izx IGtbrtB SEYMOUR DURST Wijen you leave, please leave this hook Because it has heen said "Sver'thing comes t' him who waits £:xcept a loaned hook." Avery Architectural and Fine Arts Library Gift of Seymour B. Durst Old York Library' Digitized by the Internet Archive in 2013 http://archive.org/details/historyofprovincOOsmit_0 THE H I S T O R Y or THE PROVINCE Of N E W - Y O R K, fROM THE FIRST DISCOVERY TO THE YEAR 1732» To which is annexed, a defcriprion of the country, with a fhort account of the inhabitants, their reli- gious and political ftate, and the con- ftitution of the courts of juf- tice in that colony, Lo ! fvv.nrming o'er the new difcover'd worlds Gay colonies extend j the calm retreat Of undeferv'd diftrefs. — THOMSON. Nee minor eft virtus , quant gunerere^ parta tuerL THE SECOND EDITION. By WILLIAM SMITH, A.M. PHILADELPHIA : KKOM THE PRESS OF MATHEW CAREY. APRIL 9— M . D C C . X C 1 I. To the citizens of the united Jlates. '^HE re-publication of this volume is the firft part of a plan undertaken at the defire of feveral gentlemen of tafte, who Vv^ifli to fupply their libraries with liillories of their native country. Should the de- fign meet with public encouragement, the moft valuable hiftories of the other pro- vinces fliall be re-publiflied in regular fuc- ceffion by the public's humble fervant, MATHEW CAREY. l^kilad, April 9, 179*. To THE RIGHT HGNOURABLE GEORGE, EARL OF HALIFAX, VISCOUNT SUNBURY, rirft Lord Commlffioner of Trade and Plantations, Sec, &c. My Lord, I Beg your favourable acceptance of this fhort account of tlic ancient and prefent ftate of the province of New York. It is not prefented for your lordfliip's information. — All the ^vorld knows, that the affairs of the Britifh colonies, have been, for feveral years pai!:, under your principal di- rection : and the wifdoin of the meafures purfaed for their prolperiry and defence, are indifputable arguments of your acquaintance with their condition. Nor am I induced to infcribe thefe pages to your lord-- Ihip, by intcrcft, the common motive to addrelles of thi;i kmd. — Being therefore uninfluenced by the principle, I ihall not follow the example, of dedicators ; but fupprefs thofe fentiments concerning your lordfliip, which would, neverthelefs, give offence only to yourfelf, and to thofe v;ho envy your talrjits and your virtues, and are enemies to their effetfls, your reputation and your power. My lord, your ardent attention to the American planta- tions, and aflidnous labours for the'v protection and growth, have iaid us under the moft indifpenfible obliga- tions to gi-atitude. Your lordihip will therefore excufe me for embracing tliis opportunity to make a public declaration of the deep fenfe I have of your kind offices to niy country, and to do royfelf the honour of teR-fFying, that I am, my lord, your lordfliip's moft obedient and humble fervant, WILLIAM SMITH. Nrjf Tork, %ns j $, 1 756, PREFACE. WHOEVER confiders die number and extent of the Bri. tifh colonies, on this continent — their climai es, foil, ports, rivers, riches, and number! efs.ad vantages — muft be con- vinced of their vaft importance to Great Britain ; and be at a lofs to account for the ignorance concerning them, which prevails in thofe kingdoms, whence their inhabitants origi- nally fprang. 1 ne merchants, indeed, by profitable experi- ence, have not been altogether unacquainted v/ith our trade and our growth ; and fome gentlemen of an inquifitive tum, by the help of their corrcfpondents, have obtained the knowledge of many other particulars equally iirportant. But the main body of the people conceive of thefe plant ations^ under the idea of wild,boundlers, inhofpitable, uncultivated deferts ; and hence the punifhment of a traiiTportation hi- ther, in the judgment of moft, is though: not^much left fevcre, than an infamous death. Nay, appealing to fadls, we may fafely aflert, that even the p^ blic boards, to whofe care thefe extenfive dominions have been more efpecially committed, attained, but lately, any tole. able acquar"!tance with their condition. This is the more to be wonder ed at, as it is natural to imagine, that the king's governors h ive lla- tedly tranfmitted full accounts of their refpeifave pio^ vinces. The cafe has been q^iite otherwifc. Governments were heretofore too often beftowed upon mev. of me?.n parts, and indigent circumftances.The former were incapable of , the ^ talk, and the latter too deeply engrofled by the fordid vie\TS of private inteveft^ either to purfue or ftudy oui common PREFACE. "weal. The TV'oi-ft conr.qufr!ccs have refultcd from theft meafures. Pcipctual ^nimofuics being engendered between the governors, and the people rubjected to their aiithoiity ; ^11 ULiempis lor conciliating the IViend/hip of the Indians, momoiiiig rhc fur trade, lecuring the comr.'»aiid of the lakes, ])i Oiedting the f ontiers, ana extending onr pollelii- ons far into the inhmd country, have too often given place to pa* ty p.oj.' ts and contracted 'chemes, tqually nlelefs find Ibamtrfjl. The conduct of the French has been j all: the revcrfe : in fpire oi' all the difadvantagcs of a cold climate, ?ilongajid o cpc-n a free water paliage to the ocean, by the con- r[urfl oi ihe provmce of New York. If tl;e govemo' s of thefe plantations had fo^Tucrly \>ccn nnimated by the fame generous and extcnfive views, which iiifpired nir. Burnet ; the Icng-projected defigns of ouu rommou enemy might, with the aid of Great Britain, have Feen many yea. s ago f::pplajued, or at leaft defeated, at a trifling expenfe. But alas! little, tpo li'tle attention has been had to thefe important afTairs, till the late encroach- ments on the 1 iver Ohio, in the province of Pentifylvania, <;ave the alarm, and the miniflry were apprifed of the French machinations, by the feafonable reprefcntations of /general Shirley ; iind if the colonies have now attracfted the notice of his majefty r.nd his parliament, their gratefrd acknowledgments are due principally to the noble lord, to v.hom thefe faeets are dedicated, for his laudable enoui- lies into their flr.t?, and his indefatigable zeal and induftry for their defence and pvofperity. At prefent our affai'-s begin to wear a more fmiljng af- peiit. We are under the guardianfliip cf a fovereign, who * Encore moins peuple." Charlevoix. + Notre nation, la feule, cjui ait cu le fccret de gagncf Faffec'tion des Ameriquains." Charlevoix. PREFACE. 9 je ; are refpecfted by a 'parliament, afte<*ted wich a generous fympathy for the dif- trefies of their fellow fahje^ts, in all their difjperlions ; and by a \rife improvement of the Britifli aids, it is hoped, we fhall be able, to retrieve the ill confequences of our long, reproachful, and infenhble fecurity. Formerly the colonies were at home difregarded and de- fpifed, nor can any other reafon be affigned lor it, than that they were nnknown. This is, in a gi eat degr ee, to be im- puted to ourfelves. If our governors- v. ithhcld thofe infor- mations, v/hich their duty required them to have given, perfons of private characi^ers oi'.ght to have undertaken tha|^ ufeful and neceilary talk. But, ey.cept fome accounts of tlic rettle:nents in theMafiachufctsbay, andVirginia,all the other hiftories of our plantations upon the continent, are little elfe than cohecfiions of falfehccds, r.nd worl'e than none. That this charge againft thofe publilhed covicerning this pro\-iRce, in particular, can be fdlly fupported, I perlhade myfelf, will inconteftably appear f, om the follcKsving fum- niary, concerning which 1 fhall fay v few words. Having been formerly concerned, according to an ap- pointment by aL^t of aflembly, in a review and digefl: of our pro\incial laws, it was the duty of myfelf, and my partner in that fervice, to perufe the minutes of the council, and the journals of the general aflembly, from the glorious re- volution, at the accefion of king William, to the year 1 751 : and as an acquaintance wi h our public tranfa(ftions, was a branch oi'in{trut!tion, cf v. hicha ihident for the pro- feflion of the law ou^jht hot to be ignorant, I have fince re- examined ihofe entries, beginning with the firit minutes of council, and read over many of t,he records in the fecieta- ry's office. From thefe authentic materials, the following pages were, in a great meafure, compiled. For man}' cf thole parts, whicli concern our affairs with the French and ilie Indians, antecedent to tiie peace of Ryfwick, in 1697, I am bound to make libe'al acknowledgments to dr. Gol- den, the author of the hiftory of the five nations. . Mr. Alexander, a gentleman eminent in the law, and equally diftinguiflied for his humanity, generofity, . great abilities, and honourable flations, fuppiied me with fbme nfeful papers ; and has left behind him a collection, that will be very ferviceable to any gentleman, who may here- after incline to continue this narrative, through the admi- jiiftrations of mr. Cofby, and lieutenant governor Claike. The draught of tkis wor|c was unfiiiifhed, at the time of 10 P R K F A C E. mr. Alexander's deceafe* : and therefore, as it nc%'er pnfied under his exaniinaiion, many important additions are lolt, V liich his lon;T and intimate acquaintance with the affairs of liiis province w ould have enabled him to fupply. hen 1 bej^^an to frame this digeit, it was only intended for private nfe ; and the motives which now induce me to publifn it, are the gi atification of the piefent thirft in Great Britain after American intelligences: contributing, as far as this province is concerned, to an accu:-aie hiftory of the Britifli empircf in this quarter of the world ; and the profpcc't of doing fbme hnall fervice to my country, by Jaying before the public a fummary account of its firfl rife and prefent Hate. Inllucnccd by thefc views, I am not fo regardlefs of the judgment of others, as not to wifh it may be, iji fome mca- furc, acceptable. To plcafe all forts of readers, I know is impoliiole : lie, who writes with fuch hopes, is a ftranger to human nature, and will be infallibly difappcinted. My defign is rather to inform than pleafe. He, who delights only in patrcs Oiining with illuft; ions characters, the con- tentions ot armies, the rife and fall of empires, and other grand events, nuill have recourfe to the great authors of antiquity. A detail of the littletranfac^tions, which co.cema colony, ?cant in its jurildicftion, and Hill ibuggling with the dilliculiies naturally attending its infant ftare, to gentle- men of this tafte can furnilh no entertainment. The cn- fiiing narrative (for it deferves not the nan.e of a hiftory, though for brevity's fake I have oriven it that title) pre- fenis ns only a regular thread of fmiple facts ; and even thofe nnembelliflied with re^exions, becaufe they them- lelves fnggcft the proper remarks : and moft readers will, doubilefs, be bell pleafed with their owti. The facred laws of truth have been infringed neither by pofitive affertions, oblique, infidious hints, wilful fuppvelfions, or corrupt mif- reprefentation. To avoid any cenfures of this kind, no reins have been given to a wanton imagination, for the in- vention of plaufible t'.iles, fupported only by light probabi- lities ; but choofing rather to be honeft and dull, than a-* * Ke died on the 2d of April, 1756. + As the provinces are different in their conftitutions, and, with refpetit to government, independent of each other ; no general hldorv' of America can be expedled, till gentlemen of lelfure, will draw up particular accounts of t]ie rerpectiyc colonies, with which they are acquainted. PREFACE. II treeable and falfe, the true import of my vouchers hath een ftri(ftly adhered to and regarded. With refpect to its ftyle, the critics, in that branch of literature, are at full liberty to condemn at their pleafure. The main ufe of language is to exprefs our ideas. To write in the griy, pleafing pomp of dicftion is above my capaci- ty. If any are dilj3ofed to blame me for being too verbofe, let it be remembered, that this is the indefeafible right of my prcfeffion, founded upon immemorial prefcription. Pcr- fpicuity is all 1 have endeavoured to maintain, nor am I at leifure to ftudy any higher attainments in language. THE HISTORY OF NEW-YORK. PART I. Fram the difcovery bf the colo?ty to ihe/urfender in 16^4^ CHRISTOPHER COLUMBUS, aGenoefe, employed by Ferdinand and Ifabel, king and queen of Caftile, was the firft diicoverer of America*. He failed from St. Lucar^ in Auguft, 1492, and made fight of one of the Bahama illands, on the e'eventh of October following. Newfound- land, and the main continent, were difcovered five years after, by Sebaftian Gabato, a Venetian, in the fervice of Henry VII. of England, from the 38th to the 68th degi-ee of horth latitude. On the tenth of April, 1606, king James I. for plant- ing two colonies, palled the great North and South Virgi- nia patent. To fir Thomas Gates and others, leave was gi-' ven to begin a plantation, at any place on the continent, they flionkl thmk convenient, between the "4th and 4ifl degrees of latitude : and all the lands extending 50 miles. * Some authors allege, that Columbus fii-fl offered his fervices to the republic <)f Genoa ; then to John II. of Por- tugal, and afterwards to o^r king Henry VU ; but this dif- agrees with lord Bacon's account, who informs us, that Chriltopher Columbus failed, l^efore his brother Bartholo mew had laid the projecfc before the king, which was o■^^^ng to his falling into tiie har^ds of pirates, on his w ay to £ng* Iand< C THE HISTORY on each fide, along the coall, loo miles into the country, and all the ilhiiuis w iLhin loo miles, oppofite to theiv plau- tations, were i^ranted in tee, to be called the firll colony. By the fame patent, a like quantity was gi anted to Tho- mas llenhani, elij ; and others, for a plantation between 38 and 45 degrees of latitude, under the name of the lecond colony. The tirlt began a lettlement in the great bay (Clicf- apeak) in 1607. The latter was planted at Plymouth in New-England, 1620. Henry Ihulfon, an Englifhman, according to our au- thors, in the year 1608*, under a commimon from the king his mailer, dilcovered Long Uland, Ncv/-York, and the l iver which Hill bears his name ; and afterwards fold the country, or rather his right, to the Dutch. Their writers contend, that Hudfon was lent out by tlie Kaft-India com- pany, in 1609, to difcover a north-well jxiilage to China ; and that having fuft difcovcrcd Delaware Bay, he came luiher, and penetrated up Hudfon's river, as tar north as ihe latitude of 43 <^ . It is faid, hov/ever, that there was a fale, and that the Englhh objected to it, though they for Tome time neglected to oppofe the Dutch lettlement of the country. In i6ro, Hudfon (Iiiled again from Holland to this coufi- ti-y, called by the Dutch, New- Netherlands ; and four years after, the ftates general granted a patent to fundry merchants, for an exclulive trade on the North river, who in 1^14 built a fort on the well fide, near Albany, which was firlt commanded by Henry ChrilHaens. Captain Argal v.as fent our by fir Thomas Dale, governor of Virginia, in the lame year, to difpoflels the French of the two towns of Port royal and vSt. Croix, lying on eacii fide of the bay of Fund;', in Acadi.t, then claimed as part of Virginiaf . In his return, he vifited the Dutch on Hudfon's river, who, be- ing unable to refill him, prudently fubmitted for the pre- fcnt to the king of England, and mider him to the governor * Charlevoix, a French Jefuit, author of the general hif- tory of New France, thi:ilv:5 this difcovery was in 1609, Vol. 1. 12 ^ . edition, p. 221. But Stith,Douglafs,Oldinixen, and other Engl iih writers agree, that Hudfon's firft voyage was in the preceding year. f Charlevoix places this tranfadtion in 161;. Vol. I. Hifl. of N. France in 12° , p. 210. But Stith, whom I follow, being a clergyman in Virginia, had greater advantages of knowing the truth than the French Jefuit. OF NEW YORK. of Virginia. The very next year, they erected a fort oi) the fouth-weft point of the iflancl Manhattans ; and two others, in 1623 — one, called Good- Hope, on Connecticut river, and the other Nallau, on the eail fide of Delaware bay. The author of the account of New-Neiherland :j: af- ferts, that the Dutch purclialed the lands on both fides of that river in 1632, before the Englifli were fettled in thofe parts ; and that they difcovered a little frefh river, farther to the eait, called Varfche Riviertie, to difthiguifli it from Connelaint of the info- :]: The pamphlet is entitled, Befchryvinghe van Vir- ginia, Neiuw Nederland," &:c. and was printed at Am- llerdam in 1651. It contains two defcriptions of the Dutcli pofieflions. The fii-fV is a copy of that publifhed by John de Laet at Leyden. The fecond gives a view of this country feveral years after, in 1649. A fhort reprefcntation of the country of the Mahakuafe Indians, written in 1644, by John Megapolenlis, jun. a Dutch minifter refiding here, is annex- ed to that part of the pamphlet concerning New-N ether- land. * We have no books among our Dutch records remain- ing in the fecretary's office, relating to ftate matters, be- • fore K left's time, nor any enrolment of patents, till a year after Van Twiller arrived here. Mr. Jacob Goelet fuppli. cd us with feveral extratfts from the Dutch records. THE HISTORY Icncc of the Englilh, an order of council was made for fcnbile poftea conftiritendnm, tarn diu qiiam din poflefibi'es ejnfdem agri futuri erunt. Ac^tum in arce Amftelodamenli in novo Belgio, die Jnlii 9, anno Chrifti 1642." We have no account, that the Englifh acceded to tliefe propofals, nor is it probable, confidering their fnperior ftrength, that they ever did : on the contrary, they daily extended their pofleiSons ; and, in 1645, the colonies of the Maflachiifet's bay, Plymouth, Connccliciit, and New- Haven, enteved into a league both againft the Dutch and Indians, and grew fo powerful as to meet fhortly afrer, upon a defign of extirpating the forn^er. Tiie Maflachufet's bay declined this ente^-prife, which occafioned a letter to Oliver Cromwell, from William Kooke, dated at New-Ha- ven, November 5, 1653, in which he complains of the Dutch, for fupph ing the natives with arms and ammuni- tion, begs his affiftance with two or three frigates, and that letters might be fent to the eafte' n colc iies, command-, ing them to join in an expedition againll the Dutch colony, Oliver's aflFairs would not admit of fo diftant an attempt* : * The war between him and the ftates, which began in THE HISTOHY but Rfchard Cromwell aftenvards drew up infl:ni(^ioii« ter his commanders for fubduijig the Dutch here, and \vrotc fetters to the Rnglilh American governments for tlicir aid ; copies of which ai*e preferred in fliuiioe's colled"tion, Vol. ]. p. 721, t^c. Peter Stnyvefant was the laft Dutch j^overnor ; and though he liad a commilfion in 1646, he did not begin his adminiltration till May 27, 1^47. 'i he inioadsand claims upon his government, kept him conftanlly employed. New- England on the ealt, and Mar/land^ on the weft, alarmed his fears by their daily incrcafe ; and about the fame time, captain Forredcr, a Scotchman, claimed Lon^ Hland for the dowager of Stirling. The Swedes too were perpetual- ly incroaching upon Delaware, rh'. o'igii the unH^ilfidnefs of the m;Ue, one Defwyck, a Swedifii raptaiiiand fupercar- pp, aniii|p in Raritan river. Ti:e I'nipwas feized, and him- felfcmade a i^rifoner at New-Amlteidam. Stuyvefant's rea- fr.ns were thefe. In 1651, the l^utch built fort Cafimir, now called Newcaflle, on Delaware. The Swedes, indeed, claimed tlie counti-y, and Printz, their governor, formally protefted againft the works. Rifnigh, his fucceflbr, under The difguife of friendfhip, came before the fortrefs, fired rvvo falutes, and landed 30 men, who were entert'ined by July, i6>2, ^as concluded by a peace on the fifth of April, 1654. The treaty makes no particular mention of this country. If any part of it can be conlidered as relating to the American polleffions, it is to be found in the two firft articles, which are in thefe words : " Imprimis, it is a- grecf^ and concluded, that, from this day forwards, there be a true, firm, and inviolable peace, a fincere, in- timate, and clofe friendfhip, affinity, confederacy, and union, betwixt the republic of P^ngland and the ftates general of the united provinces of the Netherlands, and the lands, countries, cities, and towns, mider the domi- nions of each, without diftincTiion of places, together with their people and inhabitants, of whatfoever degree. II. " That hereafter all enmity, hoflility, difcord, and contention, betwixt the faid republics, and their people and fubjeAs, fliall ceafe ; and both parties fhall hence- for wards abftiain from the committing all manner of mif- chief, plunder, and injuries, by land, by fea, and on the frefh waters, in all their lands, countries, dominions, places, and governments whatfoever.'* OF N E W - Y O R K. 19 the commandant as friends : but he had no fooner difco- vered the weaknefs of the garrifon, than he made himfelf mafter of it, feizing alfo upon ail the ammunition, houles, and other effeAs of the VVeit-India company, and compel- ling feveral of the people to fwear allegiance to Chriftina, queen of Sweden. The Dutch, in 1655, prepared to retake foit Cafimir. Stuyvefant commanded the forces in perfon, and arrived with them in Delaware, the 9th of September. A few days after, he anciiored before the garrifon, and landed his troops. The fortrefs was immediately demanded as Dutch property : Suen Scutz, the commandant, delired leave to confult Rifingh, which being refufed, he furrender- ed the i6th of September on articles of capitulation. The whole ftreiigth ol the place confined of four carxuon, four- teen pounders, five (wivels, and a parcel of fmall arms, which we e all delivered to the conquered, t qjL^^hiiftina was commanded by Rilingh. Stuyvefant camebefore it, and Rifingh farrendered it upon terms, the 25th of Septem- ber. The country being thus fubdued, the Dutch governor ifliieda proclamation, in favour of fuchof the inhabitants, as would fubmitto the new government, and about 30 Swedes fwore, fidelity and obedience to ^he Hates general the lords dired:ors of the V/efl-India company, their fubalcems of the province of New-Netherlands, and the dire(5tor general then, or thereafter, to be eilablifhed." Rinngn and one Elfwych, a trader of note, were ordered to France, or Ei.gland, and the rell of the Swedifh inhabi- taiats to Holland, and from thence to GotlcDberg. The Swedes beino; rhus extirpated, the Dutch became polfefled of the weft hde of Delaware bay, now called the Three lower counties. This country was afterwards under the command of lieutenant-governors, fubjecx to the coniroul of, and com- milfioned by, the director general at New-Amfterdam. Jo- han Paul Jaquet was the firft vice director, or lieutenant- *■ governor, of South river. His fucceflbrs were Alricks, Hinc-! jofla, and William Beekman. The pofterity of the laft re- mains amongft us to this day. Thefe lieutenants had powe^; to grant lands, and their patents make a part of the ancient titles of the prefent pofleilors. Alricks' commiffion, of the I2th of April, 1657, ftiows the extent of the Dutch claim on the weft fide of Delaware at that tim.e. He was appoint- ed " direc'tor general of the colony of the South river of New-Netherlands, and the fortrefs of Cafimir, now called Niewer Amftel, with all the lands depending thereon, accordiiig to the iiift puaxhafe and deed of releafe of the YHE HrsTORY natives, dared Jnly 19, 1651, beginning at the wcfV fide of the Miiiquaa, or ChrilUna kihi, in the Indian laiiguagcJ named Sulpccough, to the mouth ol' the bay, or river, cal- le(l Hompt-tlook, in the Indian language, Cannaredc ; and lb far inl;;n.l as the bounds and limits of the Minquaas land, w'liiX all the Ihcanis, ^c. appurtenances and de- pCiulencies." Of the country nonhward of the kiln, no mention is made. Orders in 16 58 were given co William Bec^.man to purchafc C aj)e Hinlopen from the natives, and to fettle ancl fortify ir, which, for want of goods, was not done till the fucceeding year. In tlie year 1659, fi cfli troubles arofc fro.n the Maryland claim to the lands on South river : and in September, colo- nel Nathaniel Utie, as conimiHioner from Fcndal, lord Halti- m ore's g||Knior, arnved at Niewcr Amftcl from Maryland. The c^o^Ik'' ^vas ordered to be evacuated, lord Baltimore claiming all the Ian J, between 38 and 40 degrees of lati- tude, f: om fea to fea. Bcekman and his council demanded evidence of his lordihip's right, and offered to prove the ftates general's giant to the Weft-India company, their payaicnt to them, for the land and pofleflion ; and n])on the whole, propoled to refer the controverfy to th^ repub- lics of i\nvThnid and Holland, praying, at the fame time, three weeks to confiilt Stuyvefant, the general. The com- minioner, notwithftanding, a few clays after, warned him to draw off, beyond latitude 40^ : but Beekman difrega^d- ed the threat. Colonel Utie thereupon returned to Mary- land ; and an immediate invafion was expecfted. Early in the fpring of the year 1660, Nicholas Varleth, and B ian Newton, wxre difpii'ched from fort Amfterdam, to Virginia, in quality of ambailadors, w i h full power to open a trade, and conclude a league, offenfivc and defenfive, againfb the barbarians. William Berckley, the governor, gave tiiem a kind reception, ^nd approved their propofal of peace and commerce, which fir Henry Moody was fent here to agree upon and peifedt. Four articles, to that jmr- pofe, were drawn up, and fent to the governor for confir- mation. Stuyvefant artfidly endeavoured, at this treaty, to procure an acknowledgment of the Dutch title to the country, which Eerckley as carefully avoided. This was his nnfwer. "Sir, I iiave received the letter, yon were pleafed to fend me, by mr. Mills his veflel, and fliall be ever ready to comply with you, in all acts of neighbourly friendfhip and amity. But truly, fir, you deiircme to do that, con- OF NEW - YORK. «6rniii2 yotir titles, and claims to land in this noithem part of Ameiica, which I am in no capacity to do ; for I am but a fervant of the aflembly's : neither do they arro- f ate any power to themfelves, farther tlian the miferable iftracftions of England force them to. For when God fhall be pleafed in his mercy, to take away and diiiipate the unnatural divifions of their native country, they will immediately return tO their own profefled obedience. What then they fhould do in matters of contra(ft, do- nation, or confefiion of right, would have little llrengtli or fignification ; much more prcfumptive and impertinent would it be in me to do it, without tlieir knowledge or aflent. Wefliallvery Ihortly meet again, and then, if to them you fignify your defires, I (hall labour all 1 can, to get you a latisfa(5tory anfwer. 1 am, fir^ Virginia, Au- *^ Your humble fervant, gull 20, i66o. William Berckle y." Govenior Stuyvelant was a faithful fervant to the Weft- India company : this is abundantly proved by his letters to them, exciting their care of the colony. In one, dated April -2o, i66o, which is very long and pathetic, reprefent- ing the defperate fituation of affairs on both fides of the New-Netherland, he writes, your honours ima- gine, that the troubles in England v^ill prevent any at^ tempt on thefe parts : alas ! they are ten to one in num- ber to us, and are able, without any afliftance, to deprive us of the country when they pleafe." On the 25th of June, the fame year, he informs them, that the demands, encroachments, and ufurpations, of the Englilh, give the people here great concern. The right to both rivers, fays he, by purchafe and pofleflion, is our own, without difpute. We apprehend, that they, our more powerful neighbours, lay their claims under a royal patent, which we are unable hitherto to do in your name Colonel * If we fhould argue, from this letter, that the Weft-In- dia company had no grants of the New Netherlands, from, the ftates general, as fome fuppofe, we difcredit De Laet's hiftory, dedicated to the ftates in 1624, as well as all the Dutch writers, and even Stuyvefant himfelf , who in his letter to Richard Nicolls, at th« furrender, aflerts that they laad a grant, and fhowed it under feal to the Englifh depu- ties. But the genuine conftrudrion of the Dutch governor's letter, is this, chat in 1660, he had not the patent to th* D 23 THE IIISTOHY Utie being unfaccefsful the lalV year, in his cmbaffy for the evacuation oKtbe Dutch poiielHoni* on Delaware, lord Balti- more, in autumn 1660, applied, by captain Neal, his a<»,ent, to the Wcfl-Intlia company, in Holland, for an order on the inhabitants of South river, to fubmit to his authority, which they ablblutely refufed, aflerting their right to that pan of their colony. The Kni;]ifh, from New. Enj^land, were every day en- croarhinjT upon the Dutch. 1 he following letter, from Stnyvcfant to the Welk India company, dated July 21, T6Sr, fliows the lla e of the colony at tliat time, on lx)th fides. ** We have* not yet begun tlie fort on Long-Hland, near Oyflierbay, becaufe our neighbours lay the boundaries a mile and a half more weftei ly, than we do ; and the more, a<; vour honou' s, by your advice of December 24, are not inclined to Itand by the treaty of Hartford, and propofe to (ue for redrcls on LongHland and the Frc^i Water river, by means of the Hates' ambatiiidor. Lord Sterling is faid to iblirit a confirmati'^n of his right to all Long Ifland, and importunes the prefent king, to confirm the grant made by his royal father, which is afhrmed to be already obtained. But more probable, and material, is the advice froai Mary- land, that lord Baltimore's patent, which contains the fouth part of South river, is confirmed by the king and publifhed in print : that lord Baltimore's natural brother, who is a rio;id papill, being made governoi' there, has received lord Baltimore's claim, and protelt to your honours in council, (wherewith he feems but little latisfied) and has now more hopes of f?iccefs. We have advice from England, that there is an liivafion intended agaijdt thefe parts, and the country folicited of the king, the duke and the parliament, is to be annexed to their dominions ; and for that purpofe, they defire three or four frigates, perfuading the king, that the company poflefled and held this coimtry under an unlaw- ful title, having only obtained of king James, leave for a watering place on Staten Ifland, in 162;." In Augnft 166:! , a fhip arrived from Holland at South river, with new plantei-s, ammunition, and implements of hufbandry. Lord Baltimore's fon landed a little after, and was entertained by Beekman at Niewer Amflel. This was Charles, the fon of Cerilius, who in 1661, had procured a grant and confiimation of the patent, pafled in favour of Weft-India company, to lay before the Englifh in America, who difputed the Dutch right to tliis country. O r N E W-Y O R K. 23 his father in 1632. The papifiical principles of the Baki- more family, the charge oi colonizing, the pa Uamenta, y war with Charles 1. and Oliver's uluipaticn, all conl'piied to impede the lettlement of Maryland, till the year 1 661, And thefe confiderations account for the extenlion of tiiC Dutch limits, on the welt lide of Delawaie bay. While the Dutch were contending with their European neighbours, they had the art always to maintain a friend^ fliip wiih the natives, until the war wiiich broke out this year with the Indians at Eibpus, now U liter county. It con- tinued, however, but a ftiort feafon. The five nations never gave them any diihubance, which was owing to their con- tinual wars with the French, who fettled at Canada, in 1603. I have before obferved, that Oliver Cromwell was applied to, for his aid in the reduction of this country, and that his fon Richard took fome Heps towards accompUlliing the fcheme. The work was howev-r refei'\ed for the reign of Charles II. an indolent priwce, and entirely given up cO pleafure, who was driven to it, more, perhaps, by the dlf- inerences then iubfiUing between England and Holland, tiian by any motive that might reHedt honour upon his prudence, adiivity, and public fpirit. Before this expedition, the king granted a patent, on the I2cii of March, 1664, to his brother the duke of York and Albany, for fundry tra«fts of land in America, the boundaries of which, becaufe they have given rife to important and animated debates, it may not be im- proper to tranfcribe. All that part of the main land of New-England, begin- ning at a certain place, called or known by the name of St, Croix, next adjoining to New-Scotland in Ameiica, and from thence extending along the fea coaft, unto a certain place called Pemaquie, or Pem.eqoid, and fo up the river thereof, to the furtheil head of the fame, as it tendeth northward ; and extending from thence, to the river of Kimbequin, and fo upwards, by the fliorteft conrfe, to the river Canada, northward : and alfo all that ifland, or iflands, commonly called by the feveial name or names of A'eiio- wacks, or Long Illand, lituate and being towards the weft of cape Cod, and the narrow Higanfetts, abutting upon the main land, between the two rivers, there called or known by the feveral names of Connecfticut and Kudfon's river, together alfo with the faid river, called Hudfon's river, and all the land from the weft fide of Connecticut river, to the eaft fide of Delaware bay, and alfo, all tliofe feveral illands, called or known by the names of Mamin's Vineyard, or Nan- tuck's, otlierwife Nantucket ; togethei', &c," THE HISTORY Part of this tract was conveyed by the duke, to John Lord Berkley, baron of Stratton, and fir George Carteret, of Sal- trum, in Devon, who were then nicnjbers of the king'» council. The leafe was for the confideration of ten fhil- lings, and daicd the 2;d of June, 1664. The rcleafe, dated tl^ next day, mentions no particular funi of money, as a confideration for the grant of the lands, which have the fol- lowing dclbription. All that travit of land, adjacent to New-England, and lying and being to the wcllward of Long llland, and bound- ed on the ealt part by the main lea, and partly by Hudfon's river ; and hath, )ipon the welt, Delaware bay, or river, and extendeth fouthward, to the main ocean as far as Cape JVIay, at tlic mouth of Delaware bay : and to the north- ward, as far as the northermoll branch of the faid bay or river of Delaware, w hich is forty one degrees and forty minutes of latitude : wiJch faid tradt of land is hereafter to be called by the name, or names, of Nova Caefarea, or Kew- Jerfey. Thus the New Netherlands became divided into New- Jcrfey, fo cr^lled after the ille of Jerfey, in compliment to iir George Carteret, whofe family came from thence ; and New York, which took its name in honour of the duke of York. The Dutch inhabitants by the vigilance of their governor, ^vcre not unapprifed of the defigns of the Englifh court againft them ; for their records teftify, that on the 8th of July, "the general received intelligence, from one Thomas Willet, cn iinglilliman, that an expedition was preparing in England, againft this place, confilUng of two frigates of 40 and 5c guns, and a fly boat of 40 guns, having on board, qoo fcidiers, and each frigate 150 men, and that they then lay at Portfmouth, waiting for a wind." News arrived alfo from Bofton, that they had already fet fail. The burgomaf- ters were thereupon called into coimcil. The fortrefs was ordered to be put into a pofture of defence, and fpies fent to Milford and Well-chefter for intelligence. Bofton was in the fecret of the expedition ; for the general court had, in May p'-r reding, palled a vote for a fupply of provifions, to- wards refrefhing the fuips on their arrival. They were four in number, and refolved to rendezvous at Gardener's iHand, jn the Sound, but parted in a fog, about the 20th of July. Richard Nicolls, and fir George Carteret, tv. o of the com- millioncrs, were on board the Guyny, and fell in firft with Cape Cod. The winds having blown from the fouth weft, the other ftiips^ with fir Robert CaiT, and mr. ISIavenick, O F N K W YORK. 25 the remaining commiflioners, were rightly conclnded to be driven to the eaftward. After difpatciiing a letter to mr. Wintlirop, the governor of Connecticut, requefting his af- liftance, col. Nicolls proceeded to Nantaflcet, ai.d thence to Bofton. I he other fliips got into Pifcataway. John Endicot, a very old man, was then govcmor of Bolton, and incapa- ble of btifinefs. The commillioners, theref ore, had a con- ference with the coimcil, and eaineilly iniplored the al- fiftance of that colony. Col. Nicolls and fir Geoige Carteret, in their letter from Bofton, to lir H. Bennet, fecretary of ftate, complain much of the backwardnefs of that province. The reafons urged in their excule, were poverty and the feafon, it being the time of harveft ; but perhaps difafFec- tion to the Stuart family, whofe perfecuting fury had driven them from their native country-, was the true fpring of their condu(ft. The king's fuccefs in the redud:ion of the Dutch, evidently opened him a door, to come at his ene- mies in New-Enjgland, who were far from being few* ; and whether this conlideration might not have given rife to the projecft itfelf, I leave to the conjedtures of others. On the 27th of July, Nicolls and Carteret made a formal requelt in writing, ^' That tlie government of Boilon would pals an ad: to furnifti them with armed men, who ftiould be- gin their march to the Manhattans, on the 20th of Augult enfuing,and promifed,that if they could get other affiftance, they would give them an account of it." The governor and council anfwered, that they would afiemUe the general court, and communicate the propofal to them. From Bofton, a fecond letter was written to governor Winthrop, in Connecticut, dated the 29th of July, in which he was infonned, that the other fliips were then arrived, and would fail with the firft fair wind ; and he was defired to meet them at the weft end of Long-Ifland. One of the fhips entered the bay of the North river, fe- * T. Dixwell, cfq. one of Charles I. 'sjudgcs,and excepted out of the general pardon, lived many years at New- Haven (incog.) in quality of a country merchant : fir Fdmond Androfs, in one of his tours through the colony of Connec- ticut, faw him there at church, and ftrongly fufpecfted him to be one of the regicides. In his laft illnefs, he revealed himfelf to the minifter of the town, and ordered a fmall ftone to be fet at the head of his grave, which I have often feen there, infcribed, T. D. efq. While at New-Kaven, he ^vent under the name of John Davis. THE HISTORY •veral days l^efbrc the reft ; and as foon as they wrre aU come up, Stuyvefant lent a letter, dateti -1^ oi Aum ft, at fort Anil, diiected to the conimaiulers ot iiic tngtifh fu- gates, by John Dcclyer, one of the cliief council, ihe rev. John Mej^npoleiihs, uiiniiter, Paul Lunder Vantler Giilft, major, andnir. Samuel ^ egapolc i:hs,doCLor in pliyhc, with the utiiioft civility, todt fiie ihc rc;il(>n of iheir approach, aiul continuinir in ihe harbour of Naijarlij, wirhout giving notice to the Dutch, Avhich (he writes] tlicy ought to have done. Col. Nicolls aiifwercd tlic next day with a fummons. To the honorable tiie governors, and chief council at the Mai iliat tens. " Right worthy firs, *' T Received a letter by fome worthy perfons intmftei A by yo'.i, bcaiing date the ^ of Auguft, deliring to knov,- the intent of the approach of the Knglifh frigates ; in return of which, I think it fit to let you know, that l,i» Jiiajefty of Great Britain, whofe right and title to tliefe parts of America is unqueftionable, well knowing, how much it derogates from his crown and digniiy, to luffcr aiiy foreigners, how near focver they be allied, to ufui pa do. minion, and, without his majefty's royal confent, to inhabit in thefe, or any other of his majefty's territories, haih commanded me, in his name, to require a lurrender of all (uch forts, towns, or places of ftrength, which are now poHeiled by the Dutch, under your comn^.ands ; and in his majcicy's name, I do demand the town, fituate on the ifland commonly known by the jiame of Manhatoes, with all the forts thereunto belonging, to be rendered unto his majefty's obedience and protection, hito my hands. I am further connnanded to aflure you, and every refpective inhabitant of the Dutch ration, that his majefty, being tender of the effufion of chriftian blood, doth by thcfe prefents, confirm and fecMrc to every man his eftate, life, and liberty, wlto (liall readily fubmit to his government. And all thofe, who fhall oppofe his majefty's gracious intention, muft cxped: all the miferies of a war, which they bring upon themfelves. I fliall expecl: your anfwer by thefe gentlemen, colonel George Carteret, one of his majefty's commiilioB- crs in America ; captain Robert Necdham, captain Edward (proves, aiid mr, Thomas Delavall, whom you will entet' or N E W - Y O R K. tain with fuch civility as is due to them ; and yourfclvxi and yours, fhall receive the fame, from, " Worthy firs. Dated on board kis your very humble fervanr, majefty's fhip, the " Richard Isicolls." Guyny, riding be- fore N'aych, the || of Aug. 1664. Mr. Stuy vefant promifed an anfvver to the fummons th* next morning, an 1 in the mean time convened tiie council and burgo^T^/*l:e'-s. The Dutch governor was a good foldier, and ha'l loft a leg in the fe vice of the ftates. He would 'willingly have made a defence ; -sind refufed a fight of the fiimmons. both to ihe inhabitants and burgomaiiiers, lelt theeafy te.iiis offered, might induce them to capitulate. The latter, however, infilled upon a copy, th?t they might communica'C it to the la.e mnriitiates and principal biirghers. They called together the nihabitants at the ftadt- ho'ife, and acquainted them with the governor's refufal. Governor Winlhrop, at the fame time, wrote to the di- re /*:or ard his council, ftiougly reccrnneuding afarrcnder. ;On the 2 2d of" Augaft, the burgomafters came again into council, nnd dsfiied to know the contents of the PJnglilh meilagc f.om governor Winthrop, which Stuy vefant ftiH refLifed. They continued their importunity ; and he, in a fit of anger, tove it to piecee : upon which they protelted stgainfl the a(5l, and all its confequences. Determined upoli "a. defence of the count»-y, Stuyvefant wrote a letter in an- fwer to the fummons, which, as it is hiftorical of the Dutch claim, will doubtlefs be acceptable to the reader. The fol- lowing is an exac^ tranfciipt of the record. My lords, "^OUR firft letter, unfigned, of the |J Auo;uft, together X with that of this day, figned accortUng to form, be- ing the fi: ft of Seprember, have been fafely delivered into ■our hands by your deputies ; unto which we fhall fay, that the rights of his majefty of England, unto any part of America hereabout, amongft the reft, unto the colonics of Virginia, Ma-yland, or others in New-England, whe- ther difputable or not, is that which, for the prefent, we have no defign to debate upon. But that his majefty hath an indifputable right, to all the lands in the north parts of America, is that, which the kings of Fiance and Spain will disallow, as we abfolutely do, by virtue of a commiilion given to me, by my lords, the high and mio;hty ftaies iie- neral, to be governor general, over New-Holland, the iile 2$ The HisTORr of Curacoa, Bonaire, Aruba, >vith their appurtenance an*! tlepcndencies, bearing dare the 26th of July, 1646 ; as alfo by virtue of a grant and comniiflion, given by my fUid lords, the high and mighty flares general, totiie Weft-Indiaconxpa- 5ny, in the year 162 1, i\ith as much power and as authentic, as his faid majefty of Kngluiid liath given, or can give, to any colony in America, as more fa) ly appears by tiic patent and cominillion of the faid lords the Hates general, by them figncd, rcgiftered, and fcaled with their great feal, which Nvere fhowedioyour deputies, colonel George Carteret, cap- tain R^obcrt Ncedha'.n, captain Edwa d Groves, and mr. Thomas Delavall ; by which comnuHion and patent, togc- ther (to deal f:-ankly v itii you) and by divers letters, fign- cd and fealed by our Hiid lords, the Ihitcs general, directed to fcveral pjrlbns, both iMigUfh and Dutch, inhabiting the towns and villages on Long llland, (which, without doubt, have been prodiiced before you, by thole inhabitants) by Nviiich they are declared and acknowledged to be their fubjects, with exprcfs command, that they continue faithful unto them, unde; penalty of incurring their ntmolt difplca- fure, which makes it appear more clear than the fun at noon-day, that yoar firft foundation, viz. that the right and title of his majcfty of Great Britain, to thefe pans of Amenca, is unqujilionable, is ablblutely to be denied. Moreover, it is without difputc, and acknowledged by the ^vorld, that our preaeceflbrs, by virtue of the commiffion and pateni of the laid lords, the ftates general, have, with- out conrroul and peaceably (the contrary never coming to our knowledge) enjoyed fort Orange, about 48 or 50 years, the Manhattans about 41 or 42 years, the South river 40 yeais, and the Frelh Water river about 36 years. " Touching the fecond fubjecl of your letter, viz. " His majelly hath commanded me, in his name, to require a fur- render of all fuch forts, town?, or places of ftrength, which now are poOliled by the Dutch, under your command v. e (hall anfwer, that we are fo confident of the difcrction and equity of his majefty of Gi eat Britain, that in cafe his ma- jcllry w-re informed of the truth, which is, that the Dutch came not into thefe provinces, by any violence, but by vir- tue of commiflions from my Lords, the ftates general, firfl of all in the years 1614, 161 5, and 1616, up the North Ri- ver near fort Orange, where, to hinder the invafions and madacres, commonly committed by the favages, they built a little fort, and after in the year 1622, and even to this prefent time, by vi-tue of commiflion and grant, to the go- vernors of the Weft India company ; and moreover, in the O f n e w- y 6 r k. jrear 1656, a grant to the honourable the burgomaflers of* Amfterdam, of the South River infomuch, that by virtue of the abovefaid commiHions from the liigh and mighty ftates genei*al, given to the perfons interefted as aforefaid, and others, thefe provinces have been governed, and confequent- Jy enjoyed, as alfo in regard of their firft difcovery, unin- terrupted pofleffions, and purcliafe of the lands of the princes, natives of the country, and other private pcrfon^ (though gentiles) we make no doubt, that if hb faid ma- jefty of Great Britain, were well-informed of thefe paf- fages, he would be too judicious to grant fuch an order, principally in a time when there is fo ftrah a friendfhip, and confederacy, between our faid lords and fuperiors, to trouble us in the demanding aftd fummons of the places and fortrefles, which were put into our hands, with order to maintain them, in the name of the faid lords, the ftates general, as was made appear to your deputies, under the names and feal of the faid higii and mighty ftates general^ dated the 28th of Jiily X646. Beftdcs what hath been men- tioned, there is httic probability, that his faid majefty of England (in regard the articles of peac6 are printed, and tv ere recommended to us to obferve ferioi.fly and exadtly^ by a letter ^vritten to us by our faid lords, the ftates general, and to cau fc them to be obferved religioufly in this coun- try) woidd give order touching fo dangerous a dellgn, bein^ iilfo fo apparent, that none other than my faid lords, the ftates general, have any right to thefe provinces, and con- fequently ought to command and maintain their fubjecfts, and in their abfence, we, the governor general, are obliged, to maintain their rights, and to repel and take revenge of all threatenings, unjuft attempts, or any force whatfoever, that fhall be committed againft their faithful fubjelcd fhall go cii, and that the engage- ment fhall be liiiislied. XVI. "All inferior civJ] officers and magiilrates, fhall con- tinue as now they arc, (if tiicy plcafe) till the cufioinary time of new elcdtions : and then new ones to l)e chofen by themfelvcs, provided that fucli new chofen magiflrates fhall take the oath of allegiaiurc to his majefly of England, before they enter upon their oflice. XVII. *' All differences, of contratfls and bargains made before this day, by any in this co.intry, fhall be determi- ned, according to the manner of the Dutch. XVIII. *Mf^it do appear, that the Weft India compa- ny of Amiterdam, do really owe any Aims of money to any pcrfons hei e, it is agreed that recognition, and other du- ties payable by fhips going for the Netherlands, be continu- ed for fix months longer. XIX. The officers mil iiary, and foldicrs, fliall march out with their arms, drums beating, and colours flying, and lighted T;natches ; and if any of them will plant, they fhall liave fifty acres of land fet out for them ; if any of them will ferve as fcrvants, they fliall continue with all fafcty, and Ijeconie free denizens afterwards. XX. " If at any rime herrafrcr, the king of Great Bri- tain, and the ftates of the Ncrherland do agree that this place and country- be rc-delivercd into the hands of the faid llatcs, wlienfoevcr his majeily will fend his commands to fe-deliver it, it fhall immediately be done. XXI. " That the town of Manhattans fliall choofe de- puties, and tliofe deputies fhail have free voices in all pub- lic affairs, as much as any other deputies. XXII. " Thofe who have any property in any houfes in the fort of Aurania, fhall, (if they pleafe) flight the forti- fications there, and then enjcy all their houfes, as all peo- ple do where there is no fort. XXIII. If there be any foldiers that will go into Hoi- land, ai.J if the company of Wefl-India in Amfterdam, or any private perfons here, will tranfport them into Holland, then they fliall have a fafe paflport from col. Richard Ni- colls, deputy-governor under his royal highnefs, and the -other commillioners, to defend the fhips that fhall tranfport fuch foldiers, and all the goods in them, from any furprifal or acts of hoflility, to be done by any of his majefly's fhips or fubjeds. That the copies of the kind's grant to his reyal highnefs, and the copy of his royal highnefs's com- OF NEW - YORK. miffion to col. Richard Nicolls, teftified by two coinmif- fioners more, and itir. Winthrop, to be true copies, fliall be delivered to the honourable mr. Stuyvefant, the prefent governor, on Monday next, by eight of the clock in the morning, at the Old Miln ; and thefe articles confented to, and ligned by col. Richard Nicolls, deputy-governor to his royal highnefs, and that ^vithin two hours after the fort and town called New-Arafterdam, upon the ifle of Man- hatoes, lhal! be delivered into the hands of the faid colonel Richard Nicolls, by the fcrvice of fuch as fliall be by him thereunto deputed, by his hand and feal. John de Decker, Nlch. Verleett, Sam. Mcgapolenfis, Cornelius Steemvick, Oloffe Stevens Van Kortlanr, James Coufleau, Robert Carr, Geo. Carteret, John Winthrop, Sam. Willys, Thomas Clarke, John Pinchon. I do confent to thefe articles, " RICHARD NICOLLS.'* Thefe articles, favourable as they^vere to the inhabitants, were however very difagreeable to the Dutch governor i and he therefore refufed to ratify them, till two days after they were figned by the commiflioners. The town of New-Amfterdam, upon the reduction of the ifland Manhattans, took the name of New-York. It confift- ed of feveral fmall ftreets, laid out in the year 1656, and was not inconfidei-able for the number of its houfes and in- habitants. The eaf;' terms of the capitulation, promifed their peaceable fubjec^tion to the new government ; and hence we find, that in tv/o days after the furrender, the Bofton aid was difmifled, with the thanks of the commif- fioners to the general court. Hiidfon's and the South river were, however, ftill to be reduced. Sir Robert Carr com- manded the expedition on Delaware, and Carteret was commilRoned to fubdue the Dutch at fort Orange. The garrifon capitulated on the 24th of September, and he cal- led it Albany, in honour of the duke. While Carteret was here, he had an interview with the Indians of the five na- tions, and entered into a league of friendfliip witii them, which remarkably contmues to this day*. Sir Robert Carr was equally fucccfsful on South river ; for he compelled both * The Dutch were fenfible of the importance of prefcrv- ing an uninterrupted amity with thofe Indians, for they were both very mmierous and warlike. The French par- fued quite different meafures, and tlie irruptions of thofe tribes, according to their own authors, have often reduced Canada to the brink of ruiii^ THE HISTORY, Lc. the Dutch and Swedes, to capitulate an 1 deliver up their ^arrifons the firft of Oiftober, 1664 ; and that was the day in which the %vhole New-Netlricrlands became iiihjedt to the Englifh crowii. Very few of the inliabitaiits thought proper to lemove out of the country. Governor Stuyvefant him- felf held his cftate, and died here. His remains were in .er- red in a chapel, which he had ercifted on his own farm, at a fmall diltanccfrom tlic city, now poflcfied by hisgrandfon Gcrardus Stuyvef.int, a man of probity, who has been elec't- ed into tlie magiftracy, above thirty years fucceilively. Juf- licc obliges me to cVclarc, that for loyally to the prelcnt reigning family, and a pure attaclmient to the protellant religion, the defcendtnts of the Dutch planters, are per-* haps exceeded by none of his majefty's fubjecis. THE HISTORY OF NEW-YORK- A R T IT. From the fnrren^cr hi 1664, /a the fsttkment at the rcvoluiiom t> ICHARD NICOLLS being now poflefled of the XV country, took the government upon him, under the ftile of " deputy- governor under his royal highnefs the duke of York, of all his territories ir America." During his flioit continuance here, he pafled a vafl number of grants and confirmations of the ancient Dutch patents, the profits of which muft hav e been veiy confiderable. Among thefe, ho one has occafioned more animated contention, than that called the Elizabethtown grant, in New-Jerfey ; which, as it relates to another colony, I fhould not have mentioned, but for the opportunity to caution the reader againft the I'eprefentation of that controverfy contained in Douglafs's fummary. I have fafficient rcafons to juftify my charging that account with partiality and miftakes ; and for proofs, refer to the pnnted anfwcr in chancery, publifhed in the year 1751. Be fides the chief command of this province, Nicolls hadi a joint power* with fir Robert Carr, Carteret, and Mave- The commiffion from king Charles II. was dated the 26th of April 1664. After a recital of difputes concerning Umits in New-England, and tliat addrefles had been fent home from the Indian natives, complaining of abnfes re- ceived from the Englifli fnbjed:s ; the commiflioners, or any three or two of them, of which Nicolls was to be one, were authorifed to vxfit the New-Enjjtaiid colonies, 9nd dc- THK HISTORY rick, to fettle the coiitcllcd boundaries of certain great pa- tencs. Hence we find, that three of them had a conference wi:h leveral gtntlenicn from Connecticut, refpeciing the limiis of this and that colony. The refult was an adjudica- tion, in tlici J words : " By viriac of his majefty's commiflion, we have heard the diffcM encc, about the bounds of the patents granted to his royal higlmefs the duke of \ ork, and his majefty's co- loi.y of Conjic (icut, and liaving deliberately confidered all the reafons alleged by mr. AUyn, fen. mr. Gold, mr. Richards, and ca^xain VVinthrop, appointed by tlic aflem- bly, iield at Hartford, the 13th of October, 1664, to accom- pmy Jolui Winthrop, clq. the governor of his majefty's coluiiy of Conncclticui:, to NewYork, and to agree upon ihp bo.inds of the fiid colony, why the laid Long Uland Ihould be under the government of Connetfticut, which arc too ).>iig here to be reciicd, we do declare and order, that the foutherii bounds of his majefty's colony of Connecticut, i» the fea, and that Long Illaiid is to be under the govern- ment of his royal higiuicfs the duke of York, as is exprefled by plain words, in the laid patents, refpeciively, and alfo by virtue of his majefty's commillion, and the confent of both the governors and the gentlemen above-named. We alfo order and declare, that the creek, or river, called Ma- niaroncck, v/hich is reputed to be about thirteen miles to the eaft of Weft-chefter, a]ul a line drawn from the eaft point or lide, where the frefh water falls into the fait, at hir;h water ma^ k, north-north -weft to tiie line of the Maf- fachufetts,be the vrcfbern bounds of the faid colony of Con- nec^ticut, and all plantations lying wellward of that creek and line fo di avv n, to be under his royal highnefs's govern- meut ; and all plantations lying eaftward of that creek and line, to be under the government of Connecticut. Given under our hands, at james's fort in New York, on tlieilland «f Manhatt?n, this ift day of December, 1664. " Ricliard Nicolls, Geoi-gc Carteret, S. Maverick." We the governor and commilfioners of the general af- fcmbly of Connec'ticut, do give onr confent to the limits suid bounds above-mentioned, as witncfs our hands, Gold^ John Winthrop, jnn. JohnWintlirop, fen. . Allen, fen Richards." termine all complaints, military', civil, and criminal, accord- ing to their difcretion, and fuch iiiftniitions, as they might receive from the crown. O F N E W - Y O R K. 39 At the time of this determination, about two tliirds of Long Ifland were poliefled by people from New-iLngland, who had gradually encroached upon the Dutch. As to the lejtlement between New York and Ccnncciicut on the main, it has always been confidcrcd hy the former, as founded upon ignorance and fraud*. The ftation at Mama- roneck was about 30 miles from New York, from Albany 150. The general cou^fe of the river is about north 12 or 15 <^ ealt : and hence it is evident, that a north north \veft line will foon interfeift the river, and confequently leave the Dutch country, but a little before furrendered to col. Carteret, out of the province of Nev.'-York. It has been generally cfteemcd, that the Conne(5licut commifhoners in this affair, took advantage of the duke's agents, who were ignorant of the geography of the comitry. About the dole o? the year, the ellate of the Weft- India company was feized and confifcated, lioililiLies being ac- tually commenced in Europe as well as America, though no declarations of war had yet been publifhecl by eiihci- cf the contending parties. A great difputc between the inhabi- tants of Jamaica on Long Hland, which was adjufted by col, Nicolls, on the 2d of January, 1665, ^ave rife to a falutavy inftitution, which has in part obtained everfince. The con- troverly refpcdlcd Indian deeds ; and thenceforth it was ordained, that no purchafe from the Indians, without the governor's licenfe, rxecuted in his preience, flioidd be valid. The fbrength and numbers of tlic rrativcs rendered it ne- cefiii.ry to purchafe their rights ; and to prevent their fre- quent felling the fame tracft, it was expedient, that the bar- gain fliould be attended with fome confiderable folem- nity. Another inftance of col. Nicolls' s prudence, was his gra- dual introdud:ion of the Englifn methods cf gcvevnniCiit. It was not till the 12th of June, this year, that he incoipo- rated the inhabitants of New York, under the ca ;c of a mayor, five aldermen, and a flieriff. Till this time, the ci- ty was ruled by a fcout, burgomaflers, and f<:hepens. In March preceding, there was a gi'eat convention, be- fore the governor at llempftead, of two deputies from every town on Long Ifland, empowered to bind ti.eir conn Itituents. The defign of their meeting wr s to adjull the li- * The town of Rye was fettled under Connecfticut ; and the grant from tiiat colony is bounded by tliis line of di- vifion.. THE HISTORY mits of their townlhips for the prefer vation of the public peace. The war being; proclaimed at London, on the fourth of this moiirh, NicoUs received the account of it in June, with a letter from tlie lord cliancellor, informing liim, that dc Riiyrer, the Dutch admiral, had orders to vifit New York. His lordfliip was mifinfonned, or the admii ul %vas diverted f)om the enterprifc ; for llie EngliHi peaceably held the pollcHion of the country during the whole war, which was concluded on the 21 It of July, 1667, by the treaty of Breda. Some are of opinion, that the exchange made with the Datch for Surinaai, which they had taken from us, was ad- vantageous to the nation : but thefc judges do notconlider, tha-: it would have been impofllble for the Dutch to have p:e(r vcd this colony againll \\\v increafuig flrength of the pcopl.' in New- 'ngland, MaiThu^d, aud Virginia. After an adminillration ot^ tlirce years, Kicolls returned to England. The time, during his fl:ort refidence here, wa» almoli wholly taken up in confirmuig the ancient Dutch grants, lie erec^tcd no courts of juftice, but took upon him- felf the fole decifton of all controverfics whatfoever. Com- plaints came bcfo e him by petition ; upou which lie gave a day ro the parties, aud, after a fummaiy hearing, pro- nounced judeaceably under him, 1:111 the re-flarrender of the colony, which put an end to his poAA-er, and is the only event, that lignalized h'ls ad- miniftration. The ambitious defigns of Louis XIV. againll the Dutch, gave rife to our war with the ftates general in ^672. t'harles 11. a prince funk in pleafures, profligate, and poor, was eafily detached from his alliance with the Dutch, by the intrigues and pecuniary promifes of the French king. Tlie OF NEW - YORK. 41 following pafla^e from a fine miter*, fho-Nvs that his pre- tences for entering into the war, were perfectly gioimcUefs and trifling. " The king of England, on his fide, reproached tlieni with difrefpect, m not directing then- tieet to lower the flag be- fore an Englifli fhip : and they were aUo accufed in regard to a certain picrare, wherein Cornelius de Witt, brotiier to the penfianaiy, was painted with the attributes of a conque- ror. Ships were reprefented in the back ground oi'the piece, either taken or burnt. Cornelius de Witt, who had vcally ^lad a great lhare in tlte maritime exploits agaiiiit Jingland, had permitted this tritUng memorial of Ids glory: but the pi(fture, which was in a m^mer unknown, was dcpoHtedin ^ chamber wherein fcarce any body ever entered. 1 he Englifli miniiters, y> ho prefented the coniplaii\ts of their king againlt Holland, m writrngj therein mentioned cenain abufive picftures. The ftates, \\ ho always, trandaied the me- morials of ambafladors into French, having lePidered abt.