YALE UNIVERSITY LIBRARY

3 9002 07111 6579

YALE UNIVERSITY
LIBRARY

THE
HISTORY OF THE PROVINCE OF
N E W-Y O R K,
FROM THE
FIRST DISCOVERY.
To which is annexed
A Defcription of the Country, an Account of the
Inhabitants, their Trade, Religious and Political
State, and the Conftitution of the Courts
of Juftice in that Colony.

Lo ! Jit.' arming o'er the new di[:ovcr d f hurl J,
Gay Colonies extend \ the calm Retreat
Of undeferv'd Difre/s. 
•  Bound by fijcial FieeJom, firm they rife ;
0/~ Britain'* Empire the Support and Strength.
'Thomson.
Nee minor eft Virtus, quam querrcre, parta tueri.
By WILLIAM S M I T H, A. M.

LONDON:
Printed for J. Almon, oppoiite Burlington- Houfe,
Piccadilly.
MDCCL'XXVI. ¦ '

PREFACE,

WHOEVER confiders the number and ex
tent of the Britifh colonies, on this conti
nent ; their climates, foil, ports, rivers, riches, and
numberlefs advantages, muft be convinced 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 in
habitants originally jprang. The merchants, in
deed, by profitable experience, have not been alto*
gether unacquainted with our trade and our growth ;
and fome gentlemen of an inquifitive turn, by the
help of their correfpondents, have obtained the
' knowledge of many other particulars equally im
portant. But the main body of the people conceive
of thefe plantations, under the idea of wild, bound-
lefs, inhofpitable, uncultivated deferts ; and hence
the punifhment of a tranfportation hither, in the:
judgment of moil, is thought not much lefs fevere,
than an infamous death. Nay, appealing to facts,-
we may fafely aflert, that even the public boards, to
whole care thefe extenfive dominions have been
more efpecially committed, attained, but lately,
any tolerable acquaintance with their condition.
This is the more to be wondered at, as it is natural
to imagine, that the King's governors have ftatedly
tranfmitted full accounts of their refpeftive pro
vinces. The cafe has been quite otherwife. Go
vernments were heretofore too often bellowed upon
men of mean parts, and indigent circumftances.
The former were incapable of the talk, and the lat
ter too deeply engroffed by the fordid views of pri-
A 3 vate

1? PREFACE.
vate intereft, either to purfue or ftudy our com
mon weal, The woril confequences have refulted
from thefe meafures. Perpetual animofities being
engendered between the governor?, and the people
fubjected to their authority ; all attempts for con
ciliating the friendfhip of the Indians, promoting
the fur trade, fecuring the command of the lakes,
protecting the frontiers, and extending our poffef-
fions far into the inland country, have too often
given place to party projects and contracted
fchemes, "equally ufelefs and lhameful. The con
duct of the French has been juft the reverfe : in
fpite of all the difadvantages of a cold climate, a
long and dangerous navigation up the river of St.
Lawrence, a rough, barren, unfettled * country,
locked up from all communication with the ocean,
the greateft part of the year •, I fay, notwithftanding
thefe difficulties, they have feized all the advantages
which we have neglected. The continent, for many
hundred leagues, has been thoroughly explored,
the main paffes fortified, innumerable tribes of In-
nians, either won over to their intereft,-}- fubdued,
or bridled, the fur trade engrofied, a communica
tion maintained between the extremes of New-
France, the Britifh colonies reftricted to fcant limits
along the-fea fhore, and nothing left remaining for
the eflablifhment of a vail empire, but to open a
free water paffage to the ocean, by the conqueft of
the province of New- York.
If the governors of thefe plantations had formerly
been animated by the fame generous and extenfive
views, which inlpired Mr. Burnet, the long pro
jected defigns of our common enemy might, with
the aid of Great Britain, have been many years ago
¦ fupplanted, or at leaft defeated, at a trifling expence.
But, alas ! little, too little, attention has been had

•*

" Encore mains peuple." Charlevoix.

f " Notre nation, lafeulc, qui ait eu le fee ret de gagncr I'af-
" fcHion des dmeriquains." Charlevoix.

to

PREFACE. \v
to thefe important affairs, till the late encroachments
on the river Ohio, in the province of Pcnfylvania,
gave the alarm, and the miniftry were apprized of
the French machinations, by the feafonable repre-
fentations of General Shirley ; and if' the colonies
have now attracted the notice of his Majefty and his
parliament, ¦ their grateful acknowledgements are
due principally to the noble Lord, to whom thefe
fheets are dedicated, for his laudable enquiries into
their ftate, and his indefagatible zeal and induftry
for' their defence and profperity.
At prefent our affairs begin to wear a' more frni-
ling afpect. We are under the guardianfhip of a
Sovereign, who delights in the welfare of his peo
ple ; are refpected by a Parliament, affected with a
generous fympathy for the diftreffes of their fellow
Subjects, in all their difperfions ; and by a wife im
provement of the Britifh aids, it is hoped, we fhall
be able to retrieve the ill confequences of our long,
reproachful, and infenfible fecurity.
Formerly the colonies were at home difregarded
and defpifed, nor can any other reafon be afiigned
for it, than that they were unknown. This is, in
a great degree, to be imputed to ourfelves. If our
governors with-held thofe informations, which their
duty required them to have given, perfons of pri
vate characters ought to have undertaken that ufe-
ful and neceffary tafk. But, except fome accounts
of the fettlements in the Maffaehufets-bay and Vir
ginia, all the other hiftories of our plantations upon
the continent, are little elfe than collections of fall-
hoods, and worfe than none. That this charge
againft thofe publifhed concerning this province,
in particular, can be fully fupported, I perfuade
myfelf, will ihconteftably appear from the follow
ing fummary, concerning which I fhall fay a few
words. Having been formerly concerned, according to
an appointment by aft of ailembly, in a review and

digeft

Vi> PREFACE.
' digeft of our provincial laws, it was the duty of
myfelf, and my partner ir^ that fervice, to perufe
the minutes of the council, and the journals of the
general affembly, from the glorious revolution, at
the acceffion of King William, to the year 175 1 :
and as an acquaintance, with our public tranfactions,
was a branch of inftruclion, of which a ftudent for
the profeffion of the law ought not to be ignorant,
I have fince re-examined thofe entries, beginning
with the firft minutes of council, and read over ma
ny of the records in the fecretary's office. From
thefe authentic materials, the following pages were,
in agreat meafure, compiled. For many of thofe
parts, which concern our affairs with the French
and the Indians, antecedent to the peace of Ryf-
wick in 1697, 1 am bound to make liberal acknow
ledgements to Dr. Colden, the author of the Hifto-
ry of the Five Nations.
Mr. Alexander, a gentleman eminent in the law,
and equally diftinguifhed for his humanity, genera
lity, great abilities, and honourable ftations, fup-
plied me with fome ufeful papers ; and has left be
hind him a collection, diat will be very ferviceable
to any gentleman, who may hereafter incline to
continue this narrative, through the adminiflrations
of Mr. Cofby and Lieutenant-governor Clarke.
The draught of this work was unfinifhed at the
time of Mr. Alexander's deceafe ;* and therefore,
as it never paffed under his examination, many im
portant additions are loft, which his long and in
timate acquaintance with the affairs of this province
would have enabled him to fupply.
When I began to frame this digeft, it was only
intended for private ufe ; and the motives which
now induce me to publifh it, are the gratification of
the prefent thirft in Great Britain after American
intelligences ; contributing, as far as this province
*- He died on the 2d of April, 1756. is

PREFACE.
is concerned, to an accurate hiftory of the Britifh
Empire * in this quarter of the world ; and the
profpect of doing fomefmall fervice to my country,
by laying before the public a fummary account of
ks firft rife and prefent ftate.
Influenced by thefe views, I am not fo regardlefs
of the judgment of others, as not to wifh it may be,
in fome meafure acceptable. To pleafe all forts of
¦ readers I know is impoffible : he who writes with
fuch hopes, is a flranger to human nature, and will
be infallibly difappointed. My defign is rather to
inform than pleafe. He who delights only in pages
fhining with illuflrious characters, the contentions
of arrhies, the rife and fall of empires, and other
grand events, mufl have recourfe to the great au
thors of antiquity. A detail of the little tranfac-
tions, which concern a colony, fcant in itsjurifdic-
tion, and ftill ftruggling with the difficulties natu
rally attending its infant ftate, to gentlemen of this
tafte can furnifh no entertainment. The enfuing
narrative (for it deferves not the name of a hiftory,
though for brevity's fake I have given it that title)
prefents us only a regular thread of fimple facts ;
and even thofe unembellifhed with refieftions, be-
caufe they themfelves fuggeft the proper remarks,
and moft-readcrs will doubtlefs be beft pleafed with
their own. The facred laws of truth have been
infringed neither by pofitive affertions, oblique, in-
lidious hints, wilful fuppreffions, or corrupt mif-
reprefentation. To avoid any cenfures of this kind,
no reins have been given to a wanton imagination,
for the invention of plaufible tales, fupported only
by light probabilities : but choofing rather to be
itondt and dull, than agreeable and falfe, the true
* As the provinces are different in their conftitutions, and
with rcfpeft to government, independent of each other, no
general hillory of America can he expefted, till gentlemen ot
le'iure will draw up particular accounts ot the relpective colo-
jiies with which they are acquainted. import

PREFACE.
import of my vouchers hath been flrictly 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. 1 he main ufe of language is to
e:;prefs our ideas. To write in the gay, pleafing,
pomp of diction, is above my capacity. If any
are difpofed to. blame me for being too verbbfe,
It it be remembered that this is the indefeafible
right of my profeffion, founded upon irnmernorial
prelcription. Perfpicuity is all I have endeavoured
to maintain, nor am I at leifure to ftudy any high
er attainments in language. The errors of the
prefs will doubtlels be many, but for thefe I fhall
hardly be thought accountable, as my remote dif-
unce deprives me of all opportunities ofexarqinjng
-the proofs.

'

Nezv-7'ork,
'hr,e i',, 1756.

THE

THE HISTORY OF
N E W - Y O R K,

PART I.
From the Difcovery of the Colony to the Surrender
in 1664..,
CHriftopher Columbus, a Genoefe, employed
by Ferdinand and Ifabel, king and queen of
Caftile, was the firft difcoverer. of America.* He
failed from St. Lucar in Auguft 1492, and made
fight of one of the Bahama iflands, oh the eleventh
of October following. Newfoundland, and the
main continent, were difcovered five years after, by
Sebaftian Gabato, a Venetian, in the fervice of
Henry VII. of England, fronri the 38th to the 68th
degree of nprth latitude.
On the tenth of April 1606, king James I. for
planting two colonies, paffed the great North and
South Virginia patent. To Sir Thomas Gates and
others, leave was given to begin a plantation at any
place on the continent, they fhould think conve
nient, between the 34th and 41ft degrees of lati
tude : and all the lands extending 50 miles, on each
fide, along the coafl, 100 rniles into the country,
and all the iflands within 100 miles, oppofite to
their plantations, were granted in fee, to be called
the firft colony. By the fame patent, a like quan
tity was granted to Thomas Henham, Efq. and
• * Some authors alledge, that Columbus firft offered his fer-
vices to the republic of Genoa ; then to John II. of Portugal,
and afterwards to our King Henry VII ; but this difagrees with
Lord Bacon's account, who informs us, that Chriftopher Cot
lumbus failed before his brother Bartholomew had laid the pro
ject before the king, which wa* owing to his falling into the
h^ndsof pirates on his way to England. B others,

* THE HTSTORY OF
others, for a plantation between 38 and 45 degrees
of latitude, under the name of the fecond colony,
The firft began a fettlement in the great bay (Chea-
fapeak) in 1607. . The latter was planted at Ply
mouth in New England in 1620.
tong Manama Henry Hudfon, an Englifhman, according to our
«XeI bikini authors, ln tne year *6o8,* under a commiffion
ry Hudfon, in from the king his mafler, difcovered Long Ifland,
New- York, and the river which ftill bears his
name ; and- afterwards fold the country, or rather
his right, to the Dutch. Their writers contend,
that Hudfon was fent out by , the Eaft-India com
pany in 1609, to difcover a north- weft paffage to
China ; and that. having firft difcovered Delaware
Bay, he came hither, and penetrated up Hudfon's
River, as far north as the latitude of forty- three de
grees. It is fai'd, however, that there was a fale,
and that the Englifh objected to it, though they for
fome time neglected to oppofe the Dutch fettlement
of the country.
""oAmono fake • ln 1^I°5 Hudfon failed again from Holland to
countryin°6i4* this country, called by the Dutch, New-Nether-
»?<? caji it New- iarici . anci four vears after the States General
Jneuieiland. ' . <¦ 1 ' i r
granted a patent to lundry merchants, for an ex-
clufive trade on the North River, who in 1614 built
a fort, on the weft fide, near Albany, which was firft
commanded by Henry Chriftiaens. Captain Argal
was fent out by Sir Thomas Dale, governor of
Virginia, in the fame year, to difpoffefs the French
of the two towns of Port-Royal, and St. Croix, ly
ing on each fide of the Bay of Fundy in Acadia, then
claimed as part of Virginia.f In his return, he vir
fited the Dutch on Hudfbn's River, who being un
able to refill him* prudently fubmitted for the pre-
* Charlevoix, a French Jefuit, authorof the general hiftory
of New France, thinks this difcovery was in 1609, vol. I. 120
edition, p. 221. but Stith, Douglafs, Oldmixon, and other
Englifh writers agree, that Hudfon's firft voyage was in the
preceding year.
1 fent

N E W - Y O R K. |
/ent to the King cf England, and under him to the
Govenor of Virginia. The very next year, they
erected a fort on the fouth-weft point of the ifland
Manhattans, and two others in 1623 : one called
Good-Hope, on Connecticut River, and the other
Naffau, on the Eaft fide of Delaware Bay. The
author of the account of New-Netherland J afferts,
that the Dutch purchafed the lands on both fides of
that river in 1632, before the Englffh were fettled
in thofe parts •, and that they difcovered a little frefh
river, farther to the eaft, called Varfche Rivierae, to
diftinguifh it from Connecticut River, known among
them, by the Name of Varfche Rivier, which Van-
derdonk alfo claims for the Dutch.
Determined upon the fettlement of a colony, the Wouter . Van
r. /~. , -1 , ,- , .¦', Twiller is made
States General made a grant or the country, in x 621, governor of
to the Weft-India company. Wouter Van Twil-Ne"'-N,:t£er-
ler, arrived at Fort-Amfterdam, now New- York, "" ' '"
and took upon himfelf the government in June
1629. His ftyle, in the patents granted by him,
was thus, " We director and council, refiding in
*' New-Netherland on the ifland Manhattans, under
*' the government of their High Mightineffes, the
*' Lords States General of the united Netherlands,
" and the privileged Weft- India Company." In
his time the New-England planters, extended their
poffefTions weftward as far as Connecticut River.
f Charlevoix places this tranfadion in 1613. vol. I. Hift.
of N. France in i2°,'p. 210. But Stith, whom I follow, be
ing a clergyman in Virginia, had greater advantages of know
ing the truth than the French jefuit.
1 The pamphlet is entitled, " Eefchryving van Virginia,
'' Neiuw Nederland," &c. and was printed at Amfterdam in
16^1. It contains two deferiptions of the Dutch pofleffions.
The firft is a copy of that publifhed by John de Laet at Ley-
den. The fecond gives a view of tlds country feveral years af
ter, in 164.9. A fliort reprefentation of the country of the
Mahakuafe Indians, written, in 1644, by John Megapolenfis,
jun. a Dutch minifter refiding here is annexed to that part of
the pamphlet concerning New-Netherland, B 2 Jacob

4 THE 'HISTORY OF
Jacob Van Curlet, the commiffary there, protefted
againft it, and in the fecond year of the fucceeding
adminiftration, under
William Kicft,* who appears firft in 1638, a,
wniiam Kieft prohibition was iffued, forbidding the Englifh
5,S63Ggrernor'n trade ^ Fort Good tlope, and fhortfy after, on
complaint of the infolence of the Englifh, an or
der of council was made for fending more forces
there, to maintain the Dutch territories. Dr. Ma
ther confeffes, that the New-England men firft
formed their defign of fettling Connecticut river in
1635, before which time they efleemed that river
at leaft 100 miles from any, Englifh fettlement;
and that they firft fea-ted themfelves there in 1636,
at Hartford, near Fort Good -Hope, at Weathers-
field, Windfor, and Springfield. Four years af
ter, they feize'd the Dutch garrifon, and drove
them from the banks of the river, having firft fet
tled New-Haven in 1638, regardlefs of Kiefts rjro-
teft againft it.
The extent of New-Netherland was to Deia-
of the extent of ware, then called South River, and beyond it-, for
I find, in the Dutch records, a copy of a letter
from William Kieft, May 6, 163 8, directed to
Peter Minuitvf who feems, by the tenor of it, to
be the Swedifh governor of New-Sweden, afferting,
u that the whole fouth river of New-Netherland,
" had been in theDutch poffefiion many years above
*' and below, befet with forts, and fealed with their
" blood,"
* We have no books among our Dutch records remaining in
the Secretary's. office, relating to State matters, before Kieft's
time, nor any enrolments of patents till a year after Van
Twiller.artived here. Mr. Jacob Goelet fupplied us with fe-
veral extracts from the Dutch records.
f The anonymous Dutuh author of the Defcription of New-
Netherland in 164.Q, calls him Minnewits ;' and adds, that in
1638 he arrived at Delaware with two veffels, pretending that
he touched for refrefhment in his way to the Weft-Indies ; but
that be foon threw fft' the- difguife, by employing his men in
erecting a fort. The fame hiftorian informs us of the murder of

New-Ndher Mud.

N E W - Y 0 R t.
" blood." Which Kieft adds, has happened even
during your adminiftration " in New-Netherland,
" and fo well known to you."
The Dutch writers are not agreed in the extent
of Nova Belgia or New-Netherland -, fome defcribe
it to be from Virginia to Canada ; and, others in
form us, that the arms of the States General were
erected at Cape Cod, Connecticut, and Hudfon's
river, and on the weft fide of the entrance into De
laware Bay. The author of the pamphlet men
tioned in the notes, gives Canada river for a boun
dary on the north, and calls the country, north-weft'
from Albany, Terra Incognita.
In 1640, the Englifh, who had overfpread the
eaflernpart of Long Ifland, advanced to Oyfterbay.
Kieft broke up their fettlement in 1642, and fitted
out two floops to drive the Englifh out of Schuyl
kill, of which the Maryjanders had. lately poffeffed
themfelves. The inflructions, dated May 22, to
Jan'Janfen Alpendam, who commanded in that
enterprife, are upon record, and ftrongly affert the
right of the Dutch, both to the foil and trade there.
The Englifh from the eaftward fhartly after fent
deputies to NeW-Amfterdam, for the accomodation
of their difputes about limits, to whom the Dutch
offered the following conditions, entered in their
books exactly in thefe words .
" Conditiones a D. directbre gen. fenatuys Novi
" Belgii, dominis weytingh atque hill, delegatis
" a nobili fenatu Hartfordienfi, oblatas :
" Pro agro noftro Hartfordienfi, annuo perfolvent
** praepotentiff. D D. ordinibus feed, provinciarum
of feveral Dutchmen, at South River, by the Indians, occa-
fioned by a quarrel concerning the taking away the States
Arms, which the former had erected at the firft difcovery of
that country ; in refenting which, an Indian had been killed.
If Kieft's letter alludes to this affair, then Minuit preceded
Van Twiller in the chief command here ; and being, perhaps,
dtfobliged by the Dutch, entered into the fervice of the Queen
of Sweden. " Bel-

T HE HISTORY OF
" Belgicarum aut eorum vicariis, decimam partem
'¦ Reventtis agrorurn turn aratro, turn ligone, aliove
" cultorum medio ; , ppmariis, hortifq; oleribus di-.
" catis, jugerum Hollandium non excedentibus ex-
" ceptis -, aut decimarum loco, pretium nobilipo-
" flea conftituendum, tain diu quam diu poffeffores.
" ejufdem agri futuri erunt. Actum in arce Am-
" flelodamenfi in Novo Belgio die Julii 9, anno
" Chrifli 1642."
We have no account that the Englifh acceded to
thefe propofals, nor is it probable, confidering their
fuperior ftrength, that they ever did : on the con
trary, they daily extended their poffefiions, and in
1643 tne colonies of Maffachufet's Bay, Plymouth,
Connecticut, and New-Haven, entered into a league
both againft the Dutch and Indians, and grew fo
powerful as to meet fhortly after, upon a defign of
extirpating the former. The Maffachufet's Bay
declined this enterprife, which occafioned a letter
to Oliver Cromwell from William Hooke, dated
at New-Haven, November 3, 1653, in which he
complains of the Dutch, for.fupplying the natives
with arms and ammunition, begs his affiftance with
two or three frigates, and that letters might be fent
to the eaftern colonies, commanding them to join in
an expedition againft the Dutch colofty. Oliver's af
fairs would not admit of fo diftant an attempt,* but
Richard
* The war between him and the ftates, which began in July
1652, was concluded by a peace on the fifth of April 1654.
The treaty makes no particular mention of tbis country. If
any part of it can be confidered as relating to the American'*
poffefiions, it is to be found in the two firft articles^ which are
in thefe words :.*" Imprimis, It is agreed a,nd concluded, that,
*' from this day forwards, there be a true, firm, and inviolable
" peace, a fincere,_ intimate surd cloie friendfljiip, affinity, con-
" federacy, and union, betwixt the republic of England and the
" States General of th(| United Provinces of the Netherlands.,
'? and the laads,ccjiin tries, cities, aad towns, under the domi-
. " niQ&a

ISf E W - Y O R K> q
Richard Cromwell afterwards drew up inftructions
to his commanders for fubduing the Dutch here,
and wrote letters to the Englifh American govern
ments for their aid ; copies of which are preferved
in Thurloe's collection, vol. I. p. 721, &c.
Peter Stuyvefant was the laft Dutch governor, PeterStuyveftnt
and though he had a commiflion in 1646, he did ^of Ne"-'
not begin his adminftration till May 27, 1647. The N«herland> br
inroads and claims upon his government, kept him Tw?^' '"
conflantly employed. New-England on the eaft,
and Maryland on the weft, alarmed his fears by their
daily increafe •, and about the fame time Captain
Forrefter, a Scotchman, claimed Long Ifland for
the dowager of Stirling. The Swedes too were per
petually incroaching upon Delaware. Through the
unfkilfulnefs of the mate, one Defwyk, a Swedifh
captain and fuper-cargo arrived in Raritan River.
The fhip was feized, and himfelf made prifoner at
New- Amfterdam. Stuyvefant's reafons were thefe.
In 1651, the Dutch built fort Cafimir, now called
Newcaflle on Delaware. The Swedes, indeed,
claimed the country, and Printz their governor
formally protefted againft the works. Rifingh, his
fucceffor, under the difguife of friendfhip, came be
fore the fortrefs, fired two falutes, and landed thirty
men, who were entertained by the commandant as
friends ; but he had no fooner difcovered the weak-
nefs of the garrifon, than he madehimfelf mafter of
it, feizing alio upon all the ammunition, houfes, and
other effects of the Weft-India company, and com
pelling feveral of the people to fwear allegiance to
*' nions of each, without diftinction of places, together with.
" their people and inhabitants of whatfoever degree."
II. " That hereafter all enmity, hoftility, difcord, and con-
" tention, betwixt the faid republics, and their people and
*' fubjedts, fhall ceafe, and both parties fhall henceforward$
" abftain from the commiting all manner of mifchief, plunder,
" and injuries, by land, by fea, and on the frefh waters, in
" all their lands, countries, dominions, places, and government*
" whatfoever," Chri>.

THE HISTORY OF
Chriftina queen of Sweden. The Dutch in i6$$t
prepared to retake fort Cafimir. Stuyvefant com
manded the forces in perfon, and arrived with them
in Delaware the 9th of September. 'A few days af
ter, he anchored before the garrifon, and landed his
troops. The fortrefs was immediately demanded
as Dutch property : Suen Scutz, the commandant,
defired leave to confult Rifingh, which being re-
fufed, he furrendered the 16th of September on ar
ticles of capitulation. The whole ftrength of the
place confuted of four cannon fourteen pounders,
five fwivels, and a parcel of fmall arms, which were
all delivered to the conquered. Fort Chriftina was
commanded by Rifingh. Stuyvefant came before
it, and Rifingh. furrendered it upon terms the 25th
of September. The country being thus fubdued,
the Dutch governor iffued a proclamation, in fa
vour of fuch of the inhabitants, as would fubmit to
the new government, and about thirty Swedes
fwore "fidelity and obedience to the States Gene-
" ral, the lords directors of the Weft-India feom-
" pany, their fubalterns of the province of New-
*' Netherlands and the director general then, or
" thereafter eftablifhed." Rifingh and one Elfwych,
a trader of note, were ordered to France, or Eng
land, and the reft of the Swedifh inhabitants to
Holland, and from thence to Gottenberg. The
Swedes being thus extirpated, the ¦ Dutch became
poffeffed of the weft fide of Delaware Bay, now
called The three lower Countries.
This country was afterwards under the command
lieutenant-governors, fubject "to the cantroul of,'
and commiffioned by the director general at New-
Amfterdam. Johan Paul Jaquet was the firft vice-
director, or lieutenant-governor, of South River..
His fucceffors were Alricks, Hinojoffa, and Wil
liam Beekman. The pofterity of the laft remains'
among us to this day. Thefe lieutenants had po-,
wer to grant lands, and their patents make a pare of

N E W - Y O R fc.
"6f the ancient titles of the prefent poffeffors. Al-
rick's commiffion, of the 1,2th of April, 1657, fhews
the extent of the Dutch claim on the weft fide of
Delaware at that time. He was appointed " Di-
" rector general of the colony of the South River
" of New-Netherland, and the fbftrefs of Cafimir,
" now called Niewer Amflel, with all the lands
" depending thereon, according to the firft pur-
" chafe and deed of releafe of the natives, dated
" July 19, 1651, beginning at the weft fide of the
" Minquaa, or Chriftina Kill, in the Indian Ian-
" guage named Sufpecough, to the mouth of the
" bay, or river, called Bompt-FIook, in the Indian
" language Cannareffe ; and fo far inland as the
<l bounds and limits of the Minquaas land, with
" all the ftreams, &c. appurtenances and depen-
" dencies." Of the country northward of the Kill,
no mention is made. Orders in 1658 were given
to William Beekman to purchafe Cape Hinlopen
from the natives, and to fettle and fortify it, which,
for want of goods was not done till the fucceeding
year. In the year 1659, frefh troubles arofe from the
Maryland claim to the lands on South Puver ; and
in September, Colonel Nathaniel Utie, as commif-
fioner from Fendal, Lord Baltimore's governor,
arrived at Niewer Amftel from Maryland. The
country was ordered to be evacuated, Lord Balti
more claiming all the land, between 38' and 40 de
grees of latitude, from fea to fea. Beekman and
his council demanded evidence of his lordfhip's
right, and offered to prove the State's General's
grant to the Weft-India company, theirs to them,
payment for the land and poffeffion ; and upon the
whole propofed to refer the controverfy to the re
publics of England and Holland, praying at the
fame time, three weeks to confult Stuyvefant, the
general. The commiffioner, notwithftanding, a few
days after, warned him to draw off, beyond the la
titude

JO

THE H J STORY OF
titude of 40 degrees : but Beekman difregarded the
threat. Colonel Utie thereupon returned to Mary-
landj and an immediate invafion was expected.
Early in the fpring of the year 1660, Nicholas
Valeth, and Brian Newton, were difpatched from
Fort Amfterdam to Virginia, in quality of ambaffa-
dors, with full power to open a trade, and conclude
a league, offenfive and defenfive againft the barba
rians. „ William Berckly, the governor, gave them
a kind reception, and approved their propofal of
peace and commerce, which Sir Henry Moody was
fent here to agree upon and perfect. Four articles,
to that purpofe. were drawn up, and fent to the
governor for confirmation. Stuyvefant artfully
endeavoured, at this treaty, to procure an acknow
ledgment of the Dutch title to the country, which
Berckly as carefully avoided. This was his an-
fwer. " Sir,
" I have received the letter, you were pleafed to
" fend me, by Mr. Mills his veffel, and fhall be
" ever ready to comply with you, in all acts of
" , neighbourly friendfhip and amity. But truly, Sir,
" you defire me to do that, concerning your titles
" and claims to land, in this northern part of Ame-
" rica, which I am in no capacity to do •, for I am
" but a fervant of the afiembly's : neither do they
" arrogate any power to themfelves, farther than the
" miferable diffractions of England force them to.
?' For when God fhall be pleafed in his mercy, to1
" take away and diffipate the unnatural divifions of
cc their native country, they will immediately re-
" turn to their own profeffed obedience. What
" then they fhould do in matters of contract, dona-
" tion, or confeffion of right, would have little
" ftrength or fignification ; much more prefump-
" tive and impertinent, would it be in me to do it,
*' without their knowledge or affent. We fhall
" very fhortly meet again, and then, if to them you
tt figriify

N E W - Y OR K.
M Tigoify your defires, I fhall labour all I can, to
" get you a fatifactory anfwer.
« yir i ¦ "I am> Sir,
" Auguftg2Q,\\bo. " Your humble fervant,
" William Berckly."
Governor Stuyvefant was a faithful fervant of
the Weft-India company : this is abundantly proved
by his letters to them, exciting their care of the co
lony. In one^ dated April 20, 1 660, which is very
long and pathetic, reprefenting the defperate fitua-
tion of affairs on both fides of the New-Netherland,
he writes, " Your honouts imagine, that the trou-
" bles in England will prevent any attempt on thefe
" parts : alas ! they are ten to one in number to
" us, and are able, without any afiiftance, to de-
" prive us of the country when they pleafe." On
the 25th of June, the fame year, he informs them,
" that the demands, encroachments, and ufurpa-
" tions of the Englifh, give the people here oreat
" concern. The right to both rivers, fays he, by
" purchafe and poffeffion is our own, without dif-
" pute. We apprehend, that they, our more po-
" werful neighbours, lay their claims under a royal
" parent, which we are unable hitherto to do in
" your name."* Colonel Utie being unfuccefsful
the laft year, in his embaffy for the evacuation of
the Dutch poffeffions on Delaware, Lord Baltimore
in autumn 1660, applied by Captain Neal, his agent
to the Weft-India company, in Holland, for an or-
* If we fhould argue from this letter, that the Weft-India
company had no grants of the New-Netherlands, from the
States General, as,fome fuppofe, we difcredit De Laet's hiftory,
dedicated to the States in 1624, as well as all the Dutch wri
ters, and even Stuyvefant himfelf, who in his letter to Richard
Nicolk, at the furrender, aflerts, that they had a grant, and
fliewed it under feal to the Englifh deputies. But the genuine
conftru£lk>n of the Dutch governor's letter, is this, that in
1660, he had not the patent to the Weft-India company, to
lay before the Englifh in America, who difputed the Dutch
right to this country. der

M

13 THE HISTORY OF'
der on the inhabitants of South River to fubmit tq
his authority, which they abfolutely refufed, affert-
ing their right to that part of the colony.
The Englifh, from New-England, were every
day incroaching upon the Dutch. 1 he following
letter, from Stuyvefant to the Weft-India company.
dated July 21, 1661, fhews the ftate of the colony
at that time, on both fides. *' We have not yet
" begun the fort on Long Ifland, near Oyfterbay,
" becaufe our neighbours lay the boundaries a mile
" and a half more wefterly, than we do, and the
" more as your honours, by your advice of De-
<e cember 24,' are not inclined to ftand by the
" treaty of Hartford, and propofe to fue for re-
" drefs on Long Ifland and the Frefh Water River,
" by means of the States ambaffador. Lord Ster-
" ling is faid to follicit a confirmation of his right
" to all Long Ifland, and importunes the prefent
" King, to confirm the grant made by his royal fa-
" ther, which is affirmed to be already obtained.
** But more probable, and material, is the advice
" from Maryland, 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
" rigid papift, being made governor there, has re-
" ceived Lord Baltimore's claim, and proteft to
" your honours in council, (wherewith he feems
" but little fatisfied) and has now more hopes of
" fuccefs. We have advice from England, that
" there is an invafion intended againft thefe parts,
" and the country foliated of the King, the Duke,
" and the Parliament, is to be annexed to their do-
" minions ; and for that purpofe, they defire three
" or four frigates, perfuading the King, that the
" company poffefffed and held this country under
" an unlawful title, having only obtained of King
" James leave for a watering place on Staten Ifland,
" in 1623." In

13

N E W - Y O R K.
In Auguft 1663, a fhip arrived from Holland
at. South River, with new planters, ammunition,
and implements of hufbandry. Lord Baltimore's
landed a little after, and was entertained by Beek
man at Niewer Arnftel. This was Charles, the
fon of Cecilius, who in 166 1, had procured a "
grant and confirmation of the patent,, paffed in fa
vour of his father in 1632'. The papiftical princi
ples of the Baltimore family, the charge of coloni
zing, the parliamentary ' war with Charles I. and
Oliver's ufurpation, all confpiredto impede the fet
tlement of Maryland, till the year 1661. And
thefe confiderations account for the extenfion of the
Dutch limits, on the weft fide of Delaware Bay.
While the Dutch were contending with their
European neighbours, they had the art always to
maintain a friendfhip with the natives, until the
war which broke out this year with the Indians
at Efopus, now Ulfter county. It continued,
however, but a fhort-feafon. The Five Nations
never gave them any difturbance, which was ow
ing to their continual wars with the French, who
fettled at Canada in 1603. I have before ob-
feryed, that Oliver Cromwell was applied to, for
his aid in the reduction of this country, and that
his fon Richard took fome fteps towards accom-
plilhing the fcheme ; the work was however referv-
ed for the reign of Charles II. an indolent prince,
and entirely given up to pleafure, who was driven
to it, more perhaps by the differences then fubfift-
ing. between England and Holland, than by any
motive that might reflect honour upon his prudence,
activity, and public-fpirit. Before this expedition, K!nsc(,3,'lcsn-
1 tr • 1 1 1 h i\ ir 1 grants the coun-
the King granted a patent on the 12th or March, try to his t>.o-
1664, to his brother, the Duke of York and Al-^r £e ^'6ke
bany, for fundry tracts of land in America, the°
boundaries of which, becaufe they have given rife
to important and animated debates, it may not be
improper to tranfcribe. " All

u -THE HISTORY O!
" All that part of the main land of New-Eng^
" land, beginning at a certain place, called or known
" by the name of St. Croix, next adjoining to
" New-Scotland in America, and from thence ex-
" tending along the fea-coaft, unto a certain place
" called Pemaquie, or Pemequid, and {o up the ri-
" ver thereof, to the furtheft head of the fame, as
" it tendeth'porthward 5 and extending from th6nce
" to the River of Kimbequin, and fo upwards, by
" the fhorteft courfe, to the River Canada north-
" ward : and alfo all that ifland, or iflands, com-
ft monly called by the feveral name or names of
*' Meitowacks, or Long Ifland, fituate and being
" towards the weft of Cape Cod, and the narrow Hi -
" ganfetts, abutting upon the main land, between
" the two rivers, there called or known by the feve-
" ral names of Connecticut and Hudfon's river, to-
" gether alfo with the faid river, called Hudfon's
" River, and ail the land from the weft fide of
" Connecticut River, to the eaft fide of Delaware
" Bay, and alfo, all thofe feveral iflands, called or
" " known by the names of Martin's Vineyard, or
" Nantuck's, otherwife Nantucket : together, &c."
The r>. of York Part of this tract was conveyed by the Duke to
IhhlLlTy to John Lord Berkley, Baron of Stratton, and Sir
Lord Berkley, & George Carteret of Saltrum in Devon, who were
terV.^iTjune", then members of the King's council. The leafe
1664. was for the confideratioh of ten Shillings, and dated
the 23d of June, 1664. The releafe, dated the
next day, mentions no particular fum of money, as
a confideration for the grant of the lands, which
have the following defcription.
" All that tract of land, adjacent to New-Eng-
" land, and lying and being to the weflward of
"• Long Ifland, and bounded on the eaft part by
" the main fea, and partly by Hudfon's River;
" and hath upon the weft," Delaware Bay, or Ri-
" ver, and extendeth fouthward, to the main ocean
" as far as Cape May, at the mouth of Delaware ** Bay i

N E W - Y O R K. ir
" Bay t and to the northward, as far as the norther-
" rrioft branch of the faid Bay or River of Delaware,
*' which is forty-one degrees and forty minutes of
*' latitude ; which faid tract of land is hereafter to
" be called by the name or names of Nova Csefa-
" rea, or New Jerfey."
Thus the New-Netherlands became divided into
New Jerfey, (fo called after the ifle of Jerfey, in
compliment to Sir George Cartaret, 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 An expedition of
governor, were not unapprifed of the defigns of ^fjJ^J*
the Englifh court againft them, for their records minion under
teftify, that on the 8th of July, " The*-general re- £,„?« ^
*' ceived intelligence, from one Thomas Willet, anvin« °f New-
" Englifhman, that an expedition was preparing in juiy,"^' '"
" England againft this place, confifting of two
" frigates of 40 and 50 guns, and a fly boat of 40
*' guns, having on board 300 foldiers, and each
" frigate 150 men, and that they then lay at Portf-
" mouth, waiting for a wind." News arrived alfo
from Bofton, that they had already fet fail. The
burgomafters were^thereupon called into council.
The fortrefs ordered to be put into a pofture of de
fence, and fpies fent to "Milford and Weft-Chefter
for intelligence. Bofton was in the fecret of the
expedition ; for the general court had in May pre
ceding, paffed a vote for a fupply of provifions, to
wards refrefhing the fhips on their arrival. They
were four in number, and refolved to rendezvous at
Gardener's Ifland in the Sound, but parted in a fog
about the. 20th of luly. Richard Nicolls and Sir *Thatisti,ePer.
« ,-, r ^ 'rr -i f°n5 authorized
George Carteret, two of the commiffioners,* were by the commif.
on board the Guyny, and fell in firft with Cape »»" ^ ^a« the
Cod. The winds having blown from the fouth-weft EngLnd.wtaka
the other fhips, with Sir Robert Car, and Mr. Ma- Puffi;ffior. °fthe
a ' . . . _ '11 country and re-
venick, the regaining commifnoners, were rightly dUce it to the
concluded to be driven to the eaftward. After King's ob..^
Clll- note in page 2$.

t6 THE HISTORY OF.
dlfpatching a letter to Mr. Winthrop, the gover
nor of Connecticut, requefting his affiftance, Col-
lonel Nicolls, proceeded to Nantafket, and thence
to Bofton. The other fhips got into Pifcataway.
John Endicot, a very old man, was then governor
of Bofton, and incapable of bufinefs. The com-
miffiohers, therefore, had a conference with the
council, and'earnefrly implored the affiftance of
that colony. Colonel Nicolls and Sir George Car
teret, in their letter from Bofton, to Sir H. Bennet,
fecretary of ftate, complain much of the backward-
nefs of that' province. The reafons urged in their
excufe, were poverty and the feafon, it being the
time of harveft ; but perhaps difaffection to the
Stewart family, whojfe perfceuting fury had driven
them from their native country, was the true fpring
of their conduct. The King's fuccefs in the re
duction of the Dutch, evidently opened him a door,
to come at his enemies in New-England, who were
far from being few ;* and whether this confidera-
tion might not have given rife to the project itfelf,
I leave to the conjectures of others.
On the 27th of July, Nicolls and Carteret made
a formal requeft in writing. " That the govern-
" ment of Bofton would pafs an act to furnifh them
" with armed men, who mould begin their march
, " to the Manhattans, on the 20th of Auguft enfu-
" ing, and promifed, that if they could get other af-
" fiftance, they would give them an account of it."
The governor and council anfwered, that they
* T. Dixwel, efq. one of Charles I's judges, and excepted*
out of the general pardon, lived many years at New-Haven
(incog.) in quality of a country merchant: Sir Edmund An*
doofs, in one of his tours through the colony of Connecticut,
law him there at church, and ftrongly fufpedled him to be one
of the regicides. In his laft illnefs, he revealed himfelf to the
minifter of the town, and ordered a fmall {tone to be fet at the
head of his grave, which I have often feen there, inferibed,
T. D. Efq. While at New-Haven, he went under the name
of John Davis. would

N E W - Y O R K; >j
fcould afiemble the general court, and cdmfhuhi*
cate the propofal to, them,'
From Bofton, a fecond letter was written to Go-
Vernour Winthropjn Connecticut, dated the 29th'
of July, in which he was informed; :that the other
Ihips were then arrived; and would- fail with the
firft fair wind,' and he was defired to meet them at
the weft end of Long Iflandi ,
- One of the fhips entered the bay of the North
. River, feveral days before the reft ;• and as foon ai
they w.ere all come up; Stuyvefant fent a letter dated
|| of Auguft< at Fort Anill, directed to the com
manders of the Englifh frigates; by John Declyer,
one of the chief council, the Reverend John Mega-
polenfis minifter; Paul Luhder Vander Grilft ma-
jpr, and Mr. Samuel MegapolenfiSj doctor in phy-
fic, with the utmoft civility, to defire the reafon of
their approach, and continuing in the . harbour of
Naijarlij, without giving notice to the Dutch, which
(he writes) they ought to have done.
, Colonel Nicolls anfwered the next day with a
fummOns.
*' To the Honourable the Governors, and Chief
" " Council at the Manhattans.
" Right Worthy Sirs,
( " I received a letter by fome worthy perfons summons to the
«.< intrufted by you, bearirig date j§ of, Auguft, de-lT^/ZT,
" firing to know the intent of the approach of the and forts to the.
*J- Englifh frigates; in return of which, I think it ZZ° °f *"*'
** fit to let you know, that his" Majefty of Great
" Britrin, whofe right a"nd title to thefe parts of
" America is unqueftioriable, well knowing, how
'^ much it derogates from his crofrh and dignity,
J' to fuffer any foreigners, how near foever they be
*' allied; to ufurp a" dominion; ahd without his Ma- ¦
*' jelly's royal corifent, to inhabit in thefe; or any
fi other of his Majefty's territories, hath command^'
*' ed me, in his name, to require a furreiider of all

THE- HISTORY OF
" fuch forts* towns, or places of ftrength, which
" are now poffeffed by the Dutch, under your
" commands ; and in his Majefty's name, I do de-
" mand the town, fituate on the ifland, commonly'
" known by the name of Manhatoes, with all the
" forts thereunto belonging, to be rendered unto
" his Majefty's obedience and protection, into my
i{ hands. 1 am further commanded to affure you,
" and every refpective ihhabitant of the Dutch na-
" tion, that his Majefty being tender of the effufioi*
" of chriftian blood, doth by thefe prefents, eon-
*' : firm and fecure to every man his eftate, life^ and
" liberty, who fhall readily fubmit to his govern-
*' ment. Arid all thofe who fhall oppofe his Ma-
" jefty's gracious intention; muft expect all the mi-
" feries or a war which they bring upon themfelves;
*' I fhall expect your anfwer by thefe gentlemen*
" Cblohel George Carteret, one of his Majefty's
" commiflioners in America ; Captain Robert
" Needham, Captain Edward Groves, and Mr.
" ThomaS Delavall, whom you will entertain with
*' fuch civility as is due to them, and yourfelves
" and yours fhall receive the fame, from,
*< Dated ori board his Ma- " Worthy SifS,
-iiSb&^N.STffi " tour very hwhble *****
« 1°. of Aug. 1664. " Richard NieotLs."
Mr. Stuyvefant promifed an anfwer to the fum-'
mons the next morning, and in the mean time con
vened the council and burgomafters. The Dutch
governor was a good foldier, and had loft a leg iri
the fervice of the States. He would willingly have
made a defence : and refufed a fight of the funv
mons, both to the inhabitants and burgomafters^-
left the eafy terms offered, might induce them to-
capitulate. The latter, however; infilled upon a
copy, that they might communicate it to the late
magiflrates and principal Burghers. They called ¦
together the inhabitants at the Stadt-hdufe, and ae- -
quainted

N E W - Y O R K. *9
quairited them with the governor's refufal. Go
vernor Winthrop, at the fame time,, wrote to the di
rector and his council, ftfongly recommending a
furrender. On the 2id of Auguft, the burgoma-
fters came again into council; and defired to know
the contents of the Englifh meflage from Governor
WinthrOp; which "Stuyvefant ftill refufed. They
fcontinded their importunity ; and he, in & fit of an
ger, tote it to pieces ; upon which,' they protefted
againft the act; and all its cohfequenees. Deter
mined upon a defence of the country, Stuyvefant
Wrote a letter in anfwer to the fummons; which as it
is hiftorical of the Dutch claim, will doubtlefs be
acceptable t6 the ; reader. The following is ari
exact trahfcript of the recordi - ¦-
" My. Lords;
'" Your firft letter, uhfigned of the I? Auguft, Anfwer of,, tie
u together \yith*t'hat of this day, figned according DutchGo,crni*<
kc' to form, being the firft of September, have been
" fafely delivered into bur hands by youf deputies,
" unto which we -fhall" fay; that the rights of his
u Majefty of England, unto any part of America
" hereabout, ambhgthe reft; Unto' the colonies of
" Virginia, Maiylana, br-othefs' in New-England,
" whether difputable br not, is that, which for the
" prefent, we have no defigh 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 France and Spain will difal-
lt low, as we abfolutely do, by virtue of a coffimifiiort
•" given to me, by my Lords, the High and Mighty
*' StatesGeneral, to be governor genera^ over New-
" Holland, the ifles of Curacoa, Bonaire, Af uba;
** with their appiirtenancies and dependahcies; bear-
*' ing date the 26th of July, 1646; As alfo by vir-
" tue of a grant and commifiion^ given by my faid.
" Lords, the High arid Mighty States General, td
*' the Weft-India company, in the year 1621, with
C 2 " m

,a»

THE HISTORY OF
" as much power and as authentic, as his faid Ma-
" jefty of England hath given, or can give, to any
" colony in America> as more ^uUy appears by
" the patent and commiffion of the faid, Lords
" the States General, by them figned, regiftered^
f' and fealed with their- great feal, which were fhew-
*• ed to youf deputies Colonel George Carteret,
" Captain Robert Needham, Captain Edward
" Groves, and Mr. Thomas Delavall ; by which
" commiffion and patent, together (to deal frankly
" with you) and by divers letters, figned and fealed
" by our faid Lords, the States General, directed to
" feveral perforis, both Englifh and Dutch, inha-*
" biting the towns and villages on Long Ifland,
" (which without doubt, have' been produced be-
" fore you, by thofe inhabitants) by which they
" are declared and acknowledged to be their fub-"
" jects, with exprefs command, , that: they continue
" faithful unto them, under perfalty of incurring
" their utmoft difpleafure, which makes.it appear
ie more clear than the fun at noon-day, that your
" firft foundation, viz. (that the right and title, of
e' his Majefty of Great Britain; to thefe* parts of
" America is unquestionable) 'is abfolutely to be
*' denied. Moreover, . it . is without difpute, and
" acknowledged by. the world, that our predecef-
" fors, by .virtue of the commiffion and patent of
" the faid Lord's, the States General have without
" cOntroul and peaceably (the contraryWver com-
*' ing to our knowledge) ( enjoyed Fort Orange*
" about forty-eight or fifty- years, the Manhattans,
u about forty-one or forty ^tw'o years, the South
" River, forty years, and theFrefh' Water, River
" about thirty-fix years* Touching the fecond
*' fubject of youf letter, viz. His Majefty hath
" commanded me, in his name, . to require a fur-
", render of all fuch .'forts, "towns, or 4>lapes, o£
u ftrength, which now are poffeffed by the Dutch,
" under your command. We fhall .anfwer, that
' ' it

we

N E W - Y 0 R K.
»' we are fo confident of the difcretion and equity
" of his Majefty of Great Britain, that in cafe his
*' Majefty were informed of the truth, which is,
*S that the Dutch came not into thefe provinces by
" any violence, but by virtue of commiffions from
" my Lords, the States General j firft of all in the
V years 1614, if} 15, and "i'616, up the North Ri--
" ver, near Fort Orange, where, to hinder the inr
" vafiohs and maffacres commonly committed by
" the falvages, they built a little fort, and after,
w in the year 1622, and even to this prefent time,
" by virtue of commiffion and grant, to the gover-
" hors of the Weft-India company ; and moreover,
" in the year 1656, a grant to the honourable thq
," burgomafters of Amfterdam? of the South Ri-
" ver ; infomuch, that by virtue of the abovefaid
" commiffions from the High and Mighty States
" General, given to the perfons interefted as afore-
*' faid, apd others, thefe provinces have been goT
" verned? and consequently enjoyed, as alfo in re7
" gard of their firft difcovery, uninterrupted pof-
" feffioris, and purchafe of the lands, of the princes^
" natives of the country, and other private perfons
" (though gentiles) we make no doubt, that if his
" faid Majefty of Great Britain were well informed of
" thefe paffages, he would be too judicious to grant
" fuch an order, principally in a time when there
" is fo ftraight afrjeridihip and confederacy, between
" our faid Lords and fuperiors, to trouble us in the
" demanding and fummons of the places and for-
.' treffes, which were put into our hands, with" or-
" der to maintain them, in the name of the faid
" Lords, the States Genera], as was made appear
" to your deputies, under the names and feal of
" the faid High' and Mighty States General, dated
" the 28th of July, 164,6. Befides what had been
" mentioned, there is little probability, that his faid
« Majefty of ' England" (in regard the articles of
" peace are printed, and were recommended to us
C 3 " to

31

*3 THE. HI STORY OF
f? to obierve ferioufly and exactly by a letter writ-
" ten" to us by our raid. Lords, the States, General,
"and to caufetheW to be obferved religioufly ih
<* this country) would give order touching fo dan-
" ge,rOus a defign, being alfo fo apparent, that none
"other than my faid Lords, the States General,
" have any right to thefe provinces, and confe-
f* quently ought to command and maintain their
" fubjects, and in their abfence, we the Governor
" General are obliged to maintain their rights, and"
" ia repel and take revenge of all threatnings, un-
" juft attempts, or any force whatfoever, that fhall
," be committed againft their faithful fubjects and
f* inhabitants, it being; % very confiderable thing,
" to affront fo mighty a ftate, although it were not
" againft an ally and Confederate. Confequently,
" if. his faid Majefty (as it is fit) were- well informed
*' of all thatcould.be fpoken upon this fuhject, he
" .would not approve of what expreffions were men-
" tioned in your letter ; which are, that you are com-
" manded by his Majefty, to demand in his nam^
":fuch places and fortreffes as are in poffeffion of
f the Dutch Under my government ; which, as it
?' appears by/my commiffion before-mentioned, was
" given me ' by my Lords, the High and Mighty
" States General. And there is lefs ground in the
<' exprefs demand of my government, fince all the
fc world knows, that about three years.agone, fome
*' Englifh frigates being pn the coaft of Africa,
" upon a pretended commiffion, they did demand
?' certain places under the government of our faid
" Lords, the States General, as Cape Vert, River
" of Gatfibo., and ajl other places in Guynytothem
?' belonging. Upon which, our faid Lords, the
'? States General, by virtue of the articles of peace,
*' haying made appear the faid attempt to his Ma-
f' jefty of England, they received a favourable an'
" fwer, his fajd Majefty difallbwing all fuch acts

N -e w .•* y ¦ 0 R K, *s
fi of hoftility, as might have been done, and bar
* ¦ fides, gave order, that reftitution fhould be made
" to the Eaft-India company, of whatfoever had
" been pillaged, in the faid River of Gambo .-, and
" ljkewife reftored them fo their trade, which makes
" us think it neceffary, that a more exprefs order
" fhould appear unto us, as a fufficient warrant for
" us, towards my Lord;s, the High and Mighty
¦^ States General, fince by virtue of our faid c'pm-
" lniiiion, we do, in thefe provinces., reprefent them,
'' as belonging to them, and tnot to the King of
" Great Britain, except his faid Majefty, upon bet-
.." ter grounds, make it appear to our faid Lords,
" the States General, againft which they may defend
" themfelves as they fhall think fit. To conclude :
" we cannot but declare unto you, though the go-
" vernors and commffioners of his Majefty have
*' 4iver§ times quarrelled, with us, about the bounds
*' of thejurifdi&ion of the High and Mighty the
f States general, in thefe parts, yet they never
*¦' queftioned their jurifdiction itfelf -, on the con-
" trary, in the year 1650, at Hartford, and the
f ' laft year at Bofton, they treated with us .upon this
¦" fubject, which is a "fufficient proof, that his Ma-
" jelly bath never been well informed of the
*l equity of our caufe, infomuch as we cannot ima-
M gine, in regard of the articles of peace, between
?' the Crown of England and the States General,
w (under whom there are fo many fubjects in Amc4
*' rica, as well as Europe) that his faid Majefty of"
*' Great Britain would give a commiffipn to moleft
*' and endamage the fubjects of my faid Lords, the
" States General, efpecially fuch, as ever fince fifty,
" forty, and the lateft thirty-fix years have quietly
** enjoyed their lands, countries, forts, and inheri-
" tances ; and lefs, that his fubjects Would attempt
** any acts of hoftility or violence againft them :
<? and in eafe tfyat you will act by force of arms,
C 4 "we

*! T H E H I S T O R Y O F
f< we proteft and declare, in the name of our faid
*" Lords, the States General, before God and men
," that you will act an unjuft violence, and a breach
" of the articles of peace, fo'fqlemnly'fworn; agreed
•f* upon, and ratified by his Majefty of England,
*' and my Lbrds, the States General, and the rather
" for that to prevent the fhedding of blood, in the
?* month of February laft, we' treated with Captain
r* John Scott, (who reported he had a commiffion
*c from his faid Majefty) touching the limits of
" Long Ifland, and concluded for the fpace of a
¦l year ; that in the mean time, the bufihefs might
" be treated on between the King of Great Britain,
" and my Lords, the High arid Mighty "States Ge-
" neral : and again, at prefent, for the hihderance
'-.i- and prevention of all differences, and the fpilling
>' of innocent blood, not only in thefe parts, but
*' alfo in Europe, We offer unto you, a treaty by
f'-our deputies, Mr. Cornelius .Van Ruyven, Se-
" cretary and receiver of NeW-Holland, Cornelius
*' Steenwieh, b'urgomafter, Mr. Samuel Megapolen-
" fis doctor of phyfic, and Mr. James Coufieau,
" heretofore fheriff. As touching the threats in your
f conclufidn We have nothing to anfwer,' only that
•" we fear nothing, but what God, (who is as juft
" as merciful) fhall lay upon us j all things being
f' in his gracious difpofal, and We may as well b'e
>' preferved by him, with fmall forces, as by a
** great army, • which makes us to wifli you all
*' happinefs and profperity,' and recommend you
"to his protection,' My lords, your thrice
¦" humble, 'and affectionate fervant and friend,
" figned P. Stuyvefant.— --=-At the Fort at Am'-"
" fterdam; the fecond of September,* New Stile,
« 1664."
While the Dutch Governor and council were con-
fending with the burgomafters and people in the city,
'' the 1 %

>

N E W"- YORK.
$ie Englifh commiffioners publifhed a proclama
tion* in the country, encouraging the inhabitants to
fubmit, and promifing them the King's protection^
and all the privileges, of fubjects ; and as, foon as
they difcovered by Stuyvefant's letter, that he was
averfe to ftjrrender, officers were fent to beat up for
voluntiers in Middleborough, Uliffen, Jamaica, and
Hempfted. A warrant was alfo iffued to Hugh
Hide, who commanded the fquadron, to profecute
the reduction of the fort; luid an Englifh fhip then
trading here, was preffed into the fervice. Thefe
preparations ' induced Stuveyfant to write another
letter, on the 25th of Auguft, old ftyle, wherein,
though he declares that he would ftand the ftorm,
yet to prevent the fpilling of blood, he had fent
John de . Decker, counfellor of ftate, Cornelius
'Van Riven, fecretary and receiver, Cornelius Steen-
wych major, and James Couffeau fheriff, to confult,
if poffible, an accommodation. Nicolls, who knew
the difpofition of the people, anfwered immediately
from Gravefend, that he would treat about nothing
but a furrender. The Dutch governor, the next
* It vyasin thefe words : " Forafmuch as hisMnjefty hath
44 fent us (by commiffion under his great feal of England)
" arnongft other things, to expell, or to reduce to his Ma-
" jefty's obedience, all fuch foreigners, as without his Maje-
14 fty's leave and confent, have feated themfelves amongft
" any- of" his dominions in America, to the prejudice of his
" Majefty's fubjefts, and diminution of his royal dignity; we
*? his faid IVfajefty's comrniffioners do declare and pfomife, that
" whpfoever, of what nation foever, will, upon knowledge of
44 fhis proclamation, acknowledge and teftify themfelves, to
" fubmit to this his Majefty's government, as his good fubjects,
" fhall be protected in his Majefty's. laws and juftice, and
44 peaceably enjoy whatfoever God's bleffing, and -their own
*' honeft induftry, have furnifhed them with ; and all other
44 privileges with his Majefty's Englifli fubjefts. We have
44 caufed this to: be publifhed, that vye might prevent all in-
4' conveniences to others, if it were poffible; however, to
44 clear ourfelves from the charge of all thofe miferies, that
*' may any way befall fuch as live here, and will acknowledge
** his Majefty for their fovereign, whom God preferve."
, ¦' day,

3$ THE HISTORY OF
day, agreed to a treaty and furtender, on -eqndi$iqn,
the Englifh and Dutch limits in America, were
fettled by the crown and the States General. The
Englifh deputies were Sir Robert Carr, George Car
teret, John Winthrop, Governor of Connecticut,
Samuel Wyllys, one of the affvftants or council pf
that colony, and Thomas Clarke, and John Pyn-
chon, comnfifloners from the general court of the
Maffachufet's Bay, who, but a little, before, brought
an aid from that province. What thefe perfons
¦agreed upon, JNicoUs promifed to ratify. At eight.
o'clock in the morning, of the 27th of Auguft,
1.664, the cpmmiffioners on. both fides, rnet at th^e
Governor's -farm., and there figned the following ar
ticles of capitulation.
jMH« of ca. " Thefe articles following, were confented to by
piiuiation. <* ^g, .prions here- under fubfcribed, at the
*' Governor's Bowery, Auguft the 27th, old
" ftyle, 1664.
I. " We content, that the States General, or
" the Weft-India company, fhall freely enjoy aU
" farm? and houfes (except fuch as are in the forts)
44 and.' that wkhjn fix rnqpths, they fhall have free
.^liberty to tranfport all, fuch arms and ammuni-
sc tion, as now does belong to them, or elfe they "
*' fhall be paid for them
II. " All public houfes fhall continue for the
.*.' ufes which they are for.
III. " All people fhall ftill continue free denlr
" zens, and fhall enjoy their, lands, houfes, goods,
45 wherefoever they are within this country, and
" difpofe of them as they pleafe.
IV. -#f If any inhabitant have a mind to remove
" him-felf, he fhall have a year' and fix weeks from
" this day, to remove himfelf, wife, children, ' fer-
• ' vants> goods, and to difpofe of his lands here. '
V. « If any officer of ftate, or public minifter of
" ftate, have a mind to go f qr England, they fhall
"be

N E W - Y O R K.
?' be tranfported freight free,4n his Majefty's fri-
" gates, when thefe frigates fhall return thither.
VI. " It is confented to, that any people may
" freely come from the Netherlands, and plant in
* this colony, and that Dutch veffels may freely
" come hither, and any of the Dutch may freely
** return home, or fend any fort of merchandize
?' home, in veffels of their own country.
VII. 4' All fhips from the Netherlands, or any
*c other place, and goods therein, fhall be received
" here, and fent 'hence, after, the manner which
** formerly they were, before our comin? hkher, for
f fix months next enfuing.
VIII. " The Dutch here fhall enjoy the liberty
*' of their confidences 'in divine worfhip and church
*' difcipline,
IX. ?< No Dutchman here, or Dutch fhip here,
*' fhall upon any occafion, be preffed to ferve in
" war againft any nation whatfoever.
X. " That the townfmen of the Manhattans,
*' fhall not have any foldiers quartered upon them,
*' without being fatisfied and paid for them by their
*' officers, and that at this prefent, if the fort be
*¦' not capable of lodging all the foldiers, then the
f1 burgomafters, by their officers, fhall appoint fome
¦** houfes capable to receive them.
XL " The Dutch here fhall enjoy their own
*' cuftoms concerning their inheritances.
XII. " All public writings and records, which
*4 concern the inheritances of any people, or
f the reglement of the church or poor, or or-
** phans, fhall be carefully kept by thofe in whole
f4 hands now they are, and fuch writings as parti-
" cularly concern the States General, may at any
*' time be fent to them.
XIII, " No judgment that has pafled anyjudi-
*' cature here, fhall be called in queflion, but if any
" conceive that he hath not had juftice done him,
*4 if he apply himfelf to the States General, the
; 2 '' other

*8 TH'E HISTORY OF
" other party fhall be bound to anfwer the fup«
44 pofed injury.
XIV. " If any Dutch, liyipg here, fhall at any
" time defire to travail or traffic into England, op
44 any place, or plantation, in obedience to his IVIa-
*' jefty of England, or with the Indians, he fhall
*' have (upon his requeft to the governor), a certi*
f fixate that he is a free denizen of this place, and
.*' liberty to do fq.
XV. 4? |f it do appear, that there is, a public en-
" gagement of debt, by the town of the Manhattoesi
" and a way agreed on for the fatisfying of that
" engagement, it is agreed, that the fame way
" propofed fhall go on, and that the engagement
" fhall be fatisfied.
XVI. ": All inferior civil officers and magiflrates
" Ihall continue as now they are, (if they pleafe)
" till the cuftomary time of new elections, and
" fhert new ones to be chofen by themfelves, pro-
" yided that fuch new chofen magiftrates fhall take
44 the oath of allegiance to his Majefty of England,
" before they enter upon their office.
XVII. '' AU differences of contracts an4 barr
<" gains made before this day, by any in this coun-
44 try, fhall be determined, according tq the man-
44 ner qf the Dutch.
XVIIL ." If it do appear, that the Weft-Irldia
" company of Amfterdam, do really owe" any fums
" of money to any perfons here, it is "agreed that
" recognition, and other duties payable by fhips
" going for the Netherlands, be continued for fix
44 months longer.
XIX. 44 The officers military and foldiers, fhall
" march out with their arms/drums beating, and
44 colours flying, and lighted matches ;.and if any
" of them will plant, they fhall have fifty 'apres
" of land fet out for them ; if any of them" will
44 ferve as fervants, they fhall continue ivith all
4' fafety, and become free denizens afterwards. '
XX. « If

N E W - Y O R K.
XX. " If at any, time hereafter, the King of
" Great Britain and the States of the Netherlands
" do agree that this place and country be re-deli-
" vered into the hands of the faid States* whenfo-
" ever his Majefty will fend his commands to re-
•' deliver it, it fhall immediately be done.
XXI. " That the town of Manhattans fhall
" chufe deputies^ and thofe deputies fhall have free
" voices in all public 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 fortifications there, and then
44 enjoy all their houfes, as all people do 'where
44 there is no fort.
XXI.II. " If there be any foldiers that will go
" irito Holland, and if the company of Weft-India
" in Arnfterdam, or any private perfons here, will
" tranfport them into Holland, then they fhall have
" a fafepaffportfrom Colonel Richard Nicolls, de-r
" puty .governor under his Royal Highnefs and. the
44 other commiffioners, to defend the fhips that fhall
" tranfport fuch foldiers, and all the goods in them,
" from any fitrprizal or acts of hoftility, to be done
u by any of his Majefty's fhips or fubjects. That
u the copies of the King's grant to his Koyal
" Highnefs, and the copy of his Royal High-
" nefs's commiffion to Colonel Richard Nicolls,
;' teftified by two commiffioners more, and Mr.
:' Wintrop, to be true copies, fhall be delivered to
the honourable Mr. Stuyvefant, the prefent go-
44 verhor, on Monday next, by eight of the clock
44 in the morning, at the Old Miln, and thefe arti-
" cles confentedto, and figned by Colonel Richard
" Nicolls, deputy-governor to his Royal Highnefs,
«4 and that within two hours after the fort and town
«4 called New-Amfterdam, upon the ifle of Man-
s.i hatoes, fhall be delivered into the hands of the
4 faid Colonel Richard Nicolls, by the fervice of
" fuch

«9

u

•|o

T ti E ft I S T OR Y OF
u fuch as fhall be by him thereunto deputed, by his;
*' hand arid feal.
" John D6 Decker,
44 Nich. Verleett,
44, Samuel Megapolenfis,
'« Cornelias Steenwick,
44 Oloffe Stevens Van Kortlant,
44 James Coufieatij
44 Robert Carr,
44 George Carteret,
44 John Winthrop^
*' Samuel Willys,
44 Thomas Clarke,
44 JohnPinchori.
44 I do confent to thefe articles,'
" Richard Nicolls. .
Thefe articles, favourable as they were to the'
inhabitants, Were however very difagreeable to"
the Dutch Governor, and he therefore refufebV to
ratify them till two days after they were figned by
the commiffiofiefs.
The town of New-Amfterdam, upon the reduc
tion of the ifland Manhattans,- took the name of
New- York. It confuted of feveral frhall ftreets^
laid out in the year 1656, and was not inconfidefa-
ble for the number of its homes and inhabitants.
The eafy terms of the capitulation, promifed their
peaceable fubjection to the new government •, and
lience we find, that in two days after the fttrrender,
the Bofton aid was difmiffed, With the thanks of the
tommiffioners to the general court; Hudfon's and
the South River were, however, ftill to be reduced*
Sir Robert Carr commanded the expedition on De
laware, ahd Carteret was Commiffioned to fubdue
the Dutch at Fort Orange. The garrifon capitu
lated on the 24th of September, and he called it
Albany, in honour of the Duke. While Carteret;
was here; he had an interview with the Indians of.
the

N E W - Y .O R K. 3i
the Five Nationsj and entered into a league of
friendfhip with them, which remarkably continues
this day.* Sir Robert Carr was equally fuccefsful
on South River, for he compelled both theDdteh
and the Swedes to capitulate and deliver up their
garrifons the firft of October, 1664-, and that was The Engi;/h be-
the day in which the whok NeW-Netherland be-^™?™!
came fubject. to the Englifli crown. Very few of "y>Q&. 1, 1664,
the inhabitants thought proper to remove out of
' the country; .Governor Stuyvefant himfelf held
his eftate and died here/ His remains were interred
in i. chapel which he had erected On his own farm*
a*t a frh all diftance frorri the city, now poffeffed by
his grandfoh Gerardus Sfiuyvefant, a man of probity,
who has been elected into the magiftracy above thirty
years fucceffively. Juftiee obliges me to declare*
that for loyalty to the preterit reigning family, and a
pure attachment to the Pfoteftant religion, the de*
ffcendanti of the Dutch planters are perhaps exceed
ed by none of his Majefty's fubjects.
* The Dutch were fCnfible of the importance of preTerving
a*n Uninterrupted amity with thofe Indians, for they were both
¦very numerous and warlike. The French purfued quite difr
ferent meafures, and the irruptions of thofe tribes, according
to their own authors, have often" reduced Canada to the brink
feffarnj -v

THE

THE HISTORY 0°F
N E W - Y G R KL

PART II.
Prom the Surrender in 1664,10 the Settlement at tU
Revolution.
^ttS O Ichard Nicolls being now poffeffed of the coun~
lift governor, in f\_ try, took the government upon him, under
*664' the ftile of " deputy-governor under his Royal
44 Highnefs the Duke of York, -of all his territo-
44 ries in America." During his fhort continuance
here, he paffed a vaft number of grants and con
firmations of . the, ancient Dutch patents, the pro
fits of .which ,nvuft have been very confiderable:
Among thefe, no one has Occafioned more animated
contention, than, that1 called the Elizabeth Towrt,
Grant in New Jerfey •, which, as- it relates to ano
ther colony, I fhould not have mentioned, but for
the opportunity to caution the reader againft the
representation of that controverfy contained in'
Douglafs's fummary. I have fufficient feafOns to
juftify my charging that account with partiality
and miftakes •, and for proofs, refer to the pointed
anfwer in chancery, publifhed in the year 1751.
Befides the chief command of this province^
Nicolls had a joint power * with Sir Robert Carr4
* The commiffion from King Charles II. was dated the
26th of April* 1664. After a recital of difpuf.es concerning
limits in New England, and that addreffes had been fent homft
from the Indian natives, complaining of abufes received from
the Englifli fubjefts ; the commiffioners, or any three or two
of them, of which Nicolls was to be one, were authorifed to
vifit the "New England colonies, and determine all complaint^
, military, civil, and criminal, according to their difcretion, arid
fuch iriftruAions as they might receive from the crown. Garteretj,

n e vr ^y 6 r k. 55
Carteret arid Maverick to fettle the contefted boun
daries of certain great patents. Hence we find, that
three of them Had a conference with feveral gentle
men fromlC'ohhectiCut' refpe6li,ng the limits of this
and that colony i The refult was ah abjudication}
in thefe words:
" By virtue of his Majefty's commiffion, we Settlement of
" have heafd the' difference, about the. bounds' 0f !hebTda3be."
, . i, .,•.., , •' t-; i -Ti , _ tweenNewYork
the patents granted to his Royal Highnefs the andCanneaicut,
" Duke of York, and his Majefty's coldny of Con- VtQ' *' ,664,
" necticut, and having deliberately cbrifidered all
" the reafons alledged by Mr. Alfyn, fen. Mr. Gold,
*' Mr, Richards, and Captain Winthrop; appoint-
" ed by the afiemblyjheld at Hartford the 13th of
" October, 1664- to accompany John Winthrop;
*' Efq. the governor of his Majefty's colony of
" Connecticutj to New York, and to agree upori
44 the bounds df the faid coldny, why the faid
,*' Long Ifland fhoiild be under the government of
" Connecticut, which are too ldng Here to be re-
44 cited, we do declare and order; that the foutherri
44 bounds of his Majefty's cdldnyof Connecticut,;
" is the fea^ and that Lorig Iflahd is to be under
" the government of his Royal HighHefs the Duke \
44 of York, as is expreffed by plain words; iri the
" faid patents, refpectively, arid alfo by virtue of
^' his Majefty's commiffion j arid the conferit of both
" the governors and the gentlemen above-named.
*' We alfo order and declare^ that the creek or river
** called Mamarbnecki Which is reputed to be
" about thirteen miles to the eaft of Weft-Chefter,
44 arid a line drawn from the eaft point or fide^
4t where the frefh water falls into the ialtj at high
" water, mark, northrnorth-weft to the line of the!
*' Maffachufets, be the weftern bounds of the faid
" colony of Connecticut; arid all jjlantatioris lying
" weftward of that creek and line fo drawn, to be
" under his Royal Highnefs's government % and
" all plantations lying eaftward of that creek and
r D " linej

\j} T H E H I ST O R Y .O F
*V fine,_.to be under the government of Connecticut.
44 Given under our hands, at James's Fort in New
44 York, on, the; ifland of Manhattan, this firft day
" of December, 1664. ' f,J
" Richard' Nicolls, ;
" George Carteret,
" S. Mavericke."
 « We the governor, and commiffioners of the
" "general affembly of Connecticut, do'g'ive our
44 content to ' the^' lirhits , and bounds above-rnen-
44 tioned, as witnefs our hands, ' „' '
44 — i— Gold, -
44 John WinthrOp,jun.
, " John Winthrop, -
44 Allen, fen.
; ' ' . " Richards."
..At the time of this determination, about two
thirds of Long, Ifland were poffeffed; by people
from New England, who had gradually encroached
upon the Dutch. As to the fettlement between
New York and Connecticut on the main,' it h*as al
ways been confidered by the former, as founded up
on ignorance and fraud.* The flatiori at Mamarb-
neck was about thirty miles from New York,-- from
Albany one hundred and fifty. The general coiirfe
.of the river is about north twelve or fifteen degrees
eaft: and hence it is evident, that a north-north-
weft line will foon 'iriterfect the river, and confe-
que»tly leave, the Dutch country, but a little before
Jurrendered to Colonel Carteret, out of ,the pro
vince cf New York. It has been generally efteemed
.that the Connecticut "commiffioners in , this affair,
..took advantage of the Duke's' agents, who were
ignorant of the geography of the country.
; * The town of Rye was fettled under ^CohnecT-icut, and the
grant from that colony is bounded by this.line of diyifion. J
' About

N~ £ W - Y 6 R. K. &
About the clofe of the year, the eftate of th'eThefirftiHutch
ixr n. r i* r ¦ i nr war, in 1064*
Welt- India' company' was fer?ed and corififcated,
hoftilities being actually commenced in Europe a*
well, as America, though no declarations of War
had yet been publifhed by either of the contending
parties. A great difpute between 'the inhabitants /
of Jamaica on Long Ifland, which was' adjufted by
Colonel Nicolls, on the fecbnd of January, 1665,
gave-rife to a fal.ut.iry inftitution, which has in part
obtained ever -fince. . The coritroverfy' reflected
Indian deeds, and thenceforth it was ordained, that-
rio purehafe from the Indians, without the gover
nor's' licence executedtin his prelence, fhou'ld bef
valid. '"'THef,ftrength 'and numbers of the natives
rendered it neceffary to purchafe their rights ; and
to prevent. their frequent felling the fame tract,' 'tt
was expedient, that the bargain fhould be attended
with fome confiderable folemnity.
Another inftance of Colonel Nicolls S prudence,
was his gradual introduction of 'the' Englifh- me
thods of government. It was not till the twelfth
of June, this year, that he incorporated the inhabi
tants of Ne\v* York, under the care of a may'ory
five aldermen and a ; fheriff. Till this time, the
city was ruled by "a fcdut, burgomafters, and
fchepens. In March preceding, there was a great conven-
tidn, before the governor at Hempftead of two de
puties from every towh on Long Ifland, empo
wered to bind their conftituents. The defign of
their meeting was to* adjuft the limits of their town-
fhips for the preferVatiort of the public peace"
The war being proclaimed at London "On the
fourth of this month, Nicolls received the account
of it in June, with a letter from the Lord Chancel
lor, informing him, that De Ruyter, the Dutch ad
miral,, had orders to vifit New York. ' His Lord-
fhip was mifinformed, or the Admiral was diverted
D 2 from

-£ THE HISTORY OF
from the enterprife, for the Englifh peaceably held
poffeffion of the country during the whole war;
which was concluded on the twenty-firft of July,
1667, by the treaty of Breda. Some are of opi
nion, that the exchange made with the Dutch for
Surinam, which they had takeri from us was ad
vantageous to the nation j but thefe judges do not
confider, that it would have been impoffible for
the Dutch to have preferved this colony againft the
Increafing ftrength of the people in New England,;
Maryland arid Virginia.
After an adminiftratidri of three years* Nicolls
returned to Englahd. The time during his fhort
refidence here* was almoft wholly taken up in con
firming the antient Duteh grants. ; He erected no
courts of juftiCej but took upon himfelf the fole
decifiqn of all controverfies whatfoever. Com
plaints came before him by petition ; upon which
he gave a day to the parties, -and after a fummary
hearing, pfonounced judgment. His determina
tions were called edicts, and executed by the fheriffS
he had appointed. It is much to his honour, that
notwithftandirig all this plenitude of power, he
governed the province with integrity and modera
tion. A reprefentation from the inhabitants of
Long Ifland to the general court of Connecticut;
made about the time of the Revolution; commends
him as a man of aneafy and benevolent difpofition 3
and this teftimonial is the mote to be relied upon,,
becaufe the defign of the writers, was by a detail
of their grievances, to induce the coloriy of Con
necticut to take them under its immediate pro
tection.
boi. LoveUee Francis Lovelace, a colonelj was appointed by
eov^Vin^6 Dpk^» io fucceed Nicolls in the government of
May, 1667.' the provittcej which he began to exercife in May,
1667. As he was a man of great moderation, the
people lived very peaceably under him, till the re-
furrender

N E W - Y O R £. |7_
furrender of the colony, which put an end to his
power, and is the only event that fignalized his ad
min i fixation.
The ambitious defign? of Louis XIV. againft The fecond .
the Dutch, gave fife tb our war with the States^". war' w
General in 1672. Charles II. a prince funk in
pleafures, profligate anc| poor, was eafily ^detached
from his alliance with the Dutch, by the intrigues
and pecuniary promifes of the French King. The
following paffage from a fine writer,^ fhews that
his pretences for entering into the war, were ground-
lefs and trifling.

