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1 2 3
1
2
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5
6
THE
H IS TO R Y
OF THE PROVINCE OF
r^:
N E W-Y OR K,
FROM THE
FIRST DISCOVERY,
To which 18 annexed
A Defcription of the Country, an Account of the
Inhabitants, their Trade, Religious and Political
State, and the Conftitution of the Courts
of Jufticc in that Colony.
Lo f Jwarming o^er the new difcover'd fVorldy ,
Gay Colonies extend ; the calm Retreat
Of unde fervid Dlfirefu —— ,
• Bound by Jocial Freedom ^ jirm they rife ;
O/'Britain'i Empire the Su/»port and Strength,
^ Thomson.
Nee minor cji rirftts, quam quarere^ parta tueri*
By WILLIAM SMITH, A.M.
LONDON:
Printed fpr J. Almon, oppofite Burlington-iHoufe^
Piecadiify,
MDCCLXXVI.
f.
9
ilcMASTER UNtVERSilY UBmX
PRE F^ A C £
WHOEVER conlidcrs the number and ex-^
tent of the Britilh colonies, on this conti-
nent } their climates, foil, ports, rivers^ riches, and
numberle^ advantages, mud be convinced of their
yaft importance to Great Britain ; and be at a lofs
to account for the ignorance concerning them,<
which prevails in thofe kingdoms, whence their in-'
habitants originally fprang. The merchants, id"
deed, by profitable experience, have not been alto^ '
gether unacquainted with our trade and our growth ;
and fome gentlemen of an inquifitive turn, by the
help of their correfpondents, have obtained the <
knowledge of many other particulars equally ini-
portant. But the main body c^ the people conceive
of thefe plantations, under the idea of wild, bound-
lefs, inhofpitable, uncultivated deferts ; and hence
the punifhment of a tranfportation hither, in the
judgment of moft, is thought not much lefs fevere,
than an infamous death. Nay, appealing to fadb^
we may fa&ly affere, that even the public boards, to
whofe care thefe extehfive dominions have been
more efpecidly committed, attained, but lately^
any tolerable acquaintance with 'their condition.
This is the more to be wondered at, as it is natural
to imagine, that the King's governors have ftatedly
tranfmitted full accounts of their re^)e6live pro-
vinces. The cafe has been quite otherwife. Go?«
vernments were heretofore too often bellowed upon^
men of mean parts, and indi^nf circttmftances.'
The former were incapable of the talk, and the lat-
tcr too deeply engroflfed by the fordid views of pri-
A 2 vate=
iv
PREFACE.
vate intcreft, either to pvyfue or ftiidy our com-
mon weal. The worft confcquences have rcfulted
from thefe meafures. Perpetual animofities being
engendered between the governors^ and the people
fuoje6ted to their authority ; all attempts for con-
ciliating the friendfhip of the Indians, promoting
the fur trade, fecuring the command of the lake^,
protefting the frontiers, and extending our, poffef-
iions far into the inland country, have too often
given place to party projedls and contracted
Ichemes, equally ufelels and Ihameful. Thecon-
duft of the French has been juft the reverfe : in
fpite of all the difadvantages of a cold climate, a
long and dangerous navigation up the river of St.
Lawrence, a rough, barren, unfcttled * country,
locked up /rom ail communicauon with the ocean,
the greateft part of the year •, I fay, notwithftanding
theie difficulties, they have feized all the advantages
which we have neglefted. The continent, for many
hundred leagues, has been thoroughly explored,
the main panes fortified, innumerab& tribes of In-
nians, either won over to their intereft,f fubdued,
or bridled, the fur trade engrofTcd, a communica-
tion maintained between the extremes of New-
France, the Britilh colonies reftrifted to fcant limits
along the fea ihore, and nothing left reni^ini^g for
the eftablilhment of a vaft empire, but to open a
free water paffaee to the ocean, by the conqueft of
the prqyince of New-York.
If the governors of thefe plantations had formerly
bjeeii animated by the fame generous and extenlive
views, which infpired Mr. Burnet, the long pro-
jefted designs of , our common enemy inight, with
the aid of Great Britain, have been many years ago
fupplahted, or at lead defeated, at a trifling expence.
But, alas ! little, too' little, attention has been had
* ** Encore mains peuple.** Charlevoix.
f ** NStre nation^ lafeule^ qui ait tu le/ecret de gogncr Ptif-
•' ftStion des Jmeriquains." Charlevoix.
to
PREFACE.
to thefe important affairs, till the late encroachments
on the river Ohio, in the province of Pcnfylvania,
cave the alarm, and the miniftry were apprized of
the French machinations, by the feafonable repre-
lentations of General Shirley ; and if the colonies
have now attracted the notice of his Majcfty and his
parliament, their grateful acknowledgements are
due principally to the noble Lord, to whorrt thefe
(heets are dedicated, for his laudable enquiries into
thetr ftate, and his indefagatible zeal and induftry
for their defence and profpefity.
At prefent our affairs begin to wear^a more fmi^
ling afpeft. We are under the guardianfhip of a ,
Sovereign, who delights in the welfare of his peo-
ple ; are refpefted by a Parliament, affeded with a
generous fympathy for the diftreifes of their fellow
lubjefts, in all their difperfions ; and by a wife im-
provement of the Britifh aids, it is hoped, we ihall
be able to retrieve the ill confequences of our long,
reproachful, and infenfible fecurity.
Formerly the colonies were at home difregarded
and defpifed, nor. can any other reafon be alTigned
for it, than that they were unknown. This is, in
a great degree, to be imputed to ourfelves. If our
governors with-held thofe informations, which their
duty required them to have given, perfons of pri-
vate charaders ought to have undertaken tb u* ufe-
ful andneceffary tafk. But, except fome accc jnts
of the fettlements in the Maffachufets-bay and Vir-
ginia, all the other hiftories of our plantations upon
the continent, are little elfe than collections of falf-
i hoods, and worfe than none. That this charge
lagainft thofe publifhed concerning this province,
pn particular, can be fully fupported, I perfuade
liyfelf, will inconteftably appear from the follow-
ing fummary, concerning which I ihall fay a few
words.
Having been formerly concerned, according to
an appointment by aft of aflembly, in a review and
digeft
vi'
PREFACE.
digeft of our provincial laws, it was the duty of
myfclf, and my partner in that fcrvice, to pcrufe
the minutes of the council, and the journals of the
general aflcmbly, from the glorious revolution, at
the accelTion of King William, to the y^ar 1751 :
and as an acquaintance with our public tranfa^ions,
was a branch of inftru^ion, of which ^ IVudcnt for
the profeflfion of the law ought not to bo ignorant,
I have fince rc-cxamitred thofe entries, beg^ining
with the firft minutes of council, and read clvejvma-
ny of the records in the fecretary's office. From
thefe authentic materials, the following p^g^s were,
in a great meafure, compiled. For m^ny pf thofe
parts, whifh concern our affairs with the Fiicnch
and the Indians, .antecedent to the peace of Ryf-
wiick in 1697, 1 ^^ bound to make liberlil acknow-
ledgements to Dr. Colden, the author of the Hiflo-
ry of the Five Nations. i, ,., ..
.,, Mr. Alexander, a^entleman eminent iii the law,
and equally diftinguilhed for his humanity, genero-
fi^, great abilities, and honourable dations, fup-
plied me with fome ufeful papers ; apd has left be-
hind him a coUedtion, that will be v«fy fervipeable
tOj any gentleman, who may hereafter incline to
continue this narrative, through the adminjftrations
of Mr. Cofby and Lieutenant-governor Clarke.
The draught of this work was un$pifl^e4 , at the
time of Mr. Alexander's deceafe-,* and therefore,
as it never palled under his examination, many im-
pprtaht additions are loft, which his long and in-
timjite acquaintance with the affairs p^|t|i|i^ province
would have enabled him to fupply. rn
When I began to frame this digeft, k was only
intended for private ufe 5 and the motives which
i^ow induce me to publifh it, are the gratification of
the prefent thirft in Great Britain after American
I intelligences •, contributing, as far as thi$ province
* He died on the 2d of April, 1756.
IS
PREFACE.
is concerned, to an accurate hidory of the Britifh
Empire * in this quarter of the world j and the
proipeft of doing foftie fmall fcrvicc to my country,
by \Ay\t\(L before the public a fummary account of
its firre iriK und prefent ftate.
Influenced by thcfc views, I am not fo rcgardlcfs
of the uidgment of others, as not towilhit may be,
in foriiS meafurc acceptable. To pleale all forts of
reader's I know is impoflible : he who writes with
fuch h<^s, is a ftranger to human nature, and will
be infallibly difappointed. My dcfign is rather to
inform than pleale. He who delights only in pages
fhining with illuftrious characters, the contentions
of armies, the rife and fall of empires, andothc'r
sra;fid events, muft have recourie to the great au-
uiors of antiquity. A detail of the little tranfac-
tions, which concern a colony, fcant in itsjurifdic-
tion, and ftill itrugding with the difficulties natu-
rally attending its infant ftate, to gentlemen of this
talle can furnifh no entertainment. The enfuing
narrative ^( for it deferves not the name of a hiftor),
though for brevity's fake I have given it that title)
prefents iis only a regular thread of fimple fads -,
artdeven thofe uncmbellilhed with refledlions, be-
caufe'tjaey themfelves fuggeft the proper remarks,
and moft readers will doubtlefs be beft pleafcd with
theJi'^ o^Ti\^^ The facred laws of truth have been
irifrin^ea r^i^ither by pqfitive aflertions, oblique, in-
fidibtis hints, wilful fuppreffions, or corrupt mii-
rfeprerehtatiiiiii ' To avoid any cenfures of this kind,
no reins have been given to a wanton imagination,
for the invc-nrion ot plaufible tales, fupported only
by light probabilities : but choofing rather to be
hbritli and duli,-«than agreeable and falfe, the true
*' As the piW'inces are different in their con ftitutions, and
^>vith refpecl to government, independent of e;ich other, no
general hiftory of America can be expefted, till gentlemen of
leifure will draw up particular accounts ot the relpeCtive colo-
pies with which they are acc^iiainted.
VII
3
impjrt
viii
• P !t E F A C E.
import of mv vouchers hath been ftridly adhered to
and regarded.
With refpedb to its ftyle, the critics, in that
branch of hterature, are at full liberty to condemn
at their plcafure. The main ufc of language is to
exprefs our ideas. To write in the gay, pleafing,
pomp of didlion, is above my capacity. If any
are difpofed to blame me for beins too verbofe,
let it be remembered that this is the indefcalible
right of my profeffion, founded upon immemorial
prcfcription. Perfpicuity is all I have endeavoured
to maintain, nor am I at leifure to ftudy any high-
er atrainments in language. The errors of the
prcfs will doubtlefs be many, but for thefc I (hall
hardly be thought accountable, as my remote dif-
tance deprives me of all opportunities of examining
the proofs.
New-Torkj
Jun 15, 1756,
THE
THE HISTORY OF
N E W- Y b R K,
PART I.
From tbi Vifcoviry of tin Colony to the Surrender
in 1664.
CHriftophcr Columbus, a Genoefe, employed
by Ferdinand and Ifabel, king and queen of
Caftile, was the firft difcovercr of America.* He
failed frdm St. Lucar in Auguft 1492, and made
fight IfSFdtie of the Bahama iOands, on the eleventh
of OftdK^' following. Newfbuncfland, and the
main continent, were difcovered five years after, by
Sebaftian Gabato, a Venetian, in the fcrvice of
Henry VII. of England, from the 38th to the 68tl)i
degree of north latitude.
' un the tenth of April i6q6, king James I. for
planting two colonies, p^flbdf'the great North and
South Virginia patent. To Sir Thomas Gates and
others, leave was given tp begin a plantation at any
place on the contment, they fhou}d think convcr
nient, between the j4th and 41 ft degrees of lati-
tude : and all the lands extending 50 miles, on each
I fide, along the coaft, 100 miles into the country,
and all thp illands within 100 miles, oppofite to
[their plantations, were granted in fee, to be called,
i the firft colony. By the fame patent, a like quan?^
[tity was granted to Thomas Henham, Efq. and
^ Some autho(;9 alledge, that Columbus firft oflfered his fer-
rices to the republic of Genoa ; then to John I^. of Ponu^al,
ii^d afterwards to our King Henry VII ; but this difagrees With
Lx>rd Bacon's account, wno informs us, that Chriftophei^Co?*
I lumbus failed before his brother Bartholomew bad laidthe pro-?
j^ before the king, wbicb was ofving 19 his falliiig into the
bands of pirates on his way to England*
8 others,
1*
■^'! ■
i THEHISTORYOF
Others, for a plantation between 38 and 45 degrees
of latitude, under fhc name of the fccond cofony.
The firft began a fcttlement in the great bay (Chea-
fapcak) in 1607. The latter was plan^tcd at J^ly-
mouth in New England in 1620.
long Wand and Henry Hudfon, an Englilhman, according to o\ir
M«redbyHtn>Uthors, in the year 1608,* uridfer a commiflion
ty Hudfon, in from the king his mafter, difcovered Long Illand,
»6o«f New-York, and the river which ftill bears his
name y and afterwards fold the country, or rather
his right, to the Dutch. Their writers contend,
that liudfon was fent out by rf^e Eaft-India com-
pany in 1609, to difcover a north- weft paffage to
China j and that having firft difcovered Pelawarc
Bay, he capie hither, and penetrated up Hudfon^s
Hiver^ as far north as the latitude of forty-three de-
grees. It is faid, however, that there wgs a fale,
jjr and that the Englilh objeifted to it, though they for
fome time neglected to oppofe the Dutch fettlemenc
of the country.
^offeffionoS In,i6|o, Hudfon failed again from Holland to
founri7?n"i6'i4* this t country, called by the Dutch, New-Ncther-
MJdcajiitNew.ijin^j . an^j fQ^^ years after, the States General
MctheilaHd. *, 'ri i f>
granted a patent to fundry merchants, for an ex-
(clufive trade on the North River, who in 1614 built
a fort, on the weft fide, near Albany, which was firft
commandec' by Henry Chriftiaens. Captain Argal
was fent out by Sir Thomas Dale, governor of
Virginia, in the fame year, to difpoffefs the French
of the two towns of Port-Royal, and St. Croix, ly-
ing on each fide of the Bay of Fundy in Acadia, then
claimed as part of Virginia.f In his return, he vi-
fited the Dutch on Hi5lfon*s River, who being un-
able to refi(l: him, prudently fubmitted for the pre-
* Charlevoix, a French Jeruit, author of the general hiftory
of New France, thinks this difcovery was in 1609, vol. 1. 12®
edition,- p. 221. but Stith, Douglais, Oldmixon, and other
Englifti writers agree, that Hudfoii's firft voyage was in the
preceding year.
1 fent
N E W . y O R K. ^
ient to the Kin^ of £ng]and, and under him to the
Govenor of Virginia. ^The very next year, they
erected a fort on the fouth-wefl: point of the ifland
Manhattans, and two others in 16^3 : one called
Good-Hope, on Connecticut River, and the other
Naflau, pn the Eaft fide of Delaware Bay. ^ The
author of the account of New-Netherland J aflcrts,
that the Dutch purchafed the lands on both fides of
that river in 1632, before the Englflh were fettled
in thofe parts ; and that they difcovered a little frefla
river^ farther to the eaft, called Varfche Riviertie, to
diftinguifii it from Connefticut River, knowq among
them, by the Name of Varfche Rivier, which Vaij-
derdonk alfo claims for the Dutch.
Determined upon the fettlement of a colony, theYf""J"T»"
States General made a grant of the country, in 1 62 1, pil^L^'oT * *
to the Weft-India company. Woutcjr Vas Twil-j^^**%JJ"-
ler, arrived at Fort- Amftcrdam, now New- York, *" ** ***
and took upon himfclf the government in June
1629. His ftyle, in the patents granted by him,
was thus, " We director and council, refiding in
♦* New-Netherland on the ifland Manhattans, under
" the 20/ernment of their High Mightineflfes, the
" Lords States General of the united Netherlands,
** and the privileged Weft- India Company.'* In
his time the New-England planters, extended their
poftefllons weftward as far as Conncfticut River,
f Charlevoix places this tranfadioa in 161 5. rol, I. Hift.
of N. France in i a", p. 210. But Stith, whom I follow, bc^
ing a clergj'man in Virginia, had greater advantages of know-
r ing the truth than the French jefuit.
t The pamphlet is entitled, ** Befchryving van Virginia,
»♦ Neiuw Nederland," &c. and was printed at Amfterdam in
b65i. It contains two defcriptions uf the Dutch poflelfions.
The firft is a copy of that publiflied by John de Laet at Ley-
len. The fecond gives a view of ttiis country feveral years af-
|ter, in 1649. A Ihort reprefentation of the country of the
jMahakuaie lodians, written in 1644, by John Megapolenfis,
I jui:< a Dutch minifter refiding here is annexed to that part of
I the j>amphlet CQncerniog New-Netherland.
B z Jacob
«
4 THEHISTORYOF
Jacob Van Curlet, the commiffary there, proteft«d
againft it, and in the fecond year of the fucceeding
adminiftration, under
William Kieft,* who appears firft in 1638, a
wiiHim Kieft prohibition was iffued, forbiddirig the Englifh
i'efsr""'" ****^^ ^^ ^°" ^^^ Hope, arjd fhortly after, on
coniplaint of the infolence of the Englifti, in or-
der of council was made for fending more forces
there, to maintain the Dutch territories. Dr. Ma-
ther confefles, that the New-England men firft
formed their defign of fettling Connedlicut river in
1635, before which time they efteemed that river
at leaCt 109 miles from any Englifli fettkment;
and that they firft featcd themfelves there in 1636,
at Hartford, near Foh Good- Hope, at Weathers-
ifieid, Windfpr, and Springfield. Four yiaf-s' af-
ter, they f(rized the Dutch garrifon, and drove
them from the banks of the river, having firft fet-
tled New-Haven in 1638, regardlefsof Kiefts pro-
teft againft it.
. The extent ' of New-Netherland was to Dda-
ofthe extent of ware, then Called South Rivcr, and beyond it; for
r find, in the Dutch records, a copy bf a lett^
from William Kieft, May 6, 163?; dfreded to
Peter Minuit,f who feems, by the ten6r of it, tb
be the SwedilH governor of New-SWcderii^flTertihg,
" that the whole fouth river of NeW-Ndherbhd,
** had been in theDutch pofleflion many ydars atove
♦* and below, belet with forts, and fealed ivith their
,V:'-^r>'^v'i« blood.''
* We have no books amdng our Dutch records remaining in
the Secretary's office, relating to State matters, betore KietVs
..time, nor any enrolfl:ient3 of patents till a year after Van!
. Twiller arrived here. Mr. Jacob Goelet fuppUeff vii with k'-
. Tcral exirafts from the Dutch records. . ' ', ^ '''
f The aijonymous Dutch author of the Defcripti^iVofNtiW- 1
; Nethei-lar^d , in-i i^^W, calls him Minnewits ; and ad^i', <^lAt in j
16313 he arrived ^t Delaware with two veflels, pretenUiH^that
he touched for refrefhment in his way to the Weft-Indfei ?*but
that he foon threw off the difguife, by employing hi« imsn in
CP^^lng a fort. The fame hiftorian informs us of the nAlfder I
ofl
Nevv-Ncthcr
land.
K E w - Y R k:.
** blood." "Which Kieft adds. Las happened even
during your adminiftration " in Ncw-Netherland,
" and fo well known to you." . ^
The Dutch writers are not agreed in the extent
of Nova Belgia or New-Netherland •, fome defcribe
it to be from Virginia to Canada ; and others in-'
forn) us, that the arms of the States General were
erected at Cape Cod, Connedicut, and Hudfon's
river, and on the weft fide of the entrance into De-
laware Bay. The author of the pamphlet Aien-
tioned in the notes, gives Canada river for a boun-
dary on the north, and calls the country, north-weft
from Albany, Terra Incognita. ^
In 1640, the Englifli, who hid overfpread the
caftern part of Long Ifland, advanced to Oyfterbay.
iKieft broke up their fettlement in 1642, and fitted
out two floops to drive theEnglifh out of SchUyl-
'kill, of which the Marylanders had. lately pofleflfed
themfelvesi The inftrudioris, dated May 22, to
Jan Janlcn Alpendam, who commanded in that
cnterprife, are upon record, and ftrongly aflfert the
right of the Dutch, both to the foil and trade there.
The Englifh from the caftward ftlortly after fent
deputies to New-Amfterdam, for the accomodation
of their dilputes about limits, to whom the Dutch
[Offered the following conditions, entered in their
[books cxadly in theie words .
** Conditiones a D. direftore gen. fenatuys Novi
" Belgii, dominis weytingh atque hill, delegatis
*' a nobili fenatu Hartfordienfi, oblatas :
" Pro agro noftro Hartfordienfi, annuo perfolv^nt
prsepotentifiT. D D. ordinibus feed, provinciarum
^f feveral Dutchmen, at South River, by the Indians, occa-
>ned by a quarrel concerning the taking away the States'
Lrni8, which the former had erected at the iirft difcorery of
Ihat country ; in refenting which, an Indian had been killed.
If Kieft's letter aUudes to this affair, then Minuit preceded
Van Twiller in the chief command here ; and being, perhaps,
[cUlbbliged by the Dutch) entered into the fervice ofthe Queen
[of^cd^n,
*' Bel-
<(
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u
TrtE HISTORY OF
Belgicarum aut eorum vicariis, decimam partem
Reventus agrorum turn aratro, turn ligone, aliove
cultorum medio ; pomariis, hortifq*, oleribus di-
catis, jugerum HoUandium non excedentibus ex-
ceptis } aut decimarum loco, pretium nobilipo-
ftea conflituendum, tarn diu quam diu pofleflbres
cjufdem agri futuri erunt. Adtum in arce Am-
ftelodatnenfi in Novo Belgio die Julii 9, anno
Chriftii642."
We have no account that the Engliih acceded to
thefe propofalsy nor is it probable, confidering their
fuperior urength, that they ever did : on the con-
trary, they daily extended their pofleffions, and in
1643 the colonies of Maffacbufet*s Bay, Plymouth,
Connecticut, and New-Haven, entered into a league
both againft the Dutch and Indians, and grew fo
power^l as to meet fbortly after, upon a deHgn of
extirpating the former. The MaiTachufet's Bay
declined this enterprife, which occafioned a letter
to Oliver Cromwell from William Hooke, dated
at New-Haven, November 3, 1653, in which he
complains of the Dutch,, for fupplying the natives
with ^rms and ammunition, begs his aSftance with
two or three frigates, and that letters might be fent
to the eadern colonies, commanding them to join in
an expedition againft the Dutch colony. Oliver's af-
fairs would not admit of fo diltant an attempt,^ but
Richard
* The war between him and the dates, w^iich began in July
.1652, was concluded by a peace on the fifth of April 1654.
llie treaty makes no particular mention of this country. If
any part of it can be confidered as relating to the American
jpofleuions, it is to be found in the two firft articles, which are
m thefe words : ** Imprimis, It is agreed and concluded, that,
** from this day forwards, there be a true, firm, and inviolable
** peace, a fincere, intimate and cl(^e frien^ip, affinity, con-
** federacy, and union, betwixt the republic of £iigfaind and the
** States General of the United Provioccs of the Netherlands,
^ and the buidi, cottotnet, citiei, and towtUf u«der the domi*
^ E ^V . ,1r 6 R Ki t
Kichaid Cromwell afterwards drew up inftrufHbns
to Ins commanders for fubduiig the Dutch here,
and wrote letters to the Englifh American govern-
ments for their aid ; copies of which are preferved
in Thurloe*s coUedtionj vol. I. p. 721, &c.
Peter Stuyvefarit was the laft Dutch governor, PeterStuyyef«t
and though he had a commiffion in 1646, he didl^jJ'^C
not begin his adminftration till May 27, 1647. TheN«heriand, by
inroads and claims upon his government, kept him ^jg^e!'"*'^^' "^
conftantly employed. New-England on the caft,
and Maryland on the weft, alarmed his fears by their
daily increafe ; and about the lame time Captain
Forrefter, a Scotchman, claimed Long Ifland for
I the dowager of Stirling. The Swedes too were per-. ,
Ipetually incroaching upon Delaware. Through the s
[unlkilfulnefs of the mate, one Defwyk, a Swedifh
[captain and fupcr-cargo arrived in Raritan River*
[The (hip was fetzed, and himfelf mad-^ prifoner at
New- Amfterdam. • Stuyvefant*s rcafons were thefe.
In 1651, the Dutch built fort CaGmir, now called
fNewcaftle on Delaware. The Swedes, indeed,
I claimed the, country, and Printz their governor
^rmally protefted againft the works. RiHngh, his
fucceflbr, under the difguife of friend^iip, came be-
fore the fortrefs, fired two falutes, and landed thirty
men, who were entertained by the commandant as
friends ; but he had no fooner difcovered the wealc-
jnefs of thegarrifon, than he made himfelf mafter of
|it, ieizii^ afifo upon all the ammunition, houfes, and
)ther efrcfts of the Weft-India company, and com-
piling ieveral of the people to fwear allegiance to
nioQS of each, without diflm£tion of places, together mth
theii; people and inhabiuats of wbatfoever de^pxe.**
11. ** That hereafter all eiunity, hoftility, difcord, and con-
tention, betwixt the faid republicst and their people and
fobje^ (hall qeafis,. and both parties ihall henceiorwards
'* aUlun from thecommiiifig all manner of mifchief, plunder,
'** and injuries, by land, by f^, and on the freih waters, in,
<* all their lauds, CQuntriet|donuwioiu^ places^and £OTemment»
" whatfeenr/*
Chri-
T HE H IS TOR Y OF
ChrHlina qu€cn of SweH*Ti. The Dutch in 165$*
prepared to retake fort Cafimir. Stuyvefant com-
manded the forces in perfon, and arrived with them
in Delaware the 9th of September. A few days af-
ter, he anchored before the ^arrifon, and landed his
troops. Thefortrefs v^as inraicdiately demanded
as Dutch property : Suen Scutz, the commandant^
defired leave to confult Rifingh, which beinp^e-
fufcd, he furrendcred the 16th of September oh ar-
ticles of capitulation. The whole ftrength of the
place confided of four cannon fourteen pounders,
five fwivels, and a parcel of fmall arms, which wer§
all delivered to the conquered. Fort Chriftina.was
commanded by Rifingh. Stuyvefant came before
it, and Rifingh furrendered it upon terms the 25th
of September. The country being thus fubdued,
the Dutch governor ifiued a proclamation, in fa-
vour of fuch of the inhabitants, as would fubmit to
the new government, and about thirty Swedes
fwore " fidelity and obedience to the States Gene-
" ral, the lords diredtors of the Weft- India com-
** pany, their fubalterns of the province of New-
*' Nerherland, and the direftor general then, or
*' thereafter eftablifhed." Rifingh and one Elfwych,
a trader of note, were ordered to France, or Eng-
land, and-^the reft of the Swedifh inhabitants to
Holland, and from thence to Gottenberg. The
Swedes being -thus extirpated, the Dutch became
poflefled of the weft fide of Delaware Bay, now
called The three lower Countries.
This country was afterwards under the command
lieutenant-governors, fubjed to the controul of,
and commiflioned by the direftor general at New-
Amfterdam. Johan Paul Jaquet was the firft vicc-
dire<5tor, or lieutenant-governor, of South Riven
His fucceflbrs were Alricks, HinojofTa, and Wil-
liam Beekman. The poftcrity of the lift remains
among us to this day. Thcfe lieutenants had po-
wer to grant lands, and their patents make a pare
: of
<c
((
ft
N E tri:f;*0 R K.
of the ancient titles ^3|||^^dent pofieiTofs. AI-
li'of April, 1657, fhews
fih on the weft fide of
'was appointed *' Di-
rick's commiflion,
the extent of tlic DMI^i
Delaware at that isam^. I _
" reftor general of twcolbny of the Soiith River
«• of New-Netherland, and the foftrefs of Cafimir,
" now called Niewer Amftel, with all the lands
'* depending thereon, according to the firft pur-
" chafe and deed of releafe of the natives, dated
July 19, 1651, beginning at the weft fide of the
Minquaa, or Chriftina Kill, in the Indian Ian*
fuage named Sufpecough, to the mouth of the
ay, or river, called Bompt-Hook, in the Indian
<' language Cannarefie ; and fo far inland as the
<' bounds and limits of the Minquaas land, with
•' all the ftreams, &c. appurtenances and depen-
" dencies." Of the country northward of the Kill,
no mention is made. Orders in 1658 were given
to William Beekman to purchafe Cape Hinlopen
from the natives, and to fettle and fortify it, which,
for want of goods was not done till the fuccceding
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 commif-
fiOner from Fendal, Lord Baltimore's governor,
arrived at Niewer Amftel from Maryland. The
country was ordered to be evacuated. Lord Balti-
miore claiming all the land, between 38 and 40 de-
grees of latitude, from Tea to fea. Beekman and
his council demanded evidence of his lordfhip's
right, atid offered to prove the States General's
grant to the Weft- India company, theirs to them,
payment for the'land and pofteflion ; and upon the
whole propofedto refer the controverfy to the re-
publics of England and Holland, praying at the
fame time, three weeks to confult^tuyvefant, the
general. The commilfioher, notwimftanding, a fe^
days after, warned him^to .^w off^ beyond the la-
titude
.10
tut HlSTOllV 6t
titude of 40 degrees : but Beekman difregafded the
threat. Colona Utie thereupon returned to Mary-
land, and an immediate invafion was expeAcd.
Early in the fpring of the year 1660, Nicholas
Valeth, and Brian Newton, were difpatched from
Fort Amfterdam to Virginia, in quality of ambafTa-
dors, with full power to open a trade, and conclude
a league, offenuve and defenfive againft the barba-
rians. William Berckly, the governor, gave them
a kind reception, and approved their propofal of
■peace and commerce, whicn Sir Henry Moody was
fent here to agree upon and perfedfc. Four articles,
to that purpofe. were drawn up, and fent to the
governor for confirmation. Stuyvefant artfully
endeavoured, at this treaty, to procure an acknow-
Jedgment of the Dutch title to the country, which
Berckly as carefully avoided. This was his an*
fwer,
« Sir,
*• I have received the letter, you were pleafed to
fend me, by Mr. Mills his yelTel, and fhall be
ever ready to comply with you, in all afts of
neighbourly fiiendmip and amity. But truly. Sir,
you delire.me to do that, concerning your titles
'' and claims to land, in this northern part of Ame-
'* rica, which I am in no capacity to do*, for I am
but a fcrvant of the aflembty's : neither do they
arn.^ateany power to themfelves, farther than the
miferable diftradions of England force them to.
For when God Ihall be pleafed in his mercy, to
take away and difllpate the unnatural divifions of
their native country, they will immediately re-
turn to their own profefied obedience. What
then they ihould do m matters of contrafb, dona-
tion^ or confefHon of right, would have litde
ftrength or lignification j much more prefump-
tive and impertinent, would it be in me co do it,
*' without their knowledge or a0ent. We ^all
' very fhortly meet again, and then, if to them you
» !! fignify
«<
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"vtm^"
N E W - Y O R K.
[« (Ignify your defirest I (hall labour all I can, to
get you a fatifa^oiry imfwer.
.« tr ' -^ •< Jam, Sir,
«^«,5-::i6a. -Your humble fcrvant,
* "William Berckly."
Governor Stuyvcfant was a faithful fervant of
[the Weft-India company : this is abundantly proved
Iby his lettets to them, exciting their care of the co-
[lony. In one, dated April 20, i66o, which is very
[long and pathetic, reprefenting the defperate fitua-
Ition of affairs on both fides of the New-Netherland,
le writes, '^ Your honouts imagine, that the trou-
bles in England will prevent any attempt on thefe
parts : alas ! they arc ten to one in number to
\* us, and are able, without any alTiftance, to de-
prive us of the country when they pleafe." On
|he 25th of June, the fame year, he informs them,
that the demands, encroachments, and ufurpa-
tions of the Englifh, give the people here great
concern. The right to both rivers, fays he, by
purchafe and pofleflfion is our own, without dif-
pute. We apprehend, that they, our more po-
werful neighbours, lay their claims under a royal
patent, which we arp unable hitherto to do in
your name."* Colonel Utie being unfuccefsful
le laft year, in his embafly for the evacuation of
Jhc Dutch poffeflions on Delaware, Lord Baltimore
autumn 1660, applied by Captain Neal, his agenc
the Weft-India company, in Holland, for an or*
* If wefhouldargye from this letter, that the Weftr India
)ropany had no grants of the New-Netherlands, from the
kates General, as ibme fuppofe, we difcredit De Laet*s hiftory,
licated tor the ^ates in 1624, as well as all the Dutch wri-
^, and even Stuyrefant himfelf, who in his letter to Richard
rkoll&» at the furxender, aflerts, that they had a grant, and
lewed it under feal to the Englifh deputies. But the genuine
onftniftion of the Dutch governor's tetter, is this, that in
1660, he had not the patent to the Weft-It^a company,, to
lay before the Englifti m America, who ^fputed the Dutck
ight to tlus country.
der
It
ts
mt HISTORY OF
der on the inhabitants of South River to fubmit to
his authority, which they abfolutely rcfufcd, aflfert-
ing their right to that part of the polony.
The Enelilh, from New-England, were every
day incroaching upon the Dutch. 1 he following
letter, from Stuyvefant to the Weft-India company,
dated July 21, 1661, ftiews the ftate of the colony
at that time, on both fides. *' Wc have hot yet
*' begun the fort on Long Ifland, near Oyfterb^,
*' becaufe our neighbours lay the boundaries a mile
*' and a half more wcfterly, than we do, and the
** more as your honours, by your advice of De-
** cember 24, are not inclined to (land by the
*' treaty of Hartford, and propofe to fue for re-
*' drefs on Long Ifland and the Frefli Water RiVer,
•* by means of the States ambaflador. Lord Ster-
ling is faid to follicit a confirmation of his Hght
to all Long Ifland, and importunes the prercnt
King, to confirm the grant made by his royal fa-
** ther, which is affirmed to be already obtained.
** But more probable, and material, is the advice
*' from Mar}'land, that Lord Baltimore's patent,
*' which contains the fouth part of South River, is
••confirmed by the King, and publiflied in print :
•' that Lord Baltimore's natural brother, wlio is a
•' rigid papift, being made governor there, his te-
*' ceived Lord Baltimore's claim, and proteft to
•• your honours in council, (wherewith he feems
•' but little fatisfied) and has now more hopes of
" fuccefs. We have advice from England, that
•' there is an invafion intended againft thefe parts,
*' and the country folicited of the King, the Duke,
•• and the Parliament, is to be annexed to theifdo-
•' minions*, and for that purpofe, they defire 'three
or four frigates, perfuading the King, that the
company poflefied and held this country under
an unlawful title, having only obtained of King
James leave for a watering place on Staten Ifland,
*« in 1623.'*
In
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N E W - Y O R K. f|
In Auguft 1663, a (hip arrived from Holland
I at South River, with new planters, ammunition^
and implements of hulbandry. Lord Baltimore's
landed a little after, and was entertained by Beek-
(man at Niewer Amftel. This was Charles, the
Ton of Cecilius, who in 1661, had procured a
giant and confirniation of the patent, paffcd in fa-
vour of his father in 1 632. The papiltical princi-
ples of the Baltimore family, the charge of colonir
zing, the parliamentary war with Charles I. and
Oliver's ufurpation, all confpired to impede the fet-
jtlement of Maryland, till the year 166 1. And
thefe conflderations account for theextenfion of the
[Dutch limits, on the w«ft fide of Delaware Bay.
While the Dutch were contending with their
European neighbours, they had the art always to
maintain a friendlhip with the natives, until the
ar which broke out this year with the Indians
[at Efopus, now Ulfter county. It continued,
however, but a ftiort-feafon. The Five Nations
never gave them any difturbance, which was ow-
ing to their continual wars with the French, who
fettled at Canada in 1603. I have before ob-
ferved, that Oliver Cromwell was applied to, for
I his aid in the redudion of this country, and that
his fpn Richard took fome fteps towards accom-
plifhing the fcheme ; the work was however referv-
edibr the reign of Charles II. an indolent prince,
land entirely given up to pleafure, who was driven
[to it, more perhaps by the differences then fubfift-
iing between England and Holland, than by any
imotivje that might refleft honour upon his prudence,
^(ftivity, and public-fpirit. Before this expedition, ^'"e^J"*""*
the King granted a patent on the 12th of March, frJ"to hh"""!
[664, to his brother, the Duke of York and Al-*Jj.yjJ<:^^^'g''«
)any, for fundry trafts of land in America, the" ' " *"** *'
'boundaries of which, becaufe they have given rife
to important and animated debates, it may not be
improper to tranfcribe.
" All
14 THEHISTORYOF
** All that part of the main land of New-£ng*
** land, beginning at a certain place, called or known
** by the name of St. Croix, next adjoining to
** New-Scotland in America, and from thence ex-
** tendins^ along the lea-coaft, unto a certain place
" called Pcmaquie, or Pemcauid, and fo up the ri-
" ver thereof, to the furtheft head of the fame, as
" it ttndeth northward J and extending from thence
** to the River of Kimbequin, and fo upwards, by
•* the (horteft courfe, to the River Canada north-
** ward : and alfo all that idand, or illands, com-
monly called by the feveral name or names of
Meitowacks, or Long Idand, fituate and beins
towards the weft of Cape Cod, and the narrbw Hi-
ganletts, abutting upon the main land, betwcea
the two rivers, there called or known by the^v^-
** ral names of Conncdlicut and Hudfon's river, to-
" gether alio with the faid river, called Hudfon's
•* River, and all the land from the weft fide of
** Connecticut River, to the eaft fide of Delaware
** Bay, and alfo, all thofe feveral iflands, called or
** known by the names of Martin's Vineyard, or
" Nantuck's, otherwife Nantucket : together, &c.'*
Part of this tradt was conveyed by the Duke to
Jhu?oaJr"," ?o John Lord Ber|tley, Baron of Stratton, and Sir
Lord Berkley,* George Carterc^ of Saltnim in Devon, who were
ie»rt,"iTjune,then mcmbcrs of the King's council. The leafe
1664. was for the confideration of ten Shillings, and dated
the 23d of June, 1664. The releale, dated die
next day, mentions no particular fum of
a confideration for the grant of the lafKifi^
have the following defcription. **^*a;*
" All that traft of land, adjacent to New-Eng^
" land, and lying and being to the weftward of
" Long IQand, and bounded on the eaft part by
" the main fea, and partly by Hudfon's River 5
" and hath upon the weft, Delaware Bay, or Ri-
ver, and extendeth fouthward, to the main ocean
as far as Cape May, at the mouth of Delaware
*' Bayi
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r known
ining to
rncc cx-
lin place
) the ri-
fame, as
n thence
irds, by
I north-
s, com-
amcs of
d being
rt)wHi-
bctw<!ea
:he^v<f-
ivcr, to-
[udfon's
fide of
lelaware
ailed or
ard, or
, &c."
)uke to
ind Sir
were
leafe
d dated
ted the
LS
«r-Eng-
ard of
art by
River 5
)r Ri-
ocean
iaware
Bay^
<C
N E W - Y 0,R K. tg
Bay : and to the northward, as far as the norther-
moft branch of the faid Bay or K iver of Delaware,
which is forty-one degrees and forty minutes of
latitude & which faid tra<^t of land is hereafter to
be called by the name or names of Nova Csfa-
rea, or New Jerfey."
Thus the New-Netherlands becamerflivlded into
New Jerfey, (fo called after the ifle of Jerfcy, in
compliment to Sir Georoe Cartaret, whofe family
came from thence j) and New- York, which took
its name infaonoirr'of the Duke of York.
The Dutch Inhabitants, b^ the vigilance of their Aneipedit'mof
governor, were not unapprifed of the defigns of *'j",^f Jf'^*^^^
the Englifli court againit them, for their records miflian under
teftify, that on the 8th of July, « The general re- ['^.S^L J"':
•* ceived intelligence^ from one Thomas Willct, an *'"« "f New-
** Snglilhman, that an expedition was preparing injiVy^^ig'^* '*
England againft this place, conlifting of two
frigates of 40 and 50 guns, and a fly boat of 40
?[uns, having on board 300 foldiers, and each
rigate 1 50 men, and that they then lay at Portf-
mouth, waiting for a wind." News arrived alfo
from Bofton, that they had already fet fail. The
burgomafters were thereupon called into council.
The fortrefs ordered to be put into a pofture of de«
fence, and fpies fent to Milford and Weft-Cheftcr .
for intelligence. Boflon was in the fccret of the
expedition •, for the general court had in May pre-
ceding, paiTed avotc for a fupply of provifions, to-
wards refrelhirig the fhips on their arrival. They
were four ip number, and refolved to rendezvous at
Gardencf^s Ifland iirthe Sound, but parted in a fog
about the jipth # July. Richard NicoUs and Sir *Thatistheper.
George Carteret, two of the commiffioners,* were by^Jh'"*^*'""*'
C(
C(
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comtnil-
on board the Guyny, and fell in firft with Capefi"" under tht
Cod. The winds having blown from the fouth-weft Eng!a„d"ouke
the other fliips, with Sir Robert Car, and Mr. Ma- poffcffionof the
.. ,*^'.. .._, •!! country and re«
vcnick, the remaining commimoners, were rightly duce it to the
concluded to be driven to the caftward. After K'"e'« «*»«-
..^ dience. Seethe
Oil- note inpMge 25*
I<
THE HISTORY OF
difpatching a letter to Mr. Winthrop, the govern
^ nor of Connefticut, requefting his afliftancc, Col-
lonel Nicolls, proceeded to Nantafket, and thence
to Bofton. The other ihips got into Pifcataway.
John Endicot, a very old man, was then governor
of Bofton, and incapable of buiinefs. The com-
roiffioners, therefore, had a conference with the
council, and earneftjy implored the affiftance of
that colony. Colonel Nicolls and Sir George Car-
teret, in their letter from Bofton, to Sir H. Bennet,
fecretary of ftate, complain much of the backward-
nefs of that province. The reafons urged in their
cxcufe, were poverty and the feafon, it being the
time of harveft -, but perhaps difafFedlion to the
Stewart family, whofe perfecuting fury had driven
them from their native country, was the truefpring
of their conduft. The King's fuccefs in the re-
duftion of the Dutch, evidently opened him a door,
to come at his enemies in New-England, who were
far from being fewj* and whether this confidera-
tion might npt have given rife to the project itfelf,
I leave to the conjeflures of others.
On the 27th of July, Nicolls and. Carteret made
ia formal requeft in writing. " That the eovern-
" ment of Bofton would pafs an aft to fornim them
•* with armed men, who fhould begin their march
to the Manhattans, on the 20th of Auguftenfu-
ing, and promifed, that if they could get other sS-
" fiftance, they would give them an account j>f it."
The governor and council anfwcred, that they
* T. Dixwel, efq. one of Charles I's judges, and excepted
out of the general pardon, lived many years at New-Haven
(incog.) in quality of a country merchant : Sir Edmund An-
doofs, in one of his tours through the colony of Connefticut,
faw him there at church, and ftrongly fufpe^^ed him to be one
of the regicides. In his lafl illnefs, he revealed himfelf to the
minider of the town, and ordered a fmall ftpne to be fet at the
head of hio grave, which I have often feen there, infcribed,
T. D. Efq. While at New-Haven, he went under the name
of John Davis.
yrouW
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44
44
44
44
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f
44
44
C4
c goveN
cc, Col-
l thence
cataway.
governor
he com-
vith the
tance of
rge Car-
, Bennet,
ickward-
l in their
►eing the
n to the
id driven
uefpring
n the re-
n a door,
who were
:onfidera-
eft itfelf,
:rct made
i Bovern-
lim them
ir march
ruft enfu-
. other af-
ntyfit."
hat they
d excepted
ew-Haven
mund An-
onne£ticut,
1 to be one
iifelf to the
fet at the
infcribed,
r the name
vyould
If E W -t OR K. ■ ' ii
. .. ■ ,, •' ■ ■ • '"J , "I.
^6\\\d ^flembl^ the i^eneral court, and cOmmunr'^
cate the proppfal to tneiti^ - -
Frompofton, a fecond lettpr.was written to Go-
vcrnour, Winthrop in Gonne<5licut, dated the 29tH
of July;, in ^yhich he #as informed, that the ptj^er
Ihips.werit then arrivedi and yi^puld iail with the,
firft fair wind* and he vi^as delired to meet the^ at
the weft ^nd of Long Ifland. _ ■>■ , :..' '
One pf the ^ips entered the bay of the North
Riveri federal days before the reft ; and as fobn as
they were all come up^ Stoy vefaiit fent a letter dated
II of Ailguft, at Foift AnilJi direfted to the com-
manders of ,the,Engli(h frigates^ by John Declyer^ .
• one of techief council, thfe Reverend JoKn Mega-^
polenfis p?itiiftefi Paul Lunder Vander Grilft ma*
jor, and Mr* $amuel Megapolenfis^ doftor in phy-^
|ic, .with the utmoft civility, to defire the reafon of
their apprdath, and contihuipg in tl^e harbour of
^aijarjij, without giving notice to the iD,utch, which
(he writes) they Ought to have done. '
. Colonel, NicoUs ^rifwercd-the next d^y with a
jTummohs; , >
*' To the Honourable the Goviernors, arid Chief
*:' , CJpuncil at the Marihattans;
" Right Worthy Sirs, ,. : ;- . ^
" I received a letter by fome worthy perfonsSummpng to the
^i intruftedby you, bearing date »• of Auguft, de- Jrlt';:;;";
*' firihg to knov/the interit of the approach of the »»<* *«t8 to th^
« Englifh frigates • in return of which, I think i; ZT '*' ^''*"
fit to let you know, that his Maj^fty qf Great
Britrin; whofe right and title to thefe parts oi
America is tinqueftiohable, well knowings how
much it derogates from his crown and dignity^
" to fufFer any foreigners, how near foevef they be
** allied, to ufurp a dominion, and without hi3 Ma--
" jetty's royal corifent^ to inhabit in thdc; ,or any
f * other of bis Majefty's territories^ hath itonim^d-;.
!' ed me, in his name, to require a furrebder of all
«
-; 'V
ft
TrtEftiS^TOUYOP
** foch forts^ toWnlB, ct '^tict& of itreAgth^ which
** are now poflefled by chc Dutch, under your
** cotnrtiands •, "and hi his Majefty*s name^ I do de-
'* tnaiid d^etown^ fiEu^e on (he ifland, <:ommonIy
^< ki^cNvn by the name tff Manharoes, ttrithallthe
'* fotts thereunto belonging, to be reindeied unto
** his Majefty^ c^diewce itid protedlion, into «iy
** hands. 1 am further commanded to itflure you^
an^ every teCpeOAvt ilnhabitant of Ae i>utch ha-
tipn, that his Maje% being ttodit bf the efi^fioil
of dhriftife blood, dO!^ by thde j)refdM:s^ con*
firm and fecure to eveiy mito his eftaie, l^j and
libeny, who Hiall readily fubntrit to ms ^ov«rni
** tticrtt. And all thofe who (hall oppofe his Mft*
jefty*$ gracious inten*i6n, ittuft expd^ ail the »ii-»
ferites of a war Which #hey bring upon tlktfi'^vesj
** I fhall expeft ydUt anlwer by difefe gentlemen,
•• Gblonel Geofge Carteret, One of his Majefly*^
** tothrtiiflioners in America ; Ga^am Robert
" Needham, GaptrfiA Edwalxi Qrm6s, Sttid Mf^
** Thomas DelavaH, wfhdm you will eiiltelrtain with'
** fuch civility as is due to them^ and y^fttt^felves
^* iuid yours Ihall receive the fame, from*
<«l>atea on l>9ard hii Ma- ** Worthy Sirs,
« jefty'j ihip, the Guyny, «t Yt)tfi- vtff V hum^fe fervant
«« riding before Naych, th« "^""^ ^"X nuniDlC lervanty
« *4 of Aug. 1664. "RlGHARBNifcoLLS/*
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te. Stviyvefant promifed aifi anfwer to the fum^
jjhons %he next morning, and in the meah «ime cotr-^
vened the council and burgomaflers. The Dutch
remor was a good fddier, and had loH a leg \ti
feirvice of the &ates* He would wtUingly iia ve
ttitlik ^ defiznce : and I'efufed a fight of the fum-
molis, both to the icthabitants and btirgomafisrs'^
Jed the eafy terms offered^ might induce them to^
capitulatew The ktter, however, infifisd upon j|
copYi that they might communicate it to '€be late
-jnagkh^tes and principal Burghers. They called
l^^tr liie iflhabi«tnt» a6 the Stadt^hbofe, and 'ao>
(^uainted
«* *hj
*' th(
•^ w^
^ h\
'* tue
••the
which
r your
dode-
all the
d isnto
[itomy
reyou^
tch ha-
sffufioA
(fej and
lis Mtt*
the«ii-»
itletiienj
/lajefty*^
Robert
|Wd Mfi^
fervant^
fcolLs"
:he ium^
me cxjiT-
t Dutch
a kg iA
glyiiavt
hefum-
irtiaftcrsr^
them tbr
upon ^
<he late
sy called
,and ac-
(^uainted
N E W . Y O R iC. ; e4^
^uaiikigd them with the governor's refufal. Gcf-
Vemor WitithrOp, at the famfe time, wrote to the di-
teftiSf *and his council, ftrongly recommending a
iuprehder. Oft the 22d of Augufti ,the bxirgofna-
<^irs iiiime again into cckiiitiU ttnd d^dred ^know
^hc GoriBtticSof the l^nglifli mefl^ige from Governar
fWinlhr6p^> *<rhich ^toyv<^^ftt ftiii refiifal. ^ The^
IfcontJmlied ^h^t lmp?)irt«htty * and he, in a ftt of an -
gcv, tot^ it ito pieces t tipOn which, they protcfted
ifteafiftft the afti i«nd all itsi COnfequences. Deter*
ifiSned upon 4 dfe^itcfc of the coumrir, Stpyvefant
'Wrtstfe-'iiiiktei* in anf'^er td the Ibramons, which as it
is hiiftdi'lcBt of the Dtitch diiim, will doubcleft b^
iftcc^talH& to the reader. The following k id
<xadtr»rfcHiptof the retordi
■■ ^^•''■■ My ^ Lords; ' ., ^_ . : '.
'• YOurfirft letter^ tinfigiiedof the t? A'ugjuft:, Anfwcr of ti»
together ^wtth that of i^is-day; figned acG^^dine'^""'''^'*'*""***
to form; l)feitlg thfe firft of September, have been
ftftly /delivered itttootir h^ds by j;our d^uties;
urtto "^hich wt (hall (tsayi that the rights of his
Magefty of England; linto any part ot America
hi^rc^bttur, among the reft, unto the col<5nie3 of
Vtf^lttift^ Maryland, or others id New-feflgland,
^k<5thef difp^tableOr not, is that, which ifor thb
j^i^dl^ti We have no defigli to debate liporii But
t*hat his Maj fty hath an indilputalble rights to all
the fends itl tht north |)arts of Aitierica, is that;
wWch the Kirtgs of F^rance and Spaih i^lU disal-
low; as we abfokitcly doi by virtueof a cofertiiffion
given tia mfe, by my Lords, the HigB and Midity
StatesjQetiferali to be governor general^ 05l«erNew-
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Holland, the ifles of etwafcoaj Bohaire, AfiibaJ
<vi^ith^heir ^ppi^rtenancies and dependan^ies^ b^ar*
ing date the 26th of July, 1646; As kVCoby vir-
tufe of a grant and commiifion; given by thy faid
Lords, the High and Mighty Stetes General^ tcl
the Weft-Itidia company^ in the ye^r 1^21, witR
€ 2
a$
S9
THE HISTORY OF
t »
^ is much power and as authentic, as his faid Ma-
" jefty of England hath given, or can give, |o any
" colony in America^ ^ rt.ore fuUv ^peafs by
** the patent and commilTion of the faid hotd^
the States General, by them -figned^ regiftere^
and fealed with their great feal, which were ihcww
ed to your deputies Colonel .Gfeorge Carteret;
" Captain Robert Necdham, Captain Edward
Groves, and Mr. THoma? I5<jlava]l i by which
commiflion and patent^ tqgetheir (to deal frankly
with you) and by divers letters^ fignQd and > fealed
by our' faid Lords, the States General, dire<5ked to
feveral perfons, both Englilh and Dut^h*. inha^
biting the towns and villagies on Long Ifland,
(which without doubts have been produced be-
tore you, by thofe inhabitants) by which they
are declared and acknowledged to be their fub-
jefts, with ex)^refs command, that they <:ohtinue
faithful unto tjien^ under penalty , of incurring
their utmoft difpleafure, wnich makes it appear
more clear than the fun at noon-day/ that your
firft foundation, viz, (that the right and title of
his Majefty of Great Britainy to; thefe pAits, of
America is unqueftionable) is abfolutely to; be
denied. Moreover, it is without 4i|put% .and
acknowledged by the wQrld^ that our predecef^
fors, by virtue oi the commiflion and patent of
" the faid Lords, the States General, have without
controul and peaceably (the contrary never com*
ing to our knowledge) enjoyed Fort Orange^
about forty-eight or fifty years, the Manhattans;^
about fqrty-one or forty-two years, t|ie South
River, forty years, and the Frefli Water River
about thirty-fix years* Touching the fecond
fubjeft of your letter, viz. His Majefty hath
commandeqnie, in his name, to require a fur-
render of all fuch forts, towns, or places of
ftrength, which now are poiTefled by the Dutch^
widtT your command. , W« ihall anfwer, that
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it
N E W - Y O R K.
we are fo confident of the difcretion and equity
of his Majefty of Great Britain, that in cafe his
Majefty were informed of the truth, which is,
that the Dutch came not into thefe provinces by
any violence, but by virtue of cpmmilTions fron^
my Lords, ^he States Qenerafj fiift'of all in the
years 1614, 1615, and 16 16, up the North Ri^*
ver, near Fort Orange, where, to hinder the inr
vafi^ns and maflacres commonly committed by
the falvages, they bisilt a little fort, and after,
in the year 1622, andeyen to this prefent time,
by virtue of commiffioii and grant, to the gover-
nors of the Weft-India company ; and moreover,,
in the year 1 656, a grant to the honourable the;
burgpmafte^s of Amfterdam, of the South Ri-
iVej- i infpmuqh, that by virtue pf the abovefaicf
commiflions from the High and Mighty States
Genera], giyen to |:he pprfpns interefted as afore*
iaidj afid others, thefe provinces have teen go-
verned, and consequently enjoyed, as alfo in re-
gard pf their ^rft difcpvery, uninterrupted pof-
jefHons, and purchafe of the lands of the princes,
patiyes of the country, and other private perfons
(though geniiles) we make no doubt, that if his
faid Majefty of Great Britain were well informed of
thefe paftages^ he would be too judicious to grant
fuch an order, principally in a time when ther(^
is fo ftraight afriendfhip and confederacy, betweeq
our faid Lords and fuperiors, to trouble us in the
demanding and fummons of the places and fpr-
tfrcfleis, which were put into our hands, with or-
der to maintain ihem, in the name pf the faid
Lords, the States General, as w^ made appear
to your deputies, under the names and fcal of
the faid High an4 Mighty States General, date^
the 28th of Tulyj 1 646. Befides what had been
mcfitioned, tnefre is I'^tle probability, that his faid
IV^ajefty of Eriglpd*(m regard the articles of
peace arc printed, and were recommended to u^
C i ' « to
H
; » .v^
.■V'd ^t-tw^a\
ii
\j^
T HE H I ST O R y Q F
5? tp obfervc iferioufly and exa«ly, by a letter writ-
** ten, tp us by ovj? laid; Lords, the Statfei, General,
** and to cauje tj^etn tq be obfeped religioufly in
*f tfiis country) would give order totj'clving. fo d^-
** ^erpus a diij^, i>^^g alfo fo apparent, that none
^ otticr than my f^icj XfO^dsi the States General,
** have any right' to tifiefe provinces, ajid confe-
.'• quemj[y Qugkt to ppmniand and rfJ^jntain their
f fubje<3s, and in their abfence, we fh6 Governor
•' General arc obliged to maintain theijf fights, anq
,** to r?pet and take rcyenge of all ^hreatnings, un-
** juft attempts, or any force whatfoever. that fhall
f be commitit^d againft ^heir faitl^ful fuoje6ls and,
^*. inhabitant, it being a very confiderable thing,
f* to ^iffont fo mighty a ftate^ although it were ho^
" ^gainK an ally >hd confederate. Confequently^
<* if nis fajd Majeft^ (as it is fit) were well infornied
** of all that could b^ fppken upon this fijbjed, he
would not approve of what expr^lTic^ were mcn^
rioiied in your letter •, which are, that you arp com-
;** manded by his Majcfty, to demand in (lis name,
fuch places and fbrtrefTes as are iq poljeflion or
the putch under my government ; which, as i^
appears by my comii>ifli6n before-mentioned, was
given me by mv Lord^, the High and Mighty
States Generaj, And there is lefs ground in the,
ex;prefs demand of my government, fin^e all ^he
f' world knows, that about three years agone, fome
♦* Englifti frigates being on thp coaft of Afnca,
uppn a pretended commidTion, they did demianq
certain places linder the government 6f our faid
Lords, the States General, as Cape Vcfrt, Rjve^
pf Gambp, ^nd ajl other places in Guyriy to theni
belonging, Upon which, oiir faid Lords,* th^j
'*f States General, by virtue of the ^.it'clesof peace, |
** haying made appear the faid atienipt to his Ma-
f ' j efty of England, they received a ^ypurable an-
t* feft 1^5 f^4 Majefl;y difaillowiog:)^ ,fph ^6ts\
v;', ,':' ' ' ■ ■ . ' ■' ■■-...,. .. ■ Tfll
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**^ of hoftjlicyt ais might Hsive bcqn don?, and h^
*' fides, gaYeorder,tnat; r^ftitption fhoqld be made
*^ to tl^ Eaft-India compan]i(, of whatlbevcr had
'* been piUaged, in the faid River of Gambo ; and
*f' likewife r^i^ored theni to ^h^ir tr^vde, which make^
** us think it n^sC^ffary, that a more oxpreft order
** ihould appear unto us, a^ a fuifipient wair^nt for
" us, towards my Liord?, the High and Mighty
*^ States Genera], fince by virtue of our faid com^
** miiBon, we do, in thefc provinces, reprefent them^
^* as belonging to themv^nd not to. the King of
^' Great Britain, e:^cept h^^.f^id Majefty, upon bet*
" ter groiinds, make it ^ppear to our faid tx>rd8,
** the Spates Gener^, 9gainft which they may defend
^' themfelves as they fhall think fit. To conclude ;
'' w^cs^nnpt but declare unto you, though tlie go^
** vernws s^nd flonunflionprs of his M^efty have
** divert times (|u^rrelled with, us, about the bounds
f' of thi^juri^i^ion of tt;^Iiighand Mighty the
^' Stpi^s (^erai, in thcf^ parts, yet they never
*' qvie^iQned their iurifdi<5tion itielf } on the con^r
'' ^%ryi ip the y«ar i6^0j at Hartford, and the
^' l^ft y^ar £|( Bofton, they treated wii^h ^s lipon this
*' fubje^, which is a fu^ient proof, that his Ma^
•^ jefty hath neVcr been well informed of the
<* equity of our caufe, infomuch as we cannot imar
*< gine, in regard of the articles of peace, between
»' the ^rpwn pf England an^^ the States Qeheral^
♦' (un^er whom there are fp many fubje^s in Amoh
>* rica, ^ well as £uro{)e) that his f^id Marefty of
^^ Grfeat Britain would give a commiflion ;p niple^
•* and endama^ge the fupje^s of my f^^d tords, the
^^ 3ta^tes General, efpeciaUy fuch, as ever fince fifty,
*' fprty, and the lateft thirty-g^ years have quietly
" enjoyed their lands, countries, forts, and inheri-
.•' tances i and Icfs, that his fubje£lts would attempt
>f any 4Cts of hoftilky or violence lagainft them :
f^ s^h Qife thait you will aA by force of arm^
C 4 ** wc
%»
H'
T «t 1 H I S T O R Y O F
*f we proteft' and' declare, in the name bf our faid
'* Lords, the States General, before God and men
" that you will a£t an unjuft violence, and a breacK
•' of the articles of peace^ fo folemnly fworn, agreed
" upon, and ratified by his' Majeffy of England^
'•' and my LorSs/the States General, and the rather
^' for that toprevent the Iheddihg of blood, in the
f^ month of February laft, we treated with Captain
f* John Scott, (who repoi'ted he had a commiffion
*' from his faid Majefty) touching the limits of
*' Long Ifland, and concluded for the fpace of a
f' year j that ip the mean time, the bufihefs might
*' be treated on between the King of Gpcat Britain^
" and my |-.ords, the High and Mighty States Ge-
** neral : ' and again, at prefent, for the hinderance
f^ and prevention of all differences, and the fpilling
** of innocent blood, not only in thefe parts, but
** alfo in Europe, We offer unto7ou, a treaty by
our deputies, Mr. , Cornelius Van Ruyven, Se-
cretary and receiver of New-Holland; Cornelius
Steenwich, burgomafter, Mr. Samuel Megapolen-
fis do6bor of phyfic, ahd Mr* James Gouflcau,
*' heretofore fherifF. As tjsuching the threats in your
*' conclufion we have nothing to anfwer, only that
" we fear notfeing, laut what God, (who is as juft
*' as merciful) fliall lay upon us 5 all things being
*' in his gracious difpofal, and we may as well be
" preferVtd by him, with fmall forces, as by a
f * great ^rmy, ' which makes us to wifh you all
" happinVs and profperity„ and recommend yoii
f* to his proteftion.' My lords, your thrice
'* humble, and afFeftionate fcrvant and friend,
figned P. Stuyvefant. — ^At the Fort at Am^
fterdam, the fccond o!f September, New Stil^,
1664."
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While the Dutch Governor and council were coft^
tendingwirh the burgomailers ^d people in the qity,
- ^' the
N 5 W - Y O R ft.' .
the Engliih comtniilioners publilhed a proclama-
jcioti** in the country, encouraging the inhabitants to
fubmit, and promiling them the King*s prote^ioh,
and all the privileges of fubjedh •, and as loon a^
they difcoyered by Stuyvefant's letter, that he was
averfe to furrender, ofiicers were fent to beat up for
voluntiers in Middlebo.rough, Uliflen, Jamaica, and
Hempfted. A warrant was alfo iflfued to Hugh
Hide, who commanded the fquadron, to profecute
the reduftiob of the fort ; and an Engliih Ihip then
grading here, was prefled into the fervice. Thefc
preparations induced Stuveyfant to write another
letter, on |he 25th of Auguft, old ftyle, wherejn,
though he declares that he would ftand the litorm,
yet to prevent the fpilling of blood, he had feht
John, de . Decker, counfellor of ft^te, Cornelius
Van Riven, fccretary and receiver, Cornelius Steen-
wych major, and James Coufleau (hcrifF, to confult,
if poinble, an accommodation. Nicolls, who knew
the difpofition of the people, anfwered immediately
from Gravefend, that he would treat about nothing
but a furrender. The Putch governor, tl^e ne^ct
* It was In thefe words : ** Forafmuch {|s his Majefty haf h
f * fent us (by commiffion under his great feal of England)
f f an)ongft other things, to expell, or to reduce to his Ma-
** jefty*8 obedience, all fuch foreigners^ as without his Maje-
J* fty*p leave and confet^t, have ^at^d themfelves amongil-
*' any of his dominions in America, to the prejudice of ^la,
** Majefty's fubjefts, and diminution of his royal dignity ; we
y his faid ]V(a)eily's commiilioncrs do declare and ptomile, that
** whofoever, of what nation foever, wijl, upon knowledge of
** this proclamation, acknowledge and tedify themfelves, to
f * fubmit to this his Majefty*s government, as his good fubjeds,
" il^U be protected in his Majefty 's laws and juftice, and
f peaceaj^ly epjoy whatfoever God's hlefling, and their own
•• honeft indqftnr, have fumiftied them with; and all other
** privileges with his Majefty's Englifli fubjcfis. We hjive
♦* caufed this to be publifhed, that Aye might prevent all ip-
** conveniences to others, if it were poflible j however, to
** clear ourfelves from the charge of all thofc milferies, that
^^ may any way befall fuch as live here, and will acknowledge
f * hij^ Majefty for their fovereign, whom God preferve."
' ; f ' ' ""' " day,
■;k:
M^
THEHISTORYOF
(day, agreed tp ^ treaty and furrender, on conclitl<VY
the Engliih and Dutch Umit3 in America, we^o
fettled by the crown ani the States Gesncral, The
Engliih depiitics were Sir Rol^rt Carr, George C?ir-
terct, John Wintl^rop, Qovprnor of Conne£Ucut,
Samuel Wyllys, one of the afliftants or council of
that colony, and I'homas Clarke, and John Pyo-
chon, commiflioncrs from the general court of the
Maffuchufet's Bay, who, Jjut a little before, brought
an aid from that province. What thcfc pcrion^
agreed upon, Nicolls promifed to ratify. At eight
o*clock m the morning, of the 27th of Augu/t,
1664, the commiflioncrs on both fides, met at the
Governor's farm, and there Hgned the following ar-
ticle^ of capitulation.
Arridn of ea-
jitaUtioa*
" Thefe articles following, were confcnted to by
*♦ t\\t perfons herie-under fubfcribed, at the
^ Gqvernor*« Bowery, Auguft the 27th, old
.'■ f* ftyle, 1664.
I. " We confent, that the State* General, op
f* the Weft-India company, Ihall freely enjoy ^U
•• farms and houfes (except lach as are in ^he forts)
♦■* and. that within fix mqpths, they fiiall have free
^' liberty to tranfport aU fuch s^rms and ammuni-
'.' i^on, a3 now does belong to theip, ox 9ife they
** fhaij be paid for them.
II. *' All public houfes Ih^U continue for the
** ufes which they arc for,
III. ^^ All people il^^l ftill continue free deni>
zcns, and Ihall enjoy their lands, houfes, goo^s,
wherefoever they arp vfithjn t^js country, and
dilpofe of them as they pleai^. '
IV. *' If any inhabi^nt have a mind to pemoye
f* himfelf, he (hall have a year and fix weeks from
this day, to remove himfelf, wife, chil4?en, fer-
vants, goods, and to difpofe of his lands herei
V. " If any officer of ftate, or public njinifter of
ftate, haye a mind to go for Eoglamd, they ftiall
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f fa(S tcanfported freight free, in his Majeftv's fri-
f^-gates, Wnenthefe fVigattt fliall return thither.
VI. *• U is confcntcd to, that any people may
,*^ fircely ppmc frorn the Netherlands, and plant in
^ tbiu colijny, and that Dutch vcflfels may freely
•• come hithfT^ and any of the Dutch may freely
^ return home, or ftnd any fort of merchandize
V home, in vends of jheir own country,
^ VII. •* AH fhlps from the Nerhcrlwds, or any
f* other place, an^ goSds therein, fhall !be received
^ here, and lent' hence, after the manner which
•* formerly they were, before our coming hither, for
♦* dx months next cnfuing.
Vrtl. ^' "file Dutch here ihall enjoy the libcrtv
** of thei-r confticnces in divine worlhip and churcl^
f« diippline,
' IX; ^ No Di|tchman here, or Dutch (hip hcre^
»• fliall upon any occafion, be preflcd to fcrve iQ>
♦' war agarnft any nation whatfocvcr.
3ty ** That the townfmen of the Manhattans,
f* il^atl t^ot haye any foldiprs quartered upon them,
♦* withofut bting fatisfied and paid for them by their
**' officers, and th^it at this prefent, if the fort be
i^ not capable of loi3giBg all the foldiers, then the'
?* bur«D|ftiafters, by their officers, (hall appoint fonie
1* houfcs capable to receive them.
X^j. ^^ The Dutch here (hall enjoy their owi>
♦• (aiftotns concerning their inheritances.
'^ Xll. ** All public -writings and records, which
^^ Concern the inheritances of any people, or
^' the reglement of the church or poor, or or-
«* phans, fliall be carefully kept by thofe in whole
f* hands how they are, and fuch writings as parti-
*• Cuhriy Concern the States General, may at any
V time be fent to them.
;Xl|L •* Ko judgment that has paflfed anyjudi-
j?* cature here, (hall be called in queftiori, but if any
y* conceive that he hath not had ju(tice done him,
if if be app^ himfelf to the States General, the
^ ' '■''' *" ■ ■ ^ ' ^* other
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T H E H IS TO R V OF.
^* Other party ihall be bound to anfwer, the Aip«
i^ pofcd injur V. , ; ♦,
XIV, ** Ir any Dutch, living here, ttalj at any
** time defire to travail or traHic ipto England, or
** anv plape, or plantatipn, in obedience to his Ma<
^* jefty of England, or with the Indians, he ihall
•* have (upon his rcqucft to the governor) a pcrti-
'^ ficate that he is a free denizen of this place, and
** liberty to do fo.
XV, ** If it do appear, that there is a pub|ic en-
gagement of debt, oy the town of the Manhattoes,
and a way agreed on for the fatisfying of that
engagement, it is agreed, that the lame way
'* propofed (hall go on, and that the engagement
•* (hall be fatisficd.
XVI, " All inferior civil officers and magiftrates
(l^all cpptinue as pow they are, (if" they pleafe)
till the cultomary time of new eleiftions, and
then new qncs tq be chofen by themfelves, pro-
*' Vided that fuch new chofen magiftrates (hall take
the oath of allegiance to his Majefty of England,
before they enter upon their office.
XV|/. ^^ All differences of coi^tra^ls and hvr
gains made before this day, by any in this cqunr
try, (hall be determified, accordifig t^ fhe manr
*' ner of the Dwtch.
XVlii; *« If it do appear, that tl>c ^eft-India
company of Amfterdam, do really owe any fums
of monejr to any perfqns here, it is agreed that
recognjcipn, and other duties payal^le by (hip^
going for the. Netherlands, t^e continued for n^
" months longer.
XIX. " The officers military and foldiers, (hall
** march out with their arms, drums beating, and
" colours flying, ard lighted matches j sind if any
" of them will plant, they (hall have fifty acre^
" of land fet out for them ; if any of them wJU
ferve as feryants, they (hall continue with ajl
fafety, and become free denizens afterwards.
XX. ^' If
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N E W . Y O R K.
XX. ** If at any time hereafter, the ICing of
Gfeat Britain and the States of the Netherlandf
do asree that this place and country be re-deli- «
vered into the hands of tiic faid States, whenfo-
evcr his Majefty will fend his commands to re-
deliver it, it (haU immediately be done.
XXI. '' That the town of Manhattans fhalk
chufe deputies, and thofe deputies Ihail have free
voices in all public a^airs, as much as any othet*
deputies.
XXII. " Thofe who have any property in any
houfes in the fort of Auran^a, ihall (if they
pleaie) flight the fortifications there, and then
enjoy all their houfes, as all people do where
there is no fort.
XXIIJf* •' If there be any foldiers that will go
into Holland, and if the company of Weft-India
in Aitifterdam, or any private perfons here, will
traiiiport them into Holland, then they fhall have
a fafe paiTport from Colonel Richard Nicolis, de-
puty-governor under his Royal Hiehnefs and the
other commilTioners, to defend the mips that ihall
tranfport fuch foldiers, and all the goods in them,
from any furprizal or a^sof hoflility,to be done
by any of his M^efty*s fhips or fubjcti^s. That
the copies of the King's grant to his Koyal
Highncfs, and the copy pt his Royal High-
nefs's commilTion to Colonel Richard Nicolls,
tcftified by two couimilTioners more, and Mr.
Wintrop, to be true copies, Ihall be delivered to
the honourable Mr; Stuyvefarit, the prcfent go-
vefnorj on Monday next, by eight of the clock
in the morningj at the Old Miln, and thefe arti-
cles consented to, and figned by Colonel Richard
Nicolls, deputy-governor to his Royal Highnefs,
and ti)at within two hours after the fort and town
called New-Amfterdam, upon the ifle of Man-
hatoes, fhall be delivered into the hands of the
faid Colonel I^ichard Nicolls, by the fervice of
At
i^
¥ ri E H I 9 T O R Y b r
•* fuchasfhall bef byfcimi|hereum<^dcputtdvl^^
'^ hand and feall. iMd*) **
" John Dfe Decker,
« Wlich.Terlcetr^
' " Samud Megi|iol»fifts"i. »
•« Gorndms SceenWidcS^ •
*» Olo^ Swvens VaiiJK(*aalrt^" >
•■■■ ^''JaibesCo«flfea«i-^^'^^ ■"----,■■■■- -■■ -' "
-•^■^•^ •.,« ^lobertCarri ' - ■ i '■
" George Carteretji -2-
* Jcfhn Wfntllfop,
^* SamudWiHys,
' M ThortiaisOinfe^ V • ^
*' John Ifinchott. -^'^ ■
« I do confcnt to thefe articlcs^^ i?
■■.•,..- S. . -..,-i *'f. ,(4 '-.-tr-r. 5>
Thefe ardclesj fevdtirable as they wetfe td the
inh^bjtatitj^ were ho#cyct very dJw^iW^iiBJef- f6
the Dutdi Governor, land he Ifherdfore tthM- t/b,
ratify them till two days ftfker they ivere fign^ by
the comrniffioiici^. ^ r
, The toWit of NcW-^'m^Manr, «p6n "flie? reduc-
tion of the iftand Matifhattaftsi took "tltt rta^e of
New-York. It c6rififted of feveraJ fittsdl^reet^J
laid olit in the year 1656, andvras liotiriconfidera-
ble for the httn[iber<)f its hottfes arid ifthal^t&hts'.
The eafy terms of the capitulaiidn, f]*iP6rrtif^ theii*
peaceable ftibjeftion to the new g6verhri*fe|it f and
henoe we find^ that in two days afar the IbWtrife^
the'Boflbhaid was difmifledjVithi^ tharifeS d^the
eommiffioncrs to the general court. MUdibdls And
the South River were^ hoWetcr, ftill w b<b ttJducedi
Sir Robert Carr coramanded^the €Xpidditabiiti^ De-
laware, and Carteret was i^mmiflSS>nedi^&f^
the Dutch at Fort Orange. The garriiori capitu-
htcd on the 24th of S^tember, and he cdlfed if
Albany^ in honour of the Duke. While Carterdi,
i^«s hertsj he had an intcrrieur with tint Indians of ,
.N E W . V O R K. 51
the Five Nations^ andr^rttercd intor* league of
f riendlhip with theitt, which remarkably continues
this day.* Sir Robert (jJarr wa^ equally fuccefsful
on Sbuth liiver, ^r he-conlpelltfd both^^e EkJtfeh
and the Swedes to capitulate and deliver up their
garrifons the firft^of October, 1664 j and that was The En^JiA te-
the day in which the Whole -^ew-Netherland be-^rwhdfcTunl
came fubjeft to the Englilh crown. Very few oft'y.oft. 1,1664,
the inhabitants thought proper to remove but o|^
the country* Governor Stuyvefant himfclf held .
Ms'6!(^afteand diiedliefe. His rm^alm we^ int^i^e^
ki * "^hal^i Which he liftd erected on his own farn% <^
At i^iin^i'drftanicfe frovfi the t^ty, now polTefied by
Ms^ahdfelreiSei^dils^uyvefant, a tn&n bf probity,
whd Hlii%6efi^lcf6led into the magiftracy above thirty
yfearb fiibceflively. Ji<;ftice obliges me to -declare^
that fbf loj'alty to the pfdcnt reigning family, and a
ptrre sfttachment to the Proteftant rcKgion, the de-
Icefttots of the Dutdi planters arc pemaps cxsceed-
fed by rtoiie of his Mftjewy's ftibjeds.
' "^ We ©dtiSh ttrei* ftnfiWte of the imp6i«ailc&of jpreTefVinjj
iih itMi^ttu^ted arnif y with diofe Indians, fer they were, both
tery Jdunienraf «nd wartike. The French purfued quite dif* •
f^M'ent meafuresjt and the irruptions of thofe tribes, according
tottieiirbwh authors, havo oftehteduced Canada to thebriafc
4 —■'■
T H I
f HE HISTORY OF
N E W - X O R
.'i*
i! htif.
... .... ..! ,,f ,. ■
PAR t li:
Colonel Nicolls
is the firft Eng-
lifli goTernor,in
,4664.
From the Surrender in 1664, /^ the Settlement itt tU
Revolution.
Richard Nicolls. being now poflefled of the caan-i
try, took the government upon him, under
the ftile of " deputy -goyt^nor ^urider his Rpyal
V Highnefs the Dulce of York, of all his, territoj
'* ries in America." During hjs fliort concinvia^i^ce
here, he pafled 9 vaft number of, grants and ^(^oii-
jirmatipns of the ancient Dutchi patents, the pro-
fits of which muft have been very confiderable.
Among the^, no onehasoccafioBed more animated
contention, than thajc called tji? Elizabeth Town
Grant in New Jerfey ; which, as it relates to ano-
ther colony, J ftiould not have mentioned,: biiit for
the opportunity to caution the reader againfb; the
reprelentation of that contrb^erfy cont-ained in
pduglaft's fummary. I have fufficient rcaf6ris tb
juftity my charging that account with partiality
and miftakes 5 and tor proofs, refer to the printed
anfwer in chancery, publifhed in the year 1751.
Befides the chief commahd of this province^
Nicolls had a joint power * with Sir Robert Carr,
* The commillion from Kihg Charles II. was dated th6
i6th of April, 1664. After a recital of difputes concerning
limits in New £ngland, and that addrefles had beenfeni liomt
from the Indian natives, complaining of abufes received from
the ^nglifh fubje£ts ; the commiffioners, or anjr three or two
of them', of which Nicolls was to be one, were authorifed to
"tiBi; the New England colonies, and determine all compUuntg
military, civil, and criminal, according to their difcr^tion, and
fuch inilru^tiotis as they might receive from the crown*
eatterct^
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33
i, 1664.
k ^ w . Y 6 R. Ki ,
darteret and Maverick to fettle the contefted boun-
daries of certain great patents. Hence we find, that
three of them had a conference with feveral gentle-
men from ConnefticiJti refpefting the limits of this
and that colony. The refult was an abjudication^
in thefe words :
" By virtue 6£ his Majefty's commifllon^ ive Settlement oi
have heard the difference, about the bounds of Jj^'^jj^"/^'^^^^',;
the pa«:eni,s granted to his Royal Highnefs the andconneaicuti
I>uKe of York j and his Majefty's colony d^Con- ^" * "'"''
nefticutj and having deliberately conndered all
the reafons alledged by Mr. AJlyn, fen. Mr Gol^^
Mr. Richards, and Captain Winthropj appoint-
ed by the aflembly hejd at Hertford the 13th of
Oftp^er, 1664, to accpmpany John Winthrop^
Efq. the governpr o,f his Majefty's colony of
Connedlicut, to NisW York; and to agree upon
the bounds of the faid colonyj why the faid.
Long Iilai)cJ Ihould be- under the government of
Conncfticut, vjrhich are too long here to be re-
citcdi ive do declare ar^d prderj that the foutherji
bounds of his Majesty's cplcJny of Conne^licutj
is the fe^, apd that Long Iftaiid is to be under
the government of his .Royal IligHnefs the Duke
of York,, as isexp^refled by plaifl words, in the
faid patents, refpeaivelyj and alfo by virtue of
his Majefty's commiflioni and the cpnfent of both
the goveriiors and tjie. gentleman above-named;
We alfo order and declare, that the trpek or iriveir
called Mamarpneck, wHicK is rejiutjcd tp.be
about thirteen miles to the eaft of Weft-Chefter^
and a Ijne dra^^n from the eaft point or fide^
where the iripfh water falls into the fait, at high
water mfirk, nprth-north-welt to the line of the
Maflachufets, be the weiftern bounds of the faid
colony of ConqefUcut^ and all plantations lying
weft ward of that creek and line^o^'drawnj td be
under his Rpyal Highriefs's government ^ and
all plantations lyin^ eaitwarc^pf |ha| cfi&ek and
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THE HISTORY OF
»* line, to be under the government of Conneftlcur.
" Given under our hands, at James's Fort in New
" York, on the ifland of Manhattan, this firft day
«' of December, 1664.
« Richard Nicolls,
" George Carteret,
*' S. Mavcricke."
(C
We the governor and commiflioners of the
*' general affcmbly of Connedticut, do give our
" confent to the limits and bounds above-men-
'* tioned, as lyitneis our hands.
Gold,
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John Winthrop, jun,
John Winthrop,
" Allen, fen.
" Richards."
At the time of this determination, about two
thirds of Long Ifland were poflefled by people
from New England, who had gradually encroached
upon the Dutch. As to the fettlement between
New York and Connecticut on the main, it has al-
ways been confidered by the former, as founded up-
on ignorance and fraud.* The ftation at Mamaro-
neck was about thirty miles from New York, from
Albany one hundred and fifty. The general courfe
of the river is about north twelve or fifteen degrees
eall : and hence it is evident, that a north-north-
weft line 'will foon interfeft the river, and confe-
quently Jeave the Dutch country, but a little before
furrendered to Colonel Carteret, out of the pro-
vince of New York. It has be6n generally efteemed
that the Connedticut commiffioners in this affair,
took advantage of the Duke*s agents, who were
ignorant of the geography of the country.
* The town of Rye was fettled under Connei5Hcur, and the
|;raDt from that colony is bounded by this line of dififion.
About
^■ifl.'l^t.
N E W - Y
About the clofe of the
6 k k; s)
year, the cftate of thd J-' fj^^^J**'
Weft- India company was feized and confifcated,
hoftilitie3 bein^ actually comihenced in Europe as
well as America, though no declarations of war
had yet been publilhed by either of the contending
parties. A great difpute between the inhabitants
of Jamaica on Long Ifland, which was adjuftcd by
Colonel Nicolls, on the fecond of January, 1665,
gave rife to a falutary inftitution, which has in part
obtained ever fince. The controverfy refpefted
Indian deeds, and thenceforth it was ordained, that
no purchafe from the Indians, without the gover-
nor's licence executed in his prefence, fhould be
valid. The ftrength and numbers of the natives
rendered it neceflary to purchafe their rights ; and
to prevent their frequent felling the fame traft, it
was expedient, that the bargain fhould be attended
with fome confiderable folemnity.
Another inftance of Colonel NicoUs's prudence^
was his gradual introduftion of the Englifh me-
thods of government. It was not till the twelfth
of June, this year, that he incorporated the inhabi-*
tants of New York, under the care of a mayor,
five aldermen and a IherifF. Till this time, the
city was ruled by a fcout, burgomafters, and
ichepens.
In March preceding, there was a great conven-
tion, before the governor at Hempftead of two de-
puties from e^^ery town on Long Ifland, empo-
wered to bind their conftitucnts. The defign ot
their meeting was to adjuft the limits of their fown-
lhip« fbf the preferVarion of the public peace. *
The war being proclaimed at London On thC
fourth of this month, Nicolls received {he account
of it in June, with a letter from the Lora Chancel-
lor, informing him, that De Ruyter, the Dutch ad-
miral^ had orders ^o vifit New York. His Lord-
ihip wlas rriiflnforftid, or the Admir^ was" diverted
D 2 from
*«>»<! -i«>'4 #*-*4
30 i^Hfe H I STOR Y OF
from theenterprife, for the Englilh peaceably helci
poffeflion of the country during the whole war^;
^hich was concluded i)n the twenty-firft of July«
1667, by the treaty of Breda. Some are of opi-
nion, that the exchange made with the Dutch lor
Surinam, which they had taken from us was ad-
vantageous to the nation ; but tliefe judges do not
confi<Er, that it would have been unpoITible for
the Dutch to have prcferved this colony aj^inft the
increaCms ftrength of the people in New£^ngland^
Maryland and Virginia^
After an adminiftratiori of three yearsj Nicolls
teturned to England. The time during his fhcrt
refidcnce here, was almoft wholly taken up in con-,
farming the aritient Dutch grants. He eredted no
courts of juftice, but took upon himfelf the folei
decifion of aU controvcrfies w^hatfoever. Com-
plaints came before him by petition ; upon which
he gave a day to the parties, andaftfr a fummary
hearing, prohounce^ judgment, tils determina-r
t;ons were called edi^s, and executed by the iherifi^
h^ had appointed. It is much to his honour, that
hotwithftanding all this plenitude of power^ he
, governed the piovipce witn integrity and modera-^
tion. A reprefentation from the inhabitants of
Long Ifland to the general court of Conne^icut,
made about the time of th^ Revolution, commands
him as a man of an eafy and benevolent dilpofition ;
and this teftimonial is. the more tp b^ relied upon,
becaufe the defign of the writers, was, by a detail
of their gci^vahces, to in^vice the coloijy of Cop-
* ne^icut to take th^m upder its imm<cdiato pfo-
teftiom
Coi.LoTeiace Francis tx>velace, a colonel^ wai appointed by
iov"nmenV?n t?^'^ Pukc, to fuccccd Nicplls in thc government of
May, 1667.' the province^ which he began to exercife in M^]^*
1667. As he was a man iS* great m<>deration, the
people live4 very peaceably un4er hipn, till the re-
i.' . fuirender
^«
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«« 1
« 1
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war, in
k EW - Y O R IC.
furrender of the colony, which put an end to his
power, and is the only event that iignalized his -ad-
hiiniftration.
The ambitious defjgns of Louis XIV. againft I''* . ''"'"^
the Dutch, gave rife to pur war wijch the States i^jl **'*
General in 1672. Charles II. a prince funk in
pleafures, proBigate and poor, was eafily ;,detached
from his alliance with the Dutch, by the intrigues
and pecuniary promifes of the French King. The
following paflage from a fine writer,* fhews that
*- his pretences for entering into the war, were ground-
jcfs and trifling,
« The Kingof England, on his fide^ reproached
f* them with difrepeft, in hot diredling their fleet
** to lower the flag before an Englifli (hip ; and
^' they were alfo accx|fed.in regard to a certain pic-
" ture, wherein Cornelius de Witt, brother to the
*' penfionary, was painted with the attributes of a
^' conqueror. §hip$ were reprefented in th(^ back
*' ground of the piece, either taken or burnt. Cor-
f nelius de Witt, who had really had a great fliare
f in the nnaritime exploits againit England, hac^
f^ permitted this trifling memorial ofh|sgl6ry : but
f* the pifturd, which was in a manner qnknown^
?* was deported in a chamber wherein fcarce any
*' body ever entered. The Erjlifh miniflers who
f* prefented the complaints of their Kirtg againft
!' Holland, it) writing, therein mentioned certain
" abufive piiStures. The States, who always trdn-
ijated the memorials of ambaflfadors into French,
having rendered abufive, by the werds fduHfs
trompeurs, they replied, they did not know what
thefe roguijh pi£lures (ces tableaux trompeuh)
" were. In reality, it never in the leaft entered
^* inp tl^eir thoughts, that it concerned this p6r-
;7
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VoltaireJs ^ge of Louie ^^V^
■P3 ■:'
^f trait
38
THE HISTORY OF
*' trait of one of their citizens, nor did they ever
V conceive this could he a pretence for declaring
" war."
country, July,
1673.
j Commodores.
J^Cap
tains.
The Dutch re- A fcw Dutch Ihips arrived the year after on the
eon<iu«r the thirtieth of July, under Statcn Ifland, at the diftance
of a fe.w miles from the city of New York. John
Manning, a captain of an independent company,
had 2i.t that time the command of the fort, arid by
a meffenger fent dc^wn to the fquadron, treache-
roufly made his peace with the enemy. On that
very day the Dutch (hips came up, moored under
the fort, landed their men, and entered the garrifon,
without giving or receiving a fhot. A council of
war was afterwards held at the Stadt-Hoyfe, at
which were prelcnt
(Cornelius Evertfe, jun,
Jacob Benkes,
Anthony Cqlve,
IsTicholas Boes,
Abraham Ferd. Van Zyll, j
AH the magiftrates and conftables from Jlaft
Jerfcy, Long Jfland, Efopus, and Albany, werq
immediately fummon^d to New York; and the
major part of them fwore allegiance to the States
General, and the PrjncQ of Orange. Colonel
, Lovelace wa? ordered to depart the province, but
afterward^ obtained leave to return to England with
Commodore B^nkcs, It has often been infixed on,
that this conqueft did not extend to the whole pro-
vince of New Jerfey ; but upon what foundation
I cannot difcover. From the Dutch records, it
appears, that deputies were fent by the people in-
habiting the'fountry, even fp far westward as De-
laware River, wl)o in the nqme of their principals,
made a declaration of their fubmiiTion ; in return
for which, certain privileges were granted to them,
jind three judicatories ereftcd at Niewcr, Amftel,
* . ■ ■ ' Upland,'
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N E W - y O R K.
I*.