- five, by the words far/tifs trojnpturs, they replied, that they did not know what tliefe r^guij}? pictures (cjs tableaux trmnpeurs) were. In reality, it never hi the leaft entered into their thoughts, that it concenied this portrait of one of their citizens ; nor did they ever concci^ e this coidd be a pretence for declaring wai-." A few Dutch fliipi arrived the year afucr, on the ;;oth of July, imdcr Statev ifland, at the diftance of a fe\v mile* irom the city of New York. John iNjiaiuiing, a captaiii of aii independent company, had at that time the counnand of tho fort, and by a meiienger, fent clown to the fquadron, treach-. eroufly made his peace with the enemy. On that very day, the Dutch fhipA came up, moored under the fort, landed ^heir men, and entered the ganiibn,. wiihout gi'^ij^S or re- ceiving a fhot. A council of war wc^ aflerwaids held at the lladt houle, at which were pj efent Cornelius Evertfe, jun, Jacob Benkcs, commodores. An- thony Colve, Nicholas Bowes, Abraiiam Ferd. Vaii Zyll, captains. All the magiftrates and conftables fromEaft |er{ey. Long IHand, E&pus, and Albany, were immediateiy Irsmmoned to New York ; and the major part of them Ivvore allegiance to the Hates general, and the prince of Orange. Col. Love- lace was ordered to depait the pi ovince, but afterwards ob- tained leave tQ return to England with conxmpdore Benkes, ^' Voltaire's a^e of Loids XtV. AZ T H E II I S T O R Y It has often been infiiled on, that this conqiicfl did not ex- tend to the whole province of New-jerfey ; but upon >vh:it foundation, I cannot difcover. From tiic Dutch records, it appears, that deputies were fcnt by the people inhabiting the country, even fo far v/cftward as Dcla\N are river, who, in the name of their principids, made a declaiation of their fu'omilhon ; in rctuni for which, certaui p 'ivilegcs were granted to them, and three judicatories eictfted at Niewer Amftcl, Upland, and Hocr Kill. Cohe's commiifion to be governor of this country is worth printing, becaiifc it fliows the extent of the Dutch claims. The tranliation rui.s thus : The honourable and awful council of war, for their high mi(?htine{les the Itates general of the United Kether- lands, and his fcrcne highnefs the pi i nee of Orange, over « Iquadvon of fhips, now at anchor in Hudfon's liver in >.ew - Netherlands. To all thofe who fliall fee or hear thefe, greet- ing. As it is nece(Fary, to aj^point a fit and able perlon, to cany the clilcf command over this coriqiTell of New- Netlierlands, with all its appendencies and dependencies frov\ Cape Hinlopen, on the fouih fide of the fou.h or Dela- ware bay, and fifteen miles more fourhc ly, wiJi tl c faid bay and South river included ; fo as they were forme ly poffcfll-d by the directors of the city of Amftcrdam, and af- ter, by the Englifli government, in the name and riglit of the duke of Yoi'k ; and further f om the faid cape of Hin- Jopcn, along the great ocean, to the e ifl end of Lo.ig Ifland, and Sliehcr Ifland ; from thence wcftward to the middle of the Sound, to a town called Greenwich, on tiic main, and to run landward in, northerly ; provided tliat fuch line fhall not come within ten miles of North river, conform.able to a provincial treaty made in 1650, and ratified by the ftates general, P'cbruary 27, 1656, and Janna^ 2:, 1664; with all lands, illands, rive rs, lakes, kills, creeks, f efli and fait wa- ters, forti-efles, cities, towns, and plantations thciein com- prehended. So it is, that we being fufTiciently aflbred of the capacity of Anthony Colve, captain of a company of foot, in the fervi^e of their high mightineilcs, the ftares general of tlie United Xe licrlands, and his ferene hlglinefs the prince >f Orange, &:c. By virtue of our commiflion, granted us by their befo/e mentioned hi^h mightinefles and his high- nefs, have appointed and qualified, as we do by thefe pre- fents appoint and qualify, the faid captain Anthony Colve, to govern and rule thefe lands, with the append encies and dependencies thereof, as governor general ; to protedl them from all invafions of enemies, as he fhall judge mod necefia- ry ; hereby charging all liigh and low officers^ juftices^ and OF NEW YORK. 43 jHagiftrates. and others in authority, foldiers, burghers, and all the hiiiabitants of this land, to ackno^vledge, honour, refpect, aiii obey the faid Anthony Colve, as governor ge- neral ; for fuch we judge neceflary, for the iei-\ice of the countiy, waiting the approbation of our principals. Thus done at fort W illiain Henderick, the 12th day of Auguft^ 1673. Signed by Jacob Benkes." Cornelius Eveitfe, jun. The Dutch governor enjoyed liis office but a very ihort feafon ; for on the 9th of February', 1674, the treaty of peace beviween England and the itates general was figned at Weftjniniler the lixth article of which, reilored this coun- try to the Englifli. The terms of it were generally, " tliat whatfoever couiiti-ies, iflands, towns, ports, caftlcs, or forts, have or fhall be taken "on both fides, fince tlie time that the late unhappy war broke out, either hi Europe or elfewhere, fliall be reflored to the former lord ; nd proprietor, in the fame condition they ihall be hi, AN hen tlie peace itfclf fliall be proclaimed ; after which time, there fliall be no fpoil nor plunder of the inhabitants, no demolition of fortifica- tions, nor carrying away of guns, powder or military ftcres, wliich belonged to any callle or fort, at the time when it was taken." , The lenity, which began the adminiftration of col. Ni- ♦ cpl^s, was continued under L ovelace. He appears to liave been a man, rather of a plilegmatic than an ei.terpnfing difpofition, always pui fum^ the common road, and fcai-cely ever acting v»ithout the aidot his council. Inflead of taking upon himlelf the fole deteiraination of judicial controver- lics, after the examj^le of his predeceflbr, he crdled to his alliftance a few ] llices of the peace. This, wiiich was cal- led die CO i;t Oi afli '.es *, was die principal law judicatory in thofe limes. The le-^iflative power under the duke, was veftcd enti cly in the c;c^- enio ' and council. A tliird eftate migh^ then be eafily difponfed with, for the charge of the * This was a court bo^h of law and equity, for the tiial of caufes of 20!. a.nd upwards, and ordinarily fat but ojice a year. Subordinate to tiiis, were tlie town courts and lef- fions ; the former took cognizance of actions under 5I. and Vie latter, of fui 3 benveen tliat fum and twenty pounds : feven ccnftables and overfceis were judges in the firfl: ; and in the laft, the ju£Vices of tlie peace, with a jury ©f fevcn. men. The verdict of the uiajoi iry was fulHcient. 44 THE HISTORY ftrovintt was Tmall f , and in a great mcafiirt defrayed by liis roy'cd hi^hneJs, the proprieDor of the country. Upon conclvirion of the peace in 1674, the duke of York, 16 remove all controvcHy ref)ic(^tinff his propeny, obtained a new patent * fi om the king, dated the 2()u\ of Jnne, for the lands ji.^'aiKcd in 1664, and rvvo days after commilfioned m;fjor, '\f:e''Nvarus fir Ediiiond Anthol's to be govenior of hi* tcrritori- s in America. After the refignation of this pro- vince, -which was niflde to hhn by the Dutch pofleflbrs, on the ^,1(1 of October followinjc;, he called a court martial, to t»y M:'n'un';for his treaclierous and cowardly fuiTender. Tlie articles of acculation exhibited againft him, weine in fjiblhmce, I. Tlr.ir the flii 1 Manninir, on the 2'^th of July, 167:?, hav- {n r notice of the npproacli of the enemy's licet, did not en- deavour to put tlie tra'Tifonin a pofture of defence ; but, on the contrary, fHi^lired fuch as oiferetl their idTiftance. II. Tiiat -n'hilc the fleet was at anchor under Staten Ifland, (m the ^o'h of July, he trcacheroufly fent on board to treat with the enemy, to the great difcouragement of the gar- rifon. III. That he fuflfered the fleet to moor under the fort, forbidding a gun to be fired, on pain of death. ■j- The manner of raifing public money, was eftablifhed by 60I. Nicolls on the fi. ft of June 1665:, and was thus. The hi^rh fheriffilU'.ed a warrant aimually, to the high confta- blcs of every dillncT:, and they fent theirs to the petty con- ftables ; who, with the overfeers of each town, made a lift 6f "11 male peribns above fixtcen years of age, with an cfti- mate of their rent and perfonal eftates, and then taxed them According to certain rates, prefcribed by a law. After the flflcQInent was returned to the high fheriff, and approved by the governor, the ccnftables received warrants for levying tlie taxes by diftrefs and fale. * Some are of opinion, that the fecond patent was nn- jieceflary, the duke being revefted per poft liminium. This matter has been often difputed, in the ejecflments between the New-Jerfey proprietors and the Elizabethtown paten- tees. In New York, the right of poftliminy was difregarded, tmd perhaps unknown ; for there are many inftances, ef- pecially on Lon^ Ifland, of new grants from fir Fdmond Androfs, for lands patented imdcr Nicolls and Lovelace, by ■which the quit-rents have been aitfully enlaro|€d. O F N E W-Y O R K. 4$ IV. That he permitted the enemy to lund^ Avithont the 'leaft oppofition. V. l hat, fhortly after he had fent pe^ fons to ti-eat with the Dutch commodores^ he ftruck his flag, even before tbe enemy were in fight of the garrilbn, tiie fort bemg in a condition, and the men defnous, to fight. VI. And laftly, that he treachei oufly canfed the fort gates to be opened, and cow ardly and balely let in the enemy, yielding the garrifon without articles. This Ibandalous charge, which Manning on his trial coii^ fefled to be true, is lefs furpiifing, than ihe lenity of the fentence pronounced againtt him. It was tins, that though hedeferved death, yet becaufe he had, fince tiie furrender, been in England, and feen the king and the duke, it was adjudged that Ids fword fhould be broke over his head in public, before the city hall, and himfelf rendered incap;^- ble of wearing a fword, and of fei ving his majelty for the future, in any public truft in the government. This light cenfure is however no proof, that fir Edmond was a man of a merciful difpoiltion ; the hiftorians of New- England, where lie was afterw^ards governor, juftly tranf- mit him to pofterity, under the odious charac^ter of a lyco- phantic tool to tlic duke, and an arbitrary tyrant over the people committed to his care. He knew no law, but the will of his mailer : and P^irk and Jclferies were not lit- ter inftnimcnts than he to execute the defpotic proje«5ti3 of James II. In the year 167^, Nicholas Renflaer, a Dutch clergyman, anived here. He claimed the manor of Pvcnfiaerwick, and was recommended by the duke to fir Edmond Ar.drofs for a living in one of the churches at New-York, or Albany, probably to ierve the popifn caufc*. Niewenhyt, mmifler * Another reafon is aliigned for the favour he met with from the crown. It is faid, that while Charles II. w^as an exile, he predicted the day cf his reftoration. The people of Albany had a liigh opinion of his p opheric Iplrit, and inany ftrangc tales about him ilili prevail there. The pai fon made nothing of his claim, the manor being afterwards granted, by col. Dongan, to Killian Vaii Renflacr, a diilant relation. This extenfive tra(fl, by the Dutch called a colony, is an oblong, extending 24 miiles upon Hudfon's river, and as many on each fide. The patent of confirmation wa^ illued by fpeclal dire<^lion from the king, and is the mofc libera], in the privileges it grants, of any one in the province. 4^ THE HISTORY tji the church at Albany, difputed his right to adminiftCT tlie fdcrainciits ; bccaule he iiaa ifccivcrt un epilcoixil or- diiia.ioii, an i was noL appioved b/ the clallis of Amllerdam, to wliicii tii J Dutca ciiiirclics here h»)lvl thCiiilcKts lubordi- nate. In this tontioveiiy, the govcii.or took the pan oi* Henilacr, and accordiiii2,ly lunimoucd NicweuIiyL before lii:n, to anlwci for his conduct, 'i iiis niiiiiller r,ds treated "lyiih fucn fui^ular contempt, aiid I'o iVequemly lian ailed by fraiUefs and expci.live aiLeiidances bcfoie the coiuicil, that tnc dilpuie became inieiciiini:, and the greater j.art of the people icfenicd tiie ulane he met >vith. Hence \%e fuid, tliac tiie maglflraies of Albany, foon after iniphfoncd Rer»- llaer, for leveral rUibious words (as they arc called m the reco d) dvlivcrcd in a fe:nion. 1 lie gover nor, on the oiher hand, orciej ed hi:n to be relcafed, and funinioned the n.a- gilt ates lo attend liiiu at New ^ ork. W arranis ^ti e then i faed to compel tliem to give lecurity in soccl. each, to r)al*.e out crood caidc lor confining the ininificr. Leiller, who was one of tiieai, rcfufcd to comply wiih the warrant, and was throwTi into ^aol. Sir tdmond, fearful that a great party Wouid rile \ip ar^aiiilt him, was at lalt compelled to difcontinue his ecdelialtical jurildiction, and to refer the controverfy to the deiermlnaiion of the conliilo'^' of the Dutch church at Albany. It is perhaps not in;probable, tliat thefe poplfli m.cafures fow ed the feeds of that averhon to the duke's government, wliicli afterwards produced thole violent convulfioiiS in the province under Leiher, at the time of the revolution, in favoar of the prince of Orange. If fir td;:io:.d Andrews's adminiftration at New-York, appears to be Icls exceptionable, than while he connnande*cdly con. inaed. Some have thought it herfdirn y ; but iiia-: is a millar.e. The fon is, indeed, rc- fpcf'ted for his fa^hci 's fcrviccs i but, without jierfonal me- rit, he ran neve ihwe in the government ; which, were it o h?i-wife, mnft fnik into pe feet difg ace. The children of fiicii as are diftin^rnifhed for their patriorifm, moved by the confideracion of Jicir birth, and the pe- petual incitements to viraie coullanily inculcaie*! into them, imitate their fa- thcis' cxp:'j rs, and thus attain to the fame honours and in- fluence i which accounts for the ophiion that the title and po A'er of fachem is hereditary. Each of thefe republics has its own particular chiefs, who liearanvl derermine all complaints in council ; and, though they have no ofliccrs for the execution of juftice, yet their decrees a e always obeyed, fiom ihe general reproach that AVould follow a contempt of tlicir advice. The condition of this people cxcn.p-s them from factions, the common difeafc of popular governments. It is impoflible to gain a party amongft them by indirect means ; for no man has either honour, riches, or power to beftow*. ij: An Indian, in anfwer to his quellion, what the white people meant by covetoufnefs ? was told by another, that i: figii'aed, a Jeii' e of more than a man had need of. That's ft ange ' faid the q^ierift. * The le arned and jndlcious author of the fpirit of laws, freaking of a people who have a fixed property in lands, observes, " that .'fa chief would deprive them of their li- be "ty, they would immediately go ar.d feek it under ano- th.e % or re ire into the woods, and live there with their families." The five nations can never be enflaved, till they O F N E W-Y O R K. All affairs, which concern the general intereft, are deter- mined in a great afiembly of ^he chiefs of each canton, ufually held at Onondaga, the centre of their connuy. Up- on emergencies, they act ieparateiy ; biu nctlung can bjud the league, but the voice of the genei al ccnveju.oii. The f'rench, upon the maxiin, divide et ni.pera, have tried all poflible means to divide thefe republics, and foine- times have even fown great js^alouUes ainong them. In con- fequence of this plan, they have leduced n.cny families to vithdraw to Canada, and theie fettled thcui in regular towns, under the command of a fort, and the tuition of niiiliona^ies. Tiie manners of thefe fhvf»ges are as fimplc as their go- vernment. Their houfes are a few ciotched ftakes thruft into the ground, and overlaid with ba:k. A fire is kindle*;! in the middle, and an apertuie left at the top for the con- veyance of vhe fmcke. Whenever a confiderable number of thofe huts are collected, they have a cai le, as it is cal- led, confining of a fquare w ithout bailions,llu rounded wiih pallifadoes. 1 hey have no other foi tificaticn ; and this is cnlydeftgned as an afylum for tiieir old mea, their wives, ai.d children,, while the reft aie gone out to war. Tl.ey live, aimoft entirely wiilio..t care. \Viulethe women, or fquaws, cultivate a Hale fpot of ground for co-n, the men employ them .'elves in hunthig. As to clothes, they ufe a blanket gilt at the waiil, and thrown loolbly over their fhoulders ; Ibme of their w omen, indeed, have, belides this, a fort of a petticoat, and a few of their men wear Ihiits ; but the greater part of them are generally half naked. In winter, their legs are covered with ftockings of blanket, and theh' feet with focks of deer fkiii. Many of them a; e fond of or- naments, and their talle is very fmgular. 1 have fee • rings afHxed, not only to their ears, but their nofes. Bracelets of filver and braft round their w rifts, are very common. The women plait their hair, and tie it up behind in a bag, per- haps in imirarion of the French beaux in Canada. Thor.gli the Indians are capable of fuft:ainirg great hardlhips, yet they cannot endure much labour, being rather fleet, than ftrong. Their men are taller than the Europeans, rarely grow rich by agriculture and commerce. Property is the moft permanent bafis of power. The authority of a fachem depending only upon his reputation for wildom and cou- rage, mufl; be weak and precarious, and therefore fafe t% the people. THE IIISTOHY corpulent, alwavs beardlcfs*, flraight: limbed, of a rawrv complexion, and black, uncurled hair. In their food, tliry have no manner of delicacy ; for though venifon is rheir ordinary diet, yet I'omciimcs they eat aui.i.a great J but inilcad of joining the adjective and fubilauiive to fay great fire, cawauura o^illa, botii words would be blen- ded into this one, co-guia-wauima. The dialect of the v ney- da3, is fofierthan that of tlie otiier nations; and the reafonis, bjcaufe they fiave more vowels, and often fupply the place of ha^fii letters wirh liquids. Inftead of R, they always ufc L : Rebecca vronld be pronounced Lequecca." The art of public fpeaking is in higii Cilcem Hmong the Indians, and much ftudied. They are extremely fond of method, and difpleafed with an irregular harangue, becaufe it is d fhcult to be remembered. When they anlv er^^ they repeat the whole, reducing it into ft. ict order. Their fpeeches are Ihort, and the lenfe conveyed in lf4cng meta- phors. In converfation they a e fprighdy, but folemn ?.iaI ierious in then* meHao;es, relating to public aflairs. Their fp^akers deliver themfelves with fuip. ifijig force and j^'eat propriety of gt fture. The fie' cenefs of their countenances, the flowing blanket, elevated tone, naked arm and e ec4 ftature, with a half circle of audicors feated on the ground, and in the open air, cannot but imprefs upon the mind, it lively idea of the ancient orators of Greece and Rome. At the clofe of every important part of the fpeech, rati-i fyir\^ an old covenant, or c. eating a new one, a belt is g^c^ nerally given, to pe .petuate the rememb ance of the tranf- aition. Thefe belts are about four inches wide, and thi;ty in length. They confift of firings of conque ihell beads fal' 'tened^together*. * Thofc beads^ which pafs for money, arc called by the H THE HISTOkY With rcrpccfl to religion, the Indlntis may be ftihl to he \inder the thickclt gloom of ignoi-ance. If tJiey have a?i^, Vhich is Tiiiich to be quelilonecl, tliofc* vho aflii in it, will find it difficalr: to tell us whcivin it confills. They ha\e nei- ther prielt, nor icinple, fiic, iiicc nor aiiar. Seme traces, in- deed, appt-ar, of the ovifriiiul law wiirien upon their hearts ; but they iiavc no fyllem of doctrines, nor any riies and modes of public worlhip. They are funk, unfpeakably be- neath the police pagans of anticjuity. Some confu(ed no- tions, indeed, oi beings fuperior to thciniclves, they have, but of the Deity and his natural and iTiOT;»l perfWticns, no prop?r or tolerable conceptions ; and of hi;; general and particular proviilcncc they kiiow nothing. Tiiey profefs no obligations to him, nor ackno^vlcdge their dependence up- on him. So.ne of them, it is Hiid, are of opinion, that there are tw o dilHnOc, powerful beiiv^, one able to help, the other to do then: han i.The latter they venerate melt, and fome allege that they addrefs him by a kind of prayer. Thop.gh there are no public monuments of idolatry to be ieen in their coimtry, yet the miflionarics have dilcoveretl coarfe ima;;erv In wooden trinkets, in the hands of their jugglers, which tiie converts deliver up as deteltable. The iight of them, would remind a man of letters, of the lares and penates of the ancients ; but no certain juugment can be drawn of their ufe. The Indians fometimes aflemble in large numbers, and retire far into the wildernefs, where they cat and drink in a prof ufe manner. Thefe conventions are called Kenticoys. Some efteem them to be debauched revels or Bacchanalia : but thole who have privately fol- lowed them into thefe reccfles, give fuch accounts of their conduct, as naturally lead one to imagine, that they pay a joint homage and fupplication to fome invifible being. If we fuppofe they have a religion, it is woi fe than none, and raifes in the generous mind, moft melancholy ideas of their depi-aved condition. Little has been done to illuminate thefe dark comers of the earth, with the light of the gof- pel. The French priefts boall, indeed, of their converts, but they have made more p ofclytes to politics than reli- gion. Queen Anne fent a millionary among them, and gave him an appointment out of the privy purfe. He was a man Indians, wampum, and by the Dutch, fewant. Six beads w^cre formerly valued at a fViver. There are always feveral poor families at Albany, who fupport themfelves by coin- ing this cafh for the traders, OF N E W - Y O R K. ^of a getod life, but flow parts^ and his fuccefs veiy incoiifi- rderable. The reverend mr. Barclay afierwards refided among the Mohawlis ; but no iuirr.ble proviiion being made for an interpreter, he was obliged to break up the nuflioii. If the Englilh feciety for propagating the gospel, that trip- ly venera&e body, inftead of mainiaining miiiionaries in rich chrillian congregations along the continent, expended hnlf tlie amount of their annual contributions ontheevan- gelifts among the heathen, beildes the nnfpeakable reli- gions benefits that would, it is to be hoped, accirue to the natives, fuch a proceeding would conduce greatly to the fafery of our colonies, and his majefty's fervice. Much has been wrirten upon this fubjecl: in America* ; and why no- thing to pui pole has yet been attempted in England, to- wards fo laudable a dcfign, can only be attributed to the amazing falfehoo.ls and mifreprc fen rations, by which fome of the miflionaries have long impoled upon benevolent minds in Great Britainf . * Sec mr. Hobart*s letters to the cpifcopalians in New- England : the account of the Scotch million at Stockbridg^ : Douglafs's fummary, &c. f This is notorious to all who give themfelves the trou- ble of pcrufmg the abrtracfts of their accounts piibliflied in England. It would be a very agreeable office to me, on this occafion, to diftinguifli the innocent from the guilty, but that fach a tafk wo»'ld infallibly raife up a hoft of enemies. Many of the miflionaries are men of learning and exem- plary morals. Thefe in America are known and honoured, and cannot be pr ejudiced by an indifcriminate cenfure. Their joining in a reprefentation for diftinguifliin r; the de- linquents, who are a dlfgrace to the cloth, will ferve as a full vindication of themfelves to the focicty. Mr. Ogilvie is, I believe, the only perfon now employed by that charitable corporation among the Indians, and the gi cateft part even of his charge is in the city of Albany. All the Scotch mif- /ionaries are among the heathen, and their fuccefs has been fufhcient to encourage any future attempts. There is a re- gular focicty of Indian converts in New Jerfey ; and it is worthy of remark, that not one of them has apoftatizcd into heathenifm. Some of them have made fuch proficien- cies in practical religion, as ought to lhame many of tts, who boaft the illuininating aids of our native chriftianity. >}ot one of thefe Indians hiis been concerned in thofe bar- barous irruptions, which have lately deluged the frontiers THE HISTORY As to the iiidory of the five nations, before their acqnaU? tnnce witii the ruuopeans, it is wrapt up in the darkiiefs of antiquity. It is faid tiiat their firit refidence was in tlie po uatry aho it Montreal ; and that the fupcrior ilrength of the Adiroiidics, whom the French call Al-^onquins, drove t\ie:n ijito their p-efent po»Tjfu.):.s, lying on the foutli fide of the Mohriwlci river, and the great lake Ontario*. 1 o- ^rards th:* clulc of ihofc difi^iucs, which continued for a of the fouth-wefcem provinces, wi h ihe blood of feveral hnndied limocents of every age and fex. At the com- jne iceinentof thele rava:;cs, ihey (lew into the Icttlenitnts, an J pjt tliemlclves under the proiec'tion of tlie goveni- nent. Tlirfe huiiai.Kno Coouer became cli. iftians, tlian they openly profelled the); loyalty to king George ; and there- fore to contribute to their conveifion, was as truly politic, as nobly chi illian. 'I'hofc colonies w liich have done molt for this cha liable defign. have efcaped beft iVom the lite cliilreirin^; calamities. Of all the inifiicnaries, mr. David Jiralnerd, rvho ''ecovered thefe Indians frrm the darknefs of pai,nnif.n, was moft fuccelsfid. He died the oth of Oc^ro- ber 1747. a vi-rtlni to hig extreme moi-tificarion and inextin- •▼•li'hable zeal, for the profperity of his ni-iflion. Thofe wbo are curious to enquire particularly inio llie cfFc6s of his indefatigable indiidiy, may have recourfe to his jouiTial, p ibllfheJ 7!: Philadelphia, by the American correfpondcnts of the Scotch focicty, in whofe fervice he was employed. Dr. Coiiglafs, eve;- ready to do honour to his native coun- try, after remarkins; that this felf-denying clerg\'man rode about /oo miles, in the year 174^, with an air of rpproba-? tion, aCvS, Is there any mifHonary, fi oni any of the foci- cries, for propagating the gofpcl in foreign parts, that has reported rhe like f" * Charlevoix, in partip.lity to the Frencli, limits thecounr t^*y of tlie rive ratio!!?, on rhe north, to the 44th degree of I^.rirude ; according to which, all the coimrry on the north ii ie of the lake Ontario, and the mer ifluing thence to ?'!onrreal, toiierher with a confiderable tracl of land on the foutii ft.le of tliat river, belongs to rhe French. Hennepin, a re oUert frinr, hj»s mo^e regard to truth than the jefuit ; for he tells us in eTecl, that the Iroquois poflefled the lands on the nonli, as well as the fouth fide of the lake, and men- tions feveral of their villages in t6'^9, viz. Tejajalion, Keure, r.nd GauTieonfie. "^he map in his book agrees with idle text. Charlevoix is at variance with his geographer i for OF N E W - Y O R K. 57 great feries of years, the confederates gained advantages over the Adiror.dacs, and itruck a genci al tei ror into all the other Indians. Tlie Hurons on the north ude of the lake Lrie, and the Cat Indians on the fouth fide, weie totally conqriered and difperled. The rrcncn rrho fettled Canada in 1.^03, took nnibragc at their fucccfs, and be<^an a v. ar •vv'ith them, which had well nigh ruined the new coUniy. In aiitiunn 1665, m. Convceiks, the governor, lentg out a party a£;ainit the Mohr^vks. Throu^:h ignorance of the countiy, and the wan: of fhovi'-fncrs. they were almoft pe- riflied, when they fell in with Scncnctftady. And even there the Indians would have lacrhiced ihem to their baibai*ous rage, had not Corlcar, a Du it, lo bridle them," he ob- tained their leave to erect a fort a: Cadaraijui, or lake Onta- rio,\vhlch count Froiitcnac, his lucccflb/, complcied the tol- Jowin^ fp' ing, and called after his own name*. The coa^- xnaiid of it was aftei-vvards given to ni. de la ^i.llc, who, in J^n^y I'cbnilt it with Itnue. This cnicrprifing perlbn, the fame year, launched a bark of ten tons into the lake Qjitario, and another of fixty tons, tlie year aficr, into lake Erie ; about ^vhich linie he enclofcd wiih pallifadocs, a lit- tle Q.^ot at Niagara. Tiiougii the duke of York had preferred col. Thonaas Dongan to the ^rovcrnineut of this province on tiie ;oth of September, i6?2, he did not arri%c here till the 27th of AuguH-, hi the following year. He was a man of integrity, modciation, and genteel manners, and, tl.ough a profeflcd papilr, may be clali'*d amonj; ihe bell of our govtniors. The people, wlio had been formerly rultd .*.t the will of the duke's dcpaiics, began their fiHt participation in the legillative power under m,:. Dongan ; for fhorily after his firrival, he iflacd orders to the fiieriffs, to fummoji the free- holders for choofr.ig reprefcnratlvcs, to meet him in aiicjn- biy on the I7ih of October, 16S:. Nothing could be more agrceaiilc to the people, who, whether Dutch ^r Knglifh. v crc born the fubje^fts of a free Ibate ; nor. Indeed, w as the change of lels advantage 10 the di-ke, tliau to tlie inliabi. tants. For fuch a general difo^uft had prevailed, and in par- ticular in l-or«g Illand, agaiij^ the old form which col. Ni- colls had introduced, as threatened tiie total fubve/fion of the public tninquilllty. Col. Dongan faw tlie difaffection of the people at the eaft end of the ijQand, for he landed there or his fu il arrival in the country ; and to extinguiHi the fire of difcontent, then impatient to burft out, gave them his promifejthat no laws or rate; for the future fliould be impofed, but by a general aflembly. Doubtlcfs, this altera- tion w^as agreeable to the duke's orders, who had been ftrongly importuned for itf , as well as acceptable to the * In May 1 721, it was a fcuare, with four baftions, built C>f ftone, being a quarter of a French league in circumfe- rence ; before it, are many fmall iflands, and a good har- "bour, and behind it a morafs. Charlevoix. . J The petition to his royal higiinefs was drawn by the council, the aldermei; of New York, and the juftic es of the j)C3.ce at the court of affize, the 39th of June, 1681. I have O F N E W- Y O B-^C. people ; for they fent him, foon after, an addreft, expreP ling the higheft I'enfe of gratitude, for fo beneftcial a chan^ in the govemment. It would have been impoflible for hiin much longer to have maintained the old model over free fubjeCts, who had juft before formed themfelv^s into a co- lony for the enjoyment of their liberties, and had even al- ready folicited the proteiiliion of the colony of Coniieifticut, from whence the greatcit part of them came. Di/putes, re* lating to the limits of certain townfhips at the eaii end of Long Ifland, fowed the feeds of enmity againlt Dongan, fo deeply in the hearts of nrany Vv^ho were concerned in vhcm, that their reprefentation to Connecticut, at the revolution, contains the bitterelt invectives againit him. Dongan fmiTalled all liis predecellbrs, in a due attention to our affairs with ihe Indians, by whom he was highly elteemed. It mull be remembered to his honour, that though he was ordered by the duke, to encourage thb -French priefts, who were come to refide among the natives, under pretence of advancijig the popifli caufe, biu in reality ~to gain them over to the Fiench inierelt ; yet he forbid tiie five nations to entertain them. The jefuits, however, had no fmall fuccefs. Their profelytcs are called praying Indi- ans, qr Caghnuagaes, and refide now in Canada, at the faU of St. Lewis, oppofite to Montreal. This village was beguii in 1671, and confifts of fiich of the five nations, as have foiTuerly been drawn away by the intngues of the Freiidi priefts, in the times of Lovelace and Androii, who feem to have paid no attention to our Indian afrairs*. It was owing^ to the inftigation alfb of thefe priefts, that the five nations about this time, committed hoftilities on the back parts of Maryland an^i Virgiraa, which occafioned a grand conven- tion at Albany, in the year 1684. Lord Howard of Effing- ham, the governor of Virginia, was prefent, and made a covenant with them for preventing further depredations, towards the accomplilliment of Avhich, col. Dongan was ve- feen a copy in the hands of Lewis Morris, efi[. It contains many fevere reflexions upqn the tyranny of fir Edmond Androfs. * Of late, fome others of the confederates have been al- hired to fettle at Ofwegatchi, called by the French, la Gal- lette, near 50 miles below Frontenac. General Sltii4ey's emiflanss from Ofvvego, in 1755? prevailed with fcverai t)f thefe families to return to theh old habitadons. t4 T H E II I S T O K Y . r\ Iiirtmmcntalj-. DoAor Coldcn has publifhcd this treaty ^ large : but as it has no immediate connexion v. ith the alFairs of this province, I beg leave to refer the reader for a full account of it, to his hiltory of die five nations. Wiiile lo'd Howard was at Alba:iy, a meficnger from dc la Barre, then governor of Canada, arrived there, complain- ing of the Seneca Indians, for interrupting the Kre:ich i: tlielr rravle with the ino.e diltant Indians, commonly in- cluded among lis by the general name of the far nations;. Colonel Dongan, to whom the mellage was ienr, commnui- cs'ed it to the Scnecas, who admittcil the charge, but jultl- fed their conducft, alleging, that the French fupplicil a; ::is &nd aininunidon to tlie Tw ightwies*, wiih whom they V.cethen at war. De la Barre, at the fame time, medit:;- ting nothinir lefs than the total dellruction of the fiven i- tions, proceeded withanar y of 1700 men to the lake Onra-^io. Mighiy preparations were made to obtahi tlie dc fired fisccefs : frcfh troops were import^'d f/om France, arid a letter p ocured from the diike of York to coL Dongan, comma-vJing him to lay no obltacles in the way. The ofh- tc-rs polled in t'lic our forts, even as far as Meliilimakinar, vere ordered to ren ••zvous at Niaga a, with all the wef- tern Indians they co'dd engage. Dt)ngan, legaid'efs of the duke's orders, app*^iied the Indians of the French defigns, ^nd promifed to afliii: them. After fix weeks delay at fo:-t Fronten:ic, dn- ing wliich rime a great ficknefs, occafioned by bad provif ons, broke out in the French army, de la Barre found ir neceflary to conclude the c?mpaign ^i:h a treaty, for which purpofe he crofled the lake, and came to the place, which, from the diftrels of his army, was called 1? Famine, Dongan fent an intei-preter among the Indians, ty all means to prevent them from attending the tieary-. The Mohawks and Senecas accordingly refufed to meet de la Barre : but the Oneydoes, Onondagas, and Cayugas, in^.aenced by the niilfionaries, were unwilling to hear the inre-p-e^er, except before the pricfls, one la Main, and three o^her Frenchmen, and afterwards waited upon the ■[ Tills covenant was ratified in 16S5, and at feveral times iince. i By ihe far na':ioiis are meant, all thofe numcous tribes inhabiring the conntiies cn both fides of the lakes Huron and Erie, weilward as far as the MifffTippi, and the fcuth- em corntiy along the banks of the Ohio, and its branches. * By the French called Miamies. OF NEW YORK, 6r j^rencH governor. Two days after their arrival in the camp, monfieur de la Barre addrtliing hinifelf to Garrangnla, an Onondaga chifef, made the followhis!, fpeech, the Indians and French officers at the lame time tbi ming a circle loimd about him. " The kinw, my mafter, being informed, that the five na- tions have ot'ceh infringed the peace, has ordered me to come hither with a guard, and to fend Ohguefle to the Onondagas, to bring the chief fachems to my camp. Tiie intention of the grfeat king is^ that you and I may fmoke the calumet of peace together ; but on this condition, that you promife me, in the name of the Senecas, Cayugas, Onondagas, and Mohawks, to give entire farisfaftion and reparation to his fubjects, and for the future, never to mo- lelt them. The Senecas, Cayugas, Onondagas, Oneydoes, and •Mohawks, have robbed and abufed all tue traders that were pafling to the Illinois and Miamies, and other Indian nati- ons, the children of my king. They have adted, on thefe occafions, contrary to the treaty of peace with my predc- ceflbr. 1 am ordered, therefore, to demand fatisfac^tion, and to tell them, that in cafe of refufal, or their plundering us any more, 1 have exprefs orders to declare war. This belt confirms my words. The warriors of the five narions have condud:ed the Englifh into the lakes, which belong to the Itlng, my mailer, and brought the Englifh among the nati- ons that are his children, to dcilroy the trade of his fiib- jects, and to withdraw thefe nations f omhim. They have carried the Englifli thither, notv*ithftanding the prohibi- tion of the late governor of New York, who forefaw the rifque that both they and you would run. I am willing to forget thofe things, but if ever the like fhall happen for the future, I have exprefs orders to declare war againfV you. This belt confirms my words. Your warriors have made fe- .-veral barliarous incurfions on the Illinois and Umameis ; they have madacred men, women, and children, and have made many of thefe nations prifoners, who thought them- ieivc3 fafe in their villages in time of peace : thefe people, who are my king's children, mull not be your Have? ; yoa mutt give them their liberty, and fend them back into their , own couniry. If the five nations fhall refiife to do tliis, I -have exprels orders to declare war againft them. This belt confirms my words. This is w^hat I have to ^ay to Garrangnla, that he may , carry to the Senect-.s, Onondagas, C ncydocs, Cayugas, and JkiohaTvks, the declaration vrhich the kin^, mv raalter, has I €2 THE HISTORY coinmamlcLl mc to make. He doth not Avifli them to forte liim to (end a gre.it army to Catlarackui fort, to begin a ■war, which mult l)c fatal to them. He wouhl be (brry that this fort, that \yas the work of" peace, Ihoidd become the prifon of your warriors. We mult endeavour, on boih lide», to pi event fuch niisfortuues. '1 he French, who a. e ihc breih»*cn and friends of tlic five naticiJis, will never trv)ublc their rcpofc, provided that the fatisfaction which I deman .l, be given, and that the treaties of peace be hei e- after oblcrvcd. I fhrUl be extremely grieved, if my words do not j)ro-lacc' the effect, which 1 expect from them ; for tlien 1 lhall be obliged to join with tiic governor of New- York, who is commanded by hi > maiter, to aliift me, and bum the caiUes of the five nations, and dellroy you. This belt con'h nis my wonls." (Jarrangula heard ihcfe threats ^^ iih contempt ; becau(e he had icaniL the diiirefle l Itate of the French army, and ka^nv that tiicy were incapable of executing the defigns with whiwh they let ont : and tlierefore, after walking five or fix times round the circle, he anfwered the French go- yerno •, who fat in an clbjw ciiair, in the followhig ftraui : ^' YONNONDIO, ^' I honour you, and the warriors that are with me like- wise honour you. Your interpreter has finifhedyonr fpcech ; I now b: >in muie. My words make halke to leach your cars ; hearken to the:n. Yonnondio, you muft have believed, when you left Q^^'.ebec, that the I'un had burnt up all the forefts, which render our country i:r.)cceHlble to the French, or that the lakes had fo far overflown the banks, tliatthey had furround- ed our calUes, antl ibat it was impolhble for us to get out of them. Yes, YonnonJia, furely you mult have dreamt fo ; and the curiofiiy of feeing fo great a wonder, has brought you fo far. Now you are undeceived, fince that I and the warriors here p:cfeiit, are come to afl'are you, that the Senecas, Cayngas, Onondagas, Oneydoes, and Mohawks, are yet alive. I thank you, hi their name, for bringing back into their country the calumet, which your predecefibr re- ceived from their hands. It was happy for you, that you left under ground that m'lrdering hatchet, that has been fo often died in the blood of tlie French. Hear, Yonnondio, I do not lleep ; I have my eyes open ; and the fun, which enlightens mc, difcovers to me a great captain at the head of a company of foldiers, who fpeaks as if he were dream- ing. He fays, that he only came to the lake to fmoke on the great calumet with the Ouondagas. But Gairangiilst OF N E W - Y O R K. 6S fkys, that he fees the contrary, that it was to knock them on the head, if ficknels had not \a takened the anr.s oi ike French. " I fee Yonnondio raving in a camp of fick men, whofe lives the gi-eat fpirit has faved, by inhicling this ficknefs on them. Hear, Yonnondio, our women had taken their clubs, our children and old men had carried their bows and ar- rows into the heart of your camp, if car warriors had not difarmed them, and kept them back, when your meucnger, Ohgueifc, came to our cafties. It is done, and I have faid it. Hear, Yonnondio, we plundered none of the Trench, but thofe that carried guns, powder, and ball to the Twight- wies and Chid:aghics, becaufe thofe arms might have cell us our lives. Herein we follow the example of the jcfuits, who ftave all the kegs of rum brought to our cailles, left the drunken Indians (hould knock them on the head. Our war- riors have not bever enough to pay for all thefe arms, that they have taken, and our old men are not afraid of the war. This belt preferves my words. ^' We canned the Englifli into our lakes, to trade there with the Utawawas and (>>iatoghie3, as the Adirondack* brought the French to our cafties, to caiTy on a trade, which the Englifli fay is theirs. We are born fiee ; we neither de- pend on Yonnondio or Corlear. " We may go where we plcafe, and carry with us wliom we pleafe,and buy and fell what we pleafe : if your allies be your flavcs, ufe them as fuch ; command them to receive no other but your people. This belt preferves my words. We knocked the Twightwies and Chi(ftaghics on the head, becaufe they had cut down the trees of peace, which were the limits of our conntry. They have hunted tevers on our lands : they have acfted contrary to the cuftcms of all Indians ; for they left none of the bevers alive, they kil- led both male and female. They brought the Satanas* into the country, to take part with them, af.er thry had con- certed ill defigns againft us. We have done lefs than either the Englilh or French, that have ufurped the lands of fo many Indian nations, and chafed them from their own coun- try. This belt preferves my words. *^ Hear, Yonnondio ; what I fay, is the voice of all the five nations ; hear what they anfwer ; open your ears to what they fpeak. The Senecas, Cayugas, Onondagas, Oneydoes, and Mohawks lay, that when they buried the By the French called Sauounons. 64 THE HISTORY hardiet at Catlarackni (in ibe prcfcncc of your prcdeccnor) ill the middle of" the tort ; they planted he tree of peace in the lame place, to bo ihcrc caiefiiUy prcfcrved, that, in place of a retrear for foldiei s, rliat fort nii^ht be a rendez- vous for merchants : that in place of arms and anununition ^f war, bevers and merchandifc fhould only enter there. Hear, Yonnondio, take care for the future, that fo great a number of foldie: a as appear there do not clioke the tree pf i>cace plaiucJ in fo fmnll a foil. It will be a r'C'^f loft, jf, afier it had fo ealily taken root, you ihould. Hop its g-owth, and prevent i s covei ing your country and ours vich lis branches. I afi'arc you, in the name of the five na- tions, that our warriors fhall dance to the calumet of ]>eact pn lcr iis leaves, and fhall remain quiet on their mars, and /hall never diir up ihe hatchet, till their brother Yonnondio or C oricar Ihall either jointly or leparately endeavour to attack the country, which the great Ijnrit has giveji to our ^nccitors. .ThiS belt preferves my words, and this other, the ^atUority which the five naiiojis have given me.*' Then Garranath for them this way ( they being the king of Enghnid's fubjects likcwife, though the French have been admitted to trade with them ; for, all that the French have in Canada, they iiad ir of the gr eat king of England) that, by that means, they may come hither freely, where they may have every thing cheaper than nmong the French : that you and they ♦nay join together againll the French, and make fo firm a leagiie, that whoever is an enemy to one, muft be to both. *' 4thly, Aiiotlier thing of concern is, thnt you ought to do what yon can, to open a path for all the north Indiaits and Mahikanders that ai e among the Utawawas and furtlier nations. I will endeavour to cio the fame to bnng tiiem home. For, they not daring to return home your way, the French keep them there on pui-pofe to jom with the other nations againft you, for your dedriicuion ; for you know, ^ that one of them is worfe than fix of the others ; therefore all means m jft nfed to bring them home, and ufe thea kindly as they paii through your country. i OF N. E W - Y O R K. )tlily, My advice further is, that mellengei-s go, in be- half of all the Five Nations, to the chriilian Indians at Ca- nada, toperfnade them to come home to their native coun- try. This will be another great means to weaken yom' ene- my ; but if they will not be advifed, you know what to do with them. ' 6thly, I think it very nfeceflary, for the brethren's fecu- rity and affiftance, and to the endamaging the French, to build a fort upon the lake, where I may keep ftoi es and pro- vifions, in cafe of neceflity ; and theretoi e I woidd have th.e brethren let me know what place will be moft convenient for it. * - " 7thly, I Would not have the brethren keep their com in. their callles, as I hear the Onondagas do, but bnry it a great w ay in the woods, where few people may know where It is, for fear of fuch an accident as has happened to th© Senecas. " 8thly, I have given my advice in your general affembly, by mr. Dirk Weflels and Akus, the intei prerer, how you are to manage your paities, and how neceflary it is to get prifonei-s to exchange for your own men that are prifoners with the French ; and I am glad to hear that the brethren are fo luiitedas mr. Dirk Weflels tells me you are, and that there was no rotten members nor French fpies among you. 9thly, The brethren may remember my advice, which I fent you this fpring, not to go to Cadarackui ; if you had, they would have ferved you, as they did your people that came from hunting ihither ; for I told yon that I knew the French better than you did. lothly, There was no advice or proportion that I mad« to the brethren all the time that the prieft lived at Ononda- ga, but what he wrote to Canada, as I found by one of his letters, which he gave to an Indian to carry to Canada, but which was brought hither ; therefore, 1 defire the brethren not to receive him, or any French prieft any more, having fent for Engliih priefts, with whom you may be flipplied to your, content. ^' iithly, I v7ould have the brethren look out fharp, for fear of being furprifed. I believe all the fti ength of the French will be at their frontier places, viz. at Cadarackui, and Oniagara, where they have built a fort now, and at Trois Rivieres, Montreal, and Chambly. I2thly, Let me put you in mind again, not to make any ti'eaties without my means, which will be more advantage- ous for you, than tout* doing it for ypurfeh es ; for then you will be looked upon as the king of England's lubjecfts ; and let me know, from time to time^ every thing that is done. TilK HISTORY ** Thus far I have fpoken to you relaiing to the war." Not loiicrafLer tliis inter\ Ie\v, a confitlerable party ofMd- liaws anclMahikanders, or river hidiiuis, befet lort Chambly, burnt R'vcral houfcs, and returned with many captives to Albany. Forty Onondagas, about the f.une time, I'urpj ilcd a few loldicrs near lort Frontcnac, whom they confined irl- Itead of the Indians fcnt liomc to the gallies, notwitblt:and- inir the utmolt addrels was uled to regain them, by Lainbcr- viile, a French prielt, who delivered them two belts, to en- ^ai^e their kindnefs to the prifoncis, and prevent their join- invT the quarrel with the Senetas. The belts being fent to colonel Dongan, he wrote to De Nonville, to demand the reafoii of their being delivered. Pcre le Vaillant was fent hereabout the beginning of the year 1688, under colour of bringing an on(wer, but in reality as a fpy Col. Dongan told him, that no pcare could be made with the five nations, unlefi the hulians lent to the gallies, and the Caghnuaga profelytes were returned to their refpee^tive cantons, the foitsat Niagara and Frontenac raifed, and the isenecas had fatisfaction made them, for the damage they had fullalned. Tiie jefuit, in his return, was oidercd not to vilit the Mo- hawks. Dcngan,who was fully fenfible of the importance of the Indian iriterclt to the KnglifTi colonics, was fo* compelling the French to apply to him in all their afi'airs w ith the Five Nations ; wiiilc tliey, on the other hand, were for treating w ith them independent of the Englifli. For tiiis realbn, a- n>ong others, he refuted them the afliilance they frequent- ly required, till they acknowledged the dependence of the conte'lerates on the Knglilh crow^l. King James, a poor, bigoited, popifh, prielt-ridden prince, ordered his governor t « give up this point, and to perfuade the Five Nations to fend mcflengers to Canada, to receive propofals of peace f: o!n the French. For this purpofe, a cellation of arms and mutual delivery of piifjners was agreed upon. Near of the confederates attended this negociation at Mon- treal, and in their fpeech to De Nonville, inliited with great resolution, upon the terms propofed by colonel Dongan to father le Vaillant. The French governor declared his wil- lingnefs to pat an end to the war, if all his allies might be included in the treaty of peace, if the Mohawks and Sene- cas Nvordd fend deputies to fignify their concurrence, and the French m;<^ht fupply fort Frontenac with piovjlions. The confederates, according to the French accounts, acced- ed to thefe conditions, and the treaty w as ratified in the field. But a new ruprure not long after enfued, from a caufe en- tirc'y unliifpccfted. The Dinondadies liad lately iticiined t* ©FN E W-Y O R K. 71 tke Eiigliih trade at Miflilimakinac ; and their alliance was therefore become fiifpected by the French. Adai io, their chief, thought to regain the ancient confidence, N\hich had been repofed in his countrymen, by a notable aclion.againfc the Five Nations ; and for that purpofe put himlelf at the head of loo men : nothing was more diiagreeable to him, than the profpeift of peace between the French and the confederates ; for that event v. ould not only render the a- niity of the Dinondadies nfelefe, but give the French an op- portunity of refenting their late favourable conduct towaids the Englifii. Imprelied withthefe fentinients, out of affec- tion to hiscouRtry, he intercepted the ambafladors of the Five Nations, at one of the falls in Cadarackui river, killed feme, and took others prifoners, telling them that the French governor had informed him, that fifty warriors of the Five Nations were coming that way. As the Dinonda- dies and confederates were then at war, the ambafiadors were aftonifiied at the perfidy of the French governor, and could not help communicating the deficrn of their journey, Adario, in profecution of his crafty fcheme, counterfeited the utmoft diftrefs, anger, and fhame, on being made the ig- nominious tool of de Nonviile's treachery, and addrelling himfelf to Dckanefora, the principal ambafiador, faid to him, Go, my brethren, I untie your bonds, and lend you home again, though our nations be at war. The French go- vernor has made me commit fo black an acftion, that I fliall never be eafy after it, till the Five Nations fhall have taken full revenge." This outrage and indignity upon the rights of ambafladors, the truth of which they did not in the lenft doubt, animated the confederates, to the kecncft thirft af- ter revenge ; and accordingly 1 200 of their men, on the 26th of July 1688, landed on the fouth fide of the iiland of Mon- treal, while the French were in perfeA lecurity ; burnt their houfes, facked their plantations, and put to the fword all the men, women, and children, without the Ikirts of the town. A thoufand French were flain m this invafion, and twenty fix carried into captivity, and bumt alive. Many more were made prifoners in another attack in Oclober, and the lower part of the ifland wholly dellroyed. Only three of the confederates were loft, in all this fcene of mi- iery and defolation*. * I have followed dr. Colden in the account of this at- tack, who differs from Charlevoix. That jefuit tells us, that the invafion was late in Auguft, and the Indians 1 500 ftrong ; and as to the lols of tlie French^ he diminillies it to only 2p« fouls. THE HISTORY Nevpr before did Canada fuftnin fnch a heavy blow. The news of this iirtack 01% Montreal no fooner reached the gar- r'li'ovi at the lake Ontario, than they fet fire to the two barks, vhich they had built there, and abandoned theiort, leaving B match to 28 ban eU of powder, dcfiirjied to blow up the •works. The foldiers we'it down the river in fuch precipi- tation, that one of the battoes and her crew were all ]oi\ in Shooting a fall. The confederates m the mean time feized the fort, the }>owder, and the llores ; ai:d of all the Krcncli allies, who were vaftly numerous, only the Nepicinnians nnd Kikabons adhered to them in their calamities. Tlie Utawawas and feven other nations iiiftantly made peace with the tnglifh ; and but for the uncommon fagaciry and addrefs of the llcnr Perot, the wclteni Indians would have murdered every Frenchman among them. Nor did the dif- trefles of the Canadians end here. Numerous fcputs from the five natiojis, continually infefted their borders. The fre- hich mr. Bradftreet was chofen prciident. Upon the news of this event, feveral capuains of our militia convene ! tliemfelves to conce . t meafures, in favour of the prince of Ora-^ge. A- mong thefe, Jacob Leifler was the moft ac'cive. He M as a man in tolerable cfteem among the people, and of a mo- dei-ate foitune, but deftitutc of every qurdiiication nereflary for the enterprife. Milbome, his fon-i^i-law, an Englifhmnn, direcfted all his councils, while Leiller as abfolutely iniiu- •cnced the other officers. The firft thing they contHvcd, was to feize the garrifon in New-York ; and the cultom, at that tin e, of guarding it ' every night by the militia, gave Leifler a fine opporturity of executing the defign. He entered it with forty nine men, and determined to hold it till the whole militia fhould join Jaiim. Colonel Dongan, who was about to leave the province, then lay embarked in the bay, having a little befo e refigned ±he government to { rancis Nicholfon, the lieutenant gover- nor. The council, civil officers, and migiftrates of the city, were againff: Leiffer, and therefore many of his friends 'were at firll fearful of openly efpouling a caufe dlfapprovecl by the gentlemen of figure. For this reafon, Leifler's fi- ft de- clararion in favour of the prince of Oram^e, was Aibfcribed onlybyafew, among feveral companiesof the trained baiids. While the people, tor four days.facceffively, were in the utmoft perplexity to determine what part to choofe, being folicited by Leiller on the one hand, and thieaiened by the lieutenant governor on the other, the town was alarmed with a report, that three fliips were coming up, with or- ders fiom the prince of Orange. This falfehood was very fealbnably propagated to fen e the intereft of Leifler ; for on that day, the of June i689,his party was augmented by tlie addition of fix captains and 400 men in New-York, and a company of 70 men from Eaft Chefler, who all fubfcribed 2^ '^4 THE HISTORY i'econd declaration*, mutually covenanting to hold the f&rt ^or ciie p -ince. Colonel Don^an continued till this time in the harbo r , waiting the ifliie ofthcre commotions ; and NichoKbn's p.irty bein^ now unable to contend with their oppoiienrs were totally clifpcrfed, the lieurenant go\ernor liinile'F abfcoiiding, the very night at\cr the laft declaration XV as (igncd. Lei.l jr being now in complete poflcffion pf the fort, fent home ail addrels to king William and tjiieen Mary, as foon as he received the news of ihcir acceflion to the throne. It is a tedious, incon c :t, ill-drawn narrative of the grievances which the people had endaicd, and the methods lately ta- ken to Iccurc themfclves, ending with a recognition of tiic fovcrei;i;'iry of the king and queen over the whole Knglifli dominions. This addrefs was foon followed by a private letter from Leiller to ki'.ig William, which, in vcrj' broken Kngli/li, in- forms his majedy of the Itate of the gaiTifi)n, the re])airs Jie hn.d made to it, and tlic temper of the people, and con- cludes with It ong protclbations of his fincenty, loyalty, a:id zeal. Toil Stoll, an enfign, on the delivery of this let- ter to the kin I, had the honour to kifs his majeiby's hand ; \yit Nicholfon the lieutenant-governor, and one Knnis, an cpifcopal clergyman, arrived m England before him; and by falfely rcprefen lng the late meafures in New York, as p occeding . athcr f. om their averfion to the church of Eng- iand, than zeal for the prince of Orange, Leifler and his par;:y milled the rewards and notice, which their activity * I have taken an exact copy of it for the fatisfacftion of the rer>dcr. Whereas our intention tended only but to the prefervp.tion of the proteftant reli gion, and the fort of this cif^y, to the end tliar we may avoid and prevent the rafh jr.dgment of the world, in fo jiift adefign ; we have thought fit, to let every body knov/ by thefe public proclamation, that till the lafe arryvell of the ftiips, that we expect every day, from his royal highnefs the pnnce of Orange, v/ith orders for the government of this country in the behalf of fuch perfon, as the faid royal highnefs had chofen, and honoured with the charge of a governor, that as foon as the bearer of the faid orders, ihali have let us fee his power, then, and without any delay, we fliall execute the faid or- ders puntflually ; declaring that we do intend to fubmit and obey, not only the faid orders, but alfo the bearer thereof, committed for the execution of the fame. Inw^itnefs hereof, ^'e have figned thefe prefents^ the third of Jtuie 1689." O F N E W . Y O B. K. for the revolution juftly deferved. For though the king made Stoll the bearer of his thanks to the people for their fidelity, he ^b little regarded Leifler's complaints againftNi- chollbn, that he was loon after preferred to the govermnent of Virginia. Dongan returned to Ireland, and, it is laid, fncceeded to the earldom of Limerick. Leifler's fudden uiveftiture with fupreme power over the province, and the probable profpec^s of king William's ap- probation of his condud:, could not but excite the envy and jealoufy of the late council and magiltrates, who had refu- fed to join in the glorious work of the revolution ; and hence the fpring of all their averfion, both to the man and his meafures. Colonel Bayard, and Courtland the mayor of the city, were at the head of his opponents, and finding it impofiible to raife a party againft him in the city, they very early retired to Albany, and there endeavoured to foment the oppofition. Leifler, on the other hand, fearful of their -influence, and to extinguifli the jealoufy of the people, thought it prudent, to admit feveral trufty perfons to a par- ticipation of that power, which the militia on the ifl of July had committed folely to himfelf. In conjunction with thefe, (who, after the Bolton example, were called the com- mittee of fafety) he exercifed the government, afliiming I to himfelf only the honour of being prefident in their ! councils. This model continued till the month of Decem- I ber, when a packet arrived with a letter from the lordfr Carmarthen, Halifax, and others, directed " To Francis Nicholfon, efq. or in his abfencc, to fucli as for the time be- ing, take care for prefei^ving the peace and adminjiteiing the laws, in their majcfties' province of New-York in Ame- rica." Tliis letter was dated the 29th of July, and was ac- companied with another from lord Nottingham, dated the I next day, which, after empowering Nichollon to take upon \] liini the chief command, and to appoint for his aliillance a* j many of tlie principal freeholders and inhabitants as he ' Ihould think fit, requiring aifo " to do every thing apper- taining to the office of lieutenant-governor, according to j the laws and ciilloms of New- York, until further orders." I Nichollon being abfconded when this packet came to j hand, Leifler confidered the letter as directed to himfelf, ! and from this time iflbed all kinds of commiliions in his own 1 name, aflhming the title, as well as aiuhority, of lieute- nant-governor. Ontheiith of December, he fummoned ; the coinmittee of fafety, and agreeable to their advice, fwore the following perfons for his council: Pet e* dc Lanoy, Samuel Sraats, Fendrick Janftn, and |ohannes Vermilie, for New- York. Gerardus Beekman, for King's county. For THE HISTORY Queen's county, Samuel £dfcl ; Thomas Williams for Wcft-Chefler, and William f.awrcnce for Orajige county. Except tiie eafteni inhabiiaiits of Long Hland, all the Ibutheni part of the colony chenrfully fuoniittcd to LeiC ler's command. The principal freeholders, however, by re- fpct'tral leitei-s gave lii:n liopcs of their fubmilfion, and thereby pifventcd his betaking himfelf to arms, while they "were privately foUciiiuir the colony of Connecticut, to take them under its jiii ifdiction. They had, indeed, no aveHion to Leifler's authority, in lavour of any other party in the P' ovince, but were willing to be incorporated with a peo- ple, from wlicnce they had originally colonized ; and therefore as foonas Connecticut declined their requell, they openly appealed to be advocaies for Lcifler. At this junc- ture the l.oiig niand reprel'entation Svas drawn up, wliich I have more than once bail occafion to mention. The people of Albany, in the mean time, were determi- ned to holil the garrilbn and city for king William, inde- pendent of Lcii'ler ; and on tlte 26th of October, which was before the p icket arrived fi omlord Nottingham, form- ed tiicmfelves into a convention for that purpoie. As Leif- ler's attempt, to reduce t)iis country to his command, wai the original caufe of the future divifions in the province, and in tbe end brought about his own ruin, it isnay not he iinp' oper to fee the refoUnion of the convention, a copy of which was fent dow n to bin at large. Peter Schv.vler, mayor, Claes Ripfe ^ Birh Wedels, recoixler, David Schuvler, C am JanWe-uLl, Albert Ryciunan>Ale more egregicufly fcolifh, than the conducft of both parties, who, by their inteftine divilions, threw the province into convulfions, and fowed the feeds of mutual hatred and aaimolity, which, for along time after, greatly embairafled the public affairs of the colony. When Albany declared for the prince of Orange, there was no- thing elfe that Leifler could properly require : and rather than facrifice the public peace of the province, to the trifling honour of refiftmg a man Vv^ho had no evil dcfigns, Albany ought in prudence to have delivered the garriibn into his hands, till the king's definitive orders fhould arrive. But while Leifler, on the one hand, was inebriated with his new-gotten power, fo on the other, Bayard, Courtland, Schuyler, and others, could not brook a fubmiflion to the authority of a man, mean in his abilities, and inferior in liis degree. Animated by thefe principles, both parties pre- pared, the one to reduce, if I may ufe the expreffion, the other to retain, the garrifon of Albany. Mr. Livingfton, a principal agent for the convention, retired into Conncd;i- cut, to folicit the aid of that colony, for the protecftion of the frontiers againft the French. Leifler, fufpecfling that they were to be ufed againft him, endeavoured not only to prevent tliefefupplies, but wrote letters, to have Living- L 78 Tlli: HISTORY don apprehended, as an enemy to the reigning powers , and, to procure fuccouis from Hollon, fallely reprelented llie convention, as in the inlerclt of the French and kiiig James. facob Milbonie was commilfioned for the reduction oi' Alliany. Upon his arrival there, a great number of the in- habitants anned ihemfclvcs, and repaired to the fort, then commanded by mr. Schtiyler, while niany others followed the other members of tlie convention, to a conference wiih him at the city-hall. Milborne, to profelyte the crowd, de- claimed mucli agalnlt king james, popery, and arbitra y power ; but his oratory was loit upon the hearers, who, after fcvcral meetings, llill adhered to the convention. Milborne then advaTiccd with a few men upto the fort, a?:d mr. Schuyler had the utmolt dilliculty to prevent both liii own men, and the Mohawks, who were then in /Mbar.y, and p?rfci!t:ly devoted to lii^ fervice, from li; ing upon Mil- bornc's party, which confiftcd of an incoiilidciable nun:- ber. In thefc clrcumllanccs, he thoaght proper to retrcar, and fbon after departed from xWhaiiy. In the fpring, ho commanded another party upoii the fame errand ; and the diilrefi c.f rhe country, on an Indian irruptior, gave him all the defired fuccefs. No fooiier was he poilcHcd of the garrifon, than molt of the principal members of the conven- tion ablLonded. I'pou which, tlieir eft'crcts were arbitral lly I'eizcd and confifcaled, w^iiich fo hi-Thly exalperated the iuf- fjrers, that their poilerity, to this day, cainiot f])eak of ihefe troubles, w ithout the bitterelt invectives againlt Leiilcr and all his ad'ierenrs. In the midit of thofe iiiteftine confiifions at New-York, the people of New-Kngland were engaged in a war with the Owenagangas, Ourages, and Fcnocoks. Between thefe and the bchakoolv Indians, tliere was then a friendly communi- cation, and tlx? fime was fufpedced of the Mohawks, among whom, Ibme of the Owcnagungas had taken fanctuary. This gave rife to a conference, be- ween feveial commilllon- eis from Bofton, Plymouth, and Connecticut, and the five nations, at Albiny, in September 16S9, the former endea- vouring to engage the latter, againft thofe eafteni Indians, who were then at war with the New-England colonies. Tahajadoris, a Mohawk fachem, in a long oration, an- fwered the £ngliili meliuge ; and, however improbable it may feem to Europ;?ans, repeated all that had been laid the preceding day. The art they have in affifling their memo- ries is tills. The fachem who prefidss, has a bundle of fticks prepared for the purpofe, and at the clofc of every principal arlicle of the nielia^e delivered to them, gives a OF N E \V - Y O K K. 79 ftick to anotlier fachero, charging him with the remem- brance of it. By this means tne orator, after a previous confei-cnce %vith the Indians, is prepared to repeat evciy part of the niellage, an.i give i: its pi oper reply. This ciU- tom is invariably purfuetlm all their pj^blic treaties. The conference did not anfvver tiie expectation of the people of New- England, t;ie five nations diicovering a grcst difiiiclination to join in the hoUilities againit the caiteni Indians. To atone lor v*iiich, they gave the hij^i.eil pro- teHations of their willingnels to diitrcis the Frencii, agaiiiii: whom the Enghili had declared v.'ar, on the 7th of May p-eceiing. That part of the fp?ech ratifying their friend. ?hip, witii the Engliih colonies, is lir.gr.larly exprelled. We promife to preferve the chain invioiabiy, and v.'if:i that the fun may always faine in peace, over ail onr heads that are con.prciiendcd in tliis chain*. We give two beUs. One for the lim, and the other for its beams. We make faft the roots of the tree of peace andtranquilliLy^vhich is plant- ed in this place. Its roots extend as far as the utinoifc of yonr colonies ; if the French fliould come to lhake th '.s'tree, we would feel it by the motion of its roots, ^vhich extend into onr country. But we triilh it will not be in the gover- nor of Canada's power to lhake this tree, wiiich has been fo firmly, and long planted with us." Nothing could liavc been more advantageous to tiiefc co- lonies, and efpecially to New-York, than the late fuccels of the five nations agairdt Canada. The miferies to which the French were reduced, rendered us fecure agaiidl their in- roads, till the work of the revolution was in a gi eat mea- fure accomplifned ; and to their dilbefled condition, we mufl principally afcribe the defeat of the French dehgn^ about this time, to make a conijueft of the province. Dc Callicres. who went to France in 1688, full: prcjeCied the fcliemey; and the troubles in England encouraged the * The Indians' conception of the league between them and us, is couched under the idea of a chain extended from a fliip to a tree ; and eveiy renewal of this league they call brightening the chain. f Charlevoix has publlfned an extract of the memorial prefented to the French king. The force demanded for th- 8 enterprife, was to confill of i;oo regulars and qco Canadi- cms. Albany was faid to be fortified only by an inclofure of ftoekadoes and a little fort with four baftions ; and that it contained but 1 5c foldiers and ;oo inhabitants. Tiiat to THE HISTORY P'rcnch court to make the attempt. CafTinierc commanded the (hips, which failed for tliat piirpole from Rocliefort ; fub- jct^r, ncverthelcfs, to the conut de Frontenac, who was ge* neral of tlic land forces, deftincd to march from Canada, by the route of Sorel-Rivcr and the lake Champlaiu. Tht fleer and troops arrived at C hebucta, the place of rendez- vous, in September ; from w hence the count proceeded to Qjiebec, leaving; orders with CafHniere, to lail for Sew* York, and continue in the bay, in fight of the city, bat be- yond the fire of our camion, till the i lt of December ; when, if he received no intelligence from him, he was ordered to return to France, alter unlading the ammunition, ftores, and provifionsat Port I^^oyal*. 