*to"

" The King of England, pn his fide, reproached
" them with difrepect, in not directing their fleet
" to lower the flag before an Englifh fhip ; and
'' they were alfo accu/ed in regard to a certain pic-
" ture, wherein Cornelius de Witt, brother fo the
" penfionary, was painted with the attributes of a
*f conqueror. Ships were reprefented in the back
" grou'nd of the piece, either taken or burnt. Cor-
f ' nelius de Witt, who had really had a great fhare
" in the maritime exploits againft England, haoj
?' permitted this trifling memorial of his glory :': but
V the picture, which was in a manner unknown,
4' was depofited in a chamber wherein fcarce any
¦'J body ever entered. The Englifh minifters whq
,{ prefented the complaints of their King againft
ff Holland, in writing, therein mentioned certain
" abufive pictures. The States, who always tran-
f flated the memorials of ambaffadors into French,
44 having rendered abufive, by the words fautift
f' (rpmpeurs, they replied, they did not know what
" thefe roguijh pttures (ces tableaux trompeurs)
" were. In reality, it never in the leaft entered
?* into their thoughts, that it concerned this por-
? Voltaire's age of }Louis % IV.
D 3 " trait

39 T HE HIST O R Y O F
44 traifc of one of their citizens, nor" did they ever
44 conceive this could be a pretence for declaring
44 war." ...
'. ¦ ' -'vf.<
The Dutch re- A few Dutch fhips arrived the year after on the
country, jX thirtiethof July, under Staten Ifland, at thediflanee
j673. ' of a few miles from the city of New York. John
.Manning, a captain of an independent company,
had at that time the command of the fort, and by
a meffenger fent down to the fquadron, treache-
irou fly made . his peace with the enemy. On that
very day the Dutch fhips came up, moored under
the fort, landed their men, and entered the garrifon,
without giving or receiving a fhot. A council of
war was afterwards held at the Stadt-Houfe, at
which were prefent ;
Cornelius Evertfe,- iun. 1 „ ,
Jacob Benkes, j Commodores,
Anthony Colve, V
..,.¦. .Nicholas Boes,,: ^Captains.
» Abraham Ferd. Van Zyll,j •
All the magiflrates and conftables from Eaft
-Jerfey, Long Ifland, Efopus, and Albany, were
immediately fummoned to New York; and the
major part of them fwore allegiance to the States
General,- and : the Prince of Orange, Colonel
Lovelace. was ordered to depart the province, but
afterwards obtained leave to return to England with
'¦Commodore Benkes. It has often been infilled on,
that this conqueft did not extend to the whole pro
vince of New Jerfey • but upon what foundation
I cannot difcover. From the Dutch records, it
appears, that deputies were fent by the people 'in
habiting the country, even fo' far weftward as De
laware River, who in the name of their principals,
made. a declaration of thejr fubmiffion •, in return
for wh.ch, certain privileges were granted to them,
and three judicatories erected at'. Niewer, Amftel,
Ppland,

N E W - Y O R K. }%
Upland, and Hoer Kill. Colve's commiffion to be
governor of this country is worth printing, becaufe
it fhews the extent : of the Dutch claims. - The
tranflation runs thus :
" The honourable and awful council of war, The D,utch Ga"
" for their High Mightineffes the States General miffioo! "m
" of the united Netherlands, and his Serene High-
4: nefs the Prince of Orange, over a. fquadron of
" fhips, now at anchor in Hudfon's River in: New
44 Netherlands, To all thofe who fhall fee or hear
44 thefe, greeting.' As it is rieceffary to appoint
" a fit and able perfon, to carry the chief command <
" over this conqueft of New Netherlands, with
44 all its appendencies and dependencies from Cape
44 Hinlopenon the fouth fide of the fbuth or De-
44 laware Bay, and fifteen miles more foutherly,
" widi the faid Bay and South River included •, fo
" as they were formerly poffeffed by the directors
44 of the city of Amfterdam, and after by the
44 Englifh government, in the name and right of
4' the Duke of York ; and further from the faid
44 Cape of Hinlopen, along the Great Ocean, to
" the eaft end of Long Ifland, and.Shelter Ifland ;
44 from thence weft ward to the middle of the Sound,
" to a town called Greenwich, on the ' main, and
44 to run landward in, northerly ; provided that
44 fuch line fhall not come within ten miles of
44 North River, conformable to a provincial treaty
44 made in 1650, and ratified by the States Gene-
44 ral, February 22, 1656, and January 23, 1664,
" With all lands, iflands-, rivers, lakes, kills, creeks,
44 frefh and fait' waters, fprtreffes, cities, towns,
44 and plantations therein comprehended. So it is,
44 that we being fuffieiently affured of the capacity
44 of Anthony Colve, captain of a company of foot,
44 in the fervice of their High Mightineffes, the
4t. States General of the United Netherlands, and
44 his Serene Highnefs the Prince of Orange, &c. ' -
D 4 "By

fl» T HE HISTORY QF
*4 By virtue of our commiffion, granted us by their"
«4 before-mentioned High Mightineffes and his
44 -Highnefs, have appointed and qualified, as we
«' do by' thefe prefents appoint arid qualify, the
<4 faid Captain Anthony Colvej to govern and rule
*« thefe lahds, with $he appendenc^s and depen-'
«4 dencies thereof, as governor general ; to pro-
«' te& them from all invafions of enemies, as he
«4 fhaU judge tnoft neceffary ; hereby charging all
l< high and low officers, jnftices, and magiflrates,
4< and pthers in authority, foldiers, burghers, and
«' all the inhabitant^ of this land, to acknowledge,
?* honour, fefpect, and obey the faid Anthony
f4 Colve,- as governor general ; for fuch we judge
44 neceffary for the fervice of the country, waiting
f4 the approbation of our principals. Thus done!
«' at Fort-Wiiliam-Henderick, the twelfth day of
V Auguft, 1673.
•f Signed by 4C Jacob Benkes.'!
<£ Cornelius Evertfe, jun,
Treaty of peace' The Dutch governor enjoyed his office but a
^S;'ndyery fhort feafon, for on the 9th' of February, 16 74^
Feb. 9, j 674. jphe treaty of peace between England and the States1
General was figned at Weftminfter ; the fixth ar
ticle of which, reftored this country to the Englifh,
The terms of it were generally, "That whatfoever*
a countries, iflands, towns, ports, caftles, or forts,
" have or fhall be taken on both fides, fince the
44 time that the late unhappy war broke out, eithec
44 in Europe or el fe where, fhall be reftored to their
44 former lprd and proprietor, in the fame condition
*' they fhall be in, when the peace itfelf fhall be
" proclaimed; after which time, there fhall benq
" fpoil nor plunder of the inhabitants, no demoli-
44 tion of fortifications, nor carrying ay/ay of guns,
" powder or other military ftbres, which belonged
" to any' caftle or fort, at the "time when it was
" taken." ' ' ' ' I '> 2 "' ' " "
The

N E W . Y 0 R K. y
The lenity which began the adminiftration of
Colonel Nicolls was continued under Lovelace.
He appears to have been a man, rather of a phleg
matic than an-enterprifing difpofition, always pur-
fuing the common road, and fcarce ever acting
without the aid of his council. Inftead of taking
upon himfelf the fole determination of judicial con-
troverfies, after the example of his predeceffor, he
called to his, affiftance a few juftices of the peace.
This, which was called the Court of Affizes,* was
the principal law judicatory in thofe times. The
legislative power under the Duke, was veiled entire
ly in the governor and council. A third eftate
might then be eafily difpenfed with, for the charge
of the province was -f- fmajl, and in a great mea-,
fure defrayed by his Royal Highnefs? the proprie
tor of the country.
Upon conclufipn of the peace in 1674, the Duke TheKing makes
of York, to remove all controverfy respecting his "h"ep"nvs"cne' °„
property, obtained a new patent J from the King, the d. of York,
dated •"•l"nf' l 74"
V This was a court both of law and) equity, for the trial of
caufes of 20I. arid upwards, and ordinarily fat but once a year.
Subordinate to this, were the. towri courts and fefliqns ; the_
former took cognizance of actions under 5I. and the latter, of
. fuits between that fum and twenty pounds, feven conftables and
overfeers were judges in the firft, and in the laft the juftices of
the peace, with a jury of feven men. The verdict of the ma
jority was fufficient.
+ The mariner of railing public money, was eftablifhed by
Colonel Nicolls on the firft of June," 1665, and was thus.
The high fheriff iifued a warrant annually, to the high confta
bles of every diftridt, and they fent theirs to the petty confta
bles ; who with' the overfeers of each town, made a lift of
all male perfons above fixteen years of age, with an eftim.ite
of their rent and perfonal eftates, and then taxed them accord
ing to certain rates, .prefcribed by a law. After the afl'effment
was returned to the high fheriff, and approved by the governor,
the conftables received warrants for levying the taxes by dil-
trefs and fale. .
j Some are of opinion that the fecqnd patent was unnece!-
farv, the Duke being revetted per poll liminium. This matter

THE HISTORY OF
dated the twenty^ninfh of June, for the lands grant,
sirEdmondAn-ed in 1664, and two days after commiffioned major
droftbappoint , d si Edmond Androfs to be governor ot
ed£0Vern°r0flt,his terntories in America. After the reflation
The Dutch fur- Q£ this province, Which was made to him by the
£." " UP " Dutch poffeffors, on the thirty-firft of ..Odtober fol
lowing, he called a court martial, to try Manning
for his treacherous and cowardly furrender. ; The
articles of accufation exhibited againft him,' were
in fubltance :
Articles H^a I. That the faid Manning, on the twenty-eighth '
caPt. Manning Q£ jui 1 673, having notice of the approach of
.fhrerbS'yStf"-the enemy's fleet, did not endeavour to put the
rendered the „arrifori jn a pofture of defence, but on the con
gee to the B a]ghted%ch as offered their affiftance.
II.. That while the fleet was at anchor under
Staten Ifland, on the thirtieth of July, he treache-
roufly fent on board to treat with the enemy, to the.
great difcouragement of the garrifon.
° III. That he fuffered the fleet to moor under
the fort, forbidding a gun to be fired ¦ on pain .of
deatfi. .
IV. That he permitted the enemy to land with,
out the leaft oppofition.
V. That fhortly after he had lent perfons to
treat with the Dutch commodores, he ftruck his
flag, even before the enemy were in fight of the
garrifon, the fort being in a condition, and the men
defirous to fight.
VI. And laftly, that he treacheroufly caufed the
fort gates to be opened, and cowardly and bafely
has been often difputed in the ejectments between the New
Jerfey proprietors and the Elizabeth town patentees. In New
York the right of poftl'uniny was difregarded, and perhaps unr
known ; for there are many inftances, efpecially on Long Ifland,
of new grants from Sir Edmund Androfs, for lands patented
'under Nicolls and Lovelace, by which the quit-rents have been
artfully enlarged. let

N E W - Y O R K.
let in the enemy, yielding the garrifon without ar
ticles.

43

This fcandalous charge, which Manning on his
trial confeffed to be true, is lefs furprifing, than the
lenity of the fentence pronounced againft him. It
was this, that though he deferved death, yet be- Sentence of tie,
caufe he had fince the furrender, been in England, ™£%£r*
and feen the King and the Duke, it was adjudged
that his fword mould be broke over his head in
publick, before the city hall, and himfelf rendered
incapable of wearing a fword, and of ferving his
Majefty for the future, in any public truft in the
government. ^ This light cenfure, is however no proof that Sir charter of sir
Edmond was a man of a merciful difpofition ; the ?d™ai An"
hiftorians of New England, where he was after
wards governor, juftly tranfmit him to pofterity,
under the odious character of a fycophantic tool to
the Duke, and an arbitrary tyrant over the people
committed to his care. He knew no law, but the
Will of his mafter, and Kirk and Jefferies were not
fitter inftruments than he to execute the defpotic
projects of James II,
In the year 1675, Nicholas Renflaer, a Dutch
clergyman, arrived here. He claimed the manor
of Henflaerwick, and was recommended by the
Duke to Sir Edmond Androfs for a living . in one
of the churches at New York, or Albany, proba
bly to ferve the popifh caufe,* Niewenhyt, mi
nifter
* Aaother reafon is affigned for the favour he met with from
the crown. It is faid, that while Charles II. was an exile, he
predifred the day of his reftoration. The people of Albany
had a high opinion of his prophetic fpirit, and many ftrange
tales about him ftiU prevail there. The parfon made nothing
of his claim, the manor being afterwards granted, by Colonel
Dongan, to Killian Van Renflaer, a diftant relation. This ex-
enfive tract, by the Dutch galled a colony, is an oblong, ex
tending

44 THE HISTORY OF
A difpute con- nifter of the church at Albany, difputed his right tq
5iS? 5faS admjnifter the facraments, becaufe- he' had received
sanation. an epifcopal ordination, and was not approved by
the Qlafiis of Amfterdam, to which the ' Putch
churches here hold themfelves fubordinate. In this
controverfy the governor took the^ part of Renflaer,
and accordingly fummqned Niewenhyt before him.)
tq anfwer for his conduct. This minifter was
treated with fuch fingnlar contempt, and fo fre
quently harraffed, byfruitlefs and expenfive atten
dances before the council, that the difpute- became
jhterefting, and the greater part of the people re-
fented the ufage he met with. Hence we find,
that the njagiftrates of Albany, foon after impri
soned Renflaer, for feveral dubious words (as they
are called in the rec6rd) delivered in a fermon.
-*The governor, on the other hand, ordergd him to
be releafed, and fummoned the magiftrates to at
tend fiim at New York, warrants were then iffued
to compel them to give fecqrity in 5000I, each, to
make out gpod caufe for • confining the' minifter.
Leifler, who was one of them, refufed p comply
with the warrant, and was thrown into jail. Sir
Edmond, fearful that a great party, woujd rife up
againft him, was at laft compelled to difcontinue
his ecclefiaft'ical jurifdiction, and to refer the con
troverfy to the determination of the cqnfiftory of
the Dutch church at Albany. It is perhaps not
* jt does nptap- improbable, that thefe popifh * meafufes, fowed
meafuret *w the. feec)s of that averfion to the Duke's government
they might bewhich after produced thofe violent cbnvulfions in
rny'Senc^ to tr^e Pr°vince pndej- Leifler, at the time of the Re-*
tftabi:ih pofery.yolution, in favour pf the Prince of Orange.
If Sir Edmond AndrofsVadminiftratiqn at New
York, appears to be lefs exceptionable, than whilg
tending twenty-four miles upon Hudfon's River, and as many
on each fide. The patent of confirrnation was iffued by fpecial
direftion from the King, and is the moft liberal in theprivi'-
leges it grants of any one in the province. he

N E W - Y O R K. 4.
he commanded at BoAon* it was through want of
more opportunities to fhew himfelf in his true light.
The main courfe of his public proceedings, during
his continuance in the province, was fpent in the
Ordinary acts of gqvefnn>ent, which then principally
confifted in paffing grants to the fubject, and pre-
fiding in The Court of Assize, eftablifhed by
Colonel Lovelacei The public exigences were now
in part fupplied by a kind of behevolence ; the
badge of bad times ! This appears in an entry on
the records j of a letter of May 5, 1676, from
Governor Androfs^ to feveral towns on Long Ifland,'
defiring to know, what fums they would contri
bute towards the War. Near the clofe of his
adminiftration, he thought proper to quarrel with
Philip Carteret^ who in 1680, exercifed the go
vernment of Eaft Jerfey, under a commiffion
from Sir George Carteret, dated the thirty-firft of
July, 1675, Androfs difputed his right, and feized
and brought him prifpher to New York j for
which it is faid he loft his own government,
but whoever cohfiders that Sir Edmond was imme
diately prefered to be governor of Bofton, will ra
ther believe, that the Duke fuperceded him for fome
other reafons.
Before I proceed to the fucceeding adminiftra?-
fcion, in which our Indian affairs began to have a
powerful .influence upon the public meafufes, it may
not be improper to prefent the reader with a1 fum-
mary view of the hiftory and character of the Five
Nations.* Thefe, of ali thofe innumerable tribes' a» account or
of lavages, which inhabit the nothern part of Ame- J^X".^0"'
fica, are of moft importance to us and the French,
both on account of their vicinity and warlike dif-
jiofition, Before the late incorporation of the Tuf-
* By the Dutch called Maquaas, by the French Iroquois,
and by us, Five Nations, Six Nations, and lately the Confe
derates. They are greatly dirniniflied, and coniift now only
«f about twelve Jiunared fighting men. caroras.

46 THE HISTORY OF
caroras, a people driven by the inhabitants of Ca
rolina from the frontiers of Virginia, they confuted,
of five confederate Cantons. -f- What in particular
gave rife to this league, and when it took place,
are queftions which neither the natives, nor Eu
ropeans, pretend to anfwer: Each of thefe nations
is divided into three families,' or clans, of different
ranks, bearing for their arms, and being diftin-'
guifhed by the names of, the Tortoife, the Bear,
and the Wolf. J
No people in the world perhaps have higher no
tions than thefe Indians of military glory. All the
furrounding nations have felt the effects of their
prowefs ; and many not only became their tribu
taries, but were fo fubjugated to their power, that
without their content, they durft not commence
either peace Or war. ¦¦- '- :
Though a regular police for the prefervation of
harmony within, and the defence of the ftate againft
invafions from without," is not to be expected from
the people of whom I am nOw writing, yet per
haps, they have paid more attention to it thaffis
generally callowed. Their government is fuited- to
their- condition. A people whofe riches' confift "not
fo much in abundance, as in a freedom from want j*
Who arecircumfcribed by no boundaries, who live
by hunting, and not by. agriculture,- muft always
be free, and therefore fubject to no other authority,
than fuch as confifts with the liberty neceffarily arif-
ingfrom their circumflances. All their affairs,
whether reflecting peace or warfare under the di-
t The Tufcaroras were received' upon a fupoofition, that
they were originally of the fame ftock with the'FiverNationsl
becaufe there is fome. fimilitude between their languages.
t Their inftruments of conveyances are figned by %'natures'
which they make with a pen, repenting thefe animals.
An Indian, in anfwer to this queftion, What the .-uhite
people meant by covetoufnefs? was told by another, thai: it'fig-iii-
hed, a defire-ofmoretbana?nauheanccdof. That's s . ranSf «
isid the quenft. i " rection

'N E W-Y O R It, ' 47
rectidn of their Sachems, or chief men, Great ^J^™
exploits arid public virtue procure the efteetti of a
people, and qualify a man to advife in' council,
"and execute the plan concerted for the advantage
of his country ; thus whoever appears to the Indians
in this advantageous light, commences a Sachem
without any other ceremony.
As there is no other way of arriving at this dig
nity, fo it ceafes unlets an uniform zeal and activity
for the common good, is uninterruptedly continued.
Some have thought it hereditary, but that is a mif-
take. The' fon is indeed, refpected for his father's
fervicCs, but Without perfonal merit, he can never
fhare in the government ; which were it otherwife,
muft fink into perfect difgrace. The children of
fuch as are diftinguifhed for their patrbitifm, moved
by the confideration of their birth,' and the perpe
tual incitements to virtue conftantly inculcated in
to, them, imitate their father's exploits,* and thus* Quere, «-he-
attain to the fame honours and influence: which goodeffe/wouu
accounts for the opinion that the title and power not "ife in Eng-
of Sachem is hereditary. ^ {^«Z
' Each of thefe republicks has its own particular lif<:?
chiefs, "who hear arid determine all complaints in
council, and though they ' have no officers for the
execution of juftice, yet their decrees are always
obeyed, from the general reproach that would fol
low a'contempt of theiir advice. The condition of
this' people exempts them from factions, the com
mon difeafe of popular governments, It is impof-
fible' to gain'a'party amongft them by indirect
means ; for no man has either honour, riches, or
power to beft.ow.-j~ Alb
f The learned and judicious author of the Spirit of Laws,
fpeaking of a people who have not a fixed property in lands,
¦ .obferves, " That if a chief would deprive them of their li-
" berty, they would immediately go and feek it under another,
" or retire into the woods, and live there with their families." The

$

THE HISTORY hi
All affairs which concern the general intereft are
determined in a great affembly of the chiefs of each
canton, ufually held at Onondago, the center of
their country. Uport emergencies they act fepa-
rately; but nothing aul bind the league but the
voice of the general convention.
The French, upon the- rhaxim 'divide & imperdi
have tried all poffible means to divide thefe repub-
licks, and fometimes have, even fbwn great jcaloy-
{ies amorigft them. Iri confequence of this plan;
they have fedUced many families to withdraw td
Canada; and there fettled therri in regular towns,
under the command of a fort, and the tuition of
miffionafies. «:....
The manners of theft : favages are as Ample as
their government. Their houfes are a few crotched
flakes thruft into the ground and overlaid with
bark: Afire is kindled in the middle; and art
aperture left at the top for the, conveyance of the
fmoke. Whenever a confiderable number of thofe
huts are collected; they have a caftlej as it is called;
confifting of a fquafe without baftions; furrounded
with pallifadoes; They have noother fortification ;
, arid this is only defigned as an afylum for their- ol,d
men, their wives and: Children; while the reft are
gone but tb war. The^live almoft entirely with
out care; While the women^ or fquaws cultivate
a little fpot of ground for corn, the men employ
themfelves in hunting. As to cloaths, they ufe, a
blanket girt at the waift, and thrown joofely over
their fhoulders •, fome of their women indeed have
befides this, a fort of a petticoat* and a few of theif
The Five Nations can never be ehflaved, till they grow rich
by agriculture and commerce. Property is the moft permanent
bafis of power. The authority of a Sachem depending only
upon his reputation for wifdom and courage, muft be weak and
precarious, and therefore fafe to the people*
men

N E, w" - Y 0 R K*
men Wear fhirts •, but the greater part of them are
generally half naked. In winter* their legs are co
vered with flockings of blanket, and their feet
with focks of deer fkin. Many of thern are fond of
ornaments, and their tafle is very fingular. I
have feen rings affixed, not only to their ears, but
their nofes. Bracelets of filver and brafs round
their Wrifts, are very common. The women plait
their hair, and tie it up behind in a bag, perhaps
in imitation of the French beaus in Canada. Tho'
the Indians are Capable of fuftaining great hard-
fhips, yet they cannot endure much labour, being
rather fleet than ffxong. Their men are taller than
the Europeans, rarely corpulent, always beardlefs,*
ftrait limbed, of a, tawny complexion, and black
uncurled hair. In their food they have no man
ner of delicacy, for though venifon is their ordi
nary diet, yet fometimes they eat dogs, bears, and
even fnakes, Their cookery is of two kinds, boil
ed or roafted •, tq perform the latter; the meat is
penetrated by a ftiort fharp flick fet in the ground,
inclining towards the fire, and turned 4s occafion
requires. They are hofpitable to flrangers, though
few Europeans would relifh their higneft favours of
this kind, for they are very nafty both in their gar
ments and food. Every man has his own wife,
whom he takes and leaves at pleafure ; a plurality,
however, at the fame time, is by no means admit
ted among them. They have been generally com
mended for_ their chaftity, but I am informed by
good authority, that they are very lafcivious, and
that the women, to avoid reproach, frequently de-
flroy the foetus in the womb. They are fo. perfect
ly free, that unlefs their children, who generally af-
* Becaufe they pluck out the hairs. The French writers,
who fay they have naturally no beards, are miftaken; and the
reafons they affign for it are ridiculous. E fift

49

5°

T HE HIST OR Y OF
fift their mother, may be called fervants, they have
none. The men frequently affociate themfelves
for converfation, by which means they not only
preferve the remembrance of their wars and treaties,
but diffufe among their youths incitements to mi
litary glory, as well as inftru&ion in all the fub-
tilties of war.
. Since they became acquainted with the Euro
peans, their warlike apparatus is a mufket, hatchet,*
and a long knife. Their boys ftill accuftom them
felves to bows and arrows, and are fo dextrous in
the ufe of them, that a lad of fixteen will ftrike an
Englifli fhilling five times in ten, at twelve or four
teen yards diftance. Their men are excellent
markfmen, both with the gun and hatchet; their
dexterity at the latter is very extraordinary, for
they rarely mifs the object though at a confidera
ble diftance. The hatchet in the flight perpetually
turns round, and yet always ftrikes the mark with
the edge.
Before they go out, they have a feaft upon dog's
flefh, and a great war dance. At thefe, the war
riors, who are frightfully painted with vermillion,
rife up and fing their own exploits, or thofe of their
anceftors, and thereby kindle a military enthufiafin
in. the whole company. The day after the dance,
they march out a few miles in a row, obferving a
profound filence. The proceffion being ended,
they ftrip the bark from a large oak, and paint the ,
defign of their expedition on the naked trunk. The
figure of a canoe, with the number of men in it,
determines the ftrength of their party ; and by a
deer, a fox, or fome other emblem painted at the
head of it, we difcover againft what nation they are
gone out.
_ * Hence to take up the hatchet, is with them a phrafe fig-
nifying to declare war; as on the contrary to bury it, denotes
the eftablifhment of a peace.
The

N E W - Y O R K. 5»
The Five Nations being devoted to war, eVefy
art is contrived to diffufe a military fpirit through
the whole body of their people. The Ceremonies
attending the return of a party ; feem calculated in
particular for that purpofe. , The day before they
enter the village, two heralds advance,- and , at a
fmall diftance fet up a yell, which by its modulation
intimates either good or bad news. If the former;
the village is alarmed, and an entertainment pro
vided for the conquerors* who in the mean time
approach in fight: one of them bears the fcalps
flretched over a bow, and elevated upon a long pole.
The boldeft man in thetown comes out* and re
ceives it, arid inftantly flies to the hutwerC the reft
are collected. If he is overtaken, he is beaten un- ,
mercifully : but if he out-runs the p'urfuer; he par
ticipates in the honour of the victors, who at their
firft entrance receive no. compliments, 'nor fpeak.a
. fingle word till the end, of the feaft. . Their parents,
wives'; and .children then ate admitted, and treat
them with the profoundefl refpect. After thefe fa-
Jutatipns; oneof the conquerdrs is appointed tore-
late the whole adventure, to which the reft atten
tively liften Without afking a queftion* and the whole
¦ concludes with a favage dance.
The Indians never fight in the field* or upon
equal terms, but always fculk and attack, by fur-
prife, in fmall parties, meeting every night at a
place of rendezvous. Scarce any enemy can efcape
them, for by the difpofition of the grafs and leaves,
they follow his tract with great ipeed. any where
but over a rock* Their barbarity is fhocking to
human nature. Women and children they gene
rally kill and fcalp, becaufe they would retard their
¦ progrefs, but the men they carry into . captivity.
If any wornan has loft a relation, and inclines to
receive the prifoner in his flead* he not only efcapes
a feries of the moft inhuman tortures, and death it-
E 2 felf,

S*

THE HISTORY Of
felf, but enjoys every immunity they can beftow,
and is efteemed a member of the family into which
he is adopted. To part with him would be the
moft ignominious conduct, and confidered as felling
the blood of the deceafed ; and for this reafon it
is not without the greateft difficulty, that a captive
is redeemed, When the Indians incline to peace, a meffenger
is fent to the enemy with a pipe, the bowl of which
is made of foft red marble .; and a long reed beau
tifully painted, and' adorned with the gay plumage
of birds, forms the fte'm. This is his infallible
protection from any affault on the way. The en
voy makes his propofals to the enemy, who if they
approve them, ratify the preliminaries to the peace,
by fmoking through the pipe, and from that in-
ftant, a general ceffation of arms takes place. The
French call it a Calumet. It is ufed, as far as I
can learn, by all the Indian nations on the conti
nent. The rights of it are efteemed facred, and
have been only invaded by the Flat Heads ; in juft
indignation for which, the confederates maintained
a war with them for near thirty years.
?/ttherngnise "^s t0 ^ language °f the Five Nations, the beft
«tian Nut'igns."" account I have had of it, is contained in a letter
from the Reverend Mr. Spencer, who refided
amongft them in the year 1748, being then a mif-
fionary from the Scotch fociety for propagating
chriftian knowledge. He writes thus :
" Sir,
" Though I was very defirous of learning the
" Indian tongue, yet through my fhort refidence at
*c Onoughquage, and the furly difpofition of my
" interpreter, I confefs my proficiency was not
" great." Except the Tufcaroras, all the the Six Na-
M tions fpeak a language radically the fame. It
4 " is

N E W - Y O R K. §1
" is very mafculine and fonorous, abounding with
" gutturals and ftrong afpirations, but without la-
" bials. Its folemn grave tone is owing to the ge-
" nerofity of its feet, as you will obferve in the fol-
" lowing tranflation of the Lord's prayer, in which
" I have diftinguifhed the time of every fyllable by ¦
" the common marks ufed in profody,*
" SoungwaOneha, caurounkyawga, tehseetaroan, sauhso-
*' neyoufta, esa, savvaneyou, oke'ttauhsela, ehneauwoung, na,
" cauroiinkyawga, nughwonfhauga, neattewehnesalauga,
" taugwaunautoronoantoQghfiijk, toantatJgweleewheyou-
" flaung* cheneSyeut, chaquatautalehwheyouftailnna, tough-
" sau, taugwaufsareneh, tawaut6ttenaugaIoughtoungga, na-
«' sawne, sacheautaugwafs, coantehsalohaunzaTckaw, esa, sa-
** wau'rieyovi, esa, safhautztaj esa, foungwafoung, chenneau-
" haungwii, auwen.
" The extraordinary length of Indian words,
" and the guttural afpirations, neceffary in pro-
" nouncing them, render the fpeech extremely
" rough and difficult. The verbs never change
" in their terminations, as in Latin, Greek, and
" Hebrew, but all their variations are prefixed.
w Befides the Angular and plural, they have alfo
" the dual number. A ftrange tranfpofition of
w fyllables of different words, Eupboni* gratia, is
" very common in the Indian tongue, of which I
" will give an inftance.
* If we had a good dictionary, marking, the quantity as well
as emphafis of every fyllable in the Englifli language, it would
conduce to an accuracy and uniformity of pronunciation. The
dignity of ftyle, fo far as the ear is concerned, confifts princi
pally in generous feet; and perhaps it may be a juft remark that
no fentence, unlefs in a dialogue, ends well without a tullfound,
Gordon and Fordyce rarely fwerve from this rule, and Mr.
Mafon, an ingenious authur, has lately written with great ap-
plaufe, on this attribute of ftyle. E 3 DgiHa

5*

THE HISTORY OF
¦«« Ogiilii fignifies fire, and cawaunna. great, but infteaq1 of
«« joining the. adjeftive and fubftantive to fay great fire, ca:
" waiinna. Ogilla, both words would be blended into this one,
*' co-gilla:waunna. " The dialect of the Oneydas, is fp'fter than that
*? of the other nations ; and the reafon is, becaufe
" they have more vowels, and often fupply die
" place of haifh letters with liquids : inftead of R,
" they always ufe L: Rebecca would be pro-
" hounced Lequecca."
The art of public fpeaking is in high efteem
among tjie Indians, and much iludied. They are
extremely fond of method, and difpleafed with an
hregular harrangue, becaufe it is difficult to be re
membered. When they anfwer, they repeat the
whole, reducing it into ftrict order. Their fpeeGhes
are fhort, and the fenfe conveyed in ftrong meta
phors. In converfation they are fprightly, but foT
lemn and ferious in their meffages relating to pub
lic affairs. Their fpeakers deliver themfelves with
furprifing force and great propriety of gefture.
The fiercenefs of their countenances, the flowing
blanket, elevated tone, naked arm,' arid erect fta-
ture, with a half circle of auditors feated on the
ground, and in the open air, cannot but imprefs
upon the mind, a lively idea of the ancient orators
of Greece and Rome.
At the clofe of every important part of the fpeech,
ratifying an old covenant, or creating a new one,
a belt is generally given, to perpetuate the remem
brance of the tranfaction Thefe belts are about
four inches wide, and thirty in length. They con-
fift of firings of conque fhell beads fattened toge
ther.* i
* Thofe beads which pafs for money, are called by the In
dians, Wampum, and by the Dutch, Sewant ; fix beads were
formerly valued ata ftyver. There are always feveral poor fa,
miles at Albany, who fupport themfelves by coining this cafh
for th,e traders.
With

N E W - Y O R K. ss
With refpect to religion, the Indians may be faid to of their ««-
be under the thickeft gloom of ignorance. If they 8'10n'
have any, which is much to be queftioned, thofe
who affirm it, ,will find it difficult to tell us where
in it confifts. They have neither prieft nor tem
ple, facrifice nor altar. Some traces indeed appear,
of the original law written upon their hearts ; but
they have no fyftem of doctrines, nor any rites and
modes of public worfhip. They are funk, un-
fpeakably beneath the polite pagans of antiquity.
Some confufed notions, indeed, of beings fuperior
to themfelves, they have, but of the Deity and his
natural and moral perfections, no proper or tolera
ble conceptions •, and of his general and particu
lar providence they know nothing. They profefs ,
no obligations to him, nor acknowledge their de
pendence upon him. Some of them, it is faid,
are of opinion, that there are two diftinct, power
ful Beings, one able to help, the other to do them
harm. The latter they venerate moll, and fome
alledge, that they addrefs him by a kind of prayer.
Though there are no public monuments of ido
latry to be leen in their country, yet the miflio-
naries have difcovered coarfe imagery in wooden
trinkets, in the hands of their jugglers, which the
converts deliver up as deteftable. The fight of
them would remind a man of letters of the Lares
and Penates of the ancients, but no certain judg
ment can be drawn of their ufe. The Indians
fometimes affemble in large numbers, and retire
far into the wildernefs, where, they eat and drink in a
profufe manner. Thefe conventions are called Ken-
ticoys. Some efteem them to be debauched revels
or Bacchanalia •, but thofe who have privately fol
lowed them into, thefe receffes, 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
E. 4 religion

$6 THE HISTORY OF
religion, it is worfe than none, and raifes in the ge~
nerous mind moft melancholy ideas of their de
praved condition. Little has been done to illumi
nate thefe dark corners of the earth with the light
of the Gofpel. The French priefts boaft indeed of
their converts, but they have made more pfofelytes
to politics than religion. Queen Anne fent a mif-
.fionary amongft them, and gave him an appoint
ment out of the privy purfe. He was a man of
a good life, but flow parts, and his fuccefs very
inconfiderabje.* The Reverend Mr. Barclay after-
terwards refided among the Mohawks but no fuita-,
ble provifion being made for an interpreter, he was
obliged to break up the miffion, If the Englifh
fociety for propagating the Gofpel, that truly ve
nerable body, inftead of maintaing mjffiQnaries in
rich chriftian congregations along the continent,
expended half the amount of their annual contri-*
butions on Evangelifts among the heathen, befides
the unfpeakable religious benefits that would, it is
to be hoped, accrue to the natives, fuch a proceed-;
ing would conduce greatly to the fafety of our co-;
lonies, and his Majefty's fervice. Much has been
written upon this fubject in America ; * and why
nothing to purpofe has vet been attempted in Eng,
land, towards fo laudable a defign, can only be
attributed to the amazing falfehdods and mifrepre-
fentations, by which fome of the miffionaries have
long impofed upon benevolent minds in Great ByU
tain, -f-
As
* See Mr. Hobart's letters to the epifcopalians in New
England. The account of the Scotth mifEon at Stockbridge,
Douglafs's fummary, &c.
f This is notorious to all who give themfelves the trouble
of perufmg the abftrafts of their accounts publifhed in EngT-
Jand. It would be a very agreeable office to me, on this
pccafion, to diftinguifh the innocent from the guilty, but that,
fuch

N E W , Y O R K>
As to the hiftory of the Five Nations, before
their acquaintance with the Europeans, it is wrapt
Up in the darknefs of antiquity. It is faid that.
their firft refidence was in the country about Mont
real ; and that the fuperior ftrength of the Adi-
fuch a talk would infallibly raife up a hoft of enemies. Many
pf the Miffionaries are nien of learning and exemplary morals.
Thefe in America are know and honoured, and cannot be pre
judiced by an indifcrininate cenfure. Their joining in a re-
prefentatiori for diftinguifhing the delinquents, who are a dif-
grace to the cloth, will ferve as a full vindication of themfelves
to the fociety, Mr. Ogilvie is, I believe, the only perfon now
employed' by that charitable corporation among the Indians,
and the greateft part even of his charge is in the city of Albany.
All the Scotch miffionaries are among the heathen, and their
fuccefs has been fufficient to encourage any future attempts.
Their is a regular fociety of Indian converts in New Jerfey ;
and it is worthy of remark, that not one of them has apofta-
tifed into heathenifm. Some of them have made fuch profi-
ciences in practical religion, as ought to fhame many of us,
who boaft the illuminating aids of our native chriftianity. Not
one of thefe Indians has been concerned in thofe barbarous ir-
rtiptions,' which have lately deluged the frontiers of the fouth-
weftern provinces, with the bipod of feveral hundred innocents
of every age and fex. At the commencement of thefe ravages^
they flew into the fettlements, and put themfelves under the
protection of the government. Thefe Indians no fooner be
came chriftians, than they openly profefTed their loyalty to
Sing George ; and therefore to contribute to their converfiorj,
was as truly politic, as nobly chriftian. Thofe colonies which
have done moft for this charitable defign, have efcaped beft
from the late diftrefling calamities. Of all the miffionaries,
Mr. David JJraiherd, who recoverd thefe Indians from the
darknefs of paganifm, was moft fuccefsful. He died the gth
of October, 1747, a victim to his extreme mortification and in-
extinguifhable zealyforthe pfofperity of his miffion. Thofe who
are curious to-enquire particularly into the effects of his indefa-i
tigable induftry, may have recourfe to his journal, publifhed
at Philadelphia, by the American correfpondents of the Scotch
Society, in whofe fervice he was employed. Dr. Douglafs,
ever ready to do honour to his native country, after remarking
that this felf-denying clergyman rode about four hundred miles,
in the year 1 744.1 with an air of approbation, afks, " Is there
?' any miflionary, from any of the focieties for propagating
«• the Gofpel in foreign parts, that has reported the like ?"
rondacks,

S?

Ccrlear.

s$ THEHISTORYOF
rondacks, whom the French call Algonquins, drove
them into their prefent poffeffions, lying on the
fouth fide of the Mohawks River, and the great
Lake Ontario.* Towards the clofe of thofe difputes,
which continued for a great feries of years, the
< Confederates gained advantages over the Adiron-
dacks, and ftruck a general terror into all the other
Indians,. The Harons on the north fide of the
Lake Erie, and the Cat Indians on the fouth fide,
were totally conquered and difperfed. The French,
who fettled Canada in 1603, took umbrage at their
fuccefs, and began a war with them which had well
An expedition nigh ruined the new colony. In autumn, 1665,
canhadaFreangai'r!ft Mr. Courcelles, the governor,' fent out a party
theMohawk in- againft the Mohawks. Through ignorance of the
ians,mi 5. country^ wd the want of fnow-fhoes, they were
almoft perifhed, when they fell in with Schencetady.
And even there the Indians would have facrificed
them to their barbarous rage, had not Corlear, a
Dutchman, inferpofed to protect them. For this
feaforiable hofpitality, the French governor invited
him to Canada, but he was unfortunately drowned
in his paffage through the Lake Champlairi. It is
in honour of this man, who was a favourite of the
Indians, that the governors of New York, in all
* Charlevoix, in partiality to the French, limits the coun?
try of the Five Nations, on the north, to the forty-fourth de
gree of latitude ; according to which, all the country on the
north fide of the Lake Ontario, and the river ifluing thence to
Montreal, together with a confiderable trad of land on the fouth
. fide of that river, belongs to the French. Nennepin, a RecoU
let friar, has more regard to truth than the Jefuit 5 for he tells
us in effecl, that the Iroquois poffeffed the lands on the north,
as well as the fouth fide of the Lake, and mentions feveral of
their villages in 1679, viz. Tejajahon, Kente, and Ganneoufle.
The map in his book agrees with the text. Charlevoix is at
variance with his geographer ; for Mr. Belliii, befides laying
down thefe towns in the map, contained in the fifth volume,
writes on the north fide of the protraction of Lake Ontario,
Les 'roquois du Nord. their

N E W - Y O R K. 59
.their treaties, are addreffed by the name of Cor P

lear. Twenty light companies of foot, and the^nn°-hn"6e6p^

whole militia of Canada, marched the next fpring
into the country of the Mohawks ; but their fuc
cefs was vaftly unequal to the charge and labour
of fuch a tedious march of feven hundred miles,
through an uncultivated defart ; for the Indians,
on their approach, retired into the woods, leaving
behind them fome old Sachems, who preferred
death to life, to glut the fury of their enemies.
The emptinefs of this parade on the one hand, and
the Indian fearfulnefs Of fire-arms on the other,
brought about a peace in 1667, which continued a peace between
for feveral years after. In this interval both the indUnsln 1667.
Englifh and French cultivated a trade with the
natives very profitable to both nations. The lat
ter, however, were moft politic and vigorous, and
filled the Indian /country with their miffionaries.
The Sieur Perot, the Very year in which the
peace was concluded, travelled above 1200 miles
weft ward, making profelytes of the Indians every
where to the French intereft. Courcelles appears
to have been a man of art and induftry. He took .
every meafure in his power for the defence of Ca
nada. To prevent the irruptions of the Five Na
tions by the way of Lake Champlain, he built fe
veral forts in 1665, between that and the mouth of
the River Sorel. In 1672, juft before his return to
France, under pretence of treating with the Indians
more commodioufly, but in reality, as Charlevoix
expreffes it, " to bridle them," he obtained their
leave to erect a fort at Caderacqui, or Lake On- Building of Fort
tario, which Count Frotenac, his fucceffor, com- !'r°nte"ac, .on
' r . . i , . Lake Ontario,
pleated the following fpring, and called after his in 1672.
own namcf- The command of it was afterwards
-j- In May 172 1, it was a fquare with four baftions, built of
ftone, being a quarter of a French league in circumference ;
before it are many fmall iflands, and a good harbour, and be
hind it a morafs. Charlevoix. given

6o THE HISTORY OF
given to Mr. De la Salle, who, in 1678, rebuild
it with flone. This enterprifing perfon, the fame
- year, launched a bark of ten tons into the Lake
Ontario, and another of fixty tons, the year after,
into Lake Erie ; about which time he inclofed with
pallifadoes, a little fpot at Niagara.
colonel Dongan Though the Duke of York had preferred Colo-
mOTenorPfNewnd Thomas Dongan to the gqvernment of this
YOTk"iriri682. province on the 30th of September, 1682, he did
not arrive here till the 27 th of Auguft in the follow
ing year. He was a man of integrity, moderation,
and genteel manners, and though a profeffed pa-
pift, may be claffed among the beft of our gover
nors. The people, who had been formerly ruled at the
will of the Duke's deputies, began their firft parti
cipation in the legiflaave power under Colonel Don
gan, for fhprtly after his arrival, he iffued orders
The firft affem- to the fheriffs to fummon the freeholders for choof-
hoiders'of the"mg reprefentatives, to [meet him in affembly on the
proTinccmet, 17th of October, 1 68 3. Nothing could be more
oa. 17, 1683. agreeabie to tne people, who, whether Dutch or
Englifh, were born the fubjects of a free ftate ; nor,
indeed, was the change of lefs advantage to the
Duke, than to the inhabitants. For fuch a general
difgufl had prevailed, and in particular in Long
Iflarfd, againft the old form which Colonel Nicolls
had introduced, as threatened the total fubverfion
of the public tranquility. Colonel Dongan faw
the difaffection of the people at the eaft end of
ifland, for he landed there on his firft arrival in
the country ; and to extinguifh the fire of difcon-
tent, . then impatient to burft out, gave them his
promife, that no laws or rates for the future fhould
be impofed, but by a general affembly. Doubtlefs,
this alteration was agreeable to the Duke's orders,
who htd been ftrongly importuned for it, as well
as acceptable to the people, for they fent him foon
- after

N E W - Y O R tf. 6t
after an addrefs,* expreffing the higheft fenfe of gra
titude, for fo beneficial a change in the government.
It would have been impoffible for him much longer
to have maintained the old model over free fubjects,
who had juft before formed themfelves into a co
lony for the enjoyment of their liberties, and had
even already folicited the protection of the colony
of Connecticut, from y/hence the greateft part of
them came. Difputes relating to the limits of cer
tain tpwnfhips at the eaft end of Long Ifland,
fo'wed the feeds of enmity againft Dongan, fo deep
ly in the hearts of many who were concerned in
them, that their reprefentation to Connecticut, at
the Revolution, contains the bittereft invectives
againft him.
Dongan furpaffed all his predeceffors in a due
attention to our affairs with the Indians, by whom
he was highly efteemed. It muft be remembered
to his honour, that though he was ordered by the
Duke, to encourage the French priefts who were
come to refide among the natives, under pretence
of advancing the popifh caufe, but 1n reality to
gain them' over to a French intereft ; yet he for
bid the Five Nations to entertain them. The Je-
fuits, however, had no fmall fuccefs. Their pro- Settlement

t

felytesare called Praying. Indians, or Caghnuagaes, j^J^ik,
andrefide now in Canada, at the fall of St. Lewis, popiih religion »c
oppofite to Montreal. This village was begun in Leewfs""nt,rSc'
167 1, and confifts of fuch of the Five Nations as Montreal, in
have formerly been drawn away by the intrigues167'"
of the French priefts, in the times of Lovelace and
Androfs, who feem to have paid no attention tb our
* The petition to his Royal Highnefs was drawn by the
Council, the aldermen of New ' York, and the juftices of
the peace at the court iof affize, the 29th of June, :68i. I
have feen a copy in the hands of Lewis Morris, efq. It con
tains many fevere reflections upon the tyranny of Sir Edmond
Androfs. Indian

6z THEHISTORYOF
Indians affairs.* .It was owing to the .inftigatiqfi
alfo of thefe priefts, that the Five" Nations about
this time, committed hoftiliries on the back parts
of Maryland and Virginia, which occafioned a grand
convention at Albany, in the year 1684.., Lord
Atreaty between Howard of Effingham, the Governor of Virginia,
the Virginians .. & > . . . . .. ., & .»
»nd Indians con- was preient, and made a covenant with them for
inUj6gatAlbany preventing further depredations,' towards, the ac-
complifhment of which, Colonel Dongan was very
inftrumental,-f- Doctor Colden has publifhed this
treaty at large, but as it has rio immediate eonec-
tiqn with the affairs of this province, I. beg leave
to refer the reader for a full account of it, to his
hiftory of the Five Nations;
While Lord Howard was at Albany, a rrieffen-
ger from De la Barre, then Governor of Canada,
arrived there, complaining of the Senneca Indians,
for interrupting the French in their trade with the
more diftant Indians, commonly included among
us by the general name of the Far Nations. J Co
lonel Dongan, to whom the meffage was fent, com
municated it to the Sennecas, who admitted the
charge, but juftified their conduct, alledging, that
the French fupplied arms and ammunition to the
Twightwies,§ with whom they were then at war.
De la Barre, at the fame time, meditating nothing
* Of late fome others of the Confederates have been allured
to fettle at Ofwegatchi, called by the French, la Gallette, nea*r
fifty miles below Frontenac. General Shirley's emifTaries from
Ofwego, in 1755, prevailed with feveral of thefe families tors-
turn to their old habitations.
f This covenant was ratified in 1685, and at feveral times
fince. % By the Far Nations are meant, all thofe numerous tribes
inhabiting 'the countries on both fides of the Lakes Nuromand
Erie, weftward, as far as the Miffiffippi, and the fouthern
country along the banks of the Ohio, and its branches.
§ By the French called Miamies. lefs

N E W - Y O R K. 63
lefs than the total deft ruction of the Five Nations, a grand expek-
proceeded with an army of 1700 men to the Lake''0" °f the
r\ ¦ tv /!¦• 1 • 1 1 French under
Ontario. Mighty preparations were made to ob- Monfieur De u
tain the defired fuccefs : frefh troops were imported ^a"|J^ft.n
from France, and a letter procured from the Duke 1684.
of York to Colonel Dongan, commanding him to
lay no obftacles in the way. The officers polled
in the out forts, even as far as Meffilimakinae, were
ordered to rendezvous at Niagara, with all the weft-
ern Indians they could engage. Dongan, regard-
lefs of the Duke's orders, apprifed the Indians of
the French defigns, and promifed to affift them.
After fix weeks delay at Fort Frontenac, during The'riIlfuC"fSi
which time a great ficknefs, occafioned by bad pro-
vifions, broke out in the French army, De la Barre
found it neceffary to conclude the campaign with a
treaty, for which purpofe he croffed the Lake, and
came to the place which, from the diftrefs of his
army, was called La Famine. Dongan fent an in
terpreter among the Indians, by all means to pre
vent them from attending the treaty. The Mo
hawks and Sennecas accordingly refufed to meet
De la Barre, but the Oneydoes, Onondagas, and
Cayugas, influenced by the miffionaries, were un
willing to hear the interpreter, except before the
priefts, one La Main, and three other Frenchman,
and afterwards waited upon the French Governor,
Two days after their arrival in the camp, Monfieur a conference of
De la Barre addreffing himfelf to Garrangula, an Mr.DttX'rt
Onondaga chief, made the following fpeech, the
Indians and French officers at the fame time form
ing, a circle round about him.
" The King, my mafter, being informed, that Monfieur De t»
" the Five Nations have often infringed the peace, thTindUn«.ch **
" has ordered me to come hither with a guard, and
" to fend Ohgueffe to the Onondagas, to bring
" the chief Sachems to my camp. The intention " of

64

THE HISTORY OF"
*c of the Great King is, that you and I may fmoke
" the Calumet of peace together > but on this con-
" dition that you promife me, in the name of the
" Senekas, Cayugas, Onondagas, and Mohawks,
" to give entire fatisfactiori and reparation to his
" fubjects, and for the future, never to moleft
" them.
" The Senekas, Cayugas, Onondagas, Oney-
" does, and Mohawks, have robbed and abuted all
'• the traders that were paffing to the Illinois and
" Miames, and other Indian nations, the children
" of my King. They have acted, on thefe Occa-
" fions, contrary to the treaty of peace with my
" predeceffor. I am ordered, therefore, to demand
" fatisfaction, and to tell them, that in cafe of re-
" fufal, or their plundering us any more, that I have
" exprefs order to declare war. This belt confirms
" my words. The warriors of the Five Nations
" have conducted . the Englifh into the Lakes,
" which belong to the King, my mafter, and
" brought-the Englifh among the nations that are
" his children, to deftroy the trade of his fubjects,
" and to withdraw thefe nations from him. They
" have carried the Englifh thither, notwithftanding
" the prohibition 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 ifever the like fhall happen for the
" future, I have exprefs orders to declare war
" againft you. This belt confirms my words.
" Your warriors have made fevera^ barbarous in-
'* curfions on the the Illinois and Umameis ; they
" have maffacred men, women, and children, and
" have made many of thefe nations prifoners, who
" thought themfelves .fafe in their villages in time
" of peace ; thefe; people, who are my King's
" children, muft not be your flaves-, you muft
" give them their liberty, and fend them back into
" ' their

N E W - Y O R K. «S
" their own country. If the Five Nations fhall
" refufe to do this, I have exprefs orders to de-
" clare war againft them. This belt confirms my
" words.
" This is what I have to fay to Garrangula,
" that he may carry to the Senekas, Onondagas,
" Oneydoes, Cayugas, and Mohawks, the deckr
" ration which the King, my mafter, has com-
" manded me to make. He doth not wifh them
" to force him to fend a great'army to Cadarackui
" Fort, to begin a war which muft be fatal to them.
" He would be forry that this fort, that was the
" work of peace, fhould become the prifon of
" your warriors. We muft endeavour, on both
" fides, to prevent fuch misfortunes. The French,
" who are the brethren and friends of the Five Na-
" tions, will never trouble their repofe, provided
" that the fatisfaction which I demand, be given ;
" and that the treaties of peace be hereafter ob-
" ferved. I fhall be extremely grieved, if my
" words-do not produce the effect which I expect
" from them ; for then I fhall be obliged to join
" with the Governor of New York, who is com-
" manded by his mafter to affift me, and burn the
" caftles of the Five Nations, and deftroy you.
" This belt confirms my words."
Garrangula heard thefe threats with contempt,
becaufe he had learnt the diftreffed ftate of the
French army, and knew that they were incapable
of executing the defigns with which they fet out ;
and therefore, after walking five or fix times round
the circle, he anfwered the French Governor, who
fat in an elbow chair, in the following ftrain :
" YoNNONDIO,
" I honour you, and the warriors that are with me The anfwer 0f
" likewife honour you. Your interpreter has finifhed f^dha^hil'i.1 '
" your fpeech ; I now begin mine. My words
" make hafte to reach your ears •, hearken to them.
F " \on-

£6 THE HISTORY OF
" Yonnondio, you muft have believed, when
u you left Qiiebeck, that the fun had burnt wp
" all the forefts, which render our country inac-
" ceffible to the French, or that the lakes had fo
" far overflown the banks, that they had furround-
" ed our caftles, and that it was impoffible for us
" to get out of them. Yes, Yonnondio, furely
" you muft have dreamt fo, and the curiofity of
" feeing fo great a wonder has brought you fo far.
"•' Now you are undeceived, fince that I and the
" warriors here prefent, are come to allure you,
*' that the Senekas, Cayugas, Onondagas, Oney-
" does, and Mohawks, are yet alive. I thank
" you, in their name, for bringing back into their
" country the Calumet, which your predeceffor re-
" ceived from their hands. It was happy for you,
" that you left under ground that murdering
'¦' hatchet that has been fo often died in the blood
" of the French. Hear, Yonnondio, I do not
" deep, I have my eyes open, and the fun, which
" enlightens me, difcovers to me a great captain
" at the head of a company of foldiers, who fpeaks
" as if he were dreaming. He fays, that he only
" came to the Lake to fmoke on the great Calu-
" met with the Onondagas. But Garrangula fays,
" that he fees the contrary, that it was to knock
" them on the head, if ficknefs had not weakened
" the arms of the French.
" I fee Yonnondio raving in a camp of fick men,
" whofe lives the great Spirit has faved, by in-
" flitting this ficknefs on them. Hear, Yonnon-
" dio, our women had taken their clubs, our chil-
" dren and old men had carried their bows and
" arrows into the heart of your camp, if our war-
" riors had not difarmed them and kept them back,
" when your meffenger, Ohgueffe, came to our
" caftles It is done, and I have faid it. ' Hear,
" Yonnondio, we plundered none of the French, " but

N E W - Y O R K. 67
but thofe that carried guns, powder, and ball to
the Twightwies and Chictaghicks, becaufe thofe
arms might have coft us our lives. Herein we
follow the example of the Jefuits, who ftave all
the caggs of rum brought to our caftles, left the
drunken Indians fhould knock them on the head.
Our warriors 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 pre-
ferves my words.
" We carried the Englifh into our lakes, to trade
there with the Utawawas and Quatoghies, as the
AdirGndacks brought the French to our caftles,
to carry on a trade, which the Englifh fay is
theirs. We are born free •, we neither depend
on Yonnondio nor Corlear.
" We may go where we pleafe, and carry with
us whom we pleafe, and buy and fell what we
pleafe : if your allies be your flaves, ufe them
as fuch, command them to receive no other but
your people. This belt preferves my words.
" We knocked the Twightwies and Chictaghicks
on the head, becaufe they had cut down the trees
• of peace, which were the limits of out country.
; They have hunted bevers on our lands : they
• have acted contrary to the cuftoms of all Indians •,
; for they left none of the bevers alive, they killed
• both.male and female. They brought the Sa-
; tanas * into the country, to take part with them,
; after they had concerted ill defigns againft us.
'¦ We have done lefs than either the Englifli or
; French, that have ufurped the lands of fo many
; Indian nations, and chafed them from their own
; country. This belt preferves my words.
" Hear, Yonnondio, what I fay, is the voice of
; all the Five Nations ; hear what they anfwer ;
* By the French called Sauounons.
F 2 " open

68 T HE H I STORY 0 F
" open your ears to what they fpeak. • The Se->
" nekas, Cayugas, Onondagas^, Oneydoes, and Mo-.
" hawks fay, that when they buried the hatchet at
" Cadarackui'(ih the prefence of your predeceffor).
" in the middle, of, the, fort; they planted the tree
" of peace in the fame place, to be there carefully.-
" preferyed, that, in place of a retreat for foldiers,
*' that fort might be. a rendezvous . for merchants:,
" that in place of arms, and aqn munition, of war,
" bevers and merchandize fhould only enter there.
" Hear, Yonondio, take, care, for the future,
" that fo great a, number of foldiers as appear there,.
" do not choaJk, the tree of peace planted in fo fmall >
" a fort. It will be a great lofs? if, after it had;
" fo eafily taken root, you, fhould flop7 its growth,
" and prevent its covering your country, and; o.urs«
" with its branches. I affure you, in the name of
" the Five Nations, that our warriors' fhall dance,
" to the Calumet of peace, under its leaves, and
" fhall remain quiet on their matts, and fhall ne-
" ver dig up the hatchet,, till their brother Y«K
" nondio or Corlear fhall either jointly or feparately
" endeavour to attack thq. country which the- 'great,
" Spirit has given toour.anceflors. This belt pre-?
" ferves my words, and this other, the authority
" which the Five Nations have.glven me."
Then Garrangula, addreffing himfelf to Mon*
fieur La Main, faid " Take courage OhguefTe,^
" you have fpirit, fpeak, explain my words, for-"
" get nothing, tell all that your brethren and friends,
" fay to Yonnondio, your governor, by the mouth,
" of Garrangula, who loves you, and; defines you,
" to accept of this prefent of bever, and take part,
" with me in my feaft, to which I invite you. This,
" prefent of bever is fent to Yonnondio, on the part
" of the Five Nations."
Enraged at this bold reply, De la Barre as foon
as the peace was concluded, retired to Montreal, and

N E W - Y O R K. 69
and inglorioufly finifhed an expenfive campaign,
as Doctor Colden obferves, in a fcold with an old
Indian. De la Barre was fucceeded by the Marquis De The M.rquis de
Nonville, colonel of the dragoons, who arrived Nonvi"e 'uc-
witn a reinforcement of troops in 1685. Thevemmentofca-
marquis was a man of courage and an enterprifing nada' In l68s"
fpirit, and not a little animated by the confidera-
ration that he was fent over to repair the difgrace
which his predeceffor had brought upon the French
colony. The year after his arrival at Quebec, he
wrote a letter to the minifter in France, recommend
ing the fcheme of erecting a flone fort, fufficient to
contain four or five hundred men, at Niagara, not
only to exclude the Englifh from the Lakes, but
to command the fur trade and fubdue the Five
Nations. Dongan, who was jealous of his defigns,
took umbrage at the extraordinary fupplies fent to
Fort Frontenac, and wrote to the French Gover
nors, fignifying that if he attacked the Confede
rates, he would confider it as a breach of the peace
fubfifting between the two crowns ; and to prevent
his building a fort at Niagara, he protefted againft
it, and claimed the country as dependent upon the
province. De Nonville, in his anfwer, denied that
he intended to invade the Five Nations, though
the neceffary preparations for that purpofe were
then carrying on, and yet Charlevoix commends
him for his piety and uprightnefs, " egalement efii-
" mable (fays the Jefuit) pour fa valeur, fa droiture
" & fa piete" Colonel Dongan, who knew the
Importance of our Indian alliance, placed no con
fidence in the declarations of the Marquis, but
exerted himfelf in preparing the confederates for a
war ; and the French author, juft mentioned, does
him honour, while he complains of him as a per
petual obftacle, in the way of the execution of their
fchemes. F 3 Our

7o THE HISTORY OF
Our allies, were now triumphing in their fuccefs
over the Chigtaghics, and meditating a war with
the Twightwies, who had difturbed them in their
bever hunting. De Nonville, to prevent the in
terruption of the French trade with the T wight.
wies, determined to divert the Five Nations and
carry the war into their country. To that end, in
An expedition of j gg^ jie collected 2000 troops and 600 Indians,
agaioft the sen. at Montreal, and iffued orders to all the officers in
necas, 101687. tjje more Wefterly country, to meet him with ad
ditional fuccours at Niagara, on an expedition
againft the Sennecas, An Englifli party under one
M*Gregory, at the fame time was gone out to trade
on the lakes, but the French, notwithftanding the
peace then fubfifling between the two crowns, in
tercepted them, feized their effects, and imprifoned
their perfons'. Monfieur Fonti, commandant among
the Chictaghics, who was coming to the General's
rendezvous at Niagara, did the like to another En
glifh party,which he met with in Lake Erie.* The
Five Nations, in the mean time, were preparing to ¦
give the French army a fuitable reception. Mon
fieur Companie, with two or three hundred Cana
dians in an advanced party, furprifed two villages
of the Confederates, who, at the invitation and on the
faith of the French, feated themfelves down about
eight leagues from Lake Fadarackui or Ontario.
To prevent their efcape with intelligence to their
The;rcrueltyt0 countrymen, .they were carried to the fort, and all
fome of their but thirteen died in torments at the ftake, finging
pfoners. -vvItH an heroick fpirit, in their expiring moments,
the perfidy of the French. The reft, according to
the exprefs orders of the French King, were fent to
* Both thefe attacks were open infra&ions of the treaty
at Whitehall, executed in November 1686 ; by which it was
agreed, that the Indian trade in America, fhould be free to the
Englifh and French. the

N E W - Y O R K.
the gallies in Europe. The Marquis having em
barked his whole army in canoes, fet out from the
fort at Cadurackui on the twenty-third of June,
one half of them pafling along the north, and the
other on the fouth fide the Lake ; and both ar
rived the fame day at Tyrondequait, and fhortly
after fet out on their march towards the chief vil
lage of the Sennecas at about feven leagues di
ftance. The main body was compofed of the re
gulars and militia, the front and rear of the Indians
and traders. The fcouts advanced the fecond day
of their march, as far as the corn of the village,
and within piflol-fhot of five hundred Sennecas,
who lay upon their bellies undifcovered. The
French, who imagined the enemy were all fled,
quickened their march to overtake the women and
old men. But no fooner had they reached the foot
of a hill, about a mile from the villages, then the
Sennecas raifed the war fhout, and in the fame in-
ftant charged upon the whole army both in the front
and rear. Univerfal confufion enfued. The bat-
tallions divided, fired upon each other, and fled
into the wood. The Sennecas improved the dif-
order of the enemy, till they were repulfed by the
French Indians. According to Charlevoix's ac
count, which may be juflly fufpected, the ene
my loft but fix men, and had twenty wounded in the
conflict. Of the Sennecas, he fays, fixty were
wounded and forty-five flain. The Marquis was fo
much difpirited, that he could not be perfuaded to
purfue the enemy that day ; which gave the Sen
necas an opportunity to burn their village and get
off. Two old men remained in the caftle to re
ceive the general, and regale the barbarity of his
Indian allies. After deftroying the corn in this
and feveral other villages, the army retired to the
banks of the Lake, and erected a fort with four
baftjons on the fouth-eaft fide of the ftreights at
F 4 Niagara,

71

7* t THE HISTORY OF
Niagara, in which they left one hundred men, unr
der the command of 'Le Chevalier de la Troye,
with eight months' provifions •, but thefe being
clofely blocked up, all, except feven or eight of
them, who were accidentally relieved, perifhed
through famine.* Soon after this expedition, Co-
A convention of ionej; Donp-an ihet the Five Nations at Albany.
theAFiveNationsTo ^ P^ ^^ ^ thg fpee?h he made
to them on the 5th of Auguft, which I choofe tq
lay before the reader, to fhew his vigilance and
zeal for the intereft of his mafter, and the common
weal of the province committed to his care.
Governor Don-. <t Brethren
ganWpeech to f( J ^ ^^ ^ ^ fce ^ ^ ^ ^ J^f^
" and am heartily glad that you have fuftained no
'* greater lofs by the French, though I believe it
" was their intention to deflroy you all, if they
*« could have furprifed you in your caftles.
" As foon as I heard their defign to war with
*l you, I gave you notice, and came up hither
" myfelf, that I might be ready to give all the af-
*' fiance and advice, that fo fliort a time would
" allow me.
" I am now about fending a gentleman, to Eng*
" land to the King, my mafter, to. let him know, that
*' the French have invaded his territories on this fide
" of the great Lake, and warred upon the bre-
" thren his fubjects. I therefore would willingly
*'• know, whether the brethern have given the Go-
»
* Nothing can be more perfidious and unjuft, than this at
tack upon our Confederates. The two crowns had but juft
concluded a treaty for the prefervation of the peace : La Non-
tan, one of the French hiftorians, cenfures De Nonville's con
duct, and admits the Britifh title to the command of the lakes,
but Charlevoix blames him, as he does Hennepin, De L'lfle,
and every other author, who confeffes the truth, tothe prejudice
pf the ambitious claims of the court of France. vernor

N E W - Y O R K.
*l yernor of Canada any provocation or not ; and
" if they have, how, and in what manner; be-
f£ caufe I am obliged to give a true account of
" this matter. This bufinefs may caufe a war be-
*' tween the King of England, and the French
*' King, both in Europe and here, and fherefore I
*' muft know the truth.
" I know the Governor of Canada dare not en-
" ter into the King of England's territories, in a
" hoftile manner, without provocation, if he
*' thought the brethren were the King of Eng-
" land's fubjects j but you have, two or three years
" ago, made a covenant chain with the French,
*' contrary to my command (which I knew could
" not hold long) heing void of itfelf among the
" chriftians •, for as much as fubjects (as you are)
'' ought not to treat with any foreign nation, it
'' not lying in your power. You have brought
" this trouble on yourfelves, and, as I believe,
" this is the only reafon of their falling on you at
" this time.
" Brethren, I took it very ill, that after you
" had put yourfelves into the number of the great
?' King of England's fubjects, you fhould ever of-
?' fer to make peace or war, without my confent.
" You know that we can live without you, but
*' you cannot live without us ; you never found
" that I told you a lie, and I offered you the af-
" fiftance you wanted, provided that you would
" be advifed by me •, for I know the French bet-
'' ter than any of you do.
" Now fince there is a war begun upon you by
" the Governor of Canada ; I hope without any
" provocation by you given ; I defire and com-
" mand you, that you hearken to no treaty but
" by my advice •, which if you follow, you fhall
'f . have the benefit of the great chain of friendfhip
fl between the great King of England, and the
4 " King

73

74

THE HISTORY OF
" King of France, which came out of England the
" other day, and which I haveMent to Canada by
" Anthony le Junard ; in the mean time, I will
"give you fuch advice as will be for your good;
" and will fupply you with fuch neceffaries as you
" will have need of.
" Firft, *My advice is, as to what prifonei's of
" the French you fhall take, that you draw not
" their blood, but bring them home, and keep '
" them to exchange for your peonle, which they '
" have prifonners already, or may take hereafter."
" Secondly, That if it be poffible that you can '
" order it fo, I would have you take one or two
«' of your wifeft Sachems, and one or two of your
" chief captains, of each nation, to be a council to
" manage all affairs of the war. They to give or-
" ders to the reft of the officers what they are to
*' do, that your defigns may be kept private ; for
" after it comes among fo many people, it is blazed
" abroad, and your defigns are often fruftrated ;
" and thofe chief men fhould keep a correfpon-
" dence with me by a trufty mefienger.
" Thirdly, The great matter under confidera-
" tion with the brethren is, how to ftrengthen
" themfelves, and weaken the enemy. My opi-
*' nion is, that the brethren fhould fend mefiengers
" to the Utawawas, Twichtwies, and the farther
" Indians, and to fend back likewife fome of the
" prifoners of thefe nations, if you have any left,
" to bury the hatchet, and to make a covenant-
" chain, that they may put away all the French
" that are among them, and that you will open a
" path for them this way (they being the King
" of England's fubjects likewife, though the French
" have been admitted to trade with them ; for all
" that the French have in Canada, they had it of
" the great King of England) that, by that means,
" they may come hither freely, where they may have
V every

N E W - Y O R K.
" every thing cheaper than among the French :
" that you and they may join together againft the
" French, and make fb firm a league, that whoever
*' is an enemy to one, muft be to both.
" Fourthly, Another thing of concern is, that
*' you ought to do what you can to open a path
" for all the north Indians and Mahikanders that
** are among the Utawawas and further nations.
" I will endeavour to do the fame to bring them
*" home. For, they not daring to return home
" your way, the French keep them there on pur-
" pofe to join with the other nations againft you,
" for your deftruction, for you know, that one of
" them is worfe than fix of the others ; therefore
" all means muft be ufed to bring them home,
(t and ufe them kindly as they pafs through your
" country.
" Fifthly, My advice further is, that mefien-
" gers go in behalf of all the Five Nations, to the
'• Chriftian Indians at Canada, to perfuade them
*' to come home to their native country. This
" will be another great means to weaken your ene-
** my ; but if they will not be advifed, you know
" what to do with them.
" Sixthly, I think it very neceffary for the bre-
" thren's fecurity and affiftance, and.to the endamag-
" ing the French, to build a fort upon the lake,
" where I may keep flores and provifions in cafe of
" neceffity ; and therefore I would have the bre-
" thren let me know what place will be moft con-
" venient for it.
" Seventhly, I would not have the brethren
*' keep their corn in their caftles, as I hear the
" Onondagas do, but bury it a great way in the
*' woods, where few people may know where it
f ' is, for fear of fuch an accident as happened to
*' the Sennekas. «' Eighthly,

n

«

THE HISTORY OF
" Eightly, I have given my advice in your ge
neral affembly, by Mr. Dirk Weffels and Akus,
the interpreter, how you are to manage .your par
ties,' and how neceffary it is to get prisoners, to
exchange for your own men that are prifohers
with the French, and I am glad to hear that the
brethren are fo united as Mr. Dirk Weffels tells
me you are, and that there was no rotten mem
bers nor French fpies among you.
" Ninthly, 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 thither, for I told you that I knew1
the French better than you did.
" Tenthly, There was no advice or propofi-
tion that I made to the brethren all the time that
the prieft lived at Onondaga, 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, I defire the
brethren not to receive him, or any French Prieft
any more, having fent for Englifh priefts, with
whom you may be fupplied to your content.
" Eleventhly, I would have the brethren look
out fharp, for fear of being furprifed, I believe
all the ftrength 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,
" Twelfthly, Let me put you in mind again, not
to make any treaties without my means, which
will,be more advantageous for you, than your do
ing it by yourfelves, for then you will be looked
upon as the King of England's fubjects, and let
me know, from time to time, every thing that is
done. " Thus far I have fpoken to you relating to the
war." Not

N E W - Y O R K, 77
Not long after this interview, a confiderable party
of Mohawks and Mahikanders, or River Indians,
befet Fort Chambly, burnt feveral houfes, and re
turned with many captives to Albany. Forty
Onondagas, , about the fame time, furprifed a few
foldiers near Fort Frontenac, whom they corifined
inftead of the Indians fent home to the gallies, not-
withftanding the utmoft addrefs was ufed to regain
them, by Lamberville, a French prieft, who delivered
them two belts, to engage their kindnefs to the pri-
foners, and prevent their joining the quarrel with the
Sennecas; The belts being fent to Colonel Don
gan, he wrote to De Nonville, to demand the reafon
of their being delivered, Pere le Vaillant was fent
here about the beginning of the year 1688, under
colour of bringing an anfwer, but in reality as, a fpy.
Colonel Dongan told him, that no peace could be
made with the Five Nations, unlefs the Indians fent
to the galleys, and the Caghnuaga profelytes were
returned to their refpective Cantons, the forts at
Niagara and Frontenac raifed, and the Sennecas
had fatisfaction made them, for the damage they had
fuftained. The Jefuit, in his return, was ordered
not to vifit the Mohawks.
Dongan, who was fully fenfible of the impor
tance of- the Indian intereft to the Englifh colonies,
Was for compelling theErench to apply to him in
all their affairs with the Five Nations ; while they,
on the other hand, were for treating with them inde
pendent of the Englifh. For this reafon, among
others, hcrefufed them the affiftance they frequent
ly required, till they acknowledged the dependence
of the confederates on the Englifh Crown, King
James, a poor bigotted, popifh, priefl-ridden prince,
ordered his governor to give up this point, and to
perfuade the Five Nations to fend meffengers to
Canada, to receive proppfals of peace from the
French, For this purpofe, a ceffation of arms and
mutual

78 THE HISTORY OF
mutual re-delivery of prifoners was agreed upon.
Near 1200 of the confederates attended this negoti
ation at Montreal, and in their fpeech to De Nonville,
infifted with great refolution, upon the terms propb-
fed by Colonel Dongan to Father le Vaillant. . The
French governor declared his willingnefs to put an
end to the war, if all his allies might-be included in
the treaty of peace, if the Mohawks and Sennecas
. would fend deputies to fignify their concurrence,
and the French might fupply Fort Frontenac with
provifions. The confederates, according to the
French accounts, acceded to thefe conditions, and
the treaty was ratified in the field. But a new rup
ture not long after enfued, from a caufe entirely un-
fufpected. , The Dinondadies had lately inclined to
the Englifh trade at Miffilimakinac, and their alii-"
ance was therefore become fufpected by the French.
Adario, their chief, thought to regain the ancient
confidence, which had been repofed in his country
men, by a notable action againft the Five Nations ;
and for that purpofe put himfelf at the head of 100
men : nothing was more difagreeable to him, than the
profpect of peace between the French and the con
federates ; for that event would not only render the
amity of the Dinondadies ufelefs, but give the
French an opportunity of refenting their late favou
rable conduct towards the Englifh. Impreffed with
thefe fentiments, out of affection to his country, he
intercepted the ambaffadors of the Five Nations,
at one of the falls in Cadarackui river, killed fome,
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 Dinondadies and confederates were then at
war, the ambaffadors were aftonifhed at the perfidy
of the French governor, and could not help com
municating the defign of their journey. • Adario, in
profecution of his crafty fcheme, counterfeited the
utmoft

N E W - Y O R K. 79
utmoft diftrefs, anger, and fhame, on being made
the ignominious tool of De Nonville's treachery,
and addreffing himfelf to Dekanefora, the principal
ambaffador, faid to him, " Go, my brethren, I un-
" tie your bonds, and fend you home again, though
" our nations be at war. The French governor
" has made me commit fo black an action, that I
" fhall never be eafy after it, till the Five Nations
" fhall have taken full revenge." This outrage
and indignity upon the rights of ambaffadors, the
truth of which they did not in the leaft doubt, ani
mated the Confederates, to the keeneft thirft after
•revenge; and accordingly 1200 of their men, on
the 26th of July 1688, landed on the fouth fide of Attack of m»..
the, ifland of Montreal, while the French were in'^J"1* zi'
perfect fecurity ; burnt their houfes, facked their
plantations, and put to the fword all the men, wo
men, and children, without the fkirts of the town.
A thoufand French were flain in this invafion, and
twenty-fix carried in captivity and burnt alive.
Many more were made prifoners in another attack
in October, and the lower part of the ifland wholly
deftroyed. Only three of the Confederates were
loft, in all this fcene of mifery and defolation.*
Never before did Canada fuftain fuch a heavy Diftrefs of the
blow. The news of this attack on Montreal no Canadian'-
fooner reached the garrifon at the lake Ontario,
than they fet fire to the two barks, which they had
built there, and abandoned the Fort, leaving a match
to 28 barrels of powder, defigned to blow up the
works. The foldiers went down the river in fuch
precipitation, that one of the battoes and her crew
were all loft in fhooting a fall. The Confederates
* I have followed Dr. Colden in the account of this attack,
who differs from Charlevoix. , That Jefuit tells us, that the
invafion was late in Auguft, and the Indians 1500 ftrong;
and as to the lofs of the French, he diminifhes it only to 200
fouls. in

8a THE HI ST 0 R Y OF
in the mean time feized the Fort, the powder, and
theftores; and of all the French allies, who were
vaftly numerous, only the Nepicirinians andiKika-
bous . adhered to them in their, calamities. The
Utawawas and feven other nations inftantly made
peace with the Englifh -, and but for the unconv
mon fagacity and addrefs of the Sieur Perot, the
Weftern Indians' would have murdered every
Frenchman amongft them. Nor did the diflreffes
of the Canadians end here. Numerous fcouts from
the Five Nations, continually infefted their borders-,
The frequent depredations that were made, prevent
ed them from the cultivation of their fields, and; a
diftreffing famine raged through the whole coun
try. Nothing but the ignorance of the Indians,.., in
the> art of attacking fortified plaees, fa ved Canada
from being now utterly cut off. It was therefore
unfpeakably fortunate to the French, that the In
dians had no affiftance from the Englifh, and as un
fortunate to us, that our colonies were then incapar
ble of affording fuccours to the Confederates^
through the malignant influence of thofe execrable
meafures, which were purfued under the infamous
reign of king- James the Second. Colonel Dongan,
whatever his" conduct might have' been in civil af
fairs, did all that he could, in thofe relating to the
Indians, and fell at laft into the King's difpleafure^
through his zeal for the true intereft of the pror
vince. «
SETyc"*, in While thefe things were tranfafting in Canada, a
favour of the fcene of the gteateft -importance was opening at
Prince 0f or New_York. A general difaffection to the govern
ment prevailed among the people. Papifts began
to fettle in the colony under the fmiles of the go
vernor. The collectorof the revenues, and feveral
principal officers, threw off the mafk, and openly
avowed their attachment to the doctrines of Rome.
A Latin fchool was fet up, and the teacher ftrongly
fufpected

N E W - Y O R K. St
fufpected for a Jefuit. The people of Long-Ifland,
who were difappointed in their .expectation of
mighty boons, promifed by the governor on his ar
rival, were become his perfonal enemies •, and in a
word, the whole body of the people trembled for '
the proteftant caufe. Here- the leaven of oppofi-
tion firft began to work. Their intelligence from
England, of the defigns there in favour of the prince
of Orange, blew up the coals of difcontent, and ele
vated the hopes of the difaffected. But no man
dared to fpring in action, till after the rupture in
Bofton. Sir Edmond Androfs, who was perfectly
devoted to the arbitrary meafures of King James,
by his tyranny in New-England, had drawn upon
himfelf the univerfal odium of a people, animated
with the love of liberty, and in the defence of it re-
folute and couragedus •, and therefore, when they
could no longer endure his defpotic rule, they feized
and imprifoned him, and afterwards fent him to
England. The government, in the mean time, was
vefted in the hands of a committee for the fafety of
the people, of which Mr. Bradftreet was cholen pre-
fident. Upon the news of this event, feveral cap
tains of our militia convened themfelves to concert
meafures in favour of the prince of Orange. A-Aaivityofja-
mongft thefe, Jacob Leifler was the moft active.cobLe'fl':r-
He was a man in tolerable efteem among the peo
ple, and of a moderate fortune, butdeftitute of eve
ry qualification neceffary for the enterprife. Mil-
borne, his fon in-law, an Englifhman, directed all
his councils, while Leifler as abfolutely influenced
the other officers. '
The firft thing they contrived, was to feize th?
garrifon in New-York; and the cuftom, at that
time, of guarding it every night by-the militia, gave
Leifler a fine opportunity of executing the defign.
He entered it with forty-nine men, and determined
to hold it till the whole militia fhould join him.
Colonel Dongan, who was about to leave the pro-
G vince,

f*. THE H I S TO R;Y O F
vince, then lay embarked in the Bay, having a little
before refigned the government ' to Francis NichqU
fon, the lieutenant-governor. The council, civil
officers, and magiftrates of the city were againft
Leifler, and therefore many of his friends were at
firft fearful of openly efpoufing a caufe difapproved
by the gentlemen of figure. For this reafon, Lei-
fler's firft declaration in favour of the prince of O-
range was fubfcribed only by a few, among fevpral
companies of the trained .bands; While the peo
ple, for four days fucceffively, were in theutmoft
perplexity to determine what part to choofe, being
folicited by Leifler on the one hand, and threatened
by the lieutenant-governor on the other, the town
Was alarmed with a report, that three fhips were.
coming up, with, orders from the prince of Orange,
This falfehood was Very feafonably propagated to
ferve the intereft of Leifler ; for on that day, the
3,d of June 1689, his party was augmented by the
addition of fix captains and 400 men in New- York,
and a company of 70 men from Eaft-Chefter, who
all fubfcribed a fecOnd declaration, * mutually co^
venantingto hold the fort for the prince.- Colonel
Dongan continued till this time in the harbour,
* I have taken an exact copy of it for the fatisfa&ipn of the
reader. " Whereas our intention, tended only but to the pre-
'' fervation of the proteflant religion, and the fort of this citty,
to the end that we may avoid and prevent, the rafh judgment
of the world, in fo jufta defign; wee have thought fitt, to
let every budy know by thefe publick proclamation, that till.
ihefafe arry\e11 of the fhips,- that wee expeft every day,.
from his Royal Highnefs the Prince of Orange, with. orders
for the government of this country in the behalf of fuch per-
fon, as the faid Royal Highnefs had chofen, and honored
with the charge of a governour, that as foon as the bearer
of the faid orders, fhall have let us fee; his power, then, and
without any delay, we fliall execute the faid orders punctu
ally ; declaring that we do intend to fubmitt and obey, not
only r.Kfe faid orders, but alfo the bearer thereof,' committed'
for the execution of the fame. In witnefs hereof we have
figned thefe prefents, the third of June 1689."

waiting

N E W - Y O R K. 9S
waiting the iffue of thefe commotions ; and Nichol-
fon's party being now unable to contend with their
opponents, were totally difperfed, the lieutenant-
governor himfelf abfconding, the very night after
the laft declaration was figned.
Leifler being now in compleat poffcffion of the
fort, fent home an addrefs to King William and
Queen Mary, as foon as he received the news of
their acceffion to the throne. It is a tedious, incor
rect, ill-drawn narrative of the grievances which the
people had endured, and the methods lately taken
to fecure themfelves, ending with a recognition of
' the King and Queen over the whole Englifh domi
nions. , This addrefs was foon followed by a private let
ter from Leifler to King William, which, in very
broken Englifh, informs his Majefty of the ftate of
the garrifon, the repairs he had made to it, and the
temper of the people, and concludes with flrong
proteftations of his fincerity, loyalty and zeal. Joft
Stoll, an enfign, on the delivery of this letter to the
King, had the honour to kits his Majefty's hand,
but Nicholfon the lieu tenant governor, and one En-
nis, an epifcopal clergyman, arrived in England be
fore him •, and by falfely reprefenting the late rnea-
fures in New- York, as proceeding rather from their
averfion to the church of England, than zeal for the
Prince of Orange, Leifler and his party miffed the
rewards and notice, which their activity for the Re
volution juftly deferved. For though the King
rriade Stoll the bearer of his thanks to the people
for their fidelity, he fo little regarded Leifler's com
plaints againft Nicholfon, that he was foon after pre
ferred to the government of Virginia. Dongan re
turned to Ireland, arid it is faid fucceeded to the
earldom of Limerick.
Leifler's hidden inveftiture with fupreme power
over the province, and the probable profpects of
King William's approbation of his conduct, could
G 2 not

84 T H E H I S T O R Y O F
not but excite the envy and jealoufy of the late coun
cil and magiflrates, who had refilled to join in the
glorious work of the Revolution; and hence the
fpring of alf their averfion both to the man and his
meafures. Colonel Bayard, and Courtland the
Mayor of the city, were at the head of his oppo
nents, and finding it impoffible to raife a party
againft him in the city, they very early retired to
Albany, and there endeavoured to foment the oppo-
fition. Leifler, on the other hand,1 fearful of their
influence, and to extinguifh the jealoufy of the peo
ple, thought it prudent, to admit feveral trufty per
fons to a participation of that power, which the mi
litia on the * ft of July had committed.folely to him
felf. In conjunction with thefe, (who, after the
.Bofton example, were called the committee of fafety)
he exercifed the government, affumjng to himfelf
only, the honour of being prefident in their coun
cils. This model continued till the month of De
cember, when a packet arrived with a letter from
the Lords Carmarthen, Hallifax, and others, di
rected " To Francis Nicholfon, Efq; or in his ab-
" fence, to fuch as for the time being, fake care for
" preferring the peace and adminiflring the' laws,
" in their Majefty's province of New-York, inA-
" merica." This letter was dated the 29th of Ju
ly, and was accompanied with another from Lord
Nottingham, dated the next day, which, after em
powering Nicholfon -to take upon him the chief
command, and to appoint for his affiftance as many
of the principal freeholders and inhabitants as he
fhould think fit, requiring alfo " to do every thino-
" appertaining to the office of lieutenant-governor^
" according to the laws and cufloms of New- York
" until further orders."
Nicholfon being abfconded when this parketeame
to hand, Leifler confidered the letter as directed to
himfelf, and from this time iffued all kinds of cOm- as

N E W - Y O R K. 2S
mifiions in his own name, affuming the title, as well
as authority of lieutenant-governor. On the 1 1 th
of December, he fummoned the committee of fafer
ty, and, agreeable to their advice, fwore the follow
ing perfons for his. council. Peter de Lanoy, Sa
muel Staats, Hendrick Janfen, and Johannes Ver-
milie, for New- York. Gerardus Beekman, for
King's County. For Queen's County, Samuel Ed-
fel ; Thomas Williams for Weft-Chefter, and Wil
liam Lawrence for Orange County.
Except the Eaftern inhabitants of Long Ifland,
all the Southern part of the colony chearfully fub-
mitted to Leifler's command! The principal free
holders, however, by refpectful r letters, gave him
hopes of their fubmiffion, and thereby prevented his
betaking, himfelf to arms, while they were privately
foliciting the colony of Connecticut, to take them
under its jurifdiction. They had indeed no averfion
to Leifler's authority in favour of any other party
in the province, but were willing to be incorporated
with a people, from whence they had originally co
lonized; and therefore, as foon as Connecticut de
clined their requeft, they openly appeared td be ad
vocates for Leifler. At this juncture the Long-
Ifland reprefentation was drawn up, which I have
more than once had occafion to mention.
The people of Albany, in the mean time, were Jhe p^p1' °fto
determined to hold the garrifon and city for King fubmit to Leif-
William, independent of Leifler, and on the 26th of '"'authority.
October, which was before the packet arrived from
Lord Nottingham, formed themfelves into a con
vention for that putpofe. As Leifler's attempt, to
reduce this country to his command, was the origi
nal caufe of the future divifions in the province, and
in the end brought about his own ruin, it may not
be improper to lee the refolution of the convention, »
a copy of which was fent down to him at large.
G 3 Peter

86 THE HISTORY OF
Peter SchuyIer„Mayor, Claes Ripfe, ") ,
Dirk Weffels, Recorder, David Schuyler, I Aldetrnen.
Jan Wendal, Albert, Ryckman, J
Jan Janfen Bleeker,
Killian V. Renflaer, JufKce, John Cuyler,.
Capt. Marte Gerritfe, Juftice, Gerrit Ryerfe,
Capt. Gerrit Teuniffe, Evert Banker, >>' .
Dirk Teuniffe, juftice, RynierBarentfe.
Lieut. Robert Saunders,
" Refolved,
" Since we are informed by perfons coming from New-
York, that Capt. Jacob Leifler is defigned to fend up a com
pany of armed men, upon pretence to affift us in this coun
try, who intend to make themfelves rri'afler of their Maje
fties" fort and this city, and carry divers perfons and chief Offi
cers of this city prifoners to New- York, and fo difquiet and
difturb their Majefties liege people, that a letter be Writ to
Alderman Levinus'Van Schaic, now at New- York, and
Lieutenant Jochim Staets, to make narrow enquity of the
bufinefs, and to fignify to the faid Leifler, that we have re
ceived fuch information ; and withal acquaint him, that?'
notwithftanding we have the affiftance of ninety- five men
from our neighbours of New-England, who are rtow gone
for, and one hundred men upon occafion, to command, from
the county of Ulfter, which we think will be fufficient this
winter, yet we will willingly accept any fuch affiftance as
they fhall be pleafed to fend for the defence of their Majefties
county of Albany : provided, they be obedient to, and obey
fuch orders and commands, as they fhall, from time to time,
receive from the convention ; and that by no means they will
be admitted, to have the command of their Majefties fort Or
this city ; which we intend, by God's affiftance, to keep and
preferve for the behoof of their Majefties William and Mary,
King and Queen of England, as we hitherto have done
fince their proclamation ; and if you hear, that they perfe-
vere with fuch intentions, fo to difturb the inhabitants of
this county, that you < then, in the name and behalf of the
convention and inhabitants of the city and county of 'Alba
ny, -proteft againft the fa^d Leifler, and all fuch perfons that
fhall make attempt, for all loffes, damages, blood-fhed, or
whatfoever mifchiefs may enfue thereon; whichyou are to
communicate with all fpeed, as you perceive their defio-n."

