterians, having secured a site for a church, petitioned, September 19, 1720, for incorporation, but were re- fused, for lack of a precedent.^ May 17, 1721, a hcense was gi-anted to James Cooper & Company to take whales, they paying one twentieth of the oil and whalebone. '^ To encourage various enterprises, monopolies were frequently granted. In 1720 the Legislature passed an act grant- ing to Eobert Lettice Hooper and his assigns a monopoly for refining sugar. In 1725 Hooper styled himself "sugar refiner," but having failed to live up to the terms of his privilege, an act was passed in November, 1727, repealing his monopoly.' In 1724 an act was passed giving to Susannah Parmyter, widow, and her assigns, the exclusive right of making lamp-black for ten years.* William Bradford, the printer, asked for a like monopoly for the manufacture of paper for fifteen years, but the powers that were had no great love for the news- paper press, and his petition was not granted. ° In 1726 Lewis Hector Plot De Langloserie was by act of the legislature given the sole right to catch porpoises in the province of JSTew-Tork." The progress made toward reclaiming the wilderness adjacent to the city is indicated by the passage of an act in 1723 withdrawing the bounty previously offered for the capture of wild cats, although three years later it was deemed necessary to again offer bounties for the destruction of foxes and wild cats in Queens County. It was still customary to allow swine to run at large during the winter, picking up their subsistence in the woods, but by the year 1722 .it was thought necessary to pass an act restricting this practice in the counties immediately around New- York, and in 1726 Saratoga received the same protection. In 1 Council Minutes, 14, et passim ; Calendar N. Y. las Bayard gave notice in the newspapers of the Hist. MSS., 2 : 492. day that he had erected a reflning-house for refin- 2 Cal. N. Y. Hist. MSS., 2 : 455. ing all sorts of sugar and sugar-candy, and had 2 lb., p. 457. procured from Europe an experienced artist in i Ih., pp. 457, 458. that mystery. (N, Y. Gazette, Aug. 17, 1730.) This 5 N. Y. Doc. Hist., 3 : 278-281 ; Calendar N. Y. sugar-house stood back from Wall street, between Hist. MSS., 2 : 454. Nassau and William, a high board fence along the 6 0al. N. Y. Hist. MSS., 2 : 460. street front securing it from intrusion. 7 Calendar N. Y. Hist. MSS., 2 : 456, 491 ; Jour- 8 Journal Legislative Council, 1 : 509, 518. nal Legislative Council, 1 : 461, 536, 557, 558, 562; 9 lb., p. 514. Doc. rel. Ool. Hist. N. Y., 5 : 847. In 1730 Moho- 10 lb., pp. 526, 536. 170 HISTORY OF NEW-YOEK this latter year also an act was passed for the more effectual preser- vation and increase of deer on the Island Nassaw (Long Island).^ One smiles at the primitive simplicity of the City Fathers of those unsophisticated days, to read the financial statements of the chamber- lain. He actually managed to keep the city's expenditures within its income. In 1721 the city's receipts were .£559, of which only £215 was spent, leaving a balance of £344 in the treasury. In 1722 the re- ceipts were £704, and expenditures £310, leaving a balance of £394; in 1723, the income was £721, and the outgo £575; in 1724, income £430, outgo £428, which was close sailing ; in 1725, income £257, outgo £248; in 1726, income £288, outgo £224; in 1727, income £217, which was £30 more than the expenditures. A pound in New-York currency was reckoned at eighteen pence to the shilling, and so was equal to two-thirds of the pound steriing. In 1728 there was due the city £1384, and a bonded debt was undreamed of. One of the sources of income was the lease of the ferry to Brooklyn — the only ferry established then, the lessee being required to provide a house on each side, and boats for passengers and cattle. In 1717 two ferries were established, both running from what is now the foot of Fulton street on the Long Island side. In 1728 the privilege was leased for five years for two hundred and fifty-eight pounds yearly. The resi- dents of the little Dutch village of Breuckelen, a mile back from the river, insisted upon their right to ferry themselves across, but New- York claimed the exclusive privilege, and the legislature frequently enacted strong measures to protect the city and its lessees.^ The rev- enues of the province amounted to about four thousand pounds annu- ally, raised principally by duties on rum, molasses, negroes, and Madeira wine, imported in foreign vessels. There was also a tonnage duty on vessels coming into port, and a small tax on salt and other necessaries. In 1726 the assembly wanted to remove the tonnage duty, on the ground that it drove commerce to New Jersey; they also wished to take off the duty on salt and molasses, which fell on the poor, and to impose a poll-tax on negroes, which the rich would chiefly have to pay. Gov- ernor Burnet was strongly in favor of a paper currency, and presented numerous and long arguments in its behalf, notwithstanding his un- fortunate experience in the South Sea speculation. Indeed, he urged that the failure of that scheme was partly due to the neglect of the government to fix a maximum price for the stock. Another argument he adduced was that in New Jersey, where paper money was popular, the currency being based on real-estate loans, secured by a tax, the effect had been to send gold and silver out of the province to England.' 1 "Journal Legislative Council," 1:486, 506, 517, SDoo. rel. Col. Hist. N. Y., 5 : 551, 700 736 738 532, 550. 769, 889-91; Calendar N. Y. Hist. MSs!, 2 :'479; 2 lb., pp. 536, 562, etc. N. J. Archives, 5 : 76, 87, 153 -8. THE ADMINISTBATION OF WILLIAM BUENET 171 Governor Burnet found time amid his multifarious official duties to devote himself to his books— of which he was passionately fond— and to his researches in science and theology. "He was useful in pro- moting science, and by a quadrant of a large radius and well divided, by a good telescope of eighteen feet, and by a second pendulum of large vibrations, he made sev- eral good astronomical obser- vations, towards ascertaining latitudes and longitudes." ^ He prepared a paper on the eclipses of Jupiter's satellites, which was published in 1724 in the "Transactions" of the Eoyal Astronomical Society, of which the slave-market of new-yobk. he was a member.^ But his great hobby was the study of divinity and of the Bible, and when he got a listener he was loath to let him go. He said that Sir Isaac Newton had taught him that the prophets had a language pecu- liar to themselves, which once learned, the prophecies could be as readily understood as other writings.® Whether or not he applied this method, or whether he rightly understood his famous precep- tor, cannot be told, but he spent two years or more in writing an ex- position of that stnmbling-block of expositors — the twelfth chapter of Daniel, publishing the results in 1724, anonymously. Having in this book proved to his own satisfaction that the first period referred to by Daniel occurred in 1715, he easily showed that the second would happen in 1745, and the third in 1790. While engaged on this work he conceived the idea of going over to France to persuade the leading men in that country to destroy the Papacy — a whimsical notion which greatly alarmed his wiser brother Grilbert in England. ■* Dr. Golden says he was a zealous Christian, but not in all points ortho- dox, for he "often declared that many orthodox men were knaves, while he had never known a here tick that was not an honest man."^ As the censorious Dr. Thomas Bradbury Chandler puts it, "his eccen- trical genius was not to be confined within the limits of orthodoxy."" He was the terror of young preachers, for, no matter even if they had been licensed by the Bishop of London, the governor would give them a text and a Bible, and shut them up in a room for a certain time to prepare a sermon, and if it did not satisfy him they were not suffered to preach in his dominions.'' Still, he was tolerant of all forms of 1 Douglass's "Summary," 1 : 480. 5N. Y. Hist. Soc. CoU., 1868, 215. 2 Whitehead's " Perth Amboy," p. 165. 6 Chandler's " Life of Johnson " (London, 1824), 3 CadwaUader Golden, in N. Y. ffist. Soc. Coll., p. 41. 1868, pp. 214, 215. V Whitehead's " Perth Amhoy," p. 162. 4 Whitehead's "Perth Amboy," pp. 162, 163. 172 HISTOEY OF NEW-YOEK religion. When Nicholas Eyers, brewer, set forth in his petition in January, 1722, that his hired house in Broad street had been registered as "an anabaptist meeting house" since the first Tuesday in February, 1715; that he had been a public preacher to a Baptist congregation in the city for at least four years; that he had just hired a house from Rip Van Dam for a public meeting-house, and that he desired a license as a preacher, the governor readily granted it.^ He cared little for the external forms of religion. While on his way to Boston, when transferred to that government, he complained of the long graces of the clergymen on the road, and asked Colonel Tyler when they would shorten, who replied: "The gi'aces will increase in length until you come to Boston; after that, they will shorten till you come to your government of New Hampshire, where your Excellency will find no grace at all."'^ One day, when about to sit down to dinner with an "old charter" senator of Massachusetts, who retained the custom of saying grace sitting, his host asked him which way he preferred, to which the hungry governor impatiently replied: "Standing or sitting, any way or no way. Just as you please.'"" Another trait of the governor's character was his fondness for exer- cising the ofSce of chancellor. The historian Smith says he " made a tolerable figure in the exercise of it, tho' he was no lawyer, and had a foible very unsuitable for a judge, I mean his resolving too speedily, for he used to say of himself, 'I act first, and think afterwards'";* or, as he put it on another occasion : " I am inclined to believe as I wish." '" Two cases which came before him as chancellor were partly instrumental in causing his removal. The French congregation, "L'Eglise du Saint Esprit," "^ worshiped in a stone building fifty by seventy-seven feet, erected in 1704, in Pine street. The congregation was large and flourishing ; the Rev. Louis Rou was called to the pas- torate about 1710, and as the church increased the Rev. J. J. Moulinars was called as his colleague. In the fall of 1724 the consistory of the church dismissed Mr. Rou, in the interest of Mr. Moulinars. Mr. Rou and a large number of the church members protested, and brought the matter before the council, who, after a hearing, decided that the dismissal was irregular and unlawful, but advised the congregation to adjust their differences amicably. As the consistory refused to re- instate Mr. Rou, he filed a bill in chancery to compel them to produce their contract with him ; the consistory pleaded to the jurisdiction of the court, which plea the governor overruled. As Rou, a scholarly 1 "New- York Documentary History" {4to ed.), 3 Hutchinson's "Massachusetts," 2 : 32. 3 : 290, 291. Benedict, in " History of the Baptists " * Smith's "New-York," p. 201. (Boston, 1813), 1 : 537, is in error in saying that 5 Doc. rel. Col. Hist. N. Y., 5 : 703. Burnet witnessed the baptism of Eyers in 1714 ; 6 Por illustration of the church, see Chapter II. Governor Hunter is meant. Bditok. 2 Belknap's " New Hampshire," 3 : 75. THE ADMINISTKATION OF WILLIAM BUENET 173 man, was known to be on intimate terms with. Burnet, and as the decision just given indicated what the final decree would be, the dis- satisfied party dropped the suit, reinstated Mr. Eou, and left the church.' They were thereafter enemies of the governor. Among them was Stephen De Lancey, one of the most influential men in the province. The other suit was on a bill in chancery filed by Adolph Philipse, in relation to a suit at common law brought against him by the widow of one Codringtone, his former partner, on a bond for fif- teen hundred pounds. The governor dismissed the bill, and left Mr. Philipse to make his defense at law as best he could.- When the legislature met in September, 1725, Governor Burnet found that Adolph Philipse was elected speaker, and that Stephen De Lancey was one of the new members, of whom several had been chosen to fill vacancies. With a deplorable lack of judgment, Mr. Burnet allowed his resentment to take an unjustifiable turn, for when Mr. De Lancey presented himself to be sworn in, the governor ques- tioned his citizenship, and declined to admit him until he had consulted Chief Justice Lewis Morris. On further reflection and consultation with friends, the governor perceived his error, and wrote to the assembly, saying that he left the matter entirely with them — where, indeed, it properly and exclusively belonged. Mr. De Lancey had been denizened in this province in 1686, and had sat in the council and in the assembly for nearly twenty years. It was the height of folly for the governor to raise a question as to his right to sit in the assembly now.^ Thenceforth the whole De Lancey interest, thus twice antagonized by the governor, was bent on his removal. Although, the assembly declared their readiness to meet all demands, they had their own ideas of what ought to be done. As a punish- ment for Chief Justice Morris, who was a member of the house, in advising against Mr. De Lancey's right to sit, they proposed to reduce his salary one hundred pounds, and to abolish the ofiice of second judge, giving Morris more work,** and in other ways they manifested a dispo- sition to break with the governor. After sitting five or six weeks they were adjourned till the ensuing spring. At this session the assembly persisted in making an appropriation for only three years, instead of for five, as formerly, and as the governor urged upon them ; so he dissolved them, after an existence of eleven years.^ The new assem- bly, which met on September 27, 1726, was not a whit more favorable to the administration ; it promptly affirmed the views of its prede- IN. Y. Doc. Hist. (4to ed.), 3 : 281-290 ; Smith's members of tlie consistory when the contract was New- York, pp. 222, 223 ; N. Y. Hist. Soc. Coll., 1868, made, and knew all ahout it. pp. 207-9. Dr. Golden says that in the answer filed 2N. Y. Hist. Soc. Coll., 1868, pp. 212, 213. by the consistory they swore that they had no 3 Smith's New-York, pp. 223, 224 ; Doc. rel. Col. knowledge of such a contract, but they afterward Hist. N.Y., 5 : 769 ; N. Y. Hist. Soc. Coll., 1868, pp. admitted that they meant this to be understood 210, 211. < Doc. rel. Col. Hist. N. Y., 5 : 769. of them as a body, for some of them had been 5 Journal Legislative Council, 1 : 537. 174 HISTORY OF NEW-YOEK cesser as to tlie sufacienoy of tlie revenue and the propriety of reducing salaries— which the governor disregarded. However, they sustained his Indian policy, and authorized him to build a fort and lodge twenty soldiers in it at the mouth of the Onondaga River, and then he adjourned them until spring. He lost no time in taking ad- vantage of the act just mentioned, but sent out workmen to build a stone fortress, with walls four feet thick, at Oswego, with sixty sol- diers. There were already there about two hundred traders — so rapidly had the business grown under his wise management. The assembly voted three hundred pounds for the purpose, but he ex- pended twice that sum out of his own pocket, so anxious was he to have his plan carried out.' In the summer of 1725 fifty-seven canoes went there, and returned with seven hundred and thirty-eight packs of beaver- and deer-skins. The French were alarmed, and erected a fort at Niagara, and at the same time demanded that the English abandon their fort at Oswego.^ On the accession of King George II., Burnet ordered the election of a new assembly, which met on September 30, 1727. It went through its business with little trouble, and adjourned on November 25, 1727, having sat less than half the time since the session opened. Everything moved along smoothly, and the acts passed were pub- lished with the usual solemnity on the last day of the session. Now his enemies sprung their mine. They knew that he was to be re- moved,' and, the business of the session being ended, the assembly adopted a series of scathing resolutions, denouncing the court of chancery as set up by the governor : that it rendered " the Libertys and properties of the Subjects extreamly Precarious, and that by the violent measures taken in & allowed by it some have been ruined, others obliged to abandon the Colony and many restrained in it either by Imprisonment or by excessive bail Exacted from them not to depart"; also that the court should not have been set up without the consent of the assembly, and that that body proposed at their next sitting to pass an act declaring all acts, decrees, and proceedings of the court null and void. It was five years since Burnet had caused Philipse to be removed from the council ; it was two years since he had insulted De Lancey by questioning his citizenship ; ^ it was two years, likewise, since he had dismissed Philipse's bill in chancery. Their turn had come at last, and the governor found himself in a hopeless minority. With unwise but not unreasonable indignation, he dissolved the assembly which had thus heaped contumely upon 1 Journal Legislative Council, 1 : 541, 554; Doc. had been appointed governor on August 12, 1727. rel. Col. Hist. N. Y. , 5 : 812, 813, 818, 879. Doc. rel. Col. Hist. N. Y., 5 : 823. 2 Smith's New York, pp. 228, 229. 4De Lancey was a merchant, and interested in 3 Colonel John Montgomerie, the groom of the defeating the governor's Indian policy. N. Y. chambers to George H. while Prince of Wales, Hist. See. Coll., 1868, p. 220. THE ADMINISTRATION OF WILLIAM BUENET 175 him in Ms person as chancellor.' Sensitive as he was, and having much self-complacency, this action of the assembly stung him to the quick, the more so that it was grossly unjust. Moreover, this blow came at a time when he was suffering the sever- est domestic afflictions. On the morning of August 7, 1727, Mrs. Burnet presented him with a son;- but the joy of the household was soon changed to mourning, and mother and child were laid to- gether in the chapel within the old fort. He made his will at this time, dated at New- York, September 6, 1727, in which he directs that his body " be buried at the Chapel of the Fort at New- York, near to my dearest wife Mary and one of my chil- dren, in a vault prepared for them, in case I die in the Prov- ince of New-York. But if I die elsewhere, in the nearest church or burying ground, or in the sea, if I should die there, well know- ing that all places are alike to God's AU-Seeing Eye."^ Writing home to the lords of trade, under date of August 26, he solicits their favor with the new king for his continuance in his governments of New- York and New Jersey, on the score of his faithful and eflfieient service. But his enemies were numerous and powerful, which made it easy for the king to consent readily to let his friend and former groom of the bed-chamber, John Montgomerie, have his wish when he 1 Journal Legislative Council, 1 : 562 ; N. Y. Hist. Soc. Coll., 1868, p. 212; Doc. rel. Col. Hist. N. Y., 5 : 847, 848. 2 Calendar N. Y. Hist. MSS., 2 : 487. 3 N. Y. Genealogical and Biographical Record, 6 ; 6 ; Historical Magazine, April, 1865, p. 129. Mrs. Burnet's funeral sermon was preached in the chapel in the fort, by the Kev. Mr. Orum, whose MS. fails to give the date. (Hist. Mag. , December, 1864, p. 398.) The will names "my children Wil- liam, Thomas and Mary," by late wife " Mary Van- horne," and appoints Abraham Van Home and Mary Van Home his wife Executors. The wiU was proved at Boston September 25, 1729, where Abra- ham Van Home, his executor, filed the inventory of his estate on October 13, 1729, amounting to £4540 4s. 3i2d. The daughter Mary married William Brown, of Beverly, Mass., and had issue William Burnet Brown, who settled in Virginia. In Abraham Van Home's will, dated December 27, 1740, only two of the governor's children are named. (lb., January, 1865, p. 34 ; April, 1865, p. 129 ; N. Y. Gen. and Biog. Record, 6 ; 6.) William Brown married, 2d, Mary, daughter of Philip French, of New Brunswick, N. J.; he died April 27, 1763. (Duer's "Life of Lord Stirling," p. 3, note. ) Governor Jonathan Belcher, who succeeded Burnet in Massachusetts, tried to get the legis- lature to vote to his children the salary (at the rate of £1000) which they had withheld from the governor. Wynne, 1 : 153. 176 HISTORY OF NEW-YOBK made choice of the government of New-York. Mr. Burnet felt a natural resentment at being thus removed, and his friends inter- ceded with the queen in his behalf, but she replied with courtly politeness that the king thought it necessary to appoint a man of Governor Burnet's abilities to manage the troublesome people of Massachusetts, and as the king's service required the sacrifice, any loss resulting therefrom would be made good. So he reluctantly accepted the new position. He continued to attend to the duties of his office faithfully, promptly, and without a word of complaint, while he waited patiently for the arrival of his successor; and when Colonel Montgomerie landed at New- York on April 15, 1728, Governor Burnet tendered him the hospitalities of his mansion in the fort; and although his courtesy was not accepted, he does not appear to have shown any ill-will.^ Soon after, he departed from New- York to assume his new government in Massachusetts. In doing so he was burdened with an instruction to insist upon the assembly of that province making an appropriation for at least five years for the support of the govern- ment ; ^ this led to constant differences between him and that body, which were ended by his death at Boston, on September 7, 1729, caused by his taking cold from the overturning of his carriage upon the causeway at Cambridge, the tide being high and he falling into the water.' Burnet was but forty-one years old. Said a writer in 1725 : " Never a Country was happyer of a Gov- ernor than these Provinces are of him. He is Not only a Learned Man But one that has a peculiar Talent of Eloquence & good Humour Suitable to his Learning he is a Man of great generosity Supplying the necessitous and Distributing his Justice Equally to great and Small. He is one who has at heart the promoting the welfare of these pi'ovinces." ■* Says Smith: "We never had a Governor to whom the colony is so much indebted as to him. . . . The excessive love of money, a disease common to all his predecessors, and to some who succeeded him, was a vice from which he was entirely free. He sold no offices, nor attempted to raise a fortune by indirect means; for he lived generously, and carried scarce anything away with him, but his books. These and the conversation of men of letters were to him in- exhaustible sources of delight."^ The judicial Grahame speaks of him iDoe. rel. Col. Hist. N. Y., 5: 855, 856, 858, 870, (Hist. Mag., December, 1864, p. 398.) In aeeor- 871; N. Y. Hist. Soo. Coll., 1868, pp. 219, 226. dance witli the directions m Ms wUl, his son Gilbert 2 N. Y. Hist. Soc. Coll., 1868, pp. 217-19. (" a lively youth about fifteen "), by his first wife, 3 Hutchinson's " Massachusetts," 2 : 364. " He was sent from Boston to his aunt Mary, wife of was conducted to the grave with the respectful David Mitchell, in England. It was said that he solemnity of a public funeral, and with demonstra- was well provided for by Bishop Burnet's wUl. tions of esteem creditable alike to the liberality The other children were brought from Boston to of those who entertained this sentiment, and to New-York by their gi-andfather, Abraham Van the merit of the individual who inspired it." Home. N. J. Archives, 5 : 261 ; N. Y. Gen and (Grahame's "United States," 3: 124.) The funeral Biog. Record, 6 : 6. sermon was preached in the King's Chapel, Bos- * N. J. Archives, 5 : 100. ton, September 12, 1727, by the Rev. Mr. Price. 5 Smith's "New-York," p. 231. THE ADMINI8TKATION OF WILLIAM BUENET 177 thus: "He labored with equal wisdom and assiduity to promote the welfare of the province, and cultivated the favor of the people with a success which only the clamors and intrigues of an interested faction prevented from being as entire and immediate as it proved lasting and honorable. Though in the close of his administration his popularity was eclipsed by the artifices of those who opposed his views, the tes- timony that farther experience afforded to the tendency of these views to promote the general good gained him a time-honored name, and a reputation coequal with his deserts; and more than twenty years after his death, the Swedish philosopher, Kalm, during his travels in America, heard Burnet's worth commemorated with grate- ful praise by his people, who lamented him as the best governor they had ever obeyed." ^ Writing thirty years after his death, Dr. Golden says of him: " He studied the true interest of the province more than any before him or any since. No instance can be given of oppression in any shape. No man was more free from Avarice. He was gener- ous to a degree so far that if he erred it was in not takeing sufficient care of his private interest. He expended yearly considerable sums in private charitie, which he managed so that none knew of them more than what could not be avoided and thereby in some degree doubled the charitie to many who received it."^ James Alexander was greatly overcome by the intelligence of the governor's death. " The death of Mr. Burnet," he writes to ex-Glovernor Hunter, " gave me the greatest grief & concern of anything I have met with, the world Loses therby one of the best of men, & I in particular a most Sincere friend & one to whom I Lay under the greatest of Obligations he was a man who bating warmth was almost without a fault & that by degrees he became nearer & nearer Master of & in time had he lived would probably have been entirely so." * Reviewing his career, after the lapse of more than a century and a half, the impartial stu- dent of that period will, we think, accept as just these tributes of his contemporaries to the character of Governor William Burnet. MAYOES OP NEW -YORK. Robert Walters was mayor in 1720 - 1725. Early in life he came to New-York and engaged in mercantile pursuits. He was an EngUshman by birth, and married a daughter of Jacob Leisler. At first the inheritance from her father was confiscated, but, being subsequently restored, it added materially to her husband's fortune. Be- sides the mayoralty Mr. Walters held several ofiioes of distinction and trust in the proviace, as appears from the course of this history. 1 Grahame's United States, 3 : 96. 2 N. Y. Hist. Soc. Coll., 1868, p. 216. 3 N. J. Archives, 5 : 271. Vol. II.— 12. 178 HISTOBY or NEW-YOEK Johannes Jansen was mayor in 1725. This name is again Dutch ; and while nu- merous branches of this family changed its orthography to an English one, or adopted as patronymics distinguishing titles derived from residence or ,. from some other circumstance, the mayor branch retained the J6%t> ancient form. He was a merchant. His residence being in the South Ward, he represented this in the common council as alderman for nine years, from 1704 to 1706, and from 1713 to 1718. The population during his term had advanced to 7500 souls. EOBEET LuETiNG was mayor for nine years, from 1726 to 1735. Commencing under Governor Burnet, his term extended through the whole of that of Montgomerie and to the last year of that of Cosby. He was the founder of that name in America, having been bom in England, and having settled in New- York in early life, not far from the close of the seventeenth century. He married the widow of a rich merchant, Richard Jones, by which his fortune was largely increased. Beginning in a humble way with sloops and voyages on the Hudson and adjacent inland waters, he expanded his enter- prises till they embraced foreign ports and required large merchant ships for the trans- porting of his merchandise. At the same time Mr. Lurting undertook various public duties. He was at this time a militia captain (but later rose to the rank of colonel) ; and put his mercantile training to good military use as a commissioner for the com- missary department in the fruitless Canadian campaign of 1709 - 1710. He served at different periods as assistant alderman and alderman for the South Ward, the Dock Ward, and the East Ward respectively, indicating several changes of residence. He was vendue-master for many years, his function giving him supervision over auctions. It was during his term, as will be noticed at some length in the succeeding chapter, that occurred the important event of the granting of the Montgomerie charter in 1731. He died while in office, in July, 1735, after a prolonged illness. The city had now reached 8000 inhabitants. CHAPTER VI THE CITY UNDEE GOVEENOB JOHN MONTGOMEEIE 1728-1732 N June 11, 1727, the first of England's kings of the name of George, and the first of the line of Hanover, died and was gathered to his fathers, and George II., his son, reigned in his stead. The change of kings in England was attended almost immediately by a change of governors for the provinces of New- York and New Jersey. William Bnrnet was transferred to the gov- ernment of Massachusetts. In August the lords of trade received of&cial notice that the new king had appointed in his place one of the gen tlemen-in- waiting on his Majesty while he was still Prince of Wales. This was John Montgomerie, Esq., of Dumfriesshire, Scotland, who had been bred a soldier and, according to some accounts, had attained the rank of colonel. But he had exchanged this active and stirring career for that of a member of parliament and a courtier. Unfortu- nately, his close association as groom of the bed-chamber with such a personage as George II. does not necessarily bespeak any high mental capacity. "A man is known by the company he keeps;" and while this old adage may not strictly apply to a man's accepting office in a king's household, stiU Governor Mont- /j gomerie's mind or morals need not / //7 ^ have been of a very exalted order to ()/ c/^l- % T ^ h^ 7?^ have made him a suitable companion and favorite of his master. Thackeray's picture of George II. is not very flattering: "How he was a choleric little sovereign; how he shook his fist in the face of his father's courtiers; how he kicked his coat and wig about in his rages, and called everybody thief, liar, rascal, with whom he differed: you will read in all the history books." A curious commingling of baseness and pathos is that presented by the scene at the queen's deathbed. With all his licentiousness the king was devotedly attached to his wife. When in her last farewell she advised him to marry again, his Majesty burst out, amid his sobs : "Non, non; j'aurai des maltresses ! " ^ I "Four Georges" (London, 1879), p. 35, et passim. 179 180 HISTOBT OF NEW-YORK There seems to have been no taint of an immoral nature upon Gov- ernor Montgomerie's character. He is represented to us, however, in all accounts of him as a person of a very dull intellect. But he pos- sessed the eminent merit, unusual in persons of his caliber, of acknow- ledging his deficiency, of not pretending to know more than he did. Nor is it apparent that he put forward the labor of others as his own, to cover his lack of industry or of knowledge in the sight of his superiors at home, as was the case of Grovernor Cornbury in presenting his plan of a Canadian campaign. As an instance of his modesty it is stated that he declined to preside over the Court of Chancery, on the avowed ground of his' inability properly to per- form the duty, although it was one of his functions as chief magistrate. At the same time his indulgent or indolent good nature enabled him to act more har- moniously than his able predecessors or successors Ml KW ^1^/ with the refractory provincial assemblies. In the ^'^'^ matter of that burning question regarding the grant THE MONTGOMBEiE of revcuue without specified appropriations, and for a ^^^^' number of years at once instead of from year to year, around which the battle between popular rights and royal preroga- tive had raged and was yet to rage for many a year, Montgomerie actually obtained more concessions than had Hunter or Burnet, be- cause he brought no special pressure to bear, and advanced no un- palatable arguments in support of the claims of the crown. We may regard the Montgomerie administration, therefore, as a suspension of the struggle which made us a nation at last. Vigorous occasion for its renewal, however, was abundantly supplied by succeeding gov- ernors, so that the time lost was quickly overtaken; and in this con- nection it is curious to observe that a little over a year after Mont- gomerie's arrival he was met by an act of opposition and defiance by one of the members of the council for acting in strict compliance with the acts of assembly regarding appropriations. When it came to signing the warrants for the quarterly salaries of himself and other officers of the government of the province, a protest against his man- ner of proceeding was made by Lewis Morris, Jr., the son of the chief justice. The next day this protest had been reduced to writing, and was read. It was judged disrespectful both to the governor, the council, and the assembly: on which ground Morris was ordered to apologize. He did so, but a week or more later he read a still more elaborate paper, criticizing the act of the governor' in signing the warrants. The council stood by the latter, and advised that young Morris be suspended from the council. The matter was referred to the king and the lords of trade, both sides presenting their ease. But the home authorities justly decided in favor of their representative ; THE CITY UNDEE GOVEKNOE JOHN MONTGOMEEIE 181 the king confirmed the dismissal of Morris and the appointment of Philip Courtlandt (Van Cortlandt) in his place.-^ After a very tedious sea-voyage of five months Governor Mont- gomerie arrived at New- York City on April 15, 1728. On that same day he published his commission, and a week later did the same for the province of New Jersey at Perth Amboy. In the previous Novem- ber Governor Burnet had dissolved the assembly. The writs for electing representatives to a new one were thereupon at once issued, but this assembly had not as yet met when Montgomerie arrived. He was advised by several men of prominence in the province, and even by Governor Burnet himself, to dissolve this assembly before it met. He thereupon took pains to consult with each member of the council privately, and with others outside, as to the advisability of this step. Their unanimous opinion was that the " most probable way to com- pose differences and reconcile all animosities" was to dissolve the assembly and call a new one. This was accordingly done, and the new representatives assembled for the first time after harvest.^ Among the first affairs of any public importance to which Mont- gomerie was called upon to give his attention was a conference with the Indians, for the purpose of conveying to them the presents usually bestowed at the accession of a new king or a new governor, and of confirming also the league of friendship with them. A very full account of this conference, which began on October 1, 1728, and con- tinued for some days thereafter, is furnished in the printed collection of colonial documents. There we may read the speeches delivered by the various braves, and the gracious replies by Governor Montgomerie. But as all this took place in the vicinity of Albany or Schenectady, it would seem proper to dispense with a reproduction of this long-drawn eloquence. The speeches are more fraught with words than with wisdom, and those which set forth the consuming love which George II. bore toward his savage compeers, must have almost rung with their very hoUowness.' We may briefly notice one other event coming nearer home — that of the settlement of the boundary line between New- York and Connecticut, which had formed the subject of contro- versy for so long a period, reaching back not only to the time of 1 " Council Minutes," XV : 337, 343 ; "Documents But one of the warrants gave only £260 instead of relating to tlie Colonial History of New York," 5 : £300 to Ms father, the chief justice ; and it is im- 877 - 888. Morris in his paper charged that the war- possible not to suspect a more sinister motive than rants were hastily or perfunctorily read so that the a desire for correctness in proceeding, in the per- members did not or could not pay attention to their sistent protests of this young man. When Gover- oontents, while some did not have a suflcient com- nor Hunter recommended the chief justice for mand of the English language to understand their that office he said that one of his qualiflcations was import. In his letter to the lords of trade, too, that he could live without a salary. The salary he made quite a parade of loyalty in criticizing the question seems, however, to have been quite an assembly for demanding separate and distinct an- important one in his family, nual appropriations of the revenue instead of a 2 Doc. rel. Col. Hist. N. Y., 5 : 855, 856. lump sum for a number of years, the very thing : 927. 2 The reader is warned not to make the mistake in reading this sentence whieh a recent historian has made, in recording it as a fact that the church, not the plate, was dedicated to Van Dam. Their adulation of their esteemed countryman would hardly have carried the pious Dutch people to this hlasphemous extravagance. 202 HISTOEY OF NEW-YOEK that abatement of partizan bitterness, as well as of fretful opposition of popular rights to real or fancied encroachments of royal preroga- tive, which had been realized under Montgomerie. On February 4, 173J, the lords of trade wrote to President Van Dam that his Majesty had been pleased to appoint Colonel "William Cosby to suc- ceed the deceased governor, and in August, 1732, he arrived in New- York. Now the days of peace were over, and the battle which then was resumed had no end until there was an end to the coming of colonial governors altogether. NUMBER OF INHABITANTS IN Y'' PEOVINCE OF NEW YORK, ANNO 1731: IS 60289, BESIDES INDIANS.' CITIES and COUNTIES. WHITES. BLACKS. 1731. SHEBIFFS. li I §1 1 03 » It §1 11 ID GO This would make it very dangerous to exerciftfuch. a Liberty Befides the Objefl: againjl wiiich thofe Pens muft be direfled, is The above fac-simile Is reduced from the origi- nal issue of Zenger's paper, measuring IVn by 12 inches, in the possession of the New-York His- JWir Soveteigo, the fole fupreamMk, nftme; for there being no Law L thofc Monarchies, but the WWX of tho Prrnce, it makes it ncceifary for his Mmiflcrs to confult his Plcafure, be- gre any Thing can be undJStfflteti : He IS therefore properly chnrgeabU with the Grievances of his Siibjefls and what the Minifter there afts baieg in Obedience to the Prince, he oug'ht not to incur the Hatred of the People ^ for it would be hard to impute thar lo-, him for a Crime,jivhich is iheFruitof his Allegiance, and for refufing which he might incurthe Penalties "of Trea- fon. Befides, in an abfolute \ionar- chy, the Will of the Prince beingihe Law.aLiberty of the Prefs to complaTn of Grievances would be complaint!^ againft the Law, and the Conftitution, to which they have fubmitted.or havff been obliged to fubmit; and therefore in one Senfe, may be fai'd to deferve Punifhment, So that under an abfe lute Monarchy, I fay, fuch a Liberty- is inconfiflent with the Conftitution, having_ no proper Subjcft in Politics, on which it might be exercis'd, and if cxercis'd Would incur a certain Penalty, But in a limited Monarchy, ^z Eng land Is, our Laws are known, fixed and eftablilhed. They are the ftreigh Rule and furc Guide to dii'eft theKingj the Minifters, and other his Subjefts : And therefore an OffenCe^gainil the Laws is fuch an Offence againft.lhe Conftitution as ought to receive a ^yt per adequate Punilhment ; the; Uves^ Coflfiff torical Society. A more complete file of the first volume of the " Journal " is included in the collec- tions of the American Antiquarian Society. Editor. 228 HISTOEY OF NEW-YOEK THE TAN COETLAUDT MANSION AT KINGSBEIDGE. resistance. Their argument is unanswerable because true. But its unrivaled power lay in its novelty. Few, in 1730, had even heard of the liberty of the press; fewer understood its meaning. It was many years before Junius was to complete his reputation by his powerful enunciation of the same truth. It was so long since Milton had written his great period on Truth's certain victory that it was forgotten. In the days of Swift and Addison few read Milton's prose. But week after week, in grave and stately sentences, the New-York writers kept up one long, loud cry, "The Liberty of the Press." The effect was startling. It spread from colony to colony ; a newspaper was soon established in Charleston that took up the cry ; Boston and Philadelphia watched attentively the struggle in New- York, and we may trace in the leading articles of the " New- York Weekly Journal " of 1733 and 1734 many of the ideas and sometimes the language itself that Otis, Franklin, and Adams made use of in defending and securing the liberties of the continent. It would be possible to collect many witty sayings and more wise ones from this sudden display of colonial talent. The wit is often harsh, the personalities cruel. Harrison is represented as a monkey who escapes into the country and arms himself with sword and pistol; next he is a spaniel who runs away from home. Cosby is never spared. An amusing satire of the alphabet shows that some letters are for- tunate, some unlucky, but that C is the letter ever fatal to New- York. Cornbury sold offices and took bribes, Coote (Bellomont) and Carteret were unfortunate, — a blank is left for Cosby. "When the governor's supporters urged that a certain respect was due to his position, "Cato" replied in the "Journal": "If all governours are to be reverenced, why not the Turk and old Muley or Nero?" and, "If we reverence men for power alone, why not the D ?" Some retainer of the court said it was best to keep well with a governor. The " Journal" replies : "A gov- ernour turns rogue, does a thousand things for which a small rogue would deserve a halter, . . . therefore it is prudent to keep in with him." For those who yielded to the seductions of court dinners and gave up their independence, the "Weekly Journal" has no mercy. The WILLIAM COSBY AND THE FEEEDOM OF THE PRESS 229 widows are made to complain that they are left out of the governor's invitations because they have no husbands to control; young women because they have no lovers on the jury. The court entertainments are a favorite aim of satire : they are wasteful, they corrupt and de- stroy. A correspondent complains of the swift growth of luxury; men now contend, he says, who shall wear the finest clothes, drink the costliest wines, have the most dishes on the table, and not, as of old, who shall be of most service to his country. One evening a letter was found in the house of the Honorable James Alexander, threaten- ing ruin to him and all his family. The news was spread over the town by Zenger's journal. Soon it began to be whispered that the hand- writing was that of the Honorable F. Harrison, member of the coun- cil. Harrison denied it with furious rage. He asserted that it was a forgery, that it was written by his enemies, William Smith and James Alexander, to do him injury. He even went to Zenger's house and threatened him with a beating. To clear himself from all con- nection with the letter, Cosby offered a reward for the discovery of its author; or perhaps he hoped to fix the authorship on one of his enemies. The affair made a great sensation in the city. Those who thought it a real threat from the court party feared for their lives and property; the governor and his friends looked upon it as a new insult from their foes. The story of this incendiary letter that roused all New- York to a strange excitement reads rather like a rude practical joke than a serious occurrence. As a party of guests were leaving the house of Mr. Alexander late on the night of February 1, they found the letter in the hall. It had been placed under the outer door, and was at once recognized as in the handwriting of Mr. Harrison, then a member of the councU. It was addressed "To Mr. Alexander": "I am one who formerly was accounted a gentleman, but am now reduced to poverty, and having nothing to eat, and knowing you to be of a generous temper, desire you would let me have ten pistoles to supply my neces- sities and carry me back to my native country. Unless you let me have them I 'U destroy you and your family by a stratagem which I have contrived." The letter directed the money to be placed at night in a bag in front of the house. It then said that if Alexander refused he would be poisoned ; if he complied, he would never be molested again. The handwriting was believed by Smith, Hamilton, Lurtiag the mayor, and Alexander, to be that of Harrison. Smith, the historian , suggests that the letter was meant to involve Alexander and his asso- ciates in some incredible way; they were to be drawn into a plot or criminated by forged signatures. But nothing shows more clearly the excitement of the time than the effect produced by this foolish letter. It was brought before the grand jury; they refused to indict Harri- 230 HISTOEY OP NEW-YOEK son on a mere resemblance in handwriting. But some traits of ex- treme malice on his part in another case lent probability to the charge that he meant injury to his opponents. Smith thinks too that the governor was planning a scheme "to hang Alexander and Smith," and Lady Cosby had often said openly that her "highest wish was to see them both on a gallows at the fort gate":^ so fierce were the tem- pers of New-York politicians, male or female, in the last century! Literature had made little progress in the rising city. There were no good schools; only one newspaper, Bradford's "New- York Gazette," appeared weekly, and a few books had already issued from his press. The "G-azette," a small folio sheet, was made up chiefly of extracts from foreign papers and some advertisements of property, runaway slaves, and shipping. As yet no political discussion was allowed, and few probably read the unattractive paper. It is probable that the majority of the citizens of New- York could neither read nor write. The women, the historian Smith ungallantly asserts, read little or nothing. There were no cultivated physicians, he adds, only a host of quacks and pretenders. The English language was slowly taking the place of the Dutch; in the Dutch churches the congregations were grow- ing smaller, while that of Trinity soon exceeded the capacity of the building. In portions of the colony a mixed language was spoken, made up of Dutch and English, no common-school system having as yet fixed the words of the nation and made way for the pure speech of Shakspeare and Milton to rule over the countless generations of the future; the common schools have given us a common tongue. Yet New- York was soon to share in the literary and scientific revival that was spreading over the other colonies. There is no doubt that the political discussions that grew out of the Zenger controversy aided greatly in awakening its intellect. It could not, in fact, linger long be- hind its fellows. In 1730-36, Franklin, a poor mechanic, was found- ing in Philadelphia literary clubs, libraries, and a newspaper of real excellence; and around him grew up men of science hke Bartram, Rit- tenhouse. Rush, and several writers of merit. Berkeley (1729 -1732) in Rhode Island had built his colonial house near Newport, founded clubs and literary circles, and written in his study or his garden the most tolerant of theological discussions, "Alciphron, or the Minute Philosopher." Berkeley is polite even to an atheist. From his school of thought came Samuel Johnson of Yale, afterward president of King's (now Columbia) College, and Jonathan Edwards, the philoso- pher; Berkeley endowed Yale College with his Newport farm, and gathered for it large contributions in England. With Berkeley began an American school of painting. He had brought over with him WILLIAM COSBY AND THE FREEDOM OF THE PRESS 231 Smybert, an artist, who afterward settled in Boston, took the por- traits of many eminent men, and founded a school in which Trum- bull, AUston, Stuart, and Sully surpassed their master. Berkeley's pure literary style, too, was imitated by later American writers ; he was one of the founders of American literature. As yet in New- York literary men were few. The Dutch clergymen were always good Latin scholars, and several of them wrote verses, but their language was unknown to the people. The Eev. William Vesey, the rector of Trinity, had been educated at Harvard as a Congrega- tional minister; he was fond of con- troversy and wasted his leisure in dis- putes. The French clergyman, the Eev. Louis Eou, a scholar, had been the friend of Grovernor Burnet, but seems to have wanted discretion and charity. It was not until Zenger and his associates began to write in the "Weekly Journal" that the intellect of New-York showed any animation or literary skill. With it began the practice of ready writing, and it is impossible to go through its series of essays, replies, arguments, sallies of wit, and bitter satires without feeling that a very remarkable degree of liter- ary talent had been reached by its supporters. Their discussions of the principles of free thought and speech, of the necessity of maintaining them, of the danger of a sluggish yielding to despotism, of the certainty of the final triumph of truth in the conflict with error, show that they had studied in the school of Milton and were familiar with the best clas- sic and EngUsh authors. There was a library in the City Hall, founded by the Society for the Propagation of the Grospel. A library in these early days wanted nearly all the familiar names of even half a century later. Johnson was still a dull, heavy young man, translating "Father Lobo's Travels" or indolently dreaming at Lichfield. Pope was in the full maturity of his satirical vein, emulating Horace and Juvenal. Hume and the Scottish school of history and philosophy were yet unheard of. In Ireland Swift was stirring up a fierce internecine feud that was never to cease; Berkeley was the philosopher, Akenside and Thomson were the new poets of the age, Bolingbroke the political teacher and reformer. And when Smith and Alexander were writing their acute discussions of liberty and free speech, they could have had few materials of research and few models of style and thought. 232 HISTOEY OP NEW-YOBK Shakspeare was perhaps on the shelves of the library in the City Hall, Dryden and some of the gross comic writers of the age of Charles, possibly an imperfect edition of Milton. But the list of Enghsh au- thors was still so brief that one wonders how Montgomerie could well have made up his collection of fourteen hundred volumes. The City Library was chiefly theological and polemical. Some popular works no doubt had crept into its shelves. There may have been some huge folio editions of the classics. Smith and Alexander constantly appeal to the example of the Roman republicans, a Cato or a Brutus, or to the empire and its decay. They had read Livy and Tacitus at least in translations. But the chief value of the City Library of 1730 con- sisted in its being the first, and in that it gave rise to larger collections of books. It was itself enlarged and transformed by the liberality of private citizens into that admirable institution, the Society Library of New- York. On its shelves may be found some of the early volumes from which Colden, Smith, and Alexander may have gathered their wit and wisdom. One of the founders of American literature and science was Cad- wallader Colden. He had come from Scotland already known for his talents and learning, and was made a member of the council by Gov- ernor Burnet. He belonged to the liberal party of which Smith and Alexander were the active leaders, but seems to have given his atten- tion chiefly to letters and science. He was the first to study the habits and manners of the native Indian races with care, and wrote an excellent account of them.^ At his seat at Coldenham, near New- burgh-on-the-Hudson, he practised agriculture and entertained men of science and learning. He corresponded with Bartram, was a mem- ber of Franklin's philosophical society, and was well known in Europe and America. New- York owes much to its Scottish governor and citizens, Burnet, Alexander, the Livingstons, Colden, and others, and has never ceased to show traces of their infiuence. But Colden could not as the friend of the reformers escape the intense dislike of Q-over- nor Cosby. He writes to England that Colden is "unfit to be trusted," he is a "spy"; "these infamous fellows," he calls his opponents, and never ceases to urge their removal from the council. He would have Thomas Freeman, Esq., who had married his daughter, appointed to one of the vacant seats. Colden's mind was incessantly active. He wrote a treatise on the plants of Coldenham, which Linnseus used, naming a genus, after him, Coldenia. Colden, too, wrote excellent medical treatises, on gravitation, mathematical papers, on the "climate and diseases of New- York," and many other pieces. He kept up an extensive correspondence with the learned, was lieutenant-governor 1 "History of the Five Indian Nations." It was printed by Bradford, New-York, in small 12nio, 1727, and afterward enlarged. WILLIAM COSBY AND THE FREEDOM OF THE PRESS 233 of New- York, one of the ruling intellects of the time. He died at eighty-eight, in 1776; unfortunately, he lingered too long in the royal party, and was forgotten. Driven from office by his foes, Morris was now the favorite cham- pion of the people. He had retired to his estate at Morrisania. But here he was not permitted to rest ; perhaps he was incapable of it. He threw himself at once into the politics of the time, and, although old (for he was now over sixty), became a candidate for the assem- bly. The story of his election, despite all the efforts of De Lancey and the court party, is pre- served for us in Zenger's journal, almost with the minuteness of a modern reporter. I shall abridge ''^e db lancey arms. it for the reader, since it tells us much of the manners of our ancestors. When Lewis Morris, in the autumn of 1733, appeared as the candidate of the people for Westchester, a very remarkable election took place. Few modern politicians would care to undergo the fatigues and the dangers that awaited the patriotic voters in 1733. There was fear that the court party might practise some fraud; fifty electors kept watch all night at East Chester, where the polling was to take place, until the morning of the election day. The other electors of Morris's party began to move on Sunday afternoon so as to be at New Rochelle by midnight; on their way they were entertained at plentifully covered tables in each house as they passed; at midnight they met at the home of an active partizan whose house could not contain them all. A large fire was made in the street, and here they sat till daylight came, in the damp air of a Westchester morning. At daylight they were joined by seventy mounted voters from the lower part of the county, and then the whole body moved to the polling place at East Chester in the following order: first rode "two trumpeters and two violins," the representatives of a modern band; then came four freeholders, one of whom carried a banner, on one side of which was inscribed, in golden capitals, "King George," on the other, "Liberty and Law." Next came the candidate, Lewis Morris, Esq., late chief justice, then two colors, and at sunrise they entered the common of East Chester. Three hundred of the principal freeholders of the county followed Morris on horseback, the largest number ever known to be assembled since the settlement of the town. Three times they rode around the green, and then went to the houses of their friends. About eleven o'clock, perhaps with still more state and show, appeared the candidate of the opposing party. It was William Forster, Esq., once a schoolmaster sent over by the Society for the Propagation of the Gospel, but now clerk of the peace and justice of the Common Pleas by the appoint- ment of Governor Cosby. It is suggested that he paid a hundred 234 HISTOEY OF NEW-YOBK pistoles for Ms office. Next him in the procession were two ensigns borne by two freeholders, and then came James De Lancey, chiet iustice, and Frederick Philipse, second Judge, baron, etc. ihey were followed by one hundred and seventy mounted freeholders, the magnates of Westchester County. They entered the green on the east side, rode around it, and as he passed it was noticed that De Lancey bowed to Morris and that the civility was returned. But now one of the Morris party called out, "No Pretender," and Forster said angrily, "I will take notice of you." It was reported that he was no friend to the Hanoverian family. An hour after came the high sheriff, finely mounted, with housings and trappings of scarlet richly laced with silver. The electors gathered on the green; the great majority was evi- dently for Morris, but the other side demanded a poll, and the voting be- gan. It was rudely interrupted when the high sheriff refused to receive the vote of a Friend or Quaker of large estate who would not take the usual oath. A fierce wrangle began. Morris and his friends insisted that an affirmation was suffi- cient; the sheriff, a stranger in the county, one of Cosby's instruments, persisted in his refusal. De Lancey and his friends sustained him, and thirty-seven Quakers, who were ready to vote for Morris, were ex- cluded by this unjust decision. Even in England they would have been allowed to vote. Fierce, no doubt, was the rage of the popular party. One of them called out that Forster was a Jacobite; Forster denied it. At last the "late Chief Justice" was returned by a large majority. He rebuked Forster and the sheriff for their attempt upon the liberties of the people, and threatened them with deserved punishment; but when all his followers answered with loud cheers, he restrained them from violence. De Lancey and his faction, we may fancy, rode sullenly away. But soon after Morris entered New- York in triumph, amidst salutes from all the vessels in the harbor. He was met by a party of the chief merchants and gentlemen of the town. The people followed him with "loud acclamations." He was conducted to the Black Horse Tavern, where a fine entertainment had been prepared, and where. ADMIRAL VEENON MEDAL FOB POETO BELLO.l 1 The above medal, copied from the original in the British Musenm, was made to commemorate the capture in 1739 of Porto Bello, hy Admiral Ver- non (1684:-1757), after whom Washington's resi- dence on the banks of the Potomac was named. Editor. WILLIAM COSBY AND THE FEEEDOM OF THE PBES8 235 amidst the flow of fiery Madeira and steaming punch, it is not likely that the governor and his followers were spared in the usual speeches. In the midst of their internal dissensions the colonists were sud- denly awakened to the danger of a war with France. England in 1733-34 was arming to be ready for any unlooked-for event. France, Spain, and Sardinia were carrying on a successful war against the German emperor: the French had never forgotten Blenheim and Mal- plaquet. An English fleet set sail to pro- tect Portugal against Spain. But no aid was sent to guard the frontier of New- York against the French. Here they were never idle, se- ducing the Iroquois from their league with the English, and strengthening their forts. The EngUsh garrison at Oswego was threatened. The savages were mutin- ous and revengeful. New- York felt its danger, and all its people united in measures of defense. The assembly met April, 1734. It passed at once liberal grants for the defense of New- York, Albany, and Schenectady. As the news from Europe became more alarming, the grants were increased. Six thousand pounds were voted for fortifying New- York, four thousand for a stone fort at Albany. Before this assembly William Smith, the eminent lawyer, argued against the legality of the Court of Chancery without success, the governor controlling the votes. A bill was passed making the affii'mation of the Friends or Quakers equivalent to an oath. The injustice they had suffered in the recent election BERTSTARDUS FREEMAK,BEDIETvfAAR ' y^V/ipyr^-i* £rt' '. ^<[ m^f^uf^' ^. ^M. The ReT. Bemardus Freeman, whose portrait is given above, was pastor of the Dutch church at Schenectady from 1700 to 1705. In the latter year he accepted a call to the Reformed churches of Kings County, L. I., including those of Brooklyn, Flatlands, Flatbush, Bushwick, and New Utrecht, which were then served by one pastor, and minis- tered to them for a period of thirty-six years. He resigned in 1741, the year of the negro plot, and died two years later. Editor. 236 HISTOBY OF NEW-YORK silenced the objectioBS of their opponents. To fill the empty trea- sury the assembly laid a tax of a shilling on every slave in the col- ony, and other heavy duties were imposed. Bills of credit were issued to a large amount : a correspondent of the " Journal " warned the legislature that if they persisted in creating paper money they would drive all the gold and silver from the province, as had already happened at Boston and Philadelphia. To revive trade they im- posed a duty on every foreign ship that entered the harbor : vessels owned in New- York were exempt from the tax. Then the house prayed the governor to dissolve, and their request was refused. The year 1733-34 passed on with little peace for New-York. The fear of the French and Indians still hung over the colony, trade was declining, several families emigrated to New Jersey, the assembly was adjourned, not to meet again until April, 1734. Fierce political dissen- sions raged in the little town. Party violence must have separated families, parted friends. Our ancestors were bold, strong, violent, ac- customed to harsh measures and bitter words; humanity has made great progress since then. Of its fine natural advantages no unwise government could deprive New- York. The great Hudson, flowing from far in the interior, seemed to our ancestors the chief of rivers ; the East Eiver and the bay drew in the commerce of Connecticut, Long Island, and New Jersey. Perth Amboy vainly tried to rival New- York. The province was stiU confined to a narrow strip of land along the Hudson, and a claim to all of Massachusetts beyond the Connecticut Eiver, and all Vermont. Still the slaver sailed into the harbor, and the chief merchants were engaged in the slave-trade. No one seemed to feel that it was wrong; white slaves were still im- ported from England. Large rewards were offered in the newspapers for the capture and return of white mechanics, and negro women who were good cooks. The whipping-post and the jail were too often the re- ward of those who labored. New- York received its first fire-engines about this time. They were imported from London, of the newest pattern, and were lodged at first in the City Hall. At the next fire that happened they were used with great effect, but the building was burned down. Our ancestors had been accustomed to use buckets of water, and had always in readiness large bags in which to put their valuables in case of fire, and then throw them out of the windows into the street. The bakers of the city complained that bread was im- ported in large quantities from the neighboring provinces, and asked the legislature to lay a duty on its importation. Flour was sold in considerable quantities from New- York. The wheat was raised near Kingston-on-the-Hudson and on Long Island. On the feast of St. Michael the archangel, the freeholders of New- York were directed by their charter to assemble in their wards and THE COLDEN ARMS. WILLIAM COSBY AIJD THE FREEDOM OF THE PRESS 237 proceed to the election of aldermen and assistants for the coming year. Not many modern voters in these less fanciful days would know when the medieval saint's festival occurred, or could understand why he was chosen to preside over a New- York election; but in 1734 the fierce spirits of our ancestors seemed to require the flaming sword of an archangel to hold them in check. The bitter enmities of the Leislerian tra- gedy had not yet died out, and were probably des- tined never to die. The court party were still the oppressors of the people. On September 29 the two factions met at the polls ; the contest had been long and violent ; the result was the complete overthrow of the governor's party and the election of a com- mon council in which he had but a single adherent, a Mr. Moore. The opposition celebrated their victory with new essays, songs, and satires. The governor denied, in a message to the assembly, which was now sitting, that he had any interest in the election. He even claimed a victory. The election in the city of a hostile board of aldermen and assistants roused the court party to fatal energy. They seem to have adopted the worst practices of Charles I. and Laud, all the insane violence of James II. In the little town, torn by wild excitement, Cosby hoped to crush his opponents by aid of his obedient judges. De Lancey charged the grand jury, in angry terms, that Zenger's paper was inculcating treason and dissension, and he pressed the in- dictment of the editor. The grand jury boldly refused to obey ; they paid no attention to the recommendation of the chief justice, doubt- ing both his discretion and his law. Next Cosby appealed to the assembly, which was then in session, for aid against his tormentors. His obedient majority in the council sent a message to the house, complaining of Zenger's and other "scurrilous papers"; they re- quested the appointment of a committee to consider with them what should be done with the offenders. They met October 17, 1734 ; the complaint was laid before the house on the 22d; but the assembly, ruled no doubt by the counsels of Morris and his followers, would have nothing to do with the affair. They were plainly unwilling to silence free discussion. The new cry, " The Liberty of the Press," rang in the ears of all Americans. The legislature wisely laid the complaint on the table. It would have been well for Cosby could he have paused here and yielded to the plain wishes of his people. But, like James II., he con- sulted only his own angry passions and resolved upon revenge. He evidently hoped to involve Morris, Alexander, and all his opponents in a common ruin. Two " scurrilous ballads " on the recent election of opposition aldermen in the city had produced a new excitement. 238 HISTORY or new-yokk They are not extant, but they must have been both pointed and bitter to have awakened so fierce a resentment in the ruling faction. The chief justice, De Lancey, presented them to the grand jury in terms that show his strong feeling. " Grentlemen," he said, " you must have heard of two scandalous songs that are handed about; it is yonr duty to enquire [sic] the author, printer, and publisher of them. Some- times heavy half-witted men get a knack of rhyming, but it is time to break them of it when they grow abusive, insolent, and mischie- vous." De Lancey was plainly no lenient critic of the poetical labors of his foes. The grand jury presented the "two scandalous songs": one on the recent " election of Magistrates in this city," the other " a song on the foregoing occasion." They were ordered to be burned by the hands of the common hangman, and the governor offered a reward for the discovery of the author or authors. He was resolved to break his opponents of their " habit of rhyming." Careless or un- conscious of the disgust of the people, of the reproaches of posterity, the obedient council next ordered the papers Nos. 7, 47, 48, and 49 of Zenger's journal to be burned "near the pillory by the hands of the common hangman." They declared them libelous and seditious. They were resolved to spare their opponents no humiliation, and directed the magistrates and newly elected aldermen of the city to be present at the burning. The aldermen flatly refused to obey. They denied the right of the governor and council to control their conduct or that of any city official.^ In vain the recorder, Harrison, pressed them with arguments drawn from the burning of Bishop Burnet's book or the precedents of the reigns of Charles and James ; the brave aldermen were not to be intimidated. Even the hangman of the city refused to serve the ruling faction. No one could be found to burn the papers. The sheriff then ordered one of his negroes to perform the unwelcome duty. It took place at the " pillory " on the east side of what is now the City Hall Park. Eecorder Harrison, with one or two of his party and some soldiers from the garrison, were the only persons present. The citizens by their absence showed their contempt for the folly of their rulers. The next step was the arrest and imprisonment of Zenger. The attorney-general filed an information against him for libel, and the council ordered him to be seized and carried to prison. The unlucky printer has left an account of his own harsh treatment that shows the bitter spirit of his opponents. He was seized " on the Lord's day," hurried away to the common jail, deprived of pen, ink, and paper, was permitted to see no one, and was at last allowed to speak to his wife and friends only through " a hole in the door." For one week the "New-York Journal" was silenced, but the next it appeared 1 " Zenger's Trial," pp. 1-6, has an account of the scene. WILLIAM COSBY AND THE FEEEDOM OF THE PBESS 239 with an apology from Zenger to his patrons, and an assurance that he would continue to print his paper even through the " hole in the door," In his narrative of his trial, printed afterward in Boston, he relates the hardships to which he had been exposed for advocating the cause of a free press. Its accuracy has never been doubted ; it was probably written by Smith or Alexander.' " As there was but one printer in the province of New- York," he says, "that printed a public newspaper, I was in hopes if I undertook to publish another, I might make it worth my while, and I soon found that my hopes were not groundless. My first paper was printed November V. 1733, and I continued printing and publishing of them, I thought to the satisfaction of everybody, till the January following when the chief justice (De Lancey) was pleased to animadvert upon the doctrine of libels. In a long charge given in that term to the Grand Jury and afterwards on the third Tuesday of October, 1734, was again pleased to charge the Grand Jury in the following words — ." He then gives De Lancey's charge, and adds "but, the Jury did not indict me." Then came the refusal of the assembly to notice the request of the coun- cil; the burning of the papers, November 2, 1734; the refusal of the aldermen to attend ; the order of the council, sitting at Fort George, for his arrest; his imprisonment on Sunday. " I was for several days deprived," he says, " of the use of pen, ink, and paper and the liberty of speaking with any person." It is not difficult to conceive the excitement and interest in the little town at the news of Zenger's arrest. It was a threat to the majority of the people, an arbitrary act that placed them all at the mercy of their rulers. " Some friends," he says, brought him before the court to obtain bail. De Lancey, a hostile judge, fixed it at so large a sum that he could not ask any one to become his surety: the sum required was " ten times as much as it was in my power to counter-secure." At the hearing before De Lancey the court-room was filled with hun- dreds of citizens, looking with no friendly eyes upon the partial judge: the court party was in a small minority in the city. New- York had expressed its wishes at the recent election, and the people must have looked with real alarm upon the actions of their opponents. The 1 See "A brief narrative of the Case and Trial of John Peter Zenger of the ' New-York Weekly Journal,' for libel " ; reprinted by John Holt, at the Exchange, 1770. I believe the original pam- phlet is not in existence. The illustration on this page furnishes a good idea of the uniform worn by the soldiers of the 43d Regiment of foot, a regiment raised in North America in 1740, and composed entirely of colonial troops. The copy is made from a drawing found in the library of the British Museum. I saw another copy at Strathfleldsaye. Editor. 240 HISTORY OF NEW-YOKK Presbyterians still felt their wrongs ; it was even rumored that Cosby intended to seize on one of the Dutch churches for the ruling sect ; religious fears and violence added to the excitement of the hour. Zenger was taken back to the prison, where he remained until Tues- day, January 28, 173i, when, as the grand jury had refused to indict him, he should have been discharged. " But my hopes were vain," he says, for the attorney-general brought a new charge against him for printing in his papers Nos. 13 and 23 matter ''false, scandal- ous, and seditious." Again 4(e was brought up before the .hostile court. But his counsel, Smith and Alexander, acute and bold, now assumed a posi- tion that involved all the past acts of Governor Cosby. They objected to the validity of the appointment of De Lancey and Philipse as judges. They had been appointed "during plea- sure " ; it should have been dur- ing "good behaviour." Morris, they urged, had been improp- erly removed from office — the governor could not displace an official without consulting his council. By both statutory and common law his acts were void. On Tuesday, April 15, Mr. Alex- ander offered to argue these points before his excellency the chief justice. It is easy to fancy the rage of the presiding judge at this appeal from his authority. He warned the two lawyers. Smith and Alexander, that they should consider well the consequences of their boldness. The next day, at the meeting of the court, he ordered them to be expelled from the New- York bar, and refused to allow them to say anything in their defense. He said : " You thought to have gained a great deal of applause and popularity by opposing this court, as you did the Court of Exchequer, but you have brought it to the point that either we must go from the bench or you from the bar." jSTo lawyer of eminent talent seemed left to defend Zenger and the freedom of the press. The day of trial came, the most important in the annals of the city. De Lancey and Philipse sat upon the bench : the court-room was crowded by all the leading citizens of New- York. The court party were certain of an easy triumph ; there was appa- ^imUOM- WILLIAM COSBY AND THE FREEDOM OF THE PEESS 241 rently no one able to meet them in argument and defend the prisoner. There was at this time an eminent lawyer in Philadelphia, Andrew Hamilton. He was of English birth, had practised law with success in London, but had emigrated to Philadelphia, where he rose high in reputation and wealth. He was now old, in bad health, but his mind was never more vigorous, nor more eager for an honorable fame. The friends of Zenger sent to him to come to their aid and defend the freedom of New-York. Hamilton consented with a chivalrous zeal and pure devotion that mark only the highest order of intellect in his profession. It was the 4th of August, 1735, when, in the crowded court-room on a hot day of a New- York summer, the prisoner was brought to the bar. He was to have a struck jury selected from a number of freeholders. The clerk of the court attempted some irreg- ular proceeding, and De Lancey was forced by the prisoner's attor- ney, John Chambers, to correct him. Bradley, the attorney-general, opened the charge against Zenger. He accused him of publishing certain passages in his paper that were " false, scandalous, and sedi- tious." They suggested in an ironical way that in New- York the liberty and property of the people were in danger ; that they were sinking into slavery, that judges had been removed without cause, deeds destroyed that were of great value, new courts erected, the trial by jury set aside. It was a bitter satirical review of Cosby's administration, told by a citizen of New- York who was about to emigrate to Pennsylvania. Juvenal's satire was possibly in the mind of its composer. Bradley showed all the evils that would flow from language like this and the contempt that must fall on the government. Hamilton had come to the court apparently unknown to his oppo- nents. He now rose and said: "May it please your honor, I am concerned in this cause on the part of Mr. Zenger, the defendant." The surprise of the crowded audience may well be imagined when the famous lawyer rose to address the court. "I '11 save Mr. Attorney," he added, "the trouble of examining witnesses"; he admitted the pub- lication. Bradley then called for conviction. "Not so neither, Mr. Attorney," said Hamilton, "you have something more to do : the words must be proved libellous." And then began a remarkable intellectual contest between the young and overbearing chief justice and his hos- tile court, and the grave, keen, cultivated counsel for the defendant. De Lancey insisted that the law was that the truth of a libel made no difference— it was a libel still. Hamilton urged that the decisions of the Star Chamber were not binding; that men had a right to complain of an unjust government and oppressive laws. De Lancey repeated his decision and said: "Mr. Hamilton, we expect you to use good man- ners." Hamilton said he wished only to be heard in defense of his position; the chief justice refused to listen to him. "I thank your Vol. II.— 16. 242 HISTOBY OF NEW-YOEK honor," Hamilton said, and then turning to the jury continued : " Gren- tlemen of the jury, to you we must now appeal for witnesses of the facts we have offered and are denied the liberty to prove : you are to be the judges of the law and the facts." It would be impossible here to give any distinct idea of this wonderful speech. Its chief trait that raises it above all others is its prophetic novelty. In the midst of the dim, unfixed notions of the age of monarchy and tyranny, it brings into a clear light all the principles of free speech and free thought that rule among us to-day. " Shall not the oppressed have even the right to complain : shall the press be silenced that evil governors may have their way ? " On this theme for hours the best people of New- York listened with deep interest to the rare and inspiring eloquence of the aged orator. He painted the danger of unlicensed power, and likened it to a raging stream that breaks its banks. He turned aside with easy irony the interruptions of the chief justice and the attorney- general. He felt that he had the sympathy of the jury and the people. He closed his speech with a touching peroration. " I am truly un- equal," he said, " to such an undertaking [the defense of freedom] on many accounts, and you see I labor under the weight of many years and am borne down with great infirmities of body ; yet old and weak as I am, I should think it my duty if required to go to the utmost part of the laud, where my services could be of use in assisting to quench the flame of prosecutions set on foot by the government to deprive a people of the right of remonstrating and (complaining too) of the arbi- trary attempts of men in power. But to conclude : the question before the court and you, gentlemen of the jury, is not of small nor private concern ; it is not the cause of a poor printer, nor of New- York alone, which you are now trying. No! It may in its consequences affect every freeman that lives under a British government on the main of America. It is the best cause, it is. the cause of liberty ! and I make no doubt but your upright conduct to-day will not only entitle you to the love and esteem of your fellow-citizens ; but every one who pre- fers freedom to slavery will bless and honor you as men who have baffled the attempts of tyranny and by an impartial and uncorrupt ver- dict have laid a noble foundation for securing to ourselves, our pos- terity, and our neighbors that to which nature and the laws of our country have given us a right — the liberty both of exposing and opposing arbitrary power (in these parts of the world at least) by speaking and writing the truth." The last words of the venerable orator must have thrilled the New- York audience who had so long listened in silence. They were pro- phetic ; in America at least there should be freedom of speech and thought. But to the court party the words of the orator had no meaning. Bradley, the attorney-general, rose and demanded the "WILLIAM COSBY AND THE FREEDOM OF THE PEESS 243 conviction of Zenger; the chief justice charged the jury that they must convict him. The jury boldly refused : they declared the defen- dant " Not Guilty." ' The scene that followed is one that has never been repeated nor paralleled in a New- York court-room. The instant the verdict was rendered the audience broke into loud cheers of tri- umph that must have resounded in Wall and Broad streets almost to the governor's mansion in the fort. Eage, amazement, terror, we are told, appeared on the bench. One of the judges threatened with imprisonment the leader of the applause. But Captain Norris, the son-in-law of Morris, rose and said that applause was common in "Westminster Hall, and was loudest in the acquittal of the seven bishops. The allusion was at once felt in the excited audi- ence. Before the judge could re- ply the shouts broke out again, and the court-room rang with huzzas for the champion of lib- erty. Hamilton was carried al- most on the shoulders of the crowd to a fine entertainment that had been prepared for him. The next day, when he set out for Philadelphia, the whole city came to the waterside to do him honor. He entered the barge under a salute of cannon. The corporation presented him with the freedom of the city in a gold box, with inscriptions that declared his virtues and his great ser- vices ; never lawyer deserved so well the applause of his countrymen. George II., "by the Grace of God, King, etc.," had confirmed, in 1731, the charter of the city of New- York known as "the Montgom- erie Charter." Very few kings have had less claim to the grace or favor of any one human or divine. He was selfish, cruel, a bad son, a bad husband, ignorant, narrow, vain. His ministers and friends in general were not unlike him. Walpole had all his vices and was utterly unscrupulous; Newcastle was so ignorant and so untrust- worthy as to be the laughing-stock of his contemporaries. It was an 1 The names of the jurors who decided this im- portant question were : Thomas Hunt (foreman), Harmanus Rutgers, Stanley Holmes, Edward Man, John Bell, Samuel Weaver, Andries Maers- chalk, Egbert Van Borsom, Benjamin Hildreth, Abraham Keteltas, John Goelet, and Hercules Wendover. "Honest" Henry Beekman, the sheriff, made the panel, or list from which they were taken. 244 HisTOEY or new-yobk age of extreme political corruption. At the court of London offices ■were openly bought and sold : the king's mistresses ruled in politics except where Queen Caroline interposed; bribes were given openly; parliament was a center of corruption ; society was degraded by bad manners and open vice. Yet it was to the court of London that New- York was obliged to look for a redress of its grievances, and it was to the manners and fashions of London that Cosby and his associates turned for example and instruction. He was in constant correspon- dence with Newcastle and the lords of trade. At first his letters are full of pleasant anticipation, soon they become laden with com- plaints; they are sometimes of excessive length, and it is not likely that Newcastle ever read them. But on December 6, 1734, Cosby writes one to the duke, full of even more than his usual violence and bad spelling: "The behaviour of a certain membei-," he says, "I have too much occasion to mention." This was James Alexander. He de- nounces the " scurrilous cabals formed against the government " by Alexander, Morris, Van Dam, and others. " Morris," he says, " has fled to England" to escape punishment. "The most abominable, detestable villany that ever was committed," he thinks, was the Alex- ander letter. William Smith is " another declared incendiary." It is not a flattering picture that he draws of our ancestors, and the Eng- lish ministry, if they ever read the letters, could have formed but a low estimate of the politicians of New- York. Morris and Yan Dam wrote to their friends in England with equal severity of their oppo- nents. Morris complained that after " nigh twenty years " of faithful service, he had been driven from ofiBce by the sole orders of the gov- ernor. The council had not been consulted, no directions had been sought from the crown. Cosby came to the council and handed to De Lancey a notice of his appointment. He accuses Cosby of taking money illegally, of various misappropriations of the public funds. " No man," he says, " was ever so universally hated as he is." ^ Cosby had already charged Morris with " want of probity," with spending nights in "intemperate drinking," and with showing favor to dis- senters. Suddenly New- York, in the autumn of 1734, was surprised to learn that the Honorable Lewis Morris had sailed for England, as Cosby said, "laden with calumnies against the government," and to escape the penalties of the law. The governor had offered a reward for the discovery of the author of certain articles in the " Journal." The year 1735 passed on, ever memorable in the history of New- York. A fatal accident in July had marked the laying of the first stone of the battery "on the rocks at Whitehall." The governor and a group of spectators had assembled, a salute of cannon was fired, a gun exploded, killing the high sheriff of the city, a Miss Van Cortlandt, and 1 Moms to lords of trade, August, 1733. WILLIAM COSBY AND THE FREEDOM OF THE PRESS 245 a son-in-law of one of the aldermen. A single ferry to Brooklyn existed at the time : a barge or rowboat was the representative of the countless ferry-boats, swift and splendid, that now cover the harbor of New- York. The cost of ferriage was high ; a horse paid one shilling, a wagon five shillings, only a " sucking child " went over free.' Through all its po- litical struggles New- York was still the gay, convivial city it is painted by the historians of the time." It was called "one of the most so- cial places on the continent." The birthdays and other anniversaries of the royal family were celebrated .,, -T, . ,. „ .. , n SHILLING, GEORGE II. With illuminations, feastmgs, balls, and military parades, from which few went home sober. G-reat inequality of wealth marked the little city. A few held immense estates. Caleb Heathcote, the richest man of the day, died worth one hundred thousand pounds. He left his daughters each twenty-five hundred pounds in money. The large landowners had probably not great incomes. But very great extravagance is complained of in jewels, plate and furniture, horses and slaves. One family had forty negroes. But few in New- York could live without labor or a trade. It is probable that the working-classes lived in abundance of food and in comparative comfort. Fruit, meats, game, and vegetables were cheap. The houses were usually surrounded by a garden. Broad- way was lined with trees, and the heat of summer was tempered by the winds from the bay. In winter the cold was severe. The legis- lature met in October, 1735, but could do little. Cosby had lost the confidence of some of his warmest adherents. It is said that he was universally distrusted. Yet he seems to have been a pleasant companion, an affectionate husband and father. Had he secured better advisers, he might have proved a useful official. One act should be remembered to his credit. He urged the assembly to lay a heavy tax on the importation of negro slaves, as he would discourage the traffic. An almshouse was built about this time in the Fields or park. Here slaves were kept for correction, and the very poor sheltered. But few new buildings were erected in New- York. The bad govern- ment checked population. The last days of Cosby's administration were filled with mortifi- cation and pain. He had been seized with consumption, and was slowly passing away. Now and then his physicians gave him hopes of recovery, and his amendment was announced in the courtly "Gazette." His mental may have been the cause of his physical suffer- 1 Laws of New- York, 1735, Smith and Livingston. 2 Smith's Hist, N. Y., p. 224 ; see also Kalm and Buruaby. 246 HISTOEY OP NEW-YOEK ing: all Ms plans had failed, all his hopes of wealth and power were gone. The ministry in England had grown weary of his endless complaints, and were convinced of his want of discretion. They had decided in a royal council that Morris had been improperly removed from ofiace. They paid no attention to Cosby's charges against his enemies, and reproved him for voting in the council. He had been guilty, too, of acts that were criminal in their nature and might lead to an impeachment. Some deeds that had been intrusted to him to prove the title of the corporation of Albany to the lands of the Mohawks, when their tribe should dissolve, he threw into the fire. He was resolved to divide the country among new patentees and reap a harvest of fees. He threatened the landholders of Long Island with a new survey of their lands and a general alteration of their boundaries. Here, too, he prob- ably looked for large profits. But soon his fatal disease gained in strength; the chill winter of 1735-36 probably hastened its progress; the winds from the river raged around the exposed fort at the Bowling Green, and the governor grew weaker as the cold deepened. But his passions had not yet died, and a strange scene was enacted in the bedchamber of the dying official. The coun- cil were summoned to meet for the purpose of removing Rip Van Dam from his place as councilor; Cosby ordered his name to be stricken from the list. He thus infiicted a last mortification upon his old enemy. It was his last act of pure tyranny. But his friends and followers evidently thought that with Yan Dam at the head of affairs some of their misdeeds might be brought to light, and some of Cosby's ill-gotten gains be reclaimed. Clarke, his friend, the next councilor on the list, was to succeed him in case of his death. Cosby died at the fort soon after, on March 7, 173f, and was buried with proper ceremonies : New- York showed a decent respect to its governor. Of the subsequent fortunes of the remarkable men whose rare abilities made New- York a center of mental progress at this time, the reader may desire some particulars. Morris, the former chief justice, was appointed governor of New Jersey. Here he passed in honor and ease the close of his active life. His son was married to a de- scendant of Abraham Glouverneur ; his grandson was the Gouverneur Morris of the Revolution. Thus were united in one brilliant intellect CBOWN, GEOEGE II. WILLIAM COSBY AND THE FEEEDOM OF THE PEESS 247 the impulses that awoke Leisler to a rash resistance against religious tyranny and Lewis Morris to a successful struggle for liberty of speech. De Lancey, always one of the leaders of his time, a good scholar, an indifferent writer, died in 1760, lieutenant-governor of New- York. He, too, founded a family often distinguished in politics, letters, and the English Church. Alexander, Golden, and Smith all left descendants well known to American history. The son of William Smith wrote the first English history of New- York. Lord Stirling (William Alexander) might have won a title could he have joined the royal faction ; Zenger's paper was successful ; when he died it was carried on by his wife and son. The "New- York Weekly Journal" led the way to the wonderful achievements of the New- York press. The liberty it won for its successors has not been abused ; but the monument to the memory of John Peter Zenger has yet to be raised. New- York, we may well remember, was the first of the cities to assert the liberty of the press when, all over Europe and America, thought was chained and intellect imprisoned. In Prance the satirist or the reformer was fortunate to escape with a few years' imprisonment in the Bastille. Even Holland, declining in energy, had lost much of its early mental freedom. England and Ireland rang with complaints of suffering authors and printers. Paulkner in Dublin, Barber in Lon- don, and later WoodfaU, Junius, and Wilkes, showed how sternly the conservative faction held learning, knowledge, wit, and humor in bondage. But in New- York all was changed. The author and the printer had triumphed: the cry, the "Liberty of the Press," had gone over the world from our infant metropolis. The shout of the multitude that celebrated the victory of truth still seems to ring over the site of the old City Hall. It is the liberty of speech and thought that has made New- York fortunate and changed the destiny of mankind. The populace of New- York, it is said, rejoiced at the death of Grov- ernor Cosby ; they were still wanting in the refinement that prevents the modern from exultation even in the death of a foe. They hoped at once to come into power ; but they were deceived, and a fierce con- test followed that had nearly led to civil war. The council met, passed over the claims of Van Dam, and selected Mr. George Clarke as its president. Alexander alone of the councilors voted for Van Dam. The popular party, enraged, insisted that the proceeding was illegal. Van Dam assumed the presidency, demanded the seal of the province from Mrs. Cosby, nominated a mayor and other officials, and prepared for resistance.^ Clarke and his party held possession of the fort, armed themselves, and were equally resolved to rule. The 1 Doc. rel. Col. Hist. N. Y., 6 : 46, Clarke to Newcastle, March 16, 1736. Van Dam went to the fort, biit was not admitted. 248 HISTOEY OF NEW- YORK assembly met, but finding the two parties irreconcilable, adjourned until the autumn. For some months New- York remained on the brink of a violent civil contest, its small population of perhaps ten thousand whites almost ready to come to blows. The court party were evidently in the minority ; but the fort and its garrison held the people in check. At length, in. October, 1736, when the contest was at its height, a ship from England sailed into the harbor bringing with it the appointment of Gleorge Clarke as lieutenant-governor of New- York. In the face of this decisive action on the part of the home authorities in favor of one of the claimants, resistance ceased, and the patriots were in future to confine themselves to the limits of legal resistance to the foreign rule. Mr. George Clarke, who soon after received his commission as lieu- tenant-governor, was one more of the impoverished adventurers who were sent from England to rule the people of New- York. He had practised as an attorney in Dublin, had but little education, and his letter describing his voyage to Virginia shows his want of experience and his unfitness for any office that required intelligence and self- control.^ Yet he had powerful friends at court, and in 1703 was appointed by Queen Anne secretary of the province of New- York on the death of Matthew Clarkson. Not long after he married Anne Hyde, a distant relative of the queen and of the famous Clarendon. He had his country-seat at Hempstead Plains, Long Island, where he had purchased a hundred acres of land from Walter Dongan; and here he lived with his wife and children and his wife's mother, Mrs. Hyde, and grew rich rapidly. He was made a member of the council, he aided Cosby in all his violent measures, he was made lieutenantT governor by the aid of his English relations, and he strove in every way to exalt the prerogative of the crown. He sold his estate at Hempstead in 1738 and removed to New- York. He was less pleasing in his manners than Cosby, being cold and severe ; but he had more prudence, and knew at times how to yield to the popular will. He was resolved, however, to maintain the royal prerogative, and his opportunities of enriching himself he would never forego. The whole of this period of seven years in which Clarke held office is marked by the steady rise of the popular party to power.^ It is one of the most important in the history of our state. The people, represented in the assembly, took into their own hands the control of the moneys raised and expended by the province. In vain the court party and the lieutenant-governor insisted on a permanent revenue and unrestricted grants ; the assembly steadily refused to yield. Step by step it made its way to power. It addressed the English officials 1" Voyage of George Clarke," O'CaUaghan. 2 Clarke to Newcastle, May 16, 1736, asserts that His letter shows his youth, his bad spelling, and they planned an insurrection, his easy morals. WILLIAM COSBY AND THE FREEDOM OP THE PRESS 249 in language that showed a new spirit had risen among the people. Under the guidance of Alexander, Lewis Morris, Jr., Smith, and others,^ it studied and discussed the principles of free government and suggested many of the ruling ideas that led to the final contest with England and the liberation of the New World. No part of our history deserves more careful study. One of the earliest proofs of the victory of the people was the city election of September 29. Nearly all the officials chosen were of the popular party ; among them were a Roosevelt, Bayard, Beekman, Pintard, Stuyvesant, and several other well-known names. The election had been carried on with alL the violence of faction. The court party called their opponents " a Dutch mob"; and Zenger's "Weekly Journal" retaliated with sharp abuse of the " courtiers." Soon after Lewis Morris came over from England, full of his triumph, and was received by the people with wild acclamations. The assembly met in October, and at once recognized Mr. Clarke as president of the council. His commission as lieutenant-governor was published, and Van Dam's claims were set aside. Little was done at its meetings. It soon offended the court- party by guarding against any misapplication of the revenue by the lieutenant-governor and council; the vote was so offensive to Mr. Clarke that he at once called the house together and dissolved it.^ Thus, after nine years of various fortunes, of extravagant expenditures, and of subservience to the wishes of the court party, the assembly separated. For nine years no general election had been allowed to New- York. The new elections were carried on with all the usual violence of our early factions. The court party strove to win by flat- tery and bribes, but their opponents were everywhere successful. The city elected James Alexander ; Colonel Lewis Morris, Jr., represented Westchester. The new assembly met on June 15, 1737, and the lieutenant-governor, wiser than his predecessors, sought to win its favor by compliments and fair words. Colonel Morris brought in bills for regulating elections ; Alexander, others for encouraging man- ufactures and trade. In September the house met again, and, in a very remarkable address to Mr. Clarke, defined the principles that were in future to control its action. It demanded frequent elections, it spoke of the lavish grants of its predecessors, of the peculations and waste that had led to the present impoverished condition of the pro- vince ; it declared that it would grant no more money unless it were protected from misapplication by the governor, and no revenue for a longer period than one year. It spoke too of the " unreasonable dis- regard and contempt" shown to previous assemblies by the former 1 Clarke's numeroas letters to the lords of trade 2 Clarke had suggested that Alexander, Smith, show his want of discretion and their folly. All his and Colonel Morris should be arrested and sent acts are done under their orders. See Doc. rel. over to England. Letter of October 7, 1736, to Col. mst. N. Y., VI, for his correspondence. lords of trade, Doc. rel. Col. Hist. N. Y., 6 : 78. 250 HISTOBY OF NEW-YOEK governors ; and it showed a bold spirit of independence and conscious power that the officials were forced to respect. Clarke yielded grace- fully to the remonstrance, and thanked the house for its address. A disputed election between Messrs. Van Home and Philipse, however, Mi»i?W^^ Scale of Mile. , popple's plan of NEW-yORK AND ITS ENVIRONS, 1733. aroused the two factions. Philipse had been elected by the votes of aliens and Hebrews ; in the debate that followed. Smith, the famous orator of the liberal side, strove to exclude both, and his unwise and ungenerous assault upon the Jews is said to have been a wonderful example of ill-directed eloquence. The house, carried away by his arguments or his invectives, excluded the Hebrew vote. But the aliens WILLIAM COSBY AND THE FREEDOM OF THE PRESS 251 were admitted, and Philipse took Ms seat. Among the members of this assembly were Colonel Van Rensselaer, Colonel Schuyler, Frederic Philipse, Philip Livingston, Colonel Beekman, Grulian Verplanck, and John Cruger, who was mayor of New- York, the father of the founder and first president of the Chamber of Commerce. The lieutenant- governor required of them a fixed revenue for his term of office : they had voted him a salary of fifteen hundred and eighty pounds, but he insisted that by limiting the taxes to one year they had shown a spirit of disloyalty. He summoned the house before him and dis- solved it, — a dangerous step that only served to rouse anew the free spirit of the people. War meantime had broken out between England and Spain, and the colonies were threatened with an attack from Havana. But when the lieutenant-governor and the council ordered thirty seamen to be impressed in New- York for the English ship Tartar, the mayor re- fused to obey their order. He would allow no impressment within the liberties of the city, and the English officials were forced to sub- mit. A new election took place for an assembly that met in March, 1739. It soon showed its hostility to Mr. Clarke by reducing his salary to thirteen hundred pounds. The smallpox now raged in the city, and in August the deputies met at the house of Harmanus Rutgers, near the Fresh Pond, this being thought a safe distance from the in- fected districts. The smallpox and the yellow fever were the frequent scourges of New- York. Colden, who was a physician, wrote useful treatises on their proper treatment. The governor still urged the house to grant him a revenue in gross, leaving its disposition to the officials ; they again refused ; he was forced to submit, and the house was adjourned until April, 1740. They had voted liberal sup- plies and provided for the support of the credit of the paper currency. The cost of the English war with Spain bore heavily on the provin- cials. New- York under this administration had made some advance in trade and prosperity. It was still weighed down by a heavy debt ; its revenue was far exceeded by its expenditure. But the natural advantages of its situation began to make themselves felt in the midst of the dangers of war and of a bad government. Its exports were considerable. New- York flour was already highly valued, and was sent in large quantities to the West Indies. A heavy tax was laid on the importation of African slaves, and formed a considerable part of the revenue. The city showed traces of increasing wealth. Fine country houses were built at Greenwich, Bloomingdale, and on the East River; in the city the De Lancey House, just above Trinity Church, where the City Hotel stood for many years, and Sir Peter Warren's were large and costly buildings. Abraham De Peyster lived in his great mansion in Queen street, in the midst of his extensive gar- 252 HISTOEY OF NEW-YOBK dens ; he was very liberal, and one of the wealthiest men of the time. He left many descendants. About this time Water street was begun, and Rector and Cortlandt streets were opened on the west side. A taste for country life began to prevail among the citizens : the Morrises still preferred their seats in Westchester or New Jersey ; the De Lanceys had a country house at Bloomingdale, and within the next twenty years the whole island was covered with fine villas and rural homes. Trinity Church, enlarged and decorated, formed now the chief orna- ment of the city. Wall street was laid out, and the beauty of Broad- way, shaded by fine trees, and lined by fair houses, on the tops of which were balconies where the people sat on summer evenings to enjoy the breezes from the harbor, is celebrated by European 'travelers. New- York was still the gay, social city where many houses were thrown open with generous hospitality. Clarke and his excellent wife, Anne Hyde, were no doubt liberal entertainers. Mrs. Clarke was a dignified, discreet, and amiable woman, who won the good will of all by her unassuming virtues. Her temper was so mild that nothing seemed to disturb her; she ruled her husband by a gentle influence, and saved him from many errors. But in May, 1740, she died, to the great grief of all the city. To the poor she had always been a liberal friend. She had been accustomed to distribute food among them, and at her funeral loaves of bread were given away to all who would receive them. She was buried in the vaults of Trinity Church, by the side of her mother and of Lady Cornbury. As the spring of 1741 came on, the city was swept by one of those wild panics that have always attended upon slavery. It was believed that the negroes had formed a plot to seize or destroy the town : the masters looked with suspicion and hatred on th ose they h adwronged ; the slaves perhaps we^:T^4X-to--se c^liberty ^^^5Bd- rev^TTge ~^ has nowhere presented itself in a more Odious form than in early New- York. The slaves for small provocation were whipped and tortured. Often wild savages from Africa, taken from the slave-market in Wall street, barbarous, brutal, they were constant objects of suspicion and fear. It is supposed that they formed at this time about one sixth of a population of twelve thousand, and were plainly incapable of making any effectual resistance to the white owners and the garrison in the fort. But the rumor of a plot, to bjzaided by the intrigues of the ^aniard s, now drovejliemost reputableciHzenslnto~deeds~Dfunex- ainple d cruelt y. Itrtornis~Eli§~darkei^t bloTuponTTheTiiStcjry-af-^^'Sw- YorkT^DnTFebruary 28 a robbeiy was committed that was traced to the house of Hughson, a place where the slaves had been accustomed to meet, drink, gamble, and secrete their stolen goods. Hughson was a man of infamous character ; his indentured servant, Mary Burton, became the chief witness against her master and the other victims. WILLIAM COSBY AND THE FREEDOM OF THE PEESS 253 JOURNAL O F T H E PROCEEDINGS I N TheDeteftion of the Confpiracy FORMED Br Some JVhite. People in Conjundion with Negro and oKhe'S: Slaves, FOR Burniag the City of NEfV-TORK in America, And Murdering the Inhabitants. Which Confpiracy was partly put iii Execution, by Burning His Majefty's Houfe in Fort G EOR.C E , within the faid City^ on Wednefday the Eighteentli of March, 1 74.1 and fetting Fire to feveral DweUing and other Houfes there, within a few Days fucceeding And by another Attempt made in Profecution of the fame infernal Scheme, by putting Fire between two other Dwelling- Houfes within the faid City, on the Fifteenth Day of February^ 1742 3 wluch was accidentally and timely difcovered and extingaiQied. CONTAINING, A Narrative of the Trials, Condemnations, Executions, and Behaviour of the feveral Criminals, at the Gallovirs and Stake, with their Speedies and Cenfeffioiis ; with Notes, Obfervations and Refleftions occafionally interfperfed throughout the Whole An Appendix, wherein is fet forth fome additional Evidence concerning the faid Confpiracy and Confpirators, which has come to Light fince their Trials and Executions. I. Lists of the feveral Perfons (Whites and Blacks) committed oa Account of the Confpiracy ; and of the feveral Criminals executed, and of thofe tranfported with the Places whereto. Sj the- Recorder of the City of New York. ^idfacient Domini, audentcumtdt.a.Fwes'! Vira. Eel. N E W- Y O R K Printed by J arms Parker at the New Printihg-Office, 1744^ PAC-SIMILE OF TITLE-PAGE. 1 On March 18, after the robbery, a fire broke out in the fort and de- stroyed the governor's house, the chapel, and several other buildings. 1 " Horsmanden wrote his book to defend the largely for the losses which his letters say he was course of the authorities. He merely left a monu- so unable to bear, but which teft him in his pov- ment of their senseless credulity, disregard of law erty, as Smith teUs us, the snug sum of £100,000 and reason, and greedy bigotry. His work was made during his career in New-York." Extract apparently a lucrative speculation : and Clarke, from an address before the New-York Historical having succeeded in convincing the lords of trade Society by John Gilmary Shea that he had been a martyr, was compensated very Editor. 254 HISTOBY OF NEW-YORK At first it was thought to have been accidental.-' But when, soon after, a succession of fires occurred in vai'ious parts of the town, a universal panic spread over it ; there seemed little doubt that they had been the result of some secret plot. At once it was rumored that the negroes had conspired to burn the city. At this moment several of them were heard using threatening language ; they were arrested, but denied any knowledge of the plot. But now Mary Burton, who was in prison as a witness in the affair of the robbery, declared that she knew the origin of the fires. Eeluctantly, it is said, she gave testimony i Clarke to lords of trade, April, 1741. Doc. rel. Col. Hist. N. Y., 6: 184. WILLIAM COSBY AND THE FREEDOM OF THE PRESS 255 against her master and others ; she said the negroes had held meetings at Hughson's, had resolved to destroy all the whites ; that one Csesar, a black, was to be governor, and Hughson king. Such was her im- probable story; but upon her evidence many negroes were arrested and imprisoned. One Arthur Price, a servant, charged with stealing, next added his testimony ; ^ and as he was in prison with the negroes, was employed by the magistrates to act as a spy upon them. He soon told extravagant tales of what they had disclosed to him. Peggy Sahnburgh, a woman of bad character, was the next informer ; new arrests were made among the negroes; the magistrates were incessantly engaged in the discovery of new victims ; the grand jury, composed of the most respectable citizens, lent its aid to the general infatuation, and the whole town was agitated by suspicion and terror. Aj ^ewar d of one hundred pounds was offered for the discovery of the persons engage d in thefpI^ ltais et-'fiTe-to Jlie clLy ; the three informers. Burton, Price, and Peggy, were never idleT^and their extravagant tales grew with the public terror and excited fresh alarm. They were evidently whoUy unworthy of belief. Mary Burton had first testified that no white persons were present at the meetings except her master, mistress, and Peggy ; she now charged one John Ury, a nonjuring Episcopal clergyman, supporting himself by teaching, with being a Jesuit, and with having been concerned in the plot ; next she charged that Curry, a dancing-master, was also at the meetings at Hughson's. Ury, once supposed to be a Catholic, was an object of suspicion. He was indicted, tried, and executed, and at the place of execution solemnly denied the charge, and called upon God to witness its falseness. Mary Burton received the reward of a hundred pounds, but ter te stimony w as at last-dpu^ted ; the dancing-master, Curry, was discharged for want of proof ; it was seen that every white person in the town was in danger from the false witnesses. In this strange panic and reign of savage cruelty one hundred and fifty-four negroes were imprisoned, of whom thirteen were burnt at the stake, eighteen hanged, seventy-one trans- ported, and the rest pardoned or discharged.^ Twenty-one white per- sons were arrested, of whom Hughson, his wife and maid, and Ury, were hanged. It is the darkest page of our ea rly^istory. Yet it was a natural consequence of slavery. The Sp artans massac redT" their helots ; the Romans chained their slaves at night ; the people of New- York feared and hated the savages they had enslaved and tortured. Reformers and patriots, the wise and the gifted, seem to have yielded to the dreadful delusion. Daniel Horsmanden, one of the judges, wrote an account of the plot, in which he firmly believed. The poor 1 Clarke to lords of trade, June 20, 1741 (Doe. 2 Smith, Hist. New-York (ed. 1814), pp. 438, 439; rel. Col. Hist. N. Y., 6 : 197) : " The fatal fire .... Clarke to lords of trade, August 24, 1741, Doc. is now known to he the result of conspiracy." rel. Col. Hist. N. Y., 6: 203. 256 mSTOEY OF new-toek negroes were brought before the court to be tried without defenders, friendless, the victims of a public insanity. Against them were ar- rayed the best counsel of the city, the finest intellects of the time. A day of thanksgiving was appointed by the lieutenant-governor for the wonderful dehverance, and was devoutly observed.^ Political disputes never ceased, and when, in September, 1740, the assembly had met, Mr. Clarke in vain urged the house to raise a rev- enue for a term of years. War, he said, was upon them; and as he noticed the successful efforts of the Eev. Henry Barclay among the Indians to convert and civilize them, he hoped they would rebuild or repair his chapel. But the assembly indignantly refused all his requests for a revenue, and even threatened to reduce still further his salary. They refused to vote money for the Spanish expedition, and suggested that England should pay for its own wars. The assembly met again in April, 1741. The lieutenant-governor in his speech used language that showed he feared the provincials were anxious to throw off their allegiance to the British crown. He said such a fear had long prevailed in England; he spoke of the protection and aid the crown had ever lent to the colony ; he urged that New- York had been the most highly favored of all the provinces ; he pointed to its prosperous condition under his administration, and demanded a liberal support and a dutiful obedience to the wishes of the English court. This un- wise speech roused at once the independent spirit of the assembly.^ It replied to Mr. Clarke in a paper prepared probably by Colonel Morris. It denied that there was any one in the colony who wished to separate from the parent land ; it showed that it was only following the example of the English parliament in granting supplies from year to year ; it pointed out that the colony had spent four times as much in a few years on its defenses as the English government had ever granted it. " How was it highly favored," it said, "when its trade and commerce were so heavily burdened to assist England in its wars?" It had always provided liberally for the government, and had failed in none of its duties toward the crown. The argument on either side was equally vain and useless. The colony requu-ed the support of the parent country, it was not yet ready to sever the tie of allegiance; it was obedient and loyal, but it was resolved to expend its own money in its own way. No foreign power should tax it without its consent. One saddening spectacle to modern eyes nearly concluded the session. The grand jury who had indicted the miserable victims of the fancied plot were called in and thanked by the speaker for their vigilance and attention in bringing the offenders to justice. No sentiment of hu- 1 Some excuse for the panic may be found ; none to save their money," he writes, Decemher 15, 1741. for the barbarous cruelty. Doc. rel. Col. Hist. N. Y., 6: 209. 2 "What won't a selfish nigardly [sic] people say WILLIAM COSBY AJSTD THE FBEEDOM OF THE PKESS 257 manity seems to have been roused by the fearful scenes that followed their hasty action. No one was shocked at the fate of the negroes writhing at the stake, or doubted for a moment the horrible delusion. Of the condition of the people of the city in 1741-42, we cannot form any pleasant picture. The existence of white and black slavery in all its worst forms must have deprived the free laborer of his jnst reward. Imprisonment for debt, with all its ancient barbarity, still terrified the honest but unfortunate trader. The building in the Park was the common prison for convicts, negroes, and debtors. A paper currency of doubtful value checked the course of trade. Disease, arising from the uncleanly condition of the city and the habits of the people, raged constantly. It is doubtful if the negro quarters and the kitchens of our ancestors were ever free from smallpox and fevers. No sewers purified the streets; the docks were foul and filthy; the churchyards spread disease; the bad water and the tainted air of summer often invited yellow fever. Education was almost unknown ; the working-people lived in barbarous ignorance ; the charms of its situation and the kindly hand of natui'e alone made New- York the fair and gracious city it seemed to the European visitors. The winter of 1740-41 had been one of intense severity and suffering to the people of the province. It was known as the "hard winter." The extreme cold began in the middle of November and continued until near the end of March. Never in the memory of the older citizens had such severe weather, such incessant frosts, fallen upon New- York. The Hud- son was frozen from shore to shore, and was easily crossed on the ice.