1 he count was in high fpi- rits, and fully determined upon the enterprife, till he ar- rived at Qjiebec ; where the news of the fu( cefs of the five nations againlt Montreal, the lofs of his favourite fort at lake Ontario, and the ad .auccd leafon of the year, defeat- ed his aims, and broke up the expedition. De Nonvillc, who was recalled, carried the news of this difappointment to the court of France, leaving the cliief command of the country in the hands of count Frontenac. This gentleman "wa"»a man of courage, and well acquainted with the affairs of that country. He was then in the 68th year of his age, and yet fb far from confulting his eafe,that in a few days af- ter l>e landed ai(>)iebec,he re- embarked ina canoe, forMon- treal, where his preience was abfolutcly necefLary, to ani- mate the inhabitants, and regain their Indian alliances. A war, between the Englilhand French crowns, being broke out, the count betook himfelf to every ijiit, for concluding a peace benveen Canada and the five nations ; and for this purpofe, the utmoft civilities were fhov/n to Taweraket and the other Indians, who had been feut to France lPJ^ de Non- ville, and were now returned. Three of thofe l^ v ns, who, doubtlefs, were llruck with the grandeur and glory of the French monarch, were properfy fent on the ira^ portant meflagc of conciliating the friendihip of the five tions. Thefe, ag -eeable to our alliance, fent two fachems tft Albany, in December, with notice, that a council for that pui-pofe was to be held at Onondaga. It is a juft reflexion upon the people of Albany, that they regai ded the treaty New- York, the capital of the province, was open, had a ftone fort with four baftions, nnd about four hundred inha- bitants, divided into eight companies. * Now Annapolis. Of NEW - YORK. 8i fo flightly, as only to fend four Indians and the interpreter with inllrii(ftions, in their name, to difluade the confederates irom aceflation of arms ; while the French, on the other hand, had then a jefuit among the Oiieydoes. The coun- cil began on the 22d of January, 1690, and confiilea of eighty fachcms. Sadekanaghtie, an Orioudaga chief, open- ed the conference. The whole was managed with great art and formality, and concluded in fliowing a difpolicion to make peace with the French, without perfecting ii: ; guard- ing, at the fame time, againil giving the lealt umbrage to the Englilh. Among other meafurcs to detach the five nations from the Brinfh inrcreft, and raifc the deprefied ibirit of the Cana- dians, the comit do Frontenac thought proper to fend out lb veral parties againft the Englifh colonies. D'Aillebout, de Mantel, and le Moyne, commanded that againft New- York, confiiLing of about two hundred French and fome Caghnu- zi yii Indians, who being profelytcs from the Mohav. ks, were jjcrfec'ily acquainted v.irh that country. Their orders were, ill general, to attack New-York ; but pmi;nng the advice of the Indians, they refolved, inftead of Albany, to furprife Scheneclady, a village feveiiteen miles north-vveft from it, and about the fame diftance from the Mohawks. The peo- ple of Schenec1:ady, though they had been informed of the deligns of the enemy, were in the greateft fecurity ; judg-, hur^ it impracfticable, for any men to march fcveral hundred iii-ies, in the depth of winter, through the fnow, bearings, their provifions on t>*eir backs. Belides, the village was ia as much confufion as the reft of the province ; the officers, who were pofted there, bemg unable to prelerve a regular "watch, or any kind of military order. Such was the ftate of Schenedtady, as reprelemcd by colonel Schuyler, who "was at that time mayor of the city of Albany, and at the head of the convention. A copy of his letter to the neigh- bouring colonies, concerning this defcent upon Schenecitady dated the 15th of February 1689-^0, I have now lying be- fore me under his own hand. After two and twenty days march, the enemy fell in wixlx Schenecftady, on the Sth of Februaiy ; and were reduced to fuch ftreights, that they had thoughts of furrendering themfelves prifoners of war. But their fcouts, who were a day or two in the village entirely unfiifpec^ted, returned with fuch encouraging accounts of the abfolute fecurity of the people, that the enemy determined on the attack. They entered, on Saturday night, about eleven o'clock, at the gates, which were foimd unfhut ; and, that every houfe. might be invefted at the fame time, divided into iinall par« 82 THE H I S T O P. Y tics of fiXf or feven men. The inhabitants were in a pro- found flccp, ami nnalarmed, tiil their doors weic broke open. Never were people in a more wretched conlterna- tion. l>etcire tlicy were rifenfrom their beds, tlie enemy en- tered their lioufes ; and began tiie perpetration of the moft inhu;irjn ba.bariries. No tongruc, fays colonel Schuy- ler, can exprefs the cruelties that were committed. The whole villajTc was inRantly in ablaze. Women with child ripped opc.i, an J their iidants caft: into the flames, or ilafu- cd a5;ainlt the pofls of the doors. Sixty pe. funs periflied in the inafiacre, and twenty Icven were carried inlo captivity. The red fled naked towards Albany, throu;rh a deep fao\r which fell that very nii;ht in a terrible llorm ; and tweniy-flvc of tijcfe fu;:ritivcs loll their limbs in the flight, througii the feveriry ol" the froll. The news of this dreadful tragedy reacheil Albany, about break of day ; and univerfal clread feizcci the inhabiuuitsof that city, the enemy being report- ed to be one thoufand four hundred llrong. A party of liorfe was immediately difpatchcd to Schcnecftady, and a few Moliawks then in the town, fearful of being intercept- ed, were with dir!icidty fent to apprilc their ow n caftles. Tiie Mohawks we; e unacquainted with this bloody fcene, till t^vo days after it liappencd , our meflcngci s being fcarce able to travel through the great deptli of the fnow. The ene- my, in the mean time, pillaged the town of Schcnecftady till noon the next day ; and then went off v/ith their plunder, and about forty of their be ft horfes. The reft, with all the cattle theycoald fmd, lay Hiughtered in the ftreets. The dcfi'in of the French, in this attack, was to alarm the fears of our Indian allies, by fhowing that we were hi- capable of defending them. Kvery art alfo was ufed to con- ciliate their frieridfliip ; for they net only f])ared thofe Mo- iiav.ks wlio were found in Schcneilady, but feveral other parricular perfons in compliment to the Indiaiis, who re- queftedtha: favour. Sevcial women and children were alfo releafed ar the defire of captain Glen, to whom the French offered no violence; the ofticer declaring he had ftridt or- ders p.gainfl it, on the fcore of his wife's civihties to cer- tain French captives, in the time of colonel Dongan. The Mohawks, condderingthe cajoling arts of the French, and that the Caghnuagas who v/c:e with them, were once a part of their own body, behaved as well as could be rea- fonably exped;ed. They joined a party of youn^ men from Albany, fell upon the rear of the enemy, and either killed or captivated five and twenty. Several fachems, in th^ mean time, came to Albany, and very aftecftingly addrefled fhe inhabitants, who were juft ready to abandon the couti OF NEW- YORK, try i urging their ftay, and exciting a union of all the Eng- liih colonies againft Canada. Theii- fentiments concerning the French appear from the following fpeecli of condo- lence. " BrcLh en, we do not tliink, tliat what the French have done can be called a vic'tory : it is only a farther proof of their cruel deceit : the governor of Canada fent to Onondaga, and talks to us of peace with our whole honfe ; but war was m his heart, as you now fee by woful experi- ence. He did the fame, formerly, at Cadaraqui, and in the Seneca's country. This is the third time he has acted fo de- ceitfully. Ke has broken open our houfe, at both ends ; formerly in the Seneca's country, and now here. We hope however to be revenged of them." Agreeable to this declaration, the Indians fbon after treated the chevalier d'Eau and the reft of the b renchmef- fengers, who came to conclude the peace propofed by Taweraket, with the utmoft indignity ; and afterwards delivered them up to the Engliili. ±>efidcs this, their fcours. ha: railed the borders of the enemy, and fell upon a party of French and Indians, in the river, about one hundred and trsventy miles above Montreal, under the command of Lou- vigni, a captain who was going to MiHilimakinac, to pre- vent the conclufion of the peace, betw^een t]ie Utawawas and Q^uatoghies, with the five nations. The lofs in this ikirmlfh was nearly equal on both fides. One of our prilbn- ers was delivered to the Uta^\awas, who ate liim. In re- venge for this barbarity, the Indians attacked the iflaiid of Montreal at Trembling Point, and killed an ollicer and twelve men ; while another party carried off about fifteen ]^ iibners taken at Riviere Puante, whom they afterv. ards ^w, through fear of their purfuers ; and others burnt the 1 -ench plantadons at St. ^-Eurs. But what rendered this year mcft remarkable, was the expedition of lir William Phips againft Quebec. He failed up the river widia fleet of thlrty-tv/o fail, and came before the city in October. Had he improved liis time and ftrength, the conqueft would have been eafy ; but by fpending three days in idle confal rations, the French governor brought in his forces, and entertained fuch a mean opinion of the Englijii knight, that he not only defpifed his fummons to furrendcr, but fent a verbal anfwer, in which he called king William an ufurper, and poured the utmoft contempt upon his fubjec^tF. The nief- ienger, who carried the fiinimons, infifted upon a written anfwer, and that within an hour ; but the count ds Frontenac abfolutely refnfed it, adding, FU anfwer your mafter by the moatii of rny cannon, that he may learn that a man of my condition is not to be fummcncd in this mai^- §4 T H E H I S T O k Ic. Tier." Upon this, fir William made two attempts to laTirl below the town, but was repaired by the cnciKy, witli ton- liderablc lofs of men, cannon and laj^i^agc. beveral of the lliips aifb cannonaded rlie ciLy, but without any fuccefs. The fores at ihc fame time icLurned the fire and obliged them to retire in diforJer. The F/cnch writers, in their accounts of this expedition, univci-rally ccnlure the condudt of fir William, thougli they conncfs the valour of his troopi. 1-a Hontan, who was then at Quel>ec, lays, he could not have aViIliam Phips, publifheil at Loudon hi 1697, — Oldinixon's Brit. Empire, — and Charlevoix. Amon^ the caufes of the ill fuccefs of the fleet, the author Df thelile of fir William Phips, mentions the negledt of the conjoined troops of New-York, Conncdticut, and the Indians, to attack Montreal, according to the original plan of operations. He tells us, that they marched to the lake, but thei e Ibund themfelves unprovided with bT>tteaux, and that the Indians were dilluadcd from the attempt. By what au lio' ity tlielc aUeitions may be fiipported, I knov/ not. Charlevoix fays, our army was difappointed in the intended divcifion, by the {inall-pox, which fcized the camp, killed three hundred men, suid terrified our Indian allies. T H HISTORY OF NEW-YORK- PART ill. From the revolution to the fecond expedition againjl Canada^ WHILE our allies were faithfully exerting themfelves agaiuft the common enemy, colonel Henry Slough- ter, who had a commiffion to be governor of this province, dated 4th of January, 1689, arrived here, andpubliihed it on the 19th or March, 1691. Never was a governor mor© neceflary to the province, than at this critical conjuntfture ; as well for reconciling a divided people, as for defending them againft the wiles of a cunning adverfa*y. But, either through the hurry of the king's affairs, or the powerful in- tereft of a favourite, a man was fent over, utterly deftitute of every qualification for government, licentious in his mo- rals, avaricious, and poor. The council prefent at his arri- val were Jofeph Dudley, Chudley Brook, Frederick Philipfe, Thomas Willet, Stephen Van Courtlandt, William Pinhorne. Gabriel Mienvielle, If Leifler had delivered the garrifon to colonel Slough- ter, as he ought to have done, upon his firft landing, be- fides extinguifhing, in a great degree, the animofities then fhbfifling, he would, doubtlefs, have attratfted the favoura- ble notice, both of the governor and the crown. But being a weak man, he was fo intoxicated with the love of power, that, though he had been well informed of Sloughter's ap- pointment to the government, he not only iliut himfelf up M tHE HISTORY i:i tlie fort ^vith Bayard and Nichols, whom he had, before that time, iinprifoiied,. but refufed to dehvcr thtm up, or to farreiuler the garrifim. From this nicineii , he lolt all cretlic with tiie governor, v/ho joined the other ^rarty againft him. On the fecoiul demand ot the fort, Mili)orne and Dtlanoy c:;me out, iindcr pretence of confemiig with his excellency, but in reality to difcoter his deligns. Siough- ter, who conficlered them as rcl>els, threw them both into goal. Lciller, upon this event, thought proper to abandon the fort, which colonel hloughtcr immediately entered. Bayard and Nichols were now releafed from their confuic- nicnt, and fworn of the privy council. Leiller having tiius mined his caiife, was apprehe:\ded with many of his adhc- rtnis, and a commilhon ot' oyer alul terminer illucd to fir Thouras Kobinfon, colonel ^miih, and others, for their ti ials. In vain did they plead the merit of their zeal for king William, fnicc they had fo lately oppolcd ids governor. Leiller, in pariicular, endeavoiycd to juitify his conduct, infilling, that lord Nottingham's letter entitled him to ac^c i:j the quality of licuieiiant-governor. Whether it was througli ignoiance or lycophancy, 1 know not: but the judges, Inilead of jjronounciij;^ their own fentiments upon this part of the prifoner's del'ence, referred it to the go- vernor and council, praying their opinion, whether that letter *^ or any other letters, or papers, in the packet from V/hiie hall, can be undei ltood, or interpreted, to be and contain, any power, or direction to captain Leiller, to take the government of this province upon himfelf, or that the adn^ir.ill.ation thereupon be holden good inlaw." The an- fwer was, as micrht have been expected, in the negative ; and Leiller and hi; fon we) e condemned to death for high rrcalon. Thefe violent meafares diove many of the inhabi- tants, who were feariul cf being apprehended into the Jiei^iibouring cclonici, which Ihortly alter occafioned the pal:ingan act of genernl indemnity. From the farrender of tlie province, to the year i6?^, the inhabitants were ruled by the duke's governors and their councils, who, from tiiue'to time, made rules and orders, Wi ich were cileemed to be binding as laws. Thefe, about the year 1^174, weie regularly coliecl:ed under alphabetical titles ; and a fair copy of them ' emains, among our records, to this day. They a e commonly known by tlie name of the duke's laws. The title page cf the book, written in the old court iiaiid, is in tiieie bald woids, © F N E W-Y O R K. JUS NOV.?: EBORAC£NSIS; V E L, LEGES ILLUSTRISSIMO PRINCIPE JACOBI DUCE EBORACI ET A L B A N etc. INSTITUT.^: ET ORDINATE., AD OBSERVANDUM IN TERB_ITO?JIS AMERICA; TRANSCRIPTS, ANNO DOMINI M.DC.LXXIV. Thofe ac^s, which \vere made in i6S:^ and after the duke's accciiion to the throne, v* hcn the people -u'ere ad- niicted to a participation of the legifiative power, are for the moft part rotten, defaced^ or loft. Few minntcs relat- ing to them remain on the council books, and none in the journals of the houfe. As this aflembly, in 169T, was the firft after the revolu- tion, it may not be improper to take fonie particular notice of its tranfac^tions*. It bejran the 9th of April, according; to the writs of funi- mons iii'ied on the 20th of March preceding. The jonrnal of the houfe opens with a lift of the members returned by the fherifts. City and cnunry of New-York. County of Richmond. James Graham, Elias Dukelbury, William Mcrrett, Jol^-^ Dally, Jacobus Van Courtlandt, County of Weft-Chefter. Johannes Kipp. J^^^^^ Veil. City and county of Albany. Conaty of ^MifFolk. Derrick Weflels, Henry Pie; fon, Levinus Van Scayck, Mathew ^!o^vell, Ulfter and Duchefs county, Queen's county. Henry Beckman, John Bound, Thomas Garton. Nathaaiel Percall. King's county. Nicholas StiUwell, John Poland. The members for Queen's co-.tnty, being quakers, were iiftenvards difniiiTed, for rcfiifing the oaths directed by the governor's commiffion ; but all the reft were qualified be- fore two commlflioncrs appointed for that piirpofe. * All laws made here, antecedent to this period, are dif- regard both by the legidature and tlie courts of law. In the colleAion of our tl^zs publluied in 1752, the compilers were directed to begin at this aiiembly. The validity of the ol4 grants of the powers of government, in feveral American ^plpnies, is very much doubted in this province. 88 THE HISTORY James Graham was elc(fted their fpeaker, and approved by the governor. The majority of the members of this ailembly were a- gainfl: the mealiires, which Lciiler purfued in the latter part of his time ; and hence we find the houfc, after confulcr- ing a petition figned by fundry pcrfons againlt Leiiler, un- animoiilly relblved, that his diilblving the late convention, and iinprifonino; fcveral perfons, was tumultuous, illegal, and againfl tlieir majeitics' right, and thai the late depre- dations on Schenectady, were to be attributed to his ul'ur- pation of all power. They reiblved againft the late forcible feizures made of cfFecfts of tile people, and againlt the levying of money on their majelties' lubjecfis. And as to Leiller's holding tlic fort againll the governor, it was voted to be an act of rebellion. The houfe having, by tlicfc a(>;recable refolves, prepared the way of their accels to the governor, addrcfled him in thcfe words. ** May it pleafe your excellency. We, their majefties' molt dutif ul and loyal fubjecfts, con- vened, by their majefties' moft gracious favour, in general afl'embly, in this province, do, in all moll humble manner, heartily congratulate your excellency, that as, in our hearts, we do abho.* and dctell all the rebellious, arbiti'ary, and il- legal proceeding* of the late ufurpers of their majefties' au- thority, over this province, fo we do, from the bottom of our hearts, with all integrity, acknowledge and declare, that there are none, that can or ought to have right to rule and govern their majellies' fubjects here, but by their ma- jellies' authority, which is now placed in your excellency : and therefore we do folenmly declare, that we will, with our lives and fortunes, fupport and maintain the admmif- trationof your excellency's government, under their majef- ties, againft all their majelties' enemies whatfoever : and this we humbly pray your excellency to accepr, as the fin- cere acknowledgment of all their majefties' good fubjecfts, within this their province ; praying for their majefties' long and happy reign over us, and that your excellency may long live and rule, as according to their majefties' moft excel- lent '■onftitution of p-evernine their fubjec'ts by a g^emeral aflbmbly." _ ^ ^ . ^ ^ Before this houfe proceeded to pafs any acfts, they unani;- moufly refolved : That all the laws confented to by the genei-al aflembly, under James duke of York, and the liber- ties and privileges therein contained, granted to the people, and declared to ho their rights, not being obferved, nor ratified and approved by his royal highnefs, nor the late O F N K W-Y O R K. Jting, are null and void, and of none efFect ; and alfo, the leveral ordinances^ made by the laie governors and councils, being contrary to the coiiftitiition ot England, and the practice of the government of their majeitie*' other plantations in Ameiica, are like wife nuU and void, and of no effect, nor force, within this province." Among the piincipal laws enacted at this feilion, we may mention that for eilabliihing the revenue, which was drawn into precedent. The liims raifed by it, were made pa} able into the hands of the receiver-general, and ilTued by the governor's warrant. By this means the governor became, tor a feafon, independent of the people ; and hence we lind freq[uent iiiltances of the aflemblies contendhig with him for the difcharge of debts to piivate psrfons, contracted on the faith of the government. Antecedent to the revolution, innumerable were the con- troverfies relating to public tov. nlhips and private rights ; and hence, an act w as now pafled, for the confirmation of an- cient patents and gi ants, inrended to put an end to thofe de- bates. A law was alfo pafled for the eitabiilhment of courts of jufticejtho' a perpetual acl: had been made to thatpurpofein 1 68 3, and the old court of afiize entirely dillblved in 1684. As this enacted in 1691, was a ten-poiary law, it may hereafter bedilputed, as it has been already, whetherthe prefent efla- biifliment of our courts, for general jurifdj<5tion, by an or- dinance, can confill even w ith the preceding a6l, or the general rules of law. Upon the erection of the fr.preme court, a chief jufiice^, and four ailiilant judges, with an at- torney general, were appointed. The chief j allice, Jofcph Dudley, had a falary of igcl. per annum : Johnfon, the fc- cond judge, lool. and both were payable outoftiie revenue : but William Smith, Steplien Van Courtlandt, and William Pinhorne, the other judges, and Newton, the attorney-gen- er?J, had nothing allowed for their fer\-ices. It has, more than once, beena fubjecl of animated debate, whether the people, in this colony, have a right to be re- prefented in aflembly, or whether it be a privilege enjoyed, thro' the grace of the crown. A memorable aCl, pafled this feflion, virtually declared in favour of the former opinion, upon that, and feveval other of the principal and diftiiji- guifliing liberties of Engliflimen. It muft, neverthelefs, be confefled, that king William was afterwards pleafed to re- peal that law, in the year 1697*. * It was entitled, <^ An act declaring what are the rights and privileges of their majefties' fubjeifc^, inhabiting within their province of New-York." T H K HISTORY Colonel Slonghtcr propofed, immediately after the fcf- fion, to fet out to Albany ; but as Leiller's pany we^e en- raged at his iinprifonment, and the late fentence ai^ainll lii n, his enemies \vc*re afrayl new troubles would ipriug up in the abLacj of tlie )»;overnor ; for this rcafon, both tiie aflcrnhly and coiincil advifed that the prifoncrs flioald be immediately executed. Slouirhtcr, \\\\n had no inclination to favour tiiem in this requeft, chofe raiher to delay fucli a vioic;U lien, being I'earful ofcuttinc^ off rwo men, who had vigoroull/ appeared for the king, :;: d lo fignally con- tributed to the revL-luii^jn. Kothir.g conic! be more dilaf,rcc- nble to their enemies, v hofe inte cft vas deeply concerned in their deftruc^tion. And therefore, when no other me:\- fures roul I p cvail wi'h the governor, tiadiiion informs rs, that a fiin piuous fc;dl was picparcd, 10 whicli color.cl MlouL^htcr was ijivitc 1. When his excellency's reafbn wjs diowucil in liis cups, the intrca ies of the company pre- ^•ailcd with hhn to fign the death warrant, and, before he jeroveredhis fenfes, the p -iQ)nei s wei e executed. Leiflei's fon afterwards carried home a complaint to king William, againlt the governor. His prti'.ion was referred, according to the comiv.tMi courfe of plantation affaii s, to the lords com- iniiiioneis of irade, who, after hearing the whole matter, reported on the iithof Marrh 1^92, "l hat they were hum- bly of opinion, that Jacob Leifler and Jacob Alilborne de- ceafed, were condemned and had fuffered according to law.'* Their lord (hips, however, interceded for their families, as fit objec^rs of mercy : and this induced queen Mary, who approved the report, on the i yrh of March, to de- cla e, *' That upon the Immble application of the relations of '^he faid Tacob Leifler and Jacob Milbome deceafed, her majelly will order the elVates of |acob Leifler and Jacob Mil- bo nie, to be relioved to their families, as ob jects of her ma- Jefty's mercy." The bodies of thefe unhappy frfrcrcrs we-c afterwards taken up and interred, with great pomp, in the old Dutch church, in the city of New-York. Their eftates were re Ilo red to their families; and Leifler's children, in the p'.ibiin eftimat ion, are rather dignified, tiian difgi accd, by the fall of their anceftor. Thefe did. adions, in the province, fo entirely engi-offed the public atcention, that our Indian allies, who had been left folely to contend with the common enemy, g"ew^ ex- tremely difaffeL^ed. The Mohawks, in particular, highly refented this cond uct, and, at the inftance of the Caghnu- ajraes, fent a meflenger to Canada, to confer with count Fronrenac about a peace. To p event this, colonel Slough- ter had an interview at Albany, in Jiuie^ with tlie other OF NEW - YORK. ^ur nations, who exprefl'ed their joy at feeing a governor again in that place. They told him, that their aiiceiloi s, as they had been informed, were greatly fuipi iled at the ar- rival of the firll Ihip in that coantry, and were curious to know what was in its huge belly. That they found chriltians in it, and one Jacques, with whom they made a chain of fiiendftiip, which they had preferved to tiiis day. All the Indians, except the Mohawks, aflUred the governor at this meeting, of their refolution to profecute the war. The Mo- hawks confciled their negociations with the French, that they had received a belt from Canada, and prayed the ad- vice of the governor, and afterwards renewed their league wiih all our colonies. Sloughter foon after returned to New-York, and ended afhort, weak, and tui bulent adminiltraiion ; for he died fiiddenly on the of July 1691. Some weie not without lufpicions, that he came unfairly to his er d : but the cer- titicate of the pbyfijianand firgeons who opened his body, by an order of council, confuted tl efe conjectures; and his remains were interred in S:uyvefant's vault,nexL to tliofe of the old Dutch governor. At the time of bloughter's deceafe, the government de- volved, according to the late ac5l for declaring the rights of the people of this province, on the council, in which Jo- fepli Dudley had aright to preiide : bi:t they committed the ciiief command to Bichard IngoUby, a captain of an mde- pendent company, who was fwoni into the office of piefi- dent on the the 26th of July 1698. Dudley, foon afterwards, returned to this province, from Bofton, but did not think p. oper to dirpute IngoUby 's authority, though the latter had no title, nor the gr eateit abilities for government, and was befi les obnoxious to the p rty who had joined Leifler, having been an agent in the meafurcs which accomplilhed his ruin. To the late troubles, which were then recent, and the agreement fubfifthig between the council and af- feinbly we m ift afcribe it, that the former tacitly acknow- ledged luffollby's right to the prefident's chair ; for they concurred with him," in palling feveral laws, in autumn and the fpi ing following, the validity of which have never yet been difputed. Thisfummer, mayor Schuyler*, with a party ofMoha"wks, * TheFiench, from his great influence at Albany, and a-flivity among ihe Ind'.nis, concluded that he was gover- nor of that city i and hence, their biilorians honour him •0 THE H f S T O R Y parted through the lakeChamplain, and made a bold imip- tion upon the French fcttlemeiits, at the north end of it.f De Callieres, the governor of Montreal, to oppofc him, colleclcd a fmall army, of eight hundred men, and encamp- ed at la Frairie. Schuyler had feveral conflic*^ts wlih the enemy, and Hew about three iiundred of them, which ex- ceeded in number his whole party. The French, afhamed of their ill fuccefs, attribute it to the want of order, too many dcTiring to have the command. But the true caufe ■was, the ignoranc e of their officers in the Indian manner of fighting. They kept their men in a body, while ours polted thcmfclves behind trees, hidden from tiie enemy. Major Schuylei 's defign, in this dcfcent, was to animate the Indi- ans, and prefcrve their enmity with the French. They, accordingly, continued their hoftilities agaiult them, and, by frequent incnrfions, kept the country in conllanc ajann. In the midft: of thefe diftrefles, the French governor pre- ferved his fpri^htHnefs and vigour, animating every body about him. After he had fcrved himfelf of the Utawawas, tvho came to ti-ade at "Montreal, he fent them home under the care of a captiiin and one hundred and ten men ; and to fccure their attachment to the r rench inierefl:, gave them two Indian prifoners, and, befides, fent very -pnliderable prcfcnts to the wellcrn Inclians, in their alliance. The cap- tives were afterwards burnt. The five nations, in the mean time, grew more a i l more incen fed, and coiitinually har- raficd the Frencli borders. Mr. Bcaucour, a young gentle- man, in the followin.^ winler, marched a body of about three hunvdrcd men to attack them at the iRhmus, at Niaga- ra. Incredible were the fatigues they undei-wentin this long march over the iiiow, bearing their provifions on their barks. Eighty men, of the five nations, oppofed the French party, and bravely maintained their ground, till moft of them were cut off. In retuni for which, the confederates, in fmall parties, obilrucrted the paflage of the French through lake Ontario, and the river iflUing out of it, and Nvith that tiilc, though lie was then only mayor of the cor- poration. ^' Pierre Schuyler (fays Charlevoix) ttoit un fort honnste hovivic.'* ' . t Dr. Colden relates it as a tranfaction of the year 1691, w hich is true : but he fuppofes it was before fir William Phips's attack upon Quebec, and thus falls into an anachrcn- t ifm of a whole yeai-, as I have ah eady obferved. F N E W-Y O R. K; tmt ofF their communicarion with the weftern Indians. An. Indian, called Black Kettle, commanded in thefe incurfions of the five nations, and his faccelles, wliich continued the whole fummer, fo exalperated the connt, that he ordered an Indian prilbner to be burnt alive. The braver^' of this lavage was as extraordinary, as the torments infiicled on him were cruel. Ke fang his military achievements without in- terruption, even while his bloody executioners pratftifcd all poffible barbarities. They broiled his feet, thrull: liis fingers into red hot pipes, cut his joints, and twiftcd the finews with bars of iron. After this his Icalp was ripped off, and hot fand poured on the wound. In June 1692, captain Ingoliby met the five nations, at Albany, and encouraged them to perfevere in the war. The Indians, declared their enmity to the French, in the ftrong- eft terms, and as heartily profefled their friendfhip to us^ Brother Corlear," faid the (achem, we are all lubjetfts of one great king and queen : we have one head, one heart, one intereft, and are all engaged in the fame war." The Indians, at the fame time, did not forget, at this in-* terview, to condenni the inac'tivity of the Englifh, telling them, that the deftruClion of Canada would not make on© fummer's work, againft their united ftrength, if \-igorouf- ly exerted. Colonel Benjamin Fletcher aiTived with acommillion to be governor, on the 29th of Auguft, 1692, which was pub- liHied the next day, before the following members, in council : Frederick Philipfe, Chudley Brooke, Stephen Van Courtlandt, William Nicoll, Nicholas Bayard, Thomas Willet, Gabriel Mienvielle, Thomas Johnfton. William Pinhome, one of that board, beins; a non-refi- dent, was refufcd the oaths ; and Jofeph Dudley, for the fame reafon, removed, both from his feat in council, and liis office of chief julHce. Caleb Heathcote and John Young fucceecled them in council : and William Smith was feated, in Dudley's place, on the bench. Colonel Fletcher brought over with him a prefent to the .colony, of arms, ammunition, and warlike ftores ; in grati- tude jfor which, he exhorted the council and allcmbly, who W'ere fitting at his arrival, to fend home an addrefs of* thanks to the king. It confifts, principally, of a reprefenta- tion of the great expenfe the province was continually at to defend the frontiers, and praying his majefly's direction, that the neighbouring colonies might be compelled to join their aid, for the fiipport of Albany. The following paf- N -THE HISTORY fage m it (hows the fcnfc of the kgiftature, upon a niJltt«» which has fmcc been vc-y much debated. *' When thele coTintrics were pollelledby the Dutch Welt-India company^ they always had p-erenccs (and liad the nioltpait of it with- in rlich* atlual j a- ifvliccion) to all that tract of land (with the iliands adjaccnr) exieiulinjr, from the weft: (idc of Coiine<*ti- t; ic river, to tli? lands inf^ on the welb hde of Delaware hxy, ^ a fuiiablc portion of land for one colony or govern- ment ; all waich, including the lands on the welt of Delu- irvarc bay or river, were in the duke of York's grant, from his iiiajelly kiug Charles the fecond. whofe governors aUo pu(lcilc?J thofc lands on the welt liJc of Delaware bay or river. By feveral grants, as well fio!n the crown, as from the duke, the faid province has been fo diniiniftved, that it Is now ticcreafjd to a very few towns and villages ; the minibcr of men fic to bear arms, in the whole government, hot amounting to 3000, whoa e all reduced to great po- verty. " Fletcher was by p^-ofefiion a foldier, a man of (t'-ong paf- fion?, and inconti lerable talents, very a(ftive, and e*|ually avaricious. Norliing could be mo e fo- tunatc to him, than bis early acq lainrance with major Schuyler, at Albany, at the treaty, for confii-mation of the Indian alliance, the fall after his a -rival. No man, then in this p ovince, underftood the Itatc of our affairs with the five naiions better thanma- jvor Schuyler. I^e had fo great an inlhience over them, that whatever Qiii^ler*, as they called him, recommended or difappvoved, had the force of a law. This power over them vas fupported, as it had been ob aiiied, by repea'ed olRccs of kinduefs, and his lingular bravery and activity- in the defence of h's country. Thefe qnalifKratlons rendered him fii gulaily ferviceable and necellary, both to the province and the govevnor. for this reafon, Fletcher took him in- to his confi leuce, and, on the 2 5tli of October, raifed hira to the council board. Under the tutelage of major Schuy- ler, the governor became daily more and more acquainted with our Ind'^.n affairs ; his conftant application to which, p ocured and ii'-eferved him a reputation and influence in the colony. Without this knowledge, and which was all t'lar he had to dillin^ liih h'mfelf, his incefliut folicitation* for money his pailionare temper and bigot.ed principles, m lit neceliarily have rendered him obnoxious to the peo- ^1 , a.id kindled a hot fire of contention in the province. The old French governor, w^ho found that all his meafhres for accompliihing a peace with the five nations, proved abor- * liillead of Pe:er, which they could not pronounce. OF NEW- YORK. 95 tive, was now meditating a blow on the Mohawks. He ac- cordingly coilecled an army of lis or feven hunJicd ir'rench and Indians, and fapphed them with ev^iy thing neceliai-jr for a winter campaign. They fee out from Mont cal, cn the 1 5th of Tanuaiy, 1693; and afi.er a march attended with incredible hardfliips, they palled by Schenectady, on the 6th of February, and, that night, captivated five men and fome wo nen and children, at the firlt caitle of die Mo- hawks. The I'econd caltle wiis taken wich equal eafe, the Indian inhabitants being in perfect fecurity, and, for the moft part, at Schenectady. At the third, the er.emy foiUi4 about forty Indians hi a war dance, defigning to go out, nji* on fonie enterprife, the next day. Upon their entering the cafde a conflic't enfued, in which the French lolt about thir- ty men. Three hund. ed of our Indians were made captives, in tliis defcent ; and, but for the intercelfion of the favages in the French intexcft, would all have been put to the Iword*. The Indians were enraged, and with good rcafon, at the people of bchcnectady, who gave them no afliftance againft tiie enemy, though they had notice of their marthirg by that village, at this was atoned for by the fiiccoui-s fiom Al- bany. Colonel Schuyler voluntarily lieaded a party of two hundred men, and went out agahift the enemy. On the 1 5th of February, he was joined by near three hundred Indians, ill armed, and many of them boys. A pretended defei'ter, who came to diliuade the India, s f. om the pur- fait, informed him, the next day, that the French had built a fort, and waited to fight him ; npon which he fei^t to In- gollby, the commandant at Albany, as wtil foi a icirforce- nient as for a fupply of provifions : for tlie grcateil part of his men came out, with only a few bifcuitsiii ilicir pockets, and at the time they fell in wiih the enemy, cn the lyih of the montli, had been fevcral days without any kind of food. Upon approaching the French army, fund 5 y fliiim flies en- fued i the enemy endcavoniing to prevent our Indians from felling trees for their protecliion. Captain Syms, with eighty regulars of the independent companies, and a fup- ply of piovifions, arrived on the 19th •. but the enemy had marched off the day before in a great fnow florm. Onv pariy * Dr. Golden and the jcfuit Charlevoix are not pevfedlly agreed in the hiitory of this irruption. I have followed, fomctimes the former, and at other times the latter ; ac* cording as the facfts, more immediately, related to the coii* 4u^of their refpedivecoufttrj'^meii. 96 THE HISTORY however purfued them, and would have attacked their rear, if the Mohawks had not been averfe to it. When the French reached the north branch of Hudfon's river, luckily acake of ice Icrved them to crofn over it, the river being open both above and below. The frolt was now extremely I'evere, and the Mohawks fearful of an cni'agcment ; upon which Schuy- ler, wiio had retaken about fifty Indian caprivcs,delilked from the purfuic on the 2^th of February ; four of iiis nien and as many Indians being killed, and twelve wounded. Our In- dians, at this time, were fo diib cflcd for provifions, that they fed upon the dead bodies of the French ; and the ene- my, in their turn, were reduced, before they got home, to eat up their (hoes. The French in this enterprifc lolt eighty men, and had above thirty wounded. Fletcher's extraordinary difpatchup to Albany, upon the firft news of this dcfcent, gained the elleem both of the public and our Indian allies. The exprefs reached New- York on the 12th of February, at ten o'clock in the night, and in lefs than two days, the governor embarked with three hundred volunteers. The liver, which was heretofore very uncommon at that fealbn, \vas open*, t Ictchcr landed at Albany, and arrived at SciieneCtady, the i 7th of the month, which is about one hundred and fixty miles from New-York : bur he was Hill too late to be of any other ufe than to llrengthen the anci- ent alliance. The Indians, in commendation of his acfcivity on the occafion, gave him the name of Cayenguirago, or, the great fwift arrow. Fletcher returned to New-York, and, in March, met the aflen.bly, who were fo v/ell pleafed with his late vigilance, that beiides giving him the thanks of the houfe, they raifed 6000I. for a year's pay of three hundred volunteers, and their officers, for the defence of the frontiers. As the greatcfl: part of this province confiited of Dutch in- habitants, all our governors, as well in the duke's time, as after the revolution, thought it good policy to encourage Englifh preachers and fchoolmaflers in the colony. No man could be more bent upon fuch a project than Fletcher, a bi- got to the efpifcopal form of church government. He, ac- corr'ingly, recommended this matter to the aflcmbly, on his * The climate of late yeai's is much altered, and this day (Februaiy 14, 1756) three hundred recruits failed from New- York for the army under the command of general Shirley, now quartered at Albany j andlaft ycar^ afloop ;fv'cnt up the river a mpnth earlier. OF N E W- Y O R K. '97 Hrft arrival, as well as at their prcfcnt meeting. The honfe, from their attachment to the Dutch laiiguage, and the mo- del of the church of Holland, fecnred by cue of the arti- cles of fuiTender, -were enti: ely dilincliiied to the fcheine, which occafioned a wann rebuke from the governor, in his fpeech at the clofc of the feilion, in ihefe words : " gentle- men, the firll thing that I did recommend to yor., at our lait meeting, was to provide for a minilhy, and nothing is done in it. There are none of you, but what are big with the privileges of Engliflmien and magna charta, which is your right ; and the lame law doth provide for the religion of the church of England, againlt fabbath-breaking, and all other profanity. But as y«uhave made it lafl, ana poit- poned it this feffion, I hope you will begin with it the next meeting, and do fomewhat toward it effevftually." The news of the ariival ol' the recruits and ammiuiition at Canada, the late lofs of the Mohawks, and the unfulfill- ed promifcs of alliitance, made from time to time, by iL-j Englifh, together with the inceilant Iblicitations of Milet, thejefuit, all confpired to induce the Oneydoes to Ihe for a peace with the French. To )^revent fo important an event, Fletcher met the five nations at Albany, in July i^^93, with a confiderable prefent of knives, hatchets, clothin.g, and ammunition, which had been fcnt over, by the crov.ii, f or that purpofe. The Indians confented to a renewal of the ancient league, and exprcfied their gratitude, for the king's donation, with fingular force. Brother Cayenguiia'go, we roll and wallow in joy, by reaibn of the great favoup the great king and queen have done us, in lending us armi. and ammunition at a time when we are in the gi eavell need of them ; and becaufe there is fucii unity among the bre- thren." Colonel Fletcher prefled their delivering up to him Milet, the old pricft, which they promifed, but never per- formed. On the contrary, he had influence enough to per- fuade all, but the Mohawks, to treat about the peace at Onondaga, though the governor exerted himfelf to prevent it. Soon after this interview, Fletcher returned to New- York ; and, in September, met a new allembly, of which James Graham was cholen fpcaker. The governor laboured, at this fellion, to procure the eftabliihment of a miniftiy throughout the colony, a revenue to his majelty for life, the repairing the fort in New-York, and the ere^ftion of a chapel. That part of his fpeech, relating to the m^iniftiy, •was in thefe words : I recommended to the former allem- bly, the fettling of an able minillry,that the worlliipof Go^ jnay be obferved among us j for 1 fuxd that great and fir(b THE IT I S T O n Y duty very macli ncgled:cd. Let m not tbrgct thatthrrcli a Kjod, that ma Ic us, who will p/otect us, it we Icrve him. This has been alwiys the fi It thing 1 have recoinnu ucJed, ycc the latt in /oar confi jeiaiion. l hope you aie all (acisli- ed of the great ncc^liiiy and daty, that lies upon you to do this, as y.>ii c:i.pecL liLs blciiiiig upon your laboais." The zeal Nviili Wwich tliis aii*J.ir w:is i ccoinmended, induced the ^oafc, on tlic i2Lhof Sep.ei.iber, to apjjoint a co;nniictce of ei:>ht meinbc. s, to agi'ee upon a fclicine for l'e,;ilinga liiiniic.y, in each rcfpeciAvc pre net, throughout the j)ro- vince. J'liis coinuiiiicc made a report the next day ; hai it wasr.' >in i i CiUillc if af:v;ru)o;i, an I then deferred to .he r.ext mo ning. Several debutes ar iling about therepon, in th? houfe, it wai a^ain '* recommitted lor farther confidera- t!on." On liie 1 5tli of Sep.embcr, i: was app roved, the ef- tabUihment being tlicu limiied to fcvei-al parilhcs in )'uiir counties, and a b 11 o deicd to be brought in according ly ; which tiie fpcaker (who, on the i ?tii of Scptembc'-, w:iS appfjiiuci to diaw all their bills) pioauced oii the 19^1. It w IS rea l twice on the fa nc day, a. id then referred to a com- mit. of the wiiole hoafe. 'I he thi il reading was on the Si.'t of .>cpte.ni3er, when the bill piflod, and wosfcnt up to the governor and council, wiio i;n;ne(Iia ely retunied it wicn an amearlmcnt, to velt hi> excellency svitji an epifco- \r\] power of inducliing every incumbent, audhig to thatj^a t of the bill near the eid, wiiicli gave the right of prcfenta- Uon to tiie people, the(e wo ih an 1 p efen ed to the go- vciiior, to be approved and collated. " The hoafe declined their confenc to the addition, and immediately relumed the bill, praying, *' thac ic may oafs wi ho.it the amend- ment, having, in the drawing; of the bdl, had a d :e re- gard to thai, pious ^ntent of fettling a miniftry, for the btr ncfit of the people." r letcher v/as fo exafpe a:ed wi;h their refufal, that he no fooiicr received the anfwer of the houfe, than he convened them before him, and in an angiy fpeecli broke up the feflion. I iliall lay that part of it, relating to this bill, before the reader, becuufe it is charatfteiifuc pf the man. " Gentlemen, *' There isalfo a bill for fettling a miniftry in this city, and fome other countries of the government. In tliat veiy thing you have fhown a great deal of ftiffiiefs. You take up- on yon, as if you weie dictators. I fent down to you an amendment of three or four words in tliat bill, which, though very immaterial, yet was poficively denied. 1 muft tell you, it feems very unmannerly. There never was an anieudment yet defu'ed by the council boaid, but what wai or NEW-YbRJC. Hji^^'^^- It is the fign of a ftubbom ill temper, and tins Lase alfo palled. " But, gentlemen, I mnft take le:ive to tell ycVf if yctr feem to undeiftand by the^e v oids, that none can fe»ve vicliouc yoar collation oi efiabliflinjent, ycnaie far inif- taken. Fori have the poAver of collating or fi- (pending any minifter, in my governs fnt, bv their niajeilies' Ictreis pa- tent ; and whilft 1 ftay in the government, 1 will take cs' e, that ne ther he efy, feditioti, fchifm, or rebellion, be t) eached among yoa, nor vice and pi cfaniry er.ccinaged. It is my endeavotir, tolead a virtuous and pious life amoi eft you, and to give a good example : I wifh you all to do the fjme. You ought to confiJer, that you have br.t a third fhare in the Icgiflative power of the gcveii:n-c'ijt ; and oiight not to take all r»poii you, nor be fo peremptory. You ought to let the comicil have a iliare. They are in the nai-ure of the hor fe of lords, or upper houfe ; but you feem to take the w holepower in your hands, and fet up for every thing. You have fet alon^ time, tcllttle p-^rpofe, and have been a great cliarge to the country. Ten fhillings a day is a large allowance, imd you pnndtually exacT: it. You have been always forward enough to pull dovm the fees of ciher nimifters in the government. Why did you not think it expedient to correa: your own, to a more moderate allow- ance ? " Gentlemen, I fli?-ll fay no more, at prefent, but thjlt you do withdraw to your private affairs in the country. Ido p-oro'Tue you to the tenth of Januar}'' next, and youa-e hertby prorogi.cd to the tenth dry of Januar y next enfu- ing.'' The violence of this man's temper is very evident in all his fpeechcs ajid mcflages to the allembly; and it can only be artribnted to the ignorance of the tiir.es, that the memhei S' of that houfe, inllead of aflei ting their equality, peaceably pat up wi:h his rudenefs. Certainly ihey ^exrved better ufage at his hands. For the revenue. eilaLliflied the lafryea", tras, at this feilion, continued fiveyea^s longer than VtS originally intended. This w as rendering the governor for a t'l v.e independent of the people. Fo--, at that day, the af- fembly had no treafure ; b^ r the amount of all taxes went of courfe into the hands of the rcceivei -general, w ho was apno'.n'-ed by the crown. Out of this fund, monies were only ifl'iable by the governor's wanant ; fo that every oficer in the government, f ern mr. Blaidi wait, who drew annually : five per cent, out of the revenue, as audi* cr-£,e^ieral, do^ n to the meancH: fevvant of tl e public, became dependent, fole- ly^of the govcriior. And heuce we fin J the hoxife,at the cloife loo THE HISTORY M of every feflion, humbly addrcfling Ins excellency, for th# 1 tri.'iing w a[;cs of their ov\ii clerk. Fletcher was, notwith- I ftanduig, lb .nach difplcafed w ith them, that, foon after the 1 prorogation, lie dKiblved tlic aHcmbly. The inc*nbcrs of the new adcmbly met, according to the Avrit of fmnmons, in March 1694, and chofc colonel Peirfon^ tor their fpeaker, mr. Graham being left out at the election for the city, f he lliorl nefs of this feflion, which continued only to the latter end of the month, was owing to the dif- ag. eeablc bufniefs the houfc began upon, of examining the ftacc of the piiblic accounts, and in particular the nuilt-cr rolls of the volunteers, in the pay of the province. They, however, refumed it again in Seprember, and fomially ei»- tere.l their dilljcisfaction, with the receiver-general's ac- counts. The governor, at tlie lame time, blew up the coals of contention, by adeniand oiatiditional pay, lor theking'g foldiet s, then jult arrived, and new fupplies for detachments in defence of the frontiers, lie at laft prorogued them, af- ter ob ai'.iing an act for fupporting o!ic hundred men upon the borders. The fame dilputes revived again in the fpi ing 1695 ; and proceeded to fach lengths, that the aliembly alk- cd the governor's leave to print their minutes, that they might appeal to the public. It was at thisfeliion, on the 12th of Apiil 1695, th-:*.: upon a petition of five ch'irch wardens and veftrymen of 'he city of New-York, the houfe declared it to be their opinion, " That the veltrymen and church- wardens have power to call a diffenting protellant minfter, and that he is to be paid and maintained as the a(ft directs." The intent of this petition was to refute an opinion, which prevailed, that the late miniftry acft was made for the folc benefit of cpifcopal clergymen. Tlie quiet, uudiflurbed llate of the frontiers, while the f F'*ench were endeavouiing to make a peace with the fivena- ' tio-is, and the complaints of many of the volunteers, Avho • hid r.ot received their ]>ay, very much conduced to the back- wardncfs of the aflembly, in anfwering Fletcher's perpetual demands of money. But w hen the Indians refufed to com- ply with the terms of peace demanded by the French go- vernor, whicli were to faffer him to rebuild the fort at Ca- dai aqui, and to include the Indian allies, the w ar broke out nft clh, and the aflembly were obliged to augment both their detachments and fupplies. The count Frontenac now le- velled his w^rath, principally againft the Mohawks, who were more attached, than any other of the five nations, to our iute. ell : but as his intentions had taken air, he pru* den'.ly changed his meafures, and fent a party of three hun- dred men, to the ifthmus at Niagara, to furprife thofe of or N E \V - Y O IR. K. 1©I fche five Tiatjons, tiiat might be hunting there. Among n few that were met Vvith, fome wei-e killed, and others taken prifoners, and aftei-\vards burnt at Montreal. Ci^r Indians imitated the count's example^ and banit ten De^agmigS. captives. Colonel Fletcher and his aflembly ha\'ing come to an open Topture in the ipring, he called another in Jiuie, of which James Graham was chofen Ipeaker. The count Frontenac ^'2LS then repairuig the old foit at Cadaiaqiti ; and the intel- ligence of this, and the king's alfignment of the qi!otas of the feverai colonies, for an united force * againft the Fi ench^ Were the principal matters which the governor laid before the aflembly. The lift of the quotas w as this, Pennfylvania, £ So Rhode ifland ?.nd Providence Mafl*achufetts-Bay^ 350 Plantation, £ 48 Maryland, 160 Connecticut, 120 Virguiia, 340 New-York, 200 As a number of forces were now arrived, the al!enibly were in hopes, the province w^ould be relieved from raifmg any more men for the defence of the frontiers ; and, to obtain this favour of the governor, ordered ^loco. to be levied, one half to be prefented to him, and the reft he had leave to diftribute among the Englilh officers and (oldievs. A bill for this purpoie was drawn ; but though his excellency thank- ed them for tiieir favourable intention, he thought it not for his honour to confcnt to it. After palling feveial laws, tlic feilion broke up in perfect harmony, the governor, in his great grace, recomme iding it to the houfe, to appoint a com- mittee to examine the public accounts againft the next fcf- iions. * As fuch an union appeared to be neceflaiy fo long ago, it is very furpriftng that no cfFecliual fchenic for that pur- pofe has hitherto been carried into full execution. A pkui was concerted, in the great congrefs confiftin^ of commif- (ioners from feverai colonies, met at Albany, m 1 754 ; but what approbation it received athome, has not hitherto been made pablic. The danger to Great Britain, y^'prehended from our united force, is founded in a total ignorai. c of the true ftate and charac^ter of the colonies. None ef his n:ajef- ty's fubj€»^ts are more loyal, or more ftrongly attached to proteftant principles ; and the remarkable aircftari on, in the elegant addrefs of the lords of the 13th of November 1755, in our favour, " That we area great body of brave end faithful fubjecls," is as juHly due to us, as it was nobly iaid by them. O THE HISTORY In September, Fletcher went up to Albany, with very coiilidcrablc prclcnisto tlie Indians ; whom he blamed for fufFcring ihe French to rebuild the fort at Cadaraqui,or Fron- tciiac, which commands the entrance from Canada, into the great lake Ontai io. Wliilethelb works Avere carrying on, the Dionandadics, who were then ])o')rly lu))plied by the French, made over- tures of a peace with the five nations, which the latter readi- ly embraced, bctaufcit was owin^jfio tlieir fears of thefe In- diani, who lived near thelake Milhlimachinac, that ihcy ne* vcr dared to marcii w ith their whole llrength againlt Ca- nada. The French commandant was fully fenlible of the importance of preventing this alliance. The civilities of the Dionandadies to the i>rironers, by whom the treaty, to pre- vent a difcovcry, was iiegociated, gave the oilicer the fiifl: fufpicion of it. Cnc of ihei': w retches had the unhappinefs to fall, into the hands of the French, wlio put bin) to the jnoft exijuifite torments, that all future intercourfe with the Dionandadies might be cut off. Dr.Colden, injuflre- fenrment for tliis inliuman barbarity, has publiflied the whole procefs from la Potiierie's hiflory of North America, and it is this : *^ The prifoner being flrfl made f-ifl: to a flake, fo as to have room to move round it ; a Frenchman bciran the hor- rid tragedy, by broiling the fieili of the priloner's legs, from his toes to his knees, with the red-hot barrel of a gun. His example was followed by an Utawawa, who, being defi- rous to oiudo the French in their refined cruelty, fplit a fur- row from the prifoner's fhoulder to his garter, and filling it with gun-powder, fet fire to it. This gave him exquifite pain, and raifed exceflive laughter in his tormentors. When they found his throat fo much parched, that he was no longer able to grari 'y their ears wicii his howling, they gave him water, to enable him to continue their pleaiiire longer, liut at lad, his ftrejigth failing, an Utawawa fleaed off his fcalp, and threw burning hot coals on his fcull. Tlienthey untied lii:n, and bid him run for his life. He began to run, tumbling like a drunken man. They fhut up the way to the eaft, and made him run weflward, the country, as they thb^k, of departed miferable fouls. He had flill force left ■ to throw flones, till they put an end to his mifery by knocking him on the head. After this every one cut a flite from his body, to conclu Je the tragedy with a feafl." From the time colonel Fletcher received his inflrucflion, refpeifting the q of thefe colonies, for the defence of the frontiers, he repeatedly, but m vain, urged their com- pliance with the king's dire»fucn : he then carried his com- OF N E W - Y O R K. plaints agalnft them home to his majedy, but all liis ap- plications were defeated by the agents of thofe colonies, who relidcdin England. As foon, therefore, as he had laid this matter beforel;he aftenibly, in autumn 1695, the iionfe appointed William Nicol, to go home in the quality of an ngent for this province, for which they allovred him£ icoo. But his folicitations proved unfucccisful. and the inilnic- tion, relating to thefe quotas, which is flill continued, re- mains imnoticed to this day. Fletcher maintained a goad corrcfpondence with the alicmbly, through the reft of his adminiilvation : and nothing appears, upon their jounials, Wonh the reader's attenrion. The French never had a governor, in Canada, fo vigilant and acliivc as the count de Frontenac. lie had no fooner re- paired the old fort, called by his name, than he formed a defign of invading the country of the five nations with a great army. For this purpofe, in 169S, he convened at Montreal, all the regulars, as well as i::iiitia, under his command ; the Owenagungas, Q^uatoghies of Lorctto, Adi- rondacks, Sokakies, Niplciriniens, the profelyted p'.'ayin^ Indians of the five nations, and a few Utawawas. Inflead of waggons and horf,:s^ v/hich are nfelefs in fach a country, as he had to march through, the army was conveyed, through rivers and lakes, in light barks, which are porta- ble, whenever the rapidity of the itream and the crofling an iil:hmii> rendered it neceflary. The count left la Cliii'.c, at the fouth end of the ifland of Montreal, on the 7rh of July. Two battalion., of regula' S, under the command of le Chevalier de Callieres, headed by a number of Indian?, led the van, v/ith two fmall pieces of cannon, the moi tars, ' grenadoes, and ammunition. A^ftcrthem followed the p'-o- • vifions ; then the main body, wich the count's hourchold, '^a confiderable number of volunteers, and the engi- neer ; and four battalions of the militia commanded by ^ monfieur de Ramezai, governor of Trois Fvivieres. Two battalions of regidars and a few Indians, under the ' chevalier de Vaudimeil, brought up the rear. Before the army went a parcel of fcouts, to defcry the tracks and am- ' bufcades of the enemy. After twelve days march, they ar- rived at Cadaraqui, about one hundred and eighty miles from Montreal, and then crofied the lake to Ofv, ego. Fifty men marched on each fide of the Onondaga river, which is narrow and rapid. When they entered the little lake*, the * The Onondaga lake, noted for a good fait pit at the fouth eaft end ; which^ as it may be very advajiitageous la THE HISTORY army divided Liito two parts, coalHng along the edges, tliat the enemy inighL be uncertain as to the place of their land- Wig ; and where they did lantl they crec'ted a fort. The OnondagMS had fcnt away their wives and children, and were deiermiried to defend their caflle, till they were in- fo-, incd by a delerier, of tlie i'uperior (trenglh of the French, and the n.iturc of bombs, which were intended to be ulcd againil them ; and then, afier fetiing fire to their village, they retired into the woods. As foon as the count heard of tliis, he ^larched to their huts in order of battle ; being himfelf carried in an elbow chair, beliind the artillery. With tiiis mighiy apparatus he entered it, and the deftruc- tion of a little huiian com was the great acquifi Jon. A b^avc fachcr.u then abvTut a huiidicd years old, wn> the only pcrfcn who tanied in the cr.ftlc to lah.te the old ge- neral. The French Indians put him to torment, which Ire endured witii aiVoni/Iiing p. cfcncc of mind. To (inc who {labbed him with a knife, you Ir.ul beiter," fays he," make me die by fire, that thcfe French dogs may learn Jiow to {uffer like men : you Indians, their allies, you dogs of dogs, think of me when you are in the like condition*.** This lachcm was ihc only man, of all the Onondagas, that was killed ; and had not thirty-five Oneydoes, who waited to receive Vaudrueil at their callles, l>cen aftei>>ards bafel'y carried into captivity, the count woidd have returned with- out the leaft mark of triiTmph. As foon as he began his re- treat, the (Jnondagas followed, and aimoyed his army by cutting off feveral baueaus. This expenfivc ente -prife, and tlie conthuial incurlioas of the five natlnn.;, on the co..nrry near Montreal, again fprcad a famine through all Canada. The count, however, kept up his fpirits to the lafl ; and fent out fcalping parties, who infefted Albany, as our Indians did Montreal^ till the treaty of peace, figned at Ryfwick, in 1697. Richard, earl of Bellamont, was appointed to fucceed colonel 'Fletcher, in the year 1695; but did not receive his commjfi?on till the T2ih of June, 1697: and as he delayed his voyage till afrer the peace of Ryfwick, which "was figncdthc loth of September following, he was blown off ''ur coaft to Barbadoes, and did not arrive here before the 2d of April, 1698. tlte garrifon at Ofwego, it is hoped the government -will never grant to 3i\y private company. * *' Never perhaps (fays Charlevoix) was a man treated with more cnielty, nor did any e^er bear it with fnperior magnanimity and refolution..'