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THE 
 
 H I STORY 
 
 "4iNi*Wt(«W#«»««*rt 
 
 Of the PR O V IJ^jCJ; of 
 
 N E W-Y O R K, 
 
 F R O M T H E 
 
 Firft Difcovery to the Year M.DCC.XXXII. 
 
 * To which is annexed, 
 
 A Defcription of the Country, with a fhort Account of the 
 Inhabitants, their Trade, Religious and Political State, and the 
 Conftitution of the Courts of Juftice in that Colony. 
 
 
 TTMtSf^M ^'^ ' Jwarming der the new difcoverd Worlds 
 Gay Colonies extend; the calm Retreat 
 KAMY* Of undeferv'd Dijlrefs. 
 
 Bound by foetal Freedom, firm they rife ; 
 Of Britain'^ Empire the Support and Strength. Thomson^ 
 
 Nee minor eft Virtus, qudm quarere, parta tueri. 
 
 By WILLIAM SMITH, A. M. 
 
 -* LONDON: 
 
 Pittited for Th o M A 8 W I L c ox, Bookfcller at Vtrgjih Uead^ oppofite the 
 
 New Church in the Strand, 
 
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The S OUTH ViEW ^f OSWEG 
 
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 Firft Lord Commiffioner of Trade and Plantations, 
 
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 Beg Your favourable Acceptance of this fhort 
 Account of the ancient and prefenv State of 
 the Province of New-Tork. - ^ .,n<^^ - Y Brm 
 
 • ♦»i'' ^ ^ -- r t 
 
 It is not prefented for Your Z^r^^&'s Informa- 
 tion. — All the World knows, that the Affairs of 
 
 ,i^ . A % the 
 
 ?6 7^ 
 
D rfe^iir:t'o(SI A T^ I O Vi. 
 
 1 1 
 
 
 fl 
 
 1 
 
 the Pritijh Colonies, have b^ani for (fveral Yc^rs 
 paft^ rinder Your prmipal Dire^ion j and the Wif- 
 dom of the Meafures purfued for their Prolperity 
 ^na Defence, lare indi/putaile Arguments of Yoax 
 Acquaintance with their Condition. ' 
 
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 f - .1 
 
 
 i^ i. 
 
 ■ r 
 
 8 ■■ :3^i0r:"MBV 
 
 Nor am I induced to infcribe thefe Pages to 
 Your lj)ra^}pyhy T^terefl J the coriiinon Motive to 
 
 Addrefles of this Kind. — Being therefore unin- 
 fluenced by the Principle^ I fliall not follow the 
 Example of Dedicators j but fupprefs thofe Senti- 
 ments concerning Your Lordjhip^ which wQuld. ^e- 
 verthelefs, give Offence only to Yourfelf, and to 
 tlidfe "Who ^ry Your 'Talents and Your Virtuffp, 
 and ari^nemies to their E-ffefib, Your Reputatij^ 
 and Your Power. 
 
 
 * ' IWy Lordj Your ardent Attention to the Ameri-^ 
 tan 'Plantations, and adiduous Labours for their 
 ^^^. - ^ ^ V Proteaion 
 
DEDICATION. 
 
 Proteftion and Growth, have laid us under the 
 moft indi(penfible Obligations to Gratitude. ?; 
 
 Your Lordjhip will therefore excufe me for 
 embracing this Opportunity to make a publick De- 
 claration of the deep Senfe I have of Your kind 
 Offices to my Country, and to do myfelf the Ho- 
 nour of teftifying, that '^ ' ^ " ' 
 
 iinf:. 
 
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 My Lord, 
 
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 Tour Jjovi 
 
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 i* 1lt^ .1^ mojl obedient y and 
 
 '.J ■ '*» J. k '.*.,««<& 
 
 New-York, 
 J 5 June, 1756. 
 
 moft humble Servant^ 
 
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 William Smith. 
 
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 T^i^m v.-ivC" v.^c\'* \ j;^ V THE' ' '--^ ' ^ ^':. ; 
 
 PRE F 
 
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 T^HOEVER confiders the Number and Extent of the 
 ^^ Britifh Colonies^ on this Continent \ their Climates ^ Soilj 
 Port Si Rivers i Riches y and numhtrlefs Advantages^ mufl he convinced 
 of their vafi Importance to Great-Britain ; and be at a lofs to ac- 
 count for the Ignorance concerning them^ which prevails in thofe 
 Kingdoms^ whence their Inhabitants originally fprang. The Mer- 
 chants inde^dy by profitable Experience^ have not been altogether 
 . unacquainted with our Trade and our Growth ; and fome Gentle- 
 . men of an inquifitive Turn^ by the Help of their Correfpondents^ 
 . have obtained the Knowledge of many other Particulars equally 
 . important. But the main Body of the People conceive of thefe 
 . Plantations y under the Idea of wild^, boundlefs, inhofpitable^ un- 
 . cultivated Defarts ; afid hence the Punifiment of a Tranfporta- 
 y.tion hither y in the Judgement of mo fly is thought not much lefs 
 .fevercy than an infamous Death* Nayy appealing to FaBsy we 
 - may fafely afferty that even the publick Boards y to whofe Care thefe 
 extenfive Dominions have been more efpecially commltedy attainedy 
 . but lately y any tolerable Acquaintance with their Condition, 77jis 
 \ is the more to be wondered aty as it is natural to imagmey that 
 the Kings Governours have Jlatedly tranfmited ftdl Accounts of 
 their refpeCiive Provmces* The Cafe has been quite otherwife, 
 . i*^ Governments 
 
tl 
 
 II 
 
 ■1 
 
 Tiii T H E P R E F A C E. 
 
 Governments were heretofore too often befltmed upon Men of mean 
 Parts, and indigent Circumftances, The former were incapable 
 of the Tajk, and the latter too deeply engrojfed by the fordid Views 
 of private Inter ejl, either to purfue or fludy our common WeaL 
 The worfl Confequences have refulted from thefe Meafures, Per- 
 petual A7iimofities being engendered between the GavirnourSy t»kd 
 ^tte^eoplcfjwjeEled'fo t^eir Authority \ ml' Attempts for concili- 
 ating the Friendfjip of the Indians, promoting the Fur Trade^ 
 fecuring the Command of the Lakes j proteSliitg the Fro?itierSy and 
 exintiding our Poffejftons far into thejlnlSiJ County ^t^ ^too 
 often {given Place to pftrty Proj^6ls^andxonira^^^ ^heineSy equal- 
 ' ly ufelefs and • fhamefuL The CmduB of the French' v6^"^^/? 
 jufi the reverfe : in Spite of all the ' Dif advantages of a told (jH- 
 matey a long and dangerous Navigation up the Rpver (f St. Law- 
 rence, a roughy barreny unfettied^ Cbuntryy hckied upfrotn M 
 Communication with the Oceaky thip^eatifi Pati of the Tear; \/ 
 fayy notwithjlanding thefe Difficulties y they have feigned all the Ad- 
 vantage Sy which we have HegleBed. The Continent y for ma9iy 
 hundred Leagues y has been thoroughly explhredy ihe'ikain Paffes 
 fortifiedy innumerable Tribes «/* litdiahs, f/V/fer ^d>? over to their 
 Inter ef \^ fubdued or bridledy the Fur Trade engr off edy a Com- 
 munication maintained between the Extremes hf New*- France, //S^ 
 Britiili Colonies reflriSled to fount Lifniis along the Sea Shh'rey ai>td 
 nothing left remaining for the EflabHjhfnent of a vaJl'^'^fH- 
 pirCy but to open a free Water Paffage to theOcedny by the G^- 
 qued of the Province of New- York. -. ■ - ^ ^ 
 
 :k , If the Cover nours of thefe PluntdfionV'hnd formeriy\iielek''iiki- 
 mated by the fame generous and extenfve Views y hvhich infpiHd 
 
 9 
 
 • •• Encore moins pe\iple.** Charlevoix. " le fecret de cagncr raffcdfOn des Ame- 
 ,„i "f ** Notre nation, la fculc, qui ak cu ** riquaWuv'* uiarUvfh, 
 
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of mean 
 
 ncapable 
 
 d Views 
 
 "i WeaL 
 
 Per- 
 
 rSi -akd 
 
 conatf- 
 
 Tradcy 
 
 'rSy and 
 
 , equal- 
 
 old CU- 
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 ear ; )/ 
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 ma9iy 
 
 Fnffes 
 
 their 
 
 i Coin^ 
 
 :e, the 
 
 br ^m- 
 
 rs Am6- 
 
 Mr. 
 
 - T H E P R E F A C E. ix 
 
 Mr. Burnet ; the long projeBed Defigns of our common Enemy 
 mighty with the Aid of Great-Britain', have been many Tears ago 
 fupplantedy or at leaf defeated^ at a trifling Ex pence. But alas f 
 little^ too little^ Attention has been had to thefe important Affair Sy 
 till the late Encroachments on the River Ohio, in the Province of 
 Pennfylvania, ga^e the Alarm^ and the Miniflry were apprifed 
 of the French Machinations, by the feafinable Reprefentations of 
 General Shirley ; and if the Colonies have fiow attraSled the No- 
 tice of his Majefty and his Parliament^ their grateful Acknoisb- 
 ledgements are due principally to the nohk Lord^ to whom thefe 
 Sheets are dedicated, for his laudable Enquiries into their Staite^ 
 and his indefatigable Zeal and Indufiry for their Defe?ice and 
 Prolperity* v^ ^^\\»><'»h "'.^yc ^juVx v::.-.^^ (Uj,'.a\»> i\» ■ i-^-Xy^^.y. ^z*" •i'^>» 
 
 ' At prefent our Affairs begin to wear a mire f mi ling AfpcB^ 
 We are under the Guardianffsip of a Sovereign, who delights in 
 the Welfare of his People ; are refpeBed by a Parliajnent, affeB-* 
 ed with a generous Sympathy for the Diflreffes of their Fellow 
 SubjeBs, in all their Difperfions ; and by a wife Improvement of 
 the Britifli Aids, it is hoped, we ffall be able, to retrieve the ill 
 Confequences of our long, reproachful, and infenfible. Security. 
 
 Formerly the Colonies were at Home difregarded and defpifed^ 
 nor can any other Reafon be afftgned for it, than that they were 
 unknown. This is, in a great Degree, to be imputed to ourfelvesm. 
 If our Governours withheld thofe Informations, which their Duty 
 required them to have given, P erf on s of private Chara^ers ought 
 to have undertaken that ufeful and neceffary Tajk. But, except 
 fome Accounts of the Settlements in the Maflachufets Bay and 
 Virginia, all the other Hiflories of our Plantations upon the Con^ 
 tinent are little elfe than ColleBions of Falffjoods, and worfe thart 
 none* That this Charge againfi thofe publijhed concerning this 
 
 a Proviticiy, 
 
I*' 
 Ij 
 
 li 
 
 it^ 
 
 M T H E P R E F A C E. 
 
 Province J in particular, can be fully fupported, I perfuade my- 
 felfy will incontefiably appear from the following Summary .^ 
 concerning which I pall fay a few Words, u >'. . -. * , '/•*..% 
 Having been formerly concerned, according to an Appointment 
 by ASl of Affembly, in a Review and Digeft of our provincial 
 Laws, it was the Duty of myfelf and my Partner in that Ser- 
 vice, to perufe the Minutes of the Council, and the yournals of 
 the general AJfembly, from the glorious Revolution, at the Acceffi^ 
 on of King William, to the Tear 1751 : and as an Acquaintance 
 with our publick TranfaEiions, was a Branch of InJlruSfion, of 
 which a Student for the Profeffton of the Law ought not to be 
 ignorant, I have fince reexamined thofe Entries, begining with 
 the firfi Minutes of Council, and read over many of the Records 
 in the Secretary s Office. From thefe authentick Materials, the 
 following Pages were, in a great Meafure, compiled. For many 
 of thofe Parts, which concern our Affairs with the French and 
 the Indians, antecedent to the Peace of Ryfwick in 1697, / am 
 bound to male liberal Acknowledgements to Dr, Golden, the Au- 
 thour of the Hijiory of the 'F\WQ^QXiovi'&, .. ; , :. i ^ 
 
 Mr. Alexander, a Gentleman eminent in the Law, and equally 
 diflinguijhed for his Humanity, Generofity, great Abilities, and 
 honourable Stations, fupplied me with fome ufeful Papers ; and 
 has left behind him a ColleBion, that will be very ferviceable to any 
 Gentleman, who may hereafter incline to continue this Narrative, 
 through the Adminijlrations of Mr, Cofby, and Lieutenant Go- 
 vernour Clarke. The Draught of this JVork was unfinijbed, at 
 the Time of Mr. Alexander'^ Deceafe * ; and therefore, as it ne- 
 ver pajj'ed under his Examination, many important Additions are 
 
 • H? died on the ad of ^nV, 1756, .^,. , . 
 
 t^M r '. loft. 
 
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 /Ok 
 
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XI 
 
 mntment 
 rovincial 
 hat Ser^ 
 irnah of 
 ^Acceffi- 
 aintance 
 Siion^ of 
 'ot to be 
 ing with 
 Records 
 ialsy the 
 or manj 
 ich and 
 ^ lam 
 the Au- 
 
 es. 
 •s 
 
 ' equally 
 and 
 and 
 '<? to any 
 ''rathey 
 %nt Go^ 
 hedy at 
 'J // rte- 
 ^ns are 
 
 T H B P R E F ACE, 
 hfty which his long and iniimatt Acquaintance with the Affairs of 
 this Province would have mailed him tofupply. ^ ''^"^^^'^ ^ ^ "^ ' 
 
 When I began to frame tbii Dlgefly it was only intended for 
 private Ufe 5 and the Motives which nofw induce me to publijh ity 
 are the Gratification of the prefent Thirfi in Great-Britain after 
 American Intelligences. : contributingy as far as this Province isf 
 corner nedy to an accurate Hiftory of the.^nXv^ Empire^ in thit 
 garter of the lVorld\ aHd the ProfpeSi of doing fome fmall 
 Service to my Country ^ by laying before the Publick a fummary 
 Account of its firft Rife and prefent State. "^ v^ a - .» . . « 
 
 Influenced by thefeVkwSy I am not fo regardlefs of the Judge- 
 ment of other s^ ^smt to wifi it may be^ in fome Meafure^ accept- 
 able. To pleafe all Sorts of Readers I know is impojftble : he who, 
 writes with fuch Hopes, is a Stranger to human Nature y and will 
 be infallibly difappvinted. My Defign is rather to inform than 
 pleafe. He who delights only in Pages Jhining with illujlrious 
 CharaEierSy the Contentions of Armies y the Rife and Fall of Em- 
 piresy and other grand Events y muji have Recourfe to the great 
 Authours of Antiquity, A':D$taU of the little Tranfat'iionsy 
 which concern a Colony yfcant in its yurifdiSiiony and fiill firuggUng 
 with the Difficulties naturally attending its infant State, to Gen- 
 tlemen of this Tafii can furnift) no Entertainment. I7je enfuing 
 Narrative (for it deferves not the Name of a Hiftory, though for 
 Brevity s Sake I have given it that Title) prefent s us only a regular 
 Thread of fimple FaEls "y and even thofe unembellifijed with Reflec- 
 becaufe they themfelves fuggeft the proper Remarks y and moft 
 
 ttons. 
 
 • As the Provinces are different in their pefted, till Gentlemen of Leifure, will 
 
 Conftitutions, and with Refpedt to Go- draw up particular Accounts, of the re- 
 
 vernment, independent of each other j fpeftive Colonies, with which they are 
 
 no general Hiftory of AmtrUa can be ex- acquainted. 
 
 Jl Readers 
 
 !I 
 
 T 
 
xii THE P R E 1? A C K 
 
 Readers will doubtlefs be hefi pleafidmith their own » i%6 facred 
 Laws of Truth have heeji infringed neithigr by pofitpoe AffertionSy 
 oblique^ inftdious^ Hints^ wilful Suppreffionsy or corrupt Mifre- 
 fentation* To avoid any Cenfures of this" Kindy no Reins have been 
 given to a wanton Imagination^ for the Invention of plauftble 
 Tales y fupported only by light Probabilities \ but choofing rather 
 to be honefi and dull^ than agreeable andfalfe^ the true Import of 
 my Vouchers hath h?,en flriBly adhered to and regarded* ' 
 
 With RefpeSi to its Style y the Criticksy in that Branch of Lite- 
 raturey are at full Liberty to condemn at their Pleafure. The 
 main Ufe of Language is to expreft our Ideas* To write in the 
 gayy pleajingy Pomp of DiSlion is above' my Capacity, If an^' 
 are difpo/ed to blame me for being too verbofe^ let it be remembered 
 that this is the indefeafible Right of my Profejjiony founded upon 
 immemorial Prefcription. Perfpituity is all I have' endeanjottred 
 to maintainy nor am I at Leifure to fiudy any higher At taimne?tts 
 in Language. The Err ours of the Prefs will doubt lefs be manyy 
 but for thefe I fhall hardly be thought accountably as my re-- 
 mote Difiance deprives me of altOpportunitfes of examining the 
 Proofs, \\^\\Vy\ M. .'.«v XiiSsr\i'\ '.K -in ^r^M-;.\^tVf^\65.jv. w\'iis?«ii '/Jiv.:5' 
 
 
 tt.vS *f^\;r^jU:^ \5,Vmif^'\C\'^'^\ O*'.:!- 
 
 *, , » •» 
 
 
 'n\ 
 
 V » 
 
 
 '^5 
 
 \. 
 
 ii\t\'] yii\ -'V. h;-^* 'a\jiT»r4l ?%-.\ :'v\ 
 
 
 
 ij >utk 
 
 Ch 
 
 * THE 
 
 t 
 
r ,,-r 
 
 '%d /acred 
 ^JfertionSy 
 >/ Mi/re- 
 have heen 
 plaujible 
 ng rather 
 Xmpx)rt of 
 
 ' of Lite- 
 '■re. Tie 
 te in the 
 If any' 
 nembered 
 ded upon 
 ^eavoured 
 ainments 
 manyy 
 my re- 
 Tting the 
 
 6V.:r 
 
 ^ 
 
 .\\\ 
 
 \ » 
 
 1 v^*V^ 
 
 rV.\H\ 
 
 H £ 
 
 ,1 T5TA1 
 
 .:>^iio Y-V/;ai;^ 10 rjiOTain ~r 
 
 Ui 
 
 'll=A^... 
 
 :> 
 
 n:K'\ 
 
 THE 
 
 a IS TO R Y 
 
 
 I ' M. 
 
 NEW-YORK. 
 
 ' ■<; 
 
 :..; v.i 
 
 PART I. 
 
 r. '\/-.v o. 
 
 il'-i VJ ^>i'i«]|i<.l V J !. . 
 
 ir^w the Difcovery of the Colony to the Surrender in 1664. ~ 
 
 /CHRISTOPHER COLUMBUS] & Genoefe, employed hy Ferdinand 
 t Cy ^nd ^^^/, King and Queen of Caftile, was the firft Diicoverer of 
 %, America*. He failed from St.Lucar in Auguji 1492, and made Sight 
 
 '^^1 of one of the Bahama Iflands, on the eleventh of OSlober following. Ne^- 
 1 foundlandy and the main Continent, were difcovered five Years after, by 
 Sebajiian GabatOy a Venetiatit in the Service of Henry VII. of England^ from 
 , the 38'" to the 68'" Degree of north Latitude. 
 
 ? On the tenth of April 1606, King James I. for planting two Colonies, 
 palled the great North and South Virginia Patent. To Sir Thomas Gates and 
 t others. Leave was given to begin a Plantation, at any Place on the Conti- 
 tent, they fhould think convenient, between the 34*'' and 41*^ Degrees of 
 Latitude : and all the Lands extending 50 Miles, on each Side, along die 
 Coaft, 100 Miles into the Country, and all the Iflands within 100 Miles, 
 oppofite to their Plantations, were granted in Fee, to be called the ivr// 
 Colony. By the fame Patent, a Uke Quantity was granted to Thomas Hen- 
 bam t Efqj and others, for a Plantation between 38 and 45 Degrees of La- 
 
 * Some Authors allcdge, that Columbus firft Chrijlopher Columbus failed, before his Brother 
 
 offered his Services to the Republic of Genoa ; Barthohmeiv had laid the Projed before tha 
 
 then to JohnW. o^ Portugal^ and afterwards to King, which was owing to his falling into tho 
 
 our King Htnry VII \ but this difagrces with Hands of Pirates on his Way to England. ^ 
 Lord Bacon's Account, who informs us, that . „ ., . ,. , „ , , 
 
 B. tf V t' ^ ! . 1 titude. 
 
i THE HISTORY OF NEW-YORK. part r, 
 
 titude, under the Name of the Second Colony. The firft began a Settlement 
 m the great Bay {Cheafapeak) in 1607, The latter was planted at Plymoatb 
 in N'eiv-Englafidy 1620. ' ' 
 
 flemy Hudfon^ an Englifiman^ accordtRg to oiur ,Author-Ss in the Year 
 r6d8'*, under a Commiffion from the King his Mailer, difcovered Long 
 IJlandy New-Yorky and the River which ftill bears his Name j and after- 
 wards fold the Country, or rather his Right, to the Dutch. Their Writers 
 contend, that Hudfon was fent out by the Eaji-India Company in 1609, to 
 difcover a North-weft Paflage to China', and that having firft difcovered 
 Delaware "Bay, he came ^hidier, and penetratsd up Hii^'s River, as far 
 Noith- tis the Latitude oF 43°. It is faid, however, thmf*there was a Sale, 
 and that the Englijh objedled to it, though they for fome Time negleded ta 
 oppofe the Z)?//c^ Settlement of the Cewntry. ij 
 
 In 1 6 10, Hudfon failed again from Holland to this Country, called by the 
 Dutchy New-Netherlands ; and four Y^acs after, the States General granted 
 a Patent to fundry Merchants, for an exclufive Trade on the North River, 
 who in 1 6 14 built a Fort, on the Weft Side, ne^r Albany, which was4rft 
 commanded by tienry Chrijliaens. Captain Argal vfzs fent but by Sir Ty69>- 
 mas Dale, Govemour of Vtrginia, in die fame Year, to difpoflefe the FrenS 
 of the two Towns of Port-kcyal arid 5/. Croix, lying on each Side of the 
 Bay of Fundy in Acadia, then claimed as Part of Virginia -f-. In his Re- 
 turn, lie vifited the Dutch on Hudfon s River, who being unable to refift him, 
 prudently fubmited for the prelent to the King of England, and under him 
 to the Govemour of Virginia. The very next Year, they erefted a Fort 
 on tlie South-weft Point of the Illand Manhattans, and two others in 1623 : 
 one called Good-Hope, on ConneSlicut River, and the other Naffau, on the 
 Eaft Side of Delaware Bay. The Author of the Account of New-Nether- 
 land X afferts, tliat the Dutch purchafed the Lands on both Sides of that 
 
 • Charlevoix, a French Jefuit, Author of the 
 General Hiftory of New France, thinks this 
 Difcovery was in 1609, Vol. I. 12' Edition, 
 p. 221. But Stithy Druglafs, Oldmlxoriy and other 
 Englijb Writers agree, that Hudfon's firft Voyage 
 was in the preceding Year. 
 
 f Charlevoix places this Tranfaftion in 1613. 
 Vol. I. Hift. of A^. France in I2», p. 210. But 
 Stithy whom I follow, being a Clergyman in 
 yirgiiiia, had greater Advantages of knowing 
 the Truth than the French Jefuit. 
 <- % The Pamphlet is entitled, *• B^chry vinghe 
 
 %•■ 
 
 ** van Virginia, Neiuw Nederland," &c. and 
 was printed at Amjierdam in 165 1. It contains 
 two Defcriptions of the Dutch PoiTeflions. The 
 firft is a Copy of that publifhed by John I>e Laet 
 at Leyden. The fccond gives a View of this 
 Country feveral Years after, in 1649. A fhort 
 Reprefentation of the Country of the Maha- 
 kuafe Indians, written in 1644, by fohn Mega- 
 pdlenftSy jun. a Dutch Minifter refiding here, i* 
 annexed to that Part of the Pamphlet concern- 
 ing NeW'Ntthtrtand. 
 
 River 
 
 t 
 
 M 
 
 .M 
 
 ■1 
 
 St 
 
 J 
 
 f 
 
he Year 
 •ed Lmg 
 id after- 
 • Writers 
 1609, to 
 ifcovered 
 r, as far 
 as a Sale, 
 jle(5ted ta 
 
 ;d by the 
 
 I grsttited 
 
 th River, 
 
 was4,rft 
 
 f Sir Ti^fl^ 
 
 he Frertch 
 
 ide of the 
 
 L his Re- 
 
 efifl: him, 
 
 nderhim 
 
 a Fort 
 
 [in 1623: 
 
 on the 
 
 -Nether' 
 
 ;s of that 
 
 I," &c. and 
 
 It contains 
 
 (ions. The 
 
 ihn Vt Laet 
 
 liew of this 
 
 A fliort 
 
 Ithe Maha- 
 
 fohn Mega- 
 
 Ing here, \% 
 
 :t cdncern- 
 
 River 
 
 ,1 
 
 FARTi. THE HISTORY OF NEW-YORK. 3 
 
 Kivcr in 1632, before the Englijh were fettled in thofe Parts -, and that they 
 difcovered a little frefh River, farther to the Eaft, called varfche Riviertiey to 
 djllinguifh it from Corme^cut River, known among them, by the Name of 
 ^uarfcbe Rmer^ which Vanderdonk alfo claims for the Dutch. '^^ " 
 
 Determined upon the Settlement of a Colony, the States General made a 
 Grant of the Comitry, in 1621, to the WeJi-InMa Company. Wouter Van 
 ^wilier ^ arrived at Fort-Am/Urdamy now New-Tork, and took upon himfelf 
 the Government in June 1629. His Style, in the Patents granted by him, 
 was thus, " We Direftor and Council, refiding in New-Netherland on the 
 " Ifknd Manhattans, under the Government of their High Mightiueffes, the 
 " Lords States General of the United Netherlands^ and the Privileged PVeJi- 
 " India Company." In his Time the New-England Planters, extended their 
 Pofleflion Weftward as far as ConneSiicut River. Jacob Van Curlet^ the Com- 
 miflary there, protefted againft it, and in the fecond Yeai' of the fucceeding 
 Adminiftration, under ;>V;v^::>>^ iij* '>m rxn • .r ;,/:.- <;-.> 
 
 William Kieft*y who appears firft in 1638, a Prohibition was iflued, 
 forbiding the Englijh Trade at Fort Good-Hope j and (hortly after, on Com- 
 plaint of the Infbl^ce of the Englijh^ an Order of Council was made for 
 fending more Forces thCTe, to maintain the Dutch Territories. Dr. Mather 
 confefles, that the Neuo^-England Men, firft formed their Ddlgn of fettling 
 ConneSiicut River in 1635, bdwe which Time, they efteemed that River, at 
 leaft 100 Miles from any Englijh Settlement j and that they firft fcated 
 themfelves there in 1636, at Hartfordy near Fort Good-Hope y at Weathersfieldy 
 Windfory and Springfield. Four Years after, they feized the Dutch Garrifon, 
 and drove them from the Banks of the River, having firft fettled New- 
 Haven in 1638, regardlefs of Keiffs Proteft againft it. 
 
 The Extent of New-Netherlandy was to Delaware y then called South River 
 and beyond it j for I find, in the Dutch Records, a Copy of a Letter from 
 William Kiefty May 6, 1638, directed to Peter Minuit -f, who feems, by the 
 
 * We have no Books among our Dutch Re- 
 cords remaining in the Secretary's Office, relating 
 to State Matters, before Kie/t'a Time, nor any 
 Enrolment of Patents, till a Year after Fan 
 Twiller arrived here. Mr. Jacoi Goeltt fupplied 
 us with feveral Extracts from ^c Dutch Records. 
 
 t The anonymous Dutch Author of the De- 
 fcription of New-Ntthtrland m i6j^i)y calls him 
 Minntwits', and adds, that in i6j^ he arrived 
 at De/atvare with two Veflels, pretending that 
 he touched for Rtffrelhment in his Way to the 
 IVeJi-lndUi \ but that he foon threw off the Dif- 
 
 guife, by employing his Men in erecting a Fort. 
 The fame Hiftorian informs us, of the Murder 
 of feveral Dutch Men, at South Rivery by the /«- 
 dtanty occafioned by a Quarrel, concerning the 
 taking away the States Arms, which the former 
 had eredted at the firft Difcovery of that Countiy ; 
 in refenting which, an Indian had been killed. If 
 Kie/t's Letter alludes to this Affair, then Minuit 
 preceded Van Twillevy in the chief Command 
 here i and being perhaps difobliged by the Dutchy 
 entered into the Service of the Qiieen of Sweden. 
 
 IX 
 
 B 2 
 
 Tenor 
 
li' 
 
 •i 
 
 hi 
 I I 
 
 14 I 
 
 f . , ''the history of NEW-YQRK. parti; 
 
 Tenor of it, to be the SwediJIj Governour of NewSiveden, afleiting, " that 
 *' the whole South River of New-Netherlands y had been in the Dutch Pof- 
 */ feflion many Years above and below, befet with Forts, and fealed with 
 " their Blood." Which iGrV// adds, has happened even during yourAdmi- 
 niftration " in New-Netherlandy and fo well known to you." 
 
 The Dutch Writers are not agreed in the Extent of JSfova Belgia or New- 
 Netherland > fome defcribe it to be from Virginia to Canada j and others in- 
 form us, that the Arms of the States General were erefted at Cape Cody 
 Conncdlictity and Hudfons River, and on the Weft Side of the Entrance into 
 Delaware Bay. The Author of the Pamphlet mentioned in the Notes gives 
 Canada River for a Boundary on the North, and calls the Country, North- 
 Weft from Albany ^ Terra Incognita. 
 
 In 1640, the Englijhy who had overfpread the Eaftern Part of Long I/landy 
 advanced to Oyjierbay. Kieft broke up their Settlement in 1642, and fited 
 out two Sloops to drive the Englijh out of Schuylkilly of which the Mary- 
 landers had lately poffeffed themfelves. The Inftru6lions, dated May 22, to 
 Jan Janfen Alpendam^ who commanded in that Enterprife, are upon Record^ 
 and ftrongly aflert the Right of the Dutch ^ both to the Soil and Trade 
 there. The Englip from the Eaflward ftiortly after fent Deputies to New- 
 Amjlerdam^ for the Accommodation of their Difputes about Limits, to 
 whom the Dutch offered the following Conditions, entered in their Books 
 exactly in thefe Words : ".. - - • ^' i , ;r. 
 
 I*: 
 
 l\ 
 
 ** Conditiones a D. Direftore Gen. fenatuys Novi Belgii, Dominis Wey- 
 " " tingh atque Hill, Delegatis a nobili Senatu Hartfordienfi, oblatae : 
 
 " Pro Agro noftro Hartfordienfi, annuo perfolvent PrsepotentifT. D.D. 
 
 " Ordinibus Feed. Provinciarum Belgicarum aut eorum Vicariis, decimam 
 
 ** Partem Reventus Agrorum,tum Aratro, tum Ligone, aliove Cultorum me^ 
 
 ** dio i Pomariis, Hortifqj Oleribus cQcatis, Jugerum Hollandium non exce- 
 
 " dentibus exceptis j aut Decimarum Loco, Pretium nobile poftea conftituen- 
 
 " dum, tam diu quam diu pofleflbres ejufdem Agri futuri erunt. Adhim in 
 
 " Arce Amftelodamenfi in novo Belgio Die Julii 9 Anno Chrifti 1642." 
 
 We have no Account that the Englijh acceded to thefe Propofals, nor is 
 it probable, confidering their fuperior Strength, that they ever did : on the 
 contrary, they daily extended tlieir Pofleflions, and in 1643 the Colonies of 
 the MajJ'nchufefs Bay, Plymouth, ConneSlicut, and New-Haven, entered into a 
 League both againft the Dutch and Indians, and grew fo powerful as to 
 meet fliortly after, upon a Defign of extirpating the. former. TJie Maja- 
 
 ditj'et's 
 
 ■;l 
 
 .;'. . jr.J 
 
 ■ly. 
 
FART r. 
 
 J, " that 
 utch Pof- 
 lied with 
 ar Admi- 
 
 or Neis}- 
 rthers in- 
 i^ape Cody 
 ance into 
 >tes gives 
 ir, North- 
 
 5>«^ yiandy 
 and fited 
 he Mary- 
 {ay 22, to 
 n Record,, 
 nd Trade 
 s to Nenv- 
 jimits, to 
 eir Books 
 
 inis Wey- 
 )blataE : 
 
 tiff. D.D. 
 
 decimam 
 3rum me^ 
 non exce- 
 onftituen- 
 A6lum in 
 
 1642." 
 
 lis, nor is 
 i : on the 
 clonics of 
 red into a 
 fill as to 
 he Maja- 
 
 PARTI. THE HISTORY OF NEW-YORK. 5. 
 
 chufet's Bay declined this Enterprife, which occafioned a Letter to Oliver 
 Cromnvell from J^llliam Hookey dated at New-HaveUy November 3, 1653, in 
 which he complains of the Dutcby for fupplying the Natives with Arms and 
 Ammunition, begs his Affiftance with two or three Frigates, and that Let- 
 ters might be fent to the Eaftern Colonies, commanding them to join in an 
 Expedition ag^ft the Dutch Colony. Olivers Affairs would not admit of 
 fo diftant an Attempt *, but Richard Cromwell afterwards drew up In- 
 ftru6tions to his Commanders for fubduing the Dutch here, and wrote Let- 
 ters to the Englijh American Governments for their Aid j Copies of which 
 are preferved in Tburloe's Coll©£lion, Vol. L p. 721, &c. 
 
 Peter Stuyvefant was the laft Dutch Gk>vemour, and tho' he had a Com- 
 
 ^ million in 1646, he did not begin his Adminiftration till Mzy 27, 1647. 
 
 fi* The Inroads and Claims upon his Government, kept him conftantly em- 
 
 ! ployed. New-England on the Eafl:, and Maryland on the Weft, alarmed 
 
 his Fears by their daily Increaie j and about the fame Time Captain Forrejiery 
 
 i a Scotchmarty claimed Long IJland for the Dowager of Stirling.. The Swedes 
 
 ; too were perpetually incroaching upon Delaware. Through the Unlkilful- 
 
 nefs of the Mate, one Defwycky a Swedijh Captain and Supercargo arrived 
 
 in Raritan River. The Ship was feized, and himfelf made a Prifoner at 
 
 ', NeW'AmJierdam. Stuyvefant's K<^2Sons viqxq xh&k. In 165 1, tlie Z>«/ry& built 
 
 ;i Fort Cajimir^ now called Newcajlky on Delaware. The Swedes, indeed, 
 
 *| claimed the Country, and Printz their Governour formally protefted againft 
 
 the Works. Rijinghy his Succeffor, under the Difguife of Friendfhip, came 
 
 before the Fortrefs, fired two Salutes, and landed 30 Men, who were enter- 
 
 V: tained by the Commandant as Friends ; but he had no fooner difcovered the 
 
 1^ Weaknefs of the Garrilbn, than he made himfelf Mafterof it, ieizing alio 
 
 * The War between him and the States, 
 which began in July 1652, was concluded by a 
 Peace on the fifth of Jprtl 1654. The Treaty 
 makes no particular Mention of this Country. 
 If any Part of it can be confidered as relating to 
 the A/nerican Pofle/Iions, it is to be found in tlie 
 two firft Articles, which are in thefe Words : 
 '♦ Impriinisy It is agreed and concluded, that, 
 " fjom this Day forwards, there be a true,firm, 
 *' and inviolable Peace, a fincere, intimate and 
 «' clofe Friendfhip, Affinity, Confederacy, and 
 *' Union, betwixt the Republic of England and 
 «' the States General of the United Provinces of 
 the Ncthcrlamlsy and the Lands, Countries, 
 
 C( 
 
 " Cities, and Towns, under the Dominions of 
 *' each, without Diftinftion of Places, together 
 •* with their People and Inhabitants of whatfo- 
 '* ever Degree." 
 
 II. « That hereafter all Enmity, Huftility, 
 *' Difcord, and Contention, betwixt the faid 
 *' Republics, and their People and Subjects, 
 ** (hall ceafe, and both Parties fhall hcnccfoi - 
 «♦ forwards abllaia from the commitliio; all 
 " Manner of Mifchief, Plunder, and Injuries, 
 " by Land, by Sea, and on the frc(h Wa'en^, 
 *' in all their I^ands, Countries, Dominioji.i, 
 " Places, and Governments whiitfbcver." 
 
6 
 
 THE HISTORY OF NEW-YORK. PARTr. 
 
 upon allr die Anuntmition, Houfes, and other £ffe£);S of the Wejl-Ifuita Com* 
 pemy, and compelling fcveral of the People to fwear Allegiance to ChriJHna 
 Queen of Sweden. The Dutchy in 1655, prepared to retake Fort d^mir. 
 Stuyvefant commanded the Forces in Perfon, and arrived with them in Deia^ 
 ware the 9th of September. A few Days after, he anchored before the 
 Garrifon, and landed his Troops. The Fortrefe was immediatdy de- 
 manded as Dutch Property : Suen ScutZy the Commandant, delired Leave to 
 confult Rifinght which being refufed, he furrendered the i6th of Septetth- 
 her on Articles of Capitulation. The whole Strength of the Place con- 
 fifted of four Cannon fourteen PounderSj five Swivds, »id'a Parcel of 
 finall Arms, which were all delivered to the Coniquered. Fort Chrijiina 
 was commanded by Rifingh. Stuyvejant came before it, and Rtfingh fur- 
 rendered it upon Terms the 25th of September. The Country being thus 
 fubdued, the Dutch Govemour ilTued a Proclamation^ in Favour of fuch of 
 the Inhabitants, as would fubmit t6 the new Government, and about 30 
 Swedes fwore, " Fidelity and Obedience to the States General, the Lords 
 " Dire£lors of the Weji-India Company, their Subalterns of the Province of 
 " New^Netherlandsy and the Director General then, or thereafter, to be 
 ** €ftablifhed." Rtfingh and one Eljwychy a Trader of Note, were ordered 
 to France y or Englandy and the Reft of the <S'!:£J*<///5& Inhabitants to HoUand, 
 and from thence to Gottenberg. The Swedes being thus extirpated, tlie 
 Dutch became poflefled of the Weft-fide of Delaware Bay, now called 
 *The three lower Counties. 
 
 This Country was afterwards under the Command of Lieutenant- 
 Governours, fubjeft to the Controul of, and commiffioned by, the Di- 
 rector General at New-Amjierdam. Johan Paul Jaquet was the firft Vice- 
 Direftor, or Lieutenant-Governor, of South River. His Succeflbrs were 
 AlrLcksy Himjojfay and William Beekman. The Pofterity of the laft remains 
 ^mongft us to this Day. Thefe Lieutenants had Power to grant Lands, 
 and their Patents make a Part of the ancient Titles of the prefent Pof- 
 feflbra. AlricK^ Commiflion, of the 12th oi April 1657, fliews the Extent 
 of the Dutch Claim on the Weft-fide of Delaware at that Time. He was 
 appointed *' Dire6tor General of the Colony of the South River of New- 
 Netherlandsy and the Fortrefs of Cajimiry now called Niewer Amflely with 
 all the Lands depending thereon, according to the firft Purchafe and 
 Deed of Releafe of the Natives, dated 'july 19, 1651, beginning at the 
 Weft-fide of the Minquaay or Chrifltna Kitty in the Indian Language 
 ^' named Sufpecoughy to the Mouth of the Bay, or River called Bompt-Hooky 
 
 '•A- 
 
 -<( 
 
 (C 
 
 (C 
 
 m 
 
PART r. 
 
 nMaGbm* 
 D ChriJHna 
 rt Cq/tmir. 
 1 in Deia- 
 before the 
 liatety de- 
 d Leave to 
 of Septent' 
 •lace con- 
 Parcel of 
 t Chrijiina 
 'ifingh fur- 
 being thus 
 of fuch of 
 about 30 
 the Lords 
 Province of 
 fter, to be 
 ere ordered 
 to IhlUtnd^ 
 rpated, tlie 
 low called 
 
 ieutenant- 
 the Di- 
 
 irft Vice- 
 
 Ibrs were 
 
 : remains 
 
 int Lands, 
 
 efcnt Pof- 
 
 the Extent 
 
 He was 
 
 rof New- 
 
 mfielt with 
 
 chafe and 
 
 ing at the 
 
 Language 
 
 mpt-Hook^ 
 
 " in 
 
 
 PARTI. THE HISTORY OF NEW-YORK. 7- 
 
 " in the InMan Language Camarejfe j and fo far inland as the Bounds and 
 " Limits of the Minquam Land, with all the Streams, Gfc. Aj^urtenances, 
 " and Dependencies." Of the Country Northward of the !&//, 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 dxmt till the fucceeding Year. 
 
 In the Year 1659, frefli Troubles arofe from the Maryland Claim to the 
 Lands on South River $ and in September Colonel Nathaniel Utie^ as Com- 
 miffioner from FWrf/ Lord Baltimore's Govemour, arrived at Nieiver Amjlel 
 from Maryland. The Country was ordered to be evacuated, Lord Baltimore 
 claiming all the Land, between 38 and 40 Degrees of Latitude, from Sea 
 to Sea. Beekman and his Council demanded Evidence of his Lordfhip's* 
 Right, and offered to prove the States General's Grant to the Wejl-India 
 Company, theirs to them, Payment for tlie Land and Pofleflion j and upon 
 the Whole propofed to refer the Controverfy to the Republics of England 
 and Holland^ praying at the fame Time, three Weeks to confult Stuyvefanfy 
 the General. The Commiflioner notwithftanding, a few Days after, warned 
 him to draw off, beyond the Latitude of 40° : but Beekman difregarded the 
 Threat. Colonel Utie thereupon returned to Maryland, and an immediate- 
 Invaiion was expected. > rfi.;.,u 
 
 Early in the Spring of the Year 1660, Nicholas Varleth, and Brian Newton, 
 were difpatched from Fort Amfterdam to Virginia, in Quality of AmbafTa- 
 dors, with fiiU Power to open a Trade, and conclude a League, ofFenfive 
 and defenfive agsdnft the Barbarians. William Berckly, the Govemour, gave 
 them a kind Reception, and approved their Propofal of Peace and Com- 
 merce, which Sir Henry Moody was fcnt here to agree upon and perfe«Sl. 
 Four Articles, to that Purpofe, were drawn up, and fent to the Govemour 
 for Confirmation. Stuyvefant artfully endeavoured, at this Treaty, to pro- 
 cure an Acknowledgment of the Dutch Tide to the Country, which Berckly^ 
 as carefully avoided. This was his Anlwer. 
 
 C( 
 
 SlR,^ 
 
 \'^ 
 
 
 (C 
 
 C( 
 
 " I have received the Letter, you were pleafed to fend me, by Mr. Mills 
 his VefTel, and fhall be ever ready to comply with you, in all A6ls of 
 neighbourly Friendlhip and Amity. But truly. Sir, you defue me to 
 do that, concerning your Tides, and Claims to Land, in this northern 
 Part of America, which I am in no Capacity to do j for I am but a Ser- 
 vant of the AfTembly's : neither do they arrogate any Power to them- 
 
 *.* felves. 
 
(( 
 
 (C 
 
 (( 
 
 (C 
 (C 
 
 (( 
 
 (C 
 
 tt 
 
 THE HISTORY OF NEW-YORK. parti. 
 
 felves, farther than the miferable Diftra6lions of England force them to. 
 For when God fhall be pleafed in his Mercy, to take away and diflipate 
 the unnatural Divifions of their native Country, they will immediately 
 return to their own profeffed Obedience. What then they fhould do 
 in Matters of Contraft, Donation or Confeflion of Right, would have 
 little Strength or Signification j much more prefumptive and impertinent, 
 would it be in me to do it, without their Knowledge or Aflent. We 
 fhall veiy fhortly meet again, and then, if to them you fignify your De- 
 iucs, I fhall labour all I can, to get you a fatisfadtory Anfwer. 
 
 «' I am, Sir, 
 
 ;J 
 
 
 'ru . 
 
 :..■ h 
 
 ,>J. ■■: 
 
 \^.-^\ 
 
 I' 1 
 
 - " Virginia, 
 
 *« Auguf 20, 1660. in 
 
 '>i . /;JK ;..c f ,, Your humble Servant;, ' ; 
 "iv^ vi*. i i^ "r ;. "William Berckly." 
 
 !l 
 
 Hi 
 
 Governour Stuyvefant was a faithful Servant of the Weji-India Company : 
 tills is abundantiy proved by his Letters to them, exciting their Care of the 
 Colony. In one, dated y^/»?77 20, 1660, which is veiy long and pathetic, 
 reprefenting the defperate Situation of AfFaus on both Sides of the New- 
 Netherland^ he writes, " Your Honours imagine, that tiie Troubles in 
 " EngltMid will prevent any Attempt on thefe Parts : alas ! they are Ten 
 .*' to One in Number to us, and are able without any Affiflance, to deprive 
 " us of the Country when tiiey pleafe." On the 25th of June^ the fame 
 Year, he informs tiiem, " that tiie Demands, Enchroachments, and TTfu:- 
 pations, of the Englijhy gave the People here great Concern. The Right 
 to both Rivers, fays he, by Purchafe and PofTeflion is our own, without 
 Difpute. We apprehend, that they, our more powerful Neighbours, lay 
 their Claims under a Royal Patent, which we are unable hitherto to do 
 in your Name *." Colonel JJtie being unfuccefsful the lafl Year, in his 
 Embafly for tiie Evacuation of the Dutch Pofleflions on "Delaware^ Lord 
 Baltimore m. Autumn 1660, applied by Captain Nealy his Agent to tiie 
 
 (( 
 
 .<( 
 
 C( 
 
 <( 
 
 * If we fliould argue, from this Letter, that 
 the Wtjt-lndia Company had no Grants of the 
 NiW-Netherl(inds, from the States General, as 
 fome fuppofe, we cjifcrcdit De Lact's Hiftory, 
 dedicated to the Eiatcs in 1624, as well as all 
 the Dutch Writers, nn ! even Stuyvrfnut hinifelf^ 
 ttho in his Letter to kjchwii Nicslls, at the Sur- 
 
 render, afierts, that they had a Grant, and fhew- 
 ed it under Seal to the Englijh Deputies. But 
 the genuine Conftrii(£tion of the Dutch Gover- 
 nour's Letter, is this, that in 1660, he had not 
 the Patent to the Wcli- India Company, to lay 
 before: the Englijh in America^ who difputed the 
 Dtit'chi Right to this County. 
 
 ■ . "J ^•' Wejl- 
 
PART I. 
 
 X them to. 
 id difiipate 
 [iimediately 
 fhould do 
 vould have 
 npertinent, 
 ffent. We 
 f your De- 
 
 ► ■ • • 
 
 • t. ■ r • ; • • 
 
 SRCKLY. 
 
 ■5r] 
 
 r.v 
 
 Company : 
 
 Care of the 
 
 d pathetic, 
 
 f the New- 
 
 'roubles in 
 
 ly are Ten 
 
 to deprive 
 
 ', the fame 
 
 and TTfur- 
 
 The Right 
 
 n, without 
 
 iboitrs, lay 
 
 erto to do 
 
 ar, in his 
 
 vare^ Lord 
 
 mt to tlie 
 
 nt, and fliew- 
 eputies. But 
 ^utch Gover- 
 
 he had not 
 npany, to lay 
 
 difputed the 
 
 Wejl- 
 
 % 
 
 (C 
 
 « 
 
 PARTI. THE HISTORY OF NEW-^^ORK- "^ 
 
 WeJl'India Company, in Holland^ for an Order on the Inhabitants of South 
 River to fubmit to his Authority, which they abfolutely rcfufed, aflcrting 
 their Right to tliat Part of their Colony. 
 
 Tht Englipy from New-Englandy were every Day incroaching upon the 
 Dutch. The following Letter, from Stuyvefant to the Weji-India Company, 
 dated July 21, 1661, fhews the State of the Colony at that Time, on both 
 Sides. " We have not yet begun the Fort on Lovg IJlandy near Oyjlerbayl 
 " becaufe our Neighbours lay the iioundaries a Mile and an half more 
 *• Wefterly, than we do, and the more as your Honours, by your Advice' 
 
 of December 24, are not inclined to ftand by the Treaty of Hartford^ arid 
 
 propofe to fue for Redrefs on Long IJland and the Frejh Water River ^ by' 
 "** Means of the States Ambaflador. Lord Sterling is faid to follicit a Con- 
 ** fii"mation of his Right to all Long IJland^ and importunes the prefent 
 " King, to confirm the Grant made by his Royal Father, whicli is affimied 
 *• to be already obtained. But more probable, and material, is the Advice 
 " from Maryland, that Lord Baltimore's Patent, which contains the South- 
 " 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 
 " Governour there, has received Lord Baltimore's Claim, and Protell to your 
 " Honours in Council, (wherewith he lecms but little fatisfied) and has 
 *' now more Hopes of Succefs. We have Advice from England, that there 
 " is an Invafion intended againft thefe Parts, and the Country follicited of 
 " the King, the Duke, and the Parliament, is to be annexed to their Do- 
 ** minions j and for that Purpofe, they defire three or four Frigates, per-. 
 " fuading the King, tliat the Company poflefled and held this Countjy- 
 " under an unlawful Title, having only obtained of King James Leave for 
 ** a watering Place on Staten IJland, in 1623." 
 
 \n Auguji 1663, a Ship arrived ivova Holland at South River ^ with new 
 Planters, Ammunition, and Implements of Hufbandiy. Lord Baltimore's 
 Son landed a little after, and was entertained by Beekman at Nienver Amftel. 
 This was Charles, the Son oi Cecilius, who in 1661, had procured a Grant 
 and Confirmation of the Patent, pafled in Favour of his Father in 1632. 
 The papiftical Principles of the Baltimore Family, the Charge of colonizing, 
 the Parliamentary War with Charles I. and Oliver's Ufurpation, all confpircd 
 to impede the Settlement of Maryland, till the Year 1661. And thefe Con- 
 fiderations account for the Extenfion of the Dutch Limits, on the Welt-fide 
 of Delaware Bay. 
 
 rr::- 
 
 ■■;.'.i 
 
 While 
 
m 
 
 ^o THE HISTORY OF NpW-TQRKi. parti* 
 
 WHl? the Duttb were contcn^ng wit^ their J^mfeaUf N^f^hwxs^ they 
 had the Art always to ijiaintain s^ Fri^ndftup with the ]^*tivc$, yutii the 
 War which broke out this Year with the hdiam at Eja^uSt now Uljier 
 County. It continued, however, but a fhort Seafon. The five Nations 
 never gave them any Difturbance, whijch was owing to theii* ppntinual War^ 
 with the Fr«ir/&, who fettkd at Ca^a^/ in 1603. I have before obrfe<ved». 
 that Oliver Cromwell was applied to, for his Aid in the Redu6tion of this 
 Country, and that his Son Richard took fome Steps towards accompUfliing 
 tlie Scheme j tlie Work was however referved for the Reigii of Charles II. 
 an indolent Prinqe, and entiuely given up to Pleaiiur-e, who was drivei\ to it, 
 more perhaps, by tlie Differences tli^n fubiiiling between Bngiand and 
 Ihlland, than by any Motive tliat might refle6l Honour upon his Prudence, 
 A6livity, and PubUc-Spirit. Before tliis Expedition, the King granted a 
 Patent on the i2di of March 1664, to his Brother, the Duke of Tork and 
 Albany^ for funchy Trails of Land in America^ the Boundaries of which-, 
 becaufe they have given Rife to important and animatjed, Debates, it may 
 not be improper to tranfcribe. , "■ ' l ' • 
 
 " All that Part of the main Land of Neiv-England, beginning at a certain 
 Place, called or known by the Name of St. Croix, next adjoining to New- 
 Scotland in America, and from thence extending along the Sea-coaft, unto 
 a certain Place called Pemaquie, or Pemeqitid, and fo up the River thereof,, 
 to the furtheft Head of the lame, as it tendeth Northwaid ; and extend- 
 ing from thence, to the River of Klmbequin, and fo upwaixls, by the 
 fliortefl: Courfe, to the River Canada Northward : and alfo all that Ifland,, 
 or Iflands, commonly called by the feveral Name or Names of Meitowacks, 
 or Long Ifland, fituate and being towards the Weft of Cape Cod, and the 
 narrow Higanfetts, abutting upon the main Land, between the two 
 Rivers, there called or known by the feveral Names of ConneSficut and 
 Hudjhns River, together alfo with the faid River, called //wrt^w's River,, 
 and all 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 Martins Vineyard, or Nantujclis, otherwife Nantucket : 
 together, Csc" . . • ^ 
 
 1 1.» 
 
 <c 
 <( 
 « 
 «f 
 
 i< 
 
 It 
 
 4C 
 (( 
 (( 
 IC 
 
 (I 
 
 <t 
 
 C( 
 
 <( 
 
 '♦ 
 
 Part of this Tra^ was conveyed by the Duke, to John Loi*d Berkley, 
 Baron of Stratton, and Sir George Carteret of Saltrum in Devon, who were 
 then Members of the King's Council. The Leafe was for the Confideration 
 of ten Shillings, and dated the 23d of June 1664, The Releafc, dated the 
 
 / next 
 
 III 
 
 i. -i ? 
 
 \l 
 
5QVUSx they 
 mitU the 
 now U^lt'r 
 he Nations 
 naal War^ 
 i obfe<ved». 
 ion of this 
 ompUfliing 
 a^r-i^^ II. 
 rivei\ to it, 
 
 Piiideiice, 
 
 granted a 
 
 Totk ajid' 
 
 of which, 
 
 tes, it Kxay 
 
 t a certain 
 ig to New- 
 coafV, unto 
 ^er thereof, 
 nd extend- 
 ds, by the 
 at Ifland, 
 
 and the 
 the two 
 Slt'cut and 
 River,. 
 Eaft-fide 
 cnown by 
 IdJitucket : 
 
 -r'l '» 
 
 Berkley, 
 who were 
 ideration 
 dated the 
 next 
 
 ws 
 
 C( 
 
 <c 
 
 <c 
 
 <c 
 
 (C 
 
 !»Aftti, THE HlStOkV O^ KfeW^VORK. n 
 
 tiejtt Day, mehtibrts no particular Sum of Money, as a Confideration for 
 the Grant of the Lands, Which have the following Description. 
 
 " All that Tra(^ of Land, adjacent to Neiv-Ef^land, and lying and being 
 " to the Weftward of Long IJland, and bounded on the Eaft-part by the 
 main Sea, and partly by Hudjbns River j and hath upon the Weft, Dela- 
 ivare Bay, or River, and extendeth Southward, to the main Ocean as far 
 " as Cape May, at the Mouth of Delaware Bay : and to the Northward, as 
 far as the northermoft Branch of the faid Bay or River oi Delaware, which 
 is forty one Degrees and forty Minutes of Latitude : which faid Tradt of 
 Land is hereafter to be called by the Name, or Names of Nova Ccefarea, 
 " or New Jerfey." 
 
 '' Thus the New-Netherlands became divided into New Jerfey, fo called 
 after the Ifle of Jerfey, in Compliment to Sir Oeorge Carteret, wliofe Family 
 came from thence ; and New-Tork, which took its Name in Honour of the 
 Duke of 2^r/^. — • f •- ; 
 
 The Dutch Inhabitants, by the Vigilance of their Governour, were not 
 imapprifed of the Defigns g^ the EngliJJj Court againft them, for their 
 Records tcftify, that on the 8th of July, ** The General received Intelli- 
 gence, from one T^homas Willet, an Eiiglijloman, that an Expedition was 
 preparing in England, againft this Place, confifting of two Frigates of 40 
 and 50 Guns, and a Fly Boat of 40 Guns, having on board three hun- 
 dred Soldiers, and each Frigate 150 Men, and that they then lay at 
 Portfmouth, waiting for a Wind." News arrived alio from Bojhn, that 
 they had already fet fail. The Burgomafters were thereupon called into 
 Council. The Fojtrefs ordered to be put into a Pofture of Defence, and 
 Spies fent to Milford and Wcji-chefler for Intelligence. Bofion was in the 
 Secret of the Exjjedition, for the General Court had in May preceding, 
 paficd a Vote for a Supply of Provifions, towards Vefreftiing the Ships on 
 their Arrival. They were four in Number, and refolved to rendezvous at 
 Gardeners IJland in the Sound, but parted in a Fog about the 20th ai July. 
 Richard Nicolls and Sir Qccrge Carteret, two of the Commiflloners, were on 
 boaid the Guyny, and fell in firft with Cape Cod. The Winds having blown 
 from the South-weft, the other Ships, with Sir Robert Car, and Mr. Maventck, 
 the remaining CommilTioners, were rightly concluded, to be driven to the 
 I''aftward. After difpatching a Letter to Mr. Winthrop, the Governour of 
 Cmvu'ulkut, requefting his Afliftance, Colonel Nicolls, proceeded to Nandi/kct, 
 and thence to Bojion. The other Ships got into Pilcnftnca)'. Jrhn Eudicot, 
 a \ ei7 old Man, was then Governour of Bojhn, and incapable of liulinclii. 
 
 C 2 The 
 
 <( 
 
 <c 
 
 <c 
 
 <( 
 

 i± THE HISTORY OF NEW-YORK. parti. 
 
 The Commiflioners, therefore, had a Conference with the Council, and 
 earneftly implored the AfJiftance of that Colony. Colonel Nicolls and Sir 
 Geoije Carteret^ in their Letter from Bojlon^ to Sir H. Betmef, Secretary of 
 State, complain much of the Backwardnefs of that Province. The Reafons 
 urged in their Excufe, were Poverty and the Seafon, it being the Time of 
 Plarveft j but perhaps Difaffedtion to the Steivart Family, whofe perfecuting 
 Fury had driven tliem from their native Countiy, was the ti'ue Spring of 
 tlieir Conduft. The King's Succefs in the Redudlion of the Dutcht evidently 
 opened him a Door, to come at his Enemies in New-England., who were far 
 from being few * j and whether this Confideration might not have given Rife 
 to the Project itfelf, I leave to the Conjectures of others, 
 f -On die 27th of 'July, Nicolls and Carteret made a formal Requeft in 
 Writing. " That the Government of Bojlon would pafs an A6t to furnifli 
 " them with armed Men, who fliould begin their March to tlie Manhattans^ 
 '* on the 20th of Augujl enfuing, and promifed, tliat if they could get 
 " otlier Afliltance, they would give tliem an Account of it." The Gover- 
 noui' and Council anfwered, that they would affemble the General Court, and 
 communicate the Propofal to them. 
 
 From Bojlon, a fecond Letter was written to Govemour Winthrop in 
 ConncSlicuty dated the 29tli of "July, in which he was informed, that the 
 otlier Ships were tlien arrived, and would fail with the firft fair Wind, and 
 he was defired to meet them at the Weft-end of Long I/land,\uv,:j , '. > 
 
 One of the Ships entered the Bay of the North River, feveral Days before 
 the reft j and as foon as they were all come up, Stuyvefant fent a Letter 
 dated i-' of Augufi at Fort Anill, direfted to the Commanders of the EngliJJj 
 Frigates, by John Declyer, one of the chief Council, the Reverend John 
 Mcgapoleii/is Minifter,, Paul Lunder Vander Grilft Major, and Mr. Samuel 
 Mcgapok'njh Doctor in Phyfic, witii the utmoft Civility, to defue the Reafon 
 of tlieir Approach, and contuiuing in the Harbour of Naijmlij, witliout 
 giving Notice to the Dutch, which (he writes) they ought to have done. 
 
 Colonel Nicolls anfweicl tlic next Diy with a Summons. 
 
 <\ 
 
 • 7". rXixivfl, Kfqj one of Charles Ts Judges, 
 and excepted out of the (leneral Pardon, lived 
 many Years at Niiu- Haven (incog.) in Q^iality 
 uf a Countiy Merchant : Sir Edmond Aiidoofsy in 
 one of his I'our'* through the Colony of Con- 
 miVtatt, law him there at Church, and flrongly 
 
 fufpefted him to be one of the Regicides. In his 
 \A\. Illnefs, he revealed himfelf to the Miniflor 
 of the Town, and ordered a fmal] Stone to be 
 fet at the Head of hi-; ^jravc, which I have often 
 fcen there, infcribcd, T, D. Efq. While at Neiv- 
 Ilaven, he went under the Name of John Davis. 
 
 • I'" 
 
 • t J -f i» .1 
 
 ■m 
 
 il>4 ( 
 
 To 
 
PART I. 
 
 buncil, and 
 icolls and Sir 
 Secretary of 
 rhe Reafons 
 the Time of 
 5 })erfecuting 
 le Spring of 
 cbf evidently 
 /ho were far 
 re given Rife 
 
 Requeft in 
 £1 to furnifli 
 Manhattans^ 
 sy could get 
 The Gover- 
 il Court, and 
 n,.| .J ..„ , fj 
 Winthrop in. 
 ed, that the 
 r Wind, and 
 
 Days before 
 
 ent a Letter 
 
 the EngliJJj 
 
 verend John 
 
 Mr. Samuel 
 
 the Reafon 
 
 ///", witliout 
 
 ave done. 
 
 gicidcs. Tn his 
 to the Miniftor 
 ill Stone to be 
 ch I have Dt'icn 
 While at Nnv- 
 of yohn Davis. 
 
 PARTI. THE HISTORY OF NEW-YORK. 
 
 13 
 
 i 
 
 " To the Honourable the Governors, and Chief Council at the Manhattans. 
 
 ^^_« Right Worthy Sirs, :^ 3iif;m^:vf;f[4;h./ii|!^ i^'i;< 
 
 .-A -. * -* f V» *** 
 
 vli- JB-;.!"'-:. ^-T 
 
 (< 
 
 <c 
 
 (C 
 
 I Received a Letter by fbmc worthy Pci-fons intnifted by you, bearing^ 
 Date the J-J of Aiigujl^ defiring to know the Intent of the Approach 
 ** of the Englijh Frigates j in Return of which, I think it fit to let you 
 *' know, that his Majefty di. Great Britain, whofe Right and Title to thefe 
 Parts of America is unqueftionable, well knowing, how much it dero- 
 gates from his Crown and Dignity, to fuffer any Foreigners, how near 
 " foever they l)e allied, to ufurp a Dominion, and without his Majefty 's 
 ** Royal Confent, to inhabit in thefe, or any other of his Majefty's Terri- 
 ** tories, hath commanded me, in his Name, to require a Surrender of all 
 " fuch Forts, Towns, or Places of Strength, which are now poflefled by 
 " the Dutch, under your Commands ; and in his Majefty's Name, I do 
 " demand the ,,Towti, fituate on the Ifland, commonly known by the 
 " Name of Manhatoes, with all the Forts thereunto belonging, to be ren- 
 " dered unto his Majefty's Obedience and Proteftion, into my Hands.^ 
 ** I am further commanded to aiTure you, and eveiy refpedive Inhabitant 
 •* of the Diuch Nation, that his Majefty being tender of the EfFufion of 
 •' Chriftian Blood, doth by thefe Prefents, confirm and fecure to eveiy 
 " Man his Eftate, Life, and Liberty, who ftiall readily fubmit to his Go- 
 •* vernment. And all thofe who ftiall oppofe his Majefty's gracious Inten- 
 •• tention, muft expeft all the Miferies of a War, which they bring upon 
 «' themfelves. I (hall expeft your Anfwer by thefe Gentlemen, Colonel 
 " George Carteret, one of his Majefty's Commiflioners in America > Captain 
 •♦ Robert NeeSam, Captain Edward Groves, and Mr. 'fhomas DelaralK 
 •* whom you will entertain with fuch Civility as is due to them, and 
 « yourfelvcs and yours ftiall receive the fame, from,. 
 
 uxr,- 
 
 ■:i\ 
 
 ,lf;.'}H')0 ?:(( fK r; « Worthy Si rs^ '" *i-'t'-^ I>'i; 
 
 •* Dated on board his 
 " M.ijcny's Ship, 
 *' the Guyny, riding, 
 ** bciorcAr/)vA, the 
 ♦* '-J of y/«^. 1664. 
 
 
 ** Your very humble Servant, 
 
 ♦.i-j- 
 
 • »j 
 
 
 rrt v'H>I.:>^ 
 
 t 1; . 
 
 !.-. 
 
 ( Ji.'-t. 
 
 
 'u '' •■ * "'tj .'.';trS,,/ 
 
 > ^ 
 
 " niehard Nicolhr 
 
 Mr. 
 
:V V. 
 
 14 THEHISTORVOFNE W-Y O R K. part t. 
 
 Mr. Stiiyvefant promifed an Anfwer to the Summons the next Morning, 
 and in the mean Time convened the Council and Burgomafters. The 
 Dutch Governour was a good Soldier, and had loft a Leg in the Service of 
 the States. He would willingly have made a Defence ; and refufed a Sight 
 of the Summons, both to the Inhabitants and Burgomafters, left the eafy 
 Terms offered, might induce them to capitulate. The latter, however, in- 
 lifted upon a Copy, that they might communicate it, to the late Magiftratcs 
 and principal Bm'ghers. They called together the Iniiabitants at the Stadt- 
 Houfe, and acquainted them with the Governour's Refufal. Governour 
 Winthrop, at the fame Time, wrote to the Director and his Council, ftrongly 
 recommending a Surrender. On the 2 2d oiAuguji^ the Burgomafters came 
 again into Council, and defired to know the Contents of the Englijh Meftage 
 from Governour Wintbropy which Stuyvefant ftill refufed. They continued 
 their Importunity j and he, in a Fit of Anger, tore it to pieces : upon which, 
 they protefted againft the A61, and all its Confequences. Determined upon 
 a Defence of the Country, Stuyvefant wrote a Letter in Anfwer to the Sum- 
 mons, which as it is hiftorical of the Dutch Claim, will doubtlefs be ac- 
 ceptable to the Reader. The following is an exa6l Tranfcript '>f the Record. 
 
 " My Lords, 
 
 YOUR firft Letter, unfigned of the fr Augufl^ together with that of 
 this Day, figned according to Form, being the firft of Scpteniber^ 
 have been fafely deliveied into our Hands by your Deputies, unto 
 which we ftiall fay, That the Rights of his Majefty of England^ unto any 
 Part of America here about, amongft the reft, unto tlie Colonies of Vir- 
 ginia^ Marylandy or others in Neiv-Engloiid, whether difputaUe or not, 
 is that which for the prefent, we have no Defign to debate upon. But 
 that his Majefty hath an indifputable Right, to all the Lands in the 
 North Parts of America^ is that, which the Kings of France and Spain 
 will difallow, as we abfolutely do, by Virtue of a Commlflion given to 
 me, by my Lords, the High and Mikity States General, to be Governor 
 General, over Nc^v-HoUand^ the Ifles of Curacoay Bonaire, Aruba, with 
 their Appurtenances and Dcpeiidancies, bearing Date the 26tli of yu{)\ 
 1646. As alio by Viitue of a Grant and Commiilion, given by my faid 
 Lords, the High and Mighty States General, to the Weft-India Com^^my, 
 in the Year 1621, with as much Power and as authentic, as his faid Ma- 
 jefty of England hatli given, or can give, to any Colony in America, as 
 more fully appears by the Patent and Commiilion of the faid Lords the 
 
 " States 
 
 cc 
 (< 
 
 Hi 
 
 u 
 
 14 
 
■;"f 
 
 PART r* 
 :t Morning, 
 fter*. The 
 2 Service of 
 ifed a Sight 
 [eft the eafy 
 lowcver, in- 
 Magiftratcs 
 kt the Stadt- 
 Governour 
 icil, ftrongly 
 lafters came 
 rjip Mefiage 
 y cpntinvied 
 upon which, 
 mined upon 
 to the Sum- 
 3tlef& be ac"- 
 ' the Record. 
 
 with that of 
 
 Septetfihery 
 
 [ties, unto 
 
 'd, unto any 
 
 •nies of Vir- 
 
 |>bie or not, 
 
 upon. But 
 
 nds in the 
 
 and Spain 
 
 n given to 
 
 •e Governor 
 
 ^ruba^ with 
 
 th of July, 
 
 by my faid 
 
 |z Company, 
 
 is faid Ma- 
 
 linerica, as 
 
 Lords the 
 
 " States 
 
 
 « 
 
 u 
 
 (( 
 
 
 M 
 
 Xi 
 
 C( 
 
 FARTr* THE HISTORY OF NEW-YOJllC. 15 
 
 " Stttes General, by tiiem %ned, regillered, and feated with their Gi^eat Seal, 
 " which were ftiewcd to your Deputies Colond George Carteret, Captalil 
 ** Rdiert Needham, Captain Edward Groves, and Nfr. Thofnas DetavaU 5 by 
 which Commiffion and Patent, together (to deal frankly with you) and 
 by divers Letters, figncd and fealed by Our laid Lords, the States General, 
 « diredted to feveral Perlbns, botli Englijb and Dutch, inhabiting the Towns 
 and Villages on Long IJland, (wliich witliout doubt, have been produced 
 before you, by thofe Inhabitants) by which they are declared and acknow- 
 ledged to be their Subjects, with exprefs Command, that they continue: 
 faidiful unto them, under Penalty of incuring tlieir utmoft Difpkafure,, 
 which makes it appear more cleai* than the Sun at Noon^day, that your 
 firft Foundation, viz. (that the Right and Title of his Majefty of Great 
 *' Britain, to thefe Parts of America is unqueftionable) is ablblutely to be 
 *' denied. Moreover, it is without Difpute, and acknowledged by the 
 •* World, tliat our Predeceifors, by Virtue of the Commiflion and Patent 
 of the faid Lordk, the States General, have without Controul and peace- 
 ably (die contrary never coming to our Knowledge) enjoyed Fort Orange,. 
 about 48 or 50 Years, the Manhattans ?ho\!A. 41 or 42 Years, the South 
 River 40 Years, and the Frejh IVater River about 36 Years. Touching 
 tlie fecoiid Subjeft of your Letter, viz. His Majefty hath commanded me, 
 in his Name, to require a Surrender of all fuch Forts, Towns, or Places 
 of Strength, which now are poffefled by the Dutch, under your Com- 
 mand. We (hall anfwer, that we are fo confident of the Difcretion and 
 Equity of his Majefty of Great Britain, that in cafe his Majefty were in- 
 formed of the Truth, which is, that the Dutch came not into thefe Pro- 
 vinces, by any Violence, but by Virtue of Commiflions from my Lords,, 
 tlie States General, firft of all in the Ycais 16 14, 161 5, and 1616, up the 
 North River, near Fort Orange, where, to hinder the Invafions and Maf- 
 facres, commonly committed by the Salvages, they built a little Fort, and 
 after, in the Year 1622, and even to this prefent Time, by Virtue of 
 " Commillion and Grant, to the Governors of the PViji-Imiia Company j, 
 and moreover, in the Year 1656, a Grant to the honourable the Burgo- 
 ;** mafters of Amjierdam, of the South River ; infomuch, that by Viitue of 
 " tlie abovefaid CommiiFions from the High and Mighty States General, 
 *• given to tlic Pcrfons interefted as aforcfaid, and othci-s, thefe Provinces 
 " have been governed, and confcquently enjoyed, as alio in regard of their 
 " firft Difcovery, uninterrupted Policllions, and Purchalc of the Lands of 
 " the Princes, Natives of the Countiy, ajitl other private Pcrfons (though 
 3 " Gentiles) 
 
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 THE HIS TO KY OF N E W-Y O R K. part i; 
 
 Gentiles) we make, no Dcnibt, that if his fjud Majefty of Great Britainy 
 were well informed of thefe Paflages, he would be too judicious to grant 
 fuch an Order, principally in a Time when there is k> ftraight a Friend- 
 lliip, and Confederacy, between our laid Lords and Superiors, to trouble 
 us in the .demanding and Summons of tlie Places and Foitrefles, which 
 were put into our Hands, with Order to maintain them, in the Name 
 of the faid Lords, the States General, as was made appear to your Depu- 
 ties, undei* the Names and Seal of the faid High and Mighty States 
 General, dated tlie 28th of y«^', 1646. Befides what had been men- 
 tioned, there is little Probability, that his faid Majefty of England (in 
 regard the Articles of Peace are printed, and were recommended to us 
 to obferve ferioufly and exaftly, by a Letter written to us by our faid 
 Lords, the States General, and to caufe them to be obferved religioufly 
 in this Country) would give Order touching fo dangerous a Defign, 
 being alfo fo appaient, that none other than my faid Lords, the States 
 General, have any Right to thefe Provinces, and confequently, ouglit to 
 command and maintain their Subje6ls, and in their Abfence, We the Go- 
 vernor G^nejal are obliged to maintain their Rights, and to repel and 
 take Revenge of all Threatenings, unjuft Attempts, or any Force what- 
 foever, that Ihall be committed againft their faithful Subjects and Inha- 
 bitants, it being a very confiderable Thing, to affront fo mighty a State, 
 although it were not againft an Ally and Confederate. Confequently, 
 if his faid Majefty (as it is fit) were well informed, of all that could be 
 fpoken upon this Subjedl, he would not approve of what Expreflions 
 were mentioned in your Letter j which are, that you are commanded by 
 his Majefty, to demand in his Name, I'uch Places and Fortrefles as are 
 in the Polleflion of the Dutch under my Government j which, as it ap- 
 pears by my Commifllon before mentioned, was given me by my Lords, 
 the High and Mighty States General. And there is lefs Ground in tlie 
 cxprefs Demand of my Government, fmce all the World knows, that 
 about three Years agone, fome EngliJJj Frigotts being on the Coaft of 
 Africa^ upon a pretended Ccmmiflion, they did demand certain Places 
 under the Government of our faid Lords, the States General, as 
 Cape Vcrty River of Gamboy and all other Places in Guyn)\ to them be- 
 longing. Upon which, our faid Lords, the States General, by Virtue of 
 the Articles of Peace, having made appear the faid Attempt to his Majefty 
 of Efig/ciiJ, thev received a favourable Anfwer, his faid Majefty difallo\v- 
 ing all fuch A6ls of Hoftility, as might have been done, and befides, gave 
 
 : " Order, 
 
 iUT- 
 
 'm 
 
PART r; 
 
 reat BHtainy 
 ious to grant 
 ht a Friend- 
 rs, to trouble 
 relies, which 
 n the Name 
 I your Depu- 
 lighty States 
 I been men- 
 England (in 
 lended to us 
 ; by our faid 
 ;d religioufly 
 IS a Defign, 
 is, the States 
 tly, ought to 
 We the Go- 
 to repel and 
 Force what- 
 Is and Inha- 
 ghty a State, 
 'onfequently, 
 lat could be 
 
 Expreflions 
 mmanded by 
 trelTes as are 
 1, as it ap- 
 y my Lords, 
 ound in die 
 knows, that 
 the Coaft of 
 ertain Places 
 
 eneral, as 
 to them bf- 
 )y Virtue of 
 J his Majefty 
 rty difallo\v 
 bcftdes, ga\e 
 " Order, 
 
 
 .ill. 
 
 i 
 
 
 * A 
 
 
 PARTI. THE HISTORY OF NEW-YORK. 17 
 
 Order, that Reftitution fhould be. made, to tlie Eajl-India Company, of 
 whatfoever had been pillaged, in the faid River of Gambo -, and likewifc 
 
 ** reftored them to their Trade, which makes us think it neceflary, that a 
 more exprefs Order, fhould appear unto us, as a fufficient Warrant for 
 us, towards my Lords, the High and Mighty States General, fmce by 
 Viitue of our faid Commiffion, We do in thefe Provinces, reprefent 
 them, as belonging to them, and not to the King of Great Britain, except 
 his faid Majefly, upon better Grounds, make it appear to our faid Lords, 
 the States General, againft which they may defend themfelves, as they 
 
 ** Ihall think fit. To conclude : We cannot but declare unto you, though 
 the Governors and Commiflioners of his Majeftie have divers Times 
 quarrelled with us, about the Bounds of the Jurifdiftion, of the High 
 and Mighty the States General, in thefe Parts, yet they never queftioned 
 their Jurifdiflion itfelf J on the contrary, in the Year 1650, 2X. Hartford, 
 and the laft Year at Bojloriy they treated with us upon this Subject, which 
 is a fufficient Proof, that his Majeftie hath never been well informed, of 
 the Equity of our Caule, infomuch as We cannot imagine, in regard of 
 the Articles of Peace, between the Crown of England and tlie States 
 General, (under whom there are fo many Subje6ls in America, as well as 
 Europe) that his faid Majeftie of Great Britain would give a Commifllon 
 to moleft and endamage the Subjects of my faid Lords, the States General, 
 efpecially fuch, as ever fince 50, 40, and the lateft 36 Years have quietly 
 enjoyed their Lands, Countries, Forts, and Inheritances j and lefs, that 
 his Subjefts would attempt any A6ts of Hoftility, or Violence againft 
 them : and in cale that you will adl by Force of Arms, Wee proteft and 
 declare, in tlie Name of our faid Lords, the States General, before 
 GOD and Men, that you will aft an unjuft Violence, and a Breach of 
 the Articles of Peace, fo Iblemnly fworn, agreed upon, and ratified by his 
 Majeftie of England, and my Lords, the States General, and the rather, 
 for that to prevent the fliedtling of Blood, in the Month of February laft, 
 We treated with Captain John Scott, (who reported he had a CommifFion 
 from his faid Majeftie) touching the Limits of Long IJland, and concluded 
 for the Space of a Year j that in the mean Time, the Bufinefs might he 
 treated on between the King of Great Britain, and my Lords, the High 
 and Mighty States General: and again, at prcfent, for the Hindraiice 
 and Prevention of all Differences, and tlie Spilling of innocent Blood, 
 not only in thefe Parts, but alfo in Europe, Wc offer unto you, a Tretity 
 
 " by our Deputyes, Ml*. Cornelius Van Ruyi'en, Secretary, and Rccei\'er of 
 
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ii rni history of neW-y6r'£ PAVtr. 
 
 New-Hollandy, Cornelius Steenwicky Burgomafter, Mr. S^tmuel Megapoknfis, 
 Doftor of Phyfic:, and Mr. James Coujfeauy heretoJFore SlierifF. As touch- 
 ing the Threats inyourConclulion Wee have nothing to anfwer, only that 
 " Wee fear nothing, but whatC^oD ^who is as juft as merciful) fliall lay 
 upon us J all Things being in, his gracious Difpoiall, ancl We may as well 
 be preferved by him, with fmall Forces, as by a great Arniy, which mikes 
 us to wiih you all Happinefs and Prolperity, and recommend you to his 
 Protection. My Lords, your thrice humble, and affeftionate Servant and 
 Friend, figned P. Stuyvejanf.—h\. the Fort at Amjierdamt the fecoftd of 
 »S^/>/^w^('r, New Stile, 1664." :/ ; 7 ; " : -- -^^.--.- 
 
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 While the Dutch Governour and Council were cohtendmg with the Bur- 
 gomafters and People in the City, the Englijh Commiffioriers publiflied a: 
 Proclamation* in the Countiy, encouraging the Inhabitants to ftibmiit, and 
 promifmg them the King's Prote6lion, and all the Privileges of Siibjefts j 
 and as foon as tliey difcovered by Stuyvefant's Letter, that he was averfe to 
 the Surrender, Officers were fent to beat up for Voluntiers in Middleboroughj 
 VUJfen^ Jamaica^ and Hempjied. A Warrant was alfo ifliied to Hugh Hidey 
 who commanded the Squadron, to profecute the Reduftion of the Fort ) 
 and an Englijh Ship then trading here, was prefled into the Service. Thefe 
 Preparations induced Stuyuefant to write another Letter, on the 25th of 
 Augufly Old Style, wherein, though hie declares that he would ftand the 
 Storm, yet to prevent the Spilling of Blood, he had fent John De Decker^ 
 Counfellor of State, Cornelius Van Riven^ Secretary aiid keceiver, Cornelius 
 Steenwyck. Major, and James Coujfeau Sheriff, to confult^ if poffible, an Ac- 
 commodation. Nicollsj who knew the Dilpolition of the People, anfwered 
 
 >Af ' 
 
 • It was in thefe Words ; *' Forafmuch as 
 " his Majefly hath fent us (by. ComraiiHon 
 *' under his Great Seal of England) amongft 
 " other Things, to expell, or to reduce to his 
 *' Majefty's Obedience, all fuch Foreigners, as 
 •* without his Majefty's Leave and Confent, 
 •' have feated themfelves amonglt any of his 
 *' Dominions in jimerica^ to the Prejudice of 
 " his Majefty's Subje6h, and Diminution of his 
 " Royal Dignity ; we his fald Majefty's Com- 
 " miflioners, do declare and promife, that who- 
 " foever, of what Nation foever, will, upon " 
 " Knowledge of this Proclamation, aclcnow- ** 
 " ledge and tcftify themfelves, to fubmit to this 
 
 *• his Majefty's Government, as his good Sub- 
 *• jefts, ihali be protedled in his Majefty's Laws 
 " and Juftice, and peaceably injoy whatfoever 
 •' God's Blefting, and their own honeft, In- 
 " duftry, have furniflied them with j and all 
 •« other Privileges, with his Majefty's Englijh 
 *' Subje£ls, We have caufed this to be pub- 
 " liflicd, that we might prevent all Incopve- 
 *' nicnces to others, if it were poffible; how- 
 *• ever, to clear ourfelves fropi the Charge of all 
 ** thofe Miferies, that may any way befall fuch 
 as live here, and will acknowledge his Ma- 
 jefty for their Sovereign, whom Gob pre- 
 " fcrve." -^ - -. - V ' . 
 
 immediately 
 
PART i, 
 
 MegapolgnfiSf 
 As toiich- 
 ;r, only that 
 Lil) fhaU lay 
 may as well 
 k^hich mikes 
 I you to his 
 Servant and 
 le fecoftd of 
 
 ith the Biir- 
 piiblifhed a 
 fubmit, and 
 >f SUbjeas ; 
 as averfe to 
 iddleborough, 
 Hugh Hidey 
 •f the FOrt^ 
 ice. Theie 
 he 25th of 
 I fland the 
 De Decker, 
 :r, Cornelius 
 3ld, an Ac- 
 e, anfwered 
 
 his good Sub- 
 ^.ajefty's Laws 
 oy whatfoever 
 vn honeft, In- 
 with ; and all 
 tjefty's Englijh 
 lis to be pub- 
 all Inconve- 
 loffible; how- 
 Charge of all 
 ay befall fuch 
 edge his Ma- 
 li Gob pre- 
 
 nmediately 
 
 PARTI. THE. HIS TORY OF NEW-YORK. 19 
 
 immediately from Gravefendy that he would treat about nothing but a Sur- 
 render.' The Dutch Governour, the next Day, agreed to a Treaty and Sur- 
 render, on Condition the Englijh and Dutch Limits in America, were fettled 
 by the Crown and the States General. The Englijh Deputies were Sir Robert 
 Carr, George Carteret, John IVinthrop, Governour of Connedlicut, ^nmuel 
 Wyllys, one of the Afliftants or Council of that Colony, and Thomas <^iarke, 
 and John Pynchon, Commiflioners from the General Court of the Majfachu- 
 Jet's Bay, who, but a little before, brought an Aid from that Province. 
 What thefe Perfons agreed upon, Nicolls promifed to ratify. At Eight 
 o'clock in the Morning, of the 27th oi AuguJiy 1664, the Commiflioners, on 
 both Sides, met at the Governour's Farm, and there figned the following 
 Articles of Capitulation. 
 
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 Thefe Articles following were confented to by the Perfons here-under 
 " fubfcribed, at the Governour's Bowery, Auguji the 27tli Old Style, 
 1004. . - ^ 
 
 I. " We confent. That the States General, or the Wejl-India Company, 
 fhall freely in' y all Farms and Houfes (except fuch as are in the Forts) 
 and that wit' m fix Months, they fhall have free Liberty to tranfpoit all 
 fuch Arms and Ammunition, as now does belong to them, or elfe they 
 IhaU be paid for them. r -:'' ? ^n ! /'? ^- r^ ? n ■- , 
 
 IL " All Publique Houfes fliall continue for the Ufes which they are for. 
 
 in. " All People fliall fl:ill continue free Denizens, and fliall injoy their 
 Lands, Houfes, Goods, wherelbever tliey are within this Country, and 
 dilpofe of them as they pleale. 
 
 IV. " If any Inhabitant have a Mind to remove himfelf, he fliall have a 
 Year and fix Weeks from this Day, to remove himfelf. Wife, Children, 
 Servants, Goods, and to difpoie of his Lands here. 
 
 V. " If any Officer of State, or Publique Minifl:er of State, have a Mind 
 to go for England^ they fhall be tranfported Fraught free, in his Majefly's 
 Frigotts, when thefe Frigotts fliall return thither. 
 
 VI. " It is confented to, that any People may freely come from the Ne- 
 therlands, and plant in this Colony, and that Dutch Veflels may freely 
 come hither, and any of the Dutch may freely return home, or fend any 
 Sort of Merchandize home, in Veflels of their own Countiy. 
 
 - D 2 VIL All 
 
5 -.:v?/1 
 
 20 
 
 •( 
 
 cc 
 
 THE HISTORY OF NEW-YORK. parti. 
 
 -!'VII. " All Ships from the Netherlands y or any other Place, and Goods 
 " therein, fhall be received here, and fent hence, after the manner 
 " which formerly they were before our coming hither, for fix Months next 
 " enfuing. ^ . • \, ■ ; 
 
 VIII. " The Dufcb here fhall injoy the Liberty of their Confciences in 
 " divine Worfhip and Church Difcipline. ' ^ ^;.i ^,; . ., ,,^ , 
 
 5 IX. " No Dutchman here, or Dutch Ship here, Ihall upon any Occafion, 
 be prefled to fei*ve in War againft any Nation whatfoever. soK^o 
 
 X. " That the Townfmen of the Manhattans^ (hall not have any Soldiers 
 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 Soldiers, then the Burgomafters, by his Officers, Ihall appoint fome 
 " Houfes capable to receive them. ... . _ 
 
 XL " The Dutch here fhall injoy their own Cufloms concerning their 
 •' Inheritances. ' ' * ' 
 
 XII." All Publique Writings and Records, which concern the Inheritances 
 " of any People, or the Reglement of the Church or Poor, or Orphans, 
 " fhall be carefully kept by thofe in whofe Hands now they aie, and fuch 
 ** Writings as particularly concern the States General, may at any Time 
 " be fent to them. 
 
 XIII. " No Judgment that has pafled any Judicature here, t>nill be called 
 '* in Queflion, but if any conceive that he hath not had Juilice done him, 
 '* if he apply himfelf to the States General, the other Party fhall be bound 
 " to Jinfwer for the fuppofed Injuiy. • "'' " ." 
 
 XIV. ** If any Dutch ^ living here fhall at any Time defire to travaile or 
 " traffique into England, or any Place, or Plantation, in Obedience to his 
 " Majefly of England y or with the Indians , he fliall have (upon his Re- 
 " queft to the Governor) a Certificate that he is a free Denizen of this 
 " Place, and Liberty to do fo. '^ '» ' • 
 
 XV. ** If it do appeare, that there is a publique Engagement of Debt, by 
 " the Town of the Manhattocs, and a Way agreed on for the Satisfying of 
 " that Engngement, it is agreed, that the fame V/ay propofed fhall go on, 
 " and that the Engagement fhall be fatisfied. '- 
 
 XVI. " All 
 
 
 
 
PART I. 
 
 T'iIE history of NEW-YORK 
 
 21 
 
 II e as no\\ 
 
 XVI. " All inferior Civil Officers and Magiftrates, ftiall contii 
 " they are, (if they pleafe) till the cuftomaiy Time of new Elecnons, and 
 " then new ones to be chofen by themfelves, provided that fuch new chofen 
 " Magiftrates fhall take the Oath of Allegiance to his Majefty of England, 
 " before they enter upon their Office. 
 
 XVII. " All Differences of Contrafts and Bargains made before tliis 
 Day, by any in this Country, (hall be determined, according to the Man- 
 
 I" ner of the Dutch. 
 
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 ■tu'J"^o;>w irAyr- 
 
 f** 
 
 « 
 
 XVI. " All 
 
 XVIII. " If it do appeare, that the Wejl-India Company oi Amjierdam^ 
 \" do really owe any Sums of Money to any Perfons here, it is agreed that 
 I" Recognition, and other Duties payable by Ships going for the Nether^ 
 [** lands, be continued for fix Months longer. 
 
 XIX. " The Officers Military, and Soldiers, fhall march out with their 
 Arms, Drums beating, and Coulours flying, and lighted Matches ; and 
 if any of them will plant, they fliall have fifty Acres of Land fet out 
 for them -, if any of them will ferve as Servants, they Ihall continue- 
 with all Safety, and become free Denizens afterwards. 
 
 XX. " If at any Time hereafi:er, the King of Great Britafn, and the 
 ! " States of the Netherhmd do agree that tliis Place and Country be re- 
 [ •* delivered into the Hands of the faid States, whenfoever his Majeftie will 
 ^" fend his Commands to redeliver it, it fhaU immediately be done. 
 
 XXI. " That the Town of Manhattans fhall choofe Deputyes, and thofe 
 Deputyes fhall have free Voyces in all publique Affairs, as much as any 
 other Deputyes. 
 
 XXII. " Thofe who have any Property in any Houfes in the Fort of 
 " Aurania, fiiall (if they pleafe) flight the Fortifications there, and thea 
 " enjoy all their Houfes, as all People do where there is no Fort. 
 
 XXIII. " If there be any Soldiers that will go into Holland, and if the 
 Company of Weji-India in Amjlcrdam, or any private Perlbns here, will 
 tranfport them into Hollandy then they fliall have a fafe Pafl'port from 
 Colonel Richard Nicholh, Deputy-Governor under his Royal Highnefs, 
 and the other Commiffioners, to defend the Ships that fhaU tranfport 
 fuch Soldiers, and all the Goods in tliem, from any Surprizal or A<5ls of 
 Ploftility, to be done by any of his Majeftie's Ships or Subjeds. That 
 
 " the 
 
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 THE HISTORY OF ^ f >V-Y O R K. p^rt i. 
 the Copies of the King's Grant to his Royal Highnefs, and the Copy of 
 his Royal Highnefs's Commiffion to Colonel Richard Nicholh, teftified by 
 two Commiflioners more, and Mr. Winthrop^ to be true Copies, ftiall bt: 
 delivered to the honourable Mr. Stuyvefant^ the prefent Governor, on 
 Munday next, by Eight of the Clock in the Morning, at the Old Mil n, 
 and thefe Articles confented to, and ilgned by Colonel Richard Nicoi/s, 
 Deputy-Governor to his Royal Highnefs, and that within two Hours 
 after the Fort and Town called New-jimjkrdmy upon the Ifle of Man- 
 hatocsy fhall be delivered into the Hands of the faid Colonel Ricb(ir4 
 Nicol/sj by the Service of fuch as Ihall be by him thereunto deputed, by 
 his Hand and Seal. ,i<^ vditrdj ^i^r^c^ o^. ji H '* .III VX 
 
 <*■ 
 
 ill! 
 
 " John De Decker, 
 
 " Nich. Verleett, 
 
 " Sam. Megapolenfisy 
 
 ** Cornelius Steenwick, 
 
 " Oloje Stevens Van Kortlant^ 
 
 ** James Coufeau, 
 
 " Robert Carr, 
 " Geo. Carteret, 
 " yohn Winthrop, 
 " Sam. Willys, 
 ^'^ Thomas Clarke, 
 " John Pinc/jon,,, 
 
 .'IT " .■••;x 
 
 " I do confent to thefe Articles, 
 
 « Richard Nicolh: 
 
 ■ Thefe Articles, favourable as they were to the Inhabitants, were however 
 veiy difagreeable to the Dutch Governour, and he therefore refufed to ratify 
 them, till two Days after they were figned by the Commiflioners. 
 
 The Town of New-Amjierdam^ upon the Redu^ion of the Ifland Man- 
 hattans, took the Name of New-Tork. It conftfted of feveral fmall Streets, 
 laid out in the Year 1656, and was not inconfiderable for the Number of 
 its Houfes and Inhabitants. The eafy Terms of the Capitulation, pro- 
 mifed their peaceable Subjeftion to the new Government j and hence we 
 find, that in two Days after the Surrender, the Bojion Aid was difmifTed, 
 with the Thanks of the Commiflioners to the General Court. Hudfons and 
 the South River were, however, ftill to be reduced. Sir Robert Carr com- 
 manded the Expedition on Delaware, and Carteret was commiflioned to 
 fubdue the Dutch at Fort-Orange. The Garrifon capitulated on the 24th of 
 September, and he called it Albany, in Honour of the Duke. While Car- 
 teret was here, he had an Interview with the Indians of the Five Nations, 
 and entered into a League of Friendfliip with th^em, whith remarkably 
 '3 ' ■ '" ■' """ " '''■"' *"' "* ' " '■* "" contmues 
 
' PjA.?lTI. 
 
 the Copy of 
 , teftified by 
 >ies, (hall be 
 Jovernor, on 
 
 h&oidMihu 
 chard Nicolhy 
 n two Hours 
 Ifle of Man- 
 onel Rich(tr4 
 > deputed,' by 
 
 , , .oh " 
 
 \ • '.I J 
 
 T " .:'ix 
 
 . ..» T . - , 1- 
 
 were however 
 fufed to ratify 
 ;rs. 
 
 ; Ifland Man- 
 fmall Streets, 
 le Number of 
 ulation, pro- 
 nd hence we 
 vas difmifled, 
 Hudjoris and 
 rt Carr com- 
 imifTioned to 
 n the 24th of 
 While Car- 
 ive Nations, 
 remarkably 
 continues 
 
 »ARTi. THE HISTORY OF NEW-YORK. 23 
 
 continues to this Day*. Sir Robert Carr was equally fuccefsful on South 
 
 livery for he compelled both the Dutch and Swedes^ to capitulate and de- 
 
 :r up their Garrifons the firft of OSlober^ 1664 ; and that was the Day 
 
 in which the whole New-Netherlands became fubjed to the Englijh Crown, 
 I Very few of the Inhabitants thought proper to remove out of the Country. 
 { "Governour Stuyvefant himfelf, held his Eftate and died here. His Remains 
 ffjwere intered in a Chapel, which he had ere6ted on his ovm Farm, at a 
 llCnall Diftance from the City, now poffeffed by his Grandfon Gerardus Stuy^ 
 
 v^nty a Man of Probity, who has been eledled into the Magiftracy, above 
 
 lihirty Years fucceflively. Juflice obliges me to declare, that for Loyalty to 
 
 te prefent reigning Family, and a pure Attachment to the Proteftant Re- 
 gion, the Defcendants of the Dutch Planters, are perhaps exceeded by 
 
 none of his Majefly's Subjedls. . 
 