^ Great and frequent falls of snow covered the ground to the depth of six feet; cattle perished for want of fodder, the wild deer starved and were easily taken in the snow. In the city the poor suffered for want of fuel and food, and political discontent followed. It was one of those rare winters, like that of 1780 or 1835, when the Arctic climate seems to descend upon us and the course of nature to change. As the sum- mer came on the enormities of the negro plot must have covered the city with gloom. The exciting trials, the madness of the commu- nity, the burnings, the hangings, must have made New- York a scene of endless horror. Fierce, rude, pitiless, our ancestors represent a distaiit and barbarous age from which we have at last escaped. The political contest raged in the autumn with more than its usual violence. Clarke had lost some of his most vigorous supporters. Even James De Lancey, conscious of his early errors, joined the popular party. His rare talents, great wealth, and family influence now aided the cause of freedom. Governor Lewis Morris of New Jersey, too, had still a keen interest in the affairs of New- York; in his letters he paints 1 Smith (Hist. N. Y., 2: 169), says that great flocks of pigeons filled the forests in early spring ; after the cold winters they came from the south. Vol. II.— 17. 258 HISTORY OF NEW-YOBK vigorous sketches of the rudeness and ignorance of the people and the violence of the political leaders. At length came the news of the appointment of George Clinton as governor, and Clarke's rule approached its end. He had few friends left in the colony, but he was never weary of urging the assembly to grant a perpetual revenue and submit to the authority of the crown. They treated his addresses with neglect, but provided liberally for the expenses of the province. On September 22, 1743, George Clinton arrived in New-York, and Clarke soon after returned to England. He had grown very wealthy and had purchased a fine estate in Cheshire ; he was supp ised to be worth one hundred thousand pounds — so profitable was it to rule New- York. In the close of his life he lived in the city of Chester, and a tablet was raised to his memory in one of the chapels of the cathedral. He was very old at his death. Some of his descendants still hold lands in the western part of our State, and recall the memory of George Clarke and his excellent wife, Anne Hyde. It must be remembered as a palliation for many of his politi- cal errors that he acted under instructions from Newcastle and the lords of trade, and reflected the want of wisdom that mar-ked the usual conduct of the English ministry in colonial affairs. MAYORS OF NEW-YOEK. Paul Richard was mayor in the years 1735 to 1738. His grandfather was born in France, but was sent over to represent the paternal mercantile business estabUshed in that country as a sort of factor in New- York. This was before the Enghsh conquest. Being prosperous, he soon was enabled to found a mercantile house of his own, and he purchased a house and lot on the north side of Pearl street, between Whitehall and Broad streets, then fronting on the river or bay. His son and grandson succeeded to the business, and were among the wealthiest men of the city. On Mayor Lurting's death, Mr. Richard was appointed to flU his place for the remaining portion of the year, and was reappointed successively in 1736, 1737, and 1738. The city's population had now grown to 10,000. John Cetjger was mayor during five consecutive years from 1739 to 1744. He came over from England at an early age; in 1698 he was engaged as supercargo of a slave-ship called the Prophet Daniel, a name which ought to have covered a better business. After this somewhat exciting and adventurous course Mr. Cruger settled down to more respectable enterprises in trade, although his connection with the slave- trade was not a reproach to him in those days. He became a very prosperous mer- chant, his connections being especially with the city of Bristol in England. His public life began as alderman for the Dock Ward in 1712, and he served for twenty-two years in succession. Soon after he ceased to be mayor he died, leaving several sons, all established in prosperous business. His namesake, as we shall see, became mayor a few years later. Mr. Cruger lived in Broad street, and his house was notable for its elegance. Editor. Fr^f'-Jif F. U'dlpm Ihm [lu. pidim m jii;>::Mnur.!u Oimlm-.rCon. CHAPTER VIII GEOKGE CLINTON AND HIS CONTEST WITH THE ASSEMBLY 1743-1753 'f^ls^l HE ten years that comprise Oeorge Clinton's administra- 1^1 ^V tion form a unique period in the history of New -York »v(1Ia« ^^^y- ^® fi^<^ during this time the province undergoing ^"aJAva J| a great constitutional revolution, chiefly brought about by the efforts of her most illustrious citizens, not acting in a muni- cipal sphere, but as her representatives in the provincial assembly. In this period, when the gravest questions of foreign policy were to depend on the will of the assembly, controlled by the city politicians, we shall find them all disregarding the exceptional and ideal to grasp at the regular and politically practical, with such tenacity that ward politics and ale-house brawls were to have a far-reaching effect on the government of the province. This chap- ter therefore can contain very little of purely New-York city history. The city so completely fulfilled the function of being the capital of the province, that the course of its history is to be sought for in the political history of the prov- ince. The rise of the power of the provincial assembly has already been observed. The con- stitution of New- York grew from a gradual encroachment of Englishmen on the arbitrary claims of English governors. In the course of the half-century following the English revolution of 1688, the cosmo- politan element in New- York had first created an American people, a people which claimed self-government, legally as British subjects, but in fact because they were conscious of its ability to invoke and maintain the higher right of progressive civilization. The claim of a higher right than that granted by law, when it is not the consequence of victorious armed violence, is always the outcome of a crude feeling of might diffused over a large mass of men, who naturally fall into the hands of a few leaders. 260 mSTOBY OF NEW-YOBK In Cosby's time permanent parties arose, not because people were worse or better than before, but because after the contentions that led to Zenger's trial there was no reason why as much honor and profit could not be had out of opposing the English governors as out of assisting them. But the principal reason why the party feuds of Cosby's time were Hable to be perpetuated was because they did not arise from a religious or national antipathy, but from motives of pure political expediency, which angered the beaten party so much that they claimed to represent a principle, and soon persuaded themselves and their friends of their sincerity. Thus Lewis Morris, William Smith, James Alexander, and Cadwallader Golden, the representatives of the opposition to Cosby, formed one party, while James De Lancey and the supporters of Cosby formed another party of placemen, office- holders, and their counterparts of grumblers. Under Governor Clin- ton's predecessor, Lieutenant-Governor Clarke, the practice of passing the government supply annually, so as to subjugate the governor, had grown to some fixedness, and after a most harassing struggle, in the midst of threats of war from the French and the desertion of the Six Nations, came the news of the appointment of a new chief magistrate.^ Finally, in September, 1743, the long-expected governor. Commodore George Clinton, arrived in New-York, accompanied by his wife and a family of young children. From the landing-steps his progTess through the town was signalized by great marks of public favor, as the people expected to find a leader in future troubles against the French, and a pacificator of partizan discord. For in the interval between his appointment and his arrival people had had ample opportunity to find out who the new governor was, what he had done, and why he had been sent out by his Majesty George II. George Clinton was the second son of the Earl of Lincoln and uncle of the then earl, a relative by marriage of the mighty and incompe- tent Duke of Newcastle. By profession a sailor, he had been made captain in 1716, and had commanded a squadron since 1732, when he was commissioned as governor of Newfoundland and commodore. Five years later he transferred his flag to the Mediterranean fleet, and served there till July 4, 1741, when he was commissioned to be gov- ernor of New- York. This position he owed to the protection of the duke, who also secured him the rank of rear-admiral of the Red Squad- ron in December, 1743. Although the prime motive of his coming to New- York had been the hope of bettering his fortune by having an extra salary, his career had fltted him with the desire to do thoroughly and well the things he had entered on. He does not. appear either to 1 John West, Lord De-La-Warr, is stated 'by been, "but we find no sufficient authority for the some writers to have been appointed Goveraor statement. Editor. of New-York about this time. He may have GEORGE CLINTON AND HIS CONTEST WITH THE ASSEMBLY 261 have been a well-trained administrator, or to have had a very large amount of learning, but he did have a good will, and apparently in- flexible doggedness in resolve, and the rare power of obtaining the greatest amount of work from his subordinates. His early command had left entirely undeveloped any possibilities of conciliating men, and had brought about a self-reliant bluntness and force that utterly unfitted him to cope with politicians or to make his friends at home understand the phases of the various troubles he labored under here. He was eminently self-sufficient except in regard to business, where however, he always knew what was wanted, and then relied on his subordinates for the proper execution. He was said to be very eager for making money and to have taken his repose not in colonial society, but with his family or his friends over a jovial bottle. Such was the man who was to govern the province of New -York, and who was to reassert the royal prerogative in its fullest extent, to whom not only the great problem of the management of the Six Nations of Indians was intrusted, but who as governor of the great province of New- York was to check the French in the north and west and to raise the commerce of the city. The fundamental disadvantage he labored under was a great naivete in regard to men's motives, and an irrefutable belief that men as political bodies were capable of caring for good motives and remembering favors to the individual. Coupled with this was a desire to find some favorite, who would be his dependent and do much of his work, and whose ambition he could satisfy by giving him that repose he himself so earnestly longed for. That this could not be he soon learned from his experience with Chief Justice De Lancey. On him he at first relied implicitly, and was deluded into appointing him practically for life, by giving him on September 14, 1744, a commission during good behavior, instead of his former re- vokable commission. The story goes that on June 6, 1746, the gov- ernor and the chief justice had an altercation over a bottle, and that henceforth the chief justice swore vengeance. How he obtained it will appear in the course of this history. The powers under which Grovernor Clinton was to rule the province were contained in his commission. This was published on the day of his arrival, first to his councU and then to the people. Its main distinction from the previous commission was that it separated New Jersey from New- York and placed New Jersey beyond his power. The aim of his commission — New- York's constitution for the time — was to ask very little specific and nothing new, but to insist strongly on the restora- tion of the exercise of the royal prerogative in the matter of money bills, which had been lost during Clarke's administration. The politi- cal people of the province were chiefly or only the freeholders who 262 HISTOEY OF NEW-YORK had qualified by taking the various required oaths to the king. These elected the assembly, who with the appointed council and governor formed the legislature of limited powers, since all assembly bills must pass the governor and council, and then were liable to disaUowance by the king in council. The power of convoking the assembly was lodged in the governor with the advice of the council, but executive acts, as adjourning, proroguing, and dissolving the assembly, rested entirely with the governor. The governor, by custom, did not sit m the council when it was part of the legislature, that duty devolving on the heutenant-governor or the senior councilor by commission ; yet as an administrative or judicial body the governor formed a part of the council, the prototype in this of the "Council of Appointment and Revi- sion" of the first State constitution. In one case Clinton's commission is very clear: "And our further will and pleasure is that all publick money raised or which shall be raised by any act to be hereafter made within our said province and the other territories depending thereon, be issued out by warrant from you by and with the advice and consent of our counsel and disposed of by you for the support of the government and not other- wise." But the governor was to have not only the fullest responsi- bility for the economic administration of his province, but also had great powers to preserve the peace on land (all maritime offenses whatsoever, except piracy, being admiralty prerogatives) and to com- mission all officers, judicial and military. In all cases where emer- gency called for it (of which he was sole judge) he could suspend the common law and rule by military law, or hold equity courts with him- self as chancellor. Of course he less than any other expected ever to use the punitive parts of his commission to suspend his appointees. At the outset he was advised by De Lancey and the prominent people he met to dissolve the sitting assembly. Although then he followed the chief justice's advice, afterward he claimed that this had been done to rid De Lancey of the speaker. So on September 27, 1743, he dissolved the assembly and called a new one the same day. There were no party struggles, as only seven men were not returned. During this first session De Lancey became indispensable to Clinton, and when, later, disunion had entered into their relations, the governor drew up a long account of the doings of the De Lancey " faction," who might be designated as the New- York city regency. NEW OB MIDDLE DUTCH CHURCH. GEOEGE CLINTON AND HIS CONTEST WITH THE ASSEMBLY 263 The justification of this appellation will appear, as soon as we have heard Admiral Clinton's complaint : I must inform your Lordships that the chief strength this Faction has gained pro- ceeded from, I must confess, an imprudent Act of my own in giving Mr. De Lancey a commission to be Chief Justice of this Province during his good behaviour ; this has given him the greatest influence, as no man can think himself safe from his power when the ambition, the violence, and obstiaacy of his temper is well known. A gov- ernour they expect can remain with them but a few years, but the power of this Man they think is entailed upon them; whatever reason there may be for making the Judges' Commissions in England, in this manner, the same reasons may not extend to the plantations, tho' I was made to believe that they did ; but the inconveniences which may arise from it may be incomparably greater, as it is possible that a Chief Justice in England can not obtain such influence over the Nation as a Chief Justice may over this Province, where the number of Men of Knowledge is very inconsiderable, and by unit- ing with the men of poUtics, power and wealth make it impossible to find anyone to accuse, try or convict him The Chief Justice soon convinced me of my error, for before that Commission was granted, he on all occasions, shewed himseK ready to assist me with his advice and with what influence he had, in order to make my administration easy to me, and which I have now reasons to beheve he only did thereby to induce me to grant this Commission, by which he expects to secure to him- self that Power which from his natural ambition he has always aimed at, for as soon as he had obtained it, he put himself at the head of the Faction, whose views were to distress me in the administration and thereby to compell me in effect to put it into their hands, and on this occasion I must remark .... that the uneasiness and distrac- tion in government affairs in Mr. Cosby's Administration arose from Mr. De Lancey's ambition to be Chief Justice and that ever since he has been in power continual schemes have been formed to weaken the authority and power of every G-overnor in the administration and to alter the Constitution of his Government as will appear from an attentive consideration of the acts of the general Assembly in Mr. Clarks adminis- tration and since my arrival.^ It may be questioned whether any system save the then prevailing method of favoritism, by which a man Who, having lost his credit, pawned his rent, Is therefore fit to have a government, would have tolerated a governor who was forced to give himself such a striking testimony of political incompetency, ignorance of mankind, and general inability to dissociate his personal hatreds from the claims for the restoration of the governor's prerogatives. For if ever any governor was barred from bringing forward these claims, it was Governor Clinton, who had from his arrival in New-York en- deavored to feather his nest and build up a court party. On Novem- ber 8, 1743, the newly elected assembly met, and owing to the imminence of war was recommended to provide for the defense of the province, for the presents (or tribute) to the Six Nations, and for the governor's civil list. During this session, which lasted till De- 1 " Documents relating to Colonial History of New- York," 6 : 356, 357. 264 HISTORY OF NEW-YORK cember 17, all these subjects received consideration, and in June, 1744, the governor asked the board of trade to have the various acts he transmitted ratified. Many years later they drew up this mem- orandum concerning them : " By these acts the support of Grovern- ment was limited to one year and the particular salaries affixed to each Officer by name and not to the office, whereby not only the dis- posal of public money is placed in the hands of the Assembly, but also the nomination of Officers and the ascertaining their salaries, and it is worthy of notice, that . . . there is over and above Mr. Clinton's salary as Governor (fifteen hundred pounds besides six hundred and fifty pounds as fees and eight hundred pounds for the Indians) an allowance to him of one thousand pounds, as a reward for his solici- tation in behalf of the province, and for the expense and loss of time occasioned thereby : Mr. Clinton . , . appears to have been very soli- citous, that these Acts should have his Majesty's confirmation." We may be sure that the innuendo of the English board was also made by the New-Tork assembly. Yet during the period before the strife between governor and assembly had reached its height, Clinton was anxious to carry out the greater problems of his province. His incessant calls on the assembly for fortifications at the north and west bore fruit, his visits to the Indians revealed the corruption of the Albany Indian commissioners, who consequently coalesced with the city politicians against him, while he richly earned the thanks of the Massachusetts General Court for the aid he gave in the reduction of Louisburg. After much discussion he finally had been able to send eighteen cannon (for the transport of which the assembly refused to pay), and did very much to raise funds and provide stores for the New England troops in their glorious undertaking, although New- York was in the main apathetic to these far-reaching plans, its citi- zens being more interested in privateering, seizing any ship they could find for contraband till a strict order came not to interfere with the Dutch carrying-trade. The prizes brought to New-York increased the prosperity, especially as through Clinton's intervention the customs officers were prohibited from raising duties on captures and prizes. Commodore (afterward Sir Peter) Warren, De Lancey's brother-in-law, brought in the first capture. This Commodore Warren was one of those indefatigable and ner- vous spirits who did such wonders at Louisburg, and it is with par- ticular pride that his achievement should be remembered in a history of New -York city, as he was the only prominent New-Yorker that contributed to Massachusetts' greatest colonial achievement. As commander of the blockading squadron Commodore Warren cap- tured the French relief ship Vigilant in sight of Louisburg, which brought about its fall. For this he was knighted, and became of note GEORGE CLINTON AND HIS CONTEST WITH THE ASSEMBLY 265 not only in Englisli maritime affairs, but also in New -York politics. His brother-in-law, Chief Justice De Lancey, had early in Clinton's administration procured his appointment to the council, and hence- forth he was of course of the greatest aid to the faction, although his nephew, the gi-eat Indian manipulator William Johnson, was to become Clinton's most efficient manager among the natives. Warren, how- ever, was soon led to dabble in New- York politics very effectively, for he had the very greatest influence at home, as the English government gave him almost the entire credit for the reduction of Louisburg. His private secretary, Robert Charles, was appointed agent for the New- York assembly in London, with in- structions to follow Sir Peter Warren in all things ; and this he did so well that while Clinton, who had never recognized the agent paid and ap- pointed by the assembly without his authorization, was flooding the board of trade with letters asking for the recall of De Lancey's commission as chief justice, his brother-in-law's in- fluence procured him the commis- sion as lieutenant-governor of New-York (1747). Now this was in truth a great triumph for De Lancey, who did not hesitate to tell the governor to his face that through the Archbishop of Canterbury (his former University tutor) and Sir Peter, his brother-in-law, he had a greater influence in England than Clinton. The triumph was all the greater for the faction, as by it they could overcome all Tories of Colden's stamp. There is good reason not to put too expUcit belief in the statement Clinton sent to England, as to the origin of the disturbances in his province. To judge entirely from its contents, there would seem to have been a great disillusion of Clinton as to the merits of De Lancey. According to the historian Smith, whose authority has prevailed till now, this arose from a quarrel between the governor and the chief justice, when both were heated by wine, while it appears to its that deeper causes must have been at work before this event could so in- fluence parties; and, inasmuch as no statement regarding the es- trangement is consistent with itself, we are reduced to drawing our own conclusions, greatly regretting that no statement of the De Lan- cey side appears. According to Clinton's version of the case, the 266 HISTOBY OF NEW-YOKK THE WARBEN HOUSE. trouble between the chief justice and himself was the entire cause of the difiaeulty he had with the assembly. This the governor would have us believe followed soon after his error of granting the chief -jus- ticeship practically for hfe. As this commission was granted in Sep- tember, 1744, and we find the assembly even then trying to take the appointing power from the governor, we can say that this plan did not originate with De Lancey, but that he very probably interposed, and had the assembly recede from the position it then took (October .__^ 9, 1744). The fact is that there was an organized opposition to Clinton in the assembly on the part of those who were trying to secure the patronage of the appointments, and who in most cases coincided with those who may on principle have believed that the revenue ought to be supplied by an annual vote. The assembly, in their representation of the difficulties be- tween themselves and the governor, claim that up to " that memorable day of June 6, 1746," on which Clinton told the legislature of the necessity of attacking Canada, there existed "perfect good understanding between the several branches at that time," which " may evidently appear from the perusal of your Ex- cellency's speeches, the addresses of Council and Assembly, and your Excellency's answer to both." Soon after this, antagonism arose be- cause Clinton put his trust in Cadwallader Colden, who was heartily obnoxious to De Lancey and his friends, such as Mayor Paul Richard, and Daniel Horsmanden, and the rest of the former supporters of Cosby. The first change effected by the new regime was shown in the affair of Saratoga. In the blame to be attached to this mas- sacre Clinton and the assembly vied with one another in recrimina- tions, and both are to blame ; but Clin- ^ ton the more so because, besides incom- 0^t^^^>t^ : ^ i^/za42^ petency, he used bad politics. Instead of ^ backing the Albany Dutch Indian commissioners, who had not only the support of the assembly, but enjoyed also the prestige of having for several generations retained the confidence of the Five Nations, Clinton pushed forward that remarkable Englishman, William John- son, Warren's nephew. Yet withal he failed to obtain Warren's sup- port at the English court, and did not separate the favorite of the English ministry from De Lancey. It appears tolerably clear that after this expose of Clinton's incompetence, political mismanagement, and stubbornness in upholding Colden, the tale of Clinton's adminis- GEOEGE CLINTON AND HIS CONTEST WITH THE ASSEMBLY 267 tration as told in the main by himself cannot be said to suffer from partiality, for the greatest partiality consists in hiding a politician's self-confessed stupidity. For, not content with having quarreled with De Lancey, Clinton henceforth steadily aimed at having Golden made lieuten- ant-governor, and to have De Lancey's commission revoked. Golden had be- come more of a royalist than the gov- ernor, only in the hope of obtaining the succession, as being the oldest council- or; yet all his time-serving had been MONUMENT TO WABKEN, WEST- MINSTEE ABBEY.l brought to naught, the English gov- ernment rewarding with the highest office he could obtain the chief justice who had preached sedition at New- York, whose brother threatened to hang the English authorities ; the chief jus- tice who, when the provincial troops were mutinying at Albany, opposed the suspension of common law; the general instigator of all attacks on the prerogative by the use of his well-or- ganized faction in both houses. While Clinton was withholding De Lancey's commission as lieuten- ant-governor, in hopes of securing this office for Golden, Warren and De Lancey for four years kept the governor in constant dread of"being superseded by Warren, whose influence at court was portrayed to Clinton in such vivid colors as to constantly force him into a con- tradictory state of mind whether he should return home or brave it out. If he stayed he might be superseded and have no ship to return in ; if he resigned, then he must commission De Lancey ; and rather than do that Clinton remained in the province. In June, 1751, he claims to have heard of the publication of Warren's commission in April ; and, as he desired to return home, all the old stories of the cli- mate and his weakened health and his poverty were again told to the secretary of state. Warren died in July, 1752, and till the news of 1 " Sacred to the Memory of Sir Peter Warren, Knight of the Bath, Vice-Admiral of the Bed Squadron of the British Fleet, and Memher of Parliament for the City and Liberty of Westmin- ster. He derived his descent from an antient Family of Ireland ; his Fame and Honours from his Virtues and Abilities. How eminently these were displayed, with what Vigilance and Spirit they were exerted in the various Services wherein he had the Honour to Command and the Happi- ness to Conquer, will be more properly recorded in the Annals of Great Britain. On this Tablet, Affiectiou with Truth must say, that desai'vedly esteemed in private Life, and universally re- nowned for his publick Conduct, the judicious and gaUant Officer possessed all the amiable qual- ities of the Friend, the Gentleman and the Chris- tian. But the Almighty, whom alone he feared, and whose gracious protection he had often ex- perienced, was pleased to remove him from a Life of Honour, to an Eternity of Happiness, on the 29th day of July, 1752, in the 49th year of his Age. Susannah, his afflicted Wife, caused this monument to be erected." (Inscription.) 268 HISTOEY OF NEW- YORK this arrived in New- York Clinton did not feel at ease, for the idea of leav- ing New- York in the com- plete control of the fac- tion, who might be able to substantiate charges of malfeasance in office, caused however by their niggardliness in paying for supplies, affected Clin- ton unfavorably. We shaU now see how he came to be checkmated at the very point where most money could be made, in the " office-mon- gering." Very soon after Clinton's dispute with the chief justice the assembly had permanently seized the appointing power, by annexing the salaries to the persons by name and not to the offices; and as the supplies were voted annually, the governor's hands were tied. " There- fore, if any person be ap- pointed . . . disagree- able to a ruling faction in the House of Representa- iThis view is copied from the ori- ginal presented to the New-York So- ciety Library in 1848. It is entitled "A South Prospect of j" Flourishing City of New-York in the Province of New-York. North America." It is six feet six inches in length, and twenty- eight inches in width. The legend in the center of the illustration is as fol- lows: "To his Excellency, George CUnton, Esq., Captain- General and Governor-in-Chief of the Province of New- York and Territories thereon de- pending. This South Prospect of New- York is most humbly dedicated by your excellency's most Humble and Obedient servant, Thomas BakeweU. Published March 25th, 1746." Editor. GEOEGE CLINTON AND HIS CONTEST WITH THE ASSEMBLY 269 tives, lie may starve, and in a similar method they prevent the re- moval of an official if he should happen to be a favorite of the rul- ing faction ; for in that case his successor must starve, to use the words that have frequently been made use of on such like occa- sions. . . . The ruling faction has obtained in effect the nomination to all offices, and, therefore, become even so insolent, that they have in the bill for payment of the salaries, &c., removed one officer's name and put in another, without consulting me, and the Speaker in presence of the Council and Assembly had the assurance to tell me that they had thought fit to remove such an officer and put another in his place, and thereupon added. Please to order the Secre- tary to make out a commission accordingly. By these means aU the officers of the government are become dependent on the Assembly, and the King's prerogative of judging of the merits of his servants, and of appointing such persons as he may think most proper, is wrested out of the hands of his governour of this Province, and the Kiug himself deprived of it." After describing the terror of the pub- lic officials under the rule of the assembly, Clinton instances the case of James Parker, the printer of the province. The governor had or- dered an account of his trip to the Indians to be printed, and before the last sheet had been struck off an order came from the assembly to print their address. Clinton ordered the printer to proceed, and was told that, as the assembly paid him, their work should have prece- dence ; and, therefore, Clinton's work was left to lie for a week. The next time we again hear of the governor and the printer, Clinton, ad- vised by Golden, used his prerogative to muzzle the press. There- upon (October 26, 1747), the speaker told the assembly that " an order signed with the governor's name, and directed to Mr. James Parker, printer to the General Assembly, had been published in the ' Gazette ' of that day, whereby the said printer and all other persons were forbid to print or otherwise publish the remonstrance of that house, which the governor had refused to receive." The printer ap- pealed to the assembly, who claimed that this was a violation of the rights of the subject, that the order was arbitrary and illegal, an open violation of the privileges of the house, and of the liberty of the press. Yet this it clearly was not ; Clinton and his much hated ad- viser, Colden, were right in insisting that the mere desire on the part of the assembly to enjoy the privileges of the English House of Com- mons was no reason in law for their having these rights ; that they were only in existence by virtue of royal prerogative, while the Eng- lish parliament in its parts as in its entirety had the exemptions and iDOwers of a sovereign court. The truth was that the assembly had fallen into the hands of those who thought to make gain by low- ering the prerogative of the governor. 270 HISTORY OF NEW-YOEK The origin of the De Lancey quarrel has been shown ; the attach- ment of the great Albany faction to the city members arose from the desire to control Indian affairs. This had been of more or less impor- tance, as the connivance of the liqnor-sellers, who debauched both the Six Nations and the French, was profitable to the Dutch, who also grew rich by carrying on a brisk trade with the Canadians and their Indians in spite of war. As this had driven the French to attack the northeastern settlements, the growing sympathy between Governor Shirley of Massachusetts and CHnton is explicable, as both had in view the great object of restoring the prerogative and taking Canada from France. To accomplish this a series of congresses of the Eng- lish colonial governors on the continent had been proposed, finally to ripen into the Albany congress of 1754. The year 1748 aptly marks the commencement of the second period of Governor Clinton's administration, partly because he was to remain but five years more, but especially because the times and the character of the politics undergo a radical change along the lines which time had developed. In England the colonial department passed over to the energetic, honest, and hard-working Duke of Bedford, in the place of the Duke of Newcastle. Bedford was resolved not only to read the American despatches which in Newcastle's time had accumulated un- read, but to heed the suggestions of the governors, who from Massa- chusetts to Virginia were complaining of the rebellious spirit of the colonies, and insisting on the necessity of carrying out the king's instructions, in the first instance by acts of parliament, but also by the aid of taxation enforced by English troops. In November, 1747, Clinton's advice had been to invoke the aid of Parliament, have the king disallow all those colonial money bills, which also contained grants of paper money, and give the governor authority to issue such as might be necessary to carry on the government. For it had been especially by the use of paper money that the New- York faction had been able to pay its friends and bribe its ^ /) ry; .-—^ partizans without taxing the people, and at ^'^/IMh v^^Cljvctyri the same time to rigidly control the appointing ^ ^ // power. The council now was in the control of the governor, and from it he had suspended Daniel Horsmanden, De Lancey's friend, and Paul Eichard and Stephen Bayard,^ both of whom had been mayors of New- York; while he earnestly advocated the suspension 1 Stephen Bayard was mayor in the years 1744, mer mayor. Stephen Bayard had pushed his 1745, and 1746. Governor CUnton had now as- father's extensive business with great activity, sumed the administration, having arrived in the and had consequently increased the family for- last year of Mayor Cruger's term, or 1743. As had tunes and estates, located, as before stated, in the frequently happened before, and as was soon to choicest portion of the present business region, happen in thelatter's case, the important appoint- The city was steadily growing, and a population ment was bestowed upon a member of a family of 12,000 souls had now been attained. Editor. thus previously honored, and upon a son of a for- GEOEGE CLINTON AND HIS CONTEST WITH THE ASSEMBLY 271 of the rest of the faction in the council, amongst them De Lancey and Philip Livingston, who, although secretary for Indian affairs, had supported the Dutch in their neutrality with Canada and trade with the enemy. As all the members of the council had received their appointment from Clinton, his powers of management receive excellent testimony, especially when his chief opponent was a man of whom he repeats the following story : " Q-reat pains are taken in my government to disavow the king's authority, and it has been said by Mr. Oliver De Lancey, the Chief Justice's brother whom he supports in all his arrogance, that the Faction would hang three or four people and set up a government of their own — and upon the dissolution of the Assembly he asked his Brother, the Chief Justice, whether affairs in the Province could not be carried on without an Assembly, to which he answered, yes, if the people could be persuaded into it, but they won't care to part with their money at that rate." But the assembly was very averse to paying for any kind of services, not even for the troops whom the failure of the expedition against Canada disbanded, unpaid, before the rigor of a New-York winter. In return for this harshness, the governor refused to avail himself of his long-sought-for leave of absence, continued to draw bills on the ministry, and in this way continued those practices by reason of which the assembly claimed he was unfit to handle public money. In April, 1748, Clinton had begun his schemes with Governor Shir- ley of Massachusetts whereby the American colonies were to send their governors to Albany to meet the Six Nations, and where at a conference measures were to be planned by which the English min- istry would be induced to interpose and /^/n, y^ J suppress the turbulence of the various (ytc (/6'/' j^^-^^^-^ csi^ popular assemblies. " How often had the governor and his advisers joined in deploring ' the levelling prin- ciples of the people of New- York, and the neighboring colonies ' ; ' the tendencies of American legislatures to independence'; their unwarrant- able presumption in ' declaring their own rights and privileges ' ; their ambitious efforts ' to wrest the administration from the King's officers,' by refusing fixed salaries and compelling the respective governors to annual capitulations for their support ! . . . ' The inhabitants of the plantations,' they reiterated to one another and to the ministry, ' are generally educated in republican principles ; upon republican princi- ples all is conducted. Little more than a shadow of royal authority re- mains in the northern colonies.' Very recently the importunities of Clinton had offered the Duke of Newcastle, ' the dilemma of support- ing the governor's authority or relinquishing power to a popular fac- tion.' ' It will be impossible,' said one of his letters, which was then 272 HISTOEY OF NEW- YORK before the king, ' to secure this province from the enemy or from the faction within it without the assistance of regular troops, two thou- sand men at least. There never was so much silver in the country as at present, and the inhabitants never were so expensive in their habits of life. They, with the southern colonies, can well discharge this expense.' " ' When the congress met, the news of the preliminaries of the peace of 1748 put an end to the preparations for war, but the schemes for controlling the colonies were continued with increased vigor, as the real necessity for humoring the assemblies had passed away. Grovernor Clinton took Grovernor Shirley of Massachusetts with him to New- York and hoped to receive great assistance from the investigations of his colleague into the causes of the disorder in New- York, and his re- port thereon. That Clinton was capable of inviting the successful governor of a rival province not only to examine but to make a report (though that would be an ex parte statement) goes in a great measui'e to redeem Clinton from the charge of being merely a puppet or an avaricious adventurer. The statements of both the governors agree in the rehearsal of the causes of the factious struggles and the impo- tence of the governor, not only in administrative and political affairs, but also in the control of the most elementary military necessities ; in aU and everything the assembly, aided by and under the control of the New- York city faction, had usurped the government, and no remedy was possible till the power of the assembly should be checked. By Shirley's advice Clinton had determined on making the attempt to do this systematically in New- York, and while awaiting Bedford's instructions Clinton had again summoned the assembly. But without a definite promise of support from England, even Clinton had learned that contention was useless. "However the present meeting has brought things to a plain issue, viz. that either His Majesty must sup- port his authority, or the Administration of Grovernment must be given up to the Assembly . . . This Assembly or more properly the pres- ent faction headed by Chief Justice De Lancey will rather give up the Indians to the French and the British interest, than yield any of their claims or expectations of power; as I had gained what no former governor had, through the great interest Colonel Johnson had with the Indians viz. that they should not make peace separately with the French," and all these advantages are likely to be lost by his want of money. This had been the result of the scheme concocted with Shir- ley. Notwithstanding his threats of calling on parliament to inter- pose, the assembly summoned in October had obstinately refused to grant a revenue for the king's government for at least five years. They refused on the ground that : " From recent experience, we are 1 Bancroft " History of United States," 2 : 333, 334. GEOEGE CLINTON AND HIS CONTEST WITH THE ASSEMBLY 273 fully convinced that the method of an annual support is most whole- some and salutary, and are confirmed in the opinion that the faithful representatives of the people will never depart from it." Far from changing their mind, they told Clinton that " governors are generally entire strangers to the people they are sent to govern ; they seldom regard the welfare of the people otherwise than as they can make it subservient to their own particular interest ; and as they know the time of their continuance in their governments to be uncertain, all methods are used, and all en- ^ ——. -^,-.-, . gines set to work, to raise estates to themselves. Should the pub- lic moneys be left to their dis- position, what can be expected but the grossest misapplication, under various pretences which wUl never be wanting?" The consequence was that no supply l^.TV"\''^"-'' ■" ' =^^ THE BATTERY IN 1746 > ■ bill passed the assembly, and when Clinton and Colden were with- out money they obtained it through the kindness of the speaker, as the faction had rigorously forbidden the passage of a five-years biU. Clinton and Colden grumbled that the province's money was handled as secret-service money, always at the disposal of the assembly ; but they had to be satisfied. The assembly's control of the financial ma- chinery was in the hands of their treasurer, who refused to be gov- erned by Clinton or the board of trade. By a continued reissue of paper money brought to him for redemption, he did everything in his power not only to swell the debt, but to strengthen himself. When, therefore, in November, 1749, Bedford informed Clinton of the in- terest the state of the province had awakened at home, the gover- nor instantly began his lamentations over the financial mismanage- ment of the colony, joining to his ceterum censeo the desirability of removing De Lancey, and the hope that the treasurer of the faction would be dismissed, and that the paper money, which was illegally reissued, would be finally funded. In return for the charges of Clin- ton that the provincial assembly profited by their abuse of paper money, the faction so earnestly spread the report of Clinton's malad- ministration and peculation that in April, 1750, the governor felt himself called on to answer. This was easy enough, for his officers had aU been salaried annually by name, and the small sums allowed for contingent expenses did not furnish means of peculation; nay, more, Clinton often had advanced money for administrative purposes, with practically no hope of ever having it reimbursed ; the assembly waiting for several years before they repaid their indefatigable Indian pacifier, Colonel Johnson, his outlays. Clinton for two years Vol. n.— 18. 274 HISTORY OF NEW-YORK had received not a farthing for colonial expenses, as he had not met the assembly, and there was comparatively little to complain of. Gradually Clinton found that the English board of trade was actually reading his despatches, and these cease to be the long and oft-re- peated historical sketches of the New- York factions, their encroach- ments on the royal prerogative, the insolence of the De Lanceys, the impudence of the councilors, and by antithesis, the robust bravery of the much maligned, deeply hated Golden, who for his attachment ought to be made lieutenant-governor. The quarrels between Glinton and De Lancey were not always directed to political fields, and the dislike of the governor found its vent in laying bare to the world the violent character of Oliver De Lancey, the chief justice's brother. In June, 1749, he was concerned in a tavern quarrel with Dr. Alexander Calhoun, at the termination of which, Glinton affirms, he stabbed his opponent.^ This gave Glinton a fine opportunity to particularize on the strength of the op- position to him and on the impotence of the government. He was unable to find any lawyer of ability to maintain the king's authority in De Lancey's court; and as the attorney-general, Bradley, had become incompetent through age, he wished to have him withdrawn in favor of William Smith, who was not only in every way fitted for the posi- tion, but besides was willing to prosecute the powerful De Lancey's brother, for he still cherished the enmity which dated from the time of the Zenger trial under Gosby's rule. At the same time Glinton rec- ommended the importation of judges, because the New- York judges were interested in all quarrels of account before them, and by their connections with the politics and the politicians rendered the admin- istration of justice impossible. This was the more necessary as the province had grown rapidly. The imports and exports of New- York (then a city of thirteen thou- sand two hundred inhabitants, of whom over two thousand were slaves) were of a startling variety, and show a great diffusion of com- fort and differentiation of effective wants, as it was not only the great market for the central provinces, but the real commercial capital of the north, for here all privateers came to sell their plunder and to refit. The English ministry, however, did not come to any resolutions in regard to New- York. They argued that if Glinton had been able to survive it six years, he might endure it some years longer. They thought that Glinton attached great importance to the issue of paper money, and the usurpation of the governor's authority, because by both he suffered, whereas the colony had managed to survive both ; and as it was impossible to change the shiftlessness of fifty years of administration in a hurry, Glinton was not supported. 1 Doc. rel. Col. Hist. N. Y., 6: 513. GEORGE CLINTON AND HIS CONTEST WITH THE ASSEMBLY 275 In March, 1750, when the French were trying by all means in their power to seduce the Six Nations by underselling the English and by the persuasion of the priests, Clinton again pressed the Duke of Bed- ford for instructions, for " the King has not now one farthing of his revenue in this province at his command for the support of Govern- ment in it, though there be large sums in the treasury and which I have reason to believe, the heads of the faction can find means to make use of to support their interest." Again, " I beg leave likewise to observe that though it be very just and natural for His Majesty's Ministers to think that the people in this province will do everything in their power to preserve and secure themselves ; yet in reality it is far otherwise, for nothing is in good earnest thought of but the form- ing of factions in the Assembly, and of converting the Publick money to private uses, by employing persons absolutely ignorant^ of the knowledge requisite for the services in which they are employed, but are only fit tools among the people for factious purposes, and thus the Publick money has been squandered away uselessly." The great prin- ciple of all this escaped the governor's observation. He saw only the surface, and that, being un-English, naturally appeared bad to him. The fact that the New- York city faction managed to cajole the far- mers, who may have been of non-English descent ; that the De Lanceys, the most American of the city faction, were only the second genera- tion of French immigrants ; that the Dutch of Albany, who preferred to continue their Indian trade with Canada, and therefore objected to the intrusion of Colonel Johnson, had first made the great Indian confederation serviceable against France, — all these things escaped Clinton, and therefore his views of the people he had come to rule over were so fundamentally wrong that the course of the faction in the assembly was undoubtedly right in a higher legality, for it was a lawfully played game of national politics. To this fact the history of the summer of 1750 bears ample testi- mony. When we recall the constantly repeated tales of insubordina- tion, mutiny, desire for independence of the chief justice, the full control of the government in the hands of a band of conspirators who mortally hated the governor and his favorite, we must wonder at the moderation of this same faction under the most aggravating circumstances. On Thursday, June 7, Colonel Eicketts, with his wife and family and friends, was sailing down the bay on his way to Ehzabethtown. The boat carried a flag, which it did not strike on approaching the man-of-war Greyhound, commanded by Captain Robert Roddam, Clinton's son-in-law. As it had failed to salute the 1 The assembly of New-York, says Clinton on the greatest numbers are foreigners, or of foreign another occasion, "consists of ordinary Farmers extract, many of which do not understand the and shop-keepers of no education or knowledge of English language and are generally led by some pubhck Affairs or the World, and in this Province, cunning Attorney or Reader of pamphlets." 276 HISTOBY OF NEW-YOEp man-of-war on previous occasions, the lieutenant in charge of her re- solved to enforce the admiralty rule, and fired a shot across its bows to stop it. As the first shot failed to bring it to, a second shot was fired which passed through the sail and struck a servant named Eliz- abeth Stebbins. The unfortunate woman was brought to New- York, and expired soon after. The assault had been committed between Governor's Island and the Battery, so that the coroner of the city claimed jurisdiction under the Montgomerie charter, and held an in- quest. Captain Roddam, who had not been aboard his ship, returned and instantly put his lieutenant under arrest and sent his gunner's mate to testify at the inquest. Chief Justice De Lancey, on Ricketts' complaint, arrested the gunner's mate for murder, even before he confessed his obedi- ence to orders in the testimony before the coroner. This brought on an exciting controversy in which Clinton suffered under every disadvan- tage, and the chief justice, whose M^&^^S^^^U ft V^ 'Vt^^^^^StW'" moderation and manly handling 1 i^^T^l ' M T T^^^^^ ^"^ political affairs never appear ''"" " '^ ' ^ "^'^ ' in so favorable a light, could not but earn glory and popularity. We can barely imagine what a fearful uproar this outrage must have called forth in the popu- lous and compact city immediately under the guns of the fort. The fact that it was committed by Clinton's son-in-law was, according to him, taken advantage of by the faction that opposed him to create still greater prejudice against him. " A number of them met at a tavern, where the heads of the Faction have usually made their rendezvous, and Mr. Chief Justice De Lancey among them, where they staid the whole night, as I am informed, and I believe truly, to consult how to make the best use of this incident for increasing and confirming their popularity." Clinton intended to protect the royal sailors, whom he did not wish to see " exposed to people artfully excited to tumultuousness or vio- lent proceedings by a party or Faction." . . . " He is informed that Mr. Ohver De Lancey, Chief Justice De Lancey's brother, openly, and in all companies, and among the lower rank of people, distinguished himself, in inciting the people against the governor." If to his mind this excitement among the people was not a heartfelt outburst, but GEOEGE CLINTON AND HIS CONTEST WITH THE ASSEMBLY 277 only the macMnation of a faction of conspirators, Clinton showed a lamentable want of insight into character, and, furthermore, a gross incompetency as a governor striving to reestablish a sinking pre- rogative. Now or never he should have let the faction commit an overt act of sedition, and attempted to suppress it ; but he did not dare to let things go to such a point, nor did Golden, the adviser of the governor, desire it. In this case we have an admirable guage for the veracity of the governor's reports. In vain do we read the papers of the day for the news of any tumultuous proceedings. The chief justice certainly did not do anything to stir up feeling against the governor ; for if he had but one half of the power which Clinton attributed to him over the assembly and the people, and was in real- ity striving for independence of the government, founded on repub- hcan or leveling principles, he could not have been such a sharp schemer and let such a fine opportunity slip by to create an insurrec- tion, either on the model of Virginius or Masaniello. Then or never was the chance for an artful demagogue to incite a people, first made frantic, to rise in revolt. To excite the people there was the royal man- of-war, able to pour its broadsides into the town. High over the town the bastions and newly repaired batteries of Fort Greorge appeared to threaten the inhabitants. For in moments of popular excitement it would have been as easy to have led the people to forget that no guns were mounted on the city side of the fort, as it was in 1789 that the Bastille was not in a threatening state of offensive readiness. But we hear of nothing like it. Nay, more, from the calm demeanor of the chief justice it appears that he tried to treat the affair as a civU assault, which ended in murder, not as of political consequence. For Clinton claimed that Colonel Eicketts, " a hot-headed, rash young man," had " declared before he put off from our wharf, he would wear that pendant in defiance of the man-of-war, which, in all probability, did come to the lieutenant's ears that commanded on board, who had excused him, but the day before, passing close to the ship with the same pendant, as knowing it to be Colonel Eicketts' vessel." Clinton was in a very painful dilemma. As admiral of the fleet, as governor of the province, he knew that his most positive and direct duty would have been to have prevented the commitment and trial of a man-of- war's man by any other court than that of the admiralty at home. The chief justice was bound to know this also, for he held his office only by Clinton's appointment, and all powers the latter had ever possessed arose from his commission, which strictly exempted naval offenses on shipboard from the jurisdiction of his provincial courts and reserved them for the commissioners of the admiralty. For once the governor followed a dignified course, probably because he felt that anything else might harm his son-in-law, Captain Eoddam, of the 278 HISTOBY OF NEW-YOBK Greyhound. He published that part of his commission relating to offenses committed on board, or by men-of-war in service, in the " Ga- zette." Although the governor had not been able to wrest the gun- ner's mate from the hands of the chief justice, yet he made of this a charge of misdemeanor, that De Lancey had wilfully disregarded the royal commands, and had tried to borrow the crown's jurisdiction in admiralty cases, just as he had aided to usurp its executive prerogatives. As Clinton desired to leave New- York, he addressed letters to the crown lawyers, Eyder and Murray (the latter better known as Lord Mansfield), asking whether he could not let De Lancey qualify, then suspend him (for the good of the king's rule), and for the same reason appoint Colden lieutenant-governor. The law offi- cers replied that he had better obtain the revocation of De Lancey's commission by the king. In the mean while Clinton was awaiting orders from England to crush out the opposition and reestablish a permanent revenue for the crown, which could be controlled all the easier as the paper money was to be restrained. Yet, unless instructions came very soon, Clinton felt that he must surrender to the assembly, who in the course of two years had starved him into submission, as during that period they had not appropriated a penny of supplies. The consequence had been that Clinton had supported the royal troops who garrisoned Oswego ; for without this outlay he well saw that the French, who had for two years been undermining the English influence, would seduce the Six Nations from their English alliance. At the end of August, 1750, his resources were exhausted. He had no more money, and, having waited for instructions tUl September, he summoned the assembly, well know- ing that he must again surrender to it the prerogatives of appointment and annual supplies. For two years the governor had hoped for aid from England, during which time he had brought disastrous misery on all those dependent on their salaries for support ; his obstinacy had been wasted ; he surrendered to the assembly. The supplies for the past two years were supplemented, provisions for the Indians were made, the power of the assembly was again recognized to be as great as it had been before the unfortunate attempts of Clinton to curb the usurpations of the people's representatives. For by a remarkable blindness Clinton had actually tried to persuade himself that, in spite of the open electioneering of the chief justice, he could carry the as- sembly by his partizans. As soon as the assembly met, the governor was so completely undeceived that he agreed with the speaker to carry out the faction's plans of government. As he truly says: "There are no instances I believe, where men, who have (by any means) gained power, that they willingly give it up, and much more unwill- ingly, when they find means at the same time to fill their own or GEORGE CLINTON AND HIS CONTEST WITH THE ASSEMBLY 279 THE EOYAL EXCHAN&E, 1762. friends' pockets thereby : My duty therefore obliges me to tell Your Grace [of Bedford] my humble opinion, that the King must enforce the authority of his own Commission or else resolve to give up the government of this province into the hands of the Assembly." These last reports finally led Bedford's secretaries to draw up a very clear resume of the letters and remonstrances which both as- sembly and governors had since Newcastle's regime been pouring in on the home offices. The one tangible result of his incessant work had been the restoration of James Alexander to the coun- cil and also the appointment of Edward Holland, mayor of New- York, to the same position. Dur- ing the early part of 1751 little else was done in New- York than prepare for the great Indian con- gress at Albany, to which Clin- ton had invited all the English, governors from Massachusetts to South Carolina, and to which only Massachusetts, Connecticut, and South Carolina sent delegates. The New- York assembly had made such a small allowance for presents that public sentiment forced them to reconsider their action, and the speaker of the house allowed the gov- ernor an extra warrant of supply. On his return from the congress at Albany, Clinton expected to have found a leave of absence (or recall) to England and permission to let Colden serve as lieutenant-governor. His hopes were doomed to disappointment, and he was forced to disembark his household goods from the Grreyhound man-of-war and to brave the terrors of another winter. He had on several previous occasions attempted this same trick, and had on each occasion stayed here rather than give De Lancey his deferred commission as lieutenant-governor. Clinton's one aim was to undo the error he had made of exalting De Lancey. For years he had tried by every means to push the candidature of Colden for the lieutenancy, and as the success of this plan grew more and more improb- able he was resolved to build up against De Lancey a strong opposition by giving the places in the council to the opponents of the city faction. Although in July, 1751, this plan had not yet been carried out com- pletely, yet because it suited Clinton's side of the argument, he asks for his recall and thinks it can be sent safely. "As the faction every day decreases and the people's eyes are open, I conceive it will be of no ill consequences to leave Mr. Colden president, till his Majesty's pleasure be known, especially as Your Grace has hinted that you will 2$0 HISTORY OF NEW-YOEK not agree to Mr. Chief Justice De Lancey's being left with the Admin- istration." Thereupon this very simple governor, who had the ad- vantage of possessing a good heart and of supporting his friends, proceeds to again recommend Golden to the ministry's notice, and begs that the " faction may not have the pleasure to see an innocent person sink under the load of calumny which they for that purpose have heaped upon him." While about this time the ministers were drafting additional instructions for Clinton, he was striving with all the energy of a long-nursed hatred to put his friends into the pro- vincial council and to obtain orders sanctioning the suspension of De Lancey's friends. At the end of August, 1751, Clinton thought he had secured a great prize in that the superannuated attorney-general, Bradley, had died just as Clinton was endeavoring to find a berth for William Smith, the historian's father. About this period John Chambers, the gov- ernor's last appointee to the council, was made second justice of the Supreme Court in place of the late Adolphus Philipse. Chambers had . preferred the council-board to a seat in the assembly, even from New- York, where he was said to be very popular, and now, when he was to have a place on the bench, " he declined it unless it were granted dur- ing good behaviour, with such strong reasons, as convinced me of the necessity and fitness of granting of the office to him in that manner, and I have not the least reason to believe that either I or any of my successors, or the people in General will have any cause to wish he had a less tenure in the office." Although we may not doubt Clinton's word, it does seem against the ordinary course of probability to assume that in the granting of this second judicial appointment during good behavior he did not mean to place this man in precisely the same position to De Lancey as the chief justice had assumed toward him. There were but few alternatives, and from them he must draw benefit ; either Chambers would be true to him, or else establish a party of his own and thus neutralize De Lancey's party; or, again, during his suc- cessor's administration put himself on the side of government or dis- rupt the faction. For no one believed it likely that, even if De Lancey obtained his commission as lieutenant-governor, he would ever rule, as the English government meant to send out a new governor. Apart from the quarrels of the provincial assembly, the Indian questions were calling for a rapid solution, as the never-ending in- trigues of the French to break the bulwark which the Six Nations formed were gradually succeeding. On the other hand, the English had pushed over the AUeghanies into the Ohio Valley, and thereby buttressed the sinking faith of the heroic Indians in the purpose of the English not to let the French complete the chain of forts in their rear. All that was needed to efEect this was a strong governor in New- GEORGE CLINTON AND HIS CONTEST WITH THE ASSEMBLY 281 WAiL STEBBT PRESBYTERIAH" CHURCH. York who could obtain sufficient supplies from his assembly. Clin- ton could not. He had antagonized the Dutch of Albany too severely, and Johnson's ability was disliked by them as much as he was dreaded by the assembly as Clinton's instrument. In consequence of this, the assembly, which the governor delayed summoning till the last moment, refused to provide for any of Johnson's In- dian expenses, and gave their partizans such allowances as they thought fit. This plan was checked by the council, now in Clin- ton's hands, and a deadlock arose because the council proposed a money bill. The gov- ernor dissolved the assembly, but did not expect a greatly different set of men to be returned. In fact, the conviction gradually seems to have grown on him that in spite of the personal behavior of the assemblies, nay in spite of their love for deals and jobs for their friends, the animating spirit of the fac- tion was the popular feeling that his asser- tion of the royal prerogative was out of date, and unsuitable to their surroundings and ideas. Therefore, his entire energy was directed to having the lords of trade either recall him, or give him such powers as to effectively deal with the faction. Of course the burden of his song was to demand permission not to deliver De Lancey's commission, and this the English government would not give. Yet they had not been idle, for after many years' deliberation new orders were passed in council, commanding the governors to en- force their commission. There was little consolation in this for Clin- ton, who by some chance had succeeded in obtaining his supplies for the year 1752, and who expected to be able to suspend De Lancey, appoint Colden, and return home before the supply bills expired in September. But again peremptory orders to stay in New- York ar- rested this plan. Clinton again told of his trials and of the unruly faction that made life miserable to him, and remained. Now he discovered another element in the faction which must be suppressed. This time it was the mercantile class of New- York, who had grown rich by evading the customs duties, and had carried on trade with the continent. These were now represented as having all the vices and as being inspired by all the ill-will which formerly (ac- cording to Clinton) characterized in turn the rich and the poor ; the Dutch of Albany, the English manor-lords, and the French of New- York; the tricky lawyers and the dull country storekeepers; the scheming city members and scatter-brained country representatives ; 282 HISTOBY OF NEW-YOEK who all had at one time or another been loaded with invectives for opposing the governor. Of course this proved but one thing to any fair-minded observer : that if Clinton was right and the entire prov- ince wrong, Clinton and not the inhabitants of the province should be removed. We have seen how doggedly the government allowed Chnton to struggle, and how little it aided him ; now, with the same disregard of political consequences, they defeated one of Clinton's schemes and sent over William Kempe to be attorney-general, who with his family arrived on November 4, 1752. The ad interim holder of the office, William Smith, had worked hard and had not re- ceived any salary. Although herein Clinton felt himself aggrieved, worse news was awaiting him. On November 29, 1752, the lords of trade gave him a severe reprimand for the tone of his letters, and told him that not only must he stay and not consider his governorship of New- York a place of punishment, but that he must give up all idea of having Golden succeed him. In view of all that' he had so effi- ciently shown in regard to the power of De Lancey's faction and the chief justice's hatred of him and of Colden and his party, it would be but inviting worse disorder to put Colden into temporary control of New-York, when to do this it would be necessary to divest De Lancey of his commission as lieutenant-governor. With the final order to stay till relieved, the lords of trade bade him farewell. Clinton re- signed himself as well as he could to his fate, and tried to keep his attention fixed on the Indian congress which now was to meet in New- York city. In June, 1753, there appeared at this council the several Indian chiefs who, with Hendrick, had preserved New- York from the French and had kept the lakes in the north from becoming part of French Canada. Besides the Indians, there was present the governor, whose council had been purged of the faction, as the mem- bers who attended were James Alexander, Archibald Kennedy, Mayor Edward Holland, and William Johnson, who all belonged to Clinton's party. The conference with the Indians in the main aimed at restor- ing confidence, promising them presents; but as Clinton probably intended to exhibit to the representatives of the Six Nations what a fine town New- York was, it may not be out of place to here show what changes had taken place during Clinton's administration. New- York had grown very much, as several new streets were opened where formerly the farmers had only the easement of right of way. This was the origin of Beekman street, which was laid out and graded in 1752, although since 1656 the farmers had had the right to drive their cattle to the commons through it. A few years before this time (1750) Dey street, named after adjacent property-holders, had been opened. Thus the city was extending more and more to the north ; meanwhile Ferry street was added to the city, Thames street opened, GEOEGE CLINTON AND HIS CONTEST WITH THE ASSEMBLY 283 Jolm street straigMened, while Pearl street was graded down near Peck Slip, and regulated between (the modern) Franklin Square and Chatham street. Within very little time after their opening these streets were paved, of course only with river cobblestones/ In regard to the public health our knowledge is negative, and it can be only as- sumed that the sanitary condition of the town was improved because the smallpox prevailed but once in the ten years of Clinton's rule. Although we have no reason to suppose that the s> streets were in any worse state than those of any /^^7^^:^f^^-^ other small town of the time, it is gratifying to ^ ' ^ note that during this period w6 no longer hear of the Grand Jury presenting Beekman, Burling, the Fly, and Old Slips as nuisances, because of their general unsavory character, as had been the case in 1743. At that time the city ordained that no pigs or cattle were to be kept in the southern part of the town. North of it, every thing in sight was prairie and marsh. The water was very poor, and constant at- tempts were made to sink new wells ; thus, in 1748, the corporation contributed toward two new wells, one on John street, near Broadway, and the other by the Spring Grarden, near the Drivers' Inn, where Broadway diverges eastward to the Bowery (on the site of the Astor House). This period also saw the growth of a number of churches, for although the city members of the assembly were slow to open the public treasury for blockhouses on the frontiers, their constituents vied amongst themselves for the honor of having for each denomi- nation its own church. In 1747 the Presbyterian church was rebuUt, and four years later a Moravian church was erected in (the modern) Fulton street. In the year following (1752) St. Greorge's Chapel was built by Trinity Church on the corner of ClifE and Beekman streets, and was ministered to by the Rev. Henry Barclay a former mission- ary among the Mohawks, but now [July 1, 1752] rector of Trinity Church.^ At first it had been intended to build this chapel on Nassau street, near Fair (now Fulton) street, and a lot was actually bought there. In 1749 the corner-stone was laid ; the very next day the Eev. Samuel Auchmuty, Mr. Barclay's assistant, was married to a Mrs. Tucker. A few weeks previously the rector himself had been united in marriage to a daughter of Anthony Rutgers. Sir Peter Warren gave one hundred pounds toward the building of it, and a pew was assigned to him in recognition of the gift, which he never occupied. The chapel was a conspicuous object, as it stood almost alone in that vicinity. Dr. Stephen H. Tyng preached here until it was superseded 1 In the middle of the century there was only 2 In February, 1750, a fire broke out in the New one coach in New-York, except Governor Clinton's, Free School, of which Joseph HUdreth, clerk of and that belonged to Lady Murray. At this date Trinity parish, was the master. The church was it was desirable, if not necessary, that the Dutch in great peril, but was fortunately saved. All the language be spoken, in order to deal advanta- archives of Trinity were, however, destroyed, geously in the markets. Editor. Editok. 284 HISTORY OF NEW-YOEK by the handsome structure in Stuyvesant Square. The common council had, in 1747, already encouraged native industry and historical study by voting four pounds for the printing of fifty copies of a little "Essay on the Duties of Vestrymen."^ But its highest munificence was shown in 1752, when the corporation contributed a subscription of one hundred pounds toward the building of the first Merchants' Exchange, then at the lower end of Broad street, near Bridge, the one thoroughfare of our city which has never changed its name, except in translation.^ Clinton's administration had in fact benefited only those who had private ends to serve and who could cloak them under the guise of popular principles cleverly enough not to be detected. Gradually the vanity every partizan is shamed into by the repetition of his prin- ciples must have prepared move ments to which sincere men clung; but, in the main, the struggles for power of the De Lanceys, or of the opposition under the Livingstons and the Albany Dutch, or even of the avowed Toryism of Colden,were as little actuated by considerations of the rights of the people as were Clinton's efforts for the preserva- tion of a steady revenue, and a strongly centralized power of dis- tributing the patronage. That, with all these ordinary motives, these times prepared the men of New- York for the storms of the Eevolu- tion, and carried the political education of the great seaport into the rural districts, does not reflect upon the actors any merit or blame. Men in political life are no better than their surroundings ; and if New- York politics even at that period have a tinge of that political fever which in the first ten years after 1800 burned most fiercely in this city, it must be remembered that it was the outcome of a transplanted civilization, one of whose most familiar characteristics, on emerging from the first necessities of life, is to adopt the grossest or more 1 William Bradford, the father of printing in New-York, died during the year 1752, and was hurled in Trinity churchyard. A representation of his tombstone, with f ac-similes of the title-pages of many of his earliest puhlieations, and of the first New- York newspaper, which he established in 1725, may he seen in the previous volume of this work. His son,Andrew Bradford (1686-1742), was the founder of the newspaper press in Penn- sylvania, and his grandson. Colonel William Bradford (1721-1791), the patriot printer of the Revolutionary period, has been admirably com- memorated by his descendant, John William Wal- lace, for many years the President of the Historical Society of Pennsylvania. Editor. On the map of the city for 1789 it is named Wincom street; so that for a brief period the ancient name was in abeyance. Editor. GEOEGE CLINTON AND HIS CONTEST WITH THE ASSEMBLY 285 palpable political rottenness of the mother-country, because that ap- pears to be essentially human and the outcome of a high development. The New- York of Clinton's time was not more selfish than the Eng- land of Greorge II., only very much cruder. Yet the fine art displayed by De Lancey, coupled with his firmness of grip, is traceable to an admirable mixture of French and Dutch blood. Besides the larger factions there were all those disappointed officers who had been balked in their hopes and baffled in their vengeance. All these tacitly agreed to wait till Clinton's successor should appear ; then to begin afresh. While Clinton was entertaining his Indian allies, the ministry had found his successor, and in July orders in council were issued for Sir Danvers Osborn's commission. At about the same time the crown lawyers, Eyder and Murray (Lord Mansfield), authoritatively gave the opinion that De Lancey's com- mission, issued during good beha- vior, had been well issued, and that Clinton could not revoke it without a misdemeanor proved. The last hope Clinton had of revenging him- self andColden on their enemy now vanished, and when the new gov- ernor arrived in October, Clinton finally gave De Lancey his com- mission as Ueutenant-governor, and retired to his country-seat at Flushing, Long Island, where he prepared to leave the country. In November Clinton returned to England, became a member of parlia- ment, and received a sinecure post as governor of Greenwich Hospital, which he held till his death, on July 10, 1761. ST. GEORGE'S CHAPEL. MAYOR JOHN CRUGEE'S EXPERIENCE ON A SLAVE-SHIP. In addition to the biograpMcal notice already given of Jolin Cruger (the elder), who was mayor at the time Governor Clinton's administration began, it may be both inter- esting and instructive to insert here his own acooimt of an incident in the early part of his career. In 1698, while still a mere youth, he was appointed supercargo of the Prophet Daniel, Captain Appel, a regular " slaver." He made the following report : " New York, Friday, 15th July, 1698, we weighed anchor bound for the island of Don Mascowrena ; 3d October, found ourselves under the island of St. Thomas, went in to water and clean the ship ; 4th October, Captain Appel came on board and told me he would not go on board again before some of the people were out of the ship, 286 HISTORY OF NEW-YORK and that I must find some way to pay their wages, so that I was forced to sell some rigging for said use, before Captain Appel would come on board ; he left one man at said place, called Whiter, a very troublesome fellow ; 7th October, sailed from St. Thomas ; 20th February, 1699, Captain and Master judged themselves to leeward of the island Don Maseowrena ; Sunday, 13th July, we arrived at Mattatana, (whither we had been compelled to turn our course,) and I went on shore to trade for negroes, but the harbor proving bad we were forced to remove from that place — I having pur- chased 50 slaves at St. Mattatana ; 24th August, arrived at Fort Dolphin j 27th do., I acquainted Mr. Abraham Samuel, the king of that place, of my arrival, and came with him to a trade ; 12th September, I went with Mr. Samuel twenty-five miles up in the country, and on the 14th in the morning, I got the miserable news that our ship was taken by a vessel that came into the harbour the night before. Whereupon I made all the haste down I could, when we got some of the subjects of Mr. Samuel to assist us, and we fired upon said pirate for two days, but could do no good. Then I hired two men to swim off in the night to cut their cables, but Mr. Samuel charged them not to meddle with them, (as I W9,s informed, said Samuel having got a letter from on board the said pirates, in which I suppose they made great promises, so that he forbid us upon our hves not to meddle with any of said pirates). When said ship came in at an anchor they desired oxa boat to give them a cast on shore, they having lost their boats, and pretended to be a merchant ship, and had about 50 negroes on board. At night, said Captain of said ship desired that our boat might give him a cast on board of his ship, which was done, and coming on board he desired the men to drink with him, and when said men were going on board of our ship again they stopped them by violence, and at about 9 at night, they manned the boat and took our ship, and presently carried away all the money that was on board, rigging, and other things that they had occasion for, and then gave the ship and negroes, and other things that were on board to said Mr. Samuel. The Captain's name of the pirate was Evan Jones ; Eobert Moore, master ; John Dodde, quarter master ; John Spratt, boatswain ; Thomas CuUins, Robin Hunt, from Westchester, New York, and others. Mr. Abraham Samuel took likewise away from me 22 casks of powder and 49 small arms, likewise aU the sails belonging to the Prophet which were on shore, and then sold the ship again to Isaac Ruff, Thomas Welles, Edmd. Conklin and Edward Woodman, as it was reported, for 1,400 pieces of eight. The purchasers designed to go from Fort Dolphin to the island of Don Mas- eowrena, and thence to Mattatana, upon Madagascar, and so for America. " Captain Henry Appel, Jacobus Meener and Isaac Sommers went along with them ; some days after there arrived at Fort Dolphin a small pinke, called the Vine, Thomas Warrent, master, from London, which took in slaves from said place, and bound for Barbadoes, ia which I took my passage, and was forced to pay for the same 66 pieces of eight and two slaves. " Saturday, 18th November, 1699, I departed from Fort Dolphin with four of the people more that belonged to the ship Prophet Daniel, in the aforesaid pinke Vine, for Barbadoes, leaving on shore, of the ship's company, only a mulatto boy, called Gabriel ; 22d December, 1699, arrived at the Cape of Good Hope, where the vessel took in water and provisions and departed 16th January, 1700 ; February 2d, arrived at St. Helena and departed 8th do. ; 17th February, arrived at the island of Ascension, got turtle and fish and departed 18th do.; 24th March, arrived at Barbadoes; 17th April,1700 departed from Barbadoes in the pinke Blossom, Robert Darkins, commander, bound for New York ; 11th May, 1700, 1 ai-rived at New York, and because I may not be censured an iU man, and that it may be thought that I have saved any thing that belongs to the owners of said ship, I do declare that I have not, directly nor indirectly, saved any thing that belongs to them, nor wronged them of the value of a farthing, but contrary, I have done all possible to serve their interest that I could. "John Crugee." CHAPTER IX SIE DAliTVEES OSBOEN AND SIE CHAELE8 HAEDY 1753-1761 EDNESDAY, October 10, 1753, was a notable day in the history of colonial New -York. It marked the close of an administration longer than any since the days of Stuyve- sant, and one that, toward the end, had become offensive to the people of city and province. On that day Sir Danvers Osborn appeared before the retiring governor, G-eorge Clinton, and the coun- cil, and, after reading his commission from King George II., took the oath of office as governor. Then, while this ceremony was occurring within doors, the preparations for the more public induction into his office were also being made. Upon the " Parade " before the fort, on the site of what we know as Bowliag G-reen to-day, were assembling the mayor of the city with the other officers of the corporation and the aldermen and assistant aldermen ; in another group were gathered the officers of the militia or train- bands, the clergymen, and other gentlemen belonging to professional or mercantile cir- cles. Ere long this imposing assembly of dignity and worth heard the beating of drums behind the walls of the fort, the gate was thrown open, and, preceded by a com- pany of foot, the retiring governor, arm-in-arm with his successor, and followed by the members of the royal council, marched forth on the way to the City Hall. The procession, completed by the acces- sion of the city dignitaries and the other waiting groups of promi- G^W?4*e*^ i^>w723^. 1 Sir George Robert Osbom, sixth baronet, to whom we are indebted for the portrait of his an- cestor, Sir Danvers, and also for the modem pic- ture of Chicksands Priory, near Shefford, Bedford County, died at the family seat January 11, 1892, aged seventy-nine. His grandson and successor, Sir Algernon Kerr Butler Osbom, seventh baronet, was bom August 8, 1870. From Miss Osbom, a daughter of Sir George, we received the pathetic letter written by Sir Danvers to his two sons which appears in f ac-simile on another page of this chapter. 288 HISTORY OF NEW-YOBK BIRTHPLACE OF SIR DANVBRS OSBORN.l nent citizens, defiled up the hill from the Parade-ground into Broad- way, whose sides were lined by a great concourse of people. Flags waved from private houses, and windows and roofs were crowded with spectators. Wheeling to the right as Wall street was reached, the procession descended the slight declivity, halt- ing before the City Hall, and, forming in two lines, the governors passed be- tween into the building, whence the commission of Sir Danvers was read in the hearing of the as- sembled people. No sooner was this done than cannon boomed and all the church bells of the town began to ring. It was indeed a gala- day throughout : when night descended bonfires cast a ruddy glare from several street corners, and colored lamps adorned the houses of the more elegant and decorous citizens. Then there was feasting and banqueting, as there had already been for some days before.^ Sir Danvers Osborn was born at the family seat of Chicksands Priory, county of Bedford, on November 17, 1715, and was thus in the thirty-eighth year of his age when he took charge of the govern- ment of ISTew-York. He came of a family which held by inheritance positions of trust near the king's person from the days of Edward VI. Some of these functionaries were knighted, but in 1662 the bearer of the name and of the office was created a baronet. Sir Danvers suc- ceeded his grandfather at the early age of five, his father having died before the latter. He thus became the third baronet, while his rep- resentative and descendant to-day, Sir Algernon, is the seventh in succession. The mother of Sir Danvers was a remarkable woman. She is known in history as the Honorable Mrs. Sarah Osborn, as on account of her husband's premature death she did not acquire the title of Lady Osborn. She was the daughter of Admiral Sir Greorge Byng, afterward (1721) created Viscount Torrington, and sister of that unfortunate Admiral Byng who was shot in 1757 for "error in judgement " in retreating before the French at Minorca. According to Macaulay, there seem to be strong reasons to suspect that he was sacrificed for political considerations. His sister, Mrs. Osborn, made every possible efiiort to move the king to exercise that mercy which the court-martial recommended, but in vain. His last letter was to iThe southeast view of Chicksands Priory, in Editor a study of Osbom's brief incumbency, the county of Bedford, birthplace of Sir Danvers in manuscript, from which many valuable and Osborn, Bart., as it appeared in 1730. in teresting details have been derived ; see also 2 By the courtesy of Mr. Robert Ludlow Fow- " Documents relating to Colonial History of New- ler, there has been placed at the disposal of the York," 6 : 803, 804. SIE DANVBES OSBOKN AND SIR CHAELES HAEDY 289 her, and she also sacredly preserved a note of Voltaire's to the admiral, inclosing a letter to him of the Duke of Eichelieu, the commander of the French fleet, exonerating his opponent from all blame, inasmuch as the forces at his command were utterly inadequate. Voltaire's note and its inclosure are still to be seen at Chicksands Priory. Truly this lady's lot was a hard one, for soon we shall have to record her son's violent end, when again, as in his own youth, the management of the estates of the baronetcy was thrown into her hands during a long minority. At the age of twenty-five, in Sep- tember, 1740, Sir Danvers was mar- ried to Lady Mary Montagu, a daughter of Greorge, Earl of Hali- fax, and sister of that Lord Halifax who was one of the lords of trade. To this lady he was devotedly at- tached. She bore him two sons, but immediately after the birth of the second, in 1743, Lady Osborn died, plunging him into an inconsolable grief, which threatened to unseat his reason. " Sir Danvers never seems to have recovered his spirits after his wife's death," writes a descen- dant. " For some years he led a rest- less and wandering life, . . . and was elected member of Parliament for the county of Bedford. ... In 1745, during the rebellion of the young Pretender, he raised a troop of men, and led them in person to support King Greorge. In 1750 he went to Nova Scotia for six months on a visit to the governor, Lord Cornwallis." " Finally his brother- in-law, Lord Halifax, then the president of the board of trade and plantations, exerted his influence to secure for him the position of governor of New- York. It was hoped the entire change of scene, as well as enforced activity, would prevent his mind from brooding over his sorrow. But the sequel proved that the step was ill-advised, and the kindly intentions were destined to be fatally disappointed. Probably by reason of the shocking event that terminated the series, there is great minuteness in the account of the occurrences that at- 1 Admiral John Byng, fourth son of Viscount Torrington, from » photograph of the original picture hy Hudson at Chicksands Priory. 2 " Political and Social Letters of a Lady of the Eighteenth Century," edited by Miss Emily F. D. Vol. II.— 19. Osborn (youngest daughter of the late baronet), New-York, 1891, pp. 11, 12. The person thus referred to was the Hon. Mrs. Osborn, Sir Dan- Ters's mother. 290 HISTORY OF NEW-YORK ^rrzif ^a^^*i^r't»^ Cf>nfj tended tlie arrival, the inauguration, and the assumption of his new duties by Governor Osborn. On August 22 he sailed from^ Ports- mouth in H. M. S. Arundel, and two days before wrote to his sons, lads of about twelve and ten years respectively, the letter which we subjoin in fac-simile, and which is extremely pathetic in view of the fate which we now know was im- pending over the affectionate and stricken parent.^ On Saturday, October 6, 1753, the vessel that had conveyed him. across the ocean entered New- York harbor. On the next day, Sunday, the 7th, Sir Dan- vers landed in state at the foot of Whitehall street, and was formally received by the royal council, Gov- ernor Clinton be- ing at his country-seat at Flushing, Long Island. Although it was Sunday, the festivities were begun by a banquet in honor of the new incumbent ; the next day Clinton came into town, and had a confer- ence with Osborn at the governor's residence in the fort. On that (Monday) evening again a public dinner was given, at which both Sir Danvers and Clinton appeared, and which was tendered by no of&cial body, but by the prominent citizens of the colony. As the mansion in the fort was undergoing repairs preparatory to the change of occupants, Sir Danvers was invited to the house of a member of the council, Mr. Joseph Murray. This gentleman had married one of the daughters of Governor Cosby, and as Mrs. Cosby was related to the Earl of Halifax, Mrs. Murray was also a distant connection of the late Lady Osborn. Mr. Murray was a man of ample fortune and of marked ability. He " was the principal lawyer of the iThe original letter is indorsed by the Hon. Mrs. Osborn, as follows: "Sir Danvers Osborn, August 20, 1753, to Ms two sons, from Portsmouth. Sailed from thence Aug' 22 — to that unfortunate Government of New-York, where he arrived, Oc- tober 6, and dyed the 12 — ". The copy of this interesting letter, with this indorsement, was furnished to the Editor by the courtesy of Miss Emily P. D. Osborn, whose work has been cited on the previous page. SIE DAJSrVBES OSBOBN AND SIR CHAELES HAEDY 291 province, and a leading member of the royalist party.'" His house was situated on the lower part of Broadway, the garden in the rear extending to the edge of the Hudson Eiver, which, as is known, then came up as far as the present Greenwich street. Mr. Murray's home " was for that time in America a very luxurious one. . . . Sir Dan- vers must have been quite as comfortable there as in his own house in England. The difference in the material comforts of the two coun- tries was not then more marked than now, the colonial English gen- erally importing much of their contemporary comforts to their colonies and territories."" On Tuesday, the 9th, Grovernor Clinton made a formal call on Sir Danvers at his host's, and the day was also marked by the presentation of the freedom of the city in a gold box. The 'f^p^^pjn \ S /r ■5^^((«i, ,r>sl'^ CHICKSANDS PEIOET AS IT IS AT PRESENT. ceremonies and jubilations of the inauguration, on "Wednesday, the 10th, have already been described. Even then the shadow of the sad event to come had begun to settle upon the new governor. The crowds that lined Broadway and Wall street as the procession passed gave vent not only to their enthusiasm at the sight of Sir Danvers, but that of the retiring governor excited them to an ill-timed and coarse anger, and they uttered shouts of derision and words of vituperation against him. This did not affect Clinton half as much as it did the sensitive Osborn ; and he gave evidence of the fact that this ill-mannered con- duct had made an impression upon him by the effort to soften its unpleasantness for his predecessor. He observed that he fully expected to be himself made the mark of such assaults ere he had been long in the government. An intimation of the perfect correctness of this presentiment was received by him on the very next day (the 11th), 1 These citations are from Mr. Fowler's MS. 2 Doc. rel. Col. Hist. N. T., 6 ; 804. 292 HISTOEY OF NEW-YOEK THE OSBOEN ARMS. while, so to speak, the echoes of the cannon and the bells celebrating the joy at his coming had scarcely ceased. In the address' from the corporation had occurred this clause, expressing the assurance that his Excellency would be as " averse from countenancing as we from brooking any infringements of our inestimable liberties, civil and religious." ^ The governor did not like either the words or the tone of this passage : he distinctly contemplated requesting the corporation to remove it from their address, but wiser counsels dis- suaded him. In the face of this determined stand of the colonists, he remembered that his instructions called for a specially determined effort to curb this very spirit and curtail some of these all too liberal privileges. He in- quired of one of the councilors how the enforcement of these instructions would be met. He was informed that the provincial assembly would not yield an inch of the power which had passed into their hands when the grants of revenue had been made annual with detailed appropriations, instead of for a number of years and undistributed. When this reply was made the disconsolate chief magistrate bowed his head, and sighed, " What then am I sent here for ? " - to which there was no response. Immediately after the inauguration dinner, while the other guests still remained at the table. Sir Danvers had asked to be excused on the ground of indisposition. On the next day (the 11th) he dined quietly at an early hour at the home of his host. Still complaining of illness, Mr. Murray proposed to him to take the air either in a car- riage or a ride on horseback. This being declined, and his guest's depression of spirits appearing to increase, the best physician in town. Dr. Magraw, was summoned ; but his prescription was disregarded, and the governor retired early to his chamber, ordering some broth to be prepared.^ It was the last time that he was seen alive. Early the next morning, Friday, October 12, the body of the unhappy Sir Danvers was found suspended from the fence in Mr. Murray's garden. It is not difificult to imagine the consternation that must have seized upon the little colonial capital as the news of this dreadful oc- currence was noised abroad. Several governors had died in office, and some suddenly ; but none of these deaths had been of this char- acter, after a rule of but two days and apparently by suicide. The 1" History of New-York," by William Smith (oont. to 1762), in 2 vols. (N. T., 1830), 2 : 183. 2 lb., 2 : 185. 3 "All the papers and chronicles of the time are very precise about the new governor's movements, and particiilarly how and where he dined and supped. . . Mr. Murray, in a deposition taken under oath by order of the council to be sent to England, states that the physician ordered ' sack whey.' Sir Danvers declined, and ordered his servant to bring ' broath ' instead. Mr. Murray seems to have thought this fact of importance, and that the most skeptical lord of trade of the last century would be convinced that a man who preferred broth to sack-whey must be mad in- deed." Mr. Fowler's MS. SIE DANVEBS OSBOBN AND SIB CHABLES HABDY 293 THOMAS POWNALL, SECEETAET TO SIR DANVERS OSBOBN. heat and bitterness of party spirit did indeed dare to broaeli the sus- picion that the adherents of the lieutenant-governor had sought this execrable means of placing their favorite in power. But this charge was too monstrous to be seriously or long entertained even in that day. Yet it led to careful depositions regarding the attending circum- stances, which were sent to England to convince the lords of trade that there had been no foul play, but that Sir Dan vers had died by his own hands. The funeral occurred on the next day (October 13), and as the Eev. Henry Barclay, rector of Trinity, had felt some scruples 294 HISTOBY OF NEW-YORK about consigning his Excellency's remains to the grave with the usual ritual, the unhappy fact (which, however, lessened the horror of the deed) was clearly brought out by other depositions that insanity had before visited the heartbroken baronet for a brief period since his wife's death, and that he had even attempted his life before. By the testimony of his private secretary ^ and other companions on the voy- .^ age, and of close observers of his actions throughout ^^^ ^ the inaugural exercises, it was proved that the change ^^^^^^^^— - from England to America, and the assumption of new and untried activities, so far from affording the hoped-for relief from the threatened malady of heart and brain, had really only aggravated it and hastened the fatal result." It must be confessed that the political opinions or at least affilia- tions of the prominent New-York personages and their families in the middle of the eighteenth century present many puzzling complica- tions. By a most arbitrary exercise of power, at the mere nod of Q-overnor Cosby, Chief Justice Lewis Morris, the favorite of Robert Hunter, had been removed from his high office, and James De Lancey, not yet thirty years of age, appointed in his place. That De Lancey heartily acquiesced in this infringement upon colonial liberties was shown not only by his acceptance and retention of this office, but in a marked degree by his conduct at the Zenger trial. On a previous page have been described his contentions with the two great jurists, William Smith and James Alexander ; they calling in question the vahdity of his appointment, whereby he was compelled to disbar them. Then De Lancey was the stanch champion of the governor and of the prerogatives of the crown; while Smith and Alexander hav- ing fomented the opposition against the governor in the very news- paper that appeared in the libel suit, continued after their legal victory to agitate in favor of popular rights. During the next administration there was a complete change of base. The animosities awakened by the trial continued the same, but they led the combatants to an interchange of camps. Q-overnor Clinton claimed that De Lancey remained friendly toward him only until by this dissembling con- duct he had induced his Excellency to change the tenure of his office of chief justice from one at "pleasure" to one on "good behavior." As soon as the latter had been effected, making De Lancey indepen- dent of the governor, it was charged that he threw himself into 1 This was Thomas Pownall, Esq., who remained cited his own recall from that government, he in the colonies after Sir Danvers's death, and by was at once made govei-nor of South Carolina, a Ma intelligence and industry raised himself finally post which he held for ten years. He had been to a high rank in then- service. He was an author offered the governorship of New- York, but de- before he left England, having published a work clined it. He died at Bath, in 1805, at the age of on the philosophy of political institutions. In 1757 85 years, he was appointed governor of Massachusetts, 2 Fowler MS. notes, served three years with ability, and having soli- SIR DANVEES OSBOEN AJJD SIR CHARLES HARDY 295 the ranks of the opposition, determined to render Clinton's posi- tion as unpleasant as possible. But we may well look for some other cause than mere caprice, as De Lancey's support of the governor was in entire accord with his course during the incumbency of Cosby and Clarke, a period of near- ly eleven years. There no doubt was a quarrel, and hence it is equally certain that the governor gave De Lancey some reason to be offended. It is also to be observed that there appears to be no rupture between these high functionaries till three or four years after Clin- ton's assumption of the gov- ernment. But after that there is scarce a letter writ- ten by the governor to the lords- of trade, or to individ- ual members of that board, or to private correspondents, that does not reiterate with painful monotony the story of the evil conduct of the chief justice. He regrets that he has made his appointment to depend on good behavior, and actually discusses the question whether that step on his part could not be annulled at home.'^ His complaints, bitter and unending, against De Lancey (as has already been more fully related in the preceding chapter), were met by the authorities in England in a most startling manner, exceedingly humiliating to the governor. While seeking to lower him in the es- teem of the lords of trade, Clinton, on the other hand, sounded the praises of Cadwallader Colden, and recommended that the latter be appointed lieutenant-governor. He descanted on the advantages of creating such an office at the present juncture, when matters were fast ripening toward the breaking out of the French and Indian war, and when the governor had to be absent from the capital so frequently to adjust relations with the Indians and the other col- onies.^ The ministers at home saw the cogency of his recommenda- tion so far as the office was concerned, but passing by the gentleman whom he named as peculiarly fitted for it, they conferred the honor 1 Doc. rel. Col. Hist. N. Y., 6 : 356, 357. 2 lb., 6 : 313. 296 HISTOKY or NEW-YOBK METHODIST CHURCH IN JOHN STREET. on none other than Clinton's persistent enemy, James De Lancey,who retained at the same time the chief justiceship. On October 27, 1747, this appointment, with the commission, was received by the governor; and as he had requested a leave of absence, he would have been com- pelled to hand the commission to De Lancey at once, and allow him to indulge the satisfaction of being chief ruler for a brief period.^^ To prevent this Clinton actually declined to avail himself of his permission to leave. On the death of Sir Danvers Os- born the lieutenant-governor, by vir- tue of this same commission of 1747, was duly invested with the govern- ment of the province. From his own account we learn that on the morning of the inauguration the retiring gov- ernor handed this commission to De Lancey in council before Sir Danvers read his. On the fatal Friday, the council having been hastily sum- moned, De Lancey read the document only in the presence of the mem- bers and the officer of the guard, as anything more public would have been inappropriate. The acting governor's first care was to appoint a committee consisting of James Alexander (the oldest councilor present), John Chambers (second justice of the Supreme Court), and Mayor Hol- land, to make an investigation into the cause of Grovernor Osborn's death. The assumption of the government, however, placed De Lancey in a very curious, if not anomalous position. He had devoted all his talents and energies to oppose and harass Grovernor Clinton. But the royal governors stood for the royal prerogative, and the burden of its demands was limited to one cry : a permanent revenue, without spe- cific appropriations. De Lancey had, therefore, been the advocate of the opposite policy: annual grants, definitely appropriated. That was the popular cry, and Cosby's chief justice, and Zenger's very partial judge, must perforce take up that cry, and identify himself with the popular party. This sent Smith and Alexander, the champions of Zenger and of popular rights, into the ranks of the governor's and the royalist party, and Clinton urgently recommended their reinstate- ment in the council, whence Cosby had banished them. It is somewhat disheartening thus to notice personal pique determining men's stand on great questions of public policy ; but, doubtless, many patriots who now are lauded to the skies permitted similar motives to influ- ence them. Fortunate those who were thus unworthily led to adopt the popular or successful side ; but this should make one less harsh 1 Doc. rel. Col. Hist. N. Y., 6 : 416. SIE DAI^VERS OSBORN AND 8IE CHARLES HARDY 297 in judging those who conscientiously and, therefore, worthily resolved to stand on the losing side. ' ,. ^ With a record of strenuous support of the provincial assembly in their plea for annual grants, what was De Lancey to do now that Sir Danvers Osborn's instructions passed over to him to be carried out 1 Delicate and difi&cult as was his task under the circumstances, yet it was in reahty greatly facilitated by reason of his known sympathy with the opponents of the government's claims, and his former strenuous ad- vocacy of their policy. It could easily be appreciated by them that in his capacity as acting governor he inust perforce press the instruction on this point; but then they would know that it was merely perfunctory, and that if they disregarded this injunction, it would not be his fault, and would not cause him any chagrin. While he must necessarily report their adverse action, the s^rit in which this would be done would radically differ from that of the previous governor; and the manner of reporting, together with his comments, might even lead the home authorities to understand the folly of insisting upon that which it would be impossible to obtain. As appears from a letter to Gov- ernor Hardy, this result was actually attained to a moderate extent. How well De Lancey avoided offending both parties, yet remained per- fectly loyal to his convictions as well as to his superiors, is shown by some passages in a letter to the lords of trade, dated January 3, 1754, the first in which he treats of the mooted point : " Governor Clin- ton . . . took up with the annual salary of £1560 for some years suc- cessively; he then, upon some dissatisfaction with the Assembly, tryed to have the support in the former way, but could not obtain it by the rougher method of Dissolutions. I have tried the softest Methods I could, but to as little purpose. The principal members frankly told me I might dissolve them as often as I pleased, as long as they were chosen (which I hear most of them would be again, if dissolved on that point) they would never give it up." And now is indicated the beneficial results of the entente cordiale between the lieutenant-gov- ernor and these refractory assemblymen. In their resentment against Clinton, the practice of annual grants had been pressed so far that some of the clear prerogatives of the king as executive had been in- vaded. Hence, in a " Representation of the Lords of Trade to the King," they justly complained " that the Assembly have taken to themselves not only the management and disposal of such publick money, but have also wrested from your Majesty's Governor the nomination of all offices of Government, the custody and direction of the publick mili- tary stores, . . . and in short almost every other executive part of Government." It is doubtful whether at Clinton's instance the as- sembly would have yielded even these unwarrantable powers. But it was different under De Lancey ; and so he is able to report to the 298 HISTORY OF NEW-YOEK lords : " What they would come into was, . . . not to meddle with the executive part of the Government, which I had convinced them was an encroachment on His Majesty's Prerogative, the Executive Power being solely in the Crown." ^ Aside from these legislative diffi- culties, the times were trying, for the French and Indian war was impending, and, indeed, hostilities had already begun. There were men to be enlisted, military stores provided, and money to be raised for defense and attack. Through all this the New-York assembly kept a keen and wakeful eye upon its rights. But De Lancey's neu- trality or impartiality between the two contending forces was really an advantageous circu.mstanee. In all his letters he points out the obstinacy of the assembly, but also the danger of unwisely provoking it on the part of the home government. He wishes to remain true to the unwise instructions, but, in one instance, boldly transgresses them, and writes : "I hope the necessity of securing the Province and of obtaining money for the use of the King's troops . . . will plead for my excuse in breaking through my Instructions by giving my assent to a Law for a paper Emission without a suspending clause; I could not get money in any other way, as your Lord""^^- may be convinced of from what passed between me and the Assembly on this Subject last fall." ^ The lords of trade must have been more than ordinarily blind not to have commended his independent judgment and action in this emergency. In fact it would seem as if the inter- ests of the colonies, and of the crown if it wished to retain them in possession, would have been immensely promoted by leaving in power such men as De Lancey, born in the country, in touch with its citizens, yet loyal to England so long as it acted wisely and justly. But a native Englishman, one near the court, one who must be rewarded by place, one who needed a reparation of fortune, such was the ideal of the man for colonial governor in America ever in the minds of the ministers at home, fitness or capacity being very subordinate con- siderations; and such a one, answering in one or more particulars to this ideal, was again selected to supersede Lieutenant-Grovernor De Lancey in the government of New- York. As early as January 29, 1755, an order of council, regularly con- vened with the king present, was executed appointing as captain-gen- eral and governor-in-chief of his Majesty's province of New- York a gentleman named " Charles Hardy Esq"" " in the document. He was a captain in the royal navy, about fifty years of age at the time of his appointment, and in addition to or connection with this honor he must have been knighted by his Majesty, for the first communication of the lords of trade to him, before he had reached America, and dated August 12, is addressed to " Sir Charles Hardy, Knight." = He 1 Doc. rel. Col. Hist. N. Y., 6 : 820, 821 ; 831, 832. 2Ib., 6 : 941. s lb., 6: 960. SIR DANVEE8 08BOEN AIJD SIE CHAHLES HARDY 299 had been in America before, and had also borne a similar office there, having been appointed governor of Newfoundland in 1744. Embark- ing in the Sphynx early in July, the new governor of New- York ar- rived in the upper bay on September 2, 1755. The formal reception and his landing took place next day, but on that same evening the lieutenant-governor caUed on Sir Charles on board the ship. It was a great relief to the latter that so efficient and experienced a person remained near him in the government, for he felt himself entirely un- fitted for many of the duties that belonged to his present station. The opponents of De Lancey called in question his right to return to the functions of chief justice, or, in case he reassumed them, to continue as lieutenant-governor. The case was even submitted to the attorney-general by the lords of trade.^ But the decision was in favor of his continuance, and the governor practically upheld De Lancey in the exer- cise of the duties before that decision, be- cause he felt his assistance indispensable to himself. A vivid account has been left us by the historian "William Smith of a scene where he was himself present, his father taking part in the conversation, of which he " made a minute as being too characteristic of Sir Charles to be omitted" from his his- tory. There was to be a trial before him as chancellor, and he was in despair how to proceed. He had asked the chief justice to come, but as the time for the hearing of the case drew near, and it grew past the hour set, that officer failed to appear. His Excellency then called the counsel of both sides into a private room, and asked them : " Does- this matter turn upon a point of law 1 " He was assured it did. Thereupon he made this frank and sailor-like reply : " I have been justice of the peace in England, but know noth- ing of the law. My knowledge, gentlemen, relates to the sea : that is my sphere. If you want to know when the wind and tide suit for go- ing down to Sandy Hook, I can tell you that. How can a captain of a ship know anything of your demurrers in law?" Here the chief justice came in, much to the relief of the governor. " The cause was afterward debated and a decree pronounced by De Lancey, who dic- tated the entry to the register," continues the historian; "the gov- ernor, who awkwardly sat by, interfered only to pronounce an amen." ^ ^')>|^ \ ^'xiSf.N ) ■^"■^ ■■'■ r%.^,\ i. \ih ^^^H ^ ^^M r A^^Ka W^ll 1 Doc. rel. Col. Hist. N. T., 6 : 951. 2 William Smith's "History of the Late Province of New York" (in 2 vols., New -York, 1830), 2 : 274-276. 300 HISTORY OF NEW-YORK: Meantime tlie French and Indian war was in progress, giving Grov- ernor Hardy nmeh work of a nature more congenial to his training. Indeed at last he gi'ew so tired of merely playing governor, while the sphere that he loved was affording such fine opportunities for the dis- play of his aptitudes, that he begged to be relieved from the govern- ment of New-York and to be transferred to some post in the royal navy. In the year 1757 that re- quest was granted, and on June 3 he placed the chief direction of affairs once more in the hands of Lieutenant-Governor De Lancey. Sir Charles Hardy was made rear- admiral of the white, took part in the taking of Louisburg in 1758, and, after attaining the rank of ^ ^ vice-admiral, on retiring from ac- '^'^- '^t^^^'^^.^!^. tive service he was appointed gov- ernor of Greenwich Hospital in 1771, and died in 1780, at the age of seventy-five. It may be readily appreciated Aa&^. -'^''^'^'^^^•^^^^r^^T!^^ from De Lancey 's superior talents ^'^'^'^'^^f^^^^^^^.,^ as well as experience, by the side of ^.