111 3 1924 079 618 595 All books are subject to recall after two weeks Olin/Kroch Library DATE DUE wVISSB MJ& ■ 1 GAYLORO PRINTED IN U.S.A 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/cu31924079618595 Production Note Cornell University Library produced this volume to preserve the informational content of the deteriorated original. The best available copy of the original has been used to create this digital copy. It was scanned bitonally at 600 dots per inch resolution and compressed prior to storage using ITU Group 4 compression. Conversion of this material to digital files was supported by the Andrew W. Mellon Foundation. Digital file copyright by Cornell University Library 1995. This volume has been scanned as part of The Making of America Project, a cooperative endeavor undertaken to preserve and enhance access to historical material from the nineteenth century. lit The digitanatrwere used to create Cornell's repkcement volume on paper that meets ANSIStandor(iZ39.48-1992. HISTORY STATE OF NEW YORK. FOB THE nSB OF COMMON SCHOOLS, ACADEMIES, NORMAL AND HIGH SCHOOLS, AND OTHER SEMINABIES OF INSIBUCIION. S. S. EANDALL, ■UPBUNUNsiuiT or pvBuo soaoou OF THi omr or nw tobk. NEW YORK: J. B, FORD AND COMPANY. 1871. Kotered •eeoidlng to Act of Congreu, Id the year 1869, hj J. B. FORD AND COMPANY, in the Clerk'B Office of the Siatrict Comt fbr the Soathem District of New York. University Press: Welch, Bigelow, & Co, Cambrioge. PKEFACE. So far as I am aware, the compilation now presented to the public is the first attempt at providing for our elementary and higher institutions of learning a separate History of the State of New York. Many of the most important events in that history are, it is true, contained in the current school histories of the United States ; necessarily, however, greatly abridged and condensed. It has seemed to me, and to others interested in the work of popular education, that some attempt should be made to supply this deficiency by presenting within a convenient compass the prominent outlines of those interesting details which have rendered our own " Empire State " so conspicuous in the history of the great American BepubUc. In the execution of the work it has, of coiuse, been found necessary to draw very largely upon the materials furnished by the earher and later annalists of the State and nation; and I take especial pleasure in acknowledging the obligations I have been under to my esteemed Mend, Maby L. Booth, whose " History of the City of New York," as condensed fi-om the most reliable sources, embodies the principal events of that of the State up to the period of the Revolutionary War. I have also been greatly indebted to Judge Hammond's " Political His- tory " of the State for a clear and lucid detail of the successive administrations of the government from its origin to the ter- mination of that of Governor Weight. From that period to the close of the present year I have carefully consulted the iy PREFACE. various Public Documents of the State, and the contemporary annals of the public press. To my respected friend, Henbt B. Dawson, the weU-known author of the " Battles of the American Republic," I am under special obligations for the ac- curate details of the military and naval contests which have shed so brilliant a lustre upon our history as a State. The Appendix will be found to contain the Constitution of the State as amended by the Convention of 1867 - 68 ; a statis- tical account of the population according to the census of 1835, and the several subsequent enumerations down to 1870 ; lists of the respective Crovemors from 1624 to the present time, and Lieutenant-Governors and Speakers of the Assembly from the period of the adoption of the first State Constitution ; and lists of Railroads and Canals in the State, their extent, and the cost of their construction and maintenance. In the confident hope that the work may be found worthy of adoption in our common schools, academies, and other semi- naries of learning throughout the State, I respectfully commend it to the &vorable regard of the great body of teachers, school officers, and other friends of education, within its borders. S. S. RANDALL. Kew Toee, January, 1870. TABLE OF CONTENTS. INTRODUCTION. Pagx Pbtbical Fbatubbs of thb Siatb. — FiTBLic WoBKS. — Gbol- OQT. — CLI1U.TE, ETC 7-9 FIRST PERIOD. IKDIAN OCCUPANCT. The Algonqnins or Delawares. — Mohegans. — Manhattans. — The Five Nations. — Character and Objects of the Confederacy. — Chiefs, Sachems, and Orators. — The Tortoise, Bear, and Wolf Tribes. — Founders of the Confederacy. — Traditions. — Strawberry of the Great Spirit. — Conquests of the Iroquois. — Accession of the Tus- caroras — Fidelity to the English. — Compaiative Nombers . .10-13 SECOND PERIOD. DISCOVERIES AND SETTLEMENTS. — THE DUTCH GOVERNMENTS. CHAPTER L John de Verrazzano. — Samuel Champlain. — Heniy Hudson. — His Employment by the Dutch East India Company. — Entrance into New York Bay. — Intercourse with the Indians. — Discovery of the River. — Voyage tip the Hudson to Albany. — Return to Europe. — His Death. — Fur-Trade Expeditions from Holland. — Adrien Block. — Foundation of New York City. — Explorations and Discoveries. — New Charter. — Association of Merchants. — United New Nether- lands Company. — Indian Council at Tawasentha. — Treaty of Al- liance. — Progress of the Fur-Trade. — English Claims. — Charter to Ferdinando Gorges and his Associates. — West India Company. — Colonization of New Netherlands. — Comelissen Jacobsen May. — Settlements on Manhattan and Long Island and Fort Orange. — Wil- liam Verhnlst 14-19 CHAPTER II. — Aduinistsatxon of Peteb Minuit. Purchase and Settlement of Manhattan Island. — Friendly Relations with English Colonists. — Chiuxsh Organization. — Murder of a Westches- ter Indian. — Grants of Territory to Patroons and other Settlers. — Introduction of Slavery. — The Kensselaerwyck Patroons. — Progress of Manhattan Colony. — Controversy with Patroons. — English Claims. — Recall of Minuit. — Swedish Settlement on the Delaware. —Death of Minnit 19-22 yj CONTENTS. CHAPTER m. — Abministeatiok op Woutee Van Twillee. His Character. — Controversy with Dominie Bogardus. — Adam Koe- landsen, the First Teacher. — Rebuilding of the Fort. — Erection of a Church. — Jacob Eelltins's Visit to Manhattan. — Defiance of the Governor's Authority. — Proceedings of Van TwiUer — Difficulties ■with the English Colonies on the Connecticut. — Invasion and Re- conquest of Fort Nassau. — Rapacity and Wealth of Van Twiller. — Controversy with Van Dincklagen. — Recall of Van Twiller. — Pur- chase of Pavonia 22-24 CHAPTER IV. — Administratioh op Wilhelm Kiefi. Difficulties with the Swedish Colonies. — New Charter of Privileges. — Settlements on Long Island. — Indian Hostilities. — Attack upon the Raritan, Westchester, and Mohawk Indians. — Indian Massacre at Pavonia. — Terrible Retaliation. — Murder of Anne Hutchinson. — Massacre of Long Island and Connecticut Indians. — Treaty of Peace 2B-81 CHAPTER V. — Administbation op Peteb Stutvbsant. Bepresentative Council. — Treatment of the Indians. — Adjustment of Boundaries between the Dutch and English Governments. — Man- hattan and Brooklyn Governments. — English Intrigues. — Recon- quest of Swedish Forts on the Delaware. — Renewal of Indian Hos- tilities. — Patent to the Duke of York. — Surrender of the Colony to the English. — Death of Governor Stuyresant 82-36 THIRD PERIOD. ENGLISH GOVERNMENT. CHAPTER I. — Administrations op Gotbbnobs Niooli.8, Lovelace, and Andeob. New City Charter. — Arbitrary Measures of Lovelace. — Beoonqnest by the Dutch. — Restoration to the English. — Proceedings against Lovelace and Manning. — Arbitrary Conduct of Andros — His recall 37-40 CHAPTER n. — Administbation op Thomas Donqan. Representative Assembly. — Charter of Liberties. — Arbitrary Meas- ures of James II. — Alliance and Conquests of the Iroquois. — Coun- cil at Albany. — Invasion of the French. — De la Barre. — Denon- ville. — Lambert. — Retreat of the French. — Recall of Governor Dongan. — Abdication of James U. — Organization of Parties. — Ja- cob Leisler 41-46 CHAPTER III. — Administrations op Jacob Leisler and Govebnobs Slouqhter and Elbtcheb. Committee of Safety. — The Battery. — Burning of Schenectady. — ■* Naval Expedition against Quebec and Montreal. — Arrival of In- goldsby and Governor Sloughter Refusal of Leisler to surrender CONTENTS. vii the Government. — Arrest and Execntion of Leisler and MUbome. — Treaties with the Iroqnois. — Governor Fletcher. — Bradford's Print- ing-Press. — Chnrch Controversy. — Trinity Chnrch. — Invasion of Frontenac. — Piratical Depredations 46-49 CHAPTER IV. — AsMINISTBATIONB OF THE EaBL OF BeLLA- MONT, LOEDS COBNBUBT ASD LOVEUICE, AND LlEUTEMANT- GOVEBNOB InGOLDSBT. Captain WiUiam Kidd Honors to Leisler and Milbome. — Trial and Conviction of Bayard. — Lord Combury. — Establishment of a Grammar-School. — Lord Lovelace. — Qneen Anne's War. — Expe- ditions against Canada 49-62 chapter v. — ashikibtbationb of kobebt humtkb, William Busnbt, and John Montgomebie. German Immigrants. — Lewis Morris. — Failnre of the Canadian Ex- peditions. — Governor Hunter and the Assembly. — Court of Chan- cery. — Chief-Justice Morris. — Peter Schuyler. — Governor Burnet — His Counsellors. — French Missionaries and Traders. — Conven- tion at Albany. — Opposition of the Assembly. — New York Gazette. — Governor Montgomerie 62-66 CHAPTER TL — Administbation of Goveenob Cosbt. Contest with Bip Van Dam. — Arbitrary Measures of Cosby. — Trial and Acquittal of John Peter Zenger on an Indictment for Libel. — Popular Triumph. — Andrew Hamilton. — Sons of Liberty . . 66-69 CHAPTER Vn. — Adminibtbations of Geobge Clabke, Adhibal Clinton, Sib Danvebs Obbobne, and Sib Chables Habdt. Dissolution of the Assembly. — Disfranchisement of Jews. — Slavery in New York. — The Negro Plot. — Beign of Terror. — Number of Victims. — Dissensions with the Assembly. — Popular Discontent. — Suicide of Governor Osborne. — Lieutenant-Governor De LanCey. — Changed Position of Parties. — Sir Charles Hardy . . . . 68-«3 POTTRTH PERIOD. IBENCH AND INDUN WAB. CHAPTER I. — Adminibtbation of Libutenant-Gotebnoe De Lancet. French Incursions. — Washington's Mission to St. Pierre. — Fort du Quesne. — Surrender of Fort Necessity. — Treaties with the Iroquois. Convention at Albany. — Franklin's Plan of Confederation. — Events of 1755. — General Johnson's Campaign. — Fort Edward. — Lake George. — Bepulse of Dieskau. — Fort WiUIam Henry. — Shir- ley's Expedition against Niagara. — Campaign of 1756. — Attack upon Oswego. — Death of Colonel Mercer. — Quartering of Troops in New York fl*-69 viii CONTENTS. CHAPTER n. Campaign of 1767. — Siege of Fort William Henry. — Treachery of Webb. — Snrrender of the Fort and Massacre of the Garrison by the Indians. — Campaign of 1768. — Attack upon Fort Ticonderoga. — Death of Lord Howe. — Betreat of the English. — Fort Frontenac. — Capture of Forts Dn Qnesne, Ticonderoga, Crown Point, and Ki- agara. — Siege and Capture of Qnebec. — Death of Wolfe and Mont- calm. — Capture of Montreal. — Naval Warfare Treaty of Peace. — Death of Lieutenant-Governor De Lancey. — Administration of Cadwallader Colden and Bobert Monckton. — Independence of the Judiciary 70-76 FIFTH PEEIOD. THE REVOLUTIONARY WAR. CHAPTER I. Relation between the Colonies and England. — Restrictions upon Com- merce and Navigation. — Sacrifices of the Colonies. — Demands of the Crown. — Passage of the Stamp Act — Its reception in the Colonies. — Proceedings at New York. — First Colonial Congress. — Decla- ration of Rights. — Arrival of the Stamps. — Proceedings of the Sons of Liberty. — Attack on the Fort. — Non-Intercourse Agreement. — Articles of Confederation proposed. — Arrival of Sir Henry Moore as Governor. — Proceedings of the Assembly. — Repeal of the Stamp Act — Patriotic Celebrations. — Erection of the Liberty Pole . 76-82 CHAPTER n. Controversies between the Governor and Assembly. — Disturbances be- tween the Soldiers and Citizens. — The Liberty Pole. — Legislative Powers of the Assembly suspended. — Tax on Tea. — Indignation of the Colonies. — The Sons of Liberty. — Proceedings of the Assem- bly. — Renewal of Non-Importation Agreement. — Death of Governor Moore. — Lieutenant-Governor Colden. — Public Meetings. — Issue of Colonial Bills of Credit. — Arrest of John Lamb and Imprisonment of McDougall 82-86 CHAPTER m. Attacks upon the Liberty Pole. — Riotous Proceedings of the Soldiers. — Excitement of the Citizens. — Public Meeting. — Sons of Lib- erty. — Battle of Golden Hill. — Governor Colden^s Despatches. — Hampden Hall. — Successful defence of the Liberty Pole. — Viola- tion of Non-Importation Agreement. — Proceedings of the Sons of Liberty. — Lord Dunmore. — Proceedings against McDougall . 86-91 CHAPTER IV. — Admin iSTEATiONS of Goyeknoeb Teton juid Colden. ^ Shipments of Tea — Spirited Proceedings of the Sons of Liberty. New York " Tea Party." — Vigilance Committee. — Public Meeting CONTENTS. ix. of Citizens. — Non-Importation Leagae. — Second Colonial Congress. — Proceedings of tlie Assembly. — First and Second Provincial Congress. — First Continental Congress Arrival of the Asia — Disturbances in ilie City. — Sons of Liberty. — Provisional Gov- ernment. — Patriotic Demonstrations. — Capture of Ammunition at Turtle Bay — General Wooster encamps at Harlem. — Embarkation of Boyal Troops. — Eeoapture of Arms by the Citizens . . .91-97 CHAPTER v. — EVBNTS op 1775. Capture of Ticonderoga and Crown Point. — Organization of New York Regiments. — Removal of the Guns on the Battery. — Cannonade of the City by the Asia — Demand for Satisfaction. — Abdication of Governor Tryon. — Demolition of Rivington's Press. — Invasion of Canada. — Siege and Capture of St. John's. — Disastrous Expedition of Allen. — Siege of Quebec. — Death of Montgomery and Defeat of Moi^gan and Arnold. — Retreat of American Troops . . 97 - 102 CHAPTER VI. — Everts of 1776. Investment of New York by Howe and Clinton. — Preparations for De- fence. — Declaration of Independence. — Proceedings of Provincial Congress at White Plains. — Battle of Long Island. — Retreat of Washington to New York and Harlem Heights. — Arrest and Exe- cution of Nathan Hale as a Spy. — Landing of Howe at Kip's Bay. — Evacuation of the City. — Skirmish at Harlem. — Retreat to White Plains. — Battle of White Plains. — Captures of Forts Washington and Lee. — Retreat through New Jersey. — Naval Combat on Lake Champlam 103-110 CHAPTER VII. — Admiwistkation op Gotebnob Geokoe Clin- ton. — Events op 1777. — First State Constitution. Occupation of the City of New York by the British. — The Neutral Ground. — Cow-Boys and Skinners. — The Provincial Congress. — Committee of Safety. — Destruction of Military Stores at Peekskill. — Attack on Sag Harbor. — Constitutional Convention. — Election of Governor and Staff Officers. — Congressional Delegates. — Barbarous Treatment of Prisoners. — The Sugar-House. — Provost Jail and Jersey Prison-Ships. — Attack on Ticonderoga. — Retreat of Schuy- ler and St. Clair. — Murder of Jane McCrea. — Kosciusko. — At- tack upon Fort Schuyler. — Battle of Oriskany. — Indian Ambus- cade 110 116 CHAPTER Vm. — Events op 1777.— Bcbgotne's Campaign. First and Second Battles of Stillwater. — Battle at Bemis's Heights. — Dissension between Gates and Arnold. — Retreat of Burgoyne to Saratoga. — His Surrender. — Its Effects. — Capture of Forts Clinton, Montgomery, and Constitution by the British. — Burning of Kings- ton 116-121 CHAPTER IX. — Events of 1778 and 1779. Indian and T6ry Atrocities. — Destruction of CobleskUl. — Massacre at X CONTENTS. Cherry Valley. — Capture and Beoaptnre of Stony Point and Ver- planck's Point. — Surprise of British at Panlus Hool^ — Attack upon Mioisink by Brant. — Sullivan and Clinton's Expedition against the Indians. — Destruction of their Villages and Crops . . . 122 - 128 CHAPTER X.— Events of 1780, 1781. — Tbbasok of Bbhedict Abnols. His Occupation of West Point. — Correspondence with Andr^. — Ar- rangements for an Interview. — Arrival of Washington smd Lafayette. — Interview between Arnold and Andr^. — Retreat and Capture of Andr^ at Tarrytown. — Washington's Discovery of the Treason. — Flight of Arnold. — Conduct of Andr^. — His Trial, Conviction, and Sentence. — Efforts for the Capture of Arnold. — His Subsequent Career. — Execution of Major Andr^. — General Sympathy for his Fate. — Close of the War. — General Rejoicings Treaty of Peace. — Disbandment of the Army. — Evacuation of New York. — Parting of Washington with his Officers. — His Resignation and Retirement toMountVemon 12S-13S SIXTH PEEIOD. THE STATE GOVERNMENT. CHAPTER I.— Administsation op Governoe Geoboe Cukton. Position of Affairs at the Close of the War. — Articles of Confederation. — Propositions for their Modification State Jealousies. — Position of New York. — Proceedings of the Legislature. — Congress. — Na- tional Convention at Philadelphia. — Delegates from New York. — Their Instructions. — State of Parties in the Convention. — Forma- tion of the Constitution. — Its Submission to the States. — Organize^ tion of Parties. — "The Federalist" — Views and Arguments of the Respective Parties. — State Convention at Poughkeepsie.— Ratifica- tion of the Constitution. — Choice of Presidential Electors and Repre- sentatives in Congress 137 - 144 CHAPTER II. — Administeation of GtOVErnoe Geoege Clinton. First Meeting of Congress at New York. — Organization of the National Government. — Arrival of the President and Vice-President. — Tri- umphal Progress of Washington. — The Inauguration. — Re-election of Governor Clinton. — Hamilton's Plan for the Assumption of the Public Debt. — Appointment of United States Senators. — Removal of the Capital to Philadelphia. — Meeting of the Legislature. — Popu- lation of the State. — Internal Improvements. — Public Lands. — Western and Northern Inland Lock Navigation Companies. — Presi- dential Electors. — Third Election of Governor Clinton. — Citizen Genet 144- IBO CHAPTER in. — ASHINISTBATIONS OF GOVEBNOEB GeOBGE Clinton and John Jay. Meeting of the Legislature. — Governor's- Message. — Foundation of the Common-School System. — United States Senators. — John Jay CONTENTS. xi elected GoTemor. — BUI for the Abolition of Slavery. — Presidential Electors. — Congressional Elections. — Comptroller. — Location of the Capital at Albany. — Election of Adams and Jefferson as President and Vice-President. — State Elections Re-election of Governor Jay and Lieutenant-Governor Stephen Van Rensselaer. — State of Par- ties. — Legislative Proceedings. — Apprehension of War with France. — Internal Improvements. — Origin of the Canal System. — General Washington's Exploration and Views. — Christopher Colles. — Legis- lative Encouragement. — Philip Schuyler and Elkanah Watson. — Manhattan Bank Charter. — Alien and Sedition Laws. — Death of Washington. — Funeral Honors. — Legislature of 1800. — State Elec- tions. — Triumph of the Democratic Party. — Presidential Electors. — United States Senators. — Nominations of National and State Can- didates 160-168 CHAPTER IV. — AsKiKisTBATiON OP GovERNOE Geokge Clinton. Organization of the Common-School System. — Contest between Jeffer- son and Burr for the Presidency. — Ee-eleotion of Governor George Clinton and Lieutenant-Governor Jeremiah Van Rensselaer. — State CqnsJitutionaLConyention. -(^Appointment of Chancellor Lansing Meeting of the Legislature. — Attorney-General. — United States Senators. — De Witt Clinton and Aaron Burr. — Duel between Clin- ton and Swartwout. — Parties in the Legislaturs. — Appointments and Removals. — Proceedings of the Legislature. — Election of Gov- ernor Lewis and Lieutenant-Governor Broome. — Duel between Ham- ilton and Burr. — Death of Hamilton. — His Character and Ser- vices. — Funeral Obsequies. — Governor Clinton elected Vice-Presi- dent 168-163 CHAPTER V. — Administrations op Governors Morgaji Lewis AND Daniel D. Tompkins. Meeting of the Legislature. — . Special Message of the Governor relative to Common-School Education. — Common-School Fund. — Free-School Society in New York. — Stephen Arnold. — Coalition of Federalists and Republicans. — Election of Governor Tompkins. — Trial and Ac- quittal of Burr for Treason. — First Steamboat on the Hudson. — History of the Enterprise. — Livingston and Fulton. — British Orders in Council. — Berlin and Milan Decrees. — The Embargo. — State of Parties. — Proposed Erie Canal. — Survey of the Route. — Ap- pointment of Commissioners. — Departure of Burr for Europe Election of President Madison and Vice-President Clinton. — Pro- ceedings of the Legislature. — Spring Elections. — Re-election of Governor Tompkins and Lieutenant-Governor Broome. — Prepara- tions for War with England 163 - 168 CHAPTER VI. — Administration op Governor Tompkins. — Sec- ond War with Great Britain. Condition of National Affairs. — Nomination of De Witt Clinton for the Presidency. — Proceedings of the Legislature. — Appointment of Commissioners for the Establishment of Common Schools. — Bill for the Constmction of the Erie Canal Application to Congress xii CONTENTS. and State Legislatures. — Death of Lieutenant-GoTernor Broome and Election of Nicholas Fish. — Organization of the Common-School System. — Bank of America. — Prorogation of the Legislatnre. — Death of Vice-President George Clinton. — Return of Colonel Burr. — Death of Theodosia Burr Alston. — Subsequent Career and Death of Burr. — West Point Military Academy. — Trial and Acquit- tal of David Thomas and Solomon Southwick for Bribery. — Progress of the War. — Campaign of 1812. — Surrender of Detroit by Hull.— Naval Victories. — Fleeta on Lakes Erie and Ontario. — Attack on Sackett's Harbor and Ogdensburg. — Battle of Queenstown Heights. — Capture of British Troops at St. Regis. — Presidential Electors in favor of Mr. Clinton chosen. — Re-election of President Madison 169-178 CHAPTER VII. — Adhinistkatiok of Goveehob Tomfkinb. — Second Was with Gbbat Bbitain. Election of United States Senator. — Superintendent of Common Schools. — Death of Chancellor Livingston. — Re-election of Governor Tomp- kins. — Progress of the War. — Campaign of 1813. — Naval Victo- ries and Defeats. — Death of Captaih Lawrence. — Rescue of Amer- ican Prisoners in Canada. — Capture of Ogdensburg. — Capture of York and Death of Zebulon Montgomery Pike. — Capture of Fort George. — Attempted Capture of Sackett's Harbor. — Attack upon Black Rock. — Capture of the Argus by the Pelican The Boxer. — The Enterprise. — Perry's Victory on Lake Erie. — Battle of the Thames. — Recovery of Michigan Territory. — Abortive Ex- peditions against Canada. — Action at Chateangay. — Battle of Chiystler's Farm. — Evacuation of Fort George. — Burning of Newark and Queenstown. — Retaliatory Descent upon Fort Niagara, Lewiston, Youngstown, and other Places. — Destruction of Buffalo and Black Rock 178-186 CHAPTER Vm. — AsMiNisTRATioir op Govekkob Tompkins. — Second Wab with Gkeat Bbitain. Legislative Proceedings. — Appointments and Removals. — Appropria- tions to Colleges. — Revision of Common-School Law. — State Elec- tions. — Progress of the War. — Campaign of 1814. — Movements of General Wilkinson and General Brown. — Attack upon Rouse's Point. — Removal of Wilkinson — General Izard. — Repulse of the British at Oswego. — Transportation of Military Stores to Sackett's Harbor. — Action at Sandy Creek. — Capture of Fort Erie- — Bat- tles of Chippewa and Lundy's Lane 186 - 192 CHAPTER IX — Administkation op Governob Tompkins. — ^Sec- ond War with Gbeat Britain. — Campaign op 1814. Siege of Fort Erie — Defeat of the British. — Capture and Burning of Washington. — Preparations for Defence of the City of New York. — Patriotic Conduct of Governor Tompkins. — Invasion of New York. — Attack upon Plattsburg. — McDonough's Victory on Lake Cham- plain. — Special Meeting of the Legislature. — Spirited Proceedings for the Public Defence. — Their Reception at Washington. — Gov- ernor Tompkins declines the State Department .... 192 - 109 CONTENTS. xiii CHAPTER X. — Admihibtratiows op Govbenors Tompkius abd Db Witt Clinton. — Close of the Wae. Treaty of Peace with Great Britain. — Battle of New Orleans. — United States Senator. — Attorney-General. — Erie and Champlain Canals. — Great Meetings in New York and Albany. — Energetic Efforts of De Witt Clinton. — Canal Commissioners. — Survey of Bonte. — Election of President Monroe and Vice-President Tompkins. — Abo- lition of Slavery. — Besignation of Governor Tompkins. — Election of Governor De Witt Clinton and Lieutenant-Governor Tayler. — Act for the Construction of the Canal. — Commencement of the Work. — New Organization of Parties. — Common Schools The Lancasterian System of Instmction. — Domestic Manufactures. — Spring Elections. — Clintonian Triumph. — Meeting of the Legislature. — Governor Clin- ton's Message. — Accounts of Vice-President Tompkins. — Contro- versy with the Comptroller. — First Boat on the Erie Canal. — United States Senator. — Exciting Political Campaign. — Re-election of Gov- ernor Clinton and Lieutenant-Governor Tayler. — Canal Policy . 199 - 206 CHAPTER XL — AsMiNiBTBATiOR or Governor De Witt Clinton. Legislature of 1821. — Special Message of the Governor. — Act for Con- stitutional Convention. — United States Senator. — Canal Commis- sioner. — Removal of Gideon Hawley as Superintendent of Common Schools. — Appointment of his Successor. — Abolition of the Office, and its Annexation to the State Department. — Meeting, Organiza- tion, and Proceedings of the State Constitutional Convention. — Outlines of the New Constitution. — Its Adoption by the People . 207-210 SEVENTH PERIOD. FROM THE CONSTITUTION OF 1821 TO THE CONSTITUTION OF 1846. CHAPTER 1 Administrations of Goteenors Joseph C. Tates AND Db WiM Clinton. Abolition of Lotteries. — Literature Lottery. — Election of Governor Tates and Lieutenant-Governor Erastus Boot. — Democratic Ma- jority in the Legislature. — Appointment of Chancellor, Judges of Supreme Court, and Circuit Judges. — Election of State Officers. — Fall Elections. — The "People's Party." — Legislative Proceedings. — The Electoral Law. — Removal of Governor Clinton as Canal Commissioner. — Public Indignation.- Extra Session of the Legisla- ture. — Election of Governor Clinton and Lieutenant-Governor Tallmadge.— Triumph of the "People's Party." — Candidates for the Presidency. — State of Parties. — Visit of General Lafayette, and his Public Reception in New York. — Election of President John Qnincy Adams and Vice-President Calhoun. — State Road through Sonthern Tier of Counties. — Minister to England. — Tour of Governor Clinton through Pennsylvania, Ohio, and Kentucky. — Completion of the Erie and Champlain Canal. — Grand Celebration, — Imposing Ceremonies at New York. — Dluminations, Processions, and Fireworks 211-218 xiv CONTENTS. CHAPTER II. — Third Administsatiok op Goternob De Witt Clinton. Common Schools. — Education of Teachers. — State Road. — United States Senator. — Chancellor, Secretary of State, and Superintendent of Common Schools. — Beport of John C. Spencer on the Common- School System. — Abduction of William Morgan. — Re-election of Governor Clinton. — Lieutenant-Governor Pitcher. — Proceedings of the Legislature. — The Canals and State Road. — Chenango CanaL — Literature Fund. — Revision of the Laws. — Death of Thomas Addis Emmett. — Anti-Masonic Excitement. — Public Meetings. — . Arrests, Trials, and Convictions. — Public Indignation against Ma- sons. — Political Organization 218 - 223 CHAPTER III. — Adminibtrations of Lieutenant-Gotbrnor Pitcher, Governor Van Buren, and Liedtenant-Governob Thboop. Legislature of 1828. — Last Message of Governor Clinton. — His Death and Character. — Proceedings of Public Bodies. — Succession of Lieutenant-Governor Pitcher. — Public Prosecutor of the Morgan Outrage. — Defeat of the Chenango and Chemung Canal Bills Presidential Campaign. — Election of Governor Van Buren and Lieutenant-Governor Throop. — Election of President Jackson and Vice-President Calhoun. — Progress of the Anti-Masonic Excite- ment — Legislature of 1S29. — Governor's Message. — Internal Im- provements. — Safety-Fund Law and Renewal of Bank Charters. — State Officers. — Choice of Presidential Electors by General Ticket. — Governor Van Buren appointed United States Secretary of State. — His Resignation as Governor, and Succession of Lieutenant-Governor Throop. — Passage of the Chemung Canal Bill. — Chenango Canal. — Death of Ex-Governor John Jay 223-227 CHAPTER IV. — Administration of Governor Enos E. Throop. Legislature of 1830. — Governor's Message. — Beport of Canal Commis- sioners on the Chenango Canal. — Defeat of the Bill. — Election of Governor Enos T. Throop and Lieutenant-Governor E. P. Livingston. — Proceedings of the Public Prosecutor. — Legislature of 1831. — Election of William L. Marcy «s United States Senator, and Samuel Nelson Judge of Supreme Court. — Appointment of Governor Van Buren as Minister to England. — Death of Ex-President Monroe. — Legislature of 1832. — Election of Governor Marcy and Lieutenant- Governor Tracy. — Termination of Political Anti-Masonry. — Its Re- sults. — Revival of Masonry 228-232 CHAPTER V. — Administration of Governor William L. Marct. Internal Improvements. — Common Schools. — Election of Silas Wright, .It., and Nathaniel P. Tallmadge as United States Senators. — State Officers. — Passage of the Chenango Canal Bill. — Re-election of Governor Marcy and Lieutenant-Governor Tracy. — Proposed En- ^ largement of the Erie Canal. — Loan of State Credit to Banks. — Commercial Revulsion. — Increase of Bank Charters. — General CONTENTS. XY Spirit of Speculation. — Academical Departments for Preparation of Teachers. — Common-School Libraries. — Death of Surveyor- General De Witt. — Construction of the Groton Aqueduct and High Bridge. — Great Fire in New York. — Black River and Genesee Valley Canals. — New York and Erie Railroad Loan. — Proceedings against Senators Kemble and Bishop. — Third Election of Governor Marcy and Lieutenant-Governor Tracy. — Election of President Van Bnren and Vice-President B. M. Johnson. — United States Deposit Fund. — Its Investment. — General Suspension of State Banks. — Proceedings of the Legislature. — Death of Ex-Governor Yates and Abraham Van Vechten. — Canadian Insurrection. — Occupation of Navy Island. — Burning of the Caroline. — Proclamation of Neutral- ity. — General Scott despatched to the Frontier. — Diplomatic Nego- tiations between the English and American Governments. — Legis- lature of 1838. — Mr. Buggles's Report on Internal Improvements. — Passage of General Banking Law. — November Elections. — Tri- umph of the Whigs. — Election of Governor Seward and Lieutenant- Governor Bradish 233-241 CHAPTEE VL — Administbation op Goteenoe William H. Sewaed. Legislature of 1839. — Governor's Message. — Repeal of Act prohibiting Small Bills. — State Officers. — Death of Stephen Van Rensselaer. — Visit and Reception of President Van Buren. — Legislature of 1840. — Governor's Message. — Canal Enlargement. — Common Schools. — Instruction of Children of Foreigners. — Controversy Avith Virginia. — Abolition of Imprisonment for Debt. — Political Cam- paign. — Election of President Harrison and Vice-President Tyler. — Death of the President. — Succession of Vice-President. — Re- election of Governor Seward and Lieutenant-Governor Bradish. — Legislature of 1841. — Governor's Message. — Revenues of the Canals. — State Indebtedness. — Education of the Children of Foreigners. — Teachers' Departments in Academies. — State Normal School. — Vir- ginia Correspondence. — Report of Secretary Spencer on the Public- School System of the City of New York. — Revision of the Common- School Law. — County Superintendents 242-248 CHAPTER Vn. — Administration op GtOteenoe William H. Seward. Arrest of Alexander McLeod for the Burning of the Caroline. — Demand of the British Government for his Release. — Reply of Secretary Webster. — Decision of the Supreme Court — Trial and Acquittal of McLeod. — Legislature of 1842. — Governor's Message. — The Vir- ginia Controversy. — Appropriation of School Money in New York. — Colleges, Academies, and Common Schools. — Revenue of the Ca- nals. — State Debt. — Internal Improvements. — Financial Condition of the State. — Suspension of Public Works. — State Tax. — The Vir- ginia Controversy. — Joint Resolution of the Legislature. — Refusal of tlie Governor to transmit the Resolution. — Election of Governor Bouck and Lieutenant-Governor Dickinson. — Democratic Triumph . 248-263 1 xvi CONTENTS. CHAPTER VUL — ADHiiriSTRATioir of Goyebnob William C. BOCCK. Legislatnre of 1843. — Governor's Message. — Re-election of Silas Wright as United States Senator. — Geological Surrey of the State. — Comninnication of Secretary Young. — Controversy between Lieutenant - Governor Dickinson and the Secretary. — Mr. Hul- burd's Report on Common Schools. — Death of Smith Thompson and Appointment of Chief-Justice Nelson to the Bench of the United States Supreme Court — Legislature of 1844. — Governor's Message. — Public Debt Canal Revenues. — Common Schools. — State Normal School. — Executive Committee. — Enlargement of the Erie Canal. — Proposed Constitutional Amendment — Anti-Rent Disturbances. — Anti-Rent and Native-American Parties. — Elec- tion of President Polk and Vice-President Dallas. — Appointment of United States Senators. — Election of Governor Silas Wright and Lieutenant-Governor Addison Gardiner 263-268 CHAPTER IX. — Administration of Govbbnor Silas Weight. Legislature of 1845. — Governor's Message. — Prosecution of the Public Works. — Common Schools. — School Funds. — Anti-Rent Outrages. — State Officers. — Election of John A. Dix and Daniel S. Dick- inson United States Senators. — Rejection of Constitutional Amend- ments. — State Constitutional Convention. — Act in Relation to the Canals. — Governor's Veto. — Continued Anti-Rent Outrages. — Im- prisonment of Dr. Boughton Murder of Deputy-Sheriff Steel. — Insurrection in Delaware County. — Martial Law proclaimed Trial and Conviction of Anti-Rent Rioters. — Suppression of the Insurrec- tion. — November Elections. — State Constitutional Convention ap- proved. — Railroads. — Magnetic Telegraph. — Professor Morse and Henry O'Reilly 268-263 CHAPTER X. — Administration of Governor Silas Wright. Legislature of 1846. — Governor's Message. — Anti-Rent Excitement. — State Debt — Canal Revenues. — Report of Superintendent of Common Schools. — District Librarian. — Distress for Rent abol- ished. — Constitutional Convention. — Organization of the Execu- tive, Legislative, and Judicial Departments of the State.— Quali- fication of Voters. — Provision for Payment of Canal Debts, and Prosecution of the Public Works — Loans of State Credit prohibited. — Limitation of Power to contract Debts. — Banking Associations and Registry of Notes. — Corporations to be formed under General Laws. — Common- School, Literature, and United States Deposit Funds. — Failure of Efforts to establish Free Schools throughout the State. — Incorporation of Cities and Villages. — Adoption of the Con- stitution. — Election of Governor Young and Lieutenant-Governor Gardiner. — Death of General Root 263-26 CONTENTS. xvii EIGHTH PEEIOD, FROM 1846 TO 1870. CBL&PTER I. — Administbation or Gotbbnoe Jobm Toung. The Mexican War — Successful Campaigns of Generals Taylor and Scott — Brilliant Services of Generals Wool, Worth, and Kearney. — Conquest of Mexico. — Negotiations for Peace. — Tlie Wilmot Proviso. — Proceedings of the Legislature. — Pardon of the Anti- Rent Convicts. — Grounds of Executive Clemency. — New Yorlt Free Academy. — Indian and Colored Schools. — Resumption of the Public Works. — Termination of the Mexican War. — Cession of California. — Beath of Silas Wright. — His Character. — Public Honors to his Memory. — State Officers. — AboUtion of the Office of County Superintendent of Common Schools. — Its Effects. — Legis- lature of 1848. — Governor's Message. — Manorial Titles. — Common Schools. — Appropriations for Resumption of the Public Works. — Corporate Associations. — Free Schools. — State Normal School. — Death of Principal Page. — Election of President Taylor and Vice- President Fillmore. — Election of Governor Fish and Lieutenant- Governor Patterson 270-276 CHAPTEB II. — Administration of Goteknok Hamilton Fish. — Fkee-Schooi, Conteoteest. Legislatme of 1849. — Governor's Message. — Act for Establishment of Free Schools throughout the State. — Teachers' Departments in Academies. — Ex-Govemor Seward appointed United States Sena- tor. — State Elections. — Approval of Free-School Bill. — Obstacles to its Execution. — Canses of its Unpopularity. — Demand for Re- peal. — EfiTorts of its Friends. — Legislature of 1860. — Governor's Message. — State Asylum for Idiots. — Railroad Restrictions. — Slavery in the Territories. — Bill for Repeal of Free-School Law. — Death of President Taylor. — Accession of Vice-President FUl- more. — Admission of California. — Mr. Clay's Compromise Bill. — Free-School Canvass. — Majority against Repeal. — Election of Gov- ernor Hunt and Lieutenant-Governor Church .... 276 - 280 CHAPTER in. — Administration op Goveenob Washington Hunt. Legislature of 1861. — Governor's Message. — Free Schools. — Erie Canal Enlargement. — Proposed Amendment to Constitution. — Agricultu- ral College. — Propositions for Modifications of the Free-School Law. — Passage of the Act. — Election of Ex-Govemor Fish as United States Senator. — Commission for Revision of School Laws. — State Officers. — Visit of Kossuth. — Legislature of 1852. — Governor's Message. — State Debt. — Canal Revenues. — Taxable Property. — Free-School Controversy. — Election of Governor Seymour and' Lientenant-Govemor Church. — President Pierce and Vice-Presi- dent King 280-283 xviii CONTENTS. CHAPTER IV. — FiBBT Ashinistbation op Goteenoe Hoeatio Seymoub. Legislature of 1853. — Governor's Message. — Canal Enlargement. — State Agricultural and Scientific CoUege. — Manorial Titles. — Railroad Companies. — Financial Embarrassments. — Special Session of the Legislature. — Proposed Amendment to the Constitution. — Public Schools of the City of New York. — Consolidation of the System. — State Officers. — Legislature of 18B4. — Governor's Message. — Beview of the History and Condition of the State. — Prosecution of the PubUc Works. — Reorganization of the Militia. — Criminal Code. — Department of Public Instruction, -r- Constitutional Amendment. — Appointment of Superintendent of PubUc Instruction. — Free and Union Schools. — Teachers' Departments. — Teachers' Institutes. — State Normal School. — Election of Governor Clark and Lieutenant- Governor Raymond 283-287 CHAPTER v. — Aduinistbationb op Goveenobb Mteon H. Clare add John A. King. Legislature of J85B — Free Schools. — County Supervision. — Excise Laws. — Prohibitory Restriction of the Sale of Liquor. — Controversy with Virginia. — The Lemmon Case. — Destruction of Property by Mobs. — State Elections. -^ Triumph of the Native- American Party. — Legislature of 1856. — Railroads. — Free Schools and Academies. — State Tax for Support of Schools. — District Commissioners. — Election of Governor King and Lieutenant-Governor Selden. — President Buchanan and Vice-President Breckenridge. — Legisla- ture of 1857. — Governor King's Message. — Canals. — Modification of the Excise Law. — Colored Voters. — Slavery in the Territories. — Election of Pieston King as United States Senator. — License Law. — Tax for Completion of Public Works. — Death and Charac- ter of Ex-Govemor Marcy. — State Officers. — Legislature of 1858. — Election of Governor Morgan and Lieutenant-Governor Camp- bell 287-290 CHAPTER VI. — Adminibtbatton op Gotebnoe Edwih D. MoBGAN. — The Southeen Rebellion. Legislature of 1859. — Excise Laws. — Colored Suflrage.— National Af- fairs.— John Brown's Invasion of Virginia. — State Officers. — Re- jection of Colored-Suffrage Amendment. — Legislature of 1860. — Capital Punishment. — Bights of Married Women. — Visit of the Prince of Wales. — Election of Abraham Lincoln and Hannibal Hamlin as President and Vice-President — Re-election of Gov- ernor Morgan and Lieutenant-Governor Campbell. — The Kansas and Nebraska Struggle. — Freedom in the Territories. — Efforts at Compromise between the North and South. — Their Failure. — Se- cession of the Southern States. — Formation of a Southern Pro- visional Government. — Legislature of 1861. — Temperate and Con- ciliatory Message of the Governor. — Joint Resolution. — Patriotic Attitude of the Legislature. — Renewed Efforts for Conciliation. — Meeting of Merchants and Others. — Proposition of Virginia for a Peace Congress at Washington. — Appointment of Delegates CONTENTS. xii from New York. — FaUnre of the Effort. — Election of Ira Harris as United States Senator. — Bombardment and Fall of Fort Sum- ter- — Proclamation of President Lincoln. — Response of New York. — Appointment of Major-Generals Dix and Wadsworth. — March of the Seventh Regiment. — General Enthusiasm. — Great Public Meeting in New York. — Party Distinctions merged. — Battle of Bull Run. — Defeat of the Union Army. — Additional Troops forwarded to Washington. — One Hundred Regiments sent to the Field 291-298 CHAPTER Vll. — Administbation op Goveenob Edwin D. MoBGAN. — Second Administbation of Govbbnoe Hobatio Setmoue. — The Southern Rebellion. Legislature of 1862. — Governor's Message. — Prosecution of the War. — Continued Support of the Government. — Completion of the Erie Canal Enlargement. — Election of Governor Seymour and Lieuten- ant-Governor Jones. — Legislature of 1863. — Governor Seymour's Message — Election of Governor Morgan as United States Senator. — Condition of Public Affairs. — National Reverses. — Factious Op- position to the War. — Governor Seymour's Fourth-of-Jnly Oration at New York. — The Draft Riots. — Interposition of the Governor. — Property and Lives destroyed. — United States Troops ordered to New York. — The Riots suppressed and the Drafts resumed and enforced. — Enlistments and Volunteers. — Legislature of 1864. — Govemdr's Message. — National Affairs. — Revenue of the Canals. — State Tax. — Payment of Foreign Creditors in Gold. — Contin- ued Enlistments of Troops. — Presidential Election General Butler in Command of the City of New York. — Re-election of Presidbnt Lincoln and Election of Andrew Johnson Vice-President Election of Governor Fenton and Lieutenant-Govei-nor Alvord. — Conspiracy to bum the City of New York. — Execution of Robert Kennedy. — Grant's Campaign of 1864. — Brilliant Succession of Victories. — Defeat of the Confederate Army at Petersburg. — Capture of Rich- mond. — Surrender of General Lee's Army at Appomattox Court House. — Surrender of Johnston — Termmation of the War As- sassination of President Lincoln — Funeral Honors — Succession of Vice-President Johnson 298-306 CHAPTER VHI. — Administbation of Govbenob Reuben E. Fenton. Legislature of 1866. — Governor's Message. — Visit of President Johnson and Cabinet, General Grant, and Admiral Farragut to the State. — Re-election of Governor Fenton and Election of Lieutenant-Gov- ernor Stewart L. Woodford. — Legislature of 1867. — Governor's Message. — Enlarged Locks on the Erie and Oswego Canals. — Adoption of Fourteenth Constitutional Amendment prohibiting Slavery. — Election of Roscoe Conklin as United States Senator. — Establishment of Free Schools throughout the State. — Ad- ditional Norm.al Schools. — State Constitutional Convention. — Re- organization of the Judiciary. — Renewal of Anti-Rent Disturbr ances. — Legislature of 1868. — Governor's Message. — State Debt XX CONTENTS. — Constitntional Convention. — Its Proceedings. — Organization of the Cornell University at Ithaca. — Kleotion of Governor Hoffman and Lientenant-Govemor Beach. — Election of President Ulysses S. Grant and Vice-President Schuyler Colfax 306-810 CHAPTER IX. — Admihibthati6n of Govebmob John T. Hoffman. Legislature of 1869. — Governor's Message. — Finances of the State. — Common Schools. — Election of Ex-Govemor Fenton as United States Senator. — Adoption of the Fifteenth Constitutional Amend- ment securing Colored Suffrage. — Submission of the new Consti- tution to the People. — Its Rejection, with the Exception of the Judiciary Article. — Democratic Triumph at the Fall Elections. — Legislature of 1870. — Governor's Message. — Revocation by the Legislature of its Consent to the Fifteenth Constitutional Amend- ment 810-814 CONCLUSION. — GENERAL RECAPITULATION. General Survey of the History of the State. — Its Prominent Statesmen. — Governors. — Judges. — Chancellors. — Lawyers. — Legislators. — Senators and Representatives in Congress. — Cabinet Officers. — Presidents, Vice-Presidents, Judges of the Supreme Court of the United States, and Foreign Ministers. — Its Representatives in the Army and Navy. — Scientific and Literary Men. — Discoverers and Inventors. — Representatives of the Press. — Distinguished Clergy- men. — Historians. — Poets. — Philanthropists. — Educators. — Phy- sicians. — Railroads, Canals, and Internal Improvements. — Valua^ tion of Real and Personal Estate. — Exports and Imports. — Public Schools. — Colleges, Academies, and other Seminaries of Learning. — Normal Schools. — Charitable and Benevolent Institutions. — Churches, Cathedrals, and Places of Public Worship. — The City of New York 816-825 APPENDIX. CoHsrmmoK of the State of New York 827 Counties and Population of the State 358 Table op Dutch, Enolish, and State Governors of the State . 862 Table of Lieutenant-Governors of the State .... 364 Table op Speaeebs op the State Assembly 366 List of Railroads in the State, with their Extent and Cost 868 List op Canals of the Stats, with their Extent and Cost . 869 INTRODUCTION. 1. The State op New York, one of the Thirteen original States of the American Union, is bounded on the noriih by Can- ada, from which it is separated by Lake Ontario and the St. Lawrence Kiver ; east by Vermont, Massachusetts, and Connec- ticut, from the former of which it is separated by Lake Cham- plain ; south by New Jersey and Pennsylvania ; and west by New Jersey, a part of Pennsylvania and Lake Erie, — that lake and the Niagara River separating it from Canada on the western side. 2. From the northern to the southern extremity of the State, its length is 311 miles between the fortieth and forty-fifth degrees of north latitude, and from east to west, between the seventy-first and seventy-ninth degrees of longitude, it extends 412 mUes, — comprising an area of 50,519 square miles, or 32,332,160 acres, of which somewhat more than one half is under cultivation for agricultural purposes. 3. Its present population is about four millions, of whom one fourth are of foreign birth, chiefly from Ireland, Germany, and England. It is divided into sixty counties and about nine hundred and fifty towns and citiea Its principal cities, in the order of their population respectively, are New York, Brooklyn, Buffalo, Albany, Rochester, Troy, Syracuse, Utica, Oswego, ^ Poughkeepaie, Auburn, Schenectady, Hudson, and Binghamton. The capital is at Albany, on the west bank of the Hudson. 4. The chief rivers of the State are the Hudson, Mohawk, Delaware, Genesee, Oswego, and Susquehannah, with the St. Boundaries. — Extent — Population. — Chief cities. — Rivers. 8 INTRODUCTION. Lawrence on the north and the Niagara on the west. It pos- Besses a sea-coast from the Atlantic on its southeasterly border along Staten and Long Island of 246 miles, a lake-coast of 352 mUes, and 281 miles of navigable rivers. 5. Its principal lakes, exclusive of Lakes Erie, Ontario, and Champlain, are Lakes George on the east; Cayuga, Seneca, Canandaigua, Crooked, and Chautauque on the west ; and Skaue- ateles, Oneida, and Otsego in the centre and south. The great cataract of Niagara, and the Genesee Falls at Rochester, the Portage, Trenton, Taghkanic, KaaterskUl, and Cohoes Falls, form prominent portions of the scenery. 6. The Alleghany Mountains enter the south and southeast- ern parts of the State in two distinct ridges from New Jersey and Pennsylvania, forming the Highlands, the Shawangunk, Cattskill, and Helderberg Mountains, and in the northern and northeast- em parts of the State the Adirondack range of moimtains con- stitute a branch of the great Apalachian system. 7. There are several important mineral and medicinal springs in the interior of the State, the chief of which are those at BaUston, Saratoga, Richfield, Clifton, and Sharon, the extensive saline deposits at Syracuse and Salina, from which from seven to ten millions of bushels of salt are annually manufactured, and various petroleum and gas springs in the western portion of the State. 8. Among the most important pubhc works are the enlarged Erie and Champlain Canals, with their numerous locks and aqueducts, connecting Lake Erie with the waters of the Hudson and Lake Champlain, with eleven tributary canals in different sections of the State ; the Croton Aqueduct for the supply of water to the city of New York, extending over a distance of forty miles from the Croton River in Westchester County, and spanning the Harlem by the magnificent High Bridge, built of stone, 1,450 feet in length, 114 feet above tide-water, and with fourteen piers varying from fifty to eighty feet in height ; and the Niagara and Lewiston Suspension Bridges. 9. The geological features of the State present a series of Lakes. — Falls. — Monntains. — Mineral, medicinal, and salt springs. Public works. INTRODUCTION. 9 rocks older than the coal formation, and terminating in the lowest member of that deposit, near the Pennsylvania line. They consist of the unstratified crystalline or primary, the stratified non-fossUiferous, and the older secondary fossUiferous rocks. Eed sandstone occius in the southern portions bordering on New Jersey ; the great metamorphic belt passes along the eastern line ; granite, with abundance of iron ore and limestone, is found in the northern and northeastern sections of the State, and marble in large quantities in the southeastern. 10. The climate and soil of the State are eminently favor- able to the cultivation of the various grasses, wheat, oats, Indian com, rye, garden vegetables, flowers, and firuit of every descrip- tion indigenous to the northern temperate regions. The vast forests in the northern section afford nearly every variety of timber ; and the numerous lakes and rivers furnish an ample supply of fish. Geological features. — Climate, soil, and prodactions. INDIAN OCCUPANCY. — THE IROQUOIS, OR FIVE NATIONS. 1. Long before the white man made his appearance, the ter- ritory now constituting the State of New York was occupied by roving tribes of Indians, engaged in continual and bloody wars with each other and with neighboring tribes, and obtaining a subsistence mainly by hunting, fishing, and predatory incur- sions. 2. One portion of them, known as the Lenni Lbnape, or Algonquins, occupied the southeastern portion of the State, chiefly on the banks of the Delaware piver ; another, and far The Algonquins or Ddawarcs. iXDiAX occupAyy. w the most numerous, known as the Iroquois, occupied the entire region between the Hudson River and Lalies Erie and Ontario. A ijortiou of the Moiiegax tribes, inchiding the Pcquods, were found upon Long Island ; and the Manhattans upon the island of that name, now constituting the city of New York, and the lower portions of Westchester County bordering on the Hudson. 3. The Iroquois were originally separate tribes or nations, con- sisting of the Mohawks, Oneidas, Onondagas, Cayugas, and Sen- ecas. In consequence of the perpetual inroads made upon them by the Algonquins or Delawares, the Adironda.cks, Hurous, Eries, and Ottawas of Canada, these tribes, probably as early as the middle of the sixteenth century, formed themselves into a league or confederacy, since known as the Five Nations ; expelled the Adirondacks from their hunting-grounds in Canada, defeated the Hurons and the Ottawas, extirpated the Eries, humbled the Delawares. and carried the terror of their arms as far west as the Mississippi River and southerly to the Gulf of Mexico. 4. The Iroquois Confederacy was the most celebrated and powerful of all the Indian leagues on the continent ; and in its leading features strongly resembled the Confederation of States long afterwards established. Each tribe was independent of all the others, except so far as related to the general purposes and object of the Jeague. The head-quarters of this formidable body were established on the banks of the Onondaga Lake, near the site of the present city of Syracuse ; and here annually, or as often as the common interest required, its councils were held. 5. Hither, summoned by trusty and faithful messengers, came the sacliems and leading warriors of the various tribes from the banks of the Hudson and Jlohawk and the shores of the Onta- rio, Erie, Oneida, Caj'uga, Seneca, and Onondaga Lakes, to con- sult in solemn conclave upon the general welfare, to smoke the pipe of peace, or to dig up the tomahawk and hatchet, and plan the savage war-path against the common enemy. (). Here, from time to time were heard the eloquent and spirit- stirring appeals of the Atotarho, or presiding officer, of the sage Jlohojrars. — Manhattans. — The Five Nations, — their orifjin, confed- eracv, conqnests. — Character and objects of the confederacy. — Its chiefs, sachems, and orators. 12 FIRST PERIOD. Hiawatha, the fierce and stormy Thayandesaga of the Mo- hawks, the noble and solitary Logan of the Cayugas, the elo- quent Red Jacket of the Senecas, the chivalrous Skenandoah of the Oueidas, and the brave Garangula of the Onondagas, with others whose daring exploits and tried wisdom and sagacity entitled them to the confidence and regard of the confederacy. 7. Here, too, came the accredited representatives of the " Tor- toise" the " Bear" and the " Wolf" tribes of the respective na- tions, to mingle their counsels with those of their brethren : — " By the far Mississippi the Illinois shrank When the trail of the Toktoise was seen on the bank ; On the hills of New England the Pequod tvirned pale When the howl of the Wolf swelled at night on the gale ; And the Cherokee shook in his green smiling bowers When the foot of the Beak stamped his carpet of flowers." Street's Frontenac. 8. The confederacy owed its immediate origin to the necessity of combining its forces for the protection or defence of the sep- arate tribes composing it, against the perpetual assaults and in- roads of its enemies. Three of the wisest and most venerated chiefs, — Atotarho, after whom the presiding sachems were named, Toganawetah, and Hah-yoh-wctot-hah, were regarded as its projectors and founders, and revered as possessed of preter- natural qualities. 9. The traditions of the Iroquois concerning these great chiefs are exceedingly interesting and romantic. Toganawetah is described as a young man of remarkable beauty and unknown origin. After the formation of the confederacy he predicted its final dissolution by the " White Throats," — a people of whose existence they had never heard, but for whose certain ad- vent they watched until their fears were realized by the fulfil- ment of the prophecy. 10. Toganawetah, having uttered his solemn and mysterious warning of doom from the " Pale Faces," suddenly disappeared and was seen no more. Hah-yoh-wout-hah soon afterwards as- cended to heaven in the presence of the assembled multitude, " amidst bursts of the sweetest melody, in a snow-white canoe The Tortoise, Bear, and Wolf Tribes. — The founders of the confed- eracy. — Traditions of the Iroquois. THE IROQUOIS, OR FIVE NATIONS. 13 suddenly shot down from the sky, rising higher and higher until he melted away in the upper distance." Atotarho alone re- mained to place himself at the head of the confederacy on the banks of the Onondaga Lake, to govern and instruct his people, and transmit his name and authority to a long line of successors. 11. It was the belief of this primitive and simple people that when, after death, they reached the " happy hunting- grounds" the Great Spirit woiild provide for them the most delicious fruits known to their native forests, — chiefly the strawberr}-, which, as fast as consumed, would be eternally and unfailinglj- renewed. When one of their number is dying, with that calm and placid stoicism characteristic of the race, those around him are accustomed to say, "He is scenting the straw- berry of the Great Spirit ! " 12. Having in 1655 accomplished the subjugation of the Hu- rons and Algonquins in Canada and the vicinity of Lake Huron, these indomitable and fiery warriors attacked and conquered, two years later, the Miamis and Ottawas of Michigan. In the beginning of the ensuing century the}' prosecuted their con- quests as far south as the waters of the Cape Fear River in North Carolina, and at a subsequent period nearly exterminated the Cherokees and Catawbas in South Carolina, Georgia, Ala- bama, and Tennessee. 13. In 1714 they were joined by the Tuscaroras of North Carolina, and from thenceforth assumed the title of the Six Nations. They uniformly adhered to the British interests, or " Corlear '' as they termed that nation, against " Yonondio," or the French ; and on the revolt of the Americans in the Revolu- tionarj' struggle inflicted the most dire calamities on their for- mer friends at Wyoming in Pennsylvania, and at Cherry Valley and the Mohawk settlements in New York. 14. At the period of the first settlement of New York, the aggregate number of this confederacj' amounted to about forty thousand. Not more than seven thousand remain in existence, and of these a small remnant only is now to be found in the State. The strawberry of the Great Spirit — Conquests of the Iroquois. — Ac- cession of the Tuscaroras. — Fidelity to the English. — Comparative num- bers. Jlinuit's Purchase of Manhattan Island. SECOND PERIOD. DISCOVERIES AXD SETTLEMENTS.— THE DUTCH GOVERNMENTS. CHAPTER I. Discovert of the Hcdson Kiver. — First Settlement op the Province of New Netherlands. 1. The firet Europeans who landed on the soil of New York ■were probably the crew of a French vessel under the com- mand of John de Verr.\zzaso, a Florentine, in the service of Fi-ancis I. of France. From the journals of the voj'age pre- served by him, it appears that about the middle of JIarch, 1524, he arrived on the American coast in Xorth Carolina, from whence, after proceeding south as far as Georgia, he sailed northward to the latitude of 4F, where he entered a harbor, which, from his 1524. John de Verrazzano. DISCOVERIES AND SETTLEMENTS. 15 description, was probably that of New York. He seems to have remained there about fifteen days, visited by the Indians, and trafficking with them. 2. After an interval of nearly a centin-y, Samuel Ciiaji- PLAiN, a French navigator, on the 4th of July, 1G09, while '^°^' descending the St. Lawrence liiver and exploring its tributaries, discovered the lake which bears his name. A few daj-s subse- quently, luiiting his forces with the Hurons, Algonquins, and other Indian tribes in the vicinity, he enabled them by the use of fire-arms, hitherto unknown to the natives, to obtain a deci- sive victory over their hereditary enemies, the Iroquois. 3. Early in 1609, Henry Hudson, an English navigator, after the fiiilure of two expeditions in the employ of a company of London merchants for the discovery of a nearer passage to Asia, offered his services to the Dutch East India Company in Holland ; and on the 4th of April set sail for China in the yacht Half Muon, with his son, and a crew composed of English and Dutch sailors. After several ineffectual attempts to accom- plish his object, he entered Delaware Baj' in August, and on the 3d of September found a safe anchorage at Sandy Hook. 4. On the succeeding day he proceeded up the present New York Bay along the Jersey coast, sending from time to time his boats on shore, and receiving the visits of the natives, who came on board in gi-eat numbers, clad in loose furs, singing their wild songs, and in the most friendlj"^ manner offering to traffic with the strangers in exchange for pipes, tobacco, maize, beans, and oysters. For several days this mutual interchange of friendly civilities was continued ; and on the 12th of September Hudson entered through the Narrows the river which bears his name, and sailed up its broad channel as far as the present site of Manhattanville. 5. On the 1 3th and 14th, passing the present site of Yonkcrs, ho proceeded up as far as the Highlands, anchoring in the neigh- boi-hood of West Point; and on the evening of the 17th landed just above the present site of Hudson, where on the ensuing day he had a pleasant interview with the natives. On the lUth he Samuel Cliamplain. — Ilenrv Hiulson. — His cmployinont In- tlie Dutch Kast India Company. — Entrance into New York Bay. — Intercourse with the Indians. — Discovery of the river. 16 SECOND PERIOD. reached the present site of Kinderhook, from whence, after having sent a small boat up the river to a point a little above Albany, he commenced on the 23d his return voyage. 6. During his trip up the river he was frequently visited by the Indians who came in considerable numbers on their boats, and manifested the most friendly disposition. On his return, how- ever, several attempts were made a little below the Highlands, by the natives, to attack his crew, and in the effort to repulse them some ten or twelve were killed. On the 4th of October he set sail for Europe, and in the ensuing year engaged in another voyage for the discovery of the northwest passage to Asia, in which, near the straits in British America which now bear his name, he was abandoned by his mutinous crew and perished miserably. 7. Stimulated by the favorable accounts given by Hudson on his return to Holland, another vessel was equipped, during the succeeding year, for the fur-trade with the Indians on the banks of the newly discovered river; and this adventure having proved successful, Hendrick Chbistian- SEX and Adrien Block in 1612 fitted out two additional ships for the same purpose, which were speedily fol- lowed by three others under the command of Captains DeWitt, Volckertsen, and May. The island of Manhattan was made the chief depot of the trade, and Christiansen received the appoint- ment of agent for the traffic in furs during the passage of the vessels to and from Holland. He immediately set about the construction of a small fort with a few rude buildings, on the southern extremity of the island, thus laying the first founda- tions of the future city. 8. Adrien Block, having lost one of his vessels by an accidental fire, set about the construction of another, which he completed in the spring of 1G14, and immediately commenced an active exploration of the neighboring country. Passing by the upper waters of the East River into Long Island Sound, and the outlet of the Housatonic River, he ascended the Connecticut to the head of navigation, — thence returning to Voyapre up the Hudson to Albany. — Return to Europe. — His death. — Expeditions from Holland in the fur-trade. — Adrien Block. — Foun- dation of New York City. DUTCH GOVERNMENT. 17 the Sound, he reached Montauk Point and the present Block Island ; then, turning his course eastward, he explored the Narragunsett Bay, Khode Island, Nahant Ba,j, and the inter- vening islands, and, leaving his vessel at Cape Cod in charge of Coruclis Hendricksou, embarked for Holland in one of the ships on its way from Manhattan. 9. On the 11th of October a chai'ter was granted by the States-General, conferring upon the merchants engaged in these expeditions the exclusive right of trading in the new territories situated between the fortieth and forty-fifth degrees of north latitude, for four voyages to be completed within three years ; and giving to this entire region the name of New Netherlands. In the mean time Cornelissen Jacobsen May had explored the south- ern coast of Long Island, visited Delaware Bay, and given his name to its noi'theni cape, while Hendrick Christiansen had ascended the Mauritius, as the Hudson River was then termed, to a point a little below Albanj', where he established a fort and warehouse on Castle Island, calling it Fort Nassau. Shortly afterwards, however, Christiansen was murdered by a young In- dian in his employ, and Jacob Eelkins was appointed to succeed him as agent. An association of merchants was formed under the title of the United New Netherlands Company, and the trade in furs with the Indians was vigorously prosecuted. 10. In the sDrin? of 1617, a solemn council of the ^ 1 fil 7 chiefs and warriors of the several Iroquois tribes, and the representatives of the New Netherlands, was held at a place called Tawasentha, near the present site of Albany, and a for- mal treaty of alliance and peace entered into between them. Protected by the provisions of this treaty the trade with the In- dians became so flourishing and profitable that on the expiration of the charter of the Company in 1618 its renewal was refused by the States-General. Permission was, however, given by special license for a temporary continuance of their operations. 11. In 1620 Captain Thomas Dei-mer, an Englishman in the service of Sir Ferdinando Gorges, appeared at r.xploration and discoveries. — New charter. — Association of merchants. — United New Ketherlands Company. — Council with the Indian trihes at Tawasentha. — Treaty of alliance. — Progress of the fur-trade. — Refusal to renew the charter. — English claims to the territory. 2 18 SECOND PERIOD. Manhattnn on his voyage to New England, and laid claim to the entire territory occupied by the Dutch traders, upon the ground of prior discovery and occupancy. On the representa- tion of liis employers, James 1., the English monarch, granted Goi-ges and his associates a charter of exclusive jurisdiction over all the territories in America between the fortieth and forty-eighth parallels of latitude, and the English ambassador at the Hague was directed to remonstrate against the intrusion of the Dutch occupants. 12. This remonstrance was, however, unheeded ; and in June, 1G21, the States-General granted a new charter to the Dutch " West India Company," conferring upon them exclusive jurisdiction for a period of twenty-oue years over the Province of New Netherlands, with full and ample powers to trade with the natives from Newfoundland to the Straits of Magellan, to appoint governors subject to the approval of tlic States, to colonize the territory, erect forts, and admin- ister justice throughout the entire territory. The executive management of the association was intrusted to a board of nineteen directors, one of whom was to be appointed by the Government and the remaining eighteen by the Company, dis- tributed through five separate Chambers in different cities of PloUand. 13. The Amsterdam Chamber, to which had been spe- cially assigned the charge of the Province of New Neth- erlands, sent out a vessel under the command of Comelissen Jacobsen May as director, with thirty families, consisting chiefly of Walloons or French Protestants, with the view of lay- ing a permanent foundation for the projected colony. Eight of these families settled at Manhattan, others took up their abode on the Jersey shore, the Connecticut Kiver, and as far up the Mauritius or Hudson Piiver as the present site of Albany, where they built Fort Orange, four miles above Fort Nassau. George Jansen de Piapelye, with a few Walloon families, occu- pied a portion of Long Island in the vicinity of Walloon's Bay. Clmrtcr to Sir Forilinando Gorges and his associ.ites. — The West India Ccmp.iny. — Colonization of New Netherlands. — Cornclissen Jacobsen May the first director. — Settlements at Manhattan. — Fort Orange and Long Island. DISCOVERIES AND SETTLEMENTS. 19 Reinforced by other accessions to their number, the Manhattan settlement in 1625 amounted to some two hundred persons, and the work of colonization was fairly commenced. May was suc- ceeded in the directorship in 1625 by William Verhulst, who remained, however, only for about one year. CHAPTER II. Administration of Peter Minuit. — Purchase and Settlement OF Manhattan Island. 1. In May, 1026, Peter Minuit airived at New Neth- erlauds as Director-General, and immediately effected the purchase of the island of Manhattan, of the Indians, for goods and trinkets to the value of si.\ty guilders, or about tii-entij-fnur dollars. An interchange of friendly relations was established with the English settlement at Plymouth, and ar- rangements for a mutual trade were entered into. In 1028 1628 a church was organized with fifty communicants, under the auspices of Jonas Michaclius, a clergyman from Holland. The colony grew apace, and the traffic in furs with the surrounding Indian tribes was, fur a time, quietly, industriously, and profit- ably pursued by the incipient colony. 2. The germs of future trouble soon, however, began to make their appearance. The murder of a Westchester Indian, who had visited the settlement for the purpose of trade, by three of ilinuit's form servants, had aroused a spirit of revenge which awaited only a fovorable opportunity for its gratification. Not- withstanding the foct that the authorities at Manhattan were entirely ignorant of the commission of this rash outrage, and disclaimed all participation in it, the native tribes sullenly brooded over the unprovoked injurj', and patiently bided their time for a bloody retribution. 3. In the mean time, the slow growth of the colony i629. Peter Minnit. — Purchase of Manhattan Islnnd. — Estahlishmont of friendly relations with the Enirlish colonists at Plymonth. — Organization of a church. — Murder of a 'Westcliester Indian. 20 SECOND PERIOD. induced the States-General, on the recommendation of the Assembly of Nineteen, to adopt an ordinance granting to any member of the Company who should within four years estab- lisli a colony of fifty persons, exclusive of children under fifteen years of age, the privilege of selecting, with the title of Patroon, a tract of land, outside of the island of Manhattan, sixteen miles in length on one side, or eight miles on each side of any naviga- ble river, and extending as far inland as the proprietor should choose. 4. The sole conditions, except that of colonization, imposed upon the grantees were : satisfaction to the Indians for the lands selected, the maintenance of a minister and schoolmaster, and the payment of a duty of five per cent on all trade carried on by them, exclusive of that in furs, which the Company re- served to themselves. The Company on their part agi'eed to strengthen the forts at Manhattan, to protect the colonists against all attacks from the Indians or English, and to supply them with a sufficient number of negro servants for an indefi- nite period of time. This was the first introduction of slavery into the province. 5. The Company also encouraged the emigration of individual settlers by offering them the grant of as much land as they could cultivate, with an exemption from taxation for ten years ; precluding them, however, as well as the settlers under the Pa- troons, from any voice in the government of the colony, and from the manufacture of any linen, woollen, cotton, or other cloth. The Patroons were a species of feudal lords, with full powers over their tenants, the appointment of all local officers, and unrestricted privileges of hunting, fowling, and fishing. 6. Under these grants large tracts of land on each side of the Hudson, including the present counties of Albany and Rens- selaer, were secured by Kilian Van Rensselaer, a director of the Company, under the title of Rensselaerwyck ; and another di- rector, Michael Pauw, appropriated Stateu Island and a large tract in Xew Jersey, including the present Jersey City and Hoboken, to which he gave the name of Pavonia. A large por- Grants of territory to Pjitvoons and other settlers. — Introduction of sla- very. — The Rensselaerwyck Patroons. DUTCH GOVERNMENT. 21 tioti of the manorial estate conferred npon Van Rensselaer still remains in the possession of his descendants, and the descend- ants and successors of the original tenants, held by them under nominal rent charges. 7. The settlement at Manhattan in the mean while continued in a prosperous condition ; its internal and foreign conmicrce was steadily increasing ; a large vessel of eight hundred tons was built and despatched to Holland ; settlements on the Brook- lyn sliore and in the interior of Long Island were springing up ; and immigrants of every shade of religious faith, attracted by the liberal inducements offered by the Dutch Government and by the free toleration of their theological opinions, were flocking to the settlements. 8. A controversy having arisen between the Company and the Patroons, originating in the interference of the latter in the fur-trade, from all participation in which they were excluded by the terms of their charter, Minuit, who was sus- pected of favoring their pretensions, was in 1G32 recalled. The ship in which he had embarked for Holland having been detained on her return voyage by the English authorities at Plymouth as an illegal trafficker in English goods, a correspondence ensued between the representatives of the two governments in reference to their respective claims to the title of the New Netherlands. 9. On the one hand, the Dutch relied npon the discoveries of Hudson ; the subsequent immediate occupation of the territory by themselves, ratified and confirmed by charter ; the establish- ment of forts and garrisons for its protection ; the purchase by them of the laud from the natives, and the failure of the Eng- lish to occupy any portion of the territory claimed. The latter relied upon the prior discovery of Cabot, and the patent to the Plymouth Company granted by James J., covering the teiritory in question, — ignoring and denying the validity of any title procured from the Indians, who had themselves a mere posses- Borv claim, — and offering to permit the continued occupation of the province by its present colonists, with a full guaranty of all their rights of property and person, on condition of the transfer of their allegiance to the English Crown. Progress of the colony at Manhattan. — Controversy between the Corn- pan}- aufl Patroons. — Recall of Minnit. — English claims. 22 SECOND PERIOD. 10. A definitive settlement of the controversy was, however, deferred to a future period, and the vessel released. Minuit subsequently returned to America during the administration of Governor Kieft, and, under the auspices of Queen Christina of Sweden, laid the foundation of a Swedish colony on the Dela- ware River by the erection of a fort, which ke named after his royal patroness, where, in 1G41, he died and was buried. 1633. CHAPTER III. Administration of Wouter Van Twiller. 1. In April, 1633, the new Director-General, Wouter Van TwiLLEE, arrived at Manhattan with a small mihtary force and a Spanish vessel captured on the voyage from Hol- land. Among the passengers were Everardus Bogardus, a cler- gy-man, and Adam Roelandsen, the pioneer schoolmaster of the colony. Van Twiller had previously visited the province with a view to the selection of lands under the patroon grants, and had married a niece of KiUiau Van Rensselaer. With the exception of the influence, and knowledge of the country, thus obtained, he seems to have been thoroughly incompetent to the discharge of the duties imposed upon him. 2. The fort at New Amsterdam, which had been commenced several years before, was completed, a guard-house and bar- racks for the soldiers erected, and a church and parsonage built, under his direction. An angry controversy soon sprung up between Bogardus and the Governor, in which the citizens generally took part, growing out of his administration of the affairs of the province. Bitter recriminations passed between the parties, — the anathemas of the Church were hurled upon the devoted head of the Director, who, in turn, denounced his reverend antagonist, — and the strife was prolonged to the close of his brief administration. Swedish settlement on the Delaware by Minuit. — Erection of Fort Chris- tina. — Death of Minuit. — Governor Van Tiviller. — His character. — Controversy with Bogardus. — Adam Roelandsen. — Uebuilding of the fort. — Erection of a church. DISCOVERIES AXD SETTLEMENTS. 23 3. In the mean time Jacob Eelkins, a foraier agent of the Compuny at Foi-t Orange, who had been dismissed from their employ, arrived at Manhattan as supercargo of an English ves- sel engaged in the fur-trade. The Governor refused to per- mit the vessel to proceed without the production of a suitable license from the Company. Eelkins declined exhibiting his commission, and claimed the right to trade with the natives as an Englishman to whom the territory legitimately belonged, and after displaying the English flag, and firing a salute in honor of the English king, proceeded up the river in defiance of the gims of the fort. 4. Van Twiller immediately summoned a meeting of the citizens at the square before the fort, now the Bowling Green, and after collecting their sentiments, and indulging in much bravado and festive display of loyalty to the government of the Prince of Orange, despatched an armed force to Fort Orange, whither Eelkins had already repaired, erected a tent, and was engaged in trading with the natives. The soldiers proceeded, on their arrival, to demolish his tent, take possession of his wares, and reconduct his vessel to Fort Amsterdam, whence it was sent to sea, with a warning henceforth to cease from intermeddling ■with the Dutch trade. 5. The Governor, soon after entering upon the duties of his administration, had despatched Jacob Van Corlaer and other agents to purchase of the Pequod Indians a tract of land on the Connecticut River, near the present site of Hartford. Upon this tract they built and fortified a redoubt, which they named Fort Good Hope. Against this invasion of their territory the Plymouth and Massachusetts colonies, through Governor Win- throp, sent an earnest remonstrance to Van Twiller, to which he returned a courteous reply, proposing a reference of their respective claims to their several governments. 6. The Plymouth colonists, however, having secured from the Indians a small tract in the vicinity of the fort, sent Lieutenant AVilliam Holmes with a sufficient force to take possession and commence an English settlement on the present site of Windsor. Jacob Eelkins's visit to Manhatt.in. — Defiance of the authority of the Governor. — Van Twiller's proceedings. — Difficulties between the Dutch and English colonists on the Connecticut. 24 SECOND PERIOD. Van Corlaer ineffectually endeavored to oppose their progress, and Van Twiller sent a force of seventy soldiers to dislodge them. The Dutch commander, however, intimidated by their bold bearing, withdrew without any attempt at their expul- sion. 7. Van Twiller met with better success in expelling a band of English intruders from the Virginia colony, who, headed by George Holmes, had taken possession of Fort Nassau. The Governor pi-omptly despatched an armed force to South River, which dislodged the occupants and brought them back as pris- oners to Fort Amsterdam, whence they were returned to Point Comfort just in season to intercept a party of their countrymen intending to join them. This energetic display of spirit secured to the province the undisputed control of the South River colony. 8. After purchasing on his own account, in con- junction with Jacob Van Corlaer and others, a tract of fifteen thousand acres of land, now comprising the flourishing town of Flatlands, to which he afterwards added the islands now known as Governor's, Blackwell's, and Randall's, thus rendering himself the w^ealthiest landholder in the province, he involved himself, with characteristic recklessness and impetuosity, in a quarrel with Van Dincklagen, one of the ablest members of his Council. The latter had complained of his rapacitj', and in re- turn had been deprived of his salary, removed from his ofRce, and sent a prisoner to Holland on a charge of contumac}'. 9. Van Dincklagen made so strong a representation of the in- efficiency and corruption of the Governor, that the States-Gen- eral urged the Amsterdam Chamber to recall him and reinstate his councillor, with which request the Chamber, after some de- lay, reluctantly complied. Prior, however, to his recall, the AVest India Company had effected the purchase of Pavonia from its patroon, which conferred upon them possession of and juris- diction over the Jersey shore and Staten Island. The patroon- ship of Rensselaerwyck was therefore the only property of this description remaining in the province. Invasion of Fort N.iss-iu and its rcconqnest. — Rap.ncity and wealth of Van Tivillcr. — Controversy with Van Dincklagen. — Recall of Van Twil- ler. — Purchase of I'avonia. DUTCH GOVERNMENT. 25 CHAPTER IV. AdMIXISTKATION of WiLlIELM KlEPT. 1. On the 28th of March, 1G38, Wilhelm Kieft ar- rived at Manhattaii as the successor of Van Twiller in the government of the colony. He was a man of considerable energy of character, — irritable, capricious, and injudicious, and wholly deficient in that firmness, prudence, and cool discrimina- tion so necessary to his difficult position. His previous career as a merchant at Amsterdam, and subsequently in the employ of the Government, had been stained with dishonor and criminal rapacity, and his administration of the new duties devolved upon him was a stormy and disastrous one ; marked by the assump- tion of dictatorial powers, and distinguished chiefly for rashness, improvidence, and sanguinary contests with the surrounding Indian tribes. 2. Immediately on his accession he surrounded himself with a Council entirely devoted to his own interests, and obedient in all things to his will. With characteristic activity he set about the reform of a variety of abuses which had crept into the pub- lic service under the lax administration of his predecessor. He prepared a code of laws and regulations strictly prohibiting all illegal traffic under heavy penalties, establishing rigid sanitary observances, and repressing all forms of vice and immorality. 3. He soon became involved in difficulties with the Swedish colonies on the Delaware and the English settlements on the Connecticut. His remonstrances, however, against the intnision of the Swedish settlers on territory claimed by the Dutch, were disregarded both by the colonists and the States-General, who were unwilling to offi3nd so powerful a neighbor ; and he was re- luctantly compelled to turn his attention in another direction. 4. A new charter of privileges was conferred upon the colonies by the Company : restricting the patroon rights of occupancy to four miles of frontage on navigable rivers and eight miles inland ; granting two hundred acres of land to every Wilhelm Kieft. — His character and antecedents. — Reform of abuses. — Code of laws and regulations. — Difficulties with the Swedish colonists. — New charter of privileges. 26 SECOND PERIOD. six settlers who should transport themselves to the colony at their own expense ; giving the right of choosing their own magis- trates to all villages and cities thereafter to be estal)lished ; re- linquishing the monopoly of the Indian trade in exchange for a moderate duty ; and making a liberal provision for individual settlers. The Eeformed Dtitch religion was recognized as the established faith of the province, with full toleration, however, to all other sects ; and no discrimination, except an oath of fealty to the Dutch Government, was permitted to exist between foreigners and other citizens. 5. Attracted by these inducements, the colonization of the province rapidly increased, both from Holland and the New England and Virginia colonies. The cultivation of tobacco was introduced ; new fruit-trees and other flowering plants and garden vegetables were domesticated ; and the internal affairs of the colonists were prosperous beyond any previous experience. Large tracts of land on Long Island in the vicinity of the pres- ent Xcwtown, purchased for the Company by the Governor, were brought into cultivation ; a settlement was commenced at Gravesend by Anthony Jansen Rapclye, the brother of the founder of the Walloon Colony ; and other purchases were made of valuable farms in the vicinity of the cit}'. 6. In the spring of 1640 Kieft, also in behalf of the Company, purchased of the Indians all the remaining ter- ritory comprised within the present limits of Kings and Queens Counties, and De Vries soon after established another colony at Tappan. These were followed in the ensuing year by a colony on the Hackensack River, by Vandcr Voorst, and on all that part of Staten Island not already in possession of De Vries, by Cornelius Melyn. A few scattered settlements had been effected on the eastern part of Long Island, at Southampton. South- old and Greenport, under English grants, and a few years later the towns of East Hampton and Setauket, were founded under the same authority, without any attempts at disturbance on the part of the Dutch Government. 7. An expedition was during this year fitted out at New Haven by George Lamberton, a merchant, with fifty families. Internal prosperity of the colony. — Progress of settlements on Long Island. DISCOVERIES AND SETTLEMENTS. ■ 27 for a settlement on the shores of the Delaware. Touching at Manhattan, the emigi-ants were forbidden by Kieft to prose- cute further their enterprise. They, however, disreiiarded his tlireats, and proceeded on their voyage. Kioft, indignant at this defiance of his authority, organized a force for their sum- mary e.xpulsion ; but, being prevented by Indian disturbances at home, deferred the enterprise until the following year, when with the aid of the Swedes he succeeded in breaking up the set- tlement and sending back the English with their goods to New Haven. Lamberton, who persisted in trading at the South River, was arrested and compelled to pay full duties on his cargo. Demands for satisfaction on the part of the English col- onies, and continued annoyances ensuing from the refusal on the part of Kieft, induced the latter finally to proclaim an ordi- nance of non-intercourse with the Connecticut colony. 8. Negotiations were now opened for the purchase of the ter- ritory in the neighborhood of the Dutch post on the Connecticut River; but all terms being refused, botli parties appealed to their respective governments for redress. The pendency of the civil war in England, however, prevented a settlement of the difficul- ties ; and the English colonists continued for some time longer to harass and disturb their Dutch neighbors. 