^ O F N E W-Y O R K. Duriag the late war, the feas were extremely mfefted vritii Engliih pirates, fonie of whom failed out of >>ew- York ; and it was ftrongly fufpe^ted that tliey had received too much couHtenancehere,. e^en from the govemnient, du- ring Fletcher's adminiftration. His lordfhip's promotion to tlve chief command of the Mailachnfert's bay and New- Hampilnre, as well as this province, was owing partly © his rank, but principally to the aft'air cf the pirates ; acd the multiplicity of bvfinefs, to which the charge of three colonies would necefiarilj cxpofe him, induced tlie ew. 1 to iM'ing. over with him John Nanfan, hiskinfman, in the c^nsi^ lity of our Heutenant-governor*. When lord Bellamont was appointed to the government of thefe provinces^ the king did him the honour to fay that he thou^J^t him a man of relblution and integrity, and with theie qi aii-ies more liikely than any other he could think of, to put a ftop to the growth of pi lacy." Before the earl fct out for America, he became acquainted "With Robeit Livingfton, elq ; f who was then in Knal^ad, foliciting his own affairs before the council and the treafury. The earl took occafion, in one of his conferences with mr. Livingfton, to mention the Icandal the province was under on account of the pirates. The latter, who confefied it was not without reafon, brought the earl acquainted with one Kid, whom he recommended as a man of integrity and courage, that knew the pirates and their rendezvous, and would undertake to apprehend them, if the king would employ him in agoc i failing frigate of qo guns and 150 men. The earl laid tlie propofal before the king, who eon- fulted the admiralty upon that fubjecl : but this proje and contains a hillory of his life. T H K HISTORY the iiavy. Mr. Livingfton then propofed a private ad%enture agahift the ph-ates, offering to be concerned with Kid, a firth part in tlie fliip and charges, and to be bound lor Kid's faithful execution of the coinniiHion. Tlie king ihe'i ap- proved of the defign, and refcrved a tenth Hiaie, to n-ovT that he -was concerned in the enterpi ife. Lord chancellor Soniers, the duke of Shrcwlbury, the earls of Ronmey and Oxford, fir Kdniond Harrifon ;ind others, joined in ibc fell erne, agreeing to the expenfe of 6000I. Dut the manage- ment of tbe Avhole aff:ur \vas left to lord IJellamont, wlio j^ave orders to Kid to purfue his coniniiffion, which was in common form. Kid failed, from Flymoiuh, for New-York, in April, 1696 ; and afrerwards turned pirate, bunithis fliip, and came to Bofton, where the earl apprehended him. His lordfhip wrote to the fecrctary of ftate, defiring that Kid might be fcnt for. The Rochcfterman of war w asdifparch- cd upon this fcrvice ; but being driven back, a general fu(pi- cion prevailed in England, that all was coliufion between the minillry and the adventurers, who, it was thought, w ere unwilling Kid fhould be bronght home, left he might dif- cover that the chancellor, the duke, and others, were con- federates in the piracy. The matter even proceeded to fucli 'lengths, that a motion \vas made, in the houfe of commons, that all who were concerned in the adventure, might be turned out of their employments ; but it w as rejecfted by a great majority. The tory party, who excited thefe clamours, though they loft their motion in the houfe, aftenivards impeached fe- veral whig lords ; and, among other articles, charged them with being concerned in Kid's piracy. But tliefe profecu- tions fervcd only to brighten the innocency ofthofe, againft '»vhom they were brought; for the impeached lords were honourably acquitted by their peers. Lord Bellamont's commilTion was publiflied in council, on the day of his arrival ; colonel Fletcher, who fllll re- mained governor under the proprietors of Pennfylvania, and lieutenant governor Nanfan, being prefent. The mem^ ]Bers of the council were, Frederick Phllipfe, William NicoU, Stephen Van Cortlandt, Thomas Will et, Nicholas Bayard, William Pinhorne, Gabriel Micn^-ille, Jobn Lawrence. William Smith, After the earl had difpatched captain John Schuyler, and Dellius, the Dutch miniiterof Albany, to Canada, wdth tbe ficcount of the peace; and to folicit a mutual exchange of OF NEW-YORK. 107 prifoners ; he laid before the council the letters from fecre- tary Vernon and the Eaft-India company, relating to the pirates ; informing that board, that he had an affidavit, that Fletcher had permitted them to land their fpoils in this province, and that mr. Nicoll bargahied for their protec- tions, and received for his fervices 800 Spanilh dollars. Nicoll confefled tlie receipt of the money for protec- tions, but faid it was in virtue of a late a(ft of aflembly, al- lowing privateers on their giving fecurity ; but he denied the receipt of any money from kjiown pirates. One Weaver was admitted, at this time, into the council-chamber, and acted in the quality of king's council, and in anfwer to mr. Nicoll, denied that there was anyfuch aA of aflembly as he mentioned. After confidering the whole matter, the council advifed his excellency to fend Fletcher home, but to try Nicoll here, becaufe his eftate would not bear the expenfc of a trial in England. Their advice was never carried into execution, which was probably owing to a want of evidence againfl the parties accufed. It is neverthelefs certain, that the pirates were frequently in the found, and fupplied with proviflons by the inhabitants of Long Hland, who, for many years aftei-\vards, were fo uifatuated with a notion, tliat the pirates buried great quantities of money along the coail, that there is fcarce a point of land, or an ifland without the marks of their aiiri fucra favm. Some credulous people have ruined themfclves by thefe refearches, and propagated a thoufand idle fables, current to this day, among our country farmers. As Fletcher, throu;rh the whole of his adminifl:ration, had been entirely influenced by the enemies of Leifler ; no- tliing could be more agreeable to the numerous adiierents of that unhappy man, than the earl's difaflectionto the late governor. It was for this reafon, they immediately devoted 1 themfelvesto his lordfliip, as the liead of their party. I The majority of the members of the council were Fletch- er's friends ; and there needed nothing more to render them obnoxious to his lordfliip. Lcifler's advocates, at the fame time, mortally hated them ; not only becaufe they had im- brued their hands in the blood of the principal men of their party, but alfo becaufe they had engrofled the fole conii- dence of the late governor, and brought down his rc(ent- ment upon them. Hence, at the commencement of the earl's adminiftration, the members of the council had every thing to fear ; while the party they liad deprefled, be- gan once again to ere(fb its head under the fmiles of a gover- nor, who was fond of their aid, as they were folicitous to I conciliate his favour. Had the earl countenanced the ene- j mies, as well as the friends of Leifler, which he might have *!one, hvs adminiflration ^Yould douutleis have been ealier tof THEHISTOHY tohimfclf aTieiidjng mr. Nicoll from the board of conncU, mid obliging him to enter into a rccognizaBce in 2ooq1. to ajifwer tor hjoi conduci relating to the protections. Bm hii fpeec i to tlic new aliembiy, convened on the i8th of May, ^-ve t'lf fulldt evidence of hb abhorrence of the late ad- jniniltrarion. Piiihp French was chofen fpeaker, and waited upon his excellency with the houfe, when his loi-djhip Ipokc to them in the foilowing manner : ** I cunnot but obfei^e to yon, what a legacy my prede- ceilb'- has Irfi me, and what difficnlties to ftrug^e with ; a divi'JeJ people, an empty pa rfe, a few miferable, naked, half-rtarvci foidiers, not half the number the king allowed payfo'*: the iortificarions and e^en the govcmor's houfe vciy much out of lepair, and, in a word, the v. hole go- Tcnraient out of f-anie. It hatli been reprciented to the go- *tc nmcnrin . ngland, that this province has been a noted recrpacle of pirates, and the trade of it under no leftricJii- tn, bm the acfts of trade violated by tiic negleCt and con- nivance o/ thofe, whofe duty it was to have prevented it." After this introduction, he puts them in r«ind that the reren-ie v»;as near expii-ing. It would be hard, fays lie, if 1 tliat conic among you with an honeft mind, and a refo- la- jon ro be j ift to your intei'eft, fhould meet with grearer cli^cuhies, in the vlifciiarge of his majefty's fervice, tliau tliofe tiiat have gone before me. I will take care there lhail b? no mifjpplication of the public money. I will pocket none of it myfelf, nor fhall there be any embezzlement by tft^iers ; b it exact accounts fliall be given you, when, and as oiien as you lhall require." It wa? cullomary with Fletcher, to be prefent in tlie field, to iriH jence elecftions ; and as tlie ailembly confifted, at this lime, of but nineteen members, they were too eali- ly iriilaeiiced to ferve the private ends of a faf the peace to the governor of Canada, all th.e French pri- oners, in oar cuilody, were reldored, and as 'o thofe among :he Indians, he promifcd to order them to be f^fely elcort- ?d ro Montreal. His lordlhip then added, I doubt not, Ir, that you, on your part, will alfo ifliie an order to i c- leve the fubjecrs of the king, captivated dui ing the war, •viiether chriltians or Indians.'* The count, fearful of bemg drawn into ah implicit ac- viiowledgment, tiiat the five nations were fubjet't to the Luglifh crown, demanded the Frei.ch prifpners, among the Indians, to be brought to Montreal ; threatening, at the fiii'.e time, to continue the war againlt theconftde.a.:es, if V did not comply with his requell. After the earl's in- iew wiLhthem, lie w? otea the French prifoaL-rs OiJuKl be delivered up at Alb my. The rVciich count d/iiitv w'lilc this matier \vd& contro- Tortcd, inonliear Je Ca\lie -«s, his fuccclibr, fcnt anibaUa- do:*s, the next year, to Onoiida/ra, there to regulate ilic cxchau^^e of piirone s, which was acconiplinicd witlxout the earl's cjnfent ; and ihas the iinporiant point, in dil- piite, rcinaiuc I un ctiled. The jefuit liruyxs, who was up- on this embadajre, offered to live at Onondaga ; but tlic In liang rcfafedhis belt, layinjr that Co/lear, or the govcr- nor of New- York, had alrc.icly oftered them niiaiftcrs for their inltruciion. Great alte.ationVwere made in council, at his cxcellency't return from Albany. Ilayard, Mienviclle, Willet, Townly, ajid Lawrence, were all fufpended on the iSth of Septem- ber ; and colonel Abrahaui Depeyftcr, Robert Livingiton, and Samuel Staats, calle d to that board. The next day, Fre- derick Philip!c religned his feat, and Robert Walters wai fworn in his Iteatl. Tile new alleinbly, of which James Graham was chofen fpca]:cr, met in the fp 'ing. His excellency fpoke to them an th^ 2 ill of March, 1699. As the Ute adeinbly was principally compofed of Anti- Leiilc: ians, i'o this confdled, ahnoil entirely, of the oppofitc p u ry. The elections were attended with g. eat outrage and tanitdt, and maiiy applications made, relatincr to there- turns ; but as Abraham Govcnieiir, who had been fecretary to Leiller, got returned for Orange county, and was very acftive in the houfe*, all the petitions were rejected with, oi't ceremony. Among tlic principal at^ts, pafled at this feffion, there was one tor inde iuiifying thofe who were excepted out of tJic general pardon in 1691 another a gainll pirates ; onit for the fettiemcnt of Milborne's edare ; and another to. raife fifteen hundred pounds, as aprefent to his lordfliip, and five hundred pounds for the lieutenant-governor, hii • f The CO int mifunderftood the treaty. Noprovifion was made by it for commifi-iries to fettle the limits between the- KngUfli and F encli poflelSons, but only to examine and de- termine the controverted rights and pretenfions to Hudfon'ir Bay. ^- Mj*, Govern em* married Milborne's widow. Of N E W . Y O R K. Idnfman, Befides which, the revenue was continued for {i:t years longer. A necellary law was alio made for the rei2,ii- lation of elections, cojitaining the fubllance of liiQ Englifii itatutes of 8 Hen. VI. cuap. Vil. and the 7 and 8 Will. III. This aflembly took, alfo, into confideration Hindry ex- travagant grants of land, which ccloncl f Ictciier had made to fcveral of his favourites. Among tiiefe, two giants ro Dellius, the Dutch niiniller, and one to Nicholas Eayaid, were the moft confiderable. Dellius was one of the com- iniHioners for Indian alFairs, and had fradulently obtained the Indian deeds, according to wliichthe patents had b-een granted. One of the grants included all the lands within tweUe miles on the ealt fide of Hudfon's river, and eiitend- ed twenty miles in length, from the no.-th bounds of Sa- raghtoga. The fecond patent, which was grr.nied to iiim in company with Pinhovne, Uancker, and otlici s, contained all the lands, wiihin two miles on each iideof the Mohawks river, and along its banks 10 the extent of fifty miles. Bayard's gi*ant was alfo for lands in that country, and very exiravngant. Lord Belhiniont, who juflly thought theie great patents, with the trifling annual rel'ervatien of a few Ikins, would impede the fettlement of the country, as well as alienate the affections of our Indian allies, wifely pro- cured recommendatory inftruc'tions from the lords jufticcs, for vacacing thofe patents, which was now regularly ac* complifhed by a law, and Dellius thereby fufptndcd frojfil his miniltcrial fundtion. The earl having thus carried all his points at Kewi York, fet out for Bolfon in June, where, after he hud fet- tled his falary, and apprehended the pirate Kidd, he re- turned here agajn in the fall. • The revenue being fettled for lix years, his lordfliip had no occafion to meet tlie aflembly tiii the fummer of the year 1700, and then indeed little elle was done, than to pais a few- laws. One for hanging every popifli prielt tliat can, e volun- tarily into the province, which v.as cccafioned by the great number of French jefuits, who were continually piadtifing upon our Indians. By another, proviiion was made for erect- ing a fort in the country of the Oiiondagas ; but as ihiGwas repealed a few months after the king's presiding for that purpofe, fo the former continues, as it forever ought, in full force to this day. The earl was a man of art r^nd polite manners, and being a mortal enemy to the Frencl;^ as well as a lover of libert^^ ZIf THE HISTORY he would doubrlefi have been of confiderable fervicc to the >- colony ; but lie died here on the 5th of March in 1701, when he was but juft become acquainicd with tlie co-. lony. The earl of nellamont's death was the fource of new troubles ; for Na.ifan, the lieiitenant-go\ernor, beiji^ llicu u^jfent in BarbaJocs, hii;h tiil'putes aiol'e anioijai ty tliat ad- hered to Leiller, iniillcd thai tlie government wus dcvclved upon the council, wiio had a right 10 act by a majority of voices ; but colonel Smith coniemlcd tiiat all the powers of the late governor were devolved » pon him, as pielident, he being the eldcll member of tha:boaid. Colonel Schuyler, and Robert Livingllon, who did not arrive in town till the 2ilt of r.ia cli, joined mr. Smith, iwid refulcd to appear at the council-board, till near the middle of April. '1 he alieiur bly, which was convened on the zd of that monih, were in equal perplexity ; for they adjourned from day to day, "Vvaiting the ifiue of this rupture. Both parties continuing indexible, thofe mend^eis, whooppofed colonel Smith, lent; down to the houfe a reprefentaiion of tlie cor.trovcrfy, alhg;nn|T a nmnber of reafbns for the fitting cf the aliem- bly, which the houfe took into their confideration, and on the i6th of April -elblvcd, that the execinion of the earl's commiflion and inlh uctions, in the abfence of the lieute- nant-governor, was the right of the counril by majority of voices, and not of any i n pie mcndjer of that board ; and this was afterwards the opinion of the lords of trade. The difputes, neverthelefs, continuing in the council, llremtoufly ft'pported by mr. LivingfLon, the houfe, on the 19th of April, thought proper 10 adjourn thcmfelves to the hrft Taefday in June. In this interval, on the 19th of ^lay, John Nanfan, the lieutenant-gove. nor, a Tivcd, ajid fe' tied the controveify, by taking upon himfelf the liip. eme ro:nmand. Upon mr. Nanfan's arrival, v. e had the agreeable news, that the king had given two thoiifand pov.nds fieri ing, for the defence of Albany and Schenecta^ly, as well as five hundred pounds more for erecting a fort in the country of the Onondagas. And not long after an o Hinance wasiliaed, ar^reeable to the fpecial direction of the lords of trade, for jerecfting a court of chancery, to fit the fnfl: Thurfday ii\ jEvery month. By this ordinance the powers of tl;e chjuis OF N E W . Y O R K. 113 sHlor were vefted in the governor r.nd coimcil. or any two of that board : commillions were alio granted, apponitirg mafters, cleiks, and a regilter : fo tlia: this court was ccii4- pletelv orsaiiized on the 2d of September, i 701. Atvv'GOiC "^^^o ^"^^ t^^^" jui' ice of the lupreme court, w as now fworn of the council. Abraham gc Pevfter, and F.obert \\ alters were his alhltants on tlie bench ; and the former was alfo made depnty auditor-genera], under mr. Biaithwait. Samp.on ijheltou Kroiighion was the atioriiey-f eneral, and came into that ofiice vhen Atwot d took hi'slcat on tl.e bench, before the deceai'e cf loi d tiel- lamont. Both thefe had their commiHions frcm Lngland. Tlie lieutenant-governor, and the major part of the boajd of council, toj^ether with the feveral otticeis above named, being itrongly in the intereft of the Leiiletirn pany, it wv-s not a little iiirprilii.fr, that mr. Nanfan diilolvcd vhc late aiiembly on the lit cf June lalt. Great were the hiuggles at the enfuing clec^dcns, wl)ich, however, geriei ally prevailed in ia^our of thcfc who joined Leiller at the revolution ; and hence, when the licw aflem.T bly met on the loth of Au'^ufl lyci, Abraham Governeur was elec^ted for their Ipcaker. Dntchcfs was thought here- tofore incapable of beanng the cha, ge of a repiefentation ; but the people of that county , now animated by the heat of the times, lent Tacob Rutl'en and Adrian Garretfen to re- p.efent them in aiiembly. I Mr. Nanfan, in his fpeecli to the houfe, informs them of the memorable grant made to the crown, on the 19th of julv, by the five nations, of a vait traCt of land, to prevent the'neceiiity of their lubmitting to the French in cafe of a war ; and that his majefty had given out of his exchequer two thcnfand five hundred pounds fie Ihig, for forts, and eight hundred pounds to be laid out in prefentsto the In- dians ; and that he had alio icttlcd a lalary of three hun- dred pounds on a chief juftice, and one hundred and fif .y potmds on the attorney-general, who were both now arrived here. The fire of contention, which had lately appeared in the tumultuous ele(ftions, blazed out afrclli in the houfe. NicoU, the late counfellor, got himfelf elecfted for Suffolk-, and was in hopes of being feared in the chair : bnt Abraham I Governeur was chofen Ipeaker. Several niembevs contended, 1 that he, being an alien, was urq'^alified for that flation. I' To this it was onfwered, that he was in the province in the I year i68q, at the time of pafling an act to naturalize all the II free inhabitants, profeUing the chriflian religion ; and thai; 114 The history for this reafon, the fame objection againtt lilm had beeci'' over-ruled ai rhc lalt allembJy. In ictuni lor tliii attack, (jovcrncur difputed Nicoll s right of htting.is a inembcr of that houi'e ; and fuccccded ui a relblve, that he and mr. Wcficls, wiio had been rcLiuTicd for nlbany, wevc both un- qualified according t(» the late act, they beinc; neither of tncm rcfideiiLS in tiie rcfpective coamies lor v.hicii they "Were chofcn. This occaiioned an imjirudcnt Icccllion of •fevcn members, wiio had joined Uie interclt of nir. Nicoll j •which f^vc their advei ia. itb an opportunity to expel them, and iiui ovl n c otbtis in ilicir Head. Anion^ tiu' ii ft oppolc. s of captain Leillcr, none roore coiifiderablc than uir. Livinglton. The meafurcs of the conveiiTioii at Albany were veiy much directed by his advicc; a.id he was peculiai ly obnoxious to his adverfaries, bccaule he was a man of fcnle and rcfolution, two qualifi- cations ra cly to be found imitetl in one pcrlon at that day. Mr. Livinglton's intimacy wit ii the late eail, had, till thit time, bcoji iiii defence, a^ainil the ra;Te of tin.* pai ry which lie liad fornierly oppofcd : but as that lord was now dead, and un*. Li\ in;yiton'3 conduct in council, in favoui- of colonel Smith, had g-lvcn frcf^i ])rovocalion lo his enemies, they were fully bent upon his deiiruction. It was m execuiion of this fchemc, that as foon as ilic difputed elections weio over, the houfe proceeded to examine the itate of the pub* lie acco inis, which they partly beoan at the late ailcmbiy. The pretence was, thut he rciuled to account for tiie public monies, he liad formerly received out of the cxcilie ; upon which, a committee of both hoMfes advifed the palhng a bill to co.ifi'care his ellate, unlefs he agreed to account by a certain day. liut ir.iiead of this, an act was aftcrsvard* pafled to oblige him to account for a fum amounting to near eighteen thoufand pounds. W iiilc this matter wa» traiifacting, a new complaint was forged, and lie was fum- moned before another committee of bo:li houfes, relating to his procuriiig the five nations to figuify their dcdi e that lie Ihould be lent home ro folicit their affairs. The crimi- nality of this charg*^ cari b ' feen only through the partial optics, with w hich his enemies then Icanned his behaviour, Bef -les, there was no evidence to fuppo. t it, and therefore tlie committee required him I o purge himfelf by his own oath. TvL*. Living-Ion, who was better acquainted with Engliih law and liberty, than to countenance a praated the hopes of the Anli-Leiilerian party, tliat about the coin- meuccmeijt of the year i 70J, Nicholas IJaya d promoted fe--. veial addred'crs lo the ^ing, the parliament, and loid Corn- bary, which we- e fu blc' ibed at aiavern kepi by one Hutch- ins, an alderman of tiie city of New-York. In that to his niajelty, tliey adlire him, That liie late diiTerences wero not groa?ideJ on a rcga.d to his inlcrell:, but the corrupt defigiis of thofe, who laicl hold on an opportunity to en- rich ihemfelvcs by the I'poils of their neighbours." The p tirion to the parliamcwt fays, that Leiiier and his ad- herents gained the fo. t at the revolution without any op- : poficion ; that he onprefil-d and imprifoncd the people', without canfe, plundered them of their goods^ and ' om-* p -died tiic.n r*) liee then* country, though they were well afrc:ift;^d to the prince of Or.mge. That the carl of Bella- mont appointed indigent flieriffs, who returned fach mem. hers to the allembly as were unduly el et'ted, and in his lo'dHiip's ePie^m. That he fjfpended many from the' boa -d of council, who were faithful fervants to the crown,- inLroducing his own tools in their (lead. Nay they denied the authority of the late adembly, and added, that the houfl? had bribed both the lieuren.int-govcrnor and the' chief j allice ; the one to pafs their bills, and the other to- defend tlie legality of their proceedings. A third addreft was prepared, to be p -efentcd to lo^d Conibury, to congra-- tulate his arrival, as well to prepoflcfi him in their favour, as to prejadlc? hiinagainft the oppoflte party. Nothing could have a more natural tendency to excirethe wrath of the lieutenant governor, and the reyengeofthe council and a^embly, than the reflexions containetl in thofc feveral addrefles. Nan fan had no fooner received intelligence of them^ than he fuminoned llatchins to deliver them up to OF NEW - YORK. him, and upon his refufal committed him to jail, ©a the i^th of January. The. next day Nicholas Bayard, Rip Van Dam, Philip French, and Thomas Wenham, hot with party zeal, fent an impnident addrefs to the lieute- nant-governor, boldly juftitying the legality of the ad- drefs, and demanding his discharge out of cullody.. I have before taken notice, that upon Sloughter's arrival in 1691, an ac^ was pafled, to recognize the right of king William and queen Mary to the fovereignty of this province. At the end of that law, a claufe was added in thefe words, " That whatfoever perfon orperfons fliall by any manner of ways, or upon any pretence whatfoever, endeavour by force of arms or otherwile, to difturb the peace, good, and quiet of their majelties' government, as it is now Citablilhed, fhall be deemed and elleemed as rebels and traitors unto their niajefties, and incur the pains, penalties, and forfeitures, as the laws of England have for fuch offences made and pro- vided." Under pretext of this law, which Bayard himfelf had been perfonally concerned in enac^ting, mr. Nanfan if- fued a warrant for committmg him to jail as a traitor, on the 2 1 ft of January ; and leil the mob fhould interpofe, a company of foldiers for a week after, coiiftantly guarded the prifon. Through the uncertainty of the time of lord Cornbury's arrival, mr. Nanfan chofe to bring the prifoner to his trial, as foon as poflible ; and for that purpofe iflued a commiffion of oyer and terminer, on the I2tli of February, to William Atwood, the chief juftice, and Abraham De Peyfter and Robert Walters, who were the puiihe judges of the fu- preme court ; and not long after Bayard was arraigned, indidled, tried, and convicted of high treafbn. Several -reafons were afterwards offered in arreft of judgment ; but »as the prifoner was unfortunately in the hands of an enraged party, Atwood over-ruled what was offered, and condemned him to death on the i6th of March. As the procefs of his trial has been long fnice printed in the ftate trials at large, I leave the reader to his own remarks upon ithe conducft of the judges, who are generally accufed of par- tiality. Bayard applied to mr. Nanfan for a reprieve, till hia majefty's pleafure might be kno\vn ; and obtained it, not without great difliculty, nor till after a feeming confeflion of guilt was extorted. Hutchins, who was alfo convicfted, v»^as bailed upon the payment of forty pieces of eight to thefheriff: but Bayard, wno refufed to procure him the gift of a farm, of about fifteen hundred pounds value, was not releafed from hi iconfiuement, till after the arrival of n8 T H E H I S T O R Y lord Cornbury, who not only gave his confent to an a(?l for reverfing the late attainders, but procured the queen's con- firmation of it, upon their giving Iccurity, according to the advice of fir Kdward Northcy, not to bring any fuits againft thofe who were conccnicd in their profecution ; which the attorney-general thought proper, as the a(ft ordained all the proceedings to be ol)l iterated. After thelc trials, Nanfim erected a court of exchequer, and again convened the aflcnibly, who thanked him for his late mealiircs, and palicd an ac't to out law Philip French, and Thomas Wenham, Avho abfcondcil upon Bayard's com- mitment ; another to augment the number of reprefcnta. tives, and levcral otlicrs, which were, all but one, after- wards repealed by queen Anne. During this felfion, lord Cornbury being dnily expec^ted, the lieutenant-governor fni'pended mr. Livinnfton from his feat in council, and thus continued to abet Lciller's party, to the end of his admini- Itralion. Lord Conibury's arrival quite opened a new fcene. His father, the earl of Clarendon, adlicrcd to the caufe of the lare abdicated king, and always refufed the oaths both to king William and queen Anne. But the fon recommended himfclf at the revolution, by apjjcaring very early for the prince of Orange, being one of tlic firiS. olficers that defert- cd king James's army. King William, in gratitude for his jcrviccs, gave him a commiilion for this government, which, upon the death of the kin^, was renewed by queen Anne, w lio at the fame time, appomted him to the chief command of New- Tericy, the government of which the proprietors liad lately furrendered into her hands. As lord Conibury came to this province, in very indigent circumftances, hunt- ed out of England by a holl of hungry creditors, he was benr upon getting as much money, as he could fqueeze out of the purles of an impoverifhed people. His talents were, perhaps, not fupcrior to the moft inconfiderable of his predeceflors ; buc in his zeal for the church he was fnrpafled by none. With thefe bright qualifications he began his ad- miniftration on the 3d of May, 1702, allifted by a council confifting of the followmg members : W^illiamAtwood, Thomas Weaver, William Smith, Sampfon Shelton Broughton, Peter Schuyler, Wolfgang William Romar, Abraham de Peyfler, W^illiam Lawrence, Samuel Staats, Gerard us Beekman, Robert Walters, Rip Van Dam. His lordlliip, without the leaft difguife, efpouj£ng the O F N E W-Y O R K. . Aiiti-Lciflerlaii faction, Af^voocl, the chief jiiftice, and Weaver, who acled in quality of folicitor- general, thought proper to retire from his frowns to \'irginia, whence they failed to England : the former concealing himfclf under the name of Jones, while the latter called himfelf Jackfon. I Golonel Heathcotc and doctor Bridges fucceeded in their places at the council board. The following fummer was remarkable for an uncommon 'mortality, which prevailed in the city of New- York, and makes a grand epoch amon^ our inhabitants, diftinguiflied by the time of the great hcknefs*." On this occalion lord Cornbury had his refidcnce and court at Jamaica, a plea- fant village on Long-Ifland, diftant about tsvelve miles from the city. The inhabitants of Jamaica confifted, at that time, partly , of onginal Dutch planters, but moftly of New-England emigrants, encoui-aged to fettle there, after the farrender, by the duke of York's conditions for plantations, one of 1 which was in thefe words : " That every townfliip fliould be obliged to pay their own minifters, according to fuch agreements as they fhould make with him ; the miniller . being elected by the major part of the houfeholders and in- habitants of the town." Tliefe people had crecfted an cdi- . fice for the worfhip of God, and enjoyed a handfome dona- i tion of a parfonage-houfe and glebe, for the ufe of their mi- ! nifter. After the miniftry act was palled, by colonel Fletcher, ^ in 1693, a few epifcopalians crept mto the tow n, andview- ^ ed the prclhyterian church with a jealous eye. The town [ vote, in virtue of wh> :h the building had been creCted , con- L tained no claufe to prevent its being hereafter engrollcd by I any other fec^t. The epifcopal party, who knew this, form- . ed a defi^i of fcizing the edifice for themfelvcs, wliich they , fhortly after carried into execution, by entering the church between the morning and evening fei-^^ice, while the pref- ^ byterian minifler and his congi'egation were in \)cvfe6t fecurity, iinfufpicious of the zeal of their advcrfaries, and a fraudulent ejeclment, on a day confecrated to lacred reft. Great outrage enfued among the people ; for the conten- tion, being pro aris & fccis, was animating and important. Tlie original proprietors of the houfe tore up their feats. * The fever killed almoft every patient feized with it, and was brought here in a vefTel from St. Thomas in the W.eil Indies, atn ill^nd remarkable for contagious difeafcs. 120 THE HISTORY and afterwards got the key and the pollelTion of the church, nvhich were Ihortly after again taken from them by force and violence. In thefe controverfies the governor abetted theepifcopal zeah)is^ and han aHcd the others by numberleli profecutions, heavy fines, and \ong imprifonmcnts ; thro* fear of which, many, who had been active in the difpute, fled out of the province. Lord Combury's noble defcciit and education Ihould have prevented him from taking part in fo ifrnominious a quarrel : but his lordfliip's fenfe of ho- nour and juftice was as weak and indelicate, as his bigotry Was rampant and inicontroulable ; and hence we finuhini guilty of an act complicated of a number of vices, w hich no man could have perpetrated without violence to the very ilightefl remains ofgenerofity and juitite. When his ex- cellency retired to Jamaica, onellubbard, the prefl^yterian ininiller, lived in the beft houfe in the town. His lordlhip begged the loan of i: for the ufeof hisown family; andthc clergyman put himlclf to no fmall inconvenience to fa- vour the governo: 'srequeft : but in return for the generous benefaction, his lordfliip perfidioully delivered ihcparfon- agc-houfe into the hands of the epifcopal party, and encou- raged one Cardwcl, the flieriff, a mean fellow, who after- Avards put an end to hisown life, to fcize upon the glebe, which hefurveyed into lots, and fanned for the benefit of the epifcopal clmrch. Thcfe tyrannical mcafuics jiillly in- flamed the indignation of the injured fufferers, and that again the more embittered his lordfhip againlt them. They refented, and he profecuted : nor did he confine his pious rage to the people of Jamaica. He detefted all who were of the fame denomination ; nay, averfe to every fevft except his own, he infilled that neither the minillers nor fchool- maflers of the Dutch, the molt numerous perfuaiionin the province, had a right to preach or inftrud: without his gu- bernatorial licence ; and fome of them tamely fubmitted to his authoritative rule. A general accoimt of his lordfliip's fin- gular zeal, is p; cferved under the title of the Watch Tower, m a number of papers publifhed in the New-York Weekly Mercury, fo - the year 1755. While his excellency was exerting his bigotry, during the fummer feafon, at Jamaica ; the elections were carrying on, with great heat, for an aflembly, which met him, at that village, in the fall. It confiftedpiincipally of the party which had been borne down by the earl of Bellamont and his kinfinan ; and hence we find Philip French, who had lately been out-lawed, was returned a reprefentative for New. York, and William NicoU elecfted into the fpcaker's OF NEW - YORK. 121' chair. Several extracts from my lord's fpeechare proper to be laid before the reader, as a fpecimen of his temper and defigns. " It was an extreme fiirprile to me (fays his lord - fliip) to find this province, at my landing at New-York, in fuch a convulfion as muft have unavoidably occafioned its ruin, if it had been fuffered to go on a little longer. The many complaints that were brought to me, againit the per- fons I found here in power, fufiiciently proved agauift them — and the miferable accounts I had of the condition of our frontiers — made me think it convenient to delay my meeting you hi general allembly, till I could inform myfelf, in fome meafare, of the condition of this p. ovince, thai I might be able to olfer to your confideration, fome few of rhofe things, which will be nccelTary to be done forthwitii, for the de- fence of the country." He then recommends their fortifying the portofXew- York, and the frontiers ; adding, that he found raefoldiers I naked and unarmed : after which he propofes a militia bill, I the erecliion of public fchools, and an examination of the i provincial debts and accounts ; and not only promifes to jmake a faithful application of the monies to be raifed, but that he would render tbem an account. The whole fpeech is fweetened with this gracious conclufion : Now,- gentlemen, I have no more to trouble you with, bur to af- fure you, in the name of the great queen of England, my miftrefs, that you may fafcly depend upon all the protec- tion that good and faithful fubjects can defire or expecl:, from a fovereign wbofe greatcft dcliglit is the welfare of her people, under whofe aufpicious reign we are fure to enjoy what no nation in the world dares claim but the fub- jecls of England ; L mean, the free enjoyment of the beft religion in the world, the fu!l pofleflion of all lawfiil liber- ty, and the undifturbed enjoyment of our freeholds and I properties. Thefe are fome of the many benefits which I ! take the inhabitants of this province to be well entitled to by the laws of England ; and I am glad of this opportunity [ to aflure you, that as long as I have the honour to ferv^e the ' queen in the government of this province, thofe laws fhall j be put in execution, according to the intent with which they were made ; that is, for the prefervation and p' ote<5li- on of the people, and not for their oppreffion. I heartily re- joice to fee, that the free choice of the people has falleu upon gentlemen, whofe conftant fidelity to the cro^A^l, and J unwearied application to the good of tlicir country, is ffi vuiiverfdlly known." 122 THE HISTORY The hmife echoed back an addrefs of high compliment to hislordfhin, declaring, "I'hat l^eing deeply Icnliblc of the mifcry ami calamity tlie country lay under at his arrival, they were not fufficiently able to exprds the fatisfaciion they had, both in their relief and their tleliverer." Wellpleafed with a governor who headed their party, the afleiiibly granted him all his requeib ; eighteen hun- dred pounds were raifed for the fujjport of one hundred and eighty men, to defend die front iei-s, befides iwo thou- fand pounds more, as a prefent, towards defraying the cx- ^enfes of his voyage. The queen, by her letter of the 2cih of April, in the next year, forbid any luch donations for the future. It is obiervuble, tliat though the county of Duchefs had no reprefeiitatives at this ailcmbly, yet fuch ■was then the knoNvn indigence of that now populous and flourjfhing county, that but eighteen pounds were appor- tioned for their quota of thcfe levies. Belidcsthe acts above-mentioned, the hocfe brought up a militia bill, and continued the revenue to the ilk of May, 1709 ; anvl a law pafied to cllabliili a gram mar- fchool, ac- cording to his lordihip's recommendation. Befides the great liarmonj that I'ubfilled between the govenior and his al- fembly, there was nothing remarkable, except two re- folvcs againil the court of chancery erected by mr. Nanfan, occafioned by a petition of feveral difappointed liiitors, who were dilpleafed w ith a decree. The refolutions were in thefe w ords : " That the fetting up a court of equity in this colony, without confejit of general allembly, is an in- novation w ithout any former precedent, inconvenient and concrai-y to the Knglilh law." And again: That the court of chancery, as lately eretfted, and managed here, was and is unw arrantable, a great oppreflion to the fubjec't, ^ of pernicious example and confequence ; that all proceed- j ings, orders, and clecrees in the fame, are, and of rightl ought to be, declared null and void ; and that a bill bcj brought in, accordmg to thefe two refolutions," which wall done : but though his lordfhip was by no means diiinclined to fix contempt on Nanfan's adminiltration, yet, as tliis bill would diminilh his own power, himfelf being the chancel- Jc, tlie matter was never moved farther, than to the order for tlie engroflliient of the bill upon the fecond reading. Though a war was proclaimed by England on the 4th of May, 1 702, againfl France and Spain, yet as the five nations had entered into a treaty of neutrality with the French In CJinada, tliis province, imlead of being harrafled on its OF N E W - Y O R K. 123 borders by the enemy, carried on a trade very advantage- ous to all thofe who were concerned in it. The governor, however, continued his folicitations for money, with unre- mitted importunity, and by alarming the allembly, which met in April 1703, with his cxpec'tation of an attack by fea, fifteen hundred pounds were raifed, under pretence of cretfting two batteries at the Narrows, which, inftead of being employed for that ufe, his lordfhip, notwitliftanding the province had expended twenty- two thoufand pounds during the late peace, was pleafedto appropriate to his pri- vate advantage. But let us do him the juftice to confefs, that wliile he was robbing the public, he at the fame time confented to fcveral other laws for the emolument of the clergy. Whether it was owing to the extraordinary fagacity of the houfe, or their prefumption that his lordftiip was as lit- tle to be trufted as any of his predeceflbrs, that, after voting the above fum for the batteries, they added, that it ftiould be " for no other ufe whatfoever," I leave the reader to determine. It is certain they now began to fee the danger of throwing the public money into the hands of a receiver- general, appointed by the crown, from whence the gover- nor, by his \7arrants, might draw it at his pleafure. To this caufe we muft aflign it, that in an addrcfs to his lord- Ihip, on the 19th of June, 1703, they delire and infill, that fome proper and fufficicnt pcrlbn might be commif- fioned treafurcr, for the receiving and paying fuch monies now intended to be raifed for the public ufe, as a means to • obltrudt mifapplications for the future," Another addrefs \ was fent home to the queen, complaining of the ill Itate \] of the revenue, through the fi auds which had formerly ; been committed, the better to facilitate the important de- • lignof having a treafurer dependent on the afiembly. The fuccefs of thefe meafurcs will appear in the fequel. Tho' our frontiers enjoyed the profoundeft tranquillity all the next winter, and we liad expended thirteen hundred pounds, in fuppovting one hundred fazileers about Albany, bcfides the four independent companies in the pay of the < crown, yet his excellency demanded provifions for one hun- f dred and fifty men, at the next meeting of the aflenibly, in } April, 1704. The houfe having reafbn to fufpecl, that the I feveral fums of eighteen and thirteen hundred pounds, lately \ raifed for the pulilic fervice, hnd been prodigally expend- j e l or embezzled, prudently declined any farther aids, till 6 they were fatis tied that no mifapplication had been made, i For this piirpofe they appohited a committee, who reported I I "4 THE HISTORY ^hat there was a balance of near a thoiifand pounds due the colony. His lordlliip, Avholind hitherto liecu treated with great coinplailiincc, took offence at this paiiiinoiiious llruiiny, and ordered the alicmbly to attend him ; when af- tcr the example of Fletcher, wliom, abating that man's fu- pc ior activity, his lordihip motUy rc(embled, he made an aju^ry fpcech, in which he charge* them with innovatioiui never attcinpiedby iheir i)redeceil()rs, and hopes they would aiot force hiin to exert certain po\vcrs" velted in him by tiie qliili epi'copalians ; and a ilill fmalier number of P^ng- lifhand Irifh prclbyicrians ; who, haying neither a miniller nor a church, ufed to aflcMnble thcmfelvcs, every Sunday, at a private iioule, for the worfhip of God. Such were their circuniitiinces, when Francis M'Kemie and John Hampton, two pre'bytcrian minlflers, arrived liere in (anuary, 1707. As foon as lord C ornbury, who hated the whole pcrfuafion, hearvl thar the Dutch had confcntcd to M'Kenne's preach- ing in their church, he arbitrardy forbid it ; fo that tlie p'jblic worfnip, on the next fabbath, was pei fc»med, with open doors, at a private houfe. Mr. Hampton preaclied, the fame day, at the prelbyterian church in New- Town, diiL:int a lev/ miles frosn tlie city. At that village both thefe niinidcrs were two or three days after apprehended, by Cardwel, thefhcriif, puvfuant to \ih lordfidp's warrant, for preaching without his licence. From hence they were led in triuiuph a circuit of feveral miles through Jamaica to New-York. They appeared before his lordfaij> with an un- dainited courage, and had a conference with him, in v. hich it is diflicalc to deiermine, whether my lord excelled in the character of a fivage bigot, or an ill-mannerly tyrant. The; miniiters were no lawyers, or they would not have founded rlieir juftification o;i the fuppofed extent of the Engiifli act of toleration. They knev/ not that the ecclefi- aftical ftatntes had no relation to this colony ; and that its religions ilatc confillcd in a perfect parity between protef- tanLS of all denominations. They erroneoufly fuppofed, that all the penal laws extended to this province, and relied, for their defence, 'on the toleratioji, ofFe^'iiig tefiimonials of their having complied with the ac^t of pariiament in Virgi- nia and Maryland, and promifed to certify ihc hovfe, in which IvrKcmie had preaclied, to t iie next feflions. Flislord- OF N E W - Y O R K. Chip's difcourfe with them was the more ricliculoiis, hecaufe lie liad iiickley, the attorney-general, toaliift him. Agaiiift the extenfion of the ftatute, they infifted, that the penal laws were limited to England, and fb aifo the tolera.tioii»acl, becaufe the fole intent of it was to take away the perialties fonnerly ellabliihed. But grant the polition, and the con- feqiience they drew from it, argues that my lord and mr. at- torney were either very weak, or uiflnenccd by evil defigns. If the penal laws did not extend to the jilaniations, then the prifoncrs were innocent ; for where there is no law, there can be no tranfgrefiion ; but according to thefe in- comparable lagcs, if the penal laws and the toleration were rellriclei to the realm of England, as ihey contended, then the poor clergymen, for preaching without ius licence, were guilty of a hemous crime, againlt his private, unpub- lifhed inltruc^tions ; and for this caufe he ii'iiied an informal precept to the fherift' of New-York, for their commitment to jail, till farther orders. They continued in confinement, through the abfence ofMompefibn, the chief juilice, who was in Ncw-Jerfey, fix weeks and four days ; but were then brought before hiui, by writ of hab<:as corpus. Mom- pellbn being a man of learning in his profefaon, and his lordihip now appriled of the illegality of his lirlt wairant, ilfued another, on the very day of the tei\ of tlic writ, in which he virtually contradicts what he had before infilled •on, at his conference with the prifonei-s. For according to .this, they were imp;i(bned lor preaching without being qualified as the toleration act required, though ihcy had of- fered themfelves to the felfions (Unint'; tlieir im])riibnme2it. They were then bailed to the next fiipreme court, which began a few days after. Great pains were taken to fecure a grand jury for the purpofe, and among thofe who fovaud the indictment, to their fhame be it remembered, vv ci e fsveral Dutch and French proteftants. Mr. M'Kemie returned to New-York, from Virgh-jia, in June ; and was now come to his trial on the indiclment found at the lafl court. As to mr. Hampton, he wr.s dilcharg- ed, no evidence being oifered to the grand jury agahilHiim. Bickley, the attorney general, managed the j^jrofecution ill the nam 3 of the queen ; Reignere, NicoU, and Jamif^ni appeared for the defendant. The trial was held on the 6th of June, and being a caufe of great expecftation, a nn- merous audience attended. Roger Mompefibn f^t ou the bench as chief juftice, with Robert Mil ward and Thomas Wenham, for his afiiftants. The indicftment was, in fub- ftance, that Francis MsKemie) pretcndmg hin.fcirto be a t T2S T H E H I S T O R Y protcftaiit diiTenting minilter, contemning and endeavour* ingtofubvert the queen's e'cclefiallical lapieinacy, unlaw, fully preached wLhout the governor's licence firll ob- tained, in (Icrot^ation oftiieroval authority and preroga- tive : tliat he uled other rites and cei enionies, tlian thole con- tained in the coinmon-praycr book. And laRly, that being Uiuj ralitied by law to preach, he neveriiielels did preach at an illcr,al convciuicle : and both thcic lalt charges were laid ro be contrary to the t'onn of the Knglifli llatutes. h'or it (eciiis that mr. attorney was now of opinion, tliat ilie penal laws did exicndto tiie American jdiintations, thon;;h liis lt:n iments were the very revcrfe at tlic firlt debate he - fore h's excellency : but Bickley \u;s rather remarkable lor a voluble tongue, than a penetrating head, or niucii learning. To liipport this profecution, he endeavoured lo piove the (jueen's ecciefialHcal fupremacy in the colonic , and that it was delegated to lier noble coulin, the governor ; and iience he was of opinion, that his lordiliip's inilructi- ons relating to ciiurch nratters, had the force of a law. He, in the next place, contended for tlie extenfion of the lla- tutes of unifor nity, and, upon the wiiole, was plealed to fay, that he d: I not doubt the jury would find a - erdict lor the queen. Reigiiere, for the defendant, infilled, that preaching was no crime by the connnon law ; ihtit the (la- tutes of uniformity, and tiic act of toleration diil not ex- tend here ; and that the governor's inftruciions were not laws. NicoU I'poke to the lame purpofe, and fb did David Jamilbn, but M'Keinie concluded tlie whole defence in a fpeech, which fetshis capacity in a very advantageous light. Tiie reader may fee it in the narrative of tliis trial, which was fn 11 published at the time, and fuice reprinted at New- York in the year 1755. The chief jiiliice, in his charge, ad- viled a fpecial verdict, but the jury found no difficulty to acquit tlie defendant, vrlio, tin ough the fhamer'ul parti- ality of rhe court, was not difcharged from his recogni- zance, rill they had illegally extorted all the fees of his profecution, w hich, together w i'h his cxpcnfes, amoiuited to eighty -three pounds feven fhillings and fix pence. Lord Cornbury was now daily loling the favonr of the people. The friends of Leifler liad him in the ntmoft abhor- rence from the beginning ; and bcuig all fpies npon his conducit, it w as impoflible for his lordfnip to commit the fmalleft criiv.e unnoticed. His perfecution of the prefby- terians very early increafcd the number of his enemies. The Dutch, too, w-e re fearful of his religious rage againfl then;, as he diijjuted their right to call and fettle minifter^^ OF N E W - Y O R K. #r even fchoolmafteis, without his fpecial licence. His ex- ceilive avarice, his embezzlement of the public money, uijd his fordid refalal to pay his private debts, bore lb heavily upon his reputation, that it was impoliible for his adherents, eicher to fupporc him, or themlelves, againft the general oppolition. buch being the temper of the people, his lord- ihi-p did not fiicceed according to lus wiflies in the )iew af- fembly, which met on the 19th of i\iiguil:, 170S. I he mem- bers were all againfl him, and William NicoU was again chofen fpeaker. Among the leveral things recommended to their confider- aticn, the affair of the revenue, which was to expire in May following, and the propriety of making prelents to tlie In- dians, were the chief. The houle were not inlenhble of the importance cfthe Indian inter eft, and of the infinite aris of the French to feduce them from our alliance : but fiifpi- cious that his iordfhip, who heretoicre had given himleif little concern about that matter, as feeking a frelh oppor- tunity to defraud the public, they defiied him to give iht-m a lift of the articles of Avhich the prefeiits were to confift, together with an eftimatc of the charge, before they v. ould provide for that donation. With refpeCt to the revenue, his lordfliip was not fb fuc- cefsful, for the aftembly refolurely refuled to continue it i tho' they confe. ted to an ad; to difcharge him from a con-^ traci of 250I. and upwards, which he had made with one Hanfon for the public fervice. Thomas Byerly was at that i time, collector and receiver-general ; and by pretending j that the treafury was exhaufted, the debts of the govei n- I nient were unpaid. Tliis ^ave rife to many petitions to the allcmbly to make provilion for their difcharge. Colonel tkhuyler, who had expended large fums on the public cre- dit, was among the piincipal fufferers, and joined with fe^ veral others in an application to the hoiife, that Byerly might be compelled to account. Thedifputes, relating to this mar- • ter, took up a confiderable part of the fefticn, and were litigated with great heat. Upon the whole, an adl waspailcd for lefunding 700I. which had been mifapplied. The refolutions of the committee of giievanres, approvecl by the houfc, ihow the general objeifiions of the people to his lordfliip's adminiftration. Thcfe were made at tlie be. ginning ofthe feflion; and yet we find this haughty lord fubdued by the oppofition againft him, and fo difpirited thro' indigence, and the inceilant folicirations of bis cretli» tors, that he not only omitted to juftify himfelf, but tofeow even an impotent refentment. For after all the cenfures of THE HISTORY the honfe, he tamely thanked them, for paflTing tlie Mil to dKcIi.i'-ge him from a fmnlldcln, which they could not, in jullice, have rcfufed. The refoliirions were in thcfc words : Refolved, That it is the opinion ofthis committee, that the appointing coroner's in this colony, witliout their hcinfr chosen by the people, is a gncvaiice, and contrary lo law*. Refolved, That it is, and always has been, the nn- qiieftionahle rin;ht of every freeman in this colony, that he hatli a perfect and entire property in his goods and cf- tate. " Refolved, That the impoHn^ and levyinj:^ of any mo- nies upon lier majclty's fubjccts of this colo?iy, under any pretence or colonr whatl'oever, witlioiit conlent in <>,encral adembly^ is a grievance, and a violation of the people's pro- perty. Refolved, That for any officer whatfoever, to extort from the people, cxtravac;ant and uidimited fees, or any money whatfoever, not pofnively cftahlilhed and rcgnlated by coufent in general allcnd^ly, is iinrcafonahle and unlaw- ful, a ours, by the . teiuler indulgence of the government, has extremely drain- .- ed and exhaulted us both of people and Uock ; whilll a dif- . ferent treatment, the wrong methods too long taken, and * fevcrities practifed here, have averted and tlcterred the uiiial part of mankind from fettling and coming hitherto." * Towardj the clofe, they aflure him, " That as the begin- | niug of his government gave them a delightful profpect of ' tranquillity, io they were come with minds prepared to con- ' fnlt the good of the coimtry and liis fatisfaction." The principal nuittcr, which engaged the attention of tbe afl°mbly, was the aflair of the revenue. Lord Cornbury'», conduct had rendered them utterly averfe to a permanent fupport for the future ; and yet they were nnwillirg to ] quarrel with the new governor. They however, at lait, a- -j greed on the 5th of May, to raife 250CI. to defray the, charges of the govcrnmeat to the ill of May enfuing ; 1 6col. of which was voted to his excellency, and the remai:iintt> funis tov. ards a fupply of firewood and candles to the revcrj; forts in >,'c\v-York, Albany, and Schenectady ; and for pay- ment of fmall filaries to the printer, clerk of the ccuncil, 1 and Indian interpreter. \ This new projeiit of providing, annually, for the fupport , of government, was contrived to pi'cvcnt the mifchiefs, to- which the long revenues had formerly expo fed us. But as it rendered the governor, and all the other fervant^ of the crown dependent upon the allenibly, a rnpture, l>etweeTi O F N E W-Y O R K. 135 the feveral branches of the legiflatiire, would doubtlefs have enfued : but the ver^' day, in which the vote palled the houfe, his lordfhip died of a difoi der contratfted in ci offing the ferry at Ids fiiii: an ival in tlie city of New-York. His lady continued here, long after his deaths foliciting for the fum voted to herhufband ; but though the queen interpofed/ by a letter, in her behalf, nothing was allowed till feveral yeais afterwards. S THE HISTORY OF NEW-YORK; PART IV. From the Canada expedition in 1709, to the arrival of governor Burnet, LORD Lovelace being dead, the chief command devolv- ed upon Richard Ingolfby, the lieutenant-govenior, the fame who had exercifed the government fevered years before, upon the deceafe of colonel Sloughter. His iiiort ad- miniftration is remarkable, not for his extraordinary talents, for he was a heavy man, but for a fecond fruitleis attempt againil Canada. Colonel Vetch, who had been, feveral years before, at Quebec, and founded the nver of St. Lawrence, was the firft projector of this enterprife. The miniftry ap- proved of it, and Vetch arrived in Bofton, and prevailed upon the New-England colonies to join in the fcheme. After that, he came to New-York, and concerted the plan of o- perations with Francis Nicholfon, formerly our lieutenant- governor, who, at the requeft of Ingolfby, the council, the aflembly, Gurdon Saltonftal, the governor of Connecticut, and Charles Gookin, lieutenant governor of Pennfylvania, accepted the chief command of the provincial forces, in- tended to penetrate into Canada, by the way of lake Cham- plain. Impoveriflied as we were, the aflembly joined heartily in the enterpiife. It was at this jundture, our fiift act for ifTuingbills of credit was palled ; an expedient without which coujd not have contribdtea to the expedition, the trea- 136 THE HISTORY fury being then totally exhaufted. Univerfal joy how bright- ened every man's countenujice, bccaufe all expected llie complete reduction of Canada, befoie tlie enfuing iall. hig ^vith the pleafing j)rorpedt of an event, wliich would put a period 10 all the ravages of an encroaching, nlercile^s enemy, extend the Britifh empire, and augment our tnide, we exerted ourfirlves to the utmoll, for the fuccefs of the expedition. As foon as the defigii wa.s made known to the houfe, twenty fliip and houfe carpenters were imprellcd into the fcrvice for building batteaus. Commiffioners alfo were appointed to purcbal'e provifions and other ncceflii- ries, and empowered to break open houfes for that nurpofe, and to imprefs men, vellels, horfes, and waggons, for traiif- : i sorting the florcs. Four hundred ^nd eiglity I'evcn men, ; )cfides~ the independent companicfi, were raifed and dif- ■ patched to Albiuiv, by the 27th of June ; from whence they advanced, wi»h the main body, to the Wood Creek. Three fom were built there, befides many block-aonfcs and ftoref for the provifions, which were tranfported with great dif- patch. The province of New-York (all things conhdered) has the merit of having contributed jnore than any of her neighbours towards this expedition. Tcnnfylvania gave no kind of aid ; and Ncw-Jerley w;is only at the expcnfe of 3cocl. One hundred batteaus, as many birch canoes, and two of the forts, were built entirely, and the other fort, for the moft part, at the charge of this government. All the provifions and ftores for the army, were tranfported at our expcnfe ; and befides our quota of volunteers and the iii- dej^eiidcnt companies, we procured and maintained fix huTidred Indians, and victualled a thoufand of their wives and children at Albany, during the campaign. Having thus put ourfelves to the expenfe of above twenty Ihoufand pounds towards tliis enterprife, the delay of the arrival of the fleet fpread a general dilconient through the country ; and early in the fall, the aflembly addrefled the lieutenant-governor, to recall our forces from the camp. Vetch and Nicholfon foon after broke up the campaign, and retired to New-Port in Rhodc-Ifland, where there was a congrefs of governors. Ingolfby, w ho was invited to it, did not appear, in compliance with the inclination of the aflembly, who, incenfed at the public difappointment, har- boured great jealoufies of all the firll promoters of the dc- fltm y\s Toon, therefore, as lord Sunderland's letters, which arrived here on the 21ft: of October, were laid before the lioiUe, they relblved to fend an addrefs to the queen, to lay before her a true account of the manner, in which this pr«7 v;nce exerted itlelf in the late undertaking. OF NEW- YORK. 137 Had this expedition been vigor oufly carried on, doubt- lc& it would have fucceeded. The public aftairs at home were conducfted by a -wiCe miniftiy. The allied army tri- ximphed in repeated fuccelles in Flanders ; and the court of France was in no condition to give alliflancc to fo diltant a colony as Canada. The Indians of the five nations were engaged, through the indefatigable felicitations of colonel Schuyler, to join hearrily m the attempt : and the eaitern colonies had nothing to feav from the Ouweiiagunoas ; be- caufe thofe Indians had, a litile bel^ore, conclv.ded a peace with the confederates. In America, every thing was ripe for the attack. At home, lord Sunderland, the fecretary of ftate, had proceeded fo far, as to dilpatch orders to the queen's Ihips at Bollion, to hold themfelves in readinefs, and the Britifh troops were upon the point of their embark- ation. At this jimvfture, the news an ived of the defeat of the Portuguefe, which reducing our allies to great ftreights, the forces intended for the American adventure were then ordered to their alTiftance, and the thoughts of the minillry entirely diverted from the Canada expedition. As we had not a man in this province, who had more extended views of the importance of driv ing the French out of Canada, than colonel Schuyler, fo neither did any per- fon more heartily engage in the late expedition. To pre- ferve tlie friendfhip of the five nations, without which it would be impoffible to prevent our frontiers from becom- ing a field of blood, he ftudied all the ar s of iiifmuating himfelf into their favour. He gave them all jwflible encour- agement and afiiftance, and very much impaired his own 1 fortune, by his liberality to their chiefs. They never came to Albany, but they refbrted to his houfe, and even dined at his table ; and by this means, he obtained an afccndency over them, which was attended with very good confequen- ces to the province ; for he could always, in a great degree, obviate or eradicate the prejudices and jealoufies, by which the French jefuits were inceflantly labouihig to debauch their fidelity. Imprefled with a ftrong fenfe of the neceflity of fome vi- . gorous meafares againfl the French, colonel Schuyler y^as extremely difcontented at the late difapponitment ; and re- ' Iblved to make a voyage to England at his private expenfe, the better to inculcate on the miniftry, the abfoUite necef- I fity of reducing Canada to the crowTi of Great-Britain. For ' that purpole, he propofed to carry home with him five Indian chiefs. The houfe no fooner heard of his dcfi^gn, ,$lian tliey came to a, refolution, which, in juftice to 138 THE HISTORY his diflinguifhed merit, I ought not to fupprefs. It wai this : " R-cfolvetl, neminc contradiccnte, that the humble ad- drcfs of the lieuteiiat-govemor, council, and general aflem- hlyofrhis colony to the queen, reprefenting ilic prefcnt. itaic of this plantation, be commirtcd to his charge and care, to be prefented by hijnfclf to her lacrcd majcfty ; he being a peifon, who, not only in the laft: var, when he coniniandcd the forces of this colony in chief at Canada, but alio in the prcfent, has performed faithful Icrviccs, to this and the neighbourhig colonics ; and behaved fhimielf in the olfices, with which he has been entruflcd, with good reputation, and the general faiisfaCtion of the people in thefe parts." The arrj\al of the five fachems in England, made a great bruit through the whole kingdom. The mob followed ^vherever they went, and fmall cuts of ihem were fold 3niongthe people. Thecouitwas at that time in mourning for the death of the prince of Denmark : thefe American kings* were therefore drellcd in black underclothes, after tlie Englifh manner ; but inilead of a blanket, they had each a fcarlet-in-grain cloth mantle, edged with gold, thrown over all their other gannents. This drefs wasdirecft- cd by the dreflers of the playhoufe, and given by the queen, who was advifed to make a fliow of them. A more than or- elinary folemnity attended the audience they had of her 'majeliy. Sir Charles Cotterel conducted them, m two coaches, %o St. James's ; and the lord chamberlain introduced them into the royal prcfence. Their fpeech, on the 19th of April, 1 710, is preferved by Oldmixon, and was in thefe w ords : " Grf.at Q^usen, We have undertaken a long voyage, which noneof onr predeccflbrs could be prevailed upon to undertake, to He our great queen, and relate to her thofe things, which "we thought abfolutely neceflary for the good of her, and us her allies, on the other fide the water. We doubt not but our great queen has been acquainted with our long and tedious war, in conjuncftion with her chil- d; jn, againll her enemies the French ; and that wc have been as a ftrong wall for their fecurity, even to the lofs of our beft men. We were mightily rejoiced, when we heard * This title is commonly bellowed on the fachemf, though the Indians have no fuch dignity or office among them, O F N E W-Y O R K. 13^ our great qneeii had refolved to fend an army to reduce Canada ; and immediately, in token of friendfhip, we hung up the kettle and took up the hatchet, and, with one con- fent, aflifted colonel Nicholfon in making preparations on this fide the lake : but, at length, we were told our gi-eat queen, by fome important affairs, was prevented in her de- iio-n, at prefent, which made us forrowfnl, left the French, who had hitherto dreaded us, fhould now think us unable to make war againft them. The reduction of Canada is of great weight to our free hunting ; fo that if our great queen Ihould not be mindful of us, we muft, with our families, forfake our country, and leek other habitations, or ftand neater, either of which will be much againft our incli. nations. " In token of the fincerity of thefe nations, we do, in their names, prefent our great queen with thefe belts of wampum, and in hopes of our great queen's favour, leave' it to her moft gracious confideration." While colonel Schuyler was at the Britifh court, captain , Ingolft)y was difplaced, and Gerardus Beekman exercifed the powers of government, from the icth of April, 1710, till the arrival of brigadier Hunter, on the 14th of June following. The council then prefent were, Mr. Beekman, Mr. Mompeflbn, Mr. Van Dam, Mr, Barbarie, Colonel Renflaer, Mr. Philipfe. Hunter was a native of Scotland, and, when a boy, put apprentice to an apotl ecary. He left his mafter, and wen: I into the army ; and being a man of wit and perfonal beau- ty, recommended himfelf to lady Hay, whom he nfter- wards married. In the year 1707, he was appointed lieu- tenant-governor of Virginia, but being taken by the French iin his voya7,e to that colony, he was carried into France, and upon his return to England, appointed to fucceed lonl Lovelace in the government of this and the province of Nev - Jerfey. Dean Swift's letter to him, during his captivi' v. fliov»'sthat he had the honour of an intimacy witli mr. Adcii- fon and others, who were diftinguifhed for their good icnle and learning ; and perhaps it was by their intereft, he was advanced to this profilable place. Governor Hunter brought over with him near three thou- • fand palatines, who, the year before, fled to England fror.i the rage of perfecution in Germany. Many of thefe people ■ featedthemfelves in the city of New- York, where they built ^1 a Lutheran church, which is now in a declining condition. 