N E W - Y O R K. 87
Taking it for granted, that Leifler at New- York, Remark* on the
and the Convention at Albany, were equally affect- c°^,, °
ed to the Revolution, nothing could be more egre-
giouflyfoolifh, than the conduct of both parties,
whp, by their inteftine divifions, threw the province
into convulfions, and fowed.the feeds of mutual ha
tred and animofity, which, for a long time after,
greatly embarraffed the publick affairs of the colony.
When Albany declared for the Prince of Orange,
there was nothing elfe that Leifler could properly
require : and rather than facrifice the publick peace
of the province, to the trifling honour of refilling a
man who had no evil defigns, Albany ought iapru-*
dence to have delivered the garrifon into hisha«.ds,
till the King's deftnitive orders fhould arrive. But
while Leifler, on the one hand, was inebriated with
his newf-gotten power, fo on the other, Bayard,
Courtland, Schuyler, and others, could not brook a
fubrniffion to the authority of a man, mean in his
abilities, and inferior in his degree. Animated by
thefe principles, both parties prepared, the one to
reduce, if I may ufe the expreffion, the other to re
tain, the garrifon of Albany. Mr. Livingfton, a
principal agent for the convention, retired "into Con
necticut, to folicit the aid of that colony, for the pro
tection of the frontiers againft the French. , Leifler
fufpecting that they were to be ufed againft him, en
deavoured not only to prevent thefe fupplies, but
wrote letters,' to have Livingfton apprehended, as
an enemy to the reigning powers, and to procure
fuccours from Bofton, falfely reprefented the con
vention, as in the intereft of the French and King
James. Jacob Milborne was commiffioned for the re
duction of Albany. Upon his arrival there, a great
number of the inhabitants armed themfelves and re
paired to the fort, then commanded by Mr. Schuyler,
while many others followed the other members of
the convention, to a conference with him at the city-
G 4 hall.

88 THE HISTORY OF
hall. Milborne, to profelyte the crowd, declaitfied
much againft King James, popery, and arbitrary
power-, but his oratory was loft upon the hearers,
who, after feveral meetings, ftill adhered to tb^ con
vention. Milborne then advancedjwith>a few men
up to the fort, and Mr. Schuyler had theutmoft
difficulty to prevent both his own men, and the Mo*
hawks, who were then in Albany, and perfectly de
voted to his fervice, from firing upon Milborne's
party, which confifted of an inconfiderable number.
In thefe circumftances, he thought proper to retreat,
and foon after departed from Albany. In the fpring,
he commanded another party Upon the fame errand,
and the diftrefs of the country on; an Indian irrup
tion, gave him all the defired' fuccefs. .Nck fooner
was he poffeffed of the garrifon, than moft. of the
principal members of. the convention abfeonded.
Upon which, their effects were arbitrarily feized
and confifcated, which fo highly exafperated the
fufferers, that their pofterity, to this day,- cannot
fpeak of thefe troubles,: without, the bitterefl invec
tives againft Leifler and all his adherents, e
tr^eo "l^of" *n ^e 'midft of thofe inteftine confufions at New-
New-EngUna York, the people of New-England were engaged in
Indians eafter" a war w*tn tne Owenagungas, Ourages, and Peno-
coks. Between thefe and the Schakook Indians,
there was then a friendly communication, and the
fame was fufpected of the Mohawks, among whom
fome of the Owenagungas had taken fanctuary."
A conference This gave rife to a conference between feveral com-
cVonfederateVna- miffioners from Bofton, Plymouth, and Connecticut,
tionsat Albany, an(i the Five Nations, at Albany, in September
9' 1689, the former endeavouring to engage the latter,
againft thofe eaftern Indians who were then at war
with the New-England colonies. Tahajadoris, a
Mohawk Sachem, in a long oration, anfwered the
Englifh meffage, and however improbable it may
feem to Europeans, repeated all that had been faid
the preceding day. The art they have, in affifting their

- N E W - Y O R K. '.' 8^
their memories is this. ' The Sachem who prefides^
has a bundle of flicks prepared for the purpbfe, and
at die clofe of every principal article of the meffage>
delivered to them, gives a flick1 to another Sachem
charging him with the remembrance of it. By this
means the orator, after a previous conference with
the Indians, lis pfepared to jrepeat every part of the
meffage, andigive it its -proper reply. This cuftom
is invariably purfued in all their publick treaties.
The conference did not anfwer the expectation of
the people of New-England, the Five Nations dif-
covering a great difinclination to join in the hoftili-
ties' againft the Eaftern- Indians. To atone for
which, they gave the higheft proteftations of their
willingnefs to diftrefs the French, againft whom the
Englifh. had declared war j on the 7th of May pre
ceding. That part of the fpeech ratifying their
ifriendfhip, with the Englifh colonies, is fingularly
expreffed. ," We promife to preferve the chain in-
" violahly, and wifh that the fun may always fhine
" in peace, over all our heads that are comprehend-
" ed in this chain. * We give two belts. One for
" the fun, :and the other for its beams. We make
" faft the roots of the tree of peace and tranquility
" which is planted in this place. Its roots extend
" as far as the utmoft of your colonies, if the
" French fhould come to fhake this tree, we would
" feel it by the motion of its roots, which extend
" into our country. But we truft it will not be in
" the Governor of Canada's power to fhake this
" tree, which has been fo firmly, arid long planted
" with us."
Nothing could have been more advantageous to
thefe colonies, and efpecially to New- York, than
* The Indian conception of the league between them and
us, is couched under the idea of a chain extended from a fliip
to a tree, and every renewal of this league they call brighten
ing the chain. the

^o THE. HISTORY OF
the late fuccefs of the Five Nations againft Canada.
The miferies to whidh the French were reduced,
Tendered us fecure againft their inroads,' till the work
of the Revolution was in a great meafure accom-
plifhed ; and to their diftrefied condition We muft
a defign of the principally afcribe the defeat of the French defign,
FuerCtbe° <ro- aD0U': mis time, to make a conqueft of the province.
vince of New- De Calliers, who went to France in 1688, firft pro-
Vork. jected the fcheme;* and the troubles in England
encouraged the French court to make the attempt.
Caffiniere commanded the fhips, Which failed for
that purpofe from Rochfort ; fubject, neverthelefs',
to the Count De Frontenac, who was genera} of the
land forces, deftined to march from Canada by the
rout of Sorel-River and the Lake Champlain. ' The
. fleet and troops arrived at Chebucta, the \ place of
rendezvous, in September ; from whence the Count
proceeded to Quebeck, leaving orders with Caffi
niere to fail for New- York, and continue in the bay,
in fight of the city, but beyond the fire of our
cannon, till the ifl of December: when, if he re
ceived no intelligence from him, he was ordered to
return to France, after unlading the ammunition,
ftores, and provifions at Port-Royal. y The Count
was in high fpirits, and fully determined upon the
enterprife, till he arrived at Quebeck •, where the
news of the fuccefs of the Five Nations againft
Montreal, the lofs of his favourite fort at LakeOn-
tario, and the advanced feafon of the year, defeated.
his aims, and broke up the expedition. De Non-
* Charlevoix has publifhed an extract of the memorial pre-
fented to the French King. The force demanded for this en
terprife, was to confift of 1 300 regulars and 300 Canadians.
Albany was faid to be fortified only by an incloiure of ftocka-
does, and a little fort with four baftions ; and that it contained
but_ 150 foldiers and 300 inhabitants.. That New- York the
capital of the province was open, had a ftone fort with four ba-
lhons, and about 400 inhabitants, dividedinto eight companies.
f Now Annapolis. ville

N E W - Y O R K. $t
ville, who was recalled, carried the news of this dif- lht Count. of
' ... Frontenac fuc-
appointment to the Court of France, leaving the ceeds tothe go-
chief command of the country in the hands ofCount,er,nmentof Ca"
Frontenac. This gentleman was a man of courage,
arid well acquainted with the affairs of that country.
He Was then in the 68 th year of his age, and yet fo
far from 'confulting his eafe, that in a few days after
he landed at Quebec, he re-embarked in a canoe for
Montreal, where his prefence was abfolutely neceffa-
ry, to animate the inhabitants and regain their In
dian alliances. Awer, between the Eno-lifh and^rarwitn
French crowns, being broke out; the Count betook
himfelf to every art, for concluding a peace between
Canada and the Five Nations ; and for this pur-
pole, the utmoft civilities were fhewn to Taweraket
and the other Indians, who had been fent to France The French en-
by De Nonville, and were now returned. Three of ^'™re t°.&'">
thofe Indians, who doubtlefs were ftruck with the Nations to their
grandeur and glory of the French monarch, were1 ntereft*
properly fent on the important meffage of conciliat
ing the friendfhip of the Five Nations. Thefe,
agreeable to our alliance, fent two Sachems to Alba- a great council
ny, in December, with notice, that a council for that lt Onondaga.
purpofe was to be held at Onondaga. It is a juft J^.zz. 1690.
reflection upon the people of Albany, that they re
garded the treaty fo flightly, as only to fend four
Indians and the interpreter with inftructions, in their
name, to diffuade the confederates from a ceffation
of arms ; while the French, on the other hand, had
then a Jefuit among the Oneydoes. The council be
gan on the 22d of January 1690, and confuted of
eighty Sachems. Sadekanaghtie, an Onondaga
chief, opened the conference. The whole was ma
naged with great art and formality, and concluded
in fhewing a difpofition to make peace with the
French, without perfecting it ; guarding, at the
fame time, againft giving the leaft umbrage to the
Encrlifh.
Among

o

9* THE HISTORY OF
Among other meafures to detach the Five Na
tions from the Britifh intereft, and raife the deprefled
fpirit of the Canadians, the Count De Frontenac
thought proper to fend out feveral parties againft
the Englifh colonies. D'Aillebout, De Mantel and
Le Moyne commanded that againft New- York,
confifting of about two hundred French and fome
Caghnuaga Indians, who being profelytes from the
Mohawks, were perfectly acquainted with that.
country. Their orders were, in general, to attack ,
TheFrench fur- New-York ; but purfuing the advice of the Indians^
5v.'eFete"?o."they refolved, inftead of Albany, to furprife Sche
nectady, a village feventeen miles north-weft from
it, and about the fame diftance from the Mohawks.
The people of Schenectady, though they had been
informed of the defigns of the enemy, werex in the
greateft fecurity ; judging it impracticable for any
men to march feveral hundred miles, in the depth of
winter, through the fnow, bearing their provifions
on their backs. Befides* the village was in as much
confufion as the reft of the province ; the officers,
who were polled there, being unable to preferve a
regular watch, or any kind of military order. Such
was the ftate of Schenectady, as reprefented by Co
lonel 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 neighbouring colonies,,
concerning this defcent upon Schenectady, dated the
15th of February 1689-90, 1' have now lying before
me, under his own hand.
After two and twenty days march, the enemy fell
in with Schenectady, on the 8 th of February ; and
were reduced to fuch freights, that they had thoughts.
of furrendering themfelves prifoners of war. But
their fcouts, who were a day or two in the village
entirely unfufpeded, returned with fuch encourag
ing 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

N E W - Y O R K. fo
the gates, which were found unfhut; and, that eve
ry houfe might be invefted at the fame time, divided
into fmall parties of fix, or feven men. The inhabi
tants were in a profound fleep, and unalarmed, till
their doors were broke open. Never were people in
a more wretched confternation. Before they were
rifen from their beds, the enemy entered their hou
fes; and began the perpetration of the moft inhu
man barbarities. No tongue, fays Colonel Schuyler, Their cruelty to
'can exprefs the cruelties that were committed. Thethe innablUata-
whole village was inflantly in a blaze. Women with
child ripped open, and their infants call into the
flames, or dafhed againft the pofts of the doors.
Sixty perfons perifhed in the maffacre, and twenty-
kven were carried into captivity. The reft fled na
ked towards Albany, through a deepfnow which fell
that very night in a terrible florm ; and twenty-five
of thefe fugitives loft their limbs in the flight thro'
the feverity of the froft. The news of this dread
ful tragedy reached Albany about break of day;
and univerfal dread feized the inhabitants of that
city, the enemy being reported to be one thoufand
four hundred ftrong. A party of horfe was imme
diately difpatched to Schenectady, and a few Mo
hawks then in town, fearful of being intercepted,
were with difficulty fent to apprife their own caftles.
The Mohawks wereunacquainted with this bloody
Tcene, till two days after it happened ; our meffen-
gers being fcarce able to travel through' the great ,
depth of the fnow. The enemy, in the mean time,
pillaged the town of Schenectad)' till noon the next
day; and then went off with their plunder, and about
forty of their 'beft horfes. The reft, with all the
cattle they could find, lay flaughtered in the ftreets.
The defign of the French, in this attack, was to
alarm the fears of our Indian allies, by fliewing that
we were incapable of defending them. Every art
alio was u fed to conciliate their friend'ihip, for they
• ' not only ijpared thofe Mohawks who were found in
Schenectady,

94

THE HISTORY OF
Schenefrady, but feveral other particular perfons,
in compliment to the Indians, who requefted that fa
vour. Several women and children were ¦ alfo re*
leafed at the defire of Captain Glen, to whom the
French offered no violence; the 'officer declaring he
had ftrict orders againft it, on the fcore of his wife's
civilities to certain French captives in the time of
Colonel Dongan.
The rive Na- The Mohawks, confidering the cajoling arts ' of
fluhfTttthe the French; and that the Caghnuagas who were
Englifli. with them, were once a part of their own body; be
haved as well as could be reafonably expected.
They joined a party of young men from. Albany,
fell upon the rear of the enemy, and either killed of
captivated five and twenty. Several Sachems, in
the mean time, came to Albany, and very affectingly
addreffed the inhabitants, who were juft ready to
abandon the country; urging their flay, and excitr
ing an union of all the Englifh colonies againft Ca
nada. Their fentiments concerning the French,
appear from the following fpeech of condolance.
" Brethren, we do not think, that what the French
" have done can be called a victory: it is only afar-
" ther proof of their cruel deceit: the governor of
" Canada fent to Onondaga, and talks to us of
" peace with our whole houfe ; but war was in his
" heart, as you now fee by wof til experience. He
" did the fame, formerly, at Cadaracqui, and in the
" Sennecas country. This is the third time he has
" acted fo deceitfully. . He has broken open oUr
" houfe at both ends ; formerly in the Sennecas
" country, and now here. We hope however to be
" revenged of them."
Agreeable to this declaration, the Indians foon
after treated the Chevalier D'Eau and the reft of
the French meffengers, who came to conclude the
peace propofed by Taweraket, with the utmoft in
dignity ; and afterwards delivered them up to the
a Englifh.

N K W.,- Y O R K. )s,
Englifh. Befides this, their fcouts harrafied the
borders of the enemy and fell upon a party of French
and Indians, in the river, about one hundred and
twenty miles above Montreal, under the corrimand
of Louvigni, a captain who was" going to Miffiiima-
kinac, to prevent the conclufion of the peace, be
tween the Utawawas and Quatoghies,* with the Five
Nations. The lofs in this fkirmifh was nearly equal
on both fides. One of our prifoners was delivered
to the Utawawas, who eat him. In revenge for this
barbarity, the Indians attacked the ifland of Mon
treal at Trembling Point, and killed an officer and
twelve men ; while another party carried off about
fifteen prifoners taken at Riviere Puante, whom they
afterwards flew through fear of their purfuers, and
others burnt the French plantations at St. JEurs. An expedition
But what rendered this year moft remarkable, was a^n* <^eb£c»
the expedition of Sir William Phips againft Quebec, s^wmiam y
He failed up the river with a fleet of thirty-two failt>hiP?s.ini69°'
and came before the city in October. Had he im
proved his time and ftrength, the conqueft would
have been eafy; but by fpending three days in idle
confultations*, the French governor brought in his
forces, and entertained fuch a mean opinion of the
Englifli knight, that he not only defpifed his fum-
mons tofurrender, but fent a verbal anfwer, in which
he called King William an ufurper, and poured the
utmoft contempt upon his fubjects. The meflen-
ger who carried the fummons infilled upon a written
anfwer, and that within an hour ; but the Count
De Frontenac abfolutely refilled it, adding " I'll '
" anfwer your mafter by the-mouth of my cannon,
" that he may learn that a man of my condition is
" not to be fummoned in this manner." Upon this,
Sir William made two attempts to land below the
town, but was repulfed by the enemy, with confide
rable lofs of men, cannon,.and baggage. Several of
the fhips alfo cannonaded the city, but without any
fuccefs.

f6 THE" HISTORY .OF
fuccefs. The forts at the fame time returned the fire,'
and obliged them to retire in diforder. The French
writers, in their accounts of this expedition, univer-
fally cenfure the conduct of Sir William, though.
they confefs the valour of his troops. La Horitan,'
who was then at Quebec, fays, he could not have
acted in a manner more agreeable to the French, if
he had been in their intereft.*
* Dr. Colden'fuppofes this.attack was made upon Quebec',
in 1691, buthe is certainly mi (taken : fee Life of Sir William
Phipps publifhed at London in 1697. OldmixonVBrit. Em
pire, and Charlevoix. ¦ i
Among the caufesof the ill fuccefs of the fleet, the author of
the life of Sir William Phipps, mentions the negle'clof the con
joined troops of New-York, Connecticut, and the Indians, to*
attack Montreal, according to the original plan of operations.-
He tells us that they inarched to the lake, but there found
themfelves unprovided with battoes, and that the Indians were
difTuaded from the attempt. By what authority thefe aflertions
may be fuppor-tad, I know not. Charlevoix fays ourarmy was
difappointed in the intended .diverfion, by the fmallrpox, which
feized the camp, killed three hundred men, and terrified our
Indian allies.

THE

The
HISTORY O F
N E W-Y O R K.
PART III.
From the Revolution to the fecond Expedition againft
Canada.
WHILE our allies were faithfully exert- colonel siough-
ing themfelves aeainft the . common teris mf\w
o vernor of the
enemy, colonel Henry Sloughter, who province, in
had a commiffion to be governor of this province, Mli:ch> ,6?I#
dated the 4th of January 1689, arrived here, and
publifhed it on the 19th of March 1691. Never
was a governor more neceffary to the province,
than at this critical conjuncture ; as well for recon-
•ciling a divided people, as for defending them
againft the wiles of a cunning adverfary. But
either through the hurry of the king's affairs, or
the powerful intereft of a favourite, a man was
fent over, utterly deftitute of every qualification for
government, licentious in his morals, avaricious,
and poor. The council prefent at his arrival
were Jofeph Dudley, Gabriel Mienville,
Frederick Philipfe, Chudley Brook,
Stephen Van Courtland, Thomas Willet,
William Pinhorne.
H If

98 THEHISTORYOF
If Leifler had delivered the garrifon to colonel
Sloughter, as he ought to have done, . upon his
firft landing, befides extinguifhing, in a great de
gree, the animofities then fubfifting, he would,
doubtlefs, have attracted the favourable notice,
captain Leifler both of the governor and 'the crown. But being
"^thefortto"3 weak man» ne ^as *° intoxicated with the love
governor of power, that though he had been well informed
sloughter. 0£ sioughter's appointment to the government, he
not only fhut himfelf up in the fort with Bayard
and Nichols, whom he had, before that time, im-
prifoned, but refufed to deliver them up, or, to
furrender the garrifon. From this moment, he loft
aU credit with the governor, who joined the other
party againft him. On the fecond demand of the
fort, Milborne and Delanoy came out, under pre
tence of conferring with his excellencys but in re
ality to difcover his defigns. Sloughter, who con-
fidered them as rebels, threw them both into goal.
Leifler, upon this event, thought proper to aban
don the fort, which colonel Sloughter immediately
entered. Bayard and Nichols were now releafed
from their confinement, and fworn of the privy
council. Leifler haying thus ruined his caufe,
was apprehended with many of his adherents, and
a commiffion of Oyer and Terminer iffued to Sir
Thomas Robinfon, colonel Smith, and others, for
their trials.
Trial of captain In vain did diey plead the merit of their zeal for
So^hifih -ki"g Willia-^' finG? theX had fo ktely pppofed his
treafon. governor. Leifler, in particular, endeavoured to
juftify his conduct, infilling that lord Notting
ham's letter entitled him to act in the quality of
lieutenant governor. Whether it was through
ignorance or fycophancy, I. know not : but the
judges, inftead of pronouncing their own fentiments,
upon this part of the prifoner's defence, referred it

*art hi. N E W-Y O k K; ^
it to the governor and council, praying their opi
nion, whether that letter " or any other letters, or
" papers, in the packet from White-Hall, can be
'* underftood, or interpreted, to be and contain,
" any power, or direction to captain Leifler^ to
" take, the government of this province upon him-
*' felf, or that the adrmniftration thereupon be hol-
" den good in-law." The anfwer was, as might
have been expected, in the negative ; and Leifler
and his fon were condemned to death for high-trea- h« cc-ndemna-
fon. Thefe violent meafures drove many of thetlon'
inhabitants, who were fearful of being apprehended,
in to -the neighbouring colonies, which fhortly after
bccafioned the pafiing an act of general indemnity.
From the furrender of the province to the year
i68s, the inhabitants were ruled by the duke's eo- The duk<= °f
,,. .-, 1 r _ ¦ York's laws.
vernors and their councils, who, from time to time,
made rules and orders, which were efteemed to be
binding as laws. Thefe, about the year 1674, were
regularly collected under alphabetical titles ; and
a fair copy of them remains amongft our records,
to this day. They are commonly known by the
hame of The Duke's Laws. The title page of the
book, written in the old court hand, is in thefe bald
words* . jus
NOV-ffi EBORACENSIS VEL,
tEGES ILLUSTRISSIMO PRINCIPE J^COBI DUCE
EBORACI ET ALBANY, etc.
INSTITUTE ET ORDINATE,
AD OBSERVANDUM IN TERRITORIIS AMERICA J
TRANSCRIPTS
ANNO DOM INI
MDCLXXIV. H 2 Thefe

,60 THE HIS TO R Y OF
Afts of the firft Thofe acts, which were made in 16S3, and after
Aflembiy held thg duke»s accefn0n to the throne, when the people
were admitted to a participation of the legiflative
power, are for the moft part rotten, defaced, or.
loft. Few minutes relating to them remain on the
council books, and none in the journals of the
houfe. As this affembly, in 1691, was the firft after
the revolution, it may not be improper to take fome
particular notice of its tranfactions *.
An afiimbiy. It began the 9th of April, according to the writs
April 9, 1691. Qf fumrrions jfJued 0n the 20th of March preceding.
The journal of the houfe opens with a lift of the
members returned by the fheriffs.

City and County of New-York.
James Graham,
William Merret,
Jac. Van Courtlaodt,
Johannes Kipp.
City and County of Albany.
Derrick WefTels,
Levinus Van Scayck,
County of Richmond
Elias Dulcefbury,
John Dally,
County of Weft Chefter.
John Pell.

County of Suffolk.
Henry Pierfon,
Matthew Howell.
Vlfter and Dutchefs County.
Henry Beekman, ;
Thomas Garton.
Shteen's County.
John Bound,
Nathaniel Percall,
King's County.
Nicholas Still well,
John Poland.

* All laws made here, antecedent to this period, are
difregarded both by the legiflature and the courts of law. In
the collection of our a&s publifhed in 1752, the compilers, were

The

.part in. NEW-YORK. 101
The members for Queen's county, being Qua
kers, were afterwards difmiffed, for refufing the
oaths directed by the governor's commiffion, but
all the reft were qualified before two commiffioners
appointed for that purpofe.
James Graham was elected their fpeaker, and
approved by the governor.
The majority of, the members of this affembly
were againft the meafures, which Leifler purfued
in the latter part of his time, and hence we find
the houfe, after confidering a petition, figned by
fundry perfons againft Leifler, unanimoufly refol-
ved, that his diffolving the late convention, and
imprifoning feveral perfons, was tumultuous, ille
gal, and againft their Majefties right, and that the
late depredations on Schenectady, were to be at
tributed to his ufurpation of all power.
They refolved, againft the late forcible feizures
made of effects of the people, and againft the levy
ing of money on their Majefties fubjects. And as
to Leifler's holding the fort againft the governor,
it was voted to be an act of rebellion.
The houfe having, by thefe agreeable refolves,
prepared the way of their accefs to the governor,
addreffed him in thefe words :
" May it pleafe your Excellency,
" We their Majefties molt dutiful and loyal fub-
<v jects, convened, by their Majefties moft gracious
" favour, in general affembly, in this province,
" do, in all moft humble manner, heartily congra-
" tulate, your Excellency, that as, in our hearts,
J--J 9 " we An adJ.efs

tne governor.

directed to begin at this afTembly. The validity of the old
grants of the powers, of government, in feveral American co
lonies, is very much doubted in this province.

102

THE HI S TO R Y OF
ff we do abhor and deteft all the rebellious, arbir
" trary and illegal proceedings of the late ufurpers
" of their Majefties- authority, oyer this province,
" fo we do, from the 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 Majefties fubjects
*' here, but by their Majefties authority, 'Which is
" now placed in your Excellency ; and therefore
*' we do folemnly declare, that we will, with our
" lives and fortunes, fupport and maintain, the
" adminiflration of your Excellency's government,
" under their Majefties, againft all their Majefties
" enemies whatfoever : and this we humbly pray
" your Excellency to accept, as the fincere ac-
" knowledgment of all theii Majefties good fub-
" jects, 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 excellent
" conftitution of governingtheir fubjects by' a ge-
*' neral afiembly."
Before this houfe proceeded to pafs any acts,
a, refoiufion they unanimoufly refolved, " That all the laws
concerning aii « confented to by the general affembly, under
sfredTnthspro-" James duke of York, and the liberties and pri-
vince. « yileges therein contained, granted to the people,
" and declared to be their rights, not being ob-
?' ferved, nor ratified and approved by his royal
" highnefs, nor the late king, are null and void,
" and of none effeft ; -and alfo, the feveral ordi-
*« nances, made by the late governors and coun-
V cils, being contrary to the conftitution of Eng-
*' land, and the practice of the government of their
t' Majefties other plantations in Ameriea, are like-
W wife null and void, and of no effeft, nor force,
£ within this province."
Among

part in. NEW-YORK. 103
Among the principal laws enacted at this feffion, An a<a for efta-
we may mention that for eftablifhing the revenue, "'Vel«.the
which was drawn into precedent. The fums raifetl
by it, were made payable into the hands of the re
ceiver-general, and iffued by the governor's war
rant. By this means the governor became, for a
feafon, independent of the people, and hen.ce we
find frequent inftances of the affemblies contending
with-him for the difcharge of debts to private per
fons, contracted on the faith of government.
Antecedent: to the revolution, innumerable were
the controverfies relating to publick townfhips and
private fights; and hence an act was now paffed,Anaa fo.rthei,
rr ^ r • r 1 confirmation of
for the confirmation or antient patents and grants, antient patents
intended to put an end to thofe debates. A law was and &*ats-
alfo paffed for the eftablifhment of courts of juftice,
though a perpetual act had been made to that pur-
pofe in 1683, and the old court of affize entirely
diffolved in 1684. As this enacted in 1601, was Courts of juf-
a temporary law, it may hereafter be difputed, as tl<:e'
it has been already, whether the prefent eftablifh
ment of our courts, for general jurifdict ion, by an
ordinance, can confift even with the preceding act,
or the general rules of law. Upon the erection of
the fupreme court, a chief juftice, and four affift-
ant judges, with an attorney general, were appoint
ed. The chief juftice, Jofeph Dudley, had a fa-
lary of 130I. per annum : Johnfon the lecond judge
iool. and both were payable out of the revenue;
but William Smith, Stephen Van Courtlandt, and
William Pinhorne, the other judges, and Newton
the attorney- general, had nothing allowed for their
fervices. It has, more than once, been a fubject of ani
mated debate, whether the people, in this colony,
have a right to be reprefented in affembly, or whe
ther it be a privilege enjoyed, through the grace of
the

104 THE HIS, TORY OF
the crown. A memorable act paffed this feflion,
virtually declared in favour of the former opinion,
upon that, and feveral other of the principal and
diftinguifhing liberties of Englifhmen. It muft,
neverthelefs, be confeffed, that king William was
afterwards pleafed to repeal that Jaw, in the year
1697*. Colonel Sloughter propoftd, immediately after
the feffion, to fet out to Albany, but as Leifler's
party were enraged at his imprifonment, and the
ate fentence againft him, his enemies were afraid
lew troubles would fpring up in the abfence of the
governor; for this reafon, both the affembly and
council advifed that the prifoners fhould be imme
diately executed. Sloughter, who had no inclina
tion to favour them in this requeft, chofe rather to
delay fuch a violent ftep, being fearful of cutting
off two men, who had vigoroufly appeared for the
king, and fo fignally, contributed to the revolution.
Nothing could be more difagreeable to their ene
mies, whofe intereft was deeply concerned in their
deftruction. And therefore, when ho other meafures
could prevail with the governor, tradition informs
us, that a fumptuous feaft was prepared, to which
Col. Sloughter was invited. When his Excellency's
reafon was drowned in his cups, the entreaties of the
company prevailed with him to fign the death war-
Execution of rant, and before he recovered his fenfes, the prifo-
"^"oVmYi- ners were executed. Leifler's fon afterwards car-
bome. ried home a complaint to king William, againft
the governor. His petition was referred, accord
ing to the common courfe of plantation affairs, to
the lords commiffioners of trade, who, after hear
ing the whole matter, reported on the nth of
* It was entitled, " An aft declaring what are the rights
" amd privileges of their Majefties fubjefts inhabiting within
*f their province of New- York." March

TART 111. NEW-YORK. - W£
March 1692, " That they were humbly of opinion,
" that Jacob Leifler and Jacob Milborne deceafed,
'¦' were condemned and had fuffered according to
" law." Their lordfhips, however, interceded for
their families, as fit objects of mercy, and this in
duced queen Mary, who approved the report, on
the 1 7th of March, to declare, " That upon the
" humble application of the relations of the faid
" Jacob Leifler and Jacob Milborne deceafed, her
" Majefly will order the eftates of Jacob Leifler
" and Jacob Milborne, to be reftored to their fa-
" milies, as objects of her Majefty's mercy." The
bodies of thefe unhappy fufferers were afterwards
taken up and interred, with great pomp, in the
old Dutch church, in the city of New- York. Their
eftates were reftored to their families, and Leifler's
children, in the publick eftimation, are rather dig
nified, than difgraced, by the fall of their anceftor.
Thefe diffractions, in the province, fo entirely Indian aftain.
engroffed the publick attention, that our Indian
allies, who had been left folely to contend with the
common enemy, 'grew extremely difaffected. The
Mohawks, in particular, highly relented this con
duct, and, at the inftance of the Caghnuagaes, fent
a meffenger to Canada, to confer with count Fron
tenac about a peace. To prevent this, colonel
Sloughter had an interview at Albany, in June,
with the other four nations, who expreffed their joy
at feeing a governor again in that place. They
told him, that their anceftors, as they had been in
formed, were greatly furprized at the arrival. of the
.irft fhip in that country, and were curious to know
what was in its huge belly. That they found
»hriftians in it, and one Jacques, with whom they
nade a chain of friendfhip, which they had pre-
ferved to this day. All the Indians, except the
Mohawks, allured' the governor at this meeting, of

to6 T H E H I S T OfR Y O F ,,,,
of their resolution to profecute the war. The Mo-
> hawks confeffed their negotiations with the French,
that they had. received a belt from Canada, and
prayed the advice of the governor, and afterwards
renewed their league with all our colonies.
Death of coi. Sloughter foon after returned to New- York, and,
f3n%"' J"ly ended a fhort, weak, and turbulent admimftration,
for he died fuddenly on the 23d of July 1 691.
Some were not without fufpicions, that he came un
fairly to his end, but the certificate of the phyfician
and furgeons who opened his body, by an orcer of
council, confuted thefe conjectures, and his remains
were interred in Stuyvefant's vault, next to thofe
of the old Dutch governor.
At the time of Sloughter's deceafe, the govern
ment devolved, according to the late act for de
claring the rights of the people of this province, on .
the council, in which Jofeph Dudley had a right to
The govern- prefide ; but they committed the chief command to
»eDt°f"the5"9" Richard Ineolfby, a captain of an independent
Tince is com- O J » r . • r_
mitted to cap- company, who was f worn into the office or preii-
uin ingoiiby. denI; oq the a6tn 0f juiy l6g8# Dudley, foon af
terwards, returned to this province, from Bofton,
but did not think proper to difpute Ingolfby's au
thority, though the latter had no title, nor the
greateft abilities for government, and was befides
obnoxious to the party who had joined Leifler, hav
ing been an agent in the meafures which accom-
plifhed his ruin. To the late troubles, which were
then recent, and the agreement fubfifting between
the council and aflembly we muft afcribe it, that
the former tacitly acknowledged Ingolfby's right to
the prefident's chair ; for they concurred with him,
in paffing feveral laws, in autumn and the fpring
following, the validity of which have never yet
been difputed. This

Part in. N E W-Y ORE. I07
This fummer major Schuyler*, with a party of Major Schuyler
Mohawks, paffed through the lake Champlain, ™^™Fa^
and made' a bold irruption upon the French fettle- fettiements near
ments, at the north end of it. f De Callieres, thelak?cham?lail>*
governor of Montreal, to oppofe him, collected a
fmall army, of eight hundred men, and encamped
at La Prairie. Schuyler had feveral conflicts with
the enemy, and flew about three hundred of them,
which exceeded in number his whole party. The
French, afhamed of their ill fuccefs, attribute it to
the want of order, too many defiring to have the
command. But the true caufe was the ignorance
of their officers in the Indian manner of fighting.
They kept their men in a body, while ours pofted
thernfelves behind trees, hidden from the enemy.
Major Schuyler's defign, in this defcent, was to
animate the Indians, and preferve their enmity with
the French. They, accordingly, continued their
hoftilities againft them, and, by frequent incurfions,
kept the country in conftant alarm.
In themidft of thefe diftreffes, the French go- ^^rf
vernor preferved his fprightlinefs and vigour, ani- againft the in-
mating every body about him. After he haddians*
ferved himfelf of the Utawawas, who came to trade
at Montreal, he fent them home under the care of
a captain and one hundred and ten men ; and to fe
cure their attachment to the French intereft, gave
them two Indian prifoners, and, befides, fent very
confiderable prefents to the weftern Indians, in
* The French, from his great «dnfluence at Albany, and
activity among the Indians, concluded that he was governor
of that city ; %and hence, their hiftorians honour him with that
title, though he was then only mayor of the corporation.
*• Pitre Schuyler (fays Charlevoix) etoit unfort honnete homme."
f Dr. Colden relates it as a tranfaftion of the year 169 1,
which is true: but he fuppofes it was before Sir William
Phips's attack upon Quebeck, and thus falls into ananachro-
nifm, of a whole year, as I have already obferved. and

108 THE HI. STORY OF
their alliance. The captives were afterwards burnt.
The Five Nations, in the mean time, grew more
and more incenfed, and continually haraffed the
French borders. Mr. Beaucour, a young gentle
man, in the following winter, marched a body of
about three hundred men to attack them at the
ifth'mus, at Niagara. Incredible were the fatigues
they underwent in this long march over the fnow,
bearing their provifions on their backs. Eighty
^ men, of the Five Nations, oppofed the French
party and bravely maintained their ground, till
moft of them were cut off. In return for which,
the confederates, in fmall parties, obftructed the
paffage of the French through lake Ontario, and
, the river iffuing out of it, and cut off their com
munication with the weftern Indians. An Indian
called Black Kettle, commanded in thefe incur-
fions of the Five Nations, and his fucceffes, which
continued the whole fummer, fo exafperated the
cruelty of th« Count, that he ordered an Indian prifoner to bq
French go- burnt alive. The bravery of this favape was as
vernor of Ca- / . . O .
nada, to an in- extraordinary, as the torments inflicted on him were
dian pnfoner. Cwe\^ He fung his military achievements with
out interruption, even while his bloody executioners
practifed all poffible barbarities. They broiled his
feet, thruft his fingers into red hot pipes, cut his
joints, and twifted the finews with bars of iron.
After this his fcalp was ripped off, and hot fand
poured on the wound.
a conference jn June 1 692, captain Ingolfby met the Five
Nations'atAi- Nations at Albany, and encouraged them to perfe-
bany, in June, vere \n the war. The Indians declared their enmity
to the French, in the ftrongeft terms, and as hear
tily profeffed their friendfhip to us. " Brother
" Corlear, faid the Sachem, We are all fubjects 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

• N E W - Y O R K. lV9
not forget, at this interview, to condemn the in
activity of the Englifh, telling them, that the de-
ftruction of Canada would not make one fummer's
work, againft their united ftrength, if vigoroufly
xaerted. Colonel Benjamin Fletcher arrived, with a com- fn0/e'rsF,^tcherthe
miffion to be Governor, on the 29th of Auguft, government of"
1692, which was publifhed the next day, before 'Ahe provinc!'
• u r in • 1 • •. 3 " Aug. 29, i6qz.
the following members, in council:
Frederick Philipfe, Stephen Van Court-
landt,
Nicholas Bayard, Gabriel Mienville,
Chudley Brooke, William Nicoll,
Thomas Willet, Thomas JohnHon*

William Pinhorne, one of that board, being a changes in th«
non-refident was refufed the oaths; and Jofeph ;Z^°! ^
Dudley, for the fame reafon, removed, both from
his feat in council, and his office of Chief Juftice ;
Caleb Heathcote and John Young fucceeded them
in council ; and William Smith was feated, in Dud
ley's place, on the bench,
Colonel Fletcher brought over with him a pre
fent to the colony of arms, ammunition, and war
like ftores ; in gratitude for which, he exhorted the
council and affembly, who were fitting at his arri- .
val, to fend home an addrefs of thanks to the King. ^n »ddr<^of
It confifts, principally, of a reprefentation of the from the-airem-
great expence the Province was continually at to b'y t0 tiu Kir's-
defend the frontiers, and praying his Majefty's di
rection, that the neighbouring colonies might be
compelled to join their aid, for the fupport of Al
bany. The following paffage in it fhews the fenfe
of the legiflature, upon a matter which has fince
been very much debated. " When thefe countries
" were poffefTed by the Dutch Weft-India compa- ari^T^m'the
'• riy diminution of
' ' the extent of the
province.

HO THE HISTORY OF
" ny, they always had pretences (and had the rhoft
" part of it within their actual jurifdiction) to all
" that tract of land (with the ifland's adjacent) ex-
*' tending, from the Weft fide of Connecticut ri-
" ver, to the lands lying on the Weft fide of Dela-
" ware bay, as a fiiitable portion of land for one
" colony or government ; all which, including the
" lands on the Weft of Delaware bay or riverj
sl were in the Duke of York's grant, from his Ma-
'* jefty King Charles the fecond, whofe governors
" alfo poffeffed thofe lands on the Weft fide of De-
** laware bay or river. By feveral grants as well
" from the Crown, as from the Duke, the faid pro-
" vince has been fo diminifhed, -that it is now de-
" creafed to a very few towns and villages ; the
" number of men fit to bear arms, in the whole gq-
" vernment, not amounting to 3000, who are all
" reduced to great poverty."
Governor Fletcher was, by profeffion a foldier* a man of
Fletcher's cha- ftrong paffions, andinconfiderable talents, very ac
tive, and equally avaricious. Nothing could be
more fortunate to him, than his early acquaintance
with Major Schuyler, at Albany, at the treaty, for
confirmation of the Indian alliance, the fall after
his arrival. No man, then in this province, under-
ftood the ftate of our affairs with the Five Nations
M8jorSchuyier'sbetter than MaJor Schuyler. He had fo great an
great merit, and influence over them, that whatever Quider*, as they
Ihe7nd?an7r called-him, recommended or difapproved, had the
force of a law. This power over them was fup
ported, as it had been obtained, by repeated offices
of kilidnefs ; and his lingular bravery and activity
irrthe defence of his country. Thefe qualifications
rendered him fingularly ferviceable and neceffary,
both to the province and the governor. For this
* Inftead of Peter which they could not pronounce. reafon,

NEW-YORK. ,„
reafon, Fletcher took him into his confidence, and,
on the 25th of October, raifed him to the council
board. Under the tutelage of Major Schuyler, the
Governor "became daily more and more acquainted
with our Indian affairs ; his conftant application to
which, procured and preferved him a reputation and
influence in the colony. Without this kriowledo-e,
and which was all that he had to diftinguifh himfelf,
his rhcefTant felicitations for money, his paflionate
temper and bigoted principles, muft rieceffaf fly have
rendered him obnoxious to the people, and kindled
a hot fire of contention in the province.
_ The fold French governor, who found that all The French ;n-
his meafures for accomplifhing a peace with the vadethecount7
Five Nations, proved abortive, was now meditating indkLfhi™*
a blow on .the Mohawks. He accordingly collected l693-
an army of fix or feven hundred French and In
dians, and fupplied them with every thing nec'effary
for a winter campaign. They fet out from Mon
treal, on the 15th of January, 1693; and after a
march, attended with incredible hardfhips, they par-
Ted by Schenectady on the 6th of February, and,
that night, captivated five men, and fome wolnen
.and children, at the firft caftle of the Mohawks.
"The fecond caftle was taken with equal eafe, the
Indian" inhabitants being in perfect fecurity, and,
for, the, -moft part, at Schenectady. At the third,
the enemy found about forty Indians in a war dance,
defigning to go out, upon fome enterprife, the next
day. Upon their entering the caftle a conflict en-
fued, in which the French loft about thirty men.
Three hundred of our Indians were made captives,
in this defcent ; and, but for the interceffion of the
lavages" in the French intereft, would all have been
put to the fword.*
* Dr. Colden and the jefuit Char.levoi-x are not perfectly
agreed- in the hiftory of this irruption. I have followed, fome-
The

US

THE HISTORY OF
The Indians were enraged, and with good reafort,
at the people'of Schene.ctady, who gave them no af
fiftance againft the enemy, though they had notice
of their marching by that village. But this Was
atoned for by the fuccours from Albany., Colonel
Schuyler, voluntarily, headed a party of two hun
dred men, and went out againft the enemy. Ort
the 15th of February, he was joined by near three
hundred Indians, ill armed,' and many of them boys.
A pretended deferter, who came to diffuade the In
dians from the purfuit, informed him, the next day,
that the French-had built a fort, and waited to fight
him; upon which he fent to Ingolfby the com
mandant at Albany, as well for a reinforcement, as
for a fupply of provifions ; for the greateft part of
his men came out with only a few bifcuitS: in their
pockets, and at the time' they fell in with the' enemy,
on the 17th of the month, had been feveral days
without any kind of food. Upon approaching the
French army, fundry fkirmifhes enfued ; the enemy-
endeavouring to prevent our Indians from felling
trees for their protection. Captain Syms, with
eighty regulars of the independent companies, and
a fupply of provifions, arrived on the 19th, but the
enemy had marched off the day before, in a gVeat
fnow ftorni. Our party however purfued th'erfj,
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 a cake
of ice ferved them to crofs over it, the river being
open both above and below. The froft was now
extremely fevere, and the Mohawks fearful of an
engagement; upon which Schuyler, who had re
taken about fifty Indian captives, defifted from the
times the former, and at other times the latter ; according as
the fads, more immediately, related to the condudt of their
refpeftive countrymen. purfuit

part in. N E W- Y O R K. ,,3
purfuit on the 20th of February ; four of his men
and as many Indians being killed, and twelve
wounded. Our Indians, at this time, were fo dif-
treffed for provifions, that they fed upon the dead
bodies of the French ; and the enemy in their turn,
were reduced before they got home, to eat up their
fhoes. The French in this entcrprife loft eighty
men, and had above thirty wounded.
Fletcher's extraordinary difpatch up to Albany, Governor
upon the firft news of this defcenr, gained the ef- laif"\gre3t
teem both of the public and our Indian allies. marching to the
The exprefs reached New York qn the 12th of j£jf™e of the
February, at ten o'clock in the night, and in lefs
than two days, the Governor embarked with three
hundred volunteers. The river, which was here
tofore very uncommon at that feafon, was open*.
Fletcher landed at Albany, and arrived at Sche
nectady, the 17th of the month, which is about
one hundred and fixty miles from New York ; but
he was flill too late to be of any other ufe than 'to
ftrengthen the ancient alliance. The Indians, in
commendation of his activity on the occafion, gave
him the name of Cayenguirago, or, The great Swifc
Arrow. Fletcher returned to New York, and, in March
met the Affembly, who were fo well pleafed with
his late vigilance, that befides 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 greateft part of this province confuted of
Dutch inhabitants, all our Governors, as well in
* The climate of late years is much altered, and this day
(February 14, 1756.) three hundred recruits failed from New-
York for the army under the command of general Shirley, now
quartered at Albany, and laft year, a floop went up the river
a month earlier. I the

j 14 THE HISTORY OF
the Duke's time, as after the revolution, thought -
it good policy to encourage Englifh preachers and
fchoolmafters in the colony. No man could be
more bent upon fuch a project than Fletcher, a
bigot to the Epifcopal form of Church Government.
He, accordingly, recommended this matter to the
Affembly, on his firft arrival, as well as at their
prefent meeting. The Hotife, from their attach
ment to the Dutch language, and the model of the
Church of Ffolland, fecured by one of the articles
of furrender, were entirely difinclined to the fcheme,
Ixheo«s°Vthe6»f-wn^cn occafidned a warm rebuke from the Gover-
fanbiy to pro- nor, in his fpeech at the clofe of the feffion, in
vide for a mini-thefe WQrds . K Gentlemen, thp firft thing that J di(I
" recommend to you, at our laft meeting, was to
" provide for a Miniftry, and nothing is done in
*' it. There are none of you, but what are big
" with the privileges of Englifhmen and Magna'
*{ Charta, which is your right ; and the fame law
*' doth provide for the religion of the Church of <
" England, againft fabbath breaking and all bther
*' profanity. But as you have made it laft, and poft-
*'• poned it this feffion, Ihope you will begin with
" it the next meeting, and do fomewhat toward it
*« effeaually." ,
The news of the arrival of the recruits and am
munition at Canada, the late lofs of the Mohawks,
and the unfulfilled promifes of affiftance, made
from time to time, by the Englifh, together with
the inceffant folicitations of Milet, the Jefuit, all
a conference confpired lo induce the Oneydoes to fue for a peace
With the Five with the French, To prevent fo important an
' ™}?$£3£:event> Ftoctar met«the Five Nations at Albany, in
July 1693, with a confiderable prefent of knives,
hatches, clothing and ammunition, which had been
lent over by the crown, for that purpofey The
Indians contented to a renewal of the ancient league, '
and expreffed their gratitude, for the King's dona tion

part m. N E W-Y O R K. uj
tion, with Angular force. " Brother" Cayenguari-
" go, we roll and wallow in joy, by reafon of the
" great favour the great King and Queen have
" done us, in fending us arms and ammunition
" at a time when we are in the greateft need of
" them ; and becaufe there is fuch unity among
*' the brethren." Colonel Fletcher preffed their
delivering up to hirn Milet, the old Prieft, which
they promifed, but never performed. On the con
trary, he had. influence enough to perfuade all, but
the Mohawks, to treat about'the peace at Onon
daga, tho' the Governor exerted himfelf to pre
vent it.
Soon after this interview, Fletcher returned to *"™ y^™bly
New York ; and, in September, met a new affem- 1693.
bly, of which James Graham was chofen Speaker.
The Governor laboured at this feffion to procure
the eftablifhment of a Miniftry throughout the co
lony, a revenue to his Majefty for life, the repair
ing the fort in New York, and the erection of a
chapel. That part of his fpeech, relating to the mi
niftry was in thefe words: " I recommended to the The Governor
" former affembly, the fettling of an able miniftry, Ruling of a' Mi!
" that the worfhip of God may be obferved among niftr)'-
" us ; for 1 find that great and firft duty very
" much neglected. Let us not forget that there is a
" God that made us, who will protect us if we
*' ferve him. This has been always the firft thing I
*' have recommended, yet the laft in your confi-
" deration. I hope you are all fatisfied of the
" great neceffity and duty, that lies upon you to
" do this, as you expect his bleffing upon your
" labours." The zeal with which this affair was phr0C"jl!nE' of
recommended, induced the houfe, on the 12 th of thereupon! y
September, to appoint a committee of eight mem
bers, to agree upon a fcheme for fettling a miniftry,
in each refpective precinct throughout the pro
vince. This committee made a report the next
I 2 day,

M6 THE HISTORY OF
day, but it was recommitted till the afternoon, and
then deferred to the next morning. Several de
bates arifing about the report in the houfe, it was
again " recommitted for further confideration.'*
On the 15th of September it was approved, the ef-
tablifhment being then lirnitted to feveral parifhes
in four counties, and a bill ordered to be brought
in accordingly; which the Speaker (who dn the
1 8th of September, was appointed to draw all their
A bin prepaired bills) produced on the 19th. It was read twice on.
for this purpofe. fa fame j^ ancj tnen referred to a committee of
.the whole houfe. The third reading was on the
2ift'of September, when the bill paffed, and was
fent up to the Governor and Council, who imme
diately returned it with an amendment, to veil his.
Excellency with an epiicopal power of inducting
every incumbent, adding to that part of the bill
near the end, which gave the right of prefentation
to the people, thefe words, " and prefented to the
" Governor to be approved and collated." The
houfe declined their confent to the addition, and
immediately returned the bill, praying, " that it
" may pafs without the amendment, having in the
" drawing of the bill, had a- due regard to the
r' pious intent of fettling a Miniftry, for the benefit
" of the people." Fletcher was fo exafperated
with their refufal, that he no fooner received the
anfwer of the houfe, than he convened them be
fore him, and in an angry fpeech broke up the fef
fion. I fhall lay that part of it, relating to this
bill, before the reader, becaufe it is characteriftick
pf the man.
" Gentlemen,
The' Gove™0^* " There is alfo a bill for fettling a Miniftry in
thPaflSiy to " this city, and fome other countries of the go-
ujorithefubjea. « vernment. In that very thing you have fhewn
" a great deal of ftiffnefs. You take upon you,
£. as if you were dictators, I fent down to you an
amendment

^art in. NEW-YORK. ^17
" amendment of three or four words, in that bill,
" which, tho' very immaterial, yet was pofitively
" denied. I muft tell you, it feems very unman-
*' nerly. There never was an amendment yet de-
" fired by the Council Board, but what was rejec-
" ted. It is the fign of a ftubborn ill temper, and
" this have alfo paffed.
" But, Gentlemen, I muft take leave to tell
t: you, if yon feein to underftand by thefe words,
" that none can ferve without your collation or ef-
" eftablifhment, you are far miftaken. For I have
'* the power of collating or fiifpehdmg any Mini-
" fler, in my government, by their Majefties let-
" ters patent ; and whilft I flay in the government,
" I will take care that neither herefy, fedition,
u fchifm, or rebellion, be preached among you,
" nor vice and profanity encouraged. It is my
" endeavour, to lead a virtuous and piouo life
" amohgft you, and to give a good example : I
" wifh you all to do the fame. You ought to
" confider, that you havfe but a third fhare in the
" legiflative power of the government •, and ought
*< not to take all upon you, nor be fo perempto-
" ry. You ought to let the council have a fhare.
" They are in the nature of the Houfe of Lords,
" or upper Houfe; but you feem to. take the
" whole power in your hands, and fet up for every
" thing. You have fet a long time to little pur-
" pofe, and have been a great charge to the coun-
" try. Ten fhillings a day is a large allowance,
" and you punctually exact it. You have been
" always forward enough to pull down the foes of
" other minifters.in the government. Why did
" you not think it expedient to correct your own,
«' to a more moderate allowance ?
" Gentlemen, I fhall fay no more at prefenr,
" but that you do withdraw to your private affairs
" in the country. I do prorogue you to the ioth Prorogation 0f
T _ « Qf the Aflembu.

1,8 THEHISTORYOF
" of January next, and you are hereby prorogued
" to the ioth day of January next enfuing."
The violence of this man's temper is very evi
dent in all his fpeeches and meffages to the Affem
bly ; and it can be only attributed to the ignorance
of the times, that the members of that houfe, in
ftead of afferting their equality, peaceably put up
with his rudenefs. Certainly they deferved better
ufage at his hands. For the revenue, eftablifhed
the laft year, was, at this feffion, continued five
years longer than was originally intended. This
was rendering the Governor for a time independent
of the people. For, at that day, the affembly had
no treafure, but the amount of all taxes went of
courfe into the hands of the Receiver-General, who
was appointed by the Crown. Out of this fund,
Monies were only iffuable by the Governor's war
rant ; fo that every officer in the government, from
Mr. Blaithwait, who drew annually five per cent.
out of the Revenue, as Auditor-General, down to
the meaneft fervant of the publick, became depen
dent, folely, of the Governor. And hence we find
the houfe, at the clofe of every feffion, humbly ad-
dreffing his Excellency, for the trifling wages of
their own clerk. Fletcher was, notwithftanding,
fo much difpleafed with them, that foon after the
Diflbiution of it. prorogation, he diffolved the Aflembly.
Anew Affembly The members of the new Affembly met accord-
in March, i694. ing to the writ of fummons, in March 1694, and.
' chofe Colonel Peirfon for their Speaker, Mr. Gra
ham being left out at the election for the city. The
fhortnefs of this feffion; which continued only to
the latter end of the month, was owing to the dif-
agreeable bufinefs the houfe began upon-, of exa
mining the ftate of the publick accounts, and in
particular the mufter rolls of the volunteers, in the
di^Givemor'rd P3^ °^ tne Province. They, however, refumed it
Aiiembiy. again in September, and formally entered their dil-
fatisfaction,

part tit, N E w.y b R it. 119
fatisfaction, with the Receiver-General's accounts.
The Governor, at the fame time, blew up the
coals of contention, by a demand of additional
pay, for the King's foldiers, then juft arrived, and
new fupplies for detachments in defence of the
frontiers. He at laft prorogued them, after ob
taining an act for fupporting one hundred men upon
the borders. The fame difputes revived again in
the fpring i6g$ ; and proceeded to fuch lengths;
that the Affembly afked the Governor's leave to
print their minutes, that they might appeal to the
publick. It was at this feffion, on the 12th of
April, 1695, that upon a petition of five Church
Wardens and Veftrymen of the City of New- York;
the Houfe declared it their opinion, " That the a refoiution of
" Veftrymen and Church Wardens have power to the Aflembiy,
** call a diflenting Proteftant Minifter, and that he renting Minifters
" is to be paid and 'maintained as the act directs."
The intent of this petition was to refute an opinion
which prevailed, that the late Miniftry act was
made for the fole benefit of Epifcopal Clergymen:
The quiet, undifturbed flate of the frontiers,
while the French were endeavouring t6 make a
peace with the Five Nations, and the complaints of
the volunteer^, who had not received their pay, very
much conduced to the backwardnefs of the Affem
bly, in anfwering Fletcher's perpetual demands of
money. But when the Indians refilled to comply Ind;an Affairs'.
with the terms of peace demanded by the French
Governor, which were to fuffer him to rebuild the
fort at Cadaraqui, and to include the Indian allies,
the warbroke out afrefh, and the Affembly were
obliged to augment both their detachments and
fupplies. The Count Frontenac, now levelled his
wrath principally againft the Mohawks, who were
more attached, than any other of the Five Nations to
our intereft : but as his intentions had taken air,
he prudently changed his meafures, and fent a
party

,2o TH^ HISTORY OF
party, of three hundred men, to the Iflhmus at
Niagara, to furprife thofe of the Five Nations, that
might be hunting there. Among a few that were
met with, fome were killed, and others taken pri
foners, and afterwards burnt at Montreal. Our
Indians imitated the Count's example, and burnt
ten Dewagunga captives.
Colonel Fletcher and his Affembly having come
Another Aflem- to an open rupture in the fpring, he called another
My ,m June,. -m June, 0f which James Graham was chofen
Speaker, The Count Frontenac was then repair
ing the old fort at Cadaraqui, and the intelligence
of this,, and the King's affignment of the quotas
of the feveral colonies, for an united force * againft
the French, were the principal matters which the
Governor laid before the Aflembly. The lift of
, the quotas was this.
Pennfylvania, £ So. Rhode Ifland and Providente
MaffachnfTets Bay, 350. Plantation, £ 48.
Maryland., 160. Connecticut, izo.
"Virginia, 240. New York, 200.
As a number of forces were now arrived, th«
Affembly were in hopes the province would be re
lieved from railing any more men for the defence
* As fuch an union appeared to be neceffary fo long ago,
it is very furprifing that no effe&ual fcheme for that purpofe
has hitherto been carried into execution. A plan was con
certed, in the great Congrefs, confifting of commiffioners
from feveral colonies, met at Albany, in 1754; but what ap
probation it received at home, has net hitherto been made
publick. The danger to Great Britain, apprehended froni
our united force, is founded in a total ignorance of the true
ftate and character of the colonies. None of his Majefty's
fubje&s are more loyal, or more ftrongly attached to proteftant
principles ;. and the remarkable atteftationi in the elegant ad
drefs of the Lords of the 13th of November 1755, in our fa
vour, " That we are a great body of brave and faithful fub-
" jefts," is as juftly due to us, as it was nobly faid by them. of

PART MI. NEW-YORK., ,21
of the frontiers ; and, to obtain this favour of the
Governor, ordered ioool. to be levied, one half
to be prefented to him, and the reft he had leave
to diftribute among the Englifh officers and fol
diers. A bill for this purpofe was drawn, but
though his Excellency thanked them for their fa
vourable intention, he thought it not for his ho
nour to confent to it. After paffing feveral laws,
the feffion broke up in perfect harmony, the Go
vernor in his great grace, recommending it to the
Houfe, to appoint a Committee to examine the
public accounts againft the next feffions.
In September, Fletcher went up to Albany, Indian Affair*.
with very confiderable prefents to the Indians,
whom he blamed for fuffering the French to re
build the fort of atCadaraqui, or Frontenac, which
commands the entrance from Canada, into the
great Lake Ontario.
While thefe works were carrying on, the Dio
nandadies, who were then poorly fupplied by the
French, made overtures of a peace with the Five
Nations, which the latter readily embraced, becaufe
it was owing to their fears of thefe Indians, who
lived near the Lake Mifilimachinac, that they
never dared to march with their whole ftrength
againft Canada. The French commandant was
fully fenfible of the importance of preventing this
alliance. The civilities of the Dionandadies to
the prifoners, by whom the treaty to prevent a dif
covery was negociated, gave the officer the firft fuf-
picion of it. One of thefe wretches had the un-
nappinefs to fall into the hands of the French, who
put him to the moft exquifite torments, that all fu
ture intercourfe with the Dionandadies might be
cut off. Dr. Colden, in juft refentment for this
inhuman barbarity, has publifhed the whole pro-
cefs from La Potherie's Hiftory of North Ameri
ca, and it is this : " The

izz THE HISTORV 01?
cmeity of the « f;}je prifoner being firft made faft to a ftake^
Indian prifoner. " fo as to have room to move round it ; a French-
" man began the horrid tragedy, by broiling the
" flefh of the prifoner's legs, from his toes to his
" knees, with the red-hot barrel of a gun. His
" example was followed by an Utawawa, who be-
" ing defirous to outdo the French in their refined
" cruelty, fplit a furrow 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 excefiive laughter in his tor-
" mentors. When they found his throat fo much
" parched, that he was no longer able to gratify
" their ears with his howling, they gave him wa-
" ter, to enable him to continue their pleafure
" longer. But at laft his ftrength failing, an Uta-
" wawa fleaed off his fcalp," and threw burning hot
" coals on his fcull. Then they untied him, and
" and bid him run for his life. He began to run,
" tumbling like a drunken man. They fhut up
*c the way to the eaft,. and made him run weftward,
" the country, as they think, of departed mifera-
*' ble fouls. He had ftill force left to throw ftones,
" till they put an end to his mifery by knocking
" him on the head. After this every one cut a
*• flice from his body, to conclude the tragedy with
" a feaft."
From the time Colonel Fletcher received his in-
ftructions, reflecting the quotas of thefe colonies,
for the defence of the frontiers, he repeatedly, but
in vain, urged their compliance with the King's
direction ; he then catried his complaints againft
them home to his Majefty, but all his applications
were defeated by the agents of thofe colonies, who
refided in England. As foon therefore, as he had
laid this matter before the Affembly, in Autumn
1695, the houfe appointed William Nicol, to go
home in the quality of an agent for this province, for

NEW-YORK. 123
for which they allowed him ioool. But his folli-
citations proved unfuccefsful, and the inftruction,
relating to thefe quotas, which is flill continued,
remains unnoticed to this day. Fletcher maintain
ed a good correfpondence with the Affembly,
through the reft of his adminiftration ; and nothing
appears, upon their journals, worth the reader's at
tention. The French never had a governor, in Canada,
fo vigilant and active as the Count de Frontenac.
He had no fooner repaired 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 1696, he convened at Montreal Expedition ofthe
all the regulars, as well as militia, under his com- tenac'agtinft' the
mand ; the Owenagungas, Quatoghies of Loretto, Onondaga in-
Adirondacks, Sokakies, Nrpiciriniens, the profe-
lyted praying Indians of the Five Nations, and a
few Utawawas. Inftead of waggons and horfes,
(which are ufelefs in fuch a country, as he had to
march through) the army was conveyed through
rivers and lakes, in light barks, which are portable,
whenever the rapidity of the ftream and the crof-
¦fing an ifthmus rendered it neceffary. The Count
left La Chine, at the fouth end of the ifland of
Montreal, on the 7th of July. Two battalions of
regulars, under the command of Le Chevalier de
Callieres, headed by a number of Indians, led the
van, with two fmall pieces of cannon, the mortars,
grenadoes, and ammunition. After them followed
the provifions : then the main body, with the
Count's houfhold, a confiderable number of vo
lunteers and the engineer ; and four battalions of
the Militia commanded by Monfieur de Ramezai,
Governor of Trois Rivieres.
Two battalions of regulars and a few Indians,
under the Chevalier de Vaudrueil, brought up the
rear. Before the army went a parcel of fcouts, to

ij4 THE HISTORY OF
to defcry the tracts and ambufcades of the enemy ;
After twelve days march, they arrived at Cadarac-
qui, about one hundred and eighty miles from Mont
real, and then croffed the lake to Ofwego, Fifty men
marched on each fide of the Onondaga river, which
is narrow and rapid. When they entered the lit
tle lake*, the army divided into two parts, coaft-
ing* along the edges, that the enemy might be un
certain as to the place of their landing, and where
they did land, they erected a fort. The Ononda
gas had fent away their wives and children, and
were determined to defend their caftle, till they
were informed by adeferter of the fuperior ftrength
of the French, and the nature of bombs, which
were intended to be ufed againft them, and then,
after fetting fire to their village, they retired into
the woods. As foon as the Count heard of this,
he marched to their huts in order of battle ; being
himfelf carried in an elbow chair, behind the ar
tillery. With this mighty apparatus he entered it,
and the deftruction of a little Indian corn was the
great acquifition. A brave Sachem, then about
a hundred years old, was the only perfon, who tar
ried in the caftle to falute the old General. The
cruelty of the French indians put him to torment, which he en-
French to an old dured with aftonifhing prefence of mind. To one
captive. wj^ nibbed njm wj:n a knife, " you had better, fays
" he, make me die by fire, that thefe French dogs
" may learn how to fuffer like men : you Indians,
" their allies, you dogs of dogs, think of me when
" you are in the like condition.-)-." This Sachem
was the oniy man, of all the Onondagas, that
* The Onondaga Lake, noted for a good fait pit at the
fouth eaft end ; which, as it may be very advantageous to the
garrifon at Ofwego, it is hoped the government will aever
grant to any private company.
f " Never perhaps, (fays Charlevoix) was a man treated
" with more cruelty, nor did any ever bear it with' fuperior
" magnanimity and refolution." , was

part in. N E W-Y O R K. 125
was killed ; and had not thirty-five Qneydoes, who
waited to receive Vaudrueil at their caftles, . been
afterwards bafely carried into captivity, the Count
would have returned without the leaft mark of tri
umph. As foon as he began his retreat, the Onon
dagas followed, and annoyed his army by cutting
off feveral batteaus.
• This expenfive enterprife, and the continual in-
curfions of the Five Nations, on the country near
Montreal, again fpread a famine through all Cana
da. The Count, however, kept up his fpirits to
the laft ; and fent out fcalping parties, who in
fefted Albany, as our Indians did Montreal, till
the treaty of peace figned at Ryfwick, in 1607. peace of Ryr.
Richard, Earl of Bellomont, was appointed towick> in l697-
fucceed Colonel Fletcher, in the year 1695, but
did not receive his commiffion till the x8th of June,
1697 ; and as he delayed his voyage till after the
peace of Ryfwick, which was figned the 10th of
September following, he was blown off our coaft
to Barbadoes, and did not arrive here before the The Earl °t
dr a •¦! r o Bellomont fuo
Of April, 1698. ceeds .Colonel
During the late war, the feas were extremely Fletcher ln *°
infefted with Englifh pirates, fome of whom failed Ap^n^s.1"
out of New York ; and it was ftrongly fufpected
that they had received too much countenance here,
even from the government, during Fletcher's ad-
miniftration. His Lordfhip's promotion to the
chief command of the Maffachufiets Bay and New
Hampfhire, as well as this province, was owing The province is
partly to his rank, but principally to the affair of charsed Wlth ?'-
the pirates ; and the multiplicity of bufinefs, to
which the charge of three colonies would necef-
farily expofe him, induced the Earl to bring over
with him John N^nfan, his kinfman, in the quality
of our Lieutenant Governor*. When Lord Bel-
* His commiffion was dated the iirft of July, 1679. lomont

I2£*

THE HISTORY^ OF
lomont was appointed to the government of thefe
provinces, the King did him the honour to fay,
" that he thought him a man of refolution and in-
" tegrity, and with thefe qualities more likely than
" any other he could think of, to put a flop to
" the growth of piracy."
The Eari of Before the Earl let out for America, he became.
fpro^a tl°C acquainted with * Robert Livingfton, Efq; who
Prefs them, was then in England, foliciting his own affairs be
fore the council and the treafury. The Earl took
occafion, in one of his conferences with Mr.
Livingfton, to mention the fcandal the province
was under on account of the pirates. The latter,
who confeffed it was not without reafon, brought
the Earl acquainted with one Kid, whom he recom
mended 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 a good failing frigate of thirty guns
and one hundred and fifty men, The Earl laid the
propofal before the King, who confulted the Ad
miralty upon that fubjedt ; but this project droped,
thro' the uncertainty of the adventure, and the
French war, which gave full employment to all
One Kid iiem-the fhips in the navy. Mr. Livingfton then pro-
pl? 'oft *£ "the pofed a, private adventure againft the pirates, offer-
command of a ing to be concerned with Kid, a fifth part in the
privateer, in ^ and charges, and to be bound for Kid's exe-
* This gentleman was a fon of Mr. John Livingfton, one
of the Commiffioners from Scotland to King Charles II. while
he was an exile at Breda: He was a clergyman diftinguifhed
by his zeal and induftry ; and for his oppofition to epifcopacy,
became fo obnoxious after the .reiteration to the Engliih court,
that he left Scotland, and took the paftoral charge of an En
glifh Prefbyterian Church in Rotterdam. His defcendants are
very numerous in this province, and the family in the firft rank
for their wealth, morals,, and education. The original diary,
in the hand-writing of their common anccllor, is ftiU amongft
.them, aud contains a hiftory of his life. cutiar*

part in. N E W-Y'O R K. »27
ful execution of the commiffion. The King then
approved of the defign, and referved a tenth fhare,
to fhew that he was concerned in the enterprife.
Lord Chancellor Somers, the Duke of Shrewfbury,
the Earls ot Romney and Oxford, Sir Edmund
Harnfon and others, joined in the fcheme, agreeing
to the expence of 6000I. But the management of
the whole affair was left to Lord Bellomont, who
gave orders to Kid to purfue his commiffion,
which was in common form. Kid failed from Ply
mouth, for New- York, in April, 1696 ; and af
terwards turned pirate, burnt his fhip, and came "« safte™"cds
to Bofton, where the Earl apprehended him. His hUnfeif.
Lordfhip wrote to the Secretary of State, defiring
that Kid might be fent for. The Rochefter man
of war was difpatched upon this fervice, but being
driven back, a'general fufpicion prevailed in Eng
land, that all was collufion between the miniftry
and the Adventurers, who, it was thought, were
unwilling Kid fhould be brought home, left he
might difcover that the Chancellor, the Duke, and
bthers, were confederates in the piracy. The
matter even proceeded to fuch lengths, that a
motion was made, in the Houfe of Commons, that
all who were concerned in the adventure might
be turned out of their employments, but it was
rejected by a great majority.
The tory party, who excited thefe clamours,
though they loft their motion in the Houfe, after
wards impeached feveral whig Lords ; and, among
other articles, charged them with being concerned
in Kid's piracy. But thefe profecutions ferved only
to brighten the innocency of thofe againft whom
they were brought ; for the impeached Lords were
honourably acquitted by their Peers.
Lord Bellomont's commiffion was publifhed in Adminiftmion,
council on the day of his arrival ; Colonel Fletcher, Liiomon"
who ftill reniained Governor under the proprietors APril x698>
of

i-zg l THEHISTORYOF
of Pennfylvania, and Lieutenant-Governor Nanfan
being prefent. The members of the council were,
Frederick Philipfe, William Smith
Stephen Van Cortlandt, William Nicoll,
Nicholas Bayard, Thomas Willet,
Gabriel Mienvielle, William Pinhorne,
John Lawrence.
His proceedings After the Earl had difpatched Captain John
Governor Cof.^Shuyler, and Dellius, the Dutch minifter of Al-
Fietcher. bany, to. Canada, with the account of the peace,
and to folicit a mutual exchange of prifoners ; he
laid before the council the letters from Secretary
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
bargained for their protections, and received for
his fervices 800 Spanifh dollars. Nicoll, confeffed
the receipt of the money for protections, but faid
it was in virtue of a late Act of Affembly, allow
ing privateers on their giving fecurity ; but he de
nied the receipt of any money from known 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, de
nied that there was any fuch Act of Affembly as
he mentioned. After confidering the whole mat
ter, the Council advifed his Excellency to fend
Fletcher home, but to try Nicoll here, becaufe his
eftate would not bear the expence of a trial in
England. Their advice was never carried into
execution, which was probably owing to a want
of evidence againft the parties accufed. It is ne-
verthelefs certain, that the pirates were frequently
in the Sound, and fupplied with provifions by the
inhabitants of Long Ifland, who for many years paft

part m. NEW-YORK. 129
afterwards, were fo infatuated with a notion that
the pirares buried great quantities of money- along
the coaft, that there is fcarce a point of land, or
an ifland, without the marks of their auri facra
fames. Some credulous people have ruined them
felves by thefe refearches, and propagated a thou-
fand idle fables, current to this day, among our
country farmers.
As Fletcher, through the whole of his admini-
ftration, had been entirely influenced by the ene
mies of Leifler ; nothing could be more agreeable
to the numerous adherents of that unhappy man,
than the Earl's difaffection to the late Governor.
It was for this reafon, they immediately devoted
themfelves to his Lordfhip, as the head of their
party. The majority of the members of the council
were Fletcher's friends, and there needed nothing
more to render them obnoxious to his Lordfhip.
Leifler's advocates, at the fame time, mortally
hated them ; not only becaufe they had imbrued
their hands in the' blood of the principal men of
their party, but alfo becaufe they had engroffed the
fole confidence of the late Governor, and biought
down his refentment 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 had depreffed, began once
again to erect its head under the fmiles of a Gover
nor, who was fond of their aid, as they were feli
citous to conciliate his favour. Had the Earl
countenanced the enemies, as well as the friends of
Leifler, which he might have done, his adminiftration
would doubtlefs have been eafier to himfelf and ad
vantageous to the Province. But his inflexible
averfion to Fletcher prevented his acting with that
moderation, which was neceffary to enable him to
K govern

'3° tHE HISTORY OF
govern bqth parties, The fire of his temper apt
peared very early, on his fufpending .' Mr. Nicoll
from the board of council, and obliged hirn to en*
• ter'into recognizance in 2000I. to anfwer for his
MayTs, i^gs^conduct relating to the protections. But his fpeech
to the New .Affembly, convened on the 18th of
May, gave the fulleft evidence qf his abhorrence of
the late adminiftration. Philip French was chofen
Speaker, and waited upon his Excellency, with the
houfe, when his Lordfhip fpoke to them in the
following manner :
Lord Beiio- " I cannot butobferve to you, what,a legacy my
S.em.sfp"cht0" predeceffor has left me, and what difficulties to
*' ftruggle with ; a divided people, an empty purfe,
" a few miferable, naked, halfrftarved foldiers, not
" half the number the King allowed pay for : ,Xh,e
" fortifications, and eveq the Governor's houfe, very
" much out of repair, and in a word the wholego-
*' Yernment out of frame. It hath been reprefent-
" ed to the Government in England, that this pro-
" vince has been a noted receptacle of oirat.es, and
" the trade of it under no reftrictiori, but the. acts
" of trade violated by the neglect and connivance
" of thofe, whofe duty it was to have prevented it."
After this introduction, he puts them in mind
that the revenue was near expiring. " It would be
" hard, fays he, if I that come among you with an
" honeft mind,. and a refolution to be juft to your
'* intereft, fhould meet with greater difficulties, in
" the difcharge of his Majefty's fervice, than thofe
" that have gone before me. I will take care there
" fhall be no mifapplication of the public money.
" I will pocket none of it myfelf, nor fhall there be
" any embezzlement by others ; but exact ac-
" counts fhall be given you, when, and as often,
" as you fhall require."
It was cuftomary with Fletcher, to be prefent in
the field, to influence elections ; andas the affem-

par* in. N E'W-Y O R K. »3r
bly cdnfifted, at this time, of but nineteen mem
bers, they were too eafily influenced to ferve the
private ends of a faction. For that reafon, his
Lordfhip was warm in a fcheme of increafing their
number, at prefent, to thirty, and fo, in propor
tion, as the colony became more populous ; and
hence we find the following claule in his1 fpeech.
" You cannot but know, what abufes have been
" formerly in elections of members to ferve in the
** general Aflembly, which tends to the fub-
" verfion of your liberties. I do therefore re-
" commend the making of a law to provide
** againft it."
The houfe, tho' unanimous in a hearty addrefs
of thanks to the governor for his fpeech, could
fcarce agree upon any thing elfe. It was not till
the beginning of June, before they had finifhed the
controverfies relating to the late turbulent elec- The Afl-embl •„
tions ; and even then fix members feceded from the diffolved June
houfe, which obliged his Excellency to diffolve the H' l69S"
hffembly on the 1 4th of June, 1698. About the Two members
fame time, ' the Governor difmiffed two of the^afmintdT'
council ; Pinhorne, for difrefpectful words of the
King; and Brook, the Receiver- General, who
was alfo turned out of that office, as well as re
moved from his place on the bench. Exchange of
In July, the difputes with the French, concern- lhe°nf£J& ot-
ing the exchanging of prifoners, obliged his Excel- Canada.
lency to go up to Albany. When the Earl fent the
account of the conclufion of the peace to the Go
vernor of Canada, all the French prifoners in our
cuftody, were reftored, and as to thofe among the
Indians, he promifed to order them to be fafely ef-
corttd to Montreal. His Lordfhip then added,
" I doubt not, Sir, that you, on your part,' will
" alfo iffue an order to relieve the fubjects of the
" King, captivated during the war, whether '
" Chriftians or Indians." K 2 The

»32

THE HISTORY OF
The Count, fearful of being drawn into an im
plicit acknowledgment, that the Five Nations were
fubject to the Englifh Crown, demanded the
French prifoners, among the Indians, to be brought
to Montreal ; threatening, at the fame time, to
continue the war againft the confederates, if they
did not comply with his requgft. After the Earl's
interview with them, he wrote a fecond letter * to
the Count informing him,, that they had importu
nately begged to continue under the protection of
the- Englifh crown, profeffing an inviolable; fob-'
jection -and fidelity to his Majefty; and that theJ
Five Nations were always confidered as fubjects,"
which, fays, his Lordfhip, " can' be rnanifefted to
" all the world by authentic and folid proofs,".
His Lordfhip added, that he would not fuffer them :
to be infulted, and threatens to execute the laws of
England upon the miffionaries, if they continued
any longer in the Five Cantons. A refolute, fpi-
rit runs through the whole letter, which concludes
in thefe words; : " if it is neceffary, I will arm
" every man in the provinces, under my govern-
j" ment, to oppofe you; and redrefs the injury
, " that you may perpetrate agaiftft our Indhns."
! The Count, in his anfwer, propoftd to refer the
difpute to the commiffaries, to be . appointed ac^ .
cording to the treaty of Ryfwick f ; but the Earl
continued the claim, infilling that the French pri
foners fhould be delivered up at Albany.
* Charlevoix has publifhed both thefe letters, at large, to
gether with Count Frontenac's Anfwer. I have had no op*
portunity of enquiring into the Jefuit's integrity, in thefe
traufcripts, being unable to find his Lordfhip's letters in the
Secretary's Office.
f The Count mifunderftood the treaty. No provifion was
made by it for commiffaries to fettle the limits between the
Englifh and French poffeffions, but only to examine and de
termine the controverted rights and pretenfions to Hudfon's
Bay,
The

frAkT hi. N E W-Y O R K. 133
The French Count dying 'while this matter was Death of^the
controverted, Monfieur De Callieres, ; his fuceeffor, t=°nac' °
fent Ambaffadors the next year, to Onondaga, there
to regulate the exchange of prifoners, which was
accomplifhed without the Earl's confent ; and thus
the important point in difpute, remained unfettled.
The Jefuit Bruyas, who was upon this embaffage,
offered to live at Onondaga ; but the Indians re
futed his belt, faying that Corlear, or the Governor
of New York, had already offered them miniflers
for their inftruction.
Great alterations were made in council, at his ^hVco'lfndi
Excellency's return from Albany. Bayard, Mein- of New York.
vielle, Willet, Townly, and Lawrence, were all
fufpended on the 28th of September ; and Colonel
Abraham Depeyfter, Robert Livingfton, and Sa
muel Staats, called to that board. The next day,
Frededrick Philipfe, refigned his feat, and Robert
Walters was fworn in his flead.
The new affembly, of \vhich Tames Graham was ^ n.ew»^ffef"
>/- 01 • 1 c • TT-T7 1 blym March,
chofen Speaker, met in the fpring. His rLxcel- 1699.
lency fpoke to them on the 2 1 ft of March, 1699.
As the late affembly was principally compofed
of Anti-Leiflerians, fo this confifted, almofl en
tirely, of the oppofite party. The elections were
attended with great outrage and tumult, and many
applications made relating to the returns; but as
' Abraham Governeur, who had been Secretary to
Leifler, got returned for Orange County, and was
very active in the houfe*, all the petitions were
rejected without ceremony.
Among the principal acts, paffed at this feffion, A£b of this Af-
there was one for indemnifying thofe who were ex-fembly-
cepted out ofthe general pardon in 1691 ; another
againft pirates; one for the fettlement of Mil-
borne's eftate ; and another to raife fifteen hundred
* Mr. Governeur married Milborne's widow.
K 3 pounds,

134

Reduction of
-great tracts of
land that had
been improvi-
dently granted
away.