9. In July, 1G40, Kieft sent an armed force against the Raritan Indians, belonging to the Delaware tribe in New Jersey, for an alleged robbery on Staten Island, by a portion of the tribe. Although these Indians were entirely innocent of the offence, ten of their warriors were ruthlessly slaughtered and their crops and other property destroyed. This severe chastise- ment soon provoked a bloody retaliation. The plantation of De Vries, on Staten Island, was attacked, his dwelling burned, and four of his planters killed. Other outrages speedily followed, and the foundations were thus laid for a vindictive contest, which for a time threatened the extermination of the infant colony. 10. Satisfaction having been refused by the chiefs of the offending tribes, a general declaration of war against the savages was resolved upon. Previously, however, to engaging in active hostilities, Kieft deemed it prudent to convoke a Lamberton's expedition to the Delaware. — Procecdinsrs of Kieft. — Attack upon the Raritan Indians. — Burning of De Vries' plantation. — Indian War. 28 ' SECOyD PERIOD. general council of the principal citizens, who, on the 28th of August, 1G41, nominated a select committee of twelve of their number to act as their representatives. This committee, while making every preparation for the impending conflict, exerted, in conjunction with the officers and agents of the Company, the utmost efforts for the peaceful settlement of the controversy. 11. Kieft, however, succeeded, in the commencement of the ensiling year, in obtaining a reluctant consent from the representative Council for the immediate adoption of vigor- ous measures for the chastisement of the Indians. He at once despatched a party of eighty men up the river, with orders to exterminate by fire and sword the neighboring Westchester tribe, a member of which, in retaliation for a murder committed twenty years before by Minuit's farm servants, had slain in cold blood an unoft'ending citizen, and was protected and justified by the tribe. The Indians, however, on learning their danger, sued for peace, promising to deliver up the murderer. 12. Pending these negotiations, two other murders were com- mitted by the Indians, and satisfaction was promptly demanded by the Governor. In the mean time a band of Mohawks made a descent upon the river Indians, and, after killing and captur- ing many of their number, compelled them to flee for succor to the Dutch at Manhattan. More than a thousand of the hapless fugitives encamped on the Jersey shore at Pavonia, while the residue crossed the river, and appealed to the colonists for pro- tection against their enraged and relentless enemies. A favor- able opportunitj' was thus afforded for the restoration of friendly relations between the settlers and the natives ; but it was frus- trated by an act of wanton and disgraceful treachery and cruelty unparalleled in the annals of civilized humanity. 13. The faction in New Amsterdam in favor of a war of extermination against the Indians, supported by the influence of the Governor, succeeded in obtaining from that officer full authority to avail themselves of the helpless condi- tion of the fugitives thus thrown upon their hospitality, by a gen- eral and indiscriminate massacre. In defiance of the most ur- Formation of a representative eommittee. — E.xpedition against West- chester Indians. — Attack of the Mohawks upon the river tribes. — Massacre of the Indians at Pavonia and Corlaer's Hook. DUTCH GOVERNMENT. 29 gent remonstrances of the leading citizens, at midnight on the 25th of Febriiary, 1C43, this inhuman and revolting outrage was perpetrated under the immediate sanction of the Gov- ernor, and eighty of the Indians .at Pavonia — men, women, and children, surprised in the midst of their unsuspecting slumbers — were despatched by the muskets of their enemies or driven into the river to perish. A similar massacre was at the same time perpetrated at Corlaer's Hook, upon the confiding and unconscious savages there. 14. These atrocious deeds reflect indelible infamy upon the memory of Kieft, who was solely responsible for their commis- sion. Well had it been if the swift retribution for their enor- mity could have fallen only upon him and his inhuman ad- visers and instruments ! All the neighboring tribes immediately concentrated their forces for avenging this outrage upon their brethren, and openly proclaimed an unrelenting war against the devoted colonists. They took possession of the swamps and morasses of the island, lay in wait to shoot down the settlers at their work, to drive off their cattle, bum their dwellings, cap- ture their wives and children, and devastate their possessions. Universal terror prevailed. The white settlements on every hand were attacked, and the colonists were reduced to despair. 15. Overtures of peace, preferred by Kieft, who too late began to repent his rashness, were scornfully rejected. Bitter recriminations passed between his cowardly advisers and him- self ; and the persecuted colonists heaped the most contume- lious reproaches upon his head for his agency in bringing about the deplorable condition in which they found themselves. They even threatened his deposition and arrest as a prisoner, and talked of sending him in chains to Holland. De Vries alone, who had thrown the whole weight of his influence in opposition to the infatuated policy of the Governor, retained the confidence as ■well of the colonists as their maddened opponents, the savages. 16. Early in the spring, however, a white flag approached the fort, and through De Vries and Olfertson, who alone dared to confront the Indians who bore it, an interview took place with the sachems of the surrounding tribes, followed by a treaty providing for a temporary truce. In August the war Indian hostilities. — Indignation against the Governor. — De Vries. 30 SECOND PERIOD. was again renewed, a new representative Council summoned by the Governor, an alliance entered into with the Long Island tribes, and energetic preparations made for offensive military operations, under tlic charge of Captain John Underbill. 1 7. The Indians on their part renewed their savage attacks upon all the neighboring settlements. The outlying farms were ruthlessly sacked ; the plantation of the celebrated Anne Hutchinson on the East River near Hell Gate burned, and her- self, and her whole family, with one exception, murdered ; and throughout Westchester and the adjoining settlements, on Long Island and the Jersey shore, indiscriminate plunders and massacres were of daily occurrence. The sole place of safety for the hunted colonists w^as the fort at New Amsterdam, where some two or three hundred defenders, with their wives and children, were collected to resist the constant attacks of fifteen hundred armed and maddened savages. De Vries, finding him- self ruined, and helpless, notwithstanding his great influence with the Indians, to avert the calamitous results of Kieft's reck- less folly, abandoned the colonj' and returned to Holland. 18. The aid of the New Haven colony was in this emergency unsuccessfully invoked by the Council ; and after an earnest and pressing appeal to Holland for assistance in this their hour of sore distress, the colonists sent out several expeditions against the Indian villages. The chief of one of the friendly Long Island tribes at Hempstead having follen under suspicion of treachery to the whites, Kieft, without any effort to ascertain the truth of the charge, despatched a force of one hundred and twenty men with orders to exterminate the tribe. These orders were promptly carried into effect with circum- stances of revolting barbarity and cruelty. Upwards of a hun- dred waiTiors were slaughtered, and two prisoners, conducted to Fort Amsterdam, put to death with excruciating tortures. 19. Underbill was then ordered with a hundred and fifty men on an expedition against the Connecticut Indians at Cireenwich, who were surrounded at midnight, while celebrat- ing one of their annual festivals, and put to the sword. Truce with the Indians. — Renewal of the war. — Military preparations of the colonists. — Devastations of the Indians. — Murder of Anne Hutch- inson. — Helpless condition of the settlers. — JIassacre of Long Island Indians. — Massacre at Greenwich of Connecticut Indiana. DISCOVKRIES ANU SETTLEMENTS. 31 Nearly two hundred of their number were killed, and the residue forced into their -wigwams, which were immediately fired, and their hapless occupants either burned or shot in their efforts to escape. Eight only, of six hundred men, women, and children, escaped the fearful siaugliter and conflagration. This san- guinary battle virtualh' terminated the war, although desul- tory hostilities continued down to the fall of the succeed- ing year, 1645, when a final treaty of peace and amity was concluded at the Bowling Green, and a day of gen- eral thanksgiving proclaimed. 20. At this period scarcely a hundred men were left on JIanhatt m Island, and such of the neighboring colonists as survived the calamities of the war had been reduced to pov- erty and destitution. Cattle, farms, provisions, and dwellings v.-ere destroyed, and everything bore tokens of a long, perilous, and deadly struggle -n-ith an infuriated and savage foe. A re- inforcement of Dutch soldiers, forwarded by Stuyvesant, then Governor of Curacoa, were billeted upon the citizens, and the expense of their clothing supplied by the imposition of an excise tax. Indignant at the enforcement of this additional burden, the Council demanded the recall of Kieft, denounced him as the autlior of the war, and petitioned for the allowance to the citizens of a voice in the municii)al government. 21. Their memorial met with a favorable reception. Kieft was ordered home, new regulations for the gov- ernment of the province were made, and its administration confided to new hands. On his outward voyage, the late Gov- ernor perished by shipwreck, leaving behind him a melancholy record of abused power and perverted opportunities of useful- ness. With him -n-ere two of the members of the Council, un- der sentence of banishment by the now Director on charges preferred by Kieft, and Dominie Bogardus, who w^as on his way to answer similar charges prefeiTcd by the new Council. The two former were rescued and sulisequently returned with honor to the colony. Bogardus and eighty others, including the Gov- ernor, went down with the ill-fated vessel. Treaty of peace. — General thanksgiving. — IJediieed condition of the col- ony. — Arrival of reinforcements. — Excise tax. — Indignation of the citi- zens. — Recall and death of KicfL New Amsterdiim iii 1G06. 1647. CHAPTER V. Administration op Petek Stuyvesant. 1. Peter Stuyvesaxt, the newly appointed Director, took possession of the government on the 11th of May, 1647. On his arrival he was greeted with a hearty and cor- dial reception by the citizens^ to which he responded by recip- rocal professions of interest and regard. He had for several years been in the Company's service as Director of their colony at Curacoa, and was distinguished for his energy and bravery. Having lost a leg in an attack on the Portuguese settlement at St. Martin's,, he had been obliged to return to Europe for sur- gical aid, whence, still retaining his former commission, he was sent to the charge of the Province of New Netherlands. 2. Immediately on his accession he organized a representative Council of nine members from a list of eighteen presented to him by the inhabitants of the province, and gave his assent to Peter Stuyvesant. — His reception, antecedents, and character. Bentative Council. -Repre- DCrVH GOVERNMEST. 33 various important provisions for the regulation of trade and commerce. By a conciliatory and just treatment of the Indians so recently in revolt he speedily gained their affection and good- will, and by his judicious measures for their mutual protection restored peace and hai-monj' among all classes. 3. To adjust the controversy which was still pending between the Dutch and English governments respecting the territory claimed by each on Long Island and at the mouth of the Con- necticut River, Governor Stuyvesant assented to the appointment of two arbitrators on each side, who assigned to New England all that portion of Long Island comprising the present Suffolk County, and all that portion of Connecticut situate east of a specified line nowhere less than ten miles east of the Mauritius or Hudson River. The Dutch remained in possession of their territoiy at Fort Good Hope. 4. The terms of this arrangement were very unacceptable to the people of the Manhattan colony, who loudly complained of the Governor's course, accusing him of partiality to the English interest and injustice to their own. They demanded, moreover, an independent municipal government, such as had been bestowed upon the neighboring settlement at Brooklyn, the principal pro- visions of which were copied fi"om those of the cities of Holland. 5. On the 4th of April, 1652, this petition was acceded to by the Company, and a burgher government estab- lished at ilanhattan, consisting of a fiscal agent, to be appointed by the Company, and two burgomasters and five inferior magis- trates elected by the people, who were to form a municipal court of justice, subject to the appellate jurisdiction of the Supreme Court of the Province. 6. Constant intrigues, in the mean while, were in pro- gress between the New England colonies and the English settlei-s on Long Island, covertly fostered by the English Gov- erameut under Cromwell, having for their ultimate object the conquest of the Dutch province. Stuyvesant was accused of Regulations for trade .ind eommorcc. — Treatment of the Indians. — Adjustment of boundaries between the New Enjiland and Putcli colonies. — Diss.itisfaction of the people. — Establishment of burgher governments at Manhattan and Brooklyn. — Intrigues of the English for the conquest of the province. 3 U iSECOND PEIUOU. haring plotted with the Narragansett Indians for the destruction of the English. This charge was indignantly denied, and was wholly unsupported by proof ; and the General Court of Massa- chusetts discountenanced all efforts to involve the two colonies in war. Cromwell, however, was induced to fit out an expedi- tion against Xew Amsterdam, wlien the restoration of peace be- tween England and Holland put an end, for the time being, to all further proceedings in this direction. 7. With a view, however, to counteracting the growing in- fluence of tlie English settlers, increased municipal powers were bestowed ujion the several corporations on Long and Manhat- tan Islands, and the demands of the inhabitants for a more extended participation in the government acceded to by Stuyve- sant, notwithstanding the remonstrances of the Company, and even in opposition to his own judgment. 8. In the ensuing year the Governor, under the direc- tion of the Company, reconquered the Swedish forts on the Delaware from the Swedes who had captured them, and the Dutch Government again resumed possession of the territory, with honorable terms to the inhabitants. 9. During the absence of the troops on this expedition the slumbering hostility of the Indians against the settlers again broke out. A woman belonging to one of the neighboring tribes having, a few years previous, been detected in stealing, was shot by one of the inhabitants of the city ; and the warriors of the tribe availed themselves of the departure of the troops to re- venge the murder. On the morning of the 15th of September two thousand armed savages landed at Fort Amsterdam before daybreak, and spread themselves over the town, on pretence of searching for some missing Indians. 10. Tlie inhabitants, however, suspecting their object, treated them with great civility and succeeded in persuading thom to leave town in the evening and cross over to Govemoi''s Island. They soon returned in force, shot the murderer of the woman and tomahawked another citizen, when they were again forced back to their canoes by the startled inhabitants. Crossing the Hudson, they made a descent ui)on Pavonia and Hoboken, Extension of municipal jjowers. — Reconqucst of the Swedish forts on the Delaware. — Renewal of Indian hostilities. ADitlSlSTRATlON OF PETER STUYVESANT. 35 slaughtering men, women, and children, and burning houses, barns, and crops. Thence they proceeded to Staten Island, where they repeated their merciless and bloody work. One hundred of the settlers were killed, and a still greater number captured, and twenty-eight farms and crops were laid waste. The Long Island settlements were next threatened, and general consternation prevailed. 11. An express was immediately forwarded to the Governor, who at once returned to the city. Instead, however, of pro- ceeding to the adoption of violent measures with his formidable and victorious foes, he prudently resorted to conciliatory coun- sels, kind words, and liberal presents, while at the same time displaying the utmost energy in placing the city on a footing of military defence. Pacified by his gifts and overawed by his display of force, the Indians soon relinquished their prisoners and entered into negotiations for peace. 12. With the restoration of peace, both at home and abroad, the prosperity of the colony rapidly and steadily advanced. The population of New Amsterdam consisted at this period of about one thousand inhabitants, occupying one hundred and twenty dwelling-houses. The average price of the best city lots was fifty dollars, and the average yearly rent of the best houses about fourteen. There being but one public school in the city, and the Governor having declined authorizing the establishment of a private institution, applica- tion was made to the Company for a Latin teacher by several of the burghers who were desirous of giving a classical educa- tion to their children, alleging in support of their request that by this means " New Amsterdam might finally attain to an academy, the credit of which would redound to the honor of the Company." The request was complied with, and a flourishing Latin school established by Dr. Alexander Carolus Curtius, who was soon afterwards succeeded by Dominie ^Egidius Luyck, the private family tutor of Governor Stuyvesant. 13. The continued encroachments of the New England colonies and the long and vexatious controversies respect- Attack upon Pavonia, Hoboken, and Lons and Manhattan Islands.- Prudent conduct of the Governor. — Restoration of peace. — Flourishing condiiion of the colony. 3G SECOND PERIOD. ing the territorial boundaries fixed by conflicting grants of the two governments, occupied a large share of the time and atten- tion of the Governor. In 1664 Charles II. of England granted by letters patent to his brother, the Duke of York, all the ten-itory from the Connecticut River to the shores of the Dela- ware, embracing the entire possessions held by the Dutch. The Duke immediately sent an English squadron under the com- mand of Colonel Ilichard Nicolls, to enforce his claim. The fleet anchored in the bay in August, and demanded the sur- render of the city and government. 1 4. Governor Stuyvesant peremptorily refused to capitulate, and for several weeks resisted the popular clamor for surrender. The evident weakness, however, of the fortifications, and the strength of the dominant English faction, finally induced him reluctantly to yield ; and on the 3d of September, 1664, the English flag was hoisted upon the public buildings. Early in October the government of the colony was transferred to Nicolls, and the names of New Netherlands and New Amsterdam were changed to " New York," and that of Fort Orange to "Albany." Stuyvesant himself, after a brief visit to Holland, returned to the city where so large a portion of his active life had been spent, took possession of his farm, now traversed by the " Bowery," and died in August, 1682. His remains still repose in the vaults of St. Mark's Church, in Tenth Street. 15. Soon after the smrender of the colony to the English, all that portion of New Netherlands now constituting the State of New Jersey was conveyed by the Duke of York to Lord Berkeley and Sir George Carteret, and a separate proprietary government established. The settlements on the Delaware pertained to the New York colony until their purchase by William Penn in 1682, when they were annexed to Pennsylvania ; and Long Island was purchased by the Duke of York, in disregard of the claims of the Connecticut colony, and became annexed to New York, where it has since remained. Staten Island had been purchased by the Dutch Company in 1661 from its owners, and several small settlements on that territory and on Long Island effected. f'ontrovcrsifis respecting boundaries. — Grant of patent to tlie Duke of York. — Arrival of an Enfrlisli fleet, and surrender of tlic colony to Colonel Kicolh. — Death of Governor Stuyvesant. — Tran.sfer of New Jersey. — The Delaware settlements. — Purchase and annexation of Long Island. New York City Hall in 1679, cor. Pearl Street and Coentijs Slip. THIRD PERIOD. ENGLISH GOVERNMENT TO THE PERIOD OF THE FRENCH AND INDIAN WAR. CHAPTER I. 1665. Administration op Governors Nicolls, Lovelace, and Andkos. 1. Colonel Nicolls, soon after entering upon his official duties as Governor, remodelled the city charter, changing the form of the municipal government by placing the executive power in the hands of a mayor, aldermen, and sheriif, to be appointed by the Governor. The mayoralty was conferred upon Thomas Willett, one of the first Plymouth emigrants. The power to enact laws and impose taxes was retained in the hands of the Governor and his Council. Governor Nicolls. — New city charter. 38 THIRD PERIOD. 2. The titles of the owners of property throughout the prov- ince under the Dutch Government were formally confirmed by new grants, involving a heavy burden of expense upon the pro- prietors. This, together with the increase of taxation conse- quent upon the organization of a new government, the strength- ening and repair of the forts, and preparations for defence against an apprehended invasion from Holland, rendered the new administration somewhat unpopular; and in 1668, Governor Nicolls asked for and obtained his recall. Hav- ing engaged in a subsequent war with Holland, he was killed in a naval engagement in 1672. 3. He was succeeded in the government of the province by Colonel Francis Lovelace, whose administration proved even more unacceptable than that of his predecessor. To the re- monstrances of the people and their protest against taxation without representation he turned a deaf ear, denouncing their complaints as scandalous and seditious, — fit only to be burned by the hands of the common hangman. " The people," he in- formed them, " should have liberty for no thought but how to pay their taxes." 4. War having been declared in 1672 by England against Holland, the Dutch promptly availed themselves of the opportunity to regain their lost possessions in America. A squadron of five ships was despatched in the summer of 1673 for the reconquest of the province and city of New York. Lovelace, without making any suitable prep- arations for defence, placed the fort in the hands of Captain John Manning, and proceeded to Albany for the settlement of some Indian difficulties in that quarter. 5. On receiving information of the approach of the fleet, he returned to the city, and set about vigorous measures for resist- ance, which, however, were speedily abandoned, and he again left the city. On the 29th of July the squadron made its appear- ance off Sandy Hook, and on the succeeding day anchored at Staten Island. The Governor was again sent for, and Manning hastily made every preparation for defence. Not being seconded Confirmation of Dutch titles. — Recall and death of Nicolls. — Francis Lovelace. — His arbitrary measures. — War between England and Holland. — Despatch of a squadron for the reconquest of New York. ENGLISH GOVERNMENT. 39 in these efforts by the inhabitants, either of the city or province, resistance was apparently hopeless. 6. The city having been summoned to surrender by the offi- cers of tlie squadron, a heavy cannonade was opened against the fort without being returned ; and Captain Anthony Colve, with six hundred men, soon effected a landing, and ranged themselves before the fort preparatory to taking possession of the city. Manning attempted a parley, and ineffectually endeavored to open a negotiation with the commander ; but in the absence of any authority for definite proposals, he was compelled to sur- render the fort, with permission to the garrison to retire with the honors of war. The city was again in possession of the Dutch Government under the name of New Orange ; several of the English soldiers were sent to Holland as prisoners ; and Lovelace returned with the squadron to Europe, leaving Captain Anthony Colve in command of the province. 7. ^Manning was subsequently, on its recovery, tried and con- victed by court-martial for cowardice and treachery, and adjudged to have his sword broken over his head by the executioner in front of the City Hall, and to be incapacitated from thereafter holding any civil or military office in the gift of the Crown. Lovelace was also severely reprimanded by the English Government, and his estate confiscated. There seems no sufficient evidence against Manning to warrant so ignominious a punishment ; but the Eng- lish were smarting under a humiliating defeat, and were little disposed to mete out strict justice to those who in any way had contributed to its infliction. 8. During the brief administration of Colve the city and its de- fences were strengthened and placed upon an effective military footing, in apprehension of an effort for its recapture by the English. The claims of the Dutch to the entire province were reasserted and vigorously maintained. On tlie 9th of February, 1674, however, the territory was restored to the English by the provisions of a treaty with the States-General, and in November subsequently delivered up to their possession. A new patent for the territory, confirming the i^revioiis grant Inefficiency of Lovelace and Manning. — Recapture of the city. — Re- turn of Lovelace to Europe. — Proceedings against Manning and Lovelace. — Administration of Colve. — Restoration of the province to the English. 40 THIRD PERIOD. to the Duke of York, was issued, and Major Edmund Andeos appointed Governor. 9. Thus terminated, at the close of half a century from its commencement, the government of the Dutch over the city and province built up chiefly by their eiforts and maintained by their care. Whatever may have been the defects of their ad- ministration of its internal and external affairs, measured by the more liberal standard of subsequent events, the social and domestic virtues of its primitive inhabitants, their indomita- ble patience and steady perseverance under the most discourag- ing trials and sufferings, and their strict honesty and integrity, simple manners, and blameless lives, have unquestionably ex- erted a powerful influence upon the character and civil and political institutions of the State which they founded. 10. Governor Andros pursued in his government the same arbitrary and oppressive course, under the directions of the Duke, as had characterized the administration of his predeces- sors, — repressing every effort on the part of the people for a share in the public councils, — and availing himself of every pretext for the increase of his power. He attempted the exten- sion of his jurisdiction to the Connecticut River on the east, but, finding the people of that province prepared to dispute his claims by force, abandoned the undertaking. He however succeeded in planting a settlement and establishing a fort in Maine, between the Penobscot and Kennebec Rivers, and in add- ing to his territories Martha's Vineyard and Nantucket, and a small tract between the Delaware and Schuylkill. 11. In 1680 he was summoned to England to answer charges preferred hy the proprietors of the New Jersey Government, of interference with their privileges. On his ac- quittal he again returned, with renewed instructions for the continuance of his oppressive measures. The resistance of the people, however, and the counsels of the celebrated William Penn, induced the Duke to modify his pretensions; and in 1683 Andros was recalled, and Colonel Thomas Dongan ap- pointed as his successor, with instructions to convoke a popu- lar Assembl}'. General characteristics of the Dutch Government. — Arbitrary measures of Andros. — Accession of territory. — Charges by New Jersey proprietors. Kecall of Andros. — Thomas Dongan. — Concessions of the Duke. ENGLISH GOVERNMENT. 41 CHAPTER II. Admixistkahon op Thomas Dongan. 1. In accordance -with his instructions, Governor DoN- GAN, immediately upon his arrival, directed the call of a representative Assemblj', which, consisting of ten councillors and seventeen representatives chosen by the people, and pre- sided over by himself, convened in the city of New York, on the 17th of October, 1G83. The first act of this body was to frame a Charter of Liberties, vesting the supreme legislative power in the Governor, Council, and people, in general assem- bly, conferring the right of suffrage on the freeholders without restraint, and establishing trial by jury. 2. The imposition of any tax without consent of the Assem- bly, the quartering of soldiers or seamen on the inhabitants against their will, the declaration of martial law, or the ques- tioning of any person professing faith in God, hj Jesus Christ, for any differences of opinion in religious matters, were prohib- ited. Assemblies were directed to be convened at least trienni- ally, and the delegates were apportioned according to population, for which purpose the province was divided into twelve counties, with twenty -one representatives, which number was afterwards increased to twenty-seven. 3. The Duke of York having succeeded to the Eng- lish throne imder the title of James II., many arbitrary exactions were again imposed upon the colony, — representa- tive governments discouraged, freedom of the press prohibited, and a general feeling of insecurity induced. Strong efforts were made for the introduction of the Roman Catholic religion against the convictions of the people. All the offices of govern- ment, including the highest, were filled by Catholics. Govei-nor Dongan was instructed to favor the introduction of Catholic priests among the Iroquois tribe of Indians ; but apprehensive of the ambitious designs of the French for the extension of their Governor Ponj^nn. — Representative Assembly. — Charter of Liberties. — Accession of James II. — Arbitrary measures of the King. 42 TBIRD PERIOD. influence in this quarter, he eflfectually resisted the adoption of this policy. These tribes continued faithful to the English alli- ance, and successfully defended themselves against the invasions of the French. 4. During the past twenty years, the confederated Iroquois tribes, availing themseh-es of their knowledge of the use of fire- arms, acquired from their intimacy with the Dutch colonists, had renewed their hereditary warfare with the Hurons, defeated and extirpated the Eries, south of the lake of that name, and ob- tained a complete ascendency over all the hostile tribes from the Kennebec to the Mississippi and Missouri Rivers. 5. They had, moreover, held at bay the French forces in Canada ; thrice repelled with severe loss the invasions of Cham- plain, and in their turn attacked the territory of New France. Though defeated and repulsed in this undertaking, they con- tinued their hostilities in the face of the utmost power of the French authorities, — disregarding all efforts at conciliation, and declining the mediation even of the Jesuit missionaries, with whom they were on the most friendly terms, — until they had obtained an unquestioned superiority, and had even laid siege to Quebec. 6. The English colonies, in the mean time, had strengthened and confirmed their alliance with the tribes, notwithstanding the explicit instructions forwarded from the home government to preserve friendly relations with the French. In 1684 a coun- cil of chiefs and warriors met the governors of New York and Virginia at Albany, where the " pipe of peace " was smoked, the hatchet permanently buried, and the chain of concord brightened and its links firmly riveted. The arrival of a mes- senger from De la Barre, the French governor of Canada, had only the effect of confirming their resolutions, and stimulating their hostility to their ancient enemies. 7. De la Barre, immediately on his return, set in motion a formidable army of six hundred French soldiers, four hundred Indians, and seven hundred Canadians, with the view of attack- ing the English fort on the southern shore of Lake Ontario ; Adhesion of the Iroquois to the English, and resistance to the French. — Conquests of the Iroquoi-;. — Alliance with the English. — Council at Al- banv. — Invasion of the French. ADMIXISTRATION OF THOMAS DONG AX. 43 but, after crossing the lake and disembarking his troops, he found himself compelled by the unhealthiness of the season and his fruitless efforts to encounter his foes to oiFer terms of peace, which were liaughtily accepted, and he was allowed to depart, leaving his allies at the mercy of their implacable ene- mies. 8. He was succeeded in his command in the ensuing year by Denonville, with a reinforcement of French troops. The at- tempt to establish a fort at Niagara was resisted by Governor Dongan, who claimed the entire territory south of the Great Lakes as belonging to England, and was rendered futile by the active and watchful hostility of the confederated tribes. 9. In 1687, Lamberville, the missionary to the Onon- dagas, was employed by the French to decoy the Iroquois chiefs into Fort Ontario; where they were arrested, put in irons, sent to Quebec, and from thence to Europe, and chained to the oars in the galleys at Marseilles. Lamberville, as the uncon- scioiia instrument of this treachery, was protected by the chiefs of the tribe from the vengeance of the warriors. 10. In the mean time the Seneca country was overrun by the French troops without serious resistance, and a fort erected at Niagara. The Senecas and the Onondagas in their turn made a descent upon the fort ; and peace was finally proposed, through the mediation of Dongan, on condition of the ran- som of the French prisoners, the restoration of the spoils taken from the Senecas, and the destruction of the fort. These prop- ositions having been rejected, the Iroquois flew to arms, and twelve hundred warriors immediately started for Montreal. This display of energy on the part of the tribes secured the ac- ceptance of the terms proposed, and the abandonment by the French of the entire region south of the Great Lakes. 11. Governor Dongan, in the mean time, having be- come obnoxious to the English monarch by his undis- guised efforts in favor of the Protestant interests of the prov- ince against the intolerant policy of the King, was recalled, and Fr.\xcis Nicholson, the deputy of Sir Edmund Andros, who F.iilure of De la Barre. — Denonville. — Lamliorville's treachery. — Fort at Niagara. — Mediation of Donpan. — Abandonment of the Iroquois country by the French. — Recall of Dongan and appointment of Nicholson. 44 THIRD PERIOD. had been commissioned as Governor both of New England and of New York, assumed, in August, 1688, the temporary charge of the government. 12. Intelligence was, however, soon received of the abdication of James II. and the succession to the Eng- lish throne of William and jMary, the Prince and Princess of Orange. Under these circumstances the authority of Nicholson as the representative of the deposed king was questioned bj' a large portion of the inhabitants of the city and province ; and the respective adherents of the late and present sovereigns, stimulated by tlieir religious dissensions and their political views, ranged themselves into parties known as democratic and aristocratic. 13. On the one hand it was contended that the change of government in England in no respect affected the existing con- dition of affairs in the province, and that the commission to Andros by James, and the delegation of his power to Nicholson, remained unrevoked, and in full force, until the pleasure of the new monarchs should be known. On the other hand it was maintained that the entire government, including that of the colonies, was overthrown by the revolution ; and that, as no in- dividual was invested with authority in the province, the power reverted to the people, who might designate the proper persons for its exercise until the will of the sovereigns should be ex- pressed. 14. Among the principal adherents to the former of these views were the Governor himself and most of the wealthy and aristocratic of the citizens, including Van Cortlandt, the Mayor, Nicholas Bayard, commander of the city militia, Frederick Philipse and others of the municipal authorities, and members of the Council ; while the great mass of the people, including the officers and members of the five train-bands, under the command of Colonel Bayard, were enthusiastic advocates of democratic opinions. These views were also countenanced by the inhabitants of Long Island, who deposed their magistrates, chose others in their stead, and despatched a large body of militia to New York to seize the fort. Revolution of 1689. — Organization of parlies. — State of parties. ENGLISH GOVERNMENT. 45 15. The popular party -n-as headed by Jacob Leisler, senior captain of the city train-bands, and one of the oldest and wealthiest of the inhabitants, a zealous opponent of the Catholic faith, and a man of great energy and determination of charac- ter. At first he declined countenancing the attempt to gain possession of the fort, where the public funds were deposited ; but this enterprise having been achieved without resistance, he repaired thither with forty-seven men, and was cordially wel- comed by the citizens as their leader. Nicholson in the mean while bad returned to England. CHAPTER III. Admixistbation op Jacob Leislek and Goveknobs Sloughter AND FlETCHEK. 1. Leisler, on entering upon his assumed powers as cap- tain of the fort in behalf of the new sovereigns, proceed- ed at once to strengthen its defences by the erection of a battery of six guns beyond its walls. This was the origin of the pub- lic park since known as the " Battery." In the absence of the Governor, a Committee of Safety, chosen by the citizens, in- vested Leisler with the command of the city and province, while the Mayor and other official dignitaries retired to Albany. 2. In November, Milborne, the son-in-law and private secre- tary of the new commander, was despatched to Albany with an armed force, to secure the recognition of his authority in the northern provinces, as well as to protect them, in the event of such recognition, from the threatened assaults of the Indians in their neighborhood. This enterprise was, however, fruitless, as these provinces declined to sanction his usurpation of power. 3. A despatch from the Prince of Orange was received in December, at the fort, directed to the late Governor, or, in his absence, to such person as might be in charge of the government, empowering him to take the chief command of the province. J.icob Leisler. — The fort and battery. — Committee of Safety. — Op- position in tlio northern portion of the province. — Recognition of the Leisler govpt-nment liy William and Mary. 46 THIRD PERIOD. Under this authority Leisler proceeded to the formal organiza- tion of the executive department, dissolved the Committee of Safety, appointed a council of advisers, and assumed the entire civil and military command of the city and province. 4. In February, 1690, during the war between the English and the French, known in history as " King William's War," a party of some three hundred French and Indians attacked and burned the city of Schenectady on the Mohawk, killed sixty of the inhabitants, who were aroused at midnight from their slumbers, and took thirty prisoners. The imminence of the peril from these deadly onslaughts of their savage enemies induced the speedy recognition, by the northern provinces, of the authority of Leisler, who with their assistance engaged with great vigor in the expeditions against the French and Indians. He organized and fitted out the first man-of-war fleet ever despatched from the port of New York, and actively co-operated with the authorities of Massachusetts and Connecti- cut in an unsuccessful effort for the reduction of Montreal and Quebec. 5. At the commencement of the ensuing year Kich- 1691. . ard Ingoldsby arrived from England with intelligence of the appointment of Colonel Henry Sloughter as Governor, and, without producing any credentials of authority, demanded the surrender of the fort, which was refused by Leisler, who, how- ever, expressed his readiness to yield the government to Sloughter on his arrival. This event occurred in March, and Leisler im- mediately sent messengers to him for orders. These messengers were detained, and Ingoldsby was despatched to the fort with verbal directions for its surrender, which at first were disre- garded, but on the succeeding day complied with by Leisler, who, with Milbome and others, were immediately arrested, and imprisoned, and the two former tried, convicted, and condemned to suffer death iinder a charge of treason. 6. Governor Sloughter long hesitated to enforce this sentence by issuing his warrant for its execution, chiefly on the ground Formal assumption of the administration. — Burning of Schenectady. — Naval expedition against Quebec and Montreal. — Arrival of Injroldsby. — Governor Sloughter. — Refusal of Leisler to surrender the government. — Arrest of Leisler and .Milbome. LEISLER, SLOUGHTER, AND FLETCHER. 47 of its manifest injustice, and the absence of a fair and impartial trial. When, however, all attempts to procure his signature had proved fruitless, the enemies of Leisler and Milborne tooli advantage of a feast to which the Governor was invited in May, to obtain his consent when under the influence of wine, and before his recovery from intoxication the prisoners were exe- cuted, 7. In June the treaties between the Iroquois and the inhabi- tants of the province were renewed at a council held with the chiefs of the confederated tribes at Albany ; a popular Assembly was convened by the Governor, and a liberal constitution formed under his sanction and approval. On the 2d of August, the life and administration of Sloughter were ignominiously brought to a sudden close by a severe attacli of illness induced by in- temperance. 8. He was succeeded by Benjamin Fletcher, a man . . . 1692 of moderate abilities, strong passions, and aristocratic tendencies, averse to religious toleration, and opposed to all popular concessions. He, however, prudently listened to the counsels of Major Schuyler, of Albany, in reference to his treat- ment of the Indian diihculties ; and under the leadership of that gallant and intrepid officer the English and their faithful allies of the Five Nations sig-nally defeated the French in the vicinity of Lake Champlain and drove them beyond the St. Lawrence. 9. In 1693 the first printing-press was established in the city by William Bradford of Philadelphia, who was employed by the city government to print the corporation laws. A few years subsequently, as will hereafter be seen, he estab- lished the pioneer newspaper of the city, an enterprise which proved eminently successful. 10. Governor Fletcher next addressed himself to a vigorous effort for the introduction into the province and city of the Eng- lish Church and the English language. Strange as it may seem, the majority of the inhabitants still spoke the Dutch language. Trial and execurion. — Treaties with the Iroquois. — Formation of a lib- eral constitution. — Death of Sloufrliter. — Accession of Benjamin Fletcher. Defeat of the French. — William Bradford establishes the first printing- press. 48 THIRD PEVaOD. and regarded the Dutch Church as the established Church of the province. They were accordingly naturally averse to any change in these I'espects. 11. The Governor, however, succeeded in procuring from the Assembly, in September, 1G93, an act, the provisions of which, though admitting of a more liberal construction, were inter- preted bj- him as authority for the recognition of the Protestant Episcopal instead of the Dutch Church as the establishment. Under this act Trinity Church was erected and organized in 169G, and opened for worship in February of the ensuing year. 12. In June, 1696, Count Frontenac, then Governor- General of Canada, assembled an army near Montreal for an expedition against the Iroquois, whose animosity against the French had been uniformly displayed since the earliest settlement of the province. His army was composed of the regular troops and such of the Indian tribes as were allies of the French and hereditary enemies of the Iroqviois. With these forces he as- cended the St. Lawrence, coasted the eastern waters of Lake Ontario, ascended the Oswego River, and encamped upon the borders of Onondaga Lake, whence he penetrated into the wil- derness in search of his enemies. 13. Finding their principal village deserted, and discovering no trace of their footsteps, he retraced his march, only to find that his path had been waylaid by his subtle foes, who continued to harass his progress until he had finally crossed their territories. In the following year the war between Eng- land and France was terminated by the peace of Ryswick. 14. At about this period an organized system of privateering on the high seas between Europe and America prevailed exten- sively, and was even believed to be connived at and encouraged by the European governments for the annoyance of the com- merce of their enemies. The American coasts suffered severely from these depredations, which soon assumed the form of piracy with all its attendant horrors. The merchant-vessels of New York were destroyed within sight of the harbor itself, and ships wore boldly seized while lying at anchor near the wharves. Church controversy. — Trinity Church. — Invasion of Frontenac. — Termination ot Kinjr Willi.im's War. — Piratical depredations. ENGLISH GOVERNMENT. 49 15. Repeated and pressing complaints were made to the pro- vincial and municipal authorities, and the suppression of this iniquitous traffic was loudly demanded. But the provincial and municipal authorities were themselves suspected of participating directlj' or indirectly in the profits of these buccaneering expedi- tions ; and among others the Governor himself was seriously implicated. The English Government found itself compelled to resort to vigorous measures for the suppression of these flagrant abuses; and in 1695 Fletcher was recalled, and Earl Bella- mont, an Irish peer, appointed in his stead, with instructions to rid the seas of their piratical occupants. CHAPTER IV. Earl op Bellamost, Lord Corneurt, and Lieutenant-Governor Ingoldsby. 1. It was not until 1698, that the Earl of Bellamont, who was also subsequently commissioned as Governor of Massachusetts, and was distinguished for capacity and integrity, assumed his position as the successor of Fletcher. A stock company for the suppression of piracy was organized in Eng- land under the direct patronage of the King and many of the nobility, and an armed vessel fitted out for this purpose and placed under the command of the celebrated Captain William KiDD, one of the boldest and most successful ship-masters of New York. 2. This vessel, in April, 1696, sailed from Plymouth, England, and, after recruiting at New York, proceeded on its course to the East Indies and Africa. The commander, however, finding his crew favorable to such an enterprise, abandoning his origi- nal undertaking, entered upon a bold and daring career of piracy along the coasts of Malabar and Madagascar, returning to New York in 1698 with an immense booty, large portions of which were concealed on the eastern shores of Long Island. 3. He then proceeded openly to Boston, where he was Fletcher recalled. — Appointment of Earl Bellamont. — Earl of Bella- mont. — Captain KifUl. 4 50 THIRD PERIOD. arrested, by the orders of the Governor, on a charge of piracy and murder, and transported to England for trial, convicted and executed in 1701. His treasures, so far as discovered, were secured by Bellamont, who was himself suspected, although with- out appai'ent cause, of a secret participation in his nefarious enterprises. 4. Lord Bellamont on his arrival attached himself at 1699 once to the democratic or Leislerian party, with whom he was a great favorite, having interested himself in England in the reversal of the attainder against Leisler. On the 18th of May, 1699, a new Assembly was convened, strongly democratic in its composition, which, after receiving assurances of his fa- vorable disposition, voted him a revenue for six years, and passed vigorous acts for the suppression of piracy, and for a general indemnity to State offenders. Under the latter act the fami- lies of Leisler and Milborne were reinstated in their possessions. Their remains were also disinterred with great ceremony and deposited in the Dutch church in Garden Street, attended by an immense concourse of people, including the Governor himself. 5. On the death of Bellamont, which occurred soon after, Lieutenant-Governor Naufan temporarily succeeded to his au- thority. Colonel Bayard, the inveterate enemy and persecutor of Leisler, and the author of the act under which he was con- demned and executed, was himself arrested, tried, and convicted for a similar offence in vilifying the administration of Nanfan, inciting the soldiers to rebellion, and other treasonable acts. He, with John Hutchins, another offender, was sentenced to death, but reprieved by the Governor until the King's pleasure should be known. On the an'ival of Cornbury, however, the newly appointed Governor, he was released, the Leislerian party dis- countenanced, and their opponents taken into favor. 6. Edward Hyde, subsequently created Lord Corn- BURY, assumed in Maj', 1702, the duties of Governor of the combined provinces of New York and New Jersej', the lat- ter having been added to his jurisdiction by surrender of the Political views of Bellamont. — Proceedings of the A.ssomblj'. — Reversal of attaindoi-s of Leisler and Milborne. — Reinterment of their remains. — Death of Bellamont. — Lieutenant-Governor Naufan. — Trial and conviction of Bayard. — Arrival of Cornbury- BELLAMONT, CORNBURY, AND INGOLDSBY. 51 patent of the proprietors. A revenue of seven years was voted him, his salary doubled, and the expenses of his voyage re- imbursed by the Assembly, -which was devoted to his interests. A public dinner was given him, and the freedom of the city formally bestowed in a gold box. The members of his suite, the soldiers of the garrison, and all citizens nnable to purchase their freedom, were also made freemen, with the rights of suffrage, of trade, and of holding office. 7. The corporation of the city, having resolved upon the es- tablishment of a grammar-school, in the absence of any suit- ably qualified teacher in New York directed a petition to be forwarded to the Bishop of London, entreating him to for- ward them a native-bom English teacher, of good learning, pious life and conversation, and good temper. Lord Cornbury's influence in the matter was urgently but ineflfectually requested. It was not until 1 705 that the school was finally established and Andrew Clarke appointed master. 8. The administration of Lord Combury was chiefly distin- guished for its intolerance, licentiousness, dishonesty, and mis- rule. He engaged, in direct opposition to his instructions from the Queen, in a sj-stematic persecution of all religious denomi- nations dissenting from the Church of England, plundered the public treasury, involved himself in private debts, and opposed every effort on the part of the representatives of the people for the security of their rights and the growth of free institutions. He was finally, in 1708, recalled, through the pressure of popular sentiment, and cast into prison by his creditors, where he remained until released by the accession of his peerage, on the death of his father. John Lord Lovelace was appointed his successor, but retained the office a little more than a year, when he died, leaving the government in the hands of Lieutenant-Governor Ingoldsby. 9. In 1709, during Queen Anne's War, a military and naval force of eighteen hundred men was fitted out in the combined colonies of New York and New Jersey, to proceed against Montreal by way of Lake Champlain. The expedition Honor to Lord Cornbury. — Establishment of a grammar-school. — Char- acter of Cornbury. — Lord Lovelace. — Richard Ingoldsby. — Queen Anne's War. 52 THIRD PERIOD. was, however, after proceeding as far as Wood Creek, aban- doned, in consequence of the absence of effective co-operation on the part of England, and mismanagement on that of In- goldsby, who was accordingly removed. In 1711 an- other expedition of four thousand men was organized in these two provinces, in conjunction with Connecticut, to co- operate with an English fleet under the command of Sir Hoven- den Walker in an attack upon Canada, which also proved a failure, entailing upon the provinces, however, a heavy burden of debt, and seriously embarrassing their resources for several vears. CHAPTEK V. EoBERT Hunter, William Burnet, and John Montgomerie. 1. Early in the summer of 1710 Robert Hunter arrived in the province with a commission as Governor, bringing over with him three thousand Germans, natives of the Palatinate, driven from their homes by the persecution of Louis XIV. of France. Several of their number took up their abode in 2sew York City, where they erected a Lutheran church ; others settled upon Livingston's Manor on the Hudson, on the tract now known as the German Flatts ; but the greater part found peitnanent homes in Pennsylvania, where their descend- ants still reside. 2. The new Governor was a man of superior abilities and ex- cellent character ; but, conceiving himself bound by his instruc- tions to support the claims of the Crown, and repress the growing spirit of insubordination in the province, he at once attached himself to the aristocratic party, and strengthened its influence by every means in his power. His Council was selected from the ablest, wealthiest, and most influential men of the colony. He secured the warm support of Lewis Morris, one of the greatest landholders in the combined provinces of New York and New Jersey, the son of Richard Morris, an officer in Expeditions agrainst Caiiarla. — Arrival of Governor Hunter. — German immisrr.nnfs. — Character of Hunter. — His energetic administration. — Lewis Jlorris. ENGLISH GOVERNMENT. 53 Cromwell's army, who had emigrated to America and pur- chased a manor ten miles square, in the neighborhood of Har- lem, to which he gave the name of ]\Ion-isania, and where hia son now resided. 3. The unsuccessful expedition for the conquest of Canada, in which the Governor, with the sanction of '^^^~'^- his Council and the Provincial Assemblies, entered with great zeal and enthusiasm, produced a discouraging effect upon his sub- sequent measures, and seriously impaired his influence with the people. His request for a permanent appropriation for the sup- port of the government was met by a decided and persistent refusal of the Assembly, which could only be prevailed upon to furnish supplies for a single year. The Indian tribes had be- come distrustful and unreliable ; and a rumored insurrection of the negroes had created a riotous panic in the city, resulting in the firing of several buildings, the death of many white citizens, and the arrest and execution of nineteen of the negroes. 4. The war between England and France having been terminated by the treaty of Utrecht, the contest be- '^^' tween the Governor and the Assembly on the question of sup- plies was again renewed, and after a protracted struggle a gov- ernment revenue was secured, independent of the people, for the term of three yeai-s. A Court of Chancery was established and confirmed. Lewis Morris was appointed Chief-Justice of the province, and taxes on British imports and tonnage duties on for- eign vessels were imposed. In 1719 failing health com- pelled the Governor to return to England, leaving the government in the hands of Peter Schuyler, the eldest mem- ber of the Council. 5. During the brief period which elapsed before the arrival of Governor Hunter's successor the affairs of the province were successfully administered by Schuyler, whose long familiarity with public affairs, and especially the high regard in which he was held by the Indian tribes, enabled him to carry on the government to the general acceptation of the people. Expedition airainst Canada. — Effect of its failure. — Contest between the Governor and the Assembly. — Court of Chancery. — Clael' Jnstic-e. — Taxes on imports and tonnage duties. — Return of Governor Hunter to England. — Peter Schuyler. 64 THIRD PERIOD. V He succeeded in completely restoring the relations of amity and concord between the Iroquois and the English, which had pre- viously been seriously interrupted. 6. "William Burnet, son of the celebrated Bishop Burnet of England, arrived ou the 17th of September, 1720, as Governor of the two provinces, and immediately entered upon his duties. He was a man of fine talents, popular in his manners, and frank and upright in all his dealings. The Assembly convened five years previously was retained in oflace, and signalized his ac- cession and complaisance by voting him a revenue for the ensu- ing five years. He took into his counsels, such men as Lewis Morris, Cadwallader Golden, Peter Schuyler, Gerardus Beekman, Abraham De Peyster, and William Smith, through whose influ- ence he succeeded in gaining, and for a considerable period re- taining, the public confidence. 7. To counteract the eflTorts which the French were 1722. secretly making through their agents — the Jesuits, mis- sionaries, and others — to secure a monopoly of the Indian trade along the northern and western frontiers. Governor Burnet, in 1722, with the sanction of the Assembly, commenced the erec- tion of a trading-post at Oswego, with the design of following it up with a line of similar posts extending from the great north- ern lakes to the mouth of the Mississippi. A convention of deputies from the several provinces assembled at Albany, and forwarded to the King a memorial strongly urging the adoption of this policy, which, however, failed to receive the royal assent, and was reluctantly abandoned. 8. A powerful opposition had in the mean time sprung up against his administration, originating in the disaf- fection of a large party of merchants and others interested in the French trading policy ; and the Assembly, imbued with this spirit, had withdrawn its confidence from its former favorite, ,.„- ^'^^ refused the renewal of supplies except for a period of three years. The Governor in 1727 dissolved this body ; Rencw.il of friendly relations with the Indi.m tribes. — Arrival of Gov- ernor Burnet. — His character and popularity. — French missionaries and traders. — Trading-post at Oswego. — Convention of delegates at Albany. — Memorial to the Kinp. — Abandonment of the undertaking. — Opposi- tion to the Governor in the Assembly. HUyTER, BURSET, MONTGOMERIE. 55 but its successor proved still more unyielding and refrac- tor}', and was in its turn dissolved. Through the influence of his persevering enemies Burnet was transferred, on the accession of George II., to the government of Massachusetts, and the law- prohibiting the French trade repealed. 9. During this administration the first public newspa- ^ 1729 per was established in the city of New York, by William Bradford, the government printer, under the title of the New York Gazette. It was published weekly, at first on a half-sheet, increased during the following year to four pages. 10. The successor of Governor Burnet, John Mont- 1728 — 31 gomerie, entered upon his duties on the 15th of April, 1 728, as Governor and Chancellor of New York and New Jersey. He was cordially welcomed by the citizens, presented with the freedom of the city in a gold box, and by the Assembly with a revenue for five years. The principal event of his brief ad- ministration was the grant, in 1730, of a new city charter. He died on the 1st of July, 1731, and was succeeded by Rip Van Dam, the eldest member of the Council, who discharged the duties of the office for thirteen months, when Colonel Wil- liam Cosby, the new Governor, arrived. CHAPTER VI. Adjiimstration op Governor Cosbt. — Trial op Zenoer. 1732. 1. Cosby's administration was tumultuous, despotic, and exceedingly obnoxious to the people. His arbitrary and avaricious disposition kept him in continual collision with the various factions into which the city and province were divided ; and his arrival at a period when liberal principles were i-apidly attaining a decided ascendency, through the agency of the press and public discussion, plunged him at once into the vortex of popular dissension, and prepared the way for those decisive events which culminated in the American Revolution. Transfer of Burnet to Massachusetts. — Repeal of the Prohibitory Act. — Establishment of the first newspaper. — Governor Montgomerie. — Rip Van Dam. — William Cosby. 56 THIRD PERIOD. 2. His first act was the production of a royal order directing an equal division with himself of the salary of his immediate predecessor, "Van Dam, during the brief period of his temporary administration. The latter expressed his assent to this arrangement, on condition that Cosby should reciprocate b}' an equal participation of the perquisites received by him since his appointment and previous to his assumption of office. In this demand he was supported by the popular voice, which refused to recognize the justice of heaping pecu- niary emoluments upon favored foreigners, while depriving native-bom officers of their vested riglits. 3. Legal proceedings were accordingly instituted in the Su- preme Court of the province by Cosby against Van Dam for the recovery of the amount claimed. As the Governor himself was, by virtue of his office, chancellor, and two of the other judges, De Lancey and Philipse, his personal friends, exceptions were taken by the counsel for the defence against the jurisdic- tion of the court. A majority of the jvidges, however, against Chief-Justice Morris, overruled the exceptions, and directed the payment to Cosby of half of Van Dam's salary. Morris was promptly removed from office, and Do Lancey appointed in his place, without even the formality of consulting the Council. 4. These high-handed and arbitrary proceedings of the Governor roused the public indignation to a high pitch. The popular discontent at first vented itself in squibs, lam- poons, and satirical ballads, levelled against the aristocracy, which speedily culminated in systematic attacks, through the columns of the New York Weekly Journal, edited by John Peter Zenger — against the Governor, Council, Assembly, and Court, arraigning them in the strongest terms for a violation of the liberties, rights, and privileges of the people, for the tyran- nical assumption of arbitrary and despotic power, and for the perversion of their official stations to purposes of personal re- sentment and private emolument. 5. The Coimcil in November, 1734, ordered these papers to be burnt by the hands of the common hangman, and a few day Controversy with Van Dam. — Proccodinfrs in court. — Arbitrary meas- ures of Cosby. — Popular discontent. — John Peter Zenger. EX GUSH GOVERNMENT. 57 afterwards Zenger was arrested and imprisoned on a criminal charge for publishing a seditious libel against the government. The grand jury having refused to find a bill of indictment for this offence, an information was, in Januarj', 1 735, filed against the prisoner by the Attorney-General, and after a protracted confinement he was brought up for trial on the 4th of August, 1735. His friends in the mean time, and an association known as the "Sons of Liberty" for the protection and advocacy of popular rights, had secured the services of the vener- able Andrew Hamilton, of Philadelphia, then eighty years of age, but in full possession of all his faculties, as counsel for the defence. 6. This remarkable trial took place in the City Hall, before the judges of the Supreme Court, James De Lancey presiding as Chief Justice, Philipse as Judge, and Bradley as Attorney- General. The court-room was crowded to excess by an anxious and excited auditory, and the unexpected appearance of the venerable and eloquent counsel for the prisoner added intense interest to the scene. The plea of " Not guilty " having been interposed, and a jury impanelled, the publication of the alleged libel was boldly admitted, and full proof of its justification offered. The Attorney-General, however, resisted the introduc- tion of this proof, on the ground that in a criminal proceeding for the publication of libellous matter the truth of the facts alleged was inadmissible in evidence. This objection was sus- tained by the Court. 7. Hamilton then proceeded to address the jury, and in an eloquent and brilliant speech confuted the assumption of the Court that " the greater the truth, the greater was the libel " ; insisted that the jury were themselves the judges, not only of the facts, but of the law ; that it was their peculiar province to pass upon all the circumstances and bearings of the alleged offence, and to determine for themselves its innocence or guilt ; that they were the sworn protectors of the rights, liberties, and privileges of their fellow-citizens, violated in this instance by a most outrageous and vindictive series of persecutions ; that it was for them to interpose between the tyrannical and arbitrary viola- tions of law and justice and their intended victim ; to assert Prosecution for libel. — Trial of Zenger. 58 TUIRD PERIOD. and uphold the freedom of speech and of the press, and to vin- dicate by their verdict the supremacy of the people over their ■wanton and powerful oppressors. 8. Notwithstanding the reiterated charge of the Court that they were judges of the facts only put in issue, and not of the conclusions of law upon those facts ; that the truth of the alleged libel was a matter wholly beyond their jurisdiction ; and that its publication having been admitted, and all evidence of the facts excluded, it was their imperative duty to convict the prisoner, the jury, after a brief deliberation, unanimously returned a verdict of " Not guilty." Amid the irrepressible ap- plause of the vast crowd of spectators Hamilton was borne in triumph from the hall, and conducted to a splendid entertain- ment prepared for his reception. A public dinner was next day given him by the citizens, the freedom of the city presented by the corporation, and his departure signalized by the highest and most distinguished honors. 9. Thus terminated this exciting and important trial by the complete triumph of the popular cause, — the vindication of the right of the public press to pass upon the conduct of the public authorities, and to criticise, with entire freedom, their official proceedings, — and the assertion of the unalterable determination of the people to protect their champions and the defenders of their rights against all the assaults of power, and the machina- tions of tyranny and oppression. The organization effected for the successful accomplishment of these great objects was per- petuated and strengthened for the attainment at no distant period of a still more signal and important triumph. 10. Cosby, however, notwithstanding the severe repulse he had received through the acquittal of Zenger, still persisted with unyielding pertinacity in his arbitrary and rapa- cious proceedings. He directed a resurs'ey of the grants and patents of land in the province with the view of adding to his revenues by the fees, and destroyed several important documents intrusted to him for this purpose. His death on the 10th of March, 1736, put an end to his further proceedings ; not, how- ever, until he had once more signalized his inveterate hostility Acquittal of Zenger. — Oppressive proceedings of Cosby. CLARKE, CLINTON, OSBORNE, ETC. ftc, to the people by the suspension, through his Council, of his former antagonist, Rip Van Dam, who, as the oldest member of the Council, -n-ould have been entitled to the administration on his decease. CHAPTER VII. Administration op Geokge Clarke. — Negro Plot. — Admiral Clinton. — Sir Danvers Osborne. — James De Lancey. Sir Charles Habdy. 1. George Clarke, the next in succession, was in- ducted into office by the Council, and on the 14th of ^^^^' October subsequently received a commission from England em- powering him to act as Lieutenant-Governor until the ai-rival of Cosby's successor. He endeavored to ingratiate himself with both the aristocratic and the popular party. The Assembly was dissolved, and a new one called, which met in the ensuing sum- mer, but could not be prevailed upon to grant a revenue for a longer period than one year. This precedent was thereafter steadily acted upon by the assemblies subsequently convened. The only act of importance passed during the session was one disfranchising the Jews residing in the province. 2. At this period New York City contained about ten thousand inhabitants, nearly one fifth of whom were negro slaves. Both the Dutch and English governments had sys- tematically encouraged their importation into the colony, and the principal merchants of the city had engaged in the traffic as a prominent branch of trade and source of profit. The most striugent regulations for their control and subordination were enacted, and every transgression was severely punished ; but their great number, thievish propensities, and occasional acts of insubordination, rendered the community sensitively alive to the possible dangers which might arise from their presence. This pervading feeling of insecurity required only a slight provocation to ripen into a general panic. rnsliy's do.ith. — Kxclusion of Viu\ Dam. — Georcc Clarke, Licutcnant- Govpriior. — nirjsoliition of Assembly. — Disfranchisement of the Jews. — Slavery in New York. 60 THIRD PERIOD. 3. A trifling robbery which occurred in March, 1741, in the house of a merchant, and which was traced to some of the ne- gi-oes, followed soon after by a series of incendiary fires in dif- ferent qixarters of the city, created a general alarm, and so in- flamed the public mind, that numerous an-ests were made, and a searching investigation instituted by the authorities, which, however, failed in discovering any reliable traces of the guilty perpetrators. Heavy rewards were offered by the Common Coun- cil for their arrest and conviction, together with a full pardon to anj' of their number who would reveal his knowledge of the conspiracy and denounce his associates. Many of the inhabi- tants removed their goods from the city, and every effort was made to obtain the faintest clew to the guilty authors of the outrages. 4. The Supreme Court of the province was specially con- vened for the investigation of the matter, and a grand-jury con- sisting of the principal inhabitants of the city charged with its consideration. Great numbers of witnesses were examined, and on the testimony of a negro girl, Mary Burton, who had been promised a full pardon, several of the negroes implicated by her were arrested, and, notwithstanding their terrified efforts to se- cure safety by criminating their innocent associates, were con- victed and executed. 5. Other informers speedily appeared, and fresh victims to the popular f\ny were immolated in great numbers and in quick succession. The populace, maddened by excitement and thirst- ing for revenge, stimulated the authorities in the prosecution of their hasty inquiries, and even refused to permit any interfer- ence on their part with the fate of the condemned, even when, by a compliance with the terms of pardon, they had entitled themselves to immunity. 6. The general fury and panic, unappeased by the wholesale sacrifice of the negroes, soon extended to the white population. John Ury, a reputed Catholic priest and schoolmaster, was de- nounced by the girl Mary Burton, and notwithstanding his pro- testations of innocence, and the absence of all rational proof of guilt, was summarily condemned and executed. His arrest was Ori<.'in of the negro plot. — Investigation \>y tlic authorities. — Public informers. EXGLISH GUVERNMENT. 61 the signal for the implication of others of the whites ; and the reign of terror -was fearfully inaugurated thronghoiit the city. The prisons were rapidly filled with the miserable victims of the popular delusion ; and so great was their number that infection was averted only by the frequency of executions when pardons could not be effected. 7. From the Uth of Hay to the 29th of August, the day of the execution of Ury, one hundred and fifty-four negroes were committed to prison, fom-teen of whom were bnrnt at the stake, eighteen hanged, and seventy-one transported. During the same period twenty-four whites were imprisoned, four of whom were executed. The implication by Burton of some of the principal inhabitants who were known to be innocent served to sober down the popular excitement, and restore the community to its wonted composure. The prisons were cleared, a day of general thanksgiving proclaimed, and the ordinary channels of business again resumed. 8. Upon the most candid and impartial survey of all the facts, no substantial justification seems to be afforded for the merciless persecution of the hapless victims of this terrible period. Both informers and witnesses were of the lowest and vilest character, their testimony vague and contradictory, and their inducements to falsehood strong and powerful. Nothing but the irrational panic pervading all classes could have attached any serious weight to the incredible and inconsistent statements of these frightened wretches, driven to perjury by the imminent fear of death, and encouraged in their successful devices by the applause of the terrified multitude. The whole fearful drama seems but a repetition, on a somewhat smaller scale and hum- bler sm-rounding, of the celebrated Titus Gates Plot ; and the S(jle excuse for the harsh proceedings of the public authorities consists in their inability in the midst of the prevailing panic to discover the real authors of the crimes originally perpetrated. 9. In September, 1743, Lieutenant-Governor Clarke was superseded by Admiral George Clinton, father of the Sir Henry Clinton who commanded the British troops during the subsequent Eevolution. He met with a favorable reception, Reign of terror. — Number of tliR victims. — T^tid of (!iO c:;citcment — - Summary of the evidence. — Admiral George Clinton. 5 62 THIRD PERIOD. received the usual vote of supplies, coincided with the Assembly in all its measures, — among which was one limiting its term and that of its successors to a period of seven years, — and co- operated with that body in fitting out an expedition for the con- quest of Canada, in the -war then pending between France and England. Ho soon, however, became involved in a collision be- tween the two leading political factions headed by De Lancoy and C'olden, which occasioned him no little vexation and embar- rassment during the remainder of his term. 10. In 1748 he ineffectually urged upon the Assem- bly an appropriation for the sxipport of the government for five years, with the view of again rendering the executive independent of that body. Soon afterwards he made himself obnoxious to the popular party by refusing to sun-endor for trial the captain of an English war-vessel which had fired upon a colonial vessel, killing one of its passengers, for omission to lower its flag in passing, as required by the regulations of the home government. The persistent refusal of the Assembly to comply with his reiterated demands for a permanent revenue, and the powerful opposition ho encountered from all classes of the people, finally induced him, after proroguing the refractory Chamber, to tender his resignation and abandon the govern- ment. 11. He was succeeded on the 7th of September, 1753, by Sir Daxvers Osborne, with instructions for the main- tenance of the royal prerogative, and the demand of a per- manent revenue, to be disbursed solely by himself and his Council. On assuming the government, the corporation of the city presented him with an address of congratulation, at the same time expressing the hope that he would be as averse to countenancing, as they should be to pei-mitting, any infringe- ment upon their civil or religious liberties. A magnificent entertainment was given him bj"- the city, accompanied with the strongest manifestations of popular regard. 12. A few days afterwards the Council was convened and the Governor's instructions were laid before them. On being informed ^)J them that the Assembly would miquestionably refuse obedi- Dissen^ions with the Assembly. — Popular discontent. — Resignation. — Sir Danvcrs Osborne. — His reception. — Proeeeilings of tlie Council. DE LANCEY AND HARDY. 63 ence to the royal commands, he appeared deeply dejected ; and on the ensuing morning his body was found suspended by a handkerchief from the garden-wall of his lodgings. He had previously been subject to derangement, owing to domestic losses, and had once before attempted his life. By his death the government devolved upon Lieutenant-Governor James De Laxcey, who, by his recent persistent and successful opposition to the demands of the Crown, had rendered himself highly popular. 1 3. A striking change had occurred in the relative position of parties. The aristocratic faction, headed by De Lancey, Col- den, Van Rensselaer, Philipse, Heathcote, and others, had now become the popular leaders, while their former opponents had ranged themselves under the roj'al banner. Hence the position of the new Governor was one of peculiar difficulty. Compelled by the instructions of his predecessor to carry out the policj' of the Crown, he foimd himself at the same time pledged, as the leader of the popular party, to a policy diametrically opposite. While, therefore, he fulfilled the letter of his instructions by lay- ing them before the Assemblj', he at the same time urged upon the home government the propriety and necessity of concessions to the popular will. 1-4. In September, 1755, Sir Charles Hardy arrived at Kew York as Governor, and was received with the usual honors. De Lancey resumed his seat as Chief-Justice ; but Hardy, fully conscious of his own deficiencies in the new and un- accustomed field of action which had been assigned him, aban- doned all but its nominal duties to his predecessor, and by his return to England and resumption of his post in the navy, left the government again in his charge. Suicide. — Accession of Lieutenant-Governor De Lincpy. — His policy and its results. — Sir Charles Haid)-. — His abandonment of the government and return to England. Ruins of Fort Ticonderoga. FOURTH PERIOD. FROM THE FRENCH AND INDIAN WAR TO THE REVOLUTION. 1753. CHAPTER I. Admisisthation- of Lteutenant-GoternorDe Lancet. — Campaigns OF 1754, 1755, AND 1756. 1. After the capture of the Fortress of Louisburg, on Cape Breton Island, then (1745) in possession of the French, by the English fleet under Commodore Wai-ren, and the combined colonial forces under William Pepperell, — a blow rendered the more severe by the vast expense and great strength of the works, — the French entered upon a course of vigorous operations to concentrate and extend their power in America, in opjjosition to the efforts of their hereditary enemies, the English, Projiai-ntions of the Frcncli for opposing the extension of the British power in America. THE FREyciI AND INDIAN WAR. 65 ■n-ho had alreadj' obtained so firm a footing. Having estab- lished a number of trading-posts and missionary stations among the Indian tribes occupying the depth of the wilderness along the entire valley of the Mississippi most remote from the -n-hite settlements, they prepared to assert their possessory claims by such efficient measures as seemed best adapted to the accom- plishment of this object. 2. They built a strong fleet of vessels at Kingston, on the Canadian shore of Lake Ontario ; strengthened Fort Niagara, at the confluence of the Niagara River with that lake; entered into friendly negotiations with the Delaware tribe of Indians on tlie east, and the Shawnees on the west of the Alleghany Mountains; and erected a formidable chain of fortifications, commanding the entire valley of the Mississippi and its tribu- taries from Canada to the Gulf of Mexico. 3. The collision between the Ohio Company, claiming an extensive tract of land on the Ohio River under the English Government, and the French, who were engaged in the erection of forts south of Lake Erie, caused the first mili- tary services of George Washington to be put in requisition b}' Governor Dinwiddle, of Virginia. St. Pierre, the com- mander of the fort to which Washington was despatched, re- fused to withdraw his troops from its occupation ; and in 1 754 an unsuccessful effort was made by the Ohio Company to erect a fort on the present site of Pittsburg, at the junc- tion of the Alleghany and Monongahela Rivers. The workmen were driven from the ground by the French, who completed the fort and gave it the name of Fort du Quesne. 4. Washington, at the head of a body of provincial troops from Virginia, marched into the disputed territory, surprised and rotit- ed an advance party of French sent to intercept his approach, and after erecting a small fort, which he named Fort Necessity, and being reinforced by additional troops from New York and the Carolinas, proceeded with four hundred men on his route to Fort du Quesne. Hearing, however, of the advance of a large body of French and Indians, he returned to Fort Necessity, where he ■W.ishinjrton's mission to St. Pierre. — Its result. — Establishment by the French of Fort dii Quesne. 6 6G FOURTH PERIOD. was soon after attacked by a superior force, and compelled to capitulate after a severe and obstinate resistance, with permis- sion to retire unmolested to Virginia. 5. The English Ministry, in the mean time, aware of the importance of the crisis, had forwarded instructions to their colonies to secure, if possible, the continued friendship and alliance of the Iroquois Indians, and to unite their efforts in the common defence. In accordance with this recommendation a convention of delegates from the respective colonies was held in Albany in the summer of this year, Lieutenant-Governor De Lancey presiding, a treaty with the Six Nations renewed, and a plan of confederation, similar to that subsequently adopted by the Continental Congress, submitted by the celebrated Dr. Benjamin Franklin, of Pennsylvania, and adopted on the fourth day of July. The colonial assemblies and the rei^resentatives of the British Government refused, however, to ratify the ordi- nance of the Convention ; and the conduct of the war was con- fided to the English Parliament, with such aid as the colonies might find themselves able to furnish. 6. In 1755, General Braddock was sent over as Com- 1755 mander-in-Chief ; and at a convention of the colonial governors three expeditions were resolved upon : one against Fort du Quesne, under Braddock himself; one against Niagara; and a third against Crown Point, on the western shore of Lake Champlain. The first was disastrous in the extreme, and the troops engaged in it were saved from total destruction only by the coolness and bravery of Washington. That against Crown Point was intrusted to General Johnson, afterwards Sir Wil- liam Johnson, a member of the Council of New York. 7. In July, 1755, about six thousand troops from New Eng- land, New York, and New Jersey assembled, under the com- mand of General Lyman, of Connecticut, at the head of boat navigation on the Hudson, fifty miles north of Albany, where a strong fortification, afterw^ards known as Fort Edward, was erected. General Johnson, immediately on his arrival in August, Attack on Fort Necessity, by the French and Indians, and its capitulation by Washington. — Renewal of treaties with the Iroquois. — Convention at Albany, and plfin of confederation of Dr. Franklin. — Events of 1755. — General Johnson's campaign. — Fort Edward. OPERATIONS ON LAKE GEORGE. 67 Tvith the main body of the troops, marched to the head of Lake George, where he established a camp preparatory to an attack upon Crown Point, situated on a tongue of land on the southern shore of Lake Champlain. 8. Baron Dieskau, the French commander, in the mean time, with two thousand men, chiefly Canadians and Indians, was ap- proaching from Montreal by way of Lake Champlain ; and, aban- doning his first intention of attacking Fort Edward, marched directh- to the English camp on Lake George. Colonel Wil- liams was immediately despatched by Johnson, with a thousand Massachusetts troops and two hundred Mohawks, under their famous Sachem Hendricks, to intercept the French. After pro- ceeding a few miles, however, the detachment fell into an am- buscade ; both Williams and Hendricks were slain, and their comrades fell back in good order upon the camp, hotly pur- sued by the enemy. 9. Early in September, Dieskau advanced with his forces to tlie English camp, where, intrenchments having been hastily thrown up, he was received with a spirited fire of musketry and artillery. The Canadian militia and Indians fled to the shelter of the surrounding forests, and the approach of reinforcements under General Lyman from Fort Edward, together with the loss of their leader. Baron Dieskau, who was severely wounded, com- pelled them to withdraw to the fortifications of Crown Point. Johnson, after having erected a fort called William Henry on the site of his camp, and strengthened Fort Edward, dispersed the residue of his troops, and returned in October to Albany. For his services in this campaign the King bestowed upon him the order of knighthood, and presented him with a large sum of money. 10. The expedition of Shirley against Niagara and Frontenac was unsuccessful. The prevalence of heavy storms, sickness in the camp, desertion of the Indians, and other casualties, pre- vented any efficient action until the lateness of the season ren- dered it advisable to relinquish the enterprise. Leaving a suffi- Cnmp on Lake George. — Attack l\v Dieskau. — Willinm.s ami Ilomlrioks slain, — Dicskau's attack upon the EnslLsh camp. — It< rciiiilsc. — Forts Kdward and V/illiam Hcnrv. — Jolnison's promolion. — I'liiluic of tlu ex- pedition against Niagara by Sliiiley. 68 FOURTH PERIOD. cient gaiTison at Oswego under Colonel Mercer, the remainder of the troops were reconducted to Albany, and their commander returned to Massachusetts. 