£9ul^JX4^&^f=^'^^*^ V' Hardy's cheerfully avowed incapa- city, that the close friendship and entire harmony between governor and lieutenant-governor meant the ascendancy of the latter in the ad- ministration of affairs throughout the brief period of Sir Charles's presence in New- York. There was thus practically no change in the government when De Lancey again acted as chief magistrate. He retained this prominent position for exactly three years and two months, or until the day of his death, August 4, 1760. The opulent De Lanceys occupied many fine mansions in the city and vicinity. The founder of the family built that which later became Fraunces' Tavern, on the corner of Pearl and Broad streets. This passed into Oliver De Lancey's hands, being bought by Samuel Fraunces of the latter. Stephen De Lancey also built a large house on Broadway, just above Trinity Church, which later became the City Arms, and on the site of which stood till within the recollection of many now living the City Hotel. Here James De Lancey resided when in town ; but about a " mile out of town," above Grand street on the Bowery Road, or between Grand and Rivington streets, at some distance from the road, whence a long lane of venerable trees led up to the house. SIB DANVEES OSBOKN AND SIR 0HAELE8 HAEDY 301 stood the lieutenant-governor's country-seat. It was here he died. He was a sufferer for many years from asthma. On the day previous to his decease he had had a conference with the governor of New Jersey on Staten Island. Crossing the broad bay in an open boat in the damp night air, and then riding out, probably on horseback, to his country-house, brought on a violent attack of his trouble, and on the morning of August 4, 1760, he was found dead in his chair in his library. He was but fifty-seven years of age, but his career had been a successful and brilliant one. He doubtless had his faults, but it is to be remembered that the historian William Smith, the ever exhaust- less source for recent historians of the city, was a violent partizan against him, and therefore has doubtless taken care that his faults should not fail to appear for the edifi.cation of posterity. The oldest member of the provincial council, first appointed in 1722, and whom for that reason Grovernor Clinton recommended as lieutenant-governor, was Dr. Cadwallader Colden. As president of the council he became ruler of the province on De Lancey's death. The son of a Scotch clergyman, born in 1688, he graduated from the University of Edinburgh in 1705, studied medicine in London, and came to America in 1710. In 1715 he returned to England, married, and settled in Philadelphia a few years later, practising his profession. In 1718 he came to New-York. His intellectual capacity and his scientific and literary attainments were great and various, one biogra- pher saying of him that he was " known in the scientific and literary world as a physician, botanist, astronomer, and historian." ' He was the first to suggest the formation of the American Philosophical Society. At the time he succeeded De Lancey he was already seventy- two years of age ; and he was destined to occupy this exalted place with only brief intervals for fifteen years more, dying in 1776, at the age of eighty-eight. When De Lancey went over to the opposition Governor Clinton's main reliance was Dr. Colden. But even the latter became alienated by reason of his chief's unreasonable conduct in seeking to force the assembly into compliance with his demands. Yet he was not too cordial in his relations with the lieutenant-governor, who had in a measure usurped the place which by length of service belonged to himself. It came to him now as president of council, and thus he governed the province for one year, when a commission as lieutenant-governor reached him. But after three months arrived also the new governor, G-eneral Eobert Monckton, and for a time Colden retired from the chief direction of affairs. We have purposely hurried over these later events affecting the suc- cession of chief magistrates of the province, becau.se it is more than time to glance at the local incidents which distinguished their several 1 " Documentary History of New-York," 3 : 829 ; note by Dr. E. B. O'Callaghan. 302 HISTORY OF NEW-YOKK administrations. Prominent among these was the founding of Colum- bia (then King's) college, and the erection of its first buildings. Almost in the midst of the consternation produced by Sir Danvers Osborn's death, during the autumn of 1753, matters had advanced so far in the history of the college that its first president, Dr. Samuel Johnson, rector of the Episcopal Church at Stratford, Connecticut, was called to assume the duties of that office. Before this the wardens and vestry of Trinity Church, under the inspiration of the Rev. Henry Barclay, the rector, had granted to the trustees of the college a large piece of ground, part of their "farm," for the purpose of putting up suitable buildings, sit- uated, as a contempo- rary historian asserts, " in the suburbs of the capital." ^ Upon this ground the first college hall was erected, in the shape of a quadrangle, the longest side of which faced the river. It formed a prominent object in the view of the city from the opposite shores of New Jersey. The money for the institution was raised in the first place, according to the custom of the time, by lottery. The act authorizing this received G-overnor Clinton's approval on December 6 (St. Nicholas's Day), 1746, and the sum fixed upon was twenty-two hundred and fifty pounds (say $11,200). ^ But individual gifts of large sums were also contributed, both in England and in the proAdnce. Among the largest donors appears the name of Sir Charles Hardy. It was while he was governor that the condition of the finances and the prospects of attendance at the lectures seemed to warrant a beginning with building, and accordingly the corner-stone was laid by his Excellency himself in August, 1756. While the found- ing of such an institution augured well for the future of the city, insuring an increasing element in the population possessing the ad- vantages of mental cultivation, it is unfortunate that it also became the occasion of initiating family feuds and fomenting religious or sectarian jealousies. As if the political arena had not sufficiently drawn lines of bitter hostility, two families not hitherto hostile on that ground, the De Lanceys and the Livingstons, divided upon questions connected with the terms of the charter. These seemed COLUMBIA COLLEGE IN 1768. 1 Smith's History of New- York, 2: 233. We can hardly reflect without a smile that these grounds were about identical with the blocks bounded now by Murray and Barclay streets, Church street, and College Place. 2Ib., 2 : 112. SIR DANVEES OSBOEN AND SIR CHAELES HAEDY 303 inclined to give a preponderating influence in the management of the college to the Episcopal Church ; the Livingstons were Presbyte- rian, and objected to the charter as it read. As De Lancey, although personally convinced of the propriety of the objection, had deemed it best to let the document pass the seals, the Livingstons conceived a bitter enmity against him and his adherents ; and, the quarrel being on denominational grounds, the members of the other sects, whose numbers were preponderating both in the city and province, were encouraged in their rancor against the Church of England, These animosities would be too trivial to deserve mention here, were it not that the great struggle of the Revolution was approaching. All these minor and local incidents gave color to the larger strife to come, de- termined the taking of sides, aided to inflame hearts, and thus are lifted into some significance by the dignity of the nobler sequel. From the first college in the city to its earliest library is a very natural transition; yet in this case again the merest outline is alone permitted, as the subject extends through several administrations as well as into the next century, and will receive special and exhaustive treatment in another volume. It must be observed, however, that during the period now under consideration the foundation of the So- ciety Library was really laid, although the Corporation Library, ab- sorbed by it later, had already come into existence. The aim and spirit of this undertaking, as conceived by the projectors, are excel- lently set forth by William Smith, the historian, and his words are es- pecially of weight and interest as expressing the feeling of the need of such an institution by an educated and enlightened citizen living at the time and deploring the lack of its advantages in an opulent but aU too commercial city. He says : " In the Month of March, 1754, nearly six hundred pounds were raised toward promoting a spirit of inquiry among the people, by a loan of the books to non- subscribers. The project was started at an evening convention of a few private friends." The names of that company are worth pre- serving : " Messrs. Philip Livingston, William Alexander [afterward known by the title of the Earl of Stirling], Eobert R. Livingston, WUliam Livingston, John Morin Scott, and one other person." It may be strongly suspected that this " one other person " was the his- torian himself, who thus modestly leaves his name unmentioned. For it is deserving of attention that, as the four Livingston brothers had been sent to Yale, where William Smith, Jr., also graduated, the pleasant circumstance reveals itself that three of these young college- bred men (and with Smith, four) were now in this practical manner giving proof of their zeal in the interest of education and popular en- lightenment. As the historian further remarks : " A foundation was laid for an institution ornamental to the metropolis, and of utility to 304 HISTORY OF NEW-YORK the whole colony ; for the remote object of the projectors was an in- corporation by royal charter, and the erection of an edifice, at some future day, for a museum and observatory, as well as a library."' The charter was granted under Governor Tryon in 1772, and the history of the succession of its edifices, until the present one in University Place, must be reserved for a succeeding volume. The municipal government of New- York, during the period of this fivefold succession of incumbents of the provincial - chief magistracy, was presided over by two IRON CROWN FORMERLY ON gentlemen. One of these was Edward Hol- coLUMBiA COLLEGE. 2 land, whose term as mayor extended from 1747 to 1756, when he died; the other was John Cruger, mayor from 1757 to 1765. Mr. Holland owed his appointment to a species of po- litical persecution. He had been elected a member of the assembly to represent Schenectady, in 1745, which throws an incidental light upon the fact that the qualifications of members did not necessarily include residence within the district represented, for it is distinctly stated that he was a resident of New-York city. Under pretext that he was thus disqualified, however, but chiefly because he was known to be friendly to Governor Clinton, he was rejected by the assembly. Less than two years later the governor rewarded him by making him mayor of the city and a member of the royal council.^ He must have been able to maintain a position of neutrality among the factions which then dis- tracted city and province both, or else he would not have been con- tinued in the office under De Lancey and Hardy. When he had been two years in office (1749) a census of the city was made, and it was found that (with the addition of the outlying districts, or county, coterminous in fact with the city as per charter) the number of in- habitants, white and black, reached 13,294 souls. In 1757 the familiar name of John Cruger figured once more in the records of the city as that of its highest officer, the same office having been occupied from 1739 to 1744 by the father of the mayor now appointed. For ten years the younger Cruger directed municipal affairs, and though by virtue of his position a member of the governor's council, in the trying times that then came upon the people he was ever found their champion as against the encroachments of the king and parliament.'* It may not seem worth while to turn aside from the course of events, in a period so stirring as that of the French and Indian war, 1 Smith, New-York, 2 : 207, 208. 3 Smith, New- York, 2 : 92, 93. 2 This interesting relic is now mounted and 4 John Austin Stevens, "Colonial New-York: preserved in the library of the college. It sur- Biographical Sketches," pp. 6, 7. He was the mounted the cupola of the original college build- first president of the Chamber of Commerce, ing, an illustration of which is given on a previous 1768-1770, and died in 1791, aged 82. SIE DANVEES OSBOBN AND SIE CHAELES HAEDY 305 to note tlie erection of a private dwelling. But the " Walton" house celebrated by many historians of the city, merits that distinction. Its elegance, and the splendor of its hospitalities, even bore a part in determining parliament to inflict the stamp act upon the colonies, and thereby it assumes a national importance. In the middle of the eighteenth century William Walton had acquired great wealth in trade with the Spanish West Indies and South America. He enjoyed special privileges from the Spaniards, according to Lieutenant-Gov- ernor Clarke, who in 1738 informed the home author- ities that Captain Walton was " the only person in this place whom the Spaniards permit to trade at Augustine, where he has a Factor who has resided there many years." ^ He was living then in a house located on Hanover Square. In 1754 he determined to build himself a home in a style and of a cost commensurate with his increasing fortune, and he selected for its site a locality "well out of town." It was where Queen street rose into a hUl, whence the garden could slope down gracefully toward the East Eiver bank, and whence a fine prospect might be gained from the rear windows over that river, across to the green hills of Long Island, and adown the bay over Governor's Island and as far as Staten Island. From the front windows it is more difficult to im- agine what the view must have been. It may have embraced the depression where the waters of the placid Collect reflected the skies and the surrounding woods. Directly across from it the eye would light upon the King's Farm ; and possibly the flat shores of Jersey or the bold cliffs of the Bergen Heights may have been included in the prospect. The house is no more, and were it still in existence how different the prospect ! The building at 324 to 328 Pearl street, on Franklin Square, opposite Harper & Brothers' publishing-house, occupies the site. As late as 1867 an inscription still announced to the curious that this was " The Old Walton House." It was then 1 Doc. rel. Col. Hist. N. Y., 6: 128. Vol. II.— 20. 306 HISTORY OF NEW-YOEK HALL IN THE WALTON HOUSE. utilized as a boarding-house or hotel for sailors. Another step back, and we find in 1832 that the noble mansion, after nearly eighty years, was still intact as to its interior arrangements. In the "New- York Mirror" of March 17 of that year, the following description occurs : " It is a brick edifice, fifty feet in front, and three stories high, built with Holland bricks relieved by brownstone water-tables, lentils, and jams, with walls as substantial as many modern churches. The superb staircase in its ample hall, with ma- hogany handrails and bannisters, by age as dark as ebony, would not disgrace a noble- man's palace."^ Another writer of about that time, whose mother had seen it illuminated in celebration of the repeal of the stamp act, says of it : " It has even now an air of ancient stately grandeur. It has five windows in front ; has a double pitched roof covered with tiles, and a double course of balustrades thereon. Formerly its garden extended down to the river." ^ Garden and house have both disappeared ; there is not even that inscription, " coarsely painted in dingy white on its muddy red walls," to mark the spot where " the nonpareil of the city in 1762 " had fallen from its greatness. It was torn down in 1881. Three notable events in the history of transportation took place during the period covered by this chapter. Taking them in the order of the distances to which passengers were to be conveyed, the first to be mentioned is the ferry to Staten Island, established in 1755. The population of that island had risen to a considerable figure for those days (about 2300 souls), and it was necessary to accommodate the residents both of city and island, as in many ways their mutual depen- dence upon one another for the supplies of the necessaries or conve- niences of life demanded regular means of intercourse. On a fair day, with a good breeze blowing, the trip was not a formidable one; but in calms or storms, in fog or rain, the length of the time consumed and the hardships to be endured made the journey quite a serious under- taking. Fortunately that same winter (of 1755) presented no obstacles to the passage of the boats to and fro, as it proved to be very mild, so that the Hudson was entirely free from ice. The next " event " was the establishment of a stage route to Philadelphia in 1756. It was 1 John Austin Stevens, " Biographical Sketches," pp. 61, 62. 2 " Historic Tales of Olden Time in New-York City," by John F. Watson (New-York, 1832), p. 192. SIR DANVEES 08B0RN AND SIR CHARLES HARDY 307 not the first, as Solomon and James Moore had begun to carry pas- sengers between Burlington on the Delaware and Amboy, opposite Staten Island, in 1733-34, performing the task only once a week. The feature of the present enterprise was its unparalleled celerity. "Three days through only!" was its proud announcement. It is a slow train to-day that does not convey us to Philadelphia in less than that number of hours. In this same year (1756) the first British packet-boat began its voyages from New- York to Falmouth, Eng- land. It carried the mails, and the charge for each letter was four pennyweights in silver.^ While De Lancey, Hardy, again De Lancey, and finally Golden, ruled the province between the years 1753 and 1761, the cloud of war was not only hanging over the country, but burst in storms of considerable violence upon cer- tain parts of it. New- York prov- ince and New- York city, from their central position, necessarily played an important part in the French and Indian war ; and hence there arises the necessity of obtaining a clear view of the circumstances attending its conduct, though mainly from the standpoint of the city's interest and participation therein. The peace of Aix-la-Chapelle, putting an end in 1748 to the general European war known as that of the "Austrian Succes- sion," was still in force in Europe, so far as the surface of things went, when it had already been infringed for a year or two in America. In 1756 Frederick the Great of Prussia could restrain his ambition no longer, and precipitated the " Seven Years' War." But in 1754, or even earlier, the movements of the French in America had become so distinctly hostile in intent, if not in open action, that a general alarm spread throughout the English colonies, and emphasized the necessity of concerted action on the part of all. From the mouth of the Mississippi along the Ohio to the mouth of the St. Lawrence, it was the plan of the French to establish a chain of forts, to hem in the English upon the sea-border. It might thereafter be only a question of time to drive them off this territory also. The scheme was a mag- nificent one, and cannot but compel admiration. It was near enough 1 " Old New-York," April, 1890, pp.' 179, 180. In 1766 the journey to Philadelphia was reduced to two days (lb., p. 181). 308 HISTORY OF NEW-YORK realization, too, to merit more than admiration in those days, and to lift it above a mere visionary dream. But often do our enemies teach us our best lessons ; and the French chain of forts led to the eventual confederation of American States. In 1754 delegates from all the colonies met in Albany, New-York. The congress met mainly to conclude an alliance with the Six Nations against the French. It assembled in the court-house on Wednesday, June 19, 1754; Lieu- tenant-Governor De Lancey of New- York presided. There were twenty-three delegates : New- York being represented by four ; New Hampshire by four ; Massachusetts by four ; Connecticut by three ; Ehode Island by two ; Maryland by two ; and Pennsylvania by four, one of whom was Benjamin Franklin.^ Conferences were duly held with the Indians, and the usual flowery speeches exchanged; but at the session of Monday afternoon, June 24, ^//p' " a motion was made, that the Commission- ers deliver their opinion whether a Union of all the Colonies is not at present absolutely necessary for their security and defence."^ The motion being put, it was carried unanimously, Franklin was made chairman of the committee to draft a plan, and on July 10 the plan he proposed was adopted, and ordered to be laid before the several colonial governments represented at the congress, as also before those not represented. It provided for a president-general, appointed by the crown, assisted by a grand council composed of forty-eight repre- sentatives chosen by the several provincial assemblies ; none of the colonies to have less than two, but otherwise in proportion to their population, so that Massachusetts and Virginia were each to have seven, the highest number.^ Strange to say, this " Plan of Union," the forerunner of that confederation and federation which Franklin contributed so much to effect later, was equally distasteful to the colonies and to England. The latter apprehended too great power in the provinces ; the provinces were jealous of the too greatly cen- tralized power it would give the crown. But such a seed could not fail of fruitage, for it was laid within exactly the right kind of soil. Though political consolidation was not yet to be for many a year, and then only at the expense of British dominion, the idea of military combination was put into practical shape by the British ministry in 1756, when the Earl of Loudoun was made commander-in-chief of the army throughout British North America. His chief recommendation for the post must have been, as it almost always was in the case of the colonial governors, eminent and signal unfitness for the position. He was, says Bancroft, "utterly wanting in the qualities of a military IDoo. rel. Col. Hist. N. Y., 6 : 853. 2 lb., 6 ; 859. 3 lb., 6 ; 889; Banevoft, "Hist. United States," (ed. 1883) 2 : 387. ' SIE DANVEE8 08B0EN AND SIE CHAELES HAEDY 309 THE BAST RIVER SHORE IN 1761. officer, or of a statesman, or of a man in any sort of business." But the secret of the blunder made in the appointment lay in the fact that he was " a friend of Halifax, passionately zealous for the subordina- tion and inferiority of the colonies." This might have been a fine state of mind for a man sent to fight the colonists already in rebellion. But the effect of this temper in dealing with the people he came to defend was to hasten on their insubordination, and thereby to raise them from a state of inferiority to one of national independence and equality. His pres- ence in New- York city was attended by nothing but friction, by insult and tyranny on his part, by resistance and de- fiance on the part of both people and magistrates. Some of the chief events of the war had already taken place before the commander-in- chief appeared upon the scene. In 1755 four campaigns had been planned by Greneral Braddock, a narrow-minded, opinionated soldier, but then, at least, a soldier and a brave one, and not a mere puppet or figurehead like Loudoun. Braddock's expedition against Fort Du- quesne ended in disastrous failure and his own death. The second expedition depended upon cooperation with the first, as Grovernor Shirley of Massachusetts was to effect a junction with General Brad- dock after the reduction of Fort Duquesne, in order to proceed with combined forces against Fort Niagara. The third expedition was placed in charge of Colonel William Johnson, the famous Indian agent, and was to be directed against Crown Point. This alone was followed by the discomfiture of the French. It brings the blush of shame upon the cheek of one who feels for the honor of Englishmen that a fourth exploit planned for 1755 was also successful. "We need only mention that it was directed against the harmless and unresist- ing families of French farmers living in Acadia. That this outrage, which words fail to denounce as it deserves, has given us " Evange- line " is the single good that has come to the English name out of this disgraceful evil, only less infamous than the massacre of Glencoe. In these times of war on its western and northern frontiers, New- York city was the scene of much bustle and excitement. As early as 1755, after Braddock's defeat, De Lancey urged upon the British min- istry the advantages which New- York city possessed for establishing there " a general Magazine of Arms and Military Stores," for the sup- 310 HISTOEY OF NEW-YOEK ply of the various armies operating in different parts of the country. The lords of trade entirely agreed with him in this opinion. They therefore proposed that whatever the king should " think proper to order to be sent to North America (except such as are ordered for particular services) should be lodged in a storehouse at New- York, under the care of a Storekeeper to be appointed by His Majesty for that purpose, subject to the Oontroul and direction of the person who shall be appointed to the command of His Maj'^^ forces there, and of the Gov'' or Commander in Chief of New- York." ^ This, of course, meant business for New- York's citizens, a stimulus to trade in arms as well as in farm -products, an increase of profits for her mierchants ; but the arrival of troops was neither so pleasant nor so ad- vantageous to her citizens. In June, 1756, Sir Charles Hardy first announced that the Earl of Loudoun was coming to assume command of the army ; but ac- tual contact was not had with this brilliant individual until after Oswego had been disgrace- fully lost to the French. A thousand soldiers of the Tegular army were then sent down to New- York for winter quarters. The old barracks in the fort were fitted up after a fashion for their reception, but there was no room for the of&cers. The law, while requiring troops to be eared for, contemplated payment for the quartering; but Loudoun treated the provincials much as he would an enemy, and insisted, with profane threats and bluster, upon free quarters. Mayor Cruger firmly resisted the outrage, and, when the arrogant commander could not be brought to reason, led in a subscription among the wealthy inhabitants to pay for the lodgings of the of- ficers in the houses of those who could not entertain them without charge.^ Meantime efforts had been going on to put the city in a good state of defense, and on October 27, 1756, Sir Charles Hardy was enabled to write : " Fort George has gone through great repairs, and is now completed ; two sides and three bastions command the rivers leading to the city, and should properly have heavy cannon mounted for the defence of the harbour. Heavy cannon should be mounted in the Narrows, and upon Nutten Island, a ground, if the enemy should attempt this country with a fleet, they will make themselves masters of, and from whence they can easily bombard this city." ^ iDoc. rel. Col. Hist. N. Y., 6 : 1016. 2 Smith's Hist. N. Y., 2: 292, 294; Stevens, Biog. Sketches p 7 3 Doc. rel. Col. Hist. N. Y., 7 : 164. NORTH RIVER SHORE, TOWARDS LISPENARD'S, 1761. Sm DANVEE8 OSBOEN AND SIE CHARLES HARDY 311 Yet wMle the ■war-cloud hung over the land, the pres- ence of a body of troops in the city every winter led naturally to gaiety and so- cial activity. The earliest dramatic entertainments in the little town were given by officers of the army, who greatly impressed some of the fair and youthful deni- zens with their histrionic powers, although the more sober elements were dis- gusted with the folly of their antics. An ancient deed, dated about 1754, of a lot at 144 Fulton street, mentions that it was situ- ated "in the rear of the theatre-lot." This, therefore, must have been the site of the first theater; it stood midway between the pres- ent Fulton and John streets, with its entrance corre- sponding with No. 17 in the latter. In January, 1760, permission was given by De Lancey to build another theater in Chapel street,near Beekman. In the following November it was opened, the tragedy of the "Fair Penitent " being performed. The next night was given the "Provoked Husband," which one cannot help hop- The view given in the "South Prospect," etc., is a copper-plate engraving the " London Magazine " of Although some differences evident that it is hased found on page 270, which t\ Governor Clinton's time. text, called a reduced from published in August, 1761. appear, it is on the view ras printed in f^r / /^ ^. /" > • ; irz 1 C^^Z^CZti 'du This fac-simile of a letter written by Jonathan is conoeming the troubles on the northern boun- Beleher, Governor of New Jersey, was addressed to dary of New Jersey with New-York, and intimates Lieutenant-Governor De Lancey of New-York. It the possibility of war between the two provinces. SIE DANVEE8 OSBOBN AND SIK OHAHLES HAEDY 313 ing may have been a farce or a comedy, to relieve the gloom of the tragedy. The prices charged are fortunately on record : "Boxes, 8s.; pit, 5s.; and gallery, 3s." ^ There seems not to have been made any political " capital " out of this act of De Lancey's. President Colden's experience was very different. A similar license on his part was dis- cussed in the assembly and disapproved ; the mayor of the city urged the passage of a law forbidding theatrical performances, and popular sentiment in the future metropolis was so much averse to this form of amusement that in 1766 the theater in Beekman street was destroyed by a mob. How primitive society in New- York still remained, in spite of the sojourn there of generals in the army and inferior officers, many of whom belonged to the noblest English families, is shown by the fact that in 1757 the wife of General Grates " was generally reported as riding abroad in men's clothes, solely from the circum- stance of her wearing a riding habit after the manner of English ladies. . . . The manners of the times did not admit of such female display." - Yet the accumulation of wealth, with its attendant comforts and lux- uries of living, created a certain polish. This and the elegance of the interior appointments in the homes of the rich made the representa- tives or scions of English aristocracy glad to appear in them, and this necessarily produced an effect for the better upon New- York society as regarded the amenities of social intercourse, at least, placing the capital easily in the lead for social advantages in the estimation of the rest of the province. This interesting fact is clearly brought out by a lady who spent many years in colonial New- York and who was a close observer of the manners of those times. "At New- York," she remarks, "there was always a governor, a few troops, and a kind of a little court kept; there too was a mixed and, in some degree, pol- ished society. ... It was the custom of the inhabitants of the upper settlements, who had any pretentions to superior culture or polish, to go once a year to New- York. . . . Here too they sent their children occasionally to reside with their relations, and to learn the more pol- ished manners and language of the capital."^ 1 Old New-York, April, 1890, p. 180. Anne Grant; with a. Memoir of Mrs. Grant, by 2 Watson's Olden Time, p. 158. James Grant Wilson (Albany, New-York, 1876), 3 ''Memoirs of an American Lady," by Mrs. p. 47. 314 HISTOEY OF NEW-YORK NEW-YORK IN 1756. The original of the subjoined letter was written by an officer of the British navy, while his ship was anchored in New- York Bay. It was purchased at the sale of the library of Henry Thomas Buckle, the historian, and is now in the possession of a gen- tleman of Washington, D. C. New- York, August 15, 1756. I never was so much surprised as in finding this part of the world superior to Eng- land — the air is serene and the land fertile ; peaches, nectarines, apples and aU other fruits peculiar to the soil of Europe grow wild in the woods and only feed the particular beasts which inhabit them ; I cannot say the taste is. quite so exquisite and delicious, which I suppose may be owing to the want of grafting and transplanting — but the appearance looks so much like the golden age, and the first state of nature, that I could almost determine to spend the remainder of my Ufe here. The river leading to the city of New- York runs a considerable way into the country, but has a bar at the mouth, which prevents the entrance of very large ships ; the lands are cultivated as far as the eye can range, and the cottages inhabited by a variety of people from Germany, Holland, etc. New- York is an island, situated about 30 miles up Hudson's Eiver, bounded by Long Island on the east, and Staten Island on the south. The nobleness of the town sur- prised me more than the fertile appearance of the country. I had no idea of finding a place in America, consisting of near 2,000 houses, elegantly built of brick, raised on an eminence and the sti-eets paved and spacious, furnished with commodious keys and warehouses and employing some himdreds of vessels in its foreign trade and fisheries — but such is this city that a very few in England can rival it in its show, gentiUty and hospitality. It is a royal government, and the officers appointed by the Crown. There are very few Indians on this island, being all either cut oif by intestine wars or diseases ; the laborious people in general are Gruinea negroes, who he under particular restraints from the attempts they have made to massacre the inhabitants for their Uberty, which is ever desired by those (you find) who never knew the enjoyment of it. I cannot quit this colony without taking notice of a very particular cataract, which forms a prodigious arch, and (according to the eye) may fall about one hundred and fifty feet ; but what is more extraordinary, the mist, which is occasioned by the fall on a sunny day, forms a most dehghtful rainbow, and may be seen twelve miles off. There are romantic stories told of this cataract, but I am resolved to relate no more than I have seen. The Iroquois often appear here on business, and their appearance is more savage than I can describe. I cannot help telling you the ceremony of burying their dead ; all the relations paint their faces black, and twice a day make a most wretched lamentation over the grave ; the time of the mourning consists with the continuation of the black face, which is never washed, out of respect for the dead. The corpse is placed upright on a set, — and his gun, bow, arrows and money, buried with him, to furnish him with shooting implements in the nest world, where they believe is more game than in America — and that the delightful country lies westward. They have priests among them, called Pawaws, who, if it possible, make these wretches more ignorant than nature intended them to be. My stay, tho' very short here, has been attended with a most disagreeable circum- stance. When about three leagues from the ship, the boat's crew (consisting of ten men) rose on me, bound me hand and foot and run the boat on shore, where I might have perished had not two returned and unbound me, which two I brought to the ship again. They confessed that they had attempted to throw me overboard (which I never perceived), but something always prevented. Had they perpetrated their viUainy, I should have died by the mouths of some thousands of sharks — as I was at that time fishing on a bank where nothing could be more numerous. This is so striking an act SIR DANVER8 OSBOEN AND SIR CHARLES HARDY 315 of Providence, that had it happened to an atheistical person, it might have been the- happy means of converting him. From hence we are bound to the West Indies, which is a secret which never transpired till the day of our departure. I am a Httle chagrined at the circumstance, not being provided for so long a voyage. I am, &c., To H. M., Esq. Edwaed Thompson. P. S. We have one hundred and fifty people ill ia fluxes, scurvies and fevers. ADDEESS OF THE COEPORATION TO MAJOR-GENERAL AMHERST, WEDNESDAY, NOVEMBER 26, 1760. To his Excellency Jeffery Amherst, Esq.; Major General and Commander in Chief of aU his Majesty's Forces in North America, &c., &c. The Cordial Address of the Mayor, Aldermen, and Commonalty of the ancient City of New- York, in Common Council convened. May it please your Excellency, To the united suffrages of the british world ia favour of your Excellency's distia- guished merit, the mayor, aldermen and commonalty of the city of New- York, beg leave to add their most grateful tribute of thanks, for the invaluable services wrought by your superior wisdom and valour, in annexing the extensive country of Canada, to his majesty's dominions in America ; an acquisition so inestimable in itself, so pregnant with the most important consequences, cannot fail to shine with a supreme lustre, amid the most luminous events, and give to its author a rank exalted in the train of British worthies. Minutely to describe the innumerable advantages resulting from so signal a conquest, would be a vain attempt. Let millions yet unborn, mark the dis- tinguished blessings as they rise ; and while they reap the happy fruits of your mar- tial virtues, they wiU not cease to bless the name of Amherst. Yet, that we ourselves may not seem insensible of our happiness, permit us, Sir, to turn our eyes to the wide-extended frontiers of our many fair colonies over which his sacred Majesty has so long swayed his gracious sceptre. . . . How strangely altered is the amazing scene! . . . There the savage native, and more savage Canadian, was lately wont to seize the defenceless and inoffending peasant, doomed, with his tender wife and helpless children, to the most excruciating deaths, or a more dreadful captiv- ity. Hence, an universal horror seized the borderers. To this succeeded a general derehction, and the numerous settlements, abandoned to the relentless fury of an in- satiable foe, were soon reduced to dismal and undistinguished ruin. Husbandry felt the fatal effects of such a waste of country, and this city, famous for its commerce, be- held and wept the diminution of its staple. Thus, besides the keenest sympathy for our feUow-subjects, we have acted our own sad parts in the affecting tragedy. But Canada is no more. The peasant may return in security to his fields ; hus- bandry will soon revive ; the face of nature smUe with the blessings of peace ; & this flourishing city in the plenty of its markets. This surprizing change we attribute, with the most humble gratitude, to the paternal care of our most gracious, sovereign, in appointing your Excellency to conduct his victorious armies in America. Our restless enemies possessed of the two great rivers of St. Lawrence and Mis- sissippi, long since formed the horrid scheme of circumventing us with a chain of fortresses. This with unwearied industry they at length atchieved ; and by this gained the dominion of the lakes, and their connecting streams. The passes thus secured, as well into Canada, as our own country, necessarily procured them the assistance of 316 HISTORY OF NEW-YOEK numerous tribes of Indians, and not to say worse, shook the fidelity of the few who had so long valued themselves on our protection. Nothing then seemed wanting, but a little patience, till they had introduced a sufacient number of regulars from France. But in this they failed. Their sanguine expectations broke down the restraints of policy, and they began to execute the deep laid purpose before they had strength suf- ficient to ensure success. And yet, thus advantageously situated, they compelled us, in a defensive war, to toil thro' several campaig-ns, most of which ended in the Loss of some sort or tract of country. So true it is, that the inferiority of their numbers was in a great measure compensated for, by the possession of those important posts ; which, had they not been wrested from them by your unexampled conduct, seconded by the matchless heroism of the much lamented Wolf, and the vigorous efforts of his brave successors in command, would, in the hands of so vigilant, designing and indef atigabel an enemy, most probably have ended in the reduction of the whole British North America. This, Sir, is a hasty portraiture of the mighty evils, from which, by your triumphs, we have been delivered; evils to which we shall never again be exposed, unless our late restless neighbours should, by a restitution, be enabled to renew the execrable attempt. Yet what will more effectually perpetuate your name, Sir, with universal applause, to the latest posterity, are those innumerable benefits arising from an exclusive posses- sion of this vast continent. These benefits, the purchase of your labours, will unfold themselves in every revolving year till Great Britain shall become the imperial mistress of nations. Indeed, to view her in her present glorious state must swell the breast of her every worthy son. Her royal fleets seem already to give law to her neighbom-s. As often as they spread their canvas, even the insulting Gaul beholds with trembling expectation ; while, to her victorious armies, it is the same thing to march, and to con- quer. But the vast variety of soils and chmates in America, capable of producing every necessary and conveniency of life joined to the fishery on its coast, must infal- libly prove to our mother country, an inexhaustible source of wealth ; thus enabling her, as well by the power of her arms, as by withholding or bestowing the blessings both of art and nature, to humble the united arrogance of the most presumptuous op- posers ; and support the tottering fortunes of dependent states. Such, Sir, will be the wonderful effect of the conquest gained by those armies which you have Commanded with so much honour to yourself, and the nation ; a conquest too immensely valuable ever to be ceded to an enemy whose principal characteristic is, A perfidious abuse of favours. But, Sir, while so remarkable an event will never fail to furnish the most ample tes- timonials of your military acoomphshments, the ingenious mind must at the same time receive peculiar satisfaction, from the contemplation of another part of your uncom- mon character. "We mean your humane and generous use of victory. The picture of a conqueror, drawn from the greatest examples, recorded in the faithful pages of history, tho it strikes the soul with a mixture of admiration and terror, is seldom ex- pressive of the benevolent affections of the heart, even when the conquered are rather objects of commisseration than revenge; hence it is that your compassionate treatment of the vanquished Canadians must appear most singularly amiable, to require of a dis- armed, yet implacable foe, whose inhumanities have desei-ved the severest strokes of vindictive justice, nothing more than a quiet submission to the gentle dictates of British rule, is indeed a disinterested virtue ; and must convince the attentive world that Britons never conquer to enslave. To conclude ; Sir, that the God of armies may continue to furnish yoiir head with wisdom, your breast with fortitude, and your arm with strength ; that he may cover you with a shield, and make you terrible to your enemies in the day of battle ; that you may long hve to enjoy the gracious smiles of your royal master, the grateful acclama- tions of the British nation, and the peaceful eulogiums of an approving conscience ; Sm DANVEBS OSBORN AND 8IE CHAELES HAEDY 317 that your name may be remembered with thankfulness by the latest posterity ; and that your unwearied labours for the publiek welfare, may meet with their due rewards here; and an unfading crown of glory hereafter, are the earnest wishes and desires of, Your Excellency's Most Obedient humble Servants, The Mayor, Aldermen and Commonalty Of The City New-York. HIS EXCELLENCY'S EEPLY. To the Mayor, Aldermen and Commonalty of the antient City of New-York. Gentlemen, I Return you my most sincere thanks for the address you have been pleased to make me. It gives me very particular pleasure that the success of his Majesty's arms in the re- duction of Canada, has contributed so much to the happiness of the people on this con- tinent, and it is my most hearty wish, that this City may reap all the advantages it can desire from this conquest and that it may prosper and flourish to the latest time. I am, Gentlemen, Y^our most Obedient Humble Servant, jEPrEEY Amherst. The Corporation at the same time presented the General with the Freedom of the City in a Gold Box. A COPY OF THE POLL LIST. ELECTION FOB ASSEMBLY, FEBRUARY, 1761. Tlie candidates were : William Bayard, John Ckugek, James De Lancey, Philip Livingston, Leonard Lispenard, John Morin Scott. AUmer, Abraham Aelstyn, John Aimy, George Anderson, Joseph Anderson, Edward Akerman, Abraham Armstrong, John Anderson, Peter Anderson, George Amerman, John Anthony, Albert Anthony, Nicholas, Jr. Anthony, Nicholas, Sr. Acker, William Allen, Jacob Anderson, John Aljio, Albert Anderson, Jacob Anderson, Nicholas Arden, Jacob Ackley, Anthony ELECTORS. Alliner, John Algio, David Abeel, David Abeel, John Anderson, Abraham Abrahams, John Anderson, John Allen, Benjamin Auch, George Anderson, Elias Atkins, Robert Anderson, John Apple, John Abrahams, Andrew Arison, Benjamin Adolphus, Isaac Amerman, Dirck Anthony, John Attinger, Casper Anderson, William Anderson, Joseph, Jr. Ash, Gilbert Ackley, John Arden, John Arden, Thomas Abrahams, Abraham, Jr. Abrahams, Abraham, Sr. Anthony, Theophilus Abraham, Abrahams Alsop, John Able, John Annely, Edward Alstyne, Harmanus Alexander, Robert Amaur, James Amaur, John Amaur, Daniel Blanck, Jeremiah Blanok, Isaac Burnet, George Bussing, Peter Butler, Michael 318 HISTOEY OF NEW- YORK Ball. Isaac Bown, John Brower, Peter Borwel, Bartholomew Bennet, Isaac Benson, Samuel Burge, Richard Brown, James Brown, Duncan Bicker, Victore Brower, Charles Burns, George Breese, Sidney Beech, Alexander Bussing, James Brett, John Barnes, Isaac Bogart, John, Jr. Bogart, John, Sr. Bresteed, Andrew, Jr. Beyo, Rene Brewerton, George Bown, Samuel Bogart, Peter Brockhown, Thomas Brevoort, Alexander Bussing, Hermanus Banker, William Bell, Samuel Benson, Henry BrinkerhofI:, Joris Bertchell, Henry Brewer, John Brewer, David Brewer, Nicholas Brewer, Everardus Bidder, Richard Brown, William Beekman, Gerardus W. Brown, Thomas Burger, Casper Bonett, Daniel, Jr. Byvanck, Evert Byshop, John Bonticoe, Daniel Burger, Nicholas Burger, Lancaster Brewer, Cornelius Buskirk, David Blawveldt, Isaac Blake, Jonathan Berian, Joseph Benson, Adolph Bennet, John Bennet, William Brown, John Blag, Benjamin Bell, John Blundell, Christopher Burger, Peter Bown, Samuel Bernard, Daniel Burling, John Bowne, George Banter, Paul Burling, Edward Brasier, John Brower, John Butler, William Bogart, Cornelius Brinkerhofl, Dirck Bradt, Isaac Beekman, William Bice, Matthew Brower, Isaac Brower, Hendrick Bayles, Samuel Bridge, Samuel Bussing, Aaron Bogart, Jacobus Bogart, Nicholas Brasier, Isaac Bante, Wiert Bush, Isaac Bogart, Guillian Blank, Isaac Bante, Jacob Blank, Abraham Bogart, Henry Brower, Samuel Bante, Dirck Brunton, Thomas Berry, Samuel Banker, Adrian Banker, Evert Banker, Chr., Jr. Bogart, Nicholas Brown, Samuel Bailey, Elias Brower, John Burger, Daniel Baldwin, Stephen Brower, Abraham Busch, States Blank, John Brookman, Thomas Bockey, William Byvanck, John Brass, Adolph Brown, William Brestead, Andrew Brown, Thomas Brevoort, John Beekman, William, Jr. Beekman, Abraham Beekman, James Beek, William Brasier, Henry Bodine, "Vincent Belsen, Cornelius Brower, Alrick Brownjohn, William Beekman, Henry Baldwin, Joseph Brower, Peter Brasier, Abraham Bennet, Jacob BeiTien, Nicholas Bogart, John Brower, Jeremiah Bordwine, Jeremiah Bockhout, Peter Babingtou, Samuel Bailey, Isaac Bussing, Timothy Bender, Matthew Byvank, Anthony Bont, Jacob Barr, Henry Bogart, Henry Belknap, Samuel Bayard, Samuel Bayard, John Burger, John Brown, Samuel (butcher) Bevelot, James Brower, Jacob Baldwin, William Bayley, Josiah Byvank, Peter Bogart, James Bedford, Thomas Blanko, Francis Berry, Charles Bussing, Abraham Berrie, Francis Burrows, Lawrence Beekman, Charles, Jr. Bonet, Daniel Brestead, Simon Bingham, John Bogart, Adrian Brass, Heniy Brower, Everardus, Jr. Biglow, John Boss, John, Jr. Blackwell, Jacob Burnes, James Burtus, Arthiir Brevoort, Henry Beekman, William, Sr. Banker, Abraham Bussing, Aaron Barclay, Andrew Bayard, Nicholas, Jr. Bayai-d, Samuel (V. M.) Bogart, Martin Bayard, Nicholas, Sr. Beekman, Charles, Sr. Cruger, Henry Casting, Gideon Cowenhoven, John CoUard, Michael CoUard, James Cobb, William Crosby, Samuel Cannon, Arnold Cowley, William Clowser, Jacob Carter, Daniel Cook, Richard Coon, David Carter, Samuel Canby, James Cornelison, Michael Clopper, Peter Courty, Harmanus Campbell, John Clarke, Thomas Creyman, Charles Clapham, George Cree, John Clarkson, Matthew Carman, David Carolus, William Cornel, Peter Creighton, James Cochran, Philip A COPY OP THE POLL LIST 319 Carrel, James Crane, Josiah Clopper, John Clopper, Henry Coe, John Cargil, James Caffy, Eichard Cromwel, Patrick Cook, Abraham Cowenhoven, Benjamin Clark, John Cannon, John Cuyler, Henry Cuyler, Henry, Jr. Corby, John Cole, John Cosyn, Cornelius, Sr. Cowenhoven, Edward Calloe, Stephen Cosyne, Garret Carmer, Henry Crisp, John Cookroft, William Collar, Edward Cook, William Concklin, Blilenus Chandler, George CarlUe, William Cadugen, Martin Crosfield, Stephen Cursivius, William Costin, Isaac Cowenhoven, Peter Clark, Hugh Commena, Egbert Cheeseman, Thomas Cosyn, Cornelius, Jr. Cosyn, Gerrit Cure, John Cowdiy, Samuel Clarke, WilUam Campbell, Archibald Crew, John Carter, James Cortenius, Peter Cooly, Francis Cobhem, William Cole, Nathaniel Comey, Richard Chatterton, Shadrich Chevelear, John Clarkson, David Cremshier, Denis Cosyn, John Coxeter, Bartholomew Cromlln, Robert Clements, Moses Cook, James George Cosyn, Balem Johnson D Dykman, Cornelius Delancey, Peter Dykman, William Davison, Alexander Dykman, John Day, Isaac Dykman, Jacob, Jr. Disch, John Baltus Duryee, Johanis Drake, Jasper Dillingham, SUvanus Deforrest, Abraham Devore, David Dehart, Mauritz Demaree, David Demaree, Jacob Delamatre, Isaac Depeyster, William David, John Dudley, Francis Duryee, Abraham Dinon, Robert Daveupoort, John Duryee, Jacob Degroot, John Degroot, Samuel Duryee, John Dod, Thomas Devoe, John Dubois, Walter Deforrest, Gerardns DoUerson, Peter Duyckinck, Gerardus Devoe, John Devoe, Teunis Duryee, Dirck Darien, Richard Dods, Samuel Dobson, Thomas Doran, Peter Devoe, Jacobus Degruche, Elias Dawson, Roper Dally, John Devoe, John Doughty, Jabez Darlington, William Duffee, Duncan DuBscomb, Samuel Delamater, Isaac Delamater, Samuel Dun, Gary Davis, James Dunscomb, Daniel Dykman, John Dykman, Jacob DeWit, John Doughty, Thomas Dwight, Stephen Dominick, Francis Dean, Joseph Degraw, GaiTet Dobbins, Anthony Demilt, Isaac Dubois, Elias Drake, Samuel Desbrosses, James Depeyster, John Durham, John Dunlap, Archibald Dye, Dirck Devoe, Daniel Dally, John, Jr. Duffoy, James Dean, William Dies, John Divan, John Degraw, Walter Delamater, Isaac Degraw, Garret Duncan, George Degrote, Comehus Dinon, David Dally, John (carman) Devoe, Joseph Delanoy, John Demaree, Christian Dyer, John Dennison, James Deacon, James Derham, Henry Delaplain, Joshua Dobson, Peter Dunscomb, John Dodge, Daniel Delamater, John Dowers, John Duaue, James Dunlap, John Dobbs, Adam Drake, Jacob Devoe, Abraham Delamater, John E Earl, Edward EUis, John Evets, Richard Eddy, Joseph Emmet, John Ernest, Matthew Earl, Morris Elberson, Abraham Elsworth, Theophilus Ennis, Peter Eight, Abraham Ellison, John Eagles, William Elsworth, John Elsworth, George Elberson, William Emmet, Abraham Elsworth, William Enin, John English, William Evets, John Earl, John Earl, Duke Ellis, WiUiam ElUs, Samuel Edmonds, Samuel Elsworth, Ahasuerus Emans, Lawrence Evets, Daniel Ennis, John ElMs, EUas Edwards, Henry Eldridge, P Fritz, EKas Flanigan, Richard Pinly, Anthony Forrester, Andrew Furnea, Nicholas Pair, Abraham Forbes, Gilbert Fell, Christopher Freeman, James 320 HISTOBY OF NEW-YOKK Franklin, Thomas Field, Jeremiah France, Stophel Fortune, Joseph Franklin, Thomas, Jr. Felton, Philip Futer, Daniel Filkin, Francis Fine, Frederick Franks, Moses Benjamin Forister, Samuel Fairly, David Fee, Nicholas Franklin, Walter Franklin, John Foy, John Fish, Nathan Forbes, Joseph Forrest, John Fletcher, Nicholas Fisher, John Forbes, Alexander Farmer, Samuel Filthiesen, John Folk, William Fredrick, Andrew French, Joseph Fell, John G Gouvemeur, Nicholas Giles, GObert Gibbens, Patrick Gordon, James Gardner, Charles Gotier, Andrew Griffith, John Graham, Peter Gardineer, Jacob Gilbert, William Gilbert, William, Jr. Gilbert, John Gilbert, Aaron Gardineer, Harmanus Goelet, Peter Grishold, Joseph Goubel, Mauritz GoodbaUet, John Goforth, WiUiam GUcrist, Archibald GargU, John Gates, Michael Grim, David Goelet, Jacob Garret, Magnus Grant, Thomas Graaf, Jacob Galaspy, John Graham, Ennis Garrabrant, Peter Gamier, Isaac Green, John Grim, Peter Grim, Philip Graham, Arthur Garmen, Isaac Genter, John Gilbert, John Gilbert, John Goodfellow, Timothy Golladet, John Gill, John Gibson, John Griffin, George Garrabrant, Marselis Greno, John Gaine, Hugh Glenn, Anthony Genter, John Henry H Harison, George Hopkins, George Hynes, Patrick Harris, David Haywood, WOliam Hughs, Henry Hilhouse, James Hunter, WiUiam Hyer, Peter Herring, Elbert Hardenbrook, Abel Hays, Judah Hunt, Ward Hyer, William Huff, Henry Hopper, Matthew Hazzard, Daniel Hunt, Obediah Houth, John Hallet, James Hughs, Hugh Hunter, William Hicks, Dennis Hartz, Jasper Horton, Nathan Hays, Thomas Hyer, Baltus Hopper, John Hampton, Jonathan Hanson, David Hazzard, Jonathan Hopson, George Hardenbrook, Gerardus Hugget, Benjamin Hyer, Walter Haydock, Henry Haydock, John Hays, Solomon Hamersly, Andrew Havener, George Hoffman, Michael Harding, Thomas Henry, Joseph Hogland, Adrian Hunt, Davis Harvey, James Hays, Isaac Halderman, Mathias Haywood, Thomas Hopper, Matthew Hyer, Walter Hunter, Anthony Hunt, John Hunt, Jesse Horsman, Lawrence Harris, John Hamilton, Lewis Hamersly, John Hopper, William Ham, Wendell Hay, William Hammond, Thomas Hyer, Abraham HiUiker, George Hogland, Francis Hegeman, Dennis Hopper, John Hay, George Hallet, Jacob Harding, Robert Hewlick, Henry Hoffiuer, Melchior Homes, David Harrison, Garret Hyer, Cornelius Hitchcock, William Hunt, Thomas Hanion, Peter Hestier, John Horsen, John Hoodt, Jacob Holding, John Hardmen, Lawrence Hendricks, Peter Holmes, John Hawkins, Joseph Hallet, Samuel Hallet, Robert Hodge, Samuel Hopper, Ryneer Haynes, Joseph Hyer, Victore Isaacks, Casper Jeffrey, Richard Jeffrey, Chartes Johnson, David Johnson, Francis Jones, Humphrey Johnson, John Johnson, Simon Johnson, Robert Jandlne, Charles Jauncy, John Jacobs, Tunis Johnson, Samuel Jones, John Johnston, John Judah, Hilliard Jervis, James Johnson, Samuel (goldsmith) Johnson, Isaac Johnson, John (joyner) Jacobi, Christian Jones, John Job, Samuel K Knowlend, Thomas Knickerbocker, Abraham Kortright, Aaron Keys, Joseph Kelly, John Knickerbocker, Peter Keurick, John Kerr, William A COPY OF THE POLL LIST 321 Eip, Evert Kendal, John Knight, Mathias Kerr, William Kierstead, Luke King, John King, John (mason) Kieser, Hendriok Kip, Henry King, Adam Kelly, William Kregier, John Kip, Leonard King, Adam Ketchum, John Kip, Jacob Keiser, Michael King, John Kip, Baltiser Ketch, David King, Arcy Knap, Daniel Kingston, John Kierstead, Luke Ker, James Kittletas, John Kerkwood, James Kempton, Samuel Kierstead, Jacobus Kregier, Martin Kip, Richard Kippin, William Ketch, Robert Kip, Isaac Keets, Benjamin King, Linus Kierstead, Luke Kennedy, William Kettletas, Peter Kelly, Wilh'am Korkright, Lawrence Keasy, Daniel Kip, Jacobus Kendle, Thomas Kierson, Abraham Kean, William Kennedy, James King, Aaron King, Isaac Lott, Peter Lansing, John G. Loriljea, John Lous, John George Levy, Eayman Lake, John Lugg, Charles Lozier. Oliver Low, Marinus Lee, John Lowey, James Lewis, Richard Lasher, Frederick Lott, Abraham Losie, Simon Lee, William Lasher, John Lawrence, Thomas Lawrence, James Vol. II.— 21. Labagh, Henry Lowns, James Leary, John Livingston, James Lefferts, Jacobus Lane, Henry Lewis, John Ludlow, Thomas Loghead, James Livingston, John Lewis, Charles Lensen, Abraham Loring, Benjamin Lane, Stephen Lawrence, Thomas Livingston, Robert Lasier, Benjamin Lural, Peter Low, John Lasher, Jacob Lawrence, .John Little jec, Lawrence Ludlow, William Lewis, Archileus Lawrence, Caleb Lasurier, Abraham Lowrier, Michael Lowrier, Edward Lifferts, Abraham Low, Nicholas Latham, Joseph Light, James Lamb, John Lertel, Michael Low, John Levars, David Livingston, Rob. Gill Lazier, Jacob Lazier, Lucas Ludlow, Henry Lydick, Philip Lawrence, William Lambert, John Lewis, John Lambersen, Lawrence Lewis, Francis Liske, Peter Leake, John (carpent.) Larles, Joseph Leeve, Abraham Lynsen, Gideon Lewis, Johanis Lamb, Alexander Lorain, Peter Lasher, John, Sr. Livingston, Roger Lawrence, Henry Lockwood, Ephraim Lewis, Joseph Lydebeg, Godfrey Leroy, Jacob Light, Edward Lafoy, Abraham Leversage, John Lamb, Anthony M Myer, John Magre, James Marselus, Andrew McDonnel, Patrick Mulliner, Thomas Myer, John Myer, Adolph Myer, John, Sr. McKensie, James McNamee, Francis Miller, Davis MoGee, Samuel Myer, John Mesier, Peter McKiune, John Murphy, Alexander Mulligan, Hugh MUtenberg, Peter McGuyre, Richard Montanje, Peter Metzger, Jacob Montanje, John Myer, Gerardus Miller, John Godfrey Man, Edward Myer, Cornelius McDaniel, John McEwen, John Myer, James Morra, William Marlin, Abraham Maverick, Andrew Montanje, Vincent Myer, Daniel McKinly, William McKinly, Daniel McDugald, Ronald McCarty, Pinley Milllgan, Josiah Margison, Peter Moore, WUliam Marston, Nath. Myer, Ede Myer, John Munden, James Murry, Robert Murphy, Michael Martin, Isaac Marselis, Peter McAlpine, Robert Myer, Andrew Messeroy, George Messier, Abraham Marshalk, Comelis Morris, Isaac Magre, Roger Mills, Abraham Morris, John Mclney, John McKennen, Duncan Morris, Silvester Morisson, Donald Myer, Adolph Middleburg, Adam McGown, Daniel Man, Isaac Marschalk, Francis McCartney, James McBene, Alexander Marchin, Frederick Morrel, Jonathan Morrel, Samuel McDugald, Dugald 322 HISTORY OF NEW-YOEK Myer, Aaron Midwinter, Robert Morris, Lewis McKinley, David Myer, Abraham Man, John Man, James Meed, Isaac Morris, Matthew Moore, Michael Merlin, Andrew Moutanje, John Montanje, John Margison, John McPall, Hugh Myer, John Miller, Bartol McLean, John Morrel, Robert Miller, Elijah Meeks, Joseph McNeal, Arthur Mjller, Thomas Marlin, Barent Muckelroy, Edward McKenly, Robert McNemar, James McGinnis, Robert Mahony, Cornelis Marshalk, Peter Metcalf, Henry May, Tulip Manny, Francis Myer, Isaac Miller, Samuel Myer, John Mott, John McEvers, James McEvers, Charles Marshalk, Peter Morris, Abraham Marshalk, John Moore, James Myer, John R. McCartney, John N Nagle, John Nicol, Charles Niven, James North, Joseph Norstrant, Albert Nicol, "WUliarn Noel, Garret Nicol, Edward O Oaks, Thomas Oblinus, Johanis Osburn, John Ogden, Nathaniel Ousterman, Frederick Ogden, Benjamin Ockerman, Nicholas Outenbogert, Richard Outenbogert, George Ousten, William Outenbogert, John Oglesvie, "William Ockerman, Henry Outenbogert, Nicholas Outenbogert, Isaac Pauling, Joseph, Jr. Pendergrass, Martin Post, William PauUng, Joseph Pridy, William Parks, Lawrence Provoost, David Provoost, John Pell, Samuel Post, Isaac Post, Martin Phenix, Alexander Patterson, John Philipse, David Provoost, Robert Piersal, William Polhemus, Daniel Pauling, James Peltro, Daniel Peltro, Elias Piersal, Thomas Pels, Evert Painter, John Piersal, Jacob Pettit, Richard Piersal, Thomas Pine, Michael Patterson, George Peet, William Pearsal, William Paulison, John Poppelsdorf, William Phillips, Charles Pfefler, David Provoost, David Parker, James Pearsal, John Peters, George PeU, John Peck, William Peck, Luke Pettet, Thomas Pearce, Ephraim Price, Edward Pearse, WiUiam Painter, Lewis Painter, John Patterson, Joseph Prince, Samuel Philipse, Philip Pain, Benjamin Pontiac, William Pauling, Joseph Pels, Samuel Post, Francis Proctor, Gardian Proctor, William Q Quinu, Christopher Quaekenbos, John Quackenbos, Bynier Quick, Jacobus Quick, Abraham Quackenbos, Benjamin Quackenbos, Cornelius B Bamsen, Henry Rapilje, Garret Rice, Matthew Relay, Lewis Rowland, William Rosevelt, Jacobus Boome, John Richards, William Robinson, John Roome, Jacob Boose, Garret Roorbegh, John Ray, Robert Ray, Richard Ryke, Peter Roosevelt, Nicholas Roosevelt, Oliver Beid, John Buff, Daniel Bapelje, Rem Revo, Daniel Revo, Daniel, Jr. Boome, Lawrence Byder, Hugh Byell, Joseph Bodger, Bichard Boome, Cornelis Bandall, William Bight, Bichard Byer, Michael Bykman, Tobias Bitter, Michael Ryke, John Bobins, John Randal, Thomas Richard, Stephen, Jr. Bemsen, Jacob Robinson, David Rykman, Isaac Remse, Peter Rooseboom, Frederick Ritter, Henry Roome, Paul Ryke, Henry Robinson, Beverly Roon, Lodewick Bobuck, Jarvis Ryke, Andries Bylander, William Rooseboom, WilUam Bobinson, Thomas Bose, James Ried, James Rafter, Hugh Roome, John Ried, Richard Rykman, Jacobus Rigler, Andrew Boosvelt, Jacobus Boosvelt, Peter Bivers, John Roosevelt, Isaac Bied, Duncan Byke, Henry Bigby, Joseph Boome, Luke Byke, Jacob Ryan, Cornelius Bunshaw, John A COPY OF THE POLL LIST 323 Bichard, John Roosevelt, Jacobus Romer, Cornelius S Stoutenburg, Isaac Stoutenburg, Jacobus Stout, Benjamin Shaver, Henry Shardevine, Isaac Sickells, John Stilwell, Thomas Sileth, Abraham Sulivan, Dennis Sentess, Mathew Sears, Isaac Sulivan, Daniel Scott, William Somerdyke, Isaac Shedwick, Isaac Smith, William, Jr. Stilwell, Nicholas Seabry, Lawrence Stoutenburg, Tobias Shakerly, Anthony Seabry, Comelis Stover, Christian Stimitz, Benjamin Suligan, John Stokes, Nicholas Schrom, Michael Scuyler, Dirck Stymets, Peter Swarthout, Bemardus Stimetz, John Stimetz, Jacob Stanton, Henry Schuyler, Myndert Spier, Albert Steel, John Storm, John Stewart, Walter Smith, John Snows, John Smith, Finley Smith, Gilbert Schuyler, Adoniah Steel, Stephen Stewart, Alexander Savage, Bamy Singer, James Stephens, John Simonton, Thomas Sherer, Gilbert Stewart, James Smith, John Stout, John Stanton, George Stanton, Richard Shearman, Jacob Sawyer, Peter Schermerhom, John Sprainger, Henry Swanser, William Shaver, Matthew Syberberg, Christian Sennet, Christopher Saunders, John Shaw, Timothy Stymitz, Casparus Spitz, Jacob Smith, Abraham Swigart, Peter Spencer, Matthew Silvester, Francis, Jr. Sutes, Isaac Slydell, John Swan, James Shaw, John Smith, John, Sr. Smith, Simon Smith, Sleght, Matthew Smith, John (baker) Stimitz, Christian Sipkins, John Spingler, Baltus Shuth, Henry Sise, John Michael Stiles, Daniel Stiversandt, Gerardus Shaw, Niel Somerdyk, Tunis Swarthout, Abraham Stienmetz, Benjamin Shill, Christopher Striker, James Sackett, John Sickells, Robert Skates, Ryneer Slover, Isaac Shew, George Smith, Bemardus Schnyder, Paulus Schulthorp, John Sarly, Jacob Stephany, James Sebast. Sandolph, Leonard Stewart, John Steinbraner, Jacob Stone, Richard Sharp, Richard Seamour, Thomas Stilwell, Elias Shute, Henry Skinner, Abraham Shreve, Thomas Sickells, Zachariah Siebring, Abraham Sibley, Richard Stevens, James Stockholm, Abraham Shedwick, Thomas Stilwell, Daniel Schnyder, Henry Smith, John Sackett, James Sackett, Samuel Saentlin, Cornelius StUweU, Samuel Torrin, John Talbot, St. George Taylor, Peter Tippet, Stephen Thomson, Reuben Tudor, John Thurman, John Ten Eyck, Richard Turk, Cornelius Taylor, Moses Taylor, Benjamin Turk, Ahasuerus Turk, Cornelius Tenny, Jacob Teller, William Ten Eyk, Anthony Tiebout, Albertis Taylor, John Turk, Jacobus Tuttle, Edward Ting, Peter Tyle, James Table, John Tomkins, John Thurman, John, Jr. Ten Eyk, Daniel Tiebout, Comelis Taylor, Morris Thompson, Andrew Tole, Richard Ten Eyck, Gumy Tanner, Benjamin Ten Eyk, Abraham Totten, Joseph Taylor, John (brasier) Ten Broek, John Tiebout, Tennis Trainer, Peter Ten Eyck, Coenradt Tucker, William Tout, Robert TeUer, Peter Tingley, Samuel Tiebout, Tunis (mason) Tuckey, William Thorp, John U Ute, Jonas Ute, John Van Deursen, William Van DeWater, Benjamin Vrederburg, John Van Wyck, John Van Dyck, Francis Van Derhoof, Comelis Van Cleek, John Valkenhaen, Samuel Van Vlarcum, Cornells Varrien, John Van Renselaer, Joram Van Der Spiegle, John Van Pelt, John Van Hook, Isaac, Jr. Van Bomel, Garret Van Albany, Andrew Van Orden, John Van Orden, Matthew Vanderhoof, Lawrence Van Orden, Jacob Van Home, Garret Van Vele, Fredericus Van Home, John Van Vorst, John Van Woster, Benjainin Van Boskirk, Andries 324 HISTOBY OF NEW-YOEK Van Wagenne, Jacob Van Home, John Verden, Abraham Verden, Isaac Van Maple, Henry Vouck, Jacob Vouck, Peter Van Gelder, Isaac Van Wagenne, Henry Van DeWater, Peter Van Winkle, Simon Van Bnren, Beekman Van Wyck, William Vanwoort, Jacob Van Eenselaer, Corn's Van Waert, Garret Van Wyck, Theodorus Van Dyke, Nicholas Van Vleck, Henry Van Vlaroum, WUliam Veel, Joseph Vouck, Matthew Van Voorhees, Jacob Vaerck, Richard Van Gelder, Colon Van Waert, John Vervale, Jacobus Van Everre, Myndert Varian, James Van Kleek, Baltus Van Veark, James Van Gelder, David Van Den Berg, Adam Van DeWater, Henry Van Orden, Peter Van Cortland, Philip Van Wyenne, Jacob Vangelder, John Van Kleek, Baltus Van Dolsen, John Van Alstyn, Matthew Van Antwerp, Jacobus Van Bussing, Henry Van Gelder, Peter Van Kleek, Comelis Van Denham, Henry Van Gelder, Abraham Vardel, Thomas Van Kleek, John Van Zandt, John Van Zandt, Peter Vredenbyrg, WUl'm Van DeWater, WUl. Van Evere, Ede Van Dyke, Abraham Valler, John Van Shyver, John Van Durzen, John Van Der Grift, Henry Van Gelder, Abraham Van Deursen, Peter Vallard, Peter Van Alst, Jacobus Van Gelder, Henry Van Tassel, Tunis Van Der Pool, John Van Home, Samuel Van Home, David Van Deursen, Johanis Van Hook, Aaron Van Everre, Martin Van Cortland, John Vredenburg, John Van Kleek, Gysbert Van Wagenne, Huybert Van Gelder, James Van Vleck, Daniel Van Dolsen, John Vredenburg, Jacob W Wilson, John Wheler, Isaac Wells, Obediah Walton, Wilham, Jr. Waldron, Peter Warner, Robert Wheler, Jonathan Webb, WiUiara WaddeU, John Wool, James Wood, WUUam White, Peter Walton, Jacob Walton, Thomas Wiggins, Daniel Welch, Thomas Wilson, Alexander Waldron, Richard Welch, George Webber, Albert Williams, Lodewick Witter, Thomas Woolhoupter, Godfrey White, John Webber, Jacob Weasells, John Welch, Francis Whiteman, John Westerfeldt, Jacob Will, John Wool, Matthew Wright, Jonas, Jr. Wood, William WUl, John Michael Wendel, Jacob Waldron, Samuel Weaver, WiUiam Webber, Frederick Wilson, Abraham Wessell, Lawrence Wessell, Francis Walgrove, George WUlis, George WUlet, Thomas Wright, Daniel Westerveldt, James Webber, Cornelius Warner, Thomas Wheeler, James Woods, John Waldron, WiUiam Wely, Thomas Waldron, Resolved Woodhouse, Robert Wright, Jonas Wright, John Woortman, Dennis Welch, John Wendover, Thomas Waldron, Johanis WUson, Joseph Wood, Isaac Wright, Peter Waldron, Benjamin Wendover, Hercules Wool, Jeremiah Whiteman, Henry Wessells, Evert Wetsell, John White, Thomas Webber, Amout Woertendyk, Teunis Warner, WUUam Wilson, Joseph Wynants, WiUiam WesseU, Peter Waldron, Peter Wyley, John Wynkoop, Corn', Jr. Wynkoop, Com', Sr. Wynkoop, Beniamin Wessells, GUbert Young, Joseph York, John Young, Alexander Young, David Zigler, Gothard ZickeUs, Michael Zigler, John Cruger received 1069 Livingston received 916 NUMBER OF VOTERS, 1447. Of these: Lispenard received 838 Bayard received 795 Scott received De Lancey received. 722 700 324 HISTORY OF NEW-YOEK Van Wagenne, Jacob Van Horne, John Verden, Atoaham Verden, Isaac Van Maple, Henry Vouck, Jacob Vouck, Peter Van Gelder, Isaac Van Wagenne, Henry Van DeWater, Peter Van Winkle, Simon Van Buren, Beekman Van Wyck, William Vanwoort, Jacob Van Eenselaer, Corn's Van Waert, Garret Van Wyck, Theodorus Van Dyke, Nicholas Van Vleck, Henry Van Vlarcum, WlUiara Veel, Joseph Vouck, Matthew Van Voorhees, Jacob Vaerck, Richard Van Gelder, Colen Van Waert, John Vervale, Jacobus Van Everre, Myndert Varian, James Van Kleek, Baltus Van Veark, James Van Gelder, Darid Van Den Berg, Adam Van DeWater, Henry Van Orden, Peter Van Cortland, Philip Van Wyenue, Jacob Van gelder, John Van Kleek, Baltus Van Dolsen, John Van Alstyn, Matthew Van Antwerp, Jacobus Van Bussing, Henry Van Gelder, Peter Van Kleek, Cornells Van Denham, Henry Van Gelder, Abraham Vardel, Thomas Van Kleek, John Van Zandt, John Van Zandt, Peter Vredenbyrg, Will'm Van DeWater, WUl. Van Bvere, Bde Van Dyke, Abraham Valler, John Van Shyver, John Van Durzen, John Van Der Grift, Henry Van Gelder, Abraham Van Deursen, Peter Vallard, Peter Van Alst, Jacobus Van Gelder, Henry Van Tassel, Tunis Van Der Pool, John Van Home, Samuel Van Home, David Van Deursen, Johanis Van Hook, Aaron Van Everre, Martin Van Cortland, John Vredenburg, John Van Kleek, Gysbert Van Wagenne, Huybert Van Gelder, James Van Vleck, Daniel Van Dolsen, John Vredenburg, Jacob W Wilson, John Wheler, Isaac Wells, Obediah Walton, WilUam, Jr. Waldron, Peter Warner, Robert Wheler, Jonathan Webb, WiUiam WaddeU, John Wool, James Wood, WUUam White, Peter Walton, Jacob Walton, Thomas Wiggins, Daniel Welch, Thomas Wilson, Alexander Waldron, Richard Welch, George Webber, Albert Williams, Lodewick Witter, Thomas Woolhoupter, Godfrey White, John Webber, Jacob Wessells, John Welch, Francis Whiteman, John Westerfeldt, Jacob Will, John Wool, Matthew Wright, Jonas, Jr. Wood, WOliam WiU, John Michael Wendel, Jacob Waldron, Samuel Weaver, WiUiam Webber, Frederick Wilson, Abraham Wessell, Lawrence Wessell, Francis Walgrove, George WiUis, George WiUet, Thomas Wright, Daniel Westerveldt, James Webber, Comehus Warner, Thomas Wheeler, James Woods, John Waldron, William Wely, Thomas Waldron, Resolved Woodhouse, Robert Wright, Jonas Wright, John Woortman, Dennis Welch, John Wendover, Thomas Waldron, Johanis Wilson, Joseph Wood, Isaac Wright, Peter Waldron, Benjamin Wendover, Hercules Wool, Jeremiah Whiteman, Henry Wessells, Evert Wetsell, John White, Thomas Webber, Amout Woertendyk, Teunis Warner, WiUiam WUson, Joseph Wynants, WiUiam WesseU, Peter Waldron, Peter Wyley, John Wynkoop, Corn', Jr. Wynkoop, Com', Sr. Wynkoop, Benjamin WesseUs, Gilbert Young, Joseph York, John Young, Alexander Young, David Zigler, Gothard ZickeUs, Michael Zigler, John Cruger received 1069 Livingston received 916 NUMBER OF VOTERS, 1447. Of these: Lispenard received 838 Bayard received 795 Scott received De Lancey received. 722 700 .' 4r A' S CHAPTER X THE PABT OF NEW-YOEK IN THE STAMP ACT TROUBLES 1761-1768 IE CHAELES HARDY having resigned the post of governor, the king on March 20, 1761, on the recommen- dation of the Earl of Halifax and the Board of Trade, ap- pointed Robert Monckton governor and captain-general, and CadwaUader Golden lieutenant-governor. The vexed question of the office of chief justice was also finally disposed of by the ap- pointment of Benjamin Pratt to this important vacancy. -^ The officer now appointed as governor was a favorite in the colonies. A son of Viscount Gralway, he was entitled to the social distinction which he re- ceived in the intimacy of the high families of the province, Mr. John Watts being one of his warmest personal friends. He began his career in Flanders, and was transferred in 1753 to the American station, where he successively commanded the posts of Halifax, Annapolis Royal, and Nova Scotia, of which he had been lieutenant-governor since 1756, during which period he also commanded the Royal Ameri- cans in Loudoun's army, was engaged at the siege of Louisburg, and later was second in command to General Wolfe at the capture of Quebec. Severely wounded in this action, he was promoted colonel, and in 1761 major-general. It may here be added that, although offered a command later in the war of the Revolution, he declined to draw his sword against the colonists who had fought under his com- mand in the French war. General Monckton's commission reached New- York by the Alcide man-of-war on October 20, 1761, and on the 26th he was sworn in as governor. He was received with great enthusiasm by the people ; the corporation of the city waited upon him with an address, and presented him with the freedom of the city in a gold box, at a cost of twenty- four pounds four shillings, as the minutes show. With his patent he received permission to quit the province and take command of the expedition fitting out against Martinique. He therefore abstained 1 This gentleman was also named and appointed ander for this place not having apparently met to the vacancy in the council, completing the with much consideration, twelve ; Mr. Colden's suggestion of Ms son Alex- 325 326 HISTORY OF NEW-YOEK from any act of authority. He declined to receive Mr. John Cham- bers's resignation as jndge, and seems to have confined himself to ac- cepting that of Mr. Ai'chibald Kennedy from the council, as his age and his duties as collector of the customs were sufficient motives for withdrawal. He also recommended Mr. Joseph Eeade for the vacancy on the board. On November 15 Major-General Monckton produced in council his leave of absence, and passed over the seals to Golden ; but by one of those omissions not uncommon in the history of the colonies, the king's instructions to Governor Monckton, although men- tioned in his commission, did not arrive with it. The lieutenant-gov- ernor had called upon him to produce the missing document, and seemed inclined to question the legality of his assuming the office at aU : a course which was neither approved by the council nor by the public at large. The feeling of disapprobation was sUently displayed by the omission of the lieutenant-governor's name from the addresses and congratulations of public bodies, the judges, the bar, the grand jury, and others. In the king's instructions to Sir Charles Hardy, Governor Monck- ton's predecessor, and like him authorized to quit his government on the business of his Majesty's forces, directions were given that in such case one full moiety of the salary and of all perquisites and emolu- ments of the post should be paid to the lieutenant-governor. It must be held in mind that while the governor resided in the province the lieutenant-governor had neither salary nor emolument of any kind. It had been Monckton's intention to abandon his share to Colden, and he had ordered the preparation of a legal instrument of transfer, but, irritated by Colden's captious attitude in the matter of the instruc- tions, he changed his mind and in writing demanded of Colden a sur- render of his claim. Colden demurred, making a general promise to comply with the king's instructions when they should arrive. Colden openly told the governor that he hoped that the instructions would give to himself the whole perquisites. Monckton was on the point of suspending the lieutenant-governor without ceremony when mutual friends arranged covenants and a tripartite indenture between the two officers and Mr. Banyar, the secretary of the council. Monckton in- sisted that all perquisites should pass into Banyar's hands, and required bonds from Colden and Banyar for their faithful performance of the covenant, and stipulated that the accounts should be rendered on oath. On November 14 the fleet of one hundred sail — convoyed by the Alcide, of sixty-four guns ; the Devonshire, of seventy-four ; two of fifty, and one of forty guns — left Sandy Hook for Martinique. The government now again devolved on Colden. Mr. Colden's second administration of the affairs of the province was closed by the return of General Monckton from the conquest of THE PAET OF NEW- YORK IN THE STAMP ACT TE0UBLE8 327 "■■■" ' '■■ ■'*' 'S -.;■ '■y^'--- ,^:^fiSSm i:.--:# ;^:; - "•/"•■^'*'*^^''\^i^Si^iBiBH TTTI ^a'^ •-'^ ' • i3 V -? 1 '■■■-■-■^'1 ^^^p ;'«,•,._ ';;'K: .^:- m mmi^ Js| ^l^iii'i " ■ , :.m ill ,,^^;:'I^'^1 i^^^ -'^^^^l^'^F^ ^^ y^' '' ^^^t^i^sp^^ - Ip .i-; ,,%■' ;l^ l_ ' t'i^f**??^' i : ■■^'i^i ^'..:-.*M^^:-^::- ; / ' 5*^" ^5iill ^^'^^^i.; ■ ■j:-:^:^^^: ^'■■" ; ;■■''■ ;■■/''• This portrait is after a photograph of the origi- nal hy Benjamin West, owned by Viseount Gal- way, who writes to the editor, December 9, 1891 : " I have great pleasure in sending you by the post a copy of the portrait by West, which has always (TTi'cd^ been in our possession at Serlby, and is very good of the original picture. You are doubtless aware that in West's picture of General Wolfe's death, Monck- ton, who was second in command, is the figure standing up with his arm in a sling." Editor. 328 HISTORY OF NEW-YORK Martinique on Jnne 12, 1762. He immediately assumed the reins of government and entered upon its duties with a personal prestige of the highest character. Monckton's first business on his return was to complete the bench. Pratt opportunely dying, he appointed Daniel Horsmanden chief justice. Mr. Thomas Jones received the next com- mission, William Smith, the elder, the third, and Robert E. Livingston the fourth. All these commissions were accepted during pleasure; but the hold of Monekton on the gentlemen of New-York was different from that of Golden. Yet a third time was the latter invested with the government. The health of General Monekton making it advisable for him to leave the province for a time, he pre- pared to do so early in June, 1763. Col- den had already advised the Earl of Hali- fax on March 22 of the probable departure of the governor. On June 28 Monekton sailed for England, again delivering the seals to Golden, and leaving his private affairs in the charge of his intimate per- sonal friend, John Watts. ' Nothing of importance took place after Monekton left until Mr. Golden called the assembly together, on September 5, 1764. In his speech opening the session he con- fined himself to generalities ; congratula- tions on the peace with the Indians; a recommendation to discharge the public debt; and another to renew the expired act granting a bounty on hemp, a product for which the lands of the province were well adapted and in which the British manufactm-ers were greatly in- terested. To these trite suggestions the assembly replied in an address which was the signal note of the coming contest. It ran : Nothing' can add to the pleasure we receive from the information your honour gives us that his Majesty our most gracious sovereign distinguishes and approves our conduct. When his service requires it we shall ever be ready to exert ourselves with loyalty fidelity and zeal and, as we have always complied ia the most dutiful manner with every requisition made by his directions, we with all humility hope that his Maj- esty who is and whose ancestors have long been the guardians of British liberty will 1 Smith's "History of New-Yorls" closes with the return of Moncliton from the conquest of Martinique. There is no further history by any contemporary of Golden except that hy Chief Jus- tice Thomas Jones, written after the Revolution, and recently published by the Ne'w-York Histori- cal Society. The work of a disappointed and exiled loyalist, it is unfortunately narrow and pre- judiced, and while correct, no doubt, as to the facts of which he was eye-witness, it is not to be trusted in its opinions or criticisms on the action or characters of the moving spirits in the great drama which was about to open in the colonies. THE PAET OF NEW-YOBK IN THE STAMP ACT TROUBLES 329 '^^'^ ^T4^^ ^f*-iX7^ ^ ^^^^ THE AMHEEST LETTER. colonies, and thus on both sides of the water the issue was closing. Attorney-General Murray proposed to make a military colony of Canada, and to include the West in its jurisdiction : a plan by which the older colonies would be overawed. But Shelburne, perhaps fore- seeing in this an expensive military system the charges of which could in no manner be laid on the colonies, preferred a restriction of the 340 HISTOEY OF NEW-YOEK OLD BLUE BELL TAVERN". government of Canada within more narrow limits ; and his plan, in spite of the opposition of Egremont, for the time prevailed. Nor yet was Shelbm'ne willing to declare himself in favor of any plan for taxing America. The king soon wearied of the ipieflficiency of the triumvirate, and, much to the disgust and mortification of Grenville, but in conformity with the views of Bute, invited Lord Hardwicke to enter the cabinet as president of the council. That illustrious man decHning unless his friends came in with him, Pitt was again called upon to form a ministry, but consented only on terms which the king would not accept. Pitt stood by his friends and his princi- ples as stoutly as the king on his pride and his prerogative. The issue of the political di- lemma was the union of Grren- ville and the Duke of Bedford, who was at odds with all but his own faction. The union, said Pitt, was a "treaty of connivance." But the union proved more compact than was supposed ; and one element of discord was taken from it by the withdrawal of Lord Shelburne, who was too much of a friend of Pitt and of liberty to support the extreme views held by Grren- ville as to colonial government. The details of American administra- tion now fell to Halifax, whose experience was large, and the new mea- sures were rapidly brought forward. On the morning of September 22, 1763, three lords of the treasury, with Gleorge Grrenville at their head, held a meeting at their council-board in Downing street, and adopted a minute directing Jenkinson, the first secretary of the treasury, to " write to the Commissioners of the Stamp Duties to prepare the draft of a bill to be presented to Parliament for extending the stamp duties to the colonies." This order was at once executed. Mr. Bancroft, in his account of this period, asks the question, " Who was the author of the American Stamp Act ? " Jenkinson said later in the House of Commons that " if the Stamp Act was a good measure the merit of it was not due to Grenville ; if it was a bad one the ill policy did not belong to him." But he never informed the house, nor indeed any one else during his life, who was its author. Bancroft relieves Bute from the charge ; but Lord North, who supported the act, said in the House of Commons that he took the propriety of passing it from Grenville's authority. In point of fact, the first proposition to tax the colonies by means of stamped paper was made by Lieutenant-Govei'nor THE PAET OF NEW-TOEK IN THE STAMP ACT TEOUBLES 341 Clarke 5f New- York, in 1744, to tke lords of trade ; but Governor Clinton, in a letter to the Duke of Newcastle on December 13 of that year, doubted the expediency of the measure, as being contrary to the spirit of the people, " who are quite strangers to any duty but such as they raise themselves." This was the first overture to the home government; but it appears that Governor Cosby had suggested in 1743 to the assembly of the province " a duty upon paper to be used in the law and in all conveyances and deeds of every denomination." This is quite a different matter from the imposition of a general stamp act by the British home government. Whatever the responsibility of Grenville in the matter of originating the stamp act, certain it is that to him must be ascribed the alienation of the affections of the American colonies from the mother-country. He never swerved from his determination to impose a tax through parliament, and to enforce its collection by all the forces at the disposal of the administration. Severe as was the injury to American trade caused by the stringent enforcement of the navigation acts, which checked the lucrative commerce with the West India Islands, — the natural outlet for New England lumber and the product of the fish- eries, — the colonists submitted without more than a murmur. They saw in these legislative acts no infringement of their rights. If the burden were onerous, they found their compensation in their relief from the charges of border protection against the power of France. Though among the far-sighted leaders there were a few who doubted the wisdom of a close connection with Great Britain, and a still smaller number who ah-eady looked to and foresaw independence, the mass of the people were stiU loyal. Grenville's proposal, made on March 9, to draw a revenue from America by stamps, and his notice that a bill would be introduced at the next session, crystallized public opinion on both sides of the ocean. On his challenging the opposition in the Commons to deny the right of parliament, no voice was lifted in reply, and the next day it was resolved that such right existed and that its exercise was proper. It is true that the house was thin and the hour late, and that the decla- ration of the minister was only of intention. Moreover, GrenviUe ex- pressly stated that he was " not absolutely wedded to a Stamp Act if the colonies would provide some more satisfactory plan." A letter from London published in the "New- York Mercury" of June 4 states that the " well wishers of America have used their utmost endeavors to lessen the taxes first proposed ; in which they have in a measure partially succeeded and in other respects fallen short of what they attempted. In regard to the 15th resolution relating to the Stamp duty it win certainly pass next session unless the Americans offer a more certain duty. . . . All the well wishers of America are of the 342 HISTOEY OF NEW-YOBK opinion that as the Tax in itself is an equitable act and the least in- jurious that can be proposed, the several Assemblies should signify their assent to that Tax under the present exigencies of the State and the necessity of the case, by which they avoid any appearance of an infringement of their liberty and show their inclination to pay obedi- ence to the British Parliament, which has the power to make every part of its dominions submit to such laws as they may think proper to make ; by this means they will prevent a precedent from internal taxes being imposed without their consent, which will inevitably be the case next Session if they withhold their assent from the Stamp Act." From this same London letter it appears that the act would have been forced through the Commons without delay but for the remonstrances of Chief Justice William Allen of Pennsylvania, who was then in England, and personally intervened with the leaders of the Commons.' But if the crystallization of opinion in England united all parties, including the friends of America, in defense of the right of parliament to impose taxes on the colonies, that same process united all parties in America in the denial of that right, and in the assertion of the doctrine which had been claimed in the New- York colony since 1683, that taxa- tion without representation was a wrong and an injustice to which no freeman would submit. Nor yet, in view of the menace of the twenty regiments of British soldiers to be sent over and quartered in the chief cities, were they willing to avoid the issue or postpone it by assenting in advance to the proposed act, as was suggested by their "well wishers" abroad. There was still a faint hope that by earnest repre- sentation of the agents of the colonies abroad and by respectful peti- tion to the king and parliament the blow might be averted. The assembly of New- York was the first to petition the king and parliament in a respectful representation, on October 18, 1764. After a declaration of inviolable fidelity, they recited "that in the three branches of the political frame of Government established in the year 1683, viz., the Governor, a Council of the Eoyal appointment, and the representatives of the People, was lodged the legislative authority of the Colony, and particularly the power of taxing its inhabitants for the support of the Government; that the people of the Colony consider themselves in a state of perfect equahty with their fellow-subjects in Great Britain, and as a political body enjoying like the inhabitants of that country the exclusive right of taxing themselves; a right which whether inherent in the people or sprung from any other source has received the Royal Sanction, is at the basis of oui- Colony State, and 1 TMs was the Wmiam Allen whose wife was a Zenger in the great trial (mentioned in a previous daughter of Andrew Hamilton, of Pennsylvania, chapter) which established the freedom of the press the famous advocate who defended the printer in the New-York province. THE PAET OF NEW-YOEK IN THE STAMP ACT TKOUBLES 343 become venerable by long usage; that the Representatives for the Colony of New- York cannot therefore without the strongest demon- strations of grief express their sentiments on the late intimation of a design to impose taxes on the Colonies by laws to be passed in Great Britain and they invite the King to interpose his prerogative on the unconstitutional law." On the same day, and by the same resolution in which the transmission of these memorials was ordered, the assembly created a committee to correspond with the several assemblies on the ' ^=^^^^^^^^^ American continent upon the several objection able acts of parliament 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 Glreat Britain." William Bayai'd, a member of this committee of cor- respondence, visited Boston to confer with the Massachusetts assem- bly, which on the 22d of the same month adopted a petition in the same direction but less vigorous in text and spirit. These documents were transmitted through the foreign agents of the colonies to the Board of Trade at London, and were laid before the privy council on December 11 following. The privy council advised the king to order that they be laid before parliament. Whether of his own motion or by the advice of others is not now known, but they were never placed before parliament : they were suppressed. Early in the year 1765 Grrenville introduced his bill into the House of Commons. It contained fifty-five articles relating to stamp duties in America, and passed the house on February 7. Previous to its pas- sage the American agents were advised that if the colonies would propose any other means of raising the required revenue the stamp duty would be deferred or laid aside. To this they had no authority to make answer. The bill was approved by the House of Lords in March, without debate, and on March 22 received the king's signature. Though not authorized to submit any substitute for the obnoxious act, the agents were not remiss in their opposition. They went to the House of Commons with petitions and protests, but no one of that body could be found who would present a petition impugning the right of parhament; no one even of the opposition, no one even of those immediately interested in the affairs of the colonies, would support their agents in urging this point. The news of the passage of the act reached New- York in April, and aroused a storm of indignation — a storm tempered by the consoling- information that there was a large body in England whose sympathies were with the colonies. The English advices of May brought word that "without doors we hear every person at all qualified to form any judgment of the matter seemed in favor of the Colonies." When the 344 HISTORY OF NEW- YORK news reached New- York, the assembly was in recess. In Virginia the House of Burgesses was sitting. On May 29 they replied with a series of resolutions, firm in expression, declaratory of their rights and of the unconstitutionality of the measure. It was during the debate on this occasion that Patrick Henry used the memorable words which electrified the continent and in their bold utterance sufficed to make his name immortal. The people of Pennsylvania showed themselves no less jealous of their rights. On April 14 the great guns at the THE PAET OF NEW- YORK IN THE STAMP ACT TROUBLES 345 fort and those at the barracks in New- York were spiked: a snfacient declaration of the popular temper. And now each incoming packet brought accounts of the growing strength of a sentiment in England in favor of the bold attitude of the colonies. The news arrived of the stirring words of Colonel Barre, the brave companion of Wolfe at the capture of Quebec, in answer to the assumption of Town- shend that the colonists were "children of England's planting." "The Americans are Sons of Liberty," retorted Barre in a tone which shook the house. In comment on this and declarations similar in nature if less vigor- ous in expression, the press of the colonies took up the phrase. On May 30 the author of the "Sentinel" series of letters in the "New- York Gazette" took Liberty as his text. Interspersed among the di- dactic phrases which were the fashion of the day are some strong, homely sentiments. " In proportion as Liberty is precious to us should we hold them dear who lift up their hands in defence of it and abhor those who impiously dare attempt to rend it from us." It closed with some verses more patriotic than poetical, but which are a fair sample of the popular rhyme of the period: Cursed be the man who e'er shall raise His sacrilegious hand To drive fair liberty, our praise ! From his own native land. may his memory never die, By future ages curst; But live to lasting infamy, Branded of traytors worst. The "New- York Gazette and Weekly Post Boy" was edited by John Holt, a consistent friend of America, and from this time forward was the acknowledged organ of the advanced patriots. Golden complained of it to Monckton, then absent from his government, as "a licen- tious, abusive, weekly printed paper." And later he charged it to the board of trade as "filled with the vilest and most abusive invectives which malice could invent," in order to render himself, as Ueutenant- governor, odious to the people; and he added, it is "universally be- lieved that these scurrilous abusive and malicious papers [the articles of "Sentinel"] were written by two or three distinguished lawyers in the city." These could have been no other than Livingston, John Morin Scott, and Smith. But in style they are not worthy of such high source, though the inspiration may have been theirs. The history of revolutions shows the power of a phrase. That of Barre struck the strongest chord in the colonial heart. Associations sprung up instantly in every colony under the magic name of Sons of 346 HISTOEY OF NEW-YOEK Liberty. The word independence was not as yet breathed aloud, but that the idea was ah^eady in the germ appears from a London letter of February 18, 1765, published in Charleston, South Carohna, on April 24, and repeated in New- York in May : " Several publications from North America have lately made their appearance here [London] in which the independency of the Colonies is asserted in pretty round terms." Dawson, in his valuable tract on the Sons of Liberty, claims that the New- York Association of the Sons of Liberty had existed since 1744, when the profession of the law entered into an associa- tion to free the judiciary from the exercise of the king's prerogative; and Colden, who is Dawson's authority for this part of his assertion, in a letter to the Earl of Halifax, February 22, 1765, complains of "the dangerous influence which the profession of the law has ob- tained in this province, and that by their association they proposed nothing less to themselves than to obtain the direction of all measm*es of government by making themselves absolutely necessary to every governor by assisting him when he complied with their measures, and by resisting him when he did otherwise." He closed the complaint by saying: "Their power is greatly strengthened by enlarging the powers of the popular side of government and by depreciating the powers of the crown." He added that he had never received the least opposition in his administration except when he opposed the views of this faction. This faction, as Colden terms it, was led in the beginning by the great jurists James Alexander and William Smith the elder, whose mantle of judicial and popular leadership had fallen in the next generation upon William Livingston, William Smith the younger, and John Morin Scott ; the last named of whom was already in close touch with the liberal or what Colden would have called the malcon- tent element. These three gentlemen, whom Jones styles the young triumvirate, were educated at Yale College; they "served regular clerkships to the law in the same office at the same time and under the wings and guidance of William Smith the elder, were all at this time Presbyterians by profession and republicans in principle." De- termined as early as 1752 to pull down church and state, continues Jones, in his savage anathema, and to raise their own government and religion upon its ruins, the triumvirate formed a club, under the appel- lation of the Whig Club, which met once in each week at the popular tavern of the King's Arms.' 1 Contemporary authority places the tavern Coffee House. This building was on the northeast under this sign in Broad street near the Long corner of Broad and Dock (now Pearl) streets, op- Bridge, under the management of Richard Cooke posite the well-known Praunces' Tavern, and was in 1750. In 1754 the sign was hanging at the same pulled down in 1890. In 1764 the old sign was place, then desorihed as opposite the Royal Ex- carried hy Edward Barden to the upper end of change. In 1757 the tavern kept hy Cooke appears Broadway, facing the Commons. The King's in the public prints as the Gentlemen's Exchange Arms was evidently the great Whig resort. THE PAET OF NEW-YOEK IN THE STAMP ACT TBOUBLES 347 At this Whig Club, says Jones also, the usual and customary toasts drunk were "the immortal memory of Oliver Cromwell, of Hugh Peters, of G-eneral Ludlow," and others of the regicides. They had an organ in the " Independent Reflector." Eeturning to Dawson's asser- tion that the Sons of Liberty were identical with or the continuation of the association ruled by the triumvirate of the previous decade, it wiU be found difi&cult to accept this statement. There was nothing violent or revolutionary in the characters of either Livingston or Smith. Their in- terests lay with the large proprietor and conservative class. They were moderate men, sage of counsel, delib- erate in action. Neither in tempera- ment nor in character were they at all akin to Scott or McDougall, who later led the advance-guard of the oppo- sition and who were from the outset the moving and aggressive spirits of the Sons of Liberty. From an early date (1760) there had been a resolute resistance by the sea- men of the colonies to the nefarious practice of impressment from the market and wood boats, and from the merchantmen which visited our harbors, nowhere more de- termined than at the port of New-York.^ In 1764 four fishermen were pressed from their vessels and carried on board a tender from a man-of-war on the Halifax station. Next day, the captain of the tender venturing on shore, the boat was suddenly seized and di'agged through the streets to the middle of the green in the Fields (City Hall Park), where it was burned and destroyed. Meanwhile the captain was escorted quietly to the coffee-house which stood on the south- west corner of Wall and Queen (later Water) streets, where he dis- claimed all responsibility for the seizure and gave an order for the release of the fishermen. From the suddenness of the appearance, the orderly determination, and the equally sudden disappearance of the crowd or mob or gathering, which are noted in the recital of this affair, Dawson claims, and not unfairly, that they were an organized body; "minute men," he calls them. But the Sons of Liberty was an institution of a more permanent character and a w^^^^tl '^a^(rtiU^ 1 In that year the crew of the Samson of Bristol refused to obey the signal-guns of H. M. S. Win- chester to bring to ; and, firnig upon the man-of- war's barge on attempting to board her, a number of men were MUed. The Samson fortunately got into harbor, and the men escaped ; the people protecting and oonceaUng them from the reach of the sheriff and the detachment of militia or- dered to his assistance. 348 HISTORY OF NEW-YORK more defined organization than can be discerned in the ephemeral actions cited. The articles of "Sentinel," mentioned above, began on February 28, 1765. According to Sedgwick they were commenced by Wil- ham Livingston. "There is no number of these essays exclusively devoted to the subject of the Stamp Act, the opposition to which was now rapidly drawing to a head," says the same authority. But the first response to the note raised by Barre was sounded by this same " Sentinel," and it became the rallying-cry of the body of the people, the mechanics and seamen of the New- York colony. It is not unfair to suppose that as the hour of direct conflict drew on, a people accus- tomed to concerted action should have consulted together, listened to the advice of such trusted chiefs as John Morin Scott and Alexander McDougall, and placed themselves in communication with their friends in the eastern and middle colonies. The contrary would be strange. In the months of June and July news arrived of the appointment of stamp agents for the several colonies, and of the official announce- ment that the act would be enforced on November 1. As the sen- timent of resistance was general, a concert of action by the several colonies was a natural corollary. Priority in a demand so universal cannot be safely claimed, nor yet to which individual in the several committees of correspondence the credit of suggesting it is due. The House of Eepresentatives of the Massachusetts Bay brought the sub- ject to a focus by agreeing to a committee of representatives or of burgesses on the condition of the colonies, to consider of a dutiful, loyal, and humble representation to his Majesty and parliament for relief. This meeting was set for the first Tuesday in October, and New-York was designated as the place of assemblage. New- York was naturally selected for the place of meeting as the most convenient because it was the geographical, political, and com- mercial center of the colonies, accessible by water as by land. It must not be forgotten that every one of the original thirteen colonies was a seaboard settlement : each with a seaport of its own ; each with its direct communication with England for commerce, and each with some coastwise trade; each independent, and jealous of its independence of the others ; and each loyal in its own measure to the parent gov- ernment, as its own interests were consulted in the enforcement or the relaxation of the laws of trade. While each, therefore, might have stood ready to take its chances against its neighbors, even under their onerous exactions, the idea of a danger which they must suffer or avert in common naturally brought them together, and there was no thought of local jealousy when New- York was chosen as the meeting- place for the most important assemblage known in their history. New- York was the natural center of influence. Her geographical posi- THE PART OF NEW-YOEK IN THE STAMP ACT TROUBLES 349 f HI^CHITRCH VAS BUILTBT THE C0NGB.EGAT3OW OF raE REFORMED SROTESXANT DUTCH CHTJRCH IIT THEClTT0F!^EVir^0EKFD:ft,EH01ISH §ERincE TrnDERTHE IMSPECTIOM' OFA^OMMITTE OP iOEACONS TSAaC KOSETTELT ADKIATT SaNCKEB. Xhdhew'S'aiischaik QABJtET ABEEX SXDERS ^teeSiarschaix iPETEH. XOTX SoaN^BOGERT THEODORTJS'V'AK "WYCK AWDREWBREESTED lU OAaPENrER'AHll rnoiECTOR lOHN ^TAGO Raster. J^asoijahd'Axex bates ^ The FIRST STONE wAPiAm luLT 2 xy6j By M^ tACOBUS R.OSEUEI.T SEH EXDER iE -WAIIS BTIIIT TOKECEItTBTHH ROOE ITJME \yij6% tion, midway between the more populous settlements to the eastward and southward, which the broad Hudson and the great bay at its mouth divided, was the natural key to the continent. The exposed situation of her northern border to French and Indian invasion had been a concern at all times to all the colonies. Upon her safety huno- the entire system of English settlements. " Whatever happens in this place," wi'ote Golden to Secretary Conway, "has the greatest influence in the other col- onies. They have their eyes perpetu- ally upon it, and they govern them- selves accordingly." Moreover, no col- ony was in such direct sympathy with England. It must be remem- bered that it was an English con- quest, not an Eng- hsh colonial settle- ment, and as such was more in touch with the ideas of the England of that day than its neighbors of New England or of Pennsylvania. New- York was a purely commer- cial city whose life was English trade; most of her merchants were Britons born or in close relation with their kindred across the sea. Favored beyond any of the provincial cities by its climate, the charm of its natural scenery, the variety and abundance of food, native and tropical, of water and land supply, and already the seat of a thriving trade, it was the coveted post of British officials. Here they found church and state very much as at home ; a wealthy class whose manners and habits were formed on the easy home pattern, whose residences and tables compared with any of those even of the richest English gentry, and whose native British roughness had been tempered by a reasonable infusion of Dutch and Huguenot blood. As previous chapters have shown, one after another of the connections of royalty and of the high nobility of the kingdom had sought office in the New- York province, and not a few of these, or of the officers of the army and navy, had formed closer ties with their American cousins by mar- THESE PIUARSREARED ITJWE 2 | I 7^£ The piKSTEwGriSHMimsTEE for the Dutch ifeoNGREDATIOW THE EEU ARCHIBALD IiAlDIilE IJ^^ rEACB BEWITHEET-THIS SACRED PLACE AHB holy .gifts .AHD HE ATJEHLYGRACB Tobias vaitzandt clerk c/beez. fecjt DUTCH CHURCH DfSCRIPTION", 1769. 350 HISTOEY OF NEW-YOBK THE NORTH DUTCH CHURCH, 176 riage with the daughters of the opulent magnates. Communication with home was constant by the well-appointed packets, and in almost every journal of the day notice may be found of " gentlemen intend- ing for England," or of the return of some well-known traveler. New- York was therefore the natural choice for the meeting of the colo- nial committee. It may be stated here that the colonies were as conscious of their power as of their rights. The white male population between sixteen and sixty years of age of the entire territory was estimated at the time at three hundred thousand : a force, when combined, quite sufficient for any and all purposes of defense against any enemy from across the sea. The right of petition has al- ways been jealously guarded as the dearest of popular rights ; the right of complaint of the governed to the authorities who govern, no matter under what form. Hence the suppression of the petition from the New- York and Massachusetts assemblies by the privy council of the king was looked upon as a serious outrage and a dangerous infringement of their rights. Such a thing would not have been attempted in case of a petition from Englishmen, and the colonists met the indignity with impatient alarm. They were not of a spirit to brook the idea of in- feriority to the parent race. They awaited the action of the governors with anxiety, and the hope was publicly expressed " that neither the governor of Virginia nor any other governor on the continent would think the proposed Congress so improper a step as to dissolve the assemblies to prevent it " ; and that there might be no question as to the right, it was added " that their Excellencies and Honours cannot be thought altogether unacquainted with the Act of Parliament made immediately after the glorious revolution, which declares it is the right of the subject to petition the King, and that Parliament sits for the redress of grievances." At first the people seemed hardly to comprehend the gravity of the blow struck at their liberties. Colden wrote on the 27th of April to the Earl of Halifax that " this Government continues in perfect tran- quillity, notwithstanding the continued efforts of a faction to raise discontent in the minds of the people and disorder in consequence of it. . . . No illicit trade has been discovered of late." And in May he THE PART OF NEW-YOEK IN THE STAMP ACT TEOUBLES 351 wrote to Monckton that "the gentlemen of the law seem to have placed the chief stress of their cause in raising public clamour. Notwithstand- ing of this, I am fully persuaded the People of this Province will quietly submit to the Kings determination, whatever it be. By the care that I have taken that no reply be made to a licentious, abusive, weekly printed paper, the administration is restored to its usual tran- quillity, and I hope it wiU continue to." On the last day of the month he writes again to the Earl of Halifax that " the administration of government continues in its usual tranquillity." But the gentlemen of the law, as he knew them, anxious for the liberties of the colony as the lieutenant-governor for the prerogative of the king, were not idle, and the tranquillity on which Golden plumed himself was the calm which precedes the storm. John Morin Scott, in three masterly papers which appeared in " the licentious sheet" (Holt's "New- York Gazette," the liberal organ) on June 6, 13, and 27, under the signature of "Freeman," startled the people to the consequence of non-resistance, against which Living- ston had entered his warning ten years before. Bancroft seems un- certain as to the authorship of these letters of " Freeman." He agrees that Scott seems most likely to have written them. But Dawson has no hesitation in his ascription of them to Scott, though he gives no authority. Bancroft makes frequent quotations from their significant passages. " It is not the tax," said he, " it is the unconstitutional man- ner of imposing it, that is the great subject of uneasiness to the colo- nies." He charged that " the taxation of America is arbitrary and tyrannical, and what the Parliament of England had no right to impose"; and fui'ther, drawing his conclusions from his close premises, he says, " If then the interest of the Mother Country and her Colonies can not be made to coincide, if the same Constitution may not take place in both, if the welfare of the Mother Country necessarily requires a sacrifice of the most valuable natural rights of the Colonies : their right of making their own laws and disposing of their property by representation of their own choosing — if such is really the case between Great Britain and her Colonies, then the connection between them ought to cease; and sooner or later it must inevitably cease. The English Government cannot long act towards a part of its domin- ions upon principles diametrically opposed to its own without losing itself in the slavery it would impose upon the Colonies or learning from them to throw it off and assert their freedom. There never can be a disposition in the Colonies to break off their connection with the Mother Country so long as they are permitted to have the full enjoy- ment of those rights to which the English Constitution entitles them. . . . They desire no more ; nor yet can they be satisfied with less." In his text Scott called this the "Land of Liberty." This bold assertion of 352 HISTOEY OF NEW-YOBK the rights, this bold declaration of the intentions of the Americans, was "caught up," says Bancroft, by the impatient colonies, and formed part of the instruction of South Carolina to her agent in England. The situation at this time is thus summed up: "Virginia marshalled resistance; Massachusetts entreated Union; New- York pointed to independence." So says Bancroft. In fact, however, the first resis- tance came from New- York ; the first idea of union was formulated in New-York, and in New- York independence was the early ultimatum. And while the thoughtful were thus addressed through the press, the streets abounded in pamphlets and squibs, and the stamp act itself was hawked about as "The folly of England and the ruin of America." As the summer waned the popular indignation waxed stronger. On the morning of August 14 two effigies were seen suspended from a branch of the Great Tree, one of the large elms on Hanover Square, in the town of Boston. One was labeled "Distributor of Stamps." After hanging all day they were toward evening cut down and carried in procession to a building newly erected and belonging to Mr. Oliver, the stamp officer for the Massachusetts province, which was sacked and destroyed. Mr. Oliver took the warning, and the next morning resigned his office. This example was followed in the other colonies. IngersoU at New Haven engaged to reship the stamps or leave them to the disposal of the people. Later he was hanged in effigy at Norwich. Johnston at Newport was burned in effigy, and resigned. Coxe in New Jersey, unable to hire an office, threw up his commission. Colden's letter to Sir William Johnson is authority for the action taken in New- York. "Yesterday, August 30th, James McEvers (who had accepted the office of Distributor of Stamps and entered into bonds) sent me his resignation of the office being terrified by the sufferings and ill usage the Stamp Officer met with in Boston and the threats he has received at New- York." Still Golden had hopes to be able to defeat the measin'es of the patriots and to deliver the stamps. In the very letter above quoted he says, " I shall not be in- timidated." On September 2 Golden asked General Gage for a mili- tary force to protect the government, and suggested the ordering to the city of the nearest battalion available ; and the next day urged Gaptain Kennedy, commander of H. M. S. Coventry, to watch the incoming vessels and protect that on which the stamps might be. On August 26 there was a great riot in Boston, when several build- ings, including that of the lieutenant-governor, were injm'ed; yet, but a few days before, the anniversary of the birthday of the Prince of Wales was celebrated, as the journals reported, with great dem- onstrations of joy and with marks of unfeigned loyalty. The "New- York Gazette " makes no mention of any similar exercises here. In September, Hood, the sta.mp-ma,ster for Maryland, was driven from UNITE OR DIE THE PABT OF NEW- YORK IN THE STAMP ACT TEOUBLES 353 Annapolis and took refuge in New- York. He took lodgings at the Kings Arms Tavern, but, learning that the people of the city were about to force a resignation from him, he applied to Golden and re- ceived quarters in Fort G-eorge, which on the 14th he described as "crowded with men and military stores." The similarity of these events in the several colonies justifies Colden's expression to Conway that a secret correspondence had been carried on throughout all the colonies ; and that " it has been concerted to deter by violence the Distributors of Stamps from executing their of6.ce and to destroy the Stamped paper, when it arrived." In September the idea of union took definite shape. A broadside entitled the " Constitutional Coiffant," secretly printed in New Jersey, was widely cir- culated in New- York, and later re- printed here and in Boston. It bore as a head-piece the device of a snake cut in parts to represent the colonies, with the motto " Unite or die," the familiar symbol used by Dr. Franklin in his " Pennsylvania G-azette," in 1754, to arouse the colonies to the danger of the French invasion. Copies of the " Courant " were handed about the streets of New- York by Lawrence Sweeny, an eccentric character, better known by his sobriquet of "Bloody News," from his familiar cry announ- cing the army news during the sanguinary French war. When asked by Colden where he obtained the paper, he humorously answered, "From Peter Hasenkliver's iron-works,^ please Your Honor." The next day the " Com-ant" took up the joke, and gravely announced that it was there printed. Colden sent a copy of it to Secretary Conway, and advised him that bundles of them had been delivered by James Parker, secretaiy to the general post-office in North America, by whom it was believed to have been printed, and that it had been distributed along the post-roads by the post-riders. Songs were written for the Sons of Liberty. The temper of the city was so high that even Col- den wrote to the home government that he agreed with the gentle- men of the council that it was not a proper time to prosecute the printers and publishers of the seditious papers. Indeed, the attorney- general had told him that he did not think himself safe to command any such prosecution. During this exciting period Greneral Monckton remained in London, and was kept well informed of events as they happened on this side of the water. Like his companion at Quebec, Colonel Barre, he was not 1 Peter Hasenkliver was an enterprising char- The property is now owned and occupied by ex- acter about the middle of the eighteenth century. Mayor Ahram S. Hewitt. He established the iron-works in East Jersey. Vol. II.— 23. 