Upland, and Hoer Kill. Colve*s commiflion to be
governor of this country is worth printing, becaufe
it fhews the extent oi the Dutch claims. The
trandation runs thus :
*' The honourable ar:' awful council of war, ''''^^* °,J*«]' ^*-
for their High Mightinefles the States General miffioV. '*"*'
of the united Netherlands, and his Serene High-
nefs the Prince of Orangp, over a fquadron of
(hips, now at anchor in Hudfon's River in New
r^etherlands. To all thofe who fhall fee or hear
thefe, greeting. As it is neceifary to appoint
a iit and able perfon, to carry the chief command
over this conqueft of New ISTetherlands, with
all its appendencies and dependencies from Cape
Hinlopen on the fouth fide of the fouth or De-
laware Bay, and fifteen miles more foutherly,
with the faid Bay and South River included *, fo
as they were formerly poilefled by the diredora
•* of the city of Amfterdam, and after by the
Englifh government, in the name and right of
the Duke of York ; and further from the faid
Cape of Hinlopen, along the Great Ocean, to
the eaft end of Long Ifland, and Shelter Ifland ;
from thence weft wara to the middle of the Sound,
to a town called Greenwich, on the main, and
to run landward in, northerly; provided that
fucH line fha,U not come within ten miles of
North River, conformable to a provincial treaty,
made in 1650, and ratified by the States Gene-
ral, February 22, 1656, and January 23, 1664,
*' with all lands, idands, rivers, lakes, kills, creeks,
^* frefh and fait waters, fortrefles, cities, towns,
^* and plantations therein comprehended. So it is,
'* that we being fufficiently aUpred of the capacity
** of Anthony Colve, captain of a company of foot,
** in the fervice of their High MightinefTes, th^
** States General of the United Netherlands, and
^' his Serena Highnefs the Prince of Orange, &c,
P4 "^y
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46^ THE h IS to R V OF
<* By virtue of our commiflion, granted us by their
«« before-mentioned High Mightinefles and his
«• Highncfs, haVe appointed and qualified, as we
«* do by thefc prefents appoint and qualify, the
'* faid Captain Anthony Goive, to Bovern and rule
«« thefe lands, with the appendencies and depcn-
^ dencies thereof, as governor general 5 to pro-
<* teft them from all invafions cSr eneoiies, as he
f * (hall judge moft neceffary -, hereby charging all
»• high and low officers, juftices, and magiftrates,
<« and others in authority, foldiers, burghers, and
«' all the irthabitahts of this land, to acknowledge,
^* honour, refpwft^ and obey the faid Anthony
«' Colve, as governor general i for luch we judge
♦* neceffary for the fervice of the country, waiting
f * the approbation of our principals. Thus done
»« at Fort-WiUiam-Hcnderick, the twelfth day of
•f^ Auguftj 1673. I
'r''^ •'Signed by -^ ♦« Jacob Benkes.'!
** Cornelius Evgrtfe,jun. '•
Treaty of peace The Dutch goverhoT enjovcd his office but a
JrHoSr^'^^y fhort feafort, for on the 9th ofFebruary, 1674,
Feb. 9, 1674. fhe treaty of peace bct\veen England and the Stated
General ^Vas figned at W^minfter •, the fixth ar-
ticle of which, reftoted this fcountry to the Englilh.
The tttths of ir were generally, '" That whatfoever
** cijuntries, iflandJ, tonvris, ports, xaftleSi or forts,
" h^ve or Ihall be taken on both fides, fince the
«• tiltrte that the late unhappy wai* broke out, either
•« inEui'Opeorclfewhe<-e,ihall be reftored to theii?
•* fotrtier fcrd and proprietor, in the fame condition
«' ti^^fh^U be in, when the peice itfelf fliall b^
'* pfocfaimed ; after ^hich time, there Ihall be nd
^* fpoil nor plurtder of the inhabitants, no demoli-
•* tion of fortifications! nor carrying away of guns,
** powder or bther military ftores, which belonged
** to anycaftie or fort, at the time when it vfa^
•^■*-taken." *^ -^
' The
N E W - Y O R K. 4^
The lenity which began the adminiflratlon of
Colonel Nicolls Was continued under Lovelace.
He appears to have been a man, rather of a phleg-
matic than an enterprifing difpofition, «always pur-
fuing the common road, and fcarce ever adting
without the aid of his council, Inftead of taking
upon himfelf the Ible determination of judicial con-
trovcrfies, after the example of his predpceflbr, he
called, to his afTjftance a rcw juftices of the peace,
This, which was called the Court of Aflizes,* was
the principal law judicatory in thofe times. The
legillative power under the Duke, was vefted entire-
ly in the governor and council. A third eftate;
might tlien be eafily difpenfed with, for the charge
of the province was f fmall, and in a great mear
fure ('efrayed by his Rqyal Highnef^, the propricr
tor of the country.
Upon conclufion of the peace in 1674, the DukeTheKingm.ket
pf York, to remove all controverfy relpecling his Jhc'p'JJ'^y "^^
propert • , obtained a new pj^tent + from the King, the d. of voi k,
r ^ / '_ .; • *^ + datcd'"J""*»'7^*
* This was a covert both of law and equity, for the trial of
caufes of'iol. and upwards, and ordinarily futbut once a year.
jSubbtdinate to this, wefre tlie town courts and feiTions ; the
former took cognizance of actions under 5I. and the latrer, of
. iuits between that fuin and twenty pounds, feven coiiftables ai]d
pverfefcrs were judges in the firfl, and in the laft the juftices of
the peace, with a jury of feven men, The verdict of the ma-
jority was fufficieftt.
f The- manner of raifing public money, was eftabliflied by
Colonel Nicolls on the firft of June, 1665, and was thus.
The high fhcriff iflucd a warrant annually, to the high confta-
bles of every diftricl, and they fent theirs to the petty conlla-
bles ; 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 perfonal eftates, and then taxed them accord-
ing to certain rate?, prefcribed by a law. After the alfeirment
\vas returned to the high iherift', and approved by the governor,
the conftables received warrants for levying the taxes by dif-
trefs and fiile. ' '
X Some are of opinion that the fecond patent was unnecef-
fary. the Duke being revefied per poft liminium. This matter
has
4»
THE HISTORY OF
dated the twenty-ninth of June, for the lands grant-
SirUdm'^nciAn.ed in 1 664, and two days after commiflloned major
X»«''"°'"«t^^^^^^^''^^^ ^^^ Edmond Androfs to be governor of
his territories in America. After the refignation
«nd« " t'up^o ^f this province, which was made to him by the
him. Dutch polFeflbrs, on the thirty-firll of Odtober fol-
lowing, he called a court martial, to try Manning
for his treacherous and cowardly furrender. The
articles of accufation exhibited againit him, were
in Tubilance :
Articles tgiinft I. That the faid Manning, on the twenty-eighth
fTh»^n7u2''f J^ly» ^673, having notice of the approach of
•heroufly fur-thc cnemy's fleet, did not endeavour to put the
'fntialt 10 the garriion in a pofture of defence, but on the con-
Dutch, trary (lighted fuch as offered their affiftance,
II- That while the fleet was at anchor under
Staten Illand, on the thirtieth of July, he treache-
roufly fcnt on board to treat with the enemy, to the
great difcouragement of the garrifon.
III. That he fuffered the fleet to moor under
the fort, forbidding a gun to be fired on pain of
death.
ly. That he permitted the enemy to land with-
put the leaft oppofition.
V. That fhortly after he had lent perfons to
treat with the Dutch commodores, he ftruck his
flag, even before the enemy were in fight of the
garrifon, the fort being in a condition, and the men
defirous to fight.
VI. And laftly, that he treacheroufly caufed the
fort gates to be opened, and cowardly and bafely
has been often difputed in the ejeflments between the New
Jcrley proprietors and the Elizabeth town patentees. In New
York the right of poftliminy wasdifregarded, and perhaps un-
known ; for there are many inftances, efpecially on Long Ifland.
of new grants from Sir Edmynd Androfs, for lands patentee
under Nicolls and Lovelace, by whic^ jhe quit-rents have beec|
artfully enlarged.
let
N E W - y O R K.
let in the enemy, yielding the garrifon without ar«
tides.
43
aps un-
rlfland.
tatentea
vebec^
This fcandalous charge, which Manning on his
trial confeded to be true, is lefs rurprifine, than the
lenity of the frntence pronounced againS him. It
was this, that thouffh he deferved death, yet be- Sentence of th«
caufe he had fince the furrender, been in England, yp'i'JJJJJI"*
and feen the Kins and the Duke, it was adjudeed
that his fword mould be broke over his head in
publick, before the city hall, and himfelf rendered
incapable of wearing a fword, and of ferving his
Majelty for the future, in any public truft in the
government.
This light cenfure, is howeverno proof that Sirchar^aerofiit
pdmondwasa man of a merciful difpofition -, theJ^'J"'"*'*^'*'
hiftorians of New England, where he was after-
wards governor, juftly tranfmit him to pofterity,
under the odious character of a fycophantic tool to
the Duke, and an arbitrary tyrant over the people
committed to his care. He knew no law, but the
will of his ma(t;er, and Kirk and JefFeries were not
fitter inflruments than he to execute the defpotic
projefts of James II,
In the year 1675, Nicholas Renflaer, a Dutch
clergyman, arrived here. He claimed the manor
of Kenflaerwick, and was recommended by the
puke to Sir Edmond Androfs for, a living in one
of the churches at New York, or Albany, proba-
J)ly to ferve the popilh caufe,* NiCwenhyt, mi-
nifter
* Another reafon is aifigoe4 for the favour he met with from
the crown. It is faid, that while Charles II. was an exile, he
predidled the day of his reftoration. The people of Albany
bad a high opinion of his prophetic fpirit, and many ilrange
tales about liim fiill prevail there. The parfon made nothing
of his claim, the manor bdne ^ftqrwards granted, by Colonel
t)ongan, to Killian Van Renflaer, a diftant relation. This ex-
enfive trad, by the Datch calif d a colony, is an oblong, ex-
' ' ' (ending
erdiaation.
H^ Tfa E f^J^ t6 R Y OF
A difpute eon. ftifter of the church at Albany, difputed hi^ right to
feyl74Vfcopii adminifter the facraments, becaufe he had received
an cpifcopal ordination, and was not approved by
^\ie ClSfTis of Amferd^rh, to which the Dutch
churches here hold thcmfclves fubordinate. In this
icontroverfy the govo^nor took the part of Renflaer,
and accordingly liirrtm^ired Niewenhyt before him,
io anirWer for his condiift. This mihifter was
treated with fuch fingiilar contempt, and fo fre-
quently harrafled, by fruitlefs and expenfiye atten-
dances before the council, that the difpute became
interefting, and the greater part of the people re-
fented the ufage he rtjet^ with. Hence we find,
that the magiftrates of Albany, foon after impri-
Jbned kehflaer, for feVerai diibiouS words (as they
are called in the record) delivered in a fermon.
The govei"nor, on the other hand, ordered him to
|be releafcd, and fqmmbned the magiftrates to at-
tend him at New York, -^yarrarits wefe then iffued
to compel them to give fee urity in 5600I. each, to
make out good caufe for confining the rninift^r,
Leifler, who was dne o? them, refiifed to comply
with the warrant, arid vf&s • thrown into jail. Sir
Edmond, fearful that a great party w6u1d rife up
againft him, was it laft compelled to difcontinue
his ecclefiaftical jui-ifdiftidn, and to refer the con-
troverfy to the deterniination af the confiftory of
the Dutch church at Albany. It is perhaps not
rot ap. improbable, that thefe pppim * meafure", fowed
Su're'' 'th?*^^^ ^^^*^^ of that avcrfion to the Duke's government
rhfy might be wMch aftcr produced thofe violent convulfions in
Tn'^Sen'y to^^^ P''°^'^"^^ ""^^^ Lcifler, .at the time of the Re-
eflabii/h popery, volution, in favour of the Prince of Orange.
If Sir Edmond ^ndrofs's adminiftration at New
York, appears to be lefs exceptionable, than while
* It does If
he
tendinjj fvrenry-fourmtesu^on I^udfoft*s BLiyer, and as many
on e:tch fide. The pitent of confirmation WasilTued by fpecial
direi^inn from the J^ih^, and is rhe moft libpral iq the privi-
leges it grants of uny one in the provioce,
4*
^ 1^ -i: W, - Y R K.
he commanded pt Bo^oi^^ it was through want of
more opportunities to U)e^ bimfelf in his true light.
The main^tpurre of hiipi^c proceedittg?, during
his cqntinvi^nfpe in the provifice, was fpent in the
ordinary ^£bs of gpverqn^nt^ which theri principally
confiftcd in pafling grants to the fubjeft, and pre-
fiding in The Cou^.^ ot Assize, eftablifhed by
Colonel Lovelace. TJie public exigenfces were no\y
in part fupplicd by a kin4 of benevolence ; the
badge of bad times ! • This appears in a^i entry oil
the records, of a letter of May 5, 1676, from
Governor Androfs,,tp ffevcral towns on Longlfland,
defiting to know, what fums thpy would contri-
bute towards the war. Near the dole of his
adminiftratipn, he thought proper to quarrel with
Philip Carteret, who iij 1080, exercifed the go-
vernment of Eaft jeffeyj under a commiffion
from Sir George Carteret, dated the thirty-firit ot
July, 1675, Andrpls djfputed his right, and feized
J^ld brought him pri^ner tp New York ; for
which it is faid h? 1',^ ^is own government,
but whoever confiders.th^t Sir EdmPnd wa^ inime-
di^tjErly, prefcred to begovcrnpr of Bpfton^ will ra-
ther believe, th^jt^t^^J)^l^?;J^p^rpede4 hjjnfpr ipme
other realpnsi ...',., ' ,;^ . \
Before 1 prpceed tp the fuccef|(jifig admimftj^
tion, in which our Indian affair^ b^gan to haye a^
powerjtuli^niie^Qcejupon the publjc m^^^^ufes, ic may
not be impropier to prefent the read^ wi^h ^ fUm-
mar|r view of the hiftory and eh^rj^fter of the FivQ
Nations.* Thefe^ of all thpfe ii^nunierablc tribes An accounf of
of favages, which inhabit the riothern partof Amc-*5ij|,'j„"'''"'"*
rica, arc of mojl importance to us and the French,
Ipoth on account of their vicinity and warlike dif-
pofition. Before the late incorporation of the Tuf*
* By tl\e Dutch called Maqua^s, by the French IrpqxKHs,
and by us,- Five Natiot^s; Six f^fations, and lately the Confe-
derates. They are greatly dim'^iflied, and confift no\r only
of about twelve huftdred fighting men,
caroras^
46
THEHISTORYOP
caroras, a people driven by the inhabitants of Cd^
rolina from the frontiers of Virginia, they confiftcd
of five confederate cantons.-f* What in particular
gave rife to this league, and when it took place,
are queftions which neither the natives, nor Eu-
ropeans, pretend to anfwer. Each of thefe nations
is divided into three families, or clans, of different
ranks, bearing for their arms, and being diftin-
guiflied by the names of, the Tortoife, the Bear,
and the Wolf J
No people in the '.vcrld perhaps have higher no-
tions than thefe Indians of military glory. All the
furrounding narions have felt the cffeAs of their
prowefs i and many not only became their tribu-
taries, but were fo fubjugated to their power, that
without tlitir xonfent, tJiey durft not commence
cither peace or war.
Though a regular police for the prclcrvation of
harmony within, and the defence of the ftate againfl:
invafions from without, is not to be expefted from
the people of ^hom I am now writing, yet per-
haps, they have paid more attention to it than is
generally allowed. Their government is fuited to
their condition. A people whole riches conlift not
fo much in abundance, as in a freedom from want •,*
who are circumfcribed by no boundaries, who live
by hunting, and not by agriculture, muft always
be free, and therefore fubjeS to no other authority,
than fuch as confifts with the liberty ncceflarily arif-
ing from their circumftances* AH their affairs,
whether reipeAing peace or war, are under the di-
f The Tufcaroras were recti v?d upon a fuppolirion, that
they were originally of the fame ftock with the Five Nations,
becaufe there is foroe fimilitude between their languages,
t Their inftruments of conveyances areiigned by ugnatares,
which they make with a pen, reprefenun|; thefe animals.
* An Indian, in anfwer to this queihon, ff^at tit luhite
petiph meant fy cc'etotifnefsf was tbld by another, that it iigni«
fied, a defire ofn. re than a man h»d lutdof, 'l hat's strange!
faid the querift. « -
redion
:ar.
N E W - Y O R K. 47
reaion of their Sachems, or chief men. Great J^^'Jj^f^"*^""'
exploits and public virtue procure the efteem of a
people, and qualify a man to advife in council,
and execute the plan concerted for the advantage
of his country ; thus whoever appears to the Indians
in this advantageous light, commences a Sachem
without any other ceremony.
As there is no other way of arriving at this dig-
nity, fo it ceafes unlefs an uniform zeal and activity
for the common good, is uninterruptedly continued.
Some have thougnt it hereditary, but that is a mif-
take. The fon is indeed, refpefted for his father's
fervices, but without perfonal merit, he can never
Ihare in. the government ; which were it otherwife,
mull fink into perfcft difgrace. The children of
fuch as are diftinguifhed for their patroitifm, moved
by the confidcration of their birtn, and the perpe-
tual -'ncitements to virtue conftantly incOlcated in-
to ^' :; imitate their father's exploits,* and thus • Quere, wbe-
att. ; c the fame honours and influence: which J^jJ^a'jJJjJjJ
accounts for the opinion that the title and power not arifeinEng.
of Sachem is hemfitary. KtJTJ^
Eachofthefe republicks has its own particular "fe?
chiefs, who hear and determine all complaints in
council, and though they have no olHcers for the
execution of juflice, yet their decrees are always
obeyed, from the general reproach that would fol-
low a contempt of their advice. The condition of
this people exempts them from faftions, the com-
mon difeafe of popular governments. It is impof-
fible to gain a party amongfk them by ihdiredt
means ; for no man has either honour, riches, or
power to beftow.-f*
All
kNGE
:6lion
f The learned and jauicious author of the Spirit of Laws,
fpeaking of a people who have not a fixed property in lands,
ohferves, " That if a chief would deprive them of their lU
* berty, they would immediately go and feek it under another,
* or retire iiuo the woods, and live there with their families."
I'he
tt
i^
t « E H I S T O R Y b F
All affairs which concern the general iijtereft ar<5
determined in a great ^ffembly ofthe chiefs of each
canton, ufually lield at Onondago, the center of
their country. Upon eniergencies they adt fepi-
rately, but pothing dan birid the league but th^
Voifce of the general eoriv^htion.
The French, upon thd maxim diviM £s? imperii
(lave tried all pofliblc means to divide thefe repub-
icks, and fometimes have even fown great jcilou-
fies amongft them. In corifecjuence of this plan^
they have feduced many families to withdraw pi
Canada, and there fettled them in regular towns^
Under the command of a fort, and the tuition of
miflionaries.
The manners of thefe favages aire as fimple as
their government. Their houles are a few crotched
ftakes thruft into the ground and overlaid with
bark. A fire is kindled in the middle^ and aji
aperture left at the top for the conveyance of the
imokei Whenever a confiderable number of thofe
huts are coUtdted^ they have a caftle, as it is called^
confifting of a fquare without baftions< furroundcd
with pallifadoes. They have flo other fortification ;
and this is only defigned as an afylum for their old
men, their wives and children, while the reft are
gone out to war. They live almoft entirely with-
out care. While the women, oi fntiaws cultivate
a little fpot of ground for corn, the mpn employ
themfelvcs in hunting. As to cloaths, they ufe a
blanket girt at the waift, and thro^ij loofely ov^r
their fhoulders ; fome of their women inc^d have
befides this, a fort of a petticoat, aad a few of their
*rhe Five If^attons can never be enflavcd. till theV gtoW rith
by agriculture and commerce. Property is tHs moft peririanerit
bafis of power. The authority of a Sachem depending only
tipon his reputation forwifdorn and courage,' mou Wweal and
precarious, and therefore fafe to the peo^e^
fnen
reftartf
afeach
Iter of
: fepi-
3UC thp
imperii
repub-
je^lou-
5 plani
Iraw p
towns^
tion of
nple as
rotched
d with
and an
of the
of thofe
Lcalled^
ounded
cation ;
[leir old
reft are
ly with-
ultiva^e
employ
:y ufe a
;ly ov^r
edhave
of theif
riovt rich
lernianeht
ding only
weal and
V"
K E W - Y b R K;
ineh wear (hirt^.; but the greater part of them are
generally half naked. In winter, their legs are co*
vered with ftockihgs of blanket, and their feet
with focks of deer ikin; Man^ of them aire fond of
ornaments, and thejr tafte i^ viery (irigular. I
have feeh rings affixed, not only to their ears, but
their nofes.. Bracelets of filver and brafs round
their wrifts, are very common. The women plait
their hair, and tie it Uy behind in a bag, perhaps
in imitation of the French beaus in Canada. Tho'
the Indians are capable of fuftaining great hard-
Ihips, yet they cannot endure much labour, being
rather fleet than ftrong. Their men are taller thati
the Europeans, rarely corpulent, always beardlefs,*
ftrait limbed, of a tawny complexion; and black
Uncurled hair. In their food they have no man-
ner of delicacy, for though venifon is their ordi-
nary diet, yet fometimes they eat dogs, bearsj and
even IhakeSi Their cookery is of two kinds j boil-
ed or roaftedj to perform the latter, the meat is
penetrated by 2t ihort fharp flick fet in the ground^
inclining towards the fire^ and turned as occafion
requires; They are hofpitable to ftrangersj though
few Europeans would relifh their higbeft favours of
this kind, for they are very nafty both in their gar-
ments and food. Every man h^s his own wife^
whom he takes and leaves at pleafure ; a plurality;
however, at the fame time, is by no means admit-
ted among them. They have been generally com-
mended lOr their chaitity, but I am informed by
good authority, that they are very lafcivious, and
that the women, to avoid reproach* frequently de-
Itroy the foetus in the womb. They are fo perfedtr
te. that unlefs their children, v,
n
ly
generally
* Becaufe they pluck out the hairs; The French writers,
who fay they have naturally no beards, are miilaken; and the
reafon» they a0ian for it are lidiculous;
E . fift
%<^
THEHISTORYOF
fift their mother, may be called fervants, they Jiave
none. The men frequently affociate themfclves
for converfation, by which means they not only
prefcrve the remembrance of their wars and treaties,
but diffufe among their youths incitements to,^*
litary glory, as well as inftriiftion in all the fup-
tilties of war. _>
Since they became acquainted with the Euro-
peans, their warlike apparatus is a mulket, hatchet,,*
and a long knife. Their bays ftill accuftom them-
fclves to bows and arrows, and are fo dextrous in
the ufe of them, that a lad of fixtcen will ftrike^ an
Englifh fhilling five times in ten, at twelve or four"
teen yards dillance. Their men are excellent
markfmen, both with the gun and hatchet ; their
dexterity at the latter is verj' extraordinary,, for
they rarely mifs the objeft though at a confiLdcTja-
ble diftance. The hatchet in the flight perpetually
turns round, and yet always ftrikes the rtiark wjth
the edge. ' . J,
Before they go out, they have a feaft upon dog^s
fiefli, and a great war dance. At thefe, the war-
riors, who are frightfully painted with vermillion,
rife up and fing their own exploits, or thofe of their
anceftors, and thereby kindle a military en thuHafm
in the whole company. The day after the dance,
they march out a few miles in a row, obferving a
profound filence. The procefllon being ended,
they ftrip the bark from a large oak, and pain*; the
defign of their expedition on the naked trunk. The
figure of a canoe, with the number of men in it,
determines the ftrength of their party ; and by a
deer, a fox, or fome other emblem painted at the
head of it, we difcover againft what nation they are
gone out.
* Hence to take up the hatchet, is with them a phfafe fig-
nifying to declare war ; as on the c0iitrary to bury it, denotes
the eftabUHiment of a peace.
The
l'>
in 4C,
by a
It the
;yare
The
, N E W - Y O R K.
,vj The Five Nations being devoted to war, eve^y
. krt is contrived to diffufe a military fpirit through
the whole body of their paople. The ceremonies
at^ding the return of a party *, feem calculated in
particular for. that purpol'e. The day before they
enter the village, two heralds advance; and at a
fmall diftance fet up a yell, which by its modulation
intimates either good or bad news. If the former;
the village is alarmed, and an entertainment pro-
vided for the one )rSj who in the mean time
approach in f,_^t: t of theni bears '.w fcalps
ftretched over a bow, and elevated upon a long pole.
The boldeft man in the. town comes out, and re*
ceives it, ind ihftantly flies to the hut were the reft
are coUefted. If he is overtaken; he is beaten un-
mercifully : but if he out-runs the purfuer, he pat-
ticipates in the honour of the victors, who at their
. firlt.cntran<?e. receive no compliments, nor fpeak a
. fmgle word till, the end of the feaft. Their parents,
. wives; and .children then, are admitted; and treat
them with the profoundeft refped. After thefe fa-
. lutationsi one of the conquerors is appointed to re-
late the whole, adventure, to which the rdft atten-
: tively liften tvithout afking a queftion; and the Whole
codcludes with a favage dance.
The Indians never fight in the field; or upon
equal tet^ms, but always fculk and attack, by fur-
prife, in fmall parties, meeting every night at a
place of rendezvous. Scarce any enemy can efcape
them, for by the difpofition of the grafs and leaves;
they follow his tra^l with great ipeed any where
but over a rock. Their barbarity is ftiocking to
. human nature. Women and children they gene-
rally kill and fcalp, becaufe they would retard their
progrefsj but the men they carry into captivity.
If any woman has loft a relation, and inclines to
. receive the prifoner in his ftead, he not only efcapes
a ieries of the moft inhuman tortures, and death it-
E 2 felf.
*t
^f THEHISTORYOr
felf, but enjoys every immunity they can beftow,
and is efteemod a member of the family into which
he is adopted. To part with him would be the
molt ignominious conduft, and confidered as felling
the blood of the deceafed ; and for this reafon it
is not without the greateil difficulty, that a captive
is redeemed,
When the Indians incline to peace, a meflenccr
is fent to the enemy with a pipe, the bowl of which
is made of foft red marble ; and a long reed beau-
tifully painted, and adorned with the gay plumage
of birds, forms the Item. This is his infallible
proteftion from any affault on the way. The en-
voy makes hispropofals to the enemy, who if they
approve them, ratify the preliminaries to the peace,
by fmoking through the pipe, and from that in-
ilant, a general ceiTation of arms takes place. The
French call it a Calumet. It is ufed, as far as I
can learn, by all the Indian nations on the conti-
nent. The rights of it are efteemed facred, and
have been only invaded by the Flat Heads ; in juft
indignation for which, the confederates maintained
a war with them for near thirty years.
<^/'J' '"8"»«« As to the language of the Five Nations, the beft
«£ the Five In- • i i j /? • • • j • i
diaa Nationi. account I havc had or it, is contained in a letter
from the Reverend Mr. Spencer, who refided
amongft them iri the year 1748, being then a mif-
lionary from the Scotch fociety for propagating
chriflian knowledge. He writes thus :
«
t€
Sir,
** Though I was very defirous of learning the
Indian tongue, yet through my fhort refidence at
Onoughquage, and the furly difpofitipn of my
interpreter, I conf<5fs my proficiency was not
great.
" Except the TufcaroraS, all the the Six Na-
tions fpeak a language radically the fame. It
t(
IS
M E W . Y O R K. }
" is very mafculine and fonorous, abounding with
•* gutturals and ftrong aspirations, but without la-
•' bials. Its folcmn grave tone is owing to the ge-
•* ncrofity of its feet, as you will obferve in the rol-
" lowing tranliation of the Lord's prayer, in which
** I have diftinguifhed the time of every fyllable by
** the common marks uf^ci in profody,*
'* Soangwauneha, cauroimkySvrga, tehseetaroan, sSuh^S-
''^' neyoufta, esa, sawaneySu, SkSttauhaela, ehnlauwoung, na,
'< caurounkylvcrga, nughwopfliluga, neattetvehnesalaOga,
'* taugWaiinautorKnoant5ughfi5k, toSntaugwelSewhSyou-
** ftattog, chSneeyeut, chlquItlutalehwhSyottftaunna, tough-
*^ 'latl, taugwSufsareneh, t^wautSttSnaugaloughtoungga, na-
•* sawne, sachSaiitaugwafs, coantehsalohaunzaTckaw^ esa, sa-
** jw&uneyofi, Ssa, safhautzta, esa, foungwrafoQng, chenneaii-
f f h&ungwu) 2uwSn.
J ;^" The extraordinary len^h of Indian words,
^' and the guttural afpirations, neceflary in pro-
>f^ nouncing them, render the fpeech extremely
,ff rough and difficult. The verbs never change
:^^ in their terminations, as in Latin, Greek, and
** Hebrew, hut all tJieir variations are prefixed.
^^ Befides the fingular and plural, they have alfo
*^ the dual number. A ftrange tranfpofition' of
*f r fyllables of different words, EupbonU ^ratidy is
*' very common in the Indian tongue, ot which I
" will give an inftance.
Si
* If Tye had a good d'ldionary, marking the quantity as well
as emphaiis of every fyllable in the Englim language, it wrould
conduce to an accuracy and uniformity of pronunciation. The
dignity of ftyle, fo far as the ear is concerned, conlifts princi-
p^ly in generous feet ; and perhaps it may be a juft remark that
no fentence, unlefs in a dialogue, ends well without a full found*
Gordon and Fordyce rarely fwerve from this rule, and Mr.
Mafon, an ingenious authur, has lately written with great ap-
plaufc, , on this attribute of ftyle.
E3
0gtll»
54
THE HISTORY OF
*( oullla figu'-fie* fire, and cawituniia great, but iuAead of
** joining the adjeftive and lubilantive to fay great fire, ca- >
** wauniiA OgUla, both words would be blended into this one, -
*' co-giUa-waunna* '
" Thediale6t of the Oneydas, is foftcr than that
*J of the other nations j and the realbn is, becaufc '
** they have more vovvpls, and often fupply the'
" place of harlh letters with liquids : inftead of R,
" they always ufe L: Rebecca would be pro-
*' nounccd Lenuecca/'
The ajTt of public fpeaking is in high efteem •
among the Indians, and much ftudied. They arc •
extremely fond of method, and difpleifed with an •
irregular harrangue, bccaufe it is difficult to be re- .
membercd. Wnen they anfwer, they repeat the-
whole, reducing it into (Iridt order, Their fpecches'
are Ihort, and the fenfe conveyed in ftrong meta-
phors. In converfation they afe fprightly, but fo-
iemn and ferious in their meffages relating to pub-'
lie affairs. Their fpeakcrs deliver thcmfeives with'
furprifmg force and great propriety of gefture.'
The fiercenefs of their countenances, the flowing
blanket, elevated tone, naked arm, and ereft fta-
ture, with a ^fialf circle of auditors feated on the
ground, and in the open air, cannot but imprels
upon the mind, a lively idea of the ancient orators
of Greece and Rome.
At the clofe of every important part of the Ipeech,
ratifying an old covenant, or creating a new one,
a belt is generally given, to perpetuate the remem-
brance of the tranfaftion Thefe belts are about
four inches wide, and thirty in length. They con-
fift of firings of conque fliell beads fattened toge-
ther.*
* Thofe beads which pafs for money, are called by the In-
dians, Wampum, and by the Dutch,. Sevvant ; fix beads were
formerly valued at a ftyver. There are always feveral poor fa-
milies at Albany, who fupport themfelves by coining this calh
for tbc traders.
With
V
beu
have
who
in it
pie,
ofth
they
moc
fpea
Som
N £ \V . Y O R K.
ss
In-
With refpefk to religion, the Indians may be faid to or tbe»r reii-
be under the thickeft gloom of ignorance. If they «"""•
have any, which is much to be queftioncd, thoic
who affirm it, will find it difficult to tell us where-
in it confifts. They have neither pricft nor tem-
ple, facrifice nor altar. Some traces indeed appear,
of the original law written upon their hearts j but
they have no fyttem of doctrines, nor any rites and
modes of public wor(hip. They are funk, un-
fpeakably beneath the polite pagans of antiquity.
Some confufed notions, indeed, of beings fuperior
to themfclves, they have, but of the Deity and his
natural and moral perfections, no proper or tolera-
ble conceptions ; and of hi^ general and particu-
lar providence they know nothing. They profefs
no obligations to him, nor acknowledge their de-
pendence upon him. Some of them, it is faid,
are of opinion, that there are two diftinft, power-
ful Beings, one able to help, the other to do them
harm. The lattef they venerate moft, and fome
alledge, that they addrcfs him by a kind of prayer.
Though there are no public monuments of ido-
latry to be feen in their country, yet the miffio-
naries have difcovered coarfe imagery in wooden
trinkets, in the hands of their jugglers, which the
converts deliver up as deteftable. The fight of
them would remind a man of letters of the Lares
and Penates of the ancients, but no certain judg-
ment can be drawn of their ufe. The Indians
fometimes afiemble in large numbers, and retire
far into the wildernefs, where they eat and drink in a
profufe manner. Thefe conventions are called Ken-
ticoy?. Some efteem them to be debauched revels
or Bacchapalia •, but thofe who have privately fol-
lowed them into ^hefe recefies, give fuch accounts
of their condudi, as natqrally lead one to imagine,
that they pay a joint homage and fupplication to
fpme invifible Being. If wc fuppofe they have a
P 4 rel%ioa
^<
THE HISTORY OF
fcligion, it is worfe than none, and raifes in the ac-.
nerous mind mod melancholy ideas of their der
praved condition. Little has beei^ done to illumi-
nate thefe dark corners of the earth with the light
of thcGofpel. The French priefts boaft indeed of
their converts, but they have made more profelytes
to politics than religion. Queen Anne fent a mif-
fionary amonsft them, and gave him an appoint-
ment out of the privy purfe. He was a man of
a good life, but flow parts, and his fuccefs very
inconfidcrable. The Reverend Mr. Barclay after-
terwards refided among t|ie Mohawks but no fui^a-
ble provifion being made for an interpreter, he was
obliged to break up the million, |f the Englifh
fociety for propagating the Gofpel; that truly ve-
nerable body, inftead of maintaing mifllonaries in
rich chriftian congregations alon^ the continent,
expended half the amount of their annual contrir
butions on Evangelifts among the heathen, befides
the unfpeakable religious benefits that would, it !:;
to be hoped, accrue to the natives, fuch a proceed-
ing would conduce greatly to the fafety of our co-
lonies, and his Majefty*s feryice. Much has been
written upon this fubjed in America j * and why
nothing to purpofe has yet been attempted in Eng-
land, towards fo laudable a deficn, can only be
attributed to the amazing falfehoods and mifrepre-
fentations, by which fome of the mifllonaries have
long impofed upon benevolent minds in Gre^t Bri-
tain, t
As
* See Mr. Hobart-s letters to the epifcopalians in New
England. The account of the Scotch mifiion at Stockbridge.
Douglafs's fummary, &c.
f Thi? is notonous to all who give themfelves the trouble
of perufing the abilrafts of their accounts publiflied in £ng«
land. It would be a very agreeable office to me, on this
occafion, to didinguifh the innocent from the guilty, but that
As
N E W . Y O R K.
As to the hiftory of the Five Nations, before
their acquaintance with the Europeans, it is wrapt
^p in the darknefs of antiquity. It is faid that
their firft refidence was in the country about Mont-
real i and that the fiiperior (^rength of the Adi^
fuch a talk wpuld infallibly raife upa hoft ofenemiest Many
pf the Miflionaries are n^en of learning and exemplary morals.
Thefe in America are know and honoured^ and cannot be pre-
judiced by an indifcrininate cenfure. Their joining in a re«
prefentation for didinguiihing the delinquents, who are a dif-
grace to the cloth, will ferve as a full vindication of themfeWet
to the fociety. Mr. Ogilvie is, J believe, the only perfon nov.*
employed by that charitable corporation among the Indians,
and the greateft part even of his chargp is in the city < f Albany.
All the Scotch miflionaries are among fhe heathen, and their
fuccefs has been fuffici^nt to encourage any future attempts*
Their is a regular fociety of Indian converts in New Jeriey ;
and it is worthy of ren^ark, that not one of them haj apolta-
^ifed into heathenifm. Some of them have made fuch profi-
ciences in pra£tical religion, as ought to fliame many of us,
who boall the illuminating aids of our native chriftianity. Not
one of thefe Indians has oeen concerned in thofe barbarous ir-
ruptions, which have lately deluged the frontiers of the fout>.
weftern provinces, with the blood of feyeral hundred innocents
of every age and (ex. At the commencement of thefe ravages,
they flew ipto the fettlements, and put themfelves under the
protection of the government. Thefe Indians no fooner be-
came chriftians, than they openly profefled their loyalty to
King George ; and therefore to contribute to their convetnon,
was as truly politic, as nobly chriflian. Thofe colonies which
have done moil for this charitable defign, have efcaped beft
from the late diifareiling calamities. Qf all the mimonaries,
Mr. David Brainerd, who recoverd thefe Indians from the
darknefs of pagani^, was mod fuccefsful. He died the 9th
ofOdober, 1747, a viftim to his extreme morrvi.c;«?Jon and in-
extinguiihable zeal, foi* the profperity of his miliion. Thofe who
are curious to enquire particularly into he effects of his indefa-
tigable induftry, may have recourfe to his journal, publiihed
at Philadelphia, by the American correfpondents of the Scotch
Society, in whofe fervice lit was ^nrployed. Dr. Douglafs,
ever ready to do honour to his native countr}', after reinarking
that this felf-denying clergyman rode about four hundred miles,
in the year 1744, with an air of approbation, aflcs, ** Is there
f * any milTionaiy, from any of the focieties for propagating
f • the Gofpel in foreign parts, that has reported the like ?"
rondacksy
ii
Corlear.
58 THE HIST O R Y OP
rondacks, whom the French call Algoiiquins, drove
them into their prefcnt pofleffions, lying on the
fouth fide of the MoL^virks River, and the great
Lake Ontario.* Towards the clofe of thofc dilputes,
which continued for a great feries of years, the
Confederates gained advantages over the Adiron-
dacks, and ftruck a general terror into all the othef
Indians. The Harons on the north fide of the
Lake Erie, and the Cat Indians on the fouth fide,
were totally conquered and difperfed. The French,
who fettled Canada in 1603, took umbrage at their
fuccefs, and began a war with them which had well
^n expedition njgh rujned the new colony. In autumn, 1665,
cVnVda^Tg^a^nft Mr- Courcelles, the governor, fent out a party
theMohawkin-againft thc Mohawks. 1'hrough ignorance of the
dian$,ini66s. ^.Q^pi^y^ ^j^^ (jjg ^^nt of frjow-flioes, they were
almoft perilhed, when they fell in \jrith Schenectady^
And even there the Indians would have facrificed
them to their barbarous rage, had not Cprlear, a
Dutchman, interpofed to proteft them. For this
feafonable hofpitality, the Frepch governor invited
him to Canada, but he was unfortunately drowned
in his pafiage through the Lak^ Champlain. It is
in honour of this man, who was a favourite of the
Indians, that the governors of Kew York, in all
* Cbarievoix, ia partiality to the French, liimits the coun?
try of the Five Nations, on the north, to the forty-four ih de-
gree of latitude ; according to which, alt the country on the
norrh fide of the Lake Ontario, and the river iffuing thiince to
Montreal, together with a coniiderable tfa£t of land on the fouth
fide ot that river, belongs to the French. Nenncpin, a ^ecol-
let friar, has more regard to truth than the Jefuit { for he tells
us in effect, that the Iroquois polTeiTed the lands on the north,
as well as the fouth fide of the Lal^e, and mentions feveral of
their villages in 1679, viz. Tejajahon, Kente, and Ganneoufle.
The map in his book agrees with the text. Charlevoix is at
variance with his geographer ; for Mr. Bellin, befides laying
down thefe towns in the map, contained in the fifth volume,
writes on the north fide of the protradiop of Lake Ontario,
X^os 'roquois du Nord.
their,
their I
lear.
wholl
into
cefs
of fii
throi
ano.
I'leir .
N E W - Y O R K. S!^
tlieir treaties, are addreffed by the name of Cor-
lear. Twenty light companies of foot, sind the f,^^f"Jiif^'
whole militia of Canada, marched the next fpring
into the country of the Mohawks ; but their fuc-
cefs wajs vaftly unequal to the charge and labour
of fuch a tedious march of feven hundred miles,
through an uncultivated defart ; for the Indians,
on their approach, retired into the woods, leaving
behind them fome old Sachems, who preferred
death to life, to glut the fury of their enemies,
fhe emptinefs of this parade on the one hand, and
the Indian fearful neks of fire-arms on the other,
brought about a peace in 1667, which continued ^pe^cebetweej
for feveral years after. In this interval both the indiari"in 1667.
Englifh and French cultivated a trade with the
natives very profitable to both nations. The lat-
ter, however, were moft politic and vigorous, and
filled the Indian country with their miffionaries.
The Sieur Perot, the yery year in which the
peace was concluded, travelled above 1200 miles
weftwaird, making prolelytes pf the Indians every
where to the French intereft. Gourcelles appears ^
to l)^ve been a man of art and induftry. He took
cvijry meafure in hi§ power for the defence of Ca-
nada. To prevept the irruptions of the Five Na-
tions by the way of Lake Champlain, he built fe-
veral forts in 1665, between that and the mouth of
the River Sorel. In 1672, juft before his return to
France, under pretence of treatir^g with the Indians
more commodioufly, but in reality, as Charlevoix
exprefles it, f to bridle them," he obtained their
leave to ered a fort at Caderacqui, or Lake On-BuiWinfofFort
tario, which Count Frotenac, his fucceflbr, com-^^^^^^J^
pleated the following fpring, and called after his in 167a.
own name.-f* The command of it was afterwards
f In May 1 721, It was a Iquare with four baftjons, built of
ftone, being a quarter of a French league in circumference ;
before it are many fmall iflands, and a good harbour, and be-
hind it a morafs. Charlevoix.
given
y
60 THEHIStORYOF
given to Mr. De la Salle, who, iii 1678, rebuilt
It with (tone. This cntcrprifing perfon, the fame
giar, launched a bark of ten tons into the X.ake
ntario, and another of fixty tons, the year aifter,
into Lake Erie ; about which time he ihclofed with
pallifadpcs, a little fpot at Niagara; ' •
Colonel Dongaii Though the Dukc of York had preferred G^Ib-
""tlTitrofNew*^^ Thomas Dongan to the government of thfe
S^^Cin°I68^. province on the 30th of September, r68^, h«? did
not arrive here till the 27th of Auguft in thfc foll^-
ingyear. He was a man of integrity, moderatSbri,
and genteel manners, and though a profeflfed pa-
pift, may be clafled dmong the beft of our gover-
nors. , ■ ':-^-' -' ii^^'vij." ,:■ ii (. '■■■ .ntjis'
The peoplie, wholiadbfedrt formerly i^trfiat tlie
will of the Duke's deputies, began their firft bjtti-
cipation in the legifkttve power undet* ColottelDon-
. gan, for Ihortly after his arrival, he iflued orders
The firft affem. to the flieriffV to fummon, the freeholders for chobf.
{Si<ten*of the'^^g reprefentatives, to 'meet him in aflembly on the
province met. 17th (tf Oftobcr, 1683. Nothing CQuld be mofc
P^'«7i»683' agreeable to the people, who, whether Dutch or
Englifh, were born thefubjefts of a free ftate; nbr,
indeed, was the change of lefs advantage to the
Duke, than to the inhabitants. For fuch a general
difguft had prevailed, and in particular in Lbiig
lOand, againfl the old form which Colonel NicoUs
had introduced, as threatened the total fubverfion
of the public tranquility, ^ Colonel Dongan faw
the difafFeftion of the people at the eaft end of
ifland, for he landed there on his firft: arrival in
the country ; and to extinguifli the fire of difcon-
tent, then impatient to burft out, gave them his
promTe, that no laws or rates for the future fhould
be impofcd, 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
aft
tia
It
to
wh
Ion
N E W. Y 6 R it. • ^t
after an addrefs,*expreiting the higheft fenicof gr^
titude, for fo beneficial a change in the govemnient. -
It would have been impolfiblefor him mqch longer
to have maintained the old model over free fubjefbs,
who had juft before formed themfclves into a co-
lony for the enjoyment of their liberties, and had
even already foiicited the proteftion of the colony
of Connefticut, from whence the greateft part of
them came, Difputes relating to the limits of cer-
tain townihips at the eaft end of Long Ifland,
fowed the feeds of enmity againft Dongan, fo deep-
ly in the hearts of many who were concerned in
them, that their reprefentation to Connefticut, at
the Revolution, contains the bittereft inveftivcs
againft him.
Dongan furpafled all his predeceflbrs in a due
attention to our affairs with the Indians, by wJiom
he was highly efteemed. It muft be remembered
to his honour^ that though he was ordered by the
Duke, to encourage the French priefb who were
come to relide among the natives, under pretence
of advancing the popifh caufc, but in reality to
gain them over to a French intereft ; yet he for-
bid the Five Nations to entertain them. The Jc-
fu its, however, had no fmall fuccefs. Their pro- Settlement of
felytesare called Praying Indians, or Caghnuagaes,^^';^;^,"-,^"^,
and relide now in Canada, at the fall of St. Lewis, popiihreiigwo
oppofite to Montreal. This village was begun injjjf^j*"^*
1671, and confifts of fuch of the Five Nations as Montreal, ia
have formerly been drawn away by the intrigues *^'**
of the French priefts, in the times of Lovelace and
Androfs, who feem to have paid no attention to our
* The petition to his Royal Highnefs was drawn by the
council, the aldermen of New York, and the juftices of
the peace at the court of ailize, the 29th of June, 1681. I "*'
have feen a copy in the hands of Lewis Morris, efa, It con-
tains many fevere reiledions upon the tyranny of Sir Edmond
Androfs.
Indian
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THE. H.I STORY O F
Indians affairsi.* It was owing to the inftigarioit
alfoofthefe priefts, that the Five Nations about
this time, committed hoftiliries on the back parts
of Maryland and Virginia, which occafioned a grand
convention at Albany, in the year 1684. Lord
ir'vi^rgiSnt^*^^*''^ °^ Effii^gham, the Governor of Virginia,
and Indians con. was prefent, and macje a covenant with them for
?J^''JJg"'^*''*"ypreventing further depredations, towards the ac-
complifhment of which, Cojonel Dongan was very
inftrumental,"!- Doftor Colden has publillied this
treaty at large, but as it has no immediate conec-
tion with the affairs of this province, 1 beg leave
to refer the reader for a full account of itj to his
hiftory of the Five Nations.
While Lord Howard was at Albany, a meflen-
ger from De la Barre, then Governor of Canada,
arrived there, complaining of the Senrieca Indians,
for interrupting the French in their trade with the
more diftant Indians, cornmonly included among
us by the general name of the Far Nations. J Co-
lonel Dongan, to whom the meflage was fent, com-
municated it to the Sennecas, who admitted tHe
charge, bvt juftified their condud, alledging, that
the French fupplied arms and ammunition to tfie
Twightwies,§ with whom they were then at war.
De la Barre, at the fame . time, meditating nothing
* Of late fome others of the Confederates have been allured
to fettle at Ofwegatchi, called by the French, la Gallette, near
fifty miles below Frontenac. General Shirley's emiflaries from
Ofwego, in 175c, prevailed with feveral of thefe families to re-
turn to their old habitations.
f This covenant was ratified in 168 j, and at feve^al times
fince.
"jf. By the Far Nations are meant, all thofe numerous tribes
inhabiting the countries on both tides of the Lakes Nuromand
Erie, weftward, as far as the Mifiiffippi, and the fouthern
country along the banks of the Ohio, and its branches.
§ By the French called Miamies.
Icfs.
^.n: e iwr.y q r.k.
H
times
leis than (he.tpt^l dellru^on of the Five Nations, a grand expeji.
proceeded with ao army of 1700 rpcjn to the i'aJtej!°^"^j'^^*j'JJ.
Ontario. Mighty preparations were made to ob- Monneur oe i«
,tai,ii the defircd fuc<:efe : frelh troops were imported j^Y'indfaw ^in
fi]pm France, and a ktter procured from the Duke 1684.
of Yqrk to ColQn^l Oongan, commanding him to
lay no obiftacles in the way. The officeis pofted
iRptheout forts, pven as far as Meffilimakinae, were
ordered to rendezypus at Niagara, vyith all the weft-
eri>i Indians thpy could engage. Dongan, regard-
lefs of the Duke's prders, apprifed the Indians of
the French defigns, and promil'ed to aflift them.
-After, fix weeks delay at Fort Frontenac, during '^'^^'''^^^^^^
which time a great ficknefs, occafioned by bad pro-
yifions, broke out in the French army, De la Barre
foiled it neceflary to conclude the campaign with a
trel^ty, for which pujrpofe hpcrofled the Lake, and
cjime tQ the place which, from the diftrefs of his
army,; was called La Famine. Dongan fent an in-
terpreter among the Indians, by all means to pre-
vent them from attending the treaty. The Mor
hawks and Sennecas accordingly refufed to meet
pe la 3arre, but the Oneydoes, Qftondagas, and
Cayugas, influenced by the miffionaries, were un-.
willing to hear the interpreter, except before the
priefts, one La Main, and three other Frenchman,
and afterwards waited upon the French Governor,
Two days after their arrival in the camp, MonQeur a conference of
De la Barre addreffing himfelf to Garrargqla, an Sj/oe fra^il^
Onondaga chief, made the following fpeech, the .
Indians and French officers at the lame time form-
ing a circle round about him.
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" The King, my maftcr, being informed, that Monfieur oe i«
the Five Nations have often infringed the peace, fi^'i^jlj;,^** '•
has ordered me to come hither with a guard, and
to fend Ohguefle to the Onondagas, to bring
the chief Sachems to my camp. The intention
" of
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THEHIS*rORY6F
of the Great King is, ttiat yoti and I may fmoke
the Cahimet of peace together; but on this con-
dition that you promife me, in the name of the
Senekas, Cayu^as, Ondndagas, and Mohawk$,
to give Entire Tatisfadion and reparation to his
fubjedls, and for the fcturc, never to moleft
them.
•• The Senekas, Cayugas, OnortdagjlSj 6rtey-
does, and Mohawks, have robbed and abufcd all
the traders that were paffing to the Illinois and
Miames, and other Indian nations, the children
of my King. They have adbed, on thefe occa^
fions, contrary to the treaty of peace with my
predeceflbr. I am ordered, therefore, to demand
fatisfaftion, and to tell them, that in cafe of re-
fufal, or their plundering us any more, that I have
exprefs order to declare war. This belt confirms
my words. The warriors of the Five Nations
have conduced the Englifh into the Lakes^
which belong to the King, my mafter, and
brought the Englifh among the nations that are
his childrenj to deftroy the trade of his fubjedsi
and to withdraw thefe nations froiB him. They
have carried the Englilh thither, notvrithftanding
the prohibition of the late Govprnor of New
York, who forefaw the rifque that bo^ they and
you would run. I am willing to forget thofe
things, but if ever the like fhall happen for the
future, I have exprefs orders to declare war
againft you. This belt cohfirms my words,
"^ur warriors have made feveral barbarous in-
curfions on the the Illinois and Umameis ; they
have mailacred men, women^ and children, and
have made many of thefe nations prifoners^ who
thought themfelves fafe in their villages in time
of peace ; thefe people^ who are my King's
children^ muft not be your (laves ; you muft
give them their liberty, and fend them back into
•' their
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their own country^ If the Five- N^pojis (hall
" refule to do t|iis, I have cxprefa orders to de-
" clare war againft them. This belt coAfirms my
" words.
" This is what I have to fay to Garrangula,
that he may carry to the Senekas, Onondagas,
Oneydoes, Cayugas, and Mohawks, the decla-
jracion which the King, my mafter, has com-
manded me to make. He doth not wifh them
to force him to fend a great army to Cadarackui
|^or,t, to begin a war which muft be fatal tc hem.
He would be forry that this fort, that was the
work of peace, ihould become the prifon of
your warriors. We muft endeavour, on both
fides, to prevent fuch misfortunes. The French,
" who are the brethren and friends of the Five Na-
" tions, will never trouble their repofe, provided
*' that the fatisfaftion which I demand, be given -,
" apd that the treaties of peace be hereafter ob-
" fervcd. T fhall be extremely grieved, if my
" words do not produce the effedt which I expcft
" from them •, for then I fliall be obliged to join
*' with the Governor of New York, who is com-
manded by his mailer to aflift me, and burn the
caftles of the Five Nations, an4 deftroy you.
This belt confirms my words.*'
Garrangula heard thefe threats with contempt,
becaufe he had learnt the diftre/Ttd ftate of the
f renoh armj, and knew that they were incapable
<:}£ executing the defigns with which thry fet put ;
^nd therefore, after walking five or fix times round
the circle, he anfwered the French Governor, who
fat in an elbow chair, in the following ftrain :
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" Xo^NONOIO,
" I honour you, and ^ warriors that are with me The anfwer of
likewifc honour you. Your interpreter has finiflied Pn'ShUf.'*"'
your ipeech ; I now begin mine. My words
" make nafte to reach your cars •, hearken to them.
F " Von-
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rHEttlSTORyOF
** Yonnondio, you muft have believed, when
you left Qucbeck, that the fun had burnt up
all the forcfts, which render our country inac-
cefliblc to the French, or that the lakes had fo
far overflown the banks, that they had furround-
ed our caftles, and that it was impoffible for us
to get out of them. Yes, Yonnondio, furcly
you mufl have dreamt fo, and the curiolity of
feeing f j great a wonder has brought you fo far.
Now you are undeceived, fince that 1 and the
warriors here prefenr, are come to afTure you,
that the Senekas, Cayugas, Onondagas, Oney-
does, and Mohawks, are yet alive. I thank
you, in their name, for bringing back into fheir
country the Calumet, which your predeceflbr re-
ceived from their hands. It was happy for you,
that you left under ground that murdering
hatchet that has been fo often died in the blood
of the French. Hear, Yonnondio, I do not
fleep, I have my eyes open, and the fun, which
enlightens me, difcovers to me a great captain
at the head of a company of foldiers, who fpeaks
as if he were dreaming. He fays, that he only
came to the Lake to fmoke on the great Calu-
met with the Onondagas. But Garrangula fays,
that he fees the contrary, that it was to knock
them on the head, if ficknefs had not weakened
the arms of the French.
" I fee Yonnondio raving in a camp of lick men,
whofe lives the great Spirit has faved, by in-
flidling this ficknefs on them. Hear, Yonnon-
dio, our women had taken their clubs, our chil-
dren and old men had carried their bows and
arrows into the heart of your camp, if our war-
riors had not difarmed them and kept them back,
when your meffenger, Ohguefle, came to our
caftles It is done, and I have faid it. Hear,
Yonnondio, we ptunderod none of the French,
■** but
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N E W - Y O R K.
•• but thofe that carried guns, powder, and ball to
*' the Twightwies and Cniftaghicks, becaufe thofe
arms might have coft us our lives. Herein we
follow the example of the Jefuits, who ftave all
the caggs of rum brought to our caftles, left the
*' drunken Indians Ihould knock them on the head.
Our warriors have not bever enough to pay for
all thefe arms that they have taken, and our old
men are not afraid of the war. This belt pre-
ferves my words.
*' We carried the Englifh into our lakes, to trade
there with the Utawawas and Quatoghies, as the
Adirondacks brought the French to our caftles,
to carry on a trade, which the Englifh fay is
theirs. We are born free j we neither depend
'* on Yonnondio nor Corlear.
' " We may go where we pleafe, and carry with
us whom we pleafe, and buy and fell what wfe
pleafe : if your allies be your flaves, ufe them
as fuch, command therp to receive no other but
your people. This belt preferves my words.
'* We knocked the Twightwies and Chiftaghicks
" 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 afted contrary to the cuftoms of all Indians ;
'*«* for they left none of the bevers alive, they killed
" both male and female. They brought the Sa-
** tanas * into the country, to take part with them,
" after they had concerted ill defigns agaiiift us.
*» We have done lefs than either the Englifh or
" French, that have ufurped the lands of fo many
** Indian nations, and chafed them from their own
«* country. This belt preferves ray words.
" Hear, YonnoVidio, what I fay, is the voice of
" all the Five Nations -, hear what they anfwer -,
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* By the French called Sauounons.
F 2 '* opc^
THE HISTORY OF
** open your ears to what they fpeak. The Se«
** nekas, Cayugas, Onondagas* Oneydoes, ard Mo«>
'♦ hawks fay, that when they buried the hatchet at
" Cadarackui (in the prefcace of your predecclfor)
" in the middle of the fort •, they planted the tree
" of peace in the fame place, to be there carefully
*' prefer ved, that, in place of a retreat for foldiers,
'♦ that fort might be a reiulezvous for merchants :
that in plaee of ^rms and ammunition of war,
bevers and merchandize Ihould only enter there.
♦* Hear, Yonondio, take care for the future,
that fo great a number of ii^diers as appear there
do not choftk the tree of peace planted in fo fmall
" a fort. It will be a great lots, if, after it had
*' lb eafily taken root, you fhould flop its growth,
" and prevent its coverir^ your country and opts
** Awith its branches. I aflure you, in the name of
" the Five Nations, that our warriors (hall dance
to the Calumet of peace under its leaves, and
iball remain quiet on their matts, and fhall ne^
ver dig up the hatchet, till their brother Yosr
nondio or Corlear Ihall either jointly^or feparately
'* endeavour to attack the country which the great
" Spirit has given to our anceftors. 'J his belt pre-
" ferves my words, and this other, the authority
" which the Five Nations have given me."
Then Gurrangula, addrefling himfelf to Mon-
iieur La Main, faid *' Take courage OhgueHTe,
you have fpirit, fpeak, explain my words, for-
get nothing, tell all that your brethren and friends
fay to Yonnondio, your governor, by the mouth
of Garrangula, who loves you, and delires you
to accept of this prefent of bever, and take part
with me in my feaft, to which I invite you. This
pifefent of bever is fent to Yonnondk), on the part
of the Five Niitk}ns."
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Enraged at this bold reply, De la Barre as foon
as the peace was concluded, retired to Montreal,
and
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and
NEW. YORK. ^
and ingtoriou/ly iinifhed an expenfive campaign,
as Doctor Coldcn obferves, in a fcold with an old
Indian.
De la Barre was fucceedcd by the Marquis De The Mnrquii dc
Nonville, colonel of the dragoons, who arrived [^JJ*,"',j^"'^J^.
with a reinforcement of troops in 1685. Thevemmentofc*.
marquis was a man of courage and an enterprifing "*'*** *" *"5«
fpirit, and not a little animated by the confidera-
ration that he was fent over to repair the difgrace
which his predeceflbr had brought upon the French
colony. The year after his arrival at '^^ebec, he
wrote a letter to the miniftcr in France, recommend-
ing the fcheme of erecting a ftone fort, fufficient to
contain four or five hundred men, at Niagara, not
only to exclude the Englifh from the Lakes, but
to command the fur trade and fubdue the Five
Nations. Dongan, who was jealous of his defigns,
took umbrage at the extraordmary fupplies fent tQ
Fort Frontenac, and wrote to the French Gover-
nors, fignifying that if he attacked the Confede-
rates, he would coniider it as a breach of the peace
fubfifting between the two crowns ; and to prevent
his building a fort at Niagara, he protefled againit
it, and claimed the country as dependent upon the
province. De Nonville, in his anfwer, denied that
he intended to invade the Five Nations, though
the neceflary preparations for that purpofe were
then carrying on, and yet Charlevoix commends
him for his piety and uprightnefs, " egalement efti- ■
'• mabk (fays the Jefuit) pour fa valeur, fa droiture
^^ i^ fa piete" Colonel Dongan, who knew the
importance of our Indian alliance, placed no con-
fidence in the declarations of the Marqi^is, but
exerted himfelf in preparing the confederates for a
war ; and the French author, juft mentioned, does
him honour, while he complains of him as a per-
petual obHacle, in the way of the execution of their
fchemes.
F 3 Our
70 THEHISTORYOF
Our allies were now triumphing \n uci: fuccifs
. over the Chigtaghics, and meditating va^ with
the Twiglitwies, who had difturbed thcrn in their
bcver hunting. De Nonvillc, to prevent the in-
terruption of the French trade witfi the Twight-
wies, determined to divert the Five Nations and
carry the war into their country. To that end, in
ileFJ'e*n!h''"*'^'^^7» ^^ collcdcd 2000 troops and 600 Indians,
agiinii the Sen. at Montreal, and ifTued orders to all the officers in
ato»t, 101687. the niore wefterly country, to meet him with ad-
ditional fuccours at Niagara, on an expedition
againft the Sennecas, An Englifli party under one
M*Gregory, at the fame time was gone out to trade
on the lakes, but the French, notwithftanding the
peace then fubfifting between the two crowns, in-
tercepted them, feized their efFedts, and imprifoned
their peribns. Monfieur Fonti, commandant among
the Chi(5taghics, who was coming to the Generara
rendezvous at Niagara, did the like to another En-
glifh party, which he met with in Lake Erie.* The
Five Nations, in the mean time, were preparing to
give the French army a fuitable reception. Mon«
fieur Companie, with two or three hundred Cana-
dians in an advanced party, furprifed two villages
of the Confederates, who, at the invitation and on the
faith of the French, feated themfclves down about
eight leagues from Lake Fadarackui or Ontario.
To prevent their efcape with intelligence to their
j,,jjyj^„j„y to countrymen, they were carried to the fort, and all
fume of their but thirteen died in torments at the {lake| flngihg
prifoneri. ^j^jj ^j^ hcroick fplrit, in their expiring moments,
the perfidy of the French. The rell, according to
the exprefs orders of the French King, were fcnt to
* Both thefe attacks were open infractions of the treaty
at Whitehall, executed in November 1686 ; by which it was
agreed, that the Indian trade in America, ihould be free to th^
£ngli(h and French.
the
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N E W - Y O R K.
the gallics in Europe. The Marquis having em*
barked his whole army in canoes, {ct out from the
fort at Cadurackui on the twenty-third of June,
one half of them palTing along the north, and the
other on the fourh fide tfie Lake j and both ar-
rived the fame day at Tyrondequait, and fliortly
after fet out on their march towards the chief vil-
lage of the Scnnecas at about fcven leagues di-
ftance. The main body was compofed of the re-
gulars and militia, the front and rear of the Indians
and traders. The fcouts advanced the fecond day
of their march, as far as the corn of the village,
and within piftol-fliot of five hundred Sennecas,
who lay upon their bellies undifcovered. The
French, who imagined the enemy were all fled,
quickened their march to overtake the women and
old men. But no fooner had they reached the foot
of a hill, about a mile from the villages, then the
Sennecas raifed the war Ihout, and in the fame in-
ftant charged upon the whole army both in the front
and rear. Univerfal confufion enfijed. The bat-
tallions divided, fired upon each other, and fled
into the wood. The Sennecas improved the dif-
order of the enemy, till they were repulfed by the
French Indians. According to Charlevoix's ac-
count, which may be juftly fufpedled, the ene-
my loft but fix men, and had twenty wounded in the
conflidt. Of the Sennecas, he fays, fixty were
wounded and forty-five flain. The Marquis was fo
much difpirited, that he could not be perfuaded to
purfue the enemy that day j which gave the Sen-
necas an opportunity to burn their village and get
off. Two old men remained in the caftle to re-
ceive the general, and regale the barbarity of his
Indian allies. After deftroying the corn in this
and feveral other villages, tne army retired to the
banks of the Lake, and eredted a fort with four
baftions on the fouth-eaft fide of the ftrei^hts at
F 4 Niagara,
71
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7i T Hi HI S TOR Y O F
Niagara, in Ivhich they left one hundred men, lin?
cif^r the conr^rfrartd of Lc Chevalier de la Troye,
with eight ttronths provifions ; but thefc being
clofely lylydkied up, all, except feven or eight of
them, who were accidentally relieved, perilhc^
through famine.* Soon after this expedition, Go*
i*!/!''*iJ'"!*°'"lonel Doiigan met the Five Nations at AJbahy^
the rive NaUpn»,^ ' -• .O <- t c if j
at Albany. To what lutent, appcsTs from the Ipeech he made
to thefn 0*11 the 5th of Aviguft, which I choofe to
lay before the reader, to Inew his vigilance and
?eal foT the intpr<eft of his mafter, and the commoii^
\ycal of the province comnjittetl to his care.
Governor Don-
ga n*« fpeech to
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^' Brethren,
** I am very glad to fee you here in this houle,
and am heartily glad that you have fultained no
greater lofs by the French, though I believe it
Was their intention to deftroy you all, if they
could have furprifed you in your caftles.
" As foon as I heard their deiign to war with
yoli, I gave you notice, and came up hither
*' mylelf, that I might be ready to give all the af-
^' fiance and advice, that fb Hiort a time would
" allow me.
" I am now about fending a gentleman, to Eng^-
" land to the King, my mafter, to lethim know, that
^' the French have invaded his territories on this fide
of the great Lake, and warred upon the bre-
thren his fubjedts. I therefore would willingly
^' know, whether the brethern have given the Go-
(C
«
* Nothing can be nior<; perfidious and unjuft, than this at-
tack upon our Confederates. The t^%'o crowns had but juft
concluded a treaty for the prefervation of the peace : La Non-
tan, one of the French hiftorians, cenfures De Nonville's con-
dua, and admits the Britifh title to the command of the lakes^
but Charlevoix blames him', as he does Hennepin, De L'Ifle,
and ever^ other author, who cotifefles the truth, tothe prejudice
of the ambitious claims of the court of France.
vsrnor
iji»lflS:.:3
N* E #.V O k K.
<* Verhof df Canada ahy provocation or ndt ^ and ,
if they have, how, and in what rtiaftn^i-j bc^-
caiif^ i sLtti ojbiiged to' give a true accotint of
this matter. This bufiiiefs niay caiife a Wat be-
t^€ti the Kifig of Ettglirid, and' the French
King, both in Europe and heft, and theix£6tel
^' muff kn6w the truth,
«* I kA6W the OcivtttiOt 6f Cartada dart? not ^li-
ter into the Xing' 6f England's tetfitofies, in a
hoftile iiianner, without provocation, if he
thought tiie bfethfdn Were the Kltig 6i fihg-
land's fubj^dts j bift you have, two Of three years ,
a^o, made a Covenant Chain Ivith the French,
^' cdntrary to niy cortimiand (which t kric^ cbtiid
** hot hold long) being void of itfelf ilrtiong the
^' chfiftians -, for as much as fubjedts (^s yoii affc)
^'^^ bught not to treat with any foreigrt nkidn, it
^« not lying in yotir power. You nkve bi^otight
this trouble on ydUrfelves, and, as I believe,
thfs i3 the Only rC^foh of their falling otti ydu at
this tirri^.
" Brethren, I took it very ill, that after you
had put yourfelves into the number of the great
King of Englarid*s fubjedts, you fhould ever of-
fer to make peace or war, without my confent.
You kfioW that we can live without you, but
you cannot li^t without us j you never found
that I told you a lie, and I offered you the af-
fiftancfe you wanted, provided that you would
be advifed by me •, for I know t|ie French* be^*
ter than any of you do.
" Now fince there is a war begun upon you by
the Governor of Canada j I hope without any
*' provocation by you given 5 I defire and- com-
" mand you, that you hearken to no treaty but
^* by my advice ; which if you follow, you (hall
*^ have the benefit of the great chain of rriendftiip
f * between the great King of England, and the
4 " King
IS
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THE H LS T O R Y O F
King of France, which came out of England the
other day, and which I have lent to Canada by
Anthony le Junard ; in the mean time, I will
give you fuch advice as will be for your good ;
aiid will fupply you with fuch qeceifaries as you
will have need of.
" Firft, My advice is, as to what prifoncrs of
the French you fhall take, that you draw not
their blood, but bring them home, and keep
them to exchange for your jieonle, which they
have prifonners already, or may take hereafter."
** Secondly, Tliat if it be poflible that you can
order it fo, T would have you take one or two
of your wifeft Sachems, and one or two of your
chief captains, of each nation, to be a council to
manage all affairs of the war. They to give or-
ders to the reft of the officers what they are to
db, that your deligns may be kept private -, for
after it comes among fo many people, it is blazed
abroad, and your defigns arc often fruftrated ;
and thofe chief men flbould keep a correfpon-
dence with me by a trufty meilenger,
" Thirdly, The great matter under confidera-
tion with the brethren is, how to ftrengthen
themfclves, and weaken the enemy. My opi-
nion is, that the brethren ftiould fend mcflengers
to the Utawawas, Twichtwies, and the farther
Indians, and to fend back likewife fome of the
prifoners of thefe nations, if you have any left,
to bury the hatchet, and to mal^e a covenant-
chain, that they may put away all the French
that are among them, and that you will open a
path for them this way (they being the King
of England's fubjefts likewife, though the French
have been admitted to trade with them •, for all
that the French have in Canada, they had it of
the great King of England) that, by that means,
they may come hither freely, where they may have
" every
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N E W - Y O R K.
■^ every thing cheaper than among the French :
♦' that you and they may join together againft the
*' French, and make fo firm a league, that whoever
^s an enemy to one, muft be to both.
" Fourthly, Another thing of concern is, that
you ought to do what you can to open a path
*' for all tlie north Indians and Mahikanders that
^^ are among the Utawawas and further nations.
*' I will endeavour to do the fame to bring them
^' home. For, they not daring to return home
^* your way, the French keep them there on pur-
^' pofe to join with the other nations againft you,
" for your deftru6lion, for you know, that one of
f' them is worfe than fix of the others ; therefore
" all means muft be ufed to bring them home,
^' and ufe them kindly as they pafs through your
" country.
•* Fifthly, My advice further is, that meflen-
*' gers go in behalf of all the Five Nations, to the
^* Chriftian Indians at Canada, to perfuade them
to come home to their native country. This
will be another great means to weaken your ene-
my ; but if they will npt be advifed, you know
?' what to do with them.
" Sixthly, I think it very neceflary for the bre-
♦* thren's fecurity and affiftance, and to ^Ivi* endamag-
ing the French, to build a fort upon the lake,
where I may keep ftores and prr, vlfiori m cafe of
neceffity ; and therefore I would hr^ /e the bre-
thren let me know what place will l>e moft con-
f' venicnt for it.
" Seventhly, I would not hrvc the brethren
keep their corn in their caftles, as I hear the
Onondagas do, but bury it a great way in the
woods, where few people may know where it
is, for fear of fuch an accident as happened to
the Sennekas.
^* Eighthly,
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T HE HIST OR T O F
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Elghtly, I have given my advice in your ge-
neral affembly, by Mr. Dirk Weffels and Akus",
•* the inecrpreterj, how you are to manage your paf-
" ties, and how ncceffary it is to get prilbners, t6
*• exchange for your own men thjtt are prifoners
*« with thcj French, and I am glad to hear that the
" brethren are fo united as Mr. Dirk Weffels tells
** me you ar^, and that there was no rotten mem-
** bers tior Fi-fcrtch fpics among you.
*' Ninthly, The brethren may remember my
*' advice which 1 fent ycu this fpring, not to go
** fo C^arackui j if you had^ they would have
fetved you, as they did your people that came
from hunting thither, for I told you that I knew
•* the French better than you did.
*' Tenthiy, There was no advice or propofi-
" tion that I rnade to the brethren all the time that
** the prieft liVed at Onondaga, but what he wrote
** to Canada, as I found by one of his letters, which
** he gave to an Indian to <jarry to Canada, but
*' which was brought hither; therefore, I defire the
brethren not to receive him, or any French Prieft
any more, having fent for Englifli priefts, with
whom you may be fupplied to your content.
*' Eleventhly, I would have the brethren look
** out (harp, for fear of being furprifed, I believe
all the ftrer^th of the French will be at their
frontier places, viz, at Cadarackui and Oniagara,
where they have built a fort nt ^^', and at Trois
Rivieres, Montreal and Chambly .
" Twelfthly, Let me put you in mind again^not
to make any treaties without my means, which
will be more advantageous for you, than your do-
ing it by yourfelves, for then you will be looked
upon as the King of England's fubjefts, and let
me know, from time to time, every thing that is
done.
** Thus far I have fpoken to you relating to the
^* war."
Not
N E W - Y O R IC.
Not lone after this interview, a conficjerable party
of MohawKs and Mahikandcrs, or River Indians,
iiefetFort Chambly, burnt feveral hQufes, and re-
turned with many captives to Albany. Forty
Onondagas, about the fame time, furprifed a few
foldiers near Fort Frontenac, whom they confined
inftead of the Indians fent borne to the galljes, not-
withftanding the utmoft addrefs was ufed to regaiij
them, by Lamberville, a French prieft, who delivered
them two belts, to engage thsir kindnefs to the pri-
foners, and prevent their joining the quarrel with the
Sennecas. The belts being fent to Colonel Don-
gan, he wrote to DaNonville, to demand the reafon
of their being delivered. Pere le Vaillant was fent
here about the beginning of the year 1688, under
colour of bringing an anfwer, but in reality as a fpy.
Colonel Dongan told him, that no peace could be
made with the Five Nations, unlefs the Indians fent
to the galleys, and the Caghnuaga profelytes were
returned to their refpeftive Cantons, the forts at
Niagara and Frontenac raifed, and the Sennecas
had fatisfadion made them, for the damage they had
iijftained. The Jefuit, in his return,* was ordered
not to vifit the Mohawks.
Dongan, who was fully fenfible of the impor-
tance of the Indian Intereft to vhe Englifh colonies,
was for compelling the French to apply to him in
all their affairs with the Five Nations-, while they,
on the >t:her hand, were for treating with them inde-
pendent of the Englifh. For this reafon, among
others, he refufed them the affiflance they frequent-
ly required, till they acknowledged the dependence
of the confederates on the Englifh Crown, King
James, a poor bigotted, popifh, priefl-ridden prince,
ordered his governor to give up this point, and to
pcrfuade the Five Nations to fend meflengers to
Canada, to receive propofals of peace from the
French. For this purpofe, a ccfTation of arms and
mutuTal
77
Not
7«
THE HISTORY OF
mutual rc-delivcry of prifoners was agreed upon.
Near 1200 of the confederates attended this negoti-
ation at Montreal, and in their fpeech to De NonviHe,
Infifted with great refolution, upon the terms propo-
fed by Colonel Dongan to Father le Vaillant. The
French governor declared his willingn,efs to put an
end to the war, if all his allies might bi^ included in
the treaty of peace, if the Mohawks and Sennecas
would fend deputies to fignify their. concurrence,
and the French might fupply Fort Frontenac with
provifions. The confederates, according to the
French accounts, acceded to thefe conditions, and
the treaty was ratified in the field. But a new rup-
ture not long after enfued, from a caufe entirely un-
fuff efted. The Dinondadies had lately inclined to
the Englilh trade at Miffilimakinac, and their alli-
ance was therefore become fufpedted by the French.
Adario, their chief, thought to regain the ancient
confidence, which had been repofed in his country-
men, by a notable action againlt the Fire Nat'ons ;
and for that purpofe put himfelf at the head of 100
men : nothing was more difagreeable to him, than the
profped of peace between the French and the con-
federates; for/that event would net only render the
amity of the Dinondadies ufelefs, but give the
French an opportunity of refenting their lajte favou-
rable condud towards the Englifh. Imprefled with
thefe fentiments, out of affedlion to his country, he
intercepted the ambafladors of the Five Nations,
at one of the falls in Cadarackui river, killed fome,
and took others prifoners, telling them that the
French governor had informed him, that fifty
warriors cr >he live Nations were coming that way.
As the Dinondadies and onfederat^s were then at
war, the liMbafladors were aftonifhed at the perfidy
of the French governor, and could not help com-
municating the defign of their journey. Adario, in
profecution of his crafty fch^me, counterfeited the
utmoU
:n at
fidy
om-
m
the
noi):
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N £ W - Y R K. if
utmoft diftrefs, anger, and ihame, on being made
the ignominious, tool of De Nonville's treachery,
and addrefrmK himfelf to Dekanefora, the principal
ambaffador, laid to him, " Go, n,y brethren, I un-
*' tie your bonds, and lend you home again, though
•' our nations be at war. The French governor
** has made me commit fo black an aftion, that I
fhall never be eafy after it, till the Five Nations
Ihall have taken full revenge." This outraf^e
and indignity upon the rights of ambaffadors, the
truth of which t^iey did not in the leaft doubt, ani-
mated the Confederates, to the keeneft thirft after
revenge; and accordingly 1200 of their men, on
the 26th of July 1688, landed on the fouth fide ofAttackofMo.-
thc ifland of Montreal, while the French were inVJJg'.J"*^***
perfeft fecurity -, burnt their houfes, facked their
plantations, and put to the fword all the men, wo-
men, and children, without the flcirts of the town.
A thoufand French were flain in this invafion, and
twenty-fix carried in captivity and burnt alive.
Many more were made prifoners in another attack
in OAober, and the lower part of the iQand wholly
deftroyed. Only three or the Confederates were
loft, in all this fcene of mifery and dcfolation.*
Never before did Canada fuftain fuch a heavy Diftreft of th«
blow. The news of this attack on Montreal no^*""*'"**
fooner reached the garrifon at the lake Ontario,
than they fet fire to the two barks, which they had
built there, and abandoned the Fort, leaving a match
to 28 barrels of powder, defigned to blov/ up fhe .
works. The foldiers went down the river in fuch
precipitation, that one of the battoes and her crew
were all loft in fhooting a fall. The Confederates
* I have followed Dr.. Golden in the account of this attack,
who differs from Charlevoix. That Jefuit tells us, that the
invalion was late in Auguft, and the Indians 1 500 ftrong ,
and as to the loi's of the French, he diminiihes it only to 200
fouls. ' * -
in
fMM
8o
Proceedings at
New-York, in
favour of 'the
Prince of 0>
nage.
THE HISTORY Qf
ifl the mean time feized the Fort, thepowcjcir. and
the ftoros j and of all die French dlies,' whb Wfere
vafMy numerous, only the NepicifiniahSf arid Kikii-
bous adhered to thcnl jii' their dalamitids. Ithc
Utawawas and fcven other nations inftantly imat)^
peace with the Englifh J. and but for the iincotir?-
mon fagacity and addrefs of the* Sieur Peroti tjje
"Weftern Indians wbuld have murdered every
Frenchman amongft them. Nor did the dH^refles
of the Canadians end here. Numerous! fcouts from
the Five Nations, continually infefted their borders.
The frequent depredations* tnat were rni^de, prfev^Cnt-
cd them from the cultivation of their fields, and a
diftreffing famine raged through the whole Cb\jh-
try. Nothing but the ignorance of the Indians, in
the art of attacking fomfied places, faved Canada
from being now utterly cut off. It was thCref^ire
unfpeakably fortunate to the French, that the' In-
dians had no affiftancefrom the Englilh, and ast^rt-
fortimate to us, that our colonies were then incapa-
ble of affording fuccours to the Confederates,
thrpugh the malignant influence of thofe execrable
meaflires, which were purfued under the infamous
reign of king James the Second. Colonel Dongan,
whatever his conduct: might have been in civil af-
fairs, did all that he coulc) in thofe relating to the
Indians, and fe\l at lafl into the King's di^lcafuire,
through his zeal for the true interelt of the prb-
vince.
While thefe things were tranfafling in Canada, a
fcene of the greateft importance was opening at
New- York. A general difaffeftion to the govern-
ment prevailed among the people. Papifls began
to fettle in the colony und«r the fmiles of the go-
vernor. The colle^pr of the revenues, and feveral
principal officers, threw off ;he mafk, and openjy
avowed their attachment to the dodrines of Rome.
A Latin fehool was fet up, and the teacher ftrdngry
fufpelJled
fufp
who
N E W - Y O R K;. ' ¥i
fufpeAcd for a Jcfuit. The people of Long-Iflandj '*
who were difappoinud in their expc<5tation of
mighty boons, promifed by the governor on his ar-
rival, were become his perfonal enemies j and in a '
word, the whole body of the people trembled for
the proteftant caufe. Here the leavfn of oppofi-
tion firft be^an to work. Their intelli^^cnce from
England, ot the defigns there in favour of the prince
of Orange, blew up tlie coals of difcontenr, and ele-
vated the hopes of the difaffected ,. But no man
dared to fpring in a<5tion, till after, the rupture in
Bofton. Sir Edmond Androfs, who was perfeftly
devoted to the arbitrary mei»fures of King James,
by his tyranny in New-EngUnd, had drawn upon
himfclf the univerfal odium of a people, animated
with the love of liberty, and in the defence of it re-
folute and courageous •, and therefore, when they
could no longer endure his defpotic rule, they fcized
arid impriloncd him, and afterwards fent him to
England. The government, in the mean time, was
vefted in the hands of a committee for the fafety of
the people, of which Mr. Bradftreet was chofen pre-
fident. Upon the news of this event, feveral cap-
tains of our mi!itia convened themfclves to concert
meafures in favour of the prince of Orange. A-Aaivityof ja-
mongft thefe, Jacob Leifler was the moft adive.*^"'' Ltidcu
He was a man in tolerable efteem among the peo-
ple, and of a moderate fortune, but deftitute of eve-
ry qualification neceflary for the enterprife. Mil-
borne, his fon in-law, an Englifhman, diredled all
his councils, while Leifler as abfolutely influenced
the other officers.
The firft thing they contrived, was to feize th^
garrifon in New- York; and the cuftom, at that
time, of guarding it every night by the militia, gave
Leifler a fine opportunity of executing the defign
He entered it with forty-nine men, and determined
to hold it till the whole militia Ihould join him.
Cgloncl Dongan, who was about to leave the pro-
G vince.
■'
'i
THE HISTORY OF
vinCc, then hy embarked in the Bay, having a little
licforc refi^ned the go^crnnnent to Frtncis Nichol-
fon, the lieutenant-governor. The. council, civil
officers, and magiftrates of the city were againft
Leifler, and therefore many of his friunds were at
firft fearful of openly efpoufxng a cv:.k diliipproved
by the gentlemen of figure. For this reafon, Lei-
(ier's firil declaration in favour of the prince of Q-^
range was fubfcribed only by a few, among icveral
companies of the trained bands. While the peo^
pie, for four days fucceflively, were in the utmoft
perplexity to determire what part to choofe, being
folicited by Leifler on the one hand, and threatened
by th^ lieutenant-governor on the other, the town
was alarmed with a report, that three {hips were
coming up, with orders from the prince of Orange^
This falfehood was very feafonably propagated to
ferve the intereft of Leifler •, for on that day, the
3d of June 1689, his party was augmented by the
addition of fix captains and 400 men in New- York,
and a company of 70 men from Eafl:-Chefl:er, who
all fubfcribed a fecond declaration, * mutually cor
venanting to hold the fort for the prince. Colonel
Dongan continued till this time in the haorbQur,
* I have taken an tx^St gopy of it for the fafi8fa£lion of the
reader. ** Whereas our intention, tended only but to the pre-
«t - • - - - ■ - '-
it
((
ti
fervation of the proteflant religion, and the fort of this citty,
to th^end that ue may avoid and prevent, the rafh judgment
of the world, in fo juft a defign ; wee have thought fitt, to
let every body kiK)w by thefi. publick proclamation, that till
the fafe arryvell of the fhip'=, .hat wee exped every day,
fton'i his Royal Highnefs the Prince of Orange, with orders
for the government of this countrj' in the belialfof fuch per-
fon, as (he faid Roygl Highnefs had chofen, and honored
with the charge of a governour, that as foon as the bearer
of the faid orders, fhail have let us fee his power, then, and
without any delay, we fliall execute the faid orders punftu-
ally ; declaring that we do intend to fubmitt and obey, not
only the fa:d orders, but alfo the bearer thereof, committed
for the execution of the lame. In witnefc hereof, wc have
fijjjned thefe prefents, the third of June 1689."
• waiting
N E ' W . Y O R K.
waiting the ifllie of thefc commotions •, and NichoU
Ton's party being now unable to contend with their
opponents, were totally difperfcd, ilr^ licutenantr
governor himfclfablconding, the very n'ght afier
the laft declaration was figned.
b.Leifler being now in compleat poflTerfion of the
fort, fen t home an addrels to King William and
Queen Mary, as foon as he received the news of
their accelfior to the throne. It is a tedious, incor-
red, ill-drawn narrative of the grievances whicl^ the
people had endured, and the methods lately taken
to Tecure themidycs, ending with a recognition of
the King and Queen over the wL.- P-nglifh domi-
nions.
'; This addrefs v/as foon followed oy a jjrivate let-
ter from Leifler to King William, which, in very
broken Englifli, ii\forms his Majefty of the ftate of
the garrifon, the repairs he had made to it, and the
temper of tl^e people, and concludes with ftrong
proteftations of his fincerity, loyalty and zeal. Joft
Stoll, an enfign, on the delivery of this letter to the
King, had the honour to kit's his Majelby's hand,
but Nicliolfon the lieutenant governor, and one En-
nis, an epifcopal clergyman, arrived in England be-
fore him ; and by falfely reprefcnting the late mea-
fures in New- York, as proceeding rather from their
averfion to the church of England, than zeal for the
Prince of Orange, Leifler and his party miffed the
rewards and notice, which their adivity for the Re-
volution juftly deferred. For though the King
made Stoll the bearer of his thanks to the people
for their fidelity, he fo little regarded Leifler*s com-
plaints againft Nichollbn, that he was foon ^fter pre-
ferred to the government of Virginia. Dongan re-
turned to Ireland, and it is faid fucceeded to the
earldom of Limerick.
Leifler'-s fudden invelliture with fupreme power
over the province, and the probable profpcfts of
King William's approbation of his condu<ft, could
G 2 not
II
IMAGE EVALUATION
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FholDgraphic
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23 WIST MAM STMIT
WnSTII,N.Y. 14SM
(716)t7i-4S03
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H
iiot but excite the ehvyandjealaufyoftheli^tecpjunj
cil and magiftrates, who hi^ r|5fq%i to, jqift li^ f\\^
glorious work of the. Revolution i,\?^p4 henqertlw^
5)ring of all their averfion both tp,^h^, ,m^. ^fi, h^
meafures. Colonel Bayard, arid, , iC?ov»jrtJ^pd|?)3?^
Mayor of the city, were at the hea^MTW hi« oj^^i^
nents, and finding it impofiiblf to railje ja^^i^Qf
againft him in the city, they very, ^ar^y, rfiijrpa^ {tp
Albany, and there endearoured to fon^qrit jhe ppj^r
fition. Leiflcr, on the other hand, fearfvl jof ydfeir
influence, and to extinguifh the jealoi^fy of theip^q^
pie, thought it prudent, to admit feyeralitruftyffif- ,
,fons to a participation of that power, which the Rjif-
Jitia pn the iftpf July had con?piittedibiely.tQ^ifl?{-
ielf. In conjynftiop with thefe,; (whpi fftfij-jtjip
JBpfton example, were called the ^pmmittjee^f i^ftjijO
heexercifed thp government, »ffu^i|pg tOi;i^i|]i}ffijf
ohly, the hoftpuT.of being prefidentt in tl^eirr^^^i^-
cils. This piodel continued till the, month pfirPi?-
ccmber, wj|ien:^ packet arrived with i^ letter ^flfpJp
nhe Lords Qai"ma*"^^^"» Hailifax, and ,oti|^rs,r,(4i-
•refled " To Francis Nicholfon, ^fq; orjin /4?,i^^-
_f,'(faicei to fuch as for the time being, ^keq^f^rfpr
" prel"er\'ing the peace and admjiiiilri^^ j^lj^iij^y^s,
** in their Maje»1y*s province of Ne)yTXQrjt>',io A-
" .merica." This letter was dated tl|e^9thjp|f Ju-
ly, and was accompanied with another: fw^JfirJ^Td
Nottingham, d^ed the next day, which, ,^ftflf (em-
powering Nichplfoa to take upon him th!?rtcb>ef
ijcornmand, and to appoint for his afll(laR<;^'a^,mafiy
of the principal freeholders and in%bican^s, -^s^^Jie
; Ihpuld think fit, requiring alfo "' tQ4o e^eiryut^^fig
appertaining to the office of lieutenantrgpv^efi^^r,
according to tl>c laws and cuftppiSiPfl NcVfrYf^frk
;f * until further orders/* ] , , ; j j
Nicholfon l:)ci|igabfconded when this parket>caine
to hand, Leifler ccnfidercd the letter as diredted to
himfelf, and from this time iffued all kinds of com-
et
as
N E W - Y O R K. 8;
miflions in his own name, alTuming the title, as well
a^ ai«;hority iof lihitcnartt^governori On thte nth
ofjDt^ettiber, he llirtimoned the committee of fafe-
tjri'artd, agreeable to their advice, fwoFe the follbw-
ittipfei'fons for hH council. Peter de Lanoy, Sa-*
rii^eiStaatS, Hendrick Janfen, and Johannes Ver-
rWilic, for New- York.' Gerardus Betkttlan, for
Wi^gs County. For Queen*s County, Samuel Ed-
M i°Thomas Williams for Weft-Chefter, and Wil-
MiH 'Lawrence for Orange Cbunty .
'^ 'txtept the Eaftern inhabitants of Long IQahd,
illlthe Southern part of the colorty chearfully fub-
iiiitted to Leifler's command. The principal free-
holders, however, by refpeflful leiiter^, gave him
hbjses of their fu bmifllon, and thereby prevented his
betaking himfelf to arms, while thtf vftte pirivately
, foliciting the colony of' Corineifticut, to take them
under its jurifdidlion. They had indeed no averfton
td Lciflei^s authority in favour of any other ^arty
in the proviiice, but were willing t6 be incorporated
S^itK a people, from whence they, had originally co-
lonized i and therefore, as foon as Connefticut de-
'dined their requefv, they openly appeared to be ad-
vocates for Leifler. At this ]un<5luire the Long-
Blaind reprefentation was drawn up, which 1 have
^ot-e than once liad occafion to mention.
'^ The people of Albany, in the mean time, were '^^^J^^'^fXtlto
' dfcterttiined to hold the garrifon and city for KingfubSJtoLlf-
'Willtkm, independent of Leifler, and on the 26th of •"'"''^•>°"'y-
"ddober, which was before the packet arrived from
('L6t"d Nottingham, formed themfelves into a con-
' ychtidn for that putpofe. As Leifler's attempt, to
Ite^uice this country to his^ command, was the origi-
'nal ciufebf the future divifions in the province, and ,
' ih^thii cfhd brbught about his pwi^ ruin, it may not
be improper to fee the refolution of the convention,
' it copy of Which was fent down to him at large.
1 ■> ^M?''-^^''' k-'r?tV^0yr^ ^rvr* r..«',- Peter
■fft
Bi
TH-^ It IQTO R Y «0*
Peter Scbuyler^ lklay<w» yAihmC^tilAifAi, / <:>m,i ^:<^'r6iii'-'^nr,inli
Dirk Weflels, ^ccorda^j EUv.id S^uyl^f, **'
Tan Wcndal,
Jun Jan!
r««Mk!