 -} . 
 
 f • The Dutch were fenfible of the Importance Meafures, and the Irruptions of thofe Tribes,, 
 
 iiir preferving an uninterrupted Amity with thofe according to their own Authors, have often re- 
 
 Jf^ians., for they were both very numerous and duced Canada to the Brink of Ruin» 
 jrarlike. The French purfued quite different 
 
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 - ■ I • \. .- Uf' . 
 
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 /:'"■, '-.V'l •-^'- '■ THE- 
 
 HIS TO R Y 
 
 r - 
 
 • /■ ' O F _ . 
 
 N E W-Y O R K. 
 
 ■< , . . . ' ■ , , ■ 
 
 PART 11. 
 
 From the Surrender in 1 664, to the Settktnent at the Revolution, 
 
 J^ICHARD NICOLLS being now pofTefTed of the Country, took 
 J\^ the Government upon him, under the Stile of " Deputy-Governor 
 " under his Royal Highnefs the Duke of21)rk, of all his Territories in 
 " America." During his fliort Continuance here, he palfed a vaft Number 
 of Grants and Confirmations of the ancient Dutch Patents, the Profits of 
 which mull have been veiyconfiderable. Among thefe, no one has occafion- 
 ed more animated Contention, than that called the Elizabeth 'Town Grant 
 in New-Jerfey ; which, as it relates to another Colony, I fhould not have 
 mentioned, but for the Opportunity to caution tlie Reader againft the Rc- 
 prelentation of that Controverfy contained in Douglajs's Summary. I have 
 ilifficicnt Reafons to juftify my charging that Account with Partiality and 
 Miftakes ; and for Proofs, refer to the printed Anfwer in Chancery, pub- 
 lilhed in the Year 1751. 
 
 Bcfides the chief Command of tliis Province, Nicolh had a joint Power * 
 
 iiI'Vith S'lv Robert Carr, Carteret, sjid Maverici, to fettle the conteftcd Boundaries 
 
 M 
 
 • The Commifllon from King Charles II. 
 was dated the 26th of yfprily 1664. After a 
 Recital of Difputcs concerning Limits in Nttv- 
 Eiig/anti, and that Addrcflcs had been fent home 
 from the Indinn Natives, complaining of Abufcs 
 rt-ceived fiom the Englijh Subjcwls j the Com- 
 
 miflioners, or any three or two of tlirm, of 
 which Nlcolli was to be one, were amhonfcj 
 to vifit the Nnv-Eughvid Colonies, and deter- 
 mine all Complaint!) military, civil, .iiul crimi- 
 nal, accordmg to their Difi-rction, .iiul i'mh Iii- 
 ftruiltions, as they might receive lumuhfCiown. 
 
 E of 
 
26 THE HISTORY OF NEW-YORK. part ii. 
 
 of certain great Patents. Hence we find, that three of them had a Con- 
 ference with feveral Gentlemen from ConneBicut^ refpe6ling the Limits of 
 this and that Colony. The Refult was an Adjudication, in thefe Words : 
 
 " By Virtue of his Majefly's Commiflion, we have heard the Difference, 
 •' about the Bounds of tlie Patents granted to his Royal Highnefs the Duke 
 *' of y^ork, and his Majcfty's Colony of Connedlicitt^ and having deliberately 
 *' confidered, all the Keafons aUedged by Mr. Allyn^ fen. Mr. GohU Mr. 
 " Richards, and Captain IVinthropy appointed by the Aflembly held at 
 *' Hartford ths, 13th oi OSfobery 1664, to accompany John fVitithropy E^q^ 
 " the Governor of his Majefty's Colony of Conne6licut to New-Tork, and 
 ♦* to agree upon the Bounds of the faid Colony, why the faid Long IJIand, 
 " fliould be under the Government of ConneSiicut^ which are too long here 
 ** to be recited, we do declare and order, that the Southern Bounds of 
 •* his Majefty's Colony of ConneSficiity is the Sea, and that Long Ijland is 
 •* to be under the Government of his Royal Highnefs the Duke of Tork., as 
 •• is exprefled by plain Words, in the faid Patents, relpe(5tively, and alfo by 
 " Virtue of his Majefty's Commiflion, and the Confent of both the Gover- 
 •* nors and the Gentlemen above-named. We alfo order and declare, that 
 •* the Creek, or River called Mamaromcky which is reputed to be about 
 ** thirteen Miles to the Eaft of Wefl-chefter^ and a Line drawn from the 
 ** eaft Point or Side, where the frefh Water falls into the Salt, at high Water 
 " Mark, North-north-weft to the Line of the Majfachufefs^ be the weftern 
 ** Bounds of the faid Colony of ConneSlicuty and all Plantations lying Weft- 
 *• ward of that Creek and Line fo drawn, to be under his Royal Highnefs's 
 " Government \ and all Plantations lying Eaftward of that Creek and Line, 
 •• to be under the Government of Connc6iicut. Given under our Hands, at 
 
 James's Fort in Ncw-Torky on the Ifland of Manhattarii this fiift Day of 
 
 December^ 1664. 
 
 '• ' • ** Richard Nicol/s, : 
 
 *' George Carteret,. 
 " S. Maverick'." 
 
 •' We the Governour and Commiflloners of the General Aflembly of 
 ConneSiicutf do give our Confent to the Limits and Bounds above-men- 
 mentioned, as witnefs oiu- Hands, 
 
 «c 
 
 «t 
 
 " JohnWinthrop,, 
 John Winthrop, ,un. „ ^.^^^^^ .. 
 
 -Gold, 
 
 4 
 
 Ac 
 
PART II. 
 
 had a Con- 
 I Limits of 
 : Words : 
 Difference, 
 (s the Duke 
 dehberately 
 r. GoIJ, Mr. 
 bly held at 
 mthropy Efq; 
 w-Tcrk^ and 
 Long IJland, 
 
 00 long here 
 
 1 Bounds of 
 .ong IJland is 
 t of Torky as 
 , and alfo by 
 li the Gover- 
 declare, that 
 to be about 
 n\ from the 
 t high Water 
 ". the weftern 
 
 lying Weft- 
 al Highnefs's 
 ek and Line, 
 Lir Hands, at 
 
 firft Day of 
 
 Nicolh, 
 Zarteretf. 
 rich." 
 
 s 
 
 Aflembly of 
 above-men- 
 
 ^inthropy . 
 
 en. 
 
 is." 
 
 
 "^ 
 
 PART 11. THE HISTORY OF NEW-YORK. 27 
 
 At the Time of this Deter n\ination, about two Thirds of Long Ijland 
 were poiTclied by People from Nl'-u}-Ei\ land, who had gradually encroached 
 upon the Dutch. As to the Settlement between Ncw-Tork and ConneSiicut 
 on the Main, it has always been confidered by the I'^ormer, as founded upon 
 Ignorance and Fraud *. The Station at Mamiwoneck was about 30 Miles 
 from New-Tork, from Albany 1 50. The general Courle of the River is 
 about North 1 2 or 1 5° Eaft : and hence it is evident, that a North-north- 
 weft Line will foon interfe£l tlie River, and conlequently leave the Dutcli 
 Country, but a little before furrendered to Colonel Carteret, out of the Pro- 
 vince of New-Tork. It has been generally efteemed, that tlie Conneilicut 
 Commiliioners in tliis Affair, took Advantage of tlie Duke's Agents, who 
 were ignorant of the Geography of the Countiy. 
 
 About the Clofc of the Year, the Eftate of the Wcfi-India Company was 
 feized and confifcated, Hoftilities being actually commenced in Europe as 
 well as America, though no Declarations of War had yet been publiflied 
 by either of the contending Parties. A great Difpute between the Inhabi- 
 tants of "Jamaica on Long Ijland, which was adjufted by Colonel Nicolh, on 
 the fecond of January, 1665, gave Rife to afalutaiy Inftitution, which has 
 in Part obtained ever fmce. The Controverfy refpecled Indian Deeds, and 
 thenceforth it was ordained, that no Purchafe from the Indians, without the 
 Governour's Licence executed in his Prefence, fliould be valid. The Strength 
 and Numbers of the Natives rendered it neceflary to purchafe tlieir Rights ; 
 and to prevent their frequent felling the fame Trad:, it was expedient, that 
 the Bargain Ihould be attended with (bme confiderable Solemnity. 
 
 Another Inftance of Colonel A^/VrZ/f's Prudence, vj?i^ J^is gradual Intro- 
 duction of the Englijh Methods of Government. It was not till the 1 2th 
 of June, this Yeai', that he incorporated tlie Inhabitants of Ncii'-Tork, un- 
 der the Care of a Mayor, five Aldermen, and a Sheriff. Till tliis Time, the 
 City was ruled by a Scout, Burgomafters, and Schepens. 
 
 In March preceding, there was a great Convention, before tlic Govcr- 
 nour at Ilempjlead, of two Deputies from every Town on Lcng IjLuid, em- 
 powered to bind their Conftituents. The Defign of tlitir Meeting was xc^ 
 adjuft the Limits of their Townihips for tlie Prcllivation of tlie public 
 Peace. 
 
 * The Town of Rye was fettled under Cmndlkut, aiu! the CJiant from that Colony is 
 koun.lsd by this Line of Divifion. 
 
 E 2 
 
 The 
 
 AC 
 
i' 
 
 28 THE HISTORY OF NEW-YORK. part ir. 
 
 The War being proclaimed at London on the fourth of this Month, Nicolh 
 received the Account of it in June^ with a Letter from the Lord Chan- 
 cellor, informing him, that De Ruytery the Dutch Admiral, had Orders to 
 vifit Ne-w-Tork. His Lordfhip was mifinformed, or the Admiral was diverted 
 from the Enterprife, for tlie Englijh peaceably held the Poflefiion of the 
 Country during the whole War, which was concluded on the 21ft of yuh\ 
 1667, by the Treaty of Breda. Some are of Opinion, that the Exchange 
 made with the Dutch for Surinam^ which they had taken 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 prefei-ved this Colony againft 
 the increafmg Strength of the People in New-England^ Maryland^ and Virginia, 
 
 After an Adminiftration of three Years, Nicolls returned to England. The 
 Time during his fhort Refidence here, was almoft wholly taken up in con- 
 firming the antient Dutch Grants. He erefted no Courts of Juftice, but 
 took upon himfclf the Iblc Dccifion 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, pronounced Judgment. His De- 
 terminations were called Edi6ls, and executed by the Sheriffs he had ap- 
 pointed. It is much to his Honour, that notwithftanding all this Plenitude 
 of Power, he governed the Province with Integrity and Moderation. A 
 lleprefcntation from the Inhabitants of Long IJland^ to the Genei-al Court of 
 Connecticut, made about the Time of the Revolution, commends him as a 
 Man of an eafy and benevolent Diijx)fition j and this Teftimonial is tlic 
 nwre to be relied upon, becaufe the Defign of the Writers, was by a Detail 
 of their Grievances, to induce the Colony of Conne£licut to take them under 
 its immediate Prote<Stion. 
 
 Francis Lovelace, a Colonel, was appointed by the Duke, to fucceed 
 Nicclls in the Government of the Province, which he began to exercile in 
 May, 1 667. As he was a Man of great Moderation, the People lived very 
 peaceably under him, till the Re-furrender of the Colony, which put an End 
 to his Power, and is the only Event, that fignalized his Adminiftration. 
 
 The ambitious Defigns of Louis XIV. againft the Dutch, gave Rife to 
 our War with the States General in 1672. Charles IL a Prince funk in Plea- 
 fiircs, profligate, and poor, was eafily detached from his Alliance with the 
 Dutch, by the Intrigues and pecuniary Promifes of the French King. The 
 following Paflligc from a fine Writer *, fliews that his Pretences for entering 
 into the War, were perfectly groundlefs and tiifling. 
 
 * f'sllairt's Age of Lewis XIV. 
 
 .u 
 
 The 
 
PART II. 
 
 nth, Nicolh 
 ,ord Chan- 
 l Orders to 
 vas diverted 
 fion of the 
 ,iftof>/v, 
 e Exchange 
 us, was ad- 
 lat it would 
 iony againft 
 nd Virginia, 
 'gland. The 
 up in con- 
 Juftice, but 
 ;ver. Corn- 
 Day to the 
 t. His De- 
 he had ap- 
 lis Plenitude 
 leration. A 
 pral Court of 
 ds him as a 
 lonial is the 
 by a Detail 
 them under 
 
 to fucceed 
 o exercile in 
 e lived very 
 put an End 
 .hation. 
 ave Rife to 
 ink in Plea- 
 ncc with the 
 King. The 
 
 for entering; 
 
 
 .m 
 
 :!' 
 
 << 
 
 The 
 
 PART II. THE HISTORY OF N E W-Y O R K. 29 
 
 " The King of England^ on his Side, reproached them with Difrefpe6t, 
 " in not dire6ting their Fleet to lower the Flag before an EngliJJo Ship j and 
 " they were alfo accufed in regard to a certain Pi6hire, wherein Ccrnelitts de 
 " Wilt, Brother to the Penfionaiy, was painted with the Attributes of a 
 " Conqueror. Ships were reprefented in the Back-ground of the Piece, 
 *' either taken or burnt. Cornelius de Witt^ who had really had a gieat 
 " Share in the maritime Exploits againft England^ had permitted this trifling 
 *' Memorial of his Glory : but the Pi6lure, which was in a manner un- 
 " known, was dcpofited in a Chamber wherein fcarce any body ever entered. 
 •' The EngliJJj Minifters, who prefented the Complaints of their King 
 *' againft Holland^ in Writing, therein mentioned certain abujive PiSfurcs. 
 ** The States, who always tranflated the Memorials of Ambafladors into 
 " French, having rendered abufive^ by the Words fautifs trompcurs, they rc- 
 *• plied, that they did not know what thefe roguijii Pictures {ces tableau x 
 .*' trompcurs) were. In reality, it never in the leaft entered into their 
 •' Thoughts, that it concerned this Portrait of one of their Citizens, nor 
 " did they ever conceive this could be a Pretence for declaring War." 
 
 A few Dutch Ships arrived the Year after on the 30th of July, under 
 Staten Ifland, at the Diftance of a few Miles from the City of New-Tork. 
 John Manning, a Captain of an Independent Company, had at that Time 
 the Command of the Fort, and by a Meflenger fent down to the Squadron, 
 treacheroufly made his Peace vith the Enemy. On that very Day the Dutch 
 Sliips came \\\y, moored under the Fort, landed their Men, and entered llic 
 CJarrifon, without giving or receiving a Shot. A Council of Wai- wa^ 
 aiterwaids held at the Stadt-Houfe, at which were prefent 
 
 ,. , Corneliui Evertjl^ jun. 
 Jacob Benkes, 
 Anthony CclvCy 
 
 Nicholas Boes, ^ Captains. 
 
 Abraham Ferd, Fan Zyll, 
 
 All the Magiftrates and Conftables from EaJ} Jerjey, Long JJland, Ellfua,. 
 and Albany, were immediately fummoned to Nmv-Tbrk ; aiul the major Part 
 of them iwore Allegiance to the States Ciencral, and the Prince of Orange. 
 Colonel Lovelace was ordered to depart the Province, but aftcrwanls (obtained 
 1 ,eave to return- to England \^ ith Commodore Benkes. It has often been 
 inlirted on, that this Conqueft did not extend to the whole Province of 
 JS\'w Jerfey ; but upon what Foundation I cannot difcovcr. From the Dutch 
 
 Rccords> 
 
 Commodores. 
 
(C 
 
 (C 
 
 (( 
 
 30 THE HISTORY OF K E W-Y O R K. partii. 
 
 Records, it appears, that Deputies were fent by the People inhabiting the 
 Country, even fo far W^efVward as Delaware River, who in the Name of 
 their Principals, made a Declaration of their Submiflion j in return for 
 which, certain Privileges were granted to them, and three Judicatories 
 cre6ted at Nieiver, Amjiel, Upland^ and Hoer Kill. Coke's Commiffion to be 
 Governour 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, for their High Mighti- 
 nefles the States General of the United Netherlands^ and his Serene High- 
 nefs the Prince of Orangey over a Squadron of Shipi,, now at Anchor in 
 Hudfons River in Ncn^-Netherlands. To all thofe who fhall fee or hear 
 thefe. Greeting. As it is neceflaiy, to appoint a fit and able Perfon, to 
 carry the chief Command over this Conqueft of New-Netherlands , with 
 all its Appendencies and Dependencies from Cape Hinlopen on the South 
 Side of the South or Delaware ^ Bay, and fifteen Miles more Southerly, with 
 the faid Bay and South River included ; fo as they were formerly poflcfled 
 by the Directors of the City of Amfterdamy and after by the Englijli Go- 
 vernment, in the Name and Right of the Duke of York ; and fuitlier 
 from the faid Cape of Hinlopen^ along the Great Ocean^ to the Eaft End 
 of Long IJland, and Shelter IJland j from thence Weftward to the Middle 
 of the Soundy to a Town called Greenwich^ on the Main, and to run 
 Landward in. Northerly j provided that fuch Line fliall not come within 
 ten Miles of North River^ conformable to a provmcial Treaty made m 
 1650, and ratified by the States General, February 22, 1656, and January 
 23, 1664 ; with all Lands, Iflands, Rivers, Lakes, Kills, Creeks, frefhand 
 fait Waters, FortrelTes, Cities, Towns, and Plantations therein compre- 
 hended. So it is, that we being fufficiently afllued, of the Capacity of 
 Anthony Cohcy Captain of a Company of Foot, in the Service of their 
 High Mightinefles, the States General of the United Ncthej-lands, and his 
 Serene Highnefs the Prince of Orange ^ &c. By Virtue of our Commiffion, 
 granted us by their before-mentioned High Mightinefles and his High- 
 nefs, HAVE appointed and qualified, as we do by thele Preients appoint 
 and qualify, the faid Captain Anthony Colve, to govern and rule tliefe 
 Lands, with the Appendencies and Dependencies thereof, as Governor 
 " General j to protect them from all Invafions of Enemies, as he fiiall 
 " judge moft neceflary j hereby charging all high and low Officers, Juftices, 
 ** and Magiftrates, and Others in Authority, Soldiers, Burghers, and all the 
 " Inhabitants of this Land, to acknowledge, honour, refpeft, and obey, 
 1 " tlie 
 
 K 
 
 <( 
 
 t( 
 
 <C 
 
 IC 
 
 (( 
 
 (C 
 
 • C 
 
 l< 
 
 r< 
 
PART ir, 
 
 habiting the 
 he Name of 
 return for 
 Judicatories 
 niflion to be 
 J the Extent 
 
 [igh Mighti- 
 lerene High- 
 it Anchor in 
 fee or hear 
 le Perfon, to 
 erlandsy with 
 on the South 
 utherly, with 
 erly poflcfled 
 : Englijfo Go- 
 and fuitlier 
 the Eaft End 
 o the Middle 
 and to run 
 come within 
 eaty made in 
 and January 
 ;ks, frefh and 
 ein compre- 
 Capacity of 
 vice of their 
 buds, and his 
 Commilfion, 
 |nd his High- 
 lents appoint 
 lid rule tliefe 
 as Governor 
 as he fhall 
 ers, Juftices, 
 , and all tlie 
 and obey, 
 '• tlie 
 
 PARTir. THE HISTORY OF NEW-YORK. 31 
 
 " the feid Anthony Cohe, as Governor General j for fuch we judge ne- 
 " ceflary, for the Service of the Country, waiting the Approbation of our 
 " Principals. Thus done at Fori-JVilliam-Henderick, the 12th Day of 
 ^ AugujU 1673. 
 
 Signed by 
 
 Cornelius Evertfc, jun. 
 
 *' Jacob Benkes." 
 
 u 
 
 « 
 
 The Dutch Govcrnour enjoyed his Office but a veiy fliort Seafon, for on 
 tiie 9th of February, ity/^, the Treaty of Peace between £;7g-/^W and the 
 States General was figned at Wejiminjler ; the fixth Article of which, reftoied 
 this Country to the Englijh. The Terms of it were generally, '* That what- 
 " Ibever Countries, Iflands, Towns, Ports, Caftles, or Forts, have or fhall 
 " be taken on both Sides, fmce the Time that the late unhappy War broke 
 " out, either in Europe or elfewhere, fhall be reflored to the former Lord 
 ** and Proprietor, in the fame Condition they fhall be in, when the Peace it- 
 ** fclf fliall be proclaimed j after which Time, there fhall be no Spoil nor- 
 •' Plunder of the Inhabitants, no Demolition of Fortifications, nor carry-. 
 
 ing away of Guns, Powder or other Military Stores, which belonged to. 
 
 any Caflle or Fort, at the Time when it was taken." 
 
 The Lenity which began the Adminiflration of Colonel JViVfl//f was con- 
 "^ tinned under Lovelace. He appears to have been a Man, rather of a phleg- 
 matic than an enterpriling Difpofition, always purfuing the common Road, 
 ^id fcarce ever a6ling without the Aid of his Council. Inflead of taking 
 iipon himfelf tlie fole Determination of judicial Conti'overfies, after the Ex- 
 ample of his PredecelTor, he called to his AfTiftance a few Juflices of the 
 Peace. This, which was called The Court of Assizes*, was the prin- 
 cipal Law Judicatoiy in thofe Times. The Legiflative Power under the 
 Duke, was veiled entirely in the Governour and Council. A third Eflate 
 might tlien be eafUy difpenfed with, for the Charge of the Province was 
 f fmall, and in a great Meafure defrayed by his Royal Higlmefs, the Pro- 
 ,' prietor of the Countiy.. 
 
 ' < Upon 
 
 * This was a Court both of Law and Equity, 
 fur the Trial of Caufes of 20/. and upwards, 
 and ordinarily fat but once a Year. Subordi- 
 rwtc to this, were the Town Courts and Seflions; 
 the foinicr took CognizaiKe of Acflions under 5/. 
 a;id the latter, of Suits between that Sum and 
 
 Twenty pounds, {tstn ConftaWes and Over- 
 ffcrs were Judges in the fiift, and in the laft the 
 Juftices of the Peace, with a Jury of feveii Men. 
 The Verdict of the Majority was fufficicnt. 
 
 t The Manner of raifmg public Money, was 
 eftabliflicd by Colonel Kiiclh oj> the firll o» 7"Wj 
 
32 THE HISTORY OF N E W-Y O R K. part ii. 
 
 Upon Conclufion of the Peace in 1674, the Duke of Thrk, to remove all 
 Controverfy refpefting his Property, obtained a new Patent* from the King, 
 dated the 29th oi June^ for the Lands granted in 1664, and two Days 
 after commilfioned Major, afterwards Sir Edmond Androfs to be Governour 
 of his Territories in America. After the Refignation of this Province, 
 which was made to him by the Di/Uh PofTeflbrs, on the 31ft of OSlobcr 
 following, he called a Court Martial, to try Manfiing for his treacherous 
 and cowardly Surrender. The Articles of Accufation exhibited againft 
 him, were in Subftance, 
 
 I. That the faid Mannings on tlie 28th of July, 1673, having Notice of 
 the Approach of the Enemy's Fleet, did not endeavour to put the Garrifon 
 in a Poflure of Defence j but on the contraiy, flighted fuch as offered theu' 
 Affiflance. 
 
 II. That while the Fleet was at Anchor under Staten IJJand, on the 30th 
 of Jtdy, he treacheroufly fent on Board to treat with the Enemy, to the 
 great Difcouragement of the Oarrifon. 
 
 III. That he fuffered the Fleet to moor under the Fort, forbidding a Gun 
 to be fired on Pain of Death. 
 
 IV. That he permitei the Enemy to land, without the leaft Oppofition. 
 
 V. That fliortly after he had fent Perfons to treat with the Dutch Com- 
 modores, he fliruck his Flag, even before the Enemy were in Sight of the 
 Ci'arrilbn, the Fort being in a Condition, and the Men defirous, to fight. 
 
 VI. And laflly. That he treacheroufly caufed the Fort Gates to be opened, 
 and cowardly and bafely let in the Enemy, yielding the Garrilbn without 
 Articles. 
 
 % 
 
 1665, aiiJ was ftiui. The High Sheriff iflucd 
 .i Warrant annually, to the High Conftablcs of 
 every Diftrid, and they fent theirs to the petty 
 Conftahles ; who with the Overfeers of each 
 Town, made a Lift of all Male Perfons above 
 fixteen Years of Age, with an Eftimate of their 
 Rent and Pcrfonal Eftatedj and then taxed them 
 according to certain Rates, prefcrihed by a Law. 
 After the Afleflment was returned to the High 
 Sheriff, and approved by the Governour, the 
 Conftablcs received Warrants for levying the 
 Taxes by Diftrcfs and Sale. 
 
 * Some are of Opinion that tlie fecond Patent 
 was UDneccflary, the Duke being revetted pur 
 poft liminlum. This Matter has been often 
 difputed in the Ejectments between the A*, yerjl-^ 
 Proprietors and the Elizalntfj Town Patentees. 
 In New-Vet i the Right of Poftliminy was dif- 
 regarded, and perhaps unknown ; for there are 
 many lnftances,efpecially on Long IJland, of new 
 Grants from Sir Ethii'jnd Jndrofs, for Lands pa- 
 tented under N'uolh and Lovelace, by which the 
 Quit- Rents have been artlully enlarged. 
 
 This 
 
 a 
 
 %!<. 
 
PART II. 
 
 ) remove all 
 n the King, 
 i two Days 
 
 Governour 
 is Province, 
 t of 05lobcr 
 
 treacherous 
 ited againft 
 
 ig Notice of 
 the Garrifon 
 offered their 
 
 on the 30th 
 lemy, to the 
 
 dding a Gun 
 
 )ppofition. 
 
 Dutch Com- 
 Sight of the 
 to fight. 
 
 o be opened, 
 ion without 
 
 \e fecond Patent 
 ng revetted pir 
 has been often 
 en the A'^. Jerfry 
 
 own Patentees. 
 
 timiny was dif- 
 
 i for there are 
 ig Ijlandt of new 
 , for Lands pa- 
 
 , by which the 
 
 urged. 
 
 This 
 
 PARTii. THE HISTORY OF NEW-YORK. 33' 
 
 This fcandalous Charge, which Manmng on his Trial confefied to be 
 true, is lefs furprifmg, than the Lenity of the Sentence pronounced againll 
 him. It was this, that though he deferved Death, yet becauie he had fince 
 
 ' the Surrender, been in England^ and feen the King and the Duke, it was 
 adjudged that his Sword" fliould be broke over his Head in Publick, before 
 
 ^ the City Hall, and himlelf rendered incapable of wearing a Sword, and of 
 ferving his Majefty for the future, in any pubUck Truft in the Govern- 
 
 *^;ment. ' . 
 
 This light Cenfure, is however no Proof^ that ^\r Edmond vf2iS a Man of 
 a merciful Difpofition j the Hiftorians of New-England, where he was af- 
 
 ^*^|erwards Governour, juftly tranfmit him to Pofterity, under tlie odious 
 
 'Chara6ler of a fycophantic Tool to the Duke, and an arbitaiy Tyrant o\'er 
 
 *'the People commited to his Care. He knew no Law, but the Will of his 
 
 JVIafter, and Kirk and Jepries were not fiter Inftiiiments than he to exc- 
 
 ^ Cilte the defpofitic Proje6ls of James II. 
 * In the Year 1675, Nicholas Rcnjlaer, a Tiutch Clergyman arrived here. 
 He claimed the Manor of Renjlacr'wick, and was recommended by the Duke- 
 
 ^o Sir Edmond Androfs for a Living in one of the Churches at New-York, or 
 %any, probably to lerve the Popifli Caufe *. Niewenhyf, Minifter of the 
 hurch at Albany, difputed his Right to adminifter the Sacraments, be- 
 jfcaufe he had received an Epifcopal Ordination, and was not approved by 
 the ClaJJis of Amficrdam, to which the Dutch Churches here hold themfelves 
 ftibordinate. In this Contioverfy the Governour took the Part of Rcnjlacr, 
 
 rid accordingly fumnioncd Nicwenhyt before him, to anfwer for his Condudl. 
 his Miniiler was treated with fuch Angular Contempt, and fo frequently 
 aralTed, by fruitlefs and expenfive Attendances before the Council, that 
 he Difpute became interelling, and the greater Part of the People rtfcnted 
 e Ufage he met with. Hence we find, that the Magiftratcs of Albany, 
 ft)on after imprifoned RenJJaer, for feveral dubious IVords (as they are called' 
 4h the Record) delivered in a Sermon. The GOvcrnour, on the other hand, 
 ^ordered him to be relcafed, and fummoned the Magiftratcs to attend him 
 
 \ 
 
 * Another Reafon is affigned for the Favour 
 : met with from the Crown. It is fa' ' 
 
 Do>!^an to Killian Vm Rft/Incr, a diOant Rela- 
 tion. Tills extciifivc 'I'racl, by the Dniih ihUlA 
 a Colony, is an Ol)lung extending 24 }S\Us upcm 
 Hu(lfo)i ■& River, and as many on each Side. Tli-j 
 Patent of Confirmation was ifi'ucd by fpccial Di- 
 
 rection from ilie K 
 
 i;u: 
 
 and is the moil liberal 
 
 III 
 
 Prov 
 
 the Piiviltgcs It graiiLs. of any One in t!;tj 
 
 nice. 
 
 F 
 
 at 
 
•> 
 
 34 THE HISTORY OF NEW-YORK/ part ii. 
 
 at Nciv-Torky Warrants were then iflued to compel them to givie Security 
 in 5000 /. each, to make out good Caufe for confining the Minifter. 
 Leijlcfy who was one of them, refufed to comply with the Warrant, and 
 was thrown into Jail. Sir Edmonds fearful that a great Party would rife 
 up againft him, was at laft compelled to difcontinue his Ecclefiaftical Ju- 
 rifdi^tion, and to refer the Controverfy to the Determination of the Con- 
 Hftory of the Dtdch Church at Albany, It is perhaps not improbable, tliat 
 thefe popiih Meafures, fowed the Seeds of that Averfion to the Duke's Go- 
 vernment, which afterwards produced thofe violent Convulfions in the Pro- 
 vince under Lcijler^ at the Time of the Revolution, in Favour of the Prince 
 of Orange. . , 
 
 If Sir Edmond Androfs% Adminiftration at New-Torky appears to be lefs 
 exceptionable, than while he commanded at Bojlon^ it was tlirough want of 
 more Opportunities to fhew himfelf in his true Light. The main Courfe of 
 his publick Proceedings, during his Continuance m the Province, was fpent 
 in the ordinary A6ls of Government, which then principally confifted in 
 pafling Grants to the Subje6l, and prefiding in The Court of Assize, 
 cftablifhed by Colonel Lovelace. The publick Exigencies were now in Part 
 fupplied by a kind of Benevolence j the Badge of bad Times ! This ap- 
 . pears in an Entiy on the Records, of a Letter of May the 5"", 1676, from 
 Governour Androjs^ to feveral Towns on Lo7ig Jf.and^ defiring to know, what 
 Sums they would contribute towards the War. Near the Clofe of his Ad- 
 miniftiation, he thought proper to quarrel with Philip Carteret^ who in 
 1680, exercifed the Government of Eajl Jcrfeyy under a Commiflion from 
 ^\i' George Carteret, dated the 31ft of Julyi i(>75i Androfs difputed his 
 Right, and feized and brought him Prifoner to New-York • for which it is 
 faid he loft his own Government, but whoever confiders that Sir Edmond 
 was immediately prefered to be Governour of Bojlon^ will rather believe, 
 that the Duke fuperfedcd him for fome other Reafons. 
 
 Before I proceed to the fucceeding Adminiftration, in which our Indian 
 Affairs began to have a powerful Influence upon the publick Meafures, it 
 may not be improper to prefent the Reader with a fummary View of the 
 Hiftory and Chara6ler of the Five Nations *. Thefe, of all thofe innumer- 
 able Tribes of Savages, which inhabit the northern Part of America, are of 
 moft Importance to us and the French, both on Account of their Vicinity 
 
 * By the Dutch called Maquaas, by the French diminiflied, and confift no\/ only of about 
 hcqiiois, and by us, Five Nations, Six Nutiins, Twtlve hundred flighting Men. 
 
 and Jatcly the Confederates. Tiuy arc greatly 
 
 and 
 
* 
 
 >i PART ir. 
 give Security 
 the Minifter. 
 A^arrant, and 
 ty would rife 
 lefiaftical Ju- 
 1 of the Con- 
 probable, tliat 
 e Duke's Go- 
 is in the Pro- 
 of the Pruice 
 
 irs to be lefs 
 ough want of 
 lain Courfe of 
 ice, was fpent 
 confifted in 
 
 OF Assize, 
 e now in Part 
 s ! This ap- 
 ', 1676, from 
 o know, what 
 )fe of his Ad- 
 teret, who in 
 imiilion from 
 
 difputed his 
 "or which it is 
 It Sir EJmomi 
 
 ather believe, 
 
 ch our InMa/i 
 : Meafures, it 
 r View of the 
 lofe innumer- 
 'fjcrica, are of 
 their Vicinity 
 
 only of about 
 
 and 
 
 PARTii. THE HISTORY OF NEW-VORK. jj 
 
 and warlike Difpofition. Before the late Incorporation of the Tufcaroras, a 
 People driven by the Inhabitants of Carolina from the Frontiers of Virgiiiia^ 
 they confifted of Five confederate Cantons *. What in particular gave Rife 
 to this League, and when it took Place, are Queftions which neither the 
 Natives, nor Europeans^ pretend to anfwer. Each of thefe Nations is di- 
 vided into three Families, or Clans, of different Ranks, bearing for their 
 Arms, and being diftinguiftied by the Names of, the Tortoife, the Bear^ and 
 
 No People in the World perhaps have higher Notions than thefe Indians 
 of military Glory. All the furrounding Nations have felt the Efte61:s of 
 their Prowefs j and many not only became their Tributaries, but were fo 
 • fubjugated to their Power, that without theii" Confent, they durft not com- 
 mence either Peace or War. 
 
 Though a regular PoUce for the Prefei*vation of Harmony within, and 
 the Defence of the State againft Invafions from without, is not to be ex- 
 pelled from the People of whom I am now writing, yet perhaps, they have 
 paid more Attention to it than is generally allowed. Their Government is 
 fuited to their Condition. A People whofe Riches confift not fo much in 
 abundance, as in a freedom from Want t j who are circumfcribed by no 
 Boundaries, who live by Hunting, and not by Agriculture, muft always be 
 I free, and therefore fubje6l to no other Autliority, than fuch as confiftswitli 
 I the Liberty neceflar.ly arifing from their Circumftances. All their Affairs, 
 j||whether refpe6ling Peace or War, are under the Dire6lion of their Sachems, 
 ii|br chief Men. Great Exploits and publick Virtue procure the Efteem of a 
 'People, and qualify a Man to advife in Council, and execute the Plan con- 
 certed for the Advantage of his Country : thus whoever appears to the In- 
 dians in this advantageous Light, commences a Sachem without any other 
 h Ceremony. 
 
 As there is no other Way of arriving at this Dignity, fo it ceafes, unlefs 
 
 an uniform Zeal and A6livity for the common Good, is uninterruptedly con- 
 
 ^..- tinned. Some have thought it hereditary, but that is a Miftake. The Son 
 
 ^ is indeed, refpeded for his Father's Services, but without perfonal Merit, he 
 
 11 can never fliarc in the Government -, which were it otherwile, muil fink 
 
 n 
 
 * ThcTuJivrof.is were received uponaSuppo- 
 fition, that they were originally of the Cime Stock 
 With the Five Natii^s, becaufe there is fome Si- 
 militude between their L^ngua^es. 
 
 t Their InitMinieiiis of Conveyances are 
 figncd iiy Signatures, v> hich they muke with a 
 I^tMi, rej^eienting thtic Animals. 
 
 X An Indian^ in Anfwer to his Queflion, 
 What the white People m.nut by Covet oupiifi ? was 
 tolJ by anotlier, that it fignified, a D(/i)c of imr^. 
 than a Man had need of. Vw a t 's s i' R a n g e ! 
 (aid the Qiieiilt, 
 
 F 2 
 
 into 
 
 ;i 
 
36 THE HISTORY OF NEW-YORK. part ir, 
 
 into pcifcft Difgracc. The Children of fuch as are diftinguiftied for their 
 
 Piitriotiliii, r.io\cd Ijy the Coniideration of their Birth, and the perpetual 
 Jnciccrncnts to \'irtr.c conflantly inculcated into them, imitate their Father's 
 Exploits, and thus attain to the fame Honours and Influence j which ac- 
 counts for the 0])inion that the Title and Power of Sachem is hereditary. 
 
 Eacli of tlivfc Rcpublicks lias its own particular Chiefs, who hear and de- 
 termine all Complaints in Council, and though they have no Officers for the 
 Execution of Jull:ice, yet their Decrees are always obeyed, from the general 
 Reproach thvit would follow a Contempt of their Advice. The Condition 
 of this People exempts them from Fa«5lions, the common Difcafe of popular 
 Governments. It is impoifible to gain a Party amongfl them by indircsSt 
 Means ; for no Man has either Honour, Riches, or Power to bellow *. 
 
 All Affairs which concern tlie general Intereft are determined in a great 
 Afiembly of the Chiefs o^' each Canton, ufually held at Onondaga, the 
 Center of their Country. Up(;n Emergencies they aft feparately, but no- 
 thing can bind the Leap;uc but tJie Voice of the general Convention. 
 
 The French, upon the Maxim,, di'vide & impera, have tried all poffible 
 Means to divide thcfc Republicka, and fometimes have even fown great 
 Jealoufics amongfi dicm. In coniccjuence of this Plan, they have feduced 
 many Famiiict, to '' .havv' to Canada, and there fettled them in regular 
 Towns, under the Coiiiii'and of .a I'ort, and the Tuition of MifTionaries. 
 
 The Manners of thele Savages arc as liniple as their Government. Their 
 Houfes are a few crotched Stakes thruft iiito the Ground, and over-laid 
 with Bark. A Tire is kindled in the JV'liddie, and an Aperture left at the 
 Top for the Conveyance of the Smoke. Wiiene\'^^r a coj-iiderable Number 
 of thofe Huts are coUefted, they have a Caftle, as it is call cl, ronfifting of 
 a Square without Baftions, furrcnnded with Pallifodoes. I'iicy have no 
 other Fortification ; and this is only defigncd as an Aiylum fcr their old 
 Men, their Wives and Children, while the reft are gone out to V*' ar. They 
 live almoft entk'ely without Care. While the Women, or Scjuaws cultivate a 
 little Spot of Groimd for Corn, the Men employ themfelves in Hunting. 
 As to Cbthes, they ufe a Blanket girt at the Waift, and thrown loofely over 
 
 * The learned and judicious Author of The 
 Spirit cf Laws, fpealcing of a People who have a 
 fixed Property in Lands, obferves, " That if a 
 *' Chief would deprive them of their Liberty, 
 •' they would immediately go and feek it under 
 " another, or retire mto the Woods, and live 
 ■** ibt-rc with their Families." The Five Nations 
 
 can never be enflaved, till they grow rich 
 by A[;riculture and Commerce. Property is the 
 moft permanent Balis of Power. The Autho- 
 rity of a Sachem depending only upon his Re- 
 putation for Wifdom and Courage, muft he 
 weak and precariouS} and therefore fafe to the 
 People. 
 
PART II, 
 
 [hed for their 
 the perpetual 
 their Father's 
 £} which ac- 
 hereditary. 
 hear and de- 
 fiiccrs for tlic 
 n the general 
 he Condition 
 ife of popular 
 n by indirect 
 3eftow*. 
 ed in a great 
 )no7idagay the 
 tely, but no- 
 sntion. 
 
 1 all poffibic 
 
 I fown great 
 
 have feduced 
 
 m in regular 
 
 [iffionaries. 
 
 nent. Then* 
 
 nd over-laid 
 
 re left at the 
 
 ible Number 
 
 ronfifting of 
 
 icy have no 
 
 fcr their old 
 
 Vvar. They 
 
 's cultivate a 
 
 in Hunting. 
 
 loofely ovej- 
 
 ley grow rich 
 Property is the 
 The Autho- 
 y upon his Re- 
 urage, muft he 
 'ore fafe to the 
 
 PART II. THE HISTORY OF NEW-YORK. 
 
 37 
 :of 
 
 A 
 
 their Shoulders ; fome of their Women indeed have, befides this, a Sc 
 a Petticoat, and a few of their Men wear Sliirts ; biit the greater Part of 
 them are generally half naked. In Winter, thiii- Legs are covered- with 
 Stockings of Blanket, and tlieir I-'ect with Socks of IJecr Skin. Many of 
 i[' them are fond of Ornaments, and their Taflc is very Angular. I have fecn 
 1 Rings affixed, not only to their Ears, but their Nofes. Bracelets of Silver 
 V ' i 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. Though the Indians are capable of fuftaining great 
 Ilardfliips, yet they cannot endure much Labour, being rather fleet, than 
 ftrong. Their Men are taller than the Europeam^ rarely corpulent, always 
 beardlefs *, ftreight limbed, of a tawny Compleclion, and black uncurled 
 Hair. In tlieir Food they have no Manner of Delicacy, for though Veni- 
 Ibn is their ordmaiy Diet, yet fome times they eat Dogs, Bears, and even 
 Snakes. Their Cookeiy is of two Kinds, boiled or roafted ; to perform 
 the Latter, the Meat is penetrated by a flioit fharp Stick fet in the Ground, 
 inclining towards the Fire, and turned as Occalion requires. They are 
 hofpitable to Strangers, though few Europeans would relifh their higheft 
 Favours of this Kind, for they are \'eiy nafty both in their Garments 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 
 admited amongft them. They have been generally commended for thtir 
 Chaflity^ but I am informed by good Authority, that tliey are very lafci- 
 vious, and that the Women, to avoid Reproach, frequently dcilroy the 
 *Foetus in the Womb. They are fo perfedtly free, that unlcis tlieir Chil- 
 dren, who generally affift the Mother, may be called Servants, they ha\'c 
 none. Tbe Men frequently affociate themfelves for Converlation, by which 
 Means they not only preferve the Remembrance of their Wars, and Trea- 
 ties, but difRife among their Youths, Incitements to military Glory, as well 
 as Inftruftion in all the Subtilties of War. 
 
 Since they became acquainted with the Europeans, their warlike Appara- 
 tus is a Mulket, Hatchet f , and a long Knife. Their Boys ftill accuftom 
 themfelves to Bows and Arrows, and are fo dextrous in the Ufe of them, 
 that a Lad of Sixteen, will ftrike an Englijlo Shilhng five times iii ten 
 
 * Becaiife they pluck out the Hairs. The f Hence, to take up the Ilatclict, is with 
 
 Fren-rh Writers, who fay they have p-"-'iralIy no them a Phrale fignifyiiig to declare War ; as on 
 
 Beards, are miftaken ; and the Rcalbns they the contrary to bury it, denpies the Eitablifh- 
 
 afTign for it are ridiculous. nicnt of a Peace. 
 
 at 
 
 '.»*■ 
 
 iii 
 
 ;4 
 
3? THE HISTORY OF NEW-YORK. ?A^n, 
 
 at twelve or fourteen Yards Diftance. Their Men are excellent Markfmen, 
 both with the Gun and Hatchet j their Dexterity at the latter is very extra- 
 ordinary, for they rarely mifs the Objeft, though at a confiderable 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 Warriours, who are frightfully painted with 
 Vermillion, rife up and fing their own Exploits, or thofe of their Anceftors, 
 and thereby kindle a militaiy Enthufiafm in the whole Company. The Day 
 after the Dance, they march out a few Miles in a Row^ obferving a pro- 
 found Silence. The Proceflion 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 
 Strength 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. 
 
 The Five Nations being devoted to War, every Art is contrived to diffufe 
 a military Spirit through the whole Body of their People. The Ceremo- 
 nies attending the Return of a Party ; feem calculated in particular for that 
 Purpofe. The Day before they enta* 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 provided for the Conquerours, who in the mean time ap- 
 ()roach in Sight : one of them bears the Scalps ftretchcd over a Bow, and 
 elevated upon a long Pole. The boldeft Man in the Town comes out, and 
 receives it, and inftantly flies to the Hut where the reft are coUedled. If he 
 is overtaken, he is beaten unmercifully ; but if he out-runs the Purfuer, he 
 participates in the Honour of the Viftors, who at their firft Entrance re- 
 ceive no Compliments, nor fpeak a fingle Word till the End of the Feaft. 
 Theii' Parents, Wives, and Children then are admitcd, and treat them with 
 the profoiindcft Rcfpeft. After thcfe Salutations, one of the Conquerours is 
 :i})l)ointc(l to relate the whole Adventure, to which tlic reft attentively liften, 
 without afking a C^^-ftion, and the whole concludes with a Savage Dance. 
 
 The Indians never fi^h^ i" ^^""^ Field, or upon e(|ual Terms, but always 
 Hulk a!ul attack, by Surprile, in fmall I'artics, meeting every Night at a 
 IMace of Rendezvous. Scarce any Enemy can elcapc them, for by the Dif- 
 polition of tlie Grafs and Leaves, they follow his Tract with great Speed 
 any v;here but over a Rock. Tiicir Uarbarity is Diocking to human Na- 
 \ turc. 
 
 w< 
 
 ^^' 
 
 fte" 
 Dd 
 a 
 
 W( 
 
 * «•« 
 * .: a 
 
 
 
 
and a great 
 painted with 
 :ir Anceftors, 
 y. The Day 
 Tving a pro- 
 Bark from a 
 aked Trunk, 
 termines the 
 ler Emblem 
 iiey arc gone 
 
 ^ed to diffufe 
 rhe Ceremo- 
 :ular for that 
 lids advance, 
 on intimates 
 ned, and an 
 an time ap- 
 a Bow, and 
 nes out, and 
 :aed. If he 
 Purfuer, he 
 intrance re- 
 )f the Fcaft. 
 t them with 
 nqucrours is 
 tively liftcn, 
 ige Dance, 
 but always 
 Night at a 
 by the Dif- 
 :!;icat Sjieed 
 uuuau Na- 
 ture. 
 
 !ti 
 
 PARTii. THE HISTORY OP NEW-YORK. 39 
 
 ture. Women and Children they generally kill and fcalp, becaufe they 
 would retard their Progrefs, but the Men they cany into Captivity. If any 
 Woman has loft a Relation, and inclines to receive the Prilbner in his 
 ftead, he not only efcapes a Series of the moft inhuman Tortures, and 
 Death itfelf, but enjoys every Immuniry 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 j and for this Reafon it is not without the greateft 
 Difficulty, that a Captive is redeemed. 
 
 When the Indians incline to Peace, a Meffengcr is fent to the Enemy with 
 
 f?a Pipe, the Bowl of which is made of foft, red. Marble j and a long Reed 
 
 li beautifully painted, and adorned with the gay Plumage of Birds, forms the 
 
 1 Stem. This is his infallible Proteftlon fiom any Aflault on the Way. The 
 
 '* Envoy 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 
 
 Inftant, a general Ceflation of Arms takes Place. The French call it a 
 
 I Calumet. It is ufed, as far as I can leai'n, by all the Indian Nations upon 
 
 I the Continent. 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. 
 
 •* As to the Language of the Five Nations^ the beft Account I have had of 
 ■ it, is contained in a Letter from the Reverend Mr. Spencer^ who refidcd 
 -, amongft them in the Year 1748, being then a Miflionary from the Scolcb 
 / Society for probating Chrifian Knowledge. He writes thus : 
 
 " Sir, 
 
 " Though I was very defirous of learning the Indian Tongue, yet 
 ' through my (hoit Refidence at Onoughquage, and the furly Difpofition 
 ' of my Interpreter, I confefs my Proficiency was not great. 
 
 •' Except the I'ufcaroras, all the Six Nations fpeak a Language radically 
 ' tlie fame. It is very mafculine and fonorous, abounding witli CAitturals 
 ' and ftrong Af})irations, but without Labials. Its folcnm grave Tone is 
 ' owing to the Generofity of its Feet, as you will oblcrvc in the following 
 ' Tranflation of the Lord's Prayer, in which I have tliftinguilhed the Time 
 * of every Syllable b^ the common Marks uild in Prolbd) *. 
 
 * If wc had a good DiJlionary, marking the 
 <^aiitity as well as Kmphalis of every Syllabic 
 m thu Eni^lifli Language, it would conduce to 
 an Accuracy and Uniformity of Iionunciatiun. 
 Ihc DiL-nity of Style, (I) far as the Kar ia cun- 
 ccriicd, tunlills prijicipaily in generous Tccti and 
 
 pcrliaps it maybe a juft Rcmaik that no Sentence, 
 unlcfs ill a J^iaioL'uc, ends well wiihout a full 
 Sound, iifitvton uiid FoKlyic rartiy (wcrve from 
 this Rule, and Mr. M,j\n., un ingcniuus Author, 
 hai lately wiitlen with great Aj-pliiure, on this 
 Alliibutcyf Sfvlc, 
 
40 
 
 THE HISTORY OF NEW-YORK. part ir. 
 
 U . >.M M 
 
 •' Soungwauneha, caurounkyawga, tehseetaroan, sauhsoneyoufta, esa, 
 
 " sawaneyou, Okettauhsela, ehneauwoung, na, caurounkyawga, nughwon- 
 
 *• fhauga, neattewehnesalauga, taugwaunautoronoantoughfick, toantaugwc- 
 
 " leewheyouftaung, cheneeyeut, chaquatautalehwheyouftaunna, toughsau, 
 
 ** taugwaufsareneh, tawautottenaugaloughtoungga, nasawne, sacheautaug- 
 
 ** vvafs, coantehsalohaunzaickaw, esa, sawauneyou, esa, safliautzta, esa, 
 
 •* foungwafoung, chenneauhaungwa, auwen. 
 
 •* The extraordinary Length of Indian Words, and the guttural Afpira- 
 " tions, neceffary in pronouncing them, render the Speech extremely rough 
 " and difficult. The Verbs never change in their Terminations, as in 
 *' Latin, Greek, and Hebrew, but all their Variations are prefixed. Befides 
 " the fmgular and plural, they have alfo the dual Number. A ftrange 
 " Tranfpofition of Syllables of different Words, Euphonice gratid, is very 
 ** common in the Indian Tongue, of which I will give an Inflance. Ogilla 
 "* fignifies Fire, and cawaunna great, but inflead of joining tlie Adje6live 
 " and Subflantive to fay greatFire, cawaunna Ogilla. both Wordswould 
 •* be blended into this one.co-Gi^LLA-wAUNNA. TheDiale6tof theO;/ry^tfj, 
 *" is foftcr than that of the other Nations j and the Realbn is, becaufe they 
 •* have more Vowels, and often fupply the Place of harfh Letters withLiquids 
 " Inftead of R, they always ufe L: Rebecca would be pronunced Lequecca" 
 
 The Alt of publick Speaking is in high Eflcem among the Ir.diam, and much 
 lludied. They arc extremely fond of Method, and difpleafed with an irregu- 
 lar Harangue, becaufe it is difficult to be remembered. When they an- 
 fvver, they repeat the whole, reducing it into flri(5t Order. Their Speeches 
 are fliort, and the Senfe conveyed in flrong Metaphors. In Converfation 
 they are fprightly, but folemn and feiious in their MefTages relating to publick 
 Affairs. Their Speakers deliver tliemfelves with furprifmg Force and great 
 Propriety of Gclhne. The Fiercenefs of their Countenances, the flowing 
 Blanket, elevated Tone, naked Arm and erc6l Stature, with a half Circle of 
 Auditois feated on the CJround, and in the open Air, cannot but imprefs 
 upon the Mind, a lively Idea of the ancient Orators of Greece and Rome. 
 
 At the dole of every important Part of th,! Speech, ratifying an old Co- 
 venant, or creating a new one, a 13dt is generally given, to perpetuate the 
 kcmcinbraace of the Tranl'adion. Tliefe Belts arc about four Inches 
 
 wide, 
 
 ^1 
 
 ti 
 
youfta, esa, 
 1, nughwon- 
 toantaugwc- 
 a, toughsau, 
 sacheautaug" 
 hautzta, esa, 
 
 tural Afpira- 
 •emely rough 
 tions, as in 
 ted. Befides 
 . A ftrange 
 atid^ is very 
 ice. Ogilla 
 tlie Adje6Hve 
 Words would 
 ' the Oncydasy 
 becaufe they 
 vith Liquids 
 Lequecca." 
 
 , and much 
 
 an irregu- 
 
 en they an- 
 
 leir Speeches 
 
 tonverfation 
 
 g to publick 
 
 e and great 
 
 he flowing 
 
 f Circle of 
 
 )ut imprels 
 
 id Home. 
 
 an old Co- 
 
 petuate the 
 
 ■uur Inches 
 
 wide, 
 
 PART II. THE HISTORY OF NEW-YORK. 41 
 
 wide, and thirty in Length. They confift of Strings of Conque Shell Beads 
 faftened together*. 
 
 Witli Refpedl to Religion, the Indians may be faid to be under the 
 thickeft Gloom of Ignorance. If they ha\'e any, which is much to be 
 queftioned, thofe who affirm it, will find it difficult to tell us wherein it con- 
 : fiOs. They have ncitlier Priefl: nor Temple, Sacrifice nor Altar. Some 
 M Traces indeed appear, of the original Law writen upon their Heaits ; but 
 f^l they have no Syftem of Do6lrines, nor any Rites and Modes of pubHck 
 fl Worfliip. They are funk, unfpeakably beneath the polite Pagans of Anti- 
 quity. Some confufed Notions, indeed, of Beings fuperiour to themfelves, 
 ■ they have, but of the Deity and his natural and moral Pcrfcdlions, no pro- 
 per or tolerable Conceptions ; and of his general and particular Providence 
 they know nothing. They profefs no Obligations to him, nor acknowledge 
 their Dependence upon him. Some of tliem, it is faid, are of Opinion, 
 jtliat there are two diftincl, powerful Beings, one able to help, the other to 
 'do them Harm. The latter they venerate moft, and fome alledge, that 
 they addrefs him by a kind of Prayer. Though there are no publick Mo- 
 numents of Idolatry to be k^n in their Country, yet the Miflionaries have 
 idifcovered coarfe Imagery in wooden Trinkets, in the Hands of their Jug- 
 ♦glers, which th', » mverts deliver up as deteftable. The Sight of them 
 "would remind a i ; Letters, of the Lares and Penates of the Ancients, 
 but no certain Ju. ^.i.icnt can be drawn of their Ufe. The Indians fome- 
 times affemble in large Numbers, and retire far into the Wildernefs, where 
 tliey eat and drink in a profufe Manner. Thefe Conventions are called 
 ^KcNfic'oys. Some cUcem them to be debauched Revel.i or Bacclkmalia ; but 
 ^thofe, who have privately followed them into thefe Recefles, give fuch Ac- 
 •counts of their Condudt, as naturally lead one to imagine, that they pay a 
 joint Homage and Supplication to fome invifiblc Ecing. If we fuppofc tlicy 
 'have a Religion, it is worfe than none, and raifes in the generous Mind, 
 moll: melancholy Ideas of their depraved Condition. Little has been done 
 iXo illuminate thefe daik Corners of the Earth, with the Light of the Corj)L'l. 
 •frhe Frnicb Priefl-s boaft indeed of their Converts, but they have made 
 tnore Profelytes to Politicks than Religion. Queen Atmc fcnt a Millionaty 
 ■amongrt: them, and gave him an Appointment out of the Privy Puilb. He 
 was a Man of a good Life, but flow Parts, and his Succefs vciy incon- 
 
 t* Thofc Bends which pafs for Money, are 
 railed by the Indutm^ /famptim, and by the £)«/</•, 
 Siivmit; fixBcids were formerly valued at aSty- 
 
 ver. TTierr air always fcvrrnl poor FamiTps at 
 /ftbjuv^ who fiipport thcmlelvcs hy coining this 
 L'afli for the Tmdtrs. 
 
 Cr fidcrablc. 
 

 42 THE HISTORY OF NEW-YORK. part 11. 
 
 iiderable. The reverend Mr. Barclay afterwards refided among the MohawJa, 
 but no fuitable Piovifion being made for an Interpreter, he was obliged to 
 break up the MilFion. If the Englijh Society for propagating the Gofpel, 
 that truly venerable Body, inftead of maintaining Miflionaries in rich 
 Chriftian Congregations along the Continent, expended half the Amount 
 of their annual Contributions on Evangelifts among the Heathen, befides 
 the unfpeakable religious Benefits that would, it is to be lioped, accrue to 
 the Natives, fuch a Proceeding would conduce greatly to the Safety of our 
 Colonies, and his Majefty's Senice. Much has been writen upon this Sub- 
 ject in America * j and why nothing to Purpofe has yet been attempted m 
 Englandy towards fo laudable a Defign, can only be attributed to the ama- 
 zing Falfehoods and Mifreprefentations, by which fome of the Miflionaries 
 have long impofed upon benevolent Minds in Great Britain -f-. 
 
 
 * See Mr. Hohart\ Letters to the Epilcopa- 
 lians in New-England, The Account of the 
 Scotch Miflion at Stockbridge. Dougla/s's Sum- 
 mary, isfc. 
 
 t This is notorious to all who give themrdves 
 the Trouble of perufing the Ablirafts of th«r 
 Accounts publifhcd in England. It would be a 
 very agreeable Office to me, on this Occafion, 
 to diftinguifli the Innocent from the Guilty, but 
 that fiich a Tafk would infallibly raife up a Hoft 
 of Ejicmies. Many of the Miflionaries are Men 
 ot Learning and exemplary Morals. Thefe in 
 Jfrurici! are known and honoured, ami cannot 
 be prejudiced by an imlifcrjminate Ccnfure. 
 Their joining in a Reprcfentation for diftin- 
 fuilhirig the Delinrjucnts, who are a Difgrace to 
 the Cicih, will fcrvcas a lull Vindication of them- 
 felvcs to the Society. Mr. Ogilvie is, I believe, 
 the only Ferfon now employed by that charitable 
 Corporation among the Indians, and the greateft 
 Part even of his Charge is in the City oi Albany. 
 All the Scotch Miffionaries are among the Hea- 
 then, and their Succefs has been fufficient to en- 
 courage any future Attempts. There is a regu- 
 lar Society of Indian Converts in Nrtv-yerjty \ 
 and it is worthy of Remark, that not one of 
 them has api)ftatized into Hcathenifm. Some of 
 them have made fuch Pro.'icicncies in pratSlical 
 Religion, as ought to (hame many of us, who 
 bnaft the ijiu..»inating Aids of our Native Chrift- 
 ianity. Not one of thcic Indiam has bewi con- 
 
 cerned In thofe barbarous Irruptions, which have 
 lately deluged the Frontiers of the South-weftern 
 Provinces, with the Blood of fcveral hundred 
 Innocents of every Age and Sex. At the Com- 
 mencement of thefe Ravages, they flew into the 
 Settlements, and put themfelves under the Pro- 
 tedion of the Government. Thefe Indians no 
 fooner became Chriftians, than they openly prc- 
 fefled their Loyalty to King George ; and there- 
 fore to contribute to their Con vcrfion, was as triih 
 ptlitici, as nobly Chriftian. Thofe Colonies which 
 have done meji for this diaritablc Dcfign, have 
 efcaped bijl from the late diftrclling Calamities. 
 Of all the Miflionaries, Mr. David BrainciJ, 
 who recovered thefe Indians from the Darkncfs 
 of Paganifm, was moft fucccfsful. He died the 
 9th of October, 1747, a Victim to his extreme 
 Mortification and inextinguifliable Zeal, for the 
 Profperity of his Miflion. Thofe who are cu- 
 rious to enquire particularly into the Eftldts of 
 his indefatigable Induftry, may have Recourfe to 
 his Journal, publiflied at Philadelphia, by the 
 American Correfpondcnts of the Scotch Society, 
 in wliofc Service he was employed. Dr. Doug- 
 la/Sf ever ready to do Hoaour to his Native 
 Country, after remarking that this felf-dcnying 
 Clergyman rode about 400 Miles, in the Year 
 1744, with an Air of Approbation, afks, " Is 
 " there any Miflionary, from any of the Sn- 
 " cietics, for propagating the Golpcl in P'orci;jn 
 " Paru, that has reported the like? " 
 
 As 
 
PART II. 
 
 [le MohaivAs, 
 IS obliged to 
 the Gofpel, 
 lies in rich 
 the Amount 
 then, befides 
 d, accrue to 
 afety of our 
 on this Sub- 
 ittempted in 
 to the ama- 
 Miflionarics 
 
 ions, which have 
 be South-weftern 
 fcveral hundred 
 . At the Com- 
 hey flew into the 
 s under the Pro- 
 Thefe Indians no 
 they openly prc- 
 orge; and therc- 
 rfion, was as trrih 
 fe Colonics which 
 blc Dcfign, have 
 cfling Calamities. 
 David Riainad, 
 jni the Darknefs 
 ul. He died the 
 ^ to his extreme 
 lie Zeal, for the 
 lofe who are cu- 
 to the Eftl'fts of 
 lave Recourfe to 
 ladclphiay by the 
 e Scotch Society, 
 ffcd. Dr. Dou^' 
 to his Native 
 this felf-denying 
 cs, in the Year 
 ition, aflcs, " h 
 any of the S"- 
 Tol'pel in Forcijii 
 ike?" 
 
 As 
 
 FART II. T H E H I S t O R Y O F N E W-Y O R K. 41 
 
 As to the Hiftory of the Five Nations, before their Acquaintance with 
 the Europeans, it is wrapt up in tlie Darknefs of Antiquity. It is faid that 
 their firft Refidence was in tlie Counti-y about Montreal j and that the fu- 
 periour Strength of the Adirondacks, whom the Fj-ench call Algonquins, drove 
 them into their prefent Poffeflions, lying on the South Side of the Moha-ivks 
 River, and the great Lake Ontario *. Towards the Clofe of thofe Difputes, 
 which continued for a great Series of Years, the Confederates gained Ad- 
 vantages over the Adironducks, and ftruck a general Terrour into all the 
 other Indians. The Harons on the North Side of the Lake Erie, and the 
 Cat Indians on the South Side, were totally conquered and difperlbd. The 
 Frcm-h, who fettled Canada in 1603, took Umbrage at their Succcfs, and 
 began a War with them which had well nigh ruined the new Colony. In 
 Autumn 1665, Mr. Cource/ks, the Governour, fent out a Party againll' the 
 Mohaicks. Through Ignorance of the Country, and the Want of Snow-flioes, 
 tiiey were almoft periflied, when they fell in with Schenectady. And even 
 fliere the Indians would have facrificed them to their barbarous Rage, had 
 not Cor/ear, a Dutchman, intcrpofed to proteftthem. For this feafonableHofpi- 
 tality, the French Governour invited him to Canada, but he was unfortunately 
 drowned in his FafTage through the Lake Chaniplain. It is in Honour of 
 this Man, who was a Favourite of the Indians, that the Governouis of 
 Neiu-Tork, in all their Treaties are addrefled by the Name of Cor J car. 
 Twenty light Companies of Foot, and the whole Militia of Canada, marclicd 
 the next Spring into the Country of the Mohawks \ but their Succcfs was 
 raftly unequal to die Charge and Labour of fuch a tedious March of 700 
 Miles, through an uncultivated Defart ; for the Indians, on their Approach, 
 retired into the Woods, leaving behind them fome old Saclicms, who pre- 
 ferred Death to Life, to glut the Fury of their Enemies. The Emptincls of 
 this Parade on the one Hand, and the Indian Fearfulncfs of Fire Arms on 
 the other, brought about a Peace in 1 667, which continued for feveral Years 
 after. In this Intei-val, both the Englip and French cultivated a Trade \^ itii 
 
 on the North, as well as the South Side of the 
 Lake, and mentions fcveral of their Villagt-s in 
 1 679, viz. Tejojabon, A'/;/!,-, and Ganiieotifji. The 
 Map in his Book agrees with the Text, d'arlc- 
 voix is at Variance with his Gcograpiv-r ; for 
 Mr. beliin, befidcs layinp down thcfe ToWiu in 
 the Map, contained in the lllth Volume, writes 
 on the North Side of the I'rotradtion ol Lake 
 Ofitiitis, La Ii sjukii Ju ^01 J, 
 
 * Charlrooix, in Partiality to the French, limit! 
 the Country of the Five Nations, on the North, 
 fo the 44' h Degree of Latitude ; according to 
 V'hich, all the Country on the North Side of the 
 I-ake Ontario, and the River ifiuing thence to 
 Montreal, together with a confiderabic TravS of 
 Land on the South Side of that River, belongs to 
 the French. Nennepin, aRecollct Friar, has more 
 J^Rcfrard to Truth than the Jefuit ; for he tells us 
 mn ttft*^, that the Iroquoii polielFcd the Lands 
 
 G 
 
 the 
 
 f 
 
 i» 
 
44 THE HISTORY OF NEW-YORK. part lu 
 
 the Natives very profitable to both Nations. The latter, however, were 
 moft politick and vigorous, and filled the Indian Country with their Mif- 
 fionaries. The Sieur Perofy the very Year in which the Peace was con- 
 cluded, travelled above 1200 Miles Weftward, making Profelytes of the 
 Indians every where to the French Interefl. Courcelles appears to have been 
 a Man of Art and Induftry. He took every Meafure in his Power for tlic 
 Defence of Canada. To prevent the In*uptions of the Five Nations^ by the 
 Way of Lake Cbamplain^ he built feveral Forts in 1665, between that and 
 the Mouth of the River Sorcl. In 1672, juft before his Return to France^ 
 under Pretence of treating with the Indians more commodioufly, but in 
 Realty, as Charlevoix exprefles it, " to bridle them," he obtained their Leave 
 to ere<5l a Fort at Cadaracqui^ or Lake Ontario^ which Count Frontenae, his 
 Succeflbur, completed the following Spring, and called after his. own Name*. 
 The Command of it was afterwards given to Mr. De la Salle, who, in i678> 
 rebuilt it with Stone. This enteiprifing 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 j about wliich Time he inclofed with Pallifadoes,. 
 a little Spot at Niagara. 
 
 Though the Duke of Tork had prefered Colonel T'homas Dongan to the 
 Government of this Province on the 30th of September y 1682, he did not 
 arrive here till the 27th oi Auguft, in the following Year. He was a Man 
 of Integrity, Moderation, and genteel Manners, and though a profelicd Pa- 
 pill, may be clalTed among the beft of our Governours. 
 
 The People, who had been formerly ruled at the Will of the Duke's 
 Deputies, began their firft Participation in the legiilative Power under Co- 
 lonel Dongan, for (hortly after his Arrival, he ilTued Orders to the Sheriffs, 
 to fummon the Freeholders for choofing Reprefentatives, to meet him in 
 Membly on the 17th oi 05loher, 1683. Nothing could be more agreeable 
 to the People, who, whether Dutch or Englijh, were born the Subjefts of a 
 free State ; nor indeed, was the Change, of lefs Advantage to the Duke, 
 than to the Inhabitants. For fucli a general Difguft had prevailed, and in 
 particular in Long IJland, againfl tlie old Form which Colonel Nicolls had 
 introduced, as threatened the total Subverfion of the publick Trancjuility. 
 Colonel Dongan faw the Difaffeftion of the People at the Eaft End of the 
 Hland, for he landed there on his firll: Arrival in the Country ; and to extin- 
 
 * In ALiy 1721, it was a Square with four many firiall Iflands, ;inil a good Harbour, and 
 RaHioiis, built of Stone, being a Qiiarterofa behind it a Morais. Chai'ivoix. 
 FienJj League in Circunjfercnce ; before it, are 
 
 guiih 
 
 
 I 
 
PART II, 
 
 '^ever, were 
 
 their Mif- 
 : was con- 
 ytcs of the 
 
 have been 
 wer for tlie 
 'onSf hy the 
 ;n that and 
 1 to France^ 
 fly, but in 
 their Leave 
 'ontenae^ his 
 kvnNarae*. 
 o, in 1678^ 
 
 launched a 
 f Tons, the 
 
 Palhfadoes^ 
 
 mgan to the 
 he did not 
 was a Man 
 trofeflcd Pa- 
 
 the Duke's 
 under Co- 
 he Sheriffs,, 
 eet him in 
 e agreeable 
 ubjefts of a 
 the Duke, 
 led, and in 
 Nicolls had 
 ranquility. 
 End of the 
 id to extin- 
 
 Harbour, and 
 
 guifli 
 
 I PART II. THE HISTORY OF NEW-YORK. 4^ 
 
 guifh the Fire of Difcontent, then impatient to burft out, gave them his 
 Promife, that no Laws or Rates for the future fliould be impofed, but by 
 a general Aflembly. Doubtlefs, this Alteration was agreeable to the Duke's 
 Orders, who had been ftrongly importuned for it *, as well as acceptable to 
 the People, for they fent him foon after an Addrels, exprefling the higheft 
 Scnfe of Gratitude, for fo beneficial a Change in the Government. It 
 would have been impolTible for him much longer to have maintained the 
 -old Model over free Subje6ls, who had juft before formed themfelves into a 
 Colony for the Enjoyment' of their Liberties, and had even aheady follicited the 
 Prote6lioi> of tlie Colony of Connedltcut^ from whence the greateft Part of them 
 came. Difputes relating to the Limits of certain Townihips at the Eail 
 End of Long Ijlandy fowed the Seeds of Enmity againft Dongan^ fo deeply 
 in the Hearts of many who were concerned in them, t*^ : heir Reprefen- 
 tation to ComicBicut^ at the Revolution, contains the Jittereft Inve^lives. 
 againft him. 
 
 Dongan furpafled all his Predeceflburs, in a due Attention to our Affairs 
 with the Indians, by whom he was highly efteemed. It muft be remem- 
 bered to his Honour, that though he was ordered by the Duke^ to en- 
 
 ■ courage the French Priefts, who were come to refide among the Natives, 
 ' under Pretence of advancing the Popifli Caufe, but in Reality to gain them 
 
 ■ over to a French Intereft ; yet he forbid the Five Nations to entertain them. 
 The Jefuits, however, had no fmall Succefs. Their Profelytes are called 
 Praying Indians, or Caghmagacs, and refide now in Canada, at the Fall of 
 St. Lewis, oppofite to Montreal. This Village was begun in 1671, and con- 
 iilh of fuch of the Five Nations, as have formerly been drawn away by the 
 Intrigues of the French Piiefts, in the Times of Lovelace and Andrcfs, who 
 fcem to have paid no Attention to our Indians Affairs -f-. It was owing to 
 tlic Inftigation alfo of thefe Priefts, that the Five Natious about this Time, 
 commited Hoftilitles on the back Parts of Maryland and Virginia, which 
 occalioned a grand Convention at Albajiy, in the Year 16H4. Lord Howard 
 
 : of Effingha/n, the Govcinour of Virginia, was prefent, and made a Covenant 
 ,; with them for preventing further Depredations, towards the Accomplifh- 
 
 * The Petition to l;is Royal Highnefs was t Of late fome others of the Confederates 
 
 , drawn by tli.. C'oiiiicil, thf Aldcrmtn of AV.t/- have been allured to fettle at Ofwcgahhi, called 
 
 . I'oik, anil the Jift.ci's ( f the Peate at the Court by the Flinch, la (SalUtte, near 50 Miks below 
 
 ofAflize, the?.qtiiof 7«w, i6S'i. 1 have fecii FronUnac. General .SVvr/^'s Hmiflariis from 
 
 a Copy in the Ham s -f LcvAs Mairii, EUy, It Oj'wcgo in 1755, prevailed with fcveral of thele 
 
 * cont.iins many feverc Rcflcdions upon the Ty- Families to return to their old Habitations. 
 
 '^ i^wy Qi 'in Edimnd flndioji, 
 
 ,1 > racnt. 
 
46 THE HISTORY OF NEW-YORK, part ii. 
 
 ment of which, Colonel Dongan was very inftliimental *, Doftor CoUen 
 has publifhed this Treaty at large, but as it has no immediate Connection 
 with the Affairs of this Province, I beg Leave to refer the Reader for a full 
 Account of it, to his Hiftory of the F/w iV^.'/o«j. > " -^- -' ■" ' 
 
 While Lord Howard was at Albany, a Mefienger from De la Barre, then 
 Governour of Canada, arrived there, complaining of the Semieca Indians, for 
 interrupting the French in their Trade with the more diftant Indians, com- 
 monly included among us by the general Name of the Far Nations -j-. Co- 
 lonel Dongan, to whom the Meffage was fent, communicated it to the Sen- 
 necas, who admited the Charge, but juftified their Condu6t, alledging, that 
 the French fupplied Arms and Ammunition to the T'lvightwics X^ with whom 
 they were then at War. De la Barre, at the fame Time, meditating nothing 
 lefs than the total Deftruftion of the Five Nations, proceeded with an Army 
 of 1700 Men to the Lake Ontario. Mighty Preparations were made to ob- 
 tain the defired Succefs : frefh Troops were imported from France, and a 
 Letter procured from tlie Duke of Tork to Colonel Dongan, commanding 
 him to lay no Obftacles in the Way. The Officers polled in the Out Forts, 
 even as far as MeJJilimakinae, were ordered to rendezvous at Niagara, with 
 all the Wcftern Indians they could engage. Dongan, regardlefs 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 which Time a great 
 Sicknefs, occafioned by bad Provifions, broke out in the French Army, De la 
 Barre found it neceflaiy 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 Inteipreter among the 
 Indians,' h^ 2^ means to prevent them from attending the Treaty. The 
 Mobaivks and Sennecas accordingly refufed to meet De la Barre, but the 
 Oneydocs, Onondagas, and Cayugas, influenced by the Miflionaries, were un- 
 willing to hear the Interpreter, except before the Priefts, one La Main, and 
 three other Frenchmen, and afterwards waited upon the French Governour. 
 Two Days after their Arrival in the Camp, Monlieur De la Barre addrefTing 
 himfelf to Garrangula, an Onondaga Chief, made the following Speech, the 
 Indians, and French Officers at the fame time forming a Circle round about 
 him. 
 
 * This Covenant was ratified in 1685, and 
 at feveral Times fiiice. 
 
 t By the /</>■ Notions are meant, all thoft nu- 
 inccous Tribes inhabiting the Countries on both 
 
 Sides of the Lakes Nuromand Erie, Weftward, 
 as far as the Mijjljfipp'i, and the Southern Coun- 
 try along the Banks of theO/'/'c, and its Branches. 
 X By the French called Miamies. 
 
 I " The 
 
 (C 
 C( 
 
 cc 
 
 C( 
 
 cc 
 
 (C 
 (C 
 
 
 
 {( 
 <c 
 
 ■■^if- 
 
 (( 
 
 (C . 
 
PART II. THE HISTORY OF NEW-YORK. 
 
 ^ 
 
 Barre^ then 
 Indians, for 
 Ham, com- 
 ms '\. Go- 
 to the ^en~ 
 edging, that 
 with whom 
 ing nothing 
 th an Army 
 nade to ob- 
 "^anccy and a 
 ommanding 
 I Out Forts, 
 agara, with 
 f the Duke's 
 ifed to affift 
 'ime a great 
 ^rmy, De la 
 for which 
 he Diftrefs 
 among the 
 eaty. The 
 re, but the 
 were un- 
 Main, and 
 Govemour. 
 addrefling 
 Speech, the 
 ound about 
 
 /V, Weftward, 
 juthern Couii- 
 id its Branches. 
 
 •s. 
 
 l( 
 
 (( 
 (( 
 cc 
 cc 
 <c 
 
 (( 
 
 The 
 
 " The King, my Mafter, being informed, that the Five Nations have 
 often infringed the Peace, has ordered me to come hither with a Guard, 
 and to fend Ohguejfe to the Omndagas, to brmg the chief Sachems to my 
 Camp. The Intention of tlie Great King is, that You and I may fmoke 
 tlie Calumet of Peace together i but on tliis Condition, that you promife 
 me, in tlie Name of the Senekas, Cayugas, Onondagas, and Mohawks, to 
 give entire Satisfaction and Repaiation to his Subjects , and for the 
 future, never to moleft them. 
 
 " The Setiekas, Cayugas, Onondagas, OneydoeSy and Mohawks, have robbed 
 and abufed all the Traders that were pafling to the Illinois and Miamies, 
 and other Indian Nations, the Childien of my King. They have a6led, 
 on tliefe Occafions, conti-ary to the Treaty of Peace with my Predeceflbr. 
 I am ordered, therefore, to demand Satisfa6tion, and to tell them, that 
 in Cafe of Refufal, or their plundering us any more, that I have exprefs 
 Oi'ders to declare War. This Belt confirms my Words. The Warriours 
 of the Five Nations have conduced the Englijlj into the Lakes, which 
 belong to the King, my Mafter, and brought the Englijh among tlie 
 Nations that are his Children, to deftroy the Trade of his Subjects, and 
 to withdi-aw thefe Nations from him. They have carried the Englijh 
 thither, notwithftanding the Prohibition of the late Governour of New- 
 ark, who forefaw the Rifque that both tliey and you would run. I am 
 v^'illing to forget thofe Things, but if ever the like Ihall liappen for the 
 future, I have exprefs Orders to declare War againft you. This Belt 
 confirms my Words. Your Warriours have made feveral barbarous In- 
 cui-fions on the Illinois and Umameis j they have maffacred Men, Women, 
 and Children, and have made many of thefe Nations Prifoners, wh(^ 
 thought themfelves fafe in tlieir Villages in Time of Peace ; thele People, 
 who aie my King's Children, muft not be your Slaves j you muft give 
 them their Liberty, and fend them back into their own Country. If the 
 Five Nations fliall refufe to do tliis, I have exprefs Orders to declai'e War 
 againft them. This Belt confirms my Words. 
 
 " Thisis whati have to fay to Garrangula, that he may carry to the Senekas,. 
 Onondagas, Oneydocs, Cayugas, and Mohawks, the Declaiation which the 
 King, my Mafter, has commanded me to make. He doth not wiih 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 Pf''ork of Peace, ftiould become tlie Prifon of your Warriours. 'VS'e 
 
 " mult 
 
(< 
 
 l( 
 
 (C 
 
 48 THE HISTORY OF NEW-YORK, part ir. 
 
 ** muft endeavour, on both Sides, to prevent fuch Misfortunes. The 
 Frenchy who are the Brethren and Friends of the Five Natic?is, will never 
 trouble their Repofc, provided that the SatisfaiSlion which I demand, be 
 given J and tliat the Treaties of Peace be hereafter obferved. I fliall lie 
 extremely grieved, if my Words do not produce the Efteft, \\'hich I ex- 
 " pe<5l from them ; for then I fhall be obliged to join with the Governour 
 " of New-Torky who is commanded by his Mafter, to aflift 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 State of the French Army, and knew that they were incapable of 
 executing the Defigns with which they fet out j and therefore, after walking 
 five or fix times round the Circle, he anfwered the French Governour, who 
 fat in an Elbow Chair, in the following Strain : 
 
 '* YoNNONDIO, 
 
 " I honoui' you, and the Warrlours that are with me likewife honour 
 you. Your Interpreter has finifhed your Speech j I now begin mine. 
 My Words make hade to reach your Ears j hearken to them. 
 *' Yonnondio, you muft have believed, when you left ^ebeck^ that the 
 Sun had burnt up all the Forefts, which render our Countiy inaccertible 
 to tlie French^ or that the Lakes had fo far overflown the Banks, that 
 they had furrounded our Caftles, and that it was impolTible for us to get 
 out of tliem. 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 Warriours here prefent, 
 are come to alTure you, that the Senekas, Cayiigas, OnondagaSy OncydoeSy and 
 MohawkSy are yet alive. I thank you, in their Name, for bringing back 
 into their Country the Calumet, which your Predeceflbr received 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 fleep, I have my Eyes open, and the Sun, 
 which enlightens me, difcovers to me a great Captain at the Head of a 
 Company of Soldiers, who fpeaks as if he were dreaming. He fays, 
 that he only came to the Lake to fmoke on the great Calumet with the 
 Onojidagas. But Garrangula fays, that he fees the contrary, that it was 
 to knock them on die Head, if Sicknefs had not weakened the Arms of 
 the French. 
 
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 PART II. THE HISTORY OF NEW-YORK. 49 
 
 ** I fee Tomimdio raving in a Camp oi fick Men, whofe Lives the great 
 Spirit has faved, by inflifting this Sicknefs onthem. Hear, Yonnondio, our 
 V/omen had taken their Clubs, our Children and old Men had carried 
 their Bows and Arrows into the Heait of your Camp, if our Warriors 
 had not difai'med them, and kept them back, when your Mellengcr, Oh- 
 gueffhy came to our Caftles. It is done, and I have faid it. Hear, Ton- 
 tiondioy we plundered none of the French^ but thofe that carried Guns, 
 Powder, and Ball to the 'Twightivies and ChitUghich^ becaufe thofe Arms 
 might have coft us our Lives. Herein we follow the Example of tlie Je- 
 fuits, who ftave all the Caggs of Rum brought to our Caiftles, left the 
 " drunken Indians fhould knock them on the Head. Our Warriors have 
 ♦' not Bever enough to pay for all thefe Arms, that tliey have taken, and 
 " our old Men are not afraid of the War. This Belt preferves my Words. 
 " We carried the EfigliJI^ into our Lakes, to trade there witli the Uiaiva- 
 was and ^atoghies as the Adirondacks brought the French to our Caftles, 
 to carry on a Trade, which tlie Ejiglijli fay is theirs. We are born free ; 
 we neither depend on Tonnondio 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 Slaves, ufe them 
 as fuch, command tliem to receive no other but your People. This Belt 
 prefeives my words. 
 
 *' We knocked tlie 'Twightivies and ChiBaghicks on the Head, becaufe they 
 had cut down the Trees of Peace, which were the Limits of our Country. 
 They have hunted Bevers on our Lands : they have adled contrary to the 
 Cuftoms of all Indians j for they left none of the Bevers alive, they kill- 
 " ed both male and female. They brought the Satanas * into the Countiy, 
 to take Part with them, after they had concerted ill Defigns againft us. 
 We have done lefs than either the EngliJJj or French^ that have ufurped 
 the Lands of fo many Indian Nations, and chafed them from their own 
 Countiy. Tliis Belt preferves my words. 
 
 " Hear, Tonnondio, what I fay, is the Voice of all the Five Natiotis ; hear 
 what they anfwer ; open your Ears to what they fpeak. The Scneias, 
 Cayugasy OnondagaSy OneydoeSy and Mohawks fay, that wlicn they buried 
 the Hatchet at Cadarackui (in the Prefence of your PredecclTor) in the 
 Middle of the Fort; they planted the Tree of Peace in the fame Place, to 
 be there carefully preferved, that, in place of a Retreat for Soldiers, that 
 Fort might be a Rendezvous for Merchants : that in place of Arras and 
 Ammunition of War, Bevers and Merchandife ihould only enter there. 
 
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 50 THE HISTORY OF NEW-YORK. part 11. 
 
 " Hear, Tonnondio, take care for the future, that fo great a Number of 
 " Soldiers as appear there do not choke 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 ftop its Growth, and prevent its covering your Countiy and ours 
 *' with its Branches. I afllire you, in the Name of tlie Five Nations ^ that our 
 Warriors fhall dance to the Calumet of Peace under its Leaves, and fhall 
 remain quiet on their Matts, and Ihall never dig up the Hatchet, till their 
 Brother Tonmndio or Corlear fMkll either jointly or feparately endeavour 
 to attack the Country, which the great Spirit has given to our Anceftors. 
 This Belt preferves my Words, and this other, the Authority which the Five 
 Nations have given me." 
 
 Then Garrangula, addrcfling himfelf to Monfieur La Main, faid " Take 
 Courage OhgueJJe, you have Spirit, fpeak, explain my Words, forget nothing, 
 tell all that your Brethren and Friends fay to Tonnondio, your Governor, 
 by the Mouth of Garrangula, who loves you, and defues 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 Tonmndio, on the Part of the 
 " Five Nations" 
 
 Enraged at this bold Reply, De la Barre as foon as the Peace was con- 
 cluded, retired to Montreal, and inglorioufly iinifhed an expenfive Campaign, 
 as Do6lor Coldcn obferves, in a Scold with an old hidian. 
 
 Tie la Barre was fucceeded by the Marquis De Nonville, Colonel of the 
 Dragoons, who arrived with a Reinforcement of Troops in 1685. The 
 Marquis was a Man of Courage and an enterprifing Spirit, and not a little 
 animated by the Confideration, that he was fent over to repair the Difgrace, 
 which his Predeceflbur had brought upon the French Colony. The Year 
 after his Aiiival at ^ebec, he wrote a Letter to the Minifter in France, re- 
 commending the Scheme of ere6ling a Stone-Fort, fufficient to contain four or 
 five hundred Men, at Niagara, not only to exclude the Englijh 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 Supplies fent 
 to Fcrt Frontenac, and wrote to the French Governours, fignifying that if he 
 attacked the Confederates, he would confider it, as a Breach of the Peace 
 fubfiiling between t]ie two Crowns ; and to prevent his building a T'ort at 
 Niagrra, he }>rotert:ed againft it, and claimed the Coi.ntry as dependent up- 
 on the Province. De Nonville, in his Anfwer, denied that he inteiidcd to in- 
 vade the Five Nations, tho' the necefliuy Preparations foi' that Purpofe were 
 then carryir.<5 on, and yet Charlevoix commends him for his Piety and U]i- 
 rightnels, " igakmcnt efiimakk (fays tlie Jefuit) pour fa Valcur, Ja droiture (J 
 
PART II. THE HISTORY OF NEW-YORK. 51 
 
 '■^ faPictiy Colonel Dongau, who knew the importance of our Indian Alliance, 
 placed no Confidence in the Declarations of tlie Marqiiis, but exerted him- 
 felf in preparing the Confederates for a War ; and the French Authour, jiifl 
 mentioned, does him Honour, while he complains of him as a perpetual 
 Obftacle, in the Way of the Execution of tlieir Schemes. Our Allies were 
 now triumphing in their Succefs over the Chigtaghics^ and meditating a War 
 with the TwightivieSy who had diftiirbed them in their Bevcr-hunting. De 
 Nonville^ to prevent the Interruption of the French Trade with the TiuightnuieSy 
 determined to divert the Five Naficas and carry the War into their Country. 
 To that End, in 1687, he colle6led 2000 Troops and 600 Indians at Montreal^ 
 and ifllied Orders to all the Officers in the more wefterly Country, to meet 
 him with additional Succours at Niagara^ on an Expedition againft the Scn- 
 necas. An Englijh Party under one M^Grcgory, at the fame Time was gone 
 out to trade on the Lakes, but the French^ notwitliflanding the Peace then 
 fubfifting between tlie two Crowns, intercepted them, i'.ized their Eft>3Vs, 
 and imprifoned their Perfons. Monfieur Fonti Commandant among the 
 ChiSiaghicSy who was coming to the General's Rendezvous at Niagara^ did 
 the like to another Englip Party, which he met within Lake£^-u'*. The 
 Five Nations, in the mean Time, were preparing to give the French Army a 
 fuitable Reception. yiovSxtMX Companie, with two or three hundred r< a, /- 
 dians in an advanced Pai'ty, furprifed two Villages of the Confedf^'ates, who, 
 at the Invitation and on the Faith of the French, feated thcmelvt s down 
 about eight Leagues from Lake Fadarackui or Ontario. To \ revent their 
 Efcape with Intelligence to their Country Men, they were carried to the Fort, 
 and all but thirteen died in Torments at the Stake, iinging with an heroick 
 Spirit, in their expiring Moments, the Perfidy of the French. The reft accord- 
 ing to the exprefs Orders of the French King, were fent to tlie Galleys in 
 Europe. The Marquis having embarked his whole Army in Canoes, let out 
 from the Fort at Caduracktd on the 23d of 'June, one half of them palling along 
 . the North, and the other on the fouth Side of the Lake ; and both arrived the 
 fame Day at Tyrondeguait, and fliortly after fet out on their March towards the 
 chief Village of the Sennecas at about leven Leagues D'.*'.* .:e. The main Bodv 
 was compofed of the Regulars and Militia, the Front and Rear of the Indians 
 and Traders. The Scouts advanced the fecond Day of their March, as fdv 
 as the Corn of the Village, and witliin Piftol-fliot of 500 Sennecas, who lay 
 upon their Bellies undifcovered. The French, v/ho imagined tlie Enemy were 
 
 * Both thefe Attacks were open Infra£lions c '^ 
 the Treaty at ^Fhitehal/ executed in Nov. 1686; 
 by which it was agreed, that the Indian TraJe 
 
 in Jnier'na, fhoulJ be hez to the EngUjh and 
 Fremb. 
 
 «U 
 
52 THE HISTORY OF NEW-YORK. part ti, 
 
 al! fled, quickened their March to overtake tlic Women nnd old Men, B\it 
 r.f> IcOaer had they reached the Foot of a Hill, about a Mile from the Vil- 
 lage, than the Sawecas raifcd the W^ar Shout, and in the fame Inflant 
 cliarged upon the whole Army both in the Front and Rear. Univerfal C'on- 
 fiilion enfucd. The Battalions divided, fired upon each other, and flew into 
 the Wood. The Scmiccas improved the Diforder of the Enemy, till they 
 were repulfed by the Fniich Indians. According to Charlevoix's Account, 
 wliich may be juftly fufpeded, the Enemy loll but fix Men, and had twenty 
 wounded in the Conflifl. Of the Si/mccaSy 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 j w^hich gave the Semecas 
 an Opportunity to burn theu' \'illagc and get off. Two old Men remain- 
 ed in tlie Caftle to receive the General, and regale the Baibarity of his 
 Tmiian Allies. After deftroying the Corn in this and feveral other Villages, 
 the Army retired to the Banks of the Lake, and ere^fled a Fort \\'ith four 
 Baftions on the fouth-caft Side of the Streights at Niagara, in which they 
 left 1 00 Men, under 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, periflied thro' Famine *. 
 .Soon after this Expedition, Colonel Dongan met tlie Fi've Nations at Albany. 
 To what Intent, appears from the Speech he made to them on the 5th of 
 Augujl, which I choofc to lay before the Reader, to fhew his Vigilance and 
 Zeal for the Intereft of his Mafter, and the Common Weal of the Province 
 commited to his Care. 
 
 '* Brethren, 
 " I. am veiy glad to fee you here in this Houfe, and am heartily glad that 
 *' you have fulla^ned no greater Lofs by the French, tho' I believe it was 
 theiir Intention to def^roy you all, if they could have furprifed you in your 
 CafHes. 
 
 "As loon as I heard their Defign to war with you, I gavf^ you Notice, 
 and t:ame up hither myfelf, that I might be ready to give all the Afliftancu 
 and /\d\ ice, that lb Ihort a Time would allow me. 
 
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 * Nothijtg 1.U1 be more perfidious and unjiift. Command of tlic Lakes, hut Chmltvotx blamts 
 
 than this A.tliii.k xipon our Coiifcilcrates. Tlic him, as he docs llint.tpiti.^ Dn L'llli and c\ery o- 
 
 tv.o CidWiis ha n.tit jult coiitludtd a Trc.nty for thcr Auihoiir, who condTils tlit- Tnuh, li> ihc 
 
 Ihc Prtfcrv.it'i >n (tf the Peace : La Nontnn^ rne Prtjudice of ihc ambitious Cl.\inis of the C'gurr 
 
 of the Fumh lliflf.rians ccnfiircs Di S'onvilU\ of fniiict, 
 Ct>iidu*.'t, and auuiiis tlie Uritijij Title to the 
 
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ART TT, 
 
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 PART II. T H E H I S T R Y O F N E W-Y O R K. sz 
 
 " I am now about fending a Gentleman to England, to the King, my 
 " Matter, to let him know, T^'kat the Frcncli have invaded his 'Territories en 
 " this Side of the great Lake, and warred upon the Brethren his Euhje^h. I 
 " therefore would willingly know, whether the Brethren have g^ en the 
 " Ciovernor of Canada any Provocation or not ; and if they have, how, 
 " and in what Manner ; becaufe I am obliged to give a true Account of this 
 " Matter. This Bufinefs may caufe a War between the King of England , 
 " and the French King, both in Europe and here, and therefore I mult 
 " know the Truth. 
 
 " I know the Governor of Canada dare not enter into the Kiny; of En~ 
 " glands Territories, in a hoftile Manner, without Provocation, if he 
 thought the Brethren were the King of England's Subjefts ; but you have, 
 " two or three Years ago, made a Covenant-chain with the French, con- 
 " trary to my Command (which I knew could not hold ! jng) being void of 
 " itfelf among the Chriftians; for as much as Subjects (as yM are) o\ight 
 " not to treat with any foreign Nation, it not lying in your Power. ^ oii 
 " have brought this Trouble on yourfelves, and, as 1 believe, this is the only 
 *' Reafon of tlieir falling on you at this Time. 
 
 " Brethren, I took it veiy ill, that after yen had put yourfelves into the 
 " Number of the great King of England'^ Suhjefls, you fliould ever ofter 
 " to make Peace or War, without my Confcnt. 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 Aflillance you wanted, pro- 
 vided that you would be advifed by vr.. ; for I know the French better than 
 any of you do. 
 
 '* Now lince there is a War begun upon you by the Governor of Canada; 
 1 hope without any Provocation by you given, I dclire and coinmand 
 ** you, that you hearken to no Treaty but by my Advice; whid. if you 
 •* follow, you Ihall have the Benefit of the great diain of Friendlliip between 
 *' the great King of England, and the King of France, which canic out of 
 " England the other Day, and which I liave fent to Canada by Anthony le Ju- 
 ** nard ; in the mean Time, I will give you fuch Advice as will be for your 
 *' Good ; and will fupply you v.ith llicn WcceHaries as you will have need of. 
 ** i/?, My Advice is, as to what Piifoners of the French you liiall take, 
 '* that you draw not th.cir Blood, but bring them home, ami kceji them to 
 " exchange for your People, which they l..ue i'iilbners already, or may take 
 ** hcrcafrer." 
 
 *• 2,//v, That if it l^c j>onihlc, that you can order it Ih, I wouhl hnvevoutakc 
 '• one or two of yoiir wikll Sachems, and one or two of your thief (."aptains, 
 
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 54 THE HISTORY OF NE W-Y O R K. part ii. 
 
 *' of each ryation, to be a Council to manage all Affairs of the War. They, 
 *' to give Orders to the reft of the Officers what they are to do, that your 
 ** Deligns may be kepi private; for after it comes among fo many People, 
 it is blazed abroad, and yourDefigns are often fruftrated j and thofe chief 
 JVIcn Ihould keep a Correfpondence with me by a trufty MelTcnger. 
 " 3^/v, The great Matter under Confideration with the Brethien is, how 
 to ftrengthen themfelves, and weaken their Enemy. My Opinion is, that 
 the Breihrcn fliould fend Meflengers to the Utauuiwas, Twichtivies, and the 
 farther Indians^ and to fend back likewife fome of tlie Prifoners of thefe 
 Nations, if you have any left, to bury the Hatchet, and to make a Co- 
 venant-Chain, that they may put away all the French that are among 
 them, and that you will open a Path for themthis Way (they being the 
 King oi England's Subje<5ls likewife, though the French have been admitted 
 to trade with tliem ; 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 tliey may have every thing cheaper than among the French : 
 that you and they may join together againft the French^ and make fo film 
 a League, that whoever is an Enemy to one, muft be to both. 
 •' 4/M', Another Thing of Concern is, that you ought to do what you 
 can to open a Patli for all the noith Indians and Mahikanders that are 
 among the U/aicaivas and further Nations. I will endeavour to do the 
 fame to bring them home. For, they not daring to return home your 
 '• Way, tlie French keep them there on purpofe to join with the other Na- 
 " tions againft you, i'ov your Deftru6lion, for you know, that one of them 
 " is worfe than fix of tlie others ; tiierefore all Means nuift be iifed to bring 
 «' them home, and ufe them kindly as they pafs through your Country. 
 