354 HISTORY OF NEW-YOEK in favor of the oppressive measures. In time he formally resigned, and Sir Henry Moore was appointed to succeed him in the New- York government. Those acquainted with Moore's character, public and private, were pleased with the appointment. He had served the crown as governor of Jamaica, and was knighted for his conduct in the suppression of an insurrec- tion of the slaves in that island. But such sa- gacious men as Monckton's friend, John Watts, doubted the wisdom of the appointment. " The Northern Colonies," he wrote, " have always con- sidered the planters of the Southern their enemies from self-interest, and if ever there is the least ■' /r7i-> occasion, will be more uneasy under such ruler /'^ whose heart naturally will be where his trea- sure is, than under a person they Judge unprejudiced and disinter- ested." As September drew to a close. Golden seems to have grown somewhat uneasy, and wrote to the new governor that nothing could give him more pleasure than his presence in the city. Watts describes him as terrified at the mobs which now ruled the town, and the fort as armed beyond what it had ever been before: "howitzers on the curtains, cannon facing the gates and the Broadway, as if Montcalm was at King's Bridge." So full was Fort George that Golden wrote to Governor Franklin of Pennsylvania, who had asked a lodgment for the stamps for that province in the fort, that there was no place for them but in the governor's house, and recommended that they be put on one of the king's frigates in port. His own arrangements he thus describes : " I desired the Gaptains of His Majesty's Ships of War now in the river to protect the ship in which they should come. For this purpose a sloop was placed at Sandy Hook and a frigate midway between that and this place, while the Coventry lay before the town." Early in the month news had reached the colonies of a change in the ministry. There was great rejoicing in Boston. The great elms venerated for their antiquity were decorated with the emblems of Eng- land, the colors embroidered with mottos ; and, with cheers and mili- taiy salutes, a copperplate on which was stamped in golden letters the legend, " The Tree of Liberty, August 14, 1765," was placed on the tree where the effigies had hung on that day. This appears to have been the first liberty tree, but the custom of stripping a tall tree of all but its topmost branches, beneath which the national standard waves, has not yet died out in the villages of the country. The stamped paper now began to arrive ; the first instalment, des- tined for New Hampshire, reached Bo^on early in September. A few days later a ship arrived in Boston with fourteen boxes, but was com- pelled to seek safety under the guns of the castle and in the guard of THE PAKT OF NEW-YOEK IN THE STAMP ACT TROUBLES 355 a sloop of war and a cutter. Those for Philadelphia arrived on Octo- ber 5. The ship lay off Newcastle on the Delaware, tinder similar protection. As it rounded Gloucester Point the colors of the vessels in the harbors were lowered to half-mast, and the bells of the city were tolled. A mass-meeting was held, and Hughes, the stamp-mas- ter, compelled to engage that he would not execute the office. The delegates to the congress— the " Stamp Act Congress," as it is knoAsm in history— began to arrive in New- York early in October. The first was the committee from South Carolina. When the question of its appointment came up in the assembly, says Eamsey, it was thus ridiculed by a humorous member : " If you agree to the proposition of composing a Congress of deputies from the different British Col- onies, what kind of a dish will you make ? New England will throw in fish and onions ; the Middle States, flax-seed and flour ; Maryland and Virginia will add tobacco ; North Carolina, pitch, tar, and turpen- tine ; South Cai'olina, rice and Indigo ; and Greorgia will sprinkle the whole composition with saw dust. Such an absurd jumble will you make if you attempt to form a union among such discordant materials as the thirteen British provinces." To which a country member re- torted : " He would not choose the gentleman who made the objections for his cook, but, nevertheless, he would venture to assert that if the colonies proceeded judiciously in the appointment of deputies to a Continental Congress, they would prepare a dish fit to be presented to any crowned head in Europe." On Monday, October 7, the con- gress met in the City Hall. There were present delegates from nine colonies, viz. : Massachusetts Bay, Rhode Island and Providence plantations, Connecticut, New- York, New Jersey, Pennsylvania, the government of the counties of Newcastle, Kent, and Suffolk upon Del- aware, Maryland, and South Carolina. Of these only six were duly authorized committees appointed by the legislatures within the terms of the call. As the New- York assembly had not been in session for a long period, the committee of correspondence chosen at its last ses- sion was admitted to represent the province. These were John Cru- ger, Eobert E. Livingston, Philip Livingston, WiUiam Bayard, and Leonard Lispenard — an able and fearless body. The South Carolina and Connecticut delegates were restricted in their action by their as- semblies. Virginia and North Carolina were not represented; their assemblies having been prorogued by the governors. The Georgia as- sembly were enjoined by their governor from sending a committee. New Hampshire wrote that they were not in a position to send dele- gates. Among the twenty-eight members who appeared were many whose names were familiar throughout the colonies : Cruger and the Livingstons of New- York, Otis of Massachusetts, Johnson of Connec- ticut, Dickinson of Pennsylvania, McKeon from Delaware, Gadsden 356 HISTOEY OF NEW-YORK and Eutledge from South Carolina— all historic names. Euggles of Massachusetts, who had commanded a brigade in the late French war, was chosen chairman. The sessions were secret, and the journal printed later is extremely meager in the details of their proceedings. It would seem that they named a committee to draft a declaration of rights and grievances, and then adjourned. They met finally on October 19, and, after mature deliberation, agreed on this docu- ment. The authorship of the dec- laration has been usually ascribed to John Cruger. It has also been claimed for John Dickinson. It is an able and fearless paper, of which any one of the great men named might have been proud. Commit- tees were then appointed — one to draft an address to the king; an- other, a memorial to the lords ; a third, a petition to the House of Commons. On the 21st, 22d, and 23d these addresses were adopted. On the 24th the colonies were re- quested to appoint special agents to solicit relief. "When the business was completed, Euggles, who had presided over the several meetings, refused to sign the petitions "as against his conscience." All the others, however, except Ogden of New Jersey, unhesitatingly sub- scribed their names. The congress, after engaging themselves not to make public their petitions until they were presented, adjourned on the afternoon of Friday, October 28. They separated after an affectionate leave-taking, most of them setting out at once for home. Euggles had left the previous day. Colden was greatly disgusted with these proceedings. To the Boston committee, who waited courteously upon him on their arrival, he gave a cold reception, and told them that the meeting of the commissioners was unconstitutional, unprecedented, and unlawful, and that he could give them no kind of countenance or encouragement. He hardly mentions the subject in his letters to the home government, confining himself to announcing their arrival, and disclaiming any knowledge of what they were doing or designed to do. Meanwhile the people were in council as to some means of forcing the merchants of Great Britain to take up their quarrel or redress 1 The portrait of James Alexander and that of his wife are from the originals, attributed to Copley, in the possession of Mrs. Archibald Russell of New-York. Editor. THE PART OF NEW-YOBK IN THE STAMP ACT TROUBLES 357 their wrongs.^ The notice was short and the attendance small, and it appears that entire harmony did not prevail, John Morin Scott and Isaac Sears exchanging high words; and there was a disagreement as to measm'es. However this may be, a second and larger meeting was held at Bnrns's Long Room at the City Arms, the tavern bearing that sign standing on the corner of Thames street and Broadway, the site of the present Boreel building. The call appeared in the "Ga- zette " of October 31, and was addi-essed to the gentlemen merchants of the city. The pm-pose was declared to be to fall upon such methods as they shall then think most advisable for their reciprocal interests. Grentlemen who had their country's good and their posterity's interest at heart were desired to attend. The meeting was called for four o'clock of the same afternoon. It was both large and enthusiastic. Resolutions were adopted and subscribed to by upward of two hun- dred of the principal merchants, as follows: 1st, to accompany all orders to Great Britain for goods or merchandise of any nature, kind, or quality whatever, with instructions that they be not shipped unless the stamp act be repealed ; 2d, to countermand aU outstanding orders unless on the condition mentioned in the foregoing resolution ; 3d, not to vend any goods sent on commission and shipped after January 1 succeeding, unless upon the same condition. In consequence of these resolutions the retailers of goods signed a paper obliging themselves not to buy any goods, wares, or merchandise after January 1 unless the stamp act were repealed. This was the first of the famous non-importation agreements, the great commercial measure of defense against Great Britain. It plunged friends and foes alike into the deepest distress, but it taught the colonies the extent of their own resources. It laid the foundation of American manufactures. The honor of this movement belongs to New- York. It was followed by Philadelphia, on November 7, and by Boston on December 3. The Philadelphia resolutions, an elaboration of those of New- York, were made public in the journals of November 14, the first issue after their adoption. So general was the acquies- cence of the merchants in this movement that it was estimated in November that the value of goods countermanded was over seven hundi-ed thousand pounds sterling. A market for aU kinds of home manufactures was opened under the Exchange in Broad street, and the people were exhorted to consume no foreign goods. The " New- York Gazette " printed in large type : " It is better to wear a home- spun coat than lose our liberty." The principal gentlemen in the 1 A meeting was called for Friday, October 28, streets, alternately. He advertised Ms removal at John Jones's tavern. John Jones kept a tavern from the Fields into town on November 14. Hence under the sign of the Freemasons' Anns, in the it is uncertain where this first famous gathering Fields, and at the famous inn belonging to Sam was. There are reasons for supposing, however, Fraunces, comer of Broad and Dock (now Pearl) that it was at the house in the Fields. 358 HISTORY OF NEW-YOEK city clad themselves in country manufactures or turned clothes. The farmers sent no more lamb to market, that they might produce more wool for the spinners, and sassafras-bark and sage took the place of Bohea teas. The stamps reached New- York later than the other colonies. They arrived in the ship Edward, on Tuesday, October 23, while the con- gress was still in session, after a voyage of six weeks and three days from Falmouth. There were ten packages of stamped paper, which had been shipped so quietly that no passenger in the ship knew of their being on the vessel till " a man-of-war came on board to take care of their security." They had been stowed in different parts of the ship, and, it was said, without the knowledge of the captain. The ship was boarded at the Hook in accordance with an agreement between Golden and Captain Kennedy of the Coventry frigate. The arrival of the stamps was made known by the firing of cannon from one of the men-of-war at ten o'clock at night, and the next morning the Edward was convoyed into harbor with great parade by a man-of- war and her tender, and brought to anchor under the guns of the fort. An excited throng watched this proceeding from the river-front and wharves. On Thursday Colden summoned his council, seven of whom were in town, for their advice. Only three attended : Horsmanden and Smith, both of whom were judges of the Supreme Court, and Mr. John Eeade. They declined giving advice except by a full board, saying that if the ship were detained the governor and they would render themselves liable for the costs of an action which might be brought by any person having goods on board. They finally advised the hiring of a sloop to unload the vessel until the packages contain- ing the stamps were reached; but no sloop could be hired at any price, their masters declining the service. The captains of the king's ships were then requested to remove the cargo. They consented, and seven of the packages were reached. It was found unsafe to break the cargo fm-ther in the uncertainty of the weather and the fear of a gale of wind. Colden states that not a single line or the least direc- tion came in the ship, not so much as a biU of lading. He therefore determined to postpone opening the packages until the arrival of Sir Henry Moore, the new governor, whom the Edward reported as on board the Minerva at Portsmouth, about to sail, when the Edward left. His Majesty's ship G-arland at noon landed the seven packages, which were at once lodged within the fort without any opposition or popular disturbance. On the arrival of the Edward all the vessels in the harbor had low- ered their colors to signify "mourning, lamentation and woe." On October 31 the "New- York Gazette" was printed with black head and foot lines, and contained " a funeral lamentation on the death of Lib' #-0 fc^riou THE PAET OF NEW-YOEK IN THE STAMP ACT TE0TJBLE8 359 erty, who finally expires the thirty-first of October, in the year of onr Lord, MDCCLXV., and of our slavery I." The calm which encouraged the persistent Golden to believe that he coiild put the laws into force on November 1, the day fixed by the act, was but apparent. The night after the arrival of the Edward manuscript placards were pasted on the doors of every public office, and at the corners of the streets, all of the same tenor. " Pro Patria. The first Man that either distributes or makes use of Stampt Paper, let him take Care of his House, Person, & Effects. Vox Populi; We dareP McEvers had declined to have anything to do with the stamps, and the burden of receiv- ing them fell on Golden. On October 26, when the intention of McEvers was definitely understood, David Golden, son of the lieutenant-governor, ad- dressed the commissioners of the stamp-oflfice at London, asking for the appointment. He expressed his sense of the odium and danger which the ° THE MAJSrUSCKIPT PLACABD. appomtment mvolved, but he pleaded that, as his father was determined to enforce the act, he himself must necessarily assume the office of distributer, and that it was but fair if he incurred the risk he should reap the advantage of the emoluments. Golden had no doubt the act would be " quietly submitted to in a few months." On the 31st all the colonial governors took the oath to enforce the act ; but nowhere was an attempt made to enforce it. The eyes of the colonies were fixed upon New- York. "Whatever is done here wiU determine their conduct on this occasion," wrote David Golden. The lieutenant-governor was entirely satisfied with the condition of the fort, which was no longer dilapidated as in the spring; it had been restored, and was now in a proper state of defense; the honeycombed guns had been replaced by serviceable pieces; there were howitzers and shells. A company of the sixtieth regiment had come down from Grown Point, and later the relief of the royal regiment of artillery ar- rived from England. The garrison now amounted to one hundred men besides their officers. They were commanded by Major James of the artillery, a vain and apparently braggart man, whose manners and conversation had already greatly incensed the people. He was charged with saying that " he would cram the stamps down their throats with the end of his sword," and that " if they attempted to rise he would drive them all out of the town for a pack of rascals, with fom- and twenty men." In reply the Sons of Liberty threatened to storm the fort and burn the stamps. On October 31 the lieutenant-governor 360 HISTORY OF NEW-YORK advised the major tliat a riot was intended for that or the next day, and that there was " a design to bury Major James alive." In the even- ing of this day, which fell on Thm'sday, after the merchants had sepa- rated from their non-importation meeting, a crowd of sailors and others gathered in front of the City i^ms in the Broadway. The night passed, however, without any marked acts of turbulence. On the morning of November 1 the city magistrates notified the Heutenant-governor that they were apprehensive of a mob that night, and Captain Kennedy was requested to order all the marines from the men-of-war in the harbor to reinforce the troops in the fort. The storm broke at last, and with aU the more fury because of its long delay. A mob, "the most formidable imaginable," as Livingston describes it (and it passed twice by his door), collected in the fields opposite the commons, where a movable gallows was erected, on which was suspended an efSgy of Grovernor Colden, closely resembling the person it was intended to represent. In his hand was a stamped paper which he seemed to court the people to receive; at his back- hung a drum, on his breast a label, "the rebel drummer of 1715," a sobriquet which had been before attached to him by Chief Jus- tice Horsmanden in the time when Clinton was governor. It was a bitter satire upon the zeal with which Colden, then on a visit to his home in Scotland, voluntarily took up arms and, raising a company, marched against the Pretender and his own countrymen, in support of the king. By his side hung the devil with a boot in his hand, a favorite emblem of the king's unpopular adviser. Lord Bute, who seemed to be whispering in his ear. "While the multitude gathered about these figures, a second party with another figure made of paper, also representing the governor in his "gray hairs," seated in his chair and carried on the head of a sailor, preceded and attended by a great number of lights (six hundred are said to have been used on the occasion), paraded through the principal streets of the city; as they moved pistol-shots were repeatedly fired at the effigy. Passing through the Ply, the low meadow-land through which Pearl street ran, they turned into "Wall street and paid a visit to McEvers, whose residence was there, and gave him three cheers, in acknowledgment of his resignation of his office of stamp-master. The mayor, John Cruger, attended by the aldermen, had met at the City Hall. These were "Whitehead Hicks, for the East "Ward ; Nicholas Eoosevelt, for the West "Ward ; George Brencoton, for the North "Ward ; Francis Filkin, for the South "Ward ; Dirck Brinckerhoff, for the Dock "Ward; John Bogert, Jr., for Montgomerie's Ward ; and Cornelius Eoose- velt, for the Out Ward. Attended by their constables with staves, these worthy officials endeavored to prevent the progress of the procession, and even threw down the effigy. But the leader of the mob, with ma- THE PAET OF NEW-YOBK IN THE STAMP ACT TE0UBLE8 361 gisterial authority and perfect good temper, ordered it to be raised again, and the city authorities to stand aside at their peril. The mob then marched to the fort at the foot of the Broadway, The governor's residence was inside the walls, his coach-house without the ramparts ; this they broke open and took out his chariot. Then placing the efifigy upon the coach with one of their number sitting as coachman, whip in hand, they drew it about the town. Passing the Merchants' Coffee House on the corner of Wall and Queen (now Water) streets, a famous place of resort, they were greeted with signs of approbation and applause; thence they hm-ried with great rapidity toward the Fields. Meanwhile the first party had begun its move- ment, bearing the gallows on its fi-ame, on which were hung num- bers of lanterns. When the two parties met they halted, and pro- clamation was made that no stones should be thrown and no windows broken and no injury offered to any person, all of which was carefully obeyed. The multitude then marched to the fort, and although aware that the guns were loaded with grape and the ram- parts were Uned with soldiers, moved directly to the gate. Knock- ing their clubs against it, they demanded admittance; they called to the sentinel to tell the rebel di-ummer — i. e., Golden — or Major James to give orders to fire. But for the interposition of some moderate men they would no doubt have forced the gates, as there were said to be foui' or five hundred sailors and old soldiers among them quite accustomed to desperate undertakings. From the gate, after many insults to the effigy, they fell back to the Bowling Grreen, stripping it of the palisade which surrounded it. Here they planted the gibbet with the effigies hanging from it, though still under the muzzles of the fort guns. In the middle of the Green, with the pal- isades and the planks of the fort fence, and a chaise, two sleighs, and the stable fixtures which they had also taken from the governor's coach-house, they soon reared a large pile, which, being fired, soon kindled to a great flame and reduced coach, gallows, man, devil, and all to ashes. This is claimed to have been the extent of the original plan of the leaders of the movement ; but while the flames were at their height a MES. JAMES ALEXANDEB. 362 HISTORY OF NEW-YORK party of volunteers left the main body and, breaking through the palisades on the other side of the Green, repaired to the house of Major James. This was the Vauxhall, a fine residence with large gar- dens which stood upon the North Eiver shore, at the foot of Warren street, below the college grounds. It had been a popular summer re- sort as a pubhc house and gardens under the management of the famous Sam Fraunces, bu.t the major had refitted it with good furni- tu.re, a valuable library, mathematical instrtiments, rich clothing, linen, and a considerable quantity of wine and liquors. In the garden were summer-houses and many curious articles. The mob broke open the doors and destroyed every article the house contained ; then, making a fire outside, they threw in everything that would burn ; drank or destroyed all the liquor ; beat to pieces all the doors, sashes, window- frames and partitions, leaving the house a mere shell ; they then de- stroyed the summer-houses and tore up the garden. At two o'clock they retired, carrying off with them in triumph many military tro- phies, including the colors of the royal regiment. The guard of the royal artillery had hastily withdrawn on the approach of the mob. During the evening a placard which had been exhibited during the day at the Merchants' Coflf ee House was delivered at the fort gate by an unknown hand. It was in the form of an open letter to Lieutenant- Governor Golden, and addressed to him in all due formality. After accusing him of having bound himself by oath to be the chief mm- derer of the rights of the people, it passed to a personal threat : " We can with certainty assure you of your fate if you do not this night solemnly make oath before a magistrate and publish to the people that you never will directly or indirectly by an act of yours or any person under your influence endeavour to introduce or execute the Stamp Act, or any part of it, and that you will do the utmost of your power to prevent its taking effect here and endeavour to obtain a repeal of it in England. We have heard of yom- design or menace to fire upon the town in ease of disturbance, but assure yourself that if you dare to perpetrate any such miu'derous act you '11 bring yom- gray hairs with sorrow to the grave. You '11 die a martyr to your own villainy and be hanged like Porteous^ upon a high post, as a memento to all wicked governors, and that any man that assists you shall be surely put to death." The menacing letter was signed " New- York," and no doubt expressed the resolve of the people. The next day, November 2, letters and messages were sent in to Governor Golden at the fort threatening his life if he did not deliver up the stamped papers. On this point he says himself : " By advice of council I very 1 This was an allusion to the fate of Captain from the Edinburgh jail and hanged on one of the Porteous of the city watch in Edinburgh, who, city gates by a mob in 1736— a fact in Scottish falling under the censure of the people, was taken history peculiarly offensive to Golden. THE PAET OF NEW-YOKK IN THE STAMP ACT TROUBLES 363 readily declared that I would not distribute them, in truth it was not in my power to do it, but deliver them to Sir Henry Moore when he arrived." Some were content with this, but others of the leaders in- sisted that the stamps should be placed on board Captain Kennedy's ship Coventry. But that officer declined to receive them, fearful lest the mob should demand them of him and on his refusal to give them up take vengeance by destroying the property held by him in his own and in his wife's right, the latter being a mem- ber of the Watts family. He owned as many houses as any one person in New-York. The 3d of November was Sunday. There was no disturbance, and all parties had time for reflection — the leaders to concert their action, the governor and the military to prepare for defense. Prudent coun- sels prevailed, and early on Monday, the 4th, Colden invited the attendance at the fort of the mayor and some of the first citizens, to whom he renewed his promise that " he would not issue nor suffer to be issued any of the Stamps in Fort George." This, arranged in the form of a declaration, and bearing the names of Eobert R. Livingston, John Cruger, Beverly Robinson, and John Stevens, was printed in hand-bills and freely circulated throughout the city. It closed with an expression of the satisfaction of the freemen and freeholders, and an assurance of their determination to keep the peace of the city unless they found other cause of complaint. But the people were not satis- fled, and declared that the stamps should be delivered out of the fort or they would take them out by force. Placards were posted through- out the city inviting a meeting in the Fields on the evening of Tuesday, November 5, and requesting the citizens to come armed for the pur- pose of storming the fort. During the day, however, the city magis- trates met in common council at the City Hall and named a committee to wait on the lieutenant-governor and propose that the stamps be delivered to the city authorities and be deposited in the City Hall. This committee appears to have consisted of the mayor and all the aldermen. They proceeded to the fort, accompanied by a prodigious concourse of people of all ranks. The governor delivered up the stamps, taking receipt therefor from John Cruger as mayor. The packages were then taken to the City Hall, where they were lodged, and the people dispersed. The tranquillity of the city was again re- stored. During the course of these proceedings General Gage, the mili- tary commander of the northern provinces, was gi-eatly praised for his moderation. While the mayor and aldermen were awaiting Colden's answer on the morning of the 5th, the lieutenant-governor had re- 364 HISTOEY OF NEW-YOEK quested the advice of the general, which it seems was favorable to the concession.' "Whatever divisions there may have been in the city of New- York, between the upper and middle classes, Episcopalians and Presby- terians, the king's party and the independents, before the passage of the stamp act, certain it is that there were none after that event. The entire population of the city and province was merged in one solid mass of resistance to the arbitrary measures which struck at the very root of liberty. The universal testimony is that Golden was alone in his determination, and that even the king's officers, with the exception of the injudicious Major James, were averse to meddling in the matter. The major, no doubt alarmed at the demonstrations against himself, thought it prudent to take passage for London the next day — carrying despatches to Secretary Conway — on board the Edward, whose captain, Davis, was obnoxious because of his having brought over the stamps. She sailed on the 8th. Golden sent a cir- cumstantial account of the affair of the 5th by the Falmouth packet, which sailed the following Sunday, the 10th, and inclosed a memorial from Major James praying remuneration for the total loss of his prop- erty. Golden in his account declared that the defense of the fort would have involved the destruction of the city, and that he had only yielded to the appeals of a deputation of merchants and an address of the corporation "imploring his compassion." "They knew," said he, "that had every man in the Gity on Tuesday last joined in the attack on the fort, as was openly and boldly threatened, they could not have carried it, but that the greater the number who joined in it the greater their desolation must have been." How far this is true it is now diffi- cult to judge. Gaptain John Montresor, of the royal engineers, called in by Golden on November 1 to put the fort in a state of seciirity, states that the defense he put up was temporary, "there being no par- apet to the works and being commanded by its neighboring houses." He places the number of assailants at two thousand, and says that some of them attempted to scale the walls, while three hundred car- penters among the mob were prepared to attempt to cut down the fort gate on the first shot fired from thence. Moreover, they had procured one hundred barrels of powder, and had proclaimed their intention of marching the friends of the government in their front. Golden had sent his family on board the war-ship Coventry for protection on the 4th. They returned to the city on the 6th of Novem- ber. Meanwhile he remained himself in the fort. Watts wrote to Monckton "that he should not like his [Golden's] situation." Golden 1 It may be here mentioned that this 5th of was in all English cities, with popular enthusi- November was Guy Pawkes day, the evening of asm, bonfires, and much drinlsing — a dangerous which was always celebrated in New- York, as it anniversary for a revolutionary assemblage. THE PAUT OF NEW-YOKK IN THE STAMP ACT TE0UBLE8 365 himself wrote to Conway "that, could he be assured that no villainous assassin would come from the town, he should think himself as secure at his country house as in the fort, the inhabitants of the country being absolutely free of the seditious spirit raging in the town." ■/^A^f^ BffitJif- ^ ■. fe Me.f/^^M>i^ ^M^ (i^iU /cfi/ A ^(e,/>t^ ^^^ A/^i'^ -^ - — ' upn. fit. ^ti-a^^u^. (J- /it ^^:Aoi^. A^A^tlc/ /^ J^^id^/i^ ^^^i^^ iyii^ — => tJl-fijL fu^iytriff (^ ^^■uu^ ^n^ ii. Crtru^d^ ^ ^Zu^^/aVKm, ^irii,^ Unfortunately the journals of the house from 2 A letter of thanks, signed "Marylander," and this date to November 17, 1767, have heen lost, addressed to the Sons of Liberty in New- York, it seems, irrevocably. The council minutes exist appeared in Holt's paper on December 26, 1765. at Albany, but were never printed. 372 HISTOEY OF NEW-YORK The society in Boston was governed by a privy council, as appears by a letter from Providence of February 7. From a copy of a letter from the New- York committee of February 20, it seems that this body sub- mitted their resolves to a general meeting, and sent their circulars as far as Charleston by messengers, usually the post-riders. With this evidence the claim of New- York to have originated this practical scheme of an organization which united the colonies in a common pur- pose cannot be disputed ; and this was the precursor of colonial union. Sears and AUicocke seem to have been the known authorities in New- York, and it was before them that James McEvers made his formal renunciation on December 2. In addition to their political differences, there now arose constant quarrelings between the king's troops and the citizens. The royal artillery, a party of whom had barely escaped with their lives when the mob sacked the house of their officer, Major James, while under their guard, held the Sons of Liberty in dire umbrage. Montresor re- lates that a member of the association was stabbed with a bayonet by one of the royal artillery on December 1, 1765; and his journal of De- cember 8 has an entry, " The Sons of Liberty, as they term themselves, openly defying powers, office, and all authority ; sole rulers." On the 13th the officer commanding the man-of-war declared his obligation to seize " vessels cleared without stamps, whereon one returned to har- bour." The excitement was so high that Sir Henry Moore invited all the merchants to meet him at the fort on the evening of the 16th, that he might know who reported among them that he had given the officer of the man-of-war such advice. On the night of the 17th ef- figies of Lord Grenville and other obnoxious British leaders were pa- raded through the streets by a large crowd of people, and burned on the common. On the 19th " Freeman " again entreated the people to stand firm in the important and most alarming crisis. " Our business of all kinds is stopped, our vessels ready for sea blocked up in our har- bom"s as if besieged by an enemy, great numbers of our poor people and seamen without employment and without support, . . . many families which used to live in comfortable plenty daily falling to decay for want of business" — a sad picture. Six inches of snow had fallen the day before. On the 21st, thirty-five of the forty militiamen who un- der a magistrate nightly guarded the stamp papers, voted to burn them on their own responsibility. On the 23d a mob assembled to take the votes of the householders as to whether the papers should be burned or returned, but broke up without reaching a deter- mination. On the 24th a mob gathered to destroy the residence of Captain Kennedy, but was prevented by the mayor's interposition.' 1 Kennedy lived at the building long but erroneously known aa Washington's Headquarters, No. 1 Broadway ; now the site of the Field Building. THE PAET OF NEW-YOEK IN THE STAMP ACT TROUBLES 373 On the 25th it was proposed to the governor to issue a proclama- tion offering the post of stamp-distributer or stamp-master to any who would accept it, well aware that no such person could be found and should none apply, to issue let-passes to vessels. Apparently the governor declined this subterfuge. The next day a Son of Liberty no- tified his brethren to be ready at a call when the common good should again require their exertions. Some enterprise was contemplated. The temper of the people now suddenly changed. Advertisements were posted about the streets threatening the effects and even the persons of the captains of the men-of-war should they dare to detain or even bring to any vessel sailing with- out stamped clearances ; and the year closed with an attempt to burn Gen- eral Gage in efBgy, which was averted only by the joint action of Gage and his officers. The cause of complaint was probably the active measures being taken to survey the town and adjacent country for military purposes. Thus ended this mem- orable year 1765, thenceforth distinguished in history as the year of the Stamp Act Congress. In the very last days of the year Watts justly characterized the temper of the people when he wrote, "he. Governor Golden, and the Stamp Act, at present are exactly aUke, without a single friend." The assembly paid no attention to Colden's demand for so much of his salary as he had earned from the time of the last appropriation till the arrival of his successor; and while at a later session they compensated Major James for his losses, they neg- lected to remunerate Golden for his damaged coach-house and burned chariot. Moreover, he was sharply censured and assm-ed of his Maj- esty's displeasure by Secretary Conway for having waived the enforce- ment of the act until Sir Henry Moore's arrival.^ It is proper to state here that while all classes were opposed to the use of stamps, the oppo- sition was clearly divided into two classes : first, those who proposed to abandon trade ; second, those who insisted on its continuance with- KENNEDT AND WATTS HOUSES. 1 1 These houses occupied the lots Nos. 1 and 3 Broadway, where now stands the Field or Wash- ington Building. Captain Archibald Kennedy later became Earl of Cassilis. He was related by marriage to the occupants of the adjoining house. John Watts, the elder, adhering to the Tories, at the time of the evacuation, in 1783, his property was subjected to confiscation, but it was restored finally to his son. 2 In his complaint to the king, through his min- ister. Golden wrote in January that he wanted only one month of having "lived seventy-eight years complete, of which forty in the Council of the Province." 374 HISTOBY OF NEW-YOBK out stamps: the first the men of property who dreaded illegal mea- sures ; the second the trading people whose support depended on their daily business. Early in January, 1766, the plans of the Sons of Liberty to associate on a continental basis seem to have been completed, and the mask of secrecy was boldly thrown ofE in all the colonies. On the evenmg of Tuesday, January 7, a great num- ber of gentlemen belonging to the Sons of Liberty met at the house of William Howard, an old place of enter- tainment which stood at the upper end of Broadway facing the common, upon a part of Trinity Church farm, and which thenceforward became then- headquarters; and after unani- mously declaring their opposition to ^ the stamp act, a great majority agreed to a series of resolutions demanding and engaging action of the most vig- orous nature toward all who "may either carry on their business on Stamped paper or refuse to carry it on independently of the odious act." They then adjourned to meet again in the same place a fortnight later, and at similar regular intervals thereafter. The same evening the British brig Polly arrived from London, whence she had sailed in October. Information being received that she had ten packages of stamps in her cargo, she was boarded the next night by a body of armed men as she lay at Cruger's dock, when the persons in charge were compelled to deliver up the keys and provide lights for a thorough search. The stamps were found, laden on a large boat, and taken up the East River to the ship-yards, where they were burned in tar-barrels, after which the men dispersed in an orderly manner without the least alarm to the city. The next day placards all over the city declared the popular approbation of the bold act of the Sons. Sir Henry Moore, who with General Gage had been secretly pre- paring for a possible enforcement of the act, now seems to have held it to be impossible with the forces at hand to carry out this purpose. There appears to have been some division of opinion in the councils of the Sons, perhaps because of the news, which came in on the 18th from Hartford, of a large assemblage there of men who desired a new system of government ; some boldly demanding another Cromwell as protector. The majority of the New- York population was, as has been STATUE OF QBOEGE III. THE PAKT OF NEW-YOKK IN THE STAMP ACT TEOUBLES 375 stated, truly loyal to the person of the king. Hence the fortnightly meeting in the Fields, for which great preparations had been made, including supper, fell through, for so few attended that it broke up in disorder. Indeed Montresor distinctly asserts this view in his diary under January 18: "From the present crisis, if we may judge of the loyalty of most people here, they acknowledge the King, but not the power of Parliament." This same day another vessel arrived with stamped papers, which were safely lodged in the City Hall. As it was known that those intended for Connecticut were in the fort, the Sons of Liberty in council resolved that on the first news from England of a determination to enforce the act, they would seize and destroy them aU, no matter in whose custody they might be. At the regular meet- ing of the Sons of Liberty on February 2, a committee was appointed by unanimous consent to correspond with the Sons of Liberty in the neighboring colonies. This committee was composed of Messrs. Lamb, Sears, Robinson, Wiley, and Mott. News now arrived of great dis- turbances in the southern colonies, particularly in Georgia, where the governor himself headed the troops. Governor Moore summoned his council and informed them of his Majesty's orders to put the act in force, but they again declared against the possibility of such action, the Sons of Liberty having openly threatened that they would "fight up to their knees in blood rather than suffer the stamp act to be put in force in this province, or, if they can assist, even in any others." Carriers and criers patrolled the streets shouting "the downfall of the Stamp Act," and bands of boys roamed about with candles and effigies. Up to this time aU the disturbances had been at night; but the Sons of Liberty of Philadelphia sending an express to New- York, on the 14th, with word that Mediterranean passes (passes issued by the gov- ernment of Great Britain, under treaty with the Dey of Algiers, for safe passage of the .Straits of Gibraltar) had been sent out from New- York on American stamped paper by Messrs. Pintard & Williams, two well- known merchants, aU disguise was thrown off, and the Sons of Liberty, headed by Lamb, Sears, and AUicocke, marched in broad daylight to the houses of these gentlemen. The next day their persons were seized and taken to the common, where they narrowly escaped being pilloried only on the appeal of the clergymen of the city. They were put on their defense and made humble submission, first on the com- mon, again at their door-steps, and later on oath published in the "Gazette." On February 17 the Falmouth packet brought the satis- factory news that it had been decided that there could be no appeal from the verdict of a jury ; but also that of the declaration of Gren- ville in the house that the colonies were in rebellion. Nor was he far astray, when now for nearly three months the "New- York Gazette" was boldly printed under the heading, "The united voice of all his 376 HISTOKY OF NEW-YORK Majesty's free and loyal subjects in America, Liberty and Property, and no Stamps"; when societies of the Sons of Liberty were already formed in every town and hamlet, and their resolutions pubhshed in the New- York prints; when Colonel Putnam openly advised the New- York committee that he would assist them with the Connecticut mili- tia, in the New- York province or any other; nay, more, when the New- York committee openly announced their purpose to seize all the crown officers and embark them for England, while the more radical publicly declared for shaking off the yoke of dependency. At this time the governor himself was wearing American homespun, with the avowed purpose of encouraging American manufactures, while the engineer Montresor was just completing his military survey of the city for General Gage and finishing the unspiking of the ordnance, spiked on the battery, by Colden's orders, before the crisis of November. On Thursday, March 6, the leaders of the populace resolved to show their opinion of Colden's action, and organized a large procession carrying an effigy representing the lieutenant-governor mounted on a cannon and drilling a vent. On his head was a paper with these lines : I 'm deceived by tlie Devil and left in the lurcli; And I 'm forced to do penance, tho' not in the church. After it had been paraded through the chief streets, the effigy was burned on the common. On the 12th news came from England that Captain Kennedy had been superseded in his command of the man- of-war Coventry for having refused to receive the stamps. The same packet bringing news that Sir Jeffery Amherst had urged an increase of British forces in America, it was proposed to have another proces- sion and to burn him in effigy; and it was also proposed to erect a statue to William Pitt, the recognized friend of the colonies, at the Bowling Green, and that the Green be known forever after as Liberty Green. On the night of the 19th the Sons of Liberty performed an act of boldness as yet unrivaled in their proceedings. They delegated two of their committee to go on board the Garland ship-of-war and demand the surrender of one of the lieutenants of that vessel for having said that the printer Holt deserved hanging for the licentiousness of his paper. The heutenant was not given up, and the next morning the navy and army officers concerted for common defense. This action of General Gage was a cause of great exasperation to the citizens. They resented the interposition of the military between the navy and themselves. A few days later news came from Connecti- cut that Colonel Putnam was ready to march with ten thousand men, and that arms and ammunition were akeady collected. Yet at that time not a stamp had reached that colony — all remaining in New- York. THE PABT OP NEW-YOEK IN THE STAMP ACT TEOUBLES 377 A crisis had evidently arrived, and there seems little doubt that within a few days a collision would have occurred and a revolution have been precipitated, when, on the afternoon of March 25, an ex- press arrived from the Sons of Liberty in Philadelphia bringing word of the arrival in the Chesapeake of a vessel from Cork with advices "that everything relating to the affairs of America was settled, the Stamp Act repealed, and requisitions to be made to the respective colonies for the support of the American establishments." As an in- stance of the rapid exchange of letters by the Sons of Liberty, it is stated that "this express arrived in twenty- two hours." There being reasonable doubt as to the exactness of this news, there was no relaxation in the efforts of the organization for concerted ac- tion, and as a first step toward concen- tration congresses of the local societies were called in several of the colonies. On the other hand, the crown officers took measures of precaution. One thousand barrels of powder and twelve thousand stands of arms were put on board the men-of-war in New- York harbor for safety. But the commander- in-chief was compelled to use wood- boats for their transfer, the vessels in port declining the service, and Governor Moore refusing a press-war- rant to Oeneral G-age, "as 'twas time of Peace." The general protest- ing, the governor and council consented to the issue of the useless warrant, the result of it being that exasperation against the military now took practical shape. The officers of the Eoyal Americans were in- sulted, and on one occasion one of their number was assaulted and his sword broken. On April 4 definite news reached the city, from Charles- ton, South Carolina, of the repeal of the stamp act on February 8. Yet this also was premature, as it was not until February 22 that Secretary Conway moved in the Commons for leave to report a bill of repeal, and that Pitt, who had hobbled into the house on crutches and wrapped in flannels, amid the cheers of the bystanders, supported the motion, "as due to the liberty of unrepresented subjects, and in gratitude to their having supported England through three wars." When, on mid- night of March 4, the bill was finally repealed, it was accompanied by an act declaratory of the absolute power of parliament to bind America. The bill for repeal passed the Lords on March 17, and the next day the king, sitting in state at Westminster, gave his assent "in GENERAL THOMAS GAGE. 378 HISTORY OF NEW-YOBK sorrow and despite." Bow Bells rang out the delight of London, and the happy conclusion was celebrated by dinners, bonfires, and a general display of colors. On Tuesday, May 20, an express from Boston brought the news of the repeal. It had been received from Liverpool by a brig belonging to John Hancock. The Sons of Liberty met in the evening, and the next day issued a call for a general meeting at one o'clock the day after at the house of Mr. Richard Howard' in the Fields. The day was celebrated with a dinner, with a "royal salute," and at night there were two bonfires on the common and a general illumination. Pitt was the hero of the toasts, and was designated "the Guardian of America." The gratitude of the people to Pitt was general throughout the colonies, from Massachusetts to Georgia. The idea of a statue in recognition of his services, proposed in New- York, first took practical form in the assembly of South Carolina, by whom in May a marble statue was ordered, and also portraits of her commissioners to the Stamp Act Congress. The example was later followed by New- York. The two statues were similar and by the same artist, Wilton of Lon- don. That executed for South Carolina stUl exists in Charleston. That in New- York was defaced by the British troops during the Revo- lutionary War. Its headless form may still be seen in the collection of the New- York Historical Society. The first non-importation agreement, the famous act of commercial defense against the oppression of the British parliament, originated, as has been shown, in the city of New- York, and was undertaken at the deliberate self-sacrifice of the merchants and tradesmen of the city. Copied in Philadelphia and later in Boston, it was at first uni- versally hailed as the true measure of retaliation. Its effect was im- mediate on the sentiment of the merchants and manufacturers of Great Britain, and its result was the repeal of the stamp act. The compliance in New- York with the strict terms of the agreement seems to have been from the first general and voluntary, and to have re- quired the interference of no specially appointed committee for its enforcement.- But pending the repeal of the act, the Sons of Liberty 1 So in the call— no doubt the house of WiUiam 1767-1768 1768-1769 Howard. Carolina £200,000 . £306,000 2 As to the comparative observance of the non- Florida 32,000 . . 29,000 importation agreement, 1769 -70, an excellent idea Georgia 36,000 .. 58,000 may be gained from a letter of WlUiam Samuel Hudson's Bay 5,000 . . 4,000 Johnson to Governor Jonathan Trumbull of Con- New England 419,000 207,000 necticut ; "After all the tergiversations amongst New Foundland 6,000 . . 6,000 the merchants the trade has this year been re- New York 482,000 . . 74,000 dueed about seven hundred thousand pounds as Nova Scotia 19,000 . . 19,000 you see by the following account nearly as it was Pennsylvania 432,000 .. 199,000 stated last night from the Custom House Entries." Virginia and Maryland . . 475,000 . . 483,000 Value of all goods exported from England to How forcible would the commercial agreement the colonies in North America from Christmas, have appeared had all the colonies abated in the 1767 : proportion of New-York, which seems to have 1767-1768 1768-1769 imported only the articles allowed by the agree- Canada £110,000 , . £174,000 ment. THE PART OF NEW-YOEK IN THE STAMP ACT TE0UBLE8 379 took care that there should be no infringement of the agreement. On May 24, 1766, a vessel came in from Bristol bringing a cargo of salt, coal, and bottled beer, consigned to Mr. Bache. Immediately a com- mittee, led by Isaac Sears, boarded the vessel, demanded and received the papers for the cargo, and the same being discharged and branded with the New- York arms, was reshipped to Great Britain. These goods came on commission, and no doubt were shipped after Janu- ary 1, the date fixed by the agreement, but without the knowledge of Mr. Bache, the consignee. This seems to have been the only act of infringement. As early as April 15 the Sons of Liberty declared that even though the stamp act itself should be repealed, they would insist on all restric- tions of trade being removed and the abolishment of post-ofiices and coui'ts of admiralty. On May 11 the New- York committee informed that of Philadelphia " that a very great majority of the merchants and in- habitants of the city [New- York] are positively determined that the non-importation agreement shall not be broke through here (while the other colonies continue to adhere to it) till a total repeal of the Acts imposing duties upon paper, painters' colours, glass and tea, takes place." The act of repeal, as will be remembered, was accompanied by an act declaratory of the right of king and parliament " to bind the colonies and his Majesty's subjects in them in all cases whatso- ever " ; and Pitt himself, in his demand for the repeal, had said, " Let the sovereign authority of this country [Great Britain] over the colo- nies be asserted in as strong terms as can be devised, and be made to extend to every point of legislation whatsoever ; that we may bind their trade, confine their manufactures, and exercise every power whatsoever except that of taking money out of their pockets without their consent." Hardly were the rejoicings in the city of New- York begun before the Sons of Liberty further declared that they would neither obey nor suffer to be obeyed any requisition whatever. Later advices and a publication of the warm appeals of the friends of America in parlia- ment, and the congratulations to the merchants from their London con-espondents, gi-eatly calmed the general excitement ; and as these letters advised a further ease to American trade by taking off several restrictions, the extreme purposes of the more radical of the Sons of Liberty were modified or fell to the ground. Montresor tells us that they even " divested themselves of their home-spun clothes, and were supposed only to remain with home-spun hearts." All business was resumed on the old footing. The organization itself was shortly after dissolved. As its minutes are not, so far as known, in existence, it is difficult to fix the precise date of discontinuance. The last official paper in the collection of John Lamb, who seems to have been the 380 HISTORY OF NEW-YORK custodian or secretary of tlie society, is a letter of May 24 from Albany, signed by Jeremiah Van Rensselaer and others of the com- mittee of correspondence of that place. A later letter, dated London, July 28, 1766, from Mr. Nicholas Ray, a wealthy merchant of New- York and an ardent patriot, speaks of his being informed that "the Society is dissolved." Mr. Ray, recognizing the great service rendered by the constant dissemination of news in England through the action of the society, m-ged the formation of a club by ten or twenty of the leading members of the late society, under the title of the Liberty Club, jfrr- ^'- ■^>^ y^ /i^=-^>x e-^i^U*.^ . L>^/1 ^^A >^ *^ ^/^. c_/«^ PBBSIDENT SAMUEL JOHNSON'S LETTEB TO HIS SON. which should meet monthly and annually celebrate the deliverance of America. The recommendation of Mr. Ray was not found advisable, as the Lamb correspondence shows.' The reaction from the intense strain was great, and for the moment everything was forgotten but a feeling of relief, which displayed itself in wild demonstrations of loyalty to the king on the anniversary of his birthday, which fell upon June 5. The bells of every church were rung at daylight. At nine o'clock preparations began for the roasting of two large fat oxen on the common, where a great crowd gathered to gaze on the mighty roast beef. At noon the firing of a gun sum- 1 Having named this gentleman as the London of Fairfield, Connecticut, was the agent through correspondent, it may interest some of our New- whom the correspondence of the society passed York citizens to know that Jonathan Sturges, for that colony. THE PART OF NEW-YORK IN THE STAMP ACT TROUBLES 381 moned the authorities and the principal gentlemen of the city to wait on the governor at the fort and drink the king's health. The battery guns fired a royal salute, and the people exclaimed, " Long live the King, the darling of his people!" Three hundred and forty persons sat down to an entertainment given by the principal inhabitants. Forty-one toasts were drunk. At the king's health a royal salute was fired by the guns on the common, and at each toast afterward a salute was given to complete twenty-eight, the number of years of the king's age; nor were the friends of America in England forgotten. The overplus of the tables was sent to the common, and the new jail and poorhouses were remembered. There was high festivity on the common also : on each side of one of the roasting oxen was a large stage with twenty-five barrels of beer, a hogshead of rum, sugar and water to make punch, bread, etc. ; at one end a pile of twenty cords of wood with a tall mast in the middle, to the head of which were hoisted twelve tar- and pitch-barrels and placed on a round top ; at the other end of the Common were fixed twenty-five pieces of cannon, and at the top of a mast a flagstaff with colors displayed. In the evening the whole town was illuminated in the grandest manner that ever was seen here, and the streets were crowded, yet without disputes, quarrel- ing, or accident. Similar demonstrations of loyalty were made in Philadelphia, where in addition the gentlemen had previously, at a great public entertainment, engaged, in their gratitude for the repeal, to dress themselves in a new suit of the manufactures of England and give their homespun to the poor. In Boston the Sons of Liberty, in celebration of the glorious majority for the repeal in the House of Commons, inci'eased the number of lanterns on the tree of liberty from forty-five to one hundred and eight. The New- York assembly, summoned by Sir Henry Moore, met on June 16, and voted a warm and dutiful address, engaging the prov- ince to new ardor for the king's person, a cheerful obedience to the laws, and a respectful conduct toward the mother-country. William NicoU was the speaker of the assembly. On the 23d a large meeting of freemen and freeholders was held at the Merchants' Coffee House, and addressed a petition to the general assembly for "an elegant statue of brass of Pitt." The petition was presented to the city mem- bers (John Cruger, Philip Livingston, Leonard Lispenard, and William Bayard), and by a committee appointed at the meeting. This was composed of James De Lancey, William Walton, John Thurman, Jr., Isaac Low, Henry White, and John Harris Cruger. The journals of this session of the assembly have been, as has been stated, unfortu- nately and apparently irrevocably lost ; but it appears from a pub- hshed extract of the votes and proceedings that the house, on the very day of the meeting at the Coffee House, made provision for an 382 HISTORY OF NEW-YOBK equestrian statue of the king, and, on the motion of Mr. Cruger, re- solved also on the erection of a statue to William Pitt in brass. The material was later changed, and the fate of the monument has been told. The merchants of London were no less grateful to the great commoner, and a large number of rings set with his head were ordered by them for their friends in America, and a statue of him was set up by the merchants of Cork in their Guildhall. For a while it seemed as though an era of peace and good will had opened. Not even the arrival of the forty-sixth regiment from the north, nor yet the sup- pression of the "Levelers," a large and riotous body who had created disturbances on the manors of Cortlandt and Livingston, and with whom the Sons of Liberty were supposed to sympathize, had dis- turbed the quiet of the population, which was now eagerly bent on trade. The very name had dropped out of sight and hearing. Yet trouble was brewing. The assembly had positively refused compliance with the act of parliament relating to the billeting of troops. They confined themselves to their old action of supplying barracks with furniture, etc., for the king's troops marching through the colony. The twenty-sixth, passing through Albany, were refused quarters; the barracks in New- York into which the forty-sixth we]-e marched were but bare walls, though later the corporation allowed the use of some unexpended money paid by General Amherst. As the quartering of troops was viewed with jealousy, collisions were inevitable. The first occurred on the evening of July 21, when four officers of the regulars, who had been drinking freely at one of the tav- erns in the upper end of Broadway, sallied out and began to break the city lamps near the college. One of the tavern-keepers protesting, they pursued him into his house and wounded him with their swords. Proceeding down Broadway, attended by two orderlies, they broke thirty-four lamps. Meeting the watch, a fray ensued, in which some of the watch, who were four in number, were wounded ; two of the officers were knocked down, of whom one was secured and lodged in the watch-house. The three who escaped called the sentinels from General Gage's door, and, reinforced by about a dozen soldiers from the fort, armed with muskets and with fixed bayonets, marched toward the City Hall. Meeting the watch on their way, they wounded several, and proceeding to the City Hall, where the civil watch was kept, released the prisoner. The next day the officer, who was known, ven- turing abroad, was arrested, and soon after another. The two were taken before the mayor and aldermen and held to bail in a large sum to appear before the Supreme Court. The penalty for each lamp wil- fully broken was twenty pounds. The mayor at this time was John Cruger, the same who received the stamps. General Gage's behavior on the occasion was entirely satisfactory to the authorities and citizens. THE PABT OF NEW-YOEK IN THE STAMP ACT TROUBLES 383 Mention has been made of the tree of liberty in Boston. The first Uberty tree in New- York, or liberty pole, as it was later called, was that set up on the north side of the common, opposite the Church Farm, at a point in the City Hall Park between Warren and Chambers streets. It was set up and bore the colors on the occasion of the rejoicings on the king's birthday. It is variously described as a tree, pole, mast, or flag-staff. Montr esor's journal of August 10 reports the gathering on the common of an assemblage (mob he calls it) of two or three thousand men, chiefly Sons of Liberty, headed by Isaac Sears, to demand an explanation from the officers and soldiers for their cutting down of " a pine post where they daily exercised, called by them the Tree of Liberty." It was cut down on the night of Sun- day, the 10th. This was the first outrage by the soldiery on what the citizens held to be sacred as an emblem of their principles, and this was the first collision in consequence. The mob used brickbats, the soldiers defending themselves with their bayonets until they received orders from General G-age, to whom they had sent a messenger. The general's aide-de-camp was attacked on his way to the troops and com- pelled to draw in his defense. Two or three persons were wounded and several hurt by the soldiers. General Gage declared that if the soldiers were the aggressors they should be punished; if not, they should redress themselves. The governor did not interfere. The of- fending soldiers, who appear to have been the aggressors, were of the twenty-eighth regiment, then quartered in the barracks. The towns- people held the affi'ay to have been a premeditated insult, and were justly uneasy at the presence of such a body of armed men patrolling then* streets as though those of a military post or conquered town. The Sons of Liberty gathered again on the 12th, it would seem by private call or of their own accord, since, as has been shown by Mr. Bay's letter of July from London, they had long before dissolved as an organized body. They determined that they would no longer allow the soldiers to patrol the streets or beat their retreat and tattoo through them. The same day they erected " another high post in heu of the other, with ' George, Pitt and Liberty,' and hoisted a large ensign thereon." This was the second liberty pole set up in the city of New- York, and on the original site. On the 13th the commander-in- chief, General Gage, reviewed the twenty-eighth regiment, apparently on the common, for it is related that the artillery formed the square for the service with fixed bayonets ; the people attempting to push through, claiming the ground was theirs. The gulf now widened day by day. The soldiers were daily jeered and threatened. A captain (Heathcote) of the royal artillery, returning from camp to the city in a sedan- chair, was stopped at midnight by an angry party and told that he was mistaken for Major James, whom they would have buried alive. 384 HISTORY OF NEW-YORK Agi-eements were made to have no intercourse with the soldiers nor admit them to the inns or private houses. The market-people were requested to sell provisions neither to officers nor soldiers. Increasing in boldness, the more violent proposed to drive the military from the city and break up the garrison. The more conservative of the former members of the patriotic organization seem to have taken no part in these proceedings, though they took no steps to check them. Meanwhile, by summons from the mayor, all parties concerned in or witnesses to the affray of the 10th appeared before him. Major Brown denied the truth of the affidavits, but it was clearly proved that the soldiers were the aggressors in interfering with the setting up of the second pole. Major Brown gave bail. The military felt the need of fm-ther defense, and mounted guns at the entrance to their artillery barracks and on the ramparts of the fort. On the 24th Sir Henry Moore and General Carleton, lieutenant-governor of Canada, sailed for Albany. General Gage remained in the city, but distributed the regulars to their several districts, retaining only eighty artillerymen in New- York. Nevertheless, he urged on the engineering surveys of Captain Montresor on the defenses of the city and harbor, under enjoinment of secrecy, and, what is of more significance, ordered the preparation of " a mihtary plan for passing through any country with an army." Montresor had served in America for twelve years, and was an officer of great merit. His journals, recently published by the New- York Historical Society, throw light upon the events of this inter- esting period. The withdrawal of the troops, on the one hand, and the decision of the court that the wi-its taken out against Major Brown were not actionable, for a while quieted the dissidents, or at least no outbreaks occurred. But on the night of Tuesday, September 23, the second liberty pole was cut down by persons unknown. The next day a third was erected in its place. On Monday, September 29, John Cruger, who had held the office of mayor of the city for ten consecutive years from 1756 with the highest honor and respect, resigned the dignity, and Whitehead Hicks was appointed by the governor in his stead. On October 11, Governor Moore, who with Lady Moore had made a visit to Lake Champlain with Governor Carleton, returned to the city.' Immediately on his arrival from Albany, the governor met his council and summoned the general assembly, which had stood prorogued from July 3. They met on November 10, in obedience to the circular letter requiring their attendance; but the session was prorogued to November 15. The 1 Dming his atsenoe he had spent a few days were visited at the upper end of Lal^e Champlain with Captain Schuyler, and later with Sir William by the Canawagha Indians living on the St. Law- Johnson, at Schenectady. While engaged with rence, and the usual courtesies, gifts, and belts of General Cai'leton, in settling the boundaries be- wampum were exchanged. The English governors tween Canada and the New-York province, they pledged themselves to respect their hunting rights. THE PART OF NEW-YORK IN THE STAMP ACT TROUBLES 385 governor addressed them in a cordial manner and, without allusion to any past or present grievances, announced the consent of the king to the " striking of Bills of Credit and issuing the same in lieu of money," and asked for an appropriation for the extension of the boundary line between the provinces of New- York and Quebec. Yet between the summons of the governor and their session, still another serious disturbance was made by the soldiers, who, armed with bayonets, entered several houses of ill fame in the Fields, where they complained they had been ill-treated the night before. This was in October; and again, in November, a number of soldiers, said to be- long to the forty-sixth regiment, entered the house of a cartman and, without provocation, cut and slashed him in a cruel manner. A soldier with blood-stained clothes was arrested and confined. In consequence of these troubles the magistrates publicly warned the inhabitants to sell no liquors to any soldier between the setting and rising of the sun, under heavy penalty of both fine and imprisonment.' On the day fixed for the session of the assembly important news arrived from England that William Pitt was made lord privy seal, with the title of Earl of Chatham ; and word came also that the general toast in Lon- don was : " May the Earl of Chatham retain the integrity of Mr. Pitt." The pulse of New- York responded as usual to every touch of English sentiment. The assembly, in reply to the governor's speech, sent in an address as cordial as his own, and as careful in the avoidance of any possible subjects of difEerence or discontent. Yet, only a few evenings later, there was again a serious liot between a party of sailors and a num- ber of soldiers at a public house on the common, when one of the former was seriously, if not mortally, injured. Among the changes in the English ministry was the appointment of Lord Shelbm-ne as sec- retary of the southern department, which included the British-Ameri- can colonies. On November 18 Governor Moore sent in to the gen- eral assembly Shelburne's instructions to him of August 9, which contained this significant passage : " I am ordered to signify to you, at the same time, that it is the indispensable duty of his Majesty's Sub- jects in America to obey the Acts of the Legislature of Q-reat Britain; the King both expects and requires a due and cheerful obedience to the same ; and it cannot be doubted that his Majesty's Province of New- York, after the lenity so recently extended to America, will not fail duly to carry into execution the Act of Parliament, passed last ses- sion, for quartering his Majesty's troops, in the full extent and mean- ing of the Act, without referring to the usage of other parts of his Majesty's dominions, where the Legislature has thought fit to pre- 1 Not many days later the law was enforced : a tavern-keeper was arrested, and the fine imposed. Vol. II.— 25. 386 HISTORY OF NEW-YORK scribe different regulations, &c." There was a gleam of consoling hope in the private news that " a plan of Lord Chatham for uniting the colonies with the Mother Country " would certainly be laid before parhament at the next session ; but that Americans entirely appreci- ated the change in his position appears in a warning by Britannicus in the same jom-nal in which this was announced, " that by quitting the House of Commons, Lord Chatham quitted his intrinsic power, and has no more now left than those who possess his Majesty's ear have a mind to give him." The bombshell thrown in by the menacing instruction of Lord Shel- burne came at an unfortunate moment, as a meeting of the merchants had been called at Burns's Long Eoom in the City Arms, for getting their signature to an important petition, prepared by the principal merchants, representing the grievances of trade of the colony ; a meet- ing of which there appears no later notice. The meeting was called for November 28. The assembly was in no haste to lift the dangerous explosive contained in Shelburne's instruction. They only replied to the governor's address on December 15. In a firm but determined manner they refused to lay upon the colony the expense of quarter- ing the regiments marching through their territory. They pleaded the provision made at the last session for quartering two battalions and a company of artillery as excessive compared with that made by their neighbors, and as an evidence of their loyalty ; but the tone of the address is sufiicient indication of their determination not to quar- ter any considerable force. The word they use, " non-compliance," admits of no two meanings. In answer Governor Moore simply de- clared his concern, and his intention to submit their sentiments to the secretary of state. The governor then summoned the assembly, who presented themselves with their several acts of the session, and were on December 19 prorogued to March 15, 1767. The bills contain no extra pro-vdsion beyond the annual limited supply for the usual barracks, voted the preceding session. The year 1767 opened with great siiffering in England from short crops, and a great depression in trade in the colonies. The political situation in New-York was peaceful, Sir Henry Moore carefully avoid- ing all occasion of dissidence ; but the people at large were intensely interested in the dispute in the Massachusetts colony between the governor and the legislature. Bernard, the governor, was a man of different temper from Moore, more tenacious of his own as well as of the king's authority. The sympathy with Boston was kept active by the constant exertion of such men as Isaac Sears, who was of New England birth, and the mechanics of the Presbyterian and Dutch Ee- formed belief, who were jealous of church as well as of state authori- ties. No further disturbances of the peace seem to have taken place. THE PAET OF NEW-YOEK IN THE STAMP ACT TROUBLES 387 On Wednesday, March 18, occurred the first anniversary of the repeal of the stamp act. The day was celebrated with enthusiasm. A gi-eat number of gentlemen dined at the King's Arms, to which the old keeper, Edward Barden, appears to have returned, Howard having been in possession the year before. The toasts were twenty-three in number, and, with one or two exceptions, in honor of the leading friends of America in parhament. On the night following the dinner there was a general illumination, but the harmony of the occasion was later marred. The liberty pole (the third, which stood on the common and which was inscribed to the king, Pitt, and liberty) was again cut down. The act was attributed to the sol- diers. The next day a fourth mast was set up, larger and more sub- stantial, and secured Avith iron to a con- siderable height above ground. AttemjDts were again made to cut it down and to undermine it by digging, but "with- out effect. Three nights later there was an at- tempt to destroy it by gunpowder. The next night (Sunday) a strong watch was set by the citizens in a house near by, probably the King's Arms. A party of soldiers appeared with their coats turned, armed with bayonets and sticks, but without their guns. They Avere interrogated by the Avatch, and withdrew. The CA^ening after a party of soldiers passed by the post and fired their muskets, two of the balls lodging in the walls of Barden's tavern. Still another attempt was made, but was frustrated by an ofacer. The government and city authorities now found it necessary to interfere. As the spring drew on, the aspect of American affairs in G-reat Britain grew dark and threatening. Private letters brought advices that the parliament would shortly take measures to enforce the billet- ing act, and the London merchants, alarmed at the outlook, allowed the packets for America to sail A\dthout cargo. It seemed certain that eight or nine regiments, with two detachments of artillery, were ready 388 HISTORY OF NEW-YORK to embark for New- York. The address of the New- York assembly was making "a great noise and disturbance throughout the King- dom," and the petitions of the merchants were coldly received by parliament. The New- York assembly, after sundry prorogations, met at the City Hall on Tuesday, May 26. In his address opening the session, Grovernor Moore laid stress upon the limitations in the provisions for the supply of the king's troops, and recommended a further supply. In reply the house voted the sum of three thousand pounds, five hundred pounds less than that expended the previous year, but without the restrictions of their last supply. The sum voted was that prescribed by the act of parliament. The house adjourned on June 6. The king's birthday was this year celebrated with unusual solemnity. There were a review of the seventeenth and forty-sixth regi- ments and the artillery detachment by Greneral Gage on the Battery, and a dinner at Fort George, where, at the toasts to his Majesty, a royal salute was fired, which was answered with twenty-one guns from the liberty pole, from which the Union Jack was flying. Toward the close of July^the proceedings of the House of Commons of May 13 to May 18 reached New- York. They were cei-tainly of an alarming nature. Of the 13th Bancroft says, " A more eventful day for England had not dawned in that century." On that day Townshend brought in his vote to punish the refractory colonies. The doors of the House of Commons were by special order shut against every agent of the colonies and every American merchant. The limitation of the New- York assembly to supplies for two regiments only, and those articles provided in other parts of his Majesty's dominions, and their renewed refusal in December, marked that province for special chastisement. Townshend moved that until New- York complied with the billeting act her governor should be ordered to assent to no legislation. A board of commissioners of the customs was to be stationed in America ; a revenue to be raised on direct importations of wine, oil, and fruit from Spain and Portugal ; and a duty to be laid on glass, paper, lead, colors, and especially on tea, — this revenue to be placed at the disposal of the king for the payment of the civil list, while governors and chief jiistices were to have fixed salaries. The friends of America endeavored to have the resolutions recommitted, but they were adopted on the night of the 16th without a division. On this occasion Burke prophesied that Great Britain would "never see a single shilling from America." Both the act of the disfranchisement of New- York and that of the duties were agi-eed to on May 26. The disfranchisement of New- York was of little practical account, the assembly having complied with the requisition of parliament before the passage of the bill. But the purpose, the intention of it alarmed the colonies. It meant coercion. The revenue bill was more THE PAET OF NEW-YOEK IN THE STAMP ACT TROUBLES 389 immediately mischievous, but the news of its passage was shortly followed by the report that to prevent any further misunderstandings between the mother-country and the colonies the expediency of grant- ing the Americans representatives in the British parliament would be considered immediately on the formation of a new administration, which was daily expected. French observers better understood the situation, Choiseul considering that the estrangement would break up the British colonial system. The first symptom of dissatisfaction with the new measures appeared in Boston, where, on October 28, the free- holders, at a great meeting in Faneuil Hall, over which James Otis presided, agreed to prevent the unnecessary importation of foreign commodities, especially of the duty-taxed articles, glass and paper, and to encourage American manufactures. The agreement was gen- erally entered into, but the measure of retaliation was mild compared with the action in the stamp act controversy. The New-York assembly met on November 17. The subject-matter of the governor's address was the pending dispute with the Massachu- setts Bay colony as to the boundaries of the jurisdiction. The house agreed that unless the dispute were shoi'tly settled in an amicable manner it would petition the king to intervene with a decision. A fm'ther supply of fifteen hundred pounds was voted for the king's troops. The assembly adjom*ned on February 6, 1768. A curious incident in their proceedings was their inquiry into the authorship of a pamphlet entitled " The Conduct of Cadwallader Golden, Esq., Lieu- tenant Governor of New- York, relating to the Judges' commissions, appeals to the King, and Stamp Duty." John Morin Scott, among others, was summoned before them. The pamphlet was a vindication of Colden's action, and was originally published in London, but a few copies being reprinted in New- York. It was held to contain reflections on the dignity of the assembly. It had been presented by the grand jury in October as a libelous reflection on the council, the assembly, and the courts of justice in the New- York province. Judge Living- ston brought the matter before the assembly. No conclusion seems to have been reached until the close of the session, in which time the author had not been discovered. The lieutenant-governor had sulked in his tent ever since the arrival of Governor Moore, attending the meetings of the council-board only once, and not leaving his country- seat for the city. He was not idle, however, as is shown by his con- stant letters to Lord Mansfield, the Earl of Shelburne, the Earl of Hali- fax, and Lord Grenville, defending himself and abusing his enemies. In his list of enemies he includes the members of the council who Avere on the joint committee of inquiry — John Watts, Eoger Morris, and William Smith, Jr. The assembly had finally relented, and or- dered the payment of his arrears of salary, but declined to reimburse 390 HISTORY OF NEW- YORK him for the vakie of his coach ; but he had long before this provided himself with a new post chariot from London. He was greatly pleased with it, and wi-ote there was not a " handsomer in this place." The legal limit of the sessions of the assembly (seven years) being reached, it was dissolved by the governor on February 6, 1768, and on the 10th writs were issued for a new election, returnable on March 22, 1768. The polls were opened on Monday, the 6th, and the election was disputed with unexampled ardor until Friday evening, the 10th, when 1929 votes had been cast. The representatives chosen, in the order of the votes received, were Philip Livingston, who led the list with 1320 votes, James De Lancey, Jacob Walton, and James Jauncey; John Morin Scott received the highest of the opposition votes, but failed of an election. The election was proclaimed, but the session deferred by prorogation. March 18, the third anniversary of the repeal of the stamp act, was again celebrated with zeal, the principal merchants on this occasion taking an active part. The friends of constitutional liberty and trade met at the tavern opposite the common, kept by Barden, and at Jones's, which are described as "nearly adjoining." Union flags were displayed. Among the toasts were "the spirited Assembly of Virginia in 1765; the spirited Assembly of Boston ; May the merchants and tradesmen of this city [New- York] ever be firmly united to pro- mote the true interest and prosperity of this Province"; and finally, "Unanimity .to the Sons of Liberty in America." The occasion seems to have been one of entire harmony. It would seem, indeed, that the merchants had taken fresh courage, for on April 8 twenty-four gentlemen engaged in foreign commerce met in the Long Eoom at the Queen's Head, or Fraunces' Tavern, on the corner of Broad and Dock (now Pearl) streets, then temporarily kept by Bolton and Sigell, and there formed themselves into a society which they styled the New -York Chamber of Commerce, electing as their ofiicers: John Crugei', president; Hugh Wallace, vice-president; Elias Desbrosses, treasurer. This was the first mercantile society formed in the colonies, and the modest beginning of the important institution which has since maintained its organization without break, and to-day has a membership of one thousand of our prin- cipal merchants, and the finest gallery of merchant portraits on the American continent. CHAPTER XI THE SECOND NON-IMPOETATION AGREEMENT, AND THE COMMITTEES OF OOREESPONDENCE AND OBSERVATION 1769-1775 'f^B^^l HERE still was a feeling of uneasiness at the threatening ^■^^ measures of the ministry, which needed little to stimulate ^■1^* it into expression or activity. This was brought about ^^M5.J| ]3y tiie action of the Boston merchants. On March 31, 1769, an anonymous advertisement in Holt's "New- York Journal" gave notice that a letter had been received from a committee of Bos- ton merchants to the merchants of New-York which would be sub- mitted to such as would gather that evening at Bolton and Sigell's (Fraunces') Tavern. A few gentlemen met as requested, but not in sufficient num- bers to warrant action, and a second ad- vertisement followed calling a meeting at the same place on the evening of April 7. Meanwhile a strong appeal, signed "A New-Yorker," urged an agreement to pre- vent the importation of European goods as before. This appeared on April 2, though sent to the journal for publication the week previous. It seems that at this second meeting a committee was appoint- ed to arrange a second " non-importation agreement." This was in the form of a " voluntary engagement to each other that they will not sell on their own account or on commission, nor buy or sell for any person whatsoever, any goods [save a few enumerated articles] which shall be shipped from Great Britain after the first day of October next, until the Act of Parliament im- posing duties on paper, glass, etc., be repealed; provided Boston and Philadelphia adopt similar resolutions by the first of June next." The committee of merchants who passed this agreement found hardly an importer who was not willing to subscribe. '^^^''^■^zetC- THE DUNMOBE SEAL. 392 HISTOEY OF NEW-YOBK From a communication to the journal of April 21, it seems that the merchants of Philadelphia were not in full accord as to the expediency of the plan. While the merchants still hesitated to put the retaliating scheme in operation, the answer of the Earl of Hills- borough, then lately appointed secretary of state for America, to the circular letter of the House of Representatives of the Massachusetts colony to the sister colonies, reached the city, dated at Whitehall, April 21. Its contents were known in Boston on June 24. It denounced the Massachusetts document as "of a most dangerous and factious tendency." With the text came rumors that the right of England to tax America was to be deter- mined by the presence of a fleet and army. Some excitement had already occurred in New- York by the assumption by General G-age, as commander-in- chief, of precedency over Sir Henry Moore, the chief civil authority, which was, however, instantly decided in favor of the governor by Hillsborough, who declared that " nothing could be more foreign to his Majesty's intentions than the introducing a military government into his provinces in America upon the ruins of the civil power." Nevertheless the crown returned to its former policy, and in June Hillsborough notified the lords of trade that all of Shelburne's re- forms in the business with the colonies were to be abrogated. The colonies looked upon Hillsborough's April circular as an attempt to suppress all interchange of sentiments between the col- onies, and to prevent their united prayers from reaching the king's ears, and they asserted the right of petition to the throne. Colony after colony appointed standing committees to petition the king and to correspond with Massachusetts and Virginia ; and assembly after assembly declined to rescind their resolutions as demanded by Hills borough, and were prorogued by the governors. The people were moved as one man in resolution never to surrender their inherent rights and privileges. The agreement of non-importation had been very generally signed in New- York. As September 1 approached, a meeting of the merchants and traders was called at Bolton and Sigell's for the evening of August 25, for a further consideration. The Sons of Liberty had already revived their organization in Bos- ton at a great public meeting held on August 15, the anniversary of the first opposition in that town to the stamp act. They gathered at the liberty tree with music and high ceremony, and it appears from the account of the proceedings that the merchants, with greater unanimity than even in the time of the stamp act, had already agreed to import no duty-goods, with a few exceptions, from January 1, 1769, to January 1, 1770, and called upon the merchants of the other prov- THE SECOND NON-IMPOKTATION AGEEEMENT 393 inces to act with as much patriotic disinterestedness. The merchants of New- York answered this summons at once, and engaged to coun- termand all orders that had gone out to Great Britain since the 16th of the month, and to seize and store all goods that might come in on consignment in contravention of their agreement. Nearly every merchant and trader in the city signed. The tradesmen signed on September 5. The shipping ports in New England quietly followed the example of Boston. Philadelphia was more deliberate. It was not till September 22 that her mer- chants were summoned to meet at the court-house. The tension of the situation increased daily. News reaching Boston that an armament was on its way to enforce submission, the selectmen of the town (the assembly being prorogued) notified all the towns of the colony to prepare (V' for the emergency. On the 28th the'"' squadron arrived from Halifax, with two regiments of regulars and artillery. On October 1 the men-of-war threat- ened the city from off the wharves, while the soldiers, about seven hun- dred in number, landed with their equipage and artillery, and marching through the city from the Long Wharf, encamped upon the common. That night they slept in Faneuil Hall, where were lodged the town arms of four hundred muskets. On October 3 the Boston people initiated their agreement to drink no more tea — one of the taxed articles. By the middle of October information came from Boston of the enforcement of the billeting act. Captain Montresor, who had returned from England as chief barrack-master of the ordnance for North America, having quartered the troops on several dwelling- houses as well as warehouses and sugar-houses. Grovernor Bernard having declined to summon the assembly, the province was under military rule. The troops, however, behaved with decency, and their parade on the common was without arms. On October 27, pursuant to a call from Governor Moore, the New- York assembly met at the City Hall. New- York city was represented by Philip Livingston, James De Lancey, Jacob Walton, and James Jauncey. Three of these gentlemen were merchants, and had been elected on a straight division as against the lawyers. Philip Living- ston was chosen speaker. There was nothing in the address of the as- sembly, nor in the brief reply of the governor, to attract any comment. Cy, ^^fj^;^/-^'^ 2 h C/^fiHc ■O^^^y^^'^'vd^.e^.^ t7^aa^^v^*/ttA^^c^£^^n^ ^^ *^/tvrv C'^'fri'^Tt^^. ■*z^ CJiM^9^:^l^^/^nir^ ^7A/»^i*^ MAP OF THE EAST RIVEE. (FROM THE ORIGINAL IN THE POSSESSION OP THE EDITOR.) THE SECOND NON-IMPOETATION AGREEMENT 399 were drunk at Barden's. Those at Van de Water's were of the same general character. On Tuesday, April 4, after sundry prorogations, the New- York as- sembly met in answer to the governor's summons, and organized the new session with the choice of John Cruger as their speaker. This, the twenty-fourth assembly, was the last of the colonial period, and is known in history as the Long Assembly. Its last sitting was on April 3, 1775, but its existence was maintained by adjournment till February 1, 1776. In his address the governor objected to the manner of appointment of an agent of the province in England, as against its interests. He then asked for a bill to supply the arrearage in the support of the troops and barracks. In their reply the assem- bly promised concurrence in any measure to make the office of Lon- don agent more effective. The response of the governor was even more brief. At the first meeting the assembly ordered that the peti- tions of the last session be spread upon the journal. They were a bold and clear assertion of the rights and privileges of the province as claimed and maintained from 1683, and a protest against the late acts of parliament as imposing taxes and raising revenue without their consent, and against the suspense of the legislative power until the quartering of the king's troops should be provided for. A few days later they addressed the governor, declining to change the mode of appointing agents to Great Britain, but pledging themselves to act in harmony with his views for his Majesty's service, to which the dip- lomatic governor replied with thanks for their good will, and without allusion to the subject in dispute. On April 15, on motion of Philip Livingston, they passed a vote of thanks "to the merchants of the City and Colony for their repeated disinterested, public-spirited and patriotic conduct in declining the importation or receiving of goods from Great Britain until such acts of Parliament as the general assembly had declared unconstitutional and subversive of the rights and liberties of this' Colony be repealed, and that Mr. Speaker signify the same to the merchants at their next monthly meeting." It appears by the records of the Chamber of Com- merce that on May 2 the president of that body, John Cruger, who was also the speaker of the assembly, delivered the vote of thanks to the merchants assembled. This was the first meeting of the chamber in their new quarters, the large room over the Eoyal Ex- change, which stood at the intersection of Broad and Dock (now Pearl) streets. Their previous meetings had been held in the Long Room of the Queen's Head (Fraunces') Tavern. After petitioning the gover- nor to assent to the issue of one hundred and twenty thousand pounds in bills of credit, and voting the usual supply bills, the house was prorogued on May 25. A curious instance of the earnest desire for 400 HISTORY OF NEW-YOKK home manufactures appears in a resolution of the Cordwainers' So- ciety of the city, on April 13, to eat no lamb in their families till August 1. The Sons of Liberty, on the same day, at the Province Arms, subscribed to a similar agreement, the object being to increase the supply of wool. On the other hand, word came from Boston of the harassing searches by the new customs officials of the incoming vessels for spirits and tobacco, and the libeling of the vessels in ad- miralty. From Philadelphia came the disquieting information that there were breaches of the non-importation agreement, aggravated by an attempt to introduce the obnoxious articles into the New- York province. On the other hand, on the arrival of a vessel from London at New- York, in May, the merchants held a meeting and ordered the storage of the goods without the opening of a package. The merchant who offended by receiving the goods from Philadelphia was compelled to return them, and made humble confession and engagement for the future in the public prints. During the summer the city was agitated by contradictory news from Great Britain, some of the letters pre- dicting an early repeal of the revenue acts, others warning the Amer- icans that there was no such purpose entertained by the ministry, and that the rumors were set on foot to influence the colonies to abandon their restrictions on trade. It was very certain, however, that the almost complete cessation of trade, now that the southern colonies had all come into the non-importation agreement, was caus- ing great distress in England, and as muqh among the friends as the enemies of America. On September 11 the city was in deep distress at the death in Fort Greorge of their respected — it may almost be said beloved — governor. Sir Henry Moore. From his arrival at the height of the stamp- act excitement, in 1765, he had borne himself with dignity, and had known how to maintain the prerogative of the crown and at the same time to conciliate the most determined asserters of American rights. The next day his remains were interred in the chancel of Trinity Church. The funeral services were conducted with striking solemnity. Sir Henry Moore died at three o'clock in the afternoon. Lieutenant- Governor Golden was at his country-seat. Spring Hill, near Flushing, Long Island (which he does not seem to have left during Sir Henry Moore's government). He came to town at once, and on September 13 took the usual oaths as lieutenant-governor and commander-in- chief. Watts wrote to General Monckton: "He fairly lives himself into office, being, they tell me, as hearty as when you knew him. . . . The old man seems to be the Son of fortune in his advanced years." On November 1, the anniversary of the day on which the people of New- York "determined not to surrender their rights to any power, however august," the Sons of Liberty met at Barden's Tavern, which had now THE SECOND NON-IMPOETATION AGEEEMENT 401 passed into the hands of Abraham De La Montanye, and celebrated the occasion with great rejoicing. Golden had already issued circu- lar letters summoning the assembly for November 21. In his address Golden announced that there was the greatest prob- abihty that the late duties which had caused such dissatisfaction would be taken off at the next session of parliament, and that the trade with the Indians would be left to the direction of the colonies. He called for the arrearage of the supplies to the troops. On the other hand, the Sons of Liberty had recommended that the example of South Garolina and Massachusetts of refusing all supplies for the king's troops should be followed in New- York. The assembly an- swered in a grateful manner, and harmony seemed about to be re- stored between Golden and the assembly. Not so with the peo- ple. On the 18th of December the mayor of the city, Whitehead Hicks,* delivered to John Cruger, the speaker of the house, a print- ed paper addressed to the "be- trayed inhabitants of the Gity and Colony of New-York," which in the sharpest terms reproved the assembly for voting the supplies to the king's troops, and, accus- ing them of betraying the com- mon cause of liberty, demanded that they follow the example of the Massachusetts and South Garolina assemblies. The address closed with a summons to the Fields the next Monday, where they would learn the wishes of their constituents. It was signed " A Son of Liberty." The next day the entire house, Golonel Schuyler alone voting in the nega- iThe Quaker family of Hicks first came to America in 1641, and settled on Long Island, where the village of Hioksville, in Queens County, stUl bears witness to their presence. There were three brothers — Thomas, John, and Robert. From the oldest of these Mayor White- head Hicks was descended. He was bom on Au- gust 24, 1728, studied law in the ofSce of WUliam Smith, Sr., and was admitted to practice in 1750, settling in New-York and marrying the daughter of John Brevoort, a prominent citizen. In the month of October, 1766, when Mr. Hicks was only thirty-eight years old, he received the appoint- ment to the mayoralty, which he held for the rather unusually long period of ten years. At the breaking out of the Revolution he felt that the Vol. II.— 26. position had become untenable for him. "Mr. Hicks, it is believed, was in favor of indepen- dence ; but being surrounded with difficulties, owing to the difference between his poUtieal sen- timents, and his relation to the government, which was still in the hands of the English, he re- signed in the early part of the year 1776, and was appointed Judge of the Supreme Court of this province." But as the war advanced, and es- pecially when the occupation of New-York by the British seemed permanent, he retired to his farm at Bayside, Long Island, where he died on Octo- ber 4, 1780, in the prime of life. Our portrait is copied from the original painting in the possession of his descendant, Buchanan Winthrop, Esq., of New-York. Editor. 402 HISTORY OF NEW-YOEK tive, resolved to consider whether it was or was not "an infamous and scandalous libel." It was so resolved to be, no one voting to the contrary, and the lieutenant-governor was requested to issue a procla- mation of a reward of one hundred pounds for the discovery of the author. A second paper, which described the action of the assembly as " base, inglorious conduct," was also produced, signed " Legion," which likewise invited the assembly to meet with the people at La Montanye's in the Fields. This, too, was pronounced " infamous and seditious," and the lieutenant-governor was invited to offer a reward of fifty pounds for the discovery of the author. The proclamation was duly issued and widely circulated. The meeting in the Fields on Monday, the 18th, at noon, was large, not less than fourteen hundred people attending. The vote of the assembly granting money for the troops was discussed and denounced, and a committee of eight was appointed to present the sentiments of the meeting to the city representation in the assembly. The commit- tee named were Jacobus Van Zandt, John Lamb, Isaac Sears, Samuel Broome, James Van Vaurk, Erasmus Williams, Caspar Wistar, Thomas Franklin, Jr., John Thurman, and Alexander McDougall. Thurman declined to serve, but the remainder of the committee presented the resolutions of the meeting. On the 25th the assembly replied by sum- moning to the bar of the house John Lamb, who had proposed the resolution at the meeting in the Fields, to answer for libel. Whereupon all the other members of the committee published a card assuming their share of the responsibility. Lamb attended in obedience to the summons, and, on his declaration that his action at the meeting was not based on the printed libels signed "A Son of Liberty" and " Legion," he was dismissed. Thus closed the eventful but indecisive and anxious year 1769. The bad feeling between the king's troops and the citizens had steadily increased. The upper barracks of the soldiers were in the common, and the presence of the liberty pole was a constant reminder to them of their discomfiture in 1765. On the night of January 13, 1770, a number of men belonging to the sixteenth regiment of foot, quartered in the city, made an attempt to cut down the pole by sawing off the spars and blowing it up. Their attempt failing, they drew their bayonets, and entering La Montanye's tavern opposite, broke the win- dows, seventy-six squares, and assailed the host himself in one of the passages of the tavern. Their officers appearing on the scene, they withdrew to their barracks. Still another cause of grievance was the employment of the soldiers by the inhabitants, which was held to be an injury to the poor of the city. A meeting was called at the liberty pole for January 17, when about two thousand persons assembled. Attempts had been made on the nights of the 14th, 15th, and 16th to THE SECOND NON-IMPORTATION AGEEEMENT 403 THE LUDLOW HOUSE. cut down tlie pole. On the 16th the soldiers succeeded in its entire destruction, not stopping until they sawed it into pieces and piled them up before La Montanye's door. The citizens were incensed, and resolved that any soldier found in the night having arms, or ont of barracks after roll-call, though un- armed, yet behaving in an insulting manner, should be treated as an enemy to the peace of the city. The next day, January 18, a scurril- ous placard was posted through the city, signed " The SiKteenth Regiment of Foot," impugning the character and motives of the Sons of Liberty, and defying the citizens. Three of the soldiers, caught posting one of these papers at the Fly Market, were seized by Isaac Sears, Walter Quackenbos, and some others, and carried before the mayor. A number of armed soldiers came up from the fort barracks, and, drawing their swords and bay- onets, demanded the release of their companions. The mayor appeared and ordered them to their quarters. They, after some hesitation, moved up the Fly, followed by the magistrate and a large body of citizens to the corner of Golden Hill (now John street), between Cliff street and Burling Slip. Here the soldiers turned, and, the order being given to draw, they attacked the citizens, some of whom de- fended themselves with clubs and canes. Several of the soldiers were disarmed, but not injured. Later in the day, after the action on Grolden HiU, stiU another party of soldiers appeared in the Fly, and another collision took place, which the magistrates, assisted by some of the officers, put a stop to. This affair has been claimed to be the "first conflict of the war of the American Eevolution." One of the citizens was killed, three wounded, and a large number injured. Many of the soldiers were badly beaten. The next day, January 20, the troubles were renewed, soldiers and sailors joining in an attack on the citizens at the head of Chapel street (now the lower end of West Broadway), and in the afternoon still another serious conflict took place on the common, when the soldiers were driven to their barracks. The patriots were again, as before, divided into two parties — or perhaps it may more properly be said classes — the "Sons of Liberty" and the "Friends of Liberty and Trade." As early as February 6 the Sons of Liberty issued an invitation to celebrate the repeal of the Stamp Act at La Montanye's tavern, but were met by a card from that host to the effect that his house had been engaged long before, and, as it 404 HISTOEY OF NEW-YOBK appears, to the Friends of Liberty and Trade. Disappointed in their purpose, the Sons of Liberty announced on the 15th the purchase of "the corner house on the Broadway, near Liberty Pole, lately kept by Edward Smith." This henceforth was the headquarters of the organization, and was known as Hampden Hall. Immediately after the destruction of the liberty pole (the fourth), a committee of five, representing a large body of citizens, waited on the mayor and cor- poration with a petition for leave to erect a pole "sacred to constitu- tional liberty on the site of the old pole"; but the request was refused, whereupon "a small slip of land eleven feet wide and one hundred feet long, an undivided right, near where the former pole stood, was found to be private property and immediately purchased for the purpose, and a large mast erected. It was about forty-six feet high, and was surmounted by a topmast twenty-two feet high on which was fixed a gilt vane with the word Liberty upon it." There was great rejoicing, and no disturbance on the part of the soldiers. After the dismissal of Lamb from the bar of the house, the author- ities arrested James Parker, the supposed printer of the libelous placard. He was examined by the lieutenant-governor and council at the fort, and on certain information obtained from him Alexander McDougall was arrested as the author of the paper. Taken before the chief justice, he refused to give bail, and was committed to prison in the new jail on the common. His case was somewhat similar to that of John Wilkes, whose imprisonment as the author of the famous article in the "North Briton" had aroused the attention of England and of all her dependencies. The number of the "North Briton" in which his paper appeared was forty-five. It had already become a watch- word in America. McDougall was hailed as the American Wilkes. Crowds gathered at the jail, and on being asked their names, announced themselves as the forty-five. Such was the enthusiasm that the pris- oner had to issue a public card giving the hours of three to six in the afternoon as those on which he would receive his friends. On March 19, the anniversary of the repeal of the Stamp Act was celebrated in accordance with the calls; at the new tavern of the Sons of Liberty Wilkes and McDougall were toasted, forty-five toasts were drunk, and after dinner the whole company marched in procession to the jail and saluted the martyr to the liberty of the press with forty- five cheers. This was the forty-fifth day of his confinement. A few nights after (Saturday, March 24), about eleven o'clock, a party of fifteen soldiers was discovered attempting to unship the top- mast and the vane from the liberty pole. Some youths, interfering, were driven from the green. The news spreading through the city, some fourteen or fifteen citizens appeared on the green, but were forced to retreat to the tavern of the Sons of Liberty; they were fol- THE SECOND NON-IMPOETATION AGBEEMENT 405 THE LORD NOETH MEDAL. lowed by a part of the soldiers, who attempted to force an entrance, but were successfully resisted by the keeper, Captain Bicker, with his bayonet, till the house was made fast. The ringing of the chapel bell precipitated the retreat of the soldiers, and Colonel Eobertson, their commanding officer, watched through the night at the barracks to prevent further mischief. A guard was now set about the pole and watch kept till May 3, when the sixteenth regiment sailed in trans- ports to Pensacola. They had sworn to carry off some part of the pole as a trophy, but their purpose was frustrated. On March 13 the Cham- ber of Commerce was granted a char- ter by Lieutenant- Governor Colden. The members of this body mainly sym- pathized with the views of the Friends of Liberty and Trade, who met at La Montanye's, but the name of Colden was not admissible as a toast at Hampden HaU. At the April term of the coui't, Mc- Dougall, who had been indicted by the grand jury for libel, was brought to the bar, pleaded not guilty, and was admitted to bail. While, under the vigilant eyes of the Sons of Liberty, the non-im- portation agreement was strictly enfoi'ced in New- York, rumors came in of its infringement by the neighboring colonies. A London letter of October 3, 1769, said : "For seven years past there had not arrived so many commodities of British fabric as in the present year." On March 5, 1770, Lord North stated in the House of Commons, in the de- bate on the petition of the merchants and traders of the city of Lon- don trading to North America: "New- York has kept strictly to its agreements, but the infractions of them by the people of Boston show that they will soon come to nothing." A distinguished American, in a letter from London on April 16, wrote that "had the non-importa- tion agreement been as virtuously observed throughout America as it had been in New- York, the whole of the revenue act would have been repealed this Session of Parliament"; and still another letter of April 14 confirms the view: "Happy would it have been had the other colonies imitated the firmness and integrity of New- York, who it does not appear have in any respect infringed their agreement." Lord North was right. New- York could not long endure the unequal sacrifice. On May 15 the Philadelphia committee announced their intention of relaxing the agreement, and considered that the taking off by parliament of the duties on paper, glass, and paints was a 406 HISTORY OF NEW-YOEK HELL GATE. (PROM AN OLD DUTCH PRINT.) favorable juncture to show a friendly spirit to the mother-country. On the 18th following, the Albany committee announced their in- tention to void their articles of non-importation entered into the preceding summer, except as to tea. New-York, whose cardinal policy had always been the security of American liberty by the union of the colonies in a general congress, now by the committee of correspondence addressed circular letters to the several cities of the colonies, inviting them to send six deputies to JSTorwalk, Connecticut, to meet the same number from New- York, Boston, Connecticut, Philadelphia, and such other places as chose to be represented ; the delegates to have power " to adopt one general system for the benefit of the whole." New- York had seen the folly of agreements without the existence of some power to enforce them alike upon all. Here was the germ of the American Union and our present govern- ment. The congress was called for June 18. The proposal was read in Boston on June 7, and again debated on the 9th, when they unani- mously resolved to adhere to the non-importation agreement and to decline sending delegates to the proposed congress. The merchants of Providence followed the action of Boston; those of Philadelphia preferred the old plan of committees of correspondence; those of Essex, New Jersey, regretted that the proposal had been made be- cause of the non-importation resolutions. Failing in this effort, and soured by the defection from the reso- lutions, especially at Boston, a number of merchants, on June 11, waited on the New- York committee and desired that the sense of the city should be taken by subscription as to whether " the agreement should continue to apply to all articles, or only to tea and other goods subject to duty." The subscription was taken, when a great majority (3000 to 1154) appeared for the proposed alteration, pending the response of Boston and Philadelphia, when in case of non-agree- ment the sense of the city was to be again taken. On July 5 answers were received from these cities refusing to amend the agreement. The committee of inspection in New- York at this time was com- posed of Isaac Low, Thomas William Moore, Henry Remsen, Jr., John Harris Cruger, John Thurman, Jr., Thomas Walton, Peter T. Curtenius, Hubert Van Wagenen, Joseph Bull, Edward Laight, Charles McEvers, James Desbrosses, Jr., John Alsop, John Broome, THE SECOND NON-IMPOBTATION AGEEEMENT 407 William Neilson, Theodorus Van Wyck, Walter Franklin, John Mur- ray, Jacob Walton, Theophylaet Baehe, Thomas Franklin, Jr., Samuel Verplanck, Isaac Sears, and Peter Van der Voort. Sears and Van der Voort, dissatisfied with the decision of the committee, resigned their positions on June 14, and on the 20th proposed a declaration of adherence to the original agreement. Sears was the recognized rep- resentative of the New England interest in the city. On July 9 the answers of Boston and Philadelphia were made public and the sense of the city again taken, when it was resolved to adhere to their resolution of June 11. Mes- sengers were at once sent to Boston and Phil- adelphia, that the merchants of those cities might avail themselves of the London packet to sail from New-York on July 14, or that for Liverpool of the same date. Nothing could be more fair. Thus New- York withdrew from the second non-importation agree- ment. Philadelphia and Boston passed indignant resolutions charg- ing New- York with "a desertion and betrayal of the common cause." To all this outcry New- York turned a deaf ear. To Boston her com- mittee replied that "instead of entering into a number of ostentatious resolutions to religiously observe their agreements those gentlemen would have been more commendably employed had they taken effec- tual measures to carry those resolutions into execution, and that it would have been better for them if they had acted up to the prin- ciples they had pretended to avow, and if instead of resolving what to do they had done what they resolved." Philadelphia followed the example of New- York, and resolved on September 24 to renew impor- tations except on dutiable goods. Boston still held out, but at last, on October 11, came into the general resolution to resume importation of everything except tea. So ended the second non-importation agreement, except as to tea. History has vindicated the conduct of New- York and the correctness of the judgment of Lord North. Mr. Bancroft, in his third volume, says: "Canada, Carolina, and Georgia, and even Maryland and Virginia, had increased their importations, and New England and Pennsylvania had imported nearly one half as much as usual. New- York alone had been perfectly true to its en- gagements; and its imports had fallen off more than five parts in six. It was impatient of a system of renunciation which was so unequally kept ; and the belief was common that if the others had adhered to it as strictly all the grievances would have been redressed." ^ Yet in the failure of this commercial scheme the colonies learned the lesson of union, and the experience of 1770 prepared the way for a general acquiescence in the assumption of power by the Continental Congress, by which alone American independence was finally achieved. 1 " History of the United States," 3 : 386 (ed. 1883). 408 HISTORY OF NEW-YORK It was during this exciting period that the memorial statues ordered by the assembly were received from London. The equestrian statue of Q-eorge III. was set up with great ceremony in the Bowling Green, opposite Fort George, on August 16, the anniversary of the birthday of Frederick, the Prince of Wales, This statue was of lead richly gilt. It was thrown down and broken to pieces on July 9, 1776, by the citizens and American troops on the proclamation of independence. On September 7, 1770, the statue of Pitt was set up on the pedestal prepared for it in Wall street, at the junction of that street and Smith (now William) street. This was mutilated, the head being removed by the British troops during the occupation of the city. Both were con- sidered fine works of art, and were executed, as has been stated, by the noted sculptor Joseph Wilton of London. While these ceremonies were carried on, the arrival of John Murray, Earl of Dunmore, who had been appointed governor of the New- York province on the death of Sir Henry Moore, was daily expected. He reached the city in his Majesty's ship Tweed on October 18, and was greeted with an expression of general joy. Dinners and balls were given, and the city was illuminated. Even the "gentlemen of Hampden Hall," as the Sons of Liberty were now styled, joined in the festivities, and celebrated the event with a great bonfire on the com- mon, attended by the largest concourse of citizens ever gathered in the city.