KillianVikeiinaenJuffide, * • J.)bnCuyIer, ''^ r^'^^P* X^^^J^^^^'
GeWit Ry«ri«,')irii »M'*jr!3 yd eO;M^
Evert Baoker»i ;Mi6i\\f}v'no) Mnm
Ry^iierBareut^,^^^^.'^,;^^ bfi. b-rir/
Capt. Martir O'^titfe, Juftice,
C;»pt. GerritTeuoiflt,;
Dirk TeuniiTe. Juflice,;,
Lieut. KoDeit Saunders,
((
*' Since we are infbrrrted by perfons cdrtiTi^^ ii^rk Newi
* York, that Capt. Jacob Leiller is defigried x.^'{fM)X^'U cbrti-
' panyof armed men, lipoii pretehcetq aillft'iis Iri'thisi^biifi-;
' try, who intend to make themfelrcs mafteir bf' fcliieirMajei^-^
' flies fort and this City, and cirry diver's perfon's a(nd thief dffi- .
' cers of this city prifoheri'io Nevv-YoVk, and To dilqtifet ^nd :
' diiUirb their Majefl:ies liege pedrilfc, that a letter' be ^ tilt' itf'|
' Alderman Levinus Van Scfiate, noW ^t NfeW-YbrW, 'ihd;
' Lieutenant JocHimStaets, to' iHake narrow ertqility bf the'
' bufmefs, and to fignify to thfe fald Leiller, thsit'wc 'h!9(vc H^i'
' ceived iiich information-, and withal adqpaint hiit'l,' tHalt^
* notwithllandiiie we have the alliftarice br ninety- fivi ibeh "
' from our neighbours of New-England, who are flow gone.
' for, and one hifndred men upOn occafion, to comnband, fiom
* the county of iJIfter, which we think will be fufficjent this
' winter, yet we will willingly accept any fuch afiiftalnc^ as
* they fhall be pleafed to fend fdr the defence of their Majefties
* county of Albany : provided, they be obedient to, afld ofcey
* fuch orders and commands, as they ftiall, from time' to tifeie,
* receive from the convention •, and that by nb means tK^ will
* be admitted, to have the command of their Majefties fort or
' this city ; which vve intend, by God's affiftance, to keep ari(^
' preferve for the behoof bf their Majefties William and Mary,
* King and Queen of England, as we hitherto have done
^ fince their proclamation ; and if you hear, that they perfe-
' verewith (uth intentions, fo to difturb the inhabltarits o£
' this coun'ty, that you then, in the name and behalf of the
* convention aind irihabitarits of the city and county of Alba-
' ny, proteft againft the faid Leiflcr, and all fuch perfbns that
' fhall make attempt, for all loHes, damages, blood-fhed, or
* whatfoevel- mifchiefs may enfue thereon; whichyou are to
* communicate with all fpeed, as you perceive their defign."
d .o^lv^j
N ,E W wY OR K. : 8^^
Taking i t for granted, thtc Lcifler at New^Yotk, Remarks on ib«
and the convention at Albany, were equally affect- p„tie«.
ed tothe Revolution, nothing could be more egre- .
gioufly fboHOi, than the condud' of both panic?,
whOi by their inteltinc divifions, threw the province
into convulfions, and fowed the feeds of mutual ha-
tred and antmofity, which, for a long time after,
greatly embarraffcd the publick affairs of the qolony.
W^^ Albany ifteclared for the Prince of Orgnge,
tl?R»ip^ yft^9. nothing elfc that Leiflen could properly
i:9q}|ire; an^ rather than facrifice the publick peace
Qf the: province, to the trifling honour of refifting a
n?ft^ jvvJip had no eyil defigqsj Albany ought in pru-
dqfTce to have delivered the garriion into his hands,
^illthc King's definitive ecdersihould arrive. But .
^^eLeiderrOQ'the one hand, was in<^briated with
h^ lUQW-gotten power, fo pn.the other, Sayard,
Cqur^wd, S<ihuyler» and others^ couldjiot brook a
f^^niiiSion to the authority of ,a. m^n, ; mean in ^is
a^itiesyandjnfcifior in his degree.. Animated by
i;fiefe principles,, both, parucs prepared, the one to
redv^ce, if I , may xife the exprefcon, the other -to re-
tain, the garrifiw of Albany* Mr. Livingfton, a
pripcjpal agent for ^hc convention^ retired' into Cori-
De^ipuvtP fp^icit the aid of that colony, forthe pro*; ^
tc^ionqf the frontiers againfttJie French. Leiflec
fufpe^g that they were to be ufed againft him, en-
cleavoured not only to prevent thefe Jfupplies, but
lyrote, letters, . eo have Ltvingfljon apprehended, as
an «nemy , to the reigning powers, and to procure
fuccours fromrfiofton, f mkiy reprefcnted tlte con- ^
yention, as in thC'intereft of the French and King
James. .. ,,,,.,,.,,,■!.',,....
i Jacob Milbomc was com^iflioncd for the re-,
duftion of Albany. Upon his , arrival there, a great ^
number of the inhabitants armed themfelves and re-
paired to the fort, dien commanded |?y Mr. Schuyler, .
while many others followed the other members of
the convention, to a conference with hiin at the city ^
G 4 hall.
8S
THE HI ST DRY O F
hall. Milbome, to profelyte theibrawd;,idffdaimed: :
much againft King< Jarhesv ppp^oyV ondit arbitrary.'
power 'y but his oratory vf as i loft ^ipon i the hearers jt
who, after feveral meetingSyftill adhered to dheeci^ti
ven]ion^ Miioorne then ladvanGed with aitsw meil')
up to the fortv and Mr. Schuyikr hadiftheajtmoibi
difficulty to prevtent both, his owomeo^miditfabNIoui
hawks^ "who were then in Albany,; and jieribdbly'doMf
voted to his fervioe, from firmg >upaR MlUsomefs'i
party, which confifteil of an indonfiderabkinunibbr.
In thefe circu milianceSy he thought p]xii)elF:td^fecr^at^^
andfoon after departed from Albany: in ihejfpring^^
he commanded another {)arty upoil thefahieie;prandv^
and the dilVrefs of the: country on an Indiah; irrupt-
tion, gave; him ali the defirkd fuocefs. N6^^ lomibrv
washepoiTeifed ofthe garrifon, than. moil) bfit|tel
principal membersi of i : the convention ^ abfcofidcki} )
Upon which, ' their cffeds wdre iarbjtrari^ 'Ibizeci t.
and conBfcated, 'which fo/ iiighly 6kafperat^jcipe:>
fufferers, that their poflierityi, to this^dayfCinnof*
fpeak of thefe troublesv without the bitterdb^invec-'
tives againit Leider and all his adherents, i i " i ' >
' In the midft ofithofe mteftine confufions an >N<^-
York, the people of New-England iwemengag^din' '
a war with the Owenagungasy Ourai^s^ .andii^c*no-
ooks. Between thefe and> the Schakook Indians,'
there was then a friendly cornmuni^dttorii 'Sanid'the^
fame was fufpededof the Mohawks, among! ivh^'
fome of the Owenagungas had taken fanfbcvary.
This gave rife to a conference between feveral coiti-
n^idioners from Bofton, Plymouth, and Connecticut,
tionsat Albany, and thc Five Nations, at Albany, in September
'' 1689, the former endeavouring to engage the latter,
agalnft thoie eaftefn Indians who were then, at war
with the New-England colonies. Tahajadoris, a
Mohawk Sachem j in a long oration, anfwered the
EnglUh meifage, ^d however improbable it may
feem to Europeans, repeated all that had been faid
the preceding day. The art they have in affifting
their
A war between
tne people of
New-£ni{land
and the eaftern
Indians.
A conference
with the five
confederate na
1 N ■E>iW).!Y- di'RiKi \
tl)feiii imbnBf(»rii99/b ithisj ^ Thtf Saphem who ' preOcUl^ i
h^ ja JiUnclliBcf^ Q:^aks(>'pre(iared for the purpofe, and
at^'tbo olbifiiof iccifi^ry I|irincip4 article o£ the melTage
dciivwrfidico thomygives 9. ftick to another Sachem
charging^ thsntii iwk^ tiaei renoembrance of it. By diis
iil^nfi i tbet.ortacoir ii aifbr a'vpreyious ; conference with
theifndfUinsifi^prppared to repeat: every 1 part of the
ineflag0^ aindgiJvflut itaptc^per reply. This cuftom.
|S'iiiv»vikb[l^ pforfMed^in . ajil their publick treaties.
iliho aoniebeiuta did not anfwer the ex pcdation of
tli6;peopkiG£*i^«iy-Eip(^ai!id^ jtlie > Five Nations dif- <
cayefi||g;,agr^at.difi>nclinatiqn to join < in the hoftiii^
tiesniagainib. the Eailern ; Ir|dians. . . To atone for
Vfhiehijtheytg^vetbe highieft proteftations, of their
^iHngnefsfjto dillcofs^ die Frcnchy^iiift' whom the
]^||lim hfl^ deGlare4'^^ii, on the 7thof M^y pre^
ceidbbga^iThat: pan <^ the fpeech ratifying -their
iti^mii^ <WUh[ ithe En^liih^olonies, , is Angularly .
exfto'efied. f » We bromife- to prefcrve the chain in-
^^iyiobbb^filwadi wifh that the fun may always ihine
'l^/^iivpeape^oMeif all our heads ,that are comprehend-
*^ ed in this chain. *^ Wie give two belts. One for
'^.jt2)iB.fuQ,'ainditha other for its beams^ 1 We make
*'^if;ii|v|^jn)ots of;th^ tree of peace and tranquility
*ViWibichii8 planted in this place. Its roots Extend
".rmifarl as <the utmoft of. your colonies, if the
*» jiFr^nch (Hould come to Ihake this tree^ we would
ufe'>itl^ ythemotioaof its roots, which extend
injtO'OUB country. But we tr-uft it will not be in
'^/the, Governor of Canada's pawer to Ihake this
" tree* which has been fo firmly, and long planted
"■; wkhiUS." f, ■ [ fK^ij^ifi, >^>*,i'fjt, hj\i- biu.
If oohttig could have been moi« advantageous to
thefe colonies, and efpccially to New- York, thaii
%
((
((
^^;ir)ie Indian conception of the league between thejnan4
us, 18 couched upder the idea of a chain extended, trpm a (hip ;
to a it/istj, and « very Venewai oi this league they call brighten-
ing the chain. '''"'"'
the
York.
^ THE HIS'TORV OF
the late fuccefs of the Five Nations agai^ft Canada*
The miferies to whieh the French were reduced,
rendered us^ fecure againft their inroads tiH the work
of the Revolution was in a great meafure accom^
plifhed} and to their dfftitlKd condition We/itluft
A drfignof the principally Afcribe the defeat of the Fnenehdeftg^i
^«rthrpro" »^ut this time, to make a conqueft of 'the provincel
Jmceof New- DcCalliers, who went to France in 1688, fiffft prox
jedred die fchem^';* and the isnoubles in EitgkHfid
encouraged the French eoiirt to make the attec^pt.
Caffinicre commanded the ihips, which iail^ fo^
■ that purpofe from Rochforc j fubjeft, 4jeverthelds^
. to the Count De Frontenac^ who was general of th^
land forceSj deftined to march from Canada by th^
rout of Sorel*River and Ihe Lake Champlain^^ Th^
fleet and troops arrived at Chebu^a^ ^ plabd of
rendezvous, in September*, from whence thie^duht
proceeded to C^ebcek, leaving orders with' Ciiffi*
niere to fail for New^-York, and continue in ehfeteay;
in fight of the city, font beyond the fire *tofouT:
cannon, till the iftof Deetmber: wheHf if -he re-
ceived no mtelligence from him, he waswdfered t6
return to France, after unlading the ammunition,
ftores, and provifions at Port^Royal.-f» The Count
was in high fpiritSi and fully determined upon the
enrterprile, till he arrived at Quebeck -, ' wficrt the
news of the fuccefe of the Five Nations ag^inft
Montreal, the lofs of his favourite fort at LakeOn-
tario, and the advanced fcafon of the year, defeated
his aims, and broke up the expedition. EJe Non-
* Charlevoix has publifhed an extract of the metnorial pre-
&nted to thte French King. The force deinanded for this en-
terorife, was to Coniiil of 1 590 regulars and jpp Canadianf.
Albany was faid to be fortified only by an inclolure of ftocka-
docs, and a little fort with four ballions j and that it omtained
but I fo foldiers and 300 inhabitants.. That New-t'ork the
capital of the province was open, had a (lone fort with four bfi-
dions, and about 400 inhabitants, dividedinto eight companies.
+ Now Annapolis, •
villc
K E W. Y O R K. ft
vifle, who was recalled, carried the news of this dif- J,oJ,J;°,""5u"f
appointment to the Court of France, leaving the ceedi to tht«o'
chief command of the country in the hands of Count ^'^'j^^'"'"* ^*'
Frontenac. This gentleman was a man of courage,
and well acquainted with the affairs of that country.
I-^ wa* then in the 68 th year of his age, and yet fo
far from. confulting his eafe, that in a few days after
he landed at Quebec, he rc-cmbarked in a canoe for
Montreiil, where his preience was abfolutely necefla-
ry^ to animate the inhabitants and regain their In-
dian alliances. AwBr, between the Englifh andJI'J*'***
French crowns, being broke out*, the Count betook
himielf to every art, for concluding a peace between
Canada and thcFive Nations ; and for this pur-
p<)fc, the utmofl: civilities were (hewh to Taweraket
and the other Indians, who had been fcnt to France the French en-
by De ^onville, and were now returned. Three of Jj*J°]^'^ J!!^8"»
thofe> Indians, who doubtlcfs were ftruck with the Nations luthei*
gcailidrljr and glory of the French monarch, were*'"""'**
properly fent on the important meffage of conciliat-
ing the friendfhip of the Five Nations. Thefe,
agreeable to our alliance, lent two Sachems to Alba- a great wuncii
ny^ in December, with notice, that a council for that « onondlga.'*
piarpofe was to be held at Onondaga. It is a juft J*"-**' »<'9<»«
refledion upon the people of Albany, that they re-
garded the treaty fo (lightly, as only to fend four
Indians and the interpreter with inftruftions, in there
name, to difluade the confederates from a ceflatior*
or arms ; while the French, on the other hand, had
then a Jefuit among the Oneydoes. The council be- ^
gan on the 2 2d of January 1690, and confided of
eighty Sachems. Sadekanaghtie, an Onondaga
chief, opened the conference. The whole was ma-
naged with great art and formality, and concluded
in ihewing a dilpofition to make peace with the
French, without perfefting itj guarding, at the
fame time, againft giving the leaft umbrage to the
EngliOi,
Among
^» TH E H I S TOR Y OF
Among other mealures to detach the Five Na*
tions from the Britilk intereft, antiratfe lihe depntEkd
fpiritof the Canadians, the Coiuit Pe Frontcnac
thought proper to fend out ieveral parties aaainft
the Enghih colonies. D*Aillebout,,De Mantd and
Le IV^oyne commanded that againlb New^ York;
con(i(iing of about two hundred French and iome
Caghnuaga Indians, who being profelytes from the
Mohawks, were perfedly, acquainted with, that
country. Their orders were, in general, to atuck
The French fur. New- York } but purfuing the advice of the Indians,
dj''Feb"6?o.'they refolved, inftead of Albany, to iurprife Schfr-
nedady, a village feventeen miles north-weft ftxam
it, and about the fame diftance from the Mohawks.
The people of Schenedlady, though they had been,
informed of the defigns of the enemy, were in' thle
greateft fecurity ^ judging it impra^icablefor^any
men to march feveral hundred miles, in the depth bf
winter, through the fnow, bearing their provtfidns
on their backs. BeQdes, the village was in as much
confulion as the reft of the province; the officer^
who were pofted there, being unable to preferte a
regular watch, or any kind of military order. Such
was the ftate of Schencftady, as rcprcfentcd by G6-
lonel Schuyler, who was at that time mi^yor of the
city of Albany, and at the head of the ccmventioh.
A copy of his letter to the neighbouring colonies,
concerning this defcent upon Schenedbady, dated the
1 5th of February 1 689-90, 1 have now lying before
ine, under his own hajid. :/
After two and twenty days march, the enemy fell
ip with Scheneftady, on the 8th of February •, and
were reduced to fuch ftreights, that they had thoughts
of iurrendering themfelves prifoners of war. But
their fcquts, who were a day or two in the village
entirely unfufpefted, returned with fuch encobrag-
ing accounts of the abfolute fecurity of the people,
that the enemy determined on the attack. They
entered, on Saturday night about eleven o'clock, at
the
< V
;(
■ , ] N E W - Y O R K.
tK^ga^k, which were fbund unfhut*, and, that evei
ry> hcmie might be invefted at the fame time, divided
into fmali parties* of (ix, or feven men. The inhabi*
tant^ wer6 in ii profound deep, and unalarmed, till
tJlwr doors' wdre broke open. Never were people in
a in6rie' wretched iconlleriiation. Before they were
rirenfirom their. be^9^ theenem/ entered their hou-
icS) ahd be^an the perpetration of the mod inhu-
ihan barbarities. No tongue, fays Colonel Schuyler, The!
can exprefs the cruelties that were committed. The *'"' '
whole village was inftantly in a blaze. Women with
child ripped open,: and their infants call into the
flilGHes^ iOr ddlied againfl the polls of the doors.
Sixt/ perfoDS perilhed in the malfacre, and twency-
iiiven were carried into captivity. The reft fled na-
)[0d ccKwards Albany, through a deep fnow which tell
)thit_y6ry night in a terrible llorm; arid twenty-five
cifchefe fugitives loft their limbs in the flight thro'
ithfiifeverity of the froft. The nfcws of this dread-
ful tragedy reached Albany about break of day;
, and univerfal dread feized the inhabitants of that
I 'city, the enemy being reported to be one thoufand
Ibur. hundred ftrong. A party of horfe was imme-
^diaoeiy difpatched to Scheneftady, and a few Mo-
ihawksthcn in town, fearful of bein^ intercepted,
,.WfirC' with difficulty fentto apprife their owncaftles.
jdi TheMohawks wereunacquainted with this bloody
vfd^n^, till two days after it happened-, our meflcn-
^ers being fcarce able to travel through the great
.Idepth of the fnow. The enemy, in the mean time,
pillaged the town of Scheneftady till noon the next
. day J and then went off with their plunder, and about
1 forty of their beft horfes. The reft, with all the
,^c^le they could find, lay flaughtered in the ftreets.
^.'.;The defign of the French, in this attack, w^s to
^ Aljarm the fears of our Indian allies, by fliewing that
V we were incapable of defending them. Every art
alfo was ufed to conciliate their friendfhip, for they
-not only fpared thofe Mohawks who were found in
Schene<^ady,
9J
r enieUy *•
nhabitants*
91 THEHISTORyor
Schene^ady, bur feveral other particular perfonf,.
in compliment to the Indians, who requeued that fa-
vour. Several women and children were alfo re-
leafed at the defire of Captain Glen, to whom the
French offered no violence; the officer declaring he
had llri^ orders againft it, on the fcore of his wife*s
civilities to certain French captives in the time of
Colonel Dongan.
The Piw Na. The Mohawks, confidering the cajoling arts of
fSfTliTth. the French, and that the Caghnuagas who were
Engiifli. with them, were once a part of their own Ijody, be-
. haved as well as could be realbnably cxpefted.
They joined a party of young men from Albany,
fell upon tile rear of the enemy, and either killed or
captivated five and twenty. Several Sachems, in
the mean time, came to Albany, and very affeftingly
addrefled the inhabitants, who were juft ready tp
abandon the country -, urging their ftay, and excijc-
ing an union of all the Engliih colonies againft Ca-
nada. Their fentiments concerning the French,
appear from the following fpeech of condolance.
" Brethren, we do not think, that what the French
have done can be called a vidlory : it is only a far-
ther proof of their cruel deceit: the governor of
" Canada fent to Onondaga, and talks to *:,& of
peace with our whole houfe j but war was in his
heart, as you ,now fee by woful experience. He
did the fame, formerly, at Cadaracqui, and in the
Sennecas country. This is the third time he has
afted fo deceitfully. He has broken open our
houfe at both ends ; formerly in the Sennecas
country,* and now here. We hope however to be
revenged of them."
Agreeable to this declaration, the Indians foon
after treated the Chevalier D'Eaii and the reft of
the French meflengcrs,*^ who came to conclude the
peace propofed by Taweraket, with the utmoft in-
dignity, and afterwards delivered them up to the
a ' ^ . Englift:,
cc
<c
cc
cc
u
«c
cc
cc
cc
'M
, N ?l W - Y O R K. fi
Etiglilb. Befides this, their fcouts harrafTeu the
boracrs of tte enemy and fell upon a party of French
and Indians,, in the river, about one hunv!red and
twenty miles above Montreal, under the command '
of Louvigni, a captain who was going to Miflllima-
kinac, to prevent the conclufion of the peace, be-
tween the Utawawas and Quatoghies, with the Five
r>fations. The lofs in thisfkirmilh was nearly e^ual
on both fides. One of our prifoners was delivered
to the Utawawas, who eat him. In revenge for this
barbarity, the Indians attacked the iiUnd of Mon-
treal at Trembling Point, and killed ^an officer and
twelve men \ while another party carried off about
fifteen prifoners taken at Riviere Puantc, whom they
afterwards flew through fear of their purl'uers, and
Others burnt the French plantations at St. ^urs. An expedition
^Vit what rendered this year moil remarkable, wasJJ^^^^';'^^^'»
thp expedition of Sir William Phips againft Quebec. sTwimam ^
He failed up the river with a fleet of thirty-two fail '''''pp'»'°*^9o.
and came before the city in O^ober. Had he im-
prpved his time and ftrength, thecontjueft would
have been eafy-, but by fpending three days in idle
confultations, the French governor brought in his
forces, and entertained fuch a mean opinion of the
Englilh knight, that he not only defpifed his fum-
mons to furrender, but fent a verbal anfwer, in which
he palled King William an ufurper, and poured the
Utmoft contempt upon his fubjefts. The meflen-
ger who carried the fummons inlifted upon a written
anfwer, and that withm an hour •, but the Count
pe Frontenac abfolutely refufed it, adding " V\l \
", anfwer your mafter by the mouth of my cai^fnon,
*' that he may learn that a man of my condition is
" not to be fummoned in this manner." Upon this.
Sir William made two attempts to land below the
tpwn, but was repulled by the enemy, withconfide-
rable lofs of men, cannon, and baggage. Several of
the fbips alfo cannonaded the city, but without any
•« fucceis.
THEHISTORYOF
fuccefs. The forts at thp fame time returned the fire,
and obli^ thclm to retire in diforder. The French
writers, in their accounts 6f this expedition, uniycr-
fally cenfure the conduft of Sir Williarti, though
they confefs the valour of his troops. X-a JHontan,
who was then at Qkiebec, fays, he could not have
afted in a! manner more agreeable to the French, if
he had been in their intercft.*
* Dr. Coldeo fuppofes this attack was m^de upon Quebec
in 1691, blithe is certainly miftaken : fee Life of Sir Wiliiani
Phipps publiflied atLontlon in 1697. Oldmixon's Brit. £m.
pire, and Charlevtfix. t
Among the caufesof the ill fuccefs of the fleet, the author of
the life otSir William Phipps, mentions the negU£t of the con-
joined troops of New-Tork, Connecticut, and the Indians, to
attack Montreal, accorditig to the original plan of operations.
He tells us that they marched to the lake, but there fouful
themfelves unprovided with battoes^ and that the Indiani were
difluaded from the attempt. By what authority thefe alTertions
may be fuppprted, I know not. Charlevoix fays ourarmy \vas
difappointed in the.intendeddiveriion, by the fmall-pox, which
feized the camp, killed three hundred inen^ and teirnfiedour
Indian allies.
T HE
«.*. •
T H t
HIS T O R t
O F
< .■' I
N E WrY O R
PART ItL
From th devolution to the fecond .Enpedttion againfi
Canada.
W
H I L £ pur allies w^re. faithfully: exert- coionei sbugh.
ing themfelves againft the common*"" '"!"**«*'
enemy, colonel Henry Sloughter, who province* in
rcrnor of this province,- *** ***'•
had a. cpmmiflion to be governor
dated the 4th of January 1689, arrived here, and
publilhed it on the 19th of March 1691. Never
was a governor more neceflary to the province,
than at this critical conjundure ; as well for recon*
ciling a divided people, as for defending them
againft the wiles of a cunning adverfary. But
either tlirough the hurry, of the king's affairs, oi
the powerful intereft of a favourite, a man was
fent over, utterly deftitute of every qualification for
government, licentious in his morals, avaricious
and poor. The council prefent at his arrival
were
Jofeph Dudley, Gabriel Mienville,
Frederick Philipfe, Chudley Brook,
Stephen Van Courtland, Thomas Wilier,
William Pinhorne.
H If
■Si;.-
^ ; -^ THE HISTORY OP
, If.I^eifler had delivered the garrifon to colonel
sioQghter, as he ought to have done, upon his
firft landing, betides extinguilhin^ in a great de-
gree-, the -inimoptics then- fubfifting, he would,
doubtlefs, have attracted the favourable notice.
Captain Le'ifler both of the govemof ahd the crown. But being
r^fhJforttr'* ^^*^ *"*"» ^* ^*^ ^° intoxicated with the love
governor of powcT, th«tthoiigh he had becH welHnformed
sioughter. ^f Sjr 4ighter*s appointment to the government, he
not only fhut hunfelf up in the fort with Bayard
andKichols, whom he, had, before that time, im-
prifoned, but refufed to deliver them up, or to
■ furrender the garrifon. From this moment, lie loft
aU credit with the governor, who joined the other
party againft him. On the fecond demand of the
fort, Milborne and Dehnoy came out, undei: pre-
tence of conferring with his excellency, but in re-
ality to difcover his detigns. Sioughter, who con-
(idered them as rebels, threw them both into goal.
Leifler, iJpon this event, thought proper to aban-
don the fort, which colonel Sioughter immediately
entered. Bayard and Nichols were now releafcd
from their confinement, and fwprn of the privy
council. Leifler having thus ruined iiis caufe,
was apprehended with many of his adherents, and
\ commiflion of Oyer and Terminer iflued to Sir
Thomas Robinfon, colonel Smith, and others, for
their trials.
Trial cf captain In vain did they pleid the merit of their zeal for
fh«?for"hi*h ^^"2 William, fince they had fo lately oppofed his
treafonr '* govcmor. Lciflcr, in particular, endeavoured to
juftify his conduct, infifting that lord Notting-
♦ ham's letter entitled him to adk in the quality of
lieutenant governor. Whether it was through
ignorance or fycophancy, I know not: but the
judges, inftead of pronouncing their own fentiments
upon this part ot the prifoncr's defence, referred
it
*AiiTiii. N 6 W-Y 6 R K.
99
it to the governor and council, p.aying their opi-
nion, whether that letter *' or any other letters, or
** papers, in the packet from White-Hallj can be
** underftood^ or interpretedj to be «nd contain,;.
** any power^ or direSion to captain Leifler, to''^
'* take the government of this province upon him-
'* felf, or that the adminiftration thereupon be hoi*
** den good in law." The anfwer was, as might
have been expedted^ in the negative \ and Leifler
and his fon were condemned to death for high-trea- hii cendemna-
Ion. Thefe violent meafures drove many of the *"*"*
inhabitants, who were fearful of being apprehended,
into the neighbouring colonies, tvhich fhortly after
occafioned the palling an a6b of general indemnity.
From the furrender of the province to the year
1683, the inhabitants were ruled by the duke's go- ^he duke of
vernors and their councils, who, from time to time, "'^* ^"*'*
made rules and orders, which were efteemed to be ,
binding as laws. Thefe^ about the year 1674, were
regularly colle6ted urder alphabetical titles ; and
a fair copy of them remains amongft our records,
to this day. They are commonly known by the
name of Th Dukh ZjOWs, The tide page of the
book, written in the old court hand, is in thefe bald'
words^
JUS
^^^^ WOViE ERORACENSIS
"**"" VEL,
t£6%S'lLLUSTRISSIM0 PRINCIPE JACQBI &UCE
EBORACI ET ALBANiE, etC.
INSTITUTiC ET ORDINATE,
AD OBSERVANDUlf^ IN TERRITORIIS AMERICiE ;
T&ANSCRIPTA
ANNO DOMINI
MDCLXXIV.
H 2
Thofc
too
AQi of the firft
Aflembly heli
in 1683.
An aflembly.
April 9, s69i>
THE HISTORY OF
Thofe adts, which were made in i68|, and after
the duke's accelTioA to the throne, when the people
were admitted to a participation of the legiflative
power, are for the moft part rotten, defaced, or
loft. Few minutes relating to them remain on the
council books, and none in the journals of the
houfe. V
• As this aflembly, in 169 1^ was the firfl: after
the revolution, it may not be improper to take fome
particular notice of its tranfadions *.
it began the 9th of April, according to the writs
of fummons iflued on the 20th of March preceding.
The journal of the houfe opens with a lift of the
members returned by, the fheriffs. ^.
City and County ofNew-Tork,
' James Graham,
. William Merret,
Jac. Van Courtlandt,
Johannes Kipp.
City and County, of Albany,
Derrick Weffcls,
. Levinus Van Scayck,
County ofRiehnund
\ Elias Dukefbury,
John Dally,
County of Weft Chtjttr,
John Pell.
County of Suffolk.
Henry Pierfon,
Matthew Howell.
Vlfttr and Dutchtfs County,
Henry Beekman*, . ^'
Thomas Garton.
^een*s County*
John Bound,
Nathaniel Percall,
Kmg*s Ceungy,
John Polan<!f**^
Nicholas Stillwel
• All lawi made here, antecedent to this period, ut
diA-egarded both bjf^e^lenflttttre and the courts of law. In
the colle£Uon of ouraAs publifhed in 1752, the compilers were
The
WAtr III*
K E W-Y O R K.
101
The members for Queca's county, being Qua-
Icers, were afterwards difmi^, for refufing the
oaths dire6bed by the governor's commiffion, but
all the reft were qualified before two commilfion^s
appointed for that purpofe..
; James Graham was elected their fpeaker, and
approved by the governor.
The majority of the members of this .alTembly
were againft the meafures, which Leifler purfued
in the latter part of his time, and hence we find
the houfe^ after confidering a petition, figned by
fundry perfons againft Leifier, unanimoufly refbN
ved, that his difiolving the late convention, ahd
imprifoning feveral perions, was tumultuous, ille-
gal, and againft their Majefties right, and that the
late depredations on Schenedtady, were to be at-
tributed to his ui'urpation of all power.
They rcfolvcd, againft the late forcible feizures
made of efie^s of the people, and againft the levy-
ing of money on their Majefties fubjeds. And as
to Leifler*s holding the fort againft the governor,
it was voted to be an adb of rebellion.
The houfe having, by thefe agrreable refolves,
prepared the way of their accefs to the governor,
addrefied him in thefe wcVds :
" May it pleafe your Excellency,
** We their Majeftiei moft dutiful and loyal fub-
** jcdls, convened, by their Majefties moft gracious
" favour, in general aflembly, in this province,
do, in all moft humble manner, heartily congra-
tulate, your Excellency, that as, in our hearts,
H 3 ' " we An addreft tft
C(
C(
the governcr.
direfled to begin at this aiTembly. The validity of the old
erants of the powers of Bovernment, in feveral American co-
lonies, is very much doubted in this province.
]«» THEHI8T0RV0F
** we do abhor and deteft all the rebellious, arbU
> ** trary and illegal proceedings of &'i late ufurpers
"f of their Majefties authority, oyer this province^
*' fo we do, from the the bottom of our hearts,
f* with all integrity, acknowledge and declare,
^' that there are none, that can or oueht to have,
*' right to rule and govern their MajeSies fubjeAs
* * here, bu^ by their Majefties authority, which is
** now placed in yoyr Excellency s and therefore
^* we do folemnly declare, that we will, with our
^' lives and fortunes, fupport and maintain, the
^* adminiftration of your Excellency's gpvernment,
^' under their Majefties, aeainft all their Majefties
f * enemies what(be\'er : ana this we; humbly pray
*• your pifccUcncy to accept, as the fincere a^-
^* knowledgment of all theif Majefties good fub-
'* je6ts, within this their province ^ praying for
•* their Majefties long and happy rei^n over .us,
^' an^ that your Excellency may long liye and rule,
*f as according to their Majefties moft excellent
<< conftitution of governing their fubjeiHis by a ge*
f » neral afleipbly."
Before this houfe proceeded to pafs any ads,
A rtfoiHtion they unanimou(ly rcfolved, •' That ^U the laws
ionc^rning all «« confcntcd to by the general aflembly, under
SYnS?p«-" J*mcs duke of York, and the liberties and pri-
" vileges therein contained, granted, to the people,
** and declared to be their rights, not beiqg ob^
^' feryed, nor ratified and approved by his royal
** highneis, nor the late king, are null and void,
^* and of none cffeft } and alfo, the feveral ordir
*^ nances, ipade by the l^te governqrs arid coun<
*i cils, lieing contrary to the conftitution of Eng?
^* land, and the pra^^ice of the government of their
f' Majefties othpr plantations in America, are like-
f f wife null and void, and of no cffcft, nor force,
IV ^ithin this province.*!
Among
VinCCa
laws
under
d pri-
eople,
igob^
royal
void,
ordi-
jcoua-
their
like^
Iforcc,
Ltnong
FART III. N E W-V O R K ^
Among the principal laws enad^ed at this feflion. An ao^r efta-
we may mention that for cftablilhing the revenue, J^^jJ^"^.**^
which was drawn into precedent. The fums raifed
by it, were made payable into the hands of the re-
ceiver-general, and liTued by the governor's war-
rai^t. By this means the governor became, for a
feafon, independent of the people, and hence we
find frequent inftancies of the allemblies contending
with him for the difchar&e of debts to private pcr-
fons, contracted on the ta\th of government.
Antecedent to the revolution, innumerable were . .
the controverfies relating to publick townihips and
private rights; and hence an aft was how paffed. An aft for the
for the confirmation of antient patents and grants, andenT patent*
intended to put an end to thofe debates. A law was *«"* p'"'"-
alio pafled for the eftabliihment of courts of juftice,
~ though a perpetual adt had been made to that pur-
pofe in 1683, and the old court of afllze entirely
diflblved in 1684. As this enacted in i6qi, was courts «f juf-
a temporary law, it may hereafter be difputed, as *'
it has been already, whether the prefent eftablifli-
ment of our courts, for general jurifdidtion, by an
ordinance, can confift even with the preceding a6b,
or the general rules of law. Upon the eredtion of
the fupreitne court, a chief Juftice, and four afllll-
ant judges, with 'ah attorney general, were appoint-
ed. The chief juftice, Jofeph Dudley, had a Sa-
lary of 130I. per annum : Johnfon the lecond judge
lool. and both 'were payable out of the revenue 5
but William Smith, Stephen Van Courtlandt, and
William Pinhome, the other judges, and Newton
the attorney-general, had nothing allowed for their
fervices.
It has, more than once, been a fubjeA of ani-
mated debate, ivhether the people, in this colony,
have a right to be reprefented in aflembly, or whe-
ther it be a privilege enjoyed, through the grace of
the
use.
i£i
K
^neutieii of
captain Leifler
»ai Jacob Mil'
^orne.
_' H E HISTORY OF
the CCPwn. A memorable aA pafled this feffion,
virtually declared in favour of the Iformer opinion,
upon that, and feveral other of the principal and
diftinguifliing liberties of Englilhmen. It muft,
neverthelefs, 6e confefled, that king William was
afterwards pjeafed to repeal that law, in the year
1697*.
Colonel Sloughter propoied, immediately after
the feflion, to fet out to Albany, but as Leifler*s
party were enra^d at hisimprifonment, and the
late fentence againOc him, his enemies were afraid
new troubles would fpring up in the abfence of the
governor *, for this realbn, both the aflembly and
council advifed that the prifoners (hould be imme-
diately executed. Sloughter, who had no inclina-
tion to favour them in this requeft, chofe rather to
delay fuch a violent ftep, being fearful of cutting
off two men, who had vigorouHy appeared for the
king, and fo fignally, contributed to the revolution.
Nothing could be more difagreeable to their ene-
mies, whofe intereft was deeply concerned in their
de(lru6tion. And therefore, when no other meafures
could prevail with the governor, tradition informs
us, that a fumptuous feaft was prepared, to which
Col. Sloughter was invited. When his Excellency's
reafon was drowned in hi^ cups, the entreaties of the
company prevailed with him to fign the death war-
rant, and before he recovered his fenfes, the prifo-
ners were executed. L«eiiler*s fqn afterwards car-
ded home a complaint to king William, againft
the governor. His petition was referred, accord-
ing to the common courfe of plantation affairs, to
the lords commiflioner^ of trade, who, after hear-
ing the whole matter, reported on the xith of
* It was entitled, <* An a£t declaring what are the righti
f* and privileges of their Majefties fubjefts inhabiting within
ff their province of Mew- York."
March
.tT III.
N E W.y O R K.
!•$
of
<t
«(
cc
March 1692, " That they were humbly of opinion,
** that Jacob Leifler and Jacob Milbome deceafed,
** were condemned and had fufiered according to
•• law." Their lordlhips, however, interceded for
their families, as fit obje^s of mercy, and this in-
duct queen Mary, who approved the report, on
f he 1 7th of March, to declare, *' That upon the
humble application of the relations of the faid
Jacob Leifler and Jacob Mil borne deceafed, her
Majefly will order the eftates of Jacob Leifler
and Jacob Mliborne, to be reftored to their fa-
milics,,as objects of her Majefl:y*s mercy." The
bodies of thefe unhappy fufferers were afterwards
taken up and interred, with ^reat pomp, in the
old Dutch church, in the city of New- York. Their
eftates were reftored to their families, and Leifler's
children, in the publick eftimation, are rather dig-
nified» than difgraced, by the fall of their anceftor.
Thefe diftradions, in the province, fo entirely lo^u
en^rofled the publick attention, that our Indian
allies, who had been left folely to contend with the
common enemy, grew extremely difafFe£ted. The
Mohawks, in particular, highly refehted this con-
duct, and, at tfie inftance of the Caghnuagaes, fenc
a meflenger to Canada, to confer with count Fron-
tenac about a peace. To prevent this, colonel
Sloughter had an interview at Albany, in June,
with the other four nations, who exprei]K;d their joy
at feeing a governor again in that place. They
told him, that their anceftors, as they had been in-
formed, were greatly furprized at the arrival of (he
iirft fliip in that country, and were curious to know
what was in its huge belly« That they found
chrifliians in it, and one Jacques, with whom they
made a chain of friendfhip, which ihty had pre-
ferved to this day. All the Indians, except thfi^^^^
Mohawks, aflured the governor at this meeting.
•irdn.
THE HISTORY OP
of their rerolution to profecute the war. The Mo*
hawks confefled then- negotiations with the French,
that they had received t belt from Canada, and
prayed tne advice of the governor, and afterwards
renewed their league with all our colonies.
Death of eo\, Sloughter foon after returned to New^York, and
sj«.ghtcr, M^^^^ J fljorj^ ^^^^ jnd tu,bulcnt adminiftration,
for he died fuddenly on the 23d of July 1691.
Some were not without fuipicions, that he came un-
fairly to his end, but the certificate of the phyfician
and furgeons who opened his body, by an order of
council, confuted thefe conjeAures, and his remains
^ were interred in Stuyvefant's vault, next to thofe
of th^ old Dutch governor.
At the time of Slou^hter's deceafe, thegovern-
. ment devolved, according to the late aft forde-
• daring the rights of the people of this province, on
the council, in which Jofeph Dudley had a right to
tu gomn. prefide % but they committed the chief command to
■^%*!l!i'*" Richard Ingoliby. a captain of an independent
aiittcdto cap- company, who was fwom mto the office of preu-
iM.i«|oiiby. jgn^ on jjjg 25t|j of July i%8. Dudley, foon af-
terwards, returned to this province, from Bofton,
but did not think proper to difpute Ingolfby's au-
thority, though the latter had no title, nor the
greatelt abilities for government, and was befides
obnoxious to the party who had joined Leiiler, hav-
ing been an agent in the mealures which accom-
plilhed his ruin. To the late troubles, which were
then recent, and the agreement fubfifting between
the council and ailembly we mull afcribe it, that
the former tacitly acknowledged Ingolfby's right to
the prefident's chair ; for they concurred with him,
in paffing feveral laws, in autumn and the fpring
following, the validity of which have never yet
^ been difputed.
This
^'i.
\r
r ART III. NEW. YORK, 407
This fummer major Schuyler*, with a party of MaiorSchayiw
Mohawks, paffed. through the lake Champlain,;j;J^^^^
aBcl made a bol4 irruption upon the French fettle- fetuenenu nur
ments, at the north end of it. f ^^ Callieres, thc**'"^'*'"?"^
governor pf Montreal, to oppofe him, colleded a
unall army, of eight hundred men, and encamped
at La Prairie. Schuyler had feveral confliAs with
the enemy, and flew about three hundred of them,
which exceeded in number his whole party. The
French, a(hamed of their ill fuccefs, attribute it to
the want of order, too many defiring to have the
pommand. 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 polled
themfelves behind trees, hidden from the enemy.
Major Schuyler's defign, in this defcent, was to
animate the Indians, and preferve their enmity with
ihe French. They, accordingly, continued their
jioftilities againft them, and, by frequent incurfions,
kept the country in conftant alarm. '
In the midft of thefc diftrcflcs, the French go- 2^5^12"'
vernor preferved ^is fprightlinefs and vigour, ani^agaiafttiMia-
mating every body about him. After he had'*'*"^
ferved himit}f of the U tawawas, who came to trade
at Montreal, he fent them home under the care of
a captain and one hundred and ten men i and to fe-
cure their attachment to the French intereft, gave
them two Indian prifoners, and, befides, fent very
confiderable prelents to the weftern Indians, in
* The French, from his great influence at Albany, and
fftivity among the Indians, concluded that he was governor
pf that city ; and hence, their hiftorians honour him with that
title, though he was then only mayor of the corporation.
f • fitre ScSuvhr (fays CAofltveixJ eloit imfort bontute bourne.^*
-j- Dr. CJlden relates it as a tranfaA^on of the year 1691,
which is true: but he fuppofes it was before Sir William
Phips's attack upon Quebeck, and thus falls into an anachro-
jnifm, of a yrhole year, as I have already obferved.
and
Ml
Cruelty of the
'Frtadi go-
vernor < of €••
aaday to an In-
dian piifimer.
A confiBrence
with the Five
Nations at Al-
bany, in June^
TH« NLSTOJiy OF
their alliance. Thocaptbm^mre^fterwarda burnt.
The Five National T^mlthB <rtii^t!Rie, grew more
and more incenfedg ittdbteMinilalljr harafled the
French borders. Mr>tBtollC0Uf\ a young gentle-
man, in the following winter, marched a body of
about three hundred men to attack them at the
ifthmus, at Niagara. Incredible were the fatigues
they underwent in this long march over the fnow,
bearing their provifions on their backs. Eighty
men, of the Five Nations, oppofed the French
party and bravely maintained their ground, till
moft of them were cut off. In return for which,
the confederates, in fmall parties, obftruded the
palTage of the French through lake Ontario, and
the river ilTuing out of it, and cut off their com-
municatio]|i||£ the weftern Indians. An Indian
called Black Kettle, commanded in thefe incur-
fions of the Five Nations, and his fucccfies, which
continued the whole fummer, To exafperated the
Count, that he ordered an Indian priibner to be
burnt alive. The bravery of this favage was as
extraordinary, as the torments infli^ed on him were
cruel. He lung his military atchievementi with-
out interruptionj even while his bloody executioners
praAifed all pofiible barbarities. They broiled his
feet, thruft his fingers into red hot pipes, cut his
joints, and twifted the finews with bars of iron.
After this his fc^lp was ripped off, and hot fand
poured on the wound.
In June 1692, captain Ingolfby met the Five
Nations at Albany, and encouraged them to perfe-
vere in the war. The Indians declared their enmity
to the French, in the ftrongeft terms, and as hear-
tily profeffcd their friendftiip to us. " Brother
*' Corlear, faid the Sachem, We are all fubje^s of
** one great kin^ and queen, we have one head,
** one heart, one intereft, and are all engaged in the
^* fame war." The Indians, at the fame time, did
not
n
a
10^
N E W.Y O R K.
not forget, tt this interview, to condemn the in
activity of the Englifh, telling them, that the de-
llrudtion of Canada would not make one fiimmer's
work, againft their united itrength, if vigoroufl/
xaerted.
Colonel Benjamin Fletcher arrived, with a com*
million to be Governor, on the a9th of Auguft, lovrrnm^ of
1692, which was publiftied the next day, before Jj^^TjI^Jf^,,
the following members, in council: . ' ' *
Col. Flctchtr
tnten upoa the
Frederick Philipfe,
Nicholas Bayard,
Chudley Brooke,
Thomas Willct,
Stephen Van Court-
landt,
Gabriel Mienville,
William Nicoll,
Thomas J ohnfton*
William Finhorne, one of that board, being achangei tn ti«
non-refident was refufcd the oath|^ti|nd Jofeph;~Tnce. **
Dudley, for the fame reafon, removed^ both from '
his feat in council, and his office of Chief Jullice •, .
Caleb Heathcoce and John Young^|u|Meded them
in council} and William Smith was K^d, in Dud-
ley's jlace, on the bench,
Cci]|»nel Fletcher brought over with him a pre-
fent to the colony of arms, ammunition, and war-,
like ftores ; in gratitude for which, he exhorted the
council and aflembly, who were fitting at his arri-
val, to fend home an addrefs of thanks to the King. ^J^/JJ^^
It confilb, principally, of a reprefentacion of the from theanem-
great expence the Province was continually at to "'*•** *""*^
defend the frontiers, and praying his Majefty's di-
reflion, that the neighbouring colonies might be
compelled to join their aid, for the fupporc of Al-
bany. The following pafiage in it (hews the fenfe
pf the legiQature, upon .a matter which has fince
been very much debated. " When thcfe countries
« were poffcflcd by the Dutch Weft-India compa-iSg'fromL
aV
r. ny
diminution of
tlie extent of the
province.
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I' it E krtiToft y b tf
_ «
** ny, they always ttad pretences (and had the mdft
** part of it within their a^tial jurifdiAion) to all
"that traft of land (with the ifland's adjacent) ex-
tending, from the Weft fide of ConneQtcut ri-
ver, to the lands lying on the Weft fide of Dela-
ware bay, as a fuitable portion of land for one
colony or government; all which, including the
lands on the Weft of Delaware bay or river,
were in the Duke of York's grant, fi-om his Ma-
•♦ jefty King Charles the fecond, whofe governors
** alfo poflefled thofe lands on the Weft fide of De-
laware bay or river. By feveral grants as well
from the Crown, as from the Duke, the faid pro-
vince has been fo diminifiied, that it is now de-
creaied to a very few towns and village } the
number of men ^t to bear arms, in the whole go^ '
vernment, not amounting to 3000, who are all
reduced to great poverty.'*
Fletcher was by profeflion a foldier, a man of
ftrong paifions, and inconfiderable talents, very ac-
tive, and equally avaricious. Nothing could be
more fortunate to him, than his early acquaintance
with Major Schuyler, at Albany, at the treaty, for
confirmation of the Indian alliance, the fall after
his arrival. No man, then in this province, under-
ftood the ftate of our affairs with the Five Nations
*M ' c i.„vu,'. better than Major Schuyler. He had fo great an
MajorScbuyier 8. J ' ,rx • i iJ^ .
great merit, and influencc ovcr them, that whatever Quider*, as they
" callcc) him, recommended or difapproved, had the
force pf a law. This power over them was fup-
ported, as it had been obtained, by repeated offices
of kindnels ; and his fingular bravery and activity
in the defence of his country. Thele qualifications
rendered him fingularly ferviceable and neceflary,
both to the province and the governor. For this
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Governor
JFletcher's cha^
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influence over
ic Indiana.
Inftead of Peter which th^ could not pronounce.
reafon.
NEW-YORK.
Ill 1
ivity
tions
Tary,
this
reafon, Fletcher tQp\cg^4pt(^ his confidence, and,
on the 25th of O^fcfet'^^jraJfed him to the council
board, j^nder the !?|(ftelkgel of,Major Schuyler, the
Governtfrbecame daily tnere^iid more acquainted
with our Indian affairs ; his conftant application to
which, procured and preferved him a reputation and
influence in the colony. "Without this knowledge,
and which was all that he had to diftinguifli himfelf,
his ihceflant folicitations for money, his palTionate
temper and bigoted principles, muft neceffarily have
rendered him obnoxious to the people, and kindled
a hot fire of contention in the province.
The old French governor, who fouftd that all The French in-
his meafures for accomplilhing a peace with ^^^J^^^Jf^J^'?
Five Nations, proved abortive, was now meditating indiansj ia**
a blow on the Mohawks. He accordingly colleded ^^^'J*
an army of fix or feven hundred French and In-
dians, and fupplied them with every thine neceflary
for a winter campaign^ They fet out torn Mon-
treal, on the r5th of January, i^^^ and after a
march, attended with incredible hardfliips, they paf-
fed by Schenectady on the 6th of February, and,
that night, captivated five men, and fome women
and children, at the firft caftle of the Moha\rks.
The fecond caftle was taken with equal eaie, the
Indian inhabitants being in perfect fecurity, and,
for the moft part, at Schenectady. At the third,
the enemy found about forty Indians in a war dance,
defigning to go out, upon lome enterprife, the next
day. Upon their entering the caftle a conflict en-
fued, in which the French loft about thirty men.
Three hundred of our Indians were made captives,
in this defcent ; and, but for the intercefTion of the
favages in the French intereft, would all have been
put to the fword.*
* Dr. Colden and the jefuit Charlevoix arc not perfe^Iy
agreed in the hiftory of this irruption. I have followed, fome^
The
I|2
THE HlStORY OF
The Indians were enraged, and with good reafon^
at the people of Scheneflady, who gave them no af-
fiftance againft the enemy, though they had notice
of their marching by that village. But this was
atoned for by the fuccours from Albany. Colonel
Schuyler, voluntarily, headed a party of two hun-
dred men, and went out agajnft the enemy. On
the 15th of February, he was joined by near three
hundred Indians, ill armed, and many of them boys.
A pretended deferter, who came to diffuade the In-
dians from the purfuir, informed him, the next day,
that the Frencn had built a fort, and waited to fighc
him; upon which he fent to Ingolfby the com-
mandant at Albany, as well for a reinforcement, as
for a fuppiy of provifions ; for the ereateft part of
his men came out with only a few bifcuits m their .
pockets, and at the time they fell in with the enemy,
on the 17th of the month, had been feveral days
without any kind of food. Upon approaching the
French army, fundry flcirmifhes enfued ; the enemy
endeavouring to prevent our Indians from felling
trees for their protection. Captain Syms, with
eighty regulars of the independent companies, and
aliipply of provifions, arrived on the 19th, but the
enemy had marched off the day before, in a great
inow ilorm. Our party however purfued them,
and would have attacked their rear^ ii the Mohawks
!iad not been averfe to it. "When the French reached
the North Branch of Hudfon's 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
engagement; upon which Schuyler who had re-
taken about fifty Indian captives, defifted from the
times the former, and at other times the latter ; according a«
the faAs, more immediately, related to the conduft of their
refpefUve countrymen.
purfuit
VART III.
NEW-YORK.
"3
urfuit
purfuit on the 20th of February ; four of his men
and as many Indians being killed, and twelve
wounded. Our Indians, at this time, were fo dif-
trefled for provifions, that they fed upon the dead
bodies of the French ; and the enemy in their turn
were reduced before they got home, to eat up their
(hoes. The French in this enccrprifc loft eighty
men, and had above thirty wounded,
Fletcher's extraordinary difpatch up to Albany, Governor
upon the firft news of this defcent, gained the cr-f^"?"'* ^'"'
teem both of the public and our Indian allies. marcWng'to the
The exprefs reached New York on the 12 th of^Sfa'„"" "^ ^'^.
February, at ten o'clock in the night, and in lefs " ""'*
than two days, tlie Governor embarked with three
hundred volunteers. The river, which was here-
tofore very uncommon at that feafon, was open*.
Fletcher landed at Albany, and arrived at Sche-
neftady, the 1 7th of the month, which is about
one hundred and fixty miles from New York j but
he was ftill too late to be of any other ufe than to
ftrengthen the ancient alliance. The Indians, in
commendation of his aftivity on the occafion, gave
him the name of Cay^nguirago, or, The great Swift
Arrow.
Fletcher returned to New York, and, in March
met the Aflembly, who were fo well pleafed with
his late vigilance, that befides giving him the
thanks of the Houfe, they raifed 6000I. for a
year's pay of three hundred volunteers, and their
officers, for the defence of the frontiers.
As the greateft part of this province confifted of
Dutch inhabitarits, all our Governors, as well ia
• The climate of late years Is much altered, and this day
(February 14, 1756.) three hundred recruits failed from New-
York for the army under the command of general Shirley, now
quartered at Albany, and laft year, a floop went up the river
{I mopth earlier.
I the
,14 THEHISTQRYOF
the Duke*s time, as after the revolution, thought
it gcod policy to encourage £ngli(h preachers an4
fchoolmafters in the colofiy. No man could be
more bent upon fuch a projeft ;ian Fletcher, a
bigot to the Epifcopal torm of Church Government.
He, accordingly, recommended this matter to the
AlTembly, on his RrH arrival, as well as at their
prefent meeting. The Houfe, from their attach-
ment to the Dutch language, and the model of the
. Church of Holland, Scured by one of the articles
of forrender, were entirely difinclined to the fcheme,
Tx'honrthT'af.which occafioned a warm rebuke from the Govcr-
f itibiy to pro. nor, in his fpeech at the clofe of the felfion, in
^de for . mini, ^j^^^g ^^^jg ^ „ Gentlemen, the firft thing that I di^
recommend to you, at our laft meeting, was to
provide for a Miniftry, and nothing is done in
it. Theit are none of you, but what are big
with the privileges of Englilhmen and Magn^
*' Charta, which is your right *, and the fame law
doth provide for the religion of the Church of
England, againft fabbath breaking and all other
profanity. But as you have made it laft, and [.oft-
poned it this feifion, I hope you will begin with
it the next meeting, and do fomewhat toward it
cfieaually."
The news of the arrival of the recruits and am-
munition at Canada, the late lofs of the Mohawks,
and the unfulfilled promifes of alTiftance, made
from time to time, by the Engliih, together with
the inceffant folicitations of Milet, the Jefuit, all
A conference ^^^^P^^^^ ^^ inducc the Qneydocs to fue for a peace
with**'the' Five with the French. To prevent fo important an
t*^jui*M""'*^^"^' Fletcher met the Five Nations at Albany, in
W> "^»'^3'jyjy i5pg^ with a confiderable prefent of knives,
hatches, clothing and ammunition, which had beei^
lent over by the crown, for that purpofe. The
Indians confented to a renewal of the ancient league,
^d expreiTed th^ir ^ratitvde, for the King's dona-
tion
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PART III. NEW-YORK. IIS
tion, with (ingular force. *' Brother Cayenguari-
** go> we roll and wallow in joy, by reafon of the
" great favour the great King and Queen have »
*' aone us, in fending us arms and ammunition
*' at a time when we are in the greated need of
** them ; and becaufe there is fuch unity among
*• the brethren." Colonel Fletcher prefled their
delivering up to him Milet, the old Frieft, which
they promifed, but never performed. On the con-
trary, he had influence enough to perfuade all, but
the Mohawks, to treat about the peace at Onon-
daga, tho* the Governor exerted himfelf to pre-
vent it.
Soon after this interview, Fletcher returned to !j;i'J^yorj''Jj
New York j and, in September, met a new aflem- 1693.^
bly, of which James Graham was chofen Speaker.
The Governor laboured at this felfion to procure
the eftabliihment of a Miniflry throughout the co-
lony, a revenue to his Majcfty for life, the repair-
ing the fort in New York, and the eredbion of a
chapel. That part of his fpeech, relating to the mi-
niftry was in thefe words : " I recommended to the The Governor
former aflembly, the fettling of an able miniftry, "nihl^of a'li*
thatihe worlhip of Gpd may be obferved among •>»%•
us ; for 1 And that great and firft duty very
much negle^d. Let us not forget that there is a
" God that made us, who will protedt us if we
" fervehim. This has been always the firft thing I
•* have recommended, yet the laft in your confi-
deration. I hope you are all fatisHcd of the
great necefllty and duty, that lies upon you to
" do this, as you expeft his blefling upon your
•* labours." The zeal with which this affair was Ptoceedings of
recommended, induced the houf^, on the lathof JhcreJJj""''
September, to appoint a committee of dght mem-
bers, to agree upon a fcheme for fettling a miniftry,
in each refpedivc precindt throughout the pro-
vince. This committee made a report the next
I 2 day.
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THE HISTORYOF
day, but it was recommitted till the afternoon, and
then deferred to the next morning. Several de-
bates arifing about the report in the houfe, it was
again ** recommitted for further confideration."
On the 15th of September it was approved, theef-
tablifbmcnt being then limitted to fevcral parifhes
in four counties, and a bill ordered to be brought
in accordingly ; which the Speaker (who on the
1 8 th of September, was appointed to draw all their
A bill preraired bills) produced on the 19th. It was read twice on
for this purpofc. jj^g |-^„^g ^^y^ ^^^ j|^gjj referred to a committee of
the whole houfe. The third reading was on the
2 1 ft of September, when the bill paflcd, and was
fcnt up to the Governor and Council, who imme-
diately retutned it with an amendment, to veft his
\ Excellency with an cpifcopal power of indudling
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 i le
*' Governor to be approved and collated." The
houfe declined their confent to the addition, and
immediately returned the bill, praying, ** that it
" may pafs without the amendment, having in the
^* drawing of the bill, had a due regard to the
*' pious intent of fettling a Miniftry, for the benefit
** of the people." Fletcher was fo exafperated
•with their refufal, that he no fooner received the
anfwer of the houfe, than he convened them be-
fore him, ^nd in an angry ff eech broke up the fef*
(ion. 1 (hall lay that part of it, relating to this
bill, before the reader, becaufe it is chara^erifticl^
pf the man.
" Gentlemen,
There is alfo a bill for fettling a Miniftry in
((
The Sovernor's
a igry fpecch to ^^ , •
til aflembly tniS
tjpoj^ the lubjeifV. *< vei'
!ty, and fome other countries of tlir So-
lent. In that very thing you have ftiewn
((
a gi :at deal of ftiffhefs. You take upon you,
as if you were didators, I fent down to you an
amendment;
>ARThi. N E W- V O R K. 117
amendment of three or four words in that billj
which, tho' very immaterial, yet was pofitivcly
denied. I muft tell you, it feems very unman-
nerly. There never was an amendment yet de-
fired by the Council Board, but what was rejec-
ted. It is the fign of a ftubborh ill temper, and
this have alio pafled.
"But, Gentlemen, I muft take leave to tell
you, if you feem to underftand by thell words,
that none can ferve without your collation or ef-
eftabliftiment, you are far miltaken. For I have
the power of collating or fufpending any Mini-
fter, in my government, by their Majefties let-
ters patent \ and whilft I ftay in the government,
I will take care that nei«her herefy, fedition,
fchifm. Or rebellion, be preached among you,
nor vice and profanity encouraged. It is my
endeavour, to lead a virtuous and pious life
amohgft you, and to give a good example : I
wifh you all to do the fame. You ought to
confider, that you have but a third fhare in the
legillative power of the government ; and ought
not to take all upon you, nor be fo perempto-
ry. You ought to let the council have a Ihare.
They are in the nature of the Houfe of Lords,
or upper Houfe; but you feem to t:;ke the
whole power in your hands, and fet up for every
thing. You have fet a long time t6 little pur-
pofe, and have been a great charge to the coun-
try. Ten fiiillings a day is a large allowance,
and you punftually exa<5t it. You have been
always forward enough to pull down the fees of
other minifters in the government. Why did
you not think it expedient to correft your own,
to a more moderate allowance ?
** Gentlemen, I (hall fay no more at prefenf,
but that you do withdraw to your private affairs
in the country. I do prorogue you to the loth Prorogation of
1 2 *' Q£the Aflcmbiy,
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THE HISTORY OF
" of January next, and you arc hereby prorogued
" to the icth day of January next cnfuing."
The violence of this man's temper is very evi-
dent in all his fpeeches and mefTages to the Afllem«
bly ; and it can be only attributed to the ignorance
of the times, that the members of that houfe, in-
ilead of aflerting their equality, peaceably put up
with his rudenefi. Certainly they defcrved better
ufage at his hands. For the revenue, eftabliihed
the laft year, was, at this feflion, continued five
years longer than was originally intended. This
was rendering the Governor for a time independent
of the people. For, at that day, the afTcmDly had
no treafure, but the amount of all taxes went of
courl'e into the hands of the Receiver- General, who
was appointed by the Crown. Out ot this fund,
Monies were only iffuablc by the Governor's war-
rant 5 fo that every officer in the government, from
Mr. Blaithwair, who drew annually five per cent,
out of the Revenue, as Auditor-General,, down to
the meaneil fervant of the publick, became depen-
dent, iblely, of the Governor. And hence we find
the houfe, at the clofe of every fefTion, humbly ad*
drefllng his Excellency, for the triHing wages of
their own clerk. Fletcher was, notwithftanding,.
fo much difpleafed with them, that fooa after the
Dinbiutionofit. prorogation, he diflblved the Adembly.
Anew Aflembiy Thc mcmbcfs of the new Aflembly met accord-
inM«rch,i694.ingtothe^rjtoCfunimons, in March 1694, and
chofe Colonel Peir^on for their Speaker, Mr. Gra-
ham being left out at the eledion for the city. The
Ihortnefs of this feflion; which continued only to
the latter end of the month, was owing to the dif-
agreeable bufinefs the houfe began upon, of eX'a-
mining the flate of the publick accounts, and in
particular th^ mufter rolls of the volunteers, in the
thlSeJnOTand P^^ °^ '^^ provincc. They, however, refumed it
Aflembiy. again in September, and formally entered their dil-
, fatisfa6tion,
i>AltT til.
NEW-YORK.
119
IC
fatisfaftion, with the Rccciver-Qeneral's acco> •>ts.
The Governor, at the fame time, blew up ne
coals of contention, by a demand of additional
pay, for the King's foldiers, then juft arrived, and
' new fupplies for detachments in defence of tite
frontiers. He at laft prorogued them, aftei- ob-
taining an a£t for fupporting one hundred men upon
the borders. The mme difputcs revived again in
the fpring 1 695 •, arid proceeded to fuch lengths,
that the Aflembly afked the Governor's leave to
print their minutes, that they might appeal to the
publick. It was at this fefllon, on the 12th of
April, 1695, that upon a petition of five Church
Wardens and Veftrymen of the City of New-Yorkj
the Honife declared it their opinion, ** That the a refoiution 6f
*' Veftrymen and Church Wardens have power to *^«=^ '^•n*'™"{f.
*^ call a didenting Proteftant Minifter, and that he renting Miniften
, *' is to be paid and maintained as the aft direds."
The intent of this petition was to refute an opinion
which prevailed, that the late Miniftry a£b was
made for the fole benefit of Epifcopal Clergymen.
The quiet, undifturbed ftate of the frontiers,
while the French were endeavouring to make a
peace with the Five Nations, and the complaints of
the volunteers^ who had not received their pay, very
much conduced to the backwardnefs of the Aflem-
bly, in anfwering Fletcher's perpetual demands of
money. But when the Indians refufed to comply indl^n Affairs*
ivith the terms of peace demanded by the Frertch
Governor, which were to fufFer him to rebuild the
fort at Cadaraqui, and to include the Indian allies,
the war broke out afreih, and the Aflembly were
obliged to augment both their detachments and
fupplies. The Count Frontenac, now levelled his
wrath principally againft the Mohawks, who were
more attached, than any other of the Five Nations to
our intereft : but as his intentions had taken air,
he prudently changed his meafures, and lent a
party
120
THE HISTORY OP
parly of three hundred men, to the Ifthmus at
iNJiagara, to furprife thofe of the Five Nations, that
might be hunting there. Among a few that were
met with, fomc were killed, and others taken pri-
foners, and afterwards burnt at Montreal. Our
Indians imitated the Count's exartiple, and burnt
ten Dewagunga captives.
Colonel Fletcher and his Aflembly having come
Another Afleni- to an opcn fuptutc in thc fpring, he called another
ilfgs.'" ^"""* i" J""c> of which James Graham was chofen
Speaker. The Count Frontenac was then repair-
ing the old fort at Cadaraqui, and the intelligence
of this, and the King's aflignment of the quotas
of the feveral colonies, for an united force * a^ainft
the French, were the principal matters which the
Governor laid before thc Aflembly. The lilt of
the quotas was this.
Pennfylvania, j^ 80.
MafTachuiTets Bay, 350.
Maryland^ 100.
Virginia, 240.
Rhode ifland and Providence
Plantation, £ 48.
Conne£licut^ 120.
New. York, 200.
As a number of forces were now arrived, the
Aflembly were in hopes the province would be re-
lieved front raifing any more men for the defence
• As fuch an union appeared to be neceflary fo long ago,
it is very farprifing that no effeflual fcheme for that purpofe
has hitherto been carried into execution. A plan was con-
certed, in the great Congrefs, confining of commiflioners
from feveral colonics, met at Albany, in 1754; but what ap-
probation it received at home, has not hitherto been made
publick. The danger to Great Britain, apprehended from
our-united force, is founded in a total ignorance of the true
Hate and character of the colonies. None of his Majefty's
fubjefls are more loyal, or more llrongly attached to protefianc
principles ; and the remarkable attedation, in the elegant ad-
direfs of the Lords of the 13th of November I7s5, in our fa-
vour, •* That we are a great body of brave and faithful fub-
*' je£ts," is as jullly due to us, sis it was nobly faid by them.
of
fAiLT III.
NEW-YORK.
1*1
of the frontiers ; and, to obtain this favour of the
Governor, ordered loool. to be levied, one half
to be prefented to him, and the reft he had leave
to diftribute among the Englifh officers and fol-
diers. A bill for this purpofe was drawn, but
though his Excellency thanked them for their fa-
vourable intention, he thought it not for his ho-
nour to confent to it. After [ ifllng feveral laws,
the feflion broke up in perfect harmony, the Go-
vernor in his great grace, recommending it to the
Houfe, to appoint a Committee to examine the
public accounts againft the next feflions.
In September, Fletcher went up to Albany, Indian Af^n.
with very confiderable prefents to the Indians,
whom he blamed for fuBering the French to re-
build the fort of at Cadaraqui, or Frontenac, which
commands the entrance from Canada, into the
great I iake Ontario.
While thefe works were carrying on, the Dio-
nandadies, who were then poorly fupplied by the
French, made overtures of a peace with the Five
Nations, which the latter readily embraced, becaufe
it wks owing to their fears of thefe Indians, who
lived near the Lake Mifilimachinac, that they
never dared to march with their whole ftrength
againft Canada. The French commandant was
fully fenfible of the importance of preventing this
alliance. The civilities of the Dionandadies to
the prifoners, by whom the treaty to prevent a dif-
covery was negociated, gave the officer the firft fuf-
picion of it. One of thefe wretches had the un-
happinefs to fall into the hands of the French, who
put him to the moft exquifite torments, that all fu-
ture intercourfe with the Dionandadies ^ight be
cut off. Dr. Colden, in juft refentment for this
inhuman barbarity, has publilhed the whole pro-
cefs from La Potherie's Hiftory of North Ameri-
ca, and it i$ this :
cc
Thff
Crutlty of tkt
French to an
Jndiaa priibncr.
THE HISTORY OP
** The prifoner being firft made faft to a ftake^
fo as to have room to move round it ; a French-
man began the horrid tragedy, by broiling the
flefli of the prifoner's legs, from his toes to his
knees, with the red-hot barrel of a gun. His
example was followed by an Utawawa, who be-
ing defirous to outdo the French in their refined
crueltv, fplit a furrow from the prifoner's
" fhoulder to his garter, and filling it with sun
^* powder, iet fire to it. This gave him exquifite
pain, and raifed excellive laughter in his tor-
mentors. When they found his throat fo much
parched, that he was no longer abk to gratify
their ears with his howling, they save him wa-
ter, to enable him to continue their pleafure
longer. But at lad his ftrcngth failing, an Uta-
wawa fleaed off his fcalp, and threw burning hot
coals on his fcull. Then they untied him, and
and bid him run for his life. He began to run^
tumbling like a drunken man. They (hut up
the way to the eaft, and made him run weftward^
the country, as they think, of departed mifera-
ble fouls. He had AiH force left to throw ftones^
till they put an end to his mifery by knocking
him on the head. After this every one cut a
flice from his body, to conclude the tragedy with
a feaft."
From the time Colonel Fletcher received his in-
i):ru£biohs, refpefting the quotas of thefe colonies^
for the defence of the frontiers, he repeatedly, but
it\ vain, urged their compliance with the King's
direction ; he then carried his complaints againft
them home to his Majedy, but all his applications
were defeated by the agents of thofe colonies, who
refided in England. Ai foon therefore, as he had
laid this matter before the AfTembly, in Autumn
1695, the houfe appointed William Nicol, to go
home in the quality of an agent for this province,
for
<c
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«c
cc
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cc
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cc
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c.
cc
N E W-Y O R K.
123
for which they allowed him loool. But his folli-
cications proved unfuccersful, and the inftrudtion,
relating 10 thefc quotas, which is ftill continued,
remains unnoticed to this day. Fletcher maintain-
ed a good correfpondence with the AfTembly,
through the reft of his adminiftration ; and nothing
appears, upon their journals, worth the reader's at-
tention.
The French nerer had a governor, in Canada,
fo vigilant and active as the Count de Frontenac.
He had no fooner repaired the old Fort, called by
his name, than he formed a defign of invading the
country of the Five Nations with a great army.
For this purpofe, in 1696, he convened at Montreal Expedition oMw
all the regulars, as well as militia, under his com- ^n"" agtlnft'the
mand ; the Owenagungas, Quatoghies of Loretto, onondaja la- ,
Adirondacks, Sokakies, Nipiciriniens, the profe- '^''
lyted praying Indians of the Five Nations, and a
few Utawawas. Inftead of waggons and horfes,
(which are ufelefs in fuch a country, as he had to
march through) the army was conveyed through
rivers and lakes, in light barks, which are portable,
whenever the rapidity of the ftrcam and the crof-
fing an ifthmus rendered it neccflary. The Count
left La Chine, at the fouth end of the idand of
Montreal, on the 7th of July. Two battalions of
regulars, under the command of Le Chevalier de
Callieres, headed by a number of Indians, led tlie
van, with two fmall pieces of cannon, the mortars,
grenadoes, and ammunition. After them followed
the provifions: then the main body, with the
Count's houfhold, a confiderable number of vo-
lunteers and the engineer; and four battalions of
the Militia commanded by Mondeur de Ramezai,
Governor of Trois Rivieres.
Two battalions of regulars and a few Indians,
under the Chevalier de Vaudrueil, brought up the
rear. Before the army went a parcel of fcouts,
to
i«4 THEHISTORYOF
to dcfcry the tradts and ambufcades of the enemy.
After twelve days march, they arrived at Cadarac-
qui, about one hundred and eighty miles from Mont-
real, and then croffed the lake to Ofwego. Fifty men
marched on each fide of the Onondaga river, which
is narrow and rapid. When they entered the lit-
tle lake*, the army divided into two parts, coaft-
ing along the edges, that the enemy might be un-
certain as to the place of their landing, and where
they did land, they erefted a fort. The Ononda-
gas had fent away their wives and children, and
were determined to defend their calVle, till they
were informed by a defcrter of the fuperior ttrength
of the French, and the nature of bombs, which
were intended to be ufed againft them, and then^
after fetting fire to their village, they retired into
the woods. As foon as the Count heard of this,
he marched to their huts in order of battle ; being
himfelf carried in an elbow chair, behind the ar-
tillery. With this mighty apparatus he entered it,
and the deftruAion of a little Indian corn was the
great acquifition. A brave Sachem, then about
a hundred years old, was the only perfon, who tar-
ried in the caftle to falute the old General. The
Cruelty of the Frcnch indians put him to torment, which he cn-
French to an old dured with aftonifliing prefence of mind. To one
who llabbed him with a knife, " you had better, fays
«* he, make me die by fire, that thefe French dogs
" may learn how to fuffer like men : you Indians,
" their allies, you dogs of dogs, think of me when
'* you are in the like condition, -f." This Sachem
was the only man, of all the Onondagas, that
Indian captive.
• The Onondaga Lake, noted for a good fait pit at the
fouth eaft end ; which, as it may be very advantageous to the
garrifon at Ofwego, it is hoped the government will never
grant to any pri%'ate company.
t " Never perhaps, (fays Charlevoix) was a man treated
" with more cruelty, nor did any ever bear it with fuperior
'* maj^nanimity and refolution."
was
»«$
>ARTiii. NEW-YORK.
was killed ; and had not thirty- five Oneydocs, who
waited to receive Vaudrueil at their caftlcs, been
afterwards bafely carried into captivity, the Count
would have returned without the Icaft mark of tri-
umph. As foon as he began his retreat, the Onon-
dagas followed, and annoyed his army by cutting
ofFfeveral batteaus.
This expenfive enterprife, and the continual in-
curfions ot the Five Nations, on the country near
Montreal, again fpread a famine through all Cana-
da. The Count, however, kept up his fpirits to
the.laft; and fent out fcalping parties, who in-
fefted Albany, as our Indians did Montreal, till
the treaty of peace figned at Ryfwick, in 1607. peace of Ryr,
Richard, Earl of Bellomoni, was appointed to**'^''> '•» »^97.
fucceed Colonel Fletcher, in the year 1695, but
did not receive his commiffion till the i8th of June,
1697; and as he delayed his voyage till after the
peace of Ryfwick, which was figned the loth of
September following, he was blown off^ our coaft
to Barbadoes, and did not arrive here before the The Eari of
J r A •! ^ o Bcllomont fuc-
2a or April, 1098. „eds Colonel
During the late war, the feas were extremely Fletcher in tha
infefted with Englifli pirates, fome of whom failed Apriin^^S'"*
out of New York ; and it was ftrongly fufpefted
that they had received too much countenance here,
even from the government, during Fletcher's ad-
miniftration. His Lordfhip's promotion to the
chief command of the Maffachuflets Bay and New
Hampfiiire, as well as this province, was owing The province!*
partly to his rank, but principally to the affair of jj^'^^s'''**'*^ P'-
the pirates ; and the multiplicity of bufincfs, to"
which the charge of three colonies would necef-
farily expofe him, induced the Earl to bring over
with him John Nanfan, his kinfman, in the quality
qf our Lieutenant Governor^, When Lord Bel-
was
His commifllon was dated the firft of Jaly, 1679.
lomont
t26
THE If ^ S T O R Y OF
«t
(t
lomont was appointed ^o the government of thefe
provinces, the King di<jl him the honour to fay,
that he thought him a man of refolution and in-
tegrity, and with thef^ qualities more likely than
any other he could jchink of, to put a ftop to
the growth of piracy^"
Thir Earl of Bcforc the Earl let out for America, he became
r;"oJ^";!°S! acquainted with * Robert Livingfton, Efq-, who
fttii tijem, was then in England, foliciting his own affairs be-
fore the council and the treafury. The Earl took
Qccafion, in one of his conferences with Mr.
l/ivingfton, to mention the fcandal the province
was under on account of the pirates. The latter,
who confefled it was not without reafon, brought
the Earl acquainted with one Kid, whom he recom-
mended as a man of integrity and courage, that
knew the pirates and their rendezvous, and would
undertake to apprehend them, if the King would
employ him in a good failing frigate of thirty guns
and one hundred and fifty men. The Earl laid the
propofal before the King, who confulted the Ad-
miralty upon that fubjedt ; but this projedt droped,
thro' the uncertainty of the adventure, and the
French war, which gave full employment to all
Que KW " em- the ftiips in the navy. Mr. Livingfton then pro*
J^e ^^ *Jhe pofcd j| private adventure againft the pirates, offer-
command of a ing to be concerned with Kid, a fifth part in the
^vateer> in ^j^j^ ^^^ chftrges, and to be bound for Kid*s exe-
* This gentleman was a Ton of Mr. John Livingiton, one
of the Commiinoners from Scotland to King Charles II. while
he was an exile at Breda. He was a clergyman diftinguiihed
by his zeal and induftry ; and for his oppofition to epifcopacy,
became fo obnoxious after the reftoration to the Engliih coart,
^that he left Scotland, and took the paftoral charge of an En-
gliih Prelbyterian Church in Rotterdam. His defcendants are
very numerous in this province, and the family in the firft rank
ibr their wealth, morals, and education. Tm original diary»
in the hand-writing of their common.anceftor, is mil amongf^
tli^^tm, aiid contains 9 hiftoiy of his life* ^
cution
PART im
N E W-Y'O R K.
"7
/
ful execution o£ the commiffion. .. The King then
approved of the defign, and referved a tenth Ihare,
to Ihew that he was concerned in the enterprife.
Lord Chancellor Somers, the Duke of Shrewlbury,
^he Earls ot Romney and Oxford, Sir Edmund
Harrifon and others, joined in the fchcmt, agreeing
to the expppcc of 6000I. But the managenient of
the 'vliole affair was left to Lord Bellomont, who
gave orders to Kid to purfue his commiffion,
which was in common form. Kid failed from Ply-
mouth, for New- York, in April, 1696 ; and af-
terwards turned pirate, burnt his Ihip, and came"« ,'^"';*"f«
T»'/i 1 iT^i 1 1 11 • T T* turns pirate
to Bofton, where the Earl apprehended him. riis Wmfeif.
Lordlhip wrote to the Secretary of State, dcliring
that Kid might be fent for. The Rochefter man
of war was difpatched upon this fervice, but being
driven back, a general fufpicion prevailed in Eng-
land, that all was collufion between the miniftry
and the Adventurers, who, it was thought, were
unwilling Kid 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
be turned out of their employments, but it was
rejefted by a great majority.
The tory party, who excited thcfe clamours,
though they loft their motion in the Houfe, after-
wards impeached feveral whig Lords i and, among
other articles, charged them with being concerned
in Kid*s piracy. But thefe profecutions ferved only
to brighten the innocency of thofe againft whom
they were brought 5 for the impeached Lords w^re
honourably acquitted by their Peers.
Lord Bcllomont*s commiffion was publifhed in Adminiftration
council on the day of his arrival ; Colonel Fletcher, Beiiomon " *^
>vho fti|l ?"em^ined Governor under the proprietors April 1698.
of
tuB THE HISTORY OF
of Pennfylvania, and Lieutenant-Governor Nanfan
being prefent. The members of the council were,
Frederick Philipfe, William Smith
Stephen Van Cortlandt, William Nicdll,
Nicholas Bayard, Thoma? Willet,
Gabriel Mienvielle, William Pinhorne,
John Lawrence.
J^ainft'the'^'r^' After thc Earl had difpatched Captain John
GovCTnorCor^Shuyler, and Dellius, the Dutch minifter of Al-
fietdxcr, bany, to Canada, with the account of the peace,
and to folicit a mutual exchange of prifoners ; he
laid before the council thc letters from Secpetafy
Vernon and the Eaft-India Company, relating to
the pirates; informing that board, that he had an
affidavit, that Fletcher had permitted them to* land
their fpoils in this province, and that Mr. Nicell
bargained for their protedlions, and received for
his fervices 800 Spanifh dollars. NicoU confef&d
the receipt of the money for proteftions, but faid
it was in virtue of a late Aft of Affembly, allow-
ing privateers on their giving fecurity j but he de-
nied the receipt of any money from known pirates.
One Weaver was admitted at this time into, the
council-chamber, and afted in the quality of
King's Council, and in anfwer to Mr. NicoU, de-
nied that there was any fuch A6t of Aflembly as
he mentioned. After confidering the whole mat-
ter, the Council advifed his Excellency to fend
Fletcher home, but to try NicoU here, becaufc his
eftate would not bear the cxpence of a trial in
England. Their advice was never carried into
execution, which was probably owing to a want
of evidence againft the parties accufed. It is ne-
vcrthelefs certain, that the pirates were frequently
in the Sound, and fupplied with provifions by the
inhabitants pf Long IHand, who for many years
VART III.
NEW-YORK.
129
afterwardsj were fo infatuated with a notion that
the pirares buried great quantities of money along
the coaft, that there is Icarcc a point of land, or
an iQand, without the marks of their auri facra
fames. Some credulous people have ruined them-
felvcs by thefe refearches, and propagated a thou-
fand idle fables, current to this day, among our
country farmers.
As Fletcher, through the whole of his admini-
ftration, had been entirely influenced by the ene-
mies of Leifler ; nothing could be more agreeable
to the numerous adherents of that unhappy man,
than the Earl's difaffedion to the late Governor.
It was for this reafon, they immediately devoted
themfeives to his Lordftiip, as the head of their
party.
The majority of the members of the council
• were Fletcher's friends, and there needed nothing
,- more to render them obnoxious to his Lordlhip.
LcifleVs advocates, at the lame time, mortally
hated them; not only becaufe they had imbrued
their hands in the blood of the principal men of
their party, but alfo becaufe they had engrofTed the
fole confidence of the late Governor, and brought
down his refentment upon them. Hence, at the
commencement of the Earl's adminiftration, the
members of the council had every thing to fear;
while the party they had deprelTed, began once
again to eredt its head under the fmiles of a Gover-
nor, who was fond of their aid, as they were ibli-
citous to conciliate his favour. Had the Earl
countenanced the enemies, as well as the friends of
Leiiler, which he might have done, his adminiftration
would doubtlefs have been eafier to himlirlf and ad-
vantageous to the Province. Rut his inflexible
averfjon to Fletcher prevented his afling with that
moderation, which was neceflfary to enable him to
K govern
•
130
JHE HISTORY OP
govern both parties. The fire of hi? (emper aiw
pearcd' very fcarty*, ^h «his Yi^f^nffinr !^r;%iiBJl
>ftein t*te boaird (if Cc-jncft; "ina^Wig?a trtty R^-c^S.
t^in«> recogrtiztthce in >itK561f ti'^ aiiiWfer'A'^^
Mr;78, iT9s!''C0hd,ija relating to tfi* droteaid^^y ©i^t ftlk-l^^^
COi^ht? New Aflembly, c6ttveri^^^^e'i'8tfi"<9f
IWay, gave th^ folfeO: evideWte bf (iJ^abSbn^ne^'-cf
the late adminiftratioh. PMJIp FtfertdhWs c^B^f^
«|>eakeri and waited upon' his EkcdHert^^ >jyftllthe
^ufe/wheh hi^>ML.()^aftiip fpolce^ld^^tri
Lord
Ibllowing manhe^V ri>i/iw IvidinaliA Itiian^a ^^
Beiio- » > vt». I cannot butX)brerVfc'trivoli;^*vihif*a StAWniy
^^';;yP"'^**^predec€irGr has left m^,^^hd» wH^,.teSltitt to
" ftruggle with j a divided people, an ^^pfc^|ildirre,
^ li few imiferablei nakM,' 'l!iflf^ft»i*^ed^Ybi^cif/ - ^
{^^ half the number'the Kirtg^tfttoted ^V^f'V^
H^^forcificfttioni, andar^ tfifc GtWefttiif'riiStir^^*^]
** rtiuch oiifc «f rtfiAtf; in<a irl-ia wiiPtfctfii^WWfe 1^-
K ! r "*^ verhriafcrtfe 5<s,y t ^-fraibiei^^ It h^H^b^H re^>i!i^Ht-
.» t>/ict i^Mcd w the Govd-ttWiertt in Efigfforii^/MlhisFj^
'' " ^flvincc has biteri'*[iiioecd i^t(ij^li^crafSitdi°i
"'>«'' :thett'a/de ol i^ Vinderfao!^^^
.ih.x*4 ^^i '^ off trade VWlftttdby this itegkidl' ^^n(i fctitfni^^iie
** <)f thofei \i1ibft%aij^ Tt Wat to hai^pi^ehted'H^^
oUAftiir^this ifttfrodoAion, he' jj>titt ttli^fti. ki^ifld
tliatthfc revenue w% neaf expiring.- "^» ft WouKf lie
'^ f« hard, fays he,' if I'thkt come ia<n6Hg'y<^ to^Sn
'^ -« th^^ineft tniftd^/kfiid^ a- refolmioiw ta^ jtitt W^our
~i^ ^tereft, fhould nieet wifih g^ate^^djfficiiltte^'-in
3rti«he discharge bfhij MAjtay*^ fti-vfi^cfi ifian^^fidfe
»Mkhat h«ve gtttte^fdre me. r Will^take cit^ tfiifre
«»^ihaH b^nti mife]j]plkatiort of the^JJubfi^e Jttbjft
i^^lrmW pocket n^rtedf it m yfe*^, nb^ (hall lilieS^
-^^» iny embciilettient by echo's** biit ckM^'^h'-
M^tmnt^ ihaH # g^^n you, whi^ri; %nd V as; ^^
i4«''a&youiha1lrttiufre.'* '^^^ .''i- .muduobl.
jf i ? It* Wis cuftomtf ry wlt*( FkttlkiV *«> Bfe^f^rrtifit ah
ti^ field, to infiucnde el0ioh#i,' ilia^«s tftifWem-
■•Vii
»A11T III.
N E W-Y O R K. *3>
;e3,n^ ^U time, of but nineteen mem-
rtmy j^Wfi fjtop cafijly influenced to fcrve the
pfiY2ue.fp4^ of a la^ion* For that reafon, his
Ifpfiubip ^i$ warm in a fcheme of increafing their
^number, at .preient, to thirty, and ip, in propor-
tion;), ^ tJiq^qlony became more populous *, and
henqe we.iiad the following claufe in his fpeech.
:f^, jp^ou CiMiqpt but know, what abufes have been
,^Vf9|rn^qfly in ^le^ipDS of members to ferve in the
'** general Ailembly, which tends to the fub"
•' yerfiop of your liberties. I do therefore re-
*T ppli^mend the making of a law to provide
The houfe, tl^P*! unanimous in a hearty addrefs
thinks to the governor for hi$ fpeech, could
fc^ f^rte iipc^ any thina j^lfe. It was pot till
^ii^nj(i)g of June;, be&re ^hey had finiflied the
<?P^9»yP''fiqa,;rfilating to the late turbulent elcc-ThcAfremWy*
dmis,}^.^i>^^v<^q then fix members feceded from the<ii»oivej j»ne
J^l|^j)R^ych..obJigf^^ E3tcf?lkncy to diflblvethe'*' '^^^*
^a^t^bly, ^ the 1 4^h of June, 1 69 8 . About the Two member.
.;^fpi?, tjflTf, -tbe Gp^vernor difra^ed two of theafeSmiflw.'*'
cai^n5^|jj jPii?horne, for difrefpcftful words of the
j^fpgt ,^nd, fif!t)qK the Recci^^cr-Gcneral, who
!^^^^^lp curtied out of that o^e, as well as re-
j-^lWpd from his place on the bcOlch, Exchange ©f
iJol'^J^^ the difputes with the French, concern- ;£fTrU"':,f
,in^.5^c^p^c;hanging of prifoners, .obliged his g,^cel- Canada.
!^|l^P9y,tq go i^p to Albany, When J;he E*rl fent the
,^^^icpynt,QI .the conclufion of ^he peace to the Go-
yjt^^w '^I'^nada, all the French prifoners iniour
cuftocyV'iY'f^fe^eftorcd, ard as to tnofe^ among the
,4ndijan^ he promifcd to ordqr them to be fafely ef-
j9oai^4 to Montreal. His Lordihip then a^ded,
' «> I Vl/Mlkr n/Mi' C:» •L/.*- ..#%..* Vtn .T,ni«>i .^».* ...Ill
u
doubt not. Sir, that you, on your pact, will
j^ljoj i^ui? fU3 order torelieve the fubjefts of ■ the
?n0ng^': captivated during the war, ,iv^tj^
^* Chriftians or Indians."
Ki The
/
'33
1. 1
•I s
f
-
h
THE HI S T O R y O F
The Count, fearful' of being drawn into an im-'
plicit acknowledgment, that the Five Natrons were'
fubjeft to the Englifh Crown, dfemandcd ihc'
French ppifoners, among the Indians, tO'be broughe
to Montreal', threatening, at tthe faftief time* to-
continue the war againft the confederates', if thefi
did not comply with his requeft. After the Ear'.'i'
interview with them, he wrote a fecond Ictteb *^ to?^
the Count informing him, that iheyhtjdtinfi^ortu-i
nately begged to continue under the pio^edtrori of
t'le Englifh crown, profcffing an invidiaWe fubi
jedion and fidelity to his Majefty^ and that the
Five Nations were always confidered a^ f»bjcftsj'
which, fays, his .Lordfhip, *^ can be mariifefteU^to
** all the world by authentic and' folid'^yroofSiT^
His Lordfhip added, tba* he would not fuflferihdi*i
to be infuked, and threatens -to execute the laws o£-
England upon the mifllonaries, if they icoiirtihiiJed
any longer in the Five Cantons. • A refoluto ipM^
rit runs through the whole letter, whicb conduces
in thefe words: ** if it is neceffary, IrT'\viU)iaiT<ij
" every man in the provinces, under n^ygoveroi
;" menr, to oppofe youj and rcdreft' thCr injury
;*' that you may perpetrate againft our ilndjij^nsi??
; The Count, in his anfwcr, propofed to r^f^c the
difpute to the CGmmiffarics, to be appoiht^ ac?^
cording to the treaty of Ryfwick f ; but th« EJaiirl
continued the claini, infifting that the FTeiie^-pi]7N>
foners fhould be delivered up at Aibany. - >(^»i^:l
'* Charlevoix has publiihed both tjiefe leitt$rs;>at li^rge, Jto,^
gether with Count Frontenac's AnfNyer., I hay^ ha^ no op-
portuftity oif enquiring into tfce Jefuit's inte|;rity, 'in theto
tranferipts, Being unable to find hi$ Lordffiip^ii leit^ H mS
Secretary's Office. , - , . ;; t.jvv
f The Count mifunderflood the treaty. Np.prov^OQrw;^'
made by it for commiflaries to fettle ^he limits tet>yeen„t]ie
Engllih and French poffeffions. But only to examine aMcl'ae-
termine the controverted rights and pretenfions to Hudfon's
Bay, U b'jinrr'T tL'SfWwnO iM *
The
|>ART III.