THE HISTORY OF
pounds, as a prefent to his Lordfhip, and five
hundred pounds for the Lieutenant-Governor, his
kinfman. Befides which, the revenue was conti
nued for fix years longer. A neceffary law was
alfo made for the regulation of elections, contain
ing the fubftance of the Englifh flatutes of 8 Hen.
VI. Chap. VII. and the 7 and 8 Will. III.
This affembly took, alfo, into confideratfon
fundry extravagant grants of land, which Colonel
Fletcher had made to feveral of his favourites.
Among thefe, two grants to Dellius, the Dutch
minifter, and one to Nicholas Bayard, were the
moft confiderable. Dellius" was one of the Com
miffioners for Indian affairs, and had fraudulent
ly obtained the Indian deeds, according to which
the patents had been granted. One ofthe grants
included all the lands within twelve miles on the
Eaft fide of Hudfon's river, and extended twenty
miles in length, from the North bounds of Saragh-
toga. The fecond patent, which was granted to
him in company with Pinhorne, Bancker, and
others, contained all the lands within two miles on
the Mohawks river, and along its banks to the ex
tent of fifty miles. Bayard's grant was alfo for
lands in that country, and very extravagant. Lord
Bellomont, whojuftly thought thefe great patents,
with the trifling annual refervation of a few. fkins,
would impede the fettlement of the country, as
well as alienate the affections of our Indian allies,
wifely procured recommendatory inftruftions from
the Lords Juftices, for vacating thofe patents,
which was now regularly accomplished by a law,
and Dellius thereby fufpended from his minifte-
.rial function.
The Earl having thus carried all his points at
New- York, fet out for Bofton in June, where,
after he had fettled his falary, and apprehended the
pirate Kidd, he returned here aeain in the fall.
The

IrARTin. NEW-YORK. 135
The revenue being fettled for fix years, his Another feffion
Lordfhip had no occafion to meet the affembly till fembiy inT7oo-
the fummer of the year 1700^ and then indeed
little elfe was done, than to pafs a few laws. One
for hanging every Popifh prieft that came volun- p0j£ S.
tarilyinto the ; Province, which was occafioned by
the great number of French Jefuits, who were con
tinually practifittg Upon our Indians. By another,
prpvifion was made for erecting a fort in the coun
try of the Onondagas, but as this was repealed a
few months after the King's providing for that
purpofe, fo the former continues, as it for ever
bUght, in full force to this day.
The Earl was a man of art and polite manners,
and being a mortal enemy to the French, as well
as a lover of liberty, he Would doubtlefs have been
of confiderable fervice to the Colony ; but he died EariofBeiio"
here on the 5th of March in 1701, when he was »°nt,inMarch
but juft become acquainted with the Colony. 1701'
The Earl of Bellomont's death was the lource of Difputes con-
new troubles, for Nanfan, the Lieutenant-Gover-^™'^^-
nor, being then abfent in Barbadoes, high dif- powers of go-
pute arofe among the Counfellors, concerning the '
exercife of the powers of government. Abraham
de Peyfter, Samuel Staats, Robert Walters, and
Thomas Weaver, who fided with the party that
adhered to Leifler, infilled that the Government
was devolved upon the council, who had a right to
k£k by a majority of voices ; but Colonel Smith con
tended that all the powers of the late Governor
were devolved upon him, as ptefident, he being
the eldeft member of that board. Colonpl Schuy
ler and Robert Livingfton, ' who did not arrive in
town till the2ift of March, foined Mr. Smith,
and refufed to appear at the council- board, till
near the middle of April. The affembly, which
was convened on the fecond of that month, were
in equal perplexity, for they adjourned from day to

, vernment.

136 THEHISTORYOF
to day, waiting the iffue of this rupture. Both
R , parties continuing inflexible, thofe members, who
theVhoUufe"fAf-oppofed Colonel. Smith, fent down to the houfe a
fembiythere- repiefCntation of the controverfy, affigning a num
ber of reafons for the fitting ofthe affembly, which
the houfe took into their cbnfideration, and on
the 1 6th of April refolved, that the execution of
the Earl's commiffion and inftrnctions, in the abr
fence of the Lieutenant-Governor, was the right
of the council by majority of voices, and not of
confirmation of any fingle member of that board ; and this was af-
jt by the Lords terwards the opinion of the lords of trade. The
difputes, neverthelefs, continuing in the council
ftrenuoufly fupported by Mr. Livingfton, the houfe,
On the 19th of April, thought proper to adjourn
themfelves to the firft Tuefday in June.
Lieutenant In this interval, on the 19th of May, John
Governor Nan- Nanfan, the Lieutenant-Governor arrived, and
theProvinSce"in fettled the controverfy, by taking upon himfelf
May, 1701. tjie fupreme command.
Upon Mr. Nanfan's arrival, we had the agree
able news, that the King had given two thoufand
pounds fterling for the defence of Albany and
.Schenectady, as well as five hundred pounds more
for erecting a fort in the country ofthe Onondagas.
And, not long after, an ordinance was iffued,
agreeable to the fpecial direction of the Lords of
cr0eu^00nfchan- Trade, for erecting a court of chancery, to fit the
«;y, in 1701. firft Thurfday in every month. , By this ordinance
the powers of the- Chancellor were vefted in the
Governor and Council, or any two of that board :
Commiffions were alfo g'ranted, appointing mailers,
clerks, and' a regifter : fo that this court was com-
pleatly organized on the 2d of September 1701.
Atwood, who was then Chief Juftice of the
fupreme court, was now fworn of the council.
Abraham de Peyfter and Robert Walters were his
alfift-

part in. NEW-YORK. I37
affiftants on the bench ; and the former was alfo
made deputy auditor-general, under Mr. Blaith-
wait. Sampfon Shelton Broughton was the attor
ney-general, and came into that office when At-
wood took his feat on the bench, before the de-
ceafe of Lord Bellomont. Both thefe had their
commiffions from England. The Lieutenant-Go
vernor, and the major part of the board of coun
cil, together with the feveral officers above named,
being ftrongly in the intereft ofthe Leiflerian par- £0^™/"™'
ty, it was not a little furprifing, that Mr. Nanfan foives the afiem-
diffolved the late affembly on the ift of June laft. ^J""6 >.
Great were the ftruggles at the enfuing elections,
which, however, generally prevailed in favour of
thofe who joined Leifler at the revolution: And
hence, when the new affembly met on the 19th of AncwAfrcm-
Auguft 1701, Abraham Governeur was elected for JJ**"'"* 19'
their fpeaker. Duichefs was thought heretofore
incapable of bearing the charge of a reprefentation :
but the people of that county, now animated by
the heat of the times, fent Jacob Rutfen and
Adrian Garretien to reprefent them in affembly.
Mr. Nanfan, in his fpeech to the houfe, informs
them of the memorable grant made to the crown,
on the 19th of July, by the Five Nations, of a
vaft tract of land, to prevent the neceffity of their
fubmiting to the French in cafe of a war ; that his
Majefty had given out of his exchequer two thou-
fand five hundred pounds fterling for forts, and
eight hundred pounds to be laid out in prefents to
the Indians ; and that he had alfo fettled a falary of
three hundred pounds on a Chief Juftice, and one ^^"chief-
hundred and fifty pounds on the Attorney-Gene- juftice and an
. , 1 , r ¦ -II torney General.
ral, who were both now arrived here.
The fire of contention, which had lately appeared
in the tumultuous elections, blazed out afrefh in Diffentions ;n
the houfe. Nicoll, the late Counfellor, got him- the Aflembly.
felf

138 "~ THE HISTORY O*1
felf elected for Suffolk, and was in hopes of being
feated in the chair ; but Abrabam Governeur was
chofen fpeaker. Several members contended, that
he, being an alien, was unqualified for that ftation.
To this it was anfwered, that he was in the Pro
vince in the year 1683, at the time of paffing an
act to naturalize all the free inhabitants, profeffing
the chriftian religion ; and that for this reafon, the
fame objection againft him had been over-ruled at
the laft affembly. In return for this attack, Go
verneur difputed Nicoll's right of fiting as a mem
ber of that houfe. And fucceeding in a refolve*
that he and Mr. Weffels, who had been returned
for Albany, were both unqualified according to
the late act, they being neither of them refidents in
the refpective counties for which they were chofen*
This occafioned an imprudent feceffion of feven
members, who had joined the intereft of Mr. Nicoll ;
which gave their adverfaries an opportunity
to expell them, and introduce others in their
ftead.
violent pro- Among the firft oppofers of Captain Leifler,
uuuyintftot none was more confiderable than Mr. Livingfton.
The meafures of the convention at Albany were
very much directed by his advic^ ; and he was pe
culiarly obnoxious to his adverfaries, becanfe he
was a man of fenfe and refolution, two qualifica
tions rarely to be found united in one perfori at that
' day. Mr. Livingfton's intimacy with the late
Earl, had, till this time, been his defence, againft
the rage of the party which he had formerly op-
pofed ; but as that Lord was now dead, and Mr.
Livingfton's conduct in council, in favour of Co
lonel Smith, had given frefh provocation to his
enemies, they were fully bent upon his deftruction.
It was in execution of this fcheme, that as foon as
the difputed elections were over, the houfe pro
ceeded

NEW-YORK. IJ9
ceeded to examine the ftate of the publick accounts,
which they partly began at the late affembly.
The pretence was, that he refufed to account
for the publick monies he had formerly received
out of the excife ; upon which, a committee of
both houfes advifed the palling a bill to confifcate
his eftate, unlefs he agreed to account by a certain
day. But inftead of this, an aft was afterwards
paffed to oblige him to account for a fum amount
ing to near eighteen thoufand pounds. While this
matter was tranfafting, a new complaint was for
ged, and he was fummoned before another com
mittee of both houfes, relating to his procuring
the Five Nations to fignify their defire that he
fhould be fent home to follicit their affairs. The
criminality of this charge can be feen only through
the partial opticks, with which his enemies then
leaned his behaviour. Befides, there was no evi
dence to fupport it, and therefore the committee
required him to purge himfelf by his own oath.
Mr. Livingfton, who was better acquainted with
Englifh law and liberty, than to countenance a
practice (o odious, rejected the infolent demand
with difdain ; upon which the houfe, by advice of
the committee, addreffed the Lieutenant-Govenor,
to pray his Majefty to remove him from his offiee
of Secretary of Indian affairs, and that the Gover
nor, in the mean time, would fufpend him from
the exercife of his commiffion *.
It was at this favourable conjecture, that Jacob
Leifler's petition to the King, and his Majefty's
letter to the late Earl of Bellomont, were laid be
fore the affembly. Leifler, difpleafed with the re-
• Mr. Livingfton's reafon for not accounting was truly un-
tnfvverable ; his books and vouchers were taken into the
hands of the Government, and detained fr®m him. pore

i4» THE HISTORY OF
port of the Lords of Trade, that his father and his
Captain i eider's brother Milborne had fuffered according to law,
verfe'dty Aft'of^aid his cafe before the parliament, and obtained
Parliament, an act to reverfe the attainder. After which', he
applied to the King, complaining that his father
had difburfed about four thoufand pounds, in pur-
chafing arms and forwarding the revolution ; in
confequence of which he procured the following
-letter to Lord Bellomont, dated at Whitehall the
6th of February 1699 — 1700.
" My Lord,
'' Tf^ElE King being moved upon the petition*
'* X °f Mr. Jacob Leifler, and having a gra-
" cious fenfe of his father's fervices and fufferings,
" and the ill circumftances the petitioner is thete-
" by reduced to, his Majefty is pleafed to direct,
" that the fame be tranfmitted to your Lordfhip;
" and that you recommend his cafe to the general
" affembly of New- York, being the only place,
" v/here he can be relieved, and the prayer of his
" petition complyed with. I am,
" My Lord, your Lordfhip's
" Moft obedient and humble fervant,
" Jersey.''
Proceedings of As foon as this letter and the petition were
fat^mcap.in brought into the houfe, a thoufand pounds were
Leider's family, ordered to be levied for the benefit of Mr Leifleri
as well as feveral fums for other perfons, by a bill
for paying the debts of the government ; which,
neverthelefs did not pafs into a law, till the next
feffion. Every thing that was done at this meet ing

fart in. NEW-YORK. 141
ing of the affembly, which continued till the 18th
of October, was under the influence of a party
fpirit ; and nothing can be a fuller evidence of it,
than an incorreft, impertinent, addrefs to his Ma
jefty, which was drawn up by th.e houfe, at the
clofe of the feffion, and figned by fourteen of the
members. It contains a tedious narrative of their
proceedings, relating to the difputed elections, and
concludes with a little incenfe, to regale fome of
the then principal agents in the public affairs, in
thefe words:
" This neceffary account, of ourfelves and our
" unhappy divifions, which we hope the modera-
" tion of our Lieutenant-Governor, the wifdom
" and prudence of William' Atwood, Efq. our
" Chief Juftice, and Thomas Weaver, Efq. your
" Majefty's Collector and Receiver-General, might
" have healed, we lay before your Majefty with
" all humility, and deep fenfe of your Majefty's
" goodnefs to us, lately expreffed in fending over
" fo excellent a perfon to be our Chief Juftice."
The news of the King's having appointed I -ord^f^^
Cornbury to fucceeed the Earl of Bellomont, fa uamemt, promo.,
flrongly animated the hopes ofthe Anti-Leiflerian'^J^"?"
party, that about' the commencement of the year
1702, Nicholas Bayard promoted feveral addrefles
to the King, the Parliament, and Lord Cornbury,
which were fubfcribed at a tavern kept by one
Hutchins, an alderman of the city of New- York.
In that to his Majefty, they affured him, " That
" the late differences were not grounded on a
" regard to his intereft, but the corrupt defigns of
" thofe who laid hold on an opportunity to enrich
" themfelves by the fpoils of their neighbours."
The petition to the Parliament fays, that Leifler
and his adherents gained the fort, at the revolution,
without any oppofition ; that he oppreffed and im-
prilbned

i4a THE HISTORY OF
prifoned the people without caufe, plundered them
of their goods, and compelled them to flee their
country, tho' they were well affected to the Prince
of Orange. That the Earl of Bellomont appointed
indigent fheriffs, who returned fuch members to
the Affembly as were unduly elefted, and iri his
Lordfhip'^ efteem. That he fufpended many from
the Board of Council, who were faithful fervants of
the Crown, introducing his own tools in their
ftead. Nay they denied the authority of the late
Affembly, and added, that the houfe had bribed
both the Lieutenant-Governor and the Chief Juf
tice.; the one to pafs their bills, and the other to
defend the legality of their proceedings. "' A third
addrefs was prepared to be prefented to Lord Corn
bury, to congratulate his arrival, as well as'pre-
poflefs him in their favour, as to prejudice him
againft the oppofite party.
Nothing could have a more natural tendency to
excite the wrath ofthe Lieutenant-Governor, and
the revenge of the Council and Affembly, than
the reflections contained in thofe feveral ad-
drefies. Nanfan had no fooner received intel
ligence of them than he fummoned Hutchins
to deliver them up to him, and upon hisre-
fufal commited him to jail, on the 19th of
January ; the next day Nicholas Bayard, Rip
Van Dam, Philip French, and Thomas Wen-
ham, hot with party zeal, fent an imprudent
addrefs to the Lieutenant-Governor, boldly juf-
tifying the legality of the addrefs, and demand
ing his difeharge out of cuftody. I have be
fore taken notice, that upon Sloughter's arrival
iri 1691, an aft was paffed, 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

part in. N E W Y O R K. 143
" That whatfoever perfon or perfons fhall, by
** any manner of ways, or upon any pretence
" whatloever, endeavour, by force of arms, or
*' otherwife, to difturb the peace, good and
*' quiet of their Majefties | government, as it is
" now eftablifhed, fhall be deemed and efteemed
*' as rebels and traitors unto their Majefties,
" and incur the pains, penalties, and forfeitures,
" as the laws of England have for fuch of-
" fences made and provided." Under pretext
of this law, which Bayard himfelf had been per-
fonally concerned in enacting, Mr. Nanfan if-Impr;fonment9f
fued a warrant for committing him to jail as a Mr. Nicholas
traitor on the'. 21ft of January; and left the mobKnf^.sh
fhould interpofe, a company of foldiers, for a»i, J7«»-
week after, conftantly guarded the prifon.
Through the uncertainty of the time of Lord
Corbury's arrival, Mr. Nanfan chofe to bring
the prifoner to his Trial, as foon as poffible ;
and for that purpofe iffued a commiffion of Ojser
#nd Terminer, on the 12th of February, to
William Atwood, the Chief Juftice, and Abra-^J?^/"1
ham Pe Peyfter and Robert Walters, who were High Treafon*
the ,puifne judges of the fupreme court; andFeb' IZ,I7°2"
not long after Bayard was arraigned, indifted,
tried, and convicted of High Treafon. Seve
ral reafons were afterwards offered in arreft of
judgment ; but as the prifoner was unfortunate
ly in the hands of an enraged party, Atwood
over-ruled what wasoffered, and condemned him
to death on the 16th of March. As the pro-
cefs of his trial has been long fince printed in
the State Trial at large, I leave the reader tb
his own remarks upon the conduct of the
judges, who are generally accufed of partiality.
Bayard applied to Mr. Nanfan for a reprieve,
till his Majefty's pleafure might be cknown ; and
obtained

144 THE HISTORY'OF
obtained it, not without great difficulty, nor till
after a feeming confeffion of guilt was extorted.
Hutchins, who was alfo convicted, was bailed up
on the payment of forty pieces of eight to the
fheriff; but Bayard, whorefufed to procure him the
gift of a farm of about fifteen hundred pounds
value, was not releafed from his confinement till
after the arrival, of1 Lord Cornbury, who not only
gave his confent to an act for reverfing the late at
tainders, but procured the Queen's confirmation
of it, upon their giving fecurity according to the
advice of Sir' Edward Northey,. not to bring any
fuits .againft thofe who were concerned in their pro-
fecution ; which , the Attorney-Generad thought
proper, as. the aft ordained all the proceedings to
be obliterated.
ireffion of a After thefe trials, Nanfan erefted a Court of Ex-
^°err.tofExc e" chequer, and^again convened the Affembly, who
thanked him for his late meafures, and paffed an
aft to out-law Philip French, and Thomas Wen-
ham, who abfconded upon Bayard's* commitment;
another to augment the -number of reprefentatives,
and feveral others, which were, all but one, af
terwards repealed by Queen Anrie. During this
feffion, Lord Cornbury being daily expected, the
Lieutenant Governor fufpended Mr. Livingfton
from his feat in council, and thus continued to
abet Leifler's party, to the end of his adminiftra
tion.
Lord combu- Lord Cornbury's arrival quite opened a new
Ma^Ti"^!"' foene. His father, the Earl of Clarendon*, ad
hered to the caufe of the late abdicated King, and
always refufed the oaths both to King William
and Queen Anne. But the fon recommended him
felf at the Revolution, by appearing very early
for the Prince of Orange, being one of the firft
officers that deferred King James's army. King
William

rART m. NEW-YORK, I45
William* in gratitude for his fervices, gave him
a comrnifiion for this government, which upon the
death: of the King, was renewed by Queen Anne,
who at the fame time, .appointed him to the chief
command of New Jerfey, the government of which
the proprietors had lately fifrrendered into her hands.
As Lord Cornbury came to this province, in very
indigent circumflances, hunted out of England by
a hoft of hungry creditors, he was bent upon get-
ing as much money, as he could fqueeze out of the
purfes of an impoverifhed people. His talents
were, perhaps, not fuperior to the moft incdnfider-
able of his predeceffors ; but in his zeal for the
Church he was furpaffed by none. With thefe
bright qualifications he began his adminiftration on
the 3d of .May, 1702, affifted by a council con
fining of the following members,
Wifliam Atwood, Thomas Weaver,
William Smith, Sampfon SheltonBroughton,
Peter Schuyler, Wolfgang William Romar,
Abraharh De P eyftei* Will iam Lawrence,
Samuel Staatt, Gerardus Beekman,
•Robert Walters, Rip Van Dam.
His Lordfhip, without the leaft difguife, ef-"
poufing the Anti-Leiflerian Faction, Atwood, the
Chief Juftice, and Weaver, who afted in quality
of Solicitor-General, thought proper to retire
from his frowns to Virginia, whence they failed
to England : the former concealing himfelf under
the name or Jones, while the latter called him
felf Jackfon. Colonel Heathcote and Doftor
Bridges fucceeded in their places at the Coun
cil board.
The following fummer was remarkable" for A,s.reat, fic.^"
° ,. i-i -i j - nels in the city
an uncommon mortality, which prevailed in the of New York.
city of New York, and makes a grand epoch
L among

146 THE HISTORY OF
among our inhabitants, diftinguifhed by the
"time of the great ficknefs*." On this oc
cafion Lord Cornbury had his refidence and
court at Jamaica^ a pleafant village On Long
Ifland, diftant about twelve miles from the
city.
Difputes about The inhabitants of Jamaica con filled, at that
the cwh of time, partly of original Dutch planters, but
kgTon' Long- moftly of New England emigrants, encouraged
iiund. t0 'fett;ie there, after the furrender, by the Duke
of York's conditions for Plantations, one of
which was in thefe word's : " That every town-
*' fhip fhould be obliged to pay their own mi-
" niflers, according to fuch agreements as they
«' fhould make with him; the minifter being
" elected by the major paft of the houfholder*
" and 'inhabitants of the town." Thefe people ?
had erected an edifice for the worfhip of God,
a-nd enjoyed a handfome donation of a parfqn-
age- houfe and glebe, for the ufe of 'their mini
fter. After the miniftry act was paffed, by
Colonel Fletcher, in 1693, a - few EpiftopaliaW
crept into the town, and viewed; the Prefby-
terian Church with a jealous eye. The town
vote, in virtue of which the building had been
erefted, contained no claufe to prevent its being
hereafter engroffed by any other feet. The;
epifcopal party, who knew this, formed a de
fign of feizing the edifice for themfelves, which
they fhortly after carried into execution, by en
tering the church between the morning and
evening fervice, while the Prefbyterian Minifter
and his congregation were in perfeft fecurity, un-
fufpicious of the zeal of their adverfaries, and a
• The fever killed alrrtoft every patient (eized with it, and'
Was brought here in a veffel, from St. Thomas, in the Weft
, Indies, sm ifland remarkable for contagious, difeafes. fraudulent

tart in. ti E W-Y O R K» *4?
fraudulent ejeftment, on a day confecrated to fa-
ered -reft.
Great outrage enfued among the people, for the
contention being pro aris & Focis, was animating
and important. The original proprietors of the
houfe tore up the feats, and afterwards got the key
and the poffeffionof the church, which were fhortly
after again taken from them by force and vio
lence. In thefe eontroverfies the Governor abeted
the epifcopal zealots, arid haraffed the others
by numberlefs profeeutions, heavy fines, and
long irnprifonments ; through fear of which,
many,, who had been aftive in the difpute, fled
Oust of the province. Lord Cornbury's noble
de&eftt artd education fhould have prevented
him from taking part in fo ignominious a.qua-
rej ; but his Lordfhip's fenfe of honour and juf
tice was as weak and indelicate, as his bigotry
was rampant and uncontroulable : and hence we
find him guilty of an aft complicated of a num
ber of vices, which no man could have perpe
trated Without violence to the very flighteft re
mains of generofity and juftice. When his Ex- Mean and an-
cellency retired to Jamaica, one Hubbard, the ffatLord°Cora,
Prefbyterian Minifter, lived in the beft houfe>ui7-
in the town. His Lordfhip begged the loan of it
for the ufe of his own family, and the clergy
man put himfelf to no fmall inconveniencies to
favour the. Governor's rqqueft ; but in return
for the generous benefaction, his Lordfhip per-
fidioufly delivered the parfonage-houfe info the
hands of the epifcopal party, and encouraged
one Gardwell, the Sheriff, a mean fellow, who
afterwards put an end to his own life, to feize
upon the Glebe, which he furveyed into lots,
and farmed for the benefit of the epifcopal
church. Thefe tyrannical meafures juflly in
flamed

148 THE HIST OR Y OF
flamed the indignation of the Injured fufferers,
and that again the more embittered his Lordfhip
againft them! They refen fed,' 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 feft except
his own, he infilled that neither the minifters
nor fchoolmafters 6f the Dutch, the moft nu
merous periuafion in the province, had a right
to preach or inllruft without his gubernatorial
licence; and fome of them' tamely fubmitted to
his unauthoritative rule. A general account of
his Lordfhip's fingular zeal, is preferved under
the title of the Watch Tower, in a number' of
papers publifhed in the New' York Weekly Mer
cury for the year 1755.
a new Affem- While his excellency was exerting his bigotry^
tu-mninofhi702" during the fummer feafon, at Jamaica y the elec-
tibps were carrying On, with great heat,', for an
aflembly, which met him, at that village, in the
fall. It confifted principally of the party, which
had been borne down by the Earl of Bellomont 1
and his kinfman ; and ..hence we find Philip
French, who had lately been out-lawed, was re- ¦
turned a reprefentative for New- York, and Wil
liam Nicoll elefted into the Speaker's chair. Se
veral extrafts from my Lord's fpeech are pro
per to be laid before the reader, as a fpeeimert
Part of Lord of his temper and defigns. " It was an ex-
c. nbury's '.t trerne furprife to me (fays his Lordfhip) t®
fj>e«ch t» them. . ^ . 1 j- V,
" find this province, at my landing at New-
" York, in fuch a convulfion as muft un-
" avoidably occafioned its ruin, if it had been
" fuffered to go on a little longer; The many
" complaints that were 'brought to me, againft
*' the perfons I found here in power, fuffieient-
" ly proved againft them ; and the miferable.

" account

-art hi. NEW-YORK.
accounts I had of the condition of our frontiers
made me think it convenient to delay my
" meeting you in general affembly, till I could
inform myfelf, in fome meafure, of the con-
*' dition of this province, that 1 might be able
" to offer to your co,nfideration, fome' few of
" thofe things, which will be neceffary to be
" done forthwith, for the defence of the coun-
" try."
He then recommends their fortifying the port of
New York, and the frontiers ; adding, that he
found the foldiers naked and unarmed: after
which, he propofcs a militia bill, the erection of
publick fchools, and an examination of the pro
vincial debts and accounts ; and not only pro
mifes to make a faithful application of the mo
nies to be raifed, but that he would render
them an account. The whole fpeech is fweeten-
ed with this gracious conclufioh: " Now,
" Gentlemen, 1 have no more to trouble you
*' with, but to affure you, in the name of the
" great Queen of England, my miftrefs, that
" you may fafely depend upon ali the protec-
" tion that good and faithful fubjects can de-
" fire or expeft, from a fovereign whofe great-
" eft delight is the welfare of her people, under
*' whofe aufpicious reign we are fore to enjoy
" what no nation in the world dares claim but
*' the fubjefts of England ; I mean, the free
" enjoyment of the beft religion in the world,
" the full poffeffion of all lawful liberty, and
.« the undiilurbed enjoyment of our freeholds
" and properties. Thefe are fome, of the ma-
«* ny benefits which I take the inhabitants of
** this province to be well intitled to by the
" laws of England ; and 1 am' glad of this op-
« portunity to affure you, that as long as I
" have

*49

U50 T H E HISTORY OF
" have the honour to ferve the Queen in the
*' government of this province, thofe laws fhall
" be put in execution, according to- the intent
"'with which they were made; that is, for the
'Kprefervation and protection of the people,
' ".and not for their oppreffion. I heartily re-
*y joice to fee, that the free choice of the peor
y pie has fallen upon Gentlemen, whofe con-
y ftant fidelity to the crown, and unwearied
/" application to the good of their country, is
*' fo . univerfally known."
The Houfe echoed back an addrefs of high
compliment to h]'s Lordfhip, declaring, " That.
" being deeply fenfible of -the mifery and ca-
" lamity the country lay under at his arrival,
ft they were not fufficiently able to exprefs the
" fatisfaftion they had, both in their relief and
** and their deliverer."
Large fums of Well pleafed with a Governor who headed
b^°"theSAflem- their party, the Affembly granted him all his
^y- v requefts ; eighteen hundred pounds were raifed
for the fupport of one hundred and eighty men,
to defend their frontiers, befides two thoufancf
pounds more, as a prefent towards defraying
the expences of his voyage. The Queen, by
her letter of the 20th of April, in the next
year, forbad any fuch donations for the future.
It is obfervable, that tho' the county of Dutch-
efs had no reprefentatives at this Aflembly, yet
fuch was then the known indigence of that now1
populous and flourifhing County, that but eigh
teen pounds were aportioned for their quota of
thefe levies.
Befides the acts abover-mentioned, the Houfe
a militia aa. brought up a Militia Bill, and Continued the re-
^&G^T.°{venuetQ the 1 ft of May, 1709; and a law paf-
ichsoi. feci to eftablifh a Grammar- Scoo], according to>
his

r art in. NEW-YORK. ij»
his Lordfhip's recommendation. , Befides the
great harmony that fubfifted between the Go-
vernour and his Affembly, there was nothing
remarkable except two refolves againft the Court
of Chancery erefted by Mr. Nanfan, occafion
ed by a petition of feveral difappointed fuitors,
who were difpleafed with a decree. The refo- R*foiu ?°~ a'
• • 1 > 1 .-mi ,. gainft the Court
lutions were in thele words: " That the fetting of chancery.
" up a Court of Equity in this Colorty, without
*' confent of general AfTembly, is an innovation
'* without any former precedent, inconvenient
** and contrary to the Englifh Law." And again:
" That the Court of Chancery, as lately erect-
" ed, and managed here, was and is unwarrant-
" able, a great oppreffion to the fubjeft, of per-
" nicious example and confequence; that all
*' proceedings, orders, and decrees in the fame-,
" are^ and of right ought to be, declared null
*' and void ; and that a Bill be brought in
*' according to thefe two refolutions," which
was done : but tho' his Lordfhip was by
no means difinclincd to fix contempt on Nan-
fan's adminiftration, yet as this Bill would di-
minifh his own power, himfelf being the Chan
cellor, the matter was never moved farther, than
to the order for the ingroffment of the Bill upon
the fecond reading.
Tho' a war was proclaimed by England on
the 4th of May, 1702, againft France and Spain,
yet as the five Nations had entered into a treaty
of neutrality with the French in Cannada, this
province,, inftead of being haraffed on its borders
by the enemy, carried on a trade very advan-The Governor
taeeous to all thofe who were concerned in it. appropriates to
„^P _. , ...... ... . his own ufe
The Governor, however, continued his follici- ^ocWpubikk
tations for money, with unremited Importunity, m°oneyAPn1'
and by alarming the Affembly, which met in
April,

152 THE HISTORY OF'
April, 1703, with his. expectation of an attack
by fea, fifteen hundred pounds were raifed under
pretence of erecting two batteries at the Nar
rows ; which, inftead of being employed for that
ufe, his Lordfhip, notwithftanding the province
had expended twenty-two thoufand pounds dur-r
ing the late Peace, was pleafed to appropriate
to his private adavntage. But let us ,do him.
the juftice to confefs, that while he was robbing
the publick, he at the fame time confented to fe
veral other laws for the emolument of the
clergy.
oiiTatisfaaionof Whether it was owing to the extraordinary
the Aflembly at fasracity of the Houfe, or. their prefumption that
the mifapphca- p ¦ ' n . ,. . , r n 1 >
tion of the pub» his ; Lordfhip, was as little to be trufted as any of
Jick revenue, j^jg predeceffors, that after voting the above fum for
the batteries, they added, that it fhould be " fof
*' no other ufe whatfover, " I leave the reader
to determine. Icis certain they now began to fee the
danger of throwing the publick money into
the hands of a Receiver-General appointed by the
Crown, from whence the Governor, by his war
rants, might draw it at his pleafure. To this
caufe1 we muft affign it, that in an addrefs to
his Lordfhip, on the 19th of June, 1703 thev
*' defire and infift, that fome proper and fuf--
<{ ficent perfons might be commiffioned trea-
" furer, for the receiving and paying fuch mo-
" nies now intended to be raifed for the publick
*' ufea as a means to obftruft mifapplications
" for the future." Another addrefs was fent home
to the Queen, complaining of the ill ftate ofthe
revenue, thro? the frauds which had formerly-
been committed, the better to facilitate the im
portant defign of having a treafurer dependent
pn the Aflembly. The fuccefs of thefe meafures,
will appear in the fequel,
Tho'

fart in, NEW-YORK. 15$
Tho' our frontiers enjoyed the profoundeft tran-*
quility all the next winter, and we had expended
thirteen hundred pounds, in fuporting one hun
dred fuzileers about Albany, befides the four inde
pendent companies in the pay of the Crown, yet
his excellency demanded provifions for one hundred
and> fifty men, at the next metting ofthe Affembly,
in April, 1 704. The Houfe having reafon to fufpect, Another Seffiprj
that the feveral fums of eighteen and thirteen hun, £ t^tt'
dred pounds, lately raifed for the publick fervice,
had been prodigally expended or embezzled, pru
dently declined any farther aids, till they weret
fatisfied that no mifapplication had been made. The ., . .
For this purpofe they appointed a Commitee, to the'Xri'oi'
who reported that there was a balance of near a the Publkk re~
thoufand pounds due to the Colony. His Lord
fhip, who had hitherto been treated with great
complaifance, took offence at this parfimonious The Governor
fcrutiny, and ordered the Affembly to attend him ; "-^{f}"{td
1 J ¦ 1 1 c 1-1 / 1 L Wlth their £"'<»*
when, after the example of Fletcher, whom, abat- feedings.
ing that man's fuperior activity, his Lordfhip moft.
ly refembled, he made an angry fpeech, in which
he charges them with innovations never attempted
by their predeceffors, and hopes they would nof
force him to exert " certain powers " veiled iri
him by the Queen. But what he more parti
cularly took notice of, was their infifting in feveral
late Bills, upon the title of " General Affembly,"
and a faving of the "Rights of the Houfe," in a.
refolve agreeing to an amendment for preventing
delay 5 with refpect to which, his Lordfhip has
thefe words: " I know, of no right that you have as
an Affembly, but fuch as the Queen is pleafed to
allow you." As to the vote, by which they found
a balance due to the Colony, of nine hundred
and thirteen pounds, fifteen Shillings, " it is true
*s (fays his Lordfhip) the Queen is 'pleafed to
com^

J34 THE HISTORY O F
" command me, in her iriftruftions, to permit the.
*' Affembly, from. time to time, to view and ex-
*' amine the accounts of money, or value of money,
" difpbfed by virtue of the Laws made by them j
** but you can in no wife meddle with that money ;
" but if you find any rriifapplication of any. of
" that money, you ought to acquaint me with it4
" that I may take care to fee thofe miftakes rec-
*' tified, which I fhall certainly do."
The Houfe bbre thefe rebukes with the utmofl
fiaffivenefs, contenting themfelves with little elfe
than a general complaint of the deficiency of the
,*n6thef meet- revenue, which became the fubject of their par-
feibfytinSthe:'ticularconuderation in die fall. The Governor,
*Btumnof 1704.011 the one hand, then propofed an additional duty
of ten per cent, on certain goods, not immediate-
S^T^SEeVly imported from Europe, to which the Affembly,
the Governor on the other, were utterly averfe,'and as foon as
$p. e c "they refolved againft it, the very printer, clerk,
and door-keeper, were denied the payment of their
falaries. Several other demands being made for the
publick debts, the Houfe refolved to addrefs his
Lordfhip for an exact account of the revenue,
which together with their refufal, to admit the
council's amendment of a money bill, gave
The Governor him fuch high provocation, that he was in-
diffo^tieAf-duced to.diffo]ve an Affembly,. whofe prodigal
liberality had juflly expofed them to the refenf.-
a new Affembly nient of the people ' The new Affembly, which
June 14, ^705 met on the 14th of June, 1705, neglected,
the Affair of the revenue and the additional
duty, though his Lordfhip ftrongly recommend?
ecj them both. Among the principal acts pal-
f " a£ foJ !ue fed at this meeting, is that for the benefit of
fcenent or the , . , . , 1 ¦ . Q" .
Clergy. the clergy* who were entitled to the falaries for
merly eftablifhed by Colonel Fletcher; which,
tho' lefs than his Lordfhip recommended, "was
doubtlefs

r**T ii,. NEW-YORK. ,5£
doubtlefs a grateful offering to his unceaflng
zeal for the Church, manifefted in a part of
his fpeech at the opening of the Seflloh, in thefe
words : " The difficulties which fome very
*' worthy Minifters of the Church of England
*' have met with, in getting the maintainance
" fettled upon them be an aft of the general
" Affembly of this Province, paffed in the Year*
** 1693, moves me to propofe to you the paffing
" an act, explanatory of the forementioned
*' act, that thofe worthy good men, who have
" ventured to come fo far, for the fervice of
*' God in his Church, and the good and edification
" ofthe people, to the falvation of their fouls,
" may not for the future be vexed,' as fome
" of them have been ; but may injoy in quiet,
" that maintainance, which was by a law pro-
*' vided for them *. I farther recommended to
" you, the paffing of an aft to provide for
*' the maintainance of fome minifters, in fome
*p of the towns at the eaft end of Long-Ifland,
*e where I don't find any provifion has been-'
** yet made for propagating Religion."
Our Harbour being wholly unfortified!, a French a French ftU
Privateer actually entered it in 1705, and put ^^"0"^.
the inhabitants into great confternation. The York,
Affembly, at their Seffion in June the next ^itlff'mt^,
Year, were not difinclined, thro' the importuni- »n June, i7o6»
ty of the people, to put the city in a better
pofture of defence for the future ; but being
fully convinced, by his Lordfhip's embezzle
ment of, 1500 1. formerly raifed for two bat
teries at the Narrows, and near 1000 1. levied^

• Tl\e Majority of our people are of a contrary opinion, if
jny Lord thought the eftab-lifhment was defigned only foe
$hc epifcopal clergy for

.f$6 THE HISTORY OF
for the protection of the Frontiers, that he was
no more to be trufted with publick .monies, of
fered a bill for rajfing 3000 1. for fortifications,
fo M ooo°7 for aPP°'ntulS that fum to be depofited in the hands
the purpofe of pt a private perfon of , their own nomination; but
fc»bournofNe£w-ms Excellency -. did not pafs.it fjll their next meet-
York. ing in the fall, when he informed them that
he had received the Queen's command, " to
" permit the general affembly. to name their own
" treafurer, when they raifed extraordinary fup-
*' plies for particular ufes, and which are no
*' part of : the Handing and conftant revenue ;
*'.the treafurer being accountable to the three
" branches of the Legiflature, and the Gover-
*' nor . always accquainted with the occafion of
" iffuing fuch warrants."
His Lordfhip's renewing the propofal of
raifing Fortifications at. the Narrows, which he
had himfelf hitherto fcandaloufly prevented, is a
proof of his exceffive effrontery and contempt ofthe
people ; and the negleft of the Houfe, to take the
The Affemtiy *€aft notice, either of that matter or the revenue,
cflbive*. occafioned another diffolution.
Before I proceed to the tranfaftions of the
new Affembly^ which did not meet till the
Year 1708, it will not be improper to lay before
the reader, the account of a memorable proof
of that perfecuting fpif it, which influenced Lord
Cornbury's whole adminiftration.
; The inhabitants of the city of New- York
confuted, at this time, of Dutch Calvinifts, upon
the plan of the Church, of Holland; French re
fugees, on the Geneva model; a few Englifh
Epifcopalians ; . and a ftill fmaller number of
Englifh and Irifh Prefbyterians ;|whohaving,neith@r
3. Minifter nor a Church, ufed to affemble them
felves, every Sunday, at a private houfe, for the
worfhip

tart in. N E W^Y 6 R t. u - <$7
woffhip of God. Such were their - circumftances, ^™ofec^"ff
when Francis M' Kemie and John Hampton, tul minifters
two Prefoyterian Minifters arrived here in Janu- f°5 Pre?h!!!s
a /- x s-, i i .without the
afy,* 1707., As loon as Lord Cornbury, who Governor'! v
hated the whole perfuafion, heard that the'^""* u
Dutch had confented to M' Kemie's preaching'
in their Church, he arbitrarily forbid it ; fb fhat
the publick worfhip, on the next fabbath, was
performed, with open doors, at a private houfe.
Mr. ' Hampton' preached, the fame day, at the
Prefoyterian Church in New Town diftant a
few miles from the city. At that Village both
thefe Minifters were two or three days after ap
prehended by Cardwel the fheriff, purfuant to
his Lordfhip's warrant for preaching without his
licence. From hence they were led in triumph
a circuit of feveral miles through Jamaica to
New- York. They appeared before his Lordfhip'
with an undaunted courage, and had a conference
with him, in which it is difficult to determine,
whether my Lord excelled in the character of
a favage bigot; or an ill-mannerly tyrant. The mini
fters were no lawyers,or they would not have founded
their juftification ort the fuppofed extent of the •
Englifh act of toleration. They know not that
the ecclefiaftical ftatutes had no relatidn to this
Colony ; and that its religious ftate confuted in
a ""perfect parity between proteftants of all
denominations. They Crrorieoufly fuppofed that
all the penal laws extended to this province,
and relied for their defence, on the toleration,
offering teftimonials ' for their having complied
with the aft of Parliament in Virginia and Mary
land, arid promifed to certify the houfe, in which
M' Kemie had preached, to the next feffions:
His Lordfhip's difcourfe with them was the
more

*S$ THElilSTGRYOF
more ridiculau?, becaufe he had Bickly, the at
torney-general, to affift him. Againft the ex-
Isehfion on the fixture, they infifted that the penal
Jaw were limitted to England, and fo, alfo the'
toleration aft> becaufe the fole intent of it was
• to, take away the penalties formerly eftablifhec].
But grant the pofition, ancl the cortfequence they
drew from: it argues that my Lord and Mr,
Attorney were either very weak, or influenced by
evil defigns. If the penal laws did not extend tq,
the Plantations, then the prifoners were in
nocent,, for where there is no law there can bg
nb tranfgreffion j but according to thefe incom
parable fages, if the penal laws and th$ toleration
were reftrifted to the realm of England, as they
contended, then the poor Clergymen, for preach
ing without his licence, were guilty of a henious.
cjrime, againft his private, unpublifhed inftrvictionsj
and for this,, caufe he iflue$ an informal precept
to the Sheriff of New- York, for their com*
mitment to j^ih till further orders. • They conV
tinued in confinement, through the abfence of
Mompeffon, the Chief Juftice, who w,as in. New-.,
Jerfpy, fix weeks and four days j but were
then brought before him by writt of Habeas
Corpus. Mompeflqn being a man of learning
in his profeffion, and his Lordfhip now apprifed
of the illegality of his firft warrant, iffued an-*
other, on the very day of the teft of the writ*
in which he virtually contradicts wfiat he had
before infilled on, at his conference with the
prifoners. For according to this, they were
imprifoned for preaching without being qualified
as the toleration aft required, tho' they had of
fered themfelves to the feffions during their
irhpri fon ment. They were then bailed to the
next fupreme Court, which began a few days
after.

TART m. N E y/.-Y 0 R £' ^JH
after. . Great pains were taken to fecure a grand
jury for the purpofe, and among thpfe wha
found the indictment, to their fhame be if re-
rriembered, were feveral Dutch and French Pro-
teftants. * Mr. M' Kemie returned to New-York, from
Virginia, in June; and was now conie to his
trial on the Indictment found at thp laft court.
As to Mr. Hampton, he was difcharged, no
evidence being offered to the grand jury againft
him. Brckley, the Attorn,ey,General, managed the
profecution in the name of the Queen ; Reig-
nere, Nicoll, and Jamifon appeared for the de-^
fthdant. The trial-was held on the 6th of June*
and being a ca.ufje of great expectation, a, nu
merous audience attended. Roger M.ornp^fFonl
fat; on the bench as Chief Juftjce, with Roberfi
Mil ward and Thomas Wenham for his affift-
ants. The indiftment was, in fubftance, that
Francis M'Kemie, pretending himfelf to, be a
prpteftant diffenting minifter, contemning and en
deavouring to fubvert the Queen's ecelefiaftical
fupremacy, unlawfully preached without the Go
vernor's licence firfl obtained, in derogation of
the royal authority and prerogative: that he
ufed other rites and ceremonies, than thofe conr
tained in the commpn-prayer book. And laftly,
that being unqualified by law to preach, ' he
neyerthelefs did 'p: each at an illegal conventicle:
and both thefe l?.ft charges were laid to be con
trary to the form of the Englifh ftatutes; For
, it feems that Mr. Attorney was now of opi
nion, that the penal laws did extend to the
American Plantations, tho' his fentiments were
the very reyerfe at the firft debate before his ex
cellency.

£*? T H E H i S T O R Y 0 F
cellency : but Bickley was rather remarkable £ot
a voluble tongue, than a penetrating head or
much learning. To fuppbrt this profecution, he
endeavoured to prove the Queen's ecclefiaftical
fupremacy.in the Colonies, and that, it was de*
legated' to her noble coufin the Governor;, and
hence3 he 'was of opinion, that his Lbrdfhip's
inftfuftions relating to church matters, had the
force of law. He, in the next place, contended,
for the extention of the Statutes of uniformity*
and upon the whole, was pleafed to fay, that
he 'did not doubt the jury would 'find' a verdict;
for the - Queen. Reignere, for' the defend
ant, infilled, that preaching was no . crime
by the Common Law, that the Statutes ofunifo*-,
mity, and the aft of toleration, did not extend
here, and that the Governor's inftruftions , were
not laws.. Nicoll fpoke to the fame purpofe,
and fo did David Jamifon ; but M'Kemie con
cluded the whole defence in a fpeech,' which
lets his capacity in a very advantageous light*.
The reader may fee it in the narrative of this;
trial, which was firft publifhed at the time, and.
fince reprinted at New- York in the year 17^5.
The Chief Juftice, in his charge, advifed, a.
fpecial verdict, but the jury found no difficulty,,
to acquit the defendant, who, thro' the fhame-
ful partiality of the court, was not difcharged.
from -his recognizance till they had illegally ex
torted all the fees of his profecution, which to
gether with his expences, amounting to eighty-^
three pounds feven fhillings and fix-pence.
Lord Cornbury was now daily lofing the fa-
Lord Cornbury vour " of the people. The friends of Leifler
incomes the hacj him in the utmbft abhorrence from the
jeipte'i° hatred, beginning; and being all fpies upon his Con
duct, it was impoffible for his Lordfhip to
commit

rARTrm. _N E V£-Y 0 R X. #i4|
commit the fmalleft crime unnoticed. His per-
fecution of the Prefbyterians very early encreafed
the number of his enemies. The Dutch too
were fearful of his religious rage againft them,
as he difputed their right to call and fettle
minifters, or even fchoolmafters, without his
fpecial licence. His exceffive avarice, his em
bezzlement of the publick money, and his for
did refufal to pay his private debts, bore fo
heavily upon his reputation, that it was impof-
fible for his adherents, either to fupport him,
or themfelves, againft the general oppofition.
Such being the temper of the people, his Lord
fhip did riot fucceed according to his wifhes in
the new AfTembly which met on the 19th of
Auguft,. j 708. The members were all againft him a new Airem,-
and William Nicoll was again chofen Speaker. bl^sAug" I9'
"Among the feveral things recommended to '
their confideration, the affair of the revenue, Money granted
which was to expire iq May following, and the £n™o'«LPir-
propriety of making prefents to the Indians, dians.
were the chief. The Houfe were not infen-
fibje of the importance of the Indian intereft,
and of the infinite arts of the French to fe-
duce them from our alliance : but fufpicious
that his ' Lordfhip, who heretofore had given
himfelf little concern about that matter, was
feeking a frefh opportunity to defraud the pub
lick, they defired him. to give them a lift of the.
articles of which the prefents were to confiil,
together with an eftimate of the charge, before
they would provide for that donation.
With refpeft to the revenue his Lordfhip was
not fo fuccefsful, for the Affembly refolutely The Antmbiy
.-, . . i,l r J rcfufes to contl-
refufed to continue it; tho they contented to nuc che pubiick
an act to difcharge him from a contract ot avenue.
250k and upwards, which he had made with
one Hanfon for the publick fervice. Thomas
[ *L J Byedy

?146 o':" T H Ej H I S T 0 R Y Of-....
tJyerly was, at that time, Collector artd Receiver-
General; and by pretending th^f the treafuty^vas
'exhaufted, the debts of the government wete'im-
.paid. This gave rife to 'many ^etitlblr]s;'ir#'|tlie
'Affembly to make p'rOvifion fbr1 their/ ttifcnarge.
Colonel Schuyler," who had expended lar$6'JTi!jrns
^on the publick credit, Was. atnong"1 the pririciT
pal fufferers, "and j'dined with ; feveral* others^ iri
' an application tof the hbufe, that Byerlymight
be^compelled to account. rThc! difputes^" relat
ing" to this matter^ took up* a a.cbnfiderable part
of the feffion, and were' litigated with great
heat. Upon the whble, an aft was failed
for refunding 700I. which had been rriifapplied.
The refolutions of the Committee of' Grie
vances, approved by the houfe, fhew the general
objections of the people to his Lordfhip's ad
miniftration. Thefe were made at the begin
ning of the feffion, and yet we find this haugh
ty Lord fubdued by the oppofitibq againft
him, and fo difpiriteq thro' indigence, and the
inceffarit felicitations of his creditors, that he
not only omitted to iuftify himfelf, but to fhew
even an impotent refentment. For after all the
cefifures of the houfe, he tamely thanked them,
; for . paffing the bill tb difchafge him from ;a
fmall debt, whjch they Could not, in juftice, have
refilled. The refolu'titW were in thefe woftis :
fhfSttee " Rek.M, ' That it is the opinion of this
«f grievances, " Committee, that the appointing Coroners in
" this Colony, without their being chofen by the
" ptople, is a grievance, and contrary fo law*.
" Refolved, That it is, and always has/been
" the unqueftionable , right of every "freeman
•'. in this Colony, that he hath a perfect and
** entire property in Jus goods and Eftate.'' .
" Refolved
* SeeLord Bacon's Wprks.'Fol. Edit. 2. Vol. 152. and yet
the Coroners in every coiinty are IFill appointed by the Governor.

Part in. „ NEW. YORK. *ttf
" Refolved, That the impofing and levying of
"..any. monies upon her Majefty's fubjects of this
"Colony, under any pretence or .colour what-
*' Toever, without c^nfentin.generaLAffembly, is a
*' grievance, and a viojiatfonof the people's property.
" Hefblved, That for any officer whatfoever to
"extort from the people, ' extravagant and un-
** limitted,, fees, or any money whatfoever, not
*' poiltively eftablifhed and "regulated by con-
*' fent in general Affembly, is unreafonable and
" unlawful, a great grjevance,and tending to the Ul
ster deftruftion of all property in this plantation.
- " Refolved, That the erefting a Court of Equity
*c without confent in general Aflembly is contrary to
*' law, without precedent, and of dangerous confe-
" quence to the liberty and property of the fubjefts.
^ Refolved, That the taifing of money for the Go-
** verment, or other neceffary charge, by any tax,
" impoft, or. burthen on goods irnported, or ex-
*' ported ; or any clog, or hindrance, on traf-
*c iic;k ,pr commerce, is found "by experience
'.' tb be the expulfion of .many, 'and the im-
*¦' poverifhing pf the reft of the planters, free-
,"., holder^ and inhabitants of this Colony ; of moft
" perniqipus, cpnfequence, which if continued, will
*' unavoidably prove the ruin of the colony.
J ** Jlefolved, That the exceffive, fums of money
" Tcrewed from matters of vQffels trading here, un-
" iier the notion of port-charges, vifiting the faid vef-
" fels by fupernumerary officers, and^tak ing extra*
*' ordinary fees, is the great difcouragement of
" trade, and flrangers coming amongft us, beyond
" the precedent of any other port, and without
"fcc-Jour of law.
" Refolved, That the compelling any man upon
" trial by a jury, or otherwife, to pay any fees
" for his profecution, or any thing whatfoever,
«* .unkfs the fees of the officers whom he em-
*' ploys

And is after
wards thrown
iuto prifon by
his creditors.

His character.

•i"4*' -^ THE HISTORY 0»
" ploys for his neceffary defence, is a great grje-
"-yance,; and contrary to juftice* .** .v»ii"'v-w ton-:
Lord Cornbury was: no left obnbxioasJt© ' the-
people of New- Jerfey, than to thofe of NeWJYtifk.
The Affembly of- that province, impatient' of- his
tyranny, drew up a complaint againft1 him'," which t>
they fent home to the Queen., mfiii^ '*¦* ?^\~-$\
Lord combury Her Majefty gracibufty liftened to the. cries aof*
•IS difmifled by ner injure(j fubiefts- 'diverted him of his power,
the Queenfrom J . J "* A ,r
the Government and appomted Lord Lovelace m his ftead j ce-
0f the Province, blaring that foe would, i not countenance her near-
eft relations in opprefling her people. J ^' isrfi
As foon as my Lord was fuperfeded, his cre
ditors threw him: into the cufbody of the Sheriff;
of New- York ; and he remained hear till the death/i
of his father, when fucceding to the Earldom
of Clarendon, he returned tb England.
We never had a Governor fo univerfally de-
tefted, nor any who fo richly deferved the pub
lick abhorrence. bi In fpite of his noble decent,
bis Behaviour was trifling, mean and extravgant.
It was not uncommon for him to drefs" hrrmelf
in a woman's habir, and then to patrble the fort iri
which he refided. Such freaks of low humour
expofed him to the univerfal contempt of the
people ; but their .indignation was ' kindled bv
his defpotick rule, favage bigotry, hnatiaby
avarice, ar.d injuftice, not only to the publick,
but even his private creditors. Fbr'he left fome
of the loweft tradefmen in his employment un-
fatisfied in ,their juft demands.
John Lord Lovelace, Baron of Hurly, was ap-
f«c«eds to the pointed to this Government, in the fpf ing, 1708,
D^«tarT7o8"but did not arrive here till the 18th of De
cember following. Lord Cornbury*s oppreffive,
mean, adminiftration had long made the people very
* This had a fpecial relation to the late profecution of
Mr. M' K«mie.

J^ord Lovelace

*art in ¦* N E W-Y p;R K. *l4g'
Very.defirous of a change; arid tfcerefbre his fue-
ceflbr was received with uniyerifll joy. Having
diffolved t the General Aflembly, < foon after his
acceffiotv to the Government^ he convened a hew -f new Anem
one on the^* 5th of, -April, 1709, which cdnfifted^f11"1 5'
of . members of the feme intereft with the la(V*
£e-ele£ted William Nicoll, the -former foeakei*,
into the chair. bHis Lordfhip told them, at
the beginihgof the Seffion, " that he hid brought
"tjwithhini large fupplies of foldiers and ftores ' -<
"of war, as well as prefents, for the Indians,"
than which nbthing cOuld be more agreeable td
the people. He lamented the greatnefs of the
provincial debts, and the decay of publick credit;
but ftill recommened their railing a revenue, for
the fame term with that eftablifhed by the aft in
the 1 ith year of the late reign. He alfo preffed
the difcharge ofthe debts of the Goverment,
//^and their examination of the publick accounts,
" that it" may be known (faid he) what this
*' debt is and that it may appear hereafter to all
** the world, that* it was not contracted in my
"time." This oblique reflection upon his prei-
deceffor, who was now ignominioufly imptifoh-
rd by his; creditors, was difpleafing to no body.
Tho'the Affembly, in their anfwer, heartily con
gratulated his Lordfhip's arrival, and thanked the
Queen for her care of the Province, yet they
lufficiently intimated their difinclination to raife
the revenue, which the Governor had requefted.
Our earned wifhes (to ufe the words of the
addrefs) are, that fui table -meafures may be
taken, to encourage the few inhabitants left
to flay in iti and others to come. The juft
freedom injoyed by our neighbours by the tend
er indulgence of the Government, has extreme
ly drained and exhaufted us both of people
and ftock ; whilft a different treatment, the

IC

wrong

mi& THE HISTORY Of
" wrong methods too long taken, and feveritieS
" praftiled. here, have averted and deterred.
" the ufual part of jmankhtd from fettling and,
" coming . hitherto." Towards the clofe, they
affile him?T" thajt-as the ^beginning of^his Gq-
" vernment- gave' -them a( delightful pJofpeetrof
" tranquility, fo they were come with minds pre-
" pared ' to confult the. good ofthe country and.
" his fati&factipn."
'the revenue it The principal matter which engaged tlje at-»
granted for one ^^ ^^ .Qfc^fy wa^/ the Jfair fef the
revenue. Lord Cornbury's conduct had rendered
them utterly averfe to a permanent fupport for
the future, and yet they were un willing to quarrel
with the new Governor. They, however, at laft
agreed, ,on the. 5th of ^May^.to. raife 2500 1. to
defray the charges of tjie .Government to the ift
of May enfuing, 1600 1. of which was voted to his
Excellency, and the remaining fums towards a
foppjy "of firewood and candles to the feveritl
forts in New- York, Albany, and Schenectady-,
and for payment of fmall falaries, to the printer,
clerk of the Council, and .Indian interpreter.
This new project of providing, annually, for
the fupport of Gpvernment, was contrived to
prevent the mifchiefs, to which'" the long reve-
,, niies had formerly expofed us. But as it ren
dered the Governor, and all the other fervants
of the Crown dependent upon the"" Aflembly, A
rupture, between the feveral branches of the le-
giflature, would doubtlefs have enfued ; but the
very day, in which the: vbte paffed the houfe,
his" "Lordfhip died of a difbrdef contracted in
Lovelace, May cr°ntng the ferry at ' his firft arrvial in the
5» '709- city of New- York. His Lady continued here,
long after his death, foliciting ' for' the fum voted
to ner hufoand ; but tho' ,the Queen interpofed,
by a letter,' in her 'behalf, nbthing was allowed
till feveral years afterwards.
THE,

: i THE
H I s: T OR Y!
*»;:>>,: - ¦¦ , OF i
N E W-Y O R E.
PAR T IV.
"ifotf* ^>tf Canada Expedition in 17091 /o /fo Arrivd.1
of Governor Burnet.
LOR D Lovelace being dead, the chief command . Adminiftra-
devolvedj upon Richard Ingoldfby, the Lieu- nant-govemm
tenant-Governor, the fame who had exercifed ingoidn>y.A.D.
the government feveral1 years, before, upon. the
deceafe of Colonel Sloughter. His ihort admi
niftration is remarkable, not for his extraordi
nary talents, for he was a heavy man, but for
a.vfec.orid f ruitlefs, attempt againft _ Canada. Co- An unfucee£-
lonel, Vetch, who had. been, feveral years be- ^J^ ecS,
fore,, at Quebec, and founded the river of St.
Lawrence, was the firft projeftor of, this enters
prife. The Miniftry approved of it, and Vetch
arrived jn Bofton, and prevailed upon the New-
England Colonies., to join in the foheme. After
that, he came tQ New-York, and concerted the
plan fif operations with Francis Nfoolfon, for
merly our Lieutenant-Governor, who, at the
requeft of Ingpidfby, jh? Council, '_-the Aflem
bly, Guj-don Saltonftat, the Qovernqr of Con-
nefticut, and Charles' Cock.in, Lieutenant-Gor vernor

*i5i THE HISTORY OF
vernor of Pennfylvania, accepted the" chief com>
mand of the Provincial forces, intended tor pe
netrate into Canada, by way: ofr lake Cham-
plain. Impoverifhed as we were, the Aflembly
joined heartily in. the enterprtfe. It was at this
The firft aa junfture, our firft aft for iffuing billst of credit
of Aflembly for was paffed ;_ an expedient without which we
vriiu '50 could not have contributed to the expedition,
the treafury being then totally exhaufted.- Uni-
verfal joy now brightened every man's counted
nance, becaufe aU expected the. complete reduc
tion of Canada, before the enfuing fall. Big
with the pleafing profpect of an 'event, which
wOuld put a period to all the ravages of an
encroaching, mercilefs enemy, extend the Britifh
empire, and augment our trade, we exerted our-
felves to the utmoft, for the J fuccefs of the
expedition. As foon as the defign was made
known to the Houfe, twenty fhip and houfe
carpenters were imprefled into the fervice for
building batteaus. Commiffioners alfo were ap
pointed to purchafe provifions and other ne
ceffaries, and empowered to break open houfes
for that purpofe ; ; and to imprefs men, veflels,
horfes, arid waggons for tranfporting the ftores.
Fetor • hundred and eighty-feven men, befides
the independant companieSj were raifed and de
tached to' Albany, by the 27th of June; from
whence they advanced, with the main body,
tothe Wood Creek. Three forts were built
there, befides many block-houfes and ftores
for the provifions, which were tranfported with
great difpatch. The -province of New- York
(all things confidered) 'has the merit of having
contributed more than any of her neighbours
towards' this expedition. Pennfylvania gave no
kind of aid, and New- Jerfey was only at the
expence of 3000! . ¦ One hundted batteaus, as
many

j-aRtiv. N E W-Y O R K. »I43
many birch canoes, «nd two of the forts,
were built 'entirely, and the other fort, for the
moift part, at the charge ot this government.
AH the provifions and ftores for the army*
were tranfported at our expence-, and befides
our quota of volunteers and the independant
companies, we procured and maintained fix
hundred Indians, and viftualled a thoufand of
their wives and children at Albany, during
the campaign.
Having thus put ourfelves to the expence of
above twenty thoufand pounds towards this en-
terprife, the delay of -the; arrival of the fleet
fpread a general difcontent through the. country j
and early in the fall, the Affembly addrefied 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 Rhode-
Jfland, where ¦. there was a- Congrefs of Gover
nors. Ingoldfby, who was invited to it, did
not appear', in compliance with the inclina
tion of the Affembly, who, incenfed at the pub
lick, difappointment, harboured great jealoufies
of all the ijfirft< promoters of the defign. As
foon^ therefore, as Lord Sunderland's letters,
which , arrived here on the 21ft of Oftober, were
laid before the Houfe, they refolved to fend an
addrefs to the Queen, -to lay before her a true
account of the manner in which this Province
exerted itfelf irt the . late undertaking.
Had this .expedition been vigoroufly car
ried on, it doubtlefs would have fucceeded. The
publick affairs at .home were .conducted by a
wife Miniftry. . The allied army .triumphed in
repeated fucceffes in Flanders ;' and , the Court
of France was in no condition to give affift-
[ * L ] ance

*,44 THE HISTORY OF
ance to fo diftant a, Cofony as Canada. The
Indians ofthe Five Nations were engaged, thro'
the indefatigable folicitationof Colonel Schuyler j
I© join heartily in the, attempt; and the Fiaft-
ern Colonies had nothing to fear , from the Ou-
wenagunas,, becaufe thofe Indians had a little,
, before concluded a peace with the confe
derates. In America every thing was ripe for
the attack. At. home Lord .Sunderland, the Se
cretary of State, had proceeded fo far* as to
difpatch orders to the Queen's fhips at Bofton,
to hold themfelves in readinefs, and: the Britifh
Troops were upon the point of their embarkation.
At this junfture, the news arrived of the defeat of
the Portuguefe, which reducing our allies to
great ftreights, the. forces intended for the Ame-
..ncan adventure were then ordered to their af-
fiflance, and the thoughts of the, miniftry en*
tirely diverted from the Canada expedition.
singular rne- , As we had not a man in this Province, who
sth°f ierlone' nac* more extended views of the importance of
driving the French out of Canada than Colonel
Schuyler, fo neither did any perfon more heartU
]y engage < in the late expedition. To pre*
ferve the friendfhip of the Five, Nations, with*
out which it would be impoffible to prevent
our frontiers from becoming a field of blood,
he ftudied all the arts of infinuating himfelf in
to their fayour. He gave them all poffible
encouragement and affiftance, and very much in>
paired his own fortune, by his liberality td
their chiefs. They, never came to Albany but
they reforted to his houfe,1 and even dined at
his table ; and by this means he obtained an
afcendancy over them, which was attended with
very good confequenees to the province, for
he could always, in a great, degree, obviate or
eradicate

tart iv. N E W-Y O R K. *n$
eradicate the prejudices and jealoufies; by which
the French Jefurts were rricefFaflcly labouring to
debauch their fidelity.
' Impreffcd with a ftrong fenfe of the necef-
fity of fome vigorous meafures againft the
French, Colonel Schuyler was extremely dif-
contented J at the late difappointment ; and re
folved to make a voyage to England, at his
private expence, the better to inculcate on the
miniftry, the abfolnte neceffity of reducing Ca-
nada to the Crown of Great-Britain. ' For ^Z^-
that purpofe he propofed to carry , home with pany with five
him five Indian Chiefs. The Houfe no foon-Indi?nchiefs-
er heard- of his dtefign,' than they came to a
refolution, which, in juftice to his diftinguifh-
ed merit, I ought not to fopprefs. 'It was
this; " Refolved, nemine contradicente, that the
" humble addrefs of the Lieutenant-Governor,
" Council, and General Affembly of this Co-
" lony to the Queen, reprefenting the prefent
" ftate of this Plantation, be committed to his
" charge and care, to be prefented by himfelf
" w her facred Majefty ; he being a perfon,
" who not only in the laft, war, when he com-r
" manded the forces of this Colony in Chief
" at Canada; but alfo in the prefent, has per-
" formed faithful fervices, to this and the
" neighbouring Colonies ; and behaved himfelf
«' in the offices with he has been intrufted,
" with good reputation, and the general fatif-
f faction of the people in thefe parts."
The arrival of the five Sachems in England,
made a great bruit thro' the whole kingdom.
The mob followed them wherever they went, and
fmall cuts of them were fold among the people.
The Court was at . that time in mourning for
the death ,of the Prince of Denmark: thefe
• American

HS THE HISTORY OF '
American Kings * were therefore dreffed in black
under Cloths^ - after the Englifh manner-, but,
inftead of a blanket, they had each a fcarlet-
in-grain , cloth mantle, edged with gold, thrown,
over all their other garments. This , drefs was
directed , by the dreffers of the Play houfe, and
given by the Queen, who was advifed to make a
fhew of them. A more than ordinary folem-
nity attended the audience they had of her Ma
jefty. Sir Charles Cotterel conducted them, in
*- two coaches, to St. James's -, and the Lord Cham
berlain introduced them into the royal Prefence.
Their fpeech, on the 19th of April, 17 10, is
preferved by Oldmixpn, and was in thefe words ;
Great Queen,
" We have undertaken a long voyage, which
*' none of our predeceffors could be prevail-)
" ed upon to undertake, to fee our great
" Queen, and relate to her thofe things,
** which we thought abfolutely neceffary for
" the good' of her, and us her allies, on the
" other fide the water.
- " We doubt not but our great Qtieen , has
" been acquainted with our long and tedious
" war, in conjunction with her children, againft
*' her enemies the French; and that we have
** been as a ftrong wall for their Security even to
" the lofs of our beft men. We were mightily re-
" joiced, when we heard our. great Queen had
" refolved to fend an army to reduce Canada,
*' and immediatly, in token of friendfhip, we
*' hung up the kettle, and took up the hatchet,
" and, . with one confent, affifted Colonel
• * This title is commonly bellowed on the Sachems, tho' the
Indians have no fuch dignity or office amerigft them. " Nicholfon

NE'W YORt 161
" Nicholfon in making preparations on this fide
" the lake ; but, at length, we were told our
" great quf-en, by fome important affairs, was
*' 'prevented in her defign, at'prefenr, which made
** us forrowful, left the~ French, who had hitherto
" dreaded us, fhould now 'think us unable to
" make war. againft them. The reduction of Ca-
" nada is of great weight to our free hunting; fo
"• that if our great queen fhould not be mindful
" of us, we muft, with our families, forfake our
" country, and feek other habitations, or fland
" neuter,; either of which will be much againft Our
*' inclinations.
, " In token of the fincerity of thefe nations, we
" do, in their names, prefent our creat 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 Britifli court, GoremorKun-
captain Ingoldfoywasdilplaced, and GerardusBeek- ftration, "juno
man exercifed the powers of government, from the ''x«-
loth of April, 1710, till the Arrival of 'brigadier
Hunter, 'On the 14th of June following, The
Council then prefent were,
Mr. Beekman, Mr. Mompeffon,'
Mr. Van Dam, Mr. Barbaric,
Colonel Benflaer, Mr. Philipfe.
, Hunter was a native of Scotland, and, when a
boy, put apprentice to an apothecary. He left his
mafter, and went into the army ; and being a man
of wit and perfonai beauty, recommended himfelf
to lady Hay, whom he afterwards married. In the
year 1707, he was appointed lieutenant governor
of Virginia, but being taken by the French in his
voyage to that colony, he was carried into France,
,M arid'

i62 THEHISTORYOF
and upon his return to England, appointed to fuc-
ceed lord Lovelace in the government of this and the
provinceof New-Jerfey. Dean Swift's letter to him,
during his captivity, fhews that he had the honour
of an intimacy with Mr. Addifon and others, who
were diftinguifhed for their good fenfeand learning;
and perhaps it was by their intereft, he was ad- .
vanced to this profitable place.
^Paiatilies Governor Hunter brought over with him near
feme in the three thoufand palatines, who the year before fled
province. tQ £ngianci from fa rage 0f perfecution in Ger
many. Many of thefe people feated themfelves in
the city of New- York, where they built a Lutheran
church, which is now in a declining condition.
Others fettled on a traft of feveral thoufand acres,
in the manor of Livingfton. Their village there,
called the camp, is one of the pleafanteft fituations
on Hudfon's river : right oppofite, on the weft
bank, are many other families of them. Some
went into Pennfylvania, and by the favourable ac
counts of the country, which they tranfmitted to
Germany, were inftrumental to the tranfmigration
of many thoufands of their countrymen into that
province. Queen Anne's liberality to thefe people,
was not more beneficial to them, than ferviceable
to this colony. They have behaved themfelves
peaceably, and lived with great induftry. Many
are rich, all are proteftants, and well affefted to
the government. The fame muft be faid of thofe
who have lately fettled amongft us, and planted the
lands weftward of Albany. We have not the leaft
ground for jealoufy with refpeft to them. Amongft
us they are few in number, compared to thofe in
Pennfylvania. There they are too numerous, to be
foon afiimilated to a new conftitution. They retain
all the manners and principles which prevail in their
native country, and as many of them are papifts, fome.

*.