 " 5/M', My Ailvice further is, that Meflengers go, in behalf of all the 
 *' Fht' Na/ions, to the Chrifti ian Indians at Canada, to pcrliiade tliem to 
 '* come home to their native Country. This will be another great Means to 
 " weaken your Enemy j but if ihey will not be advifed, )0u know what to 
 *' do with them. 
 
 •* 6//j/)', I think it very neccfTary, for the Bretlirens Security and Aftift- 
 " ance, and to the endamaging the French, to build a Fort upon the 
 " Lake, where I may keep Stores and Provifions in Cafe of Neceflity ; 
 " and therefore I woukl have tlie Brethien let me know what Place will be 
 " nioft convenienl for it, 
 
 ** ytbty, I vvouKl not have the Brctluen keep their Corn in their Caftles, as 
 '• I hear the Onondagus do, but bury it a great way in the Woods, where 
 
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 PARTir. THE HISTORY OF NEW-YORK. ss 
 
 *♦ few People may know where it is, for fear of fuch an Accident as has 
 ** happened to the Sennekas. 
 
 ** 'ithly, I have given my Advice in your general Aflembly, by Mr. Dirk TVcf- 
 " Jeh and Jlkus^ the Interpreter, how you are to manage your Paities, and 
 •' how neceflary it is to get Prifon''"?, to exchange for your own Men that are 
 *' Prifoners with the French, anvl 1 am glad to hear that the Brethren are fo 
 " united as Mr. Dirk JVeffeh tells me you are, and that there was no rotten 
 " Members nor French Spies among you. 
 
 *' ()thlyy The Brethren may remember my Advice, which I fent you this 
 " Spring, not to go to Cadaracktii -y if you had, they would have fcivcd you, 
 as they did your People that came from hunting thither, for I told you 
 that I knew the French better than you did. 
 
 *' 10//?/)', There was no Advice or Proj)orition that I made to the Brethren 
 all the time that the Pricft lived at Onondaga, but what he wrote to Ciuw- 
 da, as I found by one of his Letters, which he gave to an Indian to car- 
 ry to Canada, but which was brought hitlier ; therefore, I defne the Bre- 
 thren not to receive him, or any French Prieft any more, having lent for 
 Englijh Priefts, with whom you may be fupplied to your Content. 
 " 1 ithly, I would have the Brethren look out fharp, fur fear of being fur- 
 " piifed. I believe all the Strength of the French will be at their Frontier 
 " Places, "ciz. at Cadarackui and Oniagara, where they have built a Fort now, 
 " and at T'rois Rivieres, Montreal and Chambh. 
 
 ** \2thlj. Let me put you in mind again, not to make any Treaties with- 
 " out my Means, which will be more advantageous for you, than your do- 
 " ing it by yourfelves, for then you will be looked upon ai the King c/ Hng- 
 " land'i Su/jje^h, and let me kiiovv, from Time to Time, every thing that 
 " is done. 
 
 " Thus far I have fpokcn to you relating to the War." 
 Not long after this Interview, a confulcrablc Party oi' j\lcha'u;ks ami Afa- 
 kikanders, w Riirr Indian.^, bciet l^ort Chamhh, burnt fevera' iloufes, .ind re- 
 turned with many Captives to ylilun.s. Forty Ononda^as, abi)uc the fame 
 time, furprifed a few Soldiers near Fort Frcntenac, whom the/ confined 
 inflrnd o^ the Indians fent home to the (Jaliies, n(;twith(laiKling the utmolt 
 Adilicfb was ufcd to regain them, by J,amherv;lle, a French Priell, wliO de- 
 livered th.cm tv.o l;elt'j, to enj:;\gc their Kiiidticfs to the Pri'oners, and pre- 
 vent their jolnii^g ih- (^unrrtl with the .S'(,///<v«/j-. Tlie Pelts belr|.!; Iciit to 
 Colimel Dcngan, he wrote to De No/.ii:l,\to demand the R«..il()n ( " l"'jir be- 
 ing doiivcial. Ptrr ,'e Fai.ian! wa.s lent berc about the Hcgini ig ot lU': Ve'tr 
 JOSH, under Colour cf bringing an Anlwcr, but In reality as a Spy. Colonel 
 
56 THE HISTORY OF NEW-YORK. part it. 
 
 Do?i^dn told him, that no Peace could be made with the Five Nations^ un- 
 leis the LniiiVis ient t(j tliC Galleys, and the Caglmuaga Profelytes were return- 
 ed to their rerpeclive Cantons, tlie Forts at Niagara and Frotitcnac raifed, 
 and the Samccas had Satisfaction made them, for the Damage they had fuf- 
 talncd. The Jefuit, in his Return, was ordered not to vifit the Mohawks. 
 
 Do?igiin, who was fully fenfible of the Importance of the Indian Intereft to 
 the E?igtijh Colonies, was for compelling the French to apply to him m all 
 their AffrJis with the Five Natiom -, while they, on the other Hand, were for 
 treating with them independent of the EngliJJj. For tliis Reafon, among 
 otliers, he lefufcd them the x^fliftance they ficqucntly required, till they ac- 
 knowledged the Dependence of the Confederates on the Englifo Crown. 
 King James, a poor bigotted, popiih, prieft-ridden Prince, ordered his Go- 
 vcinoiu- to gi\'e up this Point, and to perfuade the Five Nations to fend 
 Mellerigers to Canada, to receive Propofals of Peace from the French. For 
 this Puipofe, a Ceflation of Arms and mutual Redeliveiy of Prifoners was 
 agreed upon. Near 1200 of the Confederates attended this Negotiation at 
 Montreal, and in their Speech to De Nonville, infiftcd with great Refolution, 
 upon the Terms propoled by Colonel Dongan to Father Le Vaillant. The 
 French Governour declared his WilUngnefs to put an End to the War, if all 
 his Allies might be included in the Treaty of Peace, if the Mohawks and Sen- 
 necas would lend Deputies to lignify 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 ratifi- 
 ed in tlie Fielil. But a new Rupture not long after enfucd, from a Caufe 
 entirely unfufpefted. The Dinondadies had lately inclined to the Englijtj 
 Trade at MiJ/'ilimakinac, and their Alliance was tlierefore become fufpeded 
 by tlie French. Adario, their Chief, thought to regain the ancient Confidence, 
 which had been rcpoled ui his country Men, by a notable A»5lion againft the 
 Five Nations ; and for that Purpofe put himfelf at the Head of 1 00 Men : 
 nothing was more difagreeable to him, than the Profpe6l of Peace between 
 the French and the Confederates ; for that Event would not only render the 
 Amity of the Dinondadies ufelefs, but give the French an Opportunity of re- 
 fenting their late favourable Conduc. lowards the Englijh. Imprefled whh 
 thefe Sentiments, out of Affection to his Country, he intercepted the Ambaf- 
 fadours of the Five Nations, at one of the Falls in Cadarackui River, killed 
 Ibmc, and took others Prifoners, telling them that the French Governour had 
 informed him, that fifty Warriours of the Five Nations were coming that 
 Way. As the Dinondadies and Confederates were then at War, the Amballh- 
 dours were allonilhcd at the i\rfidy of the French Governour, and could not 
 
 help 
 
\^ 
 
 PART IT. 
 
 PAATii. THE HISTORY OF NEW-YORK. 5^ 
 
 help communicating the Defign of their Journey. Adario^ in Profecution of 
 his crafty Scheme, counteifeitcd the utmoft Diilrefi, Anger, and Shame, on 
 being made the ignominious Tool of De Nonvi'Ies Treaclieiy, and addreft- 
 ing himfelf to Dekanejoroy tiie principal AmbafTadour, faid to him, " Goj 
 " my Brethren, I untie your Bonds, and fend you Home again, though our 
 " Nations be at War. The French Governor has made me commit fo 
 *' black an Aftion, that I (hall never be cafy after it, till the Fhc Nations 
 •' fliall have taken full Revenge." This Outrage and Indignity upon the 
 Rights of Ambalfadours, the Truth of vv^hich they did not in the lead doubt, 
 animated the Confederates, to the keencfl Thirft after Revenge ; and accord- 
 ingly 1200 of their Men, on the 26th of July 1688, landed on the South 
 Side of the Ifland of MontrcaU while the French were in perfect: Security j 
 burnt their Houfes, facked their Plantations, and put to the Sword all the 
 Men, Women, and Children, without the Skirts of tlie Town. A thoufand 
 French were flain in this Invafion, and twenty fix caj-ried in Captivity and 
 burnt alive. Many more were made Prifoners in anothei- Attack in 05lo- 
 her, and the lower Part of the Ifland wholly deftroyed. Only three of the 
 Confederates were loft, in all this Scene of Mifery and Defolation *. 
 
 Never before did Canada faftain fuch a heavy Blow. The News of this 
 Attack on Montreal no fooner reached the Garrifon at the Lake Ontnrioy 
 than they fet fire to the two Barks, which they had built there, and aban- 
 doned the Fort, leaving a Match to 28 Barrels of Powder, tlefigncd to blow 
 up the Works. The Soldiers went down the River in fuch PrecI})itation, 
 that one of the Battoes and her Crew were all loit in Ihooting a Fall. The 
 Confederates in the mean time feized the F^rt, the Powder, and tiie Stores ; 
 and of all die French Allies, who were vaftly numcious only the Ncpicirini- 
 ans and Kikabom adhered to them in their Calamities. The Utaicaiajs and 
 fcven other Nations inftantly made Peace with the EngliJJ: ; and but for the 
 uncommon Sagacity and Addrefs of the Sieur Perots the Weftern Indiatn 
 would have murdered eveiy Frenchman amongft them. Nor did the Dif- 
 trellcs of the- Canadians end here. Numerous Scouts from the Fi-vc Nations, 
 continually infeftcd their Borders. The frequent Depredations that were made, 
 j^revented them from the Cultivation of their Fields, and a dillrclling I^miinc 
 raged through the whole Countiy. Nothing but the Ignorance of the I/uii- 
 ti/is, in the Ait of attacking fortified Places, favcd Canada from being now 
 utterly cut off. It was therefore unfpeakably fortunate to the Firmb, that 
 
 • I have followed Dr. Cc/fltn in the Accoint /•«/?, and the Indians 15CO flrotiir ; ami as tn the 
 oftliis Ati.uk, uhoilifTcrs U^.^mCha1it^slx. i hat L<ifs oJ the I'ltnJ), he diminishes it only to li 
 
 Jt.'luit \.^.\U u», lli.it the Ijivcfioti wu} Ute iii Au- 'vju! 
 
 the 
 
THE HISTORY OF NEW-YORK. part ii. 
 
 the Indians had no Afliftance from the Englijl:^ and as unfortunate to "us, that 
 pur Colonies were then incapable of atfording Succours to the Confederates, 
 through the malignant Influence of thofe execrable Meafures, which were 
 purfued under the mfamous Reign of King 'James the Second. Colonel Don- 
 gauy whatever his Condudt might have been in civil Affairs, did all that he 
 could in thofe relating to the Indians, and fell at laft into the King's Dif- 
 pleafure, through his Zeal for the true Intereft of the Province. 
 
 While thefe Things were tranfafting in Canada, a Scene of the greateft 
 Importance was opening at Neiv-lor/:. A general DiiafFeiSHon to tlie Govern- 
 ment pievailed among the People. Papifts began to fettle in the Colony un- 
 der the Smiles of the Governour. The Colle(5lor of the Revenues, and feve- 
 ral principal Officers, threw off the Maik, and openly avowed their Attach- 
 ment to the Doftrines of Rome. A Latin School was fct up, and the Teacher 
 flrongly fufpefted for a Jefuit. The People of Long-IJland, who were dif- 
 appointed in their Expectation of mighty Boons, promned by die Govern- 
 our on his Arrival, were become his perfonal Enemies ; and in a Word, the 
 whole Body of the People trembled for the Protellant Caufe. Here the 
 Leaven of Oppofition firll began to work. Their Intelligence from England^ 
 of the Defigns there in Favour of the Prince of Oiange, blew up the Coals 
 of Difcontent, and elevated the Flopes of the Difaftcftcd. But no Man 
 dared to fpring in A6lion, till after the Rupture in Dojhu. Sir Edmond An- 
 drcfs, who was perfectly devoted to the arbitrary Meafures of King James, 
 by his Tyranny in Neiv-Engla?id, had drawn upon himlelf the univerfal 
 Odium of a People, animated with the Love of Liberty and in the Defence of 
 it relblute and courageous ; and therefore, when they could no longer en- 
 dure his dcfpotic Rule, they feized and imprifoned him, and afterwards fcnt 
 him to Enghmd. The Government, in the mean time, was veiled in the 
 Hands of a Committee for the Safety of tlie People, of which Mr. Bradjlrcet, 
 was chofcn Prefidcnt. Upon the News of this Event, feveral Captains of 
 our Militia convened thcmfclves to concert Meafures, in Favour of the 
 Prince of Orange. Amongft thefe, Jacob LciJJcr was the moft active. He 
 was a Man in tolerable Flleem among the People, and of a moderate For- 
 tune, but dcilitute of every Qualification neccflary for the Enterprife. Mil- 
 home, his Son in Law, an Engliji.mnn, directed all his Councils, while 
 Leijlcr as abfolutely influenced the other Ofliccis. 
 
 The fiift Thing they contrived, was to feize the Gariifon in New-Tork; 
 and thcCuflom, at that Time, of guarding it e\cry Night by the Militia, 
 gave Lcijlcr a fine Opportunity of executing the Defign. He entered it 
 with forty nine Men, and determined to hold it till the whole Militia fliould 
 
 3 J^"^ 
 
PART II. THE HISTORY OF NEW-YORK. 5^ 
 
 join him. Colonel Dongun, who was aliout to leave the Province, then lay 
 embarked in the Bay, having a httle bcfoie rtfigned the Government to 
 Frafrcis Nicbolfon, the Lieutenant Goveraour. The Council, Civil Officers, 
 and Magiftrates of the City, were againft Leijlcr, and therefore many of his 
 Friends were at firft fearful of openly efpoufmg a Caufe dilapproved by the 
 Gentlemen of Figure. For this Reafon, Leijlcr% tirft Declaration in Favour of 
 the Prince of Orange^ was fubfcribed only by a few, among feveral Compa- 
 nies of the Trained Bands. While the People, for four Days fucceflively, were 
 in the utmoft Perplexity to determine what part to choofe, being foUicited 
 by Leijler on the one Hand, and threatened by the Lieutenant Governour on 
 the other, the Town was alarmed with a Report, that three Ships were 
 coming up, with Orders from the Prince of Orange. This Falfehood was 
 very feafonably propagated to ferve the Intereft of Leijler j for on that Day, 
 the 3d of 'June 1689, his Party was augmcn-ed by the Addition of fix 
 Captains and 400 Men in New-Tor k^ and a Company of 70 Men from 
 Eajl-Chejler^ who all fubfcribed a fecond Declaration *, mutually covenant- 
 ing to hold the Fort for the Prince. Colonel Dongan continued till this 
 Time in the Harbour, waiting the UTue of thefe Commotions ; and Nicbol- 
 fon s Party being now unable to contend with their Opponents were totally 
 difperfed, the Lieutenant Governour himfelf abfconding, the very Night 
 after the laft Declaration was figned. 
 
 Leijler being now in compleat Pofleflion of the Fort, fent Home an Ad- 
 drefs to King JVilliam and Queen Mary\ as foon as he received the News 
 of their Accellion to the Throne. It is a tedious, incorreft, ill-drawn Nar- 
 rative of tile Grievances which the People had endured, and the Methods 
 lately taken to feciire themfelves, ending with a Recognition of the So- 
 vereignty of the King and Queen over the whole Englijlj Dominions. 
 
 This Addrefs was loon followed, by a private Letter from Leijler to 
 
 * I have taken an cxaft Copy of it for the Satif- 
 fa«Jlioii of the RcaJer. ♦' Whereas our Intention, 
 tended only but to the Prefervation of the Pro- 
 tcftant Religion, and the Fort of this Citty, to 
 the end that we nny avoid and prevent, the 
 ra(h Judgment of the World, in fo a juft De- 
 fign i wee have thought iitt, to let every Body 
 knowr by thefe pnblick Pr.'cl.im;Uion, that till 
 the fafe Arryvell of the Shi|>s, that wee exped^ 
 every Day, from his Ruyal Highnefs the 
 Piiiicc ()( Orange, with Orders for the Govcrn- 
 " mcijt of this Country ia the liduK of fuch 
 
 ** Perfon, 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, ami 
 " without any Delay, we (hall execute the faid 
 " Orders punctually ; declaring tliat we do in- 
 " tend to fubmitt and obey, not only the faid 
 " Orders, but alfo the Bearer thereof, com- 
 " mittcd for the Kxrcution of the fame. In 
 " Witnrfs hereof, we have figned thcfc PrcfcnU». 
 
 *• the ti>ini ..f y*(//f lO^'j." ,, , 
 
 King 
 
6o THE HISTORY OF NEW-YORK. part ir. 
 
 King ff^/Iliam, which, in very broken Englijh, informs his Majefly of tlie 
 State of the Garrifon, the Repairs he had made to it, and the Temper of 
 the People, and concludes witli ftrong Proteftations of his Sincerity, Loy- 
 alty, and Zeal. Joji Stoll^ an Enfign, on the Delivery of tliis Letter to the 
 King, had the Honour to kifs his Majcfty's Hand, hut Nicholjhn the Lieute- 
 nant-Governour, and one Ennis^ an Eyifcopal Clergyman, arrived in England 
 before him ; and by falfely reprcfcnting the late Mcafures in New-lork, as 
 proceeding ratlier from their Averhon to the Church of England, than Zeal 
 for the Prince of Omnge, Leifler and his Party milled the Rewards and 
 Notice, which their Activity for the Revolution jullly deferved. For tho* 
 the King made Stall die Bearer of his Thanks to the People for their Fide- 
 lity, he ib little regarded Leijlers Complaints againfl Nicboijbn, that he was 
 foon after prefered to the Government of Virginia. Dongan returned to 
 Ireland, and it is (aid fuccceded to tlic Earldom of Limerick. 
 
 Lcijlers fudden Inveftiture with fupreme Power over the Province, and the 
 probable Profpects of King JViliiains Approbation of his Condudt, could not 
 but excite tlie Envy and Jealoufy of the late Council and Magiltrates, who 
 had refufed to join in tlie glorious Work of the Revolution ; and hence the 
 Spring of all their Averfion, both to the Man and his Meafures. Colonel 
 Bayard, and Courtland the Mayor of the City, were at the Head of his Oj>- 
 ponents, and finding it impoilible to raife a Party againft him in the City, 
 tliey very early retired to Albany, and there endeavoured to foment the Op- 
 pofitioii, Leijlcr, on tlie other Hand, feaifid of their Influence, and to 
 extinguifli the Jealoui'y of the People, thought it prudent, to admit feveral 
 ti-uliy Perfons to a Participation of that Power, which the Militia on the ill 
 of y/^/yhad commitcd folely to himfclf. In Conjunftion with thefe, (who, 
 after the Bojlon Example, were called The C»)mmittee of Safety) he exercifcd 
 the Government, almming to himfclf only, tlie Honour of being Prefident in 
 their Councils. This Model continued till the Month of Dectmher, when a 
 Packet arrived with a Letter from the Lords Carmarthen, Hallifax, and 
 others, diredVed " To Francis Nickolfon, Efc|; or in his Abfence, to fuch as 
 " for ths Time being, take Care for preferving the Peace and adminiflring 
 " the Laws, in their Majefties Province of Neiv-Tork, in America.'' This 
 Letter was dated the 29th of July, and was accompanied with another from 
 Lord Nottingham, dated the next Day, which after empowering Nicholjon 
 to take upon him the chief Command, and to appoint for his Ainftance 
 as many of the principal Freeholders and Itihabitants as he (hould think fit, 
 requiring alfo " to do every Thing, appertaining to the OfTice of Licutenant- 
 
 *' Governor, 
 
J over nor. 
 
 PART II, THE HISTORY OF N E W-Y O R K. 6t 
 
 *' Governor, according to the Laws and Cuftoms of Nenv-Tork untill fur- 
 " ther Orders." 
 
 Nicboljhn being abfconded w^hen this Packet came to hand, Leijler confider-' 
 ed the Letter as direded to himfelf, and from this Time iflued all kinds of 
 CommifTions in his own Name, afluming the Title, as well as Authority, 
 of Lieutenant-Governour. On the i ith of December^ he fummoned the 
 Committee of Safety, and agreeable to their Advice, fwore the following Per- 
 fons for his Council. Peter de Lanoy^ Samuel SiaafSy Hendrick Janfen, and 
 'Johamtes Vermilie^ for New-Tork. Gerardus Beekmatty for King's County. For 
 i^icefis County y Samuel Edfel ; T'homas fVilliams for WejUChejler^ and William 
 Lawrence for Orange County. 
 
 Except the Eaftern Inhabitants of Long IJland^ all the Soutliern Part of 
 tlie Colony, chearfully fubmited to Leijler s Command. The principal Free- 
 holders, however, by refpe6lful Letters, gave him Hopes of their Submiflion, 
 and thereby prevented his betaking himfelf to Arms, while they weie 
 privately foUiciting the Colony of Connecticut ^ to take them under its Jurif- 
 di£lion. They had indeed no Averfion to Leijler % Authority, in Favour of 
 any other Party in the Province, but were willing to be incorporated with 
 a People, from whence tiiey had originally colonized j and therefore, as loon 
 as ConneSlicut declined their Reqiieft, they openly appeared to be Advocates 
 for Leijler. At this Juncture the Long-IJland Reprefentation was drawn up, 
 which I have more than once had Occafion to mention. 
 
 The People of Albany^ in the mean time, were determined to hold the 
 Carrifon and City for King William^ independent of Leijler^ and on the 
 26th of 06lokTy which was before the Packet arrived from Lord Nottingham ^ 
 formed themfelves into a Convention for that Purpofe. As Leijler s Attempt, 
 to reduce this Country to his Command, was the original Caule of the 
 future Divifions in the Province, and in the End brought about his own 
 Ruin, it may not be improper to fee the Refolution of the Convention, a 
 Copy of which was fentdown to him at large. . . 
 
 Peter Schuyler, Mayor, ' Claes 
 BirkWcffcU, Recorder, ' '*-'^, Bavid 
 
 Jan WendaU ' '^''';' Alber 
 
 Jan Janjcn Blceker^ 
 
 Killian K Renjlaer, ]u(ike, :i,:i Jo/jn Cuylcr, 
 
 Capt. Marte Gerrifje, Juftice, 1 , ■ . Gerrit Ryerfe^ lu' 
 
 Cz^t. Gerrit TcuniJJ'e^ I'ih' :•:•:«. Evert Banker y x.'.s^ 
 
 Dirk Teunifi', Jultice, Rynicr Barcntfe. 
 Lieut. Robert Saunders^ 
 
 Ripje, \ 
 
 id Schuyler, ''f^';^':'\\; \ 
 
 rt Ryckman, '^^'^^/J' j 
 
 Aldermen, 
 
 -1 
 
 'ii. 
 
 ** Rcfolvcd, 
 
f( 
 
 «c 
 
 »( 
 
 62 THE HISTORY OF NEW-YORK. part ir 
 
 *' Refblved, fuice we are informed by Perfons coming from New-Tork, that 
 " Capt. yacolf LeiJJer is defigned to fejul up a Company of armed Men, upon 
 " Pretence to aflill: us in this Country, who intend to make themfelves 
 " Mafter of their Majefties F*ort and this City, and carry divers Perfons and 
 '* chief Officers of this City Prifoners to New-Tork, and ib difquiet and dif- 
 •* turb their Majefties Uege People, that a Letter be writ to Alderman Levinus 
 ^' Van Scbat'c, now at New-Tork, and Lieutenant Jochim Staets, to make 
 " naiTow Enquiry of the Bufinefs, and to fignify to the faid Leijler, that 
 *' we have received fuch Information ; and withal acquaint him, that not- 
 withftanding we have the Affiftance of ninety five Men from our Neigh- 
 bours o^ Neiv-England, who are now gone for, and one hundred Men upon 
 Occafion, to command, from the County of Vljler, which we think will 
 " be fufficient this Winter, yet we will willingly accept any fuch Affiftance 
 •' as they fliall 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 Ihall, from Time to Time, receive from the Con- 
 " vention ; and that by no means they will be admitted, to have the Com- 
 mand of their Majefties Fort or this City ; which we intend by God's Affift- 
 ance, to keep andpreferve for the Behoof of their Majefties ^////Ww and Af^ry, 
 King and Queen oi England, as we hitiierto have done fince their Proclama- 
 tion J and if you hear, that they perfcvere with fuch Intentions, fo to diflurb 
 " the Inhabitants of this County, that you then, in the Name and Behalf 
 " of the Convention and Inhabitants of the City and County of Albany, 
 ** proteft againft the faid Leijler, and all fuch Perfons that fliall make 
 " Attempt, for all Levies, Damages, Blood-ftied, or whatfoever Mifchiefs 
 " may enfue thereon ; which you are to communicate with all Speed, as 
 " you perceive their Defign." 
 
 Taking it for granted that Leijler at Nezv-Tork, and the Convention at 
 Albany, were equally affected to the Revolution, nothing could be more 
 cgregioufly fooliih, than the Condii6l of both Parties, who by their Intcftine 
 Divifions, threw the Province into Couviilfions, and fowed the Seeds of mu- 
 tual Hatred and Animofity, which for a long Time after, greatly embaiiafled 
 the publick Affairs of the Colony. When Albany declared for the Prince 
 of Orange, there was nothing cHe that LdJIer could properly require : and 
 rather than facrifice the publick Peace of the Province, to the trifling Ho- 
 nour of refifting a Man who had no evil Defigns, Albany ought in Prudence 
 to have delivered the Garrifon into his Hands, till the King's definitive Orders 
 fliould arrive. But while Leijler , on the one Hand, was inebriated with his 
 
 , - . . new- 
 
 tt 
 
 *i 
 
 «< 
 
PARTH. THE HISTORY O F N E W-Y O R K. 6^ 
 
 ncu -gotten Power, fo on tiie other, Bayard^ Courtland^ Schuyler, and others, 
 ci^iid not brook a Submilfion to the Authority of a Man, mean in his Abi- 
 lities, and inferior in his Degree. Animated by thefe Principles, both Par- 
 ties prepared, the one to reduce, if I may ufe the ExprefTion, the other to 
 retain, the Garrifon of Albany. Mr. Livingjlon^ a principal Agent for the 
 Convention, retired into ConneSlicutt to follicit tlie Aid of that Colony, for 
 the Protection of the Frontiers againft the French, Leijler fufpefting that 
 tliey were to be ufed againft him, endeavoured not only to prevent thefe 
 Supplies, but wrote Letters, to have Livingjion apprehended, as an Enemy 
 to the reigning Powers, and to procure Succours from Bojlon^ falfely repre- 
 fented the Convention, as in the Intereft of the French and King James. 
 
 "Jacob Milborne was commiflioned for the Reduction of Albany. Upon his 
 Arrival there, a great Number of the Inhabitants ai*med themfelves and repair- 
 ed to the Fort, then commanded by Mr. Schuyler ^ while many others follow- 
 ed the other Members of the Convention, to a Conference witli him at the 
 City-Hall. Milborne^ to profelyte the Crowd, declaimed much againft King 
 Jam's J Popery, and arbitraiy Power; but his Oratoiy was loft upon the 
 HearerSj who after leveral Meetings, ftill adhered to the Convention. Mil- 
 borne then advanced with a few Men up to the Fort, and Mr. Schuyler had 
 the utmoft Difficulty to prevent both his own Men> and the Mohawks who 
 were then in Albany^ and perfectly devoted to his SeiTice, from firing upon 
 Milborne'^ Party, which confifted of an inconfiderable Number. In thefe 
 Circumftances, he thought proper to retreat, and foon after departed from 
 Albany. In the Spring, he commanded another Paity upon the fame Errand, 
 and the Diftrefs of the Country on an Indian Irruption, gave him all the dc- 
 fued Succefs. No fooner was he pollefTed of the Garrifon, than moft of the 
 principal Members of the Convention abfconded. Upon which, their Ef- 
 fefts were arbitrarily feized and confifcated, which fo highly exafperated the 
 Sufferers, that their Pofterity, to this Day, cannot fpeak of thefe Troubles, 
 without the bittereft Invedlives againft Leijler and all his Adherents. 
 
 In the Midft of thofe inteftine Confulions at Neiv-Tork, the People of 
 New-England, were engaged in a War with the Oivenagungas, Ouragcs, and 
 Penocoks. Between thefe and the Schakook Indians, there was then a friendly 
 Communication, and the fame was fufpe6led of the Mohaixhs, among whom, 
 fome of the Oiccnagungaes had taken 'Saiidluary. This gave Rife to a Confer- 
 ence, between feveral CommifTioners from Bojlon, Plymouth, and Connccficuty 
 and the Fi've Nations, at Albany, in September 16S9, the former endeavour- 
 ing to engage the latter, againft thofe Eajiern Indians, who were tlien at 
 War with the New-England Colonics. Talaji/doris, a Mcbauk Sachem, in a 
 
 long 
 
64 THE HISTORY OF NEW-YORK, part n 
 
 long Oration, anfwered the EngUJIo Meflage, and however improbable it may 
 feem to Europeans^ repeated all that had been faid the preceding Day. Ti:; 
 Alt they have in aflifting their Memories is this. The Sachem who prejl * \_ 
 has a Bundle of Sticks prepared for the Purpofe, and at the Clofe of e\« ^/ 
 principal Article of the Mellage delivered to them, gives a Stick to another 
 Sachem charging him with the Remembrance of it. By this Means the Ora- 
 tor, after a previous Conference witli the Indians^ is prepared to repeat eve- 
 ry Part of the Meflage, and give it its proper Reply. This Cuftom is invari- 
 ably purfued in all their publick Treaties. 
 
 The Conference did not anfwer the Expectation of the People of Nciv-Eng*- 
 land, the Five Nations difcovering a great Difinclination to join in the Hof*- 
 tilities againft the Eajiern Indians^ To atone for which, they gave the high- 
 eft Proteftations of their Willingnefs to diftrefs the French, againft whom 
 the Englijh had declared War, on the 7th of May preceding. That Part 
 of the Speech ratifying their Friendfhip, with the Englijh Colonies, is fingu*. 
 larly exprefied. " We promile to prefei-ve the Chain inviolably, and wiftl 
 " that the Sun may always ftiine in Peace, over all our Heads that are 
 " comprehended in this Chain *. We give twa Belts. One for the Sun, 
 " 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 fai' as the utmoft of your Colonies, if the French ftiould come to ftiake 
 ** 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 i 
 '* PowQr to Ihake tliis Tree, which has been fo firmly, and long planted 
 ** with us." — ■'• '^ •''* ' "'"^ 'r^Vt'l vn f» > vt>"i:; ■,.» 1 ' h'^.^ 
 
 Nothing could have been more advantageous to thefe Colonics, and 
 efpecially to Ne^u;-2l3rk, than the late Succefs of the Five Nations againft 
 Canada. The Miferies to which the French were reduced, rendered us fecure 
 againft their Inroads, till the Work of the Revolution was in a great mea- 
 fure accompliflied j and to their diftrefled Condition, we muft principally 
 alcribe the Defeat of the French Defign, about this Time, to make a Con- 
 queft of the Province. De Calh'ers, who went to France in 1688, firft pro- 
 jected the Scheme -j- ; and the Troubles in England encouraged the French 
 
 Couit 
 
 «( 
 
 C( 
 
 * The Indians Conception of the League be- 
 tween them and us, is couched under tlie IJca 
 of a Chain extended from a Ship to a Tree, and 
 every Renewal of ihis League they call brighten- 
 ing ihc Chain. 
 
 t CLtilevoix has publiflied an Extracl of ihc 
 
 Memorial prcftntcd to tha. French King. The 
 Force drin.in td for tliis Enterprite, was to con- 
 iilt of 1300 Rerulars and 3OO CatiuJians. /fl- 
 biim was (iiid to be fortified only by an Incli.fure 
 of Storkadocs and a little Fort with four Baflions ; 
 and iliat it contained but 150 Soldiers and 3C0 
 
 Inhabitants. 
 
PART II. THE HISTORY OF NEW-YORK. 65 
 
 Court to make the Attempt. Caffiniere commanded the Ships, which failed 
 for that Purpofe from Rochefort-y fubjed, neveithelefs, to the Count De 
 FrcntenaCy who was General of the Land Forces, deftined to march from 
 Canada by the Rout of Sorel-River and the Lake Cbamplain. The Fleet and 
 Troops arrived at ChebuStat the Place of Rendezvous, in Septetnberi from- 
 whence the Count proceeded to Rebeck, leaving Orders with Caffiniere to 
 fail for NeW'Torky and continue in the Bay, in Sight of the City, but be- 
 yond the Fire of our Cannon, till the ift oi December : when, if he received 
 no Intelligence from him, he was ordered to return to France ^ after unlading 
 the Ammunition, Stores, and Provifions at Port-Royal *. The Count was in 
 high Spirits, and fully determined upon the Enterprife, till he arrived at 
 Rebeck \ where the News of the Succefs c^ the Five Nations againft Mcn^. 
 treal, the Lofs of his favourite Fort at Lake Ontario, and the advanced 
 Seafon of the Year, defeated his Aims, and broke up the Expedition. De 
 Nonviile who was recalled, carried the News of this Difappointment to the 
 Court of France^ leaving the chief Command of the Country in the Handy 
 of Count Frontenac. This Gentleman was a Man of Courage, and well 
 acquainted with the Affairs of that Country. He was then in the 68th 
 Year of his Age, and yet fo far from confulting his Eafe, that in a few Dayj 
 after he landed at ^becky he re-embarked in a Canoe for Montreal ^ where, 
 his Prefence was abfolutely neceflaiy, to animate the Inhabitants and regain 
 tlieir Indian Alliances. A War, between the Englijh and French Crowns, be- 
 ing broke out j the Count betook himfelf to eveiy Art, for concluding a» 
 Peace between Canada and the Five Nations j and for this Purpofe, the ut- 
 moft Civilities were (hewn to Taweraiet and the other Indians, who had been 
 fentto France by De Nonviile, and were now returned. Thi'ee of thofe Indians, 
 who doubtlefs were fti-uck with the Grandeur andGloi-y of the French Monarch; 
 were properly fent on the important Meflage of conciliating the Friendfliip of 
 the Five Nations. Thefe, agreeable ta our Alliance, fcnt tvw Sachems to 
 Albany, in Dece/nber, with Notice, that a Council for that Purpofe was ' to 
 be held at Onondaga. It is a juft Refle6tion upon the People of Albany, that 
 they regarded the Treaty fo flightly, as only to fend four hdiiins and the 
 Interpreter with Inftru(5tions, in theii* Name, to difluade the Confederates 
 from a Ceflation of Arms j while the French, on the other Hand, had then 
 a Jefuit among the Oneydoes. The Council began on the zid of 'Januan 
 
 Inhabitants. That Kew York the Capital of the Baftions, and about for himdteU Inliabitaius, dU • 
 Provijicc was open, bad a Stone Fort with four vidcd ioio eight Companies. 
 
 * Now Jnuapclist 
 
66 THE HISTORY OF NEW-YORK. partii. 
 
 1690, and confifted of eighty Sachems. Sadekanagbtiet an Omndaga Chief, 
 opened the Conference. The whole was managed with great Ait and For- 
 mality, and concluded in lliewing a DilpoTition to make Peace with tlie 
 French^ without perfe6ling it i guarding, at t hciame Time, againA giving, 
 the Icaft Umbrage to the £«§////». ? ^t- .tj:.^ ,. » .♦,. ;. ,". , ... .1 
 
 Among other Meafures to detach the Vive Nations from the BritiJJi Intereft, 
 and raife the deprelled Spirit of the Canadians^ the Count De Frontenac 
 thought proper to fend out feveral Parties againft the EngliJIi Colonies. 
 UAHlebout^ De Mantel^ and Le Aloyne, commanded tliat againlt New-Torky 
 confiding of about two hundred Freticl) and fome Cagbnuaga Indians^ who be- 
 i)ig Profelytes from the Mohivwksy were j^erfeftly acquainted with that Country. 
 Their Orders were, in general, to attack New-2ork -, but pur-fuing tlie Ad- 
 vice of the Indians^ they relblved, inftcad of Albany y to furprile ScbeneSlady^ 
 a Village feventeen Miles North- well from it, and about the lame Diflance 
 from the Mohawks. The People of Schemtlady^ tho' they had been informed 
 of the Defigns of tlie Enemy, were in the greatcft Security ; judging it im- 
 practicable, for any Men to maich feveral hundred Miles, in the Depth of 
 Winter, thro' tlie Snow, bearing their Provifions on theii* Backs. Lefides, 
 the Village was in as much Conf iilion as the reil of the Province i tlie Officers, 
 who were pofted there, being unable to prclerve a regulai" Watch, or any 
 kind of Nlilitary Order. Such was the State of ScbaieBadyy as reprefented 
 by Colonel Sibuykt\ who was at that Time Mayor of the City of Albany^ 
 and at the Hea<l of tlie Convention. A Copy of his Letter to the Neigh- 
 bouring Colonics, concerning this Defcent upon ScbeneSlady^ dated the 1 5th 
 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 Scbetieiladyy 
 on the 8th of February ; and were reduced to fucii Streights, that they had 
 Tlioughts of fiiirendering themfelves Prifoners of War. But their Scouts, who 
 were a Day or two in the Village entirely unfufpcdled, returned with fuch 
 cncour.iging Accounts of the abfolute fecurity of the People, that the Enemy 
 determined on the Attack. They entered, on Saturday Night about eleven 
 o'clock, at the Gates, which were found unfliut ; and, that every Houfe 
 might be inveiled at the lame Time, divided into fmall Parties of fix, or 
 feveii Men. The Inhabitants were in a profound Sleep, and unalarmed, 
 till their Doors were broke open. Never were J\"ople in a more wretched 
 Conrternation. Before they were rifen from their Beds, the Enemy entered 
 their Houfes ; and began the PcrfH-tration of the moft inhuman Barbarities. 
 No Tongue, fays Colonel Scbuy/fr, can exj)refs the Cruelties that were com- 
 
 mited. 
 
vcie com- 
 
 PARTii. tHE HISTORY OF NEW-YORK 67 
 
 mited. The whole Village ,■ \s inftantly in a Blaze. Women with Child 
 riped open, and their Infants caft into the Flames, or daihed againfl the 
 Ports of the Doors. Sixty Perfons perifhed in the Maflacre, and twenty 
 (even were carried into Captivity. The reft fled naked towards Alhan\\ 
 thro' a deep Snow which fell that very Night in a terrible Storm ; and twenty 
 five of thefe Fugitives, loft their Limbs in the Flight, thro' the Severity of 
 the Froft. The News of this dreadful Tragedy reached Albany^ about 
 Break of Day ; and univerfal Dread fcized tlie Inhabitants of that City, 
 the Enemy being reported to be one thouCand four humlicd ftroiig. A 
 Paity of Horfe was immediately difpatched to Sche}!cb1od)\ and a few Mo- 
 kiiivks then in Town, fearful of being intercepted, were with Difficulty fent 
 to appri^'i their own Caftles. 
 
 The Mohawks were unacquainted with this bl<»dy Scene, till two Days 
 after it haj)pencd; our Mcflengers being fcarce able to travc^ awo the great 
 Depth of the Snow. The Enemy, in the mean Time, pillaged tlie Town of 
 ScheneBady till Noon the next Day ; and then went off with their Plunder, 
 and about forty of their beft Hoifes. The reft, witli all the Cattle they 
 could find, lay ilaughtered in the Streets. Hi • . . . ..i. , '^ 
 
 The Defign of the French, in this Attack, was to alarm the Fears of our 
 Indian Allies, by ftiewing that we were incapable of defending them. Every 
 Art alio was ufed to conciliate their Friendfliip, for they not only fparcd 
 thofe Mohaich who were found in Schene£1adyy but fcveral other particular 
 Perlbns, in Compliment to the Indians, who requefted that Favour. Several 
 Women and Children were alfo releafed at the Defiie of Captain Gien, to 
 whom the French offered no Violence ; the Officer declaring he had l>ri6l 
 Orders againft it, on the Score of his Wife's Civilities to certain Fnmb Cnp- 
 tives in the Time of Colonel Dongan. -< . ..i 
 
 The Mcbaivks, confulering the cajoling Arts of the Frcncb, and that the 
 C(rg/jfiuft^(rf who were with then, were once a Part of their own IJody, be- 
 haved as well as could be reafonably cxpcdk'd. They joined a Party of young 
 Men from yllhiiny, fell upon the Rear of the ICneniy, ami cither killcil or 
 captivated five t'".d twenty. Several Sacliems, in the mean Time, came to 
 Alhar.y, and vety nPc^ingly addrcflld th.e Inhabitants, who were juit ready 
 to r'bandon the Country; urging their Stay, and exciting an I'nion of all 
 the ErrJ'jlj Colonies againft dniada. Tlieir Sentiments concerning the French,. 
 appear from the following Sj)eech of Condolance. '* Brethren, we do nc)t 
 " think, thit what the French have done can be culled a Victory : it is on- 
 " ly a farther Proof of their cruel Deceit : the Governor vi' Cantuh, lent to 
 
 K 2 Onondn^Hs 
 
*t 
 
 <( 
 
 (( 
 
 tt 
 
 m THE H 18 TORY OF NEW- YORK, part h. 
 
 Onondaga^ and talks to us of Peace writh oui; whole Houfe > but War was 
 in his Heart, as you now fee by woful Experience. He did the fame, 
 formerly, at Cadaracquiy and in the Seneca's Country. This is the third 
 Time he has a6led fo deceitfully. He has bi'oken 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 Cbevaiier 
 D'Eau and the reft of the French Mellengers, who came to conclude the 
 Peace propofed hy T'aiveraket, with tlie utraoft Indignity ; and afterwards 
 deliveied tliem up to the Englijh. Befides this, their Scouts haraifed 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 
 Command of Loun^igniy a Captain who was going to Mijfilimakinac^ to pre- 
 vent the Conclufion of tlie Peace, between the Utawav;as and ^atoghiesy 
 with the Five Nations. The Lofs in this Skirmifh was nearly equal on both 
 Sides. One of our Prilbners was delivered to the Utawaivas, who eat him. In 
 Revenge for this Barbaiity, the Indians attacked the Iflancl of Montreal at 
 Trembling Pointy and killed an Officer and twelve Men j while another Par- 
 ty carried off about fifteen Prifoners taken at Riviere Fuante, whom they 
 afterwards flew through Fear of tlieir Purfuers, and others burnt tlie French 
 Plantations at St. JEurs. But what rendered tliis Year moft remarkable, was 
 the Expedition of Sir William Flips againft Rebeck. He lailed up the River 
 with a Fleet of thirty two Sail and came before the City in O£lober. Had 
 he improved his Time and Stiength, the Conqueft would have been eafy j 
 but by fpending three Days in idle Confultations, the French Governour 
 brought in his Forces, and entertained fuch a mean Opinion of the Englijh 
 Kniglit, that he nor only defpilld his Summons to furrcndcr, but fent a 
 verbal Anfwer, in wliich he crHed King William an Ufurper, and poured the 
 utmoil Contempt upon his Subjects. The Mefllnger who carried the Sum- 
 mons infilled upon a writen Anfwer, and that within an Hour ; but the 
 Count Di' Fromauxc abfolutely refufed it, adding " I'll anfwer your Mafter by 
 " tlie Mouth of my Cannon, that he may learn that a Man of my Condi- 
 " tion is not to be funimoned in this Manner." Upon this. Sir William 
 made two Attempts to land below the Town, but was rcpulfed by the Ene- 
 my, with couliderable Lofs of Men, Cannon, and Baggage. Several of the 
 Ships nlfo cannonaded the City, but without any Succels. The Forts at the 
 fame returned the Fire, and obliged thcrn to retire in Dilbrder. The 
 French Writas, in theii* A'^^counts of this Kxpcdition, unlverfally cenfure 
 
 the 
 
PART II. THE HISTORY OF NEW-YORK. 69 
 
 the Condufl of Sir WiUiam^ though they confds the Valour of his Troops. 
 La Hontan, who was then at S^tjebecky fays, he could not have a£ted in a Man- 
 ner more agreeable, to the French, if he had been in their Intereft *. 
 
 * Dr. Coldtn fuppofes this Attack was made 
 upon ^tbetk in 1 691, but he is certainly mif- 
 taken : fee Life of Sir fyilUam Phipt publiflied at 
 London in 1697. Oidmixtn'a Brit. Empirt, and 
 Charltvoix. 
 
 Among the Caufes of the ill Succe(s of the 
 Fleet, the Authour of the U^t of Sir ff^illiam 
 Phipts mentions the Neglect of the conjoined 
 Troops of New-Y»rky Ctmu£licutt and the Indi- 
 tmst to attack Afttitrfol, atcording <:o the origi« 
 
 nal Plan of Operations. He tells us that thejr 
 marched to the Lake, but there found themfelves 
 unprovided with Battoet, and that the InSmt 
 were difluaded from the Attempt. By what Au- 
 thority thefe Aflertions may be fupportcd, I know 
 not. CbarUvtix fays our Army was dilappoint- 
 ed in the intended Diverfion, by the Small-Pox, 
 which feized the Camp, killed three Hundred 
 Men, and terrified oiur Imiitm Allies. 
 
 THE 
 
.* ju\.:j..d 'uuiU : tJj^xJ i>d .Jl: ,-k>Avv\ wfi5 «.; ilU.xyt^i. . unn vo 
 
 i' j" ,!i'ilv .'id . • '-» J' i '..')i ', (it -•'j*.-t *vTte. i" ' ' : ■ \» ijj.fii»/i tf-Jj ,u-i i 
 
 ■ t^i*?,v,. it 'ftit;--i^ ^aB«*i-^-t, j,*Jj»^ ,-:.ii 
 
 '...,■ ■!' 
 
 i » 
 
 rc 
 
HfH - .A .■■■ O i - if •' ' J '♦ r •' '.• i * ^ - • ■- •. t^ 
 
 THE 
 
 H I S -W O R ¥ 
 
 1. 1 
 
 .fu 
 
 
 NEW-YORK. 
 
 r.lfi 
 
 • II 
 
 « I 
 
 i; t 
 
 PART III. 
 
 iv'o/w tl)e Revolution to thefecond Expedition againfi Canada. 
 
 WHILE our Allies were faithfully exerting themfelves againft 
 the common Enemy, Colonel Henry Slougbtery who had a Commif- 
 fion to be Governoui' of this Province, dated the 4th of January 
 1689, arrived here, and publilhed it on tlie 19th of March 1691. Never 
 was a Govemour more neceflary tv) the Province, than at tliis critical Con- 
 junfture ; as well for reconciling a divided People, as for defending them 
 againft rhe 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, "fhe Council piefent at liis Arrival were 
 
 Jofepb D.dlty, 
 Frederuk Philipfey 
 StepW-n Van Court landy 
 
 Gabriel Mienviel/e, 
 Chudhy Brooky 
 Thomas Willet, 
 Wiliiam Pinborne. 
 
 If Lcipr had delivered the Garrilbn to Colonel S/ougbtcr, as he ought to 
 have done, upon his firft Landing, bcfides extinguifhing, in a great De- 
 gree, tlic Animofities tlien fublifting, lie would, doubtlcfs, have attrad:cd 
 
 f m ,. the 
 
7* THE HISTORY OF NEW-YORK, part in. 
 
 the favourable Notice, both of the Govemour and the Crown. But being a 
 weak Man, he was fo intoxicated with the Love of Power, that though he 
 had been well infoimed of Shugbters Appointment to the Government, he 
 not only fhut himfelf up in the Fort with Bayard and Nichols^ whom he 
 had, before that Time, imprifoned, but refufed to deliver them up, or to 
 furrender the Garrifon. From this Moment, he loft all Credit with the 
 GoACmour, who joined the other Party againft him. On the fecond De- 
 mand of the Fort, Milborne and Delanoy came out, under Pretence of con- 
 feriiig with his Excellency, but in reality to difcover his Defigns. Slaughter, 
 wlio confidered them as Rebels, tlu*ew them both into Goal. Leifert upon 
 thii' Event, thought proper to abandon the Foit, which Colond Sbughhr 
 Immediately entere'. Bayard and Nichols were now releafed from their Con- 
 finement, and iworn of the Privy Council. Lejllcr having thus ruined his 
 Caufe, was apprehended with many of his Adherents, and a CommifTion of 
 Oyre and Te; niitKi illiied to Sir 'Thontas Robinfon, Colonel Smith, and others, 
 for tlieir TriaV'>, 
 
 In vain did ' .ey plead the Merit of their Zeal for King JVihiafn, fmce 
 they h'ul il' iattK oppofed his Governour. Lcijler, in particular, cndeavou)-i 
 ed to J'il:ify his ' onduft, infifting that Lord Nottingham s Letter entitled him 
 to aft ;;i thv- (^uility of Lieutenant Governour. Whether it was thi'ougli 
 IgnoraL *? ci- ^^ .ophancy, I know not : but the .udgcs inftead of pronoun- 
 cing their own Sentiments upon this Part of t^e Prifoncrs Defence, refered 
 it to the Governour and Council, praying dicir Opinion, whether that Let- 
 ter " or any other Letters, or Papers, in the Packet from IVhite-Hall, 
 " can be undcrftood, ur interpreted, to l)e and contain, any Power, or Di- 
 ,' reel ion to Captain heijlcr, to take the (Government of this Province ujton 
 " himfelf, m' that the Admiiiiftration thereupon be holden goo<l in LaA\'." 
 The Anl\ter was, as might have bten expeftcd, in the Negative; and hcif.o- 
 AvA his buji were comlemncd lo Death for Iligh-Trcafon. Thtfc violer.i 
 Meallires drove many of the Inliahitants, wiio were fearful of being appre- 
 hended, into the neiglibou'ing Colonics, which Ihortly after oc^afioned the 
 paliinji an A»^ of geiien . Indemnity. 
 
 Fiojn the Surrender of the Province to the Year 16H3, the Inhabitant.'- 
 were ruled by the Di ike's Governours a ul t.i.u" Councils, v/ho, from Time 
 to Time, made Rules and Orders, which were ellcc ncd to be binding as 
 f.aws. Thcfe, about the Year 1674, wtre regularly tollcdcd iiudci alpha- 
 Ix-tual Titles; and a fair Copy of tlum lemains, amongft cm Records, to 
 this i^ay They are cummonly known bv Uie Name of 'The Duke^ Ln-n'. 
 
 The 
 
PART III. THE HISTORY OF NEW-YORK. 7j 
 
 The Tide Page of the Book, writen in the old Court Hand is in thefe hald 
 
 Words, . ' . • Mi'- -•■' ■ -J'Wi' ;». ;- 
 
 JUS 
 ) .,- '. } NOYiE EBORACENSIS; 
 
 VEL, 
 LEGES ILLUSTRISSIMO PRINCIPE JACOBI DUCE 
 EBORACI ET ALBANi£, etc. , ,^ 
 
 " " " INSTITUT.^ ET ORDINATE, 
 AD OBSERVANDUM IN TERRITORIIS AMERICA; 
 
 , TRANSCRIPTiE . , 
 . A N N O D O M I N 1 
 r',. •. ... .. . MDCLXXIV. - - . ■ 
 
 Thofe A6ts, whicli were made in 1683, and after the Duke's Acceflion 
 to the Tlu'one, when the People were admited to a Participation of the le- 
 giilative Power, are for the moll part roten, defaced, or loft. Few Minutes 
 relating to them remain on tlie Council Books, and none in the Journals of 
 the Houie. '■■ ""•'-ti'^! ''-i* >f • • < • .' ■! '» •'' ' ■ 
 
 As this Aflembly, in 1691, was the firft after the Revolution, it may not 
 be improper to cake fome particular Notice of its Tranfaftions *. 
 
 It began the 9th of j4pn/, according to the Writs of Sumnicns illUcd on 
 the 2oth of March preceding. The Journal of the Houfe opens with a Lill 
 of the Members rctmncd by the Sheriffs. 
 
 City and County of Ncw-Tork. 
 James Graham^ 
 IVilliam Merrctt^ 
 Jacobus Van Courtlandty 
 Johannes Kipp, 
 
 City and Cormty of Albany. 
 Derrick fVeJfels, 
 Levinus Van Scayck. 
 
 County of Richmond. 
 Elias Dukijimy, 
 John Dally. 
 
 County of IVejI-Chfpr, 
 John Pell. 
 
 County of Sufd^. 
 ILnry Pierjbn, 
 Matthetv HoivcJl, 
 
 • All Laws made here, antecedent to this dire»Sicd to begin at this Afilwbly. The Validity 
 Period, arc difregarded both by the Legiflaturc of the old Grants ot the Powers «>f Govcitiment, 
 4nd the Courts of Law. In the CollciSioii oF infeveral .-/wt r/Va.v Colgnics, 'a very much douht- 
 •our A£b publUhed in 1757., the Compilers were cd m this Pro\ii::c. 
 
 L Uljkr 
 
74 THE HISTORY OF NEW-YORK, part in. 
 
 Ul^er and Duf chefs County. ^ecns County. , .1 A^//;^'j County. 
 Henry Beckman^ y^hn Bounds Nicholas SttllwelL 
 
 Thomas Garton. Nathaniel Percall. John Poland, 
 
 The Members for ^een's County^ being Quakers, were afteiwards dif- 
 miflcd, for refuling the Oaths dhedled by the Governour's Commilfion, but 
 all the reft were qualified before two Commiffioners appointed for tliat Purpofc. 
 
 y^mesGraham was ele6led their Speaker, and approved by the Governour. 
 
 The Majority of the Members of this Alfembly weie again ft the Mea- 
 liires, which Leijler puifued in the latter Part of his Time, and hence we 
 find the Houfe, after confidering a Petition figned by fundry Perfons againft 
 Leijler, unanimoufly refolved, that his diflblving the late Convention, and 
 imprifoning feveral Perfons, was tumultuous, ilkgal, and againft their Ma- 
 jefties Riglit, and that the late Depredations on Schenectady ^ were to be at- 
 tributed to his Ufurpation of all Power. 
 
 They refolved, againft the late forcible Seizures made of Effects of the 
 People, and againft the levying of Money on their Majcfties Subjefts. And 
 as to Leijler s holding the Fort againft the Governour, it was voted to be an 
 A6lof Rebellion. •• >! .': ' ". . '(■■■■• - ^ ;».•'. :;.'ir s. 
 
 The Houfe having, by thefe agi'eeable Refolves, prepared the Way of 
 their Accefs to the Governour, addrefied him in thefe Words. • .. . 
 
 'M.' 
 
 fc 
 
 May it pleail* your Excellency, 
 
 •* We theii- Majcftics moft dutiful and loyal Subjedls, convened, by 
 ** their Majefties moft gracious Favour, in General Ali'embly, in this Pro*- 
 *' vince, do, in all moft humble Manner, heartily congratulate, your Ex- 
 •' cellency, that as, in our Heaits, we do ablior and detcft all the rebel- 
 " lious, arbitrary and illegal Proceedings of the late Ulurpers of their 
 " Majefties Authority, over this Province, lb we do, from the Bottom of our 
 " Hearts, with all Integrity, acknowledge and declare, that there are none, 
 " that can or ought to have, Right to rule and govern their Majefties Sub- 
 "• jccts here, but by their Majcftics Authority, which is now placed in your 
 " Ivxccllency ; and therefore we do folcmnly declare, that we will, witli our 
 " I^ivcs and Fortunes, fupport and maintain, the Adminiftration of your 
 " Excellency's Government, iitider their Majefties, againft all theii- Majefties 
 " Enemic6 whatfoevtr : and this wc humbly pray your Excellency to ac- 
 " cept, as the linccic Acknowletigement of all their Majefties good Sub- 
 "• je^s, witliiD this theii* Province j praying tor tlieir Majefties long and 
 
 happy 
 
 <( 
 
•ART III. 
 
 inty. 
 'llwell. 
 
 ^ards dif- 
 IFion, but 
 r Purpoll'. 
 I'ernour. 
 the Mea- 
 hcnce we 
 ns againft 
 tion, and 
 their Ma- 
 to be at- 
 
 3:s of the 
 ^s. And 
 I to be an 
 
 I Way of 
 
 vrcned, by 
 this Prc*- 
 your Ex- 
 the rebel- 
 of their 
 )m of our 
 :ire none, 
 lies Sub- 
 d in your 
 witli oin 
 of youi 
 MajelHcs 
 cy to ac- 
 ood Sub- 
 long and 
 happy 
 
 «c 
 
 •l 
 
 <c 
 
 PART III. THE HISTORY O F N E W-Y O R K. 75 
 
 happy Reign over us, and that your Excellency may long live and rule* 
 as according to their Majefties moft excellent Conftitution of Governing 
 their Subjefts by a general Aflembly." 
 
 Before tliis Houfe proceeded to pafs any AtSts, they unanimoufly refolved. 
 That all the Laws confented to by the general Aflembly, linder jcuncs 
 Duke of Tork, and die Liberties and Privileges therein contained, granted 
 to the People, and declared to be their Rights, not being oblerved, nor 
 " ratified and approved by his Royal Highnefs, nor the late King, are 
 " null and void, and of none Effcft j and alfo, the fcvcral Ordinances, 
 " made by the late Governors and Councils, being contrary to llic Con- 
 " ftitution of E/ig/amf, and the Praftice of the Government of their Ma- 
 " jefties othc" Plantations in Aimrica, are likewife null end void, and of 
 " no Effect, nor Force, within this Province." 
 
 Among the principal Laws ena(5^ed at this Seflion, wc may mention that 
 for eftablifliing the Revenue, which was drawn into Precedent. The Sums 
 raifed by it, were made payable into the Hands of the Receiver-General, and 
 iflUed by the Governour's Warrant. By this Means the Governour became, 
 for a Seafon, independent of the People, and hence we find frequent In- 
 ftances of the Alfemblies contending with him for the Difchaige of Debts 
 to private Perlbns, contracted on the Faith of the Government. 
 
 Antecedent to the Revolution, innumerable were the Controverfies re- 
 lating to publick Townlhips and private Rights j and hence, an A£l was 
 now palled, for the Confirmation of antient Patents and Grants, intended 
 to put an End to thofe Debates. A Law was alfo palled for the Eftablifli- 
 ment of Courts of Juftice, tlio' a perpetual A61 had been made to that Pur- 
 pofe in 1683, and the old Court of Aflize entirely dillblved in 1684. As 
 this enafted in 1691, was a temporary Law, it may hereafter be difputed, 
 as it has been already, whether the prefent Eftablifliment of our Courts, 
 for general JurifdiiStion, by an Ordinance, can confifl even with the pre- 
 ceding A6t, or the general Rules of Law. Upon the Erection of the fu- 
 preme Court, a Chief Juftice, and four Afllftant Judges, with an Attorney 
 General, were appomtcd. The Chief Juftice, Jojepb Dudley, had a Sakuy 
 of i^ol. per Annum: Jchnfon the fecond Judge 100/. and both were payable 
 out of the Revenue ; but William Smith, Stephen Van Courtlandt, and William 
 Pinhcrne, tlie other Judges, and NrMrtt the Attorney-General, liad nothing 
 allowed for their Services. 
 
 It has, moi-e than once, been a Subje£l of animated Debate, whether 
 ijie People, in this Colony, have a Right to be rcprexnted in Aiicmbiy, or 
 wlietlier it be a Privilege enjoyed, tluo' the Grace of the Crown. A me- 
 
 JL z jnorablfi 
 
76 THE HISTORY OF NEW-YORK, part in. 
 
 iTiorablc Act pafTecl this Seflion, virtually declared in favour of the forri'.er 
 Opinion, upon that, and fevcral other of the principal and dillinguilhing- 
 l/iberties of Euglijlmcn. It mult, ncverthelels, be confcfled, that King 
 fVilUam v,'as afterwards pleafcd to repeal that Law, in the Year 1697 *. 
 
 Ci>]fmel Slougker propoled, immediately after the Seflion, to fet out to< 
 Albany^ but as Lcifcrs Party were enraged at his Imprifonment, and the 
 late Sentence againft him, his Enemies were afraid new Troubles would 
 fpring up in tiie Abfcnce of the Govern nirj for tliis Reafon, both t\\*t Af- 
 icrnbly and Council advifed iJiat the Prilbners ftiould be immediately exe- 
 cuted. Slougbter, who had no hiclination to favour them in this Requeli. 
 chofe rather to delay kich a violent Step, being fearful of cuiing off two 
 ?vlcn, who had vigoroufly appeared for the King, and (b fignally, con- 
 tributed to the Revolution. Nothing could be more difagreeable to their 
 I'oneniics, v.hofe Intercft: was deeply concerned in their Dellrudtion. And 
 tiicrefore, vvhen no other IVlcafurcs could prevail with the Go' .rnour, 
 Tiudition informs us, that a fumptuous Feaft was prepared, to which 
 Colonel Sloicgkter was invited. When his Excellency's Realbn was di'owned. 
 in his Cups, the Entreaties of the Company prevailed witli him to fign the 
 Death Warrant, and before he recovered his Senfes, the Prifoners were exe- 
 cuted. Leijler^ Son afterwards carried home a Complaint to King William^ 
 againft the Governour. His Petition was refered, according to the com- 
 mon Courfe of Plantation Affairs, to the Lords CommiflTioners of Trade, 
 who, after hearing the whole Matter, reported on the i ith of March 1692, 
 *' That they were humbly of Opinion, that yacob Leijler and yacob MUborne- 
 " deceafed, were condemned and. had luffered according to Law." Their 
 Lorclihips, however, interceded for their Families, as fit Objects of Mercy, 
 and this induced Queen Mary^ who approved the Report, on the 17th of 
 " March ^ to ikclare, ** That upon die humble Application of the Rela- 
 
 -'ons of the faid ^acob Leijler and Jacob Mi/borne deceafed, her Majefty 
 U order the Eftatcs of Jacob Leijler and John Milbonie^ to be reftored 
 
 .^ dieir Families, as Obje\5ls of her Majefty's Mercy." The Bodies of 
 ihcfe unliap})y Suffere: s were afterwards taken up and intered, with great 
 Pomp, in tin; old Dutch Church, in the City of New-York. Their Eltates 
 were reftored to their Families, and Leijler % Children, in the public'' Efti^ 
 matron, are rather dignihed, than di{graced, . by thii Fall of their Anceftor. 
 
 * It was entitled, ** An Atfl ilcclnring what " ties Subjects inhabiting within their Province 
 ** ajc ''.ac Rights and Privi!;grs of thtir Majcf- *' of Kei^-TTorkJ' 
 
 ' Thefc 
 
/ / 
 
 PART III. THE HISTORY 0\' NEW-YORK 
 
 Thefe Diftraftions, in the Province, fo entirely engrofred thepublick Atten- 
 tion, that our In^iian Allies, who had been left Iblely to contoid with tlic 
 common Enemy, grew extremely difaffefted. The Mobaub, in particular, 
 highly refented this Condu6t, and, at the Inftance of the Cagbnuagaesy fcnt a 
 Melfenger to Canada, to confer with Count Frontenac about a Peace. To 
 ])fevent this. Colonel Slougbter had an Inteview at Albany , in June, with 
 the other four Nations, who expreffed their Joy at feeing a Governour again 
 in that Place. They told him, that their Anceftors, as they had been in- 
 formed, were greatly furprifed at the Arrival of the firft Ship in that Coun- 
 try, and were curious to know what was in its huge Belly. That they found 
 Cliriftians in it, and one Jacquea, with whom they made a Chain of Friend- 
 Ihip, which they had preferved to this Day. All the Indians^ except the 
 Mohaivksy alfured the Governour at this Meeting, of their Refolution to pro- 
 I'ecute the War. The Mobaivks confellcd their Negotiations with the Frrnd\ 
 that they had received a Belt from Canada, and lyed the Advice of the 
 Governour, and afterwards renewed their Leagi ith all our Colonies. 
 
 Slougbter foon after returned to New-lhrk, and ended a fhort, weak, and 
 turbulent Admkiiftration, for he died fuddenly on the 23d of July 1691. 
 Some were not without Sufpicions, that he came unfairly to his End, but 
 the Certificate of the Phyfician and Surgeons who opened his Body, by an 
 Order of Council, confuted thefe Conjeftures, and his Remains were intcr- 
 <^d in Sfuyvefant's Vault, next to thofe of the old Dutcb Governour. 
 
 At the Time of Slougbter s Deceafe, the Government devolved, according 
 to the late A61 for declaring the Rights of the People of this Province, on .the 
 Council, in which Jojeph Dudley had a Right to prefide; but they commit- 
 ted the chief Command to Richard higoljhy, a Captain of an iiuleptndent 
 Company, who was fworn into the Office of Prefident on the 26th of July 
 1698. Dudley, foon afterwards, returned to this Province, from Bojlou^ 
 but did not think proper to difpute Ingolfiy's Authority, tliougli the latter 
 had no Title, nor the greateft Abilities for Government, and was befidcs- 
 obnoxious to the Party who had joined Lcijler, having been an Agent in 
 the Meafures which accomplKhed his Ruin. To the late Troubles, which 
 were then recent, and the Agreement fubfifting between the Council and 
 Adembly we muft afcribe it, that the former tacitly acknowledged lngoljby% 
 Right to the Prefident's Chair ; for they conciucd with him, in palling le- 
 ventl Laws, in Avitumn and the Spring following, the Validity of which 
 bave never yet been difputed; , ... 
 
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7^ THE HISTORY OF NEW-YORK, part in. 
 
 This Summer Major Sebuy/er*y with a Party of MohawkSy pafTed through 
 the Lake Champlam, and made a bold Irruption upon the French Settlements, 
 at the north End of it. -f De Caliieres, the Governour of Montreal to oppofe 
 him, colkfted a fmall Army, of eight hundred Men, and encamped at La 
 Prairie. Schuyler had leveral Conflicts with the Enemy, and flew about tlwee 
 hundic'd of them, which exceeded in Number his whole Party. The French^ 
 afliamcd of their ill Succefs, attiibute 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 themfelves behind Trees, hiden from the Enemy. 
 Major Schuyler's Defign, in this Defcent, was to animate the Indians^ and 
 pieferve their Enmity with the French. They, accordingly, continued their 
 Hoflilities againft them, and, by frequent Jncurfions, kept the Countxy in 
 conftant Alarm. ' ..<^ v. , .. ^..«i% .^*. 
 
 In the Midft of thefe Diftrefles, the French Governour preferved his Spright- 
 linefs and Vigour, animating every Body about him. After he had ferved 
 himfelf of t!ie Utawawasy who came to trade at Montrealy he fent them home 
 under the Care of a Captain and one hundred and ten Men j and to fecure 
 their Attachment to the French Intereft, gave them two Indian Prifoners, 
 and, befides, fent veiy confiderable Prefents to the Weftern Indians^ in their 
 Alliance. The Captives were afterwards burnt. The Five Nationsy in tlie 
 mean Time, grew more and more incenfed, and continually harafled the 
 French Borders. Mr. Beaucoury a young Gentleman, in the following Win- 
 ter, marched a Body of about three hundred Men to attack them at the 
 Ifthmus,at Niagara. Incredible were the Fatigues they undei-went in this long 
 March ovei* the Snow, bearing their Provifions on their Backs. Eighty Men, 
 of the Five Nationsy oppofed the French Party and bravely maintained their 
 Ground, till mod of them were cut off. In Return for which, the Confede- 
 rates, in fmall Parties, obftru6led the Paffage of the French tlirough Lake 
 Ontarioy and the River ifTuing out of it, and cut off their Communication 
 with tlie Weftern Indians. An Indian called Black Kettlcy commanded in 
 thefe Incurfions of tlie Five NaiionSy and his Succefles, which continued the 
 
 • The Frtnchy from his great Influence at 
 Mbanyy and Adlivity among the Indiansy conclud- 
 ed that he was Governour of that City; and 
 hence, their Hiftorians honour Mm with that Ti- 
 tle, though he was then only Mayor of the 
 Corporation. " Pitre Schuyler (fays Charlivoix) 
 •* tttiHinfert honnitt Hommt." 
 
 f Dr. CoMcn relates it as a Tranfailion of the 
 Year 1691, which is tnir : but he fuppofcs it 
 was before Sir IVHiiam Phips's Attack upon 
 ^thecky and thus talis into an Anachronifm, of 
 a whole Year, as I have already obferved. 
 
 whole 
 
PARTiii. THE HISTORY OF I^EW^YORK. 79 
 
 whole Summer, fo exafperated the Count, that he ordered an Indian Prifbn- 
 er to be burnt alive. The Bravery of this Savage was as extraordinary, as 
 the Torments infli6led on him were cruel. He fung his militaiy Achieve- 
 ments without Interruption, even while his bloody Executioners praftiled all 
 pofllble Barbarities. They broiled his Feet, thruft his Fingers into red hot 
 Pipes, cut his Joints, and twifted the Sinews with Bars of Iron. After this 
 his Scalp was riped off, and hot Sand poured on the Wound. 
 
 In June 1692, Captain Ingoljby met the Five Nations at Albany ^ and en- 
 couraged them to perfevere in the War. The Indians declared their Enmity 
 to the French, in the ftrongeft Terms, and as heartily profefled their Friend- 
 fhip to us. " Brother Cor/f^r, faid the Sachem, We are all Subjefts of one 
 " great King and Queen, we have one Head, one Heart, one Intereft, and 
 *• are all engaged in the fame War." The Indians, at the fame Time, did 
 not forget, at this Interview, to condemn the Inactivity of the Englijh, tell- 
 ing them, that the DeftiuCtion of Canada would not make one Summer's 
 Work, againft their united Strength, if vigopoufly exerted. 
 Colonel Benjamin Fletcher arrived, with a Commifllon to be Governour, on 
 the 29th oi Augujiy 1692, which was publifhed the next Day, before the 
 following Members, in Council i ' ?'^^i Mv^nv;./i rrri -Mi r > /- 
 ^!';in i>?;no YvfiT zn ,-^ K'^\\x;i.i'yrjiT.i\\v r-Ai ^ax-iM Vtj'^* ;■ fr>r -. 1 . " : •* ; 
 
 Frederick Philipje^ Nicholas Bayard, Chudley Brooke, 'thomas Wtllef^ 
 
 Stephen Van Courtlandt, Gabriel Mienville, William Nicoll, Thomas ^ohnfton. 
 
 William Piiihorne, one of that Board, being a Non-Refident was refufed 
 the Oaths ; and yofeph Dudley, for the fame Reafbn, removed, both from 
 his Seat in Cmmcil, and his Office of Chief Juftice, Caleb Heathcote and 
 John Young fucceeded them in Council j and William Smith was feated, in 
 Dudltys Place, on the Bench, 
 
 Colonel Fletcher brought over with him a Prcfent to the Colony of Arms, 
 Ammunition, and warlike Stores j in Gratitude for which, he exhorted the 
 Council and AflTembly, who were fiting at his Arrival, to fend home an 
 Addrefs of Thanks to the King. It confifts, principally, of a Reprefenta- 
 tion of the great Expence the Province was continually at to defend the 
 Frontiers, and praying his Majefty's Direction, that the neighbouring Co- 
 lonics might be compelled to join their Aid, for the Support of Albany. 
 The following Paflage in it ihews the Scnfe of the Legiflaturc, upon a Mat- 
 ter wliich has fmce been very much debated. " When thcfc Countries were 
 
 " poflefled. 
 
So tHE HISTT/:OR(y OF NrEW-rYORK. part iii. 
 
 pofl'eflcd by th&DuUh Wfji^ndia Comp^ny^ they always had Pretences 
 (and had the moft Part of it within their atftyial Jurifdiftion) to ^11 that 
 Traft of Land (with, the Iflands adjacent) extending, from the Weft Side 
 of Connediicut River, to the Lands lying on the Weft Side oi De/aware 
 Bay, as a fuitable Portion of Land for one Colony or Government j all 
 which, including the Lands on the Weft oi Delaware Bay or River, were 
 in the Duke of Tbrk's Grant, from his Majefty King Charles the Second, 
 whofe Governoui's alfo poflefled thofe Lands on the Weft Side of Dela- 
 ware Bay or River. By feveral Grants, as well frpm the Crown, as from 
 the Duke, the iaid Province<has been fo diminidied, that it is now d&. 
 creafed to a very few Towns and Visages ;. the Number of Men fit to bear 
 Arms, in the whole Government, not amounting to 3000. who are all 
 reduced to great Poverty." '^ «* - '/ -t*^' », -f'< =*» 
 
 Fletcher was by Profeffion a Soldier, a Man of ftrong PafTions, and incon- 
 fiderable Talents, very active, andeqi:|dly avaricious. Nothing cwld be 
 more fortunate to him, than his early Acquaintance with Major Scbitflefy 
 at Albany y at tlie Treaty, for ConiiriJ^ation of the Indian Alliance, the Fall 
 after his Arrival. No IVIan, then in tUi? Province, underftood the State of 
 our Affairs with the Five Nations better 1;han M^pr, Sck^er. He had fo 
 great an Influence over them, that whatever ^ider *, as they called him, 
 recommended or difapproved, Had the Force of a Law. This Power over 
 them was fupported, as it had been obtained, by repeated Offices of Kind- 
 nefs } and his fmgular Bravery and Activity in the Defence of his Country. 
 Thefe. Qualifications jF^ered him fingularly fei*viceable and neceflary, both 
 to the Province and the Governour. For this Reafon, F/^/<:/j(?r took him in- 
 to his Confidence, and, on the 25th, of Oiiober^ raifed him to the Council 
 Board. Under the Tutelage of Major Sebuylery the Governour became daily 
 more and more acquainted with our Indian Affairs j his conftant Application 
 to which, procured and pre^ei'ved him a Reputation and Influence in tlic 
 Colony. Without this Knowledge, and which was all that he had to dif- 
 tinguifh himfelf, his inceffant Sollicitations for Money, his paffionate Tem- 
 per and bigoted Prhiciples, muft nec^flarily have rendered him obnoxious to 
 the People, and kindled a hot Fire of Contention in the Province. 
 
 The old French Governour, who found that all his Measures for accom- 
 plifhing a Peace with the Five NatienSt proved abortive, was now meditat- 
 ing a Blow on the Mohawks. He accordingly collected an Army of fix or 
 
 * Inftead ofPtttr which they could not pronounce. 
 
 fevcn 
 
PART III. THE HISTORY OF NEW-YORK. 
 
 8r 
 
 feven hundred French and Indians^ and fu[)plied them with every thing nc- 
 ceflary for a winter Campaign. They let out from Montreal on the i5tli 
 ci January y 1693 ; and after a March, attended witli incrtdible Hardlhips, 
 they pafTcd by Schcne£lady on the 6th of Fchnmry^ and, that Night, capti- 
 vated five Men, and fome Women and Children, at the firft Callic of the 
 Mobaivks, The fecond Caflle was taken with equal Eafe, the Indian hiha- 
 bltants being in perfect Security, and, for the moil part, at Schmcciady. At 
 the third, the Enemy found about forty Indians in a War Dance, designing 
 to go out, upon fome Entcrprife, the next Day. Upon their entering the 
 Caftle a Conflict enfued, in which the French loft about thirty Men. Three 
 hundred of our Indians were made Captives, in this Defcent ; and, but for 
 the Intercefiion of the Savages in the French Intereft, would all have been 
 put to the Sword *. v v • ,v.' 1, 
 
 The Indians were enraged, and with good Reafon, at tlie People o{ ScbeneSfa- 
 dj, who gave them no AlTiftance againft the Enemy, though they had No- 
 tice of their marching by that Village. But this was atoned for by tlie Suc- 
 cours from Albany. Colonel Hchuylery voluntarily, headed a Party of two 
 hundred Men, and went out againft the Enemy. On the 1 5th of February ^ 
 he was joined by near three hundred Indians ^ ill armed, and many of them 
 Boys. A pretended Deferter, who came to dilluade the Indians from the Pur- 
 fuit, informed him, the next Day, that the French had built a Fort, and 
 waited to fight him j upon which he fent tolngoljby tlie Commandant at Al- 
 bany ^ as well for a Reinforcement, as for a Supply of Provifions ; for tlie 
 greateft Part of his Me*i came out, with only a few Bilcuits in their Pock- 
 ets, and at the Time they fell in with the Enemy, on the 1 7th of the Month, 
 had been feveral Days without any kind of Food. Upon approaching die 
 French Army, fundry Skirmilhes enfued; the Enemy endeavouring to prevent 
 our Indians from felling Trees for their Prote6lion. Captain Syms, with 
 eighty Regulars of the independent Companies, and a Supply of Provifions, 
 arrived on the 1 9th, but the Enemy had marched off the Day before, in a 
 great fnow Storm. Our Party however purfued the.ii, and would have at- 
 tacked their Rear, if the Mobavjks had not been averfe to it. When the 
 French reached the North Brancli of Hudjons River, luckily a Cake of Ice, 
 fcrved 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 En- 
 
 * Dr. CoUvn and the Jefult Charlevoix arc and at other times the latter ; according as the 
 not perfe£lly agreed iti the Hiftory of this Irr.ip- Fads, more immediately, rtlated to tlie ConduA 
 tion. I have fyllowed, fomctim^'s the former, of their rel'pcdive Countrymen. 
 
 M gagement; 
 
Ife THE HISTORY OF NEW-YORK, part iii. 
 
 gagement j upon which Schuyler who had retaken about fifty Indian Captives, 
 defifted from the Purfuit on the 20th of February j four of his Men and as 
 many Indians being killed, and twelve wounded. Our Indians^ at this Time, 
 were fo diftrefled for Provifions, that they fed upon the dead Bodies of the 
 French j and the Enemy in their turn, were reduced before they got Home, 
 to eat up their Shoes. The French in this Enterprife loft eighty Men, and 
 had above thirty wounded. 
 
 Fletchers extraordinary Difpatch up to Albany, upon the firft News of this 
 Defcent, gained tlie Efteem both of the Publick and our Indian Allies. 
 
 The Exprefs reached New-Tork on the 1 2th of February , at ten o'Clock 
 in tlie Night, and in lefs than two Days, the Governour embarked with 
 three hundred Volunteers. The River, which was heretofore very uncom- 
 mon at that Seafon, was open *. Fletcher landed at Albany, and arrived at 
 Schenectady, the 17th of the Month, which is about one hundred and fixty 
 Miles from New-Tork -, but he was ftill too late to be of any other Ufe than 
 to ftrengdien the ancient Alliance. The Indians, in Commendation of his 
 Activity on the Occafion, gave him the Name of Cayenguirago, or, 7'he great 
 Swift Arrow. 
 
 Fletcher returned to New-Tork, and^ in March, met the Aflembly, who 
 were fo well pleafed with his late Vigilance, tliat, befides giving him the 
 Thanks of the Houfe, they railed 6000/. for a Year's Pay of thrce hundred 
 Volunteers, and their Ofiicers, for the Defence of the Frontiers. 
 
 As the greateft Pait of this Province confifted of Dutch Inhabitants, all 
 our Govemours, as weH in the Duke's Time, as after the Revolution, thought 
 it good Policy to encourage Englijh Preachers and Schoolmafters in the 
 Colony. No Man could be more bent upon fiich a Projc<5l than Fletcher, a 
 Bigot to the Epifcopal Form of Churcli Government. He, accordingly, 
 recommended this Matter to the Allembly, on his firft Arrival, as well as 
 at their prefent Meeting. The Houie, from their Attachment to the Dutch 
 Language, and the Model of the Church of Holland, fecured by one of the 
 Articles of Surrender, were entirely difinclined to the Scheme, which oc- 
 cafioned a warm Rebuke from the Governour, in his Speech at the Clofe of 
 the Seftion, in thcfe Words, " Gentlemen, the firft ihing that I did recom- 
 " mend 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 Climate of late Years is much altered, under the Command of General Sh.'n'ij, now 
 and this D;iy (Fehruary 14, 1756.) three huu- quartered .it Albany^ and laft Year, a Sloop wen: 
 died Recruits failed from New-York for the Army up the River a Month earlier. 
 
 ,. . I " the 
 
(( 
 
 C( 
 
 PART III. THE HISTORY OF NEW-YORK. 83 
 
 *' the Privileges of Englijlmen and Magna Cbarta, which is your Right j 
 " and the fame Law doth provide for the Religion of the Church of England, 
 « againft Sabbath breaking and all otlier Profanity. But as you have made 
 " it laft, and poftponed it this Seflion, I hope you will begin with it the 
 " next meeting, and do fomewhat toward it effefhially." 
 
 The News of the Arrival of the Recruits and Ammunition at Canadai 
 the late Lofs of the Mohawks^ and the unfulfilled Promifes of AlTiftance, 
 made from Time to Time, by the Englijh^ together with the incelTant Sol- 
 licitations of Milet, the Jefuit, all confpired to induce tlie Oneydoes to fuc 
 for a Peace with the French, To prevent fb important an Event, Fletcher met 
 the Five Nations ^\. Albany^ v^July 1693, with a confiderable Prefent of 
 Knives, Hatchets, Clothing, and Ammunition, which had been fent over, 
 by the Crown, for that Purpofe. The Indians confented to a Renewal of 
 the ancient League, and exprefled their Gratitude, for the King's Donation, 
 with fingular Force. " Brother Cayenguirago, 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 Bre- 
 thren." Colonel Fletcher prefled their delivering up to him Milet^ the old 
 Prieft, which they promifed, but never performed. On the contrary, he 
 had Influence enough to perfuade all, but the Mohawks^ to treat about tlie 
 Peace at Onondaga^ tho' the Governour exerted hunfelf to prevent it. 
 
 Soon after this Interview, Fletcher returned to New-Tork ; and, in Sep- 
 tember ^ met a new Aifembly, of which James Graham was chofen Speaker. 
 The Governour laboured, at this Seflion, to procure the Eftablifliment of a 
 Miniftiy throughout the Colony, a Revenue to his Majefty for Life, the re- 
 pairing the Fort in New-Tork, and the Ereftion of a Chapel. That Part of 
 his Speech, relating to the Minifl:iy, was in thefe Words : "I recommend- 
 " ed to the former Aflembly, the fetling of an able Minifl:ry, that the Woi- 
 " fliip of God may be obfei-ved among us, for I find tliat great and firft: 
 " Duty very much negle6led. Let us not forget that there is a God that made 
 " us, who will protc(^t us if we ferve him. This has been always the firft 
 " Thing I have recommended, yet the laft in your Confideration. I hope 
 " you are all fatisfied of the great Necefllty and Duty, that Ues upon you 
 " to do this, as you expe6l his Blefllng upon your Labours." The Zeal 
 with which this Affair was recommended, induced the Houfe, on the 1 2tli 
 of September^ to appoint a Committee of eight Members, to agree upon a 
 Scheme for fettling a Miniftiy, in each refpeftive Precinct, throughout the 
 
 M 2 Province. 
 
{< 
 
 c< 
 
 84 THEHISTORYOFNE W-Y O R K. part iif; 
 
 Province. This Committee made a Report the next Day, but it was re- 
 commited till the Afternoon, and then defered to the next Morning. 
 Several Debates arifmg about the Report, in the Houfe, it was again " re- 
 " commited for farther Confideration." On the 1 5th of September it was 
 approved, the Eftablifhment being then limited to feveral Pariflies in four 
 Counties, and a Bill ordered to be brought m accordingly? which the 
 Speaker (who on the i8th of September^ was appointed to draw all their 
 Bills) produced on the. 19th. It was read twice on the fame Day, and tlien 
 refered to a Committee of the whole Houfe. The third Reading was on the 
 2ift of September t when the Bill pafled, and was fent up to the Governour 
 and Council, who immediately returned it with an Amendment, to veft his 
 Excellency with an Epifcopal Power of Indufting 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 Goveniour to be ap- 
 " proved and collated." The Houfe declined their Confent to tlie 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 that 
 pious Intent of fettling a Miniftry, for the Benefit of the People." Fletcher 
 was fo exafperated with their Refufal, tkat he no fooner received the Anfwer 
 of the Houfe, than he convened them before him, and in an angry Speech 
 broke up the Seffion. I Ihall lay that part of it, relating to this Bill, 
 before the Reader, becaufeit is chara6teriftick of the Man. ixs^i 
 
 /i, "Gentlemen, 
 
 " There is alfo a Bill for fettling a Miniftry in this City, and fome other 
 '* Countries of the Government. In that very Thing you have fnewn a 
 *' great deal of StifFnefs. You take upon you, as if you were Di6lators. 
 ** I fent down to you an Amendment of three or four Words in that Bill, 
 *• which, tho* very immaterial, yet was pofitively denied. I muft tell you, 
 •* it feems very unmannerly. There never was an Amendment yet defired 
 by the Council Board, but what was rejected. It is tlie Sign of a ftubborn 
 ill Temper, and this have alfo pafled. ' ,,. . ,^1 , 
 
 " But, Gentlemen, I muft take leave to tell you, if you feem to under- 
 ftand by thefe Words, that none can ierve without your Collation or 
 Eftabliihment, you .are far miftaken. For I have the Power of col- 
 •* lating or fufpending any Minifter, in my Government, by their Majefties 
 " Letters Patent ; and whilft I ftay in the Government, I will take Care, 
 that neither Herefy, Sedition, Schifm, or Rebellion, be preached among 
 you, nor Vice and Profanity encouraged. It is my Endeavour, to lead 
 
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 FART III. THE HISTORY OF NEW-YORK S5 
 
 a virtuous and pious Life amongfl you, and to give a good Example ; 
 I wifli you all to do the fame. You ought to confider, that you have but 
 a third Share in the legiflative Power of the Government j and ought not 
 to take all upon you, nor be fo peremptory. You ought to let the Coun- 
 " cil have a Share. They are in the Nature of the Houfe of Lords, or 
 " upper Houfe j but you feera to take the v^'hole Power in your Hands, and 
 " fet up for every Thing. You have fct a long Time, to little Purpofe,, 
 and have been a great Charge to the Country. Ten Shillings a Day is 
 a large Allowance, and you punctually exa6l it. You have been always 
 forward enough to pull down the Fees of other Miniftcrs in the Govern- 
 " ment. Why did you not think it expedient to correal your own, to a. 
 " more moderate Allowance ?" 
 " Gentlemen, I Ihall fay no more, at prcfcnt, but that you do withdraw 
 to your private Aftairs in the Country. I do prorogue you to the tenth. 
 of Jafiuary next, and you are hereby prorogued to the tenth Day oi "January 
 next enfuing." 
 
 The Violence of this Man's Temper, is very evident in all his Speeches- 
 and Meflages to the Affembly j and it can only be attributed to the Ignorance 
 of the Times, that the Members of that Houfe, inftead of afferting their 
 Equality, peaceably put up with his Rudenefs. Certainly they deferved bet- 
 ter Ufage at his Hands. For the Revenue, eftablifhed the laft Year, was, 
 at this Selfion, continued five Years longer than was originally intended. 
 This was rendering the Governour 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 ifliiable 
 by the Governour's Warrant ; fo that every Officer in tiic Government, from 
 Mr. Blaithwait, who drew annually five per Cent, out of the Revenue, as 
 Auditor-General, down to the meaneft Servant of ''e Publick, became 
 dependent, folely, of the Governour. And hence wt find the Houfe, 
 at the Clofe of every Seflion, humbly addrefiing his Excellency, for the 
 trifling Wages of their own Clerk. Fletcher was, notwithftanding, fo much 
 difpleafed with them, that, foon after the Prorogation, he difiblved the 
 Affembly. * 
 
 The Members of tlie new i\frembly met according to the Writ of Sum- 
 mons, in March 1694, and chofe Colonel Peirfon, for their Speaker, Mr. 
 Graham being left out at the Eledlon for the City. The Shortnefs of this 
 Seffion, which continued only to the latter End of the Month, was owing 
 
 to. 
 
86 THE HISTORY OF NEW-YORK, part m, 
 
 to the difagreeable Bufinefs the Houfe began upon, of examining the State 
 of the publick Accounts, and in particular the Mufter Rolls of the Volun- 
 teers, in the Pay of the Province. They, however, refumed it again in 
 September y and formally entered their Diflatisfa6tion, with the Receiver-Ge- 
 neral's Accounts. The Goveniour, at the fame time, blew up the Coals of 
 Contention, by a Demand of additional Pay, for the King's Soldiers, then 
 juft arrived, and new Supplies for Detachments in Defence of the Frontiers. He 
 at laft prorogued them, after obtaining an A61 for fupporting one hundred 
 Men upon the Borders. The fame Difputes revived again in the Spring 1695 j 
 and proceeded to fuch Lengths, that the Allembly afked the Governour's 
 Leave to print their Minutes, that they might appeal to the Publick. It was 
 at this Seflion, on the 12th oi April 1695, that upon a Petition of live Church 
 Wardens and Vefliymen of the City of New-Tork^ the Houfe declared it to 
 be their Opinion, " That the Veflrymen and Church Wardens have Power 
 ** to call a di J renting Proteftant Minifter, and that he is to be paid and 
 " maintained as the A6t directs." The Intent of this Petition was to refute 
 an Opinion, which prevailed, that the late Miniftry A6t was made for the 
 Ible Benefit of Epifcopal Clergymen. 
 
 The quiet, undifturbed. State of the Frontiei's, while the French were en- 
 deavouring to make a Peace with the Five Nations^ and the Complaints of 
 many of the Volunteers, who had not received their Pay, very much condu- 
 ced to the Backwardnefs of the Allembly, in anfwering Fletchers peipetual 
 Demands of Money. But when the Lidians refufed to comply with the 
 Terms of Peace demanded by the French Governour, which were to fufFer 
 him to rebuild the Fort at Cadaraqui, and to include the Indian Allies, the 
 War broke out afrefh, and the Allembly v/ere obliged to augment both their 
 Detachments and Supplies. The Count Frontenac^ now leveled his Wrath, 
 principally, againft the Mohawks ^ who were more attached, than any other 
 of the Five Nations to our Interefl : but as his Intentions had taken Air, 
 he prudently changed his Meafures, and fent a Party of three hundred Men, 
 to the Ifthmus at Niagara, to furprile thofe of the Five Nations, that might 
 be hunting there. Among a few that were met with, fome were killed, and 
 others taken Prifoners, and afterwards burnt at Montreal. Our Indians imi- 
 tated the Count's Example, and burnt ten Dewagiinga Captives. 
 
 Colonel Fletcher and his Aflembly having come to an open Rupture, in 
 the Spring, he called another in '^iine, of which 'James Grauam was cholen 
 Speaker. The Count Frontenac was then repairing the old Fort at Cadaraqui, 
 and the Intelligence of this, and the King's Aflignment of die Quotas of the 
 
 feveral 
 
PARTiii. THE HISTORY OF NEW-YORK. ?/ 
 
 feveral Colonies, for an unite*^ Force * againft the French^ were the princi- 
 pal Matters which the Governour laid before the Aflembly. The Lift of 
 the Quotas was this. . ^ - 
 
 Pennfyhania^ 
 MaJJachuffets Bay, 
 Maryland, 
 Virginia, 
 
 /:s 
 
 o. 
 
 350- 
 1 60, 
 
 240. 
 
 Rhode IJIand and Providencfy 
 Plantation, ^ 48. 
 
 ConneSliciit, 120. 
 
 Neia-Tork, 200* 
 
 As a Number of Forces were now arrived, the AfTembly were in Hopes, 
 the Province would be relieved from raifmg any more Men for the Defence 
 of the Frontiers j and, to obtain tliis Favour of the Governour, ordered 
 £ 1000 to be levied, one Half to be prefented to him, and the reft he 
 had Leave to diftribute among the EnglijJi Officers and Soldiers. A Bill for 
 this Purpoie was drawn, but though his Excellency tlianked them for their 
 favourable Intention, he thought it not for his Honour to confent to it. After 
 palling leveral Laws, the Seffion broke up in perfect Harmony, the Gover- 
 nour in his great Grace, recommending it to the Houfe, to appoint a Com- 
 mittee to examine the publick Accounts againft the next Seflions. 
 
 In September, Fletcher went up to Albany, with very confiderable Prefents 
 to the Indians j whom he blamed for fuffering the French to rebuild the 
 Fort at Cadaraqui, or Frontenac, which commands the Entrance from Canada, 
 into the great Lake Ontario. ^ 
 
 While thefe Works were carrying on, the Dionandadies, who were then 
 poorly flipplied by the French, made Overtures of a Peace with the Five Na- 
 tions, 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 Sti'ength againft Canada. The French Command- 
 ant was fully fcnfible of tlie Importance of preventing this Alliance. The 
 Civilities of the Dionandadies to the Prifonen, by whom tlie Treaty to prc- 
 
 * As fuch an Union appeared to be neceflary 
 fo long ago, it is very furpi ifing that no efFetSlu- 
 al Scheme for that Purpofe has hitherto been 
 carried into full Execution. A Plan was con- 
 certed, in the great Congrefs confifting ol Com- 
 miffioners from feveral Colonies, met at Albany, 
 in 1754; but what Approbation it received at 
 home, has not hitherto been made publick. The 
 
 united Force, is founded in a total Ignorance of 
 the true State and Charaftcr of the Colonics,. 
 None of his Majefty's Subjecls are more loyal, 
 or more ftrongly attached to proteftant Princi- 
 pits ; an'J the rcmaikablc Attcftation, in the ele- 
 gant Adilrcfs of the Lords of tlic 1 3th of Novem- 
 ber 1755, in our Fiaour, " That we arc a great 
 " Body ot brave and faithful Subjects," is as juft- 
 
 Danger to Great Briiain, apprehended from our ly due to us, as it was jiubly faid by them. 
 
 vent 
 
C( 
 
 (C 
 
 t( 
 
 «8 THE HISTORY OF NE W-Y O R K. part iir. 
 