140 THE HISTORY Others fettled on a tratft of feveral thoufUnd acres, in the manor of Livinglton. Their village there, called the cam is one of the pleafanteft fituations on Hudfon's river : rigiit, oppofite, on the welt bank, are many otiicr families of theni; Some went into Penniylvania, and by the favourable ac^ counts of the conntry, which they tianfmitted to Ger- many, were inllruinental to the tranfniigration of many thoulands of tlieir countrymen into that province. Queen Anne's libci-ality to tliele people, w:is not more bcncficiai to them, than ferviccablc to this colony. They have behav- ed thcmlelves peaceably, and lived with great induflry. Many are rich, all are protellants, and well affected to the ^ovei nment. The fane mud be faid of thofe wlio have lateljf icttled auionglt us, and planted the lands w eftward of Al- bany. We have not the leall ground for jealoufy with ref* pect to them, Ainonglt us they are few in number, com- pared to thofe in Pcnnfylvania. There they are too ntuner* ous, to be foon alfmiilated to a new conlkitution. They re- tain all the maimers and principles which p'-evail in theit native country, and, as many of thein are papifts, fbme are not wirhout tlieir fears, that, fooncr or later, they will be* come dangerous to our colonies*. The late attempt to attack Canada proving abortive, ex- pofed us to confcquenccs equally calamitous, dreaded, and Ibrefeen. While the preparations were making to invade it, the French exerted thcmfclvcs in cajoling their Indian al- lies toaHiit in the repidfe ; and as foon as the fcheme drop- ped, numerous parties were fent out to harrafs the Englilh frontiers. Thefe inniptions were, principally, made on the northern parts of New-England, where the moll favage crueb- ties were daily committed. New- York had, indeed, hither^ to efcapcd, being covered by the Indians of the five nations; but the danger we were in, induced governor Hunter, fooa after his arrival, to make a voyage to Albany, where he met * The furprifmg importation of Germans into that colo-^ ny, gave rife to the fcheme of difperfing Englifh clergy- me i and fchoolmafters among them. The project is fouml- ed on principles of Ibund policy. If a political million a* mong the Indians had been feafouably encouraged, the pro- vince of Pennfylvania might have efcaped all that fhockin* devaftation, which enfued the fatal defeat of general Brad* dock's army on the 9th of July. 1755 ; and would, perhaps^ have prevented even the ered:ion of fort Oiielne, which has already coft the nation fo much blood and treafure. OF NEW-YoAk, confederate chiefs, and renewed the old covenant, u hile there, he was ftrongly folicited, by the New-Kngland governments, to engage our Indians in a war witli thole who were daily ravaging their borders : but he prudently declined a meafure, which might have expofed his own province to a general devaftation. A treaty of neutrality fub- hfted, at that time, between the confederates and the Canada French and their Indians ; which, depending upon the faith of lawlefs flivages, was, at beft, but precarious, andyerthe only fecurity we had for the peace of gur borders. A rup- ture between them would have involved us in a fcene of mi- iery, at a time, of all others, moft unfeafonable. How^ever the people of New- England might cenfure the governor, it was a proof of wifdom to refule their requeft. For befides a want of men and arms to defend us, our forts were fallen down, and the treafury exhaufted. The new allembly met, at New-York, on the ift of Sep- tember. Ml*. Nicoll, the fpeaker, mr. Livingiton, mr. do Lancey, and colonel Morris, were the members moft dil^ thiguilhed for their adlivity in the houfe. Mr. de Lancey was a proteftant refugee, a native of Caen in Normandy ; and by marrying a daughter of mr. Courtlandt, conneifted with a family, then, perhaps, the moft opulent 9.nd exten- live of any in the province. He was an eminent merchant, and, by a fuccefsful trade, had amafled a very confiderable fortune. But of all tliefe colonel Morris had the greateft in- fluence on our public affairs. Ke was a man of letters, and though a little whimfical in his temper, was grave in his manners, and of penetrating parts. Being exceflively fond of the fociety of men of fenfc and reading, he was never wearied at a fitting, till the fpirits of the \vhole ^company were diflipated. From his infancy, he had lived in a man- ner beft adapted to teach him the nature of man, and to fortify his mind for the viciflitudes of life. He very early loft both his father and mother, and fell under the patron- age of his uncle, formerly an officer, of very confiderable rank in Cromwell's anny ; who, after the reftoration, dif- guifed himfelf under the profeflion of quakerifr , and fet- tled on a fine farm, v/ithin a few miles of the city, called, after his ovm name, Morrifania. Being a boy of ftrong paf- fions, (the general indications of a fruitful genius,) he gave frequent offence to his uncle, and, on one of thefe occafi- ons, through fear of his refentment, ftrolled away into Vir- ginia, and thence to Jamaica in the Weft-Indies, where, to fapport himfelf, he fet up for a fcrivener. Ai\er feveral years fpent in this vagabond life, he returned again to bis THE HISTOHV uncle, wlio received the young prodigal with joy ; and, reduce him to regularity, brought about his marriage v/ith a daughter oFmr. Graham, a hue lady, with whom he lived above fifty years, in the polleliion of every enjoyment, which good lenfe and polite manners in a woman could afi £ord. Thegreatelt part of liis life, before the arrival of mr Hunter, was fpent in New-jerfey*, where he fignalized liimfelf inthe fervice both of the proprietors and the aflem- bly. Tiie latter employed him to draw up their complaiitt againll iny lord Cornbury,and he was made the liearerof it to the queen. Though he was indolent in the management of iiis private affairs, yet, through the love of povv er, he wjtt always bufy hi matters of a political nature, and no man in the colony equalled him in tlie knowledge of the law and the arts of intrigue. Krom this characfter, the reader wiD eafily perceive, that governor Hunter fliowed his prudenctf, in taking mr. Morris into his confidence, liis talents and ad- vantages rendering him either a ufeful friend or formidable foe. Such were the ac^ting members of thisallembly. Whei brigadier Hunter fpoke to them, he recommended the fet- tling a revenue, the defence of the frontiers, and the refto- ratioH of tlie public credit, which lord C :rnbury had al- inoit entirely dcllroyed. To ftifle the reinaming fparks ol our ancient feuds, he concluded withthefe words : If anj go about to difturb your peace, by reviving buried parties or piques, or creating new ones, they fhafl meet with nc countenance or encouragement from me ; and I am fure they deferve as little from you." Theaddrefs of the houfe was perfectly agreeable to the governor. They promifed to provide for the fupport of government, and to reftore the public credit, as well as to protect the frontiers. In anfwei to the clofe of hisfpeech, they declare their hope, " That fuch as excited party contentions, might meet with as littk credit, and as mucli difgrace, as they deferve." This una- nimity, however, was foon interrupted. Colonel Morris, for Ibme warm woi'ds dropped in a debate, was expelled .the houfe ; and foon after a difpute arofe, between the c uncil and affembly, concerning fome amendments, made by tlifc former, to a bill " for thje treafurer's paying fondry * He was one of the council in that province, and a judge of the fupreme court there, in 1692. Upon the furrender of the government to queen Anne, in 1702, he was named to be governor of the colony ; but the appointment was changed iii f*avour of lord Conibur^'^ the queen's coufin. O F N E W.Y O R K. T45 cams of money/' The defigii of it, in mentioning the par. icular fums, and rendering them ifluable by their own of- icer, was to refVrain the governor from repeating the mif- ipplications which had been fo freqnent in a late adminif- ration. Tiie council, for that reafon, oppofed it, and ad- lered to their amendments ; which occalioncd a prorotrati- in, on the 25th of November, after the pafling of fcveral itherneceflary laws. Mr. Hunter cautioufly avoided entering, publicly, into he difpute between the two houfes, till he knew the fen- iments of the miniilry, and then he opened the fpring fef- ions with a fpeech too lingular not to be inferted. Gentlemen, " I hope you are now come with a difpofition to anfwer ■ c ends of your meeting, that is, to provide a fuitable fup- L for her majefty's government here, in the manner fhe been pleafed to direct ; to find out means to reftore the )lic credit, and to provide better for your own fecuritv. They abufe you, who tell you, that you are hardly dealf >y in the augmentation of fala' ies. Ker majefty's inllruc- ^ ions, which I communicated to you ^t our lalt meeting; r night have convinced you, that it was her tendernefs to- j vards her fubjecfts in the plantations, who fuffered under an jf ftabliftied cuftom of making coniidei-able prefents to their \ governors, by aets of aflbmbly, that induced her to allot to ach of them fuch a fah- ry as fhe judged fuflicient for their Support, in their refpecftive ftations, witli aftrict prohibi- lon of all fuch prefents for the future ; which inflruiftion las met with a chearful a^d grateful compliancy in aU the ,)ther colonies. ' ^ ^ "If you have been in any thing diftinguiflied, it is by an ^ :xtraordinary meafure of her royal boimty and care. I hope ^ou will make fuitable returns, left fbme infnmations, much epeated of late years, fhould gain credit at laft,that how- ever your refentment has fallen upon the governor, it is the p government you diflike. J , It is neceflkry, at this time, that you be told alfo, that iOvipg money for the fupport of government, and difpofuio- )f It at your pleafure, is the fame with giving none at alf ier majefty is the fole judge of the merits of her fer^ants. •rius right has never yet been difputed at home, and hould I confent to give it up abroad, I fhould render myfblf inworthy, not only of the truft repofed in me, but of the ociety oi my fellow-fubjec^ts, by incurring her higheft dif, >Jealure. If I have tired you by a long fpeech, Ifhallmake I *44 THE HISTORY amends by puttmg you to the |roublc of a very fiiort an- '1 fwer. i Will you fuppoit her niajefty's government, in the -J manner Oic has been pleafed to direc^t, or are you refolved ^ that burden fliall lie Itill upon the governor, who cainiot * accufe hlmfelfofauy thing that may have deferved tlii«' ' treatment at your hands ? ' ' W ill you take care of the debts of the government ; or, ' to increafc my fufferings, mull I continue under the torture f, of the daily ciies of fuch as have jult dcuiands upon you,*" and are in mifery, without the power of giving them any i hopes of relief ? ^ W^ill you take more effediual care of your own fafety, in that of your frontiers ; or are you rcfolved for the fu- ture to rely upon the fecurity of an open winter, and the capiicc of your favage neighbours ? I fliall be very forry if this plainnefs offends you. I judge it neccflary towards the eftablifhing and cultivating a good ujiderftandin^ betwixt us; I hope it will be i'o conitrued, and wiHi heartily it may have that effect." Perplexed with this remarkable fpccch, the affembly, af- ter a few days, concluded, that as his excellency had pro- rogued them in February, while he NVas at Burlington, in the province of New- J erfey, they could not (it and ad: as a houfe ; upon w hich, they were the lame day diflblved. The /ive Indian kings, carried to England by colonel Schuyler, having fecn all the curiofiries in London, and been much entertained by many perfons of difVincftion, re- J turned to Bofton, with commodore Martin and colonel • Nicholfon ; the latter of w hom commanded the forces de- ' filled againft Port-Royal and the coall of Nova-Scotia. In this enterprife the New-England colonies, agreeable to their* wonted courage and loyalry, lent their afliltance ; and the reduction of the garnfon, which was then called Annapo- Jis-Royal, v as happily completed on the 2d of October, 17x0. Animated by this, and Tome other fuccedes in New- foundland, Nicholfon again urged the profecution of the fchjme for the reduction of Canada ; which, having been ftrongly recommended by the Indian chiefs, as the only ef- fei*tual means to fecure the northern colonies, w as now again refinned. Towards the execution of this project, five thoufand troops from England and Flanders, were fent over under the command of brigadier Hill, the brother of mvs. Mafham, the i^aeen's new coSidant, on the difgrace of the duchefi of OF NEW. YORK. .iariborough. The fleet of tran (ports, under the convoy o^ fir Hoveden Walker, amved, after a month's paliage, at Bofton, on the 4th of June, 1711. The provilions, with, vvhicli they expecfted to be fiipplied there, being not provid- ed^ the troops landed. Nicholl'on, who was to command tiie land forces, came immediately to New- York, where mr. Hunter convened the allembly, on the 2d of July. The re- election of the fame members, who had ferved in the laft, was a lufficient proof of the general averfion to the eftablifli- ment of a revenue. Robert Livingflon, junior, who married the only daugiiterof colonel Schin ler, came in for Albany ; and, together with mr. Morris, who was again chofen for the borough of Weft-Chefler, joined thegoveinor'sintei eft. Brigadier Hanter informed the ailcmbiy of the intended expedition, and the arrival of the feet and forces ; that the quota of this province, fettled by the council of war, at Kew-London, was 600 private centinels and their ofiicers ; befides which, he recommended their making provilion for building batteaus, tranljponing the troops and pro%ifions, fubfifting the Indians, and for the contingent charges : nor did he forget to mention the fupport of government and the public debts. I The houfe was fo well pleafed with the defign upon Ca- nada, that they voted an addrefs of thanks to tbe queen, and fent a committee to Nicholfon, to congratulate his ar- rival, and make an honourable acknowledgment of his " fe*. dulous application to her majelly for reducing Canada.'* tn' a Few days time, an snil was palled for railuig forces ; Snd the ailembl}', by a refolution, according to the governt)r*s advice, reitricted the price of provilions to certain particu- lar funis. Bills of credit, for forwarding the expedition, were now alfo ftruck, to the amount of io,oocl. to be funk ill five years, by a tax on eftates real and perfonal. After thefe fupplies were granted, the governor pro- ogued the aflcmbly ; though nothing was done relatuig to the oi^di- nary fupport of government. While thefe preparations were making at New-York, the fleet, confifliing of twxlve men of war, forty tyanfports, and fix ftore-fliips, with forty horfes, a fine train of artillery and all manner of warlike ftoi es, failed for Canada, fioni Bof- ton, on the ^oth of July ; and, about a month afterwards, Nicholfon appeared at Albany, at the head of an army of four tiiouland men, raifed in this and the colonies of New- Jerfey and Conne(rticut : the feveral regiments being coni- matided by colonel Ingolfby, colonel Whitbig, aiid colonel THE HISTORY fidiTiyler, tlie latter of whom proc\ired 6co of the five na- tions to join our army. The French, in Canada, were not imapprifcd of thefc dcfigns. Vandreuil, the governor ^enei-al, fent his orders, from Montreal, to the iienr de Heaucourt, to haften the works he was about at Qjiiebcc, and commanded that all the regulars and militia fliould be licld in readinefs to march on the firft warning. Four or five hundred Indians, of the more diftant nations, arrived at the fame time at Montreal, with mcflieurs St. Pierre and Tonti, who, tr>gethcr with the Caghnuaga profjlytes, took up the hatchet in favour of the French. Vaudreuil afierdifpatcliing feveral Indians and two millionarics among the five nations, to detach them from our intereft, went to Q^uebec, which Beaucourt, the engineer, had fufficienily fortified to f:iftaiii a long fiege. All the prin- cipal polVs below the city, on both fides of the river, werp prepared to receive the Hritilh ti'oops in cafe of their land- inig. On tlie 14th of Anguft, fir Hovcden Walker arrived xviih the fleet in the mouth of St. Lawrence river; and fear- ing to lofe the company of the tranfporrs, the wind blow- ing frefh at north-wefl, he put into Gafpy bay, and con. tinned th?re till the 20th of the fame month. Two days af- ter he failed from thence, the fleet was in the ntmoil dan- ger, for they had no foundings, were without f^ght of land, the wind high at eail-fourh-eafi, and the flcy darkened by a thick fog. In thefe circumfVances, the fleet brought to, by the advice of the pilots, who were of opinion, that if the fhips lay with their heads to the fouthward, they might be driven by the flream into the midft of the channel : but inftead of that, in two hours after, tliey found themfelves on the north fljore, among rocks and iflands, and upon the point of being lofl. The men of w ar cfcapcd, but eight tranfports, containing eight hundred fouls, ofTcers, fol- diers, and feamen, were caft away. Two or three days being fpent, in recovering what they could from the fhore, it was determined, at a confultation of fea officers, to return to fome bay or harbour, till a further refolution could be taken. On the 1 4th of September, they arrived at Spanilh-River bay, where a council of war, confifting of land and fea of- ficers confidering that they had but ten weeks provifion, and judging that they could not depend upon a fupply from New-England, unanimoufly concluded to return home, without making any farther attempts ; and they according- ly arrived at Portfmouth on the 9th of 0(ftober, when, in ^_^dition to our misfortunes, the Edgar, a 70 gun fliip, wa^ Of n£w-y6rk. ^^ld^vll up, having on board above four hundred men, be* (iJes many perfons who came to vilit their friends. As foon a3 the marquis de \^audreuil, by the accounts of the filhermen and two other fliips, had reafon to fufpevflthat our fleet was returned, he went to Chambly, and formed a camp of three tlioufand men to oppofe Nicholfon's army, intended to penetrate Canada, at tliat end. But he was foon informed that our troops were returned, upon the news of the difafter which had befallen the fleet, and that the peo- ple of Albany were in the utmofl: confliernation. The new miniftry are generally cenfured for their con- dudl in this expedition by the whigs, who condemn both the projedc and the meafures taken to^vards its execution. The fcheme was never laid before the parliament, though it was then fitting ; but this, it is faid, was for the greater fecrecy, and for the fame reafon, the fleet was not fully vidiualled at home. They relied upon New- England for fup- plies, and this dellroyed the defign. For the fliips tarried at £ofton, till the feafon for the attack was over. According to lord Harley's account of this expedition, the whole was a contrivance of Bolingbroke, Moore, and the lord chancellor Harcourt, to cheat the public of twenty thoufand pounds. The latter of thefe was pleafed to fay. No government was worth ferving, that would not admit of fuch advantageous jobs." Apprehenfive that the enemy would fall upon our bor- ders, as they afterwards really did, in fmall parties, upon the mifcarriage of that enterprife ; governor Hunter prefled the aflembly, in autumn, to conthiue a nunlber of men in pay the enfuing winter, and to repair the out-forts. After tlie houfe had pafled feveral votes to this purpofe, his ex- cellency, durhig the feflion, went up to Albany, to withdraw the forces of tiie colony, and give orders for the neceflary repairs. The public debts, by this unfortunate expedition, were become greatly enhanced, and the aflembly, at laft:, enter- ed upon meafures for the fupport of the government, and fent up to the council feveral bills for that purpofe. The latter attempted to make amendments, which the other would not admit, and a warm controverfy arofe between thofe two branches of the legiflature. The council afligned ' infl:ances, that amendments had formerly been allowed ; and, befidesthis argument, drawn from precedent, inlifted 1 fiiat they were apart of the legiflature, confliituted as the aflembly were, " by the mere grace of the crown adding that the lords of trade had determined the matter iu theii- TH5 HISTORY Javoi^. The houfe nevcrth^leis, adhcccd td their refolutioiis^ and aiifwcmi in i-icfc words : ^ * fis zruCf die fhare the council have (if any) in the le- giflation, docs noL iiow i\om any litlc tliey have from the nacui c of that boiird, which is only to advifc ; or from tlieif bcin Q another diftinct ftaic, or i-ank of people in the cunfti- turioji, which tliey are not, being all commons ; but oidy from lie mere pleaf are of the prince, fignificd in the com- iniiiijn. On the contrary, the inlicrcnt right tlie ailembly h ive to difpofe of the money of the free.ncn of this colony, docs not proceed from any coinmillion, letters patent, or otlier grant from the crown ; but from the free choice and election of tiie people, wiio ought not to be divelled of their property (nor jultly can) without their confent. Any former condcfcenfions, of oilier aflemblics, will not pref- cribe lo the coinicil,a privilege to make any of thofe amend- ments, and therei'ore they have it not. If the lords com- miiiioners for ti-adc and plantations, did conceive no reafon why tlie council fhould not Irave right to amend money lulls, this is fat* from concluding there are none. The aflem- bly undcrftand them very well, and are fufficiently con- "viuccd cf the neccfTiry they arc in, no. to admit of any e^- croachment fomucli to their prejudice." Both lioufes adhered obllinatcly to their rcfpecflive opini- ons : ia confcquence of which, the public debts remained unpaid, though his excellency could not omit pafling a bill ' for paying to himfelf ^750 ounces of plate. Upon the return of the fleet, Dudley, Saltonflal, and Cranfton, the governors of the eallern colonies, formed a tlefigii of engaging the five nations in a rupture with the French, and wrote on tliat head to mr. Hunrer ; who, fuf^ picious that hisaflembly would not approve of any projecft ^hat might increafe the public debts, laid their letter before the houfe, and, according to his expectations, they declar-' 1 ed againll the fcheme. About this time colonel Hunter, by the advice of hif council, began to cxercife the ofHce of chancellor, having, OP the 4th of October, appointed meflieurs Van Dam and Phllipfe, malWrs, mr. %\'hileraan, regifter, mr. Harrilon, examiner, and mefficurs Sharpas and Broughton, cleiks. . A proclamation was then iffaed, to fignify the iirring of the court on Thurfday in every week. This gave rife to thefe nvo refolutions of the houfe. j ; their willingnefs to fupjwrt her government, complainijig ofmilapplications in the trcafliry, intiaiating their fiilpi-cions that they were mifreprefented^ and playing an inllrudtion to the governor to give his con- sent to r. law, lor fiipporring an agent to reprefcnt them at the court of Great Ih it lin. Provoked by this conduct, and to put an end to the difputes fubfiiling between the two houfes, his excellency dill<)lved the allembly. Before the meeting of the next allembly, the peace of Utrecht was concluded, on the ;ift of March, A peace, in the judgment of many, diflionourable to Great- Britain, and injurious to her allies. I fliall only confider it with relation to our Indian affairs. The reader doubtlefi obfcrved, that lord Bellamont, after the peace at Ryfwick, contended with the govcnior of Canada, that the five na-^ tions ought to be confulercd as fubjects of the Britifh crown, and that the point was difputed even after the death of count FronteivAc. It does not appear that any decifion of that matter was marie between the two crowns, till the trea- ty of Utrecht, the XVth article of which 15 in thefe words: The fubjeclis of Fi*ance inhabiting Canada, and others, fhall hereafter give no hindrance or molelfation to the five nat'ons, or cantons of Indians, fubjecft to the dominion of Great-Britain, nor to the other nations of America who are friends to the fame. In like manner, the fubjecfts of Great- Britain fliall behave themfelves peaceably towards the A- mericans, who are fub]ec% or f. -lends to France ; and on both fides, they lhall enjoy full liberty of going and coming OH account of trade. Alfo the natives of thefe countries ihall, OF N E W - Y O R K. 151 with the fiime liberty, refort, as they pleafe, to the Brjtifh and French colonies, for promoting trade on one fide and the other, without any moleftation or hindi-ance, either on the part of the Britilh fubjecls, or of the French. But it is to be exactly and diftindlly fettled by commiflaries, who are, and who ought to be, accounted the fabjetfts of Britain j or of France.'' In confeqiience of this treaty, the Britifh crown became entitled, atleall for any claim that could juftly be interpof- 1 ed by the French, to the fovereignty over the country of the five nations, concerning the extent of which, as it never was adjufted by commiflaries, it may not be improper to fay a few words. When the Dutch began the fettlement of this country, all tiie hidians on Long-Ifland, and the northern fhore of the found, on the banks of Connecticut, Hud fon's, Delaware, and Sufquehanna rivers, were in fubjecTiion to the five nati- ons ; and, within the memory of perfons now living, ac- ' knowledged it by the payment of an annual tribute*. Tlie French hiftorians of Canada, both ancient and modern, agree, that the more northern Indians were driven before the fuperior martial prowefs of the confederates. The au- thxir of the book entitled, Relation de qiii s'ejl ^ajfe de plus f'faMrquable aux viijpcn de pcres dc la compagnie dc J-f'o:, eji la^ouvslU Francej publifhed with the pnvilege of the French king, at Paris, in 1 66 r, writes with fuch fingular lim- ' .plicity, as obviates the leait fufpicion of tiiofe finiftcr views, fo remarkable in the late French hiilorics. He in- ; forms us, that all the northern Indians, as far as Hudfon's bay, were harrafled by the five nations. " Partout (fays he, fpeaking in the name of the mifiionarics) ncus tro:ivo?is IroquoUy qu'i^ coinnie itn phantonie iviportiin, tions ohfcde en tons lieux.'* In the account he gives of the travels of a fa- ther, in 1658, we are told, that the tanks of the upper lake were lined with the Algonkins, " 0:1 la cra'nite des Iroquois leur a fait cherchsr un ajyle.** Writing of the Hurons, f< la nation la plus fedentalrc & la pins propr^ pour ies fciiiences de la foi,'' he reprefenfs them as totally detlroyed by the con- federates. Charlevoix, whofe hiftory of New France is cal- culated to countenance the encroachments of the Frencli, * A little tribe, fettled at the fugar-loaf mountain in Orange county, to this day make a yearly payment of abpuc 20I. to the Mohawks. 153 THE HISTORY eivM the following dcfcriptioii of the temtory of the con- iedcratcs. 1 lic country of the Iroquois (f:jys he) extends itfclf be- tween tUc 4 ill and 44th de<;recs ol' north latitmlc, about 70 or do IcMgucs tVoni taltto wtlt, fjouiihc head of the river, bearing; tor iis name tluit of Kichlieu and Sorclt ; tliat is, ti oju lake St. iiaci ament to Nia«^dra, ami a Utile above forty leagues from noith to Ibuiji, or ratlicr noi th call and fouth- velt iVojn tiic heatlof theMoha^^ l.s r'lNcr to the river Ohio. '1 iius ti^e kill mentioned ri*. er and Feiinfvlvania bound it on the Ibuth, Cntiie\Neil it hiti> lake Ontario; and lake hrie on the north- welt ; St. Sacramtnt antl the river St. Lawrence on the nonh ; on the Icuih and Ibiith-eall, the j>iOv:jice of Ncvn -York. It is v aured witlr many rivti s. The land is in fo:i:e pi::ces broken, but, generally Ipeuking, very fertile." ill tiiii partial dcfcriptioii, the jefuit is neither confident witii his geographer, nor fevc.al oiher French authors ; and yet both his liiliory and mr. beliin's maps, in 1744', Mhich are bauud up with it, furnilh many itrong evidences in favour of the Britilh claims. I will pyini out a few in- f The liver i(Ii:ing from lake Champlain, is fln)ed. Riviere des Iroqi.ois de Richelieu & Sgrel : but the lalt is now molt commonly ul'ed, * ^h-. Bellin publiihed a new fet of maps in 1745, the firft plate beino. thought too favourable to our claims, efpe- cially in the protraction of the north fule of the bay of Fun- dy, for Nova Scotia, which, in the fecond plaie, was called the fouth part of New France." Gener,il Shirley, one of the Britilli commif;aries for fettling the difputed limits, took occafion to fpcak of this aheiaiion to mr. Bell in at Paris, and iriformed him that 100 copies of his fivft mapi^ were difpertfd in London, upon which he difcovered feme fuiprife ; bui ii.llead of urging any thing in fuppjrt of the variation in his new draft, faid, ihiiling, we in Franco ym *\ follow the command of the monarch." I mention this to Ihow, that mice the French government intei-pofes in the conftriiction of their maps, they are proper evidence againft them. Among the Englifh, dr. Mitchel's is the only authen- tic one extent. None of the reft, concerning America, have pafled under the examination, or received the lanction of any public board ; and, for this reafon, they ought not to be ccnltrued 10 our prejudice. Add, that they generally copjf iicui the French. . - / OF NEW - YORK. 153 itances. The ancient country of the Hurons is laid down on the north fide of lake Erie, by which we are afcertahied oi* the extent of territory, to which the live nations are enti- tled by their tonqiielt of that people. Tlie riglit of the confederates to the fouth fide of that lake, is alio efiablifli- cd by their difperfion of the Cat Indians, to whom it origin- ally belonged. The land, on both fides of the lake Ontario, is admitted to be theirs by this geographer, who writes oil the north, Les Iroquois du iiord," and on th^ fouth fide. Pays des Iroquois." Hennepin, la Hontan, and Delifle, all concur with Bellin, in exiending tlue right of^he five nations, to the lands on the north lide of lake Ontario. The firft of thefe, behdes what appears from his map, fjjeaking of that lake, has thefe words, " There are likewile on the north lide, thefe Iroquois villages, Tcjajabon, Kente, and Ganneoufle every one of which is laid down even in Bellin's, and almoll: all the maps I have f'een cf that country whether French or Engliih. \\niat renders Hennepin's ac- count the more remarkable, is, that thefe villages v/cre there in 1679, feven years after the ere»irioii of fort Frontenac. From wiience it may fairly be argued, that their not oppo- fing thole works, was by no mea is a celiioii of the country to the French ; and indeed Charlevoix himfelf reprefcnts thaliKnatter as carried on by a fraud, for, fays he, under pretext of feeking their advantage, the governor had no- thing in view, gu.^ d<: les t^nir en br/de.''' " To thefe atteilatioas, which are the more to be depended upon, becaule they a/e given by the French writers, whofe partiality leads them toconliiic tlie five nations to contraifted limits*, we may iadd, that our Indians unive' ially concur in the claim of all the lands, not fold to the tnf;lilli, from the month of Sorel river, on the fouth fide of the lakes Erie and Ontario, 011 both fides of the Ohio, till it falls into the Millillippi ; and on the north fide of thofe lakes, that whole territory between the Outawais river and tire lake Huron, * Mr. Eellin was engineer of the marine, and tells us, that Charlevcix performed his travels in this country, by order of the French court ; that he was a man of attention and ciiriofity, and had a determined refolutioii to colled; all poilible intelligence, which he defigned to make public. To give the greater credit to the jefuit's hiitory and his own map, he adds, that Charlevoix was never without the in* ftrunients proper for a voyager, part out la hujj^ole ^ la, raain,'* T H E HISTORY ^ud even beyond the ftreights between tliat and ]ake Kr\e, This laft tract, and the land on tlic north fide of the lakes Eric and Ontario, wtnc conrained in their furrcndcr to king William, in 1701 ; of w hich I took notice in its proper place : and doubtlefs to that, and lord Bclbmont's contcft with count Frontcnac, w e'ujufl afcribc it, that the five nat^- pns were afterwards fo particularly taken notice of in tUc treaty of Utrecht. The Ih ififh title to fort Fronrcnac, and the lands on the north-well fide of Cadaracqui river, has of late been drawn into quelUon.1)y fome, who, from jealoufy, qr other niotivcf equally fliauiclul, were bent upon ILiidui^j; fault with every jncaf ire planned hy general Shirley. The advocates for the Frcn( h claim, relied mr.di on a late nrap of the middle Britifli colonics, and two pamphlets publiflicd by Lewis Evans. The French," fays he, being in pofitflion of fort Frontenac, at the peace of Ryfw ick, \\hicii tliey attained during their war wit:h the confederates, gives them an un- doubted tiile to the acquifition of the norih-wcft fide of St. Lawrence river, fiom thence to their fettlenicnt atlSIontreal." The waiter adds ; It was upon the faith and honour of king William s promife (by the fourth article of the treaty of Ryfwick) of not dilhirbing the French k'li^ in t^ free poile(iion of the kingdoms, countries, lands, or (lomimonshe then enjoyed, that 1 faid the French liad an undoubLed title to their acqulfuion of tlie norih-well: fide of 3t. Lawrence river, from Frontenac to Montreal." Whether the ti er^ty oiight to be confidercd, as havhig anv relation to this matter, is a queftion w hich I fhall not take upon me to determine. The map-maker fuppofes it to be applicable, and, for the prelent, I grant it. The XlJth article of this treaty is in thefe words : The inoltchriftian J<.ing fhall reftore to the king of Great-Britain, all countries, jllands, forts, and colonics, whercfeoevr fituated, which tlie Englifli did poflefs before the declaration of the prefent >var. And in like manner, the king of vliom he could notallui-e, again diilblved the ailenibly. He fucceeded in liis defign, for ttiough mr. Nicoll was re-elect- ed into rhe chair on the 9th of June, i 716, yet we plainly perceive, by tiie harmony mtroduced between the leveral bi-anches of the legiflatuie, tliat the majority of the houle "were nosv in the intereft of the governor. An iiiconteftible evidence of their good underltanding, appeared at the feifiou in autumn, i 717, when the governor informed them of a m^orial, w|iich had been fent home, reflecting upon his adniiniftration. The houfe immediately voted an addrcfs to him, wliich was conceived in terms of the utmoft refjiecl, teftifying tlicir abhorrence of the inemorial, as a falfe and malicious libel. It was fuppoled to be written by Mulford, a reprefentative for Suffolk county, who always oppofed the meafures that w^ere taken to pre- ferve the friendfliip of the five nations, and foolifhly pro- jected a fcheme to cut them oft*. It v* as printed in Enghwid, and delivered to the members at the door of the houfe oi commons, but never had the author's intended effect. It was at this meeting, the council, on the ;ifl of Ocflo- ber, fent a meilage by mr. Alexander, then deputy fecreta- ry, to the houfe, dcfiring them " to appoint proper per- fons, for numing the uivifion line between this colony and the ]>rovince of New-Jerfey, his excellency being allured the legiflature of the province of New-Jerfey will bear half the expenfe thereof." The allembly had a bill before them, at that time, which afterwards pafted into a law, for the ■payment of the remaining debts of the government, amount- ing to many thoufand poiuids ; in wliich, afier a recital ©f 155 THE HISTORY the general reafons, for afcertaining the limits between New- York and Ncw-Jerfey on the one fule, and Conneilti- cut on the other, a claiifc was added, to defray the expenfe of thofe fervices. Seven hundred and tifty ounces of plate were enav5ted " robe irtbed by warrant, under the hand and (eal of the governor of this province for the time being, by and with the advice and confent of liis majefty's council, ill fuch parts and portions as (hall be reqnifuc for that fervicc, when the furvey, afcertaining, and running the faid line, limit, and boundary, fli:dl be begun, and carried on, by the mutual confent and agreement oi' his excellency and coun- cil of this province, and the proprietors of theibilofthe faid province of New- J crfe^." According to this law, the line " agi eed on by the lurveyors and connniffioners of each colony was to be conclulive." Another fum was alfo provided by the fame claufe, for running the line between New-York and C onne(^ticut ; and in tlic year, 1719, an a(tt >vns palic.l for tlie I'e; Icment of that limit, of which I fhall have occafion to take notice in a fucceeding admiiiir- tration. Whether it was becaufe mr. Nicoll was difgufted with the governor's p evailing interelt in the lioufc, or to his infirm ftarc of health, that he defired, by a ^etter to the general aflembly, on the i8th of May, 1718, to be difcharg- ed from the fpeaker's place, is unceitain. His requeft was readily g'-anted, and Robert Livingfton, efq. chol'en in his /lead, file concord between the governor and this uflcmbly, was now T/ound up to its hi^heft pitch, Inftend of other evi- dences of it, I (hall lay before the reader his laft fpeech to the houfe on the 24th of June 1719, and their add re fs in anfwer to it. Gentlemen, T have now lent for you, that yon may be wItnelTes to my aflent to the a(fts pafled by the general aflembly in this feffion. I hope that what remains unfmiflied, may be per- fe6:ed by to-morrow, when I intend to put a clofe to this feifion. I take this opportunity alfo to acquaint you, that my late uncertain ftare of health, the care of my little family, and my pi ivate aifairs, on the other fide, have at I all de- termined me, to make ufe of that licenle of abfence, which has been fome time ago fo graciouliy granted me ; but with a fi'-m refolution to return to you again, ifit is his majefty's pleafure that I fhoald do fo : but if that proves otherwife, I ailoi-e you that whilft I live, I fhall be wsitchful and iiiduf- OF NEW-YORK. trions to promote the intereft and welfare of this conntry, of which 1 think I am under the ftrongefl obligations^ for the future, to account myfelf a countryman. <^ I look with pleafure on the prefent quiet and fiouiifli- in^ ftate of the people here, whilft I reflect on that in which I found them at my arrival. As the very name of party or f'a(ftion feems to be forgotten, may it for ever lie buried in oblivion, and no ftrife ever happen among you, but that laudable emulation, who fhall approve himlelf the moft zea- lous fervant and moft dutiful fubjetft of the beft of princes, and moft ufeful member of a well eftablifhed and flourifliing community, of which you, gentlemen, have given a hap- py example, which 1 hope will be followed by future aflem- blies. I mention it to yoin- honour, and without mgratitudc and breach of duty 1 could do no lefs." Colonel Morris and the new fpeaker were the authors of the anfwer to this fpeech, though it was figued by all the members. Whether mr. Hunter defei"ved the eulogium. they beftowed upon him, I leave the i eader to de ennine. It is certain that few plantation governors have the honour to carry home with them fuch a teftimonial as this : Sir, when we reflecft upon your paft condud:, your juft, mild, and tender adminiftration, it heightens the cor.cem v.e have for your departure, and makes our grief fuch as words cannot tiiily exprefs. You have governed well and wifely, like a prudent magiftrate, like an affectionate parent ; and wherever you go, and whatever ftation the divine p.o- vidence fhall pleafe to aillgn you, our fincere defiies and prayers for the happinefs of you and youis, fliall always at- tend you. ''We have feen many governors, and may fee more ; and as none of thofe, who had the honour to ferve in your fta» tion, were ever fo juftly fixed in the affections of the go - Yerned, fo thofe to come will acquire no mean reputation, when it can be faid of them, their conducft has been like . yours. <^ We thankfully accept the honour you do us, in calling yourfelf our countryman : give us leave then to defire, that you will not forget this as your country, and, if you can, make hafte to return to it. But if the fervice of our fovereign will not admit of what we fo eameftly defire, and his commands deny us that laappinefs ; permit us to addrcls you as our friend^ and give |6p THEHISTORY us your aHHlancc, Nvhen \vc arc oppreflcd with an admiiiif- tration the reverie of yours." Colonel Hiuiter tlcpartiu^r ihc provhice, the chief com- mand devolved, the 5ilt of July, 1719, on Peter Schu^'lcr, cfq. then thecldelt uieinher of the board of council. As lie had no interview with the aUcnibly during his Ihort ad- > miiiiftraiion, in which he beliaved with great moderation and integrity ; there is very little oblcrvablc in his time, except a treaty, at Albany, with the Indians, for confinning the antleut league ; and the tranfic^tious refpcct'ng the par- tition line bL'iAvcen this anil the colony of New-Jerfey : concerning the laiter of which, I fliall now lay belbrc the reader a very fummary account. The two provinces were orifrinally included in the grant of "king Charles to the duke of York. New- jcrfcy was after- wards conveyed by the duke to lord Berkley and lir Gcqrgc Carteret. This again, by a deed of partition, m as divided into Ealt and Weft Jerfey, the former being rclcafcd to fir George Carteret, and the latter to the afligns of lord Berkley. The line ofdivifion extended from little Kgg harbour to the north partition point on Delaware river ; and thus both tliofe tracts became concerned in the liniiis of the province of New-York. The origiival rights ol lord Berkley and fir George Carteret, are velted in two different fets, confifting each of a gi'eat number of pcrfons, known by the general name of the proprietors of PLaft and Weft Jerfey, who, thouMi they furrcndrrcd the pov.crs of governnicnt to queenAnne,in the year 1702, ftill retained their property in the? foil. Thefe were the perfons interefted againft tiie claim ol New-York. It is agreed on all fules, that the deed to New- Jerfey is to be firft fatisHed, out of that gre ^t tracl: granted to the duke, and that the remainder is the right of New-York. The proprietors inuft upon extending their northern limits to aline drawn from the latitude of 41 ^ ^o' onDelaware, to the latitude of 41 o , on Hudfon's river ; a:id allege, that before the year 1 671, the latitude of 41 , was reputed to be fourteen miles to the northward of Tappcin creek, part of thole lands being fettled under New- Jerfey till 1684. They farther contend, that in 1684 or 16S5, Dongan and Lawrie, (the fonner, governor of New-Y'ork, and the latter, of f^ew-Terfey), wiih their refpecfdve councils, agreed, that the latitude on Hudfon's river was at the mouth of Ta]>pan creek, and that a line from thence to the latitude of 41 ^ 40' pn Delaware fliould be the botuidary line. Ini6S6^ Robin- O F N E W-Y O R K. (on, Wells, and Keith,* furveyors of the three feveral pro- vinces, took two obfervations, and found the latitude of 41 ^ to be i' and 25" to the northward of the Yonker's mills, which is four miles and forty fiv e chai]:S to the fouihward ©f the mouth of Tappaii creek. Rut agaii:ft thefe oblerva^ tioMS the proprietors offer fuiidry objecrions, ^^hich it is not my bufiiiefs to enumerate. It is nor pi erended by any of the litigants, that aline, according to the ilaiit.ns Tctiled by Dongan and Lawrie, was actually run ; fo that the limits ofthefe contending provinces, mr.ftlcr.g have exiflcd in thp uncertain conjectuies of the inhabitants of both ; and yet the ijiconvenitrnces of this unfcttlcd ftate, through the in- fancy of the country, were very inconfiderable. In the year 1701, an act palied in New- York, relating to elecftions, which annexed Wagachemeck, and great and little Mini- link, certain fettlements near Delaware, to L hler county. The intent of this law was to quiet difputes before fubdit- ing between the inhabitants of thofe places, wiiofe votes were required both in Orange and L ifter. The natuialcoii- clufion from hence is, that the legiflature of New-York then dcemied thofe plantations not included within the New- Jerfey grant. Such was the flate of this affair till the year 171 7, when provifion was made by this pi ovince for running: the line. The fame being done in New-Jerfey the fuccceding year, commilhons for tliatpai-pofe, under the gi-eatleals of the re- fpet^tive colonies, were ifTued in May, 1719. The commif- iioners, by indentine dated the 25th of July, fixed the north ftation point on the northermoft branch of DcliiiWare, call- ed the Filh-Kill ; and from thence a random line svas run io Hudi'bn's river, terminating about five miles to the north- ward of tlie mouth of Tappan creek. In Auguft, the fur- veyors of Eaft-Jcrfey met for fixing the ftation on Hudfon's river. Al! the commiflioners not attending through fick- nefs, nothing further was done. What had already been tranfatfted, however, gave a general alarm to many perfons interefted in feveral patents under New York, who before imagined their rights extended to the fouthward of the random line. The New-York fiirveyor afterwards declined proceeding in the %vork, complaining of faults in the inilru- ment, which had betn ufed in fixing the north ftation on Delawai-e. The proprietors, on the other hand, thmk they * The lame who left the qnakers, and took orders in the church of England. Burnet's liift. of his own times. THE HISTORY have anfwerecl his objc(ftions, ami the matter rcftcd, with- out much conteiiiion, till the year 1740. Freijucnt quarrels multiplying after that period, 1 elating to tlie rights of foil and juriluiction fouiinvard of tlie line in 1719, a proba- tionary act ^vas palled in New-Jerfey, in February, 1748, for nmnijigthe line ex parte, if the province of N*e\\'-"V ork rcfafed to j(jin in the work. Our aflcmbly, foon after, di- rectcvl their agent, to oppofc the king's confirmation of tliat act ; and it was accordin^^ly dropped, agreeably 10 ihc advice of Liic lords of trade, whofc report of the rSth of July, I75^> on a matter of fo much importance, ^viil doubtlefs be acceptable to the reader. " To the King's mofl: excellent majefty : " May it plcafe your majefty, ** W/^ have lately had under our confideration, an atfl \ V p.!v-Jerrey in 1747-8, entitled, < An Zi^\ for running and afcertanung the line of partition anddivifion betwixt this piovince of New- Jcrfey, and tlie province of New-York.' And having been attended by mr. Pai is, folicitor in be- half of the proprietors of the eademdiviiion of Ncw- jcrfey — with mr. Hume Campbell, and mr. Henley, his counfel, in fupport of the fd'id a(*l — and by mr. Charles, agent for the province of New-York, with mr. Forrcller, and mr. Pratt, his counfel, againft the faid ac't ; and heard what each parry had to offer thcreupou ; we beg leave humbly to re- prcfent to your majefty, that the confideraiions which arife lipon this ac^, are of two forts, viz. fuch as relate to the principles upon which it is founded, and fuch as relate to {he tranfactions and circumftances w hich accompany it. As to the firft, it is an acl of the province of New- Jer- fey, interefted in the determination cf the limits, and in the confequential advantages to arife from it. " The province of New-Jerfey, in its diftincl and fepa- rate capacity, can neither make nor eftablifti boundaries : it can as litrle prefcnbe regulations for deciding differences hetween iifelf and otlier parties concerned in intereft. The eftablifhed limits of its jurifdic'tion and territory, m*e fuch as the grants under which it claims have afligned. Jf thcfe grants are doubtful, and differences arife upon the conftrucftions, or upon the matters of them, we humbly ap- prehend that there are but two methods of deciding them ; either by the concutTcnce of all parties concerned in in* teveil, gr by the regular and legal forms of judicial pro- O F N E W-Y R K. eeedings : and it appears to us, that the metliod of ptx>- ceeding muft be deiived from the immediate authority of the crown itfelf, lignified by a comniiflion from your ma- jcdy under the g^ eac feal : the commiHion of fubordinate officers and of derivative poAvers bemg neither competent nor adequate to fuch purpofes : to judge otherwife would be, as we humbly conceive, to fet up fx /-^jr/t.' determinations and incompetent jurifdicitions in the place of jullice and legal authority. If the acl of New-Jerfey cannot conclude other parties, it cannot be eifedtual to the ends propofed ; and that it would not be effeClual to form an ablolute decifion in this cafe, the legillaturc of that province feems fenfible, whiHl it endeavouis to leave to your majefty's determination, the decifion of ojie point relative to this matter, aiid of con- liderable importance to it ; which power your majefty can- not derive from them, without their having the power to eftablifh the thing itfelf, without the afliflance of your ma- i^^y- ... As we are of opinion, that the prelent atfl, without the concurrence of otherparties concerned in interelt, is un- warrantable and inel?ccl:aal ; we fhall, in the next place, confider what tranlac^tions and proceedings have palTcd, to- wards obtaining fuch concurrence. The parties interefted are your majefty and the two provinces ofNew-Ycr k and New^-Jerfey. yourmajeily is interefted with refpecc toyourfovereignty, feigncurie, and property ; and the faid provinces with refpect to their go- vernment and j ari fdiclrion. With regard to the trunfadtions on the part of New- York, we beg leave iO obferve, that whatever agreements have been made fo' merly between the two provinces for fettling their boundaries ; whatever at^rs of aflembly have pafled, and whatever commiflions have been iflued by the refpedlive governors and governments ; the proceeding's Under them have never been perfected, the work remains unfuiiflied, and the dil'purcs between the two provinces fub-* lilt with as much contradic^tion as ever, but tiiere is a cir- cnmftance that appears to us to have ftill more weight, namely, that thofe tranfa^tions were" never properly wra-- ranted on the part of the crown : the crown never partici- pated in them, and therefore cannot be bound with refpeet to its interefts by proceedings fo authorized. The intcjreft, which you" majefty has in the determi- nation of this boundary, may be coufidered in three lights i either as iiiterefts of foverei^nty, refpec^in;^ niere govern- )G4 T il ^ H I S T O R Y i meat ; of fciirncuric, which refpedt efcheats, and quit-rents ; J or of property, as relative to tlic foil itlelf ; which lalt iii- terclt, takes place in fuch cafes, wlicrc either your majclly has never nrade any grants of the foil, or where fuch gi anis have by efclieats reverted to your niajtlly. Witli rc;!;ard to the firli of thcle interefls, viz. tint of fovereii;nry, it has been alleircd to us, in fupport of the &dt, that it is not materially aifccted by the queRion, as both provinces are under your niajcity's iinincdiatc direction and government: but they Hand in a very different lii;ht with re- fpect to your majclly's intcrcll in tlic quit-rents and ef- cheats ; in both which articles the fituation of the two pro- vinces appjars to us to make a very nratcrial alteration : for aklioui];h the province of New- [erlc'v is not under regula- tions of propriety or charter witli refpect to its government, yet it is a proprietary province, with refpeOt to the gi ant and tenure of its territoiy : and confeqnently as New- Y ork is not in tirat predicament, the determination of the bounda- ry, in prejudice to that province, will affect your majelbj''* intcrcll with rcfpec't to the tenure of fnch lands as are con- cerned in this quelHon : it being evident, that whatever diltriots are fnppofcd to be included in the limits of New- Jcricy, will immeiliately pafs to the proprietors of that pro- vince, and be held of them, by which means your mnjclty Would be deprived of your efcheats^and the quit-rents would pafs into other hands. To obviate this objection, it has been alleged, that the crown has already made abfblute grants of the whole terri- tory that can pofnhly come in queltion under the denomi- nation of this boundary, and relerved only triMing and in- tonfiderable quit-rents on thofe grants. But this argument does not fecm to us to be conclnfive, fince it admits an inter- eft in your majeriv, the greatricfs or fmallnefs of which is merely accidental ; and therefore does not altect the ellence of the queftion: and we bec^ leave to obferve, that in the cafcof cxorhiiantgrants wich inconfidcrable quit-rents — and w here confcqucntly it may rcafonably be fuppofed, that the crown has been deceived in fuch grants by its officers ; your majeity's contingent right of property, in virtue of yoia- feigueuiie, feems rather to be enlarged than dimi- niilieJ. " This being the cafe, it appears to us, that governor Htinter ought not to have iflued his commiffion for running the line above mentioned, vvithout having pre vionfU- re- ceived the royal direction and inftniction for that puipofe; and that a comiiiillion, illUed without fuch authoxity, cJtt* d F N E W-Y O K 16 be confidered, with refpedt to the interefts of tlie crown, in no other light than as a mere nullity : and even with refpedt to New-York, weobferve, that the faid commillion is quef- tionable, as it does not follow the direvflions of the above- mentioned acl, pafled in 171 7, which declares, that the commiffion to be ifllied, fhall be granted under the joint authority of the governor and council of that province. But it has been further urged, that the crown has fincc confirmed thefe tranlacfllons, either by previous declarati- ons or by fubfeqiient acquiefcence, and confequently parti- cipated in them, fo far as to concl.ide itfelf : we fhall there- fore, in the next place, beg leave to conlider the circum- ftances urged for this purpofe. It has been alleged, that the crown, by giving confent to the aforefaid acl, pafled in New- York in 171 7, for pay- ing and difcharging feveral debts due from that colony, &c. concluded and bound itfelf, with refpcd: to the fubfequent proceedings had under the commiflion iflued by governor Hunter : bat the view and purport of that aA appears to us fo entire, and fo diftinrtly formed for the purpofe of raifmg money and eftabliflilngfands — fo various and fo dif- tin(5l from any confiderarion of the difputes fubfilling in the two provinces, with refpe A to the boundaries — that we cannot conceive a iingle claufe, in fo long and fo intricate an atft, can be a fufficient foundation to warrant the pro- ceedings of governor Hunter fubfequent to it, without a Ipecial authority from the crown for that pui-pofe : and there is the more reafon to be of this opinion, as the crown, by giving its afllnt to that aiil, can be conftrued to have af- fented only to the levying money for a future purpoft ; which purpofe could not be effed:ed by any commiffion, but from itfelf ; and therefore can never be fuppofed to have, thereby, approved a commiffion from another authority, which was at that time already ifliied, and carrying in exe- cution, previous to fuch affent. We further beg leave humbly to reprefent to your majeflry, that the line of partition and divlfion between your majelty's province of New-York and colony of Connec- ticut, having been run and afcertained, purfuantto the di- recHons of an ad:, pafled at New-York, for that purpofe, in the year 1 719, and confirmed by his late majefty in 1 723 ; ' the tranfatilions between the laid province and colony, upon ; that occafion, have been alleged to be fimilar to, and urg- ed as, a precedent, and even as an approbation, of the mat- ter now in quellion : but we are humbly of opinion, that i the two cafes are materially and efl^entially different. The t66 THE HISTORY, &c^. act paflcd in New-York, in 1 719, for running and afcertain- ing the lines of partition and divifion between that colony and the colony of Connecticut, recites, that in the year 1683, the jTovernoi- and council of New-York, and the go- vernor and commiirioners of Connecticut, did, in council, conclude an agreement concerning the boundaries of the two provinces ; that, in confequeuce of this agreement, conimiflioners and furveyors were appointed on the part of each government, wiio did actually agree, determbie, auJ afceriain, the lines of partition ; marked out a certain part of them, and lixed the point from whence the remaining part ihould be run: that the Icveral things agreed on and done by the faid coimniflioners, were ratified by the re* fpcvftive governors — entered on record in each colony, in March 1700 — approved and confirmed by order of king William, the third, in his privy council — and by his (aid majelly's letter to his governor of Xew-York. From this recital it appears to us, that thofe tranfactions were not on- ly carried on with the particijTation, but confirmed by the cxpref} act and authority of the crown ; and that confirmar tion made the foundation of the act, palled by New#York, for fettling the boundaries between the two provinces ; of all which authority and foundation, the aCt, we now lay before your majclty, appears to us to be entirely dellitutff. Upon the whole, as it appears to us, that the aCt in queftion, cannot be erfcclual to the ends propofed — that your majeily's interelt may be materially alfec'ted by it — and that the proceedings, on which it is founded, were not warranted in the firll inftance, by the proper authority, but carried on without the participation of the crown ; we cannot think itadvifable, to lay this act before your inajef- ty, as fit to receive your royal approbation. Which is moft humbly fubmitted, Dunk Halifax, " J. Grenville, Whitehall, James Cfwald, July 18, 1753. " Andrew Stone. THE HISTORY OF NEW- YORK. •» PART V. from the year 1 720, io the conwiencemenf of the adminiflra- tion of colonel Cojby, WILLIAM BURNET, efq. took upon him the govern- ment of tliis pro ince, on the 1 7th of September, i "Jiq, The council named in his inftructions, were Colonel Schuyler, Mr. Barbaric, Colonel Depeyfter, Mr. Philipfo, Captain Walter, Mr. Byerly, Colonel Beekman, Mr. Clarke, Mr. Van Dam, Dr. Johnfton, Colonel Heathcote, Mr. Harifon. Mr. Burnet was a fon of the celebrated bifhop of that name, whofe piety and erudition, but efpecially his zeal ind acftivity, for the glorious revolution and proteftant fac- ceffion, will embalm his memory to the moft diftant ages. The governor was a man of fenfe and polite breeding, a Nvell-read fcholar, fprightly, and of a focial difpofition. Being devoted to his books, he abftained from all thofe ex- :eftes, into which his pleafurable relifh would otherwife lave plunged him. He ftudicd the arts of recommending ilmfelf to the people, had nothing of the morofenefs of a gholar, was gay and condefceuding, affccfced no pomp, but r63 THE HISTORY vifited every family of reputation, and often diverted hini- fclf in free conver(c Nvith the ladies, by whom he was very much admired. No governor, before liini, did fo niuthbufi- nefs in chancery. Tlie ofhce of chancellor was his delight. He made a tolerable figure in the exercile of it, though he was no lawyer, and had a foibl? very unfuitable for a judge, I mean his refoUing too (ptedily, for he uied to fay of iiim- lelf, act firll, and think aftcl•^vards." He fpoke, how- ever, always fcnfibly, and by his great reading was able to make a literary pai ade. — As to his fortune, it v^as \ery in- confiderable, for he fullered much in the fouth fea fcheme. Wliile in England, he had the office of comptroller of the culloms at London, which he refigned to brigadier Hunter, as the latter, in his favour, did the government of this ancl the colony of New-Jerfey. Mr. Burnet's acquaintance with that geniicman gave him a fine opportunity, before his ar- rival, to obtain good uitclligenre both of pcrfons and things. The brigadier recommended all his old friends to the favour of his fueceflbr ; and hence we find that he macie fevr changef amongd them*. Mr. Morris, the thief jultice, was his principal confidant. Dr. Coldcn and mr. Alexander, two Scotch genilemen, had the next place in his efleem. He fhowed his wifdom in that choice, for they w ere both men of leaniing, good morals, and folid parts. The former was w ell acquainted v ith the affairs of the province, and particularly thofe w hich concerned the French in Canada and our Indian allies. The latter was b; ed to the law ; and though no fpeakcr, at the head of his profeflion for fagaci- ty and penetration ; and in application to bufmefs, no man could furp^ him. Nor was he unarquainTed with rhe affairs of the public, having fei-ved in ihe fecretary's office, the beft fchool in the province, for irffruction in matters of government ; bccaufe the fee eia y enjoys a plurality of offices, converfant \vi h the fi ft lprir;gs of our provincial ecoiwiny. Both thofe geu:lei7.en mr. Burnet foon laifed to the council board, as he alfo did mr. Morris, jun. mr. Van Horn, wiiofe davi^hrer he married, and mr. Kennedy, who fuc eeded Byei ly, both at the council board, and in the of- fice of receiver-general. * Colonel Schuyler and mr. Philipfe were, indeed, re- moved from the council board, by his reprefentations ; and their oppofmg, in council, the continuance of theaflembJy^ after lus arrival, was the caufe of it. OF N E \V - Y O K K. . Of all our governors, none had fucli extenfive and juft views of our Indian aftah s, and the dangerous neighbour-r hooci of the French, as governor Burnet, in which mr. Li- \ingfton was his principal alliftant. Fis atienlion to thefe matters appeared at the very commencement of iiis adminif- tration ; ior in his fiiit Ipeech to the allenibly, the veiy fall after his arrival, he laboured to implant the lame fenti- meiits in the brealls of the membeis ; eiideavouiing to a- larm their fears, by the daily advances of the Frei^ch, their pofleiling the main palles. feducirjg our Indian allies, and encreaiing their new feitlemenis in Louilania. Chief jultice Morris, whofe inliucnce was very great in the houle, drew the addrels in anfwer to the governor's fpeech, which contained a pailage manifefting tiie confi- dence they repofjjdin him. " We believe that the fon of that worthy prelate, fo eminently inftrumencal, inider our glo- rious monarch, William the third, in delivering us froiu arbitrary power, and its concomitants, popery, faperili- tion and flavery j has been educated in, and pollcHes, thole principles, that fo juftly recommended his father to the council and confidence of proteftant princes ; and fuc- ceeds our fonner governor, not only in power, but inclina- tion to do us good." * From an alTembly, imprelled with fuch favourable fenti- ments, his excellency had the higheft reafon, to expedt a fubmiilive compliant j, with every thing recommended tQ their notice. The public bufniefs proceeded without fufpi- cion or jealoufy, and nothing intervened to diilurb the tranquillity of the political llate. Among the moft remark- able acls, palled at this leilion, we may reckon that, for a five years fupport ; another for laying a duty of two per cent, prime coll, on the importation of European goods, which was foon after repealed by the king ; and a third, for prohibiting the fale of Indian goods to the French. The lafl: of thefe w as a favourite adl of the governor's, and though a law very advantageous to the province, became the fource of an unreafonable oppolition againll him, which continued through his whole adminillration. From the conclulion of the peace of Utrecht, a great trade was carried on between Albany and Canada, for goods falesble among the Indians. The chiefs of the confederates wifely forefaw its ill confeciuences, and complained of it to the commifiioners of Indian affairs*, who wrote to mr. Hunterj The governor's relidhig at Nev.^ York^, rendered it |ie- 17® THE HISTORY acq'iaintii)^ him of their difI'itisfa(!^ion. The letter was laid bctbre the honfe ; but no efFc(ftu:il ftep taken to pre- vent the mifchicf, till the pr-fTtne; of this act, which fub- jec^tetl thctnulers to a forfeiture of the efte6:s fold, and the penalty of one hinulrcd ponnds. Mr. Burnet's fclienie was to draw the Indian trade into onr owni hands ; to obftruA the coinmunicarioii of the Frcncli witli our allies, u hich gave them frcqaent opportunities of fcduring tlicm from thei:- fiJcliLy ; and to rcj»;ain the Cagiinuagas, who became interclled in their din»iledtion, by beinc, the carriers be- tween Albany and Montreal. Among thoie who were more innnedialcly prejudiced by this new reonlation, the im- portens of thofe goods, from K.urope, were the rhief ; and hence the Iprin c^ of their oppofirion to the governor. All poifible arts were nfcd, both here and at home, to prefcrve tlie sjood temper oi'tlie allembly. Brijradicr Hunter ;^avc the niini!tiy fuch lavourablc accoiiuis of the members, that colonel Schuyler, durin;:; his prcIidenrlJiip, had orders from mr. fccretary Cragi^s, neirlier to diflolve them him- felf, nor permit them to be dlflolved ; and at the fpring fcition, in the year 1721, mr. Buniet informed them, that his continuance of them, was highly approved at home. ■ . .. cefliiry, that fonie pcrfons fliould be cojnmilUoncd, at Alba- ny, to receive intelligonce from tlie Indians, and treat with them upon emergencies. Tins gave rife to the office of com- miflioners of Indian afrairs, w ho in general tranfac'^t all fuch' ni:?