N E W Y O R K. ie$
fome are not without their fears, that fooner or
later, they will become dangerous to our colonies*.
The late attempt to attack Canada proving abor
tive, expofed us to confequences equally calami
tous, dreaded, and forefeen. While the prepara
tions were making to invade it, the French ex
erted themfelves in cajoling their Indian allies to
affilt in the repulfe; and as foon as the fcheme
dropped, numerous parties were fent out to harrafs The French .
the Englifh frontiers. Thefe irruptions were, prin- „'£"£ a,hed*
cipally, made on the northern parts of New Eng- ironies 0f
land, where the moft lavage cruelties were daily Ncw-EnsUnd-
committed. New-York had, indeed, hitherto
efcaped, being covered by the Indians cf the Five
Nations ; but the danger we were in induced go
vernor Hunter, foon after his arrival, to make a
voyage to Albany, where he met the confederate GovemorHim-
chiefs, and renewed the old covenant. While I" h:" a QrT
there, he was ftrongly folicited, by the New-Eng- the vue Nati-
land governments, to engage our Indians in a war onsat Alba"-r'
with thofe who were daily ravaging their borders ;
but he prudently declined a meafure, which might
have expofed his own province to a general de-
vaftation. A treaty of neutrality fubfifted, at that
time, between the confederates and the Canada
French and their Indians ; which, depending up
on the faith of lawlefs favages, was, at beft, but
precarious., and yet the only fecurity we had for
the peace of our borders. A rupture between
* The furprifing importation of Germans into that colony*
gave rife to the fcheme of difperfing Englifh clergymen and
lchool-mafters amongft them. The projett is founded on
principles of found polity. If a political million among the
Indians had been feafonably encouraged, the province of Penn
fylvania might have efcaped all that mocking devastation,
which enfued the fatal defeat of general Braddock's army on
the 9th of July, 1755; and would, perhaps, have prevented,
even the ere&ion of Fort Quefne, which has already colt the
nation fo much blood and treafure. M 2 them'

»64 THE HISTORY OF
them would have involved us in a fceneof rmfery,
at a time, of all others, moft unfeafonable. How
ever the people of New-England might cenfure
the governor, it was a proof of his wifdom to re-
fufe their rtqueft. For befides a want of men and
arms to defend us, our forts were fallen down, and
the trealiiry exhaufled.
a new aitem- The new afTembly met at New- York, on the
bj^sept. ., Tft 0f September. Mr. Nicoll, the fpeaker, Mr.
Livingfton, Mr. De Lancey, and colonel Morris,
were the members moft diftinguifhed for their ac-
Mr. De Lao-tivity in the houfe. Mr, Pe Lancey was a pro-
£tJ' reliant refugee, a native of Caen in Normandy?
and by marrying a daughter of Mr. Courtlandt,,
connected with a family, then, perhaps, the mod
opulent and extenfive of any in the province. He
was an eminent merchant, and, by a fuccefsful
trade, had amaffed a very confiderable fortune.,
c«!. Morris. }$uz 0f R\\ thefe, colonel Morris had the greateft
influence on our publick affairs. He was a man
of letters, and, though a little whimfical in his
temper, was grave in his manners and of pene
trating parts. Being exceffively fond of the fo
ciety of men of fenfe and reading, he was never
wearied at a fiting, till the fpirits of the whole
company were diffipated. From his infancy, he
had lived in, a manner beft adapted to teach* him
the nature of man, and to fortify his mind for the
viciffitudes of life. He very early loft both his
father and mother, and fell under the patronage
of his uncle, formerly an officer of very confide
rable rank in Cromwell's army ; who, after the re-
floration, difguifed himfelf under the profeffion of
QuaUerifm, and fettled on a fine farm within a
few miles of the city, called after his own name,
Momfania. Being a boy of ftrong paffions, the
general indications of a fruitful genius, he gave
frequent offence to his uncle, and, on one of thefe
occafions,

NEW YORK. 165
occafions, through fear of his refentment, ftrolled
avyay into Virginia, and thence to Jamaica in the
Wtft-Jndjes*, where, to fupport himfelf, he fet
up ior a fcrivener. After feveral years fpent in this
vagabond iife, he returned again to his uncle, who
received the young prodigal with joy ; and, to re
duce him to regularity, brought about his marri
age with a daughter of Mr. Graham, a fine lady,
with whom he lived above fifty years, in the pof-
feffionof every enjoyment, which good fenfe and
polite manners in a woman could afford. The
greateft part of his life, before the arrival of Mr!
Hunter, was fpent in, New- Jerfey f, where he fig-
nalized himfelf in the fervice both of the proprie
tors and the affembly. The latter employed him
fo draw up their complaint againft my lord Corn
bury, and he was made the bearer of it to the
queen. Though he was indolent in the manage
ment of his private affairs, yet, through the leve
cf power, he was always bufy in matters of a po
litical nature, and no man in the colony equalled
him in the knowledge of the law and the arts of
intrigue. From this character the reader will ea-
fily perceive, that governor Hunter fhewed. his
prudence in taking Mr. Morris into his confidence,
his talents and advantages rendering him either a
ufeful friend or formidable foe. '"Such were the,
acting members of this affembly. When briga-,
* Hugh Coppathwait, a Quaker zealot, was his precep
tor : the pupil tuking advantage of his enthufiafm, hid him
felf in a tree, and calling to him, ordered him tp preach the
gofpel among the Mohawks, , The credulous Quaker took it
tor a miraculous call, and was upon the point ot letting out
when the cheat was difcovered.
f He was one of the council in that province, and a jm'ge
of the fupreme court there in 1692. Upon the iurrer.titr of
the government to queen Anne, in 1702, he was luirr.ed to be
governor of the colony ; but the appointment was chinked
\n favour of lord Cornburv, the queen's coulin.
' M 3 dier

166 THE HIS' TORY OF
dier Hunter fpoke to them, he recommended the
fettling a revenue, the defence of the frontiers,
and the reftoration of the publick credit, which
lord Cornbury had almoft entirely deflroyed.. To
ilifle the remaining fparks of our ancient feuds, he
concluded with thefe words : " If any go about
" to difturb your peace, by reviving buried par-
" ties or piques, or creating new ones, they fhall
" meet with no countenance or incouragement
" from me ; and I am fure they deferve as little
" from you." The addrefs of the houfe was per
fectly agreeable to the governor. They promifed
to provide for the fupport of government, and to
reftore the publick credit, as well as to protect the
frontiers. In anfwer to the clofe of his fpeech,
they declare their hope, '? That fuch as excited
" parry contentions might meet with as little cre-
" dit, and as much difgrace, as they deferve."
This unanimity, however, was foon interrupted.
Colonel Morris,, for fome warm words dropped iri
a debate, was expelled the houfe ; and foon after
a difpute arofe between the council and affembly,
concerning fome amendments made by the former,
to a bill, " For the treafurer's paying furidry Aims
f of money." The defign of it, in mentioning
the particular fums, and rendering them iffuabie
by their own officer, was to reflrain the governor
from repeating the mifapplications which had been
fo frequent in a late adminiftration. The coun
cil, for that reafon, oppofed it, and adhered to their
The affembly amendments ; which occafioned a prorogation, on
is prorogued, fa 2 5th Qf Nove moer after the paffino-of feve-
Nov. 25,1710. . f, n- 1 °
ral other neceffary laws.
Mr. Hunter cautioufly avoided entering pub-
lickly into the difpute between the two houfes, till
he knew the fentiments of the miniftry, and then
i- meets again opened the fpring feffions with a fpeech too fin&u-
in iliefprincof , 1 • / „ _¦ . *¦ °
,.,,. Jar not to be mierted. Gentlemen :

N £ W Y O R K. 167
<( Gentlemen : I hope you are now come with Tlie Kovernor's
" a difpofition to anfwer the ends of your meet-fpeectuothem-
" ing, that is, to provide a fuitable fupport for
" her majefty's government here, in the manner
" fhehas been pleafed to direct ; to find out means
?* to reftore the publick credit, and to provide
" better for your own fecurity.
" They abufe you, who tell you, that you are
*' hardly dealt by in the augmentation of falaries.
fl Her majefty's inftructions, which I communi-
" cated to you at our laft meeting, might have
" convinced you, that it was her tendernefs to-
" wards her fubjects in the plantations, who fuf-
" fered under an eftablifhed cuftom of making
*' confiderable prefents to their governors by afts
" of affembly, that induced her to allot to each
*' of them fuch a falary as fhe judged fufficient for
" their fupport, in their refpective ftations, with
" a ftridt prohibition of a\\ fuch prefents for the
" future ; which inftruction has met with a chear-
" ful and grateful compliance in all the other
" colonies." If you have been in any thing diftinguiihed,
*' it is by an extraordinary meafure of her royal
" bounty and care. I hope you will make fuitr
" able returns, left fome infinuations, much re-
" peated of late years, fhould gain credit at laft,
" that however your refentment has fallen upon
" the governor, its the government you diflike.
•' It is neceffary at this time that you be told
" alfo, that giving money for the fupport of go-
tc vernment, and difpofingof.it at your pleafure,
" is the fame with giving none at all. Her ma-
" jefty is the fole judge of the merits of her fer-
•i vants. This right has never yet been difputed
;' at home, and fhould I confcnt to give it up'
' abroad, I fhould render myfelf unworthy not
* only of the truft repofed in me, but of the fo-
M 4 " clcty

168 THE' HISTORY OF
" cie'ty of my fellow fubjects, by incurring he?
" higheft difpleafure. If I have tired yon. by a
" long fpeech, 1 fhall make amends, by putting
'f. you to the trouble of a very fhort anfwer.
" Will you fupport her majefty's government in
" the manner fhe has been pleafed to direct, or
** are you refolved that burden fhall lie ftill upon
li. the governor, who cannot accufe himfelf of any
" thing that may have deferved this treatment at
" your hands ?
" Will you take care of the debts of the go-
"' vernment ? or, to increafe my fufferings, muft
" I continue under the torture of the daily cries
" of fuch as have juft demands upon you, and are
" in mifery, without the power of giving them
" any hopes of relief?
" Will you take more effectual care of your
" own fafety, in that of your frontiers ; or are
" you refolved for the future to rely upon the fe-
'* curity of an open winter, and the caprice of
" your favage neighbours ? I fhall be very forry
" if this plainneft offends you. I judge it necef-
" fary towards the eftablifhing and cultivating a
" good underftanding betwixt us. I hope it will
" be fo conftrued, and wifh heartily it may have
'* that effect."
'' ' .. ^ .
Perplexed with this remarkable fpeech, the af
fembly, after a few days, concluded, that as his
excellency had prorogued them in February, while
he was at Burlington, in the province of New-
Jerfey, they could not fit and act as a houfe ; up-
Tfie governor on which, they were the fame day diffolved.
aftml".1"6 The five l"dian kings, carried to England by
colonel Schuyler, having feen all the curiofines in
London, and been much entertained by many per
fons of dillinction, returned to Bofton with com
modore Martin and colonel Nicholfon ; the latter of

N E W Y Q P. K. 169
,pf whom commanded the forces defigned againft Rc<jDaion' °f
Port Royal and the coaft of Nova-Scotia. In this fimz Scotial"
enterpriie the New-England colonies, agreeable to oa- -> iv«°-
their wonted courage and loyalty, lent their affift
ance ; and the reduction of the garrifon, which was
then called Annapolis- Royal, was happily com
pleted on the 2d of October, 1710. Animated by
this, and fome other foccefies in Newfoundland,
Nicholfon again urged the profecution of the
fcheme for the reduction of Canada ; which having
been ftrongly recommended by the Indian chiefs,
as the only effectual means to fecure the northern
colonies, was now again relumed.
Towards the execution of this project, five Bnx&an ge-
thoufand troops from England and Flanders were ^^1"'™'*_
fent over under the command of brigadier Hill, gainfflCaans^
the brother of Mrs. Mafham, the queen's new""'"'
confidant, on the difgrace of thedutchefs of Mad-
borough. The fleet of tranfports, under the con
voy of Sir Hovenden Walker, arrived after a
month's paffage at Bofton, on the 4th of June,
17 1 1. Tiie provifions, with which they expected
to be fupplied there, being not provided, the
troops landed. Nicholfon, who was to command
the land forces, came immediately to New-York,
where Mr. Huntsr convened the affembly on the
2d of July. The re-election of the fame mem- a mew asa-
bers who had ferved in the laft, was a fufficient y^| j^'j
proof of the general averfion to the eftablifhment 17"-
of a revenue. Robert Livingfton, junior, who
married the only daughter of colonel Schuyler,
came in for Albany ; and together with Mr. Mor
ris, who was again chofen for the borough of Weft-
Cheiler, joined the governor's intereft. Brigadier
Hunter informed the affembly of the intended ex
pedition, and the arrival of the fleet and forces ;
that the quota ot this province, fettled by the
council of war at New-London, was boo private

i7o THE HISTORY OF
fentinels and their officers ; befides which, he tei
commended their making provifion for building
batteaus, tranfporting the troops and provifions,
fubfifting the Indians, and for the, contingent
charges ; nor did he forget to mention the fupport
of government and the public debts,
Theychearfui- The houfe was fo well pleafed with the defign
iy fupport the Upon Canada, that they voted an addrefs of thanks
Canlda!8an to the queen, and fent a committee to Nicholfon,
to congratulate his arrival, and make an honour
able acknowledgment of his "fedulous application
" to her majefty for reducing Canada." In a few
days time, an act was paffed for railing forces ; and
the affembly, by a refolution, according to the go
vernor's advice, reftricted the price of provifions
Bins of credit t0 certain particular fums. Bills of credit, for for-
for 10,000 1. warding the expedition, were now alfo ftruck, to
the amount of 10,000 1. to be funk in five years,
by a tax on eftates real and perfonai. After thefe
fupplies were granted, the governor prorogued
the affembly ; though nothing was done relating
to the ordinary fupport of government.
While thefe preparations were making at New-
York, the fleet, confifting of twelve men of war,
forty tranfports, and fix ftore- fhips, with forty
horfes, a fine train of artillery and all manner of war
like ftores, failed for Canada, from Bofton, on the
30th of July ; and, about a month afterwards, Ni
cholfon appeared at Albany, at the head of an ar
my of four thoufand men, raifed in this and. the
colonies of New Jerfey and Connecticut : the fe
veral regiments being commanded by colonel In-
goldfby, colonel Whiting, and colonel Schuyler,
the latter of whom procured 600 of the Five Na
tions to join our army.
The French, in Canada, were not unapprifed
of thefe defigns. Vaudreuii, the governor-ge
neral, fent his orders, from Montreal, tothe Sieur
De

N E W Y O R K. 171
De Beaucourt, to haflen the works he was about
at Quebeck, and commanded that all the regulars
and militia fhould be held 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 Meffieurs, St. Pierre and
Tonti, who, together with the Caughnuaga pro-
felytes, took up the hatchet in favour ofthe French.
Vaudreuil, after difpatching feveral Indians and
two miffionaries among the five nations, to detach
them from our intereft, went to Quebeck, which
Beaucourt the engineer had fufficiently fortified to
fuftain a long fiege. All the principal pofts below
the city, on both fides of the river, were prepared
to receive the Britifh troops in cafe of their landing.
On the 14th of Auguft, Sir Hovenden Walker
arrived with the fleet in the mouth of St. Laurence
River ; and fearing to lofe the company of the
tranfports, the wind blowing frefh at north-weft,
he put into Gafpy bay, and continued there till
the 20th of the fame month. Two days after he
failed from thence, the- fleet was in the ut-moft dan
ger, for they had no foundings, were without fight
of land, the wind high at eaft-fouth-eaft, and the
iky darkened by a thick fog. In thefe circum-
ftances 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 ftream into the midft of the channel ;
but inftead of that, in two hours after, they found
themfelves on the north fhore, among rocks and
iflands, and upon the point of being loft. The
men of war efcaped, but eight tranfports, contain
ing eight hundred fouls, officers, foldiers, and fea-
men, were call away. Two or three days being
fpent, in recovering what they could from the fhore,
jt was determined," at a confultaiion of fea officers,
to return to fome bay or harbour, till a further r.e-
folution

172 THE HISTORY OF
folution could betaken. On the 14th of September
they arrived at Spanifh-river bay, where a council
of war, confiftingof land and fea officers, confider-
ing that they had but ten weeks provifion, and
judging that they could not depend upon a fupply
from New-England, unanimoufly concluded to re
turn home, without making any farther attempts ;
and they accordingly arrived at Portfmouth on the
9th of October, when, in addition to our misfor
tunes, the Edgar, a 70 gun fhip, was blown up,
having on board above four hundred men, befides
many perfons who came to vifit their friends.
As loon as the marquis De Vaudreuil, by the ac
counts of the fifhermen and two other fhips, had
reafon to fufpect that our fleet was returned, he went
to Chambly, and formed a camp of three thoufand
men to oppofe Nicholfon's army, intended to pene
trate Canada, ac that end. But he was foon inform
ed that our troops were returned, upon the news of
the difafter which had befallen the fleet, and that
the people of Albany were in the utmoft confter
nation. The new miniftry are generally cenfured for their
conduct in this expedition by the whigs, who con
demn both the project, and the meafures taken to
wards 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 vic
tualed at home. They relied upon New-England
for fupplies, and this deflroyed the defign. ' For
the fhips tarried at Bofton, till the feafon for the
attack wag over. '
According to lord Harley's account of this ex
pedition; the whole was a contrivance of Botjng-
hroke, Moore, and the lord chancellor Harcourt,
to cheat the publick of twenty thoui';:r!d pounds.
n, b. I he latter of thcic was pleafed to fay, " no govern.-, " ment

to E W Y 0 R K. i7i
*% ment was worth ferving, that would not admrt
*' of fuch advantageous jobs."
Apprehenfive that the enemy would fall upon
our borders, as they afterwards really did, in fmall
parties, upon the mifcarriage of that enterprife ;
governor Hunter preffed the affembly, in autumn, Another^!*-*
. ¦ u C ¦ L r - of the -ifiem-
to continue a number of, men in pay the enfuing t>iy, in the »j-
winter, and to repair the out forts. After the tumn of ,'11-
' houfe had paffed feveral votes to this purpofe, his
excellency, during the feffion, went up to /Albany,
to withdraw the forces of the colony, and give or
ders for the neceflary repairs.
The publick debts, by this unfortunate expedi- D
tion, were become greatly enhanced, and the af- tw'een "e e
fembly, at laft, entered upon meafures for the ™n?cilar'daf"
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 affigned in fiances, that amendments
had formerly been allowed ; and, befides this ar
gument, drawn from precedent, infilled that they
were a part of the legiflature, conilituted as the
affembly were " by the meer grace of the crown";
adding, that the lords of trade had determined the
matter in their favour. The houfe, neverthelefs,
adhered to their refolutions, and anfwered in thefe
words :
" 'Tis true, the fhare the council have (if any)
" in the legiflation, does not flow from any title
*' they have from the nature of that board, which
" is only to advife ; or from their being another
" diftind ftate, or rank of people in the conflitu-
*c tion, which they are not, being all commons;
<c but only from the meer pleafure of the prince
«' fignified in the commiffion. On the contrary,
** the inherent right the affembly have to difpoi-.-
<¦<¦ uf

*74 . THE HISTORY 0*
*« of the money of the freemen of this colony,'
" does not proceed from any commiffion, letters
" patent, or other grant from the crown ; but
*' from the free choice and election of the people,
" who ought not to be diverted of their property
" (nor juftly can) without -their confent. Any
" former condefcenfions, of other affemblies, will
" not prefcribe to the council, a privilege to make
" any of thofe amendments, and therefore they
" have it not. If the lords commiffioners for trade
" and plantations, did conceive no reafon why the
" council fhould not have right to amend money
" bills, this is far from concluding there are none.
" The affembly underftand them very well, and
" are fufficiently convinced of the neceffity they
5e are in, not tb admit of any encroachment fo much
*' to their prejudice." .. v
Both houfes adhered obftinately fo their refpective
opinions : in confequence of which, the publick
debts remained unpaid,' though his excellency
could not omit paffing a bill for paying fo himfelf
3750 ounces of plate.
Upon the return ofthe fleet, Dudley, Saltonftal,
and Cranfton, the governors of the eaftern colo
nies, formed a defign of engaging the Five Nations
in a rupture with the French, and wrote on that
head to Mr. Hunter ; who, fufpicious that his af
fembly would not approve of any project that
might increafe the publick debts, laid their letter
before the houfe, and, according to his expectations,
they declared againft the fcheme.
iftaiiiihment About this time colonel Hunter, by the advice of
ch* cCUrt cf *"s council, began to exercife the office of chancel-
iober^JliuAor, having, on the 4th of October, appointed
meffieurs Van Dam and Philipfe matters, Mr,
Whileman regitter, Mr. Harrifon examiner, and
meffieurs Sharpas and Broughton clerks. A
Proclamation was then iffued, to fignify the fitting of

N E W Y O R K. fa
of the court on Thurfday in every Week. This1
gave rife to thefe two refolutions of the houfe.
" Refolved, that the erecting a court of chan- Kefoiutions of
¦*' eery, without confent in general affembly, is the. a5':mbly
,. J , ., ° , j r i againft it.
*' contrary to law, without precedent, andofdan-
" gerous confequence to the liberty and property
" ofthe fubjects.
" That the eftablifhing fees, without confent iri
*'• general affembly, is contrary to law." The coun
cil made thefe votes the fubject of part of a long
reprefentation, which they fhortly after tranfmitted
to the lords of trade, who, in a letter to the go
vernor in anfwer to it, approved of his erecting a
court of equity, and blamed the affembly, add
ing, " That her majefty has an undoubted right
" of appointing fuch, and fo many courts of ju-
" dicature in the plantations, as ftie fhall think ne-
" ceffary for the diftribution of juftice."
At the next meeting, in May 1712, colonel Another rer-
Hunter ftrongly recommended the publick debts f™b"fy ^Vay
to the confideration of the affembly, informing 1712.
them, that the lords of trade had fignified their
opinion, with refpect to the amending money bills,
in favour of the council. The houfe neglected
the matters laid before them, and the governor
broke up the feffions, by a fliort prorogation of
three days. After which they foon paffed an act
for paying his excellency 8025 ounces of plate.
Our publick affairs never wore a more melancholy
afpect than at this juncture.
Among the Five Nations, many emiffaries from The Frenc;
the French were daily feducing them from the Bri- ^n-The Fn '
tifh intereft, and our late ill fuccefs gave fuch a Nations.
powerful influence to their folicitations, that the
Indians even at Catt'sKill fent a belt of wampum
to thofe in Dutchefs county to prepare for a war.
The Senecas and Shawanas were alfo greatly dif-
affected, and it was generally apprehended, that
they

t7$ T H E H I S T O R Y 6 F
they would fall upon the inhabitants- along tiufc
fon's river. An invafion was ftrongly fufpected by
fea on the city of New- York, where they had been
An infurrec- alarmed, in April, by an' infurrection of the ne-
Jro"fathNcnw- gro.es ; who, in execution of a plot to fet fire to
York in April, ihe town, had burnt down a houfe in the night,
I712- and killed feveral people who came to extinguiflf
the fire, for which nineteen of them were after
wards executed. But diftreffed as the colony then
was, the affembly were inflexibly averfe to the
eflablifhmer.t cf a revenue, which had formerly
been wickedly mifapplied and exhauited. At the
Another let- enfuing feffion, in the fall, colonel Hunter pro-
iembiy 'i^ the pofed a fcheme tothe aflembly, which Was, in'fub-
k'utumn 6t {tance, that the receiver-general fhould give fecu
rity, rending in the colony, for the due execution
of his office; and every quarter account, to the
governor and council, for the fums he might re-
A propofai ceive. That the creditors of the government
*rnorCrethe"fo°u'd>' every tnree months, deliver in their de-
management of ma nds to the governor and council; when, if that
the revenue. qUarter.>s revenue equaled the amount of fucli
debts, the governor, by the advice of council;
fhould draw for i't : but if the revenue, for that
quarter fhould fall fhort of the governor's demands,"
then the warrants were to be drawn for fo much
only as remained, and the creditors fhould after
wards receive new drafts for their balances in the
next quarter. That no warrant fhould be iffued,
until the quarterly account ofthe revenue was given
in ; but that then they fhould be paid in courfe,'
and an action of debt be given againft the receiver-
it is difap- general in cafe of refufal, That he fhould account
affembly!^ the a^° to tne affembly when required, and permit all
perfons to haverecourfe to his books. The houfe
turned a deaf ear to this plaufible project, and
difpleafed with a letter from the lords of trade, fa
vouring the council's claim to amend money bills, the^

NEW YORK, 177
they agreed upon an addrefs to the queen, pro- ^ adu^eafs t0
telling their willingnefs to fupport her government, e auee
Complaining of mifapplications in the treafury,
intimating their fufpicions that they were mifrepre-
fented, and praying an inftruction to the governor
to give his confent to a law, for fupporting an agent
to reprefeht them at the court of Great-Bricain.
Provoked by this conduct, and to put an end to The
the difputes fubfifting between the two houfes, his is diiroived.
excellency diffolved the affembly.
Before the meeting of the next affembly the Peace of u\ >
peace of Utrecht was concluded, on the 31ft of 3™CI7*,S. a
March, 1713. A peace, in the judgment of many,
difhonourable to Great-Britain, and injurious to
her allies. I fhall only confider it with relation to
bur Indian affairs. The reader doubtlefs obfe. ved,
that lord Bellomont, after the peace at Ryfwick,
contended with the governor of Canada, that the
Five Nations ought to be confidered as fubjects of
the Britifh crown, and that the point was difputed
even after the death of count Frontenac. It does
not appear that any decifion of that matter was
made between the two crowns, till the treaty of U-
tfecht, the XVth article of which is in thefe words :
" The fubjects of France inhabiting Canada, The Five N"*'
** and others* fhall hereafter give no hindrance or ££„* are anc.
" moleftation to the Five Nations, or cantoris of ^"bwled^ed irl
" Indians, fubject tothe dominion of Great Britain, "/"Great Bii-
" nor to the other nations of America who are tain-
*.* friends to the fame. In like manner, the fubjects
** of Great Britain fhall behave themfelves peace-
*.* ably towards the Americans, who are fubjects or
" friends to France ; and on both fides they fhall
" enjoy full liberty of going and coming on ac-
«'* count of trade. Alfo the natives of thefe coun-
«« tries fhall, with the fame liberty, refort, as they
" pleafe, to the Britifh and French colonies, for
«' promoting trade on one fide and the other, with-
N " out

178 THE HISTORY OF
" out any moleftation or hindrance, either on the*
" part-vof the Britifh- fobjecls, or of the French.
" But it is to be exactly and diftinCtly, fettled by
" commiffaries, who are, and who ought to be ac-
" counted, the fubjects of Britain or of France."
In confequence of this treaty, the Britifh crown
became entitled, at leaft for any claim that could
juflly be interpofed by the French, to the fove-
reigncy over the country of the Five Nations^ con
cerning the extent of which, as it never was ad
jufted -by commiffariesi it may not be improper: to?
fay a few words.
of the extent When the Dutch began the fettlement of this
°^f0e/t"erifl°"e country, all the Indians on Long-Ifland, and the
confederate northern fhore of the found, -on the -banks of Con
dons'" °f In ne^icut' Hudfon's, Delaware, and Sufquehana ri
vers, were in fubjection to the Five Nations.; and,
within the memory of perfons now living, acknow
ledged it by the paymentof an annual tribute*.
The French hiftorians cf Canada, both ancient
and modern, agree, that the more northern, In
dians were driven before the fuperior martial prow-
efs of the confederates; The author of the book
entitled, Relation de ce qui s'eft paffe de plus re-
marquable aux Miffions de§ Peres de la Campag-
nie de Jefus., en la nouvelleJFrance,. publifhed with
the priv ilege.of the French, king, at Paris* in 1 661,
writes with fuch lingular fimplictty, . as obviates the
leaft fufpicion of thofe finifter views, . fo remark
able in the late French hiftbriesi He informs us,
that all the northern, Indians, as far as Hudfon's
Bay, were harraffed by the.Five Nations, "Partout
" (fays he, fpeaking in the name ofthe miffiona-
' " ries) nous trouvons Iroquois,, qui comme un
" Phantome importun, nous obfede en tous lieux.5*
* A little tribe fettled at the Sugar Loaf mountain in O.
range county, to this day make a yearly payment of about.
20 1. to the Mohawks, In

NEW YORK.
In the account he gives of the travels of a father,
in 1658, we are told, that the banksof the upper
lake were lined with the AlgOnkins, " Ou la Cra-
" inte des Irequois leur a fait chercher un Afyle."
Writing of the Hurons, " La Nation la plus fe-
*' dentaire & la plus propre pour les Semences de
" la Foy," he reprefents them as totally deftroyed
by the confederates. Charlevoix, whole hiftory of
New France is calculated to countenance the en
croachments of the French, gives the following de
fcription of the territory of the confederates.
" The country of the Irequois (fays he) extends
" itfelf between the 41ft and 44th degrees of north
" latitude, about 70 or 80 leagues from eaft to
" weft, from the head of the river, beating for its
" name that of Richlieu and Sorel * ; that is,
<s from Lake St. Sacrament to Niagara,and a little
" above forty leagues from north to fouth, or ra-
" ther north-eaft and fouth-weft from the head of
*' the Mohawks river to the river Ohio. Thus
*' the laft mentioned river and Pennfylvania bound
*' it on the fcu&fc. On the weft it has Lake On-
*' t-a'rio ; and Lake Erie on the north- weft. St.
*' Sacrament and the river St. Lawrence on the
*' north ; on the fouth and fouth-eaft, the pro-
" vince of New-York. It is watered with many
'* rivers. The land is in fome places broken, but,
** generally fpeaking, very fertile."
In this partial delcripnon, the Jefuit is neither
cbnfiftent with his geographer, nor feveral other
French authors, and yet both his hiftory and Mr.
Bellin's maps, in 1 744 f, which are bound up with it,
* The river iffuing from Lake Champlain, is called, Ri
vieres des Irequois de Richelieu & Sorel, but the laft ia now
molt commonly ufed.
f Mr. Bellin publifhed a new fet of maps in 1745, the firft
plate being thought too favourable to our claims, efpecially in,
N 2 the

M9

l8o

THE HISTORY OF
k, furnifh many ftrong evidences in favour of the
Britifh claims. I will point out a few inftances.
The ancient country of the Hurons is laid down on
the north fide of lake Erie, by which we are afcer-
tained of the extent of territory, to which the Five
Nations are entitled by their conqueft of that peo
ple. The right of the confederates to the fouth
fide of that lake, is alfo eftablifhed by. their difper-
fion of the Cat Indians, to whom it originally be
longed. The land, on both fides of the lake On
tario, is admited to be theirs by this geographer,
who writes on the north, " Les Iroquois du nord,"
and on the fouth fide, "Pays des Iroquois." Hen
nepin, La Hontan and Delifle, all concur with Bel-
lin, in extending the right of the Fiye Nations, to
the lands on the north fide of lake Ontario. The
firft of thefe, befides what appears from his map,
fpeaking of that lake, has thefe words, "There are
" likewife on the north fide thefe Iroquois villages,
" Tejajahon, Kente, and Ganneouffe ;" every one
of which is laid down even in Bellin's, and almoft
all the maps I have feen of that country, whether
French or Englifh. What renders Hennepin's
the protrafhion of the north fide of the bay of Fundy, for
Nova Scotia, which, in the fecond plate, was called, " the
" fouth part of New France." General Shirley, one of the
Britifh commiffaries for fettling the difputed limits, took oc
cafion to. fpeak of this alteration to Mr. Bellin at Paris, and
informed him that ioo copies of his firft maps were difperfed
in London, upon which he difcovered fome furprife ; but in-
iftead of urging any thing in fupport of the variation in his
new draft, faid, finding, " We in France muft follow the
command ofthe monarch." I mention this to fhew, that fince
the French government interpofes in the conftruftion of their
maps, they are proper evidence againft them. Among the
Englifh, Dr. Mitchel's is the only authentick one extant.,
None of the reft, concerning America, have paffed under the
examination, or received the fanftion of any public board ;
and, for this reafon, they ought not to be conftrued to our
prejudice. Add, that they generally copy from the French.
account

N E W Y O R K. 181
account the more remarkable is, that thefe' villages
Were there in 1679, feven years after the erection
of fort Frontenac, From whence it may fairly be
argued, that their not oppofing thofe works, was
by no means a ceffion of the country to the French ;
and indeed Charlevoix himfelf reprefents that mat
ter as carried on by a fraud, for, fays he, " under
" pretext of feeking their advantage, the governor
.** had nothing in view, que de les tenir en bride,"
To thefe atteflations, which are the more to be
depended upon, becaufe they are given by the
French writers, whofe partiality leads them to con
fine the Five Nations to contracted limits *, we
may add, that our Indians univerfally concur in the
.claim of all the lands, not fold to the Englifh, from
the mouth of Sorel river, on the fouth fide of the
lakes Erie and Ontario, on both fides of the Ohio,
till it falls into the Miffiffippi ; and on the north
fide of thofe lakes, that whole territory between
the Outawais river and the lake Huron, and even
beyond the ftreights between that and lake Erie.
This laft tract, and the land on the north fide of
the lakes Erie and Ontario, were contained in their
furrender to king "William in 1701 ; of which I
took notice in its proper place : and doubtlefs to
that, and lord Bellomont's conteft with count Fron
tenac, we muft afcribe it, that the Five Nations
were afterwards fo particularly taken notice of in
the treaty of Utrecht.
The Britifh title to fort Frontenac, and the lands
on the north-weft fide of Cadaracqui river, has of
* Mr, Bellin was engineer of the marine, and tells us, that
Charlevoix performed his travels in this country, by order o£
the French court ; that hs was a man of attention and curiofity,
and had a determined refohition to collect all poffible intelli
gence, which he defigned to make publick. To give the
greater credit to the Jefuit's hiftory and his own map, he adds,
that Charlevoix was never without the inftruments proper for
a voyager, " partout la Bouffole a la main."
N 3 late

i2t t'h e history of
late been drawn into queftion by fome, who, front
jealoufy, or other motives equally fhameful, were
bent upon finding fault with every meafure planned
by. general Shirley. The advocates for the French
claim, relied much on a late map of the middle
Britifh Colonies, and two pamphlets publifhed by
Lewis Evans.
" The French, fays he, being in poffeffion of
" Fort Frontenac, at the peace of Ryfwick, which
" they attained during their war with the confe-
" derates, gives them an undoubted title to the ac-
" quifition of the north- weft fide of St. Lawrence
*' river, from thence to their fettlement at Mon-
*' treal." The writer adds ; ** it was upon the
" faith and honour of king William's promife (by
*' the fourth article of the treaty of Ryfwick) of
** not difturbing the French king in the free pof-
*' feffion of the kingdoms, counties, lands, or do-
" minions he then enjoyed, that I faid the French
" had an undoubted title to their acquifition of the
" north-weft fide of St. Lawrence river, from,
" Frontenac to Montreal."
Whether the treaty ought to be confidered, as
having any relation to this matter, is a queftion
which 1 fhall not take upon me to determine.
The map-maker fuppofes it to be applicable, and,
for the prefent, I grant it. The Xllth article of
,, ,. this treaty is in thefe words : " The moft Chriflian
eie of the trea- " king fhall reftore to the king of Great Britain, all
tj of Ryfwick. cc countrieS) iflands, forts, and colonies, wherefo-
" ever fituated, which the Englifh did poffefs before.
" the declaration of the prefent war. And in like
'4 manner, the king of Great Britain fhall reftore
" to the moft Chriflian king, all countries, iflands,
" forts, and colonies, wherefoever fituated, which
" the French did poffefs before the faid declaration
" of war." If therefore the Britifh fubjects were
in poffeffion of Fort Frontenac at the commence- rnens

N E W Y O R K. 1S3
ment of the war, the French, who attained it dqr-
ing its continuance, according to this treaty, ought
to have furrendered it to the Britifh crown.
Whatever the French title to fort Frontenac
might have b?en, antecedent to the year 1688, in
which the ifland of Montreal was invaded by the
Five Nations, it is certain, that it was ihen aban
doned, and that the Indians entered it, and demo-
lifhed a great part of the works *. But the author
ofthe map affirms, " that the Englifh did not pof-
" fefs Frontenac before the declaration of war ter-
*' minated by the peace of Ryfwick." To which
I reply, that the Indians acquired a title in 1680',
either by conqueft or dereliction, or both ; and
that the crown of Great Britain had a right to take
advantage of their acquifition, in virtue of its fo-
vereignty over the Five Cantons. That they were
our dependents, was ftrongly and often infilled
upon by governor Dongan and Lord Bellomont,
and the point remained fob judice till the treaty
of Utrecht. Then a decifion was folemnly made
in our favour, which looks back, as the determina
tions of all difputes do, at leaft as far as the firft
rife of the controverfy ; pofterior to which, and
prior to king William's war, his Indian fubjects.
obtained the poffeffion of the fort in queftion f.
Whence I think it may be fairly deduced, if we
take the treaty of Ryfwick for oar rule, th,at Fort
Frontenac, which was regained by the French dur
ing their war with us, ought to have been furren
dered to the Britifh crown. Every publick trans
action between the French and the Five Nations,
without the participation of the government of
Great-Britain, fince the Indians were claimed as
our dependents, is perhaps abfolutely void, and.
* Le Fort de Catarocouy etoit evacue & ruinc. Charl.
f The Five Nations entered the fort in 1688, and the war
againft France was not proclaimed till May 1689.
N 4 parucu,"

1?4 THE HISTORY PF
particularly the treaty of peace made between the
Indians and the chevalier De Callieres, after the
death of count Frontenac*.
The poffeffion of any part of the country of
the Five Nations by the French, either before or
fince the clofe of queen Anne's war, cannot pre
judice the Britifh title, becaufe the treaty of Aix
la Chapelle, renews and confirms that executed at
Utrecht in 1 713, and exprefsly ftipulates, that the
dominions of the contracting parties fhall be in the
fame condition, " which they ought of right to
" have been in before the late war," Commif
faries were foon after appointed to adjuft the con
troverted limits, who accordingly met at Paris, and
continued the negotiation, till the French king
perfidioufly feized upon feveral parts of Nova- Sco
tia, or Acadia, the fettiements of the bounds of
which, was part of the very bufinefs of the com-
niiffaries. This gave rife to the prefent operations,
* Evans's map and firft pamphlet, or Analyfis, were pub
lifhed in the fummer 1755, and that part in favour of the
French claim to Frontenac, was attacked by two papers iri the
New York Mercury, in January 1756. This occafioned his
publication of the fecond pamphlet the next fpring, in which
he endeavours to fupport his map. He was a man in low cir-
cumftances, in his temper precipitate, of violent paffions,
great vanity, and rude manners. He pretended to the' know
ledge of every thing, and yet had very little learning. By his
inquifitive turn, he filled his head with a confiderable collection
of materials, and a perfon of more judgment than he had,
might, for a few days, receive advantages from his converfa
tion. He piqued himfelf much upon his two maps, which.
are however juftly chargeable with many errors. His igno
rance of language is evident, both in them and the two pam
phlets of his Analyfis, the laft of which is fluffed with ground-
lefs afperfions on general Shirley, who deferves fo well from
thefe colonies, that on that account, and to weaken the au
thority of a map prejudicial to his majefty's rights, I beg the
reader's excufe for this infraftion of the old rule, de mortuis
nil nifi bonura. He died at New-York, June 1 2, 1756,00-
<kr an arreft for a grofs flander, uttered againft Mr. Morris,
the governor of Pennfylvania. and

N E W Y O R %.. i8s
and the longeft fword will determine the contro
verfy. . Brigadier Hunter was difappointed in his ex- A newairem-
pectations upon the late diffolution, for though ^ . iy'
the elections were very hot, and feveral new mem
bers came in, yet the majority were in the intereft
of the late affembly, and on the 27th of May,
1 71 3, chofe Mr. Nicholl into the chair. The go
vernor fpoke to them with great plainnefs, in
forming them, that it would be in vain to endea
vour to lodge the money alloted for the fupport of
government, in any other than the hands of the
queen's officers. " Neverthelefs (fays he) if you
" are fo refolved, you may put the country to the
" expence of a treafurer, for the cuftody of mo-
" ney raifed for extraordinary ufes." He added,
that he was refolved to pafs no law, till provifion
was made for the government. The members
were therefore reduced to the dilemma of paffing
a bill for that purpofe, or breaking up immedi
ately. They chofe the former, and the governor
gave his affent to that, and an excife bill on ftrong An excife on
liquors, which continues to this day, producing Atoa£ uiuors-
into the treafury about one thoufand pounds per
annum. After a fhort recefs, feveral other laws
were enacted in the fall. But the debts of the
government ftill remained unnoticed, till the fum
mer of the year 1714. A long feffion was then Another feffion
almoft entirely devoted to that fingle affair. In- °nftIh7eI^embl,
credible were the numbers of the publick credi
tors. New demands were every day made. Pe- Provifion for
tions came in from all quarters, and even for debts 'he Ppubifcnt °
contracted before the revolution. Their amount debts.
was near twenty-eight thoufand pounds. To pay
this prodigious fum, recourfe was had to the cir
culation of bills of credit to that value. Thefe
were lodged in the hands of the province treafurer, and

!86 THE HISTORY OF
and iffued by him only, according to the direct
tions of the act.
Death of queen The news of the queen's death arriving in the
A^ew affem- enfuing fall, a diffolution enfued of courfo ; and
biy,Mayi7i5. a new houfe met in May, 1715, which continued
r^y^r/u^e™" only to the 21ft of July. For the governor be-
lil6- ing now determined to fubdue thofe whom he
could not allure, again diffolved the affembly. He
fucceeded in his defign, for though Mr. Nicoll
was re-elected into the chair on the 9th of June,
1716, yet we plainly perceive, by the harmony
introduced between the feveral branches of the le
giflature, that the majority of the houfe were now
in the intereft of the gdvernor.
An inconteftible evidence of their good under*
Handing, appeared at the feffion in autumn, 1717,
when the governor informed them of a memorial
which had been fent home, reflecting upon his ad
miniftration. The houfe immediately voted an ad
drefs to him, which was conceived in terms of the
utmoft refpect, teftifying their abhorrencefof the
memorial, as a falfe and malicious libel. It was
fuppofed to be writen by Mulford, a reprefentative
for Suffolk county, who always oppofed the mea
fures that were taken to preferve the friendfhip of
the Five Nations, and foolifhly projected a fcheme
to cut them off. It was printed in England, and
delivered to the members at the door of the houfe
of commons, but never had the author's intended
effect.
Meafures tak- It was at this meeting, the council, on the 31ft
en to fettle the 0f October, fent a meffaae by Mr. Alexander, then
limits of the , r 1 i V i r* • i ..
province of deputy fecretary, to the houfe, defiring them " to
New-Yoric. « appoint proper perfons, for running the divifion
" line between this colony and the province of
" New-Jerfey, his excellency being allured. the le--
" giflature of the province of New-Jerfey vfcill bear
*' half the expence thereof." The affembly had
¦a bill

N E W Y O R K. 187
a bill before them, at that time, which afterwards
paffed into a law, for the payment of the remainino-
debts ofthe government, amounting to many thou
fand pounds -, in which, after a recital of the ge
neral reafons, for afcertaining the limits between
New -York and New-Jerfey on the one fide, and
Connecticut on the other, a claufe was added, to
defray the expence of thofe fervices. Seven hun
dred and fifty ounces of plate were enacted " to be
li iffued by warrant, under the hand and feal ofthe
" governor of this province for the time being, by
" and with the advice and confent of his majefty's
** council, in fuch parts and portions as fhall be re-
" quifite for that fervice, when the furvey, afcer-
*' taming, and running the faid line, limit, and
*' boundary, fhall be begun, and carried on, by
" the mutual confent and agreement of his excel-
** lency and council of this province, and the pro-
" prietors of the foil of the faid province of New-
" Jerfey." According to this law, the line " a-
*' greed on by the furveyors and commiffioners of
" each colony was to be conclufive." Another
fum was alfo provided by the fame claufe, for run-
ing the line between New-York and Connecticut ;
and in the year, £719, an act was paffed for the
fettlement of that limit, of which I fhall have oc
cafion to take notice in a fucceeding adminiftration.
Whether it was becaufe Mr. Nicoll was difgufted Mr. Nicoii re-
with the governor's prevailing intereft in the houfe, oFfpeaker*"
or to his infirm ftate of health, that he defired, by the airembiy.
a letter to the general affembly, on the 18th of
May, 1718, to be difcharged from the fpeaker's
place, is uncertain. His req'ueft was readily grant
ed, and Robert Livingfton, Efq; chofen in his!vrr-Li,ineft',n
(lead. The concord between the governor and this er in his ftead.
affembly, was now wound up to its higheft pitch.
Jnftead of other evidences-of it, I fhall lay before ihe

i*g THE HISTORY OF
the reader his laft fpeech to the houfe on the 24th of
June, 1 71 9, and their addrefs in anfwer to it.
GovemorHun- " Gentlemen, I have now fent for you, that yoij
ter'«iaft fpeech « may be witnefs to my affent to the acts palled
Iffembi1;?'6 °f " by the general affembly in this feffion. I hope
" that what remains unfinifhed, may be perfected,
" by to-morrow, when I intend to put a clofe to
" this feffion. '
" I take this opportunity alfo to acquaint you,
" that my late uncertain ftate of health, the care
" of my little family, and my private affairs, on
" the other fide, have at laft determined me, to
, cc make ufe of that licenfe of abfence, which has
" been fome time ago fo gracioufly granted me ;
" but with a firm refolution to return to you again,
" if it is his majefty's pleafure that I fhould do fo ;
" but if that proves otherwife, I affure- you that
«' whilft I live, I fhall be watchful and induftrious
" to promote the intereft and welfare of this coun-
" try, of which I think I am under the ftrongeft
,{ obligations, for the future, to account myfelf a
" countryman." I look with pleafure on the prefent quiet and
" flourifhing ftate of the people here, whilft I re-
" fleet on that in which I found them at my arri-
«* val. As the very name of party or faction feems
" to be forgotten, may it for ever lye buried in ob-
" livion, and no ftrife ever happen amongft you,
" but that laudable emulation, who fhall approve
" himfelf the moft zealous, fervant and moft dnti-
. " ful fubjedt of the beft of princes, and moft ufe-
" ful member of a well eftablifhed and flourifhing
" community, of which you gentlemen have given
" a happy example, which I hope will be followed
" by future affemblies. I mention it to your ho-
" nour, and without ingratitude and breach of duty
" I could do no lefs." Colonel

N S. W Y O R K. 189
Colonel Morris and the new fpeaker, were the
authors of the anfwer to this fpeech, though it was
figned by all the members. Whether Mr. Hun
ter deferved the elogium they beftowed upon him,
I leave the reader to determine. It is certain,
that few plantation governors have the honour to
carry home with them fuch a teftimonial as this :
" Sir, when we reflect upon your pall conduct, ™e J^f8 °f
" your juft, mild, and tender adminiftration, it anfwer to it.
" heightens the concern we have for your depar-
*' ture, and makes our grief fuch as words can-
*6 not truly exprefs. You have governed well and
" wifely, like a prudent magiflrate, like an af-
*' fectionate parent ; and wherever you go, and
" whatever ftation the divine Providence fhall
" pleafe to affign you, our fincere defires and pray-
" ers for the happinefs of you and yours, fhali
." always attend you.
«' We have feen many governors, and may fee
'*' more;1 and as none of thofe, who had the ho-
*' nour to ferve in your ftation, were ever fojuftly
** fixed in the affections of the governed, fo thofe
*c to come will acquire no mean reputation, when
" it can be faid of them, their conduct 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 hade
J' to return to it.
" But if the fervice of our fovereien will not
" admit of what we do earneftly defire, and his
" commands deny us that happinefs ; permit us
<c to addrefs you as our friend, and give us your
*' affiftance, when we are oppreffed with an admi-
" niftration the reverfe of yours."
Colonel Hunter departing the province, the The coTimand
Chief command devolved, the 31ft of July, i7f9» jUp^nco-
On lonel Schuyler.

Ic4 f H E H* I S T 0 R Y 0 F
On Peter Schuyler, Efq. then the eldeft member
of the board of council. As he had no inters
View with the affembly during his fhoft admini
ftration, in which he behaved with great modera
tion and integrity ; there is very little obfervable
in his time, except a treaty, at Albany, with the
Indians, for confirming the ancient league;, and
the tranfadlions refpectingthe partition linebetween
this and the colony of New- Jerfey : concerning the
latter of which* 1 fhall now lay before the reader
a very fummary account.
proceedings The two provinces were originally included in
wdTriH ofe tne grant of king Charles to the duke- of York.
the provinces New- Jerfey was afterwards conveyed by the duke
^L New-jeT* t0 lord Berkley and Sir George Carteret. This
*y» again, by a deed of partition, was divided into
Eaft and Weft Jerfey, the former being feleafed to
Sir George Carteret, and .the latter to the affigns
of tord Berkley. The line of divifion extended
from Little Egg Harbour to the North Partition
Point oh Delaware river, and thus both thofe tracts
became concerned in the limits of the province of
New- York. The original rights of lord Berkley
and Sir George Carteret, are vefted in two different
fets, confifting each of a great number of per
fons, known by the general name of the proprie
tors of Eaft and Weft Jerfey, who, though they
furrendered the powers of government to queen
Anne, in the year 1702, ftill retained their pro
perty in the foil. Thefe were the perfons intereft -
ed againft the claim of New- York. It is agreed
on all fides, that the deed to New. Jerfey is to be
firft fatisfied, out of that great tract granted to the
duke, and that the remainder is the right of New-
York. The proprietors infill upon extending their
northern limits to a line drawn from the latitude
of 410 40' on Delaware, to the latitude of 41°, on
Hudfon's river; and alledge, that before the year
167 1,

NEW YORK.
1 67 1, the latitude of 410, was reputed to be four
teen miles to the northward of Tappan Creek,
part of thofe lands being fettled under Newr Jer
fey till 1684. They farther contend, that in 1684
or 1685, Dongan and Lawrie (the former, go
vernor of New- York, and the latter, of New-
Jerfey) with their refpective councils agreed, that
the latitude on Hudfon's river was at the mouth
of Tappan Creek, and that a line from thence to
the latitude of 410 46' on Delaware fhould be the
boundary line. In 1686, Robinfon, Wells, and
* Keith, furveyors of the three feveral provinces,
took two obfervations, and found the latitude of
410 to be 1' and 25" to the northward of the Yon<-
ker's mills, which is four miles and forty-five
chains to the fouthward of the mouth of Tappan
Creek. But againft thefe obfervations the pro
prietors offer fundry objections, which it is not my
bufinefs to enumerate. It is not pretended by any
of the litigants, that a line according to the fta
tion fettled by Dongan and Lawrie was actually
run ; fo that the limits of thefe contending pro
vinces, muft long have exifted in the uncertain
conjectures of the inhabitants of both ; and yer.
the inconveniencies of this unfettled ftate, thro*
the infancy of the country, were very inconfide-
rable. In the year 1701, an act pafied in New-
York relating to elections, which annexed Waga-
chemeck, and great and little Minifink, certain
fettiements near Delaware, to Ulfter county. The
intent of this law was to quiet difputes before fub
fifting between the inhabitants of thofe places,
¦whole votes were required both in Orange and Ul
fter. The natural conclufion from hence is, that the
legiflature of New- York then deemed thole plan
tations not included within the New-Jerfey grant.
* The fame who left the Quakers, an<3 took orders in the
church pf England. Burnet's hiftory of his own times. Such

»«>»

192

THE HISTORY OF
Such was the ftate of this > affair till the yeaf
1717, when provifion was made by this^provincef
for running the line. The fame being done in
New-Jerfey the fucceeding year, commiffions for
that purpofe under the great feals of the refpective
colonies, were iffued in May, 1719. Thecpm-
miffioners, by indenture dated the 25th Of July,
fixed the North Station Point on the northernmofl
branch of Delaware, called the Fifh-Kill ; and
from thence a random line was run to - Hudfon's
river, terminating about five miles to the north
ward of the mouth of Tappan Creek. In Au
guft, the furveyors Of Eaft- Jerfey . met for fixing
the ftation on Hudfon's river. All the commif
fioners not attending through ficknefs, nothing
further was done. What had already been tranf-
acted, 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 furveyor afterwards declined proceeding in
the work, complaining of faults in the inftrument,'
which had been ufed in fixing the North Station;
on Delaware. The proprietors, on the other hand,'
think they have anfwered his objections, and the
matter refted, without much contention, till the*
year 1740. Frequent quarrels multiplying after
that period, relating to the rights of foil and ju-
rifdiction fouthward of the line in 1719, a proba^
tionaryact was paffed in New-Jerfey, in February
1748, for running the line ex parte, if the pro
vince of New-York refufed to join in the work.
Our affembly, foon after, directed their agent to
oppofe the king's confirmation of that act; and it
was accordingly dropped, agreeably to the advice
of the lords of trade, whofe report of the 1 8th of
Juty' I753t on a matter of fo much importance,
¦will doubtlefs be acceptable to the reader. «' To

Si

SC

Kew Jbkt <9j
«< to the KING's Moft Excellent MAJESTY.
" May it pleafe your Majefty 'f
*' WT^" ^aVe *at^v nac^ under oilr confidera- Areportoftire
« W tiori, an act paffed in your majefty's IX^lt
" province of New-Jerfey in 1747-8, entitled, An jea, in juty,
*' act for rdnhirtg and afcertaining the line of par- I7"'
" titioh arid divifiort betwixt this province of New-
Jerfey, and the province Of New- York.
" And having been attended by Mr. Paris, fo-
licitor in behalf of the proprietors of the eaflerh
divifion of New-Jerfey ; with Mr. Hume Camp-
** bell and Mr. Henley his counfel in fupport of
u the faid act ; and by Mr. Charles, agent for the
" province of New- York, with Mr. Forrefter and
*' Mr. Pratt his counfel againft the faid act ; and
" heard what each party had to offer thereupon ;
'* we beg leave humbly to reprefent to your ma-
" jefty, that the confederations which arife upon
" this acti are of two forts, viz. fuch as relate to
" the principles upon which it is founded, and
" fuch as relate to the tranfactions and circum-
" fiances which accompany it.
" As to the firft, it is an act of the province of
" New-Jerfey iriterefted in the determination of
*e the limits, and in the confequential advantages
*' to ,arife from it.
" The province of New-Jerfey, in its diftindt
«* and feparate capacity, can neither make nor efta-
" blifh boundaries : it can as little prefcribe re-
*' gulations for deciding differences between itfelf
*' and other parties concerned in intereft.
•' The eftablifhed limits of its jurifdiction and
" territory, are fuch as the grants under which it
*e claims have affigned. If thofe grants are doubt-
" ful, and differences arife upon the conftructions,
O "*oi*

194

THE HISTORY OF
cc or upon the matters of them, we humbly ap-
«' prehend that there are but two methods of de-
" ciding them: either by the concurrence of all
" parties concerned in intereft, or by the regular
" and legal forms of judicial proceedings ; and it
" appears to us, that the method of proceeding
" muft bederived from the immediateauthority of
" the crown itfelf, fignified by a, commiffion from
" your majefty under the great feal : thecommif-
«' fion of fubordinate officers. and of derivative pow-
*' ers being-neither competent noradequateto fuch
*' pucpofes r to judge qtherwife would be, as we
" humbly conceive, to fet up ex parte determina-
«' tions and incompetent jurifdictions in the place
'? of juftice and legal authority.
" If the act of New-Jerfey cannot conclude other
«' parties, it cannot be effectual to the ends pro-
" pofed ; and that it would not be, effectual to form
" an abfol'ute decifion in this cafe, the legiflature
" of that province feems fenftble, whilft it endea-
«' vours to leave to your majefty's determination,
" the decifion of one point relative to this matter^
*' and of confiderable importance to it ; whichpow-
45 er your majefty cannot derivefrom them, withr
V out their having the power to eftablifh the thing
*' itfelf, without the affiftance of your majefty.
" As we are of opinion, that theprefenfact witfw
" out the concurrence of other parties concerned in
" intereft, is unwarrantable and ineffectual ; we
*f fhall in the next place confider what tranfaftions
*' and proceedings havepaffed, towards obtaining
" fuch concurrence.
". The parties interefted are your majefty and the
" two provinces of New- York and New- Jerfey.
" Your majefty is interefted with refpect to your
" fovereignty, feigneurie, and property ; and the
" faid provinces with refpect to. their, government
" and jurisdiction. " With

N E W Y O R K; 195
" With regard to the tranfactions on the part of
kc New- York, we beg leave to obferve, that what-
" ever agreements have been made formerly be*-
** tween the two provinces, for fettling their.poun-
kl claries ; whatever acts of affembly have paffed,
" and whatever commiffions have been iffued by
" the refpective. governors and governments ; the
*' proceedings under them have never been per-
" focted, ,the work remains unfinifhed, and the dif-
" putes between the two provinces fubfift with as
" much contradiftion as ever ; but there is a cir-
*' cumftance .that appears to us to have ftill more
" weight, namely, that thofe tranfactions were
*' never properly warranted on the part of the
*' crown : the crown never participated in them,
" and therefore cannot be bound with refpect to its
** interefts by proceedings fo authorifed.
" The intereft which your majefty has in the de-
" termination of this boundary, may beconfidered
*' in three lights: either as interefts of fovereignty,
" refpecting mere government ; of feigneurie,
*' which refpect efcheats, and quitrents ; or of pro-
" perty, as relative to the foil itfelf ; which laft
" intereft, takes.place in fuch cafes, where either
*' your majefty has never made any grants of the
" foil* or where fuch grants have by efcheats re-
" verted,to your majefty.
" With regard to the firft of thefe interefts, viz.
** that of fovereignty, it has been alledged to us in
*' fupport ofthe aCt, that it is not materially affected
*' by the queftion, as both provinces are under your
" majefty's immediate direction and governments
" but they ftand in a very different light with ref-
" pect to your majefty's intereft in the quitrents
«' and efcheats ; in both which articles the fitua-
*' tion of the two provinces appears to us to make
«' a very material alteration ; for although the pro-
" vince of New-Jerfey is not under regulations of
O 2 " propriety

196

THE HISTORY OF
«e propriety or charter with refoectjto its govern-
!" merit, yet iCss a proprietary province with refpect
*' tothe grant and tenure of, its territory, and con-
** fequehtly as New- York jsnotin that predicament,
*«! the deterrninatipn of .the boundary in prejudice
*». to that province, will , affect yourmajefty's inter-
*« eft with refpect, to the tenure of fuch lands as
«' are concerned in this queftion ; it being evident,
,*' that whatever difti;icts are fuppofed to be in-
«' eluded in the limits of New-Jerfey, will imme-
«f diately pafs to the proprietors of that province,
',' and be, held of them, by which means your ma-
*' jefty would.be deprived of your efcheats, and
** the quitrents would pafs into other hands.
.«* To obviate this objection, it has been alledged,
" that the crown has already made abfolute grants
« of the whole territory that can poffibly come in
K' queftion under the denomination of this boun-
". dary, and referved only trifling and inconfider-
«* able quitrents on thofe grant?. But this argu-
¦«* ment does not feem to us to be conclufive, fince
«* it admits an intereft in your majefty, the great-
**, nefs.or fmallnefs of which is merely accidental »
**. and therefore does not affect the effence of the
«' queftion : and we beg leave to obferve, that in
*' the cafe of exorbitant grants with inconfiderble
¦«* quitrents ; and where confequently it may rea-
«"¦ fonably be fuppofed, that the crown has beende-
«4 ceived in fuch grants by its officers j your ma-
;«' jefty's contingent right of property in virtue of
«' your feigneurie, feems rather to be enlarged than
*' diminifhed.
*S This being the cafe, it appears to us, that
" governor Hunter ought not1 to have iffued his
** commiffion for running the line above mention-
*' ed, without having previoufly received the royal
*e direction and inftruction for that purpofe ; and
*4 that a commiffion iffued without fuch authority, " caa

NEW YORK.
** can be confidered, with refpect to the interefts of
w the Crown, in. no other light than as a mere nul-
¦*'' lity : and even with refofect to New- York-, we
" obferve, that the faid commiffion is questionable,
" as it does not follow the directions of the aoove-
'* mentioned act,, paffed in 1.71 7, which declares,
** that the comrhijfion to be iffued, fhall begrant-
" ed under the joint authority of the governor and
** council of that province.
" But it has been further urged, that the crown
" has fince confirmed thefe tranfactions^ either by
*' previous declarations or by fubfequent acqut-
" efcence,. arid confequently participated in therri,
*' fo far as to conclude itfelf : we fhall therefore*.
** in the next place, beg leave to confider the cir-
" cumftances urged for this purpofe.
" It has been' alledged, that the crown, bygiv-
" ing confent to the aforefaid act, paffed in New-
*¦' York in 1717, for paying and discharging feve-
" ral debts due from that colony, &c. Concluded.
" and bound itfelf, with refpect to the fubfequent
" proceedings had under the commiffion iffued by
** governor Hunter. ; but the view and purport
*' of that act appears to us fo entire, and fo dif-
" tinctly formed for the purpofe of raifing money
" and eftablifhing funds i fo various and fo diftinct
w from any confideration of the difputes fubfifting,
" in the two provinces, with refpect to the bound a-
" ries ; that we cannot conceive a fingle claufe in
" fo long and fo intricate an act,_ can be a fufficient
" foundation to warrant the proceedings of go-
" vernor Hunter fubfequent to it, without a fpecial
,s authority from the crown for that purpofe ; and
" there is the more reafon to be of this opinion, as
M the crown, by giving its affent to that act, can
«' be conftrued to have affented only to the levying
" money for a future purpofe ; which purpole
** could not be effected by any commiffion, but
O 3 " fr°«*

197

I93 T H E H I S T O R Y O F
" from itfelf; and therefore can never be fuppofed
" to have, thereby, approved a commiffion from
" another authority, which was at that time al-
" ready iffued, and carrying in execution, previous
" to fuch aiTcnt.
" We further beg leave humbly to reprefent to
" your majefty, that the line of partition and dir
*' vifion between your majefty's province of New-
'.' York and colony of Connecticut, having been
" run and afcertained, purfuant to the directions
" of an act paffed, at New-York, -for that pur-
" pofe, in the year 1719, and confirmed by his
" late majefty in 1723 •, the tranfactions between
*' the faid province and colony, upon that occa-
" fion, have been alledged to be fimilar to, and
" urged as, a precedent, and even as an approba-
" tion, of the matter now in queftion : but we are
" humbly of opinion, that the two cafes are mate-
V rially, and effentially, different. The act paffed
,f in New- York, in 17 19, for running and afcer-
" taining the lines of partition and divifion between
" that colony and the colony of Connecticut re-
" cites, that in the Year 1683, the governor and
'.* council of New- York, and the governor and
" commiffioners of Connecticut, did, in council,
*' conclude an agreement concerning the bounda-
" ries of the two provinces $ that, in cbnfequence
e{ of this agreement, commiffioners and furveyors
" were appointed on the part of each government,
*' who did actually agree, determine, and afcer-
" tain, the lines of partition -, marked out a cer-
" tain part of them, and fixed the point from
" whence the remaining part fhould be run : that
" the feveral things agreed on and done by
" the faid commiffioners, were ratified by the re-
" fpective governors ; entered on record in each
" colony, in March 1700 •, approved and confir-
'' med by order of king William the third, in
" his

NEW YORK. is9
** his privy council •, and by his faid majefty's Iet-
" ter to his, governor of New-York. From this
" recital it appears to us, that thofe tranfactions
** were not only carried on with the participation,
" but confirmed by the exprefs act and authority
" of the crown ; and that confirmation made the
" foundation, of the act pafled, by New- York,
" for fettling the boundaries between the two pro-
** vinces ; of all which authority and foundation
" the act, we now lay before your majefty, ap-
<s pears to us to be entirely deftitute.
" Upon .the whole, as it appears to us, that the
*' act in queftion, cannot be effectual to the ends
*' proppfqd j that your majefty's intereft may be
''materially affected by it, and that the proceed-
** ings, on which it is founded, were not warranted
" in the firfl inftance, by the proper authority,
" but carried on without the participation of the
*'* crown ; we cannot think it advifeabie, to lay
" this act before your majefty, as fit to receive
«' your royal approbation.
*« Which is moft humbly fubmkted,
" Dunk Halifax,
" J. Grenville,
Whitehall " James Ofwald,
July 1 8, 1753* -- Andrew Stone."

O 4 THE

-.1

THE
HI S T 0 R Y
vO F

U E W- Y O R K,

i'j-

P A R T V,

Ftom the Tear 1720, to the Commencement of the
Adminiftration of Colonel Cofby.
povcmor EuI: TTTILLIAM BURNET, Efq. took upon
net's adrmni- yy ^im the government of this province, on
^;'i03n2orept' the 1 7th of September, 1720. The council named,
in his iriftrtiftions, were
Colonel Schuyler, Mr. Barbarie,
Colonel Depeyfter, Mr. Philipfe,
Captain Walter, Mr. Byerly,
Colonel Beekman, Mr. Clarke,
Mr- Van Dam, Dr. Johnfton,
Colonel Heathcote, Mr. Harifori.
His birth and Mr. Burnet was a fon of the celebrated bifhop
fharaaer. Q£ fatnamei whofe piety and erudition, but efpe-
cially his zeal and .activity, for the glorious revo
lution and pfoteflant fucceffion, will embalm his
memory to the moft diftant ages. The governor
was a man of fenfe and polite breeding, a well
read fcholar, fprightly, and of a focial difpofition.
Being devoted to his books, he abftained from all
thofe exceffes, into which his 1 pleafureable relifh ,'
would otherwife have plunged him. He ftudied
the arts of recommending himfelf to the people,
had nothing of the morofenefs of a fcholar, was
gay and condefeendiog, affected no pomp, but
<. yifited

N E W Y 0 R K. #>l
Vifited every family of reputation, and often di
verted himfelf in free converfe with the ladies,, by
whom he was very^much admired. No governor,
before him, did fo much biifinefs in chancery.
The office of chancellor was his delight. He
made a tolerable figure in the exercife of it, tho*
he was no ^lawyer, and had a foible very unfuit-
able for a judge, I mean his refolving too fpeedi-
ly, for he ufed to fay of himfelf, "' I act firft,
«' and think afterwards." He fpoke however al
ways fenfibly, and by his great reading was able
to make a literary parade. — As to his fortune, it
¦was very inconfiderable, for he fuffered much in
the South Sea fcheme. While in England, he harj
the office of comptroller of the cuftoms at Lon
don, which he refigned to brigadier Hunter, as
the latter, in ' his favour, did the government of
this and the colony of New-Jerfey. Mr. Burnet's
acquaintance with that gentleman gave him a fine
opportunity, before his arrival, to .obtain good in-.
telligence both of perfons and things. The bri
gadier recommended all his old friends to the fa
vour of his fucceffor, and hence we find that he
made few changes amongft them *. Mr. Morris,
the chief juftice, was his principal confidant. Dr.
Golden and Mr. Alexander, two Scotch gentle
men, had the next place in his efteem. He fhew-
ed his wifdom in that choice, for they were both
men of learning, good morals, and folid parts.
The former was well acquainted with the affairs of
the province, and particularly thofe which con
cerned the French in Canada and our Indian allies.
The latter was bred to the law, and though no
fpeaker, at the head of his profeffion for fagacity
* Colonel Schuyler and Mr. Philipfe were, indeed, re
moved from the council board by his reprefentations ; and
their oppofing, in council, the continuance of the aflembly,
after his arrival, was the caufe of it. and

2®a THE HISTORY OF
and penetration ; and in application to bufineis n®
man could fu-rpafe hirril' Hor was he unacquaint
ed with the affairs of1' the publick, having ferved
in the Tec retafy's office,' the beft fchool in the pro*
vince, for inftruction in matters of government j.
becaufe the fecretary ©njoysa plurality of offices*
converfant with the firft fprings of" our provincial
ceconomy. Both thofe gentlemen Mr. Burnet
foon raifed to the council board, as he alfo did
Mr. Mprris, junior, Mr. Van Hprn, whofe daugh?
ter he married, and Mr. Kennedy, who, fucceeded-
Byerly, .both at the council board, and in the office
of receiverrgeneral.
Of all our, governors, none had, fuch extenfive
and juft views of our Indian affairs, and the dan
gerous neighbourhood of the French, as governor
Burnet, in which Mr- Livingfton was his princi
pal affiftant. His attention" to thefe matters ap
peared at thq very commencement of his admini
ftration, for, in his firft fpeech to the affembly, the
very fall after his arrival, he laboured to implant
the fame fentiments in the breafts of the mem
bers; endeavouring to alarm their fears, by the
daily advances of the French, their poffeffing the
main pafles, feducing our Indian allies, and in-i
creating their new fettiements in Louifania.
GowJcrffpofi- Chief juftice Morris, whofe influence. was very;
tram of the at- great in the houfe, drew the addrefs in anfwer" to,
Ssmeiy towards L , r , , . . . , ~
mtenewgo- the governor s fpeech, which contained a paffage
***m*' manifefting the . confidence they repofed in him,
" We believe that the fon of that worthy prelate,
',* fo eminently inftrumental under our. glorious
" monarch, William the Third, in delivering us
" from arbitrary power, and its concomitants, po-
" pery, fuperflition, and flavery •, has been edu-
" cated in, andpoffeffes, thofe principles, that fa,
" juttly recommended his father to the Council and
«' confidence of proteftant princes j and fucceeds. " our

N E W Y O R K, 2p3
^ our former governor, not only in power, but
" inclination, to do us good."
From an affembly, impreffed with. fuch favour
able fentiments, his excellency had the higheft
reafon, to expect a fubmiffive compliance with
every thing recommended to their notice. The
publick bufinefs proceeded without fufpicion or
jealoufy, and nothing intervened to diftqrb the
tranquility of the political ftate. Among the moft .„ c „.
remarkable acts, palfed at this feffion, we may biy.
reckon that, for a five years fupport ; another for
laying a duty of two per cent, prime coft, on the
importation of European goods, which was foon
after repealed by the king ; and a third, for pro
hibiting, the fale of Indian goods to the French, a prohibition
The laft of thefe was a favourite act of the so- of t!ie/aJe °f
..... o goons fit fon the
vernor s, and though a law very advantageous to ufe of the in,
the province, became the fource of an unreafon- praennscn° 'he
able oppofition againft him, which continued thro'
his whole adminiftration. From theConclufion of
the peace of Utrecht, a great trade was carried on
between Albany and Canada, for goods faleable
among the Indians. The chiefs of the confede
rates, wifely forefaw its ill confequences, and com
plained of it to the commiffioners of Indian af
fairs *, who wrote to Mr. Hunter, acquainting him
* The governors refiding at New- York rendered it necef- Commiffioners
fary, that fome perfons fhould be commiffioned, at Albany, 0f Indian af-
to receive intelligence from the Indians, and treat with them fairs.
upon emergencies. This gave rife to the office of commif
fioners of Indian affairs, who in general tranfaft all fuch mat
ters as might be done by the governor. They receive no fa
laries, but confiderable fums are depofited in their hands for
occafional prefents. There are regular minutes of their tranf
actions from the year 1675. Thefe were in feparate quires,
till Mr. Alexander, who borrowed them for his perufal in
175 1, had them bound up in four large volumes in folio.
Here all our Indian treaties are entered. The books are kept
by a fecretary, commiffioned in England, whofe appointment is

ao4 < THE H T S TORY OF
him of j their diffatisfaetion. The letter was laitf
befoffe .the hoiffe,}lbVt no effectual fteb taken tor
pre^&ntthe mifc'l\lefi£till the pafilfig of this act,
Which* fubjfected the3 traders i& arforfeifure of the
effects fold, and the -penalty of ioo IV Mr.'Bur-
net's fcheme was to draw the Indian tr'ide into out
own hands ; to obftruct the cOmniunicatfon" of the
French with our 'allies, which gave them frequent
opportunities of feducrng them from their fidelU
ty*; and to regain the Caghnuagas, who became
interefted in their difaffection, by being the car
riers between Albany and Montreal. Among thofe
who were more immediately prejudiced by this,
new regulation, the importers of 'thofe goods, frbtn.
Europe, were the' chief ; and hence the fpring oi
their Oppofition to the governor.
All poffible arts were ufed, both here and at
home, to preferve the good temper1 of the affem
bly. Brigadier Hunter gave the miniftry fuch fa
vourable accounts of the members, that colonel
Schuyler, during hisprefidentfhip, had orders from-
Mr. fecretary Craggs, neither to diffolve them
himfelf," nor permit them to be diffolved ; and at
the fpring -feffion, in the year 1721, Mr. Burnet
informed them, that his continuance of them, was
Frocredingrof Highly approved at home. Horatio Walpole, the-
*h"a'toaudit.or-general> Who had appointed Mr. Clarke
*heauditor-gi- for his deputy; thought this a favourable conjunc-
^^^"^turej, for procuring five per cent, out of the trea-
fury. But the houfe were averfe to his applica-'

is an annual falary of too I. jjroclamatioa out ofthe ejuit-..
rents. The commandant , at Ofwego. is generally a commif-
IJjoner. The office would; probably have been more advan
tageous than it has been, if the commiffioners were not traders.
themfelves, than which nothing is more ignoble in the judg
ment pf the Indians, - Sir William Johnfon is at prefent the
fole coram iffioner, .and within nine months after the arrival .of
general- Eraddock, received 10,000 1. fterling, to fecure the
lT1dia.11 intcrelt, tion»

NEW TOR E. aoj
tion, and- on the 2d of -June, Abraham Depeyfterj
jun. was , appointed tre,afgre,r ,by .'itbe..-, fpeaketi's
warrant, with the confent ol^tne.governor, in the
room of ,h,is father, who was, infirm. •, upon which
!he entered .into a recognisance, of 5000 1. to the
king, before a judge of the fupreme court, for
the faithfoL execution of his, .truft, which was
lodged in the fecretary 's office, The houfe,, ¦.-at the
fame time, in. an addrefs, declared their willing.-
nefs that the treafurer fhould account ; but utterly
refufed to, admit of any draughts upon the trea1-
fury, for the auditor-general, who was conftrained
to, depend entirely, upon the revenue, out of which
he received about 200 1. per annum. , ,,„, 1
Mr. Burnet being welj acquainted with the geo
graphy of_, the country, wifely concluded, that k
was to the laft degree neceffary, to get the com
mand, of the great lake Ontario, as well for the
benefit of the trade, and the fecurity of the friend-
foipof th^ Five Nations, as to fruftrate the French
defigns, of confining the Englifh colonies to nar
row limits, along the- fea coaft, by a chain of forts
cin the great paffes from Canada to Louifania.
Towards the fubverfion of this fcheme, he began
the erection of ,a trading houfe at;Qfwegos in the a trading
county of, the Senecas, in 1722 ; and recommend- £° orwr^iL
ed a provifion for the relidence of trufty perfons ijm.
among them, and. the Onondagas, which laft pof
fefs the center ofthe Five, Cantons. This year
was remarkable for a congrefs of feveral govern- Acorrgretsof
ors and, commiffioners, on the. renewal of thean- ^""I^Tai-
cient friendfhip with the Indians at Albany. Mr. *>»ny.
Burnet prevailed upon them to fend a meffage, to
threaten the Eaftern . Indians with a war, unlefs
they concluded a peace with the Englifh, who were
very much harraffed by their frequent irruptions.
On the $bth;of--iMay,. in the year following, the
confederatesi-wereaugmented1 by their reception of
" .: -• -.- *<-¦_- ^ • >'-ji .. ~» '" above

;zee THE HISTORY. .OF
above eighty Nicariagas, befides women and
children, as they had been formerly^ by the addi
tion of the Tufcaroras. The country of the Ni
cariagas was on the north fide of Miffilimakinack,
but the Tufcaroras poffeffed a tract of land, near
the fources of James's river, in Virginia, from
whence the encroachments of the Englifh induced
'them to remove, and fettle near the fouth eaft end
of the Oneyda lake.
fjfljuit oia- The ftrict Union fubfifting between the feveral
rteTov^rn"* branches of the legiflature, gave a handle to Mr.
Burnet's enemies to excite a clamour againft him.
JealoUfies Were induftrioufly fown in the breafts of
the people. The continuance of an affembly, af
ter the acceffion of a new governor, was repre-
fented as an anti-conftitutional project; and tho'
the affairs of the publick were conducted with
wifdom and fpirit, many were fo much impofed
Upon, that«a rupture between the governor arid
the affembly was thought to be abfolutely necef-
fary for the weal and fafety of the community.
But this was not the only flratagem of thofe who
were difaffected by the prohibition ,of the French
Tiie London trade.. The London merchants were induced to
rid™ ttektog Petition the k'ng for an order to his governor,
againft tjie lab prohibiting the revival of the act made againft it,
Ct^rfh or ^he faffing any new law of that tendency. The
the French, petition was referred to the board of trade, and
backed before their lordfhips, with fuggeftions of
the moft notorious falfehoods. The lords of tirade
prudently advifed, that no fuch directions fhould
befent to Mr. Burnet, till he had an opportunity
of anfwering the objections againft the act. They
were accordingly fent over to him, and he laid
them before his council. Dr. Colden and Mr.
Alexander exerted themfelves in a memorable re
port in anfwer to them, which drew upon them the
refentment of feyeral merchants here, who had
firft

Ifr fi w York.
firft excited the London petition, and laid the
foundation, for a variance between their families,
which has manjfefted itfelf on many occafions.
In juftice to Mr. Burnet's memory, and to fhew
the propriety of his meafures for .ob'ftructing the
French trade, I. cannot refrain the republication of
the council's, report at full length.

ao/

May it pleafe your Excellency,

* TN
• lir

obedience to your excellency's commands, An excelled
in council, the 2.9th of October, referring "^'^JS*
• • r r \ ¦ v council ofNew
* to us a petition ot ieveral merchants m London, York k«niwe*
* prefented to the king's moft excellent majefty, t°0*eic J*ti~
* againft renewing an act paffed in this province,
' entitled, " An act for encouragement of the In-
" dian trade, and rendering it more effectual to
** the inhabitants of this province, and for pro-
** -hibiting the felling of. Indian goods to the
** French." ''As likewife the feveral allegations of
s the faid merchants before the right honourable
* the lords of trade and.planta.tions, we -beg leave
* to make the following remarks.
' In order to make, cur, obfervations the more
* difti.nct and clear, we. fhall gather together r,he
e feveral affertions ofthe faid merchants, both in
* their petition, and delivered verbally before the
* lords of trade, as to the fituation of this pro*
* vince, with refpect to the French and Indian na-
s tons ; and obferve on them, in the firft place*
« they being the foundation on which ali their
* other allegations are grounded. Afterwards we
4 fhall lay before your excellency, .what. we think
* neceffary to obferve, on the other parts of the
* faid petition, in the order they are. in the peti-
* tion, or in the report of the lords of trade.
' In their geographical accounts they fay, " Be^
" fides the nations of Indians that are in the Eng-
«' liih intereft, there are very many nations of
*' Indians,

to§, .TEtEHtSTORYbF,
41 Indians, who are at prefent in the intereft of
" the French, who lie between New- York and
" the nations of Indians in the Englifh intereft. — ¦
'' The French and their Indians would not permit
" the Englifh Indians to pafs over by their Forts.'*
The faid aft " reftraihs them (the Five Nations)
" from a free Commerce with the inhabitants of
" New- York.
*e The five Indian Nations are fettled upon the
" banks 6f the river St. Lawrence, directly oppo-
" fite to Quebeck, two or three hundred leagues
" diftant from the neareft Britifh fettiements iri
" 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 down the river St. Law-
" rence, and from thence through a lake, which
" brought them within eighteen leagues of AI-
" bany."
4 Thefe things the merchants have thought it
* fafe for them, and confiftent with their duty to
* his facred majefty, to fay in his majefty's pre--
' fence, and to repeat them afterwards before the
' right honourable the lords of trade, though
* nothing can be more directly contrary to the
* truth. For there are no nations of Indians be-
* tween New- York and the nation's of Indians in
' the Englifh intereft, who are now fix in num--
' ber, 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 Hudfon's river, (not on the north fide
' as they are placed in the French maps,) and but
* forty miles directly weft from Albany, and withiri
* the Englifh fettiements ; fome of the Englifli
*¦ farms, upon the fame river, being thirty miles
* further
* Acnies.