 Tcnt a Difcovery, was negolijttecl, gave the Officer the firll Sufpicion of it. 
 One- of thefc Wretches had the Unhappinels to fall into the Hands of the 
 French, who put him to the molt exqiiihte Torments, that all future Inter- 
 courfe with the Dionandadies might be cut off. Dr. Co/dcn, in juft P.efcnt- 
 ment for this inhuman Barbarity, has publilhed the whole Procefs from La 
 Pothcries Hiitory of North America, and it is this : 
 
 " The Prifoner being firil made fafi: to a Stake, fo as to have room to 
 " move round it j a Frenchman began tlie 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 Utawaiva, who being 
 defirous to outdo the French in their refined Cruelty, fplit a Furrow from 
 the Prifoner's Slioulder to his Garter, and filling it with Gun Powder, fet 
 fire to it. This gave him exquifite Pain, and raifed exceflive Laughter in 
 his Tormentors. When they found his Throat fo much parched, that he 
 ** was no longer able to gratify their Ears with his Howling, they gave him 
 ^'^ Water, to enable him to continue their Pleafure longer. But at laft his 
 " Strength failing, an Utawaiva fleaed off his Scalp, and threw burning 
 '* hot Coals on his Scull. Then they untied him, and bid him run for his 
 " Life. H€ began to iiin, tumbling like a drunken Man. They fliut up 
 the Way to the Eaft, and made him run Weilward, the Countiy, as 
 they think, of departed miferable Souls. He had ftill Force left to throw 
 Stones, till they put an End to his Mifery by knocking him on the Head. 
 After this every one cut a Slice from his Body, to conclude tlie Tragedy 
 " with a Feaft." 
 
 From the Time Colonel Fletcher received his Inftru6lion, refpe6ling 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 car- 
 ried his Complaints againft them home to his Majefty, but all his Applica- 
 tions were defeated by the Agents of thofe Colonies, who relided in Eng- 
 land. As foon therefore, as he had laid this Matter before the Aflcmbly, in 
 Autumn 1695, the Houfe appointed William Nicol, to go home in the 
 Quality of an Agent for this Province, for which they allowed him £ 1000. 
 But his Sollicitations proved unfuccefsful, and the In{tru(Sl:ion, relating to 
 thefe Quotas, which is ftill continued, remains unnoticed to this Day. 
 Fletcher maintained a good Correfpondence with the Aflembly, through the 
 reft of his Adminiftration j and nothing appears, upon their Journals, worth 
 the Reader's Attention, 
 
 ■■■.:■ ' , ^ The 
 
 <( 
 
 C( 
 
 cc 
 
 (C 
 
PART III. THE HISTORY OF NEW-YORK. 
 
 80 
 
 The French never had a Govemour, in Canada^ fo vigilant and aftive 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 Countiy of the Five 
 Nations with a great Army. For this Purpofe, in 1696, he convened at 
 Montreal^ all the Regulars, as well as MiUtia, under his Command j the 
 Owenagungas, ^atoghies of LorettOy Adirondacks, Solkakies., Nipiciriniens^ the 
 profelyted praying Indians of the Five Nations^ and a few Utawawas. Inftead 
 of Waggons and Horfes, which are ufelefs in fuch a Countiy, as he had to 
 maich through the Army was conveyed ; through Rivers and Lakes, in 
 light Barks, which are portable, whenever the Rapidity of the Stream and 
 the eroding an Ifthmus rendered it neceflary. The Count left La C/jine, 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 Caliieres, headed by a 
 Number of Indians, led the Van, with two fmall Pieces of Cannon, the Mor- 
 tars, Grenadoes, and Ammunition. After • them followed the Provifions : 
 then the main Body, with the Count's Houfliold, a confiderable Number of 
 Voluntiers, and the Engineer ; and four Battalions of the Militia command- 
 ed by Monfieur De Ramezai, Governour of Trois Rivieres. ' > < 'niz'i ;:r-* 
 
 Two Battalions of Regulars and a few Indians, under the Chevalier De 
 Vaudrueil, brought up the Rear. Before the Army went a Parcel of Scouts, 
 to defcry the Tra6ls and Ambufcades of the Enemy. After twelve Days 
 March, tliey arrived at Cadaracqui, about one hundred and eighty Miles from 
 Montreal, and then croffed tlie Lake to OJwego. Fifty Men marched on 
 each Side of the Onondaga River, which is narrow and raprd. When they 
 entered the little Lake *, the Army divided into two Parts, coafting along 
 the Edges, that the Enemy might be uncertain as to the Place of their 
 Landing, and where they did land, they eredted a Fort. The Omndagas had 
 fent away their Wives and Children, and were determined to defend their 
 Caftle, till they were informed by a Deferter of the fuperior Strength of the 
 French, and the Nature of Bombs, which were intended to be ufed againft 
 them, and then, after feting 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 j being himfelf carried in an elbow Chair, behind the Artil- 
 lery. With tliis mighty Apparatus he entered it, and the Deftruftion of a 
 little Indian Corn was the great Acquifition. A brave Sachem, then about 
 
 • The Onondaga Lake, noted for a good Salt ped the Government will never grant to any pri- 
 Pit at the fouth eaft End; which, as it may be very vate Company, 
 advantageous to the CJarrifon at C^ff a, it is ho- 
 
 N a 
 
 s^ 
 
c< 
 
 (C 
 
 90 THE HISTORY OF NE W-Y O R K. part hi. 
 
 a hundred Years old, was the only Perfon, who tarried in the Caftle to 
 falute the old General. The French Indians put him to Torment, which he 
 endured with aftonifliing Prefence of Mind. To one who ftabed him with 
 a Knife, " you had better, fays he, make me die by Fire, that thcfe French 
 
 Dogs may learn how to fufter like Men: you Indians^ their Allies, you 
 
 Dogs of l)ogs, think of me when you are in tlie like Condition *." This 
 Sachem was the only Man, of all the Onondagas^ that was killed ; and had 
 not thirty five Oneydoesy who waited to receive Vaudrueil at their Caftles, been 
 afteiwaids bafely carried into Captivity, the Count would have returned 
 without the leaft Mark of Triumph. As foon as he began his Retreat, the 
 Onondagas followed, and annoyed his Army by curing off feveral Batteaus. 
 
 This expenfive Enterprife, and the continual Incuiiions of the Fhe 
 Nations, on the Countiy near Montreal, agaiu fpread a Famine through all 
 Canada. The Count, however, kept up his Spirits to the laft; and fent out 
 fcalping Parties, who infefted Albany, as our Indians did Montreal, till the 
 Treaty of Peace figned at Ryjwick, in 1697. 
 
 Richard, Earl of Belhmont, was appointed to facceed Colonel Fletcher, in 
 the Year 1695, but did not receive his Commiflion till the i8th of June, 
 1697 ; and as he delayed his Voyage till after the Peace of Ryfioick, which 
 was figned the loth oi September following, he was blown oft' our Coaft to 
 Barbadoes, and did not arrive here before the 2d oi April, 1698. 
 i During the late War, the Seas were extremely infefted with Englifj Pi- 
 rates, fome of whom failed out of New-Tork -, and it was ftrongly fufpe^led 
 that they had received too much Countenance here, even from the Govem- 
 iuent, during Fletchers Adminiftration. His Lordftiip's Promotion to the 
 chief Command of the MuJfachuJJks Bay and Ne^v Hamppire, as well as this 
 Province, was owing partly to his Rank, but principally to the Affair of 
 tlie Pirates j and the Multiplicity of Bufinefs, to which the Cliarge of three 
 Colonies would neceffarily expofe him, induced the Earl to hiing over with 
 him John Nanfan, his Kinfman, in the Quality of our Lieutenant Gover- 
 nour -f-. When Lord Bellomont was appointed to the Gove 1 timent of thefc 
 Provinces, the King did him the Honour to fay " that he thought him a 
 
 Man of Rcfolution and Integrity, and with thefc Qurilities more likely 
 
 than any otlier he could think of, to put a ftop to the Growth of 
 
 Piracy." : . .r . 
 
 (( 
 
 iC 
 
 t< 
 
 . • " Never perhaps (fays Charlevoix) was a f His CommiiTion was dated the ift of July, 
 
 ♦« Man '"catcd with more Cruelty, nor did any 1697. "= ' • .' r .. .^v.- 
 
 •* ever bear it with fupciior M.igiiauimity and 
 ♦' Rdulm.oii." 
 
 Before 
 
PARtiri. THE HISTORY OF NEW-YORK. gt 
 
 Before the Earl fet out for America^ he became acquainted with ♦ Rsbert 
 Living^ofiy Efqj who was then in Englandy foliciting his own Affairs before 
 the Council and the Treafury. The Earl took Occafion, in one of his Con- 
 ferences with Mr. Livingflotiy to mention the Scandal the Province was un- 
 der on Account of the PirateS. The latter, who confeffed it was not with- 
 out Reafon, brought the Earl acquainted with one Kid^ whom he recom- 
 mended as a Man of Integrity and Com*age, 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 30 Guns and 150 Men. The 
 Earl laid the Propofal before the King, who confulted the Admiralty upon 
 that Subjeft j but this Projeft droped, thro* the Uncertainty of the Adven- 
 ture, and the French War, which gave full Employment to all the Ships in 
 the Navy. Mr. Livingjlon then propofed a private Adventure againft the 
 Pirates, offering to be concerned with Kid^ a fifth Part in the Ship and 
 Charges, and to be bound for Kids faithful Execution of the Commiflion. 
 The King then approved of tlie Defign, and referved a tenth Share, to fhew 
 that he was concerned in the Enterprife. Lord Chancellor Somers^ the Duke 
 of Shrewjburyy the Earls of Romney and Oxford^ Sir Edmond Harrifon and o- 
 thers, joined in the Scheme, agreeing to the Expence of 6000 /. But the 
 Management of the whole Affair was left to Lord Bellomonty who gave Or- 
 ders to Kid to piu"fue his Commiflion, which was in common Form. Kid 
 failed, from Plymouthy for New-Tork, m Aprils 1696 j and afterwards turn- 
 ed Pirate, burnt his Ship, and came to Bojioriy where the Earl apprehended 
 him. His Lordfhip wrote to the Secretary of State, defiring that Kid might 
 be fent for The Rochefter Man of War was difpatched upon this Service, 
 but being driven back, a general Sufpicion prevailed in England, that all 
 was CoUufion between theMiniftry and the Adventurers, who, it was tliought, 
 were unwilling Kid ihould be brought Home, left he might difcover that the 
 Chancellor, the Duke, and others, 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 
 
 * This Gentleman was a Son of Mr. Jthn 
 L'ivln«Jkn,, one of the CommiiTioners from AV»/- 
 /tfw^/toKing Charles U. wliiiC he was an Exile 
 at Breria, He was a Clergyman diflinguiHied 
 by his Zeal and Induftry ; and for his Oppofition 
 to Kpifcopacy, became (o obnoxious after the 
 Reftoration to the Engli^ Court, that he left 
 Siotland^ and took the paftoral Charge of an 
 
 £«f /^f^ Prelbyterian Church in Rolterdam. His 
 Defccndants arc very numerous in thiii Frovinec, 
 and the Family in the fiifl Rank for their 
 Wealth, Morals, and Education. The original 
 Diary, in the Hand-writin}» of their common 
 Anccftor, is ftill amongft thcin, and cuntiiiiis a 
 Hidory of his Life. 
 
 ' ■ ' ; " • 1 .', 
 
 N 2 . bt 
 
92 THE HISTORY OF NEW-YORK, part iir, 
 
 be turned out of their Employments, but it was rejedled by a great Ma- 
 jority. 
 
 The 'Tory Party, who excited thefe Clamours, though they loft their Mo- 
 tion in the Houfe, afterwards impeached feveral Whig Lords ; iand, among 
 other Articles, charged tliem with being concerned in Kid's Piracy. But 
 thefe Profecutions ferved only to brighten the Innocency of thofe, againft 
 whom they were brought j for the impeached Lords were honourably ac- 
 quited by their Peers. 
 
 Lord BdlQmont'% Commiffion was publilhed in Council, on the Day of 
 his Arrival ; Colonel Fletcher^ who ftill remained Governour under the Pro- 
 prietors of Pcnnfyhaniay and Lieutenant-Governour Nanfan^ being prefent. 
 The Members of the Council were, 
 
 Frederick Philipfcy » 
 Stephen Van Cortlandt, 
 Nicholas Bayard f . * 
 Gabriel MienvielUt. 
 
 William Smithy 
 William Nicoll,. ' 
 Thomas JVillefy 
 William Pinhorney 
 'John Lawrence. 
 
 \i. 
 
 ir; i\\:u: Frederick Philttie. » >'*' Wtlliam Smith. ■ • ^ t 
 
 " »>u yt ,.: 
 
 After the Earl had dKpatched Captain John Schuyler^ snd DelliuSy the 
 Dutch Minifter of Albany ^ 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 Eajl-India Company, relating to the 
 Pirates ; informing that Board, that he had an Affidavit, that Fletcher had 
 permited them to land their Spoils in this Province, and that Mr. Nicoll 
 bargained for their Protections, and received for his Services 800 Spanijlo 
 Dollars. Nicoll confefled the Receipt of the Money for Protections, but 
 faid it was in virtue of a late A61 of Ailembly, allowing Privateers on their 
 giving Security j but he denied the Receipt of any Money from known Pi- 
 rates. One Weaver was admited, at this Time, into the Council-Cham- 
 ber, and a6ted in the (Quality of King's Council, and in Anfwer to Mr. 
 Ni colly denied that there was any fuch A6t of Aflembly as he mentioned. 
 After coniidering the whole Matter, the Council advifed his Excellency to 
 fend Fletcher home, but to try Nicoll here, bccaufe his Eftate would not 
 bear the Expencc 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 neverthclefs certain, that the Pirates were fre- 
 quently in the Sound, and fupplicd with Provifions by the Inliabitants of 
 .; >v Long 
 
PART III. THE HISTORY OF NE1/1^-Y0RK. 93 
 
 Long IJlandy who, for many Years afterwards, were fo infatuated with 
 a Notion, that the Pirates buried great Quantities of Money along the 
 Coaft, that there is fcarce a Pomt of Land, or an Ifland, without the 
 Marks of their Auri facra Fames. Some credulous People have ruined 
 thenifelves by thefe Refearches, and propagated a thoufand idle Fables, ciu:- 
 rent to tliis Day, among our Country Farmers. ' '' -' ^ ■ i f ;> " ' • 
 
 As Fletcher^ thro' the whole of his Adminiftration, had been entirely 
 influenced by the Enemies of Leijler } nothing could be more agreeable to 
 the numerous Adherents of that unhappy Man, than the Earl's DifafFec • 
 tion to the late Governour. It was for this Reafon, they immediately de- 
 voted themfelves to his Loidfbip, as the Head of their Party. 
 
 The Majority of the Members of the Council were Fletchers Friends, 
 and there needed nothing more to render them obnoxious to his Lordfhip. 
 Leijler s Advocates, at the fame Time, mortally hated them j not only be- 
 caufe they had imbrued their Hands in the Blood of the principal Men of 
 their Party, but alio becaufe they had engrofled the fole Confidence of the 
 late Governour, and brought down his Relentment upon them. Hence, 
 at the Commencement of the Earl's Adminiftration, the Members of the 
 Council had every Thing to fear j while the Paity they had deprefied, be- 
 gan once again to eredt its Head under the Smiles of a Governour, who 
 was fond of their Aid, as they were felicitous to conciliate his Favour. 
 Had the Earl countenanced the Enemies, as well as the Fiiends of Leijler^ 
 which he might have done, his Adminiftration would doubtlefs have been 
 eafier to himfelf and advantageous to the Province. But his inflexible A- 
 verfion to Fletcher prevented his afting witli that Moderation, which was 
 neceflary to enable him to govern both Parties. The Fire of his Temper 
 appeared very early, on his fu^pending Mr. Nicoll from the Board of Coun- 
 cil, and obliging him to enter into a Recognizance in 2000 /. to anfvver for 
 his Conduft relating to the Prote6lions. But his Speech to the new Allcm- 
 bly, convened on the 1 8th of May, gave the fuUeft Evidence of his Ab- 
 horrence of the late Adminiftration. Philip French was chofen Sj^eaker, 
 and waited upon his Excellency with the Houfe, when his Lordfliip fpokc 
 to 1-hem in the following Manner : 
 
 " I cannot but obfcrvc to you, what a Legacy my PrcdeceflTor has left 
 " me, and what Diificultics to ftrnggle with j a divided People, an empty 
 Purfe, a few millrable, naked, h.ilf-ftarvcd Sold km s, not half the Num- 
 ber the King allowed Pay for : the Fortifications and even the Govern- 
 our 's Uoulc very much out of Repair, and in a Word the whole Go- 
 *i^.'i " " vcriiment 
 
 t( 
 
 (( 
 
 «{ 
 
£. 
 
 <c 
 
 cc 
 
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 <c 
 
 (( 
 
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 {( 
 
 94 THE HI.STORY OF NEW-YORK. partiii. 
 
 vernment out of Frame. It hath been reprefented to the Government 
 in Englandy that this Province has been a noted Receptack of Pirates, 
 " and the Trade of it under no Reftriftion but the A£ls of Trade viola- 
 ted by the Negleft and Connivance of thofe, whofe Duty it was to have 
 prevented it." •:.;,: ■■ ■.:. l'^\ v 
 
 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 DifHcuIties, in the Difcharge of his Majefly's Service, 
 than thofe tliat 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 j but exa6t Accounts fhall 
 " be given you, when, and as often, as you fhall require." 
 
 It was cuftomaiy with Fletcher^ to be prefent in the Field, to influence 
 Eleftions ; and as the AfTembly confifted, at tliis Time, of but nineteen 
 Members, they were too eafily influenced to ferve the private Ends of a 
 Fadlion. For that Reafon, his Lordfhip was warm in a Scheme of in- 
 creafmg their Number, at prefent, to thirty, and fb, in Proportion, as the 
 Colony became more populous j and hence we find the following Claufe hi 
 his Speech. " You cannot but know, what Abufes have been fonnerly in 
 " Eleftions of Members, to ferve in the general AfTembly, which tends to 
 the Subverfion of your Liberties. I do therefore recommend the making 
 of a Law to provide againft it." 
 The Houfe, tho' unanimous in a hearty Addrefs of Thanks to the Go- 
 vernour for his Speech, could fcarce agree upon any Thing elfe. It was 
 not till the Begining of 'JunCy before tliey had finifhed the Controverfies 
 relating to the late turbulent Eleftions j and even then fix Members fcceded 
 from the Houfe, which obliged his Excellency to diflblve the Affembly on 
 the 14th of 'JunCy 1698. About the fame Time, the Governour difnufied 
 two of the Council j Pinhorney for difrefpedful Words of the King, and 
 Brooky the Receiver-General, who was alfo turned out of that Office, as 
 well as removed from his Place on the Bench. 
 
 In July^ the Difputes witli the Frenchy concerning the Exchanging of 
 Prifoners, obliged his Excellency to go up to Albany. When the Earl fent 
 the Account of the Conclufion of tiie Peace to the Governour of Canaday 
 all the French Prifoners, in our Cuftody, were reflored, and as to thofe a- 
 mong the Indiamy he promifed to order them to be fafely efcorted to Mon- 
 treal, Plis Lordfhip then added, " I doubt not, Sir, that you, on your 
 I "Part, 
 
 cc 
 
 cc 
 
PART in. THE HISTORY OP NEW-YORK. gs 
 
 « Part, will alfo iffue an Order to relieve the SuijeSls of the Kingy capti- 
 " vated during the War, whether Chriftians or Indians." 
 
 The Count, fearful of being drawn into an implicit Acknowledgement, 
 that the Five Nations were fubjeft to the EngUJh Crown, demanded the 
 French Prifoners, among the IndianSy to \t brought to Montreal j threat- 
 ening, at the fame Time, to continue the War againft the Confederates, 
 if they did not comply with his Requeft. After the Earl's Interview with 
 them, he wrote a fecond Letter * to the Count, informing him that they 
 had importunately beged to continue under the ProteSfion of the Englifh 
 Crowny profejjing an inviolable SubjeStion and Fidelity to his Majejly ; and that 
 the Five Nations were always confidered as Subjects, which, fays his Lord- 
 fhip, " can be manifefted to all the World by authentick and folid Proofs." 
 His Lordfliip added, that he would not fuffer tliem to be infulted, and 
 threatens to execute the Laws of England upon the Miflionaries, if they 
 continued any longer in the Five Cantons. A refolute Spirit runs through 
 the whole Letter, which concludes in thefe Words : " if it is neceflary, I 
 " will arm every Man in the Provuices, under my Government, to oppofe 
 " you } and redrefs the Injury that you may perpetrate againft our Indi- 
 " a)is" The Count, in his Anfwer, propofed to refer the Difpute to the 
 CommifTaries, to be appointed according to the Treaty of Ryfwick -f ; but 
 the Earl continued the Claim, infifling that the French Prifoners fhould be 
 delivered up at jUbany. 
 
 The French Count dying while this Matter was controverted, Monfieur 
 De Callieresy his Succeflbr, fent Ambaffadours, the next Year, to Onornkgay 
 there to regulate the Exchange of Prifoners, which was accomplillied 
 without the Earl's Confentj and thus the important Point, in Difpute, re- 
 mained unfcttled. The Jefuit Bruyasy who was upon tl is Enibalfage, 
 offered to Yivt at Onondaga ; but the Indians refufed his lie't, ra}ing that 
 Corlear, or the Govemour of New-Torky had aheady oftercd thtm Mini- 
 fters for their InftruClion. 
 
 Great Alterations were made in Council, at his Excellency's Return 
 from Albany. Bayardy Meinvielle, fFillet, T'ou^iley, and Latcrcncey were all 
 
 * Charlevoix lias publiftied both thcfe Letters, 
 at large, together with Count Frontenach Ati- 
 fwer. I have had no Opportunity of enquiring 
 into the Jcfuit's Integrity, in th<.re Tranfcripts, 
 being uiiublc to fiiKl his Lordlhip's Letters in 
 the Secretary's Office. • 
 
 t The Count mifuni'trflnod the Treaty. No 
 Provifion was m;ule by it for Commiiiiirics to 
 fettle the Limits between the Englljh and French 
 Poflbffions, but only to txamine and dcti-rniinc 
 the controverted Rights and Prctcnfions to Hud' 
 Jon's liny, • 
 
 fulpcndcd 
 
96 THE HISTORY OF NEW-YORK, part m. 
 
 fufpended on tlie 28th of September j and Colonel Abraham Depeyjier^ Robert 
 Livingjlon^ and Samuel StaatSy called to that Board. The next Day, Fre- 
 derick Philipfe refigned his Seat, and Robert JValters was fworn in his Stead. 
 
 The new Aflembly, of which James Graham was chofen Speaker, met 
 in the Spring. His Excellency j^ke to them on the 21ft of Marcb^ 
 1699. ' . . ' 
 
 . As the late Aflembly was principally compofed of Anti-LeiJJerianSy fo this 
 confifted, almofl entirely, of the oppofite Paiiy. The Ele6tions were at- 
 tended with great Outrage and Tumult, and many 'Applications made, 
 relating to the Returns j but as Abraham Governeury who had been Secre- 
 tary to LeiJIer, got returned for Orange County, and was veiy a6tive in the 
 Houfe *, all the Petitions were rejected without Ceremony. 
 
 Among the principal A£ls, pafled at this Seflion, there was one for in- 
 demnifying thofe who were excepted out of the general Pardon in 1691 j 
 another againft Pirates i one for the Settlement of Mi/borne s Eflate j and 
 another to raife fifteen hundred Pounds, as a Prefent to his Lordfliip, and 
 five hundred Pounds for the Lieutenant-Governour, his Kinfman. Befides 
 which, the Revenue was continued for fix Years longer. A necelfary Law 
 was alfo made for the Regulation of Ele6lions, containing the Subftance of 
 the Englifj Statutes of 8 Hen, VI. Chap. VII. and the 7 and 8 fFilL III. 
 
 This Aflembly took, alfo, into Confideration fundry extravagant Grants 
 of Land, which Colonel Fletcher had made to feveral of his Favourites. 
 Among thefe, two Grants to Delltus, the Dutch Minifter, and one to Ni- 
 cholas Bayardy were the moil confiderable. Dellius was one of the Com- 
 miflioners for Indian Affairs, and had fraudulently obtained the Indian 
 Deeds, according to wliich the Patents had been granted. One of the 
 Grants included all the Lands within twelve Miles on the Eaft Side of Hud- 
 fon's River, and extended twenty Miles in Length, from the North Bounds 
 of Saraghtoga. The fecond Patent, which was granted to him in Company 
 with Pinhorne, Banckery and others, contained all the Lands, within two 
 Miles on each Side of the Mohawks River, and along its Banks to tlie Ex- 
 tent of fifty Miles. Bayard's Grant was alfo for Lands in that Countiy, 
 and very extravagant. Lord Bellomont, who juftly thought thele great 
 Patents, with the trifling annual Refei-vation of a few Skins, would impede 
 the Settlement of the Country, as well as alienate the Aflfeftions of our 
 Indian Allies, wifely procured recommendatory Inft:ru6lions from the Lords 
 
 # Mr. Governeur married Milborni% Wido^. 
 
 Juftices, 
 
PART III. THE HISTORY OF NEW-YORK. $7 
 
 Juftices, for vacating thofe Patents, which was now regularly accompliflied 
 by a Law, and Dellius thereby fufpended from his miniilerial Funftion. 
 
 The Earl having thus carried all his Points at Neiv-Tork^ fet out for 
 Bojion in y««^, where, after he had fettled his Salary, and apprehended 
 the Pirate Kidd^ he returned here again in the Fall. 
 
 The Revenue being fettled for fix Years, his Lordlhip had no Occafion 
 to meet the Aflembly till the Summer 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 voluntarily into the Province, which was occa- 
 fioned by the great Number of French Jefuits, who were continually prac- 
 tifmg upon our Indians. By another, Provifion was made for erefting a 
 Fort in the Country of the Onondagasy but as tliis was repealed a few 
 Months after the King's providing for that Purpofe, fo the former conti- 
 nues, as it for ever ought, in ftill 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 doubtleis 
 have been of confiderable Service to the Colony ; but he died here on the 
 5th of March in 1701, when he was but juft become acquainted with the 
 Colony. 
 
 The Earl of Bellomont's Deatli was the Source of new Troubles, for 
 Nanfan^ the Lieutenant-Governour, being then abfent in Barbadoesy high 
 Dilputes arofe among the Counfellors, concerning the Exercife of the 
 Powers of Government. Abraham de Peyfter^ Samuel StaatSy Robert fVai- 
 tersy and Thomas JVeavery who fided with the Party that adhered to LeiJIery 
 infifted that the Government was devolved upon the Council, who had a 
 Right to a6l by a Majority of Voices j but Colonel Smith contended that 
 all the Powers of the late Govemour were devolved upon him, as Prefi- 
 dent, he being the eldeft Member of that Board. Colonel Schuyler and 
 Rcbi:rt Livingjiony who did not arrive in Town till the 21ft of Marchy join- 
 ed Mr. Smithy and refiifed to appear at tlie Council-Board, till near the 
 Middle of jipril. The Aflembly, whidi was Convened on the 2d of that 
 Month, were in equal Perplexity, for they adjourned from Day to Day, 
 waiting the Iflue of this Ruptuie. Both Parties continuing inflexible, 
 thofe Members, who oppofed Colonel Smithy fent down to the Houfe a Re- 
 prefentation of the Controverfy, afllgning a Number of Reafons for the 
 fiting of the Aflembly, which the Houfe took into their Confideration, and 
 on the 16th oi April tipfolved, that the Execution of th^arl's Commiflion 
 and Inihu6Uons, iii the Abfence of the Lieutenant-Governour, was the 
 
 . , ' O Riglit 
 
 ■";s* 
 
93 THE HISTORY OF N E W-Y O R It. part iir. 
 
 Right of the Council by Majority of Voices, and not of any finglc Mem- 
 ber of that Board ; and this was afterwards the Opinion of the Lords of 
 I'rade. The Difputes, neverthelefs, continuing in the Council ftrenuoufly 
 fupported by Mr. Livingjiony the Houfe, on the 19th oi Aprils thought 
 proper to adjourn themfelves to the firft 'Tuefday in June. > • 
 
 In this Interval, on the 1 9th of May, John Nanfany the Lieutenant-Go- 
 vernour , arrived, and fettled the Controverfy, by taking upon himfelf the 
 fupreme Command. 
 
 Upon Mr. Nanfans Arrival, we had the agreeable News, that the King 
 had given two Thoufand Pounds Sterling, for the Defence of Albany and 
 ScbeneSfadyy as well as five hundred Pounds more for erefting a Fort in 
 the Country of the Onondagas. And not long after, an Ordmance was 
 iflued, agreeable to the fpecial Direction of the Lords of Trade, for ereft- 
 ing a Court of Chancery, to fit the firft 'thurfday in every Month. By this 
 Oixiinance the Powers (rf the Chancellor were vefted in the Governour and 
 Council, or any two of that Board : Commifllons were alfo granted, ap- 
 pointing Matters, Clerks, and a Regifter : fo that this Court was com- 
 pleatly organized on the 2d of September 170 1. 
 
 Atwoody who was then Chief Juftice of the fupreme Coiut, was now 
 fwom of the Council. Abraham de Peyfier and Robert Walters were his 
 Afiiftants on the Bench j and the former was alfo made Deputy Auditor- 
 General, under Mr. Blaitlnvait. Sampfon Shelton Broughton was the Attor- 
 ney-General, and came into tliat Office when Atwood todk his Scat on the 
 Bench, before the Deceafe of Lord Bellomont. Both thcfe had their Com- 
 mifllons firom England. The Lieutenant-Governour, and the major Part 
 of the Board of Council, together with the feveral Officers above named, 
 being ftrongly in the Intereft of the Leijkrian Party, it was not a little fur- 
 prifing, that Mr. Nanfan diflblved the late Aflembly on the i ft of June 
 laft. 
 
 Great were the Struggles at the enfuing Elcflions, which however gene- 
 rally prevailed in Favour of thofe, who joined Leijler at the Revolution j 
 and hence, when the new Aflembly met on the 19th o( Auguji 1701, A- 
 braham Govemeur was elected for their Speaker. Dutchefs was thought 
 heretofore incapable of bearing the Charge of a Repre&ntation i but the 
 People of that County, now animated by the Heat of the Times, fent 
 Jacob Rutfin and Adrian Garret/en to reprefent diem in Aflembly. 
 
 Mr. Nanfany indiis Speech to the Houfe, informs them of the memorable 
 Grant made to the Crown, on the 19th of Juty^ by the Fhe Nations, of a 
 
 vaft 
 
PART in. THE HISTORY OF NEW-YORK. 99 
 
 vaft Traft of Laiid, to prevent the Neceffity of their fubmiting to the 
 French \\ Cafe of a War j that his Majefty had given out of his P2xchc- 
 quer two Thoufand five hundred Pounds Sterling for Forts, and eight hun- 
 dred Pounds to be laid out in Prefents to the Indians j and that he had alio 
 fettled a Salaiy of three hundred Pounds on a Chief Juftice, and one hun- 
 dred and fifty Pounds on the Attorney-General, who were both now ar- 
 rived here. 
 
 The Fire of Contention, which had lately appeared in the tumultuous 
 Elections, blazed out afrefh in the Houfe. NicolU the late Counfellor, got 
 himfelf ele6led for Sufolk, and was in Hopes of being feated in tlie Chair ; 
 but Abraham Governeur was chofen Speaker. Several Members contended, 
 that he, being an Alien, was unqualified for that Station. To tliis it 
 was anfwered, that he was in the Province in the Yeai* 1683, at the Time 
 of paiTing an A6t to naturalize all the free Inhabitants, profeiTing the 
 Chriftian Religion j and that for this Reafon, the fame Objeftion againft 
 him had been over-ruled at the laft Aflembly. In Return for this Attack, 
 Governeur difputed NtcolFs Right of fiting as a Member of that Houfe. 
 And fucceeded in a Refolve, that he and Mr. JVeJels^ who had been return- 
 ed ior Albany ^ were both unqualified accordmg to the late A61, tliey being 
 neither of them Refidents in the refpeftive Counties for which they were 
 chofen. This occafioned an impmdent Seceflionof feven Members, who 
 liad joined the Intereft of Mr. Nicoll j which gave their Adverfaries an Op- 
 portunity to expell them, and introduce others in their Stead. 
 
 Among the firft Oppofers of Captain Leijler, none was more confider- 
 able than Mr. Livingfton. The Meafures of the Convention at Albany 
 were very much direfted by his Advice ; and he was peculiarly obnoxious 
 to his Adverfaries, becaufe he was a Man of Senfe and Refolution, two 
 Qualifications rarely to be found united in one Peifon at that Day. Mr. 
 Living/ions Intimacy with the late Earl, had, till this Time, been his De- 
 fence, againft the Rage of the Party which he had formerly oppofed j but 
 as that Lord was now dead, and Mr. Lhingjlons Conduft in Council, in 
 Favour of Colonel Smithy had given frefti Provocation to his Enemies, they 
 were fully bent upon his Deftrudtion. It was in Execution of this Scheme, 
 that as foon as the difputed Elections were over, the Houfe proceeded to 
 examine the State of the publick Accounts, which they partly began at the 
 late Aflembly. 
 
 The Pretence was, that he refufed to account for the publick Monies he 
 had formerly received out of the Excife j upon whicl^ a Committee of botli 
 
 O 2 Houfes 
 
loo THE HISTORY OF NEW-YORK, part iii. 
 
 Houfes advifed the paffing a Bill to confifcate his Eftatrc, unlefs he agreed 
 to account by a certain Day. But inftead of this, an Aft was afterwards 
 paflcd to oblige him to account for a Sum amounting to near eighteen 
 Thoufand Pounds. While this Matter was tranfa6ting, a new Complaint 
 was forged, and he was fummoned before another Committee of both 
 IJoufes, relating to his procuring the Fhe Nations to fignify their Defire 
 that he iliould be fent Home to foUicit tlieir Affairs. The Criminality of 
 this Charge can be feen only through tlie partial Opticks, with which his 
 Enemies then fcaned his Behaviour. Befides, there was no Evidence to 
 ^lipport it, and therefore the Committee required him to purge himfelf by 
 his own Oath. Mr. Lhtngjlen^ who was better acquainted with EngliJJj 
 Law and Liberty, than to countenance a Praftice fo odious^ rejefted the 
 infolent Demand with Difdain j upon which, the Houfe, by Advice of the 
 Committee, addrefled the Lieutenant-Govemour, to pray his Majefly to 
 remove him from his Office of Secretary of Indian Affairs, and that the 
 Govemour, in the mean Time, would fufpend him from the Exercife of 
 his Commiffion *. '--i^' - "-■- ■^-''^"'• '-^^ ''■-■•■•l' '-:^. ';'. ;lv,v ;,- ^t>-'.'> ' "-■ 
 It was at this favourable Conjun6hire, that Jacob Leijlers Petition to 
 the King, and his Majefty's Letter to the late Earl of Bellomontt were laid 
 before the Aflembly. Leijkr^ difpleafed with the Report of the Lords of 
 Trade, that his Father and his Brother Milborne had fuffered according to 
 Law, laid his Cafe before the Parliament, and obtained an Aft to reverfe 
 the Attainder. After which, he applied to the King, complaining that his 
 Father had diiburfed about four Thoufand Pounds, in purchafmg Arms 
 and forwarding the Revolution j in Confequence of which he procured the 
 following Letter to Lord Belhmonty dated at Whitehall the 6th of Febrw 
 
 ^ " My Lord, ^ fii .• - 
 
 •71..' 
 
 -);:,« 
 
 ti 
 
 (C 
 
 (( 
 
 t( 
 
 THE King being moved upon the Petition of Mx. Jacob LeiJUty 
 and having a gracious Senfe of his Father's Services and Suffer- 
 ings, and the ill Circumftances the Petitioner is thereby reduced to, his 
 Majefty is pleaied to direft, that the fame be tianfmitted to your Lord- 
 iliip, and Uiat you- recommend his Cafe t& the general Adembly of New- 
 
 h^. 
 
 * Mr. LlvlngJIon^i Reafon for not accounting 
 wa» truly unanfwerable i his Books and Vouch- 
 
 ers were taken into the Hands of the Govern^ 
 ment, and detain<:d from him. 
 
 Torky 
 
 (( 
 
PART III. THE HISTORY OF NEW-YORK. loi 
 
 " York-, being the only Place, where he can be relieved, and the Prayer of 
 " his Petition complyed with. I am, > . . „ . 
 
 *• My Lordy your Lordjhip's - : 
 
 Mofi obedient and bumble Servant ^ 
 
 . ! , • , ,> ' .. " Jersey." 
 
 .■•3v^ 
 
 .« 1. ) ^ 
 
 ,:^. 
 
 ^ ... ,jj/' 
 
 « 
 
 
 4 
 
 .)M' 
 
 As foon as this Letter and the Petition were brought into the Houfe, a 
 Thoufand Pounds were ordered to be levied for the Benefit of Mr. Leijler, 
 as well as feveral Sums for other Perfons, by a Bill for paying the Debts 
 of the Government j which neverthelefe did not pafs into a Law, till the 
 next Seffions. Every Thing that was done at this Meeting of the Aflem- 
 bly, which continued till the 1 8th of OSiober^ was under the Influence of 
 a Party Spirit j and nothing can be a fuller Evidence of it, than an in- 
 corrcft, impertinent, Addrefs to his Majefty, which was diawn up by the 
 Houfe, at tlie Clofe of the Seffion, and figned by fourteen of the Mem- 
 bers. It contains a tedious Narrative of their Proceedings, relating to 
 die difputed Elections, and ccmcludes with a little Incenle, to regale fome 
 of the then principal Agents in the publick Affairs, in thefe Words : 
 " This necelTary Account of ourfelves and our unhappy Diviflons, 
 which we hope the Moderation of our Lieutenant-Governor, the Wif^ 
 dom and Prudence of WiUiam jitwoody Efq; our Chief JufVice, and Ty6o- 
 mas Weaver^ Efqj your Majefty's CoUeftor and Receiver-General, might 
 have healed, we lay before your Majefly with all Humility, and 
 deep Senfe of your Majefty's Goodnefs to us, lately exprcffed in fending 
 over fo excellent a Perfon to be our Chief Juftice." 
 The News of the King's having appointed Lord Cornbtiry to flicceed the 
 Earl of Bellomonty fo ftrongly animated tlie Hopes of the Anti-Leijlerian 
 Party, that about tlie Commencement of the Year 1702, Nicholas Bayard 
 promoted feveral AddrefTes to the King, the Parliament, and Lord Corn- 
 bury ^ which were fubfcribed at a Tavern kept by one HutchinSy an Alder- 
 man of the City of New-Tork. In that to his Majefty, they affure 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 Spoils of their Neighbours." The Petition to 
 the Parliament fays^ that Letfler and his Adherents gained the Fort at the 
 Revolution without any Oppofition j that he opprefTcd'and imprifoned the 
 
 People 
 
 C( 
 
 <( 
 
 « 
 
 (C 
 
 <( 
 
 « 
 
 c< 
 
■* 
 
 102 THE HISTORY OF NEW-YORK, part iii. 
 
 People without Caufe, plundered them of tlieir Goods, and compelled them 
 to tice their Country, tho' they were well afte<5ted to the Prince of Orange, 
 That the Earl of Brllomont appointed indigent Sheriffs, who returned fudi 
 Members to the Ailcmbly as were unduly elefted, and in his Lordfliip's 
 Efteem. That he fufpended many from the Board of Council, who were 
 faithfid Servants of the Crown, introducing his own Tools in their Stead. 
 Nay they denied the Authority of the late Aflembly, and added, that the 
 Houfe had bribed both tlie Lieutenant-Govemour and the Chief Juftice -, the 
 one to pafs tlieir Bills, and the other to defend the Legality of their Pro- 
 ceedings. A third Addrefs was prepared, to be prefcnted to Lord Cornbury, 
 to congratulate his Arrival, as well to prepoflefs him in their Favour, as to 
 prejudice liun againft the oppofite Party. 
 
 Nothing could have a more natural Tendency to excite the Wrath of 
 tlie Lieutenant-Governour, and the Revenge of the Council and Aflembly, 
 than the Reflexions contained in thofe feveral Addreflfes. Nanfan had 
 no fooner received Intelligence of them tlian he fummoned Hutcbins to de- 
 liver them up to him, and upon his Refufal commited him to Jail, on die 
 1 9th of January ; the next Day Nicholas Bayard^ Rip Van Dam^ Philip 
 Frenchy and Thomas Wenhanty hot with party Zeal, fent an imprudent Ad- 
 diefs to the Lieutenant-Governour, boldly juftifying the Legality of the 
 Addrefs, and demanding his Difcharge out of Cuft:ody. I have before 
 taken Notice, that upon Slaughters Arrival in 1691, an Aft was pafled, 
 to recognize the Right of King William and Queen Mary to the Sovereign- 
 ty of this Province. At the End of that Law, a Claufe was added in thefe 
 Words, " That whatfoever Perlbn or Perfons, (hall by any Manner of 
 Ways, or upon any Pretence whatfoever, endeavour by Force of Arms or 
 otherwife, to difturb the Peace, Good, and Quiet of their Majefties Govern- 
 *' ment, as it is now efliabliflied, fliall be deemed and eileemed as Rebels and 
 TraytOTs unto their Majefl:ies, and incur the Pains, Penalties, and For- 
 feitures, as the Laws of England have for fuch Offences made and pro- 
 " vided." Under Pretext of this Law, which Bayard himfelf had been 
 perfonally concerned in enafting, Mr. Nanfan ifllued a Warrant for com- 
 miting him to Jail as a Traitor, on the zifl of January -^ and left the 
 Mob Ihould interpofe, a Company of Soldiers, for a Week after, conilantly 
 guarded the ^rifon. 
 
 Through the Uncertainty of the Time of Lord Cornbury's Arrival, Mr. 
 Nanfan chofe to bring the Prifoner to his Trial, as foon as pdHble } and for 
 that Purpofe ifliieA a Commifllon of Oyer aqd Terminer, on the 12th of 
 
 February, 
 
 <( 
 
 <( 
 
 «( 
 
I'ARTiir. THE HISTORY OF NEW-YORK. 103 
 
 February^ to IVilUam Jtwood^ the Chief Juftice, and Abraham De Peyjier 
 and Robert Walters^ who were the puifiie Judges of the fupreme Court j 
 and not long after Bascrd was arraigned, indicted, tried, and convifted of 
 High Treafon. Several Reafons were afterwards offered in AiTeft of 
 Judgment j but as the Prifoner was unfortunately in the Hands of an en- 
 raged Party, Atwood over-ruled what was offered, and condemned him to 
 Death on die i6th of March. As the Procefs of his Trial has been long 
 fince printed in the State Trials at large, I leave the Reader to his own 
 Remarks upon the Conduct of the Judges, who are generally accuied of 
 Partiality. 
 
 Bayard applied to Mr. Nanfan for a Reprieve, till his Majefty's Pleafure 
 might be known j and obtained it, not without great Difficulty, nor till 
 after a feeming Confeflion of Guilt was extorted. Hutchinsy who was alio 
 convifted, was bailed upon die Payment of forty Pieces of Eight to tha 
 Sheriff", but Bayard, who refufed to procure him the Gift of a Farm, of 
 about fifteen hundred Pounds Value, was not releafed from his Confine- 
 ment, till after the Arrival of Lord Cornburyy who not only gave his Con- 
 fent to an Aft for reverfing the late Attainders, but procured the Queen's 
 Confirmation of it, upon their giving Security according to the Advice of 
 Sir Edward Narthey, not to bring any Suits againft thole who were con- 
 cerned in their Profecution j which the Attorney-General thought proper, 
 as the Aft ordained all the Proceedings tp be obliteiated. 
 
 After thefe Trials, Nanfan erefted a Court of Exchequer, and again 
 convened the Affembly, who thanked him for his late Meafures, and pdFed 
 an Aft to out-law Philip French^ and Thomas Wenham, who abfcond^d up- 
 on Bayard's Commitment > another to augment the Number of Reprefenta- 
 tives, and feveral others, which were, all but one, afterwards repealed by 
 Queen Anne. During this Selfion, Lord Cornbury being daily expefted, the 
 Lieutenant-Govemour fufpended Mr. Li'vingjion from his Seat in Council, 
 and thus continued to abet LeiJIers Party,, to the End of his Admini- 
 ftration. 
 
 Lord Cornbury s Airival quite opened a new Scene. His Father, the 
 Earl of Clarendon, adhered to the Caufe of the late abdicated King, and 
 always refufed the^ Oaths both to King JVilliam artd Queen Anne. But die 
 Son recommended himfelf at the Revolution, by appearing very early for 
 the Prince of Orange, being one of the firft Officers that deferted King 
 James's Army. King JVilliam, in Gratitude for his Services, gave him a 
 Commiflion for this Government, which, upon the Death of the King, was 
 
 .,.,...., I reneweci 
 
104 THE HISTORY OF NEW-YORK, part iii. 
 
 renewed by Queen AnnCy who at the fame Time, appointed him to the 
 chief Command of New-Jerfeyy the Government of which the Proprie- 
 tors had lately furrcndered intp her Hands. As Lord Cornbury came to this 
 Province, in very indigent Circumftances, hunted out of England by a Hoft 
 of hungry Creditors, he was bent upon getrng as much Money, as he could 
 fqueeze out of the Purfcs of an impoverifhed People. His Talents were, 
 perhaps, not fuperior to the moft inconfiderable of his Predeceflbrs ; but in 
 his Zeal for the Church he was furpaffed by none. With thefe bright 
 Qijalifications he began his Adminiftration on the 3d of May^ 1702, af- 
 fifted by a Council confifting of the following Members, 
 
 William Atnuoody 
 William Smithy . , 
 Peter Schuyler ^ 
 Abraham De Peyjlert 
 Samuel Staats^ 
 Robert Walters, . 
 
 '} 
 
 ♦*•■ 
 
 'Thomas Weaver, ,t." < -; 
 Sampjon Shelton Broughton, 
 Wolfgang William Romar^ 
 William Lawrence, ..*. h 
 Gerardus Beckman, r fr 
 Rip Van Dam. 
 
 
 .<r. 
 
 His Lordlhip, without the leaft Difguife, efpoufing the Anti-Leijlriatt 
 Fa<5tion, Atwood, the Chief Juftice, and Weaver, who a6led in Quality of 
 SoUicitor-General, thought proper to retire from his Frowns to Virginia ^ 
 whence they failed to England : the former concealing himfelf under the 
 Name of Jonesy while the latter called himfelf Jack/on. Colonel Heathcote 
 and Do6lor Bridges fucceeded in their Places at the Council Board. 
 
 The following Summer was remarkable for an uncommon Morta- 
 lity, which prevailed in the City of New-Tork, and makes a grand Epoch 
 among our Inhabitants, diftinguifhed by the *• Time of the great Sicknefs*." 
 On this Occafion Lord Cornbury had his Refidence and Court at Jamaica, 
 a pleafant Village on Long-J/land, diflant about twelve Miles from the 
 City. 
 
 The Inhabitants of Jamaica confifted, at that Time, partly of original 
 Dufrh Planters, but moftly of NewEngland Emigrants, encouraged to 
 fettle there, after the Surrender, by the Duke of Tork's Conditions for 
 Plantations, one of which was in thefe Words: " That every Town- 
 " fhip fliould be obliged to pay their own Minifters, according to fuch A- 
 
 * The Fever killed almoft eve7 Patient feiz- from St. Thtmai in the ff^tji Indlts, an Ifland 
 cd with it) and was brought here in a VeiTci remarkable for coiitagiguf l3ifeafes. 
 
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 ** grecmcnt 
 
itSy an Ifland 
 
 PARTiii. THE HISTORY OF NEW-YORK. 105 
 
 " greements as they ftiould make wWihimi the Minifter being elefted by 
 " the major Part of the Houfliolders and Inhabitants of the Town." 
 Thefe People had erefted an Edifice for the Worfhip of God, and enjoyed 
 a handfome Donation of a Parfonage-houfe and Glebe, for the Ufe of their 
 Minifter. After the Miniftry A&. was paflfed, by Colonel Fletcher^ in 1693, 
 a few Epifcopalians crept into the Town, aiwi viewed the Prelby 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 here- 
 after engroffed by any other Seft. The Epifcopal Party, who knew this, 
 formed a Defign of feizing the Edifice for themfelves, which they ftiortly 
 after Carried into Execution, by entering the Church between die Morning 
 and Evening Sei-vice, while the Prefbyterian Minifter and his Congregation 
 were in perfect Security, unfufpicious of the Zeal of their Advenaries, and 
 a fraudulent Ejeftment, on a Day confecrated to facred Reft. 
 
 Great Outrage enfued among the People, for the Contention being pro 
 Aris(SFocisy was animating and important. The original Proprietors of 
 the Houfe tore up their Seats, and aftei-wards got the Key and the Poffeflion 
 of the Church, which were ftiortly after again taken from tliem by Force 
 and Violence. In thefe Controverfies the Govemour abeted the Epifcopal 
 Zealots, and harafted the otliers by numberlefs Profecutions, heavy Fines, 
 and long Imprifonments -, through Feai* of which, many, who had been 
 a£tive in the Difpute, fled out of the Province. Lord ComSury's noble 
 Defcent and Education ftiould have prevented him from taking Part in fo 
 ignominious a Quarrel ; but his Lordftiip's Senfe of Honour and Juftice 
 was as weak and indelicate, as his Bigotry was rampant and uncontrouU 
 able : and hence wc find him guilty of an A€t complicated of a Number of 
 Vices, which no Man could have perpetrated without Violence to the very 
 (lighteft Remains of Generofity and Juftice. When his Excellency retired 
 to Jamaicay one Hubbard, the Prefl)yterian Minifter, lived in the beft Houfe 
 in the Town. His Lordftiip begcd the Loan of it for the Ufe of his own 
 Fam'dy, and the Clergyman put himfelf to no fmall Inconveniencies to fa- 
 vour the Govcrnour's Requeft ; but in Return for the generous Benefaction, 
 his Lordfhip perfidioufly delivered the Parfonage-houie into the Hands of 
 the Epifcopal Party, and encouraged one Cardive/, the Shcrift', a mean Fel- 
 low, who afterwards put an End to his own Lif^, to feize upon the Glebe, 
 which he fui-veyed into Lots, and farmed for the Benefit of the Epifcopal 
 Church. Theie tyrannical Meafures juftly inflamed the Indignation of the 
 injured Sufferers, and that again the more embittered his Lordftiip againft 
 
 P them. 
 
io6 T «1£ H I S TORY «0;F 'N'E W,Y OfRK. part hi. 
 
 them. 77'^ refented, a?id ^(^p^oificut^d ; ROr diti he tcMiifirte his pious Rage 
 "to the People of Japmica. He detefted all whp were of the fame Deno- 
 mination ; nay, avei'ife to every -Se€l exc^t his own* he irififlled that neither 
 the Minifters nor Sqhoolm^ers. of the I>utcby jthe mofli nwnprous Perliia- 
 iion in the Province, had a R,i(ght tp pre^eh or.infti^ft withottt his guber- 
 natorial Licence J and ib^-o| them tamely fubroited to his iiinauthowta- 
 tive Rule. A general Account of liis'Lordlhip's fingular Zeal^ is preferved 
 under the Title of the WATcrt Tower, in a P»?uniber Qf P£lpers;^ubliih- 
 ed in the New-Tork Wwkfy A^cnry.i(it the Ye^ 1755. ; yd I.-ilioi;3r!'j.ijim 
 While his Excellency was exerting liig Bigotry, <iMring the Suitimer'Seafon, 
 at Jamaica j the Elections weie carrying on, with great Heat, for an AiTem- 
 hly, which met him, at that Village, in the FalU .It coniifted principally of 
 the Party, which had been borne down by the Earl of Beiipmmi and his 
 Kinfmanj andhence we find i?/W/6!i^iw/w/&, wiKfthad lately been out4a;^Med, 
 was returned a Reprefentative fpyt N^-Jthrkj ^md WilHam Mnai^ elci^led in- 
 to the Speaker's Chair. SeveraLExtia^s from rtiy Lords Speech are pro- 
 per to be laid before the Reader, as a Specimen of his Temper and De- 
 figns. " It was an extream Surprife to me (fays his LbrdOiip) to find this 
 ** Province, at my Lajiding at New^Tbrk, in fuch a Conrulfion as muft have 
 " unavoidably occationed its Ruin, if it had been fu&red to gooq. a Httlc 
 " longer. The many ComjJaints that were brought to me, againft the Per- 
 " fons I found here in Power, fufficiently proved againft tibem ; and the mi- 
 feiable Accounts I had of tlie Condition. 6f our Frontiers, made rae think 
 it convenient to delay nxy Nketulg you in general Afiibmbly, till I could 
 inform myfelf, in fome meafure, of the Condition of this Province, that 
 I might be able to offer to your Confideration, fome few of thofe Things, 
 which will be ueceiiai'y to be doi^e fortliwith« ior the Defence q£ the 
 
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 •'I He thai ijecommcnds tliwr fortifying t^e Port o£ New^Thrk,. and the 
 Frontiers } adding, thai he found the SokUdrs naked ahdf unarmed : after 
 which, he propofes a Militia Bill, the Erection of pubUck &(^hools, and an 
 Examination of the provincial Debts and Accounts^; and not only promiles 
 to make t faitliful AppUcation of the MUiies to;be rftiicd, bat that he would 
 Milder thema^ Accoiuit. The whole SpcccI* 13 fWectened with thiajgiaci-* 
 pus Condufion : " Now, Gentlemen,: I have n© more to trouble you with, 
 but to aliJiire you, inltiic Name of the great Queen oi England, my IMil- 
 trels, that you may fafely depend upon all tiie Protection that good and 
 fiuthl'ul Subject:; con defu:e or expcdt/from ajSovcceig^t whole greatelt 
 -f'Cj'/ 2. ** Delight 
 
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 PARTiir. THE HISTCRY OF NEW-YORK. 107 
 
 " Delight is the Welfare of her People, under whofe aufpicious Reign we 
 " are fure to enjoy what no Nation in the World dares claim but the Sub- 
 jects of England ; I mean^ the free Injoyinent of the beft Religion in the 
 Woiildv; the full Poffdfion of all. lawful Liberty ^ and the undiflurbed In- 
 *' joymcnt of our Freeholds and Properties. 1*hefe arefome, of the many. 
 Benefits which I take the Inhabitants of this Province to be well intitled 
 to by the Laws of England ; and I am glad of this Opportunity to af- 
 fure you, that as long as I have the Honour to ferve the Queen in the 
 " Government of this Province, thofe LaWs fhall be put in Execution, ac- 
 cording to the Intent with which they were made j that is, for the Pre- 
 fervation and Proteftion of the People, and not for their Oppreflion. I 
 heartily rejoice to iee, that the free Choice of the People has fallen upon 
 Gentlemen, whofe conftant Fidelity to the Crown, and unwearied Ap- 
 plication to the Good of their Country, is fa univerfally known." 
 The Houfe echoed back an Addrefs of high CompUment to his Lord- 
 fhip, declaring, " That being deeply fenfible of the Mifery and Calamity the 
 Country lay under at his Arrival, they wcaenot fufficiently able td cx- 
 prefa the Satisfaction they had, botlv ki their Relief and their Delitnerer." 
 Well pleafed with a Govemour who headed their Party, the Aflembly 
 granted him all his Requefts ; eighteen hundred Pounds were raifed for the 
 Support of one hundred and eighty Men, to defaid the Frontiers, beiides 
 two thoufand Founds more, as a Prefent towards defraying the Expenccs 
 of his Voyage. The Queen^ by her Letter of the 20th di April y in the 
 next Year, forbad any i>os^ Donations for the future. Tt is obfervable, that 
 tho' tlie County of Dutchefi had no Reprefentatives at this Aflembly, yet 
 fuch was then the kiiown Indigence of that now populous and flolirilhing 
 County, that but eighteen Poimds were, apportioned for their Quota of 
 thefc Levies. . -M .r./uoi'-nmNstU luiiio oa nn " id i iiJo^Jt i.j.ri ,\: .. 
 
 Befidcs the ACts above-mentioned, the Houfe brought up a Militia Bin, 
 aiid continued the Revenue to the ift of May^ 1709 ; and a Law paflcd to 
 eftablifh a Grammar-School, according< to his Lordfliip's Recommendation. 
 Befides the ^xsx Harmony that fublifted betiviecn the Govei riour and his 
 Alfembly, there was nothing remarkable except two Refolves againfl: the 
 Court of Chancery eredted by Mr. Ndnfany occafioncd by a Petition of fe- 
 veral difappointed Suitors, who were difpleafed with a Decree. The Re- 
 folutions were in tliefe Words : " That the fctting up a Court of Eqi;ity 
 in this Colony, without Confent of general Afllmbly, is art Innovation 
 without any former Precedent, inconvenient and contrary to the Englijh 
 o: P 2 " Law." 
 
 cc 
 
 C( 
 
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 io8 THE HISTORY OF NEW-YORK, part in. 
 
 *' Law." And again: " That die Court of Chancery, as lately erefted, 
 *' and managed here, was and is unwarrantable, a great Oppreflion to the 
 *• Subject, of pernicious Example ai>d Coniequence j that all Proceedings, 
 " Orders, and Decrees in tj^e;, fame, are, and of Right ought to be, de- 
 claied 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 difmclined to fix Contempt on Nmfans Adminiftration, yet as this 
 Bill would diminifli his owa Power, liimfelf bang the Chancellor, the Mat- 
 ter was never moved farther^ ftjian to the Order for the Ingroifment of the 
 Bill upon the fecond Reading. 
 
 Tho' a War was proclaimed by England on the 4th of May, 1702, a- 
 gainft France and Spain^ yet as the Five Nations had entered into a Treaty 
 of Neutrality with the French \nCanaday this Province, inftead of being 
 harafled on its Borders by the Enemy, caiiied on a Trade very adrantageous 
 to all thofe who were concerned in it. The Governour, however, conti- 
 nued his SolUcitations for Money, with unremited Importunity, and by a- 
 larming the Affembly, which taisX. \n April, 1703, with his Expeftation of 
 an Attack by Sea, fifteen hundred Pounds were raif*^d, under Pretence of 
 erefting two Batteries at die Narnms-, which, inftead of being employed 
 for that Ufe, his Lordfhip, notwithftanding the Province had expended 
 twenty-two thoufand Pounds during the late Peace, was pleafed to appro- 
 priate to his private Advantage. But let us do him the Juftice to c(»ifefs, 
 tliat while he was robbing the Publick, he at the fame Time confented t& 
 fevefal other Laws for the Emolument of the Clergy. 
 
 Whether it was owing to the extraordinaiy Sagacity of the Houfe, or 
 dieir Prefumption that his Lordfhip was as little to be trufted as any of 
 his PredecelTors, that, after voting the above Sum for the Batteries, they 
 added, that it fhould be " for no other Ufe whatfocver," I leave the Reader 
 to determine. It is 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 Governour, by his Warrants, might draw it at his 
 Pleafure. To this Caufe we muft afTign it, that in an Addrefs to his Lord- 
 fliip, on the 19th of June, 1703, they *' defire and inftft, that fome proper 
 and fufHcient Perfon might be commifTioned Treafurer, for the receiving 
 and paying fuch Monies now intended to be raifed for the publick Ufe, 
 as a Means to obftrudl Mifapplications for the futuie." Another Ad- 
 drefs was fent Home to the Queen, complaining of the ill State of the Re- 
 venue, thro' die Frauds which liad formerly been commited, the better 
 
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 IC 
 
 I 
 
 to 
 
PART III. THE HISTORY OF NEW-YORK. 109 
 
 to facilitate the important Defign of having a Treafurer dependent on the 
 Afiembly. The Succefs of thefe Meafures will appear in the Sequel. 
 
 Tho' our Frontiers enjoyed the profoundeft Tranquillity all the next Win- 
 ter, and we had expended thirteen hundred Pounds, in fupporting one hun- 
 dred Fuzileers about Albany^ befides the four independent Companies in the 
 Pay of the Crown, yet his Excellency demanded Provifions for one hun- 
 dred and fifty Men, at the next Meeting of the Afiembly, in ApriU 1 704. 
 The Houfe having Reaibn to fufpeft, that the feveral Sums of eighteen and 
 thirteen hundred Pounds, lately railed for the publick Service, had been 
 prodigally expended or embezzled, prudently declined any farther Aids, till 
 they were fatisfied that no Mifapplication had been made. For this Pur- 
 pofe they appointed a Committee, who reported that there was a Balance 
 of near a thoufand Pounds due to the Colony. His Lordfhip, who had 
 hitherto been treated with great Complaifance, took Offence at this parfi- 
 monious Scrutiny, and ordered the Afiembly to attend him ; when, after 
 the Example of Fletcher^ whom, abating that Man's fuperior A6livity, his 
 Lordfiiip moftly refembled, he made an angry Speech, in which he charges 
 them with Innovations never attempted by their Predeceflbrs, and hopes 
 they would not force him to exert " certain Powers" vefl:ed in him by 
 the Queen. But what he more particularly took Notice of, was their in- 
 fifiing in feveral late Bills, upon the Title of " General Affembly" and a 
 Saving of the " Rtghu of the Houje" in a Refolve agreeing to an Amend- 
 ment for preventing Delay j with refpedt to which, his Lordfiiip has thefe 
 Words ; " I know of no Right that you have as an Afiembly, 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 (fays his Lordfhip) the Queen is pleafed to 
 •' command me, in her Inflruftions, to permit the Affembly, from Time 
 " to Time, to view and examine the Accounts of Money, or Value of Mo- 
 " ney, difpofed by Virtue of the Laws made by them j but you can in no 
 " wife meddle with that Money j but if you find any Mifapplication of 
 " any of that Money, you ought to acquaint me with it, that I may take 
 " Care to fee thofe Miftakes re6lified, which I fhall certainly do.**^ 
 
 The Houfe bore thefe Rebukes with the utmoft Pafiivencfs, contenting 
 themfelves with little elfe than a general Complaint of the Deficiency of the 
 Revenue, which became the Subject of their particular Conlideration in the 
 Fall. The Governour, on the one hand, then propofed an ailditional 
 Duty of ten per Cent, on certain Goods, not immediately imported from 
 
 Europe^ 
 
no THE HISTORY OF NEW-YORK, part ni. 
 
 Europe, to which the Affembly, on tlie other, were utterly aveife, and as 
 foon as they refolved againft it, the very Printer, Clerk, and Door-keeper, 
 were denied the Payment of thejr Salaries. Several other Demands being 
 made for the publick Debts, the Houiie refolved to addrefs his Lordfhip for 
 an exaft Account of the Revenue, which, together with their Refufal, to 
 admit the Council's Amendment to a Money Bill, gave him fuch high 
 Provocation, that he was induced to diflblve an Affembly, whole prodigal 
 Liberality had juftly expofed them to the Refentment of the People. The 
 new Affembly, which met on the 14th of June, ^7^5^ neglefted the Af- 
 fair of the Revenue and the additional Duty, thougli his Lordfhip ftrongly 
 recommended them both. Among the principal A6ls pafied at this Meet- 
 ing, is that for the Benefit of the Clergy, who were entitled to the Salaries 
 formerly eftabliflied by Colonel Fletcher i which, tho* lefs than his Lord- 
 fhip recommended, was doubtlefs a grateful Offering to his unceafing 
 Zeal for the Church, manifefted in a Part of his Speech; at the Opening of 
 the Seffion, in tliefe Words : " The Difficulties which fome very worthy 
 " Minifl:ers of the Church of England have met with,, in getting the Main- 
 " tainance fettled upon them, by an A€t of the genei^ Afibmbly of du& 
 " Province, palled in the Year 1693, nioves me to propo&to youthe paf^ 
 " fmg an Aft, explanatory of the forementieoded. A6t, that tlio& worthy 
 " good Men, who have ventured to come fo far, for the S»vice of God 
 " in his Church, and the Good and Edification of the People, to the Sal- 
 " vation of their Souls, may not for the future be vexed, as fbme of them 
 " have been j but may injoy in Qijiet, that Maintainance, which was by 
 a Law provided for them *. I farther reconunend to you, the paffing 
 an A£l to provide for the Maintainance of fome Miniilers, in fome of 
 the Towns at the Eafl: End of Long-IJlandt where I don't find any Pro- 
 vifion has been yet made for propagating Religion." v. ,ii.i; Uut«w?^u^^ 
 Our Harbour being wholly unfortified, a French Privateer afbially en- 
 tered it in 1705, an4 put the Inhabitants into great Conflemation. The 
 Affembly, at their Seffion mjune, the next Year, were not difinclined, thro' 
 the Importunity of the People, to put the City in a better Pofhire of De- 
 fence for the future j but being fully convinced, by his Lordfhip's Em- 
 bezzlement of 1 500 /. formerly raifed for two Batteries at the Narrows^ and 
 near 1000 /. levied for the Proteftion of the Frontiers, that he was no more 
 
 • The Majority of our People are of a con- blifliment was defigned onJy for the Epifcopal 
 traty Opinion, if my Lord thought the Efla- Clergy. 
 
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 PARTin. THE HISTORY OF NEW-YORIt. iii 
 
 to be trufted with publick Monies, offered a Bill for raifing 3000 /. for For- 
 tifications, appointing that Sum to be depolited in the Hands of a private 
 Perfon of their own Nomination j but his Excellency did not pafs it till 
 their next Meetii^ in the Fall, when he informed them that he had re- 
 ceived the Queen's Commands, " to permit the general Aflembly to name 
 " their own Treafiirer, when they raifed extraordinary Supplies jfor parti- 
 " culai* Ufes, and which are no Part of the ftanding and conftant Revenue; 
 the Treafurer being accountable to the three Branches of the Legifla- 
 ture, and the Governor always acquainted with the Occafion of ifTuing 
 " Itwh Warrants." .M:^^S^. h^d m y^r-^xKJ i&wou|ur --i ^r ;;../'>. ..: ' ■ 
 
 His Lordihip's renewing the Propofal of raifing Fortifications at the 
 Narrows, which he had himfelf hitherto fcandaloufly prevented, is a Proof 
 of his exceflive Eftrontery and Contempt of the People ; and the Negleft of 
 the Houfe, to take the leaft Notice, either of that Matter or the Revenue, 
 occafioned another Diilblution. 
 
 Before I proceed to the Trahfaftions of the new Aflembly, 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 per^cuting Spirit, which influ" 
 enced Lord C^mburfs whole Adminiftration. ' ^' ' ' " ' ' 
 
 The Inhabitants of the City of New-Tork confifted, at this Time, of T>utch 
 Cahinifis, uipon the Plan of the Church of Holland -, French Refugees, on 
 the Geneva Model j a few Englijh EpifcopaUans ; and a Jftill fmaller Number 
 of Englijh and Irijh Prefbyterians ; who having neither a Minifter nor a 
 Church, ufcd to aflemble themfelves, every Sun Jf^, at a private Houfe, for 
 tlie Worfhip of God. Such were their Citcumftances, when Francis M'Ke- 
 mie Mid John Hampton, two Prefbyterian Minifters, arrived here in Janu- 
 ary, 1707. As foon as LordOm^ry, who hated the whole Peifuafion, 
 heard that iihe Dutch had confented to MKemic's preaching in their Church, 
 he arbitrarily forbid it ; fo that the publick Wwlhip, on the next Sabbath, 
 was performed, with open Doors, at a private Houfe. Mr. Hampton pren,ch- 
 ed, die fame Day, at the Prelbyterian Church in Ne^'-T'own, diftant a few 
 Miles from tiie City. At that Village both thefe Miniibers weie two or three 
 Days after ^prehended, by Cardwel tlie Sheriif, purfuant to his Lordfhip's 
 Wairant, for prcjaching without his Litence. • From hence they were led in 
 Triumph a Circuit of ieveral MileS through Jamaica to New-Tork. They ap- 
 peared before his Lordlhip with an undaunted Courage, and had a Conference 
 with him; inwhjchiii is difficult todetermine, Whethei'my Lord excelled in the 
 Character of a favage Bigot, or an ill-mannerly Tyrant. The Mitiifters 
 
 Vkcre 
 
ifc2. THE HISTORY OF NEW-YORK, partim. 
 
 were no Lawyers, or they would not have founded their Juftification on 
 the fuppofed Extent of the Englijh A6b of Toleration. They know not 
 that, the Eccleflaftical Statutes had no Relation to this Colony ; and that its 
 religious State confiAed in a perfect Parity between Proteftants of all De- 
 nominations. They erroneoufly fuppo&d that all the penal Laws extended 
 to this Province, and relied, for their Defence, on the Toleration, offering 
 Teftimonials of their having complied with the A61 of ParUament in Vir- 
 ginia and Maryland^ and pronufed to certify the Houfe, in which 
 MKemie had preached, to the next Seflions. Hb Lordihip's Diicourfe with 
 them was the more ridiculous, becaufe he had Bickly^ the Attorney-General, 
 to afTift him. Againft the Extenfion of the Statute, they infifted that the 
 penal Laws were Umited to England^ and fo alio the Toleration A£t, be- 
 caufe tlie fole Intent of it was to take away the Penalties formerly eflablifh- 
 ed. But grant the Pofition, and the Confequence 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 to the Plantations, then the Pii- 
 foners were innocent, for where there is no Law there can be no Tranf- 
 greflion } but according to thefe incomparable Sages, if the penal Laws and 
 the Toleration were reftri£led to the Realm of England^ as they cc tended, 
 then the poor Clergymen, for preaching without his Licence, were guilty 
 of a heinous Crime, againft his private^ unpublijhed InJiruSlions ; and for 
 this Caufe he iffued an informal Precept to the Sheriff of NeW'Tork, for 
 their Commitment to Jail, till further Orders. ThB\r continued in ConJine- 
 ment, through the Abfence of Mompejfon^ the Chief Juftice, who was in 
 New-Jerfyy fix Weeks and four Days j but were then brought before him 
 by Writ of Habeas Corpus. Mompejfon being a Man of Learning in his Pro- 
 feffion, and his Lordfhip now apprifed of the Illegality of his firft War- 
 rant, iffued another, on the very Day of the Teft of the Writ, in which he 
 virtually contradicts what he had before infifted on, at his Conference with 
 the Prifoners. For according to this, they were imprifoned for preaching 
 without being qualified as the Toleration A£l required, tho' they had of- 
 fered themfelves to the SeiTions during their Imprifonment. They were then 
 bailed to the next fupreme Court, which began a few Days after. Great 
 Pains were taken to fecure a Grand Jury for the Purpofe, and among 
 thofe who found the Indidhnent, to their Shame be it remembered, were 
 feveral Dutch and French Proteftants. 
 
 Mr. MKemie returned to NewTork^ from Virginia^ in June j and was 
 now come to his Trial on the Indi£tm^t jR>und at the laft Court. As to 
 
 ' * Mr. 
 
id was 
 As to 
 
 Mr. 
 
 pARTur. THE HISTORY OF NEW-YORK. i.. 
 
 Mr, Hamptony he was difcharged, no Evidence being oftered to the Grana 
 Jury againft him. 
 
 Bickley^ tlie Attorney-General, managed the Profecution in the Name of 
 the Queen j Reigjtere^ Nkolly and Jamifon appeared for the Defendant. The 
 Trial was held on the 6th of June, and being a Caufe c '" -^reat Expefta- 
 tion, a numerous Audience attended. Roger Mompejfon fat on the Bench as 
 Chief Juftice, witli Robert Milward and Thomas Wenham for his Affiftants. 
 The Indiftment was, in Subftance, that Francis M^Kemie^ pretending him- 
 i'elf to be a Proteftant Difienting Minifter, contemning and endeavouring 
 to fubvert the Queen's ecclefiaftical Supremacy, unlawfully preached with- 
 out the Governour's Licenfe firft obtained, in Derogation of the royal Au- 
 thority and Prerogative : that he ufed other Rites and Ceremonies, than 
 thofe contained in the Common-Prayer Book. And laftly, that being un- 
 qualified by Law to preach, he neverthelefs did preach at an illegal Conven- 
 ticle : and both thefe laft Charges were laid to be conti'ary to the Form of 
 the EngliJJj Statutes. For it feems tliat Mr. Attorney was now of Opinion, 
 that the penal Laws did extend to the Atnerican Plantations, tho' his Senti- 
 ments \^ere the veiy r^everfe at the firft Debate before his Excellency : but 
 Bickl y was rather remarkable for a voluble Tongue, than a penetrating 
 Her I or much Learning. To fupport this Profecution, he endeavoured to 
 prove the Queen's ecclefiaftical Supremacy in the Colonies, and that it was 
 delegated to her noble Coufin the Governour ; and hence he was of Opini- 
 on, that his Lordfhip's Inftru6lions relating to Church Matters, had the 
 Force of a Law. He, in the next Place, contended for the Extention of the 
 Statutes of Uniformity, and, upon the Whole, was pleafed to lay, that he 
 did not doubt the Jury would find a Verdi6l for the Queen. Rcigncre, for 
 the Defendant, infilled, that Preaching was no Crime by the Common Law^ 
 that the Statutes of Uniformity, and the A61 of Toleration did not extend 
 heie, and tliat tlie Governour's Inftm6lions w^ere not Laws. Nicoll fpoke 
 to the fame Purpofe, and fo did David Jamijhn j but M'Kemie concluded 
 the whole Defence in a Speech, which fets his Capacity in a very advan- 
 tageous Light. The Reader may fee it in the Narrative of this Trial, 
 which was firft publiflied at tlie Time, and fince repiinted at Neiv-l^ork in 
 the Year 1755. The Chief Juftice, in his Charge, advifed a Ipecial Ver- 
 dift, but the Jury found no Difficulty to acquit the Defendant, who thro' 
 tlie Ihameful Partiality of the Court, was not difcharged from his Recogni- 
 zance, till they had illegally extorted all the Fees of his Profecution, which, 
 
 Q^ together 
 
j^ THE HISTORY OF NEW-YORK, part m. 
 
 cogether with his Expences, amounted to eighty-three Pounds feven Shillings 
 and fix Pence. 
 
 Lord Cornbury was now daily lofing the Favour of the People, The 
 Friends of Leijler had him in the utmoft Abhorrence from the Bering ; 
 and being all Spies upon his Conduft, it was impoffible for his Lordihip to 
 conlmit the fmalleft Crime unnoticed. His Perfecution of the PrefbyteriMis 
 very early increafed the Number of his Enemies. The Dutch too were 
 fearful of his religious Rage againft them, as he difputed tlieir Right to 
 call and fettle Minifters, or even Schoolmafters, without his fpecial Li- 
 cence. His exceflive Avarice, his Embezzlement of the publick Money, 
 «nd his fordid Refufal to pay his private Debts, bore (o heavily upon his 
 Reputation, that it was impoffible for his Adherents, either to fupport him, 
 or themfelves, againft the general Oppofition. Such being the Temper of 
 the People, his Lordfliip did not fucceed according to his Wiflies in the 
 new Aflembly, which met on the 19th of Auguji^ 170S. The Members 
 were all againft him, and William Nicoll was again chofen Speaker. 
 
 Among the feveral Things recommended to their Confideration, the Af- 
 fair of the Revenue, which was to expire in May following, and the Pro- 
 priety of making Prefents to the Indianst were the chief. The Houfe were 
 ♦not infenfible of the Importance of the Indian Intereft, and of the infinite 
 Arts of the French to feduce them from our AlUance : but fufpicious that 
 his Lordlhip, who heretofore had given himfelf little Concern about tiiat 
 Matter, was feeking a frelh Opportunity to defraud the Publick, they de- 
 fired him to give them a Lift of the Articles of which the Prefents were 
 to confift, together with an Eftimate of the Charge, before they would pro- 
 vide for that Donation. 
 
 With refpeft to the Revenue, his Lordfhip was not fo fuccefsful, for the 
 Aflembly refolutely refuted to continue itj tho' they contented to an hSt to 
 difcharge him from a Contraft of 250 /. and upwards, which he had made 
 with one Hanfon for the publick Service. Thomas Byerly was, at that Time, 
 Colle6lor and Receiver-General j and by pretending that the Treafury was 
 exhaufted, the Debts of the Government were unpaid. This gave rife to 
 many Petitions to the Aflembly to make Provifion for their Difcharge. Co- 
 lonel Schuyler, who had expended large Sums on the publick Credit, was 
 among the principal Sufferers, and joined with feveral others in an Appli- 
 cation to the Houfe, that Byerly might be compelled to account. The Dif- 
 putes, relating to this Matter, took up a confiderable Part of the Seffion, 
 
 . 3 . and 
 
The 
 
 jfARTm. THE HISTORY OF NEW JRK. IJ15 
 •and; were litigated with great Heat. Upon the whole, m i**ct wa palled 
 for refundmg 700 /. which had been mifapplied. 
 
 The Refolutions of the Committee of Grievances, approved by the 
 Houfe, Ihew the general Objections of the People to his Lordfhip s Ac^ 
 miniftration. Xhefe were made at the Begining of the Seffion, and yet w 
 jiiid this haughty Lord fubdued by the Oppolition againft him, and fo di 
 pkited thro' Indigence, and the inceflant Sollicitations of his Creditors, that 
 he not only omited to juftify himfelf, but to (hew even an impotent Rc- 
 fentment. For after all the Cenfures of the Houfe, he tamely thanked 
 them, for paffing the Bill to difcharge him from a fmall Debt, which they 
 could not, in Juflice, have refufed. The Refolutions were in thefe Words : 
 " Refolvedy That it is the Opinion of this Committee, that the appoint- 
 ing Coroners in this Colony, without their being chofen by the People, 
 is a Grievance, and contiary to Law *. 
 
 " ReJolveJ, That it is, and always has been, the unqueftionable Right 
 of every Free-man in this Colony, that he hath a perfect and entire Pro- 
 perty in his Goods and Eilate. 
 
 " Refohedy That the impofing and levying of any Monies upon her Ma- 
 jefty's SuhjeCls of this Colony, \mder any Pretence or Colour whatfoever, 
 *^ widiout Con&nt in general A£embly, is a Grievance, and a Violation of 
 the People's Property. • 
 
 " Refihedj That for any Officer whatfoever, to extort from the People, 
 extravagant and unlimited Fees, or any Money whatfoever, not pofi- 
 ** tively eftabUflied and regulated by Confcnt in general AlTembly, is un- 
 ** reafonable and unlawful, a great Grievance, and tending to the utter De- 
 <* ftruftion of all Property in this Plantation. 
 
 " Refohed, That the erecting a Court of Equity without Confent in ge- 
 neral Aflembly, is contrary to Law, without Precedent, and of danger- 
 ous Confequence to the Liberty and Propeity of the Subje£ts. 
 " Refolvedy That the raifmg of Money for the Government, or other 
 neceflary Charge, by any Tax, Import, or Burthen on Goods imported, 
 or exported j or any Clog, or Hindiance, on Traffick or Commerce, is 
 found by Experience to be the Expulfion of many, and the Impoverilh- 
 ing of the Reft of the Planters, Freeholders, and Inhabitants of this 
 Colony J of moft pernicious Confequence, which, if continued, will un- 
 avoidably prove the Ruin of the Colony. 
 
 <c 
 
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 cc 
 
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 * See Lord Bacon's Works, Fol. Edit. 2. Vol. 152. and yet the Coroners in every County are 
 ftill appointed by the Govcrnour. 
 
 0^4 
 
 <c 
 
 Re- 
 
ii6 THEHISTORVOF NEW-YORK, part iir; 
 
 " RefoheJ, That the exceffive Sums of Money fcrewed from Mafters of 
 ** VelTels tradhig here, under the Notion of Poit-Charges, vifiting the faid 
 ** Veflels by fupernumerary Officers, and taking extraordinary Fees, is the 
 " great Difcourageraent of Trade, and Strangers coming amongft us, be- 
 ** yond the Precedent of any other Port, and without Colour of Law. 
 
 ** Refohedy That the. compeUing any Man upon Trial by a Juiy, or o- 
 *' therwife, to pay any Fees for his Profecution, oi* any Thing whatibever, 
 " unlefs the Fees of the Officers whom he employs for his neceffary De- 
 " fence, is a great Grievance, and contraiy to Juftice *." f,*>ji« ;* n 
 
 - Lord Cornbury was no lefs obnoxious to the People of New-yerfey, than 
 to thofe of Neav-Tork. The Aflembly of that Province, impatient of his 
 Tyranny, drew up a Complaint againft him, which they fent Home to the 
 Queen. 
 
 Her Mpiefly gracioiifly liftened. to the Cries of her injui'ed Subjefts, de- 
 vefted him of his Power, and appointed Lord Lovelace in his Stead ; de- 
 claring that Ihe would not countenance her neai'eft Relations in oppreffing. 
 her People. a '^'^ ■*- 
 
 As foon as my Lord was fuperfeded, his Creditors threw him into the; 
 Cuftody of the Sheriff of Neiv-Tork j and he remamed here till the Death 
 of his Father, when fucceedmg to the Earldom of Clarendon^ he returned 
 \o E7igland, , :^„n^{'XK.-Mf^.i^k-\,ia 
 
 We never had a Governour fo univerfally detefted, nor any who fa- 
 richly deferved the publick Abhorrence. In Spite of his noble Defcent, his 
 Behaviour was trifling, mean, and exti'avagant. 
 
 It was not uncommon for him to drefs himlelf in a Woman's Habit, a«d 
 tlicn to patrole the Fort in which he rcfidcd. Such Freaks of low Humour 
 cxpofed him to the univerfal Contempt of the People j but their Indignation 
 was kindled by his defpotick Rule, favage Bigotiy, infatiable Avarice, and 
 JnjiilVice, not only to the publick, but even his private Creditors, For he 
 left fame of the lowefl Tradelhien in his Employment unfatisfied in their 
 j lift Demands. ;.;.♦> ri.:|.?".od :'s -.oj^ ( ,. -^ ..' -{ti.:-'-! yrM-^j-X^i^'.v^^^ ■' 
 
 ..'»■ 
 
 'J'-- 
 
 'i. 
 
 yohu Lord Lovelace ^ Baron of Hurley, w^as appointed to this Government, 
 in tlie Spring, 170B, but did not arrive here till the i.8th- of December io\- 
 lowlng. Lord Cornbury s oppreilive^ mean, Adminiflration had long made 
 the People very defuous of a Change ; and tlierefore his Succeflbr was re- 
 
 * This h;iJ a fpecial Relation to tl-.t late Profccutioii of Mr. M'-Kcmie, 
 
 . ccivcd 
 
(( 
 
 (( 
 
 PART itr. T rt E H i S T 6 R Y OP N fe W-V O R K.' 117 
 
 caved with univferfal Joy. Having diflblved the Gcner^ Afiembly, foon 
 after his Accefllon to the Government, he convened a new one on the 5th 
 of Aprils 1709, which Gohfifting of Members c^ the fame Intereft with the 
 laft, re-ele£ted William Nicolly the former Speaker, into the Chair. His 
 Lordfhip told them, at the Begining of the SefTion, " That he had brought 
 with him large Supplies of Soldiers and Stores of War, as well as Pre- 
 fents for the Indians" than which nothing could be more agreeable to 
 the People. He lamented the Greatnefs of the provincial Debts, and the 
 Decay of publick Credit ; but ftill recommended their raifing a Revenue, 
 for the fame Term with that eftablifhed by the A6t in the i ith Year of the 
 laft Reign. He alfo prefled the Difcharge of the Debts of the Govern- 
 ment, and their Examination of the publick Accounts, ** that it may be 
 " known (fays lie) 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 Predeceflbr, who was now ignominioufly impriibned 
 by his Creditors, was difpleafmg to no Body.. 
 
 Tho' the Affembly, in their Anfwer, heartily congratulated his Lordfhip's 
 Arrival, and thanked the Queen for her Care of the Province, yet tliey 
 fufficiently intimated their Difinclination to raife the Revenue, which the 
 Governour had requefted. " Our earneft Wifhes (to ufe the Words of the 
 *' Addrefs) are, thatfuitable Meafures may be taken, to incourage the few 
 Inhabitants left to ftay in it, and otliers to come. The jiift Freedom 
 injoyed by our Neighbours, by the tender Indulgence of the Govern- 
 ment, has exti'emely drained and exhaufted us both of People and Stock j 
 whilft a different Treatment, the wrong Methods too long taken, and 
 " Severities pra^lifed here^ have averted and deterred the iifual Fait of Man- 
 " kind from fettling and coming hitlierto." Towards the Clofe, tliey afllire 
 him, " That as the Beginning of his Government gave them a delightful 
 " ProfpeCl of Tranquility, fo they were come with Minds prepared to con- 
 " fult the Good of the Country and his Satisfadion." 
 
 The principal Matter which engaged the Attention of the Aflxmibly, was 
 the Affair of the Revenue. I ,oi'd Cornhurfs CondiivSl had rendered them 
 utterly averfe to a permanent Support for the future^ and yet they were un- 
 willing to quarrel witli the new Governour. Tliey, howeve?*, at laft a- 
 greed on the 5th of May, to raife 2 :;oo /. to defray the Charges of the Go- 
 vernment to the ift of May enfuing, 1600/. of which was voted to iiis 
 Excellency, and the remaining Sums towards a Supply of Firewood ami 
 Candles to the feveral Forti in iNVx-J! >;•/•, Jllbany, and Schcncflalj -, .">nd 
 
 for 
 
 (( 
 
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 (( 
 
 cc 
 
uZ THE HISTORY OF ^EW^YOHK. partiii 
 
 tov Payment of (xnall Salaries to th^ Prmter. Qavk 0f tbci Coimcil, and 
 Indian Interpreter. 
 
 This new ProjeA of providing, annually, for ihs Support of Govern, 
 mait, was contrived to prevent the Mifchiefs, to which the long Revenues 
 had formerly expofed us. But as it rendered the Gove;»nour, and all the 
 other Servants of the Crown dependent upon the Aflembly, a Rupture, 
 between the feveral Branches of tlie Legiflature, would doubtlefs have en- 
 fued i but the very Day, in which tlie Vote pafled the Houfe, his Lord- 
 fhip died of a Dilbrder contra<Ste<l in crofling the Ferry at his firfl: Arrival 
 in the City of New-Tork, His Lady continued here, long after his Death, 
 foliciting for the Sum voted to her Hufband $ but tlio* th&Qyeen interpofed, 
 by a Letter, in her Behalf, nothing was allowed till feveral Years after- 
 wards. .,^ ;, ,; f . i:' .. ;■ I '- / • - .', "■'";>" ' 
 
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 . « . ' ' • ■ fie • < J . , f • 
 
 THE 
 
 J . 
 
 HIS T O R Y 
 
 OF 
 
 -t J '<*-.t ■ : • ^'^ 
 
 NEW-YORK. 
 
 .1; ■ '■ ((;■ I ■ ■'. 
 
 ■1 I 
 
 •*. 
 
 PART IV. 
 
 From the Canada Expedition in 1709, to the Arrival of Go' 
 
 vernour Burnet. 
 
 1 1 ■ • ♦♦ 
 
 LORD Lovelace being dead, the chief Command devolved upon 2?/- 
 chard Ingoldjbyy the Lieutenant-Governour, the fame who had exer- 
 cifed the Government feveral Years before, upon the Deceafe of 
 Colonel Slougbter. His (hort Adminiftration is remarkable, not for his ex- 
 traordinary Talents, for he was a heavy Man, but for a fecond fmitlefs 
 Attempt againft Canada. Colonel Vetcby who had been, feveral Years be- 
 fore, at ^ijebecky and founded the River of St. Lawrence ^ was the firft Pro- 
 icftor of this Enterprife. The Miniftry approved of it, and Vetch arrived 
 in BoJloHy and prevailed upon the New-England Colonics to join in the 
 Scheme. After that, he came to New-Tor k^ and concerted the Plan of O- 
 j)erations with Francis NichoJfon^ formerly our Lieutenant-Governour, who, 
 at tlic Rcqueft of Ingoldjbyy the Council, the Aflembly, Gurdon Saltonflal 
 the Govcmour of Comietlicuty and Charles Gookin Lieutenant-Governour of 
 Pennjyhama, accepted the chief Command of the pro^'incial Forces, in- 
 tended to penetrate into Canada^ by the Way of Lake Champlain. Impo- 
 veriflicd as we were, the Aflembly joined heartily in the Enteiprife. It 
 was at this Juncture, our firft ht\ for ilfuing Bills of Credit was parted ; 
 an ExiKdicnt without which we could not have contributed to the Expedi- 
 tion, 
 
120 THE HISTORY OF NEW-YORK, part iv. 
 
 tioni tlie Treafury being then totally exhaufled. Univerfal Joy now bright- 
 ened every Man's Countenance, becauib all expcfled the compleat Reduc- 
 tion of Canada^ before the cnfuiiig Fall. Big with the ple^fing Profpecl 
 of an Event, which would put a Period to all the Ravages of an encroach- 
 ing, mcrcilels, Enemy, extend the Britijh Empire, and augment our Trade, 
 we exerted ourfeives to the utmoil, for tlie Succefs of the Expedition. As 
 foon as the Defign was made knowii to the Houfe, twenty Ship and Houfe 
 Carpcnteis were imprelled into the Service for building Battcaus. Com- 
 nilHioners alio were appointed to purchafc Provifions and other Necelia- 
 jies, and empowered to break open Houfes for that Purpofe ; and to im- 
 prefs Men, Veliels, Horfes, and Waggons, for tranfporting the Stores. Four 
 hunditd and eighty-feven Men, belides the independent Companies, were 
 raifed and difpatched to Albums by the 27th of June j from vvhence they 
 advanced, witli the main Body, to the IVood Creek. Tliree Forts were 
 built there, befides many Block-houfes and Stores for the Provifions, which 
 were tranfported with great Difpatch. The Province of New-I ork (all 
 Things confidered) has the Merit of having contributed more than any of 
 her Neighbours tov^^ards this Expedition. Pennfyhama gave no Kind of 
 Aid, and Neiv-ycrfey was only at the Expence of 3000 /. One hundred 
 Battcaus, as many Birch Canoes, and two of the Forts, were built entirely^ 
 and the other Foit, for the mojl Party at the Chai-ge of this Government. 
 All the Provifions and Stores for the Army, were tianfported at our Ex- 
 pence J and befides our Quota of Volunteers and the independent Com})a- 
 nies, v^e procured and mahitained fix hundred Indians^ and viftualed a 
 thoufand of their Wives and Children at Albany ^ during the Campaign. 
 
 Having thus put ourfeives to the Exjjence of above twenty thoufand 
 Pounds towards this Enterprife, the Delay of the Arrival of the P'leet 
 fprcad a general Difcontent through the Countjyj and eaily in the Fall, 
 the Alfcmbly addieffed the Lieutenant-Governour to recall our Forces from 
 tJic Camp. Vetch ZimX Nicholfon foon after broke up the Campaign, ami 
 retired to New-Port in Rhode- IJlaiid^ where there was a Congiels of Go- 
 vernours. Jfigc/dJJy, who was invited to it, did not a])pear, in Compliance 
 vvitii the Inclination of tlie Alfembly, who, incenfcd at the jniblick Difap- 
 pointment, harboured great Jealoufies of all the firft Promoteis of the De- 
 iign. As Jbon, therefoie, as Lord Sunderland's Letters, which arrived here 
 on the 2 ill of Oohher, were laid before the Houfe, they refolved to fend 
 an Addiels to the Queen, to lay before her a true Account of the Manner, 
 ill which this Province excited itfeif in the late Undertaking. 
 
 Had 
 
Had 
 
 PART IV. THE HISTORY OF N E W-Y O R K. 121 
 
 Had tliis Expedition been vigoroufly carried on, doubtleis it would have 
 fucceeded. Tlie publick Affair at Home were conduced by a wife Mini- 
 ftry. The aUied Army triumphed in repeated Succefles in Flanders ; and 
 the Court of France was in no Condition to give Affiftance to fo diftant 
 a Colony as Canada. The Indians of the Fhe Nations were engaged, thro* 
 the indefatigable Solicitations of Colonel Schuyler , to join heartily in the 
 Attempt } and the Eaftern Colonies had nothing to fear from the Owwena- 
 gungasy becaufe thofe Indians had, a little before, concluded a Peace with 
 the Confederates. In America every Thing was ripe for the Attack. At 
 Home, Lord Sunderland^ the Secretary of State, had proceeded fo far, as to 
 difpatch Orders to the Queen's Ships at Bofton^ to hold themfelves in Rea- 
 dinefs, and the Britijlo Troops were upon the Point of their Embarkation. 
 At this Junfture, the News arrived of the Defeat of the Portuguefey which 
 reducing our Allies to great Streights, the Forces intended for the Ameri- 
 can Adventure were then ordered to their Afliftance, and the Thoughts of 
 tlie Miniftry entirely diverted from the Canada Expedition. 
 
 As we had not a Man in this Province, who had more extended Views 
 of the Importance of driving the French out of Cafiada^ than Colonel Schuy- 
 lery fo neither did any Perfon more heartily engage in the late Expedition. 
 To preferve the Friendfliip of the Five Nations^ without which it would be 
 impoflible to prevent our Frontiers from becoming a Field of Blood, he 
 ftudied all the Arts of infinuating himldf into their Favour. He gave 
 them all poflible Encouragement and Afliftance, and very much impaked 
 his own Fortune, by his Liberality to their Chiefs. They never came to 
 Albany but they reforted to his Houfe, and even dined at his Table ; and by 
 this Means he obtained an Afcendency over them, which was attended with 
 veiy good Confequences to the Province, for he could always, in a great- 
 Degree, obviate or eradicate the Prejudices and Jealoufies, by which the 
 French Jefuits were inceflantly labouring to debauch their Fidelity. 
 
 Imprelled with a ftrong Senfe of the Necefllty of fome vigorous Meafures 
 againft the French^ Colonel Schuyler was extremely difcontented at the- late 
 Difappointment j and refolvcd to make a Voyage to England^ at his private 
 Expence, the better to inculcate on the Miniftry, the abfolutc Neccflity of 
 reducing Canada to the Crown of Great-Britain. For that Purpofe he pro- 
 pofed to cany Home with him five Indian Chiefs. The Houfe no fooner 
 heard of his Defign, than they came to a Refolution, which, in Juftice to 
 his diftinguiftied Merit, I ought not to fupprefs. It was this : 
 
 R " Re- 
 
<( 
 
 ft 
 
 (< 
 
 ({ 
 
 (< 
 
 122 THE HISTORY OF NEW- YORK, part iv. 
 
 " Refolved, Nemine contradicente, That the humble Addrefs of the Lieu- 
 tenant-Governor, Council, and general Affembly of this Colony to the 
 Queen, reprefenting the prefent State of this Plantation, be committed to 
 his Charge and Care, to be prefented by himfelf to her facred Maje% ; 
 he being a Perfon, who not only in tlie lafl: War, when he commanded 
 the Forces of this Colony in chief at dinaday but alio in the prefent, has 
 " performed faithful Services, to this and the neighbouring Colonies ; and be- 
 ** haved himfelf in the Offices, with which he has been intrufted, with good 
 " Reputation, and the general Satisfaction of the People in thefe Parts." 
 . The Arrival of the five Sachems in Englandy made a great Bruit thi'o' the 
 whole Kingdom. The Mob followed 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 uitnerican Kings * 
 were therefore drefled in black under Cloths, after the Englijlo Manner ^ 
 but, inftead of a Blanket, they had each a Scarlet-in-grain Cloth Mantle, 
 edged with Gold, tlirown over all their other Garments. This Drefs wag 
 directed by the Dreffers of the Playhoufe, and given by the Queen, who 
 was advil'ed to make a Shew of them. A more than ordinary Solemnity 
 attended the Audience they had of her Majefty. Sir Charles Cotterel con- 
 duced them, in two Coaches, to St. James* s^ and the Lord Chamberlain 
 introduced them into the royal Prefence. Their Speech, on the 19th of A- 
 prilf 17 10, is preferved by Oldmixon, and was in thefe Words : . .- 
 
 ** Great Qu^een, 
 
 *' We have undertaken a long Voyage, which none of our Predeceffors 
 could be prevailed upon to undertake, to fee our great Queen, and relate 
 to her thofe Things, which we thought abfolutely neceflary for the Good 
 of her, and us hei* Allies, on the other Side the Water. 
 " We doubt not but our great Queen has been acquainted with our 
 long and tedious War, in Conjunction with her Children, againft her 
 Enemies the French j and that we have been as a fb ong Wall for their 
 Security, even to the Lofs of our beft Men. We were mightily rejoiced, 
 when we heaid our great Queen had refolved to fend an Aimy to reduce 
 " Canada^ and inunediately, in Token of Fricndfliip, we hnng up the 
 " Kettle, and took up the Hatchet, and, with one Confent, afiilted Colonel 
 
 u 
 
 «< 
 
 « 
 
 •< 
 
 «( 
 
 «( 
 
 • This Title is commonly beftoweil 0:1 the Sachims^ tho' the Indium have no fuch Dignity 
 or OfHce amongft them. 
 