NEW-YORK.
133
nlm-
I were
i thcf
oughd
•iCi to
f theyr
Ear'/r
tbil of
« fubA
at the
►bjeftsj
:ftcU^to
roofs i^
n<?l tides
vge, *9r
»9^ op-
lUthefo
"mt
[udfon's
The
• r-The FrcnchCount dj^ing while thw matter was ^'^'^'j ^^fp^jjj^
coQtroverted; MohfieUr Dc Callieres, his fucceflbr, tenw, °
fent Ambafladors thetiext year, to Onondaga, there
to'rcgulate theexch^-_^^ of prifoners, which was
accompliflicd without the Earl*s confent •, and thus
the 'importanc point in difpute, remained unfettled.
The Jefuk Brojras, 'i^hbv^as upbri this cmbaflage,
offered to live at Onondaga-, but th6, Indians re-
fufed his belt, faying that Corle^r, -br the Gbvernor
of New York, had already offered them minillers
for their inftruftion.
' Grear alterations wcfe made in council, at His JJ" hVcwa
Excellericy's return from Albany. Bayard, Mein- of New York.
vielle; Willet, Townly, and Lawrence, were all
fbfpend^d on the 28 th of September ; and Colonel
Abriahahi Depeyfter, Robert Livingfton, and Sa-
muel Staats, called to that board. The next day,
Frededrick Philipfe, refigned his feat, and Robert
Walters was (Worn in his (lead.
The new alTembly, of which James Graham was jj 7^'^j^^l^^J'^'
chofen Speaker, hiet in the fpring. His Excel- 1699.
lency fpoke to them on the 21ft of March, 1699.
'v As iher late affembly was principally compofed
of Anti-LeifleriafiS, fo this (ionfifted, almoft en-
tirely, of'theoppofite party. The eledions were
afttejided with great outrage and tumult, and many
app>li cations made relating to the' returns ; but as
Abraiham^ Governeur, who had been Siecretary to
Lei^er, got retlitned for Orange' Coiihty, and was
ver^ aftive in the houfe*, all the petitions wer,e
-w^^d withbut certmony. / -."
'*^\^'bib'ftg, the principal a6ts, pafled ajc this fe(ri'on,Aasafth5«Af-
tlferc was orte for indeiijhifying thofe who were ex-^""'''^*
cepted out of the general pardon in 1691 ; another
agairift ^p'iratesj bn^ for the fettlemeht of Mil-
'b,9r^«i*s ettatc J an<i aihother. to raife fifteen hundred
.4 -'iji uvii , ' ■ ' '■■ .... - ,
' *' Mr. Goveraetir married Milborne*s widow.
# t K 3 pounds.
»34
THE HISTORY OP
:i
I
pounds, as a prefent to his LordHiip^ an^iiive
Hundred pounds for the LjeutienanirCjQver^Qry his
kinfman. Befides which, the V^Veiiiie was c6nf|-
nued for fix years longer. A neceifai^y |^w,Was
alfo made for the regulation pf ^ie£^i6iits,coi>'tair^^
inff the fubftance of the Enslilh (jUtdtes 6t i Hen.
Vr. Chap.yil. andthcrSnaji^ir^
Rednftion of Thls aflembly tiook, alio, ihtipi ;conJ[iiJehiti<m
fa^tSfiu Aindry extravagarit grants df land,: whicK mm
been improvi- Flctchcr had mitdc to leveral of hi* favouritei.
dentlyg,«Ud ^^^^^ ^^^f^^ ^^^ ^^^^^ ^^ pel%S, tllC I>qt|^
minifler, and one to Nicholas Bay arcL yf^f§^,hp
moft dOnfiddrable. Dellius was one c^the .G^n^
milTioners for Indian affairs, ahd Iiad fr^aji&nt-
ly bbtaii^ed thp frtdiari deeds,' a|Ccoi^dirtg tio^^^ft^
the patents hpd Been granted. drie^oirt|^i^]^i|r|jitt$
iflidudedarithi lands within (^<fve,mitoion I *
Eaft fideofHtidibiiVi rive^,;ana-pi^
miles in'leneth^ from the Nbrtii bbiiHds of ^arasjir
toga. The fecond pfitent, which, ^^ gi^an]^ to
hirti in company wjth Pinhprne,, j^ancker^ W^
others, contained all the land^ within nyoip^ueso^
the Mohawks river, and along Its banks ^
tent of fifty miles. Bayard's giihlt, w^s |^©
land^ In that crouhtry,. and very qctravaga^t,.^ Mlfr
Bellomdnt, who juftly thought thei[eci;J|^loac
with tht trifWrio: anoualrelervaticiiiM %^fe)¥^^^
would irhped^ l.he fetttement of tKci cpu^ifry, .^
well^ alienate the afiedticns of durTni^W Mij^»
wffely procured recOmmendatoi^ iHfifrd^pi^s |^
the Lbrds Juftices, for vacating ' ihjO^^V,Ba<i<?^|Cf|,
whrchwasnow regularly accoiiiSimcS iw a law.
and 0ellf di- tlfcrc^ iuipcnded te fo^Mii^
^ EiA lia^li% tliui'darf&d'kirKll pbfnir^t
Nifiw-York, iiEt otit:for Boftoh influiic, where,
j^tcrhehadfettfedlilsfelary, anW a^|rc|ier^ed' t^R^
pirate Kidd, he murned here asaih in the fiiil ^
id, five
:nt-
i^i '.ait
the
^ Qccafioncd' ^yy
provinon. was. made tor creqing;a ran iii tac • co%m-
E?v ipj^tKe Ononfla^'as^. bqr a^ tlijs was rcpe^\ejd/va
yW mpHo)S''^a|fi!^r^^^ King's providing fo? thf^t
litd^ftcfigi mq|f(^l ^neniy . to the Prcnch, as weM
'^" -* libcri^jr, hq wo^W douhtlefs have been ^^^^^ ^^ ^
blc. iqryice ib ihc Colony i but he 4ie^ EulotBeno-
: onffie 5th M, ^lJ^r(;h in xiok. when, he was "«"*• '" March
Dm ? utt Dccpme acquaiatcd with the volon y. , , , ,
j^ l^hc^>rt©t ??Uprnoot*s death was; the fourc^ of Difputes con-
wW f^biibles. for' i*Janfan- tie fiWenant-Gover- «"'?e ^^'J i"
aai-'Jltai yWJ^C''- i-i* ^ • ' n 'u J l- u r.> volunonofthc
nor, loeiife aWent iq Bai;badoe^, high dif- powers of go-
SJte[Jffo£^ir\on^,'th6 CouhfelliMfSpj concerning thf ^«"»™"*'
jfe^^fe ot^the powers of govcrnnjent.: Abrahani
^^M^^W^^ ^^^^* Rpbcri^.Waltq's. ^o4
ITidtfi* J^^ .who (id? d wjth . .iJiMf pai:^y that
mhena'i^^ ii^Tifted that,,^e CJoveriin)fi;nt
K^a^'ScV^Ycd'upQa the pouneil, wno..haci a riahtAtQ
,>j4ijifi neiufi/.. .rpO'>.' ■.-•> t: -' A^ -I •■ '■ i'c'"- u
Itl* and Robert LivingftPn, who did npt^r^eji^
town till the lift of March, iojncd, ^r.; Sn»th,
smd refurcd ,to^,apbeg£,^jt, jfae,x9u^il.|^pa^^
was c^nven^opp tne 'lecopd.pf ,.tha^-mpntf5, ,yfere
iiV^qlVtfiiefrpiexity, for they adjourned rrom day
to
136 THEHISTORYOF
to day, waiting the iflue of this rupture. Both
„ , ., - parties continuing inflexible, thofc mcmbcri, who
Rfvolutlon of r r 1 ^^ t 1 o • l r 1 11.-
tiie hmife otAf. opporeu Colonel Stnith, lent down to the houle a
u"Jn/ '*""'' rcprefcntation of the controverfy, alTigning a num-
ber of realons for the fitting of the aflfcmbly, which
the houfe took into their confideration, and on
the 16th of April refolved, that the execution of
the Earl's commifllon and inllrudlions, in the ab-
fence of the Lieutenant-Governor, was the right
of the council by majority of voices^ and not of
Confirmaticn of any fingle mcmber of that board -, and this was af-
iVTriie^""*' terwards the opinion of the lords of trade. The
difputes, nevcrthelefs, continuing in the council
ftrenucufly fupported by Mr. Livingfton, the houfe,
Qn the 19th ot April, thought proper to adjourn
themfclves to the firft Tuefday in June.
Lieutenant In this interval, on the igth oi May; John
Governor Nan- Nanfan, the Lieutenant-Govcmor arrived, and
the provinccln fettled the controvetfy, by takirtg upon himfdf
May, 1 70 1, the fupreme command. ■ > ,,
Upon Mr. Nanfan*s arrival, we had the agree-
able news, that the King had given two thoufand
pounds fterling for the defence of Albany and
.Schenedady, as well as five hundred pounds more
for erefting a fort in the country of the Onondagas.
And) not long after, an ordinance was .ifluedi
agreeable to the ipecial direction of the Lords of
cwrofch'an- Trade, forereaiiig a court of chancery, to fit the
fiery/in 1701. firft Thutfday in every month. By this ordinance
the powers of the Chancellor werC' vefted in the
Governor and Council^ or any two of that board :
Commifllons were alfo granted, appointing* mailer's,
clerks, and a regifter :. fo that this court was com"*
pleatly organized on the 2d of September 170 1,.
Atwood, who Was then Chief Juftice oi the
fupreme court, ^^?ts ftow fwofn of the council.
ij^braham de Peyfter and Ro(bcrt Walters were his
affift-
rART III.
w
N E W-Y O R K.
afTiftants on the bench \ and the former was alfo
made dcfnuy auditor-genera), under Mr. Blaith-
wait. Samplcii Shelcon Broughton was the attor-
ney-genera), and came into that office when Ac*
vrood took his i'eat on the bench, before the de-
oc&fe of Lord Bc^llomont. Both thefe had their
tommifllons from England. The Lieutenant-Go-
vernor, and the major part of the board of coun-
cil, together with the feveral officers above named,
being rtfongly in the intercft of the LeiHerian par- S;,^;;;/;?;.-'
ty, it wa&noc a little furprifing, that Mr. Nanfanfo'vestheaflem-
diflblved the late affembly on the ift of June laft. t'/„\^""* '»
({-Great were the ftruggles at the enfuing elections,
which, however*, generally prevailed in favour of
thofe 'liho joined Leifler at the revolution: And
hence, when the new affembly met on the 19th of AncwAHem-
Auguft 1701, Abraham Governeur was elefted for fj^'^f "*"'* *''
their fpeaker. Dutchefs was thought heretofore
rtcapablc of bearing the charge of a reprefentation :
but the people of that county, now animated by
the heat of the times, fent Jacob Rutlcn and
Adrian Garretfen to reprefent them in affembly.
cnMr. Nanfan, in his fpeech to the houfe, informs
them of the memorable grant made to the crown-,
on. the 19th of July, by the Five Nations, of a
vafi: trad of land, to prevent the neceffity of their
fubmiting to the French in cafe of a war ; that his
Majefty .had given out of his exchequer two thou- *
fand five hundred pounds ftcrling for forts, and
€oght hundred pounds to be laid out in prt-rcnts to
thelndiaosi*, and that he had alfo fettled a falary of
three hundred pounds on a Chief Juftice, and one on"h"chi!l*"*
hundred and fifty pounds on the Attorney- Gene- >«>« and an
jral, who were both now arrived here. ^"'"'^
Ti»j fire ofcontention, which had lately appeared
in the tumultuous eledtions, blazed out afrelh in oinentions in
the ^oufc. Nicoll, the late Counldlor, got him. the AAembiy.
iiAi& . felf
ielf ekaed fo^Sufiblki' atid'Wk^ m'fi^ii!s'af}klAj^
featediin the dhaJr: kill ^bi*bkrii^Gbverri^ur *^i$
chofen fpeaktt. ■ $ctcril rherfrtiiSrs' c^tMcd, that
he; being an ali<en, was unqudifi^ ibk^ tt>ait fbtib'hi
To this it was anfWercd, that h^ v^fki iit tfe PW
viiMfeinthc ye&r 1683, k t!he tiHncbf ^affi^^^^
aidl to naturalize all the fete i^hiibHrat^lis; p^f(MHrif
tbechrrftian rdigion'i and th^t fbr tJi^^ rtAnvM
ftnie objc6kion agairtlt him had ' bto oVtr^tutecl 'jii
the laft affcmbly. In return fo* this attidk, G^f-
verneur difpuied NicbU's tight 6f fiting as a iti^tti-
. ber ©f that hoiVfe; And fUcceeding iri a r^^
that he and Mn Weflblsi who had bto tettirrtif j
for Albanyi wcJ-fe^ ' both unqualified acco^dirtg ^S
the late aft, theybeihg neither of themtefiicitti^
the f e^eftive ootinf ies for ni^hich they wd^ 'cHof
This oceafidned ah mtprUdcnt f€!c^iQn (^
mcmbcrsi who hid joined the intereft ofMt. W?8^fl^J
which gave their adverfaries ah ' ♦ bppib^tM^*
to expeil thetn, and introduce dthd>s'\lh^li3^ ^
violent pro- Afhong the firft oppofers of Capt^frf
Sf Snlftl? n^'ne wis more corrfiderabfe than'MK^'IS^.
' The meafures Oif 'thb converttioin^ St' Aft
very much dire^ed' b^ his advlce^i - »fifW,
culiarlyobnojiious tb his adver&i»irtv ^
was a maii of fenfe and refohmbhj }t^6M
tions rarely to bei found united in oiitpikm i^ ttti^^
day. Mr. Livingftoifs -'iritimacJri''^^fi^'^tht^^Mi?
Earl, ijittdv tillthisfltrttoe, been hi* dejfiincb,* ^|;dhft
the rage of the partjp which he liid !f6rt^:id-^W^
pofed* J but as that' Ldrd ^as how dead} hHdJRfeJ
Liviflgftbn^s ccttidiiidl in council, in fa^ifr i^CW^
lonel Smitli, had given freih provocation to his
enen) i^9» they were iuUy bent upon hh^^flbftl'uAidh.
It was in exifcutiofi of this fcheme^ thi^ a$'i[^M''^
the difputed icUaibhs %ere oveir, the yiifi''{!i^ar
ceeded
^ , m E W*V O R K.
,^fee^4^<^^^9^>o^^ (^^ ^^ of the publick accoantsE^
;^^%th^y,;piprftly began at the iaie aflemblyw^iu^^
^^X^rF^*?^^ ,was, that he refuied to account
inij>^,if j)fi jMAbiiic^ i monies he had formerly received
•19
<^L ^^ tfr f^^i4?f!5 VPpn which, a committee of
l^pth,^^ palling a bill to confifcate
bj^^aje, i^i^^ftl he agreed to account byaccrtaiii
^^y. , Bu; iin^a4 ; pf chis,, an, a^ was afterwards
pa^fl jtp Qt>^ge.him,tQ account for a fum amounts*
i^)to ji^e^f eiglpiteei^ WhUe this
nji^^r.^as.pfanfa^ing, a new complaint was for<«
^^ ja^d,; Ke was fummoncd before another . com-
mjttepiPfTaoth hpufca, reliving .to his procuring
tKe,J^iji^Col>^atipiw tp^%^ that he
^|i|d,be jie^ home to folJicit their affairs. The
cui;|j!^f^a|it(;v of this charge can be ieen only through
tj^^p^n^ial QP^cks, with wl^ch his enemies then
iCf^^ed/hi^^J2|ehaifiour. Befides, there was no evi^*
* ^9{; to ippport it« and therefore the commitcee
ji^ref^ hiiii ;o pur^« himfelf, by: his own oath.
[r. Livingfton, who was better acquainted with
E^gli^ la^ and liberty, than to countenance a
pu^ice^^i^fodious, reje^ed theinlblent demand
m\^^a[iU^i^\ upon which the houfe^ ,by ;idvice of
trte^c^mj^tfj?,, addrefled the Lieutenant-Govenor,,
tOrtJ^^lfOF 1^ ^i^^y. ^° remove him fr^om his ofiiee
ll'etary^pf Indian affairs,, andithac the Gover^
mmSvi j5ii|f^^a)?i.time, wouW filfpend him from:
tltc3ci^i%jp|,hisxommiffion,^ffi^ .iM .vsri
Jl j[t. was ^t i^l?f ^1 jT^yourable cPPJe^ure, that Jacab^
l^l^^^^lff^iqn to the King* and, his Majefty's
lej^jwrW^ih^jj^^ Ea^ of BcUomosit, were, laid >hc-
fc|i;cj t^ ^(w^^i>iyp ifc^ifl«?» ' difpi^aied yf'itk €he> w?
,<h
.'ac
PAii (.1. n/.'Hf^ "070'',>
f^)MiuUivi(i^cb^(fe|llbil for ntt aktttin^g WtTs truly iiW:^'
•j^wMftMcil; ^ll)ooM<>9fic| vMtherti w«re taken into xhs
140
THE Hvl ST O R Y OF
" '.1
poitof the Lords of Trade, that his father and h^n
Ciptafft I tiiitr'4 brother Milboroe had fufFered according to lal^r^^
"Jjj"/bj Aftoflaid his cafe before the par^ament, and obtaincdi«
ParUament. an ai6b to reverfe the attainder. After which, he i
applied to the King, complaining that his fathi^r
had diiburfed about four thoufand pcfunds^ in pur-
chafifig arms and forwarding the revolution'; in
confequence of which he procured the following
letter to Lord Bellot«K>nt> dated at Whitehall the
6th of February 1699— i70o«>r|r, I j:rT • i
^»j<5 « My LdROi
i'>
f-f;^]T^HE King being moved upon the petition
**i <X fof Mr. Jacob Leifler, and having a gra-
*^ , cious^ fenfe of his father's ferviees and fqfferingsi
*f,'and the ill circui»iiai)ce& the petitioner is there-
*f by reduced tq^ his, Majefty is pleafed to direft,
" that the fame be tranfmitted to your Lordfhipi
't and that you recommend his cafe to the general
** affcmbly of New-York* being the only placfj
'i*, where he can be relieved, and the prayer of his
?,') I petition cQinply^d with. I am, . ,7 v
>;)tbitfft'ft^<?** Mod obedient and humble ftr^arit,
u^f'!?. -■•• ,-t1 t>>-=rf>A ■■ - ■ .^^'- ^( v* V, 4 ,j
ProceediBgs of ^8 fooii .^s^this letter and the petition ^i«
(^vot^oicll!" I^rovight into the houfe, a thoufand pounds were
Leinefs family, ordered to j^e levicd foc the benefit of Mr Leideri
as well as feveral fums for other perfons, by a bill
fpr paying the 4ebts qf ; the government $ which,
nevi)rchelefs did not paCs into a law,Mt»ll thonexi
feffion. Every *\m^ that was done at this metv-
l;jf!^'i ing
-)li I ct
rART III.
NEW-YORK.
T
ill
vilb-.:
ing of 'The-affeDhbfy,' which Gdntrnued till the i Sth
of Odksbef;- wax unte^the influence of a party'
fpirit 'i andnathmg «aiib« afuUef 'eViderfce of iCik-io/^A
than aiT'W'icorfeiffe', impfertinfent, addfefs to hisMa^.
jefty; vhich was 4fawii tJp by the hduf^, at thef
clofej of the feffiqri, and fignfed by fourteen of the'
members;, if t^omains a tedious harrativc of their
proceedings, fel'acittg to ^the dffputed tleftions, and
coiicludes With a IJttte incenfej t6 regale fbine of
the then principal agefits in the public affairs, in
thefe words:
" This neceffary account of ourfelve;? and our
" unhappy divifions, which we hope thie modera-
"!<^tibrt "bf bur' Lifeutenattt-Gbvernbif-,' the wiMomi
"iand pl'tidertce of Willianl AtWob'd, Efq.^our
'^ri^Uief Jufticej and Thb«^as WieaVfer, Efq. your
*^ ■^>i^dl:y'*sC)otIe<aoi:an^keceiver: General, im^ht
'• . e healed, we lay bcfbrc your Majefty wnK
•5 ,a4f Midility, and dee|> fertfe of your Majefty's
'^'■■gobetnefs to us, lately exprefled in fending over
*">f6 dxcellent^ pei-fon to be our Chief Juftice.*^
i'lfrhfe heWi of th^ King's hav-hig 'appointed r'<5rd j^f„^«''^5Vart
Corn bury to fucceeed thfe Earl bfBeUbmbrirjfouament, promo*
ftrondy animated the hopes of the Anti-lHeiflerian*^„^fiJj ^J'.^.^"
o -^ , , , , ' .^ )'i' T 'IfT , ; poiue party.
party, that about the commencement or the year
i7Q?s,!^icholas Bayard promoted feveral addreffes
to the King, the Parliament, and Lord Cornbury,
which were fubfcribed at a tavern kept by one
Hutchins, an alderman of the city of New- York.
In that to his Majefty, they affured him, ** That
*fr tfce ^fetd'difFefences \vere not' grounded b^n a
'^^egifd Cb his intet'eft, but the cbrrupt defigns of
**ihbfe whb laid hold on an ip^brtuhity to enrich
^< 'themfelves by tht* fpbih of thbtr neighbours."
The petition to the Pafliariknt fays,; that Leifler
Md hifi> adherents gained the fprtV fee tiie reVblutibn,
v^khout any oppOlitibrt j tliat lie bppi efied and rm-
:^-i' prilcncd
«4»
<) lotbiM .itv
•1 fci
t HE' MISTO k^ OF ^;,
^rifoned the people whhbtitcaiife^^lilndef^^ th^m
6f thdir goods, fliTid compiled th3^1:dJHeV their
t<mvty, tho» they vrrc wel^ iff^a^^^
Uf Ortnge. That the Earl of iBef^6nn»)c appoin^d
indigbntlhcnffs, who rcturt^d/fcidi XemWs ,«o
^tfcrSflfembly i^' Were undtily tl^Mai W m his
l-<itdlhip's cftccm:' ; TK4^ heTuliiy^cd 'man vtrpjn
thte Bbard of CouV^iitj^^o^^^^r^^^^^
«he Crown, irityddu^lng his , oHn^n 'it<66ls in ^ih^Jr
ftcid. ISfat they deitiea 1% mority of iiie late
Aflcmbly, ^hd;iidd^i. mt^the^ &fe^1ia<f p^
both the LieufenaiU-<5bVcrnor andi the <?hi«'' W-
tiee ; the on<i to pafi tHeii^ biH^ aKd: 'the diher>
<Jtfciid the legality of th^n: pi^oceedii^es. ^^m^
addl^efs ii^s prepared to b^pirefei^dl id L^
bury, to congratulate his afriVai,% ^<^lf ^jpreir
pofi^fs him in iheir f^V^tir/as td'^^rejudi^ him
Jigaihft the bppofite Jja'r^y. ; ' !,'l'di
Kothin^ could have k jpore riatiiral tihdi^^^o
Ifxcite the n^Vath • of the Lfeutenartt-Goyernpr, jaild
the revehge of the Council and AilTembly, ^t^
- fh^ ^ reileAioi^^ contained in thbfe ftvejjil aq-
dyeflbs. Nanfan had no fooner i^c^iyed inrej*
- ligence Of thehl than he fumiiibhed Ifu^cRms
io Idfcliver thtm up to him, knd upott ' lijs rc-
MvX commited him to jail, on ihe '^;i^fli, of
J^n^ai-y ; the ttdct day Nicholas Ba^ar^ W\?
V«l Dam,' Philip French, affd Thpmas Wcif.
ham, hot wkl^' patty zeal, fent ah itibprudent
tfdi^refi to thfc Lieutcnant-GoVerhbr; boiAV juT-
tifpn^ the legality 6f the addrefs, and d^maiiH-
ing his difcliatrgc out of cuftody^ 1 h4ye^bc-
ibre bken hbtice, that upon Sjouo litet*8 irr|y |l
iii> t($i^t, flfh ad was paffcd, to reioghfze the
rjght Of King William and Queen Mary to. tlife
foyereignty of this I^roVince. Ai; ^hfe^di^^qf
that kw, a claiii^ was adckd iti ihefe Word$,
b;> " That
PART 111,
w, y . Q R J^-
^.^1 'h6Y^ei&^)P JhMl be ,^m«l and cftce^^
^"^^ 3s rebejs^s ir^fj, trfUtora unto tjicir M^litie;!!,
143
lucd a ' warrsmjt fop qoqtunutiQg him to jail ^ -a Mr. Nichoia.
°W oli 4l|*?f IW wf . jod left: theJWbSrjUi*
moii^ in^jp^l^,|j .tompany^^ , j^ iqldicrSg ^fpr . a»»» >7o»»
gwar<
r:*'"
prifoii.
,'7TW-'
-"^^ijrpbgh i^^ of ter^
♦^orbuV^y'sl^ah-ival, Mr. Nanra^ichofe. to l>fi|%
dic^;[ij<yi(^r ^ ^(^ his Tri4y^j^\ §^n as pofiH)fe j
^nH^foi^ ,t^h^^ ifiuicd ^ cpraina^iflSon of Oyer
aiiid ' Ttfmm . pn the i ath,. pf^, February, vft)
"«^-^ *%i3irthe Chkfi,jMftir^;:and Abr^
"ham IDj-'^c^^e^^^^^ Robert; Wafers^ whd;wfi«HighTreafon,
*wc_i?wi«i«' ludcis of .th^.Twpri^n^e. cpurt^pand^**'* "• ^^*'**
'&i
jlynj^ ape^J^ayard: >vas.r^rrft^i|edt jndiai^d.
:^?rie|^. an^l^co^iriaqd of High [f j^eafpn. . §^«-
rai r^jr<|jj^cfvc^^,,rfterwards Q%edi^n arpellfTiii^f
Ti^j^em';^ . _j>^^^ ^a^ the jirifpfie^j^fi^i uij^r?u^*f«-
?fy^[AVw W^?^ ^^ aJJ -en^agc| pa«y, Atwpod
^. .Lu^j^ w!/wf,>j^as^o5ercdfl5;;^^^ cpRde^9?ncitJ;|i(ii»i
,hi£^trM,,^^$ bcj?n 5!opg.4j^pe'i;prHift4 in
f '5?Sfcu5^PWs K^Pf?-? ^'^IW ppindMa ,pf; the
^bc(ritQ..M;:,.IJaciff^i^ fpr a reprievj-,
;y'^.^ature^jnigi»|fbe known ; and
obtained
£re£tton of a
Court of Exche-
144 T H E H I S T O R y O F
obtained it, not without great difficulty, nor till
after a feeming confeflion of guilt was extorted.
Hutchins, who was alfo convidfced, was bailed u)3-
on the payment of forty pieces of eight to Ae
iheriff} but Bayard, whorefufed to procure hiqi the
gift of a farm of about fifteen hundred pounds
, value, was not releafed from his confinement trll
after the arrival of Lord Cornbury, who not only
gave his confent to an a6b for rererilng the late at-
tainders, but procured the Queen's confirmation
of it, upon itheir giving fecuciiy according to the
advice of Sir Edward Northey, not to bring any
fuits againft thofe who were concerned in theit pro-
fecution .5 which the Attorney-General . thought
. proper* as the a6b ordained all phie proceedlngs'iico
be obliterated.
After thefe trials, Nanfan eredfced a Court of Ex-
chequer, and again convened the Aficmbly, t(2ho
thanked him for his late meafures, and pafied an
a£b to out-law Philip French, and Thomas Wen-
iham, who abfconded upon Bayard's commitment;
another to .augment the number of rep relent atives,
and feveral others, which were, all but one, af-
terwards repealed by Queen Anne. Duringthis
feflion, Lord Cornbury being daily expcdtedi the
Lieutenant Governor fufpended Mr. Livingfton
from. his feat in council, and thus continued 1 to
abet Leiller's party, to the end of his adminiftra-
tion.
Lord Cornbury's arrival quite opened a new
SVr™'^^^"^' ^^^ ^2^^^^' ^^^ Earl of Clarendon, ad-
hered to the caufe of the late abdicated King, and
always refufed the oaths both to King William
and Queen Anne. But the fon recommended him-
felf at the Revolution, by appearing very early
/ for the Prince of Orange, being one of the firft
officers that defertcd King James's army. Ring
I . > " William
Lord Cornbv
nor tiU
:torted.
led up-
to rile
him the
pounrds
lent tHl
K>t only
late at-
irmation
ig tx> the
ring any
heit pro-
thought
rdings'lLo
rtoftex-
3ly, 1010
pafied an
las Wen-
niitDfisnt*,
eniatives,
jOBC, af-
iringfthis
aed» the
ivingfton
inuedito
miniftra-
Id a new
|don, ad-
jng, and .
William
ided hlm-
lery early
the firft
y. King
William
fk%T ltf<
N E W-t O R JC.
William, in gratitude for his fervices, gave him
a cppmifllon for this government, which upon the
death of thi King, was renewed by Queen A nne,
w.ho.at the Tame time, appointed him to the chief
toitimartd of New Jerfey, the government of which
the proprietors had lately furrendered into her hands.
As JLbrd Cornbury came to this province, in very
indigent circumftances, hunted out of EngUiid by
1 hoft of hungry crHicors, he was berit upon get-
Ing as much r mL^ , ^ he could fquet -c v. n of the
purftfs of au 4mpov«.*-ii(h^d' people, rlis talents
Were, perhaps, not fuperior to the moft inconfidcr-;
ablt 6f his predeceflbrs ; but in his 2eal for th^
Church he was furpafled by none. With thcfe
bright qualifications he began iiis adminiftration oa
the |d of May, 1702, affifted by a council con-
fiftihg of the following members.
HS
William Atwood,
William Smith,
I'n^rSchiiyler,
Abraham De Peyfler
Samuel Staatt,
Robert Walters,
Thomas Weaver,
Sampfon Shelton Bi'oughton,
Wolfgang William Romar,
Will iam Lawrence,
Gerardujs Beekman,
Rip Van Dam;^
His Xlordthip, without the lead difguife, cO-
poufing the Anti-Lciflerian Faftion, Atwood, the
Chiet Juftice, and Weaver, wh6 aded in quality -
of Sblicitor-Gencral, thought proper to retire
fron^ his frQwns to Virginia, whence they failed
to England ;. the former concealing himfclf under
the name of Jones,, while the latter called him-
fclf Jackfofi. Colonel Heathcote and Dodlor
Bridges fucceeded in. their places at the Coun-
cil board.'
The following fummer was remarkable for^ s"at fici»;
an. uncommon mortality, which prevailed in the of New York,
city of New Yorij:, and makes a grand epoch
' L among
c<
146 T H E H I 8 T O R Y F
among our inhabitants, diftinguilhed by thC/^
" time of the great fickncfs*." On tHis oc-
cafion Lord Cornbury had his refidence 'and'
court at Jamaica, a plcafant' village On Long
iHand, diltant about twelve miles from tM.
city.
i»irputes about The inhabitants of Jamaica conGiled, at that
the f-'hurch ofjj^p partly of original Dutch planters, but
Jamaica, a vil- fTt ' r -kt t^ 1^ j • ^ "^ j
hge on Long- moftly of New England ennigrants, encouraged
iiknd. jQ |gjj|g there, after the furrender, by the Duke
of York's conditions for Plantations, one of
which was in thefe words : " That every town*
Ihip (hould be obliged to pay their own ml-'
nifters, according; to fuch agreem^ents as they
fhould make with' him; the minifter bei^
" eleded by the major part of the houlhbld^W
** and inhabitants of the to^n." Thefe P^pfe
had erected an edifice fOr the wbrlhip bf^^oi^;-
and enjoyed a handfome donation of a p^Bii'
jtge-houfc and gitbc, for the ufe of , their :rii|^-'
fter. After the nllniftry aft was' pailfed;^ '^yj
Colonel Fletcher, in 1&93, a feW Etotffc6 ""' "
crept into the towh, and viewed trc 1
tetian Church with a jealous eye. ' iPfe
vote, in virtue of which the boilifing l«id?
ei-efted, contained no'diaofe t'O jjti^eS '/t^'E
hereafter engrofled by any * Ottifci- ft^'^ '
epifcoplal party, who knfeW this^ fbrmtd ai dfe*-
fign of feizing the edifice for tHetiifelfe^'M^;
thfy fhortly after carried into e^^^cutidn, hyW^'
tering the church between the ih6j^^\r^ zh\$
evening fervice, while the Prefbyteriiii KffhiflfeiJ
and his congregation were in perfeft'fccviVity, iih^
fufpicious of the zeal of theif advcrlkri^s,' aiidP^W
• The fever killed altrroft every patient ftiidi^ withf it^''«aef
wa$ brought here in a vefleit fr6m St. Thoihas^ lantiBcs Weft
in(]ie$, an^ UJand rein;i^kable for contagioai jdifetfes, r; , . ; , . j ^
fraudulent
r the >^
S OC-
! 'and'
Long
n they
it that
5, but
uragcd
Duke
3nc of
^ town*
^n mt-
is thcjr
(hbiatrt
L by W^
Weft
■ . . ■ * ,
lauduknt
*AiiTiii. k E W-Y O R K; M7
frai^^uleot eje^ment, on a day confecrated to fa-
ciiejre^i.,
prdjic o^ti^^^e enfued among the people, for the ,
co^ndpn, beli^g jprq ^.i$ & F^ocis, was animating i
ana innportant. The original proprietors of the
h^mfe tore up the feats, and afterwards got the key
aoj^f (W poiTcfiion of thf church, which were ihortly
a(^i;r.^^gain taken from them by force and vio-. ,
kj^j^^iin thcfe controverfies the Governor abeted
tt)f epifcopal zealots, and harafled the others
by^,'^mmberlefs profecutiOns, heavy fines, and,",
loi^ inijprifonments} through fear of whicht^^
rqmj^ wko Had bden a^ive, in the diipute, ,fied
out^ of the province. , Lor^, Cornbury*s npble
de&ent and education ,, (hptjld have pr^yr .;;ed
him from taking partjn fo ignominious a qua-
rqi.i but his Lordfhip*s fenfc of honour and juf-
ti(;&>i»as as weak and indelicate, as his bigotry
was ^ rampant and uncontroulable : and hence we
find him guilty of an a6fc complicated of a num*
bc;r of . vices, which no man could have perpe-
tcattdv^ithout violence to the very flighted re-
lii^uns of generofity and juftice. When his Ex- Mean *ni «a.
ceilpncy retired to Jamaica, one Hubbard, the *?* lJJJ* co«-
I^iefbyterian Minifkefi lived in the. beft houfe^ury.
ip,ilie town. HisLordihip begged the loan of it
roj the ufe of his own family, and the clergy- -
man put himfelf to no fmall inconveniencies to
favour the Governor's requeft j but in return
for the generous benefaftion, his l.orddiip per-
fiijioufly dplivered the parfonage-houfe into the
hands of the epifcopal party, and encouraged
one Cardwell, the Sheriff, a mean fellow, who-
afterwards put an end to his own life, to feize-
upoathe Glebe, which he furveyed into lots,
and faimned for the benefit of the epifcopal'
chyrch. Thefc -tyrannical meafures juftly in-
[^\^4^im-i flamed
14!
it
i n ft n r 9 I u K T u W
if^f a the 'iniJlittii^iih'' Of ' ihc -146^ A
and ch'at agalii tlTc' iiiP <^mbicrj^6$ h^"]
_ _ — _ y , —
merous pcriuafion in the province, had a If-J^hV
fiii^^e i afld Ybihe of them t^liM
lUi
A new Afftm-
biy, in th« au-
tunu
•aU/-lrq6rtrifted ferift^ffTaHy tffe b^tr/^KicS
ia3 be^rtbofnc cfov^rn br tF^ M^' WiBciKfftfent
i^'-^h'c' 'i J^oftf 'If ift>tirfa fee ^ g tid#et, 'ftiffltSnil
^^'*'** Z' «• arrnnnt
account
TlA^-
^ht
f'ilPt]
uffi' tin-
ic Ban¥
ffldtnt-
miblc
account
«A&T III.
m
«'-'
J 'i^f,^hjeh,^cconimcnd^ their fortifying tlic port of
jfjew.iXpffe.jand. the fronpcrs j adding, that hd
>ui^^,ilj9^ iji^ldicrs naked and unarmed : after
.M&» w FlF^P°^^* * militia bilJ, the eref^ion of
j^D^rf^t(fh9.o!9^ and ai| examination of the prp-
^^Sfi^lilw s^d a5;coi^nt?> and not only pro-
ffiifcs to make a faithful application of the mo-
-fl^o^^i ^ ^\ii;i^,,M^, tj)|lC, be would render
3Ufi?f!i.!Weeit qf Engiani^, my ^ rmftrel),. ;hat
Slim W ^l^^^'^^^FTr^d^^'^
*im%vgpg^. andcfauhf'^l fubjedb can d^
4^^i4n(#t *»cW'^^*f^''^ of her people, under
naiTOfe"^ C\ahqn. jn the woi:14 ;dares claim but
^*i9%M?^lj>^%M-v ;i; mean/ the freb
" ^^ af?pdi"fM};?^9.X"^«"« ^ OAir freeholds
fniM e9«pefit?,,>Hf^|C^f |,.t^c ^thc mhabitantl 9/
l!dPWl^HP»t3^43ta.^jYP.^9U:r:. t]iat^ ^}J?^f^ ^ ^
. \n tinv.
9.
jnuo3^}.
^ 1 1
i;» T H^ m s X o,R Y O F
,«Vhavc the honour to, ,f<:^yc-.thc>Qjjfcj> in the
*;^ government of thU prqvin^ tlio^p laws (hall
**/b(; put in executioHa accprdipg |o the iotent
f*,^witH which they were ii\ade^.t^ i^ fox the
" prcfcrvation and prote^ipn of ;he ,pc(>p\ep
*' and not for their oppreflion., ,](, heartily rer
** joice to fee, that the free, choice o£^ the pe9-
'* ph has fallen upon Gentlemen, who£ ,^q(\-
*' ilant fidelity to the crown, and unwearied
*' application to the good of iheir cqm^y^ is
♦* fo univerfaily known." < .' • ^
The Houfe echoed back an addrefs of high
, complirr.ent to his Lordlhip, declaring, *' jhat
** being deeply fenfible of phe mifery and , ca-
*• lamity the country, lay under at Jii)j arrjval,
" they were not fufiiciemly able to expre(; the
.*' fatisfadlion they ha49 both in their relief and
" and their deliverer/*
wo?e '^"rTnted ^^^^ plcafcd , with SL Govcmor who headed
JT^rc^AnSi- their party, the Affetpbly granted him all liis
^^y* requcfts; eighteen hundred pounds were raifed
for the fupport of one hundred and eighty men,
to defend their frontiers, betides two thoufand
pounds more, as a prefenc towards defraying
the expenccs of his voyage. The Queen, by
, her letter of the 2pth of April, in the next
year, forbad any fuch donations for the/uture.
It is obfervable, that tho* the county of Dutch-
efs had no reprefentatiyes at thi^ .Aflembly, yet
fuch was then the known indigence of that now
populous and flourifliing County, thflt but eighf
jp^n pounds were aportioncd for their quota ^f
thelc levies. , ^tD, - .r v i
' Betides the ads .above-mentioned, the Houfe
A n)!i|t!a aft« brought Up a Militia Bill, and continued the re*
j'^^^^'J^J^'o^ venue to t|^e jft of May, . 1 709 j and a Ij^Wipaf^
ich^r**" ic4 ^Q eftablifh a. Qr^^nwnv^coQli accor<Kng to
hi3
I the
M\
iotcnt
r «bc
ry, is
f high
'That
id ,ca-
Mrrjval^
:6 the
^f and
headed
all li^
raifed
y men,
oufand
fraying
D. by
next
future,
utch-
ly, yet
t now
It cighf
UQUpf
(,
Haufe
th<? re-
|\v< ; par-
ing P
hi5
FART III.
K'E W-Y O R K.
•l$i
hi^ LoWfliip'i recommendation. Befidea the
'credt hafmony that fubfilted between thfc Go-
Vcfiiouf and his Affembly, thete was nothing
liehiarkable except two refolvei agatnft the Court
<)f Chancery credled by Mr. Nanfan, occafton-
e!d by a petition of fcveral difappointed fuitor^,
^U were difpleafcd with a decree The i^efo-f^Stco.:;
ibttons were m thefe words: " That the fettiqg of chancery.
1«»| Vrji'a Coiirt of Equity in this Colony, witl^out
^ ciinfent of ge'nerdl Aflfemblj^, is an inndvation
•* without any former precedertt, ificonvehient
*• and contrary to the Englifh Law." And again:
•' That the Court of Chancery, as lately cred^-
•• ed, and managed here, was and is unwairant •
.*« able, a great oppreflion to the fubjed, ofp.r-
** nicious example and confequencc; that all "
>•• proteedings, orders, and decrees in the fame,
'* are, and of right ocight to be, declared lu'l
'«•' and void; and that a Bill be broughi in ' ',.
cording to tliefe two refolutions," which
:m
ac<
Wis' dorjt : bnt tho' his Lordfliip was by
v'fK) rtjbans difinclined to fix contempt on Nan-
fan's adminiftration, yet is this Bill would di-
tnirtilh his own power, himfelf being the Chan-
\feellor, the matter was never moved farther, than
'id' the order for the ihgrofllncnt of the Bill upon
Ih^'fecond reading. '^'-' <' " f^''^
*' Thb' a war was prioicfe'rtnied li^' Frt^and 6n
the 4t1i of May, 1702, iigainft Frar? , and Spaih,
fet as the -five Nations had entered int6 a treaty
neutralky with thi French in Cannada; this
1{)i^eVince, inftead of 'being iharMrcd on its border's
by the enemy, carried on a trade vcry^ advan-The Governor
*^ousf to all thofe who were concerned' irt it. J^f^^^^JfJ*
The Gdverrior, hdwever^ continued h« Ibllid- I'/ooUfpubifcic
Uiicitii for moneys with iihremited Impbr<iihity,^°J*"'y^P"'*
-Ind' fey alarming the -AITcmbly, which mcrin*^^"
^i^i April,
lltl'
ni txa%
T H% 'K'l S'*r OK3\r rO F
prctfifice )6f fertiairig tNver-liwtertesiiiit'^th&'Niartli
roifci'i Whiichi jnftciad' of beJBg tw^kjywJ'lforldiaiJ*
dfei hils ^ Lofdfhjp, notiwithfttfnding '|he' pi^vJncei
m3''^ki^fided t^eht^'Uwo thoufAnd poun^b^-^dur^i
ing^^'' fke Peadc,' 'Was {^leafed Co appr0|)QtijU«B
^'''^'^'''''^•^V^-lU^'privat^^kdavmttgef-^M^
♦V ; ,f:«<iA nth^ JMtkre to dowfcf^, that whUehe 'wai robbingi*
tki6^|yUBickv he ^tahd fame time c^nfetii^ediK)^
veVdll dthcr ' |»ws for - ihc ' cmoliiwnciit'»of thfi
Diffji^isftSjoftoB ■'Whether it was owing to the cxtraordiniafy !
ti^-^^^c'^^^^^^^^y^^ the-Houfe, or their prefiwnptioip thac^
tion of thcpyiifhis 'LfOrdlhip wis as little to be Iruftcd as |rry<4if '
iickrevenuc. hll jjJfededefforSi th^aftcr votjng thc above fuitis^of:'
tHt batteries, *tl^ added, that it fliOuW be'"/<)*'t
^''t**^irro btheiriafe Whatfover,** r^'k^^ req^
i.id dfettPdiitt& -Itis^evtainthey bow begatttofccvhe'
^daii^fet'6f' throwing the pwMick rtioney itm^'
thi'^hinds-df a 'Reteiver-Gcncral 'appointed by tl^
0dW<!^ flroni Wh^ce the Governor, by his war^.^
riirt^';'ii%ht "drawi lt*iat his pleafure. To -this
^i^fk 'we rhu^'^ITlgd it, that in an addrefs tO
hW'iibrdfl^ip, dn^thc- 19th of June, lyo^thiyi
**''(8l:'fii-e and infifl?, that fome proper and fut-
"J'iScfc'rit i*ffons might be cx)mmi(noned tre^-
*^^'filiiie^J ror thfc receivibg and paying fach mo-, i
'^Hifes now ihtendcd to-be raifed for the pubJicli.
^^^^Ofpti^iL means to obftru6l mifapplications
*^^r Ae^tUFfc/' Anotlier addrcft was fcnt liomc
trf^th)5^i<ieeti; coittpJaining of the ill ftate of the '■
r^^^jJifihto* th^ fr^udg which had formerly
bceft"<5b«miittle4> the better to facilitate the ini*^.
pcAfdaht^^^Hgh of having a treafurer dependent -
orP^lfc^Aflrcfibly^i The fucpef* of tliefe mcafure*'
^ilf ifi^n in the fifqiie}, , . ^ ^
FART III, 1 Ol^ i&A'^'^i OvK Kr " t||
il5£M oiii^fr<»«i«gj5|^ejJi^hf(3pfofoui»d«ft |r^*<
pwwfenfocfOflipa^WjfjM the p^ ofihi? J^rowp,: y^^
hi$iff»cd!lienQjt}dQ«iaad«;4pf«v!ifioi?^J9r,onp
dr?cL)povJnd8».;Jl4tf?i/ railed forthe publicly if^rvic^j
Iifdi b«cn pnodigaJIy C3fppnd<?d or^wibez^lq^* lir«T,
dcntly declined any farther aids, till they were ,
f^b^d-vthaitiL naipil^pplication :J>?id been , njade. ^^^ j^ ^/^^^^ .
Far ; tlus purpofe they apppjntQd a Commitce, to 2eT«TI*5
^o reported thai there was a, balance of near a Jjjj,j;^"** '*•
thoufand pounds, due to the. Colpiiy. fliisJ^pjdT. '
f^ip, who had hitherto been treated with great ,
CQpfiplaii'aace, took offence at, this- parfimoniovs^The Comaor
fcrutiny, and ordered the A^embly to at|:ei|d him j 'i^J'SSf'*
when, after the example of , Fleici!;her. iW^op:!, abaCr^ecdinau
ingi tMt man's fuperior a^i Yity»hi$,L#oii^ihip m9J^f[ 1
\y refembled, he made ao apgpy; %©«ch» >n ^biphj
he charges them with innovations, pfyer a^^mp^fj t
by their pi-edeceflbrs, .?iijd hQpe? » they would ^on ,
force him to ejwrjt^ " <:ERiPAiN;i?ow«i^s," yeft^cl l^^^{
hica b^fihe Q^n. , JBufeiWh^ the ipore pai]^-* ^
Clearly tiook notice <Qf, was their infiiling^n feverai^^
late Billsyupon the jtitlepf'^ General Aflcmbjy,"
and a faving > of. the f 'Rights of the (iou{e»'' in *
refolve, a^iiceing to artijamendmeot for ^preventisg
delay;wi(h^rfiipe£t;.to which, his Lord(hi|> hfis
%\^k w6rditi"iil kiJow of no righiibatypw have a^ ,.
an^ Aflcunbly,?. buc teh as t)ie Q^n is plcafp^ t^ >
allQwyQu.-l.jjAs.i© theyQte,by,MrhiGh they foui^j '
a ;balancf due.to {the i^o)^ny^t,oijnlfiti i^r^r^^y^
and 'thirtQ?a pouradts^ fifteen Shillings^ ♦,♦ ii^ /'is<j^i'u&. \
II (fays his Lprdihip) |hc -Qu^fft i§ pkiftjdl w^l,,
com-'
*J^
T Hfi H I S t O R Y OF
f*' cohtriwnd'm^' in hci-'inttraftibiis; to permit the
*•> AfiSnbly;' fMrii time to tittiei, tb view and ex-
♦♦JamJnfc the iifccoofhts bf ihbfiieyi or value of money,
•^^ifpttted byf vitttle bf 'dte JLdws made by them j
*"-'but yoii can in ho wtfe meddle ii^ith that money;
♦t %urif you find arty mifapplication of any of
** Aat money, yoti ou^ht to alcquaint me with it,
*• that I may take care to fee thofe miftakes rec-
.^*-tified, which I ftiall certainly do."
-'"The Houfc bore thefe rebukes with the utmoft
j^sliCvenefs, contenting themfelves with little eife
than a general complaint of the deficiency of the
Another meet- r^venuc, which became the fubjeft of their par-
fcmHytn'thc'^'^'^"***'^'^"^^^^^^^'®" irt the fall. Tl^e Govcmor,
autumn of 1 704, on the onc hand, then propofcd an additional duty
often per cent, on certain goods, not immediatc-
m"5s*'betwMn ^V imported from Europe, to which the Aflembly,
|J» Governor 5n the other, were utterly averfe, and as foon as
«id * -^^^ *=™" they relblved againft it, the very printer, clerk,
aBtt door-keeper, were denied the payment of their
fklaries. SeVeral other demands being made for the
publick debts, the Houfe refolved to addrefs his
Lordihip for an exadt account of the revenue,
- "whkh togethtr with their refufal, to admit the
cJouncifs attiendment of a monpy bill, gavb
The Governor hirfi fuch ' high provocatiort, that he was in-
j|;Si"'^'^'»^cd-to"dlS)lvc an Affcmbly, whofc prodigal
•'"! hberafi'cy'iiad juftly expofed them to the rcfent-
A new Aflembly **^^ of thc ^oplc Thic Ticw Affembly, whicK
June 14, ,i7O5dafiiei;'^0ri' the* i^th of June^ 1705* negleftedl
the Affair df the ifcveriue and the additional
dtity. though' his Lordihip ftrongly rtcommend-
e*d' wn^ ^iSth. Amofng the principal afts paf.
inefit of the ^^ ^^ ^^'* mccting, IS that for the benefit of
ijifrgy. .the clergy,. wbo! were entitled to the falaricj for-
loaef ly ^ eftflbliihed by < Colonel Fletcher •, wJiicit,
tho' lefs than his Lordihip recdmmendedy M^ib
•'^ doubtlcff
rAUT III.
N E W-Y O R K,
•BfS
doubtlefs a grateful offering to his uncftafing
z|;al for the Church, manifefted in a ,p9rt oft*
his foeech at the openins of the, Se6ion» ux ihcfe
words: " The difficvilties which fome .very
** worthy Minifters of the Churcli of England
*.* have met with, in getting the maintainance
" fettled upon them tx: on a£t of the gejaeral
*' Affembly of this Province, pafled in- the. Ycar^
** 1693, moves me to propofe to you the paflUng
^* an a6t, explanatory of the forementi^ne^
*' aft, that thofe worthy good men, who have
V ventured to come fo far, for the fervjcc of
*' God in his Church, and the good and edihcation . . <
of the people, to the falvatioa of their fouls,
may not for the future be vexed, as iomc..
" of them have been -, but may injoy in quiet>
"that maintainance, which was by a law pro- /
" vided for them*. I farther recommended to
" you, the pafling of an ad: to provide for
V the maintainance of fome minifters, in Ibme
4; ofihe towns at the eaft end of I^ng-lfland,
♦* whae I doii't find any provifion has bcea
*' yec made for propagating Religion."
. Our Harbour being wholly unfortlfted, a French a French i'ri-
,;^rivat«'er adlually entered it in I70^» and putJf,"„7,'Sfj;*5*
the inhabitants into great confternation. Xt>^votrk.
Aflembiy, at their ^effion in, Jpnc <he ne^^tStASmS'
"^ear, were not difincljped, thro' the iinpojitufli- \a June, 170$,
-ty of the people, to puit the city in a bcitt^f ,
pofture of defence for the future j but . b«i^V ' "^'^^ ^ *
^ully convinced, by his JUordfhip's enribez^|ef»
ment of 1500!. formerly raifed for tvvo b^i^
tileries at the Narrows, and near ioqoI. \cv\pi\
vMtke Majority of our people are of a contrary t^lotfj^ If
,py Lord thought the eftabltihmeac' was defigiie4 otAf fo^
^ e|>ilcopai c|«rgy
Uvl4.
'Ml:^
»*<:
tor
I i i ■' « i
i|# THE H^STaRT OF
k.' ^^n-on^/or tht proteftion of the Frontiers, that he wai
Y';'n I ' yaaL-w57l
of^that pcrlccimngjfpir^^ yhifh ,j^iftj49nop^;;j^otd;
^jjjpbi^ : ,„, i,^
/.%,, jnli^bijant^ qf jb^ c^y^oj'.^^w^ypr^
.)^(]|pf'thq,ChurcH of Hol^(^43'F»"Ci?,?k
I mjhe. 43^n(?ya. m<)^,j;^a i(^W W^&
tairi J^iih j;rcjiytf|:if»q?s;^^^^
igjjr npc, a ?|jiwch,,ufe<l to ^%|jljac;,iheit^j
every Sunday, at a private houfe, ror the
worihip
VART
'rofoevtioa of
wo preftjrte-
tniniftert
^s^i^fe^ ^1'M^l^^f ^<^^^^^^
mbrmw, with 5>pca doors^ at a , bnva?? ftoufei'^
It. WaippKon jjr^achccjp t|i^ fatnc qav, ai^ Uic,
tneie £» miners
ms Lor^mip's
tjartfwcr , ^te Ih^riiBr, purfiiai^C tQ.
's warrant fof preachinor witnpucBi$
licence. From hence they were Ira mrtnumph
ftep were no Uwyers, at'^i
mmmm
miiH? aft'^bT t^a-atWh./'lli^Y ^kfe&W%t tM^
^ra?ciii^ft!ciFi^ifyi^''tiatf'w ml
PU^'
THE HI ST OH Y O F*
ftiore ridiculous, becaufe ht hiad Bickly^ the at- •
torney-general, to aflift him. TVgainft the ex<«.
tenBpn on the ftatute, they infifted that the penal
ia\/ were limitced to England, and fo alfo the .
toleration a^l;^ t^caule the lole incenc of it was
' to talke away the penalties formerly cftabliflied.
Biit grant the pdfitiGri, and the' conicquerfbfe they
diiW froiw it argues that iny^^ tord ^nd i/itf
MtOTMy were^ either very w<iikL br; influenced By',
cvtldefigns. 'if the penal 'kw$ did not ext£6d ta
the Plantations, then, the prifoners were jp-"
ift>ccnt, for where' t hc'rie is. no IkW thtre c'dii' %^,
na tFanrgreffit)n ) hut accordii^g to the'le liicom'^;
. parable ^gei, if the penlal UWs^ and thb tolbratton^
were rjeftfi^d to thte r^lm 6f Eingland, as tfiw
contended, then the poq»r Clergymen, fdrprtaity^
ing' without his iftenccf were'guilty dfahenf6ui>.
crime,' eg|kii>ft his private, uhpubUih^d ih(trii£i:i6nik
and ioT this caiife hemu^ aniWoriinialr^l^^^^^^^
to the, Sheriff of New.Y6rk, for th^rcoffiiy
mitment to jail, till further orders.: JRie^^|,ci(i'il;i'
tinued \n\ confinement, through the abfeAc^^'^i?
Mompeifon, the Chief Juftice, who v^as'lh^/tii^ew-,
Jeriey, fix weeks and four days) *tittt' W|^
then brought before him by writt' of , M^Beas^
Corpiis* MompeiTon being a man 'of ' li^'rniiig
in his pKi^eHion, and his Lordfhip^'nbw i^p^j^r)^,*
of the illegality of his firft ivarrant,^ i£^e4 M-^
other, on the very day oftheteftpf thif wt!t;^.
in which he virtually contradifts What; he,' Rira
before infifted on, at his confcren€i6- \fittt\ to;
prifoners.. For according to this^ 'tWey ' w^!
imprifoned for preaching without beitig qtikHned
as the toleration adt required, tho* they 'flad^'jiilft
fered themfclves to the feflions 'diiririg; ifitjf
JmprilbnmeQt. Xjiey were then bsflted/t^^th^
ncxt;fupreme Court, which began a. few day^
after.
?ART III.
N E W-Y O R K*
tW
rm
day^
I after.
afc^cr. .ipx,^ft pains weic taken to fecure a gfan^
jury fjx ' l^pe purpofe, and among thofe who
found t^heiiididment, to their fliame be it re*-
qi^^rfd* were fcvcral Dutch and French Pro*'
teftant?,
''Mr, M* Kemie returned to New-York> from
Viramia, in Junej and was, now <fymt to hi$
triali q^ the Indidtment found at the kft court«
A4j tp Mr.. Han)pton, he was difchargcd, na
cyjdence being offered to the grand jur^ agtiinlt
^jKc^ley, the Attorney,GcneraI, managed the
{^Q|^cytion in the ,name of the Queien ; Keig-
nerc^.NiqpU, and Jamifon appeared for the de*
K^ci^nt. The trial Was held on the 6th of June,
a^;^ Jibing a csjkufe. of great expe^ation, a nu-»
mer<9^^ audience attended. Roger MompefTon
rivqii^j%h^ Chief Juftice, with Robert
Mj^yr^i .and Thomas Wenham for his aflifl:*
aijtp^,/ 'flic indiftment wav in> fubftance, that
Fj^i^, M'Kemie, pretending himfelf to be a
fiyr^^j^^. fdilTenting minillcr, contemning and en-
i!(^v^^lig to fubvertfhe QuQen*s eccleliaftical
l^|^[(epi|u;)r« unlawfully preached without the Go-
ycr|^^|jS^Tic^n^e firft obtained, in derogation of
t^»Yjil .^^urfiprity and prerpg^civ^ t that he
:^0Jwci^4te^ and ccrenionies, than thofe con-
fa^e(jf Jj^tne^ qbinmon-prayer book. And laftly,
tij^^^oimg ;jMnflualified by law to preach, he
ij^jrernj^i^ ,4^" preach at an illegal conventicles
aj^^ b^t^/thjejScial^ charges were laid to be con-
?H35 t<i^ jj)c &rfh fif the Englifh ftatutes* For
^ M^W*.' ?P1^5^ ^** now of ppi-
n^i^^pai, the, r'penflil Jaws did extend to the
^^(ipic^f^PlfnmLOiiisi th6* his fentiments were
tJ^y^T^^f^ ait the^rft debate before his ex-
^.-ifVnATj^cl'-ri-iiav. ■■'' '■ cellencf
•-■J^lJ
■ 0'-
4 YQiuWc tOllgqC,^, thwji^^, gtt^
much learning,; J To Jlj^impw th^
(upr<5macy in the Col^ip^, ^and th^ it 'Was^tle*
li^ace. he ^s ' 9f Q{M||f9JU^ t^ ius Kj^r4ihf^i
ih|iiru£tip|j? ;r%tji?^ tq q^tWcE' was<c%..fe<KlttW
lljrc^pf rajf, pc^^-jW Xfie,|^^,pla«P, }i»HMefi(M
% t^!P ^tjentioi^i ^f tiie.Statu^es of ^ ui^ifQ^nmttjr^
and upon the >K^L<^i was pUaied tp Y%)ti ||ji|
h^ did apt do%. .^he j;vry^;y^i^^^^ find^^^fpdi^fc^
.for; ^^^ 4ef(snm
^ty infifte<j; that, pf^si^i^^ ,^as >qrai:r»i«i
W the Cpm^ioijXaw:,. t^«,^e $^t^^p£^vm(m
AuQr,; and thc:a4):, pjf^^^plccatipi^ <14 Wt WfoA
herc,*and jh«^t t|^(* Gpyciiwr's in^rucUoQii^M^
^^ )^*i S^j^ #% ^^ '^ ^^liwfBtfe*
to acquit the ac;rend^nt, whcti.^nfo^r^ vi^^i
ge^fef with his expen3.^^|l^9imt^
pcipit', hatred. I^cginfting^i arUj^ being, all J^^ J^oa., his. co%y.
#AftT lib ^ % 1 ^^. T 0%. L
'f#
'iWfeft crfmc tinrtbticed. Jfifci pe^
ftciMitfirolf/iliil n^yceriana very 'early encrca(cci
lite AMlibtr df hfi. enemies. Thtf Durch coo
r miAat df ' IHil^-rc^t^ioas ra^^ agalnfb them.
at lie ^ili^MJld their riflrfi'c tu call and fettle
ibiaiftcrtt or even ic)i£>lfnift<:rs, without kii
^^^eiiil Uoencc. I)is e|fcei^y« avarice, his tm*
IwxzUncne of ^ef trUblick itioney, and *^is for.
4y ikMU t* pay his private debts, bore (o
b«l9ity' U|p6n'hi* iid^utatibn,^'tl>at it was impof-:
Mt rar hii adl^rentsi either to fuppprt him,
oi chemfelVes, agaittli the general OppoQtic^'
ftKH being the tendpef of the people, his Lord-
Aiip di4 not fucQcea accordini^ p his wifhes 19
sbt new AlIemMy which met on th? 19th of
Jui|^, 170S. Thp tntoibers were all againfthimA new Affem.
mfi ymrnn :Nic©n -wfas again chofen Spe4kcr. ^/^^g^"*- *»•
.. ''ilUliiB<«g tbp ieveral th»np recommended to ''° *
Mk 0iifiderack>n, the affair of the rei^enue,Mone7 granted
kIII^ was to expire . ii> May , following, and thefj^^t'th/iT-
.pli0|^iet]r 0t making prefents to the India|is, uians.
wetfe flie cluef. Thf Hpufc were not infcn-
flbie <}f the khpprtance of the Indian intereft,
and of thic iiifihite ^rts of th^ French to fe-
duds .^m jfrdtn our alliance : but fufpicious
thlit ^|iis |.ord|lii|>, who heretofore had given
h^§ViHf Irttle^^bnccrn abotat that qiatter, was
itek1% WfrrAi pp^rtunity to defraqd the pub-
litk, tncj^' defittd him to give them a lift of the ,
aHScfei of ^itli ' the prefcnts were to confiib,
.^j^vi._i_ -..«i) _-^ ^«.i _ir .L- ^T bfforc
dc)i ib ipcce^p^^^ 1^^ the Aflembly ref«i«tely The AfRmbij
ilSifcd' W contttiiie it; tho* they confcntcjj to "uc^'^^ubUck
a*f^*^6t .td 'drfcfeargc him frorp a contra^ oi revenue.
ijol. a^d". UpWSrds, '^hicfi he had made with
ohi Haniba for the publick fcrvice* Thomas
[ *L I Byerly
^45
ii ii o Y w n w.
lU lA/A
T,H E Jl 1ST p R,t p F ^,T „
The rcfolUtioiv^ Pfi tJv; pQipfd^jj^^ 9fno9p^
ning of the feftion, and jri^^ we vfip^ ;^V*?:i^h**
ty,jXfOr4 fttbducd by the '^ppq^oij) a^(b
hitPi f rtd fo difpirited thrQf;i*^d3gcniC|(5, ,Mi4)fh©
inc<:iratit folicitations of Hi^ ; cif^ij^ir^i ^^^qhe
l^ot only omitted; to iuftify fejjlg;*u^m{ftiew
even an impotent refentti^en^: ■ )!¥^ rf^^IMW rfho
cifnfures of che bpqfe, he taifj^ljj "t^jft^^^
fp,^^ pa(nng the fciU to difch^f^ fcqi(;,gj?itt* a
Ap^TI debt, which they cowld ^i^^j jp^ftfti^a-Jv^v©
rem^d. The rc|blu;ion8 weretiPalM? m^4%i'*
^;:^!:^^ d^lU^o^ k .tbeapptnijn ^^lihii^
of frievances. |o S4>nimittcc, .that . ; thc sppoiiiting Coroneirao i tit
^i^liis C6ion)r, wJthovit their being J<tlj^
" ptPplf » h a gj-jeyarice, and iootrai^ t^^lan^f . ' *
** Refolved, That it is, and .aJurifaj^s ha&'boeit^
• ffovtbe, .pnqmftiqoaWe: righi o£i ieyery^^fi^
V . iP ,^his Cokipy^ ; that, ; he . cha^hi ,j^ .perfta. . and
' -ni^ 'jfi niociv/ nr/jiHc uS to aas't 5H:R60li«cd'
; ^J^tt Lord Bacon's Works, F6I. Edit. 2. Vol. 152. and yet
the CorODers in every county are Ilill appointed by the Governor.
Fart III.
" Rtfolvc
O R K.
Ml
_,jiblvcd, That Itnc impofing and Wying of
Cdlbi^ir,^ 'liiidcf ^:;. prtM^e 9t 'colour' Whifti
»^^gi^^b«^i^da^^UtJ6h(?^the|^k't propertvt^
VS»' RdolvW/^Tltti «r apy iofficct^ whatslbcvdf t>
^^^tm^itoitt thtf ^pcOtole; 4ktraViiWii>t ancj wn-
«<>'pofitiVdy cffabiilM -a^d^rktilaced by cbrik.
^'^ibnti iV ;#^c^' Afihiilbly; is unV^^Onable arid
•4^7
•"»•
^%HbcAj(rtoi3btin' general Af^bly is contrary t^
•* i^Vii^tbbut precedent and of dangerous topfc:
**^^bVfencc tO'iheifb^rty and prbp^rty of the fubjeldts.
^^ »*'1<«fdvtdiTniaf ^he rajfihtfd^ tht Go:
"^^e^rtkiiiV Or'Pther n^cO^fk^mgc, bfzn^iiit;
•♦"Sa^il* t)rl)urthc.n on gbodi iUpprted, or ei^i^
•^^S^td ;^orahyclog,v or hindr^nd:?, on' trif-*
*fftc& o^ coi^tticrce, is '-iovM b^; experienC^
vrTjc^rw <the ^expolfiop -of hTany, arid the ri^i
«^pWtifljin^ bf the rc^ of fchc blaiiters, iff^iii
•*';ft&ldiJr!ii;ind ifthabitants^f thil^Colbriy •. of ntOf!
**''perhiddas Cbiiireqiience, which' if continuied.:,wiri
V'tiriivtiidi'bly prove the ruin of the colony:" '
5 **nM<ifoivqfl, That the ekceflTive fums qf monejij
•• ^ftire^cd from matters of veflr !s trading here, uii-
" ' dWthcrtbtiidn 6f jiort-charges, vificing the faid vef-'
^hfelsibyfuperfjunvtrary officers, and^taking^extra-
*ftiOfdinaify fees, is the great /difcouragcintjnr of
^dtr^y^ahdftr^ngers .coming' amongll us, beyondt
•*.thi«^iprec^denDv<w any cOther port, and wvthi)ut
» ; cttitftdblved^ Thki the' <pom|>el ling any ttian-^pon
i^iSffiai hyj ftjunyv iOr^otherw^ife^^^to -pay any tees
" for liWi (irofecitdon, or any- tJiiflg whatlbevtr,
;|[k^ilitti^i.thfi: fee^ of the officers whom he em-
"h*"Q' «from^*^^'!j*'**^ faipis;^ d<¥«ft»(i ^ysw^Jdf Mii^^pi^,
of the Frovincei 0|(|,^ tt^jip ftj^j wdUJlT IfltJt C<toii(tClf«*«*4ltorliilCir^
And n after. ^^^ Aft fdon^ti^ ^/^^^L^d^^^M)? fdj^rfe^
. ^ tf rifoTiry ^^'*** **^^*^ *«*^'^ ^ft*^ ^^ ' ^mm^%f^ fmm&W
ij«a* GJanendoAji heiTjWJrilld' W'Ertllattd.'? ^^ it ^rb
.?ttfted,Jtio* driyqwhii^ fd rtelily<iWlH*ir^di'4ffck fplib-
Utfci^^Widmnd?'^' In fpiid <fl^'W8>i fibblc^^^t,
<rH jt ^9^ m^fiunc^^mdi^ fdr t^iH^ t6 dy^fslniiiftlf
M ^^oMtkti'^s iKid)^ 'iindtheHi«D piiltloIe-iH«^fbiif1n
>M^oted 'fiitn td <iH^ Ufi4Vcr^:^i!dfiteMj^t Yiifl^e
npeopl^l but tHePi' Jtidi^sddhn::^^^^ ^l^iSMeH by
:)d|kii».;dl:fpot}ck' rll)^, *'»vil^^^«>%dftl^7|)idN^^
f )||yatke, aWd ihjiifttee, ^tn^)y 'tb 1& fiflillittc,
MibutO€v«lnJhii'^ivW« <t«editorft'n!Ptti-^rtiil«if|fafe^e
Lord LovehJi'^ xj«*n- libfdif .ov^ldce,^ Bifrih of 'N^^i^^^'ip-
r.««.eds to tA^:)|boaiOfd b'this''Got^i<nrAe«e^''<if^*f^^
g;;;;"™;-;*!^ .'^iwillidv^not etri^e^ litrif tillHti*!^ iHlfr ©f tie:
brtsendbftff^lkwHhgii: nL(Wd :d:^Avlh»ty^iip^}*bfffvc,
nff"^!*^
•* "^1"
kirMlkn
a •3ffi
fie fan)*
rteH by
ITHSslCKy
;0 **
§f t)c-
V wy
mtr III
ceflSr was rcceif^i fwi^ pivviprfi^ljoy*. iiiipiflgr
<Mob9e4 /^Oi^jG^Pfria AOoi^blyi <iWft after liis
re-clcdled William |4,i4?qli, ,r^«,formfr ipeaken
lJ#tf^j;<(iC"^fl|iMj. iv,*JJa. I;i9n4i9)ip^ «W them^' at ,^^„,, . .
,*h<^fefgiftin|)of rfr ^mon, "ibwlie Had brpugHr « t,rMr,>ib ,•
-Vj^i^^niirlarge ,C)ippliei of , ji^klif r4 iuid ilorca
'^eiftf rMaiiKiW »w«U ^. pi^ntt*. for the IndMnfti**^
than which. MmilhMig .could 1^ mort agreeabli^fo
i\^ 7 ^1^. 1 '^c< ! lamented f he grtatfidfl of the
?Mmini|fflld 4ebMv and the decay <^ publick cvedft i
/ilWI^ftULrmcoiiMae^ed their raiilng 4i revenue, for
r^him^mttt with that; eljUbUflied by the a^ in
the lith yfarsjo/i Wlate reigp* < He 'alio prefled
.#e^^iBMi^ (^ ilHe debta of the Goventient,
df»^ -ikfinrvmm^^km'Oi' the publick accounts*
,jflSj|Hit-;it< may bf> iMMiwn (faid he) what this
.Vn^bliitj^m^ that it mayr* appear hercafcef to all
^i$!nin^<e world*' tksi$ itv was not contiadlsd ili my
••>-»dJ'«L.i.'(i,
A-11**J1
itbur/'v Jiiif oblique refleftton upon bis< pic-
I
uime^DiWo^ho nm vowi ignominioyfly Imiprjfon
9H|diby 7lpMt)tflW!ditojf9» wa* dJfpleafing to noot^ody.
(d iiefilie AH^mhl^i m their aBfwc^ heartily cpn-
^iilMlklted'^^lMOrdihip'^tarrivali and thanked the
,}lQj!lWf tftr her , t«trc^rof the Province, yet they
jf^^lWOt^l ii)timaM 1 Dhcit difw^linttion toi r^ife
n!^ej,fews^nyhiph ih^rGoycrnoc* hid rcijuefted.
•* Our earned wMtew CtP 1 ufei tbet word&ioC the
qi*cidd;^l4r^ rfthftj; ; iiutabliB wcafuifca m4jr be
S(3«^its^l^l^qPfcfftn(?p^?a«;:ti^w few i
-itt 1§ ftajfi iilrfjitJii^nSrOthei^ ito epmer The <)^ :^^
,^^4lf!fP^mivo0lfA1)y9itt: tnclghbowi j^ythr^end-
oiq^S-jr jwi^ul^mfie 5)jfoithei.Qpfojfnrt«ntiJ!ras fljatcme-
vTot^ ly drained and exhaufted us both of people
>'o ?roL#l4^q^^9^ i, fwhUflt ja-rclifR;rciTt „ tppgtiTT^t, the
«
4C
•J5» THE H I S T O R Y O F \
wrong methods too lohg taken, and feverities
pradliled here, have averted and deterred
the ufual part of InsMkiTd from fettling an,d
coming hitherto." Towards the clofe, they
•' yernment^gavc tnem a-ldeligh&Gl profpcft^
'* tranquility, fo they were come with minds pre-
'* p^red toconfult theig<)6d of the country and
** his fatisfa^tion."
Thertvenueit Thfir principal ^atteK^hifthrienga9ed the at-
j«ntedforone ^^^^^ ^^^^^ A*mblf, wa?/the *air ?f the
revenue. Lord Cornbury's conduA had rendered
them utterly av^rfe to^ a pjjerm^neijf fupport for
the future, and ybt the^ wdib uitnrilnng to quarrel
with the new Governor. They, however, at laft
;igtccd,v on> the -^ of 'Miiyi «i6 ^i^fe^i^lsjb J^^^tlS
defray the chargBaiJol[the;Goveri(9nent to the ift
t)f May enfuing, 1600 K of which was voted to his
^""^^m^ tjpr,^^ymcntt of • ifnall rfai^rks, . tQ thc-pii^tej^i
clerk- of the Council^, and jlndiaji , interpreiifii# ) .v)b
imgM : 5^^i P''^??^ ^f prpv^cjtingk annually, ^li^.
^kS\ Tyi^^''^ ^^ if*?^""^^^» ' ^^ cpmrived ifip^
,ui..mu r.A Pt?3€"^ *ii»c ro'^M^^Sf ^<^ jrwhich the Jongnwy!^-..
t:c,'ih5n,3 iiijiij^^ h^ ibrroeriy exppfcd us, .;]PuVi«» it rfRol
.uno ^i '' 3idc^4 jhc Gbvcinoif, i^nd alfl ihc jO^n >fi»y^indi
ofj^^" f ^ww 'dep«;ij|^r^t uponjBhe^iA^cmblyy. aI
^HK^»bN^^«cn, tlift ,(9,y^4 l?riM?!Chfis*«fithc!t)li&q
vg^ Atiay,.^,! whiqh the, e.ot«s,i pafiedi the 1 xfefil^il
D»th n r<i ^?li wftp^ 'l"^ cf^a difcudw cpntrja^rtd,jif<j
u^dace. May ci^ing,,,tfe:^rfy , at ; hi^ .firft.jWTvM io ^^^
^M ^ %%Yo^!ir» 1 ) ffi» ,X-adyi;«)itinw«d k^tmn
loj^j|cE i\is ci^tlH ibUpiting;*orot|»l ^'^^ 1WTf<ii
to^^r^ui[b*n<d>oM,tho* thc^,%^^
tijjjjftjyeral years atterwards,
T H ^
5, J7og.
,%''
. go Y ^ O T 2 I H a H .T
£9i3ny^al bnB ,n^>lfii gaol ooj aboilj9,rn ^.loiw *'
b3n333b bn£ bt)i;i^vr. :)VBd ,9131! h^iii^btq '"-
bnB gnibjal moii b'JI^ftfJ' lo a-^e^' 'Ii;ulrj 'jHj ^'
Y^rll ,-jtoI^ 3fl3 2ba;woT ".on^'ri^irf' gnirno:) **
' '31(1 2bn:rn J)iw amoD di3V/ ' pH* 61 ,viiifdpneii *''
bnK YUnD03 arb'to b(03F3fl!! jltilnoo 01 fei^-q ''
or.
3 1
^m^^m^ mpp^^u i^y u the 4in^
iu\ 01 fcsitov 8SV/ riDulw to Joodr «;9(TliJi'ri^> yrM ^o '
tei^ttti'©6^k^cirni: ih^- f^nA Whb had cktrcif<ia in«»Mfi»y.A.p.
deceafe?^^i<2Xiioft#^oUghteR Mi^ flwit y^
m^akJ<iif>^rij"¥eH^t*6^a A6t^ M hii' eitrabrSi,
lofl^t Vefifh;£J^ho2%ai >te5; $iv<^il -yc^ 'B^;f"».«fii»'°?
Jjawl^^eftjJK^ast'iRe^'fi'iift 'flr^ifti^ oT ihii ^n^cii'
pfirepnJTht MiWHI^ ^ilj^vai^of ^1^; aiid« VagH'
that,i b^^r^ift^ tiy' m\5. YWk, ^ahd cbrifeteidf t^'
pldft or opetimaonS Aritft mncii Nicbifpii: ' fekl'
imaft 'uf? Ittgoldfo^i' th^ot^^^ji^ the ilKiii;.'
Wri^><3is4»^rt«iftoiflliii; the Governor <tf Ci>ir-
j#di«€^ «Wd :iGhtes<*btein; Licutcriafrt.G*:-
^ rj ^ """* ' v<ifhor
k Canada.
-•s«
>>♦«/■
ircirjsor 0t Pcfinfdv^inikJ acccBted tlir ^«H?
neiiate into ipahadli, li^ waf "^^^^^
ttim* Impoverift^ as yfi vHtti^ ^thK .^AclKm
The«rftAft J)3#Sturc, our iiijk S& ferllftite§^ bill# b^^
«f Aflbnbiyfor^as pafled & an ckpodient ^thd>tlit whrch' wc
JSS"""*' c<W not hav^^ <^l$t|d w^^^^^
the trtafuiy being fiich totally dtfeuftw^ Uitji
vcr^joy^ iow Wghtcged ^ c^ ^If^^l^^HS*^
nance, becauie all <]^pected the^cprrrplece redac-
tion of Canada, before tke >tt(|&4f^ll/"^
with the pieafiing profpcflK o£7an^ltvbHt,/1»Kiai^
would put a pefiod to al) thi r^\ra^s is/f'^^'kh
expedition. As Topii ,as ^fe defign ,*iira5 m^
JwWn to the- 1ft6u{(^ i^^^' iifid teL.,
c^icpemers :#i^ imjlr^ ^ftto Wl^riJiee IB?
t)Mad% ba«tea& d6aimim6her$ 'alg> ^^^ i|C
pointed to pwrchafc provirtWfs ^ihd btfn^ ijftii
cdSiries« aha ^powered to briealc 6ptk libtt^
for that purpbie ; and to liTifp^efs^' roch^ Vbflell^
ftorfes, and wagg<^s for traniportli^ t^ ftbi^^
Four hundred and eight)(-revej|i' B^h^ ;befid^
the independant companies, Wert I'kHedind ^
tached to Albany, by the zj^th of'Jilrtfcfi^
whence they advanced, with the' main bttiy,
to the Wood Creek. Three' :tbrtsr Were Wife
there, befides many blpck-ho'uies' and' R6res
for the provifions, which were trarify6rtdl ^^
great di^atch. The province of i^e^-iVtti'ft
(^1 things confidered) has the merit bf lia^riHI
contributed more than any of h6r ne7g}fb6il^
towards this expedition. Pentifylvaii^ gai^ ht>
kind of aid, and New-Jerfcy was only at the
expence of 3000I. One hundted batteaus, as
i. . many
■tslUf^
Tf§ .procyr^id smcl maiiiiaincd fix ;^
^^ children at Albany, during
|f;^ing t|^^. pus ourjelvss to the expenc^of
igve t^ffnt^f tfifMifiUid pounds towards t|iis ^h*
^Ke, (h^, flel^ of the airrival of the flieee
^reapj a ^pewl djicontcnt tKrpugh the coqntiyii
Mi|,(y|rlyjA^;he^1, the AJ^bTy addrtiTed th^
I^I^^^CWWtjOo^jBrni^^ raali 0|}r forces from the
taoip, , viqccnji^; If ich^Ion ibpn after broke vp
,Cai|^pj»igp,aft4 retired tojNTc^^^ in Rhode-
Lf^erMnere J^W ^^^^ (^^^ Govierr
Sl^rs. , Jtjcjgpl^y, yrlii ?ira4" invited to ir,; did
f^ ^ppeafa, in con^piianqe' with the iuelina'-
tm Myithe ./\0en^ly[, wbo, inoenfed at the ptib-
aitv^*^^PP9^'^^?>^ ^^f^Vf^^\ grreat jealoqljei
Hljlflj. the jfirft promoters of the defign. As
„tj|^i|^,^,ja$l^brd Sunderland's lettehs^
^ ()Ujarr^v;M toe pn the 2ift of OC».bber, wer^
\ijji]3l^t^,^f^ Wy^^» ^^^y refplvea to fend dn
j^^^t^'^^^^^^CJ^een, tp l^y ceforc n^r f trbe
acimnr jdT thfi.miinner in whi^ch tUs Province
|^rtedjttelC,uii|th(? I^te undtfttakmg. >"*'W'
^yljaa^^^his.^^gmedition been vtf{Orou(ly car*
* on^ Jt49\il^tlg^ wo^^ havfc fuccecded. Tfii
'' \^^ajp ^i)iprac were conduced by'ii
^^ Mifl^ty* . «;J^}jii aiiied army trrumphed lii
jajycycd fuccpe^^'li) Glanders } an(! the Coort
4jf tf *nci wa% ip 1)0 coridition to civc attifti
'^
1*^^*
^
'^t'
T H % ^icf T< 0^Y{ « P .vr riiAH
the ^Indefatigable folicitationv|i}fi||ff|o9iy^i5Qfcn
Singular me
tit of Colonel
Schuyler.
m^un^; bcc^ t^ ^Ipdi^B^iiof hSd f f Iwm
djf^t^. In ,4nferi^ji cv^iy. tl^ng>|w«Sf«ip4bdftJl^
t|^^at|i2w:kt/ fli. |iop;ie tiprd Sun<ipr>a»4Hthft®^;
fV^t^ry of State, hf4 ..^proG«;?4e4 (^^^^ itn^itm
^Ipatcti p^ders to ,'rtic i^ueeo's. Uiipsiat io^^i
5.; W hol4 tncm^ve$ in rcadin^fi, j»||d-fhft J^lt(Kt
6i flFicwps wcrt ugpn ihe point of \tl|cir«mbaisH*tiiirt<i
^tthisjun$ure» thjeuews arnvcd <iif t^ <l»^ oi>
tlje rortuguefe, ^hich reducing ic^pr i^iUifi^foti^
^^eat ftreigbtStAq forces jntfnded ^iw^mt©
rican adventure ' Were then ordered to their ^^
fiftanpe, and the, ^|^Qughts, of ,!the ;i«il^i^ «n-
tlifejiy divertiid txQm w Canadji cxpfdiilfH^ . ri *^
4s we had npt a jRfian ^n tbji ^jfgy'm^^o^f^
ba<;i more extebded yjcws c^,^ ioipQrjtaQ^lb^
4nvi(ig the Frencb out of QafM^ than ' C^i^e|
^chuylcr, fo neithcrdid any per^ ippr^ lwlfti»*
^tr^^S^Z^ in W^;lat^ f^lifdijW^ri^ ^
f(?^^c the friendihip of th5f-fFi5fca«jy>tif«w,ol*»tI»*
QPf which it wpuld bftj iip^gb^j tfijjpiiwpn?
p^r. frontiers ff pn^ ^ P«^P»BJ?>g jft d ficWji^.i>ll»d^
b(5 ttudied all tft^. arts.pf if^finij^if^ft hiigfe^linw
^9; their fay<:|uif. j j^e g^<)[eiybc|V ;^Hd|«ii^
cgjjburagemcnt and|a(5ftapj§e,,aB^jFRry aj,<^hi]&i*
to^jedVEl? pvm, . ipri;une,.;]^yi ,^i^ iimaWm^t,^^
their cbief?.* Xbie)^ never ,cani§iJ^"i^i^Rji;biJt
they refprtcd ; to hia hqpft, an^ ?y^|in^inftfe at
Ife ■iaiw<5, i >ridf by this me^^iif wjiej- pjbj-ajneifc^R
ifi|fehc!ahcy over tfi^, wHicb Ty^,,a(ttend€;4 ^*
vm ^ ippd cpnf^quonces , tp tlb- r prpvjfi^cii rffeV
70l
3bnJ
n£Di7.;nA
^^s^
fK]
FfeiJfchS JtSdlo^epi^huflrf^ '^te 'Sftreiiiciy^^^'^^^d^^
titt«i"^ilrf^c^^te ^tiitiiic^dd to caiw home' #itRfanyv.th five
hhfi'^ll^^'lHtfftes'^Ctaefi. TRi HoUfe ' ho pft7»**"'^>^'-
^ te^ftfr "^l? ^1s^ ditflgni^ th^h' they caiiie 'ti''^
i^ol«J€&^, #iiicfefj in juftic^ tp his di^inguifli-
edtmdieM; I btlght not; to f^tipr^fs. It was
-n«c' S&S[i(r^ kdiit^dicflat^ that \i^
« huEfil^l*' a^drefe' bf the Li&tenaht,Goveri)|tMV
«fi©oun<fcil',' iiiiS General Affembijf bf this Co-
#ol©fljK w ;t^ t^eeh, itp^eljenting the pre||t
fsfftatb of thi^'Plahtition^ be cpmmiitcd to Via
•^iclttifge %rid cine, to be prefented by ' himfeif
*©T«> hir fafeitd ^ajeftf ;^ being a pcrlbS;
MriJwIjo^lft^'^dSlfty 4h the laft war- when he cbriti'-
«r.miiaca5 tlfti'^^i^i" of this Colony in CKifef
l^<«i^A^cy^^^bii^t i<](o iit^thc" irt-efent, hias ^t§
«fiif3^r^fed 1 fi^thfirt^ -fcTYicJe^; to this and tfi^
•♦•the-igiibiltiririg 'ffeolonies •, and behaved hinfifeff
*^H^hfe'JJ%^; '^wlth hfc has been intruftedf
«iw^eH^^d re^u^Mtion, and tj](e general if^^P
Sf^idS^f^^e^^pIe in thefe parts." "^.
JK'tht? arrtW <^the fire Sacf^eros in EngJaQffi
imcfe^'rt gftat^'brult thro* thjs' whole kirigdpm,
tht it»A^Mo^n them wherever they Went, £^
fitiall ^i&t$ of them were fold aniohg the people.
The- Cbiift was '^t that time 'lii mburhlhg for
the death , of the Prince of Denmark: thefe
American
•l««
fe-fc, -,1'.,
.^i
U'
• r V *!^
uiid(^abtfti« lll^* the Eoglili jiiniwr fc b^
in^sam cloth mikt$^(fr» dSgcd #itli jmMt ihfovn
c^vcr ^1 their Q#eV garmeitfb. Thii'4i«fiiiias
direaeii bt the dre^eiS of thi, Hifh^^fifii^ and
giyqi, Inrtnc Q^een^ who viras sidv0^d to- make 9
fincyr of thtm. A ihdt« that! ordinanr fiileisM^
lii^ au^hded the smdience they h^ of her MiU
je^jr.' Sir Chvrles/Cotterel conduced them^ ill
twa'coaches* to^St JKmes's ; and the Lord' Cham*
berlain introduced chem into the roy^l Preiehce^
Tfi^ii; fp^h, on the 19th of AgtiU t/io, is
preferve<Sf by Oldmizon, and was in thefe w<^&.v
Grbat Qj/S£N»
•;„-?>.
«c
We have undertaken a lott^ Try^ge^ ivhicfi
** iione of our predeceflbrs could be prevail
** ed upon to undertake, to fteoQf ^at
^ Queen^ and relate to her thole things
** whidi we thought abiblutdy JHeceflary ^for
^ the good of her, and us her aiH6^ on ^^the
*' other fide the water.
** We doubt n^t but our great Queen has
** been acquainted with our loij^'ai^ tcdfous^
*' war, in eoi^undion with tier 'children^ againft
*' her enemies the French; and that we havef
** been as aftrong waUfbrdieir Security tven ro
^ thelofs of our iSft men. .We^weiip mJght^jr rc-
•• joieedj when we heard our great Queen had
** refolded to fend an army ta nsdoee Canada,
^ *< and i amuiiatly, iti token of fri^idfliip, we
' *•« hung upthe kcttl, iund tookup thehacdiet,
** ffiid, with one confent, alltiM Colonel
. * This tide is commonly beftowed on tiw Sidiemi, dio* dM
iodiaai have no ruchdignity or office arafBgAthem.
!jNichonbn
iirowi
Ifimos
hi and
tiake •.
sttii ill
Cham«
'lo, is
tvora&l
prevail
^ 'great
thuigs
ff Hot
on 'the
en has
tcdfous^
stgainft
c have
even to
\v^f rc-
cn had
Canada,
lip, ^c
latdiec.
Colonel
^ tho* fk»
LchoObn
M E W Y R iC Idi
«« NlchJRl^ ilK rhaHiiifg^^iirkmion this lid6
.^ii^f grfllltirt|*ee«i by fome impWtrint affair3^.^,\y^s
■•^lispipeKCOWid^ ifthtr defign, ;#jj Bfi^feiit, wfiich;iiiLade
:i»^ ■«$ ftJn»W^^'» ^<^ft ^M Ff^^":***, who had hithei:to
?xj^* dreaded us, (hould now^hink us unable to
b<4* ipake war agatnft ihefn. The reduftion p|! C?-
jTv ;J^ nada is of great weight to our free hunting*, fo
.fthoK^n i£ o\ir great qacenii^Quld not be mindful
a^^ o^ "s, wc muft, with oil^r families, forfake pur
^i •* country, and feek other habitations, or ftand
^^f^[, neuter, e'rhcjr;,of whiqh winj?e much agahift our
_^^]^f.rindina;i<)n9rr^^t ,-^Tr- ---K-r"!,,,., ■. ; .
ai .^*Al" token o£ the fincerity of thefe nations, we
g^^O jr ^ their names, prefent our great queen with
•* thefe belts of wampum, and in hopes or Our great
** queen's favour, leave it «> her moft gracious
•* confideration,"
ffofH^Whiiccolopcl Schuyler was attheBritifli court, f;°^y,*'^J°^""*^
i i icap^i aing^ld (by was d i fplaced , and Gerardus 6eek« nTa dun '," ' j un9
ifitjteainecercifed the powers of government, from the 'J^®-
;!gJ3fflih of April, 1710, till the Arrival of brigadier
TotHuncer^ t>n. the 14th of June following. The
»ii:;iCouncU then prcfent were, ^
.•j'
nii v^r« B«fifeman; Mr. Mompel&ri^
et/oit>^^i? Mr^;V|fft)Dani, ..<• Mr. Barbaric,
/iw*f^ ^aton^ Ben{lafir#V/ ^s:lJjJl?^jPhilipfe. ,
o? mounter w«s a nattv0 of Scotland, and, \yhena
31 boy, put apprentice to ^n apothecary. He left his
fikitnaftcr^ and^went'into the arn)y *, and being a man
>lvitrf.wita^iperlronal beauty, recommended himftlf
^^V/tol^dj&.ldiAy* ^whonfthe afterwards married. . Jnthe
;3/gi«ari tJUpTaiiihenWas appointed lieutenant governor
i.«!lfeyirgifliftil>^uc being taken by the French in his
voyage to that colony, he was carrie^d into France,
iCm
Three thou-
f»iid Palatinci
fettle in the
province*
T H E H I 9 T O R y OF
ai?d np^n his Feturi?i,tff ^Vigh^f^,\^^oif)tP^V> ftK>
pr^yipQcof Kcvf-Jvvfoyi j;)ca»i) Swift!? :fe|^,i| tQ h'^,
i! t^-ing his captivity, ihc^/v^ that hfi ,h^^|^ Ijonpji^r
qi:' ^ iifttimacy with Mr. Addilbj^^nrt ,1^}^f?, „wh9
\ycrc dii\jngui(hed for iheif good fenjc#nd,ieiwm(?gi
;«nd perhaps it wi^.<^ by their inter(;();,;i^, was ad*
vanccd tQ this proBcable place.