NEW YORK.
further weft. The Oneydas (the next of the Five
Nations) lie likewife weft from Albany, near the
head ofthe Mohawks river about one hundred
miles from Albany. The Onondagas lie about
one hundred and thirty miles weft from Albany ;
and the Tufcaroras live partly With tiie Onon
dagas, The Cayugas are about one hundred and
fixty Miles from Albany ; and the Senecas (the
furtheft of all thefe Nations) are not above two
hundred and forty miles from Albany, as may
appear from Mr. D'l lie's * Map of Lodifania,
who lays down the Five Nations under the name
Iroquois •, and goods are daily carried from this
province, to the Senecas, as well as to thofe
nations that lie nearer, by water, all the way,
except three miles (or in the dry feafon five miles)
where the traders carry over land between the
Mohawks river and the Wood Creek, which runs
inta the Oneydas Lake, without going near
either St. Lawrence river, or any of the lakes
upon which the French pafs, which are intirely
out of their way.
,' The neareft French forts or fettiements to Al-
bany? are Chambly and Montreal, both of them,
lying about north and by eaft from Albany, and
are near two hundred miles diftant from it. Que
beck lies about three hundred and eighty miles
north-eaft from Albany. So far is it from being
true, that the Five Nations are fituated upon the
banks of the river St. Lawrence, oppofite to
Quebeck, that Albany lies almoft directly be
tween Quebeck and the Five Nations. And to fay
that thefe Indians cannot come to trade at Al
bany, but by going down the river St. Lav/*,
rence, and then into a lake eighteen leagues from,
Albany ("we fopppfe they mean lake Champlain)
paffing by the French forts, is ro the fame pur
pofe as if they fhould fay, that one cannot go'
* De L'lflc P ''from'

2«fJ

ZIO

THE HISTORY OF
4 from London toBriftol, but byway of'-Edin-?
' burgh, ' Before we go on to obferve other particulars*
' we beg leave further to remark, that it is fo far
' from being true, that the Indians in the French
*. intereft, lie between New-York and vour Five
' Nations of Indians •, that fome of our nations of
4 Indians lie between the French and the Indians,*
4 from whence the French bring the far greateft
' quantity of their furs : for the Senacas (whom
* the French call Sonontouons * ) are fituated be-
4 tween lake Erie and Cadaracqui lake, (called by
* the French Ontario) near the greatfall of Iagarat,
* by which all the Indians that live rourTd lake
' Erie, round the lake ofthe Hurons, round the
* lake of the Illenois, or Michegan, and round the
e great upper lake, generally pafs in their way to
' Canada. All the Indians fituated upon the
' branches ofthe Miffifippi, muft likewife pafs by
' the fame place, if they go to Canada. And all
* of them likewife, in their way to Canada, pafs
* by our trading- place upon the Cadaracqui lake,
' at the mouth of the Onondago river. The
' neareft and fafeft way of carrying goods upon
* the Cadaracqqi lake, towards Canada, being a-
* long the fouth fide of that lake, (near where our
4 Indians are fettled, and our trade of late is fix-
' ed) and not by the north fide and Cadaracqui,
* or Frontinac fort, where the French are fettled.
4 Now that we have reprefented to your excel-
4 lency, that not one word of the geography of
* thefe merchants is true, upon which all their
*- reafoning is founded j it might feem needlefs to,
* trouble your excellency with any further remarks,'
' were it not to fhow with what earneftnefs they
* Ifonnontouans.
f bometimcsOniagara, Ochniagara.butCQrrimonly Niagara. 4 are

'NEW YORK.' ,afj
are promoting the French intereft, to the preju
dice of all his majefty's colonies in North Ame
rica, and that they are notrafhamed of afferting
any thing for that end, even in the royal prefence.
4 Firft they fay, " That by the actpaffedjn this
'¦ province, entitled, An act for the encourage-
'• ment of the Indian trade, &c. All trade what-
'. foever is prohibited in the ftricteft manner, and
; under the fevered penalties, between the inha-
; bitants of New-York government, and the
; French of Canada."
* This is not true •, for only, carrying goods to
the French, which are proper for the Indian
trade, is prohibited. The trade, as to other
things, is left in the fame ftate it was before that
act was made, as it will appear to any perfon
that fhall read it j and there are, yearly, large
quantities of other goods, openly, carried to'
Canada, without any hindrance from the govern
ment of New-York. Whatever may be faid of
the feverity and penalties in that act, they are
found infufficient to deter fome from carrying
goods elandeftinely to the French ; and the le
giflature of, this province are convinced, that no
penalties can be too fevere, to prevent a trade,
which puts the fafety of all his majefty's fubjects
of North AnTericai in the greateft danger.
« Their next affertion is, " All the Indian goods
"• have by this act been raifed 25 1. to 30 1, per
: cent." This is the only allegation in the whole
petition that, there is any ground for. Neyer-
thelefs, tho' the common channel of trade can
not be altered without fome"detriment to it in the
beo-inning ; we are affured from the cuftom-houfe
books, that there has been every year, fince the
paffing of this aft, more furs exported from New-
York, than in the year immediately before the
paffing of this act. It is not probable that the
r P 2 greateft

>jft2 THE HISTORY O F-
* greateft difference between the exportation, anjj
« year before this act, and any year fince, could fo
4 much alter the price of beaver, as it is found to
* be this laft year. Beaver is carried to Britain from
* other parts befides New-York, and it is certain
* that the price of beaver is not fo much' altered
4 here by the quantity in our market, as by the de-
*" mand for it in Britain. But as we cannot be fi>
4 well informed here, what occafions beaver to be
* in greater demand in Britain, we muft leave that
' to be enquired after in England. However, we
* are fully fatisfied that it will be found to be for
*> very different reafpns from what the merchants
' alledge. * The merchants go on and fay, " whereas, on
*' the other hand, this branch of the New- York
*' trade, by the difcouragements brought upon it
*' by this act, is almoft wholly engroffed by the
¦•*' French, who have already by this act, been en-
*' couraged to fend proper European goods to Ca-
*' nada, to carry on this trade, fo that fhould this
«' act be continued, the New- York trade, which is
« very confiderable, muft be wholly loft: to us, and
" center in the French.— Though New- York
*' fhould not furnifh them, the French would find ,
44 another way to be fupplied therewith, either
"' from fome other of his majefty's plantations, or
" it might be directly from Europe.— Many of
" the goods, which the Indians want, being as
" eafy to be had directly from France or Holland,1
" as from Great-Britain."
4 This is eafily anfwered, by, informing your .
* excellency, that the principal of the goods pro-
4 per1 for the Indian market, are only of the ma,-
4 nufactures of Great-Britain, or of the Britifh
* plantations, viz. StroUds, or ftrOud-waters, and
4 other woollens, and rum. — The French muft
4 be obliged to buy all their woollens (the ftrouds
' efpeciarJy)

N E W Y p R K. 2ij
efpecially) in England, and thence carry them to
F'rance, in order to their tranfportation to Canada.
4 The voyage to Quebeck, through the bay of
St. Lawrence, is well known to be the moft
dangerous of any in the world, and only practi
cable 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 veffels from France, that touch at their
iflands in the Weft-Indies. New- York has, by
reafon of its fituation, both as to the fea and the
Indians, every way the advantage of Canada.
The New- York veffels make always two voyages
in a year from England, one in fummer, and
another in winter,- and feveral voyages in a year
to the Weft-Indies. It is manifeft, therefore,
that it is not in the power of the French to im
port any goods near fo cheap, to Canada, as
they are imported to New-York.
4 But to put this out of all controverfy, we need
only obferve to your excellency, that ftrouds
(without which no confiderable trade can be car
ried on with the Indians) are fold at Albany for
10 b a-piece : they were fold at Montreal, before
this act took place, at 13 1. 2 s. 6 d. and now
they are fold there for 25 1. and upwards ; which
is an evident proof (that the French have not in
. thefe four years time during the continuance of
this act) found out any other way to fupply
themfelves with ftrouds ; and likewife that they
cannot trade without them, feeing they buy them
at fo extravagant a price.
4 It likewife appears, that none of the neigh
bouring colonies have been able to fupply the.
French with thefe goods, and thofe that know,.
the geography of the country, know it is im
practicable to do it at any tolerable rate, becaufe j
P 3 * thejp.

f 14 THE HI'STORY OF
' they muft carry their goods ten times further by
*tand than we need^to do.
4 We are likewife affured, that the merchants
* of Montreal lately' told Mr. Vaudreuil, their go^-
,, 4 vernor, that if the trade from Albany be not by
* fome mean or other encouraged, they muft aban-
4 don that fettlement. We have reafon therefore
4 to fufpect, that thefe merchants (at leaft fome of
* them) have been practifed upon by the French
4 agents in London •, for no doubt, the French
' will leave no method untried to defeat the pre-
4 fent defigns of this government, feeing- they are
4 more afraid of the confequences of this trade
4 between New- York and the Indians, than of all
* the warlike expeditions that ever were attempted
4 aeainft Canada.
4 But to return to the petitioners. " They
44 conceive nothing can tend more to the with-
44 drawing the affections of the Five Nations of
41 Indians from the Englifh intereft, than the con-?
44 tinuance of thefaid act, which in its effects re-
44 ftrains them from a free commerce with the in-
44 habitants of New- York, and may too probably
44 eftrange them from the Englifh intereft -, where-
4C as by a freedom of commerce, and an encou-
44 raged intercourfe of trade with the French and
44 their Indians, the Englifh intereft might, in
44 time, be greatly improved and ftrengthened."
4 It feems to us a ftrange argument to fay, that
4 an act, the whole purport of which is to encou-
4 rage our own people to go among the Indians,
* and to draw the far Indians through our Indian
* country to Albany (and which has truly pror
4 duced thefe effects) would, on the contrary,
4 reftrain them from a free commerce with the in-
4 habitants of New- York, and may too probably
4 eftrange them from the Englifh intereft •, and
therefore that it would be much wifer in us to
4 make

c

NEW YORK.
'• makeufe of the French, to promote the Eng-
'• lifh intereft •, and for which end, we ought to
; encourage a free intercourfe between them and
' our Indians. The reverfe -of this is exactly
' true, in the opinion of our Five Nations ; who
1 in all their publick treaties with this govern-*
ment, have reprefented againft this trade, as
the building the French forts with Englifh
ftrouds; that the encouraging a freedom of com
merce with our Indians, and the Indians round
them, who muft pafs through their country to
Albany, would certainly increafe both. the Eng
lifh intereft and theirs, among all the nations to
the weftward of them ; and that the carrying the
Indian market to Montreal in Canada, draws all
the far Indians thither.
4 The laft thing we have to take notice, is what
the merchants afjerted before the lords of trade,
viz. 44 That there has not been half the quan-
' tity of European goods exported fince the paf-
; fing of this art, that ufed to be." — ' We are well
affured, that this is no better grounded than the
above facts they afTert with the fame pofitivenefs.
For it is well known, almoft to every perfon in
New York, that there has not been a lefs, but
rather a greater, quantity of European goods
imported into this place, fince the paffing ot this
act, than was at any time before it, in the fame
fpace of time. As this appears by the mani-
fefts in the cuftom houfe here, the fame may
likewife be eafily proved by the cuftom- houfe
books in London.
4 As all the arguments of the merchants run
upon the ill effects this act has had upon the
trade and the minds of the Indians, every one
of which we have (hewn to be afferted, without
the leaft foundation to fupport them •, there no
thing now remains, but to fhew the good ef-
p 4 i teds

'3

±i6 THE HISTORY OF
f feels this act has produced, which are fo noto*
' rious in this province, that we know not one1
4 perfon that now opens his mouth againft the act.
, ' Before this act paffed', none of the people of
4 this province travelled into' the Indian countries
4 to trade. We have now above forty young
4 men, who have been feveral times as far as the
c lakes a trading, and thereby become well ac-
* quainted not only with the trade of the Indians,
4 but likewife with their manners and languages ;
4 and thofe have returned with fuch large quanti-
* ties of furs, that greater, numbers are refolved
4 to follow their example ; fo that we have good
* reafon to hope, that in a little time the Englifh
* will draw the whole Indian trade of the inland
4 countries to Albany, and into the country of the
4 Five Nations. This government has built a.
4 publick trading- houfe upon Cataracqui lake,- at
4 lrondequat, in the Sennecas land, and another
4 is to be built, next fpring, at the mouth of the
4 Onondagas river. All the far Indians pafs by
* thefe places, in their way to Canada ; and they
4 are not above half fo far from the Englifh fettlo-
4 ments, as they are from the French.
4 So far it is from being true what the merchants
4 fay, 4' That the French forts interrupt allcom-
44 munication between the Indians and the Eng-
44 lifh j" that if thefe places be well fupported, as
4 they eafily can be from our fettiements, in cafe
4 of a rupture with the French, it will be in the '
* power of this province, to intercept the greateft
4 part of the trade between Canada and the Indi-
* ans round the lakes and the branches of the
* Miffifippi. — Since this act paffed, many nations
4 have come to Albany to trade ; and peace and
* friendfhip, whofe names had not fo much as' been -
4 heard of among us. — In the beginning of May,
* 1723, a nation of Indians came te» Albany fing-

lnS

NEW YORK,
ing and dancing, with their calumets beforss
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 af>
fairs, were able to inform themfelves what na
tion this1 was.
4 Towards the end of the fame month, eighty
men, befides the women and children, came to
Albany in the fame manner. Thefe had one of
our Five Nations with them for an interpreter,
by whom they informed the commiffioners, that
they were of a great nation, called Nehkereages,
confuting of fix caftles and tribes ; and that they
lived near a place called by the French, Mifii-
makinah, between the upper lake and the lake
of the Hurons. Thefe Indians not only defired
• a free commerce, but likewife to enter into a
; ftrict league of friendship with us and our Six
Nations, that they might be accounted the fe-
venth nation in the league, and being received
: accordingly, they left their calumet, as a pledge
• of their fidelity. — In June another nation arrived,
: but from what part of the continent we have not
1 learned. 4 In July the Twightwies arrived, and brought
; an Indian interpreter of our nations with them,
who told, that they were called by the French,
; Miamies, and that they live upon one of the
¦ branches of the river. Miffifippi. — At the fame
; time fome of the Tahfagrondie Indians, who
; live between lake Erie and the lake, Hurons,
: near a French fettlement, did come and renew
¦ their league with the Englifh, nor durft the
; French hinder them. — In July this year, another
1 nation came, whofe fituation and name we know
; not ; and in Auguft and September, feveral par-
; ties of the fame Indians that had been here laft
1 year ; but the greateft numbers of thefe far In-
4 dians

*J7

siS

THE HISTORY O'F
dians have been met this year in the Indian coun~
try by our traders, every one of them endea
vouring to get before another, in order to reap
the profits of fo advantageous a trade, which
has all this fummer long, kept about forty traders
conftantly employed, in going between our trad
ing-places, in our Indian country, and Albany.
4 All thefe nations { of Indians, who came tq
Albany, faid, that the French had fold them
many flrange ftories of the Englifh, and did
what they Could to hinder their coming to Al
bany, but that they had refolved to break thro'
by force. The difference on this fcore between
the Tahfagrondie Indians and the French (who
have a fort and fettlement there, called by them
'Le Droit) rofe to that height this fummer, that
Mr. Tonti, who commanded there, thought it
proper to retire, and return to Canada with many
of his men.
4 We are, for thefe reafons, well affured, that
this year there will be more beaver exported for
Great-Britain, than ever was from' this province
in one year ; and that if the cuftom-houfe books
at London be looked into, it will be found, that
there will be a far greater quantity of goods for
the Indians (ftrouds efpecially) lent over next
fpring, than ever was at any one time to this
province. For the merchants here tell us, that
they have at this time ordered more of thefe
goods, than ever was done at any one time before.
4 Thefe matters of fact prove, beyond contra
diction, that this act has been of the greateft
fervice to New -York, in making us acquainted
with many nations of Indians, formerly entirely
unknown, and ftrangers to us ; withdrawing
them from their dependance upon the French,
and in* uniting them to us and'our Indians, by
means of trade and mutual offices of friendfhip.
4 —Of

N E W Y O R K. 2ig
¦ —Of what great confequence this may be to the
Britifh intereft in general, as to trade, is appa
rent to any body. It is no lefs apparent like-
wife, that it is of the greateft confequence to the
fafety of all" the Britilh colonies in North Ame
rica. We feel, too fenfibly, the ill effects of
the French intereft in the prefent war betwixt
New-England, and only one nation of Indiana
: fupported by the French. Of what difmal con-
fequences then might it be, if the French fhould
be able to influence, in the fame manner, fo
many and fuch numerous nations, as lie to the
weftward of this province, Pennfylvania and
Maryland ? On the other hand, if all thefe na
tions (who affert their own freedom, and declare
themfelves friends to thofe that fupply them beft
with what they want) be brought to have a de-
pendance upon the Englifli (as we have good
reafon tc hope in a fhort time they will) the
French of Canada, in cafe of a war, muft be at
the mercy of the Englifh.
4 To thefe advantages muft be added, »that ma
ny of our young men having been induced by
this act to travel among the Indians, they learn
their manners, their languages, and the fituation
of all their countries, and become inured to all
manner of fatigues and hardfhips ; and a great
many more being refolved to follow their exam
ple, thefe young men, in cafe of war with the
Indians, will be of ten times the fervi.-e, th;»c
the fame numberfof the common militia can be
of. — The effects of this act have likewife fo
much quieted the minds of the people, with re
fpect to the fecurity of the frontiers, that our
fettiements are now extended above thirty miles
further weft towards the Indian countries, than
they were before it paffed. , a
4 The

2ZO

THE HISTORY OF
4 The only thing that now remains tb anfwer^
is an objection which we fuppofe may be made,
What can induce the merchants of London to
petition againft an act, which will be really fo
much for their intereft in the end ? The reafon;
is, in all probability, becaufe they only confider
their prefent gain; and that they are not at all
concerned for the fafety of this country, in en
couraging the moft neceffary undertaking, if
they apprehend their profit for two or three years
may be leffened by it.. This inclination of the
merchants has been fo notorious, that few na
tions, at war with their neighbours, have been
able to reftrain them from fupplying their ene
mies with ammunition and arms. The count
D'Eftrade,' in his letters in 1638, fays, that when
the Dutch were befieging Antwerp, one Beiland,
who had loaded four fly-boats with arms and!
powder for Antwerp, being taken up by the
prince of Orange's order, and examined at' Am-
fterdam, faid boldly, that the burghersof Am-

flerdam had a right to trade

where: that

¦ ,w every
he could name a hundred that were factors for
the merchants at Antwerp, and that he was one.
That trade cannot be interrupted, and that for
; his part he was very free to own, that if to get
• any thing by trade it was neceffary to pafs thro*
1 Hell, he would venture to burn his fails.'*
When this principle, fo common to merchants,
is confidered, and that fome in this place have'
got eftates by trading many years to Canada, it
is not to be wondered, that they have acted as
factors for Canada in this affair, and that they
have tranfmitted fuch accounts to their corres
pondents in London, as are confident with the
truft repofed in them by the merchants of Canada.
4 In the laft place, we are humbly of opinion*
that it may be proper~to print the petition of
1 ¦ 4 the

NEW YORK.
* the merchants of London, and their allegations'
-* before the lords of trade, together with the an- •
' fwers your committee has 'made hitherto, in vin-
* dication of the legiflature of this prov,nce, of
* which we have the honour to be a part, if your
* excellency fhall approve of our anfwes ; that
* what we have faid may be expofed to the exami-
, * nation of every one in this place, wlere the
,' truth of the matters of fact is beft knoyn, and
* that the correfpondpnts of thefe merchaits may
1 have the moft publick notice to reply, if they
* fhall think it proper, or to difown, in apublick
* manner, that they are the authors of fuchj>round-
* lefs informations. All which is unanimufly and
* humbly fubmitred by
* Your Excellency's
4 Moft obedient humble Sevants,
c R. Walter, ' Cadwallader Clden,
' Rip Van Dam, 4 James Alexaner,
* John Barbarie, 4 Abraham Van lorne.*
* Fr. Harrifon,
Governor Burnet tranfmitted this reponto the
fcoard of trade, and it had the intendedeffect.
About the latter end of the year 1724, anunfor-
tunate difpute commenced in the French hurch,
of which, becaufe it had no fmall influencon the
publick affairs of the government, I fhallay be
fore the reader a fhort account.
The perfecutions in France, which enful upon A difpnte r«
the revocation of the edict of Nantz, dr/e the proteftant
proteftant fubjects of Louis XIV. into -ie ter- church at New-
— . - r 1 - * er r 1 a j York, concern*
ritones of other princes. Many of thn fled ing the re.
even into this province ; the moft opulenifettied mov*[ »-' °"*
in the city of New- York, others went to thefterS.e'rIBin'*
country and planted New Rochelle, and a wlcr.t- td

221

w THE HISTORY OJ
ed thenfelves at the New Paltz in Ulfter county."
I'hofe who refided in New York foon erected a
church upon the principles and model of that in'
Genev;-, and by their growth and foreign accef-
fions, ormed a congregation, for numbers and
riches, fuperior to all but the Dutch. They had
two iniiifters -, Rod, the firft called, was a man
of leaning, but prodd, pleafurable, and paffion-
ate. Moulinaars, his colleague, was moft diftin-
guifhet for his pacifick fpirit, dull parts, and un-
blamealg life and converfation. Rou defpifed his
fellow abourer, and for a long time commanded
the wble congregation, by the fuperiority of his
talentsfor the pulpit. The other, impatient of
repeatd affronts and open contempt, raifed a par
ty in lis favour, and this year fucceeded in the
electio of a kt of elders, difpofed to humble the
delinqent. Rou being fofpicious of the defign,
refufec to acknowledge them duly elected* In-
cer.fedat this conduct, they entered an act in. their
jminuts, difmiffing him from the pallotal charge
of thchurch, and procured a ratification of the
act uder the hands of the majority of the people.
Goveior Burnet had, long before this time, ad-
mitte Rou into his familiarity, on the fcdre of his
learnigj and that confideration encouraged a pe-
titiono him, from Rou's adherents, complaining
again the elders. The matter was then referred
to a cmmittee of the council, who adyifed that
the cogregation fhould be admonifhed, to bring
their ifferences to an amicable conclufion.' Some
overtres, to that end, were attempted ; and the
eldersoffered to fubmit the controverfy to the,
Dutclminifters. But Rou, who knew that the
Frenc church, in this country, without a fynod
was mrganized, and could not reftrain him, chofe'
rathero bring his bill in chancery before the go-»
verno Mrs>

%N E W YORK.
Mr. Alexander was his council, and Mr. Smith,
* a young lawyer, of the firft reputation as" a
fpeaker, : appeared for the elders. He pleaded to
the jurifdiction of the court, infilling, that the
mafter was entirely ecclefiaftical, and, in the pro
fecution of his argument, entered largely into an
examination of the government of the proteftant
phurches in France. According to which, he
Ihewed that the confiftory were the proper judges
of the point in difpute, in the firft inftance; and
that from thence an appeal lay to a collogue, next
to a provincial, and laft of all to a national fynod.
Mr. Burnet neverthelefs over-ruled the plea, and
the defendants, being fearful of a decree, that
might expofe their own eftates to the payment of
Rou's falary, thought it advifeabie to drop their
debates, reinftate the minifter, and leave the church.
All thofe who oppofed Rou were difobliged with
the governor ; among thefe Mr. De Lancey was
the moft confiderable for his wealth and popu
lar influence. He was very rigid in his religious
profeffion, one of the firft builders, and by far the
moft generous benefactor, of the French church,
and therefore left it with the utmoft reluctance.
Mr. Burnet, before this time, had confidered him
as his enemy, becaufe he had oppofed the prohi
bition of the French trade; and this led him into
a ftep, which, as it was a perfonai indignity, Mr.
De Lancey could never recollect without refent
ment. This gentleman was returned for the city
of New- York, in the room of a deceafed member,
at the meeting of the aflembly in September 1725.
When he offered himfelf for the oaths, Mr. Bur-
jiet afked him how he became a fubject ofthe
* Thefe gentlemen came into the colony in the fame Ihip
in 1715. The latter was born at Newport Pagnel,in Buck-
inghammire. They were among the principal agents >in the
political ftruggles during the administration of colonel Cofby.
crown ?

ZJ3

T H E HISTORY OF
ffowri ? he arifwered, that he was denized in Engj-
land, and his excellency difmiffed him,- taking
time to confider the matter. Mr. De Lancey thert
laid before the Houfe an act of a notary publick^
certifying that he was named in a patent of Deni
zation, granted in the reign of James the fecond.
—A patent of the fame kind, under the great feal
of this province, in .1686 — And two , certificates^
one of his having taken the bath of allegiance, ac
cording to an act paffed here in 1683, and another
of his. ferving in feveral former affemblies. The
governor, in the mean time,' confulted the chief
juftice, and tranfmitted his opinion * to the Houfe,-
who refolved in favour of Mr. De Lancey. Seve
ral other new reprefentatives came in, at this feffion,
upon the deceaie of the old members ; and Adolph
Philipfe, who was fome time before difmiffed from
the council board,- was elected into the fpeaker's
chair, in the abfence of Mr. Livingfton. The
majority, however, continued in the intereft . of
the governor ; and contented to the revival of the
feveral acts, which had been paffed for prohibiting?
the French trade ; which, in fpite of all the re-
ftraints laid upon it, was clandeftinely carried ort
increafeof the by the people of Albany. Ofwego, neverthelefs,'
6fwego.eaC grew confiderable for its commerce: fifty-feven
1 canoes went there this fummer, and returned with'
{even hundred and thirty-eight packs of beaver1
and deer fkins.
Nothing could more naturally excite the jealoufy
of the French, than the erection ofthe new tra
ding houfe at the mouth ofthe Onandaga river.
Fearful of lofing a profitable trade,- which they
* What colonel Morris's opinion was, I have not been abte
to difcover. Governor Burnet's conduft was thought to.be;
uneonftitutional, and an invafion of the rights of the affem
bly, who claim the exclufive privilege of determining the qua-
I ficaticns of their own, members;

N E W Y O R K. 32S
had almoft entirely engroffed, and the command
pf the lake Ontario, they launched two veffels in
it in 1726, and tranfported materials, for building a
large ftore-houfe, and repairing the fort at Niagara, The French
The fcheme was not only to fecure to themfelves rePair lhefort
the entrance into the weft end cf the lake, as they at Niasara*
already had the eaft, by the fraudulent erection of
fort Frontenac, many years before; but alfo to'
carry their trade more weflerly, and thus render
Ofwego ufelefs, by fhortening the travels of the
wefternTndians, near two hundred miles. Barori
De Longueil, who had the chief command in
Canada, on the death of the marquis de Vau-
dreuil in October 1725, was fo intent, upon this7
project, that he went, in perfon, to the Onondago
canton, for leave to raife the flore'-houfe at Nia-
, gara : and as thofe Indians were moft of all expo-
fed to the intrigues of the jtfuits, who conflantly
refided amongft them ; he prevailed upon them
by fraud, and falfe reprefentations, to confent to
it, for their protection againft the Englifh. But
as, foon as this matter was made known to the other
nations, they declared the permiffion granted by
the Onondagas to be abfolutely void ; and fent
deputies to Niagara, with a meffage, fignifying
that the country in which they were at work, be
longed folely to the Sennecas ; and required them The Fiv(,- Na>
immediately to defift. The French, notwithftand- tions require
ing, were regardlefs of the embaffage, and pufhed them t0 defift-
On their enterprife with all poffible difpatch, while
Joncaire exerted all his addrefs among the Indians, intrii,„es of
to prevent the demolition ofthe works. Canada Mr. joncaire
was very much indebted to the intffant intrigues ll^i"^ de«
of this man. He had been adopted by the Sen- milium; th«
hecas, and was well efteemed by the Onondac;as. ort"
He fpoke the Indian language as Charlevoix in
forms us, " avec la plus fublime eloquence Iro-
" quoife," and had lived amongft them, after their

226

THE HISTORY OP
manner, from the beginning of queen Anne*S
reign. All thefe advantages he improved for the
intereft of his country ; he facilitated the miffiona-
ries in their progrefs through the cantons, and
more than any man contributed to render their de
pendence upon the Englifh, \veak and precarious.
Convinced of this, colonel Schuyler urged the In
dians, at his treaty with them, in 17 19, to drive
Joncaire out of their country, but his endeavours
were fruitlefs *.
The jefuit Charlevoix does honour to Mr. Bur
net, in declaring that he left no flone unturned,
to, defeat the French defigns at Niagara. Nor is
it much to be wondered at. For befides fupplaht-
ing his favourite trade at OfwegO, it tended to the
defection of the Five Nations; and in cafe oi a
rupture, expofed the frontiers of our fbuthern colo
nies tb the ravages of the French and their allies.
Mr. Bufnef, upon whom thefe confiderations made
the deepeft imipreffion, laid the matter before the
houfe, Sremonttrated againft the proceedings to
Longuiel in Canada, wrote to the miniftry in Eng
land, who complained of them to the French court,
a conference and met the confederates at Albany, endeavour-
with the Five }no. to convince them of the danger they them-
Nations at Al- r ,° , , , r /• • • ',•/ ¦
t»ny. felves would be in, from an alpiring, ambitious,
neighbour. He fpoke firft about the affair pri
vately to the Sachems, and afterwards, in the pub
lick conference, informed them of all the incfoach*
ments which the French had made upon their
fathers, and the ill ufage they had met with, ac
cording to La Potherie's account, publifhed with
the privilege of the French king, at Paris, in
* The fame thing has fince been frequently laboured, but
to no purpofe; His fon continued the courfe of intrigues be
gun by the father, till general Shirley, while he was at Of
wego in 4755, prevailed upon the Sennecas to order him to
Canada. 1722.

NEW YORK.
1722: He then reminded them ofthe kind treat
ment they had received from the Englifh, who
Conftantly fed and cloathed them, and never at
tempted any act of hoftilities to their prejudice.
This fpeech was ^ extremely well drawn, the
thoughts being conceived in ftrong figures, parti
cularly exp'reffive and agreeable to the Indians.
The governor required an explicit declaration of
their fentiments.i concerning the French tranfac
tions at Niagara, and their anfwer was truly cate
gorical. " y?e fpeak now in the name of all the
44 Six Nations, and come to you howling. This
44 is the reafon why we howl, that the governor
44 of Canada incroaches on our land and builds
44 thereon." After which they intreated him to
write to the king for fuccour. Mr. Burnet em
braced this favourable opportunity to procure
from them a deed, furrendering their country to
his majefty,'' to be protected for their ufe, and
confirming their grant in 1701, concerning which
there was only an entry in the books of the fecre-
ary for Indian affairs *. It happened very un
fortunately, that his excellency's hands were then
more weakened than ever, by the growing difaf-
fection in the houfe. The intrigues of his adver
saries, and the frequent deaths of the members,
had introduced fuch a change in the affembly, that
it was with difficulty he procured a three years
* , Befides the territories at the weft end of lake Erie, and on
the north fide of that, and the lake Ontario, which were ceded
In 1 70 1 ; the Indians now granted, for the fame purpofe, all
their habitations from Ofwego to Cayahoga river, which dif-
embogues into lake Erie, and the country extending fixty
miles from the fouthermoft banks of thofe lakes. Though the
firft furrender, through negligence, was not made by the exe
cution of a formal deed under feal ; yet as it was • tranfa&ed
With all the folemnity of a treaty, and as the fecond furrender^
confirms the firft, no intermediate poffeffion by the French
can prejudice the Britifh title derived by the ceffion in 1701.
C* 2 fopportV

227

223 THEHISTORYOF
The affembly fupport. The clamours of the people ran fo high
"nw'herlsdif- without doors for a new election, that he was
fohed by the obliged to diffolve the houfe, and foon after an-
death0fGeo.i.othei djffp]ulion enfued on the death ofthe king.
CoTernor Bur- The French, in the mean time, completed their
fo" at'ofwego works at Niagara, and Mr. Burnet, who was unable
m 1727- to do any thing elfe, erected a fort, in 1727, for
the protection cf the poll and trade at Ofwego.
This neceffary undertaking was pregnant with the
moft important confequences, not only to this,
but all our colonies ; and though the governor's
feafonable activity, deferved the higheft teflimb-
nials of our gratitude, I am afhamed to confefs,
what I am bound to relate, that he built the fort
at his private expence, and that a balance of about
56 1. principal, though frequently demanded, re
mains due to his eflate to this very day.
Beauharnois, the governor of Canada, who fu-
perftded Longuiel, was fo incenfed at the build
ing of the fort, that he fent a written fummons, in
July, to the officer potted there, to abandon it;
and though his predeceffor had done the fame, a
little before, at Niagara, in the county ofthe Sen
necas, the acknowledged fubjects of the Britifh
crown *, yet, with a fingular effrontery, he dif-
patched De la Chaffaigne, a man of parts, and
governor
* Though the fovereignty over the Five Nations was ceded
to Great Britain, and Charlevoix himfelf had acknowledged
that Miagara was part of their country, yet the pious jefuit
applauds the French fettlement there, which was fo manifeft
au infradion ofthe treaty of Utrecht. The Marquis De Non
ville, in his letter to the court of France in 1686, propofed
the ereftion of a fort there, to fecure the communication with
the lakes, and deprive us of a trade which he computed to be
worth 40,000 Francs per annum. Charlevoix, perhaps, con
fidered thefe advantages fufficient to juftify the violation of -
publick faith ; reafoning upon the principles of Le Chevalier
de Calliers, who thought the legality of making a conqueft of
New York, during the ftria peace in James lid's reign, might
be inferred from the benefit, that would, thereby, accrue to
the

in as
1727.

N E W Y O R K. 229
governor of Trois Rivieres, to New- York, with
the ftrongeft complaints to Mr. Burnet upon that
head. His excellency fent him a polite, but refo-
lute anfwer, on the 8th of Auguft ; in which he
refuted the arguments urged by the French gover
nor general; and remonttrated againft' the pro
ceedings, of the laft year, at Niagara.
The new affembly met in September, 1727, and a new a(rLm-
confifted of members all ill affected to the go- h[J\
vernor. The long continuance of the laft, the
clamours which were excited by feveral late im
portant decrees in chancery, the affair ofthe French
chtirch, and efpecially the prohibiting the Canada
trade, were the caufes to which the lofs of his in
tereft is to be afcribed. Mr. Philipfe, thefpeaker,
was piqued at a decree in chancery againft himfelf,
which very much affected hiseftate; no wonder then
that the members, who were very much influenced
by him, came, on the 25th of November, into the
following refolutions. Colonel Hicks, from the Rsr0TUfj0
committee of grievances, reported, " That as s«nftthecour|!
*> well by the complaints of feveral people, as by °
44 the general cry of his majefty's fubjects inhabi-
4,1 ting this colony, they find that the court of chan-
44 eery, as lately affumed to be fet up here, ren-
44 ders the liberties and properties of the faid fub-
44 jects extremely precarious ; and that by the vio-
" lent meafures taken in, and allowed by it, lome
44 have been ruined, others obliged to abandon
44 the colony, and many rettrained in it, either by
44 imprifpnment or by exceffive bail exacted from
44 them not to depart, even when no manner of
44 fuits are depending againlt them : and th^re-
44 fore are of opinion, that the extraordinary pro-
the French colony, " que il n'y ayoit point d'autre voye pour ,
«' conferver la Colonie, que de nous rendre n.aitres da la
•' Nouvelle York i 3c que cells con^uete eloit legitime par la
" neceflke." Q 3 ceedings

ions a-

*3<?

THE HISTORY OF
«' ceedings of that court, and the exorbitant fees
*4 and charges, countenanced to be exacted by the
44 officers and practitioners thereof, are the great-
44 eft grievance and oppreffion this colony hath
44 ever felt : and that for removing the fatal coh-
*' fequehces thereof, they had come to feveral re-
" folutions, which being read, were approved by
44 the houfe, and are as follow :
44 Refolved, that the erecting or exercifing, in
44 this colony, a court of equity or chancery (how-
44 ever it may be termed) without confent in ge-
44 neral affembly, is unwarrantable, and contrary
*4 to the laws of England, and a manifeft oppref-
44 fion and grievance to the fubjects, and of perni-
" cious confequence to their liberties and pro-
44 perties.
44 Refolved, that this houfe, will at their next
*' meeting prepare, and pafs, an act to declare and
" adjudge all orders, ordinances, devices, and
44 proceedings, of the court, fo affumed to be
44 erected and exercifed as abovementioned, to be
44 illegal, null, and void, as by law and right they
44 ought to be.
44 Refolved, that this houfe, at the fame times
44 will take into confidefation, whether it be ne-
44 ceffary, to eftablifh a court of equity or chan-
44 eery in this colony ; in whom the jurifdiction
44 thereof ought to be vefted, and how far the
44 powers of it fhall be prefcribed and limited."
ffiffdve^Tjie01 Mr- Burnet no fo°ner heard of thefe votes, than
affembly. he called the members before him, and diffolved
thfifelTthe^6 affembly- They occafioned, however, an or-
court of chan- dinahce in the fpring following, as well to remedy
*"?• fondry abufes in the pra&ice in chancery, as to re
duce the fees of that court, which, on account of
the popular clamours, were fo much diminifhed,
that the wheels of the chancery, have ever fince
rufted

N E W Y O R K. 231
rufted upon their axes, the practice being con
temned by all gentlemen of eminence in the pro
feffion. We are now'come to the clofe of Mr. Burnet's °°ty1eer"°ers^"
adminiftration, when he was appointed to the chief prorince.
command of the Maffachufet's Bay. Though we
never had a governor, to whom the colony is fo
much' indebted as to him -, yet the influence of a
faction, in. the judgment of fome, rendered his re
moval neceffary for the publick tranquillity. In-
fenfible of his merit, the undiftinguithing multi
tude were taught to confider it as a moft fortunate
event ; and till the ambitious defigns of the French
king, with refpect to America, awakened our at
tention to the general welfare, Mr. Burnet's ad
miniftration was as little efteemed, as that of the
meaneft of his predeceffors.
He was very fond of New- York, and left it
with reluctance. His marriage here connected him
with a numerous family, and, befides an univer-
fal acquaintance, there were fome gentlemen, with
whom be contracted a ftrict intimacy and friend-
ihip. The exceffive love of money, adifeafe common
fo all his predeceffors, and to fome who fucceeded
him, was a vice, from which he was entirely free.
He fold no offices, no rattempted to raife a fortune
by indirect means ; for he lived generoufiy, and
carried fcarce any thing away with him, but his
books. Thefe and the converfation of men of
letters, were to him inexhauftible fources of delight.
His attronomical obfervations have been ufeful ;
but by his comment on the Apocalypfe, he expofed
himfelf, as other learned men have before him, to
the criticifms of thofe who have not abilities to
write half fo well. „ , ... ,.
John Montgomery, Efq. received the great leal gon,;ri, isa.r
of this province from Mr. Burnet, on the 15th oiV^-' "^
Q_4 April,- i"Tj'z*/

?32

THE HIS TO R Y OF
April, 1728, having a commiffion to fuperfede
him here and in New Jerfey. The council board
confuted of ¦¦¦/'
Mr. Walters, Mr. Alexander,
Mr. Van Dam, Mr. Morris, junJ
Mr, Barharie, Mr. Van Home,"
Mr. Clarke, Mr. Provoft,
Mr. Harrifon, Mr. Livingfton,
Dr. Colden, Mr. Kennedy.
The governor was a Scotch gentleman, and bred
a foldier; but, in the latter part of his life, he
had little . concern with arms, having ferved as
groom of the bed-chamber to his prefent majefty,
before his acceffion to the throne*. This ftation,
and a feat he had in parliament, paved the way to
his preferment in America. In his talents for go
vernment he was much inferior to his predeceffor,
for he had neither ftrength nor acutenefs of parts,
and was but little acquainted with any kind of
literature. As in the natural, fo in the political world, a
violent florm is often immediately fucceeded by a
peaceful calm ; tired by the mutual ftruggles of
party rage, every man now ceafed to act under its
influence. The governor's good humour too ex-
tinguifhed the flames of contention, for being un
able to plan, he had no particular fcheme to pur-
foe ; and thus by confining himfelf to the exercife
of the common acts of government, our publick
affairs flowed on in a peaceful, uninterrupted,
ftream. The reader will, for this reafon, find none of
thofe events in Col. Montgofnerie's fhort admini
ftration, which only take rife under the fuperin-
tendency of a man of extenfive views. Indeed
he devoted himfelf fo much to his eafe, that he
has

NEW YORK. 35j3
has fcarce left us any thing to perpetuate the rer
membrance of his time.
The two rocks, upon which the publick tranT
quillity was fhipwrecked in the late adminiftration,
he carefully avoided ; for he diffolved the aflem
bly, called , by his predeceffor, before they had
ever been convened ; and as to the chancery he
himfelf countenanced the clamours againft it, by
declining to fit ; till enjoined to exercTfe the office
of chancellor by fpecial orders from England.
He then obeyed the command, but not without
difcovering his reluctance; and modeftly confef-
fing to the practifers, that he thought himfelf un
qualified for the ftation. Indeed the court of chan
cery was evidently his averfion, and he never gave
a finale decree in. it, nor more than three orders ;
and thefe, both as to matter and form, were firft
fettled by the council concerned.
Mr. I'hilipfe was chofen fpeaker of the affem- a new aflem.
bly which met, on the 23d of July, and continued hI>T^ulyzi'
fitting in perfect harmony till Autumn. After his *n '
excellency had procured a five years fupport, and
feveral other laws tq his mind, of lefs confiderable
moment; he went up to Albany, and, on the 1 ft.
of October, held a treaty with the Six Nations for with thTsTx
a- renewal of the ancient covenant. He gave them Nations» oa-
great prefents, and engaged them in the defence'' *n '
of Ofwego Nothing could be more feafonable
than this interview, for the French who eyed that
important parnfon and our increafing trade there,
¦with the moil reftiefs jealoufy, prepared, early in
the fpring following, to demolifh the works. Go
vernor Burnet gave the firft intelligence of this de
fign, in a letter to colonel Montgomerie, dated at
Bolton the 31ft of March, 1729. The garrifon
was thereupon immediately reinforced by a d:tach-
ment from the independent companies -, which to
gether with the declared refolution of the Indians to

,2?4 THE HISTORY OF
to protect the fort, induced the French to defift
from the intended inyafion *.
Thus far our Indian affairs appeared to be un
der a tolerable diredion ; but thefe fair profpeets
The kin? re- were foon obfcured by the king's repealing, on the
ofeaaffembiyftS uth.of December, 1729, all the ads which Mr,
paired by go- Burnet, with fo much labour and oppofition, pro-
foTpreveUnHns cured for the prohibition of an execrable trade be-
the trade with tween Albany and Montreal. To whofe intrigues
MonFtreeai,h " this event is to be afcribed, cannot be certainly
Dec. j 1, 1 ?29. determined. But that it was pregnant with the
worft confequences, time has fufficiently evinced.
Nothing could more naturally tend to undermine
the trade at Ofwego, to advance the French com
merce at Niagara^, to alienate the Indians from
their fidelity to Great Britain, and particularly to
rivet the defection of the Caghnuagas. For thefe
refiding on the fouth fide of St. Lawrence, nearly
oppofite to Montreal, were employed by the French
as their carriers ; and thus became interefted,
againft us, by motives. of the moft prevailing na
ture. One would imagine, that after all the at
tention bellowed on this affair in the late admini
ftration, the objections againft this trading inter-
courfe with Canada, muft have been obvious to the
meaneft capacity ; and yet fo aftonifhing has beer*
our conduct, that from the time Mr. Burnet re-
* From that time, to the year 1754, this garrifon was guard
ed only by a lieutenant and five and twenty men. General
Shirley's parting from the forces deftined againft fort Du
Quefne, and proceeding with half the army to Ofwego in
1755, was extremely fortunate to our colonies; the French
being then determined and prepared to poffefs themfelves of
that pod. Befides the veffels launched there to fecure the
command of the lake, the general, before he returned to win
ter quarters, erefted two ilrong fquare forts, with baftions,
commanding as well the entrance into the Onondaga river, as
the old fort ; in the fituation of which, little regard was had
to any thing befides thepleafantnefs of the profbecl.
moved

N E W Y O R K. ?3S
moved to Bofton, it has rather been encourao-ed
than reftrained. This trade, indeed, was fubject
to duties; but that at Ofwego always was, and
ftill is, expofed to the fame incumbrance; while
the French trade, in the interval between the years
1744 and 1750, was perfectly free : and as the
duty, by the law then made, is laid only on goods
fold in the city and county of Albany, the trader
to elude the act, is, only expofed to the trouble of
tranfporting his merchandize, beyond the foant
diftrict of the city afcertained in the charter. But
how much foever our inattention to this matter
may deferve cenfure, I cannot in juftice to my
countrymen help obferving, that from the fevereft
fcrutiny I could make, our people are free from
the charge of felling ammunition to the French,
which has fo unjuftly expofed the inhabitants of
Albany, to the odium of all the colonies in New-
England*. The year 1731 was diftinguifiied only by the settlement of
complete fettlement of the difputed boundary be- ,the boundary-
1 - line t)££\Y£cn
tween this province and the colony of Connecticut, the provinces
An event, confidering the late colonizing fpirit ofS™"Jaf
and extenfive claims of the people of New-ling-: cut, in 1731.
land, of no fmall importance, and concerning
which it may be proper to give a fuccinct account.
The partition line agreed upon, in 1664, being
confidered as fraudulent, or erroneous ; a fecond
agreement, fufpended only for the king's and the
Duke's approbation, was concluded, on the 23d
Of November, 1683, between colonel Dongan and
his council, and Robert Trent, Efq. then gover
nor of Connecticut, and feveral other commif
fioners appointed by that colony. The line of parti=
* Ever fince the year 1729, the fale of arms and ammuni
tion to the French, has been exempt both from dut es and a
prohibition ; which I attribute to the confidence of the go
vernment, that the calumny is entirely groundlefs. ticn,

%rf TH E HISTORY OF
tion, then agreed to be eftablifhed, was to begin
at the mouth of Byram brook, " Where it falleth
" into the found, af a point called Lyon's Point,
*c to go as the faid river runneth, to the place where
" the common road, or wading-place, over the
" faid river is ; and from the faid road or wading-
" place, to go north north-weft into the country,
ce as far as will be eight Englifh miles from the
" aforefaid Lyon's Point ; and that a line of
5{ twelve miles, being meafured from the faid Ly-
" on's Point, according to the line or general courfe
" of the found eaftward : where' the faid twelve
" miles endeth, another line fhall be run from the
*l found, eight mile's into the country north north*
" weft, and alfo, that a fourth line he run (that
*' is to fay) from the northernmoft end of the eight
*' miles line, being the third mentioned line, which
** fourth line with the firfl mentioned line, fhall
*' be the bounds where they fhall fall to run ; and
" that from the eafternmoft end of the fourth
" mentioned line (which is to be twelve miles in
" length) a line parallel to Hudfon's river, in
" every place twenty miles diftant from Hudfon's
" river, fhall be the bounds there, between the,
" faid territories or province of New- York, and
'* the faid colony of Connecticut, fo far as Connec-
" ticut colony doth extend northwards ; that is?
" to the fouth line of the Maffachufet's colony :
" only it is provided, that in cafe the line from
" Byram brook's mouth, north north-weft eight
" miles, and the line, that is then to run twelve
" miles to the end of the third fore- mentioned
" line of eight miles, do diminifh or take away
" land, within twenty miles of Hudfon's river,
" that then fo much as is in land diminifhed of
" twenty miles of Hudfon's river thereby, fhall be
" added out of Connecticut bounds unto the line
" afore-

NEW Y O R K.
%l afore-mentioned, parallel to Hudfon's river and
" twenty miles diftant from it ; the addition to be
" made the whole length of the faid parallel line*
" and in fuch breadth, as will make up, quantity
*' for quantity, what fhall be diminifhed as afore-
•' faid."
Purfuant to this agreement fome of the lines
were actually ran out, and a report made of the
furvey, which, on the 24th of February, 1684,
was confirmed by the governor of each colony ac
Milford in Connecticut. Here the matter refled,
till a difpute arofe concerning the right of jurif-
diction over the towns of Rye and Bedford, which
occafioned a folicitation at home ; and on the 2Sth
of March, 1700, king William was pleafed to
confirm the agreement in 1683.
Nineteen years afterwards, a probationary act
was paffed, empowering the governor to appoint
commiffioners, as well to run the line parallel to
Hudfon's river, as to re-furvey the other lines and
diftinguifh the boundary. The Connecticut agent
oppofed the king's confirmation of this act totis
viribus, but it was approved on the 23d of Ja
nuary, 1723. Two years after, the commiffioners
and furveyors of both colonies met at Greenwich,
and entered firft into an agreement, relating to the
method of performing the work.
The furvey was immediately after executed in
part, the report being dated on the 12th of May,
1725 ; but the complete fettlement was not made
till the 14th of May, 1731, when indentures,
certifying the execution of the agreement in 1725,
were mutually figned by the commiffioners and fur
veyors of both colonies. Upon the eftablifhment Atraftofiand
of this partition, a tract' of land lying on the Con- "lled t,,e °b-
* . r,~, m- ci P lonK- ls ceded
necticut fide, confuting ot above 60,000 acres, to the prorince
from its figure called the Oblong, was ceded to of New-York.
New-

237

£38 ,. THE' HISTORY OP
iSTew-York, as an equivalent for Jands near the
Sound furrendered to Connecticut*.
The very day after the furrender, made by that
colony, a patent paffed in London to Sir Jofeph
Eyles and others, intended to convey the whole
Oblong.. A grant pofterior to the other was alfo.
regularly made here, to Hauley and company, of
the greateft part of the fame tract, which the Bri
tifh patentees brought a bill in chancery to repeal.
But the defendants filed an anfwer, containing fo'
rrrany objections againft the Englifh patent, that the
fuit remains ftill unprofecuted, and the American
proprietors have ever fince held the poffeffion. Mr.
Harifon, of the council, folicited this controverfy
for Sir Jofeph Eyles and his partners, which con
tributed, in a great degree, to the troubles, fo re
markable, in a fuCceeding adminiftration..
i>eathof go- Governor Montgomeriedied on the ill of July,'
lomeriefin"'" I?3I ' *nd beinS a mati of a kiPd and humane
juiy, 1731. difpofition, his death was not. a little 'lamented.
The chief command then devolved upon Rip Van
Dam, Efq. he being the oldeft counfellor, and ah
eminent merchant of a fair eftate, though diftin
guifiied more for the integrity of his heart, than
Mr. Van his capacity to hold the reins of government. He
Dam's admini- took the oaths before
Mr. Alexander, Mr. De Lancey f, and"
Mr. Van Home, Mr. Courtlandt.
Mr. Kennedy.
The French This ad miniftratibn is unfortunately fignalized by5
erea a fort at the memorable encroachment at Crown Point.'
Crown Foint
in I 7 3 I . „ See Douglas's late plan of the Britifh dominions of New-
England. f 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, junior, was
fufpended on the fame day, for words dropped in a difpute re
lating to the governor's draughts upon the revenue.
An'

NEW YORK. 339
"An enemy, defpifed at firft for his weaknefs, ge«
neralfy grows formidable for his activity and craft.
This obfervation is true, applied to private per
fons, religious feels, or publick Hates. The French
in Canada, have always been jealous of the in-
creafing ftrength of our colonies ; and a motive of
fear led them, naturally, to concert a regular fyf-
tem of conduct for their defence. Confining us
to fcant limits along the fea coaft, is the grand
objects they have long had in view ; and feizing
the important paffes from Canada to Louifania, fe-
duCing our Indian allies, engroffing the trade, and
fortifying the routes into their country, were all
proper expedients towards the execution of their
plan. By erecting fort St. Frederick, they fecured
the abfolute command of lake Champlain, thro'
which we muft pafs, if ever a defcent be made
upon Canada, either to conquer the country, or
harrafs its out-fettlerftents. The garrifon was, at
firft, fituated on the eaft fide of the lake, near the
fouth end ; but was afterwards built upon a com
modious point on the oppofite fide. Of all their
infractions of the treaty of Utrecht, none was
more palpable than this. The country belonged ;n. b;
to the Six Nations, and the very fpot, upon which
the fort ftands, is included within a patent, to
Dellius the Dutch minifter of Albany, granted
tinder the great feal of this province in 1696. Be
fides, nothing could be more evident than the
danger to which it expofed us. Through this lake
the French parties made their ancient bloody in-
curfions upon Schenectady, the Mohawks caftles,
and Deerfield ; and the erection of this fort was
apparently adapted, to facilitate the inroads of the
enemy, upon the frontiers of the colonies of New-
York, Maffachufet's-Bay, and' New-Hampfhire.
For it ferved not only as an afylum to fly to, after
she perpetration of their inhumanities, but for a

magazine

*4<y THE HISTORY OF
magazine of provifions and ammunition ; and tho? '
it was not much above 120 miles from the very
city of Albany, yet by the conveyance through
Sorel river and the lake, it may be reinforced from
Montreal in three or four days *. ,
The Maffachufet's government forefaw the dan
gerous confequences of the French fort at Crown
Point, and governor Belcher gave us the firft in
formation of it, in a letter from, Bofton to Mr.
Van Dam. He informed him of the vote of the
general court, to bear their proportion of the
charge of an embaflage to Canada, to forbid the.
works,, and preffed him to engage the. oppofition
of the Six Nations. Van Dam. laid the letter be
fore his council, on the 4th of February, 1732 ;
¦who, with lingular ealmnefs, advifed him to write
to the commiffioners of Indian affairs, at Albany,'
ordering them to enquire,- whether the land be
longed to the confederates or the river Indians,
That Mr. Van Dam ever wrote to the commif
fioners, I have not been able to difcover; nor
¦whether any complaint of the encroachment was
fent home, according to thefecond advice of coun
cil on the nth of February; who, befides the firft
ftep, were now pleafed to recommend his tranf-
mitting governor Belcher's letter and the Bofton'
vote to the feveral fouth-weftern colonies.
The paffivenefs we difcovered, on this impuV
dent and dangerous invafion of his majefty's rights,1
is truly aftonifhing ; and the more fo, as the crowri1
* The prefent fort at Crown Point is faid to be a fquare
with four baftions, and a high caftle within the wdlte. It has'
no ditch, but is ftrengthened by a redoubt, and, mounts, fix
and thirty fmall cannon. While the colony forces, confifting;'
of about 4000 militia, lay at lake George, employed in erect
ing fort William Henry in 1755, the French threw up an ad
vanced work at Tieononderoge, near the north-eaft end of lake1
George: an important pafs about 16 miles to the fouthward'
<irf fort Frederick: had'y>

N E' W YORK. z4t
had, at that time, four independent companies,'
which had long been polled here for our protec
tion, at the annual expence of about 7500 1. fter-
ling. A ;very good fcheme, in fome meafurer to
repair, this fhameful difcpnduct, was afterwards
projected, by fettling the lands near lake George,.
with loyal proteftant Highlanders from Scotland.
Captain Laughlin Carnpbel, encouraged by a pro- Captain Camp-
clamation to that purpofe, came over in 1737, and be" fcnde*- .
.r * i 1 • ' tt ' J/' vours to fettle
ample promifes were made to him. He went up- fome lands
on the land, viewed and^approved it; and was ^ea0rrIaek^ith
entreated to fettle there, even by the Indians, who scottim High-
were taken with his Highland drefs. Mr. Clarke, landers-
the lieutenant-governor, promifed him, in a print
ed advertifement, the grant of 30,000 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 Carnpbel went home
to Ifla, fold, his eftate, and, fhortly after, tranf-
ported, at his own expence, 83 proteftant fami
lies, confifting of 423 adults, befides a great num
ber of children. Private faith and publick ho
nour loudly demanded the fair execution of a pro
ject, fo expen five to the undertaker and beneficial
to the colony. But it unfortunately dropped, thro*
the fordid views of fome perfons in power, who' v
aimed at a fhare in the intended grant ; to which
Carnpbel, who was a man of fpirit, would not
confent. Captain Carnpbel afterwards made an attempt
to redrefs himfelf, by an application to the afTem
bly here, and then to the board of trade in Eng
land. The firft proved abortive, and fuch were
'the difficulties attending the laft, that he left his
Colonifts to themfelves; and with the poor remains
of his broken fortune purchafed a fmall farm in
this province. No man was better qualified than'
he, for the bufinefs he had engaged in. He had
R a high

z42 THE HIS' TORY OF
a high feme of honour and a good underftandings
was actiye, loyal, and of a military difpofition.
For upon the news of the late rebellion in Scot
land, he went home ; fought under the duke, re
turned to his family, and foon after died ; leaving
, a widow and feveral children, who ftill feel the con
fluences of his difappointments.
Coionei Colby Mr. Van Dam finifhed his adminiftration, on'
fucceedst°thef the ill of Auguft, 1732; when William Colby,1
government of . . °. . ' ° . ,]
the province in Efq. arrived, with a commiffion, to govern this
Auguii, 173^ and the province of New-Jerfey. The hiftory of
our publick tranfactions, from this period, to the
prefent time, is full of important and entertaining
events, which I leave others to relate. A very
near relation to the author had fo great a concern
in the publick controverfies with colonel Colby i
that the hiftory of thofe times will be better re
ceived from a more difinterefted pen. To fupprefs
truth on the one hand, or exaggerate it on the
other, are both inexcufabfofaults, and perhaps it
would be difficult for Dae to avoid thofe extremes."
Befides, a writer, who expofes the conduct of the
living, will inevitably meet with their fury and re
fentment. The prudent hiftorian of his own times
will always be a coward, and never give fire, till
Death protects him from the mllice and ftroke of
his enemy.

THE

I1! E W Y O R & 343
THE
History b f
M E W-Y 0 It K.s
CHAP. I.
A Geographical Defcription of the Country i
rpHE province of New- York, at prefent;
JL contains Long Ifland, Staten Ifland, and the '
lands, on the eaft fide of Hudfon's river, to the
bounds of Connecticut. From the divifion line
between that colony and the Maffachufet's Bay,
horthward, to the line between us and the Frehchj
we claim art extent to Connecticut river *. On
the
* The grounds of this claim are contained in the following
report of a committee of council to governor Clinton, on the
id of March, 1753, which was drawn Up by Mr. Alexander.
il May it pleafe your Excellency ','
" In obedience to your excellency's order, in council, of the
•' 3d day of July laft, referring, to a committee thereof, thq
'' petitions of Robert Livingfton, jun. Efq. and of the own-
" ers of a certain tract of land called Weftenhook, com-
" plaining of new claims and encroachments made upon their
" lands by the inhabitants of the Maffachufet's Bay, and alfo
*' the furveyor-general's and the attorney-general's reports oii
•' the faid two petitions: the committee having maturely
" weighed and confidered of the fame, humbly beg leave to
" report to your excellency ;
" 1 ft, That they apprehend the claims of Maffachufet's
" Bay to the manor of Livingfton, or the faid tract of lani
" called Weftenhook, cannot be well founded ; becaufe they
" find that the Dutch claimed the colony of New Netherlands
'"« xs extending from cape Cod to cape Cornelius, now called
R i " cape

244

THE HISTORY OF
the weft fide of Hudfon's river from the fea to the
latitude of 41 ° lies Newr Jerfey. The line of par
tition
" cape Henlopen, weftward of Delaware bay, along the fea
" coaft, and as far back into the country, as any of the rivers
" within thofe limits extend'; and that they were actually
" poffeffed of Connecticut river, long before any other Eu-
" ropean 'people knew any thing of the exiftence of fuch a
" river, and were not only poffeffed of the mouth of it, where
'" they had a fort and garrilon, but difcovered the river above
'* a hundred miles up, had their people trading there, and
" purchafed of the native* almoft all the lands on both fides
" of the faid river.
*' adly, That governor Stuyvefant, the Dutch governor of
" the faid province, by his letter dated the 2d of September,
" 1664, New Stile, in anfwer to a letter from governor
" Richard Nicolls of the \% Auguft preceding, demanding
" the furrender of all the forts and places of ftrength pof-
¦" fefTed by the Dutch under his (governor Stuyvefant's) com-
" mand, writes as .follows :— «'« Moreover its without dif-
*' pute, and acknowledged by all the world, that our prede-
" ceffors, by virtue of the commiffion and patent of the faid
" lords the ftates -general, have without controul, and peace-
" ably (the contrary never coming to our knowledge) enjoyed
" fort Orange about 48 or 50 years; and Manhatans about
" 41 or 42 years ; the South River 40 years, and the Frefh.
" River about 36 years." Which laft mentioned river, the
" committee find to be the fame, that is now called Connec-
" ticut river.
" 3dly, That the faid Dutch governor Stuyvefant did, in
" the year 1664, furrender all the country, which the Dutch
¦" did then poffefs, to king Charles the Second, and that the
" ftates-general made a cefljon thereof, by the treaty of Breda,
" in the year 1667 : that the Dutch reconquered part of this
" province in 1673, and furrendered and abfolutely yielded
" it to king Charles the Second, in 1673-4, ty the treaty or"
", London ; and that in the year 1674, king Charles granted
" to the duke of York, all the land between Connecticut
" 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 commif-
" fions to major Edmund Androfs, on the ift of July, 1674,
" and to governor Dongan on the 30th of September, 16^2,
«' among other defcrirstions of the boundaries of this province,
" mentions all the land from the weft fide of Connefticut
" river to the eaft fide of Delaware bay : that their majefties, '• king

N E W Y O R K. MS .
tition between that province and this, from that
latitude to the other ftation on Delaware, is un-
fettled.
" king William and queen Mary, by their commiffion, bear-
*' ing date the 4th day of January, in the firft year of their
" majefties reign, appointed Henry Sloughter to be governor
" of the province of New-York, and territories depending
** thereon ; the boundaries whereof to Connecticut river, on
'" the eaft, were notorious, by the grant and other commif-
" fions aforefaid, and many other grants and commiffions re-
*' lating to the fame.
" 5th, That the committee apprehend Connecticut river
*' continued the eaft bounds of this province, until the 28th
" of March, 1700, when, by king William's confirmation
*' of an agreement between this province and Connecticut,
f the wpftern bounds of that colony were fettled at twenty
i' rniles fromHudfon's river: and they cannot find any other
*' alteration in the eaftern bounds of this province, and have
f no reafon to believe any other was made before, or fince,
«« that time.
" 6th, That king James the Firft, by letters patents, bear.
*' ing date the 3d of November, in the 18th year of his
*' reign, granted unto the council of Plymouth, from forty
*' to forty-eight degrees of north latitude inclufive, in which
f ' there is a recital to this purpofe.  Now for as much as
"¦ the king has been certainly given to underftand, by divers
<" good fyibjects that have for thefe many years frequented
«' thofe coafts and territories, between the degrees of 40° and
'¦' 48 °, that there are no other fubjefts of any chriflian king
«' or ftate, o,r by any authority from their fovereigns, lords, or
«' princes, actually in poffeffion of any the faid lands or pre-
'.' cincts, whereby any right, claim, intereft, or title, may,
" or ought, by that means, to accrue or belong to them," &c.
" And alio a provifoe in thefe words, " Provided always,
*' that the faid lands, iflands, or any of the premiffes, by the
'* faid letters patent intended or meant to be granted, were ' ,
?' not then actually poffeffed or inhabited by any other chrif-
" tian power or ftate." Which patent, the committee con-
" ceive, could not veil: any thing in the grantees, by reafon
" of the faid recital and condition upon which it was grant-
" ed ; part of the premiffes being then actually poffeffed by
" the Dutch, and moft of the faid colony of New Nethcrland
" being within the bounds thereof.
" 7th, That the council of Plymouth, by their deed dated
" the 19th of March, in the third year of king Charier, the
" firftj granted to Sir Henry Rofl\vell and others, part of
R j " what

THE HISTORY OF
fettled. From thence, wherefoever it may be fix
ed, we claim all the lands, on the eaft fide of De
laware,
" what was fuppofed to be granted by the faid letters patent,
" which grant, from the faid council of Plymouth, the com-
" mittee take to be void, as founded upon the faid void
" patent.
" 8th, That he the faid Sir Henry Roffwell, and others,
«« obtained a grant and confirmation thereof, from the crown,
" under the great feal of England, dated the 4th of March,
" in the fourth year of king Charles the Firft, within which
" grant and confirmation, the province of Maffachufet's bay
" is included ; which grant and confirmation was adjudged
" void jn the high Court of chancery of England in the year
*' 1684. And the committee are of opinion, that nothing,
•' to the weftward of Connecticut riyer, could pafs by thai:
«' grant and confirmation ; for that his majefty could no$
" have had an intention to grant the fame, it being then pof»
" feffed by the Dutch, as before-mentioned.
" 9th, That the committee conceive the inhabitants of
«* Maffachufet's bay can claim nothing at prefent, but what
" is granted them, by their laft charter in 16913 all their
" other grants and charters being either void of themfelves,
" Or declared fo in the chancery of England.
" 10th, That the bounds granted, by this charter, are
" weftward as far as the colonies of Rhode Ifland, Connec-
" ticut, and the Narraganfet country : which words being in.
-" the cafe of a grant from the crown, the committee conceive,
" cannot extend their bounds farther than to Connecticut co-
" lony, and therefore not to Connecticut river, and much lefs
" to the weftward of it ; becaufe Connecticut itfelf, 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, when, by the royal approbation, the agree-
" 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 againft reafon, to fnp-
" pofe that the crown intended, by the faid charter, to grant
" any part of the province of New- York, 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'
** within his jurifdiction by their majefties commiffion afore-
{' faid to him.' " nth.

NEW YORK.
laware, tothe north lineof Pennfylvania; and all
the territory, on both fides of the Mohawks river,
" i ith,' That both the patents, under which the petitioners
" claim, the committee find were granted under the great
" feal of this province ; that of the manor of Livingfton in
" 1686, and that of Weftenhook an 5735. And that the
" lands contained in the faid grants are, the committee ap»
" prehend, within the jurifdiction of this province, they be-
*' ing both weft of Connecticut river.
" 12th, That the committee are of opinion, the attempts
** of the inhabitants of the Maffachufet's bay, to make en-
" croachments upon any lands, granted by letters patent un-
*' der the great feal of New- York, or upon any lands within
" the jurifdiction of this province, are difreipectful to his
" majefty's authority, tend to the difturbance of the fubjects
f ' of this province, and may be the caufe of great mifchiefs
fc and diforders.
*' 13th, That the fteps taken by the faid inhabitants, even
" were the bounds of this province doubtful and unfettled,
*' are intrufions, and difrefpectful to his majefty's authority.
" And laftly, The committee are of opinion,, that a copy
f of fo much of this report, as fhall be approved of by your
"~ excellency and the council, be tranfmitted to the lieute-
*' nant-governor of the province of Maffachufet's bay, re-
«' quelling that he would take effectual meafures, that all en-
" croachments and difturbances, by the people of that co-
*' lony, on his majefty's fubjects of this province, be flayed ;
" and that he would lay this matter before the next general
"¦ court, that they may inform your excellency, by what war-
"¦ rant they claim or exercife any right to foil or jurifdiction,
" weftward of Connecticut river ; that the fame may be con-
" fidered, and fuch fteps taken towards removing all.caufes
*' of encroachments or difturbances for the future, as may be
?' agreeable to equity and juftice : to the end, that good un-
" derftanding may be preferved, which ought to fubfift be-
*'¦ tween fellow fubjects and neighbouring provinces.
" All which is neverthelefs humbly fubmitted,
*' By order of the Committee,
" James De Lancey, Chairman.5'
The government of the Maffachufet's bay never exhibited
the reafons of their claim, in anfwer to this report, but con
tinued their encroachments) and in the fpring, 1755' ^ur*
veyed and fold lands,, lying feveral miles weft of the eaflern
extent of the manor of Livingfton and the patent of Ua-
verack. R 4 ar.d

247

24$

THE HISTORY QF
and weftward to the Ifthmus at Niagara.; in 3
Vord, all the country belonging to the crown of
Great Britain, not already granted ; for we aire" to
conflder New-York among her filler colonies, to
borrow a law phrafe, as a refiduary legatee.
Hence we have, fror$ the beginning, been exr
pofed to controverfies about limits. The , New-
Jerfey claim includes feveral hundred thoufand
acres, and has not a little impeded the fettlement
of the colony. The difpute with the Maffachu
fet's bay is- ftill more important, and, for feveral
years pad, occafioned very confiderable commo
tions. ' The New-Hampfhire pretentions have,
as yet, expofed us to no great trouble. But
¦when all thofe claims are fettled, a new contro
verfy will probably commence with the proprieta
ries of Pennfylvania.
• This province was, in 1691, divided, by an act
of affembly, into twelve counties, winch 1 fhall
defcribe in their order.
The City and County of NEW YORK.
THE city of New- York, at firfl, included
only the ifland, called by the Indians, Man-
hatans -, Manning's ifland, the two barn iflands
and the three oyfter iflands were in the county.
But the limits of the city have fince been augment
ed by charter. The ifland is very narrow, not a
mile wide at a medium, and about 14 miles in
length. The fouth-weft point projects into a fine
fpacious bay, nine miles long and about four in
breadth -, at the confluence of the waters of Hud-
fon^s river,, and the ftreight between Long Ifland
and the northern fhore. The Narrows, at the
fouth end of the bay, is fcarce two miles wide, and
opens the ocean to full view. The paffage up to
New- York from Sandy Hook, a point that extends
fartheft into the fea, is fafe, and not above five and

N E W Y O R K, ' ?49
and twenty miles in length. The common navi
gation is between the eaft and weft banks, in two
or three and twenty feet water. But it is faid that
an eighty gun fhip may be brought up, through,
a narrow, winding, unfrequented, channel, be
tween the north end of the eaft bank and Coney
ifland. The city has, in reality, no. natural bafon or
harbour. The fhips lie off in the road, on the eaft
fide of the town, which is docked out, and bet
ter built than the weft fide, becaufe the frefhets in
Hudfon's river, fill it in fome winters with ice.
The city of New York, as I have elfewhere Number of
had occafion to mention, " confifts of about two E^wnt.
¦ " thoufand five hundred buildings. It is a mile in
" length, and not above half that in breadth.
** Such is its figure, its center of bufinefs, and
" the fituatipn of the houfes, that the mean car-
" tage from one part to another, does not exceed
" above one quarter of a mile, than which no-
" thing can be more advantageous to a trading
'* city."
It is thought 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 iflreets are irregular, but being paved
with round pebbles are clean, and lined with well
built brick houfes, many of which are covered
with tiled roofs.
No part of America is fupplied with markets Provifioni.
abounding with greater plenty and variety. We
have beer, pork, mutton, poultry, butter, wild
fowl, venifon, filh, roots, and herbs, of all kinds,
in their feafons. Our oyfters are a confiderable ar
ticle in the fupport of the poor. Their beds are
within view of the town ; a fleet of two hundred
fmall craft, are often feen there, at a time, when
the weather is mild in winter ; and this fingle ar
ticle

2-# [THE HISTORY -OF
tide is computed to be worth annually 10 of
12,000 1.
Trade, This city is the metropolis and grand mart of the
province, and, by its commodious fituation, com
mands alfo all the trade of the weftern part of
Connecticut and that of Eaft Jerfey. " No feafon .
" prevents our fhips from launching out into the
*' ocean. During the greateft feverity of win-
" ter, an equal, unreftrained, activity runs thro*
*¦' all ranks, orders, and employments."
The fort, Upon the fouth-weft point of the city ftands the
fort, which is a fquare with four baftions. Within
the walls is the houfe in which our governorsufually
refide ; and oppofite to it brick barracks, built
formerly for the independent companies. The go
vernor's houfe is in heighth three ftories, and fronts
to the weft ; having, from the fecond ftory, a fine
profpect of the bay and the Jerfey fhore. At th&
fouth end there was formerly a chapel, but this
was burnt down in the negroe confpiracy of the
fpring 1741. According to governor Burnet's ob-s
fervations, this fort ftapds in the latitude of 400
42' N.
Fortifications Below the walls of the garrifon, near the water,
we have lately raifed a line of fortifications, which
commands the entrance into the eaftern road and
the mouth of Hudfon's river. This battery is
built of ftone, and the merlons confift of cedar
joifts, filled in with earth. It mounts 92 cannon,
and thefe are all the works we have to defend us.
About fix furlongs, fouth- eaft of the fort, lies
Notten ifland, containing about 100 or 120 acres,
referved by an act of affembly as a fort of demef-
ne for the governors, upon which it is propofed to
erect a ftrong caftle, becaufe an enemy might from
thence eafily bombard the city, without being an
noyed either by our battery, or the fort. During
the late war a line of palifades was run from Hud fon's

en the river.

N E W Y O R X. , 251
fon's to the eaft river, at the other end of the city,
•with block houfes at fmall diftances. The greater
part of thefe ftill remain as a monument of our
folly, which coft the province about 8000 1.
The inhabitants of New- York are a mixed peo- inhabitants, •
pie, but moftly defcended from the original Dutch
planters. There are ftill two churches, in which churches,
religious worfhip is performed in that language.
The old building is of floqe and ill built, orna
mented within by a- fmall organ loft and brafs
branches. The new church is a high, heavy, edi
fice, has a very extenfive area, and was compleated
in 1729. It has no.galleries, and yet will perhaps
contain a thoufand or twelve hundred auditors.
The fteeple of this church affords a moft beautiful
profpect, both of the city beneath and the fur-
rounding country. The Dutch congregation is
more numerous than any other, but as the lan
guage becomes difufed, it is much diminifhed -f
and unlefs they change their worfhip into the Eng
lifh tongue, muft foon fuffer a total diffipation.
They have at prefent two minifters : the rev. mef
fieurs Ritzma and De Ronde, who are both ftrict
calvinifts. Their church was incorporated on the
Hth of May, 1696, by the name of the mini
fter, elders, and deacons, of the reformed pro
teftant, Dutch church of the city of New-York,
and its eftate, after the expiration of fundry long
leafes, will be worth a very great income *.
All the Low Dutch congregations, in this and Manner of
the province of New jerfey, worfhip after the ^S^!
manner of the reformed churches in the united e«.
provinces. With refpect to government, they are fh°;e;nmentof
' in principle prefbyterians ; but yet hold themfelves
* Their charter was confirmed by a late act of affembly
ratified by his majefty, which recites the Vlllth article of the
furrender. in 1664. in

gjs THE HISTORY OF.
in fubordination to the claffis of Amflerdam, who?
fometimes permit, and at other times refine, them,
the powers of ordination.. Some of their minify
ters confider fuch a fubjection as anti-conftkution-
al, and hence in feveral of their late annual con.r
ventions, at New-York* called the Csetus, fome
debates have arifen amongft them ; the majority
beirig inclined to erect a claffis, or ecclefiaftical
judicatory, here, for the government of their
churches. Thofe of their minifters, who are na
tives of Europe, are, in general, averfe to the pro-.
ject. The expence attending the ordination off
their candidates in Holland, and the reference of
their difputes to the claffis of Amflerdam, is very
confiderable ; and with what confluence's, the in-.
terruption of their correfpondence with the Euro
pean Dutch, would be attended, in cafe of a war,
well deferves their confideration.
Trinity church There are, befides the Dutch, two epifcopal
churches in this city, upon the plan of the efta-
blifhed church in South Britain. Trinity church
was built in 1696, and afterwards enlarged in,
1737. It ftands very pleafantly upon the banks.
of Hudfon's river, and has a large cemetery, on
each fide, inclofed in the front by a painted paled
fence. Before it a long walk is railed off from the
broad-way, the pleafariteft ftreet of any in the
whole town. This building is about 148 feet longx '
including the tower and chancel, and 72 feet in
breadth. The fteeple is 175 feet in height, and,
over the door facing the river is the following in-?
fcription.
PER A N G U S T A M.
" Hoc trinitatis templum fundatum eft anno
" regni illuftriffimi, fupremi, Domini Gulielmi
" teitii, Dei gratia, Anglias, Scotise, Francise et
" Tlibernise

Mew y o H.
Xi Hibernia: regis, fidei defenforis, 6cc. octave*,
" annoqj Domini 1696.
" Ac voluntaria quorundam coritributione ac
*' donis sedificatum, maxime autem, dilecti regis
" chiliarcha; Benjamini Fletcher, hujus provincial
" ftrataeci& irhperatoris,munificentiaanimatum ec
" aucfum, cujus tempore moderaminis, hujus ci-
" vitatis incolae, religionem proteftantem ecclefias
" Anglicanse, ut fecundum legem nunc ftabilitas
" profitentes, quodam diplomats, fub figillo pro-
" vincias incorporati funt, atque alias plurimas,
" ex re fua familiari, donationes notabiles eidenfi
L" dedit."
The church is, within, ornamented beyond any
other place of publick worfhip amongft us. The
head of the chancel is adorned with an altar-piece,
and oppofite to it, at the other end of the building,
is the organ. The tops of the pillars, which fup
port the galleries, are decked with the gilt bufis
of angels winged. From the cieling are fufpended
two glafs branches, and on the walls hang the arms
of fome of its principal benefactors. The allies
are paved with flat ftones.
The prefent rector of this church is the rev. Mr.
Henry Barclay, formerly a miffionary among the
Mohawks, who receives a 100 1. a year, levied
upon all the other clergy and laity in the city, by
virtue of an act of afTembly procured by governor
Fletcher. He is affifted by Dr. Johnfon and Mr.
Auchmuty. This congregation, partly by the arrival of
ftrangers from Europe, but principally by 'profe-
, lytes from the Dutch churches, is become fo nu
merous, that though the old building will contain
2000 hearers, yet a new one was erected in 1752.
This, called St. George's chapel, * is a very neat ^ee,°rse's
* The length, exclufive of the chancel, 92 fee:, and its
breadth 20 feet lefs, edifice,

<*S3

*s*

THE HISTORY of
edifice, faced with hewn ftbne and tiled. The
fteeple is lofty *, but irregular, and" its fituatiori
in a new, crowded* and ill- built, part Of the'
town. - ,
The rector, churchwardens, and vefttymeri of
trinity church, are incorporated by an act of af
fembly, which grants the two laft the advowfoh or'
right of prefentation •,- but enacts*- that the rector
fhall be inflituted and inducted in a manner moft
agreeable to the king's inftructions to the gover
nor, and the canonical right of the bifhop of Lon
don. Their worfhip is conducted after the mode
of the church of England ; and with refpect to
government, they are empowered to make rules
and orders for themfelves, being, if I may ufe
the expreflioni an independent, ecclefiaftical, cor
poration. The revenue of this church is reftf idled, by an
act of afTembly, to 500 1. per annum ; butit is pof
feffed of a real eftate, at the north end Ofthe
town, which having been lately divided into lotst
and let to farm, will, in a few years* produce a
much greater income.
Thepre&y- The prefbyterians increafing after lord Corn-
leiiani. bury's return to England, called Mr. Anderfon,>
a Scotch minifter, to the paftoral charge of their
congregation ; and Dr. John Nicol, Patrick Mac
Night, Gilbert Livingfton, and Thomas Smith,-
purchafed a piece of ground, and founded a church;
in 1 7 19. Two years afterwards they petitioned
colonel Schuyler, who had then the chief com
mand, for a charter of incorporation, to fecure
their eftate for religious worfhip, upon the plan of
the church in North-Britain ; but were difappoint-
ed in their expectations, through the oppofition of
the epifcopal party. They, fhortly after, renewed'
their requeft to governor Burnet, who referred the*
* One hundred and feventy-five feet-. petition1

N- E W V 0 R E. i$$
petition to his council. The epifcopalians agairi
violently oppofed the grant, and the governor, in
1724, wrote upon the fubjeet to the lords of trade
for their direction. Counfellor Weft, who was
then confulted, gave his opinion in thefe words :
ce Upon confideration of the feveral acts of uni*
" formity that have pafled in Great-Britain, I am
«' of opinion that they do not extend to New-
«« York, and confequently an act of toleration is
" of no ufe in that province; and, therefore, as
" there is no provincial act for uniformity, ac-
" cording to the church of England, I am of
" opinion, that by law fuch patent of incorpora-
" tion may be granted, as by the petition is de-
«« fired. Richard Weft, 20 Auguft, 1724."
After feveral years felicitation for a charter in
vain, and fearful that thofe who obftructed fuch a
reafonable requeft, would, watch an opportunity
to give them a more effectual wound; thofe,
among the prefbyterians, who were invefted with
the fee-fimple of the Church and ground, " con
s' veyed it, on the 16th of March, 1730, to the
tc moderator of the general afTembly ofthe church
«' of Scotland and the commiffion thereof, the
" moderator of the prefbytery of Edinburgh, the
" principal of the college of Edinburgh, the pro-
" feffor of divinity therein, and the procurator
<c and agent of the church of Scotland, for the
" time being, and their fuccefibrs in office, as a
** committee of the general afTembly. On the
" 15th of Auguft 1732, the church of Scotland,
" by an inftrument under the feal of the general
" affembly," and figned by Mr. Niel Campbell,
principal of the univerfity of Glafgow, and mode
rator of the general affembly and commiffion there
of; Mr. James Nefbit, one of the minifters of
the gofpel at Edinburgh, moderator of the pref
bytery

«SS THE HISTORY OF
b'ytery of Edinburgh •, Mr. William Hamilton^'
principal of the univerfity of Edinburgh; Mr.
James Smith, profeffor of divinity therein; anrj
Mr. William Grant, advocate procurator for the .
church of Scotland, for the time being ; purfuant
to an act of the general affembly, dated the 8th of
May, 1 73 1, did declare, " That notwithftand-',
" ing the aforefaid right made to them and
" their fueceffors. in office, they were defirous,''
" that the aforefaid building and edifice .and ap-
*' purtenances thereof, be preferved for the pious'
*' and religious purpofes for which the fame, were
" defigned ; and that it fhould be free, and law-
.^' ful to the prefbyterians then refiding* or. that
'.' fhould at any time thereafter, be refident, in, or
" near, the aforefaid city of New- York,- in Ame-"
" rica, or others joining with them, to convene*
*' in the aforefaid churchy for the worfhip of God
" in all the parts thereof,' and for the difpenfa-
" tion of all gofpel ordinances ; and generally to'
" ufe and occupy the faid church and its appur-
" tenances,' fully and freely in all times coming^
*' they fupporting and maintaining the edifice and
?' appurtenances; at their own charge." , ,
Mr. Anderfon was fucceeded, in April 1727^
by the rev. Mr. Ebenezer Pemberton, a man of
polite breeding, pure morals, and warm devo
tion ; under whofe inceffant labours the congregai-
tion greatly increafed, and was enabled to erect
the prefent edifice in 1748. It is built of ftone,:
failed off from the flreet, is 80 feet long*
and in breadth 60. The fteeple, raifed on the
fouth-weft end, is in height 145 feet. In the front
to the flreet, between two long windows, is the:
following infcription gilt and cut in a black flate-
fix feet in length. Aufplcante

fr E W Y O R K.
Aufpicante Deo
Hanc iEdem
Cultui divino facrarri
In perpetuum
celebrando,
AD. MDCCXIX.
Primd fundatam ;
Denuo penitus reparatam
et
Ampliorem et ornatiorem
A.D. MDCCXLV11I
; , . Conftructam,
Neo-Eborancenfes Prefbyteriani
Iri fuum et fuorum Ufum.
Condentes,
In hac votiva Tabula
D-D-D-Q.
f 9 9 W
h ' .' Concordia,'- Amore ...
Necnon Fidel Cultus et Mqrurrr
Puritate
Suffulta, clariufq; exornata,
Annuente Chrifto,
Lbngu'm perduret in iEvumV
( Mr. Alexander Cumrriing, a young gentleman
of learning, and lingular penetration, was chofen
colleague to Mr* Pemberton, in 1750 ; but both
were difmiffed, at their requeft, about three years
afterwards'; the former; through indi'fpofition, and
the latter, on account of trifling contentions kindled
by the bigotry and ignorance of the lower fort of
people. Thefe debates continued till they were
clofed; in April 1756, by a decifion of the fyflod,
to which, almoft all our prefbyterian churches, in
this and the fouthern provinces are fubject. The
congregation confifts, at prefent, of 12 or 1400
fouls, under the pafloral charge of the Rev. Mr.
David Boftvdck, who was lately tranflated from
* R Jamaica'

941'

»24z THE HISTORY OF
Jamaica to New- York, by a fynodical decree. He
is a gentleman of a mild, catholjcki difpofition $
and being a man of piety, prudence, and zeal,
confines himfelf entirely to the proper bufinefs of
his function. In the art of preaching, he is one
of the moft diftinguifiied clergymen in thefe partsj
His difcourfes ate methodical, found and pathe-
tick ; in fentiment, and in point of diction, fingu-
A larly ornamented. He delivers himfelf without
notes, and yet with great eafe and fluency of ex-
preffion -, and performs every part of divine wor
fhip with a ftriking folemnity.
TheFrench The French churchy by the contentions in 1724,
church. ancj t|ie difufe of the language, is now reduced to
an inconfiderable handful. The building which
is of ftone nearly, a fquare *, plain both within
aqd without. It is fenced from the ftreetj has a
fteeple and a bell, the latter of which was the gift
of Sir Henry Afshurft of London. On the front of
the church is the following infeription,
2E D E S SACRA
G A L L O R. P R O T.
REFORM.
F V N D A. . 1704. •
PENI-T V S
R E P A R. 1741.
The prefent minifter, Mr. Carle, is a native of
France, and fucceeded Mr. Rou in 1754. He
bears an irreproachable character, is very intent
upon his ftudies, preaches moderate Calvinifm,
and fpeaks with propriety, both of pronuncia
tion andgefture.
Two German The German Lutheran churches are two: Both
their places of worfhip are fmall ; one of them has
a cupola and bell,
* The area is feven ty feet long, and in breadth fifty.
The'

churches.