 •• " NichoIJon 
 
|fi»^ 
 
 c< 
 
 (( 
 
 PART IV. THE HISTORY OF N E W-Y O R K. 123 
 
 Nicholfon in making Preparations on this Side the Lake j but, at length, 
 we were told our great Queen, by fome imjx)rtant Affairs, was 
 " prevented in her Defign, at prefent, which made us forrowful, left the 
 " French, who had hitherto dreaded us, fliould now think us unable to 
 " make War againft them. The Reduction of Canada is of great Weight 
 to our free Hunting ; fo that if our great Queen fhould not be mindful 
 of us, we muft, with our Families, forfake our Country, and feek o- 
 tl'ier Habitations, or ftand neuter, either of which will be much againft 
 " our Inclinations. 
 
 " In Token of the Sincerity of thefe Nations, we do, in their Names, 
 prefent our great Queen with thefe Belts of Wampum^ and in Hopes of 
 our great Queen's Favour, leave it to her moft gracious Confideration." 
 
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 While Colonel Schuyler was at the Britijh Court, Captain Ingoldjby was 
 difplaced, and Gerardus Beekman exercifed the Powers of Government, from 
 the loth of jipril, 17 10, till the Arrival of Brigadier Hunter ^ on the 14th 
 of June following. The Council then prefent were. 
 
 Mr. Beekman^ 
 Mr. Van Dam, 
 Colonel Benjlaery 
 
 Mr. Mompejfon, 
 Mr. Barbariey 
 Mr. Philipfe. 
 
 Hunter was a Native of Scotland, and, when a Boy, put Apprentice to an 
 Apothecary. He left his Maftcr, and went into the Army ; and being a 
 Man of Wit and perfonal Beauty, recommended himfelf to Lady Hay^ 
 whom he afterwards married. In the Year 1707, he was appointed Lieu- 
 tenant-Govemour of Firgtma, but being taken by the French in his Voyage 
 to that Colony, he was carried into France, and upon his Return to Eng- 
 land, appointed to fucceed Lord Lovelace in the Government of this and the 
 Province of New-Jerfey. Dean Swift's Letter to him, during his Capti- 
 vity, fliews that he had the Honour of an Intimacy with Mr. Addifon and 
 others, who were diftinguilhed for their good Senfe and Learning ; and 
 perhaps it was by their Intereft, he was advanced to this profitable Place. 
 
 Governour Hunter brought over with him near three thoufand Palatines, 
 who the Year before fled to England from the Rage of Perfccution in Ger- 
 many. Many of thefe People feated themfelves in the City of New-Tor k, 
 where they built a Lutheran Church, which is now in a delining Conditi- 
 on. Otliers fettled on a Traft of fevcral thoufand Acres, in the Manor of 
 . ' R 2 Living' 
 
124 THE HISTORY OF NEW-YORK, part iv. 
 
 Livingjion, Their Village there, called the Campy is one of the pleafanteft 
 Situations on Hudfons River : right oppofite, on the Weft Bank, are many 
 other Families of them. Some went into Pennfykcmiay and by the fa- 
 vourable Accounts of the Country, which they tranfmited to Germany y 
 were inftrumental to the Tranfmigiation of many thoufands of their Coun- 
 trymen into that Province. Queen Amies Liberality to thefe People, was 
 not more beneficial to them, than feiviceable to this Colony. They have 
 behaved themfelves peaceably, and lived with great Induftry. Many are 
 rich, all are Proteftants, and well affefled 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 leuft Ground for Jealoufy 
 with refpe£t to them. Amongft us they arc few in Number, compared to 
 thofe in Pennjyhania. There they are too numerous, to be foon aflimilated 
 to a new Conftitution. They retain all the Manners and Principles which 
 prevail in their native Country, and as many of tliem are Papifts, fome 
 are not without their Fears, that fooner or later, they will become danger- 
 ous to our Colonies *. , < • ■ 
 
 The late Attempt to attack Canada proving abortive, expofed us to Con- 
 fequences equally calamitous, dreaded, and forefeen. While the Prepara- 
 tions were making to invade it, the French exerted themfelves in cajoling 
 their Indian Allies to aflift in the Repulfe j and as foon as the Scheme drop- 
 ed, numerous Parties were fent out to harafs the Englijh Frontiers. Thele 
 Irruptions were, principally, made on the northern Parts of New-England y 
 where the moft favage Cruelties were daily commited. Neia-Tork had, inr 
 deed, hitherto efcaped, being covered by the Indians 6i the Five Naf ions j but 
 the Danger we were in induced Governour Htintery foon after his Arrival, 
 to make a Voyage to Albany y where he met the confederate Chiefs, and re- 
 newed the old Covenant. While there, he was ftrongly folicited, by the 
 New-England Governments, to engage our Indians in a War with thofe who 
 were daily ravaging their Borders ; but he prudently declined a Meafure, 
 which might have expofed his own Province to a general' Devaftation. A 
 Treaty of Neutrality fubfifted, at that Time, between the Confederates and 
 
 ' • The furprifing Importation of Germans in- 
 to that Colony, gave rife to the Scheme of dif- 
 perfmg Englift) Clergymen and Schoolmailers a- 
 inongft them. The Projcft is founded on Prin • 
 ciplcs of found Polity. If a political Miilion 
 among the Indians had been fcafonably encou- 
 raged, the Province of Ptnnjj/hania might have 
 
 efcaped all that locking Devaftation, which, 
 enfucd the fatal Defeat of General Braddock's 
 Army on the 9th of Julyy 1755 } and would, 
 perhaps, have prevented even the Ereftion of 
 Fort ^tfney which has already coft the Nation 
 fo much Blood and TrealUrc. 
 
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 tlie 
 
PART IV, THE HISTORY OF NEW-YORK. 125 
 
 the Canada French and their Indians j which, depending upon the Faith of 
 lawlefs Savages, was, at beft, but precarious, and yet the only Security we 
 had for the Peace of our Borders. A Rupture between them would have 
 involved us in a Scene of Mifery, at a Time, of all others, moft unfeafon- 
 able. However the People of New-England might cenfure the Governour, it 
 was a Proof of his Wifdom to refufe their Requefl. For befides a Want of 
 Men and Arms to defend us, our Forts were fallen down, and the Trea- 
 fury exhaufted. 
 
 The new Aflembly met, at New-Torky on the ift of September. Mr. 
 Nkollj the Speaker, Mr. Living/ion, Mr. De Lancey^ and Colonel Morris, 
 were the Members moft diftinguilhed for their A6livrty in the Houfe. Mr» 
 De Lancey was a Proteftant Refugee, a Native of Caen in Normandy j and 
 by marrying a Daughter of Mr. Courtlandf, connefted with a Family, then, 
 perhaps, the moft opulent and exteniive of any in the Province. He was 
 an eminent Merchant, and, by a fuccefsful Trade, had amafled a very con- 
 fiderable Fortune. But of all thefe. Colonel Morn's had the greateft Influ- 
 ence on our publick Affairs. He was a Man of Letters, and, tho* a little 
 whimfical in his Temper, was grave in his Manners and of penetrating. 
 Parts. Being exceflively fond of the Society of Men of Senfe and Read- 
 ing, he was never wearied at a Siting, till the Spirits of the whole Company 
 were diflipated. 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 Viciffi- 
 tudes of Life. He very early loft both his Father and Mother, and fell 
 under the Pati'onage of his Uncle, formerly an Officer, of very confiderable 
 Rank, in Cromwe/rs Army j who, after the Reftoration, difguifed himfelf 
 under the ProfelFion of Quakerifm, and fettled on a fine Farm, within a 
 few Miles of the City, called, after his own Name, Morrifania. Being a 
 Boy of ftrong Paflions, the general Indications of a fruitful Genius, he gave 
 frequent Offence to his Uncle, and, on one of thefe Occafions, thro' Fear of 
 his Refentment, ftroUed away into Firginia, and thence to Jamaica in the 
 ^^e/i-Indies *, where, to fupport himfelf, he fet up for a Scrivener. After 
 feveral Years fpent in this vagabond Life, he returned again to his Uncle, 
 who received the young Prodigal with Joy j and, to reduce him to RcgU"- 
 laiity, brought about his Marriage with a Daughter of Mr. Graham^ a fine 
 
 * Hugh CoppetMvaity a Quaker Zealot, was among the Mohawks. The credulous Qiiakcr 
 
 his Preceptor: the Pupil talcing Advantage oF took it for a miraculous Call, and was upon the 
 
 his Enthufiafm, hid himfelf in a Tree, and call- Point of feting out when the Cheat was difco- 
 
 iu^tubtm, ordered him to-, preach the Ciof^el vercd. 
 
 Ladyj. 
 
126 
 
 THE HISTORY OF NEW-YORK, part ir. 
 
 ;Lady, with whom he lived above fifty Years, in the Poffeflion of every En- 
 joy mentj which good Senfe 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 *, where he fignalized himfelf in the Service both of the 
 Proprietors and the Aflembly. The latter employed him to draw up their 
 Complaint againft my Lord Cornbur)\ and he was made the Bearer of it to 
 the Queen. Tho' he was indolent in the Management of his private Af- 
 fairs, yet, thro' the Love of Power, he was always bufy in Matters of a 
 political Nature, and no Man in the Colony equaled him in the Knowledge 
 ■of the Law and the Arts of Intrigue. From this Chara6ler, the Reader 
 will eafily perceive that Governour Hunter f hewed 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 
 •oi this Aflembly. When Brigadier Hunter Ipoke to tliem, he recommended 
 the fettUng a Revenue, the Defence of the Frontiers, and the Reftoration 
 of the publick Credit, which Lord Cornhury had almoft entirely deftroyed. 
 To ftifle the remaining Sparks of our ancient Feuds, he concluded with 
 thefe Words : " If any go about to difturb your Peace, by reviving buried 
 Parties or Piques, or oeating new ones, they fhall meet with no Coun- 
 tenance or Incouragement from me j and I am fure they dcfeive as little 
 from you." The Addrefs of the Houfe was perfeftly agreeable to the 
 Governour. They promifed to provide for the Support of Government, 
 and to reflore the publick Credit, as well as to proteft the Frontiers. In 
 Anfwer to the Clofe of his Speech, they declare their Hope, " That fuch 
 as excited party Contentions might meet with as little Credit ^ and as much 
 Dijgrace^ as they defei*ve." This Unanimity, however, was foon inter- 
 rupted. Colonel Morris^ for fome warm Words droped in a Debate, was 
 expelled the Houfe j and foon after a Difpute arofe, between the Council 
 and Aflembly, concerning fome Amendments, made by the former, to a Bill 
 *' For the I'reafurers paying fundry Sums of Money" The Defign of it, in 
 mentioning the particular Sums, and rendering them iflfuable by their own 
 Officer, was to refl:rain the Governour from repeating the Mifapplications 
 which had l^en fo frequent in a late Adminiftration. The Council, for 
 
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 * He was one of the Council in that Pro - to be Governour of the Colony ; but the Ap- 
 
 vince, and a Judge of the fupreme Court th^re, pointment was changed in Favour of Lord Cern' 
 
 in 1692. Upon the Surrender of the Govern- bury^ the Qiieen's Coufin. . ; ..^ „,, , 
 
 ment to Queen ^/;w, in 1702, he was named . ,, . r 
 
 ; ! . . ,t i- ' that 
 
PART IV. THE HISTORYOF NEW-YORK. 127 
 
 that Reafon, oppoied it, and adhered to their AmendmenfS} which occa- 
 fioned a Prorogation, on the 25th of Novembery after tlie piiiing of leveral 
 other neceffary Laws. ...... .^^ - 
 
 Mr. Hunter cautioufly avoided entering, publickly, into tlie Difpute be- 
 tween the two Houfes, till he knew the Sentiments of tlie Miniltry, and 
 then he opened the Spring Seflions widi a Speech too fmgular net to be 
 inferted. 
 
 
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 " Gendemen: I hope you are now come with a Difpofition to anfwer the 
 Ends of your Meeting, that is, to provide a fuitable Support for her 
 Majefty's Government here, in the Manner fhe has been pleafed to di- 
 rect J to find out Means to reftore the publick Credit, and to provide, 
 better for your own Security. 
 
 " They abufe you, who tell you, that you are hardly dealt by in the 
 Augmentation of Salaries. Her Majefty's Inftrudlions, which I commu- 
 nicated to you at our laft Meeting, might have convinced you that it 
 was her Tendernefs towards her Subjects in the Plantations, who fuffer- 
 ed under an eftabliflied Cuftom of making confiderable Prefents to their 
 Governours, by A£ls of Affembly, that induced her to allot to each of them: 
 fuch a Salary as fhe judged fufficient for their Support, in their refpedlive 
 Stations, with a ftrift Prohibition of all fuch Prefents for the future ; 
 which Inftruftion has met with a cheai'ful and grateful Compliance in all 
 the other Colonies. 
 
 " If you have been in any Thing diftinguiflied, it is by an extraordi- 
 nary Meafure of her royal Bounty and Care. I hope you will make 
 fuitable Returns, left fome Infinuations, much repeated of late Years, 
 (hould gain Credit at laft, that however your Refentment has fallen upon 
 the Governor, it's the Government you diflike. 
 
 " It is neceffary, at this Time, that you be told alfo, tl?^*- giving Money 
 for the Support of Government, and difpofing of it at your Pleafure, is 
 the fame with giving none at all. Her Majefly is the fole Judge of the 
 Merits of her Servants. This Right has never yet been difputed at 
 Home, and fhould I confent to give it up abroad, I fhould render my- 
 felf unworthy, not only of the Truft repofed in me, but of the Society 
 of my Fellow-Subjefts, by incurring her higheft Difpleafure. If I have 
 tired you by a long Speech, I fhall make Amends by putting you to the 
 Trouble of a very fhort Anfwer. 
 
 ** Will you fupport her Majefty's Government, in the Manner fhe has 
 been pleafed to dii-e6i:, or are you refolved tliat Burden fhall lie ftill upon 
 
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 8 THE HISTORY OF NEW-YORK, part iv. 
 
 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 Government j or, to increafe 
 my Sufferings, mull I continue under the Torture of the daily Cries of 
 fuch as have jufl Demands upon you, and are in Mi(ery, without the 
 Power of giving them any Hopes of Relief ? 
 
 " Will you take more effeflual Care of your own Safety, in that of 
 your Frontiers j or are you refolved for the future to rely upon the Se- 
 curity of an open Winter, and the Caprice of your favagc Neighbours ? 
 I fliall be veiy forry if this Plainnefs offends you. I judge it neceflary to- 
 wards the eftablifhing and cultivating a good Underftanding betwixt us. 
 I hope it will be fo conftrued, and wifh heartily it may have that EfFe6l." 
 
 PART 
 
 Perplexed with this remarkable Speech, the Aflembly, after a few Days, 
 concluded, that as his Excellency had prorogued them in Fdruary^ while 
 he was at Burlington, in the Province of New-Jerfey, they could not fit and 
 acl as a Houfe ; upon which, they were the fame Day dillblved. 
 
 The five Indian Kings, carried to England by Colonel Schuyler, having 
 feen all the Curiofities in London, and been much entertained by many Per- 
 fons of Diflin6tion, returned to Bojlon, with Commodore Martin and Colo- 
 nel Nicholfon j the latter of whom commanded the Forces defigned againft 
 Port-Royal and the Coaft of Nova-Scotia. In this Enterprife the New-Eng- 
 land Colonies, agreeable to their wonted Courage and Loyalty, lent their 
 AflifVance j and the Redu61:ion of the Garrifon, which was then called An- 
 napolis-Royal, was happily completed on tlie 2d oi OSloher, 171 o. Ani- 
 mated by this, and fome other Succefles in Newfoundland, Nicholfon again 
 urged the Profecution of the Scheme for the Reduftioii of Canada ; which 
 having been flrongly recommended by the Indian Chiefs, as the only effec- 
 tual Means to fecure the northern Colonies, was now again refumed. 
 
 Towards the Execution of this Projeft, five thoufand Troops from Eng- 
 land and Flanders, were fent over under the Command of Brigadier Hill, 
 the Brother of Mrs. Majloam, the Queen's new Confident on the Difgrace 
 of the Dutchefs of Marlborough. The Fleet of Tranfports, under the Con- 
 voy oi ^\i' Hoveden Walker, arrived, after a Month's Paffage, at Bojlon, on the 
 4th of fune, 171 1. The Provifions, with which they expe6led to be fup- 
 plied there, being not provided, the Troops landed. Nicholfon, who was 
 to command the Land-Forces, came immediately to Nav-Tork, where Mr. 
 Hunter convened the Affembly, on the 2d of July. The Re-ele6lion of 
 the fame Members, who had ferved in the laft, v\'as a fufRcient Proof of 
 
 the 
 
■'»*:■ 
 
 PART IV. THE HISTORY OF NEW-YORK. 129 
 
 the general Averfion to the Eftablifhment of a Revenue. Robert Lhingjlotjy 
 J unior, who married the only Daughter of Colonel Schuyler y came in for 
 Albany -y and together with Mr. Mor/-is, wlio was again chofcn for \hc Bo- 
 rough of Weji-Cbcjlcry joined the Govcrnour's Intereft. Brigadier Hunter 
 informed the Adembly of tlie intended Expedition, and the Arrival of tlic 
 Fleet and Forces; that the Quota of this Province, fettled by the Council of 
 War, at New-London^ was 600 private Sentinels and their Officers : be- 
 fides which, he recommended their making Provifion for building Batteaus, 
 tranfporting the Troops and Provifions, fubfifting die hidiansy and for the 
 contingent Charges : nor did he forget to mention the Support of Govern- 
 ment and the publick Debts. 
 
 The Houfe v/as fo well pleafed witli the Defign upon Canada^ that they 
 voted an Addrefs of Thanks to the Queen, and fent a Committee to A7- 
 cholfony to congratulate his Arrival, and make an honoui'able Acknowledge- 
 ment of his ^* fedulous Application to her Majejiy for reducing Canada." In a 
 few Days Time, an A61 was paffed for raifmg Forces j and the Ailembly, 
 by a Refolution, according to the Governour's Advice, reftrifted the Price 
 of Provifions to certain particular Sums. Bills of Credit, for forwarding 
 tlie Expedition, were now alio ftruck, to die Amount of 10,000/. to be 
 funk in five Years, by a Tax on Eflates real and perfonal. After thefe 
 Supplies were granted, the Governour prorogued the Ailembly j tho' no- 
 thing was dene relating to the ordinary Support of Government. 
 
 While thefe Preparations were making at New-Tork^ the Fleet, confifting 
 of twelve Men of War, forty Tranfports, and fix Store-Ships, with forty 
 Horfes, a fine Train of Artillery and all Manner of wailike Stores, failed 
 for Canada^ from Bo/io?!^ on the 30th of July j and, about a Month after- 
 wards, Nicholfon appeared at Albany^ at the Head of an Army of four 
 thoufand Men, raifed in this and the Colonies of New-Jerfey and Connec- 
 ticut : the feveral Regiments being commanded by Colonel Ligoldjbyy Colonel 
 JVI^itingy and Colonel Schuyler^ the latter of whom procured 600 of the 
 Five Nations to join our Army. 
 
 The Frenchy in Canada, were not unapprifed of thefe Defigns. VaudreuiU 
 the Governour General, fent his Orders, from Montreal, to the Sieur De 
 Beaucourfy to haften the Works he was about at S^uebeck, and commanded 
 that all the Regulars and Militia fhould be held in Readinefs to march on 
 the firfl Warning. Four or five hundred IndianSy of the more diftant Na- 
 tions, arrived at the fame Time at Montreal, with MelTieurs St. Pierre and 
 Tontij who, together with die Caughnuaga Profelytes, took up the Hatchet 
 
 S in 
 
130 
 
 THE HISTORY OF NEW-YORK, part iv. 
 
 in Favour of the French. Vaudreuily after difpatching feveral Indians and 
 two Miflionaries among the Five NationSy to detach them from our Intereft, 
 went to ^ebeck^ which Beaucourt the Engineer had fufficiently fortified to 
 fuftain a long Siege. All the principal Pofts below the City, on both 
 Sides of the River, were prepared to receive the BritiJIs Troops in cafe of 
 their Landing. On the 14th of Auguji^ Sir Hoveden Walker arrived with 
 the Fleet in the Mouth of 5/. Laivrence River ; and fearing to lofe the 
 Company of the Tranfports, the Wind blowing frefli 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 utmoft Danger, 
 for they had no Soundings, were without Sight of Land, the Wind high at 
 Eaft-South-Eaft, and the Sky darkened by a thick Fog. In thefe Circum- 
 ftances the Fleet brought to, by the Advice of the Pilots, who were of O- 
 pinion, that if the Ships lay with their Heads to the Southward, they 
 might be driven by the Stream into the midft of the Channel : but inftead 
 of that, in two Hours after, they found themfelves on the North Shoi'e, 
 among Rocks and Iflands, and upon the Point of being loft. The Men of 
 War efcaped, but eight Tranfports, containing eight hundred Souls, Of- 
 ficers, Soldiers, and Seamen, were caft away. Two or three Days being 
 fpent, in recovering what they could from the Shore, it was deteimined, at 
 a Confultation of Sea Ofiicers, to return to fome Bay or Harbour, till a fur- 
 ther Refolution could be taken. On the 14th of September they arr-ived at 
 SpamJJs'Ri^ver Bay, where a Council of Wai*, confifting of Land and Sea 
 Ofiicers, confidering that they had but itn Weeks Provifion, and judging 
 that they could not depend upon a Supply from New-^nglaniiy unanimoufly 
 concluded to return Home, without making any farther Attempts j and 
 they accordingly arrived dX Porfjmouth on the 9th of OBobcr^ when, m Ad- 
 dition to our Misfoitunes, the Edgar ^ a 70 Gun Ship, was blown up, 
 having on Board above four hundi'ed Men, befides many Perfons who came 
 to vifit their Friends. - - ' \ 
 
 As foon as the Mai'quis De Vaudreiiil, by the Accounts of the Fifliermen 
 and two other Ships, had Reafon to liifpeft that our Fleet v/as returned, 
 he went to Cbambly^ and formed a Camp of three thoufand Men to op- 
 pofe Nicholfons Aimy, intended to penetrate Canada^ at that End. But he 
 was foon informed that our Troops were returned, upon the News of the 
 Diliifter Which had befallen the Fleet, and that tlie People of Albany were 
 in the utnaoft Confternation^ 
 
 -" ■•-fi V... :;■ ' rrr-!. .i'l ^•■: ■■•.:; ^,,:i.) :>;;J : ;»v; 1. :/''^ .^thv ''Tlie 
 
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 PART IV. THE HISTORY OF NEW-YORK. 
 
 The new Miniiliy arc generally ccnfurcd for tiielr Conduct in this Expc^ 
 dltion by die Whigs, who condemn both the Project and theMeafures taken 
 towards its Execution. The Scheme was never laid before the Parliament^ 
 tho' it was then fiting j but this, it is f?id, was for the greater Scci'ecy, and 
 for the fame Reafon, the Fleet was not fully victualed at Home. They 
 relied upon M"u;-£;/^Awi/ for Supplies, and this delhoyed the Delign. For 
 the Ships tarried at Bojlon, till tlie Seafon for the Attack was over. 
 
 According to Lord Hurleys Account of this Expedition, the Whole was 
 a Contrivance of BoUngbroke^ Moore^ and the Lord Chancellor Hurcourt, to 
 cheat the Publick of twenty tlioufand Pounds. The latter of thele wa< 
 pleafed to fay *' No Government was woith ferving, that would not admit 
 " of fuch advantageous Jobs." 
 
 Apprehenfive that the Enemy would fi\ll upon our Borders, as they af- 
 terwards really did, in fmall Parties, upon the Mifcarriage of that Enter- 
 prife } Governour Hunter prefl'^ tlie Aflembly, in Autumn, to continue a 
 Number of Men in Pay the enfuing Winter, ami to repah* the out Forts. 
 After the Houfe had paffed feveral Votes to this Purpofe, his Excellency, 
 during the Seflion, went up to Albany, to witlidraw the Forces of the Co- 
 lony, and give Orders for the neceflary Repairs. 
 
 The publick Debts, by this unfortunate Expedition, were become greatly 
 enhanced, and tlie Aflembly, at laft, entered upon Meafures for the Support 
 of the Government, and fent up to the Council feveral Bills for that Pur- 
 pofe. The latter attempted to make Amendments, v/hich the other would 
 not admit, and a warm Controverfy arofe between thofe two Branches of 
 the Legiflature. The Council afligned Inftances, that Amendments had 
 fonnerly been allowed j and, befides this Argument, drawn from Precedent, 
 infifted that they were a Pait of the Legiflature, confl:ituted as tlie Aflembly 
 were " by the meer Grace of the Crown j" adding that the Lords of Trade 
 had determined the Matter in their Favour. The Houfe, neverthelefs, ad- 
 hered to tlieir Refolutions, and anfwered in thefe Words : 
 
 " 'Tis true, the Share 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 j or from their being another difl:inft State, or Rank of 
 People in the Confl:itution, which they are not, being all Commons j but 
 only from the meer Pleafure of the Prince fignified in the Commifllon. 
 On the contraiy, the inherent Right the Aflfembly have to difpofe of the 
 Money of the I .eemen of this Colony, does not proceed from any Com- 
 mifllon, Letters Patent, or other Grant from the Crown j but from the 
 
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132 THE HISTORY OF NEW-YORK, part iv. 
 
 free Choice and Election of the People, who ought not to be divefled of 
 their Property (nor juftly can) without their Confent. Any former Con- 
 defcenfions, of other Aflemblies, will not prefcribe tf> the Council, a Pri 
 vilege to make any of thofe Amendments, and therefore they have it not. 
 If the Lords Commiflioners 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 Aflembly underftand 
 them very well, and are fufficiently convinced of the Neceffity tliey are 
 in, not to admit of any Encroachment fo much to their Prejudice." 
 Both Houfes adhered obftinately to their refpeftive Opmions : in Confe- 
 quence of which, the publick Debts remained unpaid, though his Excellency 
 could not omit paffing a Bill for paying to himfelf 3750 Ounces of Plate. 
 
 Upon the Return of the Fleet, Dudley^ Saltonfialy and Cranjlon^ the Go- 
 vernours of the Eaftern Colonies, formed a Defign of engaging the Five 
 Nations in a Rupture with the French^ and wrote on that Head to Mr. 
 Hunter j who, fufpicious that his Aflembly would not approve of any Pro- 
 je6t that might increafe the publick Debts, laid their Letter before the 
 Houfe, and, according to his Expectations, they declared againft the 
 Scheme. 
 
 About this Time Colonel Hunter^ by the Advice of his Council, began 
 to exercife the Oflice of Chancellor, having, on the 4th of O^ober^ ap- 
 pointed Meflieurs Van Dam and Philipfe Mailers, Mr. Whileman Rcgifter, 
 Mr. Harrijbn Examiner, and Meflieurs Sharpas and Brought on Clerks. A 
 Proclamation was then ifllied, to fignify the fiting of the Court on 'Thurfday 
 in every Week. This gave Rife to thefe two Refolutions of the Houfe. 
 
 " Refohedy That the eredling a Court of Chanceiy, without Confent 
 •' in general Aflembly, is contraiy to Law, without Precedent, and of 
 •* dangerous Confequence to the Liberty and Property of the Subjects. 
 
 *• That the eftablifliing Fees, without Confent in general Aflembly, is 
 " contrary to Law." The Council made thefe Votes the Subjeft of Part 
 of a long Reprelentation, which they fiiortly after tranfmited to the Lords 
 of Trade, who, in a Letter to the Governour, in Anfwer to it, ajiproved of 
 his erecting a Court of Equity, and blamed the Aflembly ; adding, •' That 
 " her Majefly has an undoubted Right of appointing fuch, and fo many 
 ** Courts of Judicature, in the Plantations, as" flie fliiall think neccflhry for 
 " the Diflnbution of Jufl:ice." - - 
 
 At the next Meeting, in Mdy 1712, Colonel Hunter flirongly recommend- 
 ed the publick Debts to the Conflderation of the Aflembly, informing them, 
 
PART IV. THE HISTORY OP NEW-YORK. ijj 
 
 that the Lords of Trade had fignified their Opinion, with refpe6t to tlie 
 amending Money Bills, in Favour of the Council. The Houfe negle6led 
 the Matters laid before them, and the Governcar broke up the Seflions by 
 a fhort Prorogation of three Days. After which they foon pafled an A6t 
 for paying his Excellency 8025 Ounces of Plate. Our publick Affairs never 
 wore a more melancholy Afpe6l than at tliis Jun6lure. 
 
 Among the Five Natiom many Emiflaries from the French were daily fe- 
 ducing them from the Britip Intereft, and our late ill Succefs gave fucli a 
 jiowerful Influence to their Solicitations, tliat the Indians even at Catfs Kill 
 lent a Belt of Wampum to thofe in Dutchefi County to prepare for a War. 
 The Senccas and Shawanas were alfo gi catly difaftedled, and it was generally 
 apprehended that they would fall upon the Inhabitants along Hndfons Riirr. 
 An Invafion was ftrongly fufpefted, by Sea, on the City of Nciv-Tork, where 
 they had been alarmed, in y^/r/V, by an Infurrc(!n:ion of the Negroes ; who, 
 in Execution of a Plot to fet Fire to the Town, had burnt down a Houlc 
 in the Night, and killed feveral People who came to extingiiiih the Fire, 
 for which nineteen cf them were afterwards executed. But dillreflcd as 
 the Colony then was, the Aflembly were inflexibly averfe to the Eftablifli- 
 ment of a Revenue, which had formerly been wickedly mifapplicd and ex- 
 haufted. At the enfuing Seflion, in the Fall, Colonel Hunter projwfed a 
 Scheme to the Aflembly, which was, in Subfl:ance, that the Receiver-Ge- 
 neral fliould give Secuiity, refiding in the Colony, ^or the due Execution 
 of his Office ; and, every Quarter, account, to the Governour and Council, 
 for the Sums he might receive. That the Creditors of the Government 
 (liould, every three Months, deliver in their Demands to the Governour and 
 Council J when, if that Quarter's Revenue equaled the Amount of fuch 
 Debts, the Govrnour, by the Advice of Council, fhould draw for it : but if 
 the Revenue, for that Quarter, fhould fall fliort of the Governour's Demands ; 
 then the Warrants were to be drawn for fo much only as rcmaiiicd, and 
 the Creditors fhould afterwards receive new Draffs for their Balances in the 
 next Quarter. That no Warrant ihould be illlicd, until the quarterly Ac- 
 count of the Revenue was given in ; but that then they Ihould be \x\\<\ in 
 Courfe, andan A(5lion of Debt be given againfl the Receivcr-CJentral in cafe 
 of Refufal. That he fliould account alfo to the Allembly when required, 
 and permit- all Perfons to have Recouife to his Books. The 1 loufe turned 
 a deaf Ear to this })Iaur'ble Proje*^, and dil'plealcd with a Letter from the 
 Lords of Trade, favouring the Council'* Claim to amend Money Bills, they 
 agreed upon an Addrcfs to the Queen, protefting their Willingnelir to fup*. 
 
<( 
 
 (( 
 
 134 THE HISTORY OF NEW-YORK, part iv. 
 
 port her Government, complaining of Mifapplications in the Treafuiy, in- 
 timating their Sulpicions that they were mifreprefented, and praying an In- 
 ftruclion to the Governour to give his Confent to a Law, for fupporting 
 an Agent to reprefent them at the Court of Great-Britain. Provoked by 
 this Conduct, and to put an End to the Difputes fubfiiling between the 
 two Iloufes, his Excellency difiblved the Aflembly. 
 
 Before the meeting of the next Aflembly, the Peace of Utrecht was con- 
 cluded, on the 3 1 ft of Miircby 1713. A Peace, in the Judgment of many, 
 tlilhonourable to Great-Britain^ and injurious to her Allies. I fliall only 
 confider it with relation to our India?i Affairs. The Reader doubtlefs ob- 
 fcrved, that Lord Bellomont, after the Peace at Ryjkvick^ contended with the 
 Governour of Canada^ that the Fi've Nations ought to be confidered as Sub- 
 jects of the Britijh Crown, and that the Point was difputed even after the 
 Death of Count Frontenac. It does not appear that any Decifion of tliat 
 Matter was made between the two Crowns, till the Treaty of Utrecht, the 
 XVth Article of which is in thefe Words : 
 
 " The Subjects of Franc,' inhabiting Canada, and others, fl"'.all hereafter 
 give no Hindrance or Moleftation to the Five Nations, or Cantons of /;/- 
 diansy fubjeft to the Dominion of Great Britain, nor to the otlier Na- 
 " tions of America who are Friends to the fame. In like Manner, the Sub- 
 *' jeds of Great-Britain fliall behave tliemfelves peaceably towards the A- 
 " mcricans, who are 8»ibjc('n:s or Friends to France ; and on both Sides they 
 fhall enjoy full Liberty of going and coming on account of Trade. Alfo 
 the Natives of thefe Countries fliall, with the fame Liberty, refort, as 
 they pleafe, to the BritiJJ} and French Colonies, for promoting Trade on 
 one Side and the other, without any Moleflation or Hindrance, either 
 on the Part of the BritiJJj Subjeds, or of the French. But it is to be ex- 
 a6lly and diftinftly fettled by Commiflaries, who are, and who ought 
 to be, accounted the Subje£ls of Britain or of France.'' 
 In Confe(]uence of this Treaty, the Britijh Ciown became entitled, at 
 leafl: for any Claim that could juflly be inteipofed by tlie French, to theSo- 
 veicignty over the Country of the Five Nations, concerning the Extent of 
 which, as it never was acljufled by Commiflaries, it may not be improper 
 to fay a few Words. 
 
 When the Dutch began the Settlement of this Country, all the Indians on 
 Long-ljlaud, and the northern Shore of the Sound, on the Banks of Con- 
 ncdicut, Uudfon\, Delaware, and Sufquehana Rivers, were in Subjeftion to 
 tlic Five Nations j and, within the Memory of Perfons now living, ac- 
 
 4 knowlcdgcd 
 
 i( 
 
 (C 
 
 <c 
 
 (( 
 
PART IV. THE HISTORYOF NEW-YORK. 135 
 
 knowledged it by the Payment of an annual Tribute *. The French Hif- 
 torians of Canada, both ancient and modern, agree, that the more northern 
 Indians were driven before the fuperior martial Prowefs of tlie Confederates. 
 The Author of the Book entitled, Relation de ce qui seft pajp de pha re- 
 marquahk aux MiJJion de Peres de la Compagnie de yefus, en la nowvelle France, 
 publilhed with the Privilege of the French King, at Paris, in 1661, writes 
 v/ith fuch fmgular Simplicity, as obviates the lead Sufpicion of thofe fmif- 
 ter Views, fo remarkable in the late French Hiftories. lie informs us, tha^ 
 all the northern Indians, as far as Hudfons Bay, were haralied by the Fiic 
 Nations " Partout (fays he, fpeaking in the Name of tlie Miffionarics) 
 " nous trouvons Iroquois, qui comme un Phantome impoitun, nous obfede 
 " en tous lieux." In the Account he gives of the Travels of a P'ather, in 
 1658, we are told, that the Banks of the upper Lake were lined with the 
 Algonkim, " Ou la Crainte dcs Irequois leur a fait cherxrhcr un Afyle." 
 Writing of the Hurons, " La Nation la plus fcdentaire & la j)lus prop re 
 " pour les Semences de la Foy," he reprefents them as totally deftroycd by 
 the Confederates. Charlevoix, whofe Hiftory of New Frajice is calculated 
 to countenance the Encroachments of the French^ gives the following De- 
 fcription of the Territoiy of the Confederates. 
 
 " Tiu Coimtry of the Irequois (fays he) extends itfelf between the 41(1 
 and . I agrees of North Latitude, about 70 or 80 Leagues from Eaft 
 toWe "", J.om the Head of the River, bearing for its Name that of 
 Richlieu and Sorel -f- ; that is, from Lake St. Sacrament to Niagara, and a 
 little above forty Leagues from North to South, or rather North-Eaft 
 *' and South- Weft from the Head of the Mohaivks River to the River 
 " Ohio, Thus the laft mentioned River and Pennfyhania bound it on the 
 " South. On the Weft it has Lake Ontario ; and I^ake Eric on the North- 
 '• Weft. St. Sacrament and the River St. La'wrence on tlic North ; on the 
 South and South-Eaft, the Province of Neiv-TorJ!:. It is watered with 
 many Rivers. The Land is in fome Places broken, but, generally fpcak- 
 " ing, very fertile." 
 
 In this partial Defcriptlon, the Jcfuit is neither confiftcnt witli his Geo- 
 grapher, nor feveral other French Authours, and yet bod\ his Hiftory and 
 
 <c 
 
 c< 
 
 <c 
 
 (I 
 
 (( 
 
 C( 
 
 ♦ A little Tribe fettled .it the Sunm-I.iaf 
 Mountain in Orange County, to this Day make 
 a yearly Payment of about 20/. lo. the J/«- 
 hawks. 
 
 f The River ifliiing from Lake Chnmplain, is 
 caliid, R'lvitrcs dtt Irequcit «i RiditlwH b Sortry. 
 but the Uit is now tiiod cuinnionly ulcd. 
 
 >Ii> 
 
136 THE HISTORY OF NEW-YORK, part iv. 
 
 Mr. BcWns Maps, in 1744 *, *vhich are bound up with it, furnifh many 
 ftrong Evidences in Favour of the Britijh Claims. I will point out a few 
 Inftances. The ancient Country of the Hurom is laid down on the North 
 Side of Lake £r/V, by which we are afceitained of the Extent of Territory, 
 to which the Five Nations are entitled by their Conqueft of that People. 
 The Right of the Confederates to the South Side of that Lake, is alfo efta- 
 blilhed by their Difperfion of the Cat Indiam^ to whom it originally be- 
 longed. The Land, on both Sides of tlie Lake Ontario^ is admited to be 
 theirs by this Geographer, who writes on tlie North, " Les Iroquois du 
 *' Nord," and on the South Side, " Pays des Iroquois." Hennepin^ La 
 Hontan and Delijle^ all concur with Bellin^ in extending the Right of the 
 Five Nations^ to the Lands on the North Side 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 Side thefe Iroquois Vil- 
 " lages^ Tejajahon, Rente, and Ganneoullei" every one of which is laid 
 down even in Bellins^ and almoft all the Maps I have k^n of that Country, 
 whether French or EngliJJj. What renders Hennepin s Account the more re- 
 markable is, that thefe Villages were there in 1679, feven Years after the 
 Ereftion of Fort Frontenac. From whence it may fairly be argued, that 
 their not oppofmg thofe Works, was by no Means a ccalon of the Country 
 to the French ; and indeed Charlevoix himfelf reprefents that Matter as car- 
 ried on by a Fraud, for, fays he, " Under Pretext of Jeeking their Advantage, 
 " the Governor had nothing in View, que de les tenir en Bride." 
 
 To thefe Atteftations, which are the more to be depended upon, becaufe 
 they are given by the French Writers, whofe Partiality leads them to con- 
 
 • Mr. Bell'in publifhed a new Set of Maps in 
 174.5, ^^^ ^^^ ?\?Xt being thought too favour- 
 able to our Claims, efpecially in the Protraftion 
 of the North Side of the Bay of Fundy, for 
 Nova Scotia, which, in the fecond Plate, was 
 called " the South Part of New France." Ge- 
 neral Shirley, one of the Britijh Commi/Taries 
 for fettling the difputed Limits, took Occafion 
 to fpeak of this Alteration to Mr BeUin at Paris, 
 and informed him that 100 Copies of his firft 
 Maps were difperfed in London, upon which he 
 idifcovered fome Surprife } but inftead of urging 
 «ny thu)g in Support of the Variation in his new 
 
 Draft, faid, fmiling, ** fFe in France mujt foU 
 *' low the Command of the Monarch." I mention 
 this to (hew, that fince the /V^wA Government 
 interpofcs in the Conflru£tion of their Maps, 
 they are proper Evidence againft them. Among 
 the Englijh, Dr. MitchcPs is the only authentick 
 one e:(tant. None of the reft, concerning J- 
 merica, have pafled under the Examination, or 
 received theSandiion of any publick Board ; and, 
 for this Reafon, they ought not to be conftrucd 
 to our Prejudice. Add, that they generally copy 
 from the Frtnth, 
 
 fine 
 
PARTiv. THE HISTORY OF NEW-YORK. 137 
 
 fine the Five Nations to contiafted Limits *, we may add, that our Indiam 
 univerfally concur in the Claim of all the Lands, not fold to the Englijh^ 
 from the Mouth of Sorel River, on the South Side of the Lakes Erie and 
 Ontario, on both Sides of the Ohio, till it falls into the Miffijippi -, and on 
 the North Side of thofe Lakes, that whole Territory between the Outawais 
 River and the Lake Huron^ and even beyond the Streights between that 
 and Lake Erie. This laft Traft, and the Land on the North Side of the 
 Lakes Erie and Ontario, were contained in their Surrender to King William 
 in 1 70 1 J of which I took Notice in its proper Place: and doubtlefs to 
 that, and Lord Bellomonfs Conteft with Count Frontenac, we muft afcribe 
 it, that the Five Nations were afterwards fo particularly taken Notice of in 
 the Treaty of Utrecht, 
 
 The Britijh Title to Fort Frontenac, and the Lands on the North- Weft: 
 Side of Cadaracqui River, has of late been drawn into Queftion by fome, 
 who, from Jealoufy, or other Motives equally fhameful, were bent upon 
 finding Fault with every Meafure planned by General Shirley. The Advo- 
 cates for the French Claim, relied much on a late Map of the middle Britifh 
 Colonies, and two Pamphlets publifhed by Lewis ^vans. ^ . . ;, 
 
 " The French, fays he, being in Poffeffion of Fort Frontenac, at the 
 Peace of Ryfwick, which they attained during their War with the Con- 
 federates, gives them an undoubted Title to the Acquifition of the North- 
 Weft Side of St. Lawrence River, from thence to their Settlement at 
 " Montreal." The Writer adds ; " It was upon the Faith and Honour of 
 " King Williams Promife (by the fourth Article of the Treaty of Ryjwick) 
 " of not difturbing the French King in the free Polfeflion of the King- 
 " doms, Counties, Lands, or Dominions he then injoyed, that I faid the 
 French had an undoubted Title to their Acquifition of the North- Well 
 Side of St. Lawrence River, from Frontenac to Montreal." _■/-,' • • r/ 
 Whether the Treaty ought to be confidered, as having any Relation to 
 this Matter, is a Queftion which I fhall not take upon me to determine. 
 The Map-maker fuppofcs it to be applicable, and, for the prefent, I grant 
 it T-lie Xllth Article of tliis Treaty is in theic Words : " The moft 
 
 cc 
 
 tt 
 
 « 
 
 C( 
 
 C( 
 
 fine 
 
 • Mr. Biii'in was Engineer of the Matine, 
 and tells us, that Charle'uilx pc; formed his Tra- 
 vels in this Country, by Order of the Fnnch 
 Court; that he was a Man of Attention and 
 Curiofity, and had a determined Kcfoiution to 
 collect uU polfiblc Intclligancc, which, he defign- 
 
 -*. w 
 
 ed to make publick. To give the greater Cre- 
 dit to the J<-fuit's Hiftory and his own Map, he 
 adds, that Charli'vsix was never without the Ii-,- 
 ftruments proper for a Voyager, " partoiit In BcuJ- 
 *^/ole a la main," 
 
 -I" '..7}', J >i V ■ . t< chriftian 
 
(( 
 
 (( 
 
 <c 
 
 :438 tHE HISfORY OF I^EW-YORK. I'Akf iv. 
 
 Ghriftian King fliall rcftore to the King of Great^Britainy all Countries, 
 
 Iflands, Forts, and Colonies, where{bever fitnated, which tlie Bnglifk did 
 pofiels before the Declaration of the prefent War. And in like Manner, 
 tlie King of Great-Britain fhall reftore to the mOft Chriftian King, all 
 Countries, Iflands, Forts, and Colonies, wherefoever fituated, which the 
 Vrench did poflefs before the faid Declaration of War." If therefore the 
 Britijh Subjedts were in Pdieflion of Fort Ftontenac at the Commencement 
 of the War, the French^ who attained it during its Continuance, according 
 -to this Treaty, ought to have furrendered it to the britijh Crown-. - ^ % * 
 
 Wliatever the French Title to Fort Frontenac might have been, antece- 
 dent to the Year 1688, in which the Ifland of Montreal was invaded by 
 the Five Nations, it is certain, that it was then abandoned, and that the 
 Indians entered it, and demolilhed a great Part of the Works *. But the 
 Authour of the Map affirms, " that the ENGLISH did NOT poffefs Fort 
 " Frontenac before the Declaration of War ternwiated by the Peace of Ryf- 
 " wick" To which I reply, that the Indians acquired a Title in 1688, 
 either by Conqueft or Dereli6lion, or both j and that the Crown of Great- 
 Britain had a Right to take Advantage of their Acquifition, in Virtue of 
 its Sovereignty over the Five Cantons^ That they were our Dependents, 
 was ftrongly and often infifted upon by Governour Dongan and Lord Bel- 
 lomonty and the Point remained ^/^ Judice till the Treaty of Utrecht. Then 
 a Decifion was folemnly made in our Favour, which looks back, as the 
 Determination of all Difjjutes do, at leaft as far as the firft Rife of the 
 Controverfy j pofterior to which, and prior to King William's War, his 7«- 
 dian Subjects obtained the Pofleflion of the Fort in Qiieftion -f-. Whence 
 I think it may be fairly deduced, if we take the Treaty of Ryjwick for our 
 Rule, that Fort Frontenac, which was regained by the French during their 
 War with us, ought to have been furrendered to the Britijh Crown. Every 
 publick Tranfaftion 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 particularly the 
 Treaty of Peace made between the Indians and the Chevalier De Calliercs, 
 after the Death of Count Frofitenac |. 
 
 : ^.n.» -,.;:.■• i^k The 
 
 -r- 1:' 
 
 •I 
 
 a. 
 
 * LeFort deCatarocouyctoitevacue& ruin£. t Evant't Map and firft Pamphlet, or Ana- 
 
 Charl. lyfis, were publiflied in th« Summer 1755, and 
 
 t The Five Nations entered the Fort in 1688, that Part in Favour of the FrtmhC\z\m to Fren- 
 
 and the War againft -Frantt was not proclaimed ttnac, was attacked by two Papers in the Ntu,- 
 
 till May 1689. York 
 
 ,M •\ \ 
 
PART IV. THE HISTORY OF WEW-TORK. i^ 
 
 The Pofleflion of any Part of the Country of Ac Five Nations by the 
 French, either before or fmce the Clofe of Queen Jnne'^ War, cannot pre- 
 judice the Britijh Title, becaufe the Trezty of j^'x ta€i>ape!Ie, renews and 
 confirms that executed at Utrecht in 171 3, and exprefsly ftipulates, that the 
 Dominions of the contradting Parties (hall be in the fame Condition, 
 " which they ought of Right to have been in before the late War." Com- 
 miffaries were foon after appointed to adjuft the controverted Limits, who- 
 accordingly met at Paris, and continued the Negotiation, till the French 
 King perfidioufly feized upon feveral Parts of Nova-Scotia, or Acadia, thtf- 
 Settlement of the Bounds of which, was Part of the very Bulinefs of the 
 Commiflaries. This gave Rife to the prefent Operations, and the longeft 
 Sword will determine the Conti'overfy. 
 
 Brigadier Hunter was dil'appointed in his Expedtations upon die late- 
 Difl'olution, for though tlie Elections verc very 1. r, «nd feveral new Meni-- 
 bers came in, yet the Majority were in the Interefl: of the late AflemWy, 
 and on the 27th of May, 17 13, chofe Mr. Nicoil into the Chair. The 
 Governour fpoke to them with great Plainnefs, informing them, that it 
 would be in vain to endeavour to lodge the Money alloted for the Support 
 of Government, in any other than the Hands of the Queen's Officers.. 
 Neveithelefs (fays he) if you are fb refolved, you may put the Country 
 to the Expence of a Treafurer, for the Cuftody of Money raifed for 
 extraordinary Ules." 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 palling a 13ill for that Purpofe, or breaking up 
 immediately. They chofe the former, and the Governour gave liis Afient 
 to that, and an Excife Bill on fhong Liquors, which continues to this 
 Day, producing into th* Treafury about one Thoufand Pounds per Annum. 
 
 are however juftly chargeable with many Errour^-. 
 His Ignorance of Language ia eviiiciit, both in 
 them ami the two Pampiilets of his Aiialyfis, tiie 
 hjftof which is (luffed with crounolefs Afpertions 
 qii Ciencral Shirley, who defi^rves 16 well froii'i 
 thcfe'CoIuiiieb, that on that Acccuint, ami tu 
 weaken the Au'.hoiity of a Map prejudicial tp 
 his Riajcfty's Rij^hts, I btg the Reader's K^cufu 
 fdf tiiis liifradion of the old Rule, dt nMtius 
 n:J nifi boutuii. He died at Ntw-TToiky June ii. 
 
 (C 
 
 cc 
 
 <( 
 
 York Alercmy, in "January 1756. This occa- 
 
 fioned iiis PuliIicMion of the fecoml Pamphlet 
 
 the next Spring, in which he endeavours to fup- 
 
 port his Map. He was a Man in low Circum- 
 
 Jtaiiccj, in h:s Temper precipitate, of violent 
 
 pafTioii', greiit \'atMty, and rude Manners. He 
 
 prrtended to the Knowledge of every thiig, and 
 
 yet had very little Learning. By his inquifitive 
 
 'lurn, he hlied his Head with a coiiriderable 
 
 Colledlion of Materials, and a Perlbn of more 
 
 Judgment than he had, might, for a few Days, 1756, under an Arrtfl. tor a grofs Sl.imJer, ut- 
 
 rtccive Advantages from his Cooverfation. He tcrcd- ac*ainft Mr. Msrrh, the Governour of 
 
 pi4ued hititiclf much upon hisi two Maps, which Pcniifybiamii^ 
 
 T 2 
 
 ^" > \ 
 
 Aftek.' 
 
t4® TtH E; HIS T D irY> CfF 5J E W- V O R K: part* iv. 
 
 After a (hort Recefs, feveral othier Laws wfcfe enafted in the Fall. But the 
 Debts of the Government ftill remained unnoticed, till the Suminer of the 
 Year 17 14. A long Seilion was then almoft entirely devoted to that (ingle 
 Affair. Incredible were the Nnmbers of the publick Creditors. New De- 
 mands were every Day made. Petitions came in from all Quarters, and 
 even for Debts contrafted before the Revolution. Their Amount was near 
 twenty eight thoufand Pounds. To pay this prodigious Sum, Recourfe 
 was had to the Circulation of Bills of Credit to that Value. Thefe were 
 lodged in the Hands of the Province Treafurer, and iflued by him only, 
 according to the Directions of the A6t. 
 
 . The News of the Queen's Death arriving in the enfuing Fall, a Diflblu- 
 tion enfued of courfe j and a new Houfe met in May^ ^7^5* which conti- 
 nued 6nly to the 21ft of yulye. For the Governour being now determined 
 to fubdue thofe, whom, iie> could not allure, again diflblved the Aflembly. 
 He fucceeded in his Deiign,' for though Mr. Nicoll was re-ele<51:ed into the 
 Chair on the 9th of Juney 17 16, yet we plainly perceive, by the HarmcMiy 
 introduced between the feveral Branches of the Legiflature, that the Ma- 
 jority of the Houfe were now in tfie Intereft of the Governour. -•iinu** *' 
 
 An inconteftible Evidence of their good Underftanding, appeared at the 
 Seffion in Autumn, 1717, when the Governour informed them of a Me- 
 morial, which had been fent Home, reflefting upon his Adminiftration. 
 The Houfe immediately voted an Addrefs to him, which was conceived in 
 Terms of the utmoft Refpeft, teftifying their Abhorrence of the Memo- 
 rial, as a falle and malicious Libel. It was fuppofed to be writen by Mul- 
 ford, a Reprefentative for Suffolk County, who always oppofcd the Mea- 
 fures that were taken to prefei-ve the Friendfliip of the Five Nations, and 
 fooliflily projected a Scheme to cut them off. It was printed in England, 
 and delivered to the Members at tlie Door of the Houfe of Commons, but 
 never had the Authour's intended Efte6l. -^^ -;::;-' ,^V^t'|H'*^'^ 
 
 It was at this Meeting, the Council, on the 31ft of OStoher, fent aMef- 
 fage by Mr. Alexander, then Deputy Secretary, to the Houfe, defiring them 
 ** to appoint proper Perfons, for running the Divifion Line between this 
 ■•* Colony and the Province of New-Jerjey, his Excellency being affured the 
 ** Legiflature of the Province of New-Jerjh will bear half the Expence 
 " thereof." The Affembly had a Bill before them, at that Time, which 
 aftei*wards paffed into a Law, for the Payment of the remaining Debts of 
 the Govermnent, amounting to many thouland Pounds > in which, after a 
 Recital of tlie general Reafons, for afcertaining the Limits between New 
 
 * ■■ Tork 
 
 .:'»!>. 
 
(( 
 
 (C 
 
 (( 
 
 (( 
 
 C( 
 
 « 
 
 PART IV. THE HISTORY OF NEW-YO'Rltf 14.1 
 
 Tork and New-Jerfey on the one Side, and CormeSiicut on the other, a 
 Claufe was added, to defray the Expence of thofe Services. Seven hun- 
 dred and fifty Ounces of Plate were ena6led " to be ifllied by Warrant, 
 under the Hand and Seal of the Governour of this Province for the 
 Time being, by and with the Advice and Confent of his Majefty's Coun- 
 cil, in fuch Parts and Portions as fliall be requifite for that Service, when 
 the Survey, afcertaining, and running the faid Line, Limit, and Boun- 
 " dary, fhall be begun, and carried on, by the mutual Confent and K- 
 gi-eement of his Excellency and Council of this Province, and the Pro- 
 prietors of the Soil of the faid Province of New-Jerfey" According to 
 this Law, the Line " agreed on by the Surveyors and Commiffioners of 
 ** each Colony was to be conclufive." Another Sum was alfo provided by 
 the fame Claufe, for runing the Line between New-Tork and ConneSltcut ; 
 and in the Year, 1719, an A6t waS pafled for the Settlement of that 
 Limit, of which I fhall have Occafion to take Notice in a fucceeding Ad- 
 miniftration. -Jv'"^'---*. i,*:i>itt-. iii^^itj ^ U'Vij-.'^ot >vKt. . ..^ .>**.» jfuvii;*w "t^* 
 
 Whether it was becaufe Mr. Nicoll was difgufted with the Governour's 
 prevailing Intereft in the Houfe, or to his infirm State of Health, that he 
 defued, by a Letter to the general Affembly, on the i8th of May, 1718, 
 to be difcharged from the Speaker's Place, is uncertain. His Requeft was 
 readily granted, and Robert Living Jon, Elq; chofen in his Stead. The 
 Concord between the Governour and this Aflembly, was now wound up 
 to its higheft Pitch. Inftead of other Evidences of it, I Ihall lay before the 
 Reader his laft Speech to the Houfe on the 24th of yune, 17 19, and their 
 Addrefs in Anfwer to it. 
 
 " Gentleman, I have now fent for you, that you may be Witnefles to 
 my Allent to the A6ts palled by the general Aflembly in this Seflion. 1 
 hope that what remains unfiniflied, may be perfe^ed by To-morrow, 
 when I intend to put a Clofe to this Seffion. 
 
 " I take this Opportunity alfo to acquaint you, that my late uncertain 
 State of Health, the Care of my little Family, and my private Affairs, 
 on the other Side, have at lafl determined me, to make Ufe of that Li- 
 cenfe of Abfence, which has been fome Time ago fo gracioufly granted 
 me J but with a firm Refolution to return to you again, if it is his Maje* 
 fly's Pleafure that I fhould do fo : but if that proves otherw^ife, I afilire you 
 that wliilfl I live, I fhall be watchful and induflrious to promote the In- 
 
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J4* THE HISTORY OF NEW-YORK, part iv. 
 
 tereft and Welfare of this Country, of which I think I am under the 
 ftrongeft Obligations, for the future, to account mylelf a Countiyman. 
 " I look with Pleafure on the prefent Quiet and flouriftiing State 
 of the People here, whilft I refleft on that in which I found them at 
 my Arrival. As the veiy Name of Party or Fa6lion feems to be for- 
 gotten, may it for ever lye buried in Oblivion, and no Strife ever happen 
 amongft you, but that laudable Emulation, who (hall approve himfelf 
 the moft zealous Servant and moft dutiful Subje6b of the beft of Princes, 
 " and moft ufeful Member of a well eftablifhed and flouriftiing Commu- 
 " nity, of which you Gentlemen have given a happy Example, which I 
 hope will be followed by future Aflemblies. I mention it to your Ho- 
 nour, and without Ingratitude and Breach of Duty I could do no lels." 
 
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 Colonel Morris and the new Speaker, were the Authours of the Anfwer 
 to this Speech, tho' it was figned by all the Members. Whether Mr. ten- 
 ter deferved the Elogium they beftowed upon him, I leave the Reader to 
 determine. It is certain that few Plantation Governours have the Honour 
 to carry Home with them fuch a Teftimonial as this : 
 
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 " Sb*, when we refk£t upon your pafl: Conduft, your juft, mild, and 
 tender Adminiftration, it heightens the Concern we have for your De- 
 parture, and makes our Grief fuch as Words cannot truly exprefe. You 
 have governed well and wifely, like a prudent Magiftrate, Hke an affec- 
 tionate Parent j and wherever you go, and whatever Station the Divine 
 Providence ftiall pleafe to aflign you, our fincere Defires and Prayers for 
 the Happinefs of you and yours, ftiall always attend you. 
 ** We have feen many Governours, and may fee more j and as none of 
 thofc, who had the Honour to ferve in your Station, were ever fo juftly 
 fixed in the Affections of the Governed, fo thofe 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 defu e, that you will 4iot forget this 
 as your Country, and, if you can, make hafte to return to it. 
 " But if the Service of oui* Sovereign will not admit of what we o 
 earneftly defue, and his Commands deny us that Happinefs j permit us 
 to addrefs you as our Friend, and give us your Affiftance, when we are 
 opprefled with an Adminiftration the Reverfe of yours." 
 
 3 Colonel 
 
iTARTir. THE HISTORY OF NEW-VOAK. 145. 
 
 Cotontel Hunter (fcpaithig the Pjovmce, the chief CoAimanrf devolved, 
 the 31ft of y*/r, 17 1 9, on Feter Sduvkr, FSq-, tlien the eWeft Member 
 of the Board of Council. As he had no Intei-view with the Aflembly dur- 
 ing his fhort Adminiftration, in wliich he behaved witli great Moderation 
 and Integrity j there is very little obfei-vable in his Time, except a Treaty, 
 at Albanyy with the Indians^ for confirming the ancient League ; and the 
 Tranfaftions refpefling the Partition Line between this and thfe Colony of 
 New-Jerfey : concerning the latter of which, I lliall now lay before the 
 Reader a very fummary Account. 
 
 The two Provinces were originally included in the G^rant of King Cbarkt 
 to the Duke of Tbrk. New-Jerfey was afterwards conveyed by the Duke 
 to Lord Berkley and Sir George Carteret, This again, by a Deed of Partition, 
 was divided into Eaji and Wejl Jerfey^ the former being releafed to Sir 
 Oeorge Carteret ^ and the latter to the Afllgns of Lord Berkley. The Line 
 of Divifion extended from Little Egg Harbour to the North Partition Point 
 on Delaware River, and thus both thofe Tra6^s became concerned in the 
 Limits of the Province of New-Tork. The original Rights of Lord Berk- 
 ley and Sir George Carteret j are vefted in two different Sets, confifting each 
 of a great Number of Perfons, known by the general Name of the Pro«- 
 prietors of Eaji and Wefljerfeyy who, tho* they fuiTendered the Powers of 
 Government to Queen Anne^ in the Year 1702, ftill retained their Property 
 in the Soil. Thefe were the Perfons interefted againft the Claim of New- 
 Tork. It is agreed on all Sides, that the Deed to New-Jerfey is to be firft 
 fatisfied, out of that great Traft granted to the Duke, and that the Re- 
 mainder is the Right of New-Tork. The Proprietors infift upon extend- 
 ing their northern Limits to a Line drawn from the Latitude of 41° 40' 
 on Delaware^ to the Latitude of 4 1 " , on /fo<^«'s River j and alledge, that 
 before the Year 1671, the Latitude of 41°, was reputed to be fourteen 
 Miles to the Northward of 'tappan Creek, Part of thofe Lands being fettled 
 under New-Jerfey till 1684. They fardier contend, that in 1684 or 1685, 
 Dojigan and Lawrie, (the former, Governour of Ne^^v-Tork, and the latter, 
 of New-Jerfey,) with their re^eftive Councils agreed, that the Latitude on 
 Hudfons River was at the Mouth of Tappan Creek, and that a Line from 
 thence to the Latitude of 41° 40' on Delaware (hould be the Boundary 
 Line. In 1686, Robinfon, JVelhy ^nd* Keif by Surveyors of the three fe- 
 
 -iiiii^ 
 
 * The fame who left the Quakers, and took Orders in the Church of England. 
 Hift. of his Own Times. 
 
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,144 THE HISTORY OF NEW-YORK, part iv. 
 
 veral Provinces, took two Obfervations, and found the Latitude of 41° to 
 be 1' and 25" to the Northward of the Tankers Mills, which is four Miles 
 and forty five Chains to the Southward of the Moutli of ^appan Creek. 
 3ut againft thefe Obfervations the Proprietors offer fundry Obje£Hons, 
 which it is not my Bufinefs to enumerate. It is not pretended by any of 
 the Litigants, that a Line according to the Stations fettled by Dongan and 
 Xawne was a<5i:ually run j fo that the Limits of thefe contending Provinces, 
 mufl long Iiave exifted in the uncertain Conje£hii*es of the Inhabitants of 
 both ; and yet the Inconveniencies of this unfettled State, thixnigh the In- 
 fancy of the Country, were very inconfiderable. In the Year 1701, an Aft 
 pafled in New-Tork, relating to Elections, which annexed IFagachemecky and 
 great and little Minifmk^ certain Settlements near Delaware, to Uljler Coun- 
 ty. The Intent of this Law was to quiet Difputes before fubfifling be- 
 tween the Inhabitants of thofe Places, whofe Votes were required both in 
 Orange and Uljier. The natural Conclufion from hence is, that the Legif- 
 lature of New-Tork then deemed thofe Plantations not included within 
 the New-Jerjey Grant, )^. ;• r, r, /i 
 
 Such was the State of this Affair till the Year 1717, when Provifion was 
 made by this Province for runing the Line. The fame being done in New- 
 jferfey the fucceeding Year, Commiflions for that Purpofe under the great 
 Seals of the refpedtive Colonies, were ifTued in May, 171 9. The Com- 
 miffioners, by Indenture dated the 25th of July, fixed the North Sta- 
 tion Point on the noithermofl Branch of Delaware, called the FiJJj-Kill \ 
 and from thence a Random Line was run to Hudfon's River, terminating 
 about five Miles to the Northward of the Mouth of Tappan Creek. In 
 Augujiy the Surveyors of Eajl-Jerfey met for fixing the Station on Hudfons 
 River. All the Commiffioners not attending thro' Sicknefs, nothing fur- 
 ther was done. What had already been tranfa6ted, however, gave a ge- 
 neral Alarm to many Perfons interefled in feveral Patents under New-Tork, 
 who before imagined their Rights extended to the Southward of tlie Ran- 
 dom Line. The New-Tork Surveyor afterwards declined proceeding in 
 the Work, complaining of Faults in the Xnflriiment, 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 multi- 
 plying after that Period, relating to the Rights of Soil and Jurifdiftion 
 Southward of the Line in 1 7 1 9, a probationary AiSl was pafled in New- 
 •Jerfiy, in February, J 748, for runing the Line ex parte, if the Province of 
 
 ' New- 
 
I^ARt fV. • ■ T"h¥ Hi S t oil Y OF N E W- Y O R K. 145 
 
 NeW'Tbrk'refti&d to join in tlie Work. Our Aflembly, foon after, dire6l- 
 ed their Agent, to oppofe the King's Confirmation of that Aft ; and it 
 was accordingly droped, agreeably to the Advice of the Lords of Trade, 
 whole Report of the i8th of yufyy 1753, on a Matter of fo much Import- 
 ance, will doubtkfs be acceptable to the Reader. 
 
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 " To the KING'S Most Excellent MAJESTYj 
 
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 ■ ** iWizy it pleafe your Majejlyy • ' ' 
 
 WE have lately had under our Confideration, an A61 pafTcd in 
 your Majefty's Province of Neiv-Jerfey in 1747-8, entitled, An 
 ASi for running and afcertaining the Line of Partition and Diiifon betn^ixt 
 this Province of New-Jerfey, and the Province of New- York. 
 ** And having been attended by Mr. Paris, Solicitor in Behalf of the 
 Proprietors of the Eaftern Divifion of Nar-Jerfey -y with Mr. Hume 
 Campbell and Mr. Henley his Counfel in Support of the fald Aft ; and by 
 Mr. Charles y Agent for the Vrovmc^ oi New-Torky with Mr. Forrejler 
 and Mr. Frati his Counfel againil the faid Aft ; and heard what each 
 Party had to offer thereupon j we beg Leave humbly to repref at to your 
 Majefty, that the Confiderations which arife upon this Ad . \re of two 
 Sorts, viz, fuch as relate to the Principles upon w'^'ch it is four)' .^d,. 
 
 and fuch as relate to tlie Tranfaftions and Ciraniitmces which ac- 
 company it. ■ -d J.'7i:a •;<- :r : .. •r-*;-!.^^ ::.'-^y 
 
 " As to the firft, it is an Aft of the Province of New-Jerfy interefted 
 in the Determination of the Limits, and in the confequential Advantages. 
 to arife from it. 
 
 " The Province of Neiv-yerfy, in its diftinft and feparate Capacity, 
 can neither make nor eilablifh IBoundaries : it can as little prefcribe Re- 
 gulations for deciding Differences between itfelf and other Parties con- 
 cerned in Intereft. 
 
 ** The eff:abliflied Limits of its Jurifdift'?^n and Territory, are fuch as 
 the Grants under which it claims have . igned. If thofe Grants are 
 doubtful, and Differences ariie upon the Conflruftions, or upon the 
 Matters of them, we humbly appreh^;nd that there are but two Methods 
 of deciding them : either by the Co. icurrence of all Parties concerned in, 
 Intereft, or by the regular and legal Forms of judicial Proceedings : 
 and it appears to us, t' at the Method of Proceeding muft be derived 
 from the immediate Authority of the Crown itfelf, fignified by a Com- 
 
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 146 r HE HI S T on y OF If E 'VV'-YPR K. .^^T ly. 
 
 *' imiTion from your Majefty under the great Seal : the Commiilioti of 
 fubordinate OfHcers and of derivative Powers being neither competent 
 nor adequate to fuch Purpofes : to judge other jv^ifb ,wpuI4 .iDej ^s we 
 humbly conceive, to fet vi^p ex parte pQtQrmii^^tions aiid incon^peftejat Ju- 
 rifdiftions in the Place of Juftice and legal Authority. ,, r. 
 
 " If the A(5l of Ne-w-Jerfey cannot conclude other Parties, it cannot be 
 cfFe«5tual to the Ends propofed j and that it would not be effe6hial to 
 form an abfolute Decifion in this Cafe, the Legiflature of that Province 
 feems fenfible, whilft it endeavours to leave to your Ma}efty'S' Determi- 
 nation, the Decifion of one Point relative to this Matter, and of confi- 
 derable Importance to it ; which Power your Majelly cannot derive from 
 them, without their having the Power to eftablifli the Tiling itfelf, with- 
 out the Afliflance of your Majefty. „, .„v...,j .,. yj y, ,^^»,^ ,<j,.i \-„^, •> 
 *' As we are of Opinion, tliat die prefent A6i: witfjput the poncurrence 
 of other Paities concerned in Intereft, is unwarrantable .audiAiefibclual} 
 we dial I in the next Place confider what Tranfadlions and Proceed jngs 
 have palled, towards obtaining fuch Concurrence. 
 '• The Pardes intercfted are your Majefty and the two ;Pro;»rif^cp8 of 
 Nc'v-Tork and New-Jerfcy. Your Majefty is interefted witj^ Refpedk to 
 your Sovereignty, Seigncurie, and Property j and the faid Provinces with 
 Rcfpe£t to their Government and Jurifdidion. 
 
 " Witli regard to the Tranfa6lions ^n the Pait of New-Ti^Af vye beg 
 Leave to obfen'c, that whatever Agreements have been v^s^e ^mpriy 
 between the two Provinces for fettling their Boundaries j wliateyer A6ls 
 of AH'cnibly have pafled, and whatever Commiflions have been ilfued by 
 tlie refpcdivc Governours and Governments j the Proceedings undor 
 them have never been perfe(51:ed, the Work remains unfinilhed, ^ndthe 
 Diljjutcs between the two Provinces fubfift with as much Contiadi^Hor 
 as ever ; but there is a Circumftancc diat appears to us to hi^ve ftill 
 more Weight, namely, that thofe Tranfaftions were never projKrly war- 
 ranted on tlie Fart of the Crown : the Crown never participatf^d in tliem, 
 and therefore cannot be bound with Refpei^ to its Ifi|va^$.^y JV^j^fcdr 
 ings fo autliorifed. , '• f ^ .. ,x^:/ i. . : ^j i. .. 
 
 " The Intereft which your Majefty has in the Determination of this 
 Boundary, may be confiderctl in diree Lights : eitlicr as Inteiefts of So- 
 vereignty, 1 efpedting mere Government j of Scigneurie, whicli refpeft Ef- 
 cheals, and Qiutrcnts j or of Property, as relative to the Soil itfclf ; 
 which laft Intereft, takes Place in iUch Caies, where citlicr your Majt^fty 
 
 ^j " has 
 
 
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 PARTTt^.' T M ET H I S T a R Y O F N E W-Y O R K. 147 
 
 <* hW' never m^de any Grants of the Soil, or where (hch Grants have by 
 "Efcheats reverted to your Majefty. 
 
 " With: Regard to did firft of thele Interefts, vix. that of Sovereignty, it 
 " has beenalledged to us in Support of the A£t, that it is not materially 
 ** aflfefted' by the Queftion, as both Provinces are under your Majefty's 
 ** immediate Direction and Government : but they ftand in a very different 
 Light with Refpeft to your Majefty's Intereft in the Quitrents and Ef- 
 cheats j in botli which Articles the Situation of the tv^'o Provinces ap- 
 peals to us to make a veiy material Alteration : for altho' the Province 
 of New-Jerfey is not under Regulations of Pi oj>riety or Chajter with 
 ** Refpe6l to its Government, yet it is a proprietary Province with Refpedl 
 to the Grant and Tenure of its Territory, and confcquently as Ncw-Tork 
 is not in that Predicament, the Determination of the Boundary in Pre- 
 judice to that Province, will afiedl your Majefty's Intereft with Rcfpedt 
 to the Tenure of fuch Lands as are concerned in this Queftion : it being 
 " evident, that whatever Diftrids are fuppofed to be included in the Li- 
 " mits of New-Jerjly, will immediately pafs to the Proprietors of that 
 " Province, and be held of them, by which Means your Majefty would 
 " be deprived of your Efcheats, and the Quitrents would pafs into other. 
 «* Hands. ' '■' •••""^^ '' ' "' '■" 
 
 " To obviate this Obje<5Vion, it has been alledged, that the Crown has 
 already made abfolute Grants of the whole Territory tliat can poiTibly 
 come in Queftion under the Denomination of this Boundary, and re- 
 fervcd only trifling and i^'confiderable Quitrents on thofc CJrants. But 
 '* this Argument does not fecm to ns to be concliifivc, fince it admits an 
 Intereft in your Majefty, tlie CJicuincfs or Smalhicfs of which is merely 
 accidental ; and therefore dcs not affect the Effence of the Qotftion : 
 and we beg Leave to oblcrve, that in il.e Cafe of cxoibitant (uants witli 
 inconfulerable Quitrents ; and where confcquently it may rcalbnably be 
 fuppofed, that the Crown has l)ccn deceived in liich Grants by its Offi- 
 cers J your Majefty's cont!nf!;;ent Ri[;ht of Pn)i)crty in Virtue of your Seig- 
 ncurie, lecms rather 10 be enlarged than (iiinir.illicd. , * 
 
 •• This being the Cife, it appears to us, that Governor Thntcr ought 
 not to have ilUietl his Cofimillion for running the Line above mentioned, 
 without having pixivioudy received the ro\al l)ii^5Vion and luftriiciiori. 
 for that Pur;x)fe ; an«.l tliat a Comrr'Ulon ilUud without ftuh Authority, 
 can be conCi'Licd, wh]\ \\.vS\\t\ \o the Ii:terells < 1' the Crown, in no o- 
 ther Li^ht than us a mere Nullity : ant! even with Kefpedt to Ncic-y'crky 
 
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 (48 THE HISTORY Oi^ N[EW-YORK, p^rtiv. 
 
 we obferve, that the faid Commiflion is queftionable, as it does not fol- 
 " low the Direftions of the above-mentioned Aft, pafled in 171 7, which 
 declares, that tlie Commiflion to be iflued, fhall be granted under the 
 joint Authority of the Governor and Council of that Province, fv-^ - -f? 5> 
 " But it has been further urged, that the Crown has fince confirmed 
 thefe Tranfa6lions, either by previous Declarations or by fubfequent Ac- • 
 quiefcence, and confcquently participated in them, £b far as to conclude 
 itfelf : we fliall therefore, in the next Place, beg Leave to confider the 
 Circuniftances urged for tliis PurjxjfCv 
 ** It has been alledged, that tlie Crown, by giving Confent to the afore- 
 " faid Ad:, palled mNew-JTork in 17 17, for paying and difcharging leveral 
 *' Debts due from that Colony, &c. concluded and bound itfelf, with Re- 
 " fpcft to the fubfequent Proceedings had under die Commiflion ilfued by 
 *' Governor Hunter ; but the View and Purport of that Aft appears to 
 *' us fo entire, and fo diflinftly formed for the Pui-pofe of railing Money 
 " and cftablifhing Funds j fo various and fo diftinft from any Confidera- 
 ** tion of the Difputes fubfifl:ing in the two Provinces, with Refpeft to the 
 " Bouudaiies ; that we camiot conceive a Angle Claufe in fo long and fo 
 " intricate an Aft, can be a fufficient Foundation to warrant the Pro- 
 ceedings of Governor Hunter fubfequent to it, without a fpecial Au-- 
 thority from the Crown for that Purpofe ; and there is the more Reafon 
 to be of this Opuiion, as the Crown, by giving its Aflcnt to that Aft, 
 can be conllrrued to have aflentcd only to the levying Money for a fu- 
 ture Purpofe ; which Purpofe could not be eficftcd by any Commiflion, 
 but from itfelf; and therefore can never be fuppofed to have, there- 
 by, approved a Commiflion from another Authority, which was at 
 that Tune already ifllicd, and canning in Execution, previous to fuch 
 
 Afient. • . . . r - ».' «ry M' • 
 
 *' We further beg Leave humbly to reprefent to your Majefly, that the 
 I/ine of Partition and Divifion between your Majefty's Province of New^ 
 1 Irk and Colony of Cctine^Jicut^ having been run and afcertained, pur- 
 fuant to the Dircftions of an Aft pafled, at New-Tor k, for that Pur- 
 pofe, in the Year 17 19, and confirmed by his late Majefty in 1723 } the 
 Tranfaftions between tlie faid Province and Colony, upon that Occafion, 
 have been alledged to be i\ lilar to, and urged as, a Precedent, and 
 even as an Approbation, of the Matter now in Queftion : but we are 
 humbly of Opinion, that the two Cafes are materially, and eilentially, 
 diflercnt. The Aft pafled in Ncw-Torkt in i7i9» for running and afccr- 
 
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 PART IV. THE HISTORY OF NEW-YORK. 149 
 
 taining the Lines of Partition and Divifion between that Colony and the 
 Colony of Conne£iicut recites, that in the Year 1683, the Governor and 
 " Council of NeW'Tbri, and the Governor and Commiflioners of Co«- 
 ** neSlicutf did, in Council, conclude an Agreement concerning the Boun- 
 ** daries of the two Provinces ; that, ir. Confequence of this Agreement, 
 " Commiflioners and Srrveyors were appointed on the Part of each Go- 
 ** vernment, who dia ac' aally agree, determine, and afcertain, the Lines 
 ** of Partition j marked out a certain Pait of them, and fixed the Point 
 from whence the remaining Part (hould be run : that the feveral Things 
 agreed on and done by the faid Commilfioners, were ratified by the re- 
 fpeftive Governors; entered on Record in each Colony, in March 1700J 
 approved and confirmed by Order of King Will: am ^ the third, in his Privy 
 " Council i and by his faid Majefty's Letter to his Governor of New-TlrL 
 From this Recital it appears to us, that thofe Tranla6lions were not only 
 carried on with the Participation, but confirmed by the exprefs A3: and 
 Authority of the Crown j and that Confirmation made the Foundation 
 of the Aft paffed, by Nciv-Tork, for fettling the Boundaries between the 
 " two Provinces j of all which Authority and Foundation the Aft, wc 
 now lay before your Majefty, appears to us to be entirely deflitute. 
 " Uj)on the Whole, as it appears to us, that the Aft in Queftion, can- 
 not be clleftual to the Ends propofcd ; that your Majefty's Intcreft may 
 be materially affeftal by it, and that the Proceedings, on which it is 
 founded, were not warranted in the firft Inflance, by the proper Autho- 
 rity, but cariied on without tlie Participation of the Crown ; wc cannot 
 think it advifable, to lay tliis Aft before your Majefty, as fit to receive 
 " your royal Approbation. 
 
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 PART V. 
 
 From tbe Tear 1 720, to the Commencement of the Adminijiration 
 
 <, 
 
 
 ')/l? ^ 
 
 ILLIAM BURNET', Efqj took upon him the Government 
 of tliis Province, on the 17th of September y 1720. The Council 
 iiamed in his Inftrudions, were 
 
 ; ii • "' i-n 
 
 Colonel Schuyler y 
 Colonel Vepeyjiery 
 Captain Walter, 
 Colonel Beekman, 
 Mr. Van Dam, 
 Colonel Heatbcote, 
 
 V 
 
 \\\ 
 
 *-■ -V \ ■■ #> 
 
 M ,.,1. 
 
 Mr. Barbarie, 
 Mr. Pi6/7/>/, 
 Mr. Byerly, 
 Mr. Clarke, 
 Dr. Johnjlorit 
 Mr. Uarifon, 
 
 
 Mr. Burnet was a Son of the celebrated Bifliop of that Name, whofe 
 Tiety and Erudition, but efpecially his Zeal and Aftlvity, for the glorious 
 Revolution and proteftant Succeflion, will embalm his Memoiy to the moft 
 diftant Ages. The Governour was a Man of Scnfc ami polite Breeding, a 
 well read Scholar, fprightly, and of a fecial Difpofition. licing devoted 
 to his Books, he abilained from all thole CxccUcs, into which liis plcafur- 
 able Reliih would otherwife have plunged him. He lludied the Arts of 
 
 rcconi- 
 
152 THE HISTORY OF NEW-YORK, part v. 
 
 recommending himfelf to the People, had nothing of the Morofenefs of a 
 Scholar, was gay and condefcending, affected no Pomp, but vifiied every 
 Family of Reputation, and often diverted himfelf in free Conveiie with 
 the Ladies, by whom he was very much admired. No Governour, before 
 him, did fo much Bufinefs 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 unfiiitable for a Judge, I mean his refolv- 
 ing too fpeedily, for he ufcd to fay of himfelf, " I a6l firft, and think af- 
 *' afterwards." I le fpoke however always fenfibly, and by his great Read- 
 ing was able to make a literary Parade. — As to his Fortune it was very in- 
 confiderable, for he fuffered much in the South iS^dr Scheme. While in 
 Engl^indyl^t had the Office of Comptroller of the Cuftoms at London^ 
 which he refigned to Brigadier Hunter^ as the latter, in his Favour, did 
 the Government of this and fhd Colony of New-jferfey. Mr. Burnet's 
 Acquaintance with that Gentleman gave hin a fine Opportunity, before 
 his Arrival, to obtain good Intelligence both of Perfons and Things. Tiie 
 Brigadier recommended all his old Friends to the Favour of his Succeflbr, 
 and hence we find that he made few Changes amongft them *. Mr. Mor- 
 ris, the chief Juftice, was his principal Confident. Dr. Colden and Mr. A~ 
 lexandery two Scotch Gentlemen, had the next Place in his Efteem. He 
 Ihewed 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 concerned the French 
 in Canada and our Indian Allies. The latter was bred to the Law, and 
 tho' no Speaker, at the Head of his Profeffion for Sagacity and Penetration j 
 and in Application to Bufinefs no Man could furpafs him. Nor was he 
 imacquainted with the Affairs of the Publick, having ferved in the Secreta- 
 ry's Office, the beft School in the Provmce, for Inftru<5lion in Matters of 
 CJovernment j bccaufe the Secretary enjoys a Plurality of Offices, conver- 
 fant with the firft Springs of our provincial Occonomy. Both thofe Gentle- 
 men Mr. Burnet foon raifed to the Council Boa d, as he alfo did Mr. Mor- 
 ris, jun. Mr. Fan Hcrn^ whofe Daughter he married, and Mr. Kennedy ^ who 
 fuccecded Bycrly^ both at the Council Board, and in the Office of Re- 
 ceiver-General. , ^1 
 
 * Colonel Schuyler and Mr. Philipfi were. Council, the Continuance of the Affembly, af- 
 indeed, removed from the Council Bo.\rd, by ler hii Arrival, was the Caufc of it. 
 kib KcprcTcnCitions i and their oppufuig, ia i... : 
 
 ' vjr? iii:ivi\ 
 
 Qi 
 
(( 
 
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 PARTY. THE HISTORY OF NEW-YORK. 15J 
 
 Of all our Govemours none had fuch extenfive and jiift Views of our 
 Indian Affairs, and the dangerous Neighbourhood of the French, as Go- 
 vernoiir Burnet^ in which Mr. Livingjlon was his principal Afliftant. His 
 Attention to thefe Matters appeared at the veiy Commencement of his 
 Adminiftration, for in his fiift Speech to the Aflembly, the very Fall after 
 his Arrival, he laboured to implant the fame Sentiments in the Brcalh of 
 the Members j endeavouring to alarm their Fears, by the daily Advances of 
 the Frenchy their poflelfing the main Pafles, feducing our Indian Allies, and 
 increafing their new Settlements in Louifania. 
 
 Chief Juftice Morris, whofe Influence was very great in the Houfe, 
 drew the Addrefs in Anfwer to the Governour's Speech, which contained a 
 P.alFage manifelling the Confidence they repofed in him. " We believe 
 •' that tlie Son of that worthy Prelate, fo eminently inftrumental under 
 our glorious Monarch, pyilliam the third, in delivering us from arbitrary 
 Power, and its Concomitants, Popery, Superftition, and Slavery ; has 
 been educated in, and poliefles, thofe Principles, that fo juftly recom- 
 " mended his Father to the Council and Confidence of proteftant Princes ; 
 " and fucceeds our former Governor, not only in Power, but Iiiclination, 
 " to do us good." 
 
 From an Aflembly, imprefled with fuch favourable Sentiments, his Ex- 
 cellency had the higheil Reafon, to expect a fubmiflive Compliance, with 
 every Thing recommended to their Notice. The publick Bufmefs proceeded 
 without Sufpicion or Jealoufy, and nothing intervened to dillurb the Tran- 
 quillity of the political State. Among the moft: remarkable Adls, palled at 
 this Sefllon, we may reckon that, for a five Years Support ; another for 
 laying a Duty of two per Cent, prime Cofl:, on the Importation of Eu- 
 ropean Goods, which was foon after repealed by the King; and a third, for 
 prohibiting the Sale of Itidian Goods to the French. The hifl: of tlicfe 
 was a favourite Act of the Governour's, and tho* a Law vciy advanta^^ecjus 
 to the Province, became the Source of an unreafonable Oppolition agal;ill 
 him, which continued thro' his whole Adminiftration. From the Coiiclu- 
 fion of the Peace of Utrecht y a great Trade was carried on between Allnviy 
 ;uid Canada, for Goods faleable among tlie Indians. The Chiefs of the 
 Confederates, wifely forcfaw its ill Confequences, and complained of it to 
 the Commiflioners of Indian Aftairs *, who wrote to Mr. Hunter, acquaint- 
 
 Of 
 
 * The Governours refiding at Ntiv-Yort^ be commiffioncc', zX. Aihnny, to receive Intclli- 
 rcndcrcd it nccciliiry, that fomc i'cilons fliould gcncc Iroin ilic Lidians, and treat with them up- 
 
;i54 THE HISTORY OF NEW- YORK. MRt v. 
 
 ing him of their DUTatisfaflion. The Letter was laid before tiie Houfe, 
 but no effectual Step taken to p-event the Mifchief, till the pafTing of this 
 Aft, which fubjefted the Traders to a Forfeiture of the Eftefts fold, and 
 the iPenalty of loo /. Mr. Burnet's Scheme was to draw the Ifi(Jtan Trade 
 into our own Hands i to obftruft the Communication of the Frmcb with 
 our Allies, which gave them frequent Opportunities of feducing them from 
 tlieir Fidelity j and to regain the Caghnuagas, who became interefted in their 
 DifafFeftion, by being the Carriers between Albany and Montreal. Among 
 thole who were more immediately prejudiced by this new Regulation, the 
 Importers of thofe Goods, from Europe^ were the chief; and hence the 
 Spring of their Oppofition to the Governour. • •' - 
 
 All poflible Arts were ufed, both here and at Home, to preferve the 
 good Temper of the Affembly. Brigadier Hunter gave the Miniftiy fuch 
 favourable Accounts of the Members, that Colonel Schuyler^ during his Pre- 
 fidentlhip, had Orders from Mr. Secretary CraggSy neither to diflblve them 
 himfelf, nor permit them to be diflblved j and at the Spring Seflion, in 
 the Year 1721, Mr. Burnet informed them, that his Continuance of them, 
 was highly approved at Home. Horatio JValpoUy the Auditor-General, who 
 had appointed Mr. Clarke for his Deputy, thought this a favourable Con- 
 junfture, for procuring 5 per Cent, out of the Treafury. But the Houfe were 
 averfe to his Application, and on the 2d of June^ Abraham Depeyjler^ jun. 
 was appointed Treafurer by the Speaker's Warrant, with the Confent of 
 the Governour, in the Room of his Father, who was infirm j upon which 
 he entered into a Recognizance of 5000 /. to the King, before a Judge 
 of the fupreme Court, for the faithful Execution of his Ttuft, which was 
 lodged in the Secretary's Office. The Houfe, at the fame Time, in an Ad- 
 drefs, declared their Willingnefs that the Treafurer (hould account ; but 
 
 on Fmcrgencics. This gave Rife to the Office 
 ot Commiilioncrs of Indian Affairs, who in ge- 
 neral tranfatSl all fuch Matters as might be done 
 by the Governour. They receive no Salaries, 
 but confiderable Sums arc depofited in their 
 Hands for occaf onal Prefents. There are re- 
 gular Minutes Of their Tranfaclions from the 
 Vear 1675. Thefe were in feparate Quires, 
 till Mr. yficxandtr, Vfho borrowed them for his 
 Perufal in 1751, had them bound up in four large 
 Volumes in Folio. Here all our Indian Trea- 
 ties are entered. The Bcoks are kept by a Se- 
 
 cretary, commiilioned in England^ whofe Ap- 
 pointment is an annual Salary of 100 /. Procla- 
 mation out of the Quit-Rents. The Com- 
 mandant at Ofwego is generally a Commiflioner. 
 The Office would probably have been more ad- 
 vantageous than it has been, if the Commifli- 
 oners were not Traders themfelves, than which 
 nothing is more ignoble in the Judgment of the 
 Indians. Sir IViUiatn Johnfon is at prefcnt the 
 fole Commiffioner, and within nine Months af- 
 ter the Arrival of General Brcddod, received 
 10,000 /. Sterling, to focure the Indian Intereft. 
 
 utterh 
 
PARTv. THE HISTORY OF NEW-YORK. 155 
 
 utteily refufed to admit of any Draughts upon the Treafury, for the Audi- 
 tor-General, who was conftrained to depend entirely upon the Revenue, 
 out of which he received about 200 /. per Annum. 
 
 Mr. Burnet being well acquainted with the Geography of the Country, 
 wifely concluded, that it was to the laft Degree neceflary, to get the Com- 
 mand of the great Lake Ontario^ as well for the Benefit of the Trade, and 
 tlie Security of the Friendfhip of the "Five Nations^ as to fruftrate the 
 Fretich Defigns, of confining the Englijh Colonies to narrow Limits, along 
 the Sea Coaft, by a Chain of Forts on the great Pafles from Canada to 
 Louifania. Towards the Subverfion of this Scheme, he began the Eredlion 
 of a Trading Houfe at OfwegOy in the County of the Senecasy in 17?. 2 ; and 
 recommended a Provifion for the Refidence of trufty Perfons among them, 
 and the Onondagas^ which laft pofTefs the Center of the Five Cantons. This 
 Year was remarkable for a Congrefs of feveral Govemours and Commifii- 
 oners, on the Renewal of the ancient Friendfhip with the Indians at Alba- 
 ny, Mr. Burnet prevailed upon them to fend a Meflage, to threaten the 
 Eajiern Indians with a War, unlefs they concluded a Peace with the EngliJI^^ 
 who were very much harafied by their frequent Irruptions. On the 20th 
 of May^ in the Year following, the Confederates were augmented by their 
 Reception of above 80 Nicariagasy befides Women and Children, as they 
 had been formerly, by the Addition of the Tiifcaroras. The Country of 
 tlie Nicariagas was on tlie Nortli Side of Miffilimakinacky but the Tufcaro- 
 ras poflefled a Traft of Land, near the Sources of James s River, m Virgin 
 nia^ from whence the Encroachments of the Englijhy induced them to re- 
 move, and fettle near the South-Eaft End of the Oneyda Lake. 
 
 The ftrift Union fubfifting between the feveral Branches of tlie Legifla- 
 ture, gave a Handle to Mr. Burnefs Enemies to excite a Clamour againft 
 him. Jealoufies were induftrioufly fown in the Breafts of the People. The 
 Continuance of an Affembly, after the Acceflion of a new Governour, was 
 reprefented as an anti-conftitutional Projeft j and tho* the Affairs of the 
 PubUck were conduced with Wifdom and Spirit, many were fo much im- 
 pofed upon, that a Rupture between the Governour and the AlTerably v\^as 
 thought to be abfolutely neceffary for the Weal and Safety of the Com- 
 munity. But this was not the only Stratagem of thofe who were difaffe6l- 
 ed by the Prohibition of the French Trade. The London Merchants were 
 induced to petition the King for an Order to his Governour, prohibiting 
 the Revival of the Aft made againft it, or the palling any new Law of 
 tliat Tendency. The Petition was refered to tlic Board of Trade, and 
 
 X a backed 
 
156 THE HISTORY OF NEW-YORK, part v. 
 
 backed before their Lordfliips, with Suggeftions of the moft notorious 
 Falfehoods. The Lords of Trade prudently advifed, that no fuch Dire(5li- 
 ons fliould be fent to Mr. Burnety till he had an Opportunity of anfwering 
 the Obje6lions againft the Aft. They were accordingly fent over to him, 
 and lie laid them before his Council. Dr. CoUen and Mr. Alexander exerted 
 themfelves in a memorable Report in Anfwer to them, which drew upon 
 tliem the Refentment of feveral Merchants here, who had firft excited the 
 London Petition > and laid the Foundation for a Variance between their Fa- 
 milies, which has manifefted itfelf on many Occafions. In Juftice to Mr. 
 Burnet's Memory, and to Ihew the Propriety of his Meafures for obftrucl- 
 ing the French Trade, I cannot refrain the Republication of the Council's 
 Report at full Length. 
 
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 May 'it pleafe your Excellency ^ 
 
 
 
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 IN Obedience to your Excellency's Commands, in Council, the 29th 
 of Odlcber^ referring to us a Petition of feveral Merchants in London^ 
 prefcnted to the King's moft excellent Majefty, againft renewing an kSi 
 palfcd in this Province, entitled, " An AB for Encouragement of the Indian 
 'Trade^ and rendering it more effeSiual to the Inhabitants of this Province, 
 ami for prohibiting the Selling of Indian Goods to the French." As likewife 
 the feveral Allegations of the faid Merchants before the right honour- 
 able the Lords of Trade and Plantations, we beg Leave to make the fol- 
 lowing Remarks. . ' • t 
 
 * In order to make our ObfeiVations the more diftinft and clear, we 
 fliall gather together the feveral Afleitions of the faid Merchants, both in 
 their Petition, and delivered verbally before the Lords of Trade, as to 
 the Situation of this Province, with Refpe6t to the French and Indian 
 Nations ; and obfei-ve on them, in the firft Place, they being the Foun- 
 dation on which all their other Allegations are grounded. Afterwards 
 we ihall lay before your Excellency, what we think neceflary to obferve, 
 on the other Parts of the faid Petition, in the Order they are in the Pe- 
 tition, or in the Report of the Lords of Trade. 
 