^ Thus closes another episode in the long official life of Lieutenant-Governor Golden. The aged functionary again drops the reins of government, but still maintains his correspondence with the home authorities, adhering to the last, with true Scotch tenacity, to autocratic rule and the king's prerogative. The Earl of Dunmore, on October 24, 1770, advised the Earl of Hillsborough, secretary of state for American affairs, of his arrival. He said that he had the greatest reason to be pleased with the recep- tion he had met with, and from the good humor that now appears he conceived hopes of an easy and peaceful administration. Only a few days before his arrival, Lieutenant-Governor Golden, who was never easily satisfied, had written to the same dignitary " that now all kinds of rioting is greatly discouraged " ; and that he hoped to deliver up the administration not only in tranquillity, but with a prevailing disposi- tion in the people to support the government. Colden's next letter, of November 10, was more characteristic. The king had authorized Dunmore to take a " moiety of the perquisites and emoluments of the government of New- York from the date of his Commission to the time 1 The earl landed at the Whitehall about three of Sir William Draper, Rnight of the Bath, to in the afternoon. He was accompanied by Sir Miss Susanna, daughter of Oliver De Lancey, WUliam Draper, Lord Drummond, the commander Esq., on October 13. The presumption is that of the Tweed, and Captain Foy, his lordship's Sir WiUiam met the earl at the Hook or the secretary. Holt's journal announced the marriage Whitehall ferry stairs. THE SECOND NON-IMPORTATION AGEEEMENT 409 THE RtJTHERPOKD AND AXTELL HOUSES. of Ms arrival." Such a demand had not been made in fifty yeai-s. Grovernor Monekton had made no such claim, nor yet Sir Henry Moore. The old gentleman was quite prolix in his protest and his dissatisfaction that he had not been " suffered to continue to admin- ister the affairs of the province after his long and often dangerous service." In reply to Colden's refusal to "stand and deliver" the moiety already received by him, Lord Dun- more ordered the attorney-general to file a bill in chancery, in the king's name, for the recovery; the earl, in his communication with the home gov- ernment, taking the position that if Col- den be allowed to retain any part of the money, it should be as a reward from his Majesty. Dunmore, according to Golden, acted by the advice of William Smith, the younger, in bring- ing the suit in equity, the governor himself being the sole judge in the chancery court. The case was heard in Dunmore's own house, in Jan- uary. The attorney-general and Mr. Smith supported the bill ; James Duane appeared for Golden with a demurrer. Arguments were closed in March, and a day set by Dunmore for the rendering of a decree. Before the day set arrived the governor called in the four judges of the Supreme Gourt and asked their opinion.^ The learned judges sus- tained the demurrer in a written opinion. Dunmore was persistent, and Golden himself was not satisfied. Golden sent the arguments in the case to Dr. William Samuel Johnson of Connecticut, who was then in London, for representation to the ministry, and in the transmittal designated the governor as " a capricious ignorant Lord." Dunmore declared his intention of doing the same thing ; neither party was in favor of the Earl of Hillsborough's proposal of a compromise. After Dunmore's transfer to Virginia in the autumn, the matter seems to have been dropped, Colden judiciously stopping all further action in the matter of petition or otherwise in London, preferring to let the subject sleep rather than awaken the ire of Dunmore's friends in the ministry. In any other case he would, without any doubt, have fought for the very last shilling. There was assuredly no exaggeration in the accounts of the gov- ernor and lieutenant-governor of the harmony which prevailed in the 1 Horsmanden, though very mflrm,was still chief justice. The three associate or puisne judges were: David Jones, Robert R. Livingston, and George Duncan Ludlow. Livingston and Ludlow were very particular in their opinions, which de- clared salaries to he recompense for labor per- formed, and not bounties by the king, and fixed hy law ; and that the king can do nothing contrary to law. This was the true American doctrine. John Taber Kempe was at this time attorney- general for the province. 410 HISTORY OF NEW-YOKK city. Even the gentlemen of Hampden Hall (the Sons of Liberty), at a dinner given on his arrival, toasted the earl with the sentiment, "a total abolition of all party-spirit by the just and equal adminis- tration of the Earl of Dunmore." The same night the gentlemen of the town dined at Bolton's/ The various religious persuasions, with- out exception, made haste to welcome the new ruler. On the same day (October 25) addresses were presented by the rector and inhabi- tants of the city of New- York in communion with the Church of Eng- land; the ministers, elders, and deacons of the United Presbyterian churches in the city of New-York in communion with the Church of Scotland; the ministers, elders, and deacons of the Eeformed Pro- testant Dutch Church; and the ministers and churchwardens and vestrymen of the ancient Lutheran Church. In the daily increasing divergence between those of the Church of England faith and the dis- senting element, there was as yet no difference in the extent of their loyalty to the king as chief of the state. The chamber of commerce in a body, the president, Hugh Wallace, at their head, waited on the new governor with a loyal address of congratulation. That on the withdrawal of Colden to his country-seat, as was his wont on the arrival of each new governor, he was bidden farewell by all respectable branches of the community, there is his own direct testimony. To his administration, after Sir Henry Moore's death, he ascribed the rescinding of the non-importation agreement, and he wrote Hillsborough in December, 1770, that "after Lord Dunmore's arrival the principal and most respected merchants, to the number of fifty-six, when they knew that I intended to retire to the country, came in a body and thanked me for my administration. By the in- fluence of these merchants the resolution to import from Great Britain was carried. The Ministers, Church Wardens, Vestry, and other prin- cipal members of the Church of England in the city did the like; and since 1 left the town 1 have been informed that other distinguished bodies designed to have made me the like compliments had I not left the place sooner than was expected."^ There is no doubt that Col- den's abilities were held in high esteem, and that he had the respect of the community as well as their veneration for his age and long ser- vice in high station ; but there is no justification for his complacent assertion that his influence was of any avail in the resolution to rescind the non-importation agreement. The lieutenant-governor was not given to underrating himself. 1 Bolton had dissolved his partnership with Si- full-length portrait of him for their new hall of gell in May preceding, leaving the Queen's Head the chamber of commerce in the Royal Exchange, to Sam Fraunces, who at once refitted it. He (Bol- painted by Matthew Pratt, a piipil of Benjamin ton) had succeeded George Burns in the Province West, at a cost of £37. This specimen of oolo- (or City) Arms on the Broadway. nial art adorns the hall of the chamber at the 2 The merchants, grateful for Colden's gift of present time, after many vicissitudes, but in per- il, royal charter in the spring of 1770, ordered a feet preservation. THE SCEPTER AND SEAL OF GEORGE III. THE SECOND NON-IMPOETATION AGREEMENT 411 Dunmore on his arrival found the assembly prorogued to November 7, and by advice of the council further prorogued it to December 11. In his address opening the session he congratulated himself on his appointment to the command of the province "whose example has been the happy means of renewing that mutual intercourse between the Mother Country and her colonies which is so much the interest of both to preserve uninterrupted." He added : "This salutary reconcil- iation effected by the people of this province cannot fail of endearing them in a particular manner to our most gracious Sovereign." The principal business to which he invited their attention was the very probable de- claration of war by Great Britain against Spain, whose sub j ects had forcibly dispos- sessed the Englishmen of their settlement at Fort Egmont in the Falk- land Islands, and the consideration of what was required for the pro- tection of New- York against a sudden attack. The assembly replied with a dutiful address by their speaker, John Cruger, engaging them- selves to early measures for the protection desired. Lord Dunmore reported the city to be in a most defenseless state ; the works which from time to time had been erected for its protection "as so injudiciously constructed that were they still in good repair they would afford but little security to the place ; and though there is a considerable number of cannon in a disorderly manner laying on these works, no care having been taken of them, many of them must be unfit for service, and their carriages are all entirely useless." He had already consulted with the council, but it had been decided that the frosts had been too severe for any labor on the earthworks, and it was held that the same extreme weather would prevent any approach of the enemy. In December, the Earl of Hillsborough notified all the governors in America of the orders of parliament to increase the army by an additional light company to every battalion, and of twenty men to every company, on the British establishment, and urged the utmost energy and despatch in the recruitment. Before these instruc- tions arrived, however, New-York was, as usual when a war was in prospect, in a military fever. In January, 1771, a body of German Protestants, animated, no doubt, by hatred of the pope as well as by zeal for the reformed religion, tendered their services as soldiers. On February 28 the December packet brought out the king's repeal of four acts passed by the New- York assembly in 1767, 1768, and 1769. Dunmore wrote home that he had published the disallowance, but 412 HI8T0BY OF NEW-YOEK that the " whole Province except the lawyers express great dissatisfac- tion." These acts were : 1st, that of December, 1767, declaring that the several acts of parliament passed since the establishment of the New- York legislature extended to this colony. It will be remembered that the claim of the British ministry was that parliament had the right to rule the colonies by exceptional laws. y^H^.^""^ The immediate offense was in the billeting act, which was not applied to other parts of the empire. 2d, that ^ of December, 1768, empowering the city authorities to try causes under ten pounds value ; and 3d, for preventing suits being brought in the Supreme Court GUINEA OF ^ ^^^ sums under fifty pounds. This was satisfactory to the lawyers, but the people preferred the practice to which they were accustomed, and especially with regard to petty ac- tions. The 4th act disallowed by the king was of a different nature. The act of May, 1699, regulating elections of representatives in gen- eral assembly, expressly declared that " they which shall be chosen shall be dwelling and resident within the cities, counties and manors " which they were to represent. At the election of February, 1769, Philip Livingston was returned for the manor of Livingston. He had been the speaker of the last assembly, and as such had signed the bold declarations and petitions to the king and parliament for which that assembly was dissolved by Grovernor Moore. He had taken his seat, and was the only representative of this powerful and popular family. In April he was dismissed by the assembly as a non-resident of the manor, notwithstanding the remonstrance and petitions of the free- holders of the manor. On the motion of Livingston, while yet al- lowed his seat, a bill had been introduced to vacate the seat of every present or future member of the assembly who should accept of any post or place of honor, profit, or trust, after his jDeing elected to serve in general assembly. When the bill came up it was radically changed, and it was unanimously resolved (May 17, 1769) that " whereas it is not constitutional in England for the judges of either England or Scotland to sit or vote in the House of Commons, therefore that no judge of the Supreme Court shall for the future have a seat or vote as a member of the house." A motion of Colonel Schuyler, that " no mem- ber, present or future, holding any such post of profit or honour shall have a seat," was postponed. The objection of the assembly was the power of the judges, through use or abuse of their official position on the bench, to secure their election and continuance in their seats : an- other instance of the deep-rooted idea of the separation of government 1 The above is copied from a golden guinea vailed at that time. Almost a century later it issued in 1771, and in that year presented by an was again used for the same purpose by his de- ancestor of the Editor on the occasion of his en- scendant, the Editor of this work, gagement, in accordance with a custom which pre- THE SECOND NON-IMPOETATION AGREEMENT 413 into three distinct fundamental parts, the executive, the legislative, and the judiciary. During this session the assembly declined to vote the arrearages for the supply of the troops, but granted one thousand pounds for the gen- eral repairs to the fort and the battery, pending further news as to hostilities with Spain. The house, however, granted two thousand pounds for the troops quartered for the year, and as usual voted an allowance to the governor for his yearly salary of two thousand pounds. But on hearing of this proceeding. Lord Dunmore sent in a message to the effect that, the king having appointed him a salary out of his treasury, he was not at liberty to receive it from the assembly. The action of the assembly does not appear to have greatly disturbed the Earl of Hills- borough, except as to the arrearages, though by the time the acts reached him the war scare was over. On February 16, the assembly, having com- pleted necessary legislation, were anxious for a recess, but Dunmore, uncertain as to the war issue, preferred their ad- journment. They met again on February 25, and finally, on March 4, were prorogued, first to March 11, and again to August 7, before which time a change took place in the government of the province. The Decem- ber packet, which had brought over the general instructions to the governors, also brought to the Earl of Dunmore the pleasing intel- ligence that he had been promoted by the king to the government of Virginia, to fill the post vacant by the recent death of Lord Botetourt. He looked upon it as a signal mark of favor. Dunmore was invited to dine with the chamber of commerce, and it is presumable that the feast was held, as all the dignitaries of the province were included in the invitation. The sixth regiment of infantry was on duty, and its officers. Colonel John Scott (with the rank of major-general), Lieuten- ant-Colonel D. Templer, and Major Charles Preston, were also present. In May, 1769, the council concurring, an act to explain and amend the act of 1699 (2 William III.) regulating elections was passed. The governor signed this bill the next day. The text of this act does not 1 This was formerly the De Peyster house, standing in Queen (now Pearl) street, opposite Cedar street. For illustration of the house in its original condition, see page 37 of this volume. GOVEBNOE CLINTON'S RESIDENCE.! 414 HISTOEY OF NEW-YOBK appear in any of the bound volumes of New- York laws. It was an- nulled by the king, December 9, 1770. Its purpose was presumably to carry out the resolution of the assembly excluding judges of the Supreme Court from their body. In December, 1769, Eobert R. Liv- ingston presented an indenture showing his election as a representa- tive of the manor of Livingston, returned the 8th of the same month, but he was refused admission under the provisions of the act of May, because he was at the time judge of the Supreme Court. In January, 1771, Judge Livingston again ap- peared and demanded a seat, but the house by a large ma- jority declined to admit, him. The house was jealous of its authority. In January, 1770, it passed a bill that all elec- tions of representatives should be by ballot only. This also had been repealed by the king on June 6, and proclamation made by Colden in August of the same year. There was one important in- cident of personal and, in a manner, of political interest in the proceedings of this as- sembly. On December, 13, 1770, McDougall, who was out on bail from his imprisonment for the alleged libel of December, 1769, was sum- moned to the bar of the house. Attending, and being asked as to whether he was the author of the paper, he declined to answer, — first, because the assembly had declared it a libel ; and secondly, because he was at the time under prosecution by the Supreme Court. He was de- clared in contempt, and, refusing to ask " pardon of the House for the said contempt," was ordered into custody of the sergeant-at-arms to be lodged in the common jail. In January, 1770, the house was in- formed by the high sheriff that he had been served with a writ of habeas corpus for the person of McDougall, issued by the Supreme Court ; whereupon the house ordered notice to be given to the judges that he was committed on the authority of the house. Some question of authority arising, the house ordered search of the journals of the Commons for precedents in similar cases. An elaborate historical search was made from the year 1604, and may be found on the jour- THE BOSTON MASSACRE. (FROM AN OLD PRINT.) THE SECOND NON-IMPOETATION AGEEEMENT 415 nals. No further record appears of action in the McDougall case, and the house soon adjourned. McDougall from the new jail on December 22, 1770, delivered an elaborate vindication of his action, which ap- peared in Holt's journal of January 24 and January 31, 1771. He was still in jail when the assembly was adjourned. It was not until April 17 that, after nearly a year's imprisonment, on demand of John Morin Scott, his counsel, Captain McDougall was discharged on his recog- nizance and was released from prison. The assembly was censured by the press, but in veiled terms. The king's speech on the opening of parliament reached New- York on January 17. He expressed satis- faction with the general departure in the colonies from "combina- tions which were calculated to distress the commerce of this king- dom," but also his discontent with the unwarrantable practices and lawless violence in the Massachusetts Bay. The same packet brought news of the death of George Grrenville of his Majesty's privy council, author of the objectionable legislation of the British parliament as to the colonial rule. While the people at large and the Sons of Liberty were in full sym- pathy with McDougall in his confinement, they were reconciled to the assembly somewhat by their action in refusing the arrearages for the barracks. The Sons of Liberty, or rather such of the old organization as stiU gathered about Hampden Hall, as early as February 21, 1771, issued a notice to all the Friends of Liberty, " that ample provision would be made for the celebration of the 18th of March, the anniver- sary of the Eepeal of the Stamp Act, with proper festivity and decency." The day passed without excitement. At the Hampden Hall dinner the usual toasts were drunk, including one to " the Liberty of the Press," which McDougall was held to represent ; and another more directly pertinent to his case before the assembly: "No answer to interrogatories when tending to accuse the person interrogated." Parker's " Post Boy " gave notice of a similar entertainment at De La Montanye's, where the more conservative class met the year before ; but there is no record of its having been given. It probably was not. St. George's Day, April 23, was also celebrated with unusual cere- mony. One hundred and twenty gentlemen sat down at the Province Arms, and as guests of honor the Earl of Dunmore, General Gage, and all the other dignitaries, civil, military, and naval. On May 27 the earl attended the commencement of King's College at Trinity Church. The Latin oration was by Clement Cooke Clarke, on "Moderation." Gouverneur Morris discoursed in English on "Love." The king's birthday, June 4, was also observed " with the usual demonstrations of Joy, with toasts and discharges of artillery at the fort, on board his Majesty's ships in the harbour, the Deal Castle, Captain Jacobs, the armed Schooner St. John, Captain Murray, and other vessels in the 416 HISTOEY OF NEW-YOEK harbour." The tweBty-sixth regiment and the train of artillery ap- peared under arms "without the city," where they fired salutes. There was a difference in the amount of military force displayed, and in the manner of its display, from that of past years. On Monday, July 8, William Tryon, the newly appointed governor of the province, arrived in the sloop Sukey in five days from Newbern, North Carolina, with his wife and daughter. He was visited on the sloop by the Earl of Dunmore, and, accompanied by him, landed at the Whitehall stairs under salute from the battery, being there received by the council and the gentlemen of the city, and escorted to the fort. The next day his commission was published with the usual ceremonies and entertainments, and the city was in the evening illuminated. Addresses were delivered by the several bodies corporate, but the assembly was already some months prorogued. The journals were filled with these addresses and Tryon's replies. On September 8, according to Parker's "Post Boy," the Earl of Dunmore, "our late worthy Governor," set out from New- York for his government of Virginia. He had returned to the city from a visit to Albany a few days previously. He took barge for the Jersey shore at the Whitehall ferry, amid the firing of salutes from the Battery guns. He reached Philadelphia on the 12th, and, leaving that city on the 15th, arrived at Williamsburg, the seat of the government of Virginia, on the 26th. His delay at New-York after receiving his appointment had some- what chafed the proud Virginians, and he frankly owned in one of his addresses that he had conceived a sincere affection for the people of New- York and really desired to remain at that post. The stay of Dunmore in New- York was so short and his rule so uneventful in one of the quiet intervals of this stormy period that it is not easy to form any opinion of the impression he left behind him at this time. Golden condemned him as " capricious." Burk, in his history of Virginia, says of him that " though harsh and unpre- possessing in his manners his Lordship had decided talents and an ability for diplomacy upon which the English Court placed some reliance." Elsewhere he speaks of " his haughty spirit," and Wirt, in his " Patrick Henry," describes him as " coarse in his person, rude in his manners and unscrupulous in his morals; he wanted the courtesy, the refinement, the sensitive love of justice possessed by his prede- cessor (Lord Botetourt) in so eminent a degree." He evidently re- gretted New- York, and did not win a welcome from the Virginians. If it be permitted to form an independent judgment at this day from his acts and his letters to the home government, he must be held as a wise and prudent official. He seems to have recognized the free, fearless spirit of the New- York province and to have tempered his authority with moderation and kindness. Tryon, in one of his ad- THE SECOND NON-IMPORTATION AGREEMENT 417 dresses, expresses his hope to approach the truly honorable principles of his predecessor. Better for Dunmore's historic fame had he con- tinued that moderation in his new command. Lieutenant-General William Tryon received a commission as captain of the first regiment of foot-guards in 1751, and in 1758 became captain and lieutenant-colonel in the guards. He had influence at court, and was in 1764 made lieutenant-governor of North Carolina, and on the death of Governor Dobbs, in 1765, was gazetted governor of that province. From a letter of Dunmore to the Earl of Hillsborough, written July 9, the day after Tryon's arrival in New- York, it appears that Hillsborough had intimated an exchange of the two govern- ments, but that Tryon was at first unwilling, though he afterward acquiesced in the ex- change, and, as has been seen, at once as- sumed the reins of gov- ernment. The hesita- tion must have been on some details, as to in- structions perhaps, as Tryon, in his letter to Hillsborough of the same date, states that he arrived inNew-York "in pursuance of his Majesty's commands." In a postscript he men- tions meeting, in New- York, Mr. Martin, who had been appointed to the North Carolina government. Tryon ar- rived with a prestige for vigor and conduct, having in person led his forces in the summary suppression of the formidable insurrection of the "regulators," as they styled themselves, in North Carolina in the month of June preceding. Still opinions were divided, some reports stating that he had " broken up peaceful settlements to their ruin and depopulated a large part of the province," while others held, as was pubhshed in the New- York province, that " Colonel Tryon had done more for the support of Government in North America than all the Governors in it"; and further, that had not " that most dangerous and daring rebellion that has happened in this age been quelled by him, a Vol. II.— 27. ST. PAUL'S CHURCH. 418 HISTOBY OF NEW-YORK universal revolt would have succeeded in all the colonies." The year closed without any matter of public interest except the news that Dunmore had dissolved the Virginia assembly and that there was no talk of a further meeting. He had issued the proclamation of the king forbidding the committee of that assembly to meet with those of any other governments. On January 7, 1772, the New- York assembly met after sundry prorogations from March 4, 1771. In his speech opening the session, Gov- ernor Tryon ascribed his appointment to the king's leave, in consequence of his own health and that of his family impaired by a southern y/y/l ///TyJ^^ climate. He alluded to the revolt, the suppres- f^ sion of which had delayed his immediate repair to his new seat of government. Being without any special commands from the king, he confined his requests to the framing of a proper militia bill and a thorough repair of the fortifi- cations of the city, defaced by storms and time, and the supplies and support bills. In their address in reply, the house express their satisfaction with his appointment, and their feeling for Dunmore, "who justly merited our affection and applause." There was no more to be said. One of its earliest acts was to define the residence of a representative, as far as eligibility was concerned, to be six months before the writ of summons. In February Judge Livingston again appeared and demanded to sit for the manor, and was again refused. The supplies to the troops were granted without dispute, and one thousand pounds besides to make good a deficiency in the grant of January, 1770, which occurred because of the failure of the loan-office act. The assembly voted the governor the usual salary of two thou- sand pounds, but were at once notified by him, by special message inclosing a copy of the king's instructions, that he was forbidden to consent to any law granting either to himself, the commander-in-chief, or the president of the council, any gift or present whatever. This was in accordance with the precedent in Dunmore's case. The policy of the home government had changed, but that of the province was as inflexible as their own : the policy of independence and the control of the purse in the old Whig fashion. In his opening message the governor recommended to their consideration the claims of the society recently established, that of the New- York Hospital. The session passed off smoothly, without friction between the legislative and 1 "lam sorry to say, "writes AdmiralSir George without success. I greatly regret it, for I am Tryon from Malta, " that I know of no existing proud to think that I had an ancestor in America, miniature or portrait of my ancestor William in the early part of its history, who was of some Tryon, who was Governor of New-York. On a use in his day, and who was respected hy both previous occasion I endeavored to find one, but sides, as I believe he was." Editor. THE SECOND NON-IMPOETATION AGBEEMENT 419 executive, and the assembly was finally prorogued on March 24 till May 4, and did not meet again until 1773. The repeal of the stamp act was again celebrated in March, 1772, with an entertainment at De La Montanye's tavern, which, it will be remembered, was now the rendezvous of the more conservative class. Their toasts indicate the moderation of their sentiments. Two are significant: "Loyalty, Unanimity, and Perseverance to the true Sons of Liberty in America." "May the authors of Discord and promoters 1 Do Iiereby certify, that M^- /^^ ^^ i^^l^ tf of Southamptoa Townfhip, has voluntarily Twore before me, to bear Faith and true Allegiance to his Majefty King George the Third ; and that he will not, direftly or indireftly, openly or fecretly, aid, abet, counfel, ihelter or conceal, any of his Majefty's Enemies, and thofe of his Go- vernment, or moleft or betray the Friends of Government ; but that he vrill behave himfelf peaceably • and quietly, as a faithful Subjeft of his Majefty and his GoYcrnment, Given under my Hand on Long-Illand, t'^'" iO <2?^-^€^, — 7r»778. THE TRYON CBETIPICATE. of intestine feuds meet with their just demerits." No doubt the gen- tlemen of Hampden Hall met in festivity, but Holt makes no mention of it. "While there seems to have been a general feehng of gratitude for the services which Pitt had. rendered to the colonial cause, it does not seem to have been universal. In 1772 occurred the first "deface- ment of the Statue." Holt mentions it in a characteristic news item:' A truth, on a late exploit. Oh tempera ! Oh mores ! Here Black Guards in safety exhibit such wit As scandal abuse or demolishing Pitt. See his Statue. The soldiery appear to have behaved themselves with such propriety as to merit comment. Noticing the departure of the last four com- panies of the twenty-sixth regiment for Albany, on their way to the Montreal station, the patriot journal says : " To do justice to the offi- cers and private men of this regiment we can affirm that during their residence in this city they have behaved with such order and decorum as gave universal satisfaction to the inhabitants." They were relieved by a detachment of the twenty-first regiment, or the Eoyal North British Fusileers, commanded by Major Southerland. The first divi- sion of this regiment left the city for Quebec on June 5, and three companies of the sixtieth regiment, or Eoyal Americans, arriving from 1 Holt's " New-York Jotmial," May 21, 1772. 420 HISTOEY OF NEW-YOEK Quebec, took their place in tlie New- York garrison. The last of the twenty-first was moved to Quebec at the close of the month, and two companies of the royal artillery were marched to Hempstead Plains for a summer encampment. In the spring the Irish portion of the population, which was of considerable importance, especially in the walks of trade, were interested by the melancholy accounts of the con- dition of the northern counties of that island, which were represented to be in the greatest confusion ; and early in June by news of a bloody collision in which the king's troops were defeated ; of which a regiment destined for America was a part. All England was reported in the greatest distress.-^ In November the second battalion of the sixtieth or royal American regiment, under the command of Major George Etherington, embarked for Antigua, leav- ing behind them, wherever stationed, " an extraordinary good character." In the same month there was a brilliant review of the two companies of his Excellency the governor's guards, commanded by the lieutenant-colonel, John Harris Cruger,^ and Major "William Walton, in the Fields. The town was delighted with their handsome uniform, their good discipline and drill, and their gallant appearance. In the evening they supped at the Province Arms, then under Hull's management. Tryon had just ordered the publication of a new system of military discipline, " Manual exercises, prepared by Colonel Gruy Johnson, Adjutant-Greneral for the northern district." In response to Tryon's opening message, the assembly, on March 24, 1772, had passed an act establishing a militia. Nine companies were raised, amounting to seven hundred men, of which three were artillery. They were clothed, armed, and accoutred at the expense of their officers, who were gentlemen of the first families and distinction. In December there was another general review, in the Fields, of seven indepen- dent companies of the militia, formed into a battalion in the fol- lowing order: The grenadiers, two companies of the governor's guards, the rangers, the G-ermans, one of the companies of the artil- lery, and the light infantry. The review was witnessed by " a splen- 1 The king's birtMay was celebrated with the usual formality and with a display of curious fire- works in the evening before the fort gate — a de- parture from the ordinary bonfire and window illumination ; but there is no notice of any excep- tional demonstrations of loyalty on the part of the people in general. 2 Cruger was later celebrated for his successful defense of "Post Ninety-Six" in the Carolinas against the attack of the patriot General Greene. THE SECOND NON-IMPOBTATION AGREEMENT 421 did Assembly of the principal Ladies and Gentlemen." After the review the officers were entertained by the governor. Tryon wrote to Lord Dartmouth that " it was the most brilliant militia review that ever was had within his Majesty's American dominions." Dart- mouth did not oppose this measure, which he held to be a " very con- stitutional establishment," but he did not encourage it. Perhaps he foresaw the danger of encouraging a military spirit in the colonies, now that the French were out of possession and the Indians at peace. He thought that the useful arts ought to be cultivated in times of " so great public tranquillity." Tryon felt the coldness of the response. In June following he sent to Dartmouth an abstract of the state of the militia in the province, by which it appears there were twenty-six regi- ments, and eleven troops of light horse, of which one regiment and one troop were in New- York County. Oliver De Lancey, who had made himself so obnoxious to Governor Clinton after the latter's quarrel with his brother James, was colonel-in-chief of the southern district. Governor Tryon seems to have had little trouble in the government of the province in the long recess of the assembly. Yet he felt him- self called upon to excuse to the home government his course in not interfering in behalf of Judge Livingston's right to sit in the house, on the plea that he could not have publicly interfered without dissolv- ing the assembly in case of non-compliance, of which he was privately assured, the majority being determined on his exclusion. He had warned the speaker of the consequences which might ensue under in- structions from the king in his sovereign displeasure, but received no encouragement from him. John Cruger was the speaker of this the last colonial assembly. Tryon expressed his intention to keep " clear as possible of parties," as he found that all denominations were " affec- tionate and loyal subjects to his Majesty." This word denominations seems to explain this controversy, and to show that it had degener- ated into a contest between the high churchmen and the dissenters, of whom Livingston was in a sense the chief. Otherwise it is not easy to understand how such a stanch supporter of popular rights should, as Tryon says in his letter to Hillsborough of June 4, 1772, have himself " solicited his Majesty to dissolve the Assembly." In July and August Tryon paid a visit to the Indian country. He also, like his predeces- sors, bore witness to the wonderful " influence of Sir WiUiam Johnson over the tribes, and the steadfast loyalty of the Mohawks." Of this nation he says : " They appear to be actuated as a community by prin- ciples of rectitude that would do honor to the most civilized nations. Indeed, they are in a civilized state, and many of them good farmers." A conference was held at Johnson Hall with the Canajoharie tribe during this visit. At the close of August the governor was again in New- York city. 422 HISTOEY OF NEW-TOEK In August, the Earl of Dartmouth was appointed one of his Majesty's principal secretaries of state, and charged with all the business relat- ing to the colonies. To him Judge Livingston appealed in November with an elaborate argument in defense of his claim for a seat in the assembly. For four years after his appointment as judge by General Monckton he had sat as representative, and now in three years had five times been chosen and refused admission. He then applied for the office of chief justice on a new appointment, Horsmanden, as has been stated, being far advanced in years. He declared with some pride that in all the warmth of his struggle with the assembly no objection had ever been made to him on account of his behavior as a judge. In December, Golden again returns to the charge. He writes to Dartmouth that now, after fifty years' service in his Majesty's council, and twelve as lieutenant-governor, he was neglected by the New- York administration — " not only neglected, but even, My Lord, marked by measures that indicate displeasure." He closes by saying that he was now near the end of his eighty-five years ; that the period of his days could not be distant, and asked for a salary as lieutenant- governor to "recompense his losses" during the stamp-act troubles, "the same to commence on October 18, 1770, the day that Lord Dun- more arrived here." Alas ! the old gentleman's appeal was unavail- ing; Lord Dartmouth returning him a prompt and decided refusal to recommend it to the king. The excitement of the year came from the eastward, and sprang out of the arbitrary conduct of the commanding officer of the Gaspee, a British revenue schooner, in the Narragansett waters. In his corre- spondence with the governor of Rhode Island, he added insolence to his officious exactions, and he was marked for punishment. His vessel running aground in the bay, she was boarded by Captain Whipple with a band of volunteers raised in Providence by beat of drum, the crew driven below, and the insolent officer wounded. In the morning he was set on shore and the Gaspee burned. Large rewards were offered in England for the arrest of the offenders and their removal to England for trial, but this demand was disregarded, and even the prosecutions undertaken were dropped. Hutchinson of Massachusetts proposed the annulling of the charter of Rhode Island. New- York, still chafing under the non-importation imbroglio with New Eng- land, quietly awaited the issue. The entire continent was in an ex- pectant attitude, Dartmouth not having as yet shown his hand. The assembly met, after several prorogations, on January 5, 1773, a year which will be found of more eventful interest than its immediate predecessors. The session continued until March 8 following. The journal contains but little of interest. Without specific recommen- dations from the home government, Tryon had but little to ask of THE SECOND NON-IMPORTATION AGREEMENT 423 the New- York legislature. He congratulated tlie assembly " on the present flourisliing state of this country and the good order, industry, and unanimity among its inhabitants." The Livingston controversy disappears. Eight hundred pounds were voted for the supplies of the king's troops quartered in the colonies "with neees- sai'ies"; and on a message from the governor that this was inadequate, on a close division, which was decided by the speaker's vote, two hundred pounds were added. Moreover, four hundred pounds were voted for repairs of the city barracks, and three hundred pounds for the purchase of short brass six-pounder field-pieces, and one thousand pounds of gunpowder for Fort George and the battery. It is well here to note that there was a minority in the house opposed to granting any moneys for supplies to the king's troops. No salary appears to have been voted to the governor, but allowances for firewood and candles in Fort George (four hundred pounds), and the reimbursement of moneys advanced by him for running the Canada boundary from Lake Champlain to the Connecticut. In his letters to Dart- mouth, Tryon declared the practical impossibility of carrying out the recommendation of the board of trade as to the land in controversy between the New-Tork province and the Massachusetts- Bay, from which he foresaw little trouble, their interests not clashing; yet he invited an early decision by the king in the matter of the Hampshire grants, to which the Bennington settlers had declared their readiness to submit. Tryon entered upon more dangerous ground when he urged the earl to permit the governors to appoint chaplains of the Church of England, with a salary from the crown. The line of jurisdiction between New- York and the Massachusetts Bay was settled in June by a conference at Hartford ; which Tryon at- tended, and in an agreement which was approved by the king. The New Hampshire grant difference assumed such alarming proportions that in September the governor was compelled to call upon Major-Gen- eral Haldimand ^ for troops to protect New- York settlers under New- York titles in the disputed territory. Haldimand replied that in his opinion, in the present circumstances in America, it appeared to him of a dangerous tendency to employ regular troops where there are militia laws, but that still he would consent should the governor persist in his 1 Colonel of the Royal American regiment of foot tlemen, at the Province Arms, had sailed in Juno in New-York. General Gage, after a grand enter- for England, tainment to the merchants and the military gen- A COLONIAL WATCH. 424 HI8T0BY OF NEW-YORK demand. The matter being referred to Dartmouth, he answered that the king did not " think fit that his Majesty's troops should be drawn out in aid of the civil power in the colonies unless in cases of absolute and unavoidable necessity," and disapproved of the requisition. Holt has no notice of the celebration of the anniversary of the stamp act this year ; but the independent companies of militia were received on the king's birthday, after which General Gage gave the entertainment alluded to. Sailing a few days later, he carried with him the respect and the attachment of the citizens. He embarked on the Earl of Dun- more, at Murray's wharf (foot of Wall street), under salute of nineteen guns and a similar salute from the battery. General Haldimand left his command at Pensacola on April 23, and succeeded General Gage in the general command of the king's forces in North America. He resided in the house Gage had occupied in Broad street. In June word was received that all the New England governments had concurred with the assembly of Virginia in the appointment of committees of correspondence for the preservation of their rights and liberties. Hutchinson in Massachusetts and Dunmore in Virginia had strained the cord too tightly. Hutchinson had declared that he knew no line that could be drawn between the supreme authority of parlia- ment and the total independence of the colonies; Dunmore and the Virginia assembly were in no better accord. The House of Burgesses of Virginia took up the common cause, and directed, in so many words, her committee of correspondence " to wg,tch Britain, and com- municate with the other colonies." New- York, under a milder, more temperate, and less exasperating government, waited quietly the course of events. Her assembly was already prorogued, so that no answer could be made to the summons of Virginia. In July the twenty-third regiment of Welsh Fusileers, Colonel Bernard, arrived from England, and were reviewed by General Haldimand on the plain near the ship- yard on the East Eiver. They wore sprigs of oak-leaves in their hats in memory of the battle of Minden, where they distinguished them- selves. The same month two companies of the royal train of artillery embarked for England in transports at the watering-place (Staten Isl- and). In September the newly appointed governor of the New- York Hospital attended Tryon from the fort to the Eanelagh garden, be- tween Reade and Duane streets, where the corner-stone of that well- known building, which long adorned Broadway, was laid. In August the East India Company applied to parliament for license to export tea duty free to America, under the act of parliament authorizing it. They at first hesitated ; but history recites that Lord North urged their action, saying, " It is to no purpose making objec- tions, for the King will have it so. The King means to try the question with America." That New- York was still loyal appears by the cele- THE SECOND NON-IMPOBTATION AGREEMENT 425 bration of September 22, Coronation Day, by a review of the militia on the green near the liberty pole. The news of the determination of the East India Company to send to each of the cities of Philadelphia, New- York, and Boston six hundred chests of tea for sale at vendue, or storage in warehouses, reached New- York on October 7. It was stated in the London advices that it was a scheme of Lord North to trick the colonies into an acknow- ledgment of the right of England to impose taxes on them. The next issue of the journal of Holt, under the title of " Alarm," in an article signed " Hampden," informed the people of the corruption by which the new charter of the East India Company had been carried through parliament. Just as before, however, advices came from London that the Earl of Dartmouth had pro- posed an abolishment of the various governments, and their consolida- tion into one, with New- York for a metropolis, each province to be rep- resented, — the old plan attributed to, but probably never entertained by, Pitt. On the 14th, Holt pub- lished a letter from " Scsevola" to the commissioners of the East India Company for the sale of tea in ^ America. It compared them with c/^,,^,^ ^^^>X^ the stamp-masters, and warned them that the freemen of America would never give a sanction to their office. " Hampden " followed in the next issue with a letter headed "Alarm," and " Philoleutheros " with a sav- age invective : " Do not hesitate, do not deliberate, then, what course to pursue, till you have kindled a flame of resentment which nothing but your blood may be able to extinguish." On Friday, October 15, in accordance with the call of a printed ad- vertisement, a meeting was held at noon at the Coffee House to agree upon a measure of thanks to the captains of the London ships trad- ing with the port of New-York for their refusal to take the East India Company's tea on board ; a duty having been laid on it by par- hament, payable in America on importation. A letter of thanks was agreed upon. The Philadelphians on the 16th, at a public meeting held at the State House, agreed upon a patriotic declaration of rights and " to prevent a violation of them by the importation of tea." On October 28 later advices from London gave information that the East r/^»»A 426 HISTOBY OF NEW-YOEK India Company had determined on sending out three vessels with tea. Again letters in the journals kept alive the popular resentment. "Alarm," in the issue of November 11, recapitulated in detail the action of the merchants under the - — resolution of June 12, 1770, and that of the rescinding of this agreement, ex- cept as to the importation of tea. On November 3, Tryon informed the Earl of Dartmouth of the "tumult in the minds of the citizens," but expressed his opinion that the peace of the city would be preserved. The next day news arrived from Boston that the people had ordered the attendance at the liberty tree of the consignees of tea expected at that port, but that their summons had been treated with contempt. On November 29 a hand- bill was issued in New- York announ- cing the formation of an "Association under the name and style of the Sons of Liberty of New- York," and " that the subscribers engaged faith- fully to observe and perform the following resolutions : THE MACOMB MANSION. 1st. Resolved, that whoever shall aid or abet or in. any manner assist in the introduc- tion of Tea from any place whatsoever into this Colony while it is subject by a British act of Parliament to the payment of a duty for the purpose of raising a revenue in America, he shall be deemed an enemy to the Liberties of America. 2d. Besolved, that whoever shall be aiding or assisting in the landing or carting of such Tea from any ship or vessel or shall hire any house store-house or cellar or any place whatsoever to deposit the Tea subject to a duty as aforesaid, he shall be deemed an enemy to the Liberties of America. 3d. Besolved, that whoever shall sell or buy or in any manner contribute to the sale or purchase of Tea subject to a duty as aforesaid or shall aid or abet in the transport- ing such Tea by land or water from this city until the 7th George III Chapter 46 com- monly called the Eevenue Act, shall be totally and clearly repealed, he shall be deemed an enemy to the Liberties of America. 4th. Besolved, that whether the duties on Tea imposed by this act be paid in Great Britain or in America our liberties are equally affected. 5th. Besolved, that who ever shall transgress any of these resolutions we will not deal with or employ or have any connection with him.'' On the back of this handbill or circular appeared a letter or appeal dated December 4, signed by the committee of association, and ad- dressed to " the Friends of Liberty and Trade of the City and County of New- York," which therefore is the first positive evidence that this rival and, as before stated, more conservative class had a corporate THE SECOND NON-IMPOKTATION AGEEEMENT 427 existence. The letter called the attention of the latter body to a letter signed "Rusticus,"of November 27, which was ascribed to John Dickin- son of Pennsylvania, the author of the famous papers of the Penn- sylvania farmers, inviting a union of all classes in a quiet but determined resistance, and beseeching harmony. The committee invited signatures to the agreement of the association. It having been reported that Henry White, merchant and member of the council, Abraham Lott, and Mr. Benjamin were appointed com- missioners for the sale of East India Company tea in the colony, a meeting was held at the house of Captain Doran, at which a committee was appointed to wait on those gentlemen and ask their intentions. They were answered that no commissions had been received ; that should they be, their contents would be made public, and that if it came liable to American duty, they, the commissioners, would decline to execute the commission. Again called upon on the 25th, the gentle- men said that advices of their appointment had been received ; and on a third visit they said, " The agents since find that the Tea will come liable to the American duty ; and agreeable to their former promise have declined receiving and selling it under that predicament." On the same day the Boston commissioners refused to resign, and asked protection of the government ; in consequence of which a great meet- ing was held at Faneuil Hall on November 29, and a committee of correspondence chosen to confer with the other colonies. Of this committee, five in number, Samuel Adams and John Hancock were members. On the 28th the Dartmouth, consigned to Mi*. Rotch, with an invoice of the East India Company's tea on board, arrived in Bos- ton Harbor, and by the governor's advice was anchored below the castle ; but the captain, coming to town, was ordered at his peril to bring up the vessel to the city, where it was put under an armed guard. Some tea, it seems, had already been privately imported into Boston. This was ordered to be returned in the same vessels on which it came. The meeting resolved " that by thus importing said tea they have justly incurred the displeasure of our brethren in the other Colonies, and further that all concerned in any further importa- tion should be deemed enemies to their country." This was aggravat- ing enough and sufficient justification for the mistrust the New- York merchants felt of non-importation agreements- unsupported by ade- quate power to enforce them — a mistrust which will again appear. The articles of association of the Sons of Liberty of New- York were published in Holt's journal of December 16, with the announcement that they were signed by a great number of the principal gentlemen of the city, merchants, lawyers, and other inhabitants of all ranks, and would be carried about the city for general signature. In the oscilla- tion of opinion the Sons of Liberty again took the front. The same 428 HISTORY OF NEW-YORK day the committee summoned a meeting of the association for the • next day at the City Hall, and every friend of liberty and trade of America was invited to attend. In spite of the stormy weather, a large number of citizens appeared, and were addressed by John Lamb, who communicated a letter from the Boston committee of correspon- dence, and also one from Philadelphia. A committee of fifteen was chosen to reply. This committee of correspondence was called the New- York committee. The New- York articles of association were then read, and unanimously agreed to. The mayor of the city, accom- panied by the recorder, then entered the meeting, and announced a message from the governor in these words : " The Governor declares that the Tea will be put into the Fort at noon-day ; and engages his honour that it shall continue there until the Council shall advise it to be delivered out or till the King's order or the proprietor's order is known ; and then the Tea will be delivered out at noon-day." " Gen- tlemen," said the mayor, " is this satisfactory to you ? " This was an- swered with a general " No ! No ! No ! " Mr. Lamb then read the act of parliament, and, stating that the duty was to be paid on the land- ing, put the question : " Is it then your opinion. Gentlemen, that the Tea should be landed under this circumstance ? " This was carried so generally in the negative that a division was not called for. The ac- tion of Philadelphia and Boston was then approved, and the meeting adjourned to wait the arrival of the tea-ship, when it was again to assemble. The same day news was received from Charleston, South Carolina, that the tea-ship for that port had arrived, but that the citi- zens would not permit the tea to be landed. In fact, however, a land- ing was permitted, but the tea was stored, and allowed to rot in damp cellars, where it was guarded. On the very day of these decisive proceedings at New- York, Boston was in a state of even greater excitement. Mr. Rotch, the consignee of the Dartmouth, having shown dilatoriness in returning the vessel with the tea to England, a committee appointed from Boston and the neighboring towns sent for him, and asked his intentions. He was then enjoined to demand a clearance for his vessel. This being re- fused by the collector, and the governor declining to interfere, the committee repaired to the old South Church, where a gi'eat meeting was held. Here Rotch declared that " he would not return his vessel with the tea in her"; whereupon, undoubtedly on a preconcerted signal (it is said, a war-whoop from the gallery or the door), a party rushed to Griffin's wharf, where the three vessels — the Dartmouth, a bark, and a brig — with tea on board then lay. These they board- ed, and, unlading the tea, broke up the boxes, and threw the con- tents overboard. The hour was shortly after dusk. This was that Boston tea-party, the fame of which went throughout all the land. THE SECOND NON-IMPOETATION AGEEEMENT 429 STOEBHOUSE, TURTLE BAT.l The Philadelphia ship arrived on December 25, and was the next day returned to England. The year closed, but the New- York ship did not arrive. Sufficient has been said to show that there was no doubt about the intentions of the people with regard to the landing of the tea. Tryon had made arrangements with Captain Ascough, of his Majesty's ship Swan, to take the vessel under his protection. The year closed with a terrible tragedy. On the night of December 29 the government house in Fort George accidentally took fire, and burned so rapidly that in two hours it was entirely consumed. The governor, his wife, and daughter narrowly escaped with their lives. Miss Tryon, leaping from a second-story window into the deep snow, was fortunately unhurt, but a maid-servant perished in the flames. The governor and his lady escaped by a door leading to the ramparts. But for the heavy snow on the roofs of the houses of the city a dangerous conflagration would have re- sulted. The governor lost a large amount of valuable prop- erty, his wife her jewels, but the great seal was found uninjured on the evening of the 31st. The people sympathized with the governor in his trial and loss, but pro- tests were made against rebuilding the house. For it was pertinently asked, since the crown had for its own purpose made the governor independent of the people, by arranging henceforth to pay his salary directly, why they should be taxed to provide a house and furnish fire and candles for his accommodation. Grovernor Tryon had made up his mind as to the intentions of America in regard to tea. While acknowledging the moderate tone of the people of his government, he wrote to the Earl of Dartmouth : " From the general appearance of the united opposition to the prin- ciple of monopoly and the importation duty in America I can form no other opinion than that the landing storing and safe keeping of the Tea when stored could be accomplished, but only with the protec- tion of the point of the bayonet and muzzle of the cannon and even then I do not see how the consumption could be effected." The "good Dartmouth" hoped for better things in New- York, but, never- theless, sent the necessary orders to G-eneral Haldimand, with caution, however, to Tryon not to make requisition, but " in cases of absolute ' In the year 1773, Marinus WiHett, at the head tration, located on Turtle Bay, at the foot of the of a party of Liberty boys, seized upon the king's present Bast 34th street. The building was still stores kept in the house shown in the above illus- to be seen there as late as the year 1852. Editok. 430 HISTOEY or NEW-YORK necessity when every other effort failed." Later he expressed the hope that " your [Tryon's] fortitude would not suffer you to yield to the like insults as have been offered to the authority of this kingdom in other places." " What has already happened [Dartmouth adds] on occasion of the importation of Tea by the East India Company into some of the Colonies, is of the most alarming nature, and I have it in com- mand from the King to acquaint you that it is his Majesty's firm resolution upon the unanimous advice of his confidential servants to pursue such measures as shall be effectual for securing the depen- dence of the Colonies upon this Kingdom." The king himself was closing the issue between the dependence and the independence of the colonies. The general assembly, which had been in prorogation since May, 1773, met according to summons on January 6, 1774. On opening the session the burden, of the governor's address was "the ruin of the Province House, his agony of mind for the safety of his family," and his congratulation that "by the powerful exertions of the citizens and military this metropolis was preserved from a destructive calamity." He laid before the assembly the negotiations for the boundary with Massachusetts, the completion of the Quebec line as far as ten miles from Lake St. Francis, and informed them that in consequence of the contests concerning the New Hampshire grants the king had ordered him to return to England. He expressed his cordial affection for the people of New- York, who had honored him with every possible mark of regard and esteem, and assured them of his endeavors in their interest during his absence. There was not a word as to the distur- bances on the reception of his message by the Sons of Liberty, or as to the landing of the tea. The governor received the addresses of the assembly at the house of Lord Stirling in Broad street. At this assembly Judge Livingston again applied for a seat for the manor of Livingston, and was again refused by a vote of fourteen to seven, Peter E. Livingston being later admitted to the seat in question. The usual supply biU for the necessaries to the troops (two thousand pounds) was passed, also an act regulating the militia with regard to age (16 to 50 years), a provision for drums and colors, an order for the yearly muster of regiments, and of independent companies twice each year, the appointment of officers, etc. The council amending the bill by striking out the clause against non-resident officers, the assembly refused to agree, and the militia act of 1772 expired. The objection of the assembly was chiefly to a non-resident colonel. Toward the close of the session the governor sent in a message ask- ing a suitable provision for the rebuilding of the government house. In answer to the message the assembly appointed a committee to fix on a suitable place for building a government house, and to prepare a THE SECOND NON-I]\IPORTATION AGBEEMENT 431 plan and an estimate of the expense, and later a bill was passed to "raise tlie sum of twelve thousand pounds by lottery or lotteries to- ward building a Province House and Secretary's Office." The building was never erected. Five thousand pounds was voted to the governor as an allowance for his losses in part at the "late dreadful fire." This was carried by a narrow majority, the bill being saved by vote of the speaker, John Cruger. On March 17 the house took leave of the governor and his family in an affectionate address, in which they say: "Your humanity, beneficence and liberality to the poor in distress, and your affability to all who have had the honor of a nearer connec- tion with you in concerns either of a private or public nature have rendered you doubly dear to the inhabitants of this colony"; and they prayed for his speedy return. The governor, still lodged at Lord Stirling's house on Broad street, received the assembly and thanked them with warm expressions for their appreciative words and their honorable and liberal compensation for his losses by the fire. The assembly was prorogued on March 19. It seems that Tryon had long been suffering from ill health, and had delayed his departure because of the desire expressed by Lord Dart- mouth that he should remain at his post until relieved by a lieutenant- governor, which infers a contemplated removal of Golden. It appears, however, that he had received the king's permission to embark. He sailed on April 7 in the Mercury packet. He had received addresses of regret and esteem from all the corporate bodies in the city. He had shown his interest in education by a gift of ten thousand acres of land in Gloucester County, in the New-York province, to King's Col- lege. He had founded a professorship in municipal law, the second of the kind in the British dominion. As the Gloucester township later fell within the Vermont boundary, this generous grant became of no avail for the foundation. He was attended on his embarkation by a great concourse of people. "No Governor of the Province," says Holt's journal, " was ever treated by all degrees of people with more respect and affection ; nor did any ever show more sensibility of it, or take a more affectionate leave of the people"— a strong contrast to the detestation in which Hutchinson was at that time held. Yet time brought its reversal of opinion. O'Callaghan, in his notes to the New- York colonial manuscripts, says: "It is unnecessary here to speak of his career in America, as that is already as notorious as it was odious"; this condemnation applying to his course during the Revolution. On Tryon's departure the government again devolved on our old friend Colden, who always managed to be in the hottest of water. Hardly was he reinstated— not, however, at the Province House, for that no longer existed— when the Nancy, Captain Lockyer, appeared at Sandy Hook with the East India Company's tea. She had been 432 HISTORY OF NEW-YORK THE APTHOEPE MANSION.^ blown off the coast by contrary winds, and had put into Antigua. News to that effect reaching the city from St. Eustatius via Philadel- phia on March 10, the Sons of Liberty were notified on the 15th, by advertisement in Holt's journal, " to meet every Thursday night at seven o'clock, at the house of Jasper Drake [a tavern], till the arrival and departure of the Tea ship." She did not reach the port till April 18, and the pilot thought it wise not to bring the ship into harbor. The commit- tee of the Sons of Liberty, in- formed of the arrival, gave per- mission to the captain to come up on condition that he should not enter his vessel at the custom- house. He was politely received, and at once prepared to return, the consignees declining to receive his cargo. A handbill summoned the citizens to collect on Saturday morning, the 29th. The bells would be rung an hour before his departure from Murray's wharf. These proposed ceremonies were, however, interfered with by more urgent business. Captain Chambers having brought up his ship, the Lon- don, arrived that day from the Hook, after telling the pilot that he carried no tea, the Sons of Liberty, who were differently advised, at once summoned the owners and the captain before them. The cap- tain confessed to having the tea on board, and to the sole ownership of the eighteen cases. The ship was boarded in the evening by a party of the Sons of Liberty, and the cases, being found, were broken up and the tea thrown into the river. The next morning Captain Lockyer was escorted from the Coffee House to the end of Murray's wharf, with cheering and the firing of guns, and put on board the pilot-boat. The committee of observation at the Hook reported the sailing of the Nancy in the afternoon, with Captain Chambers on board, who had fortunately been able to escape the attention of the enraged citizens. Thus, says the journal, was the "Union of these colonies raaintained." Colden was ignored in the matter. He wrote to Dartmouth on May 4: "Neither the Captain nor any other made the least application to me about the ship or her cargo." The destruction of the tea in Chambers's vessel was without the knowledge of the lieutenant-governor. 1 The Apthorpe house stood, until recently, on Ninth avenue, between Ninetieth and Nlnety-flrst streets. It was a good example of an English country house of the last century. It was huUt In 1767 hy Charles Ward Apthorpe, who was strong in Ms loyalist principles. General Howe made the house his headquarters while the Har- lem Plains were still a disputed possession. As Apthorpe was a warm partizan, the English offi- cers were always treated with great hospitality. The oaken wainscoting and ceiUng of the dining- room were imported from England. Editok. THE SECOND NON-IMPORTATION AGEEEMENT 433 Official information of the destruction of the tea in Boston Harbor on December 16, 1773, reached England on January 22, 1774. The excitement in London was intense. Franklin, who appeared before the privy council to support the petition of Massachusetts for the removal of Hutchinson, was grossly insulted by Solicitor-General Wedderburne, amid the jeers of the lords. The news reached New- York on April 14, with the concurrent information that six regiments and some men-of-war were to be sent to Boston; or, as an alternative, that orders would be sent to Boston to seize the committeemen and send them to England for trial. On March 7, the king sent to par- liament a special message on the American disturbances. On the 11th the House of Commons listened for three hotirs to the reading of one hundred and nine letters on American affairs, after which Mon- day, the 14th, was set for discussion of the American business. On this day Lord North asked leave to bring in a bill for the punishment of Boston by removing the customs officers and stopping the landing and discharging of all merchandise at the town or within the harbor. When the bill was introduced Whigs and Tories vied with each other in their determination to vindicate, not the majesty of the law, but the sovereignty of Great Britain. The Boston port bill provided first for the closing of that port on June 1 to all commerce, at the king's plea- sure ; and also for the indemnification of the East India Company for the ruined tea.^ To Fox, who urged that the closing of the port should last only until the East India Company was paid for the tea, Lord North replied: " Obedience not indemnification will be the test of the Bostonians"; yet when the bill was formally put upon its passage even Fox's voice was still. Strange as it may seem, the bill passed both houses of parliament without a dissenting voice. A handbill containing the text of the bill was distributed through the streets of New- York, with the heading : " The following act came to hand by the Ship Samson, Captain Coupar, arrived at New York the 12th May in 27 days from London ; from the ' London Gazetteer ' of April 7th, 1774." On the back were printed private letters, from London, of the 7th and 8th. Among the interesting incidents connected with the voyage of this fast ship, the journals record " that Captain Coupar brought an account of the receipt of bills sent from New York to Lon- don in one month and twenty-nine days which was in less time than was perhaps ever before known considering the distance." The packet brought news still more startling. Besides the port bill, and stirring letters from the friends of America in England urging resistance, came word that General Gage, commissioned civil gov- ernor of Massachusetts, had engaged with four regiments to reduce Boston to submission, and was to sail from Portsmouth in the frigate 1 The value of tea destroyed at Boston was about £8,000. Vol. II.— 28. 434 HISTOBY OF NBW-YOEK Lively for his new government on April 15. Some consolation was taken from the information that the officers ordered on duty hung back, and declared it a service quite repugnant to their feelings as men and as Englishmen. It was reported that the four regiments ordered were the fourth, fifth, thirty-eighth, and forty-third; and that a formidable fleet would soon appear in American waters. The rs excitement in the city was heightened ^J& by the arrival of a schooner from .^t^-^yutHf) ^^^^^ g^y^ whose crew reported that as they came past Boston they heard great firing, from which it was supposed that General Gage had arrived. This was an error, as the Lively only arrived on May 13. The firing was from the castle, in honor of his appointment. On Saturday, the 14th, while handbills were passing freely about the city, a notice invited the merchants to meet at Fraunces' Tavern on Monday evening for consultation. The assemblage proving too large for the rooms at Mr. Fraunces', it adjourned to the Exchange, a few paces distant. Isaac Low was chosen chairman. Two parties appeared at this meeting with printed lists of candidates for a com- mittee. The one, a list of twenty-five, was offered by Isaac Sears, the representative of the Sons of Liberty ; the other, of fifty names, had been arranged by the merchants. One of these tickets was the basis of both ; there are not two names upon the smaller not found in the same order on the larger ticket.^ Both were headed with the name of John Alsop, and both were chiefly made up of merchants. There was a warm contest; but the merchants prevailed, and the committee was raised and directed to " correspond with the neighboring colonies on the important crisis." This was the famous committee of corre- spondence, so much misunderstood and maligned, but, as the sequel will show, to whose firm and consistent adherence to the idea of union the Continental Congress owed its origin. That there might be no doubt as to the formality of their appointment, the assemblage at Fraunces' before adjourning ordered a meeting to be called at the Merchants' Coffee House on Thursday, the 19th, at one o'clock. In the interim, Paul Revere, the famous post-rider ^ and express of the Sons of Liberty, had arrived on Tuesday, the 17th, from Boston, with despatches from that organization to the middle colonies. On Wednesday, at noon, he set out for Philadelphia. In the evening of the same day there was a large meeting of the mechanics at Barden's Tavern. He had again migrated, and was now at the old house kept by John Jones in the Fields : a locality preferred by this class. Revere had brought with him the vote passed at Faneuil Hall on the 13th, 1 The minutes of this committee of fifty, or of 2 These men were called constitutional post- correspondence, are preserved in the New-York riders. See Holt's "New-York Journal," May 19, Historical Society collections. 1772. THE SECOND NON-IMPORTATION AGREEMENT 435 urging the colonies to stop all importations from and exportations to Great Britain and the West Indies until the port bill should be re- pealed. That there was perfect accord between the association of the Sons of Liberty of New- York and the Boston leaders appears from the fact that on Saturday, before Revere arrived, the New- York committee, consisting of Isaac Sears and Alexander McDougall, ad- dressed a letter to the Boston committee concerning the intended meet- ing of the merchants at Fraunces' Tavern, pledging them " to agree upon a non-importation and non-exportation of goods to Great Brit- ain." In this it seems they were premature. At the meeting on Thursday, May 19, at the Coffee House, both parties attended, but the merchants again prevailed; besides they added to their number Francis Lewis, whence it took its name as the committee of fifty-one. Writing the next day to his friend Penn, Grouverneur Morris, then in the heyday of youth, said: "I stood on the balcony and on my right hand were ranged all the people of property with some few poor dependants and on the other all the tradesmen &e., who thought it worth their while to leave daily labor for the good of the country." In the same letter he says: "I see, and I see it with fear and trem- bling that if the disputes with Britain continue we shall be under the worst of all possible dominions. We shall be under the domination of a riotous mob." Watts wrote to Monckton on May 30 : " The lower class of. people were taking it up [the shutting up of the port of Bos- ton] exceeding high here and would have carried things to extremi- ties, but by the interference of most people of weight a soberer council takes place, though the treatment of their brethren is very ill relished." Colden, writing to Dartmouth, June 1, says that " the prin- cipal inhabitants being now afraid that these hot-headed men might run the City into dangerous measures, appeared in a considerable body at the first meeting of the people after the Boston act was re- ceived here. They dissolved the former committee and appointed a new one of fifty-one persons in which care was taken to have a num- ber of the most prudent and considerate persons of the place." The facts quoted show that the old gentleman was ill informed. But the MAKINUS WILLETT'S KESIDEKCE. 436 HI8TOEY OP NEW-YOEK extent of the dissidenee appears from a paragraph in Holt's journal of the 20th, to the effect that "since the meeting at the Coffee House on Thursday last, the merchants and mechanics who were opposed to the committee of correspondence consisting of fifty-one persons, have for the salutory purpose of Union among ourselves agreed to that number; and that the gentlemen whose names were published in Mr. Gaine's paper are the Committee for this City." The names of the committee appear in the minutes of the first meeting of May 19, 1774. They were John Alsop, William Bayard, Theophylact Bache, Peter V. B. Living- ston, Philip Livingston, Isaac Sears, David Johnston, Charles McEvers, Charles Mcoll, Alexander McDougall, Captain Thomas Eandall, John Moore, Isaac Low, Leonard Lispenard, Jacobus Van Zandt, James Duane, Edward Laight, Thomas Pearsall, Elias Des- brosses, William Walton, Richard Yates, John De Lancey, Miles Sherbrooke, John Thurman, John Broome, John Jay, Benjamin Booth, Joseph Hallett, Charles Shaw, Alexander Wallace, James Jauneey, Gabriel W. Ludlow, Nicholas Hoffman, Abraham Walton, Gerardus Duyekinck, Peter Van Schaack, Henry Eemsen, Hamilton Young, George Bowne, Peter T. Curtenius, Peter Goe- let, Abraham Brasher, Abraham P. Lott, David Van Home, Gerar- dus W. Beekman, Abraham Duryee, Joseph Ball, William McAdam, Richard Sharpe, Thomas Marston, Francis Lewis. The committee 'CLa/r^JL.^ 1 James Duane was the first mayor of New- York alter the EeTolution, holding the office from 1783 to 1789. He was bom in New-York city in 1733. His father was at first an officer in the British navy, but he resigned and engaged in mercantile pursuits in New-York. Two of his sons entered the navy, but James, the third, was educated for the legal profession, studying law in the office of James Alexander. His mo- ther, who died when he was only three years old, was Altea Keteltas, so that he was connected in this way with some of the old and prominent New-York families of Dutch origin. By his own marriage he became related to the powerful Livingston family, as his wife . was Mary, the oldest daughter of Colonel Robert Livingston, the proprietor of the manor. He rose to great eminence in his profession, and enjoyed »■ very lucrative practice, being among other things the attorney for Trinity Church in the Anneke Jans suits. By purchase and inheritance he became the owner of the township of Duanesburgh, Schenectady County. About sixty-four thousand acres bought by him in that part of the province which afterward became Vermont were lost to him by reason of the subsequent territorial com- plications and disputes as to possession. It is unnecessary here to recount Mr. Duane's pubhc services during the Revolutionary period. They were not of a military nature, but confined en- tirely to political and legislative measures, both in National and State affairs. In 1789 President Washington appointed him district judge for the district of New-York, upon which he resigned the mayoralty. In 1794, after five years of ser- vice as judge, he resigned on account of failing health. He then removed to Schenectady, at the same time commencing the erection of a house in Duanesburgh, where he desired to pass the remainder of his days. He died, however, before the house was completed, February 1, 1797, leaving one son and four daughters. Editok. THE SECOND NON-IMPOETATION AGBEEMENT 437 met on Monday, May 23, at the Coffee House, and organized with Mr. Isaac Low, chairman, and John Alsop, deputy-chairman. A letter was read from the body of mechanics, signed by Jonathan Blake, their chairman, concurring in the nomination of the committee. At a meeting in the evening of the same day they adopted a letter in answer to those received from Boston, probably referred to them from the association of the Sons of Liberty. This letter contained the non- importation resolutions adopted at Faneuil Hall on the 13th. The terms of the New- York letter in answer are significant. " The course," they write, "is general and concerns a whole continent, who are equally interested with you and us; and we foresee no remedy can be of any avail unless it proceed from the joint act and approbation of all. From a virtuous and spirited union much may be expected, while the feeble efforts of a few will only be attended with mischief and disap- pointment to themselves, and triumph to the adversaries of our lib- erty. Upon these reasons we conclude that a Congress of Deputies from the colonies in general is of the utmost moment ; that it ought to be assembled without delay and some unanimous resolutions formed in this fatal emergency, not only respecting your deplorable circum- stances, but for the security of our common right"; and they request their " speedy opinion of the proposed congress," that if it meet with their approbation they may use their utmost endeavors to carry it into execution. This letter was engrossed and delivered to Paul Re- vere, the express from Boston, who immediately set out on his return. A copy was ordered to be sent to the committee of correspondence for the city of Philadelphia. Meanwhile the letter of the Sons of Liberty, pledging the merchants of New-York in advance to a non-importation agreement, had reached the Boston committee, and they replied on June 3 expressing their concurrence with the proposed "suspension of trade." To this the New- York committee promptly sent answer on the 7th that the Bos- ton committee had made a mistake in attributing to them the expres- sion of an opinion; "that said and every other resolution we have thought it most prudent to leave for the discussion of the proposed General Congress. Adhering therefore to that measure as most con- ducive to promote the general system of politics we all have in view, we have the pleasure to acquaint you that we shall be ready on our part to meet at any time and place that you shall think fit to appoint: either of deputies from the General Assembly or such other deputies as shall be chosen not only to speak the sentiments but also to pledge themselves for the conduct of the people of the respective colonies they represent." They add: "We can undertake to assure you, in behalf of the people of this colony, that they will readily agree to any measure that shall be adopted by the General Congress. It will be 438 HISTORY OP NEW-YOEK necessary that you give a sufficient time for the deputies of the col- onies as far Southward as the Carolinas to assemble, and acquaint them as soon as possible with the proposed measure of a Congress. Your letters to the Southward of us we will forward with great plea- sure." On the 2d the committee published a card disavowing the letter to Boston, of the 14th, pledging the suspension of trade. The Boston merchants were no doubt disappointed at any de- lay, the packet of May 25 hav- ing carried their countermands of orders from England. The king's birthday was this year celebrated with hardly more than official ceremonies; there was no festivity, and but few houses were illuminated. The idea of a congress was fast spreading, and it was believed that a total suspension of com- mercial intercourse with Great Britain would soon take place. On Wednesday, June 25, the harbor at Boston was finally closed, and the day was celebrated in New-York by a great demon- stration, with effigy-hanging and other marks of reprobation for the English enemies of America. On the 17th General Gage dis- solved the Massachusetts assembly; the province was under mili- tary rule. The immediate cause of this summary proceeding was the appointment by the representatives of Massachusetts Bay, that day, of delegates to meet the delegates of other colonies in general congress, however appointed, at Philadelphia, on September 1. As the New- York assembly was not sitting, the committee of cor- respondence, on July 4, proceeded to nominate five delegates, the number chosen by Massachusetts, for recommendation to the free- holders of the city. Captain Sears, seconded by Peter V. B. Living- ston, proposed Isaac Low, James Duane, Philip Livingston, John Morin Scott, and Alexander McDougall. A vote being taken, the gentlemen having the greatest number of voices for their nomina- tion were Philip Livingston, John Alsop, Isaac Low, James Duane, and John Jay, the three first named merchants, the others lawyers. There was evidently dissension, for it was also ordered that a call be issued to the inhabitants to meet at the City Hall on Wednesday, July 7, at noon, "to coneurr in the nomination or choose others." On ST. MARK'S CHURCH. THE SECOND NON-IMPORTATION AGEEEMENT 439 the 5th a call was issued for a meeting in the Fields for the next day. From the journal of the proceedings it appears that a member of the committee of correspondence, McDougall, had presided over the pre- THE PATEIOTIC BARBER OP NEW-YOEK.l liminary meeting which issued the call. The call was couched in such significant terms that a great gathering met in the Fields; Mc- Dougall was called to the chair, and resolutions were adopted rec- ommending non-intercourse with Great Britain and instructing the 1 The fall title of the above quaint pictiire ran as follows : " The Patriotick Barber of New-York, or the Captain in the Suds." Beneath this were printed the following lines : " Then Patriot grand maintain thy stand, And whilst thou sav'st Amerio's Land, Preserve the Golden Eule ; Forbid the Captains there to roam, Half -shave them first, then send them home. Objects of ridicule." Editor. 440 HISTOET OF NEW-YOBK deputies to the congress to agree for this city upon a non-importa- tion agreement. They voted a subscription in aid of the suffering inhabitants of Boston, and directed their city committee of corre- spondence to carry out their resolutions. As before in pledging the committee of correspondence, so now they proposed to instruct their deputies before they were chosen. Naturally there was a storm in the committee, who disavowed the proceedings as "calculated to throw an odium on themselves"; which culminated in the withdrawal of Lewis, Hallett, McDougall, Peter V. B. Livingston, Isaac Sears, Thomas Eandall, Abraham P. Lott, Leon- ard Lispenard, John Broome, Abraham Brasher, and Jacobus Van Zandt from the committee of fifty-one. The meeting called at the City Hall for the 7th was duly held, and it was resolved that the com- mittee of correspondence appoint a committee to meet a similar committee from the mechanics at Fraunces' Tavern the next morn- ing to take a poll in the several wards upon the lists of the five dele- gates respectively proposed by each for their legislature. Handbills were circulated, one even signed "Son of Liberty," urging their election and deprecating discord between the merchants and the mechanic class. On the 19th the committee published a series of patriotic resolutions, of which one was pertinent and italicized, viz., that the delegates ought to be so chosen or instructed that they may "be able not only to speak the sentiments but to pledge themselves for the good conduct of the people of the colonies they respectively represent." The same day a conference was had at the Coffee-House between the merchants' and mechanics' committees, but there was so much division that Messrs. Low and Jay the next day published a card declaring that they considered there had been as yet no choice of delegates. On July 24, the New- York committee ordered an election in the ordinary manner by a poll at the several wards on the 28th. This was signed by Abraham Brasher, Theophilus An- thony, Francis Van Dyck, Jeremiah Piatt, Christopher Duyckinck ; to which four of the gentlemen named, Livingston, Alsop, Low, and Jay, made answer that they were "at present of opinion that a general non-importation agreement faithfully observed [the italics are in the original] would prove the most efficacious means to procure a redress of grievances." They added that they made the declaration because they thought it right, but that they had no objection to the election of any one in whom there was greater confidence. On receiving the letters, the meeting at Marriner's Tavern unanimously acquiesced in their nomination. The election was held on the 28th, and the five delegates were unanimously chosen. They were held to favor non- importation, but to be left free to conform to the general opinion of the congress. THE SECOND NON-IMPOBTATION AGEEEMENT 441 On August 29 Mr. Jay set out quietly for Philadelphia. On Sep- tember 1 he was followed by Livingston, Alsop, and Duane. They were accompanied to the place of their departure by a large number of the citizens with colors flying and music. Duane made a farewell speech, and they were saluted with cannon, Mr. Low left the same day by way of Powles' Hook. He was escorted to the ferry stairs with the same ceremony, and greeted with huzzas at each street corner. John Adams, of the Massachusetts delegates, left in his diary an in- teresting account of the courtesy with which they were received ; amusing, because of his naive astonishment at the luxury of New- York life, which he for the first time enjoyed. The congress met at Carpenters' Hall, Philadelphia, on September 5. Two committees were appointed : one on the rights of the colonies, the other on trade and manufactures. From a want of uniformity in their choice the congress was ill fitted to assume the functions of government, yet it was a great step toward union. They modestly styled themselves "the guardians of the rights and liberties of the colonies." They walked the beaten track of 1765. They put forth a declaration of rights, and their sole measures of redress were the non-exportation act to take effect after September 15, and the non-importation act to be put in force on December 1 following. The congress dissolved on October 26. Of its papers Lord Chatham spoke as " not inferior to the finest productions of the Master States of the world." Before dissolving, the congress recommended the election of a committee in each county, city, or town of every colony, to secure obedience to the association entered into by the congress. They ordered the elec- tion of delegates to meet in congress May 14, 1775. After a conference with the committee of the mechanics, the com- mittee of correspondence ordered a poll to be held at the City Hall on November 22 for the election of sixty persons as a committee of obser- vation. The following were unanimously chosen : Isaac Low, chair- man ; Philip Livingston, James Duane, John Alsop, John Jay, Peter V. B. Livingston, Isaac Sears, David Johnston, Charles NicoU, Alex- ander McDougall, Thomas Eandall, Leonard Lispenard, Edward Laight, WiUiam Walton, John Broome, Joseph Hallett, Charles Shaw, Nicholas Hoffman, Abraham Walton, Peter Van Schaack, Henry Eemsen, Peter T, Curtenius, Abraham Brasher, Abraham P. Lott, Abraham Duryee, Joseph Bull, Francis Lewis, John Lasher, John Eoome, Joseph Totten, Thomas Ivers, Hercules Mulligan, John Anthony, Francis Basset, Victor Hicker, John White, Theophilus Anthony, William Goforth, William Denning, Isaac Roosevelt, Jacob Van Voorhees, Jeremiah Piatt, William Ustick, Comfort Sands, Robert Benson, William W. Gilbert, John Berrian, Gabriel W. Lud- low, Nicholas Roosevelt, Edward Flemming, Lawrence Embree, 442 HISTOEY OF NBW-YOEK Samuel Jones, John De Lancey, Frederick Jay, William W. Ludlow, John B. Moore, George Janeway, Eudolphus Ritzema, Lindley Murray, and Lancaster Burlong. This was the last act of the committee of correspondence. Their path had not been strewn with roses since the split in their ranks of July 7. Mr. McDougall seems to have been the leader of the opposi- tion. The committee of observation, in- quiring into the private affairs of their neighbors, aroused resentment, and the committee of correspondence was called upon to intervene, which they did by calling a public meeting at the City Hall on the 20th. When Mr. Henry Eemsen was about to speak for the committee, the meeting was interrupted by the clamor of the malcontents. They ad- journed to the Coffee House, where the committee disavowed and condemned the irregular proceedings complained of. Advances having been made on several imported articles, the public were dis- contented; thereupon the committee called a meeting of all the importers, who agreed on October 13 to refrain from any unreasonable advance on such articles. The action of the congress seems to have restored harmony; the committee of mechanics even addressed a letter of thanks to the city delegates. The committee of inspection or observation at once en- tered on its biisiness, and non-importation was soon rigidly enforced in all of the colonies. On January 10 the general assembly met at the summons of Lieu- tenant-G-overnor Colden. True to his old idea of the authority of New- York with the sister colonies, he appealed to them in his opening address for firmness in the alarming crisis. They replied that "they would exercise the trust reposed in them with firmness and fidehty, and with calmness and deliberation pursue the most probable means to obtain a redress of grievance." On his suggestion they adopted a petition to the king declaring their rights and stating their grievances, disclaiming any desire for independence of the British parliament; also a memorial to the Lords and Commons declaring "the people of the colonies entitled to equal rights and privileges with their fel- low subjects in Great Britain." They had already refused to pass a vote of thanks to the delegates to the congress by a vote of fifteen to THE SECOND NON-IMPOBTATION AGEEEMENT 443 J^ ^ nine,^ and also a. vote of thanks to the merchants for their faithful adherence to the non-importation association entered into by the con- gress, by the same vote, with the addition of that from Mr. Boerum, who was excused on the previous occasion because he was one of the congress. The usual supply bill was passed, including a salary to Golden for administering the government from April to September, at the rate of two thousand pounds, but without the usual allowance for candles and firewood for the Province House be- fore it was burned; also an act for regu- lating the militia. The assembly was conservative while patriotic, and the addresses to the king and parliament were distinct in expression, while mod- erate in tone. Efforts were made to induce the assembly to appoint delegates to the May congress, but they properly considered this was not their business, and in fact the congress of 1774 had advised the choice by a provincial con- gress elected for this purpose. The as- sembly finally adjourned on April 8 to meet again on May 3. This was the last meeting of the colonial assembly. Accordingly the committee of obser- vation summoned a meeting of the freeholders and freemen of the city at the Exchange on March 6. On that day a union flag with a red field was hoisted on the liberty pole at nine o'clock, when the people rallied in large numbers and marched to the Exchange, where they authorized the committee to nominate eleven deputies for the sole purpose of choosing delegates to the general congress, such elec- tions to be held on April 25. The committee nominated as deputies for the city and county of New-York in the provincial congress were Philip Livingston, John Jay, James Duane, John Alsop, Isaac Low, Francis Lewis, Abraham Walton, Abraham Brasher, Alexander Mc- Dougall, Leonard Lispenard, and Isaac Eoosevelt. They were elected by a large majority on March 15, and on April 20 met in provincial congress and chose Philip Livingston to be their president. Isaac Low declined to serve. The next day they appointed Philip Living- ston, James Duane, John Alsop, John Jay, Francis Lewis, Simon Boerum, William Floyd, Henry Wisner, Philip Schuyler, Greorge Clin- ton, Lewis Morris, and Robert Livingston, Jr., to represent the colony MRS. GEORGE CLINTON. 1 The nine who voted in the affirmative were Clinton, Thomas, Brinokerhoff, De Witt, WoodhuU, Schuyler, Ten Broeck, Seaman, and Livingston. 444 HISTORY OF NEW-YORK in the Continental Congress. The five first named represented the city and county of New- York. On Sunday, April 23, about noon, rumors were received of the af- fray at Lexington, and in the morning, at two o'clock, the express from Boston handed to Isaac Low, chairman of the committee of ob- servation, the despatch announcing it officially. He countersigned it and passed it on. By relays it was delivered at Philadelphia by noon the next day. The revolution had begun. On April 26 the commit- tee of observation recommended the election of a new committee of one hundred, which was done on May 1. On April 28 a new associa- tion was entered into and signed by nearly all the freeholders of the city and sent to the interior counties. Their object was to enforce the recommendation of the provincial convention and the Continental Congress. The committee is known in history as the committee of one hundred, and took general charge of the affairs of the city and the enforcement of the agreements of the association. The commit- tee of observation also recommended the election of deputies to a provincial congress. These were chosen on the same day, and met at the Exchange on May 22. Meanwhile, on May 4, Lord Dartmouth notified Tryon that it was the king's pleasure that he should at once return to New- York. Tryon obeyed. He reached New- York on Sunday, June 25, 1775, and took from Golden, who now finally disappeared from the political scene, the seals of office and a "diminished authority."' By an ex- traordinary coincidence, "Washington, who had been appointed com- mander-in-chief of the American forces, passed through the city on his way to the camp at Cambridge on the very day of Tryon's arrival. 1 Golden died at Flushing, Long Island, September 21, 1776. Eit^SiTz CHAPTER XII LIFE IN NEW-TOEK AT THE CLOSE OF THE OOLONIAIi PERIOD UDGE THOMAS JONES, in Ms loyalist history of New- York, introduces his subject with the statement, "In the year 1752 New- York was in its happiest state. "We had no foreign or domestic enemy. Great Britain was at peace with all the world. The Colony was extending its trade, encouraging the arts and sciences, and cultivating its lands. Its inhabitants were daily increasing in riches and wealth and opulence. They were at the same time laborious, industrious, and frugal, lived in the most hos- pitable manner though with great economy. Luxury was unknown in the province; ... at this happy time all discord had ceased ; parties were forgotten and animosities forgiven. The disposition, the conduct and behaviour of the people in general bespoke harmony, concord, mutual love, and reciprocal affection." The judge closes his somewhat idyllic rhapsody with the declaration that this was the "Golden Age of New- York." There is no reason to ques- tion the correctness of this picture if considered only in its moral light, but it would be hardly safe to attribute the material prosperity of the city to the fact that Great Britain was at peace. War had few terrors for the people of New-York. The religious contest was by no means at an end, and might break out afresh at any moment. 1 The Rev. John Ogilvie was 'born In New- York Trinity Church, New-York, a position which he city in 1722, and died there in 1774. Graduating occupied for the remaining ten years of his life, at Yale in 1748, he Entered the ministry and spent He received the degree of D. D, both from King's several years as a missionary among the Mohawks. College and from the Aberdeen University in Soot- In 1764 he was appointed assistant minister in land. Editob. BEV. JOHN OGILVIE. 1 446 HISTORY OF NEW-YORK A prominent object, if not the main purpose, of the Dutch govern- ment in granting the New Netherland charter was to provide in the safe harbor of New Amsterdam a sally-port and a refuge for the men-of-war and privateers which scoured the Spanish main in quest of the rich galleons which carried the wealth of the American colonies of the great Catholic powers to Lisbon and Cadiz. The fight between Spain and Holland was to the knife, and the American Dutchmen partook of the enthusiasm of their countrymen. Nor were their de- scendants under English rule less inclined to water adventure, save that it took the form of smuggling goods into the territory of the neighboring English colonies. The English were not more squeamish on this point, but their ventures were in the form of short cruises in fleet, well-armed vessels in southern waters. These privateers were ai'med and officered by the flower of the New- York gentry, and their captures were the foundation of many a New- York fortune. The renewal of hostilities with France in 1754 set these wild spirits in fresh flame. The celebrated Thomas Randall, one of the most noted captains of the day, who in 1748 had brought in the French ship L'Amazone as a prize taken by his brigantine, the Fox, again in 1757 took out the brigantine De Lancey, of fourteen guns. He seems to have been joint owner in other privateers: in 1758 of the snow Gen- eral Abercrombie, sixteen guns, and the ship Mary, ten guns. In 1762 he owned the Charming Sally, of six guns. The De Lancey fell into the hands of the Dutch, off Cura^oa, and her commander and crew were imprisoned. Eandall was not then in command. He later distinguished himself in the war of the Eevolution, and was thanked by "Washington as one of the donors of "the President's barge," used by him during his first administration. Captain Isaac Sears — "King Sears," as he was called (whose acquaintance has been made as a Son of Liberty) — was a peaceful trader until the French war broke out. In 1752 he took to sea the dogger Decoy, of six guns, and later the sloop-of-war Catherine; but his most daring exploits were when in command of the sloop Belle Isle, of fourteen guns, which, in 1759, fell in with a large French ship of twenty-four guns and eighty men. Three times Sears grappled the Frenchman, but a gale separating the vessels, the sloop sheered off with nine kiUed and twenty wounded. The owners of the Belle Isle were John Schermerhorn & Co., mer- chants of the city. Eandall and Sears were seafaring men. So also was Alexander McDougall, with whom acquaintance has been made as a Son of Liberty, and the Wilkes of America. In 1758 he sailed the privateer Tyger with success in the West Indies. Still another and at the time more famous bucaneer was Captain Peter Corne, an old African coast trader, who was joint owner with Anthony Van Dam (later secretary of the chamber of commerce) of the brigantine NEW-YORK AT THE CLOSE OF THE COLONIAL PERIOD 447 Nebuchadnezzar, of eight guns, which he took out in 1758. The extent to which this dangerous business was carried appears in the numerous ventures of Mr. Lawrence Kortright, one of the commercial magnates. He was part owner of the Harlequin, of eight guns; in 1754, of the brigantine John, fourteen guns: and in 1756, of the brigantine De Lancey, already- mentioned; of the Prince Edward, of eight guns ; of the snow Royal Hes- ter, of sixteen guns ; of the PrinceFerdinand, fourteen guns, and the ship Hunter, eighteen guns ; Mr. Peter Ketel- tas, another well- known name, was in 1752 part own- er and agent of the Royal Hester, which brought in the French ships Le Leger and Le Debonnaire ; and in 1754,of the sloop Anne. EvenPhilip Livingston and his son were deep- ly engaged in ship ventures. In 1757 he sent out the schooner Albanv PRINCIPAL ENTBANCE OF THE NORTH DUTCH CHUBOH.l of eight guns and the ship Tartar of sixteen guns, and in 1758 the Amherst of twelve guns. These are but instances of the Joint-stock companies in which the merchants took a lively interest. The peace of Paris brought the Seven Years' War to a close in 1763, and the sound of the recruiting drum and fife was heard no more on the wharves of the now peaceful city. But it is easy to account for 1 The alDove illustration represents the principal entrance to the North Dutch Church, huilt in 1769 on the comer of Pulton and WiUiam streets. This door faced on William street, toward the east. The illustration a few pages further on rep- resents one of the windows of this church. Out of this window the prisoners confined here during the Revolution often gazed, wishing in vain for liberty. The church was demolished in 1875. Bditob. 448 HISTORY OF NEW-YOEK the change wMch had come over its population, and to understand the bold, the spirited, even the turbulent nature of the men who marched to the gates of Fort George during the stamp-act excitement, and later fought the British regulars about the liberty pole and on Golden Hill. And it must not be supposed that New- York was stag- nant during the long years preceding these agitations. Commanding the key to Canada on her northern frontier, the city itself was the natural headquarters of the invading army. From New- York the governor. Bear- Admiral Sir Charles Hardy, sailed for the capture of Louisburg. On Staten Island was fitted out the maritime expedition which another governor, General EobertMonckton, led to Martinique ; and New- York was the base of the operations which closed the strug- gle with the capture of Montreal, and completed the conquest of the Canadas. Naturally these extensive movements gave ample occupa- tion to the industries of the city, created a large demand for supplies, and brought into circulation a considerable amount of coin, a com- modity rare in the colonies at any time. All the coin received came from the Spanish West India Islands, and after a short and uncertain sojourn here passed to England by the operations of the balance of trade, the scales of which Dame Britannia always managed to turn in her own favor. Amid all this life and bustle, the march of improvement in the city went steadily on after that "Golden Age." Before 1754 the only build- ings of any public consequence in the city were the City Hall, ia Wall street, the Province House, within the in closure of Fort George, opposite the Bowling Green, and the Merchants' or Royal Exchange, a building constructed upon arches at the lower end of Broad street, and not completed till 1752. Of the three Episcopal churches founded by royal charter in 1697, Trinity stood as first erected, but with sub- sequent enlargements, on Broadway at the head of Wall street ; St. George's Chapel, built in 1752, on Beekman street ; and the elegant structure of St. Paul's, on the corner of Broadway and Vesey, finished, with the exception of its spire, in 1766, the latter not being added till after the Revolution. Of the three houses of worship belonging to the Presbyterians, the first, in Wall street, near Broadway, a modest building of rough stone, stood in its original form (as erected in 1719) until enlarged in 1768 ; the second, or brick meeting-house, a branch of the Wall street church, was built in 1768 upon the vineyard lot opposite the common (City Hall park), having but insignificant neighbors, small wooden houses on the Boston road (later Chatham street, now Park Row) ; the third, or Scotch Presbyterian church, was also erected about this time in Little Queen (now Cedar) street, between Nassau street and Broadway, the congregation having origi- nated about 1756 in a secession of the Scottish members from the Wall NEW-YORK AT THE CLOSE OF THE COLONIAL PEEIOD 449 street church in consequence of changes in the form of worship and differences in taste as to psalmody. Of the three Dutch Reformed churches, the Old South or Garden street church (the site of which was in the present Exchange Place) still stood as originally constructed in 1693, but was rebuilt in 1766 ; the New or Middle Dutch church, an overflow from the Garden street congregation, set up their house of worship in 1729, and remodeled it in 1764, being for a long time one of the finest buildings in the city, its lofty cupola commanding the best view of the city and country, and affording Dr, Franklin a fine opportunity to make some of his experi- ments in electricity ; while the North Dutch church, on the corner of Fulton and William streets, was not built till 1769. The Methodists worshiped in a church on John street, near Nas- sau; but this also was not built till 1769. The Moravians occupied a small frame buUding in Fulton, between William and Dutch streets, erected in 1757 ; the Baptists, a modest structure window op in Gold street, between Fulton and John, built in ^°^™ °^^™ ^=^^°=- 1760 ; and the Friends, one in Little Green street (now Liberty Place), between Maiden Lane and Crown (now Liberty) street. The French congregation, L'Bglise du Saint Esprit, had not left their original place of worship, erected, in 1704, in Pine street, fronting the rear of the present United States Subtreasury, The building is described as "low, grave, sombre, and its tower heavy and monastic." The Jewish synagogue, erected in 1709, stood on the site of the first house of worship, in Mill street, which had been built in 1706. The growth and prosperity of the city are shown by the number of these structures for religious purposes during the period under con- sideration, since, of the whole number of fifteen, eight were re- modeled or newly erected between 1754 and 1763. The same was attested by King's College, which, begun in 1756, was erected on the beautiful grounds bounded by Church street. Chapel street (now West Broadway), Murray, and Mortlike (now Barclay) streets. It was an elegant stone structure, three stories high, with a chapel, hall, library, museum, anatomical theater and school for experimental philosophy. The edifice was surrounded by a high fence, forming a large court, containing noble trees and a garden: a truly academic inclosure. The students resided in the college. There was no public building for the exhibition of art in the city, nor, for that matter, was there much of art to exhibit. The theater stood on the north side of John street, between Broadway and Nassau street. It was in the rear of the lot, and was entered by a covered Vol. II.— 29. 450 HISTOEY OF NEW-YOEK way. It was opened December 7, 1762, by " The American Company," with Farquhar's comedy of " The Stratagem," and the famous Gar- rick's farce of " Lethe." The sites of the principal taverns, the Province Arms, the Queen's Head (Fraunces'), the King's Arms (Barden's), and the resorts of the Liberty boys, opposite the common, — De la Montanye's and Hamp- den Hall, — have been noticed, as well as the location of the coffee- houses, the Merchants', the Gentlemen's, and the Exchange. There were but few other places of public entertainment. The Ranelagh was a summer garden on the west side of Broadway, between present Duane and Worth streets. Ranelagh House was on the northern side ^ COLUMBIA COLLEGE, FEOM THE NOETH. of this green, on the ground later occupied by the New- York Hos- pital, of which, as has been seen. Governor Tryon witnessed the laying of the corner-stone. The Vauxhall was also a large garden (part of Sir Peter Warren's' estate), at the foot of Warren street, extending as far as Chambers, and com- manding a beautiful view of the Hudson River. Destroyed during the stamp-act excitement it was afterwards refitted by Sam Fraunces. The most noted private residences were the Kennedy mansion at No. 1 Broadway, already noticed as standing at the period of the stamp act; and the Walton House, in Queen street (St. George's Square, now Franklin Square). There were, no doubt, other fine resi- dences, but these only have any historical consequence as of the period now under treatment. The Walton House has already been 1 Admiral Sir Peter Warren, the victor of Louisburg, who married a daughter of Stephen De Lancey, died in Ireland, in 1752. NEW-YOEK AT THE CLOSE OF THE COLONIAL PEEIOD 451 carefully described.' With the exception, perhaps, of the double bal- ustrades on the roof, the carving, and the armorial bearings, the architecture of the Walton House did not differ greatly from that of other fine houses which preceded it. True, the gabled ends and oc- casional quaint features of the original Dutch structures were already rare, but the Anglo-Dutch type remained. The latest specimens of this mixed school were until quite recently the four buildings on the corners of Broad and Pearl streets, that on the southeast corner being Fraunces' Tavern. They were all built about the beginning of the last century by the De Lanceys and French families on the old Van Cortlandt property, were two stories high, with a double pitched roof, and of small, yellow bricks, which it is the habit to call " Holland," though they were not necessarily of Dutch make. No doubt in the earlier days bricks were brought out as ballast in the Amsterdam trading-ships, but there were material and kUns enough in the colony for all its needs. Mention has been made of Colden's fine chariot imported to take the place of that destroyed on the Bowling G-reen. Du Simitiere gives a list of the gentlemen who kept their coaches, chariots or post- chaises, and phaetons in 1770. There were twenty-six of the former, thirty-three of the second class, and twenty-six of the last — a total of eighty-five vehicles — many of these ornamented with the coats of arms of their owners on the panels. Mention has been made of New-York hospitality. It was a tradi- tion from the time of the early Dutch settlement. Good living was the rule, not the exception, in this colony. It would have been shame- ful were it otherwise, for nowhere on this continent, nor perhaps on any other, was there such profusion of native and imported products to dehght the inner man as in the New- York province. What are now termed luxuries were then within reach of the poorest. From the ocean came salt-water fish of the choicest kinds, to which the gentlemen were so partial that in 1763 they clubbed together and built a fishing-smack, the Amherst, which made her first trip to the "Banks" in July of that year. Other combinations followed this so rapidly that the supply outran the demand, and the Amherst was sold. The Shrewsbury Banks, an arm of the Sandy Hook Bay, was the fishing-ground whence the city drew its main supply of sea-fish. The fish were usually brought in alive, and the principal catch was of codfish, sheepshead (that from Gravesend Bay being unequaled in quality), and mackerel. From the Jersey shore also came in great abundance the king-fish, the most esteemed of all varieties by old epi- 1 The ship-yards on the East River were owned nial days, and were the precursors of that later hy the Waltons, and from the hands of their merchant marine which carried the glad tidings skilled designers and builders sprung the saucy of the birth of the new repubUo, with its stari-y fleet of privateers which scoured the seas in colo- emblem of hope, to the oppressed of every clime. 452 HISTOEY OF NEW-YOEK cures ; and the sea-bass, wMcli, always highly prized, has of late years been pronounced by foreigners the very best of our salt-water fish. The Hudson Eiver swarmed with shad in spring, and the striped bass ran in multitudes through the rapid waters of the East Eiver in the autumn months ; while beneath the numerous rocks which underhe its troubled surface, the tautog blaekfish lurked in great numbers. To complete the variety, the Long Island ponds and streams abounded in perch and chub and trout, and the lamper-eel and catfish, dear to the heart of the dark-skinned servants of the day. Gaine's "Mercmy" of May, 1783, reports twenty-three different sorts of fresh fish as for sale in the market on May 26. Twenty years later a list displayed fifty-six varieties. New- York is still famous for its shell-fish, oysters and clams, lobsters and crabs ; but the old Blue Point oyster of the South Bay has dwindled from its once great size to diminutive pro- portions, and the endless varie- ties, each with its own merit of flavor and of flesh, — the Spuyten Duyvil, the Pelham, and the Har- lem Creek, the East River, the Middle Rock, and the Mill Pond (a carefully cultivated kind), — have utterly disappeared because of the disturbance of our waters by the growth of the city and the establishment of factories on the water- line. So also the lobster, which grew to great size about the Black Rock (off Ninety-second street. East River), and has been sold within THE RHINELAiJDER SUGAR-HOUSE. 