*ters as might be done by the governor. They receive no falaries, but confidcrable Anns are depofircd in their Irands for occafional prefcnts. There are regular minutca 1 of their tranfacliions from the year 167^. Tliefe were in feparate quires, till mr. Alexander, v/ho borrowed them \ for his pcrufal in 1751, had them bound r.p in four large | volumes in folio. Here all our Indian treaties are entered. The books are kept by a Iccretary% commilRoned in Kng- iand, wI\ofe appointment is an annual falaryof one hundred pounds proclamation out of the quit-rents. The command- ant at Ofv.ego is generally a commiflioner. The office would probably have been more advantageous than it has been, if the commilnoners were not traders themfelves, than which nothing is more ignoble in the judgment of the Indians. Sir William Tohnfon is at prefent the fole commif- fioner, and within nine months after the arrival of gene- ral Braddock, received iO;OCol. ilcrlingto fecure the Indi- an intereft. OF NEW - YORK. Heratlo Walpoie, the auditor-general, who had appointed mr. Clarke for his deputy, thought tliis a favourable con- juncfture, for procuring five per cent, out of the treafury. But the houfe was avcrfe to his application ; and on the ad of June, Abraliam Dcpeyfter, jun. was appointed trea- furer by the fpeaker's warrant, widi the confent of the go- vernor, in the room of his father, wiio was infirm ; upon which he entered into a recognizance of 5000I. to the kLag, before a judge of the fupreme court, for tiie faitliful execution of his trull, which was lodged in the fecretary's office. Tlie houfe at the fame time, in an addrcfs, declared their willingnefs that the treafurer fhould account ; but utterly refufed to admit of any drafts upon tlie treafu- ry, for the auditor-general, wlio was cotiilrained to de- pend entirely upon the revenue, out of wiiicli lie received about 200I. per annum. Mr. Burnet being well acquainted with tlie geography of the country, wifely concladcd, that it was to the laft de- gree necellary, to get the co'umand of the great lake Onta- rio, as well for the benefit of the trade, and the Iccuriiy of the friendfhip of the five nations, as to frustrate the French defigns, of confining the Englifli colonies to narrow limits, along the fea coaft, by a chain of forts on the great paGes from Canada to Louifania. Towai'ds the fabvcrfion of this fchenie, he began th<" ert ction of a trading houl'e at Ofwe- go, in the county of the Senecas, in 1722; and recom- mended a provifion for the refidciice of rrufty perfons a- mong them, and the Onondagas, which laft pofiefs the cen- tre of the five cantoni. Thh year was remarkable for a con- grefs of feveral governors and commifiioners, cnthc renew- al of the ancient friendfliip with the Indians at Albany. Mr. Burnet prevailed upon them to lend a mcfiage, to threaten the eaitern Indians witli a war, unlcfs they concluded a peace with the Kngliili, who were very much harrafiid ' by iheir frequent iiTuptioiis. On the 2Gth of JMay, in the year following, the confederates were augmented by their reception of above eighty Nicariagas, bendes women and children, as they had been fonnerly, by the addition of the Tufcaroras. Thecomicry of the Nicariagas was on the north fide of Millilimakmack ; but the Tufcaroras poflefied a trade of land near the fources of James's river, in V^irginia, from whence the encroachments of the Englifii hiduced them to remove, and fettle near the foutli-eait end of the Oneyda lake. The ftrict union fubfifting between the feveral branches of the legiflature;gave a handle to mr.Burnet's enemies to ex- THE II I S T O K Y cite a clamour ac;am{l him. Jealoufics were induftrioufl^ foWn ill the breaRs of the people. The continuance of anaflembly^ after the ^ccefTion of a new governor, was re])rcfentcd as an anLi-coniHtutional projc, JL the 29th of Oelrober, referring to us a petition of fe- vcral merchan-s in London, prcfcnted to the king's moft excellent majcfty, againft renewing an act paHed in tliis province, entitled, An acft for encouragement of the In- dian trade, rnd rendering it more efTec^tual to the inhabi- tants of this province, and for prohibiting the felling of In- dian goods to the French :" as likewife the levcral allega- tions of the faid merchants before the right honourable the. lords of trade and plantations, we beg leave to make the following remarks. * In order to make our obfervations ttie more diftincl and clear, we fhalLgather together the feveral aflertions of the fiid merchant?, both in their petition, and delivered ver- bally before the lords of trade, as to the fituation of this province, wi:li refnecl; to tlie French and Indian nations ; 6 F N El W - Y O R ^C. Snd obfei've on them, In the firft place, they being the foundation on which all their other allegations are ground- ed. Afterwards we fhall lay before your excellency, what we think neceflary to obferve, on the other parts of the faid petition, in the order they are in the peLiiion, or in the re- port of the lords of trade. * In their geographical accounts they fay, <^ Befides the nations of Indians that are in the Englilh intereft, there are very many nations of Indians, who are at prefent in the intereitof the French, and who lie between New York and the nations of Indians in the EngliOi interell. The French and their Indians would not permit the Englifh In- dians to pafs over by their forts.'* The faid adl reftrains them (the five nations) from a free commerce with the in- habitants of New York.'* The five Indian nations are fettled upon the banks of the i-iver St. Lawrence, diretftly oppofite to Oiiebec, two or three hundred leagues diilant from the neareft Britiftl •iettlements in New York.'* They (the five nations of Indians) were two or three "hundred leagues diftant from Albany ; and that they could not come to trade with the Englifh, but by going do\vn the river St. Lawrence, and from thence through a lake, whiclv brought them withir eighteen leagues of Albany." ^ Tliefe things the merchants have thought it fafe for them, and conlillent with their duty to his facred majefty^ to fay in his majefty's prefence, and to repeat them after- wards before the right honourable the lords of trade, though nothing can be more direiflly contrary to the truth. For there are no nations of Indians between New York and the nations of Indians in the Englifh intereft, who are now fix in number, by the addition of the Tufcaroras. The Mohawks (called Annies* by the French) one of the five nations, live on the fouth fide of a branch of Kudfon's ri- ver, (not on the north fide, as they are placed in the French maps) and but forty miles dircCViy weft from Albany, and withm the Engliih fettlements ; fome of the Englifli farms, upon the fame river, being thirty miles further ■weft. The Oneydas (the next, of the five nations) lie like- wife weft from Albany, near the head of the Mohawk's ri- yer, about one hundred miles from Albany. The Ononda- ' gas lie about one hmidred and thirty miles weft from Al- - bany ; and the Tufcaroras live paitly with the Oneydas, and * Ao-nies. z 174 THE HISTORY partly with the Onorulagaa*. The Cayugas ai e abont on« hundred aiul fixty miles from AVbany ; ajid the Senecas, (the furthelt of all tliefe notions,) arc not above two hun- dred and iDrty miles fVoni Albany, as may appear from mr. dc L'lfle's map of Louifaiiia, who lays down the five nations under the name of Iroquois : and goods are daily carried, from this province, to the Seuccas, as well as to tuofe nations tliat lie nearer, by water, all the way, except tliree miles (or, in tlie dry feaibiis, five miles) where the traders cai-ry over land between tlie Mohawk's river and the Wood creek, which runs into the Oneyda's lake, without going near either Sr. Lawrence river, or any of tlic lakes upon which the French pafs, which are entirely out of tlieir way. * The nearell French forts, or fcttlements, to Albany, arc Chambly, and Montreal, both of them lying about north and by cAi from Albany, and are near two hundred miles diltant from it. Q^iiebec lies about three hundred and eighty miles north-eail from Albany. So far is it from being true, that the five nations are fituated upon the banks of the river 6t. Lawrence, oppofiie to Qiiebec, that All^any lies almoft directly between Quebec and die five nations; And to fay that thefe Indians cannot come to trade at Al- bany, but by going down the river St. Lawrence, and theu into a lake eighteen leagues from Albany (we fuppofe they mean lake Cliamplain) paifing by the French forts, is to the fame purpofc as if they lliould fay, that one cannot go from London to Briftol, bat way of Edinburgh. * Before we go on to obferve other particulars, we beg l("ave further to remark, that it is fo far from being true, that the Indians in the French intereft, lie between New- York and our five nations of Indians ; that fome of our nations of Indians lie betw een the French and the Indians, from whence the French bring the far greatelt quantity of their furs : for the Senecas (whom the French call Sonon- touonsf ) are fituated between lake Erie and Cadaracqui lake, (called by the French, Ontario) near the gi-eat fell ofI.\garat, by wliich all the Indians that live round lake Erie, round the lake of the Hurons, round the lake of the Illinois, or Michegan, and round the great upper lake, * De L'Ifle. f Ifonnontouans. X Sometimes Oniagafa, Ocluiiagara, but commonly Nii* gara. O F N E W - Y O R K. 175 j generally pafe in their way to Cana^^a. All the Indians fitu- ! ated upon the branches of the Milliflippi, muft likewife I pafs by the fame place, if rhey go to Canada. And all oF j them, likewife, in their way to Canada, pafs by our trad- I iiig-place upon the Cadaracqui lake, at the mouth of the I Onondaga river. The neareft and fafeft way of carrying i goods upon the Cadaracqui lake, towards Canada, being i along the fouth fide of that lake, (near where our Indians I are fettled, and our trade of late is fixed) and not by the i n«rth fide and Cadaracqui, er Frontenac fort, where the French are fettled. ' Now that we have reprelented to your excellency, that not one word of the geography of thefe merchants is true, upon which all their realbning is founded; it might feem needlefs to trouble your excellency with any further re- marks, were it not to fhow with what eameftnefs they are promoting the French intereft, to the prejudice of all his, majefty's colonies in North -America, and that they are not -aihamed of ailerting any thing for that end, even in the royal prefence. * Firft they fay, That by the ad; pafled in this province, entitled, < An aift for the encouragement of the Indian trade, lie* all trade wharfoever is prohibited in the ftndteft man- ner, and under the fevereft penalties, between the inhabi- tants of New-York government, and the French of Ca- nada." ' This is not true ; for only carry ing goods to the French, I which arc proper for the Indian trade, is prohibited. The I trade, as to other things, is left in the fame ftate it was be- I fore that act was made, as it will appear to any perfon that fhall read it : and there are, yearly, large quantities of other goods, openly, carried to Canada, without any hindrance from the government of New-York. Whatever may be laid i of the feverity and penalties in that ad:, they are found in- to the French ; anel the legiflatm-e of this province ai e con- vinced, that no penalties can be too fevere, to prevent a trade, which puts the fafety of all his majefty's fubjeds of ! Korth America in the greateft danger. ^ Their next allertionis, All the Indian goods have by this act been raifed 25I. to ;ol. per cent." This is the only i allegation in the whole petition that there is any groiuid I for. Neverthelefs, though the common channel of trade cannot be altered without fome detriment to it in the be- ginning ; we are allured from the cuftom-houfe books, that there has been every year, fiace the paffing of this ad, more I fufficient to deter fome from goods clandeftinely 176 T H E H I S T O R y | fairs exported from Nc"\v-Yoik, tlian in tlic year immedi* j ately bctbrc the pafiing of this act. it is not probable tliat the grcatelt diffcicncc between tlie exportation, any year befo. e this act, and any year lince, could lb much alter the price ot beaver, as it is lound to be this laft year. Beaver IS carried to Britain from other parts befides New- York, and it Is certain tiiat the price of beaver is not fo nmch al- tered here by the quantity in our market, as by the de- jnanil for it in Britain. But as w e cannot be fo well inform- ed hei e, what octafions b-aver to be :n greater demand in Britahi, we mult leave that to be enquired after in Kneland. Howevc'r, \vc are fully Ihtislied, that it will be founa tobe for very different rtalbns from w hat the merchants allege. ^ Tlij ini;rchants go o;i and f.iy, " Whereas, on the other hand, tliis b.anch of the New- York trade, by the difcour- agemeots bj ought upon it by this act, is almolt wholly en- groflsd by the r'rench, who have already by this act, been cncour.igcd to fend proper European goods to Canada, to carry on this tiade, fo that flioulil this act be continued, the New-York trade, which is very confiderable, muft be wholly loft to us, and centre in the French. — Though New- Yoik fliould not fin iiiih them, the French v ould fijid an- other way to be fapplied therewith, either from fomc oilier of his majefty's plantations, or, it might be, direcftly from x^urope. — Many of the goods, which the Indian* want, bting as eafy to be had directly from France or llol- land^as from Great-Britain." * This is eafily aiifwered, by informing your excellency, that the principal of the goods proper for the Indian maiy ket, a . e or.ly of the manafac^tares of Great-Britain, or of the Bri:.ilh plantations, viz. ft. ouds, or ftroud-waters, and other woolens, and rum. — The French muft be obliged to bay all their w oolens (the ftrouds efpecially) in Eng- land, and rhence carry thera to France, in order to their tranfpot ration to Canada. ' The voyage to Quebec, through the bay of St. Law- rence, is well known to be the moft dangerous of any in the ■wo Id, and only practicable in the fummer months. The French have no commodities in Canada, by reafon of the cold and barrennefs of the foil, proper for the Weft India markets ; and therefore have no rum but by veflels froHi France, that touch at their ifiands in the Weft Indies. New- Y'ork has, by reafon of its fituation, both as to the lea and the Indians, every way the advantage of Canada. The New- York veflels make always rsvo voyages in a year from Eng- land^ one in fummer^ and another in winter, and fevered OF NEW-YORK. 177 voyages in a year to the Wcft-Indies. It is manifeflr, there- fore, that it is not in the power of the French to import any goods near fo cheap, to Canada, as they are imported to New- York. ' But to put this out of all controverfy, we need only obfei*\'e to your excellency, that itrouds (wdthour which rio confiderable trade can be carried on w'vAi the Indians) are fold ac Albany for lol. a piece: they were fold at Mon- treal, before this att took place, at 13I. 2s, 6d. and now tliey are fold there for 25I. and upwards ; which is an evi- dent proof, that the French have not, in thele four years time, (during the contiiuiraice of this act) found out any other way to luj^ply themfelves with llrouds ; and likewile that they cannot trade without them, feeuig they buy them at fo extravagant a price. * It likewile appears, that none of the neighbouring co- lonies have beeii able to fapply the French with ihefe goods ; and thofe, that know the geography of the coun- try, know it is impracticable to do it at any tolerable rate, becaufe they muft carry their goods ten times further by land than we need to do. * We are likewife afliired, :hat the merchants of Mon- treal lately told nnr. Vaudreuil, their governor, that if the trade from Albany be not by ibme mean or other encour- aged, they muft abandon that fettlement. We have leafon, therefore, to fufpe(ft, that thefe merchants (at leaft fome of them) have beenpracufed upon by the French agents in Lon- I don; for no doubt, the French will leave no method un- 1 tried to defeat the prelent deligns of this government, fee- j ing they are more afraid of the con fequences of this trade i between New-York and the Indians, than of all the warlike ; expeditions that ever WTre attempted agai nit Canada. * But to return to the petitioners. They conceive nothing can tend more to the withdrawing the affecftions of the five nations of Indians from the Englilh interell, than the continuance of the faid acT, which in its effects reftrains them from a free commerce with the inhabitants of New- York, and may too probably eltrange them from the Eng^ lilh intereft ; whereas, by a freedom of commerce, and ai^ encouraged intercourfe of trade w ith the French and their Indians, the Englilh intereft might, in time, be greatly im- proved and Itrengthened." * It feems to us a ftrange ai'gument to fay, that an a(ft, the whole purport of w hich is to encourage our own peo- ple to go among the Indians, and to draw the far Indians ^ ^irough our Indian country to Albany (an^ wliich has tvul/ T II n HISTORY produced tliefe efFeifts) would, on the contrary, rcftrain them f rom a tVee coauiierce with the inhabitants ofNe^- "York, aiiJ may too piobably eft. ange them from the Eiig- Yiih iiitcrciV ; iMid tficielo. t t'lat it would be mucli wifer in us, to make um? of tlic French, to promote tiic Knglifli in- €ereft ; and for which ciul, ue ought to encourat^c d free inrcrcouilb between tliem and our hidians. Thercverfe of tliis is exactly tn.t, in the opinion of our five nations; wlio, iji all llicir p iblic neaiies with this (rovcrnmeiK, have reprefeiued agniull tlds trade, as the building the Kiench /ort8 Willi KiigUlli ftrouds : that the encouraging a free- dom of commi-vce wich our Indians and the (ndiaiis round them, w ho mull jials throiic;h their country to Albany, woidd certainly incrcafe boih the tngllfh interelt and theirs, among all the r.arlons to the wcltward of them ; and that the carrying the Indian market to Montreal in Canada, dixiws all the far Indians thitlicr. * The lalt thing we iuive to take norice of, is what the merchants aliened before the lords of trade, viz. That there h \s not been half the qi;^n:iry of European goods ex- ported Hnce the polling of this act, that uled to he." — ' We are well aftiired, that this is no belter grounded than the above facts they allert w ith the fame pofuivenefs. For it is well Iviiown, ahttoH: to every j)erfon in New- York, that there has not be^n a lefs, b'lt rather a gi'eater quantity of European goods imported into this ])lace, fnice the fafling of this act, than was at any time before it, in the fame fpace of time. As this appears by the manifefts in the cuftom-houfe here, the Ikme may likcwife be eafily pi'ovcd by the cuf- tam-ho"::r3 books in London. ^ As all tlicarguments of the merchants run upon the ill efFedts this sict has had upon the trade and the minds of the Indians, eveiy one of which we have fliown to be aflerted, without: the leaft foundarion to fupport them ; there nothing nov/ remains, but to l>iow the good effects this ac^t has produced, which are fo notorious in thi> province, that vflc Know not opie perfon that now opens liis moutli againft tlie act ^ Before this act palTed, none of the people of this pro- vince travelled into the Indian countries to trade. We have BO.W above forty young men, who have beenfeveral times as far as the lakes a trading, and thereby become well acquaint- ed, not only with the trade of tlie Indiiuis, but likewife with their manners and languages ; and thofe have returned with fv.ch lavfTc quantities of furs, that greater numbers are refolved to follow theii* example ; fo that we have good OF NEW-YORK. rtfafon to hope, that m a little time, the EngKfti wHl draw the whole IiLdian ti ade of the ialand countries to Albany, aiid into the country of the five nations. This government! has built a public trading houle upon Cadaracqui lake, at Irondeqiiat in the Senecas land, and aiicther is to be buik, next fpring, at the mouth of the Onondagas river. All the far Indians pafs by thefe places, in their way to Canada ; and they are not above half lb far from the Englifh lettle- jnents, as they are from the French. * So far is it from being true what the merchants fay, That the French forts interrupt all conrmunicaricn be- tween the Indians and the Englifii that if theie places b* well fupported, as they ealily can be from our fettlements, in cafe of a rupture with the French, it will be in the pow- er of this province, to intercept the greatelt part of the trade between Canada and the Indians round the lakes and the branches of the Mifiilhppi. — Since this aclpafied, many nations have come to Albany to trade, and peace and fj iend- fhip, whofe names had not fb much as been heard of a- mong us. — In the beginning of May, 1 723, a nation of In- dians came to Albany, finging and dancing, with their ca* lumets before them, as they always do when they come to any place, where they have not been before. We do not find that the commiffioners of Indian affairs, were ablft to inform themfelvcs what nation this was. * Towards the end of the fa v e month, eighty men, be- lides the women and children, came to Albany in the Gxme manner. Thefe had one of our five nations w ith them for an interpreter, by whom they infonncd the cominiflioners, that they were of a great nation, called Nehkereages, con- lifting of fix caftles and tribes ; and that tlicy lived near a place called by the French, Mifiimakinah, between the up- per lake and the lake of the Hurons. Thefe Indians not only defired a free commerce, but likewife to enter into a ftrid: league of friendlhip W'ith us and our fix nations, that they might be accounted the feventh nation in the league ; and being received accordingly, they left their calumet aB a pledge of their fidelity. In June, another nation ari- rived, but from what part of the continent we have not learned. * In July, the Twightwies arrived, and brought an In^ dian interpreter of our nations with them, who told, that they were called by the French Priianncs, and that they live upon one of the branches of tiie river IMiffiiiippi. — At the fame time, fome of the Tahfagrondie Indians, who live be- Iween lake Erie and the lake Harons, near a French fettle^ \ THE HISTORY inent, did come and renew their league with the Englifh; nor durft the French hinder them. — Jn July this year, an- otlier nation came, whofe fiiuation and name wc kno\Y not ; ami in Auguft and September, fevcral jrarties of the lame Indians, that iiad been here lalt year : but the greatelt iiumbci s ot'thcfe far hidians have been met this year in tlic Jndian counii-y by our traders, everyone of them enrohibicion of tiie French trade ; and this led him into a Ilep, which, as it was a perfonal indignity, mr. de Lancey could never recol- lec't without refentment. 'i his gentleman was returned for the city of New- York, in the room of a dccealed member, at the meeting of the allcnd)ly in Scptend^er 1725. When he offered himlelf for the oaths, mr. liuniet afked him how lie became a f'ubject of the crown ? He anfwered, that he was denizened in Kngland : and his excellency dilinifled him, taking ti ne to confider the matter. Mr. de Lancey then laid before the houfe an ac't of a notary public, certi- fying that he was named in a patent of denization, grant- ed in the reign of James the lecond — a patent of the lame kind, under the great feal of this province, in 1686 — and two certificates, one of his having taken the oath of alle- giance, according to an acft palled here in 16S:;, andanotlier of his ferving iji feveral former aflemblies. The governor, in the mean time, confultcd the chief juftice, and traiif- anitted his opinion * to the houle, who refolved in favouf of mr. de Lancey. Seve-al other new reprefentatives came in, at this feflion, upon the deceafe of the old members ; and Adolph Philipfe, w ho was fometime before difinilled from the council board, was elecced into the fpeaker'g chair, in the abfence of mr. Livingfton. The majoiity, however, continued in the intereft of the governor ; and confented to the revival of the leveral acts, which had been paded for prohibiting the French trade ; which, in fpite of all the reftraints laid upon it, w as eland eftinely carried on by the people of Albany. Ofwego, iieverthelefs, grew * What colonel Morris's opinion was, I have not been able to dalcover. Govenior Burnet's condutfl was thought to be unconititutional, and an invafion of the rights of the affembly, who claim the exclufive privilege of determining the c[ualilications of their own members. OF N E W . Y O R K. fponfiderableforits commerce : fifty-feven canoes v. ent ther^ this fummer, and retnirned withfeveii hundred and thirty* leight packs of beaver and deer {kins. Nothing could more naturally excite the jealcufy of the French, than the erection of the new trading hcufe at the month of the Onondaga river. Fearful of lofing a profitable trade, which they had almoft entirely cngrofed, and the command of the lake Ontario, they launched two veilcis in it in 1726, and tranlported materials, for building a large ftore-hoafe, and repairing the fort at Niagara. The fcheme was not only to lecure to themfelves the entrance into the weft end of the lake, as they already had the eaftj, by the fraudulent erection of fort Frontenac, many years before ; but alfo to caiTy their trade more weiterly, and thus render Ofwego ufeiefs, by fliortening the travels of the weftern Indians, near two hundred miles. Baron de Lon- guiel, who had the cliief command in Canada, on the death of the marquis de Vaudreuil, in Ocftober 1725, was fo in- tent upon this projecft, that he went, in perfon, to the On- ondaga canton, for leave to raife the ftore-houle at Nia- gara : and as thofe Indians were moft of all expofed to the intrigues of the jefuits, who conftantly relided amon(;lt them, he prevailed upon them by fraud and falfe repre- fentations, to confent to it, for their prorecMiion agamit the Englifh. But as loon as this matter was made known to the other nations, they declared the permiffion g. anted by the ■Onondagas to be abiblutely void ; and fent deputies to Nia- jgara, with a mellage, fignifying that the countiy, in which they were at work, belonged folely to the Senccas ; and required them immediately to defift. The French, notwith- ftanding, were regardlefs of the embaflage, and pufhed on their enterprife with all pollible difpatch, while joncairc exeited all his addrefs among the Indians, to prevent the demolition of the works. Canada was very much indebted to the inceflant intrigues of this man. He had been adopted by the Senecas, and was well efteemed by the Onondagas. He fpoke the Indian language, as Charlevoix informs us, avecla plus fublime eloquence Iroquoife," and had lived amongft them, after their manner, from the beginning of queen Anne's reign. All thefe advantages he improved far the intereft of his coimtry ; he facilitated the miliiona- ries in their progrefs through the cantons, and more than any man contributed to render their dependence upon the Englifli, weak and precarious. Convinced of this, colonel Schuyler urged the Indians^ at his treaty widi theijn, ip. THE HISTORY 1719, to drive Joncairtf out of their country; but his en- deavours were IVuiilcfs*. The jclljit Charlevoix docs honour to mr. Bumct^ in de- claring that ht ].; ft no IVonc unturned, to defeat the French dcfi^is at Niagai-a. ^ or is it nuich to be wondered at. For befides fuj:n]antinn; his favourite trade at Ofwego, it tended to the defect: rn of the iive nations ; and in cafe of a rup- ture, cxpoleG tiiC frontiers of our fouthei n colonics to the ravages of the h I'cnch and their allies. Mr. J3urnet, upon ^vIlbm rhcfc coiiliderations r.inde the dcepell iniprcllion, laid the matter before the iioufV — renionit a:ed againft the proceedm^s to Lo;;[;uicl in Canada — wrote lo the niinifkry in Enffiand, wiio complained of them to the French court — and met the conlederates at Albany, cnrleavouring ro ronvir.ce thein '>(' the danc;'^r they, themfeh s, vould be in, from an afpirinc;, ambitiour, nei[dibour. lie fpoke firlt about thcafl'jir, ])riNatcIy to the fachems, and iftcrwards, in the public conference, informed tliem of all :iie encroach- ments which the Frciicli had n.ade upon the ir lathers, and the ill iifaiJC they had met with, according to la Poiherie'f account, publifiied witii the privilc^^rc of the French king, at Paris, in 1722. He then reminded them of the kind treat- ment they had received from tlie Knglifh, ho conPanilj fed and cloathed tiiem, ar.d never attempted any a<5t of holUlities to their prejudice. This fpcecii was extremely well drawn, the thoughts being conceived in flrong figures, particularly expreflive and agiceable to the Indians. The govemor required an explicit declaration of their fentii" ments, concerning the French ti-anfd(ftions at Niagara; and their answer was truly categorical. " We fpeak now in the n^me of all the fix nation 1, and con>e to you howling. This is the reafon why we howl, that the governor of Canada encroaches on our land, and builds thereon." After which they inrrcated him to write to the king for fuccour. Mr. Burnet embraced this favot:rable opparranity to procure from them a deed, furrende ing their country to his majcf- ty, to be protected for their iife, and confirming their grant in 17^1, concerning which there v. as only an entry in * The fame thing has fmce been frequently laboured, but to no parpcfe. Kis fon coiitinued the courfe of intrigues heg^un by the father, till general Shirley, w^hile he was at Onvego in 1755, prevailed upon the Senecas to order hiin to Canada. 6 V NPiW-YORK. t»7 the books of the {ecrst£iry for Indian affairs*., It happened very unfortunately, that his excellency's hands were theii more weakened than ever, by the growing difaffediion in the hou^e. The intrigues of his adveriarics, and the fre- quent deaths of the members, had introduced fuch a change in the aflembly, thaL it was with difiiculty he pro- cured a three years fapport. The clamours of thd people i^an ib high without doors for a new election, that he was obliged ro diflblve the houfe, and foon after another diflb- lution enfucd on the death of the king. The French, in the mean time, completed their works at Niagara: and nir. Bur^ net, who was unable to do any thing elle, erected a fort, in 1727, for the protec^tion of the polt and tiade at Clwego. This neceflary undertaking was pregnant with tlie moiV im- portant confequences, not only to this, but all our colonies ; and though the governor's feafonable activity defci-\ed the higheit teilimonials of our gratitude, I am alhamed to con- fers, what I am bound to relate, that he built the fort at his private expenfe, and that a balance of about 56I. principal, though frequently demanded, remains due to his eflate to tliis very day. Beanharnois, the governor of Canada, who fuperfeded Longuiel, was fo incenfed at the building of the fort, that lie fent a written lummons in July, to the officer pofted thei e, to abandon it ; and though his predcceflbr liad done the fame, a little before, at Miagara, in the country of the Senecas, the acknowledged fubjedls of the Britilli crov/nf * Befides the territories at the well end of lake Erie, and on the north fide of that, and the lake Ontario, which were ceded in 1701 ; the Indians now granted, for the fame pari3ofe, all their habitations from Ofwego to Cayahoga river, wiiich difembogues into lake Erie, and the country extending fixry miles from the Ibathermoft banks of thofe lakes. Though the firft furrender, through negligence, was not made by the execution of a formal deed under feal ; yet as it was tranla(fled with all the fblem.nity of a treaty, and as the fecond furrender confirms the firft, no intermecli- ate pofleflion by the French, can x^rejudice the Britifli title derived by the ceflion in 1701. f Though the fovereignty over the five nations was ceded to Great Britain^ and Charlevoix hlmfelf had ac- knowledged that Niagara was part of their country, yet the^ pious jefuit applarids the French fettlement there, which was fo manifvlii aii infra(ition of the treaty of f li E HISTORY jcty with a finjrular efrix>ntery, he difpatched de la Chaf- fdicme, a man of j>arts, and ji;ovemor of Trois Rivieres, to "New Yoik, wiLh the (^ror.aeii complaints to mr. Buniet \\]H)n thai head. His erccellei^cy fent him a polite, but rc- foliite anAver, on the eighth of Augull ; in which he re- •futed the ar will make up, qoaniiry for quantity, what fiudl diminlHicd as aforefaid." FiiriUunt to this arr. ccnient, fome of the lines were ac- lually run out, a:jd a rcjjort made of the fr.rvey, which, ou the 24th of Kebn.a.y 1684, was confirmed by the governor />f each colony, at Miiford in Connecticut. Here the matter j-eiled, till a difputc arofe toncennng tlic right of jurif- di(ftion over the towns of Rye and Bedford, which occa- Tioned a felicitation at home ; and on the 2^th of March 1700, king William w as pleafed to confirm the agreement in 16S.';. Nineteen years afrerwards, a prolxitio^ary adl was pafled, empowering the govemor to appoint commiflioiiers, as ■well to run the line parallel to Hiid Ton's river, as to re- fur\cy the other lines, and difUnzuilli the boundary. The Connecticut agent oppofed the king's cojifirmat ion of thjs act, ioijs viribus ; but it wasr.ppioved on the 2"d of Janu- ary 172 3. Two years after, the commifiioners and furveyors of both colonies met at Grecnwicii, and entered firfl in- to an agreement, relating to the mctliod of perforndng the work. The furvey was immediarely af^er executed in pait, the report being dated on the 12th of May 1725; hut the com- plete fen lement was not made till the 14th of May 17;!, when indentures, certifying the execution of the agreement in 1725, were mutually figned by the commifiioners and farveyors of both colonies. Upon the eftablifiiment of thig partition, a tract of land, lying on tiie Connccticnt fide, ronfifting of : bove 6o,odo acres, from its fig'jre called the Oblong, was ceded to New-York, as an equivalent for lands ne^-r the found, furrendered to Conncclicut*. The very day afier the furrcndcr, made by that colony, a patent palled in London to fir ]ofeph Eyles and others, in- tended to convey the whole Oblong. A grant, pofterior to ■die other, was alfo regularly made here, to Hauley and * See DoHgki5*s late plan of the Britilh dominions pf New England. OF N E W . Y G K K„ company, of the gr-eateft part of the fame trade, Vvliich the' Britilh pateiii-ees bioughtabill in chancery to rex>v.fil. But the defendants filed an ci.xfvver, coiuainhig fo many objec- tions a^aiiifc the Kngliih patent, that the iuit rei.iains Itill unproll^cuted ; and the /Vnieiican proprietors have ever lince held che poiieilion. Mr. Kariibn, of the council, fo- licited this contvoverfy for lir Jof-ph hylcs and his part- ners, which contributed, in a great decree, to the troubles, fb remarkable, in a facceeding adminiftration. Governor ^'ontgomerie died on the ift of July 17"! ; and beiii^ a man of a kind and hum::ne dilpofidon,his death was not a little lamenicd. TL j -h::f ccinmand then devolv- ed upon Rip Van Dam, eft}, he being the oldeii coanfellor, and an eminent merchant, of a fair edate, thoi'.gh diilin- guiflied mare for the integrity of his heart, than his capa- city to hold tlic reins of government. He took the oaths before Mr. Alexander, Mr. de Lanceyf , and IVlr. Van Korne, Mr. Courtlan'dt. Mr. Kennedy, This adminillration is unfortunately fignalizedby the memorable encroachment at Crown Point. An enemy def- pifed at firlt for his weaknefs, generally grows formidable for his acftivity and aft. This obfervation is true, applied to private periv^ns, religious feels, or public ftates. The French, in Canada, have always been jealous of the in- creafing ilrei gth of our colonies ; and a motive of fear led them, naturally, to concert a regular lyftein of conduct for their defence. Confining us to fcant limits along the lea coali, is the gr^ iid objec^tthey have long had in view ; and leiz- ing the ',aiportautpalies from Canada lo Louifanin, feducir.g our Imhan allies, engroffing the trade, and fortli^ing the routes into their country, were all proper expedients to- v/ards the execution of their plan. By ereiiling fort St. Fre- deric, they fecured the abfolute command of lake Cham- plain, through which we muft pafs, if ever a defcent be made upon Canada, either to conquer the country, or har- rafs its out-fettlements. The garrifon w as, at hill, iituated This gentleman, being a youth of fine parts, was called up to the council board on the 26th of January 1729, juft after his return from the univerfity. Mr. Morris, jun. was fafpended on the fame day, for words dropped in a difpute relating to the governor's drafts upv>n tlie revenue. THE HISTORY on the caft fide of the lake, near the fouth end ; but afterwards built upon a commodious point, on the oppolite iidc. Of all their infradtions of the treaty of Utrecht, none was more palpal Ic than this. The country belonged to the fix nations : and the very fpot, upcni ^vhich the iort (lands, is incLulcJwiLinn a patent to Dellius the Dutch miniller of Albany, jrianted under the 2;T-eat feal of this province in 1696. bclides, noihing could be more evident than the da »gcr to which it expofed us. Througli this lake the French parties nia iheir ancient bloody incurhons upon Schenectady, the Mohawks' callles, and l^eerfield ; and the eredion of this fort was apparently adapted, to ficilitate file inroads of the enemy, upon the frontiers of the colo- nies of New-York, T^lailachufects bay, and New rampiJiire ; for it icrved nor only as an alylum 10 fiy to, after the per- petration of tlieir inhumanities, but for a magazine of pro- vifions and ammuni:ion ; and though it was mucli aU)ve 120 nfdes from tVie very ciiy of Albany, yet by the conveyance tluough Sorcl river and the lake, it may be reinforced from Ivlonn eal in three or four days*. Tiie Madachufetts government forefaw the dangerous confcquences of the French for: at Crown Point, and gover- nor ikkhcr gave us the firft information of it, in a letter from Bofton to mr. Van Dam. He informed him of tlie vote of the general court, to bear their proportion of the cliarge of an embaflage to Canada, to forbid the v^ orks, and prell^ ed him to engage the oppofition of the fix nations. Van Dam laid the letter before his council, on the 4Lh of Febru- ary 17^2; who, with fingular calmnefs, advifed him to write to the commiliioners of Indian affairs, at Albany, or- dering them to enquire, whether the land belonged to the confederates or the river Indians. That mr. V an Dam ever wrote to the commiliioners, I have not been able to difcover ; nor whether any complaint of the encroachment was fent home, according to the fecond advice of council, on the nth * The prefent fort at Crown Point is faid to be a fquare with four baftions, and a high caftle within the walls. It has no ditch_, but is ftrengthened by a redoubt, and mounts lix and thirty fmall cannon. While the colony forces, con- fiftingof about 4000 militia, lay at lake George, employ- ed in erec'uing fort William Henry, in 1755, the French threw up an advanced work at. Ticonderoge, near the north-eaft end of lake Geor2;e ; impoi tar.t pats, about 16 miles to the fouthward of fort Frederic. OF NEW-YORK. of February ; who, befides the firft ftep, were now pleafed to recommend his tranfmitting governor Belcher's letter and the Bofton vote to the feveral fouth-weftem colonies. The paffivenefs we difcovered, on this impudent and dangerous invafion of his majeily's rights, is truly aftonifli- Ing ; and the nlorefo, as the crown had, at that tune, four in-- dependent companies, which had long been polled here for our proreiflion, at the annual expenfe of about 7500I. fter- ^iPS- A ^c^y good fclieme, in fome meafure, to repair this fhameful mifconducl;, was afterwards projedted, by fettling the lands near lak^ George, with loyal proteftant higlilan- ders from Scotland. Captain Laughlin Campbel, encourag- ed by a prociamatioji to that purpofe, carac over in 17^7^ ^nd . ample promi(es were made to him. He went upon the i^rrd, viewed and approved it ; and was in treated to Icttlc there, even by the Indians, who were taken with his high- land drefs. Mr. Clarke, the lieutenant governor, promifed him, in a printed ad vertifement, th6 grant of qo,ooo acres of land, free from all but the charges of the furvey and the king's quit-rent. Confiding on the faith of the government, captain Campbel went home to Ifla, fold his eflate, and, Ihortly after, tranfported, at his own expenfe, 89 proteftant families, coiififting of 42 ^ adults, befides a gi-eat number of children. Private faith and public honour loudly de- manded the fair exrcution of a projeifl, fo expenfive to the Undertaker and beneficial to the colony. But it unfortu- iiately dropped, through the fordid views of fome perfons in power, who aimed at a fiiare in the intended grant ; to whicii Campbel, who was a man of fjpirit, would not con« lent. Captain Campbel, afterwards, made an attempt to redrefs himfelf, by an application to the aflembly here, and then to the board of trade in England. The firft proved abortive, and fuch were the difficulties attending the laft, that he left his colonlfts to themfelves ; and with the poor remains of his broken fortune purchafed a final 1 farm in this province. No man was better qualified than he, for the buftnefs he had engaged in. He had a high fenfe of honour and a good un- derftanding : was acftive, loyal, and of a military difpofi- tion. For upon the news of the late rebellion in Scotland, he went home, fought under the duke, returned to his fa- mily, and foon after died ; leaving a widow and feverat children, who ftill feel the confequences of his difappoint- inents. Mr. Van Dam finifhed his adminiftration, on the ift of 2 C THE HISTORY, &c. Augaft 17^2; y\hen William Cofljy, efq. arrived, v,ithz cominiflion, to govern this and the province ofNew-Jer- fey. Tlie hiltoryof our public tranfaiitions, from this pe- riod, to tlie prel'ent time, is full of important and enter- taining events, which I leave otl\ers to relate. A very near relation to the author had fo great a concern in the public controverfies with colonel Coiby, that ilie hiltory of thofc times will be better received from a more difintercllcd pen. To fu])p:-el's truth on the one hand, or exaggerate it, on the other, arc both inexcufable faults, and perhaps it would be difhcult for me to avoid thofe extremes. Kefides, a writer, who expofes the conduct of the living, will inevitably meet with their fury and refentment. The prudent hiilorian of liisomi times will always be a coward, and never give fire, till death protects him from the malice and Ilroke of his enemy. THE HISTORY OF NEW-YORK. PART VI. C H A. P I. ^geographical defcnption of the coutitry. THE province of New-York, at prefent, contains Long- I{land,StatenIflpncl,and thelanvls,onthecaftfide of Ilud- ft)n's river, to the bounds of Connecfticut. From the divifion line between that colony and the Maflachufetts bay, north- ward, to the line between ns and the French,we claim nn ex- tent to Connecfticut river*. On the weft fide of Hudibn'sri- * The grounds of this claim are contained in the follow- ing report of a committee of council, to governor Clinton, on the 2d of March 1 753, which was drawn up by mr. Alex- ander. May it pleafe your excellency, In obedience to yonr excellency's order, in council, of the :d day of July lafl, referring to a committee there- of, the petitions of Robert Livingfton, jun. efq. and of the owners of a certain tracH: of land called Weftenhook, com- plaining of new claims and encroachments made upon their lands by the inhabitants of Maflachufetts bay, and alfo the furveyor general's and the attorney general's reports on the faid two petitions : tlie coipmittee having maturely THE HISTORY verfrom the fea to the latitude of 41 o liesNcAvJcrfey. The line of partition bct\veen that province and this, Irom that latitude 10 the other Itaiion on Delaware, isnnictilcd. Krom weiohed and confidcred of the fanie, humbly beg leave to report lo your excellency : ill, That they apprehend the claims of Maflachufetts bay to rlie manor of Livnigiton, or the faid tract ol'lund, call- ed Wcllcnhook, cannot be wcW founded ; becaule they find that the Duich claimed the colony of New Netherland, as extending from cape Cod to cape Cornelius, now called cape Henlopen, wellward of Delaware bay, along the fea coall, and as iur back into the country, as any of tlie rivers within, ihofe limiis extend ; and that ihcy were nciually poflefled of Connet'licnt river, long before any other Euro))ean peo- ple knew any thing of the cxiftcnce of fuch a river, and were not only polleiicd of the mouth of it, where they had a fort and garrifon, but difcovered the river above an hun- dred miles up, had their people trading there, and pur- chafed ol'the natives almolt all the lancls on l»oih fides of the faid river. 2dly, That governor StuyvcCinr, the Dutch governor of the faid province, by liis letter, dated the 2d of Septem- ber 1664, new ftlle, in ai fwcr to a letter from governor ilichard Nicolls, of the |§ Augull preceding, demanding the farrcndcr of all the t( . ts and places of firengih poflefl- ed by the Dutch under his (governor Stuyvefant's) com- irand, writes as follows : — Moreover it's without difpute, and acknowlcdg;ed by all the woi Id, that our predeceilbrs, by virtue of the commiiTion and patent of the faid loi ds the ftares general, have without controul, and peaceably (the contrary never coming to our knowledge) enjoyed fort Orange about 48 or 50 years ; and Manhattans about 41 or 42 years ; the fouth tiser 40 years, and the frefli river a- bout 26 yea- s." Which laft mentioned river, the committee fine! to be the fame, tliat is now called Connecticut river. ^dly, That the faid Dutch governor Stuyvefant did, in the year 1664, fiirrender all the country, which the Dutch did then poflefs, to king Charles the lecond, and that the dates general made a celfion thereof, by the treaty of Bi eda, in the year 1667 : that the Dutch re-conquered part of this province in 1675, and furrendered and abfolutely yielded it to king Charles the fecond, in 1673-4, by the trea- ty of London ; and that in the year 1674, king Charts granted to the duke of York, all the land betw een Coimcc- OF NEW-YORK. 201 thepce, "wherefoever it may be fixed, we claim all the land$^ on the caft fide of Delaware, to tlie north line of Pennfyl- ▼ania ; and all the territory, on both fides of ihe Mohawks* ticut river and Delaware bay ; the whole of thefe lands being part of the former colony of New Netherland. 4th, That the duke of York, in his feveral commiffions to major Edmund Androfs, on the lit of July 1674, and to governor Donjgan on the 30th of September 1682, among other defcriptions of the boundaries of this province, men- tions all the land from the weft fide of ConneAicut river to the eali fide of Delaware bay : that their majefties, king William and cjueen Mary, by their commilfion, bearing date the fourth day of January, in the firll year of their ma- jefties' reign, appointed Kem*y Sloughter to be governor of the province of New- York, and territories depending there- on ; the boundaries w hereof, to Connec^ticut river, on the eaft, were notorious, by the grant and other commiffions a- iforefaid, and many other grants and commiffions relating to the fame. 5th, That the committtee apprehend Conne(5licut river continued the ealt bounds of this province, until the 28th pf March 1700, when, by king William's confirmation of an agreement bctvy^en this province and Cpnnetfticut, the weftern bounds of that colony were fettled at twenty miles from Hudfon's river : and they cannot find any other altera- tion in the eaftern bounds of this province, and have no reafbn to believe any other was made before, or fince, that time. 6th, *^ That king James the firft, by letters patent bear- ing date the 3d of November, in the i8th year of his reign, granted unto the council of Plymouth, from forty to foity- eight degrees of north latitude inclufive, in which there is a recital to this purpofe. "Now for as much as the lang has been certainly given to underftand, by divers good fubje(5ls, that have, for thefe many years, frequented thofe coafts and territories, between the degrees of 40 ° and 48 ^ , that there are no other fubjects of anychriftiankingor fiate, or by any authority from their fovereigns, lords, or princes, ' adlually in pofleffion of any the faid lands or precind:s, whereby any right, claim, intereft, 01; title, may, or ought, by that means, to accrue or belong to them," &:c. And alfo a proyifo in thefe words, Provided always, that the fairf lands, iflands, or any of the premifles, by the faid letters patent intended or meant to be gi antcd, were not then ac- 202 THE HISTORY rive, and wcflward to the Iftlinnis nt Niagara : in a word, all the country belonging to the crown of Great Britain, not already granted ; for >ve arc to confider New York a- tually poTcfled or inhabit ed by any other chriftian power or ftatc.'' \V iiich patent, the committee conceive, could not vefl any thii:g in tlie i;i unites, by reafon of tlic fald recital and condition upon wliich it was granted ; part of the pi e- mifics being theii actually po.ielK'd by the Dutch, and moft of tile faid colony of New Netherkuid being within the bounds thereof. 7 _'i, Tb.it thr council of Plymouth, by their deed, dated the 19th of March, in the third year of king Charles the iii-Wy granted to fir Ilcai-y llolfwell and others, part of %vhat was fuppofed to be granted by the faid letters j n ent, ^vhich g: ant, from the faid council of Plymouth, the com- mittee take to be void, as founded upon the faid void pa- tent. *' 8th, That he, the fiidfir Henry RofTwell, and others, obtained a grant and confmnation thereof, fion. the ciown, under vhe great feal of England, dated the 4th of March, in the fourth yenr of king Charles the fr fl, within which grant and confirmation, tb-c province of Mafiachufetts bny is in- cluded ; which grant and confirmation was adjudged void in the high court of chancery of England, in the year 1684. And the committee are of opinion, that nothing, to ihe wcHward of Connedticut river, could pafs by that {rrart and confir- niJ^tion j for that his majcfly could not have had an inten- tion to grant the fame, it being then pofi'efied by the Dutch, as before mentioned. 9th, That the committee conceive the inhabitants of Maflachnfetts bay can claim nothing at prcfent, but what js granted them by their lalt charter in 1691 ; all their other grants and charters being either void of themlelves, or de- clared fo in the chancery of England. " loth, That the bounds granted, by this charter, are wcftward as far as the colonies of Rhode Ifland, Conne(^ti- cut, and the Narraganfet country : which words being in the cafe of a grant from the cown, the committee conceive, cannot extend their bounds farther than to Connecfii- cut colony, and therefore not to Conne»rticut river, and much lefs to the weftvv-ard of it ; becaufe Connedricut it- felf, at the time of that charter, did not, in the knowledge of the crown, extend weftward of that river ; nor did till nine years after, w hen, by the royal approbation, the agi'ee- OF N E W - Y O R k. 563 mong her fifter colonies, to borrow a law phrafe, as a refl- duary legatee. Hence we have, from the beginning, been expofed to ment between this province and that colony taking place, (which was not to be in force till fuch approbation) the bounds of that colony were fettled as is before mentioned : and the committee conceive it to be agabift reafon, to fup- pofe that the crown mtended, by the laid charter, to grant any part of the province of Xevv^-Ycrk, under the then immediate government of the crown, without exprefs men- tion thereof in the charter ; and without notification there- of to Henry Sloughter, then governor of this province, that the crown had granted fuch a part of what was before with- in his jurifdiction, by their majellies' comniiffion aforefaid to him. " lith, That both the patents, under which the peti- tioners claim, the committee find were gianted under the great feal of this province ; that of the manor of Livingfton m i636, and that of Weftenhook in 1735. And that the lands contained in the (aid grants are, the committee ap- prehend, within the jurifdidiion of this province, they being both weft of Conne ^i:icut river. 1 2th, That the committee are of opinion, the attempts of the inhabiiants of the Maflachufetts bay, to make en- 4 croachments upon any lands, granted by letters patent un- der the great feal of New- York, or upon any lands within the jurifdicftion of this province, are difrefpecTtful to his niajefty's authority, tend to the dillurbance of the fubjed:s of this province, and may be the caufe of great mifchiefs and diforders. I uh, That the fteps taken by the faid inhabitants, even were the bounds of this province doubtful and unfettled, are intrufions, and difrefpeiftful to his majefty's authority. And laftly, The committee are of opinion, that a co- py of fo much of this report, as fliall be approved of by your excellency and the council, be tranfmitted to the lieuten- ant governor of the province of Maflachufetts bay, requeft- ing that he would take effectual meafares, that all encroach- ments and difturbances, by the people of that colony, on his majefty's fubjecl:s of this province, be ftayed ; and that he would lay this matter before the next general court, that they may inform your excellency, by what warrant they claim or exercife any right to foil or jurifdicftion, weft ward of Connecticut river j that the fame may bs confidered;, 304 THE HISTORV controvcrfics about limits. The New-Jerfer claim includes feveral hundred thoufand acres, and has not a little imped- ed the fcti lenient of the colony. The difpute with the Mafllicliufctts bay is fllll more important, and, for feveral years piilt, occalioned very confiderablc commotions. The New Hampfliirc pretenfions have, as yet, expofcd us to no great trouble. But when all thofe claims are fettled, a new conrroverfy will probably commence with the pro- prietaries of Pennfylvania. This province was, in 1691, divided, by an a(5l of aflem- bly, into twelve counties, which I (hall defcribe in thcir order. and fuch fteps taken towards removing all caufcs of en- croachments, or dilturbances, for the future, as may be a- freeable to equity and juftice : to the end, that good U9- erllandint; may be preferved, which ought to fubfift be- tween fellow fubjects and neighbouring provinces. " All which is nevertlielcfi humbly fubmitted. " By order of the committee, " James de Lancey, Chairman." The government 6f the Maflachufettsbay never exhibited the reaK)ns of their claim, in anfwer to this report, but continued their encroachments : and, in the fprin^, 1755, furveyed and fold lands, lying feveral miles weu of the caftern extent of the manor of Livingfton and the patent of Claverack: O F N E W - ? O R THE CITY AND COUNTY OF NEW-YORK. THE city of New- York, at firll, included dnly the ifland^ called by the Indians, Manhattans. Mannmg's ifland, the two Barn illands, and the three Oyfter iflantis were hi the county. But the limits of the city have fince been aug- mented by charter. The illand is very narrow, not a mile wide at a medium, and about 14 miles in length. The fouth- we(t point projects into a fine fpaciousbay, nine miles long, and about four in breadth, at tiie confluence of the waters of Hudfon's river, and the ilreight between Long Ifland and the northern Ihore. The Narrows, at the fouth end of the bay, is fcarce two miles wide, and opens the ocean to full view. The paflage up to New -York from Sandy Hook, a point that extends fartheft into the fea, is fafe, and noC above five and twenty miles in length. The common navi- gation is between the eaft and weft banks, in two or threes and twenty feet water. Bur it is faid^, that an eighty gun (hip may be brought up, through a narrow, winding, un- •fi-equented channel, between tlie north end of the eaft bank and Coney Ifland. The city has, in reality, no fiatural bafon or harbdur. The Ihips lie off in the road, on the eaft fide of the town, which -is docked out, and better built than the wefl fide, becaufe the frefhets in Hudibn's river, fill it in fome winters with ice. The city of New- York, a§ I have elfewhere had occafioii to mention, confifts of about two thoufand five hundred buildings. It is a mile in length, and nor above half that iit breadth. Such is its figure in its centre of bafinefs, and the lituation of thehoufcs, that the mean cartnge from one part to another, does not exceed above one quarter of a mile, than wliich nothing eaft be more advantageous to a trading city.'* It is thouMit to be as healthy a fpot as any in the world. The eaft and fouth parts, in general, are low, but the reft is fituated on a dry, elevated foil. The ftreets are irregu- lar ; but, being paved with round pebbles, are clean, and lined with well-l3uilt brick houfes, many of whicii are co- ■vered with tiled roofs. No part of America is fupplied with markets abound- ing with greater plenty and variety. We have beef, pork^ mutton, poultry, butter, wild fowl, venifon, fifh, roots, and lierbs^ oi all kinds, in their feafons. Our oyfters are a con- 2 D tllE HISTORY fiderable article in the Pvipport of the poai*. Their beds arc within view ot the tovu ; a Hcet ot' two huiulred finall craft, a' e often fecn the:'e, at a time, when the weather is mil l in wi rcr ; an I tUii fiu^le ai iicle is computeil to be wo til annnally Id or 12 oocl. Tills city ii the metropolis and grand mart of the pro- vince, and, by iis co.nnioJious fiwUation, coininands alfo alJ the trade of the wcllern ]>art of Connecticut and that of f.^ J[erfey. No fcafon pre cntsour fln]>s fiom launching out into the ocean. J)u; ing ihe threat feverity of winter, an e<)ual, unvoltrained aciiviLV runs tlirougii all ranks, orders, and eaiploymcnts." Upon the Ibiuh-wcn point of the city (tands the fort, tvhich is a fquare with Io\ir ballions. \Vitliin the walls is the houfe in which our governois ulually relide; and oppo- lite to it, brick barracks, built formerly for t'ne indcjjendeiH: companies. The trovevnor's houle is in height three flofies, and fronts to the welt; haviniv, from the fccond Itory, « fine prol"[>eC~t of the bay and the Jerley fliore. At the foutli cjul there was formerly a chapel, but this was burnt down in the negro conl'piracy of the fpring 1 741. According to governor Burnet's oWervattons, this fort Hands in the lati- tude 4.0 ^2' N. Below the walls of the garrifon, near the water, we have lately raifed a line of fortifications, which com- mands the entrance into the eaftern road and the mouth of Hud Ton':; river. This battery is built of Hone, and the mer- lons confiit of cedar joills, fdled in with earth. It mounts 9a cannon, and thefe are all the works we have to defend us. Alx)Ut fix furlongs, Ibuth-eail of the fort, lies Notten Iflantl, Containing about 100 or 120 acres, referved by an acfc of af- fembly, ai a fort of demefiic for the governors, upon which i: is pi opofed to ere« a (trong caille, becau/e an enemy might from thence eafily l)o;nbard the city, without being annoyed cither by our battery or tiie fort. During the late war, a line of prdi'adoes was "■ in f oni HuJfon's to the Eaft river, at the otlicv end of tlie city, with block houfes at finall diUvnces. The -rreater pai Lof thefe ftill remain as a monu- ment of our folly, whicii ccit the provmce about 8cool. The inhabitants of New-York are a mixed people, i>uc moftly defcended from the original Dutch planters. There are Hill two churches, in which religious worfhip is per- formed in that language. The old building is of ftone and ill built, omamentecl with a fmall organ loft and braS branches. The new church is a high, heavy edifice, has a very exienfive area, and was completed ui 1 729. It hts no OF N E W - Y O R 1<. galleries, and yet will perhaps contain a thoufandor twelve hundred aiiditoi-s. The Ibeeple of this church rffbrds a inoft beautiful profpe*fl, both of the city beneath and the liuTountling country. The Dutch congregation is mere nn. jne. ous than any other ; but as the language beccnies dif- uled, it is miKh diminiOied ; and unlc^ they change their worlhip into the Englifh tongue, nuift foon fufFer a total diffipation. They have at pielent tv o miniilers : the reve- rend meftieurs Ritzina and de Ronde, who are both ftrid: Calvinifts. Tlieir church was incorporated on the nth of ISiay, 1696, by the name of the niinlfter, elders, and dea- cons, of the reformed proteliant Dutch cliurch of tlie city of New-York and its eftatc, after the expiration of fun- dry long leafes, will be woi th a very great income % All the Low Dutch congregations, in this and the pro* ^ince of New-Jerley, worihip after the manner of the re- formed church in the united provinces. \\ ith refpcct to government, they are in pnnciple prcfbyterians ; but yet hold themfelves in fubordniation to the ciufKs of Am- fterdam, who fomctimes permit, and a: otlier times refufe them the powers of ordination. Some of their miniftevs con- fider fuch a fabjec^rionas anti-conllitutional, and licnce in fe- vcral of their late annual conventions, at New- York, called the coEtus, Tome debares have arifcn among them ; the ma- jority being inclined to erecl a claflis, or ccclefiafticul judi- catory, here, forth'- government of their churches. Thofe of their miniilers, who are natives of Europe, are, in ge- neral, aA^erfe to the p.-ojed:. The expenle attending the or- dination of their candidates, in Holland, and the reference of their difpates to the claiiis of Amfterdam, is very ccnfi- derable ; and with what confequences, the interruption of their correfpondencc with the European Dutch, %voi:ld be attended, in cale of a war, well deferves their conlidcrap tion. There are, befides the Duteh, two epifcopal churclies in this city, upon the plan of the eftablifhed church in South Britain. Trinity church was built in 1696, and afterwards enlarged in 17^7. It (lands very pleafantl}'^ upon the banks pf Hudfon's river, and has a large cemetery, on each fide, enclofed in the front, by a painted, paled fence. Before it a longwalk is railed off iVom the broad-way, the pkaianteft * Their charter was confirmed by a late a(ft of aflembly, ratified by his ma.