 ' In their geographical Accounts they fay, " Befdes the Nations of Indi- 
 ans that are in the Englifh Intereji, there are -very many Nations of Indians, 
 who are at prefent in the Intereft of the French, and who lie between New- 
 York and the Nations of Indians in the Englifli Interejl. T^he French 
 
 and their Indians would not permit the Englifh Indians to pafs over by their 
 
 " Forts," 
 
 III 
 
 
(( 
 
 (C 
 
 (( 
 
 PARTv. THE HISTORY OF NEW-YORK. 157 
 
 Forts" thefaid A5i " rejiraim them (the Five Nations) from a free Com- 
 merce ivith the Inhabitants of New-York. 
 
 •' I'hejive Indian Nations are fettled upon the Banks of the River St. Law- 
 I'ence, direSily oppojite to Quebeck, fwo or three hundred Leagues dijlant from 
 the neareft Britilli Settlements in New- York. . 
 
 " T'hey (the five Nations of Indians) were two or three hundred Leagues 
 dijlant from Albany j and that they could not come to trade with the Englifh, 
 but by going down the River St. Lawrence, and from thence through a Lake, 
 ' which brought them within eighteen Leagues of' Albany." 
 * Thefc Things the Merchants have tliought it lafc for them, and con- 
 fiftent with their Duty to his facred Majelly, to fay in his Majefty's 
 Prefence, and to repeat them afterwards before the right honourable 
 the Lords of Trade, though nothing can be more dire<Stly contrary to the 
 Truth. For tliere aie no Nations of Indians between New-Tork and the 
 Nations of Indians in tlie Englijh Intereft, who are now fix in Number, 
 by the Addition of the Tu/caroras. The Mohawks (called Annies * by the 
 French) one of the Five Nations^ Ijve on the South Side of a Branch of 
 Hud/on s River, (not on the North Side as they are placed in the French 
 Maps) and but forty Miles dire6lly Weft from Albany y and within the 
 ' Englijl3 Settlements j fome of the Englijli Farms, upon the fame River, 
 ' being tliirty Miles further Weft. The Oneydas (the next of the Five Na- 
 ' tions) He likewile Weft from Albany^ near the Head of the Mohawks Ri- 
 ' ver, about one hundred Miles from Albany, The Onondagas lie about one 
 ' hundred and thiity Miles Weft froni Albany ; and the Tufcaroras live partly 
 ' with the Oneydas and partly with the Onondagas. The Cayugas are about one 
 ' hundred and fixty Miles from Albany \ and the Senecas (the furtheft of all 
 ' thefe Nations, are not above two hundied and forty Miles from Albanyy 
 \ as may appear from Mr. De Uljle^ \ Map of Louifania, who lays down 
 
 * the Five Nations under the Name of Iroquois : and Goods are daily car- 
 
 * ried, from this Province, to the SenecaSy as well as to thofe Nations that 
 
 * lie nearer, by Water, all the Way, except tliree Miles (or in the dry Sea- 
 
 * fons five Miles) where the Traders carry over Land between the Mohawks 
 
 * River and tlie Wood Creek^ wliich lorns into the Oneydtis Lake, without 
 
 * going near either St. Lawrence River, or any of the Lakes upon wliich the 
 
 * French pals, which are intirely out of their Way. jviw^v ^^ 
 
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 \fiW--t ■ -vi'» 
 
 Tl-e 
 
hjS T li E H I S T O RT O F N E W-Y O R K. part v. 
 
 * The nearcft French Forts or Settlements to Albany, are Chantbly and 
 Montreal, both of them lying about North and by Eaft from Albany, and 
 are near two hundred Miles diftant from it. Rebeck lies ?b > it three 
 hundred and eighty Miles North-Eaft from Albany. So {a/ '»:. it from 
 being true, that the Five Nations are fituated upon the Banks ' lie River 
 67. Lawrence, oppofite to Rebeck, that Albany lies almoft directly betwe* ii 
 Rebeck and the Five Nations. And to fay that thcfe Indians cannot come 
 to trade at Albany, but by going down the River St. Lofwrence, and then 
 into a Lake eighteen Leagues from Albany (we fuppofe they mean Lake 
 Cbamplain) paiTrng by the French Forts, is to the fame Purpofe as if 
 they Ihould fay, that one camiot go from London to Brijiol, but by Way 
 oi Edinburgh. ■ ,* '. 'f -' ■ »' • '' 'F' ' "'-• • " 
 
 * 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-Tork and our Fi've Nations of Indians -, that 
 fome of our Nations of Indians lie between the French and the Indians, 
 from whence the French bring the far greateft Quantity of their Fui-s : 
 for the Sennekas (whom the French call Sonontouons *J are fituated between 
 Lake Erie and Cadaracqui Lake, (called by the French, Ontario) near tlie 
 great Fall of lagara -j-, by which all the Indians that live round Lake 
 Erie, round the Lake of the Hurons, round the Lake of the Illenois, or 
 Michegan, and round the great upper Lake, generally pafs in their Way 
 to Canada. All the Indians fituated upon the Branches of the Mift/Jippi, 
 mult likewife pa(s 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 Onondaga River. The neareft 
 and fafeft Way of carrying Goods upon the Cadaracqui Lake, towards 
 Canada, being along the South Side of that Lake, (near where our Indi* 
 ans are fettled, and our Trade of late is fixed) and not by the North Side 
 and Cadaracqui, or Frontinac Fort, where the French are fettled. 
 
 * Now that we have reprefented to your Excellency, that not one Word 
 of the Geography of thefe Merchants is true, upon which all their Rea- 
 ibning is founded ; it might ieem needlefs to trouble your Excellency with 
 any further Remarks, were it not to Ihow with what Eameftnefs they are 
 promoting the French Intereft, to the Prejudice of all his Majefty's Colo- 
 
 .- f- 
 
 Ifonntntowms, f Sometimes Oniaiara, Othniagam, but commonly Niagara. 
 
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 PARTv. THE HISTORYOF NEW-YORK. 159 
 
 * nies in North Americoy and that they are not afhamed of afleiting any 
 
 * Thing for that End, even in the royal Prefence. ' 
 
 * Firft they fay, *' That by the Aft paflld in this Province, entitled, An 
 Aft for the Encouragement of the Indian Trade, Cic. All Trade what- 
 focver is prohibited in the ftrifteft Manner, and under the fevercft Pe- 
 
 " nalties, between the Inhabitants of New-Tor k 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 State it was before that Aft was made, as 
 
 * it will appear to any Perfon that fhall read it : and there are, yearly, 
 
 * lai'ge Quantities of other Goods, openly, carried to Canada^ without any 
 
 * Hindrance from the Government of New-Tork. Whatever may be faid 
 
 * of the Severity and Penalties in that Aft, they are found infufficient to 
 
 * deter fome from carrying Goods clandeftinely to the French j and the Le^ 
 
 * gillatwe of this Province are convinced, that no Penalties can be too fe- 
 
 * vere, to prevent a Trade, which puts the Safety of all his Majefty's Sub- 
 ^ jefts of North America in the greateft Danger. 
 
 * Their next Aliertion is, " All the Indian Goods have by this A51 been raifed 
 " 25 /. to 30 /. per Onty This is the only Allegation in the whole Petition 
 
 * that there is any Ground for. Neverthelefs, tho' the common Channel 
 
 * of Trade cannot be altered without fome Detriment to it in the Begin- 
 
 * ning} we are affured from the Cuftom-houfe Books, that there has been 
 ** every Year, fmce the palling of this Aft, more Furs exported from Neuo- 
 
 * Torky than in the Year immediately before the pafling of this Aft. It is 
 
 * not probable that the greateft Difference between the Exportation, any 
 
 * Year before this Aft, and any Year lince, could fo much alter the Price 
 
 * of Beaver, as it is found to be this laft Year. Beaver is carried to Eri- 
 
 * tain from other Parts befides New-York^ and it is certain that the Price 
 
 * of Beaver is not fo much altered here by the Quantity in our Market, as 
 
 * by the Demand for it in Britain. But as we cannot be fo 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 Reafons from what 
 
 * the Merchants alledge. . 
 
 * The Merchants go on and fay, " Whereas, on the other Hand, this 
 " Branch of the New-Tork Trade, by the Difcouragements brought upon 
 " it by this Aft, is almoft wholly engroffed by the French^ who have al- 
 
 " read\ 
 
«( 
 
 (C 
 
 i( 
 
 160 THE HISTORY OF^NKW-YORK. part v. 
 
 " ready by this A6t, been encouraged to fend proper European Goods to 
 ** Canada, to carry on this Trade, lb that fhould this Adt be continued, 
 " the Ncw-Tork Trade, which is very confiderable, tnuft be wholly loft to 
 us, and center in the French. — Though Nino-Iork ihould not furnifh 
 them, the French would find another Way to be fupplied therewith, 
 either from fome other of jiis Majefty's Plantations, or it might be direclly 
 from Europe. — Many of the Goods, which the Indians want, being as 
 eafy to be had direftly from France or Holland^ as from Great- Britain.'' 
 
 * This is eafily anfwered, by informing your Excellency, that the prin- 
 cij)al of the Goods proper for the Indian Market, are only of the Manu- 
 faclures of Great-Britain, or of the Britijh Plantations, viz. Stiouds, or 
 Stroud-watcrs, and other Woollens, and Rum. — The French mull be 
 obliged to buy all their Woollens (the Strouds efpecially) in England, and 
 thence carry them to France, in Order to their Tranfportation to Canada. 
 
 * The Voyage to ^tebeck, through the IJay of St. Lawrence, is well 
 known to be the moft dangerous of any in the World, and only practi- 
 cable in the Summer Months. The French have no Commodities in Ca- 
 vada, by Reafon of the Cold and Barrenncfs of the Soil, proper for the 
 IVeii- India Markets ; and therefore have no Rum but by V^eilcls from 
 France, that touch at their Illands in the iFijl-Indies. Neivllrk has, by 
 Reafon of its Situation, both as to the Sea and the Indians, evciy Way 
 the Ad\antage of Canada. The New-Tor k Vcilels make always two 
 Voyages in a Year from England, one in Summci", and another in Win- 
 ter, and feveral Voyages in a "Year to the fi'i,d- Indies. It is manifeft, 
 theicfore, that it is not in the Power of tiie I) cub to import any Goods 
 near fo cheap, to Canada, as they are imported to New-lcrk. 
 
 * But to put this out of all Controverly, wc nccil only obferve to your 
 Excellency, that Strouds (without which no conliilerable Trade can be 
 carried on with the Indians) are fold at Alhanv for 10 /. a Piece : they weic 
 Ibid at Montreal, before this Ait took Place, ul 13/. is. 6 d. and now 
 they are fold there for 25 /. and upwards; wIikIi is an evident Proof, tliat 
 the French have not in thefe four Years Time (during the Continuance of 
 this Aft) found out any other Way to fupply themfelves with Strouds ; 
 and likevvife that they cannot trade without thcni, leeing they buy tiitm 
 at lb extravagant a Price. 
 
 ' It likewife appears, that none of the neighbouring Colonies have lx*cn 
 
 able 10 fupply the French with thefe Goods, and thole that Know the 
 Geography of the Country, know it is impracticable to do it at any tolc- 
 
 • lublc 
 
PART V. f H E H i ^ T O II V OF N E W-Y O R K. 
 
 /6, 
 
 rable Rate, becaufe t! y muft carry their Goods ten Times further by Land 
 than we need to do. ./Jiuhc Jr^w yie -jvv - .- ts 
 
 ' We are likewife afliired, that the Merchants of Montreal lately told Mr. 
 Vaudreuil their Governor, that if the Trade from Albany be not by fomc 
 Mean or other encouraged, they muft abandon that Settlement. We have 
 Reafon therefore ,to ful'peft, that thefe Merchants (at leaft fome of them) 
 have been praftifed upon by the French Agents in London ; for no doubt, the 
 French will leave no Method untried to defeat the prefent Deiigns of this 
 Government, feeing they are more afraid of the Conlequences of this 
 Trade between Neic-rork and the InJtans, than of all the warlike Expe- 
 ditioiis that ever were attempted againft Canada. ' i ' ' 
 
 * But to return to the Petitioners. " They conceive nothing can tend 
 more to the withdrawing the Affections of the Five Nations of Indians 
 from the EngUjo Intereft, than the Continuance of the faid Aft, which 
 in its Effects reftrains them from a free Commerce with the Inhabitants of 
 New-Tork, and may too probably eftrange tliem from the Englijlj Intereft j 
 whereas by a Freedom of Commerce, and an encouraged Intercourfe of 
 Trade with the French and their Indians^ the Englijh Intereft might, in 
 Time, be greatly improved and ftrengthened." 
 
 ' It feems to us a ftrange Argument to fay, that an Aft, the whole Pur- 
 port of which is to encourage our own People to go among the Indians^ 
 and to draw the far Indians through our Indian Country to Albany (and 
 which has tmly produced thefe EfFefts) would, on the contrai*), reft rain 
 them from a free Commerce with the Inhabitants of New-rork, an-^ may 
 too probably eftrange them f'om the Englipi Intereft ; and therefore that 
 it would be much wifer in us to make \Jk of the French^ to promote 
 the EngliJJj Intereft j and for which End, we ought to encourage a free 
 Intercourfe between them and our Indians. The Rcverfc of this is ex- 
 aftly true, in the Opinion of our Five Nations ; who in all iheir publick 
 Treaties with this Government, have reprefented againft this Trade, as 
 the building the French Ports with Englifti Strouds : that the encouraging a 
 Freedom cf Commerce with our Indians, and the Indians round them, 
 who muft pafs through their Counti*y to Albany, would certainly increafe 
 both the Englijh Intereft and theirs, among all the Nations to the Weft- 
 ward of them ; and that the carrying the Indian Market to Montreal m 
 CVi«tf<i«», draws all the far W/Vw/j thither. "i- 'ii. '' 
 
 • The laft Thing we have to take Notice, is what the Merchants aflerted 
 before the Loids of Trade, vix. •* That there lias not been half the 
 
(C 
 
 t* 
 
 162 THE HISTORY OF NEW-YORK. part v. 
 
 Quantity of European Goods exported fince the palling of this Aft, that 
 ufed to be." — * We are well aifured, that this is no better grounded than 
 
 * the above Facts they aflert with the fame Pofitivenefs. For it is well 
 
 * known, almoft to every Perfon in New-Thrk, that there has not been a 
 
 * lefs, but rather a greater, Qiyintityof jEluropean Goods, imported iito tliis 
 
 * Place, fince the palling of this Aft than was at any Time bcfoj c it, in 
 ' the fame Space of Time. As this appeals by the Manifefts in die Cui- 
 
 * tom-houfe here, the fame may like\yiir€, ]^ eafily proved by the C\illom- 
 
 * houk Books ni Lomlon. , 
 
 -/ As all the Arguments of the Merchants run upon the ill Effects this 
 ' Aft has had upon the Trade and the Minds of the Indiansy eveiy one of 
 ' which we have lliown to be atleited, without the leaft Foundation to liip- 
 
 * port them; there nothing now remains, but to fliew thegopd Effefts this 
 
 * Aft has produced, wJiich are fo nqtQiioi^ in, this Pyovincei thiiweknovv 
 \ not one Perfon that now opens, Ijis Mouth againft the A6t. t^.-jj}.^ , , 
 
 * Before this Aft palfed, none of the Peoj^le of this Proviiice tiaveiJcd 
 
 ' into the btdian Countries to trade. We have now alx>ve forty youni^ 
 
 ^ Men, who have been fevera) Times as far as the Lakes a trading, and 
 
 * thereby become well acquainted, not only with the Trade of the Indians, 
 *- but likewife with their Manners and Languages} and thofe have rctun :A 
 
 * with fuch lfc.rgc Quantities of Furs, tliat greater Numbers are rcfolved to 
 
 * follow their Example ; fo that we have good Rcafon to ho})e, that in a littic 
 
 * Time, the Englijh will draw the whole InJitin Trade oi tl*w inland Cour.- 
 
 * tries to Albany ^ and into the Countiy of tlic IVje Ncti-Afs. TXxn (Jovcrn- 
 
 * ment has built a publick Trading-houfe upon Catarc-cr^iii Lake, at Iron- 
 
 * dequat in the Sennekas Land, iind another is to be built, iKxt Spring, -At 
 ' the Mouth of the Omndtigai River. All the far IndiafU jwCs by thefe 
 
 * Places, in theu" Way to Qanada -, and they are not above half lb far from 
 
 * the Englijh Settlements, as they arc from the ttrnth. 
 
 ' So fai" is it from beuigtrue what the Merchants lliy, " TUat the Ftemh 
 '* Forts mterrupt all Communiv-rxtion between the Indmus and the Englijh-," 
 ' that if thefe Places be well fupported, as they cafily can be fioqi our Set • 
 
 * tlements, in cafe of a Rupture with the hrench, it will be in, the Power 
 ' of this Province, to intercej>t the grcateft Paj t of the Kradc between G/- 
 f muhi and the Indians round the Lakes and the Branchts of the ^fifjjipfi. 
 
 * — Since this Aft palled, many Nations have come to Albany to trade , 
 
 * and Peace and Friendlhip, wljele Names had not lb much as been heard <'i 
 
 ;<l. 
 
 'I ' n 
 
 i .1 JktXti 4i..i i 
 
 I i ti di 
 
 amoi-'^ 
 
 I • » 
 
mtLT V. THE. H'l STORY OF NE W*YOR-K. 16^ 
 
 anSion^.xrs. — In the Beginnitig of May, 1733, a Nation of hulians came 
 to Albany finging and dancing, with tlwir Calumets before them, as they 
 always do when 'they cAtnfi to anyiFlace, wiiel« diey have not been be- 
 fore. We do' wot fiml that the Gommifllbners of /«kA«// AfFahs, wcrt 
 able to inform themfelves wliW Nation liiis was. 
 
 * Towaids the End of die fame Month, eighty Men, befides tlie Womert 
 and Children, catnc to Albany in the fame Manner. Thele had one of 
 our Five i^atiom with them fbr -an Interprctei-, by whom they informed 
 the Commifilomers, that they were 1 df a great Natiort, called Nehkereagcs^ 
 confifting of fix Caftles and Tribes j and that ' they lived near a Place 
 called by tlie "French^ Mijfimakinab^ between die upper Lake and the Lake 
 of the Hurons. Thefe Indians not only defii'ed a free Commerce, but 
 likewife to enter into a ftridt League of Friendlhip with us and our Six 
 Nations t that they mi«ght be accwamedthc feventh Nation in the League, 
 and being redeived 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 learned, 
 
 * In Jufy, the I'nvightmes krrif?ed, ^»«>l brought art Indian Interpreter of 
 our Nations with them^ who told, tiiAt they v^'cre called by the French, 
 Miamics, and that they live ujxjn one of tlie Branches of the River Mi- 
 fiffippi. — At the fame Time fome of the Tahfagrondie Indians^ who live 
 between Lake Erie and the Lake Hurom, near a French Settlement, did 
 come and renew their League with the Engiijb^ nor durft: the French hin* 
 der them. — In Jul) this Year, another Nation came, whofe Situation 
 and Name wn know not ; and in Augujl and September, feveral Parties of 
 the fame Indians that had been here laft Year : but the gieateft Numbci-s 
 of thefe far Indians have been met this Year in the J"> .n Countiy by our 
 Tradcw, eveiy one of them cndeavourii^ to get before another, in order 
 to reap the Profits of {o advantageous a Trade, wliich has all this Sum- 
 mer long, kept about forty Traders conftantly employed, in goin|; be- 
 tween our Trading-places, in our hidlan Country, and Albany. -» 
 '^ ^\ thefe Nations of Indians, who came to Albany^ faitl, ibat the French 
 had told them many ft-r«nge Stories of the Englfjhy and did what they 
 could to hinder tlicir coming to Albany, but thai they had rcfolved to 
 break through by Force. The Difterence on this Score between the Tahjli- 
 grondie Indians and tlie French (who have a Fort and Settlement there, 
 called by tiiem Le Detroit) rofe to that Height, this Summer, t!iat M/. 
 
 Y 2 « f^nfi. 
 
 ill 
 
i64 THE HISTORY OF NEW-YORK, fart v. 
 
 ^ontiy who commanded there, thought it proper to retire, and return 
 to Canada with many of his Men. 
 
 * We are, for thefe Reafons, well aflfui-ed, that this Year there will be 
 more Beaver exported for Great-Britain^ than ever was from this Pro- 
 vince i.i one Year J and that if the Cuftbm-houfe Books at London be 
 looked into, it will be found, that there will be a far greater Quantity of 
 Goods for the Indians (Strouds efpecially) fent over next Spring, 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. 
 
 * Thefe Matters of Fa£t prove, beypnd Contradiflion, that this A£t has 
 been of the greatcft Service to New-Toriy in making us acquainted with 
 many Nations of Indians, formerly entirely unknown, and Strangers, to us ; 
 withdiawing them from their Dependance upon the French, and in unit- 
 ing them to us and our Indians, by Means of Trade and mutual Offices 
 of Friendfliip.— Of what great Confequence this may be to the Britijh 
 Intereft in general, as to Trade, is apparent to any Body. It is no lels 
 apparent Ukewife, tliat it is of the greateft Cv^aiequence to the Safety ot 
 all the Britijh Colonies in North Anteric^a. We feel, too lenfibly, the ill 
 Effects cf I'lie French Intereft in the prefent War betwixt New-England, 
 and only one Nation of Indians fupported by the French. Of what difmal 
 Confequences then might it be, if tlie French Ihould be ai)le to influence, 
 in the fame Manner, fo many and fuch numerous Nations, as lie to the 
 Weftward of this Province, Penjyhania and Maryland t On .the other 
 Hand, if all thefe Nations (who aflcrt their own iVeeclom, and declare 
 themfelves Friends to thofe that fupply them bell with what they want) 
 be brought to have a Dependance ujx>n the Engiip (as we have good 
 Reafon to hope in a lliort Time they will) the French of Canada, in Cafe 
 of a War, muft be at the Mercy of the EngliJIj. i „t 
 
 ' To thefe Advantages muft be added, that many of our young Men 
 having been induced by this A6t to travel among the Indians, they leain 
 their Manners, their Languages, and the Situation of all their Countries, 
 and become inured to all Manner of Fatigvies and HardHiips ; and a great 
 many more being rcfolved to follow their Examj)le, thefe young Men, In 
 Cafe of War with the Indians, will bt of ten Times tlic Sei-vice, that the 
 fatni- Nunilx;r of the common Militia can he of. -—The Effects of this 
 A6t have like wife io much quieted, the Minds of the People, with Ref^xx t 
 
 Y 
 
 to 
 
PARTY. THE HISTORY OF NEW-YORK. 165 
 
 * to the Security of the Frontiers, that our Scttlemejits are now extended 
 
 * above thiity Miles further Weft towards the Indian Countiies, than they 
 
 * were before it paffed. 
 
 * The only Thing that now remains to anfwer, is an Objeftion 
 ' which we fuppofe may be made, What can induce the Merchants of 
 ' London to petition againft an Aft, vhich will be really fo much for 
 
 * their Intereft in the End ? The Reafcn is, in all Probability, becaufe they 
 
 * only confider their prefent Gain j ind that they are not at all concerned 
 
 * for the Safety of tliis Country, in encouraging the moft neceflaiy Under- 
 ' taking, if they apprehend their Profit for two or three Years may be lell- 
 
 * ened by it. This Inclination of the Merchants has been fo notorious, 
 
 * that few Nations, at War with their Nciglibours, have been able to re- 
 
 * ftrain them from fupplying tlieir Enemies with i^mmunition and Arms. 
 
 * The Count UEJlrade, in his Letters in 1638, fays, that when the Dutch 
 
 * were befieging Antwerp^ one Beilandy who had loaded four Fly-boats with 
 
 * Arms and Powder for Antwerp^ being taken up by the Prince of Oranges 
 
 * Order, and examined at Amjlerdaniy faid boldly, that the Burghers of 
 
 * Amjierdam had a Right to trade every where : that he could name a hun- 
 
 * dred that were Fa6lors for the Merchants at Anfwerp^ 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 were neceflaiy 
 to pafs through Hell, he would venture to burn his Sails." • When this 
 Principle, fo common to Merchants, is confidered, and that fome in this 
 Place have got Eilates by trading many Years to Canaduy it is not to be 
 wondered, that tlicy have a6led as Factors for Canada in this Aftair, and 
 that they have tranfmitted fuch Accounts to their Correfpondents in Lon- 
 do}}y as are confifl:cnt with the Truft repofed in them by the Mercliants 
 of Canada. j, . ^ ./ 
 
 * In the laft Place, we arc humbly of Opinion, that it may be proper to 
 print the Petition of the Meri.hants of London ^ and their Allegivtions be- 
 fore 'iic Lords of Trade, togctlun with the Anfwers your Committee 
 has made thereto, in Vindication of the Legiilature of this Province, of 
 wliich we have the Honour to be a Part, if your Excellency (hall approve 
 of our Anfwers ; that what we have iaid may be expofed to the Exami- 
 n.uion of every one in this Place, where the Truth of the Matters of 
 Fact is bcfl: known, and that the Correfpondents of thefe Merchants may 
 have the moil publick Notice to reply, if they Ihall think it proper, ixi 
 
 • to 
 
 IC 
 
 tc 
 
 IV' 
 
i66 THE HISTORY OF NEW-YORK. part v. 
 
 * to difown, ill a publick Manner, that they are the Authors of fuch 
 
 * groundlefs Informations. All which is unanimoufly and humbly fub- 
 
 * mitted by 
 
 f:t, . ->} jv« nur Excellency's ''V ^^'^ «!'''*' ^' /'''^ ^^f ' 
 
 V?J.* r^M.'/Jj^ 
 
 '^i„).i'i : 
 
 * Af^ obedient bumble Servants, ^^'' 
 
 ..» /iiJl) 
 
 ''^ 'H'o |f* R.Walter, * '' ' 
 
 ':;j| J*; V"' ' John Barbaric, ■ '''^ -^^ 'j * '^Abraham Van Horned ■.i^" ''' ' 
 
 ... A . .J. 
 
 * Cadwallader CoMen, 
 
 * yames Alexander , 
 
 * Fr. Harrifon, 
 
 lift •> 
 
 ♦«■. t > 
 
 Goveniour Burnet tranfmited this Report to tbe Boartl of Trade, and it 
 had thf iiitended EfFeft. About the latter End of the Year 1724, an Un- 
 fortunate Difpute commenced in tlie French Chinch, of which, becaufe it 
 had no <nij 11 Influence on the jSublick Affaii*s of the Government, I fhall 
 lay before tie Reader a fliort Account. ^ "' ' • '"-' ''■•**" 
 
 - The F<^ ftcutions in France, which enfued upon the Revocation of the Edi6i 
 r.f Naniz, drove the proteftant Subje6ls of Louis XIV. into the Territories of 
 Dfhe" *'ruv ::s. Many of them fled even into this Province: the mofl: opulent 
 itJpf*. "' the City of New-Tork, others went into the Country and planted 
 />w R"".-' He, and a few leated tlicmfelves ?.z the New Paltz mUlJler Cowniy . 
 Thole who refided in Ne^jv-Tvrk foon ercrtcd a Chiii ch, upon the Principles 
 and Model of that in Geneva j and by their Orov. th and foreign Acceflions, 
 formed a Congregation, for Numbers and Riches, fuperior to all but the 
 Dutch. They had two Minifters ; Rou, the firfl: called, was a Man of 
 Learning, but proud, pleafurable, and paflionate. Mculimmrs, his Col- 
 league, was moft: diftingiiiilied for his pacifick Spirit, dull Parts, an^i un- 
 blameable Life and Converfntion. /2ci/ dcfpifed his Fellow Labourer, and 
 foi* a long Time commainied the whole Congregation, by the Superiority of 
 his Talents for the Pu'pit. The other impatient of rcjieatcd Affronts and 
 open Contempt, rail'^d a Party in Ins Favour, and this V'cnr fucceedcd in 
 tiie Eledlion of 9 jet of Elders, difpofed to humble the Delinquent. Rou 
 Ijcing iufpicious of the Dcfign, frfulecl to acknowledge them duly clcftcd. 
 Incenfed at thi.> Condu^l, they :r» ereii an A6> hi their Minutes, difmifling 
 him from th*? pastoral Charge ot rhc Church, :\pA procured a Ratification 
 of the A6t under the Hands ot the Majority of the People. Govei-nour 
 Burnet had, long before this Time, admited Rou into his Familiarity, on 
 
 the 
 
 cr. 
 
PARTv. THE HISTORY OF N E W-Y O R K. 167 
 
 the Score of his Learning ; and that Confideration encouraged a Petition 
 to liim, from Rous Adherents, complaining againft the Elders. The Matt- 
 er was then refered to a Committee of the Council, who advifed that the 
 Congregation fliould be admoniihed, to bring tlieir Differences to an "^ar 
 cable Conclufior Some Overtures, to that End, were attempted j and . ae 
 Elders offered to fubmit the Controvcrfy to tlie Dutch jMinifters. But Rou, 
 who knew that the French Church hi this Couutiy, without a Synod was 
 unorganized, and could not reftrain him, cholc radier to bring lus Bill in 
 Chaficcf\ before tiie Governour. 
 
 Mr. Alexanii:r was his Council, and l\lv. Smith *, a young Lawyer, of the 
 firft Reputation as a Speaker, appeared for the Elder j. lie ])ieadcd to the 
 Jurifdiction of the Court, infilling that the Matter was cntiiely eccleriafti- 
 cal, and, in the Profecution of liis Argument, entereil largely into an Ex* 
 amination of the Government of tlie Proteftant Churches in rrance. Ac- 
 cording to which, he flievved that the Confiftory were the proper Judges of 
 the Point in Difpute, in the hrft Inftance j and that from thence an Appeal 
 lay to a Collogue, next to a Provincial, and laft of all to a national Synod. 
 Mr. Burnet neverthelels over-ruled the Plea, and the Defendants, being fear- 
 ful of a Decree, that might expofe their ow)i Eftates to the Payment of 
 Rous Salary, diought it advifable to diop their Debates, reinftate the Mmi- 
 fter, and leave the Church. 
 
 A'' thofe who oppofed Rou were difobliged with the Governour: among 
 thefe Mr. De Lancey was the moil confiderable for his Wealth and popular 
 Influence. He was very rigid in his religious Profelfion, one of the fiift 
 Builders, and by fai- the moft geneious Benefa<5lor, of the French Church, 
 and therefore left it with the utmoft Reludtance. Mr. Burnet ^ before this 
 Time, had confidered him as his Enemy, becaUfe he had oppofed the Pro- 
 hibition of the French Trade j and this led him into a Step, wliich, as it was 
 a perfonal Indignity, Mr. De Lancey could never recollect witliout Refent- 
 ment. This Gentleman was returned for the City of New-Torky in the 
 Room of a deceafed Member, at the Meeting of th»: ^\llembly in September 
 1725. When he offered himfelf ^or the Oaths, Mi . Burnet alkcd him how 
 lie became a Subjed of the Crown ? 1 le anfwcrcd, that lie was denized in 
 Engliiml, and his Excellency dilhillled hini, lakingTime to confider the Matt- 
 QV. Mr. De Lancey then laid before the Mouie an Aft of a Notary Pub- 
 
 • Thefc (jciulimcii came into iho Colony in swron;! the principal Agents in the political 
 t\\e r,riaie Ship in 1715. 1 he iattci was born 4t Stiu^^ikdunuj^tJiC AdtniiiiitratMtiol Cul. Cijiy. 
 Ncu,'port Fagnd in Buckingbamjhut, They were , . %. 
 
 J fick. 
 
i68 THE HISTORY OF NfiW-YORK. part v. 
 
 lick, certifying that he was named in a Patent of Denization, granted in the 
 Reign of James the Second — A Patent of the fame Kind, under the Great 
 Seal of this Province, in 1686 — And two Certificates, one of his having 
 taken the Oath of Allegiance, according to an A6t pafled here in 16S3, 
 and another of his ferving in feveral former Ailemblies. The Governour, 
 in the mean Time, confultcd the Chief Juftice, and tranfmited his Opinion 
 * to the Iloufe, who refblved in Favour of Mr. De Lancey. Several other 
 new Reprefentatives came in, at this Sefllon, upon tlie Deceafe of the old 
 Members j and Adolph Pbilipfe^ who was fometime before difmilFed from 
 the Council Board, v^as ele<b1:ed into the Speaker's Chair, in the Abfcnce of 
 Mr. Livingjion. The Majority, however, continued in the Intereft of the 
 Governour j and confented to the Revival of the feveral Afls, which had 
 been palled for prohibiting the French Trade j which in Spite of all the Re- 
 ftraints laid upon it, was clandeftinely carried on by the People of Albany. 
 OJwegOy neverthelefs, grew confiderable for its Commerce : fifty -feven Ca- 
 noes went theie this Summer, and returned with feven hundred aad thirty- 
 eight Packs of Beaver and Deer Skins. 
 
 Nothing could more naturally excite the Jealoufy of the French^ than the 
 Erc6Vionof the new trading Houfe at the Mouth of the OnanJaga River. 
 Feaiful of lofing a profitable Trade, which they had almoft entirely en- 
 grofled, and the Command of the Lake Otitario, they launched two Veflels 
 in it in 1 726, and tranfported Materials, for building a large Store-houfe, and 
 repairing the Fort at Niagara. The Scheme was not only to (ecure to them- 
 felves the Entrance into the Weft End of the Lake, as they already had the 
 Eaft, by the fraudulent Erection of Fort Frcntemc, many Years before ; 
 but alfo to carry their Trade more wefterly, and thus render OJhvego ufclefs, 
 by (hortening the Travels of the Weftern Indians^ near two hundred Miles. 
 Baron De Longueil, who had the chief Command in Canadii, on the Death 
 of the Marquis de Faudn'uU in OBober 1725, was (b intent upon this Pro- 
 ject, that he went, in Perfon, to the 0«W^^o Canton, for Leave to raife the 
 Storc-houfe at Niagara : and as thofe Indians were moft of all expofed to 
 the Intrigues of the Jefuits, who conftantly refided amongft them : he pre- 
 vailed U|K)n them by Fraud and falfe Reprefentations to confent to it, for 
 their Protection againft the Englijh. But as foon as this Matter was made 
 known to the other Nations, they declared the Permifllon granted by the 
 
 * What Col. Ahn I i?, O^\n\on was, I have an Invafion of the Rights of the AfTcmbly, who 
 not been able to difcover. (.ioverrtour Burnetii claim the exclufive Privilege of detrrniiiiing the 
 Conduct was thought tu be unconitiiutional, and Quulijications of their own Members. 
 
 Otiondagas 
 
 PART 
 
PARTv. THE HISTORY OF NEW-YORK. 169 
 
 Ofiondagas to be abfolutely void ; and fcnt Deputies to Niagara, with a Mef- 
 fage, fignifying that the Countiy in which they were at Work, belonged 
 folely to the Sennecas j and required them immediately to defift. The French, 
 notwithftanding, were regardlels of the Embaflage, and pufhed on their 
 Enterprife with all poflible Difpatch, while Joncaire exerted all his AddreH^ 
 among the Indians, to prevent the Demolition ot the Works. Canada was 
 very much indebted to the incelfant Intrigues of this Man. He had been 
 adopted by the Sennecas, and was well ertecmed by the Onondagas. He 
 fpoke the Indian Language ds Charlevoix informs us, '* avec la plus fublinie 
 " eloquence Iroquoife," and had lived amongll: them, after their Manner, 
 from the Begining of Queen Amies Reign. All thefe Advantages he im- 
 proved for the Intereft of his Country ; he facilitated the Miffionaries in their 
 Progrefs through the Cantons, and more than any Man contributed to ren- 
 der their Dependence upon the EngliJJj, weak and precarious. Convinced 
 of this, Colonel Schuyler urged the Indians, at his Treaty with them, in 1719* 
 to drive Joncaire out of their Countiy, but his Endeavours were fruitlefs *. 
 
 The Jefuit Charlevoix does Honour to Mr. Burnet, in declaring that he 
 left no Stone unturned, to defeat the French Defigns at Niagara. Nor is it 
 much to be wondered at. For befides fupplanting his favourite Trade at Of" 
 laego, it tended to the Defection of the Five Nations ; anil in Cafe of a Rup- 
 ture, expofed the Frontiers of our Southern Colonies to the Ravages of the 
 French and their Allies. Mr. Burnet, upon whom thefe Confiderations made 
 the deepeft Impreflion, laid the Matter before the Houfe, remonftrated againil: 
 the Proceedings to Longuiel in Canada, wrote to the Miniftry in England, 
 who complained of them to the French Court, and met the Confederates at 
 Albany, endeavouring to convince tliem of the Danger they themiclves would 
 be in, from an afpiring, ambitious, Neighbour. He fpoke firft about the 
 Affair privately to tlie Sachems, and afterwards, in the publick Conference, 
 informed them of all the Encroachments which the French had made upoii 
 their Fathers, and the ill Ufage they had met with, according to La Pot he- 
 He's Account, publiflied with the Privilege of t!ie French King, at Paris, in 
 1722. He then reminded tliem of the kind Treatment they had received 
 from the Englijh, who conflantly fed and cloathed them, and never attemjJt- 
 cd any A6t of Hcftilities to their Prejudice. This Speech was extremely 
 well drawn, the Thoughts L^^.i^; conceived in flrong Figures, particularly 
 
 * The fame Thing has finre been frequently ther, till General Shiiliy., while he was at 0/- 
 l;ibourc(l, hut to no Putpofe. His Son con- tvtgo \n i-j ^'^^ prevailed apon the »V/-;waw to or- 
 tiiiucd the Courfe of liitrij^ues begun by the Fa- der him x.oCa'iii(Iu, 
 
 Z expreflive 
 
170 THE HISTORY OF NEW-YORK, party. 
 
 expreflive and agreeable to the Indians. The Govcrnour reqi'Ired an explicit 
 Declaration of their Sentiments, concerning the French TranradioiiS at A7- 
 ag^ra^ and their Anfwer was ti'uly categorical. " We fpeak now in the 
 •' Name of all the Six Nations ^ and come to you howling. This is the 
 " Reafon why we howl, that the Governor of Canada incroachcs on our 
 " Land and builds thereon." After which they entreated him to write to 
 tlie King for Succour. Mr. Burnet embraced this favourable Opportunity 
 to procure from them a F/eed, f^rrendering their Country to his Majelly, to 
 be protefted for their Ufe, and confirming their Grant in 1701, concerning 
 which tliere was only an Entiy in the Books of the Secretaiy for Indian Af- 
 fairs *. It happened very unfortunately, that his Excellency's Hands were 
 then more weakened than ever, by the growing DifafFedion in the Houfe. 
 The Intrigues of his Adverfaiies, and the frequent Deaths of the Members, 
 had introduced fuch a Change in tlie AHembly> that it was wit 1 Difficulty he 
 procured a three Years Support. The Clamouis of the Pe*' )le ran fo high 
 without Doors for a new Election, that he was obliged to diflblve the Houle, 
 and fbon after another Diflfolution enfued on the Death of the King. The 
 French^ in the mean Time, completed their Works at Niagara^ and Mr. 
 Eurnety who was unable to do any Thing elfc, erefted a Fort, in 1727, for 
 the Protecftion of tlie Poft and Trade at Ofwego. This necelfary Undertak- 
 ing was pregnant with the mofl: important Confequences, not only to this, 
 but all our Colonies -, and though the Governour's feafonable Aftivity, de- 
 ferved the higheft Teftimonials 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 above 56 /. Principal, though frequently demanded, 
 remains due to his Eitate to this very Day. 
 
 Beaubarnoisy the Governour of Canada^ who fuperfeded Longuiel, was fo 
 incenfcd at the building of the Fort, that he fent a writen Summons, in Ju- 
 ly y to the Officer ported there, to abandon it ; and though his Predeceflbr had 
 done the fame, a little before, at Niagara, in tlie County of tlie Sennecas, 
 
 * Bcfides the Territories at the Weft End ot 
 Lake Erie, and on the North Side of that, and 
 the Laite 0/7/<w/o, whiLh were ceded in 1701 ; 
 the Indians now granted, for the fame Purpofe, 
 all their Habitations from Ofuiego to Cayahoga 
 River, which difembogiics into Lake Erie, and 
 the Country extending fixty Miles from the 
 Southermuil Banks of thofc Lakes. Tiiough 
 
 the firft Surrender, through Negligence, was 
 not made by the Execution of a formal Deed 
 uiiucr Seal; yet as it w^s tranfafled with all the 
 Solemnity of a Treaty, an- as the fecond Sur- 
 render confirms the firft, no intermediate Pof- 
 feffion by the Frcmh can prejudice the Britljh 
 Title derived by the Ccflion in 1 701. 
 
 •' ' . tllG 
 
PARTv. THE HISTORY OF NEW-YORK. i7t 
 
 tlie acknowledged Subjefts of the Britijb Crown *, yet, with a fingular Ef- 
 frontery, he difpatched De la Chiiffaigne, a Man of Paits and Governour of 
 ^rois Rivieres, to New-Tork, with the ftrongeft Complaints to Mr. Burnet 
 upon that Head. His Excellency fent him a polite, but refolute, Anfwer 
 on the 8th of yltigujl ; in which he refuted the Arguments urged by the 
 French Governour General j and remonftrated againft the Proceedings, of 
 the laft Yeai", at Niagara. 
 
 The new Aflembly met in September 1727, and confifted of Members all 
 ill affefted to the Governour. The long Continuance of the laft, the Cla- 
 mours which were excited by feveral late important Decrees in Chanceiy, the 
 Aft'air of the Fre?uh Church, and efpecially the prohibiting the Canada Tra'de, 
 were the Caufes, to which tlie Lois of his Intcrell is to be afcribed. Mr. 
 Philipfe, tlic Speaker, was piqued at a Decree in Chancery againft himfelf, 
 which very much aftetled his Eftate j no Wonder then that the Members, 
 who were very much influenced by him, came, on the 25th of November^ 
 into the following Refolutions. Colonel H from the Committee of Griev- 
 ances, reported, " That as well by the C ^plaints of feveral People, as by 
 ** the general Cry of his Majefty's SubjejSts inhabiting this Colony, they find 
 that the Court of Chancery, as lately afTumed to be fet up here, renders the 
 Liberties and Properties of the faid Subjeds extreamly precarious j and 
 that by the violent Meafures taken in, and allowed by it, Ibme have been 
 " ruined, others obliged to abandon the Colony, and many reftraincd in it» 
 either by Imprifonment or by exceflive Bail exacted from them not to de- 
 part, even when no Manner of Suits are dej^ending againft them : and 
 therefore are of Opinion, that the extraordinary Proceedings of tliat 
 Court, and the exorbitant Fees and Charges, countenanced to be exa6led 
 by the Officers and Praftitioners thereof, are the greateft Grievance and 
 Oppreflion this Colony hath ever felt : and that for removing the fatal 
 
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 * Though the Sovereignty over the Five Na- 
 tions was ceded to Great-Britain, and Charlevoix 
 himfelf had acknowledged that Niagara was 
 Part of their Country, yet the pious Jefuit ap- 
 plauds the Fremh Settlement there, which was 
 ib manifcft an Infraction of the Treaty oi Utrecht, 
 The Marquis De Nenville, in his Letter to the 
 Court of France in i686, propofed the Eredlion 
 of a Fort there, to fecure the Communication 
 with the Lakes, and deprive us of a Trade which 
 he computed to be worth 400,000 Francs per 
 Annum. Charltvai.\y perhaps, confidcred thefe 
 
 4 z 
 
 Advantages fufficient to juftify the Violation of 
 publick Faith ; reafoning upon the Principles of 
 Le Chevalier de Callieres, who thought the Lega- 
 lity of making a Conqucft of New-Tork, during 
 the ftrift Peace in James lid's Reign, might be in- 
 fered from the Benefit, that would, thereby, 
 accrue to the French Colony, " que il n'y avoit 
 " point d'autre voyc pour confcrvcr la Colonie, 
 " quedenous rcndre maitres de \i,Nouvclle Yorki 
 « & que cette conqucte etoit legitime par la 
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 172 THE HISTORY OF NEW-YORK, part v, 
 
 Confequences thereof, they had come to feveral Refolutions, which being 
 read, were approved by the Houfe, and are as follow : 
 " Refohed, That the Erefting or Exerciling, in this Colony, a Court of 
 Equity or Chancery (however it may be termed) without Confent in Ge- 
 neral Aflembly, is unwarrantable, and contrary to the Laws of England, 
 and a manifeft Oppreflion and Grievance to the Subjects, and of perni- 
 cious Coiiiequence to their Liberties and Properties. . r.-. .._ i 
 " Rejbhed, That this Houfe will at their next Meeting prepare, and pafs, 
 yin A51 to declare and adjudge all Orders, Ordinances, Devices, and Pro- 
 ceedings, of the Court, fo affumed to be erefted and exercifed as above- 
 mentioned, to be illegal, nill, and void, as by Law and Right they ought 
 to be. 
 
 " Refohedy That this Houfe, at the fame Time, will take into Confide- 
 ration, whether it be neceflary, to eftablifh a Court of Equity or Chancery 
 in this Colony j in whom the Jurifdidlion thereof ought to be veiled, and 
 ** how far the Powers of it Ihall be prefcribed and limited." 
 
 Mr. Burnet no fooner heard of thefe Votes, than he called the Members 
 before him, and diflblved the Aflembly. They occafioned, however, an Or- 
 dinance in the Spring following, as well to remedy fundry Abufes in the 
 Practice in Chancery, as to reduce the Fees of that Court, which, on Account 
 of the popular Clamours, were fo much diminiflied, that the Wheels of the 
 Chancery, have ever fince rufted upon their Axes, the Pradice being con- 
 temned by all Gentlemen of Eminence in the Profefllon. 
 
 We are now come to the Clofe of Mr. Burnet's Adminiftr uion, when he 
 was appointed to the chief Command of the MaJJachufefs Bay. Though we 
 never had a Governour, to whom the Colony is fo much indebted as to him ; 
 yet the Influence of a Fa6lion, in the Judgment of feme, rendered his Re- 
 moval neceflfary for the publick Tranquillity. Infenfible of his Merit, the 
 undiftinguifhing Multitude were taught to connder it as a moft fortunate 
 Event i and till the ambitious Defigns of the French King, with refpefl to 
 America^ awakened our Attention to the general Welfare, Mr. Burnet's Ad- 
 miniftration was as little efteemed, as that of the meaneft ofhisPredeceflbrs. 
 He was very fond of New-Tork, and left it with Relu6tance. His Mar- 
 riage here connedled him with a numerous Family, and, befides an univer- 
 fal Acquaintance, there were fome Gentlemen, with whom he contrafted a 
 ftrift Intimacy and Friendfhip. 
 
 The exceflive Love of Money, a Difcafe common to all his Predeceflbrs, 
 and to fome who fucceeded him, was a Vice, from which he was entirely 
 
 ij 
 
 irec.. 
 
PARTv. THE HISTORYOF NEW-YORK. 173- 
 
 free. He fold no Offices, nor attempted to raife a Fortune by indirect 
 Means J for he lived generoufly, and carried fcarce any Thing away with 
 him, but his Books. Thefe and the Converfation of Men of Letters, were 
 to him Jnexhauftible Sources of Delight. I^is aftronomical Obfei-vations 
 have been ufeful j but by his Comment on the Jpocalypfe, he expofed himfelf, 
 as other learned Men have before him, to the Criticifms of tliofe who have 
 not Abilities to write half fo well. 
 
 John Montgomeriey Efq; received the Great Seal of this Province from- 
 Mr. Burnet y on the 15th of April 1728, having a ComniifTion to fuperfcde 
 him here and in New-Jerfey. The Council Board confifted of 
 
 Mr. Walters, 
 Mr. Van Dam, 
 Mr. Barbariey 
 Mr. Clarke, 
 Mr. HarrifoHy 
 Dr. Colden, 
 
 Mr. Alexander, 
 Mr. Morris, jun. 
 Mr. Van Home, 
 Mr. Provoojl, 
 Mr. Livingjion, 
 Mr. Kennedy. 
 
 The Governour was a Scotch Gentleman, and bred a Soldier ; but, in the 
 latter Part of his Life, he had little Concern with Arms, having ferved as 
 Groom of the Bedchamber to his prefent Majefty, before his Acceffion to the 
 Throne. This Station, and a Seat he had in Parliamcnc, paved the Way to 
 his Preferment in America. In his Talents for Government he was much 
 inferior to his Predeceflbr, for he had neither Strength nor Acutencfs of 
 Parts, and was but little acquainted with any Kind of Literature. 
 
 As in the natural, fo in the political World, a violent Stoim is often im- 
 mediately fucceeded by a peaceful Calm j tired by the mutual Struggles of 
 party Rage, every Man now ceafed to ad: imder its Influence. The Govei- 
 nour's good Humour too extinguiflicd the Flames of Contention, for being, 
 unable to plan, he had no particular Scheme to purfue -, and thus by con- 
 fining himfelf to the Exercife of the common Ads of Government, our pub- 
 lick Affairs flowed on in a peaceful, uninterrupted. Stream. 
 
 The Reader will, for this Reafon, find none of thole Events in Col. Mont- 
 gomerie's fhort Adminiftration, which only take Rife under the Superinten- 
 dency of a Man of extenfive Views. Indeed he devoted himfelf fo much to 
 his Eafe, that he has fcarce left us any Thing to per^)etuate the Remembrance, 
 of his Time, 
 
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 T]i» 
 
174 THE HISTORY OF NEW-YORK, part v. 
 
 IMie two Rocks, upon which the publick Tranquillity was fhipwrecked in 
 the late Adminiftration, he carefully avoided ; for he diilblved the Affembly, 
 tailed by his Predeceflbr, before they had ever been convened : and as to the 
 Chancery he himfelf countenanced the Clamours againft it, by declining to 
 iit } till enjoined to cxercife the Office of Chancellor by fpecial Orders from 
 Efigliifid. He then obeyed the Command, but not without difcovering his 
 Relu6lance ; and modeftly confeffing to the Praftifers, that he thought him- 
 felf unqualified for the Station. Indeed the Court of Chancery was evidently 
 his Aveifion, and he never gave a fingle Decree in it, nor more than three 
 (Orders j and thefe, both as to Matter and Form, were firft fettled by the 
 Council concerned. 
 
 Mr. Philipfe was chofen Speaker of the Aflembly which met, on the 23d 
 of July^ and continued liting in perfedt Harmony till Autumn. After his 
 Excellency had procured a five Years Support, and feveral other Laws to his 
 Mind, of lefs confiderable Moment) he went up to Albany ^ and, on the ift 
 of 06tober^ held a Treaty with the ^ix Nations for a Renewal of the ancient 
 Covenant. He gave them great Prefents, and engaged them in the Defence 
 of Ofwego. Nothing could be more fealbnable than this Interview, for the 
 French who eyed that important Garrilbn and our increafing Trade there, 
 with the moft reftlefs Jealoufy, prepared, early in the Spring f<jllowing, to 
 demolifli the Works. Governour Burnet gave the firft Intelligence of this 
 Defign, in a Letter to Colonel Montgomeriey dated at Bofion the 3 ift of Marchy 
 1729. The Garrifon was thereupon immediately reinforced by a Detach- 
 ment from the Independent Companies j which together with the declared 
 Refolution of the Indians to prote6l the Fort, induced the French to defift 
 from the intended Invafion *. 
 
 Thus far our Indian Affairs appeared to be under a tolerable Dire«Slion ; 
 but thcfe fair Profpe6ls were foon obfcured by the King's repealing, on the 
 nth of December y 1729, all the A6ls which Mr. Burnet y with fb much 
 Labour and Oppofition, procured for the Prohibition of an execrable 
 Trade between Albany and Montreal. To whofe Intrigues this Event is to 
 
 . L. 
 
 * From that Time, to the Year 1754, this V^cfTels launched there to fecure the Contmand 
 
 Garrifon was guarded only by a Lieutenant and of the Lake, the General, before he returned 
 
 five and twenty Men. General Shirley's parting to Winter Quarters, ere£led two ftrong fquare 
 
 from the Forces dcftined againft Fort Z)fe.^«</«^, Forts, with Baftions, commanding as well the 
 
 and proceeding with half the .\xmy to Ofwego in Entrance into the Onmdaga River, as the old 
 
 1755, was extremely fortunate to our Colonies; Fort ; in the Situation of which, little Regat J 
 
 the French being then determined and prepared was had to any Thing befldcs the Plcafantnefs 
 
 to po/Tefs tlicnilelves of that Poft. Bclides the of the Profpedt 
 
 be 
 
be 
 
 PARTY. THE HISTORY OF NEW-YORK. J75 
 
 be afcribed, cannot be certainly determined. But that it was pregnant wjth 
 the worft Confequences, Time has fufficiently evinced. Nothing could more 
 naturally tend to undermine the Trade at OfwegOy to advance the French 
 Commerce at Niagara^ to alienate the Indians from their Fidelity to Great- 
 Britain y and particularly to rivet the Defection of the Caghnucigas. Forthefe 
 refiding on the South Side of St. Lanvrence, nearly oppofite to Montreal, wci-c 
 employed by the French as their Carriers ; and thus became intereilcd againil 
 us, by Motives of the moft prevailing Nature. One would imagine, tliat 
 after all the Attention beftowed on this AfFair in the late Aclminiftration, 
 the Objections againft this trading Intercourle with Canada, mull have been 
 obvious to the meaneft Capacity ; and yet ib aftonifhing has been our Con- 
 duct, that from the Time Mr. Burnet removed to Bofton, it has rather bce;i 
 encouraged than reftrained. This Trade, indeed, was fubjecV to Duties ;. 
 but that at Ofwego always was, and itill is, expofed to the fame Incum- 
 brance J while the French Trade, in the InteiTal between the Years 1 744 
 and 1750, was perfe6tly 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 ta 
 elude the A6t, is only expofed to the Trouble of tianfporting his Merchan- 
 dize, beyond the fcant Diftrict of the City afceitained in the Charter. But 
 how much foever our Inattention to this Matter may dcferve Cenfure, I can- 
 not in Juftice to my Countrymen help obferving, that from the feverell 
 Scrutiny I could make, our People are free from the Charge of felling Am- 
 munition to the Frenchy which has fo unjuftly expofed the Inhabitants of 
 Albany^ to the Odium of all tlie Colonies in New-England *. • 
 
 The Year 173 1 was diftinguifhed, only by the complete Settlement of the 
 difputed Bounc'.ary between this Province and the Colony of ConneSlicut. An 
 Event, confidering the late colonizing Spirit and extenlive Claims of the 
 People of New-England, of no fmall Importance, and concerning which it 
 itiay be proper to give a fuccindt 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, be- 
 tween Colonel Dongan and his Council, and Robert Trent, Efq-, then Gover- 
 nour of ConneBicut, and feveral other Commiflioncrs appointed by that Co- 
 lony. Tlie Line of Partition, then agreed to be eftablifhed, was to begin 
 
 ♦ Ever fince the Year 1729, the Sale of Arms I attribute to the Confidence of the Government, 
 
 and Ammunition to the French, has been ex- that the C;ilumny is entirely i^roundkls. 
 
 •mpt both from Duties and a Prohibition j which i- ^ ' 
 
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 176 THE HISTORY O F N E W-Y O R K. part v. 
 
 at the Mouth of By ram Brook, " Where it falleth into the Sound, at a Point 
 ** called Lyons Point, 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 Coun- 
 tiy, as far as will be eight EngliJJj Miles from the forefaid Lyons Pointy 
 '* and that a Line of twelve Miles, being meafured from the faid Lyon's, 
 *' Point, according to the Line or general Courfe of the Sound Eaftward : 
 *' where the faid twelve Miles endeth, another Line fhall be run from the 
 " Sound, eight Miles into the Country North North-weft, and alfo, that a 
 " fourth Line be run (that is to fay) from the Northermoft End of the eight 
 Miles Line, being the third mentioned Line, which fourth Line with the 
 firft mentioned Line, ftiall be the Bounds where they ftiall fall to run ; 
 and that from the Eaftermoft End of the fourth mentioned Line (which is 
 *' to be twelve Miles in Length) a Line parrallcl to Hudjbns River, in every 
 ** Place twenty Miles diftant from Hudjbns River, fliall be the Bounds there, 
 *' between the faid Territories or Province of New-Tork, and the faid Co- 
 " lony of ConneSiicut fo far as Comefiicut Colony doth extend Northwards j 
 •' that is to the South Line of xht MaJJachufets 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 diminifti or take away 
 Land, within twenty Miles of Hudfons River, that then fo much as is in 
 Land diminiflied of twenty Miles of Hudfons River thereby, ftiall be 
 added out of Connecticut Bounds unto the Line aforementioned, parallel 
 to Hudfons River and twenty Miles diftant from it; the Addition to be 
 made the whole Length of the faid parrallel Line, and in fuch Breadth, as 
 will make up, Quantity for Quantity, what lliall be diminiftied as afore- 
 " faid." 
 
 Pui fuant to this Agreement fome oi the Lines were actually run out, and 
 a Report made of the Sui-vey, which, on the 24th of February 1684, was 
 confirmed by the Governour of each Colony at Milford in ConneSiicut. 
 Here the Matter refted, till a Difpute arofe concerning the Right of Jurif- 
 didlion o^'er the Towns of Rye and Bedford, which occafioned a Solicitation 
 at Home; and on the 28th of March 1700, King William was plcaled to 
 confirm the Agreement in 1683. ; i ... 
 
 Nineteen Years afterwards, a probationary A6t was pafTed, empowering 
 the Governour to appoint CommilTioners, as well to run the Line parrallel to 
 HudJoNS River, as to re-furvey the other Lines and diftinguilh the Boundai y. 
 
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PARTv. THE HISTORY OF N E W-Y O R K. 177 
 
 The ConneSlicut Agent onpofed the King's Confirmation of this Aft totis 
 <viribu$i but it was approved on the 23d of January 1723. Two Years af- 
 ter, the Commiflioners and Surveyors of both Colonies met at Greenwich, 
 and entered tirft into an Agreement, relating to the Method of performing 
 the Work. 
 
 The Survey was immediately after executed in Part, the Report being 
 dated on the 12th of Alay 1725 j but the complete Settlement, was not made 
 till tlie 14th of May 173 1, when Indentures, certifying the Execution of the 
 Agreement in 1725, were mutually figned by the CommifTioners and Sur- 
 veyors of both Colonies. Upon the Eftablilhment of this Partition, aTra6t 
 of Land lying on the Connediicut Side, confifting of above 60,000 Acres, 
 from its Figure called the Oblongs was ceded to New-Torky as an Equivalent 
 for Lands near the Sound furrendered to ConneSiicut *. 
 
 The very Day after the Surrender, made by that Colony, a Patent paffed in 
 London to Sir jfofeph Eyles and others, intended to convey the whole Oblong. 
 A Grant poflerior to the other was alfo regularly made here, to Hauley and 
 Company, of the greatefl Part of the fame Tra6l, which the Britijh Paten- 
 tees brought a Bill in Chancery to repeal. But the Defendants filed an An- 
 fwer, containing fo many Objeftions againfl the EngliJJ) Patent, that tlie 
 Suit remains ftill unprofecuted, and the American Proprietors have ever lince 
 held the Pofleflion. Mr. Harifont of the Council, foHcited this Controverfy 
 for Sir Jofeph Eyles and his Partners, which contiibuted, in a great Degree, 
 to the Troubles, fo remarkable, in a fucceeding Adminiflration. 
 
 Governour Montgomerie died on the ift of July 173 1 j and being a Man 
 of a kind and humane Dilpofition, his Death was not a little lamented. The 
 chief Command then devolved upon Rip Van Danty Efq; he being the oldeft 
 Counfellor, and an eminent Merchant of a fair Eflate, though diftinguifhed 
 more for tlie Integrity of his Heart, than his Capacity to hold the Reins of 
 Government. He took the Oaths before 
 
 Mr. Alexander^ 
 Mr. Van Home, 
 Mr. Kennedy, 
 
 Mr. De Lancey -j-, and 
 Mr. Courtlandt. 
 
 ♦ See Douglases late Plan of the Britifh Do- the Unlverfity. Mr. Morris^ jun. was Aifpended 
 
 wlniins of New-England. 
 
 t This Gentleman being a Youth of fine 
 Parts, was called up to the Council Board on the 
 ^^^Qi January 1729, juit after his Return from 
 
 on the lame Day, for Words droped in a Dif- 
 pute relating to the Governour's Draughts upon 
 the Revenue. 
 
 A a 
 
 This 
 
178 TriE HISTORY OF NEW-YORK. part v. 
 
 This Adminiftration is unfortunately fignalized by the memorable En- 
 croachment at Crown Point. An Enemy defpifed at firft for his Weaknefs, 
 generally grows formidable for his Activity and Craft. This Obfervation is 
 true, applied to private Perfons, religious Sefts, or publick States. The 
 French, in Canada, have always been jealous of the increafing Strength of 
 our Colonies j and a Motive of Fear led them, naturally, to concert a re- 
 gular Syftem of Conduft for their Defence. Confining us to fcant Limits 
 along the Sea Coaft, is the grand Objeft they have long had in View j and 
 feizing the important Pafles from Canada to Lotiifania, feducing our Indian 
 Allies, engroffing the Trade, and fortifying the Routes into their Country, 
 were all proper Expedients towards the Execution of their Plan. By ei'eft- 
 ing Fort St, Frederick, they fecured the abfolute Command of Lake Cham- 
 plain, through which we muft pafs, if ever a Defcent be made upon Canada, 
 either to conquer the Country, or harafs its Out-fettlements. The Garrifon 
 was, at firft, fituated on the Eaft Side of the Lake, near the South End j 
 but was afterwards built upon a commodious Point on the oppofite Side. Of 
 all their Infra6lions of the Treaty of Utrecht, none was more palpable than 
 this. The Country belonged to the Six Nations, and the very Spot, upon 
 which the Fort ftands, is included within a Patent, to Dellius the Dutch 
 Minifterof Albany, granted under the Great Seal of this Province in 1696. 
 Befides, nothing could be more evident than the Danger to which it ex- 
 pofed us. Through this Lake the French Parties made their ancient bloody 
 Incurfions upon Schenectady, the Mohawks Caftles, and Deerjield; 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, Majfacbufets 
 Bay, and New-Hampjhire. For it ferved not only as an Afylum to fly to, 
 after the Perpetration of theu* Inhumanities, but for a Magazine of Provi- 
 fions and Ammunition} and though it was 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 Majfachufets Government forefaw the dangerous Confequences of the 
 French Fort at Crown Point, and Governour Belcher ga\e us the firft Infor- 
 
 PART 
 
 * The prefent Fort at Crown Point is faid to 
 be a Square with four BaAions, and a high Caftle 
 within the Walls. It has no Ditch, but is 
 ilrcngthened by a Redoubt, and mounts fut and 
 thirty fmall Cannon. While the Colony Forces, 
 confiAing of about 4000 Militia^ lay ut Luke 
 
 George, tm\}\oyti inerefling Fort Jnil'iam Hemy^ 
 ill 1755, x)\t French threw up an advanced Work 
 at Tjeononderogt, near the North-calt End of 
 Lake George: an important Pals about 16 Mile» 
 to the Southward of fwxFrtdtritk* 
 
 mation 
 
] 
 
 PARTY. THE HISTORYOF NEW-YORK. 179 
 
 mation of it, in a Letter from Bojloft 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 prelled him to engage 
 the Oppofition of the Six Nations. Van Dam laid the Letter before his 
 Council, on the 4th of February ij^z ) who, with fingular Calmnefe, ad- 
 vifed him to write to the Commiflioners of Indian Affairs, at Albany^ order- 
 ing them to enquire, whether the Land belonged to the Confederates or the 
 River Indians. That Mr. Van Dam ever wrote to the Commiflioners, I have 
 not been able to difcover j nor whether any Complaint of the Encroachment 
 was fent Home, according to the fecond Advice of Council on the nth of 
 February j who, befides the firft Step, were now pleafed to recommend his 
 tranfmiting Governour Belchers Letter and the Bojlon Vote to the feveral 
 South-wcftern Colonies. 
 
 The Paflivenefs we difcovered, on this impudent and dangerous Invafion 
 of his Majefly's Rights, is tmly aftonifhing ; and the more fo, as the Crown 
 had, at that Time, four Independent Companies, which had long been poll- 
 ed here for our Prote6lion, at the annual Expence of about 7500/. Sterling. 
 A very good Scheme, in fome Meafure, to repair this fhameful Mifconduft, 
 was aftei'wards projefted, by fettling the Lands near Lake George^ with loyal 
 Proteftant Highlanders from Scotland. Captain Laughlin Campbell encou- 
 raged by a Proclamation to tliat Purpofe, came over in 1737, and ample 
 Promifes were made to him. He went upon the Land, viewed and approved 
 it} and was entreated to fettle there, even by the Indians^ who were taken 
 with his Highland Drefs. Mr. Clarke, the Lieutenant Governour, promifed 
 him, in a printed Advertifement, the Grant of 30,000 Acres of Land, free 
 from all but the Charges of the Survey and the King's Quit Rent. Confiding 
 on the Faith of the Government, Captain Campbel went Home to IJla, fold 
 his Eftate, and, fliortly after, tranfported, at his own Expence, 83 Prote- 
 ftant Families, confifting of 423 Adults, befides a great Number of Chil- 
 dren. Private Faith and publick Honour loudly den,; r. led the fair Execu- 
 tion of a Projeft, fo expenfive to the Undertaker and beneficial to the Co- 
 lony. But it unfortunately droped, through the fordid Views of fome Per- 
 fons in Power, who aimed at a Share in the intended Grant j to which 
 Campbel, who was a Man of Spirit, would not confent. 
 
 Captain Campbel, afterwards, made an Attempt to redrefs himfelf, by an 
 Application to the Afliembly 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 j and with the poor Remains of 
 
 A a a his 
 
iSo THE HISTORY OF NEW-YORK, part v. 
 
 • 
 
 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 a high 
 Senfe of Honour and a good Underftanding : was a6live, loyal, and of a 
 militaiy Difpofition. For upon the News of the late Rebellion in Scotland, 
 he went Home : fought under the Duke, returned to his Family and foon 
 after died j leaving a Widow and feveral Children, who ftill feel the Confe- 
 quences of his Difappointments. - * 
 
 Mr. Van Dam finifhed his Adminiftration, on the ift of Auguft 1732 j 
 when William Cojby, Efq; arrived, with a Commiflion, to govern this and 
 the Province of New-Jerfey. The Hiftory of our publick Tranfa6lions, 
 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 Authour 
 had fo great a Concern in the publick Controverfies with Colonel Cojbyt that 
 the Hiftory of thofe Times will be better received from a more difinterefted 
 Pen. To fupprefs Truth on the one Hand, or exaggerate it, on the other, 
 are both inexcufable Faults, and perhaps it would be difficult for me to avoid 
 thofe Extremes. Befides, a Writer, who expofes the Conduft of the Living, 
 will inevitably meet with their Fury and Refentment. The prudent Hifto- 
 rian of his own Times will always be a Coward, and never give Fire, till 
 Death protects him from the Malice and Stroke of his Enemy. - • 
 
 
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 ' 4'' 
 
 v 
 
 
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 s-M ^:. 
 
 
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 ll.Vii.-'V 
 
 v^r-i 
 
 
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i. 
 
 It" ; 
 
4 . i;.\ 5 
 
 ^ ,'; I -"i' 
 
 ii 
 
 HIS 
 
 • ii.. .V. ! ;(.. 
 
 ;il? •" 
 
 THE 
 
 T O 
 
 O F 
 
 
 R Y 
 
 NEW-YORK 
 
 
 CHAP. I. 
 
 I 'r ii!'i ;' A Geographical Defcription of the Country* 
 
 .-•,rt.l 
 
 ^HE Province of iV^w-Tor^, at prefent, contdkis Long IJland^ Sta- 
 ten IJlandy and the Lands, on the Eaft Side of Hudfons River, to^ 
 ti the Bounds of ConneSHcut. From the Divifion Line between that 
 Colony and the Majfachufets Bay, Northward, to the Line between us and tlie- 
 Frenchy we claim an Extent, to ConneSiicut River*. On the Weft Side of 
 
 Hudfons 
 
 * The Grounds of this Claim are contained 
 in the following Report of a Committee, of 
 Council, to Governour Clinton, on the 2d of 
 March 1753, which was drawn up by Mr. Alex- 
 ander. 
 
 May it pleafc your Excellency, 
 *• In Obedience to your Excellency's Order, 
 «» in Council, of the 3d Day of July laft, re- 
 ** ferring to a Committee thereof, the Petitions 
 «< of Robert Livingjlon, jun. Efq; and of the 
 •* Owners of a certain Traft of Land called 
 «* Wejienhook, complaining of new Claims and 
 ** Encroachments made upon their Lands by 
 ♦• the Inhabitants of the Majfacktfets Bay, and 
 
 ■r-Wj 
 
 ** alfo thfe Surveyor General's and the Attorney 
 ** General's Reports on the faid two Petitions : 
 '* the Committee having maturely weighed and 
 ** confidered of the fame, humbly beg Leave to • 
 ** report to your Excellency j 
 
 " I/?, That they apprehend the Claims of 
 ** MaJJachufett Bay to the Manor of Livingjlon, 
 «* or the faid Trad of Land called JVejUnhook, . 
 *' cannot be well founded; becaufe they find 
 " that the Dutch claimed the Colony of Nnv 
 " Netherlands as extending from Cape Cod to 
 *' Cape Cornelius, now called Cape HenloptUy . 
 " Weftward of Delaware Bay, along the Sea 
 « Coaft, and as far back into the Country, aa 
 
 *•> any 
 
j84 the history O F N E W-Y O R K. chap. i. 
 
 i///^o«*s River from the Sea to the Latitude of 41° X\ts New-Jerfey. The 
 Line of Partition between that Province and this, from that Latitude to 
 
 the 
 
 " any of the Rivers within thofe Limits extend; 
 *' and that they were actually pofitfled of Con- 
 " tiif't'uut River, long before any other Euro- 
 " pean People knew any Thing of the Exigence 
 *' of I'uch a River, and were not only poiTciTcd 
 •* of the Mouth of it, where they had a Fort 
 '* and Garrifon, but difcovcred the River above 
 ** a hundred Miles up, had their People trading 
 '* there, and purchafed of the Natives almoft 
 •' all the Lands on both Sides of the faid River. 
 
 *» 2dlyy That Governor Sutyvefanty the Dutch 
 *' Governor of the faid Province, by his Let- 
 *' tcr dated the 2d of September 1664, New 
 ♦* Stile, in Anfwer to a Letter from Governor 
 *' Richard Nicclls of the |§ ^u^'^Ji preceding, 
 *' demanding the Surrender of all the Forts and 
 "•♦ Places of Strength poflefled by the Dutch un- 
 ♦' dcr his (Governor Stuyvefant's) Command, 
 *' writes as follows ; — " Moreover it's without 
 *' Difpute, and acknowledged by all the World, 
 *' that our Predeceflbrs by virtue of the Com- 
 *^ miflion and Patent of the faid Lords the States 
 ** Generals, 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 j the South River 40 Years, and the 
 ♦' Frejh River about 36 Years." Which laft 
 *♦ mentioned River, the Committee find to be 
 '* the fame, that is now called Conne^icut River. 
 
 *' 3^^, That the feid Dutch Governor Stuy- 
 *' vcjant did, in the Year 1664, furrender all the 
 ** Country, which the Dutth did then polfefs, 
 *' to King Charles the Second, and that the 
 *' States General made a Ccflion thereof, by the 
 *' Treaty of Brcda^ in the Year 1667 : that 
 •' the Dutch reconquered Part of this Province 
 ** in 1673, and furrendered and abfolutely yield* 
 ** cd it to K\n^CharUs the Second, in 1673-4, 
 *< hy the Treaty of London \ and that in the 
 ** Year 1674, King Charles granted totheDuke 
 ** of Torkt ail the Land between Connecticut 
 " River and Delaware Day ; the whole of thefc 
 ** Lanils being Part of the former Colony of 
 '* New Nttherhnd, 
 
 " 4//;, That the Duke of Tork in his feveral 
 " Conimlirions to Major Edmund Audrofs^ on 
 " the I ft of July 1674, and to Governor Don- 
 " gnu on the 30th of September 1682, among 
 " other Defcriptions of the Boundaries of this 
 " Province, mentions all the Land from the 
 " Weft Side of Conne£ircut River to the Eaft 
 " Side of Da'azvare Bay : that their Majefties 
 " King IVilliam and Queen Mary, by their 
 '* Commiflion, bearing Date the fourth Day of 
 " January^ in the firft Year of their Majefties 
 ** Reign, appointed Henry Slaughter to be Go- 
 *' verno' r of the Province of New-Tork, and 
 *' Territoiies depending thereon ; the Bounda- 
 " ries whereof to Connecticut River, on the Eaft, 
 •' were notorious, by the Grant and other 
 ** Commiilions aforefaid, and many other Grants 
 " and Commiflions relating to the fame. 
 
 " 5/A, That the Committee apprehend CV«- 
 " neClicut River continued the Eaft Bounds of 
 " this Province, until the 28th of March 1 700, 
 when, by King JVilliam^% Confirmation of an 
 Agreement between this Province and Con- 
 ncSlicut, the Weftern Bounds of that Colony 
 were fettled at twenty Miles from Hudjor's 
 River : and they cannot find any other Alte- 
 " ration in the Eaftcrn Bounds ot this Province, 
 " and have no Reafon to believe any other vas 
 " made before, or fince, that Time. 
 
 " 6thy That King J^mcs the Firft, by Let- 
 *' ters Patents bearing Date the 3d oi November^ 
 *' in the 18th Year of his Reign, granted unto 
 •♦ the Council of Plymouth^ from forty to forty- 
 *• eight Degrees of North Latitude inchifive, in 
 •• which there is a Recital to this Purpofe.— - 
 •* Now for as much as the King has been cer- 
 '* tainly given to underftand, by divers good 
 " Subjcds that have, for thefc many Years fre- 
 '' quented thofe Coafts and Territories, between 
 " the Degrees of 40 ** and 48'', that there are 
 ** no other SubjeAs of any Chriftian King or 
 State, or by any Authority from their Sove- 
 reigns, Lords, or Princes, afluaily in Poflef- 
 ** Hon of any the faid Lands or Prccin£b, 
 *'^ whereby any Right, Claim) Interefti or Title, 
 
 " may, 
 
 C( 
 
 t( 
 
 *( 
 
CHAP.1, THE HISTORY OF NEW-YORK. i% 
 
 the other Station on Delaware^ is unfettled. From thence, wherefoever it 
 
 may be fixed, we claim all die Lands, on tlie Eaft Side of Delaware^ to the 
 
 . :: . North 
 
 Ml cer- 
 
 good 
 
 irs fre- 
 
 :twccn 
 
 ;re are 
 
 ing or 
 
 ■ Sove- 
 
 Poflcf- 
 
 cin£ls« 
 
 Title, 
 
 nuy, 
 
 " may, or ought, by that Means, to accrue or 
 " belong to them," i^c And alfo a Provifoe 
 ** in thefe Words, " Provided always, that the 
 ** raid Lands, Iflands, or any of the PremifTes, 
 *' by the faid Letters Patent intended or meant 
 « to be granted, were not then a<^ually polTefled 
 « or inhabited by any other Chriftian Power or 
 " State." Which Patent, thoConnlmittee con- 
 *♦ ceive, could not veft any Thing in the Gran- 
 " tees, by Reafon of the faid Recital and Con- 
 ** dition upon which it was granted ; Part of the 
 ** PremifTes being then adtually poflefled by the 
 *« Dutchf and moft of the faid Colony of New 
 " Nttherknd being within the Bounds thereof. 
 
 ** 7//&, That the Council of Plymouth., by 
 " their Deed dated the 19th of March, in the 
 " third Year of King Charts the Firft, granted 
 «' to Sir Henry RoffiutU and others, Part of what 
 ** was fuppofed to be granted by the faid Letters 
 ** Patent, which Grant, from the faid Council 
 « of Plymouth^ the Committee take to be void, 
 (( as founded upon the faid void Patent. 
 
 «♦ 8/A, That he the faid Sir Henry RofiveU, 
 <* and others, obtained a Grant and Confirmation 
 •' thereof, from the Crown, under the Great 
 " Seal of England, dated the 4th of Afar J), in 
 " the fourth Year of King Charles the Firfl, 
 ** within which Grant and Confirmation, the 
 '■• Province of Majfachufets Bay is included ; 
 '* which Grant and Confirmation was adjudged 
 •* void in the high Court of Chancery of England 
 ♦« in the Year 1684. And the Committee are 
 " of Opinion, that nothing, to theWcflward 
 *• of Cenruilkut River, could pais by that Grant 
 " and Confirmation \ for that his Majefty could 
 " not have had an Intention to grant the fame, 
 *' it being then pofTefled by the Duuh^ as before 
 " mentioned. 
 
 ♦* qthy That the Committee conceive the In- 
 *< habitants of Majfachufeti Bay can claim no- 
 " thing at prefent, but what is granted them 
 *< by their laft Charter in 1691; all their other 
 ** Grants and Charters being either void of them- 
 " felves, or declared fo in the Chancery of 
 England, 
 
 u 
 
 *' lO/A, That the Boiinds granted, by this 
 *' Charter, are Weftward as far as the Colonies 
 " of Rl}cde IJland, Conne^icut, and the Narro- 
 " ganfet Country : which Words being in the 
 " Cafe of a Grant from the Crown, the Com- 
 *' mittee conceive, cannot extend their Bounds 
 *' farther than to CflHWifyrVw/ Colony, and therc- 
 *< fore not to Conne£}icut River, and much lefs to 
 " the Weftward of it ; becaufe ConneSlicut it- 
 " fcif, 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 Agreement 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 men-i 
 '' tioncd : and the Committee conceive it to bt 
 *' againft Reafon, to fuppofe that the Crown in- 
 " tended, by the faid Charter, to grant any 
 " Part of the Province of New-rori, under the 
 " then immediate Government of the Crown, 
 " without exprcfs Mention thereof in the Char- 
 " ter ; and without Notificition thereof to 
 " Henry Shu^hur, then Govermir of this Pro- 
 " vince, that the Crown had granted fuch a 
 *' Part of what was before witlun his Jurifdii-- 
 " tion by their Alajcfties Comimflion aforefatd 
 " to him. 
 
 *' nth. That both the Pateiit.s, under which 
 " the Petitioners claim, the Committee find 
 " were granted under the Great Seal of this 
 " Province ; that of the Manor of Livingjlon 
 " in 1686, and that of IVcJlenlmk in 1735. 
 " And that the Lands contained in the faid 
 " Grants arc, the Cmmiitee apprehend, with-' 
 »♦ in the Jurfdiction of this Province, they being 
 «« both Weft of CtnntSlUut River. 
 
 " \^th, That the Committee are of Opinion, 
 ** the Attempts of the Inhabitants of the Majfa- 
 ** chuftfs Bay, to make Encroachments upon 
 «* any Lands, granted by Letters Patent under 
 «♦ the Great Seal of New-York, or upon any 
 " Lands within the Jurifdid^ion of this Province, 
 «• are difrcfpcdlful to his Majefty '« Authority, 
 B b " tsnd 
 
iS6 THE HISTORY OF NEW-YORK. chap. i. 
 
 North Line of Pennfykania j and all the Territory, on both Sides of the 
 Mohawks River, and WeAward to the Illlunus at Niagara : in a Word, all 
 the Country belonging to the Crown of Great-Britain, not already granted j 
 for we are to confider New-Tori among her Sifter Colonies, to borrow a Law 
 Phrafe, as a Refiduary Legatee. '' ' ' . : : "^ ' '' '^ ' '"" ?'" 
 
 Hence we have, from the Begining, been expofed to Controveiiies about 
 Limits. The New-Jerfey Claim includes feveral hundred thoufand Acres, 
 and has not a little impeded the Settlement of the Colony. The Diipijte 
 with the Majfachufefs Bay is fl;ill more impoitatit, ^nd, for ieveral Years 
 paft, occafioned very confiderable Commotions. The New-Hampjhire Pre- 
 tenfions have, as yet, expofed us to no great Trouble. But when all thofe 
 Claims are fettled, a new Controverfy will probably commence with the Pro- 
 prietaries of Pemifyhania. 
 
 This Province was, in 1691, divided, by an Aft of Aflembly, intotyvtlve 
 Counties, which I fliall defcribe in their Order. ' |' " '''••™ "'"''•', "'**'V'.i 
 
 ** tend to the Difturbance of the Subjedls of this 
 ** Province, and may be the Caufe of great 
 *'. Mifchiefs and Diforders. 
 * ♦* 13/A, That the Steps taken by the faid In- 
 " habitants, even were the Bounds of this Pro- 
 ** vince doubtful and unfettled, are Intrufions, 
 ** and difrefpectful to his Majefty's Authority. 
 
 ** And lajilyy The Committee are of Opini- 
 *< on, that a Copy of fo much of this Report, 
 ** as (hall be approved of by your Excellency 
 *' and the Council, be tranfmitted to the Lieutc- 
 *' nant Governor of the Province of Majfachu- 
 •' fet''s Bay, rcquefting that he would take effec- 
 ** tual Meafures, that all Encroachments and 
 " Difturbances, by the People of that Colony, 
 •* on his Majefty's Subjects of this Province, be 
 *' ftayed ; and that he would lay this Matter be- 
 ** fore the next General Court, that they may 
 ** inform your Excellency, by what Warrant 
 ** they claim or exercife any Right to Soil or 
 •* Jurifdi£tbn, Weftward of ConHe£iicut River ; 
 ** that the fume may be confidered, and fuch 
 
 <c 
 
 <( 
 
 Steps taken towards remo\i'ng all Caufes of 
 «« Encroachments, or DiftarbanceS, for the fu- 
 ture, as nrvay be agreeable to Equity and Juf- 
 tice: to tlie End, that g«»od UndcrftamHng 
 " may be preferved, which ought to fubfift be- 
 " twcen Fellow Subjects and neighbouring Pro- 
 ** vinces. 
 
 *• All which is neverthelefs humbly fubmittcd, 
 
 ** by Order of the Committee, *; 
 
 " James De Lancev, Chairman." 
 
 The Governnrent of the Majfachufet's Bay 
 never exhibited the Reaibns of their Claim, in 
 Anfwer to this Report, but continued their En- 
 croachments : and, in the Spring, 1755, fur- 
 veyed and fold Lands, lying feveral Miles Weft 
 of the Eaftern Extent of the Manor of Living- 
 fion and the Patent of Cltrvtratk, 
 
 ,.\ 
 
 'r.. 
 
 t.ixvi\\ tifvtiil' AJk 
 
 
 I 
 
 M!, 
 
 I 
 
 •^sifi; ...... 
 
 ' 1 
 
 
 
 %-t •,.. : , 
 
 • 
 
 i . " 
 
 . . '\t ; ' . i. '!- . , 
 
 .\. ii !',< ; J -t 1; ■ I. If' J •• , 
 
 ;, .'t . I '^l 
 
 TJic 
 
;hap. I. 
 
 i of the 
 ord, all 
 ;ranted j 
 / a Law 
 
 ;s about 
 1 Acres, 
 Difpijte 
 il Years 
 ire Pre- 
 lU thofe 
 thePro- 
 
 o tvvtlve 
 
 Caufes of 
 for the fu- 
 y afid Juf- 
 lerftaniiing 
 
 fubfift be- 
 uring Pro- 
 
 ».' ;ti Lfi. 
 fubmlttcd, 
 
 ee, i: 
 
 hairman." 
 
 ^ufct's Bay 
 
 Claim, in 
 
 their En- 
 
 •755. '■"•'- 
 li'.«s Weft 
 )f Living- 
 
 • > •' 
 
 u. 
 
 tl 
 
 GHAP. I. THE H I S T O R y O F N E W-Y O R K. x^f 
 
 The City and County of NEW-YORK. -Sn: 
 
 ;•?! 'n\ ,h\i: 
 
 J ?>: b 
 
 
 I/Jm:'!'' 
 
 le 
 
 TH E City of New-York, at firft, included only the Ifland, called by 
 the Indians, Manhatam j Mamiing^s Ifland, the two Barn Iflands and 
 the three Oyfter Iflands were in the County. But the Limits of the City 
 have fince been augmented by Charter. The Ifland is very narrow, not a 
 Mile wide at a Medium, and about 14 Miles in Length. The South-wefl: 
 Point proje6ls into a fine fpacious Bay, nine Miles long and about four' in 
 Breadth ; at the Confluence of the Waters of Hudfons River, and the 
 Streight between Long IJland and the Northern Shore. The Narrows, at the 
 South End of the Bay, is fcarce two Miles wide, and opens the Ocean to full 
 View. The Paflage up to New-Tork from Sandy Hook, a Point that extends 
 farthcft into the Scai is fafe, and not above five and twenty Miles in Length; 
 The common Navigation is between the Eaft; and Weft Banks, in two or 
 three and twenty Feet Water. But it is faid that an eighty Gun Ship may be 
 brought up, through a narrow, winding, unfrequented, Channel, between 
 the North End of the Eaft: Bank and Coney IJland. 
 
 Thd City has, in Reality, no natural Bafon or Harbour. The Ships lie 
 off in the Road, on the Eaft Side of the Town, which is docked out, and 
 better built than the Weft Side, becaufe the Frefliets in Hudfons River, fill 
 it in fome Winters with Ice. 
 
 The City of New-York, as I have elfewhere had Occafion to mention, 
 confifts of about two thoufand five hundred Buildings. It is a Mile in 
 Length, and not above half that in Breadth. Such is its Figure, its Cen- 
 ** ter of Bufinefs, and the Situation of the Houfes, that the mean Cartage 
 ** from one Part to another, does not exceed above one Quarter of a Mile, 
 " than which nothing can be more advantageous to a trading City." 
 
 It is thought to be as healthy a Spot as any in the World. The Eaft and 
 South Parts, in general, are low, but the reft is fituatcd on a dry, elevated, 
 Soil. The Streets are irregular, but being paved with round Pebbles arc 
 clean, and lined with well built Brick Houfes, many of which are covered 
 with tiled RoofV. 
 
 No Part of America is fupplicd with Markets abounding with greater 
 Plenty and Variety. We have Beef, Pork, Mutton, Poulti^, Butter, wild 
 Fowl, Venilbn, Fifli, Roots, and Herbs, of all Kinds, in their Scafons. Our 
 Oyfters are a confkierablc Article in the Support of the Poor. Their Beds 
 '''*"-' B b 2 are 
 
 (C 
 
 c< 
 
 
(( 
 
 (t 
 
 i88 THE HISTORY OF NEW-YORK/ chap. i. 
 
 are within View of the Town; a Fleet o( two hundred fmall Craft, are 
 often feen there, at a Time, when the Weather is mild in Winter j and this 
 lingle Article is computed to be worth annually lo or 12,000 /. 
 
 This City is the Metropolis and grand Mart of the Province, and, by its 
 commodious Situation, commands alfo all the Trade of the Weftem Part of 
 ConneSticut and that of Eaji Jerfey. •' No Seafon prevents our Ships from 
 
 launching out into the Ocean. During the greateft Severity of Winter, 
 
 an equal, unreftrained, Aftivity runs tlirough all Ranks, Orders, and 
 " Employments." ,; \ .j .-v( r^j ><.'a/" ., 4<ii;.fc> |v--' j(»r"'h\?^' i- 1»' '^^''^*T^^/; 
 
 Upon the Soirth-weft Point of the City (lands the Fort, which is a Square 
 with four Baftions. Within the Walls is the Houfe in which our Gover- 
 nours ufually refide j and oppofite to it Brick Barracks, built formerly, for 
 the Independent Companies. The Governour's Houfe is in Heighth three 
 Stories, and fronts to the Weft; having, from the fecond Story, a fine Pro- 
 lpe6l of the Bay and the Jerfey Shore. At the South End tliere was formerly 
 a Chapel, but this was burnt down in the Negroe Confpiracy of the Spring 
 1741. According to Governour Burnefs Obfervatipjus, tliis Fojt (lands in 
 the Latitude of 40^ 42' N. ■;:-' ■ r v-;; ' - r -' — -'-^ ■ - * i ? 
 
 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 Hudfons River. This Battery is built of Stone, and the 
 Merlons confifl of Cedar Joifls, filled in with Earth. It mounts 92 Can- 
 non, and thefe are all the Works we have to defend us. About fix Furlongs, 
 South-eaflof the Fort, lies Notten IJland^ containing about 100 or 120 Acres, 
 referved by an A61 of Affembly as a Sort of Demefne for the Govemours, 
 upon which it is propofed to ere6t a ftrong Caflle, becaufe an Enemy might 
 from thence eafiily bombard the City, without being annoyed eitlrer by our 
 Battery, or the Fort. During the late War a Line of Palif^does was run 
 from Hudjms to the Eafl River, at the other End of the City, with Block- 
 houfes at Irnall Diftances. The gieater Part of thefe flill remain as a Monu- 
 ment of our Folly, which cofl the Province about 8000/. ^t.^'^} t\\f-\^ 
 
 The Inhabitants of New-Tork are a mixed People, but modly defcended 
 from the original Dutch Planters. There are ftill two Churches, in which 
 religious Worfhip is performed in that Language. The old Building is of 
 Stone and ill built, ornamented within by a fmall Organ Loft and Brafs 
 ^Branches. The new Church is a high, heavy, Edifice, has a very extenfive 
 Aiea, and was completed in 1729. It has no Galleries, and yet will per- 
 ils contain a thoufand or twdve hundred Auditors. The Steeple of tliis 
 n rt " . * >• Church 
 
 CHAl 
 
 Chur 
 furro 
 
CHAP. I. *rHE HISTORY OF NEW-YORK. J89 
 
 Church affords a moft beautiful Profpeft, both of the City beneath and the 
 furrounding Country. The Dutch Congregation is ipore numerous than 
 any other, but as the Language becomes difufed, it is much diminifhed ; 
 and unlefs they change their Worfhip into the Englijh Tongue, muft foon 
 fufFer a total Diffipation. They have at prefent two Minifters : the reve- 
 rend Meffieurs Ritzma and De RonJe, who are both ftrift Cahinijis. Their 
 Church was incorporated on the i ith of Mzy, 1696, by the Name of The 
 Minijiery ElderSy and Deacons^ of the reformed Protejiant Dutch Church of the 
 OVy^' New- York, and its Eftate, after the Expiration of fundiy long Leafes„ 
 will be woith a very great Income *. 
 
 All the jLow Z)«^^i& Congregations, in this and the Province of Newjer- 
 feyy worihip after the , Manner of the reformed Churches in the United Pro- 
 vinces. With Relpeft to Government, they are in Principle Prefbyterians > 
 but yet hold tl\einfelves in Subordination to the Claffis of Amjlerdamy who 
 fometimes permit, and at other Times reftife, them the Powers of Ordina- 
 tion. Some of their Minifteri confider fuch a Subjection as anti-confti- 
 tutional, and hence in feveral of their late annual Conventions, at New- 
 Torky called t|ie CatuSy fome Debates have arilen amongft them j the Majo- 
 rity being inihiied to ereft a Claffis, or ecclefiaflical Judicatory, here, for 
 the Government of their Churches. Thofe of theh* Miniflers, who arc Na- 
 tives of Europey are, in general, averfe to the Project. The Expence attend- 
 ing the Ordination of their Candidates, in Hollandy and the Reference of 
 their DifputeS to the Claffis of Amfterdamy is very confiderable j and with 
 what.CoAfequences, tlie Interruption of their Correfpondence with the Eu- 
 ropean Dutehy w6uld be attended, in Cafe of a War, well deferves their Con- 
 fideration. , . ' . , . .. >' 
 
 There are, befides the Dutch, two epifcopal Churches in this. City, uix)n: 
 the Plan of the eftdblifhed Church in SotOh Britain. Trinity Church was 
 built in' 1696, and afterwards enlarged in 1737. It flands very pleafantly 
 upbtl the B'anki oi Hudfon's River, and has a large Cemetery, on each Side» 
 inclofed in the Front by a painted paled Fence. Before it a long Walk is 
 railed off from the feroad-way, the pleafantefl Street of any in the whole 
 Town. This Building is afcout 148 Feet long, including the Tower and 
 Chancel, and 72 Feet in Breadth. The Steeple is 175 Feet in lieight, and 
 ovei' the Door facing thei River is the following Infcription^ . 
 
 -♦ « * CJII *ii 
 
 .t.ljll . 
 
 * Their Charter was confirmed by a late 
 Ad of Afleinbly ratified by his Majefty, which 
 
 recites the VHIth Article of the Surrender i» 
 ' -.bl h''T . ."i'i.^iii .. ' n p i> 
 
THE Jfl'ST'^Rt d F fj'"E^lY6^i.K. 
 
 196 T' H' E it t ^ T'U R Y O F ^N 'E"W - Y Oil K.. CHAP. I. 
 
 
 Hoc Trinitatis Teoiplum fundatUttiv eft Aniio Regni illuftrlffimi, fu^ 
 .*V premi, Dpmini Gwlielmi tjertii, P§i 0rati^, Aqgliaa, Sbotise, Frandiae cjt 
 •^^ Hiberniae Regis* Fidei D^fi?nforis> &c. 06tavo,. Aanoq; Domini 1696. 
 
 " Ac voluntaria quoi-undam Contributiojieac Donis iEdificatum, maxime 
 " autem, dilefti Regis ChiliarchapBEiij^A'MiNj, FtBTCHER, hujusProvinciae 
 " ftrataeci & Imperatgiri?^ M^pificentiaiiftyipainfini et auifti^ni Cujus tempore 
 " moderaminis, hujus Civitatis incolae, R«itgii<!^em proteftantem Eecldfiae 
 " Anglicanas, ut (ecundum Legem nunc ftabilit« profitentes, quodam'Di- 
 plomate, fub Sigillo Provincisp iiicorporati fiint, atque alias Pluiimas, e\ 
 Re fua familiari, Donationesnotabilcs ei4em d«dit.",;*^.aJ« uii;f*l ^ imvti-' 
 
 it 
 
 C( 
 
 *^' Thfe Church is, within, ornamented beyond any pther Place/ of J[^|l4iick 
 Worftiip amongft ws. The Head of the Chancel {s- adorned wi^i an Alia*'- 
 piece, and oppofite to it^ at the other End of the Building, is the Organ. 
 The Tops of the Pillars, which {iipport the Galleries, are docked with the 
 giltBufts of Angels winged. From t^ejCijermg aie fu(pe^ed twojGlals 
 Branches, and on the Walls hang tlie Arms, .of ibirie of its rpirmdj^al feeder 
 fa6lors. The Allies are paved witn flat Stones. " < Vioiiiv 
 
 The prefent Re£lor of this Church is the Rev, Mr. Henry Barclay ^toi' 
 merly a Miffionary among the MohaivhyVfho receives a 100 /. a Year, levied 
 Upon all the other Clergy and Laity in the City, by Virtue of /ah A6i of 
 Aflembly procured by Goyernbur Pktder.- .^e is aflifteclfby "Dr. John/on and 
 Mr. Auchmuty. 
 