Qpvernar Hunter l;^rought over with him near
three thousand paUtin^» who the year before fled
to £fngland from the r^e, of perfecutipn in Ger*
0f^ny, Many of thefe people feated themfelves jii
the city of Ncw-York, where they built 9 Lutheran
church, which is now in a declining ,^ondition«
Others fettled on a tradt of feveral thqiiirand acres^
in the. manor of Livingfton. Their village there,
called the camp, is one of the pleal'ancelt fituations
on Hudfon's river: right oppofite, on the weft
bank, are many other families of them. Some
went into Pennfylvania, and by the favourable s^c*^
counts of the country, which they tranfmittcd to
Germany, were inftrumental to the tranfmigration
of many thoufands of their countrymen into that
province. Queen Anne's liberality to thele people^
was not more beneficial to them, than ferviceable
to this colony. They have behaved themfclvefr
peaceably, and lived with gr^at indqi^ry. Many
are rich, all are protectants, and weU aflfedled to
the government. The fame muft be laid of thofe
who have lately fettled amonglt us, and planted the
lands weftward of Albany* We have not the leaft
ground for jealoufy with refpe£t to them. Amongi^
«s they are few in number, compare^ to thofe in
Pennfylvania. There they are too numerous, to be
ioqn alBmilated to a new conftitution. They reuin
all the manners and principles which previtil in their
native country, and as many of them are papift»»
ibme
N fe W Y O R k.
forne lirfei^ttt without their* fears, that fooner or
later; they #iH become dangerous to bUr colonies*;
l^hcfh^iilttempt to attack Canada proving abor*
th^e'^ tx|]i6ied us to confequences equally calami-
tous, drtaldcd, and forefeen. While the prepara-
tioni Were making to invade it, the French ex-
erted themfclves in cajoling their Indian allies t6
aHiit in the repulfe *, and as foon as the fcheme
dropped, numerous parties were fent out to harrafs
the English frontiers, Thefc irruptions were, prin-
cipally, made on the northern parts of New- Eng-
land, where the mod favage cruelties were daily
Committed. New-York had, indeed, hitherto
cfcaped, being covered by the Indians cf the Five
Nations 5 but the danger we were in induced go-
vernor Hunter, foon after his arrival, to make a
voyage to Albany, where he met the confederate
thiefs, and renewed the old covenant. While
there, he was ftrongly folicited, by the New-Eng-
land 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 ex poled his own province to a general dc-
vailation, A treaty of neutrality fubfilted, at that
time, between the confederates and the Canada
French and their Indians *, which, depending up*
on the faith of lawlefs favages, was, at belt, but
precarious, and yet the only- fecurity we had for
the peace of our borders, A rupture between
ih* The far^ifing importation of Germans itit6 that colony,-
gave rife to the, fcheme of difperfing Engliih clergymen and
Ifchool-mafters amongft them. The projeft is founded on
principles of found polity. If a political million among the
Indians hid'^ifeetofeafonably encouraged, the province 6f Pen n-
fylvania might have efcaped all that ihocking devaftation^
which enfa«i the fatal defeat of general Braddock's army oa
the 9th of July, 1755 i and would, perhaps, havepreyented
even the erciftion of Fort Quefne, which has already Coft the
ii&ildn fo much blood and treafure.
M 2 then*
i»i
The French .
from Canada
harrafs the
fronriem of
New-England,
GovernorHut\.
ter Ins a con-
fcre"re wirJi
the Five Nati-
ons at Albany.
•ey
Cel. Morris.
1^4^ THE HI ST O ft V ^ F
thetn would hive involved us in a foc^^ib Or tnifiit/^
at a time, of all others* mod unfealbna/ble.' Ho\V«t
ever the people of Kew*England nilght cenfuri^
the governor, it was a proof of his wKdom to rt^
iwfc their requeft. For betides a want of men and
arms to defend us, our forts were fallen down, and
tiie treafury exhau(led. ' I'lr! t>jut>
A tjcw afl..m» , / The ncw afTembly met at New-Yor U, on t\\e
iiVo?'^'* '' *^^^ September. Mr. Nicoll, thefpeaker, Mr;^
Livingfton, Mr. De Lancey, and colonel Morris,
wer6 the members moft diftinguilhed for their ac**
Mr. De Lan- tiv^ty 10 the houfe. Mr. Dc Lancey was a pro-^
teftant refugee, a native of Caen in Normandy »
and by marrying a daughter of Mr. Courtlandt^f
conned^cd with a family, then, perhaps, the mo(t
opuleri'i: and cxtenfivc of any in the province. H«
was an eminent merchant, and, by a fticcefsfxiil
trade, had amaifed a very confiderable fortune*.;
But of all thefe, colonel Morris had the great&fb
influence on our publick affairs. He was * mai¥
of letters, and, though a little whimfical in' his
temper, was grave in his manners and of pene-
trating parts. Being exceffively fond of the fo»^
cicty Of men of fenfe and reading, he was never
wearied at a fiting, till the fpirits of the whdlci'J
company were diifipated. From his' infancy, hd '
had lived in a manner beft adapted to teach hitn
the nature of man, and to fortify his R»iidforthfe^
viciflTitudes of life. He very early loft both hts
father and mother, and fell under the patronage
of his uncle, formerly an officer qf Vtry confide^ .^
rable rank in Cromwell's armyi who, afcf r the rc<^
Horation, difgujfed himfelf under theprdifefllionof'
Quakerifm, and fettled on a fine' farm "Widiifi si
few fiiite^ of the city, called after his dwi) painie,
Morrilania. Being a boy of ftrong pafniQi^, the
gt?neral indications of a' fruitful genius^ he gftvc^
frequent oficnce to hi^ uncle,, and, on one of cheftf
^ '' - i '"' occafions.
I N E W YORK,
9fliOans^) through fear of his refentment, ftrolled
av(«y inta Virginia, and thence to Jamaica in the
W.ttii-Indiiea.^ where, to fupport himfelf, he fct
up, for a fcrivcner. After fevcral years fpent in this
▼agabond life, he returned again to hU uncle, who
received che yioung prodigal with joy ; and, to re-
duce him to regularity, brought about his marri*
age with a daughter of Mr. Graham, a fine lady,
ytiik whom he lived above 6fty years, in the pof-
feifion of ((very enjoyment, which good fenfe and
pQlite manners in a woman could afford. The
greateft part of his life, before the arrival of Mr.
Hunter* was fpent in New- Jcrfey -f, where he fig-
nalized himfelf in the fervice ^ oih of the proprie*
tOKSrand the itiTembly. The J< "r employed him
tQidrawu|p their complaint ag. it my lord Corn-
bury, and he was made the bearer of it to the
queen. .Though he was indolent in the manage-
iT)ent of his private affairs,' yet, through the love
of} power, he was always bufy in matters of a po-
litical nature, and no man in the colony equalled
him in the knowledge of the law and the arts of
intrigue. From this charadler the reader will ea-
fily perceive, that governor Hunter Ihewed his
prv^ence in taking Mr. Morris into his confidence^
his talents and advantages rendering him either a
ufeful friend. or formidable foe. Such were the
atog meiujbftrs.of thi& affembly, When briga*.
.? Hughjpopp^f^wajits a Quaker ^ealot, w^s his precep-
tor: the pupil caking advantage of his enthufiafiD, hid him-
feff in a tree, and calling to him, ordered him to preach the
gof^el among) ihe^^dkawks^ The credulous Quaker took ie '
forva jniracuios^ call, and was upon tb: point pf feuingont.: \
w)^^i^N(<;ibeaAi»YMdiffPvered. ^ ^ ^ . ; ^
+ Hewas one oj[ the council m that province, and zjncgjlf^^
of tftfe'^dpf^nie'cbtlt-t there in 1692. Upon the furrebder of ,;
the'^bveriiteen* to queen Anne, in 170a, he was named tobb ^'
gQirvFiiQr «f the colony; but the appointment was changed, v,
in fav9ur C(( loi[d Cornhiury, the qugca's couiia. ,< f ,.• ;.t
.65
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23 WIST MAIN STMIT
WltSTIII,N.Y. M5M
(716)«7a-4S03
v\
l66"' T HE HI S /r O » Y; Q F
ifcUlmg a revcDuov 'the defencfi 9I filsp^jfei^iijierSf* j
artdfth^^ijeftdratVoiBfof the 'publick: cpe^ift 7 whwh*^
JoMl^ Combury had altnolt entirelyr^^fPipjEi^ , :^o> >
ll«f)«llTe iifemaining fparks of our ahf \?^<Qiyf^s,r^e »
cotittkideid with thefc words : " , lii^$^%^<^bQ^p
" to ditturb your peace, by reviving bviried par-**
"tks or piques, or creating new ones, they (haU
** 'mttt with no countenance or incouragem^nt
^^itotnmci and I am fiire they deferve as litelp
•• fpoh* you." The addrefs of the houfe was per*?
fe(!lly kgreeable to the governor. They .promired
to provide for the fupport of government, andta
reftorb the publick credit, as well as to protc^ tbe^
frontiers. In anfwer to the dofe of his fp^ch.'
they declare their hope, *' That fuch as cixcite(i«
*' parry contentions mi^ht meet with as little (i^-*
** dit, and as much dilgrace, as they deferye.'^
This unanimity, however, was foon interrupted.'
Colonel Morris, for fome warm words dropped in*
a debate, was expelled the houfe >, and foon afneci:
a difpute arofe between the council and aflembly^
concerning fome amendments made by the former^
to a bill, ** For the treafurer's paying fundry fums
^* of money," The defign of it, in mentioning
the particular fums, and rendering them ifTuable
by their own officer, was to reftraiii. the governor '
from repeating the mifapplications wh^h/jiad jii^cn'
fo frequent in a late adminiftrationiofilThe coun-
cil, for that reafon, oppoied it, and i4H9ried tof their
The afTombiy amendments; which occa0oned^;pr0rog$tion^; on
i» prorogued (he ^^th of Novcmbcr, after the pafenBiof feve-
Nov. 25,1710. , V ff « F' rrjsf-^'-
ral other'necelfary laws. ' t . , ! ,
Mr. Hunter cautioudy avoided ent^ii|g-|>^b«>
lickly : into the difpute between the tv^Q houfpf^ till
he'ki^ewthe fentiments of the mml^fg^nmd theii
It meet! sgain opentfd thc fpfing fcffions with afpei^cl too Jinscu*
Vl^'lt^^'^^'lar ridt to be inlcrtcd. itmr^rii W iim '
^ * . . Gentlemen:
\*y
%>'■>
n
">l i W" 'Y'f O! R K. 167
f ^i dii|)oritlfife t<6anfwer the tends of yoor mttt^r '
^^^iti^i Mkhy' t6 ptondc n fuitabk fupport ftv
?*^^ I^er mifeftjr'i gbvernment hiere> in the mannec;.
*"^e^ha(S*feert plcafed todire£t ; to find out meansf'
' to- fcftdrtf the ■ publick credit, and to provide
bfcitei* for yotir oWn fecurity . 1 b 01 -
** They abafe you, who t.ell you, that you are
hardly de^lt by in the augmentation of falaries.
Her niajefty's inftrudtions, which I comoiuni-
cated to you at our laft meetihg, might have
cbHvihccd you, that it was her tcndcrncfs to- ;
w^rds h^r fubjedts in the plantations, ^hafuf-.^
f(^red trljder an eftablilhed cuftom of n^akinig
bbnffideti^ble prcfcnts to their governors by ad^s
hf tLffemb\y, that induced her to allot to each
f*^' df the til fuch a falary as Ihe judged fufiicient for
" rtVeii' fupporr, in their refpeiftivc Nations, with
•*^W (^ridt prohibitioh of all fuch prefents for the
^*^ future-, which inftru6|:iOfl has met with a chc«r-
**^ fiiil and grateful compliance in- all the other
•• iolonii?s/^««;^i^" ■ " „q|,-5 ^
'•• If you have been in ^riy thing diftinguilbed,
•*'it is by an extraordinary meafurc of her royal
*f "bounty and care. 1 hope you will make f oit-
M 'able returns, left fome infinuations, much, re^
peated of late years, ihould gain credit at lad;,
'that hoWevtr your refenttncnt has fallen upoii
the governor, its the government you diQike.
•' rt ik ifie Wary at this time that you be told
"alibi th^t giving money for the fupport of gon
•« ▼ernioieilt;- anddifpofingof it at your pleafureji^^
^' is the fame with giving none at all. H«}r ma-
*• jcftyii' tHe folc judge of the merits of her ler-
varitSi 'This right has never yet been difptUted?
at home^ and £ould I confent to give it;up^
jibroad^, I' (hould render myfelf unworthy, i^qc
OOly of the trult repoled in me, but of thefo-
• .'Vi M 4 ** clcgr .
««
«
V
cc
cc
cc
cc
<c
»c
T HE Hisn' O ft Y b F
WOT vou rup'6brt htf Wiijciih V^d^ii^tteot 1i^
•Hteto rtfolvcd that biiW^iHkH life ftW h^iii
••^flii^fevcrhor,. iwK acbtife hlrt^fctf of «hy
«*"^ttiitig /hat maV; hkvc deicrved thisWcactiiiteiitlit
,2^i?f ^fll yjj^ take ckrfe 6f thcdebti^jf thc*g<»-
*^"'WrtlrWcnt ? or, to ihcreafc my ftifiWinjg*, rtttift
e
The governor
diflblves the
•liiembly«
•*^ If ^his phinneifs bffthds you. I judgie it neccf-
«*"fai^ towards the eftabliftiitig and eultivatirig 'A
]8^9^ (itidcrftanding betwixt us. t hope it M\\
**^ Wfo'cbnftrued, and wi(h heartily it may hav^
■*rrnrn '?nii^ ^fh "to noiM. '"{ !'{f:.i[ to b
, ifi^ga-jiy^j with tWs fc'markablc fp^echi'tee ftfJi
' fim^ ^*^ a few days, tondddc^d, 'thai as hi^i
cMhadDrbfc *
nie|, they were the fkitid (day diCTolvicdi
ciTc^ fiaaprc ^ _
i' >j; poyiih^ton, ih the ptb^nce of Ncw-
;; Jtfiey cbiild not fit and aCt ^ 4 hbiife j up*
five Indian king V carried' ^6 Ettgland by
wy.w..v. ^(ihiiyler., hatting iccn all the cunofitifcs In
L^1i3bji,--atid been mucli entertained by many pcr-
^fis 6t dJftih(ftiori, returned to Boftohiwith corti-
nj^db'ffe Mkhfh and tolonel Nicholfori 5 the latter
•'1 »n).'ii';( • 'of
Prf)r^(^flttl^^t!;^^g0^ftiff %pr.^^^?vn M>^No.a Scotia.
3«Pf ,t^ftflrt4l>g j^^if^tj^pf ji|Jif;g^«pr;fco.. which v^
I^etcj;! op?j|hei2j^ or Q^9ji^r,^7ip. AniipAtqqf by
Nici?aJ(fi?o^^ , ^ain . iirged the , pro/pputio^ pf tjio
fcheme for the reduction of Canadii ; wliich baying
h^pp i^rongiy recommended ,by. the Indian c)irefs,
af^,;he qnly qSi^^ual means, lib i^cure the oprihern
cplonieSt.waSinow again reifumed. ^ m.. ■
^ ..To^ard^^tii^ execution of this projeA, fJve Brigadier rb-
thppiand trfM?ps from England and Flanders were eTpedSl-
fent over under the command of brigadier Hill, gainii qanada,
tjje brpiheff of Mrs. MaC(^m, the queen's ncw*"'^'*^
epondani^^p the. difgrace of jt^e dutchefs of Marl-
bctropgh.o .The f^eet of tranfports, under the con-
y«^y 9!^ ^i*" ^iovendcn /^alkcr, arrived after a
(QOPth'ii paflf^gei at Podoi^yOn the 4^h of June,
17 1 1., The prqvifions, with ^ which they expei^ed
tp be fj^pplied there, being not provided, the
tijQops landed^ Niclvsirpn,^ who,was to comii^and
^hc land fcrpc^, canie impnediately to Nfw^Jlt'qrk,
where Mr. Hunter convened the aflfcmbly/pp^he
ad of July. The re-eledion of the fame mem- a new airew-
bers Wiho iha4 f^rye^ in the laft, was ^ fu^qent^;^' jjf*;^
p^oof.of,^l^e genera) avernpn to the eftablid^P^fenti?"*
^f a,, revenv^^ j Kpb<?rt |^ivingfton, junioK ^hp
ii^cied the , , Qn)y daugl^ter of colonel ScKuy ler,
c^me ip,fpi; >4U?any ; and together with Mr. ^OTr
ris, whp, w;|f agaip choien for the borough.of )|^e^^-^
Q^^A^r^^P^^^ the governor's intercft. Bfiga^^
jjunter Wprnied the affembly of the intendcd,'?;j^-
peditJpn«i^n^ jth^ arrival of the fleet and^fsarcesj
t|i*t tjif qupifat.pt this province, fettled by the
council of wai: a( New-JUon(iop» was 6qq pn^ate
, fcntincls
179 THEHISTORVOF
lentincls and their bfllcers j bcficfcs ^fr?^lif;' Re rii
cifrtifriended thetr ttiatki^g provifton for t^'flAh^
biite^tii, trartfpordh^ the troops arid jbrdirffionsj
fubfiftiHg th^ Indians, and for tW(^ tantin^er^
charges i nor did H^ fc^get to mktiilorrihjt fuf>poft
of government ahd the public dcbiii. ^
Theychfarfui- The Houfe was fo Well pleafed with the defien
ly fupport the upori Canada, that they voted ari add'r^fs of thahks
CaSa. td the queen, and fent a committee to NichdMbn,
to congratulate his arrival, and maki^^lii honour-
abte acknowledgment p'f'his *<fedulous kpplicdtion
•• to her majcfty for reducing Canada." In a fev^
days time, an ad w^ Jtaffed for raifirr; forces *, and
the affembly, by a rbfolution, according to the go-
vernor's advice, rcftridted the price dt provifiohi
Bills of credit t6 certain particular fiims. Bills of credilt. Tor for-
for 10,000 1. warding the expedition* were now alfo urilick, to
the amount of io,ooo}. to be funk ih' five yeafs^
by a tajt on eftatcs re^! and pcrfonal. ■ After* thbfe
fupplies were granted, 'the governor ^Yor6gu6d
the aflembly; though nothing was dbne relatirig
to the ordinary fupport of government.
While thefe preparations were making at New-
York'^ the fleet, confifting of twelve men of war,
forty tranfports, and fix ftore-fhips, With forty
hoWeS, a fine train ofartillery and all niannCrof war-
like llprbs, failed for Canada, from Boftort, on the
gotft of July i and, ibout a ihonth ^Ifi^eV^^irds, Nii- '
chblfbn appeared at Albany, at the'heiid b? ati afi
my Of four thoufand men, raifed irt'tHist iind th6
cbbnte^ bf New Jerfey and ConneAlcut : thfe fe-
Vei^al regihients being tommaftd^d by dbiortiertrt-
g6\^p cbloncl WMtiiig, and colciriel*^ Schuyler,
M mkfof iithom procured 6o6 of i^fe Five Hit-
mki to join 6^r army. ' ^^wmu^ ;.iw. ,n. tj
^^ th^'FV^c^, in Canada, were' hdFMb^iM
f^'-tfeie dcfigns. Vaadreuil, M'j^etLr-y^
rti^ail' ' fent his orders', from l^ontrcaC^'thfe Sieiir
p
N E W
y Q R K.
an0,.ijm|mf (hould be helclmre^in^f^^pmarcl^p?!
lixc iirft .jyV^'*^^:- , four or fiye hundred Intos*
<>F th^ mcge dift^^ nappns^ af,nyed at; the fame
time at Montreal, with MciTicqrs St. Piefrr ai^d
Top^'t Vv^o» ?9gcther ^ith the Caughnuaga, pro-
felyte^t tpplcup the hatchec ip favour of the French.
Vaudreuily a^ter dirpatchiiag feveral Indians at^i
two miflTionaries ampng the i^ve nations, to deta^^
them froni our intereft, went to Qucbeclc, which
3eauco\irt the engineer had fufHciently fortified to.
fu(taiii a lojig Tiege. AH the principal poKis belpw
the ci^YtOn both fides of the river, were prepared
(p receive t^e Britllh tropps in cafe pf their landing.
Qo i(ie |i4tb of Auguft, Sir Hpvenden Walker
arrived with the fleet in the rnputh pf St. Laurence
Kiver i and fearing tP l6fe the cpmpany of the
tranfpprti, the wind blpwlng frelh at nprth>we(t»
he put intp G'fpy bay, and continued tliere till
the 20th of the fame mpnth. Twp days after he
failed frpm thence, the fleet was in the utmpft dan-
ger, for they had np foundings, were withput fight
of lapd, the wind high at eaft-fputh-eaft^ and the
^y darkened by a thick fpg. Jn thefe 9rc;u(nr
ftances the |!eet brpught tP, by the advjce pf the
pilots, >yhp wereof opinion, that if the {hips jay
yifijih their heads to the fputhward, they might be
ariven t>y the itream into the mid(t of the ctiaiu^el %
b^t infte^d of that, in two hours after, they found
thet^felve^ op theiwrth fihore^ an^ong rocks^pd
iflands, ,apd i^pon the point of being Ipfl:, Tlie
men pf waf'^MPaped, but eight tranfport?, cQOi^ai%-
|ngeig)i| ^Mndred fpuls, pSicers, foidiers^ ancjfef-
men, were; caft away. Two or three days Beii?!g
fpent, in recovering what they could from the fhore,
it was detejraiined, at a consultation of fca officers,
fp |^tu^i;i^|p Ippie bay or harbour, t4Il a further re-
folutioa
m
A»
T H B, S I^ T Q R y ,p F
fd'j
*>f)fp New ^iijpla^^,, u^«p«X^u(l^,qq<^|4d€4fp,f^
,u .t; ^tfirhhomc, without p(i^j^mgs^py!f^rfJif|r^??Wls^
,rVv'' .' a<ia^ accordingly ftrriycd at PpHiipwi^^ o^jM^
9t^^ of Oaober, wfien^ ip additipf^ H9i Qi«,wi^prfT5
tu^f^; the Edgar, ,fi 7Pgun ll)ip, wj^(B b^wnfivpte
h^viri^ on board abov«;ffp^K hufi4»«4jiri9/?r :l>fifi$Jc^ii
nianypcrfohs Who came to vific their ^j:ijeQ|i^^
yVs loon as the marqu^ De Vaudr^uii»,fby ^tlie^c*
a
cojunts of the fifliern^en and two qthei;. ihiip% ha4
,*'!',-"' reafon to fufpcd that our fleet was returqec^^heff^iiiii^l
- co'Chambty, and formed a camp of thr^e.|:|ipi^j!)^(
nien to oppofe Nicholfon'sarmy, inte.nde4>lo|)$^r^r)
trate Canada, at that end* But he v^ fopn if^t^pfP^n^
ed that our troops were returned, upon thf pew^^oi^/
the'difafler which had befallcii the fleet, and. |li^ld
the| people of Albany were in thti vtmpft cpi^ftei^r
natsbhJ '■■.,:. h.id
The new mlniftry are generally cenfufi^^ fp^lhftilV
cohdp^ in this expedition by the whigs, ,yi\^ con^w
demi) Joth the project, and the meafur^s AakjQni <IP^lu
war4s its execution. Jhe fcheme was^^fverjai^xa
btrfpri^^^lie (jarlianient, though i^ was th^P; iiitci||g>iiit
bif^th'^s, itis faid, was for the greater if^crc^^y;^ andbiv
for" the Tame reafon, the fleet was not ifullyvic^rj.^
tualed af home. They reliedj^pQnNe^^'jpf^gland
fotjCupDlies, and this dcftrpypd ^h|C,fift(i|yp.,.iFpr '
^Hh^ wrried a^^^95Qn^.t^lljI^c.i6afcy*.ipr,|h« -
Acfprdipg to Irtrd Harley's a^copnt pf tft^^- fi35?
pedVtjop^^ ]the whole was a contrivance of ^olKig-o ^ ■
br6ke^.MpQre, and the lord chancellor ^aricputf^ ^
to client Vhe publicly ^of twenty chouf^n^ pppf^d^^ >5>
' *• mcnt
M
iu
"71
il)
-TA>p^Hs1if«{h^^)<f|tat the '^^y would fall lupoid'
6m^ Md^^i'liA chty ifteHvaM^ really did, in Ini^f 1'
erf tfRak
the au-
wiiiwW iihid '<6 ^iei)*!!" the out forcs. Aff^r cH? »""»» of 1711
hbUfe'Kaa baflbd feVeril Votei tb this purpoP:, his
e*tc\me^! iStJIt'in^ the ftfiUdh, went up p Albany,
c^'wfthdi^V^ (he forces of thc^ colony, and kiVe ok'* '
dcrs fortiie WsctOkty rep^iW/"'^^ "'^^ '^^"^^'l '^'l^'^*
- 7h^ pilblick debts, by tlils urif6rtunatft cxpcdl- „., ^^^^ ^^
tfett^ #eir^*bccottie grcatly'^hhartced, and the ^f- n«en "e *"
feftitilyi'-ai^ lad*,' entered upon meafures for tHcJ°^bf ""'*''*
ftitipoi*t of the gbvernment, and fcnt up to the *" '^*
coiJifAeil feveraV bills for thdt piifpofe. The l^tter'^
anSittibted tb make anfiendmehts, which the ot|ier
wbald hot admit, and a Warni controverfy arofe^
betWeenf thofe two branches of the legiSature!,'|'
. The ^oikncil affigned indances, that amendme/ics/
had formerly been allowed ; and, befides this .ajf-'"
gumi^n?;' drawn from precedent, inHfted that tMf
wct« a part of the Ic^iflaiure, conftituted a$ the'/
aflembly We^e**' by the mcer grace of the crdwii'^'j
adding; that thif lords of trade had determined tlM^^ '
matfier irt their favour. The houfe, neverthcieln''^
adheredxt6 their refolation^) and anfwered in iheie '
wA^i^^rtfey'tFie fltafefe MS^ liM^i^f^l
" fftitheteglflattori, does not flow from ahy tii(le'J
•' they h&>^e-itdm the nature of that board, Whicli*^ [
"is only to advife ; or from ^ their being sinolhef *
diftiflS? tee^tl^ rank of people in the, COiiftitu- ^
tiOh, 'ii^hl^h they are not, being all Cohamonij ^^
•* biit oii!^ ifrorti the meer plealure of the pririfci
•« fignified Iri the commiflion. On the cbntraryi: j
*• the hihcreot right the affcmbly have todifpole
*' of
«c
cc
«c
#74 tHEHlSTORYOP
^« of the mdney'cf the frefemch '6f Mi colony;
«< docs not proceed fifOVn uny coihifri$ffi6ir, letifers
•« patent, or other igrant from thc^trbWl but
** from the free choice and clcaiortb^ 'the -people,
«« who ought not to be divefted of thcii' prtipeny
^ •« (nor juftly can) without their cortftfit' Any
'* former condefcenfions, of oihcr aflTettibH^, will
•• not prcfcribe to the coiincil, a privilege td make
•• any of thofe amendments, and thefefbre they
*• have it not. It the l6rds commiflTioneh for trade
*• and plantations, d?d conceive no restfon why the
** council Ihould not have right to ^mehd money
^' bills, this is far from Concluding th^re are AOne.
•• The aflembly underftand them very well, ittd
«• are fufficiently convinced of the neccflity they
'* are in, not to admit of any encroachment fo ixiilich
^« to their prejodiee."
Both houfes adhered 6bf!ifiate!y to their relji»66);ive
Opinions : in confequencc Of which, the publick
debt^ remained unpaid; though his ' excelleney
tould not omit pafDng a bill for payrng to hiitireif
3750 ounces of plate. '''^
Upon the return of the fleet, Dtrdlcy,' Saftirriftall,
and Cranfton, the governors of the eafterfi Colo-
nies, formed a defign of engaging the Fiv^N'atidn^'
in a rupture with the French, and wrbtd oti thiit
head to Mr. Hunter *, who, fufpieious tBat'hfs il-
femblf would hot approve of a^'brdjeft thla|
might increafe the publick debts, l^icf their letter
before the houfe, and,accdrdihg t6 his'^:^pe^atioil^»
thev declared againft the fchemd' ^ "'^ ';'"'"
About this timecolbnel Hunfei^,miHfe'MVK
his council, began to exerC?fe the office df cftahcel-
to'b*r%7i7*ii.lor, having, on the 4th of OftobJir; aiy^ilht^ij
me€eurs Van Dam and Philipfe maffters;' l^V.
Whileman rfegifter, Mr. Harrilbn tiarfiin^ ai^df
riieffletiirs Sharpis, and Broughi?6h tlietk^^. A
Froclamatldri \vis chtii iflucd, to fignify the fitting
oi'
ZftabliihrneRt
if a court t f
Chancery, Cc
cc
to
iS\.
%
i6t
N fi W Y O R K. 171
of tbp cQ^p pn Thurfd^yJn «very Week.: ThW
' j* l^fPlyCQt that the ere^ing a. court of chan* Refoiutiont o^
«*|ifi^, .Hli>4tj)0wt confent in general aflcmbly, ii [gJi„ft"l"^*'
** ,<pn^rdry ,(JQ| law, without precedent, and of dan*
7, , g^rov^a (jqnff^quence to the liberty and property
ffi,pf U^p fHbjca*.
I*' That the e(UbU(hing fees, without confent in
** , general a0embly, is contrary to law." The coun-
cil tnad^ thefe votes the fubjcA of part of a long
reprefentation, which they fiiortly after tranfmitted
tO( the lords of trade, who, in a letter to the go^
vernor ia.anfwer to it, approved of his erefting a
court of equity, and blamed the afTembly, add*-
^Qg« ** "^hat her majefty has an undoubted ri^ht
**, of appointing fuch, and fo many courts of ju-
*' dicature in the plantations, as ihe (hall think ne-
** QcS^iy for the didribution of juftice."
At the pext meeting, in May 1712, colonel Another fef-
Huntcr ftrongly recommended the publick debts fembiyin mv
tQ^^the confideration of the aiTembly, informing 17 >«•
them, that the lords of trade had figfiiHed their
ppii)ion» with refped to the amending money bills,
10 favour of the council. , The houfe negkded
the matters laid before them, and the governor
broke uptlvP feffions, by a (bort prorogation of
three daya* After which they foon pafledan a^
fpl| paying his excellency $025 ounces of places
0^r.,p^b^ck affairs never wore a more melancholy
ifp^ja ihaMtthisjundure. od»d?^Tot5d
Among the FiveKations^ many emiifarifs from the French
the Fx^nchi were daily foducing them from the Bri- l!;!f ^T^"""!'"
>•/••' iv •« t -Mr «- /- 1 among Che Pir«
till) iptere(^^^^4 our late Hi fuccefs gave luch a Nadom.
mwexfi^ inaui^ to their felicitations,, that tho
If|4iian$ (^iKeK^t i^att's Kil^ fentabeltof wampum
to, jthqjfc. ift ' putqhefs county to prepare <for a wart
Tt^He Spiijeicas andShawanas were alfo; greatly dAf*
/ ^fe^^d^ian^ itwas gencrai*lyHap|>reh6iKi^,' thai
17^
An in(Urr«c-
4ion of the !!«•
groM «t Sevf-
York in April,
I7i>*
Another fef-
ion of the af •
feinbly in the
autumn of
1212.
A propofa I
made by the ;:o-
irernor for the
management of
the revenue.
It i« dlfap-
proved by the
iKmbly.
THE HISTORY 6?
they would fall upon the inhabittnci along Hud-s
fon's river. An invafion «Fas ftrongly fofpe^ed by
Tea on the city of New- York, where they had been
alarmed, in Aprils by an infurre^ion of the ne-
groes I %ho, in execution of a plot to fet fire tb
the town, had burnt down a houfe in the night,
and killed fcveral people who came to extinguifh
the fire, for which nineteen of them were after-
wards executed. But diftreffed as the colony theri
was, the afiembly were inflexibly averfe to the
eftablifhment of a revenue, which had formerly
been wickedly mifapplied and exhaufted. At the
enfuing feflion, in the fall, colonel Hunter pro-
pofed a fcheme to the afiembty, which was, in Tub-'
itance, that the rcceivergeneral fliould give fecu-
rity, refiding in the colony, for the due execution!
of his oiiice ; and every quarter account, to thd
governor and council, for the fumt he might re-
ceive. That the creditors of the government
fhould,* every three months, deliver m their de-
mands to the governor and council $ when, if that
quarter's revenue equated the amount of fuch'
debts, the governor, by the advice of council,'
ihould draw for it : but if the revenue for thae
quarter (hould fall (hort of the governor's demands,'
then the warrants were to be drawn for fo much'
only as remained, and the creditors (hould after-
wards receive new drafts for their balances in the
next quarter. That no warrant IhoukJ be ififued,'
until the quarterly account of the revenue was given
in ; but that then they (hould be paid in courfe,
and an a<5lion of debt be given againlt the receiver-
general in cafe of refufal. That he (hould account
alfo to the aflembly when required, and permit all:
perfons to have recourfe to his books. The houfe
turned a deaf ear to this plaufible projedb, and
difpleafed with a letter from the lords of trade, fa-
vouring the council's claim to amend money bilk;
they
«c
««.
qucen«
Provf4tqd,Ay,<hw,c^4^fl^ wa^ia put an fnd i^^,^^ ,^^^,;
- %
. Ikfw the. mefiiog^^ tbc;^«t a(Simriy.^f;«-'jj:-
peace of Ucroqht was coI^l^t^« oa the Jift^ (rfji,
171J.
^^«h^t^4|A Aj^f^c,Jpiti|jv»dgwe9«pfnwoy%'
di(hjDnQMMli)e ;t^ GfM t*Br}Mia# aik;! injurioiii tQ '
her j^liei , . lilia|i)Oiii]|y cpnfuiipr i^ with relatipn 0^
ourlndiaalaflfairai . The ^aqpi^doubtlels obferved*
thab]ordB{fllpmpntq.ffttr>|;W;jpeace at R^^f^iriclc^.
c6ntendW w4|ihtrt»^,gOvcriiqr ,c£ Canada, that ^he
Five Niatio|i| oi^C;1eo JM^^^oiifideired as fubje^ls of
the Bfiii(^ ^^^^'^ • ^^ thati^ pokit was difpntc«l)
eycn a6ef if^c; deat^ of 1 GOM^^.Froiite;iac. ^> h does
nol, ffiplear tb^^ matter was'
xpade^blitjiyeeri th^ f yvo^^pwni,' till the treaty: of Ur
trecht) fiibc 4^yth>rticle of yifhich is in theie words^ s
" Th|», ipi>j^ pf FrapcO' iithabiting Catada^ Th* ^J^J *'«-
<* and otj|iCf^ |ba^ll her? after give po hindrance «? d °u. «re ."c.
V n)ole(latib^ tOrthe vFivf^:NDtiph^»..or cantons o£*no«;'«^';«.'' '*'»
••Indians, fMbj«a:tpr«^dpnE*ipionofGi«»tBriMii»i^^S^
" 'mir>.t<^<!fbe>fP(Hpr;< naiMj^na^P are *««»•
*< fii^ndf f o^i!Jpip#)ac^ . Ijia, yjbe ixianoefv the fiibj^te«^
*^ o€^<^reat ]^i^iitm^?][H^)^vie thenifelves peaQe«t
«« 4bly.tGtwams^ff>4^^^'^» whoarefubjcdtsor
«;;«Wi^:Qlit;ra^ooAlfotfetlM«^ of thdccoUrini,,
«! ^ Itiils^ t&kllf < wi|[h Mhi^n^ Ub^rty^r rdbii^ ad thi^
*^ t|>l^ai^ t^Oi^jii^jjiiri^ and Fnench cobflMS^^ifiM^^
^romocMig mdjs'm^ m^Mt and the^Mr^ ttli^y
■^,u N - • •« outf-
it
«c
cc
17^ THE HISTORY OF
*' oUt any moleftation or hindrance* either on thd
part of the Britifh fubje^ts, or of the French.
But it is to be exaftly and diftin^tly fettled bjr
commiflaries. Who are, and who ought to be ac-
cOtfnted, the fubjeds of Britain or of France."
In confecjuence of this treaty, the Britiffi crown
became entitled, at leaft for any claim that could
juftly be interpofed by thcf French, to the fove-
reignty over the country of the Five Nations, con-
cerning the extent of Which, as it never was ad«
jul^dd by cpmmiiflarieis, it may not be improper to
fay a few wbrds.
Of the extent When the Dufch began the fettlement of thi^
rielofthe'fiv'e*^^""^*^/' ^^^ ^^^ Ihdians on Lpng-ifland, and the
^ofe^dera% ^ northcm Ihgre of the found, on the banks of Con-
Mtions of In- nedticut, Hudfon*s, Dfeliwarc, and Sufquehana ri-
vers, were in fubje^ion to thift Five Nations ^ and,
within the memor^ of perfons now living, acknow*
ledged it by the payn^eAt of an annual tribute*.
The French hiftorkns of Canada, both ancient
and modern, agree, tt^t the more northern In-
dians were driven before thefuperior martial prbw-
efs of the confederates. The autKor of the book
entitled,' Relatibh de ce qui s'efl p^ de plus re-
marquabie aux Mifl^oni^ des Pere& de la Campag-
nie de Jefus, enia nouvelle France, publiflied with
the privilege of the French king, atraris, in i$diy
writes with fuch fiiigular hmj)Ucity« as obviates the
lead fuipicion of thofe finiiter views, fo remiark-
able in the late French hiftories. He inforchs us,p
that all the northern Indians, as far as Hudf0n*s
Bay, were harrafled by the Five Nations, ** PartOut
** (lays he, (peaking in the name of the mifliona-
'' ries) nous trouvons Iroquois, qui comme un
;* Phantomeimportun, nousobfedeentouslieux.*'
* A little tribe fettled at the Sugar Loaf moantain. in O*
range county, to this day make a yearly payment of abone
ZQ L to the Mohawiu.
Ill
M
<C
c<
il'.
«<"
M
it
k 'i w V d R K.
In tJie account he sive4cif the travels of a fattier^
in 1658^ wes^retold, thatthe banks of the upper
lake were lined wjchthe A^nkins, ** Ou la Cra-;
V tnte des Irequois leur atait chcrcher un Afyle.**
WridnjgQf theHiux>n% *^La.Na^^^^ plus fe*
J* ii^ntaire & la plus propre pour les $emences de
5* la Fpyjt*' be reprefeots them as totally deftrojed.
l>y tlie cohjfederati^ jCharlei^oixi whofe hiftpry of
New France is qdcqlat^ to countienaiice the en-
trOachmentsof the French^ gives the following de-
Icrit^ioh of the territory of the confederate
•« The country of the Irequois (fays he) extends
** itfelf between the 41 ft and 44th degrees of north
^* latitude^ about 70 or 80 leagues from eaft tol
*^ weft, froin the head of the river, beariiigforits
*' name that of Hichlieu and Soirel * i that is^
>f from Lake $t.Sadrainent to Niagara,and a little
^i aboye forty leagues iix>m north to foutH, or ra-
*V t^ernorth-eaft and fouth-weft from ^e head of
*^vtne Mohawjks river to the river Ohio. Thus
^'/theiaftmeiitionied liver and PennfyJvahia bound
*f it 00 the ibuth; Oii the weft it has Lake bn-
'^ tkrio ; and Lak^ Erie on the north- weft. St.
** Sacrament and the river St* Liiwrence on the
^* northi i on the fouth and fouth-eaft, the pro-
^* vince of Nei^-Ydrk. It is watered with man/
'* riv|brs. The land is in fome places broken, but^
f* generally ff^kiiiji;, tery feiiiW' . ^ ,
Ih this partial delcription, the Jefiiit t^ neither
confiftetit with his geographcri nor feveral other
French authors, ana yet both hid hiftory and Mr.
Benin's inaps^ inii744f, which are bound up with
it,
* The Hver iSRang from Lake Champlain, is called, Ri-
vieres des Irequois de fUdielicu Se Soiel, but the laft is hov/
-Aoft commonly afecl.
t Mr. Bellin puUUhcd a new fet of maps in 1745, the firft
f Ut6 being thought too fayonrable to qw ^aims, ^ipecially ii^
N a <^*
^7i
\
t
l8o
THE HI§T OR Y O i'
it, furnilh hiany ftVoo|;, evidence. ih favour qfthii
Bfitilh cbirris, ' i; wiH |>bint'out* i ft# ihHa^cw.
The ancient cotrrjtrv bf tli^ Hiir^rn^ fe'liiid ^6'wn on
the north fide of Jake Erie; 'by which we sircafcer*
taind'd of the citi^t of iwmdty,^t;6l'wlii<iH this Five
J^atibni are eni'itfed by'thcW^^tti^upft dfi^Kit peo-
ple. The right of the: c^flf^ij^ilatts to th^ foutfi
lide Of that iatc,-ts alfa cmi^IHcd bf tM difber-
fion of the Cat Indians, ttowhdiri%oi%lm^Jiy be*
long^J. The land, ob ^jbloth fiidib^ jof the lakd'On*-,
tatio, i^ ad^ilied to be theiri 'by tlii^ ^jfeogr^tphierl
who writcf oh the riorthj- ** Ets nbqiiois d3 hoW,^
andonthefouih^de, *'Kyidd$^tb^U0!8.»' Hfen-
%epin, Li HontatAandp^flc,' all concur witli Ber-
lin, in cxtendihg therijghtbf thefi4fe Natidhs,- to
the lands^Ojrthjfe-hdrth^d^ pf^kc Ond^^ The
lirft 6f tfhete^ddes whit-appcaki fir9rfi his itiap»
%akiDgbfffit|ake;. has thtffewewfasi-" Theft
- ■ hkqm!^ bh the riortK fi^ ^Hfeffe IrodiKhs villages.
** Tejajajibn; Kcnte, and'Gahheoujie f'' every one
<jf whfch !s' laiB- down fcvdi'itT! Bcllin'*, 4nd alttibiJ:
all the rtiaps-t have feen of -thil9fdTOry; whether
French br EnkHHr. Wba^' r^fidcts Hennepin's
"the ^fbtra^tb&^ef the' north mHt ^^hifit^fmdyi for
fKotva:StdotUi;;3«hitJursn :therecoad^|>latti,wa» ailed, <« tVe
;«V(pml^ j«»r^af.*fevpr,Frtn(ce." GcMei^-^rtey, oneof the
Jprkiih cc^nii%iesifor iettling tlkstd^fwited limits, ^k 0€-
t^tioH^i6'tpik]t^'m5 Uterauoii tdMl! B^lin.at Pirk; and
informed him that lo^'^ies-^c^ K^'%m'itf»^s Were diJTperftd
in London, npbniwl^k $44ifcQieilBdi fdme forprife { but in-
itead of urging, ^yt]|u;^g.wiflj|^r^ in his
.new djaft, Jaid, Ji^ilipg* ***Vite in^ran<;(B i|iii}|l TqUqw tlie
command of th(iitioharc$." I tnenUoH'tbis to fktWt tKat fince
the French gt}Vi>|(iiUicttt^ite6^pd^»:4h\thtfioaftiruaion of their
xnaps, they are proper evidence againft them. Among the
Engliih, Dr. MitchePs is the onfy authentick one extant.
Ihlgne i>fvtbe reft, c^inciermng America, Juve pafied under rhe
«;!caniipation, o|j-d«!iyfid thq, fan^ijoi^ of any pqblic board ;
gnd, for this reafon, they ought not,;)Q,be^cpn^ued tdqfir
piejudi^,. .44dr that |hey g^ncrajly ,fQpy|rpna tlie French.
■P"
*?-,%'
" c V n o T' - J - -> V '■'
- , . , ..^.rE, W, Y 6 ^ ±,
l^ere, there; iai^^9> .fcven )fears if^sir iKc'ereiSliott
pf f(^i Frqntenai:,*^ ^rpmw^bencc it may fairly b4
argui^^v.ti^at ^heir-pot op()9J5ngl^^^^^ wprks,^' was"
^y wo meags a 9(SJrjoa;9tt|^e foundry to the French |:
and indeecf'Charrcvorx mmfeif reprefcnif ttiii^
tcr^j^s earfied on ,b^^;fraudy for, fayslie, «* undef
" ICCtc^t of. (riskiqg ^^ir advantage, the governo|;
ai4 niitHwgiij V4e\ir,.;^u<? de l^s^^nir en bride.**
. ^^ 'QX\ii{<^2XX£^%\^^^^^ to be
depended i^go^ o^^W^ '%y «^>"P &*^^ft by ^'^J?
|j'rench,wrrt!{rfs,,gB^ho^;partian^^ lesids theni to con-
fine ,^l^.Eiv.^ N«ioni;, ^9^ ^o^tri^cd limijs •;; ^?
m^y'^^d, .thatjftvifr l^ univcr|aily concur in the
<d^^pf all th^Jaad^-Jn^t jo^ to the Englifu, frpri\
^,.^^,,,;|j^j|tl^t whQl? territory betweer^
the: Outav^is Mer arid t^pUH^ arid even,
beyond' the ftreiglfiu between that and lake Erie.
This laft trap:>.^^d the lari^ on thie ftdrth fide of
th^ l^kes Ji^fie'aE^ 'Ontario, were cpntai^ed in their,
furri^ndcr to Icrjng "William in 1701 ; of vrhicb t
tpol^ notice in Its 'propel- place : ^nd d6ubtlef$ to
that, and lord Bellbn^ont's cOntell Witfi count Fron-
tenact we muii afcnb^jt, that the Tive Nations;
were, afterwards fo'particularly taken 'liotice of ir{
the treaty of Utrecht, ' ., .
.' The Britiih title to fort Frontfenac. att^Wlands
pn the north-weft fiae of Cadaracquirlver^ ^s <)f
* Mrip Bellin was engineer of the marine, afid tells as, that
Charlcvorx performed fiistravels in this country, by order oP
the French Couit ; that he was a man of attention and curiofitys*
and had a determined refolutioQ to coIIeA all poiTible intelli-
gence^ which he defign^ed to make publick. To give the,
greater credit to the Jefuit*shiftory and his own map, he adds,
that Charlevoix was never without the inftrumeiits proper foii
a voyager, •* partout la Bou/Tole a la main,'*
N 3 ' ■ late
191 THB HISTORY OF
Utebeendrawii intpqueftion byibine^ who* froirf
' iealoufy^ or otiier mbtives lequally IbainefuT, were
beot upon finding fault with every meafure planned
by general Shirley; The advocate for the French
^aim* relied much on a late niap of the middle
Biritifh Colonifss, and two pamphlets p0bli0ied by
Lewis £vans.
** The French, fays he, being in pofleffionof
^* Fort Frontcfnac, atthepeacepfR^fwick^ whic|^
** thfy attained during their war with the confe-
** . derate!!, gives ^em an undpubted title to the ac-^
** quifitipn of the liorth-Weif fide bf St» Lawren(:e
f* river, frpm thence to their fettlement at Mon*
^* trcal.* The writer add{> •• it was ppoh the
<* faith and hpnotif pf^king Willittn's promife (by
*^ the fourth atficle of the treaty of RylTwick) of
** not difturbin^ the French kih^ in the free pof*
f* fefl^on o|P thd kingdoms, counties, lands, or do-
f* minions he then enjoyed, thatIfi^d the Frencl^
** had an undoubted title tb ttidr acdutfition of the
V north* weft fide of St. LaWcenci tiyer, froin
!» Frontenac to Montreal." li^*^'
Whether the treaty ought tb be confidered,. lUf
having siny relation to this ms^ttef, is a queftioii
which I mail not tak^ upon me to determine^
The map-makef' fuppbfes it to be applicable, and.
for the prelbnt, l grant it. The Xilth article of
The i2th »rti- *^'* ^^^^y ** *" ^^—^ words : «• The moft Chrillli^n
etc of die trea- ** king mall rcftoreto the king of Great Britain, all
tjof Ryfwick. c( countries, iflands, forts, and colonies, wherefo-
«* ever fitua^ed. Which the Englifii did poflefs beforp
** the decl^rationjQf the prefent war* Apd in likp
** manner, the king of Great Britain fhall reftorp
*^ to the moft Chri^ankmg,i||i countries, iflands,
** forts, and coloniep, wherefoever fituated, which
*' the French did pol^fs before the faid declaration
*f of war." If therefore the Britifii fiibjcAs were
in poflefllon of Fort Frontenac at tli^e copimence-
meni
NEW YORK,
ment of the war, the French, who attained it dur^
ing its continuance, according to thh treaty, ought
to have furrendered it to theBri|iQi crown.
Whatever the French title X^y fort Frontenac
might have been, antecedent ,to the year i686t, iti
which theifland of Montreal was invaded t^y the
Five Nations, it is certain, that it was then aban^
doned, and that the Indians entered it, and demo-
liflied a great part of the works *• But the author
of the map amrms, ** that the Engliih did not pol^
^* fefs Frontenac before the declaration of war ter-
*^ minated by the peace of Ryfwick." To which
I reply, that the Indians accjuired a title in 1688,
either by conqueH or.dereli^ion, or both ; and
that the crown of Great Britain had aright |o.take
advantage of their acquifition, in virtue of its ib-
vereignty over the Five Cantons. That they were
our dependents, was ftrongly and often inf^^iM
upon by. g;overnor ; Pongan and Lpild Bellf^mpnt,^
and the point remained fub judice till the treaty
of Utrecht. Then a decifion was ^folemnly , made
In oqr favour, which looks back, as the-determina-
tions of all difputes do, at leaft as far as the firft
riie of the controverfy; pofterior to whi(ch,^and
prior to king William's war, his Indjian fubJe^St
obtained the pol&flion of the fort in queftion f •
Whence I think it may be fairly deduced, if we
take the treaty of Ryfwick for our rule, that Fort
. Frontenac, which was regained by the French dur^
ing ^heir war with ^s, ought to have been furren-
dered to the Britilh crown. Every publick tranf-
a6);ion 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^ andi
^ Le Fort de Catarocoay ^tdt evacu€ & ruine. Charl.
t The Five Nations entered the fort in 1688, and the wajr
agaioft fr^nce was not proclaimed till May 1689.
N 4^ • partic^-
m
m
T
THE HISTORY OF
?iartici]larly the treaty of i>cace made between tfie
ndians and the'cheyalier De Calliere«, after the
death of count Frontcnac^.
.^ The poflfeflion of anyjpirt of t^ country of
the Five Nations by the Frcwch, either before or
fince the clofe of queen Ahiie's war, cannbt pre-
judice the Britilh title, betaiife the treaty of Aix
laChapeUe, renews and -confirms that executed at
Utrecht in 17x3, and eitpfefsly ftr^ulates, that the
dominions of the contra&ins parties fhall be in the
fame condition, ** which they ought of right to
«« have been in before the late war." Commif-
faries were fdon after appdiiltied to adjiHtthe coh-
" tl'overted limits, who accordii^gly met'at Paris, and
continued the negotiation, till the French king
perfidioufly feized upon feveral parts of Nova-Sco-
tia; or Acadia, the fettlettients of the bounds of
which, was part of the very bufinefs of the com-
hiiiTaries. This ^ave rife to the prefent oper^tionii»
* Evanses map and firft pamphlet, or Analyiis, were pab-
lilked in the Aimmer 1755, and that parkin favour of t^e
French claim to Frontenac, was attacked by two papers in the
New York Mercury, in January 1756. This occafioned his
Sublication of the fecond pamphlet the next fprin^, in which
e endeavours to fiipport his map. He was a man in low cir-
cumftancesy in his temper precipitate, of violent paflions,
JEreat vanity, and rude manners. He pretended to the know-
ledge of every thin|, and yet had very little learning. By his
inquifitive turn, he filled his head with a cdnfiderable collection
of materials,- and a perfon of more judgmeot than he had,
might, for a few days, receive advantages from his converta*
tion. If e piqued himfelf much upon his two maps, which
are however juftly chargeable with many errors. His igno-
rance of language is evident^ both in them and the two paih-
tthlets of his ADalyfis, the laft of wluch is ilnfFed with ground-
efs afperfions on general Shirley, «yho def^rves fo well frdm
thefe colonies, that on that account, and to weaken the au-
thority of a map prejudicial to hirmiajefty's rights, I beg the
reader's excufe for this infraflion of the old rule, de mortuis
jiil nifi bonum. He died at New- York, June 12, 1756, un-
der an arreil for a grofs flander, uttered againft Mr. Morris*
the governor of Pennfylvania.
and-
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NEW YORK. 185
imd the longed fwdtd will determine c)ie contro-
vcrfy. ' •- ' - ' ^^ -
Brigadier Hunter was difappbirtted th' Kis ex- a ««^Jfl*«-
pedtations upon the late dilTolution, for though lyi 3. *'*
the eleftlons were very hot, and feveral new mem-
bers came in, yet the majority were in the intcreft
of the lat6 aflembly; and on the 27rh of May,
171^, chofe Mr Nicholl into the chair. The go-
vernor fpoke to them' with great plainnefs, in-
forming them, ch^t it would be in vain to endea-
vour to lodge the. money alioted for the fupport of •
gbvernment, in any other than the hands of the
'queen's officers. »' Neverthekfs (fays he) if you
are fo refolyed, you may put the country to the
expente of ii treafurer, for the cuftody of mo-
** ncy raifcd for extraordinary ufes." He added,
that he was refolved to pafs no law, till provifion
was made for the government. The members
were therefore reduced to the dilemma of paffing
a bill for that purpofe,'or breaking up immedi-
ately. They chofe the former, and the governor
gave his aflfent to that, and an excife bill on ftrong An excife oa
liquors, which continues to this day, producing """^ "^'"'"'
into the treafury about one thoufand pounds per
annum. After a (hort recefs, feveral other laws
were enaded in the fall. But the debts of the
government ilill remained unnoticed, till the fum-
mer of the year 1714. A long fefllon was then Another fenroa
almoft entirely devoted to that fingle affair. In- I'n^'J'j^^f ""'
credible were the numbers of the publick credi-
tors. New demands were every day made. Pe- Provifion for
tions-came in from all quarters, and even for debts [jj^ **pJJIf"''^
contracted before the revolution. I'heir amount debu.
was near twenty-eight thoufand pounds. To pay
this prodigious Cum, recourfe was had to the cir-
culation of bills of credit to that value. Thefe
were lodged in the hands of the province treafurer,
and
116
THE HISTORY OF
and iflbecl by him onljTt according to the dbe^
tions of the a6b*
-5jj^ofq««#» The newaof the qyecn's death arriving in the
a'mw •fl^m- enfuing fall, a diflblution enfued of courie i and
Jg^MtjriVs. a new houfe met in May, •7i5» which continued
i»ly, ir/une7 only to the aift of July, #or the governor be-
43»6. ing Do^ determined to fubdue thole whom he
could not allure, again difiblved the aflemblv. Ho
fucceeded in his defign, for though Mr. NicoU
was re-^eleded into the chair on the 9th of June,
1716, yet we plainly perceive, by the harmony
]ntroc**Ked between the ieveral branches of the le-
giflature, that the majority of the houfe were now
in the intereft of the governor.
An incooteftible evidence of their good under**
^ftanding, appeared at the feflion in autumn, 17 17*
when the governor informed them of a memorial
which had been fent home, refleding upon his ad-
miniitr^ition. The houfe immediately voted an ad-
drefs to him, which was conceived in terms of the
ucmoft refpef^, teftify ing their abhorrence of thie
memorial, as a falfe and malicious libel. It was
fuppofed to be writen by Mulford, a repreicQtative
for Sufolk county, who always oppofed the mea«
fures that were taken to preferve the friendfhip of
the Five Nations, and fooHflily projeAedafcheme
ro cut them o^. It was printed in England, and
delivered to the members at the doop of the houfe
of commons, but nrver had the author's intended
effcft.
Mesfures tatc- l^ was at this meeting, the council, on the 31ft
«n to fettle the of Odobcr, fcnt SL mcflage by Mr. Alexander, then
j)rov*nceof* dcputy fccrctary, to the houfe, defiring them ** tc^
New-York,. «« appoint propcf perfons, for running the divifion
line isecween this colony and the province of
New- Jcrfcy, his excellency being a^ured the le-
giflature of the province of New-Jcifey will bear
haif the expeficc thereof.** The aflembly had
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N B W y O It K. |ty
j& biU before them, at that time, which afterwards -^v
paded into a law, for the payment of the remaining
debts of the government, amounting to many thou-
fand pounds % in which, af^er a recital of the ge-
neral reafons, for afcertaining the limits between
NeW'York and New* Jerfey on the one fide, f|i>d
Connecticut on the other, a claufe was added, to
de^ay the expence of thofe fervices. Seven hun-
dred and fifty ounces of plate were enacted ** to be
** ilTued by warrant, under the hand and feal of tiie
** governor of this province lor the time being, by
** and with tiie &dvice and confent of his majefty'if
** council, in fuch parts and portions ^s (hall be re^
^* quifite for that fervice, when the furvey, afcer-
f* taining, and running the faid line, lihiit, and
** boundary, (ball be beeun, and carried on, by t
** the mutual confent and agreement of his excei-
f* lency and council of this province, and theprq-
H prietors of the foil of the faid province of New-
•? Jericy." According to this law, the line •* a-
** greed on by the furveyors and commiflioners of
** each colony was to be conclufive.*^ Another
fum was alfo provided by the fame claufe, for run-
ing the line between New-York and Connedicut i
and in the year, ^7^9* ^n a£t was paflled for the
fettlement of that limit, of which 1 Ihall have oc-
cafion to take notice in a fucceeding adminiftration.
■ Whether it was bjEcaule Mr. N icoll was difgufted Mr. Nicoii r«.
with the governor's prevailing intereft in the houfe, S l-pSker o?
or to his mfirm ftate of health, that hedefired, by ^he aflembij^
a letter to the general alTembly, on the i8ch of m
May^ 171 8» to be difcharged from the fpeaker's
place, is uncertain. His requeft was readily grant-
ed, and Robert Livingfton, Efq j chofen in his Jfg'^i;j£j'^^J5
ftead. The concord bet ween the^o vernor and this eVWiu^ fte^^
afiembly, was now wound up to its higheft pitch,
loftead of othf r evidences of it, I (hall lay before
the
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«S« irxm^j*^; T H E H I S T O R Y O F ~
the reader his laH: fpeech to the houiie on the ,24th of
June, I7i9t and their adidrefs in anfwer to it* « >
OorernorHun. '* Gentlemen, 1 have now fent for.you, that you
*o''h'*h*^T*f " roay be witnefs to my aflcnt to the a£fcs pafled
aieinbiy?^^ ^' ^V ^^^ general aflembly in this feflion. I hope
that what remains unfinilhed, may be perfe^ed
by to-morrow, when I intend to put a dofe to
thisfeffibn. ,
** r take this opportunity alfo to, acquaint you»
that my late uncertain Hate of health, the care
of my little family, and my private affairs,, on
** the other fide, have at laft deternliijed me, 10
*f make ufe of that licenfe of abfence, which has
** been fome time ago fo'gracioufly granted me;
** but with a firm reK>lution to return to you again^
f* if it is his majefty's pleafure that I (hould dofo :
** but if that proves otherwife, I aflTure. you that
*' whiilt I live, I Ihall be watchful and induilrious
to promote the intereft and welfare of this coun«
try, of which I think I am under the ffcronffeft
obligations, for the future, to accouiit myfelf a
country tnan.
** I look with pleal'ure on the prefent quiet and
flourifliing(tate of the people, here, whilft I re-
flect on that in which I ^ound them at. my arri-
val. As th^ very name^of party or fadlion feems
to be forgotten, may it for ever lye buried in ob-
livion, and, no ftrife ever happen amongd you,
but that laudable emulation, who (hall approve
himfeif the moft zealous fervant and moft duti-
ful iubjedt of the belt of princes, and moll uib-
ful member of a well eftablilhed and fipuri(hing
community, of which you gentlemen have given
a happy example, which I hope will be followed
by future aflfcmblies. I mention it to your hor
nour, and without^ngratitude and breach of duty
1 could do no kfs."
Colonel
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NEW V O R K. 189
Colonel Morris and the new fpeaker, were the ' ^
tauthon of the anfwer to this (beech, thoudi it was
figned by all the members. Whether Mr. Hun-
ter deferred the elogium they beftowed^upon him,
1 leave the reader to determiiie. It is certain,
that few plantation governors have the honour to
carry home with them Aich a teftimonial as this :
" Sir, when we refteft upon your paft conduit, JJJ^ffei'biJS!
*' yourjuft, mild, and tender adminiftration, it amwer to it.
** heightens the concern we have for your depar-
** ture, and makea our grief fuch as words can*
** not truly exprefs. You have governed well and
** wifely, like a prudent magiSrate, like an af-
*^ £e6tionate parent ; and wherever you go, ar.d
** whatever ftation the divine Providence (hull
f* pleafe to ailign you,our fincere defires and pray-
** ers for the happinefs of you and yours, iliall
f always attend you. ,
m •• W€ have fecn many governors, and may fe6
■* more; and as none of thofe, who had the ho-
«• nour to ferve in yourftation,*werecverfojuftly
*'. fixed in the aflfcdions of the governed, fo thofe
*f to come will acquire no mean reputation, when
^*iitcanbe fsitdot them, their condu(5t has been
•f; like yours. -/,
•* ,Wc thankfully accept the honour you do us,
** in calling yourfelf our countryman } give us
** . leave then to defirey that you will not forget this
'r as your country^ and, if you can, make halts
^^' to return to it.
.," But if the fervice of our fovereign will no^
** admit of what we dd earneftly defire, and his
** commands deny us that happinefs ; permit us
••;toaddr€fe you as our friend, and give us your
** affiftancc, when we are oppreflTed with an admi-
^Vniftration the reverfe of yours.**
..Colonel Hunter departing the province, the The MnmaM
jchicf command devolved, the 31ft of July, 1719, acZ%lTonco
if"'-^U6'i.i.i* •-.•'•-
Oil hmlSch\tylprt
If9 ^kSHrSTOltYOP
on Peter Schuyler, Efq. then the eldefl; member
of the board of council. At he had no inter-
view with theaflembly during his ihort admini*'
ftration, in which he behaved with great, modera*
tion and integrity i there if very little obfervable
in his titnct except a treaty, at Albany, with the
Indians, for confirming the ancient league i and
the tranfadliibns refpedting the partition line between
this and th<; colony of New- Jerfey: concerning the
latter of which, 1 (hall now lay before the reader
a very fummary account.
ceedingt The two p^ovincci were originally included in*
KSrie" of" *l»c grant of king Charles to the duke of York.
tb« provinces Ncw-Jcrfcy was afterwards conveyed by the duke
•Jj §;;);;." to lord Berkley and Sir George Carteret Thia
f»j* again, by a deikl of partition, was divided into^
£a(t and Weft Jerfey, the former being releaied to
Sir George Carteret, and the latter to the afligns
of lord Berkley. The line of diyifion eltendei^
from Litde Egg Harbour fo the North Partition.
Point on Delaware riv^r, a^ thus both iHbk tn&s
became concerned in the limiu of the province of
New-York. The original rights ^ lord Berkley
and Sir George Carteret, are vefted in two difierentf
£:ts, confifting each of a great number of per-
fons^ known by the general name of the proprie-
tors of Eaft and Weft Jerfey, who^ though thejr
furrendered the powers of government to queenr
Anne, in the year 1702, Itill retained their pro-
perty in the foil. Thefe were theperfons intereft-
ed againft the claim of New- York. It is agreed
on ail fides, that the deed to New- Jerfey is to be
fifft fatisfied, out of that great traA granted to the
duke, and that the remainder is the right of New-
York. The proprietors infift upon extendinjg their
northern limits to a line drawn froth the latitude
of 41° 40^ on Delaware, to thelatkude of 41% on
' Hudfon*s rhrer i and allcdge, that before the year
M £ # It o k t4
1(71, Ah latitude of 41% was reputed to beft)ur«
teen milei to the norchward or Tappan Creek*
part of thofe lands being fettled under New-Jer«
fey till 1 684* They farther conteftd. that in 1684'
or 1685^ Dongan and Lawrie (the former, go*
vemor of New- York, and the latter* of New-
Jerley) with their refpedive councils agr2ed| that
the latitude on Hudfon'a river was at the mouth
of Tappan Creek, and that a line from thence to
the lautude of 41* 46^ on Delaware Ihould be the
boundary line. In 1686, Robinfon, Wells, and
* Keith, furveyors of the thite fevcral provinces,
took two obfervations, and found the latitude of
41** to be i' and ts" ^ '^^ northward of the Yon-
ker^s mills, which is four miles and forty-five
chains to the fouthward of the mouth of Tappan
Creek. But againft thefe obfervations the pro*
grietors ofier fundry objections, which it is not my
ufinels to enumerate. It is not pretended by any
of the litigants, that a line according to the fta^
tion fettled by Dongan sknd Lawrie was adlually
run } fo that the limits of thefe contending pro-
vinces, muft long have exifted in the uncertain
conjectures of the inhabitants of both 1 and yet
the inconveniencies of this unfettled ftate, thro*
the infancy of the country, were very inconnde<M
rable. In the year 1701, an adt palTed in New-
York relating to elections, which annexed Waga*
chemeck, and great and little MiniQnk, certain
iettlements near Delaware, to U Ifter county. The'
intent of this law was to quiet difpuces before fub*
fifting between the inhabitants of thofe places^
whole votes were required both in Orange and Ul-
iter. The natural conclufion froni hence is, that the
legiflature of New- York thien deemed thofe plan-
tations not included within the' New-Jerfey grant*
* TlMfattie who left the Qaakeri, and took orders ia tte
Cburcii of England. Burnet's hiftory of bis own times.
Such
191
«9*
T HE HIS T OR y . O F
Such was the ftate of this affair .^ill the yeaf.
1717, when pro vifion was made. bv this province,
tbr' runiiing the Ite'^ Hl^^'TamcWifig done it^!
New-Jcrfey the fucceeding year, commilTpns fof^f
that purpofe under ihe great ieal»i>f therxefpcdiiVe \
colonies, were iffijc.d in May, 17 'q. 'I^exom-^
mlfllonefs, b'j^ intieniu|'e^'datea^thei25th of^i^y^
fixed fhe North 5cati6nT6int pn the'ttprtherhtiioii:
branch of Delaware, calfed, tlie' Fifti-Ktll ; ani'
frOrh thence a randQm line w^s ^riih'jtd . Htidfon*i|^
rivier, terminating ^Iiput ^v? ipilci tp the north-}
^ard of the mouth pfjfappantreeL^^ ^^-
/_• a:
guft, the furveyors <^f ' palt- jerfejr met for ifixi^ig
the ftation on H union's riveh /Al|,£he commif-j,.
fioners'not attending ^hrougjh, ficlcnefs, nothing^
fOrther was done. , What, had already; be^^^
ailed, however, %^i^A- ^ fHP^^F>^^''^ ^^ n?'^"/*
jSerfons intereftecj^ rr|jCev*cral^ patients iinder PjcW--,
York, who ttefqre , JmSjgJned thcic^ rigjits ^.xtencjc4 .
to the ibuffiwar<i.^of,^tlie randotxjj jihe,^^". The New-^
York rurveypr afterwards d<clinqd .preceding in.,
t^'e work, complainiiig of faults in t^e] ind;rump^ty ,
which had beeii ufed in fishing the North Stajl^oa,
Oh Delaware. '_ T.|ij5 proprietors, on, iSpotKer hand,;,
tjiihk they have anfwcrpd his ob^eikfc^?,, arid the^
matter reded, without much coj(v(ehiiippj; till the
year 1 740. Frequeiif (juarrcls . jiQultiply ing afjcir,
that period, relating to the rightsj^pf J^ii.and'ju'^
rifdidtiori f6uthwaf(^ of the line ih.i/igip' a'proba-'^
tionary aft was pa^edjo New-Jcrfey.'^^i^ February
17^8, for running the rineex p^jte,j|?; the pi-o^.^
virice of New. York refufed to j(jin , in^i^ic ^prk,j,
Ou^ affembly, fopn, after, direftedU^e^r '^^^nt't
oppol'e the king's confirmation of 'that., ^f^;^, and i;^
^'ais accordingly dropped, agrce.^IytPLth^e advice;
of the lords of 'tr^dc,. . whpfe repcprt^of tb^ j §|jij0fj
July, I J 5,^^ on a matter of To much' irapprtahce,
will doubtiefs be acceptable to the reader. , .:,
NEW YORK.
193
To the KING'S Moft Excellent MAJESTY.
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May itpkafey^ur Maje^^
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WE have lately had under our conlidera- a report of the
tion. an adt paflcd in your majefty's J°'„;,'ehUfubf
** province of New- Jcrfey in 1747-8, entitled. An je^. '«» J"»y»
*' ad for running and afcertaining the line of par- *''^'
** tition and diviuon betwixt this province of New.
** Jerfcy, and the province Of New- York.
•' And havine been attended by Mr. Paris, fo-
licitor in behalf of the proprietors of the eaH^ern
divilion of New-Jerfey ; with Mr. Hume Camp-
bell and Mr. Henley his counfel in fupport of
thefaida^b*, and by Mr. Charles, agent for the
province of New- York, with Mr. Forrefter and
Mr. Pratt his counsel againfl; the faid a£t \ and
heard what each party had to offer thereupon ; •
we beg leave humbly to reprefent to your ma-
jefty, that the conliderations which arife upon
this ad, are of two forts, viz. fuch as relate to
the principles upon which it is founded, and
fuch as relate to the tranfadtions and circum"
dances which accompany it.
" As to the fird, it is an aft of the province of
New-Jerfey interetted in the determination of
the limits, and in the confequential advantages
•• to arife from it.
" The province of New-Jerfey, in its diftinft
and feparate capacity, can neither make nor eda*
blifli Doundaries: it can as little prefcribe re-
gulations for deciding differences between itfelf
and other parties concerned in intered.
** The eftabli(hed limits of its jurifdidion and
territory, are fuch as the grants under which it
claims have afligned. If thofe grants are doubt-
ful, and differences arife upon the conftrudions,
O "or
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THE H^I 5, T Q R Y O F
or upon the matters pf ihctn, wehumbJy ap-
prehend thatii^ei&ktc but twb' nictKo^s of dcr
paHie^ concerned ih intcfeft^ Jir ^^^^
ahd legal fortii$ 9(f jpdiciai prb^ee^lngs i and it
appears to us, t)iat tht metlibd of dcoccedins
ttiuit be derived n;om the imniedtat^ autnpr^|^ qt
the crown itfeif, (igmficdhy ^ coip^
your majefty under the great iealitjic comiiiif-
lioQ of fubordniatie dfHicers and olf derivative pow.*
ert t)eing neither coriipetent^ndrid^^^ to fuch
purpoies : to judge dt]ficrwife Wpuja^ be^ as, we
humbly concciv(^, t6 ^t upex barte d^te^^^
tiorts arid iQCpmbet^nt iurifdi<5lj(Dns*!in Ihe^
of l^ftice an4 legal authority. ' ■ 'T ' '
' •' 'if the aft of Neiiwir.|cT^y ^ o^^
parties, it can not b^ efl^auajf to^ 'the ^^nds ^Pf<^'
poCed ; and th^t it woUtd^ not; |e efr^aOal tdTqrn^
an abfolute decinoQ jA this cafe,. j^W. le^flatur^
o^ that province fecms fenfibler wHifft'U/jM
Voiirs io leave to your naajcfty's determini|jibn»t
the decifion of one point rdatlve to this nnatter»
ahd of confiderable importance to it i which pow^
^r your majerty caondt derive froiii them, withy
dtit their having tlie^owcr to cftajbliljT the thingj^
itfeif, without the alyftapcje of your miyefty.^ ,,
*• As we are of opinion, that thcprcicnt jid^ with^,
out the concurrenceofothjer parties conic^ncR in,
intbtkft, is uri warrantable and ioj^lfiii^uaU wi;;^
fhall in the next place confider wHat^t^nfa^ipPS
and proceedings have: paflcd^ tQw^'rdis/olt^^ioing
fuch concurrence. ., ,
•* The parties ipterefted are ydui* mwe/ly apvlj |hj5,
two jirovinces of New- York aiid Ncw-Jcricyt.
Your majefty is interefted with r^fp^ii. to your
fdvcreignty, fcigncuric, and property j a|i,d thft,
faid provinces with reljpeft to theif j[f^vc|-jfimcn^,
and juriaiaion., :..;„■ .:J^ ^'^^^
yron
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N E W Y O R Ki
*« With regard to the tranfaftions on the part of
** 'New-York^ we beg leavd to obferve, th^^t what*
*« ever ag^ecit^ents have been rnade fprnierly be-
*' tWeen the'^wo provinces for fettling theif boun-
** daries 5; whatever afts of aflcnjbly Have pafled,
** and whkteyer commiflions have been iflTufcd by
*f the refpeftive governors and governments j the
*• proceedings under them have never been pep-
** fefled^ the work remains unfinifhed, and the dif-
^' putes between tke two prpvinces fubQli; with as
much ^otttradiftion as ever ; but there is a cir-
cumfia^ce that appears to us to have dill more
weight, namely, that thofe tranfadions were
never properly warranted on the part of thd
crowti • the crown neVer participated if| them^
and therefore cannot be bound with refpe^ to its
*' interefts by proceedings fo authorifed^
j; ,** The intereft which your majefty has iri the dc-
*'*. i^^rminatipn of this boundary, may be confidered
,** in three lights: either as interefts of fovereigntyi
** refpeiS^ipg mere government! of feigneurie,
** which refpedl efcheats, and quitrents ; or of proV
**, perty, as relative to the foil itfelf ; whicl;i laft
** intcr^O:, takes place in fuch cafes, where either
^* your majefty has never rjiade any grants of the
'Vfoilj or where fuch grants have by efcheats re-
** verted to your majefty,
*' With regard to the firft of thefe intereits, viz.
that of fovereignty, it has been alledged to us in
fuppore of the ad:, that it is not materially affeded
by the queftion, as both provinces are under your
ttiajefty's immediate direction and government;
but ti^yiland in a very difr<;rent light with ref-
pcft tQ your majefty's intereft in the qpitrents
** and efch^itts s in both which articles the fituu*
*' tion of the two provinces appears to us to make'
'* a very material alteration •, for although (he pro-
"^ yjncc of Ncw-Jcrfey is not under fegufations of
"^'^ O 2 ** propriety
»9S
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, ,,^ T HE H iJ T D R V 6 F
*.hwM iffafijc Md,renUrcpi its cerntbi^j and' con-
i 'J
•* are conc^ric^ m t1iis^qu<(liph > it tj|d^g evident,
:d;be in-
iinf)ine-
4d|^ie|y pais to the proprictoript^i^hit l^frovlhcc*
jf7»fi<^ he held of thenv by w&icK )iS^an^'y6ar ma-
♦• icily would be depnv^ of ybar ifefcfie^ts; and
f ^ this qjuitrents wotild pafs into bch^l' ^riik,
<« iTo obviate this obje^ion; it Ka^ t^Jilledgedi,
^f that the crown has already mad^ abliblt;(t«/j^nts
«* j^the whole terri^tpr^y that dijii^t^ilfi^ in
^1 i^ucftion. uoder the' denbmib'adort ioir ^» t^uh-
t *^ dary, and referyed'cniy trifliti^'ifaid InCdblldcr-
,^* abiequitrciHs on ^pfc grants. |put ihi|^ JWgu-
If^ ^fiient doWnot (cechtous tobe i(X>h^^
;*f, jt> admits ^5 ipt<rcU in y^r ittl« great-
♦^ ncfs or fmaijpefs ofwhichls iifeit(y"acdd^tai ;
/♦. and therefore 4oe^ 9Pt affcft tl^ feiferi<it! of the
if' qu^dion ; and w^ bc-g kavie'tb <|>6tv^' thit in
^«*^ , the cafe Qf e^^rbitant srtliits ^itn' itict^hfiderbte
W quitrenta v and Whiwccdni^dt^iV^ft^i^
^< gnably be%po^^%th^t^^^'6^ de-
p^^ceived irt fuch grants^^ i& offl|iert V^ ydiir ma-
5ijcfty*«>:ondng,cnt rjghtp^^^
f rf fvypur feignetirie: leems ratbei- to ibe^l^i^d than
,£ «5 This bting the ^afc, it afl^4W to li^, tha^
7^^' goycmpr Hunter ought hot to have ifHied his
*f comniiJSon for ru'npw^^^^ abbiire niediioQ->
*o "Pd, without having prjBvioufly received thetbyal
if dird^^^pn and in^ruc^KHi for that pur|k>fe ; aiid
>^f (hat a commifllon iiTu^ Without fuch ^thc»rity»
,, ^ Z W T O R K.
•*^^<pjijejc;pr\fickre;|, wiih rc/pcft to the inlerefls of
f* tW/^rpwn, in no other light thao as a mere nul-
•*..%;, aijid py.en With regi^a to NcKr-Yorfe, we
*jf ^(^fc^yt; iHa]^ tKe (kid cpttii^iffloiiijs qoelHon^blc,
^* ;?^, Jt d<^»'^n^^^^^ thef ^ire^iorii cS" thi^bbve-
•* '^ei><;f|i^e4 J»^> paBcdiiji 1717, which declares
.^ t^^xl^ commm ihall he grant-
t^ m under the joint authority of the governor and
^."l cpuncilof t^rproviii^e.
.^ •' B« Vtnasbinfurtfi^^ urged* thdttheerowA
5,',^a^$iice^n filled the^ tranfa£tions, either bjr
»97
.K3*9^^)fe! J?%^» beg leave to confider the cir-
m ■^ii^'m^^ ^^^^&^* that the crown, by giv-
r r Ma^#f^2 'i^ ^^ pay ing and difcharging ^ve-
*f,jr^ldeb^ &c. concluded
^•^Jj^jind^l^Hpll^tf^^^ to the fublequent
,j*:.^i;6ceeai^'|^ had iincter the commilfion iflued by
7^^yer^r Jl^ilint^r j^^ biit the view and purport
51 qfijij^ j^ 5^^ lb <ntire, and fo dif-
ed ipr the purpofe of raifing money
, [|Djgfu^ds iTo various and ibdiftin^
,^ ,/rjpm anyiQ^I^U^^ df the difputes fubfi(t;ng
%^ fntt^e iw^^prpvinc^V with refpeA to the bounda-
,|*j.ries|^j^ that w^ cannot conceive a fingte claufe in-
,*' fa )opg;^ij4>(> intricate an ad» can be a fufficient
^^^<|,i(puiif|^|p|)^ warrant the proceedings of go-
** vernor Hunter fubleqiLibht'to it, without a fpecial
•«;5aui;|i^0|;i^y, Jir^the crown for that purpofe 5 and
g^^ th<fJ^Tai,t|^i^prereafoii to be of this opinion, as
m-^^«^'^<?m *^¥ a^^> 5^n
?,*f, J?e jConMc0 to have afiented only to the levymg
"^'^ nioney'^^pr j^ £*uti^^^ which purpofe
*;*},cow<itiwbc cffcctea by any commiflidrt, but
^^^ ... > 3 ■■ •'•^from:.
ijS
T |I B <H IS T O R;{y tO F
^^; fror|i itfelf i an4 ^hewfprip can n^y.^i; he fuppofc<|
>• to havQ» there^» appcoved a q^njiflTipn from
*< another authoritjf, which was at' that tiirie al-
•* re^y iflUpd, an4cvrying in fixcci^^ioi?^ pr^ii^pug
«« to iuch alTcnt. , ,
** We further beg leave hurpbly tp rcprefcnt to
^' yonr majefty, that the jine of partition and di-
•* vjQon between your majefty's province of New-
^? York and colony of Connecticut, fjaving been
^* run and afcertainedt purfuant to the dire€liona
*• of an aft pafled* at New-York, for that pur-
•* pofc, in the year 1719, and confirmed by his
^^ late majc^y in 1723 ; the tranfaftions between
^' the faid province and colony, upon that occa-
fion, have been alledged to be fimilar to, and
urged as, a precedent, and even as an approba-
tion, of the matter now in quedion : but we are
humbly of opinion, that the two cafes are mate?
rially, an4 eJTentiaUy, diflferent. The aft palTed
in New-York^ in 1*719, for running and afcer-
taining the lines of partition and divifion betwec{\
that colony and the colony of Connefticut re-
cites, that in the Year 1683, the governor and
council of New- York, and the governor and
comnii(Soners of Connefticut, did, in council,
conclude an agreement concerning the bounda-
ries pf the two provinces ; that, in confequence
pt this agreement, commiiTioners and furveyor^
were appointed on the part of each government,
who did aftually agree, determine, and afcer?
tain, the lines of partitiorv ; marked out a cer-
tain par: of them, and fixed the point from
whence the remaining part ihould be run : that
the feveral things agreed on and done by
the faid commiflloners, were ratified by the re-
fpeftive governors ; entered on record in each
colony, in March 1700; approved and cmS:-
m<r oy order o{ king William the third, in
his;
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1 <^^ B W y O R KJ
<* h}s bHyf^odhctl) arid fi>)r his faid ritajdVy's Itt-
«* tjetto'hli^ ^vcitibr 6f INtw-York. From thisT
«* retitat it'^^pilj^ats to us, that thofe tranfadiloni
•* were not only carried oik #ith' the participacion,
«* but ccnfirtned by the ^xprefs a£t' arid auchority
** of the crown ^ and that confirmation made the
** foundation of the aft paSfed, by Ntw^YoTk,
** for fettling the boundaries between the two pro-
** vinces ; of -all which aothoiity and foundation
*'' the aft, we now lay before your majefty» ap-
** pear& to us to be entirely deftitute. ' 'i nt, w
** Upon the ^hole, as it appears to lis, thit the
a6t in queftion, cannot be efFe^ual to the ends
prc^ofed ^ i^at youir miij^fty^ inteireft th^ be
materiaHy addled by it, and that the prdtded-
ings, on which it is founded, were riot wnirranted
** in the firft inftance, by the proper authority,
** but carried on without the participation of the
«^ crowh; we cantsot think it adi^feable, to lay
** this jl<^ before your majefty^ as fit to receive
V your tbyal approbation.
199
•%
'* Which is rooft humWyfubmltted, -''^
«« Dunk Hiilifax,
•* J. Grenville,
** James Ofwald^
Whitehall,
^yi8, i7Si
** Attdfcw Stone;
t»
■^H^.
- Litt ( '■.■''
O 4
THE
,\(^r)nBr(-) -..' -^rinthKi nourn oT hib ,mif) -jiot^d
-Ic i^iv'jwof! '/ipjl A R T ' V. ^'/"i^f bn* **
side atw iifirfj^n ^f.^'o^ ^id /cl irnft .^^tdrtniil-v'Vi.//
iFf^ tbe Ttar lyzpt Jo the Commencemetttofjbt
Governor Bur-XST-ILLI AM iBURNET, Efq* took upon
S*idon^"sejt/ ^VV?^^ province, on
17, i}2o. *ifae it^tkojf^September^ 1730. The coui^cilAarDcd
-nf
Alii 3" . ^
^rt uS?^^^^^^'Whm t.M^ Clarke,
'iif'hctj
[r.,y;an Daip^
pff Tohnftoq,
gnToSr V^ T •"^*M^'^ ,^T^nofn±;*? dt'VVJ^"^'
:■■ -hit
His birth tndJiiMft Biihjct w^^ fon of tte cetebrited biihop
eharafter. trf^j^|^f,amei ijfiibf<*^l>tety Jik rttiditiibirbiit cfofe-
4te«lf flPhrzcSsland aaivity, for the gldHWliiffcW-
Hil^ M^ F^b«eft^i$E^llicc«ffion, <^(^^bb1m ms
^«1«Sy to the tedft diftant rfgtt. Hite' gbvefn^r
-i»«S ^^lifah of fenfti ^nd p^Ike tyreedihk; a Wdl
^^^^fbh^lar, fpri^tly, and'of ^l^la^ dii^fitidn.
^Beifif d^V^or^d totm bddks^ l^^l^Mned from all
Wof«' c*ei§flbsy mt(y which his jplc^fuffeabteMifli
would otherwiie have plunged him. He ftudied
ihs'fmof Ttc^^ fAm^'tQ tlf;people,
Jiad,|i)9th,ih^ ofUll^ morolencfe pt^a !i;#pi^r, was
gay and condelccnding» afifeded Jip pomp, but
''■"^u vificed
1* E W YORK.
Vifited eveiy family of it puiacion, and often di-
verted iitmjclf in free converfe with the ladies, bf
whdfi he Hgp ver]pnuchnrdmir<^. f^ gin^or,
before him, did lo mucn bufine(s in chancery
The office of chance^loi^.,was his delight. He
made a tolerable Bgure in the exercife of it, tho^
h^vwas nf^ilawyer,^ and K^d a iqible veiy unfiiii^ -^
abte for /judge, t mean iiis refolving too fpeedi-
ly, for he ufed to fay of himfelf, *» I a£l firft,
<* and think afterwards." lie fpoke however al-
ways fenfibly, and by his great reading was abje
to mak« a literary parade*««Aa to his fortune,' k
-was very inconfiderable, for he fuflfered much in
the South Sea fcheme. While in England, he had
the offite of cbmptroUer of the cuftoms at' |^- »«
don, which he reOgned to brigadier Hunto^ %s **
th^ latter, in his favour, did the government of
this and the colony of New-Jferfey. Mn Burnetts
acquaintance with that gentleman gave him a fine
opportunity, before his arriv^al, tO' obtain jood in-
telligence both of perfons and things. The bri-
gadier recommended all his Old friends to the fa-
vour of his fuccelTor, and hence we find that he
made few changes amongft th^m *, Mr. Morris,
the chief juitice, was his pHncipal confidiinti Dr.
Colden «n4jMr. Alexander, , two Scotch gentle-
inen, had,4^^' i?ext place in his e|9^m» Hk Ibew-
j^4iisrivirH<lqm in that choice, for they were both
H^eiv ,ofi Ifsiinoti^gt good morals^, and IbUd rf^rts.
.^he fornKriWas well acquainted with the aflTairs,^
:tbe province, and particularly thofe which coa-
iCSff^ed;lhf l^f^nch in Canada aod^ur Indian allies.
^IThe l#^er(>y9&bred to the law, and though no
,^9}ifif^t a^tlhehead oft hiSrprofeffion for fag^icHy
^j *^Xoloi;iel ^qhnyler and Mc< Philipfe were, indee:}, ^•
"i^oved from the council board by his reprefentatipns; and
iheir dppbfing, in coancil, the continuance of the afleihbly.
tf flier his'iu*rival^ was the cabfe of it.
;>3if!n and
VJ
aos
THE HIS TO R
y
OF
and penetration \ and i(i^f|4iC|ti#n t^^afia^
man cauld fiirpals hjupl,, 'Nor w«j| l>f» 'unacquaint-
ed icicb the afi'aii's of the publRck, paying fervcd
111 the Secretary's office, t^ beft ffhtboi lo the pro*
vtiKie, fbr inftruftjon in matters 6f government i
becaufc the fecretary enjoys a pkirali.ty if offices^
converfaht with the firft 4^rii^8 ot o^t provincial
oeconomy. Both thofe gemlemen Me* Burnet
ioon raifed to the cbuncil board, ashealfodid
it/it. Morris, junior,.Mr. Van Horn, wMedausb-
t^r he married, and Mr. Kennedy, who fucceeded
Byerly, both at the council boards and k. the office
of receiver- genera).
Of all our governors, none had fuch extenfive
and juft views of our Indian affairs, and the dan*
l^erous neighbourhood of the French, as govenior
iBurnec, in which Mr. Livingfton was hts p/inci«
pal aflTillant. His attention to thefe matters ap«
p;eared at the very commencement of his admini*,'
itration, for in his firft fpeech to the afiembly, the
very fal) after his arrival, he laboured to implant
the fame fentiments in the breafts of the n^em*^
bers>' endeavouring to alarm thetk fears^ by the
d^ily advances of the French, their pojQ^og the
main paffes, feducing our Indian allies, and ia<^4
creafing their new fettlementi in Louifania^
Chief juftice Morris, whofe infiuence was Very
rton of the af. grea| in the houfe, drew the addrefs in anfwer to
STnlCj^'**' thie governor's ipeeeh* which contaioed as pafiage
manifefting the conBdeoce tbey repofed in him^
We believe that the fon of thdt worthy prelate*
Jb tmifienj^ly inftrumental unid^r our glorious
ilinipoarch. William the. Third,, in. delivering ua
from arbitrary power, and its concomitants, po-
pery, foperftitiort,smd flavery; haiJ beeh edti-
catetl i^, and pbflefl^s, thofe pHncipl^s, that Jol' *
juilly recommended his father to the council andi
confidence of proteftant princes ^ and fucceeds
** our
Good difpofl-
mvner.