NEW YORK. ~ 243*
The, Quakers have a meetlng-houfe, and the o^ker*.
Moravians, a new fetY amongft us, a church, con- Moravians.
filling principally of female profelyr.es from other
focieties. Their fervice is in the Englifh tongue.
The Anabaptifts aflemble at a fmall meeting- Anabaptifts.
houfe, bur,, have as yet no regular fettled congre
gation. The Jews, who are not inconfiderable
for their numbers, worfhip in a fynagogue erected
in a very private part of the town, plain without,
but very neat within.
The city hall is a ftrong brick building, two The citr ll3l!-
ftories , in heighth, in the fhape of an oblong,
winged with one at each end, at right angles with
the firft. The floor below is an open walk, ex
cept two jails and the jailor's apartments. The
cellar underneath is a dungeon, and the garret
above a common prifon. This edifice is erected
in a place where four ftreets meet, and fronts, to
the fouth-weft, one of the moft fpacious ftreets in
town. The eaftern wing, in the fecond ftory,
confifts of the afTembly chamber, a lobby,
and a fmall room for the fpeaker of the houfe.
The weft wing, on the fame floor, forms the
council room and a library ; and in the fpace be
tween the ends, the fupreme court is ordinarily
held. The library confifts of 1000 volumes, which J^r"''0'"*
were bequeathed to the .fociety for the propagation
of the gofpel in foreign parts, by Dr. Milling-
ton, rector of Newington. Mr. Humphrys, the
fociety's fecretary, in a letter ofthe 23d of Sep
tember 1728, informed governor Montgomerie, *
that the fociety intended to place thefe books in
New-York, intending to eflablifh a library, for
the ufe ofthe clergy and gentlemen of this and
the neighbouring governments of Connecticut,
New-Jerfey, and Pennfylvania, upon giving fecu
rity to return them; and defired the governor to
* R 2 recommend

•*4+

THE HISTORY OF
recommend it to the affembly, to provide a place
to repofit the books, and to concur in an act for
the preservation of them,, and others that might
be added. Governor Montgomerie fent the letter
to the affembly, whoiordered it to be laid before
the city corporation, and the latter in June 1729,
agreed to provide a 'proper repofitory for the
books* which were accordingly foon after fent
over. The greateft pari of them are upon theolo
gical fubjects, and tfirough the careleffnefs of the
keepers, many are miffing.
V In 1754, a fet of gentlemen undertook to carry
about a fubfcription towards f aifing a publick li-
brary, and in a few days collected near 600 1.
which were laid out in purchasing about 700 vo
lumes of new, well ehbferi, books. Every fub-
fcriber, upon payment of £ 1. principal, and the
annual fum of 10 s. is entitled to the ufe of
thefe books. His right by the articles is aflignable^
and for non-compliance with them may be forfeit
ed. The care of this library, is committed to
twelve truftees, annually elected by the fubfcribers,
on the laft Tuefday of April, who are reftricted
from making any rules repugnant to the fundament
tal fubfcription. This is the beginning of a library,
which in procefs of time will probably become vaftly
rich and voluminous ; and it would be very proper
for the company to have a charter for its fecurity
and encouragement. The books are depofited iri
the fame room with thofe given by the fociety.
Anaims-houie. Befides the city hall, there belong to the corpo-
a" effhibfe.' ratlon' a large alms-houfe or place of correction ';
»oom/m y and the exchange, in the latter of which there is
• a large room raifed upon brick arches, generally
ufed for public entertainments, concerts of mu-
fick, balls and affemblies. '
'¦ Though the city -was put under the government
of a mayor, &c. in 1665, it wasnot regularly in
corporated

NEW YORK. , *45»
COjfporated till 1686. Since that time feveral char
ters have been paffed : the laft was granted by go
vernor Montgomerie on the 15th of January 1730.
It is divided into feven wards, and is under the Gemmttttt
government of a mayor, recorder, feven alder- *
men, arid as many affiflants or common council-
men. The mayor, a fheriff, and coroner, are an
nually appointed by the governor. The recorder
has a patent during pleafure.' The aldermen,
affiflants, affeffors and collectors, are annually
elected by the freemen and free-holders of the re
fpective wards. The mayor has the fole appoint
ment of a deputy, and, together with four alder
men, may appoint a chamberlain. The mayor,
or recorder, four aldermen, and as many affiflants,
form " the common council of the city of New-
" York ;" and this body, by a majority of voices,
hath power to make bye- laws for the government
of the city, which are binding only for a year, un
lets confirmed by the governor and council. They
have many other privileges relating to ferriages,
markets',' fairs, the affize of bread, wine, &c
and the licehfing and regulation of tavern-keep
ers, cartage, arid the like. The mayor, his de
puty, the recorder and aldermen, are conftituted
juftices of the 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 feffions of the peace. They have a com
mon clerk, commiffioned by the governor, who
enjoys an appointment worth about four or five
hundred pounds per annum. The annual revenue
of the corporation is near two thoufand pounds.
The Handing militia of the ifland confifts of about
^300 men*, and the city has in referve, a thou fand
f The whoje number of the inhabitants, exclufive of fe
males above fixty, according to a lift returned to the governor,
*& 3 in

*ty& THE HISTORY OF
fand ftand of arms for feamen, the poor and others,
in cafe of an invafion.
The north eaftern part of New- York ifland, js
inhabited, principally, by Dutch farmers, who
have a fmall village there called Harlem, plea-
fantly fituated on a flat cultivated for the city
markets. WEST-CHESTER.
fTp HIS country is Jarge, and includes all the.
land beyond the ifland of Manhatsns along
the Sound, to the Connecticut line, which is ha.
eaftern boundary. It extends northward to the
middle of the highlands, and weftward to Hud
fon's river. A great part of this county is con
tained in the manors of Pnilipfburgh, Pelha'ro,
Fordham, and Courtlandt, the laft of which has
she privilege of fending a reprefentative to* the ge
neral affembly. The county is tolerably fettled.
The lands are in general rough but fertile,, and
therefore the farmers run principally on grazing;.
It has feveral towns, Eaft-Chefter, Weft-Chefter,
New-Rochelle, Rye, Bedford, and North- Caftle.
The inhabitants are either Englifh or Dutch -pref
byterians, epifcopalians, quakers and French pro
tectants. The former are the moft numerous,
The two epifcopal miffionaries are fettled at Rye
and Eaft-Chefter, and receive each 60 1. annually
taxed upon the county. The town of Weft Chefter
' is an incorporated borough, enjoying a mayor's,
court, and the right of being reprefented by. a,
member in affembly ^
in the fpring, 27r,6, amounted to 30,468 whites, asd 2375
negroes ; but that account is erroneous. It is moft probable
that there are in the city 15,000 fouls.
DUTCH-

NEW YORK*

DUTCHESS;
THIS county adjoins to Weft-Chefter, which
bounds it on the fouth, the Connecticut Line
on the eaft *, Hudfon's river on the weft, and the
county of Albany on the north. The fouth part
'' of this county is mountainous and fit only for iron
works, but the reft contains a great quantity of
good upland well watered. The only villages in
• it are Poghkeepfing and the Fifh-Kill, though
they fcarce deferve the name. The inhabitants on
the banks of the river are Dutch, but thofe more
r eafterly Englifhmen, and, for the moft part, emi
grants from Connecticut and Long ifland. There
' is no epifcopal church in it. The growth of this
county has, been very fudden, and commenced but
" a few years ago. Within the memory of perfons
now living, it did not contain above twelve fami-
' lies; and according to the late returns of the mili-
' tia, it will furnifh at prefent above 2500 fighting
men. j ALBANY.
THIS county extends from the fouth bounds
of the manor of Livingfton on the eaft fide,
and Ulfter on the weft fide of Hudfon's river ;
on the north its limits are not yet afcertained. It
contains a vaft quantity of fine low land. Its princi-
* In defcribing the limits of the feveral counties, I regard
their bounds according to the jurifdi&ion as now exercifed in
each, rather than the laws relating to them, which are very
imperfect, efpecially the general aft in 1691. The greateft
part of Hudfon's river is not included in any of our counties.
*R 4 pal

HT

The citv of.
A'lb*ny.

?2|8" THE HISTORY, OF
pal commodities are wheat, peafe, and pine
boards. .
The city of Albany, #hich' is hear, 150 miles,
from New-York, is fituated on the weft fide of the
river. There, Our governors' ufually treat with the
Indian dependents upon the Britifh crown. The
houfes are built of brick in the Dutch tafte, and
are in number about ,350. There are two churches-
111 it., That ofthe epifcopalians, the only one in
this large county, is a ftone building. , The con
gregation is but fmall, almoft all the inhabitants
retorting tO the Dutch church, which is a plain,
iquare, ftone, edifice. Befides thefe they haye no
other publick buildings, except the city hall and
the forE; the latter, of which is a ftone fquare,
with four baftions, fituated on an eminence which
overlooks the town,, but is itfelf commanded by
higher ground. The greateft part of the city is
fortified only by palifadoes, and in fome. places
there are fmall cannon planted in block- houfes.
Albany was incorporated by colonel Dongan tin
1686,' and is under the government of a mayor,
recorder, fix aldermen, and as many affiflants.
It has alfo a fheriff, town clerk, chamberlain,.
Clerk of the markets, one high conftable, three
fub- conftables, and a marfhal. The corporation*
is empowered befides to hold a mayor's court
for the trial of civil caufes, and a court of general'
quarter feffions.
Saieneaidj. Sixteen of eighteen miles north- weft from Al
bany lies 1 Schenectadyj oh the banks of the Mo
hawks brank, which falls into Hudfon'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 has a large Dutch church, with a fteeple and
iown clock near the center. The windings of the ;
riVetf

N E W Y O R K. a+s»
river through the town, and the fields (which are
often overflowed in the fpring) form, about har-
yeft, a moft beautiful profpect. The lands in the
yale of Schenectady are fo fertile, that they are
cornmonfy fold at 45 1. per acre. Though the
farmers ufe no kind of manure, they till the fields
every year, and they' always produce full crops of
wheat or peafe. Their church wa,s incorporated
by governor Cofby, and the town has the privi
lege of fending a member to the affembly.
. From this village our Indian traders fet out in TkeMohawk'"
battoes for Ofwego. The Mohawk's river, from"
hence to fort Hunter, abounds with rifts and
fhoals, which in the fpring give but little obftruc-
tion to the navigation. . From thence to its head,
or rather to the portage into the wood creek, the
conveyance is eafy, and the current lefs rapid.
The banks of this river are, in general, low, and
^he foil exceeding good. Our fettiements, on the
north fide, extend to Burnet's field, a flat inhabi
ted by Germans, which produces wheat and peafe
in furprifing plenty. On the fouth fide, except a
few Scotch Irifh in Cherry valley at the head of
Sufquehanna, we have but few farms weft of the
three German towns on Schofaare, a fmall creek
which empties itfelf into the Mohawk's river,
about 20 miles weft of Schenectady. The fur
trade at Ofwego, is one of the principal advan
tages 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 1755,
fat cattle were eafily driven there for the army un
der the command of general Shirley.
The principal fettiements to the northward of
Albanyare Conneftigiune, eaftward of Schenectady
on the Mohawk's river,s which a little lower tum-
* bit*

?«5°

Scaghtahook.

Saratoga.

Manorsof Rea
fiaef wick and*
Livingfton.

JTHE HISTORY OF
bles down a precipice of about 70 feet high, cal
led the Cahoes. The furprize, which, as one
might imagine, would naturally be excited by the
view of fo great a cataract, is much diminifhed by
the heighth of the banks of the river ; befides'i
the fall is as uniform as a mill-dam*, being unin
terrupted by thp projection of rocks.
At Scaghtahook, on the eaft fide of the north
branch of Hudfon's river, there are a few farms,
but many more feveral miles tb the eaftward,
and about 25 miles from' Albany, in the patent""
of Hofick. Thefe were all broke up by an ir
ruption of French and Indians, who on the 28th
of Auguft, 1754, killed and fcalped two perfons,
and fet fire to the houfes and barns. '
About 40 miles to the northward of Albany,
on the weft fide of the river, lies Saragtbga, a fine
tract of low land, from which feveral families
were driven by the French Indians, in the late
war. A project of purchafing thefe lands from,
the proprietors, fettling them with Indians, raif-
ing a fort there and cultivating the foil for them,
has been often talked of fince Captain Campbell's:
difappointment, as a proper expedient to curb the
fcalping parties fent out from Crown Point.
In the fouthern part of the county of Albany,
on both fides of Hudfon's fiver, the fettiements
are very fcattered, except within twelve miles of
the city, when the banks become low and ac-
ceffible. The iflands here, which are many, con
tain perhaps the fineft foil in the world.
There are two mandrs in the' county* Ren-
flaerwick and Livingfton, which have each the
privilege of fending a member to the affembly.
The tenants of thefe manors, and of the patents
of Claverack, have free farms at the annual rent
of a tenth of the produce, which has as yet been
neither1

neither

N E W Y O R K,' ?eif
exacted nor paid. At Ancram in the
manor of Livingfton is an hon furnace, abouc
14 miles from the river. Its beft and moft im
proved lands lie at Tachanic in the. eaftern parts,
which have of late been much difturbed by the
inroads of the Maffachufet's bay, on this and
the patents of Wefternhook and Claverack.
The winters in this county are commonly fe- severity 0f the
vere, and Hudfon's river freezes fo hard a hun- winters. '
dred miles to the fouthward of Albany, as to
bear fheds loaded with great burdens. Much'
fnow is very ferviceable to the farmers here, nor,
bnly in protecting their grain from the froft, but
in facilitating the tranfportation of their boards
and other produce, to the banks of the- river
againft the enfuing fpring,

p- L S T E R.
THIS county joins to that of Albany, on thq
weft fide of Hudfon's river. Its northern
extent is fixed at Sawyer's Rill : the rivers De
laware and Tludfon bound it' eaft and well, and
a weft line from the mouth of Murderer's creek
is its fouthern limit.
The inhabitants are Dutch, French, Englifh,
Scotch, aijd Irifh, bufthe firft and the laft are moft
numerous. The epifcopalians in this county are fo
inconfiderable, that their church is only a mean
log- houfe, The moft confiderable town, is King-
fton, fituated about two miles from Hudfon's ri
ver. ¦ It contains about 150 houfes moftly of
ftone, is regularly laid out on a dry level fpot,
and has a large ftone church and court-houfe near

*252 THE HISTORY OF
near the center. It is thought to refemble Sche-
hectady, but far exceeds it in its elevation : on
the north fide of the town, the Efopus Kill winds
through rich and beautiful lawns. The people
of Ulfter having long enjoyed an undifturbed
tranquility, are fome of the moft opulent farmers
in the whole colony.
This coiinty is moft noted for fine flour, beer,;
and a good breed of draught horfes. At the
commencement of the range of the Apalachian
hills, about 10 miles from Hudfon's river, is an
inexhauftible quarry of mill-ftones, which far ex
ceed, thofe from Colen in Europe, formerly im
ported here, and fold at 80 1. a pair. The Mar--
bletown mill-ftones coil not a fourth part of that
fum. This and the counties of Dutchefs and
Orange abound with lime-ftone, and on the banks
of Hudfon's river are found great bodies of blue
flate. ,
The principal villages, befides Kingftbn, are
Marbletown, Hurley, Rochefter, New Paltz,!>
and the Wall-kill, each of which js furrounded
with fine tracts of low land. The militia of Ul
fter is abouc 15 or 1600 men and a company
of hbrfe.

ORANGE

O U N T Y is divided by a range of
_ I mountains, ttretching weftward from "Hud
fon's river, called the Highlands. On the
north, fide the lands are very broken but fer
tile, and inhabited by Scotch, Irifh, and Englifh
Prefbyterians.

chap. i. N E W-Y O R K. . «j^
Prefbyterians. The fociety's Miffionary in Ulfter
preaches here fometimes to a fmall congregation
ofthe epifcopal perfuafion, which is the only one.
in the county. Their villages are Gofhen, Bethle
hem, and Little ' Britain, all remarkable for pro
ducing, in general, the beft butter made in the
colony. The people on the fouth fide of the moun
tains are all Dutch ; and Orange Town, more com
monly called by the Indian name Tappan, is a fmall
but very pleafant inland village, with a ftone court
houfe and church. The militia confifts of abouc
1300 fighting men.
This county joins to the province of New Jerfey
on the fouth ; and the non- fettlement of the par
tition line has been the greateft obftruction to its
growth. There is a very valuable tract called the Drowned
Lands on the north fide of the mountains, contain
ing about 40 or 50,000 acres. The waters, which
defcended from the furrounding hills, being but
flowly difcharged by the river iffuing out of it, co
ver thefe vail meadows every winter, 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 ofthe river,
and a dreadful, devouring conflagration over- runs
it, confuming the herbage for feveral days. The
Walkill river, which runs through this extenfive,
amphibious tract, if I may ufe the expreffion,
is- in the fpring ftored with eels of uncommon fize
and plenty, 'very ufeful to the farmers refiding on
its banks. The river is about two chains in
breadth where it leaves the Drowned Lands, and
has a confiderable fall. The bottom of it is a
broken rock, and I am informed by Mr. Clinton,
a gentleman of ingenuity and a mathematical turn,
that the channel might,. forTefs than 2000L be i'v.f-
S ficiently

«5« THE H I S T O R"Y OF
ficiently deepened to draw off all the water from,
the meadows. Some parts near the banks of the.
upland, have been already redeemed from the flbodst
The fpots are very fertile, and produce Englifh
grafs, hemp, and Indian Corn.
The mountains, in the county of Orange, are
cloathed thick with timber, and abound "with
iron ore, ponds, and fine ftreams for iron works.
Gofhen is well fupplied with white cedar, and in
fome parts of the woods, is found great plenty o£
black walnut.
Before! proceed to the defcription of thefouthern
counties, I beg leave to fay a few words concerning
Hudfon's River.
Hudfon's river. jts fource nas not, as yet, been difcovered. We
know, in general, that it is in the mountainous,
uninhabited country, between the lakes Ontario
and Champlain. In its courfe fouthward it ap
proaches the Mohawks River within a few miles at
Saucondauga. From thence it runs north and
x nofth-eafterly towards Lake St. Sacrement, now
called Lake George, and is not above 8 or iq
miles diftant from it. The courfe then to. New-
York is very uniform, being in the main fouth 1 2,
or 1 50 weft.
The diftance from Albany to Lake George is
computed at 65 miles. The river in that interval
is navigable only to batteaus* and interrupted by
rifts, which occafion two portages of half a mile
each *. There are three routes from Crown Point
to Hudfon's River in the way to Albany ; one
through Lake George, another through ay branch
of Lake Champlain,,' bearing a fouthern '"courfe,
and terminating in a bafon, feveral miles eaft of
Lake George, called the South Bay. The third is
by afcending the Wood Creek, a fhallow ftream, about!
* In the paffage from Albany to Fort Edward, the whole
land carriage is about 12 or 13 miles.

chap, i, NEW-YORK. 2|9
about one hundred feet broad, which, coming from
the fouth-eaft, empties itfelf into the fouth branch
of the Lake Champlain.
The place where thefe routes meet on the banks
of Hudfon's River, is called the Carrying Place.
Here Fort Lyman, fince called Fort Edward, is
built ; but Fort William Henry, a much ftronger
garrifon, was erected at the fouth end of Lake
George, after the repulfe of the French forces un
der the command of Baron Diefkau, on the 8th of
September 1755. General Shirley thought it more
advifeabie to ftrengthen Fort Edward in the concur
rence of three routes, than to erect the other at Lake
George 17 miles to the northward of it; and wrote a
very preffing letter upon that head to Sir 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 fhore.
The paffage through the highlands affords a wild
romantick fcene, for fixteen miles, through fteep
and lofty mountains. The tide flows a few miles
above Albany. The navigation is fafe, and per
formed infloops of abovit 40 or 50 tons burthen,
extremely well accommodated to the river. About
fixty miles above the city of New York the water
js frefh, and in wet feafons much lower. The river
is ftored' with variety of fifh, which renders a fum-
mer's paffage to Albany exceedingly divercing, to
fuch as are fond of angling.
The advantages of this river for penetrating
into Canada, and protecting the Southern Colonies
from the irruptions of the French, by fecuring
the command of the lakes, and cutting off the
communication between the French fettiements 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.
S 2 The

»So THEHISTORYOF
TheFrench, as appears front the intended inn
yaficn in '689, have long eyed the Englifh'
poffeffion of this province .with jealoufy •, and it
becomes us to fall upon every method for its proT
tection and defence.
The Angular conveniency of Hudfon's River to
, this province in particular, was fo fully fhewn in
one of the late papers, publifhed in 1753, under
the title of Independent Reflector, that I cannot
help reprinting the paffage relating to it.
" Pligh roads, which, in moft trading countries,
" are extremely expenfive, and awake a continual
" attention for their reparation, demand from -us,
" comparatively fpeaking, fcarce any public notice
" at all. The whole province is contained in two
'f narrow oblongs, extending from the city Eaft
" and North, having water carriage from the
" extremity of one, ^andfrom the difumce of.' one
" hundred and fixty miles of the other ; and by
" the moft accurate calculation, has not, at a
" medium, above twelve milts of land carriage,
" throughout its whole extent. This is one of
" the itrongeft motives to the fettlement of a new
" country, as it affords the eafieft and moft fpeedy
" conveyance from the remoteft diflances, arid at
" the loweft expence, The effects of this ad-
" vantage are greater than we ufually obferve,
" and are therefore not fufficiently admired.
" The province of Fenfylvania has a fine foil,
" and, through the importation of Germans,
" abounds with inhabitants •, but being a vaft 4n-
" land country, its produce muft, of confequence,
*' be brought to a market ova a great extent of
'.' ground, and all by land carriage. ' Hence it is,
" that Philadelphia is crowded with waggons,
" carts, horfes, and their drivers : a ftranger, at
" his firft entrance, would imagine it to be a place
" of traffick, beyond any one town in the colo-
^ nies; while at New- York, in particular, tq
^ whicfi

<c

Ichap. i. N E W - Y O R K. 261
" which the produce of the country is all brought
by water, there is rfidre bufinefs, at leaft, bufi-
" nefs of profit* though with lefs fhew and appear-
" ance. Not a boat in our river is navigated with
" more than two or three men at moft ; and thefe
" are perpetually coming in from, and returning
" to, all parts of the adjacent country* in the
*' fame employments, that fill the city of Phila-
" delphia with fome hundreds of men, who, in
" refpect to the public advantage, may juftly be
" faid to be laboriously idle: for, let any one
" nicely compute trie expence of a waggon, with
" its 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 particulars amount
" to a fum far from being inconfiderable. .All
" this time the New- York farmer is in the courfe
" of his proper bufinefs, and the unincumbered
" acquifitions of his calling : for* at a medium,
" there is fcarce a farmer in the province, that
" cannot tranfport the fruits of a year's labour
" from the beft farm in three days, at a proper
" feafon, to fome convenient landing, where. the
" market will be to his fatisfaclion, and all the «
" wants from the merchant cheaply fupplied : be-
" fides which, one boat fhall ileal into the harbour
f," of New-York, with a lading of more burden
" and value, than forty waggons, one hundred
" and fixty horfes, and eighty men, into Phila-
" delphia ; and perhaps with lefs noife, bluffer,
" or fhew, than one.
" Prodigious is the advantage we have in this
" article alone -, I fhall not enter into an abltruie
" calculation, to evince the actual value of it, in
«' all the lights in which it may be confidered;
" thus much is certain, that, barely on account ot
•l our 'eal'y carriage, the profits of farming with
"S3 V. us

46z T H E HI ST O R Y p F
u us exceed thofe in Penfylvania* at leaft by
" thirty per cent, and that difference, in favour
" of our farmers, is of itfelf fufficient to enrich
" them; while the others find the difadvantage
" they are expofed to, fo heavy (efpecially the
" remote inhabitants of their country), that a bare
" fubfiftence is all they can reafonably hope to
" obtain. Take this province throughout, the
" expence of tranfporting a bufhel of wheat, is
" but two- pence, for the diftance of one hundred
" miles ; but the fame quantity, at the like dif-
" tance, in Penfylvania, will always exceed us
" one Unfiling at leaft. The proportion between
"•us, in the conveyance of every thing elfe, is
" nearly the fame. How great, then, are the
•' incumbrances to which they are expofed ! What
*c an immenfe charge is faved to us ! how fenfible
" muft the embarraffments they are fubject to be
" to a trading people !"
RICHMOND
County confifts of Staten Ifland, which lies
nine miles fouth-weftward from the city of New-
York. It is about 1 8 miles long, and at a medium
fix or feven in breadth. On the fouth fide is a
confiderable tract of good level land, but the
Ifland is, in general, rough, and the hills high.
The inhabitants are principally Dutch and French.
The former have a church, but the latter having
been long without a minifter, refort to an Epifco
pal church in Richmond town, a poor mean vil
lage, and the only one on the Ifland. The parfon
of the parifh receives 40I. per annum, raifed by a
tax upon the county.
Southward of the main coaft of this and the Co-
long ifland. Iony of Connecticut, lies Long Ifland, called by
the Indians Matowacs, and hamed, according to
an Act of Affembly in King William's reign, Naf- fau,

chap. i. N E W - Y O R K. 263
fau. Its length is computed at 120 miles, and the
mean breadth twelve. The lands on the north and
fbuth fide are good, but iri the middle fandy and
barren. The (outhern fhore is fortified againft any
invafion from the fea by a beach inacceffible to
fhips, and rarely to be approached, even by the
Imalleft long-boats, on account of the furge, which
breaks upon it with great fury, even when the
winds aire light. The cdaft eaft and weft admits
of regular fdundings far into the ocean; and as the
lands are, iri general, low for feveral hundred
miles, nothing Can be mdre advantageous to our
fhips, than the high lands of Neverfink near the en
trance at the Hook, which are fcarce fix miles in
length, and often feeri thirty leagues from the fea. ,
This ifland affords the fineft roads in America, it
being very level, and but indifferently watered.
It is divided into three counties.
K I N G;s
County lies oppbfite to New- York on the north
fide of Long Iflarid; The inhabitants are all
Dutch, ahd enjoying a good foil, near our
markets, are generally in eafy circumftances. The ,
County, which is very fmall, is fettled in every
part, and contains feveral pleafant , villages, viz.
Bufhwick, Breucklin, Bedford, Flat-Bufh, Flat-
Lands, New-Utrecht, and Gravefend.
Q_ U E E N's
County is more extenfive, and equally well fet
tled. The principal towns are Jamaica, Hemp-
ftead, Flufhing, Newtown, and Oyfterbay. Hemp-
ftead plain 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 Hempflead. The inhabitants are divided into
S 4 Dutch

264- THE HISTORY O-F
Dutch and Englifh Prefbyterians, Epifcopalians
and Quakers.
There are but two Epifcopal Miffionaries in this-
county, one fettled at Jamaica, and the other at
Hempftead ¦, and each of them receives 60I. an
nually levied upon all the inhabitants.
S^.tJ F F O L K
Includes all the eaftern part of Long Ifland,
Shelterlflarid, Fifher's Ifland, Plumb Ifland, and
the Ifle of White. This large county has been
long fettled, and except one fmall Epifcopal con- ,
gregation, confifts entirely of Englifli Prefbyte
rians. Its principal towns are Huntington, Smith
Town, Brookhaven, Southampton, Southholdy
¦and Eafthampton. The farmers are, for the moft
part, graziers, and living very remote from New-
York, a great part of their produce is carried to
markets in Bofton and Rhode Ifland. The In
dians, who were formerly numerous on this ifland,
are now become very inconfiderable. Thofe that
remain, generally bind themfelves fervants to the
Englifh. The whale fifhery, on the fouth fide of
the ifland,, has declined of late years through the
fcarcitv of whales, and is now almoft entirely neg
lected.' The Elizabeth Iflands, Nantucket, Martin's
Vineyard, &c. and Pemy Quid, . which anciently
formed Duke's and the county of Cornwall, are
now under the jurifdiction of the Maffachufett's
Bay. Sir William Phips demanded them of Go
vernor Fletcher in February 1692-3, not long
after the new charter to that Province ; but the Go
vernment here was then of opinion, that that Co
lony was not entitled to any iflands , weftward of
Nantucket. An eftimate of the comparative wealth of our
counties, may be formed from any of our affeff-
ments.

chap. 2. N E W - Y O R K. 265
ments. In a 10,000 1. part of a.45,000 1. tax laid
m i7'55-> the proportions fettled by an Act of Af
fembly flood thus :
New^York,  " £.3332 o o
Albany,  1060 o o
King's,  — 484. o o
Queen's,  • — 1000 o o
Suffolk, —  — 860 o o
Richmond, — — — — 304 o o
Weft-Chefter, - — ¦  1000 o o
Ulfter,  — . — 860 x> o
Dutchefs,  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 colony of Connecticut,
which is vaflly inferior to this in its extent, con
tains, according to a late authentick enquiry, above
133,000 inhabitants, and has a militia of about ¦
27,000 men; but the militia of New- York, ac
cording to the general eftimate, does not exceed
1 8,000. The whole number of fouls is computed
at 100,000.
Many have been the difcouragements to the fet-
•tlement of this colony. The French and Indian
irruptions, to which we have always been expofed,
have driven many families into New-Jerfey. At
home

z66

K'imi'ks on the
practice of tranf-
porting felons
to America.

THE HISTORY OF
home, the Britifh acts, for the tranfpoftation of
felons, have brought all the American colonies
into difcredit with the induftrious and hoheftpoor,
both in the kingdoms of Great-Britain and Ireland; '
The mifchievous tendency of thofe laws was fhewn
in a late paper, which it may not be improper to
lay before the reader *.
" It is too well known that in purfuance of di
vers acts of parliament, great numbers of fel
lows who have forfeited their lives to the public,
for the moft atrocious crimes, are annually
tranfported from home to thefe plantations*
Very furprizing one would think, that thieves*
burglars, pickpockets, and cut-purfes, and a
herd of the moft flagitious banditti upon earth,
fhould be fent as agreeable companions to us !
That the fupreme legiflature did intend a tranf-
portation to America, for a punifhment of thefe"
villains, I. verily believe •, but fo great is the
miftake, that confident I am, they are thereby*
on the contrary, highly rewarded. For what,
in God's name, can be more agreeable to a pe-*
nurious wretch, driven, through neceffity, to
feek a livelihood by breaking of houfes, and
robbing upon the King's highway, than to be"
faved from the halter, redeemed from the flench
of a goal, and tranfported, paffage free, into a
country, where, being unknown, no man can
reproach him with his crimes ; where labour is
high, a little of which will maintain him ; and
where all his expences will be moderate and
low. There is fcarce a thief in England, that
would not rather be tranfported than hanged.
Life in any condition, but that of extreme mi-
fery, will be preferred to death. As long,
therefore, as there remains this wide door of
efcape, the number of thieves and robbers at
home
* The Independent Refleftor.

chap. it. N E W - Y 0 R K. 267
" home, will perpetually multiply, and their de-
" predations be inceffantly reiterated. .
" But the acts were intended, for the better
" peopling the colonies. And will thieves and
" murderers be conducive to that end ? What ad-
" vantage can we reap from a colony of unre-
" ftrainable renegadoes ? Will they exalt the glory
" of the crown ? or rather, will not the dignity of
'* the moft illuftrious monarch in the world, be
" fullied by a province of fubjects fo lawlefs, de-
" teftable, and ignominous ? Can agriculture be
" promoted, when the wild boar of the foreft
" breaks down our hedges and pulls up our vines ?
*' Will trade flourifh, or manufactures be encou-
" raged, where property is made the fpoil of fuch
" who are too idle to work, and wicked enough
" to murder and fleal ?
" Befides, are we not fubjects ofthe fame King,
" with the people of England ; members of the
" fame body politic, and therefore entitled to
" equal privileges with them ? Iffo, how injuri-
" ous does it feem to free one part of the domi-
*' ons, from the plagues of mankind, and eaft
" them upon another ? Should a law be propofed
" to take the poor of one parifh, and billet them
" upon another, would not all the world, but the
" parifh to be relieved, exclaim againft fuch a
" project, as iniquitous and abfurd ? Should the
" numberlefs villains of London and Weftminfter
" 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, are indeed, not equal to thofe, yet the mi-
" feries that flow from laws, by no means intended
" to prejudice us, are too heavy, not to be felt.
" But the colonies muft be peopled. Agreed :
" And

26S THE HISTORY OF
" And will the tranfportation acts ever have thati
" tendency ? No, they work the contrary 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 flighteft occafions, to cut a man's
" throat, for a fmall part of his property. The
" delights of fuch company, is a noble induce-
" ment, indeed, to the honeft poor, to convey •
" themfelves into a ftrange country. Amidft all
" our plenty, they will have enough to /exercife
" their virtues, and ftand in no need of the affo-
*' ciation of fuch, as will prey upon their property,
" and gorge themfelves with the blood ofthe ad-
"- venturers. They came over in fearch of hap-
" pinefs ; rather than ftarve will live-any where,
" and would be glad to be excufed from fo afnidl-
" ing an antepart ot the torments of hell. In rea-
" lity, Sir, thefe very laws, though otherwife de-
" figned, have turned out in the' end, the moft
" effectual expedients, that the art of man could
" have contrived, to prevent the fettlement of
" thefe remote parts of the King's dominions.
" They have actually taken away almoft every
" 'encouragement to fo laudable a defign. 1 ap-
" peal to facts. The body of the Englifh are
" ftruck with terror at the thought of coming over
" to us, not becaufe they have a vaft ocean to
" crofs, or leave behind them their friends ; or
" that the country it new and uncultivated ; but
" from the fhocking ideas, the mind muft necef-
" farily form, of the company of inhuman fa-
" vages, and the more terrible herd of exiled
" malefactors. There are thoufands of honeft
" men, labouring in Europe, at four pence a
" day, ftarving in fpite of all their efforts, a dead
" weight to the refpective parifhes to which they
"belong; who, without any other qualifications " than

chap. n. N E W - Y O R K. 269
" than common fenfe, health, and ftrength, might
" accumulate eftates among us, as many have
" done already. Thefe, and not the others, are
*' , the men that fhould be fent over, for the better
*' peopling the plantations. GrCat-Britain and
*' Ireland, in their prefent circumftances, are over?
" flocked ¦? ith them ; and he who would immor-
" talize himfc.f, for a. lover of mankind, fhould
?' concert a fcheme for the tranfportation of the
" induftriouQy honeft abroad, and the immediate
'' punifhment of rogues and plunderers at home,
" The pale-faced, half-ciad, meagre, and ftarved
" fkeletons, that are feen in every village of thofe
" kingdoms, call loudly for the patriot's generous
?' aid. The plantations too would thank him for
" his affiftance, in obtaining the repeal of thofe
" laws which, though otherwife intended by the
"legiflature, have fo unhappily proved injurious
." to his own country, and ruinous to us. — It is
" not long fince a bill paffed theCommons, for the
?' employment of fuch criminals in his majefty's
" docks, as fhould merit the gallows. The defign
" was good. It is confiftent w<th found policy,
" that all thofe, who have forfeited their liberty
" and lives to their country, fliould be compelled
" to labour the refidue of their days in its lervice.
V But the fcheme was bad, and wifely was the
" bill rejected by the Lords, for this only reafon,
" That it had a natural tendency to difcredit the
" King's yards : the conlequences of which muft
" have be^n prejudicial to the whole nation. Juft
" fo ought we to reafon in the prefent cafe, and
*' we fhould then foon be brought to conclude,
""that though peopling the colonies, which was
** the laudable motive of the legiflature, be expe-
" dierit to the publick -, abrogating the tranfpor-
V- cation 'laws, muft be equally neceffary." The

2JOO'her caufes
that have pie-
•vcnted the in
creafe of the
Dumber of in

province.

THE HISTORY OF
The bigotry and tyranny of fome of our gover
nors, together with the great extent of their
grants, may alfo be confidered among the difcou-
hr.tntsln'The ragement againft the full fettlement of the pro
vince. Moft of thefe gentlemen coming over with
no other view than to raife their own fortunes,
iffued extravagant patents, charged with fmall quit
rents, to fuch as were able to ferve them in the
Affembly ; and thefe patentees being generally
men of eftates, have rated their lands fo exorbi
tantly high, that very few poor perfons could
either purchafe or leafe them. Add to all thefe,
that the New-England planters have always. been
difaffected to the Dutch, nor was there, after the
furrender, any foreign acceffion from the Nether
lands. The province being thus poorly inhabited,
the price of labour became fo enormoufly en
hanced, that we have been conftrained to import
negroes from Africa, who are employed in all
kinds of fervitude and trades.
Englifh is the moft prevailing language amongft
us, but not a little corrupted by the Dutch dia
lect, which is ftill fo much ufed in fome counties,
that the fheriffs find it difficult to obtain perfons
fufficiently acquainted with the Englifh tongue, to
ferve as jurors in the courts of law.
,The manners of the people differ as well as their
language. In Suffolk and Queen's county, the
firft fettlers of which were either natives of Eng
land, or the immediate defcendants of fuch as be
gun the plantations in the eaftern colonies, their
cuftoms are fimilar to thofe prevailing in the Eng-r
lifli counties, from whence they originally fprang.
Jn the city of New- York, through our intercourfe
with the Europeans, we follow the London fafhi-
ons ; though by the time we adopt them, they
become difufed in England. Our affluence, during
the late war, introduced a degree of luxury in
tables,

The language.

Maniers ofthe
pet-1 le.

chap. u. N E W - Y Q R K. s7,
tables, drefs, and furniture, with which we were
before unacquainted. . But ftill we are not fo gay
a people, as our neighbours in Bofton and feveral
of the fouthern colonies. The Dutch counties, in
fome meafure, follow the example of New- York,
but ftill retain many mqdes peculiar to the Hol
landers. The city of New- York confifts principally off
merchants, fhopkeepers, and tradefmen, who fuf
tain the reputation of honeft, punctual, and fair,
dealers. With refpect to riches, there is not fo
great an inequality amongft us, as is common in
Bofton and fome other places. Every man of in-
duftry and integrity has it in his power to live
well, and many are the inftances of perfons, who
came here diftreffed by their poverty, who now
enjoy eafy and plentiful fortunes.
New York is one of the moft focial places on
the continent. The men collect themfelves into
weekly evening clubs. The ladies, in winter, are
, frequently entertained either at concerts ofmufick
or affemblies, and make a very good appearance.
They are comely and drefs well, and fcarce any of
them have diftorted fhapes : tinctured with a Dutch
education, they manage their Families with be
coming parfimony, good providence, and fingular
neatnefs. The practice of extravagant gaming,
common to the fafhionable part of the fair fex, in
fome places, is a vice with which my countrywo
men cannot juftly be charged. There is nothing
they fo generally neglect as reading, and indeed all
the arts for improvement of the mind, in which, I
confefs, we have fet them example. They are mo-
deft, temperate, and charitable ; naturally fprightr
ly, fenfible, and good humoured ; and, by the
helps of a more elevated education, would poffefs
all the accomplifhments defirable in the fex. Our Want 0: "^d
fchools arc in the loweft order; the inftructorsP;;«»ot'",,Ii- want

ZJZ

THE HI ST O R Y OF
want inftruction, and through a long fhameful
neglect of all the arts. and fciences, our common
fpeech is extremely corrupt, and the evidences of a
bad tafte, both as to thought and language, are vi-
fible in all our proceedings, publick and private.
The people, both in town and country, are fo-
ber, induftrious, and, hofpitable, though intent
upon gain. The richer fort keep very plentiful
tables, abounding with great varieties of flelh, fifh,
fowl, and all kinds of vegetables. The common
drinks are beer, cyder, weak punch, and Madeira
wine. For defert, we have fruits in yaft plenty, of
different kinds and various fpecies.
Gentlemen of eftates rarely refide in the country,
and hence few or no experiments have yet been
Agriculture, made in agriculture. The farms being large, our
hufbandmen, for that reafon, have little recourfe
to art for manuring and improving their lands ;
but it is faid, that nature has furnifhed us withfuf-'
ficient helps, whenever neceffity calls us to ufe
them. It is much owing to the difproportion be
tween the number of our inhabitants, and the vaft
tracts remaining ftill to be fettled, that we have not,
^anufaftures. as yet, entered uponfcarce any other manufactures,
than fuch as are indifpenfibly neceffary for our
home convenience. Felt-making, which is per
haps the moft natural of any we could fall upon,
was begun fome years ago, and hats were exported
to the Weft Indies with great fuccefs, till lately
prohibited by an act of Parliament.
The inhabitants of this colony are in general
healthy and robuft, taljer, but fhorter lived than
Europeans, and, both with refpect to their minds
and bodies, arrive fooner to an age of maturity.
Breathing a ferene dry' air, they are more fpfightly
• in their natural tempers than the people of Eng^
land, and hence inftances of filicide are here very
uncommon. The hiftory of our difeafes belongs to

tHAP. in. N E W-Y O R K. 273
to a profeffion with which I am very little acquaint- State ofthe pro.
ed. Few phyficians among us are eminent forf£ffion°fPhyfii:.
their fkill. Quacks abound like loqufts in Egypt,
and too many have recommended themfelves to a
full practice and profitable fubfiftence; This is
' the lefs to be wondered at, as the profeffion is tin
ner no kind of regulation. Loud as the call is, to
our fhame be it remembered, we have no law to
> protect the lives of the King's fubjects from the
malpractice of pretenders. Any man at his pleafure
fets up forphyfician, apothecary, and chirurgeon.
No candidates are either examined or licenfed, or
,' feven fwore to fair practice*. 1 he natural hiftory
of this province would of itfelf furnifh a fmall vo
lume, and therefore I leave this alfo to fuch, as
have capacity and leifure to make ufeful obferva
tions, in that curious and entertaining branch of
natural philofophy.

CHAP. III.
Of our TRADE;*
THE fituation of New- York, with refpect to Excellence of
foreign markets, forreafons elfewhere affign- '£° r""tat,0*fof
ed, is to be preferred to any of our colonies. It lies New York.
in the center ofthe Britifh Plantations on the Con
tinent; has at all times a fhort eafy accefs to the
ocean, and commands almoft the whole trade of
Connecticut and New-Jerfey, two fertile and well
* The; neceffity of regulating the praftice cf phyficlc, and a
plan for that purpofe, were ftrongly recommended' by. t^he au
thor of the Independent Refleftor, in 1753, when the city
of New- York alone boaited the honour ot having above forty
* gentleman of that faculty. T culti-

274 THE HISTORY O-F
cultivated colonies. The projection of Cape Codd
into the Atlantick, renders the navigation from
the former to Bofton, at fome feaforts, 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 Sound, is fhort and unexpofed to
fuch dangers. Philadelphia receives as little ad
vantage from New-Jerfey, as Bofton from Connec
ticut, becaufe the only rivers which roll through
that Province, difembogue not many miles from
from the very city of New- York. Several attempts
have been made to raife Perth Amboy into a trad-'
ing port, but hitherto it has proved to be an unfea-
fible project. New-York, all things confidered,
has a much better fituation ; and were it other?
wife, the city is become too rich and confiderable,
to be eclipfed by any other town in its neighbour
hood. Cur merchants are compared to a hive of bees,
who .induflrioufly gather honey for others. — Non
T?de with vohis mettificatjs apes. The profits of our trade cen-
¦Cie-t Britain. ter chiefly in Great'Britain, and for that rCafon,
methinks, among others, we ought always to re
ceive the generous aid and protection of our Mo
ther Country. ¦ In our traffick with other places,.
the balance is almoft conftantly in our favour. Our
Exports to the exports to the Weft-Indies are bread, peafe, rye-
Wed indks, meal, Indian corn, apples, onions, boards, ftaves,
horfes, fheep, butter, cheefe, pickled oyfters, beef^
Flour. and pork. Flour is alfo a main article, of which
there is fhipped about. 80,000 barrels per annum.
To preferve the credit of this important branch of
< our ftaple, we have a good law, appointing offi
cers to infpect and bra'nd every cafk before its ex-
WsPit'iii£°mthi Porta"on- The returns are .chiefly rum, fugar, and
molaffes, except cafh from Curacoa, and when
mules, from the Spanifh main, are ordered to Ja
maica,

fehAP. Hi. N E W - Y 6 R K. 27;
maica, and the Windward Iflands, which "are ge
nerally exchanged for their natural produce, for
We receive but little cafh from our own iflands.
The balance againft them would be much more in
bur favour, if the indulgence to our Sugar Colo
nies did not enable them to fell, their produce at a
higher rate than either the Dutch or French
iflands. The Spaniards commonly contract for provi- Trade witv
fions with merchants in this and the colony of Pen- sPain-
fylvania, very much to the advantage both ofthe
contractors and the public, becaufe the returns are
wholly in eafli. Our wheat, flour, Indian corn,
and lumber fhipped to Lifbon and Madeira, ba- ^rgaad|e.vv!th Pc,r"
lance the Madeira wine imported here.
The Logwood trade to the Bay of Honduras is Logwood. > '
very confiderable, and was pufhed by our mer
chants with great boldnefs, in the moft dangerous
times. The exportation of flax- feed to Ireland is fm feed.
of late very much increafed, Between the 9th of
December 1755, and the 23d of February follow
ing, we fhipped off 12,528 hogfheads. In return
for this article, linens are imported, and bills of
exchange drawn, in favour of England, to pay for
the dry goods we purchafe there. Our logwood is
remitted to the Englifh merchants for the fame
purpofe. The fur trade, though very much impaired by The fur trade.
the French wiles and encroachments, ought not to
be paffed over in filence *. The building of Of
wego has conduced, more than any thing d(e, to
the prefervation of this trade. Peltry of all kinds
is purchafed with rum, ammunition, blankets,
* It is computed, that formerly we exported 150 hogfheads
of beaver and other fine furs per annum, and 200 hogfheads of
Indian-dreffcd deer-fkins, befides thofe carried from Albany in
to New-England. Skins undrefTed are ufually (hipped to Hol
land. T 2 ftrouds,

England.

276 THE HISTORY OF'
ftrouds, > and wampum, or coque-fhell buglefe
The French fur trade, at Albany, was carried off
till the fummer 1755, by the Caghnuaga-profe-
lytes -, and in return for their peltry, they received
Spanifh pieces of eight, and fome other articles
which the French want to complete their affort-
ment of Indian goods. For the Savages prefer the
Englifh ftrouds to theirs, and the French found it
their intereft to purchafe them of us, and tranfport
them to the Weftern Indians on the Lakes Erie,
Huron, and at the ftreight of Mifilimakinac.
Dry goods im- Our importation of dry goods from England is
ported from f0 vaflly great, that we are obliged to betake our-
felves to all poffible arts, to make remittances to
the Britifh merchants. It is for this purpofe we
import cotton from St. Thomas's and Surinam ;
lime-juice and Nicaragua wood from Curaco?;
and logwood from the Bay, &c. and yet it drains
us of all the filver and gold we can collect. It is
computed that the annual amount of the goods
purchafcd by this colony in Great Britain, is in
value not lefs than 100,000 1. Sterling; and the
>¦ fum would be much greater, if a ftop was put to all
clandestine trade. England is, doubtlefs, entitled
,to all our fuperfluities ;¦ becaufe our general inte
refts are clofely connected, and her navy is our
principal defence. On this account, the trade with
Trad»w"th Flamburgh and Holland for duck, chequered li-
HdLnd?h a"d nen,oznabrigs, cordage, and tea, is certainly, upon
the whole, impolitic and unreafonable ; how
much Soever it may conduce to advance the inte
reft of a few merchants, or this particular co
lony. by what meafures this contraband trade may be
effectually obftrufted is hard to determine, though
it well deferves the attention of a Britifh Parlia
ment. Increafing the number of cuftom-houfe
officers, will be a remedy worfe than the difeafe. Their

chap. m. N E W - Y O R K. 277
Their falaries would be an additional charge upon
the public; for if we argue from their con
duct, we ought not to p'refume upon their fidelity.
The exclufive right of the Eaft-India Company to
import tea, while the colonies purchafe 'it of fo
reigners %oper cent, cheaper, muft be very preju
dicial to the nation. Our people, both in town
and country, are fhamefully gone into the habit of '
tea-dririking ; and it is fuppofed we confume of
this commodity in value near 10,000 1. Sterling
per annum.
Some are of opinion that the fifhery of ftnr- r
geons, which abound in Hudfon's River, might
be improved to the great advantage of the colony ;
and that, if proper meafures were concerted, much
profit would arife from fhip-building and naval
ftores. It is certain we have timber in vafl plenty, Timber.
oak, white and black pines, fir, locuft, red and
white mulberry, and cedar; and perhaps there is
no foil on the globe, fitter for the production of
hemp than the low lands in the county of Albany. Hemp.
To what I have already faid concerning iron ore,
a neceffary article, I fhall add an Extract from the
Independent ReflecJor.
" It is generally believed, that this province
abounds with a variety of minerals. Of iron, 1™.
in particular, we have fuch plenty, as to be ex
celled by no country in the world of equal ex
tent. It is a metal of intrinfic value beyond any
other, and preferable to the pureft gold. The
former is converted into numberlefs forms, for
as many indifpenfible ufes ; the latter, for its
portablenefs and fcarcity, is only fit for a me
dium of trade : but iron is a branch of it, and
I am perfuaded will, one time or other, be one
ofthe moft valuable articles of our commerce.
* Our annual exports to Bofton, Rhode-Ifland
and Connecticut, and fince the lace Act of Par-

T 3 liament

273 THEHISTORYOF
'-, liament, to England, are far from being incont.
" fiderable. The bodies of iron ore in the nor-
" thern parts of this province are fo many, their
" quality fo good, and their fituation fo conve-
" nient, in refpect of wood, water, hearth ftone,
" proper fluxes, and carriage, for furnaces, bloo-
" meries, and forges, that with a little attention
." we might very foon rival the Swedes in the pro-
¦• " duce of this article. If any American attempts
" in iron works have -proved abortive, and diiap-
" pointed their undertakers, it is not to be imputed
" either to the quality of the ore, or a defect of
" conveniences. The want of more workmen, and
" the villainy of thofe we generally have, are the
" only caufes to which we muft attribute fuch mif-
" carriages. No man, who has been concerned in
" them, will difagree with me if laffert, that from
" the founder ofthe furnace to the meaneft bankf-
" man or jobber, they are ufually low, profligate,
" drunken, and faithlefs. And yet, under all the
" innumerable difadvantages of fuch inftruments,
" very large eftates, have, in this way, been raifed
" in fome of our colonies. ^ Our fuccefs, therefore,
" in the iron manufactory, is obftruCled and dif-
" couraged by the want of workmen, and the high
"price of labour, its neceffary confequence, and
" by thefe alone ; but it is our happinefs, that
" fuch only being the caufe, the means of redrefs
" are entirely in our own haiids. Nothing more
" is wanting to open a vaft fund of riches to the
" province, in the branch of trade, than the impor-
" tation of foreigners. If our merchants and landed
" gentlemen could be brought to a coalition in
" this defign, their- private Interefts would not
" be better advanced by it than the public emolu-
" ment: the latter' in particular, would thereby
" vaftly improve their lands, increafe the number,
l\ and raife the rents of their tenants. And I can-
" not

chap. m. N E W-Y O R K. zjcf
" not but think, that if thofe gentlemen who are
" too inactive to engage in fuch an enterprife,
" would only be at the pains of drawing up full
" reprefentations of their advantages for iron
" works, and of publifhing them from time to
" time in Great Britain, Ireland, Germany, and
" Sweden, the province would foon be fupplied
" with a fufficient number of capable workmen in
" all the branches of that manufactory."
The money ufcd in this, province is filver, gold, Money.
Britifh halfpence, and bills of credit. To coun
terfeit either of their, is felony without benefit of
clergy ; but none except the latter, and Lyon dol- »
lars, are a legal tender. Twelve halfpence, till J^* ha,f"
lately, paffed for a fhilling ; which being much
beyond their value in any ofthe neighbouring co
lonies, the affembly, in 1753, refolved to proceed,
at their next meeting, after the ill of May enfu
ing, to the consideration of a method for afcertain-
ing their value._ A fet of gentlemen, in number
feventy-two, took the advantage of the difcredit
that refolve put upon copper halfpence, and on
the 2 2d of December, fubfcribed a paper, engag
ing not to receive or pafs them, except at the
rate of fourteen coppers to a fhilling. This gave
rife to a mob, for a few days, among the lower
clafs of people, but fome of them being impri-
foned, the fcheme was carried into execution ; and
eftablifhed in every part of the province, without
the aid of a law. Our paper bills, which are iffued Paper b;h« of
to ferve the exigencies of the government, were at crcdl"
firft equal to an ounce of filver, then valued at
eight fhillings. Before the late Spanifh war, filver
and gold were in great demand to make remittan
ces for European goods, and then the bills funk,
an ounce of filver being worth nine fhillings and
threepence. During the war, the credit of our
bills was well fupported, partly by the number of
T 4 prizes.

28o THE, HI STORY OP
prizes taken by our privateers, and the high price; .
of oUr produce abroad ; and partly by the logwood
trade and the depreciation of the New- England
paper money, which gave ours a free circulation
through the eaftern colonies. Since the war, filver
has been valued at about nine fhillings and two
pence an ounce, a»d.is doubtlefs fixed there, till
our imports exceed what we export. To affift his
Majefty for removing the late encroachments, of
the French, we have iffued 8o,oool. to be funk in
fhort periods, by a tax on eftates, real and perr
fonal ; and the whole amount of our paper cur
rency is thought to be about i6o,oool.
Never was the trade of this province in fo flou-
* rifhiny a condition, as at the latter end^df the late
Privateers in the French war. Above twenty privateers were often
ate renc vvar> 0ut of this port, at a time ; and they were fuccefs-
ful in their captures. Provifions, which are our
ftaple, bore a high price in the Weft-Indies. The
French, diftreffed through the want of them, gladly
received our flags of truce, though fometimes they
had but one or two prifoners on board, becaufe they
were always loaded with flour, beef, pork, and fuch-
like commodities. ' The danger their own veffels
•were expofed to, induced them to fell their fugars'
to us at a very low rate. A trade was, at the, \.
fame time, carried en between Jamaica and the
Spanifh main, which opened a fine market to the
Northern Colonies, and ihe returns were, princi
pally, in cafh. It was generally thought, that if
the war had continued, the greateft part of the
produce of the Spanifh and French fettiements in
the Weft-Indies would have been tranfported tq
Great Britain, through fome one or other of her co-
; .: ' lonies,; whence we may fairly argue their pro
digious importance.
The Provincial laws relating to our trade are not
yery numerous. Thofe concerned in them may
have

jchai?. iv. N E W - Y O R K.
have recourfe to the late Edition of our Acts at
large, publifhed in 1752; and for this rea'bn, I
beg to be excufed from exhibiting an unentertain-
ing fumma'-y of them in this work.

281

CHAP.

IV.

Of our Religious State:
)Y the account already given, of the rife and
progrefs ofthe acls for fettling a Miniftry in
four counties, and the obfervations made, concern
ing our various Chriflian denominations, I have in
a great meafure anticipated what I at firft intended
to have ranged under this head.
The principal diftinftions amongft us, are the
Epifcopalians, and the Dutch and Englifh Prefby
terians ; the two laft, together with all the other
Proteftants in the colony, are fometimes (perhaps
here improperly) called by the general name of
Diffenters; and compared to them, the Epifcopa- smaiinumw
Jians are, I believe, fcarce in the proportion of one°.flhii EP'fcjPa-
rc tt 1 -r 1 ii-r- lians 1 1 compj-
to fifteen, rxence partly anies the general dif- riion ofthe ,-cit
content on account of th'e Miniftry Acts; not fo of the l'eo-pls-
much that the provifion made by them is en-
grofied by the minor feet, as becaufe the body of
the people, are for an equal, univerfal, toleration
of Proteftants, and utterly averfe to any kind of
ecclefiafticaleftablifhm'ent. The Diffenters, though
fearlefs of each other, are' all jealous of the Epif
copal party, being apprehenfive that the counte
nance they may have from home, will foment a
luft for dominion, and enable them, in procefs of
time, to fubjugate and opprefs their fellow-fub-
jects. The violent meafures of fome of our Go
vernors have given an alarm to their fears, and if
ever

sg2 the History of
ever any other gentleman, who may be honoured'
with the chief command of the province, begins
to divert himfelf, by retrenching the privileges and
immunities they now enjoy, the confufion of the
province will bs the unavoidable confequence pf
his folly. For though his Majefty has . nd other
fubjects upon whofe loyalty he can firmly depend,
yet an abhorrence, of perfecution, under any of
its appearances, is fo deeply rooted in the people
of this plantation, that as long as they continue
their numbers and intereft in the Affembly, no
attempt will probably be made upon the rights of
conference, without endangering the public repofe.
The Epif. opal of the government of the Dutch churches, I
r have aireadv given an account. As to the Epif-
copal Clergy, they are miffionaries of the Englifh
fociety for Propagating the Gofpel, and ordinarily
ordained by the Biibop of London, who, having
a commiffion from the King to exercife ecclefiaf-
tical jurifdiction, commonly appoints .a clergyman
here for his commiffary. The minifters are called
by the particular churches, and maintained by the
voluntary contribution of their auditors and the
fociety's annual allowance, there being no law for
tithes.
The Engiiih "The Englifh Prefbyterians are very numerous.
Thofe inhabiting New-York, New-Jerfey, Pen-
fylvania, and the three Delaware counties, are re
gularly formed, after the manner of the church of
Scotland, into confiftories or kirk feffions, pref-
r byteries and fynods, and willprobably foon join
in erecting a general affembly. The clergy are or
dained by their fellows, and are maintained by
their refpective congregations. Except thofe mi 1-
fionaries among the Indians, whofe fubfiftence is-
paid by the Society in Scotland for propagating
t. hriftlan Knowledge. None of the Preibyterian
chutche's in this province are incorporated, as is
the

chap. iv. N E W - Y O R K. 283
the cafe of many in New-Jerfey. Their judica
tories are upon a very proper eftablifhment ; for
they have no authority by legal fanction to enforce
their decrees. Nor indeed is any religious feet,
amongft us, legally inverted with powers preju
dicial to the common privileges of the reft. The
dominion of all our clergy is, as it ought to be,
"merely fpiritual. The Epifcopalians, 'however, The Epifcopa-
fometimes pretend, that the ecclefiaftical eftablifh 1!ans Pret,end,
.._*,_,.. •, , , , , , that the church
ment in South Britain extends here ; but the whole of England w
body of the Diffenters are averfe to the doctrine. ^^ro^tcc
The point has been difputed with great fervour, of New-York.
and the fum Of the arguments againft it is con
tained in a late paper, which I fhall lay before the
reader, at large, without any additional reflec
tions. It was publifhed in September 1753. under the
title of the Independent Refleclor, and is in thefe
words :
fhe Arguments in Support of an , Ecclefiaftical Eftab- Confutation of
Mfhment, in this Province, impartially confidered iui Biel™ °
mid refuted.  Eripe turpi
Collajugo: liber, liber fum, die age. Hor.
Whether the church of England is equally
eftablifhed in the colonies, as in the fouthern parts
of Great-Britain, is a queftion that has often been
controverted. Thofe who hold the affirmative,
have drawn a long train of confequences in favour
of the Epifcopalians, taking it for granted, that
the truth is on their fide. The Prefbyterians,
Independents, Congregationalifts, Anabaptifts,
Quakers, and all thofe among us, who in England
would fall under the general denomination of Dif
fenters, are warm in the negative. I beg leave,
therefore, to interpofe in the debate ; and as I
promifed,

0*1 THE HISTORY OF
promifed, in the introduction to thefe papers, to
vindicate the religious, as well as civil, rights and
privileges of my countrymen, I fhall devote this
paper to a confideration of fo important a point :
to which I am the more ftrongly inclined, becaufe
fuch eftablifhent has often been urged againft the
fcheme I have propofed for the conftitution of our
college: My opinion is, that the notion of a
general religious eftablifhment in this province is
entirely groundlefs. According to the ftrict rules
of controverfy, the onus probandi, or the burden
of the proof, lies upon thofe who affirm the pofi-
tion ; and it would therefore be fufficient for me
barely to deny it, 1 (hall, neverthelefs, wave the
advantage of this rule of the fchools ; and, as
becomes an impartial advocate for truth, proceed
to ftate the arguments, which are generally urged
in fupport of an eftablifhment. I fhall then fhew
their infufficiency, and conclude with the particular
reafons upon which my opinion is founded.
They who affert, that the, church of England is
eftablifhed in this Province, never, that' I have
heard of, pretended that it owes its eftablifhment
to any Provincial law of our own making. Ncr,
indeed, is there the leaft ground for fuch a fuppo-
pofition. The acts, that eftablifh a Miniftry in
this, and three other counties, do not affect the
whole colony ; and therefore can by no means be
urged in fupport of a general eftablifhment. Nor
were they originally defigned to eftablifh the Epif
copalians in preference or exclufion of any other
Proteftants in thofe counties to which they are li
mited. But as the propofition is, that the efta
blifhment of the church of England is equally
binding here, as in England ; fo, agreeable there
to, the arguments they adduce are the following :
Firft, That as we are an Englifh colony, the
conftitutional laws of our Mother Country, ante-
cedent

chap. iv. NEW-YORK. 283
Cedent to the legiflature of our own, are binding
upon us ; and therefore at the planting of this co
lony, the Englifh religious eftablifhment imme
diately took place.
Secondly, That the act which eftablifhed the Epif
copal church in South Britain, previous to the
Union of England and Scotland, extends to, and
equally affects, all the colonies.
Thefe are the only arguments that can be offer
ed with the leaft plaufibility, and if they are fhewn
to be inconclufive, the pofition is difproved, and
the arguments of confequence muft be imperti
nent and groundlefs. I fhall begin with the exa
mination of the firft : And here it muft be con-
feffed, for undoubted law, that every new colony,
till it has a legiflature of its own, is, in genera],
fubject to the laws of the country from which it
originally fprang. But that all of them, without
diftinction, are to be fuppofed binding upon fuch
planters, is neither agreeable to law nor reafon.
The laws which they carry with them, and to
which they are fubject, are fuch as are abfolurely
neceffary to anfwer the original intention of our
entering into a ftate of fociety. Such are requifite,
in their new col6ny ftate, for the advancement of
their and the general profperity ; fuch, without
which they will neither be protected in their lives,
liberty, or property : and the true reafon of their .
being confidered, even fubject to fuch laws, arifes
from the abfolute neceffity of their being under
ibme kind of government, their fupporting a co
lony relation and dependence, and the evident fit-
nefs of their fubjection to the laws of their Mother
Country, with which alone they can be fuppofed
to be acquainted. Even at this day we extend every
general act of parliament which we think reafon-
able and fit for us though it was neither defigned
to be a law upon us, nor has words to include us-,
and.