11. The campaigTi of 1756, planned by a meeting of the several colonial governoi-s at New York in December preceding, comprised an attack upon Crown Point with ten thousand men, Niagara with six thousand, Fort du Quesne with three thousand, and Quebec and the other French settle- ments in Canada with two thousand. Shirley was superseded in his command, in the spring of 1756, by Lord Loudoun, Gov- ernor of Virginia, with General Abercrombie as his lieutenant. 12. Early in June the latter arrived with General Webb and several regiments of British troops. General Winslow, of Mas- sachiisetts, was assigned to the command of the expedition against Crown Point, and with a force of seven thousand men awaited the arrival of Loudoun at Albany, where Abercrombie was engaged in settling vexatious questions of rank between the officers of the regular and provincial troops, and contro- versies with the citizens growing out of the billeting of the sol- diers upon them. Loudoun did not make his appearance until the latter part of July ; and before preparations for the com- mencement of the campaign could be completed, the advance of the season and the successes of the French had rendered them nugatory. 13. In the mean time an attack was made upon Oswego by a body of French troops under De Lerj', who penetrated to the fort at the Oneida portage, gained possession of it, and, destroy- ing its stores, returned to Montreal with thirty prisoners. De Yilliers, also, with eight hundred men, established a camp in !May near the mouth of Sandy Creek, from whence he was en- abled to intercept all supplies and reinforcements fgr the town. Four of the Six Nations — the Onondagas, Oncidas, Cayugas, and Mohawks — sent an embassy to Montreal with a declaration of neutralitj' and a petition for protection, which met with a favor- able response. 14. The Marqviis de Montcalm, the successor of Dieskau in Campaign of 1756. — Arrival of Lord Loudoun, Abercrombie, and Webb. — Dilatory proceetlingi;. — Ab.indonmcnt of tbe attack upon Crown Point. — Attack upon Oswego. — Neutrality of a portion of the Iroquois tribes. THE FRENCH AND INDIAN WAR. 69 the command of the French army, after strengthening the defences of Fort Carillon at Ticonderoga, proceeded, early in August, with three regiments from Quebec and a large force of Canadians and Indians, to the attack of Fort Ontario, which was in charge of Colonel Mercer, Shirley being in command of the principal fort, Oswego, on the west bank of the river, nearly op- posite. The fort was gallantly defended for several hours by its garrison, when, their ammunition having been expended, they spiked their guns and retreated to Fort Oswego. 15. Montcalm immediately occupied the height, and turned such of the guns of the fort as were still serviceable upon the remaining fortress. Colonel Mercer was shot down, and a foi-midable breach made in the walls. On the succeeding day (August 14), as Montcalm was making preparations for storming the iutreuchments, the garrison, about sixteen hundred in num- ber, capitulated. One hundred and twenty cannon, six vessels of war, three hundred boats, three chests of money, and stores of ammunition and provisions, with fourteen hundred prisoners, fell into the power of the conquerors as the spoils of victory. 1 6. After demolishing the forts, Montcalm returned to Canada, leaving the entire region of the Six Nations open to the incur- sions of the French. A thousand of the regular troops were billeted by Loudoun upon the citizens of New York, notwith- standing the remonstrances of the authorities against this inva- sion of their rights and privileges under the common law as Englishmen. Overawed by the threats of Loudonn, a subscrip- tion was raised by the magistrates, and the demand reluctantly complied with. Jlontcalm attacks Forts Ontario and Oswejjo. — Surrender of the gar- rison. — Death of Mercer. — Quartering of troops in New York. 70 FOURTH PERIOD. CHAPTER II. Siege of Fort William Henry. — Capture of Ticonderoga, Crown Point, ^STiagara, Fort Uu Quesse, Quebec, and Montreal. — Governors Golden and Mosckton. 1. After an ineffectual effort on the part of Lord Loudoun _ _ to capture Louisburg, Montcalm, towards the close of Jul}', 1757, proceeded, with a force of about seven thou- sand whites and two thousand negroes, to lay siege to Fort Wil- liam Henry, then under the command of Colonel Monro, with three thousand troops. General Webb was at Fort Edward with four thousand men ; and with this combined force Colonel Monro deemed his position impregnable. To the demand of Montcalm, on the 4th of August, for surrender of the fort, he returned a defiant answer, and the siege progressed. 2. An express was despatched by Monro to Webb for rein- forcements, which was repeated during the ensuing six days, without eliciting any action on his part other than an advice to capitulate, which was intercepted by the French and forwarded to ilonro. Under these discouraging circumstances, and having exhausted his means of defence, that gallant officer sent a flag of truce to Montcalm, with the view of negotiating terms of surrender. 3. The French commander, after a council with the Indians, consented to allow the English to depart from the fort with the honors of war, — delivering up all their prisoners and leaving all their military stores, with a pledge not to serve against the French for eighteen months, — and to furnish an escort for their departure. On the 9th of August this arrangement was carried into effect, — the French took possession of the fort, and the English retired to their intrenched camp. 4. The Indians, meanwhile, having procured from the Eng- lish the means of intoxication, spent the night in feasting and revelry, and when, on the ensuing morning, the English were preparing for their march to Fort Edward, commenced an in- Sici^e of Fort William Henry. — Treachery of Webb. — Neyotiaiiou for a surrender. — Surrender of the fort. THE FRENCH AND INDIAN WAR. 71 discriminate attack, plunder, and massacre. In spite of all the efforts of Montcalm and the officers under his command, a. large proportion of the defenceless troops were slain or taken captives, and only about six hundred of the whole number succeeded, after encountering the utmost peril, in reaching Fort Edward. Four hundred were rescued by Montcalm from the French camp and sent under a heavy escort to rejoin their comrades, and an officer was despatched by him to ransom the captives. The fort and its apijendages were destroyed. 5. The campaign of 1758 commenced under more favorable auspices. William Pitt had succeeded to the reins of government in England, and under his instructions Lord Loudoun was recalled from the command in America, and General Abercrombie appointed in his place. A strong naval force was sent out under Admiral Boscawen, and twelve thou- sand additional troops forwarded for the defence of the colonies. To these the latter added nearly thirty-five thousand men, of which New York furnished about three thousand, so that on the an-ival of Abercrombie he found an effective army of nearly fifty thousand men at his disposal. 6. Three several expeditions were speedily organized. Gen- eral Amherst, with the English troops under the intrepid James AVolfe, was assigned, in conjunction with the naval armament of Boscawen, to the conquest of Louisburg ; General Forbes to that of Fort du Quesne and the Ohio Valley ; and to Abercrombie himself, with Lord Howe as his lieutenant, was intrusted the capture of Ticonderoga and Crown Point. 7. General Amherst, with a fleet of twenty-two ships of the line and fifteen frigates, and ten thousand effective men, disem- bai-ked in front of Louisburg on the 8th of June, and entered vigorously upon the siege of that important fortress. It was not, however, until the 26th of July, that its French defenders, finding further opposition futile, surrendered the town and fort, together with the islands of Cape Breton and St. John (now Prince Edward) and their dependencies, leaving the English masters of the entire territory nearly to the mouth of the St. Lawrence. M.iss.acre of the g-nrrison liv the Indiiins. — Noble exertions of Montcalm for their rescue. — Destruction of the fort. — Campaign of 1758. — Organi- zation of forcc», and plan of the canijiaign. 72 FOURTH PERIOD. 8. Meanwhile Abercrombie, with seven thousand regulars, nine thousand provincial troops, and a heavy train of artillery, was thundering against the fortifications of Ticonderoga, then occupied hj Montcalm with an inferior force. The gallant Lord Howe, on his march from Lake George, had been attacked and slain hy a scouting-party of the enemy. Abercrombie, on the 8th of July, was severely repulsed in an attack upon the fort, and after a bloodj' conflict of several hours' duration was com- pelled to retreat to Lake George. 9. The French fort at Frontenac was then attacked by Gen- eral Bradstreet, aided by a detachment of three thousand men sent by Abercrombie, and a hundred and fifty warriors of the Six Nations. On the 2Gth of August it was surrendered, with a large collection of military stores for Fort du Quesne, and nine armed vessels. Bradstreet, after destroj'ing the fort, re- turned to Rome, where he built Fort Stanwix. Abercrombie, having garrisoned Fort George, returned to Albany with his remaining forces, and was soon afterwards superseded in his command by General Amherst. 10. Fort du Quesne, on the 24th of November, surrendered under an attack of the provincial troops, commanded by Wash- ington, though nominally under the control of General Forbes. Its name was changed to that of Fort Pitt, in honor of the great English minister, whose energetic counsels had infused so much spirit into the aflFairs of the colonies, and contributed so largely to the triumph of its arms. 11. Abercrombie having been succeeded by General Amherst, twenty thousand provincial troops were, early in the spring, placed at his disposal, and a large land and naval force of regulars sent over from England. General Wolfe was directed to ascend the St. Lawrence and attack Quebec ; Am- herst himself undertook the conquest of Ticonderoga, after which he was to seize Montreal and unite his forces with those of Wolfe before Quebec ; and General Prideaux was to capture Fort Niagara, and proceed to Montreal. Attack upon Fort Tiooiulorotr.a. — De.ith of Lord Howe. — TJcpulse of the Enfilish. — Ttctreiit to Lake George. — Attack upon Fort Fi-ontenac by rSrad^trcct. — Kocal! of AIiiTrrnmliie and appciintniont of Amherst. — Cn.\t- tiive of Fort du Qnosno — Andicrst succeeds Abercrombie. — Plan of the canipai;,'n. TICOXDEROGA, CROWN POINT, AND NIAGARA. 73 12. Ticonderoga was abandoned by the French without a struggle, on the 2Gth of July. Crown Point surrendered soon afterwards, and was occupied by Amherst, who strengthened its defences hy the erection of a strong and impregnable fortress. Prideaus appeared before Niagara on the 1 7th of July, and, haying been mortally wounded on the same day by the bursting of a gun, was succeeded in command by General Johnson. The gan'ison, in expectation of reinforcements, held out for three weeks. On the 25th, however, after a severe conflict, the fort and its dependencies were compelled to surrender, notwithstand- ing the accession of an additional force of nearly three thousand French and Indians. 13. General AVolfe, with eight thousand troops, landed, on the 27th of June, upon Orleans Island, a few miles below Quebec. The town was strongly defended by the French troops, and its approaches were held by Montcalm in person at the head of the main army. After several ineffectual eftbrts to gain possession of the city, it was determined, at a council of war, to attempt the Heights of Abraham, a level plateau, three hundred feet above the water, in the upper part of the town. 14. At sunrise on the morning of the 13th of September the whole English army stood in battle array upon the plains in front of the heights, and being immediately confronted by the French, a general and fierce battle ensued. Wolfe, severely wounded, led the van, and at the head of his men received another bullet in his breast, which compelled his removal to the rear. Monckton, who succeeded him in command, was also mortallj' wounded, and replaced by Townshend. Montcalm also fell, and the order for retreat was given by the French. Amid the shouts of victory, and the acclamations of the conquerors, Wolfe's gallant spirit passed away at about the same time with that of his heroic but defeated opponent. On the 18th the city was formally surrendered to the English. 15. Montcalm's successor, Levi, made an ineffectual effort, in the spring of the succeeding year, to recapture Quebec ; and on its failure the French forces under Vaudreuil Capture of Ticonderoga, Crown Point, and Niagara. — Siege of Quebec. — Death of Wolfe and Montcalm. — Surrender of the city. 74 FOURTH PERIOD. were concentrated for the defence of Montreal. Early in Sep- tember, Amherst arrived before the city at the head of ten thousand troops ; Johnson followed with a thousand Indian warriors, Murray with four thousand troops fi-om Quebec, and Colonel Haviland with three thousand from Crown Point. 16. Vaudreuil, conscious of his inability to resist this for- midable force, on the 8th of September, signed a capitulation surrendering Montreal and all other French posts in Canada. It was not, however, until 17G3 — the interval having been spent in naval warfare, where the English were almost uni- formly successful — that a definitive treaty of peace between the two nations was concluded, by which France ceded to Eng- land all her American possessions. 17. On the morning of the 30th of July, 1760, Liouteu- ant-Govemor De Lancey was found dead in his stud}-, from the effects of a chronic disease, and the government devolved npon the venerable Cadwallader Golden, now seventy-three years of age. Governor Colden had long been intimately familiar witli public afiairs, and possessed superior literary and admiuis- ti-ative abilities. He entered upon his new duties, however, at a most critical period in the history of the province and of the nation, and found himself utterly incapable of resisting the pro- gress of events tending rapidly to the dissolution of the existing form of government. 18. His administration was temporarily interrupted in October of the following year by the arrival of a com- mission for General Robert Monckton, then commanding a mili- tary force on Staten Island. His public announcement on the assumption of his duties, that he had no instructions, and hoped never to have any, was highlj' acceptable to the people. The now Assembly' gave him a warm reception, and the usual honors were conferred upon him. 19. His administration opened under the most favorable auspices, had he only the ability and the disposition to profit by them. The English Government had conceded to the colo- nics many of the rights so long and pertinacious!}- withheld, had Capture of Jlontroal. — Nnval warfare— Treaty of jicace. — Deaili of Governor De Lancey. — Admiuiatration of Cadwallailcr Colden and Hobcrt Monckton. THE FRENCH AND INDIAN WAR. 75 abandoned its demands for a permanent revenue, and had left them in most respects, financial and otherwise, to their own guidance. Occasional aggressions on their rights were still in- flicted and impatiently endured ; and judicious legislation and prudent administration alone were requisite to have insured permanent peace and continued union. 20. The independence of the Judiciary was, soon after his ac- cession, threatened by the appointment of Pratt, a lawyer of Bos- ton, as the successor of Chief-Justice De Lancey, to hold his office " at the King's pleasure," instead of as formerly " during good behavior.'' The Assembly regarded this innovation as inconsist- ent with the rights and liberties of the province. Monckton himself disapproved of it, and even Golden advised against it ; and Pratt, wliile accepting the office, was forced to concede and keenly to feel the repugnance of the people to the proposed tenure. The Presbyterians and Congregationalists were also jealous of the favor shown by the officers of the Crown to Epis- copacy, especially in the government of the college, which was placed under Episcopal direction. 21. The Assembly having refused to provide for the salary of the Chief-Justice, unless he should receive an independent commission, the Board of Trade advised that the income for the royal quit-rents should be applied to this object. This course was accordingly adopted, and the Judiciary were subjected to the power and influence of the Crown, who named the judges, removed them at pleasure, fixed their salaries and paid them from funds beyond the control of the colonial legis- lature. The independence of the Judiciary assailed. Washington's Head-quarters at Newburgh, on the Hudson. FIFTH PERIOD. THE REVOLUTIONARY WAR. CHAPTER I. The Stamp Act. — First Coi.ontal Congress. — Soks op Libeett. — SiK Hexky Moore. — Liberty Pole. 1. The relations which, during a period of upwards of a cen- tury, had existed between the American colonies and the English Government, had been generally of a peace- ful nature. With the exception of occasional remonstrances on the part of the representative Assemblies of the provinces against various enactments of Parliament, and regulation of the Boards of Trade, affecting injuriously the manufactures, com- merce, and navigation of the colonies, an uninterrupted spirit of loyalty prevailed among them, and voluntary contributions of men and money were cheerfully and promptly furnished Relation between the colonics and the home government. THE REVOLUTIONARY WAR. 77 ■whenever the military exigencies of the parent government ren- dered such aid necessarj- or desirable. 2. The imposition npon them of forms of government and executive officers not of their own choice, or without in any manner consulting their wishes or inclinations ; the vexatious restrictions upon their domestic and foreign trade by the pro- hibition, except under high duties and onerous regulations, of the importation and exportation of articles necessary to their prosperity and welfare ; and various arbitrary and tyrannical en- actments, affecting their civil, religious, and social rights and privileges, had hitherto failed sensiblj' to weaken their regard for the institutions and their attachment to the government with which they had so long been familiar. But the time had finally arrived when patience and unquestioning submission to the increasing exaction of arbitrary power had ceased to be vir- tues. Their experience in self-government, and the gradual growth among them of a representative democracy, had pre- pared them for the firm and manly assertion of their rights, and taught them the value of freedom. 3. Their prompt and lavish expenditure of blood and treasure during the war just closed had materially contributed to pro- cure for the mother country a vast and valuable accession to her territory in Amei'ica, and to expel from her possessions the enemy who had apparently obtained so firm a footing. Thirty thousand of the bravest soldiers of the colonies, and a debt of thirteen millions of pounds, had been the price ungrudgingly paid for the conquests which had added such signal lustre to the Crown of Great Britain. The arrogant and insatiable de- mands of a tyrannical government, however, required addi- tional sacrifices, and nothing less than the abject concession of unlimited powers over their persons and property would satisfy the haughty ambition of the English aristocracy. 4. ^S^otwithstanding the repeated and persistent refusal _ of the provincial Assemblies to recognize the right of the English Parliament to impose taxes upon them without their own consent. Lord Grenville, then at the head of the British Jlinistry, submitted, in 1764, a proposition for the raising of Restrictions upon commerce and navigation. — Sacrifices of the colonics, and demands of the government. 78 FIFTH PERIOD. a pennanent revenue upon the colonies, by the establishment of stamp duties, and taxation of various articles of foreign pro- duce. During the sessions of that and the succeeding year va- rious enactments were made in conformity with these sugges- tions; and in contemptuous disregard of the earnest remonstrance of the colonies, the celebrated Stamp Act was passed on the 22d of March, 1765, to take effect on the first day of November subsequently. 5. By the provisions of this act all legal and mercantile documents and contracts, newspapers, pamplilcts, almanacs, &c., were required to be written or printed on stamped paper, upon which a duty was to be imposed payable to officers appointed by the Crown. Its promulgation created a general feeling of indig- nation throughout the colonies, accompanied by a determination, at aU hazards, to resist or evade its enforcement. In New York the obnoxious act was publicly paraded through the streets of the city, with a death's head affixed, bearing the significant in- scription, " The Folly of England, and the Ruin of America." Similar demonstrations were made in Boston, Philadelphia, and other principal cities and towns. 6. On the 7th of October the FinsT Colonial Congress, con- sisting of twenty-eight delegates from nine colonies, assembled at New York, and remained in session for two weeks. The body was presided over by Timothy Euggles of Massachusetts, and after matm-e consideration adopted a Declaration of Rights, drawn up by John Cruger of New York ; a calm and temper- ate, but firm and decided, statement of grievances in the form of a Memorial to Parliament, prepared by Robert R. Livingston, also of New York ; and a Petition to the King, by James Otis of Massachusetts. 7. These documents asserted the inalienable right of the in- habitants of the several colonies to all the privileges of free-bom Englishmen ; the protection of life, liberty, property, and per- son ; exemption from all taxes, restrictions, and imposts not voluntarily assumed by themselves or assented to by their rep- resentatives freely chosen ; and denounced in glowing terms the PassaTC of the Stiimp Act. — Its rcccptioti in the colonics. — Proceedings .It Xcw York. — Proceedings of the first Colonial Congress. — Its composi- tion and officers. — Declaration of Eights and Memorial to Parliament THE STAMP ACT. 79 continued and systematic invasion of these rights and privileges, under pretence of law, by a body in which they were wholly unrepresented. Protesting their unimpaired confidence in the wisdom and justice of Parliament, and their earnest desire for a continuance of the friendly relations hitherto existing between the two countries, they respectfully demanded the repeal of the obnoxious acts complained of, and the discontinuance in future of all similar arbitrary legislation. 8. On the 1st of November, the day on which the Stamp Act was to go into effect, the shops, stores, aud public offices of the city were closed ; the flags of the vessels in the port were floating at half-mast ; the bells of the several churches were tolled, and numerous other manifestations of the public discontent find son-ow were displayed. All business was sus- pended, the courts were closed, and the city was clothed in mourning. Meanwhile the obnoxious stamps had reached the city, and been deposited in the fort for safe-keeping by the direction of Governor Golden, who had recently succeeded Mouckton in the administration of the province. 9. McEvers, the agent appointed by the Crown for the distri- bution and sale of the stamps, intimidated by the manifesta- tions of the popidar feeling on every hand, had resigned his com- mission ; the association of the " Sons of Liberty," headed by Isaac Sears, John Lamb, Alexander McDougall. Francis Lewis, Marinus Willett, and other patriotic leaders, had been revived, and an engagement entered into by the merchants generally to cease all importation of goods from Great Britain while the act romained in force. Handbills were circulated throughout the city, warning all people against the purchase or use of stamps at their peril. 10. In the evening two organized companies, under the lead of the Sons of Liberty, paraded the streets, one of which pro- ceeded to the Commons, the site of the present City Hall, where they suspended an effigy of the Governor with the stamped paper in his hands, and other contemptuous devices ; while the other proceeded to the fort with another effigy of the obnoxious Governor, broke open the stable of his residence, and Arrival of the stamps. — Thu 1st of November. — Proccctlings of tho Sons of Liberty. — Demoiistriition of the Sons of Liberty. 80 FIFTH PERIOD. taking from it his carriage and, placing in it the effigy, returned in triumph to their associates on the Commons, from -whence, consolidating their ranks, they took up their march in strict order and unbroken silence to the fort. 11. Here they found the troops, under the command of Gen- eral Gage, drawn up on the rampart for their reception, and the muzzles of the cannon aimed directly at their ranks. The Brit- ish commander, however, prudently reserved his fire ; and the procession, being denied admission to the fort, repaired to the Bowling Green, tore down the wooden palisades, and contented themselves with burning the carriage with its effigy and other accompaniments. Some of their more violent associates, dis- regarding the remonstrances of their comrades, proceeded to the residence of Major James, a British officer, who had rendered him- self obnoxious to the populace, broke open and rifled the house, and burned the furniture, carrying off the royal standard in triumph. 12. The next evening the people again assembled at the Com- mons with the intention of renewing the attack upon the fort and gaining possession of the stamped paper. Governor Golden, however, anticipated their action on this occasion by sending a communication to the city authorities, declaring his intention not to issue any of the stamps while he remained in office. Not content with this assurance, another demonstration was made on the ensuing evening, and the Governor, having failed in his efforts to place the stamps under military protection, delivered them up in due form to the Mayor and Corporation, taking from them a receipt for their safe-keeping. This proceeding quieted the popular leaders for the time, and restored order to the city. 13. In the mean time, the Committee of Correspondence, ap- pointed by the citizens, through their Chairman, John Lamb, had addressed circular letters to the merchants of the sister- cities of the colonies, inviting their co-operation in the non-in- tercourse policy, which was promptly acceded to by all. They had also drafted articles for a general union and confederation of the colonics in resistance to the arbitrary measures of the Attat'k on the fort. — Riotous proceedings. — Governor Coldcn delivers up the st.imps. — General non-intercourse agreement. — Articles of confed- eration proposed. THE REVOLUTlOSAliY WAR. 81 Crown, and providing for the assembling of a general Congress in the event of persistence in these measures. These articles were also unanimoiisly approved and adopted. 14. A neu- supply of stamps soon after arrived in the prov- ince, with the new Governor, Sir Hexey Moore, and Peter De Lanccy, Jr., who had been appointed stamp distributor in the place of ilcEvers. The Governor having peremptorily declined any interference with the obnoxious stamps, they were depos- ited -with the others in the City Hall, and De Lancey advised by a committee of the Sons of Liberty to follow the prudent example of his predecessor, with which he was fain publicly to comply. A similar course was pursued towards a Maryland official who had sought the protection of Governor Colden, and taken shelter on Long Island. 15. The new Governor met with a favorable reception from the citizens and the public authorities, who were highly pleased with his liberal views and ready concessions to the popular sentiment. The Assembly which convened on his arrival con- firmed the proceedings of their delegates in the Colonial Congi'ess, and adopted resolutions in favor of the policy inaugurated by that bod}'. About the same time. Captain Christian Jacobsen, of the ship Hope, arrived from Holland, having refused to bring over additional stamps. IC. The Sons of Liberty, on information that stamps designed for Connecticut were concealed on board the vessel bringing over the Governor, instituted a vigilant search ; but finding that they had been transferred to another vessel, repaired on board and took ten packages from the hold, which they conveyed to the ship-yards and burnt. They also resorted to the most vigorous measures for the repression of all sales of stamped paper within the province. 17. So odious had the act become in all the colonies, 1 7fifi and so determined and effective was the opposition to its enforcement, that its repeal was procured on the 20th of February of the ensuing year, at the instance of the Marquis of Arrival of Sir Henry Moore as Governor. — New supply of stamps. — Proceedings of the Sons of Lil)crty. — Reception of tlie Governor. — Pro- ccedinfrs of the Assembly. — Vigilance of the Sons of Liberty. — Repeal of the Stamp Act. 6 82 FIFTH FKHIOD. Rockingham, accompanied, however, by a declaratory act aifirm- ing the riglit of Parliament to tax the colonies for any purpose whatsoever. Its repeal was hailed in the city with acclamations of delight, and received with the utmost satisfaction by all the colonies. 18. Bells were rung, cannon fired, bonfires kindled, a public dinner given by the civic authorities, and the city illuminated in honor of the event. On the 4th of June following, the pa- triots again assembled on the Commons in honor of the King's birthday, and, after the most enthusiastic manifestations of loyalty, raised, near where the present City Hall stands, a Liberty Pole, on which were inscribed the words, " The King, Pitt, and Liberty." In defence of this standard, the first blood of the Revolution was soon destined to be shed. CHAPTER II. Tax on Tea. — The Liberty Pole. — Sous op Liberty. — Gov- ernor Golden. — John Lamb and Alexander McDougall. 1. During the month of June a sharp controversy was main- tained between the Governor and the Assembly in ref- erence to the supplies required to be furnished by the citi- zens of New York to the troops under the command of General Gage, stationed in the city, nominally for its protection. The spirit of opposition manifested by the Assembly to the demands of the Governor was vigorously seconded by the people, and frequent collisions from time to time occurred between the occu- pants of the barracks on the Commons and the more violent of the patriotic leaders. 2. On the night of the 10th of August a party of soldiers from the barracks cut down the Liberty Pole erected on the Commons, and on the succeeding day attacked and dispersed a party of the citizens who had assembled to replace it, seriously Rejoicings in the eolonies. — Pntviotie celelirations. — Erection of Liberty I'ole. — Contiovcrfios lictween the Governor and Assembly. — The Liberty l^ule cut down. — Disturbances between the soldiery and citizens. 2 HE HE VOLUTION A HY WAR. 83 wounding several of their numlier, among whom were Isaac Sears and John Berrien, prominent members of the Sons of Liberty. Although this violent proceeding of the soldiers was justified by their officers, the patriots were allowed to replace the pole a few days afterwards, without further molestation at that time. 3. On the 23d of September, however, the pole was again cut down, and again replaced on the next day by the inhabitants. This persistent determination of the citizens induced the Gover- nor to prohibit aU future attempts of the like nature on the part of the soldiery, and the most stringent measures were adopted by both the civil and military authorities to prevent their repetition. 4. The refusal of the Assembly to comply with the requisi- tions of the Governor for the provision of supplies for the mil- itary brought down upon them a severe censure from the Crown ; and a spirited reply on their part was followed by a temporary prorogation. Rumors, however, of warlike prepara- tion in England, and the menaces and persuasions of the Gover- nor, induced them finally to consent to an additional appropria- tion, which, while it incurred the strong disapprobation of the patriotic party, failed to conciliate the Government. The legis- lative powers of the Assembly were suspended by Parliament, and instructions forwarded to the Governor prohibiting his assent to any act passed by them until a full compliance with the demands of the Crown should be obtained. 5. That body, however, disregarding the injunctions of the English Government, and supported by the gen- eral approval of the popular voice in their own and the neigh- boring colonies, continued their sessions as usual, and adopted strong resolutions declaring the arbitrary proceedings of Parlia- ment suspending their legislative functions unconstitutional and void. Meanwhile Parliament, on the motion of Charles Towus- hend, Chancellor of the Exchequer, had unanimously passed a bill, early in 17G7, imposing duties on all tea, glass, paper, painters' colors, and lead imported into the colonies. Pi-oceeuiiifrs of tlie authorities. — Proceedinfrs of the Assembly. — Sus- pension of legislative powers. — Resistance of the Assembly. — Tax on tea, ic. 84 FIFTH PERIOD. 6. This fresh invasion of their rights and privileges created a renewed excitement in all the colonies. Committees of corre- spondence were established throughout the provinces by the en- ergetic and vigilant Sons of Liberty in New York, and the mer- chants of that city again assembled and unanimously renewed the non-importation agreement, pledging themselves to its strict observance during the continuance of the obnoxious duties. 7. On the 18th of March, previous to the arrival of intelli- gence of the proceedings of Parliament, the anniversary of the repeal of the Stamp Act was celebrated by the citizens with the utmost enthusiasm. Oa the succeeding night, however, the Liberty Pole on the Commons was again levelled to the ground by the soldiery. Another and a more substantial one, secured by ii-on bands, was ou the next daj"^ set up in its place by the Sons of Liberty. Several ineffectual efforts were made for its de- struction, all of which were counteracted by the vigilance of its patriotic defenders. The officers of the garrison finally in- terfered, and prevented the further continuance of these demon- strations. 8. The Assembly having been formally dissolved by the Governor in Februarj', 1768, a new election was or- dered, resulting in the return of representatives little less dis- posed to compliance with the demands of the government than their predecessors. On their meeting in October, in utter dis- regard of the royal injunction, they opened a correspondence with the Massachusetts Assembly, warmly sympathizing with their misfortunes ; and after voting a liberal appropriation for supplies to the troops quartered in the city, coupled with a scries of resolutions strongly declaratory of their rights, and denouncing their repeated infringement by Parliament, were dissolved. 9. On the 4th of April, 1769, another new Assembly was convened, and after renewing, at the earnest solici- tation of the Governor, the appropriation for military sup- plies to the gaiTison, was prorogued. The Governor continued to exert his influence to the extent of his power for the repres- Tndi.ffnntioTi of the colonics. — Proccodinjis of the Sons of Liberty. — Renc^^•al of non-import.ation agreement. — Renewed eftbrts for the destruc- tion of the Liberty Pole. — Proceedings of the new Assembly. POPULAR EXCITEMEyr L\ iXEiV YORK. 85 sion of all disloyal manifestations on the part of the inhabi- tants of the province and city ; but his well-meant efforts at conciliation were suddenly ended by his death, which took place on the 11th of September, devolving the government again upon Cadwallader Coldcn. 10. The Assembly was again convened on the 21st of Novem- ber ; and through a coalition between the Governor and his former inveterate opponent, De Lancey, an additional appro- priation of money for supplies was obtained. Inflammatory handbills were immediately circulated by the leaders of the popular party, openly charging the Assembly with a betrayal of the trust reposed in them by their constituents ; and a large assemblage of citizens gathered on the Commons on the 18th of December, presided over by John Lamb, denounced the pro- ceedings of the Assembly, and bo far alarmed the members of that body and the Governor, that it was found necessary at the close of the session to force through, by a close vote, a bill for the issue of colonial bills of credit to the amount of one hundred and twenty thousand pounds, the interest to be applied to the support of the colonial government, which, early in January, 1770, received the prompt approval of the Governor. 11. In the mean time the Assembly, by a nearly unanimous vote, denounced the handbills as libellous, and offered a reward of one hundred and fifty povinds for the discovery of their authors. Lamb was arrested and brought be- fore the House, where he boldly avowed the part he had taken in the proceedings of the public meeting, and justified it as the exercise of a right which, in common with every Englishman, he possessed. His associates among the Sons of Liberty fear- lessly seconded his appeal, and avowed their approval of, and participation in, his acts, and their readiness to meet the con- sequences. This spirited behavior procured their discharge. Alexander McDougall, to whom the authorship of the handbills Death of Governor Moore. — CoUlcn resumes the government. — Coali- tion with De Lancey. — Vote of supplies to the troops. — Indiirnation of the people. — Inflammatory hanrtbills. — Public meeting-. — Passage of bill for issue of colonial bills of credit. — Arrest of Lamb. — Imprisonment of McDousall. 86 FIFTH PERIOD. ■was traced, was arrested and imprisoned, when, for nearly two months, he was daily visited by crowds of his friends of both sexes, who regarded him as a martjT to tlie cause of hberty, and where he remained until, on indictment by the grand jury, he was admitted to bail in the ensuing AprU. CHAPTER III. Battle of Golden Hill. — Demolition of the Liberty Pole. — Xox-Importation Agreemekt. — Lord Dunmore. — Bills of Cred- it. — McDoUGALL AND GeORGE CliNTON. 1. On the evening of the 13th of January a renewed attack was made upon the Liberty Pole by a party of soldiers belonging to the garrison. Indignant at their failure to accomplish its overthrow before an alarm was given, and smart- ing under the hisses and jeers of the citizens gathered in front of Jlontagnie's tavern, the head-quarters of the Sons of Liberty in the immediate vicinity of the Commons, they commenced a furious attack upon the crowd, driving them into the house with their bayonets, and, sword in hand, proceeded to demolish the windows and furniture of the building, after which they retired. 2. An additional attempt was made on the evening of the loth to effect the demolition of the popular standard, but again without success. The next evening, however, they accomplished their object, levelling the pole to the ground, sawing it into pieces, and piling them triumphantly in front of the hotel. The people were aroused by the discovery of this outrage, and a pub- lic meeting of the citizens was hastily convened at the Com- mons on the morning of the 17th. 3. Several thousands of the inhabitants of the city promptly responded to this call, and at noon the Commons were thronged by an excited multitude, while a party of seamen scoured the docks, piers, and warehouses, where the soldiers were employed as laborers, and compelled them to abandon their occupation Uiotous proceedings of the soldiers. — Demolition of the Liberty Pole. — E.xcitement of the people. — Public meeting of the citizens. THE REVOLUTIONARY WAR. 87 and return to their quarters. Resolutions were passed censur- ing in the strongest terms the riotous conduct of the soldiery, denouncing their presence in the city as unnecessary and dan- gerous, and discountenancing their employment by the citizens when off duty as detrimental to the interests of the laboring class. All soldiers appearing armed in the streets, or found out of their barracks after roll-call, were directed to be dealt with as enemies of the city. 4. On the ensuing day (January 18) two soldiers were ar- rested by Isaac Sears and another of the Sons of Liberty in the act of posting an inflammatory handbill prepared by their com- rades, and conducted to the Mayor's office, where they were immediately followed by a party of twenty soldiers armed with cutlasses and bayonets, who demanded the immediate release of the prisoners. This demand was promptly resisted by Captain Richardson and other citizens, who defended the entrance and ordered the return of the soldiers to their barracks. 5. The crowd collected in front of the Ma^-or's office had, in the mean time, provided themselves with stakes from the carts aud sleighs in the vicinity, and seemed not indisposed to meas- ure their strength with their armed opponents in the impending contest. In apparent obedience to the orders of the Mayor the soldiei-s retired, closely followed by the citizens, as far as the summit of Golden Hill, as John Street was then called, between William and Cliff Streets. Here they were joined by a rein- forcement from the upper barracks on the Commons, headed by an officer in disguise. He immediately ordered a charge upon the people, who, with the exception of a few in possession of clubs, were entirely unarmed. They succeeded, however, by their numbers, in steadily resisting the furious attack of the soldiers, and impeding their apparent return down the hill to the Mayor's office, until they were hemmed in by another body of soldiers from the upper barracks, while a third approached to the relief of their comrades from the fort. 6. The three parties, consolidating their forces by the junc- tion of a portion of the assailants who had forced their way Resolutions adopted. — Arrest of soldiers by the Sons of Liberty. — Pro- ceedings at the Mayor's office. — Attempt at recapture of the prisoners by their associates. — Battle of Golden Hill. 88 FIFTH PERIOD. through the unarmed crowd of citizens, commenced a furious attack upon the latter, severely wounding several of their num- ber. Others, including women and children, not participating in the affray, were cut down and bayoneted, though none were mortally injured, and it was not until some time had elapsed that the contest was arrested by the interference of the officers of the garrison. 7. On the ensuing day the soldiers recommenced their as- saults by thrusting a bayonet through the dress of a woman re- turning from market. About noon a party of sailors were attacked at the head of Chapel Street, now Park Row, opposite Beekman Street, and one of their number was run through the body. In the midst of the conflict the Mayor made his ap- pearance, and attempted, without success, to disperse the infu- riated soldiers. He then despatched a message to the officers at the ban-acks, but the messenger was intercepted by the troops, who refused to suffer him to proceed. A party of the Sons of Liberty, however, who had been engaged at playing ball iu the neighborhood, came to the rescue and dispersed the soldiers. 8. In the afternoon another affray occurred between the sol- diery and citizens on the Commons. The "Liberty Boys" again appeared in force, and after a severe conflict succeeded in driv- ing the assailants to their barracks, after disarming a portion of their number, severely wounding others, and capturing and imprisoning one of the leaders in the affair of the preceding day. 9. Thus terminated the earliest contest in which blood was shed, which ushered in the American Revolution ; and although no lives are known to have been lost, yet the firm stand made by the mass of the citizens, unarmed and undisciplined, against an armed and trained foreign soldier}"^ imposed upon them against their will, sufficiently served to indicate the irrepi'essible spirit whicli animated the colonists, and to warn their haughty oppressors of the danger of persistence in their fatal policy. 10. Governor Golden in his despatches to the English Govern- ment, detailing the events we have related, attributed their oc- EencM-al of tlie conflict. — Its termination by the Liberty Boys. — Gov- ernor Golden 's despatches. TEE SONS OF LIBERTY. 89 cun'ence to the violence of party faction, promoted by the ene- mies of the Crown, chiefly Dissenters or Independents from New England of republican principles, while the friends of Govern- ment were chieflj- connected with the English, Lutheran, and Dutch churches, with a sprinkling of Presbyterians. The re- pugnance of the popular leaders to the demands of the Crown for the support of the soldiers is specially adverted to, and high commendation bestowed upon the officers and magistrates for their exertions in quelling the disturbances. 11. The petition of the Sons of Liberty for permission to erect another Liberty Pole in the place of the one cut down having been refused by the Common Council, Lamb and his associates purchased a site near the former one, and on the 6th of Febru- ary planted it firmly, with the inscription " Liberty and Prop- erty," amid the acclamations of the people and the cheering strains of music. The Sons of Liberty established their head- quarters on the present site of the Herald office, in a building to which they gave the appropriate name of Hampden Hall. 12. On the 29th of March a final attack was made upon the Liberty Pole by the soldiers who were about embarking for Pensacola, whither they were desirous of transporting a portion of its timber as a troph}-. The Liberty Boys speedily rallied to its defence, driving its assailants to their barracks. Ecinforced, the party, fifteen in number, returned with forty of their com- rades, and charged the citizens, who retreated to their hall, which was immediately suiTounded by the soldiers, and an en- trance by force attempted, with infuriated denunciations of ven- geance. The alarm-bell was rung, the citizens flew to arms, and, apprehensive of a recurrence of the conflict at Golden Hill, the officers of the gaiTison hastened to withdraw their forces. The troops embarked on the 3d of May without their coveted prize, which remained thenceforth immolested until the occupa- tion of the city by the British in 1776, when it was again lev- elled by the orders of the infamous Provost-Marshal Cunning- ham. 1 3. Soon after the departure of the troops, the Sons of Lib- erty, learning of the visit of one Rogers, a Boston merchant, Erection of a new Liberty I'ole. — Hampden Hall. — Renewed attack ujion the Pule, — Its successful defence. — Its final fate. 00 FIFTH PERIOD. who had been posted by his fellow-citizens for a violation of the non-importation agreement, and suspecting his intentions, pa- raded his effigy in procession through the streets, suspended on a gallows, and with four or five thousand citizens proceeded to his residence with the view of further honors. Finding him absent, and being informed of his contemplated departure for Philadel- phia, they apprised their brethren there of his intentions, re- questing at their hands a worthy welcome. Rogers, however, deferred his visit, and returned terrified to Boston. 14. The act of Parliament of 1767, imposing additional du- ties on the colonies, having been repealed with the exception of the tax on tea, a general committee of one hundred of the lead- ing inhabitants of the city and province was formed, and the non-importation agreement, so long and so faithfully adhered to by the merchants of New York at a heavy pecimiary sacrifice, was now restricted to the single article of tea. The patriotic Sons of Liberty, however, and their adherents among the popu- lar party, declined to sanction this compromise, and continued their opposition to the principle still involved in the act, not- withstanding the diminution of the pecuniary demand. 1 5. On the 25th of October, Golden was superseded by Lord Dunmore. The Assembly was informed of the royal approval of the bill for the issue of colonial bills of credit, and the re- newal of the required appropriations for the support of the __ troops. In January of the succeeding year, McDougall was brought before that body to answer to the indictment pending against him. On his refusal to acknowledge the au- thorship of the alleged libel, he was required by the Assembly to give a definitive answer. " The House has declared the paper a libel," he boldly repUed, " and the law does not require me to criminate myself." 1 6. De jSToyellis, the prosecutor, insisted that the House had power to extort an answer and to punish him for contumacy. " The House has power to throw the prisoner over the bar or out of the window," observed George Glinton, the future Gov- Proceedings of the Sons of Liberty on the visit of a Boston merchant charged with violation of the non-importation agreement. — Repeal of duties except on lea. — Non-importation agreement. — Lord Dunmore. — Proceedings against McDougall. THE REVOLUTIONARY WAR. 91 ernor of New York, " but the public will doubt the justice of the proceeding." A written answer having been refused, on the allegation that it reflected on the dignity of the body, the in- trepid Clinton indignantly exclaimed, " The dignity of the House would be better supported by justice than by overstrained au- thority." McDougall was recommitted to prison, where he re- mained but a short time before he obtained his release through the efforts of his friends. CHAPTER IV. Governors Trton and Colden. — Tax on Tea. — The "Mohawks" AND Sons of Liberty. — Boarding of the Tea-Ships. 1. Lord Dunmorb having been transferred to Virginia, William Tryon was duly commissioned as Governor in his stead. On his arrival early in July, he was favorably received by the people, signalizing his accession, however, as did his prede- cessor, by a refusal to accept any income from the Assembly, preferring to rely for support exclusively upon his Majesty, and the disposition by the government of the colonial taxes. The quiet of the city and province remained undisturbed for a con- siderable period after Tryon's assumption of his duties, although the revolutionary spirit was rapidly increasing in depth and earnestness. 2. The persistent refusal on the part of the colonies to import, purchase, or in any manner to use tea, the only remaining commodity on which an impost was demanded by the British Government, induced Parliament, on the urgent representations of the East India Company, to remit all export duties payable by the Company in England, and to insist only upon a tax of threepence per pound payable on its arrival in America. 3. Large shipments of tea having been prepared for the colo- nies under the expectation that the trifling duties demanded by Governor Trvon's administration. — Tax on tea. 92 FIFTH PERIOD. the new act would secure a ready sale, the irrepressible Sons of Liberty again rallied their forces, sternly prohibiting the in- ti'oduction under any pretence of the obnoxious article, and delegating an association of their number, known as " Mo- hawks," to superintend the aiTival of ships freighted wholly or in part with this cargo. 4. Alarmed at these decided demonstrations of the popular leaders, the Tea-Commissioners appointed for New York at once resigned their commissions ; and even the foreign tea- merchants began to doubt the expediency of shipments to the colonies ; but being reassured by a renegade merchant of New York that all opposition would be promptly quelled by the new Governor, who was a man of decision and energy, they deter- mined to ventiire upon the experiment. 5. On the 27th of November the Sons of Liberty formally renewed their organization and adopted a series of spirited reso- lutions, denouncing as enemies to the liberties of America any person aiding or abetting in any way the introduction, pur- chase, or use of tea, and declaring that whether the duties im- posed by the act were paid in Great Britain or America, the liberties of the colonies were equally affected. On the 16th of December, the same day on which the Boston tea-party took place, these resolutions were again promulgated in imme- diate anticipation of the landing of a cargo from England. Governor Trj-on made an ineffectual effort to secure its introduc- tion by promising that after its formal reception the tea should be returned to the ships ; but the excited inhabitants, headed by John Lamb, unanimously refused to permit its landing. 6. The ship, in the mean while, delayed by adverse winds, failed to make her appearance ; and on the 7th of April of the ensuing year, Tryon, leaving the government again in the hands of Golden, set sail for England. On the 18th the long-expected vessel — the Nancy, Captain Lockyer — arrived off Sandy Hook with a cargo of tea for the port. The pilots, under the directions of the Vigilance Committee, detained the vessel in the Lower Bay, while several of the committee pro- ceeded on board and took possession. The captain was per- Sjiiiitcd proreedinfr? of the Sons of Liberty. — Colden resumes the admin- i^itration. — Arrival of tea-ships. TEA TROUBLES IN NEW YORK. 93 mitted, under a strong escort, to consult with the consignee, who at once refused to receive the cargo, and advised its prompt return to England. 7. On the 22d, Captain Chambers, a recreant New-Yorker, arrived in tlie harbor with the ship London, and was immediate- ly boarded by two of the members of the committee. On his assurance that he had no tea on board, and the exhibition of his papers, confirming this statement, he was permitted to pro- ceed to the city. On reaching the wharf, the vessel was again boarded by the committee, who demanded a thorough search for the obnoxious article. Driven to bay by their determined vigilance, Chambers finally admitted the possession of tea, al- leging, however, that it was his own on a private venture, and without the knowledge of the Company. At eight in the even- ing the vessel was again boarded by a vast crowd of the ex- cited inhabitants, the hatches forced open, eighteen chests of tea brought upon deck, opened, and their contents emptied into the river. No attempt at disguise or concealment was made ; and the people at an early hour quietly dispersed without f'lr- thcr violence. 8. The nest morning, in pursuance of a call of the Vigilance Committee, the citizens assembled in front of the Coffee House in Wall Street, where Lockyer was lodging, and amid the ringing of bells, firing of cannon, display of flags, and the music of the city bands, conducted him to a boat at the foot of the street, whence, with his companion Chambers, under the escort of a less ceremonious committee, he was taken on board the Nancy, and, accompanied by the vigilant representatives of the popular feeling three leagues beyond Sandy Hook, they took a polite leave of their entertainers and proceeded on their outward voyage. 9. On a meeting of the citizens on the 19th of May, in re- sponse to an invitation from the patriots of Boston for a re- newal of the non-importation agreement, a corresponding com- mittee of fifty-one of the leading inhabitants was formed, and a sub-committee, consisting of Alexander McDougall, Isaac Low, Xcw Toi-k " tea-party. " — Procoedings of the Viirilanco Commirrce and ciiizcn?. — Departure of the tea-ships. — Public meeting of citizens.— Committee of fifty-one. 94 FIFTH PERIOD. James Duane, and John Jay, appointed to prepare an answer to the Bostonians. This committee, deeming a renewal of the non-importation agreement inexpedient under existing circum- stances, recommended a General Congress of deputies from the colonies for the consideration of public affairs. At a public meeting on the 6th of July, presided over by McDougall, and at which Alexander Hamilton, then a youth of seventeen, and a student of King's College, made his first appearance as an orator, the non-importation agreement was renewed, notwith- standing the opposition of the committee, their recommenda- tion of a Colonial Congress adopted, and resolutions strongly sympathizing with the Bostonians under the arbitrary tyranny of England unanimously passed. 10. The second Colonial Congress accordingly assembled at Philadelphia early in September, New York being represented by Philip Livingston, John Alsop, Isaac Low, James Duane, and John Jaj% appointed by the committee of fifty-one, in con- junction with a committee of mechanics. This body adopted a Declaration of Rights and Privileges drawn up by Jay, pro- testing against standing armies and parliamentary taxation, and declaring the various obnoxious acts passed since the accession of the present monarch infringements of their rights and uncon- stitutional. They also leagued themselves into a non-importa- tion association, pledging themselves to import no goods from Great Britain or its dependencies until the repeal of these acts. 11. The Assembly, although a majority of its mem- bers could not be prevailed upon to afford their sanction to the proceedings of the Colonial Congress, addressed, never- theless, a strong remonstrance to Parliament against its harsh and severe treatment of the colonies, in terms so distasteful to that body that the ministry refused to receive it. On the 3d of April, 1775, the Assembly adjourned, and was never afterwards convoked. The first Provincial Congress, consisting of delegates from the several counties, assembled in their stead on the 20tli of April, and appointed five delegates to the first Continental Congress, which convened at Philadelphia in the ensuing month. Recommendation of a Geneva! ronii'css. — Second Cfilonial Congress. — ■ Declaration of Rights. — Xon-importation league. — Assembly. — First Provincial Congress. — First Continental Congress. THE REVOLUTIOXARY WAR. 95 12. On the 2 2d of May the Provincial Congress, consisting of about seventy members, again convened at New Yorli. Two regiments Viere authorized to be raised ; bounties were offered for the manufacture of gunpowder and muskets ; fortifications at Kingsbridge and the Highlands were projected, and Philip Schuyler and Richard Montgomery were recommended to the Continental Congi-ess as Major and Brigadier Generals. After delegating their powers to a committee of safety they ad- journed early in September. 13. A short time previous to these events the seventy-four- gun ship Asia had been ordered from Boston and anchored off the Battery, with her guns pointed against the city. The re- moval of the troops to Boston, preparatory to a large reinforce- ment, rendered the erection of additional barracks in that citj' necessary, for which the mutinous inhabitants declined furnish- ing the requisite materials. New York was applied to for aid ; but the vigilant Sons of Liberty peremptorily forbade any ef- forts in that direction. A vessel was, however, fitted out for that purpose in the harbor ; and the patriots, headed by John Lamb, Marinas Willett, and Isaac Sears, resolved to seize the ship and prevent her voyage. The citizens were requested to provide themselves with a supply of arms and ammunition. Sears, the principal instigator of this daring movement, was ar- rested and brought before the Mayor, but, on his refusal to give bail, was committed. On his way to prison, however, he was forcibly rescued by the people, and conducted in triumph through the principal streets of the city. 14. On the receipt, soon after, of intelligence of the battle of Lexington, all business was at once suspended ; the patriotic Sons of Liberty took possession of the City Hall, distributed the arms and ammunition found there and at the arsenal among the citizens, a portion of whom organized a volunteer corps under the command of Samuel Broome, and assumed the temporary government of the city. They obtained possession of the Custom House, which they at once closed, laid an em- bargo upon the English vessels in the port destined for the Second Provincial Congress. — Arrival of the Asia. — Disturbances in the citv. — Receipt of news of the battle of Lexington. — Proceedings of the Sons of Liberty. 96 FIFTH PERIOD. eastern colonics, and relieved them of eightj' thousand pounds' worth of provisions and supplies for the British army. 15. On the otli of May, a Provisional Government, consist- ing of one hundred of the principal inhabitants, was organized by the citizens, and the municipal affairs of the city placed under their absolute control until the Continental Cougi'ess should otherwise order. A large body of troops being on their way to the city, Lieutenant-Governor Golden was soon after- wards requested to use his influence with General Gage, then in command in the city, to prevent their landing. The Con- gress, however, recommended that permission for their land- ing should not be withheld, while no fortification should be al- lowed to be constructed, and all warlike stores be removed from the town, and a safe retreat provided for the women and chil- dren in the event of a siege. 16. In the mean time the patriots under the direction of their daring leader, John Lamb, having procured a vessel from Connecticut, had taken possession of a quantity of military stores belonging to the royal troops, at Turtle Bay, near the foot of the present Forty-Seventh Street on the Hudson, a portion of which was despatched to the army at Cambridge, and the residue reserved for future use. Some other demonstrations of the popular feeling occurring soon after, the Provisional Con- gress requested General Woostcr to take up his head-quarters near the city, where he accordingly, early in June, encamped with his troops at Harlem. 1 7. The royal troops, having been soon afterwards ordered to repair to Boston, were permitted by the Provisional Government to depart, with the stipulation that they should take nothing with them but their own arms and accoutrements. Disregard- ing this express restriction, they proceeded to the place of em- barkation in Broad Street with a large quantity of military stores belonging to the citj-. Here, however, they were met by Colonel Marinus Willett and John Morin Scott, who, notwith- standing the opposition of their leader and the remonstrances of tlie Mayor and Gouvernenr !Mon-is, who supposed full permis- rrovision.il Government of the city. — I'iitriofie demonstrations. — Cap- ture of .Tmmiinitinn nt Tiirtle Bay. — General Wooster encamps at Har- lem. — Embarkation of the royal troops for Boston. ETHAN ALLEN AT TICONDEROGA. 97 sion had been given by the authorities, succeeded with the aid of the citizens, who had by this time assembled, in turning them back, and regainnig the arms. Having secured the stores in a safe place, the soldiers were escorted to the wharf, where they embarked amid the hisses and execrations of the crowd. CHAPTER V. Capture of Ticoxderoga and Crown Point. — Washington as- SU.ME? Command of the Army. — Governor Tryon's Abdication. — Invasion of Canada. — Siege of Quebec and Death of Mont- gomery. 1. On the morning of the 10th of May, 1775, Colonel Ethan Allen of Vermont, aided by Captain Benedict Arnold, having with a force of eighty-three men crossed over Lake Champlain from the Vermont shore during the preced- ing night, attacked the strong fortifications of Ticonderoga, and, after a brief conflict with the surprised garrison, demanded and effected its surrender " in the name of the Great Jehovah and the Continental Congress." One hundred and eighty-two can- non and a large quantity of military stores were captured with the gan-ison, as the result of this bold and daring enterprise. On the succeeding day. Colonel Seth Warner, of Vermont, ob- tained possession of Crown Point, with its garrison and a hun- dred and eleven pieces of artillerj'. This gallant enterprise seems to have been originally suggested by Colonel John Brown of Massachusetts. 2. On the 25th of June, eight days after the battle of Bunker Hill, 'Washington, having been commissioned by the Continental Congress as Commander-in-Chief of the American armies, passed through New York on his way to his head- quarters at Cambridge, whither he was escorted by the provin- cial militia, and where, on the 3d of July, he assumed the com- mand. Trj-on on the morning of the daj^ Washington left the city resumed his official duties as Governor, and was accorded a Recapture of arms bj- tlie citizens. — Capture of Ticonderoga and Crown Point — Washington assumes command of the army. — Return of Gov- ernor Trvon. 98 FIFTH PERIOD. favorable reception by the Mayor and Corporation ; although such was the changed sentiment of the city, that, while nom- inally according him all the respect due to his position, the Provincial Congress in their midst secured their ready and im- plicit obedience. 3. Three thousand men were ordered by the Continental Con- gress to be raised by the colony of New York as her qxiota of the troops for the public defence. Four regiments were ac- cordingly raised under the authority of the Provincial Congress, and placed under the command of Colonel Alexander McDou- gall, Gozen Van Schaick, James Clinton, and Colonel Holmes. John Lamb was appointed to the command of an artillery and Marinus Willett of an infantry company. Sears and others of the " Liberty Boys " joined the ranks. 4. The Provincial Congress, desiring the guns of the fort on the Battery for the fortifications of the Highlands, and re- garding their present position as unfavorable to the patriotic cause, directed their removal accordingly. Captain Lamb, on the night of the 23d of August, proceeded to the execution of this order with a party of the Sons of Liljerty and a number of citizens, including Alexander Hamilton. While thus engaged a shot was fired from a barge of the ship-of-war Asia, stationed near the shore ; and on the fire being returned by Lamb, killing one of the crew and w^onnding several others, a heavy can- nonade was opened upon the town b}' the ship, inflicting con- siderable damage upon the buildings near the Battery and severely wounding some of the inhabitants. The Liberty Boys, undismayed by this formidable attack, coolly persevered in their work until it was completed and the guns safely removed. 5. The commander of the Asia, on the ensuing daj', for- warded a despatch to the Mayor, demanding satisfaction for the murder of one of his crew. A desultory correspondence followed the receipt of this demand, when the Provincial Con- gress put an end to it by declaring that, as the Asia had seen fit to cannonade the city, she must henceforth obtain her sup- Org-anization of four regiments as the quota of New York. — Removal of the ^uns on the Battery. — Cannonade of the city by tlie Asia sloop-of- war — Disposition of the demands for satisfaction of the cannonade of the Asia. THE REVOLUTIONARY WAR. 99 plies from some other source. Meanwhile the Governor, finding his position growing daily more unsatisfactory and perilous, de- termined to abandon the city, and took refuge on board the Asia. His organ and that of the royalists — Rivington's New York Gazette — having excited the ire of the patriots. Captain Sears, with a party of light-horse, on the 4th of December proceeded to its demolition, destroying the press and scattering the types. The proprietor sailed for England, whence, how- ever, on the occupation of the city by the British troops, he returned and resumed the publication of his journal. 6. On the 27th of June the Continental Congress directed General Philip Schuyler to repair to Ticonderoga, and in con- junction with Colonels Arnold and Hinman to place the fortifica- tions at that post in a complete state of defence, and afterwards, if found practicable, to take military possession of St. John's, Montreal, or any other portions of Canada which he might deem important to the interests of the colonies. Schuyler, under these instructions, reached Ticonderoga on the 18th of July, and, after making suitable provisions for its defence, despatched an agent to Canada to ascertain the disposition of the inhab- itants, and the number and condition of the royal forces. 7. General Montgomery, with a force of twelve hundred men, left Crown Point on the 31st of August, and being joined on the 4th of September by Schuyler, with about a thousand troops, the latter advanced on the 6th against St. John's, but, meeting with a formidable opposition, withdrew and re-embarked his troops on the succeeding morning. Having been reinforced by seven hundred men from New York and Connecticut, a second attempt upon St. John's was made, under the command of Montgomery on the 1 0th, which was again frustrated by the cowardice of the troops. General Schuyler being compelled by sickness to return to Ticonderoga, Montgomery assumed the command of the expedition on the 16th, and on the same day was joined by Colonel Seth Warner, with one hundred and seventy Green Mountain boys. On the 1 9th of October the fort at Chambly, twelve miles below St. John's, was captured by Majors Brown and Livingston. Governor Tryon's abdioation. — Demolition of Rivington's press. — Prep- arations for an invasion of Canada. 100 FIFTH PERIOD. 8. It was not, however, until the 2d of November, that St. John's was sun-endered, after a series of misfortunes and miscarriages wliich would have discouraged a less determined spirit. Five hundred regulars and one hundred Canadians, with forty pieces of artillery and a quantity of naval stores, fell into the hands of the victors. Two parties sent to the relief of the fort by General Carleton, the British commander, one of which was headed by himself, were defeated by Colonel AVarner and Majors Brown and Livingston. JIajor John Andre, whose subse- quent history is w^ell known, was one of the prisoners taken at the fort. Colonel Allen, in the mean time, acting wholly with- out authority from Schuyler or Montgomery, had involved him- self in a series of disastrous failures in an attack upon Mon- treal, resulting in his capture and prolonged imprisonment. 9. General Montgomery then proceeded to Montreal, which city, after intercepting and defeating a strong naval and military force under the command of Generals Carleton and Prescott, was surrendered to him on the 12th of November. In the mean time General Washington had, about the middle of Sep- tember, despatched Arnold with a force of about two thousand men, hy the route of the Kennebec River, against Quebec. After incredible hardships and fatigue the troops reached Point Levi, opposite the city, on the 8th of November, and, having been strengthened by the aiTival of reinforcements from St. John's, crossed the river on the 13th, and were drawn up on the Plains of Abraham, where they awaited the answer of the garri- son to their repeated demands for surrender. 10. Learning, however, of thq approach of an armed vessel to the relief of the city, Arnold on the 1 9th withdrew his forces a short distance up the river, to await the arrival of Montgom- ery, who on the 3d of December joined him with a strong rein- forcement. The combined army immediately moved down the river to Quebec, and on the next day took up their position op- posite the city, where vigorous preparations had been made by Carleton, who had escaped from Montreal, for their reception. A spirited but ineffectual bombardment was kept up for several days by the besiegers, when on the 16th a definitive plan of Siege nnd capture of St. John's. — Disastrous expedition of Allen. — Siege of Quebec by Arnold and Montgomery. CAPTURE OF QUEBEC. 101 operations was arranged by Montgomery for a final and decisive assault. 11. In consequence, however, of the treachery of deserters, a change in this plan became necessai-y. Major Brown and Colonel Livingston were intrusted with the execution of two feints on the upper town ; Arnold, with Lamb's artillery, was ordered to attack the suburbs on the north ; while Montgomery in person was to attack the lower town, with the consolidated forces, upon their junction. 12. At five o'clock in the morning of the last day of Decem- ber, in the midst of a furious storm of wind and snow, the troops took up their respective lines of march. Montgomery, at the head of his detachment, descended from the Heights of Abraham toward the lower town, where, encountering a block- house of hewed logs, flanked by a strong stockade, with his own hand he sawed off the posts of the latter, and at the head of his party entered the opening. At that moment the occu- pants of the block-house discharged against the assailants a three-pounder loaded with gTape, instantly killing every person who had entered, with the exception of the French guide, in- cluding General Montgomery and both his aids. The remainder of the party, appalled by this disaster, immediately fell back hastily and retreated to their quarters. 13. Meanwhile the intrepid Arnold led his men through a succession of heavy snow-drifts to the foot of the cliff on the St. Lawrence, where a battery was erected for the defence of the suburbs. Advancing to its attack at the head of his troops, he was disabled by a musket-shot in the knee, and conveyed from the field. Captain Morgan, assuming the com- mand, carried the battery, amid a storm of musketry and grape-shot, and immediately commenced an assault upon a second batter}', which he also carried after a fierce contest of three hours. Carleton, however, with a heavy force, now ap- peared in his rear, and the gallant Morgan, finding himself un- supported and surrounded was compelled to surrender, leaving a hundred and fifty of his heroic band killed or wounded, and a large number of prisoners, including Captain Lamb, Major Og- dcn, Aaron Burr, and Captain Oswald. Death of Montgomery, and defeat of Captain Morgan. 102 FIFTH PERIOD. 14. General Carleton, after making suitable provision for the disposition of the dead and wounded, with a chivalry which re- flects high credit on his character, directed special honors to be paid to the remains of his gallant enemy, General Montgomer}', which were buried, under the personal superintendence of the Lieutenant-Governor, within the walls of the city. Forty-two years later they were removed, by order of the Legislature of New York, to St. Paul's Church in the city of New York, where they now repose under a monumental tablet, erected under the directions of Congress as a lasting record of his bravery and worth. 15. Colonel Arnold assumed the command of the remain- ing troops, and having withdrawn from the immediate neigh- borhood of the citj-, awaited the arrival of General Wooster, who, in April of the ensuing year, renewed the siege. After a series of ineffectual efforts to effect an entrance, the troops, on the approach of General Burgoyne early in May, with heavy rein- forcements, hastily retreated, leaving their stores and sick in the hands of the enemy. Thus terminated this bold and daring but disastrous invasion of Canada, — a result due more to the insubordination and want of discipline of a portion of the troops, the absence of necessary supplies, and the inefficiency of some of the officers, than to any deficiency in its conception, or want of ability or heroic bravery in its gallant commanders. Honors to the memory of Montgomery. — Continuance of the siccre by Arnold and Wooster. — Arrival of Burgoyne, and retreat of the American troops. THE REVOLUTIONARY WAR. 103 CHAPTER VI. Declaration- of Ixdepexdesce. — Investment op the City op New York BY THE British. — Battle of Long Island. — Ketbeat op THE Americans to Harlem Heights and Kingsbridge. — Execd- TiON OF Xatiiax Hale. — Battle op White Plains. — Capture of FoKTS Washington and Lee. — IIeteeai through New Jersey. 1. General Washington having, about the middle of March, 1776, forced the British troops under Howe to evacuate Boston, whence they sailed for Halifax, and apprehen- sive of an intended attack upon New York by the forces under Sir Henry C'linton, made immediate preparations for the defence of that city. General Charles Lee, who had commanded the American forces since the departure of Wooster in January, having been ordered to Charleston, General Putnam was as- signed to duty in his place. Clinton, aware of the spirited preparations for his reception, passed down the harbor with his troops, and proceeded south to the attack of Charleston. 2. General Washington, with the main body of his army, arrived in the city in April, and proceeded to fortify the town and its vicinity, together with the passes of the Highlands on the Hudson. On the 25th of June General Howe appeared before the city with a fleet from Halifax, and on the 2d of July took possession of Staten Island on the south, where he was soon after joined by his brother, Admiral Lord Howe, with a fleet and a large land force from England, and by Sir Henry Clinton with the troops iinder his command. 3. In the mean time a committee of Congress, consisting of Thomas Jeff'erson of Virginia, John Adams of Massachusetts, Benjamin Franklin of Pennsylvania, Roger Sherman of Con- necticut, and Robert R. Livingston of New York, had reported a Declaration of Independence, which, on the Fourth op July, was unanimously adopted by the delegates of all the late Colo- nies, now fonning the Thirteen United States of America. This declaration was enthusiastically approved on the 9th of July by Pvppanitions for the defence of New York. — General and Lord Howe and Sir llenrv Clinton invest New York. — Declaration of Independence. 104 FIFTH PERIOD. the Fourth Provincial Congress of New York, at their meeting at White Plains, and effective measures of defence were inaugurated. 4. The city of New York was now invested bj' a formidable army of twenty-five tlioxisand veteran troops, under the com- mand of an able and experienced general, and heavy reinforce- ments from England and the Continent were daily expected. By the possession of the city, with its harbor and adjacent islands, and the consequent command of the Hudson, a free communication with Canada was expected to be secured, and the separation of the Eastern from the !Middle States effected. To meet this powerful force, Washington had at his command an undisciplined militia of about seventeen thousand effective men. 5. Sevei'al abortive efforts at accommodation having been made by the British commanders, a force of ten thousand men, with forty pieces of artillery, were, on the 22d of August, land- ed on the southern shore of Long Island, near the villages of New Utrecht and Gravesend, a few miles below the city, and in tliree divisions marched to the attack of the American camp at Brooklyn, commanded by General Putnam, with a force of about five thousand men. The left division of the British army, under General Grant, took the route by the Narrows towards Gowanus ; the right, under Generals Clinton and Cornwallis, that lead- ing to the interior of the island, and intersecting the road leading from Bedford to Jamaica ; and the central division, under De Heister, chiefly composed of Hessians, that by the vil- lage of Flatbush, on the south of the range of hills connecting the Narrows with Jamaica. 6. On the morning of the 27th, Clinton, advancing from Flat- lands, had succeeded in gaining possession of the Jamaica pass, near the site of the present East New York, intrusted to the command of General SuUivan, and, with his entire force, de- scended, by the village of Bedford, into the plain between the hills and the American camp. Grant, moving along the shores of the baj-, attacked Lord Stirling on the present site of the Greenwood Cemetery. De Heister, advancing on the Flatbush road, the patrols assigned to guard the passes having been rash- Approved Ijy Provincial Conjrress at While I'laiiis. — Plan of the cam- paign. — Forces of the combatants. — Battle of Long Island. — Disposition of the forces. BROOKLYX AXD HARLEM HEIGHTS. 105 ly withdrawn by Putnam's order, engaged Sullivan, while Clinton gained a position in his rear. Sullivan immediately ordered a retreat to the American lines at Brooklyn ; but being pressed by Clinton and driven back upon the Hessians, after losing a great portion of his force, he was compelled to surrender. 7. Cornwallis, in the mean while, taking the road to Gowanus, attacked Stii-ling, who was made prisoner, together with most of his command, manj- of their number having been drowned while attempting to escape across the Gowanus Creek. The victory on the part of the British was decisive. Five hundred Americans wore killed or wounded, and upwards of a thousand taken pris- oners and confined in the prison-ships at New York, where, for a long period, they endured extreme hardships and privations. The British loss was comparatively trifling. On the night of the 29th, Washington silently, and under cover of the darkness and a thick mist, drew off the remainder of his troops to New York, unperceivcd by the enemy. 8. On the 12th of Sejjtember, Washington, with the broken and dispirited remainder of his forces, retreated to Harlem Heights on the upper part of the island, where he fortified him- self and awaited the attack of the British. With the view of obtaining authentic information of their movements, Nathan Hale, a young officer in Colonel Knowlton's regiment, was de- spatched to the enemy's camp on Long Island, in disguise. After possessing himself of full intelligence of their strength and plans, he was intercepted on his return and conveyed to General Howe's head-cjuarters, then in New York, where he was tried and convicted as a spy, and executed at daybreak on the ensu- ing morning, with circumstances of contumely and insult reflect- ing deep disgrace on their heartless agents. 9. In the mean time, under cover of the fire of the British ships, Howe, on the I5th, landed at Kip's Bay, at the foot of the present Thirty-Sixth Street on the East River, driving before him two brigades of Connecticut militia stationed in the neigh- borhood for its defence, to the intense and passionate indigna- Defeat of the Americans. — Witlulrawal of the troops to New York. — Retreat to Harlem Heichts. — Arrest and execntion of Nathan Hale as a spy. — Howe effects a landing at Kip's Bay. — Cowardly retreat of Connec- ticut troops. 106 FIFTH PKhlUli. tion of Washington, who arrived on the ground just in season to ■witness, without being able to prevent, their ignominious flight. Seeing that further occupation of the island was impracticable, Putnam received orders to evacuate the city, and the troops at Harlem were removed to Kingsbridge, at its upper extremity. Silliman's brigade, which by some mischance had been left be- hind, was extricated from its perilous position by the bravery and address of Colonel Burr, then an aid of Putnam's. On the next day a severe skirmish ensued between the contending forces at Harlem, in which the Americans were victorious, with the loss of two brave officers, — Colonel Knowlton of Connec- ticut and Major Leitch of Virginia. 1 0. General Howe, with the design of gaining the rear of the American army, leaving a strong force in possession of the city, and sending three armed vessels up the Hudson to intercept all communication with New Jersey, transferred the main portion of his forces, now amounting to 35,000 men, to a point in West- chester County, in the vicinity of Throg's Neck on the Sound, sixteen miles north of the citj'. Washington, comprehending his designs, and leaving a gairison of three thousand men in Fort Washington on the Hudson, under command of Colonel Magaw, withdrew the residue of his forces to White Plains, on the left bank of the Bronx Eiver. 11. Here the American army took post on the high grounds northwest and northeast of the village, and on the lower ground between, extending from the Bronx on the right to Horton's (now Willett's) Pond, on the left, having the village in their front, and the rocky height known as Chatterton's Hill on the south- west, separated from the right of the lines by a narrow marsh, through which the river flowed. The enemy, meanwhile, having advanced to Scarsdale, within four miles of White Plains, where they remained for three days, marched, on the morning of the 28th of October, in two columns, to the attack, General Clinton with the British troops commanding the right, and General Howe, with the Hessians under De Heister, having charge of the left. 12. Driving before them the pickets and advance parties, T\'ashinjrton's indijrnation. — Evacuation of the city. — Skilful extrica- tion of Silliman's hrisado. — Skirmish at Harlem. — Advance of the British to Throij's Xi'ck. — Retreat of Washington to White Plains. Tin: REroLVTiosAnY war. 107 the division of De Heister encountered at Hart's Corners, about a mile south of the lines, a battalion of two thousand Ameri- can troops, under General Spencer, who gave them a temporary check. The}- speedily rallied, however, and gained a position south of Chatterton's Hill, in front of which intrenchments had been hastily thrown up by the Americans, and placed in charge of General ^McDougall, at the head of his brigade. Colonel Haslett's Delaware regiment, which had been ordered to his sup- port, was thrown into confusion by the Hessian fire, and replaced by the Maryland and one of the New York regiments on the extreme right of the line. 13. General Howe, abandoning his original intention of at- tacking the main body on the heights and plains north of the village, concentrated his force against McDougall. A sharp cannonading was kept up for upwards of an hour. The enemy, in three divisions, steadily ascended the hill, attacking simul- taneously the regiments stationed on its southern and northern slope and on the summit, as well as the right flank which was assailed by the Hessians. An attempt to turn McDougall's left was promptly defeated. After an obstinate contest. General JIcDougalFs troops were forced to give way, with the loss of about sixty men killed and an equal mmiber wounded, with forty prisoners. The remainder of the force retreated in good order. U. On the ensuing night. General Washington drew back his lines, ordered fresh reinforcements, and so strengthened his position that no renewal of the attack was attempted. On the ■Slst he retired to North Castle, about two miles north, where he remained until early in November, when the enemy withdrew their forces to Kingshridge, preparatory to a contemplated attack on Fort Washington, which was speedily invested. 