 This Congregation, partly by the Arrival of Strangers from Europe^ but 
 principally by Profelytes from xh^ Jiutch Churche^^ is becom^ fo nijimerous^ 
 that though the old Building will contai^. 2000 Hearers, yet a new one was 
 erefted in 1752. This, caUsd^^Cfo^^'s. Chapel, * is ^ a very ^eat .Edljce, 
 faced with hewn Stone and tiled. The Steeple is lofty -f*, but irregular ; 
 and its Situation in a new, crowded, alid ill-built. Part of the Town. 
 
 The Re£tor, Chuichwardens, and, Veftryjiien of !7r;Wijy. Church, are in- 
 corporated by an Aft of Aflcmbly, which grafts the two laid the Advowfoi> 
 or Right of Prefentatbn j but enacts, tl>at the Ref^pr Aiall b6 inftituted and 
 inducted in a Manner mod agreeable to the King's Inftruftions to the Go- 
 vcrnour, and the canoi^ical Right of the Biihop of Jaondon* Their Wprfliip 
 
 * The Length, exclufive of the Chancer, ^1 t One hbndred and feventy-nve Feet. 
 Feet, and Its Breadth 20 Feet Icli;. 
 
 2 ie 
 
 G/. 
 
CHAP. I. THE HI'S TO RiY OF NEW-YORK. 191 
 
 is conducted after the Mode of the Church of England i and with Refpe(5t 
 to Government, they are empowered to make Rules and Orders for them- 
 felves, beipg, if I m?iy ufe the EKpreflion, an independent^ eccleftaf^caU C!cr- 
 poratiati,: ! t . 
 
 The Revenue of this Church is reftrifted, t>y an Aft of Aflembly, to 500 /. 
 per Annmn i bvit it is poffeffed of a real Eftate, at the North End of the 
 Tpwa^ which haying be^ lately divided into Lots and let to Faii», will, in 
 a fw Yctar^, /produce 4 illuch greater Iw6me. '-'i'^Mf^t Ht/' ^^Ao'v.i\^" ,1 
 . T^c JP^^ftjyt^iftns intn^ftfing AhQxyim^.Cornhiry^ Returiai to £»^/««^, 
 called Mi:Aaiderf0iy7^ SctOch Minifttt', to the pailoral Charge of their Congre- 
 gatba^-and Dr. Jo/m d^W, Patrick Ma: Nighty Gilbert Living Jhn and 
 Tfhofnas^ifnkh^ pm-cJiftfedatPieceof Ground and founded a Church, in 171 9. 
 Two Years af4«j^ards they petitioned Colonel Schuyler y who had then the 
 chief GQuiRV^wd, fpr a Charter of Jnoorporation,. to fecure their Eftate for 
 religipw Worihip, wyoa the Plan of- the Churcii in North-Britain-, but 
 wcreidifappoint^djin their Expe^tBttons, through the Oppofition of the epif- 
 cop^ Parity. Thoy, i ihoitly after, renewed their Requefl to Govemour Bur- 
 «^> iWl>9 A*ef<f-e<il!*^J^«titk)p iiK)! ja© TheEpifcopalians again vio- 
 
 lently oppofed thet Grait, andxiihe Govfiroour, in 1724, wrote upon the Sub- 
 jeft to '^e Lords of Trade for their Diredtion. Counfellor^^^/, who was 
 th«i cpnfult€»d, gave his Opinion in thefe Words : " Upon Coniideration of 
 *^ therfevefairAftsiof Uniforauty th^t have paffcd in Great-Britain^ I am of 
 *^ Opijiion that they do not /extend to New-rork, and confequendy an Aft: 
 of Toleration isitof no Ufe in that Province; and, theneforc, as tha-e is 
 no Provincial Aft for Uniformity, according to the Church o( England, 
 I am of Opinion, that by Law fuch Patent of Incorporation may be 
 " granted, as by the Petition is defired. Richard We/if 20 Augt^, ijz^" 
 
 After feveral Years Solicitation for a Charter in vain, and feaiful that 
 thofe who obflrufted fuch a reafotiabje Requeft, would watch an Opportu- 
 nity to give them a more efFeftual Wound j thofe, among the Prefbyterians, 
 who were inverted with the Fee simple oi the Church and Ground, '* con- 
 veyed it, on the i6th of March, 1730, to the Moderator of the General 
 Aflembly of the Church of Scotland and the Commiflion thereof, the 
 Moderator of the Prclbytery of EdinSmghy the Principal of the College of 
 Edinburgh, the Profellbr of Divinity therein, and the Procurator and 
 Agent of the Church of Scotland, fox the Time being, and their Succef- 
 fors in Office, as a Committee of tlie General Aflembly. On the 1 5th of 
 Auguji, 1732, the Chuijch , of /Scc«/«W» by an Inftrument under the Seal 
 
 « of 
 
 (< 
 
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 cc 
 
 IC 
 
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 (( 
 
 C( 
 
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 19a THE H I S T O R Y O-P^ ^ I # Jt (^ R'K. chap. 1. 
 
 " of die General Affembly," and figned by Mr; Niel Campbell y Prindpal of 
 the Univerfity of Glajgowy and JWoderator of the General Affembly and 
 Commiflion thereof; Mr. James Nejbity Qnectf ihie MiriJfters of the Gofpel 
 at Edinburgh, Moderator of the Prefbytery of Edinburgh ; Mr. William Ha- 
 milton, Principal of the Univerfity bf Edinburgh i Mr. James Smith, Profef- 
 for of Divinity therein j and Mr. William Grant, Advocate Procurator for 
 the Church of Scotland, for the Time being j purHiant to an A&l of the Ge- 
 neral Affembly, dated the 8th of iW<5>, 1731, did declare, " That liotwith- 
 " ftandihg the aforefaid Right made to them and their SuircdlbrS ih Office, 
 they were defirous, that the aforefaid Buil^ng and Edifice and Appurte^ 
 nances thereof, be preferved for the pious and religious Purpofes for which 
 the fame were defigned j and that it fhould be free and lawftil to the Pref- 
 byterians then refiding, or that (hould at any Time, thereafter, be reli- 
 dent, in, or near, the aforefaid City of New-Tork, in America, or othefs 
 joining with them, to convene, in the forefaid Churchy for the Wwfhip 
 of God in all the Paits thereof, and for theDifpenfation of all Gofpel Or- 
 dinances } and generally to ufe and occupy the faid Church and its Appur*" 
 tenances, fiilly and freejy in all Times coming, they fu^>orting and main- 
 taining the Edifice and Appurtenances at their own Charge." f- 
 Mr. Anderfon was fucceeded, in April 1727, by the Rev. Mr. Ebenezef 
 Pemberton, a Man of polite Breeding, pure Morals, and warm Devotion ; 
 under whofe inceffant Labours the Congregation greatly increafed, and was 
 enabled to ereft the prefent Edifice in 1748. It is built of Stone, railed off 
 from the Street, is 80 Feet long and in Breadth 60. The Steeple, raifed ori 
 the South-wefl End, is in Height 145 Feet. In the Front to the Street, be- 
 tween two long Windows, is the following Infcription gilt and cut in a black 
 Slatefix Fcetin Length♦^ Va '^ <i «£ .^: .wiK^. fi 
 
 :'.^.UAMXlft^ mm timf lli -V^-X^m^.KV' Ji;>U4tVJli«i'. filtJ^J i U^OvS|,,•l^ili^V■ 
 
 '^;Q^||CU«G fbte/f feUiO// /Aufpicanto Deo (^wii^'jik-iikfai^^flyrslodt 
 r'\f::i '{Jisri.ailj pi^r^riA; . HanciEdem wuh^'^mit'--'-^ ■■■m 
 
 • io: '• ,kiiJuiiJ friii ibTUiCultui divino facram wltiw hy-k*, .^ . ... 
 Li-si^Dyrft VM'5*;:i^ ' Inperpetuum - r.ijjj^i^aiwi? 0O.»Ti^|bA«jM 
 
 ;>;4 <'M;>i;?rf/ fu>;iUnimoQ/ celebrando, fhrtd) vy:: Zo (kf^itvUA '* 
 
 l),i-^'v'J-h^oiS4i3i;:iH AD. MDCCXIX. ''^ <i ^'frnmai ' 
 
 i/ife' . Ah Ah Primo fundatam J • *«4A<iwlif* 
 
 -; ;.^4 i^iaj L-:^ ,;|f{ii Denuo penitus reparatam wi^.9»lj .^*>;»^'^8(v'** 
 V rii;^ I :</!t»nO .-(kifTJ\ittf. leua ct "^o as?; ^ftia tasiftQ it; S(oi '* 
 
 I.^'jc 3f{:r Dbnw Ummi. AmpUorem et omatiorem > y& V^'r.^i ,'^:Ji^vV. '* 
 r'> *^ . AD. 
 
 •'V 
 

 AD. 
 
 CHAP.ti THE HISTORY OF NEW.YORK. 193 
 
 ■;HU\Mmoiin'>j ;;t fb ojfD -jfi AD. MDCCXLVIII ivisa 7-f; v^w<^rx >.;^»iV :if< 
 ^Hv^ Conftni6bun, ■ •'' -^^ 
 
 Neo-Eborancenfes Prefbyteriani 
 In (Uum et ri^prum Ufum 
 
 Condehtes, - ■ - 
 
 In hsic votiva Tabula V: 
 — ^. :•- D D D Q^ .,-■' ^ 
 
 •■'■ ■ "■ ■ . ♦ ♦ * 
 
 Concordia, Amore 
 ;^ ' ' ^ ^ Necnon Fidei Cultus et Morum- 
 
 ,;it{ ff<w|ii;;n'»iijf V Suffulta, clariufqj exornata, r? /.( <t,;-t;»i rnvt^. 
 
 i^) d^>i ./i^htio.'i r;^-fr: i Annuente Chrifto, ^K^ra -^n-i^^itf ^f^r^^y 
 
 Longum perduret in iEvum. :^t i hm iVhUJ-uhm^:^':'' 
 
 Mr. Alexander Cummingy a young Gentleman of Learning and Angular 
 Penetration, was chofen Cdleague to Mr. PembertoHy in 1750 j but both were 
 difiniilibd, at their Requeft, about three Years afterwards j the former, through 
 Indifpofition, and the latter, on Account of trifling Contentions kindled by 
 the Bigotry and Ignorance of the lower Sort of People. Thefe Debates con- 
 tinued till they were clofed, in ^ril 1756, by a Decifion of the Synod, to 
 which, almoft all our Prefbyterian Churches, in this and the Southern Pro- 
 vinces are fubjeft. The Congregation confifls, at prefcnt, of 12 or 1400 
 Souls, under the pafloral Charge of the Rev. Mr. David Bojiivicky who was 
 lately tranflated from Jamaica to New-Tork^ by a fynodical Decree. He is 
 a Gentleman of a mild, catholick, Difpofition j and being a Man of Piety, 
 Prudence, and Zeal, confines himfelf entirely to the proper Bufmefs of his 
 Funftion. In the Art of Preaching, he is one of the moft diflinguiflied 
 Clei^ymen in thefe Parts. His Difcourfes are metliodical, found and pa- 
 thetick} in Sentiment, and in Point of Diftion, Angularly ornamented. He 
 delivers himfelf without Notes, and yet with great Eafe and Fluency of Ex- 
 preffion; and performs every Part of divine WorlTiip with a fir iking 
 Solemnity. d vin; - . , it MAi-i'M\yi\m^uW^ 
 
 The FrMfA Church, by the Contentions in 1724, and the Difufeof the Lan- 
 guage, is now reduced to an inconfiderable Handful. The Building whicli is 
 of Stone nearly a Square *, plain both within and without. It is fenced from 
 the Street, has a Steeple and a Bell, the latter of wliich was the Gift of 
 
 . . ■' . . V < • The Area is fewebty-Feet long and iaBreadth flfty» J . . 
 r 'Tiids C c Sir 
 
194 THE H I S T Q RTT 0*F^ N E W.-Y O R K. chap. i.. 
 
 Sir Henry AJshurJi of London, On th6 Front of the Church is the following 
 Infcriptlon, ) * ^ 
 
 iEDES SACRA , 
 GAL LOR. PROT*. 
 ,REFORM. 
 FVND A. 1704. 
 
 P E N I T V S 
 RE PAR. 1741. 
 
 A 
 
 v-^.T.f 
 
 The prefent Minifter, Mr. Carle ^ is a Native of France^ and fucceeded Mr. 
 IR.0U in 1754. He bears an irreproachable Charafter, is very intent upon his 
 Studies, preaches moderate Cahinijm^ and ipeaks with Propriety, both of 
 Pronunciation and Gefture. ^ fs. il i j irx^q rru goo 
 
 The German Lutheran Churches are two. Both their Places of Worfhip 
 arefinall : one of them has a Cupola and Bell. u.v . ., 
 
 The fakers have a Meeting-houfe, and the Moravians^ a new Se6t 
 amongft us, a Church, confifting principally of Female Profelytes from other 
 Societies. Their Service is in the Englijh Tongue. 
 
 The Anabaptijis aflemble at a fmall Meeting-houfe, but have as yet no re- 
 gular fettled Congregation. The Jewsy who are not inconfiderable for their 
 Numbers, worfhip in a Synagogue erected in a very private Part of the 
 Town, plain without, but very neat within. , vi 
 
 ^- The City Hall is a ftrong Brick Building, two Stories in Heighth, in the 
 Shape of an Oblong, winged with one at each End, at right Angles with the 
 firft. The Floor below is an open Walk, except two Jails and the Jailor's 
 Apartments. The Cellar underneath is a Dungeon, and the Garret above a 
 common Prilbn. This Edifice is ere6ted in a Place where four Streets meet, 
 and fronts, to the South-weft, one of the moil fpacious Streets in Town. 
 The Eaftern Wing, in the fecond Story, confifts of the Aflembly Chamber, 
 a Lobby, and a fmall Room for the Speaker of the Houfe. The Wefl Wing, 
 on the fame Floor, forms the Council Room and a Library ^ and in the Space 
 between the Ends, the Supreme Court is ordinarily held. v 
 
 ' The Library confifls of a 1000 Volumes, which were bequeathed to the 
 Society for the Propagation of the GoJ^el in foreign PartSy by Dr. Millington, 
 Reftor of Neneington. Mr. Humpbrysy the Society's Secretary, in a Letter of 
 the 23d of September 1728, informed Govemour Morjgomeriey that the So- 
 ciety intended to place thcfe Books in New-Tork, intending to eflablifh a Li- 
 
 braiy, 
 

 CHAP. r. THE HISTORYOF NEW-YORK. 195 
 
 brary, for the Ufe of the Clergy and Gentlemen of this and the neighbouring 
 Governments of Conne^lcut^ New-Jerfeyy and Pennfyhaniaj upon giving 
 Security to return them i and defu'ed the Governour to recommend it to the 
 Affembly, to provide a Plate to repofit the Books, and to concur in an Aft 
 for the Prefervation of them and others that might be added. Governour 
 Montgomerie fent the Letter to the Aflembly^ who ordered it to be laid before 
 the City Corporation, and the latter in '^June 1729, agreed to provide a pro^- 
 |)er Repofitory for the BookS) which were accordingly foon after fcnt over. 
 The greatefl: Part of thwn are upon theological Subjefts, and tluough the 
 Carel^nefs of the Keepers many are milling. 
 
 ^■' In 1754, a Set of Gentlemen undertook to carry about a Subfcriptibn to* 
 wards railing a pub4ick Library, and iiv a few Days collected near 600 /. 
 which were hid out in purcha^ng, about 700 Volumes of new, well chofen-. 
 Books. Every Subfcriber, upon Payment of 5 /. Principal, and the annual 
 Sum of 10 s. is entitled to the Ufe of thefe Books. His Right by the Ai- 
 ticles is aflignable, and for Non-compliance with them may be forfeited. 
 The Care of this Libraiy, i& commited to twelve Truftees, annually elefted 
 by the Subfcribers, on the laft ^uefday of ApriU wha- are rcfhidted from 
 niaking any Rules repugnant to the fundamental Subfcriptioa. TJiis. is the 
 Begining of a Libraiy, 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 Security and Encouragement. The Books are depofited in 
 the fame Room with thofe given by the Society. ' ; I 
 
 J Belides the City Hall, there belong to the Corporation,, a large. Alras-houfe 
 or Place of Correftion, and the Exchange, in the latter of which there is a; 
 large Room raifed upon Brick Arches, generally ufed for. puhlick Entertaiur 
 mehts. Concerts of Mufick, Balls and Afiemblies. 
 
 Though the City was put under the Government of a Mayor, &c. in 1 665, 
 it was not regularly incorporated till. 1686. Since that Time feveral Char- 
 ters have been paffed : the lafl. was granted by Governour Montgomerie on the 
 15th of January 1730.. 
 
 It is divided into (even Wards, and^is under the Government of aMayor, 
 Recorder, feven Aldermen, and as many Afllftants or Common Councitmen. . 
 The Mayor,, a. Sheriff, and Coroner, are annually appointed by the Gover- 
 nour. The Recorder has a Patent during Pleafiire. The Aldermen, AfliftT 
 ants, Afleflbrs and Colkftors, are annually elected by the Freemen and Free- 
 holders of the itfyt^wt Wards. The Mayor has the fole Appointment of a^ 
 Deputy, and, together with four Aldermen, may appoint a Chamberlain. The 
 J r C c 2.. Mayor, ^ 
 
 * 
 
mmtimmtmmmt 
 
 m'mim''* 
 
 ntumm 
 
 '■7= W - ■■■^ 
 
 J9fc T\tJ; H IJBfiO R Y; O F NS W-Y R K. chajp, ?. 
 Mayor or Rec6rdcr, fo\if Aldermen, and as many AflUlants, foim " TU 
 " Common Council of the City of New-Tork-" and this Body, by a Majority of 
 Voices,! hath Power to make Bye-laws for the Government trf the City, wjnch 
 ale binding only for a Year, unlels coi£firmed by thie Govemourand Council. 
 They have many other Privileges relating to Ferriages, Markets, Fairs, the 
 Adize of Bread, Wine, &c. and the licenfing and Regulation of Tavern 
 Keepei-s, Cartage, and the like. The Mayor, his Deputy, tjie Recorder and 
 Aldermen, aie conilituted Juftices of the Peace j and may liold not otily ii 
 Court of Record once a Week, to t^e CognizanciS of all civil Caufes, but 
 alfo a Court of General Quarter SefTions of the Peaee. They have a com^ 
 mon Clerk, commiilioned by the Governour, who enjoys an Appointment 
 worth about four or five hundred Pounds /^r Annum. The aimuaji Revenue 
 of the Corporation is near two thoufand Pounds.. Theiftamding Militia of 
 theliland confifts of about 2300 Men *, and,:tl;xe City has in Refervc,::4 
 thoufand Stand of Arms for Seamen, the Poor and others, in Cafe of an 
 Invafion. 
 
 The North Eaftem Part of New-Tork Ifland, is inhabited, principally, by 
 Dutch Farmers, who have a fmaH Village there called ffarlem^ .pieafasntly 
 fituated on a Flat cultivated for theCity Markets.., ;|ric{5i 29!r;JJ.*(ni: ^ni.firi^ 
 
 
 W 
 
 E S T-C H E S T'E ^/^^^f^^'^'^m^^^-^ 
 
 THIS County is large, and includes all the Land ieyoiid the Ifland of 
 Manhatans along the Sounds to the CohneBiciit Line vvliich is'its Eaftem 
 Boundary. It extends Northward to the Middle 6f the Highlands, and 
 Weftward to Hudfons River. A great Part of this Coimty is contained in 
 the Manors of JPhilipJburghy Pelhamj Fordimm^ 2iidi Courtlandi.y'^t taftTof 
 which has the Privilege of fending a RepreJentative to the General Aflerribly. 
 I'he County is tolerably fettled. The Lands are in general rough Ijut feri 
 tile, and therefore the Farmers run principally on Grazing. Ithasfeveral 
 Towns, Eaft-Chejicry IVeft-CheJier, New-Rochelk^. ^ye^ ^$€^ordi ahd" Nqrth- 
 Cajlk. The Inhabitants are either £«^/;^ or D«(<;i5 Tiremyteria^^^ &iic9f 
 palians, Quakers and French Proteftarits. The former are the moll iiumer^ 
 Tlie two Epilcopal Miflionaries are fetfled at Rye and Faji-Cheficr^ and 
 
 ous. 
 
 * Thft ^'hols Number of Uie Inhabitants, 'Negroes; buttbat Account U cmuieous., It is 
 
 rxclufiveof Females above fixty, accbrdingtoa moft probable that U>f09ifi^ io^theC^i^ |5|09p 
 
 Lift -returned to the Governour, in the JSpring SomI^.'"' n V ;r,, TJjf^^^^^^^^ 
 
 1756, amounted to 10,468 Whites, and 2275 ,; '' l^O^^'""^ *.flJj;i31 JKIX. , Jif ? 1 
 
 rece] 
 
 Che} 
 
 \ ' ■ 
 
 T 
 
 the 
 ^mo\ 
 
 receive 
 
Mrik. 
 
 ftneTT 
 and 
 
 Ilk 
 
 iceive 
 
 CHAP. I. THJ: HISTORV OF NE W.YORK. '197 
 receive each 60 /. annually taxed upon the County. The Town of Wejl- 
 Chtejkr is an incorporated Borough, enjoying a Mayor's Court, and die 
 Right of being reprefented by a Member in Aflfimbly. » . * •* 
 
 .,30h -'■ *( 
 
 D U 1 C H E S S.. 
 
 .»,A,<-,! 
 
 ni*^ HIS County adjoins to fVeJl-CheJier, which bounds it on the Soutl^, 
 i the ComeSficut Line on the Eafl *, Htuifons River on the Weft, .and 
 the County of Alhany on the North. The South 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 Pogb^ 
 keepjing and the Fijh-Killy though they fcarce deferve the Name. The linha- 
 bitantson the Banks of the River axe Dutch ^ butthofe more Eafterly BnglWy 
 nun^ and, for the moft Pait, Emigrants from ConnedHcut and I/ing jyknd. 
 There is no Epifcopal Church in it. The Growth of this County ha,^ l^en 
 very fudden, and commenced but a few Years ago. Within the Mempry of 
 Perlbns now Uvirig, it did not cQn,tain above twelve Fanulies; and accpraing 
 to the late Returns of the Militia, it will fiirnifti at prefent abovQ 2509 
 fighting Men. 
 
 
 i'io-iV/v/y'. 
 
 B 
 
 A N Y. :3V^ fc.:>I-3-i sdl IiU \^4: 
 
 THIS County extends from the South Bounds of the Manor of Li'oing' 
 Jion on the Eaft Side, and Uljier on the Weft Side of Hudfin's River j 
 on the North its Limits are not yet afcertained. It contains, a vaft C^ntity 
 of fine lowLfUid. Its principal Commodities are Wh^t, Peafe, and Pine 
 Boards. . 
 
 The City of yUbair^y which is near 150 Miles from New-Tork, is fituated 
 on the Weft Side of the River. There our Govemours ufually treat with 
 the Indian Dependents upon the Britijh Crown. The Houfes are built of 
 Brick in the Dutch TdXcy and are in Number about 350. There are two 
 Churches in it. That of the Epifcopalians, the only one in this large County, is 
 a ftone Buildmg. The Congregation is but finall, almoft all the Inhabitants 
 
 • Inc^efcribing the Limits of thefeveral Coun- perfeft, ^fpeciaUy the general A& in 1691. The 
 
 ties, I legard their Bounds according to the Ju- greateft Part of Hud/tn's River is not included 
 
 rifdi<%on as now exeicifed in carh, rather than in any of Ofir Counties, 
 ihe Laws relating to them, which are very im> ^ ^ 
 
 . V* 1,^ i\t^:^ 
 
 reforting 
 
19^ THE HISTORY OF NEW- YORK. chap. i. 
 
 reforting to the Dutch Church, which is a plain, fquare, ftone, Edifice. 
 BeAdes thefe they have no other publick Buildings, except the City Hall and 
 the Fort j the latter of which is a ftone Square, 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 in 1686, and is under the Government 
 of a Mayor, Recorder, fix Aldermen, and as many Afliftants. It has alio a 
 SheriflF, Town Clerk, Chamberlain, Clerk of the Markets, one HighCon- 
 ftable, three Sub-donftables, and a Marflial. The Corporation is empower-' 
 cd befides to hold a Mayor's Court for the Trial of civil Caufes, and a Court 
 of General Quarter Seflions. . . * -T. » 
 
 '. Sixteen or eighteen Miles North-weft from Albany Iks ScheneSladyt on Ac 
 Banks of the Mohawks Branky which falls into Hudfons River. 12 Miles to 
 the North of Albany. This Village is compaft and regular, built prin- 
 cipally of Brick, on a rich Flat of low Laiul, furrounded with Hills. It 
 has a large Dutch Church, with a Steeple and Town Clock near the Center. 
 The Windings of the River through die Town, and the Fields (which are 
 often overflowed in the Spring) form, about Harveft, a moft beautiful Pro- 
 IpeA. The Lands in the ^/ale of ScheneSlady are fo fertile, that they are com- 
 monly fold at 45 /. per Acre. Though the Faimers ufe no Kind of Manure 
 they till the Fields every Year, andthey always produce full C'rops of Wheat 
 or Peafe. Their Church was incorporated by Govcrnoiu' Cojhyy and the 
 Town has the Privilege oi fending a Member to the Aflembly. '- % 
 
 From this Village our Indian Traders fet out m Battoes for Ofw<^o. The 
 Mobawk*s River, from hence to Fort Hunter, abounds with Rifts and Shoals, 
 which in the Spring give but little Obftru£lion to the Navigation. From 
 thence to its Head, or rather to the Portage into the If^ood Creek , the Con- 
 veyance, is eafy and the Current lefs rapid. The Banks of this River are, in 
 general, low, and the Soil exceeding good. Our Settlements, on the Noith 
 Side, extend to Burnet's Field, a Flat inhabited by Germans, which produces 
 Wheat and Peafe in furprifing Plenty. On the South Side, except a few 
 Scotch Irijh in Cherry Valley at the Head of Sufquehannay we have but few 
 Faims Weft of the three German Towns on Scbobare, a fmall Creek which 
 empties itfelf into the Mohawk's Ri\ er, about 20 Miles Weft of Schene^ady, 
 The Fiu" Trade at Ofwego, is one of the principal Advantages of this Count v. 
 The Itidiam refort thither in May, and the Trade continues till the latter 
 End of July. A good' Road might be made from ScheneSlady to Ofwego. bi 
 
 the 
 
cHAP.i. THE HISTORY O F N E W-Y O R K. 199 
 
 the Summer 1755, fat Cattle were eafily driven there for the Army under 
 the Command of General .Sy^/V/^. . 'J'niS^';-it.\'; 
 
 The principal Settlements to the Northward of Albany are Connefligiune^ 
 Eaftward of ScheneBady on the Mohawk's River, which a little lower tumbles 
 down a Precipice of about 70 Feet high, called the Caho's. The Surprife, 
 which as one might imagine, would naturally be excited by the View of fo 
 great a Cataraft, is much diminilhed by the Heighth of the Banks of the 
 River j befides, the Fall is as uniform as a Mill-dam, being uninterrupted by 
 the Proje^ion of Rocks. 
 
 At Scaghtahookt on the Eaft Side of the North Branch of Hudfons River, 
 there are a few Farms, but many more feveral Miles to the Eaftward, and 
 about 25 Miles from Albany ^ in the Patent of Hofick. Thefe were all broke 
 up by an Irruption of French and Indians, who on the 28th of Auguji 1754, 
 killed and fcalped two Perfons, and fet Fire to the Houfes and Barns. , 
 
 About 40 Miles to the Nortfiward of Albany , on the Weft Side of the Ri- 
 ver, lies Saragtogay a fine Traft of low Land, from which feveral Families 
 were driven by the French IndianSt in the late War. A Project of purchafmg 
 tliefe Lands from the Proprietors, fettling them with Indians, raifing a Fort 
 there and cultivating the Soil for them, has been often talked of fince Cap- 
 tain Campbelh DiTappointment, as a proper Expedient to cuib the fcalping 
 Parties fent out from Crown Point, 
 
 In the Southern Part of the County of Albany^ on both Sides of Hudfon's 
 River, the Settlements are very fcattered, except within twelve Miles of the 
 City, when the Banks become low and acccflible. The lilands here, which 
 are many, contain perhaps the fineft Soil in the Workl. 
 
 There are two Manors in the County, RenJIaerwick and Livingfton, which 
 have each the Privilege of fending a Member to the Aflembly. The Tenants 
 of thefe Manors, and of the Patents of Claverack, have free Farms at the an- 
 nual Rent of a Tenth of the Produce, which has as yet been neither exafted 
 nor paid. At Ancram in the Manor of Livitiffton is an Iron Furnace, about 
 14 Miles from the River. Itsbeft and moft improved Lands lie at Tachnnic in 
 the Eaftern Parts, which have of late been much difturbcd by the Inroads 
 of the Majfacbufet's Bay, on this and the Pateail of JVcJicrnhook and Claverack. 
 
 The Winters in this County are commonly fevere, and Hudfon's River 
 freezes fo hard a hundred Miles to the Southward of Albany ^ as to bear Sleds 
 loaded with great Burdens. Much Snow is very ferviceable to the Farmers 
 here, not only m protecting their Grain from the Froft, but in facilitating 
 
 ,* ■»v \ 
 
 »:( 
 
20O THE HISTORY OF NEW-YORK. chap.i. 
 
 the Tranfportation of thdr Boards and other Produce, to the Banks of the 
 River agatnf): the enfuing Spring. 
 
 ■r». 
 
 ULSTER. 
 
 ^h 
 
 THIS County joins to that of Manyy on the Weft Side of Hudfon*s 
 River. Its Northern Extent is fixed at Sawyers Rill : the Rivers De- 
 laware and Hudfon bound it Eaft and Weft, and a Weft Line from the Moudi 
 of Murderers Creek is its Southern Limit. 
 
 The Inhabitants are Dutch, French^ Englijh, Scotchy and Irijh^ but the 
 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 Kinifton^ fituated about two Miles from Hudforis Ri- 
 ver. It contains about 1 50 Houfes moftly of Stone, is regularly laid out 
 on a dry level Spot, and has a large ftone Church and Court-houfe near the 
 CeQter. It is thought to refemble ScheneSladyy but far exceeds it in its Eleva- 
 tion : On the North Side of the Town, the Efopus Kill winds through rich 
 and beautiful Lawns. The People of Uljier having long enjoyed an undif- 
 turbed Tranquility, are fome of the moft opulent Farmers in the whole 
 Colony. 
 
 This County 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 (^arry of 
 Millftones, which far exceed thofe from Colen in Europe y formerly imported 
 here, and fold at 80 /. a Pair. The Marbletown Millftones coft not a fourth 
 Part of that Sum. This and the Counties of Dutchefs and Orange abound 
 with Lime-ftone, and on the Banks of Hudfon s River aie found great Bodies 
 of blue Slate. 
 
 The principal Villages, befides KingJIon, are Marbletowny Hurley y RocheJIery 
 New PaltZy and the JVall-killy 4ach of which is furrounded with fineTrafts 
 of low Land. The Militia of Vlfler is about 1 5 or 1 600 Men and a Com- 
 pany of Horfe. . i 
 
 .•_,. -..^, .... ..:-,- ORANGE Y.*-'- • ' ^X., 
 
 CO U N T Y is divided by a Range of Mountains, ftretching Weftward 
 fn)ni Hudfon s River, called Tbe Highlands. On the North Side the 
 Lands are very broken but fertile, and inhabited by i>cotc/jt Irijby and Englijh 
 
 Prefbyterians. 
 
' it • Itf 
 
 tward 
 le the 
 
 \ngitjb 
 rians. 
 
 CHAP, I. THE HISTORY OF NEW-YORK. 201 
 
 Priefbyterians. The Society's Miffionary in Ul^er preaches here fometimes 
 to a fmali Congregation of the epifcopal Perfuafion, which is the only one 
 in the County. Their Villages are Go/hen^ Bethlehem, and Little Britain, all 
 remarkable for producing, in general, the beft Butter made in the Colony. 
 The People on the South Side of the Mountains are all Dutch; and Orange 
 Town, more commonly 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 about #3 00 fighting Men. 
 
 V This County joins to the Province of New-Jerfey on the South j and the 
 Non-fettlement of the Partition Line has been die greateft Obftruftion to 
 its Growth. . ,. 
 
 There is a very valuable Traft called the Drowned Lands on the North Side 
 of the Mountains, containing about 40 or 50,000 Acres. The Waters, which 
 defcend from the furrounding Hills, being but flowly difcharged by the Ri- 
 ver iflfuing out of it, cover thefe vaft 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 of the River, and a dreadful, de- 
 vouring Conflagration over-runs it, confuming the Herbage for feveral Days. 
 The JValkill River, which runs through this extenfivc, amphibious Traft, if 
 I may ufe the Expreffion, is in the Spring flored with Eels of uncommon 
 Size and Plenty, very ufeful to the Farmers refiding on its Banks. The Ri- 
 ver 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 in- 
 formed by Mr. Clinton, a Gentleman of Ingenuity and a mathematical Turn, 
 that the Channel might, for lefs than 2000 /. be fufRciently deepened to draw 
 off all the Water from the Meadows. Some Parts near the Banks of the 
 Upland, have been already redeemed from the Floods. Thefe Spots are very 
 fertile, and produce Englijh Grafs, Hemp, and Indian Com. 
 
 The Mountains, in the County of Orange, are clothed thick with Tim- 
 ber, and abound with Iron Ore, Ponds, and fine Streams for Iron Works. 
 Cojhen is well fupplicd with white Cedar, and in fome Parts of the Woods is 
 found great Plenty of black Walnut. 
 
 Before I proceed to the Defcription of the Southern Counties, I beg Leave 
 to fay a few Words concerning Hudfons River. 
 
 Its Source has 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 Southward it approaches the Mohawks River 
 
 D d within 
 
202 THE HISTORY OF NE>^r-YORK. chap.i. 
 
 within a few Miles at Saucondaaga, From thence it runs North and North- 
 eafterly towards Lake St. Sacrement, now called Lake George, and is not 
 above 8 or lo Miles diflant from it* The Courfe then to New-York is very 
 uniform, being in the Main South 12 or 15° Weft. 
 
 The Diftance from Albany to Lake George is computed at 65 Miles. The 
 River in that Interval is navigable only to Batteaus, and intern^ted by 
 Rifts, which occafton two Portages of half a Mile each *. There are three 
 Routes from Crown Point to HuJfons River in ikfi Way to Albany j one 
 through Lake George, another through a Branch of Lake Champlain, bear- 
 ing a Southern 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 Ihallow Stream about one hundred Feet broad, which, coming from the 
 South-eaft, empties itfelf into the South Bi*anch of the Lake Champlain. 1'^ 
 The Place, where thefe Routes meet on the Banks of Hudfon's River, is 
 called the Carrying Place. Here Fort Lyman, fmce called Fort Edward, is 
 built i but Fort fVi/liam Henry, a much ftronger Garrifon, was erefted at tlie 
 South End of Lake George, after the Repulfe of the French Forces under the 
 Command of Baron Diejkau on the 8th of September ^ysS' General Shir^ 
 /(?y thought it more advifablcj to ftrengthen Fort Edward 'm the CoiKurrence 
 of three Routes, than to ereft the other at Lake G^or^^ 17 Miles to the 
 Northwaid of it j and wrote a very prefling Letter upon that Head to Sir 
 William John/on, who then commanded the Provincial Troops. 
 
 , The Banks of Hudfons River are, for the moft part, rocky Cliffs, efpeci- 
 ally on the Weft^rn Shore. The Paffage through the Highlands, affords a 
 wild romantick Scene, for fixteen Miles, through fteep and lofty Mountains. 
 The Tide flows a few Miles above Albany. The Navigation is fafc, and 
 performed in Sloops of about 40 or 50 Tons Burden, extremely well accom- 
 modated to the River. About fixty Miles above the City of New-Tork the 
 Water is frefli, and in wet Seafons much lower. The River is ftorcd with 
 Variety of Fifh, which renders a Summer's Paffage to Albany, exceedingly 
 diverting to fuch as are fond of Angling. 
 
 The Advantages of this River for penetrating into Canada, and protc6ling 
 the Southern Colonies from the Irruptions of the French, by fecuring the 
 Command of the Lakes, and cuting off the Communication between the 
 French Settlements on St. Lawrence and the Miffiffippi, though but lately at- 
 tended to, muft be very apparent to every judicious Obferver of the Maps of 
 the inland Part of A'(jA/'/6y/w<mv?. Ki'.^ .lomh:.' un<f juu;w*^ii'.»;m wj-7 ni c 
 
 * In the Paflnjtc from Albany to Fcrt Edxx/and, the whole Land Carriage is about 1 1 or 13 Milw. 
 
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 cifAP.i. THE HISTORY OF NEW-YORK. ...^ 
 
 Thu^ Fr^cify asiaj^ars from the intended Invafion in 1689, have long 
 fyed the EngliJIi Pofle:flion of this Province with Jealoufy ; and it becomes 
 U8 to falljiipon every Method for its Prote<5lion and Defence. ' "^ -"^^^^ ' 
 The fuigularConveniency of Hudforis River to this Province in particular, 
 was ib fully Ihcwn in one of the late Papers, publiflied in 1753, under the 
 Title of the Independent ReJkStor^ that I cannot help reprinting the Paflage re- 
 lating to it. 
 
 " High Roads, which, in moft trading Countries, are extremely expen- 
 ** five, 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 narrow Oblong?, extending from the City 
 ** Eaft and North, havmg Water Carriage from the Extremity of one, and 
 " from the Diflance of one hundred and fixty Miles of the other j and by 
 the moft accurate Calculation, has not, at a Medium, above twelve Miks 
 of Land Carriage, throughout its whole Extent. This is one of the 
 ftrongeft Motives to the Settlement of a new Country, as it affords the 
 eafieft and moft fpeedy Conveyance from tlie remoteft Diftances, and at 
 the loweft Expence. The EfFefts of this Advantage are greater than we 
 ufually obferve, and are therefc«-e not fufficiently admired. 
 " The Province of Penfyhaniaj has a fine Soil, and, through the Impor- 
 tation of Germans t abounds with Inhabitants ; but being a vaft inland 
 Country, its Produce muft, of Confequence, be brought to a Market 
 •' over a great Extent of Ground, and all by Land Carriage. Hence it is, 
 that Philadelphia is crowded with Waggons, Carts, Horfes, and their Dri- 
 vers : a Stranger, at his firft Enrrance, would imagine it to be a Place of 
 Traffick, beyond any one Town in the Colonies; while at Neiv-Tork, 
 in particular, to which the Produce of the Country is all brought by Wa- 
 ter, there is more Bufmefs, at leaft, Bufmcfs of Profit, though with Icfs 
 Shew and Appearance. 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 Employ- 
 ments, that fill the City of Philadelphia with fome Hundreds of Men, 
 who, in Refpeft to the public Advantage may juftly be faid, to be labo- 
 rioufly idle : for, let any one nicely compute the Expence of a Waggon, 
 with its TackUng ; the Time of two Men in attending it ; their Mainte- 
 " nance ; four Horfes and the Charge of their Provender, on a Journey of 
 one, tliough they often come, two hundred Miks ; and he will find, thefe 
 feveral Particulars amount to a Sum fai* from being inconfiderable. All 
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 204 THE HISTORY OF NEW-YORK. cha*. i. 
 
 thij Time the Nnv-Tork Farmer is in the CourTe of his proper Buiinefs, 
 and tiie unincumbered Acquidtions of his CaUing j for, at a Medium, 
 there is fcarce a Farmer in the Province, that cannot tranfport the Fnuts 
 ** of a Year's Labour, from the beft Farm, in three Days, at a proper Seafbn, 
 to fome convenient Landing, where the Market will be to his Satisfaction, 
 and all the Wants from the Merchant, cheaply fupplied : beildes which, 
 one Boat (hall (leal into the Harbour of New-Torky with a Lading of 
 ** more Burden and Value, than forty Waggons, one hundred andficty Horles, 
 •' and eighty Men, into Philadelphia j and perhaps with lefs Nolle, Blufter, 
 *• or Shew than one. 
 
 •* Prodigious is the Advantage we have in this Article alone, I (hall not 
 " enter into an abftrufe Calculation, to evince the exaiSl Value of it, in all 
 the Lights in which it may be confidered j thus much is certain, that barely 
 on Account of our eafy Carriage, the Pro(its of Farming with us, exceed 
 thofe in Pennfyhaniay at leaft by thirty per Cent, and that Difference, in 
 Favour of our Farmers, is of itfelf fufficient to enrich them j while the 
 *' others find the Difadvantage they are expofed to, (b heavy, (efpecially the 
 " remote Inhabitants of tlieir Country) that a bare Subfiftence 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 Difhince of 
 " one hundred Miles j but the fame Quantity at the like Diftance in Ten- 
 '* fyhaniay will always exceed us one Shilling at lea(t. The Proportion be- 
 tween us, in the Conveyance of every Thing elfe, is nearly the fame. How 
 great, then, are the Incumbrances to which they are expofed ! What an 
 immenfe Charge is faved to us ! how fenfible mud the Embarradments 
 they are fubjeft to, be to a hading People l" 
 ' ■ ■ '■«'<:: *y. .;!?: J'l iia a; ' 
 
 > • RICHMOND i^ V' 
 
 COUNTY confids of Staten Ifland, which lies nine Miles South Weft- 
 ward from the City of New-Tork. It is about 1 8 Miles long, and at a 
 Medium fix or feven in Breadth. On the South Side is a confiderable Tra6l 
 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 bsen long without a Minifter, refort to an 
 epifcopal Church in Richmond Town, a poor mean Village and the only cme 
 on the Ifland. The Parfon of the Parifh receives 40 /. per Annum raifcd by 
 a Tax upon the County. 
 
 « 
 
 (C 
 
 (( 
 
 .) 
 
 Southward 
 
CHAP. I. THE HISTORY OF NEW-YORK. 205 
 
 Southward of the main Coaft of this and the Colony of ConneSlicut^ lies 
 Long Ifland, called by the Indians Matowacs^ and named, according to an 
 A6t of Affembly in King William's Reign, Najfau. Its Length is computed 
 at 120 Miles, and the mean Breadth twelve, The Lands on the North and 
 South Side are good, but in the Middle fandy and barren. The Southern 
 Shore b fortified againft any Invafion from the Sea by a Beach inaccefHble 
 to Ships, and rarely to be approached, even by the fmalleft Long-boats, on 
 Account of the Surge, which breaks upon it with great Fury, even when 
 the Winds are light. The Coaft Eaft and Weft admits of regular Soundings 
 far into the Ocean, and as the Lands are, in general, low for ieveral hundred 
 Miles, nothing can be more advantageous to our Ships, than the high Lands 
 of Neverfink near the Entrance at tlie Hook^ which are fcarce fix Miles in 
 Length, and of ten feen thirty Leagues fio^ the Sea. This Ifland affords the 
 fineft Roads in America^ i^ being very level and but indifferently watered. It 
 is divided into three Counties. 
 
 
 .t!>mrl\ity'^y^.A t«U 
 
 I N 
 
 ii 
 
 J-^ji*-'^ ''-♦ #• «-r*r',' 
 
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 «. f-t 
 
 COUNTY lies oppofite to N^-Tork on the North Side of Long Ifland. 
 The Inhabitants are all Dutcby and enjoying a good Soil, near our 
 Markets, are generally in cafy Circumftances. The County, which is very 
 fmall, is fettled in every Part, and contains Ieveral pleafant Villages, viz. 
 Bu/bwick, Breuckliny Bedford^ Flat-Bujhy Flat-Landsy Ne^-Utrecbty andf 
 Gfaijcfcnd • ' *^'' ^'''^••''•* Viuiii-JM** 1.0 ji^zi fifi Vm it^tijji 'M*'.\fi^ ly- .^ • * «i.j «c'i"v'' 
 
 by 
 
 o'i 6..-i-i 
 
 Ct U E E N S 
 
 •\ .••: 
 
 
 COUNTY is more extenfive, and equally well fettled. The principal 
 Towns are Jamaica^ Hempjiead^^ Flujhingy Newfonvny and Oyfierday» 
 Hempftead Plain is a large, level, dry, champain, Heatli) about fixteen Miles 
 bng, and fix or feven wide, a common Land belonging, to the Towns of 
 Oy/ierbay and Hemp/lead. The Inhabitants are divided into Dutch ^n^EngUJh 
 Prefl)yterians, Epifcopalians,. and Qjiakers. 
 
 There are but two eplfcopal Mifllonaries in thisCoimty, one fettled at jy</- 
 maicay and the other at Hempftead -y and each of them receives 60 /. annually 
 levied upon all tlie Inhabitants. 
 
 ^ard 
 
 [A ?! O 
 
 S U F- 
 
2o6 TH^ tII9Tf pRjY OF KfiWty ORR. ohap. i. 
 
 INCLtJOtS allthe:ESlSemT»klt6f'4^fl^a; ^^^fe^Iflaffif^^r's 
 Ifland, P/«w^inand, ittfl lAfelflc bi^ fTMH This'largfe^^QUnt^'fasbeen 
 long fettled, and except one fmkll 'epiftdpal Congregation, confifts feritireljr of 
 Englijh Prefbyterians. Its principal Tq\ms 'are Huntington, Smith Town, 
 Brookhaven, Southampton', Southhofd^^nd !Bafihanliptdh,. ; TneFanntTs are, for 
 the moft part. Graziers, and living very itmotfefrom ^ew-Terk, a grfeat Part 
 of their Produce is canied to Markets ill B&flon^zM Rhode IJtand. The Indi- 
 ans, who were formerly nurncrous on rfiiis Ifland,'*are now bccomfe very in- 
 conliderable. Thofe that remain, generally bind themfelves Servants to the 
 Englijh. The Whale Fifhery,' 'ori jfic Soutit ^ide*oif the ifland, has declined 
 of late Years through the Scarcity of WliaSieff, ajnd is how almoft entirely 
 neglefted. ...'-/-... 
 
 The Elizabeth Iflands, Nantucket y Martins Vineyard, &c. and Pemy ^id, 
 which anciently formed Duke's ^r^i theCoi|nty;^f Cornival, are now undei* 
 the Jurifdiftion of the Majfachufefs Bay. Sir William Phips demanded them 
 of. Governour. Fktch^ in February 1 6^2-3, ^9t^ jij;^ ^er the ] n^ / liartfti* 
 tp that Province; i but the Government here was then pf Opinion, that, that 
 CQlQQy w^ not entitled to any Iflands Weftward of Nantucket. ^ - - 
 
 An Eflimsjte pf the comparative Weal^.of our Counties, may bq formed 
 irpin any of our AfTeffinents. In a 10,0001/. Part of , a 45,000 A. Tax laid in 
 I j^^j the Proportions fettled by an A61 of AfTembly ftood thus : ^^jv^V*:*.. •' -• 
 
 
 •.ni 
 
 New-Tork 
 
 Albany 
 
 King's 
 
 'SuffbOt' '■■'■' 
 ^•Richmond 
 "•' Weft-€hejkr 
 
 . Dutchefs 
 
 Orange '•■''^"^_v*- '-■ '-.; fi%i>nj^ i^i(i<)/. ?> uwn 
 
 X^3332 
 1060 
 
 . 484 
 * 1060 
 
 86b 
 
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 304 
 
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 £ 10,000 : o : o 
 
 'U' 
 
 CHAP. 
 
 .)! 
 
cHAP.ii. THE HISTORY OF NEW-YORK. 207 
 
 r i'ynw miil ibMi:i\'^'i t^: < i- .awoffjiai:/ rrrl; i . (tor!.. ,^ i:.i..c-. -. 
 
 ''^'^^'^"'^^Cy/yJ^ Inhabitants.. ' \'"^l 
 
 illuV'. 
 
 '■'■ ^ i < •■j»'^.v«Ji»AX t O.Mfc/JvW IV^^ A'* '/.,(»>«>. «s, A X-JM V'' •»"-->* i/i«»» 
 
 ■.,;<! 
 
 > »i 
 
 TH IS Province is ftot fo populous as fome have imagined^ Scarce a 
 thirdrPart of it is under Cultivation. The Colony of Connediicutt 
 which is vaftly inferior to this in its Extent, contains according to 
 a late authentick Enquiry above 133,000 Inhabitants, and has a Militia of 
 27,060 Menj^ but the Militia of New-York^ according to tlie general Efti- 
 mate, does not exceed 1 8,000. The whole Number of Souls is computed 
 at 100,000. l■:''^i^W:a, -^i^ "v;:; v.;^di 
 
 .s \v -n 
 
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 Many have been the Difcouragements to the Settlement of this Colony. 
 
 Th&jFh* jb^dlndmn IrruJJtrons, to which we have always been ex'pofed,. 
 
 have d iven many Families into Ncw-Jerjey. At Home, the Brittfh Afts 
 
 for tJ J Tnihfpoffetrcrti of Fdons, have brought all the American Colonies 
 
 into Liferedit witli the induftrious and honeft Poor, both in the Kingdoms 
 
 of Oredt^Brikiin and Ireland. The mifchievous Tendency of thofe Laws 
 
 was fheWn in a late Paper, which it may not be improper to lafy before the 
 
 Reader*. 
 
 " It is too well known that in Puifuance of divers A<Sls of 'Parliament, 
 
 great Numbers of Fellows who have forfeited their Lives to the Public, . 
 
 for tlie moft atrocious Crimes, are annually tranfported fix)mHome to- 
 
 thefe Plantations. Very furprizing one would think, that Thieves, Burg^Iars, , 
 
 Pickpockets, and Gutjpurfes, and a H^rdbf the moft flagitious Banditti. 
 
 upon Earth, fhould be fent as agreeable Companions to us ! That the fu- 
 
 preine Legiilature d'd initend a Tranfportation to .^elr/ftf, for a Ptinifh-- 
 
 ment of thefe Villains, I verily believe: but ifo great is the Miftake, that 
 
 confident I an^, thfcy aife theieby, on the contrary, highly rewarded. For 
 
 what, in God's Name, tah be more agreeable to a penurious Wi'etch,! 
 
 " driven, through Necefllty, to feeW a Livelihood by breaking of Hoiifes, 
 
 " and robbing upon the King's Highway, than to be faved frcrni the I^ter, , 
 ■ wtt a^i to ri6*i i}mi\ R *wi ,i.:.Mif'r a liiM r» tin oj ,3mc'-W-/3U jzui-igiii ■* 
 
 " redeemed: 
 
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ao8 THE HIS T O R Y Q E N E W-Y OR K, chajp. ii. 
 
 *' redeemed from the Stench of a Goal, and tranfported, Paflage free, into 
 ** a Country, where, being unknown, no Man can reproach him with his 
 ** Crimes j where Labour is high, a little of whicl;i 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 tlian hanged. Life in 
 any Condition, but tliat of extreme Mifeiy, will be preferred to Death. 
 As long, therefore, as there remains this wide Door of Efcape, the Num- 
 ber of Thieves and Robbers at Home, will perpetually multiply, and 
 their Depredations be inceflantly reiterated. 
 *• But the A6ls were intended, for the better peopling the Cplonies. And will 
 " Thieves and Murderers be conducive to that End ? What Advantage can 
 we reap from a Colony of unreflrainable Renegadoes ? will they exalt the 
 Glory of the Crown ? or ratlier, will not the Dignity of the moft illuftri- 
 ous Monarch in the World, be fullied by a Province of Subjefts fo law- 
 lefs, deteftable, and ignominious ? Can Agriculture be promoted, when 
 the wild Boar of the Foreji breaks down our Hedges and pulls up our Fines ? 
 Will Trade flourifh, or Manufactures be encouraged, where Propeity is 
 made the Spoil of fuch \yho are. too idle to work, and wicked enough to 
 murder and ileal ?-/; i • . .v. . iv- .. • t. :v..r. • -.-.--- ^.,,.,i. ...r 
 " Befides, are we not Subje^ of the fame King, with the People of Eng- 
 land i Members of the fame Body politic, and therefore entitled to equal 
 Privileges with them ? If fo, how injurious does it feem to free one Part 
 of the Dominions, from the Plagues of Mankind, .and caft them upon 
 another ? Should a Law be propofed to take the Poor of one Parifh, and 
 billet them upon another, would not all tlie World, bu' the Parifh to be 
 relieved, exclaim againft fuch a Proje£l, as iniquitous and abfurd ? Should 
 the numberlefs Villains of London and Wejiminjler be fufFered to efcape 
 from their Prifons, to range at lai'ge and depredate any other Part of the 
 Kingdom, would not every Man join with the Sufferers, and condemn the 
 Meafure as hard and unreafonable ? And though the Hardlhips upon us, 
 " are indeed not equal to thofe, yet the Miferies that flow from Laws, by 
 ** no Means intended to prejudice us, are too heavy, not to be felt. But 
 " the Colonies tnufi be peopled. Agreed : And will the Tranfportation A<^s 
 " ever have that Tendency ? No, they work the contrary Way, and couii- 
 " teraft their own Pefign. 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 finall Part of his Pro- 
 peity. The Delights of fuch Company, is a noble Inducement, indeed, 
 
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 CHAP.n. THE HISTORY OF NEW-i ) R «. 209 
 
 «« to thehoneft Poor, to convey themfelves into a ftrange ountiy. \midft 
 " all cur Plenty, they will have enough to exercife their irtues, a d ftand 
 <* in no Need of the Affociation of fuch, as vs^ill prey upon their Property. 
 ** and gorge themfelves with the Blood of the Adventurers. They cami 
 " over in Search of Happinefs j rather than ftarve will live any where, an* 
 " would be glad to be excufed from fo afflidling an Antepart of the Tor- 
 " ments of Hell. In Reality, Sir, thefe veiy Laws, though otherwife de- 
 " figned, have turned out in the End, the moft efFeftual Expedients, that 
 the Art of Man could have contiived, to prevent the Settlement of thefe 
 remote Parts of the King's Dominions. They have a6tually taken away 
 ** almoft every Encouragement to fo laudable a Defign. I appeal to Fadls. 
 " The Body of the Englip are ftmek 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 is new and uncultivated : but 
 " from the (hocking Ideas, the Mind muft neceffarily form, of the Company 
 of inhuman Savages, and the more terrible Herd of exiled Malefa6tors. 
 * There are Thoufands of honeflMen, labouring in Europe^ at four Pence 
 a Day, ftarving in Spite of all their Efforts, a dead Weight to the refpec- 
 ** tive Parifhes to which they belong ; who, without any other Qualifications 
 ** than common Senfe, Health, and Strength, might accumulate Eftates 
 ** among us, as many have done already. Thefe, and not the others, are 
 " the Men that fliould be fent over, for the better peopling the Plantations. 
 " Great-Britain and Irelandy in their prefent Circumftances, ai'eoverftocked 
 ** with them j and he who would immortalize himfelf, for a Lover of Man- 
 ** kind J fliould conceit a Sclieme for the Tranfportation of the induftrioufly 
 ** honefl abroad, arid the immediate Punifliment of Rogues and Plunder- 
 " ers at Home. The pale-faced, half-clad, meagre, and ftarved Skeletons, 
 that are feen in every Village of thofe Kingdoms, call loudly for the Pa- 
 triot's generous Aid. The Plantations too would thank him for his Af- 
 " fiftance, 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 lince a Bill pafled the Com- 
 mons, for the Employment of fuch Criminals in his Majefty's Docks, as 
 - *' fliould merit the Gallows. The Defign was good. It is con(ifl:ent with 
 found Policy, that all thofe, who have forfeited thfeir Liberty and Lives 
 to their Countiy, fliould be compelled to labour the Refidue of their Days 
 *• in its Service. But the Scheme was bad, and wifely was the Bill rejedled 
 " by the Lords, for diis only Reafon, That it had a natural 'Tendency- to 
 
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 2IO THE HISTORY OF NEW-YORK. chap. ii. 
 
 difcredit the King's Tards : the Confequences of which muft have been 
 prejudicial to the whole Nation. Juft fo ought we to reafon in the pre- 
 fent Cafe, and we fhould then foon be brought to conclude, that though 
 peopling the Colonies, which was the laudable Motive of the Legiflature, 
 be expedient to the Publick j abrogating the Tranfportation Laws, muft 
 be equally neceflary." 
 The Bigotry and Tyranny of fome of our Governours, together with the 
 great Extent of their Grants, may alfo be confidered among the Difcourage- 
 ments againft the full Settlement of the Province. Moft of thefe Gentlemen 
 coming over with no other View than to raife their own Foitunes, iffued 
 extravagant Patents, charged with fmall Quit Rents, to fuch as were able to 
 ferve them in the Aflembly j and thefe Patentees being generally Men of 
 Eftates, have rated their Lands fo exorbitantly high, that very few poor Perfons 
 could either purchafe or leafe them. Add to all thefe, that the New-Eng- 
 land Planters have always been difaflfefted to the Dutch, nor was there, after 
 the Surrender, any foreign Acceflion from the Netherlands. 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 dl Kinds of Servitude and Trades. 
 
 Englijh is the moft prevailing Language amongft us, but not a little cor- 
 rupted by the Dutch Dialed, which is ftill fo much ufed in fome Counties, 
 that the Sheriffs find it difficult to obtain Perfons fufficiently acquainted 
 with the Englif} Tongue, to feiTe as Jurors in the Courts of Law. 
 
 The Manners of the People difler as well as their Language. In Sufolk 
 2sA ^eens County, the firft Settlers of which were either Natives of Eng- 
 land, or the immediate Defcendants of flich as begun the Plantations in the 
 Eaftern Colonies, their Cuftoms are fimilar to thofe prevailing in the Englijb 
 Counties, from whence they originally fprang. In the City of New-Tork, 
 through our Intercourfe with the Europeans, we follow the London Fafhions j 
 though by the Time we adopt tliem, they become difufed in England. Our 
 AfHuence,, during the late War, introduced a Degree of Luxury in Tables, 
 Drefsj, and Furniture, with which we were before unacquainted. But ftill 
 we are. not fo gay a People, as our Neighbours in Bojlon and feveral of the 
 Southern Colonies. The Dutch Counties, in fome Meafure,, follow the Ex- 
 ample of Nmv-Tork, but ftill retain many Modes peculiar to the Hollanders. 
 The City of New-Tork confifts principally of Merchants, Shopkeepers, 
 and Tradefraen, who fuftain the Reputation of honeft, pundhial, and fair. 
 Dealers. With Refpe^ to Riches,^ there is not fo great an Inequality amongft 
 
CHAP. n. THE HISTORY OF NEW-YORK. 211 
 
 iM, as is common in Bojion and fome other Places. Every Man of Induftry 
 and Integrity has it in his Power to live well, and many are the Inflances of 
 Perlbns, who came here diftrefled by their Poverty, who now enjoy eafy and 
 plentiful Fortunes. 
 
 , New-Tork is one of the moft fecial Places on the Continent. The Men 
 colleft themfelves into weekly Evening Clubs. The Ladies, in Winter, are 
 frequently entertained either at Concerts of Mufick or Aifemblies, and make 
 a very good Appearance. Thty are comely and drefs well, and fcarce any 
 of them have diftoited Shapes. Tinftured with a Dutch Education, they 
 manage their Families with becoming Parfimony, good Providence, and An- 
 gular Neatnefs. The Pradtice of extravagant Gaming, common to the 
 fafhionable Part of the fair Sex, in fome Places, is a Vice with which my 
 Countrywomen cannot juftly be charged. There is nothing they fo gene • 
 rally neglect as Reading, and indeed all the Arts for the Improvement of the 
 Mind, in which, I confefs, we have fet tliem the Example. They are mo- 
 deft, temperate, and chaiitable j naturally Iprightly, fenfible, and good-hu- 
 moured J and, by the Helps of a more elevated Education, would poiTefs all 
 the Accomplilhments defuable in the Sex. Our Schools are in the loweft 
 Order j the Inflrudtors want Inftru£tion, and through a long fhamefiil Ne- 
 gleft of all the Arts and Sciences, our common Speech is extiemely corrupt, 
 and the Evidences of a bad Tafte, both as to Thought and Language, are 
 vifible in all our Proceedings, publick and f)rivate. 
 
 The People, both in To\yn and Country, are fober, induftrious, and hof- 
 pitable, though intent upon Gain. The richer Sort keep very plentiful Ta- 
 bles, abounding with great Varieties of Flefh, Fifh, Fowl, and all Kinds of 
 Vegetables. The common Drinks are Beer, Cyder, weak Punch, and Ma- 
 deira Wine. For Defert, we have Fruits in vaft Plenty, of different Kii>ds 
 and various Species. 
 
 Gentlemen of Eftates rarely refide in the Country, and hence few or no 
 Experiments have yet been made in Agriculture. The Farms being large, 
 our Hufbandmen, for that Reafbn, have little Recourfe to Art for manur- 
 ing and improving their Lands i but it is faid, that Nature has furnilhed us 
 with fufficient Helps, whenever Neceflity calls us to ufe them. It is much 
 owing to the Difproportion between tlie Number of our Inhabitants, and 
 the vaft Tracts remaining ftill to be fettled, that we have not, as yet, entered 
 upon fcarce any other Manufadtures, than" fuch as are indifpenfibly neceffary 
 for our Home Convenience. Felt-making, which is perhaps the moft na- 
 tural of any we coul4 fall upon, was begun fome ^Years ago, and Hats 
 
 E e 2 were 
 
212 THE HrSTORY OP NEW-YORK. chap, m 
 
 were exported to the H^ejl-Indies with great Succefs, till lately prohibited by^ 
 an Aft of Parliament. i f v -^ j.i '^ i?v \^ < , • . l • n 
 
 The Inhabitants of this Colony are in general healthy and robuft, taller 
 but Ihorter lived than Europeans^ and, botli with Relpe6t to tiieir Minds and 
 Bodies, arrive Iboner to an Age of Maturity. Breathing a ferene, dry. Air, 
 they are more fprightly in their natural Tempers than the People of England, 
 and hence Inftances of Suicide are here veiy unconmion. The Hiftory of 
 our Difeafes belongs to a Profeflion with which I am very litde acquainted. 
 Few Phyficians amongft us are eminent for their Skill. Qiiaeks abound like 
 Locufls in Egypty and too many have recommended themfclves to a full 
 Practice and profitable Subfiftence. This is the lefs to be wondered at, as 
 the Profeflion is under no Kind of Regulation. Loud as the Call is, to our 
 Shame be it remembered, we have no Law to protedl the Lives of the King's 
 Subjects, from the Malpractice of Pretenders. Any Man at his Pleafure fets 
 up for Phyfician, Apothecary, and Chirurgeon. No Candidates ^e either 
 examined or licenfed, or even fwom to fail* Practice *. The natural Hiftory 
 of this Province would of itfelf furnifli a fmall Volume, and therefore I 
 leave this alfo to fuch, as have Capacity and Leifuie to make ufeful Obfer- 
 vations, in that curious and entertaining Branch of natural Philolbphy, 
 
 • Th« NeceflUy of regulating the Pradice of Independent RefieSior.. in 1 753, wl^en the City of 
 Phylick, and a Plan for that Purpofe, were New-York alone boafted the Honour of haring, 
 ilrongly recommended by the Authour of the above forty Gentlemen of that Faculty, ^ 
 
 ^■'■^'ff 'I'li '••f;*jJ.-'f^<iH ':i4:»'i M^'T ..nwu / 'c *r . \%r,, -;ir.or5t ,)!d£;'- 
 
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 ' -• :" iJ ■' "5/!: .' ' '*■{ ■! * ^ U.-« '»i,*^-> '•! . vt^!;':'* .^j!'*i ..,'' >.h.:, :u% 
 
 • •". T*: r: "; '■. .-, ■ u 't/ii\<,- • j.-»-a iUSi.u^:-, ''-CHAP, 
 
 7'rM '',:n.\ y^r .M"«Vf xtin^k itu'j>i vi../ lUO":; hiii iii.v v-t .., ^. .— 
 
CHAPiUi. THE HISTORY OF NEW-YORR. 
 
 VS 
 
 
 CHAP. III. 
 
 1!/ 
 
 f', f 
 
 Of our Trad e . 
 
 "I. 
 
 -hii' 
 
 I,..- 1 
 
 I i'" 
 
 TH E Situation of New-York, with Refpeft to foreign Markets, for 
 Reafons elfewhere afligned is to be prefered to any of our Colonies. 
 It lies in the Center of the BritiJJj Plantations on the Continent, has 
 at all Times a fhort eafy Accefs to the Ocean, and commands almoil the 
 whole Trade of Connecticut and New-yerjey, two fertile and well cultivated 
 Colonies. The Projection of Cape Codd into the Atlantick^ renders the Na- 
 vigation from the former to Bofion^ at fome Sealbns, extjemely periloiis i and 
 fometimes the Coafters are driven off and compelled to winter in the Wcjl- 
 Indies. But the Conveyance to New-Tork, from tlie Eaftward through the 
 Sound, is Ihort and unexpofed to fuch Dangers. Philadelphia receives as little - 
 Advantage from New-Jerfeyy as Bojion from ConneBicut, becaufe the only 
 Rivers which roll through that Province, difembogue not many Miles from 
 the very City of Ncw-Tork. Several Attempts have been made to raife Perth 
 Atnboy into a trading Port, but hitherto it has proved to be an unfeafible Pro- 
 jeft. Nenv-Torkt all Things confidered, has a much better Situation, and 
 were it othei-wife, the City is become too rich and confiderable, to be eclipled 
 by any other Town in its Neighbourhood. 
 
 Our Merchants arc compared to a Hive of Bees, who induftrioufly gather 
 Honey for others — Non vobis mcllificaiis Apes. The Profits of our Trade cen- 
 ter chiefly in Great-Britain, and for that Reafon, methinks, among others, 
 wc ought always to receive the generous Aid and Protection of our Mother 
 Count! y. In our Traffick with other Places, the Balance is almofk conftantly 
 in our Favour. Our Exports to the fVeJl-Indies are Bread, Pcale, Ric-mcal, 
 Indian Corn, Apples, Onions, Boards, Staves, Horfes, Sheep, Butter, Checle, 
 ]:'!ckled Oyftcrs, Beef, and Pork. Flour is alfo a main Article, of which 
 theic is (biped about 80,000 Barrels per Annum. To preferve the Credit of 
 this important Branch of our Staple, we have a good Law, appointing Of- 
 ficers to infjicCt and brand every Calk before its Exportation. The Returns 
 arc chiefly Rum, Sugar, and Molaflcs, except Cafli from Curacoa^ and when 
 . . ..• Mules, 
 
214 THE HISTORY OF NEW-YORK. chap, in. 
 
 Mules, from the Spanijh Main, are ordered to 'Jamaica^ and the Windward 
 IJlandsy which are generally exchanged for their natural Produce, for we re- 
 ceive but Uttle Cafh from our own Iflands. The Balance againfl them would 
 be much more in our Favour, if the Indulgence to our Sugar Colonies, did 
 not enable them to fell their Produce at a higher Rate than either the Dutch or 
 French Iflands. 
 
 The Spaniards commonly contract for Provifions, with Merchants in this 
 and the Colony of Pennfylaniay very much to the Advantage both of the Con- 
 tractors and the Publick, becaufe the Returns are wholly in Cafli. Our 
 Wheat, Flour, Indian Com, and Lumber fliiped lJ Lijbon and Madeira^ ba- 
 lance the AfoJIf;><j Wine imported here. 1 
 
 The Logwood Trade to the Bay of Honduras is very confiderable, and was 
 puflied by our Merchants with great Boldnefs in the moft dangerous Times. 
 The Exportation of Flax Seed to Ireland is of late very much increafed. Be- 
 tween the 9th of December 1755, and the 23d of February following, we 
 ihiped off 12,528 Hogflieads. In Return for tliis Article, Linens are im- 
 ported and Bills of Exchange drawn, in Favour of England, to pay for the 
 dry Goods we purchafe there. Our Logwood isTremited to the Englijh Mer- 
 chants for the fame Purpofe. 
 
 The Fur Trade, though very much impaired by tlie French Wiles and En- 
 croachments, ought not to be palTed over in Silence *. The Building of 
 Ofwegc has conduced, more than any Thing elfe, to the Prefervation of this 
 Trade. Peltry of all Kinds is purchafed with Rum, Ammunition, Blankets, 
 Strouds, and Wampum, or Conque-fhell Bugles. The French Fur Trade, at 
 Albany y was carried on till the Summer 1755, by the CaghfiuagaVrokXyX&^-y 
 and in Return for their Peltry, they received Spanijlo Pieces of Eight, and 
 fome other Articles which the French want to complete their Aflbrtment of 
 Indian Goods. For the Savages prefer the Englijh Strouds to tlieirs, and 
 the French found it their Intereft to purchafe them of us, and tranfport them 
 to the Weftern Indians on the Lakes £r/V, Huron, and at the Streight of 
 Mifilimakinac. 
 
 Our Importation of dry Goods from England is fo vaftly great, that we 
 arc obliged to betake ourfelves to all poflible Arts, to make Remittances to 
 the Britijh Merchants. It is for this Purpofe we import Cotton from St. 
 Tho/nas's and Surimm j Lime-juice and Nicaragua Wood from Curacoa ; and 
 
 • It is computed that formerly, we exported Deer-fkins, bcfiJes thofe carried from Albany iii- 
 150 Hdi'lhtads of Beaver and other fine Furs to Neii- England, Skins undrcfied are ufually 
 ptr Annum^ and aoo Hugftiead j of indian'inii\*:<\ ftiiiicd to Hulland. 
 
 Logwood 
 
 (C 
 
 »( 
 
 t( 
 
 (( 
 
CHAP. III. THE HISTORY OF NEW-YORK. 215 
 
 Logwood from the Bay, G*c. and yet it drains us of all the Silver and Gold 
 we can colleft. It is computed that the annual Amount of the Goods pur- 
 chafed by this Colony in Great-Britain^ is in Value not lefs than 100,000/. 
 Sterling j and the Sum would be much greater if a Stop was put to all clan- 
 deftine Trade. England is, doubtlefs, entitled to all our Superfluities ; be- 
 caufe our general Interefts are clofely connefted, and her Navy is our prin- 
 cipal Defence. On this Account, the Trade with Hamburgh and Holland for 
 Duck, chequered Linen, Oznabrigs, Cordage, and Tea, is certainly, upon 
 the Whole, impolitick and unreafonable j how much foever it may conduce 
 to advance the Intereft of a few Merchants, or this particular Colony. 
 
 By what Meafures this contraband Trade may be efteflually obftrudled is 
 hard to determine, though it well deferves the Attention of a BritiJJo Parlia- 
 ment. Increafmg the Number of Cuftom-houfe Officers, will be a Remedy 
 worfe than the Difeafe. Their Salaries would be an additional Charge upon 
 the Publick ; for if we argue from their Condud, we ought not to prefume 
 upon their Fidelity. The exclulive Right of the Eajl-India Company to im- 
 port Tea, while the Colonies purchafe it of Foreigners 7,0 per Cent, cheaper, 
 muft be very prejudicial to the Nation. Our People, both in Town and 
 Country, are fhamefully gone into the Habit of Tea-drinking ; and it is 
 fuppofed we confume of this Commodity in Value near 10,000/. Sterling /'tr 
 jinnum. 
 
 Some are of Opinion that the Fifhery of Stmgeons, wlrfch abound in 
 HudJ'ons River, might be improved to the great Advantage of the Colony j 
 and that, if proper Meafures were concerted, much Profit would arife from 
 Ship-building and naval Stores. It is certain we have Timber in vaft Plenty, 
 Oak, white and black Pines, Fir, Locuft, red and white Mulberry, and Ce- 
 dar i and perhaps there is no Soil on the Globe, fiter for the Production of 
 Hemp than the low Lands in the County of Albany. To what I have al- 
 ready faid concerning Iron Ore, a neceifary Article, I Ihall add an Extradl 
 from the Independent RefeSfor. 
 
 •* It is generally believed, that this Province abounds with a Variety of 
 " Minerals. Of Iron in paiticular we have fuch Plenty, as to be excelled 
 by no Country in the World of equal Extent. It is a Metal of intiinfick 
 Value beyond any other, and preferable to the pureft Gold. The former 
 is converted into numberlefs Forms, for as many indifpeniible Ufes ; the 
 latter, for its Portablenefe and Scarcity, is only fit for a Medium of 
 Trade : but Iron is a Branch of it, and I am perfuaded will, one Time 
 or other, be one of tlie nioft valuable Aiticles of our Commerce. Our 
 
 *' annual 
 
 «< 
 
 cc 
 
 C( 
 
 tc 
 
 (C 
 
2i6 THE HIlSTORy D F 'N^E W-V R K. cuap.ui. 
 
 *' annual Exports to ;B^o«, Rbode-IJkinddxiAC^nneS^icut, and fince the late 
 " A6t of Parliament, to England^ are far from being inconfiderable. The 
 *' Bodies of Iron Ore in the Northern Parts of tliis Province are fo many, 
 their Quality fo good, and their Situation fo convenient, in Refpeft of 
 Wood, Water, Hearth-ftone, proper Fluxes, and Carriage, for Furnaces, 
 Bloomeries, and Forges, that with a little Attention we might veiy foon 
 rival the Swedes in the Produce of this Article. If any American Attempts 
 in Iron Works have proved abortive, and difappointed their Undertakers, 
 it is not to be imputed cither to the Quality of the Ore, or aDefeft of Con- 
 veniences. The Want of more Workmen, and the Villainy of thofe we 
 generally have, are the only Caufes to which we muft attribute fucliMif- 
 carriages. No Man, who has been concerned in them, will difagreewith 
 me, if I affeit, that from the Founder of the Furnace to the meanefl: 
 Bankfman or jobber, they are ufually low, profligate, dmnken, and faith- 
 lefs. And yet, under all the innumerable Difadvaniuges of fuch Inftru- 
 ments, very large Eftatcs have, in this Way, been raifed in fome of our 
 Colonies. OurSuccefs, therefore, in the Iron Manufadlory, isobftrufted 
 and difcouraged by the Want of Workmen, and the high Price of La- 
 bour, its necelfary Confequence, and by thefe alone: but 'tis our Happi- 
 nefs, that fuch only being the Caufe, the Means of Redrefs are entirely in 
 our own Hands. Nothing more is wanting to open a vaft Fund of Riches 
 to the Province, in tlie Branch of Trade, than the Importation of Fo- 
 reigners. If our Merchants and landed Gentlemen could be brought to 
 a Coalition in this Defign, their private Interefts would not be better ad- 
 vanced by it, than the public Emolument ; the latter in particular, would 
 thereby vaftly improve their Lands, increafe the Number, and raife the 
 Rerts of their Tenants. And I cannot but think, that if thofe Gentle- 
 men who are too inaftive 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 Sioeden \ the Province would foon be fup- 
 plied, with a fufficient Nurnber of capable Workmen in all the Branches 
 of that Manufa(5fory." 
 The Mbney ufed in this Province is Silver, Gold, Briti/J? Halfi)ence, and 
 Bills of Credit. To counterfeit eitlicr of tlicm is Felony without Benefit of 
 Clergy ; but none except the latter, and Lyon Dollars are a legal Tcmlci . 
 Twelve Halfpence, till lately, pafled for a Shilling ; which being much be- 
 yond their Value in any of the neighbouring Colonics, the Aliembly, in 175 ;, 
 i,Mifi ij. 2 reiblvtd 
 
 <( 
 
 cc 
 
 (C 
 
 (< 
 
 (C 
 
 (( 
 
 (( 
 
 <c 
 
 <( 
 
 C( 
 
 <( 
 
 (C 
 
 cc 
 
 fC 
 
 (C 
 
 <c 
 
 (C 
 
 (( 
 
 IC 
 
 cc 
 
 cc 
 
 cc 
 
 cc 
 
 cc 
 
 re 
 
CHAP. III. THEHISTORYOF NEW-YORK. 217 
 
 refolved to proceed, at their next Meeting, after the ift of May enfuing, to 
 the Confideration of a Method for afcertaining their Value. A Set of CJcn- 
 tlemen, in Number feventy-two, took the Advantage of the Difcredit that 
 Refolve put upon Copper Halfpence, and on the 2 2d of December y fubfcribed 
 a Paper, engaging not to receive or pafs them, except at the Rate of four- 
 teen Coppers to a Shilling. This gave Rife to a Mob, for a few Days, 
 among the lower Clafs of People, but fome of them being imprifoned, the 
 Scheme was carried into Execution j and eftablilhed in eveiy Part of the Pro- 
 vince, without the Aid of a Law. Our Paper Bills, which are iflued to ferve 
 the Exigencies of the Government, were at firft equal to an Ounce of Silver, 
 then valued at eight Shillings. Before the late Spanijh Wai', Silver and Gold were 
 in great Demand to make Remitances for European Goods, and then the Bills 
 funk, an Ounce of Silver being worth nine Shillings and three Pence. Du- 
 ring the War, the Credit of our Bills was well fupported, partly by the 
 Number of Prizes taken by our Privateers, and the high Price of our Pro- 
 duce abroad j 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, Silver has been valued at about nine 
 Shillings and two Pence an Ounce, and is doubtlefs fixed there, till our Im- 
 ports exceed what we export. To aflift his Majefty for removing the late 
 Encroachments of the French^ we have ifllied 80,000 /. to be funk in fliort 
 Periods, by a Tax on Eftates real and perfonal ; and the whole Amount of 
 our Paper Currency is thought to be about 160,000 /. 
 
 Never was the Trade of this Province in fo flourilhing a Condition, as at 
 the latter End of the late French War. Above twenty Privateers were often 
 out of this Port, at a Time ; and they were very lliccefsful in their Cap- 
 tures. Provifions, which are our Staple, bore a high Price in the Wcfl-Indicu 
 The French^ diftrelfed through the Want of them, gladly received our Flags 
 of Truce, though fometimes they had but one or two Prilbners on Board, 
 becaufc they were always loaded with Flour, Beef, Pork, and fuch like Com- 
 modities. The Danger their own Veflels were expofed to, induced them to 
 fell their Sugars to us at a very low Rate. A Trade was, at the fame Time, 
 cai-ried on between 'Jamaica and the SpaniJIo Main, which opened a fine Mar- 
 ket to the Nortliern Colonies, and tlie Returns were, principally, in Cafh. 
 It was generally thought, that if the War had continued, the greatcft: Part 
 of the Produce of the Spanijh and French Settlements in the JVijI-Imliei 
 would have been tranfported to Great-Britain ^ tlirough fome one or other of 
 her Colonies j whence we may fairly argue their prodigious Importance. 
 
 F f The 
 
218 THE HISTORY OF NEW-YORK. chap. ly. 
 
 The provincial Laws relating to our Trade are not very numerous. Thofe 
 concerned in them, may have Recourfe to the late Edition of our Afts at 
 large, publiihed in 1752 j and for this Reafon, I beg to be excufed from 
 exhibiting an imentertaining Summary of them in this Work. m.. :saiyin^ 
 
 
 ^ ■ r 
 
 CHAP. IV. 
 
 
 
 ■ i-K 
 
 Of our Religious State. 
 
 ;>'• 
 
 BY the Account already given, of the Rife and Progrefe of the A£ls 
 for fettling a Miniftry in four CountieS;, and the Obfervations made 
 concerning our various Chriftian Denorainations, I have in a great 
 Meafure anticipated what I at firft intended to have ranged under this Head. 
 The principal Diftinftions amongft us, arc the Epifcopalians, and die 
 Dutch and EngliJIs Prefbyterians j the two laft together with all the other 
 Proteftants in the Colony, are fometimes (perhaps here improperly) called 
 by the general Name of Diflenters j and compared to them, tlie Epifcopa- 
 lians are, I believe, fcarce in the Proportion of one to fifteen. Hence partly 
 arifes the general Difcontent on Account of the Miniftiy Afts j not fo mucK 
 that the Provifion made by them is engrolTed by the minor Sect, as becaufe 
 the Body of the People, are for an equal, univerfal. Toleration of Proteft- 
 ants, and utterly averfe to any Kind of ecclefiaftical Eftablifliment. The 
 Diflenters, tliough fearlefs of each other, are all jealous of the epifcopal 
 Party, being apprehenfive that the Countenance they may have from Home, 
 will fontent a Luft for Dominion, and enable them, in Procefs of Time, to 
 fubjugate and opprefs their Fellow Subjects. The violent Meafures of fomc 
 of our Governours have given an Alarm to their Fears, and if 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 tliey 
 now enjoy, the Confufion of the Province will be the una\^oidable Confe- 
 quence of his Folly. For though his Majefty has no other Subjects upon 
 whofe Loyalty he can more firmly depend, yet an Abhorrence of Perlccution, 
 under any of its Appearances, is fo deeply rooted in the People of this Plan- 
 tation; that as long as they continue theii* Numbers and Intereit in the Af- 
 
 . . lembly,. 
 
cuAP.ir. THE HISTORY OF NEW-YORK. 219 
 
 fembly, no Attempt will probably be made upon the Rights of Confcience, 
 without endangering the publick Repofe. 
 
 Of the Government of the Dutch Churches, I have already given an Ac- 
 count. As to the epifcopal Clergy, they are Miflionaries of the Euglip So- 
 ciety for propagating the Gofpel, and ordinarily ordained by the Billiop of 
 London^ who, having a Commiflion from the King to exercife ecclefiaftical 
 Jurifdiftion, commonly appoints a Clergyman here for his Commiflary. The 
 Minifters are called by the particular Churches, and maintained by the vo- 
 luntary Contribution of their Auditors and the Society's annual Allowance, 
 there being no Law for Tithes. :;U 4, :;;.;;' 
 
 The Englijh Prefbyterians are very numerous. Thofe inhabiting New^ 
 Torkf New-Jerfey^ Pennfyhaniay and the thi'ee Delaware Counties, are re- 
 gularly formed, after the Manner of the Church of Scotland^ into Confifto- 
 ries or Kirk Seflions, Prefbyteries and Synods, and will probably foon join 
 in erecting a general Aflembly. The Clergy are ordained by their Fellows, 
 and maintained by their refpeftive Congregations. I except thofe Mifliona- 
 ries among the IndianSy whofe Subfiftance is paid by the Society in Scotland 
 for propagating Chrijiian Knowledge. None of the Prelbyterian Churches in 
 this Province are incorporated, as is tlie Cafe of many in New-Jerfey. Their 
 Judicatories are upon a very proper Eftablifliment, for they have no Autho- 
 rity by legal Sanations to enforce their Decrees. Nor indeed is any religious 
 Seft, amongft us, legally invefted with Powers prejudicial to the common 
 Privileges of the reft. The Dominion of all our Clergy is, as it ought to 
 be, merely fpiritual. The Epifcopalians, however, fometimes pretend, that 
 the ecclefiaftical Eftablifhment in South Britain extends here ; but the whole 
 Body of the Diflenters are averfe to the Doftrine. The Point has been dif- 
 puted with great Fervour, and the Sum of the Arguments againft it is con- 
 tained in a late Paper, which I ftiall lay before the Reader, at large, without 
 any additional Reflections. 
 
 It was publiflied in September 1753, under the Title of the Independent Re- 
 jiedlory and is in thefe Words : 
 
 ^be Arguments in Support of an ecclefiaftical EJlabliJhmentt in this Province ^ 
 mm impartially conjidered and refuted, ' ...,.- 
 
 Eripe turpi 
 
 . " Collajugo: liber , liber fumf die age, HoR. 
 
 .t»fe'^-..iw^ Ff2 Whether 
 
220 THE HISTORY OF NEW-YORK. chap. iv. 
 
 ' Whether the Church of England is equally eftabliihed in the Colonies, as 
 in the Southern Parts of Great-Britain, is a Queftion that has often been 
 controverted. Thofe who hold the Affirmative, have drawn a long Train of 
 Confcquences in Favour of the Epifcopalians, taking it for granted, that the 
 Tiuth is on their Side. The Prejbyterians, Independents, Congregationalijls, 
 Anabaptijh, ^^uakers, and all thofe among us, who in England would fall 
 under the general Denomination of Dijfenters, are warm in the Negative. I 
 beg Leave, therefore, to interpofe in the Debate j and as I promifed, in the 
 Introduction to thefe Papers, to vindicate the religious, as well as civil, Rights 
 and Privileges of my Countrymen j I fhall devote this Paper to a Confidera- 
 tion of fo important a Point : to which I am the more ftrongly inclined, be- 
 caufe fuch Eflablifhment has often been urged againft the Scheme I have pro- 
 pofed for the Conftitution of our College. My Opinion is, that the Notion 
 of a general religious Eftablilhment in this Province, is entirely groundlefs. 
 According to the ftrift Rules of Controverfy, the Onus frohandi, or the Bur- 
 den of the Proof, lies upon thofe who affirm the Pofition j and it would 
 therefore be fufficient for me barely to deny it. I fhall, neverthelefs, wave 
 the Advantage of this Rule of the Schools j and, as becomes an impartial 
 Advocate for Truth, proceed to ftate the Arguments, which are generally 
 urged in Support of an Eftablifhment. I fhall then fhew their Infufficiency, 
 and conclude with the particular Reafbns upon which my Opinion is founded. 
 
 They who afTert, that the Church of England is eftablifhed in this Province,, 
 never, that I have heard of, pretended that it owes its Eflablifhment to any- 
 provincial Law of our own making. Nor, indeed, is there the leafl Ground 
 for fuch a Suppofition. The Afts, that eflablifh a Minifiry in this, and three 
 other Counties, do not affedl tlie whole Colony j and therefore can by no 
 Means, be urged in Support of a general Eflablifhment. Nor were they 
 originally defigned to eflablifh the Epifcopalians in Preference or Exclufion of 
 any other Proteflants in thofe Counties to which they are limited. But as. 
 the Propofition is, that the Eflablifhment of the Church of England is equally 
 binding here, as in England i fo, agreeable thereto, the Arguments they ad- 
 duce are the following : 
 
 Firjl, That as we are an Englijh Colony, the conflitutional Laws of our 
 Mother Countiy, antecedent to the Legiflature of our own, are binding upon 
 us ; and therefore at the Planting of this Colony, the Englijli religious Ella^ 
 blifhment immediately took Place* ^ , ,.^ , 
 
 S 
 Brit 
 equj 
 
 j; \ H 
 
 Sccondl^t, 
 
cHAP.iv. THE HISTORY O F N E W-Y O R K. «sfr 
 
 Secondly, That the Aft which eftablifhed the epifcopal Church in South- 
 Britain, previous to the Union of England and Scotland^ extends to, and 
 equally afFefts, all the Colonies, kf.^nw^— ■»•.•. »- 
 
 Thefe are the only Arguments that can be offered with the leaft Plaufibi- 
 lity, and if they are Ihewn to be inconclufive, thePofition is difproved, and the 
 Arguments of Confequence muft be impertinent and groundlcfs. I (hall be- 
 gin with the Examination ot the firft : And here it muft be confefled, for 
 undoubted Law, that every new Colony, till it has a Legiflature of its own, 
 is, in general, fubjedt to the Laws of the Country from which it originally 
 fprang. But that all of them, without Diftin6Hon, 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 fubjeft, ai*e fuch as are 
 abfolutely neceflary to anfwer the original Intention of our entering into a 
 State of Society. Such as are requifite, in their new Colony State, for the 
 Advancement of their and the general Profperity ; fuch, without which they 
 will neither be protected in their Lives, Liberty, oi' Property : and the true 
 Reafon of their being confidered, even fubjeft: to fuch Laws, arifes from the 
 abfolute Neceflity of their being under fome Kind of Government, then* 
 fupporting a Colony Relation and Dependence, and the evident Fitnefs of 
 their Subjeftion 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 hdi of Parliament which we think reafonable and fit for us, though, 
 it was neither defigned to be a Law upon us, nor has Words to include us, 
 and has even been enafted long fince we had a Legiflature of our own. This 
 is a Practice we have introduced for our Conveniency * j but that the Englijli 
 Laws, fo far as I have diftinguifhed them, ftiould be binding upon us, ante- 
 cedent to our having a Legiflature of our own, is of abfolute unavoidable 
 Neceflity. But no fuch Neceflity can be pretended, in Favour of the In*- 
 troduftion of any religious Eftablifhment whatfoever j becaufe, it is evident 
 that different Societies do exift with different ecclefiaftical Laws, or, which is 
 fufficient to my Purpofe, without fuch as the Engiijh Eftablifliment ; and 
 that civil Society, as it is antecedent to any ecclefiaftical Eftabliftiments, is in 
 its Nature unconneft?^ with them, independent of them, and all focial Hap- 
 pinefs completely attainable without themv • -^^-'* Tv* is s*?* 
 
 Secondly, To fuppofe all the Laws of England, without Diftin€lion, obli- 
 gatory upon every new Colony at its Implantation, is abfurd, and would, 
 
 yndiy,. 
 
 ♦ This Pj-ajftice is very dangerous, and is afTuming little lefs than a Icgiflative Authority. 
 , ,;. . effeftuaUy 
 
<c 
 
 <( 
 
 « 
 
 222 THE HISTORY OF N E W-Y O R K. chap. iv. 
 
 qfFeftually prevent the Subjefts from undertaking fo hazardous an Adven- 
 ture. Upon fuch a Suppofition a thouiand Laws will be introduced, incon- 
 fiftent with the State of a new Country, and deftruftive of tlie Planters. 
 To ufe the Words of the late Attorney-General, Sir Dudley Ryder *, " It 
 would be afting the Part of an unAeilfiil Phyfician, who fliould prefcribe 
 the fame Dofe to every Patient, without diftinguifliing the Vaiicty of 
 Diftempers and Conftitutions." According to this Doftrine, we are fub- 
 je£t to the Payment of Tithes, ought to have a fpiritual Court, and impo- 
 verilhed, as the lirft Settlers of the Province muft have been, they were yet 
 liable to the Payment of the Land Tax. And had this been the Senfe of our 
 Rulers, and their Conduft conformable thereto, fcarce ever would our Co-, 
 lonies have appeared in their prefent fiouriihing Condition j efpecially if it 
 be confidered, that the firft Settlers of moft of them, fought an Exemption 
 in thefe Afnerican Wilds, from the Eftabliihment to which they were fubjedl 
 at Home. ,f 'r/^ivjo* ^f'^' fFntTJjrr>m:'i>»r-' tiHu ' lo :^^~*'-^'rs':ix^i^^\ 
 
 Thirdly, If the Planters of every new Colony carry with them the efta- 
 bliflied Religion of the Country from whence they migrate ; it follows, that 
 if a Colony had been plai^ted when the Englijh Nation were Pagans, the 
 Eftablilhment m fuch Colony muft be Paganilin alone : and, in hke Man- 
 ner, had this Colony been planted wliile Popery was eftablilhed in Englandy 
 the Religion of Papifts muft have been our eftabliflied Religion j and if it is 
 our Duty to conform to the Religion eftabliflied at Home, we are equally 
 bound, againft Confcience and tjie Bibl^, to be Pagans, Papijis, or ProtejU 
 ants, according to the particular Religion they fliall pleafe to adopt. A Doc- 
 ti'ine that can never be urged, but with a very ill Grace indeed, by any Pro- 
 teftant Minifter ? jthi •■. ^^v^?. 
 
 Fourthly, If the Church of England is eftabliflied in tliis Colony, it muft 
 either be founded on Afts of Parliament, or the common Law. That it is 
 not eftabliflied by the firft, I ftiall prove in the Sequel j and that it cannot be 
 eftabliflied by the common Law, appears from the following Confiderations. 
 The common Law of England, prcpeiiy defined, confifts of thofe general 
 Laws to which the E^^/^/X^ have been accuftomed, from Time whereof there 
 is no Memory to the contrary j and every Law deriving its Validity from 
 fuch immemorial Cuftom, muft be carried back as far as to the Reign of 
 Richard I. whole Death happened on the 6th of uipril 1 1 99. But the prefent 
 
 \- ry*' Kff r 'Uit'H^-'^f .niyifffi,rvaml rre 5« ViIoI6 .> ^fftn V^'?,*^ nOfftT Tidf*:^ 
 
 * Afterwards Lord Chief Juftice of the King's againft the Extent of the Statute of Frauds and 
 
 Beiicb. Thefe were, his Words, in an. Opinion Perjuries, 
 
 %#tt* ^*«-*- 
 
 ,;-v 
 
 •'•r •'<•«' * 
 
 (C 
 
 tt 
 
 Eftablifliment 
 
CHAP. IV. THE HISTORY O F N E W-Y O R K. 225 
 
 Eftabliftiment of the Church of England was not till tlie fifth Year of Queen 
 Anne, And hence it is apparent, that the Eftablifliment of the Church of 
 England, can never be argued from the common Law even in England j nor 
 could be any Part of it, fmce it depends not for its Validity upon Cuftom 
 immemorial. And therefore, though it be admited, that every Englijh Co- 
 lony is liibjeft to the common Law of the Realm, it by no Means follows, 
 that the Church of England is eftablilhed in the Colonies ; becaufe, the com- 
 mon Law knows of no fuch religious Eftablifhment, nor confiders any reli- 
 gious Eflabliihment whatever, as any Part of the Englijh Conftitution. It 
 does, indeed, encourage Religion j but that, and a particular Church Go- 
 vernment, are Things entirely dijfFerent. 
 
 I proceed now to a Confideration of the fecond Argument infifted on, to 
 prove an epifcopal Eftablifhment in the Colonies, founded on the A61 which 
 eftabliftied the Church of England^ paffed in the fifth Year of Queen Anne^, 
 recited and ratified m the A6i for an Union of the two Kingdoms of England 
 and Scotland. And that this Aft does not eftablifh the Church of England in 
 the Colonies, has been fo fully (hewn by Mr. Hobart *, in his Second Addrefs 
 to the epifcopal Separation in New-England, that I (hall content myfelf with an 
 Extract fromthe Works of that ingenious Gentleman, which, with veiy 
 little Alteration, is as follows : • o-' .: v- m iu i;!^;; 
 
 " The Aft we are now difputing about, was made in the fifth Year of 
 Queen Aaiy and is entitled. An A5l for fecuring tlx Church of England, 
 as by Law eftabliftied. The Occaiion of the Statute was this : The Par- 
 liament in Scotland, when treating of an Union witli England, were ap- 
 prehenfive of its endangering their ecclefiaftical Eftabliftiment. Scotland 
 ** was to have but a fmall Share in the Legiflature of Great-Britain, but 
 forty-five Members in the Houfe of Commons which confift of above five 
 hundi-ed, and but fixteen in the Houfe of Lords, which then confifted of 
 near an hundred, and might be increafed by die Sovereign at Pleafure^ 
 *^*'Th& Scots, therefore, to prevent having their ecclefiaftical Eftabliftiment 
 ** repealed in a Britijh Parliament, where they might be fo eafily out-voted 
 by the Englijh Members, pafled an Aft previous to the Union, eftablifhing 
 the Preft)yterian Church within the Kingdom of Scotland, in Perpetuity,^ 
 and made this Aft an eflential and fundamental Part of the Union which 
 might not be repealed, or altered by any fubfequent Britijh Pai'liament ;; 
 and this put the Englijlo Parliament vipon pafling this Aft for fecuring the 
 
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 4 THE HISTORY OF NEW-YORK, chap.it. 
 
 their ecclefiaflical 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 Aft, but 
 from the chaiitable Temper the Englijh Parliament was under the Influ- 
 ence of, when tliey palFed it. The Lord North and Grey offered a Rider 
 to be added to the Bill for an Union, viz. That it might not extend to an 
 Approbation or Acknowledgment of the Truth of the Prefbyterian Way 
 of Worfhip, or allowing the Religion of the Church of Scotland to be 
 what it is ftiled, the true Protejiant Religion. But this Claufe was rejefted. 
 — A Parliament that would acknowledge the Religion of the Church of 
 Scotlandy to be the tme Proteftant Religion, and allow their A£ls to ex- 
 tend to an Approbation of the Prefbyterian Way of Worfhip, though they 
 might think it beft to fecure and perpetuate the Church of England within 
 thofe Bounds, wherein it was before eftablifhed, can hardly be fuppofed 
 to have defigned to extend it beyond them. 
 