THE HISTORY OF
and has even been enacted 'long fince we had &
legiflature of our own. This is a practice we have
introduced for our conveniency * ; but that the
Englifli laws, fo far as I have diflinguifhed them,
fhould be binding upon us, antecedent to our
having a legiflature of our own, is of abfolute un
avoidable neceffity. But no fuch neceffity can be
pretended, in favour ofthe introduction of any re
ligious eftablifnment whatfoever ;t becaufe, it is
evident that different focieties do exift with different
ecclefiaftical laws.; or, which is. fufficient to my
purpofe, without fuch as the Englifh eftablifh
ment ; and that civil fociety, as it is antecedent to
any ecclefiaftical effablifhments, is in its nature un
connected with them, independent of them, and
all focial happinefs completely attainable without
them. Secondly, To fuppofe all the laws ofEngland*
without diflinction> obligatory upon every new
colony at its implantation, is abfurdj and would
'effectually prevent the fubjects from undertaking
fo hazardous an adventure. Upon fuch a fuppofi-
tion a thoufand laws will be introduced, inconfift-.
ent with the ftate of a new country, and deftruo-
tive of the planters. To ufe the words 'of the late
Attorney-General, Sir Dudley Ryder *, "It would
" be acting the part of an unfkilful phyfician, who
" fhould prefcribe the fame dofe to every patient,
4' without diftinguifhing the variety of diftempers
*' and conftitutions." According to this doctrine,
we are fubjeft to. the payment of tithes, ought to
have a fpiritual court, and impoverifhed, as the
firft fettlers ofthe province muft have been, they
were yet liable to the payment of land-tax. And
had this been the fenfe of our rulers, .and their con»
duct conformable thereto, fcarce ever would our
* This praflice is very dangerous, and is affuming little lefs
than a If v iilacive authority. colonies

chap. iv. N E W - Y O R K. 287
colbnies have appeared in their prefent flourifhing
condition ; efpectally, if it be confidered, that the
firft fettlers of moft cf them, fought an exemption
in thefe American wilds, from the eftablifhment to
which they were fubject at home.
Thirdly, if the planters of every new colony carry
with them the eftablifhed religion of the country
from whence they migrate, it follows, that if a
colony had been planted when the Englifli nation
were Pagans, the eftablifhment in fuch colony muft
be, Paganifm alone : and, in like manner, had this
colony been planted while Popery was eftablifhed
, in England, the religion of Papitts muft have been
our eftablifhed religion ; and if it is our duty to
conform to the religion eftablifhed at home, we
are equally bound, againft Confcience and the
Bible, to be Pagans, Papifts, or Proteftants, ac
cording to the particular religion they fhall pleafe
to adopt. A doctrine that never can be urged, but
with a very ill grace indeed, by any Proteftant Mi
nifter !
Fourthly, If the church of England is eftablifh
ed in this colony, it muft either be founded on acts
of parliament, or the common law. That it is
not eftablifhed by the firft, I fhall prove in the
fequel ; and that it cannot be' eftablifhed by the
common law, appears from the following confi
derations. The common law of England, properly defined.
-confifts of thofe general laws to which theEnglifh
have been accuftomed, from time whereof there is
no memory to the contrary •, and every law deriv
ing its validity from fuch immemorial cuftom, muft
be°canied back as far as to the reign of Richard I.
whole death happened on the 6th of April,. 1 199.
* Afterwnu's Lord Chief Juflice of the King': Bench. Thefe
were his words, in an opinion again it the extent ot ths ftatuw
of frauds and rjerj'iriei. But

288 . THE HISTORY OF*
But the prefent eftablifhment of the church of Eng
land was not till the fifth year pf Queen Anne.
And hence it is apparent, that the eftablifhment pf
the church of England can never be argued froth
the common law even in England ; nor Could be
any part of it, fince it depends not for its validity
tipon cuftom immemorial. And therefore, though
it be admitted, that every Englifh colony is fubject
to the common law of the realm, it by no means
follows, that the church of England is eftablifhed
in the colonies ; becaufe, the common law knows
of no religious eftablifh ment, nor confiders any.
religious eftablifhment whatever, as any part- of
the Englifh Conftitution. It does, indeed, encou
rage religion ; but that, and a particular church
government, are things entirely different.
I proceed now to a confideration of the fecond
argument infilled on, to prove an Epifcopal eftab-
, lifhment in the colonies, founded on the act which
eftablifhed the church of England, paffed in the
fifth year of Queen Anne, recited and ratified iri
the Aci for an union of the two kingdoms of England
and Scotland. And that 'this act does not eftab
lifh the church of England in the colonies, has
been fo fully fhewn by Mr. Hobart *, in his Se
cond Addrefs to the Epifcopal Separation in New-
England, that I fhall content myfelf with an ex
tract from the works of that ingenious gentleman^'
which, with very little alteration, is as follows :
" The act we are now difputing about, was
" made in the fifth year of Queen A nne, and is en-,
" titled, ' An Aft for fecuring the Church of
" England, as bylaw eftablifhed.' , The occafion
" of the ftatute was this : The Parliament in Scot-
" land, when treating of an Union with England^
" were apprthenfive of its endangering their ec»
* A Minifter of one of the churches, at Fairfield, in Coii-
nefticut. " clefiafiical

<c

chap. iv. NEW-YORK. 289
" clefiaftical eftablifhment. Scotland was to have
" but a fmall fhare in the legiflature of Great Bri
tain, but forty-five Members in the Houfe of <
Commons, which confift of above five hundred,
" and but fixteen in the Houfe of Lords, which
*' then cbhfifted pf near an hundred, and might be
'* increafed by the Sovereign at pleafure, The Scots,;
** therefore, to prevent having their ecclefiaftical
" eftablifhment repealed in a Britifh Parliament^
" where they might be fo eafily out-voted by the
" Englifh Members, paffed an act previous to the
" Union, eftablifhing the Prefbyterian church
" within the kingdom of Scotland, in perpetuity,
4i and made this act an effential and fundamental
" part of the Union which might not be repealed,
" or altered by any fubfequent Britifh Parliament;
" and this put the Englifli Parliament upon paffing
" this act for fecuring the church of England.
" Neither of thenri defigned to enlarge the bounds
" of their ecclefiaftical conftitution, or extend their
" eftablifhment farther than it reached before,
*' but only to fecure and perpetuate it in its then
" prefent extent. This is evident, not only from
" the occafion of the act, but from the charitable
•" temper the Englifh Parliament was under the
" influence of, when they paffed it. The Lord
" North and Grey offered a rider to be added to
" the bill for an Union, viz. That it might not ex-
*' tend to an approbation or acknowledgment of
" the truth of the Prefbyterian way of worfhip,
" or allowing the religion of the church of Scot-
" land to be what it is ftiled, the true Proteftant
'V religion. But this claufe was rejected.  A
" Parliament that would acknowledge the religion
" of the church of Scotland, to be the true Pro-
" teftant religion, and allow their acts to extend
?' to an approbation of the Prefbyterian way of
" worfnrp, though they might think it beft to fe
ll " cure

2go THE HISTORY OF
" cure and perpetuate the church of England
" within thofe bounds, wherein it was before
«' eftablifhed, can hardly be fuppofed to hare
" defigned toextend it beyond them.
" The title ofthe act is exactly agreeable to
" what we have faid of the defign of it, and of
" the temper of the Parliament that paffed it.
" It is entitled, ' An Act' not for enlarging, but
" *< for fecuring the church of England,' and
" that not in the American plantations, but as it
" is now by law eftablifhed ; which plainly means
" nb more than to perpetuate it within its ancient
" boundaries. " The provifion made in the act itfelf, is well '
«c adapted to this defign ; for it enacts, That the
" act of the 13th of Elizabeth, and the Act of
" Uniformity, paffed in the 13th year of Charles
" II. and all and fingular other Acts of Parlia-
" ment then in force for the eftablifhment and
«' prefervation of the church of England, fhould
" remain in full force "' for ever ; and that every
*' fucceeding Sovereign fhould, at his coronation,
" take and fubfcribe an oath to rnaintain and pre-
*' ferve inviolably the faid fettlement of the church
"¦ of England, as by law eftablifhed, within the
" kingdoms of England and Ireland, the dominion
« of Wales, and town of Berwick upon Tweed,
" and the territories thereunto belonging. This
" act doth not ufe fuch expreffions, as would have
" been proper and even neceffary, had the defign
*' been to have made a new eftablifhment; butonly
" fuch as are proper to ratify and confirm an old
" one. The fettlement, which the King is fworn
" to preferve, is reprefented as exifting previoufly
" to the paffing. this act, and not as made by it.'
» " The words of the oath are, to maintain and pre-
" ferve inviolably the faid fettlement. If it be
" afked, what fettlement ? The anfwer muft be,
a fet-

chap. iv. N E W . Y O R K.
" a fettlement heretofore made and confirmed by
" certain flatutes, which for the greater certainty
" and fecurity are enumerated in this act, and
" declared to be unalterable. This is the fettle-
" ment. the King is fworn to preferve, and this
¦" fettlement has no relation to us in America:
*' For the act, which originally made it, did not
" reach hither ; and this act, which perpetuates
" them, does not extend them to us."
It is a miftake to imagine, that the word terri
tories neceffarily means thefe American colonies.
" Thefe countries are ufually in law, as well as
*' other writings, ftiled colonies or plantations, and
" not territories. An inftance of this we have in
" the charter to the Society for propagating the
" Gofpel in foreign Parts." And it is the inva
riable practice of the legiflature, in every act of
parliament, both before and after this act, defigned
to affect us, to ufe the words colonies or plan
tations. Nor is it to be fuppofed, that, in fo im
portant a matter, words of fo direct and broad an
intent would have, been omitted. " The iflands
" of Jerfey and Guernfey were properly territories
" belonging to the kingdom of England, before
" the Union took place ; and they Hand in the
** fame relation to the kingdom of Great Britain
" fince. The church of England was eftablifhed
" in thefe iflands, and the legiflature intended to
" perpetuate it in them, as well as in England it-
*' felf ; fo that as thefe iflands were not particularly
"' named in the act, there was occafion to ufe the
" word territories, even upon the fuppofition,
" that they did not defign to make the eftablifh-
" ment more extenfive than it was before this law
" paffed." Further, in order to include the plan
tations in the word territories, we muft fuppofe it
always to mean every other part of the dominions
not particularly mentioned in the inftrument that
' U 2 ufcs

291

392 THE H I S T 0- R V OF
ufes it, which is a conftruction that can never be"
admitted ; for, hence it will follow, that thofe com
miffions which give the government of a colony,
and the territories thereon depending in America
(and this is the cafe of every one of them) extend
to all the American colonies, and their governors
muft of confequence have reciprocal fuperintenden-
cies ; and fhould any commiffion include the word
territories generally, unreftricted to America, by
the fame conftruction the Governor, therein men
tioned, might exercife an authority under it, not
Only in America, but in Africa and the Indies, and
even in the kingdom of Ireland, and perhaps, in
the abfence of the King, in Great Britain itfelf.
Mr. Hobart goes on, and argues againft the efta
blifhment from the light in which the Act of Union
has, ever fince it was paffed, been confidered.
" Dr. Biffe, Bifhop of Hereford (fays he) a
" member of the fociety, preached the annual
" fermon, February 21, 1717, ten years- after the
" Act of Union took place ; and he fays, it would
" have well become the wifdom wherewith that
" great work (the reformation or eftabliihrrient cf
" the church of England) was conducted in this
" kingdom, that this foreign enterprife (the fet-
" tlement of plantations in America) alfo fhould
" have been carried on by the government in the
" like regular way. But he owns the government
*' at home did not interpofe in the cafe, or eftablifh
" any form of religion for us. In truth (fays his
Lordfhip) the whole was left to the wifdom of
the firftproprietors, and to the conduct of every
private man. He obferves, that of late years
" the civil intereft hath been regarded, and the
li dependance of the colonies, on the Imperial
" Crown of the realm, fecured : but then, with
" regard to the religion of the plantations, his
" Lordfhip acknowledges, that the government " itfelf

n
.«..

chap. iv. N E W - Y O R K.
" itfelf here at home, fovereign as it is, and in."
" vefted doubtlefs with fufficient authority there,
" hath not thought fit to interpofe in this matter]
' otherwife than in this charitable way : it hath
" enabled us to afk the benevolence of all good
"¦ Chriftians towards the fupport of Miffionaries
" to be fent among them.. Thus Bifhop Biffe
" thought as I do, and that the Act of Union,
w nor any other law prior thereto, did extend the
" eftablifhment to the plantations ; and if the fo-
" ciety had not been of the fame opinion, they
*' would hardly have printed and difperfed his fer-
" mon. Neither did the civil rulers of the nation,
" who may juftly be fuppofed acquainted with its
" laws, think the Aft of Union, or any other
" law, eftablifhed the church of England in Ame-
" rica. This is plain from the letter of the Lords
" Juftices to Governor Dummer, in the year 1725,
" almoft twenty years after the Union, wherein
" they fay, there is' no regular eftablifhment of
" any national or provincial church in thefe plan-
" tations.
" If it be urged, that the King's commiffion to
" the late Bifhop of London, proves an ecclefi-
" aftical eftablifhment here, it is fufficient to an
fwer, that his Lordlhip was remarkable for fkill
in the laws, fo far as they relate to ecclefiaftical
affairs, as appears from his Codex ; and he was
of the contrary opinion, for in 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 Proteftants ; none of which Can
claim the name of a national eftablifhment, or
any kind of fuperiority over the reft. This
opinion the Bifnop gave not only fince the Act
of Union, but even feven years after he had
received his commiffion ; and furely it muft be
U 3 ''• admir,-

293

(S

z94 THE HISTORY OF
" admitted, that as he had time enongh to con*.
" fider it,^fo he, of all others, beft underftood, it."
Thus far "Mr. Hobart. With refpect to the Act
v of Union, I beg leavg only to fubjoin, that it is
highly probable the Scotch Parliament believed the
Englifh intended to eftablilh their church only in
England. For in the clofe of the act, by which.-
they had eftablifhec] ' the Prefbyterian church In
Scotland, it is declared in thefe exprefs words,
That the Parliament of England may provide for
the fecurity of the church of England, as they
think expedient, to take place within the bounds,
of the faid kingdom of England. And whatever
latitude the word kingdom has in common fpeech,
it, in a legal fenfe, is limited to England, properly
fo called, and excludes the plantations. '
Nor can we fuppofe, that the church of Eng^
land is eftablifhed in thefe colonies, by any acts
prior to the Act of Union above confidered. For
befides the feveral opinions againft fuch fuppofition
already adduced, it is unreafonable to imagine,
' that if there was any fuch eftablifhment, King
Charles II. in direct repugnancy thereto, fhould
have made the grant of Penfylvania, and given
equal privileges to all religions in that province,
without even excepting the Roman Catholicks ;
and that the colonies of Rhode-Ifland, Connecticut,
and the Maffachufets Bay, fhould be permitted to
make their provincial eftabliihments, in oppofition
to an antecedent eftablifhment of the church of
England, efpecially as the laws of the Maffachufets
/-, Bay province are conftantly fent home, and the
, King has the abfolute power of repealing every
act he fhould think improper to be continued as
a law. Whoever, therefore, confiders this, and
that the King is fworn to preferve the church of
England eftablifhrnent,, muft neceffarily conclude,
that whatever fentiments may obtain among the
Epifco-

chap. iv. N E W-Y O R K. 295
Epifcopalians in America, our Kings and their
Councils have always conceived that fuch eftablifh
ment. could by no means be extended to us. As
to Connecticut, all the Epifcopalians of that colony,
and even their Minifters, were legally compellable
to contribute to an annual tax for the fupport of
the congregational clergy, till of late they were
favoured with a law which grants them a privilege
of exemption from that iniquitous and unreafon
able burden. But whether they are fubject to the
like unchriftian impofition in the other colonies
above-mentioned, I am not fufficiently acquainted
with their laws to determine *.
The 13th number of the Watch Tower pub
lifhed at New-York in 1755, efpoufes the fame
fide with the author of the Reflector, adds feveral
new arguments, and the opinions of eminent coun
fel at law, and confiders the force of what is ad- ,
vanced by the late Dr. Douglafs in favour of his
pofition, that the religious ftate of the American
plantations is an univefal toleration of Proteftants
pf every denomination.
The Clergy of this province are, in general, but condition of tht
indifferently fupported : it is true they live eafily, clergy'
but few of them leave any thing to their children.
The Epifcopal Miffioners, for enlarging the fphere
of their fecular bufinefs, not many years ago at
tempted, by a petition to the late Governor Clin
ton, to engrofs the privilege of folemnizing all mar
riages. A great clamour enfued, and the attempt
was abortive. Before that time the ceremony was
even performed by Juftices ofthe Peace, and the
Judges at Law have determined fuch marriages to
* I believe there is no juft caufe for the complaints tranf-
rnitted by the Miffionaries. Dr. Douglafs affigns feveral in
stances of grofs mifreprefen rations and falftioods. — Vide his
Summary, 2d Vo!. p. 139. Bofton Edit. 1753, and the,
yVatch Tower, No. XLI. publifhed at New-York in 1755.
U 4 be

296. THE HISTORY OP
u' nT" '"ar" ^e ^eg^- The Governor's licenfes now run to,
ri^M^re grantr' " All Proteftant Minifters ofthe gofpel." Whether
fVl™-1 -ar°: the Tuftices act ftill, when the banns are publifhed
in our churches, which is cuftomary only witn the
poor, I have not been informed. Marriage in a
new country ought to have the higheft encourage- ,
ments, and it is on this account, perhaps, that we
have no provincial law againft fuch as are clandes
tine, though they often happen, and, in fome
cafes, are attended with confequehces equally- me
lancholy and mifchievous.
Number of the As to the number of our Clergymen, it is large
>* enough at prefent, there being but few fettiements
unfupplied with a miniftry, and fome fuperabound.
In matters of religion we are not fo intelligent, in
genera.l, as the inhabitants of the New England
colonies ; but both in this refpect and good moralsj
. we certainly have the advantage of the fouthefn
provinces. One of the King's inftructions to
our Governors, recommends the inveftigation of
means for the converfion of Negroes and Indians.
An attention to both, efpecially the latter, has been
Negligence of too little regarged. If the Miffionaries of the
AKifionarU* ith Englifh fociety for propagating the Gofpel, inftead
icfpeft to the of being feated in opulent chritlianized towns, had
inXm tochri! been fent out t0 Preach among the Savages, un-
ftianity. fpeakable, political, advantages would have flowed
from fuch a falutary meafure. Dr, Douglafs, a
fenfible immethodical writer, often incorrect, ex
pects too much * : befides, he treats the Miffio- ,
naries with rudenefs and contempt, and lafhes
their indolence with unmerciful acrimony.
* " Our young Miffionaries may procure a perpetual al-
" liance and commercial advantages with the Indians, which
" the Roman Catholic Clergy cannot d,o, becaufe they are
*' forbid to marry. I mean our, Miffionaries rrray intermarry
" with the daughters ofthe Sachems, and other confiderable In-
" dians, and their progeny will for ever be a certain cement be-
" tween us and thelndians." Doug!. Sum, &c. Vol. 2. p. 139,
«' Bofton Edit. 1753.", CHAP;

¦e»jy. v. N E W - Y O R £. 297
C HA P. V.
The Political Stati,
THIS colony, as a part pf the King's domi
nions, is fubject to the contrdul of the Bri
tifh Parliament, but its more immediate govern
ment is vefted in the Governor, Council and Ge
neral Affembjy.
The Governors in Chief, who are always ap
pointed by the King's commiffion under the Great
Seal of Great Britain, enjoy a yaft plenitude of
power, as may be feen in their patents, which are
nearly the fame. The following is a copy of that
to the late Sir DanversOfborn ; m
GEORGE the Second, by the grace of God, The ?nwrw'«
e r^1' f» •' ' • 't-> i t i 1 rr- t-. commiffion.
of Great Britain, trance, and Ireland, King, De
fender of the Faith, and fo forth. To our trufty
and well beloved Sir Danvers Ofborn, Baronet,
greeting. Whereas we did by our letters patent
under our Great Seal of Great Britain, bearing date
at Weftminfter the third day of July, in the 15th
year of our reign, cohftitute and appoint the Ho
nourable George Clinton, Efq, Captain General
and Governor' in Chief in and over our province of
New- York, and the territories depending thereon
in America, for and during our will and pleafure, 1
as by the faid recited letters patent (relation being
thereunto had) may more fully and at large appear:
now know you that we have revoked and deter- *"""*"" i?
7 J . 1 j j tne patent or ttiq
mined, and by thele prefents do revoke and deter- un Governor.
rnine, the faid recited letters patent and every
claufe, article, and thing therein contained. And
further know you, that we, repofing efpecial truft
and confidence in the prudence, courage, and loy
alty,

Appointment cf the new Go
vernor.

298 THE HISTORY, OF
alty, of you, the faid Sir Danvers Ofborn, of our
efpecial grace, certain knowledge, and mere mo-
' tion,, have thought fit to conftitute and appoint you,
the faid Sir Danvers Ofborn, to be our Captain
General and Governor in Chief in and over our
province of New- York, and the territories depend--
ing thereon in America : and we do hereby require
and command you to do and execute all things in
due manner that fhall belong unto your faid com
mand, and the truft- we have repofed in you, ac
cording to the feveral powers and directions grant
ed or appointed you by this prefent commiffion
and the inftructions herewith given you, or by
fuch further powers, * inftructions, and authorities,
as fhall at any time hereafter be granted or , appointed
you under ouffignet andfign manual, or by our order
in our Privy Council, afid, according to fuch rea-
fonable laws and ftatutes as are now in force, or '
hereafter fhall be made and agreed upon by you,
With the advice and confent of our council and the
affembly, of our faid province under your govern
ment, in fuch manner and form as is hereafter ex-
preffed. And our will and pleafure is, that you
the faid Sir Danvers Ofborn, after the publication
of thefe our Letters Patent, do in the firft place
' take the paths appointed to be taken by an act
paffed in the firft year of our late royal father's
Js^^^f reign, intituled, " An acl ¦ for the further fecurity
of My Majeftfs perfon and government, and the fuc
ceffion of the Crown in the , heirs of the late Princefs
, Sophia, being Proteftants, and for extinguifhing the
hopes of the pretended Prince of Wales, and his open
tind fecret abettors •" as alio that you make and
The decia,a,i„n lubicribe the declaration mentioned in an aft of

Oaths to
t^ken by
Governor.

be
the

ngair.ftTidnfub-ila tiat

in, men- Parliament made in the twenty-fifth year of the
.;'Jxftat' reign of King Charles the Second, intituled, " An,
* Shtere, Whether fuch povyeA would be legally delegated
by an niitrumen: under the King's Signet and Sign Manual ?
M

chap. v. N E W - Y O R K. 299
&tl for preventing dangers which may happen from
JPopiJh Recufants -," and likewife that you take the
ufual oath for the due execution of the office and Oath of Office.
truft of our Captain General and Governor in
Chief in and over our faid province of New-York,
and the territories depending thereon, for the due
and impartial adminiftration of juftice-, and fur-'
ther that you take the oath required to be taken by Oath concerning
Governors of plantations to do their utmoft that"
the feveral laws relating to trade and the plantations
be obferved ; which faid oaths and declaration our
council in our faid province, or any three of the
members thereof, have hereby full power and au
thority, and are required, tQ tender and adminifter
unto you, and in your abfence to our Lieutenant
Governor, if there be any upon the place-, all which
being duly performed you fhall adminifter unto each Oaths to beta.
of the members of our faid council, as alfo to our M"mb/rs ofthe
Lieutenant Governor, if there be any upon thee™"'11-
place, the oaths mentioned in the faid act, intituled,
" An atl for the further fecurity of his Majefty's
perfon and government, and the fucceffion of the Crown
in the heirs of the late Princefs Sophia, being Pro- Thofeappointei
t eft ants, and for extinguifhing the hopes of the pretended Geo."i. '
'Prince of Wales, and his open and fecret abettors ¦"
as alio to caufe them to make and fubferibe the
afore-mentioned declaration, and to adminifter to Declaration
them the oath for the due execution of their places ^iZTomTc.
and trufts. And we do hereby give and- grant
unto you full power and authority to fufpend any J^"/,^
ofthe members of our faid council from fitting, Members of th3
voting, and aififting therein, if you fhall find juft Counc,L
caufe for fo doing ; and, if there fhall be any
Lieutenant Governor, him likewife to fufpend
from the execution of his command, and to ap
point another in his fte'ad until our pleafure v be
known ; and if it fhall at any time happen that,
by the death, departure out of our faid province,
..? '¦¦ . - or

3oo THE HISTORY OF
or fufpenfion of any of our faid councillors, ot
otherwife, there fhall be a vacancy in our faid
Council (any three whereof we do hereby appoint
to be a quorum) our will and pleafure is, that you
fignify the fame unto us by the firft opportunity,
that we may under outfignet and fign manual con-
Power to ap: ftitute and appoint others in thejr ftead. But, that
forsnttiii°thei: our affairs may not fuffer at that diftance for want
number of the 0f a due number of councillors, if ever it fhould
Members i. fe- happen tfaat there bg fefi than feven of fam
refiding in our faid province, we do hereby give
and grant unto you, the faid Sir Danvers Ofborn,
full power and authority to chufe as many perfons
out of the principal freeholders, inhabitants
thereof, as will make up the full number of our
faid council to be feven and no inore •, which
perfons fo chofen and appointed by you fhall be
to all intents and purpofes councillors in our faid
province, until either they fhall be confirmed by
us' or that, by the nomination of others by us
Power, with under our fign manual and fignet, our faid council
the coun^i, to fhall have feven or more perfons in it. And we
'can anAffembiy. do hereby give and grant unto you full power and
authority, with the advice and confent of our faid
council, from time to time as need fhall require,
to fummon and call general affemblies of the faid
freeholders and planters within your government
according to the ufage of our province of New-
i ork. And our will and pleafure is that the per
fons thereupon duly elected by the major pare of
the freeholders ofthe refpective counties and places
and fo returned, fhall, before their fitting, take
Oaths w beta, fa' oaths mentioned in the faid act intitled " An
kcll 1 7 the '
jvL-mbtn i fcen- Acl for the further Security of his Majefty s Perfon
'4' and Government and the Succeffton of the Crown in the
Heirs of the late Princefs Sophia, being Proteftants,
and for extinguifhing the Hopes of the pretended
prince cf Vy"a!es and his open and fecret Abettors ¦," as

chap. v. N E W - Y O R K. 301
as alfo make, and fubfcribe the aforementioned Declaration
j. • . , . . , . . arore. mentioned
declaration : (which oaths and declarations you is 10 be fub-
fhall commiffionate fit perfons under our feal of fcr,btd bj them*
New- York to tender and adminifter unto themj)
and until the fame fhall be fo taken and fubfcribed,
no perfon fhall be capable of fitting though elected.
Arid we do hereby declare that the perfons fo
elected and qualified fhall be called and deemed ^ae™eb °f 'fbe
the general affembly ofrhatour province and the elected and q°ua-
territories depending thereon. And you, the faid lirt,d-
Sir Danvers Ofborn, by and with the confent of
our faid council and affembly or the major part
of them refpectively, fhall have full power and [™er l0 make
authority to make, conftitute, and ordain, laws,
" ftatutes; and ordinances for the public peace, wel
fare, and good government of our faid province,
and of the people and inhabitants thereof, and
fuch others as fhall refort thereto, and for the
benefit of us, our heirs, and fucceffors: which wUch th*i »*
r . , , n i i- , be repugnant tu.
laid laws, ftatutes, and ordinances are not to De,b-aw» tGau
repugnant, but, as near as may be, agreeable, to Bii;aii-
the laws and ftatutes of this our kingdom of Great-
Britain. Provided that all fuch law; , ftatutes, and
ordinances, of what nature or duration foever, be,
within three months or fooner after the making
thereof, tranfmitted unto us under our feal or „^e (h.u bt
New- York for our approbation or difallowance of l™',''''''dtt,'j1 !"
the fame ; as alfo duplicates thereof by the next th «mo,.t.iS.
conveyance. And in cafe any or all of. the faid if ^.v ."eat
laws,' ftatutes, and ordinances, being not before dVilwcV'i,^,
confirmed by us, fhall at any time be difallowed png'. the. ii^u
. J , ' , r r • r 1 1 lieni-etor.h bc-
and not approved, and 10 hgnihed by us, oureomeToui.
heirs, or fucceffors, under our, or their, fign
manual and fignet, or by order of our, or their,
privy council unto you, the faid Sir Danvers
Ofborn, or to the Commander in Chief of our laid
province for the time being ; then fuch and fo
many of the faid laws, ftatutes, and ordinances as

302 T HE HISTORY OF
fhall be fo difallowed and not approved, fhall froni
thenceforth ceafe, determine, and become utterly
void and of none effect, any thing to the contrary
The Governor thereof notwithftanding. And, to the end that
sVt!v=aVvoicaene" nothing may be paffed or done by our faid council
againft both or affembly to the prejudice of us, our heirs, or
Affersbiy.3" fucceffors ; we will and ordain that you, the faid
Sir Danvers Ofborn, fhall have and enjoy a nega-
tive voice in the making and paffing of all laws,
power of ad- ftatutes, and ordinances as aforefaid : and youfliall
.iourning, proro- ... -r r • • rtn
guing, and dif and may likewife from time to time, as you fhall
fmbi8 the Af J^ge it neceffary, adjourn, prorogue, and diffolve
Power' to keep all general affemblies as aforefaid. And our fur-
»nd ufe the pub-tner wiij and pleafure is that you fhall and may ufe
and keep the public feal of our faid province of
New-York for fealing all things whatfoever that
pafs the great feal of our faid province under your
Power to admi- government. And we do further give and grant
ttorT^Vtbers" unto you, the faid Sir Danvers Ofborn, full power
to adminifter, to and authority from time to time and at any time
prince"" the " hereafter, by yourfelf or by any other to be autho- \
oaihs appoimed r|zecj Dv yOU jn that behalf, to adminifter and.
Geo. f?" ' give the aforementioned oaths to all and every
fuch perfon and perfons as you fhall think fit, who
fhall at any time or times pafs into our faid pro-
power, with the vince or fhall be fefident or abiding there. And
council, t°0f erea we do further by thefep prefents give and grant unto
coons ot jadica- you, the faid Sir Danvers Ofborn, full powerand
authority, with the advice and confent of our faid
council, to erect, conftitute, and eftablifh fuch
and fo many courts of judicature and public juf
tice within our faid province under your govern
ment as you and they fhall think fit and neceffary
for the hearing and determining of all caufes, as
well criminal as civil, according to law and equity*
and for awarding execution thereupon •, with all
reafonable and neceffary powers, authorities, fees4
and privileges belonging thereunto i as alfo to ap
point

lure.

chap. v. N E W - Y O R K. 303
point and commiffionate fit perfons in the feveral Ani t0 cf>m-
r . r . ._ . . m flionate fit
parts ot your government to adminifter the oaths perrons to admi-
mentioned in the aforefaid act intituled 4< An Ail nife:' ths, °aths
r 7 r 7 n r appointed by
for the further Security of his Majefty s perfon scat. i. Geo. r,
and Government an!d the Succeflion of the Crown in !-nd thc ,Jf c^ra_
, , , ^ tion againft
the Heirs of the late Princefs Sophia being Pro- Tranfub.tantia-
teftants and for extinguifhing the Hopes of the pre ^™0^nl"{™
tended Prince of "Wales and his open and fecret fuch courts.
abettors," as alfo to tender and adminifter the
aforefaid . declaration unto fuch perfons belonging
to the faid courts as fhall be obliged to take the
fame. And we do hereby authorize and impower p°wcr '°, aP-
n- 1 • ¦ 1 l ¦ r po'Ot Judf-i,
you to conftitute and appoint judges, and in caies commiffioners
requifite commiffioners of oyer and terminer, ju-ofOyerandTer-
iy- r 1 j j rr r- A mmer' Ju(lces
Itices of the peace, and other neceliary officers and 0fthePe.ce,ani
minifters in our faid province for the better admi- j^^"1"" of
niftration of juftice and putting the laws in exe
cution, and to adminifter, or caufe to be admini.
ftered, unto them fuch oath or oaths as are uilially
given for the due execution and performance of
offices and places and for the clearing of truth
in judicial caufes. And we do hereby give and ivvcr
grant unto you full power and authority, where J"
you fhall fee caufe or fhall judge any offender or
offenders in criminal matters, or for any fines or
forfeitures due unto us, fit objects of our mercy,
to pardon all fuch offenders, and remit aU fuch
offences, fines, and forfeitures (treafon and wil
ful murder only excepted) in which cats you
fhall likewife have power upon extraordinary oc
cafions to grant reprieves to the offenders until,
and to the intent that, our royal pleafure may be
known therein. And we do by thefe prefents au- £»«£ ^^
thorize and impower you to collate any perfon ora(ticai benefiey.
perfons to any churches, chapels, or other eccle
fiaftical benefices within our laid province and ter
ritories aforefaid, as often as any of them fhall
happen '

don criroej.

364 T H E H I S T O R Y tf F
i>0wer to levy happen to be void. And we do hereby giye ana
pio7themnagainft grant unto you, the faid Sir Danvers Ofborn, -by
enemies, pi- VOurfelf or by your captains and commanders by
td"' a re you to be authorized, full power and authority to
levy, arm, mufter, command, and employ alt
perfons whatfoever refiding within our faid pro
vince of New- York and other the territories under*
your government* and, as occafion fhall ferve,
to march from one place, to another, or to em
bark them for the refilling and withftanding of alt
, enemies, pirates, and rebels both at fea and land y
and to tranfport fuch forces to any of our planta
tions in America, if neceffity fhall require, for the
defence of the fame againft the invafions or at
tempts of any of our. enemies; and fuch enemies,
pirates, and" rebels if there fhall be occafion, to
purfue and profecute in or out of the limits of
our faid province and plantations, or any of, them,
and, if it fhall fo pleafe God, them to vanquifh,
apprehend, and take, and, being taken, either
according to law to put to death or keep and
And to exe- preferve alive at your difcretion : and to execute
cute martial law r . , . ... r . r .
in time of war. martial law in time of invafion, or other times
when 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,
Power, with or ought of right to, belong. And we do hereby
the confent of . ° . ° r ° i i ¦
the council, to give and grant unto you full power and authority,
Ca'fUe f°m and y anc* w'tn t'ie &^v'ice and confent of our faid
council, to erect, raife, and build in our faid pro
vince of New- York and the territories depending
thereon, fuch and fo many forts and platforms,-
cailles, cities, boroughs, towns and fortifications
* as you, by the advice aforefaid, fhall judge neceP
and to fortify fory ; and the fame, or any of them, to fortify
and furmillthem , > ¦ n • i i • • 1 it
with, arms, Sec and iurnifn . with ordnance, ammunition, and all
forts of arms fit and neceflary for the fecurity and
defence of our faid province ; and, by the advice
aforefaid,

bbap. v. N E W - Y o' R £ 3oS.
aforefu'd, the fame again, or any of them, to
demohfh or difmantle, as may be moft convenient.
And forafmuch as divers mutinies and difOrders/and f? dcmoKl'"
may happen by perfons fhipped and employed at ?wfaantk
fea during the time of war-, and to the end that
fuch as fhall be fhipped and employed at fea dur
ing the time of war may be better governed and
ordered •, we do hereby give and grant unto you, *'°wet t0 aP-
the faid Sir Danvers Ofborn, full power and au- IT.^/oZ
thority to conftitute and appoint captains* lieute- fersoffllips,an'1
n.' . c H ¦ 1 1 - to grant them
nants, matters ot fhips, and other commanders commiffions to
and officers; and to grant to fuch captains, ""u.tttheIa"-
In r ^^ . r ' martial accord-
leutenants, matters ot fhips, and other com- ing to the stat.
manders and officers, commiffions to execute fci"rCiTand,«"
the law martial . during the time of war ac- Geo. 11.
cording to the directions of the two acts, the
pne paffed in the thirteenth year of the, reign of
King Charles the Second, entituled " An Afi for
the eftablifhing Articles and Orders for the regu
lating and better Government of his Majefty 's Na
vies, Ships of War, and Forces by Sea" and the
other paffed in the eighteenth year of our reign
entituled, " An Atl for the further regulating and
better Government of his h Majefty's Navies, Ships
of War, and Forces by ¦ Sea. and for regulating
Proceedings upon .Courts Martial in the Sea Ser
vice ;'' and to ufe fuch proceedings, authori
ties, puhifhmerits, corrections, and executions
upon1' any offender or offenders who fhall be mu
tinous, feditious, diforderly, or any way unruly,
either at fea, or duririg the time of.their abode or
refidence in any of the ports, harbours, or bays of
our faid province arid territories, as the cafe fhall
be found td require, according to the martial law
and the faid direction during the time of war as
afoftfaid Provided that nothing herein contained TVs m.-n not
<t , i ; ;-i , 1 iv u affect any Orfi-
iball be ccnflrued to the enabling you, or any by cerSj seamen,
your authority,, to hold plea or have .any jurif- lt0£"fe£™a
A diction commiffioned by

3o6 The h fs.T or y o f
the Admiralty, dj^jon 0f any offences, caufe, matter, or thine;,
when they com- . ¦ . ' , ' , ' " , ' , - ',' ,- .
mit offences committed or done upon the high lea or within
either en the afiv £ fa havens rivers', or creeks of our faid
high fea, or in ' . , . - . , ~
any river, creek, province and territories under your government,
or haven. jjy anv captain,- "commander, lieutenant, mafter,
officer, feaman, foldier, or pther perfon what
foever, who fhall be in our actual fervice and pay
in or on board any of our fhips of war, or other
veffels, acting by immediate commiffion or war
rant from our commiffioners for executing the of
fice of our High Admiral, or from our High Ad
miral of Great Britain for the time_ being,' under
fiut thefe rer- the feal of our Admiralty : but that fuch captain,,
f8-nSd fo1" fuc^of commander, lieutenant, mafter, officer, feamari,
fence either by foldier, or dther. perfon, fo offending fhall be left
commnfions ^e proceeded againft and tried as their offences
under the great r . p
(eai of Great fhall require, either by commiffion under our
KVeTtat gre:" feal of Great-Britain as the ftatute of the
28.Hen.ym, twenty eighth of Henry the Eighth directs, or by
iTomthTAdmi" commiffion from our faid commiffioners for exe-
raity, according cuting the office of our High Admiral, or from our
tioBe"aar.men" High Admiral of Great-Britain for the time being,
But for of- according to the aforementioned acts. Provided
jencts commit- neverthelefs that all diforders and m'ifdemeanors
led on fliore, .
theie perfos committed on fhore by any captain, commander,
' SLtco^ lieutenant, matter, officer, feaman, foldier, or
ing to theiaws other perfon whatfoever belonging to any of our
^herte tiw- ^lPs of war or other veffels, acting by immediate
fence ihaii be commiffion or warrant from our faid commiffioners
committed. for fiitcutjng tJ,e office Qf Qur High Admira]) Qr
from our High Admiral of Great-Britain for the
time being, under the feal of our Admiralty, may
b'e tried and punifhed according to the laws of
the place where any fuch diforders, offences, and
mifdemeahors fhall be committed on fhore, not-
withftahding fuch offenders be in our actual feiv
vice and born in our pay on board any fuch our
fhips of war, or 'other veffels adting by immediate
commiffion

chap. v. N E W . Y O R £ 30?
commiffion or warrant from our faid commiffioners
tor executing the office of our High Admiral, or
from pur High Admiral of Great-Britain for the
time being, as aforefaid, fo as he fhall not receive
any protection for the avoiding of juftice for fuch
.offences committed on fhore from any pretence of
his being employed in our fervice at fea. And Power, with
our further will and pleafure is that all public Z ^ £
monies raifed or which fhall be raifed by any act dirpore of ' aU

monies

to be hereafter made within our faid province and SfeL the pro-
other the territories depending thereon, be iffued vin« f r the
out by warrant from you, by. and with the advice J±^.th*
and confent of our council, and difpofed of by you
for the fupport ofthe government and not other-
wife. Ahd we do hereby likewife give and grant Power, with
Unto you full power and authority, by and with the ccmfent of
the advice arid confent bf our Taidfcouttcil, to fettle tltiZ"!' "
and agree with the inhabitants of bur province
and territories aforefaid for fuch lands, tene
ments, and hereditaments as now are, or hereafter
fhall be, in our power to difpofe of, and theni to
grant to any perfon or perfons Upon fuch terms and
under fuch moderate quit-rents, fervices, and ac
knowledgments, to be thereupon referved unto us,
as you, fey and with the advice afdrefaidj fhall
think fit : which faid grants are to pafs arid be The g™nts "»
feald by our feal of New-York, and being entered pUbiicnd(eaithand
upon recordj i by fuch officer or officers as are or t0 be regiftered.
fhall be appointed thereunto, fhall be good and
effectual in the law againft us, our heirs and fuc
ceffors. And we do hereby give you, the faid Sir power, with
Danvers Ofborn, full power to order and appoint ** £°*%£i t0of
fairs, marts, and markets, as alfo fuch and fo appoint fair»'and
many ports, harbours, bays, havens, and other ™ur£ls,anJar'
places for the convenience and fecurity of fhipping, wharfs.
'and for the better loading and unloading of goods
«ind merchandizes, as by you, with the advice and
confent of our faid council, fhall be thought fit
X 2 and

338 THE HISTORY O ?
au officers, ancl neceffary. And we do hereby require and «
tlry/ld^iii command all officers and minifters civil and mili-
other inhabi- tarv^ anc\ aU other inhabitants of our faid province
"nce,c'are\orbe and territories depending thereon, to be obedient,
aidmg and affift- airjintr', and affifting unto-you, the faid Sir Danvers
lne?n0'r 'in0 the°" Ofborn, in the execution of this our commiffion
execution. f this ancj tne" powers and authorities herein con-
and"Pin 'cafe of tained ; and in cafe of your death or abfence out
the death ;r0f-our faid province and territories depending
abfence, of the r i "- •
Covemor. to thereon, to be obedient, . aiding and auitting unto
gI^ZT^' «uch perfon as fhall be appointed by us to be our
Con.mander in Lieutenant Governor, or Commander in Chief of
tin.^brfng.*6 our faid province •, to whom we do therefore by
thefe prefents give and grant all and Angular
the powers and authorities herein granted, to be
by him executed and. enjoyed during our pleafure,
or until your arrival within our faid province and
in cafe of the territories. A,nd if, upon your death, or abfence
oft* Gwem" out of our faid province and territories depending
ant it e ere be thereon, there be no perfon upon the place com-
Govern^rTn^he miffionated or appointed by us to be our Lieute-
pro.in.e, the - nanr_ Governor or Commander in Chief of our
prince 'fliaiie faid province, our will and pleafure is that the
devolve up n e\r\c{\. Counfellor, whofe name is firft placed in our
the tldcftCoun- ,, . ¦, . n n ¦ i i n 11 i ¦ /•
feiior. laid inftructions to you and who fhall at the time or
your death or abience be refiding within our (aid
province of New York, fhall take upon him the
adminiftration of the government, and execute
oiir faid commiffion and inftructions and the feveral
powers and authorities therein contained, in the
fame manner and to all intents and purpofes as
other our Governor and Commander in Chief of
our faid province fhould or ought to do in cafe of
your abfence until your return, or in all cafes until
Captainc'ene;0!! our further pleafure be known therein. And we
and Go'vein.r in c|0 hereby declare, ordain, and appoint that you,
prince ftiainK the faid Sir Danvers Ofborn, fhall and may hold,.
held only during exeeiUe anfj enjoy the office and place of our
fure. * Laptain

chap. v. NEW-YORK. 309
Captain General and Governor in Chief in and
over our province of New-York, and the territories
depending thereon, together with all and Angular
the powers and authorities hereby granted unto
you, for and during our will and pleafure. And '
whereas there are divers colonies adjoining to our
province of New York, for the defence and fecu
rity whereof it is requifite that due care be taken
in time of war : we have therefore thought it ne
ceffary for our fervice, and for the better protec
tion and fecurity of our fubjects inhabiting thofe
parts to conftitute and appoint ; and we do by Grant of the
thefe prefents conftitute and appoint, you, the faid office of captain
Sir Danvers Ofborn, to be our Captain General and co^and™ in
Commander in Chief of the militia and all the chief ofthe mu
r , r r 1 1 • 1 • r- *llla anl o'her
forces by lea and land within our colony of Con forces, both by
nedticut, and of all our forts, and places of ftrength [?* ™^y d;/f
within the fame, and for the better ordering, go co.,neaicut.
verning, and ruling our faid militia and all our
forces, forts, and places of ftrength within'ou'r faid
colony of Connecticut, and we do hereby give and
grant unto you, the laid Sir Danvers Ofborn, and,
in your abfence, to our Commander in Chief of
our province of New- York, all and every the like
powers as in thefe prefents are before granted and
recited for the ruling, governing, and ordering our
militia, and all our forces, forts, and places] of
ftrength within our province of New- York, to be
exercifed by you, the laid Sir Danvers Ofborn, and,
in your abfence from our territories and dominion
of New- York, by our Commander in Chief of our
province of New-York, vyithjn our faid colony of
Connecticut for and during our pleafure. In wit
nefs whereof we have caufed thefe our letters to
be made patent. Witnefs ourfelf at Wcftminftcr
the firft day of Auguft in the twenty-feventh year
of our reign. By writ of privy feal,
Yorke and Yorke.
X 3 The

Jto T H E H I S T O R Y $ E
?\e o?yefl">f'» The inftructions, received with the commiffion,
inftruftions. .¦¦,••' /•' i ji . ', v
are explanatory of the patent, and regulate the
Governor's conduct on almoft every common con
tingency '*.
Hi. fai ty and ' The falary generally granted to the Governor by
Perluifltes' ''' the inftructions is 1200I. Sterling out ' of the re
venue here ; but' that being an infufficientfund,
the Affembly, in lieu of it, give him annually
1560I. currency. The perquifites perhaps amount
io as much more. '"•'¦'
This office was formerly very lucrative, but be
comes daily lefs' confiderable, becaufe almbft all the
?, valuable tracts of lands are already taken up. **
The Council. The Council, when full, confifts of twelve mem-
' bers appointed by the King's mandamus under the
fign manual.' All their privileges and powers are
contained in the 'inftructions. They are a Privy
Council to the Governor, in acts of civil govern
ment, arid take the fame'oath that is adminiftered
to the King's Council in England. The tenure of
their places is extremely precarious, and yet their
influence upon the publick meafures very eonfider-.
able. In the grant of all patents the Governor 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 parliament ;' and exercife alfo judicial autho
rity upon writs of error and appeals. ' They are
convened by the Governor, and he is always preri
fent when they fit as a court of Privy Council,
which is ordinarily at the fort ' In their legiflative
capacity they meet, without the Governor, ; and al
ways at the City Hall. ; They fit according to their
jfeniority, and the eldeft member pteferit is~ Speaker
* The inftniftions are, in number, above a hundred and
never recorded. '; They are changeable at (he King'd pleafufe,
but rarely undergo any. very confiderble alteration, ¦. •
Of

eHAP.y. NEW-YORK
of their Houfe. In a committee the Chairman has
no voice. They cannot vote by proxy, but have
the privilege of entering their diffent, and the rea-
fons at large, on their minutes. Their proceed
ings are very formal, and in many rtfpefls they
mutate the example of the Lords. Their' mef-
fages to the Affembly are carried by one of their
own members, and the Houfe always riles at his
entrance, and receives them Handing. TheCoun-
cil never publifh their legiflative minutes, but the
Affembly always print their own votes, nor do
either of thefe houfes permit ftrangersto be prefent
at their" conventions.
A Counfellor's title is the Honourable. They
ferve his Majefty without falaries. The bufinefs
of the Privy Council Board is of late very much
incrCafed, and never had fo great weight in the
colony as' at prefent; which is much owing to the
King's calling lawyers of reputation to the af
fiftance of his Governors *.
The General Affertibly confifts of twenty-feven The c«nerai
reprefentatives chofen by the people, in purfuance ^^ty*
pfa writ of fummons iffued by the Governor.
At the day appointed for their appearance, fuch
as are elected convene themfelves at the Afiembly-
chamber, in the city of New-York ; and, by the
Clerk ofthe Houfe,- inform the Governor of their
meeting." If they are above thirteen in number,
fome perfons (generally the Judges of the Supreme
Court) are fent to the Affembly-chamber, empow
ered by a commiffion to take their oaths and fub-
fcriptions. They are then called before his Excel
lency, who recommends their choice of a Speaker,
For that purpofe they again retire, and conduct
*' The office of Lieutenant Governor requires no iVvice,
except on the death or in the abfence of a Governor in Chief,
It gives no rank ia council, nor is theie any lalary annexed to
X 4. the

312 THE HtJ STOR Y 0 F
the perfon they elect into the chair, which is leaf-
ed at the upper end of a long table. After that
hejs prefented to his Excellency, in the Council^
chamber ; and upon his approbation of their
choice, which is cf courfe, the Speaker addreffes
himfelf to theGovernor, and in, behalf of the Houfe
ptays, \' That their words and actions may have a
. " favourable conftruetion, that the Members may
" have free accefs to him, and they and their fer-
" vants be priyijeged with a freedom from ar-
" refts." The Governor, after promifing thefe
things on his part, reads his fpeech to both
Houfes ; and, at the requeft of the Speaker, de
livers a copy for the ufe ofthe Affembly.
I need not enlarge upon the cuftoms of the Ge
neral Affembly, for they take the practice of the
Britifh Houfe of Commons for their model, anci
vary from them in but very few inftances. ' Mo
ney bills are not returned to them' by the Council
Board, as the Lords do to the Commons'; and yet
the reafons for this practice are much ftro'nger1 herb
than at home. ' When the Governor partes the
bills fent up to him, both Houfes are prefent in
the Council-chamber. It is then cuftomary for
him to afk the advice of his Council with refpect to
every bill, and he fig'ns them at the foot after,
thefe words, " I affent to this bill, enacting the
fame, and order it to be enrolled." ' After that the
acts are publifhed in the open flreet, near the
City Haft ; his Excellency and the two Houfes
being prefent.
m!mbiy-M^ The daily wages ofthe Reprefentatives, as re
gulated by fundry Acts of Affembly, are annexed
to the following lift of the prefent Members of the
Houfe. ' ..'.!• ....... ,.-¦
For the City and County of New- York. — Four
Reprefentatives, each 6 s, per diem. r
¦ '¦'- ~,""  City

VHfCv. v. N E W - Y O R K. $I$
City and County of Albany.— Two, each ios.
per diem.
¦"^ Westchester County. — Two, each 6s. per
diem.
Suffolk County. — Two, each 9 s. per diem.
Queen's County. — Two, each 6 s. per diem.
"KiNcVCounty. — Two, each 6 s. per diem.
Ulster County. — Two, each, 6 s. per diem.
Richmond County. — Two, each 6 s. per diem.
Dutchess County.- — Two, each 6 s. per diem.
Orange County.— -Two, each 6 s per diem.
Borough of West- Chester. — One, ios. per
diem. ,
TOwnfhip of Schenectady. — One, ios. per
diem. .
Manor of Renslaerwyck. — One, ios. per
„ diem. Manor of Livingston. — One, 10 s. per diem.
Manor of Courtlandt. — One, 6 s. per diem.
The continuance of our Affemblies was unli- Dur tion of d*
mited, till the'pofitical ftruggles, which took rife Affembi.es.
in Mr'. Colby's adminiftration, forced Mr. Clarke,
who' fucceeded him, to pals the act reftricting thern
to three years ; but this was repealed by the King,
1 "and a feptehniallaw enacted foon after the ar ival
of Governor Clinton, which is ftill in full force.
No' colony, upon the Continent, has formerly Their leading
fuffered more than ours, in the opinon of the^""1 opini'
King's Minifters. This has been owing to the ill
imprefiions made by our Governors, who are fcarce
ever difengaged from difputes with the Lower-
Houfe. Our Reprefentatives, agreeable to the
' general fenfe of their conftituehts, are tenacious in
their opinion, that the inhabitants of this colony
are entitled to all the privileges of Englifhmen ;
that they have a right to* participate in the legifla
tive power, -and that the feffion of Affemblies here,

314. THE HISTORY OF
here,- is wifely fub&ituted inftead of a reprefenta
tion in Parliament, which, all things confidered,
Would, af this remote diftance, be extremely in
convenient and dangerous. The Governors, on
the other hand, in general, entertain political fen
timents of a quite different nature. All the im
munities we enjoy, according to them, not only
flow from, but absolutely depend upon, the mere
grace and will of the crown *. - It is eafy to con
ceive, that contentions muft naturally attend fuch
a contradiction of fentiments. Moft of our dif
putes, however, relate to the fupport of govern
ment. Before Lord Cornbury's embezzlements,
the revenue was eftablifhed for a long period, but
afterwards reduced to a few years. The violent
meafures, in Mr. Colby's time, led the Affembly
to the fcheme of an annual provifion. Thefe are
the words of that much famed, Addrefs of the
Houfe, to Lieutenant Governor Clarke, on the
8th of September 1737, previous to the change:
" The true caufes of the deficiency of the reve-
" nue, we believe are too well known to your Ho-
" nour, to make it neceffary for us to fay much on
" that head. . Had the confpicuous loyalty of the
* " We are po more than a little corporation. — I would
" advife thefe Gentleman (Affemblies) for the future, to drop
" thofe parliamentary airs and ftyle about liberty and property,
" and keep1 within their fphere, and make the beft ufe they
" can of his Majefty's inftru&ions and commiffion ; beeaufe it
" would be high treafon to fit and aft without it. — This is
, " our charter, if we abufe or make a wicked ufe of his Ma-
" jelly's favours, we are, of them, but tenants at will ; we
" only hold them during pleafure and good behaviour."—
Thefe are the accurate and bright thoughts of the gentleman
who publifhed a pamphlet, entitled, " An effay on the Govern
ment of the Colonies, " in 1752. Sir William Jones, Attorney-
General to James II. was of a very different opinion. For he
told the King. " That he could no more grant a commiffion to
" levy money on his fubjefts in the plantations, without their
" confent by an Affembly, than they could difcharge themfelves
" by an allegiance/' Lite of Sir William Phips, p. 23.
" inhabi-

chap. v. N E W - Y O R K.
f inhabitants of this province, met with a fuitable
*f treatment in return : it is not unlikely, but we
" fhould now be weak enough to act like others
,6C before us, in being lavifh beyond our abilities,
" and raifing fums unneceffary to be given ; and
" continued the donation, like them, for a longer
" time than what was convenient for the fafety of
,'-' the inhabitants : but experience has fhewn the
" " imprudence of fuch a conduct, and the miferable
" condition to which the province is reduced, ren-
*' ders the raifing of large fums very difficult if
'* not impracticable. We therefore beg leave to
v be plain with your Honour, and hope you will
,M nojrtake it amifs,' when we tell you, that you are
" riot to expect, that we either will raife fums un-
*' fit to be raifed; or put what we fhall raife into
" the power of a Governor to mifapply, if we can
.1' prevent it : nor fhall we make up any other de-
" fieiencies," than what we conceive are fit and juft
** to be paid;' or continue what fupport or reve-
«' hue we fhall raife, for any longer than one year.
" Nor do we think it convenient to do even that,
« until fuch laws are paffed,' as we conceive ne-
«« ceffary for1 the fafety of the inhabitants of this
*'« colony, whohave repofed a truft in us for that
« only purpofe ; ' and which we are fure you will
" think it reafonable we fhould act agreeable to,
«« and by the Grace of God we will endeavour
«' not tb deceive thern."
" The fentiments of this addrefs ftill prevail
among the people, and therefore the fuccefs ofthe
prefent ' fdlicitations, for a permanent, indefinite,
fuppbrt, "will probably be in vain.
1 The matter has been often litigated with great
fervency on both fides, and the example ot the
Britifh Parliament urged as a precedent for our

3'|

station. To this it is anfwered that the par-
^ «f r his nrovince differs fo widely t\ that

imitation. iu un» u. ««"""-—.-—- . *
ticular ftate of this province differs fo widely from

THE HISTORY OF
that of their Mother Country, that we ought not
in, this refpect to follow the cuftom of the Com
mons, .Our conftitution, as fome obferve, is fo
imperfect in numberlefs inftances, that the rights
of the people lie, even now, at the mere mercy
of their Governors •, and granting a perpetual fup
port,. it is thought, would berin reality little lefs,
than the lofs of every thing dear to them.
It muft be confeffed that many> plaufible argu
ments may be affigned, in fupport of the jealoufy
ofthe Houfe. A Governor has riumberjefs op
portunities, not proper to be mentioned, for in
vading .the rights of the people, and infuperable
difficulties would neceffarily attend all the means of
redrefs. By gradual advances, at feafonable junctures,
we might, have introduced fuch amend rnents* as
would at this day have eftablifhed a found and well
fortified political frame; but through pur utter
neglect of education, the ancient Affemblies con-
filled of plain, illiterate,, hufbandmen, whofe
views feldom extended farther than to the regula
tion of highways, the deftruction of wolves*, wild
cats, and foxes, and the advancement of the other
little interefts of the particular counties, which
they were chofen to reprefent,

CHAP. VI.
Of our Laws and Courts.
THE ftate of our laws opens a door to much
controverfy. The uncertainty with refpect
to them renders property precarious, and greatly
expofes us tothe arbitrary decjfions of bad judges.
,- The

chap, vi. N E W - Y O R K. 317
The common law of England is generally receiv
ed, together with fuch ftatutes as were enacted be-
'fore we had a legiflature of our own. But our
courts exercife a fovereign authority, in determi
ning what parts of the common and ftatute law
ought to be extended ; for it muft be admitted,
that the difference of circumftances neceffarily re
quires us, in fome cafes, to reject the determina
tions of both. In many inftances they have alfo
extended, as I have elfewhere obferved, even Acts
of Parliament, paffed fince we have had a diftinct
legiflation, which is adding greatly to our confu-
fion. The practice of our courts is not lefs uncer
tain than the law. Some of the Englifh rules are
adopted, and others rejected. Two things there
fore feem to be abfolutely neceffary for the public
fecurity.
, Firft, The paffing an act for fettling the extent
of the Englifh laws. And,
Secondly, That the courts ordain a general fet
of rules for the regulation of the practice.
To give a particular account of our laws civil Tem,re u 'iu!*
and criminal, cannot be expected in this work.
All lands are held ofthe crown by focage tenure,
as thole of Eaft-Greenwich, at home, in the county
of Kent ; and the manner of obtaining a title to
fuch as are vacant, or in the poffeffion of the In
dians, is this : -
Formerly the cuftom was to apply to the Go
vernor in Council, for a licenfe to purchafe lands
of the natives in his Majefty's name. A deed
was then privately obtained from the Indian pro- •
prietors to the King, and annexed to a fecond pe
tition to the Governor, for a warrant to the Sur
veyor-General, to make a furvey of the quantity
purchafed. /mother warrant, upon the return of
the furvey, was then iffued to the Attorney-Ge
neral, to prepare a draught of the patent ; which being

3*8 - THE HISTORY OF
being tranfmitted to the Secretary's office, was
then engroffed upon parchment, and the great
feal affixed to it by the Governor.
In thefe furveys and deeds more lands were
often included, than the Indians intended to fell •,
and thefe frauds being frequently complained of,
an order was made by the Governor and Council,
in 1736, that thenceforth no Indian deed fhould
be taken, until the land propofed to be granted,
was actually furveyed by the Surveyor-General*
or one of his deputies, in the prefence of the
Indian proprietors ; that the bounds of the tract
fhould be then entered in the deed, and a certi
ficate endorfed, that they are agreeable to the
furvey, and that he faw the confederation money
or goods, bona fide, delivered to the vendors.
The patenting of lands, has long been^ and
ftill continues to be* very expenfive.
* Our law judicatories are nurherous ; I begin
with the loweft.
Ofthe JUSTICES COURT*
Justices of the Peace are appointed by com
miffion from the Governors, who, to ferve theif
purpofes in elections, fometimes grant, as it is
called, the adminiftration to particular favourites
in, each county, which is the nomination of officers
civil and military ; and by thefe means, the Juf
tices have been aflonifhingly multiplied. There
are inftanc.es of fome who can neither Write nor
read*. Thefe genii, befides their ordinary powers,
are by acts of affembly enabled to hold courts,
* Lord Bacon^s obfervation,' that there are manywho count
It a credit to be burdened with the office of a Juftice of thePeace*
is very applicable to us. Bacon's Works, Pol. Vol.11, p. 151.
— The ftatute of 38 Hen, VIII. limited the number of Juftices
weight in a county. / for

chap. vi. N E W - Y O R K. j.19
for the determination of fmall caufes, of five pounds ,
and under -, but the parties are privileged, if they
choofe it, with a jury of fix men. The proceed
ings are in a fummary way, and the conduct ofthe
Juftices has given juft caufe to innumerable com
plaints. The Juftices have alfo a jurifdiction, ,
with refpect to crimes under the degree of grand
larceny. For any three of them (one being of the
quorum) may try the criminal, without a jury,
acid inflict* punifhments not extending to life or
limb. The Sessions- and Court of Common-Pleas.
The Coyrtof Common-Pleas- takes cognizance
of all caufes, where, the matter in demand is in
value above, five pounds. It is eftablifhed by an
ordinance ofthe Governor in Council. The Judges
are qrdjnariljj , three, and hold their offices during
pleafure. Through the infancy of the country,
few, if any of them, are acquainted with the
law. The practice of thefe courts is fimilar to that
of the Common-Bench at Weftminfter. They
have each a clerk commiffioned by the Governor,
who iffues their writs, enters their minutes, and
keeps the records of the county. They are held
twice every year. Thefe Judges, together with
fome of the Juftices, hold, at the fame time, a
court of general feffions of the peace.
The SUPREME COURT.
The jurifdiction of this court extends through
the whole province, and its powers are very great.
For it takes cognizance of all caufes civil and cri
minal, as fully as the King's-Bench and Common-
Pleas at Weftminlter. In civil controverfies, the
value of the fum demanded muft exceed twenty
pounds.

po THE HISTORY OF
pounds. This cpurt has four terms in a year, arid
always fits at New^York*. The Judges for many
years paft, have been but three. The Chief
Juftice has ten fhillings as a perquifite, upori the
firft motion in every caufe, together with anndal
allowance of 300 1. The fecond and third Juftices
have alfo yearly appointments, too inconfiderable
to be worth mentioning. They hold their offices'
by feparate commiffions under the great feal of
the province, which were formerly during' plea;-
fure, but of late quam diu fe bene gefferint -f.
The Supreme Court was, at firft, eftablifhed. by
feveral laws of the province •, but the terms were,
afterwards/directed by an ordinance of the Gover
nor and Council, which is alterable at pleafure.
Whether this court has a right to determine'
caufes in a courfe of equity, was a queftion much
litigated during the troubles in the feveral admi-
niftrations of Mr. Cofby and Mr. Ciarke. Colo
nel Morris, afterwards Governor of New-Jerfey,
fat then as Chief Juftice upon the bench, and de?
livered a long, argumentative opinion in the ne-1
gative £. The people were, in general, on that
fide, and the Exchequer Court bell fcarce evef
, , rung, but the city was all in confufion. Petitions
againft the Court, from feveral parts of the pro
vince, came up to the Affembly, who defired td
* The terms commence on the third Tuefday in January!
April, and October, and on the laft in July. The firft and the
laft continue five days, and the two other terms ten.
-f Profecutions, by information, are often commenced in the
Supreme Court by order of the Governor and Council, and cri
minals fometimes' committed by their wairants ;.. for which
reafon fome are of opinion, that the Judges - ought not to be
members of that board, which is frequenily the cafe.
J See the printed opinion, and the arguments of Meffieurs,
1 Alexander and Smith for the defendant Van Dam adverfus the
Attorney. General ; in fupport of a plea to the jurifdicuon of
the Supreme Court, on'a bill filed there for Governor Cofby in
a courfe of equity, New-York printed by John P. Zenger, 1/33.
hear

chap. vr. N E W - Y O R K.
hear council ; and accordingly Mr. Smith and Mr.
Murray delivered their opinions at their jequeft,
both which' were afterwards printed by their order.
The former, who fpoke firft, urged numerous
authorities to prove that no Court of Equity could
be legally eftablifhed except by pfefcription or an
aft of the legiflature, and concluded with thefe
words  " 'Tis With die greateft fubmiffion that
" I tender my opiriion"upon thefe points. I have
«' faid nothing with a defign to offend any man,
*' nor have 1 omitted fitying any thing that I
*' thought might tend to the public good. Libe-
" ravi animammeam. Iha've endeavoured to dif
'* charge the truft, and fupport the character, with
*' which this Houfe has honoured me. You have
" my fincere and real fentiments. If I have erred*
" in any thing, it has been unwillingly. I am
" heartily a friend to this Colony, arid earneftly
" wifh its profperi'ty. I have no intereft in the
" points in queftion^ but what are common to all
" the freemen of this province. I profefs the
" greateft. veneration for the laws of my country,
" and am glad of every opportunity to do them
" public honour. -They place our' liberties upon
" the firmeft bafis, and put our properties under
" the fureft protection. I rejoice in the fecurity
" that we have of a long enjoyment of them, by^
*< the fettlement of the fucceffion in the Houfe of
" Hanover. 'Tis the excellency of our confti-
" tution, and the glory of our Princes, that they
" are fovereigns over freemen, and not flaves.
" 'Tis the mifery of an arbitrary government, that
«' a man can enjoy nothing under it, that he can
" call his own. Life, liberty, and property, are
" not his, but all at the will and difpofal ot his
«' tyrannical owner. I don't wonder that our an-
'«' ceftors have been a1 ways fo jealous of their li-
'l bcrtics; how oft have they bravely fought,
Y " and

3*1

322 THE HISTORY OF
" and nobly died, in the defence of them ? We
" have received our liberties and our laws, as an
" inheritance tranfmitted to us in the blood of our
" fathers. How highly therefore fhould we
" prize and value them ! And what care fhould
" we take, that we and our pofterity may enjoy
" them in their full extent ? If this be our happy
*' cafe, we fhall fit under our own vines and our
" own fig-trees, and noffe will make us afraid.
" "We (hall fee our country flourifh, and ourfelves
" a happy people. But if an' arbitrary power
" over our liberties and properties be let in upon
f us, but at a back door, .it will certainly drive
" many of us out of our habitations ; and tis to
" be feared, will once more reduce our country
'• to a wildernefs, and a land without inhabitants ;
" which we doubYnot but this Honourable Houfe
" will take care to prevent."
Mr, Murray laboured to fhew that the Chan
cery, King's-Bench, Common-Pleas, and 'Ex
chequer, were of original jurifdiction by the confti
tution of England •, and was fearful that our eftab
lifhment of thefe Courts here by an act of affembly,
would draw into queftion our equal rights to ail the
liberties and privileges of Engiifhmen. He clofed
his opinion in this mariner :
" And now, Mr. Speaker, Phave in the beft
" manner that I was Capable of performed what
" this Honourable Houfe defired of me, in giving
" truly my fentiments upon the fubject matter of
" thefe petitions.
" Mr. Smith, in delivering his fentiments laft
" Friday, did in fo handfome and elegant a
" manner, fully prove that the people or this
" colony are undoubtedly entitled to the cuftoms,
" laws, liberties, and privileges of Engiiftimen,
" that it was need lefs for me to attempt the proof
" thereof, which otherwife I fhould have done.
' " But

Chap. vi. N E W - Y O R R.
" But I do entirely agree with him, in all that he
,t Jfld °n ?at head i and l hope [ have proved
: that the funda-nsncal CDurts, by the h.vs of
|| England, are as much part of thofe liberties
and privileges, and as much by the cuftoms
|| and laws of England, as any other of their liber-
' ties and privileges are ; and of confequence,
' the people here as much entitled to thofe fun
damental Courts, as to their other privileges ;
" and have endeavoured to anfwer all the objec-
" tions that I heard were, or thought could be,
" made againft our being entitled to the fame
" Courts. And upon the whole thereof, as
se there has been much talked about the liber-
" ties and privileges of the people, I would beg
" leave only to propound this dne queftion, Who
" is he that argues moft in favour of the liberties
*' of the people ? He who 'affirms and proves^ ,
<c that they are entitled to thofe liberties and pri-
" vileges, laws and cuftoms of England, and the
" good old original Courts, that are by thofe laws,
ic without an act ? or, he who argues and fays,
" we are not entitled to them, until an act is
" paffed to eftablifh them ? I fuppofe the anfwer
" would be given, without hefitation, in favour
" ofthe former.
" But, Mr. Speaker, if it yet fliould be faid,
" that there is a neceffity for making acts relating
" to thofe Courts^ I would, beg leave to offer to
" this Honourable Houfe, the imitation of fuch
" laws relating to thofe Courts, as the wife legif-
" lature of England have thought fit to make. I
" prefume, it will not be faid, there can be a
" better pattern offered for the Affembly to go
" by. And it is not to be fuppofed, but that the
'' parliament at home has made all the regula-
;< tions thej-ein that czn be thought neceflary ;
¦' whereas ooinginto.newfchern.es and newinven-
Y 2 tions,

323

3*4. THE HISTORY OP'.
*' tions,. may be attended with many inconveni-
" encies, which, when they happen, may not be
" fo eafily remedied,
" And I beg leave to conclude, by praying'
" that God Almighty may guide, cfirecl, and in-
" fluence, this-. Flonourable Houfe, in their debates
" and confultations upon this momentous affair,
' " and .that the end thereof may be for the gdod of
..^ *' all the inhabitants of this colony." "
The oppofition .to the Exchequer became, now
ftronger than before the Council were heard. And
therefore, under thefe difCouragements, the Court
has taken cognizance of no caufes fince Van
Dam'^, nor has that indeed ever been determin
ed ».
The
* Sir John Randolph wrote his fentiments concerning thefe
difputes to Captain Pearfe. - And as he was an eminent lawyer
in Virginia, I doubt not his le.ter will be acceptable to the
Reader. Sir,
" By your requeft, I have perufed and confidered the argu-
" ments of Mr. Smith and Mr. Murray, before the General
" AfTembly of New- York, in relation to the Court of Equity
" eftablifhed therein a new Court of Exchequer ; which I per*
" ceive was done, principally, for determining a difpute be-
, " tween the Governor and the Prefident ofthe Council, about
" their right to the falary anexed. to the office of the Command
" der in Chief, whether he be the Governor or Prefident ; and
" it feems ftrange to me, that upon fuch an occafion, foextra-
" ordinary a ftep fliould be taken, as the eredting of a new
" Court, exempted from the rules of proceeding at the com-
" monlaw, when the matter might have been decided in an
" action of the cafe upon an indebitatus ajfumpfet, which is
" the fettled method and moft expeditious remedy, in cafes of
, •* that nature.
" Both thefe gentlemen feem to have agreed in one point,
*' that it was neceffary to trace the Court of Chancery and the
" Equity Court in the Exchequer back to their original infti-
*' tution, in order to fhew whether the Governor of a new plan-
" tation, bath a power or not to e're& Courts, in imitation of
«« thefe high and acient ^Courts in England.— And from their
«' refearches

chap. vi. NEW-YORK.
The judges of this Coun, according to an Act
of Affembly, are judges of Nifi Prius of courfe-, and,
" refearches, they feem to have made very different conclu-
" fions. Mr. Smith rightly concludes again If the legality of
" this Court ; but Mr. Murray is afraid all muft be loft, if the
" four fundamental Courts, as he calls them, can't be obtain-
" ed in New-York. — I own I don'i underftand the force of this
'' fort of reafoning, nor can I conceive, ho* any enquiry into
" the original of the High Court of Chancery, which mult
" after all end in a meer conjecture, can afford the leaft affift-
" ance, in forming a right judgment upon this queftion, which
" muft depend upon the particular conftitution of thefe foreign
" colonies.
" The Court of Chancery in England, has its being from
" cuftom and ufage, to which it owes ics legality. — If it
" were to be erected now by the King's power it could noc
" ftand; therefore it is undoubtedly a great abfurdity to fup-
" pofe, that upon the planting every new colony by the fub-
" jefts of England, new Courts muft fpring pp, as it were
" from the roots of the ancient Courts^ and be eftablifhed
" without the confent of the legiflature, becaufe we can imi-
" tate their methods of proceeding, though we are very im-
" perfect in comparifon to their reafon and judgment- — Then
" I think there is another impropriety in the debates of this
" queftion j they would argue from the power and preroga-
" live ofthe King, to entitle a Governor to act in the fame
" manner. I think before they turn a Governor into a King,
" thejl fhould take care, to 'provide for him the fame fuffici-
" ency of wifdom and as able a council ; therefore I muft fupr
" pofe, a mighty difference between rhe power of a King and
". the Governor's abroad.— Their inftructions as tothe ereft-
««' ing of Courts, or the authorities granted in their pat-
" tents for that purpofe, are not now, as they were in the
" beginning, when there were no . Courts ; but proper
" judicatures being long fince eftablifhed, there is an end
«' of their power in ihat refpeft, and if any alteration is
«< found neceffary, it muft certainly be done by the con-
" fent of the legiflature. The Kings of England have always,
" fo far as I am acquainted with the hiftory ofthe plan-
" tations ufed a particular cendernef. in the bufinefs of ereft-
« ine their Courts of Judicature, by directing their Governors,
«« to take the advice ofthe General Affemblies in that matter,
" and I dare fay, that if the patents and inftrudhons of the
« Governor of New- York were to be infpefled, no fuflicienc
" warrant will be found in them, to exercife this high p^er

3*5

J26 T HE HISTORY OF
and, agreeable to an ordinance of the Governor
and Council, perform a circuit through the coun ties
*f of fetting up new Courts. But be tjiat as it will, this is
" moft manifeft, that fetting up one or more men, with power,
" to judge men's properties, by other rules than thofe of the
" common /law, by which alone we of the plantations muft be
*' governed, muft fubject the eftates of that people to an arbi-
" trary rule, fo far as they are reftrainedirorh appealing to an
" higher Jurifdiction, and may enflave them to the weak, if
«' not corrupt, judgments of thofe men. — It really Teems to be
" a lingular misfortune to the people' of New- York, that a
** queftion of this nature fhould be fo far countenanced, as to
" become a, fubject of argument, when 1 believe, in any other
" colony, it would not have been thought a matter 6f any
" doubt or the leaft difficulty. But above all, it is moft extra-
" vagant that a Court' of Equity fhould be erected, for the
" trial of a caufe, of which, without doing violence to its
" nature, it cannot have any jurifdiction ; and I have won-
" dered, in fo warm a debate, that this point has been paffetf
" over. — I think nothing could entitle the Court of Equity,
" to proceed in the caufe between the Governor and Van
" Dam, unlefs there was a want of proof, ofVan Dam's
" receiving the money in difpute, which I fuppofe is- impofli-
" ble, fince it mull have iffued out of the publick treafury of
" the province. — If I had been to have argued this point, I
" fhould have taken a very different method from thofe gentle-
" men. Inftead of taking fo much pains, , in Running through
" fo many book cafes, to fettle what the conftitution of En-
" gland is, I would have ftated the conftimtion of this parti-
*' cular government, as it js .grounded either upon treaties or
"'grants from the Crown of England ; for as New->York was
" a conquered country, it is very probable, fbmething may
" have been ftipulated, between the States General and
" Crown of England, in behalf of the fubjects of Holland^
" which were left there in poffeffion of their eftates; and fo be-,
" came fubjects to England.. — If there was any fuch treaty,
" that muft be looked upon as the fundamental law of the
" province ; and next to that, the King's charters muft take
" place. — I don't at all doubt, but fome way or other, the
" common law was eftablifhed there, and if not, as there is a
" legiflature, I fuppofe it is adopted by the country; for there
" is undouhtedly, a great difference between the people'ofa
" conquered country, and colonies reduced by the King's
" confent by the fubjects of England. The common Jaw
" follows them wherever they go, but as to the other, it rnuft
" arife

chap. vi. N E W-Y O R K.
ties once every year, They carry with them, at
the fame time, a commiffion of oyer and termi
ner and general gaol delivery, in which fome
of the county juftices are joined/
The Judges and practifers in the Supreme, and
aUother' Courts, wear no peculiar habits as they
do at Weft m in Iter- Hall andin fome of the Weft-
India Iflands •, nor is there, ks yet, any diftinaion
or degrees among the lawyers.
The door of admiffion into the practice is too
open. The ufual preparatories are, a college or
univerfity education, and three year's apprentice-
fnip ; or, without the former, feven years fer
vice under an attorney. In either of thefe cafes,
the. Chief Juftice recommends the candidate to the
Governor, who thereupon, grants a licence to
practice under his hand and feal at arms. This
being produced to the Court, the ufual ftate-oaths
and fubfcription are taken, together with an oath
for his upright demeanour, and he is then quali
fied to practice in every Court in the province.
Into the county Courts, attornies are introduced
with ftill lefs ceremony. For our Governors have
formerly licenfed all perfons, how indifferently fo-
" arife either from treaties cr grants ; therefore it is a pity,
" every thing in relation to this matt.r has been omitted,
" which would have been of great ufe to thofe, who are unac-
" quainted wlili the facts, in forming a judgment in this
" cafe. — I can't forl.gjir obferving a mighty weaknefs in the
" lawyers of New- York, in blindly following a common error,
" in relation to the ftatutes of England being in force there;
" whereas there is no foundation in fenfe or reafon for fuch an
" opinion. The common law muft be the only rule, and if we
" Wude into tl.e ltatates, no man can tell what the law is. It
" is certain all of them can't bind, and to know which do,
" was always above my capacity.— Thofe that are declarative
" of the common law, ferve us rather as evidences, than by
" any binding quality as ftatutes.
" I am, Sir,
" your moft obedient Servant, Sec.
" John Randolph."
Y 4 ever

327

328 T H E ? H T S T O R Y v O F
<cve,r recommended j and the rprofefBon has been
fhamefully difgraced, by the admifiloori of" men
hot only of the roeaneft abilities, but of the loweft
employments. The title of the Judges of the
iupreme cou'rtts The Honourable.,
They have b^t two clerks ; one attendant upon
the Supreme Court at New- 1 ork, and theother on
the circuits. . 1 he former feals all their procefs?
and is keeper of the records.
The Court of Admiralty.
The only Officers of this Court are the Judge,
or Commiffary, the Regifter or Marfhal: The
Judge has, by his commiffion *, a jurifdiction in
all maritime affairs, not only here, but in the co
lonies of New-Jerfey and Connecticut. The pro
ceedings before him are in Englifli, and according
to the courfe of the, civil law.
The Prerogative Court.
The bufinefs .of this Court relates to the pro
bate of laft wills and teftaments, and the grants of
letters of adminiftration on inteftates eftates. The
powers, relative to thefe matters, are committed
to the Governor, who acts ordinarily by a dele
gate. The Court of the Governor and Council.
The authority of this Court Js beft feen in the
inftruction on which it depends.
" Our will and pleafure is, thajt you, or the
?' Commarlder in Chief of our faid province, for
'* It is under the feal ofthe Admiralty, and. dated January
16, 1738.
1 " the

chap, vl ' "N E ft -Y ¦& R- K. l''
£ thetime being; "do in all civiTcaufes, on appli-
'«." ^ o°Ln rTg made t0 y°u' ot" the Commander
-^ in Chief for the time "being, for that purpofe,
^ permit and allow appeals, from any of the Courts
^ ot common law in our faid province, unto you,
'„' °i tt?e Commander in Chief> and the Council
^ of our laid province •, and you are, for that
' purpofe, to iffue a writ, in the manner which
¦"has been ufually accuftomed, returnable before
' yourlelf and the Council of our faid province,
who are to proceed to hear and determine fuch
appeal ; wherein fuch of pur faid Council, as
fhalf be at that time Judges of the Court from
whence fuch appeal fhall be fp made, to you our
" Captain General, or to the Commander in
" Chief for the time being, and to our faid Coun-
" cil, as aforefaid, fhall not be admitted to vpte
*' upon the faid appeal ; but they may, nev'er-
." thelefs, be prefent at the^heanng thereof, to
." give the reafons of the judgment given by them,
," in th.- caufes, wherein fuch appeals fhall be
." made,
" Provided qeverthelefs, that in all fuch ap-
" peals, the fum or value appealed for, do exceed
" the fum of" three hundred pounds fterling ;
" and that fecurity be Brit duly given by the ap-
," pellant, to anfwer fuch charges, as fhall be
" awarded in cafe the firft fentence be af
firmed ; and if either party fhall not reft fatis-

??«

C(

* Before the arrival of Sir Danvers Ofborn, appeals were
given to the Governor and Council, in all caufes ab ve tool.
Sterling, and to the King in Council, in all thofe above 300I.
ifterling By this inftruction, the power of the Supreme Court
and of- the Governor and Council, is prodiyioufly augmented.
In this infant country few contracts are equal to trie f'u ns men
tioned in the irrftruclion, and therefore an ur.controlable autho
rity in our courts may be dangerous to the p operty and liber-
tie's cf the people. Proper checks upon Judge; prefervc thern
both from indolence and corruption. " tied

330

THE HISTORY OF
fird with the judgment of you,, or the Comman
der in Chief for the time being, and Council as
afbreiaid, our will and pleafure is, that they
may then appeal unto us.,; in our Privy
Council. ' Provided the fum or value fo ap
pealed for unto us, exceed five hundred pounds,
fterling-, and that fuch appeal be made within
fourteen days after fentence, and good fecurity
given by the appellant, that he will effectually i
profecute the fame, and anfwer the condemna
tion ; and aifo to pay fuch cofts and damages, ,
as fhall be awarded by us, ih cafe the fentence
of you, or the Commander in Chief for the time
being, and Council be affirmed. Provided
nevertheless, where the matter in queftion re
lates to the taking or demanding any duty pay
able 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 and pleafure, that in all
cafes, where, by your inftructipns, you are to
admit appeals to us in our Privy Council, exe
cution be fufpended, until the final determina
tion of fuch appeals, unlefs good and fufficient
fecurity be given by the appellee, to make ample
reft ittition of all that the appellant (hall have
loft, by means of fuch 'judgment or decree, in
cafe upon "the determination of fuch appeal,
fuch decree cr judgment fhould be reverfed,_and
reftitution awarded to the appellant."

The COURT of CHANCE R'Y.

Of all our Courts none has been moreobnoxi-
pus to the people than this. There haye been (as

chap., v». N E W - Y O R K.
(.as I have already fhewn) few adminiftrations
fince its firfl election, in which our Affemblies have
not expreffed their difapprbbation of its con
ftitution by ordinance, and the exercife of the
Chancellor's power by the Governor. During the
adminiftration of Governor Cofby, a bill was filed
by Sir Jofeph. Eyles and others, to vacate the ob
long patent granted by his immediate predec'effor
to Hauley and Company. The defendants ex
cepted to the Governor's jurifdiction, but being
over-ruled, they reforted to the Affembly with a
complaint, and the Houfe on the 6th of Novem
ber, 1735, refolved,
" That a Court of Chancery in this province,
" in the hands, or under the exercife of a Gover-
" nor, without confent in General Affembly, is
", contrary to law, unwarrantable, and of dan-
" gerous confequence to the liberties and proper-
" ties of the people."
The fame lentiments obtained among the peo
ple in Mr. Clarke's time, as is very evident in the
memorable addrefs of the Affembly, in 1737, apart
of which, relative to the Court of Chancery, is
too lingular to be fuppreffed.
" The fettling and eftabiifhing of Courts of
" general jurifdiction, forthe due adminiftration of
" juftiee, is neceffary in every country, and we
*' Conceive they ought to be fettled and eftablifhed
" by the acts 'of the whole legiflature, and their
" feveral jurifdictions and powers by that autho-
" rity limited and appointed, efpecially Courts
" that are to take cognizance of matters in a
« courfe of equity. 1 his has been the conftant
« practice in England, when new Courts were to
" be erected, or old ones to be abolilhed or
" altered •, and the feveral Kjngs of England, in
» whole reigns th ,fe acts were made, never con-
» ceived that the fettling, erecting, or aboliih.ng Courts,

33 1

332

THE HISTORY OF ,
Courts, by acts of the legiflature, had any ten*
dency to deftroy, or in the leaft todimiriifh their
juft and legal prerogatives. It was the method
in ufe here, both before and fince the Revolu
tion, and particularly recommended to the Af
fembly to be done in that manner, by a meffage
fe&e from Governor Sloughter and Council, on
the 15th day of April 1691. He was the firft
Governor fince the Revolution •, and the Gover
nors that fince, that time affented to thofe acts,
we fuppofe, never in the leaft imagined, they were
' giving up the prerogatives of their matters
when they, gave t hve affent; nor did we ever
learn that they were cenfured for doing fo. On
the contrary, the conftant inftructions that have
from time to time been given to the Governors
of this province, feem clearly to point out the
doing of it, by acts of the legiflature, and not
otherwife, as may be gathered from the inflec
tion, for the erecting of a Court, for the deter
mining of fmall caufes, by which there are pofi-
tive directions given to the Governor, to recom
mend it to the Affembly, that a law fhould be
paffed for that purpofe ; but notwithftanding
thefe directions, given -in direct and exprefs
terms, the Governors never would apply for
fuch an act, but erected that Court by an ordi
nance of themfelves and Council, as they did the
Court of Chancery, which had before that time
been erected by acts of thelegiflature in ano
ther manner. They could not be ignorant what
diffatisfaction the erecting of a Court of Chan
cery in that manner, gave the generality of the
people. This was very mtniielt, by the refolves
of the General Affembly, at the time of its firft
being fo erected,- and often fince, declaring the
illegality of fuch a proceeding. And though
thefe refolves have been, as often as made, treated

• hap. vt. N E W - Y O R. K.
" by the Governors with an unreafonable difregard
" and contembt of them, yet to men ot prudence,'
" they might' have been effectual, to have made
" them decline perfifting in a procedure fo illegal
" and fo generally diflatisfactory -,'and which (as
tiL"they managed it) proved 'of ho ufe to the'public
" or benefit to themfelves. For as few of them
" had talents equal to the talk of la Chancellor,
" which they had undertaken to perform, fo it wis
" executed accordingly. Some of them being wil-
<e ling to hold fuch a Court, others- not, according
" as they happened to be influenced by thofe about
"' them. So that were it really eftablifhed ;n the
" moft legal manner (as it was not) yet oeing in
" the hands of a perfon not c0m7.tlr.ble to do his
" duty, it was fo managed, that Vie extraordinary
" delays and frUitlefs expence attending it, ren-
" dered it not only ufelefs, but a grievance tothe
" inhabitants, efpecially thofe who were fo unfor-
" tunate as to be concerned in it ; which we hope
*' you think with us, that it is high time fhould be
" redreffed.
" Your Honour well knows, that the eftablifh-
" ing that Court, in the manner it has been done,
" has been a fubject ' of contention between the
", Governors and the Aflembly ; and fince it is
" confeffed by all, that the eftablifhing both of
" that, and other Courts, by acts of the legifla*
*' ture, is indifputably legal, and gives them the
" moft uncontrovertible authority •, and if un-
*' queftionably legal, what is fo, cannot be de-
'" flructive of his Majefty's prerogative. — We
c* therefore hope, you will make no fcruple of
" affenting to this bill, to put an end to a con-
*' tention, that has not been, nor will be, while
'« while it continues, beneficial to his Majefty's
" fervice."
1 Frorn

333

334- THE HISTORY- OF
From this time the Chancery has been unat-
tacked by the Affembly, but the bufinefs' tranfact-
ed in it is very inconfiderable. A Court of Equity
is abfolutely neceffary for the due adminiftration
of juftice ; but whether private property ought to
be in the hands ofthe Governors, I leave others to
determine *. As the public bufinefs ofthe Colony
increafes, few of them, I believe, will be ambitious
of the Chancellor's office, as they have not the
affiftance of a Mafter of the Rolls. This Court is
always held in the Council-chamber at the fort.
There are two natters, two clerks, one examiner,
a regifter, and a ferjeant at arms, belonging tp
the. Courts, but 'not one of them has a falary. In
our proceedings we copy after the Chancery in
England, and indeed in all our Counts, the prac
tice' at home is more nearly imitated in this and
New-Jerfey, than in any other province upon the
Continent. Few of our Affemblies have been
capable to concert any new regulations of this
kind ; and hence the lawyers have had recourfe
to the Englifh cuftoms and forms, which they
have generally adopted. While the New Eng
land colonies, through the fuperior education of
their Reprefentatives, have introduced numberlefs
innovations, peculiar to themfelves -, the laws of
our Mother Country have gradually obtained
here; and, in this refpect, the public has perhaps
received advantages, even from the ignorance1
of our anceftors.
* Some are of op'nion, that the Governor's jurifdjclion in
this, and the Spiritual, or Prerogative, Court are incompatible.

FINIS.