^e.n:y, which recites the Vlllth article pf the furrend er in 1 6 6 4 . THE HISTORY ftrect of any in the whole town. This bnilding is about feet long, iiicludin j; tlic tower ami chancel, and 72 feet in breadth. Tlic llceple is 175 feet in height, and oNcr the door, facing the river, ib the following inlciiption. PER A N G U S T A M. Hoc Trinitatis temp] urn fundatum eft anno regnj il. Juftriihmi, lup emi doinini Gulielmi tcrtii, Dei graiia, An- gli e, Scotie, r'r.uicie ec Hibcrnii cs eioCin dedit." The church is, witliin, ornamented beyond any other place of public worlhip among ns. The head of the chan- cel is adorned with an altar-piece, and oppofite to it, at the other en. I of tlie building, is the organ. The tops of the pillars which fupport the galleries, are flecked with the gilt bulls of angels winged. F rom the ceiling ai"e fulpended two clafs bi-anclies, and on the walls hang the arms of fomc of i s principal beni:factors. The ailes are paved with flat iloncs. The prefent rector of this church is the rev. mr. Henry Barclay, fornerly a miflionary among the Mohawks, whn receive^ lo. l a year, levied upon all the other clergy and laicy in the city, by virtue of an act of aflembly, pro- cu ed by governor hleicher. He is aflirtcd by dr. Johnfon and mr. Auchmuty. This congregation, partly by the arrival of ftrangers froiii Europe, but prii)cipally by p) ofelytes from the Dutch churches, is become fo numerous, rhat though the old buil- ding will con ain 2000 Iiearers, yet a new one was erec'ted in 1752. This, called St. George's chapel*, is a very great edifice, faced with hewn Itone and tiled. The fteeple * The length, exclufive of the chancel, 92 feet, and its breadth 20 feet lefs. O F N E W - Y G R K. 20^ loftyt, but irregular ; and its fituation in a new, crouded, and ill-built part of the town. The rector, churchwardens, 3i\d vefti-ymen of Trinity church, arc incorporaved by an a6t of allembly, which grants the two lalt tlie advowfon or light of preientation ; but enacts, that the redtor lhail be inftituied and indu(fted in a. manner moit agreeable lo ihe king's inlb uctions to the governor, and the canonical right of the biihop of London. Their worfhip is conducted atUr the mode of ihe church of England ; and with reipect to govemnient, they are em- powered lo make rules and orders for tnemleives, being, if I may ule the exprehion, an independent, etcleliaftical cor- poration. The revenue of this church is reftricted, by an adi of af- fembly, to 500I. per annum : but it is polielied of a real eitate, at the north end of the town, w hich, having been lately divided into lots, and let to farm^ will, in a few years, produce a much greater income. The prefbyterians increafing after ford Cornbury's re- turn to i-.ngianci, called mr. Anderfon, a Scotch minilter, tq thepalloral charge of their congregation : and dr. John Ni- col, Patrick Mac Night, Gilbert Livingllon, and Thomas Smith, purchafed a piec^' of ground, and founded a church in 1 719. Two years afterwards, they petirioned colonel Schuyler, who had then the chief command, for a charter of incorporation, to fecure their eltate for religious wor- jhip, upon the plan of tlie church in North-Britain ; but were difappointed in their expectations, through the op- pofition of the epifcopal party. They, fliortly alter, renew- ed their requeit to governor Burnet, who referred the pe- tition to his council. The epifcopalians again violently op- pofed the grant ; and the governor, in 1724, wrote upon the fubject to the lords of trade for their direction. Coun- fellor Welt, who was then confulted, gave his opinion in thefe words : Upoai conlideration of the feveral acTrs of imiformity, that have palled in Great Britain, I am of opi- nion that they do not extend to New-York, and confequent- ly an act of toleration is of no ufe in that province ; and, therefore, as there is no provincial acl: for uniformity, ac- cording to the chiu-ch of England, I am of opirnon, that by law fuch patent of incorporation may be granted, as by the petition is dehred. RICHARD WEST, 20 Auguft, 1 724." After feveral years folicitation for a cliarter in vain, and f One htmdred and feventy-five feet. 51© THE HISTORY fearful ^hs^ thofe who obftrv<^ed fuch a rcafonable reqnr ft, Avoui i watch an opp')- ■mv.y co give tlieni a more effeifuial T^ound ; tho'r, among the prefl>yicn:ins, who were invelled with the /ct ii. .|.le of the church and ground, conveyed it, on the i xh of vlan' , 17^% to the moderator of the ge- neral ailcinbly of the churc n of Scoilaiid and tlie commif- lion the cjf, tlie Hioderator of the prelbytery of Edin- burgh, xhi' principvtl of the college of Ldinburgh, the profeilbr of cliviniiy tliercin, and the procurntor and arent of ilic chinch of Scotland, for the time being, and iliciv fucceiibis in oftice, as a connnittcc of the general aflembly." On the I5ch of Anguft, 17^2 the church of Scotland, (by an inrtruiiicnt under the feal of the general allcmbly, and figned by mr Niel Campbell, principal of the univerfity of Glafgow, a'.'l n»ode- ator of the general allenibly and corn- million tiiercof — nn-. James Nefliit, one of the minillers of the gofpcl at Edinburgh, i-'odenitor of tlie prefbytery of Edinourgh — mr. Wm. Hamilton, principal of the univerfity of Edinburgh — nir. James Smith, profeflbr of divinity thei e- in — and mr. William Grant, advocate procurator for the church of Scotland, for the time being) purluant roan a£rduret in aevum. Mr. Alexa:nder dimming, a yonng irentleman of learn* ing and lingular penetration, was cholen colleague to mr. Pembertoii, in 1750: but both were difmifled, at their re- queft, abrui: three yea^s afterwards ; the former, through jiKlifpofifion, and the latter, on account of trifling conten- tions, kindled by the bigotry and ignorance of the lower fo It of people. Thefe debates continued till they were clof- ed, in Ap -il 1756, by a decifion of the fynod, to which, al- moft all oar prelbytcrian churches, in this and the fouthem p 'ovinces, are fubjed:. The congregation conlifts, at pre- ient, of 12 or 1400 fouls, under the paftoral charge of the rev. mr. David Bolt wick, who was lately tranflated from Jamaica to New-York, by a fynodical decree. He is a gen- tleman ofamild, cathoHc difpolition ; and being a man of piety, prudence, and zeal, confines himfelf entirely to the proper bufinefs of hisfancftion. In the art of preaching, he is one of the moft dillinguilhed clergymen in thefe parts. His difcourfes are methodical, found, and pathetic ; in fentiment, and in point of diclion, lingularly ornament- ed. He delivers hj mfelf without notes, and yet with gj eat THE HISTORY eafe and fluency of expreffion ; and performs every part of divine worfhip with a (hiking foleninity. Tlie French church, by the contentions in 1724, and the difufe of the language, is now reduced to an incoididerable handful. The buildin*^, which is of (tone, nearly alquare *, plain both within and without. It is fenced from the (treet, has a iteeplc and a bell, tlie latter of which was the gift of fir Henry AlliuHl of Lontlon. On the front of the church is the foUowhig infcripcion, D E S S A C B A G A L L O R. P R O T. R K F O R M. F V N D A. r704. P K N I T V S R E P A R. 1741. The prefent minffter, mr. Carle, is a native of France, and fuccceded nir. Ron in 1754. He bears an irreproach- able character, is very intent upon hisltudies, pi caches mo- derate Calvinifm, and fpeaks witli propriety, both of pro- nunciation and gcltiire. The German Lutheran churches are two. Both their pla- tes of worfliip are fuiall : one of them has a cupola and bell. The quakers have a meeting-houfe, and the Moravians, a new feet among us, a churcli, confifting principally of female profelytes from other focieties. Their fervicc is in the Englifh tongue. The anabaptifts nfiemble at a fmall meeting-houfe, but have as yet no regular fettled congi'egation. The Jews, who are not inconliderablc for tlieir numbers, worfhip in a fynagoguc erected in a very private part of the town, plain without, but very neat within. Tlie city hall is a Ibong brick building, two ftories in height, in the fhape of an oblong, winged with one at each end, at right angles with the firft. The floor below is an ope.i walk, except two jails and the jailor's apartments. The cellar underneath is a dungeon, and the garret above a com- mon prifon. This edifice is erected in a place w^here four flrreets meet, and fronts, to the fouth-welt, one of the moft fpacious Itreets in town. The callem wing, intJie fecond * The area is feventy feet long, and in breadth fifty. OF N E W - Y O R I-^ . 213 ftory, confifts of the aflTembly chamber, a lobby, and a fmall room for the fpeaker of the houfe. The weii ^ving, on the fame floor, forms the council room and a library ; and in the fpace between the ends, the fupreme court is ordinarily held. The library confifts of a thouland volumes, t\'hich were bequeathed to " the fociety for the propagation of the gof- pel in foreign parts," by dr. Millington, rector of Newing- ton. Mr. Humphreys, the fociety's fccretary, in a letter of the 23d of September 1728, informed goNcrnor Montgo- merie, that the fociety intended to place thefe books in New-York, intending to eflablifh a library, for the ufe of the clergy and gentlemen of this and the neighbouring governments of Connecticut, "New Jerfey, and Pennfylv?.- Yiia, upon giving fecurity to return them ; and defired the governor to recommend it to the aflcmbly, to provide a place to depofit the books, and to concur in an act for the prefervation of them and others that might be added. Go- venior Montgomcrie fent the letter to the aflembly, who ordered it to be laid before the city corporation : and the latter, iii June 1729, agreed to provide a proper repofitoiy for the books, which were accordingly foonafcer fent over. The greateft part of them are upon theological fubjccis ; and through the carelefluefs of the keepers, many aix mif- fing. In 1754, ^ ^t^t of .rentlemen undertook to carry about a fubfcription towards raifing a public librai-y, and in a few days collected near 600I. which were laid out in purchafing about 700 volumes of new, well-chofen books. Every fub- fcriber, upon payment of 5I. principal, and the annual fum of ICS. is entitled to the ufe of thefe books. His right by the articles is alfignable, and, for noti-compliance with them, may be forfeited. The care of this library, is com- mitted to twelve truftees, annually elected by tlielubfcribevs, on the laft Tuefday of April, who are reftricted from making 'any rules repugnant to the fundamental fubfcripticn. •' This is the beginning of a library, which, in procefs of "-'time, will pro^)ably become vaftly rich and voluminous ; and it would be very proper for the company to have a charter for its fecurity and encouragement. The bocks are depofited in tlie fame room with thofe given by the fociety. Befides the city hall, there belong to tlie corporation, a large alms- houfe or place of correction, and the exchange^ ill the latter of which there is a large room raifcd i:poii i E 414 THE HISTORY brick arches, generally ufed for public entertainment J, concerts of innlic, balls and alieniblies. Though tlsc city was put under the government of a ma>or, ^c. in 1665, it was not regularly incorporated till 1686. Since that time fevcial chavteis have been pafled : the laft w as gn.nted by governor Montgomciie, on the 1 5th of January, i7";o. It is divided into fevcn wards, and is under the govern- ment of a mayor, recorder, fevcn aldermcu, aud as many aliillanis, or common counciliren. 1 he niayor, alheiiff, and coroner, arc annually api)oinied by the governor. The recorder has a pa; cnt during plcafui e. The aldermen, affif- tants, afleilbrs, and coUcdiors, arc annually elet^ted by the freemen and frceholdcis of the refpe(iii\e waids. Ihe niayor has the ible appointment of a deputy, and, to- getlier with four aldermen, may appoint a chamberlain. 'I'lic mayor, or recorder, four aldermen, and as many ailift- ants, forui the common council of the city of New- York :** and this body, by a majority of voices, haih power to make bye-lawL for the government of the city, which ai e binding only for a year, unlcfs confirmed by the governor and coun- cil. They have many other privileges relating to ferriages, markets, fairs, the aliize of bread, v. ine, ike. and the li- cenfing and regulation of tavern keej^ers, cartage, and the like. The nrayor, his deputy, the recorder and aldermen^ are conllituted jidUces of tlic peace ; and may hold not only a court of record once a week, to take cognizance of all civil caufes, but alfo a court of general quarter fefiions of the peace. They have a common clerk, commiflioned by the governor, w ho enjoys an appointment worth about four or five hundred pounds per ai:rium. The annual revenue of the corporation is near two thoufand pounds. The Handing mi- litia of the illand conliflr, of about 2^co men*: and the city has in relerve, a thoufand Hand of arms for feamen, the poor, and others, in cafe of an invafion. The north eatlern part of New- York ifland is inhabited, principally, by Dutch fanners, who have a fmall village ther , called Haerlem, pleafantly fituated on a fiat, culti- vated for the city markets. * The whole number of the inhabitants, exclufive of fe* males above iixty, according to a lilt returned to the gover- nor, in the fpring 1756, amounted to 10,468 whites, and 2275 negroes ; but that account is erroneous. It is mo^ probable, that there are in the city i j,oco fouls. O F N E W-Y O R K. 115 WEST-CHESTER. THIS county is large, and includes all the land beyond the ifland of Manhattans along the found, to the Con- necticut line, which is its eallern boundary. It extends northward to the middle of the highlands, and weftward to Hudfon's river. A great part of this coanty is contained in the manors of Philipfburgh, Pelham, Ford nam, and Court- landt, the laft of which has the privilege of (ending a re- prefentative to the general aflembiy. The county is toler- ably fettled. The lands are in general rough, but fertile, and therefore the farmers run principally on grazing. It has feveral towns, Eaft-Chefter, Wcft-Chefter, New- Rochelle, Rye, Bedford, and North-Caftle. The inhabi- tants are either Englifn or Dutch prefbyterians, epifco- palians, quakers, and French proteftants. fhe former are the moft numerous. The two epifcopal miifionaries are fet- tled at Rye and Eaft-Chefter, and receive each 6ol. annually taxed upon the county. The town of Vv'ell-Chefter is an incorporated borough, enjoying a mayor's court, and the right of being reprefented by a member in aflembly. DUCHESS. THIS county adjoins to Weft Chefter, which bounds it on the fbuch, the Connecticut line on the eaft*, Hud- fon's river on the weft, and the county of Albany on the north. The fouth part of this county is mouniainous, and fit only for iron works ; but the reft contains a great quan- tity of good upland, well wa^e ed. The only villages in it are Poughkeepfte and the Fifli-Kill, though they fcarce de- ferve the name. The inhabitants on the thanks of the river are Dutch, but thofe more eafterly, Engliflimen, and, for the moft part, emigrants from Conneifticut and Long Ifland, There is no epifcopal church in it. The growth of this coun- ty has been very fudden, and commenced but a few years * In defcribing the limits of the feveral counties, I regard their bounds according to the jurifdicftion as now exercifed in each, rather than the laws relathig to them, which are very imperfecft, efpecially the general a(ft in 1691. The greateft part of Hudfon's river is not included in any of f^ur ^counties. 5i6 T H E H I S T O R Y ago. Within the meinory of pcrfons now living, it did not contain above twelve families ; and according to the late returns of t lie niilitia^ it will furnifli at prelent above 2500 fighting men. ALBANY. THIS county extends from the fouth bounds of the ma- nor of Li\in<;fton, on the e:dl fide, and UHler, on the welt fide ol'K'udlon's river ; on the north its limits are not yet afcertainecl. It contains a vail quantity of fme low land. Its principal commodities are wheat, peale, and pine boards. The ci:y of Albany, which is near 150 miles from New- York, is hruated on the welt fide of the river. There our governors ufually treat with the Indians dependent upon tiie Britifh crown. The hoiifes are built of biick, in the Dutch tarte, and are in number about 550. There are two chu chesin it. That of the epiftopalians, the only one in this large county, is a flone building. The congregatioi^ is but fmall, almoft all tlie inhabitants refoiting to the Duch church, which is a plain (quare, Hone edifice. Befides thefe they have no other public brildings, except tlie city hall and the fort ; the latter of which is a ftone Ajuare, with four balVions, fituated on an eminence which overlooks the town, bur is itfelf commanded by higher ground. The greatell part of the city is fortified only by palifadoes, and in fome places there are iinall cannon planted in block-houfes. Albany was incorpoiatcd by colonel Dongan, in 1686, and is under the government of a mayor, recorder, fix alder- laen, and as many allil^ams. It hasalfoa fheriff, town clerk, chamberlain, cleik ofLhe markers, one high conftable, three fiib-confiabltrs, and aiiiaifhal. The corporation is empower- ed befides to hold a mayor's court for the trial of civil cau- jfes, and a court of general o'jarter fclflons. Sixteen or eighteen miles nonh-w cft from Albany, ties Scheneiflady, ow the banks of tiie Mohawks' river, which jfallsinto Kudfon's river 12 miles to the North of Albany, This village is compact and regular, built principally of brick, on a rich flat of low land, furrounded with hills. It lias a large Dutch church, with a Iteeple and town clock, near the centre. The windhigs of the river through the town, and the fields (which are often overflowed in the Ipring) form, about harveft, a moil: beautiful pro fpect. The lands, in the vale of Schenectady, are fo fertile, that they are commonly fold at 45I. per acre. Though the farmeri nfe no kind of mantire^ they till the fields eveiy year, aii4 O F N E W-Y O R K. they always produce full crops of wheat or peafe. Their church was incorporated by governor Cofby ; and the town has the privilege of fending a member to the atlembly. From this village, our Indian traders fet oUt in battoc^ for Ofwego. The Mohawks' river, from hence to fort Hun- ter, abounds with rifts and fhoals, which^ in the fpring< give but little obftru(ftion to the navigation. From thenca to its head, or rather to the portage into the W ood Creek, the conveyance is cafy, and the current lefs rapid. The banks of this river are, in general, lov/, and the foil exceed- iiig good. Our lettlcments, on the north fide, extend to Burnet's field, a flat inhabited by Germans, which produces wheat and peafe in furpriling plenty. On tlie fouth iide, ex- cept a few Scotch Irifli, in Cherry Valley, at the head of Sufqnehanna, we have but few farms wefl of the three Ger- maji towns on Scliohare, a fmall creek which empties itfelf into tlie Mohawks' river, about 20 miles weft of Schene(ita-r dy. The fur t^ ade, at Ofwego, is one of the principal ad-r vantages of this county. -The Indians refort thither in May ; and the trade continues till the latter end of July. A good road might be made from Schenectady to Ofwego. In the fummer 1 755, fat cattle were eafdy driven there for the ar- my under the command of genei al Ehliley. The principal fettlements to the noithward of Albany, are Connefligiune, eallward of Schenr-c'tady, on tiie Mo- hawks' river, whici'i, a little lower, tumbles down a preci- pice of about fevenry feet high, called the Cahocs. The furprife, which, as One might imagine, would naturally be excited by the view of ib great a cataract, is much dimi- niflied by the height of th3 banks of the river ; befides, the fall is as uniform as a mill dam, being uninterrupted by the projeiftion of rocks. At Scaghtahook, on the eaft fide of the noith branch of Hudfon's river, there are a few farms, but many more fcveral miles to the ealtward, and about twenty-five miles from Albany, in the patent of IJofick. 1 hele were all broke up by an irruption of French and Indians, who, on the 2Sth of Auguft 1754, killed and fcalped twopeifons, and fet fire to the houfes and barns. About forty miles to the northward of Albany, on the weft fide of the river, lies Saratoga, a fine tracfb of low land, from which feveral families were driven by the French Indians, in the late war. A projedl of purchafing thefe lands from the proprietors, fettling them with Indians, raifing a fort there, and cultivating the foil for them, has been often talked of fmce captain Campbell's difap- THE HISTORY pointment, as a proper expedient to curb the fca]ping par- ties fejit out f o:n Ciown Foiiit. In tlie I'licrn part of the county of Albany, on both fides of Jluflfoji's river, the ie:.L'meiits are very fcattcrcd, except wi, hlri twelve miles of the ciry, when the banks be- come low a!i I accciril)le. TheiUands here, which are many, contain pei h.ip=> the fiiielt foil in the wo. hi. There are two majio'-s in the county, Rcnflaerwltk and Livingdon, winch have eich tlie privilege of fending a member to the allomhly. T::e tenants <,f thcfc manors, and of the parents of Clavc-ack, have free farms, at the an- nual rent of a tenth of the produce, which has as yet been neither exacted nor paid. At Ancram, in the manor of Livingfton, is an iron furnace, about fourteen miles IVom the river. Its bell and moft improve ! lands lie at Tachanic in the eallern parts, wliich have of late been much dif- turbed by the inroads of the Mallacli ufctts bay, on this and the patents of Wcllcrnhook and Claverack. The winters in this county are commonly fevere : and Hudfon's river freezes fo hard, a hundred miles to the fourhward of Albany, as to bear llcds loaded with great burdens. Much fnow is ver\' ferviccable to tlie farmer* here, nor only in protecting their grain fi om tl.e froft, but in facilitatinfT the tranfponation of their boards and other produce, to the banks of the river againft the enfuing fpriiig. ULSTER. THIS county joins to that of Albany, on the wefl: fide of Hudfon's river. Its northern ex ent is fixed at Saw- yer's rill : the rivers Delaware and Hudfon lx)und it caft and weil ; and a w^eft line, from the mouth of Murder- er's creek, is its fouthern limit. The inhabitants are Dutch, French, Engllfh, Scotch, and Irifii, but the firft and the lalt are moft numerous. The epifcopalians in this county are fo inconfiderable, that their church is only a mean log houfe. The moll confider- ablc town is Kingfton, fituated about two miles from Hud- fon's river. It contains about one hundred and fifty houfes, moftly of (lone ; Is regularly laid out on a dr\', level fpot ; and has a large ftone church and court-houfe near the cen- tre. It is thought to refemble Schenec'tady, but far exceeds it in its elevadon. On the north fide of the town, the Efopus Kill winds th^ongh rich and beautiful lawns. The people of Ulfter having long enjoyed an undilturbed tran- OF NEW-YORK. quIUity, are fome of the moft opulent fanners in the whole colony. This county is moft noted for fine flour, beer, and a good breed of draught horfes. At the couimencement of the range of the ApalAchian hills, about ten miiesfrom Hudfon's river, is an inexliauitible quairy of niillftones, which far exceed tho.'e from Colen in Europe, formerly imported here, and fold at Sol. a pair. The Mai bletown millftones colt not a fourth part of that fum. This, and the counties of Duchefs and Orange, abound with limeftone : and on the banks of Kudfon's river, are found great bodies of blue flate. The principal villages, befides Kingfton, are Marbletown, Hurley, Rocheller, New Paltz, and the Wall-kill, each of which is furrounded with fine tracts of low land. The mi- licia of UUler is about fifteen or lixteen hundred men and a company of hoile. ORANGE COUNTY 13 divided by a range of mountains, ftretch- ing weftward from Hudfon's river, called the high- lands. On the north fide, the lands are very broken, but fertile, and inhabited by Scotch, Irifli, and Englifh prefby- terians. The fociety's miflionary in UUler preaches here fometimes to a Cim.ll congregation of the epifcopal perfua- lion, which is the only one in the county. Their villages are Gofhen, Bethlehem, and Little Britain, all remarkable for producing, in general, the bcft butter made in the co- lony. The people on the fouth fide of the mountains are all Dutch : and Orange town, more commonly called by the Indian name Tappan,is afmall but very plealant inland vil- lage, with a ftone court-houle and church. The militia con- fiftsof about thirteen hundred fighting men. This county joins to the province of New-Jerfey on the fouth ; and the non-fcttlenient of the partition-line has been the ^reateft obftrucftion to its growth. There is a very valuable trad;, called the Drowned Lands, on the north fide of the mountains, containing about 40 or 50,000 acres. The waters, which defcend from the furrounding hills, being but flowly difcharged by the river iflaing out of it, cover thefe vaft meadows every win- ter ; and hence they become extremely fertile. The fires kindled up in the woods by the deer hunters in autumn, are communicated by the leaves to thefe meadows, before the waters rife above the channel of the river, and a dread- t H E HISTORY ful devouring conflagration over-rnns it, conramlng th*' herbage for ievcial days. Tlie Wall Kill river, ^vhich runs thrpugli this extcnfive, amphibious tra(5t, if I may ufe thp exprellioii, is in the Ipring Rored wiih eels of uncommon lize and plenty, very ufei'id to the farmers reliding on its banks. The river is about two chains in brea-Jtb, where it leaves the drowned lands, and has a confiderable lall. Tl]e bottom of it is a broKen rock : and 1 am informed by mr, Cliiiio!), a gentleman of ini^euuiiy and a mathematical turn, thiitthc channel mi^^ht, foi lefs ilian 2,occl. be fufficieiiily deepened to draw off all the water irom the meadoNV^. Some parts near the bnnk? of the upland, have been ahea- dy redeemed from the (loodf?. Thefc.fpots ai e very fiprtile, and produce tnglifli grafs, hemp, and Indian corn. The mountains, in the county of Orange, are clothed thick with timber, and abound with iron oie, ponds, and fuie llreams for iron works. ' oflien is well fupplied with white ceda-, and in fowie parts of the woods is found g eat plenty of black wahuir. Before I proceed lo tlie defcription of the fpnthern coun- ties, I beg leave to fay a few words concerning Hudfob's river. Its fourcc has not, as yet, been difcovcred. We know, in general, that it is in the mountainous, uninhabited coun- try, berv/ecn the lakes Ontario and Chauiplain. In fts cour.'e fonthvvard, it app-oaches the Mohawk's river with- in a few miles at Saucondauga. From thence it runs north and norrh-ealtcrly towards lake St. Sacrament, now called lake George, and is not above 8 or lo miles diftant from ii. Thecourfe then to New- York is very uniform, being m the main fouth 12 or 1 3 ** welt. The diftancc from Albany to lake George is computed at 65 miles. The river, in that interval, is navigable only to batteaus, and inte iiipted by rifts, which occafion two pnitages, of half a mile each*. There are three routes •from Crown Point to Hudfon's river, in the way to Albany ; one thr ovigh lake George, another through a branch of lake Champlaili, b?arinrr a fouthern courfe, and terminating in a bafon, ^cvc. al miles eaft of lake George, called the South bay. The third is by afcending the Wood Creek, a lhallow ft; earn about one hundred feet broad, which, coming from * In th? paflage from Albany to fort Edv. ard, the whole land carriage is about rwelve or thirteen miles. ' ^ GF NEW - YORK. 32t tli.c fouth-eaft, empties itfelf into the fcuth branch of the lake Champ! ain. The place, where thefe routes meet, on the banks of Hnd- fon's river, is called the carrying place. Here fort Lyman, fince called fort Edward, is built : bat fort William Henry, a much ftronger garrifon, was erecfted at the foutii end of lake George, after the repulfe of the French forces under the command of baron Diefl^au, on the 8th of September, 1755. General Shirley thought it more advifable, to ftrengthen fort Edward, in the concurrence of three routes, than to erect the other at lake George, 17 miles to the northward of it, and wrote a very pi effing letter upon that head to fir William Johnfon who then commanded the provincial troops. The banks of Hudfon's river are, for the moft part, rocky cliffs, efpecially on the weftern Ihore. The paflaj^e through the highlands, affords a wild, romantic fcene, for fixteen miles, through iteep and lofty mountains. The tide flows a few miles above Albany. The navigation is fafe, and per- formed infloops of about 40 or 50 tons burden, extiemely w^ell accdmmodated to the river. About fixty miles above the city of New-York, the water is frefh, and, in wet fea- fons, much lower. The river is flored wich variety of fifh, which renders a fumnier's paflage to Albany, exceedingly diverting to fuch as are fond of angling. The advantages t this river for penetrating into Cana- da, and protecting the fourhern colonies from the irrup- tions of the French, by fecuring the command of the lakes, and cuttmg off the communication belw^een the V\ ench iet- tlements on St. Lawrence and the Miffiffippi, though but lately attended to, muft be very apparent to every judicious obferver of the maps of the inland part of North America. The French, as appears from the intended ii vafion, in 1689, have long eyed the Englif!i poUefiion of this pro- vince with jealoufy ; and it becomes us to fall upon every method for its protection and defence. The fingular conveniency of Hudfon's river to this pro- vince in particular, was fo fully fhown in one of the late papers, publifhed in 1755, under the title of the Inde- pendent Reflector, that I cannot help reprinting the paliage relating to it. " High roads, which, in mofr trading countries, are ex- tremely expenfive, and awake a continual attention for their reparation, demand from us, comparatively fpeaking, fcarce any public notice at all. The whole province is con- tained in two narrow obloiigs, extending from the city eafjb ili • ' f II E HISTORY an l north, hiving water carriage fi oni the extremity of one, a id t'rojn the diitance of one* iiuiidred and fixiy miles of tlie other ; a^i-l by ihc molt accurate calculation, has not, at a medi iin, above twelve miles of land carriage, through- put its v/!iole txttiit. This is one of the itrongelt motives to the Ic.ilement of a new country, as it affords the eaficft and molt fpccdy conveyance from the remoteft diitances, and at the lowcll expcnfe. The eftects of this advantage a. e greater than we ufually oblei vc, and arc therefore not fafhciently admired. The p:ovlnce of Pennfylvania has a fine foil, and through the im])ortation of Germans, abounds with inha- bitants ; but being a vail inland country, its produce muft, of confequcnce, be bi ought to a market over a great extent of ground, and all by land carriage. Hence it is, that Fhi- 1-uU lphia is crouded with waggons, carts, horles, and their drivers : a Itranger, at Lis firlt entrance, would imagine it to be a place of tiaffic, beyond any one town in the colo- nies : while at New Yo:k, in particular, to which the pro- dureof the country is all brought by water, there is more buiinefs, at leaft, bufnicfs of profit, though with lefs fhow and appearance. Not a boat in our river is navi^ted with more tlian two, or three men at moft ; and thele are per- petually coming in from, and returning to, all parts of the adjacent country, in the fame employments, that fill the city of Philadelphia with fome hundreds of men, who, ill refpeift to the public advantage, may juftly be fiiid, to be laborioufly idle : for, let any one nicely compute the ex- penfe of a waggon, wiih i:s tackling ; the time of two men in attending it ; their maintenance ; four horfes, and the charge of their provender, on a journey of one, though they often come, two hundred miles ; and he will find, thefe feveral pa riculars amount to a fum far from being inconfidcrable. All this time, the New York fanner is in the coarfe of his proper bufinefs, and the unincumbered acquifi:ioiiS of his calling ; for, at a medium, there is fcarce a farmer in the province, that cannot tranfport the frui*:1 of a year's labour, fi om the beft farm, in three days at a proper feafon, to fome convenient landing, where the market will be to liis farisfa.^tion, and all the wants from the merchant, cheaply fupplied ; befides which, one boat fhall {leal into the har bour of New York, with a lading of more burden and value, than forty waggons, one hundred and fixry horfes, and eighty men, into Philadelpiiia ; and perhaps with lefs noife, bhifter, or fhow than one. FiOwligious is the advantage we have in this article OF N E W - Y O R K. alone, I faall not enter into an abftnife calculation, to evince the exact value of it, in all tlie lights in which it may be confidere<3. Thus much is certain, that barely on account of our eafy carriage, the profits of farming ^A iih us, exceed thofe in Pennfylvania, at lead hy thirty per cent, and tha. differ- ence, in favour of our farmers, is of itfelf iufficient to enrich them ; Avhile the others find the difadvaniage they are expo- fed to, fo heavy, (efpeciatly the remote inhabitants of their country) that a bare f.ibfiflcnce is all they can reafonably hope to obtain. Take this province throughout, the expenfc of tranfportinff a bufhel of wheat, is bat two pence for the diftance ot one hundred miles : but the fame quantity, at a like diflance in Pennfylvania, will always exceed us one Ihilling at leail. The proportion between us, in the conveyance of everything clfe, is nearly the fame. Hov/ great, then, are the incumbrances to wiiich they are ex- pofed ! What an immense charge is faved to us 1 how fen- fible mult the embarraflinents they are lubject to, be to a trading people I" RICHMOND COUNTY confi's of Staten Ifland, which lies nine miles fonth weftward from the ciry of New York. It is alyut eighteen miles lons^aiiu, at a medium, fix or fcven in breadth. On the foutli fide is a conficierable tract of good level land j bat the- iilaui is, in general, rough, and the hills high. The inhabitants are principally Dutch and French. The former have a church : but the latter havirxg -teen long without a miniflcr, refort to an epifcopal church i;i Richmond town, a poor mc?n village, and the only one on the ifland. The paribn of the parifli receives 40I. per annum, raifed by a tax upon the county. Southward of the main coaft of this and the colony of Coiinecl:icut, lies Long liland, called b)^ the Indians, ]V!a- towacs, and named, according to an ac"t of ailembly in king William's reign, Naflau. Its length is computed at 1 20 miles, and the mean breadth, twelve. The lands cn the north and fouth fide are good, but in the middle, fandy and barren. The fouthern fliore is fortified agahift any invafion from the fea, by a beach inacceflible to fhips, and rarely to be ap- proached, even by the fmallefl long boats, on account of the furge, which breaks upon it with great fury, even when the winds are light. The coafl:, ealt and weft, ad- mits of regular foundings far into the ocean ; and as the lai:^ are, in general, low for feveral hundred miles. THE HISTORY nothing can be more advantageous to our fliips, than the high liinds oF Neverfink, near the entrance at the Hook, which are fcavce fix miles in length, and often fecn thirty leagues from the Tea. This illand affords the fincft rozds in America, it being very level and but indifferently >va- tered. It is divided into three counties. K I N G ' S COUNTY lies oppofire to New York, on the north fide of Long Ifl uul, The inhabitants arc all Dutch ; and, enjoying a good foil, near our markets, are generally in ea- fy circutnllances. The countv, wliich is very fmall, is fettled in every part, and contains fcvcral pleafant villages, viz, Bulhwick, Brooklyn, Bedford, Klat Buih^ Flat-Lands, Kevr- Utrechr, aad Gravcfcnd. (QUEEN'S COUNTY is more extcnfivc, and equally well fettled. The principal towns arc Jamaica, Hempflcad, Flulh- ing, Newtown and Oyfterbay. Hempflcad pi? in is a large, level, dry, champain heath, about fixteen miles long, and fix or feven wide, a common land belonging to the towns of Oyfterbay and Hempftead. The inhabitants are divided ituo Dutch and Knglifh prefbyterians, epifcopalians, and quakcrs. Tliere are but two epifcopal miffionaries in this county, one fettled at Jamaica, and the other at Hempftead : and er.:h of them receives 6ol. annually, levied upon all the in- habitants. SUFFOLK INCLUDES all the eaftcrn part of Long Ifland, Shelter inand,Fi!he!-'s Ifland, Plumb, Ifland, and the Ifle of White. This lar^e county has been long fettled, and except onefmall epifcopal congregation, confifts entirely of Englifh prefbyte- rians. Itsprincipal towns are Huntingdon, Smith-town, Brook- haven, Southampron, South-hold, and Eaft-hampton. The farmers are, for the moft part, graziers ; and, living very re- mote from New York, a great part of their produce is carried to ma-^kets in Bofton and Rhode IfLand. The Indians, who were formerly numerous on this ifland, are now become very inconfiderable. Thofe that remain, generally bind themfelves fervants to the Engiiih. The whale fifhery, oa OF NEW- YORK. the foiith fide of the illand, has declined of late years, through the fcarcity of whales, and is now almoit entirely neglected. The Elizabeth Iflands, Nantucket, Martin's Vineyard, &c. and Pemy Quid, which anciently formed Duke's and the county of Corn wal, are now under the jurifdicftion of the Maflachufetts bay. Sir William Phips demanded them of governor Fletcher, in February 1692-3, not long after the new charter to that province : but the government here was then of opinion, that, that colony was not entitled to any iflands weitward of Nantucket. An eftimate of the comparative wealth of our counties, may be formed from any of our aficfiinents. In 10, cool, part of a 45,0001? tax laid in 1755, the proportions, fettled by an adt of aliembly, flood thus : New York, o o Albany, 1,060 o o King's, 484 o o Queen's, 1,000 o o Suffolk, 860 o Q Richmond, 504 o o Weft-Chefter, 1,000 o o UliVer, 860 o o Duchefs, 800 o o Orange, 300 o o 10,000 o o CHAP. II. Of the inhabitants. THIS province is not fo populous as fome have imagined. Scarce a third part of it is under cultivation. The co* iony of Connecticut, which is vallly inferior to tliis in its extent, contains, according to a late authentic enquiry, above 1 3^,000 inhabitants, and has a militia of 27,000 men ; but the militia of New-York, according to the general efti- mate, does not exceed 18,000. The whole number of fouls i$ computed at 100,000. 326 THE HISTORY Many haye been tlic cUfcouragemeDts to die fetlcment of this colony. The French and Indian irrupiions, to which Nvc liave always been cxpoCcd, have driven many families into N'ew-Jcrfcy. At home, tiie Britirti acts for the tran- iportation of felons, have brought all the American colonics inLo difcredit with the indullrious and honert: poor, both in tlie kingdoms of Great-Britain and Ireland. The mifchievous tendency of thofe laws wab ilioN^-n in a lite paper, which it liiay not be imp oper to lay before the reader*. *^ It is too well known, that in purfiiancc of divers zSt% of parliament, g eat numbers of fellows, who have forfei ed their lives to the pa'olic, fo/ the moft atrocious crimes, are annually tianf]>oritd from home to thefe plantations. Very furpriilng one would think, that thieves, b irgla s, pickpockets, and cut-pm fes, and a herd of the moH: flagi- tious banditti upon earth, fliould be font as agreeable com- panions to us ! That the fiiprcme leginarurc did intend a tranfpo nation to America, for a punhhmenr of thefe vil- lains, I verily b?Ucvc : but fo great is the miftakp. that confident I am, they are thereby, on the contrary, liighly rewarded. For what, in God's name, can be mo' C ag'"eeable to a pcir.irious wrcrch, d.iven, through neccfli'.y, to feek a livelili^d by breaking of houfes, and robbing upon the king's highway, than to be faved from the halter, redeem- ed from the itench of a jail, an 1 tranfportcd, paflige free, into a countiy, where, being unknown, no man can re- proach him with his crimes ; where labour is hich, a liitle of which will maintain him ; and where all his expenfes will be moderate and low. There is fcarce a thief in Eng- land, that would not rather be tranfported than hanged. Life in any condition, but tha: of extreme mifcry, will be preferred to death. As long, therefore, as there remains this wide door of efcape, the number cf thieves and robbers at home, will perpetually multiply, and their depredations be inceilantly reiterated. Rut the acfts were intended, for the better peopling the colonies. And vrill thieves and murderers be conducive to that end ? what advantage can we reap from a colony of unreft' aln-^ble rencgadoes ? will they exalt the glory of the ciown ? or razher, will not the dignity of the moft illr.flri- ous monarch in the wd Id, be fullied by a province of Hib- jecls fo lawlcfs, deteftable, and ignominious ? can agricyl- ture be promoted, when the wild boar of the foreft breaks * The independent refieclor. OF N E W . y O R K. down oiirhe(^ges and pulls up oar vines? will trade flourifli, or manufadtmes be encouraged, where property is made the fpoil of fach who are too idle to woik^ and wicked enough, to murder and tteal ? " Belides, are we not flibjeAs of the fame king, with the people of ii^n^land — members of the fame body politic, and therefore entitled to equal privileges with them I if fo, how injurious does it feem to free one part of the dominions, from the plagues of mankind, and call them upon another? Should a law be propoled, to tal:e the poor of one panih, and billet them upon another, would not all the world, but the parifli to be relieved, exclaim agaiiill fuch a project, as iniquitous and abliird ? Should the numberlefs villains of London and Weftminlter be fuffered to efcape from their prifons, to range at large, and depredate any other part of the kingdom, would not every man join with the fufferers, and condemn the meafure as hard and unreafonable ? And though the hardfhips upon us, ai e indeed not equal to thofe^ yet the miferies that flow from laws, by no means intended to prejudice us, are tco heavy, not to be felt. But the co- lonies nnift be peopled. Agreed : and will the tranfportation adls ever have that tendt^ncy ? no, they work the contra- ry way, and counteract their own defign. We want people, 'tis true, but not villains, ready at any time, encouraged by impunity, and habituated upon the llighteft occalions, to cut a man's throat, for a fmall part of his property. The delights of fuch company, is a noble inducement, indeed, to the honeft poor, to convey themfelves into a ftrange country. Amidtt all our plen:y, they will have enough to exercife their virtues, and fcand in no need of the aflbciation iDf fuch, as will prey upon their property, and gorge theni-- Telves w4th the blood of the adventurers. They came over in fearch of happinefs ; rather than ftarve, will live any where ; and would be glad to be excufed from fo afllid;ing an antepart cf the vormenrs of hell. In reality, fir, thefe very laws, though otherwife defigned, have turned out, in the end, the moft elfecflual expedients that the art of man could have contrived, to prevent the fettlement of thefe remote parts cf the king's dominior.s. They have acftually taken away almolt every encouragement to fo laud- able a defign. I appeal to facets. The body of the Englifh are ftruck witn terror at the thought of coming ever to us, not becaufe they have a vaft ocean to crofs, or leave behind them their friends ; or that the country is nev/ and unculti- vated : but from the Ihocking ideas, the mind muft necefla- vily form, of the company of inhuman favages, and the 228 THE HISTORY more terrible herd of exiled malefacftors. There are thoiH funds of hoJicft men, labouring in Europe, at four pence a day, llarving in fpite of all tlicir efforts, a dead weight to the refpective pariflies to which they belong ; who, with- out any other tjualifications ilian connnon lenle, health, and Itrengih, might accumulate eilates among us, as many have done already. Thcl'e, and not the otiicrs, are the men that fliould be lent over, for the belter peopling the planta- tions. Great- Britain and Ireland, in their prefent cirtum- llanccs, are ovcrltocked with them ; and he who would innnortalize hin.ltlf, lor a lover of mankind, fhould con- cert a fc hcme for the tranfportation of the induilrioully honell abroad, and the immediate punilhment of rogues anlundcrers at home. The pale-faced, half-clad, meagre, and Itarved Ikeletons, that are fcen in every -village of thofe kinnjdoms, call loudly for the jiatriot's generous aid. The plantations, too, would thank him for his alliilance, in ob- taining the repeal of thofe laws, which, though otherwife intended by the legiflature, have fo unhappily proved in- jurious to his own countiy, and ruinous to us. — It is not long fnice a bill pailcd the commons, for the employment of fuch criminals in his majelty's docks, as fhould merit the gallows. The deiign was good. It is confillent with found policy, that all thofe, who have forfeited their liberty and lives to their country, fhould be compelled to labour the relidiieof their days in its fervice. But the fcheme was bail, and wifely was the bill rejected by the loi-ds, for this only rcaibn, that ir had a natural tendency to difcredit the king's yards : the confcquences of which mult have been prejudi- cial to the whole nation. Jufl fo ought we to reafon m the prefent cafe ; and we fliould then foon be brought to con- clude, that though peopling the colonies, which was the laudable motive of the legiflature, be expedient to the p iblir ; abrogaiing the tranfportation laws, mull be equal- ly neceflary The bigotry and tyranny of fomc of our governors, to- gether with the great extent of their grants, may alfb be cnniidcrcd among the difcouragements againft the full fer- tlemrnt of the province. Molt of thefe gentlemen com- int;; over with no other view than to raife their owu fortunes, illiisd extravagant patents, charged witii fmall quit rents, to fuch as were able to ferve them in al- f mbly : and thefe patentees being generally men of ef- ta .es, have rated their lands fo exorbitantly high, that \ery few poor perfbns could either parchafe or leafe them. Aild to all thefe, that the New-England planters have always been difaffedted to the Durcli, nor M as there, after the fun en - O F NEW- Y O Pc K . [ der, any foreign acceflion from the Netherlands, The pre* Tince being thus poorly inhabited, the price of labour be- came fo enoiTiioully enhanced, that we have been confti ain- ed to import negroes from Africa, who are employed in all kinds of fervitude and trades. Englilh is the moft prevailing language am.ong ns, but not a little con-upted by the Dutch dia;Iect, which is ftill fo much ufed in fome counties, that the IherifFs find it difficult to obtain perfons fufficiencly acquainted with the Englifh tongue, to ferve as jurors in the courts of law. The manners of the people differ, as well as their lan- guage. In Suffolk and Qiieen's county, the firfl fettlers of which were either natives of England, or the immediate defcendants of fuch as began the plantations in the eaflern colonies, their cuftoms are fimilar to thofe prevailing in the Englifh counties, from whence they originally fprang. In the city of New- York, through our intercom le with Europe- ans, we follow the London fafhions ; though, by the time we adopt them, they become difufed in England. Our af- fluence during the late war, introduced a degree of luxury in tables, drefs and furnitur**, with which we were before un- acquainted. But Itill we are not fo gay a people as our neigh- bours at Bolton and feveral of the foutliern colonies. The Dutch counties, in fome meafure, follow the example or New- York, but ftill retain many modes peculiar to the HoK landers. The city of New-York confifls principally of merchants, fhopkeepers, and tradcfmen, who fultain the reputation of lioneft, punctual and fair dealers. With refpect to riches, there is not fo great an inequality among us, as is common in Boflon, and in fome other places. Every man of induftry and integrity has it in his power to live well, and many are the inftances of perfons, who came here diibreiied by their po- verty, who now enjoy e:xfy and plentifid fortunes, New-York is one of the mo!l focial places on the contin- ent. The men colledt themfelves into weekly eve:iingclubs. The ladies, in winter, are frequently entertained either at concerts of muiic or alfemblies, and make a very good ap- pearance. They are comely, and drefs well ; and fcarce any of them have diftorted fhapes. Tinc^tured with a Dutch edu- cation, they manage the-ir families with becoming parfi- mony, good providenlcntiful tables, abounding with great varieties of fielii, lilh, fowl, and all kinds of vegetables. The com- mon drinks are beer, cyder, weak punch, and Madeira wine. For deiert, we have fruits in valt plenty, of diflerent kinds and various fpecies. Gentlemen ol' ellates rarefy refide in the country, and hence few or no experiments have yet been made in agricul- ture, l lie farms being large, our hulbaudmen, for that rea- fon, have Utile recourfe to art for manuring and improv- ing their lands ; but it is faid, that nature has furniflied us with fullicicut helps, whenever necelhiy calls us to ufe them. It is much owing to the difproportion between the number of our irihabiiarii!:, and l1»c vail tracts remaining ftill to be fcitled, tluiL we have, as yet, entered upon icarce any other mauul'aclures, than fuch as arc indifpcnfibly neceflary for our home convenience. Felt-making, which is perhaps the molt natural of any we could fall upon, was begun fome years ago ; and hats w ere exported to the Welt Indies with great mccefs, till lately prohibited by an acSt of parlia- ment. The inhabitants of this colony are in general healthy and robuft, taller but (horier lived than Europeans, and, both with refpcct to their minds and bodies, arrive fooner to an age of maturity. Breathing a ferene, dry air, they are more fprightly in their natural tempers, than the people of Eng- land ; and hciice inftances of fuicide are here very uncom- mon. The hiltoryof oin* difeafesbelongs to a profelTion w ith which I am very little acquainted. Few phyficiansamongft us are eminent for their Ikiil. Quacks abound like locults in Egypt ; and too many have recommended themfelves to a full pi*a(5tice and profitable fubfiftence. This is the lefs to be wondered at, as the profeilion is under no kind of regu- lation. Loud as the call is, to our fliame be it remembered, OF N E W . Y O R K. we have no law to protect: the lives of the khig's fiibjetfls, from the malpractice of pre':enclers. Any man at his plea- fure fets up for phylician, apothecary, and furgeon. No candidates are either examined or licejifed, or even fworn to fair pradlice*. The natural hiftory of this province Avould oficfelf furniih a fmall volume, and therefore I leave this alfo to fuch, as have capacity and leifure to make ufeful ob- fervations, in that curious and entertaining branch of natU7 ral philofophy. CHAP. Ill, Of cur trade. THE fituation of New-York v/ith refpeA to foreign mar- kets, for reafons elfe where affigned, is to be prefeiTed to any of our colonies. It lies in the centre of the Britilh plantations on the continent, has at all times a Ihort, eafy accefs to the ocean, and commands almoft the \yhole trade of Connecticut and New-Jerfey, two fertile and well-cul- tivated colonies. The projeciHon of Cape Cod into the Atlantic, renders the navigation from the former to Bof- ton, at fome feafons, extremely perilous ; and fometimes the coafters are driven off, and compelled to winter in the Weft-Indies. But the conveyance to New-York, from the eaftward through the found, is fhort and unexpofed to fuch dangers. Philadelphia receives as little advantage from New-Jerfey, as Bofton from Connec^ticut, becanfe the only rivers which roll through that province, difembogue not many miles from the very city of New York. Several at- tempts have been made to i*aife Perth Amboy into a trading port ; but hitherto it has proved to be anunfeafible project;. New-York, all things confidered, has a much better fitua- tion, and were it otherwife, the city has become too rich and confiderable, to be eclipfed by any other town in its neigh- bourhood. r ■ ■ * The necCility of regulating the prad:ice of phyhc, and a plan for that purpofe, were ftrongly recommended by the author of the independent refleAor, in 1753, ^'^'b^ii tbe ci- ty of New- York alone boafted the honour of havmg above fprty gentlemen of that faculty. 232 ' T H E H I S T O R Y Our merchants arc compared to a hive of bees, who iji. dultrioufly gather honey for others — non ^lokis vicUificatis ap:s. The profits of our ti adc ccnirc cUiefly in Great-Bri- tain, and for that reafbn, nieiliinks, among ethers, wconght always to receive the generous aid and proieciion of our mo- ther country, hi our traffic with other ph\ccs, tlie balance is ahnofl: conllav^tly in our favour. Our cxix)rts to the Wdt Indies are bread, peafe, rye-meal, Indian corn, apples, oni- 0)is, hor^rtls, ilaves, horfts, fliecp, butter, clieefe, pickled oylters, beei', and pork. Flour is alfo a main article, of < "VN'hich tneie is fliippcd about 8o,ooo barrels per annum. To prefer\e the credit of this important bri'nch of our ftaple, T»'e have a good law, appointing ofTicers to inipcct and hranil every cafk before its exportation. The returns are chicily rnin, fngar, and melallirs, except cafn from Ciuacoa, and when nudes, from the Spanlfli main, are ordered to Jamaica, and the windward iflancis, which arc generally exchanged fjr their natural produce; for we receive but Ut- ile cafli from our ow n illands. The balance againft them Avouldbe much more in our favour, if the indulgence to our lugar colonics, did not enable them to fell tiieir produce at a highc'* rate than cither the Dutch or French illands. The Spaniards commonly contract for provihons, with merchants in this and tlie colony of Pennfylvania, very mudi to the advantage both of the contractors and the pub- lic, becaufe the returns are wholly in cafli. Our w heat, fionr, » Indian corn, and lumber fliippcd to Liflwn and Madeira, ba- lance the Madeira w ine imported here. The logwood trade to the bay of F^cnduras is \cYy confi- derable, and was pnfhed by our merchants with great bold- 5ieisin the moil dangerous times. The exportation of flax- feed to Ireland is of late very much increafcd. Between the 9th of December 1755, and ilie 2;d of February following, we fjiipped off 12,52? ho^flieads. In return for this article, linens are imported, and bills of exch nge drawn, in f avour of England, to pay for the dry goods we pui chafe there. Our Icgwood is remitted to the J>iglifh merchants for the fame purpofe. Tne fur trade, though very much impaired by French wiles and enc roachmenis, ought not to be palled o^er in fi- ieiice*. The building of Olwego, has conduced more than /any thing elfe to the prefervation of this trade. Peltry of * It is computed that formerly, we exported 1 50 hogf- heads of beaver and other fme furs, per annum, and 2co ^logftieads of Indian-drefied deer-fkins_, bcfidcs thofe carri- OF N E W - Y O R K. ^235 all kinds is purchafed witli nim, ammnnition, blankets, ilrouds, and wampum, or conque-fliell bugles. The French Tur trade, at Albany, was can-led on till tiie fummer 1755, by the Caghnuaga profelytes ; and inreturn for their peltry, they recei^ ed Spanifh pieces of eight, and ferae o:her arti- cles which the French want, to complete their alibrtment of Indian goods. For the favages prefer the Englifti ftrouds to theirs : and the French found it rheir intereft to purchase them of us, and tranl'port them to the weftern Indians on the lakes Erie, Huron, and at the ftreight of Millilima- kinac. Our importation of dry goods from England is fo vaftly great, that we are obliged to betake, ouvfelves to all pofli- ble arts, to make remittances to the Briiifh merchants. It is for this purpole we import cotton from St. Thomas's and Surinam — lime-joice and Nicaragua wood from Curacoa — and logwood from the bay, &:c. and yet it drains us of all the lilver and gold we can collect. It is computed, that the an- nual amount of the goods purchafed by this colony in Great Britain, is in value not lefs than ioo,ccol. ilcrling ; ar.d the fum woidd be much greater, if a ftop was put to all clandeftine trade. England is, doubtiefs, entitled to all our fii perfluities ; becaufe our general interefls are clofely ccn- iiected, and her navy is our principal defence. On this ac- count, the trade with Hamburgh and Holland for duck, chequered linen, oznabrigs, cordage, and tea, is certainly, upon the whole, impolitic and unreafonable ; how much fo- ever it may conduce to advance the intciell of a few mer- chants, or this particular colony. By what meafnres this contraband trade may be efFecfliial- ly obllru(fVed, is hard to determine, though it well deferves the attention of a Briiifli parliament. Increafuig tiie num- ber of cuftom-houfe oiTicers, will be a remedy \vorfe than the difeafe. Their falaries would be an additional charge upon the public ; for if we argue from their conduct, we ought not to prefume upon their fidelity. The cxclufive right of the Eail-India company to import tea, while the colonies purchafe it of foreigners ;o per cent, cheaper, muft be very prejudicial to the nation. Our people, both in town and country, are fuamefully gone into the habit of tea-drinking : and it is fuppofed we confume of this com- modity in value near io,oool. iterling per annum. ed from Albany into New- England, Skins inidrefled are *ifually Ihipped to Holland. 23 " H E HISTORY Some arc of opinion, that the fifliery of ftnrfffons, which alKiuii'l in nuclibn's river, might be iinpro\ca to the jrreat advaniage of the colony ; and that, if piojxrr nicnlurcs were concerted, much pi ofir v.ould a ilc iVom (]\ip-building and naval ftores. It is certain we have timber in valt plenty, o^k, wiiite and black puies, fir, localt, red and wiiiie inalb'jrry, anoints a clergym.an hers for his commillary. The minifters are called by the parti- cular churches, and maintained by the vohmtary contribu- tion of their auditors and the fociety's annual allowance, there being no law for tythes. The Engliili prefoyterians are very numerous. Thofe in- habiting New York, New Jerfey, Pennfylvania, and the three Delaware counties, are regularly formed, after the manner of the church of Scotland, into confiitories or kirk feflions, prefbytenes and fynods, and will probably fboii join in erecting a general aucmbly. The clergy are ordain- ed by their fellows, and maintained by t]}eir refpe-itive congregations. I except thofe mlilionaries among the In- dians, whofe fubfiftence is paid by the fociecy in vScotland for propagating chriltian knowledge. None of the prelby- terian churches in this province are incorporated, as is the cafe of many in New Jerfey. Their judicatories are upon a very pi'oper eftablifhment, for they have no authority by legal fanCtions to enforce their decrees. Nor indeed i's THE HISTORY any religious feift, among us, legally invefted wiili powers prejudicial to the common pnvileges of the reft. The do- iTprehen- five of its endangering their ccclcfiaiHcal dtabliilnnent. Scotland was to have but a fmall fharc in the legidature of Great Britain, but forty-five members in the houfe of com- mons, which confifls of above five hundred ; and but lix- teen in the houfe of lords, which then cojifilled of near an hundred, auvd might be increafcd by the fovereign at plea- fure. The Scots, therefore, to prevetit having tlieir ecclefi- aftical eftablifhment repealed in a Briti{h parliament, where they might be fo cafily out- voted by the Englifli members, pafled an act, previous to the union, ellablifhing the prefbyterian church within the kinsidom of Scotlancf, in perpetuity, and made this a:l an cllential and funda- mental part of the union, which might not be repealed, or altered by any fiibfequcnt Britifh parliament ; and this pat the Englifh parliament upon palling this ac^tfor fecuring the church of England. Neither of them dcfigned to en- large the bounds of their ecclefiaflical conflitution, or extend their eftablifhment farther than it reached before, but only to fecure and perpetuate it, in its then prefent ex- tent. This is evident, not only from the occafion of the acft, but from the charitable temper the Englifh parlia- ment was under the influence of, w hen they pafled it. The lord North and Grey oWered a rider to be added to the bill for an union, viz. That it mi^ht not extend to an appro- bation or acknowledgment of tlie truth of the prefbyterian Avay of worfhip, or allowing the religion of the church of Scotland to be what it is filled, the true proteflant religion. But this claufe was rcjc«fted. A parliament that would ac- knowledge the religion of the church of Scotland, to be the true proteftant religion, and allow their acfts to extend to an approljation of the prefbyterian way of worfhip, though they might think it beft to fecure and perpetuate the church of England within thofe bounds, wherein it was before * A minifter of one of the churches at Fairfield, in Con« itetflieur. O r N E W - Y O R K. 24; cftablilhed, can hardly be fuppofed to have defigned to Extend it beyond them. The tkle of the ad: is exavftly agreeable to what we have faid of the defign of it, and of the temper of the par- liament that pafled it. 