15. This important fortress occupied a prominent position on the Hudson River, between the present One Hundred and Eighty- First and One Hundred and Eighty-Sixth Streets, the highest point on the island, and completely commanding the navigation of the river. It was supported and defended by a series of strong redoubts, batteries, and other -works, on the north and south, extending across the entire island at that point, covering the Battle of White Plains. 108 FIFTH PERIOD. Harlem River, and that portion of Westchester County between its eastern shore and Long Island Sound. 16. General Knyphausen, with a large body of Hessian and English troops, amounting in all to five thousand men, attacked the fort on the 16th of J^ovember, which, after a gallant defence by the garrison, under Colonel Magaw, w^ith about three thousand men, was compelled to surrender, with the loss of fifty men killed and about one hundred wounded, the remainder being captured. Two days aftem-ards. Fort Lee, on the opposite shore of the Hud- son, fell into the hands of Lord Comwallis, with its garrison of six thousand men, and a quantity of baggage and military stores. And the remainder of the American army fell back through New Jersey to Trenton, where, on the 8th of December, they crossed the Delaware into Pennsylvania. 1 7. Events, meanwhile, of considerable importance, were trans- piring on the northern frontier. General Gates, — to whom the command of the troops lately engaged in the disastrous expedi- tion against Canada had been assigned, — apprehensive of an im- mediate attempt to recapture Crown Point and Ticonderoga, abandoning the former by the advice of a council of officers, concentrated his forces at the latter point, where in August he constructed a squadron of small vessels, and placed them on Lake Champlain under the command of General Arnold. Carleton, on learning this intelligence, made similar preparations on his part to counteract the movement, whatever it might por- tend, and anchored his squadron opposite St. John's. Arnold, unaware of the strength of his opponent, fell back from his position opposite Crown Point to Valcour's Island, a short dis- tance south of Plattsburg, where he anchored his fleet across the narrow channel between the island and the western shore of the lake, and awaited Carleton's approach. 18. On the morning of the 1 1th of October the enemy's squadron, consisting of a very superior force in ships, schooners, soldiers, and seamen, appeared off Cumberland Head to the northward, and, sweeping around the southerly jjoint of Valcour's Island, took up a position directly south of the American fleet. Capture of Forts Washington and Lcc. — Retreat of the American army through Xew Jersey to Pennsylvania. — Naval combat on Lake Champlain between tlie British and American fleets. THE REVOLUTIONARY WAR. 109 Arnold immediately prepared for action, and at about eleven o'clock his schooner — the Royal Savage — and a few of the small boats got under way, the residue of the squadron remaining at anchor. The schooner was speedily disabled by the enemy's guns, and, to prevent her falling into his hands, run ashore by her captain and burnt. The action was continued with round and gxape shot, on both sides, until night separated the com- batants. 19. So severe were the injuries sustained by the American squadron in this desperate engagement, that an immediate return to Crown Point was deemed advisable; and notwith- standing the proximity of the enemy's vessels in their front, aided by the darkness of the night and the presence of a heavy fog, they succeeded in passing through the fleet undiscovered, and in reaching Schuyler's Island, ten miles distant, where they stopped for a short time for repairs. Resuming their course, and closely pursued by their disappointed adversaries, they reached Willsborough, about thirty miles north of Crown Point, on the morning of the 13th, and were shortly afterwards overtaken by the enemy's fleet, favored by a fresh northeasterly breeze. 20. The schooner Washington, which was first overtaken, after sustaining with great gallantry the fire of three of the British vessels, struck her colors, and General Waterbury and his men, who were on board, were taken prisoners. The Congress was next attacked, and sustained for five hours a spirited but unequal contest against a vastly superior force, when, having become a complete wreck, with her sails, rigging, and hull torn to shreds, Arnold run her into a creek on the eastern shore of the lake, and set her on fire, with the remaining boats by which he was accompanied. He then, after witnessing the completion of his work, marched his men through the woods to Chimney Point, reaching Crown Point at an early hour on the ensuing morning. 21. Of the fleet with which he sailed from Crown Point a few days before, only two schooners, a sloop, two galleys, and a gondola remained. The prisoners captured from the Wash- ington were released on parole, and returned to Crown Point on The American fleet disabled. — Its retreat and pursuit. — Return to Crown Point. 110 FIFTH PERIOD. the next day. General Arnold was highly complimented in all quarters for his skill, bravery, and persistent courage in the face of so great odds ; and the result of the combat was hailed as indicative of future naval triumphs on the part of the Ameri- cans, under less adverse circumstances. CHAPTER VII. First State Constitution. — George Clinton elected Goterxor. — Barbarous Treatment of Prisoners in the City of New York. — Burgotne's Campaign. — Murder of Jane McCrka. — Battle of Oriskant. 1. Meanwhile the city of New York became, from the period of its occupation by the English troops, the head-quarters of the British army, under the command of General Howe. The patriotic inhabitants — such of them, at least, as had escaped capture and imprisonment — were compelled to aban- don their abodes, which were occupied chiefly by officers of the army and hosts of Tories from the neighboring counties. The Provincial Congress adjourned to Kingston and other towns on the Hudson, where, in conjunction with delegates from the in- terior, they established a committee of safety, with John Jay at its head, and by spirited and patriotic addresses encouraged resistance to the common enemy. Westchester and Rockland, known as the neutral ground, were infested by " Cow-Boys " and " Skinners," — the former avowed Tories, and the latter indif- ferent to any principle other than plunder. 2. In March, 1777, General Howe despatched a strong force up the Hudson for the capture of the military stores of the Americans at Peekskill, which, on their approach, were promptly destroyed by the defenders under the command of General Mc- Dougall, and the party, without accomplishing their object, returned to New York. A short time afterwards Colonel Meigs, with one hundred and twenty men, attacked a British post at Sag Harbor, on the eastern extremity of Long Island, Result of the conflict. — Occupation of New York. — The neutral ground. — Military stores at Peekskill. — Attack on Sag Harbor. THE REVOLUTIONARY WAR. \\\ burned several vessels, store-houses, &c., and took ninety prisoners, for which he received the thanks of Congress. 3. In April of this year, a Convention of delegates, represent- ing the several counties of the State, assembled at Kingston and formed the first State Constitution. By its provisions a Gov- ernor was to be elected by the people for a term of three years, and the legislative department vested in a Senate and Assem- bly, deriving their power from the same source. All inferior offices were to be filled by the Governor and a council of four senators, — one from each district ; and to a Council of Revision, similarly constituted, was assigned the power to pass upon the validity and constitutionality of legislative acts. George CnxTOX, of .Orange County, already favorably distinguished for his patriotism and public and private worth, was elected Gov- ernor. John Jay was appointed Chief-Justice ; Robert R. Livingston, Chancellor ; and Philip Livingston, James Duane, Francis Lewis, and Gouvemeur Morris, delegates to the Con- tinental Congress. 4. During this period, and until nearly the conclusion of the war, the niunerous prisons in the city of New York, and the prison-ships in its vicinity, were crowded with captives, whose ill-treatment and sufferings reflected a lasting disgrace upon the vile instruments by whom they were inflicted and upon the nation which permitted them. The City Hall, the Bridewell, situated on the Commons, the new jail in the Provost, many of the churches, the old Sugar-House, built in the days of Leisler, and other public buildings, were transformed into receptacles for the captured soldiers. 5. The Jersey prison-ship, and numerous other vessels in the bay, rivers, and harbor, were converted into loathsome dungeons for the sailors. The former, under the supervision of the in- famous Provost-Marshal Cunningham, with his assistants, depu- ties, and commissaries, were subjected to the most inhuman and incredible barbarities ; while the latter were huddled together in vast numbers in crowded hulks and miserable cabins, suffering all the horrors of pestilence, starvation, and tyrannical barbarity. Constitutional Convention. — Election of Governor and appointment of State officers and Congressional delegates. — Barbarous treatment of prisoners. — The Sugar-House and Jersey prison-ship. 112 FIFTH PERIOD. In one church eight hundred prisoners were incarcerated, of whom manj- died from sheer want of the necessaries of life, ill- treatment, and neglect ; and in another three thousand were crowded together, large numbers of whom perished from disease and violence. 6. The atrocities which have consigned the memory of the old Sugar House to an eternal infamy were of a still deeper dye, and their horrible and revolting details are equalled only by the annals of the Bastile and the dungeon vaults of the European feudal ages. But even these were surpassed, if pos- sible, in cruelty and criminality, in the Provost Jail, under the immediate charge of Cunningham, where the most brutal and barbarous treatment to prisoners of distinction of every grade was of daily occurrence. On board the prison-ships the same systematic outrages against the commonest dictates of human- ity were continually perpetrated ; nor did they cease, in these or the other prisons, notwithstanding the constant remonstrances of Washington, until the close of the war. 7. In accordance with the original design of separating the eastern and northern colonies from the southern and western by the occupancy of the Hudson River, General Burgoyne, in command of an army of seven thousand men, consisting of English, Germans, Canadians, and Indians, established himself, on the 16th of June, 1777, at Crown Point, and from that point proceeded on the 2d of July to invest Ticonderoga, sending out a detachment of about two thousand Canadians and Indians, by way of Oswego, to attack Fort Schuyler on the Mohawk. 8. General St. Clair, who commanded the post at Ticonderoga, with a force of about three thousand men, finding himself un- able to hold the outworks against the superior forces brought to bear against him, withdrew to the defences of the fort. The British troops took post on the northwest ; their German allies on the opposite side of the lake in the rear of Mount Indepen- dence, occupied by the Americans ; while Mount Defiance, on the southern side of the outlet, which commanded the entire position, had been left unfortified from inability to furnish it with an effective garrison. 9. The British immediately availed themselves of this omis- Plan and objects of the campaign. — Attack on Ticonderoga. THE REVOLUTIONARY WAR. 113 BTon by planting their artillery on the summit of this height, at the distance of about a mile from the fort ; and St. Clair, at once perceiving the futility of further resistance, evacuated the works on the evening of the 5th of July, crossed over to Mount Independence, and, sending his ammunition and stores to Slienesborough, a few miles up the lake, commenced his re- treat to Fort Edward. 10. His movements, however, having been discovered by the enemy, through the accidental burning of a building on Mount In- dependence, he was pursued, his baggage, stores, and provisions seized and destroyed, and his rear division, under Colonel Seth Warner, overtaken at Hubbardton in Vermont, and, after a severe engagement, routed and dispersed. The victors, on the 7th of July, returned in triumph to Ticonderoga, over which the British flag was floating, while the dispirited remnant of the Americans, five days afterwards, reached General Schuy- ler's camp at Fort Edward. 11. That officer, finding himself unable to maintain his posi- tion with a very inferior force against a victorious adversary, sent a strong party to obstruct the route of the invaders, while he slowly retreated, with the residue of his command, down the valley of the Hudson to the mouth of the Mohawk. Here, with the aid of the distinguished Count Kosciusko, who was attached to his staff as engineer, he erected a series of strong intrench- ments in the neighborhood of Cohoes Falls, and, reinforced by a large body of New England troops under General Lincoln, awaited, with an army of thirteen thousand men, the approach of the enemy. 1 2. Genei'al Burgoyne's march to Fort Edward was seriously impeded by the numerous obstructions thrown in his path by the party sent out to Skenesborough by Schuyler, and it was not until the 30th of July that his army, nearly destitute of provis- ions and exhausted by fatigue, reached their destination. On this march cccuiTcd the lamentable tragedy of the murder of Jane McCrea, a J'oung woman consigned by her betrothed to a party of Indians belonging to the British army, for conveyance from Retreat of St. Clair. — Retreat of General Schuyler. — Concentration of troops at the mouth of the Mohawk. — Kosciusko. — Murder of Jane llcCrea. 8 11 4: FIFTH PERIOD. Fort Edward to the British camp. The circumstances under ^vhich the murder was committed are involved in considerable obscurity ; but there seems to be little doubt that the hapless girl was brutally shot down in a quarrel among her savage guides for the reward offered for her transmission to the camp. 13. On the 2d and 3d of August, Fort Schuyler, situated on the site of the present village of Rome, on the Mohawk, had been invested by a detachment of Burgoyne's army, com- manded by St. Leger, numbering some seventeen hundred men, and consisting of a large number of Mohawk Indians under Brant, and of American Tories under Sir William Johnson and the infamous Butler. On the morning of the 4th active hostili- ties commenced, and were continued on the 5th. The fort was commanded by Colonel Peter Gansevoort. General Herkimer, with a force of about eight hundred men, marched to his relief, accompanied by Thomas Spencer, the faithful sachem of the Oneidas. Crossing the Mohawk at the present site of Utica, they encamped on the 5th at Oriskany, near the present village of Whitesborough, from whence General Herkimer sent mes- sengers to apprise Colonel Gansevoort of their approach, and to concert measures of co-operation. 14. In consequence of the reckless impetuosity of the troops under his command and their entire disregard of discipline, Herkimer, seconded by Spencer and some of his most experienced officers, was desirous of remaining in his present camp until the arrival of reinforcements, or intelligence from the fort. The junior officers, however, strongly remonstrated against all delay, and an angry altercation ensued, in the coxirse of which General Herkimer was stigmatized as a coward and a Tory. His indig- nant reply was a peremptory order to " March on ! " and the command was immediately obeyed with the utmost precipitation and disorder, taking care, however, to send out an advanced guard and flanking parties to guard against surprise. 15. St. Leger having received information of his approach, sent forward a detachment under the command of Sir John Johnson, including the entire body of Indians, headed by Brant, to intercept his progress. At about two miles west of Oris- kany an ambuscade was prepared by Brant along the margin Attack upon Fort Schuyler. — Battle of Oriskany. TEE REVOLUTIONARY WAR. 115 of a deep ravine, through which the advancing party were com- pelled to pass, and into which, followed by their baggage- wagons, they passed, and were immediately surrounded and hemmed in by their savage foe, shouting the war-whoop and pouring in upon their disorderly and panic-stricken columns a torrent of rifle-balls. The rear-guard, cut oif from their ad- vancing comrades, fled with precipitation, closely pursued by the Indians, by whom they were severely harassed, while the main body, recovering from their surprise, maintained the un- equal contest with the skill and desperation of veterans. 1 6. Early in the action. General Herkimer was severely wound- ed by a musket-ball, which killed his horse and shattered his own leg. At his request he was placed upon his saddle at the foot of a tree, where he coolly continued to direct the battle, which raged with the utmost fury for nearly an hour, when it was interrupted by a heavy thunder-storm, which enabled the little band to gain a more favorable position. The struggle was again renewed, and just as the Indians were beginning to give way before the skilful and persistent attacks of the Americans, a reinforcement of Tories was sent by St. Leger to their relief, and the hand-to-hand contest continued with increased deter- mination and ferocity on both sides. 17. The signal guns from the fort now announced a sortie from the garrison, which had been previously concerted by Gen- eral Herkimer, and, a riise of Butler's for deceiving the Ameri- cans by the appearance of relief having been detected, the Tory reinforcement were driven from their ground with great slaughter, followed by their associates and the Indians, who, perceiving the retreat of their allies, immediately fled in every direction, leav- ing the heroic band, after a contest of eight hours' duration, in possession of the field. 18. Meanwhile the detachment from the fort, under the com- mand of Colonel Marinus Willett, made an impetuous attack upon St. Leger's advanced guard, and speedily succeeded in gaining possession of his camp, military stores, and baggage, without the loss of a single man, driving the Indians into the woods and compelling Johnson to a hasty retreat. Five British standards were captured and immediately hoisted on the flag- Indian ambuscade. 116 FIFTH PERIOD. stuff of the fort, under the American colors. The siege was con- tinued until the 22d, when the appearance of General Arnold with reinforcements from Schuyler induced the prompt with- drawal of the British and their savage allies. General Herkimer soon after died from the efi'ects of his wound. CHAPTER VIII. First axd Secoxd Battles of Stillwater. — Victory of thb A.1IER1CAXS. — Surrender op Bdrgotne at Saratoga. 1. General Burgoyne, weakened and discouraged as he was .._ by the defeat at Bennington of an expedition sent into Vermont for supplies to his army, by the scarcity of pro- visions, and by the numerous obstructions which were interposed to his progress on every hand, still persisted in his determina- tion to carry out the original plan of the campaign by effecting a union with the forces of Lord Howe, and thereby cutting oflF all communication between the eastern and the middle and southern colonies. With this view, on the 13th and 14th of September he crossed with his army to the western bank of the Hudson, and encamped on the heights and plains of Saratoga, on the ground now occupied by the village of Schuylerville, — the American army being stationed in the neighborhood of Stillwater, about nine miles distant. 2. On the 18th he advanced to a position within about two miles from the American camp, near what is now known as Wilbur's Basin, where, having strengthened himself by throwing up intrenchments and redoubts, and being further protected by a deep ravine in front, preparations were immediately made for an attack on the American lines. The right wing of his army consisted of light-infantry and grenadiers, supported by the Hes- sian riflemen and a body of Canadian Tories and Indians as skir- mishers, and was placed under the command of General Frazer, Termination of the siege. — Reinforcement.'! from Arnold and Schnylcr. — Retreat of the British. — Plan of the campaign. — Burgoyne advances to Saratoga. — Position of the armies. THE REVOLUTIONARY WAR. 117 Major Ackland, and the Earl of Balcarras ; the centre, of Eng- lish troops under Burgoyne in person and General Hamilton ; and the left, of the artillery regiments and Hessians under Gen- erals Piiedesel and Philips. 3. The Americans occupied an advantageous position on Bcmis's Heights, which they had taken care strongly to pro- tect, by the erection of breastworks and redoubts. Its right, commanded by General Gates, who had recently superseded Schuyler, occupied the meadows between the heights and the river ; and the left, under General Arnold and Colonel Morgan, occupied the heights and the high grounds to the west. A deep, closely wooded ravine also protected the front of the right wing, and, at a little distance north, another of a similar char- acter intervened between the two armies. 4. On the afternoon of the 19th the enemy in three divisions advanced to the attack, — the centre crossing the ravine in a line directly in front of the American camp, the right around its head, and the left passing down the road skirting the river. Colonel Morgan's regiment of riflemen, led by Major Morris, eu- countered the advanced column, and after an impetuous attack were driven from the field with the loss of twenty men. Arnold was immediately despatched with two regiments to their relief; but notwithstanding his accustomed display of vigor and brav- ery, he was forced to retreat, Gates having refused the reinforce- ments which he required. 5. Arnold immediatelj', by a rapid countermarch, fell sud- denly and with great precipitation upon the enemy's centre, commanded by Burgoyne himself, and, having been strength- ened by the accession of several regiments belonging to his own division, — comprising the New York troops, under Colonels Pierre Van Courtlandt and the Livingstons, with the New Hampshire, Connecticut, and Massachusetts troops, — main- tained the action for four hours, until darkness separated the combatants, when he retired in good order and without pursuit. The forces of the two armies were nearly equal, the superiority in numbers being with the enemy, who had thirty-five hundred men against Arnold's three thousand. The British loss was six Battle at Bemis's Heights. — Arrangement of forces. — Kepulse of Mor- gan and Arnold. — Renewal of Arnold's attack. 118 FIFTH PERIOD. hundred killed and wounded, while the Americans' was only about half that number. The enemy retained possession of tlie field ; and both parties strengthened their positions pre- paratory to a renewal of the battle. (5. .Meantime an unfortunate and serious misunderstanding had sprung up between Generals Gates and Arnold, growing out of the removal of Schuyler ; and an unpleasant interview, follow- ing the detachment of J\Iorgan's riflemen and Dearborn's infantry from Arnold's division, had resulted in his removal from all command, and exclusion from head-quarters, the left wing being assigned to General Lincoln. So far was this bitter feud car- ried, that no mention was made by Gates, in his official despatches to the Commander-in-Chief, of the important part taken in the battle of the previous day by Arnold. 7. For upwards of two weeks following the battle of Bemis's Heights, or Stillwater, as it is more generally designated, the enemy's lines were incessantly harassed by sorties from the American camp, though no general engagement occurred. The supplj' of provisions and forage for the British was daily dimin- ishing. The difficulties of a retreat to Canada, combined with the hazard of leaving Gates free to turn his arm)' against Howe, inclined him to await communications from the latter ; but the pressure of want, and the necessity of some movement to supply the deficiencies of the soldiery, rendered a second and decisive battle imperative. 8. On the 7th of October, accordingly, General Burgoyne, in the absence of all information from Howe, deemed it advisable to make a demonstration on the left of the American lines. A detachment of fifteen hundred regular troops, with a heavy battery of artillery and field-pieces, accompanied by Generals Philips, Riedesel, and Frazer, was moved, under his immediate command, to a position within three quarters of a mile of the left wing of the Americans, while Captain Frazer's rangers, the Indians, and Tory refugees, were directed to effect, if possible, a diversion of their attention from the operations on their flank. Dissension between Gates and Arnold. — Arnold deprived of his com- mand. — Unworthy conduct of Gates. — Temporary cessation of hostili- ties. — Embarrassing position of Rnrgoyne. — Active operations determined upon. — Movements of the enemy. THE REVOLUTIONARY WAR. 119 Their movements were, however, seasonably discovered, and Morgan was ordered by Gates to gain the high ground on their right, while General Poor, with the Eastern and New York regi- ments, advanced against their left. 9. By a sudden and rapid movement the attack was com- menced on the extreme left of the enemy's line, where ]\Iajor Ackland was in command, and soon reached the centre, while Morgan appeared on the right, and the action became general. Burgoyue finding himself unable effectually to resist this com- bined attack, attempted to form a second line in rear of the first, to secure the retreat of the latter ; but, before this object could be effected, Major Dearborn had effected a breach in the enemy's left wing, compelling the right to rally to its relief. 10. In the execution of this movement. General Frazer re- ceived a mortal wound, and Burgoyne found it necessary to order a retreat of the main bodj', under cover of the forces of Generals Philips and Reidesel, and such assistance as he him- self might be able to render with such troops as could hastily be collected. With great diflBculty they were enabled to regain their camp, with the loss of six pieces of artillery and several of their men. 11. Arnold, notwithstanding orders to the contrary, had occu- pied his usual place at the head of his troops, and participated in the attack with his usual bravery and determined energy. Flying in hot haste from one part of the field to the other, he cheered on his men, everywhere received with the greatest enthusiasm, his orders carried out and his example emulated throughout the line. Chiefly by his indomitable spirit and gal- lant exertions the right and rear of the enemy's forces were carried and held by Lieutenant-Colonel Brooks, when the ap- proach of darkness again put an end to the contest. 12. The Americans had, however, obtained a complete and brilliant victory. The British had been driven from the field with the loss of several of their best officers, six hundred men killed, wounded, and prisoners, and most of their artillery, am- munition, horses, and baggage. The American loss did not exceed one hundred and fifty killed and wounded, among the Counter-movements of the Amerirans. — Second battle of Stillw.iter. — Braveri- of Arnold. — Ketreat of the British. — Victory of the Americans. 120 FIFTH PERIOD. latter of whom was General Arnold, who, just as the victory was won, received a ball which fractured his leg, killing his horse. How noble and brilliant would have been his record, could it only have terminated here ! 13. General Burgoj-ne, on the night of the 7th, changed his position to the heights on the west bank of the Hudson, near the present village of Wilbur's Basin. On the morning of the 8th the Americans took possession of his abandoned camp ; and although a random fire of artillery and small-arms was kept up between the armies during the day, no further attack was made on either side. General Gates despatched a brigade under Gen- eral Fellows to take post on the east side of the Hudson, oppo- site Saratoga, to cut off the enemy's retreat. Another detach- ment of two thousand men was sent to intercept him at Fort Edward, and a third, with a similar object, to the ford higher up. 14. Breaking up his command, and leaving behind him some three hundred of his sick and wounded in consequence of the bad state of the roads, Burgoyne, on the night of the 8th, re- treated with gi-eat secrecy, with all his remaining baggage, to Saratoga (now Schuylen'ille), which he reached on the succeed- ing night. On the afternoon of the 10th he was overtaken by the Americans, and on the following morning an injudicious attempt on the part of Gates to bring on a general action, in ignorance of the position of the enemy, was only frustrated by the disobedience of his peremptory orders by the officers under his command. 15. On the 12th, no reliable information having been re- ceived either from Clinton or Howe, and the supply of pro- visions continuing inadeqiiate, a council of officers decided upon the necessity and expediency of a retreat, if possible, by way of Fort Edward or Lake George. This having been found wholly impracticable, by the report of scouts, and three days' supply only remaining, a capitulation was determined upon on the next day. On the 1 6th the negotiations for this purpose were completed, and on the 1 7th the surrender effected in the presence of both armies, with all the usual formalities. Genornl Arnold wounded. — Movements of the two armies. — Buvfioyne's rr-trc.it cut off. — Retreat to Saratoga. — Injudicious conduct of Gates. — Surrender of Burgoyne. THE REVOLUTIONARY WAR. 121 16. Twelve general officers, some thirty regimental officers, nearly nine hundred subalterns, and four thousand eight him- dred and thirty-six privates, amounting in all to five thousand seven hundred and sixty-three, laid down their arms ; and twenty-seven pieces of cannon, with implements and stores com- plete, five thousand stands of arms, and great quantities of ammunition, were captured. 1 7. The suiTender of Burgoyne was followed by the evacua- tion of Ticonderoga and Crown Point, and the total prostration of the British power in the northern section of the State. Its effect iipon the American army and the American people gen- erally was electric. Following, as it did, upon the disastrous results of the campaign of the preceding year, and the recent defeats in Pennsylvania, it infused fresh spirit into the hearts of the desponding, encouraged and strengthened the timid, ap- palled the domestic traitors, and cheered the patriots through- out the country. It riveted the alliance of the French auxilia- ries, and secured the respectful regards, if not the effective aid, of foreign States. Even in the British Parliament it called forth the indignant remonstrances of the ablest Englisli states- men, and enlisted the ardent sympathies of the friends of free- dom throughout the world. 18. Sir Henry Clinton, with the view of co-operating with Burgoyne, had, early in October, ascended the Hudson with a strong force, and on the 6th a detachment under Lieutenant- Colonel Campbell gained possession of Forts Montgomery and Clinton, on the boundaries of Orange and Eockland County, after a severe contest, maintained, under the immediate direction of Governor Clinton, by Colonels Livingston, Bruyn, and Mc- Longhry. Having also secured the occupation of Fort Con- stitution, opposite West Point, with the uninterrupted com- mand of the river, they contented themselves with burning Kingston, and, intelligence of the defeat of Burgoyne rendering further advance unnecessary, returned to New York, while Gen- eral Gates, with a thousand of his victorious troops, rejoined "Washington's camp in Pennsylvania. Effects of the surrender. — Capture of Forts Clinton, Montgomery, and Constitution, on the Hudson. — Burning of Kingston. — General Gates joins Washington's army in Pennsylvania. 122 FIFTH PERIOD. CHAPTER IX. INDIAN BaHBAEITIES. — MASSACRE AT ChEKRY VaLLET. — SuLLIVAk'S Campaign. 1. The succeeding year was chiefly distinguished, in the an- nals of the State of New York, by an atrocious succes- sion of Indian and Tory barbarities and massacres in the Mohawk Valley and among the interior settlements, under the auspices of Joseph Brant, the well-known chief of the Six Nations, and Walter Butler, the son of the fiendish miscre- ant John Butler, the chief agent in the famous massacre in AVyoming. 2. On the 1st of June, Captain Patrick, of Colonel Alden's Massachusetts regiment, with a small party of volunteers, was attacked at the little settlement of Cobleskill, on the Mohawk River, in Schoharie County, by a party of Indians and Tories commanded by Brant and one Service, numbering over three hundred and fifty. After a bloody and desperate contest, Patrick, with twenty of his men, was killed, and several others wounded and captured ; and the enemy, having plundered and burnt the houses of the settlers, returned to Canada. 3. During the spring of this year, in apprehension of Indian hostilities, General Lafayette had directed a fort to be built at Cherry Valley, in Otsego County, then a part of Tryon County. Brant, with his savage warriors, hovered around the settle- ment while the work was in progress, destroying Springfield, and continuing his aggressions from time to time in the neigh- borhood, until they assumed so formidable a character that Colo- nel Ichabod Allen, with a regiment of Continental troops, was ordered to the village, and took possession of the church, sur- rounded by a heavy stockade, for the protection of the in- habitants. 4. At the approach of winter, however, the settlers returned to their deserted habitations, — further hostilities having ap- parently been abandoned, — and Brant retired with his forces Indian and Torj- atrocities. — Attack upon Cobleskill. — Destruction of the settlement. CHERRY VALLEY. 123 to Niagara. On his journey he Tvas met by Walter Butler at the head of a detachment of two hundred men known as " But- ler's Rangers," — a band of Tories commanded by his father. Smarting under the indignities inflicted upon him by the patriots, who had a short time previous arrested and confined him as a Tory, and burning for revenge, he was on his way to destroy Cherry Valley, whither he was accompanied by Brant with five hundred of his party. 5. On the 6th of November, information of the intended attack was communicated to Colonel Alden by Colonel Gan- sevoort, the commander of Fort Schuyler ; but the warning was contemptuously disregarded by the former, who refused to per- mit the return of the settlers to the fort, with their families and effects, and contented himself with sending out scouts, who fell victims to their wary and vigilant savage enemies, without having been able to apprise the garrison of the imminent danger hanging over it. 6. On the morning of the 1 1th of November, in the midst of a heavy storm of snow and rain, the enemy having on the pre- vious night gained the outskirts of the town, and encamped upon a hill thickly covered with evergreens, about a mile from the fort, advanced upon the unsuspecting settlement by a path which bad been left unprotected, and took possession of a swamp in its vicinity. Colonel Alden was again warned of their ap- proach by a traveller, who had been shot at and wounded by two of their number on his way to the village, but still persisted with an inexplicable infatuation in discrediting the report. 7. The attack immediately commenced. Brant with his In- dians leading the way, closely followed by Butler and his rangers. The house of Mr. Wells was first entered by a mixed party of Tories and Senecas, and his whole family, with one exception, — consisting of himself, wife, four children, mother, brother, sister, and three domestics, — ruthlessly massacred, one son, absent at school, only escaping. Colonel Alden, also an inmate of the house, was tomahawked and scalped in his at- tempted flight. The house of the aged pastor, Mr. Dunlap, was next attacked, his wife slain before his eyes, and his own life Attack upon Cherry Valley. — Indiscriminate massacre of the inhabitants. 124 FIFTH PERIOD. spared only through the interference of one of the Mohawk chiefs. 8. Colonel Campbell's house Tvas then suiTounded, and in his absence his wife and four children were taken prisoners. The in- discriminate slaughter of men, women, and children went on with relentless ferocity, until thirty -two of the inhabitants and eleven soldiers were slain ; all the dwellings and out-houses, with their contents, burned ; and forty prisoners, including the officers of the gaiTison, carried into captivity. On the next day, after securing all the sheep, cattle, and horses of the settlement, and discharging the captured women and children, the enemy re- tired. 9. It is but justice to Brant to state that the chief responsi- bility of this savage outbreak and wholesale massacre and rob- bery of innocent and defenceless women and children rested upon the head of the infamous Butler and his malignant band of traitors and Tories. Brant exerted himself throughout the fearful conflict to save the effusion of blood and arrest the indis- criminate slaughter going on around him. He succeeded in protecting and concealing several of the inhabitants, while But- ler personally directed all the operations of the party. 10. Of the wretched survivors of this bloody massacre, nearly two hundred were deprived of house and home, and left almost entirely destitute of provision and clothing. Most of those killed were women and children, and many of the prisoners consisted of men suspected of Tory principles, and who conse- quently deemed themselves secure of protection from their cap- tors. No distinction, however, seems to have been made be- tween them and others by their infuriated enemies, and not even the influence of Brant was able to afford them any exemp- tion from the general slaughter. .. 11. Early in June, 1779, General Clinton conducted an expedition up the Hudson, resulting in the capture of Stony Point, a rocky promontory at the head of Haverstraw Bay, on the west bank of the river, and Verplanck's Point, nearly opposite on the eastern side. On tlie 15th of July, how- ever, General AVayne, acting under detailed and minute iustruc- Brant's complicity. — AVretcheil condition of the remainin^i; inhabitants — Capture and recapture of Stony Point and Verplanck's Point. THE REVOLUTIONARY WAR. 125 tions fi-om General Washington, recaptured the first-named fortress after a spirited and severe contest, with heavy loss of men and military stores on the part of the British. The fort on ^ erplanck's Point was immediately surrendered, and soon afterwards Major Lee surprised a British garrison at Paulus Hook, now Jersey City, on the west side of the Hudson, oppo- site Jsew York, killing thirty men, and taking a large number of prisoners. 12. On the night of the 19th of July, Brant, at the head of sixty warriors of his tribe and twenty-seven Tories in Indian dis- guise, attacked the settlement at Minisink, in the western part of Orange County, lying on the Neversink Eiver, at the foot of the Shawangunk Moimtains. After setting fire to ten houses of the inhabitants, and destroying the church, barns, and mills in the neighborhood, they retired with their plunder, without attempting further violence. 13. Intelligence of this outrage having been forwarded to Colonel Tusten at Goshen, that officer at once proceeded with about a hundred and fifty men, many of them volunteers, to the settlement, where a council was held as to the best mode of avenging the injury. Colonel Tusten opposed pursuit until the arrival of reinforcements to his small band ; but the major- ity, under the advice of Major Meeker, counselled ir- port of this communication, returned it, with a message that he would be unable to meet the flag, and expressing the hope that General Arnold would himself be able to do so. To this ar- rangement the latter assented. 7. On ai'riving at the ferry, however, neither Andre nor Bev- erly Robinson, who was cognizant of the whole affair, appeared. Arnold immediately wrote to Washington, who was at Tappan with the main body of the army, preparing for another attack on New York, infomiing him of his journey down the river for the examination of its defences and the arrangement of signals. An- other meeting with Andre, in disguise, was appointed for the 20th of September. Clinton in the mean while had, on the 18th, sent the sloop-of-war Vulture up the river with Robinson, •who despatched a note to Arnold at Verplanck's Point, request- ing an interview, ostensibly with reference to the disposition of his property opposite West Point. 8. A few hours after the reception of this letter, Washing- ton himself, accompanied by General Lafayette, arrived at Ver- planck's Point, on his way to Hartford to meet Count Rocham- beau. Arnold showed him Robinson's letter, and was cautioned by him to avoid all correspondence with the latter, as, in view of all the occurrences of the past year, calculated to implicate him unfavorably in the public estimation. The General with his suite crossed the river iu Arnold's barge, where, from some chance observation of Lafayette's, and a suspicious scrutiny by Washington of the Vulture, which lay at anchor in the distance, he became seriously apprehensive of the discovery of his treason. 9. On the succeeding day he communicated with Robinson, apprising him of his intention to send a trusty messenger on the Arranitements for an interview. — Arrival of Washington and Lafayette. — Apprehensions of Arnold. ARNOLD AND ANDR£. 131 next night to Dobbs's Ferry, or on board the Vulture, enclosing a copy of his letter to Andre, both which were transmitted by Eobiuson to Sir Henry Clinton, who, on the morning of the 20th, despatched Andre to Dobbs's Ferrj', with positive instruc- tions not to go within the American lines, to assume no dis- guise and receive no papers. Failing to meet any one at the ferry, Andre proceeded up the river to the Vulture, which he reached at seven o'clock, but found there no messenger from Arnold, as he had been led to expect. 10. A Mr. Joshua H. Smith, who resided near the village of Haverstraw and sustained a respectable character, having been frequentl)' employed by Arnold and his predecessor in obtain- ing intelligence of the movements of the British, had been ap- prised by the former of the expected conference, and requested to bring " Mr. Anderson " on shore from the Vulture. Being unable to procure a boat for this pur{)0se, he sent a message to that effect to head-quarters, and Arnold went himself to Ver- planck's Point, and despatched a messenger to Continental Vil- lage for his own barge, with directions to forward it to the creek in Haverstraw near Smith's house. 11. On the night of the 21st, Smith, with muffled oars, de- scended the river to the Vulture, returning at a late hour with Major Andre, who, in spite of the remonstrances of Robinson, persisted in going on shore in his uniform, concealed, however, by a large blue surtout. Landing at the foot of Clove Moun- tain, six miles below Stony Point, he was conducted by Smith to the presence of Arnold, who awaited his arrival among the bushes in the vicinity. Their conference was prolonged until daybreak, when they rode together to the residence of Smith. The challenge of a sentinel, and the cannonade on the Vulture, compelling her to drop still farther down the river, were the first intimation to the unfortunate Andrg of his presence within the American lines. 1 2. Everything having been satisfactorily arranged between the conspirators, Arnold returned at ten o'clock to his quarters ; and Andrl, exchanging his uniform for a disguise, and furnished with a pass from Arnold, with several important papers concealed ProTess of the negotiations between Arnold and Andre. — Interview be- tween Arnold and Andr^. — Consummation of the treason. 132 FIFTH PERIOD. in his stockings containing full information of the condition and strength of the fort and the arrangements for the movements of the garrison in case of an alarm, proceeded on horseback, ac- companied hy Smith, to King's Feiry, which they crossed, and proceeded through the upper part of Westchester County on their route to the Vulture, Smith having refused, ou pretence of fatigue and illness, to convey him thither by boat. 13. At about nine o'clock in the evening they were challenged by a sentinel eight miles from the ferrj-, and Caiotain Boyd, the commander of the post, made his appearance, inspected their passports, and demanded their business. Apparently satisfied with the esplanation given by Smith, he informed him of the dangerous condition of the roads leading to White Plains, in- fested as they were by Cow-Boys and Skinners of both armies, and advised their remaining at the post mitil the next morning. Unwilling to excite increased suspicion, this arrangement was assented to, and they passed the night very uneasily at the house of Andreas Miller, who lived near by. 14. At dawn on the succeeding morning they resumed their journey, taking the route to Pine's Bridge, Andre being in un- usually cheerful spirits, and conversing freely with his compan- ion on literary and other topics. After partaking of a simple breakfast at a house about two miles north of the Bridge, Smith left Andre and returned to his family, then at Fishkill. The latter proceeded alone on his perilous journey through Tarrytown. Between eleven and twelve o'clock his progress was intercepted by three militia-men, — John Paulding, David Williams, and Isaac Van Wart, — while watching with their com- rades for stragglers and stray cattle from the British lines, w^ho, perceiving his approach, at once arrested him. 1 5. Losing his presence of mind at this unexpected obstacle, Andre, aware of the character of the region, and its common occupation by stragglers from both armies indiscriminately, immediately expressed to his captors his hope that they belonged to his own party. " Which party ? " demanded Paulding. " The lower," replied Andre. " I do,'' observed the former ; upon which Andre imprudently avowed himself a British officer, Andre's retreat and capture at Tarrytown. THE REVOLUriOyAliY WAR. 133 on particular business, and begged not to be detained for a mo- ment. This sealed his doom. 1 6. On being informed of the truth by his captors, he pro- duced Arnold's passport, and endeavored to excuse his previous statement by his apprehensions of falling in with a British party ; but neither these nor his liberal offers of money and his gold watch were of any avail with these stern and incor- ruptible patriots. On discovering the important papers con- cealed on his person, he was conducted to the nearest military station at North Castle. 1 7. On the nest day he was transferred, for greater security, to Colonel Sheldon's quarters at Salem, where he was recognized by Major Tallmadge, who urged Colonel Jameson, the com- mander of the post, not to return him to Arnold, and took charge of him himself He was, however, very injudiciously per- mitted to communicate with Arnold, and thereby was the first to apprise him of the failure of their plans, and to enable him to make his escape, which he accordingly effected on the same daj', in the Vulture, having taken a hurried leave of his wife, and manned his barge without a moment's delay. 18. Washington, in ignorance of all these events, arrived early in the morning at Arnold's head-quarters, and, having breakfasted, crossed over to West Point. Finding him absent, he spent some time in an examination of the defences of the post and returned in the afternoon, when he was informed by Colonel Hamilton of the whole conspiracy and its detection, but too late to prevent the escape of the traitor. 19. Meanwhile his unfortunate victim. Major Andr6, was treated with great kindness and consideration by Major Tall- madge, who soon contracted a strong friendship and regard for him, and indulged him in every privilege of which his situation admitted, permitting him to communicate freely with Washing- ton, which he did, informing him of his name and rank, the motives from which he acted, and his readiness to submit to such consequences as the stern laws of honorable warfare ex- acted. 20. On the 29th of September, Washington, after visiting Washington's discovery of the treason. — Conduct of Andrd. 134 FIFTH PERIOD. AVest Point, and making every preparation for its defence, went to Tappan, -n-here the army was encamped. Andre, in the mean time, had been taken from Sheldon's quarters to Robinson's house, thence to West Point, where he remained until the 28th, when he was conducted to Tappan. His behavior during this period, and his unaffected gratitude for all the indulgences pemiitted him, secured him the sincere sympathy and kindly regards of all with whom he came in contact. 21. A board of officers, consisting of six major-generals and eight brigadiers, was convened immediately on the arrival of Washington, before which Andre was tried, convicted, and sen- tenced to suffer death. Every effort was made by Sir Henry Clinton to avert his fate, and every opportunity afforded by Washington for his defence. His only request was that he might be shot, as became a soldier ; but this mitigation of his sentence was deemed incompatible with the strict rules of the service. It was believed, however, that Washington would not have been unwilling to have exchanged him for the vile traitor ■whose dupe he had been. 22. Arnold, meanwhile, had taken up his abode in the city of New York, where a gallant effort was made for his capture by the chivalrous Champe, who feigned to desert to the British army, and met with a cordial reception from the traitor. Availing himself with promptitude of the facilities thus obtained, a plan for seizing and carrying him off was matured, but on the day preceding that fixed for its execution was unfortunately foiled by an order for the embarkation of Champe for the Chesapeake. He, however, embraced the earliest opportunity to desert from the British army and return to his comrades for the vindication of his honor and patriotism. Arnold remained in the service until the close of the war, when he repaired to England, where he died, several j-ears afterwards, in obscurity and disgrace, thus closing in darkest infamy a career which might have been dis- tinguished beyond most of his compeers for bravery and daring heroism. 2.3. The fatal day for his execution having arrived, Andr6, at noon of the 2d of October, arrayed in the full dress of a British Trial, conviction, and sentence of Andre by a military court. — Efforts for the capture of Arnold. — His subsequent career. CLOSING OF THE WAR. 135 officer, ■with the exception of the sword, was conducted by a large detachment of troops, accompanied by an immense con- course of people, to the gallows, which was erected on the sum- mit of a hill about a quarter of a mile west of Tappan Village. He manifested some surprise on becoming aware of the manner of his execution, of which he had not previously, as it would seem, been apprised ; but soon recovering himself, adjusted the halter with his own hands, bandaged his eyes, called the spec- tators to witness that he died like a brave man, when the cart moved from beneath him, and in a few moments all was over. 24. Thus perished, in the twenty-ninth year of his age, the chivalrous and unfortunate Major Andre, around whose prema- ture fate the sympathies of all Europe and America were clustered and still remain. Contrasting his treatment, the indulgent clemency extended to him by his judges, and the kind and ten- der respect which has been paid to his memory, with the brutal barbarities inflicted by the British upon the young American patriot Hale, under precisely similar circumstances, we may w^ell be content to await the verdict of posterity ! 2.5. On the 21st of November a party of Tory refugees from Rhode Island, occupying the St. George's Manor House on Smith's Point, Long Island, which they had fortified, were dis- lodged by Major Benjamin Tallmadge, under the direction of Washington, a severe chastisement inflicted upon a portion of the garrison, — who after its surrender fired upon the assailing party from one of the houses, — and a British vessel lying in the neighborhood seoired with its crew. From thence Major Tallmadge, with Lieutenant Brewster and ten men, proceeded to Coram, where he destroyed a large quantity of forage collected for the use of the British army, and, having successfully accom- plished the object of his expedition, returned to their quar- ters at Fairfield, Connecticut without the loss of a single man. Seven of the enemy were killed and wounded, and four officers and fifty soldiers taken prisoners. Major Tallmadge received the thanks of Congress and the warm approval of the Com- mander-in-Chief for his bravery and that of his men. Execution of Andre. — General sympathy in his fate. — Contrast between Andre' and Hale. — Capture of St. George's Manor House, Long Island. — Destruction of British supplies at Coram, Suffolk County. 136 FIFTH PERIOD. 26. The splendid victory at Yorktown on the 19th of October was virtually a close of the war. Public rejoicings pervaded everj' portion of the country, and the 13th of December was set apart as a day of general thanksgiving. Clinton was superseded in his command by Sir Guy Carleton, who soon afterwards arrived in New York ; but all further hos- tilities were suspended. In March, 1782, Lord North retired from the Bi'itish Cabinet, and Carleton was directed by his suc- cessor. Lord Rockingham, to open negotiations for a treaty of peace. The American Congress appointed John Jay, John Adams, Benjamin Franklin, Thomas Jefferson, and Henry Lau- rens, to act as commissioners for this purpose on the part of the United States. On the 30th of November the preliminaries were signed at Paris; and on the 3d of September, 1783, a defin- itive treat}', recognizing the independence of the United States, was concluded. 27. On the 3d of November the Continental army was dis- banded by order of Congress, and on the 25th Washington entered the city of New York, and the British troops took their final departure. On the 4th of December, Washington took an affecting farewell of his old companions in arms, with whom he had been so long and so closely united in the struggle for na- tional independence, and proceeded to Annapolis, where Congress was then in session. Having formally resigned his commission to that body as Commander-in-Chief, he returned to Mount Vernon as a private citizen, soon to be recalled from its quiet shades to preside over the destinies of the nation he had founded. Close of the war. — General rejoicings. — Negotiations for peace. — Con- clusion of treaty. — Disbandmcnt of the army. — Evacuation of New York by the British. — Parting between Washington and his officers. — Resigna- tion of bis commission, and retirement to Mount Yernon. Old City Hall in Wall Street, New York, 1789. SIXTH PERIOD. THE STATE GOVERNMENT TO THE CONSTITU- TION OF 1S21. CHAPTER I. Adoption op the Constitutiox of the United States. 1. The war being now over, and the independent exist- 1782, ence of the United States as a member of the familj' of nations having been officially recognized, it speedily became evi- dent that the provisional constitution of government as estab- lished by the Articles of Confederation adopted by the Congress of 1777 was inadequate in many essential respects to the pres- ent exigencies of the public welfare. Position of affairs at the close of the w ar. 138 SIXTH PERIOD. 2. By that instrument the several States of the Union were merely leagued together for the accomplishment of a specific purpose, retaining in aU things their individual sovereignty, and only surrendering it in any case at the pleasure of their accredited representatives, acting under instructions from their o'n-n legislature. That purpose having now been accomplished, some more effective provision was deemed indispensable to the functions of a national government in its dealings with other nations, and its discharge of its obligations to its own constit- uent members. 3. Public attention in all the States was therefore turned to the consideration and discussion of such a modification of the existing system as should remedy its manifest defects, and, while providing for an eificient administration of the domes- tic and foreign affairs of the Union as a nation, should at the same time secure to its members respectively the rights and powers pertaining to them in their original capacity as sovereign States. 4. The State of New York occupied a commanding position, at this time, among her sister States. The prominent part taken by her citizens in the Revolutionary struggle ; the fact that she alone of all the United Colonies had promptly met every demand and fulfilled every requisition of the Provisional Gov- eiTiment, and even made advances on her own credit to supply the deficiencies of other States ; her extensive commerce, and vast territory-, and the abilitj"- and patriotism of her leading statesmen, — all entitled her to special consideration, and gave her a powerful influence in the national councils. 5. As early as 1783, immediately after the conclusion of the treaty of peace, a feeling of jealousy of the concentration of power in the hands of the central government was mani- fested by the repeal in the Legislature of an act passed in 1781, on tlie recommendation of Congress, granting to the United States tiie import duties collected in the port of New York, and directing their collection by officers appointed by Congress ; and by substituting in its stead a similar appropriation of the duties, to be collected, however, by State officers. In the suc- ^Vrticles of Confederation. — Propositions for modification of the Articles. — The position of New York. — State jealousy of the national government. THE STATE GOVERNMENT. 139 ceeding year an act was passed by the same body establishing a custom-house and a revenue system in place of the regula- tions previously adopted by Congress. 6. These acts were the natural result of the large increase of revenue accruing to the State by the revival of trade and commerce consequent on the return of peace and by the navigation laws of the other States, which rendered the city of 2sew Yorli the great commercial mart of the Union. Every effort to restore to Congress the disposition and control of this revenue proved futile. The collectors were appointed by, and made amenable exclusively to, the State authorities ; and the Legislature, in 1 78G, went so far as to make the duties payable in the bills of credit issued by the State. 7. Congi-ess, perceiving the dangerous consequences to the stability of the national credit of this enactment, — the in- evitable effect of which would be the rapid depreciation of Government securities by the unlimited issue of an incon- vertible paper currency, — requested Governor Clinton to con- vene the Legislature for its reconsideration. This, however, was declined by the Governor, upon the ground that no sufficient cause was shown for the exercise of this extraordinary power, the decision of" the Legislature having been but recently made upon full consideration and mature deliberation. 8. In the mean time a convention of commissioners from the several States, held at Annapolis, in Maryland, in Sep- tember, 1 786, — New York being represented by General Hamil- ton, — for the purpose of taking into consideration the trade and commerce of the United States, and the necessity and expediency of a uniform system of commercial regulations, recommended the calling by Congress of a convention of delegates to meet at Philadelphia, in May of the ensuing year, for the sole and ex- press purpose of revising the Articles of Confederation, and reporting to Congress and the several State legislatures such amendments and modifications as should, when confirmed by the former, and agreed to by the requisite number of States, be Collection of revenue. — ProceofUnj^s of the State Legislature. — Prococd- inijs of Congress. — Governor Clinton declines calling an extra session. — Convention of commissioners at Annapolis. — Recommendation for the call of a national convention at Philadelphia. 140 SIXTH PERIOD. found adequate to the exigencies of the Government and the preservation of the Union. 9. Congress having adopted this recommendation, it became necessary for the Legislature of New York, at its regular session in the -winter of 1787, to determine whether the State should be represented in that bodj', and if so, by whom. General Hamilton succeeded in procuring an election to the Legislature as a representative of the city of jSTew York, and his father-in-law. General Philip Schuyler, was already a member of the Senate. In conjunction with Chief-Justice Jay, Chancellor Livingston, and the Van Rensselaers, these men were regarded as the leading champions of the Federal Government ; while Governor Clinton, who had been successively re-elected to his present position from term to term, since the adoption of the State Constitution in 1777, with Justice Yates of the Sxipreme Court, John Lansing, subsequently Chancellor, and Melancthon Smith, were the prominent advocates of what were deemed States' rights. 10. The Legislature, on its assembling, after an animated debate, in which Hamilton took a leading part, approved, by a strong vote, the proceeding of the Governor in reference to the convocation of an extra session. Messrs. Yates, Lansing, and Hamilton were appointed delegates to the National Convention at Philadelphia ; their powers being, however, specially re- stricted to the revision of the existing Articles of Confedera- tion, in accordance with the call of the convention. 11. On the assembling, in May following, of the National Con- vention, presided over by General Washixgtox, a great diver- sity of views prevailed among the delegates as to the proper course to be pursued. One portion of this number, including Messrs. Yates and Lansing of New York, insisted upon confin- ing their deliberations to such an amendment of the Articles of Confederation as should enlarge the powers of the national gov- ernment, and give it greater efficiency. Another, under the lead of Hamilton, advocated the formation of an entirely new Constitution, with ample provisions for the concentration of the Procccdinjrs of the Lcfrislature in its session of 1787. — Approval of the Governor's conrrsc. — Appointment of dcicKiites to the National Convention. — Tlieir instructions. — State of parties in the convention. THE FEDERALIST. ]4l executive power in a president and senate, to hold office during good behavior, with the power to appoint State governors and control State legislation, a House of liepresentatives elected triennially, and a permanent judiciary. 12. A third, whose views ultimately predominated, headed by Randolph of Virginia, in accordance with the views of James iladison, a leading statesman of that Commonwealth, contended for the establishment of a government representing in its Con- stitution both the national and State sovereignty and the peo- ple collectively, — through the President and House of Repre- sentatives, chosen virtually by the people, and a Senate, the members of which should be elected by the State legislatures respectively. 13. On the final prevalence of this plan, the delegation from Xew York, with the exception of General Hamilton, withdrew from the convention, regarding its determination in this respect as at variance with their instructions and with the explicit object to which the convention itself was restricted. The Constitution — having, however, been completed in accordance with the views of the majority — was, on the 1 7th of September, adopted and submitted for approval to the several States, through conventions to be called for that purpose, the assent of nine of the thirteen States being required for its ratification. li. Immediately on its publication in New York, a violent and spirited contest ensued between its advocates and op- ponents, who, in accordance with their previous proclivities, ranged themselves into two distinct and well-organized parties, the former known as Federalists, and the latter as Anti-Federal- ists. Hamilton, in conjunction with Madison and Jay, com- menced and continued in the public papers the admirable series of articles entitled, " The Federalist," which exerted a power- ful influence upon the public mind, and essentially contributed to the final adoption of the Constitution. Its opponents, how- ever, under the lead of Governor Clinton and his associates, backed by the popular majorities which had hitherto sustained them, rallied with great enthusiasm and ability to the defence of State rights. Submission of the Constitution to the States. — Organization of par- ties. — " The Federalist." 142 SIXTH PERIOD. 15. On the one hand it was urged by the assailants of the proposed Constitution, that by its adoption a fatal blow would be struck at the independent sovereignty of the States, by the grad- ual absorption of the principal functions of government by the central power ; that the wealth and immense resources, of New York especiallj', instead of being devoted to the expansion, de- velopment, and cultivation of its vast territory, and the prosper- ity and welfare of its own citizens, would be largely diverted to the national coffers ; that its preponderance of population would be sacrificed, through the agency of the Senate, to the interests of the smaller States, and the popular element swallowed up by an aristocratic concentration of the executive and legislative departments ; that the inevitable tendency of such a state of things would be to the establishment of a virtually monarchical government ; and that the framers of the instrument submitted for ratification clearly and palpably exceeded the powers con- ferred upon them, which embraced only a revision and modifica- tion, instead of a repeal, of the existing Articles of Confederation. 1 6. To these arguments it was replied by the Federalists, that the distribution of the powers of the new government was so carefully arranged, that, so far from enabling it to trench upon the jurisdiction and sovereignty of the States, it was itself liable to constant and serious encroachments on their part, thereby weakening instead of strengthening the executive and even the legislative department ; that the existing confederacy, consisting as it did of a mere league of independent States, held together only by the common interest of all its members, and subject to disintegration at the pleasure of any, was wholly inadequate to the piu-poses of government, and unsusceptible of any alteration not radically affecting the fundamental principle of its Constitu- tion ; that in view of the probable assent of the requisite number of States for the ratification of the new Constitution, independent- ly of the vote of New York, that State would occupy the unenvi- able and untenable position of a neutral sovereign, surrounded by a gi-eat nation, bound together by a federative union ; and that ample provision was made by the instrument submitted for adoption, by which the rights and interests of all classes of citizens and all State organizations were effectually secured. Arguments of the Anti-Federalists. — Ecply of the Federalists. THE STATE GOVERNMENT. 143 1 7. Governor Clinton, in his annual message to the Legislature of 1788, avoided all allusion to the proposed submission of the Constitution to the approval of the State. The subject was, however, brought before the Legislature on the 1 7th of January, by a resolution proposing the call of a conven- tion for that purpose, which, after some opposition, was passed ; and in the ensuing spring sixty-seven delegates were elected to the convention at Poughkeepsie, of whom a clear majority were opposed to the Constitution. Alexander Hamilton, John Jay, Chancellor Livingston, Chief-Justice llichard Jklorris, and James Duane were returned from the city of New York ; and Messrs. Yates and Lansing, Governor Clinton and his brother James Clinton, and Melancthon Smith, were among the dele- gates from the other counties. 18. The convention organized on the 17th of June by the appointment of George Clinton as President. A majority of its members strongly urged the calling of a new national con- vention, for the purpose of making additional amendments specified by them, or at the least giving their assent to the pro- posed Constitution on condition of the adoption of such amend- ments ; but on the receipt of intelligence of the ratification of the Constitution by the requisite number of States, contented themselves with its adoption on the 26th of July, by a vote of thirty to twenty-seven, with the recommendation merely of the proposed amendments. 19. On the 13th of September the new Constitution was officially proclaimed ; and on the 8th of December the Legis- lature, specially convened by Governor Clinton, proceeded to the choice of five delegates to represent the State in the con- chading session of the Continental Congress. Provision was also made, on a subsequent day, for the choice of presidential elec- tors, and the State divided into congressional districts, in pursuance of which, Egbert Benson, William Floyd, John Ha- thorn, Jeremiah Van Eensselaer, and Peter Sylvester were elected representatives in the First Congress of the United States. Election of delegates to State Convention at Poufrhkecpsio. — Ratification of the Constitution. — Official proclamation of tlio Constitmion. — Spccinl session of the Lesislature. — Choice of presidential electors and representa- tives in Congress. U4 SIXTH PERIOD. 20. The two Houses not being able to agree upon the mode of choosing senators, the State remained unrepresented in the Senate during the first session. An address to Congress was adopted, requesting the call of another convention at the earliest practicable period, for the purpose of proposing amend- ments to the national Constitution. Important improvements in legal jurisprudence, chiefly prepared by Samuel Jones, an eminent lawyer, were also ingrafted upon the statute-book of the State. CHAPTER II. Organization of the National Government. — Inauguration op Washington and Adams. — Internal Impbovements. — Public Lands. 1. Early in February, 1789, the presidential electors of the several States assembled at their respective capitals, and unanimously made choice of George Washington of Vir- ginia as President, and John Adams of Massachusetts as Vice- President, of the United States. The city of New York having been selected by Congress as the seat of the national government, the City Hall, in which the Continental Congi'ess was accus- tomed to hold its sessions, was remodelled and repaired for the accommodation of its successors. On the 4th of March, the day appointed for the organization of the new government, the hall wa.s thrown open amid the firing of cannon and ringing of bells. A few only of the members of Congress, however, made their appearance ; and in their absence the residue, owing to the state of the roads and the deficiency of public conveyances, awaited for upwards of a month the arrival of their colleagues. On the 6th of April a sufficient number had arrived to constitute a quorum ; and the Senate and House of Representatives effected an organization, and proceeded to count the votes for President and Vice-President and declare the result. Recommendation for new convention to propose amendments to the Con- stitution. — Improvement of the law. — Election of President and Vice-Presi- dent. — Orfranization of the new government. — First meeting of Congress at New Yorli. WASHINGTON'S INAUGURATION. 145 2. On. the 21st, Yice-President Adams arrived in the city, having been conducted with a mihtary escort from the boundary of the State to Kingsbridge by Governor Clinton, where he was received by both branches of Congress, and accompanied by them to the City Hall. Two days afterwards, President Washington an-ived from Mount Vernon, whence his journey to the capital had been a continuous triumphal procession. At Alexandria, Georgetown, Philadelphia, and Trenton his progress was greeted with the most enthusiastic demonstrations. 3. At Elizabethtown, Now Jersey, he was taken in charge by a committee of Congress, and embarking in a barge, splendidly decorated, was conducted to the foot of Wall Street, where he was received by the Governor and the municipal authorities and a large procession of citizens, and escorted to his residence in Cherry Street. In the evening the city was brilliantly illumi- nated, and a splendid display of fireworks closed the festivities of the day. 4. At noon on the 30th of April, after the performance of re- ligious services in all the churches of the city, the inauguration ceremonies were commenced by the formation of a procession from the house of the President elect, headed by the city cavalry, and consisting of the members of Congress and heads of depart- ments in carriages, followed by Washington in a separate car- riage, and his military family and resident foreign ministers in others. 5. On reaching the Senate Chamber he was received by the A'ice-President and conducted to the balcony fronting on Broad Street, where, in the presence of an immense crowd, the oath of office was administered by Chancellor Livingston. Return- ing to the Senate Chamber, the President delivered the inaugu- ral address, after which the whole assembly proceeded on foot to St. Paul's Church in Broadway, where praj'ers were read by the chaplain to the Senate, and at their conclusion the Presi- dent was escorted to his residence. A display of fireworks in the evening concluded the ceremonies. 6. The triumph of the Federalists in the adoption of the Con- stitution, and the prevailing popular sentiment in favor of the Arrival of the President and Vice-President. — Triumphal progress of Washington. — Inauguration ceremonies. IC 146 SIXTH PERIOD. new administration of the general government, gave rise to a strong feeling of opposition to the re-election of Governor Clinton, whose oificial term would expire in July. Vigorous efforts were accordingly made, preparatory to the April elections, to replace him by Associate-Justice Egbert Yates, of the Su- preme Court, who although a leading opponent of the new Con- stitut'-on, had since its ratification uniformly given it, officially and otherwise, his support, and who, from his popularity with the Anti-Federalists, might, it was supposed, detach a sufficient number of his friends from the support of Governor Clinton to insure his defeat. 7. The contest, however, after an animated canvass, resulted in the re-election of Governor Clinton by a reduced majority. Notwithstanding the general success of the Federalists in both branches of the Legislature, Pierre Van Cortlandt was elected Lieutenant-Governor. Both General Hamilton and Colonel Burr actively participated in the contest as supporters of Jus- tice Yates, as did most of the prominent and leading men of the Federal party. 8. On the 6th of July the Legislature convened in special ses- sion under the proclamation of the Governor ; and on the 19th, General Philip Schuyler and Rufus King were appointed sen- ators of the United States. The latter gentleman had been a representative from Massachusetts in the Continental Congress, where he had distinguished himself for his abilities and practical talents, and had but recently become a citizen of New York. No other business of general importance was transacted during the session. 9. During the second session of the first Congress, which convened on the 8th of January, 1 790, the Secretary of the Treasury, General Hamilton, proposed the assumption of the foreign and domestic public debt, amounting to fifty-four millions of dollars, together with the debts of the respective States contracted during the war, estimated at about half that amount. So acrimonious were the debates and discussions on Opposition to the re-election of Governor Clinton. — Nomination of Chief- Ju:'tice Yates. — His support by tlie Foileralists. — Rc-clcction of Clinton. — General snrcess of the Federalists. — Appointment of United States sen' ators. — Hamilton's plan for the assumption of the public debt. THE STATE GOVERNMENT. 147 the latter part of this proposition, that serious apprehensions Tvere entertained of the dissolution of the Union. Through the joint exertions of Hamilton and Jefferson, however, the meas- ure was finally adopted by the vote of the Southern delegates, in return for which the North consented to the permanent loca- tion of the national capital on the banks of the Potomac after the expiration of ten years, during which its seat should be at Philadelphia. The State election in April resulted in a Federal majority in both Houses. 10. The Legislature assembled in the city of New York 1791 on the 3d of January, 1791. By the census of the pre- ceding year the population of the State amounted to 324,127, showing an increase chiefly in the northern and western coun- ties of upwards of 85,000 during the past five years. A new apportionment of representatives and senatore became, therefore, necessary, and was recommended by the Governor in his annual message ; and a communication between the Hudson and Lake Champlain on the north and Wood Creek on the west, by clear- ing out the obstructions in the Mohawk, and cutting a canal, were suggested for the purpose of affording greater facilities to the settlers in that region. 11. The term of office of General Schuyler as United States Senator having expired, Aaugn Burr was appointed as his suc- cessor. A new apportionment of senatorial districts was made, the State being divided into four great districts, — Eastern, West- ern, Southern, and Middle ; the Eastern and Western each elect- ing five, the Middle six, and the Southern eight senators. Three new counties — Herkimer, Otsego, and Tioga — were formed out of Montgomery, formerly a portion of Tryon County. The As- sembly under the new apportionment consisted of seventy-three and the Senate of twenty-four members. The State elections in April exhibited no material change in the state of par- ties. 1 2. At the termination of the war the State found itself the owner of more than seven millions of acres of wild, unculti- Rcmoval of the capital. — State election. — Meeting of the Legislature. — Population of the State. — Eecomraendations of the Governor — Inter- nal improvement. — Election of Aaron Burr as United States Senator. — Keapportionment of the State. 148 SIXTH PERIOD. vated, and unimproved lands, situated chiefly in the northern and western portions of its territory. Prior to the present year few sales of this vast possession had been made ; and an act was accordingly passed authorizing the Commissioners of the Land Office, consisting of the Governor, Secretary of State, Attorney- General, Treasurer, and Auditor, to dispose of these lands in such manner as they should judge most conducive to the public interests. 13. Under this act, upwards of five miUions of acres were sold during the year for about one million of dollars, — more than one half of the whole to a single individual, — Alexander McComb, — for eightpence per acre, on a long credit without in- terest. Large parcels were also sold for a trifling consideration to other purchasers. Such an indiscriminate and wholesale disposition of this vast inheritance was, to say the least, injudi- cious in the extreme, and wholly indefensible on any sound principles of political economy, and could scarcely fail to sub- ject its agents to severe condemnation. 14. During the session ensuing, commencing on the 5th of January, 1792, an act was passed, in accordance with the recommendation of the Governor, incorporating the " West- ern Inland Lock Navigation Company," of which General Philip Schuyler was President, for the improvement of the navigation of the Mohawk Eiver and the construction of a canal from thence to Seneca Lake and Lake Ontario. The " Northern In- land Lock Navigation Company '' was soon afterwards organized under the same auspices, for the purpose of opening a communi- cation between the Hudson River and Lake Champlain, and the route carefully surveyed by Mr. Weston, a civil engineer, and Thomas Eddy ; thereby laying a foundation for those magnifi- cent works of internal improvement, destined hereafter to exert so great an influence on the prosperity of the State. 15. The Governor, in his speech at the opening of the session, recommended the application of the proceeds from the sale of unappropriated lands to the payment of the State debt and the current expenses of the government. This opened the The public lands. — Act providing for their sale. — Disposition of them. — Western and Northern Inland Lock Navigation Companies. — Proceed- ings of the Legislature. THE FRENCH MINISTER. 149 ■whole question of the disposition of the public lands, and gave rise to an animated debate in the House on a resolution censur- ing, in strong terms, the commissioners for the course pursued by them, resulting, however, in the rejection of the resolution, and the adoption of a substitute, approving their proceed- ings. 16. The April elections, after a spirited canvass, resulted in the re-election, by a close vote, of Governor Clinton and Lieu- tenant-Governor Van Coetlandt, over Chief-Justice Jay and Stephen Van Rensselaer, the candidates of the Federalists. On the 6th of November the Legislature again assembled in New York, and proceeded to the choice of presidential electors. The presidential canvass resulted in the unanimous re-election of General 'Washington and Vice-President Adams. 17. The arrival of Citizen Genet, in the spring of 1793, as the envoy of the new French Republic, a few days after the declaration of war between that country and England, was the harbinger of new political complications. The obvious policy of the American Government was that of strict neutrality, while all the sympathies of the people were with their late chivalrous allies in the Revolutionary struggle. The Federalists ranged themselves, as a party, in support of the Government, and their opponents in favor of active interference in behalf of the French. Genet, secure of the popular support, proceeded to fit out priva- teers for the destruction of British commerce on the high seas, while Washington sternly declared his determination of enforc- ing the proclamation of neutrality. 18. The reception of the French minister in the city of New York in the summer of this year was enthusiastic in the extreme, and his hostility to England was so warmly seconded through- out the countrj', that nearly fifty British vessels were captured during the year by privateers from the various ports manned by American seamen. Genet stUl further strengthened his interest and increased his popularity by a marriage with the daughter of Governor Clinton, the leader of the republican party. He Dcb.ite on the public lands. — Approval of the commissioners. — Re- election of Governor Clinton. — Meeting of the Legislature. — Choice of presiriential electors. — Ee-election of President Washington and Vice- President Adams. — Diplomatic mission of Citizen Genet. 150 SIX2H PERIOD. was, however, soon afterwards recalled, on the demand of the President, by the French Government ; but, although deprived of all ofi&cial authority, still remained in the country, of which he became a permanent citizen. CHAPTER III. FOUSDATION OF THE CoMMON-ScHOOL StSTEM. — AdMINISTEATION OF GovESNOR Jay. — Inteenal Improvements. 1. The Legislature met at Poughkeepsie on the 6th of Janu- ary, 1795. Governor Clinton communicated his annual message, in which, after renewing his recommendation for the revision of the criminal code, he reminded the Legislature, thatj while liberal provisions had been made for the endowment of colleges and other higher seminaries of learning, no legislative aid had yet been afforded to the Common Schools. Deeply im- pressed with the paramount importance of these agencies for the diffusion of knowledge among the people, he earnestly recom- mended a suitable provision for their encouragement and support. 2. An act was accordingly, at an early period of the session, introduced and passed into a law, appropriating an annual sum of fifty thousand dollars for five years to this object, the inter- est of which was directed to be paid over to the several county treasurers in amounts proportioned to the population of the respective counties and towns, the latter of which were also re- quired to raise by tax an amount equal to one half of the appor- tionment made to them respectively, — the whole to be applied, under the direction of proper officers in each school-district, to the payment of the wages of teachers duly employed and proper- ly qualified. This was the origin of the present Common-School system of the State, now so important and flourishing a branch of its government. 3. On the 27th of January, Rufus King was re-elected a Sen- ator in Congress for the ensuing term of six years. Governor Session of 1 795. — Governor's message. — Original foundation of the Com- mon-School system. — Re-election of Euftis King as United States Senator. THE STATE GOVERNMENT. 151 Clinton's official term having nearly expired, he declined being considered as a candidate for re-election. A continuous service of nearly thirty years in the colonial assemblies and executive department had undermined his health, and entitled him, in his judgment, to a retirement from the public service. Lieuten- ant-Governor Van Cortlaudt also declined a re-election on ac- coiint of his advanced age. John Jay was again placed in nomination by the Federalists as Governor, with Stephen Van Rexsselaer for Lieutenant-Governor, while the Republicans nominated Chief-Justice Yates and William Floyd as their can- didates. 4. At the ensuing spring election, Messrs. Jay and Van Rens- selaer were duly elected, with a decided Federal majority in both Houses of the Legislature. Mr. Jay, at the time of his elec- tion, was absent from the country, having been despatched to England by the United States Government to negotiate a treaty with Great Britain. He arrived at New York on the 26th of May, where he was received with the greatest enthusiasm. The treaty with England concluded by him was exceedingly unpopu- lar with the Republican party throughout the country, which sympathized almost universally with the French revolutionists, and were equally hostile to British influence. 