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Adit of aflcni*
NEW YORK,
** our former governor, noc only in powi^r, ^
** inclination, 16 60 us good.* ' '
Fro^ an aflt;tin1%, impfeted wit^ fuch favour-
able fc^timents^ his excellency had the ^ighe^^
reafbn, to expeft a fubmiflUve conipliance wlth^
every thing recommended to their notice. Th{9^
publick bufmefs proceeded without Ajfpicion or
jealoufy, and nothing intervened to difturb the
tranquility of the political ftate. Among the mod:
remarkable a^fls, palTed at this f^fllon, we may-bir.
reckon that, for a five years fupport ; another for
laying a duty of two per cent, prime coft, on the
importation of European goods, which was ibon
after repealed by the king *, and a third, for pro-
hibiting the fale of Indian goods to the French, a prohibJtioa
The lalt of thcfe was a favourite aft of the go-"^ '!'''*fV"!l
yernor s, and though a law very advantageous to ufe of the i»t
the province, became the fource of an unreafon- piellch! ^^*
able oppofition againfl- him, which continued thro*
his whole admin l(lrati(5n. From the conclufion of
the pe^ce of Utrecht, a great trade was carried on
between Albany and Canada, for goods faleable
among the Indians. The chiefs of the confede-^
rates, wifely forefaw its ill confequences, and com-
plained of it to the commidioncrs of indiah af-
fairs*, who wrote to Mr. Hunter, acquainting
hun
'■^ The governors refiding at New- York rendered ii nicef- Commiffionww
fary, that Tome perfons (hould be commiflioned, at'AIbany, of Indict af>
to receive intelligence from the Indians, and treat with them fairs,
upon emergencies. This eave rife to t^e office pf coaln^if-
iibners of Indian affairs, wno in generail tranfadl all ifuch mat*
ters ias iftiight be done by the goverri6r. They receive no Sa-
laries, biit^Onfiderable Aims aredepoflted in their hands 'for
occafional prefents. There are regular minutes of their trarif*
^dions from the year 1675. Thefe were in feparate ^oires,
till Mr. Alexander, who borrowed them for his peri^fal in
1751/ had theih bound up in four large volumes in folio.
Here all bur Indinn treaties are entered. The books are kept
|>y a fecretary, commifiioned in England, whofe appbiiitment
it
I
•Oi r,H f (HIS T/O R Y- O F
^J flC *hW^#(t|»f«^l<V>. Thc^ ;kw;cr was laid
p^mnr^hft; ^ifct^j^, till' the i>a^ii>g pf thisa^,
^Kich jTubWftcd the tfaders to a forfeiture of the
fl^/^qf^a fc^d,-and) the penalty of loql. (Mr, BuD-
^*s,ic^eme was tp d^aw the Indian trjide into ouf
owpj\andj9i( tp bbUfv^ the comnumicatioa of the
J^fjCf^h with our allies, which gave ihtm frequent
pppqt^iinUicf of reducing them ironv their fideli-
re i^^im4 to re»^ia ^e (;^a^hnuag^» wha became
ipt<;fCHf9d in their diffSefUon, by being the ear-
9Jiers,,biecwecn Attjany and Moati«al. Among thofe
wnowcKe more immediately prejudiced by thia
new regulation, the importers of thofe goods* froon
Europe, were the chiefs and hence the fpriog o£
iheirpppofition to the governor.
A)l ppflible arts were ufed, both here and at
hfi^v^, to preferve the good temper of the a0eni*
^y. ^igadier Hunter gave the nunillry fuch Ur^
liipui;^l|le account^ of the members, that colpne)
$f:ijpy|er« during bis prcfidcntibip, had orders fronv
Mf^. lepretary Crj|ggs, neither to diflfolve then^
fu^|f)]F» nor permit them to bediflblved; and gt
j^Q ipring fciiion, in the year 1.72 1, Mr. Burnet
i^prmed them, that his continuance of them, was.
fhocvedfngt of hjdb})( appco^cd at hpme. Hor^io ^Walpo^e, the;
*%'*JjJJ;',„^i9jtor general, who had appointed Mr, Clarke
«eauditor-ge- for hUdcputy, thought this a favourable conjunct
■eraufthere-jyj,^^ fpf procuring five per cent, out, pf the trea*
fury. But the houfe wei« aveife tp^.his applicar
il.i
is an annoal falary of loo I. nrQcIamatHM col; of tbe ^\t^
reiirfs. The commandant 'at Ofwego is genWaH^ a coipmif^
fioncr.*^ The ofRce would probably have been more advail-
tagcoas than it has been, if the ctfmmiifiohers we^o not traders.
thpmfelv0s» than which nothing is more ip;ODl]>lf it) i|ie jodg-
meiu of ,the Indians. $ir William Johnfoo U at pc^fent the.
fidb cbiitM)iinon6r, anTd' within nine months afteif>tne arrival ot!
liberal' Bi^dd^k^ cecdved lo^oool, fterliag, tii fecttt^ thei,
i>wodt tion^
^n, and oti thtt^ of JUft<f,'A%^h^f)ni'l!)^i}iMfih4
^Mrrim, wirti tlW tortfciJi' 6f Witf gbVcrtibr, ^'hif m
room of his mi»K-, ^hb i>j^ irtfirnf) t qpob 'iSvflk
fie Entered i^to k iTc<%rti2jincc of ^oooV ro Ai
Idng:, bdwe A jtidgc of the ftipWine' couffr; Ybt
the fsrkhful ifif<xution of 'hi^ truft, whidt 'Wii
lod^ in the fcicretary's oflicel The houfe; itttlib
fame time, in 'an addrcls. dcthired their wiliih^-
inei^ thac ^ treafbrer Ibodld'VccoUnt » b^t^'intedV
reftifed ca< ad^it^f any draughts upon th^^it^'t-
fury, fdr the ai^ttt}f^ general. Who Was c6n&^Kini!^
to depend entirely upon the revbnae, out df WHich
lie recerwtiU- about 200 1, per annum. ' ^^/f
' Mr. Burnet being well acq(;iainted whh the gep^
graphy of the country, wifely concluded, t^I li
^a< to the lad degree neceflary, to get the com«
mand of tht'great lake Ontario, as Well for the
iKNT^ftr of the tradd, arid th^fecurity of tkt friertd-
ih}p of the Fivel<fiitiohs, zi to fruftrate the F^ti^H
dfc/fgns, of conii'niHg tf^ Englifh colonies C6 tik^
ffdw limits, along th^ feacoa(t, by a chain of fi^n|
dn the gre^c pafles from Canada to Looii&l]iis||;
.Towards the fubverfion of this fcheme, he begjskli
the erc&ion of a trading houfe at Ofwegd,^ inth'e a trading.
icJdiinty of the Senccas, in lyli j and recditoM^>J"*j;2?1ii
^d a provlfion for the relidente of trillt^ iji^tloHfi i7u.pTn .^
araoDg them , and the OnondAgas, whith && pdf- \ fj',^ '^
ftfs the center of the Five Cantons. This fike ^ *. -
«^as remarkable' for a cbngrefs of feterai '^ovM- a consred or
ors and commiflioners, on the renewal of thean-IJ.r"o*',^;^4,
dcfit friehi^fljip* with the Indians at Albany. lVj[r, »>*nj^
Buripet.ptevajled upon them to fend a naeilTagf, ;to
threaten) 6he Eaftern Indians with a war, unHtft
they o^ncladed a peace with the Kngliih, whbinrdt
yery nitic|i hat'rdfled by their trequent iriru^tj^^i^lj
On th^ ibth, of May, in the year followingr chie
confederates were augmemwd by their reception of
■ '10 above
|«^ THE HISTORY OF ^
thovc eighty Nic^riagas, b^fides women anj
children, as they had been formerly, by the addi-
tion of the Tufcaroras. The cour^try of, the Ni-
cariagas was on the north fide of Miffiljmakinackf
but the Tufcaroras poffcfled a tradt of Und, near
the fources of James's river, in Virginia, from
whence the encroachments of the Englilh induced
them to remove, and fettle near the fouth eafl: end
of the Qneyda lake.
iinjoft cia- The ftrid union fubfifting between the fev#rdl
SrgovefJo?. branches of the legiflature, gave a handle to Mr.
' 'Biirnet*s enemies to excite a clamour againll him.
Jealoufies were induftriouQy fown in the breafls of
the people. The continuance of an afiembly, af-
ter the accefllon of a new governor, was repre-
fented as an anti-conftitutional proje(£b ; and tho*
the affairs of the pubHck were conduced with
wifdom and fpiric, many were io much impofed
upon, that a rupture between the governor and
the afiembly was thought to be abfolutely necef-
fary for the weal and fafety of the community.
But this was not the only (Iratagem of thofe who
were difafieded by the prohibition of the French
The London trade. The London merchants were induced to.
5fi^i^\?Jg pctitbn the king for an order to his governor,
«g»infttbeutc prohibiting the revival of the adlmade againft ity
Ste'Sid^ith ®' *^ paffing any new law of that tendency. The
the French. petiuOR was referred to the board of trade, and
backed .before their lordihips, with fuggeftions of
the moft notorious falfehoods. The lords of trade
prudetitly advifed, that no fuch diredlions fhould
befetit to Mr. Burnet, till he had ah opportunity
of anfwering the obje^ions againft the aft. They
were accordingly fent over to him, and he laid,
them before his council. Dr. Colden and Mr.
Alexander exerted themfclves in a memorable re-
port in anfwer to them, which drew upon them the
refentmeht of feverai merchants here,^ who had
firft
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K E W y O R t, Ks;
firfl: excited the London petition, and laid th<,
ifblifidatioh for '4 Variance between their jf;|miiiesj,
which has Waiiifefted itfelf <ih many occalTions.'
Ift juftiCe^'to-f^^. tJumet's mth^ciry, and to ihew
chic propricti^bif his meafures for obftrud'^ng the
f'rehch trade^, l<tannot refrain the republication qI
tfic council'^s report at full length.
• May it pkafe your Excellency ^ '
* r N obedience to yoiircxcetlejicy's commands, An cxceii«t
* 4. in council, the 29tli of <^«aoher, referring J^;°;jj*^*^
ofNew
tiaa.
* to US a petiti6a of feveral merchants in London, Vofkintnfw^r
* prefentcd to the king's moft excellent ff»ajciy, *° ^'*^'' ^*^"
againft renewing an ^iQi palTed in this province,
entitled, •* An adtfor encouragement of the In-
dian tr;Uie, and rendering^ it more efie^^lual to
ihe inhabitants of this province, and for pro>
hibttin^ the iejling or indian goods to ch^
** French.** * As likcwife the fcveral allegations of
* the faid merchants before the Hght honourable
* the lords of trade and. plantations, we beg le^ve
* to make the foliowingr reniarks.
'■"* la order to make qijr obfervations the more^
^ diftinA and clear, we Ihall gather together thc^
* ' fcveral affertions of the faid merchants,, both in,
* their petition, and delivered verbally before thci
* lords pf trade, as. to the fituation of this pro-
^ vincc, with refoed to the JFrench and Indian qa-^
* ItOnS} and oblerve on thetp« in the firfl: pla^e,
* they being the founcj^tioi^ on wh.ic]i all thgli;
* other allegatipps are, grounded. Afterwards we.
* Ihall lay' before your eifcellencyj what Wc thin^,
* hikdilary id, btfferve, on the other parts of the
fid^s the nations of Indians that are in^ tlic £ng-.
^*liihj4tcrcft, there are very many nations of
lins,
;;!lti
9bi
Tlfft HtS'roAY OF
*^ Indians, who are at prefent in the intereft of
^ the French, who lie between New- York and
<* the nations of Indians in the Englifli intereft.— •
*' The j^rench and their Indians would not permic
** the Englifti Indians to pafs over by their Forts."
The faid a£b '^ reftrains them (the Five Nations)
'* from a free commerce with the inhabitants or
" New- York.
** The five Indian Nations are fettled upon the
*< banks of the river St. Lawrence, dire^bly oppo-
** lite to Quebeck, two or three hundred leagues
** diftant from the neareft Britifh fettiements in
♦• New- York.
*' They (the five nations of Indians) were two
" or three hundred leagues diftant from Albany ;
*^ and that they could not come to trade with the
Englilh, but by going down the river St* Law-
rence, and from thence through a lake, which
brought them within eighteen leagues of Al-
bany."
* Theie things the merchants have thought ic
* fafe for them, and confiftent with their duty to
* his facred majefty, to- fay in his ,maje(ly's pre-
* fence, and to repeat them afterwards before the
* right honourable the lords of trade, though
* nothing can be more diredly contrary to the
* truth. For there are no nations of Indians be«
* tween New- York and the nations of Indians in
* the Englifli intereft, who are now fix in num*
* ber, by the addition of the Tufcaroras. The
* Moha^wks (called Annies * by the French) one
* of the Five Nations, live on the fouth fide of a
* branch of Hudfon's river, (not on the north fide
' as they are placed in the French mapsj and buc
* forty miles diredtly weft from Albany, and within
* the Englifh fettiements ^ fome of the Englifli
* farnfiS, upon the fame river, being thirty miles
• further
• Atonies.
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* Nation;) lie Jtikcwlk wittpot^itT^,
ext o
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an^j;i|ear;tlic
* hjeadof the Mohawki^^^^ hupdred
* miiy 'from'Albany. ''llie^y |6ndagas fce 4tK)ilt
•' one'|iundfi?ci!and' tKti'^y miles wi^ftfronpl ^Ijia^yi
* and the f lifcir'oras il^e p^ftl^ wu^
f^'dagas, Tiie Cayugas are aKout bne liiindre^ and
* fixty Miles from i/^l^ady ;'^fi^ the ScnlBcas' ''' ' -
Who lays ddWh the Five Rations under the fiame
Irdc^iibis ; ' and goods stt dailf tarried from''|^is.
province, to the Senecas, as well as tq thofe
nations that He nearer, by Water, all thd way,
eitcc|)it three miles (or in the dry feafon fi^e mUes)
where the traders carrjr over land between the
Mohawks river krid the Wood Creek, which runs
into the OneVdas Lake, Wlthbut going hear
cither St. Lawrehce rive^ or any of the lakeaf
upon which the French pafs,^ which are ihtirely
but of their \^^y.
* The heireft FreheiK forts br fettlements tp'^l-"^'
biny, Ore Chambly and Montreal, both of theai^
lying about lioirth and by eafl: from Albany, anct^
are near tWd hundred rfiilesdiftant from it. Qtfe-*
beck lifes about three hundred arid eighty rr^i
liortK-caft from! Albahy. So far is it from being
trcief, that t|ie Five N ationJf ire fltuated Upoifrihe
* bariics of the river St. Lafwrerfce, bppbfite ' to'
« Quebcck, that Albany lieS^lmoft dircftly be-
* tween Quebeck and the Five Natidns. And to fay
**that thcle Indians cannot come to trade at Al-
f' bany, btif by going down the riVer St. Law.
* fence, andiihenirttb a lake eighteen leagues from'
^ Albany fwd fiippofe they rftean lake Champlain)
* paffing by the French forts, is to the fame pur-
* pofe as if they ihould fay, that one cannot go
• De L'Iflc.
P * from'
I
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110
THE HlStOR^ OF*
from London to Briftol, but by way of Edirt*
burgh,
* Before we go on to obferve other particulars^
we beg leave further to remark, that it is fo far
from being true, that the Indians in the French
intereft, lie between New-York and our Five
Nations of Indians ; that fome of cr nations of
Indians lie between the French and the Indians*
from whence the French bring the far greatcft
quantity of their furs : for the Senacas (whom
the French call Sonontouons * ) are fituated be-
tween lake Erie and Cadaracqui lake, (called by
the French Ontario) near the greatfall of Iagara+,
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 MiflTifippi, muft likewife pafs by
the fame place,- if they go to Canada. And all
of them likewife, in their way to Canada, pafs
by our trading' place upon the Cadaracqui lake,
at the mouth of the Onondago river. The
neareft and fafeft way of carrying goodis upon
the Cadaracqui l^ke, towards Canada, being a-
long the fouth fide of that lake, (near where our
Indians are fettled, and our trade of late is fix-
ed) and not by the north fide and Cadaracqui*
or Frontinac fort, where the French are fettled.
• Now that we have reprefented to your excel-
lency, that not one word of the geography of
thefe merchants is true, upon which all their
reafoning is founded % it might feem needlefs to
trouble your excellency with any further remarks,
were it not to Ihow with what earneftnefs they
* Ifonnontouans.
t Sometimes Oniagara, Ochniagaraybatcommonly Niagara.
• arc
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"NEW YORK.
* are promoting the French intereft, to the prejvi-
^ dice of all his majefty's colonies in North Ame-
I' rica, and that they are not afhamed of aflerting
f any thing for that end, even in the royal prefence;
* Firft they fay, " That by the aapaffed in this
province, entitled, An aft for the encourage-
ment of the Indian trade. Sec, All trade what^
•* foevcr is prohibited in the ftridleft manner, and
under the fevered penalties, between the inha-
bitants of New- York government, and the
•* French of Canada.'*
• This is not truei fof only carrying goods toi
* the French, which arc proper for the Indian
* trade, is prohibited. The trade, as to other
* things, is left in the fame (late it was before that
^ aft was made, as it will appear to any perfon
* that fhali r^ad it ; and there are, yearly, large
* quantities of other goods, openly, carried to
* Canada, without any hindrance from the govern-
* mcnt of New-York. Whatever may be faid of •
> the fe verity and penalities in that aft, they are
* found infufficient- to deter fome from carrying
* goods chindeftinely to tlie French ; and the le-
* giflature of this province are convinced, that noi
^ penalties can be too fevere, to prevent a trade,
^ which puts the fafety of all hid majefty's fubjeftai
* of North America in the greateft danger.
^ Their next aflbrttoh is, ' " All the Indian goods
*^ have by this aft been raifed 25 1. to 30 1. per
t^* cent.** This is the only allegation in the whole
^ petition that there is any ground for. Never-
* thelefs, tho' the common channel of trade can-
* •rK)t be altered without fome detriment to it in the
^ beginning ; we are aflured from the cudom-houie
* books, that there has been every year, fince the
' paffing of this aft, more furs^ezported from NeWr
* York, than in the yeaif immediately before the
* PsMnst of this aft» It is not probable that the
^'^ * Pa greateft
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41*
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THE HISTORY OF
greateft difference between the exportation, ant
year before this aft, and any year fince, could io
much alter the price of beaver, as it is found to
be this laft year. Beaver is carried to Britain from
other parts befides New-York, and it is certain
that the price of beaver is not fo much altered
here by the quantity in our marker, as by the de-
mand for it in Britain. But as we cannot be fo
well informed here, what occafions beaver to bt
in greater demand in Britain, we muft leave that
to be enruired after in England. However, vib
are fully fatisBed that it will b*^ found to be for
very different reafons from wliat the merchants
alledge. •
* The merchants go on and fay, " whereas, on
the other hand, this branch of the New- York
trade, by the difcouragements brought upon it
by this ad, is almoft wholly engrofled by the
French, who have already by this a£b, been en-
couraged, to fend proper European goorls to Ca-
nada, to carry on this trade, io that fhould this
aA be continued, the New- York trade,, which is
very confiderable, mult be wholly loft to us, and
center in the French.— Though New- York
fhould not furnifh them, the French would find
another way to be fupplied therewith, either
from fome other of his majefty's plantations^ or
it might be directly from Europe.— Many of
the goods, which the Indians want, being as
eafy to be had diredly from France or Holland»
as from Great-Britain."
* This is eafily anfwered, by informing your
excellency, that the principal of the goods pro-
per for the Indian market, are only of the ma-
nufadures of Great-Britain, or of the Britifh
plantations, viz. Strouds, or ftroud-waters, and
other woollens, and rum. — The French muft
be obliged to l^uy all their woollens (the ftrouds
:. 'i * cfpcciatljr)
N E W V O R ir.
efpedally) in England, and thence carry them to
France, in order to their tranfportation to Canada.
* The voyage to Qiiebeck, through the bay of
St. Lawrence, is well known to be the moft
dangerous of any in the world, and only prafti-
cable in the fumnjer months* The French have
no commodities in Canada, by reafon of the
cold and barren nefs of the foil, proper for the
Weft-India markets ; and therefore have no rum
but by veiTels from France, that touch at therr
iflands in the Weft-Indies. New- York has, by
reafon of its fituation, both as to the iea and thfe
Indians, every way the advantage of Canada.
The New- York veflels make always two voyages
in a year from England, one in fummer, and
another in winter, and feveral voyages in a year
to the Weft-Indies. It is manifeft, therefore,
that it is not in the power of the French to im-
port any goods near fo cheap, to Canadai, &$
they are imported to New- York.
* But to put this out of all controverfy, we nee^d
only obferve to your excellency, that ftrouds
(without which no confiderabJe trade can be car-
ried on with the Indians) are fold at Albany for
lol. a-piece : they were fold at Montreal, before
this a^ took place, at 13 1. as. 6d. and now
they are fold there for 25 1. ind upwards -, which
is an evident proof (that the French have not in
thefe four years time during the continuance of
this z&) found out any other way to fupply
themfelves with ftrouds i and likewife that they
cannot trade without them, feeing they buy them,
at io extravagant a price.
* It likewife appears, that none of the neigh-
bouring colonies have been able to fupply the.
French with thele goods, and thofe that know,
the geography of the country, know is is im-.
praSicable to do it at aay tolerable race, because
P 3 * thej
Uti
•14
THE HISTORY OF
« they muft carry their goods ten times further by
* land than we need to do.
< We are likewile aflured, that the merchants
* of MontreaUately told Mr. Vaudreuil, their go-
< vernor^ that if the trade from Albany be not by
^ fomc mean or other encouraged, they muft aban-
* don that fettlement. We have reafon therefore
' to fufpe^t, 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 pre-
* fent defigns of this government, feeing they are
* more afraid of the confequences of this trade
* between New- York and the Indians, than of all
* the warlike expeditions that ever were attempted
* againit Canada.
• But to return to the petitioners* " They
4* conceit nothing can tend more to the with-
*' drawing the aSedtiOns of the Five Nations of
** Indians from the Englifh intereft, than the con^
** tinuance of the faid a6t, which in its effeds re*
** ftrains them from a free commerce with the in-
*' habitants of New- York, and may too probably
eftrange them from the Englifli intereft i wherew
as by a freedom of commerce, and an encou-
raged intercourfe of trade with jthe French and
their Indians, the Engliih intereft might, in
time, be greatly improved and ftrengthened.'*
* It feems to us a ilrange argument to fay, that
an ad, the whole purport of which ,is to encou-
rage our own people to go among the Indians,
and to draw the far Indians through our Indian
country to Albany (and which has truly pro-
duced thefe eflfeds) would, on the contrary,
reftrain them from a free commerce with the in-
habitants of New-York, and may too probably
eftrangs them from the Engliih intereft ; and
therefore that it would be much wifer in us to
' make
•C(
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NEW YORK.
* make ufe of the French, to promote the Eng-
* li(h intereft ; and for which end, we ought to
* encourage 9 free intercourfe between them and
* our Indians. The reverfe of this is exaAly
' true, in the opinion jf our Five Nations ; who
* in ail their pubiicic treaties with this govern-
* ment, have reprefcnted againft this trade, as
' the building the French forts with Englifli
* ftrouds i that the encouraging a freedom of com-
* merce with our Indians, and the Indians round
* them, who muft pafs through their country to
* Albany, would certainly increafe both the £ng-
* lifh intereft and theirs, among all the nations to
* the well ward of them ; and that the carrying the
^ Indian market to Montreal in Canada, draws all
* the far Indians thither.
* The laft thing we have to take notice, is what
* the merchants aflferted before the lords of trade,
* viz. " That there has not been half the quan- ,
** tity of European goods exported fince the paf-
•* ling of this ad, that ufed to be."-*' We arc well
* alTured, that this is no better grounded than the
* above fadts they affert with the fame pofitivenefs.
* For it is well known, almoft to every perfon in
* New York, that there has not been a lefs, but
* rather a greater, quantity of European goods
* imported into this place, fince the pafi^ng of this
' a6b, than was at any time before it, in the fame
< fpaceof time. As this appears by the mani--
* fefts in the cuftom houfe here, the fame may
^ like wife be eafily proved by the cuftonx- houfe
* books in London.
* As all the arguments of the merchants rum
« upon the ill effeds this aft has had upon, the
* trade and the minds of the Indians^ every one
* of which we have (hewn to be afierted, without-
* the lead foundation to fupport them i there no-
* thing now remains, but to (hew the good ef-
P 4 • fea.a
a>>
>»4
THE HISTORY OP
< fciSls this ad): has produced, which are fo noto-
* rious in this province, that we know not one
* perfon that now opens his mouth againft the adt.
* Before this a6t pafled, none of the people of
*■ this province traveled into the Indian countriei
' to trade. We have now above forty young
* men, who have been feveral times as far as the
* lakes a trading, and thereby become well ac-
* quainted not only with the trade of. the Indians,
* but likcvvife with their manners and languages i
* and thofe have returned with fuch large quanti-
* ties of furs, that greater numbers are relblved
* to follow their example ; fo that we have good
* reafon to hope, that in a little time the Englilh
* will draw the whole Indian trade of the inland
* countries to Albany, and into the country of the
' Five Nations. This government has built ^
* publick trading- houfe upon Cataracqui lake, at
* Irondequat, in the Sennecas land, and another
* is to be built, next fpring, at the .mouth of the
* Onondagas river. All the far Indians pafs by
* thefe places, in their way to Canada j and they
* are not above half fo far from the Englilh fettle-
* ments, as they are from the French.
* So far it is from being true what the merchants
* fay, •• That the French forts interrupt allcoiii-
*' municfiition between the Indians and the Eng-
*' lilh i" that if thefe places be well fUpported, as
* they eafily can be from our fettlements, in cafe
* of a rupture with the French, it will be in the
* power of this province, to intercept the greateft
* part of the trade between. Canada and the Indj-
* ans round the lakes and the branches of the
' MifTifippi.— Since this a£t pafled, many nations
* have come to Albany to trade ; and peace and
* friendlhip, whofe nan es had not ib much as i3een
* heard of among us. — In the beginning of May,
I 1723, a nation of Indians came to Albany fing-
' • ing
NEW V O R K.
{ng and dancing, with their calumets before
them, as they always do when they come to any
place where ihcy have not been before. We do
not find that the commifTioners of Indian af-
fairs, were able to inform themfelves what na-
tion 'his was.
• 1 owards the end of the fame month, eighty
men, befides the women and children, came to
Albnny in the fame manner. Thefe had one of
our Five Nations with them for an interpreter,
by whom they informed the commiflioners, that
they were of a great nation, called Nehkereages,
confiding of fix cadles and tribes ; and that they
lived near a place called by the French, Mifll-
makinah, between the upper lake and the lake
of the Hurons. Thefe Indians not only defired
a free commerce, but likewife to enter into a
ilridb league of friendship with us and our Six
Nations, that they might be accounted the fe-
venth nation in the league, and being received
accordingly, they left their calumet, as a pledge
of their fidelity. — In June another nation arrived,
but from what part of the continent we have noc
learned.
' In July the Twightwies arrived, and brought
an Indian interpreter of our nations with them,
who told, that they were called by the French,
Mtamies, and that they live upon one of the
branches of the river MiQifippi. — At the fame
time fome of the Tahfagrondie Indians, who
live between lake Erie and the lake Hurons,
near a French fettlement, did come and renew
their league with the Englilh, nor durft the
French hmder them. — In July this year, another
nation came, whofe fituation and name we knoy
not i and in Auguft and September, feveral par-
ties of the fame Indians that had been here lait
year : but the greateft numbers of thefe far In-
* dians
•»T
«Jt
THE HISTORY (DP
^ dians have been met this year in the Indian couht
* try by our traders, every one of them endea-
* vouring to get before another, in order to reap
' the proBts of fo advantageous a trade, which
* has all this fummer long, kept about forty traders
* conftantly employed, in going between our trad-
* ing-places, in our Indian country, and Albany,
* All thefe nations of I.ndians, who came to
< Albany, faid, that the French had told them
* many (Irange (lories of the Englifli, and did
*.what they could to hinder their coming to Al-
* bany, but that they had refolved to break thro*
* by lorce. The difference on this fcore between
* the Tahfagrondie Indians and the French (who
* have a fort and fettlement there, called by them
* Le Droit) rofe to that height this fummer, that
* Mr. Tonti, who commanded there, thought it
* proper to retire, and return to Canada with many
^ of his men. >
* We are, for thefe reafons, well afTured, that
^ this year there will be more beaver exported for
f Great-Britain, than ever was from this province
f in one year ; and that if the cuftom-houfe books
^ at London be looked into, it will be found, that
^ there will be a far greater quantity of goods for
* the Indians (ftrouds efpecially) fent over next
^ ipring, 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
4 goods, than ever was done at any one time before.
* Thefe matters ef h6t prove, beyond contra-
^ di<5tion, that this z6t has been of the greatell:
* fervice to New -York, in making us acquainted
* with many nations of Indians, formerly entirely
* unknown, and ftrangers to us ; withdrawing
* them from their depcndance upon the French,
*v and in uniting them to us and our Indians, by
*i means of trade and mutual offices of friendflitp. '
.' —Of
.-^v
N B W YORK,
^ -—Of what great confequence this may beta the
f Britilh intereft in general, as to trade, is appa-
* rent to any body. It is no lefs apparent like'
* wife, that it is or the greateft confequence to the
* fafety of all the Britifn cplonies in North Ame-r
f rica. We feel, too fenfibly, the ill effeds of
* the French intereft in the prcfcnt war betwixt
^ NeW'Hngland, and only one nation of Indian^
* fupporteq by the French. Of what difmal con-
* fequences then might it be, if the French (hould
* be able to influence, in the fanv manner, fo
* many an^ fuch numerous nations, as lie to the
* weftward of this province, Pennfylvania and
* Maryland ? On the other hand, if all thefe na«
f tions (who aflfert their own freedom, and declare
* themfelves friends to thofe that fupply them bed
' with what they want) be brought to have a de-
* pendance upon the JEnglilh (as we have good
* reafon to hope in a Ihort time they will) the
* French of Canada, in cafe of a war, muft be at
* the mercy of the Englilh.
* To thefe advantages mufl be added, that ma-
f ny of our young men having been induced by
* this id: to travcl'among the Indians, they learn
f their manners, their languages^ and the fituation
* of all their coqntries, and become inured to all
* manner of fatigues and hardlkips } and a great
* many more being refolved to follow their exam«
* pie, thefe young men, in cafe of war with the
* Indians, will be of ten times the fervice, that
* the fame number of the common militia can be
* of.— The cffefts of this aft have likewlfe fo
* much quieted the minds of the people, with re-
* fpeft to the fecurity of the frontiers, that our
f fcttlements are now extended above thirty miles
* further wefl: towards the Indian countries, than
* tliey were before it paffed.
PI9
StO
TtlEHISTORYOP
* The only thing that now remains to aniV^i^
is an objection which we fuppofe (nay be made^
What can induce the merchants of London to
petition againft an a£b, which will be really fo
much for their interelt in the end ? The reafon
is, in all probability, becaufe they only confider
their prefent gain -, and that they are not at all
concerned for the fafety of this country, in en-
couraging the moft neccflTary undertaking, if
they apprehend their profit for two or three years
may be leflened by it. This inclination of the
merchants has been fo notorious, that fi^w na-
tions, at war with their neighbours, have beeb
able to reftrain them from fupplying their ene-
mies with ammunition and arms. The count
D'liftrade, in his letters in 1638, fays, that when
the Dutch were bcfieging Antwerp, one Bciland*
who had loiaded four fly-boats with arms and
powder for Antwerp, being taken up by the
prince of Orange's orde^, and exammed at Am-
ilerdam, f^id boldly, that the burghers of Am-
flerdam had a right to trade every where : that
he could name a hundred tbat were factors foir
the merchants at Antwerp, and that he was one.
That trade cannot be interrupted, and that for
his part he was very free to own, that if to get
any thing by trade it was neceffary to pafs thro*
Hell, he would venture to burn his fails."
When this principle, fb common to merchants^
is confidered, and that fome in this place have
got eftates by trading many years to Canada, ic
is not to be wondered, that they have adted as
factors for Canada in this affair, and that they
have tranfmitted fuch accounts to their corres-
pondents in London, as are confiflent with the
trufl repoied in them by the merchants of Canada.
* In the ia(V place, we are humbly of opinion^
that it may be proper to print the petition of
N E W
V O R K.
121
* the merchants of London, and their allegations
* before the lords of trade, together with the an«
* fwers yoqr committee has made hitherto, in vin-
* dication of the legiflature of this province, of
< which we have the ^onour to be a part, if your
* excellency ihall approve of our anfwers ; that
* what we have faid may be expofed to the exami-
* nation of every one in this place, where the
* truth of the matters of fad is bed known, and
* that the correfpondents of thefe merchants may
* have the moft publick notice to reply, if they
* (hall think it proper, or to difown, in a publick
* manner, that they are the authors of fuch ground«>
* lels informations. All which i$ unanimoudy and
' humbly fubmitted by
•Your Excellency's
* Moft obedient humble Servants^
<4.
* R, Walter,
* Rip Van Dam,
* John Barbari ^j
* Fr. Harrifon,
* Cadwallader Colden>
* James Alexander,
* Abraham Van Home.*,
Governor Burnet tranfmitted this report to th.e
Jboard of trade, and it had the intended effed.
About the latter end of the year 1724, an unfor-
tunate difpute commenced in the French church,
of which, becaufe it had no fmall influence on the
publick affairs of the government, I fhail lay be-
fore the reader a (hort account.
The perfecutions in France, which enfued upon a difptte h
the revocation of the edift of Nantz, drove the JJotrSn?
proteftant fubjeds of Louis XIV. into the ter-eh"rch«tNew^
ritories of other princes. Many of them fled i„g the rS""'
even into this province ; the molt opulent fettled "owi. «* <>"•
}n the city or New- York, others went into the LJlT'"*"***
jCpui^rv and planted New Rochelle, and a tew feat-
Mat
THE HISTORY OF
^d them'^lves at the New Paltz in Ulftcr count j*,
I'hofe who relided in New York foon ercfted ^
thurch, upon the principles and model of that iti
Geneva *, and by their growth and foreign accef-
fions, formed a congregation, for numbers and
tiches, fuperior to all but the Dutch. They had
two minifters ; Rou» the firft called, was a man
6f learning, but proud, pleafurable, and pafiton-
ate. Moulin^ars, his colleague, was moft diftin-
gui(bed for his pacifick fpirit, dull parts, and un-
blameable lifb and converfation. Rou defpifed hi^
fellow labourer, and for a long time commanded
the whole congregation, by the fuperiority of his
talents for the pulpit. The other, impatient of
Repeated affronts and open cohtetnpt, r?.ifed a par-
ty in his favour, and this year fucce^ded in the
eledlion of a fet of elders, difpoled to humble the
delinquent. Rou being fufpicious of the defign,'
refofed to acknowledge them duly cleded, In-
Cenfed at this conduft, they entered an a6b in their
minutes, difmifllng him from the paftoral charge
of the church, and procured a ratification of the
a6l under the hands of the majority of thepeople«
Governor Burnet had, long before this time, ad*
mltted Rou intq his familiarity, on the fcore of his
learning ; and that confideration encouraged a pe-
tition to him, from Rou's adherents, complaining
againft the elders. The matter was then referred
to I* committee of the council, who advifcd that
the congregation (hould be admonifhed, to bring
their diflferences to an amicable conclulion. Some
overtures, to that end, were attempted ; and the
ciders offered to fubmit the controverfy to the
Dutch minifters. But Rou, v?ho knew that th^
French church, in this country, without a fynod
was unorganized, and could not reftrain him, chofe
rather to brin^ his bill in chancery before the go^
vernor^
^ E ' W, Y 6 R t
Mr. Alexander was his council, and Mr. SmitH^
* a young lawyer, of the firft reputation as a
fpeaker^ appeared for the elders^ He pleaded to
the jurifdidipn of the court, infiftin^, that the
matter was entirely ecclefiaftical, and, in the pro-
fecution of his argument, entered largely into an
examination of the government of the proteftant
churches in France. According to which, he
fliewed that the confiftory were the proper judges
of the point in difpute, in the firft inftance ; and
that from thence an appeal lay to a collogue, nexc
to a provincial, and laft of all to a national fynod.
Mr. Burnet neverthelefs over-ruled the plea, and
the defendants, being fearful of a decree, that
might expofe their own eftates to the payment of
Rou*s falary, thought it advifeable to drop their
debates, reinftate the minifler, and leaye the church.
All thofe whooppofed Rou were difobliged with
*^e governor; among thefe Mr. De Lancey was,
t mod confiderable for his wealth and popu-
^•^r nfluence. He was very rigid in his religious
profefTion, one of the firft builders, and by far the
mod generous benefador, of the French church,
end therefore left it with the utmoft reludance,
Mr. Btirnet, before this time, had confidered him
AS his enemy, becaufe he had oppofed the prohi*
bition of the French trade; and this led him ihta
a ftep, which, as it was a perfonal indignity, Mr.
De Lancey could never recolleft without refcnt*
meht. This gentleman was returned for the city
of New- York, in the room of a deceafed member,
at the meeting of the aflembly in September 1725.
Wlien he offered himfelf for the oaths, Mr. Buri*
|iet aiked him how he became a fubjedl of thQ
t»3
. * Thefe gentlemen came into the colony in the fame fhip
in 171 ;• The latter was born at Newport Pagnel in Buck-
inghamfliire. They were among the principal agents in ths
jpoliti^ai firuggles during the adminiltration of colonel Cofby.
crown?
«t4 THE HISTORY OF
^rown ? he anfwered, that he was denized in EngP
land, and his otcellency difmifled him, taking
time to confider the matter. Mr. De Lancey then
laid before the Houfe an a<5t of a notary publickii
certifying that he was named in a patent of Denir
zation, granted in the reign of James the fecond^
V — /V patent of the fame kind, under the great feal
of this province, ill 1686— -And two, certificates,
one of his having taken the oath of allegiance, ac-
cording to an a£b paiTed here in 1683, and another
of his ferving in feveral former aflemblies. The
governor, in the mean time^ confulted the chie^
juflice, and transmitted his opinion * to the Houle^
' ' who refolved in favour of Mr. De Lancey. Seve-
ral other new reprefentatives came in, at this feflion,
upon thd deceafe of the old members ; and Adolph
Philipfe, who was fome tinie before difipifTed from
the council board, was eleded into the fpeaker*s
chair, in the abfence of Mr. Livingfton. I'he
majority, however, continued in the intereft ot
the governor ; and cohfented to the revival of the
ieveral ads, which had been pafled for prohibiting
the French trade ; which, in fpite oif all the re-
ftraints laid upon it, was clandeftinely carried oii
increafeof the by the people of Albany. Ofwego, neverthelefs,
efiegof'" g"*^^ corifiderable for its commerce: fifty-feven
canoes went there this fummer, and returned with
^ven hundred and thirty-eight. packs cf beaver
^nd deer fkins.
Nothing could more naturally excite the jealoufy'
of the French, than the ere6tion of the new tra-
ding houfe at the mouth of the Ohandaga river.
Fearful of tdfing a profitable trade, which thcf
• What colonel Morris's opinion was, I have not been abli
to difcover. Governor Burnet's conduct was thought to, be
Anconflitutionaly and an invafion of the rights of the aiTem*
biy, who claim the exclnfive privilege of det<?rnlining the c[usU
1 ^cations of their own members.
'■w
%
itad alinoft catircly cngfbffcd, and the commaifd"
of the lake Ontario, thev launched two veflcls in
it in 1 726, and tranfported materials, for building a
large ftorehoufcjand repairing the fort at Niagara. The French ,.
The fchcme was not only to fecure to themlclves "?'♦'.'" '^lefort
the entrance into the weft end of the lake, as they "^"^"*'
^ilFeady had the caft, by the fraudulent eredlion of
fort Frohtenac, hiany years before; but alfo to
c^rry their tr^de moi"6 wcftefly, and thus render
Ofwego ufelefs, by fhortening the travels of the
Weftern Indian^, near two hundred miles, , Baron
Pe Longucil, who had the chief command in
Canada, ori the death of the marquis de Vaur
dreuil in oftober 1725, was fo intent upon this
Jjrojeft, that he went, in perfon, to the Onondago
canton, for leave to raife the ftore-houfe at Nia-
gara : and'as thofe Indians were moft of all expo- ^
fed to the intrigues of the jefuits, who conftantly
rcfided amongft them; he prevailed upon them
by fraud, arid falfe reprefentations, to confent to
if, for their proteftion againft the Englifli, But.
as foon as this matter was made known to the other
nations, they declared the permiffion granted by
the Onondagas to be abfolutely void j and fent
deputies to Niagara, with a mefTage, fignifying
that the country in which. they were at work, be-
longed folely to the Sennecas ; and required them The rive Ns.'
imhiediately to dtlift. The French, notwithlland- t'on» require *
irtg, were regardlefs of the embaflage, and puflied '^'"^ '° '*'^»«-
on thVir entferprife with all poflible difpatch, while
Joncaire exerted all his addrefs among the Indians, intrigues of
to prevent the demolition of the works. Canada Mr. joncaire
was very much -indebted to the inceflant intrigues [iJemTrom de-'
of this man. He had been adopted by the Sen- moihiiins uV
necas, and was well efteemed by the Onondagas. ^°"^'
He fpoke the Indian language as Charlevoix in-
forms us, " avec la plus fublime eloquence Iro-
quoife," and had lived amongft them, after their
Q" manner,'
C(
I
,a5. T H E ^,1%T O R Y O P
maoner, from the beginning of queen Anne's
reigoi AU thcfe advantages he improved for the
intcreft of his country i hp facilitated the miffiona-
rics in their progrefs thrpugh tlie cantons, and
more than any man contrib|Uted to render ihcir de-
pendence upon the Englifh, weak and precarioufi.
Convinced of this, colonel Schujj ler urged the In-
dians, at his treaty with them, in 17 19, to drive
Joncaire but of their country,^ bu: his endeavours
were fruitlefs *.
.The jefuit Charlevoix does honour to Mr^. Bur-
net, in declaring that he left no fione unturned,
to defeat the French defigns ^t Niagara. Nor is
it much to be wondered at. For befides fupplanD-
iog his favourite trade at Ofwego, it tended to the
defc£tion of the Five Nations j and in ca^e of a
*' rupture, expofed the frontiers of our fouthern colo-
nies to the ravages of the French and their allies.
Mr. Burnet, upon whom thefe confiderations made
the deepeft impreflfion, laid the matter before the
houfe, ' remonftrated againft the proceedings to
Longuiel in Canada, wrote' to the minidry in Eng-
land, who complained of them to the French court,
A conference aild met the Confederates at Albany, endeavour-
with the Five j^g jq cottvince them of the danger they them-
NationsatAl- - P u i. • r r • • l* '
bany. lelves would be in, from an afpinng, ambitious,
neighbour. He fpoke firfl: about the afFii^ir prii*
vately to the Sachems, and afterwards, in the pub-
lick conference, informed them of all the incroach*
ments which the French had made upon their
fathers, and the ill ufage they had met with, ac-
cording to La Potherie's account, publiihed wi,thi
the privilege of the French king, at Paris, m
' * The fame thing has fince been frequently laboured, but
to no purpofe. His Ton continued the courfe of intrigues be>
gun b^ the father, till general Shirley, while he was at Of*
wego in 1755, prevailed upon the Senaeca» to ol^der him to
Canada*
¥
, N £ W YORK..
'^yiii' He then reminded them of the kind treat-
xnent they had received from the Englifh, who
Conftantly fed and cloathed them, and never at-
tempted any a£t of hoftilities to their prejudice^
This fpeech , was extremely well drawn, the
thoughts being conceived in ftrong figures, parti-
cularly exprefHve and agreeable to the Indians,
^he governor required an explicit declaration of
their fentimehts^ concerning the French tranfac-
iibns at Nia^ ira. -d their anfwer vfl"» truly cate-
gorical. *' .Ve (y-.k now in the nu .^c of all the
V Six Nations, and come to you howling. This
** is the reafon why we howl, that the governor
** of Canada incroaches on our land and builds
" thereon." After which they intreated him to
write to the king for fuccour. Mr. Burnet em-
braced this favourable opportunity to procure
frotn them a deed, furrendering their country to
his majefty,^ to be protedled for their ufe, and
confirming their grant in 1701, concerning which
there was only an entry in the books of the fecre-
iiry for Indian aHTairs *. It happened very un-
ifbrtunately, that his excellency's hands were then
^ore weaicened than ever, by the growing diiaf-
fe£tioh in the houfe. The intrigues of his adver-
saries, and the frequent deaths of the members*
had introduced fuch a change in theafiembly, that
it was vi'ith difHcuIty he procured a three years
^'i
1^
, ^. * Befides the territories at the weft en4 of lake Erie, and on;
the north fide of that, and the lake Ontario, which werecededj
i^n 1701 ; the Indians now granted, for the fame purpofe, all
their habitations from Ofwego to Cayahoga river, which dif-
embogues into lake Erie, and the country extending fixty,
miles from the fouthermoft banks, of thofe lakes. Though the
$rft furrender, through negligence, was npt made by the e xe<*
cution of a formal deed under feal ; yet as it was tranfadled.
with m the folemnity of a treaty, and as the fecond furrender,
confirms the firft, no intermediate pofieflion by the French
can prejudice the Britiih title derived by the ceffion in 1701.
(^ 2
fupport;
S28 THE HISTORY OF
The aiTemb'.y fupport. The clamouFs of thc people ran (6 high
!\nofh1rUdlf- without dooFs foF z new elcftion, that he ival
foivfid by thc obliged to diflblvc th^ houfe, and foon after an-
'othei diflblution enfucd on thd death of the king.
(loTernor'cur- The French, in the meantime, completed their
fort a't'ciwcgo works at Niagara, and Mr. Burnet, who was unable
iuiji-y. to do any thing elfe, ereded a fort, in 1727, for
the proieftion of the poft and trade at Ofwego.
This neceflary undertaking was pregnant with the
mod important conf^quences, not on>ly to this,
but all our colonies ; and though the governor's
fcalbnable adivity, deferved the higheft tcftimo-
nlals of our gratitude^ I am afhamed to confefs,
, what I am bound to relate, that he built the fort
at his private expence, and that a balance of about
^6 1. principal, though frequently demanded, re-
muns due to his eitate to this very day.
Beauharnois, the governor of Canada, who fu-
perfcded Longuiel, was fo incenfed at the build-
ing of the fort, that he fent a written fummons, in
July, to the officer pofted there, to abandon it;
and though his predecefTor had done the fame, a
little before, at Niagara, in the county of the Sen-
necas, the acknowledged fubjedts of the Britifti
crown*, yet, with a Angular effrontery, he dif-
patched De la ChaHaigne, a man of parts, and
governor
•
• Though the fovcreignty over the Five Nations was ceded
to Great Britain, and Charlevoix himfelf had acknowledged'
that Niagara was part of their country, yet the pious jefuic
applauds the Frsncn fettlement there, which was fo manifeft
an ihfraftion of the treaty of Utrecht. The Marquis DeNon* '
ville, in his letter to the court of France in 1606, propofed
the eredtion of a fort there, to fecure the communication jvith
the l^kes, and deprive us of a trade which he computed to be
worth 40,000 Francs per annum. Charlevoix, perhaps, con-
fid^Tcd thefe advantages fufficient to juftify the violation of
pubiick faith ; reafoning upon the principle^ of Le Chevalier
de Ca!lier<;, who thought the legality of making a conqueft of
New York, during the ftritft peace in James lid's reign, might
be inferred from the benefit, that would, thereby, accrue to
thO'
be
NEW YORK. «*^
governor of Trois Rivieres, to New- York, with
the ftrongefl: complaints to Mr. Burnet upon that
head. His excellency fent hini a police, but refo-
lute anfwer, on the 8th of Auguft; in which he
refuted the arguments urged by the French gover-
nor general; and remonftrated againft the pro-
ceedings, of the laft year, at Niagara.
The new a0*embly met in September, 1727, and a new aflLm-
confifted of members all ill afFcdled to the go- J'^J;^^"^*-'-
vernor. The long continuance of the laft, the
clamours which were excited by feveral late im-
portant decrees in chancery, the affair of the French
church, and efpecialiy the prohibiting the Canada
trade, were the caufes to which the lofs of his in-
lereft is to be afcribed. Mr. Philipfe, the fpeaker,
V^s piqued at a decree in chancery againft himfclf,
which very muchaffedled hiseftate; no wonc it then
that the members, who were very much influenced
^y him, came, on the 25th of November, into the
following resolutions. Colonel Hicks, from the Refoiuf
fion« a-
Qoinmittce of grievances, reported, " That as c""* the court
*' well by the complaints of feveral people, as by "^ *='**"=^'^>'
•* the general cry of his majefty*s fubjefts inhabi-
•* ting this colony, they find that the court of chan-
" eery, as lately aflumed to be fet up here, ren-
•' ders the liberties and propertifis of the faid fub-
" jedts extremely precarious ; and that by the vio-
" lent nieafures taken in, and allowed by it, fome
*' have been ruined, others obliged to abandon
the colony, and many reftrained in it, either by
imprifonment or by exceffive bail exa(5ted from
" them not to depart, even when no manner of
•' fuits are depending againft them : and thire-
^* fore are of opinion, that the extraordinary pro-
the French colony. ** que il n*y avoit point. d'autre voye poqr
*f confervet la Colonie, que de nous rendre niaitro" de H
** JNTouyelle York j & que cette conquete etoit legitime par la
•• necefliie.'*
«
cc
Q3
ceedings
M
THE HISTORY OF
** ceedings of that court, and the exorbitant fees
and charges, countenanced to be exacted by the
officers and pradlitioners thereof, are the great*
ell grievance and oppreflion this colony hath
ever felt : and that for removing the fatal con-
fequences thereof, they had come to feveral re-
folutions, which being read, were approved by
the houfe, and are as follow :
** Refolved, that the erefting or exercifing, in
this colony, a court of equity or chancery (how-
ever it may be termed) without confent in ge-
neral affembly, is unwarrantable, and contrary
to the laws of England, and a manifeft oppref
Hon and grievance to the fubjeds, and of perni-
cious confequence to their liberties and pro»
perties.
*' Refolved, that this houfe, will at their next
meeting prepare, and pafs, an a£t to declare and
adjudge all orders, ordinances, devices, an4
proceedings, of the court, fo aflfumed to bt
eredted and exercifed as abovementioned, to be
illegal, null, and void, as by law and right they
ought to be.
** Refolved, that this hpufe, at the fame time*
will take into confideration, whether it be ne-
cefTary, to eflablilh a court of equity or chan-
cery in this colony } in whom the jurifdidion
thereof ought to be veiled, and how far thd
powers of it fliall be prefcribcd and limited.**
Mr. Burnet no fooner heard of thefe votes, thar^
he called the members before him, and diflblved
U
C(
«(
«
<(
it
«(
<(
<c
<c
<c
«c
4C
<C
C(
<(
cc
cc
<c
«(
cc
T'he governor
diflblves the
afTembly.
Reduftion of thc aflcmbly. They occafioned, however, an or-
the fees ui the j- • i /••/-»» • n i
court of ciun- "inance m the Ipnng foUowmg, as well to remedy
•"y- fundry abufcs in the praftice in chancery, as to re-
duce 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
^ ^ ;; • ■■■ ■■ ruftedj'
N E W Y O U K. 1131
ruded iipoh their axes, the practice being con-
temned by all gentlemen of eminence in the pro-
fefllon.
We are now come to the clofe of Mr. Burnet's ^j;^J'J^"°J^^.jr*
adminiftration, when he was appointed to the chief proriace.
command of the Maflachufet's Bay. Though we
never had a governor, to whom the colony is fo
much indebted as to him i yet the influence of a
faftion, in the judgment of fome, rendered his re-
moval neccflary for the publick tranquillity. In-
fenfible of his merit, the undiilinguifhino; mvki-
tude were taught to confider it as amoftrortunate
event *, and till the ambitious defigns of the French
king, with refpeft to America, awakened our at-
tention to the general welfare, Mr. Burnet's ad-
miniftration was as little efteemed, as that ot the ' '
meancft of his prcdeccfTors,
He was very fond of New- York, and left it
with reluftance. His marriage here connefted him
with a humerous family, and, befides an univer- $.
fal acquaintance, there were fome gentlemen, with
whom be contracted a llriA intimacy and friend-
(hip. '
The exccflive love of money, adifeafc common
to all his predeceflbrs, and to fome who fucceeded
him, was a vice, from which he was entirely free.
He fold no offices, no rattemptcd to raife a fortune
by indirect means j for he lived generouQy, and
carried fcarce any thing away with him» but his
books. Thefe and the converTation of men cf
letters, were to him inexhauftible fourccs of delight.
His afl^ronothical obfervations have been ufeful;
but by his comment on the Apocaly pfe, he expofed
hinifelf, as other learned men have before him, to
the criticffms of thofe who have not abilities to
write half fo well. ' coi„„(.i j^^^^
John Montgomerie, Efq. received the great feal gomede h%r
of this province from Mr. Burnet, on the x5th ot P"j'«^J «o-'
0.4
* .. vcirtor, .\^i\t
■5»
THE HISTORY OF
April, 172S, having a cotnmifllon to fuperfedj?
him here and in New Jerfcy. The council boarjl
confiftcd of
Mr. Wjilters,
Mr. Van Dam,
Mr. Barbarie,
Mr. Clarke,
Mr. Harrifon^
Dr. Colden,
Mr. Alexander^
Mr. Morris, jun.
Mr. Van tlorne^
Mr. Provoft,
Mr. Livingflon,
Mr. Kennedy.
The governor was a Scotch gentleman, and brc4
a foldicfi but, in the latter part of his life, l\c
had little concern with arms, having lerved as
groor.i of the bed-chamber to his prcknt majefty,
before his acccflion to the throne. This ftaiiop,
and a Hrat he had in parliament, paved the way to
his prefenntnt in America. In his talents for go-
vernment he was much inferior to his predeceflbr,
for he had neither llrength nor acutenefs of parts,
and was but little acquainted with any kind of
literature.
As in the natural, fo in the political world, a
violent ftorm is often immediately fuccecded by a
peaceful calm ; tired by the mutual ftruggles of
party rage, every man now ceal'ed toa£t under its
influence. The governor's good humour too ex-
tinguifhed the flames of contention, for being un-
able to plan, he had no particular fcheme to pur-
fue i and thus by confining himfelf to the exercife
of the common adts of government, our publick
aflfairs flowed on in a peaceful, uninterrupted,
ftream.
The reader will, for this rcafon, find none of
thofe events in Col. Montgonlerie's fliort admini-
ftration, which only take rife under the fuperin-
tendency of a man of extenfiye views. Indeed
he devoted himfelf fo much to his eafe, that hp
has
•II
of
of
N B W V O R K. «
jhas fc^rce left us any thing to perpetuate the rof
membrance of his time.
The two rocks, upon which the publick tran-
/quillity was (hipwreckcd in the laceadminiilration*
he carefully avoided j for he diflblved the afftm-
bly, called, by his prcdeccflbr, before they had
ever been convened \ and as to the chancery he
himfelf countenanced the clamours againft it, by
decl'ning to fit *, till enjoined to exercife the office
of chancellor by fpecial orders from England.
He then obeyed the command, but not without
difcovering his reludancc ; and modeftly confef-
fingto the pradifers, that he thought himfelf un«
qualified for the Nation. Indeed the wourt of chan-
jcery was evidently his averfion, and he never gave
a fin lie decree in it, nor more than three orders ;
and thele, both as to matter and form, were firit
ifettled by the council concerned.
^^r. Philipfe was chofen fpeaker of the afTem- a new aftt.. .
bly which met, on the 23d of July, andcor t^.i^Jed^'^^'gJ"'^-■>
fltting in perfect harmony till Autumn. After iiis *'* '
excrliency had procured a five years fupport, and
feveral other laws to his mind, of lefs confiderable
piomenti he went up to Albany, and, on the ift^ confer
of Oftober, held a treaty with the Six Nations for with the*«J
a renewal of the ancient covenant. He gave them n*''<»"» <^*
great prefcnts, and engaged them in the defence*' *'* '
bi Ofwego. Nothing could be more feafonable
than this interview, for the f'rench who eyed that '
important garrifon and our inert fing tra,de there,
with the moft reftlefs jealoufy, picpared, early in
the fpring following, to demolifli the works. Go-
ycrnor Burnet gave the firft intelligence of this dc-
figp^ in a letter to colond Montgomerie, dated ac
i5olton the 31ft of March, 1729. The garrifon
was thereupon immediately reinforced by a detach-
ment from the independent companies ; which to-
gether with the declared refolution of the Indians
*w
The kin J re-
peals the aA*
of aflembly
pafled by go-
pernor Burnet,
ifor preventing
the trade with
the French at
Wontreal,
pec. 11,1729.
THE HISTORY OF
to protcft the fort, induced the French to dcfift
from the intended invalid .i*.
Thus far our Indian affairs appeared to be un<^
der a tolerable diredlion •, but thefe fair profpedts
were foon obfcured by the king's repealing, on the
nth of December, 1729, all the adbs which Mr,
Burnet, with fo much labour and oppolitioii, pro-
cured for the prohibition of an execrable trade be-
tween Albany and Montreal. To whofe intrigue's
this event is to be afcribed, cannot be certainly
determined. But that it was pregnant with the
worft confequences, time has fufficiently evinced.
][^othing could more naturally tend to undermine
the trade at Ofwego,' to advance the French com-
merce at Niagara, to alienate the Indians from
their fidelity to Great Britain, and particularly ta
rivet the defedbion of the Caghnuagas. For thefe
refiding on the fouth fide of St. Lawrence, nearly
oppofite to Montreal, were employed by the French
as their carriers ; and thus became intercfted
againft us, by motives of the tnoft prevailing na*
ture. One would imagine, that after all the at-
tention bellowed on this affair in the late adniini-
^ration, the objeftions againfl this trading inter-
courfe with Canada, mud have been obvious to the
meaneft capacity ^ and yet fo a^onifhing has been
our conduft, that from the time Mr. Bqrnet re-
• From tHat time, to the year 1754, this garrifon was gaard*
«d only by a lieutenant and five and twenty men. General
Shirley's parting from the forces deftined againll fort Da
Quefne, and proceeding with half the army to Ofwego ia
1755, was extremely fortunate to our colonies; the French
being then determined and prepared to pofTefs themfelves of
that poll. Befides the vefl'els launched there to fecure the
ccmmand of the lake, the general, before he returned to win-
ter wuarters, ereded two llrong fquare forts, with baftions,
commanding as well the entrance into the Onondaga river, as
the old fort ; in the fiiuation of which, little regard was had
to any thing befides the nieafantncfs of the profped.
moved
id
NEW YORK. ass
moved to Bofton* it has rather been encouraged
than retrained. This trade, indeed, was fubjedt
to duties; but that at Ofwego always was, and
ilill is, expofed to the fame incumbrance ; while
the French trade, in the interval between the years
1744 and 1750, was perfeftly free : and as the
duty, by the law then made, is laid only on goods
fold in the city and county of Albany, the trader
to elude the aA, is only expofed to the trouble of
tranfporting his merchandize, beyond the fcant
diftrift of the city afcertained in the charter. But
how much foever our inattention to this matter
may defer ve cenfure, I cannot in juftice to my
countrymen help obferving, that from the fevereft
fcrutiny I could make, our people are free from
the charge of felling ammunition to the French,
v/hich has fo unjuftly expofed the inhabitants of
Albany, to the qdiun) of all the colonies \i\ New*
England*.
The year 1731 was diftinguiflied only by the settlement of
complete fcttlement oiF the difputed boundary be- [.''^ ^"ndarj-
tween this province and the colony of Connedicuc. theprow^*
An event, confidering the late colonizing fpirit °^^;?*'^i'*^
I V 1 • -r i_ 1 /- ».T ° .r and Connefti-
and extenuve claims or the people of New-|ing- cut, annu
Jand, of no fmall importance, and concerning
which it may be proper to give a fuccintSt account.
The partition line agreed upon, in 1664, being
confidered as fraudulent, or erroneous *, a fecond
agreement, fufpended only for the king's and the
Duke's approbation, was concluded, on the 23d
of November, 1683, between colonel Donganand
bis council, and Robert Trent, Efq. then gover-
nor of Connefticut, and feveral other commif-
fioners appointed by that colony. The line of parti-
• .Ever fince the year 1729, the fale of arms and ammuni-
tion to the French, has been exempt both from dates and a
prohibition; which I attribute to the confidence of the go-
vernment, that the calumny is entirely groundlefs.
lion.
f5^
cc
«(
THE HISTORY OP
t!on, then agreed to be eftabli(hed, was to begin
at the mouth of Byram brook, " Where it fallcth
** into the found, at a point called Lyon's 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 country,
as far as will be eight Engliih miles from the
aforefaid Lyon's Point ; and that a line of
5* twelve miles, being meafured from the faid Ly-
•' en's Point, according to the line or general courfe
•• of the found eaftward : where the laid twelve
.*« miles endeth, another line (hall be run from the
** found, eight miles into the country north north-
" weft, and alfo, that a fourth line be run (that
*' is to fay) from the northernmoft end of the eight
•' miles line^ being the third mentioned line,.which
*• fourth line with the firft mentioned line, Ihall
^' be the bounds where they (hall fall to run 5 arid
** that from the eafternmoft end of the fourch
^' mentioned line (which is to be twelve miles in
" length) a line parallel to Hudfon's river, ir^
*' every place twenty miles diftant from Hudfon's
*• river, (hall be the bounds there, between the
•* faid territories or province of New- York, and
•* the faid colony of Connecticut, fo far as Connec-
<* ticut colony doth extend northwards -, that is,
•* to the fouth line of the Ma(rachufet*s colony :
•• only it is provided, that in cafe the line from
•* Byram brook's mouth, north north-weft, eight
** miles, and the line, that is then to run twelve
*' miles to the end of the third fore- mentioned
line 0^ eight miles, do diminifh or take away
land, within twenty miles of Hudfon's river,
*' that then fo much as is in land diminifhed of
•* twenty miles of Hudfon's river thereby, (hall be
*^ added out of Connecticut bounds unto the line
** aforc'i
cc
cc
^s$
m
«c
N E iV YORK.
•' 'afore- mentioned, parallel to Hudfon's river and
•• twenty miles dift^ant from it ; the addition to be
•' made the whole length of the faid parallel line,
and in fuch breadth, as will make up, quantity
for quantity, what (hall be diminifhed as afore-
-' faid!"
Purfuant to this agreement . fome of the lines
were adlualiy run out, iind a report made of the
furvey, which, on the 24th of February, 1684,
was confirmed by the governor of each colony ac
Milford in Conncdlicut, Here the matter refted,
till a difpute arofe concerning the right of jurif- ^
didion over the towns of Rye and Bedford, which
occafioned a folicitation at home ; and on the 2Sth
of March, 1700, king William was pleafed to
confirm the agrcen^ent in 1683.
Nineteen years afterwards, a probationary aft
was pafled, empowering the governor to appoint
commiiTioners, as well to run the line parallel to
Hudfon's river, as to rc-furvey the other lines and
diftinguidi the boundary. The Connedicut agent
oppofed the king's confirmation of this aft totis ,
viribus, but it was approved on the 23d of Ja-
nuary, 1723. Two years after, the commiflioners
and furveyors of both colonies met at Greenwich,
and entered firft into an agreement, relating to the
method of performing the work.
The furvey was immediately after executed irt
part, the report being dated on the 12th of May,
1725 i but the complete fettlement was not made
till the 14th of May, 1731, when indentures,
certifying the execution of the agreement in 1725,
were mutually figned by the commiffioners and fur-
veyors of boch colonies. Upon the eftablifhrncnt a traft of i^nd
of this partition," a tra6t of land lying on the Con- j^^ued the ob-
nedicut fide, coniilllng of above 60,000 acKes, to the 'pro'V^ince
isom its figure called the Oblong, was ceded to ^^ New-York.
New-
»j9 THE HISTORY 6' P
Kew-York, as an equivalent for lands near the
Sound furrendercd to Connedlicuc *.
The very day after the furrender, made by that
colony, a patent palTed in London to Sir JofepK
Eyies and others, intended to convey the whole
Oblong. A grant pofterior to the other was alfo
regularly made here^ to Hauley and company, of
thegreateft part of the fame traftj which the Bri-
ti(h patentees brought a bill in chancery to repeal.
Biit the defendants filed an anfwer, containing fa'
iraay objeilions againfl the Englilh patent, that the
fait remains flill unprofecuted, and the American'
proprietors have everfmce held the poffefllon, Mr.
Harifon, of the council, folicited this controvcrfy
for Sir Jofeph Eyl6s and his partners, which con-
tributed, in a great degree, to the troubles, fo re-
markable, in a fucceeding adminiftration.
Governor Montgomeriedied on the iftof July,;
1731 } and beiog a -maA of a kind and humane
difpofuion, his death was not a little lamented.'
The chief command then devolved upon Rip V^n;
Dam, £fq. he being the oldeft counfellor, and an
eminent merchant of a fair eftate, though diftin-
guiilied more for the integrity of his heart, than;
his capacity, to hold the (eins of government. H6
Dam's admini- took the oaths befofc
Mr. Alexander,
Mr. Van Home,
Mr. Kennedy."
Detth of go-
Tcrnor Mont
gomerie,
July, 1731
in
Mr. Van
Mr. De Lancey t, and*
Mr. Gourtlandr.
This adminiftration is unfortunately fignalizcd bf
memorable encroachment at Crown Point.'
The French
ext€t « fort at jj^g
Crown Point
* See Douglas's late plan of the Britiih dominions of Nev^-'
Encrland.
f This gentleman being a youth of fine parts, was called'
up to the council board on the 26th of January, 1729, juft.
after his return from the univerfity. Mr. Morris, junior, was'
fufpended on the fame day, for words dropped in a difpute re-
lating to the governor's draughts upon the revenue.
Att*
J-i
NEW Y' O R K.
^An enemy^ defpifed ac firft for his weaknefs, ge*
tieraUy grows formidable for his activity and craft..
This obferv^tion is true, applied to private per* .
fons, religious fe6ls, or publick dates. The French',
in Canada, have always been jealous of the in-;
crea0ng ftrength of our colonies'; and a motive of
fear led them, naturally, to concert a regular fyf*
tem of condudi: for their defence. Confining us
tQ fcant limits along the fea coaft, is the grand
objefts they have long had in view; and feizing
the in)portant paOes from Canada to Louifania, fe-
ducing our Indian all'es, engroHing the trade, and
fortifying the routes into their country, were all
proper expedients towards the execution of their i>
pjan. By erecting fort St. Frederick, they fecured
the ab^lute command of lake Cham plain, thro'
which we mud pafs, if ever a defcent be made
upon Canada, either to conquer the country, or j
h^rrafs its out-fettlements. The garrifon was, aC
firft, fituated on the eaft fide of the lake, near the
fouth end i but was afterwards built upon a com-
modious point on the oppofite fide. Of all their
infractions of the treaty of Utrecht, none was
mor^ palpable than this. The country belonged lu. ^^
to the Six Nations, and the very fpot, upon which
the fort ftands, is included within a patent, to
Dellius the Dutch minifter of Albany, granted
under the great feal of this province in 1696. Be-
fides, nothing could be more evident than the
danger to which it expofed us. Through this lake
the French parties made their ancient bloody in-
curfions upon Schenedtady, the Mohawks caitks,
and Deerfield ; and the eredtion of this fore \yas
apparently adapted, to facilitate the inroads of the
enemy, upon the frontiers of the colonies of New-
York, Maffachufet*s Bay, and New-Hamplhire.
For it ferved not only as an afylum to fly to, after
the perpetration of their inhumanities, but for a*
magazine
m:
^
iii9f
V
r ht HIS T Ci R Y OF
tn^gazme of proviHons and ammunition ; and th6'
it was not much above i2o miles from tlie vcr/
city of Albany, yet by the conveyance through;
Sorcl river ind the lake, it may be reinforced front
Montreal in three or four days *^ ^ '•'
The Maflachufet's government forefaw the dan-
gerous confequertces of the Fr»;iich fort at Crown
Point, and governor Belcher gave us the firft in-
Jformation of it, in a letter fFom Boft6n* to Mr,
Vart Dam, He informed him of the vote of thef
^neral couft, to bear their proportion of the
charge of an embaflfage to Canada, to forbid the
Works, and prcflcd him to engage the oppofition'
of the Six Nations. Van Dam laid the letter be-
fore his council, on the 4th df February, 1732 ;
Who, with lingular Calrtinefs, advifed hiiti td write;
to the comniiMoners of Indian difau*^, at Albany/
ordering them to enquire, whether the land be-
longed to the confederates of the river IndiansI*
That Mr. Van Dam ever wrote to the commif-
lioners, 1 have hot beeft Able to difcover; not*
whether any complaint of the encroachment was'
fent home, according to thefecbnd advite of coun-
cil on the nth of February, whoj befides the firlt
ftep, were now pleafed to recommend his tranf-
mitting governor Belcher's letter and the Bofton'
vote to the feveral fouth-weftern colonies.
The paffivenefs we difcovered, oil this impu-
dent and dangerous invafion of his majelly's rights,
is truly aftonilliing ; and the more fo, as the crown"
• The prefcnt fort at Crown Point is faid to be a fquare,
With four ballions, and a high caflle within the walls. It has
no ditch, but is ftrengthehed by a redoubt, and mounts fix
arid thirty fmall cannon. While the coldny forces, confifting
of about 4C00 militia, lay at lake George, employed in ereft-
ihg fort William Henry in 1 75 5, the French threw up an ad-^
vanced work at Tieonondercge, near the north eaft end of lake
George: an important pafs about 16 miles to the fouthward
df fort Frederick.
had,'
Ui
>1M
k' >
N E W ♦ d R k;
■♦ * ■ ' ■ , , .. . '
had, ai that time, four independent rompaniejj^
tvhich had long been potted here for our protec-
tion, at the annual expence of about 7500 1. fter-
ling. A very ^ood fcheme, in fome meafure, to
repair this fhameful difcohdUA, was afterwards
projected; by fettling the lands ne^r lake George,
with loyal proteftant Highlanders from Scotland.
Captain Laughlin Carhpbel, encouraged by a pro- Captain Camp.'
clamation to that purpofc, came over in iysy, and Joir^o^ftirte
^mple promifes were mkde to hini. He Went up- fome lands
on the land, viewed and approved it 5 and was George^with
Untreated to fettle there, even by the In<^'ins, who Scottim Hi£ii-
were taken with his Highland drefs. Mr. Clarke, '''^"*-
the lieiitenant-go^rernor, protliifed him, in a print-
ed advcrtifemeht, the grant of 30,000 acres of
land, free ftom all biit the charges of the furvey
dnd the king's qUit-rent. Confiding orf the faith
bf the governndcnt, daptain Campbel went home
tolfla, fold his eftate, and, fhorcly afte^ tranf-
ported, at his own expence, 83 proteftant fami-
lies^ confiding of 423 adults, befides a great num-
ber of children. Private faith arid publick ho-
liour loudly demanded the fair execution of a pro-
ject, fo cxpenfive to the undertaker and beneficial
id the colony. But it unfortunately dropped, thro*
the fordid views of fome perfons in power, who
aimed at a fliare in the intended grant ; to which
Campbeli who was a man of fpirit, would not
tonfent. ,
Captain Campbel afterwards made an attempt
to redrefs himfelf, by an application to the afTem-
bly here, and then to the board of trade in Eng-
land. The firft proved abortive, and fuch were
the difficulties attending the laft, that he left his
tolonids to themfelves j and with the poor remains
6f his broken fortune purchafed a fmall farm in'
this province. No man was better qualified than'
he, for the bufinefs he had engaged in. He had
R a high
14* T H E H I $ T R Y O F
a high ienfe of honour and a good underftanding }
was adtivcr» loyal, and of a military difpofition*
For upon the news of the late rebellion in Scot*
land, he went home *, fought under the duke, re*
turned to his family, and loon after died ; leaving
a widow and feveral children, who dill feel the con*
fequences of his difappointments.
Colonel Colby Mr. Van Dam finiihed his adminiftratipn, on
JXnfme«'5»he ift of Aiiguft, 1732; whcH WiUiam Co%,
tht province in Efq. arrived, with a commiffion, to govern this
i^uguft, I7J2. ^„ji jjje province of Newjerfey. The hiftory of
our publick tranfadions, from this period, to the
. prefent ti(ne, is full of itnportant and entertaining
events, which I leave others to relate. A very
near relation to the author had fo great a concern
in the publick cgntroverfies with colonel Coiby*
that the hiftory of thpfe times ivill be better re*
ceived from a more difrnterefted pen. To fupprefa
truth on the one hand, or exaggerate it on the
other, are both inexcufable faults, and perhaps it
yrould be difficult for rqp to avoid thofe extremes*
Befides, a writer, who expofesthe condud of the
living, will inevitably meet with their fury andre-
fentment. The prudent hiftorian qi his own times
will always be a coward, and never give 6re, till
Death protects him from the malice and ^Qke of
his enemy.
THE
•T' >l f
N B W t O K K;
Ml
T H E ■
k i S T 6 R Y
\ »
O F
ii E W-Y OR ki
C H A p. i.
A Geographical Deferiptioji of ihe Couniryi
fTpHE province oJF New-York, at prefent;
JL contains LonglQand, Staten Illand, and the
landfi^ on the eaft fide of Hudfon's river, to the
bounds of Connedticut. From the divifipn line
between that colony and the Ma(iachufet*s Bay;
tiorthward, to the line between us and the French;
we claim ari e^ttent td Conne£lictit river *. Oii
thd
* The grounds of this claim are contained in tlie foUowin^f
^port of a committee of council, to governor Clinton, on the
ikdof March, 1753* which was drawn up by Mr. Alexander.^
^* May it plta/tjeur kxceUeneyi
** In obedience to your excellency's'order,; in cbandl, of thq
3d day of July lalft, rej^erring to a committee therebf^ th«
petitiQifts oif Robert Livingfliori, jun. fifq. and of t\e own-
ers of a certain tra£lt of land called Weftenhook, com-
plaining of- new claims andencroachmentit made upon theii;
lands by the inhabitants of the Maflachufet's Bay, and alfo
the furveyor-general's and the attorney-general's reports 01%
the faid tWo petitions : the committee having maturely^
weighed and confidered of the fame; humbly beg leave to
report to your excellency ; ■ x ■ "
•* ift, That they apprehend the claims ot Maflachufet's
Bay to. the manor of Ltvingfton, or the faid tni& <^ lanl
called Weftenhook, cannot be well founded; becaufe the/
find that the Dutch claimed the colony of New Netherlands
tfs extending from cape Cod to cape Cornelius, now called
. K i «* cape
i
«(
1
<(
<(
<(
it
t
«c
I
<
C(
«(
* •
«H
THE HISTORY OF
the- weft fide of Hudfon's river from the fca to the
latitude of 4 1 " lies New- Jerfty. The line of par-
tition
«<
«c
«(
«l
<•
<«
it
4»
• (
«(
«(
<<
«(
.««
«(
«(
• (
4(
«(
«<
((
<«
(«
«
««
««
€t
€t
H
«
«
' t*
<«
<C
<«
«
(<
((
cape Henlopen, weftward of Delaware bay, along tlie fea
coall, and as iar back into theconntry, as any of the rivers
within thofe limits extend ; and that they were a£lually
pofllflcd of Connedlicut river, long before any other Eu-
ropean people knew any thinv of the exiftence of fuch a
river, and were not only poflTefled of the mouth of it, where
they had a fort and garriton, but difcovered the river abov«
a hundred miles up, had their people trading thertf, and
parchafed of the. natives almoJl all the lands on both fides
of the faid river.
" adly. That governor Stuyvefant, the Dutch governor of
the faid province, by his letter dated the zd of September,
1664, New Stile, in anfwer to a letter from governor
Richard Nicolls of the>|| .Auguft preceding, demanding
the furrender of all the forts and places of ftrength pof-
fefTed by ;he Dutch under his (governor Stuyvefant's) com-
mand, writes as follows c^*** Moreover its without dif*
pute, and acknowledged by all the world, that our prede-
cefTors, by virtue of the commiiUon and patent of the faid
lords the ftates-general, have without cootroul, and peace-
ably (the contrary never coming to our knowledge) enjoyed
fort Orange about 48 or 50 years; and Mankatans about
41 or 42 years ; tlie South River 40 years, and the Freih
River about 36 years." Which laft mentioned river, the
committee find to be the fame, that is now called Connec-
ticut river.
3dly, That the faid Dutch governor Stuyvefant did, in
the year 1664, furrender all the country, which the Dutch
did then poffef , to king Charles the Second, and tKat the
ftateS'geiteral made a cefiion thereof, by the treaty of Breda,
in the year 1667 : that the Dutch reconquered part of this
province in 1673, »nd furrendered and abfolutely yielded
It la king Charles the Second, in 1673-4, by the treaty of
London ; and that in the year 1674, "^'"S Charles granted
to the dpke of York, all the lancj b^ween Connefticut
river and Delaware bay ; the wholt^W theie lands being
part of the former colony of New Netherland.
•• 4th, That the duke of York, in his feveral commif-
fionsto major Edmund Androfs, on the iftof July, 1674,
and to governor Dongan on the 30th of September, 1682,
among other defcriptions of the boundaries of this province,
mentions all the land from the weft fide of Connefticut
river to the eaft fide of Delaware bay : that their majeflies,
N *• king
t*
N E w y R K.
thton between that province and this, from that
latitude to the other ftation on Delaware, is un-
fettieJ.
t4t
king William and qaeen Mary, by their commifllon, bear-
ing date the 4th day of January, io the firlt year of their
majefties reien, appointed Henry Sloughter to be governor
of the province of New-York, and territories depending
thereon ; the boundaries whereof to ConncAicut riyer, on
the eaft, were notorious, by the grant and other commif-
*' iions aforefaid, and many other grants and commiflions rc-
'* lating to the fame.
'* 5th, That the committee appreher ' ConneAicut river
continued the eaft bounds of this province, until the 28th
of Marchy 1700, when, by king William's confirmation
of an agreement between this province and ConneAicut,
the weftern bounds of that colony were fettled at twenty
miles from Hodfon's river : and they cannot find any other
alteration in the eaftern bounds of this province, and have
no ^e^i^on to believe any other was made before, or fince,
that time.
*< 6th, That king James the Firft, by letters patents, bear*
ing date the 3d of November, in the i8th year of his
>^g,ni granted unro the council of Plymouth, from foriv
** to forty-eight degrees of north latitude inclufive, in which
*' there is a recital to this purpofe."— *Now for as much as
the king has beea certainly given to underftand, by divers
good fubj«£ls that have for thefe many years frequented
thofe coafts and territories, between the degrees of 40° and
48*^, that there are no other fubjefls of any chrlftian king
or ftate,or by any authority from their fovereighs, lords, or
prtnces;, a£lually in polTeflion of any the faid lands or pre-
cinAs, whereby any right, claim, intereft, or title, may,
or ought, by that means, to accrue or belong to them,** Sec.
And alfo a provifoe in thefe words, ** Provided always,
** that the faid lands, iilands, or uny of the premiiTes, by the
** faid letters patent intended or meant to be granted, were
** not then actually polTeflTed or inhabited by any other chrifo
•« tian power or date." Which patent, the corncwttes con-
•* ceive, could not veft any thing in the grantees, by rcafon
** of the faid recital and condition upon which ic was grant*
*^ ed ; part of the premifTes being then a^ually poffefled by
♦* the Dutch,, andmoft of the faid colony o^ New Netherland
" being within the bounds thereof.
** '/ih, That the council of Plymouth, by their deed dated
the 19th of March, in the third year of king Charles the
Firli, ^granted to Sir Henry Roffjwell and • ot4ier'i, part of
' R 3 «' what
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THA HiSTORYOr
iettled. From thence* wherefoever it m^v *^ fix-
ed, we claim ail the lands, on the ead Tk.* ot De«
U^vare,
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what wai fitppofed to be granted by the iaid Ictten patent,
which grant, from the faid council of Plymouth, the com-
mittee take to be void, as founded ajran the faid void
patent.
•' 8th, That he the faid Sir Henry RoflWell, an4 others,,
obtained a grant and confirmation thereof, from the crown,
under the great feal of England, dated the 4th of MaKb,
in the fourth year of king Chartes the Firft, within which
grant and confirmation, the province of Maflachufet's bay
IS included ; which grant and confirmation was adjudged
void in the high court of chancery of England in the year
1684. And uie committee are of opinion, that nothing,
to the weftward of Connc6licut river, could pafs by that
grant and confirmation} for that his mijefty could no(
ave had an intention to grant the fame, it being then pofii
fefifed by the Dutch, as before^rnqntioned. «
** 9th, That the committee conceive the inhabitants of
Maflachufet's bay can claim nothing at prefent, but what
is granted them by their laft charter in 16911 all theif
other grants an<* charters being either void of toemfelves*
or declared fo \u the chancery of England.
*< inth. That the bounds granted, by this charter, ar^
weftward as far as the colonies of Rhode Ifland, Conneo*
ticut, and the Narraganf$t counv.^ : which worcb being in
the cafe of a grant from the crown, tibt committee conceive,
cannot extend their bounds farther than to ConneAicnt co4
lony, and therefore iiotto Connedicut river, and muchlefa
to the weftward of it j| becaufe Connedicut itfelf, at thi(
time of that charter, did not, in the knowledge of the
crown, extend weftward of that river ; nor did till nine
years after, when, by the royal approbation, the agree*
ment between this province and that colony taking place,
(which was not to be in force till fuch approbation) thc^
bounds of that colony were fettled as is before-mentioned ^
and the committee conceive it to be againft reafon, to fup^
pofe that the crown intended, by thefatd charter, to grant
any part of the province of New* York, under the thetif
immediate government of the crown, without exprefs men-
tion thereof in the charter; and without notification there*
of to Henry Sloughter, then governor of this province,
that the crown had granted fuch a part of what was before'
within his jurifdiAion by thehr majefties eonunifiion afore*
faid to him. - •
" Iltb,
.^.r-
ff k Vf YORK.
laware, tothe north lineo£ ^ennfylvania s and all
the territory, on both fides of the ^Mohawks river,
** I ith, Thit both the patents, under which the petitioners
** claim* the committee nnd were granted uiider the great
<* feal of thti 0ro?ince i that off the manor of Livingfton in
** 1686, and ttiat of Weftenboolc in 1735. And that the
" lan4s contained in the faid grants are, the committee ap-
** pifehend, #ithin the jurifdiaion of this province, tbey be-
M la^ bbth weft of GonneAicot river.
** 12th, That the committee are of opinion, the attempts
** of the inhabitants of the Maflachufet's bay, to malce en-
** croachments upon aqy lands, granted by letters patent un-
f* dtr the^l'eat feal of New- York, or uj^on any lands within
'* the jonfdiftion of this province, are dirreipeAful to his
^* majefty's authority, tend to the dif^orbance of the fubjeftt
f* of this province, and may be the caufc of great mifchiefs
f and diforders.
M 13th, Thit the fteps taken by the faid inhabitants, even
f* wen the bounds of this province doubtful and unfettled,
f ' are ifftrnfions, and difVefpedfiil to his majefty's authority.
** . And laftly. The committee are of opinion, that a copy
f ' of fo mi^ch of this report, as Ihall be approved of by your
,V excellency and the council, be tranfmttted to the lieote-
fi nant^jgpvernor of the province of I^a/Tachufet's bay, re-
i* quefting that he would take eiFedtoal meafures, that all en<
M7
f* eoort, that they inay inform your excellency, hy what war<
'* rant they claim or exercife any right to foil or jurifdi^lion,
'* wrftward of Conneflicuit river ; that the fame may be con-
f ' fidered, and fuch fteps taken towards removing all caufes
^< of encroachments or difturbances for the future, as may be
<* agreeable to equity and juftice t to the end, that good an-
*< derftanding may be preserved, whicK ought to fubfift be-
^ tween fellow fubje£ls and neighbouring provinces.
1* All which is neverthelefs humbly fi\binitted„
** By order of the Committee,
«* James Di Lancey, Chairman.**
The government of the Maflachufet's bay never exhibited
the reafons of their claim, in anfwer to thi^ report, but con-
tinued their encroachments 1 and in the fpring, 1755, fur-
veyed and fold lands, lying feveral miles weft, of the eaftern
extent of the manor of Livingfton and the patent of Cla-
verack.
iR 4
and
■w
r4
THEHI STORY OF
find, weftward to the Ifthmus at Niagara; in a
Word, all the country belonging to the crown of
Grt*at Britain, not already granted ; for we are to
jconfider New-York among h^r fifter colonies^ to
borrow a law phrafe, as a refiduary legatee.
Hence wc have, froq| the beginning, been ex-
pofed to controverfies about limits. The New-
Jerfey claim includes feveral hundred thoufand
acres, and has not a little impeded the fettlement
>of the colony. The difpute with the Mafiachu*
fet's bay is itill more important, and, for feveral
years pafl:, tccafioned very conhderable commo-
tions. The New-Hampihire pretenfions have,
as yet, expofed us to no great trouble. But
Svhen all thofe claims are fettled, a new contro^
yerfy will probably cominence with the proprieta*;
fits of Pennfylvania.
This province was, in 169 1, divided, by an a£k
of afTembly, into twelve counties, which 1 ihall*
defcribe in their order. ■ "
The City and County of N E W YORK.
THE city of New- York, at firft, included
only the iOand, called by the Indians, Man-
batans; Manning's ifland, the two barn iOands
and the three oyfter iflands were in the county.
But the limits of the city have fince been augment-
ed by charter. The iQand is very harrow, not a
mile wide at a medium, and about 14 miles in
length. The fouth-weft point projedts into a fine
fpacious bay, nine miles long and about four in
breadth ; at the confluence of the waters of Hud-
fon*s river, and the ftreight between Long Ifland
and the northern (hore. The Narrows, at the
fouth end of the bay, is fcarce two miles wide, and
opens the ocean to full view. The paflage up to
Kew- York from Sandy Hook, a point that extends
farthefl: into the fea, is fafe, and not above five
and
NEW YORK.
and twenty miles in length. The common jnavir
gation is between the eait and weft banks, ' in two ^
or three and twenty feet water. But it is faid that
an eighty gun fhip may be brought up, through
g narrow, winding, unfrequented, ciiannel, be-
tween the north end of the eaft bank and Coney
ifland.
The city has, in reality, no natural bafon or
Iiarbour. The (hips lie off in the road, on the eait
tide of the town, which is docked out, and bet-
ter built than the well fidef becaufe the frefhecs in
Hudfpn's river, fill it infome winters with ice.
Tiie city of New York, as I have elfcwherc Number o$
had occafion to mention, " confifts of about two J°JenV
thoufand five hundred buildings. It is a mile in ^
length, and not above half that in breadth.
Such is its figure, its center of bufinefs, and
the fituation of the houfes,. that the mean car-
tage from one part to another, does not exceed
above one quarter of a mile, than which no-
thing can be more advantageous to a trading
city.*'
it is thought to be as healthy a fpot as any in
the world. The eaft and foutb parts, in genera),
/are low, but the reft is fituated oh a dry, elevated,
foil. The ftreets are irregular, but being paved
with round pebbles are clean, and lined with well
bujk brick houfes, many of which are covered
with tiled roofs.
No part of America is fupplied with markets Prorifioot.
abounding with greater plenty and variety. We
have beef, pork, mutton, poultry, butter, wild
fowl, venifon, fiQi, roots, and herbs, of all kinds,
in their feafo'ns. Our oyfters are a confiderable ar- ^
tide in the fupport of the poor. Their beds arp
within view of the town ; a fleet of two hundred
fmalt craft, are often feen there, at a time, when
the weather is mild in winter ; and this fmgle ar-
^ ' tick
K^9
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Trade.
If(te fort,
I'ortifications
•^ the river.
(Tiilt UlSTORt GP
tide is computed to l^ yrorth ^ni^ually iq or
12,000 1.
This ^ity is the metropolis and grand mart of the
province, and, by its commodious fituation, com-
mands alfo all the trade of the weftern part of"
Conneffcicut and that of £aft Jcrfey. " No feafon
** prevents our ihips from launching out into the
•' ocean. During the greateft feverity of win**
** ter, an equal, unreftrained, activity runs thro^r
*' all ranks, orders, and employments."
. Upon the fouth^well point of the city ftands the
fort, which is a fquare with four baftions. Within
the walls is the houfe lin which our go vernorsufually;
reiide ; and oppofite to it brick barracks, buiU
formerly for the independent companies. The go-
vernor's houie is in heighth three nories, and fronts
to the weft } having, Irqm the fecond ftocy, a fine
Jiroipc& 6i the bay and the Jerfey (hore. At the
butb end there was formerly a chapel, but thia
was burnt down in the negroe confpiracy of the
fpring 1 741. According to governor Burnet's ob-^
fervations, (his fort ^ands in th^ latitude of 40*^
Below the walls of the garrifon, near the water,^
we have lately raifed aline of fortifications, which
commands the entrance into the eaftern road and
the mouth of Hudlbn's river. Thi$ battery is
built of ftone, and the merlons confift of cedar
joifts, filled in with earth. It mounts 92 cannon^
and thefe are iall the works we have to defend us.
About fix furlongs, foutheaft of the fort, lies
Kot^ten ifland, containing about 100 or lap acres,
referved by an a6t of afifembly as a fort of demef*
oe for the governors, upon which it is propofed to
ered ailrongcaftle, becaufe an enemy might from
thence eafily bombard the city, without being an**
Ijoyed either by our battery, or the fort. During
ihc: Uce war a line of palifiides was run from Hud-
fon's
•
.K EL W YORK. 251/
ipn-s to die eaft river, at the other end of the city,
with block- houfes at fmall diftances. The greater
part of thefe (lill remain as a monument of our
folly, which coft the province about Sooq I.