1 1 It wag erected in 1763 by Bemart R. Cuyler, and its solid, unbroken walls stand as a silent testimo- nial to the honesty of the dead and gone builder. The date and the architect's initials are still to be seen on the side of the building, worked inwrought- iron characters, quaint and old. The Ehinelander family has owned the property since 1790, and much of the land around it has been in their pos- session much longer than that. When first erected the house was used as a sugar-house, but the gi'eat.. interest in the old building is in the memory of the use to which it was put in Revolutionary times. The grated windows, the dungeon-Hke under- ground cellars, the general air of solidity and im- pregnability which impress the observer at first sight, bear out the assertion, which has become a creed among the neighbors, that during the Revo- lution the sugar-house was diverted from its legiti- mate use and turned into a British prison, where many an American patriot suffered not only im- prisonment, but cruelties and starvation. That it must have made a prison of the worst kind was lately to be seen by a look at the forbidding build- ing from Rose street, when the sides facing on that street were exposed to full view by the demoli- tion of the modern structures which had covered them for years. At the present writing the struc- ture is no more. On the side facing toward the east many windows were waUed up during the last fifteen years, but there were still six grated openings left. Three were in the gable and the others along the south side. Underneath them was a great vaulted passageway made of heavy masonry like the whole building. StUl another opening was to be seen alongside of it, haU- hiddeu by rubbish, and the barred outlme of another cell-window also visible after close exam- ination. The key of the ancient prison is still preserved. It is a large affair of wrought iron, about a foot long, and weighs about half a pound. A number of other relics have been found and preserved, among them a heavy iron ax, shaped like a battle-ax, and a coin, inscribed " Carolus III, Dei Gratia, 1791," on one side, and " M. 2 E. F. P. Hispan et Indrex" on the other, was found between the boards of the floor. Editor. NEW- YORK AT THE CLOSE OF THE COLONIAL PEEIOD 453 the memory of the present generation at two cents the pound, is akeady a stranger to our waters. Game, both of flesh and fowl, was in equal abundance. There were deer on Long Island, hares and rabbits in abundance, and the air was thick with wild fowl in the seasons of flight. The elders of the pass- ing generation have seen armies of geese on their southern migration, and flocks of ducks hanging over the Harlem flats, so thick as to cast their shadows on the plain like obscuring clouds ; and woodcock were in abundance in the coverts about Jones's Wood and the line of present Eighty-sixth street. The New- York gentleman who in the colonial days varied his business occupation with a few days' shooting had no lack of sport. Such inveterate Nimrods as Theophylact Baehe, whilom president of the Chamber of Commerce, had their country- seats at Flushing, L. I., in the last half of the past century ; and it is said of them, as the writer has seen of others with his own eyes in the first half of this century, that, starting out with a horse and wagon and a brace of hunting dogs, they would return after an outing to Islip and the Moriches, with a heaping load of game, large and small, partridge and quail, plover and snipe, wild geese and ducks, the beau- tiful pile of variegated plumage sometimes surmounted by the ant- lered carcass of a deer. There is nothing special to be said of the meat staples ; but there was a constant importation of fine stock, and as the pastures of Long Island and of the North Eiver counties were rich of soil, there is no doubt of their quality. In 1761 the standard prices, as established by law, were : beef, 4Jd. per pound ; pork, 5Jd. ; veal, 4Jd. to 6d. ; butter, 15d. per pound; and mUk at six coppers the quart. Bread by the as- size: the price of a loaf of one pound (twelve ounces) was fixed at four coppers. The fine wheat flour of the New- York colony had no superior in the world. Vegetables were in unusual plenty. This was a taste inherited from the Dutch ; the English to this day knowing little of the vegetable as a delicacy, though using it freely as a food. The finer varieties were grown in gentlemen's gardens, which abounded within the city limits. The Harlem flats were prolific in this product. The markets were sup- plied from boats which daily brought in their high-heaped loads from the Jersey flats and Long Island. The asparagus from the Coney Island marsh, long, white, and rose-tipped like a lady's finger, was noted for its peculiar aroma, smacking of its native saline origin. The Bermuda potato was already domesticated : a sample was brought to New- York from Plumb Island in 1748 which weighed no less than seven and one half pounds. Nor was there a less abundance of fruit. By universal consent the Newtown pippin is the king of apples. In the colonial days the golden 454 HiSTOEY or new-yoek variety of this crisp, aromatic fruit bore away the palm. The Dutch were partial to the russet, a variety now rarely found in old-time per- fection. Among pears the Seckel, which grew to perfection on Long Island, was easily the favorite. The constant trade with the English West India Islands kept the city fully supplied with tropical fruit; and in the season the wharves fairly groaned with the weight of the pineapples, oranges, and plantains from Jamaica and St. Eustatius, constituting the deck-loads of the barks and brigs which brought in the sugar and molasses from these sunny isles. The sugar was in- tended for the refineries which the Bayards and the Livingstons, the Cuylers, the Roosevelts, and the Van Cortlandts, had for years con- ducted to their great profit ; ^ while the molasses was for the numerous distilleries which supplied the city and the Indian traders with the staple drink of the century, "Jamaica rum." Rarely was a meeting held of the merchants at their "Long Room over the Exchange"; or of the Whig club of lawyers which met at the King's Arms Tavern, where George Burns kept the Gentlemen's Coffee-house, and plotted to destroy church and state (according to Judge Jones); or of the Social Club at Sam Fraunces', without a bowl of fragrant beverage of which rum was the main ingredient. But this was the convivial, not the customary drink of the day. The flowing bowl was reserved for the tavern, or social gatherings. Madeira, king of wines, reigned supreme at the tables of the gentry. True, there were always to be found the wines of Sicily and the Ca- nary Isles, the red vintages of Oporto and Bordeaux, the bright aro- matic product of the Xeres and Amontillado districts, and champagne occasionally appeared. But for the staple every-day drink, and for the more solemn occasions, — birthdays, majority-days, marriages, and funerals, the only great events of social life,— Madeira, and Madeira only, was the wine ; and the skilful gentleman who looked to his wines as his notable lady to her larder and preserve-room, knew well the process by which, with age and care, he could bring his vintages to each note in the gamut of flavor and delicacy. A gentleman's cel- lar was no sinecure, nor was its construction the affair of an hour or a day. As each vessel laden with the precious freight arrived (the cargo, all in casks, had no distinctive name, but thereafter took that of the year of the vintage alone), the merits of the wine would be tested. Certain vintages became famous: that of 1767 had a reputation equal to that of the later vintage of the comet year. 1 The Livingston sugar-house stood in Crown Hall ; the Van Cortlandt's, on the northwest cor- street (now Liberty), near the Dutch church. ner of Trinity churchyard ; the Roosevelt's, in Many citizens will rememher the stone archway Queen street, near the Walton House ; the Cuy- through which the mails were deUvered from the ler's, later the Rhinelander's, on the corner of Post-oface established in the church adjoining. Rose and Duane streets, has only lately been torn The Bayard's was in Wall street, close to the City down. 456 HI8T0EY OF NEW-YOEK One cask or more were selected, duly cellared, and kept in the wood. One cask only was drawn from during the first year. The next year a second purchase was made. The partly emptied cask was filled from the new purchase ; the third year the process was repeated, the new wine being used every day, and the predecessors, in the order of the importance of the occasion, according to their ages. In due time the older wines were drawn off in demijohns, or sometimes bottled. The lees of the casks served as a base for the Jamaica rum, and gave it a wonderful aroma. But only ample cellars could afford this degenerate use. The cellars took the names of their owners when, by some luck- less hap, they came to the vendue-room — a rare fate. The vintages treated by wine-merchants later took the names of the vessels by which they were received. Instances in a not remote day must be fa- miliar, as the Essex, Jr., the Juno, and the Brahmin Madeiras were all from the same vineyard, and brought in by these vessels, while the Farquhar, the Bingham, and the Paulding Madeiras took their names from the owners of the respective cellars ; the March and Benson, from the importers; the Monteiros, from the grower; the Metternich, from the origin of the grape. All these, however, are modern fashions. There is no trace of them in the colonial days. Let us now look for a moment into the manner of life and amuse- ments of our forefathers. Their habits were regular, or rather theit hours were regular. They rose early, if not with the sun, and had an hour or more at their office or stores, which, before the Revolution, were usually under the same roof as their dwellings ; and after a visit to the market, which no head of a New- York house ever omitted, breakfasted in a hearty manner. The dinner-hour was from one to three, and the tea at nightfall, what to-day would be called " high tea." A supper invariably followed at the tavern, or coffee-house, where ale or punch was drunk, crabs were picked out, or escaUoped oysters (a favorite dish) eaten, and pipes smoked in the winter; or in the summer lighter beverages, with fruit or ices, consumed at the tea- and mead-houses, the Eanelagh or the Vauxhall, on the outskirts of the town. For the high gentry, the English officials, and those of the colony in particular who had country estates in the neighborhood of New- York, racing was the chief delight. New-Yorkers of to-day will open their eyes when they are told that in 1742 a race was run on the Church Farm, not a stone's throw to the northwest from where the present Astor House stands ; and that here in 1750 — five horses run- ning for the October subscription plate — Mr. Lewis Morris, Jr., car- ried away the prize. His horse is not named. It was not the custom then to name horses which had not taken a purse, and this race was open only to horses which had never taken a purse on Manhattan NEW-YORK AT THE CLOSE OF THE COLONIAL PERIOD 457 THE LIVINGSTON SUGAR-HOUSE. Island. The great course was the Newmarket, on Hempstead Plains, an ideal piece of ground for a track, to which, in May of that year, twenty chairs and chaises crossed the ferry ^ the day before the "event," and a far greater number of horses, "and it was thought that the number of horses on the plains at the race far exceeded a thou- sand." The chief racing-stables in the New- York province were those of Morris and De Lancey in Westchester. In 1753 the subscription plate was nan for at Greenwich, on the estate of Admiral Sir Peter Warren, who had died the year previous, and which was now in charge of his kinsman and executor, Oliver De Lancey, a famous sports- man. General Monckton later occupied "Richmond" during his brief stay in this govern- ment. The governor had a fine horse named Smoaker, with which John Leary, the jockey of the day, won a bowl which he would not surrender to Watts, the general's friend, not even under threat of the terrors of the law. Five years later Leary was still tenacious. Besides the Church Farm and Green- wich tracks, there was a third course at Harlem. There were other New-Yorkers keen for the sport: Anthony Rutgers, of New- York, and Michael Kearney, Irish-born, — who married a daughter of LeWis Morris, and was ancestor of the dashing Phil Kearney of military fame, — were thorough sportsmen. The middle and southern colo- nies were not behind in their love of sports. Dr. Hamilton led the patrons of the turf in New Jersey, and Mr. Daniel Dulaney, wlio was also of Irish birth, those of Maryland. The Stamp Act Congress brought together in New- York gentlemen who knew each other well by reputation, but who had never before met in person. In the years that followed there sprung up a great rivalry between the northern and southern colonies. The years 1767, 1768, and 1769 are memorable in the history of the turf. Lewis Morris won reputation for his Westchester stables with his American Childers and Strumpet. In October, 1769, James De Lancey, with his imported horse. Lath, brought home from the Centre course at Philadelphia the £100 prize. The De Lancey stables were the most IThis ferry was from the Fly Market Slip, at the foot of the present Maiden Lane, to the land- ing at BrooUand. Brooklyn was but a hamlet on the road to Jamaica, along which the drovers and farmers gathered. 458 HISTOEY OP NEW-YOEK expensive of any at the north, and from this period to the Eevolution their colors were on every course. A curious instance shows the diffi- culties sportsmen as well as tradesmen had to contend with because of the debased state of the coinage and the irregular values of the cui-rency of the colonies. On the Maryland course, Dulaney made a match with De Lancey for a race for a "struck half -bushel" of Span- ish dollars— that is, by weight. Later the Marylanders declined to stake their money against Yirginia currency at the Leestown course on the Potomac, the Virginia paper having been "counterfeited in a masterly manner." The most celebrated of the races of the stamp-act period was that between True Briton and Selim in 1765, at the very height of the hos- tile feeling against Great Britain. True Briton was English-born ; Sehm, a grandson of the G-odolphin Arabian, was American-born, and had the fleetest foot in the colonies. The race was over the Phila- delphia course and for £1000 stakes. One Waters, who owned True Briton, had challenged the continent, in true British boastfulness of language, to a trial of speed. Samuel G-alloway of Maryland answered his defiance with Selim. The race was hardly a trial of speed, but the matchless Selim bore ofE the honors and the purse. Another True Briton belonging to James De Lancey won Eevolutionary fame. It is said of this animal that Colonel Oliver De Lancey would jump him back and forth from a standstill over a five-barred gate. In 1768, the "teriffic Selim" came to grief with Dr. Hamilton's Figure, a scion of the Duke of Devonshire's Arabian, on the course of Upper Marl- borough, near Newburgh on the Hudson. These are but instances of the trials for speed in which the New- York stables were represented. They serve to show not only the spirit, but the wealth of the period. Racing on the water was not much in fashion, though the gentry had their barges, and some their yachts or pleasure sail-boats. The most elaborate barge (with awning and damask curtains) of which there is mention was that of Governor Montgomerie, and the most noted yacht was the Fancy, belonging to Colonel Lewis Morris, whose Morrisania manor, on the peaceful waters of the Sound, gave fine har- bor and safe opportunity for sailing. There is an interesting account of a boat-race in 1756 by one of sixteen whale-boats (each manned by six men) which arrived in New- York from Cape Cod on the way to Albany for bateau service in the Canada campaign, with a " pettiau- ger " belonging to the city. The Cape Cod men won the wager with ease, much to the chagrin of the townsmen. There were other less humane sports: bull-baiting, bear-baiting, and cock-fighting. A bull was baited in 1763 by the keeper of the tavern under the sign of the De Lancey Arms, in the Bowery Lane. Bulls were baited at Bayard's Mount, the elevation near the corner of Mul- NEW-YOEK AT THE CLOSE OF THE COLONIAL PERIOD 459 berry and Grand streets. Bear-baiting became more rare as the animals disappeared from this neighborhood. Cock-fighting was a more aristocratic pastime. The De Lanceys were patrons of this cruel sport, one to be traced to an English origin, but hardly less cruel than the old Dutch and New Netherland custom of "pulling the goose." Good fighting-cocks were advertised in the New- York papers, as were cock-gaffs of silver and steel ; and the sign of the Fighting- Cocks long hung in such an aristocratic neighborhood as next door to the Exchange Coffee House. In 1763, however, it had been removed to a tavern at the Whitehall Slip. Shrove Tuesday was the day for the pitched mains. This sport lasted well into this century as a pub- lic amusement. Again, fox-hunting was a favorite pastime, both in the Pennsylvania and the New- York colony. There were foxes on this island, but the less broken grounds of Long Island afforded better running, and by permission each year three days' sport was had on the Flatland plains, the huntsmen meeting at daybreak during the autumn racing-season. That the sport offended some gentle natures appeared by a letter from a female, published before the Eevolution, which closes with the delightful satire, A fox is MUed by twenty men, Tiiat fox perhaps had. killed a hen; A gallant act no doubt is here ! All wicked foxes ought to fear When twenty dogs and twenty men Can kill a fox that MU'd a hen. The side-shows afforded entertainment to a different class. There is notice of a panther, seven feet long, which leaped from a window into the street, in July, 1732, and was finally shot; but whence it came no man knew. In 1751 there was advertised to be seen at the house of Mr. Edward Willett, at Whitehall, a creature called a Japanese, of about two feet high, his body resembling a human body in all parts except the feet and tail: price, one shilling; children, ninepence. In 1765 there was to be seen at the house of Mr. Edward Barden in the Fields, at the sign of the King's Arms, a white girl, aged thirteen years, born of black parents; she is styled a "white-negro." And at the same place there was advertised to be sold " a likely negro man who can play very well on the French Horn and Trumpet, fitting to wait on a gentleman." In 1751 the town was invited to see, at the house of John Bannin, next door to Mr. Peter Brower's, near the Dutch church, "a curious live porcupine of various colors; a creature armed with darts, which resemble writing pens though of different colour, and which he shoots at any adversary with ease when angry or at- tacked, though otherwise of great good humour and gentleness." In 460 HISTOET OF NEW-YOEK 1755 Captain Seymour arrived in New-York in the ship Fame in eight weeks from Cadiz. He brought with him a young lioness which he took on board at Gibraltar. He also brought from. the African coast two ostriches, "fowls of that country," but they died on the voyage. In 1754 a living alligator, full four feet long, was shown for sixpence. In December, 1759, at the sign of the Ship-a-Masting, at the upper end of Moravian street, near the back of Spring G-arden, there was advertised to be seen " a wild animal lately brought from the Missis- sippi, called a Buffalo." Occasionally yoiing elks were on exhibition. Of shows of another variety there was in 1755, at the house of Adam Vandenberg in the Broadway, a musical machine which represented the tragedy of "Bateman." The showman was Richard Brickell, a VIEW OF BROAD STREET AND THE CITT HALL. famous posture-maker, who took the theater in Nassau street for a display of "his dancings and tumblings." Anthony Joseph Dugee, who in 1753 announced himself as "late an apprentice to the Grand Turk Mahomet Caratha," danced at Vandenberg's garden " on a slack rope scarcely perceptible, with and without a balance," a measure which had given the greatest satisfaction to the King of Great Britain. Wax figures were exhibited by Martha Gazley as early as 1731. They were of fruit and flowers ; but a more ambitious effort was made in 1749, when "the efBgies of the Royal Family of England, and the Empress Queen of Hungaria and Bohemia," with the play of "Whit- tington and his Cat," were the features of entertainment. In 1739 there was given in Holt's Long Room " a new pantomime in grotesque NEW-YOKK AT THE CLOSE OF THE COLONIAL PEEIOD 461 characters, called " The Adventures of Harlequin and Scaramouch." Punch's opera, " Bateman, or the Unhappy Marriage," with a fine dia- logue between Punch and his wife Joan, acted by "a set of lively figures late from Philadelphia," was given in 1747 at the sign of the Spread Eagle, near Whitehall Slip. The circus, with Mr. Faulk's noted performance in horsemanship, appears in 1771. The solar or camera-obscura microscope, and David Lockwood's unparalleled musi- cal clock, which " had been shown twice to the King in his royal palace of St. James," delighted and instructed the town in 1743. A micro- cosm, or the world in miniature, was displayed at the New Exchange in 1756. A panorama of the battle of CuUoden was exhibited in 1750. A grotto with a " Statue of Mars within pointing to Q-eneral Amherst a short distance away, as meaning, 'Behold a living hero!'" was the curiosity of the neighborhood of the Bowling Green, being shown in the house next door to Mr. Rutherf urd's, in 1762. In 1763 the city of Malaga in miniature was exhibited opposite the Old Slip, and in 1764 a model of the city of Jerusalem, as Josephus describes it, was on view opposite " the Honorable John Watts' Esqr. near the Exchange." Experiments in electricity were given at the assembly-rooms of the City Arms in the Broadway by William Johnson in 1768. These notices have been given somewhat in detail as showing the manner in which localities were indicated in the days when street numbers were unknown, and signs appearing to the eye were the only guides. The theater opened, as has been stated, in 1750. The performances continued, with occasional interruptions, till August, 1773, when the depression arising from the political situation brought all public and most private entertainments to a close. The public balls were given at the principal taverns. After the middle of the century the long room at the City Arms on the Broad- way was the favorite dancing-hall. The most minute account of the dances appears in the notice of the ball in honor of the Prince of Wales's birthday, in 1735, at the Black Horse Tavern, near the Old Dutch church. The ball opened with French dances, — the gavotte, the minuet, the courante, and the chacone, — all somewhat grave in their movement, and therefore suited to the stiff-starched fashion of both female and male attire. After this Mrs. Norris led down the country- dances. She was a daughter of Colonel Lewis Morris, and had mar- ried Captain Norris of H. M. S. Tartar, second son of Admiral Sir John Norris, an officer on the Atlantic station. Dancing assemblies met also at the City Arms once a fortnight during the gay season. In 1763 Charles McEvers and C. Duane were the managers. Con- certs, instrumental and vocal, were given here also. In 1765 Mr. Hulet announced a concert, and that " the first violin would be per- formed by a gentleman lately arrived," and a solo by the same hand 462 HISTOEY OF NEW-YOEK (evidently an amateur), the other instrumental parts by gentlemen of the town. The dancing assembly was an idea of Edward Willett, the host of the Province Arms, and the subscription to each meeting was eight shillings. A word as to costume. The day habits were plain enough, as the gentlemen were all busy and the housewives had no idle time on their hands in a population whose chief occupation seems to have been eat- ing and drinking ; but the evening dress was always of the very latest St. James cut. The men wore long-waisted coats of velvet, silk- or satin-lined, silver- or gold- embroidered, buttons of precious metal, cuffs and jabots of rich Flemish or Spanish lace, long waistcoats of brilliant pattern, small-clothes, silk stockings, and diamond- or paste- buckled shoess their gloves were white dressed leather, with lace trimmings; they had wigs or perukes; they carried cocked hats, and wore silver-hilted swords, which hung from richly embroidered sashes. In a word, they could ruffle it with the best of their English cousins. The ladies dressed their hair low or high according to the latest mode, wore stiff laced bodices, skirts with deep panniers, hooped petticoats of considerable width (though not as vast as those of the London dames, which blocked the passages), high-heeled colored shoes, and, later, slippers of dainty satin or white dressed kid. They carried fans of the latest pattern. The stuffs were rich, and heavily brocaded in bunches of gold and silver of the large English pattern. By day they were simple as Cinderella at the chimney-corner. Their gowns were of plain, sensible material, woolen or calico, made short, with aprons of linen; their hats small, their hoods quiet, and at home always a muslin cap. There was a vast variety of dress-goods from which to select, shipped from the four quarters of the globe. Of this we may judge from the first advertisement of Mr. Isaac Low, one of the leading dry-goods importers. On November 6, 1766, he announced in Holt's "New- York Journal" that he "has just imported an assort- ment of goods suitable to the season, consisting of coatings, broad- cloths, flannels, embossed serges ; Paris-fans and half sticks, spotted ermine shalloons, satinets, callimancoes, oznabrigs, sheeting; Russia drilling donlass, garlix Callicoes, cottons, camb ricks, lawns; both muslin taffatus, Persian cotton lungee and new silk romalls, bandan- noes and women's gloves ; worsted and cotton hose, &c., &c. which he will sell on the most reasonable terms at his store, between the Exchange and Coenties market. Imported since the above : A fresh assortment of beautiful checks and callicoes from the fountain head; Scots handkerchiefs, bed bunts, bed ticks, gartering, binding, &c." In 1768 he advertised flowered petticoating, silk corsets and Damascus silk Lorettos, silk burdets and dressed deerskins. Surely, as Judge Jones implies, these were times of Arcadian sim- NEW-YOEK AT THE CLOSE OF THE COLONIAL PEEIOD 463 plicity, days wlien, as our modern satirist would say, "Miss Flora McFlimsey had notMng to wear." Eicliard Norris, stay-maker from London, in 1771 advertised "all sorts of stays turned and plain, thick or thin, straw, cut French hips and Glerman jackets after the newest and best manner." Any ladies uneasy in their shape he like- wise fits without any incumbrance, all " by methods approved by the society of Stay makers in London." Rivington, the printer, adver- tised " Coque de pearl necklaces, hair pins, sprigs and ear rings set round with marquisates in a new taste: fine paste and stone shoe buckles from thirty-five shillings to ten pounds and lockets for the sweet remembrance from four shillings to three pounds." Nor were the men, like our German second cousins, willing that the fair sex should have all the glitter, as similar notices show. John Still, " an honest barber and peruke maker from London," who lived in Rosemary, an- nounced, in 1750, "Tyes, full bottoms. Majors, Spencers, Fox tails, Ramalies, Tucks, Cuts and bob perukes" — quite a variety of head- gear ; also " Ladies' Talematongues and Towers after the manner that is now worn at court." The military costumes were brilliant. Scar- let with blue facings was the army color. Blue and white were given to the navy by George II. — " George the Victorious," as the loyal colonists called their fortunate king. The working-classes wore fus- tian or homespun stuffs, short coats or tunics with knee-breeches of corduroy, woolen stockings, and felt hats or caps of ordinary fur. The negroes affected color and wore garbs of not different pattern, but of motley hue. Until 1762 the streets were lighted only by lanterns suspended from the windows, but in this year public lamps and lamp-posts were set up in the thoroughfares and lighted at the public expense. These were protected by a heavy fine inflicted on any one doing damage, as happened at the hands of the soldiers in the violent times of the stamp act. In this same direction the merchants proved themselves alive to their interests, by petitioning the assembly, in 1761, for the erection of a lighthouse at Sandy Hook. The funds were raised by lottery. It was completed and lighted for the first time in June, 1763. The latitude of the flag-bastion at Fort George was established for the Chamber of Commerce in October, 1769, by David Rittenhouse, one of the most celebrated scientific observers of the day. The year 1768 has been selected as the central point about which to group the features of this local picture. It was a year of hope and promise. In this year the Chamber of Commerce, the first mercantile institution on the continent, was founded. Campbell, in his cele- brated "Political Survey of Great Britain," thus describes the city: "The City of New -York is seated in 41 d 42 m north latitude. _ The road before it though inconvenienced with ice in very hard winters 464 HISTOEY OF NEW-YOEK is notwithstanding always open — this with other circumstances ren- ders it a place of great resort and a very extensive commerce. They export to the West Indies bread, peas, rye, meal, Indian corn, horses, sheep, beef, pork and at least eighty thousand barrels of flour ; their returns are rum, sugar and molasses. They send provisions to the Spanish Main. They have a considerable share in the log wood trade; wheat, flour, Indian corn and lumber they send to London and Ma- deira. They have also a correspondence with Hamburg and Holland which A. D. 1769 amounted to 246,522£. In the succeeding year the ships entered were 196, sloops 431 ; cleared outward, ships 188, sloops 424." In the plan of New -York surveyed in 1766 and 1767 by Bernard Eatzer, the most northerly street on the west side of Broadway was Eeade street ; on the East Eiver side, Catharine street. The line of Division street in the Out Ward stopped at Arundel street, and the line of the Bowery left its last laid-out cross-street at Bullock (now Broome) street. On the west side the road to Grreenwich passed the estate of Gr. Harrison, Esq., the foundry, Lispenard's estate on the Lispenard meadows, the estate of Abraham Mortier, paymaster-gen- eral of the royal army from 1758 to 1761, afterward known as Rich- mond Hill, and the estate of Lady Warren, widow of the admiral. In the rear of this property an inner road communicated with the estate of Oliver De Lancey, which was called the Monument Road because of a monument erected at its upper end to General Wolfe, the hero of Quebec. De Lancey's seat was on the river-side, and below this, in the order named, were those of William Bayard and of James Jauncey. The only seats situated on the East Eiver side above Corlaer's Hook, or Crown Point Bend, and above the salt meadows, were those of Nich- olas Stuyvesant, Gerard Stuyvesant, Peter Stuyvesant, J. Keteltas and John Watts; and within, on the Bowery Lane, going north- ward from the city limits, the property of James De Lancey on the right, of Dyckmau, Herring, and Andrew EUiot on the left, and of T. Tiebout and James Duane on the right. James Duane's farm was on the site of the present Gramercy Park. In his references Eatzer names Fort George, seventeen churches, one synagogue, the City Hall, the Exchange, the prison (which stood on the common), the college, the theater, flve markets (Fish, Old Slip, Fly, Peck's, Oswego), the upper barracks, the powder-house, the Jews' burial-ground (still at the head of Chatham), the lower barracks, and the artillery stores. The closely settled portion lay in the triangle from the North Eiver at Eeade street to the East Eiver at Catharine street. Yet, though small, as Colden wrote to the home government, New- York was already the center of opinion as much as she was the strategic center of the continent. NEW-YOEK AT THE CLOSE OF THE COLONIAL PERIOD 465 LETTERS OF ALEXANDER MACKRABY TO SIR PHILIP FRANCIS. New York : 4t]i June 1768. Dear Brother : . . . I am but just arrived, and find a ship on the point of saihng for London. I have Httle to say, but that I have been eat up almost by mosquitoes on the road. You must have felt the venom of those cursed insects in Portugal. I am so mauled that I don't know if my legs will be fit to appear in pubUe tomorrow ; if they should, I wait upon the General and Captain Maturin. I shall likewise deliver your letter to Mr. Atche Thompson, who is a considerable merchant here. I was very for- tunate in my company hither. I came with a young gentleman of one of the first families in the city, who has lately married a very pretty agreeable girl in Philadel- phia ; so I shall get into parties both male and female while I continue among them. We met Captain Francis upon the road, but I did not know him. I hope to see him in less than a fortnight in Philadelphia. His character makes me very desirous of an acquaintance with him, and I am not upon bad terms with his family. This is an advantage I have to thank you for, as well as for almost every other which does me credit on this side of the water. . . . The devil take my bank-book, and the man who picked it up ! I wish he was bitten all over with mosquitoes, and that 1 had the scratching of him ! You will certainly be right in making a purchase of lands in America, and no time so proper as the present. They are to be had at a lower rate now than could have been at any period for years past, owing to the extreme scarcity of money. Your coz., the Captain, I dare say, is a good judge of situations. This is a better place for company and amusements than Philadelphia ; more gay and lively. I have already seen some pretty women. You may tell my sister that I get acquainted with famihes, and drink tea, and play at cards ; and go about to assemblies dancing minuets. I shall hardly get any dan- cing here. It is growing very hot, and Sir Harry Moore is gone back into the country ; they say land jobbing. 1 am stunned with the firing of g^ns and crackers, on account of the King's birthday ; all the town illuminated. The General makes all the of&cers in the town drunk at his house. . . . New York: 13th June 1768. ... 1 am upon the point of returning to Philadelphia, and shall set out tomorrow. The novelty of this place made me think it more enchanting at first than 1 now find it. As to its situation, it affords nothing extraordinary but the North river, which is navi- gable for large sloops 170 miles up the country, and by its junction with smaller streams, opens a vast communication with the interior parts. This, you know, is a great advantage, and makes lands above much more valuable. Our river at Philadel- phia, tho' a mile broad at the city is not navigable more than thirty miles above it. With regard to the people, manner, living, and conversation, one day shows you as much as fifty. Here are no diversions at all at present. The plays are over, and I told you some time since the cause of there being no assemblies. I have gone dining about from house to hous^' but meet with the same dull round of topics everywhere — lands, Madeira wine, fishing parties, or politics, make up the sum total. They have a vile practice here, which is peculiar to the city : I mean that of playing at back-gammon (a noise I detest), which is going forward in the public coffee-houses from morning till night, frequently ten or a dozen tables at a time. I think a single man in America is one of the most wretched beings I can conceive, yet our friend Atchy Thompson is still a bachelor ; but he talks of going to Europe immediately upon the return of his partner, I believe to settle in Ireland or London. He is a good-natured youth, and I believe in a very good way. . . . I waited on General Gage, and had the honour of some conversation with him. It was lucky I went at the time I did, as he has been out of town almost ever since. Vol. II.— 30. 466 HISTOEY OF NEW- YORK So lias Captain Maturin ; but lie paid me a visit this morning, and witk the extremest politeness told me how much he was concerned at my departure ; that he hoped to have had the honour of seeing me at his house : that he will be always proud of an opportunity to show any civilities to Mr. Francis's friends, and that I may depend upon his forwarding my letters constantly. In fact, he is a very agreeable well-bred man, and his lady a pretty woman. I wish I could have been better acquainted with him, which I certainly will, whenever I come to New York again. . , . I live a tolerably jolly hJe, but I see no prospect of getting rich. Plague take this subordination. I want to make a ramble about 200 miles up the country. Sir Wil- liam Johnson holds a congress of a vast number of Indian tribes. Governor is going up thither, and a great many strangers. I have a violent curiosity to see something of that nature. . . . Heavens! what an immense country this is ! 15th June (1768). I am here still. There never was such uncomfortable weather. So uncertain is this climate, that in the morning you may wear a suit of cloth cloathes, at noon sit in your shirt with windows and doors open, and in the evening of the same day, wrap yourselves up in a fur cloak. . . . Among the many disputes in this and the more northern parts of America, the religions are not the least. The zealous members of the Church of England are full of apprehensions at the great and growing power of the Presbyterians. Don't imagine that I mean in any matters that regard salvation ; that affair might have been left to shift for itself at doomsday. The alarm was taken at an election lately ; since which the parties have raged with tolerable violence. The Church people, conscious that the Presbyterians, who have the appointment of their own ministers, must always out- number them, are desirous of having some person here vested with the power of ordi- nation — but they don't hke a bishop, nor ecclesiastical courts, in short, they don't know what they want. You remember Dean Swift was to have been made Bishop of Virginia. The Presbyterians should not be allowed to grow too great. They are all of repubhcan principles. The Bostonians are Presbyterians. . . . RESIDENCES AND STOEES OF THE MEECHANTS OF NEW-YOEK, 1768. (From Holt's " New-Yot-h Journal" and Gaine's "New-York Mercury.") Alexandee, Robert. See Thompson & Alexander. Allicocke, Joseph, Wines, Spirits, Groceries; " Corner House fronting Wall and Queen Streets, where Mr. Peter Remsen formerly lived " ; removed May, 1769, to " the House in Wall Street wherein Thomas William Moore lately lived," Alsop, John, General Importing Business ; Store in Hanover Square. Amibl, John, General Groceries ; Store in South Street, nearly opposite Mr. Augus- tus Van Home's. Bayard, Samuel, Jr., Importer of European and India Goods ; Store in Queen Street. Bache, THEOPHYiiAOT, Importer of European and India Goods ; owner of ship Grace, William Chambers, Master — Bristol Trader ; Hanover Square, South Side. Bebkman, Gerard William, Importer of Dry Goods ; House in Dock Street. Beekman, James, Importer of European and India Goods; Store in Queen Street. Bogart, Henry C, West India Goods ; Smith Street, next door to Mr. Robert Ray's, near Old Dutch Church. Booth, Benjamin, Importer of European Goods ; " Store near the Fly Market and the Ferry Stairs in the Street leading from thence to the Coffee House ; removed February, 1769, to the large new store of Mr. Peter Clopper, near the corner of Maiden Lam, at the upper end of the Fly Market." NEW-YOBK AT THE CLOSE OF THE COLONIAL PERIOD 467 Beevoort, Henry, Iron Mongery, at the " Sign of the Frying Pan," Queen Street, between the Fly Market and Burling's Slip. Buchanan, Thomas. See Walter and Thomas Buchanan. Buchanan, Walter and Thomas, Importers from England and Scotland, Dry Goods, &c. ; Queen Street, near the Fly Market. CORSA & Bull (Colonel Isaac Corsa and Joseph Bull), Importers ; Shop near Peck^s Slip. Ceuger, Henrt and John, Shipping Business ; Owners of Bristol Traders ; Grugerh Dock. Ceu&ee, John (late Mayor), of Henry and John Cruger; House opposite to Mr. Lett's in Smith Street. Cruger, John Harris, Importer and Shipping Merchant, English and West India Trade ; near the Exchange. Desbrosses, Elias, Importer of European Goods ; Corner House, late Major Van Home's, two doors from Abraham De Peyster's, between the Fly Market and Merchants^ Coffee House. DuTCKiNCK, Geraedus, Drugs, Medicines, Stationery, " The Universal Store," at the " Sign of the Looking Glass and Druggist Pot,'' Dock Street, Corner of the Old Slip Market. Polliott, George & Co. , Importers of European Goods ; Dock Street. Franklin, Walter & Co., General Shipping and Importing Business ; Store in Wall Street. HoEEMAN & Ludlow (Nicholas Hoffman and Gabriel H. Ludlow), Vendue Masters ; Dock Street. Keteltas & Sharpe (Peter Keteltas and Richard Sharpe), Clerks of the Old Insur- ance Of&ce at the Coffee House. Kemblb, Samuel, Captain ; Commander of Snow General Gage, London Trader. Laight, Edward, Iron Mongery and Cutlery ; St. George's Square, opposite the Hon- orable William Walton's. Lispenaed, Leonard, Jr., at the " Brewerie '' on the NoHh Biver. Livingston, Philip, General Importing Business ; " Store on the New Dock (Burnefs Quay), near the Ferry Stairs." Low, Isaac, General and Importing Business, Beaver Skins, &c. ; Store between the Goenties Market and the Exchange. McAdam, William, General Importer; Smith Street, near the New Dutch Church. McDavitt, Patrick, Vendue Master ; Comer of King Street, opposite Alderman Desbrosses'. McDonald, Alexander, Captain; Importer of Dry Goods, Madeira Wine, &c., " near the Merchants^ Coffee House." McEvEES, Chaeles, Importer of European and India Goods ; Successor to James McBvers, Hanover Square. McEvEES, Jambs, Importer of European and India Goods ; Hanover Square. Marston, Thomas and John, General Merchandise. Miller, Thomas, Captain ; Commander of ship Edward, London Trader, at Mur- ray's Wharf. MooEE, Thomas William, Importer and Vendue Master. See Moore & Lynsen. Store in Wall Street, near the Coffee House. MoOEE & Lynsen, Vendue Masters (Thomas William Moore, Abraham Lynsen) ; dissolved May, 1769 ; Wall Street. Mooee, Lynsen & Co., Vendue Masters (Thomas William Moore, Abraham Lyn- sen, Daniel McCormick) ; Wall Street. MuERAY, Robert, Shipping Merchant ; Store on Murray's Wliarf. Neilson, William, Importer of Enghsh Dry Goods ; Store in Great Dock Street. 468 HISTORY OF NEW-YOEK NicOLL, Charles, Wine Importer, at the White-Hall. Phbnix, Daniel ; House fronting on Burnefs Street, adjoining house where Mr. James De Peyster lives. Ramadge, Smith, Dry Goods Importer ; Queen Street. Ramsay, John, Dry Goods Importer; near the Fly Market. Randall, Thomas, Captain ; Pearl Street. Rapalje, Garrett, Dry Goods Importer; opposite the Fly Market; Brew House (William Faulkner, Rem and Garrett Rapalje), Brookland Ferry. Readb, John, Importer of European and India Goods, Shipping; Store, Corner of Wall Street, fronting Queen Street. Reade & Yates (Laurence Reade and Richard Yates), Importers of European and East India Goods ; Store, Wall Street. Remsen, Henry, Jr. & Company, Importers of Dry Goods, Prints, &c. ; Store in Hanover Square. Remsen, Peter, General Importer of Dry Goods; at the Corner of King Street. Roosevelt, Isaac, Sugar Refiner ; Wall Street. Sears, Isaac, European and India Goods, Anchors, &c. ; Queen Street. Seton, William, Importer of Dry Goods, European and India Goods; Store on Crugerh Dock. Sharpe, Richard, New- York Air Furnace Company (Gilbert Forbes, Peter T. Cur- tenius, Richard Sharpe, &c.). See Keteltas & Sharpe. Shbrbrooeb, Miles (Perry, Hayes and Sherbrooke), General Importers ; Bayard Street. SmsoN, Sampson (Sampson and Solomon Simson), Shipping, Groceries, &c. ; Store in Stone Street. Taylor, John, European and India Goods ; Hanover Square. Templeton, Oliver (Templeton & Stewart), Vendue Masters; opposite the Coffee House Bndge. Thompson & Alexander (Atoheson Thompson and Robert Alexander) , Importers of Bottled Beer, Irish Beef, and Wines ; Great Bock Street, near Coenties Market. Thurman, John, Jr., General Importer Dry Goods, West India Produce ; Wall Street, the corner of Smith Street. UsTiCK, William, Hardware Merchant, NaU factory (William Ustick, Hubert Van Wagenen, Henry Ustick) ; " Sign of the Lock and Key," between Burling^s and Beek- man^s Slip. Van Dam, Anthony, Importer of Wines, and Shipping Agent ; Store in Dock Street ; Secretary of the New York Insurance Company, Merchants'' Coffee House. Van Horne, Augustus, European and India Goods ; Smith Street. Van Zandt, Jacobus, General Importing Business, Dry Goods, Groceries; Botten Bow, near the Coffee House. Verplanck, Samuel, General Importer European Goods ; House in Wall Street. Waddell, Robert Ross (Greg, Cunningham & Co.), Shipping Merchants and Im- porters; Hunter's Quay. Wallace, Hugh and Alexander, Importers from Ireland, Linens, &c. ; " Counting House in Burnefs Street.''' Walton, Jacob and William ; Ship Yard on the East Biver. Walton, William (See Jacob and William Walton) ; Residence, St. George's Square. Watson & Murray (Jacob Watson and John Murray), General Importers of Euro- pean and India Goods, West India Produce ; near Burling's Slip. Wetherhead, John, Importer ; Store near the Bowling Green, in the Broadway. White, Henry, General Importer ; Cruger's Dock, fronting the East Biver. Removed May, 1769, to the late Treasurer's (Abraham de Peyster), between the Fly Market and Coffee House. EXPLOIT OF MARINUS "WILLETT. CHAPTER XIII NEW-YOEK DUEING THE EEVOLUTION 1775-1783 ^W^^ N 1775 the city of New-Tork contained about twenty-five lli^ thousand inhabitants. Its territory, within the limits of HB^^ the " corporation," comprised that part of the island of Mi^^^l Manhattan lying south of what is now Broome street, :rom Broadway (then Grreat George street), on the west, to Divi- sion and Suffolk streets, on the east; but it was closely built up only below a line passing through Eeade street and extending to the foot of Catharine street, East River. North of Broome street were meadows and groves of trees, interspersed with farm-houses or the country-seats of large landed proprietors. A German traveler^ thus described the spot soon to become the center of operations during a long and tedious war : " The Island of New York is the most beauti- ful Island I have ever seen. No superfluous trunk, no useless twig, no unnecessary stalk can here be found. Projecting fruitful hiUocks surrounded by orchards, meadows and gardens, full of fruit-trees, and single ones scattered over the hills, with houses attached, line both sides of the river and present to the eye a beautiful scene. The 1 "Letters of Hessian Officers" (William L. Stone), New-York, 1891. 469 470 HISTORY OF NEW-YOEK EARLY PLAIT OP THE FOET.l houses, which are two stories high and painted white, are encircled by a piazza and have a weather-vane on top. They are also surrounded by beautiful walks and are built and furnished in the best of taste." In the city proper the buildings were generally of brick, or of wood with brick fronts, and occasionally entirely of stone. The prevailing architecture was English, although some excellent specimens of the Dutch type, with gables to the street, were to be seen, relics of the times of Stuyve- sant the irascible. Then, as now, " the Broad Way" was the central thoroughfare, the streets diverging from it (with the excep- tion of "the Boston Eoad") being as a rule narrow and poorly paved; beyond Reade street it lost its metropolitan dignity and degenerated into "Great George street." At intervals on both sides of Broadway were young poplar- and elm-trees, planted with sentry-like precision and giving a fresh and suburban look to the most closely built section. At the foot of Broadway, from the time of the Dutch purchase, had been established the seat of authority. There was also the first defensive work for the harbor, which, after passing through a series of chris- tenings at the will of successive conquerors, had finally acquired the patronymic of Fort George. With its outworks it covered the space east of Whitehall street and south of the present Battery Place. The principal work was built of stone, rectangular in shape, bastioned and curtained after the type originated by the great engineer Van- ban, and the earliest to be found in America on the southern Atlantic coast. Within its limits were a number of buildings — the residence of the provincial governor, quarters and barracks for two hundred men, powder-magazines, a hospital, and a chapel. An earthwork extended along the beach-line from Whitehall street to (the present) pier No. 1, North Eiver. The full armament of the fort and water- battery comprised one hundred and twenty guns, en harhette, but at the opening of the Revolution very few were mounted ; all were of small caliber and of more or less antiquity. Captain Montresor of the corps of engineers, British army, reported (1776) that Fort George " seems to have been intended for profit and form rather than for de- fense it being entirely exposed to a fire in reverse and enfilade." 1 " Explanation : 1, the Chappell ; 2, the Gov- work before it ; 15, the Fort Well and Pump ; 16, emor's House ; 3, the Offieers' Lodgings ; 4, the Stone Mount ; 17, the Iron Mount ; 18, the Tower Soldiers' Lodgings ; 5, the Necessary House; 6, Mount-; 19, Two Mortar pieces; 20, a Turn-stile; the Flagstaff and Mount ; 7, The Sentry Boxes ; 21, Ground for additional huUdings to the Gover- 8 Ladders to mount ye walls ; 9, the WeU in the nor's House ; 22, the Armory over the Governor's Fort • 10, the Magazine ; 11, the SaUyport ; 12, the Kitchen." Secretary's Office ; 13, the Fort Gate ; U, a Horn- NEW-YOEK DUEING THE REVOLUTION 471 Less than a hun- dred yards north of the fort, and in the center of Broadway, was the first piece of ground formally set apart by the author- ities to be inclosed as a pleasure-ground ^ under a nominal lease. The first lessees were John Chambers, Peter Bayard, and Peter Jay, for the consid- eration of "one pep- per corn per annum." Forty years after this transaction we find it "a beautiful ellipsis of land, railed in with solid iron, in the cen- tre of which is a statue of his majesty on horseback, very large, of solid lead gilded with gold, standing on a ped- estal of marble, very high."^ Hardly was it to be expected that this modest bit of greensward should escape the " march The accompanying view of New-York in 1776 is from the Hudson River. Editoe. 1" Resolved, That this cor- poration will lease a piece of ground, lying at the lower end of Broadway facing the Fort, to some of the inhabitants in order to be enclosed to make a Bowl- ing Green there, with walks therein, for the beauty and or- nament of said street as well as for the delight of the Inhabi- tants of this city." Resolution, City of New-York, 1732. 2 Diary of John Adams. 472 HISTOEY OF NEW-YOEK of improvement" which lays waste as it advances; and yet to-day it meekly holds its own, a miniature oasis amid towering pyramids of brick and marble. Even then there were the germs of a tasteful architecture in the city. Beginning with No. 1 Broadway (whose owner, Captain Archi- bald Kennedy, E. N., afterward Earl of Cassilis, occupied Bedlow's Island in summer), we find a landmark almost as imperishable as Bowling G-reen. Under its roof, soon after, lived Lord Howe ; there honest old Putnam entertained a fair British spy, and noisy but thrifty "King" Sears rested awhile from his turbulence. Next door was the dwelling of John "Watts,^ prominent in the provincial coun- cil ; his neighbor was Eobert Liv- ingston,^ the father of the famous chancellor, while fourth in the row came the Van Cortlandts ; on the opposite side was the handsome house of Sir Edward Pickering, Bart. The west side of Broadway has always been the popular one ; then most of the houses had gar- dens extending to the river, which afforded a beautiful view from the balconies on that side; across the street there were few if any im- portant dwellings, but shops were numerous. Other handsome residences were those of Leonard Lis- penard, near Laight street; George Harrison, on "theEoad to Green- wich " ; Abraham Mortier, the British paymaster, of " Eichmond Hill " . (Varick and Charlton streets) ; and Lady Warren (widow of Admiral Sir Peter Warren, E. N.), whose gi-ounds were bounded by Charles, Perry, Bleeekei', and Fourth streets. Other country-seats were those of the De Laneey, Bayard,' Clarke, Murray, Scott,** Jauncey, Keteltas, PHILIP LIVINGSTON'S TOMB. 1 This house cost Mr. Watts, in 1792, £2,000 ; in 1836 $107,000 was ofeered for it and declined, and in 1858 it changed hands for $37,500. 2 "Mr. [Peter Van Brugh] Livingston is a downright, straight-forward man: sensible and a gentleman : he has been in trade, is rich and now lives upon his income. Philip Livingston is a great, rough, rapid mortal. There is no holding any conversation vrith him. He blusters away: says if England should turn us adrift, we should instantly go to civil wars among ourselves, to de- termine which Colony shovdd govern all the rest." Diary of John Adams, 1774 - 75. 3 "Mr. William Bayard, Mr. McEvers and Mr. Beech are gentlemen who were very intimate with General Gage when he was here. Mr. Bayard has a son and a son-in-law in the army and a son in the service of the East India Company." Diary of John Adams, 1774-75. i John Morm Scott, bom at New- York, 1730 ; died September 14, 1784. Fourth in line of de- scent from Sir John Scott, Bart., of Annam, NEW-YOKK DURING THE REVOLUTION 473 Apthorpe, and Stuy vesant families. Perhaps the most elaborate and expensive house was that of the rich merchant William Walton, — known as "Boss" Walton, — standing on what is now Franklin Square, and described in a previous chapter. A detour from the Walton house by way of Hanover Square to Broad street would, in 1775, have taken us through the seat of trade. There were the warehouses of the shipping merchants and importers^ as well as of the general dealers. Although, as a rule, a man confined himself to the sale of particular wares, as teas, wines, dry-goods, or hardware, yet, occasionally, the features of modern Twenty-third street and of Sixth Avenue, as to a "general assortment," were an- ticipated; and we read, in the advertisements of the day, of one who sold "cables, hemp, and broadcloths for cash or country produce"; of another who was " a tallow-chandler, soap-boiler and dealer in watches, music and jewelry," while a third offered, without fear or favor, " pig- iron, anchors, pot-ash, kettles, negro-wenches and children, horses, etcetera." M. de Crfeve Coeur, an intelligent Frenchman, who visited New- York shortly before the Revolution, said: "I do not think there are any cities on this Continent where the art of constructing wharves has been pushed to a further extent. I have seen them made in 40 feet of water. This is done with the trunks of pines attached, which they gradually sink, fill in with stones and cover the surface with earth. Beaver street, to-day so far from the sea shore, was so called because formerly it was a little bay where these animals made a dike. Nothing is more beautiful, nothing can give to the contemplative spectator a higher idea of the wealth of this City as well as of the nature of a happy and free trade, than the multitude of vessels of all sizes which are constantly tacking in this Bay to leave or to reach the City." At the corner of Pearl and Broad streets stood (and still stands) a famous "house of entertainment," kept by Samuel Fraunces, already frequently mentioned — familiarly known as "Black Sam," from his very dark visage, he being of French West-Indian blood. Sam was the Delmonico of his time, originally noted for the excellence of his pickles and preserves, from the profits of which he was enabled to set county Eoxburgh, Scotland. Graduated at Yale, teapot, napkins of the very finest materials, toast 1746, and became a lawyer; eminent patriot, mem- and bread and butter, in great perfection. After ber of provincial committee and Congress, and breakfast a plate of beautiful peaches, another of brigadier-general New-York State troops, 1776 ; pears, and another of plums, and a muskmelon also member of Congress. " Mr. Scott Is a lawyer were placed upon the table." Diary of John of about fifty years of age ; a sensible man but Adams, 1774-75. not very polite. He is said to be one of the readi- i Among merchants of the time were the f oUow- est speakers upon the continent." "This morn- ing names: Allicocke, Axtill, Beekman, Bancker, lag rode three mUes out of town to Mr. Scott's to Bache, Bowne, Brinckerhoff, Broome, Burling, breakfast — a very pleasant ride. Mr. Scott has Bruff, Curtenius, Cuyler, Duryee, Duyckinck, Far- an elegant seat there, with Hudson's river just quharson, Prankhn, Goelet, Hammersley, Laight, beyond his house, and a rural prospect all around Lie Roy, Livingston, Louden, Low, McEvers, him. We sat in a fine airy entry tUl called into a Ramage, Remsen, Seaton, Ustiok, Van Dam, Van front room to breakfast. A more elegant break- Wagenen, Verplanck, WilUamson, Wilson, et al. fast I never saw — rich plate, a very large silver 474 HISTOEY OF NEW- YORK ' VIEW OF NEW-YORK." 1 up for himself as a publican and caterer to those sinners who enjoyed good old Madeira, pipes, and politics. Here, for a long time and up to the eve of the Revolution, came " the Social Club," ^ the forerunner of 1 This and similar illustrations following are reproduced from views (published about 1783) forming part of the collection at the Augsburg Imperial Academy of Liberal Arts, after copies in possession of a Philadelphia collector. The titles are translated from those in French attached to the originals. It Is obvious, of course, that the artist was guided by what he knew of contempo- raneous architecture in some European capital, rather than by the reality. 2 " List of Members of the Social Club," which passed Saturday evenings at Sam Francis', corner Broad and Dock streets, in winter and in summer at Kip's Bay, where they bmlt a neat, large room for the club-house. Members of this club dis- persed in December, 1775, and never afterward assembled. With comments by John Moore, for- merly of H. B. M. Customs — N.Y. Hist. Soc. CoU. : John Jay (disaffected). Became member of Con- gress, a resident minister to Spain, comr. to make peace, chief justice, minister to England, and on his return governor of New-York — a good and amiable man. Gouverneur Morris (disaffected); member of Con- gress, minister to Prance, &c. Robert R. Livingston (disaffected) ; minister to France, chancellor of NewYork. Egbert Benson (disaffected) ; district judge, New- York, and with Legislature — good man. Morgan Lewis (disaffected) ; Governor of New- York, and a general in war of '12. GuUan Verplanck (disaffected), but in Europe tUl 1783, President of New-York Bank. John Livingston and his brother Henry (disaf- fected), but of no political importance. James Seagrove (disaffected) ; went to the south- ward as a merchant, Francis Lewis (disaffected), but of no political im- portance. John Watts (doubtful) ; during the war recorder of New-York. Leonard Lispenard and his brother Anthony (doubtful), but remained quiet at New-York. Richard Harrison (loyal), but has since been re- corder of New-York. John Hay (loyal) ; an ofElcer in British army, killed in West Indies. Peter Van Schaack (loyal) ; a lawyer, remained quiet at Kinderhook. Daniel Ludlow (loyal) during the war, since Pres- ident Manhattan Bank. Dr. S. Bard (loyal), though in 1775 doubtful, re- mained in New-York — a good man. George Ludlow (loyal) ; remained on Long Island in quiet — a good man. William, his brother (loyal), or supposed so, re- mained on Long Island — inoffensive man. William Imlay (loyal) at first, but doubtful after 1777. Edward Goold (loyal) , at New-York all the war — a merchant. John Reade (Pro and Con) ; would have proved NEW-YORK DURING THE REVOLUTION 475 the " Union," the " Union League," and the " Manhattan," combining as it did the features of all. It was a small and somewhat exclusive organization, and it died of too much politics. But "Black Sam " sur- vived to see many an invading redcoat soothed into peace or profound insensibility under the influence of his good cheer ; to hear many a patriotic toast ; ' to furnish a stirrup-cup to the departing Britons, and to welcome to his table the victorious Washington. Later, Sam became the keeper of the presidential digestion as steward of the offi- cial mansion. We may also call to mind the shot from H. B. M, S. Asia, which opened hostilities in the harbor and a hole in Sam's roof, impelling the patriotic Freneau to indite the lines beginning : Scarce a broadside was ended 'till another began again. By Jove ! It was nothing but fire away Flanagan ! Some thought him saluting his Sallys and Nancys 'TiU he drove a round-shot thro' the roof of Sam Francis. ^i'^/c^ Sc>i-t.J>r y ^<:^^^ /3, /Y^/l7)c^^^ ^ ///7 ^-. c:/a^''-cA/'^^'^^ Other famous taverns there were, notably Burns's City Arms, which disputed with Faneuil Hall the right to the title of the " Cradle of Lib- erty." It stood for many years just above the Van Cortlandt House and opposite the upper end of Bowling Grreen. Its upper rooms were used for select dancing assemblies and special meetings of citi- loyal, no douljt, had not Ms wife's family been The King— better counselors to Mm : (3) General otherwise. Washington and the army under his command: J. Stevens (disaffected). (5) A speedy union on constitutional principles be- Henry Kelly (loyal) ; went to England and didn't tween Great Britain and America : (8 1 May the dis- retum. grace of the rebels against the constitution be as Stephen Eapelye, died in the New-York Hospi- conspicuous as that of the rebels against the House tal. of Hanover : (13) May the enemies of America John Moore (loyal) ; in pubUc Hf e all the war and be turned into saltpetre and go ofC in hot blasts : from 1765. (16) The daughters of America in the arms of her 1 At a dinner given at Fraunces' Tavern to Gen- brave defenders mly : (17) Death and jack-boots eral Wooster by the New- York Military Club, before dishonor and wooden shoes. "New-York there were eighteen toasts, among wMch were (1) Gazetteer," July 5, 1775. 476 HISTORY OF NEW-YORK zens. Here the two hundred principal merchants met in 1765 to sign the non-importation agreement, and here was formed the first com- mittee of correspondence. A less honorable use was made of it as the temporary lodging-place of Arnold after his desertion to the enemy. On the same side, opposite Crown street (now Liberty street), stood the Kings Arms Tavern, a favorite lounging-place for British offi- cers and young American bloods. One of its charms consisted of a broad piazza, in the rear, overlooking the river. Another famous re- sort was Hampden Hall, in the Spring Garden, which covered the ground now bounded by Broadway, Fulton, Nassau, and Ann streets. The house occupied the site of the "Herald" building, and was (1775) the headquarters of the Sons of Liberty. Temples of learning were not numerous, but they were of excellent quality. King's College was, of course, the most important, although at the time but forty students were on its roll. The schools of Bl- phinstone and Murray, the former known as "the English School," fostered by Trinity Church, were among the most noted ; and there was Mrs. Stakes, famous for the grandiloquence of her prospectus,' evidently framed to fit republican tastes. Literature and art, so far as native talent was concerned, were yet unborn. But one public library existed — the Society Library; the college had a working outfit, while private libraries were confined to the limited collections of professional men. Of churches there was no lack. Leading off with the Church of England came Trinity, with its quaint interior, its towering spire, and its rounded chancel fronting the street; St. George's Chapel (Beekman, above Cliff) and St. Paul's, then a comparatively new struc- ture destined to survive most of its contemporaries; the Lutheran (Rector and Broadway) ; Swamp Lutheran (Frankfort and North William) ; Old Dutch (Exchange Place, below Broad) ; Middle Dutch (Nassau and Liberty), where, in 1764, the first sermon in Eng- lish was preached to the congregation; Presbyterian- (Wall, near i"Mrs. Stakes gives notice tliat at May next she teaclies nothing Appertaining to either Thrones expects to move into King street (next house hut or Theatres : For as she never expects any of her one tothe late Doct.Ogilvle). . . . Herplan of teach- Scholars wiU be Kings and Queens, Gods or God- ing, though new, and very different from the com- desses : so she esteems it too gross a misuse of mon methods in use, has succeeded beyond any time, to lavish it on acquirements, which are an other. . . . Among the little Masters under her Care imposition on their senses, while young : and she flatters herself with hopes that the Publick as would be too immoral, as well as impracticable for well as their respective families will receive great them when grown older — She might hint too by advantages — and from the towering Geniuses the way. That her plan is a saving one as there apparent among them, that some will hereafter will be no requirement of Dollars, to pave the high attain to high posts and places of importance in road to ambition, nor exhibition neither, in a government : and that they may fill their stations school where they are taught that merit and not with Dignity and Honour. And among her little fine clothes, makes a fine woman, and that " man- Misses she hopes she will become so famous for ners make the man." " New-York Jom-nal," April erudition and polite behavior, that all who esteem 27, 1775. good rather than fine breeding in a Female, wiU 2 Erected, 1718 ; enlarged, 1768 ; rebuilt, 1810 ; love and admire them. If any should ask her burned, 1834 ; rebuilt and removed (1844) to Jer- meaning in the above distinction it is — That she sey City. NEW-YOBK DUEING THE EEVOLUTION 477 Broadway); Brick Presbyterian (Boston Road and Beekman); Grer- man Reformed (Nassau, near John); New Scots (Cedar, between Broadway and Nassau) ; Du St. Esprit, the ancient Huguenot church; Friends' Meeting House (Liberty, east of Broadway); the Mora- vian (Fulton) ; and, finally, the low wooden edifice under a sail-loft (William, between John and Fulton), used in turn by the Baptists and Methodists. The first Roman Catholic service in the city was held after the Revolution in what had been known as the Vauxhall Gar- den, on what is now Greenwich street, between "Warren and Chambers streets, facing the North River. Visitors to the city in 1775 would naturally have been taken to see some of the public improvements, such as the bridewell — the new stone two-storied jail just completed upon the common (west of the present City Hall) ; the waterworks, in course of construction, com- prising a new well at the intersection of Broadway and Chambers street, with a system of wooden pipes ^ through which the water was distributed to the houses. If it were summer, a jaunt in a two- wheeled chaise over the Monument Drive would be the proper thing — along the line of Park Row and the Bowery to Astor Place, thence westward by way of Greenwich lane (passing Wolfe's monu- ment) to the river road, on the present line of Greenwich street, and back to the point of departure; the tourist having enjoyed the varied charms of woodland and waterside, where now one is wearied with miles of brick and mortar and the roar and grime of ceaseless traffic.^ Winter amusements included sleigh-rides and turtle-feasts, or an evening at the solitary theater in John street, near Broadway. Society was divided into at least three classes : first, the large landholders and rich merchants; second, the ordinary tradesmen, small farmers, and mechanics ; third, the sailors and fishermen, who form a transient and often turbulent element of every seaport. In the first class were found dignity, education, and refinement. In an extract from the letter ^ of a young Hessian officer who visited New- York early in the war time, the reader may perchance recognize the portrait of a fair ancestress. History says the Hessians in America l"Ivisited the Waterworks thatare being made 2 It was not every citizen of good family and to convey water through the city, as that from fortune who chose to possess an equipage in those the wells is very bad ; so that the inhabitants days, as witness a tabulated statement of the prefertobuy water for making coffee out of carts number and description of private carriages in employed in carrying it around the city. The well the city in 1770, with names of owners (see Mr. is forty feet in diameter, and thirty feet down to G. W. Houghton's " Coaches of Colonial New- the surface of the water. In this well is an en- York " ). It comprises only flf ty-two residents gine which forces the water almost to the top, and nine officers of the British army, whose coach- and from thence through a wooden tube up to the houses contained twenty-six coaches, thirty-three top of the hiU, which is a distance of about five chariots, and twenty-six phaetons, rods. At the top of the hill is a pond covering 3 " Letters of Hessian Ofacers" (William L. one quarter of an acre from 8 to 11 feet deep." Stone), New-York, 1891. Diary of an American officer, 1776: Historical Magazine, 14; 315. 478 HISTOEY OF NEW-YOEK were brutal and mercenary. Here is one both graceful and gallant : "The ladies in this vicinity are slender, of erect carriage, and, -without being strong, are plump. They have small and pretty feet, good hands and arms, a very white skin, and a healthy color in the face, which requires no farther embellishment. They have also exceed- ingly white teeth, pretty lips, and sparkling, laughing eyes. In connection with these charms they have a natural bearing, essentially imrestrained, with open, frank countenances, and much native assur- ance. They are great admirers of cleanliness, and they keep them- selves well shod. They friz their hair every day, and gather it up at the back of the head t' 1 into a chignon, at the same time puffing it up in front. They gener- ally walk about with their heads uncovered, and sometimes, but not often, wear some light fabric on their hair. Now and then some country nymph has her hair flowing down be- hind her, braiding it ENGINE OF THE CITY WATEBWORKS, 1776 ^-^J^ ^ p-^^^ ^f rlbbOB. Should they go out (even though they be living in a hut) they throw a silk wrap about themselves and put on gloves. They have a charming way of wearing this wrap, by means of which they man- age to show a portion of a small white elbow. They also put on some well-made and stylish little sunbonnet, from beneath which their roguish eyes have a most fascinating way of meeting yours." The second class included very industrious and intelligent citizens — the real "minute-men" of the Eevolution. Before that struggle they made no pretension in dress, wearing their leather aprons or other garb of avocation at all times. But it would seem that with the declaration that all men are born equal came the desire to demonstrate it by wearing fine clothes. The same observer whom we have already quoted wrote that "the wives and daughters of these people spend more than their income upon finery. The man must fish up the last penny he has in his pocket. The funniest part of it is, that the women do not seem to steal it from them ; neither do they obtain it by cajolery, fighting or falling into a faint. How they obtain it, as obtain it they do, Heaven only knows ; but that the men are heavily taxed for their extravagance is certain." When Lafayette revisited this country, long after the Revolution, he was struck by NEW-YORK DUEING THE REVOLUTION 479 the comparative •uniformity of dress in tlie men he met with on the streets ; nowhere did he see the apprentice's leather apron, and he was forced to exclaim, "But where are the people?" The third class — the rough seafaring folk and loungers along the wharves — furnished reinforcements for the ante-Revolutionary riots. In all cases of tar and feathers and fence-rail equitation they were prompt and skilful. In the rural districts, occasionally, an element of humor softened the treatment of Tories.' The institution of slavery flourished on a small scale ; it had entered the northern col- onies as a West Indian luxury, side by side with rum and molasses ; the negroes made good house- servants, and few New- York households were without at least one ; many families owned four or five. In the pre-Eevolutionary ferment the New- York slaves had not become an element of popular agitation, as in Boston in 1768 ^ and Virginia in 1775. Perhaps the traditions of 1741, when a negro uprising in the city was promptly crushed, were unfavorable to such madness. In fact, the fidelity of these chattels was fully tested, during the war, as substitutes or body-servants for their masters in the field. Nevertheless, at the period at which this chapter begins, the spirit of unrest pervaded every part of the town and every social relation. Trade languished, holidays were ignored,'' the churches were deserted, the taverns were thronged. Staid merchants gathered at the Ex- change on Broad street, and gravely discussed the situation ; excited Liberty Boys "rallied" at Hampden Hall, and waxed wrathful over the latest London or Boston news ; noisy groups of sailormen lounged 1 " Rinderhook, September 28, 1775. A young North America, the following days are to be kept fellow, an enemy to the liberties of America, going and observed as holidays, viz : one afternoon to a quilting, where a number of January 1 New Tear's Day. young women were collected, and he the only man January 18 ... . Queen's Birthday, in company, he began his aspersions on the Con- January 30. . . .King Charles' Martyrdom, gress, as usual, and held forth some time on the sub- Shrove Tuesday. jeet,till the girls, exasperated at his impudence, laid Ash Wednesday. hold of him, stripped him naked to the waist, and, March 25 Lady Day. instead of tar, covered him vrith molasses, and for Good Friday. feathers took the downy tops of flags, which grow Easter Monday and Tuesday. in the meadows, and coated him well, and then Ascension. let him go. He has prosecuted every one of them, April 23 St. George. and the matter has been tried before Justice S . May 29 King Charles' Restoration. We have not as yet heard his worship's judg- June 4 King's Birthday. ment." Rivington's " New-York Gazetteer." Whitsnn Monday and Tuesday. 2 "The several Constables of the Watch directed August 12 Prince of Wales Birthday. by the Selectmen to be watchful of the Negro, September 18 . Landing of King George I. and II. and to take up those of them that may be in gangs September 22 . Coronation. at unseasonable hours : Zachary Johonnet, Esq. October 25 Ascension. Messers. Nathan Spear, WiUiam Foster and others November 1 . .AH Saints. enter their Complaint with the Selectmen against November 5 . . Powder Plot. John WiUson, Esq., of the Fifty-ninth Regiment December 25. . Christmas Day. of Foot, for practising on their Negro servants to December 26. . Christmas Holiday. induce them immediately to enter into a dan- December 27. . Christmas Holiday. gerous conspiracy against their Masters, promis- December 28. . Christmas Holiday. ing them their freedom as a reward." Minutes "To the above may be added the following of the Selectmen of Boston, October 31, 1768. Provincial Days : General Fast, Thanksgiving, 3 Holidays (1774-75): "By order of the honor- General Election, and Commencement at the able commissioners of his majesty's customs in College." "Valentine's Manual." 480 HISTOET OF NEW-YOEK HANGING OP EIVINGTON IN EFFIGY. about the wharves, ready to take a hand in any mischief that brighter brains might concoct. The few redcoats in garrison were kept closely to their barracks to avoid increasing the friction, James Eivington, the editor of the "Gazetteer," one of the principal weekly newspapers, fell under the frown of the Liberty Boys on account of certain paragraphs believed to be detrimental to the patriot cause, notwith- standing the motto at the head of his Jom*- nal, which he announced to be published at his "ever open and uninfluenced press." For this offense he was hung in effigy at New Brunswick, N. J.^ This seems to have had a salutary effect upon his politics, for we read that " about 1781 he began to see that under the influence of the French Alliance and dis- sension in England the rebel cause was brightening. While, therefore, still continuing to utter the most loyal sentiments in his journal, he supplied the enemy, in rather an ingenious way, with all the latest intelligence. Being a bookbinder as well as a publisher, and being wholly unsuspected, he was permitted to send books to the Jerseys and elsewhere for sale. In the binding of the books were concealed despatches for Washington, who was thus supplied with the latest news from New- York and England."" The agents carrying these dangerous volumes were ignorant of their surreptitious contents, which the enemy never appear to have discovered. On Sunday, April 23, 1775, at noon, a dusty and travel-stained horseman dashed into the city with the news of the affair at Lexing- ton, and, in a twinkling, copies of the despatch' he bore were posted at all places of public resort. Had anything been needed to in- crease the tension of popular feeling, the news from Massachusetts supplied it. It caused the lines to be at once more sharply defined between the Whigs and Tories. The war party was greatly strength- ened. The committee of one hundred, composed of leading pat- 1 The indignant editor, in his issue of April 20, 1775, one week after the occurrence, published a card, surmounted by a cut (reproduced above). It commenced as follows : " To the Public— The printer has been informed that a number of Bacchanalians at Brunswick, flushed -with the inebriating draughts, not of the juice of the Vine, but of New England Rum, have sacrificed him to the Idol of Licentiousness. Lest this piece of heroism should not be suflciently known, he has thought proper to exhibit a Rep- resentation of the scene in which he was thus offered up a Victim, that the fame of the Exploit may spread from Pole to Pole. ..." 2 "History Royal Regiment of Artillery," Dun- 3 Watertown, Wednesday morning, near 10 clock. To All Friends of American Liherty be it known : That this morning before breai of day a bri- gade consisting of about 1,000 or 1,200 men landed at Phip's Farm, near Cambridge, and marched to Lexington, where they found a company of our colony militia in arms, upon whom they fired without any provocation, and killed 6 men and wounded 4 others. By an express from Boston we find another brigade are upon their march from Boston, supposed to be about 1,000. The bearer, Israel Bessel, is charged to alarm the country, quite to Connecticut, and all persons are desired to furnish him with fresh horses as they may be needed. . . . (Signed) T. Palmek, One of the Committee of Safety. NEW-YORK DURING THE REVOLUTION 481 THE NEWS FROM LEXINGTON. patriots,^ who were charged with the administration of local affairs, took prompt measures for the safety of the city and for an impending 1 New-York, May 1, 1775. This day the following Gentlemen were chosen a General Committee for the City and County of New-York, in the present alarming crisis : Isaac Low Philip Livingston James Duane John Alsop John Jay P. V. B. LlTlngston Isaac Sears David Johnson Alexander McDougall Thomas KandaU Leonard Lispenard William Walton John Broom Joseph Hallet Gahriel H. Ludlow Nicholas Hoffman Abraham Walton Peter William Schaack Henry Remsen Peter T. Curtenius Abraham Bragster Abraham P. Lott Abraham Duryee Joseph BaU Francis Lewis Joseph Totten Thomas Ivers Hercules MuMgan John Anthony Francis Baffer Victor Bicker Vol. II.— 31. John B. Moore Eudolphus Bitzma Lindley Murray Lancaster Burling John Lasher George Janaway James Beekman Samuel Yerplanck Richard Yates David Clarksou Thomas Smith James Desbrosses Augustus Van Home Garret Keteltas Eleazar MiUer Benjamin Kissam John Morin Scott Cornelius Clopper John Reade John Van Cortlandt Jacobus Van Zandt Gerardus Dnyckinck Peter Goelet John Marston Thomas Marston John Morton George Folliot Jacobus Lefferts Richard Shaip Hamilton Young Abraham Brinkerhoff TheophUus Anthony WUliam Gof orth William Denning Isaac Roosevelt Jacob Van Voorhees Jeremiah Piatt Comfort Sands Robert Benson Wmiam W. Gilbert John Berrien Gabriel W. Ludlow Nicholas Roosevelt Edwin Fleming Lawrence Emboli Samuel Jones John De Lancey Frederick Jay William W. Ludlow John White Walter Franklin David Beekman William Seton Evert Banker Robert Ray Nicholas Bogert WUliam Laight Samuel Broome John Lamb Daniel Phoenix Anthony Van Dam Daniel I)unseomb John Inslay Oliver Templeton Lewis Pintard Cornelius P. Low Thomas Buchanan Petrus Byvanek Benjamin Helme The following twenty-one Gentlemen were at the same time chosen deputies for the City and County of New-York, to meet Deputies of the other Counties in Provincial Congress on May 22 : Leonard Lispenard Isaac Low Abraham Walton Isaac Roosevelt Abraham Brasher Alexander McDougaU Samuel Verplanck David Clarkson George Folliot Joseph Hallet John Van Cortlandt P. V. B. Livingston James Beekman John Morin Scott Thomas Smith Benjamin Kissam Richard Yates John Marston Walter Franklin Jacobus Van Zandt John De Lancey 482 HISTOBY OF NEW-YOEK struggle. One of their first resolves was to recommend "to every inhabitant to perfect himself in Military Discipline and be provided with Arms, Accoutrements and Ammunition as by law directed." A martial bustle pervaded the town, citizens hastened to enroll them- selves in the existing militia organizations or to take steps to form NEW-YORK, Committee-Chamber, WEDNESDAY, 26tK April, 3775. THE Committee^aving taken into CoTifideranoa the Commotions occasioned by the fanguinary Meafurcs purfued by the Britiili. MiniftTy, lind. that the Powers with which this Committee is invefted, icfeea only the Affociation. are unanimouily of Opinion, That a new Committeehe defted by the Freeholders and Freemen of this Cityand Coanty,. for the prefent unhappy Exigency of Affairs, as well as to obfcrre the Condudl of all Pcrfons touching the Affociation; That the faid Comnuttec confift of loo Perfons; that 33 be a Quorum, and that they diffolvc within a Fortnight next after the End of the nextSeflions of the Continental Congrefs. And that the Senfe of the Freeholders and Freemen of this City and County, upon this Subjeft, may be better procured and afcertainftd, the Committee are further unanimouily of Opinion, That the Polls he taken on Friday Morning next, at 5)0' Clock, at the lifual Places of-EleftiDnla each Ward, under the IniJ3e<5tion of the two Vcftrymen of each Ward, and two of this Committee, or any two of the four; and that at the faid. ElcAions the Votes of the Freemen and Freeholder?, be tafcen on the following Qucftions, vi». Whether fuch N*w. Committee (hall be conftituted J andifr^ large BodiescTiirmeJ Troop; amcng lis; - ' ■, Yjl For proicfting ihiTTi, by a mock Trial, from Fuhilhmeci: for snj' MiJr*' ^ nested them with another, atidtoalTomc anong the Povvrrs. ddr^^^hichTbcy-fliould cotnoiit oo the Inhaliiants ofclieic StaiCST/-^^; .t>f the Earth, the fcpcratc and equal Station to wbicn the Lawsof Naiute _ . Tor cutiio^ off our TraJc v.iili all rnrts qfthc V/oiic!i,'r-jC>,i!j'^';''^ *; and ofNaturt'sCod eniiilcihcm, adecentRefpect to tht; Opinions of; Forimpofmg Taxes on us "vithout our Coafont : / .''" ^" , ' ■■* : Mjiikind retiDJres that thtythould (Icchre the Caufcs wiiich iingcl tiKm ' ,; For depriving us, in 'many Cif:-:, of ilic Ccttcliu of.Tnal ^(ity : ''''■' -: ' ^- tothefcpcration. - .^-.-,; , ■■.■', '•'':■'■■ -^ ','.,■'■ . i ' z' ^of tranfponingus bej'otid Seas to be ttiai Tor pretended (JutQccj :, . _'.' , ',! ■:■ Wn hold thee Truths ro b'^'fcTf-cviJc^it, tliat all NTen arc 'created , / For abolilhing ibcfrec fynemofEngiiftiLaws in a ncJghb oaring rrovince,. ", ^' ,et]ua).'lhatlhey arc endowed by their Creator \rith certain unalienable' -tllablilhing therein .-iR arbi'rary Govcmncnt, anJ eniirgitig iiiBoondarics, (o-p"- Rigiiu, that among theloarc Lile, Liberty, aiiJ the Porluic oi" Hjppi-.,:aj to tender it atoneean Example ::nd lit Infirumcotfot So tioduciag die fsmc ' '■'-■ : r.cli."— That to fccurc ihefe Sights. Co«mmc„ls arc inftirutcd among- abfolute Rulcinn^ ihefe' Colonics : - "-:-■ '-.,'= .■—'''%'-/.•■ ,'. .- " ■ -■'■. - ;■■ 1 Mer.^ aiiiving their juft Powers from the Confc-t of ihc Governed, that'; .r. For taWng- away our Charters, alio I idling' our moffvvnIwWc Liffs,".niid'7,-- j ^^r.^encverany Formof Covemmcnt becomes dclTrutftivc of thefc Ends^^/qiKdnn funJamcnially ihc Forms of our Governments :-i?,''7-r; ' ■'-'■..':■' ',- ^tis thcRigtitof the People to ilier orta abolilliit, and toinftitute wiiT, .-■-For fulpinding our own Legiflaturcs, and dcciaritis;thcmrcl'.efrmvi(led '-^^jJ ,;. Covcmrncnr, laying itB foundation on fuch Principles, and organizing irs Viih Power to legiHaw for us in all Cafes whatfocver. '. ..-.,.' i '.'. „■.' : -] '■,- Powers in fuch Fomtt^as to them fhail feem :iioft likely lo effeft their.." , He has abdicated Government here, by declaring u; oat of his Fiibtafiioa i .',| '■■ ■ Safety and Happincfs- Prudence,' indeed, will ditlate' that Government^, ^cd waging War agiinft m. --•',; ' a-,^-..: ,-; "-■--.' i^ i,-- ' c--'-^^ ' ■ ''.-"^f J ■■■■Jong eftablilhcdflioold not be chan.i^ed for liglu and iranfient Caolesj _, , He has plundered our Seas,' ravjgej our Coallvbcil^' our To«.os," aM T.-t ,Vand eccordingly all txpcrieisce hath lliewn, thaiMan'^infi-arc more ^if-J-.dcf.royed the Lives of our Peoples '«.'-:■ '" -''-;/-'-■. - . -= ' .. ■- ' /' •■jiored to fuffer, while ICvUs are fuffcrable. than to r^jht-'themfclvcs b/. _> Hciiat thisTimc.trinrporiJng largeArmi'es offorejgfiMerceniTii;ito coin- ^ % ,r abslifbingthcForms to which they arc accuftomed. But when a 'on^'^pj^jt ^j.^ Works of Dcjih. Defol.nion and Tyranny:, t^alrcady b.>^n ^litt' 'fi .Train of Abufes and Ufurpations, purfumg invar.a^bly the lame Oojea.- tireurafunccs of Cruelty and PcrKdy fearccly patalleleJ'.m ih-: ci^t baftaL -' .-i. ,-rcji Agc:,'aod totally unworthy the Head of a liviiized Nitic^-' I He In; conflraincd our fellow Gii;enj taken Captive On ihc hi^fi Seas L bcir Arms againft their Country, to become the Exccuiiijacrs o£ their Friendi and Dfcthrcn, or to fall ihcmftlvcs hy ihiir Haajs. ' ' ■..'^' , ^■"■.V.;' '..'. .■^ He has excited Domefiic Inf^rreftions amonp,fl ui, ir-i IiM cnjcavoureil^ to bring on thelohabiiant) of our Frontiers, the rocrcilcfi Indl.yi Savageif- ashore known Rule of Warfare, is an undid in gulfhcd Dcliruflion, of ■!(< ' ■*,-rtj;™rc»m-««i-coaaauia! _^ L^-^J■.....,,.,^;r.;^"■ ■>■■/; ■'■'■■■ -j^ every Stage of ihcfc OpprclTicn; we have pciliioncd for RcJr*ft. in^fiJ-. -^,^,,, I Lr_ -.- . Qjj^ rcp,at.-d Petitions have bea anfceted 'only b'>- |f*JJ inces aDclign loreduce them under abfolute Dclpoiifm, it Right, it is lh;ir Duty, to tbcowoff fuch Government, and to proiid^ S iiewCusjds for their future Security. SucIk! has been ihepatientSuf. [ ■ frrance of thefe Ccioniej ; and fuch is noiv ttc' NccefTity which con- ' JVra'ns theci to alter iheir former Syllems of Government. The Hillorj pf the pri^feat King ofCreac-Brirain isa t^iftorv^iaf rcpca'cd Injiiijes and ; XJfurpiiions, aJlhsving.n diiecl Objea 'thc.EOabliihinent ofan-abfo-. ■ jQieTirannyoverihde States. To prove ihiJ; let F'aOs be fubmittcd to, -.H-.aodui\.VoiW.. • ., ' -'"-■.'■-.-.,. ■.. • ■.. ■. . -■■■: ■ --■'■-..;■•..-■;-,-., ■ '—ik'-iiiSJ-ituC'id hisA'AerttoLawr, the moftwholcfamc aad neceflat^r -■for the pnllic Good, '~\:-% \ fl hn;ye cjtcd Injury. A Prince, whofc Charafler is 'thus marJ(i;d by cVcry AiJi r'4,^ , nhieh may define a Ty^an^ is unfit to be the Ruler of a ficc Pcc^a. '"--{^'i fcrbiiiden his Governors to pals Law's of immediate and p'refT- inr Imporlance, unlefs fuTo^ndcd in their Oiieration tilMiis Affent (hould ., m„, l,\,_ _ ■ _•_, - - ^ . b^-^^, t'' o^. v^i'^.-ji.j-rr jjLL. 1 iQi i - ""' have wj- been TMn eg d Attennon to our Bnnth Srcthno. Wd' bcobtaiQtdi and V7hc[i lo fjipended, he ha; utterly negle«ed to attend- t,.„„ ^,„^ .v r, t-_ , t- r a . l --f ■- i lii _ ." , . .._ , .'^ " ..... , . :.' , ,. ,,,i ', .." ., • . ,-havc sramed them irora Time to Time of Attempt) fay ifcor IcgrSaturc to , would 'uicvitably'jtitcrrupt our Cooncflioas and Corccfpmidtaec. .They lo^.';'*' ve been deaf to the 'Voice of Judice and of CD:-,iiDguiai(y. Wc a>a(ii_if.^. rrcfore, acquiefee in ihe'^'-N'eccCiiy which denooiecs 'Ott; Scparaiioo, anof-.; m^- earned them from Tin: : B.Orias ofitepV., JiA ihofc People wodd relmq.ilh .he Kigli. of rE =1= C'rconrtanDO of our E»,s™», .nd fc.dmm I. e. - .Vfc fc™ ap|.:- " ,h\f tn.-r^r->r,<, ,~„i„ ■' . -■ -.-'■■V - 7 -i , ' . ,--. .ji--by liic Tics of ou t €0010100 Kind.'ed to rfiUvow ihtfc . JfufjintioS^ vttchr-,' . .^ciciiri vra^^scnly, ^.^^rr-i . . ' " ■ ' ■ - - ~ '> ' '■ u :«-..:. ,r,i.. : . ,... f a: in r.--_-X..'_ m „'.,.>. -- nc lia; called together C^itiatrvc Sodies at Places unufi:;.!, nacomfor-.' 'table, and d'lftant Irom thcDepafitofy of iheir public Records, for the fob ' - -hiv; >e.-)med » .Se ^ple iTWce loriheir oeicfe , .he Strntaumi E.-prae Jirfje of *c V/o.U for die Reflitodo of o«r Imtowcr, do u. .he :' j -■, ins i" >i' cmn rise ^pofej ,o Jl lie D.jce.. of lorfioa from »ilU: . J'™-""' .'I,'''? '>»*=;"'? f,'''f,^°°i f."?"-" >l«r-.MMiJs.. fcenioly.? „ '- our an.dCcn-a'.fione wi'li-n ' '^ r, -■> --■■ .■■:'- i'^ ' - . Publilh »od Deelirc, Thac thefc Uoitcd Colonies are, S4;d oi Right ovglir.-'-' -■■:' Hr. hu ei;je..oii.-ed.opre,™',iei»pikuonorjoBle«^brri%liiAlS»..":'?;-^";"«l;''iy'«^'"^^^^ /.;!la». fo; elliblilliBi-iedleeirj Powers. ■ ■' - .. -■- .; eII o'l.ct Aelii wd Tkimsyhita I>i»IfaKE..»Ti--4»-.raa7of Ej^e.nj;. ,,!Dir,ees.imi ihr Amooni SdPavoa. of ih-ir SiJjJio. • . -^ -, !•«»■■ '^ «-™o= Provideoee, r.= mnnulj p.edge lo ttih other our Ijr<4 „. .•■;,-■ Kc-bit e,.-Oed-« oalnndeof iie» OlEee., =id feni liihet SoiW ti!!^ "" fotiOK:, and our tiered Hpoer. •;,: ... ,-, ■.,■,;---.. .;ijj- J .. ,OEc.7iiohun6oorPeopl:,...dej!omibeirSobSiiie.i j-.t " :.■ ■, |. •.■ •|-;-',..;&,r3 fa Occeii:.»-J « DSHAtE e/ije C««M««;"" -i'',-? int tcptdxongus, iii4uiC5 of Peace, Siaodinji Aimiej.wihouttne' f/ ■'.' '-' , ' • ■ ' ' ■, ^ '.. -'-■:; v^ " ' ■ '" '■■■■•■ •JO'Kl^HAMCO.C&FJcfAs'Xl:'' ^o»rai. ofctj. Li^'dkiores. tsE^iffcd to rccder die MJii.vy idepeiideot oF iad rofiri /^ eivil Poria. r-t-vifei^Jascc^nhireiJ wiih i-.ibcr. to ri;b;;..ril3 to -a JarLOi^^!.! r^ toofiiiDiie.- aD'd"ini^"~.c%.^a-ed.i,y eeTi-nn; r.'--i :-aa .-':.'' ; . ^f jiieiecdei Ug'i'i^'n . fori f Atti-t,: ..-■i. : ■*■« mtiimaili EEDUOBD PAC-SIMILE OP BEOADSIDE DISTRIBUTED THEOUGH THE COUNTEY. this city and county and was received with general applause and heartfelt satisfaction : and at the same time our late King's Coat-of- arms Avas brought from the Hall, where his courts were formerly held, and burned amidst the acclamations of thousands of spectators.'" several districts : Therefore, resolved and ordered : That at twelve o'clock on Thursday, the 18th inst. at the City Hall, in this city, the aforesaid Decla- ration be published, when and where it is hoped every true friend to the rights and Liberties of this country wiU not fail to attend." Minutes of Committee. 1 "Constitutional Gazette," July 20, 1776. 500 HISTOET OF NEW-YOEK The strength and distribution of the American army at this time is worthy of note. The official returns, dated September 12, show 14,700 men "for duty" out of an aggregate of 28,400 present. On September 2, Washington reported "om- number of men, at present fit for duty, is under 20,000." On August 9 he had written to Congress that "for the several posts on New York, Long and Gover- nor's Islands and Paulus Hook, we have fit for duty 10,514; sick, present, 3039; sick, absent, 629; on command, 2946; fur- lough, 97: Total, 17,225." During July and August there was much sickness, not only from diseases in- cident to all large bodies of recruits, but also from smallpox. This, with the frequent arrival of militia and the departure of men whose short terms had expired, makes it impossible to fix precisely the actual force for duty in the city and vicinity at the time of the battle of Long Island; approximately it was twenty thousand. The troops were organized into five divisions, under Generals Putnam, Heath, Spencer, Sullivan, and Greene; besides the artillery under Colonel Knox, and the militia of Connecticut and Long Island en- rolled for the emergency.^ It appears from a document among the papers of General Knox that the above troops were stationed as follows : Scott's brigade in the city ; Wadsworth's along the East River in the city ; Parsons's from the ship-yards on the East River to Jones's Hill, and including one of the redoubts to the west of it ; Stirling's and McDougall's still further west as a reserve near Bayard Hill ; Fellows's on the Hudson, THE POET AND BOWLING GEEEN. 1 The composition of these divisions was as follows : Putnam. Sullivan. Clinton's brigade 4 Massachusetts regiments. "S+irline-'s hrisadp Scott's brigade 4 New-York regiments. Fellows's brigade 4 Massachusetts regiments. McDougaU's brigade Heath. Mifflin's brigade , . . . ^ ^ Pennsylvania, 2 Mass., Gremie. ( 1 Connecticut regiment. Nrson's brigade. . . . Q. Clinton's brigade . . 5 New- York regiments. Spencer. Heard's brigade. .. . Parsons's brigade. . , j f Connecticut regiments, ConneeticutMUitm^ ^ i 1 Massachusetts regiment. ^"^S Island Mihtia. Wadsworth's brigade . 7 Connecticut regiments. 5 1 Maryland, 1 Delaware, f 5 Pennsylvania regiments. 5 2 New-York, 1 Connecticut, 1 1 artificed regiment. 5 1 Pennsylvania, 2 R. I., I 3 Massachusetts regiments. . 5 New Jersey regiments. . 12 regiments. . 2 regiments. NEW-YOEK DUEING THE EEVOLUTION 501 from Grreenwicli down to the "Glass House" — about half-way to Canal street ; and James Clinton's from that point down to the "Fur- nace," opposite the Grenadier Battery. Those brigades forming Putnam's, Spencer's, and Sullivan's divisions, with the Connecticut militia, were retained within the city and its immediate vicinity. Of Heath's division, Mifflin's brigade was posted at Fort Washing- ton, at the upper end of the island, and George Clinton's at King's Bridge. Greene's division, — Nixon's and Heard's brigades, — with the exception of Prescott's regi- ment and Nixon's, now under his brother, Lieutenant-Colonel Thomas Nixon, which were on Governor's Island, occupied the Long Island front." ^ The city was represented in the forces assembled for her defense at this time by the First regiment New- York Continental Line, one of the four regiments authorized by Congress, March 8 and 24, 1776; these were the successors of the four regiments organized in June, 1775, which had served in Canada under Montgomery and whose term had expired. In the reorganization of March, 1776, Colonel Alexander McDougaU was reappointed colonel of the First regiment, but sub- sequently (August 9, 1776) was commissioned a brigadier-general. Lamb's company of artillery of the first (1775) New-York quota was reduced by the casualties of the field from seventy men to thirty when, in March, 1776, it returned to the city, leaving its captain (cap- tured at Quebec) wounded and in the hands of the enemy. Its natu- ral successor was the New -York Provincial Company of Artillery, created by resolution of the provincial congress (January 6, 1776) for defense of the colony. Its first captain (March 14) was Alexander Hamilton, young, able, and ardent. Although the continental forces were then seldom enlisted for a longer term than one year, Hamilton imposed the condition of service " for the war." This organization was destined to become the germ of the regular artillery of to-day. According to Major Gardiner, "its daily roll-calls and drum-beats or bugle-calls continued, and from the day when Captain Alexander Hamilton first paraded his company in the present City Hall Park, in New- York city, to the present time, the United States has had the 1 ' Campaign of 1776," Long Island Hist. Mem., lU, Henry P. Johnston. Mhox 502 HISTOEY OF NEW-YOEK services of a continuous and organized body of artillery soldiers."^ A third company of artillery was authorized, by a resolution of March 16, 1776 ; of this body Sebastian Bauman was made captain. It be- came part of the regiment of artillery commanded by Colonel Lamb, and served until the close of the war.^ Besides the new organiza- tions raised for the general defense were two regiments or battalions of militia, commanded respectively by Colonels John Lasher and William Malcolm. These comprised certain city "train-bands" or indepen- dent companies rejoicing in the charac- teristic titles of "German Fusileers," "Oswego Eangers," "Bold Forresters," and " Sportsman's Company," with pic- turesque uniforms of blue with red facings and bearskin caps, or green coats with small round hats and black gaiters, which gave some color to the somber and nondescript garb in which the early continental troops met the enemy ; for, with the exception of the old militia companies, the battalion of riflemen, and a few other eorps,^ the mass of the troops mobilized at New- York and vicinity appeared in rough civilian clothes. Washington, among other untiring efforts to improve his army, issued an order (July 24, 1776) in which he " feels unwilling to order any kind of uniform, but as men must have clothes and appear decent and tight, he encourages the use of hunting shirts, with long breeches made of the same cloth, gaiter- fashion about the legs." He further called attention to the moral effect of such a dress upon the enemy, as indicating the rifleman, for whose prowess they had great respect.'' 1 After the Declaration of Independence its name was changed to " The New- York State Com- pany of Artillery. " It served gallantly in the princi- pal actions of the war ; was at its commander's request transferred (March 17, 1777) to the army of the United States, where it still remains as ' ' Battery P , 4th Regiment of Artillery. " "The N ew- York Cont. Line " (Gardiner), Mag. Am. Hist., VII. 2 In the final arrangement for the continen- tal army. Congress fixed (September 16, 1776) the quota of the State of New-York at four regiments of infantry, and after consulting Washington in- creased tt to five regiments and announced (No- vember 21, 1776) Goos Van Schaick, Philip Van Cortlandt, Peter Gansevoort, Jr., Henry B. Liv- ingston, and Lewis Dubois as the colonels assigned to the command of the organizations. 3 " Washington's Guard" had (June, 1776) "a blue coat faced with buff, red waistcoat, buckskin breeches, and black felt hat hound with white tape; the bayonet and Ibody belts were also white." (Gaine's "New-York Gazette," 1776.) In the years 1775 - 76 an effort was made to uniform the New-York regiments in blue, brown, or gray coarse cloth coats. In the first quota (1775) the first (New- York City) regiment was provided with blue coats faced with red ; Lamb's company of artillery wore blue with buft" facings. " This is the first instance of any Revolutionary troops be- ing uniformed in the old Whig Royal Artillery uni- form of William and Mary's reign." — Gardiner. 4 " In their skill as marksmen they may be com- pared with our peasants in SoUinger ; their rifle- men are terrible. The latter wear a short white NEW-YORK DURING THE REVOLUTION 503 The duties of the general-in-chief included an immense amount of detail which in an older organization would have fallen upon subor- dinate commanders ; hourly admonitions, in the shape of " orders," to the troops as to their soldierly bearing, tendency to absent them- selves without leave, to dis- charge their pieces at irregular times and places, to sit down while on post as sentinels ; be- sides such matters as instruct- ing "the ofllcers who have lately come into camp" that their sev- eral grades should be marked by cockades — "pink or red for field officers, white or buff for cap- tains, and green for subalterns." There is a paternal tone in many of the early orders of Washing- ton to enlisted men, abounding as they do in appeals to the in- telligence, pride, and patriotism of the troops, illustrating his great tact in turning freemen into obedient soldiers, well fitted parts of the military machine that produced Saratoga and Yorktown. In clearing the decks for the expected collision with the British, Washington asked the convention to remove certain influential Tories from the city jail to the safer custody of the Connecticut authorities, and informed Congress that he would send the records of his head- quarters to Philadelphia for better security. Again he was called upon to reassure the convention, which, after all the labor and ex- pense of securing the city against a coup de main, had at the last mo- ment weakened and resolved that if General Washington "should think it expedient for the preservation of the State and the general interest of America to abandon the city of New-York and withdraw the troops to the north side of King's Bridge, they will cheerfully cooperate with him." But matters had gone too far ; if it was of po- litical importance to anticipate the British occupation of the city, it was of the first military importance that it should not be given up without a struggle. General Washington now issued a proclamation announcing that NEW-TORK KEGIMENTAL FLAG, :778. shirt over their clothes, the sleeves heing bordered hy a numher of rows of white Unen fringes. A rebel invariably looks for protection to his musket which is very long. They load their guns with three small and three somewhat larger bullets: bad enough for him whom they hit. Nearly all of the wounded in the affair at Haber-town had three or four wounds — aU caused by one shot. We have some consolation, however, in the fact that their muskets will not send a bullet farther than eighty paces ; and they would find them- selves in a sad fix if our soldiers could shoot as well as they." "Letters of Hessian Officers," (Stone), New-York, 1891. 504 HISTORY OF NEW-YORK " a bombardment and attack upon the City of New- York by our cruel and inveterate enemy may be hourly expected : and as there are great numbers of women, children and infirm persons yet remaining in the city whose continuance will rather be prejudicial than advantageous to the army, I do therefore recommend it to all such persons as they value their own safety and preservation, to remove with all expedi- tion out of the said town," and he requested the cooperation of the convention to that end. Greneral Howe landed his troops at Staten Island on July 2 and 3, encamping them in such a manner as to command all the approaches. On the morning of the 12th Lord Howe arrived, with more ships, in time to witness an experiment initiated by his brother with the consent of the admiral in command of the fleet. It was a beautiful day, with a fine breeze from the south, and about half-past three in the afternoon a slight movement was observed among the enemy's vessels ; two noble war-ships, the Phoenix (40) and the Rose (20), with their tenders, and "every stitch" of canvas spread to the favoring gale, moved with rapidly increasing headway up the North Eiver. Quickly was the alarm given at the batteries on both sides of the river, and a warm reception seemed probable. Immediately every gun that could be brought to bear on the moving targets was blazing away. Particularly active was the battery at Paulus Hook. The ships poured in broadsides with great impartiality as to New Jersey and New-York; while their bulwarks, lined with sand-bags, protected the few sailors visible from the American riflemen who tried to pick them off. Being skilfully piloted, the British ships passed safely up-stream and were soon out of sight. A report of casualties com- prised six American artillerymen — three killed by the premature discharge of a piece through carelessness of a gunner, and three by the enemy's fire, which did but little other damage.-"^ The object of this dash was soon developed — to cut off the communications of the city with the upper Hudson ; to encourage the loyalists supposed to be awaiting them in the rural districts; to destroy two vessels then building near Poughkeepsie ; and, incidentally, to replenish the larder by a little judicious foraging. In nearly all of these well-meant schemes they were thwarted, principally by the vigilance and pluck 1 " (Friday, 12th July . ) A few more ships came in several houses hetween here and Greenwich. Six through the Narrows, and it was reported that the men were killed. The six were put this evening great fleet from England began to arrive. In the into one grave on the Bowling Green. The smoke afternoon ahout 3 o'clock there was unexpectedly of the firing drew over our street like a cloud: a sharp firing. Two Men-of-War with some Ten- and the air was filled with the smell of the powder, ders came up. They fired from all the batteries This affair caused a great fright in the city, but did little execution. The wind and tide being Women and children, and some with their bun- in their favor, the ships sailed fast up the North dies came from the lower parts, and walked to river, and soon were out of sight. When they the Bowery which was lined with people." Pas- came this side of Trinity Church, they began to tor Schaukirk. fire smartly. The balls and buUets went through NEW-YORK DUEING THE REVOLUTION 505 of the militia recently called out for such an emergency under com- mand of Brigadier-General Greorge Clinton. Lord Howe now tried his hand as a "peace commissioner," but found it difficult to treat with a power which, although yet undevel- oped, insisted on ceremony and diplomatic usage. His messenger was unable to deliver his credentials — addressed as they were to " Greorge Washington, Esq." Another attempt was hardly more suc- cessful, although the British envoy, Colonel Patterson, was received by Washington "with great pomp, by a guard, conducted to Captain Kennedy's house where he saw a great Court and gentlemen well-dressed."-^ His propositions were submitted to Congress, as a matter of cour- tesy; but, as Professor Smyth says of this episode of the olive- branch, "darkness and tempest still dwelt on the face of the waters, and there was no rest- ing place for him who bore it." There was no diminution of war measures. Congress authorized the general-in-chief to utilize the troops in the "flying camp" of instruction at Amboy and those at Ticonderoga for his operations at New-York, and made an abortive effort to bribe the Hessian contingent by offering bounties of land and other privileges to such officers and soldiers as should enter the American service. It is not remarkable that such a bid for desertion should prove a sort of boomerang, and that Lieu- tenant-Colonel Zedwitz of a New- York regiment, who had undertaken the task of translating the bulletin into German (for distribution in the Hessian camp), should attempt to sell the news to Governor Tryon; failing in this, Zedwitz was arrested, tried, and cashiered. With a view to prevent the enemy's ships from repeating the ex- ploit of the Eose and Phoenix in the North River, an attempt was made to obstruct the channel with chevaux-de-frise of a fashion devised by General Putnam.^ Notwithstanding this, and a gallant 1 Letters of Col. Stephen Kemble, Deputy Adjt.- Gen., Britisli Army. N. Y. fflst. See. Coll. 2 " We are preparing Chevaux-de-frise at which we made great despatch by the help of ships which are to be sunk ; a scheme of mine, which you may be assured is very simple, a plan of which I send you. The two ships' stems lie toward each other, about 70 feet apart. Three large logs which reach from ship to ship, are fas- tened to them. The two ships and logs stop the river 280 feet. The ships are to be sunk, and when hauled down on one side, they must inevita- bly stop the river if the enemy will let us sink them." Putnam to Gates, July 26, 1776. 506 HISTOET OF NEW- YORK and ingenious attempt to destroy those vessels by fire-rafts, the two men-of-war (minus one of their tenders) returned (August 17) by the same route, managing to avoid the obstructions, and although fre- quently hulled by the fire from the shore-batteries, rejoined the British fleet with the loss of only one man. The American defenses on Long Island consisted of three small fortresses and two redoubts connected by field intrenchments and protected by abatis and other entanglements. The line extended from the Wallabout Bay across the neck of land (now the heart of Brooklyn) to Gowanus marsh, and faced a little south of east. On the extreme right of this line stood Fort Box, its guns covering the approaches from Gravesend and Flatbush ; an eighth of a mile to the left was the largest work, Fort Greene,^ mounting six guns and com- manding the main road to Jamaica and Flatbush ; on the same line, but on the north side of this road (near the corner of De Kalb and Hudson avenues), was planted the "Oblong Redoubt"; one quarter of a mile further north. Fort Putnam, with three pieces, guarded the Newtown, Bushwick, and Flatbush roads, and on the extreme left the remaining redoubt, with rifle-pits covering its northern flank, marked the beginning of the swamp ending in the " Wallabocht." The right flank of these intrenchments was further strengthened by a battery of four guns on Cobble Hill, an elevation about a half-mile due west and in rear of Fort Box ; the only approach to this battery was a lane leading up from Eed Hook, which, together with Governor's Island, stood sentinel-wise over the Buttermilk Channel. The works on Eed Hook were armed with four eighteen-pounders ; on Governor's Island with four thirty-twos and four eighteens. About one mile to the west of Fort Putnam stood a large work called Fort Stirling, near the edge of the bluff now known as the Heights; it had been thrown up early in the spring of 1776, and mounted eight guns. These works were constructed under the supervision of General Greene, who had also been placed in command of the troops assigned to defend them. This force consisted of six regiments of the Conti- nental Line and two of the Long Island militia ; to these were added, subsequently, Atlee's Pennsylvania rifles, Smallwood's Maryland, and Haslet's Delaware regiments. A contemporary description will aid us in comprehending the situation : " Prom the point of land which forms the east side of the Narrows, runs a ridge of hills about N. E., in length about five or six miles covered with a thick wood which ter- minates in a small rising land near Jamaica : through these hills are three passes only ; one near the Narrows, one on the road, called the Flatbush road and one called the Bedford road, being a cross road 1 This work was situated on or near the Kne of Pacific street, a short distance above Bond. Memoirs L. I. Hist. Soc, III, p. 69. NEW-YORK DURING THE REVOLUTION 507 from Bedford to Flatbush whicli lies on the Southerly side of these hills ; these passes are through the mountains or hills, easily defen- sible, being very narrow and the lands high and mountainous on each side. These are the only roads which can be passed from the south side the hill to our lines, except a road leading around the easterly end of the hills to Jamaica." ^ Finally, on August 23, Washington advised Con- gress that he had been obliged to assign General Sullivan to the command of Long Island on account of the severe illness of General Greene. Mars having unsuccessfully tried the olive-branch, now proceeded to wield a more familiar instrument. Its power, brilliantly displayed in sight of the city, is concisely set forth by a British naval officer who was present, commanding H. M. S. Rainbow. He says : " General Howe had now the satisfaction of finding himself at the head of full twenty-four thousand fine troops, most completely furnished and appointed, commanded by the ablest and the best officers in the world, and having a more numerous artillery than ever before was sent from England. Four- hundred transports were anchored abreast of Staten Island, to carry them to any place the General might choose to attempt ; and thirty- seven sail of men-of-war attended as a protection and an escort, if it should be wanted." ^ General Howe commenced operations against Long Island by land- ing, August 22, fifteen thousand men, including British and auxil- COLONBL STEPHEN KEMBLE. 1 General Parsons to John Adams. 2 "Journal Sir George Collier, R. N." (Mem. L. I. Hist. Soe., II, 407.) General Clinton says Howe had "24,464 efCectives fit for duty, a total of 26,980, officers not included, who when added amounted to 31,625 men." " List of the Forces under. Gen Howe at New- York, 1776." Prom Beataon's "Naval and Mili- tary Memoirs of Great Britain," VI, 44. Dragoons, 16th and 17th regiments 984 Foot Guards 1,105 Infantry, 23 regiments (10 cos. each) 14,234 42d or Royal Highlanders 1,168 71st or Prazer's Battalion 1,298 Artillery, 6 companies 486 Marines, 2 battalions 1,172 Hessians, infantry 12,579 " artillery 588 33,614 Oeder of Battle, Bbitish Aemy, Staten Island, August 1, 1776. His Excellency, General Howe, Commander-in-chief. First Line, Lieut. -General Clinton: 1st Brig., Major-Gen. Pigot, 4, 27, 45, 15 Rgts. ; 2d Brig., Brig. -Gen. Agnew, 5, 35, 49, 28 Rgts. ; 5th Brig., Brig. -Gen. Smith, 22, 54, 63, 43 Rgts. ; 6th Brig., Major-Gen. Robertson, 23, 57, 64, 44 Rgts. (in order from left to right). Second Line, Lieut.-Gen. Earl Peboy ; 3d Brig., Major- Gen. Jones, 10, 38, 52, 37 Rgts. ; 4th Brig., Major- Gen. Grant, 17, 46, 55, 40 Regts. ; 7th Brig., Brig.- Gen. Sir W. Erskine, 71st Rgt. and 17th Drags. Corps de Reserve, Lieut.-Gen. Earl Cornwallis : Major-Gen. Vaughan, 4 Battalions Grenadiers, 33 and 44 Rgts. ; Brig. -Gen. Leslie, 4 Batts. Light In- fantry ; Brig. -Gen. Matthews, Detacht. Foot Guards. Artillery, Brig.-Gen. Cleavbland. Beat- son's "Naval aaid Military Memoirs," London, 1804. 508 HISTORY OF NEW- YORK iary troops, under Sir Henry Clinton and Lord Cornwallis, on the beach at Gravesend.'^ The debarkation was completed, without oppo- sition, by noon of that day. The British advanced toward the Amer- ican outposts, and after some skirmishing and " feeling " Sullivan's lines they retired to positions in front, the Americans "burning wheat and such other property as might be of immediate benefit to the British troops." Six regiments were sent to Greneral Sullivan's aid, and arrangements were made to further reinforce him as soon as it should be certain that Long Island was to be the main point of attack. Much to Washington's surprise, the British remained quietly in their positions, in front of the " Eed Lion " and Flatbush, for several days. Either as an incident of no special import or else because the gen- eral-in-chief was doubtful of Sullivan's capacity, General Putnam (SuUivan's senior) was sent over on the 24th, and he immediately as- sumed command.^ The American forces, by the night of the 26th, had been swelled by detachments from New- York island to a total of seven thousand men ready for duty. Of these two thousand eight hundred were in the advanced line, as follows : Hitchcock's Rhode Island, Little's Mas- sachusetts, Johnston's New Jersey, and Knowlton's Connecticut regi- ments occupied the Flatbush pass ; on the Eed Lion road, on the right, Hand's Pennsylvania riflemen, Atlee's Pennsylvania infantry, some New- York troops, and a detachment of Pennsylvanians under Major Burd ; at the Bedford pass, on the road to Flatbush, Wyllis's and Chester's Connecticut regiments were stationed ; while, further to the left. Colonel Miles with his Pennsylvania regiment occupied the woods. All these troops seem to have been posted with refer- ence to an attack from the south and southeast rather than from any other quarter. One of the most important approaches, the Jamaica- Bedford road, was protected only by patrols during the day, at the dis- cretion of the commanding of&cer in the vicinity. On the British side, an additional force of nearly five thousand Hes- sians, under General De Heister, landed at Gravesend on the 25th, in- creasing Howe's forces on Long Island to a total strength of twenty thousand men. De Heister relieved Cornwallis in front of Flatbush. 1 In 1782, among the loyalist organizations pre- Line " (Asa Bird Gardiner), Magazine American sumably recruited from New- York city and vicin- History, VH. ity, and incorporated with the British forces serv- 2 " On General Greene's being sick, Sullivan ing in America, were the following: Simcoe's 1st took the command, who was totally unacquainted American Regiment, or " Queen's Rangers "; Raw- with the ground or country. Some movements don's 2d American Regiment, or "Volunteers of being made which the general did not approve Ireland " ; Tumbull's 3d American Regiment, or entirely, and finding a great force going to Long " New-York Volunteers " ; Brown's "Prince of Island, he sent over Putnam, who had been over Wales" American Regiment; Robinson's "Loyal occasionally; this gave some disgust, so that Put- American Regiment"; and " De Lancey's Bri- nam was directed to soothe and soften as much as gade" (three regiments). " New-York Continental possible." Sedgwick's " Life of Livingston." NEW- YORK DURING THE REVOLUTION 509 The day before the battle, Washington, accompained by Putnam and Sullivan, made a personal inspection of the Long Island lines, and reiterated his former instructions to Putnam touching the details of the defense : that a general ofi&cer of the day should be constantly on duty ; that all the approaches should be vigilantly watched ; that the oldest troops should be placed in the outer line and the raw militia behind the permanent intrenchments. The general spent the entire day on the island and then returned to the city. At the same mo- ment Sir William Howe was completing his arrange- ments to attack the Americans. Notwithstanding his enemy's weakness in numbers, and the contempt of their soldierly qualities which it had been the fashion to express in British circles. General Howe paid them the compliment of as elaborate a plan of battle as if he were confronted by the most seasoned soldiers of Europe. He divided his force into three parts. General Grant, with two brigades, was to open the ball by way of the Gowanus road, and Gen- eral De Heister, with the Hessians, was directed to threaten the American center, in front of Flatbush. At nine o'clock the same night Clinton, Cornwallis and Percy, with the remainder of the army, the light dragoons, light infantry, brigades of foot, the Guards, and the royal artillery reserve, — in all about nine thousand strong, — under the immediate eye of the commanding general, began to move by a circuitous route to the Jamaica pass. The time required for these movements was nicely calculated, and signals were agreed upon so that the most complete cooperation of the three columns might be assured. At two o'clock on the morning of the 27th the drowsy American outposts in front of the Red Lion Tavern, where the road forked to the Narrows, were startled by shots in their front ; simultaneously, the advanced pickets fell back, on the run, before a force of unknown strength. In the confusion the reserve was forced back some dis- tance untn rallied by the officer of the day. General Parsons. Gen- eral Lord Stirling, with Smallwood's, Haslet's, and Kichline's regi- ments, and those of Huntington and Atlee,in all about sixteen hundred men, soon arrived and took position on a high point overlooking the little bridge north of the hill known as the " Blockje Bergh," ^ which the enemy had by that time (4 A. M.) gained. Here, for four long hours, Stirling, assisted by Parsons, withstood General Grant's seven thou- AN OFFICER OF THE SEVENTEENTH LIGHT DRAGOONS. 