5. Governor Jay, in his speech at the opening of the session of 1796, after expressing his acknowledgments for the confidence reposed in him by the electors, urged the adop- tion of efficient measures for the military defence of the State in the event of invasion. Provision was made by the Legisla- ture for the improvement of the criminal jurisprudence, and for a reapportionment of representatives and senators under the census of the preceding year. A bill was introduced early in the session, in accordance with the views of Governor Jay, pro- viding for the gradual abolition of slavery in the State, which, however, after a prolonged and exciting debate, was virtually de- feated by a close vote, in conamittee of the whole, by the adop- tion of a resolution providing for compensation to the holders of that species of property. Governor Clinton declines a re-election. — John Jay elected Governor. — Jay's treaty. — Meeting of the Legislature. — Bill for the abolition of slavery. 152 SIXTH PERIOD. 6. Through the violent and revolutionary excesses of the French republic, and the rash and indiscreet conduct of their agent, M. Genet, in this country, the popular excitement against the treaty concluded by Governor Jay with Great Britain had to a very great extent subsided. The universal confidence reposed in the administration of General AVashington, whose second term approached its close, and who declined a re-election, and the high character of Jay in connection with his unexceptionable dis- charge of the official duties intrusted to him, had strengthened the hold which the Federal party had already obtained upon the public confidence and support. The spring elections, therefore, exhibited the usual preponderance of that party in both branches of the Legislature. 7. This body assembled in the city of New York on the Ist of November for the choice of presidential electors, and ap- pointed electors, who cast the twelve votes of the State in favor of John Adams of Massachusetts for President, and Thomas Pinckney of South Carolina for Vice-President. John Law- rence, of the city of New York, was chosen United States Sen- ator in place of Rufus King, who had recently been appointed Minister to England. The Legislature then adjourned to meet at Albany on the 3d of January ensuing. The congressional election in December terminated in the election of the Repub- lican candidates, — Edward Livingston of New York, Philip Van Cortlandt of West Chester, J. N. Havens of Suffolk, and Lucas Elmendorff of Ulster. 8. On the reassembling of the Legislatiu-e, an act was passed creating the office of Comptroller, which was be- stowed upon Samuel Jones, of New York. The county of Delaware was erected from portions of Albany and Ulster ; and the seat of government was permanently located at Albany, and provision made for the erection of a capitol and suitable govern- ment offices. Colonel Burr's term of office as United States Senator having expired, Philip Schuyler, of Albany, was chosen in his place. 9. In the mean time, John Adams, of Massachusetts, had been Sprinf,' elections. — Meeting? of the Legislature. — Presidential electors. — Tonjircssional elections. — United States senators. — Appointment of Comp- troller, — Location of the capital at Albany. ADAMS AND JEFFERSON. 153 elected President, and Thomas Jefferson, of Virginia, Vice- President of the United States, and duly inaugurated at Phila- delphia on the 4th of March. The State elections in April indi- cated a decided gain in favor of the Republicans, especially in the city of New York, where their representatives in the Legis- lature, including Aaron Burr, Dr. Samuel L. Mitchell, and De Witt Clinton, were returned by a heavy majority. 10. Governor Jay and Lieutenant-Governor Van Rens- 1798 SELAEB, were re-elected, the latter unanimously, and the former by a decided majority over Chancellor Livingston, the candidate of the Republicans. This party, however, obtained a decided preponderance in the Legislature. De Witt Clinton and Ambrose Spencer were elected to the Senate ; and among the leading Republican representatives in the Assembly were Aaron Burr and John Swartwout of New York, David Thomas of Washington, Erastus Root of Delaware, Obadiah German of Chenango, and Jedediah Peck of Otsego. 11. At this period the line of demarcation between the Federalists and Republicans was strongly marked, and party dis- sensions ran high. The administration of the general govern- ment, under the elder Adams, supported by General Hamilton and Governor Jay, was characterized by a series of high-handed and despotic measures, altogether at variance with the demo- cratic principles which were beginning to prevail. Governor Jay, ten years previously, in a communication to General Wash- ington, had expressed opinions decidedly averse to the sove- reigntj' of the States, and in favor of a concentration of power in the general government ; and the recognized leaders of the Federal party were despondent as to the issue of the experiment of republican institutions. 12. In the mean time these men were the dispensers of Fed- eral and State patronage, increased by a system of internal tax- ation adopted by the United States Government ; a standing army had been organized, unlimited authority to borrow money confeiTed upon the President, and arbitraiy authority to prose- cute and imprison all aliens or citizens venturing to arraign the Election nf Adams and Jefferson as President and Viec-President. — State elections. — Spring elections. — Re-election of Governor Jay and Lieu- tenant-Governor Van Rensselaer. — State of parties. 154 SIXTH PERIOD. proceeding or policy of the administration exercised without restraint. All these circumstances combined to create an in- tense feeling of hostility to the party in power, both in the State and nation. 13. A special session of the Legislature was convened at Albany, by Governor Jay, in August. A war with France being imminent, as the result of the special mission to France of Messrs. Pinckney, Gerry, and Marshall and the nefarious practices of the French Republic, the Governor called the atten- tion of the Legislature to the necessity of efficient preparations, on the part of the State, for defence, to which that body re- sponded with energy and vigor. 14. The first practical suggestion for the improvement of the facilities for internal communication between the Atlantic Ocean and the northern lakes was made by General Washing- ton in 1784. Having, during that year, personally explored the region between the Hudson River and Lakes Erie and On- tario, by the route of the Mohawk River, Wood Creek, Oneida Lake, and the Oswego River, and made a tour through Lakes George and Champlain to Crown Point, he communicated to Mr. Jefferson, the Secretary of State, and others of his cor- respondents, his views of the importance of opening and im- proving those channels of communication. 15. At about the same period, Christopher Colles, a resi- dent of the city of New York, who some twelve years previous had delivered a course of public lectures in Philadelphia on the subject of Lock Navigation, submitted a proposition to the State Legislature for the improvement of the navigation of the Mohawk. That body, deeming the enterprise too expensive for State adoption, offered to secure to him and his associates all profits which might accrue from its prosecution by private means, and in 1785 made him a grant of one hundred and twenty-five dollars for its encouragement. 16. During that year, Mr. Colles issued proposals for the es- tablishment of a company for the improvement of the inland Legislative proceedings. — Apprehensions of war with France. — Origin of the system of internal improvements. — General Washington's explora- tions and views. — Proposition of Christopher Colles. — Legislative en- couragement. THE STATE GOVERXMENT. 155 navigation between Albany and Oswego, setting forth, with great ability and comprehensiveness, the advantages which v.ould accrue from such an enterprise, and the facilities for its accomplishment. In the succeeding year the Legislature, on the renewal of his application, evinced their approbation and a sense of its importance, but no effectual measures were taken for its prosecution, and it was abandoned by its enterprising pro- jector, who long afterwards died in obscurity in the city which his genius, if properly encouraged, would have enriched. Others were destined to reap the abundant harvest of the fertile seeds sown by him. 17. At the opening of the session of the Legislature in 1791, Governor George Cunton adverted to the importance of pro- viding facilities 01 communication between the seaboard and the frontiers of the State ; and an act was passed directing the ex- ploration and survey of the route between the Mohawk and Hudson Rivers and Wood Creek with the view to the construc- tion of a canal. At the succeeding session the report of the commissioners appointed for that purpose was favorable, and Governor Clinton renewed his recommendation for its earnest consideration. 18. In the mean time. General Philip Schuyler and Elka- KAH Watson, in ignorance of the plans and views of Mr. CoUes, had exerted themselves with great energy and spirit in the prose- cution of the same idea. In 1791, Mr. Watson made a journey through the western portion of the State, discovered its facili- ties for internal navigation, and published a series of able es- says, which essentially contributed to the adoption of initiatory measures for carrying out this important project. 19. During the session of the Legislature in 1792, as already stated, acts had been passed incorporating the Western and the Northern Inland Lock Navigation Companies, the harbingers of the Erie and Champlain Canals. General Schuj'ler was elected President of the joint company ; and among its most efficient members were Thomas Eddy, Jeremiah Van Rensselaer, Barent Unsuccessful efforts of Mr. CoUes. — Governor Clinton's messages. — Survey of the route. — Favorable report. — Efforts of General Schuyler and Elkanah Watson. — Incorporation of the Western and Northern Inland Lock Navigation Company. — Its principal directors. lo6 SIXTH PERIOD. Bleecker, Elkanah Watson, and Robert Bowne. Its objects were the improvement of the navigation of the Mohawk River, and the opening of canals and lock navigation between that river to Seneca Lake and Lake Ontario, and between the Hudson and Lake Champlain. 20. In the yeai" 1796 the Western Company had completed a canal at the Little Falls of about three miles in length, with five locks, and another of a mile and a quarter at German Flats ; and, in 1797, one from the ilohawk to Wood Creek, nearly two miles in length, ^- making in all about seven miles, with nine locks. Between the Hudson and Lake Champlain the Northern Com- pany had accomplished nothing of importance. The expenses of construction, reconstruction, and repairs of the canal between Schenectady and the Oneida Lake, when finally completed, were found to be so great that the toUs required for its navigation rendered it vii-tually useless. 21. In 1798 an act was passed incorporating a company for the construction of a canal from Lake Ontario to Lake Erie, with sufficient lockage, passing around the cataract of Niagara. Up to this period no distinct conception of a canal, with lock navi- gation, from the Hudson to Lake Erie, seems to have been en- tertained in any quarter ; and no further efforts were made for caiTj'ing into effect the partial enterprises which were already commenced. All that had been accomplished was the removal of obstructions from the channel of the Mohawk and its tribu- tary streams, and the construction, at an enormous expense, of a small canal connecting it with the adjacent waters. 22. An act "for supplying the city of New York with pure and wholesome water " was passed during the session of the Legislature of 1 799, which was afterwards found to confer very important banking powers, under a clause authorizing the establishment of the Manhattan Bank, and gave rise to very se- rious political complications, resulting in the defeat of many of the leading Republican candidates at the spring election, espe- cially in the city of New York, and the triumph of the Federal party throughout the State. These successes were, however. Objects of the Western and Northern Inland I^ock Navigation Company. — Canal at Little Falls. — German Flats and Wood Crook. — Proposed ca- nal from Lake Ontario to Lake Erie. — The Manhattan Bank Cluirter. DEATH OF WASHINGTON. 157 neutralized by the intolerant enforcement of the unpopular se- ditious laws of the general govenmient by the executive officers of the State and nation. 23. The death of General Washington, on the Uth of De- cember, cast a deep gloom over the whole country. The most imposing funeral honors were paid to his memory in all the principal towns and cities of the Union ; and in the city of New- York especiallj', all parties vied in the expression of their sym- pathy for the general loss. 24. The Legislature met at Albany on the 28th of Janu- ary, 1800. The Governor, after pronomicing a brief and feeling eulogy upon General AVashington, submitted various recommendations for amendment of the existing laws, and con- cluded by earnestly urging upon the Legislature an adequate provision for the support of common schools. Gouveeneur Morris was chosen United States Senator in place of James Watson, resigned. 25. The April elections resulted in a complete triumph of the Republican (now known as the Democratic) party. De Witt Clinton, Brockholst Livingston, Mr. Swartwont, General Gates, John Broome, Henry Rutgers, and Samuel Osgood were elected to the Legislature from the city of New York, Aaron Burr from Orange, and Smith Thompson from Dutchess. Thomas Jeffer- son, of Virginia, was nominated by the National Republican Convention at Philadelphia, held in May, for President, and Aaron Burr for Vice-President. Messrs. Adams and Pinckney were renominated for these positions by the Federalists. 26. On the first Tuesday in November the Legislature con- vened, and the Republican candidates for electors of President and Vice-President were elected by a large majority. Joiix Armstrong was elected United States Senator in place of John Lawrence resigned, after which the Legislature adjourned until the last Tuesday in January. George Clinton was placed in nomination by the Republican member for Governor, and Intolerant proceedings of the Federalists. — Death of "WashiuL'ton. — Legislature of 1800, — Result of April elections. — The Democnuy tri- umphant. — Nominations for President and Vice-President. — Choice of presidential electors. — Election of United States Senator. — Nomination of candidates for Governor and Lieutenant-Governor. 158 SIXTH PERIOD. Jeremiah Tax Rensselaer for Lieutenant-Governor ; and Ste- phen Van Eensselaer and James Watson were the candidates of the Federalists. CHAPTER IV- Orgaxizatiox of the Common-School System. — Re-electio*' op Governor George Clinton. — Duel between Hamilton and BuiiR. — Death of Hamilton. 1. During the session of the Legislature of the ensuing year, the first of the century, a biU for the organization of the Common Schools of the State was introduced by Judge Peck, of Otsego, and an act passed directing the raising by lot- tery, under the control of managers appointed by the State, of the sum of one hundred thousand dollars, twelve thousand five hundred of which were to be apportioned by the regents of the University among the colleges and academies, and the residue, including the avails of the fund previously appropriated in 1 795, among- the Common Schools in such manner as the Legislature should prescribe. An act was also passed, recommending a con- vention of delegates to be held at Albany in the ensuing Oc- tober, for the amendment of the existing Constitution of the State in reference to the apportionment of members of the Legis- lature and the appointing power. 2. On counting the votes for President and Vice-President by Congress in February, it was ascertained that Thomas Jeffer- son and Aaron Burr had each received seventy-three votes for their respective offices, and John Adams and Mr. Pinckney each sixty-five votes. Under the then existing provisions of the Con- stitution, requiring the election of the highest candidates voted for as President, and the next highest as Vice-President, no choice Iiad been effected, and the election was thrown into the House of Representatives. The ballotings by States in this body con- tinued, amid intense excitement, during four days and nights ; Orj!;aTiization of tlic Common-School system. — Recommendation of a convention for tlie ixmendmeiit of tlie Constitution. — Contest between Jeffer- son and E'.irr for the Presidency. THE STATE GOVERNMENT. 159 and it was not until the thirty-sixth ballot that Mr. Jefferson ■was finally declared elected President, and Mr. Burr Vice-Presi- dent. 3. "Whatever may have been his private intrigues, it does not appear that Colonel Burr had in any way openly participated in tliis contest. During its prevalence he remained at Albany, in the discharge of his legislative duties ; and although it is scarcely to be supposed that he was devoid of interest in the result, there is nothing to show that any efforts were made on his part to do- feat Mr. Jefferson, the candidate of his party. IJis previous high standing, however, as a Eepublican leader was seriously impaired. 4. The spring elections resulted in the choice of Governor George Clixtox, and Lieutenant-Governor Jeremiah Van Rens- selaer, with a Republican majority in both branches of the Legis- lature. Both the national and State governments were now in the hands of the Republican or Democratic party. At the spe- cial election, in August, for delegates to the State Constitutional Convention, a similar preponderance of Republicans appeared. John V. Henry was chosen from Albany, De Witt Clinton from Kings, Aaron Bun- from Orange, William P. Van Ness and Daniel D. Tomjikins from New Yorli, and Smith Thompson from Dutchess. 5. Tlie convention assembled at Albany on the 13th of Octo- ber, and organized its deliberations by the election of Colonel Burr as President. After transacting the special business for which they were convened, an adjournment was effected at an early day. John Lansing, Jr., was appointed Chancellor in place of Mr. Livingston, who was soon afterwards made, by the President, Minister to France, where he succeeded in negotiating the celebrated treaty for the purchase of Louisiana. 6. The Legislatijre met at Albany on the 26th of Janu- 1 802 ary, 1802, and Ambrose Spencer was appointed, by the Council, Attorney-General in j)lace of Josiah Ogden Hoffman, re- signed. An apportionment of the members of assembly, now Agency of Burr in the contest. — Re-election of Governor Clinton and Liuutcnant-Govcrnor Van Eensselacr. — State elections. — Proccctlinirs of the Convention. — Appointment of Chancellor. — Meeting of the Legislature. — Ambrose Spencer appointed Attorney-General. 160 SIXTH PERIOD. iixed by the amended Constitution at one hundred, was made, and a resohition adopted on motion of Mr. Chnton, proposing an amendment to the United States Constitution, providing for tlie choice of clectoi-s of President and Vice-President by single electoral districts, and requiring such electors to designate on their ballots the person voted for by them for each office. 7. On the 9th of February, De Witt Clinton was elected United .States Senator in place of General Armstrong, resigned. The spring elections resulted in another Democratic triumph, including every member of the Senate and a large majority in the House. Soon after this period an imbittered personal and political warfare sprang up between the friends of Colonel Burr and those of De Witt Clinton, carried on through the columns of the American Citizen, edited by James Cheetham, in the interest of the latter, and the Morning Chronicle, edited by Dr. Irving, in that of the former, and resulting in a duel be- tween Mr. Clinton and Mr. Swartwout. 8. "When the Legislature convened in Januaiy of the succeed- ing year, it speedily became apparent that a large majority of its members disapproved of the conduct of Colonel Burr, and that he and his friends no longer possessed the confidence of the Re- liublican part3^ The latter obtained a signal and decisive tri- umph at the April elections. De Witt Clinton was appointed Mayor of the city of Xew York in place of Edward Livingston, who had been appointed, by the President, United States District Attorney ; and Ambrose Spencer was appointed a Judge of the Supreme C'oiu't in place of Jacob RadclifF, resigned. 9. On the 31st of January, 1804, the Legislature again assembled. The Governor communicated to both Houses the amendment of the Constitution recently adopted, requiring the presidential electors to designate the candidates voted for rcspeetivelj- as President and Vice-President. Governor George Clinton was placed in nomination by the democracy of the na- De Witt Clinton appointed United States Senator. — Projiosed amendment to tlic national Constitntion. — Controversy between the friends of Clinton and Burr. — Duel between Clinton and Swartwout. — Parties in the Legis- lature. — Triumph of tlic democracy. — Appointments and removals. — Prnii'cdinjrs of tlie Legislature. — Amendment of the United States Consti- tution in reference to presidential electors. STATE ELECTIOSS. 161 tioii as a candidate for Vice-President at the ensuing presiden- tial election in place of Colonel Burr, who had forfeited their confidence. The latter was, however, placed in nomination by his friends for the office of Governor. 10. At the February term of the Supreme Court, Chief-Jus- tice Lewis presiding, Hari-y Croswell, editor of a leading Federal paper pubhshed at Hudson, was indicted and convicted, under the provisions of the English common law, for a libel against the President, notwithstanding the offer on his part to prove the ti-uth of the allegations. His counsel. General Hamilton, made an eloquent defence in his behalf; and in the succeeding year the law in this respect was changed, and the truth of any alleged libel was thenceforth permitted to be given in evidence. This was the last and most brilliant forensie effort of Hamilton. 1 1. Morgan Lewis and John Broome were respectively elected Governor and Lieutenant-Governor by a large majority at the April elections, together with a majority of Democrats in both branches of the Legislature. Mr. Tompkins was elected to Con- gi-ess fi-om the city and county of New York. The defeat of Burr rendered him desperate, and in his mortification and cha- grin, in view of the disappointment of all his political pros- pects, he seems to have availed himself of every opportunity of revenging himself against those whose influence he had reason to suspect had contributed to the result. 12. Of these individuals he had chosen to regard Hamilton as the most prominent. His opposition had been felt in the contest for the presidency against Jefferson ; and in his recent struggle for political ascendency, Burr had reason to suspect his active hostility. Burning for revenge, he had determined to call his great and powerful adversary to a stem and severe account ; and for this purpose had watched for an opportunity when he could safely accomplish his nefarious purpose. 1 3. During the February term of the Supreme Court at Albany, some expressions of political hostility towards Burr had fallen from Hamilton, in a social conversation with one of his friends, with whom he was dining. The report of this coming to the ear T^lection of Governor and Lieutenant-Governor. — Trial of Croswell for lihtl. — Election of Governor Lewis and Lieutenant-Governor Broome. — Democratic triumph. — Hostility between Burr and Hamilton. 11 102 SIXTH PERIOD. of Burr in a distorted form, was construed by him as involving a personal charge, and a prompt acknowledgment or denial of the offensive terms demanded on the 18th of June. On the 20th Hamilton declined complying with this demand on account of the vagueness and indefiniteness of the charge, at the same time expressing his willingness to do so whenever it should be made more explicit, or to abide the consequences of his present refusal. In a subsequent note, through his friend, Mr. Pendleton, in reply to an offensive answer from Burr, Hamilton repeated in distinct terms his willingness, in response to any specific inquiry, to disclaim having at any time cast an imputation upon the private character or personal conduct of the former. 14. Bun', notwithstanding this candid and explicit disclaimer, persisted in regarding it as a mere evasion, and demanded im- mediate satisfaction. A hostile meeting was arranged on the 27th, which took place at Weehawken, on the Jersey shore, on the morning of the 1 1th of July. Hamilton was mortally wounded on the first exchange of shots, discharging his pistol in the air. He v,-as conveyed from the field to the house of a friend on the opposite shore, where he expired on the afternoon of the next day. On the 14th his remains were conveyed to Trinity Church, when, after an eloquent discourse pronounced by his friend Gouverneur Morris, they were deposited, with military honors, in the adjoining churchyard. 15. The death of Hamilton, and the unfortunate circum- stances which led to the melancholy catastrophe, cast a deep shade of gloom over the whole community. His military ser- vices, splendid talents, the high positions occupied by him in the civil departments of government, and his unexceptionable character in all the relations of life, had secured for him the warm affections and regard of his fellow-citizens generally ; and his premature death bj' violence, in the maturity of his powers and the fulness of his fame, was universally lamented. 16. By the election of Governor Lewis a vacancy had occurred in the office of Chief-Justice of the Supreme Court, which was soon afterwards filled by the appointment of James Kent and the promotion of Daniel D. Tompkins to the position of Asso- Corresponrtcnce. duel, and death of Hamilton. — Funeral obsequies. — Character of Hamilton. THE STATE GOVERNMENT. 163 ciate Justice. The Legislature assembled in November for the choice of presidential electors, and after the transaction of the special business for which they -were convened, and the election of Dr. Samuel L. JIitchell as United States Senator in place of General Armstrong, appointed Minister to France, an adjourn- ment to the ensuing January took place. At the meeting of the several electoral colleges in December, Mr. Jefferson was re- elected President, and George Clintox, of New York, chosen Vice-President by a majority of one hundred and sixty electoral votes. CHAPTER V. Administration of Goternor Lewis. — Common-School Fcnd. — Free-School Society of New York. — Election of Governor Tompkins. — Bcrk's Conspiracy. — Steam Navigation. — Erie Canal. 1. The State Legislature reassembled on the 22d of . 1 805 Januaiy, and a special message was received from Gover- nor Lewis strongly urging the importance of encouraging popu- lar education by the elevation and improvement of the common schools of the State, and recommending the exclusive appropri- ation of the avails of the public lands, now consisting of a million and a half acres, to this end. 2. In accordance with this recommendation an act was intro- duced and passed, appropriating the net proceeds of five hun- dred thousand acres of the public lands to the support of com- mon schools, the interest, when amounting to fifty thousand dollars, to be annually apportioned to these institutions for the payment of teachers' wages. The foundations of a permanent fethool fund were thus judiciously provided. The Free-School Society of the city of New York for the education of destitute children was also incorporated, with Db Witt Clinton as its Choice of presidential electors. — Appointment of United States Senator. — Tic-election of President Jefferson, and election of Vice-President Clinton. — Meetins of the Legislature. — Special messa;.'e of the Governor rel.ative to common-school education. — Common-school fund. — Free-School Society of New York. 164 SIXTH PERIOD. President, chiefly through his exertions and those of the Society of Friends ; and the first school was opened on Tryon Row in December, 1809. 3. At this time William W. Van Ness, of Columbia, in the Senate, and Obadiah German, of Chenango, in the House, -were the recognized leaders of the Federal and Democratic parties respectively. The preponderance of public sentiment through- out the State \vas strongly in favor of the Democrats, and the result of the spring elections of this year onlj' served to confirm this result. Manifest indications, however, had recently ap- peared, of irreconcilable dissensions among the majoritj', which threatened for a period seriousl}'^ to disturb their harmony, if not to interrupt their predominance. Mr. Clinton and his friends, in connection with the late political adherents of Colonel Burr, ranged themselves in opposition to the administration of Governor Lewis, and a deadly political feud seemed imminent. 4. At the succeeding session of the Legislature in 1806, the sentence of death against Stephen Arnold, a teacher of Otsego County, for causing the death of a child by whipping for a venial offence, was, on the recommendation of the Gover- nor, commuted to imprisonment for life, — a proceeding which created gi-eat popular indignation throughout the State. A recommendation was also submitted for the improvement of the disciphne of the militia ; the Governor, in his capacity of com- mander-in-chief, having, during the preceding autumn, made an official tour of inspection and review. Preparations for an appre- hended war with Great Britain were also strongly urged. During this session, Archibald MclNTYREof Montgomery was appointed Comptroller. The Federalists, as a body, transferred their sup- port to Governor Lewis in the approaching contest between his friends and those of Mr. Clinton ; and, aided by this coalition, a majority of the members of the Legislature in favor of the ad- ministration were returned at the ensuing spring elections. 5. In April of the ensuing year, the regular Republican ticket, headed by Daniel D. Tompkins as Governor and State of parties. — Political foud between the friends of Mr. Clinton and Governor Lewis. — Proceedings of tlie Le[:islat»re. — Stephen Arnold. — A]i)iointinent of CoinptroUer. — Coalition of Federalists and Kcpublicans. — Re,-ults of the election. AAnoy BURR. 165 John Broome as Lieutenant-Governor, was successful by a majority of about four thousand votes, carrying with it a mnjority of both branches of the Legislature. William W. Van Ness was promoted to the bench of the Supreme Court, by the Council chosen during Governor Lewis's administra- tion, in place of Brockholst Livingston, appointed an Associate Justice of the United States Supreme Court. 6. Colonel Burr was, in May, placed on his trial for treason, before Chief-Justice Marshall of the United States Supreme Coiu't at Richmond, Virginia, charged with an attempt to pro- cure a severance of the States west of the AUeghany Mountains, and with them, in conjunction with Mexico, to establish an inde- pendent government. He had been driven from New York by the public indignation created by the death of Hamilton, and since that occurrence had traversed the Southern and Western States and territories, engaging in treasonable intrigues with the disaffected, and other susjDicious undertakings which had excited the vigilance of the government and produced his arrest as a criminal. No sufficient proof, however, of his complicity having been presented, he was acquitted and discharged. 7. On the 7th of August the first Steamboat, the Clermont, was completed by Egbert Fdlton, of New York, and launched from Jersey City, on its trial trip up the Hudson for Albany, where it arrived on the next day, after a successful voyage of thirty-two hours. Chancellor Robert R. Livingston had, in 1798, obtained from the Legislature the exclusive right of steam navigation in the waters of the State for twenty years, on con- dition of building a boat, within one j'car, of an average speed of four miles per hour. Failing in the accomplishment of this ob- ject, and having made the acquaintance of Fulton in France, he obtained a renewal of the grant in 1803, when the former joined him in New York, and in four years thereafter their joint efforts were crowned with a brilliant success. 8. In November of the preceding year the British Government, now engaged in a war with the French Empire under Napoleon Election of Daniel T). Tompkins as Governor, and Licutenant-Govcraor Broonn;. — Trial and acquittal of Hurr at Richmond for treason. — Launch and successful trip of the iirst steamboat on the Hudson by Fulton. — Ilis- toi-y of the enterprise. IGG SIXTH PERIOD. Bonaparte, had issued a series of " Orders in Council " prohibit- ing all trade with France or her allies by the vessels of neutral nations. In retaliation, the Emperor proclaimed the celebrated ililan decree, forbidding all trade with England and her colonies, thereby effectually cutting off all American commerce, in neutral ships, with either of the belligerents. On the 23d of Septem- ber^ 1807, Congress laid an embargo on all vessels in the harbors of the United States, the results of which were exceedingly dis- astrous to the entire mercantile interest of the oountrj'. 9. The Federalists, as a body, together with that section of the Democrats heretofore acting in concert with Mr. Clinton, ranged themselves in determined ojiposition to this measure of the government ; while Mr. Clinton himself, and the great ma- jority of the Democratic party, were its advocates. The lead- ers of the former contended that the British Orders in Council were rendered necessary by the supplies constantly furnished to the French by American vessels, and which were not needed by the English ; while the latter justified the MUan and Berlin de- crees as a necessary measure of retaliation on the part of the French, and the embargo as the sole means of procuring a repeal of both ordinances. 10. The practicability of the construction of a canal from Lake Erie to the Hudson River had, to a greater or less extent, occupied the attention of reflecting and scientific minds since the failure of the efforts towards the close of the preceding cen- tury to improve the navigation of the Mohawk, and connect its waters, by means of small canals and lockage, with Lake Ontario. GouvERXEUR Morris, Jesse Hawley, and James Geddes had recentlj' directed public attention to this subject through the press and other channels, and the time seemed auspicious for its more mature consideration. 11. During the session of the Legislature of the suc- ceeding year, Mr. Joshua Forman, of Onondaga, proposed in the Assembly a concurrent resolution, which was subsequently adopted by the Senate on motion of Mr. Gould, directing the Surveyor-General to cause a survey to be made " of the most British Orders in Council. — Berlin and Milan decrees. — State of par- ties. — Proposed canal from Lake Erie to the Hudson. — Survey of the route. THE STATE GOVERNMENT. 167 eligible and direct route of a canal to open a communication between the tide-waters of the Hudson River and Lake Erie." The sum of six hundred dollars was appropriated for this pur- pose, and James Geddes, of Onondaga, employed to make the survey. His report in favor of the practicability of the under- taking was submitted to the Surveyor-General, and communi- cated by him to the Legislature at its ensuing session. 12. The strength of the Federalists in the Legislature was somewhat increased by the result of the spring elections, al- though the Democrats still retained a decided preponderance in both branches. During the summer. Colonel Burr sailed for Europe, where he remained for several years engaged in fruitless efforts to secure the co-operation of the English and French Gov- ernments in an expedition against Mexico. 13. On the 1st of November the Legislature reassembled for the choice of presidential electors. The electors appointed were uncommitted to any candidates, but, on their meeting, cast the vote of the State for J.\mes Madison as President and George Clixtox as Vice-President, who were subsequently elected by a large majority. 14. The Legislature reassembled on the 27th of Janu- ary, 1809. Resolutions were introduced in the Senate by Mr. Clinton, and adopted, after an exciting debate, by a large majority of both Houses, approving of the measures of the gen- eral government and pledging the State to their support. Gen- eral Obadiah German, of Chenango, was elected United States Senator as the successor of Dr. Samuel L. Mitchell, whose term had expired. The representative of the English Government at Washington, in pursuance of an understanding with the French Emperor, had consented in April to a repeal of the obnoxious Orders in Council, which was to be followed by a similar abro- gation of the Milan and Berlin decrees on the part of the French, and of the embargo and other restrictive regulations on the part of the American Government. 15. In the mean time, however, the Federalists, strengthened Report of Mr, Geddes. — Results of the spring elections. — Departure of Colonel Burr for Europe. — Election of President Madison and Vice-Presi- dent Clinton. — Proceedings of the Legislature. — Negotiations for a repeal of the English and French decrees. 168 SIXTH PERIOD. by the popular discontent induced by the pressure of the em- bargo upon the mercantile and agricultural interests of the countrj', had again, after an interval of ten years, obtained the ascendency at the spring elections. The 10th of June, the day on which the repeal of the embargo was to take effect, was cele- brated by public rejoicings throughout the State ; but these festivities were speedily damped by the disavowal of the treaty by the English Government, and its peremptory refusal to repeal the Orders in Council. These proceedings created a feeling of intense indignation against the British authorities which the Federalists were powerless to assuage. IG. On the 13th of March of the ensuing year, the sub- 1810 ject of the construction of a canal from the Western lakes to the Hudson Kiver was brought up iu the Senate by the report of James Geddes, of Onondaga, the surveyor of the pro- posed route. Through the influence of Mr. Clinton and Jonas Platt, of Oneida, the project was favorably received, and a Board of Commissioners, consisting of Gouverneur Morris, Ste- phen- Van- Rensselaer, William North, Thomas Eddy, and Petee B. Porter, appointed to make an additional exploration of the entire route, and report the results to the Legislature at its next session. 1 7. At the April elections. Governor Tompkins and Lieutenant- Governor Broome were re-elected by a large majority, together with a decided Democratic Legislature. This result was due in a great measure to the effbct of public sentiment produced by the refusal of Great Britain to sanction the treaty for the repeal of the Orders of Council, by the growing feeling of hostility to- wards that nation, the substitution of the non-intercourse sys- tem by the general government for that of the embargo, and the increasing popularity both of the general and State administra- tions. The country was rapidly drifting into another war with its ancient enemy, and the people of the State of New York es- pecially were with great unanimity preparing for the impending contest. Triiim;)li of the Democrats at the sj-jrins election.s. — Refusal of the Eng- lish Oovcrnmcnt. — Krie .ind Champlain Canal. — Report of surveyor. — Appointment of comnii?sionc!s. — Re-election of Governor Tompkins and LiciUcnant-Go\crnor Broome. — Preparations for war with England. Lewiston Landing in 1840. CHAPTER VI. Admixistratio^ op Govern-oe Tompkiss. — CoMMOw Schools. — Second War with Great Britain. — Colonel Burr. — Battle op queekstown heights. 1. The right of searching American vessels for British 1811. soldiers or sailors, claimed and exercised by England in addition to her other encroachments on our national rights, had at this period become so obnoxious as to demand from the United States Government the most decided measures for their repression. So strong was this feeling throughout the country, that a very large party in New York and other States, distrust- ing the energy of President Madison, presented the name of De Witt Clixton as a candidate for that office at the ensuing election. 2. During the session of the Legislature of this year, a bill was passed for the appointment of five commissioners to report Condition of national affairs. — Nomination of Mr. Clinton for the pres- idcncv. 170 SIXTH PERIOD. a system for the establishment and organization of Common Schools ; and under this act, Jedediah Peck, of Otsego ; John Murray, Jr., of New York ; Samuel Russell, Roger Skinner, and Samuel Macomb, — were appointed. 3. GocvERXEUR jMorris, in behalf of the commissioners ap- pointed for the exploration and survey of the proposed canal from the Hudson to Lake Erie, submitted a report, accompanied by a finely e.xecuted map of the entire route ; and an act was passed on the 8th of April, drawn up by Mr. Clinton, adding the names of Robert R. Livingston and Robert Fulton to the commission, and giving full authority to the Board for the con- struction of this gi-eat work. 4. The commissioners were also empowered to make applica- tion to Congress, to the legislatures of the several States, and to individuals, for pecuniary aid in the prosecution of the enter- prise ; but beyond these appeals, which were strongly urged by Mr. Clinton and Mr. Morris in person, no further progress was made until after the close of the pending war. 5. The general results of the spring elections were favorable to the Democratic party ; in conscqiience of the death of Lieu- tenant-Governor Broome, a new election was ordered to fill the vacancy, which resulted in the choice of Nicholas Fish, of New York, the Federal candidate, over Mr. Clinton, the can- didate of the Democrats. Both branches of the Legislature were, however, strongly Democratic. G. Governor Tompkins, in his speech to the Legislature ■ at the opening of the session of 1812, took occasion to pro- test in strong terms against the increase of a paper currency, through the growing tendency to the multiplication of banks of issue. On the 14:th of February the commissioners appointed for the organization of a common-school system made an elaborate and able report, accompanied by a bOl for that pur- pose, which was subsequently passed into a law. 7. Early in the session a bill was introduced for the charter Appointment of commissioners for the establishment of common .schools. — Bill for the construction of the canal. — Application to Consrcss and State leirislatiircs. — Spring elections. — Democratic trinraphs. — Dcatli of Lieutenant-Governor Broome, and election of Nicholas Fish. — Organiza- tion of the common-school system. AARON BURR. 171 of the Bank of Ambeica in the city of New York, with a capital of six millions of dollars, — four hundred thousand to be paid over for the benefit of the common-school fund ; one hundred thousand to the literature fund, for the support of colleges and academies ; another hundred thousand to the State treasur}-, at the expiration of twenty years, provided no other bank should during that period receive a charter ; one million of dollars to be loaned to the State for the construction of the canals ; and another million to farmers and others throughout the State, for the promotion of agriculture and manufactures. 8. This bill passed the House by a strong majority ; but dur- ing its pendency in the Senate, and when its passage by that body was certain, the Governor, on the 27th of March, pro- rogued the Legislature untU the 21st of May ensuing, on the allegation that sufficient proof existed of corrupt practices on the part of the friends of the measure for the procurement of the charter. 9. On the 20th of April the venerable George Clinton, Vice-President of the United States, died at Washington, in the seventy -fourth year of his age, after a long career of official honors and patriotic services. On the 21st of May the Legis- lature reassembled, when the pending bill for the charter of the Bank of America was immediately taken up and passed by both Houses. On the 28th, De Witt Clinton was formally nominated by the Democratic members of the Legislature as a candidate for the presidency, in opposition to Mr. Madison. 10. On the 8th of June, after an absence of four years in Europe, Colonel Burr returned to the city of New York, broken in spirit, disappointed in all his expectations of foreign aid in his ambitious aspirations for empire and power, deserted by his former friends, destitute in his circ\imstances, and heavily en- cumbered by debts. The death of his only and accomplished daughter, Theodosia Burr Alston, who went down, with every other passenger on board, during the voyage in a schooner from her residence in Charleston to New York a few days after her Charter of the Bank of America. — Prorofration of the Legislature. — Death of Georfre Clinton. — Reassembling of the Lefrislature. — PassaRe of the charter of the Bank of America. — Return of Colonel Burr. — Death of Theodosia Burr Alston. 1 72 SIXTH PERIOD. father's arrival, added a still deeper shade of melancholy to his decliuiug years and blasted prospects. He resumed the practice of his profession, and, struggling under the heavy burden of the calamities which weighed down his energies, spent the remain- ing twenty years of his life in comparative obscurity. He died in New York on the llth of December, 1836, in the eighty-first year of his age. 11. Colonel Burr was a man of marked ability and brilliant talents. Destitute of all high principles, either of religion or morality, his master passion was personal and political ambition. To that insatiable spirit he sacrificed reputation, friendship, hon- or, patriotism, and happiness. The terrible retribution which speedily overtook him followed him in his gloomy retirement, and left him only at the portals of the grave. His career furnishes another sad example of the miserable results of unchastened ambition combined with the absence of moral integrity. 12. On the 20th of June, war was declared by Congress against Great Britain, the Democratic members and senators from New York generally voting against it, not because sufficient reason in their judgment did not exist for the measure, but be- cause the country was, as they believed, unprepared for the com- mencement of hostilities. The Federalists, as a bod}', were op- posed to the war, not only for this reason, but because they conceived no adequate provocation had been given by England which did not equally exist against France. The great mass of Democrats in both branches of Congress (with the exception of the Xew York delegation) sustained the declaration. Congress immediately passed a bill for the enlistment of twenty-five thousand regular troops and fifty thousand volunteers, and or- ganized the West Point Military Academy for the instruction of cadets for the army. 13. At the September term of the Circuit Court, held in Clienango County, General David Thomas, State Treasurer, was indicted and tried before Judge William W. Van Ness for at- tempting to bribe Casper M. Rouse, a Senator from that county, during the pendencj' of the bill for the charter of the Bank of Subsequem career ami death of Bnvr. — Declaration of war aj^ainst Great Britain. — State of parties. — Organization of the West Point Military Academv. SECOND WAR WITH GREAT BRITAIN. 173 America. No sufficient proof of the charge having been pro- duced, General Thomas was acquitted. Solomon South wick, then editor of the Albany Register, was also tried and acquit- ted during the same month before Chief-Justice Kent at the Montgomery circuit, for an attempted bribery of Alexander Sheldon, Speaker of the Assembly. Thomas Addis Emmett, of New York, recentlj' appointed Attorney-General in place of ilatthias B. Hildreth, deceased, conducted these prosecutions on the part of the State. 14. In the mean time, General Hull, who had been appointed to the command of the forces in the territory of Michigan, with orders to invade Canada, had in August yielded to a slightly su- perior force of British and Indians, commanded bj' General Sir Isaac Brock and the Indian chief Tecumseh, and surrendered at Detroit his army of eight hundred men, thirty-three pieces of artillery, and a vast quantity of naval and military stores to the enemy. For this act he was, two years later, tried by court- martial, convicted of cowardice, and sentenced to be shot, but in consideration of his Revolutionarj' services received a pardon from the President. 1.5. The naval engagements of this year were notable. Cap- tain Isaac Hull, of the frigate Constitution, a vessel better known as Old Ironsides, had, on the 19th of August, captured, after a brilliant engagement, the British frigate Guen-icrc, commanded by Captain Dacres, off the mouth of the St. Lawrence ; Captain Decatur, of the United States, had, off the Azores, in October, compelled the British frigate Macedonian to strike her flag ; and Captain Joucs, of the Wasp, after captm-ing the British brig Frolic, was himself, with his prize, forced to yield to the Poictiors, a seventy-four gun frigate. Soon afterwards Captain Bainbridge, who had succeeded to the command of the Constitution, took and burned the British frigate Java off the coast of Brazil. 16. Captain Chauxcey, of the New York Navj'-yard, had been assigned to the command of Lakes Ontario and Erie ; and, with a small sloop-of-war of sixteen guns, and a fleet of mer- chant-vessels fitted out with guns and other naval equipments, Trial and acquittal of David Thomas and Solomon Soutlnvick for liribcrv- — Surrender of Detroit liy Hull. — Naval successes on the ocean. — Fleets on Lakes Erie and Ontario. 174 SIXTH PERIOD. and brought from Albany at an immense expense of labor, soon succeeded in clearing Lake Ontario of British ships and driving them into Kingston Harbor on the Canada shores. Lieutenant Elliott, having equipped a fleet on Lake Erie, by a bold and dar- ing movement, under the guns of the British fort on the oppo- site shore, captured two British armed vessels which had come down the lake from Detroit. 17. On the 19th of July an unsuccessful attack was made upon Sackett's Harbor, on the eastern shore of Lake Ontario, by a squadron of five British vessels from the Canada shore. The Harbor was defended by the United States brig Oneida, of sixteen guns, commanded by Lieutenant M. T. Woolsey, having in charge a British schooner which had been seized for a violation of the revenue laws, and by a military force of about three thousand regulars and volunteers. Lieutenant Woolsey, failing in his attempt to engage the British commodore, took command of a battery on the shore, whence, after two hours' firing, he crippled and dispersed the hostile fleet, without the loss of a man on the American side. An attack upon Ogdensburg, on the 4th of October, by a British fleet of twenty-five boats, with seven hundred and fifty men, was also gallantly repulsed by General Jacob Brown after a severe and protracted contest. 18. Early in September a large body of militia had been concentrated in the vicinity of Lewiston, on the Niagara River, under the command of Major-General Stephen Van Rensselaer. An attack upon the village and heights of Queenstown, on the western bank of the Niagara, a few miles below the Falls, was soon afterwards planned, and the requisite arrangements made for transportation of the troops, on the morning of the 11th of October, to the opposite shore. Through some deficiencj' or treachery on the part of Lieutenant Sims, the officer employed for this service, the boats failed to reach their destination, and the expedition was postponed. 19. On the morning of the 13th, however, ten boats, under the direction of Lieutenant-Colonels Chr}'stie and Solomon Van Rensselaer, with about two hundred and twenty-five men, crossed over to Queenstown, and, having landed the troops, immediately Attack on Sackett's Harbor and Ogdensburg. — Concentration of troops at Lewiston. BATTLE OF QUEEXSTOWN. 175 returned for additional reinforcements. In the absence of Colonels Chrrstie and Yan Eensselaer, who remained on the op- posite shore to superintend the embarkation of the residue of the troops, the command of the small force at Queenstown de- volved on Captain John E. Wool, the senior officer present. 20. The landing of this force was resisted with great spirit and energy by Captain Dennis, the British commandant of the post, who had become aware of the movement ; and Lieuten- ant Eathbone was mortally wounded, and other severe injuries sustained by the detachment, before their purpose could be ac- complished, and a line formed on the plateau near the foot of the heights above the village, by the companies of Captains Wool, Malcolm, and Armstrong. 21. Orders from head-quarters were immediately transmitted to Captain AVool to storm the heights, but before the ascent was commenced these orders were countermanded, and a vigorous attack was made on the right flank and front of Wool's line by Captain Dennis, who had been strongly reinforced by two ad- ditional companies of regular troops, stationed on the heights. After a short but severe engagement, in which two officers were killed, and Captains Wool, Malcolm, and Armstrong wounded, the enemy's force on the plains was repulsed. Lieutenant-Colonel Solomon Van Rensselaer was so severely wounded as to be unable longer to remain in command of the expedition. 22. The attack from the heights on the left flank of the de- tachment was still continued, until orders were received for its retreat to the beach, out of range of the enemy's fire. Still suffering from annoyance in this quarter, Captain Wool obtained permission to attempt the capture of the heights ; and, rein- foi'ced by a fresh company under command of Captain Ogilvie, though suffering from his wounds, at once commenced the ascent, and by an unfrequented path accomplished his daring object without the loss of a single man. 23. With the rising of the sun the American flag was planted on the British works. General Sir Isaac Brock, who had now an-ived on the ground, rallied the retreating forces of the Eng- lish, and, having repulsed a portion of Captain Wool's command Attack upon Queenstown. — Battle of Queenstown Heights. 176 SIXTH PERIOD. sent to occupy the heights above the batter}-, concentrated his forces against the remainder, who were driven back, in consider- able confusion, upon the precipitous bank of the river. 24. In this critical position. Captain Ogilvie was seen to raise a white handkerchief on a bayonet, as a token of sub- mission. Captain Wool with his own hands indignantly tore down the craven emblem, reanimated his troops by a spirited appeal to their bravery and courage, and renewed the doubtful and desperate contest with the superior force arrayed against him, led by the ablest general in the British service. Having exhausted their ammunition, a bayonet charge was made, and the enemy forced to reti'eat. 25. While engaged in an effort to rally his flying troops. Gen- eral Brock received a mortal wound, and Captain Wool and his gallant band again took possession of the heights of Queenstown. General Wadsworth and Lieutenant-Colonel Winpield Scott soon afterwards joined the detachment, now consisting of about si.x hundred regulars and militia, the command having been assigned to tlie latter. A brisk onslaught was immediately made upon the force by a band of Mohawk Indians, armed with tomahawks and knives, led by John Brant and Captain Jacobs, who, after a severe contest, were repulsed and driven from the heights, under the lead of Colonel Scott. 26. Meantime a strong reinforcement from Fort George, under the command of General SheafFe, was seen approaching the heights ; and General Van Rensselaer, who was on the field, immediately returned to Lewiston, to expedite the passage of the remaining militia reserves. In spite of all his efforts, not one of their number could be induced to cross the river in sup- port of their exhausted comrades. The failure of several boats which had previously been sent over, and the capture or loss of their passengers, had effectually discouraged any subsequent at- tempt. 27. Intelligence of this disaster was conveyed to Lieutenant- Colonel Scott, who, nevertheless determined, single-handed and worn down by the fatigues of the day, to encounter the over- powering force brought to boar against him. At four in the afternoon the action again commenced ; and so severe and well supported was the onslaught, and so superior were the numbers SECOSD WAR WITH GREAT BRITAIN. 177 of the enemy, that the Americans were forced to retreat and finally to siin'ender. About a thousand prisoners were taken, less than one third of whom had participated in the action, the residue having cither deserted or concealed themselves among the surrounding rocks and bushes. The British force num- bered thirteen hundred and fifty. The Americans lost ninety men killed, and one hundred wounded ; the British about one hundred and fifty of both, exclusive of Indians. 28. Thus terminated the well-fought field of Queenstown Heights, — deeds of heroism and valor having been displayed by officers and men never before exposed to fire, which would compare favorably with those of veterans inured to the service. The field in which Lieutenant-General Wixfield Scott and Major-General John E. Wool first " won their spurs " was nobly illustrated by the chivalrous minute-guns, which, by direc- tion of General Van Rensselaer, were fired from the American batteries at the conclusion of the funeral ceremonies of the British commander, General Sir Isaac Brock ! 29. On the 23d of October, a detachment of militia, chiefly from the city of Troy, commanded by Major Guilford D. Young of that place, occupying French Mills on the St. Regis River, attacked and captured a company of Canadian " Voyageurs," which, in contravention of a stipulation for neutrality, had oc- cupied the Indian village of St. Regis, situated on the north- eastern borders of St. Lawrence County, and were endeavoring to induce the inhabitants to join the British standard. On this occasion the first British flag taken in the war was captured by Lieutenant William L. Marcy, afterwards honorably dis- tinguished in the highest executive and legislative departments of the State and Union. 30. On the 2d of Isovember the Legislatiu-e convened for the choice of presidential electors. Martin Van Buren, of Colum- bia, made his first appearance in a legislative capacitj', at this session, as a Senator from the Middle District, and at once as- sumed the leadership of the Democratic party. Electors in favor of Mr. Clinton were duly chosen on joint ballot, a portion Capture of British troops at St. Regis. — First appearance in puhlio life of ilartin Van Buren. — Presidential electors in favor of Mr. Clinton chosen. 12 178 SIXTH PERIOD. of the Federalists voting with the majority of Democrats. Mr. Madison was, however, re-elected, by a majority of thirty-nine electoral votes, over Mr. Clinton, and Elbridge Geery, of Mas- sachusetts, Vice-President, by a majority of forty-five votes, over Jared Ingersoll, of Pennsylvania. CHAPTER VII. Adiiixistration of Goveknor Tompkins. — Second War with Great BniTAiy. — Common Schools. — Campaign of 1813. — Naval Vic- tort ON Lake Erie. — Capture of York. — Siege of Fort George. — Defence of Sackett's Harbor. — Black Bock and Buffalo. 1. The State Legislature reassembled on the 12th of Janu- ary, 1813. RuFus King, of New York, was elected United 181.3 States Senator in place of (General John Smith, whose term had expired. Gideon Hawley, of Albany, was appointed by the Council Superintendent of Common Schools, under the provisions of an act passed the preceding year for their better organiiation. De Witt Clinton was reappointed Mayor of Kew York. On the 28th of January, Chancellor Robert R. Livingston died, in the sixty-sixth year of his age. His emi- nent talents, long service in public life, and timely benefactions to his friend Robert Fulton in his great enterprise, endeared his memory to his fellow-citizens of all parties. 2. The spring elections resulted in the re-election of Governor Tompkins and the election of John Tayler as Lieutenant-Gov- ernor, with a strong Democratic majority in the Senate, and a small Federal majority in the other branch of the legislature. Stephen Van Rensselaer of Albany and George Huntington of Oneida were the Federal candidates for Governor and Lieuten- ant-Governor. In view of the bitter opposition of the New England States to the pending war with England and the ad- ministration of the general government, the triumph of the Democratic partj' in New York, in the re-election of Governor Re-election of Madison, and Elbridge Gerry, of Massachusetts, Vice-Pres- ident. — Election of United States Senator. — Superintendent of Common Schools. — State officers. — Death of Ch.incellor Livingston. — Re-eleetion of Governor Tompkins. — Election of Lientenant-Govemor Tayler. — De- mocratic triumph. XAVAL CONFLICTS. 179 Tompkins, was hailed with the highest gratification by its mem- bers throughout the Union. 3. ileantinie General John Armstrong, of New York, had been appointed Secretary of War by the President. The surrender of Detroit, the heroic episode of Queenstown Heights, and the brilliant victories of our infant navy, had infused a new spirit into the West, and volunteers from every quarter flocked to the patri- otic standard. The anny of the West, stationed at the head of Lake Erie, was placed under the command of General William Hexry Harrison, of Ohio ; that of the centre, between Lakes Erie and Ontario, under General Henry Dearborn, of Massa- chusetts ; and that of the North, in the vicinity of Lake Cham- plain, under General Wade Hampton, of Virginia. Frenchtown, on the Raisin, had been occupied by Winchester, under the direc- tions of General Harrison, and retaken by Proctor, the British commander, under circumstances of barbarous cruelty to his prisoners, who were left to the tender mercies of his Indian al- lies, notwithstanding the most solemn assurances of safety and security, and Forts Meig-s and Stephenson gallantlj' defended by General Clay and Major Croghan, a youth of twenty-one, against Proctor and the Indian chief Tecumseh. 4. On the ocean, Captain James Lawrence, in command of the Hornet, had, in February, captured the British frigate Pea- cock off the South American coast, and in the ensuing June, having been transferred to the command of the frigate Chesa- peake in Boston harbor, had, with his accustomed impetuosity, engaged the British frigate Shannon, Captain Broke. At the commencement of the action he was mortally wounded, his ship boarded, and after a severe hand-to-hand conflict her flag was struck, notwithstanding the dying command of her brave com- mander, " Don't give up the ship ! " 5. On the 7th of February, Major Benjamin Forsyth, of the United States Rifles, stationed at Ogdensburg with a party of two hundred men, organized a successful expedition for the rescue of several prisoners arrested in St. Lawrence County by the British authorities as deserters, and confined in the jail at Elizabethtown, in Upper Canada. For this exploit he received Pro]iatchr(I to the frontier wiih a military force. — Diplomatic negotiations. Legislature of 1838. — Governor's message. STATE BANKS AND SCHOOLS. 241 27. The bill authorizing the suspension of the act prohibiting the issue of small bills for two j-ears passed both Houses at an carlj- period of the session. Mr. Samuel B. Kuggles, of New York, made an exceedingly elaborate and able report on the subject of internal improvements, recommending large appropri- ations for the enlargement of the Erie Canal, and the construc- tion of auxiliary works, which met the approval of both branches. A general banking law was also passed, and an act appropriat- ing the surplus revenue of the United States deposited with the State for the purposes of education substantially in conformity with the recommendation of the Governor. 28. General Dix, in his annual report as Superintendent of Common Schools, after enumerating the various sources of in- come provided by the recent act and previous legislation, sub- mitted some very valuable and pertinent remarks in reference to the vital importance of moral and religious instruction in the common schools, free from all taint of sectarianism, and based exclusively on the teachings of the Bible, without note or com- ment. 29. At the November elections, William H. Seward, of Cay- uga, was elected Governor, and Luther Bradish, of Franklin, Speaker of the Assembly, Lieutenant-Governor, by a majority of about ten thousand over Governor Marcy and Lieutenant- Governor Tracy. The Whigs also obtained a majority of two to one in the Assembly, and carried five of the eight Senate districts, leaving the Democrats still in the ascendency in that branch of the Legislature. Suspension of the act prohibiting the issue of small bills. — Report on internal iraprovemcnt. — Canal appropriations. — General biinking law. — Appropriation of United States Deposit Fund. — Report of Superintendent of Common Schools. — Moral and religious instruction. — Election of Gov- ernor Seward and Lieutenant-Governor Bradish. 16 242 SEVENTH PERIOD. CHAPTEE VI. Administration op Govebxok Seward. — Education of Children OF Foreigners. — Canal Enlargement. — Internal Improve- ments. — C0.MMON Schools. — CoNiRovERsr with Virginia. — Ward Schools in New York. 1. On the assembling of the Legislature on the first Tues- day of January, 1839, Governor Sewabd, after recommend- ing the creation of a Board of Internal Improvements, the ef&cient prosecution of the enlargement of the Erie Canal, and the construction of three great lines of railroads in the northern, central, and southern sections of the State, paid a just tribute to its financial prosperity and the previous development of its resources. 2. " History," he observes, " furnishes no parallel to the finan- cial achievements of this State. It surrendered its share in the national domain, and relinquished for the general welfare all the revenues of its foreign commerce, equal, generally, to two thirds of the entire expenditure of the Federal Government. It has, nevertheless, sustained the expenses of its own adminis- tration, founded and endowed a broad system of education, charitable institutions for every class of the unfortunate, and a penitentiary establishment which is adopted as a model by civil- ized nations. It has increased fourfold the wealth of its citizens, and relieved them irom direct taxation ; and, in addition to all this, has carried forward a stupendous enterprise of improve- ment, all the while diminishing its debt, magnifying its credit, and augmenting its resources.'' 3. The message closed with an eloquent tribute to the merits of his great predecessor, the illustrious Clinton, and a recom- mendation for the erection of an appropriate monument at the capital for the reception of his remains. A bill was accordingly introduced, early in the session, for the accomplishment of this object, but failed to become a law. An act for the unconditional Jleoting of the Leirislature. — Governor's message. — Financial prosperitj' of the State. — Clinton monument. — Repeal of the act prohibiting small bills. ADMINISTRATION OF GOVERNOR SEWARD. 243 repeal of the law prohibiting the issue and circulation of small bills passed both Houses. 4. The official term of Senator Tallmadge having expired, a strong effort was made for his re-election, but without success, owing to the failure of the Senate to nominate. John C. Spen- cer, of Ontario, was appointed Secretary of State and Superin- tendent of Common Schools ; Bates Cooke, of Niagara, Comp- troller ; Willis Hall, of New York, Attorney-General ; and Samuel B. Euggles, of New York, Canal Commissioner, to sup- ply the vacancy occasioned by the death of Stephen Van Rens- selaer, which occurred at Albany in the preceding month. 5. During the ensuing summer. President Van Burbn visited the State, passing through the principal cities and villages on his route, and receiving every demonstration of respect and esteem from all classes of citizens. The fall elections resulted in the election of a Whig majority in both branches of the Legislature. William Henry Harrison, of Ohio, was placed in nomination, in December, by the National Whig Convention, as a candidate for the Presidency ; and John Tyler, of Virginia, as Vice-President. 6. The Legislature reassembled on the 7th of January, 1840. Governor Seward, after informing the Legislature that the net proceeds of the canals, deducting the interest of the debt for their construction, were $ 1,057,802, and the capital of the common-school fund nearly two millions, recom- mended the instruction of the children of foreigners by teach- ers speaking their own language and professing their own relig- ious faith, who should be permitted to participate equally with others in the funds provided by the State. 7. He also informed the Legislature that the cost of enlarg- ing the Erie Canal, heretofore estimated by the State officers at twelve millions of dollars, would exceed twenty-three millions at the lowest estimate, and that for the construction of the Genesee Valley and Black River Canals an additional expendi- ture of six millions would be requisite. He still, however, Appointment of State officers. — Death of Stephen Van Rensselaer. — Visit of President Van Buren. — Fall elections. — Whig nominations for President and Vice-President. — Message of the Governor. — Canal en- largement. — Common schools. — Instruction of the children of foreigners 244 SEVENTU PERIOD. virged the energetic prosecution of these and other great measures of internal improvement, by roads and canals, as a policy dictated by the highest and most important interests of the State. 8. He next invited the attention of the Legislature to a cor- respondence, which had taken place during the past year, be- tween himself and the Executive of Virginia, in reference to the demand of the latter for the surrender of three colored fugitives from that State, charged with stealing a negro slave. This demand had been refused, on the ground that such alleged felony was not recognized as such, either by the laws of nations or those of this State. 9. The first act of the Legislature was the re-election of Nathaniel P. Tallmadge as United States Senator. An act for the registry of voters in the city of New York was also passed, after a spirited discussion, by a strict party vote. Secretary Spencer, as Superintendent of Common Schools, trans- mitted to the Legislature, on the 13th of April, reports of the sevei-al visitors of schools, appointed by him imder an act of the preceding year, together with a full exposition of his own views for the improvement of the system. 10. He recommended the appointment of deputy-superin- tendents in the several counties of the State, and the establish- ment of graded schools and local Boai'ds of Education in the several cities and large villages of the State, the introduction of vocal music as a branch of elementary instruction, and various other changes in the details of the existing provisions of law applicable to these institutions. A bill in accordance with these suggestions, passed the Asscmbty, but failed of be- coming a law by the adjom-nment of the Legislature on the 14th of Jlay, after passing an act abolishing imprisonment for debt, and approving of the refusal of Governor Seward to sur- render the fugitives demanded by the Governor of Virginia. 11. An animated political canvass now ensued for the elec- tion of presidential candidates and candidates for the various State and county offices. Immense mass meetings were held Controversy with Virfrinia. — Appointment of United States Senator. — Bepon of Superintendent of Common Schools. — Abolition of imprisoumcnt for debt. — Political campaign of 1840. SEWARD ON COMMON SCHOOLS. 245 in every part of the State, and the utmost spirit and enthusiasm pervaded the action of both the great pohtical parties. Tlie HaiTisou electoral ticket prevailed at the November elections by a majority of thirteen thousand votes ; Governor Seward and Lieutenant-Governor BRi^dish were re-elected, by five thou- sand majority, over William C. Bouck, of Schoharie, and Dan- iel S. Dickinson, of Broome, the Democratic candidates, and a Whig majority was returned in both branches of the Legislature. 12. William Hexry Harrison, of Ohio, was elected Presi- dent of the United States by a majority of one hundred and seventy -four electoral votes over President Van Buren, who had rendered himself very obnoxious to the banking and com- mercial interests of the Union by his successful exertions in the establishment of an independent treasurj-, and to a large portion of the citizens of the Northern States by his alleged subserviency to Southern views and interests. John Tyler, of Virginia, was elected Vice-President by a still larger electoral majoritj' over Colonel Richard M. Johnson. The administra- tion of President Harrison was, however, terminated by his sudden death one month after his inauguration in the ensu- ing year, and Vice-President Tyler assumed its duties for the remainder of the term. 13. At the meeting of the Legislature in Januarj', 1841, Governor Seward, after expressing his gratification at the increased productiveness of the canals as shown by the net receipts of the preceding year, and estimating the entire in- debtedness of the State, exclusive of its loans to and liabilities for incorporated companies, at about fifteen millions of dollars, renewed his recommendation for the education of the childi-en of foreigners in our public schools. 14. The number of uneducated children in the State was estimated at thirty thousand, two thirds of whom were of foreign parentage; and the importance and necessity of providing for this neglected class the means of elementary instruction in schools taught by teachers of their own nationalities and religious faith Ro-olection of Governor Seward and Lieutenant-Governor Bradi.sh. — Election of President Harrison and Vice-President Tyler. — Dcatli of Presi- dent Harrison. — Governor's message. — Revenues of the canals. — State indebtedness. — Education of the children of foreigners. 246 SEVENTH PERIOD. were ably and eloquently portrayed. He observed that our sys- tems of education were deficient in comprehensiveness in the exact proportion of the number left uneducated ; that knowledge, however acquired, was better than ignorance ; and that " neither en-or, accident, nor prejudice ought to be permitted to deprive the State of the education of her citizens." 15. "Cherishing such opinions," he observes, "I could not enjoy the consciousness of having discharged my duty, if any effort had been omitted which was calculated to bring within the schools all who are destined to exercise the rights of citizen- ship ; nor shall I feel that the system is perfect, or liberty safe, until that object be accomplished I seek the education of those whom I have brought before you, not to perpetuate any prejudices or distinctions which deprive them of instruction, but in disregard of all such distinctions and prejudices. I solicit their education less from sympathy than because the welfare of the State demands it, and cannot dispense with it. 16. "As native citizens they are born to the right of suffrage. I ask that they may at least be taught to read and write. In asking this, I require no more for them than I have diligently endeavored to secure to the inmates of otu- penitentiaries, who have forfeited that inestimable franchise by crime ; and also to an unfortunate race, which, having been plunged by us into degradation and ignorance, has been excluded from the fran- chise by an arbitrary property qualification incongruous with all our institutions. 17. "I have not recommended, nor do I seek, the education of any class in foreign languages or in particular creeds or faiths ; but fully believing, with the author of the Declaration of Inde- pendence, that even error may be safely tolerated where reason is left free to combat it, and therefore indulging no apprehen- sions from the influence of any language or creed among an en- lightened people, I desire the education of the entire rising generation in all the elements of knowledge we possess, and in that tongue which is the universal language of our countrymen. 18. " To me, the most interesting of all our institutions is the Co-M-MON School. I seek not to disturb in any manner its Universal education. — The common school. COMMON-SCHOOL SYSTEM. 247 peaceful and assiduous exercises, and least of all with conten- tions about faith or forms. I desire the education of all the cliildren in the Commonwealth in morality and virtue, leaving matters of conscience where, according to the principles of civil and religious liberty established by our Constitution and laws, they rightfully belong." 1 9. Professor Alonzo Potter, of Union College, who, at the request of the Common-School Department, had personally, during the preceding year, visited and inspected the teachers' departments in the several academies of the State, submitted to the Legislature an able report, concluding with a recommen- dation for the establishment of a State Normal School, in accord- ance with the Prussian and French systems, for the education and proper preparation of teachers. The Superintendent, Mr. Secretary Spen'Cee, also renewed his recommendation of the pre- ceding year for a modification and improvement of the common- school system. 20. Early in the session, John A. Collier, of Broome, was chosen Comptroller, in place of Bates Cooke, resigned. The Governor transmitted to the Legislature copies of additional correspondence with the Executive of Virginia, in the case of the demand made by the latter for the rendition of certain alleged fugitives from justice in that Commonwealth. 21. From that additional correspondence, it appeared that in the spring of 1840 a citizen of New York, charged with the crime of forgery in Tompkins County, had fled to the State of Yirginia, whither a requisition was forwarded by Governor Seward to the Executive of Virginia for his surrender as a fugitive from justice. That requisition was refused, and the fugitive retained in prison in Virginia by the Governor, until the requisition made by him in behalf of the colored fugitives from that State should be complied with by the Executive of New York. This unjustifiable procedure was promptly disap- proved of by the Legislature of Virginia. 22. On the 26th of April, Secretary Spencer, as Superin- tendent of Common Schools, to whom was referred, by the Senate, the several memorials and petitions from the city of Ecport of Professor Potter. — State Novmal School. — Virginia corre- spondence. — Proceedings of the Governor and Legislature of Virginia. 248 SEVENTH PERIOD. New York for such a revision of the system of public educa- tion in that city as would provide more fully for the instruc- tion of the children of foreigners and Catholics, submitted an elaborate and able report, concluding with the recommendation that a Board of Commissioners should be elected in that city, with authority to establish and organize a system of Ward Com- mon Schools, which should co-operate with the schools of the Pub- lic School Society in furnishing the requisite facilities for the education of all classes of children, without regard to religious distinctions or other existing impediments to their instruction. 23. On the 2Gth of May the Legislature, by a nearly unan- imous vote, passed an act, in conformity with the recommen- dation of Secretary Spencer, amendatory of the common- school law, providing for the appointment of a General Deputy- Superintendent for the State, and the election of county superin- tendents in the several counties of the State, by the Boards of Supen-isors respectively. Under the provision of this act, Samuel S. Eaxdall, of Albany, then a clerk in the Superin- tendent's office, was appointed General Deputy-Superintendent by Mr. Spexcer. A liberal appropriation was also made for the support of an educational journal conducted by Francis Dwight of Ontario. CHAPTER VII. Admin-isteatiom of Governor Seward. — Burning or the Caroline. — Trial and Acquittal of Alexander McLeod. — Instruction OF Foreign and Catholic Children. — Ward Schools in New York. — Finances of the State. — The Virginia Controversy. 1. Ix the early part of January, Alexander McLeod, a resi- dent of Chippewa, in Canada, while visiting Lewiston, in Niagara County, openly avowed his complicity in the burning of the Caroline, and the mui'der of James Durfee, one of its crew, on the night of the 29th of December, 1837. He Kcport of Secretary Spencer on the educational system of New York City. — Amendment of the common-school law. — County superintendents. — District-school journal. THE M'^LEOD l^RIAL. 249 was at once arrested, and committed to the jail at Lockport, on a criminal charge, an indictment found against him for the murder of Durfee, and a civil suit commenced against him by the owner of the Caroline for damages sustained by its destruc- tion. The British Minister at Washington, Mr. Fox, on learn- ing the facts, immediatolj' demanded his release by the American Government, avowing and justifying the seizure and destruction of the Caroline as the act of the British Government. 2. In reply to this demand, the Secretary of State, Mr. Web- ster, informed Mr. Fox that the national government had no authority to interfere with the judicial proceedings of a State ; that the case was under the exclusive control of the Supreme Court of the State of New York; and that, in his judgment, that tribunal would concur with himself in the opinion, tliat, in view of the avowal made by the British Government, the prisoner sliould be released. 3. The case was argued in the Supreme Court, at its August term, in Utica, by Joshua A. Spencer, United States District Attorney for the Northern District of New York, in behalf of McLeod, and Attorney-General Willis Hall in behalf of the State. The counsel for the prisoner, in a masterly argu- ment, contended that the actual existence of a state of war on the northern frontier, at the time of the commission of the offence, whether formally recognized by the respective govern- ments or not, justified the prisoner in obeying the orders of his commanding officer, and that the sole responsibility for the con- sequences rested upon the British Government. 4. The Court, however, concurred with Justice Cowen, who delivered its opinion adverse to the application for the release of McLeod, and remanded him for trial at a special circuit in Oneida County, before Judge Gridley, of the Fifth Judicial District, where he was acquitted, after an extended and exciting trial, on full proof of his entire innocence of the charge, — his confession having been made in a mere spirit of boastfulness and drunken bravado. Thus terminated an investigation which at one time threatened to result in serious national complications. Arrest of Alexander McTjeod for the burninjj of the Caroline. — Demand of the British Government for his release. — Keply of Mr. Webster. — De- cision of the Supreme Court. — Trial and acquittal of McLeod. 250 SEVEyTM PERIOD. 5. On the 3d of January, 1842, the Legislature re- assembled. Governor Seward, after again referring to the controversy with Virginia, and calling the attention of the Legislature to a retaliatory act of the General Assembly of that State calculated to embarrass our coasting trade, renewed his recommendation for such a distribution of the public-school money in the city of New York as to allow the children of foreigners and Catholics to participate in the bounty of the State. 6. " This proposition," he observes, " to gather the young from the streets and wharves into the nurseries which the State, solicitous for her security against ignorance, has prepared for them, has sometimes been treated as a device to appropriate the school fund to the endowment of seminaries for teaching languages and faiths, thus to perpetuate the prejudices it seeks to remove ; sometimes as a scheme for dividing that precious fund among a hundred jarring sects, and thus increasing the religious animosities it strives to heal ; sometimes as a plan to subvert the prevailing religion, and introduce one repugnant to the con- sciences of our fellow-citizens ; while, in truth, it simply proposes, by enlightening equally the minds of all, to enable them to detect error wherever it may exist, and to reduce uncongenial masses into one intelligent, virtuous, harmonious, and happy people. 7. " Being now relieved from all such misconceptions, it pre- sents the questions, whether it is wiser and more humane to educate the offspring of the poor than to leave them to grow up in ignorance and vice ; whether juvenile vice is more easily eradicated by the Court of Sessions than by common schools ; whether parents have a right to be heard concerning the instruc- tion and instructors of their children, and tax-payers in relation to the expenditure of public funds ; whether, in a Republican government, it is necessary to interpose an independent corpora- tion between the people and the schoolmaster ; and whether it is wise and just to disfranchise an entire community of all con- trol over public education, rather than suffer a part to be repre- sented in proportion to its numbers and contributions." 8. The value of the endowments of the colleges and academies of the State was stated at $2,175,731, with an annual income Govemor Sew.nrd's mossat'e- — The Virginia controversy. — Appropria- tion of school money in Kew York. THE VIRGINIA CONTROVERSY. a.Jl of 8 47,165 ; and the productive capital of the common-school fund at $2,175,731, with an annual income of $201,000, ex- clusive of public lands valued at $ 200,000, and the principal of the United States Deposit Fund. The entire capital perma- nently invested for the support of education, including the literature, common-school, and United States Deposit Fund, and school edifices, was estimated at $ 10,500,000. 