. The inhabitants of New- York are a mixed peo- lahabitantt.
pie, but mMy defcended from the original Dutch
planters. There are ftill two churches, in which churches,
religious worlhip is performed in chat language.
The old building is of ftone and ill built* orna-
mented within bf a fmall organ loft and braf^
branches. The new church is a high, heavy, edi-
fice, has a very extenfive area, and was compIeate4
in 1729. It has no galleries, and yet will perhaps
contain a thoufand or twelve hundred auditors.^
if he fteeple of this church aflfordsa mod beautiful
profpedt, both of the city beneath and the fur-
rounding eountry. The Dutch congregation is
more numerous than any other, but as the lan-
guage becvomes diiufcd, it is much diminiflied ^
and unlefs they change their worlhip into the Eng-
\i(h tongue, mud foon fufFer a total diffipatioh.
They have at prefent two miniders : the rev, mef-
fieurs K iczma and De Rqnde, who are both ilri(fl:
caivinitts. Their church was incorporated on the
nth ot May, 1696, by the name of the mini-
fler, elders, and deacons, of the reformed pro-
telhnt Dutch church of the city cf New-lfork,
and its eft ate, after the expiration of fundry long
leales, will be worth a very gre ^t in ome *.
All the Low Dutch congregation, m this and Manner of
the province of New Jei fey, woilfhip after the j^°';5i'*chlli2^
manner or the reformed church'is in tlie i'.nited «.
provinces. With rcfped to government, they are J^°^"'"**°*''
in prmciple prelbytcrians i but yet hold themfelves
• Their charter was confirmed by a late aft of aflembly
ratifiedL by his majefty, which recites the Vlllth article of the.
iurrenderin 1664.
in
> ♦
SS» THE HI S T OR Y OP
in fubordinatioh to the claflis of Amfterdatn, vrhat
fometimes permit, and at other times refufe, them
the powers of ordination. Some of their mini&
ters confider fuch a fubjeflion as anti-conftitution^
al, and hence in feveral of their jate annual con-
tentions, at New- York, called the Cactus, fome
debates have arifen amongft them } the majority
being inclined to eredt a clalTis, or eccleHaftical
judicatory, here, for the government of their
churches. Thofe of their minifters, who are na-,
fives of Europe, are, in general, averfe to the pro-;
jeft. The expence attending the ordination of
their candidates in Holland, and the reference of
their difputes to the claflis of Anifterdam, is very
confiderable ; and with what confequences, the in-
terruption of their correfpondence with the Euro-
pean Dutch, would be attended, in cafe of a war,
well defer ves their confideracion.
Trinity church Thctc are,, bcfides the Dutch, two epifcopat'
churches in this city, upon the plan of the efta*
blilhed church in South Britain. Trinity church
wa'i built in 1696, and afterwards enlarged ia
1737, It ftands very pleafantly upon th? banks
of Hudfon*s river, and has a large cemctTv, on
each fidej inclofed iri the front by a painted paled,
fence. Before it a long walk is railed off from the
broad-way, the pleafanteft ftreec of any in the
whole town. This building is about 148 feet long,
including the tower and chancel, and 72 feet in
breadth. The fteeple is 175 feet in height, anci
over the door facing the river is the following in-»
fcription,
', PER ANGUSTAM.
<f
cc
C(
Hoc trinitatis templum fundatum e(l anno
regni illuftriflimi, fupremi, Domini Gulielmi
tertii, Dei gratia, Angliae, Scotiae, Francias et
" Hiberniie
H
/•
If E W y O R K. ;l5j
?/ Hibetnipp ,re^is, fidci dcfjcnfaris, &c. of^avc^^
^* annoqj poipini J696.
V ** Ac vpluntaria quomndann pantributlon^ ac
<* donis sdiBcatum, maxime autem, dilefii regis
•* chiliarchae Bcnjamini Fletcher, hujus provincias
*< ftrat£ci& iinperatoris,muni6centiaanimatumec
•• audum, cujus tempore moderaminis, hujus ci-
*• vjtatis incolac, rcligionem proteftantem ccclefiae
** Anglicans:, ut fecundum legem nunc flabilitas
•* profitentes, quodam diplomate, fub figillo pra-
*' vincias incorporati funt, acque alias plurimas,
*' ex re fua familiari, donationes notabiles eidem
« dedit."
The church is, within, ornamented beyond any.
other place of publick worihip amongd us. The
head of the chancel is adorned with an altar-piece^
and oppofite to it, at the other end of khe buildings
19 the organ. The tops of the pillars, which fup-
port the galleries, are decked with the gilt bufts
of angels winged. Fronn the cieling are fufpended
two glafs branches, and on the walls hang the arms
of Tome of its principal benefadors. The allies
are paved with flat ftones.
The prefent redor of this church is the rev. Mr* .
Henry Barclay, formerly a miflionary among the
Mohawks, who receives a 100 1. a year, levied
upon all the other clergy and laity in the city, by
virtue of an a6t of aflcmbly procured by governqr
Fletcher. He is affifted by Dr. Johnfon and Mr.
Auchmuty.
This congregation, partly by the arrival of
ftrangers from Europe, but principally by profe-
lytes from the Dutch churches, is become fo nu-
merous, that though the old building will contain
^000 hearers, yet a new one was credted in 1752.
This, called St. Gcorge*s chapel, * is a very neat ^j^^^^^j'^'"**'*
• The length, exclufive of the ^hancel, 92 feet, and its
breadth so feet lefs.
* ■ edifice.
si-
•J4
THE HlS'f ok V bl
Edifice, faced with he^n ftone and tiled, Thii
llecple is lofty *, bi^t irrej^ular, and its fitu^tiorl
in a new, crowded^ And iU-bttilt^ part of the
towri.
The feftor, churchwardens^ and vcftfymeh ot
irinity church, are incorporated by an aft of af-
fenibly, which grants the two laft the advowfoh or
fight of prefehtation 4 but enafts; that the reftor
ihall be inl^ituted and induced in ft nianhei: tnoA
iigreeable to the king's inftru£tions to the govern
tioTi and the canonital rightof thebifhd|)of Lon-
. don. Their worfhip is conduced after tht mode
6f the church of England; and with rdjpeft td
government, they are empowered to make rules
and orders for themfelVes, bdhg, if I may ufe
the exprefiion, an independent, ecclefiaftical, cor-
J>orj»t!on.
The revenue of this church i^ reftriftcd, by ah!
a6t of aflembly, to 500 1, per annum ; butit is pof-
feffed of 9 Teal eftate, at the north end of the
town, which havinjj been lately divided into Ip^S
and let to farm^ will, in a few years^ produce sL
much greater income.
'thmprtiifj^ the prefbyterians increafing after lord Corn-
bury's return to England, called Mr. Ahderfon,;
a Scotch mtnifter, to tht paftoral charge of their
congregation ; and Dr. John Nicot, Patrick Mac
Night, Gilbert Livingfton, and Thomas Smith,'
purchafed a piece of ground, and founded a church
in 17 19. Two years afterwards they petitioned
colonel Schuyler, who had then the chief com-
mand,^ for a charter of incorporation, to fecure.
their eftate for religious worfhip, updn the plan of
the church in North-Britain ; but were difappoint-
ed in thea zxpcdations^ through the oppofition of
<he epifco pal party, T^ :y, (hortly after, renewed
their requtil to governor Burnet, who referred the
* One hundred and feventy-fivc kcu
petition
rw^"'-
V t ^ y o k i.
Jtetition to hU cpuncil. The epifcopaliahs agAiil
Hi
violently oppoied ^he grant, and the governor, in
1724, wrote upon the Tubjefb to the lords of trade
for their dire^ion. Counfellor VAeft, who waf
then conAilted, gave his opinion in thefe words i
*< Upon confiderado' of the Several a6ts of uni*
** formity that havie palTed in Great-Britain, I ani
*( of opinion that they do not extend to New*
■< York, and confequently an aA of toleration is
■< ofnoufein that province; and, therefore, as
t( there is no provincial adi: for uniformity^ ac<&
*< cording to the church of England, I am of
<* opinion, that by law fuch patent of incorpora^
<' tion may be granted, as by the petition is dt*
«• fired. Richard Weft, 20 Auguit, 1724/'
After feveral years felicitation for a charter in
Yain, and fearful that thofe who obftrudted fuch a
reafonable requeH:, v/ould, watch an opportunity
to give them a more effefiual wound} thofe«
among the prefbyterians, who were invefted with
the fee-fimple of the church and ground^, <' con-
««>veyed it, on the i6th of March, 1730, to the
*' moderator of the general afTembly of the church
«* of Scotland and the commiflion thereof, the
*( moderator of the prefbytery of Edinburgh, the
« principal of the college of Edinburgh, the pro*
*< fefibr of divinity therein, and the procurator
** and agent of the church of Scotland, for the
*' time being, and their fucceflbrs in office, as a
« committee of the general alTembly^ On the
" i5thof Aliguft 1732, the church of Scotland,
** by an initrument under the feal of the general
«« aflfembly," and figned by Mr. Niel Campbell,
principal of the univerfity of Glafgow, and mode-
rator of the general affembly and commiflion there-*
of; Mr. James Nefbit, one of the minifters of
the gofpcl at Edinburgh, moderator of the pref-
' bytery
t0
THE kiSTORY OF
iii/tcry of Edinburgh ; Mr. William Hamilton^
Principal of the uniyerncy of Edinburgh i Mi*.
James Smith, profeflbr of divinity therein j and
Mr. William Grant, advocate procurator for the
fchurch of Scotland, for the time being j purfuand
to an z6t of the general alTcrtibly, dated the 8th of
May, 1731,' did declare, " That notwithftand-
*^ ing the aforefaid ^ight made to them and
*' their fucceffors fit office, they were defirbus^*
^* that the aforefafd building a(nd edifice and ap-
*' purteriances thereof, be prcferved for the pious
.*• and religious purpofes for which the faime were*
** defigned \ and that it ihbuld be free and law-
*' ful to the prefbyterians then refiding, or that
** (hould at any tittle thereafter, be refident, in, or
** near, the aforefaid city of New- York, in Ame-
*• rica, or others joining with them, to convene^
*' in the aforefaid church, for the worflifp of God
^* in all the parts thereof, and for the dilpenfaf-
'' tron of sill gofpel ordinances ; and generally to^
*♦ uie and occupy the faid church and its appurJ
•' tenances, fully and frdely in all tii^ies eoming;
*' they fupporting and maintaining the edifice and
•* appurtenances, at their own charge."
Mr. Anderfon was fucceeded, in April 1727,'
by the tcv. Mr. Ebenezer Pemberton, a man of
polite breeding, pure morals, and Warm devo-
tion }> under whofe incelTant rabours the congrega-
tion greatly increafed, and was enabled t6 ere^
the prefent edifice in 1748. It is built of flone^'
railed off from the ftreet, is 80* fe6t long,
and in breadth 60. The fteeple, raifed on the
fouih-weft end, is in height 145 feet. In the front'
to the llreet, between two long windows, is thd
following infcription gilt and cut in a black flate
fix feet in length.
Aufplcante
if B w r b R it,
i^ufpjcante Deo
, Hanc ^dem
Cultui divino facranoi
In perpetuum
celebraodo,
AD. MDCCIIX.
, j^ Prim6 fundatam }
Denuo peniciis reparatatn
Amplior^m et ornatiorem
A.D.. MDCCXLVill
, Confl:ru£tati)»
NeO'Eborancenf^s Prefbyteriani
In fuum et fuorum Ufum
. . Condentcs,
In hk votiv^ Tabula
D D D Q.
• • •
. Concordia, . Amore
l^ecnon Fide| Culcus et Moruni
, J?ufitate
SufTulta^, clariClfq*. exorRata,
- ; Annuente Chrifto,
Longum perduret iri ^vuim*
Mr. Alexandler Cuniming* a young gentleman
6£ learning, and fingular penetration, was chofen
Colleague to ^Ir. Femberton, in 1750 ; but both
were difmifled, at their requeft, about three years
afterwards ; the fortner,^ through indifpofition, and
the latter, on account of trifling contentions kindled
by the bigotry and ignorance of the lower fort of
people. Thefe debates continued till tJiey were
cloied, in April 1 756, by a decifion of the fynod,
to which, alnioft all our prcfbyterian churches, in'
this and the fduthern provinces are fubject. The
congregation confitts, at prefcnt, of 12 or 1400'
ibuls, under the paftoral charge of the Rev. Mr.
0avid BoftWick, who was lately tranflatcd froin'
•R" Jamaica'
■ J ■ *
i#J»v^^.'
•^^^
The French
cluirch.
Alfc'
Two German
churclies.
THBHlSTORVO?
Jamaica to Ncw-Yo^k; by a fjrnodical decree. He
is a gentleman of a mild, catholick, difpofition (
and being a man of piety, prudence, and zeal,
confines himfclf entirely to the.proper bufinefs of
his fun(5bion. In the art of preaching, he is one
of the molt diftinguiflied clergymen rn thefe parts^
His difcourfes are methodical, found md pathe-
tlck ; in fenciment, and in point of didlion, Angu-
larly ornamented. He delivers himfclf without
notes, and yet with great eafe and fluency of cx-
preflion •, and performs every part of divine wor-
fliip with a ftriking folemnity.
The French church, by the contentions in 1724,
and the difufe of the language, is now reduced to
an irxonfiderable handful. The building which
is of (lone nearly a fquare *, plain both within
and without. It is fenced from the (Ireet, has a
flceple and a bell, the latter of which was the gift
of Sir Henry Afshurfb of London. On the front of
the church is the following infcription*
JEDES SACRA
G A L L O R. P R O T.
REFORM.
F V N D A. 1704.
P E N I T V S
R E P A R. 1741.
The prefent mlnifter, Mr. Carle, is a native of
France, and fucceeded Mr. Rou in 1754. He
bears an irreproachable charafte'r, is very iment
upon his ftudies, preaches moderate CalVmifmy
and fpeaks with propriety, both of pronuncia-
tion and gefture.
The German Lutheran churches are two. Bbth
their places of worlhip are fmall; one of them has
a cupola and bell.
* The area is feventy feet Iong» and in breadth fifty.
Tfaflf
N E W Y O R K. a43*
The Quakers have a meeting-houre» and the Quaken.
Moravians, a new feft amon^ us, a church, con- Moraviam.
lifting principally of female profelyces from other
focieties. Their fervicc is in the Englifh tongue.
The Anabaptifts afTemble at a fmall meeting- Anabaptift*.
houfe, but have as yet no regular fettled congre-
gation. The Jews, who are not inconfiderable
for their numbers, worfliip in a fynagoguc created
in a very private part of the town, plain withour,
but very r;£at within.
The city hall is a ftrong brick building, two The city iwii.
jftories in heighth, in the Ihape of an oblong,
winged with one at each end^ at right angles with
-ihe firft. The floor below i^ ^ open walk, ex-
cept two jails and the jailor' ^ irtments. The
cellar underneath is a dungeun, and the garret
above a common prifon. This edifice is ercfted
in a place where four directs meet, and fronts, to
the fouth-weft, one of the mod fpacious (Ireets in
town. The eaftern wing, in the fecond ftory,
(Confills of the aflembly chamber, a lobby,
and a fmall room for the fpeaker of the houfe.
The weft win^, on the fame fldor, forms the
council room and a library ; and in the fpace be-
tween the ends, the fimreme court is ordinarily
held. ; ^ -
The library confifts of looo volumes, which JbAr^^''^''
ivere bequeathed to the fociety for the propagation •
of the gofpel in foreign parts, by Dr. Milling-
ton, reSor of Newiijgton. Mr. Hupnphrys, the
ibciety's fecretary, in' a letter of the 23d of Sep-
vtember 1728, informed governor Montgomerie,
that the fbciety intended to place thefe books in
New. York, intending to cftablifli a library, for
the ufe of the clergy and gentlemen of this and
the neighbouring govcrntnents of Connedlicut,
'New-Jerfey, and Pennfylvania, upon giving fecu-
rity to return them 5 and defired the governor to
* l< 2 recommend
IMAGE EVALUATION
TEST TARGET {MT-3)
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us
m
2f Bg "■
I.I
■tt 122 |22
US |2jO
"^ IJi&
FhotograiJiic
_Scimces
Carporation
23 WIST MAM STMIT
WnSTIR,N.Y. MSM
(716)t72-4S03
#a44 THB HISTORV PP
' ' recommend it to the aflembly, ^o provide $ plac^
to repofit the books, and to conci^r in an aa for
|:he prefervation of them, and others that anight
be added. Governor Montgomerie fent the letter
to the aflembly j who ordered it to be laid before
^e city corporation, and the letter in Jpne 1729,
agreed to provide a proper repofitory for the
books, which were accordingly foon after fent
over. The greateft part of them are upon theolo-
gical fubjeds, and through the cftreleirnefs of the
- peepers, many are mifllng.
' ' In i754» a fet of gentlemen undertook to carry
about a lubfcription towards raifing a publick li-
brary, and in a few days coUedfced near 600 U
which were laid out in purchasing abiput 700 vo-
lumes of new, well chofen, books, ^very fub-
fcriber, upon payment of 5 1. principal, and the
annual fum of 10 s. is entitled to the ufe of
thefe books. His right by the articles is affigndble,
and for non-compliance with them may be forfeit-
ed. The care of this library, is committed to
^ twelve trufteest annually eledied by the fubfcriber^
on the laft Tuefday of Aprils vmo j^re reftrided
from making any rules repugnant to the fundamen-
tal fubfcription. This is the begini]|ing of a library,
Which in procefs of time will probably become vaftly
rich and voluminous ; and it would be very proper
for the company to have a charter for its fecurity
and encouragement. The books are depofited in
the fame room with thofe given by the fociety.
Anainu-houfe. ' Befides the city hall, there belong to the corpq-
a" affmbf' ''*^^*^"» * ^*''8^ alms-houfe or place of correction v
voom.^'" ^'' and the exchange, in the latter of which there is
. a large room raifed upon brick arches, generally
ufed for public entertainments, concerts of my-
£[ck, balls and a^emblies.
' Though the city was put under the government
of a mayor, &c. in 1665, it was not regularly iqi-
' * corporatcd.
•45'
K E W Y O R K;
iq^pOrated till i68j5. Since ;hat time feveral cHai>
ters have been pafTed : the lalt was granted by go>*
jirernor MontgpmeHe on the 15th of January 1730.
, It is divided into fcven wards^ and is under the®|^."»"'«'*??
governnnent of a mayor, recorder, feven alder^ * ''"''
^len, and as many. aflTifl ants or common council-
men. The mayor, a (herifF, and coroner, are an<r
liually appointed by the governor. The recorder
has a patent during pleafure. The aldermen,
affiftants, afleflbrs and colledors, are annually
efedled by the freemen and free^holders of the re-
^dive wards. The mayor has the fole appoint-
ment of a deputy, and, together with four alder-
men, may appoint a chamberlain. The mayor, i
or recorder, four aldermen, and as many affiftants,
form •* the common council of the city of New-
f York i" and this body, by a majority of voices,
hath power to make by le- laws for the governmenc
of the city, which arc binding only for a year, un-
lefs confirmed by the governor and council. The/
have many other privileges relating to ferriages,
markets'', fairs, the aflfize of bread, wine, &c.
and the licenfing and regulation of tavern-keep- '
ers, cartage, and the like. The mayor, his de-
puty, the recorder and aldermen, are conltituted ^
justices of the peace \ ^nd may hold not only a
court of record once a week, to take cognizance
pf all civil caufes, but alfb a court of general
quarter feflfions of the peace. They have a com-
mon clerk, commiffioned by the governor, who
enjoys an appointment worth about four or five
hundred pounds per annum. The annual revenue
of the corporation is near twd thoui'and pounds.
The (landing militia of the ifland confiils of about
0300 men *, and the city has in referve, a thou-
• fan4
* ThQ whole nprnber of the inhabitants, exclufive of fe«
males above fixty,' according to a lift returned to the governor.
•R 1 ta
ff^ TMB HISTORY op
iknd ftand of arms for fe«ncn, the poor and othff9^
HI cafe of an invafion.
The h0rth eaftern part of New- York ifland, is
inhabited, principally, by JDucch farmers, who
have a fm^l village there called Harlem, pie»-
iantly fitnatcd on a flat cultivated for the city
markets.
WE 5 T.CHESTER.
THIS country is large* und includes alltlic
land beyond the ifland of Manhatans along
the Sound, to the ConneAicut line, which is its
eaftern boundarjr. It extends northward to the
iniddle of th^ highlands, and weftward tp Hud^
ion's river. A great part of this county is conr
tained in the manors of Fhilipfburgh, PeUiam*
iB'ordham, and Courtlandt, the laft of which has
the privilege of finding a reprefentative to the ge-
neral aflembly, ' The county is tolerably fettlisd.
^he lands are in general rough but fertile, and
therefore the farmers run principally on grazing,
it has fev<eral towns, £aft*Chefter, Weft-Chefter,
New-Rochelle, Rye, Bedford, and North>Caftle.
" The inhabitants are either Englifti or Dutch p^-ef*
)>yterians» episcopalians^ quakers and French pro-
teflants. The tosmer are the moft numerous.
The two epifcopal miOionaries are fettled at Rye
- and £aft'Chefter, and receive each 60 1. annuaUjr.
taxed upon the county. Thetownof WeftChefter
is an incorporated borough, enjoying a niKiypr's
court, and the right of being reprefented by a^
member in a0embly.
in the fpriDg* 17^6, •moaDted to 1O146.8 whjitM, and as?!
negroes ; but that account is erroneous. It is moft probable!
that there are in the city 15,000 fouls.
D U T C H-
iH
N B W TOR k*
DUTCHES Si
THIS co^tktf adjoins to Weft-Ghefter, which
bounds it on the (both, the Connefticut luiai
dn the eaft*« Hudfdn's river On the wefl:, and thii
county of Albany on the north. The fouth part
of this county is mountainous and fit only for iron
Works, but the reft contains a great quantity of
good upland well watered. The only villages iil
it ar^ Poghkeepfing and the Fifli^Kill, though
they fcarce deferve the name. The inhabitants on
the i^nks of thie river are Dmch, but thofe moro
eaflerly Engliflimen, and^ for the moft part^ emi-
^mts from Connedkicut and Long ifland. There
is no epifcoptl chhirch in it* The growth of this
county has beea very fudden» and commenced but
a few years a^^. Within the memory of perfons
now iivinpp, k did not contain above twelve fami-
lies § and acdording to the late returns of the mill*
th, it will liuniifli at prtfent above 2560 fighting
A L » A N Y.
kHtS cdu^ extends ftom the JTouth bound's^
of the tkiaiior of Livingfton on the eaft fide,
and Ulfter on the weft fide of Htrdfbn*s river ;
tfh the ^orth its limits ai'e not yet alfcertained. It
cOntainsn raft quantity of fine low lund. Its princi^;
* In defcfribhig the lioAts of the feveral cotfntles, Itegar^
their bounds ajoedrding to the jtrrifdi^on as now exercifed ia
each* iradicr than the laws relating to them, which are very
imperfeft, cljpecially the general a£l in i6gi. The greater
psirt of Hudlon's river is not included in any of our countfes.
♦R 4 pal
»jvlf>
Tfodtrof
THE HISTORY OF
pal commodities are wheat, peafe, and pine
boards.
The cit$^ of AlSany; which is nVar i^o miles'
from New-York, is lituated on the weft fide of the
river. There our governors i^fuaHy treat With th0
Indian dependerits irporr the Britilh cro^vn.. The
hoafes are bailt of brick in the Dutch tafte^ and
are in number about 350. There are two churches
in it. That of the epifcopaiians, thcf only one inf
this large county^ is a ftone building. . The con-'
gregation is but fmall, almoft all the inhabitants^
reforting to the Dutch church, which is a plain,^
iquare, ftone, edifice. Befides thtfe they have na'
other pubiick buildings,- except the city hall andr
the fort ;> the latter of ^hicb is a Hont fquare,^
with four baftions* fituated on an eminence wbicit
overlooks the town, but is hfelf conimanded by-
higher ground. The. greateft part of the city iat
fortified only by pali&does, and in foipe placeat
there are finall cannOn planted ' in l;>lock*h<)uies.
Albany was incorporated by colonel £)ongaain^^
i686j^ and ' is under the government of a mayor,"
recorder, fix aldermen, and' as many afllftants;
It has alfo a flieriflF, town clerk, chamberlain,'
clerk of the markets, one high cqnftable, three
fub-conftables, and a marflial. The corporation'
b empowered befides to hold a mayor's courts,
for the trial of civil caufesi and a coun of gehrrai
quarter fefiions. , . .
Sdieaeaadjr. Sixteen or eighteen miles nprthrweft froni AU
bany lies Schenedady, on the banks of the Mo^
hawks brank, which falls into Hudfon's river 12
miles to the north of Albany. This village is*
compadi and regular, built principially of brick,^
on a rich fiat of low land, furrounded with hills,
h has a large Dutch churchy with a ftceple and-
Down olock near the center.: The winding!) ofthe'
rivet*
N E W y O R K. a49*
Hver through the town, and the fields (which are
pfcen overflowed in the fpring) form, about har-
yeft, a mod beautiful profpefb. The lands in the
vale of Schenedady are fo fertile, that they are
jcommonly ibid at 45 1. per acre. Though the
farmers u(e no kind, of manure, they till the fields
every yeafj and they always produce full crops of
^heac or j>eafe. Their church was incorporated
by governor ^ofby, and the town has the privi-
lege <^ fending a member to the aflembly.
. From t^ts village our Indian traders fet out in T*«Mohtwk»i
battoes for Ofwego. , The Mohawk*s river, from '^^"'
hence to fort Hunter, abounds with rifts and
Ifaoals, which in the fpring give but little obftruc-
iion to the navigation. From thence to its head,
or rather to the portage into the wood creek, the
i^onveyance is eaf]r» and the current lefs rapid.
The banks' of this river are, in general, low, an4
the foil exceeding good. Qur, fettlements, on the
porth fide, extend to Burnet's field, a flat inhabi-
ted by Germans, which .produces wheat and peaie
in furprifing plenty. On the fouth fide, except a-
few Scotth Iriih m Cherry valley at the head of
3Uf<|udiajina, we have but few farms weft of the
three German towns on Schokare^ a fmall creek
which empties itfelf into the Mohawk's* river^ ^
about 30 miles wdt of Schenedady. The fur «
trade at Ofwego, is one of the principal advan<r
cages of this county. The Indians refort thither
in May, and the trade continues till the latter end
of July. A good road might l>e made from
Schene^dy to Ofwego. In the fummer 1755.'
fat cattle were eafily driven there for the army un*
der thie command of general Shirley. >
• The principal fettlements to the northward of ^
AlbanyareConneftigiune, eaftward of Schenedlady
^n the Mohawk's river^ which a little lower turn-
^a5« THE- HISTORY OF
bles down a precipice of about 70 feet high, ca)«*
led the Cahoes^ The furprize, which, as one
might imagine, would naturally be excited by the'
view of fo great a catdra£fc, is much diminiflied b]t
the heighth of the banks of the rivert befides^
the fall is as uniform as a mill-danr, being unin-
terrupted by the prbjedlion of rocks.
Scaghtahook. At ScajghtahooK, on the eaft fide of the north
\' branch of Hudfbn's river, there are a few falrRis,
but many naore feveral miles to the eaftward,
and about 25 mile^ from Albany, in the patent
6{ Hofick. Thefe were all broke up by. an ir-
rUppon of French and Indians, who on the 28th
of Augiift, 1754, killed and fcalped two perfons,
iind fet fire t6 the houfes and bams.
About 40 n)iles to the northward of Albany,
Saratoga. ^^ ^^^ ^^^ ^^^ of the river, lies Saragtoga, a fine
'■-■'; irad of low land, from which feveral families
, tvere driven by the French Indians, in the' late
war. A projeS of purchafing thefe lands frcrn
the proprietors, fettling them- with Indians, raif-
ing a fort there and cultivating the foil for them,
has been often talked of fihce Captain Campbeira
dlfappbintmeilt, as a proper expedient to curb the
irulping parties fent out from Crown Point.
In'thefcutbern part of the county of Albany,
on both fides of Hudfon's river, the fettlements
are very fcattered, except within twelve miles of
the city, when the banks become Idw and ac»
cefiible. The iflands here, which are maby,^ cort-
tain- perhaps the fineft foil in the world.
There are two manors in the county, Reh-
flaerwick and Livingfton, which have each the
privilege of fending a member to the aflembly..
The tenants of thefe n^anors, and of the patents
of Claverack, have free farms at the annual ret\t
of a tenth of the produce,^ which has as yet be^
- " • neither
Ma^>or$of Rfn-
itierw'ick and
Ifiv'mj^iica.
N B W YORK. ijil
l»eitber exafted nor paid. At Ancram in chQ
manor of Livingftpn is an iron furnacCs abouc
i'4 miles from the river. Its beft and moft ini- ,
proved lands lie at Tachanic in th^ eaiftern parts,
which have of late .b^en mvich difturbed by th^
inroad^ of the Maflachufet's bay, on this and
the patents of Wefternhook and CJaver^ck.
The ^inters in this county are commonly fe- $evet!ty4tt^«
yere, and Hudfon's river freezes fo bard a hun- *^"*<"**
dred miles to thi; fouthward of Albany, as to
bear ihieds loaded with great burdens.' Mucli
fnow is very feryiceable to the farmers here, nof
only in proteding their grain from the /roll, but
in facilitating the trahfportation of their boards/
and other produce, to the banks of the river
^gainft thp enfurng fpring.
U L S T E R.
THIS county joins to that of Albany, onth^
weA fide of Hudfon's river. Its ndrcherii
extent is fixed at Sawyer's Rill : the rivers De-
laware and Hudfon bound it eaft and wel^. and
a well: line from the mouth of Murderer's creek
IS its fouthern limits
The inhabitants are Dutch, French, Englifh,
Scotch, aqd Iri£j>, but; th : BxA anc^ the laft are moil:
numerous. The epircopali.ms in this county are fo
inconfiderable, that their church is only a mean
ipg-houfe. The moft confiderable town is Kin^-
fton, fitiiated about two miles from Hudfon*is rr-
j^er. It contains about 150 houfes moftly of
(tone, is regularly laid out on a dry level fpot,
and has a large (tone church and courthoqfe
near
'i5«
THE HIST dH V OP
liear the center. It is thought to refemble Sche^f
fiedady, but far exceeds it in its tkvation : oii
the north fide of the town, the Efopas Kill winds
through rich and beautiful lawns. The people
6f Ulfter having long enjoyed an tmdifturbed
tranquility, are lome of the moft opulent fi^mtrs
in' the whole colony.
This county is moft noted ^or tint flour, beer,;
ind a good breed of draught horfes. At t)i<
commencement of the rane^ of th6 ApaKichian '
hills, about lo mifcs from Hudfon's riter, is^ an
inexhauftible quarr]|^ of inill-ftones, which far eii*
ceed thofe from Colen in Europe, formerly im-
ported here, and fold at 80 1. a pair. The Mar*
bletown mill-fton^s coft not a fourth part of that,
fum. This and the Counties 6f Dutcheis and'
Orange abound with lime-ftone, and on the banks
of Hudfon's river are found great bodies of blue
flate. . •
The principal villages, befides Kingfton, are,
Marbletown, Hurley, Rochefter, New Paltz/
ind the Wall-kill, each of which is furrounded
with fine tradls of low land. The militia of Ul-
fter is about 15 or t6do men and a Company
6f horfc;
6 R A if 6 k
COUNTY is divided by a range of
mountains, ftrctching weftward from Hud-
fon's river, caUied the Highlands. On ^e
north Tide the lands are very broken but fer-
tile, and inhabited by Scotch, Irilh, andEn^lifli^
^ Prcibytcnsms;
has
brol
chai. It
N E W-Y O R K.
«rr
Prcfbytcrians. The fociety's Miflionary in Ulftcr
preaches here fometimes to a, fmall congregation
of the epifcopal perfuafion, which is the only onp
in the county. Their villages are Gofhen, Bethle-
hem, and Little Britain, all remarkable for pro-
ducing, in general, the beft butter macje in the
colony. The people on the fouth fide of the moun-
tains are all Dutch ; and Orange Town, more com-
monly called by the Indian nameTappan, is a fmall
but very pleafant inland village, with a ftone cour(
hcufeand church. The militia confids of about
1300 fighting men.
This county joins to the province of New Jerfey
on the fouth i and the non-fettlement of the par-
tition line has been the greateit obftruftion to it9
growth.
There is a very valuable trad called the Drowned
Lands on the- north fide of the mountains, contain-
ing about 40 or 50,000 acres. The waters, whi^ch
defcended from the furrounding hills, being but
flowly difcharged by the rjver ifTuing out of it, co-
ver thefe valt 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, devouring conflagration over- runs
it^ confuming the herbage for feveral days. The
Walkill river, which runs through this extenfive,
amphibious trafb, if I may ufe the exprefllon,
is in the fpring ftored with eels of uncommon fize
and plenty, very ufeful to the farmers refiding on
its banks. \ The river is about two chains in
breadth where it leaves the Drowned Lands, and
has a cohfiderable fall. 'The bottom of it is 4
broken rock, and I am informed by Mr. Crint(^
a gentleman ot ingenuity and a mathematical tvim,
that the channel might, tor itfs than ^oool, be fuf-
S ficicntly
^^
Hudfon'i river*
THE HISTORY OF
ficiently deepened to draw off all the water from
the meadows. Some pares near the banks of the
upland, have been already redeemed from the Hoods.
The fpots are very fertile, and produce Englifh
graf<;, nemp, and Indian corn.
The mountains, in the county of Orange, are
cloathed thick with timber, and abound with
iron ore, ponds, and fipe ftreams for iron works,
Gofhen 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 thefouthem
counties, I beg leave to fay a few words concerning
Hudfon's River.
Its fource has not, as yet, been difcovered. We
know, in general, that it is in the inountainouS|
uninhabited country, between the lakes Ontario
and ChampUin. In its courfe fouthward it ap<r
preaches the Mohawks River within a few miles at
Saucondauga. From thence it runs north and
north-eafterly towards Lake St. Sacrement, now
called Lake George, and is« not above 8 or lo
miles diftant from it. Thfc courfe then to New-
York is very uniform, being in the main fouth i z
or 15'
weft.
The diftancc from Albany to Lake George is
computed at 65 miles. The river in that interval
is navigable only to batteaus, and interrupted by
rifts, which occafion two portages of half a mile
each *. There are three routes from Crown Point
to Hudfon*s River in the way to Albany •, one
through Lake George, another through a branch
of Lake Champlain, bearing a fouthern courfe,
and terminating in a bafon, Lveral miles eaft of
Lake George, called the Sou[h Bay. The third is
by afcendin^ th? Wood Creek, ^ IhaUow ftrcam,
' about
* In the parage from Albany to Fort Edward, the whoI<»
land carriage is about 12 -or 13 miles.
.'*
CHAP. I.
N E W-V O R K.
»59
about one hundred feet broad, which, coming from
the fouth-ead, empties itfelf into the fouth branch
of the Lake Chaniplain.
The place where thcfe routes meet on the banks
of Hudibn's River, is called the Carrying Place.
Here Fort Lyman, fince called Fort Edward, is
built •, but Fort William Henry, a much ftronger
garrifon, was erefted at the fouth end of Lake
George, after the repulfe of the French forces un-
der the command or Baron Diefkau, on the 8th of
September 1755. General Shirley thought it more
advifeableto strengthen Fort Edward in the concur-
rence of three routes, than to ereft the other at Lake
George 1 7 miles to the northward of it; and wrote a
very prelTing letter upon that head to Sir William
Johnfon, who then commanded the provincial
troops.
The banks of Hudfon's River are, for the mofl:
part, rocky cliffs, efpecially on the weftern (bore.
The pafTage through the highlands affords a wild
rottiarltick fcene, for fixteen miles, through n:eep
and lofty mountains. The tide flows a few miles
above Albany. The navigation is fafe^ and per-
formed infloops of about 40 or 50 tons burthen,
extremely well accommodated to the river. About
fixty miles above the city of New York the water
is frefh, and in wet feafons much lod^^^er. The river
is ftored with variety of fifh, which renders a rum-
mer's pafTage to Albany exceedingly diverting, to
fuch as arc fond of angling.
The advantages of this river for penetrating
into Canada, and protefting the Southern Colonies
from the irruptions of the French, by fecuring
the command of the lakes, and cutting off the
communication between the French fettlements on
St. Lawrence and the MifTiffippi, though ^c
lately attended to, mufl be very apparent to every
judicious obferver of the maps of the inland part
of North America. ' ,
S 2 - The
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T H 5 H I 8 TO R y Q F
The French, as appears from the intended in-j
yafion iq '689, have long eyed the £ngl;(h
poffcflion of this province with jealpufy ; and ij
becomes u$ to fall iipon every n^ethod for its pro*;
teflion and defence.
The Angular convcniency of Hudfon*s River tQ
this province in particular, was fo fully (bewn in
cnepfthelatp papers, publifliecl in 1753, undec
the title of Independent Reflcdor, that I pannot
help reprinting the palT^ge relating to it.
" High roads, which, in mofl: trs^ding countries,
are extremely eij^penfiye, and awake a continual
attention for their reparation, demand from us,
comparatively fpeaking, fparce ^ny public notice;
at all. The whole province is contained in twei
narrow oblongs, extending from thv city Eaft
and North, having water carriage frotn thq
extremity of one, and f^om the diftapce of one
hundred and fixty miles of. the otjier j and by
*f the moH: accurate calculation, has not, at ^
*• medium, above twelve niilcs of land carriage,
'* thrdiighouc its whole extent. This is one of
the firongeft motives^o the fettlement of a ne\y
country, as i^ aftbrd^ the eafieH: and moft fpeedy
conveyance from the remotcft diftan(;es, and ap
the loweft expence. The effects of this ad-
vantage are greater ilian we ufually obferve,
*' and are therefore not fufficienily adn^ired.
" The province of Penfylvania hfis a fine foil,
and, through the iniportation of Germans^
abounds wjth inhabitants ; \)\it being a yaft in-
land country, its produce muli, of copfequencc;,
be brought to a market over a great extent of
f -ground, and all by land carriage. Hence it is,
that Philadelphia is crowded with waggons,
carts, ho^fes, and their drivers ; a ftranger, ai;
his firll entrance, would imagine it to be a place
of traffick, beyond any one town in the colo-
nies i while at Neyy-York, in particular, tq
2 which
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*• which the produce of the country is all broiiglit
** by water, there is tiiore bulinefs, at leaft, buli-
*' nefs of proBt, though with lefs (hew and appear-
•' ance. Not a boat in our river is navigated witli
*• more than two or three hieh at mdft i and thtfe
are perpetually coming in from, and returning
to, all parts of the adjacent couhtry, in the
fame employments, that fill the city of Phila-
delphia with fome hundreds of men, who, in
refpeft to the public advantage, may juftly be
faid to be laborioudy idle: for, let any onjc
nicely compute the ejdpence of a waggon, with
*' its tackling *, the time of two men in attending.
it i their maintenance •, four horfcs and the
charge of their provender, on a journey of one«
though they often come two hundred miles y
and he will find thele feVeral particular^ amount
" to a fum far from being inconfiderable. Ail
*♦ this time the New- York farmer is in the cburie
" of his proper bufinefs, and the unincumbered
acquifitions of his calling : for, aty a medium,
there is fcarce a farmer in the province, that
cannot tranfport the fruits of a year*^ labour
from the beft farm in three days, at a proper
feafonj to fome convenient landing, where the
'< market will be to his fatisfadtion, and all the
*• wants from the merchant cheaply fupplied : be-
" fides which, one boat ihall (leal into the harbour
*' of New- York, with a lading of more burden
" and value^ than forty waggons, one. hundred
*' and fixty horfes, and eighty men, into Phila-
'' delphia } and perhaps with lefs noife, bluder,
" or (hew, than one.
•* Prodigious is the advantage We have in this
♦* article alone •, I (hall not enter jnto an abilrufe
** calculation, to evince the afbual value of it, in
" all the lights in which it may be confidered ;^
** thus much is certain, that, barely on account of
•• our cafy carriage, the profits of farming with
S 3 " us.
261
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THE Ht S TOKYO P
us exceed thofe in Penfylvama, at leaft by
thirty per cent, and that difference, in favour
of our farmers, is of itfelf fufficient to enrich
them; while the others find the difadvantage
they are expofed to, (6 heavy (cfpecially the
remote inhabitants of their country), that a bare
fubfiftence is all they can reafonably hope to
obtain. Take this province throughout, the
expence of tranfporting a bulhel of wheat, is
but two pence, for the diilance of one hundred
miles *, but the fa ne quantity, at the like dif-
tance, in Penfyl^ania, will always exceed us
one (hilling at leaft. The proportion between
us, in the conveyance of every thing elfe, is
nearly the fam^. How great, then, are the
incumbrances to which they are cxpofed ! What
an immenfe charge is faved to us ! how fenfible
muft the embarralTments they are fubje^t to be
to a trading people !'*
Long Ifland.
RICHMOND
County cpnfifts of Staten Ifland, which lies
nine miles fouth-weft ward from the city of New-
York. It is about 1 8 miles long, and at a medium
fix or feven in breadth. On the fguth fide is a
confiderable tradt of good level land, but the
Ifland is, in general, rough, and the hills high.
The inhabitants are principally Dutch and French.
The former have a church, but the latter having
been long without a minifter, refort to an fipifco-
pal church in Richmond town, a poor mean vil-
lage, and the only one on the Ifland. The parfbn
of the parifli receives 40I. per annum, raifed by a
tax upon the county.
Southward of the main coaft of this and the Co-
lony of Connedicut, lies Long Ifland, called by
the Indians Matowacs, and named, according to
an A6t of Aflcmbly in King William's reign, Naf-
fau,
t by
ivour
nrich
ntagc
y the
I bare
pc to
c, the
eat, is
rndrcd
:c dif-
:cd us
ctwecn
elfe, is
irc the
What
fcnfible
a to be
tukf. I. N E W - Y O A k»
fau. Its length *: computed at r2o miles, and the
mean breadth twelve. The lands on the north and
fouth fide are good, but in the middle Tandy and
barren. The fouchern (hore is fortified againft any
invafion from the fea by a beach inacceflible to
Ihips, and rarely to be approached, even by the
fmallefl: long-boats, on account of the furge, which
breaks upon it With" great fury, even when the
winds are light. The coaft eaft and weil admits
of regular foundings far into the ocean, and as the
lands are, in general', low for feveral hundred
miles, nothing can be more advantageous to our
ftiips, than the high lands of Neverfink near the en-
trance at the Hook, wnich are fcarce fix miles in
length, and often feen thirty leagues from the fea.
l^his idand affords the fined roads in America, ic
being very level, and but indifferently watered.
It is divided into three counties.
26$
ich lies
)f New-
nedium
de is a
Dut the
Is high.
French,
r having
Epifco-
ean vil-
le parfon
fed by a
the €0-
:allcd by
rding to
n, Naf-
fau.
K 1 N G's
CottNTY lies oppofite to New- York on the north
fide of Long I (land. The inhabitants are al^
Dutch, and erijoyirig a good foil, near our
markets, are generally in eafy circumfiances. The
county, which is very fmall, is fettled in every
part, and contains feveral pleafant villages, viz.
Bulhwick, Breucklin, Bedford, Flat-Bum, Flat-
Lands, New-Utrecht, and Gravefend.
CL U E E N's
CouMTV is more extenfive, and equally well fet-
tled. The principal towns are Jamaica, Hcmp-
ftead, Fluihing, Newtown, and Oyfterbay. Hemp-
ftead plain is a larg^, level, dry, champain heath,
about fixteen miles long, and fix or feven wide, a
common land belonging to the towns of Oyfterbay
and Hempftead. The inhabitants are divided into
S 4 "^ Dutch
^64
THE HIST OR V .0 ?
Dutch and £ngli(h Prefbyterians, iBpircopalians
and Quakers.
There are but two Epifcopal Miflionaries in this
county, one fettled at Jamaica, and the other at
Hempftcad ; and each of them receives 6ol. an-
nually levied upon all the inhabitants. , '
S U F F O L K
Includes all the eaftern part of Long Ifland,
Shelter laand, Filhcr's IQand, Plumb Ifland, and
the Ifle of White. This large county has been
long fettled, and except one fmall Epifcopal con-
gregation, confifts entirely of Englifh Prelbyte-
rians. Its principal towns are Huntington, Smith
Town, Brookhaven, Southampton, Southhold,
and Eadhampton. The farmers are, for the moft
part, graziers, and living very remote from New-
York, a great part- of their produce is carried to
markets in Boflon and Rhode Ifland. The In-
dians, who were formerly numeroDs on this ifland,
are now become very inconfiderable. Thofe that
remain, generally bind themfelves fervants to the
Englifli. The whale fifliery, on the fouth fide of
the iifland, has declined of late years through the
fcarcity of whales, and is now almoft entirely neg-
Icaed.
The Elizabeth Iflands, Nantucket, Martin's
Vineyard, &c. and Pemy Quid, which anciently
formed Duke's and the county of Cornwall,^ arc
now under the jurifdiAion of the Maflachui|tc's
Bay. Sir William Phips demanded them ofvo-
vernor Fletcher in February 1692-3, not ^Ifng
after the new charter to that Province •, but the Go-
vernment here was then of opinion> that that Co-
lony Was not entitled to any iflands weftward of
Nantucket.
An ellimatc of the comparative wealth of our
counties, may be formed from any of our aflcfl*-
ments.
^
CHAP. 2; N E W. Y O R K.
tnents. In a 10,000 1. pare of 345,000 1. tax laid
in 1755, the proportions fettled by an Aft of Af-
fembly flood thus :
New-York,
Albany,
King's, -r-
Qucen's, -
Suffolk,
Richmond,
^ Weft-Chcftcr,
Ulfter, —
Dutchefs,
Orange, —
/• 3332
1060
- 484
- 1000
- 860
304
- 1 00c
- 860
- «oo
- 300
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
;£. 10,000 o o
»«s
^%i
"^^S"
C H A P. II.
Of the I m H A B I T A Jn T s.
THIS province is not fo populous as fome
have imagined. Scarce a third part of it is
under cultivation. The colony of Cqnnedlicuc,
which is vaftlv inferior to this in its extent, con-
tains, according to a late authentick enquiry, above
133*000 inhabitants, and h^s a militia of about
27,000 men-, but the militia of New- York, :ic-
cording to the general eftimate, does not exceed
'i 8,odo. The whole number of fouls is coniputed
at 1 00,000.
Many have been the difcouragements to the fct-
tlement of this colony. The French and Indian
irruptions, to which we have always been expofed,
have driven many families into New-Jerfey. At
home
"*
ments.
t66
Remarks on the
pndticeoftranf- j^
poiting felons
to America. ■
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T H B HI ST d R y P
fioitie, the Britifh afls for the tranfportation at
felons, have brought all the American colonies
into difcredit with the induilrious and honeft poor,
both in the kingdoms of Great-Britain and Ireland*
The ihifchievous tendency of thoft laws was ihewn
in a late paper, v^^hich it may not be improper to
lay before the i eadcr *.
• " It is too well known that in purfuancc of di-
vers ads of parliament, great numbers of fel-
" lows who have forfeited their lives to the public,
for the mod atrocious crimes, are annually
tranfported from home to thefe plantations.
Very furprizing one would think, that thieves,
burglars, pickpockets, and cutrpurfes, and a
*' herd of the moft flagitious banditti upon earth,
** ihould be fetit as agreeable companions to us !
*' That the fupreme legiflature did intend a tranf-
portation to America, for a puniihment of thefe
villains, I verily believe •, but fo great is the
miftake, that confident I am, they are thereby,
on the contrary, highly rewarded. JFor what,
in God's name, can be more agreeable to a pe-
nurious wretch, driven, through ncceffity, to
feek a livelihood by breaking of houfes, and
robbing upon the King's highway, than to be
faved from the halter, redeemed from the ftench
of a goal, and tranfported, pafTage free, into a
country, where, being unknown, no man can
reproach him with his crimes •, where labour is
high, a little of which will maintain him ; and
*' where all his expences will be moderate and
** low. There is fcarce a thief in Englanu, that
** would not rather be tranfported than hanged^
*' Life in any condition, but that of extreme mi-
*' fery, will be preferred to death. As long,
*• therefore, as there remains this wide door of
efcape, the number of thieves and robbers at
home
* The Independent RefleAor.
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CHAP. II. N E W - Y O R K.
26%
u
home, will perpetually multiply, and their de-'
predations be incefTantly reiterated.
" But the adls were intended^ for the better
peopling the colonies. And will thieVes and
murderers be conducive to that end ? What ad-
vantage can we reap from a colony of, unre-
ftrainable renegadoes ? Will they exalt the glory
** of the crown ? or rather, ' will not the dignity of
•' the mpft illuftrious monarch in the world, be
fullied by a province of fubjefts fo lawlefs, de-
tbftable, and ignominous ? Can agriculture be
promoted, when the wild boar of the foreft
breaks down our hedges and pulls up out» vines ?
Will trade flourifli, or manufafhires be encou-
raged, where property is made the fpoil of fuch
who are too idle to work, and wicked enough
to murder and ideal .? ^
•' Befidcs, are we not fubjefts of the fame King,
with the people of England j members of the
fame body politic, and therefore entitled to
equal privileges with them? Iffo, how injuri-
ous does it feem tofree one part of the domi-
ons, from the plagues of mankind, and caft
them upon another ? Should a law be propofcd
to take the poor of one parifti, and billet them
upon another, would not all the world, but the
parifh to be relieved, exclaim againft fuch a
projeft, as iniquitous and abfurd ? Should the
numberlefs villains of London and Weftminfter
be fufFercd to efcape from their prifons, torange
at large, and depredate any other part of the
kingdom, would not every man join with the
fufferers, and condemn the meafure as hard and
unreafonable ? And though the hardlhips upoa
us, are indeed, not equal to thofe, yet the mi-
feries that flow from laws, by no mekns intended
to prejudice us, are too heavy, not to be felt.
But the colonics > muft be peopled. Agreed :
And
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T H E H I S T O R y O I^
" And will the tranfportation afts ever have thai
" tendency ? No, they work the contrary way^
and countcraft their own defign. We want
people, 'tis true, but not villains, ready at any
time, encouraged by impunity, and habituated
*' upon the (lighteft occasions, to cut a man's
throat, foraTmall part of his property. The
delights of fuch company, is a noble induce-
ment, indeed, to the honeft poor, to convey
*' themielves into a ftrange country. Amidft all
our plenty, they will have enough to exercife
their virtues, and ftand in no need of the aflTo-*
elation of fuch, as will prey upon their property^
and gorge themftlves with the blood of the ad-
venturers.* They came over in fearch of hap-^
pinefs ; rather than flarve will live any where^
and would be glad to be excufed from fo afflidk-
** ing an antepart of the torments of helL In rea«
lity, Sir, thefe very laws, though otherwifc de-»
figned, Jiave turned out in the end, the moO:
effectual expedients, that the art of man could
have contrived, to prevent the fettlement of
thefe remote parts of the King's dominions*
They have adtually taken away almoft every
encouragement to fo laudable a defign. 1 ap-i-
peal to fafts. The body of the Englilh -are
(truck with terror at the thought of coming over
to us, not becaufe they have a vaft ocean to
*^ crofs, or leave behind them their friends ; or
'' that the country it ne.w and uncultivated ; but
from the (hocking ideas, the mind mu(b necef*
farily form, of the company of inhuman fa-
vages, and the more terrible herd of exiled
*' malefadors. There are thoufands of honeft
men, labouring in Europe, at four pence a
day, ftarving in fpite of all their efforts, a dead
weight to the refpedive parifhes to which they
belong i who, without any other qusijifications
" than
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thati
way<
want
t any
uated
man's
The
iducc-
onvcy
Jft all
rercife
: aflb-
iperty<
he ad-
F hap*
where^
affli£k-
In rca-
ife de*
moft
could
icnt of
linionst
every
1 ap*
ilh are
ig over
:ean to
dsi or
; but
: necef*
nan fa*
exHed
honeft
>ence a
a dead
ch they
ications
** than
^KA9. II. N E W . Y O R K.
V than common fenfe, health, and ftrength, nntght
f* accutpulate eilates among us, a$ many have
" done already. Thcfe, and not the others, are
•* the men that (bould be fent over, for the better
*' peopling the plantations. Great*Britain gnd
Ireland, in their prefent circ!Lim{knce9, are over?
(locked with them ; and he who would immorr
talize Iiimlelf, for a lover of mankjnd, (hould
concert a fcheme for the tranfportation of the
induftrioudy honeft abroad, and the immediate
punifament of rogues and plunderers at home.
The pale-faced, halfrclad, meagre, and (larved
fkeletons, that are feen in every village of thofe
kingdoms, call loudly for the patriot's generous
aid. The plantations too would thank him for
his aff^daqce, in obtaining the repeal of thofe
laws which, though otherwife intended by the
legiOature, have fq unhappily proved injurious
to his own country, and ruinous to us. — It i^
not longfince a bill paffed the Commons, for th^
employment of fuch criminals in his majefty's
docl^S} as (hould merit the gallows. The defigt^
was good. ItLis confident with found policy,
that all thpfe, who have fotfeited their liberty
and lives to their country, (hould be compelled
to labour the refidue of their days in its fervice.
Put the fcheme was bad, and wifely was the
bill rejcAed by the Lords, for this only reafon,
That it had a natural tendency to difcredic the
King's yards: the conleouences of which miilt
** have been prejudicial to tne whole nation. Juft
" fo oifght we'to reafon in the prefent cafe, and
*' \ye (hould then foon be brought to conclude,
that though peopling the colonies, which was
the laudable motive of the legiflature, be expe-
dient to the publick •, abrogating the trahfpoi:-
tatioh laws, muifbe equally nccelTary."
?^$
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m
The
''"'-J
Other etufsf
that hive pie<
vented the in-
creafe of the
number of in-
habitanttin the
profince*
The langvage.
Mannert of the
j>eoi |e.
THE HISTORY OF
The bigotry and tyranny of fome of our gover-
nors, together with the great extent or their
grants, may alfo be confidered among the difcou-
ragement againft the full fettlement of the pro-
vince. Mod of thefe gentlemen coming over with
no other view than to raife their own fortunes,
jifued extravagant patents, charged with fmall quit
rents, to fucn as were able to ferve them in the
Aifembly ; and thcfe patentees being generally
men of eftates, have rated their lands fo exorbi-
tantly high, that very few poor perfons could
cither purchafe or leafe them. Add to all thefe,
that the New-England planters have always been
difaflredted to the Dutch, nor was there, after the
furrender, any foreign acccffion from the Nether-
lands. The province being thus poorly inhabited,
the price of labour became fo enormoufly en-
hanced, that we have been conftrained to import
negroes from Africa, who are employed in all
kinds of fervitude and trades.
Englifh is the mod prevailing language amongfl:
us, but not a little corrupted by the Dutch dia-
led:, which is (lill fo much ufed in fome coundes,
that (he (herifFs find it difficult to obtain perions
fufficiently acquainted with the Englifli tongue, to
ferve as jurors in the courts of law.
The manners of the people differ as well as their
language. In Suffolk and Queen's county, the
firft fettlers of which were either natives of Eng-
land, or the immediate defcendants of fuch as be-
gun the plantations in the eaftern colonies, their
cudoms are fimilar to thofe prevailing in the Eng-
lilh counties, from whence they originally fprang.
In the city of New- York, through our intercourfe
with the Europeans, we follow the London falhi-
ons i though by the time we adopt them, they
become dilufed in England. Our affluence, during
the late war, introduced a degree of luxury in
tables.
fch(
CHAP. II. . N E W . y O R K. 371
tables, drcff, and furniture, with which wc were
before unacquainted. But ftill we are not fo gay
a people, as our neighbours in Bofton and feveial
of the fouthcrn colonies. The Dutch counties, in
fome mealure, follow the example of New- York,
but dill retain nnany modes peculiar to the Hoi-*
landers.
The city of New-York confifts principally of "
merchants, (hopkeepers, and tradefmen, who fuf-
tain the reputation ofhoneft, punctual, and fair,
dealers. With reipeft to riches, there is not fo
great an inequality amongft us, as is common in
Bodon and fome other places. Every man of in-
duilry and integrity has it in his power to live
well, and many are the inftances of perfons, who
came here diftrefled by their poverty, who now
enjoy eafy and plentiful fortunes.
New York is one of the moft focial places on
the continent. The men coilcdt themfclves into
weekly evening clubs. The ladies, in winter, are
frequently entertained cither at concerts of mufick
or aflemblies, and make a very good appearance.
They are comely and drefs well, and fcarct any of
them have diftorted ftiapes : tinfturcd with a Dutch
education, they manage their Families with be-
coming parfimony, good providence, and lingular
neatnels. The pradicc of extravagant gaming,
common to the falhionable part of the fair lex, in
fome places, is a vice with which my countrywo-
men cannot juftly be charged. There is nothing
they fo generally negleft as reading, and indeed all
the arts for improvement of the mind, in which, I
confefs, we have fet them example. They are mo-
deft, temperate, and charitable j naturally fpright-
ly, fenHble, and good humoured ; and, by the
helps of a more elevated education, would poflcfs
all the accompliftiments defirable in the fex. Our Want ofgond
fchpols arc in the lowcft order j the inftruiftors p|J«« «^ «'^'^a.
wane
"T"^'^^'-"
?7> THEHI8T0RV0P
want in(lru£tion, and through a long (hameful
neglcA of all the arts and fciences, our common
fpeech is extremely corrupt, and the cvi^lences of a
bad tafte, both as to thought and language, are vi-
fible in all our proceedings, publick and private.
The people, both in town and country, are fo^
,ber, induftrious, and hofpitable, though intent
upon gain. The richer fort keep very plentiful
tables, abounding with great varieties ot flefli, fifh,
fowl, and all kinds of vegetables. The. common
^ drinks are beer, cyder, weak punch, and Madeira
wine. For defert, we have fruits in yaft plenty, of
different kinds and various fpecies.
J , Gentlemen of eftatcs rarely refide in the country*,
^nd hence few or no experiments have yet been
^t«ic«iiiirc. piade in agriculture. . The farms being large, our
hufbandmen, for that reafon, have little recourfe
to art for manuring and improving their lands i
but it is faid, that nature has furnilhed us with fuf-
ficient helps, whenever neceflity calls us to ufe
them. It is much owing to the difproportion be-
tween the number of our inhabitants, and the vail
tr^dls remaining (till to be fettled, that we have not,
^nufaattrei. as yet, entered uponfcarce any other manufadtures,
than I'uch as are indifpenfibly necelTary for our
home convenience. Felt-making, which is per-
' haps the moft natural of any we could fall upon,
was begun fome years ago, and hats were exported
to the Weft Indies with great fuccefs, till lately
prohibited by an a6t of Parliament.
The inhabitants of this colony are in general
healthy and robuli, tallc|r, but (horter lived than
Europeans, and, both with refpedt tO their minds
and bodies, arrive fooncr to an age of maturity.
Breathing a ferene dry air, they are more fprightly
in their natural tempers thap the people of Eng-
land, and hence inftances of fuicide ai;e here very
uncon;imon. The hiftory of our difeafes belongs
to
^HAP.iii. *I E W.Y O R K.
»fi
to a profeflion with which I am very little acquaint- 9t»ttofthtfto.
ed. Few phyficians amonp; us arc eminent for «'"«'»•' p**^****
their (kill. Quacks abounalike locufls in Egypt,
and too many have recommended themfelves to a
full pradice and proBtable fubfiftence: This is
the icfs to be wond«:red at, as the profeflloq is un«
ner no kind of regulation. Loud as the call is, to
our fhame be it remembered, we have no law to
protect the lives of the King's fubjedls from the
malpraftice of pretenders. Any man at his pleafure
fees up for phyfician, apothecary, and chirurgeon.
No candidates are either examined or licenfed, or
eveii fwore to fair pradbice*. 1 he natural hiftor/
of this province would of itfelf furniHi a fmall vo-
lume, and therefore I leave this alfo to fuch, asi
have capacity and leifure to make ufeful obferva-
tions, in that curipus and entertaining branch of
liatural philpfophy.
CHAP.
III.
0/ wr T R A D E;
THE (ituation of New- York, with refpeiS: to i^Kvitence ot
foreign markets, forreafons elfewhereaffign- JJ''^J"*'°;/'
ed, is to be preferred to any of our colonies. It lies New Yoric.
in the center of the Britifh Plantations on the Con-
tinent I has at all times a fhort eafy accefs to the.
ocean, and commands almoft the whole trade of
Connedticut and New-Jerfey, two fertile and well
* T&e neceffity of regulating the pra£lice of phyfick/ and a
plan for that parpofe, were ffrongly recomaiended by the ao-
thprof the Independent Reflector, in 17$^* when the city
of NeW'York alone boafted the honuur of having above forty
gentleman of that faculty.
T cuki-
174
r Ht HtSTORY O!^
cultivated colonies. The projcftion of Cape Codd
into the Atlantick, renders the navigation from
the former to Bolton, at fome feafbns, extremely
perilous •, and fometimes the coafters are driven off
and compelled to winter in the Weft Indies. But
the conveyance to New- York, from the eaflward
through the Sound, is fhort and unexpofed to
fuch dangers. Philadelphia receives as little ad-
vantage from New-Jerfey, as Bofton from Connec-
ticut, becaufe the only ritrers which roll through
that Province, difembogue not many miles from
from the very city of New- York. Several attempts
have been made to raife Perth Amboy into a trad-
ing port, but hitherto it has proved to be an unfea-
fible proje^. New-York, all things confidered,
has a much better fuuation j and were it other-
wife, the city is become too rich and confiderable,
to be cclipfed by any other town in its neighbour-
hood.
Our merchants are compared to a hive of bees,
who induftrioufly gather honey for others. — Non
vobis mellificatis apes. The profits of our trade cen-
ter chiefly in Great Britain, and for that reafon,
methinks, among others, we ought always to re-
ceive the generous aid and protection of our Mo-
ther Country. In our traffick with other places,
the balance is almoft conftantly in our favour. , Our
exports to the Weft-Indies are bread, peafe, rye-
meal, Indian corn, apples, onions, boards, ftaves,
horfes, fheep, butter, cheefe, pickled oyfters, beef,
and pork. Flour is alfo a main article, of which
there is fhipped about ' 80,000 barrels per annum.
To preferve the credit of this important branch of
our ftaple, we have a good law, appointing offi-
cers to infpedt and brand every cafk before its ex-
wK?"'"^''' P^'''^^*^"' '^^^ returns arc chiefly rum, fugar, and
molaiTes, except cafli from Curacoa, and when
s mules, from the Spanlfh main, are ordered to Ja-
, maica,
T'sde with
Cie t Britain.
Exports to the
Weft Indies.
Flour.
IS
CHAP. iii. N E W . Y O R K. %f^
irnaica, and the Windward Iflahds, wKich "are ge-
nerally exchanged for their natural produce, for
we receive but little calb from our own iflands.
The balance Jlgainft them would be much more in
bur favour, if the indulgierice to our Sugar Colo-
hies did not enable them to fell their produce at a
higher rate than cither the Dutch or French
iflands.
The Spaniards cdmmonly contraft fof provi- Trade with
(ions with merchants in this and the colony of Pen- ^p""-
fylvania,* very much to the advantage both of the
contradors and the public,.becaufe the returns are
wholly in cafti. Our wheat, flour, Indian corri,
and lumber fliipped to Liibon and Madeira, ba- ^Jg"^/'*^ P''*'
lance the Madeira wine imported here.
The Logwood trade to the Bay of Honduras is Lcgwood:
vtty cOnfiderable, and was, puflied by our mer-
chants with great boldnefs, in the moft dangerous
times. The exportation of flax-feed to Ireland is F;ax feed,
bf late very mucfh increafed. Between the 9th of
December 1755, and the 23d of February follow-
ing, we fliipped off 12,528 hogflieads. In return
for this article, linens are imported, and bills of
exchange drawn, in favour of England, to pay for
the dry goods we purchafe there. Our logwood is
remitted to the Knglifli merchants for the fame ,
purpofe.
The fur trade, though very much impaired by The fur trade.
the French wiles and encroachmentSj ought not to
be pafled over in filence *. The building of Of-
wego has conduced^ more than any thing elfe, to .
the prefervation of this trade. Peltry of all kinds
is purchdfed with rum, ammunition, blankets^
* It is computed^ that formerly we exported 150 hogOieads
of beaver and other fine furs per annum, and 200 hogfheads of
Indian>-dreffed deer- (kins, befides thofe carried ttom Albany in-
to New- England. Skins undrciTed are ufually (hipped to Hol-
land.
- ' , T 2 ftrouds.
^
>Diy gocds ini'
ported from
England.
Tradr with
Han-.butgh and
Hclland.
THEHI8TORYOP
ftrouds, and wampum, or coque-(hell buglet;
The French fur trade, at Albany, was carried on
till the fummer 1755, by the Caghnuaga profe-
lytes } and in return for their peltry, they received
Spanilh pieces of eight, and fome other articles
which the French want to complete their aifort-
,ment of Indian goods. For the Savages prefer the
Englifh (Irouds to theirs, and the French found it
their- iotereft to purchafe them c^ us, and tranfport
them to the Weftern Indians on the Lakes Erie,
Huron, and at the flreight of Mifilimakinac.
Our importation of dry goods' from England is
fo vaflly great, that we are obliged to betake our-
felves to all poITible arts, to make remittances to
the Britifh merchants. It is for this purpofe we
import cotton from Sr. Thomas's and Surinam ;
lime-juice and Nicaragua wood, from Curacoa;
and logwood from the Bay, &c. and yet it drains
us of all the filver.and gold we can colle(5t. It is
computed that the annual amount of the goods
purchafcd by this colony in Great- Britain, is in
value not iefs than 100,000 1. Sterling ; and the
fum would be much greater, if a ftop was put to all
clandeftine trade. England is, doubtlefs, entitled
to all our fupeifluities -, bccaufe our general inte-
refts are clofely conneded, and her navy is our
principal defence. On this account, the trade with
Hamburgh and Holland for duck, chequered li-
nen, oznabrigs, cordage, and tea, is certainly, upon
the whole, impolitic and iinreafonable ; how
much foever it may conduce to advance the inte-
rcft of a few merchants, or this particular co-
lony.
By what meafures this contraband trade maybe
efFeftually obftru6led is hard to determine, though
it well deferves the attention of a Britifli Parlia-
ment. Increafmg the number of cuftom-houfe
officers, will be a remedy worfe than the difeafe.
. ' Their
jCHAP. 111.
N E W - y O R K. V
Their falaries would be ^n additional charge upon
the public ; for if we ^gpc from their con-
du6t, we ought not to prefume upon their fidelity.
The exclufive right of the Eail-India Company to
import tea, while the colonies purchafe it of fo-
reigners 30 ^^r^//. cheaper, muftbevery preju-
dicial to the nation. Our people, both in town
and country, are (hamefully gone into the habit of
tea-drinking; and it is fuppofed we confume of
this commodity in value near io,qoo }» Sterling
per annum.
Some are of opinion that the filhery of ftur-
geqns, which abound in Hudfon's River, might
be improved to the great advantage of the colony ;
and chat, if proper meafures were concerted, much
profit would arife from (hip-building and naval
ftores. It is certain we have timber in vaft plenty, Timber.
oak, white and black pines, fir, locuH, red and
white mulberry, and cedar ; and perhaps there is
no foil on the globe, fitter for the production of
hemp than the low lands in the county of Albany. Hemp.
To what I have already faid concerning iron ore,
a neceffary article, I fhall add an Extrad from the
Independent Refle£iou
" It is generally believed, that this province
abounds with a variety of minerals. Of iron, iron^
in particular, we have fuch plenty, as to be ex-
celled by no country in the world of equal ex-
tent. It is a metal of intrinfic value beyond any
other, and preferable to the pureft gold. The
former is converted into numberlefs forms, for
as many indifpenfible ufes *, the latter, for its
porcablenefs and fcarcity, is only fit for a me-
dium of trade : but iron is a branch of it, and
I am perfuaded will, one time or other, be one
of the moft valuable articles of our commerce.
Our annual exports to Bofton, Rhode-Ifland
*; an4 Connefticut, and fincc the late Ad of Parn
T 3 • liament.
^77
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THE HISTORY OF'
liament, to England, arc far from being incon-
fiderable. The bodies of iron ore in the nor-
thern parts of this province are fo many, their
quality fo good, and their (ituation fo conve.
nient, in refpeft of -wood, water, hearth- ftone,
proper fluxes, and carriage, for furnaces, bloo-
meries, and forges, that with a little attention
we might very foon rival the Swedes in the pro-
duce of this article. If any American attempts
in iron works have proved abortive, and difapt
pointed their undertakers, it is not to be imputtd
either to the quality of the ore, or a defe^ of
conveniences. The want of more workmen, and
the villainy of thofe we generally have, are the
only caufes to which we muft attribute fu^h mif-
carriagcs. No man, who has been concerned ii^
them, will difagree with me if I aflert, that from
the founder of the furnace to the meaneft bankf-
man or jobber, they are ufually low, profligate,
drunken, and faithlefs. And yet, under all the
innumerable difadvantages of iiich inHruments,
very large eftates have, in this way, been raifed
in fome of our colonies. Our fuccefs, therefore^
in the iron manufadory, is obftruded and dif-
couraged by the want of workmen, and the high
price of labour, its neceflary confcquence, ancj
by thefe alone: but it is our happinefs, that
fuch only being the caufe, the means of rcdrefs
are entirely in our own hands. Nothing more
is wanting to open a vaft fund of riches to the
province, in the branch of trade, than the impor-
tation of foreigners. If our merchants and landed
gentlemen could be brought to a coalition in
this defign, their private Interefts would not
be better advanced oy it than the public emolu-
ment : the latter in particular, would thereby
vaftly improve their lands, increafe the number,
and r^ife the rents of their tenants. And I can-
cc
CHAP. HI. N E W-Y O R K.
** not but think, that if thofe gentlemen who are
** too ina<5tive to engage in fuch an. entcrprife,
** would only be at the pains of .drawing up full
" reprefcntations. of their advantages for iron
*« works, and of publifhing them from time to
*' time in Great Britain, Ireland, Germany, and
•' Sweden, the province would foon be fupplied
•' with a fufficient number of capable workmen in
" all the branches of that manufadlory."
The money uicd in this province is filver, gold, Money.
Britiih halfpence, and bills of credit. To coun-
terfereit either of them is felony without benefit of
' clergy j but none except the latter, and Lyon dol-
lars, are a legal tender. Twelve halfpence, till J;**^,^''*'^
lately, paflTed for a (hilling ; which being much
beyond their value in any of the neighbouring co-
lonies, the aflembly, in 1753, refolved to proceed,
at their next meeting, after the ift of May enfu-
ing, to the confideration of a method for afcertain-
ing their value. A fet of gentlemen, in number
feventy-two, took the advantage of the clifcredit
that refolve pyt upon copper halfpence, and on
the 2 2d of December, fubfcribed a paper, engag-
ing not to receive or pafs them, except at the
rate of fourteen coppers to a Ihilling. This gave
rife to a mob, for a few days» among the lower
clafs of people, but fome of them being impri-
foned, the fcheme was carried into execution -, and
cftablifbed in every part of the province, without ' ,
the aid of a law. Our paper bills, which are iflfued Paper Biiu
to ferye the exigencies of the government, were at "'*'"•
firft equal to an ounce of filver, then valued at
eight {hillings. Before the late Spanifh war, filver
and gold were in great demand to make remittan- .
ces for European goods, and then the bills funk,
an ounce of filver being worth nine Ihillings and
threepence. During the war, the credit of our
bills was well lupported, partly by the number of
T 4 prizes
2J9
of
B«o THEHISTORYOP
prtzes taken by our privateers, and the high price
of our produce abroad } and partly by the logwood
trade and the depreciation of the New- England
^paper money, which gave ours a free circulation
through the eaftern colonies. Sinc$ the war, filver
has been valued at about nine (hillings and two-
pence an ounce, and is doubtlefs fixed the/e, till
our imports exceed what we export. To aRifl: His
Majefty for removing the late encroachments of
the French, we have iflued 8o,oool. to be funk in
fliort periods, by a tax on eilates, real and per-
fonal; and the wnole amount of our paper cur-
rency is thought to be about i6o,oool.
. Never was the trade of this province in fo flou-
yifiiing a condition, as at the latter end of the late
Pr'vateirtintht French war. Above twenty privateers were often
*'"^""''**'^* out of this port, at a time-, and they were fuocefs-
ful in their captures. Provifions, which are our
ftaple, bore a high price in the Weft- Indies, The
French, dift reffed through the want of them, gladly
received our flags of truce, though fometimcs they
had but one or two priloners on board, beeaufe they
y^ere always loaded with flour, beef, pork, and fuch-
like commodities. The danger their own vefTels
were expofed to, induced them to fell their fugars
to us at a very low rate. A trade was, at thq
fame time, carried on between Jamaica and the
Spanifh main, which opened a fine market to the
Northern Colonies, and the ^returns were, princi-
pally, in calh. It was generally thought, that if
the war had continued, the greateft part of the
produce of the Spanifli and French fettlcments in
the Weft-Indies would have been tranfported to
Great Britain, through fome one or other of her co-
lonies i whence we may fairly argue their pro-
digious importance.
The Provincial lawr relating to our trade are not
ycry numerous. I'hoiC concerned in them may
have
^MA». IV. N E W . y O R K.
have recourfe to the late Edition of our A6ls at
large, publiihed in 1752 ; and for this reafon, t
beg to be excufed from exhibiting an unentertain-
ing fummary of them in this work.
?9l
TT
CHAP.
IV.
.0/ o«r R E L I G .1 O U S S T A T e;
BY the accolint already given, of the rife an4
progrefs of the adts for fettling a Miniftry in
tour counties^ and the obfervations made concern-
ing our various Chriftian denominations, I have in
a great meafure anticipated what I at firft intended
to have ranged under this head.
The principal diftindlions amongd us, are the
]£pifcopalians, and the Dutch and £ngli(h Prefby- .
terians •, the two laft, together with all the other
Proteftants iq the colony, arefometimes (perhaps
jiere improperly) called by the general name of
Pifrenter^; and compared to them, the Epifcopa- smaii number
lians are, I believe, karce in the proportion of one p/'**^ Ep>fcup»-
rrxT 1 r ' 1 i j*'/* bans i.i compa-
to niteen. ^enpe partly anfes the general dif- riion of the red
content on account of the Miniftry Afts; not fo<»^*^^P«°P***
much that the provilion made by them is en-
grofled l^y the minor fe(5l, as becaufe the body of
the people, ar^ for an equal, univer^l, toleration
of Proteftants, apd utterly averfe to any kind of ,
ccclefiafticaleftablilhment. The Diftenters, though
fearlefs of each other, are all jealous of the Epif.
copal party, being apprehensive that the counte-
nance they may have from home, will foment a
luft for dominion, and enable them, in procefs of
time, to fubjugate and opprefs their fellow-fub-
jefts. The violent meafures of fome of our Go-
yernors have given an alarm to their fears, and if
. ever
':^:J:i!J!miS^^i^
2|«
THE HISTORY OP
^lergy.
ever any other gentleman, who may be honoured
with the chief command of the province, begins
to divert himfelf, by retrenching the privileges and
immunities they now enjoy, the confufion of the
province will be the unavoidable confequence of
his folly. For though his Majefty has no other
fubjefts upon whofe loyalty he can firmly depend,
yet an abhorrence of perfecution, under any of
its appearances, is to deeply rooted in the people
of this plantation, that as long as they continue
their numbers and intereft in the Aflembly, no
attempt will probably be made upon the rights of
confcience, without endangering the public repofe.
The Epifcopai Qf the government of the Dutch churches, I
have already given an account. As to the Epif-
copai Clergy, they are mifllonaries of the Englifh
fociety for Propagating the Gofpel, and ordinarily
ordained by the Biftiop of London, who, having
a commiifion from the King to exercife ccclefiaf-
tical jurifdidion, commonly appoints a clergyman
here for his commiflary. The minifters are called
by the particular churches, and maintained by the
voluntary contribution of their auditors and the
fociety's annual allowance, there being no law for
tithes.
TheEnBiJfli, Thc EngHfli Prefbytcrians arc very numerous.
Thofe inhabiting New-York, New-Jerfey, Pen-
fylvania, and the three Delaware counties, are re-
gularly formed, atter the manner of the church of
Scotland, into confiftories or kirk feffions, pref-
byteries and fynods, and will probably foon join
in erefting a general aflembly. The clergy are or-
dained by their fellows, and are maintained by
their refpedlive congregations. Except thofe mil-
fionaries among the Indians, whofe fubfiftence is
paid by the Society in Scotland for propagating
Chriftian Knowledge. None of the Prelbyterian
churches in this province are incorporated, as is
the
jPreibyterians.
»M
fCOft'
PHAF. IV. N E W - y O R K. .
the cafe of many in New Jcrfcy. Their judica-
tories arc upon a very pfoper cftablifhment •, for
they have no authority by Icg^al fandtion to enforce
their decrees. Nor indeed is arv religious fedb,
amongft us, legally invefted wic powers preju-
dicial to the common privileges of the red. The
dominion of all our clergy is, as it ought to be,
merely fpiritual. The Epifcopalians, however, Th« Epift-^.
ibmetimes pretend, that the ecclcfiaftical eftablifti lh",E"h",'*ch
ment in South Britain extends here •, but the whole of En^und \%
body of the Diflenters are averfe to the doarine. jJ^prJllnce
The point has been dilputed with great fervour, of New- York,
and the fum of the arguments againft it is con-
tained in a late paper, which I (hall lay before the
reader, at large, without any additional reflec-
tions. .
It was publiftied in September 1753, under the
title of the Independent RefieSfor^ and is in thefe
words:
fbe Arguments m Support of an Ecclefiafiical Eftab- Confutation of
' lijhment. in this Province, impartially confidered'^^'^''''''^''"''
{ind refuted, . " .
Eripe turpi
Collajugo: liber, liber fum, die age. Hor.
Whether the church of England is equally
cftabliftied in the colonies, as in the fouthern parts
of Great-Britain, is a queftion that has often been
controverted. Thofe who hold the affirmative,
have drawn a long train of confequences in favour
of the Epifcopalians, taking it for granted, that
the truth is on their fide. The Prefbyterians,
Indeptfndents, Congregationalifts, Anabapiifts,
Quakers, and all thofe among us, who in England
would fall under the general denomination of Dif-
fenters, are warm in the negative. I t>eg leave,
fherefore, to iiiterpofe in the debate ; and as I
promifed.
•H
THEHISTORY OP
promtfed, in the introdiiAion to thefe papers, to
vindicate the religious, as well as civil, rights and
privileges of my countrymen, I fhall devote this
paper to a connderation of fo important a point :
to which I am the more (Irongly inclined, becaufe
fuch eftablifhent has often been urged againft the
fcheme I have propofed for the conftitution of our
college. My opinion is, that the notion of a
general religious edablifhment in this province is
entirely groundlefs. According to the ftrift rules
of controvcrfy, thc^»K/ prohandi, or the burden
of the proof, lies'upon thofe who affirm the pofi-
tion } and it would therefore be fufficient for me
barely to deny it. 1 Ihall^ neverthelefs, wave the
advantage of this rule of the fchools ; and, as
bercomes an impartial advocate for truth, proceed
to ftate the arguments, which are generally urged
> in fupport of an eftablifhment. I fhall then fKew
their infufficiency, and conclude with the particular
reafons upon which my op>nion is founded.
They who aflert, that the church of England is
eftablifhed in this Province, never, that I have
heard of, pretended that it owes its eftablilhmenc
to any Pro /Incial law of our own making. Ncr,
indeed, is there the leaft ground for fuch a fuppo-
pofuion. The ads, that e{labli(h a Miniftry in
this, and three other counties, do not affefb the
whole colony *, and therefore can by no means be
urged in fupport of a general eftabliftiment. Nor
were they originally defigned to eftabHfh the Epif-
copalians in preference or exclufion of any other
Proteftants in thofe counties to which they arc li-
mited, fiut as the propodtion is, that the efta-
blifliment of the church of England is equally
binding here, as in England ; fo, agreeable there-
to, the arguments they adduce are the following ;
Firji^ That as we are an Englifh colony, the
conftitutional laws of our Mother Country, ante-
cedent
CHAP. IV.
N E w - y o
«•*
art
)incling
his
C(
cedent to the Irgiflature of on own,
upon us t and therefore at the \j I'ing of
lony, the Knglifh religious eftablifhmenc imi.
diately took place.
Secondly, That the adl which cftabliflied the Epii
copal church in South Britain, previous to the
Union of England and Scotland, exttnds to, and
equally affefts, all the colonies.
Thefe arc the only arguments that can be offer-
ed with the lead plaufibility, and if they are (hewn
to be inconcluliv , the pofition is difproved, and
the arguments of confequence muft be imperti-
nent and groundlefs. I inall begin with the rxd-
mination of the firft : And here it muft be con-
feffed, for undoubted law, that every new colony,
till it has a legidature of its own, is, in general,
fubje<5t to the laws of the country from which it
originally fprang. Biit that all of them, without
diftindtion, are to be fuppofed binding upon fiich
planters, is neither agreeable to law nor reafon*
The laws which they carry with them, and to
wjtich they are fubjeA, are fuch as are abfolutcly
ncceflary to anfwer the original intention of our
entering into 9 ftate of fociety. Such are requifuc,
in their pew colony ftate, for; the advancement of
their and the general profperity •, fuch, without
which they will neither.-be pr6te^ed in their lives,
liberty, or property : and the true reafon of their
being confidered, even fubjeft to fuch laws, arifes
from the abfolute neceflity of their being under
ibme kind of government, their fupporting a co-
lony relation and dependence, and the evident Bi-
nds of their fubjeftion 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 ad of parliarocpt which we think reafon -
able and fit for u?, though it was neither defigned
to be a law^upon us, nor has, words to include us,
V and
+HErfl0TORYOP
and has even, been enaAed long fince we had il
Icgiflature of our own. , This is a pradice we have
introduced for our conveniency * ^ but that the
Fnglifh laws, fo far as I have diflinguifhed them,
ihould be binding upon us, antecedent to our
having a legiQature or our own, is of abfolute un^
avoidable neceffity. But no fuch neceflity can be
pretended, in favour of the introduction of any re-
ligious efVablifhment whatfoever ; becaufe, it is
evident that different focieties do exift with diflferent
ecclefiaftical laws s or, which is fufficient to my
purpofe, without fuch as the £ngli(h cftabltfh-
ment ; and that civil fociety, as it is antecedent to
any ecclefiaftical eQablifhments, is in its nature un-
conncdlcd with them, independent of them, and
all fecial happinels completely attainable without
them.
Secondly, To fuppofe all the laws of England,
without di(\in(5tion, obligatory upon every new
colony at its implantation^ is abfurd; and would
effedually prevent the fubjefts from undertaking
fo hazardous an adventure. Upon fuch a fuppofi-
ticn a thouland laws will be introduced, inconfift*
ent with the (late of a new country^ and deftruc-
tive of the planters. . To ufe the words of the late
Attorney-General, Sir Dudley Ryder *» " It would
•* be a<fling the partf of an unfltilful phyfician, who
" (hould prefcribe the fame dofe to every patienr,
" without diftinguifliing the variety of diftempers
" and conftitutions." According to this doftrine,
we are fubjeft to the payment of tithes, ought to
have a fpiritual court, and impoverifhed, as the
firft fettlers of the province muft haVe been, they
Ivere yet liable to the payment of land-tax. And
had this been the fenfc ot our rulers, and their con*
du6b conformable thereto^ fcarce ever would our
* This praflice is very dangerous, and is afl'uming little lefs
than a legiilacive authority.
colonics
And
CHAP. IV. N E W . V O R K.
colonies have appeared in their prefent flourifhing
condition % efpecially, if it be conndered, that the
fird ieitlers of mod cf them, fought an exemption
in thcfe American wilds, from the eftablilhirient to
which they were fubjeft at home.
Thirdly ^ !f the planters of every new colony carry
with them ihe eftablifhed religion of the country
from whence they migrate, it follows, that if a
colony had been planted when the Englilh nation
were Pagans, the ellablifhment in-fuch colony mult
be Paganifm alone : and, in like manner, had this
colony been planted while Popery was cftablilhed
in England, the religion of Papilts muft have been
our ellablifhed religion ; and if it is our duty to
conform to the religion eftablilhcd at home, we
are equally bound, againft Confcience and the
Bible, to be Pagans, Papiftf?, or Proteftants, ac-
cording to the particular religion they (hall pleafe
to adopt. A dodlrine that never can be urged, but
with a very ill grace indeed, by any Proteftant Mi-
ni Her !
Fourthly^ If the church of England is eftablifh-
ed in this colony, it mull either be founded on adls
of parliament, or the common law. That it is
not eftablilhed by the firft, 1 Ihall prove in the
fequel ; and that it cannot be eftabliflied by the
common law, appears from the following confi-
derations.
The common law of England, properly defined*
confifts of thofe general laws to which the Englifli
have been accuftomed, from time whereof there is
no memory to the contrary ; and every law deriv-
ing its validity from fuch immemorial cuftom, muft
be carried back as far as to the reign of Richard I.
whofe death happened on the 6th of April, i [99,
• Afterwards lord Chiefjttftice of the King's Bench. Thefe
were his wtirds, in an opinion againll the extent of ch« Aatute
of frauds and t>^rjuri€s.
But
««7
• ■:*
m
T If E kis t o k y 6 ^
But theprcfentcftablilhment of the church df Eng-
land was not till the 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, fincc it depends, not for its validity
upon cudom immemorial. And therefor^, though
it be admitted, that every Englilh colony is fubjeft
to the common law of the realm, it by ho means
follows, that the church of England is cftabliflied
in the colonies ; becaufe, the common law knows
of no religious eftablilhment, nor confiders any
religious eftablilhmenc whatever, as any part of
the Englilh Conftitution. It does, indeed, encou-
rage religion ; but that, and a particular church
government, are things entirely different.
I proceed now to a confidcration of the fecond
argument infitted on, to prove an Epifcopal eftab-
liihment iq. the colonies, founded on the ad which
cftablifhed the church of England, paffed in the
fifth year of Queen Anne, recited and ratified irf
the Aci for an union of the two kingdoms <7^ England
and Scotland. And that this adt does not eftab-
liih the church of England in the colonies, ha^
been fo fully Ihewn by Mr. Hobart *, in his Se
cond Addrefs to the t,pifcopal Separation irt Nev(r-
England, that I (hall content myfelf with an ex-
trad from the works of that ingenious gentleman,^
which, with very little alteration, is as follows :
" The ad we are now difputing about, waff
made in the fifth year of Queen Anne, and is en-
titled, ' An Ad tor fecviririg the Church of
England, as by law cftablilhed.' The ocCafiori
" of the ftatute was this : The Parliament irt Scot-
land, when treating of an Union with England,
were apprehenfive of its endangering their ec.
\ , . ~
* A Miniller of one of the churches^ at Fsirfield, in Con-
BcAicut,
** clefiafticai
cc
cc
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ct
to
nne.
It of
from
i bef
lidity
ough
bjea:
neans
iifticd
nows
i any-
art of
ncou-
hurch
fecond
cftab-
which
lin the
ied irf
igland
cftab-
:l, had
lis Se
Nev<r.
IS cn-
I'm Con-'
iadicai
6hap. iv. N E W-Y 6 i* ^
*' clefiaftical eftablifhment. Scotland was to have
** but a fmall Ihare in th^ legidature of Great Brir
*• tain, but forty-five MemDcrs in the Houfe of
*' Commons, which confift of above five hundred,
and but fixteen in the tioufe of Lords, which,
then donfilled of near an hundred, and might be.
'* increafed by the Sovereign at pleafurc. The Scots*
** therefore, to prevent having their ecclefiaftical
eftablilhment repealed in a Britifh Parliament*
where they might be fo eafily out-voted by the
Englifh Members, pafled an afl previous to the
Union, eftablifhing the Preft>yterian church
within the kingdom of Scotland, in perpetuity,
*' and made this a6t an cflential and fundamental
patt of the Union which might not be repealed,
or altered by any fubfequeht Britilh Parliament j
and this put the Englifh Parliament upon pafiing
this a£t for ^ feicuring the church of England.
Neither of them defigned to enlarge the bounds
of their ecclefiaftical conftitution, or extend theic
cftablilhmeht farther than it reached before,
but only to fecure and perpetuate it in its then
prcfcnt extent. This is evident, not only from
the occasion of the a<5t, but from the charitable
temper the Englifh Parliament was under the
influence of, when they pafled it. The Lord
North and Grey offered a rider to be added to
the bill for an Union, viz. That it might not cxr
tend to an approbation or acknowledgment of
the truth of the Prefbyterian way of worfhip,
or allowing the religion of the church of Scot-
land to be what it is fliled, the true Proteftant
religion. But this claufe was rejeded. A
" Parliament that would acknowledge the religion
" of the church of Scotland, to be the true Pro-
teftant religion, and allow their afts to extend
to an approbation of the Prefbyterian way of
worfhip, though they might think it beft to fe-
U '* cure
28^
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tHEHlSTORVOif
cure and perpetuate the church of England
within thofe bounds^ whferein it was before
eftablifhed, can hardly be fuppofed to have
defigncd to extend it beyond them.
*« The title of the adl is exadlly agreeable to
what we have faid of the deflgn of it, ?ind of
the temper of the Parliament that paflcd it.
It is entitled, • An Aft* not for enlarging, but
• for fecuring the church of England/ and
that not in the American pkntatiohs, but as it
is now by law eftablifhed ; which plainly means
no more than ro perpetuate it within its anci^r.;
boundaries.