1 1 This regiment was raised in 1759, and formed the advance of Howe's flanking column on Long Island, August 27, 1776. One of its officers then was Captain Oliver De Lancey, who eventually became its colonel. Its motto was " death or glory." 2 NearThird Avenue and 23d street, Brooklyn. 510 HISTOEY OF NEW-YOEK sand veterans, joining them in a brisk musketry fire and an unequal but spirited artillery duel/ The conduct of the Americans, in this their first test in open field, was excellent. A reliable witness testi- fies that Stirhng "drew up his men in line, and offered them [the Brit- ish] battle in true English taste. The British then advanced within about two hundred yards of us, and began a heavy fire from their cannon and mortars ; for both the Balls and Shells flew very fast, now and then taking off a head. Our men stood it amazingly well." ^ The enemy formed two lines extending from the Blockje Bergh on their left to the southwestern slope of what is now Grreenwood Cemetery. Grant did not press his opponent heavily, as he awaited the signal to do so from the flanking column under Greneral Howe; nevertheless he suffered severely from Carpenter's guns and the precision of the i^.merican riflemen. Some of the best fighting of the day was done by Atlee, on Stirling's left, on a cleared hill in the northwest section of Grreen- wood (near Battle Hill), from which the enemy was driven with the loss of twelve killed and an officer and four men wounded. At 8 a. m. there came a lull in the fight at this point, and an opportunity to note the casualties. In the mean while the re- mainder of the American army had been quietly listening to the rattle of small arms and the booming of field-pieces on the lower road. The Hessians in front of Flatbush, beyond a slight demonstration early in the morning, were remarkably inactive ; the skirmish-lines, however, observing each other closely. Hand's riflemen, relieved from picket only an hour before Grrant's attack, had been recalled from camp and posted on Prospect Hill overlooking the main Flatbush pass. At about nine o'clock General Sullivan rode out from his station at the inner line to reconnoiter at the Flatbush pass. It seemed as if the enemy's main attack would be by the Gowanus road, and he again reinforced Lord Stirling, little thinking that at that very moment the wolf had entered the fold. At three o'clock the same morning the advance-guard of Howe's flanking column, guided by willing Tories, came stealing across the fields in front of the Half-way House on the road leading from Jamaica 1 Between two guns under Captain Carpenter of Providence, B. I. , and a British battery. 2 President (then Lieutenant) Stiles's Diary, Mem. L. I. Hist. Soc, II. NEW-YOEK DUKING THE REVOLUTION 511 to Bedford and Brooklyn. So skilfully had their approach been con- ducted that five American officers, sent out from Putnam's headquar- ters as a patrol to watch that road, were caught napping and with theii- horses were captured. While the prisoners refused, although threatened with instant death, to disclose the position of their army, it was soon evident that the road to Bedford was not picketed and was open to further investigation. After a brief halt for refreshment, the British advance pushed on to Bedford. It is almost inconceivable that nine thousand men, horse, foot, and field artillery, could have reached the rear of so compact a force as that of Putnam without meeting with a single hostile person except the patrol. The only American force near the left of their line was Miles's regiment, in the woods more than a mile south of the Jamaica road, with which it does not appear to have been connected by pickets or videttes.^ When the Hessians reopened fire at Flatbush, Miles became uneasy, and taking one battalion of his regiment, without orders, began to scout toward the Jamaica road. This he came in sight of, two miles east of Bedford, just as Howe's train was passing. Space does not admit of more than a passing reference to what followed. It was no longer a question as to who was the victor ; rather how complete was to be his triumph. Deploying into the woods and facing to the south- west, part of Howe's flanking column pressed forward, while, simulta- neously, De Heister forced the Flatbush pass; between them they corralled the unfortunate Sullivan, who, with four hundred men, lingered too long in De Heister's front ; the rest, with the exception of Stirling's men, fled in disorder to the fortifications. CornwaUis, with a couple of regiments, continued on down the road toward Stir- ling's rear. That officer, now almost surrounded, made a tremendous effort to save his command. He turned to meet Cornwalhs, and after a very hot and extremely gaUant combat, in which the Marylanders particularly distinguished themselves, with CornwaUis, De Heister, and Grant closing in on three sides and an almost impassable marsh on the other, he finally surrendered with a handful of his men to the Hessian commander. Parsons had remained in the woods where he had been posted early in the morning by Stirling, and claimed to have received no orders to retire; his detachment was subsequently dis- covered by the enemy's flanking parties, but managed to escape under cover of the darkness. The enemy, after an attempt to penetrate the intrenchments, withdrew to their camps. l"PoT our lines to the left were, for want of was hard duty for our regiment : during the night Videttes, left open for at least four mUes where of the 26th we were alarmed three different times we constantly scouted by day, which, beside Mount- and stood to our arms." Lieut. -Colonel Erod- ing a guard of one hundred men and an advance head, of Miles's regiment, party of subaltern and thirty to the left of us. 512 HISTOEY OF NEW-YOEK The casualties (killed, wounded, and missing) reported on the British side comprised eighteen officers and three hundred and thirty-one enUstedmen;^ of the Americans, according to the most reliable au- thority, they "did not much exceed one thousand. About eight hun- dred, including ninety-one officers, were taken prisoners ; not more than six officers and about fifty privates were killed ; and less than sixteen officers and one hundred and fifty privates wounded."^ It is certain, also, that no more eloquent tribute can be paid those Amer- ican troops who had a fair chance to meet the enemy on the 27th than the fact, now well established, that "the British and Hes- SULLIVAN'S POSITION KEAK FLATBUSH PASS, BROOKLYN. sians suffered a loss in killed and wounded equal to that inflicted upon the Americans."^ The day after the battle was utilized by both sides in repairing damages, and by the patriots in reinforcing their lines ; by the follow- ing day (the 29th) fresh detachments had arrived, so that by evening they were stronger in numbers than ever — with an effective force of nine thousand five hundred men. Notwithstanding the rain, which fell incessantly for forty-eight hours, the pickets kept up a spiteful fusillade, and the British began to use the spade in an unmistakable attempt to reach the American fortifications by regular approaches. A brief reflection convinced Washington that, with the enemy's pre- ponderance in men and artillery, it was only a matter of hours before the British would possess his works, even without the aid of their ships, which, so far, had been prevented from coming up to the city by unfavorable winds. The proposition to retreat to New- York was 1 Killed, 5 officers and 56 men ; wounded, 12 reported total casualties 367, commissioned and officers and 245 men ; missing, 1 officer and 30 enlisted. men. (Colonel Stephen KemWe's Memoirs, 2 Mem. L. I. Hist. Soc, III, Johnston. N. Y. Hist. Soc. CoU. ) General Howe, however, 3 Johnston, as cited. NEW-YOEK DURING THE EEVOLUTION 513 submitted, tlie same afternoon, to a council of general officers, and after discussion was unanimously approved.^ Steps had already been taken by the quartermaster's department "to impress every kind of water craft from Hell Gate on the Sound to Spuyten Duyvil Creek that could be kept afloat, and that had either sails or oars, and have them all in the east harbor of the City by dark."^ It is an evidence of the natural executive ability of the lead- ing staff-officers on duty there, that this extraordinary emergency was met with so much precision and secrecy. Once determined, the preparations for withdrawal went on smoothly and noise- lessly. But few, if any, of the regimental commanders knew why they were ordered to have their men in readiness to move at a certain hour and place; that the order was general they did not suspect, and it was supposed to refer to a simple substitution of fresh troops for battle-worn soldiers. For once, Providence was not "on the side of the heaviest artillery." The bad weather of the previous day had soaked the enemy into shelter, and the subdued noises of the drip- ping forest neutralized the muffied bustle behind the American in- trenchments. One after another the battalions moved, silently, in close order, down the road to the ferry (now Fulton Ferry), and were quickly rowed or sailed across the East River. Once the wind shifted, and for a while the sail-boats were motionless ; but again a favoring breath from the southeast sprang up, and toward dawn a heavy fog settled over the river. By four o'clock on the morning of August 30 Washington had, to a great extent, retrieved the disaster of the 27th, and had snatched his greatly imperiled army out of the lion's jaws. Captain Montresor, Howe's chief engineer, making an early recon- noissance, was the first to discover the abandonment of the position, and to announce that the bird had flown.^ The matter of responsibility for the principal American mistake at (^crrKi,y7iyC^tla 1 "As the main body of the enemy had encamped not far from our lines, and as I had reason to be- Keve they intended to force ns from them by reg- ular approaches, which the nature of the ground favored extremely, and at the same time meant, by the ships of war, to cut oft the communication between the City and Island, and by that means keep our men divided and unable to oppose them anywhere, by the advice of the general ofScers, on the night of the 29th, I withdrew our troops from there without any loss of men and but little bag- gage." Washington to Trumbull. Vol. II.— 33. 2 Memorial of Colonel James Hughes. 3 (August 30.) "In the morning to our great astonishment found they had evacuated all their works on Brookland and Red Hook without a shot being flred at them and to the best of our obser- vation found a body of three or four hundred remaining upon Governor's Island who might have been taken by flatboats, but for what reason was not attempted : neither could our war ship- ping get up for want of wind, and the whole escaped the following night to New-York." Col. Kemble, in N. Y. Hist. Soc. CoU. 514 HISTOBY OF NEW-YOEK Long Island has always been a bone of contention with historical writers. Some would let it rest upon Putnam, the nominal com- mander; others would add to Sullivan's misfortunes on that day — although what little eifort was made in the way of obtaining informa- tion of the enemy's whereabouts seems to have been paid for out of that officer's pocket. There is also a tendency to make a scapegoat out of Colonel Miles, whose regiment was posted near the open gate by which the enemy entered ; and it may be that the patrol of five offi- cers who were charged with the key of that gateway deserve some share of unfavorable criticism, although the record fails to show how their duty was per- formed. But the military student may seek in vain for evidence that due provision was made, in organizing the Long Island defensive force, for that essential part of every army — mounted troops. Doubtless the expense of maintaining ^J^^^^^J^^p^ horsemen had something to do with this, yet we ^^^^^^=s^^P know that at least one troop was on duty near HESSIAN BooT.i Jamalca with General Woodhull; hence the tem- porary detail of five inexperienced commissioned officers for patrol duty.^ It seems evident that Washington exercised actual command of the force; that Putnam's relation to him was like that of Meade to Grant in the Wilderness ; that, together, they made an inspection of the outposts on the day before the battle, when any deficiencies in the method of performing the picket duty might have been noted and remedied ; and, above all, the comparative absence of censure of his subordinates, in any of Washington's writings, leads inevitably to the conclusion that the great chieftain himself quietly assumed the responsibility. In summing up the situation one is fain to agree with Lieutenant-Colonel Brodhead, who commanded a battalion of Miles's regiment, when he says, "upon the whole, less generalship never was shown in any army, since the Art of War was understood, except in the retreat from Long Island which was well conducted." The "hon- ors" of the affair, from a military standpoint, were about even. Washington had lost a battle ; Howe an opportunity. The one with 1 Friederioli's dragoons, while equipped for mounted service, were without horses, and of course unfitted for field service. Irving says, " The very hat and sword of one of them weighed nearly as much as the whole equipment of a Brit- ish soldier. The worst regiment in the British service could march two miles to their one." The above representation of a hoot preserved at the Newhurgh headquarters of the American army is sufficient evidence of the facts stated by Washing- ton's biographer. Editok. 2 It is a well-established principle that patrol- ling is not a sulHcient protection to troops en- camped near an enemy, especially in a wooded country, unless combined with videttes, or infan- try pickets, posted well to the front and flanks of the position. The failure properly to picket the Union lines at Shiloh ; Pope's want of cavalry and Jackson's flank movement at Manassas ; the final stand of the Old Guard at Waterloo ; the failure to secure all the fruits of victory and the masterly withdrawal of the defeated army at Gettysburg, all seem to have been rehearsed in their main features within the limited compass of the battle of Long Island. [T. F. R.] NEW-YOBK DURING THE EEVOLUTION 515 green troops had accomplished a masterly retreat, the other with a superior force had gained an indecisive victory. "With the customary promptness of the British government to rejoice over its military successes, however insignificant, congratulatory ad- dresses from lord mayors and corporations poured in upon the king; bells, bonfires, and "bombshells" contributed to the popular pleasure, "on account of the success of his Majesty's troops at Long Island"; General Howe received a red ribbon, and Bunker Hill was avenged. But this was nothing to the effect on American credit in European markets, where our agents were trying to borrow money and otherwise '^°^ kemblb aems. to provide the sinews of war. At home the effect was not altogether bad. It acted as a bitter tonic, nerved leading pat^-iots to the serious task before them, and inspired them, as John Adams's wife wrote, to "learn by defeat the power of becoming invincible." Upon the rank and file of the American army the moral effect of the Long Island reverse was depressing. As to the militia, "Washing- ton reported them "dismayed, intractable, and eager to return home. Grreat numbers have gone off, in some instances almost by whole regi- ments, by half ones, and by companies at a time." He took the oppor- tunity to impress upon Congress the necessity of enlisting troops for the war and in other ways establishing the army on a permanent foot- ing. In the mean while the available troops were reorganized into three grand divisions, under Putnam, Spencer (in the absence of G-reene), and Heath. Putnam, with the brigades of Parsons, Scott, Clinton, Fellows, and Silliman, occupied the lines south of Fifteenth street; Spencer, with the brigades of Nixon, Heard, McDougall, Wadsworth, Douglas, and Chester, from Fifteenth street to Horn's Hook (HeU Gate) and Harlem ; and Heath, with Mifflin and Clinton's brigades, was stationed at King's Bridge. It now became a question as to the further occupation of the city. Want of confidence in the quality of his troops induced Washington to recommend the abandon- ment of the city, and this he was authorized by Congress to do. Some of his subordinates, notably General Greene, advised the burning of the city, but Congress ordered that it should in no event be damaged, for they " had no doubt of being able to recover it, even though the enemy should obtain possession of it for a time." The removal of the public property to Harlem Heights was com- menced on September 13, and was nearly completed when, on the 14th, the enemy, after a fortnight's comparative inaction, resumed operations. On the night of September 3 the Eose (20 guns) led the way up the East Eiver with thirty boats, and anchored in Wallabout Bay, where on the 5th they were exposed to a warm fire from our 516 HISTORY OF NEW-YOEK batteries; on the following two days about seventy-five additional boats slipped by and reached Bushwick Creek in safety. On the evening of the 14th the frigates Eoebuck, Orpheus, Phoenix, and Carysfort, escorting six transports, took advantage of a fair wind and, ignoring our artillerists, joined the Rose.^ Early next morning (September 15) the five frigates moved up the stream and anchored off Kip's or Turtle Bay; at the same time three men-of-war sailed up the North River and took position near Bloomingdale. It became apparent to Washington that Howe was about to repeat his Long Island tactics, this time with the aid of the navy. The British had concentrated troops at or about Astoria, occupied Montresor (Ran- dall's) and Buchanan (Ward's) islands, and with an abundance of boats at hand prepared to make a landing near Kip's house (now the foot of Thirty-fourth street) on the East River. From this point as far south as Corlaer's Hook (Grrand street) were Putnam's five brigades ; as it happened, the force at Kip's Bay consisted of three Connecticut militia regiments, under Colonel Douglas. The enemy made their preparations to land with deliberation and dramatic effect. The em- barkation of their troops having been completed, the eighty-four boats were marshaled in two lines, and the surface of the water sparkled with brUliant hues from arms and uniforms. An eye-witness said it was " like a large clover-field in full bloom." As the sailors bent to their oars and the pageant drew nearer to the nervous spec- tators, the broadsides of the frigates opened with a deafening roar upon the Americans. It was the last straw ; the low intrenchments afforded no cover from such a fusillade from gun-decks and tops, and were immediately abandoned. Once having turned their backs, no- thing could have rallied them; and ere the enemy had fairly set foot on shore, most of the Americans in the vicinity had decamped and were making fast time for Harlem.^ What followed is briefiy told. At the road which then ran across the island between the lines of Forty-second and Forty-third streets Washington met the ebbing human tide and was nearly swept away by the undertow. Like Sheridan he shouted to the flying troops to turn back, but the 1 "Just after dinner 3 Frigates and a 40 Gnn 2 "The enemy's boats got under cover of the Ship (as if they meant to attack the city) sailed smoke of the shipping and then struck to the left up the East Elver under a gentle Breeze toward of my lines in order to cut me off from a retreat. Hell-Gate and kept up an incessant Fire assisted My left wing gave way, which was composed of with the Cannon at Governor's Island; The Bat- the militia. I lay myself on the right wing waiting teries from the City return'd the Ships the like for the hoats until Captain Prentice came to me Salutation ; 3 Men agape, idle Spectators, had the and told me if I meant to save myself to leave the misfortune of being killed by one Cannon-ball, the Hues, for that was the orders on the left, and that other mischief suffered on our side was iaconsid- they had left the lines. I then told my men to erable Saving the making a few Holes in some of make the best of their way, as I found I had bat the Buildings ; one shot struck within 6 Foot of about ten left with me." Colonel Douglas's letter, Gen. Washington as he was on Horseback riding September 18, 1776. Memoirs Long Island His- into the Fort." Joshua Babcock, in Ehode Island torioal Society, III. Archives. NEW-YOEK DUEING THE EEVOLUTION 517 frightened levies of Kip's Bay had not the " seasoning " of the sur- prised army of Cedar Creek. In an open field, where now stand the Reservoir and Bryant Park, the general-in-chief , assisted by his staff and several general officers, made a final and des- perate effort to rally the fugitives; and here, lingering in the vain hope of presenting a decent front to the British, Washington nearly fell into their hands, and in mingled wrath and despair was fairly dragged away by his friends.^ General Putnam, fearing that Silliman's brigade and Knox's artillery, then in the city, would be cut off, hastened in person to extricate those troops from their perilous position. Gruided by young Aaron Burr, of his staff, the Americans moved rapidly under cover of the woods and fences from Bayard's Hill across the country to Monument Lane (now Greenwich Avenue), and through Eighth Avenue as far as Forty-second street.^ Thence Putnam pushed his panting men along the banks of the North River, still under cover of the woods, brunswick gbenadier. taking the Bloomingdale Road near Seventieth street, and then on to Harlem Heights, where the exhausted foot- soldiers arrived early in the evening. The day was very hot, and more than one poor fellow, weakened by disease, fell by the way. Near Bloomingdale a party of the enemy overtook the Ameri- cans, but were repulsed by SUliman's rear-guard. In almost all the reputable histories^ it has usually been claimed that Putnam owed his success in bringing off Silliman and Knox to a happy inspiration of Mrs. Murray of Incleberg, a locality now known as Murray Hill.* While there seemed to be as yet no possi- bility that the American troops in the lower part of the island could escape the trap in which they had been caught, she invited General Howe and other prominent officers to halt in their pursuit of Wash- ington's demoralized militia, and to refresh themselves under her vine and fig-tree. But there is every reason to think that the 1 " At the first sound of the firing I rode with all possible dispatch towards the place of landing, when, to my surprise and mortification, I found the troops that had been posted in the lines re- treating with the utmost precipitation ; and those ordered to support them, Parsons' and FeUows' brigades, flying in every direction and in the ut- most confusion I used every effort in my power to raUy and get them in order, but my attempts were fruitless and ineffectual, and on the appearance of a small party of the enemy, not more than sixty or seventy in number, their dis- order increased, and they ran away without firing a shot." (Washington to Congress.) In eertaiu features of panics, as in other things, history re- peats itself. At Kip's Bay, Paymaster Sill testi- fied that ** there was a cry from the rear that the Light Horse were advancing, and a great part of the battalion precipitately threw themselves into the lot on the west side of the road." At Bull Eun it was "the Black Horse Cavalry are coming. " [T. F. R.] 2 Mem. L. I. Hist. Soc, IH, 238, Johnston. 3 Bancroft's "United States," 5 : 45 (ed. of 1883). i The Murray mansion stood on Fourth Avenue, near Thirty-seventh street. 518 HISTOKY OF NEW-YOBK movements of the British forces had been ordered, and were in course of execution, before Sir William fell a victim to the blandish- ments of the patriotic Quakeress and her fair daughters. With a couple of lieutenant-generals to look after such details as picking up stragglers and taking possession of an abandoned town, the commanding general might well relax his "grim visage" for an hour or two, without sacrificing any military advantage. The mo- ment a landing was effected, and the post-road gained, Donop's Hessians^ were sent down by that route to take formal possession of the city; Putnam's skilful retreat along the wooded bank of the Hudson enabled him to avoid the enemy until it was too late to intercept him. General Washington retired to Harlem Heights,' where he prepared to await the enemy's further movements and gather strength for re- sistance. The British extended their lines from Bloomingdale across the island to Horn's Hook, with pickets well to the front, in the plain between the lines, which became a sort of neutral ground. After a night of more or less rest on the part of the opposing forces, early in the morning of the 16th a scouting-party consisting of Knowlton's Eangers ' encountered the British pickets near Hogeland's house (112th street and Twelfth Avenue) and had a smart skirmish with a portion of the enemy (the hght infantry) there. Two battalions of that corps, together with the Forty-second Highlanders, about four hundred men, were sent to punish the temerity of the Americans, who fell back, slowly, in such good order (taking advantage of the stone fences and firing with precision) that by the time they had covered the two miles to their own lines they had inflicted considerable loss upon the enemy, losing ten men themselves. The British troops, according to a witness, " in solid column," followed the retiring rangers, disdain- ing shelter, until they reached the northern edge of Bloomingdale 1 " Last Sunday (September 15) we landed amid one head of the family after another appeared, the loud cannonading of five aloops-of-war, in flat- and tears of joy and thankfulness rolled down boats from Long Island, on New York Island the cheeks of these once happy people, when, to about four miles from New York City. As rifle- their great surprise, they found their houses, men we were detailed as an advance-guard ; and fruits, animals and furniture intact, and learned during the afternoon we took entire possession of from me that I had only taken possession of them this part of the Island. Hardly, however, had we for their protection. Nor could they believe me taken up our quarters when a new alarm on the until I had tua'ned their property over to them." part of the rebels obliged us to turn out. I had Lieutenant Henrich, "Hessian Letters" (Stone), the right wing of the advanced guard; and as 2 from " Point of Rocks," at Ninth Avenue and our march led us toward. King's Bridge, I was 126th street, northwesterly to the Hudson ; oppo- most of the time near the Bast River, along whose site to these heights on the south side and across banks are the most beautiful houses. I had the a hollow way (through which Manhattan Avenue honor of taking possession of these handsome now runs) was another parallel line of bluffs ex- dwelhngs, and also of the enemy's battery, where tending from 125th street and Ninth Avenue to I found five cannon. The rebels fled in every 129th street and North River, and later known as direction. All of these houses were filled with " Bloomingdale Heights." furniture and other valuable articles, lawfiil prizes 3 Composed of about one hundred volunteers of war ; but the owners had fled, leaving all their from Durkee, Conn., and other New England regi- slaves behind. In a day or two after, however, ments, acting as scouts. NEW-YOBK DUEING THE REVOLUTION 519 EAST VIEW OE HELL GATE, 1776. Heights, where in derision their buglers sounded a fox-hunter's peal. Washington, observing this from his outlook on the Point of Rocks, caused a detachment from Nixon's brigade, under Lieutenant-Colonel Crary, of Varnum's Rhode Islanders, to demonstrate in the British front, while Colonel Knowlton, with his rangers and one hundred and twenty Virginians under Major Leitch, was directed to move around the en- emy's right and gain their rear. The effort was almost a com- plete success. The light infan- try and High- landers, noting Crary 's small force apparent- ly at their mercy in the "hollow way," ran down to attack them. Knowlton and Leitch, accompanied by Colonel Read, attempted to execute their part of the program, but owing to a mistake in direc- tion came out on the enemy's flank, rather than in rear, causing him to fall back over the bluff he had previously occupied, closely pressed by Knowlton's and Crary's detachments. Here fell Knowl- ton and Leitch, the former mortally, the latter severely wounded.' The retreating Britons were closely followed by the Americans. Washington, fearing they might go too far, reinforced them with three companies of Marylanders, under Major Price, and some New England troops, swelling the patriot force to about eighteen hundred men. This was timely, for General Howe, at the Apthorpe House, becoming anxious for his light infantry, ordered the reserve and some Hessians, together with two three-pounder field-pieces, to their support. What had commenced as " an affair of outposts " had de- veloped into a very respectable fight in which each army was repre- sented by some of its best troops. It was witnessed and, to some extent, participated in by the principal officers of both armies, Washington, Putnam, Grreene, and Clinton encouraging their troops, while the British commander-in-chief began to think a general en- gagement was imminent. But, after pressing the enemy back to their lines, Washington prudently withdrew his force, well satisfied with the morning's work. Its physical results were a British loss of eight officers and fourteen men killed, and about seventy wounded;'- on 1 Professor Johnston says : " We can identify the spot where the fall of these brave officers occurred as on the summit of the Bloomingdale ^eights below 119th street, about half-way be- tween the lines of 9th and 10th avenues." Mem. L. I. Hist. Soc, 3: 254. 2 Howe's official report. 520 HISTOEY OF NEW-YOBK tte side of fheir opponents about twenty-five killed (including four ofiB.cers), and fifty-five wounded. To the Americans, at this moment of their greatest depression, it had all the moral value of an impor- tant victory : it restored their confidence. After this affair Washington was permitted to pursue the work of reorganization, unmolested, for nearly a month. During this period he did not "spare the spade and the pick-axe"— as much as a means of keeping his men out of mischief as to erect necessary defensive works. Of these he completed three lines extending entirely across the island, from the Hudson to the Harlem, between One Hundred and Forty-fifth and One Hundred and Sixtieth streets. Signal-sta- tions were also established on the extension of the first line as far eastward as Throgg's Neck. On Oc- tober 5, the official returns of Wash- ington's army showed a personnel of 25,735, of whom 8,075 were sick or absent, leaving less than eighteen thousand, nominally, "for duty." Part of these were in New Jersey, and at least fifty per cent, were of less than one year's experience as soldiers. The army was especially weak in the quality of its officers ; many of them were inferior, socially, to the men, and Adjutant-General Reed relates his disgust that "a cap- tain of horse who attends the General from Connecticut, was seen shaving one of his men on the parade," near the headquarters.^ With hostile armies encamped in close proximity, the pickets are apt, during the first few days, to keep up an irregular but harassing fire on each other. Those stationed at this time on Montresor's Island and the Morrisania shore were no exceptions to the rule. After one or two American soldiers and a British officer had fallen victims to this unprofitable rifle-practice, it was discontinued by mutual consent. The pickets became "so polite to each other on their posts that one day at a part of the creek where it was practicable, the British senti- nel asked the American, who was nearly opposite to him, if he would give him a chew of tobacco ; the latter having in his pocket a piece of a thick, twilled roll, sent it across the creek to the British sentinel, who, after taking off his bite, sent the remainder back again." 1 Washington's headquarters at this time were at the Roger Morris house (afterward Mme. Jumel's. See p. 522). NEW- YORK DUEING THE REVOLUTION 521 General Howe now proceeded to make another effort to cut Ms enemy's communications, and perhaps capture his entire force. So on October 12 he embarked a large part of his army on flatboats bound up the Sound ; but adverse winds delayed the flotilla, and it did not reach Throgg's^ Neck until the evening of the 14th. Find- ing this an impracticable landing-place, the British boats moved to Pell's Point, debarking on the 18th and marching toward New Rochelle. Washing- ton was early advised of the enemy's move- ments, and divined their purpose. He decided to abandon his position at Harlem and, by occupying the right bank of the Bronx Eiver, and moving parallel to the British column, to thwart their plans. At the same time he de- tached scouting parties to watch and worry Howe's troops, one of which, of seven hundred and fifty men, under General Glover, taking advantage of the rough country, abounding in stone fences, checked the enemy for some hours on his way to New Roehelle. Washington preempted a strong position at White Plains across the roads leading up the Hudson and to New England. On October 28 the two armies— ^o^'^'^-sbcond highlandees.2 each about thirteen thousand strong — stood face to face. The action which ensued was short, sharp, and creditable to the Americans. Avoiding a direct attack upon Washington's front, Howe sent four thousand men, in two columns, under Clinton and De Heister, to gain Chatterton Hill, a rocky eminence west of the Bronx Eiver, near the village. In this the British were forestalled by General McDougaU, who, with six hundred continentals, eight hundred militia and two guns under Captain Alexander Hamilton, gained the hill and handsomely resisted the enemy under a fire of thirty pieces of artillery.^ Eventually Rahl's Hessians forded the Bronx lower down, and a combined assault compelled McDougaU to fall back in good order upon White Plains, carrying with him his artillery and wounded. The casualties amounted on the American side to 130 killed and wounded and 30 (militia) missing; the British loss aggregated 231 killed and wounded. Washington now awaited an- other attack behind intrenchments made of the tops of corn turned inward and the roots, with adhering earth, outward.* The arrival of Lord Percy on the 30th, with reinforcements, rendered an attack 1 A corruption of " Throckmorton's" ; also called Heights, September, 1776. After the peace it be- "Frog's Point." came the seventy-third regiment of foot. 2Tliis regiment was raised for the American 3 See "Hist. Royal Regt. Artillery," Duncan, war, and participated in the affair of Harlem 4 General Heath's Memoirs. Boston, 1798. 522 HISTOEY OF NEW-YORK probable ; but a storm came up, and the Americans took advantage of it to retire to a much stronger position on the heights of New Castle, about five miles northwest of White Plains. When General Washington withdrew with his main force to White Plains, he left behind him, in Fort Washington, about three thousand men, under Colonel Magaw. This work mounted eighteen guns, and is described as " a pentagonal, bastioned earthwork, without a keep, having a feeble profile and scarcely any ditch. In its vicinity were batteries, redoubts and intrenched lines." ^ The territory to be de- fended had a radius of nearly three miles. The main work was intended, in connec- tion with Fort Con- stitution (Lee) on the opposite side of the Hudson, and certain obstructions in the channel, to guard the water communi- cations, but so far had failed materially Washington's headquaetees, haelbm. +q iTiterfere with the movements of hostile ships. General Greene was reluctant to abandon Fort Washington, and had confidence in the ability of its garrison to hold it. General Howe, having failed in his flank movement against the mobile American army, turned his attention to Magaw's isolated post.^ He moved with a part of his force to Dobbs Ferry on the Hudson, inducing Washington to think a crossing there was in- tended. A strong detachment of Americans was, therefore, thrown into New Jersey, and another marched to Peekskill. The British forces began to converge upon Fort Washington, and by the night of November 15 it was completely invested — Percy on the south, Knyp- hausen and Eahl on the north, Matthews, Cornwallis, and Stirling' on the east, while H. M. S. Pearl took up a cooperative position in the 1 Gen. Cullum, in "The Struggle for the Hud- son." "Narrative and Critical History of Amer- ica," Boston, 1888. 2 Although the British commander must have intended to attack Fort Washington immediately after White Plains, he was, doubtless, confirmed in his intention by information received from a deserter — Magaw's post-adjutant, William De- mont. In a letter published by Mr. B. F. De Lancey (in Mag. Am. History, Feb., 1877), dated London, Jan. 16, 1792, Dement says: " On the 2d of Nov. 1776 I Sacrificed all I was Worth in the World to the Service of my King and Country and joined the then Lord Percy, brought in with me the Plans of Fort Washington, by which Plans that Fortress was taken by his Majesty's Troops the 16 instant. Together with 2700 Prisoners and Stores & Ammunition to the amount of 1800 Pound." This statement, if true, explains the promptness and precision of the British attack. 3 Colonel Stirling, B. A. NEW-YOEK DUBING THE REVOLUTION 523 i \ \ 1 a 3 74.° 6.'WXoiu):'fn Londxm 524 HISTORY or NEW- YORK . 1 ^^k^^m ^ E*^ %* "^ S Sf^ ~"''r"'r"i_- 5'^" -.-_-...-. — . river on tlie northwest. On the 15th a demand for surrender, with the formidable alternative of being " put to the sword," met with a digni- fied refusal. Magaw reported to G-reene and Putnam, who visited him at this time, that his men were in good spirits and would make a good defense. On the next day (16th) a combined attack was made by Howe's forces, under cover of artillery fire from the east bank of the Harlem. Colonel Cadwallader, command- ing the outworks on the south, beset in front and rear, was the first to succumb. Baxter was MUed, and his detach- ment melted away be- fore the Hessians on the north; and finally, af- ter a gallant resistance against overwhelming numbers and a heavy artillery fire,^ Magaw was obliged to surrender to Knyphausen on honorable terms. The British admitted a loss of five hundred killed and wounded; the American casualties were one hundi'ed and fifty killed and wounded, two thousand six hundred and thirty-four taken prisoners, together with forty-three pieces of artillery.^ Into British hands thus passed, for the time being, the whole of New- York island. Before proceeding to matters immediately concerning the city at this time, a word of comment may be permitted. With Manhattan Island as the stage, the second act of a great drama had been played. The spectator could hardly realize the import of the performance. The actors were as unequal in strength as David and Goliath. Yet "all the world wondered" when the British commander lost three successive opportunities to crush or capture his antagonist, and it has never ceased to wonder at the patience, tact, and military ability that enabled the American general to gather, organize, and train FOKT LEE. 1 Major Duncan, in his " Hist. Eoyal Eegt. Ar- tUiery," says tliirty-four guns. 2 " George Selwyn, the other evening, in one of the polite gaming houses in London, hearing a young gentleman speaking with great animation of the miraculous escape of General Howe, who was said to have been patting Lord Percy's charger at the time the animal was shot under him, replied: 'You are right: and never was a more miraculous escape, or perhaps more temper shown upon any occasion than by the two gen- eral ofSeers in that situation.' 'How was that? I did not hear anything about it.' ' No ! Why it seems they were disputing about the age of the horse, and had made a bet upon it. Lord Percy said he was aged; Sir William said otherwise; and just as the latter was looking into his mouth to satisfy his doubts, a nine-pounder came from Port Washington and severed the horse's head from his body; upon which Sir WiUiam Howe, with great composure, took up the head and showed his lordship the mark in his mouth. Lord Percy, Instantly dismounting, paid him the money, and then, with the greatest intrepidity, led his brigade to the walls of the fort.' " " Mid- dlesex Journal," January 2, 1777, NEW-YOEK DURING THE EEVOLUTION 525 his ragged levies in the very face of the enemy, and, finally, to make a triumphal entry into the city from which he had been driven in the same month just seven years before. It is a well-established fact that the future of a great republic was probably assured by the result of the campaign of 1776, in and near the city of New- York." In the mean time the city had changed masters. The best account of what transpired in the early part of the new regime is that of the THE VICINITT OF FORT WASHINGTON IN 1779.3 loyalist Moravian pastor Schaukirk.^ He was the Samuel Pepys of New-York in the Eevolution, and notes in his diary that on Sunday, 1 Washington's own opinion was as follows : ' ' We should on all occasions avoid a general action, nor put anything to the risk, unless compelled by a necessity into which we ought never to be drawn. The war should be defensive, a war of posts." Washington to Congress, Sept. 8, 1776. In the " Middlesex Journal " of January 2, 1777, appeared the following lines, expressive of con- temporary comment on the movements of the contending armies : When Eome was urged by adverse fate. On Cannae's evil day, A Fabius saved the sinking state By caution and delay. "One only State I " reply'd a smart; " Why talk of such a dunce 1 When Billy Howe, by the same art, Can save Thirteen at once." 2 Ewald Gustav Schaukirk, bom in 1725 at Stet- tin, Prussia, emigrated to America in 1774, and in the year following was appointed pastor of the Mo- ravian Congregation, New-York. He was conse- crated bishop in 1785, and died at Hermhut, Sax- ony, in 1805. 3 The above illustration furnishes a bird's-eye view or plan of the vicinity of Fort Washington, after it had been captured by the British and its name changed to Fort Knyphausen. The follow- ing key explains the figures : Nos. 1, 2, 3, Spuyten Duy vU ; 4, 5, 6, 7, 8, American redoubt ; A, North or Cox Hai and its redoubt ; B, Palisades of the New Jersey shore ; C, Charles redoubt ; D, watch- house ; E, once a bridge of boats ; F, storehouses ; G, upper Cortlandt house; H, lower Cortlaudt house ; I, Port Independence ; K, Emmerich's Chas- seurs' encampment; L, farm-house; M, Queen's bridge; N, King's bridge (invisible); O, demol- ished house; Q, American redoubts; B, huts of the blacks ; S, encampment of the seventeenth English regiment, taken prisoners; T, encamp- ment of the body regiment; U, garden cut down for barricades; V, blockhouse; W, Laurel HiU; X, Holland's Perry ; Y, huts built by forty-fourth regiment English ; Z, Hessian riflemen and chas- seurs' encampment ; ala, a^a, fflSa, Port Clinton, nearly erected in 1779. 526 HISTOEY OF NEW-YOEK September 15, "the King's flag was put up again in the fort and the Rebels' taken down ; and, thns, the city was now delivered from those Usurpers who had oppressed it so long." The next day, " in the forenoon the first of the English troops came to town. They were drawn up in two lines in the Broadway ; Grovernor Tryon and others of the officers were present and a great concourse of people. Joy and gladness seemed to appear in all countenances, and persons who had been strangers, one to the other, formerly, were now very sociable together and friendly. The first that was done was that all „ _„ the houses of those who have had a part and a share in the Rebellion were marked as for- feited. Many, indeed, were marked by persons who had no . order to do so; and did it, per- haps, to one or the other from some personal resentment." A few days later (September 21) our Moravian chronicler writes that "in the first hour of the day, soon after midnight, the whole city was alarmed by a dreadful fire. It spread so violently that all what was done was but of little effect; if one was in one street and looked about, it broke out al- ready again in another street above; and thus it raged all the night and till about noon. The wind was pretty high from southeast and drove the flames to the northwest. It broke out about White Hall ; destroyed a part of Broad, Stone and Beaver streets, the Broadway and then the streets going to the North river and all along that river as far as the King's College. G-reat pains were taken to save Trinity Church, but in vain;' it was destroyed, as also the old Lutheran Church : and St. Paul's at the up- per end of the Broadway escaped very narrowly. . . . There are great reasons to suspect that some wicked incendiaries had a hand in this dreadful fire, which has consumed the fourth part of the city: several persons have been apprehended. Moreover there were few hands of the inhabitants to assist ; the bells being carried off, no timely alarm was SKAJ 1 "Long before the main fire readied. Trinity Churcli, that large, ancient and venerable edifice was in flames which baffled every effort to sup- press them. The steeple which was one hundred and forty feet high, the upper part, wood, and placed on an elevated situation resembled a vast pyramid of fire exhibiting a most grand and aw- ful spectacle." Moore's Diary Am. Revolution. NEW- YORK CUBING THE EEVOLUTION 527 given ; the engines were out of order ; the fire company broke ; and, also, no proper order and directions: all whicli contributed to the spreading of the flames."^ Four hundred and ninety-three houses were destroyed, and the place that knew them was a blackened ruin. The origin of the fire was never precisely ascertained. The British of course claimed that it was the result of " rebel " design. The propriety of making the city unavailable as quarters for the enemy had been a subject of discussion between Congi'ess, the committee of safety, and the general-in-chief and his military advisers ; but it had been decided 'triumphal entry of the royal troops into NEW-YORK." to spare New- York, and the consensus of opinion seems to ascribe the beginning of the fire to accident, and its violence and extent to the want of a fire department, and to the opportunities afforded by the circumstances to irresponsible incendiaries. While dense volumes of smoke yet ascended from the ruined city, another tragedy was being enacted within its limits. It was nothing unusual in war-time — merely the execution of a spy, the culmina- tion of a drum-head trial and conviction. The scene had few wit- 1 Another cause was tlie number of small wooden erected south of Duane street after 1766 should houses in the path of the flames. In 1761 the he of stone or brick; but the time extended to colonial authorities enacted that aU buildings 1774. 528 HISTOBY OP NEW- YOKE nesses and lacked sensational features. And yet the case was similar to that which gained for a British spy world-wide commiseration and a monument in Westminster Abbey, The continental army had, as yet, no organized system for obtaining military intelligence : its re- cent reverse on Long Island was largely due to this deficiency. Wash- ington determined to maintain the closest scrutiny of the enemy, and to this end caused the names of several persons to be sent to him. Among these was that of Nathan Hale of Connecticut, a captain in the picked corps of Knowlton's Eangers. Young, handsome, self- reliant, a graduate of Harvard and familiar with the country, he seemed an ideal scout. Disguised as a schoolmaster. Hale crossed " REPRESENTATION OP THE TERRIBLE FIEE IN NEW-YORK." over to Long Island, entered the British lines, and penetrated into the city. With valuable information as to numbers and positions of the enemy, he was about to return, when he was arrested on the shores of Huntington Bay by a patrol-boat from a British man-of- war. Instead of attempting a defense or explaining the papers found on his person, he frankly declared his rank in Washington's army, and the object of his visit to the British camp. If tradition and meager records are correct, the scene of his examination and sentence was the little greenhouse in the garden of the old Beekman mansion (on Fifty-second street, near First avenue), where Howe had fixed his headquarters. His fate was sealed. With unusual severity he was NEW-YOBK DURING THE EEVOLUTION 529 deprived by the brutal provost-marshal, Cunningham, of all comforts even of a bible or clergyman; a kind-hearted British officer eventually procured for him writing materials, with which he wrote a letter to his mother. He suffered death in the ignominious manner prescribed for his offense by military law and custom. Nothing, however, can obscure the memory of the heroism with which he met his fate. The spirit of the true soldier was ex- pressed when he accepted, the detail, in his remark that "every kind of service necessary to the public good became honorable by being neces- sary " ; the soul of a martyr patriot inspired his last words : "I only regret that I have but one life to lose for my country." ^ The New- York of 1777 had but few of the attractions over which travelers in more quiet times were wont to wax eloquent. The mailed hand of war had been laid heavily upon it. Its beautiful groves had been cut down by the military sap- per; its velvet lawns upturned for intrenchment purposes or indented by artiUery-wheels ; and its fairest and broadest avenue had been blackened and Mutilated by the flames. But the foreigners who now elbowed the natives gave but little heed to such mournful sights. It was in keeping with the profession of arms, and they made the best of it. > The garrison comprised a brigade of foot (fourth, fifteenth, twenty- seventh, and forty-fifth regiments), a squadron of the seventeenth light dragoons, and three regiments of Hessians, all in the city proper. At Harlem there was a brigade of British foot (sixth, twenty- third, and forty-fourth regiments), together with a brigade of Hessians. The headquarters of the commandant, No. 1 Broadway, was daily the scene of military bustle. There might be found, arriving or de- parting, spruce aides-de-camp or grim old field-officers ; " lounging about the entrance were well set-up orderlies in different costumes ; the gunner in full dress, with his gold-laced cocked-hat with black feathers, his hair clubbed and powdered, white stock, white breeches. CAPTAIN NATHAN HALE. 1 Captain Hale was executed in the Rutgers orchard on East Broadway. In 1886 the Sons of the Revolution initiated a movement to erect a statue. It is now cast in Paris, modeled by an American residing there, and is to arrive here some time during the present year. It was exhib- VOL. II.— 34. ited in the Salon of 1891, and received the gold medal. It is to be placed in the northwest comer of the City HaU Park. Unfortunately there is no portrait of Hale, and the above is taken from Karl Gerhardt's ideal bronze statue. Editor. 530 HISTOBY OF NEW-YORK and wMte stockings, and armed with a carbine and a bayonet ; or per- haps in the marvelous undress (invented by Colonel Cleaveland, E. A.) — a blue jacket and brown trowsers. Among the others is also to be seen an occasional negro, in no particular uniform at all, one of a com- In CO N G R E S S. The Delegates of the United Colonies of New-.Hamffl>irc, MaJfacbufells-Bay,Rhi>de-JJland, Cam, Niw-Terl, Ncw-Jer/ey, Pennfyhania, the Counties of Newcajlh, Kent^ and 'Sujfex oa Dilaieare, Maq, land, Virginia, Nonb-CaroUna, and Stuti-Carclina, to v ,7^r,^<.,r^ }y.7^^ '■^ '''■/'■■ --> w E- lepofmgefpecial truft and confidence in. yourjiflriotifmi valour, conduft and fidelity, DO bjf-^ ^ ^j _, j^/f/'.ii'-!-^' .?■•■. /K^ -y/v'^i' ,r-iui'',i^- ':X.^, ;;,^^,,/,-.v''^>,-v'''L^»-^^.^>3l^? -.-ip L:^r^^<: by dfSiogand performing all manner of things thereunto belonging. And we (fe> ftriflly charge and require all officers and foldicrs under your ccmmand, to, be obedient to your orders, as \_' ^■■',%'^'y^''/y'i^'^ « And you are to obfcrve and follow fueh orders and direftions from ' time to time as you fhall receive from this or a future Congrefs of the United Colonici, or Committee of Con^efs, for that purpofe appointed, or Commander in Chief for the time being of the army of the United Colonies, or any other your fupciior ciEcer, according to the rules and difcipline of war, in purfuance of thel truft repofed in you. This commiflion to continue in force until revoked by this or. a future, CongFels. ■ '^'^''''^i^-^^.^^^/'^SS^'-/ ■ • ^y Order of tkCo^r^,-_ :. ^:^,^ ^J^;^^iiy^'yy/'/■;■< \ .1 "-A^ i \ \^\^ •«f i ' — — 1 : — ~t! 4, .■ V V ?. < . s * I -^ \ ^ ^% yi ^ -^^ \ '^ . XV .V i 5 1 ^< ^^\^^^ Hi ^^tjTIO^fi^ U-M^\ IX^^At -V 532 HISTORY OF NEW- YOKE For a background the ruined abbey-like walls of old Trinity rose majestically above tbe motley throng of soldiers and citizens drawn to witness the important ceremony. " Here might be seen the Hes- sian with his towering brass-fronted cap, mustachios colored with the same material that coloured his shoes, his hair plastered with tallow and flour, and tightly drawn into a long appendage reaching from the back of the head to his waist, his blue uniform almost covered by the broad belts sustaining his cartouch box, his brass-hilted sword and his bayonet ; a yellow waistcoat with flaps and yellow breeches were met at the knees by black gaiters, and thus heavily equipped he stood NEW \ ORE PKOM RE\R OF COLONEL KUThEKb'S I HOUSE 1770 an automaton, and received the command or cane of the of&cer who inspected him. A contrast to the Grerman was the Highlander, who, though loaded with weapons and accoutrements, appeared free and flowing in the contour of his figure. His low, checkered bonnet, his tartan or plaid, his short, red coat, his kilt leaving his knees exposed to the view and the winds, and his legs partly covered by the many coloured hose of his country. His musket, bayonet, broadsword, dirk and pistols showed a formidable array for the strife of blood, and the ornamental portion of his dress was completed by a pouch hanging in front of his kilt decorated with tassels. This costume was changed after the first or second campaign in a country whose temperature and warfare were both unsuited to it. These were the most striking and most contrasted costumes of the army of the King at this time, though we could perhaps describe graphically the gallant grenadiers of Anspach, with their towering black caps and sombre but military array ; — the gaudy Waldeckers, their cocked hats edged with yellow scollops; the German Jagers, and the various corps of English in glittering and gallant pomp." ^ 1 " History of the American Theatre." Dunlap, N. Y., 1832. NEW-YOEK DUEING THE EEVOLUTION 533 Within a space sacredly reserved for the principal officers of the garrison and their friends might often be seen the dignified form of Sir Henry Clinton, the jolly rotundity of Lord Cornwallis, or the wiry figure of honest General Pattison — "the Gunner who governed New York." 1 Again, there were visible the well-known faces of the Howes — the indolent soldier and the gallant sailor; the popular and gifted Andre ; the amiable artilleryman Williams, bending in graceful devo- tion over the fair loyalists who usually mustered in force on fine days. But the guard is march- ing of£ to the main guard- house at the City Hall, in Wall street, and the spectators are dispers- ing. Stately burghers exchange snuff-box cour- tesies with pompous general officers ; gay and youthful cavaliers attend their maidens fair on their shopping campaigns in Hanover Square, where in the early years of the war the richest stuffs and rarest trinkets were dis- played. "Society" en- deavored successfully to forget the troubles that distracted the country, and dinners, routs, and amateur theatricals were freely indulged in. Then, as often now, charity went hand in hand with pleasure. The "rebel Congress" had closed the little red thea- ter in John street, the year before, with a view of improving the morals of the country, injuriously affected, as the staid Boston members thought, by "theatricals, cock-fighting, and horse-racing," It was reopened in January, 1777, as the "Theatre Royal," by the "Garrison Dramatic Club," composed of some of the brightest men in the British army. The surgeon-general of the forces, Doctor Beau- mont, was manager and principal low-comedian ; Major Williams of lAs Major Drmean, R. A., calls Mm in Hist. scarlet coat, blue facings, wMte breeches and Eoyal Eegt. Artillery." waistcoat, black gaiters up to the knees, a bear- 2 "These figures represent his Majesty George skin cap with a brass plate in front." "History III. in the dress of a general officer attended by of the Dress of the British Soldier," Lieutenant- au officer of heavy and light dragoons. The sen- Colonel John Luard, London, 1852. try presenting arms i.s a fusilier, whose dress is a tmiFOKMS OP THE BRITISH ARMY, 1776 -99. '^ 534 HISTOET OF NEW-YOBK the Eoyal Artillery was the star tragedian ; Captain Oliver De Lancey was scene painter ; Major Moncrieff of the Engineers made a capital Othello ; Captains Loftns of the Gruards, Braddon and Seix of the Foot, took lighter parts ; some of the younger subalterns essayed female characters ; while the versatile Andre wrote plays, painted scenes, or impersonated Romeo with equal ease and amiability. " The military Thespians began their transatlantic histrionic career in Boston as well as their less bril- liant career of arms. As no theatre had been built in the town of Boston, some place admitting of the change must have been EUINS OF TKINITT, AJSTD THE PBOVINCE AEMS. ^^^^^^ ^^ ^g g^^J^^ T^^LQ &Q- complished Burgoyne, who began as a dramatic author in 1775, by the 'Maid of the Oaks,' now produced his second drama in that stronghold of Puritanism and unconquerable liberty, and the 'Heir- ess' was preceded by a farce called the 'Blockade of Boston.' It is remembered that while the officers were performing Burgoyne's farce, an alarm was given that the rebels had assaulted the lines; and when a sergeant entered and announced the fact, the audience sup- posing his words 'The rebels have attacked the lines on the Neck,' belonged to the farce, applauded the very natural acting of the man,"-"^ and were not undeceived until the commanding general, who was in the audience, rose and ordered all officers to their posts. The theater in John street was of rude architecture, some sixty feet back from the sidewalk. There were two rows of boxes, which with the pit and gallery, when filled, yielded about eight hundred dollars a night.^ The orchestra was unusually good, being made up of volun- teers from the regimental bands. There were fourteen musicians at a dollar a night. The scenery was often poor, but the costumes were always handsome. The rules of the club were enforced with military precision. Not only were the seats required to be purchased before the evening of the performance, but patrons were compelled to send 1 Dunlap, Hist. Am. Theatre. 2 " In tlte first American play produced in New- York, and the first comedy by an American that was American in theme — 'The Contrast, ' by Judge Tyler of Vermont — the original Jonathan is made to describe the theater in New York at the time it was reopened after the Revolution. 'As I was looking here and there for it,' Jonathan says, ' I saw a great crowd of folks going into a long entry that had lanterns over the door, so I asked the man if that was the place they played hocus pocusi He was a very civil kind of a man, though he did speak like the Hessians ; he lifted up his eyes and says : ' They play hocus pocus tricks enough there, Got knows, mine friend.' So I went right in and they showed me away clean up to the garret, just like a meeting-house gallery. And so I saw a power of topping folks, all sitting around in little cabins just like father's corncrib.'" "History American Theatre," SeUhamer, 1, 212, PhUa.,. 1888. NEW-YORK DURING THE REVOLUTION 535 CLINTON'S BULLET DESPATCH.2 their servants at half-past four in the afternoon to keep their seats until the curtain rose at seven. Dunlap says : "It must have been a ludicrous sight during these two hours and a half — that dusky audi- ence with nothing to hear, those crowded spectators with nothing to see." The proceeds, after deducting unavoidable expenses, were devoted to the relief of the soldiers' families. It is said the gross receipts of the club, in one year, amounted to nine thousand five hun- dred pounds.* The last per- formance was given June 11,1781, The prologue for the play performed January 6, 1778, written, probably, by Captain Stanley, a member of the club, has the flavor of the period : " Now that hoar winter o'er the frozen plain Has spread the terrors of his dreary reign, Has bade awhile the din of battle cease, And mock these regions with the mask of peace, Once more the Scenic Muse exerts her power. And claims her portion of the leisure hour To prompt the laugh, the brow of care to smooth (And this sad land has cares enough to soothe), To wake to pity, and, with soft control. Melt into tender sympathy the soul; Vice to discourage, or, with bolder aim, Eouse to high deed and point the way to fames These are the ends which from the earhest age Have been the boast and object of the stage. We have a nobler purpose still in view, A tribute to our fallen comrades due : From us their helpless infants shall be fed. And fainting misery receive its bread. Britons ! (and your generous thirst of fame Has fuUy prov'd you worthy of the name), Tho' scowling faction's interested band At home asperse us, and with envious hand 1 Hist. Royal Regt. Artillery, Duncan. 2 On the way up the Hudson River to effect that weU-planned junction with General Burgoyne in 1777, which never took place, Sir Henry Clin- ton wrote a despatch on tissue paper, and inclosed it in a hollow silver buUet. The messenger, taken prisoner, swallowed the bullet, but was given an emetic. Thus the despatch came into the posses- sion of Governor George Clinton. Its contents were as follows: "Nous y void [Here I am] and nothing between me and Gates. I sincerely hope .this little success of ouxs may facilitate your oper- ations. In answer to your letter of September 28th by 0. C, I shall only say I cannot presume to order, or even to advise, for reasons obvious. I wish you success. — H. Clinton." The success re- ferred to was the taking of Fort Constitution. 536 HISTOEY OF NEW-YOEK Our well earn'd laurels tear, the public weal Bids us not murmur whatsoe'er we feel; To those whose bounty thus our toil repays, friends ! withold not the full meed of praise ! There must have been a literary thread run- ning through the social fabric of this Anglo- Grerman- American garrison town, as the Elliot Manuscript states that "At Mr. Deane's in New York last evening (1779) Captain Andre read an extempore on Love and Fashion, and a characteristic ' Dream,' about the rebels, for which he gained much applause from ' the fair and the bold.' His allusions to 'Jacky' Jay, 'Paddy' McKean, and other rebellious sub- jects were excellent." An extract from the "Dream" sounds prophetic: — "The whole Continental Army now passed in review be- fore me. They were forced to put on the ■ form of the timid hare whose disposition they already possessed. "With ears erect, they seemed watching the first appearance of danger and ready to fly even at the appearance of it. But what was very singular, a brass collar was af&xed to the neck of one of their leaders, on which I saw distinctly the following lines : " They win the fight, that win the race, alluding to the maxim he had always pursued, of making a good and timely retreat." Other entertainments of a less intellectual character were bull-fights.-^ The government of the city was vested in the military commandant, although there was a mayor, David Mathews,^ {2j£kjS)J^a>/^%.Jiz ^^^ other inferior civil functionaries. The citi- zens were required to serve as a night-watch, MAJOK andr:^. 1 The following advertisement appeared in ' ' Riv- ington's Gazette " : " This day being Wednesday, the 20th of June (1781) -will be exhibited at Brook- lyn ferry, A BULL BAITING, after the true English manner. Taurus wiU be brought to the ring at half -past three o'clock; some good dogs are already provided, but every assistance of that sort will be esteemed a favor. A dinner exactly British will be upon Loosley's table at eleven o'clock, after which there is not the least doubt but that the Song called ' O ! the Roast Beef of Old England !' will be sung with harmony and glee." 2 David Mathews was Mayor of New-York during the whole of the period that the British occupied the city. When Mayor Hicks resigned, Mathews represented the East ward as alderman, and he was at once invested with the chief magis- tracy by the military authorities. In the fac- simile of the extra sheet of Gaine's " Gazette," on p. 553, win be found an order regarding the price of bread, and one regulating ferry rates signed by Mr. Mathews, as mayor, together with two other important ofliciaJs. NEW-YOEK DUEING THE EEVOLUTION 537 ^^^'^^"cCt^ic- ,a^ {^^t^acy^"^^ m^ta^i^^ i^^-^^^'^i^ a(»-2y)~^^ ^ce^t^. 538 HISTOEY OF NEW-YOBK -S^n^ and were subject to twenty-four hours' imprisonment in the main guard-house or a fine of one dollar for each absence without per- mission. Chimneys were swept once a month. Every stranger was required to report his arrival at headquarters. Public houses were licensed on recommendation of principal officers of the army or navy, or of respectable citizens. Landlords were forbidden to harbor sol- diers or sailors after 8 p. m., and fires and lights must be put out by 9 p. M. Prices were fixed for provisions ; while the necessaries of life became scarce and dear, claret was cheap and plentiful, and Major Duncan says that "there are in the Eoyal Artillery Record Office, permit books of Gren. Pattison [then commandant] from which the filial affection of the subalterns in the garrison can be gauged by the amount of claret they received permission to send from New York to their anxious parents." At this time tea was eighteen shillings per 1 Copied from the original in the possession of Thomas F. McKee, Esq., of this city, by whose permission it is here reproduced in fac-slmile for the first time. It was read by Captain (soon after promoted Major) Andrfi on the reopening of the John Street Theater, Jan. 9, 1779. The plays were " Chrononhotonthologos," and "Taste." The Queen, Maids of Honor, and Lady Pentweazle were performed "by young ladies and grown gentle- women who never appeared on any stage before." The night's receipts were £179 5s. 4d. , disbursed as follows: "Paid 44 widows each 20s, together with 1 pr. shoes and 1 pr. stockings to 40 of the above. Paid 72 children 20s each and 16 orphans at 45s 4d each." "Hist. Eoyal Kegt. of Artillery." NEW-YOEK DUKING THE EEVOLUTION 539 pound/ G-eneral Pattison was probably the most popular comman- dant of all who performed that duty during the British occupation. He was a colonel in the royal artillery, and had served with distinction in Portugal, Flanders, and Venice. He is described by Duncan as "a wiry, muscular man of about fifty-four years of age ; his staff were mere boys, and yet he outlived them both. The characteristic which struck everyone most was his courtly urban- ity: every hat which was raised by passers-by was courteously acknow- ledged; and for everyone whom he knew there was a pleasant, kindly word." Notwithstanding the extraor- dinary inducements held out at that time, throughout Great Britain, to en- ter the army,^ the supply threatened to run short of the demand. The Irish artillery was then a separate corps from the royal artillery, and naturally secured the best of the men recruited in Ireland; the remainder were as- signed to the royal branch. In a letter from the commandant at New- York he said: "The drafts have arrived, four having deserted and one having died on the passage. I should not have been much af- flicted if many of those who landed had saved me, either by death or desertion, the pain of looking at them, for such warriors of 5 feet 5J inches I never saw raised before for the service of Artillery. I presume the reason why so few stand of arms accompanied them, was the consideration of these whippers-in, and postillions of fel- lows, being unable to bear them : but I must see how far the strength of these diminutive warriors is equal to carry muskets cut down, for 1 "Notwithstanding the war, New York is plen- tifully supplied from Long Island with prOTisions of all kinds. It must however be confessed, that almost every article hears an exorbitant price, when compared with that of former happy times. Both the north and east rivers abound with a great variety of excellent fish. Lobsters, of a prodigious size, were, tiU late caught in vast numbers, but it is a fact, surprising as it may appear, that, since the late incessant cannonading, they have entirely forsaken the coast, not one having been taken, or seen, since the commencement of hostilities." "Letters from America," W. Eddis: New-York, Aug. 16, 1777 ; London, 1792. 2 Cork, August 17, 1776.— " Yesterday, Major Boyle, representative in Parliament for Tralee (who is raising a body of men for his Majesty's Service), began recruiting here and met with great success, which is not surprising if we consider his connections and the uncommon support he has received from the noblemen and gentlemen of this province. His method of enlisting was as uncommon as it was pleasing to those who viewed the procession which was as follows: (1) Major Boyle bearing a large purse of gold. (2) Cap- tain Cowley. (3) A great number of likely recruits. (4) An elegant band of music, consist- ing of French horns, hautboys, clarionets, and bassoons, playing ' God save the King.' (5) A large brewer's dray with five barrels of beer, the horse richly caparisoned and ornamented with ribbands. (6) Two draymen with cockades to serve the beer. (7) The Eecruitiug Sergeant. (8) Drums and Fifes. (9) Another division of re- cruits. (10) The Recruiting Soldiers. (11) Pro- digious concourse of spectators." "N.Y. Gazetteer." 540 HISTORY OF NEW- YORK they shall never appear, while I command them, otherwise than as soldiers." The particular "horror" of long-continued war is that of the mili- tary prison. At the close of 1776 nearly five thousand Americans^ were confined in the "Jersey "Prison-ship, and the Brick, Middle Dutch, North Dutch, and French churches. Kings College, " the New Gaol," the Sugar-houses, and the City Hall. The New Gaol or the Provost (Hall of Records) was destined, says Pintard, "for the more notorious rebels civil, naval and military. One of the rooms was appropriated to officers and characters of superior rank, and was called Congress Hall. So closely were they packed that when they lay down at night to rest (when their bones ached) on the hard oak planks, and they wished to turn, it was, altogether, by word of command — 'right'— 'left'; being so wedged as to form almost a solid mass of human bodies. The Provost Marshal was Captain Cunningham, notorious for his cruelty to the prisoners-of-war under his charge. He was executed for forgery in London, August 10, 1791." ^ Another fire occurred August 3, 1778, on Cruger's Wharf, and about fifty houses were destroyed. It was said the loss was increased by the ill-advised attempt of the British officers to direct the firemen. The citizens complained to the commandant, who thereupon issued 1 RETURN OF THE PEISONEES TAKEN IN NEW- YORK, DURING 1776. WHERE. COMMISSIONED OFPICEES, STAFF OFFICERS AND PRIVATES. WHEN TAKEN. 1 o "3 i s o o D 03 o i 1 03 1 p. ts a 1 OD 1 3 ID at S i 1 P i 1 1 1 1 g Aug. 27 . . . Sept. 15 ( Cot. 12... Nov. 16 . . . Nov. 18 . . . Long Island . York Island . White Plains Fort Wash-) Ington . . . S Fort Lee 2 3 1 i i 2 i 2 3 6 18 4 1 66 43 7 2 107 1 31 1 3 1 1 2 1 i 2 a 5 3 2 1 1 3 1006 354 35 2637 99 9 officers, ) 66pvt8. 5 6 officers, ) 53 pvts. i Total 2 8 10 10 79 160 43 4 4 3 11 2 1 1 3 4131 Oopi/. Chatham, Jan. 30, 1777.— A true copy taken from the Commissary-General's and brought from York hy Major Wells. P. S.— The original taken in New Jersey, sent to Governor Brooks. [Original, ammig lAeut- Colonel Bensliaw's papers.} lln Ms "last dying confession" he made the following statement: "I was appointed Provost Marshal to the Royal Army which placed me in a situation to wreak my vengeance on the Ameri- cans. I shudder to think of the murders I have been accessory to, both with and without orders from Government, especially while in New York, during which time there were more than two thou- sand prisoners starved in the churches, by stop- ping their rations which I sold. There were also two hundred and seventy-five American prisoners and obnoxious persons executed, which were thus conducted : a guard was despatched from the Pro- vost about half -past twelve at night to the Barrack street and the neighborhood of the upper Barracks, to order the people to shut their window-shutters and put out their lights, forbidding them at the same time to look out of their windows and doors on pain of death ; after which the unfortunate prisoners were conducted, gagged, just behind the upper barracks, and hung without ceremony and then buried by the black pioneer of the Provost." NEW-YOEK DUEING THE EEVOLUTION 541 an order forbidding military interference on such occasions. This, however, did not subdue the military ardor of those present at the burning (October 24, 1778) of the dwelling of Nicholas Stuyvesant in the Bowery. Colonel Munichausen of the Hessians exerted himself, together with his officers, in protecting the property, placing a guard at the disposal of the family for that purpose. The duello was in full force among the British ; affairs were frequent and often serious. Such was the encounter, in a private room at Hull's Tavern, between Captain the Honorable J. ToUemache, of H. M. S. Zebra, and Captain Pennington of the Gruards. They fought with swords. Pennington " DEBARKATION OP THE ENaLISH TROOPS IN NEW-YORK." had seven wounds, but recovered; ToUemache was thrust through the heart, and was buried the next day in Trinity churchyard. Occasionally, "war's rude alarm" demanded more serious busi- ness of the troops stationed at New-York. The French fleet, under the Count D'Estaing, having arrived on the coast of Virginia early in July, 1778, in its search for the British ships, bore away for the harbor of New-York, and anchored off Sandy Hook about July 11. This was sufficient to create a sensation in the city and in the bay, where the British fleet was not so strong as it had been. But it was a false alarm, as the French admiral's objective proved to be Ehode Isl- and. It happened that one of the most memorable winters in the city's history was that of 1779-80, when the Hudson was covered with 542 HISTOEY OF NEW-YOEK ice eighteen feet thick. The largest army, with the heaviest artillery and baggage, might have passed over the ice with ease, while the ships of war were frozen up in the bay and rendered useless for the time. The commanding general, Knyphausen, naturally feared that "Washington would take ad- vantage of the opportunity to attack the city, and the most extraordinary precautions were taken. Seconded by General Pattison, a levy en masse was made upon the inhabitants, who were armed, partially at their own expense and partially by the government.^ In a few hours forty-three hundred citizens were mustered into service for the emergency; the seamen from the men-of-war were landed and added to the regular garrison: but the American army was not then in condition for any im- portant aggressive movement. The severity of the weather con- tinuing, the city began to suffer from scarcity of supplies, par- ticularly of fuel; several old transports were broken up, and houses torn down to keep the troops and people from freezing. The Baroness de Eiedesel, who had accompanied her husband, the Hessian general, in his American campaign, was living at New- York during this severe winter. Although reared in luxury she was a soldier's wife, and endured privations with such fortitude as to win the admiration of all who saw her. The Beekman mansion,^ which had been used by Sir Henry Clinton as a country house, was 1 Volunteer Poece (Britisli Army) at New- York, February 19, 1780. OU Companies : New- York Rangers, 1 company, 107 ; N . Y. Highlanders, 1 CO., 107; N. Y. Volunteers, 7 cos., 455. Ifew Asso- ciated Compcmies: N. Y. Marine Artillery, 1 co., 98; Commissariat Loyal Volunteers, 2 cos., 107; Ordnance Volunteers, artificers, 1 eo., 71 ; Ord- nance Volunteers, seamen, 3 cos., 166; Engineer Volunteers, 1 co., 134; Quarter-Master General's Vols., 1 CO., 56; Barrack Master General's Vols., 1 CO., 91 ; King's Dock Yard Volunteers, 3 cos., 161 ; City Militia, 40 cos. , 2662 ; Royal Navy, acting on shore, 355 ; Seamen from the transports, navy vietuaDers, small craft, New York pilots, and private ships, 1129— total 5796. N. B. A troop of 60 Light Cavalry, formed from the artUlery horse department, to act as occasion may require, armed with sabres and pistols, and cloathed at their awn espence, commanded by Captain Scott. N. Y. Marine ArtiUeiy formed from the Marine Society established by Iloyal Charter. (Signed) Ja. Pat- tison, M. G. Beatson's "Naval and Mihtary Memoirs," London, 1804. 2 This stood, until 1874, near the foot of Fifty- second street, East River, and was erected, 1764, by Dr. James Beekman. Occupied, 1776, by Gen- eral Howe; 1777, by Commissary Loring; 1778- 1780, by Sir Henry Clinton ; 1781, by Madame de Riedesel ; 1782, by General Robertson , 1783, by General Carleton. In the greenhouse Nathan Hale was tried, September 21, 1776. NEW- YORK DURING THE REVOLUTION 543 the snow; and in placed at her disposal. Her experiences at housekeeping give one a vivid picture of what is called an "an old-fashioned winter." In her "Journals" she says : " Greneral Clinton's country seat, where we went with the children, was one mile from the town. It was beautifully situated, and the house also would have been quite to my taste had it not been for the season. This was a summer residence, and as we went there in December we suffered much from the cold. The inocu- lation of my chil- dren, however, suc- ceeded, and when the danger of in- fection in the city was over we pre- pared ourselves to return, and sent be- fore us the cook and the servants, with directions to make everything ready for our ar- rival on the follow- ing day; but during the night we had a dreadful storm, which endangered our house and, in- deed, threw down part of the balus- trade, which fell with a terrible crash. On awaken- ing the next morn- ing, we found our- selves shut up by some places, where the wind had thrown it together in large drifts, it was eight feet deep. We could not think of leaving the place except in sledges. We had a difficult task to provide for our dinner. An old white fowl, which had fortunately escaped the cook's notice, furnished us with a broth, which, with a few potatoes the gardener gave us, served for the dinner of more than fourteen persons. In the afternoon, while I was standing in a melancholy mood near the window, pondering upon the difficulty of extricating ourselves from our present perplexities, I saw my cook 544 HISTORY OF NEW-YOEK arrive on horseback. I immediately turned round toward the com- pany, and joyfully told them that we should soon be relieved. But when I looked out again the cook had disappeared. The gentlemen who were with me, in great alarm, ran to see what had become of him, and found him and his horse sunk deep in the snow." ^ Madame de Eiedesel was treated with great consideration by the Brit- ish officers during her stay in the city from 1780 to 1781. They made her the representative of the queen on the occasion of the birthday ball, and "one day, when the British officers had dined with us, my husband told them that he would accompany them to their camp, upon which they begged me to do them the same honor. I got into my carriage, and reached the camp before them. But I can hardly believe that they had not given the other officers notice of my visit, for scarcely had I reached the place when one of them came to ^ (^ Qi ff Diy carriage, handed me out, and Ve d JuuJ begged me to walk with him along Oui- ^c jkjuA^M. tl^6 VmQ. To my utter confusion, I was greeted with all the military honors ; and when I observed to the officer that Grerman ladies were not accustomed to such distinctions, he gallantly replied that this was merely the due of the wife of an excellent general, and that nobody in his corps had forgotten how kind I had been to their brethren at Saratoga." We owe to this lady also an account of her generous reception by Q-en. Schuyler at Albany. Benedict Arnold, the fugitive traitor, was received by the British commander-in-chief at New- York, and was promptly paid the price of his treachery — a commission of brigadier-general. Quarters were assigned him in the "Watts house, 3 Broadway, from which he issued proclamations offering military preferment to all continental officers and men who might desert their colors and join the provisional corps which he was authorized to raise for the king's service. Immediately after Arnold's flight from West Point, General Washington became anxious to learn how far the poison of disaffection had entered the American military system. To this end he consulted Lieutenant- Colonel Henry Lee, commanding "Lee's Legion," and a plan was 1 "Letters and Journals," by Madame de Eiedesel, New- York, 1827. NEW-YOEK DUEING THE EEVOLUTION 545 matured by which, the delicate duty of entering the British lines, probing the rumors concerning disaffection, and capturing General Arnold was intrusted to Sergeant-Major John Champe of Lee's com- mand. With Arnold in his power, General Washington felt that it might be possible to make a salutary example by the punishment of the chief offender. Champe was a very promising non-commissioned officer, and an aspirant for a commission. After some hesitation he yielded to the solicitations of his commanding officer, and agreed to undertake the hazardous and delicate service. His romantic adventure is worthy of more space than available. His plan in- volved apparent deser- tion, and was only known to Lee and the commander-in-chief. Late one afternoon he took his horse from the picket-line, mounted, and dashed down the road to Bergen. Just outside the American lines he narrowly es- caped a patrol return- ing to camp. They re- ported the incident, and the absence of Champe and his horse was discovered. Lee managed to delay the pursuit of the supposed deserter for more than an hour, but fleet horses brought his in- dignant comrades in sight of the sergeant-major, near Elizabeth- town Point, just as he plunged into the river. He succeeded in attracting the attention of British patrol-boats near the bank. They covered the retreat of the deserter by firing at his pursuers and taking him into one of their boats. The mounted detach- ment secured Champe's horse, with which they returned to camp. Champe was ta,ken before Sir Henry Clinton, where he made a favorable impression, and was ultimately enlisted by Arnold as a recruiting-sergeant. In a few days he was able to send word, by one of Washington's secret agents, that his fears as to serious disaffection were groundless. Champe was not so fortunate in ex- ecuting the remainder of his instructions. He had arranged with a confederate to seize Arnold in the garden attached to his quarters, carry him as a drunken soldier to a boat, cross to the Jersey shore, and deliver him to a party from his old corps, who were to await him at "Hobuck." Unfortunately, however, on the day fixed for Vol. II.— 35. 546 HISTORY OF NEW- YORK the exploit, Arnold changed his headquarters, Champe's new corps was sent on board a vessel about to sail for the south, and the plot failed. Subsequently, Champe came back to the "Legion," was received with honor by Lee and was recompensed by Washington, who gave him . an honorable discharge, fearing for his safety if he again fell into the enemy's hands. In after years, when hostilities were threatened by the FrenchjWashington de- sired to commission Champe as a captain, but learned of his death. Once or twice a year, on the anniversary of the birth of the king or queen, or after one of the occasional successes of the British arms, balls, banquets, and pyrotechnics, preceded by a parade of the troops in the vicinity, and salutes from the men-of-war in the har- bor were indulged in. On the occasion of the queen's birthday, Jan- uary 18, 1778, there was an illumination of the King's Head Tavern with two hundred wax-lights; on" the next year's anniversary, re- marks Pastor Schaukirii, "the gentry had great festivities, which were carried too far in expense in such time of distress and calamity. It is said that the ball cost above two thousand Guineas and they had over three hundred dishes for supper." May 29, 1780, news of the surrender of Charleston was brought by the Iris, and the next week there were fireworks on Long Island in the evening, and the Mall was temporarily enlarged for the accommodation of guests invited to view the display. The arrangements did not meet with the approval of our Moravian Pepys. His animadversions seem deserved.' A particu- 1 Pastor Schaukirk says " The walk at Trinity chestra from the Play House were seated against Church had been increased in width so that the the Church and another place for the musicians posts had to be sunk into the graves, The or- erected just opposite the Church gave great of- ^.c^^<^2.a-?^ ^^ NEW-YOBK DURING THE EEVOLUTION 547 larly elaborate celebration was that of September 22, 1780, in wMch were combined the festivities incident to a coronation-day and a victory. The chronicler continues, thus : " It being the anniversary of His Majesty's, our dear King's Coronation-Day, great rejoicings were made. Besides the usual firing at noon from the Battery, also at one o'clock from the ships in the river, and at the Watering Place, in the afternoon all the City Militia, to a very great number, the vol- unteer companies, and a part of the regulars, marched with flying colors out of town and drew up in line from the East river to the North river; and in the evening a Feu de Joie was fired in respect to ESCAPE OF SERGEANT CHAMPE. the day and in celebration of the brilliant victory obtained by Earl ComwaUis, near Camden, in South Carolina. It was co mm enced by seven rockets, seven guns were then fired from the three batteries on Jones's, Bunker's and Lispenard's Hills. Then followed the fire of the Line from right to left. The Commander-in-Chief, the noble Lords lately arrived with Admiral Rodney, the Grovernor, all the generals and other officers, with a large concourse of people were present." In September, 1781, the visit of Prince William, serving on board the squadron of Admiral Digby, caused a flutter and more festivities. On the first Sunday after his arrival he attended service at St. Paul's. The vigilant Schaukirk mentions that among His Eoyal Highness's suite was Sir Henry Clinton : " it is said this was the first time the latter has been in a church." Some time afterward the future hero of Trafalgar visited the city. fence and uneasiness to all serious, and still more consent to it. Profaneness and Wickedness pre- to aU godly, men and caused many reflections not Taileth — Lord have mercy!" "Pennsylvania only on the irreligious turn of the Commandant Magazine." hut also on the Keotor, who it is said had given his 548 HISTOEY OF NEW-YOBK Loyalty was not confined to the men. In Eivington's "Gazette" of January 16, 1779, appears a notice to the effect that a number of loyal ladies residing in New- York proposed to subscribe a liberal sum for the purpose of fitting out a formidable, fast-sailing privateer to be called the Fair American. This it seems was an imitation of a similar enterprise initiated by some of the ladies of the court, and drew from the newspaper poet a production from which we quote : Since you adopt our Royal Charlotte's plans, Who to her sex a bright example stands; Assured be, that every honest man Will idolize the Fair American. We need go no further than the Moravian chronicle to note the waning of "loyalty" among many thoughtful and disinterested New Yorkers. Perhaps the increasing aggressiveness of Washington's army, and the corresponding de- pression of the king's men, had something to do with it. On Au- gust 19, 1779, it appears that "the I'ebels made an attack on Powles Hook. The reports vary, but they have again taken some of our peo- ple prisoners.^ Another instance of the great carelessness on our side, when on the other hand the military gentlemen amuse themselves with trifles and diversions. Recently the walk by the ruins of Trinity Church and its graveyard has been railed in and painted green; benches placed there and many lamps fixed in the trees, for gentlemen and ladies to walk and sit there in the evening. A band plays while the commander is present, and a sentry is placed there that none of the common people may in- trude. A paltry affair ! A house opposite is adapted to accommodate the ladies or officers' women, while many honest people, both of the in- habitants and Refugees, cannot get a house or lodging to live in or get 1 "Light Horse Harry " Lee's brilliant dash on the British post there. 2 The young Duke of Clarence, afterward King of Great Britain, who now and then came in his midshipman's roundabout to Tarleton's quarters to dine, and who lived with Admiral Dighy in the Old Beekman House, in Hanover Square, was one of his (Pitz-GreeneHalleck's father's) distinguished friends, and many a skating bout did the Duchess County boy have with the young duke on the Collect, where the Tombs now stands, and on one occasion saved him from a watery grave, by help- ing his royal highness out of a hole in the ice through which he had fallen. Wilson's "Life of Halleck," New-York, 1869. NEW-YOEK DUEING THE EEVOLUTION 549 their living. Such things make us sigh to the Lord that he would have mercy on this land and make an end of these calamities and the many iniquitous practices." Again, turning to Rivington's "Gazette," in October, 1781, we learn of an event of especial interest and impor- tance to the city. The editor, in one of the numbers issued in that month, congratulates the public upon "the King's gracious restoration of those important records which Gleneral Tryon's care and vigilance secured on board the Duchess of Gordon, in November, 1775," when, "ABRIVAL of PKINCE WILLIAM HENEY IN NEW-YORK." it may be remembered, he requested the committee of safety to per- mit him to move his personal effects from the city.-^ The surrender of CornwaUis, October 19, 1781, marked the begin- ning of negotiations for peace. These were greatly protracted, through the diplomatic wiles of the French minister, Vergennes, but on September 5, 1783, John Adams wrote that "on Wednesday the 3d day of this month, the American ministers met the British minister 1 " General Tryon caused such of the books to be selected as put it out of the power of almost every landholder without recourse to them to give evidence in a court of law, of the title to his estate: and these were brought off in strong boxes under locks and seals. They were carried home to England in 1778, and lately sent back in one of the King's ships to their ancient deposit. The residue or general run of papers, are among the rebels, having been first conveyed by order of the provincial Congress to Kingston in Ulster County. Mr. Bayard, the deputy secretary, was with them, and watched over them till the violence of the time wrested them from his hands and consigned them to others above three years ago : since which, they have been exposed to a perilous transportation from one place to another in carts." Rivington's " Gazette," October 3, 1781. 550 HISTORY OF NEW-YOEK at his lodgings at the Hotel de York and signed, sealed and delivered the definitive treaty of peace between the United States of America and the King of Great Britain." On October 18 Congress announced the event to the public, and on November 2 it was promulgated to the army by General Washington from his headquarters at Eocky Hill near Princeton, N. J. On the 25th of the same month the British troops, after an occupation of more than seven years, were to withdraw from the last strong- hold of monarchy in the young Eepublic. As soon as preparations for the evacuation began, the loyalists found themselves in no enviable situation. They had the option of remaining in the country and suffering much in- convenience at the hands of return- ing patriots, or of emigrating to the British North American possessions. The majority availed themselves of free transportation and the aid of the king to begin a new life in Nova Scotia. At the same time many ex- iles from New- York took advantage of the cessation of hostilities to visit the city. One of them writes, under date of August 30, 1783: " This month completes seven years my family and self have lived in a state of exile from our wonted habitation in New York. I was lately over at New York, and though I did not meet with any con- siderable personal insult, I had the mortification to see some over- grown Tories whose looks I did not altogether approve of. As to the British they are tolerably civil and polite, and though there are sentries placed at almost every hundred yards distance they molest no one who behaves himself with propriety. The poor Hessians will soon be all embarked and gone ; in general they have been very inclinable to desert. The firewood to the amount of several thousand cords laid in by the British army since last Spring at the expense of 50s. and 3p. a cord, is now selling at 25s. and 28s. per cord. I met with some of my old acquaintances, who wei'e some of them formerly very fat, stout men, that are now reduced to mere skeletons at the prospect of leaving this place with the army. There is no end to auctions and vendues : everything is selling off and I believe a great deal more than venders can make a good title for. Few or no liegro slaves are given up. My chief errand to town was to look up one of mine, and I saw the rogue but found that he had formed such con- ADMIRAL NELSON. NEW-YOEK DUEING THE EEVOLUTION 551 nections with a certain great personage that I could no longer look upon him as my own. He told me he was going to 'Novy Koshee.' " Another letter, dated New- York, September 9, 1783, says : " No news here but that of evacuation. This is hourly talked of and occa- z^.^t^ k^.;^i^ A^y^^ ^t.-.;^^;^:*^^ sions a variety of physiognomic, laughable appearances — some look smiling, others melancholy, a third class mad. . . . Tories are vexed with Tories ; they curse the powers to whom they owe allegiance and thus render themselves rebellious; they profess wonderful concern 552 HISTORY OF NEW-YOEK Monday, July -9, 1781; N E W-Y O R K AND WEEKLY Containing: tl)e eatli«a anutcu THE fNo. rijO GAZETTE: THE MERCURY. JTotcign ano DomeQirSt ff Printed by HUGH GAINE. at tbe BIBLfi and CROWN., tb HAN(5VER-S(iUARE. I Z 'B or B R E A D; II Flo«« it 4l..p«rCtn(. FubliOicd SeptcrabcT 19. ijto. HIOH-TVATH R ,[ MB W-Y O R K. I Whli* LOAF, of the fineft FLOUR, Wedncrdif , 37 Min.i'wr \_ \a weigbilb. for i& Coppen. 11 Ttjorrdir. '4 Min.«/>«' Monday, >, ■•■■.i, . I Toefda*. 5? M'l- i Friday. j5 Mttty^aClcr SatfiroiVi }| Mine iliw FuilQuarurth* ijUiv PRICE CO R R Whcai per BlilKtlS >(r. ml Mu'fo Floor, 7<"- o-l- Sirpl, B>owii.Srn*, 701."' qtt- Wel|.Jndii Rdit, Jt. ^d,. KrrI n tJo-BaxJind do. 4«. 0^- N E w . 7 t> a K. . /0..,FnfS.r., „. ^^ . 0H.C^.rlf Salt, J.. Jo. ' W. Ifxliin CornptrBa, iin. <1^ od.LCo**. ■ „. t«. . nJr.lCliocola-(, tST.pi. Do. By Kli EXCELLENCY Sir henry CLINTON* Kd'iKbt of tkcHod Henotjrilile O.iefofihe BAT.H, G.ncMl .ni! toSim.nde- in Chief of .Jl bii X^.Bl'. 6Dm NoTi-Scutii 10 WcD-Floridi, inclsGre, kc. *c PROCLAMATION. ■HEIieAS ttMt ir>rJ »bt«i> ■b.-= .It min, ofhi. Mijefi,"! EUroF«>» SabjtOm thii TfoM ftrriog In lb* RtW Arm, ^.ij.h Ihtif Kinc »|?d Coontfy, "I", flunj «ilb Rimorfc, lod ftnGlik of ijit HelBoufnrfiW fa.eh ao nnnitufil Pni- ctidin^, wonld be ■niisDi lo mum 10 Ibeir AlKsl.nrt, JlJnot tbeii Dtmom, mt"' If"" Anlnl In Amdita, Diko ili«n daibifal of niutiBt oich Proiiaioo iM Suppun •iihio thcfc lj«i. I ^o ike,t(or« horiiy nio- BiirerDal) fa[bwhDfliiliMB«uib«ro«elheat.f.«rrc.» ■ioocd fii«DtyofJUn. 1781, IniJdUi.n toibe Bcnrfiit. tod Sac cr P.otlia i u Hr Cur|.» F.ir lil.c", Htlhfcher Ttoiipprn, RJttfi dciu Fuciniieh HdTil'htn O'Jcnt, (ic. «e. Me- ALLE.-^ un.l jrdfn von de'^ncn Fucrntieb HtJIl' fchrn Ttoiipprn in McrrI America dffciiiren. timer oaScxo und Geratintn To cnlordir bev dercn iiri-from ibi ijih t i.iji 61 i-e.iir-i.(i.icFft.t ,voi .Ihtn »illiininrdi>it...i>(Ei>en, ruD- a'c ncir Cninvlch on ibe 10, nd ol Nt^-Vntii. cbtian ii ■ mnitlitlilt fini hti«t "f ">«'■ '''•"> <'">'• 'f th" Im are tlieuiy rnictil is, and iKe rA m-y nfilr brin- clnfcd. Alb [VD iDU of land on ihc noith fi.i nfCsFt- l^n*t-J^^et^, 'iwarjbe Kiaj'a ■oeS firdtn be Ici far iht famt lenn. Pr-pofilt In wntini; will 1* ^ei>cJ 1)i rohriKilIj Np.]]. H.na«(i-SBuin, »h>il<■mp^t.rd- ' ■ ' - 1 imffTtrM.1. Tmmifnl.tho rO b• •hr rKalBTUHa, 'Henpilnd Pt^itip. reiui na hiafi.leir >i>a»Lt 11 itie pnllciiiCn of ibe Armv and ^a»y. arii Jhc Pub- litknin ^neraljtm lini pail faiouiil andtK^'OTC 'lo inforin ibcm, that be bia ojwDcd a houfe at F.ulb- inj;,lor their ncapiinn, oiherc |1)( Piihtic in CMierjt ■id meet wriih Kood iccwicnudaTKina bslh fo: rout JOHW HOITLHOVO. ^ rnnariahli Oers pajtrmtJ tf MarUoMii Drtfi Btrhmutaitd bf ttr Citrgt Armitagt, Bari: of BiriUti-Hall, tK ibtirefi Rubng in tit Ctwuj Ytrk. 7o Mr, SOUTOli.Surgtaw.GeUeM-Sjuarr, LanJarr. SI R, ^SSPH WOOMERSIEY, a tnu-i ef nhi, i« J'StKTieJ a^t. ef ibi Parijbef Cli/ltH, bad tvoi ulci'i apiH tjj Iffi' hmJ, laib ai Jirgt ai a ertton fuel ~Tu«iiiii^ a iberfknasari antthir iaiUiai,frui IK bit ri^bijiii fivi iH Hi Tigbl Jbcul 'tr, fi'Vf ia bit ■rig.'.l ttg andmi'vir bit'^ltjc.alfi'jiialfjaifa'gri a tt'trflBnl hiet luiib mvitlml ipJIoiBBialitn -aL'ib bim sj iht ufi a; if ; njffr lukuig iivi/x br,h ,nfi.^ ALEX.\N.D-eR ip-i Mlt.LKR., Vi A,V ?. FOR SALE. OLD t^ADE.aA W,«l ,n pi,-t,, n-. Llfa^a iu Dj. trail sH.' inif an tieir anJ ga-'ir ban ibr /lunr ufi of I, anJ b\ iht timi bi bad latta lin 61 teai ffj 1 Ij curtJ, agJ boi 'tmoii id loill runjiatt, Tiu tart ■uaitfulidlalhrjiar ,7,^. lanjour mejl ban:k'tTiriiowt,' Klri'iti, CtORL£ aKMITAGE, *itbA-i»/, 1780. Tbift Dr^r em}r,lf rraJientrthrJtp^rtlJ, ihtfiar. •vj, etdpi'„,ra.'iirj, U-g4bMj mktr dl/i'dti arifltitiJrDm a Jtu/a/ji aj rti bhad, Ibcj f,rj,a Ji. ■jtc/fun, amaxiagij irta-r on apiiMi, end nB at a rtparalw tallt map rtdatti lanjiilatiam, Tb^ nay be lain in aHj fiofin, viilbaitl ib't Icaft tmfi^t^Ht, ifangtf eftaltbiig nid, ar b^nircatt'ij bujinrjit lir Hit mnll Sertne Wghnef* (he LiadpiTf rf Heffr hti been pleaf^d to confer the ordu of ft»r /a yERTU MILttAiS.S, Or. OHDIR ^ MESir, Da ibe following Officer*, vie, ' Major Genrral it Knoblauch, Colotlrl deSeilz, ColunddfeBoDaa, Colonel deWeflcrhagc6« ColoDel de Ramrod; Colunrl de ICeadetl, Ccbloncl de CochepbaafcA. Colonel C'och'enhaufati ii ap^oioled W (be bommatid oftbc rEgincDt Prb» Heicditaihv LieutcDiat-ColoacI dik Buy, \» Upoiniel Quarter-Mader Generil. Major Generala de Lofberg sodd* BoTe^ w ,be Lieutenknt Generik. <:aptuD Vob Alienbo^agu) of Geo. Lof* berg, fen. to be Major of the faid.eorTi. On£tini)ay higtit laftabaacitDreUliIinJcd ac the bolcom of Cowoecic, tweniy of thira nnrcheil t\xtai ^ inllej 10 ibe Honfe of Daniel K'lr^m, Efqi ivhich tfaey cnieied, «nd tocK oS Major KUl^tn.of Qu^een'a eoanty miliiia, Jj a jonnRer broiher Berj^mln Ttfdwell K-,fl«m, and Thoitaai Pearfail, ^ rcfiigee. hji. Piichi tbe cotnniaDding ilEcet ofthe pitly, beliavetl A'itb creit ciViliiy, to Mrt. Xiflani, not fuSiu- ing h)i ineR tc^gorn'.a (he rcomyhVe^hc [i«> derftood Mra, TowDftictid, an oidlatly.-ai^' ther to JuUinEifficn, *at ID bed. -'I'be oUit- der thff carried oif**!) bo; iriH^g: Vfief a'Jo-tank ar'-iAi tb' 11 onr fll-Xanfier fljiTOEn wbom they found>(leepine urdei t tiee nnr where thty landed. . jolf.ce K..iriin and hU fon wfR abfent fronjiqniff •cLhALcinie^'fJiL*'' rebeliAiade partlcniM «p^ai-y aKcnhnn. £«r«» tfrn-litl^ fiam CtarUjIa^^ ^mtfHg ta ih Hatel GttitrBt Grtn'i/iJJiw rata;, bttk about the new States, apprehensive we may in time get to wrestling with and boxing each other till the blood comes." ^ The British military authorities took all possible precautions to have the articles of the treaty executed in good faith, especially with regard to carrying away slaves; and commanding officers of regi- ments about to embark were ordered "to take care that no officer under their command is permitted to sail who has not satisfied his creditors." All the prisoners of war were released from the jails and prison-ships and paroled. Fatigue-parties of soldiers were engaged iThe following from an influential loyalist to General Haldimand illustrates this state : " New York, August 8, 1783. Good Sir. The shocking alteration in this once happy Country and the good people of it since I had the honor of taking your Excellency hy the hand last, owing to the wicked, infamous and unprovoked Rebellion ; its not pos- sible to commit to paper nor tongue to express — and the peace, as it is termed, worse than all, both for poor old England, as well as the King's Traly Loyal Friends in this Country. The Rebels — for I shall never call them anything else — have con- fiscated every shUl'g of my valuable property in this Country and passed an Act of Attainder, against my person, so that I am now going off in a manner a beggar to my children and friends in old England — the reflection almost too shocking for Human Nature to bear, but such is mine and the hard Fate of many others. . . . (Signed) William Bayard." The above is a f ao-simile of a portion of the first page, from the original in possession of the Editor. The f ac-simile on following page is copied from an extra sheet of the same journal. Editor. NEW-YOEK DUEING THE EEVOLUTION 553 MARIOT ARBUTHNOT, Efqs Vice-Admiril o{ the Blue, and CommaiKtrr io ChieFof his Maiefly'i Ships and Vcfleli cm- ployed in North-America, &c. 5cc. HAVING alTiiaied the cominand of hii Majelly*! fhipa on this ftatioD. with the warmCft inclination to give every proper En- conragcmbnt to the outfit of private Ihips and veOeli of wa>-^ fo long as their owners and com- nanders Ihotid keep themfelveS to the cetmi upon which it has been granted ; the employ- ing therein, fuch Teamen, or fea-faring men, not havinz previoufly belonged to the navy, as might be releafcd from captivity, and fuch ofthecolonilbas might return to their allegi- ance, and be incliiied to ferve with them, I obferve with conceru, that n ot with flan dir.g ^he repeated publications of Sir George Col- lier, letting fonh the ?reat damage hro M%- jefty'a fervice has fuflered from the various methods purfued, to entice feameo to delurt from it: Low people are hired, public houfes fct up, and every attempt cuniinued to be made tofeduccthem from their duty, inlbmuch that ho boat can come on Ihore, but every art 'likely to prevail with them is pratlifed, and too often with fuccefs. As therefore all entreaties to forbear from theft wicked and^unlawful praAiccs have prov- ed vain ; I do hifkby declare, thai in fucbic for every Teaman, oi iea-farin^ man^ that may defert from the King'i-ftitpi or tranfports here^ I will prefs man for man, out of the privateer a •nd merchanc vcffels, and m/decerminatioo ii delivered thus publicly, that not only the mer- chatsts and advent urers Interefted in them, but ,airo their Crews may be .warned againft the Jurhnurine delerters from the navy, in any CJrcumllaoces'Dr under any preicnce wha'.fo- evec, by avoidtog which, they will prevent my difagreeable confcquences ttvia eafuing 10 thenffelves. Given on board his MajeRy's fhip the RufTer, off New-York, September 14, 1779- (Signed) M. ARBUTHNOT. Command of the Admiral, liyWiLL-. G>BPw. By Order ot the Commdndani. THE Aflizc of Bread u to conimuc at Two Pounds each Loaf, but the Price of each Loaf to be Fi/ietm Ctfpirj. AD other Regulatiuns refpeCling Loaf and Ship Bread to continue as eflabliftied the 7ih of loly, 1779, by Orderof :he Commandant. ANDREW ELUOT. Su. Id. General. D. MATHEWS, Mayor. F.DUBOIS. Magiltratc of Police. Off tt of Pallet, iSfb.Fri. I780. lo be Sold, A Very good houfe in Chipcl.Brcer, adjoiring Ihi Etiiic of Mr. ToT-ca, now in the Tenurt ef Mr. Thomas Kaoxj the houfe hssfive (qitue rooms, and five lite places, and 1 f;ood cellar^ the loll iilorenir. five feel wide, loo deep, a good wall aod piimp in the yard, inevv-bnck rmokehoure.&c. the whole in good fence and good repair. Enquire of the Pnnttr. TO BE'^OLD BY James Stewart, Bywholeia'c and retail, at hii Store, No. 9^5, Bur- ling'i-flip, oppoCie Rhinlander'* ehir' ""■• TJLinktti, 7-4. «'''■ "^'' '"' '" Jj Ditto «-4 ditto, Millings, Duffils, Mens ribb'd and plain knit worBed Itockingt, Whole and half birrtls href, put up for famil) ule. Whole and hilf barrel pdrk, for family uk, Cxeeediog fine ox loagun inhalf^Rrkiotf Mufcovido fugar. Fine hyfho and rulhong teas. Coffee, MolafTe?, OIJc e f-.il. t, By PermifTion of the Commandam. TICKETS ol a LOTTERY FOR the benevolent purpofir of giving comfort to Hie dittreOeil at this rieoroos feafoii, iie no* lor lale ai Captsin V. P. Aflifield'i, »t No. 49'. Smit"- Stteeii Ml. Laight, No. 190, Queen-Streei 1 and Mr. D. Grim, No. 439, Williatn-StreHj who are appoinictt managers. Alfo of the feveial Printers. S C H E M E: I Pnieof looD Dollars, is loao «d9. A do. joo art 100 IIUO ijdo. lOO IJOO 40 do. no do. S° 165 da. 10 i6jo 1075 ilo. « 1514 Piiiei, 44B6 Bisuks. Subjea lo a Deduftion of 1 j per cent. The profits arifing from the Lottery, will be paid 10 the Treaf ucer of ihe Overfeert of the Poor. CATHARINE BOWLES BEGS Leave 10 acquaint the Poblick, That flie intend* to opco a School the firft Day Of April n«t, 10 KMh Reading and Sewing. By Order of the Commandant. Ths following RATES are edablilhert for Fwri- flges, between this City snil Brooklyn. FOR Iranrporting every p-rfon from the city of New-Yofk, to Long-Ilhnd, or from Lon"- insnd lo New-York, &(]. For every Horfe or Btttt, at. Forcvevry live Calf, Hug, Sheep, or Lamb, Gd. Forevery dead Calf, Hog, Sheep, or Lsnih, fid. Forev^v Biirelof Rum, Sugar, MolalTei, or other full Bmel, is. 6d. For enJry empty Barrel, Ad. Forevery empty Pipeur HogQiesd, n. tid. For every Bean') Hide, tiU. Forevery undred'ed Calf, Sheep, or Deeilkin, ad. For every Psil of Buiier, 4il. Forevery I^irkin or Tub of Butter. g!l, 6d. Forrvery B^irrl of Bread, II. Far evVry B ig of Bi raJ or Meal, id. For every U linmon of Bacon, Turkey or Goofr,!.!. Fut eveiy Doien of Eggi, kI* iry Dunghill Fuwl, Brant, Duck, Htuh, Hen id. ad. Forevery Djien of Pigeoni, Quails, Tnipes, ^r any kin.1 of finaller BiF'Jt, ad. Forevery Huiidied We.s,hl of Iron. Sleel, Shot, Pcwier ur Lead, and of Iron, C>j|)|itr or Brafs Rfttle*, Sec. la. For every Hundred Weight of Oun Powder, at. 6 I. For every Scythe or Siih, i'*- Forevery Fnkinof Soap, 4d- For every Checfe, '■''• For every Corn Fan, 6d. Forevery Hundrxl of Shingles, >s, 6J. Furevery.CeJjrBo1i, 3><- For every cuoiinon Kag of Cotton Wool, a J. For every Bale of Cotton Wool or Hops, )i. Foi eveiy Co»rh, la^* Forevery P^aM00, 81. For every Chiilc or Chair, 5*. Foreverj (Ingle Sleigh, 3S. Fore»erydi'UhleSffigh, 4»- For everi Piece of Out brigs, 4d, For every Pif ce qf BJankeis or Duffils, 11. Forevery Pieceof Cotton, Peiiniftone, Flan- nel or Fr.M, *''■ Forevery Piece-ofBroadCloth, Kerfey, Siroudi, Half thicks and DfUggeis, 6d. For every Piece of Duioya, Callimancoes, Shalloons, or other ftuff, and forevery Piece ofGarliK, Hullandor other Linen, For every Hundred of Fifti (called Sh«i>i-hMd) +'■ For every Hundred of Bafs or Shsd, »•• For every Dozen of Perth, «d. Forevery Hundred Weight of Copperas, AHumor Brinillone, i«- Forevery half Down of Wool Cards. »d. For every Saddle without a Horfe, jd- For every Cale with Boillei, 6d. For every Looking GIdfs lo Two Feet high and uuwaidi, ^^' Forevery Hundred Weight of Rite, 4a. Arttelei not enomerateJ in Proportion to ibcr Bulk. If any Ferryman (hall afk, demand, or receive in y more, orgwatei fuinTor FcrnaEe, ihnn is,direCtecf to be taken by the aforegoing Rates, reiioil thereof is lo be made to the Officers uf the Police, in order that Ihe Offenders may lie brought to punifhmeot. ANDREW ELLlor, SuperjniendiniGeo, D. MATHEWS. Mavo.. PETER DUBOIS, Magdtraie ol Police. OfBceol Police. )an. lah- 178". Remfen ^ Ctnvenhoveft, At ibiir STORE. No. 9IS. '"' WftTEa-^TKtJr ,bf Ccrn,r on^fiu Mr. Yornall ,, /'"^';'' /*' CoStt-Hwft *"/ rif-Mortei, ha-vt Jtr SAI t an the iB-wtjl Ttrmi, tht folbmuin^ Arlielei < MADEIRA, t-i(bon, r--""-o = Tenei.ff', Sherry and Red Port Wino, by the pipe, quaitii' ealkof Irfsquantiiy. Brandy, geneva b.y ihr cafe.du. hy gallon. Old Jamaica fpims, OKI WeH-India do. Molaffes, Mufcivadofu- 1, by llie hogfhead tefs antity. and lump fugars, Mould and dipjMd ean- dlei, white and brown IriJlimVi beef in barrels, and hall bJirrels, Nutmegs, cloves, msrr and cinnamon, finiiif 10 bladders, and green leas. fuulliong and bohes e and coffee, ._^^_. . idalfj-.cr, Lond- n (JOi'lei, bolile.I rrpool ben, Pll)'n( ,3idt. Roll and cut labjcco, Poland flaicli. Willing tipper and leal- ,ng*-». Double "ml rinslet.liio- ;(ter cher'e, '"» lole micrinfirkint, ..cu net in iiercti, A few kenik ol eaeel- lent coJfi 111, Woolcdidshy iheduicil. Indigo, copi'erai, 'nd powdeiblue. BirJIhol at different fiies. ■"coTacITes. Two .lee'"' Coiichc:.. •> W">""8 J"''. TO b. bircd to •"» GtmUi"". L"'"' ic Alfo EXPRESS HORSES, bj. &c. alio I'^r^gggpy STEVENS. Ne« Door lo Ibe SoguHoat. Cro««-S>t«u By JAMES PATTISON, Efq ; Majer'Giiurot of hit Maieftft Foreit, Command- an/ of Nfui-YotL Wr. Wr Wr. PROCLAMATION. WHEREAS many Evil, daily arife from the unlimited Number of Taverns and Publick- Houfes within this City and ill Precinfls. I haw ihrrifou ihangbi fii, in Or- der to prevent the pernicious Effccls thcicof, lodireft. that in future the Number of Li- cences for thofe who come under this Difcrip- tion, be reflriaed to Two Hundred, and that they be granted to fuch Houfe-Keepert only, whofe Charaflers are fufficiently vouched aod approved by the Magidratcs of Police. And that no Inconvenicnciei may eofuc from this Rcftriaion ; Notice is hereby given : That fuch Perliins tvho propole retailing Spirituouj Liquors, in fmaller (^amities than Five Gallons, may apply to the Police for a Specinl Licence for that Purpofe, provided ihe fjmc be nof drank within their own Houfes, or fold in a Icfs Q^uantity than a Quart. Any Pcrfun deicflcd in keeping a Tavern or Public Houfe, or retailing Spirituous Li- quors, in left Quantities than Five Gallons* without having obtained fuch Licence from the Police, Or afling in any Manner contrary to the true Intent and Meaning of this Pro- clamation, after the Tenth Inll will have hia or tier Liquors forf ilcd for the Benefit of ibc Alms Houfe, fuJfcr Imprifonment, and be brought to Trial before a Garrifon Court Mar- tial for a Breach of Orders. Licences will be immediately withdrawn from fuch Sk ihall be known to harbour or to- lerate any rioiuui or diforderly Companies. Thomas Bayeaux and Thomas DoJion, are hereby appointed afling Officers under this* Proclamation, and are to follow fuch Orders as they may receive from the Magiftrates of Police, towards enforcing and carrying tha fame into Execution. Gmtn under my Hand in ibt Ciiy of Nnu- rori, tie Ftrfl Day of Jan^afj. ,n lb, Yrar ef our Lord, 6nt Theu/oKd SiviH Handred and Eight j. and in ibt T-wimielb Tear *f hti Majeff/, Rtign. James Pattifon. By Cominand ef tbi Gntrat, JOMW L. C. Roo ME, Sic'ry. HEREAS it has been reprefenlcd to the Commandant, thai fundry perfooa going one with Fowling- Pieces, have made a praflice of, Ihootinp near high roads, aod other places of public refort, thereby render- log it very uniafe for paflengers and oihera frequcntiog the.faid roads; and that in con- fequelice of fuch praflice fome fatal accident* have aflually happened. The Coamaodani therefore judges it neccflary for the public fafety, to prohibit all fuch Fowling near the environs of the city, or wiibin haira mile of any high road or public frequented foct patb, at the offenders will be anfwerable for (he confequcncei attending the difobedicnce of this order. By Order of the Commandant, S. PAYNE ADYE, Aide de Camp. New- York, OAoberi?, lyfi^. IT is the Commandant's Order, That the Rents ordered by the Commander in Chief to be eollefled for the Ufe of the Poor, ic. due the (ird Inltant, be immediately paid to John Smvtk, the City Treafurer, and that in futuic [hole Rents be paid half yearly, with- out funhcr Notice. Attendance will be given every Munddy, Wednefday aod Friday Morn- ings, in each Wcik, until iz o'Cluck at the Treifury in Pfarl Sticci, 10 receive the fame. Olhcc of Police, Atdkew Elliott, i3ih Nov 1779. D. M*THew). PeTes Dunois. ONE KEG, ■■ {Cantatn.n^ abuul 56 lb.j Of B O W E N's Patent SAGO POWDER, Fnr making Jelly, To be SOLD r.:afiinablv. for CASH. Enquiic ol t he Printer To be LET for inch a I cm; of years flj Pnatl be agreed upon, SUNDRY Loiol very v;.ii(il»'e LAND, filoate ai «reen*icli, on tL* .llaid ot Nr«-York, on boih fidnul thr .0..J Iri'iinc from ihe Bowery to ihr Njiih-Rivcr road, an.l lo the rnfl^ard ol the C I'lrd t'v CommifTaryGrani and Mr D*'»l Camp- bell, one lol of »o arr» rh.reof lirs to thefuth- *a.d ol, and oppofiir to ihe (■rciimLoccupie.l by Calmer Simrrr. PropufaU ni writniR for tliefjine. 01 any part thereof, will be received Iw GsneralDo Lancey. at hit Quaftnion LontL Iflsnd, or lohn Kelly, at No, 841, Hanovci-Siiusre, New-YoA, whohxsfundiy houfes, fains, and lot) of ground la (tU 10 F«c Simple, or Leafe, 554 HISTOBY OP NEW-YOEK in restoring certain portions of Trinity chnrcliyard to their original grade. All breaches of the peace by loyalists were promptly punished. On November 12 Sir Guy Carleton, the British commander-in- chief, notified Greneral Washington that he hoped to withdraw all his troops by the end of the month ; that the outposts at and north of McGrowan's Pass would be with- drawn by the 21st; those at Her- ricks and Hempstead on Long Island on the same day; the town of Brooklyn the following day; and Paulus Hook, Dennis', and Staten Island as soon after as practicable. On the 19th General Carleton wrote that the above arrangement would be modified so that New- York should be evacuated on the 25th instant, at noon ; retaining Staten Island, New Utrecht, and Dennis' "for such time as they may be found absolutely requisite for the troops that may then remain without transports." There were about six thousand five hundred Anglo -German troops remaining in the city and vicinity at this time; half of these were of the British royal artillery, seventeenth dragoons, light infantry, grenadiers, and seventh, twenty- second, twenty-third, thirty-eighth, fortieth, forty-third, seventy-sixth, and eightieth foot ; the remainder were Hessians. Admiral Digby commanded the fleet, then in the harbor, and was charged with the duty of forwarding the refugees — of whom 29,244 left New-York during the year — to Nova Scotia and other points. The dif&culty in procuring transportation for such a large number contributed to delay the final departure of the king's forces. On the side of the continental army there was much to do in the way of disbandment, but by the middle of November there remained of those veteran legions, who had elicited the encomiums of their captive enemy at Saratoga,^ only a little band of scarce a thousand men. 1 " We passed the enemy's encampment in front of which all their regiments, as well as the artil- lery, were standing under arms. Not a man of them was regularly equipped. Bach one had on the clothes which he was accustomed to wear in the field, the tavern, the church, and in everyday life. No fault, however, could he found with their mUitary appearance, for they stood in an erect and a soldierly attitude. All their muskets had bayonets attached to them, and their rifle- men had rifles. They remained so perfectly quiet that we were utterly astounded. Not one of them made any attempt to speak to the man at his side : and all the men who stood in array hef ore us were so slender, fine looking, and sinewy, that it was a pleasure to look at them.' Nor could we but won- NEW-YOEK DURING THE EEVOLUTION 555 The curtain is now raised for the last act of the military drama of which the second act had been played on the same stage eight years before. On the 19th Grenerals Washington and Knox and Grovernor Clinton, with their respective staffs, ar- rived at Day's Tav- ern/ A small provi- sional brigade, of detachments from the troops en- camped at West Point and New- burgh (Massachu- setts infantry and New- York artillery together with a mi- litia troop — in all about eight hun- dred men), under Brevet Brigadier- G-eneral Henry Jackson, had pre- ceded the distin- '^■^•^ amekican peace OOMMISSIONEES.2 guished personages, and were in camp at McGowan's Pass (near the northeastern entrance of Central Park). A unique part of this com- mand comprised four six-pounders, tro- phies taken from the enemy, and now displayed by the gallant Major Bauman. It was some time after noon, on the memorable November 25, when a British staff-officer reported that the rear-guard of the British army was embarking at the Battery. The American column im- mediately moved on by the route se- lected.' Captain Stakes's troop furnished the advance-guard, while, in the order prescribed, followed the remainder of der that Dame Nature had created such a hand- some race ! I am perfectly serious when I state that the men of English-America are far ahead of those in the greater portion of Europe both as regards their beauty and stature." Letter of Hes- sian ofScer captured at Saratoga, 1777 (Stone), New-York, 1891. 