'Tis entitled, an ad: not for enlarg- ing, but for lecuring the church of England, and that not in the American plantations, but as it is now by law eftab- lifhed ; which plainly means no more than to perpetuate it within its ancient boundaries. The proviiion, made in the acT: itfelf, is well adapted to this defign ; for it enads, that the acl; of the thirteenth of Elizabeth, and the ad of uniformity, pafled in the thir- teenth year of Charles II. and all and lingular other ads of parliament, then in force for the eftablifliment and prefer- vation of the church of England, fhould remain in full force forever ; and that every fucceeding fovereign Ihould, at his coronation, take and fubfcribe an oath to main- tain and preferve inviolably the faid fettlement of the church of England, as by law eftabliftied, within the king- doms of England and Ireland, the dominion of \^^ales, and town of Berwick upon Tweed, and the territories there- iinto belon^ring. This ad doth not ufe fuch expreflions, as would have been proper and even neceflary, had the defign been to have made a new ellablilhment ; but only fuch as are proper to ratify and confirm an old one. The fettlement, which the king is fworn to prefei ve, is re- prefented as exilling previoully to the pafling this ad, and not as made by it. '1 he words of the oath are, to maintairi and preferve inviolably the faid fettlement. If it be alked, what fettlement ? The anfvver mud be, a fettlement here- tofore made and confirmed by certain ftatutes, which, for the greater certainty and fecurity, are enumerated in this ad, and declared to be nnalterable. This is the fettlement tlie king it fwom to preferve ; and this fettlement has no relation to us in America. For the act, which originally ir.ade it, did not reach hither and this ad, which perpetu- ates them, does not extend them to us. It is a miftake to imagine, that the word teiritories ne- ceflariiy means thefe American colonies. Thefe countries are ufually, inlaw, as well as other writings, ftiled colonies or plantations, and not terriro. ies. An inltance of this we have in the charter to the * fociety for propagating; the gofpel in foreign parts." And it is the invariable praifSce oF the legillann-e, in every ad: of parliament, both before and after this act, defigned to affed us, to ufe the words cclo- .nies, or plantations. Nor is it to be fappnfed, that, in fo im- THE HISTORY portant a matter, words of fo direct and broad an intent \vouU have been omitted. The iflands of Jcrfcy and Gue. nfey v eie piopnly territoiies belonging to the king- dom of I'.ngland, be fore the unioji took place : and they Hand in the iaine relation to the kin^rdoni of Great Uritain fitice. The church of Knglund was ellabUflied in thefe iflands, and the Icgjflatine intended to perpetuate it in them, as w^'cll as in England itfdf; fo that as thefe illands were not particularly named in the acT:, there was occaiion to ufe tlie word territories, even upon tlie fuppofnion, that they did not dcfign to make the eltabllflnnent more exten- five than ic was before this law paflcd." further, in onler to include the plantations in the word territories, we muli fuppofe ic always to mean CNcry other part of the do- minions not particularly jnentioncd in the inlh ument that ufes it, which is a conltractioii that can never be admitted : for, hence it will follow, that thole commiflions, which give the government of a colony, and the territories there- on depending in America (and tliis is the cafe of every one of thein) extend to all the American colonics, and their governors mull of confequence have reciprocal fuperinten- dencics ; and ll'.ould any commiliion include the word ter- ritories gener.dly, unreftric^ed to America, by the fame con- llrucTtion, the governor therein mentioned, might exercile an authority under it, not only in America, but in Africa and the Indies, and even in (ha kin<[;d(»m of Ireland, and perhaps, in the abfencc of the king, in Great-Britain itfclf^ Mr. llobart goes on, and argues againft the eftablifhment^ from the light in whicii the acl of union has, ever fince it waspafled, been confidered. Dr. liillL', bilhop of Hereford, (fays he) a member of' the fbciei:y, preached the annual fennon, February 21, 1 71 7, ten years after the acft of union took place ; and he fays, it would have well become the wifdom wherewith that great work (the reformation or eilablifhment of the church of Eni^laad) was conduc^ted in this kingdom, that this for- eig^n enter j^rifc (the fettlement of plantations in America) alfo fhould have been carried on by the government in the like regular wav. But he ow^ns the government at home did not interpofe in the cafe, or eftablifh any form of relio;ion for ns. In truth (fays his lordlhip) the whole was left to the wifdom of the lirlf proprietors, and to the conducl: of every private man. He obferves, that of late years the civil in .ereil hath been regarded, and the dependence of tlie co- lonies, on the imperial crown of the realm, fecured : but zhziij with regard to the religion of the plantations; his O F N E W-Y O R k. lordlhip acknowledges, that the goverimient itfelf here at liome, fovereigii as it is, and invelted, doubtlefs, witli fuf- ficient authority there, hath not thought fit to interpofe in this matter, otherwife than in this charitable way : it hath enabled us to alk the benevolence of all good chriftians, to- wards the fupport of niiflionavies to be lent among them. Thus bifhop Bifle thought as 1 do, and that the aiil of union, nor any other law prior thereto, did extend the ellablifhnient to the plantations : and if the fociety had not been of the fame ojnnion, they would hardly have printed and difperf- ed his fermon. Neither did the civil rulers of the nation, who may juftly be fuppofed acquainted with its laws, think the act of union, or any other law, eflablifhed the church of England in America. This is plain from the let- ter of the lords juftices to governor Dummer, in the year 1725, almod twenty years after the union, wherein they fay, there is no regular eftablifhment of any national or provincial church in thele plantations. . , "If it be urged, tliat the king's commiflion to the late biihop of London, proves an ecclefiaftical eftablifmnent here, it is fufficient to anfwer, that his lordfliip was remark- able for ll^ill in the laws, fo far as they relate to ecclefi- aftical affairs, as appears from his codex ; and he was of the contrary opinion ; for m his letter to dr. Colman, of May 24, 1735, he writes thus: my opinion has always been, that the religious ftate of New England is founded in an equal liberty to all proteitants ; none of which can claim the name of a national eftablifhment, or any kind of fupe- riority over the lei}:. This opinion the bifhop gave not only fince the acl: of union, but even feven years after he had re- ceived his ccmmiiiion ; and furely it muft be admitted, that as he had time enough to coiifider it, fo he, of all others, beft underftood it." Thus far mr. Hobart. With refpetft to the acT: of union, I beg leave only to fubjoin, ihnt it is highly probable, the Scotch parliament believed the Englifh intended to eilablifli their church only in England. For in the clofe of the atft, by which they had eftablifhed the pref- byterian church m Scotland, it is declared, in thcfe exprefs words, " That the parliament of England may provide for the fecurity of the church of England, as they think ex- pedient, to take place within the bounds of the faid king. dom of England." And whatever latitude the word king- dom has in common fpecch, it, in a legal fenie, is limited to England, properly fo called, and excludes tlie planta-^ tions. a I THE IIISTOHY Nor can we fuppofe, that the church of England is eftab- liffiecl in thefe coloirics, by any a(^ts prior to the aerfonsin it. And we do hereby give and grant imto you full power and au- thority with the advice and confcnt of our faid council fiom time to time as need fliall require to fummon and call gen- eral ailemblies oftlie faid freeholders and planters within your goveniment according to the ulage of owr province of New York. And our will antl pleafurc is that the perfons thereupon duly elected by the major part of the freehol- ders of the rcfpec'tive counties and places and fo returned fh'jll before their fitting take the oaths mentioned in the faid act entituled (an ac't for the further fecurity of his ma- jeity's pcrfon and government and the lucceflion of the 'crown in the heirs oftiie late princefs So]>hia being pro - teftants and for exringuifhing the hopes of the pretended prince of Wales and his open and fecret abettors) as alfo make and fubicribe the aforementioned declaration (which oaths and declarations you fhall commiflionate fit pcrfoi s undrr our fealof New York to tender and adminillcr ur - to them) and until the fame fhall be lb talien and fnbfcrib- ed no perfon (hall be capable of fitting though elected And we do hereby declare that the perfons fo elected and qua- lified fliall be called and deemed the general aflembly of that our province and the territories depending thereon And you the faid fir Danvers Oibom by and with the confent OF E W - Y O R K. 25t of our laid coi^ncil and aflcnibly or the major part of them refpetflively (hall have full power and authority to make conftitute and ordain laws ftatutes and ordinances for the public peace welfare and good government of ourfaid pro- vince and of the people and inhabitants thereof and fuch others as fhall refort thereto and for the benefit of us our heirs and fucceflbrs which laid laws ftatutes and ordinances are not to be repugnant but as near as may be agi-eeable to the laws and ftatutes of this our kingdom of Great Britain provided that all fuch laws ftatutes and ordinances of what nature or duration foever be within three months or fooner after the making thereof tranfmitted unto us under our leal of New York for our approbation or difallowance of the fame as alfo duplicates thereof by the next conveyance and in cafe any or all of the faid laws ftatutes and ordinances being not before confirmed by us Hiall at any time be difal- lowed and not approved and fo fi^ified by us our heirs or fucceflbrs under our or their fign manual and fignet or by order of our or their privy council unto you the laid ftr Dan- vers Ofborn or to the commander in chief of our faid pro- vince for the time being then fiich and fo many of the faid laws ftatutes and ordinances as ftiall be fo difiillowed and not approved fhall from thenceforth ceafe determine and become utterly void and of none effecl any thing to the con- trary thereof notwithftanding And to the end that nothing may be pafled or done by our faid council or aflembly to the prejudice of ui our heirs or fucceflbrs we will and or- dain that you the faid fir Danvers Ofborn fhall have and enjoy a negative voice in the making and palling of all laws ftatutes and ordinances as aforefaid and you fhall and may likewife from time to time as yon fhall judge it necef- fary adjourn prorogue and diflblve all general aflemblies as aforefaid. And our further will and pleafure is that you ftiall and may ufe and keep the public feal of our faid pro- vince of New York for fealing all things whatfoever that pafs the great feal of our faid province under your govern- ment And we do further give and grant unto you the faid ftr Danvers Ofborn fall power and authority from time to time and at any time herearLer by yo'^rfelf or by any other to be authorized by you in that behalf to adminifter and give the aforementioned o?.ths to all and every fuch pc fori nnd peiTons as you fhall think fie w:io fliall at any time or times pafs into our faid province or fliall be re^xlent or' abiding there. And we do further bv thefe pre-ents give and grant unto you the f\id ftr Danvers Ofrotn full power and authority with the advice and confent of our faid coim- THE HISTORY cil to erect conlHtutc and cdablilh fiich and fo many courts ofjuflkacnre and public jufticc within our faid province un- der your govcrnnjcnt as you and tlicy lliall think fit andne- ceiliry for tlie hcarinn; and dctcnr.iiiing of all car.litjs as well criminal as civil according to law and tqiiiiy and forawarding exception thereupon with all rcafonahle and neccHiiry j)ow- crs autlioritics fees and privileges belon;;ing thereunto as al- fo to appoint and conunilllonate (it perlbns in the feveral parts of your novcrnnient to adniiniiler the oalhs meniioned in the afo; claid act cntitulcd an ac't for the further fecuriry of h'/.niajclVy'sperfon and government and ihe fucceillon of the crown ni the heir: of thcTateprinc efs Sophia being pi otellants and for extinguilliing the hopes of the prctendcil prince of Wales and hi:> open and fecret abettors as alfo to tender and adminillicr the aforcfaid declaration unio fnch perfons be- longing to the laid courts as fliuU be obliged to take the fai.ic And we do licreby authorile and empower you to con- liitute and apj^oint judges and in cafes requifne connnif- lione s of oyer and terminer juftlces of the peace and other necellary oflicei s and minifVers in our faid province for the bcrer adminifliration of jultice and putting the laws in exe- cution and to adminiller or caufe to be adminiftered unto them fiich oatli or oaths as are nfually given for the due execuLion and performance of oflices and places and for the clearing of truth ui ji dicial caufes And we do hereby give and grant unto you full power and autliority where you fliall lee caufe or fliall judge any cffenrler or offejiders in c\ Iminal matters or for any fines or forfeitures due unto us fit objects of our raercy to pardon all fuch offenders and to remit all fr.ch oflcnces fines and forfeitures (treafon and wilful murder only excepted) in whicli cafes you fliall like- wife have power upon extraordinary occafions to grant re- prieves to the offenders until and to the intent our ro>al pleafuve may be known therein. And we do by thcfe pre- fents anthorifc nnd empower you to collate any perlbu or perfons to any churches chapels cr other ecclefialHcal be- nefices within our faid province and territories afore- faid as often as any of them fhall happen to be void. And we di. hereby give and grant unto you the faid fir Danvers Ofbom by yourfclf or by your captains and commanders by you to be authorifcd full power and authority to levy arm mufler com rand and employ all perfons whatfoever re- iiding within our faid province of New- York and other the tcri icories under your government and as occaf^on ihall ferve to march from one place to another cr to emxbarl: rhem for the reliitms ^lud withfcariding of ail enemies pirates and rebels OF N E W . Y O R K. both at fea and land and to tranfport fuch forces to any of our plantations in America if necelfity lhall require for the defence of the fain-e againft the invafionsor attempts of any of our enemies and fuch enemies pirates and rebels if there lliall be occafion to purfue and profecute in or out of tlie li- mits of our faid province and plantations or any of them and if it fliall fo pleafe God, them to vanquilli, apprehend and take and being taken either according to law to put to death or keep and preferve alive at ) our difcretion and to execute martial law in time of invafion or other times vt'hen by law it may be executed and to do and execute all and every other thing and things which to our captain general and governor in chief doth or ought of right to belong And we do hereby give and grant unto you full power and authority by and with the advice and confent of our faid council to erect raiie and build in our faid province of New- York and the territories depending thereon fuch and fa many forts and platforms, caitles, cities, boroughs, towns and fortifications as you by the advice aforefaid fliall judge neceflary and the fame or any of them to fortify and furnifh with ordinance, ammunition and all forts of arms fit? and neceflary for the fecuiity and defence of our faid pro- vince and by the advice aforefaid the fame again or any of them to demolifh or difmantle as may be moft convenient And forafmuch as divers mutinies and diforders may hap- pen by perfons fhipped and employed at fea during the time of war and to the end that fuch as Ciall be fhipped and em- ployed at fea during the time of war may be better govern- ed and orderevi we do hereby give and grant unto you the fiiid fir Danvers Ofborn full power and authority to confti- tute and appoint captains lieutenants mailers of fhips and other commanders and ofhcers and to grant to fuch captains lieutenants mafters of fhips and other commanders and of- ficers commlflions to execute the law martial during the time of war ar cording to the direcftions of two acits the one pafled in the thirteenth year of the reign of king Charles the fecond entituled an acft for the cftablifliing articles and orders for the regulating and better go- vernment of his majefly's navies fliips of war and forces by fea and the other pafled in the eighteenth year of our reign entituled an adt for the further regulating and better government of his majefly's navies fhips of war and forces by fea and for regulating proceedings upon courts martial in the fea fervice and to ufe fuch pioceeclings au- thorities puniflmients correcftions and executions upon any offender or offenders who fhall be mutinous feditious difor- derly or any way unruly either at fea or during tji<» tim^ 2 K T H E II I S T O R Y of their iibode or rcfiJence in any of the ports liarbours or biiys o0 our laid province and territories as tl)€ cafe ftiall be found to require according/ to the martial law and the laid direction tlurijig the time of war xs aforefait! Plovidcd tliat iio:iung herein containe^^i Ihall be coiiltrued to the enabling yon or any by your autiioriry to iiold plea or have any junldivftion of any offences cauPj matter or thini; connniitcd or done upon the high fea or within any of the havens rivers or creeks of our laid province and territories un^ der yo-ir and mifdemeanors committed on fhore by any captain commaiider lieutenant mafterofficer feaman fbldijr or other perfcwi wliatfoever belonging to any of our Ihips of war or other veilels acting by immediate com-nilfion or warrant from ouV faid commiflioners for exe- cuting the office of our high admiral or from our high ad- miral of Great Britain for the time being under the leal of our admiralty may be ti led and punifhed according to the liv/s of the place where any fuch difbrders offences and mif- de neanors fhall be committed on fhore notwithflanding fuch olfenders be in oar aftual fervicc and borne in our pay on board any fucli our fhips cfwar or other veflels afting by immediice commi-lion or v/an-ant from our faid commiflion- ers ftei executing the oface of our high admiral or from our high admiral oif Great Britain for the time being as afore- faid fo as he fh ill not receive any proteccion for the avoid- ing of juiVice for fuch offences committed on fhore from any pretence of his being employed in our fervice at fea. And our further will and pleafure is tjvat all public monies raifed or which fhail be raifed by any aCt to be hereafter made within om- faid province and other tiie territories depend- OF N E W - Y O R K. »ng thereon be iffued out by v/arrant from you by and witk tlie adv ice and confent of our council and diipofed of by you for the fnpport of the government and not othcrwjJe and we do hereby likewife give and grant unto you full power and authority by and wiui the advice and confent of our faid council to fettle and agree with the inhabitants of our province and territories afore faid for fuch landi tene- ments and hereditaments as now are or hereafter Hiall be in our power to difpofe of and them to gi-ant to any pevfon or perfons upon fuch terms and under liich moderate quit- rents fcrvices and acknowlcdgnients to be thereupon refei-v- ed unto us as you by and with the advice afprefaki fliall think fit w^iich faid grants a -e to pafs and be lealed by our fealofNew York and being entered v.pon record by fuch officer or officers asai*e or fhall be appointed thereunto fhalj be good and effectual in the law againft us our heirs and facceHbrs And we do hereby give yoa the faid fir Danvers Olboni full power to order and appoint faiis marts and markets as alfo fuch and fo many pons harbours bays havens and otlier places for the convenience npd fecurity of fliipping and for the better loading and unloading of goods and merchandizes as by you with the advice and confent of our faid council ffiall be thought fit andneceiliiry and we do hereby require and command all officers and minifters civil and military and all other inhabitants of our faid province and territories depending thereon to be obedient aiding and afiHling unto yon the faid fir Danvers Ofl^oin in the cxecii^ tion of this our commiffion and the powers and authoi'iiies herem contained and in cafe of your death or abCcnce out of our faid province and te/ritories depending thereon to be •obedient aiding and affifling unto fach perfon as ffiall be appomted by us to be our lieutenant governor or com- mander in chief of our faid province to whom v» e do there- fore by thefe prefents give and grant all and fingular the powers and authorities herein grant«ed to be by him executed and enjoyed during our pleafure or until your arrival v. ith- in our faid province and territories and if upon your death pr abfence ont of our faid province and territories depend- ing thereon there be no perfon upon the place commiifion- ated or appointed by us to be our lieutenant governor or com- mander in ciiief of our faid province our will and pleafure is that the eldcft counfellor whcfe name is firfi; placed in our faid inftrudtions to you and who fhall at the time of your death or abfence be refidino within our faid province of I^ew York fnall take upon him the adminilb ation of the THE HISTORY government and execute our faid commiflion and inftruclionf and the feveral povv'ers and authorities therein contained in the lame manner and to all intents Mid purpoles as other our governor and commander in chief of our faid province fhonld or ought to do in cafe of your abfence until your return or in all calcs until our fuithcr plealure be known therein and we do hereby there are divei s colonies adjoining to our province of New-York for the defence and fecurity whereof it is re- quifite thai due care be taken in tin'.e of war w c have thcre- ibre tiiouglit it necellary for our fcrv ice and for the better proreclion and fecurity of our fubjedts inhabiting thofe parts to conflitute and appoint ami we do by thefe prefents conftitute and appoint you the faid fir Danvers Ofborp-fo be our captain general and commander in chief of the mi- litia and of all tlie forces by fea and land within our colony of Connecticut and of all our forts and places cf ftrength within the f\me and for the better ordering governing and ruling our faid militia and all our forces tons and places of IVvength w irhin our faid colony of Connecticut we do hereby give and grant unto you the faid fir Danvers Of. bom and in yom- ablcnce to our commander in chief of our province of New York all and every the like powers as in thefe prefenrs are before granted and recited for the ruling govern!. inr and ordering our militia and all our forces forts and places of flrength within our province of Kew York to be excrcifed by you the faid fir Danvers Of^ bom and in your abfence from our territories and dominion of New York by our commander in chief of our province of New York within our faid colony of Connecfticut for and *ln ing our pleafure In witnefs whereof we have caufed thefe our letters to be made parent wdtnefs ourfelf at Weflmin- fter t'l^e firfl day of Augufl in the twenty- feventh year of ' our reign. By writ of privy feal, YORKE and YORKE. The inflnidlions, received vfith the commiffioji, are cx- © F N E \V - y O R K. 251 planatory of the patent, and regulate the governor's con^ dud: on almoft every common contingency*. The falaiy, generally granted to the governor by the in- ftrudions, is 1200I. fteiling out of the revenue here ; but that being an infufFicient fund, the aflembly, in lieu of it^ give him annually 1560I. currency. The perquifites perhaps amount to as much more. This office was formerly very lucrative, but becomes daily lefs confidei able, becaufe almolt all the valuable tiacts of laud are already taken up. The council, when full, confifts of twelve members, ap- pointed by the king's mandamus and fign manual. All their privileges and powers are contained in the inftruc^tions. They are a privy council to the governor, in acts of civil govern- ment ; and take the fame oath adminifteved to the king's council in Englaud. The tenure of their places is extreme- ly precarious, and yet their influence upon the public mea- fures very confiderable. In the grant of all patents, the go- vernor is bound to confult them, and regularly they cannot pafs the feal without their advice. They enjoy a legiflative power, as the lords do in par- liament ; and exercife alfo judicial authority upon writs of error and appeals. They are convened by the governor ; and he is always pTH^nt when they fit as a court or privy council, which is ordinarily at the fort. In their legiflative capacity, they meet without the governor, and always at the city hall. They fit according to their feniority , and the cldeft member prefent is fpeaker of their lioufe. In a com- mittee, the chairman has no voice. They cannot vote by proxy, but have the privilege of entering their diflent, and the reafons at large, on their minutes. Their proceedings are very formal, and in many refpecfts they imitate the example of the lords. Their meflages to the aflembly are carried by one of their own members, and the houfe always rifesat his entrance and receives them Handing. The coun- cil never publifh their legiflative minutes ; but the aflembly always print their own votes ; nor do either qf tliefe houfes permit ftrangers to be prefent at their conventions, A counfellor's title is, < the honourable.' They fervehi^ majefty without falaries. The bufinefs of the privy coun- e < » * The inftrudiions are, in number, above a hundred, an^ never recorded. They are changeable at the king's plea, fure, but rarely undergo any very confiderable altera^ tipn. THE HISTORY t'il board is of late very much increafcd, and never had fp great weight in the cplony as at prelcnt , which is mucU owln^ to the king's calling lawyers of reputation to the allillance of his governor?. The prefcnt lacmbe rs aic tlic liono arable Cadwallaficr Colden, Tofcph Murray, Archibald kcnnedy, John Rutherford, James De Lanccy, ♦ lieute- Kdward Holland, nant goNernor, Sir Wm. John fon, bart. Dauicl Horfmanden, John Chambers, George Clarke, jiin. William Smith. The bulincfs in council daily increafes, and is now become *ei*y burdcnfome, bciiig entirely tranfaclcd by a few menir liers. Mr. Colden relitlcs in the countiy ; nir. Clarke iij England ; mr. Kuthci ford, being an oHicer, moves vviih the army, and fir William Johnfbn has his refidencc in the wcf- tern part of the county of Albany. The general ailcmbly confifts of twenty-feven reprefen-r tarivcs, chofcn by tlie people, in purfuance of a writ of fummons ilfued hy the governor. At the day appointed for their appearance, fuch as are elected, .convene thendelves at the aflcmbly- chamber, in the city of New- York ; and, by the cle,rk of the houfe, in- form the governor of their meeting, if they are above thir- teen in number, fome perfons (generally the judges cf the fupreme courtj are lent to the aflembly chamber, empower- ed by a com milfion to take their oaths and fubfcriptions. They are then called before his excellency, who recom- mends their choice of a fpeaker. For that purpofc they again retire, and conduct the perfon they eled; into the chair, which is feated at the upper end of a long table. Af- ter that he is prefented to his exccllei^cy in the council chamber ; and upon his approbation of their choice, which is of coui'fe, the fpeaker addrcfles himfelf to the governor, and, in behalf of the houfe, prays, "that their words and actions may have a favourable conftruiition, that the mem- bers may have free accefs to him, and they and their fer- va^its De pnvilcged with a freedom from arrefts." The go- vernor, after promiling thcfe things on his part, reads his * The ofRce of lieutenant governor requires no fervice, (pxcept on the death or in the abfence of a governor in chief, it gives no rank in council, nor is there any falai-y annex- ed to it. O F N E W-Y O R K. Ipecch to botii houfes ; and, at the requeft of the fpeaker^ delivers a copy for the ufe of thd aflembly. I need not enlarge upon the culloms of the general af- fembly, for they take the pracftice of the Brhilh houfe of commons for then* model, and vary from them in but very few inltances. Money bills are not returned to them by the council board, as the lords do to the commons ; and yet the realbns for this pracfiice are much Wronger here than at home. When the governor palles the bills tent up to him, both houfes are prefent in the council chamber. It is then cultomary for him to afk the advice of his council with re- fpeA to every bill, and he figns them at the foot after thele words, ^* I aflent to this bill, enad:ing the lame, and order it to be enrolled." After that the at^ts are publilhed in the open ftreet neai* the city hall j his excellency and the two houfes being prefent. The daily wages of the reprefentatives, as regulated by fundry adrs of aliembly, are annexed to the following lill of the prefent members of the houfe. Paul Pdchard, City and county^ Henry Cruger, ^Efqrs. each 6s. per of New-York. ) William Walton, r" diem. John Watts, J City and county C Peter Winne, 7 j- _ of Albany. { Peter Douw, ^ ^^l'^' P^'' Weft Chefter C lolm Tliomas, ? „. , ■ county. i Fiederick Philipfe, ^ 1'" ^'^'^ Suffolk county. | ^^^Lm Nkoll, } ^drs. 9s. per diem. Queen's county . | D-^J^^^;^,^ J Ef^s. 6s. per diem. King's county. 5 J°'»='™^' Lo« 7Efqrs. 6s. per = ■'I Uomuucus Vanderveer, 3 diem. Ulftercounty. { Jew Jan. ^^P-^^^ ^Ud,mondcoun.|^^mW^^^^^^ Duchefs county. f^^^J^^"' | Efqrs. 6s. per diem. C^gc county.J^;-f-j:ediUe,|Er,.. ^ per di^ i69 T H E H I S T O R Y ^Tveif Chefter. } Lancey, efq. log. per diem. '^sX^i'i^^tady. I Jacobus Mynderfe, efq. los. per diem, ^flaerv^^ck!^"* } ^' ^' ^^"^^^^^ ^^9- los.per diem. ^ftoTi ^ Rob. Livingfton, jun. cfq. i«s. per diem. Manor of Court- 7 nun- xr m t /• z 5- j^j^j^ > Philip Ver Plank, efq. 6s. per diem. ' The continuance of our aflcmblies was unlimited, till the political Itrujrates, which took rife in mr. Cofby's adminif- trnri;)n, forced mr. Clarke, who fuccecded him, to pafs the act rcftricting them to three years : but this was repealed by the kin^, and a fcptennial >aw enacted foon after the arrival of governor Clinton, which is ftill in full force. No colony, upon the continent, has formerly fuffered nore than ours, in the o|>inioii of the kinj^'s mmilters. This has been owing to the ill impreflions made by our ^o- '.crnors, w ho are fcarce ever difengaged from difputeswitK the lower houfc. Our reprcfentatives, agreeable to the ge- neral fenfc of their conllituents, are tenacious in their opi- nion, that the inhabitants of this colony arc entitled to all the privileges of EnQ;Ufhmen ; that they have a right to participate in the legillative power ; and that the fefiion of aflemblies here, is wifely fiibliituted inftead of a reprefenta- tion in parliament, which, all things confidered, would, at this remote dillance, be extremely inconvenient and dan-^eroiis. The governors, on the other hand, in general, entertain political fentiments of a quire different nature. All the immunities we enjoy, according to them, not only flow from, but abfolutely depend upon, the mere grace and-, will of the crown*. It is eaiy to conceive, that contentions * We are no more than a little corporation, — I would advife thefe gentlemen (aflemblies) for the future, to drop thofe parliamencary airs and ftyle about liberty and proper- ty, and keep within their fphcre, and make the.befr ufe they can of his majefty's inftruc^ions and commifRon ; be- caufe it would be high treafon to fit and act without it. — Tliis is our charter. If we abufe or make a wicked ufe of his majefty's favours, we are, of them, bet tenants at will : w^e only hold them, during pleafure and good behaviour.'* Thefe are ti:^ accurate and bright thoughts of the gentle- OF N E W - Y O K. 261 inuft naturally attend fuch a contradii^lion of fentiments. Moft of oiu- difputes however, relate to the fl'pport of go- vernment. Before lord Cornbury's enibezzlements, the re- venue \v.is efLabliftied for a long perio l, but afcerv/ards re- duced to a f^vv years. The violent meafares, in nir. Colby's thne, led the aflembly to the fcheme of an annual provifion, Thefe are the words of that much famed r.ddrefs of the lioufe, to lieutenant governor Clarke, on the 8th of Septem- ber I7";7, previous to the change. The true caufes of the deficiency of the revenue, we believe, are too well known to 3 our honovir, to make it ne- cella -y for us to fay much on tlia: head. Kad the confpicuou s Joyalty of the inhabi can's of this province, met wi:h a fuiLa- ble treatment in return, it is not inilikcly, bu: we fhould now be v/eak enough to aA like others before us, in behig lavifti beyond our abilities, and raifing fums unnccefiai y to be given ; and continued the donation, like tlicm, for a longer time than what was convenient for the fafery of the inhabitants: but experience has fliov.n the imprudence of fuch a conduct ; and the miferable condition, to which the province is reduced, renders the raifing of large fums verv difficult, if not imprac^ticable. \Vc therefore beg leave to be plain with your honour, and hopeyou will not lake i: amjfs, when we tell you, that you are not to expect, that we cither will raife fams iniiitto be raifed ; or put what we fliall raife into the power of a governor to mifapply, if we can prevent it : nor fnall we r.-ake up any other deficiencies, than Vv hat w^e conceive arc fit and jult to be paid ; or continnc whan fupport or revenue we fhall raife, for any longer time than one year. Nor do v/e think it convenient to do even that, nntil fuch laws are pafled, as we conceive necefiary for the fafety of the inhabitants of this colony, wlio have repofcd a trult in us for that only purpofe ; and which we are fure you will think it reafonable we Hiould act agreeable to ; and by the grace of God we will endeavoin- not to deceive them.*' man who publifiied a pamphlet, entitled " an efay on the government of the colonies," in 1752. Sir William Jones, attorney general to James II. v.-asof a very different opinion. For he told the king, that he could no more grant a com- mifilon to levy money on his fnbiccls in tl>c plantations^ without their comcnt by an iiflci-ibiy, than they cordd dif- charge themlclves from tlieir allegiance." Life of fir Vv-illiam Phips, p. 23. 2 L 26t t H E HISTORY The fentiments of thisaddrefs ftill prevail among thcpeo- ]>le i and tlicreiore the fiicccfs ot" ibe pi elcnt folicitalioiis, for a pci niantnt, indcHnite fupport, Nvill piobably be in vain. The matter has been often litigated with great fervency on boih fides, and the example of the Britifh parliament mgcd as a precedent ibr our imitation. '1 o il.is it is ar.» fwercd, that the particular Itate of this province differs lo A\ idel/ from that of their mother country, that m e ought not in this relpeCi to follow the cudom of the commons. Our conllltution, as fbme obfcrve, is i'o impciiec^t in ni m- bcrlefs inlhmces, that the rights of the people lie, even now, at the mere mercy of their governors ; and g^^anting a per- petual fupporr, ii is thought, would be in reality little lels, than the lofs of every thing dear to them. It mult be coiifcfled, that many plaufible arguments may be alfigned, in fupport of the jealouly of the houlc. A go- vernor has numberlefs opj>ortunities, not proper to be men- tioned, for invading the righis of the people ; and infuper- able diflicuUies would necellui ily attend all the means of rcdrefs. Hy gradual advances, at feafonable juncftnres, we might have introduced fuch amcndmenrs, as would, at this day, have eiVablifhed a found and well fortified political frame ; but througii o ir uncr neglect of education, the ancient af- feinblles confilled of plain, illiieraie huAiandmen, whofe views fcldom extended farther than to the regulation of highways, the djft ruction of wolves, wild cats, and foxef, and the adv ancement of die other little intercfts of the par- ticuVar counties, which they were chofen to reprefent. CHAP. VI. Of our A/It' J atid court i. THE ftate of onr law^s opens a door to much controver- fy. The uncertainty, with refpec^t to them, renders property precarious, and gieatly expofes us to the arbitrary decilions of bad jvrdges. The ccnimon law of England is generally received, together with fuch ftatutcs, as were enacted before \\ e had a legifiature of our own. But our courts exercile a lovereign authori y, in determining what OF NEW - YORK. 263 parts of the common and ftatute law ought to be extended for it mull be adinitted, that the dt-terence of circumllances neceifarily requh*es us, in Ibme cafes, to rejecl the determi- nations of boiii. hi many inflances, they have alfo extend • ed, as I have ell'ewhere obferved, even ad:s of parliament, palled lince we have iiad a diftindt legiflation, which is ad- ding greatly co our coiifufion. The pradlice of our courts 15 not lefs uncertain than the law. Some of the Euglilh rules are adopted and others rejected. Two things, therefore, feem to be abfclutely neceilary for the public fecuriiy. Firft, The pailing an ail for fettling the extent of the Englifli laws. And, Secondly, That the courts ordain a general fet of rules for the regulation of the pratftice. To give a particular account or our laws, civil and crimi- nal, cannot be expected in this work. All lands are held of the crown by focage tenure, as thofe of Eaft-Greenwich, at home, in the county of Kent ; and the manner of obtain- ing a title to fuch as are vacant, or in the poflellion of the Indians, is this : Formerly the cuftom was to apply to the governor in council, for a licenfe to purchafe lands of the natives in his majeily's name. A deed was then privately obtained from the Indian proprietors to the king, and annexed to a fecond petition to the governor, for a warrant to the furveyor-ge- neral, to make a fui*vey of the quantity purchalcd. Another warrant, upon tile return of the furvey, was then iffaed to the attoiTiey-general, to prepare a draught of the patent ; which being tranfmitted to tlie fecreLai-y's ollice, was then engroded upon parchment, and the great feal affixed to it by the governor. In thefe furveys and deeds, more lands v/erc often inclu- ded, than the Indians intended to fell ; and thefe fraud? being frequently complained of, an order was made by the ovemor and council in 17 that thenceforth no Indian eed (hould be taken, until the land propofed to be grant- ed, was affinal ly fui-veyed by the farveyor-general, or one of his deputies, in the prefence of the Indian proprietors ; that the bounds of the tracft {liould be then entered in the deed, and a certificate endorfed, that they are agreeable to the farvey, and that he faw the confideration money or goods, bond fide y delivered to the vendors. The patenting of lands, has long been, and ftill continues to be, very expenfive. Our law judicatories are numerous ; I begin with the lowell. 264 THE HISTORY OF THE JUSTICES' COURT. USTICES of the peace nre appointed by cornmilTion from J the governors, who, to I'crve thcii- jiurpolcs hi clcci'oiis, loiiietinics f^ aut, as it is calltd, the auniiniltvation to parti- cular ta^ouiites in each counry, which is ilie nomination of oiilcei s civil and niilitarv ; and by ihcfc means, the j\illiccs have been allonilhingly r.uihiphed. I here are inltanccs of foiuv who can neirher Avriie nor read*. Thcfc Renii, bcfulcb their ordinary poweis, are by avfls of aflembly enr.blcd to hu\d courts, for the determination of fmall ca les of five pounds ar.d inuler ; but ilie pa; lics are pri- vileged, if tiicy choofe it, with a jury of fix men. The proce«:din;;s aie in a finnmary way, and the condud: of tiie julticcs has ^ivcn juft caufe to iiniumerablc complaints. The ji iticc3 liavc alfo a jurifdititjon, wiili re- fpcCt to crimes under the de^^ree of grand larceny. P'or any three of them (one being of the quorum) may try the criminal, without a jury, and iiiflic^t punifhments not ex- THE SESSIONS AND COURT OF COMMON - PLEAS. THE court of common-picas takes cognizance of all catiles, where the n.attcr in demand is in value above five pounds. It is elhibliflied by an Oidinvnce of the go- x-ernor in council. The j.idges are ordina. ily three, and hold iheir offices during plcafure. Th: o'jgh the infancy of the coujiLry, few, if any of them, are acquainted w ith the law. The praifrice of thefc courts is fimilar to that of the cor.imori-bcncli, at Weflminiter. They have each a clerk coauniihoncd by the governor, ^ho ifiwes their writs, en- te- s tJiei^" minuter,, and keeps the records of the county. They are held twice eve-y year. Thefe judges, together w ith fome of -he julciccs. hold, a'c the fame tune, a court of general iefliojis of the peace. * Lord Bacon's obfervarion, that there are many who coTini it a credit to be burdened w ith the office of a juftice of the peace, is very applicable to us. Bacon's works, fol. vol. II. p. i5i. — The {lanitc of 58 Hen. VIII. limited the num- ber of julUces to eight iii a county. icn(jing to life or liinb. OF N E \V - Y O R K. 265 THE SUPREME COURT. THE jurifdicfEion of this court extencis through the whole province ; and its powers are very great. For it takes cognizance of all caufes, civil and criminal, as fully as the king's bencli and common plea^, at Weftminfter. In civil controveriies, the value of the fam demanded mvift exceed twenty pounds. This court has four terms in a year, and al- ways fits at Nev/ York*. The j^udges, for many years paif, have been but three. The chief jultice has ten Ihillings as a perqnilite, upon the firil motion in every caufe, together wicli an annual allov. ance of three hundred poimis. 1 he fecond and third juilices have alfo yearly appoincments, too in- confiderable to be wortli mentioriing. fhey hold their of- fices by feparate commiflions nnder the gveat feal of the province, which were formerly during pleafuie, hut of late q^uain d'lu fe bene gc^j'snnt^. The fupreme court was, at ftrft, eilablii^ed by feveral laws of the province; bat the terms were, after wards, di- rected by an ordinance of the governor and council, which is alterable at pleafure. Whether this court has a ri?ht to determine canoes in a courfe of equity, was a quellion much ligitated dun'igthe troubles, in the feveral admiiiift rations :of mr. Cofoy and nir. Clarke. Colonel Morris, afterwards governor of New Jerfey, fat then as chief juftice upon the bench, and de- livered a long argumentative opinion in the negative:|:. The people were, in general, on that fide ; and the exchc- * The terms commence on the third Tue (clays in January, April, and Oclober, and on the laft in July. The firfl and the laft continue five days, and tlTe'LWo-&th_?r terms ten. J Profecutions, by information, are often commenced in the fupreme court by order of the governor and coimcil, and criminals fometimes committed by their warrants ; for which rcafon fome are of opinion, that the judges ought not to be members of that board, which is frequently the cafe. :|: See the pnnted opinion, and the arguments of mefheuvs Alexander and Smith, for the defendent, Van Dam, adver- fus the attorney general ; in fupport of a plea to the jurif- diction of the fupreme court, on a bill filed there for gover- nor Colby in a courfe of equity. New York printed by John P. Zenger. 17:;. 266 THE HISTORY quer court hcW fcarcc ever rung, but the city was all in con- tulion. i*etitions aj^aiiift the court, from Teveral parts of the province, came up to the allenibly, who dclued to hear coancil ; and accordingly nn*. h-iniih and mr. Murray, de- livered tlieir opinions ac their rcqaclt, both which were afterwards printed by their order, llic former, who fpoke firit, urged nnmeroiis authoriiies, to prove that no court of equity coiiUl be lci;:illy eftabliflied except by prelcription or an atit of the legijiaiurc, and concluded with tlicfe w ords — " 'Tis v. ith the greaieit fubmiDion that I tender my opinion upon thefc points. I have f.iid nothing v.irh adefign to of- fend any man, iior have I onii.ted faying any thing, that I thought might tend to the public gooa. Libcrnvi an'tmam ■m:at?:. 1 have endeavoured to dilcharge the trull:, and fup- port the charac~cer, w ith which this liouft has honoured me. You have my linccre and real fenrimcnts. If I have erred in any thing, it has been un v. iilingly. I aui heartily a friend to Liiis colony, and eameftly wifli its profperity. I have no intereH: in the pohits in queftion, but what arc connnoii to all the freemen of this province. I profefs the greateft ve]ieraLion for tlie laws of my county, and am glad of cvt« y oppoi lunity to do them public honour. They place our liberties npon the firmeft: bafis, and put our ;iropertic5 under the farell protection. 1 rejoice in the fecuriry that we have of a long enjoyment ot th -m, by the leitlement of the lacceHion in the houle of Hanover. 'Tis the excel- lency of our co.dlirution, and the glory of oar princes, that they a. e fovereign over freemen and not (laves. 'Tis the mifery of an arbit ary government, that a man can enjoy nothing under it that he can call his own. Life, libc. ty, and property, are not liis, but all ar the w ill and difpofal of his tyrannical owner. 1 don't wonder that our anceltors have been always fo jealous of their liberties : how oft have they bravely fought, and nobly died, in the defence of them ? We have received our liberties and om* laws, as an inheri- tance tranlinirted to us in the blood of our fathers. How highly, therefore, fiionld we prize and value them ! And what cai-e fhould we take, that we and our pofierity may en- joy them in their full extent ? If this be our happy cale, ID 3 JJ) all [it uH'^tr our oww vin^s and our own fig-trees , and none imil make us afraid. We fliall fee our country flourifh, and ourfelves a happy people. But if an arbitrary power over our liberties and properties be let in upon us, but at a back door, it will certainly drive many of us out of our habita- Uoiis ; and 'tis to be feared, will once more reduce our OF NEW - YORK. 267 country to a wildemefs, aiid a land without inhabitant : which we doubt not but this honourable houfe will take . care to prevent." JNlr. Murray laboured to fhow, that the chancery, king's I bench, common pleas and exchequer, were of original jurif- di(ftion, by the couftitntion of England ; and was fearful that our eftabliihment of thefe courts here, by an aCt of af- lembly, would draw into queftion our equal rights to all the liberties and privileges of Englifhmen. Ke clofed his opinion in this manner : And now, mr. fpeaker, I have in the bed manner that I was capable of, performed what this hono^arabie houle delired of me, in giving truly my fentiments upon the fub- jeJt matter of thefe petitions. ^* Mr. Smith, in delivering his fentiments laft Friday, did in fo handfomc and elegant a manner, fully prove that the people of this colony are undoubtedly entitled to the cuftoms, laws, liberties, and privileges of Snglifiimen, that it was needlefs for me to attempt the proof thereof, which otherwife I fhould have done. But I do entirely agree v. ith him, in all that he faid on that head ; and I hope 1 have proved, that the fundamental courts, by the laws of England, are as much part of thofe liberties and privileges, and as much by the cuitoms and laws of England, as any other of their liberties and privileges ai*e ; and of confe- quencc, the people here as much entitled to thofe funda- mental courts, as to their other privileges ; and have cn- deavo^ired to anfwer all the objcdtions that I had heard were, or thought could be, made agahift our being entitled to the fame courts. And upon the whole thereof, as there has been much talked about the liberties ?.nd privileges cf the people, I would beg leave only to propound this one qucftion, who is he that argues mollin favour of the liber- ties of the people ? He who alhrms and proves, that they are entitled to thofe liberties and privileges, laws and cui^ toms of England, and the good old original courts, that are by thofe laws, without an acTt ? or, he v. ho argues and fays, we are not entitled to tliem, until an a(fc is pafled to efcabliili them ? I fappofe the anfwer would be given, with- out hefitation, in favour of the former. " But, mr. fpeaker, if it yet fliould be faid, that there is a neceffity for making a(fts, relating to thofe courts, I would beg leave to offer to this honourable houfc, the imitation of iiich laws relating to thofe courts, as the wife legiflatnre of England have thought fit to make. I pvefume, it will not be faid, there can be a better pattern offered for the af- 268 THE HISTORY fcmbly to go by. And it is not to be fuppofed, but that tlitf parliament at hoir.c has made all the re;;ulaiions therein that can be thought necefliiry ; whereas ,^oinrr into new fchemcs and new inveniions, may be attended wirh many inconveniences, whicli, \vhen they happen, may not be lo eafily remedied. " And I beg leave to conclude, by pi-ayinjr that God Al- mighty may guide, direa, and inHuencc this honourable hoide, in their debates and confultations upon this momen- tous nlfair, aiul that the crul thereof may be for the good of all the inhabitants of this colony." The oppofiiion, to the exchequer, became now fh onfrcr than before the council were heard. And therelbre, uncfer thefc difcouragenients, the court has taken cognizance of no caufcs f.nce Van Dam's, nor lias that indeed ever been determined^. * Sir John Randolph wrote his fentiments concerning thcfe difj^ntcs to captain Fearfe. And as he w;is an eminent lawyer in Virginia, I doubt not his letter will be acceptable to the reader. Sir, By your rcquclt, I have pcrufcd and confidercd the arguments of yay. Smith and mr. MuiTay, befoi e the ge- ncrrd afiembly of New-York, in relation to the court of equity eftablilhed there in a new court of exchequer ; which, I perceive, was done, principally, for determining a dif- pute between the governor and the prcfident of the council, about their right to the falaiT annexed to the office of the commander in chief, whether he the governor or prefi- dent ; and it fecms Ifcrange to me, that upon fiich an occa- fion^ fo extraordinary a f^ep fhould be taken, as the erect- ing of a new court, exempted from the rules of the pro- ceeding at the common law, v/hen the matter might have been decided in an adlion of the cafe upon an hidAitatuf ^i(ft{??!pfii, which IS the fettled method and mcll expeditious remedy, in cafes of that nature. " Both thefe s-ntlenien feem to have agreed in one point, that i:: was necejfiary to trace tlie court of chancery and the equity court in the exchequer back to their original infti- lution, in order to fnow wliether the governor of a ^new plantation, hath a pov»er or not, to ere A courts, in iuita> tion of thefe luoh and ancient courts in England. — And from their refeaiches, they fecm to have made very difrercnt OF NEW -YORK. 269 The judges of this court, according to an aA of alTembly, are iudges of Niji Frius of courfe ; and, agreeable to an or- dinance of the governor and ccLincil, perform a circuit conclufions. Mr. Smith rit^htly concl iides againfl the lega- lity of this court -, but mr. Murray is afraid all niuil be Icit, if the four fundamental courts, as he calls them, cannot be obtained in New York. — I own I do not miderlland the force of this fort of rcafoning ; nor can I conceive, how any enquiry into the original of the high court of chancery, which muil, after all, end in a mere conjecture, can af?brd the lead ailillance, in formhig a right judgment upon this queftion, which muft depend upon the particular conflitu- tion of thefe foreign colonies. — <^ The court of chancery, in England, has its being from cuftom and ufage, to which it owes its legality. — If it were to be ere»!led now by the king's power, it could not Hand ; therefore it is undoubtedly a great abfurdity to fuppofe, that upon the planting every new colony by the fubjects of Eng- land, new courts muit Ipnng up, as it were from the roots of the ancient courts, and be eftablilhed w ithout the confent of the legillature ; becaufe we can imitate their methods of proceeding, though we are very imperfect in comparifon to their reafon and judgment. — Then I think there is another impropriety in t^e debate of this queftion : they would ar- gue from the power and prerogative of the king, to entitle a governor to ad: in the fame manner. I think, before' they turn a governor into a king, they fliould take care, to pro- vide for him the fame fulliciency of wifdom and as able a council : therefore I muft fuppofe, a mighty difference be- tween the power of a king and the governors abroad. — - Their infti'uctions, as to the eredling of courts, or the au- thorities granted in their patents for that purpofe, are not now, as they v/ere in the begimiing, %\ hen there were no courts : but proper judicatures being long lince eilablifhed, there is an end of their power in that refpc(ft ; and if any alteration is found neceliary, it mult certainly be done by the confent of the leg: 11a ture. The kings of England have always, fo far as I am acquainted with the hiilo. y of the plantations, ufed a particular tendernefs in the bufinefs of creeling their courts of judicature, by direciing their go- vernors, to take the advice of the general aflemblies in that matter, and I dare fay, that if the patents and initrucftions of the governor of New-York were to be inrpected, no fuffi- «ient warrant will be found in them, to esercife this high 2 M 270 THE HISTORY through the counties once every year. They carry with them, ac tiie (h uc time, a comniLiiou of oyer and terminer power of ll'iiing up new co'i.is. lUit be that as it will, thi* is molt mawifelt, tirat fcttnig up one or more men, with pDWi^r [ojud^e m-.-a's p.ope.ties, by o:he. rales than thofc of ihe couiinon l;iw, by which iihme we of the plamations mall be govei nc.l, mult fuLji'Ct the eltatcs oF that people to an arbi:rary rule, fo far as tWey are rcltraiued from appeal- ing to an lilgiier jurilclic^lion, and :nay enliave them to the weak, if not coiTupt, jadoincnis of thofe men. — It really feems to he a fing ilar misfortune to the people of New- "Y ork, tlia: a ii'ieltion of this nature fliould be fo far coun- tenauccJ, as to become a fabjcc'c of aririmicnt, when, I be- lieve, in aay other colony, it woidd not have been thought a matter of any doubt or the lealt difficulty. Bat above all, it is mod extravat^ant, that a court of equity flioidd be C' ecte.l, for the trial of a caufe, of which, without doing violence to its nature, it cannot have any jurildiction ; and I have won lereJ,in fo wa"m a debate, that this point has been paiicd over. — 1 1 hink nothing could entitle the court of equi- ty, to proceed in the caule between the governor LOid Vjut Dam, unlefs there wr.s a want of proof, of Van Dam's re- ceiving the money in difjJuLe, wiiich I llippofe is impollible, li ice it r.iult have ifl 'led out of the p folic treafu y of the p' ovince. — If I had been to have argued this point, l Ihould have takeu a very different method from thofe gentlemen. Inftcad of taking fo much pains, in running through fo many book cafes, to fettle what the conftit-ition of England is, I would have ftated the conllitution of this particular government, as it is grounded either upon treaties or grr'Uts froiu the crown of England ; fo- as New- York was a con- quered country, it is very probable, fometliing may have been ftip.ilated, between the ftates general and crown of England, in behalf of the fubjeCls of Holland, whlcliwere left the e in pofle.'Iioii of their eilates, and fo became fub- jeo>s to E.iglan 1. — If there was any fuch treaty, that muft be looked upon as the fundamental law of the province ; and ne Kt to chat, the khig's charters muf^ '^ake place. — I do not at all doubt, but fome way or other, the common la%v ^vas e'tablifhed there, and if not, as there is a legiflature, I fup- po ^ it is ar'.op ed by the countiy ; for there is undoubtedly, a great di f?rence between the peoplr* of a conquered coun- try, and coloiiie* ellablLlied by the king's coufcut by the O F N E W-Y O R K. and general jail delivery, in which fome of the county juf- tices are joined. The judges and praclifers in the flipreine, and all other courts, wear no peculiar habits as they do at Welimirifter- Kall, and in fome of the Wcii India illands ; nor is theie, as yet, any dlllinc^tion or degrees among the lawyers. The door of admiilion into the practice is too open. The nfual preparatories are a college or univerfity education, and three years appi'enticefliip ; or, without the former, feven years fervice under an attorney. In either of thefe cafes, the chief juPcice recommends tlie candidate to rhe^ governor, who thereupon grants a licenfe to p -aciice under his hand and feal at arms. Tills bemg produced to the conrr, the ufual ftate oaths and fubfcriprion are taken, together with an oath for his upright demeanor, and he is then qi.s- lified to practice in every court in the provhire. Into ti e county courts, attornies are imrodr.ced with Itill leis cere- mony. Fo'- our governors have formerly licenfcd all perfons, hoNV indifferently foever recommended; and the profeflion has been fhamefully difgrnced, by the admiflicn of r.'tn not only of the meaneft aioilities, but of the loweft en^ploy- fubjecfts of England. The common law follows themwhere- ever they go ; but as to the other, i: midt arife either from treaties or g ants ; therefore it is a pity, every thine i" re- lation to this mat', er has been omitic'd, which would have been of great ufe to thofe, who a' e unacquainted wiih the facfts, in forming a judgment in this ca^e. — I cannot forbear cbfcrving a mighty weaknefs in t ie lawyers of ^'ew York, in blindly following a common error, in relation to the ftatutes of England being in force there ; v hCieas there is no foundation in fenfe or reafon for fuch an opinion. The common law muft be the only rule and if we wade into the ftatutes, no man can tell wiiat the law is. It is certain, all of them cannot bind, and to know which do, was al- ways above my capacity. — Thofe, thar a e declarative of the common law, ferve us rather as evidences^ than by any binding quality, as ftatutes. *^ I am, Sir, your moft obedient fervant, ire. " JOHX B-AliDOLPK." 172 T H F H I S T O Ft Y mcnts. The prefcnt judges of the fuprcme court are the honourable (lor ihat is their title) James dc Lancey, cfq. chief jnftice. John Chambers, tfci. iecond juftice. Daniel lloi llnanden, cfq. tlard julticc. They have but two clerLs ; one attendant upon the fa- remc court at New-York, and tlic other on tlic circuiis. 'he former fcals all their piocefs, and is keeper of the vccords. T HE COURT OF AD M 1 R A L T Y. TUK only officers of this court are the judge, or com- niiflai y, the rcgifter and ma' /hal. The pscfent judge, Lewis Morns, efq. has, by his com.- ill:on*, a jurifili(f(ion ^n all maritime alfairs, not only here, but in ihc colonies of New-Jerfey and Cojuiecticut. The pi occedings before him arc in Englifh, and according to the courfe of the civil law. THE PREROGATIVE COURT. THK bufinefs of this court relates to the probate of laft wills and teltariients, and the grants of letters of ad- miiiilhaiion on iniedates' eltates. The powers, rclaiive to thefe matters, are committed to the governor, who acts or- dinarily by a delegate. THE COURT OF THE GOVERNOR. AND COUNCIL. THE authority of this court is beft feen in the inftruc- tiou on wliich it depends. *' Our will and pleafuie is, that you, or the commander in chief of onr faid province, for tlie time being, do in all civil caufes, on application being miide to you, or the com- inandc'- in chief lor tiie time being, for that purpofe, per- mit and allow appeals, from any of the courts of common law in our faid province, unto you or the commander in chief, and the council of our faid province ; and you are, for that purpofe, to iflae a wiit, in the rr.anner which has * It is under thefeal of the admiralty^ and dated Janu- ary 1 6, 1738. OF N E V/ - Y O R K. 273 been ufually accuftomed, remrnable before yourfelf and the council of our faid province, who are to proceed to hear and determine fuch appeal; wherein fuch of ourfrid council, as lhail be at that time ju.lges of the court from whence fuch appeal fhall be fo made, to you our captain ge- neral, or to the^ commander in chief for the time being, and to our faid council, as aforefaid, iliall not be admitted to vote upon the faid appeal ; but they may, neverthelefs, be prefent at the hearing thereof, to give the reafcns of the judgment given by them, in the caufes, v/herein fuch appeals ihall be made. Provided, neverthelefs, that in all fuch appeals, the funi or value appealed for, do exceed the fum of ^- three hundred pounds llerli^ig : and that lecurity be firft dvly given by the appellant, to anfyrer fuch charges, as fuall be awarded, in cale the firft fentence be aflirmed ; and if either party fliall not reft fatisfied with the judgment of you, or the commander in chief for the time being, and council as aforefaid, our will and pleafure is, that they may then ap- peal unto ns in our privy council. Provided the fum or va- lue fo appealed for unto us, exceed five hundred pounds fterling, and that fuch appeal be made within fourteen days after fentence, and good fccurity given by the appellant, that he will effectually profecute the fame, and anfwer the condemnation, and alio pay fuch colts and damages, as fiiall be awarded by us, in cafe the fentence of you, or the commander in chief for the time being, and council, be af- firmed. Provided, neverthelefs, where the matter in quef- tion relates to the taking or demanding any duty payable to us, or to any fee of office, or annual rent, or other fuch like matter or thing, where the rights in future may be bound, in all fuch cafes, you are to admit an appeal to us in our privy council, though the immediate fum or value appealed for, be of a lefs value. And it is our further will * Before the arrival of fir Danvers Ofborn, appeals were given to the governor and council, in all caufes above lool. fterling, and to the king in coimcil, in all thofe above 300I. fterling. By this initruction, the power of the fupreme court and the governor and council, is prodigioufly augment- ed. In this infant countiy few contacfts are equal to the fums mentioned in tiie inftruction, and therefore an uiicontrolable authority in our courts may be dangerous to the property and liberties of the people. Proper checks upon judges preferve them both from indolence and corruption. 274 THE HISTORY and pleafiirc, that in all cafes, whfre, by your inftniAions, you are to admit appeals to us in our privy council, execn. rion be fufpcndcd, until the final dcteruiiiialion ot luch ap- peals, unlcfs good and rufllcicnt fccuriry be given by tbe appellee, to uiakc ample rtflicuiion of all that the appel- lant fhall have loll, by means of fuch judgment or decree, in cafe, upon the determination of fuch appeal, fuch decree or judgment fliould be reveifed, and reltitution awarded lo the appellant." THE COURT OF CHANCERY. all our courts, none has been more obnoxioMS to the people than this. I liL^rc have been (as I !tavr alrcatly Ihovvn) few admin iflrations linci* its tirft creiftion, in which our aflemblies have not exp efled their difapprobarion of its conlHtution by ordinaiice, and the cxe cifc of the chan- cellor's power by the governor. nurin«r the adniiiiiflra.ion of governor Cofl>y, a bill wns filed by fi; Jofeph Kylcs aiid others, to vacate the oblong patent gram ed by his imme- diate predeceHor to Hauley and company. 1 he defendants excepted to tlie governor's jnrildi(*tion ; but being over- ruled, they reforted to the aflembly wiih a complaint, and the houfe, on tiie 6th of November 17:55, lefolved, That a court of chance-y in this province, in the hands or under the exercife of a governor, without conient in general aflembly, is contrary to law, unwarrantable, and of dangerous confeq iCiice to the liberties and properties of the people." The (anie fentiments obtained among the people in mr. Clarke's rime, as is vety evident in the memorable addiefs of the aflembly, in I7"7, a part of wiiich, relative to the court of chancery, is too fingular to be fupprefled. ** The fettling and eflablifliing of courts of general jurif- dic^ion, for the due adminiftration of julllce, is necefla-y in every country : and we conceive they ought to be fettled and eflabliftied, by the acts of the whole legiflature, and their feveral jurifdictions and powers by that authority limited and appointed, efpecially courts that are to take cognizance of matters in a courfe of equity. — This has been the conftant pracftice in England, when new courts were to be erecfted, or old ones to be abolifhed or altered : and the feveral kings of England, in whofe reigns thofe acts were made, never conceived, that the fettling, erecting, or abo- lifhm^ courts, by acts of the legiflature, had any tendency to dclti oy or in the leaft to dimiiiifh their juil and legal pre- OF NEW. YORK, i-ogatlves. — It was the method in ufe here, both before and fince ihe revoiiuicn, and particulaily recommended to the allembly lo be done in that manner, by a meflage from go- vernor hlouglicer and council, on thp 15th day of April 1691. Fe was the fii it governor fince the revclution ; and the governors that linrc Lhat tiiiie aflented to thofe ad:s, we fuppoie, never in the leait imagined, they were giving up the p -erofjative of iheir mailers, when they gave that aiient ; nor did we ever leavn, that they w ei e cenlured for doing fo. — On the contrary, the conltant inltruCtions, that have from time to time been given to the governors of this pro- vince, feem clearly to point out the doing of it, by acts of the legiliature, and not otherwife, as may be gathered from the inlh uclion, for the erec'ting of a court for the determin- ing ot fniall caufes, by which there are pofitive direcTtions given to the governors, to recommend it to the aflembly, that a biW fliOLild be pafled for that purpofe ; but notwith- ftanding thefe directions, given in dii etft and exprel's temis, thegovemots ncvei" would apply for fnch an act, but erecled that court b^ an ordinance of themfelves and council, as they did the court of chancery, which had before that time been crecfted by aOts of the legiliature in another manner. — They couki not be ignoiant, wliat dillatisfaition the erec'ting of a couit of chancery in that manner, gave the generality of the people. — This was very manifeft, by the refolves of the general allembly, at the time of its firft being fo erected, and often fince, declaring the illegality of fuch a proceed- ing. And though thefe refolves have been as often as made, treated by the governors with an unreafonabledifregard and contempt of thenj, yet to men of prudence, they might have been eftetftual, to have made them decline perftfling in a procedure, fo illegal and fo generally difiatisfactoi^ j and which (as they managed it) proved of no ufe to the pub- lic or benefit to themfelves. For as few of them had talents equal to the talk of a chancellor, w hich they had under- taken to perfo' in, fo it was executed accordingly. Some of them bemg willing to hold fach a court, others not, accord- ing as they happened to be inHuenced by thofe about them. So that we^-e it really edabli/hcd in the moft legal manner (as it was not) yet being in the hands of apcrfon not com- pellable to do his duty, it was fo managed, that the extra- ordiiiary delays and fruitlefs expenfe attending it, ren- dered it not only ufelefs, but a g ievance to the inhabitants, efpecially thofe, who we^e lb mifortunate as to be concern- ed in it : which we hope you thxok with us, tliat itis liigh time fliould be redieiied. THE H I S T O R Y, &c. Your honour well knows, that the cftabliflmig thaf court, in the manner it has been done, has been a lubject of contention, between the governors and the alleinbly ; and lince it is confefled by all, that the cllablilhing both of that, and other com is, by ad of rhe Icgillature, is indifpu- tably legal, and gives them the niofl imcontroverlible au- thority; and if nnquellionably legal, v.hatisfo, cannot be dcllructive of his majefty's preror,ativc.-l\\'c therefore hope, you will make no fcj^uple of aflcnting lo this bill, to put an end to a contention, that l.as no: be en, nor will be, while it continues, beneficial to hi r. inajell^ 's fcrvice." — From this tiiiic, the chancery lias bt en unaitacked by the allembly, but the bufnicls tranfac'ted in it is very incon- fitle/able. A com't of equity is abfclutely necellary, for the due adminilh ation of ;M'tice ; but whether privaie proper- ty ought to be in the li governors, I leave others todctjnninc . As the ] ' .cfs of the color.y increa- fes, fjw 0-* tlicm, I believe, wjii ■ iousof tiie clian- cellor's ofiice, as they have not i . ueofa iiiallerof the rolh. The prcfcnt oflicers of tli, (which is al- wa) s held in tlic coinicil chamber ai - > >j are, his ex- cellency fir Charles Hardy, knt. chancellor, two nialters, two clerks, one examiner, arer^lter, and a ferjeant at arms, and not one of them has a Hilary. In our proceedings, we copy after the chancery in England ; and indeed in all our coil i ts, the pra(^tice at home is more nearly imitated in this and New Jerfcy, than in any oth.er province upon the con- tinent. Few of our allcmblies have been capable to concert any new regulations of this kind : and hence the lawyers have had recourfe to the Engl ifli cuftoms and fomis, which they have generally adopted. While the New England colo- nies, through the fupcrior education of their reprefentatives, have introiluced numberlefs innovations, peculiar to them- felves ; the laws of our mother country have gradually ob- tained here, and in this refpecft, the public has perhaps receiv- ed advantages, even from the ignorance of our anceflors. * Sr-neare of opinion, that the governor's jurifdiction in this, and the (piritual, or prerogadve court, are incom- patible. THE END.