9. The net revenue from the State canals, after deducting all expenditures duiing the preceding year, was stated at one mil- lion and a half dollars, and the permanent public debt for their construction at § 15,540,530. The prosecution of the enlarge- ment of the Erie Canal and the completion of the Genesee Valley and Black River Canals were also urged. The cost of all the public works of internal improvement then in progress, including two thirds of the expense of constructing the New York and Erie Railroad, was estimated at $ 36,589,379, and the entire value of the taxable property of the State at seven hundred millions. 10. The whole number of school districts in the State, as ap- peared from the annual report of the acting Superintendent, was 10,886, and the number of children under insti-uction over six hundred thousand. The whole amount of monej' ex- pended during the preceding year for the payment of the wages of teachers was upwards of one million of dollars, of which about one half was contributed by parents on rate bills, and the residue from the public funds. There were upwards of six hundred and thirty thousand volumes in the several district- school libraries of the State. 11. The Acting Superintendent of Common Schools (S. S. Ran- dall) recommended such a modification of the system of public education in New York City as would combine the acknowledged excellency of that system, as administered by the Public-School Society, with its extension to that large class of children now virtually excluded from its benefits, thus fully carrj'ing out the enlightened views of the Governor in this respect, while preserv- ing the system from the perils of sectarian influences. Azariah Collcfres, academics, and common schools. — Kcvcnue of the canals. — State debt. — Cost of internal improvements. — Taxable valuation of the State. — Condition of the schools. — Report of Superintendent. 2;-) 2 SEVENTH PERIOD. C. Flagg was, on the 7th of Februarj-, elected Comptroller ; Samuel Youxg, Secretary of State and Superintendent of Com- mon Schools ; and George P. Barker, of Erie, Attorney-General. 12. The financial condition of the State at this time was such as to excite general apprehension and alarm. Heavy loans had become necessary in order to discharge the pressing claims upon the treasury for the paj-ment of contractors and laborers on the numerous public works in progress ; and a temporary suspension of those works, and the imposition of a State tax of one mill on the dollar, were recommended by the Comptroller as the only means of extrication from these embarrassments. Bills were accordingly reported, in accordance with these views, in both branches of the Legislature ; and, after full discussion, an act embodying these provisions became a law on the 29th of March. 1-3. On the 11th of April the two Houses adopted a joint resolution in reference to the Virginia controversy, declaring that stealing a slave, contrary to the laws of Virginia, was a crime within the meaning of the Constitution, and directing the Governor to transmit such resolution to the Executive of that State. Governor Seward, on the ensuing day, transmitted a message, in which, after reiterating his previous views on the subject, he declined a compliance with the directions of the Legislature, accompanied by the suggestion that some other agent than himself should be selected as the organ of com- munication. The Legislature, without taking further action in the matter, adjourned to the 16th of August for the division of the State into congressional districts. 14. Previous to the adjournment, however, an act was passed, authorizing the election of two commissioners in each of the wards of the city of New York, constituting a Board of Education in that city, with authority to establish schools, and, in conjunction with the Public School Society, to pro- vide the requisite facilities for the instruction of the children thei-ein. Under this act, several additional schools were organ- ized, and two independent systems of public schools were in operation. St.ite officers. — Financial condition of the State. — Snspcnsion of public works. — State tax. — The Virsinir. controversy. — Joint resolutiuii of the Legislature. — Message of the Governor. ADMiyiSTRATIOy OF WILLIAM C. BOUCK. 253 15. During the summer and fall of this year, William C. BoucK, of Schoharie, was renominated by the Democratic State Convention as a candidate for Governor, and Daniel S. Dick- inson, of Broome, for Lieutenant-Governor. Luther Bradisii, of Franklin, received the Whig nomination for Governor, and Gabriel Furmax, of New York, for Lieutenant-Governor. On the 4th of July the celebration of the completion of the Croton Aqueduct, for the supply of water to the city of New York, took place in that city with imposing ceremonies. 16. The November elections resulted in the complete triumph of the Democratic party, by a majority of nearly twenty-two thousand for Colonel Bouck and Mr. Dickinson over the Whig candidates, and the return of a large Democratic majority in both branches of the Legislature. Alvan Stewart, of Oneida, received about seven thousand votes as the candidate of the Abolitionists for Governor. CHAPTER VIIL ADMixi5THATioy or William C. Bouck. — Geological Suevet. — State Normal School. — Enlabgement of the Erie Canal. — Axti-Rent Distukbances. 1. Governor Bouck's first message, in January, 1843, took strong gi'ounds in favor of the legislative interpre- tation of the principles involved in the Virginia controversy, and of the policy of a gradual resumption of the public works of internal improvement, including the Erie Canal enlargement. Lyman Sanfoed, of Schoharie, was appointed Adjutant-General ; Henry Storms, cf New York, Commissary-General ; and Edwin Croswell was reappointed State Printer. Silas Wright was, on the 7th of February, re-elected United States Senator for the ensuing six years. 2. Several years previous the Governor had, by law, been directed to cause a geological survey of the State to be made, and the results of such survey, under the direction of eminent Election of Governor Bouck. — Governor's message. — Acljutatit-Gcneral. — State Printer. — United States Senator. — Geological survey of the State. 254 SEVENTH PERIOD. State geologists appointed for that purpose, to be published. During the preceding session, the geologists, including Professors Beck, James Hall, and Ebexezeu Emmons, of Albany, had for- warded elaborate reports of their proceedings, in ten volumes, accompanied with suitable illustrations and engravings, to the Legislature ; and three thousand copies of each were ordered to be printed, and deposited with the Secretary of State for distri- bution to the State officers and members of the Legislature. 3. Colonel YouxG, Secretary of State, on the 13th of March of the present year transmitted a communication to the Sen- ate, declining to carry out the provisions of this act, deeming it unconstitutional on the ground that it had failed to receive the assent of two thirds of all the members elected to each House. He also commented, with great asperity, upon similar violations of the Constitution by the Legislature in the creation of State stocks and the grants of public money. " Millions of outstanding stocks," he observed, " are now impending over the State, which were created bj' laws in clear and direct hostility with the plain provisions of the Constitution ; null and void in their inception, and imposing not even the shadow of a moral obligation for the fulfilment of their ostensible demands.'' 4. On the reception of this communication an excited debate sprung up, followed by the offer of several resolutions, declar- atory of the obligations of the State sacredly to fulfil all its contracts, without regard to any technical informality in their inception. Lieutenant-Governor Dickinson, in giving his cast- ing vote on these resolutions, reviewed with great severity and ability the positions assumed by the Secretary of State, and an angry newspaper controversy was for some time kept up between these two officers. The Secretary, however, during the continu- ance of his official term, steadfastly maintained his determination to decline a compliance with the law. 5. Mr. Calvin T. Hulburd, of St. Lawrence, Chairman of the Committee on Colleges, Academies, and Common Schools, sub- mitted to the Assembly an able report, recommending various improvements and modifications of the common-school system, in accordance with the suggestions of Superintendent Young in Communication of Colonel Young. — Controversy between the Lieutenant- Governor and Secretary. — Report on common schools. STATE NORMAL SCHOOL. 255 his annual report, all of -n-hich, with the exception of one for the establishment of a State Normal School for the education of teachers, were, on the 16th of April, approved by the Legis- lature, and incorporated into the law ; after which the Legis- lature adjourned. 6. Dui-ing the spring of this year, the death of SmiH Thomp- son, of the United States Supreme Court, occurred at his resi- dence in Poughkeepsie, and suitable testimonials of his high character and eminent services, both to the State and Union, were offered. The Hon. Samuel Nelson, Chief Justice of the Supreme Court of New York, was appointed by the President as his successor. The November elections resulted in a renewed triumph of the Democratic pai-ty in both branches of the Legis- lature. 7. On the reassembling of the Legislature in January, 1844, Governor Bouck stated the public debt of the State '^**' at 8 2-3,847,162, requiring an annual interest of $ 1,377,261. The revenue from the canals during the preceding year was about two millions of dollars. A cautious and economical pro- gress in the public works was recommended ; and a gratifying exhibit submitted of the prosperity and advancement of the common schools and other literary and charitable institutions of tlie State. Samuel Beardsley, of Oneida, was appointed a Judge of the Supreme Court, in the place of Esek Cowen, deceased. 8. Mr. HuLBUED, from the Committee on Colleges, Academies and Common Schools, on the 22d of March submitted a report recommending the establishment and organization of a State Normal School at Albany for the education and proper prepa- ration of teachers ; on the 7th of May thereafter, an act was jmssed in accordance with the report ; and on the 1st of June, the Superintendent of Common Schools, Samuel Young, Aloxzo Potter, William H. Campbell, Gideon IIawley, and Francis Dwigiit, were appointed an Executive Committee, Amendments of the school-law. — Death of JikIiic Thompson. — Appoint- ment of Chief-Justice Nelson as Judge of the United States Supreme Court — Legislature of 1844. — Governor's message. — Public debt. — C:mn\ rev- enues. — Common schools. — Judge of Supreme Court. — State Normal School. 256 SEVENTH PERIOD. for the organization and management of such school. David P. Page, of Massachusetts, was appointed Principal, and the school Tvas opened on the 18th of December. 9. On the 23d of April, Horatio Seymour, of Oneida, from the Assembly Committee on Canals and Internal Improvements, made an able report, concluding with the introduction of a bill authorizing and du-ecting the Canal Commissioners to proceed with the enlargement of the Eric Canal, to such extent as the interests of the State might require, and the moans at its dis- posal justify. This bill, after mature consideration, received the sanction of both branches of the Legislature, and became a law. A loan of nine hundred thousand dollars was also authorized for the paj-ment of canal damages, and the fulfilment of contracts. 10. Joint resolutions of both Houses were adopted, providing for such amendments of the Constitution as should provide that no expenditures for internal improvements, or other public pur- poses, should thereafter be made, without the appropriation of specific funds, by State tax or otherwise, for defraying their cost, and the assent of two-thirds of the members elected to each branch of the Legislatiu'e ; to prohibit the removal of judi- cial oflicers, except for cause ; for the abolition of property qualifications for any elective office ; and for the appointment of additional chancellors and justices of the Supreme Court. An act was also passed, restricting the number of Canal Commis- sioners to four, and making them elective by the people. 11. On the 27th of May the national Democratic conven- tion at Baltimore placed in nomination James K. Polk of Tennessee for President, and George 1A. Dallas of Pennsyl- vania for Vice-President. Henry Clay of Kentucky and Theodore Frelinghuysen of New Jersey were the candidates of the Whig party. President Van Bhren's refusal to commit himself in favor of the annexation of Texas to the United States was supposed to have prevented his renomination. James G. BiRNEY was the candidate of the Abolitionists. 12. During the winter of this year, serious disturbances had occm-rcd in consequence of the refusal of the tenants of the late patroon, Stephen Van Eensselaer, to fulfil the obligations Enlarfiement of the Eric Canal. — Proposed amendments of the Consti- tution. — Nomination for the presidency. ANTI-REyr DISTURBANCES. 257 of their respective leases. In many instances the interference of the military became necessary for the enforcement of legal process for this purpose, and numerous outrages upon the officers of tlie lavrs were committed. In the counties of Albany, Rensselaer, Delaware, Columbia, and Greene, an organized re- sistance to these demands was made, and legal process was openly set at defiance. 13. Independently, however, of those citizens who thus ar- rayed themselves in open opposition to the enforcement of the laws, a verj- large proportion of the residents on the Van Rens- selaer manor felt themselves seriously aggrieved by the de- mands of their present landlords, under the provisions of ancient leases, which for more than a century had been suffered to lie in abeyance, and the revival and enforcement of which, after so long a period, throatonod them with inevitable ruin. They demanded legislative relief from this state of things, and carried their grievances to the polls. 14. In addition to this political organization, whose increas- ing numbers gave to it a prominent influence, the Native- American party suddenly sprang into existence at about this period, and from a local importance, occasioned by the great influx of foreigners to the city of New York, and their weight in the election of city officers, soon diffused itself over the State and nation. Its political aim was the exclusion from public office of all persons of foreign birth. 15. At the November elections, Silas Wright, of St. Law- rence, was elected Governor, and Addison Gardiner of Mon- roe, late Judge of the Eighth Circuit, Lieutenant-Governor, by a large majority, over Millard Filljiore of Erie and Samuel J. "Wilkin of Orange, together with a decided Democratic ma- jority in both Houses of the Legislature. James K. Polk and George M. Dallas, after an animated and exciting political campaign, were elected President and Vice-President of the United States, by electoral majorities of sixty-five, over Henry Clay and Mr. Frelinghuysen. 16. In consequence of the resignation of Senators Wright Anti-Rent rtisturbances — Anti-Rent and Native-American parties. — Election of Silas Wrifrht as Governor, and Addison Gardiner, Lieutenant- Governor- — Presidential election. 17 258 SEVENTH PERIOD. and Tallmadge, Governor Bouck, in December, appointed Henry A. Foster of Oneida, aud Lieutenant-Governor Daniel S. Dickinson, of Broome, as United States Senators, for the unexpired terms respectively. The proposed amendments to the Constitution in reference to the prosecution of the public works, and the finances of the State, and other objects, having received the approval of a majority of the people at the recent election, were again remitted to the ensuing Legislature for final adoption. CHAPTER IX. Administkation of Silas Weight. — Internal iMrROVEMBNTS. — Canal Enlargement. — Common Schools. — Anti-Rent Oni- rages. — Proclamation of Martial Law. — Trial and Convic- tion OF the Insurgent Leaders. — Railroads and Magnetic- Telegraph AVlRES. L At the meeting of the Legislature in January, 1845, Governor Wright recommended a steady adherence to the legislative policy of 1842, in reference to the prose- cution of the public works, and the incorporation of that policy as a permanent part of the State Constitution. After presenting a clear exhibit of the financial condition of the State, and its vari- ous literary and charitable institutions, he thus adverts specially to the funds set apart for the benefit of the common schools : — 2. " Few if any instances are upon record," he observes, " in which a fund of this description has been administered and its bounties dispensed, through a period of forty years, with so few suspicions, accusations, or complaints of the interference of either political or religious biases to disturb the equal balance by which its benefits should be extended to our whole population. This should continue as it has been. 3. " Our school fund is not instituted to make our children and youth cither partisans in politics or sectarians in religion, but to give them education, intelligence, sound principles, good moral habits, and a free and independent spirit ; in short, to Appointments of United States senators. — Proposal for amendment to the Constitution. — Governor AVright's message. — Prosecution of the public works. — Common schools. ANTI-RENT OUTRAGES. 259 make them American freemen and American citizens, and to qualify them to judge and choose for themselves in matters of politics, religion, and government. i. " Such an administration of the fund as shall be calculated to render this qualification the most perfect for the mature minds, with the fewest influences tending to bias the jvidgment or incline the choice, will be the most consonant with our duties and with the best interests of our constituents. Under such an administration, education will flourish most, and the peace and harmony of society be best preserved. 5. " Xo public fund of the State is so unpretending, yet so all-pervading ; so little seen, yet so universally felt ; so mild in its exactions, yet so bountiful in its benefits ; so little feared or courted, and yet so powerful, as this fund for the support of common schools. The other funds act upon the secular inter- ests of society, its business, its pleasures, its pride, its passions, its vices, its misfortunes. This acts upon its mind and its morals. 6. " Education is to free institutions what bread is to human life, — the staff of their existence. The office of this fund is to open and warm the soil, and sow the seed which the element of freedom must grow and ripen into maturity ; and the health or sickliness of the growth will measure the extent and security of our liberties. The thankfulness we owe to those who have gone befoi-e us for the institution of this fund, for its constitutional protection, and for its safe and prudent administration hitherto, we can best repay by imitating their example, and improving upon their work as the increased means placed in our hands shall give us ability." 7. The Governor informed the Legislature that resistance to the law and its officers in the anti-rent districts had been re- newed, in forms and under circumstances of the deepest aggra- vation ; and that organized bands of men, disguised as savages, with arms in their hands, had bidden defiance to the law, its process, and its officers, and in repeated instances rendered its mandates unavailing, while in some cases the lives of unoffend- ing citizens had been taken. Common-School Fund. — Anti-rent outrages. 2G0 SEVENTH PERIOD. S. " While the question between the proprietors and the tenants,'' he observes, " was whether the leasehold tenures should be perpetuated, or the rents should be commuted upon fair and reasonable terms, and foe-simple titles given upon the payment of a capital in mone}', which, invested at a stipulated rate, would reproduce tlio rents to the landlord, the controversy was one in which the feelings and s3'mpathios of our people were deeply enlisted, and strongly inclining in favor of the tenants. 9. " Then the question was not whether rights of property are to be trampled upon, the obligations of contracts violently resisted, the laws of the State set at defiance, the peace of society disturbed, and human life sacrificed ; but in what way contracts onerous in their exactions and tenures, in their nature and char- acter uncongenial with the habits and opinions of our people, could be peaceably and justly and constitutionally modified to meet the changed circumstances of the times. 10. " Then I might have invited your careful attention to the considerations growing out of these issues ; but I feel precluded from discussions of this character by the extravagant and inde- fensible position given to the controversy by the unlawful and violent proceedings of those who assume the charge of the rights and interests of the tenants involved in this litigation.'' He accordingh' recommended the enactment of stringent penal laws for the prevention and punishment of all outrages of this nature, which was promptly complied with by the Legislature at an early period of the session. 11. On the first Tuesday in February, Azariah C. FLAGGwas reappomted Comptroller ; Nathaniel S. Benton', of Herkimer, appointed Secretaiy of State and Superintendent of Common Schools, in place of Colonel Young ; and John Van Buebn, of Albany, Attorney-General, in place of Mr. Barker. Greene C. Bronson. of Oneida, was appointed Chief-Justice of the Su- preme Coui-t. On the 25th of Februar)"-, General John A. Dix was f.hosen United States Senator, to fill the unexpired term of Governor Wiiight, and Lieutenant-Governor' Daniel S. Dick- inson for the residue of the term of Senator Tallmadge and State officers. — United States senators. ^^E\V COXSTITUTIOXAL CONVENTION. 261 for the full term succeeding. Governor Marcy was soon after- ■n-ards appointed, by the President, Secretary of War of the United States. 1 2. The various constitutional amendments proposed by the last Legislature and ratified by the popular vote, with the ex- ception of those providing for the abolition of property qualifi- cations for elective oifioers and prohibiting the removal of judicial officers without just cause, failed to secure the requisite constitutional majorities in both Houses. A liill was accord- ingly, on the 13th of March, introduced in the Assembly by Mr. Craix, of Herkimer, providing for the call of a State Con- vention for the formation of a new Constitution, which, after a series of animated discussions and debates in both Houses, finally became a law, subject to the approval of the people at the ensuing election. 13. At a late period in the session, an act was passed in both Houses appropriating one hundred and ninety-seven thousand dollars from the revenues of the canals for the completion of siicli portions of the enlarged Eric, Black River, and Genesee Valley Canals, and such repairs to other public works as may be required by the interests of the State. This bill encountered a veto from Governor "Wright, chiefly upon the ground of the in- compatibility of some of its details with the legislative policy of the act of 1842, which had received the sanction of the popular vote, and failed to obtain the requisite constitutional majority. 14. Notwithstanding the severe penalties of tlic act recently passed for the prevention of anti-rent outrages, great excitement and alarm still prevailed in the manor counties. In Columbia, during the summer of this year, several outrages were commit- ted by members of the Anti-Rent associations disguised as In- dians. One of the most active agents, Dr. Boughton, was arrested, tried, convicted, and imprisoned. In Delaware and Schoharie, frequent sanguinary riots took place ; and in August, i\Ir. Steel, a deputy-sheriff', while in the discharge of his official Constitutional amendments. — Bill for a State Constitutional Convention. — Act in relation to the canals. — Governor's veto. — Further anti-rent out- rages. — Imprisonment of Dr. Boughton. — Murder of Deputy-Sheriff Steel. 262 SEVENTH PERIOD. duties, was attacked by an armed party and inhumanly mur- dered. 15. So numerous and daring were the acts of lawless violence perpetrated by these men in Delaware County, that application was made to Governor Weight to declare the county in a state of insurrection. A spirited proclamation was immediately issued bv the Governor, commanding the restoration of order under severe penalties, and ordering out a sufficient military force for the protection of the inhabitants. A special court of oyer and terminer was convened by Judge Amasa J. Parker, several con- victions obtained by Attorney-General Van Buren, including two of a capital nature, the punishment for which was com- muted hj the Governor to imprisonment for life. 16. In December, official information of the suppression of the insurrection was received, and the proclamation of martial law by the Governor revoked. The ability and firmness with which the executive duties were performed at this alarming and diiScult crisis commanded the general approbation and admi- ration of the people of the State. The fall elections, in the mean time, had resulted in the usual Democratic majorities in both branches of the Legislature, and the approval of the call for a State Constitutional Convention, by a majority of upwards of one hundred and eighty thousand votes. 17. From the period of the construction of the Albany and Schenectady Railroad, in 1830, which was the pioneer of this great system in New York, and the inception, aided by the credit of the State, of the New York and Erie Railroad at a later period, numerous acts of the Legislature authorizing the construction of these roads by incorporated companies were passed, and in every section of the State wholly or partially car- ried into effiact. The Albany and Schenectady road was com- pleted to Ctica, where it was soon intersected by another con- necting with the New York and Erie Road, and completing the connection between New York, Buffalo, and Lake Erie, and the facilities of rapid communication between these points was in- Insurrection in Delaware County. — Proclamation of the Governor. — Martial law. — Trial and conviction of tlie Anti-Rent rioters. — Suppression of the insurrection. — Result of the November elections. — State Consti- tutional Convention approved. — Railroads. RAILROADS AND TELEGRAPH. 263 creased by the construction of the Hudson Eiver and Harlem Railroads between New York and Albany. IS. During the present and succeeding years these facilities ■n-ere immeasm-ably increased by the opening of magnetic-tele- graph lines from Washington, through Philadelphia, New York, and Albany, to Boston, through the energy and genius of Profes- sor !MoRSE and Hesry 0. Rbilly ; and other similar hues followed in quick succession, opening instantaneous communication be- tween the principal towns and cities of the State and Union. CHAPTER X. Admisisteatiox of Governor Wright. — State Constitutiostal CoxvENTios. — Constitution of 1846. — Free Schools. 1. Governor Wright, in his message to the Lesrisla- 1846 ture of 1846, after recapitulating the incidents connected with the recent Anti-Rent outbreaks, and the suppression of the insurrectionary movements in the manor counties, recommended the abolition of the process of distress for rents hereafter to accrue, the taxation of the landlords' rents as income, and the restriction of all leases hereafter to be executed to a period of five or ten years. The State debt was estimated at $16,644,815, and the revenues from the canals during the preceding year at about two and a half millions of dollars. 2. The annual report of the Superintendent of Common Schools showed an increase of the number of school districts in the State to upwards of eleven thousand, in which were taught seven hundred and thirty-six thousand pupils, at an expense of upwards of one million of dollars, nearly half of which was con- tributed by rate-bill. Ninetj'-five thousand dollars had been expended in the purchase of school-district libraries, which numbered upwards of one million volumes. Acts were passed abolishing distress for rent and facilitating the legal remedies by re-entry on lands for its non-payment. Magnetic telegraph. — Legislature of 1846. — Governor's message. — Anti-rent excitement. — State debt. — Canal revenues. — Report of Super- intendent of Common Schools. — District libraries. — Distress for rent. 264 SEVENTH PERIOD. 3. On the first day of June the State Constitutional Con- VEXTiox, the members of which had been elected in April, assembled at Albanj-, and organized by the election of ex- Lie\itenant-Goveriior John Tr.vcy, of Chenango, as President, and Francis Starbuck, of Jefferson, Henry W. Strong, of Rensselaer, and Francis Seger, of Lewis, as secretaries. A committee of seventeen was appointed for the distribution of the business of, the Convention, who, on the succeeding day, presented a report, which was adopted, and the several com- mittees charged with the consideration of the various subjects presented for discussion appointed. 4. Xo material alteration of the existing provisions of the Constitution of 1821 was made in the organization of the Ex- ecutive Department. In the Legislative Department, the only essential change was made in the requisition of the election of senators for a period of two years by single senatorial districts, and of members of the Lower House by single Assembly districts in the several counties of the State. The power of impeachment of public officers was vested in the Assembly, and the Senate and judges of the Court of Appeals, presided over by the Lieu- tenant-Governor, constituted the tribunal for the trial of such impeachments. 5. Eight judicial districts were directed to be constituted, in each of which four judges of the Supreme Court, vested with legal and equitable powers, were to be elected, with such addi- tional number in the district composed of the city of New York as its population might from time to time require. These judges were required to be classified, so that the terms of each shou.ld expire once in every eight years, after the first classifi- cation. A Court of Appeals was organized, to be composed of eight judges, four to be elected by the people of the entire State for the term of eight years, and the remaining four to be selected from the class of justices of the Supreme Court having the shortest time to serve. Provision was made for the election of one of these justices every second year, and for the appointment of a Chief-Justice from their number, and presiding judges at tlie general terms, in the several District Courts, and also for ronstiuitioii;il Convention. — Organization of the Executive. — Legis- lative and Judicial Departments. COSSTRUCTION OF THE COURTS. 265 the establishment of circuit courts and courts of oyer and ter- miner in the several counties. 6. Justices of the Supreme Court and judges of the Court of Appeal were made removable by concurrent resolution of both Houses of the Legislature, two thirds of all the mem- bers elected to the Assembly and a majority of the Senate concurring. All other judicial officers, except Justices of the Peace and judges or justices of inferior courts not of record, were made removable for cause to be stated, by the Senate on the recommendation of the Governor, after a full opportunity for defence. In case of any vacancy in the office of judge, the Governor was authorized to supply such vacancy by appoint- ment until the next ensuing election. 7. A county judge was required to be elected once in four years, in each of the counties of the State except New York, for the holding of county courts, and, with two Justices of the Peace, of Courts of Sessions, and the performance of the duties of SuiTogate, when the population of the county was less than forty thousand. Justices of the Peace were made elective by the people of the several towns for a term of four yenrs each. Tribunals of Conciliation were authorized for the voluntary settlement of litigated cases, and provision was made fur the appointment of commissioners for the revision of practice and pleading in the several courts of the State, subject to the approval of the legislatures. Sheriffs, county clerks, district- attorneys, and coroners were to be elected in the several counties for a term of three years respectively. 8. The Comptroller, Secretary of State, Treasurer, Attorney- General, State Engineer, and Surveyor were required to be cho- sen bv the electors of the State at the general election, once in every two years. Thi-ee Canal Commissioners and three In- spectors of State Prisons were to be also elected in the same manner, one of their number to be annually chosen for the term of three years. The Lieutenant-Governor, Secretary of State, Comptroller, Treasurer, Attorney-General, Speaker of the Assembly, and State Engineer and Surveyor were constituted Kcmovalof justices of the Supreme Court. — County judges. — Justices of the Peace. — Tribunals of conciliation. — Revision of practice and plead- ings. — County officers. — State officers. 2G6 SEVENTH PERIOD. Commissioners of the Land Office ; the four first named of these officers Commissioners of the Canal Fund, and, in conjunction ■n-ith the Canal Commissioners and State Engineer and Surveyor, the Canal Board. 9. After .defraying the expenses of collection, superintendence, and ordinary repairs, the sum of one inillion three hundred thousand dollars ^yas required to be annuallj' set apart until the first day of June, 1855, and from tliat date one million seyen hundred thousand dollars annually, from the revenues of the State canals, as a sinlcing fund for the payment of the in- terest and redemption of the principal of the canal debt ; and a further annual sum of three hundred and fifty thousand dollars from the surplus revenues of such canals, until a suf- ficient sum had been provided to pay the whole of such principal and interest. 10. On the completion of such payment, the sum of one and a half millions of dollars was required to be annually set apart as a sinking fund for the payment of the interest and redemp- tion of the principal of the general fund debt, including the amount due on loans of the State credit to railroad companies, until the same should be wholly paid ; after which, and after defraying all expenses of superintendence and repair of the canals, such sum, not exceeding two hundred thousand dollars, to be annually appropriated from their surplus revenues to the use and benefit of the general fund, as should be required to defray the necessary expenses of the State. 11. The remainder of the canal revenues, after meeting these various appropriations, was authorized to be applied, in such manner as the Legislature should direct, to the enlargement of the Erie Canal, and the completion of the Black River and Genesee Valley Canals. Various other provisions were made for the occurrence of future deficiencies in the funds of the State, for the payment of its obligations, and the support of the government. All appropriations of money were required to be specifically stated in the acts for their provision ; and the cvcdit Commissioners of the Land Office anil Canal Fund. — Canal Board, — I'ro- vision for tlie payment of the canal ilcljt. — A]ii)roprialions to jrcncral fund. — Krie Canal enlartccmcnt. — Black River and Genesee Valley Canals. — Provisions for deficiencies in State funds. — Appropriations of public money. THE CONSTITUTION OF 1821. 267 of the State forbidden to be loaned to or in aid of any indi- vidual, association, or corporation. 12. Xo debt was thereafter to be contracted by or on behalf of the State, unless authorized by a law for some single speci- fied work or object, and unless provision at the same time were made for the imposition and collection of an annual State tax for the payment of the accruing interest, and the extinguishment of the principal of said debt within eighteen years thereafter ; nor could such law take effect until it should have been sub- mitted to the people of the State at a general election, and have received the approval of a majority of all the votes cast at said election for or against it. Such law, after such approval, might be at any time repealed, or its operation suspended, by the Legislature, with the exception of the provision therein made for the collection of a tax to defray any expenditures in- curred. 13. No such law was allowed to be submitted to the people within three months after its passage, or at any election, when any other bill or any proposition for the amendment of the Con- stitution should have been so submitted. On the final passage of any bill imposing, continuing, or reviving a tax, creating a debt or charge, or making, continuing, or reviving any appropri- ation of public money, or discharge of any claim or demand of the State, three fifths of all the members elected to each House were required to constitute a quorum, and the ayes and noes to be taken and recorded on such bill. 14. Corporations, including banking and other associations, were authorized to bo formed under general laws, and special acts for this purpose were prohibited, except for municipal purposes and in cases where, in the judgment of the Legislature, the object of such corporations cannot be attained under general laws. Suspension of specie payments by any such corporation or association was prohibited to be sanctioned or in any man- ner allowed by the Legislature ; all bills or notes put in circu- lation as money were required to be registered, and ample se- Loans to iiulividuals, associations, or corporations. — Eestrictions on the contraction of State debts. — Corporations to be formed under general laws. — Restrictions on banking associations. — Registry and redemption of bank-notes. 2G8 SEVENTH PERIOD. curity for their redemption in specie furnished to the State, and stockholders made individually responsible for any deficiency. 15. The capitals of the Common-School, Literature, and United States Deposit Funds, were respectively to be preserved inviolate, and their revenues applied exclusively to the purposes of their crea- tion. The sum of twent}--five thousand dollars was directed to be annually applied from the revenues of the United States Deposit Fund to the increase of the capital of the Common-School Fund. 1 G. The Legislature was directed to provide for the organiza- tion of cities and incorporated villages, and so to restrict their powers of taxation, assessment, borrowing money, contracting debts, and loaning their credit, as to prevent abuses in such as- sessment, contracts, and loans. 1 7. Provisions were made for future amendments to the Con- stitution bj' the Legislature, with the approbation of the people at elections, general or special ; and also for the calling of a State Convention for that purpose at the general election in 1866, and in each twentieth j-ear thereafter. 18. During the session of this Convention the first move- ment was made for the establishment of Free Schools through- out the State. With the exception of the city of Kew York, the several common schools were supported in great part by local taxation and the payment of rate-bills for teachers' wages, after deducting the share of public money apportioned to each, amounting to considerably less than half the amount annually required. In the smallest and poorest localities, where educa- tion was most needed, the contributions from the State fund were the most meagre. 19. On the loth of June, Mr. Robeet Campbell, of Otsego, offered a resolution in the convention inquiring into the pro- priety of a constitutional provision for the establishment of such a system of common schools as would enable every child in the State to secure the benefits of a good education. This resolution, with a memorial on the same subject from the State Convention of countj- superintendents, was referred to the Educa- tional Committee. Common-School, Literature, and Deposit Fnnd.s. — Incorpov.ition of cities .md villajies. — Provision for future amendments. — Efforts for the establishment of free schools. ADOPTION OF THE NEW CONSTITUTION. 209 20. On the 22d of July, Mr. Nicoll, of New York, Chairman of that Committee, reported to the Convention a series of reso- lutions declaring the iuviokbility of the Common-School, Litera- ture, and United States Deposit Funds, and providing for the establishment by the Legislature of a system of free schools for the education of every child between the ages of four and sixteen years, whose parents were residents of the State. 21. On the 8th of October, the day preceding the final ad- journment of the Convention, this provision was adopted as a part of the Constitution, by a close vote of 57 to 53, and with the remainder of the resolution ordered to be engrossed as such. After a temporary recess, on the reassembling of the Convention in the afternoon, the portion of the resolution providing for the establishment of free schools was, on the motion of Mr. Arphaxed LooMis, of Herkimer, stricken out, and the residue of the article only retained. 22. The November elections resulted in the election of John YouxG, of Livingston, the Whig candidate for Governor, by a majority of upwards of eleven thousand votes over Governor "Wright, and the re-election of Addison Gardiner, of Monroe, the Democratic candidate, for Lieutenant-Governor, over Hamil- ton Fish, of New York, by thirteen thousand majority. The majority in favor of the adoption of the new Constitution was about 130,000. 23. On the 24th of December of this year. General Erastus EooT, of Delawai-e, died in the city of Xew York, whither he had gone on a visit. For nearly half a century he had taken an active part in public life, and had occupied at different times many prominent positions in the State and national govern- ments. As a member and presiding officer of both branches of the State Legislature during a long period, as Lieutenant-Gov- ernor of the State, and member of the House of Representatives of the United States, he was distinguished for ability in de- bate, inflexible honesty, and great executive and administrative power. Election of .Tohn Youdg; as Governor .ind AdJison Ganlincr .as Lieu- tenant-Governor. — Adoption of the new Constitution. — Death of Erastus Boot. state Hall at Albany. EIGHTH PERIOD. FROM THE CONSTITUTION OF 18^6 TO THE PRES- ENT TIME. 184 CHAPTER I. ADMlN-ISTRATIOy OF JOHN YoUNG. — MEXICAN WaR. — GeNEKAL PaR- DO>- OF Anti-Rent Prisoners. — Death op Governor Wright. 1. Subsequently to the annexation of Texas as one of the States of the Union, the spoliations committed on the commerce of the United States by j\Ie.\ico, and the refusal or neglect of her government to make adequate compensation for the injuries thereby suffercil by our citizens, together with the display of a militarj' force on the Rio Grande, led to the de- claration of war against that nation. During the past year, active preparations for hostilities had been commenced in every PEACE WITH MEXICO. 271 section of the Union, and an appropriation of the necessary funds made by Congress for its efficient prosecution. The vic- tories of Palo Alto, Eesaca de la Palma, Montercj', and Buena Yista, had been gained by ilajor-Gcnerals Tayloe and John E. AVooL. Major-General Scott was marching upon the capital, with tlie gallant General Worth and his brave compatriots, and New Mexico and California had been conquered by General Kearney and Captain Jonx C. Fremont. 2. President Polk, during the session of Congress of 1846, had requested an additional appropriation of two millions of dollars for the negotiation of a peace between the two nations, based upon the cession by Mexico of California, in discharge of the demands of our government. As a condition of this gi-ant, ilr. David Wilmot, of Pennsylvania, proposed a resolution, that, in the territory so to be purchased, neither slavery nor involun- tary servitude, except as a punishment for crime, should be per- mitted to exist. 3. Early in the session of 1847 this proviso was renewed by Preston King, of St. Lawrence, one of the representatives from New York, fortified by a joint resolution of both Houses of the Legislature of that State, passed by a nearly unanimous vote. An appropriation of three millions of dollars was, however, made by Congi'ess, without the incorporation of this clause, notwith- standing the vote of the New York delegation in the House of Representatives, with one exception, and Senator Dix, in its favor. 4. Governor Young, in his annual message to the Legislature, reviewed the general condition of the State in its various depart- ments, and, among other things, recommended the adoption of early measures to carry into effect the provisions of the new Constitution for the appointment of commissioners to reform, simplify, and abridge the rules and practice, pleadings, forms, and proceedings of the several Courts of Eecord in the State. He also earnestly urged the requisite appropriations for the com- pletion of the Erie Canal enlargement and the construction of the Genesee Yalley and Black Ptiver Canals. 5. Soon afterwards a proclamation was issued by him recapitu- 1"ho ilcxican War. — Brilliant campaigns of Generals Taylor and Scott. — Nc;:;otiations for peace. — The Wilmot Pi'oviso. — Proceedings of the Legislature. 272 EIGHTH PERIOD. lating the origin and progress of the Anti-Kent controversy : and granting a full pardon to the prisoners convicted in Columbia and Delaware Counties, two of whom had been sentenced to death, and their punishment been commuted by the late Gover- nor to imprisonment for life. This proclamation was based chiefly upon the gi'ound that the offences for which the punish- ments were inflicted were political offences ; and the occasion and excitement attending their commission having passed over, public policy no longer demanded a continuance of the penalty. Fifty-four persons, including those capitally convicted, were dis- charged under this proclamation. G. On the 7th of May an act was passed authorizing the es- tablishment of a Free Academy in the city of New York, with the concurrence of a majority of the legal voters in said city, which was at once procured, and the Academy was organized during the ensuing year under the presidency of Dr. Horace Webster. Under the provisions of an act passed during the preceding year, schools for the instruction of Indian children were organized on the Onondaga, Cattaraugus, Alleghany, and St. Regis Reservations. Schools were also authorized to be established in the principal cities and large towns, for the separate instruction of colored children, in which about five thousand of this class of children were gathered, — the resi- due being instructed in the ordinary district schools of the State. On the 7th of June an act was passed providing for the immediate resumption of the public works. 7. In the mean time the strong fortress of San Juan d'Ulloa at Vera Cruz had been captured by the forces under General Scott, and General Worth appointed Military Governor ; the Mexican fortresses of Chihuahua, Cerro Gordo, Jalapa, and Pe- rote, the city of Puebla, the village of Cherubusco, the fortified camps at National Bridge, Contreras, San Antonio, Molino Del Roy, and the castle of Chapultepec, captured ; and on the 14th of September the citj' of Mexico was entered by the American troops, and tlie war soon after terminated by the cession of Cali- Piivdon tn the Anti-Rent convicts. — Gronnds of executive clemency. — New Yorli Free Academy. — Indi.in .iml colored schools. — Resumption of the public works. — Termination of the Mexican War. — Cession of Cali- fornia. DEATH OF SILAS WRIGHT. 273 fomia for the sum of fifteen millions of dollars. The part taken in all these victorious conflicts by the officers and troops of the State of ^vTew York Avas eminently creditable to the bravery and valor of its citizens. 8. On the 2 7th of August, Governor Weight suddenly expired from disease of the heart, at his residence in Canton, St. Law- rence County. Since his retirement from the Executive Depart- ment he had devoted himself to agricultural pursuits, and had just completed an address to be delivered before the State Agri- cultural Society, at Saratoga Springs, in September, which was read on that occasion by his friend, General Dix. The highest honors were paid to his memory by the various municipal au- thorities, and a special message communicated to the Legislature at its September session by Governor Young, followed by reso- lutions of the two Houses expressive of their sorrow for his loss. Similar honors were paid by various State legislatures through- out the Union. 9. Few abler or more gifted statesmen have graced the coun- cils of the State and nation than Silas Wright. His strict and unwavering integrity, his clear comprehension of the various important questions upon which he was from time to time re- quired to pass, his marked simplicity of character and deport- ment, and his superior qualifications as a political leader, made a profound impression upon the public mind, and endeared his memory to the hearts of his countrymen. 10. As a leading member of the State Senate, State Comp- troller, L'nited States Senator, and Governor, he was eminently distinguished for intellectual ability, uncompromising integrity, great suavity of manners, and a persuasive and convincing elo- quence. Although he had repeatedly and firmly declined the nominations to the two highest offices of the national govern- ment, no statesman in the Union, at the period of his death, occupied a more prominent position in the public view, or pos- sessed a larger share of the public confidence. 11. At the November election the Whig party again car- ried the State by a large majority. Lieutenant-Governor Gardi- ner having resigned his position for a scat on the bench of the Death of Silas Wright. — Public honors to his memory — His character. 18 274 EIGHTH PERIOD. Court of Appeals, Hamilton Fish, of New York, was chosen in his place ; Christopher Morgan, of Cayuga, was elected Secretary of State and Superintendent of Common Schools ; Millard Fillmore, of Erie, Comptroller ; and Ambrose L. Jor- dan, of Columbia, Attorney-General. Addison Gardiner of Monroe, Gkeexe C. Bronson of Oneida, Freeborn G. Jewett of Onondaga, and Charles H. Kuggles of Dutchess, were elected judges of the Court of Appeals. 12. On the 13th of November the Legislature, at its special session, passed an act abolishing the office of County Superin- tendent of Common Schools, mainly, it is believed, from the in- judicious selections of many of that class of officers, by the several County Boards of Supervisors, and the obnoxious mode in which its duties were discharged by incompetent officers. The effect of this measure, demanded, as it undoubtedly was, by the popular sentiment, was, nevertheless, highly disastrous to the prosperity of the common-school system. 13. On the first Tuesday of January, 1848, the Legis- lature again assembled, and Governor Young, in his mes- sage, after alluding to the general condition of the State, briefly reviewed the history of the manorial disturbances, and recommended the institution of legal proceedings in behalf of the State, to test the validity of the titles claimed by the land- lords. He also called the attention of the Legislature to the importance of the State system of public instruction. " Com- mon Schools," he observed, "from their universalitj' reaching every neighborhood and shedding their influence upon every family and into every mind, expelling the primary causes of vice and crime, and erecting altars to patriotism and virtue, have justly been considered the peculiar objects of legislative care." 14. The sum of one million of dollars was appropriated for the enlargement of the Erie and the completion of the Gene- see Valley, Black River, and Chemung Extension Canals. Gen- eral acts were also passed, authorizing the formation of railroad, State officers. — Aholition of the office of County Superintendent of Com- mon Schools. — Its effects. — Governor's message. — Manorial titles. — Common schools. — Appropriations for resumption of the public works. — General laws for corporate companies and associations. FREE SCHOOLS. 275 gas, bridge, telegraph, and manufacturing companies, and asso- ciations for charitable, benevolent, missionary, and scientific pur- poses. 15. The late Superintendent of Common Schools, Secretary Bexton, in his annual report, adverted to the extension of the Free-School system, by the establishment, in many of the most important cities and villages of the State of schools, of this de- scription, and urged the importance of its adoption throughout the State, by means of a uniform system of taxation. The operations of the State Normal School had been thus far eminently successful. On the 1st of January, however, of the present year, it sustained a severe loss by the death of its Principal, David P. Page, who had administered its affairs with signal ability and usefulness. He was succeeded by Professor George R. Perkins, of Utica, who had heretofore the charge of its mathematical department. 1 6. At the annual election in November, Lieutenant-Governor Hamiltox Fish, of New York, was elected Governor, and George W. Patterson, of Livingston, Lieutenant-Governor. The presidential election resulted in the choice of General Zachary Taylor, of Louisiana, the hero of the Mexican War, as President, and Millard Fillmore, of New York, as Vice- President, by a majority of thirty-six electoral votes over Lewis Cass of Michigan for the former, and William 0. Butler of Kentucky for the latter office. Martin Van Buren, of New York, was supported for President, and Charles Francis Adams, of Massachusetts, for Vice-President, by the Free-Soil Demo- crats of the Union. Free schools. — State Normal School. — Death of Principal Pace. — Elec- tion of Governor Fish and Lientenant-Govemor Patterson. — Zachary Tay- lor elected President, and Millard Fillmore, Vice-President. — Free-Soil Dominations. 276 EIGHTH PERIOD. CHAPTER II. Admixisteation of Hasiilton Fish. — The Peee-School Cos- troveksy. 1. At the opening of the legislative session of 1849, Gov- ernor Fisii, after adverting to the general condition of the State, called the attention of the Legislature to the liberal bequest of four hundred thousand dollars by John Jacob Astor, of the city of Xew York, for the foundation and perpetual sup- port of a free public library, and recommended the necessary legislation for giving validity to the munificent donation of the testator. He also recommended the endowment by the State of an Agricultural school and a school for instruction in the me- chanic arts ; the improvement and extension of the laws for the protection of emigrants, the restoration of the office of County Superintendent of Common Schools, the establishment of Tribu- nals of Conciliation, and a modification and amelioration of the criminal code. 2. The Legislature, in accordance with the recommendation of the Governor, adopted a concurrent resolution authorizing the appointment of a Board of Commissioners to mature a plan for the establishment of an Agricultural College and Experimental Farm, and submit a detailed report of such plan at the ensuing session. Strong resolutions were also passed declaring the un- alterable determination of the people of the State to resist the extension of slavery over territories now free. 3. The Superintendent of Common Schools (Hon. Cheisto- PHEE Morgan, Secretary of State), in his annual report, strongly urged the adoption by the Legislature of a system of Free Schools, based upon the imperative duty of the State to secure the means of education to every child within its borders, as a preventive of crime and pauperism, an incentive to industry and usefulness, and a proper preparation for the discharge of the various duties to be devolved upon them as futiire citizens. 4. On the 2Gth of ilarch a bill passed both Houses for the Governor's message. — Proceedings of the Legislature. STATE FREE SCHOOL:^ ESTABLISHED. 277 Establishment of Free Schools throughout the State, to be supported by the public funds set apart for that purpose by the Constitution, and by county, town, and school-district taxation, for any sutn required beyond these funds, for the building of suitable school-houses, and the instruction of every child be- tween the ages of five and twcntj--one years for a period of at least four months in each year. This bill was required to be sub- mitted to the electors of the State for their ratification at the ensuing November election. 5. An act was also passed on the 30th of March, appropriat- ing an annual sum of two hundred and fifty dollars to such academies iu the State, designated by the Regents of the Uni- versity, as should instruct at least twenty of their pupils in the science of common-school teaching for a period of four months during the year. Ex-Governor William H. Seward was, in February, elected United States Senator, in place of General John A. Dix, whose term had expired. 6. At the November election, Christopher Morgan, of Cayuga, was re-elected Secretary of State; Washington Hunt, of Niagara, Comptroller; and Samuel Stevens, of Albany, Attor- ney-General. The act for the establishment of free schools throughout the State was approved by a majority of 158,000 votes ; every county in the State, with the exception of Tomp- kins, Chenango, Cortland, and Otsego, giving majorities in its favor. Previous to the official announcement of this result, the Boards of Supervisors in nearly half the counties had adjourned, without making the necessary appropriations for carrying the provisions of the law into elFect, throwing the entire burden of the support of the schools for the ensuing year on the respective school districts. 7. This heavy deficiency of funds, together with the great inequality of taxable property in the several districts, and the burdens thereby imposed upon the wealthy inhabitants, ren- dered the execution of the law exceedingly oppressive, and created a strong revulsion in the popular sentiment, which Act for the establishment of free schools throughout the State. — Teach- ers' Department in Academies. — United States Senator. — State elections. — Approval of the Free-School Bill. — Obstacles to its execution. — Causes of its unpopularity. 278 EIGHTH PERIOD. manifested itself in numei'ous petitions and memorials to the Legislature of 1850 for a repeal or modification of the aot. Some of the courts also held its provisions unconstitutional, by reason of the submission to a popular vote. The Attorney- General, however, dissented from this opinion ; and no decision was finally pronounced on appeal. 8. The utmost efforts were made by the friends of the law to secure its favorable consideration, notwithstanding the un- avoidable obstacles to its immediate operation. The almost entire unanimity with which it was adopted by the Legislature and sanctioned by the popular vote, its intrinsic justice and beneficent results in opening the common schools to every child, without discrimination or restriction, and the paramount importance of the principles involved in its enactment, were ably and eloquently urged in every section of the State. The rural districts were, however, almost unanimously determined to effect its unconditional repeal. 9. At the opening of the session in January, 1850, Governor Fish renewed his recommendations of the pre- ceding year, urged the propriety of establishing a State asylum and school for the instruction and care of idiots, and the passage of suitable laws for the regulation of railroad companies and the comfort and convenience of passengers. In conclusion he re- viewed the progress of the discussions in Congi'ess in reference to the admission of California and the new territories acquired from Mexico, and expressed the unalterable determination of the State to resist, by all legitimate and constitutional means, the introduction of slavery into any of the territories of the United States where it had not already obtained a footing. 10. Several bills were introduced in each House for the repeal or modification of the Free-School Law of the preceding session. Able reports were presented by Mr. Beekman in the Senate and Mr. KiNGSLEY in tlie Assembly ; and Mr. Burroughs, of Orleans, Chairman of the Committee on Colleges, Academies, and Com- mon Schools of the House, introduced a bill providing for the levy of a State tax of % 800,000 annually for the support of the Demand for repeal. — Efforts of its friends. — Governor's message. — State asylum for idiots. — Railroad restrictions. — Slavery in the territories. — Bills for the repeal of the Free-School Law. DEATH OF PRESIDENT TAYLOR. 279 common schools, after applying the revemies of the funds set apart for that purpose. This bill passed the Assembly by a strong vote, but failed in the Senate. An act referring the question of the repeal of the existing law to the people at the Xovember elections was finally adopted by both Houses. 11. During the session an act was passed providing for the establishment of an asylum and school for the care and instruc- tion of idiots, to be located at Syracuse. This institution was accordingly completed and organized under the direction of Dr. Wilbur, and its preliminary operations were crowned with the most gratifying success. 12. On the 9th of July, Zachary Taylor, the President of the United States, died at Washington, and was succeeded by Vice-President Millard Fillmore. Upon the question of the admission of California as a State, the series of measures known as the " Compromise Bill," introduced by Mr. Clay of Ken- tuckj-, were passed in July, admitting that State without re- striction as to slavery, leaving the new territories acquired from Mexico on the same basis, and providing for a more stringent execution of the Fugitive-Slave Law. 13. The friends of free schools, after the most strenuous and persevering, though fruitless, efforts to obtain such amendments or modification of the act of 1849 as might render its provisions generally acceptable, determined, under these circumstances, to oppose its unconditional repeal. A State Convention was held at Syracuse in July, Mr. Morgak, the Superintendent, presid- ing, at which resolutions to this effect were adopted, accom- panied by a pledge to unite in any effort to amend and perfect the details of the existing law. 14. An animated and vigorous canvass ensued throughoiit the State between the opponents of the act, who demanded its unconditional repeal, and the advocates of the principle of universal education through schools free to all, without regard to the details of the existing bill. So obnoxious were these provisions, however, in the rural districts of the State, that at the fall elections forty-two of the fifty-nine counties returned an Death of President Taylor. — Succession of Vice-President Fillmore. — Admission of California. — " Compromise Bill " of Mr. Clay. — Free-school canvass. 280 EIGHTH PERIOD. aggregate majority of nearly forty-nine thousand votes for its repeal, -nhile in the seventeen remaining counties, including the city and coimty of New York, a majority of seventy-two thousand against repeal was given, — leaving a majority of about 25,000 votes in favor of the bill. The majority in New York City alone was 37,827. 15. Washington Hunt, of Niagara, the late Comptroller, was elected Governor by a majority of about two hundred votes over Horatio Seymour of Oneida ; and Sanford E. Church of Orleans, the candidate of the Democratic party, was elected Lieutenant-Governor. CHAPTEE III. Administration of Washington- Hunt. — Modification of the Free-School Law. — Erie Canal Enlargement. — AcRicuLrnRAL College. 1. Governor Hunt, in his annual message to the Legislature of 1851, after adverting to the general condition of the State, invited the attention of the Legislature to the sub- ject of common-school education, regarding the decision of a ma- jority of the electors of the State as conclusive in favor of the principle of free schools, while leaving the details of the system subject to such equitable modification as should render its administration acceptable to all interested in its burdens as well as its benefits. 2. " It cannot be doubted," he observed, " that all property estates, whether large or small, will derive important advantages from the universal education of the people. A well-considered system whicli shall insure to the children of all the blessings of moral and intellectual culture will plant foundations broad and deep for public and private virtue ; and its effects will be seen in the diminution of vice and crime, the more general practice of sobriety, industr}', and integrity, conservative and enlightened legislation, and universal obedience to the laws." Majority against repeal. — Free-school controversy. — Message of the Governor. CAyALS AXD SCHOOLS. 281 3. After stating that sixteen millions of dollars had already been expended upon the canals of the State since the com- mencement of the Erie Canal enlargement in 1835, and dis- cussing various plans for the completion of these great worlis at the earliest practicable period, he recommended such an amend- ment to the Constitution as T\-ould facilitate the accomplishment of this object. He also concurred in the recommendation of his predecessor for the organization of a State Agi'icultural College and Experimental Fai'm. 4. The annual report of Secretary Morgan, as Superintendent of Common Schools, urged upon the Legislature the importance of such an amendment of the existing law establishing Free Schools, as was demanded alilie by justice and expediency, and by an enlightened public sentiment. " The Common Schools of the State," he observed, " should be declared free to every resident of the respective districts of the proper age to par- ticipate in tlieir benefits ; and their support should be made a charge uf)on the whole property, either of the State at large, or of the respective counties and towns in which thcj' are situated." 5. Numerous petitions were forwarded to the Legislature from different sections of the State for the repeal or amendment of the act. On the sixth daj' of February, ]\Ir. Theodore H. Benedict, of "Westchester, Chairman of the Assembly Com- mittee on Colleges, Academies, and Common Schools, presented an elaborate and able report, accompanied by a bill for the estab- lishment of Free Schools, to be supported by an annual tax of eight h\indrcd thousand dollars, in addition to the funds already pi-ovided by the Constitution, and the raising of any balance re- quired for the support of the schools by a poll-tax on the inhabitants of the respective districts. 6. llr. Burroughs, of Orleans, from the minority of the Com- mittee, reported a similar bill, providing for a State tax of the same amount, one fourth of which, together with one fourth of all other moneys applicable to the support of common schools, should be equally divided among the several school districts, the residue apportioned according to the number of children of Erie C'iinal enlargement. — Proposed amendment to Con.stitution. — Apricultural College and Experimental Farm. — Report of the Sn|icrin- tendent of Common Schools. — Propositions for amendment of tlie laws. 282 EIGHTH PERIOD. suitable school age residing in each, and any balance raised by rate-bill on those sending to school, after exempting all indigent inhabitants. In this shape, after substituting one third instead of one fourth for equal distribution among the districts, the bill, on the 12th of April, became a law. 7. On the first Tuesday of February, Ex-Governor Hamilton Fish, of New York, was appointed United States Senator, in place of Lieutenant-Governor Dickinson, whose term had ex- pired. A joint resolution of the Legislature was also adopted, authorizing the Governor to appoint a Special Commissioner for the codification and revision of the school laws of the State, im- der which provision S. S. Rakdall, Deputy-Superintendent of Common Schools, was appointed. 8. At the November elections, Henry S. Randall, of Cort- land, was elected Secretary of State and Superintendent of Common Schools ; John C. Wright, of Schoharie, Comptroller, and John Van Buren, of Albany, Attorney-General, with a Democratic majority in the Legislature. In December the ex-- iled Hungarian patriot, Louis Kossuth, arrived in New York on a visit to the United States, and was received with the greatest enthusiasm in all the principal cities and towns. 9. The message of Governor Hunt, at the opening of the " ' session of 1852, recapitulated the principal recommenda- tions of the preceding year ; stated the entire indebtedness of the State at twenty-two millions of dollars, and the canal reve- nues at $3,700,000, which, after defraying the expenses of re- pairs and maintenance, and contributing upwards of a million and a half dollars to the payment of the principal and interest of the debt contracted for their construction, left a surplus of nearly a million dollars for the completion of the pviblic works. 10. The assessed valuation of the State was estimated at 81,100.000,000. The capital of the Common-School Fund was six and a half millions of dollars, of the revenues of which, nearly a million and a half had been expended dui-ing the preceding year, in the payment of teachers' wages and the purchase of Passacre of the Act. — United States Senator. — Commissioner for revis- ion of school laws. — State officers. — Visit of Kossuth. — Legislature of 1852. — Governor's message. — State debt. — Revenues of the canals. — Valuation of taxable propert)'. — Common schools. SEYMOUR AND CHURCH. 283 school libraries. The number of pupils in attendance upon the several public schools vas seven hundred and twenty-six thou- sand. 11. The Governor reviewed the action of the Legislature and the people of the State, in reference to the effort to secure an entirely free system of common schools, and characterized the enactment of the preceding session as a temporary compromise between the advanced views of the advocates of Free Schools and the fears and prejuaices of a majority of the tax-payers and inhabitants of the rural districts, long accustomed to the exist- ing system, and unwilling to sanction its entire abandonment. The progi'ess of public opinion might be relied upon to diffuse a more liberal view of the relations of the State to its future citizens. 12. At the November elections, Horatio Seymour, of Oneida, was elected Governor, and Saxford E. Church, of Orleans, re- elected Lieutenant-Governor, by a majority of about twelve thousand votes over Governor Hunt and Lieutenant-Governor Patterson ; Franklin Pierce, of New Hampshire, was elected President, and AVilliam R. King, of Alabama, Vice-President of the United States, by a large majority, over Lieutenant-General WiNFiELD Scott and William A. Graham, of North Carolina. CHAPTER IV. First Admutistration op Horatio Seymour. — Agricultitral Col- lege. — Manorial Titles. — Railroads. — Finances of the State. — Internal Improvements. — Public Schools of New York City. 1. The Legislature met on the first Tuesday of Janu- ary, 1853. Governor Seymour, in his message, indorsed the recommendations of his predecessor for the adoption of such a constitutional amendment as might facilitate the early completion of the Erie Canal enlargement and the construction of the Genesee Valley, Black River, and Oswego Canals. He Election of Governor Seymour and Liciitenant-Oovcrnor Church. — Elec- tion of President Franklin Pierce and Vice-President William R. Kinj;. — Legislative proceedings. — Governor's message. — Canal enlargement. 284 EIGHTH PERIOD. also urged the establishment of a State Agricultural and Scien- tific College, for instruction in the practical application of the various branches of science. The suits instituted by the State to test the validity of the several manorial titles having been decided in favor of the landlords, he counselled submission to the laws on the part of the tenants, and such a disposition of their leases as should prove most advantageous to their interests. 2. An act was passed, in accordance with the recommenda- tion of the Governor and his predecessors, granting a charter for the establishment of an Agricultural College, with an experi- mental farm. Sixty-six railroad companies had been organized under the general provision of the Constitution, and suitable laws were enacted for their regulation and the safety and con- venience of travellers. 3. A special session of the Legislature was convened by the Governor, immediately upon its adjournment, for the purpose of considering the embarrassed financial condition of the State, the omission to make the necessary appropriations for the sup- port of the government, and adopting the necessary measures for the progress and completion of the public works. An amendment to the Constitution was proposed for the accom- plishment of this object, and an act passed, which was, however, decided by the Attorney-General to be unconstitutional, for the immediate raising of the requisite funds for this purpose. 4. Immediately upon his inauguration in March, President Pierce appointed Ex-Governor Williaji L. Marct, of New York, Secretary of State, which office he continued to hold during the entire presidential term. On the 1 8th of April, Vice-President KiXG expired at his residence in Alabama, and David R. Atchi- sox, of Missouri, was chosen President of the Senate in his place. 5. On the 4th of June an act was passed revising and amend- ing the school law of the city of New York, by which the several ward schools of that city and the schools of the Public School Society were consolidated, and a Board of Education established for the general management of the sj-stem, consisting of two commissioners from each ward and fifteen from the Public State Apricultural and Scientific CoUefrc. — Manorial titles. — Railroad companies. — Special session of the Lcjrislatnre. — Financial embanass- ments. — Proposed amendment to the Constitution. AD^JIXISTEATION OF HORATIO SEYMOUR. 285 School Society, -with local Boards of Trustees and Inspectors in the several ■Nvards. At this time there were 224 ward and cor- porate schools, including those of the Public School Societj"-, with about one thousand teachers and 123,530 pupils on register, with an average attendance of 43,740, together with twenty-five evening schools, with about four thousand pupils. 6. The Public School Society of that city had been in exist- ence since the year 1805, and from the period of the opening of its first piiblic school in 1809 had, with the aid of a propor- tionate share of the State School Fund, organized and adminis- tered a system of elementary education unsurpassed by any in the country. The time seemed now to have arrived, however, when the necessity for a more extensive system of public in- struction required the dissolution of the society, and the trans- fer of its property to the Boai-d of Education already organized for the accomplishment of the same object, with greater facilities ; and the results have amplj' vindicated the wisdom of their de- termination. 7. At the November elections, Elias W. Leavenworth, of Onondaga, was elected Secretary of State and Superintendent of Common Schools; James M. Cook, of Saratoga, Comptrol- ler; and Ogdex Hoffman, of New York, Attorney-General. The Republicans obtained a majority in both branches of the Legis- lature. 8. Governor Setmoue, in his message to the Legislature of the succeeding year, reviewed the history of the State from its early origin, the character and condition of its inhabi- tants, and its rapid advancement in all the elements of wealth and political gi-eatness. The first steamboat had been launched on its waters, — the first canal, at a cost of $ 7,000,000, traversed its breadth, — the earliest and most efficient system of public education originated with its founders, and its patriotism and loyalty to the Union had never swerved. 9. He renewed his recommendation for the vigorous prosecu- tion of the several unfinished public works of internal improve- ment, and the indorsement of the j)roposcd constitutional Public schools of tlie city of New York. — Consolidation of the system. — St.ite officers. — Governor's message. — Review of the history and condition of the State. 286 EIGHTH PERIOD. amendment ; suggested various improvements and modifications of the criminal code, and recommended the reorganization of the State militia, and the organization of a Department of Pub- lic Instruction separate from that of the office of Secretary of State. 10. An amendment to the State Constitution, proposed by the Legislature of the preceding year, was at this session ratified by the requisite vote of both Houses, and by the people at a special election held on the Uth of February, requiring an appropria- tion of an annual sum, not exceeding § 2,250,000, during the ensuing four years, for the enlargement of the Erie, the Os- wego, Cayuga, and Seneca, and the completion of the Black River and Genesee Valley Canals. An act was accordingly passed for the vigorous prosecution and early completion of these works. 1 1 . During the month of March, a bill was passed creating the office of Supeeixtexdext of Public Instruction, the duties of which had heretofore been devolved on the Secretary of State : and on the 4th of April, Victor M. Rice, of Erie, was elected by joint ballot of the two Houses to fill that position for the ensuing term of three years. By the provisions of the act, the incumbent of the office was also declared ex officio a Regent of the University and chairman of the Executive Com- mittee of the State Normal School. 12. Since the failure of the free-school law of 1849, and the adoption in 1851 of a modified system, retaining the rate-bill feature, special provisions had been enacted by the Legislature for the establishment of free and union schools in all the cities and principal towns and villages of the State. Departments for the special instruction and preparation of teachers had been organized in most of the academies, and annual county insti- tutes authorized for that purpose throughout the State. The State Xormal School at Albany had also been placed on a per- manent basis. Boards of Education, with local superintendents, Prosecuiion of public works. — Rcorffanization of the militia. — Criminal code. — Department of Public Instruction. — Constitutional amendment. — Superintendent of public instruction, — Special lep-i^laiivc provis'tr's for fiee and union schools. — Teachers' departments in academiea. — Xcachurs' institutes. — State Xormal School. CLARK AND RAYMOND. 287 were organized under these pi'ovisions in the chief cities and towns of the State. 13. At the November election, Myron H. Clark, of Ontario, was elected Governor, and Henry J. Kaymond, of New York, Lieutenant-Governor, by a small majority over Governor Sey- mour, the Democratic, and Daniel UUman, the Native-Amei-ican candidates for the former and William H. Ludlow and Gusta- vus A. Scroggs for the latter office, with a Whig majority in both branches of the Legislature. CHAPTEE V. Admikistkatioxs or Mteok H. Clark and John A. King. — Excise Law. — Common Schools. — Controteksy with Virginia. — The Lemmon Case. — County Commissioxeks. — Schools. — State Tax. 1. Governor Clark, in his first message, took strong gi-ound iu favor of an entire free-school system, the res- toration of the office of County Superintendent, the revision of the excise laws, the prohibition of licenses for the sale of intoxi- cating liquors, and the active prosecution of the unfinished pub- lic works. 2. He also invited the attention of the Legislature to the pro- gress of a controversy with the Executive and Legislature of Virginia respecting a claim of Jonathan Lemmon, a citizen of that Commonwealth, for damages for the abduction or loss of eight slaves, brought by him to the city of New York in 1852, on his way to Texas, and who were discharged from his custody by one of the judges of the Supreme Court of New Yorlv, on a writ of luibeas corpus, and had escaped to Canada. Proceedings having been instituted before the Supreme Court of the United States for restitution, the Governor recommended the appoint- ment of special counsel to assist the Attorney-General in the defence. State elections. — Governor's messafre. — Free schools. — County super- vision. — Excise laws. — Prohibitory restriction of the sale of liquor. — Con- troversy with Virginia. — The Lemmon case. 288 EIGHTH PERIOD. 3. The Legislature made the requisite prorision for the em- ployment of counsel ; and the case was subsequently argued and dismissed upon the gi'ound of the right of the persons claimed to freedom on being voluntarily brought within the jurisdiction of a free State. An act was also passed for the suppression of intemperance, pauperism, and crime, prohibiting the gi-anting of licenses for the sale of intoxicating liquors, and restricting the traffic in ardent spirits. William H. Seward was re-elected United States Senator for the ensuing term of six years. An act was passed making cities and counties liable for property destroyed by mobs within their borders, and strong resolutions adopted adverse to the aggressions and further extension of slavery. 4. Tlie Native-American part}' succeeded in carrying the Kovember elections by a triumphant majority. John T. Headly, of Orange, was elected Secretary of State ; Lorenzo Burrows, of Orleans, Comptroller ; and Daniel Ullman, of New York, Attorney-General. 5. On the assembling of the Legislature in the ensu- ing year, Governor Clark informed the Legislature that upwards of three thousand miles of railroads had been con- structed in different sections of the State, at an aggregate cost of 8125,000,000, and recommended the appointment of State Commissioners for their supervision and control. He renewed his recommendation for free schools and academies throughout the several towns of the State, and the entire abolition of rate-bills. G. During the session, acts were passed for the election, in each Assembly district of the State, of a commissioner charged with the local supervision of the public schools, where special provision for that purpose had not been made. A tax of three fourths of one mill upon each dollar of the assessed valuation of real and personal property in the State, for the support of common schools, was substituted for the existing State tax of eight hundred thousand dollars. Froliibitm-y liquor law. — Rc-clcction of William H. Seward as United States Sen.itor. — Destruction of property by mobs. — Resolutions adverse to slavery. — State elections. — Triumph of the Native-American party. — Leeis- latnre of IS.5fi. — Governor's message. — Railroads. — Free schools and acidemias. — State tax for support of schools. — Assembly district commis- sioners. KING AND SELDEN. 289 7. At the annual election in November, John A. King, of Queens, was elected Governor, and Henry R. Selden, of Mon- roe, Lieutenant-Governor, over Amasa J. Parlier, of Delaware, the Democratic, and Erastus Brooks, of New York, tlie Native- Amei-ican candidates, with a Republican majority in both branches of the Legislature. Charles H. Sherrill, of Monroe, was chosen Canal Commissioner. James Buchanan, of Penn- sylvania, was elected President, and John C. Breckenridge, of Kentucky, Vice-President of the United States, over John C. Fremont of California and William L. Dayton of New Jersey. Millard Fillmore, of New York, was supported for President by the Native-American organization. 8. At the meeting of the Legislature in Januarj^, 1857, Governor King in his message estimated the entire cost of the canals of the State, extending over about nine hundred miles, at fifty millions of dollars. The value of the real and personal property in the State was stated at $ 2,208,010,609, — the num- ber of acres of improved land at 13,574,479, with about an equal area unimproved — and the population, according to the census of 1855, at about three and a half millions. 9. He recommended a judicious revision and modifica''ion of the excise law of the previous session, deeming its provisions iinnecessarily stringent and obnoxious to a large portion of the citizens of the State ; the submission of a proposed constitu- tional amendment extending the right of suffrage to colored voters without a property qualification ; the speedy completion of the unfinished public works ; and a strenuous resistance on the part of the Legislature to the further extension of slavery in the territories. 10. On the second Tuesday in February, Preston King, of St. Lawrence, was elected United States Senator in place of Hamilton Fish, whose term of office had expired. Acts were Election of John A. King as Governor and Henry R. ScUIcn as Lientcn- ant-Governor. — Election of President Buchanan and Vice-President Breck- enridge. — Governor's message. — Cost of canals. — Assessed valuation of the State. — Number of acres of improved and unimproved land. — Popu- lation of the State. — Modification of the excise law. — Extension of suf- frage to colored voters. — Slavery in the territories. — United States Sen- ator. 19 290 EIGHTH PERIOD. passed for the suppression of intemperance, and the regulation of the sale of intoxicating liquors, and providing a tax for the speedy completion of the enlarged Erie and other canals. Joint resolutions were adopted, declaring that this State will not allow slavery in her borders in any form or under any pretence, or for any time, however short ; and that the Supreme Court of the United States, in pronouncing the decision in the Dred Scott case, had forfeited the confidence and respect of the State. 11. On the 4th of July of this year, Ex-Governor William L. Marcy expired suddenly, of disease of the heart, while on a visit to Saratoga Springs. Governor Marcy had successively filled with distinguished ability many of the most important offices in the State and national government. As Adjutant- General, Judge of the Supreme Court, Comptroller, Governor, United States Senator, Secretary of War under President Polk and of State under President Pierce, he had exhibited great ad- ministrative talent and marked statesmanship. Appropriate honors were paid throughout the State to his memory. 1 2. At the November election, Gideon J. Tucker, of Albany, was elected Secretary of State, Sanford E. Church, of Orleans, Comptroller, and Lyman Trejiain, Attorney-General, with Dem- ocratic majorities in both branches of the Legislature. 