1 Then near the corner of 125th street and Eighth Avenue. 2 The full title of the above illustration is : " The United States Commissioners in 1782 to sign the Treaty of Independence." It is taken from an unfinished picture by Benjamin West. Besides the portraits of John Jay, John Adams, and Ben- jamin Praukhn, there appear those of William Temple Franklin, the son of the latter, and Henry Laurens, who were both present at the signing. 3 General Jackson's orders for the occasion were as follows : "McGowan's Pass, 24 Nov. '83. — The troops will cook one day's provisions this evening. 556 HISTOEY OF NEW-YOEK the provisional brigade. The troops marclied with the easy swing of old campaigners, and although their uniforms were tarnished, of various hues and irregular pattern, yet their arms were bright and their faces shining with soldierly pride and recent ablutions; they represented, in a sense, the Old Guard of that patriot army which had won peace and pros- perity. Down the Bowery, to Chatham, to Pearl (then Queen), to Wall street, through thousands of sympathetic and joyous people, the stalwart soldiers marched to their destination at Cape's Tavern.^ Here the line was formed and stood at "parade rest," while the main guard marched down Broadway to Fort Greorge, followed by an excited throng eager to witness the most in- teresting feature of the occasion.^ and be in perfect readiness to maroli to-morro-w morning at 8 'clock." " After Orders Nov. 24 : Field ofacer-of-the-day, to-morrow — CoLVose. The Light Infantry will furnish a company for main guard to-morrow. As soon as the troops are formed in the city, the main guard will be marched off to Port George — on their taking possession an officer of Artillery wUl immediately hoist the American standard. The officer will then detach two pattrols, consisting of one Sub., one Sergt., two Corporals, and fifteen Privates each — one to pass from the North to the East River as far out as Maiden Lain, the other from North to East Eiver from Maiden Lain upwards. On the Standard being hoisted in Fort George, the Artillery will fire thirteen rounds. After his Excellency Governor Clinton will be re- ceived on the right of the line. The oflicers will salute his Excellency as he passes them, and the Troops present their arms by Corps and the Drums beat march. After his Excellency is passed the line and alited at Cape's Tavern, the Artillery will fire thirteen rounds. In case of any disturbance the whole of the Patroles will instantly march out, pre- serve the peace, and apprehend and secure all offien- ders. For the greater security and good order of the city each Battalion will mount a Piquett at their Barracks, consisting of one entire company. They will lay on their arms and be in constant readiness during the twenty-four hours, to parade on the &rst alarm and wait the orders of the Officer of- the-day. On an alarm of fire all the officers and men on duty will immediately repair to their Bar- racks and parade without arms and wait the orders of the Commanding officers. The of&cer command- ing patrols will march them in the most regular and sUeut order, both day and night, and will take up and confine in the main guard any violent and disorderly soldiers they may meet with. The Grand Parade will be near the Bridewell ; the guards and patrols will march off the Grand Parade under the direction of the field officer-of-the-day.' 1 Cape's Tavern was one of the most famous hostelries of colonial and Revolutionary times. It had been originally the old De Lancey mansion, built by Etienne De Lancey about 1700. It was of gray stone, two stories high ; its windows, long and arched, opened to the floor; from its rear piazza the ground sloped to the shore of the Hud- son, and afforded a view of the Orange Mountains and the palisades on the Jersey shore. Prom the cupola on the roof a still more extended prospect presented itself. In 1754 it was opened by Edward WiUett as the "Province Arms." It became the headquarters for important social and oflcial en- tertainments under a number of successors — Burns, Bolton, and Hull ; it changed its name to "City Arms," was a great favorite with the British army and navy officers during the Revolution, and finally passed into the hands of John Cape, a pa- triotic Boniface, who took down the quaint old sign and hung out a new one bearing the State arms of New-York. The Boreel building now rears its lofty head upon the site of Cape's Tavern. (See "Old New- York Taverns," by John A. Stevens, Harper's Magazine, LXXX, p. 842.) A young American lady, who for a year had been a resident of the city, wrote of the scenes of Evacuation Day: "The troops just leaving us were as if equipped for show, and with their scarlet uniforms and burnished arms, made a brilliant display ; the troops that marched in, on the con- trai-y, were ill clad and weather-beaten, and made a forlorn appearance; but then they were our troops, and as I looked at them, and thought upon all they had done and suffered for us, my heart and my eyes were full, and I admired and gloried in them the more because they were weather- beaten and forlorn." NEW-YOKK DUEING THE KEVOLUTION 557 B V THE KING. J PROCLAMATION, Declaring the CefTarlon of Arms, as well by Sea as Land» agreed upon between His Majefty, the Moft Chriftian King, the King pf Spai/tf the States General of the United Provinces^ and the United States oi Ainerica, and enjoining the Obfervance thereof. GEORGE R. WHEREAS Provlfional Articles w:re Cgned at Paris, on the Thirtieth Day of HmimBtr laft, between Our CommilTioner for treating gf Peace with the Commiffioncrs of «he United States of yimtrica, and the Commifnoners of the faid States, to be infertcd in and to conftitute the Treaty ■ of Peace propofed to be concluded between Us. and the faid United States, when Terms of Peace fliould be agreed upon between Us and Hi", Mod Chriftian Majefty: And whereas Preliminaries for reftoring Peice between Us and His Mod Chriftian Majefty, were Ggned >f.VerfaiUes on the Twentieth Dayof-ya.-.'fcU'y lift, b/ the Minifters of Us and the Moft Chriftian King . And whereas Preliminaries for reftoring Peace between Ui and the King of Spain^ were alfo figned at verfailles, On the Twentieth Day oi "January laft, between the Minifters of Us and the King of Spain; And whereas, for putting an End to the Calamity of War m Coon and as far as may be|>oflible, it hath been agreed between Us, His Moft Chriftiin Majefty, the King of Spain, the States -General of the United Provinces, and the United States of America, as follows , that is to fay, Th A T fuch Veflels artd Effefls as (Tiould be taken in the Channel and in the North Seas, after the Space of Twelve Days, to be computed Vrom. the. Ratification of* the /aid Preliminary Articles, Ihould be (eftoredon all Sides; That the Terra fbould be One Month from the Channel and the North Seas as far as the Canary Ijlands inclafively, whctbefio the Ocean or in the Mediterranean; Two Months from the laid Canary Ijlands as far as theCquindcual Line or Equator; and laftly. Five Months in all other Parti of the World, without any Exception, or any other more particular Dafcription of Time or Place. And whereas the Ratifications of the faid Preliminary Articles bttween Us and the Moft Chriftian King, in due Fortn, were exchanged by the Minifters of Us and of the Moft Chriftian King, on the Third Day of this indint Feiruary i and the Ratifications of the faid Preliminary Articles between Us and the King o( Spain, were exchanged between the Minifters of Us and of the King of Spain', on the Ninth Day of this inftant February, from which Days refpeftively the .feveral Terms above-mentioned, of iTwelve Days, of One Month, of Two Months, and of Five Months, are to be computed: And whereas it is Our Royal Will and Pleafure that the Ceflation of Hoftilities between Us and the States General of the United Provinces, and the United States of America, Oiould be agreeable tg the Epochs fixed between Us and the Moft Chriftian King : We have thought fit, by and with the Advice of Our Privy Council,,to notify the fame to all Our loving Subjeftij and We do declare, that Our Royal Will and Pleafure is, and we do hereby ftri a free, fovereign and indepcndcninaiton, That your Mcmorialifts, confcious of the reftitude of their intenti- ons, the juftlce and jrnportanc* of the caufe in whicb they were en- gaged, ftimulatcd by theVioft ftcred regard for the ciyil and rcligioui libeiticj of their country, and pofleffin^ the fulUft 'dependence upon . the honour, the exertions, and fiipport of their fellow fuffcrera, citi- zens and countrymen, fo folemnly promifed and pledged by voluutary affociationSpdecUTing to the world, that at every hazard, expcnce and danger, they woul«( dpfend.and maintain their fie.^,i».9gai,iift every invader. Governed by luch motives, and confiding in fuch affurancM, yourMemorialiftfi In dcmonftratiot of the finceritypf their profeflions. moft cheerfully abandoned their comfortable hsbltations. their prop r- ty, and many of them every means of fupport^uRon' ^he approach of the British armament to this ftatc in the year i-]fbi Pcihaps too fan. guiiicly Tcafoning from the diftotes of their 6wni)eor«,. (hat a people on whofc genernfity and grotitudc they were ttwwconfidcntially depend- ing, and for whofe fafety, intercft end cMlferaiey were thus fully de- voting themfelvcs, would reaeive thenvwitH'tbe moil cordial exprefli- ens of friendlhip, favour and cftecm.. - '^ '- Ac this period, and in the moftdeftilufc and difperfed circumftances, commenced the various, aggravated and fcvcre hardfliips^ whicb, in tKe courfe of a ftvcn yeari exile, your Mcmorialifts have experienced; and, notwithftandmg of which, animated by \\\S hope of beihg even- tually fuccefsful in the great caufc in whict they had cmbaikcd ■ they have on'oll occafions, with fortitude and firmaefs, continued to mani- fcft their zeal and perfcverance, by contributing according to their pow- er and opportunity, whatever has been recjuired from them in common with others, for puljlic ufe or fcrvicc; Patiently, though, anxiourty Ivaitifig for that happy day, which' would relieve them from fuch mor- ^fytne fccncj of mifcry, by reftoring them triumphantly Xa their na- tive city with liberty and peace. Snch having been the conduft, the facnficM,,and thcfuffcrings of .your Memorialifts, through the 1;cdious periods of the war^ there can be but/ew among all the citizens of America who have more real caufe of rejoicing at the aufpicious profpefl: of an boiiounblc peace.— But when they rcflcd upon thcprefcnt circumftances of the city^ and compare them with their (Jwn ;— "When they remember that a very confiderable part of it is.rcdyced to aftics, and the ^efidue il\ the oc- cupation of adherents {Co t|ie Britilh government, and followers of the Bntifh army, po^efledy Jiot only of all the advantages deiived from trade and bufiiiefs of pverylcina, but nlfb oL wealth uid OAfluBtifl* **■ fccure thofe advantagp? to thcmfclvcs. — Your Memorialifts would be filled with themofl painful ^fid alarming apprchcnfions for thcit future ineanG of fubfiflcnce and fupport, were tncy not comforted by the con- fidence and truft which they rcpofe }n the jufticc end wifdom of t^at goyernment, which they have done fo much to eftablifh. YourMemoriaMs have derived great latisfadion and cncoutagemervt from the provident mcafures adopted by the LegifUture, which un- der prudcnn imitations, conftitutcs a temporary government for the- foutherti diftrift of the ftatc, cfpccially as they flitter themfelvcs that a generous irttcntion to the cafe and circumftances of the difperfed' and unfprtunate citizens of New-York,- at a piipcipal end, diAatcd the expediency and propriety of this judicious and neccflaiy aft.. And your Memorialifts^ pofielfing the fame confidence in the juflice^i, gencrortty and wifdom of your Hrniorablo Board, entcrtoiii nri df>i»br- biit thaF you will be equally difpofed to take your Memorialifts under your immedtflte proteAion ud favour, and to exert , the powers with which you are invefted for the purpofe of promoting their fpecdy and' . cffe^ual re-eflablifttment, as ftr as may be practicable, in their for- mer habitations, or iu as comfortable a manner as th? reduced coo- dittoti of the city will permit. lleduced in property, and deftUute as many of your Memorialifts gxe, and notwiibflanding they have devoted fo muny years of the moll valuable part of (heir Jives to the common caufe of their country, yet they never would ih'ink themfelves warranted to fo- licil the inrerpofirioTl of your Honorable Board for their intcrcft or accommodaiioh in any ipftance where their application or claims would operate againft the true iniereft «f the ftate at large, or with the fights of thole who were entitled to the favour of government; but your Memnriallfts are AillypeTfuadcd that- when the merits of theb'prelcnt requefts arc difpaflionatcly and imp'artially invcftigared^ it will be abundantly evideni/.that on the one hand, thry-have given thenioft ample demonftririoris' of attachmenfi;yerfevera*Wfc--tfhd ^al, through all tb«''rici(itud^'.,«f the arduous cohrtft V "fid th«t on the other ^and, thofe who gre in poftefTion of the city h'aye -perhaps, with^qual" perfeverance, excrred themfelves to fupport our enemy" and to defeat the mcafures which have been purfucd for the prefcrva- tion of our lives, liberty, and the eftabliftimcnt of our freedom «nd independence ; nor can there b«; a doubt, but tliat exafpcraled by their'difappointmcnt and difgrace, they will retain the fame vindic- .tive rage atid enmity agalnfl our happy conftitutipo and government; and inftigated by their unconquerable prejudices, will exert every ■mems in their power to attempt tjieir fubverfion. And when it is confidered how far the influence, principles and examples of theatl- zem of the metropolis prevail through the remote parts of the flatc^ thet can be as little doubt about the policy of guarding againft the ' dangerous cffefta which reafonably might hc-aflpreheiided from ex- clming the whig inhabitants and fuffering th*. capital- of the (late to remain an afylum for the diiafrc(£ted, and a tivtflery of tory principles. Having thus freely, but they hope, wlthTifcoming rcfpeft, ilaled to jour Honorable Board the peculiar cmbarraffmcnts and diftrcflcs of their prefent fiiuaiion ; and alfo takenthe liberty to fuggcft fuch ar-imcnts as they tvuft, will lufficiently vindtoate the jufiicc and pm- pi-Icty of their claims ; youv Memorialifts take leave to rcprcfent, that many of them were tenants, apd rented honfej either by the year, or'fipon Icafa fqr a term of yeart, which they abandoned, and with the American army retired from the city in the fall of the year 1776, That others pfyour Memorialifts occupied houfes their own property, which, fince the enemy have had pofleiEon of the city,are confumcd by lire, and that CAmparatively, there arc but very few of thofe citi- zens who withdrew from Nevir-York upon the approach of the ene- my, wKo-havc eitherthe means or profpcA of being able to procure a covering for their families upon their return, efpecially as In their .prefent circumftances, they cannot aflfordto pay fuch extravagant renis as are demanded by the proprietors, particularly- by thofe who have adhered to the enemy OTAremalned within their power and protec- tion during the war, and \whicH arc frequently givci>.ijy difelfefted and ftrangcrsj as your Memorialifts apprehend, thereby) to gain a rcfi- dcnce and cftabliftimcnt in the flite ' i Under fuch a complication of difficulties, your MemoriatiftG ate con- flraincd to prefent their cafe and claims to your Honorable Board :— They agaio declare that they wiih for nothing incompatible with the lights of whig citizens, or which would embarrafs government in their dccifionsi..and they flatter themfelvcs, that whilethey only claim to be provided for, as faithful and zealous citizens and fubjcifts, in pre- ference to thofe who hqve been open and avowed enemies, their appli- cations will neither be decrped unreafonable, norrejcfted by a govern- ment convinced of the truth of the faAs-whifih thejiAlTAd.And /tM<>Ai> ■ty to (he prlnctpiet of our glorious revolution. \ Your Memorialifts do therefore moft carncftly requeft, that your HopoEablc Bopvd will be plcafed to take their cafe into con/id eratioP» and as (bon «s conveniently may be, to make an ordinance, authori- zing fuch of your Memorialifts who either occupied, rented, or leaf- ed houfcsin the year I776, from perfons who have cither remained, or removed within the enemy's lines, to rcpoffefs thcfamcupOn their return to the city., Alfo dirctfting that .fuch houfes as are part of con- ;iifcated eftatcs be appropriated, until (he X/egiftsture /hall oihervife determine for the fijnhcr accommodation of you,' Memorialifts; atd prefcribing fuch other methods and means of piNlviding houfes for the Refugee Citizens as a due fenfc of their merit!, their neccflity, and your wifdom may fuggeft. ' And in order to prevent as much as poflibic tTiofc irregularities and rnnfitfipn, which, on fuch an occafion may be apprchetidcd, as well as for the convenience of the citizens, your Memorialifts beg leave fur- ther to fctmeft, that a competent number of prudent perfons may he appointed by your Honorable Board for the pnrpofc of diftributing the houfes, agreeabje to fuch ordinance as your Huliorablc Board ftiall be pleafcd topafsin favgut.pf your Memorialifts, who ai in duty boutrf. (hall ever pray, fire. New .Burgh, September i, 17S3. NEW- YORK DURING THE REVOLUTION 559 ^■^*^-n -^•-ifl^^tjt^tfg^ iAe^>i ^ .J^Z^tZ^aofux, 'c^Zut/ ,J'£^^/<%r/l/;'?lC^^^//>rJ. 1 c^/ ^J^leiy.. Ms M 6wa^ i ^ 4/^ ^^4^1/00/3;^ M /4 ^s y32 ?/ 2472 was fired, the troops paraded in Broadway came to attention ; as the echo of the last one died away, Governor Clinton appeared opposite the right of the line and the brigade presented arms, while an artillery salute suitable to his rank once more thundered out. Besides the military ceremonies, a civic reception^ was tendered to the general and the governor. Both repairing to the Bull's Head, they 1 " New York, Nov. 24, 1783. The Committee ap- pointed to conduct the Order of Receiving their Ex- cellencies Governor Clinton and General Washing- ton, heg leave to inform their Fellow-Citizens, that the Troops, under the command of Major General Knox, will take possession of the City at the Hour agreed on, on Tuesday next ; as soon as this may be performed, he will request the Citizens who may be assembled on Horseback, at the Bowling- Green, the lower End of the Broad- Way, to accom- pany him to meet their Excellencies Governor CUn- ton and General Washington, at the Bull's Head, in the Bowery — the Citizens on Foot to assemble at or near the Tea-water Pump at Fresh-water. ' ' Order of Procession. A party of Horse will pre- cede their Excellencies and be on their flanks — NEW-YOEK DURING THE REVOLUTION 561 Vol, II.— 36. 562 HISTOEY OF NEW-YOEK were met by an immense concourse of citizens and a novel but solid escort of returned exiles bursting witla entbusiasm. Elaborate ad- dresses were made, full of the spirit of the hour. Each man wore " a Union cockade of black and white ribband on the left breast and a Lau- rel in the Hat," and all were formed in " a square — the field and other officers on the flanks of the square," and in that manner the heroes were conducted to their quarters. None could doubt the sincerity with which these once exiled New-Yorkers addressed Washington : "In this place and at this moment of exultation and triumph, while the Ensigns of Slavery still linger in our sight, we look up to you, our deliverer, with unusual transports of Gratitude and Joy." On the 28th Sir Guy Carleton offi- cially advised his government that "his Majesty's Troops and such of the Loyalists as chose to emigrate, were on the 25th inst. withdrawn from the City of New York, in good order, and embarked without the smallest circumstance of irregularity or misbehavior of any kind." Even mother earth seemed to mark the v|';l significance of the event by unusual demonstrations. It is recorded by the reliable chronicler of those stir- ring days that on November 29, " in the evening we felt a slight shock of an earthquake, and about 11 there was a more violent one which shook all the city in a surprising manner." On December 5 Admiral Digby, with the last vestige of foreign force, sailed from Staten Island. One more historic scene was to close the last year of the military occupation of the city. On December 4, 1783, Washington, about to resign his military commission, took leave of his comrades in arms at Fraunces' Tavern. Colonel Tallmadge, one of his favorite officers, describes the impressive occasion: "We had been assembled but a few moments when his Excellency entered the room. His emotion, too strong to be concealed, seemed to be reciprocated by every officer present. After partaking of a slight refreshment in almost breathless silence, the General filled his glass with wine, and turning to the SIE GUY CARLETON. after the General and Governor, will follow the Lieutenant Governor and Members of the Council for the temporary Government of the Southern Part of the State. The Gentlemen on Horse- back, eight in Front — those on Foot, in the Rear of the Horse, in like Manner. Their Excellencies, after passing down Queen Street, and the line of troops up the Broadway, will alight at Cape's Tavern. The Committee hope to see their fellow citizens conduct themselves with Decency and De- corum on this joyful occasion." Hist. Mag., 1, 44. (For fac-simile of original broadside, see p. 564.) NEW-YOEK DUEING THE EEVOLUTION 563 c^y t-:^ '^^ yy^^l^ '^'^ -:Rt.^/ ;y^^ '^1^/^^^^'^a -z,'^{i^ c^ "^^"^^^^ ^^-^1^ .^:^JiS) J-iC.^^.^ v^L^ :^^^=^ ^^ /'^'^ ^/uu..^^ ^^^ .^^^^f^^-,^.^^^ ^^-^C. £:, «r>T_ '/>?«-«-^ .-Ct-'Zi.^^j^jiC^ 564 HI8T0EY OF NEW-YOKE Nev-YorV, Nov. 24, 1783. The Committee appointed to conduft the Order of re- ceiving their Excellencies Goveraor Clintton and General* WashinCton, BE G Leave to inform their Fellow-Citizens, that the Troops, under the Command of Major-General Knox, will take Poffeffion of the City at the Hour agreed on, Tuefday next 5 as foon as this may be performed, he will requefl: the Citizens who may be aflembled on Horfeback, at the Bowlings Green, the lower End of the Broad- Way, to accompany him to meet their Excellencies GovernorCLiNTON and General WAsHiNGToN,at the Bull's Head, in the Bowery— the Citizens on Foot to afiemble at or near the Tea* water- Pump at Frefh-watei*. ORDER OF PROCESSION. A Party of Horfe will precede their Excdlencies and be on their flanks — after the_General and Governor, will follow the Lieutenant-Governor and Members of the Council for the temporary Government of the Southern Parts of the State-r.-The Gentlemen on Horfe-back, eight irTFront— thofe on Foot, In the Jlear of the Horfe, in like Manner. Their Excellencies, after palling down Queen- Street, and the Line of Troops up the Broadway, will a-light at Cape's Tavern. The Committee hope to lee their Fellow-Citizens, con- duct themfelves with Decency and Decorum on this joy- ful Occafion. CITIZENS TAKE CARE!!1 TH E Inhabitants are hereby informed, that Permiflion has been obtained froHi the Comrnandant, to form themfelves in patrolcs this night, and that every order requifite will be given to the guards, as well to aid and aflift, as to give proteftion to the patrolcs : And that the counterfign will be given to Thomas Tucker, No. 51. "W^ter Street ■, from whom It Can be obtained, if neceflary. NEW-YOEK DURING THE EEVOLUTION 565 officers, said: 'With a heart full of love and gratitude I now take leave of you, I most devoutly wish that your latter days may be as prosperous and happy as your former ones have been glorious and honorable.' After the officers had taken a glass of wine, the General added 'I cannot come to each of you, but shall feel obliged if each of you will come and take me by the hand.' General Knox, being near- CIVIC BECEPTION OP WASHINGTON AND CLINTON. est to him, turned to the Commander-in-chief, who, suffused in tears, was incapable of utterance, but grasped his hand, when they embraced each other in silence. In the same affectionate manner every officer in the room marched up to, kissed, and parted with his General-in- chief. Such a scene of sorrow and weeping I had never before wit- nessed, and hope I may never be called upon to witness again. Not a word was uttered to break the solemn silence that prevailed, or to in- terrupt the tenderness of the interesting scene. The simple thought that we were about to part from the man who had conducted us through a long and bloody war, and under whose conduct the glory and independence of our country had been achieved, and that we should see his face no more in this world, seemed to me utterly insup- portable. But the time of separation had come, and waving his hand to his grieving children around him he left the room, and passing through a corps of light infantry, who were paraded to receive him, he walked silently on to Whitehall, where a barge was in waiting. 566 HISTORY OP NEW-YOEK NEW-YOEK DUEING THE EEVOLUTION 567 We all followed in mournful silence to tlie wharf, where a prodigious crowd had assembled to witness the departure of the man who, under God, had been the great instrument in establishing the glory and independence of these United States. As soon as he was seated, the barge put off into the river, and when out in the stream, our great and beloved General waved his hat and bade us a silent adieu." ^ In his reply to the citizens' address, a few days before, Washington used the following words, the spirit of which has been so wonderfully fulfilled in our day that they will most fitly bring this chapter to an end : " May the Tranquillity of your city be perpetual : May the Euins soon be repaired. Commerce flourish. Science be fostered, and all the civil and social Virtues be cherished in the same illustrious manner which formerly reflected so much credit on the Inhabitants of New York." 1 An extract from the letter of an officer of the continental army {quoted in Griswold's " Bepuh- liean Court," p. 3, N. Y., 1879) reads thus: "I have heard a good deal about the leave-taking at Black Sam's. Happy as was the occasion, and prayed for as it was by him and all patriots, when he might feel there was not an enemy in America, it brought with it its sorrows, and I could hardly speak when I turned from taking my last look of him. It was extremely affecting. I do not think there ever were so many broken hearts in New York as there were that night. That cursed cap- tain carried off Johnson's girl after all. . . . The Chief was told the story by Gen. Knox, and he said he sincerely sympathized with Johnson. That is like him. He was always touched by every- body's misfortunes. I saw him at the French minis- ter's dinner. He looked considerably worn out, but happy. As to Johnson, he is not alone, by a vast many. These scamps could not conquer the men of this country, but every where they have taken the women, almost without a trial, damn them! But as you say, it 's the girls who ought to be damned, who could not hold out against a spruce uniform, nor remember a brave heart. Well it 's their weakness. But I 'm in the wrong if one of them who has taken a British husband and does not rue it, for which, certainly, I shall not care." DBPABTURE OF THE BRITISH TROOPS. PAPERS RELATING TO THE BRITISH PEACE COMMISSION IN AMERICA IN 1778. (Selected from the Stevens " Fac-similes of MSS. concerning America, 1773-83," London, 1891.)i LAPAYBTTE-CAELISLB COREBSPONDENCB COVERING A CHAIiLENGE TO FIGHT A DUEL. (Marqms de Lafayette to Lord Carlisle.) FiSHKiLL 5 October 1778 Until now, my Lord, I did not believe that I should ever have any transactions except with your generals, and I only expected to have the honour of seeing them at the head of the troops which are respectively intrusted to us. Your letter of the 26" of August to the Congress of the United States and the insulting phrase towards my country which you have there signed, would alone give me a sufficient reason for demanding satisfaction from you. I scorn to refute it, my Lord, but I wish to punish it. I challenge you as head of the Commission to give a satis- faction as pubhc as the offence has been and as the refutation which follows it will be. This would not have been so long delayed if the letter had reached me sooner. Compelled to be absent for some days, I hope to find your reply on my return. M. de Grimat, a French offlcer, will make on my behalf the arrangements which may be most agreeable to you. I do not doubt that for the honour of his countryman, General Clinton will place no obstacle in the way. For my part, my Lord, all arrangements are good, provided that to the glorious advantage of being bom a Frenchman, I may add that of proving to one of your nation that my own shall never be attacked with impunity. (Signed) Lafayette. To Lord Carlisle at New York. (Lord Carlisle to Marquis de Lafayette.) SiE I have received your letter transmitted to me from Mons. de Gimat, and I confess I find it difficult to return a serious Answer to its Contents. The only one that can be expected from me as the King's Commissioner, and which you ought to have known, is that I do and ever shall consider myself solely answerable to my Country and my King and not to any Individual for my public Conduct and Language. As for any opinion or expressions contained in any publication issued under the Commission in which I have the Honour to be named, unless they are retracted in Pubhc, you may be assured I shall never in any Change of Situation be disposed to give an Account of them much less recall in Pubhc. The Inquiry alluded to in the Correspondence of the King's Commissioners to the Congress I must remind you is not of a private Nature, and I conceive all national disputes wiU be best decided by the Meeting of Admiral Byron and the Count d'Estaign. New York, Oct' 11"", 1778. (Signed) Carlisle. 1 These documents appear, for tlie first time in type, here. 668 NEW-YORK DUEING THE REVOLUTION 569 II " SKETCHES or AMEEICAN PUBLIC CHARACTERS AND HINTS FOR THE USE OP THE COMMISSION " : AUTOGRAPH LETTER PROM REV. JOHN VARDILL TO WILLIAM EDEN, ESQ., APRIL 11, 1778. (From tlie Auoklancl MSS., King's College, Cambridge, England.) ' Sir : Tho I am sensible that you will derive much better information from others, and am inclined to believe that your Humanity suggested the request in your note, to relieve my mind of pain from a rejection of my former proposal ; yet I wiU deliver my Opinions without reserve, — persuaded, from your Candour, that they may be as safely trusted with you, as in my own bosom. To secure the respect of the People in general especially in the Middle and Eastern Provinces, you will find it prudent to maintain a Gravity in your Deportment, to join as little as possible in Carnival Parties & Public Diversions. The ReUgious Principle has much influence among them ; you will not therefore display even an appearance of contemning it by neglecting public worship. You will find the Loyalists in general, in America, too much under the impulse of Passion S Prejudice to be relied on for Information, & too obnoxious to the leading Rebels to be of any service in conciliating their aifections. You will therefore be difficult of access to them on your arrival, as it wUl save you the necessity of disobliging them of the pain of perpetual application for assistance & favours. Among those who will first wait on you at New York will be Gov' Tryon <& his Council. Tho a Gentleman of Integrity & Fortitude, Mr. Tryon is made by his Vanity a Dupe to every flattering Imposter. William Smith Esq. who was his Premier managed him by this string & made him suppose, that the whole Dissenting Interest in the Province would obey his Nod. Being deceived & insulted by them, you will find him too much guided by personal Resentment to be trusted. His indiscreet Letter to one of the Rebel Commanders, avowing his inclination to &re every Committee man's House, thro' the Country has made him very odious & rediculous. His Secretary Col. Fanning is a plausible good natured Gentleman, but of shallow Understanding & held for his affectation in contempt by those in the congress who are acquainted with him. Mess" Morris, White & Wallace are possessed of no influence & not worth your attention. Genl. Belancey, who also is of the Council, & Mr. James Belancey of the Assembly of New York are remarkable for their good sense knowledge of the Country & influ- ence among the Loyalists. They are possessed of large property in the Province. Mr. James D has been in England during the War. He is intimate with Burnet & Fox & is related to the Duke of Grafton. Tho I introduced him a few days ago to L'd. North as a person I wished not to have as an Enemy to the Commission : yet I think he should not be confided in, tho treated with attention, as he wiU probably correspond with some of the Leaders in Opposition. He is exceedingly open to Flattery, so that, tho naturally reserved, if he finds himself listened to without contradiction & is pampered with praise, he wiU dis- close his opinions freely & without disguise. He may be a very dangerous Enemy tho it is not in his power to be very useful as a friend. IRev. John VardlU, D. D., was a graduate of Sir Henry Clinton. William Eden was the third King's College, New-York; in 1774 he was ap- son of Sir Rohert Eden, Bart., of West Auckland, pointed assistant rector of Trinity Church, hut Durham, England (horn 1744, died 1814) ; Under declined and removed to England. He was in the Secretary of State (1772), Lord of Trade, Commis- employ of the British government for a time, but sioner to America (1778), Minister to Prance (1785) ; eventually became rector of Skirbeek and Pish- also Ambassador to Spain and Holland, and Post toft, in Lincolnshire, where he died in 1811. Wil- master-General ; was raised to the British peer- liam Eden was one of the British Commission of age (1793) as Baron Auckland. 1778 ; the other members being Lord Carlisle and 570 HISTOBY OF NEW-YORK It may deserve your attention, that for many years, two Parties have contended for power in the Province of New York — the one, which was the Chwrch-Interest, headed by the Belancies & the Dissenting led by the Livingstons & Smiths. The latter, who joined the Rebels are now the prevailing Party ia the Province — You will there- fore see a reason for not countenancing openly the Delaneey-Party, nor meddling, with it as it will operate strongly in preventing their opponents <^ governing themselves having been one motive to join in the Rebelhon. Indeed I humbly conceive it will, in general answer no good purpose to show a preference to any man or Family friendly to Government ; but to act without apparent attachment or connection with any. You will find it of essential importance to engage if possible vtilliam smith, one of the Council of New York, in your Service. He now resides near Albany, & has more influence over the Rebels in the Province than any other person. The titular Gov' Clinton was his Pupil & is his Creature. He is subtle, cool & per- suasive. He corresponded with i? Bartnwutk & aspired to be Lieut. Governor of the Province. He may be secured by an apphcation to his Ambition. John Jay Esq. Chief Justice of the Province & member of the Continental Congress, is possessed of a strong Understanding, tho much perverted by the Study of the Law joined to a temper naturally con- troversial. You can sooner gain him to your opinion by submitting to be confuted by him, than by a direct attempt to convince him. He has but a smaU fortune and is married to a Daughter of Gov' Living- ston of New Jersey. A prospect of Keeping his present office cf Chief Justice, would probably weigh much with him, as he, before the War, sollieited with Mr. Robert Livingston, thro me, to be appointed a Puisne Judge. He is obstinate, indefatigable, & dogmatical but by his Courage zeal & abilities, as a Writer and Speaker, has much Popularity leads the other Delegates and has much in- fluence with his Father-in-Law. Bobert Livingston Esq. Chancellor & a member of the Continental Congress, is the hope & mainspring of that Family. His Talents are more specious than Solid. He is elegant in his manners, persuasive in his address, without the bitterness' and warmth of the Partisan, and desirous of honours & wealth chiefly to employ them in pleaswres. A prospect of the eminence of his family & of retaining his present office of Chancellor, will much influence him. Egbert Benson Esq. Attorney Genl. is a person of Probity & plain understanding. He will be guided effectually by the example of the two former Gentlemen in whose abilities he has an implicit confidence. James Duane Esq. Delegate for the Province, is a plodding Lawyer, whose skill is derived strictly from apphcation to business, of little influence, a slave to avarice & capable of any meanness to gratify it. He is Son-in-Law to M' Livingston of the Manor (whose son lately left England for America favourably disposed toward Gov- ernment) & will follow the Family Interest. These are the only Persons of the Province of New York in the Congress-cause, who are worthy your attention. In Pennsylvania, among the principal LoyaUsts you will find Joseph Galloway Esq. author of the " Calm Address." He is a man of Integrity, much esteemed by the People, & possessed of an improved Understanding ; but he is too fond of System & his natural warm Temper, inflamed by the oppressions and indignities he has suffered, aiZc.^y'^^f \,1.\JL !• ^ere freeholders in the prov- ince or freemen of the cities OLONEL TiLGHMAN, Aid of New- York and Albany. de Camp to his Excellency ^* "^^^ reserved to a later 4-^ 1 T^r ^ t. • day to give fuller effect to General mSHINGTON, haying ^he political emancipation brought official aCOUntS of the declared by the American SURRENDER of Lord Corn- Revolution.^ The sections wallis, and the Garrifons of <^^ *^« constitution which York and Gloucefter.thofe Citi- — "'„ CrtZ", ZenS who Chule to ILLUMI- government thus estabUshed NATE on the Glorious OC- were those vesting the su- CASION, will do it this evening P^^^^ legislative power in at Six, and extinguifh their J;^^. '7^*^^^Jl ^''^^'^ ^. ^ _^. » 1 ^ bodies to be called the assem- llghtS at Nine O Clock. ^ly and the senate. The Decorum and harmony are leading authorities concede earneftly recommended to eve- *^a* ^^^ former legislative ry Citizen, and a general dif ,\"^^<^^^' ."^ ^pp^^ Jouse of •^ ■ 1 1 n the province, was the model countenance to the leait ap- of the senate, and not di- pearance of riot. rectly the English House of _„ , „ , Lords. The lower house was but the former assembly of the province, and both in their functions and operations the two bodies were indistinguishable. The new legislature, in common with the old, had the power of enacting laws — but not all laws. Both bodies were constituted the sole judges, of their respective member- ships — a grant bearing the mark of an historic struggle. Their procedure was not altogether optional. Section IX. of the consti- iBryce's "American Commonwealth," Vol. I., were 93 freemen of the city (probaWy included in Cbap. 37. this 1303). Smith's "New York in 1789," p. 7. 2 In the year 1790, out of 13,330 males resident 3 The above reduced fac-simUe of a broadside in the city of New York, but about 1303 appear to issued in Philadelphia illustrates the joy of the have had sufScieut property to qualify them to be patriots upon receipt of intelligence that aroused electors for State senators under the State con- corresponding depression in New-York, stitution of 1777, At that time, it is said, there Editok. CONSTITUTIONAL AND LEGAL HISTOEY OF NEW-YOEK 611 tution provided that the assembly should enjoy the same privileges and proceed in doing business in like manner as the former assem- bly. This served to introduce expressly some of the more binding principles of parliamentary procedure, or that body of Anglican legis- lative customs and law sometimes known as the " common law of parliament." This provision operated as a minor limitation on the powers of the new legislature. The major limitation was that the legislation should not be violative of the public law embodied in the new constitution or of certain great unwritten principles of natural right sometimes forgotten. The power of the new legislature to change the former common law was a modified power, and expressed as a power of alteration and not abolition. The first constitution ex- pressed also an apprehension, often remarked, of the unlimited power it vested in the people. To moderate the evil feared, the third section of the constitution provided for a revision of all legislative bills by a council of revision consisting of the governor, the chancellor, and the judges of the Supreme Court or any two of them acting with the governor. By a vote of two thirds of both houses a bill might be passed over the objections of the council, and become a law. The supreme executive power was vested in a governor to be chosen by ballot by the freeholders of New- York (out of their own body), having freeholds of the value of one hundred pounds. The constitution omitted to qualify for this office a freeman of the cities who might not be a freeholder. The powers of the governor were similar to those of his predecessors the crown governors. He was commander of the military forces, and could convene and prorogue the assembly and pardon offenders for crimes other than treason and murder, the par- don of which was reserved to the legislature, as formerly to the crown. The governor was, in short, the chief magistrate of the State, as he had been of the former province. The constitution plainly contemplated that the new governor should deliver a message to the legislature, according to the custom of the preceding century. To aid the chief executive, the old office of lieutenant-governor was continued with a modification which made him the presiding officer of the senate. This office was also elective. In comparison with the general powers sub- sequently vested in the president of the United States, the powers of the governors of the State of New- York were specifically prescribed, with the view of preventing a repetition of the arbitrary conduct often manifested by the crown governors. The veto in the executive was shared with the other members of the council of revision, and the power of appointing to all offices other than that of governor and lieutenant-governor, which were elective, was vested in a council of appointment consisting of the governor and a council of senators chosen by the assembly in the manner prescribed by the constitution. 612 HISTOEY OF NEW-YOBK The judicature, whicli rapidly became a coordinate branch of the new government, received very little attention at the hands of the founders of the State government. But one new tribunal was erected — the court for the trial of impeachments and the correction of errors. It consisted of the president of the senate, the senators, the chancel- lor, and the judges of the Supreme Court, or the major part of them. When the court sat as a court of impeachment, the chancellor and the judges, if impeached, were disqualified from sitting — a provision su- pererogatory at common law. The power of impeaching all officers of State was, by analogy to the ancient practice in England, vested in the lower house of the legislature. The conception of vesting the su- preme appellate jurisdiction in the upper legis- lative house was derived from the former prac- tice of appeals to the council of the province, This council had possessed judicial as well as legislative power: it was the court of errors of the province. So in all probability the designation of the judges as members of the new Court of Errors arose from the former practice in the province, for the judges were PAULDING MONUMBNT.l ,. ., , „ ., ' , ., ordinarily members oi the governor's council, but they could not vote on appeals from their own judgments, al- though they might deliver arguments in support of the same, which practice was perpetuated by the new constitution.^ From the earliest times the judges of New- York had been debarred from deciding on appeals from their own judgments.^ The great courts of original jurisdiction, the Supreme Court and the Court of Chancery of the province, were not disturbed ; nor were they continued expressly by the new constitution, nor even men- tioned except indirectly. The tenure of the former offices of chan- cellor and Supreme Court justices was made during good behavior or until sixty years of age, in deference to the popular preference and prejudice exhibited in the provincial epoch, and these officers were made members of the council of revision and of the Court of Errors. In no more direct way were these ancient courts fastened upon the new order of things, and yet they continued as before, although both owed their existence to the quondam hated ordinances of the royal governors, made without the consent of, and in fact contrary to, the preference of the former assembly. In witness of the ancient con- tention between the crown and the assembly, the State legislature 1 The above fflustration represents the marMe nold. He was tiuried in St. Peter's churchyard, monument reared in 1827 over the grave of John near PeeksMU, N. Y. Editok. Paulding, who with Isaac Van Wart and David 2 Sec. 33, Const. 1777 ; Forsey vs. Cunningham, WUliams captured Major Andr6 at Tarrytown, on N. Y. Hist. Society Collections. Ms return from his conference with General Ar- 3 " Diike's Lawes." See Vol. I, Oh. XIV. CONSTITUTIONAIi AJSTD LEGAL HISTOBY OF NEW-YORK 613 was prohibited from instituting any new courts " but such as shall proceed according to the course of the common law. It is highly- probable that the former fundamental courts of common law and equity were thought to be continued by virtue of the thirty-fifth sec- tion of the constitution continuing in force the former common law of the province.^ In any event the further continuance of the Su- preme Court and the Court of Chan- cery under the State government was assured only in the manner in- dicated, and to this day both the common-law and equity jurisdictions of the State courts are primarily due to the ordinances of the crown gov- ernors, promulgated nearly two cen- turies ago.* The constitution made provision for an experimental test of secret voting by ballot, and if this should prove a failure, then for a return to the former viva voce method. The suffrage was confined to freeholders and freemen of the cities who had taken an oath of allegiance to the new State. To qualify an elector for the senate, he must be a resident citizen and a freeholder possessed of a freehold of the value of one hundred pounds over all debts charged thereon. To be an elector for the assembly, the citizen must he a freeholder to the value of twenty pounds, or a taxpayer rent- ing a tenement of the yearly value of forty shillings. For the first time in the history of the province the free exercise and enjoy- ment of religious worship, not degenerating into license inconsistent with the public peace, was guaranteed by the constitution, against the wishes of several who would exclude those of the faith of Eome. Several provisions of the fundamental English statutes, Magna Charta and the Bill of Eights, although adopted as a whole by the section continuing the former common law, were reenacted. Trial by jury was to remain in the cases in which it had been used in the colony of New- York. All parties accused were to be allowed counsel. No hill of attainder was to be passed for crimes other than those com- mitted before the termination of the pending war, and such crimes were not to work a corruption of blood. 1 This portrait was obtained too late to place in Chapter VIII. Editor. 2 See the veto of the oouncil of revision, Tomp- kins, Lansing, Kent, Thompson, and Yates. Street's "New York Council of Revision," p. 370. 3 2 R. S. of New York, 196, Sec. 1. 614 HISTOBY or NEW-yOEK The legislature was given discretion to pass an act to naturalize persons born out of the United States and abjuring all foreign author- ity, ecclesiastical as well as civil — the ecclesiastical abjuration being directed against Eomanists. The constitution declared all clergymen ineligible to any civil or military ofBce under the State, as they were " by their profession dedicated to the service of Grod and the cure of souls, and ought not to be diverted from the great duties of their function." The future law of the State was fixed by the thirty- fifth section of the constitution, declaring "that such parts of the common law of England, and of the Statute law of England and Great Britain, and of the acts of the Legislature of the Colony of New York, as together did form the law of the said colony on the 19th day of April, 1775," — the date of the battle of Lexington, — should continue the law of HICKS AEMs. ^j^g State, subject to such alterations and provisions as the legislature of the State should make concerning the same. In historical order, and in a subsequent chapter, we may briefiy indicate the leading features of the law thus reestablished and perpetuated. Such were the main provisions of the fundamental charter of the new government. It bore an astonishing resemblance to the former crown government, except in the source from which the political authority emanated. That was a new political institute, but one long dreamed of by philosophers and at last realized. The realization was the legitimate inheritance of those who had left old institutions and worn-out forms for the politically formless regions of the world. It is true that it had been said by the political writers of ancient Greece that all forms of government proceed in cycles, and are constantly changing from free forms to forms less free and from absolutism to anarchy, and that no form of human government is stationary, entirely novel, or perfect. The new form of government of New- York, however, contained several features new to the history of political societies — absolute religious toleration, and the declaration, rather than the reali- zation, of a complete popular supremacy, absolutely unalloyed with differences in status, for no mention was made of African slavery in the constitution, and its total abolition was evidently contemplated by the founders of the new State. With the exception indicated, the constitution contained no novel- ties. It was only an evolution, or the final consummation, of the political struggles written on every page of the history of the prov- ince. The people of New- York had always maintained their right to the entire public law of England, which, subsequent to the Bill CONSTITUTIONAL AND LEGAL HISTORY OF NEW-YOEK 615 of Rights of 1689, and the Act of Settlement,^ they fully recog- nized as the best and freest public law any people had yet enjoyed." The constitution of the new State did not therefore indulge in a triumphant denunciation of the past, nor did it destroy those old and well-worn forms which experience had demonstrated could coalesce with liberty. On the contrary, it perpetuated those institutions of the province and of the common law of all English-speaking people which had been found fully consistent with equality, liberty, order, and justice. The only revolution was in the source of the future polit- ical power, which was declared to be founded on the will of the people. * How great this single revolution indicated was, it took some genera- tions to comprehend ; for at first the force of the ancient legal formulse and the tyranny of custom rendered the political emancipation to some extent a phrase, and it was not until subsequent to 1800, when a new generation of lawyers had come on the scene, that the State entered on the phase of UfJ j> (^ really popular institutions. The effect of the change wrought in the common law by a combination with republican institutions then became more apparent. The State government thus founded was, for a number of years afterward, regarded only as a de facto government by the inhabitants of the counties of New-York, Westchester, Richmond, and Long Island, by far the richest and most populous parts of the province. When the continental forces aban- doned the city of New- York on September 15, 1776, the British, under General Howe, reestablished their authority in the counties named, and continued to exercise a jurisdiction over them until November 25, 1783, when the formal evacuation took place, in accordance with the definitive treaty of peace with England. During this entire period there were two actual governments existing side by side within the limits of the present State. Both invoked virtually the same law, and both claimed the rightful jurisdiction of the entire territory of New- York, but one in the name of the crown and the other in the name of the State. The judicial records of each of these governments, within the sphere of its actual jurisdiction, are now equally authoritative. The records of the respective governments and courts are, however, entirely distinct. A glance at the royalist government in the lower counties from 1776 to 1783 will be sufficient. The former civil courts, with two ex- ceptions, — the prerogative court and the admiralty court, — remained closed, and in their place was erected by proclamation, on May 1, 1777, a quasi-civil judicatory, called a court of police, which had cog- nizance of all causes arising thereafter. With a view to supersede 12aii(113Win. m., c. 2. 2 Charles O'Conor, "the Constitution," New- York, 1877, p. 8. 616 HISTOKY OP NEW-YOEK the military authority, and with the hope of reestablishing the civil authority, the crown, in 1780, commissioned Lieutenant-G-eneral Eob- ertson as eivU governor of the province, and on March 23 of that year, his commission was read with the usual ceremonies at the City Hall in New-York/ A provincial council, with the usual powers, legislative, judicial, and executive, was again designated, and the greater part of the former civil machinery was reestablished. The records of the prerogative court under the royalist governor remain during this period the repository of wills and probates affecting prop- erty in the lower counties. Q-eneral Robertson's commission as gov- ernor was, however, never recognized by the State, although under the final treaty his political authority was complete within his jurisdiction until the formal evacuation of the province. The State government established at Kingston, April 20, 1777, was, until 1783, itinerant and desultory, while its actual jurisdiction was confined to the upper river counties. Before adjourning, the convention which had framed their constitution desig- nated a committee to report a plan for organ- izing the government agreed to by the convention. This committee, in order to provide for the temporary representation of those counties within the British lines, re- cLiNTON AEMs. ported & plau, subsequently acted on, by which delegates to the assembly were chosen to represent the counties within the royalist lines by the members elected in the State's juris- diction. The convention continued in session until May 13, 1777, when it finally dissolved, having previously appointed a committee or council of safety to administer the government until the organ- ization contemplated by the convention should be perfected.^ A temporary judiciary was designated, consisting of Robert R. Living- ston as chancellor, John Jay as chief justice, and Robert Yates and John Sloss Hobart as puisne justices of the Supreme Court, They were to hold office until a permanent judiciary was appointed by the council of appointment in the manner prescribed by the new constitution. The proceedings of the council of safety intrusted with the temporary government of the State, though historically inter- esting, are unimportant to the subject of this chapter. The "re- solves" of the provincial congresses and convention — the purely Revolutionary government — were, by the thirty-fifth section of the 1 N. Y. Gazette, March 28, 1780. 2 1 Journ. Provincial Convention, 916. CONSTITUTIONAL AND LEGAL HISTOEY OP NEW-YORK 617 WASHINGTONS' BOOK-PLATE. constitution of 1777, made a part of the fundamental law of the State, provided they were not repugnant to the constitution. Yet, in a permanent sense, these "resolves" were not important to the jurisprudence of the State, for as late as 1818 no copy of them was to be found in the State archives.' It was not until 1842 that the legis- lature directed that these "resolves" be printed, so that the legislative records of the State might be complete and accessible. They were generally of a temporary or provisional char- acter, and had no enduring effect. The "re- solves" of the provincial convention were of a higher order than those of the congresses. By one "resolve" of the convention, the quit-rents due to the crown by the holders of land in the province were vested in the State.^ This "resolve" served a double purpose — it was a formal act of confiscation or escheat of the estate of the crown, and it preserved the rela- tions existing under the socage tenure between the landowners and the head of the State. This subject received further consideration in the year 1779, and again in 1798.^ At an early period of the State government the condition of the laws attracted the attention of the authorities. At the opening of the second session of the State legislature (October, 1778), Governor Clinton, in his annual message, said: "By the 35th Section of our Con- stitution the laws of this State are necessarily become complicate, and as every member of society is materially interested in the know- ledge of the laws by which he is governed, I am induced to believe a careful revision of the laws of this State would be an acceptable service to your constituents and attended with the most salutary effects." In pursuance of this resolution, a committee was appointed to ascertain what laws were expiring and what new laws were neces- sary. Nothing of importance, however, was done toward the revision until after independence was assured. In 1779, long and confidently anticipating the time when the English power should be completely broken and the State in the control of the new authorities, the State legislature, sitting at Poughkeepsie, passed an act providing for the temporary government of the southern part of the State by a com- mission. But not until 1783 could this measure be effected, and then for several months it was in operation, and the southern counties were governed by a legislative commission until a general election for members of the assembly was held. 1 Journ. N. Y. AssemWy, Feb. 11, 1818, p. 156. 2 Joum. Prov. Conv., 554. 3 Laws of N. Y., c. 33. 618 HISTOBY OF NEW-YORK When the definitive treaty of peace was signed with England, and the evacuation of 1783 completed, the independent State government would have been completely sovereign here had it not been for the articles of confederation between the various colonies, effectuated in this State by an aet^ passed February 6, 1778. Before proceeding farther with this narrative of events, we should glance at the effect which these celebrated articles and the subsequent federal constitu- tion had upon the sovereign power of the new State government. These instruments in question may be and are regarded from two opposite points of view : as expressions either of political conditions actually subsisting between the colonies, or else of relations created anew by conventions expressed in the instruments themselves. His- torically speaking, neither the articles of confederation nor the sub- sequent constitution were the first efforts to form a union of the seaboard colonies of England. The first ' formal declaration of a living principle in national unity was as early as 1643. In that year the New England planta- tions confederated for united action of a defensive nature. By the terms of this union each colony preserved its jurisdiction and powers of internal government intact, and without regard to size or population was represented by the same number of delegates at the federal council. As this example was independent of outside dictation, the civil war then raging in England, it may be re- garded in the light of subsequent events as establishing a spontaneous principle of national union which, for convenience, may be called the decentralized principle. The plan of the convention of 1754, though abortive, — it being rejected by both English and Americans, — had some regard for the same principle. The Stamp Act Congress of 1765 is important politically rather than as a manifestation of any principle in national unity. The congresses of 1774, 1775, and 1776 enunciated a like principle, and in these national councils each of the colonies had an equal voice. Thus we perceive that all the prior political unions of the colonies were pursuant to that principle of decentralization ultimately embodied in the union. The Declaration of Independence declared the allegiance to the British crown absolved and the "United Colonies" free and independent States. This language and that of the subsequent terms of union, the federal constitution, gave rise to the celebrated controversy concerning the nature and extent of State sovereignty, a controversy much simplified if we have regard to the 1 1 Jones and Varick, 15. . late to insert in their proper places in the first 2 The autographs of the burgomasters of New volume. Those of Burgomasters Steenwyck and Amsterdam — Van Hattem, Crigier, Anthony, Van- De Peyster have already appeared there. diegrist, and Van Brugh — which appear on this Editor. page and on others following, were obtained too CONSTITUTIONAL AND LEGAL HISTOEY OF NEW-YOEK 619 fact that the colonists could not, according to all accepted canons of the publicists, rebel as colonies, but only as individuals. Conse- quently they could only succeed in subverting the ancient Enghsh sovereignty and authority as individuals living in separated commu- nities. Successful rebellion always transfers the sovereignty from the unsuccessful to the successful. Thus, in the eye of the pubhcist, individuals living in the province of New-York succeeded to the en- tire political authority of the former government in New- York, and they also succeeded, in common with the warring people in all the other colonies, to the subverted general authority of the crown in its relations to the other seaboard colonies. There was no question that the people of a particular colony suc- ceeded to the former sovereignty over that colony; the real question related to the manner in which they succeeded to certain imperial prerogatives of the crown, of far more general extent. A close analysis will perhaps demonstrate that the subverted imperial authority was ultimately invested by the people of all the colonies in the new general or federal government, and that the subverted sovereignty in a particular colony was transferred by its recipients to the new State government. If we may act on this rigid analysis, it may be said that the original articles of con- federation failed to express the real partition of the subverted political power, while the federal constitution of 1787 accurately expressed the relations which the people in all the original colonies antecedently bore to the new order of things. While the articles of confederation were articles of perpetual union, which invested a single chamber, in which each State had an equal vote, with certain portions of the ancient imperial authority, yet they were regarded by Washington, Jefferson, Hamilton, Adams, and many other statesmen of that day as purely provisional and temporary. To some extent they regulated merely the status belli of the thir- teen communities engaged in the pending war, and they were com- monly regarded as preserving to each State its practical autonomy and as regulating only its external and foreign relations rather than its internal and domestic conditions. The federal constitution, how- ever, did declare the natural limitations of the autonomy of the State, and subordinated it in the sphere of federal law to the authority of the MONTGOMEBY'S MONUMENT. 620 HISTOEY OF NEW-YOEK people of all the States (including its own), without reference to State demarcations of territory. The ratification in 1788 by New- York of the federal constitution brought it in the class of States called by the publicists "imperfectly sovereign." Its status as a member of the federal union was thereby fixed, whether in conformity or not to the preexisting facts, so that it retained complete jurisdiction of some departments of law and an inferior jurisdiction of other departments. The state in one aspect was now as sovereign as the most independent State, while in another aspect it had not the power and jurisdiction of a free and independent State, for its citizens were also citizens of another and larger government, but one of limited powers. Both governments could punish the same persons for treason against their several authority. The limitations of this dual citizenship in the na- tion and the State form the most subtle and interesting of the forces now at work making the nation ; but they are extrinsic to our theme. Between these two spheres of government the law detects the most perfect harmony of action. The perfected jurisdiction of each is essen- tial to the permanence and efficiency -/" "-^.^ y ' /r y of both, and exaggerations of the ^■■^y~^ prescribed authority of either inter- fere with the perfect harmony and adjustment which should reign supreme. It will be noted that the new State government was after 1788 placed back in the relative posi- tion which it had occupied as a province. As a province it had not been what publicists term a perfect State, and as a State of the United States it occupied toward the new general government no very dissimilar position to that it had occupied toward the ancient crown government. Indeed it may be said, with some truth, that the new general government simply succeeded to those prerogatives of the crown which were of an imperial character. But the new king was the entire people of all the colonies acting together in their col- lective political capacity. Had Hamilton's early proposal to have the governors of the States appointed by the federal authorities pre- vailed, the relation of the State to the federal government would have been very similar to those relations which the province bore to the headship in the colonial era. When the federal constitution came into operation in 1789, the Court of Admiralty of the State of New- York ceased to exist, the constitu- tion having vested the admiralty jurisdiction exclusively in the federal establishment. Prior to 1789 the State claimed the admiralty juris- diction as successor to the crown, and established a local court recog- nized by the State constitution of 1777. Having now pointed out generally the nature of sovereignty in a composite state, we may pro- ceed to the further consideration of the State of New- York, Adewed as CONSTITUTIONAL AND LEGAL HISTOET OF NEW-YOEK 621 POUGHKBEPSIE COURT-HOUSE.^ a separate political community. During the Revolution the State legislature had been too much engrossed with the perils of the times to institute any sensible change in the ancient law of the province, perpetuated by the new State constitution. The act to organize the State government was the first step taken ; ' it declared, among other things, the jurisdiction of the Court of Probate to be that prerogative jurisdiction formerly exercised by the royal governor as judge of the Court of Probate. It directed the judges of the " four great courts," Chancery, Supreme, Probate, and Admiralty, and of the inferior courts of Common Pleas, to cause seals to be made for their respective courts, and provided that the terms of such courts should begin on the same days as those on which they had been held when under the authority of the crown. With the cessation of hostili- ties, the legislature of New- York began to turn its attention more vigorously to the condi- tion of the laws of the new State. In the year 1782, the first of the series of laws affecting real property was passed.' Estates tail were converted into estates in fee simple absolute, the law of primogeni- ture was formally abolished, and the canon of descents was made to conform to more rigid conceptions of democratic institutions. In the year 1784 several acts were passed repealing, as repugnant to the new constitution, the immunities, emoluments, and privileges accorded to the Episcopal communion, sometimes called the Church of England, in New -York. All the acts of the assembly of the province by which the inhabitants of New- York, Richmond, Westchester and Queen's counties had been compelled to pay taxes for the support of the Episcopahan clergy were repealed. The repealing clause included the act of 1700, before noticed, directed against Jesuits and Popish priests in New- York. The journals and records of the assembly disclose that with the year 1786 greater activity in legislation began; the act of 1782 abol- ishing entail and altering the law of descents was now more carefully reenacted. Samuel Jones and Richard Yarick were appointed to col- lect and to reduce into proper form for reenactment all such statutes of Great Britain and England and of the colonial legislature as were 1 1 Jones and Varick, 22. 2 In the Poughkeepsie court-house, illustrated ahove, was held the convention of New-York dele- gates called to discuss the adoption of the federal constitution. They assembled on June 17, 1788, and on July 11 ratified the new constitution, with some recommendations for amendment. Editor. 3 C. 2, Laws 6th Session, 1782. 622 HISTORY OF NEW-YOEK continued in force by virtue of the tMrty-fifth section of the constitu- tion of 1777/ The proposed revision was in some respects the most important yet contemplated in New -York. The whole statute law of England and the province was to be explored and revised with the in- tent that when the revision was completed all other statutes should cease to be operative in New -York, under the thirty-fifth section of the constitution of 1777. From time to time the revisers reported to the legislature the revision of the English statutes deemed in force in New- York. The bills thus reported were generally adopted by both the legislature and the council of revision. When the necessary Eng- lish statutes had been thus recast and reenacted, the legislature in 1788 passed an act declaring that after May following " none of the Statutes of England, or of Great Britain shall operate or be con- sidered as laws of this State." ^ The revision of Jones and Varick now became the authoritative and final legislative interpretation of the thirty-fifth section of the first constitution, in so far as it determined what part ^/^Xri^o^t-ry^ of the statutes of England and Great Britain were continued as not repugnant to the new order of things. To enumerate in a brief space the various English statutes substantially incorporated in this revision would be impossible : they illustrated and embodied many of the most important reforms — constitutional and legal — accomplished by the English in the course of their history as a nation. Among the various acts incor- porated in the revision of Jones and Varick was a new bill of rights containing the substance of the most important sections of Magna Charta, the English bill of rights, the habeas corpus act (31 Car. II.), and other acts which are recognized as composing the English constitution. Among the other notable English acts contained in this revision were the statute of uses, 27 Henry VIII., c. 10 ; the stat- ute of distributions, 22 and 23 Car. III., c. 10 ; the statute of frauds, including the substance of 13 and 27 Elizabeth against fraudulent conveyances, and of 29 Car. II., c. 3, relative to the memoranda in writing necessary to the enforcement of certain undertakings; a statute of wills taken from 32 Henry VIII. and 29 Car. II.; and a statute of limitations embracing various English acts on the same subject. There was also an act passed concerning tenures, containing the substance of 12 Car. II., c. 24, which had reformed the earlier English feudal tenures. This act, as revised, contained a new provision to the effect that the tenures of all patents or future grants under the great seal of the State should be allodial and not feudal. This was the be- ginning of the legislation declaring all lands aUodial — a reform much 1 C. 35, Laws of 1786. 2 C. 46, Sec. 37, Laws of 1788 ; 2 J. & V., 282 ; 19 N. Y., 74. CONSTITUTIONAL AND LEGAL HISTOKY OF NEW-YOEK 623 vaunted but of little consequence after the statute 12 Car. II., c. 24, so long as escheats were not abolished. Although the "Act for revising and digesting" the laws directed Messrs. Jones and Varick to correct and reduce all the public acts of the assembly of the late province continued by virtue of the thirty- fifth section of the constitution, yet this part of the contemplated work was not accomplished. The revisers, however, reported a bill repeahng a large number of such acts,' but stated that the acts not so repealed remained operative.'^ All the acts of the assembly of the province were not formally repealed until the following cen- tury.' The revision by Messrs. Jones and Varick may be regarded as the only comprehensive digest or revision of the laws of New- York down to the year 1800. Yet it instituted very few changes in the prior laws, which remained substantially as before the Revo- lution. This revision was in fact simply an authoritative defini- tion of the thirty-fifth section of the first constitution. Down to the year 1800 the character of the legislation may be said to have been declaratory rather than reformatory, although some sensible re- forms were instituted in the manner already noticed. Until the year 1796 the criminal laws of this State were of extreme severity, as in England; but in that year the death penalty was limited to treason against the State, murder, and stealing from a church. Whipping as a punishment for offenses under the degree of grand larceny was abolished by the same act.* The Eevolution of itself made no change in the criminal laws of the State. By the constitution of 1777, Section 34, the accused were allowed counsel in all criminal cases, thus remedying forever a palpable defect in the ancient English law. In the year 1788 benefit of clergy was abolished in this State,^ and the common law was ameliorated by lessening the punishment of minor offenses. In 1796, by the act mentioned, the crimes of grand larceny, burglary, highway robbery, arson, forgery, counterfeiting, and the like became punishable by imprisonment in the State's prisons first established by this act.^ In the same year, JOHN WATTS, SB. 1 2 J. & V. , 354. 2 Preface, 1 J. & V. 5 2 J. &V.,242. 3 C. 21, Laws of 1828. i C. 30, Laws of 1796. 6 3 Greenleaf, 291, k:. 30. 624 HISTOBY OF NEW-YOEK 1796, a very important act was passed to facilitate tlie trial of crimi- nal cases, and for the better prosecution of crimes against public jus- tice. By Chapter 8 of the laws of this year the State was divided into districts, over each of which an assistant attorney-general was to be designated to conduct the ordinary prosecution of offenders. In colonial days the attorney-general alone was charged with all pubUc prosecutions. Thus originated the present system of public prosecu- tions for each county. The attorney-general ^'^^^^^^,.^4'^ %*ty^'rur- of the State is still regarded as the chief public prosecutor, although he also acts as solicitor-general in civil causes. The extent of the powers of the present office of attorney-general and his coadjutors, the district-attorneys, is somewhat vague, and claimed to be regulated by the common law.^ In the year 1799 a citizen of New-York who had lived in the provin- cial era would have detected but slight change in the jurisprudence and judicial establishment of his commonwealth. The public law had undergone a transformation in accordance with the tendencies and aspirations of the two centuries of New- York history, but the private law still bore the conservative mark which betokened its feudal and undemocratic origin. The old Court of Chancery still stood, but the executive of the State was no longer burdened with the duties of chancellor ; the judicial and executive branches of government were in process of separation, finally consummated by the abolition of the council of appointment and revision, in the next century, although, until an act of 1790, the governor retained the seals of the court in conformity to the custom of the province. In 1788 the court had been reorganized by the convention of representatives. A seal had been ordered by an act of the legislature passed March 16, 1778. In like manner the old Supreme Court of Judicature still stood in 1799 as the gi'eat common-law court, possessing also supervisory powers over all other common-law jurisdictions vested in the inferior judicatories of the State. Two terms of the court were held at Albany and two in the city of New- York. The justices of the Supreme Court still went the circuit in vacation and held nisi prius sittings in each county of the State, precisely as directed by the ordinance of Lord Bellomont, re- ported in council. May 15, 1699. From time to time acts had been passed by the assembly empowering the justices to go the circuit with- out the necessity of carrying special commissions of nisi prius and assize, as formerly. Although there are no published reports of the adjudication of this tribunal prior to the year 1794, yet we can per- ceive that the administration was of a very high order. The rapid succession of chief justices, John Jay, Richard Morris, Eobert Yates, and John Lansing, Jr., between 1777 and 1800, gave little oppor- 1 See 'brief in Henry Bergh's case, 16 Abb. P. N. S., 274-284. CONSTITUTIONAL AND LEGAL HISTOEY OP NEW-YOEK 625 tunity for distinction to any of them ; but they were all accomphshed lawyers. Some of the associate or puisne justices of this period were also very able men, among them one who afterward became the dis- tinguished chancellor, James Kent; also Morgan Lewis and Egbert Benson. As a master of special pleading, Justice Benson has been said to have been hardly surpassed by Chief Justice Saunders him- self;^ while Chancellor Kent stated that Justice Benson did more to reform the law than any other member of the court before or since.^ Benson drew the rules of this court, which were adopted April term, 1796. They are sometimes erro- neously called the first rules of the court; but they were not. Wyche refers to rules adopted in 1727, or seventy years before,^ and the rules of 1791-93 are published in " Coleman's Cases " (p. 31). The practice of the Supreme Court in the year 1799 presented but few features peculiar to itself, and was substantially that in use un- der the crown government, and, as formerly, supplemented by that of the King's Bench at Westmin- ster Hall.* Yet there were differ- ences in the several practices, which are best noticed at length in the first treatise on " The Prae- mbs. john watts, b tice of the Supreme Court of Judicature of the State of New- York," by WiUiam Wyche, who subscribed himself as "of the Honorable Law Society of Gray's Inn, London, and Citizen of the United States of America."^ After the Revolution the tendency of the judges of the Supreme Court and Chancery seems to have been to conform rather to the practice of the English courts than to that of the courts of the former province,'^ and there was very little disposition shown until the present century toward innovation on the English precedents. The slight change in the Supreme Court of New- York in the last century is perhaps weU indicated by the minutes of the court. The last ses- sion under the crown was at April term, 1776; the first under the State was at October term, 1777. Between the minutes of the ses- sions is nothing but a few blank leaves. Were it not that the first 1 Dust's "Discourse on Kent," p. 14. 2 Thompson's "History of Long Island," 2 189. 3 See his "Practice, N. T.," edition of 1794. i Dubois vs. Phillips, Ex., 5 Johns, 235. 5 Mrs. John Watts, Sr., n& Ann De Lancey. Vol. 11.-40. 6 This work was puhhshed by T. & J. Swords, 187- No. 167 William street, New -York, in the year 1794, and serves to note the points of departure at that time. 7 "Johnson's Cases,'' 30 ; 1 "Johnson's Chan- cery," 100, 117, 517, 607. 626 KESTOEY OF NEW-YOEK bull's head taveen. entry in 1777 shows that the party plaintiff was " The People of the State of New-York," and no longer "Dominus Eex," the reader would not infer that the blank leaves stood for a revolution, the most mo- mentous of all revolutions in history. If the character of the great courts of equity and law remained in the year 1799 much the same as under the crown government, the resemblance of the inferior ju- dicatories was not less marked. The courts of common pleas in the various counties, and the courts of the justices of the peace, were , __ . ., - , only survivals of a preexisting state of things that came in with the English common law. So the general sessions of the peace and the Oyer and Termi- ner, possessing criminal juris- diction, were part of the very early English institutions of New-York.^ Up to the yeai- 1799 there was little that was new here excepting the repub- lican form of government. During the period between the formation of the State government and the year 1800, the pre- ponderating influence of those who had been reared under the old form of government is very manifest ; the changes in the substan- tive law of New-York were consequently very few. The great law officer of the State was Robert E. Livingston, the chancellor, who held office until the year 1801, when John Lansing, Jr., succeeded him. Unfortunately, Chancellor Livingston's decisions have not been published, but it was said by Chancellor Jones, long afterward, "that this august tribunal (the Court of Chancery), though since covered with a halo of glory, never boasted a more prompt, more able or more faithful officer than Chancellor Livingston."^ This tribute is fully corroborated by the character of the chancellor's published opinions which were rendered while he was a member of the council of revision, and by his standing rules in chancery, which are always a specite of legislation. Chancellor Livingston's personal influence was augmented by the fact that he sat in a tri- bunal which was not new to the people of New- York. The court had been erected in 1683, before Lord Nottingham, styled "the father of English equity," had ascended the "throne of equity," as it was called by the lawyers. The chancery jurisdiction was greatly feared, and the enormous power of the New- York chancellor in the pres- 1 1 "Johnson's Cases," 180. 2 Francis's address to tlie Philo-lexian Society of Columbia College, 1831, p. 29. CONSTITUTIONAL AND LEGAL HISTORY OF NEW-YORK 627 ent century came to be an anomaly in a republic, and one bitterly assailed by the generation of democratic lawyers who came on the political scene subsequent to the year 1800, and who were not indoc- trinated with the traditions of the chancery bar or of Westminster Hall, or bred, in the offices of the ante-Eevolutionary lawyers. The downfall of the power of the chancellor of New- York forms an inter- esting page in the history of this present century, and well marks the cessation of that old school of manners and habits which survived the War of Independence. It does not belong to the present chapter. Until about 1800 the habits of thought of the lawyers here seem to have been modeled exclusively on those of the EngUsh bar, and there was very little effort to escape from the legal traditions and habits of England. While the conservatism thus engendered acted as a very desirable check on hasty legislation under a new form of government, it had its bad side in a tendency to aggrandize and perpetuate political power in the lawyer class — a tendency visible in the constitution of 1777, which this century had to undo. The constitution of 1777 provided that attorneys and counselors should be appointed by the court and licensed by the first judge, and be regulated by the rules and orders of the court (Section 27). By an act of the State legislature^ all attorneys, solicitors, and counsel of the province, who had not served in Congress or under the State government, were suspended until after an inquisition, by the free- holders of the county, as to their loyalty. If, on such inquisition, the lawyers were found loyal, they might be restored to practice by the court. In 1781 this act was further amended so as to require the attorney-general of the State to appear on such inquisitions, and de- barring all lawyers whose suspension was removed who should not take an oath of allegiance within a certain time prescribed.^ Prior to the year 1800, three years' study in the office of a practitioner was necessary to qualify an applicant for the position of attorney. Attor- neys after two years' practice could apply for a counselor's license, which was granted, upon an examination of abilities, by the court. The qualifications of the lawyer class were of extreme importance under the first constitution of New- York, and were so treated, for they might be called upon as lawyers to exercise political functions new to the history of their profession. Indeed, by a singular provision of this constitution, they were the only class in the State deemed com- petent to constitute the council of revision, which enjoyed the power of revising laws and a qualified negative on all legislation. Such an anomalous privilege did much to justify M. de Tocqueville's observa- tion (now no longer true) to the effect that the lawyer class stood in 1 C. 12, Laws of 1779. 2 C. 13, Laws of 1781 ; C. 14, Laws of 1783. 628 HISTORY OF NEW-YOEK America for the aristocracy of other countries. In New- York the chancellor and the justices of the Supreme Court, under the first State constitution, possessed more power than the judges of any- other modern political community of the world. They not only enjoyed the enormous powers and jurisdiction ^vested in the judges of the great English courts, but they sat in the final Court of Errors as well, and in addition had, practically for life, or good behavior, the old veto power on legislation inherited from the English crown. They thus, far more than any other class, succeeded to the old power of the crown over the province of New-York. Allied to the interest of the manor proprietors, the judges could, under the first constitution if they were so disposed, direct and control the entire government of the State. This fact, taken in connection with the very restricted character of the suffrage, — for only freeholders pos- sessing considerable estates could then vote for governor or sena- tors, — made the government of New- York down to the end of the eighteenth century a very unsatisfactory one, and republican lai-gely in name. That such a form of government was tolerated as late as the year 1821 was largely due to the fact that the recipients of this enormous power were men of unusual accomplishments and of a private character never excelled in the history of the American States. But in the present century even the genius of Chancellor Kent was unable to save such institutions from merited extinction. The history of their downfall belongs to the succeeding century, which has been one of profound changes in the direction of freer in- stitutions. The anomahes in the first constitution, which did not keep separate the executive, judicial, and legislative departments of govern- ment, have now been swept away. Many ancient and undemocratic institutes of the English common law have been to some extent cor- rected. The constitution of 1777, which contained no provision for its amendment, was nevertheless amended in 1801 : but all these things belong to an account of the present century. Until the year 1797 the history of the city of New- York, it being the capital, is inseparably blended with that of the entire province and State. In this year the seat of government was transferred to Albany, a city more convenient to the new settlements of the northern and western counties. Many of the new settlers were from New Eng- land, where the traditions and ideas of a landed and legal aristocracy were less tolerant than those of the stolid Anglo-Dutch natives of New- York, who had become so inured to ancient institutions that they actually suffered the authorities of the new State to dispose of OONSTITUTIONAi AND LEGAL HISTORY OF NEW-YORK 629 over five millions of acres of unpatented lauds for about one million of dollars, of whicli sum one gentleman paid less than eight pence an acre for three million six hundred and thirty-five thousand two hun- dred acres. Among the new patentees there was a disposition to per- petuate the old English custom of long farm leases, and to establish a superior house in the center of the rent- paying district. The novelist Fenimore Cooper, who was connected with the patentees by various ties, has uncon- sciously, in the romances called " Little- page Manuscripts," given us a valuable history of the movement in New -York from the point of view of the landlords, and has revealed the effort to perpet- uate the rural institutions of England. Unfortunately, his genius has so covered a gross outrage with the beauty of sen- timent as almost to conceal its iniquity. The other side of the movement, founded on the inherent right of the people to profit by the Revolution and to share in the crown lands, has never been told so well — as the right ultimately vindicated itself, and there was no need of a popular requiem. Until the close of the last century the political influence of the city of New- York was subordinated to the interests of the rural parts of the new State. The constitution of 1777 made the city no nearer self- government than before. All the city officers, originally appointed by the crown authorities, continued to be appointed by the council of ap- pointment, consisting of a small board of senators, presided over by the governor for the time being. On this board the city could only hope for one representative, and it might be, and /'"') V —.^ ^.^ / in fact was, /y/y^^^''^^^ Q>.Gn>*-Ji'V^*^ so consti- C-^V/ V\ / ^^ tuted often- ^,y^^/^ times as to ^-^r:^ ^^ deprive the city of all influence and vest the vast power in the rural counties. It is therefore obvious that under the State constitution the city gained little, and that the ap- pointing power was if anything more obnoxious under it than when exercised by a crown governor who resided in the midst of the burgh- ers, and was amenable to personal complaints. A distrust of the urban community is further expressed in the first constitution, in the 9^rii/nAJaM^ 630 HISTOEY OF NEW-YOBK provisions relative to qualifications for governor. While the freemen of the old city were qualified to vote for assemblymen, unless free- holders they could not vote for governor or for State senators; nor did the freedom of the city " qualify for these several offices of high dignity." But in the last decade of the century preceding this forces were at work which, in this century, have made the phrases of the New- York constitution of 1777 concerning the political supremacy of the people a fact rather than an idea. The history of these forces, so closely interwoven with the public and private law of the State, belongs to the history of New-York in the nineteenth century. TABLE OF DATES IN NEW- YORK HI8T0EY 1701 -March 5, Lord Bellomonfc died. October, Thomas Noell ap- pointed Mayor. 1702 -Colonel Nicholas Bayard tried for High Treason. Lord Corn- bury arrives. Philip French appointed Mayor. 1703 William Peartree appointed Mayor. Free Grammar School established under care of City Corporation. 1704 French Huguenot Church in Pine street built. 1706 The " French Scare." A Treasurer of the Province appointed. 1707 Ebenezer Wilson appointed Mayor. Two Presbyterian minis- ters arrested for preaching. 1708 A Charter relating to ferry privileges granted to the city. Lord Lovelace arrives and succeeds as Governor. Begin- ning of German immigration. 1709 Death of Lord Lovelace, and a Canadian campaign undertaken by Colonels Nicholson and Vetch. 1710 Jacobus Van Cortlandt appointed Mayor. Governor Robert Hunter arrives with three thousand Palatines. 1711 Caleb Heathcote appointed Mayor. Slave-market established at the foot of Wall street. 1712 Census of New- York taken— 4848 whites, 970 blacks. First Negro Insurrection. 1714 John Johnston appointed Mayor. 1719 Presbyterian Church in Wall street built. Governor Hunter returns to England. 1720 William Burnet, Governor, arrives. Eobert Walters appointed Mayor. 1722 Water street ordered to be laid out on East River front. 1725 Johannes Jansen appointed Mayor. " The New- York Gazette" begun by William Bradford. 1726 Robert Lurting appointed Mayor. 1728 Governor Burnet transferred to Massachusetts, and succeeded by Colonel John Montgomerie. 1729 The City Library founded. Greenwich and Washington streets surveyed. 632 HISTORY OF NBW-YOEK 1730 First smelting-furnace in the United States built in New- York. 1731 A new Charter granted to the city. Smallpox prevails. July 1, Grovernor Montgomerie dies, and President of Council, Eip Van Dam, assumes the government. New Dutch Church on Nassau street completed. 1732 Grovernor William Cosby arrives. First stage line between New- York and Boston, running once a month. 1734 First City Poorhouse buUt. 1735 Paul Eichard appointed Mayor. The Zenger Trial. 1736 Governor Cosby dies, and is succeeded by Lieutenant-Gov- ernor George Clarke. 1739 John Cruger, Sr., appointed Mayor. 1741 The Negro Plot, and many executions of the accused. 1743 Admiral George Clinton becomes Governor. 1744 Stephen Bayard appointed Mayor. 1747 Edward Holland appointed Mayor. James De Lancey commis- sioned Lieutenant-Governor. 1752 The Royal Exchange in Broad street built. St. George's Chapel erected in Beekman street. 1753 Sir Danvers Osborn becomes Governor ; commits suicide. 1754 The Society Library founded. The Walton House built. The " Plan of Union " adopted at Albany, New- York. 1755 Sir Charles Hardy, Governor. Beginning of the French and Indian War. 1756 Corner-stone laid of Columbia College building. 1757 Governor Hardy accepts a naval command, and James De Lancey assumes the government. John Cruger, Jr., ap- pointed Mayor. 1760 De Lancey dies, and Dr. Cadwallader Colden becomes Lieu- tenant-Governor. Canada finally conquered by England. 1761 General Robert Monckton appointed Governor. 1762 Public street-lamps provided. John Street Theater opened. 1763 Lighthouse at Sandy Hook. Close of French and Indian War. 1764 New- York Assembly's Address : " Taxation only by Consent." 1765 Sir Henry Moore appointed Governor. The " Stamp Act " passed in Parliament. The " Stamp Act Congress" meets in New- York. First Non-Importation Agreement. St. Paul's Church built. 1766 Whitehead Hicks appointed Mayor. Repeal of the Stamp Act. 1768 Chamber of Commerce founded. Brick Presbyterian Church built opposite the Common. 1769 Second Non-Importation Agreement signed. North Dutch Church built on Fulton street. Sir Henry Moore dies, in September. TABLE OP DATES IN NEW-YOBK HISTORY 633 1770-Jainaary, conflict between citizens and troops on Golden Hill, antedating the "Boston Massacre." Earl of Dunmore be- comes Governor. Non-Importation Agreement abandoned by New-York, because of defection elsewhere. Statues of George III. and William Pitt arrive. 1771 Lord Dunmore transferred to Virginia, and William Tryon be- comes Governor. 1773 -December, a fire in the fort destroys the Governor's Mansion. The " Boston Tea-party." 1774 -April, tea-ships refused admittance at New- York. September 5, first Colonial Congress. 1775 -April 23, the news from Lexington reaches this city. June 4, exploit of Marinus Willett in preventing the removal of arms. October, Governor Tryon removes his family and effects on board a man-of-war. 1776 First system of city water-works constructed. February 4, General Charles Lee enters New- York with Connecticut troops ; General Sir Henry Clinton arrives off Sandy Hook. April 14, General Washington arrives in New- York. July 9, the Declaration of Independence published to the troops and (on the 18th) to the citizens. August 26-29, the Campaign and Battle of Long Island. September 15, the British occupy the city ; (on the 21st) a fire destroys a large portion of the city; (on the 29th) David Matthews appointed Mayor. November 16, Fort Washington taken by the enemy. 1777 New- York adopts a State Constitution. The flag of the United States determined on. 1778 Lord North sends Commissioners with proposals of peace. August 3, a second destructive fire. 1780 Attempt to capture General Arnold. 1781 -October, restoration of City Records carried off by Governor Tryon in 1775. 1783-November 25, evacuation of the city by the British, and en- trance of the American Army. December 4, Washington's farewell to his officers at Fraunces' Tavern. A carefully prepared index to the complete -work will appear in the fourth volume. END OP VOLUME II. PUBLISHERS' ANNOUNCEMENT OF The Memorial Histoey oe the City oe New-Yoek, From the earliest settlements on Manhattan Island to the year 1892, the f onr-hnndredth anniversary of the discovery of America by Columbus, edited by Gren. James Grant Wilson, assisted on the cooperative plan by a corps of able writers who prepare chapters on periods or de- partments in the history and life of the city to which they have given special study. To be illustrated by portraits and autographs of prominent personages, also by fac-similes of important and rare documents, and by maps, views of historic scenes, houses, tombs, etc., executed in the handsomest manner, and numbering more than one thousand, including several hundred vignettes by Jacques Eeich, the accomplished artist who has contributed portraits to General Wilson's "Cyclopaedia of American Biography" and other important works. No time seems more appropriate than the present for placing be- fore the public a work like this, which shall utilize the abundant original material bearing on the history of the metropolis that has come to Ught since the last important history of the city was pub- lished, and which shall combine the united researches of several writers in their chosen and lifelong fields of inquiry. It is for this reason that the publishers do not hesitate to commend the present work to the scholar and to the general reader alike as a trustworthy som^e for the latest and most accurate historical information. The Memorial History of the City of New- York will be completed in f om- volumes, royal octavo, of above 600 pages each. The first volume was pubhshed in 1891; the second volume will appear in July, 1892, and the other two volumes semi-annually thereafter, or sooner, the entire work to be completed in the spring of 1893. Volume I Embraces the events falling within the seventeenth century, begin- ning with the discovery and the earliest colonization. Volume II Covers tlie events of the eighteentli century down to tlie year 1783, thus including the momentous period of the Revolution, during the whole course of which the position of our metropolis was a unique and trying one. This has been fully set forth by the writer on this period, and has also been most copiously illustrated. Volume III WiU take up the history of the city when it became a part of a free Republic, and wiU further treat of the nineteenth century, bringing the account down to our own times, and telling the story of the city's marvelous progress and rapid growth until it has reached the mag- nificent metropolitan proportions of this memorial year of 1892. Volume IV Will contain exlaaustive monographs and interesting accounts of special departments, such as Churches, Arts and Sciences, Museums, Hospitals and other Charities, Commercial and Literary Associations and Societies, Libraries, Seats of Learning, Clubs, Theaters, Markets, and Inns, Music, Newspapers, Currency, Central Park, Governor's Island, Brooklyn, Staten Island, and other suburbs, Statues and Monuments, the Military, Navy-yard, Shipping, Yachts, and an ex- tended article by the Editor on the Authors of New- York, illustrated with about thirty beautiful vignette portraits. THE NEW-YORK HISTORY COMPANY, 132 Nassau Street, New- York. New-York Teibtjne, April 24, 1892. GENERAL WILSON'S MEMORIAL HISTORY. THE MEMORIAL HISTORY OF THE CITY OF NEW- YORK, FROM ITS FIRST SETTLEMENT TO THE YEAR 1892. Edited by James Grant Wilson. With maps, plans, and illustrations. Volume I. Large 8vo, pp. xxiv-605. New- York History Company. The first volume of the Memorial History of New- York, edited by General James Grant Wilson, aided by a large corps of distinguished writers, fully justifies the claim that it is to be an exhaustive work, and in aU respects worthy the importance of its subject. No pains or expense have been spared in the preparation of this book. It is printed on heavy laid paper, in large type, and is illustrated "with fine f uU-page steel- engravings, hundreds of woodcuts in the text, and a large number of fac-similes, maps, and plans. Many of these fac-simUes, and many also of the historical docu- ments which appear in the work, are now pubhshed for the first time. The archives of HoUand have been ransacked to furnish new material for the history of the Dutch occupation, and many interesting and important facts have been ascertained through search among the family papers which have been preserved for generations by the descendants of distinguished early colonists, both Dutch and Enghsh. At such a distance in time, and after so many laborious inquests as have been made into the beginnings of New-York, it might be thought that the last word must have been said on every really important event and question. But this is not the case. The researches of General Wilson and his contributors have resulted in the discovery of much new evidence materially affecting the conclusions to be drawn in several matters of consequence, so that an element of novelty enters into this history which differentiates it from all its predecessors. The work opens, as such a work should do, with a review of the explorations of the North American coast previous to the voyage of Henry Hudson. Here are presented sketches of the Northmen's voy- ages (the writer being a behever in the story of " Vinland the Good"), the voyages of the Welsh, of the Zeno brothers, Sebastian Cabot, Ayllon and the Spaniards, Verra- zano, Gomez — from whose time (1525) the situation of the Bay of New-York was known — closing with an examination of the question whether the Dutch were on Manhattan Island in 1598. Whether they were or not is not indeed vital, nor does it seriously interfere with the claim of Henry Hudson as a discoverer. In all such cases a period of recoimoissance precedes the period of practical and fruitful work. It is GENERAL WILSON'S MEMOEIAL HISTOEY credible that the Bay of New- York was entered by a score of navigators before the keel of the Half Moon furrowed its waters. But all these early explorers were look- ing for a passage to Cathay, and had no eyes for anything else. Hudson's voyage was the first to have effects of historical significance, for it was followed almost immedi- ately by trade and settlement. The second chapter of the Memorial History treats of the native inhabitants of Man- hattan and its Indian antiquities. It contains an interesting disquisition upon the iden- tity of the so-called Manhattan Indians and the origin and meaning of the name Man- hattan. In the third chapter the antecedents of New Netherland and the Dutch West India Company are carefully and thoroughly discussed, with correlated subjects having a direct or indirect bearing upon the Dutch occupation. The account of the strange vicissitudes of the Dutch West India Company is but another illustration of the " sic vos non vobis " tendency of human affairs ; of the manner in which the crops sown by one hand are so often gathered by another. This tendency in fact appears again and again in the history of New- York, and more than once it has been helped by what can only be characterized as deliberate disregard of equity on the part of the stronger dis- putant. The present historian exhibits a perhaps not unnatural satisfaction in the circumstance that the Puritans of Massachusetts, though preeminent sticklers for in- tegrity and just dealing, were far less scrupulous than the comparatively unregenerate people of New- York in their land transactions with the natives, and in their general treatment of the latter. In truth, it must be said that the Pilgrim Fathers were as worldly as their neighbors when it came to questions of the kind, and that none were more eager to acquire possession of land in particular. The editor contributes the chapters on Henry Hudson's voyage and its results in trade and colonization, and on Peter Minuit and Walter Van TwiUer, who ruled New- Netherland from 1626 to 1637. In beginning the direct history of the Dutch occupa- tion, he pays a tribute to Irving in observing that since Diedrich Knickerbocker's veracious history appeared it has been difficult to treat this period with the proper seriousness. The comic view of the Dutch colony and its rulers has been so deeply implanted by Irving's genius that, whoever thinks of them, insensibly recalls the Knickerbocker account; and one result of this is to do injustice to those honest Dutch- men, who really were not the bibulous, indolent, tobacco-stupefied boors they have been caricatured as. General Wilson's sense of justice leads him to vindicate the people of New Netherland by impressing upon the reader that they were part and parcel of that Dutch nation which was then renowned throughout the world for its industry, its enterprise, its inventiveness, and its magnificent gallantry. The Dutch, he asserts, were the Yankees of the sixteenth century, and the English of that age were far behind them in material progress. Yet, while aU this may be admitted, the fact remains that in the administration of their colonial affairs the New Netherland people do not appear to have manifested much energy or foresight. Take the case of the Fort, which they could not be persuaded either to finish or to keep up. Yet it must have been clear to most of them that their security, that even their tenure of Manhattan Island, might and quite probably would depend upon their abUity to defend themselves. A chapter is given to the administration .of William Kieft, and another to that of Peter Stuyvesant, who has, perhaps, suffered more than any of his compatriots from Washington Irving's humorous travesty. Stuyvesant was a strong and honest gov- ernor, choleric, no doubt, but conscientious, a hard worker, and one who did much to improve New- York. When the time came for the surrender of his charge, he was tempted to make a fight, but more prudent counsels prevailed, and the transfer to Enghsh rule was effected without trouble of any kind. When New Amsterdam had become New- York, and Eiohard NicoUs was the first English governor, there was a period of quiet and steady progress, and an incident during this period HISTOEY OP NEW-YOEK shows that infant New- York was in at least one respect more advanced than her neighbor Massachusetts. There was a trial on a charge of witchcraft, and the accused was acquitted. It can hardly be believed that the same result would have occurred in Boston at the time. In liberality of sentiment, especially regarding religion, New- York was notably advanced, both under Dutch and English rule, and many victims of New England bigotry found shelter and welcome on the island of Manhattan. The Memorial History account of the admuiistration of Sir Edmund Andros (1674^ 1682) presents that governor in a far better light than he occupies in most of the earlier histories. In his measures for the health and order of New-York, and his arrangements for dealing with the Indians, he was in advance of his age. He was also prepared to give the people of New-York representative institutions — which, however, the king refused to allow. Respectiag the charges of tyranny and oppres- sion preferred against Andros, the history says : " The charges of tyranny which the Dutch and the dishonest English traders whose peculations he had exposed and cir- cumvented zealously circulated, even to the foot of the throne itself, will not compare either for harshness or intolerance with the acts of persecution previously practised by Director Stuyvesant against the Quakers and members of the Church of England both upon Manhattan and Long Islands ; and yet, from the peculiar position in which Andros was placed, the least mahgnant of the epithets bestowed upon him was, most unjustly, that of 'the arbitrary and sycophantic tool of a despotic King'! The admin- istration of Governor Andros, moreover, forms not only a distinct but a memorable epoch in the colonial history of the city of New-York. It is true that he failed in his efforts to place the currency of the colony on a healthier basis than it was under Dutch rule, but in nearly every other measure of reform he was entirely successful. He effected a complete reorganization of the militia ; repaired the fort, and strengthened the defenses of the harbor ; increased the trade of the province ; beautified the city j largely augmented the revenue from the excise ; and by a personal supervision of municipal affairs and an untiring industry gave such a tone to the political and social condition of the people that its effects were apparent for fuUy a century after the period of his incumbency." That is certainly high praise ; and, moreover, it appears to be deserved. But Gover- nor Andros was not the only early niler of New-York who has suffered from harsh and prejudiced judgment. One of the most interesting chapters in the present vol- ume is that on the period of the Leisler troubles (1688-1692). The view taken by the editor and his contributor is strongly favorable to Jacob Leisler, whose tragic fate was caused by the spirit of faction and class hatred. It has been common to represent him as a mere demagogue at the head of a mutinous rabble, and as such his enemies at the time undoubtedly regarded him. But the circumstances were most unfavorable to cool observation. The revolution which drove the last Stuart from the English throne had left the colonists in North America uncertain as to where authority lay. Boston was the first to revolt from the Stuart rule, to recognize William, and to over- throw the local government representing James. New-York followed more cautiously. There the James government desired to hold on, but the people would not have it so ; and the train-bands, or militia, practically settled the matter by marching to the Fort, demanding the keys, and resolving that^ the government should alternate among the militia, captains, each of whom should be supreme during his term of duty. Jacob Leisler was the senior captain, and so naturally came into this arrangement; and when, later, William's cautious, not to say ambiguous, letter arrived, its tenor certainly warranted the choice of Leisler as lieutenant-governor. Had the new governor, Sloughter, reached New- York at the same time as Major Ingoldesby, there would have been no question of authority raised. But when Ingold- esby arrived first, and without credentials demanded the instant surrender of the Port, Leisler was justified in refusing to comply with the demand. What led to the unjust GENEEAL WILSON'S MEMOBIAIi HISTORY trial, and the still more unjust execution, of Leisler was tlie fury of the James govern- ment of New-York, which had been chafing for months over the disappointment of its hopes and expectations, and which found ui the new governor a weak and pliable instrument of vengeance. The reversal of the colonial proceedings in this case by the English parliament, after a full and dispassionate investigation, should have put an end to aU controversy in the premises, it might be thought ; but the Leisler party was far less influential than the anti-Leislerites, and thus it happened that the memory of this victim of faction has never been completely cleared from the false imputation of demagogism. The elaborate presentation of the case in the Memorial History ought to determine it finally ; for no unprejudiced person can read this statement without becoming convinced that Jacob Leisler died the death of a martyr. Benjamin Fletcher appears here as a good governor, contrary to many previous opinions ; but the editor never forgets that the early New-Yorkers were a turbulent, factious, censorious, and insubordinate folk, and that consequently it is necessary to receive their accounts of their rulers with a good deal of allowance. The old Dutch element was disposed to quarrel with every English governor, and the Dutch, English, and French merchants regarded and treated as enemies and oppressors aU who would not let them do as they pleased, without any restriction, in matters of trade and taxa- tion. It was in Fletcher's administration that the rise of piracy occurred, to make New- York picturesque, to fill the pockets of scores of her merchants, and to do no good to her morals. We see here the first act in the drama of Captain Kidd, " as he sailed," and Lord Bellomont, so mysteriously associated with the man who went out to suppress piracy by becoming a pirate himself. Fletcher seems really to have been innocent, but Bellomont, whose own innocence is disputed, persecuted him, and, being able to pack the Board of Investigation, succeeded in ruining his antagonist, who forthwith disappears from history. The two concluding chapters of this volume are occupied with the constitutional and legal history of New- York in the seventeenth century, and with an account of printing in New- York during the same period. The first-named chapter is an erudite judicial treatise which leaves httle or nothing to be said on the subjects treated. The chapter on printing in the seventeenth century in New- York is illustrated by quite a profusion of fac-simUes, mostly examples from the press of William Bradford, who held the post of royal printer in the city for upward of half a century. We have omitted to mention ia its proper order the administration of Thomas Dongan, one of the most useful and beneficent in the line of royal gover- norships, and which is here illustrated by the fuU text of the charter granted to New- York by Dongan, together with fac-simile specimens of the original document. The steel-engravings, which include portraits and scenes, are very good, and so are the woodcuts in the text, and the examples of old printing, book-titles, etc. In short, the Memorial History has been written and made mechanically in the most careful and thorough manner, and the first of its four volumes gives conclusive evidence that it is to be a monumental work, and standard.