 " The Title of the Aft is exaftly agreeable to what we have faid of the 
 Defign of it, and of the Temper of the Parliament that palled it. 'Tis 
 entitled. An A6i not for enlarging, h\A for fecuring the Church of Englandy 
 and that not in the American Plantations, but as it is now by Law ejia- 
 bliJJxd J which plainly means no more than to perpetuate it within its an- 
 cient Boundaries. --" » ,, '. ...„^N> , ■»* . . ^^ . i r ^» 
 *• The Provijion made In the Aft itfelf, is well adapted to this Defign j 
 for it enafts, That the Aft of the 1 3th of Elizabeth, and the Aft of Uni- 
 formity, pafTed in tlie 13 th Year of Charles II. and all and fmgular other 
 Afts of Parliament then in Force for the Eftablifhment and Prefervatiofi 
 of the Church of England^ fhould remain in full Force for ever j and that 
 every fucceeding Sovereign fhould, at his Coronation, take and fubfcribe 
 an Oath to maintain and preferve inviolably the faid Settlement of the 
 Church of Englandy as by Law e/lablijhed, within the Kingdoms of Eng- 
 land and Ireland, the Dominion of Wales, and Town of Berwick upon 
 Iweed, and the Territories thereunto belonging. This Aft doth not ufe 
 fuch Expreffions, as would have been proper and even neceflai-y, had the 
 Defign been to have made a new Eflablifhment ; but only fuch as are pro- 
 per to ratify and confirm an old one. The Settlement, which the King is 
 fworn to preferve, is reprefented as exifting previoufly to the pafling this 
 Aft, and not as made by it. The Words of the Oath are, to maintain 
 and preferve inviolably the faid Settlement. If it be afked. What Settlement ? 
 The Anfwer mufl be, a Settlement heretofore made and confirmed by 
 
 " certain 
 
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CHAP. IV. THE HISTORY OF NEW-YORK. 225 
 
 " certain Statutes, which for the gi-eatcr Certainty and Security are enume- 
 " rated in this Ad, and declared to be unalterable. Tliis is the Settlement 
 " the King is fworn to preferve, and this Settlement has no Relation to us 
 ** in America. For the Aft, which originally made it, did not leach hither j 
 " and this Acl, which perpetuates them, does not extend them to us." 
 ' It is a Miftake to imagine, that the Word territories necefl'arily means • 
 thefe American Colonies. " Thefe Countries are ufually in Law, as well as 
 " otlier 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 invariable Praftice of the Legifla- 
 ture, in every Aft of Parliament, both before and after this Aft, defigned to 
 affeft us, to ufe the Words Cohniesy or Plantations. Nor is it to be fuppofed, 
 that, in fo important a Matter, Words of fo direft and broad an Intent 
 would have been omited. " The Iflands of Jerf'ey and Guemfey were pro- 
 " perly Territories belonging to the Kingdom of Englandy before the Union 
 " took Place J and they ftand in the fame Relation to the Kingdom of Great- 
 " Britain fmce. The Church of England was eftablifhed in thefe Iflands, 
 and the Legiflature intended to perpetuate it in them, as well as in Eng- 
 land itfelf i lb that as thefe Iflands were not particularly named in the Aft, 
 there was Occafton to ufe the Word Territories^ even upon the Suppofition, 
 that they did not defign to make the Eftablilhment more extenfive than it 
 ** was before this Law pafled." Further, in order to include the Plantations 
 iivdie Word Territories, we muft fuppofe it always to mean eveiy other Part 
 of the Dominions not particularly mentioned in the Infbrument that ufes it, 
 which is a Conftruftion that can never be admited : for, hence it will fol- 
 low, that thofe Commiflions 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 Governours muft of 
 Confequence have reciprocal Superintendencies j and fliould any Commiflion 
 include the Word Territories g^ierally, unreftrifted to America ^ by the fame 
 -Conftruftion the Govemour, therein mentioned, 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 Eftablilhment 
 fxx>m the Light in wh'chthe Aft of Union has, ever fmce it was pafled, been 
 conftdered. 
 
 " Dr. Biffe, Bifhop of Hereford^ (fays he) a Member of the Society, 
 preached, the annual Sermon, February 21 ^ 1717, ten Years after the Aft 
 
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 226 THK HISTORY OF NEW-YORK. chap. iv. 
 
 *' of Union took Place ; and he fays, it would have well become the Wifdom 
 'wbcrewiih that great IVork (the Reformation or Eftablifhment of the 
 Church of England) was conduced in this Kingdom y that this foreign Enter- 
 ** prife (the Settlement of Plantations in America) alfoJJ:ould have been carried 
 " on by the Government in the like regular JVay. But he owns the Government 
 " at Home diil 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 
 ** firji Proprietors y and to the ConduSi of every private Man. He obferves, that 
 of late Yeais the civil Intereft hath been regarded, and the Dependance of 
 the Colonies, on the Imperial Crown of the Realm, fecured : but then, 
 with Regard to the Religion of the Plantations, his Lordjhip acknow- 
 ledges, that the Government itfelf here at Homey Jovereign as it ij, and irh- 
 vejied doubt lefs with fufficient Authority there ^ hath not thought fit to inter- 
 pofe in this Matter, otherwifc than in this charitable Way : it hath enabled us 
 to afk the Benevolence of all good ChrijHans towards the Support of MiJJionaries 
 " to be fent among thetn. Thus Bifliop BiJJ'e tliought as I do, and that the 
 *' K€t of Union nor any other Law prior thereto, did extend the Eftablifli- 
 " ment to the Plantations ; and if the Society had not been of the fame Opi- 
 *• nion, they would hardly have printed and difperfed his Sermon. Neither 
 " did the civil Rulers of the Nation, who may juftly be fuppofed acquainted 
 " with its Laws, think the A61 of Union, or any other Law, eftabliflicd 
 *' the Church of England in America. 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 EJiabliJJ.ment of 
 any national or provincial Church in thefe Plantations. 
 " If it be urged, that the King's Commiflion to the late Biftiop of Lon- 
 dony proves an ecclefiaftical Eflablifhment here, it is fufficient to anfwer, 
 that his Lcrdjhip was remarkable for Skill in the Laws, fo far as they re- 
 late to ecclefiaftical Affairs, as appeal's from liis Codex j and he was of the 
 contrary Opinion, for in his Letter to Dr. Colman, of Mayi^y i735» he 
 wj-ites thus : My Opinion has always beeny that the religious State of New- 
 England is founded in an equal Liberty to all Protefants j none of which can 
 claim the Name of a national EJiabliJl^menty or any Kind of Superiority over 
 the re/l. This Opinion the Bi/hop gave not only fmce the Aft of Union, 
 but even feven Years after he had received his Commiflion j and furely it 
 muft be admitted, that as he had Time enough to confider it, fo he, of all 
 *' others, heft underftood it." Thus far Mr. Hobart. With Refpeft to the 
 Adl of Union, I beg Leave only to fubjoin, that it is highly probable the 
 
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CHAP. IV. THE HISTORY OF NEW-YORK. 227 
 
 Scotch Parliament believed the Englijfs intended to eftablifh their Church only 
 in England. For in the Clofe of the A61, by which they had eftabliHied the 
 Prejbyterian Church in Scotland^ it is declared in thefe exprtls Words, That 
 tJje Parliament of England may provide for the Security of the Church of Eng- 
 land, as they think expedient y to take Place within the Bounds of tbcfaid Kingdom 
 of England. And whatever Latitude tlie Word Kingdom has in common 
 Speech, it, in a legal Senfe, is limited to England^ properly fo called, and ex- 
 cludes the Plantations. 
 
 Nor can we fuppofe, that the Church of England is eftablifhed in thefe 
 Colonies, by any Afts prior to the A6t of Union above confidered. For be- 
 tides tlie feveral Opinions againfl fuch Suppofition already adduced, it is un- 
 reafonable to imagine, that if there was any fuch Eftablifhment, King 
 Charles II. in diredl Repugnancy thereto, (hould have made the Grant of 
 Pennjylvania, and given equal Privileges to aU Religions in that Province, 
 without even excepting the Roman Cathohcks j and that the Colonies of 
 Rhode-IJlandy ConneSlicuty and the Maffachufets Bay^ Ihould be permited to 
 make their provincial Eftablifhments, in Oppofition to an antecedent Efla- 
 blifhment of the Church of England, efpecialiy as the Laws of the Majfa^ 
 chufets Bay Province, aie conftantly fent Home, and the King has the abib- 
 lute Powef of repealing every A61 he fhould think improper to be continued 
 as a Law. Whoever, therefore, confiders this, and that tlie King is fworn 
 to preferve the Church of England Eftablilhment, muft necelfarily conclude, 
 that whatever Sentiments may obtain among the 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 Epif- 
 copalians of that Colony, and even their Minifters, were legally compellable 
 to contiibute to an annual Tax for the Support of the congregational Clergy, 
 till of late they were favoured with a Law which grants them a Privilege of 
 Exemption from that iniquitous and iinreafonable Buiden. But whether 
 they are fubjefl to the like unchriftian Impofition in the other Colonies above- 
 mentioned, I am not fufficiently acquainted witli their Laws to determine *. 
 
 The 13th Number of the /Frt/f/j TWvr publilhed ^t Ncw-Tork in 1755, 
 efpoufes the fame Side with the Authour of the Rtfcclor, adds feveral new 
 Ai'guments and tlie Opinions of eminent Counfel at Law, and confiders the 
 
 • I believe there is nojuft Caufc for the Com- Vol. p. ijq, BcJIenTWx, 1753, and the Tratcb 
 
 plaints tranfmitcd by the Miflionarics. Dt.Dou- Tower., N" XLI. piibliftied at Aii«-)fl/i in 
 
 g/a/s afligns feveral Inftances of grofs Mifrcpre- 1755. 
 fentations and Fal(hoo<ls. — f^id. his Sununaryy ad 
 
 ...,,. G g 2 Force 
 
/28 THE HISTORY O F NEW-YORK. chap.iv. 
 Force of what is advanced by the late Dr. Douglafsy in Favour of his Pofition, 
 that the religious State of the Atnerkan Plantations is an univerfal Toleration 
 of Proteftants of every E)enomination. 
 
 The Clergy of this Province are, in general, but indifferently fupported : 
 it is true they live eafdy, but few of them leave any Thing to their Children. 
 The epifcopal Miffionaries, for enlarging the Sphere of their fecular Bulinefs, 
 not many Years ago attempted, by a Petition to the late Govcmour CHntoTiy 
 to engrofs the Privilege of folemnizing all Marriages. A great Clamour en- 
 fued and the Attempt was abortive. Before that Time the Ceremony was 
 even performed by Juftices of the Peace, and the Judges at Lav/ have de- 
 termined fuch Marriages to be legal. The Govemour's Licenfes now run to 
 " All Prote/iant Minijlers of the Go/pel." Whether the Juftices aft ftill, when 
 the Banns are publifhed in our Churches, which is cuftomary only with the 
 Poor, I have uct been informed. Marriage in a new Country ought to have 
 the higheft Encouragements, and it is an this Account, perhaps, that we 
 have no provincial Law againft fuch as are clandeftine, though they often 
 happen, and, in fome Cafes, are attended with Confequences equally me- 
 lancholy and mifchievous. . ., ^ . . : > i. ...; ... ":. : ..;- :i 
 
 As to the Number of our Clergymen, it is large enough at prefent, there 
 being but few Settlements unfupj^ied with a Miniftry, and fome fuperabound. 
 In Matters of Religion we are not fo intelligent, in general, as the Inhabi- 
 tants of the New-England Colonies } but both in this Refpeft and good Mo- 
 rals, we certainly have the Advantage o{ the Southern Provinces, One of 
 the King's Inftruftions to our Goveniours, recommends the Inveftigation olF 
 Means for the Converiion of Negroes and Indians. An Attention to both, 
 efpecially the latter, has been too little regarded. If the Mifllontries of the 
 Englijh Society for propagating the Gofpcl, inftead of being feated in opu- 
 lent chriftianized Towns, had been fent out to preach among the Savages, 
 unfpeakable, political, Advantages would have flowed from foch a falutary 
 Meafurc. Dr. Douglafs, a fenfible, immethodical, Writer, often incorrcft, 
 expc£ts too much * : befides, he treats the Miflionaries with Rudenefs and 
 Contempt, and lalhes their Indolence with unmerciful Acrimony. 
 
 CBA 
 
 F1 - 
 
 * <^ Our ynung Mi/nonaries may procure a ** intermarry with the Daughters of the Sa- 
 
 " perpetual Alliarjce and commcttial Advan- " chcms, and other confidcrable Indians^ and 
 
 " tagcs with the Indians^ which the Remand- " their Progeny will for ever be a certain Cement 
 
 »♦ thulic Clergy cannot do, becaufe they are for- " between us and the InJiens," Dtugl. Sum. 
 
 <* bid tu marry. 1 meun uur MiHiunarics may is\. Vol. II. p. 138. BoJ}»n)L6\\. 1753. 
 
 CHAP. 
 
ciHAP.r. THE »IS TORY OF NEW-VOEK. 229 
 
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 .12. K/. 'iyjj^ Political State. ' 
 
 -I-. 
 
 THIS Colony, as a Part of the King's Dominions, is fubjeft to the 
 Control of the Bnti/h Parliament, but its more immediate Govern- 
 ment is veiled in a Governour, Council, and General Aflfembly. 
 The Governours in Chid^, who are always appointed by the King's Com- 
 miflion under the Great Seal of Great-Britain, enjoy a vaft 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 Danvers OJborn. i ' 
 
 :k Tf 
 
 A P. 
 
 GEORGE the Second by the Grace of God of Great-Britain France and 
 Ireland King Defender of the Parifih and io forth. To our truAy and well be- 
 loved Sir JO/tnvers Osbom fiaronet Gi«eting Whereas we did by our Letters Pa- 
 tent und'^j ■ GreatSeal of Great-Britain bearing Date d^WefiminJitr thethird 
 Day of Jt T he fifbeenth Year of our Reign conftitute and appoint the ho- 
 nourable ir&>rge Clint fin Eiq; Capt»iv General and Governor in Chief in and 
 over our Pix)vince of Ntiv-Tork and the Territories depending thereon in Ame- 
 rpca for and during our Will and Pleafure 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 determined and by thcfe Prefents do revoke and 
 determine the faid recited Letters Patent and every Claufe Article and Thing 
 therein contained And further know you that we repofmg cfpecial Truilt 
 and Confidence in the Prudence Courage and Loyalty of you the faid Sir 
 Danvers OJbom of our efpecial Grace certain Knowledge and meer Motion 
 have thought fit to conftitute and appoint you the faid Sir Danvers OJbcrn to 
 be our Captain General and Governor in Chief in and over our Province of 
 New-'Tork and the Territories depending thereon in America and we do here- 
 by require and command you to do and execute all Things in due Manner 
 that (hall belong unto your faid Command and the Truft we have repofed in 
 you according to the feveral Powers and Directions granted or appointed you 
 by this prefent CommifTion and the Inflru6tions herewith given you or by 
 
 fuch 
 
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«3o THE HISTORY OF NEW-YORK. chap. v. 
 
 fucli further Powers Inftruftions aiid Authorities as ihall at any Time here- 
 after be granted or appointed you under our Signet and Sign manual or by 
 our Order in our Privy Council and according to fuch reafonable Laws and 
 Statutes as now are in Force or hereafter fhall be made and agreed upon by 
 you with the Advice and Confent of our Council and the Aflembly of our 
 laid Province under your Government in fuch Manner and Form as is here- 
 after expreffed' and our Will andPleafure is that you the laid Sir Dangers OJ- 
 born after the Publication of thefe our Letters Patent do in the firft Place take 
 the Oaths appointed to be taken by an A61 palled in tlie firft Year of our 
 late royal Father's Reign intitled an A6t for the further Security of his Ma- 
 jefty's Perfon and Government and the Succcflion of the Crown in the Heirs 
 of the late Princefs Sophia being Proteftants and for extinguilhing the Hopes 
 of the pretended Prince of Wales and his open and fecret Abettors as alfo 
 that you make and fubfcribe the Declaration mentioned in an A6b of Parlia- 
 ment made in the twenty-fifth Year of the Reign of King Charki the Second 
 intituled an Acl for preventing Dangers which may happen from Popilh Re- 
 cufants and fikewife that you take the ufual Oath for the due Execution of 
 the Office and Truft of our Captain General and Governor in Chief in and 
 over our faid Province of New-Tork and the Territories depending thereon 
 for the due and impartial Adminiftration of Juftice and further that you take 
 the Oath required to be taken by Governors of Plantations to do their ut- 
 moft 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 Authority and are 
 required to tender and adminifter unto you and in your Abfence to our Lieu- 
 tenant Governor if there be any upon the Place all which being duly per- 
 formed you fhall adminifter unto each of the Members of our faid Council 
 as alfo to our Lieutenant Governor if there be any upon the Place the Oaths 
 mentioned in the faid Act entituled an A£t for the further Security of his 
 Majefty's Perfon and Government and the Succeflion of the Crown in tiie 
 Heirs of the late Princefs Sophia being Proteftants and for extinguilhing the 
 Hopes of the pretended Prince of JVales and his open and fecret Abettors as 
 alfo to caufe them to make and fubfcribe the aforementioned Declaration and 
 to adminifter to them tlie Oath for the due Execution of theii" Places and 
 Trufts. And we do hereby give and grant unto you full Power and Authority 
 to fufpend any of the Members of our faid Council from fiting voting and 
 alTiftine therein if you Ihall find juft Caufe for fo doing and if there ftiall be 
 any Lieutenant Governor him likewife to fufpend ffooi the Execution of his 
 
 Command 
 
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cHAP.v. THE HISTORY OF NEW-YORK. 231 
 
 Command and to appoint another in his Stead until our Pleafure be known 
 and if it {hall at any Time happen that by the Death Departure out of our 
 faid Province or Sufpenfion of any of our faid Councillors or otherwife there 
 fhall be a Vacancy in our faid Council (any three whereof we do hereby ap- 
 point to be a Quorum) our Will and Pleafure is that you fignify the fame 
 unto us by the firft Opportunity that we may under our Signet and Sign ma- 
 nual conftitute and appoint others in their Stead But that our Affairs may not 
 fuffer at that Diftance for want of a due Number of Councillors if ever it (hould 
 happen that tliere be lefs than feven of them rcfiding in our faid Province we 
 do hereby give and grant unto you the faid Sir Danvers OJbom full Power and 
 Authority to chufe as many Perfons out of the principal Freeholders Inhabi- 
 tants thereof as will make up the full Number of our faid Council to be fc- 
 ven and no more which Perfons fo chofen and appointed by you fhall be to all 
 Intents and Purpofes Councillors in our faid Province until either they ihall 
 be confirmed by us or that by the Nomination of others by us under our 
 Sign manual and Signet our faid Council (hall have feven or more Perfons m 
 it. And we 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 Ihall require to fummon and call general Affemblies of the faid Free- 
 holders and Planters within your Government according to the Ufage of our 
 Province of Neiv-Tork. (And our Will and Pleafure is that the Perfons there- 
 upon duly eledted by the major Part of the Freeholders of the refpedtive 
 Counties and Places and fo returned ftiall before then- Sitting take the Oaths 
 mentioned in the faid A61 intitled (an Aft for the further Security of his 
 Majefty's Perfon and Government and the Succeilion of the Crowri in tiic 
 Heirs of the late Princefs Sophia being Proteftants and for extinguifhing the 
 Hopes of the pretended Prince of JVales and his open and fecret Abettors) 
 as alfo make and fubfcribe the aforementioned Declaration (which Oaths 
 and Declarations you (hall commiflionate fit Perfons under our Seal of Neiv- 
 Tork to tender and adminifter unto them) and until tlie fame fliall be fo 
 taken and fubfcribed no Perfon fliall be capable of fitting though elected And 
 we do hereby declare that the Perfons fo elected and quahfied fhall be called and 
 deemed the general Aflembly of that our Province and the Territories de- 
 pending thereon And you the faid Sir Danvers OJbom by and with the Con- 
 fent of our faid Council and Aflembly or the major Part of them refpcftively 
 fliall have full Power and Authority to make confl:itute and ordain Laws Sta- 
 tutes and Ordinance! for the public Peace Welfare and good Government of 
 our faid Provuice and of the People and Inhabitants thereof and fuch others 
 
 as 
 
232 THE HISTORY OF NEW^YORK. chap. v. 
 
 as (hall refoit thereto and for the Benefit of us our Heirs and Succeflbrs 
 which faid Laws Statutes and Ordinances are not to be repugnant but as 
 near as may be agreeable to the Laws and Statutes of this our Kingdom of 
 Great-Britain provided that all fuch Laws Statutes and Ordinances of what 
 Nature or Duration foever be within three Months or fooner after the making 
 thereof tranfmitted unto us under our Seal of New-York for our Approba- 
 tion or Difallowance of the fame as alio Duplicates thereof by the next Coa- 
 veyance and in Cafe any or all of the faid Laws Statutes and Ordinances be- 
 ing not before confirmed by us Ihall at any Time be difallowed and not ap- 
 proved aind ib fignified by us our Heirs or SuccefTors under our or their Sign 
 manual and Signet or by Ordei* of our or theh* Privy Council unto you the 
 faid Sir Datrvers OJborn or to the Commander in Chief of our faid Province 
 for the Time being then fuch and fo many of die faid Laws Statutes and Or- 
 dinances as fhall be fo di&llowed and not approved ihaU from thenceforth 
 ceafe determine and become utterly void and of none Efie6t any Thing to the 
 contrary thereof notwithftanding And to the End that nothing may be palled 
 or done by our faid Council or Aflembly to the Prejudice of us our Heirs or 
 Succeffors we will and ordain that yjcsa Ac faid Sir Danvers OJbom fhaH have 
 and enjoy a negative Voice in the making and paffing of all Laws Statutes 
 and Ordinances as afore&id and you fhall and may likewife from Time to 
 Time as you fhall judge it neceflary adjourn prorogue and diffolve dl gene- 
 ral Aflemblies as aforefaid. And our ibrther Will and Pleafure is that you 
 ihall and may ufe and keep the pu'btit Seal of our laid Province of New- 
 Tork for fealing all Things whatfbever that pa& the Great Seal of our £ud 
 Province under your Government And we do furtiier give and grant unto 
 you the faid Sir Danvers OJbom ftiU Power and Authority from Time to 
 Time and at any Time hereafter by yourfelf or by any other to be autho- 
 rized by you in that Behalf to adminifter and give the^orementioned Oaths 
 to all and every fuchPerfon andPerfons as you fhall think fit who fhall at any 
 Time or Times pafs into our faid Province or fhall be refident or abiding 
 there, "i And we do further by thefe Prefents give and grant unto you the 
 (aid Sir Danvers Osborn full Power and Authority with the Advice and Con- 
 fent of our faid Coimcil to erc6); conflitute and eflablifh fuch and fo many 
 Courts of Judicature and public Juflice within our faid Province under 
 your Government as you aiid they fhall think fit and necefTaiy for the hear- 
 ing and determining of all Caufes as well criminal as civil according to Law 
 and Equity and for awarding Execution thereupon with all reafbnable and 
 neceffary Powers Authorities Fees and Privileges belonging th^eunto as alfo 
 
 3 to 
 
CHAP.V. THE ^tSTORY OF NEW-YORK. 23;? 
 
 to appoint and cormmffionatc fit Perfons in the (cveral Parts of your Govern* 
 tnent to adminifter the Oaths mentioned in the aforefaid A61 intitled an A61 
 for the further Security of his Majefty's Perfon and Government and the 
 Succeffion of the Crown in the Heirs of tfie late Princefe Sophia being Pro- 
 teftants and for extingiiifhing thie Hopes bf the pretended Prince of IVnIcs 
 arid his open and fecret Abettors as alfo' to tender and adminifter tlie afore- 
 faid Declaration unto fuCh Perfons belonging to the faid Courts as fhall be 
 obTiged to take the fame And we do hereby authorize and impower you to 
 eonftitute and appoint Judges and in Cafes requifite Commiffioners of Oyer 
 and Terminer juftices of the Peace and other neceflary Officers and Mini- 
 fters in oilr faid Provmce for the better Admiiuftration of Juftice dnd putting 
 the Laws in Execution and to adminifter or caufc to be adminiftered unto' 
 them fuch Oath or Oaths as are ufually given ^ rhe due Execution and 
 Performance of Offices and Places and for the cwaring of Truth in judicial 
 Caufes And we do hereby give and grant unto you full Power and Authority- 
 where you ftiall fee Cauie or ftiall judge any Offender or Offenders in cri- 
 minal Matters or for any Fines or Forfeitures due unto us fit Objects of our 
 Mercy to pardon all fuch Offenders and to renut all fuch Offences Fines and 
 Forfeitures (Treafon and wilful Murder only excepted) in which Cafes you 
 ftiall likcwife have Power upon extraordinary Occafions to grant Reprieves 
 to the Offenders imtii and to the Intent our royal Pleafure may be known 
 therein. And we do by thefe Prefcnts authorize and impower you to collate 
 any Perfon or Perfons to any Churches Chapels or other ecclefiaftical Bene- 
 fices within our faid Province and Territories aforefaid as often as any of them 
 ftiall happen to be void. And we do hereby give and grant unto you the faid 
 Sir Danvers OJbom by yourfelf or by your Captains and Commanders by you 
 to be authorized full Power and Authority to levy arm mufter command and 
 employ all Perfons whatfoever rcfiding within our faid Province of Nnv-Tork 
 and oriier the Territories under your Government and as Occafion Ihall fei-vc 
 to march from one Place to another or to embark them for the refifting and 
 withftanding of all Enemies Pirates and Rebels both at Sea and Land and to 
 tranfport fuch Forces to any of our Plantations in America if Neceflity ftiall 
 require for the Defence of die fame againft the Invafions or Attempts of any 
 of our Enemies and fuch Enemies Pirates and Rebels if there ftiall be Occa- 
 fion to purfue and profecute in or out of the Limits of our faid Province and' 
 Plantations or any of them and if it ftiall {o pleafe God, them to vanquilTi; 
 apprehend and take and being taken either according to Law to put to Dcathf 
 or keep and prcfcive alive at your Difcretion and to execute martial Law in 
 • ' •-'*'* H h Time 
 
 I 
 
234 THE HISTORY OF NEW^YORK. chap, v. 
 
 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 or ought of Right to belong jAnd 
 we do hereby give and grant unto you fiill Power and Authority by and 
 with the Advice and Confent of ourfaid Council to ereft raife and build in 
 t)ur faid Province of New-Tbrk and the Territories depending thereon fuch 
 and fo many Forts and Platforms, Caftles, Cities, Borouglis, Towns and For- 
 tifications as you by the Advice aforefaid fhall judge necefTary and the fame 
 or any of them to fortify and fumilh with Ordnance. Ammunition and all 
 Sorts of Arms fit and necefTaiy for the Security and Defence of our faid Pro- 
 vince and by the Advice aforefaid the fame again or any of them to demoliih 
 or difmantle as may be mofl convenient And forafmuch as divers Mutinies 
 and Diforders may happen l>y Perfons fliipped and employed at Sea during 
 the Time of War and to the End that fuch as fhall be fhipped and employed 
 at Sea during the Time of Wai* may be better governed and ordered we do- 
 hereby give and grant unto you the faid Sir Danvers OJborn full Power and 
 Authority to conlVitute and appoint Captains Lieutenants Maflers of Ships 
 and other Commanders and Officers and to grant to fuch Captains Lieute- 
 nants Maflers of Ships and other Commanders and Officers Commiffions to 
 execute the Law martial during the Time of War according to the Direc- 
 tions of two Adls the one pafled in the thirteenth Year of the Reign of King 
 Charles the Second entituled an A61 for the eflablifhing Articles and Orders 
 for the regulating and better Govenmient of his Majefty's . Nayies Ships of 
 War and Forces by Sea and the other palled in the eighteenth Year of our 
 Reign entituled an A£l for tlie further regulating and better Government of 
 his Majefly's Navies Ships of War and Forces by Sea and for regulating Pro- 
 ceedings upon Courts Martial in the Sea Service and to ufe fuch Proceedings 
 Authorities Punifhments Corrections and Executions upon any Offender cor. 
 Offenders who fhall be mutinous feditious difbrderly or any Way unruly eir 
 ther at Sea or during the Time of their Abode or Refidence in any of the 
 Ports Harbours or Bays of our faid Province and Territories as the Cafe fhall 
 be found to require according to the martial Law and the faid Direction du- 
 ring the Time of War as aforefaid /Provided that notliing herein contained 
 fhall be conflrued to the enabling you or any by your Authoiity to hold Plea 
 or have any Jurifdidtion of any Offences Caufe Matter or Thing committed 
 or done upon the high Sea or within any of the Havens Rivers or Creeks of 
 our faid Province and Territories under yoiu' Government by any Captain 
 Commander Lieutenant Mafter Officer Seaman Soldier or other Peifon what- 
 
CHAP. V. THE HISTORYOF NEW-YORK. 23,- 
 
 foever who (hall be in our a6lual Service and Pay in or on Board any of our 
 Ships of War or qither Veflels ading by immediate Commiflion or Warrant 
 from our Commiflioners for executing the Office of our High Admiral or 
 from our High Admiral of Great-Britain for the Time being under the Seal 
 of our Admiralty but that fuch Captain Commander Lieutenant Mafter Of- 
 ficer Seaman Soldier or other Perfon fo offending fhall be left to be proceeded 
 againft and tried as their Offences fhall require either by Commiflion under 
 our Great Seal of Great-Britain as the Statute of the twenty-eighth of 
 Henry the Eighth dire6ls or by Commiffion from our faid Commiffioners for 
 executing the Office of our High Admiral or from our High Admiral of 
 Great-Britain for the Time being according to the aforementioned Afts. 
 Provided neveithelefs that all Diforders and Mifdemeanors committed on 
 Shore by any Captain Commander Lieutenant Mafler Officer Seaman Sol- 
 dier or other Perlbn whatfoever belonging to any of our Ships of War or 
 other Veflels afting by immediate Commiffion or Warrant from our faid 
 Commiffioners for executing the Office of our High Admiral or from our 
 High Admiral of Great-Britain for the Time being under the Seal of our 
 Admiralty may be tried and punifhed according to the Lav^rs of the Place 
 where any fuch Diforders Offences and Mifdemeanors fhall be committed on 
 Shore notwithftanding fuch Offenders be in our a6hial Service and bom in 
 our Pay on Board any fuch our Ships of War or other Veflels aftingby im- 
 mediate Commiffion or Warrant from our faid Commiffioners for exearting 
 the Office of our High Admiral or from our High Admiral of Great-Britain 
 for the Time being as aforefaid fo as he fhall not receive any Protedlion for 
 the avoiding of Juflice for fuch Offences committed on Shore from any Pre- 
 tence of his being employed in our Service at Sea. And our further WiH 
 and Pleafure is that all public Monies raifed or which fhall be raifed by any 
 Aft to be hereafter made within our faid Province and other the Territories 
 depending thereon be iffued out by Warrant from you by and with the Ad- 
 vice and Confent of our Council and difpofed of by you for the Support of 
 the Government and not otherwife And we do hereby likewife give and grant 
 unto you full Power and Authority by and with the Advice and Confent of 
 our faid Council to fettle and agree ^ith the Inhabitants of our Province 
 and Territories aforefaid for fuch Lands Tenements and Hereditaments as 
 now are or hereafter fhall be in our Power to difpofe of and them to grant 
 to any Perfon or Perfbns upon fuch Terms and under fuch moderate Quit- 
 rents Services and Acknowledgments to be thereupon referved unto us as you 
 by and with the Advice aforefaid fliall think fit which faid Grants are to pafs 
 
 H h 2 and 
 
236 THE HISTORY OF NEW-YORK. chap. v. 
 
 and be fealed by our Seal of Neiv-Tork aiid being entered upon Record by 
 fuch GfHcei- or Officers as aie or fhall be appointed thereunto (hall be good 
 and efieclual in the Law againft us our Heirs and Succeflbrs And we do 
 hereby give you the faid Sir Danvers Ofiom full Power to order and appoint 
 Fairs Marts and Markets as alio fuch ^id io many Ports Harbours Bays 
 Mavens and other Places for the Convenience and Security of Shipping and 
 for tlie better loading and unloading of Goods and Merchandizes as by you 
 with the Advice and Confent of our faid Council Hiall be thought fit and 
 necefiary And we do hereby requiceand command all Officers and Minifters 
 civil military and aU other In}ud>itants of our fdd Province and Territories 
 depending thereon to be obedient aiding and affifling unto you the faid Sir 
 Danvers Q/born in the Execution <^ this our Commiffion and the Powers and 
 Authorities herein contained and in Ca^ of your Death or Abfence out of 
 our faid Provuice and Territories dq)ending thereon to be obedient aidinj^ 
 and stifling unto fuch Perfon as fhall be appointed by us to be our Lieutenant 
 Governor or Commander in Chief of our faid Province to whom we do 
 therefore by thefe Preients give and grant all and fingular the Powers and 
 Audiorities herein granted to be by him executed and enjoyed during our 
 Pleafure or until your Arrival within our faid Province and Territories and 
 if upon your Death or Abfence outx>f our faid Province and Teriitories de- 
 pending thereon there be no Perfcm upon the Place comnvUIionated or ap- 
 pointed by us to be our Lieutenant Govempr or Commander in Chief of our 
 faid Province our Will and Pleafure is that the eldefl Counfellor whole Name 
 is firfl placed in oui' faid Inftru£tions to you and wha fhall at the Time of your 
 Death or Abfence be refiding within our &id Province of New-Tork fhall 
 take upon him the Adminiflration of the Government and execute our faid 
 Commiffion and Inflru£Hons and the feveral Powers and Authorities therein 
 contained in the fame Manner and to all Intents and Puipofes as other our 
 Governor and Commander in Chief of oiir faid Piovince fhould or ought to 
 do in Cafe of your Abfence until your Return or in all Cafes until our fur- 
 ther Pleafure be known therein and we do hereby declare ordain and appoint 
 that you the faid Sir Danvers Ojborn fhall and may hold execute and enjoy the; 
 Office and Place of our Captain General and Governor in Chief in andovei* 
 oiu- Province of New-Tork and the Territpiries depending thereon together 
 with all and fmgular the Powers and Authorities hereby granted unto you 
 for and during our Will and Pleafure. And whereas there are divers Colo- 
 nies adjoining to our Pravince of Neui-Tork for th^ Defence and 3ecurity, 
 wherec^ it isre^uifite tl^t due Care be t^^Jka^ iuTinie of War we have there- 
 
 ,. T* fore 
 
 i>n. 
 
<?HAP.v. THE HISTORY OF NEW-YORK. 237 
 
 fore thought it neceflary for our Service and for the better Prote6lion and 
 Security of our Subjects inhabiting tbofe Parts to conflitute and appoint and 
 we dp: by th^fe Frefents conftitute and appoint you the faid Sir Danven Of- 
 born to be our Captain General and Comihander in Chief of the Militia and 
 of all the l^'orces by Sea and Land within our Colony of ConfieSiicut and of 
 all our Forts and Places of Strength within the lame and for the better or- 
 deiing governing and ruling our feid Militia and all our Forces Forts and 
 Places of Strength within our faid Colony of Conne^cuf we do hereby give 
 and grant unto you the faid Sir Danven OJbarH and in your Ab&nce t<y our 
 Qixnmander in Chief of our Province of New-Tork all and every the like 
 Powers as in thefePrefcnts are before granted and recited for the ruling go- 
 verning and ordering our Militia and all our Forces Forts and Places of 
 StTj^flgth within our Province of New-Tork to be e}ceix:ifed by you the faid 
 SkiDanvers O/born and in your Abfence from our Territories and Ddnuiiion 
 of New-rTork by oui- Commander in Chief of our Province of New-Tsrh with- 
 in our faid Colony of QmneSicut for and during our Plaafure In Witnefs 
 wherec^ we have caufed thefe our Letters ta be made Patent witnels ourfelf 
 at f^eftminjier the firft Day of Augu/i in the twenty-feventh Year of ouir 
 Reign. 
 
 .J vibii?/: 'diduv'i^l \':rlT :i: B^mitof Privy^Seair^' ^'wiO i . 
 
 YORKB tfW YORKE- 
 
 ,,fi;v/ ■'Mv^am lei. ai; V'.SjiO^ 3U; iU Ji- 
 
 »I3V/ '!>,:/< i!^ V 
 
 The Tijftru^tions, received with the Commiflion, are explanatory pf the 
 Patent, ahct regulate the Govemour's Condu6l on almoft every common 
 Contingency*. 
 
 The Salary generally granted to the Governour by the jBflru£tions is 
 1200/. Sterling out of Sie Revenue here; but that ^ being an inijuffident 
 Fund, the Aflembfy in Lieu of ii; give him annually 1560 /. Cu^irencyr The 
 Perquifites perhaps antount to as much more. v'^xs^xytn ..? i X-^m.^C 
 
 This Office was formerly very lucrative, but becomes daily lefs consider- 
 able, becaufe almofl all the valuable Trafts of Land are already taken up. 
 
 The Counc^iL w^p. full,; confifb p£ twelve Members appointed by the 
 King's IN^andamiis^and Sign qf^anual. All their Privileges and Powers are 
 containied in the InJ(^6iiohs. They are a Privy, CouncU to the Governour, 
 in Afts of civil Government j and take the fame Oath adminiftered to the 
 
 I 
 
 * The Inftru£lion8 are, in Number^ abonse chbnfcaUe 'at the King's PleaAire, bat rai*ely 
 a Hundred and never recorded. They are wKlcrgo any ve^ oonfidorabi^ Alteration. 
 
 il:;v; King's 
 
23« THE HISTORY OF NEW-YORK:, chap.t. 
 'King's Council in England. The Tenure of their Places is extremely preca- 
 rious, and yet tlieir Influence upon the publick Meafures very confideraUe. 
 :In the Grant of all Patents the Goveniour is bound to confult them, and 
 -regularly they 'cannot pafs the Seal without their Advice. 
 
 Tliey venjoy a legiflative Power, as the Lords do in Parliament j and exer- 
 xife alfo judicial Authority upon Writs of Errour and Appeals. They are 
 vconvened by the Govemour, and he is always prefent when they fit as a 
 Court Or Privy Council, which is ordinarily at the Fort. In their legiflative 
 Capacity they meet without the Govemour, and always at the City Hall. 
 They fit according to their Seniority, and the eldeft Member prefent is Speaker 
 of their Houfe. In a Committee the Chairman has no Voice. They can- 
 not vote by Proxy, but have the Privilege of entering their Difleht, and the 
 Reafons at large, on their Minutes. Their Proceedings are very formal, 
 and in many Refpe6l6 they imitate the Example of the Lords. Their Met- 
 res to the Aflembly are cliried by one of their own Members, and the 
 Houfe always rifes at his Entrance and receives them ftanding. The Council 
 never publifti their legiflative Minutes, but the Aflfembly always print their 
 9wn Votes, nor do either of thefe Houfes permit Strangers to be prefent at 
 their Conventions. 0' ->>* 
 
 A Counfellor's Title is The Honpurabk. They ferve his Majefty without 
 Salaries. The Bufinefs of the Privy Council Board is of late very much in- 
 creafed, and never had fo great Weight in the Colony as at prefent j which 
 is much owing to the King's calling Lawyers of Reputation to the Aflift- 
 ance of his Govemours. The prefent Members are the honourable 
 
 :<=>;; 
 
 Cadwailader Coldent - 
 
 Archibald Kennedy, .^ .We:;. l# V ^^ 
 Jamts De Lancey * Lieutenant Go- 
 vemour, -' '■■' 
 Daniel Horfmanden, ;^^^^; 
 George Clarke, ]\m, -' ■ ; ; " ' ^ 
 
 Sir H^illiam Jobnfon, 'Bart/*'' ^"''' * 
 
 yobn Chambers, 
 
 fkilliam Smith. . . , r* 
 
 Jofeph Murray, 
 John Rutherford, 
 Edward Holland, 
 
 vqir*?^. 
 
 
 
 The Bufinefs in Council daily increafes, and is nov? bccortte very burden- 
 ibme, being entirely tranfafted by a few Members. Mr. C^den refides in the 
 Country; Mi. Clarke m England', Mi. Rutherford, being an Officer, moves 
 
 * The Office of Lieutenant Govemour re- Rank in Council, nor is there any Salary an* 
 quires no Service, eJccept on the Death or in the nexedtoit. 
 Abfenceof aOovernour inChiefc. It gives ao ,.^<jjc«33! nVsa kis b>i&ii*H « 
 
 ,ynA with 
 
 (( 
 
 (( 
 

 rden- 
 11 the 
 lOves 
 
 an- 
 
 with 
 
 CHAP. V. THE HISTORY OF NE W-Y O R K. 239 
 
 with the Army, and Sir William John/on has his Refidence, in the Wcftcm 
 Part of the County of Albany. 
 
 The General Affembly confifts of twenty-feven Reprefentativcs chofen by- 
 the People, in I*|arfuance of a Writ of Summons ifluedby the Governour. 
 
 At the Day appointed for their Appearance, fuch as are elefted convene 
 themfelves at the Affembly-Chamber, in the City of New-Torky and, by the 
 Clerk of the Houfe, inform the Governour of their Meetings If they are 
 above thirteen in Number, fome Perfons (generally the Judges of the fupreme 
 Court) are fent tp the Aflembly-Chamber empowered by a Conuniffion to 
 take thciV O^ths^ and Subfcrip^ipns* . * They are then called before his Excel- 
 lency, who recommends their Choice of a Speaker. For that Purpofe they 
 again retire,, andcondu^the Perfon they deft into tlie Chair, which isfeated 
 at the upper End of a long Table, After that he is prefented,to his Excel- 
 lency, in tlie Coi^icil-Chamber ; and upon his Ap^'robationof their Choice, 
 which is ofs'pom-fe, the Speaker addrcffes himfelf :s0^the Govevneur, ?md in^ 
 Behalf of the Houfe prays, ** That their Words and Aftions may have a 
 •* favourable ConAruftipn^ that the Manbeis may have fre^ Accefs tohiai, 
 " and they and their Servants be privileged with a Freedopi frorn Trefts/' 
 The Govempur, after promifing.thefe Things on hisPait, reads -j; Speech 
 to both Houfes i and, at the Requeft of the Speaker,. ,de]iy'"'«» r\ Copy for tic 
 Ufe of the Affembly. 
 
 I need not enlarge upon the Cuftoms of the General > flembly; for they 
 take the Pradicfi;of the ^V(/^ Hpufe of Commons for their Model, and 
 vary from them m but very few Inftances. Money Bills are not returned to 
 them by the, Council Board) as the LcHrds do to the ;i^Ppnnmons } and yet the 
 Reafons for this Praftice are much ftronger here than at Home. When the 
 Governour, paffes the Bills Tent up to him, both Houfes. aoe prefent in the 
 Council Chamber. It is thei^ ^ujj^om^ry for hini fo^atf: the Advice of hb 
 Council with Refpeft to every Bill, arid he figns them at the Foot after thele 
 WordS:,, " I aflent tp this P|ll:,, enafting the fame, and order, it to he enrolled, * 
 After that the Afts are publifhed in the open S*:rce' . near thaCity Hall ; his 
 Exceljency,ti9d.tl3^ two Houfes being j)i5efcnt. 
 
 The daily Wages of ihe R.i^prcfentdtives, as r^uUted by fundry, A"^ o^ 
 Affembly, are annexed to the following Li Ji of the prefent Members of the. 
 Houfe., 
 
 i:^ i A V.J J V ■ liA'^Vti. 
 
 -.it V 
 
 ^1 
 
 For 
 
 li ' 
 
City and County of Albany. \Henty 
 
 «40 THE HTS'TORY OT/KPfiW^V Oi«W cttAP.V. 
 
 '^i?f'2^7 ' "- .^-^fpffSS -?fl '.iff ^vtA^X" -ntA^TH^ t:'!^ hns //."if A grfi mr//' 
 
 For the City and County of New- Richmond County. > ^ ^ 
 
 "^^^ ci^rSV* York. *^ f'ijyil-^'J^ i 'to ♦iimo-) /icirnifA Innmkj I'tiT 
 
 PmA Richard, Y''' '-^ '^^^'' .oweir SenjamhSMman,'' J -.Diem.^^^ 
 Henry Cruger, l EfqrS; Wch'6 J. >f;^ <»'• * ''^- (i-' '• -'i^- - '^ '^ - ..v'r::u(ii 
 WVliamWaltonA Diem»^ ■- .~-a_ . /c^ -.itt Di/TdHEM Goiinty." '^•''^- - 
 JohnWatts, i . .. ,'lintiTj-) • -- '^ • ' ■■ ; !-in^ 
 
 Peter Winne, }rni^ ' *«"i"''j;vi' '•' ^ '»»'>i3'^ Orange Countyi-^J^ ^^-'^^ 
 Peter Douw, j^^^"' '.^'- >^^''*'' >i*^T ^ ^^ ^>«-i '^M'j" *ri? ^ 
 
 ,t-*X02J X'^aj K- rft>J7.(ioi(|fji\ aifi hg tbeodorus Skediker, J Efqrs; 6 s. fer 
 m\. West-Chester County* Samuel Gale, J Dim. -'"' • 
 
 . '' i i • : 'k '7 ' '1' ♦ ;. '/: t' ' • ■ ■'tt*L*'-T 
 
 John thomas, YEfqrsj 6 s. per Borough of West-Chester. . 
 Frederick PbiUpfe, J Di>/». 
 
 ' . . n^tLV Peter DeLancey, E{qi 10 s. per Diem. 
 
 t^ttj. gv^poLK County.' '^'^'' 'It '■• . .;). i ' .. ■ 
 
 Townftiip of Schenectady. *^-' 
 
 Eleaxer MHIer, „..„_.„ 
 
 Jacdbus Mynderfe, Efq^ lo /. per Dim, 
 
 Jf^ttiam Nicolfi 
 
 "Y JEfqrSi9J.>rl?/«w. 
 
 ^rft h QvBEN'ft County* -^ ^^ o'> ^'> » "^ - Manor of RenslaerWycic. -^ 
 
 "Mimiu> KiNa*s Coning. ><' -» '**' 
 
 Johanfies Left, lEiqrs; (ys, per 
 
 J)miniau yii/ukr9feer,i Diem* 
 
 Ulster County. 
 
 Johannes Janfen, ") Efqrsj 6 s. per 
 Mofes De Pew, jun. J Diem, 
 
 John B. V. Renjlaer, Elq^ lo J. per 
 
 tyiem,' ' '■ ' 
 
 Manor of Livingston. 
 
 *)io .7 
 
 iRtf^/ Lfvingjion, jmi. Efqt to i. /rr 
 
 Diim, 
 
 : ... • !ri» 
 
 Manor of Courtlandt. ^• 
 Philip Ver Plank, Efqj 6 s. per Dim. 
 .3 The 
 
 14 
 «i 
 «« ( 
 
 «< < 
 
 f-;j. 
 
i ii'ii ' ' 
 
 'ER. 
 
 rDiem. 
 
 DY. 
 
 ^r: 
 
 Dim* 
 
 CR. ' 
 r 
 
 OJ. /«• 
 lo s.fer 
 
 T. 
 
 r JD/V^w. 
 The 
 
 CHAP. V. THE HISTORYOF NEW-YORK. 241 
 
 The Continuance of our Affemblies was unlimited, till the political Strug- 
 gles, which took Rife in Mr. Cojiy's Adminiftration, forced Mr. Clarke^ who 
 fucceeded him, to pafs the A6t reftrifting them to three Years ; but this was 
 repealed by the King, and a feptennial Law ena6ted foon after the Arrival oi 
 Govemour Clintorty which is Aillin full Force. 
 
 No Colony, upon the Continent, has formerly fuffcred more than ours, in 
 the Opinion of the King's Minifters. This has been owing to the ill Im- 
 preflions made by our Governours, who are fcarce ever difengaged from Dil- 
 putes with the Lower Houfe. Our Reprefentativcs, agreeable to the general 
 Senfe of their Conftituents, are tenacious in their Opinion, that the Inhabi- 
 tants of this Colony are entitled to all the Privileges of Englijhmni ; that tlicy 
 have a Right to participate in the legillative Power, and that the SelUon of 
 Aflemblies here, is wifely fubltituted inftead of a Reprefentation in Parliament, 
 which, all Things confidered, would, at this remote Diilance, be extremely 
 inconvenient and dangerous. The Goveinoms, on tjie other Hand, in ge- 
 neral, entertain political Sentiments of a quite different Nature. All the Im- 
 munities we enjoy, according to them, not only flow from, but abfolutely 
 depend upon, the mere Grace and Will of the Crown *. It is cafy to con- 
 ceive, that Contentions muft naturally attend fuch a Contradiction of Sen- 
 timents. Mod of our Difputes however relate to tiie Support of Govern- 
 ment. Before Lord Cornburys Embezzlements, the Rc\ euue was eftablifhed 
 for a long Period, but afterwards reduced to a few \'ears. The violent Mea- 
 fures, in Mr. Cojby^ Time, led the Allcmbly to the Scheme of an annual 
 Provifion. Thefe are the Words of *hat much famed Addrefs of the Houfe, 
 to Lieutenant Governour Clarke^ on the 8th of September 1737, previous to 
 the Change. 
 
 " The true Caufes of the Deficiency of the Revenue, we believe are too 
 " well known to your Honour, to make it neceflary for us to fay much on 
 
 • •* Wc are no more th..n a little Corjiora- 
 ** tion.— I woulJ a<lvi(e thcfe Gentli-incn (Al- 
 ** (emblies) for the future, to dio]) thofc Parlia- 
 ** mentary Airs and Style about Liberty and 
 *' Property, and kejp within their Sphere, and 
 •« make the btft Ufe they can of his Majcfty's 
 ** InilruAions and Commiflion ; bccaul'e it 
 ** would be high Treafun to At and adt without 
 •« it. — Thi« ii our Charter. If we .ibiife or 
 *' mike a wicked Ufc of his Majefty's Favours, 
 •• we arc, of them, but Tenants at V/ill ; wc 
 ** •niy hold tb«m during Rlcatute and tfnA Be- 
 F-ili 
 
 •' haviour." — Thefc aic the accurate and briglit 
 7'huui;hts of the Gcndiman who piibliflied a 
 Pamphlet, entitled, " An Effay tn the GevnH' 
 •' Mtnt of tbf Cokuit^t" in 1732. Sn ff^iJiium 
 y^/tus. Attorney (Jvntral tu Jomtt II. was of a 
 vrry dift'ircnt Opinion. For he told the Kiru», 
 *' That he coiiiil no more grant a Commiflion to 
 •» levy Money on his Subjedb in the Plantati- 
 " oni, without their Content by an AfTcmbly, 
 " than tl\cy could difchargc thcmrelvri from their 
 " Allrgianoc." Lift -/ Hh Wiiliim Phips, f. 2 j. 
 
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 242 THE HISTORY OF NEW-YORK. chap, v* 
 " that Head. Had the confpiaious Loyalty of the Inhabitants of the Pi-o- 
 *• vince, met with a fuitabie Treatment in Return : it is not unlikely, but 
 we fliould now be weak enough to a6l like others before us, in being In- 
 vifli beyond our Abilities, and raiflng Sums uimeceflary to be giv6n j and 
 continued the Donation, like them, for a longer Time than what was cofl- 
 venient for the Safety of the Inhabitants : but Ex|)erience has fhewn the 
 ImprudeiKe of fucli a Conduct, and the miferable Condition to which the 
 Province is reduced, renders the raifing of large Sums very difficult if not 
 impradicable. We therefore beg Leave to be plain with your Honour, 
 and hope you will not take it amifs, when we tell you, ' that you are not to 
 expe6V, that we eitlier will raife Sums unfit to be raifed j or put what we 
 fhali raife into the Power of a Governour to mifapply, if we can prevent 
 it : nor Ihall we make up any other Deficiencies, than what we conceive 
 are fit and jvilt to be paid j or continue what Support or Revenue we {hall 
 raife, for any longer Time than one Year. Nor do we think it convenient 
 to do even that, until fuch Laws are palled, as we conceive neceffaiy for 
 the Safety of the Inhabitants of this Colony, who have repofed aTruft in 
 us for that only Pui^pofe j and which we are fure you will think it realbn- 
 able we fhould a6t agreeable to, and by the Grace of God we will endea- 
 " vour not to deceive them." 
 
 The Sentiments of this Addrefs ftill prevail among the People, and there- 
 fore the Succefs of the prefent Solicitations, for a permanent, indefinite, Sup- 
 port, will probably be in vain. ,iW ni' >3iift 
 " The Miatter has been often litigated with great Fervency on both Sides, 
 and the Example of the Britijh Parliament urged as a Precedent for our Imi- 
 tation. To this it is anfweied, that the particular State of this Province 
 differs fo widely from that of their Mother Country, that we ought not ;a 
 this Refpeft to follow the Cuftom of the Commons. Our Conftitution, as 
 fome obferve, is fo imperfeft in numberlefs Inftances, that the Rights of the 
 People lie, even now, at the mere Mercy of their Governours j and grant- 
 ing a perpetual Support, it is thought, would be in Reality little lefs, than the 
 Lofs of every Thing dear to them. 
 
 It muft be confelfcd that many plaufible Arguments may be affignett, in 
 Support of the Jealoufy of the Ho\ ^1\ A Governour has numberlefs Oppoiv- 
 tunities, not proper to be mentioned, for invading the Rights of the People, 
 and infuperable Difficulties would neceflarily attend all the Means of RedrelS. 
 By gradual Advances, at feafonable Junflures, we might have intr6duce(l 
 fuch Amendments, as would at this Day have eilabliihed a found and well 
 
 fortified 
 
CHAP. Yi, THE HISTORY OF N E W-Y O H K. 243 
 
 fprtified pcHitical Frame j but through our utter Negle6t c^ Educatioi), tlie 
 ancient Aflemblies confifted of plain, illiterate, Hulbandmen, whole Views 
 ieldom extended farther than to the Regulation of Highways, the Deftixic- 
 tion of Wolves, wild Cats, and Foxes, and the Advancement of the othev 
 little Intereds of the p?rticular Counties, which they were chofen to reprefent. 
 
 CHAP. VI. 
 
 ir 
 
 if^iuiiOiwdJ :Jwl| ,",: ^ i ------- • -- , 
 
 r^^i . toit«^ Of our Laws and Courts. 
 
 vi 
 
 fev 
 
 ■Jr>.^ A 
 
 
 H 
 
 >ide9, 
 Imi- 
 >vince 
 >ot In 
 [n, as 
 If the 
 [rantr 
 the 
 
 TH E State of pur Laws opens a Door to much Controverfy. The 
 Uncertainty with Refpe6l to them renders Property j)rccarious, and 
 greatly expofes us to the arbitiary Decilions of bad Judges. The 
 common Law of 'England, is generally received, together with fuch Statutes, 
 as were ena6led before we had a Legillature of our own. But our Courts 
 exercife a fovereign Authority, in determining what Parts of the Common 
 and Statute Law ought to be extended; for it muil be admited, that the Dif- 
 ference of Circumftances neceflarily requires us, in fomc Cafes, to rejed 
 the Determinations of both. In many Inftances they have alfo extended, as 
 T have elfewhere obferved, even Acts of Parliament, palled lince we have 
 had a difthid.Legillation, which is adding^ greatly to our Confufion. The 
 Praftice of our Courts is not lefs uncertaih than the Law. Some of the 
 EngUjIi Rules are adopted and others re jelled. Two Things therefore feem 
 to be abfolutcly neceflary for the publick Security. 
 
 Firji^ The pafling an Adl for fcttUng the Exter . of the EngliJJ: Laws. And, 
 Secondly t That the Courts ordain a general Set of 'lules for the Regulation 
 
 of tlie Praaice. ^ '1.^^ > J/ . .. '_V.v *#^> V . 
 
 To give a particular Account of our Laws civil and criminal, cannot be 
 
 expe^ed in this Work. All Lands are held of tlie Ciown by Socage Tenure, 
 as thofe of Uajl-Grcenii;td\ at Home, in the County of Kent j and the Man- 
 ner of obtaining a Title to fuch as arc vacant, or in the Polleinon of the In- 
 diiinSf is this : 
 
 Formerly the Cuftom was to apply to the Governour in Council, for a 
 Liqcnie to purchafe Lands of the Natives in his Majefty's N^me. A Deed 
 was tlieu pi ivat^X' obtained ftXHiitlie7W/<;/i Piopriet9i>tpt].«Kiug» and an- 
 *^l* I i 2 nexcd 
 
244 TFiE HISTORY Of ]^fEW.YORK. chap. vi. 
 
 nexed to a fecond Petition to the Govemour, for a Warrant to the Surveyor- 
 General, to mal:e a Survey of the Quantity purchafed. Another Warrant, 
 upon tlie Return of the Survey, was then iffued to the Attorney-General, to 
 prepare a Draught of the Patent ; which being tranfmited to the Secretary's 
 Office, was then engroiled upon Parchment, and the Great Seal affixed to it 
 by the Governour. 
 
 In theie Surveys and Deeds more Lands were often included, than the In- 
 diam intended to fell ; and thefe Frauds being frequently complained of, an 
 Order was matle by the Governour and Coundl, in 1736, that thenceforth 
 no Indian Deed fliould be taken, until the Land propofed to be granted, was 
 a6lually llirveyed by the Surveyor-General, or one of his Deputies, in the 
 Prefence of the hidinn Proprietors : that the Bounds of the Trad: Ihould be 
 then entered in the Deed, and a Certificate endorfed, that they are agreeable 
 to the Sui-vey, and that he law the Confidei-ation Money or Goods, A nd fide^ 
 delivered to the Vendors. 
 
 The Patenting of Lands, has long been, and ftill continues to be, very 
 expenlive. 
 
 Our Law Judicatories are numerous ; I begin with the loweft. . „ . 
 
 . » 
 
 f»,* 
 
 Of the JUSTICES COURT. 
 
 
 JUSTICES of the Peace are appomted by Commiflion from the Go- 
 vernours, who, to ferve their Purpofes in Eleftions, fometimes grant, as 
 it is called, the Adrmnijlration tojparticular Favourites in each County, which 
 is the Nomination of Officers civil and militaiy ; and by thefe Means, the 
 Jufticcs have been aftoniftiingly multiplied. There aie Inftances of fome 
 who can ncithei write nor read *. Thefe Genii, befides their ordinary 
 Powers, are by A6ls of Aflembly enabled to hold Courts, for the Determi- 
 nation of fmall Caufes of five Pounds and under j but the Parties arc pri- 
 vileged, if they clioofe it, with a Jury of fix Men. The Proceedings are in 
 a fummary Way, and tlie Conduct of the Juftices has given juft Caufe to 
 innumerable Complaints, "^''e Juftices have alfo a Jurifdidion, with Re- 
 fpeft 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, and in- 
 fill Puniihments not extending to Life or Limb. 
 
 * Lord Baten'i Obl'et vdtion, that there are plicable to us. Baton"* lyirksy Fol. Vol. 11. p. 
 many who count it a Credit to be burdened with 151. — The Statute of 38 Hin. VIII. lir >ted the 
 the Office ii a Juilke of the Peace, is vtty ap- Number of Jufticcs to Eight in a County. 
 
 the 
 
VI. 
 
 CHAP. VI. THE HISTORY OF NEW-YORK. 
 
 245 
 
 very 
 
 ■'U-' 
 
 7>5^ Sessions ^W Court ^Common-Pleas. 
 
 THE Court of Common-Pleas takes Cognizance of all Caufes, where 
 the Matter in Demand is in Value above five Pounds. It is eftablifhed 
 by an Ordinance of the Governour in Council. The Judges are ordinarily 
 three, and hold their Offices during Pleafure. Through the Infancy of the 
 Country, few, if any of them, are acquainted with the Law. The Prac- 
 tice of thefe Courts is fimilar to that of the Common-Bench at Weflminjicr. 
 They have each a Clerk commiflloned by the Governour, who illues their 
 Writs, enters their Minutes, and keeps tlic Records of the County. They 
 are held twice every Year. Thefe Judges, together v. ith fome of the Juf- 
 tices, hold, at the fame Time, a Court of General. Seflions of the Peace. 
 
 
 He SUPREME COURT. 
 
 TH E Jurifdi6tion of this Court extends through the whole Province, 
 and its Powers are very great. For it takes Cognizance of all Caufes 
 civil and criminal, as fully as the King'i-Bencb and Common-P/eas at ffejimin- 
 jier. In civil Controversies, the Value of the Sum demanded mud exceed 
 twenty Poiuids. This Court has four Terms in a Year, and always fits at 
 NniC'l ork *. The Judges, for many Yeais paft, have been but tliiee. The 
 Chief Juftice has ten. Shillings as a Perquifite, upon the firft Motion in eve ly 
 Caufe, together with an annual Allowance of 300 /. The fecond and third 
 Juftices havealfo. yearly Appcntmcnts, too inconfiderable to be worth men- 
 tioning. They hold their Offices by feparate Commiffions under the Great 
 Seal of the Province, whieh wei-cformerly c/uring Pkaji^re, but of lata ^a/n 
 diu fe bene gejferint -f*. 
 
 The Supreme Court was, at firft, eftablifhed by feveral Lriws of the Pro- 
 vince; but the Terms were, afterwards, direftcd by an brUijuuux of the 
 Governour and Council, which is alterable at Pleal'urc. 
 
 ut 
 
 \ * Thr Tcim» oooimenrc on the tfiird Tuef- 
 dttsi in "January^ Aprils and Oiltbtr^ and on the 
 laU in 'July. The firft and the laft continue five 
 Days, and the two other Terms ten. 
 
 f Profecutions, by Information, are often com- 
 meiuxd in the Suprt'tnt Court by Order of. the 
 
 Governour and Council, an.l Criminals fumf- 
 tunes comniited by their W.ur.mis; f<;r whuh 
 Realbn lome are of Opinion, thu the Judges 
 ought not to be Mrmbsu oi that Hw;inl, which 
 \i frequently thr C&'x. 
 
 ' Wiiether 
 
-^ T'HTi: : HIS TORY Q E N E W-V O R-K. chap, vi. 
 
 \('hethei- this Court has a Right to determine Caufes in a Courfe of Equity, 
 was a Queftion much litigated, during the Trovibles in. the fcveral Admini- 
 ftrations of Mr. Cofy and Mr. Clarke. Colonel Morrisy afterwaids Gover- 
 jiour of Neiv-Jcrfeyy fat then as Chief Juftice upon the ^ei^ch, and delivered 
 a long, argumentative, Opinion in the Negative *.' The Pepiple were, in 
 general, on that Side, and the Excbequer Cbuit Bell {carce ever rung, but 
 the City was all in Confufion. Petitions againft ^he Court, from feveral 
 Parts of the Province, came up to the A^embly, who defirpd to hear Coun- 
 cil; and accordingly Mr. Sm'fhand Mr, Murray , delivered their Opinions at 
 their Requeft, both which were afterwards printed by their Order. The 
 former, who fpoke fiift, urged numerous Authorities^ to prove that no Court 
 of Equity could be legally eftabliflied except by Prefcription or an A61 of 
 the Legiflature, and concluded with thefe Words — " 'Tis with the greateft 
 " Subrriiflion that t tender my Opinion upon thefe Points. — I have faid no- 
 " thing with a Defign to offend any Man, nor have I omitted faying any 
 " Thing, that I thought might tend to the pubLck Good. Liberavi Ani- 
 *' nuim meam. I have endeavoured to difcharge the Truft, and fupport the 
 ** Chara6ler, with which this Houfe has honoured me. You have my fm- 
 " cere and real Sentiments. If I have erred in any Thing, it has been un- 
 willingly. I am heartily a Friend to this Cobny, and eameftly wiih its 
 Profperity, I have no Intereft in the Points in Queftion, but what are 
 common to all the Freemen of this Province. I profefs the greateft Ve- 
 neration for the Laws of my Country, and am glad of every Opportunity 
 to do them publick Honour. They place our Liberties upon the firmeft 
 Bafis, and put our Properties under the fureft Proteftion. I rejoice in the 
 Security that we have of a long Enjoyment of them, by the Settlemcntof 
 tlie Succeflion in the Houfe of Hanover. — 'Tis the Excellency of our Cou- 
 rt Itution, and the Glory. of our Princes, that they are fovereign over 
 Freemen, and not Slaves. 'Tis the Mifcry of an arbitrary Government, 
 that a Man can enjoy nothing undci* it, that he can call his own. Life, 
 Liberty, and Property, are not his, but all at the Will and Difpofal of his 
 tyrannical Owner. I don't wonder that our Anccftors have been always 
 fo jealous of their Liberties : How oft have they bravely fought, and 
 nobly died, in the Defence of tiiem ? We have received our Liberties and 
 
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 • See the printed Opinion, ami tlic Argu- oF tlit Supreme Court, on a Bill filed there for 
 
 nicnts of McfTiciirs y1lt\ander and Smith for the Governour Cp/?^)' in a Courfe of Equity, ,A^'if- 
 
 Defendant Ian Daw tuhafui the Attorney-Gc- Turk piinted by John P. Zengtr, IT3J. 
 ncial } ill Suppuit of a Plea to the Juiifilidtion 
 
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 CHAP. VI. THE HISTORY OF NEW-YORK. 247 
 
 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 
 " ftiould we take, that we and our Poilerity may enjoy them in their full 
 "Extent ? If this be our happy Cafe, laejhallft under ourtnun Fines and our 
 " own Fig-t frees y and none will make us afraid. We ihall fee our Country 
 flourifh, and ourfelves a happy People. But if an arbitraiy Power over 
 our Liberties and Properties be let in upon us, but at a back Dock, it 
 will certainly drive many of us out of our Hahitations j and 'tis to be 
 feared, wild once more reduce our Country to a Wilderneis, and a Land 
 without Inhabitant : which we doubt not but this honourable Hcufe will 
 take Care to prevent." 
 Mr. Murray laboured to (how that the Chancery, Kifigs-Bench, Common- 
 Pleas and Exchequer, were of original Jurifdiftion by the Conftitution of 
 England j and was fearful that our Eftablilhment of thefe Courts here by an 
 Aft of Aflembly, would draw into Queftion our equal Rights to all the 
 Liberties and Privil^es of Englijhmen. He clofed his Opinion in this. 
 Manner : - ..•!!«• 
 
 " And now, Mr. Speaker, I have in the beft Manner that I wns capable 
 of, performed what this honourable Houfe defired of me, in gi ing truly 
 my Sentiments upon the Subjefl Matter of thefe Petitions. ■* 
 
 *' Mr. Smith, in delivering his Sentiments laft Friday, did in (o hand- 
 fome and elegant a Manner, fully prove that the People of this Colony 
 are undoubtedly entitled to the Cuftoms, Laws, Liberties, and Pri\ ilcgcs. 
 of EngUJImcn^ that it was needlefs for me to attempt the Proof thereof, 
 which otherwife I fhould have done. But I do entiiely agree with him, 
 in all that he faid on that Head ; and I hope I have proved that tlie fun- 
 damental Courts, by the Laws of England, are as mucli Part of thoffc 
 Libeities and Privileges, and as much by the Cuftoms and I^aws of Eng- 
 land, as any other of theii- Liberties and Privileges are ; and of Conle- 
 qucncc, the People here as much entituled to thofe fundamental Courts, 
 as to their other Privileges -, and have endeavoured to anfwcr all the Ob- 
 jeftions that I had hcaid were, ©r thought could be, made againft our 
 being entituled to the fame Courts. And upon the whole thereof, as there 
 has been much talked about th^ Libei4ies and Privileges of the People, 
 I would beg Leave only to propound this one Queftion, who is he tliat ar- 
 gues moft in Favour of the Liberties of the People ? lie who affirms and 
 proves, that they arc entituled to thofe Liberties and Privileges, Laws and 
 QwjX^viyi.oiEfigiaridy and the good ,91^1 priginaj .Cvuits, that arc by thofe 
 . *' Laws, 
 
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248 THE HISTORY OF NEW-YOHK. cftAP.vr. 
 Laws, without an Aft ? or, he who argues and fays, we are n^t entitled 
 to them, until an Aft is pafled to cftablifti them ? I fuppofe the Anfwer 
 
 " would be given, without Hefitation, in Favour of the former. / " 
 
 " But, Mr. Speaker, if it yet fhould be faid, that there is a Neceffity for 
 making Afts 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 Legiflature of England have thought fit to make. I prefume, 
 it will not be faid, there can be a better Pattern offered for the Aflfembly 
 to go by. And it is not to be fuppofed, but that the Parliament at Home 
 has made all the Regulations therein tliat can be thought neceffary} where- 
 as going into new Schemes and new Inventions, may be attended with 
 many Inconveniences, which, when they happen, may not be fo eafily 
 
 " remedied. 
 
 " And I beg Leave to conclude, by praying tliat Cod Almighty may guide, 
 
 " direft, and influence this honourable Houfe, in their Debates and Conful- 
 tations upon this momentuous Affair, and that the End thereof may be 
 for the Good of all the Inhabitants of this Colony." 
 The Oppofition, to the Exchequer^ became now ftronger than before the 
 
 Council were heard. And therefore, under thefc Difcouragements, the Court 
 
 has taken Cognizance of no Caufes fmce Van Dam\ nor has that indeed 
 
 ever been determined *. 
 
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 * Sir fohn Randolph wrote his Sentiments 
 concerning thcfe Difputes to Captain Pearfe. 
 And as he was an eminent Lawyer in P'irgin'tay 
 I doubt not his Letter will be acceptable to th«; 
 Header. . > 
 
 I .1% i 
 
 ■ Sir, 
 
 •* By your Rcqucft, I have perufed and con- 
 *' fidered the Arguments of Mr. Smith and 
 *' Mr. Murray^ before the General Aflembly 
 *» of Niiv-York^ in Relation to the Court of 
 ** Equity eibbliHied there in a new Court of 
 " EKchiquer \ which I perceive Was done, prin- 
 *' cipally, for determining a Difpute between 
 *• the (jovcrnor and the Prefident of the Coun- 
 ** cil, about their Right to the Salary annexed 
 ** to the O/fice of the Commander in Chief, 
 ** whether he be the Governor or Prefident ; and 
 '* it feems flrange to me, that upon fuch an 
 ** Orcafion, iu extraordinary .\ Step fhould be 
 
 *• taken, as the erecting of a new Court, cx- 
 •' empted from the Rules of Proceeding at the 
 " Common Law, when the Matter might have 
 «< been decided in an Aftion of the Cafe upon 
 •' an Indebitatus ajfumpfit^ which is the fettled 
 ** Method and moft expeditious Rtmedy, iji 
 •* Cafes of that Nature. ' ' 
 
 ** Both thefe Ge.itlsmen feem to have agreed 
 •♦ in one Point, that it was neceflary to trace 
 " the Court of Chmcery and the Equity Court 
 ** in the Exchequer back to their oiiginiil Infti- 
 ** tution, in order to £hcw whether the Gover- 
 *• nor of -a new Plantation, hath a Power Or 
 *^ not to ere«St Courts, in Imitation of thde 
 •* high and ancient Courts in England.— ^knA 
 ♦* from their Refearches, they (eem to have 
 •' made very different Conclufions. Mr. Smith 
 ** rightly concludes againft the Legality of this 
 ** Court i but Mr. Aftirray is afraid all muft be 
 *' loft, if the four fundamental Court*, as he 
 
 " calls 
 
HAP. vr. 
 
 entitled 
 : Anfwer 
 
 sffity for 
 • to this 
 Courts, 
 3refume, 
 yrembly 
 It Home 
 ; where- 
 ed with 
 Co eafily 
 
 ly guide, 
 Conful- 
 may be 
 
 fore the 
 le Court 
 t indeed 
 
 The 
 
 ]]Iourt, cx- 
 liag at the 
 night have 
 Cafe upon 
 the fettled 
 meJy, hi 
 
 ave agreed 
 ' to trace 
 iity Court 
 iniil InfU- 
 le Govcr- 
 Power 6r 
 
 of thde 
 nfi. — And 
 
 to have 
 Mr. Smith 
 iry of this 
 II muft he 
 rts as he 
 " c.ilJs 
 
 CHAP. VI. THE HISTORYOF NEW-YORK. 249 
 
 The Judges of this Court, according to an Aft of Aflembly, are Judges 
 of Nifi Prim of Courfe j and, agreeable to an Ordinance of the Governour 
 
 and 
 
 
 •« calls them, can't be obtained in New-York.-^ 
 <( I own I don't underftand the Force of tlits 
 ** Sort of Reafoning, nor can I conceive, how 
 ** any Enquiry into the Original of the High 
 *( Court of Chameryy which muft after all end 
 " in a meer ConjcAure, can afford the leaft Af- 
 *' fiftance, in forming a right Judgment upon 
 ** this Qucftion, which muft depend upon the 
 *< particular Conftitution of thefc foreign Co- 
 ** lonies. — 
 
 «« The Court of Chancery in England^ has its 
 ** Being from Cuftom and Ufage, to which it 
 *« owes its Legality.— If it were to be ereftcd 
 ** now by the King's Power it could not ftand ; 
 *( therefore it is undoubtedly a great Abfurdity 
 •' to fuppofe, that upon the planting every new 
 '«« Colony by the Subjects of England^ new 
 *( Courts muft fpring up, as it were from tiie 
 *<' Roots of the pncient Courts, and be eftablifh- 
 " ed without the Confent of the Legiflature, 
 «( becaufe we can imitate their Methods of Pro- 
 *( ceeding, though we are very imperfeft in 
 ** Comparifon to their Reafon and Judgment. — 
 *( Then I think there is another Impropriety in 
 *• the Debate of this Queftion \ they would ar- 
 ** gue from the Power and Prerogative of the 
 *• King, to entitle a Governor to a£l in the 
 " fame Manner. I think before they turn a 
 *' Governor into a King, theyfhould take Care, 
 •< to provide for him the fame Sufficiency of 
 « Wifdom and as able a Council \ therefore I 
 *' muft fuppofe, a mighty Difference between 
 *' the Power of a King and the Governors a- 
 ** broad. — Their Inftruilions as to the cre(fting 
 ** of Courts, or the Authorities granted in their 
 *' Patents for that Purpofe, are not now, as 
 *• they were in the Beginning, when theie were 
 " no Courts; but proper Judicatures being long 
 " fince eftabliftied, there is an End of their 
 " Power in that Rcfpc<St, and if any Alteration 
 ♦' is found neccffary, it muff certainly be done 
 " by the Confent of the Lrgiilature. 'J'he 
 '♦ Kings of England liavc always, fo far as I 
 <' am aiqiiaintcd with the Ilifturv o( the PJaa- 
 
 *' tations, ufed a particular Tendernefs in the 
 '' BuHnefs of erecting their Courts of Judica- 
 " ture, by directing their Governors, to take 
 ** the Advice of the General Aflemblies in that 
 ** Matter, and I dare fay, that if the Patents 
 *' and Inftrudtions of the Governor of Neui- 
 " Ihi were to be inCpedled, no fufficient War- 
 " rant will be found in them, to exercife this 
 *' high Power of fetting up new Courts. But 
 " be that as ic will, this is moft maniftft, that 
 " fetting up one or more Men, with Power to 
 " judge Men's Properties, by other Rules than 
 " thole of the Common Law, by which alone 
 *' we of the Plantations mull be governed, muft 
 " ful)je«Sl the Eftatcs of that People to an arbi- 
 " trary Rule, fo far as they are reftrained from 
 *' appealing to an higher Jurifdidtion, and may 
 ** enflave them to the weak, if not corrupt, 
 *' Judgments of thofc Men. — It really Teems 
 " to be a fmgular Misfortune to the People of 
 *« Nav-yorif that a Queftion of this Nature 
 *' fiiould be fo far countenanced, as to become 
 *' a Subje£l of Argument, when I believe, in 
 " any otiier Colony, it would not have been 
 '* thought a Matter of any Doubt or the leaft 
 *' Difficulty. But above ail, it is moft extra- 
 ** vagant, that a Court of Equity ftiould be 
 ♦' erected, for the Trial of a Caufe, of which, 
 " without doing Violence to its Nature, it can- 
 '* not have any Jurifdidtion ; and I have won- 
 •' dercd, in fo warm a Debate, that this Point 
 " has been palled over. — I think nothinp could 
 *' entitle the Couit of Equity, to proceed in the 
 " Caufe between the Governor and f^an Daniy 
 " unlefsthere was a Want of Proof, oiFan Dam's 
 " receiving the Moiiey in Difpute, which I fup- 
 ** pofe is impoffibic, hiice it muft have idued out 
 *♦ of the publick 'I'reafury of the Provmce. — 
 *^ Jf I had been to have argued this Point, I 
 »♦ fliould have taken a very different MtthoJ 
 " from thofe Gcnilcmcn. Inftead of taking fo 
 " much Pains, in running through fo many 
 " Book Cafes, to lijttle what the Conftitution 
 " of England Uy 1 would have ftated the Coii- 
 K k ftitutioti 
 
■■■* 
 
 250 THE n 1 fi T-O R Y O F N E W- Y f> R K. chap.v^. 
 
 and Council, peifornl a Circuit through the Counties once every Year. They 
 carry with them, at the fame Time, a Commiilion of Oy^r and Terminer anji 
 General Jail Delivery, in which feme of the County Juftices are joined. 
 
 The Ju^lges and Pra6tifers in the Supreme, and all other Courts, wear no 
 peculiai- Habits as they do at Wefiminjler-Hall and in fome of the Wefi-hdia 
 Iflands J nor is there, as yet, any Diftinftion or Degrees among the Lawyers. 
 
 The Door of Admifiion into tlie Practice is too open. The ufual Prepa- 
 latories are a College or Univerfity Education, and three Years Apprentice- 
 fliip ; or, without the fornier, feven Years Service under an Attorney. In 
 either of thefe Cafes, the Chief Juftice recommends the Candidate to the 
 Go\'ernour, who thereupon grants a Licenfe to practice under his Hand and 
 Seal at Arms. This being produced to the Court, tlie ufual State Oaths and 
 Subicription arc taken, together with an Oath for his upright Demeanour, 
 and he is then qualified to practice in every Court in the Province. Into the 
 Coimty Courts, Attornies are introduced whh ftill lefs Ceremony. For our 
 Governours have formerly licenfed all Perfons, how indifferently foever re- 
 commended J and the Profeflion has been fliamefully dilgraced, by the Ad- 
 rpiifion of Men not only of the meancft Abihties, but of tlie loweft Em- 
 
 ii^'.J. (4.,. 
 
 *' ftitution of this particular Government, as it 
 *« is grounded either upon Treaties or Grants 
 *' from the Crown of England; for as New- 
 *' York was a conquered Country, it is very pro- 
 *« bable, fomething may have been ftipulatcd, 
 *• between the Stata General and Crown of 
 *« England, in Behalf of theSubje<asofiifc/(!(7«^, 
 ** which were left there in Pofleflion of their 
 " Eftates, and fo became SubjeAs to England. — 
 
 " ter has been omitted, Which would have be6n 
 *• of great Ufe to rhofe, who are unacquainted 
 *' with the Fa6ts, in forming a Judgment in this 
 ** Cafe. — I can't forbear obferving a mighty 
 *' Weaknefs in the Lawyers of New-York, in 
 ** blindly following a common Error, in Rela- 
 " tion to the Statutes of England being in Force 
 ** there ; whereas there is no Foundation in 
 *' Senfe or Reafon for fuch an Opinion. The 
 
 *• If there was any fuch Treaty, that muft be *• Common Law muft be the only Rule, and if 
 
 ** looked upon z% \!m Fundamental Law of the ** we wade into the Statutes, no Man can tell 
 
 ** Province; and next to that, the King's Char- " whiit the Law is. It is certain all of them 
 
 ** ters muft take Place. — I don't at all doubt, *' can't bind, and to know which do, was al- 
 
 •• but fome Way or other, the Common Law ** ways above my Capacity. — Thofe that are 
 
 " was eftabliflieid there, and if not, as there is *« declarative of the Common Law, ferve us 
 
 ** a Legiflature, I fuppofe it is adopted by the *« rather as Evidences, than by any bindin' 
 
 ** Country ; for thiere is undoubtedly, a «< Quality as Statutes. 
 
 *' great Difference between the People of a con- 
 *' quered Country, and Colonies reduced by the 
 »♦ King's Confent by the Subjects of England. 
 " The Common Law follows them wherever 
 *• they go, but as to the ether, it muft arife ei- 
 ** ther from Treaties or Grants ; therefore it is 
 *' a Pity, every Thing in Relation to this Mat- 
 
 ' ' .t ' \ '' 
 
 ** I am, Sir, * ■ 
 
 *' Your moft obedient Scivant , (sV. 
 
 «* John Randoli-h." 
 
 # . ployments. 
 
CHAP.vi. THE HISTORY OP N E W-Y O R K. 251 
 
 ployments. The prefent Judges of the Supreme Court are the honourable 
 (for that is their Title) 
 
 nv^j 
 
 James De Lance\\ Efqj Chief Juftice. 
 John Chambers^ Efq; fecond Juftice. 
 Daniel Horfmandeity Efq; third Juftice. 
 
 JL:;i 
 
 JhifiK. ) " 
 
 They have but two Clerks ; one attendant upon the Supreme Court at Neu^- 
 Torky and the other on the Circuits. The former feals all their Procefs and 
 is Keeper of the Records. ....... , -.' 
 
 7;&^ C O U R T 0/ A D M I R A L T Y. 
 
 TH E only Officers of this Court are the Judge, or Commiflary, the 
 Regifter and Marftial. The prefent Judge, Lewis Morris y Efq; has, 
 by his Commiffion *, a Jurifdiftion in all maritime Affairs, not only here, 
 but in the Colonies of New-Jerfey and Conne£licut. The Pioceedings before 
 him are in Englijh, and according to the Courfe of the Civil Law. 
 
 rhe PREROGATIVE COURT. 
 
 TH E Bufinefs of this Court relates to the Probate of laft Wills and 
 Teftaments, and the Grants of Letters of Adminiftration on Intef- 
 tates Eftates. The Powers, relative to thefe Matters, are commited to the 
 Governour, who a6ts ordinarily by a Delegate. 
 
 ?rve us 
 >inclin3 
 
 JLPH." 
 
 kients. 
 
 The Court of the GIovernour and Council. 
 
 TH E Authority of this Court is beft feen in the Infbudion on which 
 it depends. 
 ** Our Will and Pleafure is, that you, or the Commander in Chief of our 
 ** faid Province, for the Time being, do all in Civil Caufes, on Application 
 *' being made to you, or the Commander in Chief for the Time being, for 
 ** that Purpofe, permit and allow Appeals, from any of the Courts of 
 *• Common Law in our faid Province, unto you or the Commander in Chief, 
 
 auVrr 
 
 • It is under the Seal of the Admiralty', and dated Januarj i6, 1738. 
 
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 252 THE HISTORY OF N E W-Y O RK. chap. vi. 
 
 and the Council of our faid Province i and you are, for that Purpofe, to 
 ilfue a Writ, in the Manner which lias been ufually accuflomed, return- 
 able before yourfelf and the Council of our faid Province, -^bv ; re to 
 proceed to hear and determine fuch Appeal ; wherein fuch of ; cr ivd 
 Council, as fliall be at that Time Jud^s of the Court from whcuvC liich 
 Appeal fliall be fo made, to you our Captain General, or to the Com- 
 mander in Chief for the Time being, and to our faid Council, as afore- 
 faid, fliall not be admitted to vote upon the faid Appeal i but they may, 
 neverthelefs, be prefent at the hearing thereof, to give the Reafons of the 
 Judgment given by them, in the Caufes, wherein fuch Appeals fliall be 
 made. 
 
 " Provided neverthelefs, that in all fuch Appeals, the Sum or Value ap- 
 pealed for, do exceed the Sum of * three hundred Pounds Sterfing ; and 
 that Secuiity be firft duly given by the Appellant, to anfwer fuch Charges, 
 as (hall be awarded in Cafe the fii-ft Sentence be affirmed ; and if either 
 Party Ihall not refl: fatisfied with the Judgement of you, or the Com- 
 mander in Chief for the Time being, and Council as aforefaid, our Will 
 and Pleafure is, that they may then appeal unto us in our Privy Council. 
 Provided the Sum or Value fo appealed for unto us, exceed five hundred 
 Pounds Sterling, and that fuch Appeal be made within fourteen Days 
 
 " after Sentence, and good Security given by the Appellant, that he will 
 effeftually profecute the fame and anfwer the Condemnation, and alfo pay 
 fuch Cofl:s and Damages, as fliall be awarded by us, in Cafe the Sentence 
 of you, or the Commander in Chief for the Time being, and Council be 
 
 " affirmed. Provided neverthelefs, where the Matter in Queftion relates 
 to the taking or demanding any Duty payable to us, or to any Fee of 
 Office, or annual Rent, or other fuch like Matter or Thing, where the 
 Rights in future may be bound, in all fuch Cafes, you are to admit an 
 Appeal to us in our Privy Council, though the immediate Sum or Value 
 appealed for, be of a lefs Value. And it is our further Will and Pleafure, 
 that in all Cafes, where, by your Inflruftions, you are to admit Appeals 
 to us in our Privy Council, Execution be fufpended, until the final Deter- 
 
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 ■ • Before the Arrival of Sir Dattvers Ofiorn, 
 Appeals were given to the Governour and Coun- 
 cil, in all Caufes above 100 A Sterling, and to 
 the King in Council, in all thofe above 300 /. 
 Sterling. By this Inftru(Slion, the Power of the 
 Supreme Court and of the Governour and Coun- 
 cil, is prodigiouily augmented. la this Infant 
 
 Country few Contrails are equal to the Sums 
 mentioned in the Inftru£tion, and therefore sn 
 uncontrolable Au:hority in our Courts may be 
 dangerous to the Property and Liberties of the 
 People. Proper Checks upon Judges prefcrvc 
 them both from Indolence and Corruption. 
 
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CHAP. VI. THE HISTORY OF NEW-YORK. 253 
 
 mination of fuch Appeals, unlefs good and fufficient Security be given by 
 the AppUee, to make ample Reftitution of all that the Appellant (hall 
 " have loft, by Means of fuch Judgment or Decree, in Cafe upon the De- 
 termination of fuch Appeal, fuch Decree or Judgment fhould be reverfed, 
 and Reftitution awarded to the Appellant." 
 
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 ne COURT (?/ C H A N C E R Y. 
 
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 OF all our Courts, none has been more obnoxious to the People than 
 this. There have been (as I have already fliewn) few Adminiftrations 
 fmce its firft Ereftion, in which our Aflemblies have not expreffed their Dif- 
 approbation of its Conftitution by Ordinance, and the Exercife of the Chan- 
 ceUor's Power by the Governour. During the Adminiftration of Govemour 
 Cojbyy a Bill was filed by Sir Jofiph Eyles and others, to vacate the oblong Pa- 
 tent granted by his immediate Predeceffor to Hauky and Company. The De- 
 fendants excepted to the Govemour's Jurifdiftion, but being over-ruled, they 
 reforted to the Aflembly with a Complaint, and the Houfe, on the 6th of 
 November 1735, refolved, 
 
 " That a Court of Chancery in this Province, in the Hands or under the 
 " Exercife of a Governor, without Confent in General Aflembly, is contrary 
 to Law, unwarrantable, and of dangerous Confequence to the Liberties 
 and Properties of the People." 
 The fame Sentiments obtained among the People in Mr. Clarke's Time, as 
 is very evident in the memorable Addrefs of the Aflembly, in 1737, a Part 
 of which, relative to the Court of Chancery^ is too fmgular to be fupprefled. 
 " The fettling and eftablifliing of Courts of general Jurifdiftion, for the 
 due Adminiftration of Juftice, is neceflary in every Country, and we con- 
 ceive they ought to be fettled and eftablilhed, by the A<5ls of the whole Lc- 
 giflature, and their feveral Jurifdiftions and Powers by that Authority 
 limited and appointed, efpecially Courts that are to take Cognizance of 
 Matters in a Courfe of Equity. — This has been the conftant Pra6lice in 
 England^ when new Courts were to be erefted, or old ones to be aboliflied 
 or altered j and the feveral Kings of England, in whofe Reigns thofe A6ls 
 were made, never conceived, that the fettling, erefting, or abolifliing Courts, 
 by Afts of the Legiflature, had any Tendency to dcftroy or in the leaft to 
 diminifli their juft and legal Prerogatives. — It was the Method in Ufe here, 
 botli before and fince the Revolution, and particularly recommended to 
 
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254^ rSfe^HISTORY OF NEW-YORK. chap, vif 
 ** the Affembly to be done in that Manner, by a Mcflage from Govertior 
 Sloughter and Council, on the 15th Day of April 1691. He was the firft 
 Governor fince the Revolution j and the Governors that fmce that Time" 
 aflented to thofe A6ts, we fuppofe, never in the leaft imagined, they were 
 giving up the Prerogative of their Mafters when they gave that Affent j 
 nor did we ever learn that they were cenfured for doing fo. — On the con- 
 trary, the conftant Inftruftions, tliat have from Time to Time been given 
 to the Governors of this Province, feem clearly to point out the doing of 
 it, by Ads of the Legillature, and not othei-wife, as may be gathered 
 *' from the hiftru6lion, for the cre6ting of a Court for the determining of 
 fniall Caufes, by which tliere aie pofitive Directions given to the Gover- 
 nors, to recommend it to the Aflembly, that a Law ihould be pafled for that 
 Purpofc } but notwithftanding thefe Direftions, given in direft and ex- 
 prefs Terms, the Governors never would apply for fuch an Afl, but ered- 
 ed that Coiut by an Ordinance of themfelves and Council, as they did 
 the Court of Chancery^ which had before that Time been crefted by Ads 
 of the Lcgiflature in another Manner. — They could not be ignorant, 
 what DilVatisfaclion the ereding of a Court of Chancery in that Manner, 
 gave the Generality of the People. — This was veiy manifeft, by the Re- 
 folvcs of the General Aflembly, at the Time of its firft being fo eredcd, 
 and often fmce, declaring the Illegality of fuch a Proceeding. And tliough 
 thefe Rcfolves, have been as often as made, treated by the Governors with 
 an unreafonable Difregaid and Contempt of them, yet to Men of Prudence, 
 they might have been effedual, to have made them decline perfifting in a 
 Procedure, fo illegal and fo generally diflatisfadoiy j and which (as they 
 managed it) proved of no Ul'c to the Public or Benefit to themfelves. For 
 as few of them had Talents equal to the Talk of a Chancellor, which 
 they had undertaken to perform, fo it was executed accordingly. Some 
 of them being willing to hold fuch a Court, others not, according as they 
 happened to be influenced by thofe about them. So that were it really 
 eftabliflied in the moft legal Manner (as it was not) yet being in the Hands 
 of a Perfon not compellable to do his Duty, it was fo managed, that the 
 extraordinary Delays and fmitlefs Expence attending it, rendered it not 
 only ufelefs, but a Grievance to the Inhabitants, ef[)ecially thofe, who 
 were fo unfortunate as to be concerned in it : which we hope you think 
 with us, that it is high Time fliould be rcdrefl^. 
 
 •' Your Honour well knows, that the eftabliftiing that Court, iti the Man- 
 ner it has been done, has been a Subjcd of Contention, between the Go- 
 
 ' " vernors 
 
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 CHAP. VI. THE HISTORY OF NEW-YORK. 255 
 
 wmors and the AfTembly ; and fince it is confefled by all, that tlie eda- 
 blifliing both of that, and other Courts, by A61 of the Legiflature, is in- 
 difputably legal, and gives them the moft uncontrovertible Authority ; and 
 if unqueftionably legal, what is fo, cannot be deftruftive of his Majefty's 
 Prerogative. — We therefore hope, you will make no Scruple of afienting 
 ** to this Bill, to put an End to a Contention, that has not been, nor will 
 " be, while it continues, beneficial to his Majefty's Sen'ice." — 
 
 From this Time, the Chancery has been unattacked by the Aflembly, but 
 the Bufinefs tranfa^led in it is very inconfiderable. A Court of Equity is 
 abfolutely neccflary, for the due Adminiftration of Juftice ; but whether pri- 
 vate Property ought to be in the Hands of the Governours, I leave others 
 to determine *. As the publick Bufmefs of the 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 Rol/s. The prefeiit Officers of this 
 Court (which is always held in the Council-Chamber at the Fort) are, his 
 Excellency Sir Charles Hardy ^ Knt. Chancellor, two Mafters, two Clerks, 
 one Examiner, a Regifter, and a Serjeant at Arms, and not one of them has 
 a Salary. In our Proceedings we copy after the Chancery in England^ and 
 indeed in all our Courts, the Practice at Home is more nearly imitated in 
 this and New-Jerjiy, than in any other Province upon the Continent. Few 
 of our Aflemblics have been capable to concert any new Regulations of this 
 Kind ; and hence tlie Lawyers have had Recourfc to the En^lijh Cuftoms and 
 Forms, which they have generally adopted. While the Kav-Enghrui T'olo- 
 nies, through the fuperior Education of their Rcpielcntjitivcs, iuivc intro- 
 duced numberlefs Innovations, peculiar to thcniil-ivcs ; t!ic Laws of our 
 Mother Country have gradually obtained lieic, and. in this Rclj)ecV, tlic 
 Publick has perhaps received Advantages, even from the Ignorance of our 
 Anceftors. 
 
 • Some are of Opinion, that tlic Govcrnoiir'.s JuriUlicTion iiithii, an.! xhc Spiritual , or Prvj- 
 g/itivCf Cmtt arc incompatible. 
 
 : not 
 
 who 
 
 think 
 
 F I N I S. 
 
 lan- 
 Go- 
 Irnors 
 
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