13. Governor King, in his message to the Legislature of 1858, renewed his recommendations of the preceding year ; and after giving a detailed account of the condition of the State in its various departments, concluded by an energetic re- monstrance against the continued aggressions of the slave-power as manifested by its determination to force slavery into the ter- ritories of Kansas and Nebraska at the point of the bayonet. 14. At the November election, Edwin B. Morgan, of New York, was elected Governor, and Robert Campbell, of Steuben, Lieutenant-Governor, bj' a majority of about seventeen thousand votes over Amasa J. Parker of Delaware and William H. Ludlow of New York, the Democratic candidates. Both Houses of the Legislature were strongly Republican. License law. — Tax for speedy completion of the public works. — Death and character of Ex-Crovernor Marcy. — State officers. — Lesislatuvc of 1 S58. — Oovernor's messacre. — State elections. — Election of Governor Mor- gan and Lieutenant-Governor Campbell. Seventh Regiment marching down Broadway. CHAPTEE VI. Administration or Edwin D. Morgan. — People's College at Ha- vana. — Visit of the Pkince of Wales. — The Southern Rebel- lion. — Attitude of New York. — Patriotic Proceedings of the Legislature. — Enlistment of Volunteers. — Public Meetings. 1. The first message of Governor Morgan consisted j^^g substantially in a renewal of the recommendations of his predecessor in reference to the vigorous prosecution of the canal enlargements and extensions, the modification of the ex- cise laws, and the full extension of the right of suffrage to colored voters. His views on national affairs were eminently patriotic and conservative in their tendency. While desirous of fulfilling, in their letter and spirit, all the obligations of the Constitution, the citizens of New York could never consent to the further extension of slavery. Governor's message. — Modification of the excise laws. — Colored suffrage. 292 EIGHTH PERIOD. 2. In reviewing the events of the past few years, — the repeal of the Missouri Compromise Act, the flagitious attempts to in- troduce slavery into the teiTitories acquired by the Mexican War, the rigid enforcement of the Fugitive Slave Law, aud the systematic aggressions of the slave-power, — it was apparent that the forbearance of the free States had been taxed to their utmost endurance, and that a spirit of conciliation, and the prevalence of more moderate counsels, were absolutely necessary to the con- tinued integrity and harmony of the Union. 3. The recent invasion of Virginia by John Brown and his associates, its prompt suppression, and the condign punishment of its authors, were reviewed, and regarded as undoubted evi- dence that no designs were entertained on the part of the North to interfere with the institutions of the South, or to sanction in any way any infringement of its territory, or any attempt, by violence or otherwise, to disturb its government. 4. At the November election, David E. Floyd Jones, of Suffolk, was elected Secretary of State ; Robert Denniston, of Orange, Comptroller ; and Charles G. Myers, of St. Lawrence, Attorney-General. The proposed constitutional amendment in reference to colored suifrage was rejected by a large majority. 5. On the reassembling of the Legislature, Governor Morgan again invited the attention of the Legislature to the necessity of a speed}- completion of the public works for the advancement and extension of the commerce of the State, and suggested various modifications of the civil and criminal code. He renewed the recommendation of his predecessor for the es- tablishment of an Agricultural and Scientific College. 6. Acts were passed, during the session, changing the mode of inflicting capital punishment, providing for the extension of the rights of married women and enabling them to hold and convey real and personal estate, and amending and modifying the in- solvent laws. Provision was made for the energetic prosecution of the public works and for the endowment of the People's Col- lege at Havana. During the summer and autunui of this year, National affairs. — John Brown's invasion of Virginia. — State officers. — Rejection of colored-suffrage amendment. — Governor's message. — Capi- t il punishment. — Rights of m.nrried womea. ABRAHAM LINCOLN ELECTED PRESIDENT. 293 the Prince of Wales, Albert Edward, visited the State under the title of Barou Renfrew, in company with the Duke of New- castle and several members of the British Government, and met with a cordial and enthusiastic rccejDtion from the Legislature and municipal bodies. 7. The contest for the Presidency during the summer and fall of this year was one of unusual interest and excitement. The struggle on the part of the Southern States for the extension of slavery into the territories recently acquired and organized, and for the definitive settlement of their claims to an equal partici- pation in these territories with the citizens of the Northern por- tions of the Union, w^as waged with a desperate and unyielding pertinacity, and met with an equally determined resistance on the part of their opponents. 8. The Republican party, representing the views of all those who desired to restrict slavery to its present limits imder the compromises of the Constitution, and to resist its farther exten- sion upon any pretext, placed in nomination, as their candidate for President, ABR.\iiAM Lincoln, of Illinois, with Hannibal Ham- lin, of Maine, as Vice-President. The candidates of tlie South were John C. Breckinridge, of Kentucky, for President, and General Joseph Lane, of Oregon, for Vice-President ; while the Democracy of the Northern, Middle, and Western States sup- ported Stephen A. Douglas, of Illinois, for the first, and Her- scHEL V. Johnson, of Georgia, for the second office. Lincoln and Hamlin were elected by a majority of fifty-seven electoral votes over all the candidates in opposition. Governor Morgan and Lieutenant-Governor Campbell were re-elected by an im- mense majority, and Samuel H. Barnes, of Chenango, elected Canal Commissioner. 9. During the whole of the administration of President Pierce, and the early portion of that of his successor, Presi- dent Buchanan, a vigorous effort had been made on the part of the Southern States to introduce slavery into the new territories of Kansas and Nebraska. After a prolonged and bloody strug- Viiit of the Prince of Wales. — Presidential anil State election. — Abra- ham Lincoln elected President and Hannibal Hamlin Vice-Proiilent. — Ko-clection of Governor Morgan and Lieutenant-Governor Campbell. — The Kansas and Xebraska struggle. 294 EIGHTH PERIOD. gle between the settlers and parties from Missouri on the bor- ders of the territories, the attempt was finally abandoned, and the election of President Lincoln accepted by the South as a distinct intimation of the future policy of the government ad- verse to the extension of the institution be3'ond its existing limits, and a secession from the Union resolved upon as the only remaining alternative. 10. At the ensuing session of Congress, several futile efforts were made on the part of Southern Senators and Representa- tives, and those who had hitherto politically acted in conjunc- tion with them, to effect some compromise by which slavery should be recognized and tolerated in territories lying south of the Missouri line. The failure of all these propositions deter- mined the course of the Southern States, and, on the 20th of December, South Carolina formally seceded from the Union, and was speedily followed by Alabama, Arkansas, Florida, Missis- sippi, Georgia, Louisiana, and Texas. A provisional govern- ment of the Confederate States was organized at Montgomery, Alabama, on the 4th of February, 1861, arid Jefferson Davis, of Mississippi, elected President, and Alexander H. Stephens, of Georgia, Vice-President. 11. The Legislature of New York assembled on the 2d of January. Governor Morgan's message was tem- perate and conciliatory, recommending a just and honorable settlement of the great national questions at issue, and the repeal, by the State, of all laws coming in conflict w^ith the requisitions of previous congressional legislation on the subject of slavery. These moderate views were soon, however, dis- covered to be not in accordance with the prevailing temper and spirit of the Legislature. 12. On the 11th of January, joint resolutions were, with almost entire unanimity, adopted by both Houses, declaring that the insurgent State of South Carolina, after seizing the public of&ces and fortifications of the Federal Government, had, by firing upon a government vessel sent to the relief of Fort Attempts at compromise. — Secession of tlio Southern States. — Orp:ani- 7ation of the Southern Confederacy. — Proceedings of the Legislature. — Joint resolutions for the preservation of the Union. PATRIOTIC ACTION OF THE STATE. 295 Sumter, virtually declared war against the United States, and announcing their determination to sustain the war for the preservation of the Union ; tendering at the same time to the President whatever aid in men and money might be required to enable him to enforce the laws and uphold the authority of the Federal Government. These resolutions were directed to be transmitted by the Governor to the President, and the executives of each of the States in the Union. 13. Xotwithstanding the bold and patriotic stand thus as- sumed by the Legislature, numerous public meetings of mer- chants ar,d others were held in the large cities and towns of the State, and memorials forwarded to Congress expressive of a strong desire for a conciliatory adjustment, by that body, of the questions at issue. On the 24:th of January the Governor transmitted to both Houses resolutions of the Virginia Legis- lature, I'ecommending the assembling of a convention of dele- gates from the several States at Washington, on the 4th of February, with the view of effecting a satisfactory basis of com- promise between the conflicting parties. 14. On the recommendation of the Governor, the Legislature, on the 1st of February, after full discussion, appointed David Dudley Field, William Curtis Noyes, James S. Wadsworth, James C. Smith, Amaziah B. James, Erastus Coming, Francis Granger, Greene C. Bronson, William E. Dodge, John A. King, and John E. Wool as such Commissioners. The "Peace Con- gress," as it was termed, accordingly assembled at Washington, with Ex-President John Tyler in the chair, and on the 1st of March agreed to a plan of compromise, based upon such an amendment of the National Constitution as should permit the existence of slavery south of the parallel of 36° 30' north latitude, while prohibiting it north of that line. Nine States voted in ftivor of this ^proposition, and eight against it, — the delegation from New York being equally divided in consequence of the absence of one of their number. 15. On the 3d of February, Ira Harris, of Albany, w^as elected United States Senator, in place of William H. Seward, who had been invited by President Lixcoln to occupy a seat Efforts at compromise. — Proceedings of the Peace Congress. — United States Senator. 296 EIGHTH PERIOD. in his cabinet as Secretary of State. A monster petition from the merchants and others of New York, with forty thousand signatures, was forwarded to Congress, accompanied by a delega- tion from the Chamber of Commerce of the city of New Yorlt, urging a peaceful settlement of the national diiEculties. 16. The bombardment and reduction of Fort Sumter, on the 12tli and 13th of April, by the military authorities of the Confederacj-, put an end to all further negotiations for adjust- ment of the controversy, which had now culminated in open re- bellion and civil war. On the 15th of April, President Lincoln issued his proclamation calling for a military force of seventy- five thousand men, of which the quota of New York w^as thirteen thousand, or thirteen regiments, for the suppression of the insurrection. The Legislature promptly authorized the enrolment, by the Governor, of thirty thousand men, and ap- propriated the sum of three millions of dollars for the necessary expenses. 17. Governor Morgan immediately issued his proclamation for the rendezvous of the State troops at Elmira and New York City ; and on the 16th of April orders were forwarded to the regiments in that city to proceed immediately to Washington. On the 24th an agent of the State was despatched to Europe, with a letter of credit for five hundred thousand dollars, for the purchase of arms. Within the ensuing month thirty thousand men were raised, and by the 12th of July were organized into thirty-eight regiments, properly officered, and furnished with all the necessary arms and equipments for the field. John A. Dix and James S. Wadsworth were commissioned as major- generals. 18. On the 19th of April the Seventh Regiment of New York, with the Eighth Massachusetts Regiment, left the city for Washington, amid the enthusiastic cheers of a vast crowd of citizens congregated to witness their departure. An immense public meeting, without distinction of party, was held at Union Square on the succeeding day, presided over by Major-General Secretary of State. — Petition of merchants for compromise. — Fall of Fort Sumter. — Proclamation of the Pre.5i(lent. — Response of New Yorlc. — Thirty thousand troops in the field. — Major-generals. — Raising and march of troops. BATTLE OF BULL liU^\ 2 '.7 Dix, and the most unbounded enthusiasm prevailed. On Sun- day, the 21st, the Sixth, Twelfth, and Seventy-First city regi- ments, comprising three thousand men, departed for Washing- ton, accompanied to the wharves by almost the entire population of the city ; followed, on the 23d, by the Eighth, Thirteenth, and Sixty-Ninth regiments. 19. Before the 1st of July the banking and other institu- tions and capitalists of the city of New York had advanced to the government upwards of five and a half millions of dollars for the suppoi't of the troops, and individuals had contributed another million. One hundred and twelve regiments, with one hundred and twenty thousand men, had been raised in the State, of which New York City contributed forty-seven thousand. During the year the State had been enabled, through the patri- otic liberality of its wealthy citizens and numerous moneyed in- stitutions, to advance to the United States Government a loan of upwards of two hundred millions of dollars, one hundred and fifty millions of which was contributed by the bankers, capi- talists, and citizens of New York Citj'. 20. In the mean time the Confederacy had been augmented by the accession of the States of North and South Cai-olina, Virginia, and Tennessee ; its capital removed to Richmond, Vir- ginia ; its government completely organized ; its Constitution adopted, and its Congress in session. The preliminarj- battle of the campaign, at Bull Run, near Fairfax, Virginia, had resulted most disastrously to the national forces ; but the depression consequent upon this unexpected defeat was speedily surmount- ed, a new levy of twenty-five thousand troops for three years ordered by Governor Morgan, and volunteers flocked in thou- sands to the camp of General McClellan at Washington. 21. In the vigorous prosecution of the war, no division of sentiment at this period existed. All parties united in the most determined eftbrts to crush a wanton and causeless rebellion ; and all previous political differences were forgotten in the patri- otic duties of the hour. The November elections passed over without excitement. Horatio Ballard, of Cortland, was elected City of Xew York. — General enthusiasm. — Advance of funds. — Pa- triotism of the people. — Progress of the Confederacy. — Removal of the capital to Richmond. — Battle of Bull Run. — New levy of troops. 298 EIGHTH PERIOD. Secretary of State ; Lucius Robinson, of Chemung, Comptrol- ler ; Daniel S. Dickinson, of Broome, Attorney-General ; Wii^ LIA5I B. Lewis, of Kings, Treasurer ; William B. Taylor, of Oneida, State Engineer and Surveyor ; William B. Wright, of Sullivan, Judge of the Court of Appeals ; and Franklin A. Albeeger, of Erie, and Benjamin F. Bruce, of Madison, Canal Commissioners. CHAPTER VII. Admixistbation or Governor Morgan (continued). — Progress and Terminatios of the Eebellion. — Re-election and Administra- tion of Governor Sey3iour. — Completion of the Enlarged Erie Canal. — Draft Riots in New York. — Conspiracy to born THE City. — Election of Governor Fenton. — Assassination op President Lincoln. 1. The Legislature again assembled on the first Tuesday in Januarj', 1862. Governor Morgan, after a general exposi- tion of the condition of the State, recapitulated the events of the preceding year, and congratulated the Legislature on the spirited and patriotic response of the State to the call of the government for the defence and preservation of the Union. He pledged his own continued exertions and those of his fellow- citizens in the prosecution of the war, and the devotion of the lives, fortunes, and sacred honor of their constituents to the common cause. 2. During this year the State continued its gigantic exertions in support of the war for the suppression of the rebellion. Under the successive calls of the President for six hundred thousand men, one hundred and twenty regiments were sent into the field, and upwards of three and a half millions of dol- lars were paid for bounties to volunteers, carrying the State war expenditure, including town and county subscriptions, to twenty millions of dollars. 3. The entire number of regiments sent to the field during the preceding year was one hundred and fifteen, with 120,578 State officers. — Governor's message. — Prosecution of the war. — Con- tinued support of the government. — Raising of additional troops and money. GOVERNOR SEYMOUR'S MESSAGE. 299 men, increased during the present year by recruits for the regu- lar army, volunteers, and enUstments for regiments of other States, to a grand total of two hundred and twenty-five thousand men. The losses of these regiments at the battle of Bull Run, and in other skirmishes during the year, amounted to about twenty thousand, killed, wounded, and prisoners. The entire force in the field was scattered over nine States in forty-three different brigades, and under the command of twelve generals of division, and bore an active part in every engagement with the rebels. 4. At the opening of navigation in this year, the enlarged canal was completed throughout its whole extent. The total cost of this great work, including the interest on loans made for its construction, amounted to nearly fifty millions of dollars. The foreign exports from the State amounted to $ 111,000,000, and its imports to $ 191,500,000. 5. At the fall election, Horatio Seymour, of Oneida, the Democratic candidate, was re-elected Governor, and David R. Floyd Joxes, of Suffolk, Lieutenant-Governor, by a majority of about ten thousand votes over Major-General James S. Wads- worth, and Lyman Tremain, the Republican candidates. G. Governor Seymour, in his message to the Legisla- ture of 1863, dwelt at great length upon the violation, by Congress and the government, of the rights of the States and the security of persons and property ; traced the origin of the war to a pervading disregard of the obligations of the laws and of the Constitution, a disrespect for constituted authority, and local and sectional prejudices. A spirit of insubordination, he observed, had sapped the foundations of municipal, State, and national authority. 7. The war, in his judgment, might and should have been averted ; but when its floodgates were opened, the administra- tion was inadequate to grasp its dimensions or to control its sweep. The government was borne along with the current, and struggled as it best could with the resistless tide. Extravagance Do O and corruption pervaded all its departments, followed by arbi- trary arrests in violation of the Constitution and the laws, dis- Corapletion of the Erie Canal enlargement. — Exports and imports. — State election. — Message of Governor Seymour. 300 EIGHTH PERIOD. regard of the rights and authority of the State, suppression of public journals, proclamation of martial law, and the at- tempted emancipation of the slaves. 8. The Union must bo restored in its integrity as it existed before the war. The situation as it stood must be accepted ; our armies in the field must be supported, and all the constitu- tional requirements of the government promptly responded to. Under no circvimstances could a division of the Union be con- ceded. Every policy of conciliation should be exhausted, every inducement to peace offered, every right of the South guaranteed, biit the nation must remain one and indivisible. Ex-Governor Edwin D. ^Iorgas, early in February, was elected United States Senator in place of Preston King, whose term of office had expired. 9. The aspect of the national conflict with the forces of the rebellion, at the commencement of the month of July of this year, was gloomy and discouraging in the extreme. The Army of the Potomac, under the command successively of Burnside and Hooker, after repeated and disastrous defeats at Fredericks- burg and Chancellorsville, had been compelled to fall back to the north to cover Baltimore and Washington, upon which the troops of General Lee were marching ; Grant was held at bay before Vicksburg, and Banks at Port Hudson ; Rosecrans inactive in Tennessee ; and Hooker, on the eve of a general and decisive engagement in the heart of Pennsylvania, displaced by Meade. 10. At this momentous crisis, when the salvation and future destiny of the nation hung upon the triumph of our arms, and another defeat would have been irretrievable ruin, the voice of faction was heard over our land from many of its most trusted public men, proclaiming the inevitable failure of the war for the suppression of the rebellion, casting reproach upon the President and his counsellors, depreciating the characters and conduct of the commanders in the field, denouncing the civil and military authorities for their efforts to sustain and defend the country, and exciting the reckless population of our large cities and towns to open resistance to the execution of the laws of Congress and the orders of the President providing for additional recruits to our depleted army. Condition of public alTairs. — National reverses. — Factious proceedings. DRAFT RIOTS IN THE CITY. 301 11. On the 4th of July, the day succeeding the great -victory of our arms at Gettysburg, and before intelligence of the result Tvas known. Governor Seymour, in an address delivered before a large audience at the Academy of Music in the city of New York, spoke in most desponding terms of the condition of pub- lic affairs, commenting freely upon the folly of persisting in a fratricidal war, entered upon without necessity, and whiuli might easily have been avoided, and solemnlj"^ warning its sup- porters of the peril and wickedness of pursuing a course which might bring the evil of civil war into our own homes. 12. On the 13th of July, pending the draft in the city, or- dered by the President under the Enrolment Act of Congress, a tremendous and formidable riot w-as commenced at the opening of the drawing at the corner of Third Avenue and Forty-Sixth Street, which convulsed and devastated the city for tliree days and nights without intermission. The military authorities were driven from their station, and compelled to close their books ; the police were overpowered or held at bay ; dwellings, stores, the Colored-Orphan Asylum, and several other public buildings, were burnt and plundered ; numerous brutal and barbarous mur- ders were committed ; and it was only by the final interposition of a body of United States troops, under the command of Major- Gencrals Caxby and Dix and General Haevey Brown, that the riot was, on the fourth day, finally suppressed. 13. On the second day of its continuance, and while it was in full activity, Governor Seymour reached the city, and after issu- ing his proclamation declaring the city in a state of insurrection, and commanding the restoration of order, immediately repaired to the City Hall, where he addressed an immense crowd of the rioters, informing them that he had sent the Adjutant-General to Washington to confer with the authorities there for the sus- pension of the draft, requiring them to cease their outrages upon persons and property, and quietly to disperse, awaiting the re- sults of his interference in their behalf, upon which they might confidently rely. This appeal, however, was utterly unheeded ; and the Governor found himself compelled to invoke the inter- ference of the military authorities. Governor Seymour's Fourth-of-July address. — The draft riots in New York City. — Continuance of the riots. — Interposition of Governor Seymour. 302 EIGHTH PERIOD. 14. The amount of property destroyed by the rioters on this occasion, for which the city was subsequently held responsible to the owners, was valued at about two million dollars, and not far from a thousand lives were estimated to have been lost. Its fury was not confined to the city, but extended into the suburbs on every side, and to the principal towns and cities on the Hud- son. Through the energetic action of the Recorder, John T. Hoffman, the chief leaders in the riots were promptly tried, convicted, and sentenced in accordance with law. 15. President Lincoln having declined to suspend the draft, on the application of Governor Seymoue, Major-General Dix, on the 30th of July, addressed a communication to the latter, re- questing his aid, as commander-in-chief of the militia of the State of New York, in the enforcement of that measure. This having been declined, forty-four regiments and batteries of ar- tillery were placed by the United States Government at the dis- posal of General Dix for that purpose ; and a proclamation was, on the 18th of August, issued by Governor Seymour, prohibiting all riotous demonstrations on the part of those opposed to the draft, and denouncing the severest penalties against all persons concerned in such unlawful proceedings. The draft was accord- ingly resumed and completed without further resistance. 16. The number of volunteers obtained under State author- ity during the year was twenty-five thousand, and upwards of thirty thousand additional recruits were enlisted and drafted under the authority of the United States Government. The whole number of troops raised in the State up to the end of the j-ear was two hundred and ninety-three thousand, of which number two hundred and thirty thousand were enlistments for the period of three years. 17. On the same day with the termination of the great bat- tle of Gettysburg, Vicksburg was surrendered to General Grant. Port Hudson was soon afterwards evacuated ; and the splendid victories of Chattanooga, Chickamauga, and Lookout Mountain, achieved during the autumn by Grant, Sherman, Hooker, and Amount of property destroyed and lives lost. — Renewal and enforcement of the draft. — Enlistments and volunteers. — Number of New York troops in the field. — Surrender of Vicksburg and Port Hudson. — Battles of Chat- tanooga, Chickamauga, and Lookout Mountain. GOVERNOR SEYMOUR'S MESSAGE. 303 their gallant associates, diiFused a universal feeling of joy throughout the country. 18. At the annual election in Novemher, Chauncey M. De- pew, of Westchester, was elected Secretary of State, Lucius Robinson, Comptroller, and John Cochrane, of New York, At- torney-General, by majorities averaging about thirty thousand, together with large Republican majorities in both branches of the Legislature. 19. The Legislature reassembled on the first Tuesday in January of the succeeding year. Governor Seymour, in his annual message, estimated the aggregate revenue of the State canals for the past three years at $17,722,284, leaving a balance of about fourteen and a half millions of dollars, after defraying all expenses of superintendence and repairs. He re- ported the agricultural and educational interests of the State as in a floui'ishing condition, notwithstanding the burdens im- posed by the war. 20. The President and Congress, he observed, had, by the continued exercise of arbitrary power, supported by the army and navy, and acquiesced in by the people, effected a complete revolution in the government. National bankruptcy and ruin were imminent. The government in its persistent attempts to subjugate the South, in violation of its solemn pledges at the commencement of the war, had failed in the attainment of its ends ; and it remained for a wiser statesmanship to restore peace on a constitutional and conciliatory basis. 21. A State tax of five and a quarter mills on each dollar of the assessed valuation of real and personal property was im- posed by the Legislature during its session, three fourths of a mill to be applied to the support of common schools, one and a quarter for general purposes, about two for bounties, and the residue for canal expenditures and works of internal improve- ment. 22. On the 22d of April the Governor communicated a mes- sage to the Legislature, disapproving in strong terms of the joint resolution adopted by the two Houses providing that no distinction should be made in the currency in which tlie domes- Governor's message. — Revenue of the canals. — National affairs. — S tate tax. 304 EIGHTH PERIOD. tic and foreign holders of State stocks should be paid ; insist- ing that, whatever arrangements might be made for the payment of the former, the faith of the State was irrevocably pledged to redeem its obligations to the latter in specie. These views of the Governor were assented to by the financial authorities of the State, and carried into effect. 23. Dm-ing the year, 161,604 men were sent into the field by the State authorities, under calls of the President ; making, in all, an aggregate of 437,700 contributed by the State since the commencement of the war. Apprehensions having been enter- tained of a recurrence of riotous proceedings. in the city of New York at the annual November election, Major-General Butler was ordered to the city, and a militai-y force of about seven thousand men placed at his disposal for the preservation of public order. 24. President Lixcolx was re-elected by an overwhelming majority of the popular and electoral vote over Major-General George B. McClellan the Democratic candidate ; and Andrew JoiixsoN, of Tenuessee, elected Vice-President by a similar vote over George H. Pexdletox, of Ohio. Reubex E. Fenton, of Chautauque, was elected Governor, and Thomas G. Alvord, of Onondaga, Lieutenant-Governor, by a majority of about ten thousand votes over Governor Seymour and Lieutenant-Governor Jones. Both branches of the Legislature were strongly Repub- lican. 2.5. On the night of the 25th of November, a daring attempt was made by incendiaries to set fire to the principal hotels and public buildings of the city of New York. Robert Kennedy, one of the culprits, was aiTested, tried, and convicted by a court-martial convened by Major-General Dix, and subsequently executed, after making a full confession of the conspiracy, on the part of a number of confederates, to destroy the city. 2G. During the year a snccession of brilliant victories were acliicved, under the command of Lieutenant-General Grant, on his march from the Potomac to the Confederate capital ; At- P.iyment of foreign creditovs. — Increase of enlistments. — Pre.sidential clectioTi. — Ee-clection of President Lincoln, and election of Governor Fen- ton. — Conspiracy to burn the city of New York. — Execution of Robert Kennedy. — Events of 1863-64. — Succession of brilliant victories. CLOSE OF THE GREAT REBELLION. 305 lanta M-as captured by the iiTepressible Sherman ; Tennessee was freed from invasion ; and Sherman, co-operating with Gra>'t, commenced his famous march to the sea, terminating in the capture of Cohunbia and Charleston. 2 7. Governor Fentox, in his annual message in January, 18C5, congi-atulated the Legislature on the prosperous con- dition of the State in all its departments, and on the brilliant prospects of a victorious termination of the war through the patriotic energy of the government and the signal ability of our commanders in the field. He transmitted the amendment to the National Constitution proposed by Congress for the abolition of slavery, with an earnest recommendation for its prompt adop- tion. 28. The spring opened with the defeat of the Confederate Army at Petersburg, Virginia, early in April, followed by the evacuation of Richmond, the dissolution of the Confederate government, the surrender of Lee at Appomattox Court-House on the 9th, that of Johnston at Raleigh on the 14th, the dis- persion of the rebel array, and the flight and capture of the rebel President and his associates. 29. In the midst of the universal rejoicings over these great events, the nation was astounded by the intelligence of the Assassination of President Lincoln hj John Wilkes Booth, at Ford's Theatre in Washington, on the evening of the 14th of April. A heavy pall of mourning settled over the entire Union ; and while a fearful and speedy vengeance overtook the guilty perpetrators of this gi-eat crime, and a nation was following its mart3Ted chief to his last resting-place, a new administration was inaugurated by the succession of Vice-President Andrew Johnson to the vacant presidential chair. 30. At the fall election, Major-General Francis C. Barlow, of Xew York, was elected Secretary of State, Thomas Hill- house, of Ontario, Comptroller, and John H. Martindale, of Monroe, Attorney-General, with Republican majorities in both branches of the Legislature. Governor Fenton's message. — Defeat of the Confederate Army at Peters- burg. — Surrender of Generals Lee and Johnston. — Termination of the war. — Capture of Jefferson Davis. — Assassination of President Lincoln. — Succession of President Johnson. — State officers. 20 306 EIGRTH PERIOD. CHAPTEE VIII. Administration op Governor Fenton. — Visit of President John- son AND Cabinet, General Grant, and Admiral Farragut. — Adoption of the Fourteenth Amendment to the United States Constitution. — Condition and Finances of the State. — Con- stitutional Convention. — Free Schools. — Normal Schools. — Cornell University. — Election of Governor Hoffman. — Fifteenth Amendment. 1. At the assembling of the Legislature of 1866, Governor 1866 ^^^"''°'^' ^ft^i' recapitulating the great events of the preced- ing year and tendering his congratulations on the termi- nation of the war, submitted a general exhibit of the condition of the State, and recommended various measures of internal improvement to the consideration of the Legislature. He paid a high tribute to the exertions, during the war, of the Trustees and managers of the Soldiers' Depot in the city of New York, the members of the Sanitary Commission, Union League, and Ladies' Soldiers' Relief Association, and concluded by a few per- tinent remarks on the reconstruction of the Union. 2. The proceedings of the Legislature were not marked by any incidents of general interest or importance. 3. During the session, President Johnson, with Secretary Sewakd and other members of the Cabinet, General Grant, and Admiral Farkagut, visited the capital and city of New York, on their way to the dedication of a monument to the memory of the late Senator Douglas, of Illinois. Their reception by the State and municipal authorities was characterized by the usual formalities and honors. 4. At the November election. Governor Fenton was re-elected Governor, and Stewart L. Woodford, of New York City, Lieu- tenant-Governor, by a majority of about fourteen thousand over John T. Hoffman of New York and Robert H. Pruyn of Albany. A majority of Republican members were elected to both branches of the Legislature. 5. Governor Fenton, in his message in January, 1867, called the attention of the Legislature to the necessity Governor's meissage. — Re-election of Governor Fenton, and election of Stewart L. Woodford as Lieutenant-Governor. — Governor's message. CANALS AND SCHOOLS. 307 of providing additional canal facilities by the construction of an enlarged tier of locks on the line of the Oswego and Erie Canals, from tide-water to the Lakes, admitting the passage of steam- vessels of from five to six hundred tons' burden. This proposi- tion was favorably received by the Legislature, and the neces- sary steps were taken for its adoption. 6. The Governor also recommended the adoption of the pro- posed Fourteenth Amendment to the National Constitution, providing for the reconstruction of the government of the States recently in rebellion, the abolition of slavery, and equality of rights to every citizen of the Republic. The surplus canal receipts up to the present time were stated at upwards of twenty millions of dollars, applicable chiefly to the payment of the canal debt, the reduction of which was steadily progressing. There were, in the State, 24,527 manufacturing establishments, with an aggregate capital of $ 227,674,187, and a productive return of $463,603,877. A bill providing for the call of a Convention for the amendment of the State Constitution was passed, providing for an election of delegates in April and the assembling of the Convention early in the succeeding June. On the first Tuesday in February, RoscoE Conkling, of Oneida, was appointed United States Senator in place of Ira Harris, whose term had expired. 7. During the session of the Legislature of this year, an act was passed on the recommendation, and chiefly through the exertions, of the Superintendent of Public Instruction, Mr. Rice, increasing the State tax for the support of common schools from three quarters of a mill to one miU and a quarter on each dollar of the valuation of real and personal estate, and declaring all the common schools of the State, including the vai'ious academical departments devoted to the instruction and preparation of teachers, and the State Normal Schools, frke to all pupils availing themselves of their benefits. 8. Additional Normal Schools were now authorized to be es- tablished in Fredonia, Chautauque County; Geneseo, Livingston County ; Brockport, Monroe County ; Cortlandville, Cortland County ; Potsdam, St. Lawrence County ; and Buffiilo, Erie Enlarged locks on the Erie and Oswego Canals. — United States Senator. — Free and Xonnal Schools throughout the State. 308 EIGHTH PERIOD. County ; in addition to the State Normal School at the capital, and the Primary Normal and Training School at Oswego, which had been organized in 18G3. 9. On the 4th of June the Constitutional Convention as- sembled at the Capitol in Albany, and organized by the election of William A. "Wheeler, of Franklin, as President, and Luther Caldwell, of Chemung, as Secretary. The usual committees having been appointed for the preparation of business, the Con- vention addressed itself to the performance of the duties de- volving upon it. 10. The reorganization of the Judiciary occupied a large share of its deliberations, and elicited much able discussion. The regulation of the franchise, the powers and duties of the Executive and the Legislature, and various other proposed modifications of the Constitution, were considered; and the session was prolonged to the termination of the year. 11. In July and August the Anti-Rent disturbances again broke out in Albany County, rendering it necessary to call out a strong military force for their repression. By this prompt action of the executive authorities all further opposition to the collec- tion of rents from the refractory manorial tenants was suppressed, and the principal offenders were arrested and committed for trial. 12. At the November election. Homer A. Nelson, of Dutch- ess, was elected Secretary of State ; William F. Allen, of Oswego, Comptroller ; and Marshall B. Champlain, of Alle- gany, Attorney-General. A majority of the members elected to the Assembly were Democrats, while the Senate remained Piepublican. 13. The Legislature reassembled on the first Tuesday in January, 1868. William Hitchman, of New York, was elected Speaker. Governor Fbnton informed the Legis- lature that the debt of the State, deducting the balance of the sinking fund for the discharge of the canal debt, was S 44,114, .592. The aggregate valuation of its real and personal estate was stated at $ 4,500,000,000, that of real estate alone being estimated at upwards of nine hundred millions. Of the Conftitutioiial Convention. — Renewal of Anti-Rent distnrlmnces. — State ofKcers. — Governor's message. — State debt. — Valuation of real and per- sonal estate. THE CONSTITUTIONAL CONVENTION. 309 entire area of the State, consisting of 28,297,142 acres, sixteen million of acres were under cultivation. 14. The amount of public funds applicable to common-school education was about one and a half millions of dollars, to which ^i■ere added, from local taxation and other sources, about seven and a half millions, making an aggregate of about nine millions of dollars. Aliout five millions of dollars were annually paid for teachers' wages ; nearly two millions for the purchase of sites and the building of school-houses ; twenty-five thousand for school libraries ; and upwards of two hundred thousand for apparatus, text-books, and supplies for the various schools. Early in February, A beam B. Weaver, of Oneida, was elected Superintendent of Public Instruction in place of Victor M. Rice. 15. The Constitutional Convention reconvened early in Janu- ary at the City Hall in Albany, which had been placed at its disposal during the session of the Legislature, and resumed its discussions and deliberations. Various proposed amendments to the Constitution were considered and adopted, and the entire instrument, as modified, reported to the Convention for its final adoption and submission to the people through the action of the Legislature. 16. By the provisions of the proposed Constitution, the right of suffrage was conferred on aU male inhabitants of the age of twenty-one years and upwards, without distinction of color ; the payment of the Canal and other State debts secured ; the term of oifice of Senators extended to four years ; the Assembly in- creased to one hundred and thirty-nine members ; the Court of Appeals organized with a Chief-Justice and six Associate Judges : the existing Supreme Court organization retained, with certain additional provisions for the despatch of business, — the judges to be chosen by the people, and to hold their offices for fourteen years, or until they attain the age of seventy years. Provision was also made for submitting to the people, in 1873, the question whether such judges should continue to be elected, or whether the position should be filled by appointment. The remaining provisions were substantially the same as those of the Constitu- tion of 1846. Educational statistics. 310 EIGHTH PERIOD. 17. During the summer of this year, the Cornell University, the charter of which was obtained in 1862, and which was en- dowed by Congress with the avails of one million of acres of public lands, and by liberal benefactions from its founder, Ezra CoRXBLL, chiefly for the purpose of a practical education in agri- cultural and mechanical science, was opened under favorable auspices at Ithaca. 18. At the November election, John T. Hoffman, Mayor of New York, was elected Governor, and Allen C. Beach, of Erie, Lieutenant-Governor, by a majority of nearly thirty thousand votes over John A. Griswold, of Rensselaer, and the Republican candidate for Lieutenant-Governor. The RepubUcans, however, secured a majority of the Legislature. Ulysses S. Grant, of Illinois, was elected President, and Schuyler Colfax, of Indiana, Vice-President, of the United States, by large electoral majorities, over Horatio Seymour, of New York, and Frank P. Blaik, of Missouri, the candidates of the Democratic party. CHAPTER IX. Administration of Governor Hoffman. — Finances and Condition op THE State. — Common Schools. — Public Schools and Gov- ernment OF New York City. — Rejection of the New Constitc- tion. — Jddiciary of the State. 1. Governor Hoffman, in his annual message to the Legis- lature of 1869, reviewed the financial condition of the State and that of its various literary and charitable institu- tions, and suggested such alterations and modifications of the laws as in his judgment the public interest required. The bal- ance due on the State debt, after applying the avails of the sinking fund, was $38,864,448.74, and would probably be ex- tinguished within a few years. 2. The Common-School Fund amounted to % 10,.500,000, of Election of Governor Hoffman and Lieutenant-Governor Beacli. — Elec- tion of President and Vice-President. — Legislature of 1 869. — Gov<'rnor Hoff'man's message. — Finances of the State. COMMON SCHOOLS. 311 which five and a half millions had been applied during the past j-ear to the payment of teachers' wages, $26,726 for libraries, $ 234,432 for school apparatus, $ 64,765 for the support of col- ored schools, and two millions of dollars for school-houses and sites. Nine hundred and seventy-one thousand five hundred children were educated in eleven thousand seven hundred and thirty-one districts during the year, and twenty-seven thousand teachers employed, of whom nearly twenty-two thousand were females. Upwards of one million volumes were in the several school libraries. 3. On the second Tuesday in February, Reuben K Fenton, of Chautauque, was elected United States Senator in place of Edwin D. Morgan, whose term of office had expired. The Fifteenth Amendment to the National Constitution, prohibiting to the several States all discrimination in the exercise of the elective franchise on account of color, was adopted by the Legis- lature, and a bill passed for the submission of the new Consti- tution to the people at the ensuing fall election, the sufirage and judiciary clauses to be separately voted upon. 4. During the session an important change was made in the Public-School system of the city of New York. The Board of Commissioners, consisting of three members, chosen by the peo- ple from each of the seven districts into which the city had been divided by a previous legislative enactment, was disbanded, and a new board substituted, to consist of twelve persons to be ap- pointed by the Mayor, the political majority of the city to be represented by seven and the minority by five members, and to hold their respective offices until the year 1871, after which their successors were to be elected by general ticket, preserving the same relative political aspect. 5. At the charter election in December of the previous year, the late District- Attorney A. Oakey Hall had been elected Mayor of the city in place of Governor Hoifman. Twelve Com- missioners of Common Schools were accordingly appointed by him under the act referred to, and early in May organized themselves as a board by the election of Richard L. Larre- MORE as President, and William Hitchman, late Speaker of the Assembly, as Clerk. Statistics of the Common Scliools. 312 EIGUTH PERIOD. 6. The financial affairs of the city had been committed to the charge of Ricuard B. Conxolly as Comptroller, and Peter B. SwEEXET as Chambei-lain, by whom they were ably and faith- fully administered. Samuel B. Garvin, late an Associate Judge of the Superior Court, was appointed District- Attorney in place of ilayor Hall. 7. At the November election, the Democratic State of&cers were re-elected by a majority of upwards of twenty thousand votes, together with a majority in both branches of the Legisla- ture. The provision in the new Constitution conferring equal- ity of suffrage on the blacks was rejected by a heavy vote, as was also the Constitution itself, with the single exception of the article on the Judiciary, which was incorporated into the existing Constitution as Article Sixth. 8. The Legislature assembled on the 4th of January, and "William Hitchman, of New York, was re-elected Speaker of the Assembly. Governor Hoffman, in his message, stated the balance duo on the State debt on the 30th of September last, the end of the fiscal year, at S 34,848,000, of which $ 12,- 725,211 existed previous to the Kebellion, and the remaining $ 22,000,000 was the unpaid portion of the bounty debt in- curred during the war. He anticipated its entire extinguish- ment within eight years. 9. The State tax levied during the year amounted to 5f mills on the dollar, on the total valuation of the real and personal estate of the State, distributed as follows : 1^ mills for schools, J of a mill for canals, 2:J for bounties, and \\ for the gene- ral expenses of the State government ; amounting in all to 810,463,179.33. The canals yielded a surplus revenue during the year of $3,854,944.59. 10. The value and importance of the canals to the best and highest interests of the State were dwelt upon, not only in refer- ence to our own interests, but to those of the European States, which were beginning to direct their attention to this mode of internal improvement. They were, in his judgment, especially serviceable as a check upon exorbitant charges of railroad cor- Meeting of the Legi.slatnre. — Governor's message. — Finances of the State. — Canal revenues. C0M3J0N SCHOOLS. 313 poratious in the transportation of merchandise and agricultural products. 11. More than six millions of dollars had been paid during the year for teachers' wages in the Common Schools, and nearly two and a half millions for school-houses, sites, repairs, and fm-niture. There were in the State nearly 1,500,000 chil- dren of school age, one million of whom attended the public schools during some portion of the year, and 26,000 were in private schools. 4,200 pupils were in attendance at the six Nor- mal schools. The number of school-houses in the State was 11,G98. 12. "These facts," the Governor observes, " show the great proportions to which our common-school system has grown. There may be defects in it, but, taken as a whole, it commands and receives the hearty commendation and the cordial support of the great body of the people. Under our form of government, in which the voice of the people is so potential, the State has a direct interest in so educating the masses that they may in- telligently understand their duty as citizens ; and no tax should be paid more cheerfully than that which enables all, without reference to station or condition, to acquire the rudiments of a good English education.'' 1 3. The number of savings' banks in the State was stated at one hundred and twenty-eight, with an aggregate capital of $ 180,000,000. The subjects of prison discipline and insane hospitals were dwelt upon at considerable length. The number of immigrants during the year, landed at the port of New York, was 260,000, being an increase of 46.314 over the year 18G8. Special legislation was discountenanced, and several recom- mendations were submitted for general purposes. 1 4. A complete revision of the statutes of the State was recom- mended, as were also amendments of the Registry and Election Laws, the Criminal Code, the Excise Laws, and the various pro- visions for commissions in the cities. The message closed with a general and very able discussion of the legislation of Congress on federal affairs, the tariff, and national finances. Common schools. — Savings' banks. — Prison discipline. — Insane hospi- tals. — Immigrants. — Special legislation. — Registry and Election Laws. — Excise Laws. — City commissions. — National affairs. 314 EIGHTH PERIOD. 15. The report of the Adjutant-General showed that the militia or " National Guard " of the State numbered 25,085 offi- cers and privates, comprising three regiments, one battalion, and four troops of cavalry, three battalions and eight batteries of artillery, and forty-seven regiments and three battalions of in- fantry. A reduction of the force to 20,000 was ordered by the last Legislature, and three regiments had already been mustered out of service. 16. Joint resolutions at an early period of the session were introduced and passed by a strict party vote, withdrawing the consent of the State to the Fifteenth Constitutional Amend- ment, and bills introduced for the accomplishment of the va- rious objects recommended in the Governor's message. 17. Towards the close of the session an act was passed amending and revising the charter of the city of New York, reorganizing the Police and Fire Departments, and creating a Department of Public Works, a Department of Public Parks, and a Department of Public Charities and Corrections. An act incorporating the Female Normal College of the city of New York was also passed. 18. During the summer of this year Admiral Faeragut died, while on a visit to his friends in Maine. His remains were brought to the city of New York, where his funeral obsequies were performed, and appropriate respect was paid to his mem- ory in all parts of the country. 19. At the fall elections. Governor Hoffman and Lieutenant- Governor Beach were re-elected by upwards of thirty thousand majority, both houses of the Legislature remaining Democratic by a small majority. The proposed Constitutional Amendment, loaning the credit of the State for the payment of the Canal Debt, was defeated by a large majority. 20. The Legislature was organized on the 3d of January, 1871, by the re-election of William Hitchman, of New York, as Speaker. National Guard — Fifteenth Constitutional Amendment. — Charter of New York City. — Female Normal College. — Death of Admiral Farragut. — Ee-election of Governor Hoffman. — The I^egislature. View in Central Park. CONCLUSION. — GENERAL RECAPITULATION. 1. Having now completed our labors, we turn to a general survey of the ground over which we have travelled, and a com- prehensive summary of the grand results which during a period of about two centuries and a half have been accomplished within the domains of what is now not improperly termed the " Empiee State " of the American Union. 2. From a pathless wUdemess, trodden only by the scattered and stealthy footprints of a savage and barbarous race, we have seen it, at first by slow degrees, and then by a rapid progress, covered by the traces of a civilization which has converted the deep primeval forests into cities, towns, villages, and flourish- ing farms, the abodes of luxury, wealth, refinement, and enjoy- ment. 3. From a little handful of emigrants from Holland, number- ing less than a hundred souls, gathered in two small and ill- 316 CONCLUSION. — GENERAL RECAPITULATION. defended forts and block-houses, separated from each other by au interval of a hundred and fifty miles, and surrounded by forty thousand savages, we have seen a population of nearly four millions of inhabitants spring up, clearing the vast wilder- ness from the ocean to the Lakes, and driving before them its primeval possessors, until scarcely a trace of their former great- ness remains. 4. We have witnessed the failure of the well-meant efforts of the original colonists to impress upon the virgin soil of the western continent the comparatively indolent and apathetic civilization of the " fatherland," with all its sturdy honesty and indomitable integrity, and the reins of empire seized upon by the strong hands and stout hearts of the English invaders, whose vanguards had already reclaimed the bleak and barren coasts of New England. 5. Then ensued the long and gallantly maintained struggle on the part of the new colonists, aided and strengthened by their predecessors whoso supremacy they had so recently displaced, to assort and maintain their rights, liberties, and privileges against a dominant aristocracj', supported and sustained by the wealth, power, and influence of the greatest and most haughty government in the Old World. 6. Through a protracted series of difficulties, embarrassments, and obstacles the aroused spirit of liberty steadily maintained its gi-ound against the most fearful odds, until after a century of colonial vassalage, continually protesting and contending against the systematic invasion of their most cherished rights, the hour an-ived for the complete disruption of the galling bond- age under which they had so long and impatiently struggled, and the thirteen united colonies, after a war of seven years with their formidable oppressors, became a free and independent nation. 7. In this great contest for national existence, New York led the van, and precipitated by her boldness and determined energy the inevitable issvie. It was in her metropolis that the sturdy and iiTepressible " Sons of Liberty " hurled defiance against the minions of tyranny and oppression ; in her tribunals of justice that the freedom of the press was triumphantly vindicated ; and in defence of her towering " Liberty Pole," that, on the TWO WARS WITH GREAT BRITAIN. 317 heights of Golden Hill, the first blood of the Eevolution was shed. 8. And when the contest came, and the trained battalions of European conscripts, commanded by the experienced veterans of English warfare, overran our land, it was the Provincial Con- gress of Xew York which, driven from town to town by the in- vading army, steadily and unflinchingly rallied the brave de- fenders of their homes and hearths to the bloody battle-field, sustained their sinking spirits amid reverses, privations, and the severest suffering, and, while exhausting their means in provid- ing for the wants of their own citizens in the field, freely pledged their resources for the future in behalf of the common cause. 9. Independence achieved, and its cost to be met in the midst of divided and distracted counsels, with a government hastily improvised and utterly unable to command obedience to its dic- tates except by consent of each of its members, it was New York, the wealthiest and most powerful of all, and, looking only to her own interest, best able to dispense with any other gov- ernment than her own, that promptly came forward, through her most accomplished citizens, to secure the adoption of a Con- stitution which indissolubly linked her destinies with those of her sister States. 10. Then, and not till then, when, through her unwavering patriotism and noble magnanimity, the Union was placed upon a permanent basis and the future existence of the nation se- cured, did she turn her attention to the development of her own resources, the administration of her own government, and the organization of suitable institutions for the promotion and advancement of her material, moral, civil, and social well-being. 11. During this period three great statesmen and patriots towered prominently over all their associates, directing, guiding, and energizing public affairs, and contributing beyond all others to the great results of the war of Independence. George Clin- Tox, the first Governor, during a period of over twenty years, by his ability, sterling integrity, and indomitable perseverance, surrounded by innumerable difficulties and embarrassments, successfully conducted the Ship of State to its destined hai-bor, and laid the foundations for its future greatness. 12. Alexander Hamilton, by his transcendent talents, clo- 318 CONCLUSION.— GENERAL RECAPITULATION. quence, and energy, threw himself into the breach against the fiercest waves of faction ; and in conjunction with John Jay saved the Constitution, and with it the Union, from the im- minent perils by which it was surrounded. Upon the organiza- tion of the government, both these distinguished men rendered the most important services to their country, in its civil and diplomatic service ; and their memory will ever be cherished as the founders and supporters of the American Union. 13. Governor Clinton availed himself of the earliest op- portunity to recommend the establishment of a common-school system, and the initiation of measures for developing the re- sources and adding to the wealth of the State by the improve- ment of its navigable waters and their connection by artificial canals. Both these measures were destined to be afterwards fully realized through the genius and executive ability of his great kinsman and successor, De Witt Clinton. 14. At this time — between 1790 and 1800 — the entire population of the State did not exceed five hundred thousand, chiefly concentrated in the city of New York, and on the banks of the Hudson and Mohawk. The extensive and fertile valleys and plains of the western section of the State, from Utica to Lake Erie, were still an unbroken wilderness, and a few scat- tered hamlets only diversified the region between Albany and the sources of the Mohawk. 15. The administrations of Daniel D. Tompkins and De Witt Clinton, extending, with a brief interval, over a period of nearly twenty years, constituted the most brilliant portion of the annals of the State. The former by his persistent, de- voted patriotism and self-sacrificing exertions, carried us tri- umphantly through the second war with Great Britain ; and the latter, by his commanding talents and far-seeing statesmanship, laid the foundations of our magnificent common-school system, and conceived and carried into execution, amid the most for- midable obstacles, the greatest work of internal improvement the world had ever known. 1 6. Their distinguished successors. Van Buren, Marcy, Sew- ard, and Wright, and the more recent occupants of the executive chair, built nobly upon these solid foundations of greatness and wealth, enlarging, expanding, and adorning the DISTINGUISHED MEN. 319 superstructure of political and social prosperity; steadily de- veloping and applying the immense resources of the State in all its departments, and maintaining its high position and character as the imperial member of the confederacy. 1 7. Nor must the, long and splendid array of her jurists, legislators, and statesmen occupying subordinate positions in the executive administration of the State, and representing her interests in the councils of the nation, be overlooked in this connection. The illustrious names of Spencer, Kent, Van Ness, Platt, Thompson, Woodworth, and Yates in her earlier, and Savage, Sutherland, Marcy, Nelson, Bronson, and Cowen in her later judiciary, adorned the bench of the Supreme Court; while her Chancery was graced by the comprehensive learning and great ability of Lansing, Kent, Jones, and Walworth. 18. In the ranks of the legal profession were to be found the great names of Hamilton, Burr, Van Vechten, Van Bueen, Thomas Addis Emmett, Elisha Williams, Benjamin F. Butlee, John C. Spencer, Joshua A. Spencer, Samuel Stevens, Am- brose L. Jordan, Ogden Hoffman, James T. Brady, James W. Gerard, Francis B. Cutting, Chaeles O'Conor, Charles P. Kirkland, and William M. Evaets, with a long list of contem- poraries and successors worthy of such high association. In her legislative halls were to be heard such men as Clinton, Spencer, Young, Eoot, Van Buren, Sharp, Ogden, Livings- ton, DuER, Tallmadge, Suydam, Wright; and, at a later period, Seward, Seymour, Humphrey, Beadish, Patterson, IluLBURD, Cutting, King, and a host of others of greater or less abilitj-, influence, and worth. 19. In the Senate of the United States she has been worthily represented by Philip Schuyler, Aaron Burr, Gouverneur Morris, Obadiah German, Nathan Sanford, Martin Van Buren, Charles E. Dudley, Nathaniel P. Tallmadge, Rufus King, De Witt Clinton, William L. Marcy, Silas Wright, John A. Dix, Daniel S. Dickinson, William H. Seward, Peeston King, Hamilton Fish, Iea Haeeis, Edwin D. Mor- gan, RoscoE CoNKLiNG, and Reuben E. Fenton. In the Ho\ise of Representatives, John W. Taylor, for two terms, filled the Speaker's chair, and among the delegations, from New York a long list of eminent and distinguished names might be cited. 320 CONCLUSION.— GENERAL RECAPITULATION. 20. In the Cabinet of the United States, Alexander Hamil- ton, Martin Van Buren, John C. Spencer, Smith Thompson, Gideon Granger, James K. Paulding, William L. Marcy, Benj. F. Butler, John A. Dix, Wm. H. Seward, Wm. M. Evarts, and Hamilton Fish, have occupied various positions. Two Pres- idents only, I*Iartin Van Buren and Millard Fillmore, have filled the executive chair of the nation ; while the Vice-Presidency has been conferred upon Aaeon Burr, George Clinton, Daniel D. Tompkins, Martin Van Buren, and Millard Fillmore. 21. On the bench of the Supreme Court of the United States John Jay was the first Chief-Justice, and Smith Thompson and Samuel Nelson have held the position of Associate Justices. John Jay, Martin Van Buren, Washington Irving, George Bancroft, Daniel D. Barnard, James Watson Webb, John A. Dix, and Daniel E. Sickles, have occupied high diplomatic positions as Ministers Plenipotentiary to the courts of England, France, Spain, and Prussia, and in the South American States. 22. In the army we have the illustrious names of Mont- gomery and Schuyler, James Clinton, Herkimer, McDougall, Lamb, Sullivan, and Willett, of Revolutionary memory ; Ma- comb, Brown, Wool, the Van Rensselaers, Ripley, Pike, and Porter, who distinguished themselves in the war of 1812 ; Wool and Worth in the war with Mexico; and Wads- worth, Dix, Sickles, Sigel, Asboth, Barlow, Slocum, Wood- ford, and Jones during the Rebellion. 23. Among the most distinguished of the scientific men who have shed an enduring lustre upon their native or adopted State may be named Drs. Samuel L. Mitchell, T. Romeyn Beck, Valentine Mott, and John W. Francis, of the medical profes- sion ; Professors Hall, Emmons, Beck, Torrey, Mather, Hough, and De Kay of the geological, chemical, and natural-history department ; Francis Lieber, Thomas Ewbank, and Professor Henry, now in charge of the Smithsonian Institute at Wash- ington. 24:. Robert R. Livingston and Robert Fulton, as the great inventors of steam navigation ; Samuel F. B. Morse, as the in- ventor of the magnetic telegraph ; and Cyrus W. Field, as the indefatigable pioneer of the ocean telegraph, — will long be re- membered as great public benefactors ; and the unwearied exor- DISTLSGUISUED MEN. 321 tions of Henry O'Reilly in the construction of telegraphic lines throughout every portion of the Union have conferred a lasting benefit upon the civilization of the age. 25. In the ranks of literary celebrity and success, W.\shington Irving occupies the foremost place ; while William Cullen Bryant, Fitz-Geeen Halleck, Joseph Rodman Drake, George P. Morris, Nathaniel P. Willis, Alfred B. Street, and Phebe and Alice Carey as poets ; James Fennimore Cooper, James K. Paulding, Donald G. Mitchell, and Richard B. Kimball as novelists ; and George Bancroft, J. Romeyn Broadhead, E. B. O'Callaghan, and Henry B. Dawson as historians, — have attained a high reputation in their respective departments of literary effort. 26. Among the most influential conductors of the public press — that great organ of public opinion — may be enumer- ated Solomon Southwick, Jesse Buel, Edwin Croswell, Thur- Low Weed, George Dawson, and AVilliam Cassidy, of Albany ; and John Peter Zenger, James Cheetham, William L. Stone, Charles King, Mordecai M. Noah, William Coleman, Horace Greeley, William Cullen Bryant, Henry J. Raymond, James Watson Webb, James Gordon Bennett, Manton Marble, James and Erastus Brooks, Charles A. Dana, and Joseph Howard, Jr., of New York. 27. The church has been adorned by the lives and eloquence of Archbishops Hughes and McCloskey of the Catholic faith ; Bishops Hobart, Potter, De Lancey, Cox, and Drs. Vinton, Muhlenberg, Dix, Tyng, Taylor, Wainwright, and Andrews, of the Episcopal; Bishops Asbury, Hedding, Emory, and Janes, the eloquent young Summerfield, and Silas Comfort, of the Methodist ; Henry Ward Beecher, and Drs. Spring, Storrs, Adams, Sprague, Campbell, and Potts, of the Presbyterian and Congregational ; Drs. Welch, Burchard, Gillett, and others, of the Baptist ; Drs. Wyckoff, Bethune, and Vermilye, of the Dutch Reformed; Dr. Chapin, Stephen R. Smith, and Dolphus Skinner, of the Universalists ; Drs. Dewey, Bellows, Osgood, and Frothingham, of the Unitarians ; and many otliers less widely known and distinguished, but not less worthy of remem- brance and high regard in their humbler fields of labor. 28. Conspicuous among the eminent philanthropists who have 21 322 CONCLUSION. — GENERAL RECAPITULATION. distinguished themselves for their liberal public, private, and social benefactions in the interests of charity, humanity, and the advancement of science and civilization, ma}' be found the names of Leake, Watts, John Jacob Astor, Peter Cooper, Gehrit Sjiith, Alexander T. Stewart, and last, though not least, Hexry Bergh, whose disinterested and persevering exer- tions for the suppression of cruelty to animals have entitled him to the warmest regards of eveiy benevolent heart. The Cham- ber OP CoMJiERCE of the city of New York, consisting of its leading merchants, stands, also, prominently forward in the active promotion of every enlightened public and charitable enterprise. 29. Fitting mention should also be made in this place of the prominent educators who have impressed their stamp upon the minds and hearts of the rising generation. First in this great field of labor was Dr. Eliphalet Nott, who at the commence- ment of the century as President of Union College at Schenec- tady organized that institution, and during a period of over sixty years, assisted for a long time by Professor Alonzo Potter, late Bishop of Pennsylvania, annually sent out of its walls large classes of graduates, fitted in all points for active service in Church or State. To him succeeded in a humbler, but not less important, field, Joseph Lancaster, whose indefatigable exertions, seconded by the powerful influence of De Witt Clinton, moulded the earliest system of popular education organized in the State and city of New York, and who in the midst of his labors was accidentally kiUed in our streets in 1838. His system of in- struction was ably carried into effect through the energetic ef- forts of George T. Trimble, the President, and Samuel W. Seton, the Executive Agent, of the Public-School Society ; but was finally abandoned on the dissolution of that corporation. 30. For more than half a century the Mrs. Willards, of the Troy Female Seminary, and Professor Alonzo Crittenden, of the Albany Female Seminary and Packard Institute of Brooklyn, aided by Professor and Mrs. Eaton, have distinguished them- selves in the higher education of young ladies ; while Dr. T. PiOMEVN Beck, of the Albany Academy, aided by Dr. Bullions, and Professors Henry and Cooke ; Principals Page, Perkins, WooLWORTH, CociiEAN, and their successors in the State Normal VARIOUS INSTITUTIONS. 323 School ; the venerable Di-. Dewey, of the Rochester Collegiate Institute, and afterwards of the University there ; Chancellor Ferris, of the New York University ; and Presidents King and Barxakd, of Columbia College, President John H. Raymond, of Vassar College, Davis and North of Hamilton, Webster, of the Free Academy and College of the city of New Y.ork, with worthy colleagues in every section of the State, — were assidu- ously training our young men and w^omen for future usefulness and honor. 31. The first railroad laid down in the State was that between Albany and Schenectady, which was completed in 1829. There are now between fifty and sixty companies, and about three thousand five hundred miles of road in operation, at an aggre- gate cost of nearlj- two hundred millions of dollars. The prin- cipal lines are those of the Central, the Hudson River, Harlem and Erie Railroads, traversing the State in different sections from New York to Lake Erie, with numerous branches com- municating with the principal towns and cities in every portion of the State. 32. The taxable valuation of real and personal estate in the State is about five thousand millions of dollars, of which about one fifth consists in cultivated and improved land. There are upwards of twenty-five thousand manufacturing establishments, employing two hundred and fifty thousand persons, and having an aggregate capital of three hundred millions of dollars and a productive capacity of nearly double that amount. The an- nual value of exports from the State is upwards of a hundred millions of dollars, and that of its imports two hundred mil- lions. 33. The whole number of public schools in the State is about twelve thousand, in which nearly one million ot children are an- nually educated by twenty-seven thousand teachers, upwards of twenty-two thousand of whom are females. Ten millions of dollars are annually expended, from the avails of State funds permanently appropriated and State and municipal taxation, iu the employment of teachers, the purchase of sites, the build- ing and furnishing of school-houses, and the provision of libra- ries and school apparatus. In these libraries upwardo of one million of volumes are alreadv collected. 324 CONCLUSION.— GENERAL RECAPITULATION. 34. Two hundred academies, witli fifty thousand pupils and one thousand teachers ; fifteen colleges, with an aggregate of upwards of two thousand students ; seven Normal and training schools for teachers ; several medical, theological, and law schools and colleges ; and twentj'-five hundred private and incorporated schools and seminaries of learning, with an aggregate attendance of seventy thousand pupils, — are distributed throughout the different sections of the State. 35. Numerous charitable institutions, supported in great part from public and corporate funds, are found in the principal cities and towns for the education, support, and relief of the deaf, dumb, blind, idiots, and lunatics, paupers, widows and orphans, and inebriates ; hospitals for the care and medical treatment of the sick and wounded ; homes for the destitute, afflicted, and incurable ; and penitentiaries and houses of refuge for the de- tention and reformation of youthful convicts. 36. Ten thousand spacious churches, cathedrals, and places of public worship, adorn our cities, villages, and rural hamlets ; involving an aggregate expenditure of thirty millions of dollars, and an annual contribution of three millions of dollars for the maintenance of the clergy. One thousand daily, weekly, semi- weekly, monthly, and quarterly newspapers, magazines, and pe- riodicals diffuse information broadcast among the people , and public libraries abound in every section of the State, embracing in the aggregate, including the several school libraries, nearly two millions of volumes. 37. The city of New York alone, with a population of about one million, contains upwards of two hundred public schools, numbering two hundred thousand pupils, with twenty-five hun- dred teachers, twenty-two hundred of whom are females, and three hundred private schools, with an aggregate of seventy thousand pupils and sixteen hxindred teachers, at an annual cost in the former of three millions, and in the latter of two millions, of dollars ; three colleges, with departments of law and medicine in two of them, two medical colleges and sev- eral theological seminaries ; asylums for the deaf, dumb, and blind ; an academy of design and various art-galleries ; three opera-houses, ten theatres, three hundred churches, eighteen pub- lic parks, eleven public markets, charitable associations for the VARIOUS INSTITUTIONS. 325 relief of every description of suffering and poverty, and nu- merous literary and scientific institutions, — conspicuous among ■which are the Cooper Union, the Historical Society, the Astor, Mercantile, Apprentices', Institute, City, and Society Libraries, the College of the City of New York, the Normal and High School for Girls, Columbia College, and the New York Univer- sity, — and two hundred and fifty-six daily, weekly, and semi- weekly newspapers, and other periodical publications. 38. Such is a brief glance at the progress and present condi- tion of the State of New York, — her early history, her pro- tracted struggles for political freedom and independence, her triumphs and victories, her enterprise and energy, and the transcendent abilities, talents, and statesmanship of her sons. Through a long succession of trials and conflicts she has ac- complished her great destiny as first and foremost in the brilliant constellation of American States ; and with her proud motto, " Excelsior," advances with unfaltering steps to the achieve- ment in the future of still higher and grander results. EsTO Perpetua ! APPENDIX, THE CONSTITUTION OF THE STATE OF NEW YOKK. We the People of the State of New York, grateful to Almighty God for our Freedom, in order to secure its blessings, do establish this Constitution. ARTICLE I. Section 1. Ko member of this State shall be disfranchised, or de- prived of any of the rights or privileges secured to any citizens thereof, unless by the law of the land, or the judgment of his peers. Sec. 2. T!ie trial by jury in all cases in which it has been heretofore used shall remain inviolate forever ; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law. Sec. 3. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State to all mankind : and no person shall be rendered incom- petent to be a witness on account of his opinions on matters of re- ligious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State. Sec. 4. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension. Sec 5. Excessive bail shall not be required nor excessive fines imposed, nor shall cruel and unusual punishments be inflicted, nor shall witnesses be unreasonably detained. Sec. 6. Ao person shall be held to answer for a capital or other- wise infamous crime (except in cases of impeachment, and in cases of militia when in actual service ; and the land and naval forces in time of war, or which this State may keep, with the consent of Con- gress, in time of peace ; and in cases of petit larceny, under the re,Q;u- lation of the Legislature), unless on presentment or indictment of a 328 APPENDIX. grand jury ; and in any trial in any court whatever, the party accused shall be allowed to appear and defend in person and with counsel as in civil actions. No person shall be subject to be twice put in jeop- ardy for the same oflfence ; nor shall he be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law ; nor shall private property be taken for public use, without just compensation. Sec 7. "When private property shall be taken for any public use, the compensation to he made therefor, when such compensation is not made by the State, shall be ascertained by a jury, or by not less than three commissioners appointed by a court of record, as shall be pre- scribed by law. Private roads may be opened in the manner to be prescribed by law ; but in every case the necessity of the road, and the amount of all damage to be sustained by the opening thereof, shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited. Sec. 8. Every citizen may freely speak, write, and publish his sen- timents on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or the press. In all criminal prosecutions or indictments for libels, the truth may be given in evidence to the jury ; and if it shall appear to the jury that the matter charged as libellous is true, and was pub- lished with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact. Sec. 9. The assent of two thirds of the members elected to each branch of the Legislature shall be requisite to every bill appropriating the public moneys or property for local or private purposes. Sec. 10. Ko law shall be passed abridging the right of the people peaceably to assemble and to petition the government, or any depart- ment thereof, nor shall any divorce be granted, otherwise than by due judicial proceedings ; nor shall any lottery hereafter be authorized or any sale of lottery tickets allowed within this State. Sec. 11. The people of this State, in their right of sovereignty, are deemed to possess the original and ultimate property in and to all lands yvithin the jurisdiction of the State; and all lands the title to whicli shall fail, from a defect of heirs, shall revert, or escheat to the people. Sec 12. All feudal tenures of every description, with all their in- cidents, are declared to be abolished, saving, however, all rents and services certain which at any time heretofore have been lawfully created or reserved. Sec 13. All lands within this State are declared to be allodial, so COXSTITUTIOX OF STATE OF NEW YORK. 3l9 that, subject only to tlie liability to escheat, the entire and absolute property is vested in the owners, according to the nature of their respective estates. Sec 14. Xo lease or grant of agricultural land, for a longer period than twelve years, hereafter made, in which shall be reserved any rent or service of any kind, shall be valid. Sec 15. All fines, quarter sales, or other like restraints upon aliena- tion reserved in any grant of land, hereafter to be made, shall be void. Sec 16. ISo purchase or contract for the sale of lands in this State, made since the fourteenth day of October, one thousand seven hun- dred and seventy-five, or which may hereafter be made, of, or with the Indians, shall be valid, unless made under the autliority and with the consent of the Legislature. Sec 17. Such parts of the common law, 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 nineteenth day of April, one thousand seven hundred and seventy-five, and the resolutions of the Congress of the said colony, and of the Convention of the State of New York in force on the twentieth da}' of April, one thousand seven hundred and seventy-seven, which have not since expired, or been repealed or altered, and such acts of the Legislature of this State as are now in force, shall be and continue the law of this State, subject to such alterations as the Legislature shall make concerning the same. But all such parts of the common law, and such of the said acts or parts thereof, as are repugnant to this Constitution, are hereby abrogated ; and the Legislature, at its first session after the adoption of this Con- stitution, shall appoint three commissioners whose duty it shall be to reduce into a written and systematic code the whole body of the law of this State, or so much and such parts thereof as to the said com- missioners shall seem practicable and expedient. And the said com- missioners shall specify such alterations and amendments therein as they shall deem proper, and they shall at all times make reports of their proceedings to the Legislature, when called upon to do so; and the Legislature shall pass laws regulating the tenure of office, the filling of vacancies therein, and the compensation of the said com- missioners, and shall also provide for the publication of the said code, prior to its being presented to the Legislature for adoption. Sec 18. All grants of land within this State, made by the king of Great Britain, or persons acting under his authority, after the four- teenth day of October, one thousand seven hundred and seventy-five, shall be null and void; but nothing contained in this Constitution shall affect any grants of land within this State, made by the author- ity of the said king or his predecessors, or shall annul any charters to 330 APPENDIX. bodies politic and corporate, by him or them made, before that day ; or shall affect any such grants or charters, since made by this State, or by persons acting under its authority ; or shall impair the obliga- tion of any debts contracted b}' this State, or individuals, or bodies corporate, or any other rights of property or any suits, actions, rights of action, or other proceedings in courts of justice. ARTICLE II. Section" 1. Every male citizen of the age of twenty-one years who shall have been a citizen for ten days, and an inhabitant of this State one )'ear next preceding an election, and for the last four months a resident of the county where he may offer his vote, shall be entitled to vote at such election, in the election district of which he shall at the time be a resident, and not elsewhere, for all officers that now are or hereafter may be elective by the people ; but such citizen shall have been for thirty days next preceding the election a resident of the district from which the officer is to be chosen for whom he offers his vote. But no man of color, unless he shall have been for three years a citizen of this State, and for one year next preceding any election shall have been seized and possessed of a freehold estate of the value of two hundred and fifty dollars over and above all debts and incum- brances chai-ged thereon, and shall have been actually rated and paid a tax thereon, shall be entitled to vote at such election. And no person of color shall be subject to direct taxation unless he shall be seized and possessed of such real estate as aforesaid : Provided, that, in time of war, no elector in the actual military service of the United States, in the army or navy thereof, shall be deprived of his vote by reason of his absence from the State, and the Legislature shall have power to provide the manner in which, and the time and place at which, such absent electors may vote, and for the canvass and returns of their votes in the election districts in which they respectively re- side or otherwise. Sec 2. Laws may be passed excluding from the right of suffrage all persons who have been or may be convicted of bribery, larceny, 01- of any infamous crime ; and for depriving every person who shall make, or become directly or indirectly interested in any bet or wager, depending upon the result of any election, from the right to vote at such election. Sec. 3. For the purpose of voting, no person shall be deemed to have gained or lost a residence, by reason of his presence or absence, while emploj-ed in the service of the United States; nor while en- gaged in the navigation of the waters of this State, or of the United States, or of the high seas ; nor while a student of any seminary of CONSTITUTION OF STATE OF NEW YORK. 33 1 learning ; nor while kept at any almshouse, or other asylum, at pub- lic expense ; nor while confined in any public prison. Sec. 4. Laws shall be made for ascertaining by proper proofs the citizens who shall be entitled to the right of suffrage hereby estab- lished. Sec. 5. All elections by the citizens shall be hy ballot, except for such town officers as may by law be directed to be otherwise chosen. ARTICLE IIL Section 1. The legislative power of this State shall be vested in a Senate and Assembly. Sec. 2. The Senate shall consist of thirty-two members, and the senators shall be chosen for two years. The Assembly shall consist of one hundred and twenty-eight members, who shall be annually elected. Sec 3. The State shall be divided into thirty-two districts, to be called senate districts, each of which shall choose one senator. The districts shall be numbered from one to thirty-two inclusive. District number One (1) shall consist of the counties of Suffolk, Richmond, and Queens. District number Two (2) shall consist of the county of Kings. District number Three (3), number Four (4), number Five (5), and number Six (6) shall consist of the city and county of New York. And the Board of Supervisors of said city and county shall, on or be- fore the first day of May, one thousand eight hundred and forty-seven, divide the said city and county into the number of Senate districts to which it is entitled, as near as may be, of an equal number of inhab- itants excluding aliens and persons of color not taxed, and consisting of convenient and contiguous territory ; and no Assembly district shall be divided in the formation of a Senate district. The Board of Super- visors, when they shall have completed such division, shall cause cer- tificates thereof, stating the number and boundaries of each district, and the population thereof, to be filed in the office of the Secretary of State, and of the clerk of the said city and county. [The residue of this section consists of the designation of the sev- eral Senate districts, which, under the provisions of the next section, have since been materially changed by the Legislature.] Sec. 4. An enumeration of the inhabitants of the State shall be taken under the direction of the Legislature, in the year one thousand eight hundred and fifty-five, and at the end of every ten years there- after ; and the said districts shall be so altered by the Legislature, at the first session after the return of every enumeration, that each sen- ate district shall contain, as nearly as may be, an equal number of 332 APPENDIX. inhabitants, excluding aliens and persons of color not taxed ; and shall remain unaltered until the return of another enumeration, and shall at all times consist of contiguous territory ; and no county shall be di- vided in the formation of a senate district except such county shall be equitably entitled to two or more senators. Sec. o. The members of assemUy shall be apportioned among the several counties of this State, by the Legislature, as nearly as may be according to the number of their respective inhabitants, excluding aliens and persons of color not taxed, and shall be chosen by single districts. The several boards of supervisors in such counties of this State as are now entitled to more than one member of Assembly, shall assem- ble on the first Tuesday of January next, and divide their respective counties into Assembly districts equal to the number of members of A.ssembly to which such counties are now severally entitled by law, and shall cause to be filed in the offices of the Secretary of State and the clerks of their re.spective counties a description of such Assembly districts, speciiying the number of each district and the population thereof, according to the last preceding State enumeration, as near as can be ascertained. Each Assembly district shall contain, as nearly as may be, an equal number of inhabitants, excluding aliens and persons of color not taxed, and shall consist of convenient and con- tiguous territory ; but no town shall be divided in the formation of A.s,*embly districts. The Legislature, at its first session after the return of every enu- meration, shall reapportion the members of Assembly among the sev- eral counties of this State, in manner aforesaid, and the boards of supervisors in such counties as may be entitled, under such reappor- tionment, to more than one member, shall assemble at such time as the Legislature making such reapportionment shall prescribe, and divide such coimties into A.ssembly districts, in the manner herein directed ; and the apportionment and districts so to be made shall remain unaltered until another enumeration shall be taken under the provisions of the preceding section. Every county heretofore established and separately organized, ex- cept the county of Hamilton, shall always be entitled to one member of the Assembly, and no new county shall be hereafter erected unless its population shall entitle it to a member. The county of Hamilton shall elect with the county of Fulton, until the population of the county of Hamilton shall, according to the ratio, be entitled to a member. Skc. 6. The members of the Legislature shall receive for their ser- vices it sum not exceeding three dollars a day, from the commence- ment of the session ; but such pay shall not exceed in the aggregate CO-Y^TirCT/0-Y OF STATE OF NEW YORK. 333 three hundred dollars for per diem allowance, except in proceedings for impeachment. The limitation as to the aggregate compensation shall not take effect until the year one thousand eight hundred and forty-eight. When convened in extra session by the Governor, they shall receive three dollars per day. They shall also receive the sum of one dollar for every ten miles they shall travel, in going to and re- turning from their place of meeting, on tlie most usual route. The Speaker of the Assembly shall, in virtue of his office, receive an ad- ditional compensation equal to one tliird of his per diem allowance as a member. Sec T. Xo member of the Legislature shall receive any civil ap- 2T}in1ment icithin Ihis State, or to the Senate of the United States, from the Governor, the Governor and Senate, or from the Legislature daring the time for which he shall have been elected ; and all such appointments and all votes given for any such member, for any such office or appointment, shall be void. Sec 8. Xo person being a member of Congress, or holding any judicial or military office under tlie United States, shall hold a seat in the Legislature. And if any person shall, after his election as a member of the Legislature, be elected to Congress, or appointed to anv office, civil or military, under the government of the United States, his acceptance thereof shall vacate his seat. Sec. 9. The election of senators and members of Assembly, pur- suant to the provisions of this Constitution, shall be held on the Tuesday succeeding the first Monday of November, unless otherwise directed by the Legislature. Sec 10. A majority of each House shall constitute a quorum to do business. Each House shall determine the rules of its own proceed- ings, and bo the judge of the elections, returns, and quahfications of its own members, shall choose its own officers ; and the Senate shall choose a temporary President, when the Lieutenant-Govornoi shall not attend as President, or shall act as Governor. Sec. 11. Each House shall keep a journal of its proceedings, and publish the same, except such parts as may require secrecy. The doors of each House shall be kept open, except when the public wel- fare shall require secrecy. Neither House shall, without the consent of the other, adjourn for more than two days. Sec 12. For any speech or debate in either House of the Legisla- ture, the members shall not be questioned in any other place. Sec 13. Any bill may originate in either House of the Legislature, and all bills passed by one House may be amended by the other. Sec. 1-i. The enacting clause of all bills shall be " The People of the State of New York, represented in Senate and Assembly, do enact as follows," and no law shall be enacted except by bill. 334 APPENDIX. Sec. 15. Xo hill shall be passed unless hy the assent of a majority of all the members elected to each branch of the Legislature, and the question upon the final passage shall be taken immediately upon its last reading, and the yeas and nays entered on the journal. Sec 16. 'So private or local bill, which may be passed by the Legis- lature, shall embrace more than one subject, and that shall be expressed in the title. Sec 17. The Legislature may confer upon the boards of supervisors of the several counties of the State such further powers of local legis- lation and administration as they shall from time to time prescribe. ARTICLE IV. Section 1. The executive power shall be vested in a Governor, who shall hold his office for two years ; a Lieutenant-Grovernor shall be chosen at the same time and for the same term. Sec 2. No person except a citizen of the United States shall be eligible to the office of Governor, nor shall any person be eligible to that office, who shall not have attained the age of thirty years, and who shall not have been five years next preceding his election a resi- dent within this State. Sec. 3. The Governor and Lieutenant- Governor shall be elected at the times and places of choosing members of the Assembly. The persons respectively having the highest number of votes for G-overnor and Lieutenant-Grovernor shall be elected ; but in case two or more shall have an equal and the highest n.umber of votes for G-overnor, or for Lieutenant-G-ovemor, the two Houses of the Legislature, at its next annual session, shall, forthwith, by joint ballot, choose one of the said persons so having an equal and the highest number of votes for Gov- ernor or Lieutenant-G-ovemor. Sec 4. The Governor shall be Commander-in-Chief of the mihtary and naval forces of the State. Ho shall have power to convene the Legislature (or the Senate only) on extraordinary occasions. He shall communicate by message to the Legislature, at every session, the con- dition of the State, and recommend such matters to them as he shall judge expedient. He shall transact all necessary business with the ollieers of government, civil and military. He shall expedite all such measures as may be resolved upon by the Legislature, and shall take care that the laws are faithfully executed. He shall, at stated times, receive for his services a compensation to be established by law, which shall neither be increased nor diminished after his election or during his continuance in office. Sec 5. The Governor shall have the power to grant reprieves, commutations, and pardons, after conviction, for all oflences except COySTITUTION OF STATE OF NEW YORK. 335 treason and cases of impeachment, upon such conditions and ^vith such restrictions and limitations, as he may think proper, subject to such regulation as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, he shall have power to suspend the execution of the sentence until the case shall be reported to the Legislature at its next meeting, when the Legisla- ture shall either pardon, or commute the sentence, direct the execu- tion of the sentence, or grant a further reprieve. He shall annually communicate to the Legislature each case of reprieve, commutation, or pardon granted; stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of tlie commutation, pardon, or reprieve. Sec. 6. In case of the impeachment of the Governor, or his removal from office, death, inability to discharge the powers and duties of the said office, resignation or absence from the State, the powers and du- ties of the ofiice shall devolve upon the Lieutenant-Governor for the residue of the term, or until the disability shall cease. But when the Governor shall, with the consent of the Legislature, be out of the State in time of war, at the head of a military force thereof, he shall continue Commander-in-Chief of all the military force of the State. Sec. 7. The Lieutenant-Governor shaXl Tpossess the same quahfioa- tions of eligibility for office as the Governor. He shall be President of the Senate, but shall have only a casting vote therein. If during a vacancy of the office of Governor, the Lieutenant-Governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of his office, or he be absent from the State, the President of the Senate shall act as Governor until the vacancy be filled, or the disability shall cease. Sec. 8. The Lieutenant- Governor shall, while acting as such, receive a compensation which shall be fixed by law, and which shall not be increased or diminished during his continuance in office. Sec. 9. Every bill which shall have passed the Senate and Assem- bly, shall, before it becomes a law, be presented to the Governor ; if he approve, he shall sign it ; but if not, he shall return it with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to recon- sider it. If, after such consideration, two tliirds of the members prei-ent shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be recon- sidered ; and if approved by two thirds of all the members present it shall become a law, notwithstanding the objections of the Governor. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the members voting for and against the bill shall be entered on the journal of each House re- 336 APPENDIX. spectively. If any bill shall not be returned by the Governor within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Legislature shall, by their adjournment, prevent its return ; in which case it shall not be a law. ARTICLE V. Section 1. The Secretary of State, Comptroller, Treasurer, and At- torney-General shaM be chosen at a general election, and shall hold their ofSces for two years. Each of the officers in this article named (except the Speaker of the Assembly) shall at stated times, during his continuance in oflice, receive for his services a compensation, which shall not be increased or diminished during the term for which he shall have been elected ; nor shall he receive, to his use, any fees or perquisites of office, or other compensation. Skc. 2. A State Engineer and Surveyor shall be chosen at a general election, and shall hold his office two years, but no person shall be elected to said office who is not a practical engineer. Sec 3. Three Canal Commisaioners shall be chosen at the general election which shall be held next after the adoption of this Constitu- tion, one of whom shall hold his office for one 3''ear, one for two years, and one for three years. The Commissioners of the Canal Fund shall meet at the capitol on the first ilonday of January next after such election, and determine by lot which of said Commissioners shall hold his office for one year, which for two, and which for three years ; and there shall be elected annually, thereafter, one Canal Commissioner, who shall hold his office for three years. Sec. 4. Three Inspectors of State Prisons shall be elected at the general election which shall be held next after the adoption of this Constitution, one of whom shall hold his office for one year, one for two years, and one for three years. The Governor, Secretary of State, and Comptroller shall meet at the capitol on the first Monday of Janu- ary next succeeding such election, and determine by lot which of said Inspectors shall hold his office for one year, which for two, and which for three j-ears: and there shall be elected annually thereafter, one Inspector of State Prisons, who shall hold his office for three years ; said inspectors shall have the charge and sujierintendence of the State prisons, and shall appoint all the officers therein. All vacan- cies in the office of such Inspector shall be filled by the Governor till the next election. Six. -5. The Lieutenant-Governor, Speaker of the Assembly, Sccre- tnry of State, Comptroller, Treasurer, Attorney-General, and State Engineer and Surveyor, shall be the Commissioners of the Land Office. COSSTITUTION OF STATE OF NEW YORK. 337 The Lieutenant-Governor, Secretary of State, Comptroller, Treasurer, and Attorney-General shall be the Commissioners of the Canal Fund. The Canal Board shall consist of the Commissioners of the Canal Fund, the State Engineer and Surveyor, and the Canal Commis- sioners. Sec. 6. The poioers and duties of the respective boards, and of the several officers in this article mentioned, shall be such as now are or hereafter may be prescribed by law. Sec. 7. The Treasurer may be suspended from office by the Gov- ernor, during the recess of the Legislature, and until thirty days after the commencement of the next session of the Legislature, whenever it shall appear to him that such Treasurer has, in any particular, vio- lated his duty. The Governor shall appoint a competent person to discharge the duties of the office during such suspension of the Treas- urer. Sec 8. All offices for the weighing, gauging, measuring, culling, or inspecting any merchandise, produce, manufacture, or commodity whatever, are hereby abohshed, and no such office shall hereafter be created by law ; but nothing in this section contained shall abrogate any office created for the purpose of protecting the public health or the interests of the State in its property, revenue, tolls, or purchases, or of supplying the people with correct standards of weights and measures, or shall prevent the creation of any office for such purposes hereafter. ARTICLE VI. [As modified by constitutional Amendment adopted by the people in November, 1869.] Section L The Assembly shall have the power of impeachment, by a vote of the majority of all the members elected. The court for the trial of impeachments shall be composed of the President of the Senate, the Senators, or a major part of them, and the judges of the Court of Appeals, or the major part of them. On the trial of an im- peachment against the Governor, the Lieutenant-Governor shall not act as a member of the court. No judicial officer shall exercise his office, after articles of impeachment against him shall have been pre- ferred to the Senate, until he shall have been acquitted. Before the trial of an impeachment, the members of the court shall take an oath or affirmation, truly and impartially to try the impeachment accord- ing to evidence ; and no person shall be convicted without the con- currence of two thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from nffice, or removal from office and disqualification to hold and enjoy any 22 338 APPENDIX. office of honor, trust, or profit, under this State; but the party im- peached shall be liable to indictment and punishment according to law. Sec. 2. There shall be a Court of Appeals composed of a Chief Judge and six Associate Judges, who shall be chosen by the electors of the State, and shall hold their office for a term of fourteen years from and including the first day of January next after their election. At the first election of judges, under this Constitution, every elector may vote for the Chief and only four of the Associate Judges. Any five members of the court shall form a quorum, and the concurrence of four shall be necessary to a decision. The court shall have the appointment, with the power of removal, of its Reporter and Clerk, and of such attendants as may be necessary. Sec 3. When a vacancy shall occur, otherwise than by expiration of term, in the office of Chief or Associate Judge of the Court of Appeals, the same shall be filled, for a fuU term, at the next general election happening not less than three months after such vacancy occurs ; and until the vacancy shall be so filled, the Governor, by and with the advice and consent of the Senate, if the Senate shall be in session, or if not the Governor alone, may appoint to fill such va- cancy. If any such appointment of Chief Judge shall be made from among the Associate Judges, a temporary appointment of Associate Judge shall be made in like manner; but in such case the person appointed Chief Judge shall not be deemed to vacate his office of Associate Judge any longer than until the expiration of his appoint- ment as Chief Judge. The powers and jurisdiction of the court shall not be suspended for want of appomtment or election, when the number of judges is s\ifficient to constitute a quorum. All appoint- ments under this section shall continue until and including the last day of December next after the election at which the vacancy shall be" filled. Sec 4. Upon the organization of the Court of Appeah, under this article, the causes then pending in the present Court of Appeals shall become vested in the Court of Appeals hereby established. Such of .■said causes as are pending on the first day of January, one thousand oiL'ht hundred and sixty-nine, shall be heard and determined by a Cuiumission, to be composed of five Commissioners of Appeals, four of whom shall be necessary to constitute a quorum. But the Court of Appeals hereby established may order any of said causes to be heard therein. Such Commission shall be composed of the Judges of the present Court of Appeals, elected or appointed tliereto, and a fifth Commisfioncr who shall be appointed by the Governor, by and with the advice and consent of the Senate ; or, if the Senate be not in ses- sion, by the Governor ; but in such case the appointment shall expire at the end of the next session. CONSTITUTION OF STATE OF NEW YORK. 339 Sec. 5. If any vacancy shall occur in the office of the said Commis- sioners, it shall be filled by appointment by the Grovernor, by and with the advice and consent of the Senate ; or, if the Senate is not in ses- sion, by the G-overnor ; but in such case the appointment shall expire at the end of the next session. The Commissioners shall appoint, from their number, a Chief Commissioner, and may appoint and re- move such attendants as may be necessary. The Reporter of tlie Court of Appeals shall bo the Reporter of said Commission. The decisions of the Commission shall be certified to, and entered and enforced, as the judgments of the Court of Appeals. The Commis- sion shall continue until the causes committed to it are determined, but not exceeding three years ; and all causes then undetermined shall be heard by the Court of Appeals. Sec. 6. There shall be the existing Supreme Court, with general jurisdiction' in law and equity, subject to such appellate jurisdiction of the Court of Appeals as now is or may be prescribed by law ; and it shall be composed of the justices now in office, who shall be con- tinued during their respective terms, and of their successors. The existing judicial districts of the State are continue'd until changed pursuant to this section. Five of the justices shall reside in the dis- trict in which is the city of New York, and four in each of the other districts. The Legislature may alter the districts without increasing the num- ber, once after every enumeration, under this Constitution, of the inhabitants of this State. Sec. 7. At the first session of the Legislature after the adoption of this article, and from time to time thereafter as may be necessary, but not oftener than once in five years, provision shall be made for or- ganizing, in the Supreme Court, not more than four General Terms thereof, each to be composed of a presiding justice and not more than three other justices, who shall be designated, according to law, from the whole number of justices. Each presiding justice shall continue to act as such during his term of ofBce. Provision shall be made by law for holding the General Terms in each Judicial District. Any Justice of the Supreme Court may hold Special Terms and Circuit Courts, and may preside in Courts of Oyer and Terminer, in any county. Sec 8. No judge or justice shall sit at a General Term of any court, or in the Court of Appeals, in review of a decision made by him or by any court of which he was at the time a sitting member. The testimony in equity cases shall be taken in like manner as in cases at law ; and, except as herein otherwise provided, the Legislature shall have the same power to alter and regulate the jurisdiction and pro- ceedings in law and equity as they have heretofore exercised. 340 APPENDIX. Sec. 9. AVhen a vacancy shall occur, otherwise than by expiration of term, in the office of Justice of the Supreme Court, the same shall be filled for a full term, at the next general election, happening not less than three months after such vacancy occurs ; and until any va- cancy shall be so filled, the Governor, by and with the advice and consent of the Senate, if the Senate shall be in session, or, if not in session, the Governor may appoint to fill such vacancy. Any such appointment shall continue until and including the last day of Decem- ber next after the election at which the vacancy shall be filled. Sec. 10. The judges of the Court of Appeals, and the justices of the Supreme Court, shall not hold any other office of public trust. All votes for any of them, for any other than a judicial office, given by the Legislature or the people, shall be void. Sec. 11. Judges of the Court of Appeals and justices of the Su- preme Court may he removed by concurrent resolution of both Houses of the Legislature, if two thirds of all the members elected to each House concur therein. All judicial officers, except those mentioned in this section, and except Justices of the Peace and judges and justices of the inferior courts not of record, may be removed by the Senate on the recomlnendation of the Governor, if two thirds of all the members elected to the Senate concur therein. But no re- moval shall be made, by virtue of this section, unless the cause thereof be entered on the journals, nor unless the party complained of shall have been served with a copy of the charges against him, and shall have had an opportunity of being heard. On the question of removal the yeas and nays shall be entered on the journal. Sec. 12. The Superior Court of the city of New York, the Court of Common Pleas for the city and county of New York, the Superior Court of Buffalo, and the City Court of BrooMyn, are continued with the powers and jurisdiction they now severally have, and such fur- ther civil and criminal jurisdiction as may be confeijed by law. The Superior Court of New York shall be composed of the six judges in office at the adoption of this article, and their successors; the Court of Common Pleas of New York, of the three judges then in office, and their successors, and three additional judges ; the Superior Court of Buffalo, of the judges now in office and their successors ; and the City Court of Brooklyn, and such number of judges, not exceeding three, as may be provided by law. The judges of said courts, in office at the adoption of this article, are continued until the expira- tion of their terms. A Chief Judge shall be appointed by the judges of each of said courts, from their own number, wlio shall act as such during his official term. Vacancies in the office of the judges named in this section, occurring otherwise than by expiration of term, sliall be filled in the same manner as vacancies in the Supreme Court. The CONSTITUTION OF STATE OF NEW YORK. 341 Legislature may provide for detailing judges of the Superior Court and Court of Common Pleas of New York, to hold circuits or special terms of the Supreme Court in that city, as the public interests may require. Sec. 13. Justices of the Supreme Court shall be chosen by the elec- tors of their respective judicial districts. Judges of all the courts mentioned in the last preceding section shall be chosen by the elec- tors of the cities respectively in which the said courts are instituted. The official terms of the said justices and judges who shall be elected after the adoption of this article shall be fourteen years from and including the first day of January next after their election. But no person shall hold the office of Justice or Judge of any court longer than until and including the last day of December next after he shall be seventy years of age. Sec. 14. The judges and justices hereinbefore mentioned shall receive for their services a compensation to be established by law, which shall not be diminished during their official terms. Except the judges of the Court of Appeals and the justices of the Supreme Court, they shall be paid, and the expenses of their courts defrayed, by the cities or counties in which such courts are instituted, as shall be provided by law. Sec. 15. The existing County Coiirts are continued, and the judges thereof in office at the adoption of this article shall hold their offices until the expiration of their respective terms. Their successors shall be chosen by the electors of the counties for the term of six years. The county courts shall have the powers and jurisdiction they now possess, until altered by the Legislature. They shall also have origi- nal jurisdiction in all cases where the defendants reside in the county, and in which the damages claimed shall not exceed one thousand dol- lars ; and also such appellate jurisdiction as shall be provided by law, subject, however, to such provision as shall be made by law for the removal of causes into the Supreme Court. They shall also have such other original jurisdiction as shall, from time to time, be con- ferred upon them by the Legislature. The County Judge with two Justices of the Peace, to be designated according to law, may hold Courts of Sessions, with such criminal jurisdiction as the Legislature shall prescribe, and he shall perform such other duties as may be re- quired by law. His salary, and the salary of the Surrogate when elected as a separate officer, shall be established by law, payable out of the county treasury, and shall not be diminished during his term of office. The Justices of the Peace shall be paid, for services in courts of sessions, a per diem allowance out of the county treasury. The County Judge shall also be Surrogate of his county; but in counties having a population exceeding forty thousand the Legisla- 342 APPENDIX, ture may provide for the election of a separate officer to be Surrogate, whose term of office shall be the same as that of the County Judge. The County Judge of any county may preside at Courts of Sessions or hold county courts in any other county, except New York and Kings, when requested by the Judge of such other county. Sec. 16. The Legislature may, on the application of the Board of Supervisors, provide for the election of local officers, not to exceed two in any County, to discharge the duties of County Judge and of Surrogate, in cases of their inability, or of a vacancy, and to exercise such other powers in special cases as may be provided by law. Sec 17. The Legislature shall provide for submitting to the elec- tors of the State at the general election in the year eighteen hundred and seventy-three two questions, to be voted upon on separate bal- lots, as follows : First, " Shall the offices of Chief Judge and Associate Judge of the Court of Appeals, and of Justice of the Supreme Court, be hereafter filled by appointment?" If a majority of the votes upon the question shall be in the affirmative, the said offices shall not thereafter be elective, but, as vacancies occur, they shall be CUed by appointment by the Governor, by and with the advice and consent of the Senate ; or, if the Senate be not in session, by the Governor ; but in such case he shall nominate to the Senate when next con- vened, and such appointment by the Governor alone shall expire at the end of that session. Second, " Shall the offices of the judges mentioned in Sections Twelve and Fifteen of Article Six of the Con- stitution be hereafter filled by appointment?" If a majority of votes upon the question shall be in the affirmative, the said offices shall not thereafter be elective, but, as vacancies occur, they shall be filled in the manner in the section above provided. Sec 18. The electors of the several towns shall, at their annual town meeting, and in such manner as the Legislature may direct, elect Justices of the Peace, whose term of office shall be four years. In case of an election to fill a vacancy occurring before the expiration of a full term, they shall hold for the residue of the unexpired term. Their number and classification may be regulated by law. Justices of the Peace and judges or justices of inferior courts not of record, and their clerks, may be removed, after due notice and an opportu- nity of being heard by such court as may be prescribed by law, for cause to be assigned in the order of removal. Justices of the Peace and District Court Justices shall be elected in the diflercnt cities of this State, in such manner, and with such powers, and for such terms, respectively, as shall be prescribed by law ; all other judicial officers in cities, whose election or appointment is not otherwise provided for in this article, shall be chosen by the electors of cities, or appointed by some local authorities thereof. COXSTITCTION OF STATE OF NEW YORK. 343 Sec. 19. Inferior local courts of civil and criminal jurisdiction may be established by tlie Legislature ; and except as herein otherwise provided, all judicial officers shall be elected or appointed at such times, and in such manner, as the Legislature may direct. Sec. 20. Clerks of the several counties shall be clerks of the Su- preme Court, with such powers and duties as shall be prescribed by law. The Clerk of the Court of Appeals shall keep his office at the seat of government. His compensation shall be fixed by law, and paid out of the public treasury. Sec. 21. No judicial officer, except Justices of the Peace, shall re- ceive to his own use any fees or perquisites of office ; nor shall any Judge of the Court of Appeals, Justice of the Supreme Court, or Judge of a Court of Record in the cities of New York, Brooklyn, or Buffalo, practise as an attorney or counsellor in any Court of Eecord in this State, or act a.s referee. Sec 22. The Legislature may authorize the judgments, decrees, and decisions of any Court of Record of original civil jurisdiction, estab- lished in a city, to be removed for review, directly into the Court of Appeals. Sec. 23. The Legislature shall provide for the speedy publication of all statutes, and also for the appointment, by the justices of the Supreme Court designated to hold general terms, of a reporter of the decisions of that court. All laws and judicial decisions shall be free for publication by any person. Sec. 24. The first election of judges of the Court of Appeals, and of the tliree additional judges of the Court of Common Pleas for the city and county of New York, shall take place on such day, between the first Tuesday of April and the second Tuesday in June, next after the adoption of this article, as may be provided by law. The Court of Appeals, the Commissioners of Appeals, and the additional judges of the said Court of Common Pleas, shall respectively enter upon their duties on the first Monday of July thereafter. Sec 25. Surrogates, Justices of the Peace, and local judicial officers provided for in Section Sixteen, in office when this article shall take effect, shall hold their respective offices until the expiration of their terms. Sec 26. Courts of Special Sessions shall have such jurisdiction of offences of the grade of misdemeanors as may be prescribed by law. Sec 27. For the relief of Surrogates^ Courts^ the Legislature may confer upon Courts of Record, in any county having a population ex- ceeding four hundred thousand, the powers and jurisdiction of Sur- rogates, with authority to try issues of fact by jury, in probate cases. 344 APPENDIX. ARTICLE VIL Section 1. After paying the expenses of collection, superintendence, and ordinary repairs, there shall be appropriated and set apart in each fiscal year, out of the revenues of the State canals in each year, commencing on the first day of June, one thousand eight hundred and forty-six, tlie sum of one million and three hundred thousand dollars, until the first day of June, one thousand eight hundred and fifty-five, and from that time the sum of one million and seven hun- dred thousand dollars in each fiscal year, as a sinking fund to pay the interest and redeem the principal of that part of the State debt called the canal debt, as it existed at the time first aforesaid, and including three hundred thousand dollars then to be borrowed, until the same shall be wholly paid ; and the principal and income of the said sink- ing fund shall be sacredly applied to that purpose. Sec. 2. After complying with the provisions of the first section of this article, there shall be appropriated and set apart out of the sur- plus revenues of the State canals, in each fiscal year, commencing on the first day of June, one thousand eight hundred and forty-six, the sum of three hundred and fifty thousand dollars, until the time when a sufficient sum shall have been appropriated and set apart, under the said Pirst Section, to pay the interest and extinguish the entire prin- cipal of the canal debt ; and after that period, then the simi of one miUion and five hundred thousand dollars in each fiscal year, as a sinking fund, to pay the interest and redeem the principal of that part of the State debt called the general fund debt, including the debt for loans of the State credit to railroad companies which have failed to pay the interest thereon, and also the contingent debt on State stocks loaned to incorporate companies which have hitherto paid the interest thereon, whenever and as far as any part thereof may become a charge on the treasury or general fund, until the same shall be wholly paid ; and the principal and income of the said last-mentioned sinking fund shall be sacredly applied to the purpose aforesaid ; and if the payment of any part of the moneys to the said sinking fund shall at any time be deferred by reason of the priority recognized in the First Section of this article, the sum so deferred, with quarterly interest thereon, at the then current rate, shall be paid to the last-mentioned sinking fund, as soon as it can be done consistently with the just rights of the cred- itors holding said canal debt. Sec 3.* After paying the said expenses of collection, superinten- dence, and repairs of the canals, and the sums appropriated by the * Substituted for Section Three of Article Seven of the original Constitution, bv amendment of 1864. CONSTITUTION OF STATE OF NEW YORK. 345 first and second sections of this article, there shall be appropriated and set apart in each fiscal year, out of the surplus revenues of the canals, as a sinking fund, a sum sufficient to pay the interest as it falls due, and extinguish the principal within eighteen years, of any loan made under this section ; and if the said sinking fund shall not be sufficient to redeem any part of the principal at the stipulated times of payment, or to pay any part of the interest of such loans as stipu- lated, the means to satisfy any such deficiency shall be procured on tlic credit of the said sinking fund. After complying with the fore- going provisions, there shall be paid annually out of said revenues, into the treasury of the State, two hundred thousand dollars, to de- fray the necessary expenses of government. The remainder shall, in each fiscal year, be applied to meet the appropriations for the enlarge- ment and completion of the canals mentioned in this section, until the said canals shall be completed. In each fiscal year thereafter the remainder shall be disposed of in such manner as the Legislature may direct, but shall at no time be anticipated or pledged ibr more than one year in advance. The Legislature shall annually, during the next four years, appropriate to the enlargement of the Erie, the Oswego, the Cayuga, and Seneca Canals, and to the completion of the Black River and Genesee Valley Canals, and for the enlargement of the locks of the Champlain Canal, whenever, from dilapidation or decay, it shall be necessary to rebuild tliem, a sum not exceeding two mil- lions two hundred and fifty thousand dollars. The remainder of the revenues of the canals, for the current fiscal year in which such ap- propriation is made, shall be applied to meet such appropriation ; and if the same shall be deemed insufficient, the Legislature shall, at the same session, provide for the deficiency by loan. The Legislature shall also borrow one million and five hundred thousand dollars, to refund to the holders of the canal revenue certificates issued under the provisions of chapter four hundred and eighty-five of the Laws of the year one thousand eight hundred and fifty-one, the amount received into the treasury thereon; but no interest to accrue after July first, one tliousand eight hundred and fifty-five, shall be paid on such certificates. The provisions of Section Twelve of this article, re- quiring every law for borrowing money to be submitted to the peo- ple, shall not apply to the loans authorized by this section. No part of the revenues of the canals, or of the funds borrowed under this section, shall be paid or applied upon in consequence of any alleged contract made under chapter four hundred and eighty-five of the Laws of the year one thousand eight hundred and fifty-one, except to pay for work done or materials furnished prior to the fii'st day of June, one thousand eight hundred and fifty-two. The rates of toll on persons and property transported on the canals shall not be 346 APPENDIX. reduced below those for the year one thousand eight hundred and fifty-two, except by the Canal Board with the concurrence of the Legislature. All contracts for work or materials on any canal shall be made with the person who shall offer to do or provide the same at the lowest price with adequate security for their performance. Sec. 4. The claims of the State against any incorporated company to pay the interest and redeem the principal of the stock of the State loaned or advanced to such company, shall be fairly enforced, and not released or compromised ; and the moneys arising from such claims shall be set apart, and applied as part of the sinking fund provided in the second section of this article. But the time limited for the ful- filment of any condition of any release or compromise heretofore made or provided for, may be extended by law. Sec. 5. If the sinking funds, or either of them provided in this article, shall prove insufficient to enable the State, on the credit of such fund, to procure the means to satisfy the claims of the creditors of the State as they become payable, the Legislature shall by equita- ble taxes so increase the revenues of the said funds as to make them, respectively, sufficient perfectly to preserve the public faith. Every contribution or advance to the canals, or their debt, from any source other than their direct revenues, shall, with quarterly interest, at the rates then current, be repaid into the treasury, for the use of the State, out of the canal revenues, as soon as it can be done consistently with the just rights of the creditors holding the said canal debt. Sec. 6. The Legislature shall not sell, lease, or otherwise dispose of any of the canals of the State ; but they shall remain the property of the State and under its management forever. Sec 7. The Legislature shall never sell or dispose of the salt springs belonging to this State. The lands contiguous thereto, and which may be necessary and convenient for the use of the salt springs, may be sold by authority of law and under the direction of the Commission- ers of the Land Office, for the purpose of investing the moneys arising therefrom in other lands alike convenient; but by such sale and purchase the aggregate quantity of these lands shall not be dimin- ished. Sec. 8. No moneys shall ever be paid out of the treasury of this State, or any of its funds, or any of the funds under its management, except in pursuance of an appropriation by law ; nor unless such pay- ment be made within two years next after the passage of such appro- priation act; and every such law, making a new appropriation or continuing or reviving an appropriation, shall distinctly specify the sum appropriated, and the object to which it is to be applied : and it shall not be sufficient for such law to refer to any other law to fix such sum. CONSTITUTION OF STATE OF NEW YORK. 347 Sec. 9. The credit of the State shall not, in any manner, be given or loaned to or in aid of any individual association or corporation. Sec. 10. The State may, to meet casual deficits or failures in reve- nues, or for expenses not provided for, contract debts, but such debts, direct and contingent, singly or in the aggregate, shall not at any time exceed one million of dollars, and the moneys arising from the loans creating such debts shall be applied to the purpose for which they were obtained or to repay the debt so contracted, and to no other purpose whatever. Sec 11. In addition to the above limited power to contract debts, the State may contract debts to repel invasion, suppress insurrection, or defend the State in war ; but the money arising from the contract- ing of such debts shall be applied to the purpose for which it was raised or to repay such debts, and to no other purpose whatever. Sec 12. Except the debts specified in the tenth and eleventh sec- tions of this article, no debt shall be hereafter contracted by or on behalf of this State, unless such debt shall be authorized by a law, for some single work or object, to be distinctly specified therein ; and such law shall impose and provide ibr the collection of a direct an- nual tax to pay, and sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal of such debt within eighteen years from the time of the contracting thereof No such law shall take effect until it shall at a general election have been submitted to the people, and have received a majority of all the votes cast for and against it, at such election. On the final passage of such bill in either House of the Legislature, the question shall be taken by ayes and noes, to be duly entered on the journals thereof, and shall be : " Shall this bill pass, and ought the same to receive the sanction of the people ? " The Legislature may at any time, after the approval of such law by the people, if no debt shall have been contracted in pursuance thereof, repeal the same ; and may at any time, by law, forbid the contracting of any further debt or liability under such law ; but the tax imposed by such act, in proportion to the debt and lia- bility which may have been contracted, in pursuance of such law, shall remain in force and be irrepealable, and be annually collected, until the proceeds thereof shall have made the provision hereinbefore specified to pay and discharge the interest and principal of such debt and liability. The money arising from any loan or stock creating such debt or liability shall be applied to the work or object specified in the act authorizing such debt or liability, or for the repayment of such debt or liabiUty, and for no other purpose whatever. No such law shall be submitted to be voted on within three months after its passage, or at any general election when any other law, or any bill, Or any amendment to the Constitution, shall be submitted to be voted for or apainst. 348 APPENDIX. Sec. 13. Every law which imposes, continues, or revives a tax, shall distinctly state the tax and the object to which it is to be apphed ; and it shall not be sufficient to refer to any other law to fix such tax or object. Sec. 14. On the final passage, in either House of the Legislature, of every act which imposes, continues, or revives a tax or creates a debt or charge, or makes, continues, or revives any appropriation of public or trust money, or property, or releases, discharges, or com- mutes any claim or demand of the State, the question shall be taken hy ayes and noes, which shall be duly entered on the journals, and three fifths of all the members elected to either House shall, in all such cases, be necessary to constitute a quorum therein. ARTICLE Vin. Section!. Corporations may be formed under general laws ; but shall not be created by special act, except for municipal purposes, and in cases where, in the judgment of the Legislature, the objects of the corporation cannot be attained under general laws. All general laws and special acts passed pursuant to this section may be altered from time to time, or repealed. Sec 2. Dues from corporations shall be secured by such individual liability of the corporators and other means as may be prescribed by law. Sec. 3. The term " corporation," as used in this article, shall be con- strued to include all associations and joint-stock companies having any of the powers and privileges of corporations not possessed by individuals or partnerships. And all corporations shall have the right to sue and shall be subject to be sued in all courts in like cases as nat- ural persons. Sec. 4. The Legislature shall have no power to pass any act grant- ing any special charter for hanking purposes; but corporations or associations may be formed for such purposes under general laws. Sec. 5. The Legislature shall have no power to pass any law sanc- tioning in any manner, directly or indirectly, the suspension of specie payments, by any person, association, or corporation issuing bank- notes of any description. Sec. 6. The Legislature shall provide by law for the registry of all bills or notes, issued or put in circulation as money, and shall require ample security for the redemption of the same in specie. Sec 7. The stockholders in every corporation and joint-stock asso- ciation for banking purposes, issuing bank-notes or any kind of paper credits to circulate as money, after the first day of January, one thousand eight hundred and fifty, shall be individually responsible, to CONSTITUTION OF STATE OF NEW YORK. 349 the amount of their respective share or shares of stock in any such corporation or association, for all its debts and liabilities of every kind, contracted after the said first day of January, one thousand eight hun- dred and fifty. Sec. 8. In case of the insolvency of any bank or banking associa- tion, the bill-holders thereof shall be entitled to preference in payment over all other creditors of such bank or association. Sec. 9. It shall be the duty of the Legislature to provide for the organization of cities atid incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments, and in contracting debt by such municipal corporation. ARTICLE IX. Section 1. The capital of the Common School Fund, the capital of the Literature Fund, and the capital of the United States Deposit Fund, shall be respectively preserved inviolate. The revenues of the said Common School Fund shall be applied to the support of common schools, the revenues of the said Literature Fund shall be applied to the support of academies, and the sum of twenty-five thousand dol- lars of the revenues of the United States Deposit Fund shall each year be appropriated to and made a part of the capital of the said Common School Fund. ARTICLE X. Seotiok 1. Sheriffs, clerks of counties, including the Register and Clerk of the city and county of New York, coroners, and district- attorneys shall be chosen by the electors of the respective counties once in every three years, and as often as vacancies shall happen. Sherifis shall hold no other office, and be ineligible for the next three years after the termination of their offices. They may be required by law to renew their security from time to time : and, in default of giving such new security, their offices shall be deemed vacant. But the county shall never be made responsible for the acts of the Sheriff. The Governor may remove any officer in this section mentioned, within the term for which he shall have been elected ; giving to such officer a copy of the charges against him, and an opportunity of being heard in his defence. Sec. 2. All county officers whose election or appointment is not provided for by this Constitution shall be elected by the electors of the respective counties, or appointed by the Boards of Supervisors, or other county authorities, as the Legislature shall direct. All city, 350 APPENDIX. town, and village officers, whose election or appointment is not pro- vided for by this Constitution, shall be elected by the electors of such cities, towns, and villages, or of some division thereof, or appointed by such authorities thereof as the Legislature shall designate for that purpose. All other officers whose election or appointment is not pro- vided for by this Constitution, and all officers whose offices may here- after be created by law, shall be elected by the people, or appointed as the Legislature may direct. Sec. 3. When the duration of any office is not provided by this Constitution, it may be declared by law; and if not so declared, such office shall be held during the pleasure of the authority making the appointment. Sec 4. The electing all officers named in this article shall be pre- scribed by law. Sec. 5. The Legislature shall provide for filling vacancies in office, and, in case of elective officers, no person appointed to fill a vacancy shall hold his office by virtue of such appointment longer than the commencement of the political year next succeeding the first annual election after the happening of the vacancy. Sec 6. The political year and legislative term shall begin on the first day of January ; and the Legislature shall, every year, assemble on the first Tuesday in January, unless a different day be appointed by law. Sec 7. Provision shall be made by law for the removal, for mis- conduct or malversation in office, of all officers (except judicial) whose powers and duties are not local or legislative, and who shall be elected at general elections, and also for supplying vacancies created by such removal. Sec. 8. The Legislature may declare the cases in which any office shall be deemed vacant, when no provision is made for that purpose in this Constitution. ARTICLE XI. Section 1. The militia of this State shall, at all times hereafter, be armed and disciphned, and in readiness for service ; but all such inhab- itants of this State, of any religious denomination whatever, as from scruples of conscience may be averse to bearing arms, shall be excused therefrom, upon such conditions as shall be prescribed by law. Sec 2. Militia officers shall be chosen or appointed as follows : Captains, subalterns, and non-commissioned officers shall be chosen by the written votes of the members of their respective companies ; field officers of regiments and separate battalions, by the written votes of the commissioned officers of their respective regiments and sepa- rate battalions ; brigadier-generals and brigade inspectors by the field CONSTITUTION OF STATE OF NEW YORK. 351 officers of their respective brigades ; major-generals, brigadier-gen- erals, and commanding officers of regiments or separate battalions shall appoint the staff officers to their respective divisions, brigades, regiments, or separate battalions. Sec. 3. The Oovernor shall nominate, and, with the consent of the Senate, appoint all major-generals, and the commissary-general. The adjutant-general and other chiefs of staff departments, and aides-de- camp of the Commander-in-Chief, shall be appointed by the Governor, and their commissions shall expire vrith the time for which the Gov- ernor shall have been elected. The commissary-general shall hold his office for two years. He shall give security for the faithful exe- cution of the duties of his office, in such manner and amount as shall be prescribed by law. Sec 4. The Legislature shall, by law, direct the time and manner of electing militia officers, and of certifying their elections to the Governor. Sec. 5. The commissioned officers of the mihtia shall be commis- sioned hy the Governor; and no commissioned officer shall be re- moved from office, unless by the Senate on the recommendation of the Governor, stating the grounds on which such removal is recom- mended, or by the decision of a court-martial, pursuant to law. The present officers of the militia shall hold their commissions subject to removal as before provided. Sec 6. In case the mode of election and appointment of militia officers hereby directed, shall not be found conducive to the improve- ment of the militia, the Legislature may abolish the same and provide by law for their appointment and removal, if two thirds of the mem- bers present in each House shall concur therein. ARTICLE XIL Section 1. Members of the Legislature, and all officers, executive and judicial, except such inferior officers as may be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation : — " I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States and the Constitution of the State of New York ; and that I will faithfully discharge the duties of the office of according to the best of my ability." And no other oath, declaration, or test shall be required as a quali- fication for any office or public trust. 352 APPENDIX. ARTICLE XIII. Section 1. Any amendment or amendments to this Constitution may be proposed in the Senate and Assembly ; and if the same shall be agreed to by a majority of the members elected to each of the two Houses, such proposed amendment or amendments shall be en- tered on their journals with the yeas and nays taken thereon, and referred to the Legislature to be chosen at the next general election of senators, and shall be published for three months previous to the time of making such choice ; and if in the Legislature so next chosen as aforesaid such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each House, then it shall be the duty of the Legislature to submit such proposed amend- ment or amendments to the people, in such manner and at such time as the Legislature shall prescribe ; and if the people shall approve and ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the Legislature voting thereon, such amendment or amendments shall become part of the Constitution. Sec. 2. At the general election to be held in the year eighteen hundred and sixty-six, and in each twentieth year thereafter, and also at such time as the Legislature may by law provide, the question, " Shall there be a Convention to revise the Constitution and amend the same ? " shall be decided by the electors qualified to vote for members of the Legislature ; and in case a majority of the electors so qualified, voting at such election, shall decide in favor of a Con- vention for such purpose, the Legislature at its next session shall provide by law for the election of delegates to such Convention. Done in Convention at the capitol in this city of Albany the ninth day of October, one thousand eight hundred and sixty-six, and of the Independence of the United States of America the ninety-first. JOHN TRACY, President, and Delegate from the county of Chenango. Ja.mes F. Starbuck, J H. W. Strong, > Secretaries. Fr. Seger, 1 CONSTITUTION OF STATE OF NEW YORK. 353 THE CONSTITUTION OF THE STATE OF NEW YOEK. Adopted November 3, 1846. ARTICLE I. Sectiojt Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Sec. 10. Sec. 11. Sec. 12. ■Sec. 13. Sec. 14. Sec. 15. Sec. 16. Sec. 17. 1. No person to be disfranchised. Trial by jury. Religious liberty. Writ of habeas corpus. Bail, fines. Grand jury. Private property — Private roads. Freedom of speech and of the press. Two-third bills. Right of petition — Divorces — Lotteries. Right of property in lands — Escheats. Feudal tenures abolished. Allodial tenure. Certain leases invaUd. Fines and quarter sales abolished. Sale of lands. Old colony laws and acts of the Legislature — Common law — Commissioners to be appointed — their duties. Sec. 18. Grants of land since 1775 — Prior grants. ARTICLE IL Section 1. Qualification of voters — Freehold required for a man of color. Sec. 2. Persons excluded from right of sufirage. Sec. 3. Certain employments not to affect residence of voters. Sec. 4. Laws to be passed. Sec. 5. Election to be by ballot. ARTICLE in. Section 1. Legislative powers. Sec. 2. Senate, number of — Assembly, number of. Sec. 3. State divided into thirty-two senatorial districts — bounda- ries thereof — Board of Supervisors of the city of New York to 23 354 APPENDIX. divide the county into four Senate districts — Certificate, &c., to be filed. Sec. 4. Census to be taken in 1855, and every ten years — Senate districts, how altered. Sec. 5. Members of Assembly, how apportioned and chosen — Boards of Supervisors in certain counties to divide the same into Assembly districts — Description of Assembly districts to be filed — Contents of assembly districts — Legislature to reapportion members of Assembly — Each county entitled to one member — Hamilton County. Sec. 6. Pay of members — Additional compensation to Speaker. Seo. 7. No member to receive an appointment. Sec. 8. Persons disqualified from being members. Sec. 9. Time of election fixed. Sec. 10. Powers of each House. Sec 11. Journals to be kept. Sec 12. No member to be questioned, &c. Sec 13. Bills may originate in either House. Sec. 14. Enacting clause of bills. Sec 15. Assent of a majority of all the members required, &o. Sec 16. Restriction as to private and local bills. Sec. 17. Local legislative powers conferred on Boards of Super- visors. ARTICLE IV. Sectio:j 1. Executive power, how vested. Sec. 2. Requisite qualifications of Governor. Sec 3. Time and manner of electing Governor and Lieutenant- Governor. Sec. 4. Duties and power of Governor — His compensation. Sec 5. Pardoning power vested in the Governor. Sec 6. Powers of Governor to devolve on Lieutenant-Governor. Sec. 7. Requisite qualifications of Lieutenant-Governor — To be President of the Senate, and to act as Governor in certain cases. Sec 8. Compensation of Lieutenant-Governor in certain cases. Sec 9. Bills to be presented to the Governor for signature — If re- turned by him with objections, how disposed of — Bills to be returned within ten days. ARTICLE V. Section 1. State officers, how elected, and terms of office. Sec 2. State Engineer and Surveyor, how chosen, and term of of&ce. CONSTITUTION OF STATE OF NEW YORK. 355 Sec. 3. Canal Commissioners, how chosen, and terms of office. Sec. 4. Inspectors of State Prisons, how elected, and terms of office. Sec 5. Commissioners of the Land Office — Commissioners of the Canal Fund — Canal Board. Sec 6. Powers and duties of Boards, &c. Sec 7. Treasurer may be suspended by Grovemor. Sec 8. Certain offices abolished. AETICLE VI. Section 1. Court of Impeachment. Secs. 2, 3. Court of Appeals, and vacancies in, how filled. Seos. 4, 5. Commissioners of Appeal to hear pending causes, powers of. and vacancies in, how filled. Sec 6. Supreme Court how composed, jurisdiction of. Sec 7. General Terms. Sec 8. What judges or justices may sit on Appeals and Writs of Error — Equity cases. Sec 9. Vacancies in Supreme Court, how filled. Sec 10. Judges of Court of Appeals and Supreme Court to hold no other office. Sec. 11. Judicial officers how removable. Sec. 12. Superior Courts and Courts of Common Pleas in New York, Brooklyn, and Buffalo. Sec. 13. Justices of Supreme Court how chosen and official terms. Sec 14. Compensation of judges and justices. Sec 15. County Courts, Courts of Sessions, Justices of the Peace, and Surrogates. Sec 16. Vacancies in County and Surrogate Courts. Sec 17. Election or appointment of judges of Court of Appeals and Supreme Court to be determined by people in November, 1873. Sec. 18. Justices of the Peace, how elected and removed. Sec. 19. Inferior local courts, how to be constituted. Sec 20. Clerks of Supreme Court and Court of Appeals. Sec 21. Fees and perquisites not to be received by any judicial officer except Justices of the Peace — .Judges and Justices of Courts of Record not to practise as attorneys, counsellors, or referees. Sec. 22. Removal of judgments, orders, or decrees in city courts to Court of Appeals for review. Sec 23. Publication of laws and decisions of courts. Sec 24. Time of election of Judges of Court of Appeals and Com- mon Pleas in New York, and commencement of their official term. 356 APPENDIX. Sec. 25. Surrogates, Justices of the Peace, and local judicial of- ficers, to hold over until expiration of their term. Sec. 26. Jurisdiction of courts of special session. Sec. 27. Powers of Surrogate Courts in certain cases to be con- ferred upon Courts of Record. ARTICLE VII. Section 1. Canal debt — Sinking Fund — June 1, 1846, $ 1,- 300,000 — June 1, 1855, $ 1,700,000. Sec 2. General Fund debt — Sinking Fund, $ 350,000 ; after certain period, S 1,500,000. Sec. 3. $ 200,000 of the surplus canal revenues annually appro- priated to General Fund, and the remainder to specific public works — Certain deficiencies in the revenues, not exceeding $ 250,000, an- nually to be supplied from the revenues of the canals. Sec 4. Loans to incorporated companies not to be released or compromised. Sec. 5. Legislature shall, by equitable taxes, increase the revenues of the Sinking Fund in certain cases. Sec 6. Canals of the State not to be leased or sold. Sec 7. Salt springs. Sec 8. Appropriation biUs. Sec 9. State credit not to be loaned. Sec 10. Power to contract debts limited. Sec 11. Debts to repel invasion, &c., may be contracted. Sec 12. Limitation of the legislative power in the creation of debts. Sec 13. Manner of passing bills imposing a tax. Sec 14. Same subject. ARTICLE Vni Section 1. Corporations, how created. Sec 2. Debts of corporations. Sec 3. " Corporations " defined. Sec 4. Charters for banking purposes. Sec 5. Specie payments. Sec 6. Registry of bills or notes. Sec. 7. Individual responsibility of stockholders. Sec. 8. Insolvency of banks, preference. Sec 9. Legislature to provide for the incorporation of cities and villages, and to define powers thereof in certain cases. CONSTITUTION OF STATE OF NEW YORK. 367 AETICLE IX. Section 1. Common School, Literature, and United States Deposit Funds. AETICLE X. Section 1. Sheriffs, County Clerks, Eegister and Clerk of New York, Coroners, and District- Attorneys — how elected and removed. Sec3. 2, 3, 4, 5. Other county, town, city, village, or other officers, how elected or appointed — Duration of official term, and vacancies, how filled. Sec. 6. Political and legislative year. Secs. 7, 8. Provision for removal of pubUc officers, and vacancies. ARTICLE XI. Provision for arming and disciplining the Militia of the State — Elec- tion and appointment of officers — Commissary-General, Adjutant- General, and Staff of Commander-in-Chief ARTICLE XIL Oaths of office prescribed. ARTICLE Xm. Amendments to Constitution, how to be made — Provision for future State Conventions. 358 APPENDIX. COUNTIES AND POPULATION OF THE STATE OF NEW YORK. Corsins. 1836. 1840. 1846. 1850. 1866. 1860. 1865. 1 Albany, . . . 69,762 68,593 77,268 93,279 103,681 113,916 115,504 A;lef;aiiy, . . 27,295 30,266 31,402 37,808 42,910 41.881 40,285 Broonit', . . 20,190 22,338 26,808 30,660 36,660 35,906 37,933 Cattaraugus, . 24,986 28,872 30,169 38,950 39,630 43,886 42,206 ICavuga 49,202 50,338 49,663 66,458 63,671 65,767 65,730 Chautauqua, 44,809 47,976 46,548 50,493 53,380 58,418 58,628 Chemung, . . . . 14,439 15,483 17,742 21,737 27,288 26,917 31,923 Chenango, . . . 40,702 40,785 39,900 40,311 39,916 40,934 38,360 Clinton 20,742 28,157 31,278 40,047 42,482 45,735 46,713 Columbia, . . 40,746 43,252 41,976 43,073 44,391 47,172 44,905 Cortland, 24,168 24,607 25,081 25,140 24,575 26,294 24,815 Delaware, 34,192 35,396 36,990 89,834 39,749 42,466 41,638 Dutcbess, 60,704 52,398 65,124 68,992 60,635 64,941 65,192 Erie 67,594 62,465 78,635 100,993 132,381 141,971 167,160 Essex, . . 20,699 23,634 25,102 31,148 28,539 28,214 28,644 Franklin, , . 12,501 16,618 18,692 25,102 25,477 30,837 28,675 Fulton, . . S'^''' 18,049 18,679 20,171 23,284 24,162 24,612 Genesee, . . 29,145 28,705 28,845 28,488 31,034 32,189 31,728 Greene 30,173 30,446 31,957 33,126 31,137 31,930 31,710 Hamilton, . . 1,664 1,907 1,882 2.188 2,543 3,024 2,653 Herkimer, 36,201 37,447 37,424 38,244 38,566 40,561 39,154 Jefferson, . . . 63,088 60,984 64,999 68,153 66,420 69,825 66,448 Kings, . 32,057 47,613 78,691 138,882 216,365 279,122 310,824 Lewis, . , , , 16,093 17,830 20,218 24,664 26.229 28,680 27,840 Livingston, . . 31,092 37,777 38,389 40,875 37,943 39,546 37,556 iMadison, . . 41,741 40,008 40,987 43,072 43,687 43,545 42,607 Monroe, . . . 58,085 64,902 70,889 87,660 96,324 100,648 104,235 Montgomery, . 48,359 35,818 29,643 31,992 30,808 30,866 31,447 Xew York, . 268,089 312,n0 371,223 515,547 629,610 813,669 726,386 Niagara, . . 26,490 31,132 34,550 42,276 48,282 50,399 49,656 Oneida, . . 77,518 85,310 84,776 99,666 107,749 105,202 102,713 Onondaga, 60,908 67,911 70,176 85,890 86,575 90,686 93,332 Ontario, . . . 40,870 43,501 42,592 43,929 42,672 44,663 43,316 Orange, 45,096 50,739 62,227 67,145 60,868 03,812 70,165 Orleans, . 22,893 25,127 25,845 28,501 28,435 28,717 28,603 Oswego, . 38,245 43,619 48,441 62,198 69,398 75,958 76,200 Otsego, 50,428 49,628 50,509 48,638 49,736 60,157 48,616 Putnam,. . . . 11,&-.1 12,825 13,258 14,138 13,934 14,002 14,845 Queens, . . 25,130 30,324 30,849 36,833 46,266 67,391 67,997 Rensselaer, .... 66,515 60,269 62,338 73,363 79,234 86,328 88,210 Richmond, . . . . 7,691 10,965 13,673 15,061 21,389 25,492 28,209 Roekland, . . , 9,696 11,975 13,741 16,962 19,611 22,492 20.788 St. Lawrence, . 42,047 56,706 62,a54 68,617 74,977 83,689 80,994 Saratoga, . 38,012 40,653 41,477 45,646 49,379 61,729 49,892 -■Schenectady, 16,230 17,387 16,630 20,0.54 19,572 20,002 20,888 Schoharie, . 28,608 32,358 32.488 33,548 33,519 34,469 33,353 Schuyler, . 15,163 16,388 17,327 18,519 18,777 18,840 18,441 Seneca, . . 22,627 24,874 24,972 25,441 25,358 28,138 27,653 Steuben, . . 84,961 40,651 46,203 68,388 62,965 66,690 66,192 Suffolk, . 28,274 32,469 34 ,.579 36,922 40,906 43,276 42,869 Sullivan, 13,755 15,629 18,727 25,088 29,487 32,385 32,741 Tioga, . . 16,534 20,527 22,456 24,880 26,962 28,748 28,163 Tompkins, . 32,345 32,296 32,264 32,694 31,516 31,409 30,696 Ulster, . . 39,960 45,822 48,907 69.,384 67,936 76,381 76,609 \Varrcn 12,034 13,422 14,908 17,199 19,669 21,434 21,128 Washington, 39,3261 41,080 40 ,.554 44,750 44,405 46,904 40,244 Wayne, . . 37,788' 42,067 42 .,516 44,953 46,700 47,762 47,498 Westchester, . . . 38,789; 48.686 47 ..394 68.263 80,678 99,497 101,197 Wyoming, . 32,771' 34,245 30,691 31,981 32,148 31,968 30,033 Yates, . . . 19,796 ! 20,044 20,777 20,590 3,097 ,S94| 19,812 20,290 19,338 Total, . . . 2,174,617 2,428,921 2,604,496 3,466,118 3,880,735 3,831,777 CONGRESSIONAL DISTRICTS. 359 CONGRESSIONAL DISTEICTS, As Established by Chap. 454, Laws op 1862, Passed April 23, 1862. District. I. — The counties of Suffolk, Queens, and Eichmond shall com- pose the first district. II. — The sixth, eighth, ninth, tenth, twelfth, fourteenth, six- teenth, seventeenth, and eighteenth wards of the city of Brooklyn, and the towns of Flatbush, Flatlands, Gravesend, New Lots, and New Utrecht in the county of Kings, shall compose the second district. III. — The first, second, third, fourth, fifth, seventh, eleventh, thirteenth, fifteenth, and nineteenth wards of the city of Brooklyn, in the county of Kings, shall compose the third district. IV. — The first ward (including Governor's Island), second, third, fourth, fifth, sixth, and eighth wards of the city and county of New York shall compose the fourth district, v. — The seventh, tenth, thirteenth, and fourteenth wards of the city and county of New York shall compose the fifth dis- trict. •VI. — The ninth, fifteenth, and sixteenth wards of the city and county of New York shall compose the sixth district. VII. — The eleventh and seventeenth wards of the city and county of New York shall compose the seventh district. VIII. — The eighteenth, twentieth, and twenty-first wards of the city and county of New York shall compose the eighth district. IX. — The twelfth ward (including Randall's Island and Ward's Island), nineteenth ward (including Blackwell's Island), and twenty-second ward of the city and county of New York shall compose the ninth district. X. — The counties of Westchester, Rockland, and Putnam shall compose the tenth district. XI. — The counties of Orange and Sullivan shall compose the eleventh district. XII. — The counties of Dutchess and Columbia shall compose the twelfth district. XIII. — The counties of Ulster and Greene shall compose the thir- teenth district. XIV. — The counties of Albany and Schoharie shall compose the fourteenth district 360 APPENDIX. District. XV. — The counties of Rensselaer and Washington shall compose the fifteenth district. XVI. — The counties of Warren, Essex, and Clinton shall compose the sixteenth district. XVII. — The counties of St Lawrence and Franklin shall compose the seventeenth district. XVni. — The counties of Fulton, Hamilton, Montgomery, Saratoga, and Schenectady shall compose the eighteenth district. XIX. — The counties of Delaware, Otsego, and Chenango shall compose the nineteenth district. XX. — The counties of Jefferson, Lewis, and Herkimer shall compose the twentieth district. XXI. — The county of Oneida shall compose the twenty-first dis- trict. XXII. — The counties of Madison and Oswego shall compose the twenty-second district. XXm. — The counties of Onondaga and Cortland shaU compose the twenty-third district. XXTV. — The counties of Cayuga, Wayne, and Seneca shall com- pose the twenty-fourth district. XXV. — The counties of Ontario, Livingston, and Yates shaU com- pose the twenty-fifth district. XXVI. — The counties of Tioga, Tompkins, Broome, and Schuyler shall compose the twenty-sixth district. XXVII. — The counties of Chemung, Steuben, and AUegany shall compose the twenty-seventh district. XXVIII. — The counties of Monroe and Orleans shall compose the twenty-eighth district. XXIX. — The counties of Genesee, Niagara, and Wyoming shall compose the twenty-ninth district. XXX. — The county of Erie shall compose the thirtieth district. XXXI. — The counties of Chautauqua and Cattaraugus shall com- pose the thirty-first district. SENATE DISTRICTS. 361 SENATE DISTRICTS, As Obganized bt the Legislatube, April 25, 1866. District. I. — Counties of Suffolk, Queens, and Richmond. II. — First, second, third, fourth, fifth, seventh, eleventh, thir- teenth, fifteenth, nineteenth, and twentieth wards of the city of Brooklyn, in the county of Kings. III. — Sixth, eighth, ninth, tenth, twelfth, fourteenth, sixteenth, seventeenth, and eighteenth wards of the city of Brook- lyn, and the towns of Flatbush, Flatlands, G-ravesend, New Lots, and New Utrecht, of the county of Kings. IV. — First, second, third, fourth, fifth, sixth, seventh, thirteenth, and fourteenth wards of the city and county of New York. V. — Eighth, ninth, fifteenth, and sixteenth wards of the city and county of New York. VI. — Tenth, eleventh, and seventeenth wards of the city and county of New York. VII. — Eighteenth, twentieth, and twenty-first wards of the city and county of New York. VIII. — Twelfth, nineteenth, and twenty-second wards of the city and county of New York. IX. — Counties of Westchester, Putnam, and Rockland. X. — Counties of Orange and SuUivan. XI. — Counties of Dutchess and Columbia. XII. — Counties of Rensselaer and Washington. XIII. — County of Albany. XrV. — Counties of Greene and Ulster. XV. — Counties of Saratoga, Montgomery, Fulton, Hamilton, and Schenectady. XVI. — Counties of Warren, Essex, and Clinton. XVII. — Counties of St. Lawrence and Franklin. XVIII. — Counties of Jefferson and Lewis. XIX. — County of Oneida. XX. — Counties of Herkimer and Otsego. XXI. — Counties of Oswego and Madison. XXII. — Counties of Onondaga and Cortland. XXIII. — Counties of Chenango, Delaware, and Schoharie. XXIV. — Counties of Broome, Tioga, and Tompkins. 362 APPENDIX. GOVERNOKS OF NEW YOEK. COLONIAL. Cornelius Jacobzen May, 1624 WiUiam Yerhulst, 1625 Peter Minuit May 4, 1626 Wouter Tan Twiller, AppU, 1633 William Kieft, March 28, 1638 Petrus Stuyvesant, May 11, 1647 Richard Nicolls September 8, 1664 Francis Lovelace, August 17, 1668 Cornelis Evertse, Jr., and a council of war, Aug. (n. s.) 12, 1673 Anthony Colve, September 19, 1673 Edmund Andros, Nov. (n. s.) 10, 1674 Vnthony BrockhoUes, Commander-in-Chief, , November 16, 1677 -^ir Edmund Andros, Knt., . . . August 7, 1678 Anthony BrockhoUes, Commander-in-Chief, . Jan. (n. s.) 13, 1681 Thomas Dongan, August 27, 1683 Sir Ed. Andros, August 11, 1688 Francis Nicholson, Lieutenant-Grovernor, . October 9, 1688 Jacob Leisler June 3, 1689 Henry Sloughter, March 19, 1691 Kichard Ingoldesby, Commander-in-Chief, . July 26, 1691 l^cnjamin Fletcher, August 30, 1692 T . ; .,f Bellamont April 13, 1698 John Nanfan, Lieutenant-Grovernor, . . May 17, 1699 Earl of Bellamont, July 24, 1700 Eldest Councillor present. President of the Council, March 5, 1701 John Nanfan, Lieutenant-Governor, . . May 19, 1701 Lord Cornbury May 3, 1702 Lord Lovelace, December 18, 1708 Peter Schuyler, President, .... May 6, 1709 Richard Ingoldesby, Lieutenant-Governor, May 9, 1709 • Peter Schuyler, President, .... May 25, 1709 Richard Ingoldesby, Lieutenant-Governor June 1, 1709 Gerardus Beeckman, President, . . . April 10, 1710 Robert Hunter, June 14, 1710 Peter Schuyler, President, .... July 21, 1719 William Burnet September 17, 1720 John Montgomerie, April 15, 1728 Rip Tan Dam, President, .... July 1, 1731 William Cosby, August 1, 1732 GOVERNORS OF NEW YORK. 363 George Clarke, President George Clarke, Lieutenant-Governor, . George Clinton, Sir Danvers Osborne, Bart., . James De Lancey, Lieutenant-Governor . Sir Charles Hardy, Knt James De Lancey, Lieutenant-Governor . Cadwallader Colden, President, Cadwallader Colden, Lieutenant-Governor, Robert Monckton Cadwallader Colden, Lieutenant-Governor, Robert Monckton, . -^ '. -.- ; .- - Cadwallader Colden, Lieutenant-Governor, Sir Henry Moore, Bart., Cadwallader Colden, Lieutenant-Governor, Earl of Dunmore, AVilliam Try on, Cadwallader Colden, Lieutenant-Governor, "William Tryon, James Robertson,* .... Andrew Elliott, Lieutenant-Governor,* . Peter van Brugh Livingston, Nathaniel WoodhuU, President 2>ro tern., Abraham Yates, Jr., President pro iem., Nathaniel Woodhull, John Haring, President pro tern., . Abraham Yates, Jr., President pro tem., Abraham Yates, Jr., . Peter R. Livingston, .... Abraham Ten Broeok, .... Leonard Ganesvoort, President pro tem., Pierre "Van Cortlandt, President of the Council of Safety . . ... May March 10, 1736 October 30, 1736 September 2, 1743 October 10, 1753 October 12, 1753 September 3, 1755 June 3, 1757 August 4, 1760 August 8, 1761 October 26, 1761 November 18, 1761 June 14, 1762 June 28, 1763 November 13, 1765 September 12, 1769 October 19, 1770 July 9, 1771 April 7, 1774 June 28, 1775 March 23, 1780 April 17, 1783 CONGRESS, &c. May 23, 1775 August 28, 1775 November 2, 1775 December 6, 1775 December 16, 1776 August 10, 1776 August 28, 1776 September 26, 1776 March 6, 1777 April 18, 1777 14, 1777 STATE. George Clinton, t . John Jay, . July July 30, 1777 1, 1795 • Military Governors during the Revolutionary War, not recognizsd by the State of New York. t The Constitution of 1777 did not specify the time when the Governor should enter on the duties of his ofiSce. Governor Clinton was declared elected July 364 APPENDIX. George Clinton, 1801 Morgan Lewis 1804 Daniel D. Tompkins, 1807 John Tayler, Lieutenant-Grovemor, acting Gov- ernor, March, 1817 De AVitt Clinton July 1, 1817 Joseph C. Yates,* January 1, 1823 De Witt Chnton, 1825 Nathaniel Pitcher, Lieutenant-Governor, acting Governor, February 11, 1828 Martin Van Buren, 1829 Enos T. Throop, Lieutenant-Governor, acting Governor, March 12, 1829 Enos T. Throop, 1831 William L. Marcy, 1833 William H. Seward, 1839 William C. Bouck, 1843 Silas Wright, 1845 John Young, 1847 Hamilton Fish, 1849 Washington Hunt • . . 1851 Horatio Seymour, 1853 Myron H. Clark, 1855 John A. King, 1857 Edwin D. Morgan, 1859 Horatio Seymour, 1863 Eeuben E. Fenton, 1865 John T. Hoffman 1869 LIEUTENANT-GOVEKNOKS. Pierre Van Cortlandt, 1777 Stephen Van Rensselaer, 1795 Jeremiah Van Rensselaer, 1801 John Broome, 1804 John Tayler, President j)ro tern, of Senate, . January 29, 1811 De Witt Clinton, April, 1811 John Tayler, 1813 9th, and qnalified on the above day. On the 13th Febmary, 1787, an act was passed for regulating elections, which provided that the Governor and Lieuten- ant-Governor should enter on the duties of their respective offices on the 1st of July after their election. * The Constitution of 1821 provided that the Governor and Lieutenant- Governor shall, on and after the year 1823, enter on the duties of their respec- tive offices on the 1st of January. LIEUTENANT-GOVERNORS OF NEW YORK. 365 Erastus Root, 1823 James TaUmadge, 1825 Kathaniel Pitcher, 1827 Peter R. Livingston, President j)ro tern, of Senate, . . 1828 Enos T. Throop, . . 1829 William M. Oliver, President jjro tem. of Senate, . . . 1830 Edward P. Livingston, 1831 John Tracy, 1833 Luther Bradish, 1839 Daniel S. Dickinson, 1843 Addison Gardiner, 1845 Addison Gardiner, to June, 1847 Hamilton Fish, 1848 George AV. Patterson, 1849 Sanford E. Church 1851 Sanford E. Church, 1853 Henry J. Raymond, . 1855 Henry R Selden, 1857 Robert Campbell, 1859 David R. Floyd Jones, 1863 Thomas G. Alvord, 1865 Stewart L. "Woodford, 1867 Allen C. Beach, 1869 366 APPENDIX. SPEAKERS OF ASSEMBLY OF THE STATE OF NEW TORK, FBOU 1777 TO 1868. Session. Name. When elected. September 10, 1777 October 13, 1778 August 18, 1779 September 7, 1780 October 24, 1781 July U, 1782 January 21,1784 October 15, 1784 January 13, 1786 January 12, 1787 January 9, 1788 December 11, 1788 July 6, 1789 January 5, 1791 January 4,1792 NoTember 6,1792 January 7,1794 January 6, 1795 January 6, 1796 NoTember 1, 1796 January 2, 1798 August 9, 1798 January 28,1800 November 4, 1800 January 26, 1802 January 25, 1803 January 31, 1804 November 6, 1804 January 28, 1806 January 27, 1807 January 26, 1808 NoTember 1, 1808 January 30, 1810 January 29, 1811 January 28, 1812 November 3, 1812 January 26, 1814 September 26; 1814 January 13, 1816 November 5, 1816 January 27, 1818 January 6, 1819 January 4, 1820 November 7, 1820 January 1, 1822 January 27, 1823 January 6, 1824 January 4, 1825 January 3, 1826 January 2, 1827 January 1, 1828 January 5, 1829 January 5, 1830 January 4, 1831 January 3, 1832 January 1, 1833 January 7, 1834 January 6, 18,35 January 5, 1S36 January 3, 1837 January 2, 1838 January 1, 1839 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 .38 39 40 41 42 43 44 45 46 47 48 49 50 51 62 63 64 65 58 57 68 59 60 61 TValter Livingston Walter Livingston Evert Bancker . Evert Bancker Evert Bancker Evert Bancker John Hathom . John Hathom John Lansing, Jr. Richard Varick Richard Tarick John Lansing, Jr. Gulian Ver Planck John Watts . John Watts . John Watts James Watson William North . William North Gulian Ver Planck Dlrck Ten Broeck Dirck Ten Broeck Dirck Ten Broeck Samuel Osgood . Thomas Storm Thomas Storm . Alexander Sheldon Alexander Sheldon Alexander Sheldon Andrew McCord . Alexander Sheldon James W. Wilkin William North Nathan Sanford . Alexander Sheldon Jacob Rutsen Tan Rensselaer James Emot . Samuel Young Daniel Cruger . David Woods David Woods . Obadiah German . John C. Spencer Peter Sharp . Samuel B. Romune Peter R. Livingston Richard Goodell Clarkson Crolius . Samuel Young Erastus Root Erastus Root . Peter Robinson . Erastus Root . George R. Davis . Charles L. Livingston Charles L. Livingston William Baker Charles Humphrey Charles Humphrey Edward Livingston Luther Bradish George W, Patterson SPEAKERS OF ASSEMBLY. 367 Session. Name. When elected. 6i 65 66 67 70 71 72 73 74 74 75 76 80 81 82 83 84 85 86 87 90 91 92 George W. Patterson . Peter B. Porter, Jr. Levi S. Chatfield . George R. Davis £lisha Litctifield . . . . Horatio Seymour . William Grain .... William C. Hasbrouck . Amos K. Uadley .... Amos K. Uadley Noble S. Elderkin Henry J. Raymond J. B. Vamum, Jr. (extra session) Jonas C. Heartt . . ■William H. Ludlow . Robert H. Pruyn . De Witt C. Littlqohn . Orrille Robinson De Witt C. Littlejohn . Thomas G. Alvord . . De (Vitt C. Littlejohn . De Witt C. Littlqohn . De Witt C. Littlqohn . Henry J. Raymond . Theophilus C. Callicot Thomas G. Alvord . George G. Hosluns Lyman Tremain . , . Edmund L. Pitts .... William Hitchman . Truman G. YoungloTe Williun HitchmiLn January January January January January January January January January January January January June January January January January January January January January January January January January January January January January January January January 10, 1840 1841 1842 1843 1844 1845 1846 1847 1848 1849 1850 1861 1851 1832 1853 1854 1855 1856 1857 1858 1859 1860 1861 1862 1868 1864 1865 1866 1867 1868 1869 1870 368 APPENDIX. EAILEOADS IN THE STATE OF NEW TOEK. Names of Incorporated Companies. Length Cost of Road and in Miles. Equipments. 25 82,079,068.83 140 37,628.65 12 38 2,411,055.76 49 5,871,375.03 15i 217,344.58 35 952,731,82 15i 682.846.00 36 1,119,074.41 110 89,015.20 88 6,109,932.80 S4i 1,183,012.00 17 400,000.00 47 1,177,384.00 10 1,578.80 J5i 329,224.92 17J 194,197.00 144 17,505,037.26 122 4,206,820.00 13 271,374.87 10 276,520.91 694 36,594,405.52 459 49,247,269.70 8 289,168.34 131 62 10,055,381.92 7,720,847.00 40 216,660.14 99 3,495,832.00 21 493,707.45 12 296,748.70 28i 925,998.89 36 1,300,774.73 118 4,954,778.77 23 1,594,956.00 76i 901,025.68 25 1399,862.78 18i 85 18 656,025.74 480,684.15 21 484,684.16 47 930,207.31 6 81,481.50 100 4,712.23 18 354,132.24 n 495,105.77 81 3,182,489.26 61 253,918.57 35 2.277,344.12 6 294,908.36 2 762,237.78 82 538,496.41 86 962,731.82 189 4,900.724.40 10 172,576.67 78 2,218,000.00 3,497 8182,369,489.94 Adirondack ..... Albany and Susquehannah . Albany and Vermont Albany and West Stockbridge Atlantic and Great Western ^ . Avon, Gcneseo, and Mt. Morris . . Black River and Utica Blossburg and Corning .... Buffalo, Corry, and Pittsburg . Bu^lo and Washington Buffalo and Erie .... Cayuga and Susquehannah . Chemung . . ... Elmira, Jefferson, and Canandaigua Fonda, Johnstown, and Gloversville . Genesee Valley . ... Hudson and Boston .... Hudson River Long Island Middletown, Unionvillo, and Water Gap Montgomery and Erie New York Central . ... New York and Erie .... New York and Flushing New York and Harlem . . • New York and New Haren . . New York, Housatonic, and Northern Niagara Bridge and Canandaigua . Northern (New Jersey) North Shore Oswego and Rome .... Oswego and Syracuse .... Ogdensburgh and Lake Champlain . Flattaburg and Montreal . . . Potsdam and Watertown . Rensselaer and Saratoga Rochester and Genesee Valley . Rondont and Oswego .... Sackett's Harbor and Ellisbnrg . Saratoga and Schenectady Saratoga and Wtiitehall Schoharie Valley Southern Central .... Staten Island . ... Sterling Mountain .... Syracuse, Binghamton, and New York , Troy and Bennington Troy and Boston Troy and Greenbush .... Troy Union Utica, Chenango, and Susquehannah Utica and Black River .... Watertown, Ogdensburgh, and Rome Warwick Valley Williamsport and Elmira . Total CANALS IN THE STATE OF NEW YORK. 369 CANALS IN THE STATE OF NEW YORK. Erie Canal, Cbamplain, and Enlargements, &c. Champlain Canal and Glen's Falls Feeder . Black River Canal Chenango Canal Oneida Lake Canal and Feeder . Oswego Canal BaldwinsTlUe Canal Oneida River Improvements .... Seneca River Towing-Path and ImprOTement . Cayuga and Seneca Canal .... Crooked Lake Canal ... . . Chemung Canal and Feeder .... Cayuga Inlet Genesee Valley Canal Extension and Side Out Total Extent in Miles. 3611 78} 90 97 7 88 1 20 18 23 2 125 907 Cost of Construction, Repairs, and Main- tenance. $63,570,855.49 3,6(59,790.91 3,752,000.68 188,072.60 6,303,520.66 48,691.40 172,000.00 1,607.87 2,140,592.81 501,570.06 2,413,032.16 2,908.16 7,233,156.38 888,997,599.17 The Delaware and Hudson Canal, owned by an incorporated company, is 109 miles in length, 83 of which are in this State. Capital, $ 7,500,000. THE Ein>. Cambridge : Electrotyped and Printed by Welch, Bigelow, & Co.