" The provifion made in the aft itfcif, is well
adapted to this defign •, for it enafts. That the
aft of the 13th of Elizaoeth, and the Aft of
Uniformity, pafTed in the i gth year of Charles
II. and all and fmgular other Afts of Parlia-
ment then in force for the eflablifhment and
prefervation of the church of England, fhould
remain in full force for ever •, and that every
fucceeding Sovereign fhould, at his coronation,
take and fubfcribe an oath to maintain and pre-
ferve inviolably the faid fettlement of the church
of England, as by law eftablifhed, within the
kingdoms of England and Ireland, the dominion
of Wales, and town of Berwick upon Tw«ed,
and the territories thereunto belonging. This
aft doth not ufe fuch exprefTions, as would have
been proper and even neceffary, had the defign
been to have made a new eftablifhment; butonly
fuch as are proper to ratify and confirm an old
one. The fettlement, which the King is fworn
to prcferve, is reprefentcd as exifting previoufly
to the pafTing this aft, and not as made by it*
The words of the oath are, to maintain and pre-
ferve inviolably the faid fettlement. If it be
afkcd, what fettlement ^ The anfwcr muft be,
■ a fct-
CHAP. IV.
N E W - V O R K.
291
rland
efore
have
le to
ndof
bd it.
r, but
' and
; as it
means
nicifr.;
is well
hat the
Aft of
C^harlcs
Parlia-
;nt and
(hould
t every
mation,
md pre-
church
hUi the
)minion
Tweed,
this
lid have
defign
butonly
an old
is fworn
evioufly
de by \U
and pre-
f it be
uft be,
a fct-
«(
<c
(S
«
«c
«« a fettlement heretofore made and confirmed by ,
" cci lain ftatutcs, which for the greater certainty
** and fecurity are enumerated in this a£b, and
** declared to be unalterable'. This is the fettle-
•' ment the King is fworn to preferve, and this
*' fettlement has no relation to us in America.
** For the ad, which originally made it, did not
** reach hither i and this &&, which perpetuates
'* them, does not extend them to us.**
It is a miftake to imagine, that the word terri-
tories neceffarily means thefe American colonies.
Thefe countries are ufually in law, as well as
other writings, fliled colonies or plantations, and
not territories. An inftanceof this we have in
the charter to the Society for propagating the
dofpel in foreign Parts." And it is the inva-
riable praftice of the legiflature, in every aft of
parliament, both before and after this aft, defigncd
to aflPeft us, to ufe the words colonies or plan-
tations. Nor is it to be fuppofed, that, in fo im-
portant a matter, words of fo direft and broad an
intent would have been omitted. " The iflands
*• of Jerfty and Guernfey were properly territories
" belonging to the kingdom of England, before
** the Union took place i and they ftand in the
** fame relation to the kingdom of Great Britain
•* fince. The church of England was eftabliflied
*' in thefe iflands, and the legiflature intended to
perpetuate it in them, as well as in England it-
fclf i fo that as thefe iflands were not particularly
named in the aft, there was occafion to ufe the
word territories, even upon the fuppofition,
that they did not defign to make the eftablifti-
ment more extenfive than it was before this law
paffed.** Further, in order to include the plan-
tations in the word territories, we mufl: fuppofe it
always to mean every other part of the dominions
not particiilarly mentioned in the inftrument that
, " " U 2 ufcs
'«4
• I
4t
cc
tc
«(
i^s
T tit llrSTORVOF
tiles i(, which is a coftftrii<!tion that can neveV be
admitted ;.for, hence it will follow, that thofe com-
xtiifTions which give the government of a colony,
and the territories thereon depending in America
(and this is the cafe of every one of them) extend
to all the American colonies, and their governors
muft of confequence have reciprocal fuperintenden-
cies } and (houid any commifTion include the word
territories generally, unreftrifted to America, by
the fame conftruftion the Governor, therein men-
tioned, might exercife an authority under it, not
only in America, but in Africa and the Indies, and
even in the kingdom of Ireland, and perhaps, in
the abfence of the King, in Great Britain itfelf.
Mr. Hobart goes on, and argues^ againft the efta-
blifhment from the light in which the Aft of Union
has, ever fince it was pa0ed,' been confidered^
« Dr. Bifle, Bifhop of Hereford (fays he) a
** member of the fociety, preached the annual
*' fermon, February 21, 1717, ten years after the
** Aft of Union took place -, and he fays, it would
*' have well become the wifdom wherewith that
great work (the reformation or eftablifhment of
the church of England) was condufted in this
kingdom, that this foreign enterprifc (the fet-
*' tlement of plantations in America) alfo (hould
" have been carried on by' the government in the
•• like regular way. But he owns the government
•' at home did not interpofe in the cafe, or eftablifli
•• any form of religion for us. In truth (fay3 his
*' Lordftiip) the whole was left to the wifdom of
•* the firtt proprietors, and to the conduft of every
•« private man/ He obferves, that of late years
•' the civil intereft hath been regarded, and the
*• dependance of the colonies, on the Imperial
•* Crown of the realm, fccured : but then, with
regard to the religion of the plantations, his
Lordfliip acknowledges, that the government
<c
<c
«c
<(
IC
((
•-^-^
i(
CHAP. IV. N E W - y O R K.
•« itfelf here at home, fovereign as it is, and in-
«* vetted doubtlcfs with fufficieht authority there,^
" hath not thought fit to interpofe In this matter,
** otherwife than in this charitable way : it hath
*' enabled us. to afk the benevolence of all good
Chriftians towards the fupport of Miflionarief
to be fent among them. Thus Bifliop Biiie
thought as I do, and that the A6t of Union,
♦' nor any other law prior thereto, did extend the
*' ettablifhment to the plantations } and if the fo-
*' ciety had not been of the fame opinion, they
*' would hardly have printed and difperfed his fer-
•^ mon. Neither did the civil rulers of the nation,
** who may juftly be fuppofed acquainted with its
•* laws, think the Aft of Union, or any other
*« law, eftablilhed the church of England in Ame-
•« rica. This is plain froni the letter of the Lords
«< Jufticcs to Governor Dummer, in the year 1725,
«* almott twenty years after the Union, wherein
" they fay, there is no regular eftablilhment of
*' any national or provincial church in thefe plan*
♦* tations.
** If it be urged, that the King's commiflion to
'« the late Bilhop of London, proves an ecclefi-
** aitical ettablifhment here, it is fufficient to an-
**• fwer, that his Lordlhip was remarkable for (kill
♦• in the laws, fo far as they relate to ecclefiaftical
" affairs, as appears from his Codex; and he was
*• of the contrary opinion, for in his letter to Dr.
*« Colman, of May 24, 1735, he writes thus;
*( My opinion has always been, that the religious
'* ftate of New-England is founded in an equal
•* liberty to all Protettantsj nbne of which can
** claim the name of a national ettablilhment, or
** any kind of foperiority over the rett. This
'« opinion the Bilhop gave not only fince the Aft
f* of UnioD^ but even ,feven years after he had
y a:eccived his commiflion % and fiircly it mutt be
m
ijtfi^
■fj
Uj
♦' admi;-
»94
THEHISTORYOF
*^ admitted^ that as he had time enongh to con?
** fidcr it, fo he, of all others, beft undcrftood it."
Thus hr Mr. Hobart. With rcfpeft to the A6t
of Union, I beg leave only to fubjoin. that it is
highly probable the Scotch Parliament believed the
Englifh intended to edablifh their church only in
England. For in the clofe of the a£t, by which
they had eftablifhed the Prclbyterian churCh in
Scotland, it is declared in thcfe exprefs words.
That the Parliament of England may provide for
the fecurity of the church of England, as they
think expedient, to take place within the bounds
of the faid kingdom of England. And whatever
latitude thv word kingdom has in common fpcech,
it, in a legal fenfe, is limited to England, properly
fo called, and excludes the plantations.
Nor can we fuppofe, that the church of Eng-
land is eftablifhed in thefe colonies, by any adbs
prior to the A(St of Union above conHdered. For
oefides the feveral opinions againfl fuch fuppofition
already adduced9 it is unreafonable to imagine,
that if there was any fuch eftablifhment. King
Charles II. in dired repugnancy thereto, fhould
have made the grant of Penfylvania, and given
equal privileges to all religions in that province,
without even excepting the Roman Catholicks ^
and that the colonies of Rhode-Idand, Connecticut,
and the MafTachufets Bay, (hould be permitted to
make their provincial ellabliftiments, in oppoHtion
to an antecedent eftablifhment of the church of
England, efpecially as the laws of the Maflachufets
Bay province are conHantly fent home, and the
King has the abfolutc power of repealing every
aft he Ihould think improper to be continued as
a law. Whoever, therefore, confiders this, and
that the King is fworn to preferve'thc churckof
England eftabliflimcnt, ^muft' neceflarily conclude,
that whatever fentiments may obtain atppng the
Epifco;-
CHAP. IV.
N E W-Y O R K.
««
£pircopaliau)s in America, our Kings and their
Councils have always conceived that fuch eftablilh-
ment could by no means be extended to us. As
to Conne^icut, all the Epifcopalians of that colonjr*
and even their Miniders, were legally compellable
to contribute to an annual tax for the fupport of
the congregational clergy, till of late they were
favoured with a law which grants them a privilege
of exemption from that iniquitous and unreafon-
able burden. But whether they arc fubjedt to the
like unchrlftian impofitjon in the other colonies
above-mentioned, I am not fufHciently acquainted
with their laws to determine *.
The 13th number of the Watch Tower pub-
lifh^ at New- York in 1755, cfpoufes the fame
fid< with the author of the Refledtor, adds feveral
new arguments, and the opinions of eminent coun-
fel at law, and confiders the force of what is ad-
vanced by the late Dr. Douglafs in favour of his
potion, that the religious (late of the American
plantations is an univefal toleration ofProteftants
of every denomination.
The Clergy of this province arc, in general, but condition of the
indifferently fupported : it is trqc they live eafily, ^^"*^*
but few of them leave any thing ta their children.
The Epifcopal Miflioners, for enlarging the fphere
of their fecular bufinefs, not many years ago at-
tempted, by a petition to the late Governor Clin-
ton, to engrofs the privilege of folemni^ing aU mar-
riages. A great clamour enfued, and the attempt
was abortive. Before that time the ceremony was
even performed by Juftices of the Peace, and the
Judges at Law have determined fuch marriages to
* I believe there it no juft caufe for the complaints tranf-
mitted by the Miffionaries. Dr. Douglais afligns feveral in-
ftancctfof grofs miireprcfentations and falihoods.— Vide his
Summary, ^A Vol. p. 139. Bofton Edit. 1753, and th«
WaK|i Tower, I4o. XU. publtflied at New-York ia 1755.
U
be
2g6 THEHISTORYOP
fem*nTz*e m»r-' ^* '^8*'' ^^^ GoVCmOr's HccnfcS HOW rUH t^
Tiagei are gr.nt- " AH Protcftant Miniftcfs of the gofpeU*' Whether
uCjUZ {he JufticesVt ft,ll when the banns are publUhed
m our churches, which is cuitomary only with the
poor, I have not been informed. Marriage in a
new country ought to have the higheft encourage-
ments, and it is on this account, perhaps, that we
have ho provincial law againft fuch as are clandes-
tine, though they often happen, and, in fonie
cafcfi, are attended with confequeilces equally me-
lancholy and mifchievous. ' ♦ '
Namiitr of thp As to the number of our Clergymen, it is large
""' enough at prefent^ there being but few fettlements
unfupplied with a miniftry, and fome fuperabouncj.
tn matters of religion we are not fo intelligent, in
general, as the inhabitants of the New England
\ ^ colonies ; but both in this refpeS: and good morals,
we certainly have the advantage of the foutherh
provinces. One of the King*s inftrudipns to
our Governors, recommends the iriveftigation of
means for the converfion of Negroes and Indians.
An attention to both, efpecially the latter, has been
Neg^sence of too little regarged. If the Midionaries of the
MiiHonlirieltith ^nglifh focicty for propagating the Gofpel,lnftead
sefpea: to thd of being ieated in opulent chriRianized towns, had
been fent out to preach among the Savages, un-
fpeakable, political, advantages would have flowed
from fuch a falutary meafure.. Dn Douglafs, a
fenfible immethodical writer, often incorrect, ex-
pe6ts too much*: befides, he treats the Miflib-
naries with riidenefs and contempt, and lalhes
their indolence with unmerciful ^crimony.
* <* O'or young Miflionaries may procare a perpetnal al-
liance and commercial advantages with the Indians, Which
the Roman Catholic Clergy cannot do, bccaufe they are
forbid to marry. I mean our Mifitoharies nny intermarry
with the daughters of the Sachems^aRd other confiderable In-
dians^and their progeny will for ever be a /certun ceitient Die*
tween us and the Indians." Dougl. Sum. C^«t Vol. a. p. 139.
BoftonEdit.i7s3.» ; C H A K
converfion of the
Indians to Chri.
^ fiiaaity.
<c
«f
<t
<(
<(
«i
((
CPAf. Y.
N E W - Y O R K.
197
s, a
cx-
C H' A P. V.
»«•■-,
TJbe Political Stat I.'
TILd colony, as a part of the King's domU .
hions, is fubjeft to the controul of the Bri-
tilh Parliament, but its more immediate govern-
ment is veiled in the Governor, Council and Ge-
neral Affembly.
The Governors in Chief, who are always ap-
pointed by the King's commiflion 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 Dan vers Olborn ;
G E O R G E the Second, by the grace of God, 7„|l'LfZ""'''
of Great Britam, France, and Ireland, King, De-
fender of the Faith, and fo forth. To our trufty
and well beloved Sir Dan vers Ofborn, Baronet^
greeting. Whereas we did by our letters patent
under our Great Seal of Great Britain, bearing date '
at Weftminfter the third day of July, in the 1 5tli
year of our reign, conftitute and appoint the Ho-
nourable George Clinton, Efq. Captain General
and Governor in Chief in and over our province of
New- York, and the territpries depending thereon
in America, 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 def^r- 5<<v^c4»»<"» «f
t i t t r r 1 1 11 the patent of the
mmfd, and by thele preients do revoke and detev- uft Governor. -
mine, the faid recited letters patent and every
claufe, article, and thing therein contained. And
further know you^ that we, repofing efpecial truft
and confidence in the prudence, courage, and loy-
alty.
Appointment
of the new Go
vernor.
2gi THEHI8T0RY0F
alty, of you, the faid Sir Danvers Ofborn, of our
efpecial grace, certain knowledge, and mere mo*
tion, have thought Ht to conftitute and appoint you,
the faid Sir Danvers Ofborn, to be our Captain
General and Governor in Chief in and over our
province of New- York, and the territories depend-
ing thereon in America : and we do hereby require
and command you to do and execute all things in
due manner that (hall belong unto your faid com*
mand, and the truft we have repofed in you, ac-
cording to the feveral powers and diredtions grant-
ed or appointed you by this prefent commiffion
jind the inftruflions herewith given you, or by
fucb further power Si * inftruftions, and authorities,
asjhall at any time hereafter be granted or appointed
you under ourjignet andftgn manual^ or by our order
in our Privy Council, and according to fuch rea-
fonable laws and ftatutes as are now in force, or
. hereafter (hall be made and agreed upon by you,
with the advice and confent of our council and th£
^flembly of our faid province under your govern-
ment, in fuch manner and form as is hereafter ex-
^^ prefled, And our will arid pleafure is, that you
the faid Sir Danvers Ofborn, after the publication
. of thcfe our Letters Patent, do in the firft place
take the oaths appointed to be taken by an a6b
paflcd in the firft year of our late royal father's
Thofe appointed rcign, intituled, ** An aEl for the further fecurity
|>>Sut.i.Cco.I. /. ; • 7i>r • /I » \ /• T \. l\i r
of his Maj^efiy s perfon ana government , and the fuc-
. cejfion of the Crown in the heirs of the late Princefs
Sophia, being Protejiants^ and for ex^fnguijhing the
hopes of the pretended Prince of Wales, and his open
andfecret abettors " as alfo that you make and
Jai'nftTiTnflb- ^^^^^ribc the declaration mentioned in an aft of
fta.,tiation,men- Parliament made in the twenty-fifth year of t"he
n.'clr/ii!'''' ''*^'g" of King Charles the Second, intituled, ". Jn
* !^ertf Whether fuch powers would be legally delegated
b/ an inllrumeat qnder the King's Si|;a^t aad 3iga Manual ?
M
Oathi to
taken by
Governor.
our
mo-
you,
aa'm
our
lend-
^luire
giin
com-'
I, ac-
jrant-
liffion
jr by
tritics,
>ointed
order
;h rca-
ce, or
y you,
ndth»
ovcrn-
tcr cx-
at you
cation
place
an a£t
'ather*s
fecurity
he fuc-
rincefs
Ung the
his open
ke and
aft of
of fhe
3, ". A»
delegated
Mlanual ?
M
CHAP. V. N E W . Y O R K. 899
4i5i for preventing dangers which may happen from
Popifh Recufants j" and likcwifc that you take the
ufual oath for the due execution of the office and o*«i»«f o«<«'
trud of our Captain General and Governor in
Chief in and over our faid province of New- York,
and the territories depending thereon, for the due
and impartial adminidration of juftice ; and fur-
ther that you take th^ oath required to be taken by Oathconeemmg
Governors of plantations to do their utmoft that'^"'****^"*^*'
the f^veral laws relating to trade and the plantations
be pbferved ', which faid oaths and declaration our
council in our faid province, or any three of the .
members thereof, have hereby full power and au-
thority, and are i'cquireJ, to tender and ad minifter
unto you» and in your abfence to our Lieutenant
Governor, if there beany upon the pfece; all which
being duly performed you (hall adminifter unto each oau to be ta,
pf the members of our. faid covincil, as alfo to our Memb/a S'th*
Lieutenant Governor, if there be any upon the Counci.
place, the oaths mentioned in the faid aft, intituled,
•* jin a£i for the further fecurity of his Majeftfs
perfon. and government, and the fucc(iffion of the Crown
in the heirs of the late Princefs Sophia, being Pro- Thofeappoint**
tenants, and for extinguifhing the hopes of the pretended gco. i!** '*
Priftce of VJ aks, and his open and fecret abettors \*
, as alfo to caufe them to make and fubfcribe the
afore- mentioned declaration, and to admini(l-er to DecUrat'on
. them the oath for the due execution of their places jS^JihTf'olfirt.
and trufts. And we do hereby give and granp *
unto you full power and authority to fufpend any ^°''" "' J*^'
-,' !/♦ r-j -ir f ' pending the
of the members or our laid council from fitting. Members of ih^
voting, and afiifting therein, if you fhall find juft^"*"*'"-
caufe for fo doing; and, if there Ihall be any
Lieutenant Governor, him likewife to fufpend
f'rom the execution of his command, and to ap-
point another ill his ftead until our pleafure be
known i and if it fnall* at any time happen that
by the death, dep,.rcme oj^i of our faid province.
joo THEHISTORVOF
or fufpennon of any of our faid councillors, or
otherwife, there (hall be a vacancy in our faid
council (any three whereof we do hereby appoint
to be a quorum) our will and pleafure is, that you
(ignify the fame unto us by the fird opportunity,
that we may under ourHgnet and fign manual con-
p«w« trt ip. ftitute and appoint others in their ftead. But, that
trir\iif°!"e '' our affairs may not fuffer at that diftance for want
namber of the ©f a due Humbcr of councillors, if ever it (hould
Member* u ft- i^j^ppg^ ji,^^ j^g^e be Icfs than feven of them
refiding in our faid province, we do hereby give
ahd grant unto you, the faid Sir Danvers Ofborn,
full power and authority to chufe as many perfons
out of the principal freeholders, inhabitants
thereof, as will make up the full number of our
faid council to be feven and no more *, which
perfons fo chofen and appointed by you fhall be
to all intents and purpofes councillors in our faid
province, until either they (hall be confirmed by
us or that, by the nomination of others by lis
Power, wUh \]pder our fign manual and fignet, our faid council
the' cSnS to fliall have feven or more perfons in it. And we
ieaUanAfferoWy. do hcfcby givc and grant unto you full power and
authority, with the advice and confenr of our faid
council, from time to time as need (hall require,
to fummon and call general alTemblies of the faid
' freeholders and planters within your government
according to the ufage of our- province of New-
> ork. And our will and pleafure is that the per-
fons thereupon duly clefted by the major part of
the freeholders of the refpeftivc counties and places
and fo returned, (hall, before their fitting, take
k*?'b*** ihc"'^*^ oaths mentioned in the faid lad intitled ** Jn
Mrmb<ri rbeif- ASt fcT the further Stcurity of his Maje/iyU Perfon
f^' wtd^Go^emHicliit^ and the Suceeffion of tUm Crown in the
' Heirs of the -late Prineefs iSophh, ibeing^Prott/tants^
arid Jon jfxtingmfljing the Hopes of the pretended
Princei of Wales and bit op^n an4 fecret Abetters -i*
;.d;iv
Vmf
as
.w»
iters
as
CHAP. V. N E W . V O R K. 301
as alfo make and fubfcribc the aforementioned J"';;;'!;;",^
declaracion : (which oaths and declarations you ii 10 be fub-
fliall commiffionatc fit pcrfons under our feal of ^"*»*** '»' '''«"•
New- York to tender and adminiftcr unto them -,)
and until the fame (hall be fo taken and fubfcribcd,
no perfon (hall be capable of fitting though cledled.
And we do hereby declare that the pcrfons fo
elefted and qualified (hall be called and deemed ^'^\^^l £•
i he general ajfembly of that our province and thedcAedandqua^
territories depending thereon. And you, the faid '*''"*•
Sir Danvcrs Oiborn, by and with the content of
our faid council and alTembly or the major pare
of them refpeaively, fhall have full power andf;;;"^* »**«
authority to make, conftitute, and ordain, laws,
ilatutes, and ordinances for the public peace, wel-
fare, and good government of our faid province,
and of the people and inhabitants thereof, and
fuch others as (hall refort thereto, and for the
benefit of us, our heirs, and fucceflbrs : which wMcH fl>»i not
faid laws, ftatutes, and ordinances are not to be the"J«!itCr,.«
repugnant, but, as near as may be, agreeable, to ^'"*i"-
the laws and ftatutes of this our kingdom of Great-
Britain. Provided that all fuch laws (Utute^, and
ordinances, of what nature or duration foever, be,
within three months or fooner after the making
thereof, tranfmittcd unto us under our feal of mlJe ihlu L
New- York for our approbation or difallowance of "*"*""«'«*.••
the fame; as alio duplicates thereof by the next th^w manrili. *
conveyance. Arid in cafe any or all of the faid n they are^ it
laws, ftatutes, and ordinances, being not before 5!fliw!by^te
confirmed by us, (hall at any time be difallowed ^.'"b. «i»e) ^^'i
and not approved, and fo fignified by us, ourcoicVJiu,
heirs, or fuccefTors, under our, or their, fign
manual and fignct, or by order of our, or their,
privy council unto you, the faid Sir Danvcrs
O(born, or to the Commander in Chief of our (aid '
province for the time being i then fuch and fo '""
many of the faid laws, ftatutes, and ordinances as
Ihall
The Governor
ftiU have a ne*
gative voice
againft both
Council and
Aflcmbly.
Power of ad
journing, proro
i0» t H E li I S T OR Y O F
fhall be Co difallowed and not approved, (hall froni
thenceforth ceafe, determine, and become utterly
void and of none effe^, any thing to the contrary
thereof notwithftanding. And, to the end that
nothing may be pafTed or done by our faid council
or aflembly to the prejudice of us, our heirs, or
fucceifors -, we will and ordain that you, the faid
Sir Danvers Ofborn, (hall have and enjoy a nega-
tive voice in the making and paifing of all laws,
ftatutes, and ordinances as aforcfaid : and you (hall
guing, and ^dif and may likewife froni time to time, as you (hall
fcmSy. **'*' '^^' judge it neceflfary, adjourn, prorogue, and didblvc
Power to keep all general a(remblies as aforefaid. And our fur-^
J/«*'jJ''*"p"''-ther will and pleafure is that you (hall and may u(c
and keep the public feal of our faid province of
New-York for fcaling all things whatfoever that
pafs the great feal of our faid province under your
Power to aJmi- government. And we do further give and grant
thorize" otbeM ""to you, the faid Sir Danvers 0(born, full power
►to adminifter, to and authoHty from time to time and at any time
Jro'vmce^^l'hc ' hcrcaftcr, by yourfelf or by any other to be autho-
oaihi appointed ri2cd by you in that behalf, to adminider and
Geo. i?' '* give the aforementioned oaths to all and every
fuch perfon and perfuns as you (hall think fit, who
(hall at any time or times paf3 into our (aid pro-
Power, with the vince or (hall be rcfident or abiding there. And
coSut'o ereft ^e do furthcT by thefe prcfents give and grant unto
couiwo>judica-you, the faid Sir Danvers Ofborn, full power and
*"*• authority, with the advice and confent of our faid
council, to ere£b, conftitute, and e(tabli(h fuch
and fo many courts of judicature and public juf-
tice within our faid province under your govern-
ment as you and they (hall think lit and neccITary
for the hearing and determining of all caufes, as
well criminal as civil,' according to law and equity,
and for awarding execution thereupon; with'dH
reafonable and ncceCCzry powers, authorities, fet/s,
and privileges belonging thereunto : as alfo to ap-
point
nto
1 fuch
ic juf-
jovern-
eccffary
ufes, as
equity,
vith all
s, fceis,
to ap-
' point
eHAi». V. K B W - V O R K. 303
tooint and tbmmiflionate fit perfons in the feveral ^fjl ** "•"-
* _ 1 • •/! I 1 miflionate fit
parts of your government to admimfter the oaths perrons to admi.
mentioned in the aforefaid aft intituled " An ^^jj^lt^d by'"
for the further Security of his Majefty* J per/on sm.i.c.to.i.
and Government and the SucceJJion of the Crown »» Ji^V^VJ^lJ"'
the Heirs of the late Princefs Sophia being Pro- Tranfub.iantia-
teftants and for extingui/hing the Hopes of the pre S„;?„rt"'
tended Prince of Wales and his open and fecret fuch court*. .
abettors^ as alfo to tender and adminifter the
aforefaid declaration unto fuch peffons belonging
to the laid courts as fliall be obliged to take the
fame* And we do hereby authorize a«d impower P^wcr to ap-
you toconftitute and appoint judges, and in cafes commiffionm'
requifite commiiTioners of oyer and terminer, iu-*>^py""'V* J""
itices of the p^ace, and other neceuary ofncers and of thepeace,and
miniftcrs in our faid province for the better admi- J^'jJ'ce?*""***^
tiiftration of ju (lice and putting the laws in exe-
cution, and to adminifter, or caufe to be admini*
ftered, unto them fuch oath or oaths as are ufually
given for the due execution and performance of
offices and places and for the clearing of truth
in judicial caufes. And we do hereby give and Power to pai^
grant unto you full power and authority, where '**"'"*""^**
you fhall fee caufe or fball judge any offender or
offenders in criminal matters, or for any fines or
forfeitures due unto us, fit objeds of our mercy,
to pardon all fuch offenders, and remit all fuch
offences, fines, and forfeitures (treafon and wil-
ful murder only excepted) in which cafes you
Ihall likewife have power upon extraordinary oc-
cafions to grant reprieves to the offenders untU,
and to the intent that, our royal pleafure may be
known therein. And we do by thefe prefents au. T"^^" ''^ "!'
thorize and impower you to collate any perfon or aftieai beneiicy.
perfons to any churches, chapels, or other eccle-.
fiaftical benefices within our faid province and ter-
ritories aforefaid, as often as any of them fhall
' happen
3H
P»wer to levy
troops, and em*
ploythemagaiaft
cneinie*» pi-
ntet> and re<
fceli* «
Jini to exe-
cute tnartjnt Uw
ia time of war.
Power» with
the coafent of
tbe Council, to
kuild fortt and
Caftlu ;
and to foftlfy
and Aimiflt them
■mith arms> &c.
T Hi His t o r V d f ^
liappeh to be void. And we do hereby give anci
grant unto you, the faid' Sir Dan vers Oiborn, by»
yourfelf or by your captains and commanders ' by
you to be authorized^ full power arid authority to
levy, arm^ mufter, command, and employ all
perfons whatsoever refiding within pur faid pro-'
vincc of New- York and other the territotres under*
your government, and, as'occarion (hatl ferve«
to march from one place to Another, or to em-
bark them for the reufting and withftanding of alt
enemies, pirates, and rebels both at fea and land i
and to traniport fuch forces to any of our planta-
tions in America, if necedity (hall require, for thei
defence of the fame againft the invafions or at-
tempts of any of our Ciiemies ; and fuch enemies^
pirates, and rebels if there l^all be occjlfion, p
purfue and profecute in or out of 'the limits of
our faid province and plantations* or any of them,
and, ifitihall fo pleale God, them to vanquifh,
apprehend, and take, and, being, taken, erMr
according to law to put to death or kee(. v *
prcferve aliVe at your difcretion : and to exc ..>^
martial law in time of invanon, or other times
when by law it may be executi^ : and to do and
execute all and every other thing and things which
to our captain general and governor in c4iief doth,
or ought of right to, belong. And we do hereby
give and grant unto you full power and authority,'
by and with the advice and confent of our faid
council, to erefl, raife,' and build in our fard piro-
yince of New-York and the territories depending
thereon, fuch and fo many forts and platforms;
cai\les, cities, boroughs, towns and fortifications
as you, by the advice atbrefaid, (hall judgd necef^
fary j and the fame, or an y of tlicm, to fortily
and furnifh with ordnance, ammunition, siiid m
ibrts 6f arms fit and neceflkry for the fecurity aad
defence of our faid province j anc^,, by the adVice
. aforcfaid.
11:-;
tpAK.T. . N E W , V O R K. . 305
aforcfud, tHe fame agaip, or any of them, to
demoUfli or diimaritle, as may he moft convenient.
4nd forafmuxrh as divert mutinies and diforders JJ* J?^^^^^*
may happen t>y perfons iliippcd anjd employed at them.
fea^ring the time of w^r*, and to the end that
fuch as mall be (hipped and c;mpIoyed at fea dur-
ing the, time of yrar may be better governed and
oraercdi wc do hereby ^iv.e and grant unto you9 pjl!" r?ta!El
the (aid jSir IJanvers Oiborn, full power and au- and .ther Ofs-
thority.to conftitut? and appoiat captains, lieute- ir^^^'l^^i
nants, matters of (hips, and other commanders cammiffions to
and oMcers J and to . grant to fuch captsiinsi Jj^rtur^aworf-
Iieutenants, mailers of (hips, and other com- ing to the stat.
i^anders; and officers, commiffions to execute ti^.^niljj I Jl
the , law tnartial during the time of war ac* Geo. 11.
cprdii^g to the dire^ions of the two ads, the -
qn^ pi^ifed in the thiheenth year of the reign of
' l^ipg .Charles the Spcpnd, entituled " -^»^i5?/(;r
iihg -eft^Uififing Articles. ^n2 Orders for the regu-
lating 4nd better Government of his Majejifs Na-
•viesy Ships (f War^ and Forces by SeUy^ and the
other pa^d in the eighteenth year of our reign
cntirulcd, " ^« AH for the further regulating and
better Government of his Majeflfs Navies, Ship
j^ WaiTy md Form by Sea, and for regulating.
Proceedings^ upon Courts Martial in the Sea Ser-
vice y* And to wfe fuch proceedings, authori-
ties, pumihments, cbrrt^iions, and ■ ej^ecutibns
upon any offender or offenders who (hall be mu-
tinoU$| feditioiis, diforderly, or any way unruly,
cither at fes^, 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 (hall .
be found to require, according to the martial law
and the faid diredlion during the time of w?i* as
afprefaid Provided that nothing herein cQP'.ainedTh's /h»ii not
fcall be. conrirued to ihe enabling you, or any by 'S? swnS**
your authority, to hold plea or have any jurif- «' **•'.?"!!""•
X di^ion comipii&oacdby
id6 T H E H tS T d R Y O P - ,
ihen'^lT'coSi ^'^^<^f^ of any offences, caufe, matter, pr j^hinf^f
mit offencei Committed or done upon the high iea or. within
61X^,^*10 *"y ®^ *^* havens, „riversi or creeks « of ovir CaM
anyriyer* creek, province and territories under your governme|!^t«
•rhmm jjy jjj,y captain, commander, lieutenant, 1 m9ft^«
officer, feaman, Ibldier^ or other per(bn yfhjft'
foever, who Ihall be in oiir a^lual fervice and; pay
in or on board any of our fhips of war, or oth^r
Ireirels, acting by immediate commifliot;, or ^iir-
rant from our commiflioners for executing ,the^ of-
, fice of our High Admiral, or from our HigH Ad-
miral of Great Britain for the time being, undeur
tut there F«- the ifeal of our Adtniralty : but that ftjch captain,
toWiJfiich^f-*^®"'™*"^^'"' lieutenant, matter, officer, fe;»fpan%
tikcet either by foldier, or Other perfon, fo offending fhiill be left
eommiffionr jQ be proceeded againft and tried as their Q9*eoces
•nder the great _ ,, * -' P • •>»• »
feai of Great fliall require, either by commilfion i;^nqier ouf
fag'ttAelut! great feal of Great-Britaip as the ftatutc pf the
38.Heii.yiiil.rwcnty-eighth of Henry the Eighth diref^s, Of by
?»mtk?AS commiffion from our faid commiffioners^ for exc-
raity, according cuting the officc of our High Admiral, or from pur
S,tVSr"' High Admiral of Great-Britain fpr the time being.
But for of. according' to the aforementioned a6ts. Provided
lences cemroit- nevcrthelcfs that all diforders and mifdemeanois
ted on raore» • i n i • ' i
there perfon* Committed on more by any captain, commander,
*jJ|JJ^^/^^Jj'°'! lieutenant, matter, officer, fcaman, foldjer, or
fence fliail
comnittei.
iiig to the laws Other perfon whacfoever belonging to , any of our
where the*"f. ^*P* °^ ^^^ ^^ °^^^^ vcffcls, acting by immcdiitc
bt comnoiffion 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 feal of our A4(piralty, may
^ be tried and punittied according to the laws of
the place where any fuch diforders, offences, and
mifdemeanors fliall be committed en (bore, not-
withttanding fuch oftlndcrs be in our adiual fer-
vice and born in Qur pay on board any fuch our
fiiips of war,^ or Q|hef yelTcls a^ing by immediate
, commiflion
307
citA^. V. , N E W. Y b R k.
bomtniflioh or warrant from our faid commiflioners
forcitecuting the office of our High .Admiral, or
^rom oui: High Admiral of Great-Etritairi for the
time being, as aforefaid^ (6 as He fliall ndt receive
arr^ proteftiort for the avoiding of juftice for fuch
offences committed on (Hore frdm any pretence of '
his being employed in our fervice at fea. ' And '"w^^i . t''*'*
ouf further will and pleafure is that all public Z cS. ti
monies raifcd or which (hall be raifed By any aft •'^'f?'^* "^ ?"
1 I./*' -1 •!• 1 f '• i ' 1 publtc moniet
to be hejreafter made withm our fa^d provmce and faifediiithepro.
other the territories depend ins thereon, be iflued !:■"«* /'^ *^t^
. f ^ 1 " 1 . s • » • fupport of tu
out by warrant from you, by and with the advice fovenu&eat.
and confent of our council, and difpofed of by yoii '.i\
for the fjLipport of the gbvcrnmeht and riot other- J
wife. And we do hereby likewife give and grant power, with
iinto you full power arid authority, by and with Jjj couwiii »
the advice and confent of our faid coariciK to fettle grtnt uadi^
and 'agreie with the inhabitants of our province
and territories aforefaid for fuch larids, tene- ^
rntht§, and hereditaments as now are, or hereafcei:
Khali be^ in our power to difpofe ofj and them to \;
grant to any perfon or perfons upon fuch terms and , \
under fuch moderate quit-rents, fervices, and ac-
knowledgments, to be thereupon refer ved Uilto us^ .
as you, by and with the advice aforefaid, fltall
think fit: which faid grants are to pafs andbc^h* ij^n" ««
feald by our feal of New -York, and being entered pubiuT f/iUad
upon record, by fucK officerior officers as are or »« »»« regiftcred,
Ihall be appointed thereunto, (hall be good and
effeftual in the law againft us, our heirs and fud-
ceflbrs. And we do hereby give youj the faid Sir power, with
Dinvers Ofborn, full power to order and appoint JJ^ cJ^J^J jj
fairs, marts, and markets, as alfo fuch arid fo appoint tain and
many port*, harbours, bays, havens^ and other Si"i;*"*anJ""
places for the convenience and fecurity of (hipping, wharfs,
and for the better loading and unloading of goods
>nd merchandizes, as by you^ with the advice and
CQnf«nt of our faid council, (hdl be thought fit
1^ % and
3oS THfiHISTORYOP
All Officers, ^f^^ rteceflfary. And we do hereby require and
twy, *°nd"Vii command all officers and minifters civil and miK-
other inhabi- ^^^y and all Other inhabitants of our faid province
tantsof the pro- •: ' . . i , i- i i i. • i«
*ince^ are to be and temtones depending thereon, to be obedient,
aiding and affift- a'njing, and affifting unto you, the faid Sir Danvcrs
ing to the Co- &» . ° • i i • •/*«
in the Olborn, m the execution of this our commimon
vernor
ettcutronnfthis^j^j thc powcTsand authotities hcrcin con-
and in cafe of tamed ; and in cafe of your death or abfence out
Ibfei.f erSf the **^ ^^^ ^^*^ provlncc and territories depending
Governor, to thercon, to bc obedient, aiding and aflifting unto
CovtJSoroT f"^h perfon as (hall be appointed by us to be our
C"!i:mander in Lieutenant Governor, or Commander in Chief of
timfbdV^' our faid province •, to whom we do therefore by
thefe prefents give and grant all and Htigulai',
the powers and authorities herein granted, to bc
(, by him executed and enjoyed during our plcafurej
or until your arrival within our faid province an^
In cafe of the terfjtorics. And if, upon your deatn or abfence
Jfth! Gowho" out of our faid province and territories depending
ani it there bethercon, there be no perfon upon the place com-
Covern-Hn" he miffionated or appointed by us to be our Licutc-
pro in.e, the pant Govemor or' Commander in Chief of our
P^OThjce ftau'faid^ province, our will and ^leafure is that the
*^hed7ft"c " .*^<^^^ Counfellor, whpfe name is fkft placed in our
ieiior. * **"" faid inftruiftions to you and who (hall at the time of
your death or ablence be refidihg within our (aid
province of New York, (hall take upon him the
adminiftration of the government, and execute
our faid commilTion and in(trudtions and thefeveral
powers and authorities therein contained, in the
fame mainner and to all intents and purpofes as
other, our Governor and Commander in Chief of
our faid province (hould or ought to do in cafe of
your abfence until your return, or in all cafes until
cl'ptainGenerai our further pleafure be known therein. And we
and Governor in do hereby declare, ordain, and appoint , that you,
pr^yinceVuirbe the faid 5ir Dan vers Ofborn, Ihall and may hold,
iiaMj»niyduring^xecute, and enjoy the ofEcc and place of our
til.: King's pl?a. • ' J J r .
fure. ; - Captain
CHAP, y.
N E W-Y O R K.
3*»9
C!aptain General and Governor in Chief in and
oyer our province of New«York» and the territories
ctepending thereon, together with all and (ingular
the powers and authorities hereby granted unto
yotJ, for and during our will and plcafure. And
whereas there are divers Colonies adjoining to our
province of New York, for the defence and fecu-
rity whereof it is requifite that due care be taken
in timi^ of war : we have therefore thought it ne^
ceffary. for our fervice, and for the better protcc-
tio'^ lifeicurity of our fubjeds inhabiting, thofe
oari."^ • cbnAitutc anc .. :ointi and we do by Gran* of rte
thcfe prefents eonftitute and appoint, you, the faid offi"ofCapt?ia
«•• -ri*^ • '/>/i- u o • ^ » 1 General and ;
Sir Danvers Ofborn, to be our Captain General and. co.nn.ander in
Commander in Chief of the militia and all the JrJ'"^"^*'^''!;;;
<- 1 /^ 1 • » • 1 • 1 < f j^ ""* *"•' other
forces by lea and land within our colony of Con- forces, boih by
ijcaicut, and of all our forts, and places of ftrength [^'/i'^'^'';^"^
within the fame, and for the better ordering, go coaHeaicut.
verning, and ruling our faid militia and all our
forces, forts, and places of ftrength within our faid
colony of Connedicut, and we do hereby give and
grant unto you. the laid Sir Danvers Ofborn, and,
in your' aBfcnce, to oar Commander in Chief of
our province of New- York, all an^i every the like
powers as in thefe prefents are before granted and
recited for the ruling, governing, and ordering our
militia^ and all our torces, forts, and places), of
ftrength within our province of New- York, to jbe
exercifed by you, the laid Sir Danvers Ofborn, and,
in your aKfence from ouf territories and dominipn
of New- York, by our Commander in Chief of our
province of fJew-York, within our faid colony of
Connefticut for and during our pleafqre. In wit-
nefs whereof we have caufcd thefe our letters to '
J)C ipade patent. Witncfs ourfelf af Wejftniinljer
the firfi day of Augufl in the twenty-feyenth ycaf
of our reign. By writ of privy feal,
YoRK£ and YoRKE.
X ^ Th?
^1
The pooa^Il.
IP . T H B I) I S T Q |t y F
itouSon""^ Tlie inftruftions, received with tjic pOf)9mifliQi||
*° " **"'' are explanatory of the patent, an4 regyUte thi
poyeri^or^s condu^ on ajmoft every commof) coii*
tifjgcnpy*.
Hfi fai f/ and Thc fajaiy gen<!ra|ly granted to the Governor by
ptrquifitci. ^|jc inftrudlons is j2ooT. Sterlii^g out of the re-
venue here } but that t)ein|; an infufficient fund,
the Aflei^bly* in lieu of it, give him ahrjually
^5601. currency. The perciuifites perhaps amount
to as much more. /
This office was formerly very lucrative, but bp-
. comes daily lefs copfiderablei bccaufe a^nnoft all the;
valuable trads of lands are ^ready taken up'l
The Counpil, when full, conHflisoftwelve mem-
bers appointed by the Kind's mahdatnus under thQ
(ign manual. All their privileges and bowery fitQ
contained in the in(iru6tions. T^^J ^^ ^ I*f^vy
Council to the Governor, in'afts or ciyil govern^
ment, and take the fame 'oath that is adminiftereid
to the King's Council in Englapdi ^he tei^ure of
their places is extremely pi-ecarionis, and yet their
inBuence upon the publick meafures very confidei^
able. In the grant of all patents the tjovcirnof is
|}ound to cbnlblt rhem, and regularly they cannot
pafs the fcal without their advice. ■
They enjoy a Icgiflativc power, gjj ^he Lords
do in parliament ; and exercifip alfo judicial autho^
irity upon writs of ei ror arid appeals. They at"?
convened by the Governor, and lie is always prcr
jfent when they Cn as a court of Privy CouQcil,
which is drdmarily at the fort* In their legiflativ^
capacity they meet without the Governor, and al-
ways at the City Hall. They fit according to thei^
^niority, and the el^eft member prefent is Speaker
* The inftruQions are» in -numbir r, tboye a bundred and
never recorded. ~ They are changeable at the KingV pleafuie^
but rarely undergo any f ery confiderble akeratiott
i-n.- »s»r^
of
'•'f ' • tllf
iit
<if
•HAP.T. - N K W^Y O R K.
^ their 'Hodfe. In a committee the Chairman hat
no voice. 'They cannot vote by proxy, but have
the privilege of entering their diffent, and the rea-
foni at lat-ge, on their minutes. Their proceedr
in^s are very formal, and in many rcrpe6ls they
irhitate the example of the Lords. Their mef-
Tages to the Aflcmbly are carried by dne of their
own ihembers, and the Houfe always rifes at his
entrance, and receives them Handing. The Coun-
cil never publifh their legiflative minutes, but the
Ailembly always print their own votes, nor do
cither of t^ffe houfes permit ftrang^rs to be pnffat
' at their cohventions*
A Counfellor^s title i^ the Honourable. They
'ferve his Majefty without falaries. I'he bufinefs
^of the J'rivy Council Board is of late very much
\ iacreafed^ and never had fo gteat weight in the '
'colony as at prefent ; which v^ touch oWing to the
King's calling lawyers of reputation to the af-
' (iftance6f his Governors *.
The General Aflembly confifts of t^cnty-fcvc'n The Ccficnl
rcprefcntatives chofen by the people, iri ptfrfiiance ^"*'""'*
^' of a writ of fummons iffued by the Goverrtor.
^ At the day appointed for their appearaifce, iiicli
as are eleded convene themfelves at the AH^mblv-
chamber^ in the city of New-York j ahd, by^the
' Clerk of the Hoiife, iriforrh the Governor of their
meeting, if they are above' thirteen m number,
fomc|)erforis (generally the Judges of lihcStiprenie
Court) are* fenc to the Aflf^iiifjty-cham^er, empow-
' ^red by 4 commifTion to take their oaths andT fub*
^riptions. They are then called b7fore hisExcel-
iency^ who recommends their choi<td of a Speaicer,
^or that purpofe they agaih retire, ahd condoift
*" 'thtoBie€ of LitfnteDant Gorttabt retjotrei rio Advice,
except on the dekth dr in the nhCpntt of a Obvenioy in Cbiief,
It givjBi noranlF ii^ coancil, oor is thcie 4oy i»lary anoexed to
X4 the
311
THE JJJS^Tpil Y OF
tjhc perfon they cle£l into the chair, which is ijb$t-
cd at the upper end of a long table, ^fter thae
he, is prefenttd to his Excellency, in the Councif-
chamber',' and upon his approbation of thefr
choice, which is of courfi;, the Speaker ^ddreflcs
hi mlclf to the Govcrnpr, and in behalf of t(ic Houfe
praysj *' Th<Jttheir words and adlions may have a
•* favoural)le conftruclion, that the ^embers maV
** have free accefs to him, and, they and their fer-
**' Vanrs be privileged with a freedom from tr-
•* refts." The Governor, after promifing thrfe
things on his part, reads his fpeech to both
Houfes i and, at the rcqueft of the Speaker, dc-
Jivers a copy for the ufe of the Aflcmbly. ,k ■, *
I need not enlarge upon the cufloms of the G^*
neral Aflembly,. for they takt the.^ra^ic^ of the
3ntiih Houfe of Commons for their inbdel,: and
vary from them in biit very few' inftaiyces. M6-
hey bills are not returned tp them by the Council
Board, as the Lords do to the Commons ; and yet
the reafons for this pradlice are much (Ironger hefc
than at home. When the Governor pafles the
bills lent up to him, both Houfes are prefent In
the Council-chamber. It is then duftomary f6r
him to afk the advice of his Council with refpcft to
(every bill, and. he figns then^ at the foot aftfer
thefc words, " I aflent to this bill, ' crtadling the
fame, and order it to be enrolled." After that the
ads are" publiflied in, the open ftreet, hear the
City Ha)l ; his E^tcclicncy and the two Hbufrs
being prefent.
'AffSbi*Meft.* '^^^ *^^'ly wages of the Reprefentatives, as re-
' * ' gulated by fuhdry Aifts of AHembly, ate annexed
to the following lift of the prefpnt Members of thd
HouKV.-^- y- ' ' •••' ■■■' ■ ■ '■■•• •■" • •■•
i For the City and Co,unty of NEW-YoRK-r-rpour
Re{)rcfchtatives, each 6*5. /«r ^V/».
........... -• ^;,;_• ■ i' :'.. '■■"■■' City
^tii
City
Chap. v. ' N E W V O R K. gift
' City and County "Jt Alban y . — Two, each i o f,
per dim
• Westchester County .-;-Two, each 6s. per
diem
* Suffolk County.— Two, e>ch 9 s. per diem.
Queen's County. — ^T wo, each 6 s. ^^-^//^w.
King's County. — Two, each 6 s. /^ <//«».
Ulster County —Twin, each, 6 s. per diem*
KiCHMOND County. — Two, each 6 s. per diem,
Dutchess County.^ — Two, each 6 s. per diem.
Orange County.— Two, each 6 s per diem.
Borough of West-Chester.— One, 10s. per
diem, ••* ■ '
' Town(hip of Schenectady.— One, 10 s, per
diem. ■
Manor of Renslaerwyck. — One, 10 s. per
diem,
' Manor of Livingston. — One, 10 s. per diem,
. Manor of Courtlandt.— One, 6 s. per diem.
■ » ^ ■ ... . ■ , • •
The continuance of our Aflemblies was unli- Dunrfon of uii
mited, till the political ftruggles, which took rife Affembiiei.
in Mf. Coflby'sadminiftration, forced Mr. Clarke,
"whd futceeded hirti, to pals thea6t reftri6ting them
to three years *, but this was repealed by the King, ,
knd'a feptcnnial jaw cnaftcd foon after. the arrival
of Gdvcrhbf Clinton, "which is ftill in full force.
' No colony, upon the Continent, has formerly Their icadias
fuflFiired more than ours, in the opinon of thcj^'""* °p'"^*
King's Minifters. Thii has been owing to the ill
imprefTions madd by our Governors, v,'ho arc fcarce
ever difcngaged fron) difputes with the Lower-:
Houfe. Our ReprefentatiVcs, agreeable to the
general fenfe of their conftituchts, are tenacious in
their opimon, that the ihhabitants of this colony
are entitled to all the privileges of -Englirfimen j
that they have a right to participate in the legifla-
tive {)ower, and that the felTion of Afiemblies
}•; ■■' ':. ' ' .' • ' here, '
WJ
!«♦
T H E HISTOH Y OF
here, is wifely (ubftituced inftead of a reprefenta-
tion in Parliament, which, all things con(idered,
would, at this remote diftaoce, be extremely in-
convenient and dangerous. The Goverhors, on
the other hand, in general, entertain political len-
timents of a quite diEerent nature. All the im-
munities we enjoy, according to them, not only
flow firom, but abfolutely depend upon, the mere
grace and will of the crown *. It is eafy to con-
ceive, that contentions muft naturally attend fuch
a contradi^ion of fentiments. Moft of our dif-
putes, however, relate to the fupport of govern-
ment. Before Lord Cornbury's embezzlements,
the revenue was eftabliflied for a long period, but
afterwards reduced to a few years. The violent
ffiearures, in Mr. Colby's time, led the AiTembly
to the fchemt of an annual provifion. Thefeare
the words of that much famed Addrefs of the
Houfe, to Lieutenslnt Governor Clarke, on the
i8th of September 1737, previous to the change:
" The t;rue caufes of the defic'^nty of the reve«
** nui, we believe are too v'cii known to your Ho-
^^ nour, to make it nercifary for us to fay much on
that head. Had the confpicuoiis loyalty of the
f<
* « We are no more tlian a little corporation.— >I would
** advife th«fe Gentl«fna» ( Aflembliei) for the fature, to drop
** thofe parliamentary airs and ftyle about liberty and property,
*' .and keep within their fphere, and make the beft ufe they
*' can of his Majetty's inftru&ioni and commiffiom ; betaoieit
*' would be high treafon to fit and a£t , without it.— Tbii i«
** our charter. If we abufe or make a wicked ufe of his Ma-
** jelly's favours, we are» of theffl, but tenants at will j we
'* only hold them during pleafare and good behaviour. "«-
"Thefe are the accurate and bright thoughts of the gentleman
who publiflied a pamphlet, entitled, *' An eflay on the Govern-
mentof the Colonies, " in 1752. Sir William Jones, Attorney-
General to James II. was of a very diflereot opinion. For>fis
told the King. ** That he could no more grant'a cowjiii!!on to
*' levy money on his fubjeAs is the plantations, withd«t their
confent by an Aflfembly, than they could discharge themielves
by an allegiance," Life of Sir Willian Phips, p. 93.
" inhabi-
*t
brcl
fuPI
4(
«<
jCHAf. y. N 9 W . r O R K.
f* Wihabiunts of this province, met with a fuictbte
** tre^tmepc i|i return : it is not unlikely,* but we
** QioM now be weak eooush to ad like others
f* before us, in being lavilh beyond our abilities.
*< and railing fums unnece0ary to be siven i and
*' continued ehe donation, like them, for a longer
** time than what was convenient for the fafety of
f* the inhabitants ; but experience has Oiewn the
imprudence of fuch acondu^, and the miferable
condition to which th^ province is reduced, ren-
ders the raifing of large fums very diHicult if
not impra£ticable. We therefore beg leave to
be plain with your Honour, aiid hope you will
f' not take it amif^, wh^n we tell you, that you am
f* not to expeA, that we either will raife fums un-
JfV fit to be raifed; or put what we (hall raife into
f ^ the power of a Governor to misapply, if we can
f* prevept it : nor (hall we make up arv other de-
^' ficiencies, than what we conceive £re tit and juft
** to be paid; or contipue wh-'t fupport or r "ve-
** nueVe (hal| raife, for any I onier than one year.
f < Nop dp we think it convenient to do even that*
<< until fuch laws are pa(red, as we conceive ne-
»« ce(fary for the fafety of the inhabitants of this
«« colony, who have repofed a truft in us for that
<* only purpofe ; and which we are fure you will
f* think It reafonable we (hould aft agreeable to,
.*" ar^id by the Grace of pod we will endeavour
?* not to deceive them."
The fentiments of this addrcfs ftill prevail
among the people, -mn therefore the fuccefs of the
prefeht jfolicitations, for a permanent, indefinite,
fupport, will probably be in vain.
The matter has been often litigated with ^rcat
fervency en both fides, and the example oi the
Britilh' Parliament urged as a precedent for our
Imitation. To this it 19 answered, that the par-
■ iicular ftatc of this province differs fo widely from
■^•' ■-■•■■.•:'■■'■ that
If
^i6
T II E 'h'^ s t d'R V o r ^
Ml of tf/iirMotherCoUntipJr^^thlit we ought im
\tPM& tefpm t6 follow the cuftoitt of tht G6rrf-
ifttons: '»Our- tOnftitution, 4s forhe obfcrve, is fOf
rn^rffeift in numbcrlefs inftarifceis, that the rights
df^he'' people lie, even now, 'at; the mere metcj^
ohhtlt'Govcinorsi ahd granting a perpetual fu(J-'
port, it is thought, Wbuld be in rearlity little lefs^
thartth€llOft«bf everything dear to them. ' '^^ '"^
^ 'It iftUft be confeff^d that many plaufible^fgWi-
r^#nts m^y ^ ^OTig^ned, infupportof thejcilouiy
clffhe Houfe. A Governor has numberlefs op-
pOi^tUnitiesi liot 'proper to be mentioned, for irit
vMing the rights or the people, and infuperabte^
difficmties wblsld nete0ariiy attend all the mesihs of
rcdteft. -'-'-^ ^^^' ^ Hi^r ■ • ^
*' fiy gradual a^dvances, at (eafonable juhftures;
we might have introduced fuch amendmeiitsV as
^^uid at this day have eftablllhed aTouhd and well
fortified * political frame ; ' but through our uttor
liegk^ of education, the ancient AiTemblies con-
fiiled of plain^ illiterate, hufbandmen, whofe
views feldo^ extended farther than to the regula-
tion of highways, the deftrudtion of wolves, wild
cats, and foxes, and the advtocement of the other
little interefts of the particular coi^nties, which
ihey^ere chofeo to rtpreknt.
" T ""
' C H A P. VI.
Of our Laws and C o t; r t s.
THE ftate of Our laws opens a door to much
cohtfoverfy. The uncertainty with refpedk
tp'then^' renders property precarioui., and greatly
dcttofis us to the arbitrary decisions of bad judges.
^ The
eHAP. VI.
N E W- V O R K. l«r
The common law of England is generally receiv*
ed, together with fuch ftatutes as were enabled be-
' fore we had a legiflature of our own. But our
courts exercife a (oyereign authority, in determi-
ning what parts of the common and ftatute law '
ought to be extended ; for it muft be admitted,
that the difference of circumftances neceffarily re-
quires us, in fome cafes, to rejcA the determina-
tions of both. In many inftances they have alfo
extended, as I have elfewhere obfcrved, even Adls
of Parliament, palled Hnce we have had a didinA
leg'.dation, which is adding greatly to our cpnfu-
fion. The practice of our courts is not lefs uncer--
tain than the law. Some of the Englifh rules are
adopted, and others rejelfted. Two things there-
fore feem to be abfolutely necefifary for the public
Iccurity, v
Eirft, The pafling an aft for fettling the extent
of the Englifh laws. And, ^
Secondly, That the courts ordain a general (et.
of rules for the regulation of the praftice.
To give a particular account of our laws civilT*'"""^'"^
and criminal, cannot be expefted in this work.«
AM lands are held of the crown by focage tenure,
as thofe of Eafl-Greenwich, at home, in the countyf
of Kent \ and the manner of obtaining a title ta
fuch as are vacant, or in the pofTcilion of the In-
dians, is this :
Formerly the cuftom was to apply to the Go- -
vernor in Council, for a licenfe to purchafe lands
of the natives in his Majefty*s name. A deed
was then privately obtained from the Indian pro-
prietors to (he King, and annexed to a fecond pe-
tition to the Governor, for a warrant to the Sur-
veyor-General, to make a furvey of the quantity^
purchafec). Another warrant, upon thereturnpf
thtf furvey, was then iffucd to the Attorney-Ge-
lieral, to prepare a draught of the patent } which
bei^ig
s^
T H E H i S T O it V O F
bpiitg tranfmiit^ to the Secretary's pfiicc» wal
tlyen engro0ed upon parchment, and the greac
fi^baffized to it by the Governor. -
' t^ thefe furveys and deeds more lands w^re
o^en inchided, than the Indians intended to felt i '
and thefe frauds being frequently complained of^
an order was made by the Governor and CouncU^
in. 17 ^6i that thenceforth no Indian deed (hould
be taken, until the land propofed' to be granted^
yns actually furveycd by the Survcypr-GeneraU
or one of his deputies, in the prefence of the
Indian proprietors} that the bounds of the traft
fliould be then entered in the deed, and a certi-
ficate cndorfed, that they are agreeable to the
iurvey, and that he hw the conftderation motiey
or goods, honafide^ delivered to the vendors.
The patenting of lands, has long been, and
ftill continues to be, very, expenfive.
Our law judicatories are numerous ; I begin
with the loweft.
Of the JUSTICES COURT.
Justices of the Peace are appointed by com-
miffion from the Governors, who, to fefVe their
puvpoies in elections, fometimes grant, as it is
called, the, adminiftration to particular favourites
in each county, which is the nomination of officers
civil and military ; and by thele means,, the Jitf-
tices have been aftonifliingly^ multiplied. There
are initances of fome who can neither write nor
read*. Thefe genii, befides their ordinary powers,
are by ads of affembly enabled to hold courts*
* Lord Bacon's obferyttlon, that ^liere arc maf y tirho«ount
itacredit 10 be burdened with iH officeof a JuAicc«f thepeace^
is very applicable to us. Bacon's Works, Fol. Vol. II. p. ici.
->ThefUuute6f58 Hco. VIH.'' limited the number of Jaaicea
ts eight in a county.
for
«HAP. TI.
N B W • Y O R K.
3»9
•■»■
5;
f(N!4[he. determination of fmallcaufes of five pounds
and ^pdeir } bm the paf ties are privileged^ if thef
choofe it, with a jury of fix men. The proceed*
irinvare in a fummary way,^ and the condudof the
J^uftices has given juft caiiie to innumerable comk
{^taitlts. The Juftice^ have alfo a juriTdiftion*.
x^khrefped: to crimes under the degree of grand
iaroeoy. For any three of them (one. being of the
qiiorofn) may try the criminal, without a jury,
andinB^ puniihments not extending to life ot
^t'Lli
' Xh SESSIONS md COUS.T fl^CoMMOH-pLBAS.. ft
3(h'u; .;., • ,.,:. :• : ^.m ,.
< Thb Court of Common-Pleas takes cognizance
of all caufes, where the matter in^iemand is in^
^alue^above five pounds. It is c;ftabli(b«i by an
ordinance of the Governor in Council. The Judges
arc ordinarily three, and hold their offices during
J>leafure. Through the infancy of , the country,
ew, if any of them, are acquainted with the
law. The prafticc of thefe courts is fimilar fo that
of the Common-Bench at Weftminfter. They
have each a clerk commi0ioned by the Governor,
^ho, i0ues their writs, enters their minutes, and
keeps the records of the county. They are held
twice, every year, Thefe Judges, together with
fome of the Juftices, hold, at the fame time, a
court of general feflions of the peaoe.
U'
the SUPREME COURT.
jITws >urifdi6lion of this court extends through
the whole province, and its powers are very great.
For it takes cognizance of all caufes civil and cri-
minal, as folly as the King's-'fiench and Commr|i-
Pleas at Weftminfter. In _ civil controvcrfies, the^
"value of the fum (lemanded muitvCxceed twenty
* pounds^
^o
T HE ttiST' ok y OP
I^rids. This court has four terms in a year, and
alwajps fits at New^York*. The Judges for man/
years paft,- have been but three. The Chief
Juftide has ten fhillings as a perqulfit^, dpon the
firft motion in every caufe, together with ahnual
allowance of 300 L Thefecond and third Juftices
have alfo yearly appointments, too lAconfide'rdble
tb.be worth mentioning* They hold their offices
by (cparate commiffions under the great feal of
the province, which were formerly during plei-
furc, but of Jate quam diu fe bene gejferint -|-.
The Supreme Court was, at Brit, eftabliihed by
feveral laws of the province •, but the terms wefe,
afterwards, directed by an ordinance of the Gover*^
nor and Council, which is alterable at pleafure.
' Whether this court has a right to determined
caufes in a courfe of equity, was a quedion much
litigated during the troubles in the feveral admi-
niitratioRSofMr. Cofby and Mr. Ciarke. Colo-
nel Morris, afterwards Governor of New- Jcrfey*
fee then as Chief Juftice "upon the bench, and de-
livered a long, argumentative opinion in the ne^
^ative %. 1 he people were, in general, on that
tide, and the Exchequer Court bell fcarce ever
rung, but the city was all in confufion. t^etitions
agatnft the Court, from feveral parts pf the pro-
vince, came up to the Affembly, who defired to
* The terms commence on the third Tuefday in January«
April, and October, and on the lall in July. The firft and the
laft continue five days, and the two other terms ten.
f Profecutions, by information, are often commenced in the
Supreme Court by order of the Governor and Council, and cri^
minals fometimes committed by their warrants ;' for which
rcafbn fome are of opinion, that the Judges ought not to be
Biembers of that board, which is iirequcntly the cafe.
t See the printed opinion, and the arguments of Mefiieurs
Alexander and Smith for the defendant Van Dam adverfus the
Attorney General ; in fupport of a plea to the jurifdidion of
the Supreme'Court, on a bill fi^ed there for Governor' Coiby in
acourfe of equity. New- York printed by John P. Zeng^r, 1^33.
hcjir
and
lan/
:hie^
the
inual
fticcsi
rable
fficeS
al of
plca-
ed by
wefe,
lover-
e.
;rmme
much
adm'N
Colo-
crfcy^
nd de-
he ne*
n that
evctf
Ftitions
[e pro-
ired to
[anuary«
and the
\d in the
] and CTU
it which
>t to be
lefiiears
srfus the
[idion of
^oiby in
hcur
eHAP. VI. N fe W - Y o R fe,
hear council ; and accordingly Mr. Smith and MR,
Murray delivered their opinions at their requeflfj
both which were afterwards printed by their order.
The former, who fpoke firft, urged niimerou^
authorities to prove that no Court of Equity could
be legally eftablilhed eifcept by prefcription or aii
adt of the legiftature, and concluded with thefc?
words -*' *Tis with the greateft fut)miflion that
V I tender my opinion upon thefe points. I have
faid nothing with a defign to offend any man,
nor have 1 omitted faying any thing that I
thought might tend Co the public good. Lil^e-
ravi animafn flieam. I have endeavoured to di{^
charge the trud, and fupportthe ctiaradber/with
*' which this Houle h*as hono^Ured me. You have
my fincere and real fentimcnts. If I have erred
in any thing, it has been unwillingly. I ani
heartily a friend to thrs colony, and earneftly
wifti its profperity. 1 have no intereft in thd
points in queftiofi,- but what arc common to all
the freemen of this province. 1 ptofefs thife
greateft. veneration for the laws of my coiihtry,
and am glad of every opportunity to do them
public honour. They place our liberties uport
the firmeft bafis, and put biir properties under
the fureft protedlion. 1 rejoice irt the fecurity
that we have of a long enjoyment of them, by,
*• the fettlement of the fucceflion in the Houfe of
Hanover, 'lis the' excellency of our confti-
tution, and the glor' of our Princes, that they
are fovereigns over freemen, and not flavcs.
*Tis the mifery of an arbitrary government, that
a man can enjoy nothing under it, that he can
call his own. Life, liberty, and property, are
not his, but all at the w4ll and difpofal of his
tyrannical owner. I don't wonder that our ah-
ccftors have been always fo jealous of their li-
berties; t .ovv oic ivive they bravely fought,
Y "and
tu
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THEHISTORYOF
** and nobly died, in the defence of them ? Wc
•• have received our liberties and our laws, as an
*^ inheritance tranfmitted to us in the blood of our
^* fathers. How highly therefore (hould wc
" prize and value them ! And what care fhould
*' we take, that we and our pofterity may enjoy
*• them i."» their full extent ? If this be our happy
<• cafe, wc ftiall fit under our own vines and our
** own fig-trees, and none will make us afraid.
*« Wc fliall fee pur country flourifti, and ourfelves
a happy people. But if an arbitrary power
over our liberties and prpperties be let in upon
^* us, but at a back door, it will certainly drive
*' many of us out of our habitations •, and 'tis to
^* be feared, will once more reduce our country
•• to a wildernefs, and a land without inhabitants ;
«* which wc doubt]rot but this Honourable Houfe
** will take care to prevent."
Mr. Murray laboured to Ihew that the Chan-
cery, KingVBcnch, Common-Pleas, and Ex-
chequer, were of original jurlfdidlion by the confti-
tution of England ; and was fearful that our eftab-
lilhment of thefe Courts here by an aft of affcmbly,
would draw into queilion our equal rights to all the
liberties and privileges of Engliflimen. He clofed
his opinion in this manner :
" And now, Mr* Speaker, I have in the bell
•' manner that I was capable of performed what
this Honourable Houfe defired of me, in giving
truly my fentiments upon the fubjcft matter of
thefe petitions.
•' Mr. Smith, in delivering his fentiments laft
Friday, did in fo handfome and elegant a
manner, fully prove that the people of this
** colony are undoubtedly entitled to the cuftcms,
laws, liberties, and privileges of Englifhmen,
" that it was needlefs for me to attempt the proof
thereof, which ptherwife 1 ihould have done.
> *' But
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Chap. vi. N E VV - Y O R K.
** But I do entirely 'agree with him, rn all that hti
** faid on that head ; and I hope I ha\^c; proved
that the fimdanencal Charts, bv th^ laws of
England, are as much part of thofe liberties
and privileges, and as mach by the cufloals
and laws of Ertgland, as any other of their liber-
ties and privileges are ; and of confequence,
the people here as much entitled to thofe fua-
** damental Courts, as to their other privileges ;
*' and have endeavoured to anfwer all the objec-
" tions that I heard were, or thought could be,
" made againft our bein^ entitled to the fame
"Courts. And upon the whole thereof, ai
** there has been much talked about the liber-
** ties and privileg:;s of the people, I would beg
** leave only to propound this one quedion, Who
*' is he that argues mod in favour of the liberties
•• of the people ? He who affirms and proves,
** that they are entitled to thofe liberties and pri-
*' vileges, laws and cuftoms of England, and the
*' good old original Courts, that are by thofe laws,
*' without an aft ? or, he v/ho argues and fays,
*' we are not entitled to them, unci! an aft is
" paflTed to eftablifh them ? I fuppofe the anfWer
*' would be given, without befitation, in favour
•' of the former.
*' But, Mr. Speaker, if it yet (hould be faid^
•' that there is a neceflity for making afts relating
*' to thofe CourtSj I would beg leave to offer to
'* this Honourable' Houfe, the imitation of fuch
•* laws relating to thofe Courts, as the wife legif-
lature of England have thought fit to niiake. I
prefume, it will not be faid, there can be a
better pattern offered for the Aflembly to go
by. And it is not to beilippofed, but that the
parliament nt home has made all the regula-
♦* tions therein that can be thought neccflary ;
whereas going into new fchrmcsand ncwittven-
Y 2 tions.
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T H te ^I I S T O R Y O F '*
<* t!<rf«,: fnJiy bif attended w?fh ihany incortv^nl^
^'^eh^d-i^sV wtfich, w^en they happen, may n6c be
♦<'fo eafily remedied,
" And 1 beg leave to conclude, by praying
•* that God Almighty may guide, direft, and in-
^/. fluencc this Honourable Houfei \h their debates
** and coniultations upon this momentous afiiiir,
•* and that the end thereof may be forthegood'^of
•* all the inhabitants of this colbhy:'"'^' '^^'^'^ "^1 !'
The oppofition to the Exchcqueti bccinic i?pw
ilronger than before the Council were heard. And
therefore, under thefe difcouragementS* the Couft
has taken cognizance, of no caufes fintc, V^n
Dam's, nor>lias i)m in4):e4 jevcr„l)pefl,4c^^nn)n-
■Cd f«...' ;. .:'Voq .,'j!t;./» ar: v-.-j a ,j£i .!..-. ..rjjj- ^'i o^ 0">v,- '
►dcii- 9rii yd "(ftoioo wan v'? ;> '§:nf»wi,.q arfj liotui 3iH) ,^toq '
ft"'')" ■ *' s, ' ' 'i_ ^' '! t3C' ' ji^tni -^^'iifo* * "f*^i* "'■ til'' -^ ''^ '^ IP ^'^f^
,^,f ^j^^ir Jfbb>» KiiiidoTph wrote ^w j^ntiments ebpc^nlnejliere
w yirfcinl^g J jlq^|J^4f>t" his le.ter >vil| r^c,*fifieptfil^.,}g,ibe
$fli)
.!gbM^ la^ no?'-
<t
bj '^'1 c'.t- 'jiU .11, ■/;-
«« nijeots of Mr^ Sffvith M|4 Mr. Murr^y,^ W the <Q^'neral
''**',VA(Iemt)|y <^f I^ew-,Tf sk;, in relation to the vourt of^|i<juity
^ '«Ilat}4ifKe|,i|»,Vjf-'i'» a^JP^w Court of Exctie^^iiwj whl^Upcr-
*i<j fwgen ihe,Goy^rl^%^od inc Prcfidcn| pf thifCouncif, jflbout
*^^thetr right tq^theXtiiary aaexed to the ofEcjC. of the Comman-
'" 'dpi- ig'ChieF, «!(j^e^er he be the (^ovetf^qr or Preildeni 'i and
'** i^ re<piii6 ftrafige to mr, that u'poq Aich an occafion, fpe^tra-
{*,. or^^hary a ftep (hpuid be taken, as the ercfting of a new
'**,pourtt exempted from the rules of proceeding at the, com-
** mqnUwj.when. the matter might have been decided in an
'^* aAiom pf tl;ie cafe upon an ia JeiitatifS ej/!mpj!tt VfhKh ii
].*^'tHe fettled method and moll expeditious remedy, in cajlcf of
"'y* '^bat natpri.; .,^ .^jil'j '
*V BotV tliefe gentleinen feem to have agreed in b;n<l|»oint,
** that it was necefTary to trace the Court otChancfftpr jiiind the
I " Equity Court in the Exchequer hack to their originaj^^ii^fti-
*' tution, inordertufitew whether the Governor of jti^^^plan*
. ** tation, bath a power or not to ered Coarts» in iiii^^ation.of
** thefe high and aclent ^Courts in England.— And from their
\ ' M refearchea
CHAP. VI. N E VV-Y O R K,r
' The judges gf this Court, a^i^cording to an A(5t
of Allembly, ^,ikQ judges of Nyi Prius of courfe ;
1 and.
3«Ji
y.iMV.jCi
'i
'* refearches, thej); Teem to liave made vfry different conclu-
*< fions, Mr. Smith rightly concludes- again ll the legality of
'* this Court ; bat Mi. Murray is afraid all muft be loft, if the
*' four fundamental Courts, as^he calli theoi, can't be obtain-
" ed in Ne«!-York.*-I own I don'i underAand the force of this '
'* fort of reafo nine;, nor can I conceivs, how any enquiry into
" the original cf the High Court ofChancerv, wiiichmult
" after allend in a meer conje£lur'*, can afford the lead ifSll-
'* tnce, in forming a right judgment upon this queilion, whicli
*' maft depend upon the pitrticular contUtutipn of thefeibrQiga
•* colonies,
•* The C'oart of Chancery in England, has its being from
*' cuilom and ufage, to whith it owes its legality. — If t(
*' were to be erected now by the King's power it could noc
f ' Hand ; therefore it is undoubtedly a great abfurdity to fup.
" pofe, that upon the planting every net^ colony by the Tub-
** je£ts of England, new Courts maft fpring up, as it were
*'' from the roots of the ancient CotiHs,''^nd be edabllHied
*[ v</ith'dut the confent of the legiilatUfe, "heebie we can imi-
**' tate tlicir miethoJs of pioc'iBding, though we are very im-
perfefl in comparifon to their reafon and judgment.—- Thei^
I think there is another impropriety in the debates of this
queftion ; they would argue from the power and preroga-
tive of the King, to entitle a Governor rOadt jn the fame
'* manner. I think before they turn a Governor into a King,
" they ihould take care, to provide fur hfm the f^me fuffici-
" ency of wifdotia and as able a cuundl i therefore I mil?! fuj-,
*'* pbfe, a liiigfary dilFertnce between the power of a King and
«« the Governor's abroad. — Their inftru£lion8 as to the ereft-
** ing of Courts, or the authorities grinted ip tlicir pat-
** tents for that purpofe, are not now, Ai they we:^e in the
*♦ beginning, wliea there were no Courts ; but proper
«* judicatureis' being long fince eftablifli?d, there is an en4
" of their power in that refpeit, and if any alteration is
•* found neceflary, it muft Cfrtaihly be done by the con-
** fsnt of thelegifla'ure. Tlie Kings of England have alway«,
*• (a far as 'I am acquainted with the hiftory of the plan-
*• tations, uffd a particular tendcrnef- in the buGnefs of ereft-
** ing their Courts of Juiicature, by direfling their Governors,
*' tq"take the advice of the General Affemblies in that matter,,
** and I dare fay, that if the patents and'inllruclions of tlis.
*' Goyei'nor of New-York ucie to be in(p?dltd, no fufficienp
** warrant will be found in them, to exercifc this high power
Y3 "tf
9i6
THEHISTORYOP
and, agreeable to an ordinance of the Governor
and Council, perform a circuit through the coun-
ties
** ofrettlng np new Courts. But be that as it will, this it
** moll manifell, that i'etiing up one or morn men, with power
*' to judge men's properties, by other rules than thofe of the
*' common law, b/ which alone w= of the plantations muft be
•* governed, mult fuSjeif\ the eftates of that people to an arbi-
•* trary iu!e, fo far as they are reilrained from appealing to an
** higher Jurifdidion, and may enfljvc them to the weak, if
** notcortu^t, judgments of thofc men,— It really feems to be
** a fingular misfortune to the people of New- York, that a
** queilion ofthis nature O^.ou Id be io far countenanced, as (o
become a fubjefl of argument, when I believe, in any other
colony, it would not have been thought a matter of any,
doubt or the leall difficulty. But above all, it is moft extra-
vagant that a Court of Equity fliould be erefted, for the
trial of a caufe, of which, without doing violence to its
nature, it cannot have any jurifJi^tlon ; and I have won-
dered, in fo warm a debact-, that ihis point has been palTed
f* over.— I think nothing could entitle the Court of Equity,
** to proceed in the caufe between the Governor and Vaa
•* Dam, unlefs there was a want of proof, of Van Daih'a
receiving the money in difputi?, which I ftjppcfe is in^pofli-
ble, ilnce it muft have liTued out of the publick treafury of
the province. — If 1 had been to have aigued this point, I
fhould have taken a very different method hom thofe gentle-
'* men. Inftead of takipg fo much pains, in running tliruugh
** fo many book cafes, to fettle what the conflitution of En-
** gland is, I would have ftated the coniU'ution ofthis parti-
*• cular government, as it is grounded cither upon treaties or
•' granfs from the Crown of England ; for et New- York was
*• a conquered country, it is very pruLable, fomething myy
*• have been llipuiatcd, between the States General and
*' Crown of England, in behalf cf the fubjeds of Holland,
'• which were left there in pofliffion of their eftates, and fo be-
" came fubjefts to England. — If there wss any fuch treaty.
** that mult be looked upon £S the funcamental law of the
*' province j and next to tnat, the King's charters muft take
M place. — I don't at all doubt, but UniM: way or other, the
** common law v.-as ellabliflud there, and if not, as there is a
*• legillature, I fuppofe if is adoptt d by the country; for there
*• is undoubtedly, a great difference bctv/ecn the {.eopleofa
*♦ cofiqutrcd country, and col; r.ics reduced by the King's
«• confent by the lubjicts cf Eiio]and. The common Jaw
" follows them wherever they £0, but Si to the ether, it rnuit
t . ' •• arife
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CHAP. VI. N E W.Y O R K. . • .
tics once every year. They carry with themi tt
the fame time, a commilTion of oyer ^nd tctroi-
ner and general gaol delivery, in which iome
of the county juftices are joined.
The Judges and pradifers in the Supreme, and
all^other Courts, wear no peculiar habits as they
do at Wcftnoinfter-Hall and in fomc of the Weft-
India Iflands •, nor is there, as yet, any diftin^ion
or degrees among the lawyers.-
The door of admifTion into the pra6i:ice is too
open. The ufual preparatories arc, a college or
univerfity educatio.., and three year's apprenticc-
fhip i or, without the former, feven years fer^
vice under an attorney. In either of thefe cafes,
the Chief Juftice recommends the candidate to the
Governor, who thereupon grants a licence to
practice under his hand and feal at arms. This
being produced to the Court, the ufual ftate-oaths
and I'ubfcription are taken, together with an oath
for his upright demeanour, and he is then quali-
fied to practice in every Court in the province.
Into the county Courts, attornies are introduced
with ftill lefs ceremony. For our Governors have
formerly lic):nfed all perfons, how indi^erently fo-
•* arif« either from treaties or grants ; therefore it is a pity,
** every tbing in relation* to this matter has been omitted,
which would have been of great ufe tothofe, who are unac>
quainted with the fads, jo forming a judgment in ^his
cafe. — 1 can't forbear obferving a mighty weaknefs in the
lawyers of New- York, in blindly following a commoq error,
in relation lo the lUtutes of England being in force there ;
whereas there is no foundation in fenfe or reafon for fach an
opinion. The common law mutl be the only rul^t and if we
** wade into the ilatuces, no man can tell what the law is. It
*' is certain all of them can't bind, and to know which do.
•* was always above my capacity. — Thofe that are declarative
** of the common law, ferve us rather as evidences, than by
<< any binding quality as Aatutes.
. ■*' I am. Sir,
** V our moft obedient Servant, Sec.
** John Randolph.**
Y 4 ever
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it$
TH E H I S T O R Y O 9
>ver recommended •. ?rA ihr; profvffton has beei)
Ihamcfully difgr-A .« . by the admiflioon of men
hot only of the me. (t aoiuties, but of the loweft
employments. The title of the Judges of the
fuprr me court is The Honourable*
They have but two clerks j one attendant upon
the Supreme Court at New-York, and theocher on
the circuits. The former feals all their procefs,
and is keeper of the records.
The Court «/ Admiralty.
The only Officers of this Court are the Judge.
or Commiffary, the Regifter or Marfhal. The
Judge has, by his commifBon *, a jurifdidtion in
all maritime aifairs, not only here, but in the co-
4onk*s of New-Jcrfey and Cont^eflicut. The pro-
ceedings before hitn are in Englilh, and according
*i:o the courfe of the' civil law.
■ J I!.
The Vit'EK&oATiyt Court.
Thb bufinefs^>of this Court relates to the pro-
bate of laft Wills and fceftaments, and the grants 6f
letters of adminifliration on intedates ellatcs. The
powers, relative t^ thefe matters, are committed
to the GovernorV' who adls ordinarily by a dele-
..u
The Court of the Governor ^»^ Council.
i t.'...'i, ■■'■ . 'V- ; ! ; -■ '. , •, ■ » - ' , i' '; •
THE.aiitbority of thifr Court js bei^ (f en .ii) UiQ
infirudtion oti which it depends. » (?V i<'^''
^*;*''OCir will and pleafure is, th^tyou, dr the
*•; tomihandcr in Chief of our fa'^d prqy mce^ . fpr
> ^ It i» uaderiM ftal of the Admiralty, and dated Jlantury
i6, 1758. .:•;.... ^ji v.. i ..f.'
'^ "the
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^HAp. VI. N E W - y O R K.T
^* the time bcinp:, do in*all civil caufes, onappH*
" cation bein r made to you, or the Commander
** in Chief tor the ti-n.: being, for that purpofc*
'* permit and allow aj^pfals, Jiom iny of the Courts
*' of coniiiK)n law hi our faid province, unto you,
"* or the Conimandcr in Chief, and the Council -
*' oi' our laid province •, and you are, for that
*' puifjole, lo ifiTue a writ, in the manner which
liUs been ufudiiy accullomcd, returnable before
yourfclf and the Council of our faid province,
who are to proceed to hear and determine fuch
appeal^ wherein fuch of our faid Council, as
(hall be at that time Judges of the Court from
whence fuch appeal ihall be fo made, to you our
Captain Geneiai, or to the Commander ip
" Chief for the time being, and to our faid Coun-
cil, as aforefaid, ihall not be admitted to vote
Upon the faid appeal } but they may, never-i
** thelefs, be prefent at the hearing thereof, to
** give the reafons of the judgment given by them,
*' in the caufes, wherein fuch appeals (hall be
," made.
" Provided neverthclefsj that in all fuch ap-
f* peals, the fum or value appealed for, do exceed
,f « (the fum of 'three hundred pounds fterling;
■;*^ and that fecujrity be firll duly given by the ap-
*' pellant, to ahfvyer fuch charges, as (hall be
'* awarded in cafe the firlt lentcnce be af-
*• firmed; and if cither party fhall not reft fatis*
* Before the arrival oYSirDanvers Ofborn, appeals were
ftiven to the Governor and Council, in all cauf(s above lool.
nerlirig, ^rtd to the King in Council, in a)t thofe above 300I.
flerling. By this inilrii«ition, the power of the Supreme Court
ardqf the .Qoveitnor aud Council, is prodigioufly augmenttd.
In this ih^jiht coiihciy fewcontracls are equal to the fains mea«
ti(!>ned in the inlhu^ion, and therefore an uncontrolable autho-
rity in our courts may be dangerous to the p'operty and Ifbrr-
tkaof the people. Proper checks upon Judges prefer>e them
both from iodoleocc a:i(i Corruption.
" ficd
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THE H I S T O R Y. OF
.,*v*-, fif d with the judgment of you, or the Comman-
■ ,*li.^cr in Chief for the time being, and Council as
" atbrefaid, our will and pleafure is, that they
" may then appeal unto us in our Privy
" Council. Provided the fum or value fo ap-
j*' pealed for unto us, exceed five hundred pounds
^■V! sterling i and that fuch appeal be made within
.•/ fourteen days after fcntence, and good fecurity
*.* given by th;; appellant, that he will effedtually
,^* profecute tho fame, and anfwer the condemna-
'*' tion 5 and alfo to pay fuch cofts and damages,
•' as fliall be awarded by us, in cafe the fentSnce
of you, or the Commander in Chief for the time
bemg, and Council be affirnjed. Provided
nevertheiefs, where the matter in queftion re-
lates to the taking or demanding any duty pay-
able to us, or to any fee of office, or annual
rent, or other fuch like rpatrer or thing, where
the rights in future may be bound, in all fuch
cafts, you are to admit an appeal to us in our
*' Privy Council, though the immediate fum or
value appealed for, be of a Icfs value. And it
is our further will and pleafure, that in all
cafes, where, by your inftruftions, you are to
^' admit appeals to us' in our Privy Council, exe-
cution be fufpended, until the final determina-
tion of fuch appeals, unlefs good and fufficient
ftcuricy be given by the appellee, to make ample
refiiiiition of all that the appellant (ball have
jofi, by means of fuch judgment or decree, in
cafe upon the determination of fuch appeal,
" fuch decree or judgment fiiould be rcverftd,^and
^' jeftitucion awarded to the appellant."
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- Th« COURT of CHANCE RY.
Gf all ou! Courts none has been more obnoxi-
ous to the people* than this. There have been
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CHAP. vt. N E W - Y O R K.
(as I have already fhewn) few adminiftrations
fince its firft eleftion, in which our Aflemblies have
not exprelTed their difapprobation of its con-
ftitution by ordinance, and the cxercife of the
Chancellor's power by the Governor. During the
adminiftration of Governor Cofhy, a bill was filed
by Sir Jofeph Eylcs and others, to vacate the ob-
long patent granted by his immediate prcdeceflbr
to Haulcy and Company. The defendants ex-
cepted to the Governor's jurifdidion, but being
over-ruled, they reforted to the Affembly with a
complaint, and the Houfe on the 6th of Novcm-
t'^r, 1735, refolved,
" That a Court of Chancery in this province,
^* in the hands, or under the exercife of a Gover-
nor, without confent in General Affembly, is
contrary to law, unwarrantable, and of dar.-
gerous confequence to the liberties and proper-
ties of the people."
The fame fentiments obtained among the peor
pie in Mr. Clarke's tim^, as is very evident in the
memorable ^ddrefs of the Affembly, in 1737, apart
of which, relative to the Court oi Chancery, is
too finguiar to be fuppreffed.
** 1 he fettling and cftablifhing of Courts' of
general jurifdidlion, for the due adminiitration of
juliice, is neccffary in every counrry, and we
conceive they ought to be fettled and cftablifhed
by the ads of the whole legiflature, and their
fcveral jurifdidions and powers by that a-utho-
rity limited and appointed, efpccially Courts
that are to take cognizance of matters in a
courfc of tquit 7. i his has been the conftant
pradice in England, when new Courts were to
be eredled, or old oncS to be aboliflied or
altered •, and the fcveral Kings of England, in
whofe reigns thcfe ads were niade, never, con-
f* ceived that the ictUing, ereding, or abolilhing
Courts,
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THE HISTORY OF
Courts, by a£¥s of the legiflature, had any ten«
dency to deftroy^ or in the lead todiminilh their
jud and legal prerogatives. It was the method
in ufe here, both before and (ince the Revolu-
tion, and particularly recommended to the Af-
fembly to be done in that manner, by a meflage
fage from Governor Sloughter and Council, on
the .15th day of April 1691. He was the firft
Governor fince the Revolution ; and the Gover-
nors that fmce that tim^ alTented to thofe ads,
we fuppofe, never in the leaft imagined, they were
giving up the prerogatives of their maftcrs
when they gave fhat aflent ; nor did we ever
learn that they were cenfured for doing fo. On
the contrary, the conftant inftruftions that have
from time to timebeea given to the Governors,
of this province^ feem cTearly to point out the
doing of it, by a£ts of the leg^aiiure, anfl not
otherwife, as may be gathered from theinftr.ucr
tion, for the ere^ing of a Court, fpr the, (deter-
mining of fmaU pavifes, by whicli there are pofi-.
tive dire(5tions^iven to the Governor, torecopi-
^end it to the Affembly, that a la^w ihou]4i)e
paffcd for that purpofe ; but\pptwith|^^ndjpg
thelc diredions, given in direSb^an^ CKprels
terms, the Goj^ernors never w.ouldappjy for
fuch an a<5t, but.erefted that Court by,anordi-
nahce of themfetvps and Council, i^^ ^hey did the
Court, of Chancery, which had, ^erbre that time
be^n erected by atfcs of the legitj^ture in ano-
ther manner. They could not pe ignorant what
di0atisfa6tion the erefting of ^ Court of Chan-
cery in that manner, gave the generality of the
people. This was very manireli, by the reiblves
of the General AflTcmbly, at the time of its firlt
being fo eredled, and often fmce, declaring the
illegality of fuch a proceeding. And though
ihclcrelolvcs have been, as often as made, treated
by
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tHAP. VI.
" by Hit (j'6yerri6Vs witl^ an nnreafonabl-j dPA-e^cT
**^atitjt6ntchipt'oft1iem, yet to men otpn'iM&e,
" tft^V;pmm' Hliye beefi^'effealral, ro have made
"^^H^'ciedirifc perMfm|"'rtia procedure fo illegal
"'^Oplo'geiieril^^'^^tffffi^^^ and which (as
**'^ey^m'ari&eII'ir)'proV'6a of no ufe to the public
*%rbjnefirda,'die?nieives. For as few of them
"^haditkteilts'equafto the taflc of a Chancellor,
*''1wfifA"titey'!iad iiHderraken to perform, fo it was
'•''jricecute*d accordingly. Some of them being wil-
'ling to hold fiich 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 fruitlefs expence attending it, ren-
'* dered it not only ufelefs, but a grievance to the
'* inhabitants, efpecially thofe who were fo unfor-
** tunate as to be concerned in it •, which we hope
** you think with us, that ic is high time fliould be
" redreffed.
** Your Honour well knows, that the eftablifh-
" ing that Court, in the manner it has been done,
•* has been a fubjeft of contention between the
" Governors and thi: Alfembly ; and fince it is
*' cpnfelftd by all, that the cftablifhing both of
Mr
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^' queftiorfably (i;£'al, what is (o, canndji. fe^cr.,
"(trudiive; af his Maiefty's prerogative'^— We
**' thcfefoi-e hbj^e, you will make no fcruple of
^^'^ '^fifehting ItO this bill, to put'an end to a c6n-
^^jtention, ^hat has not been, nor wiil be, while
'^Hvhile /it continued, beneilciai to hijs Maiefty's
v)'^- Fi>,nr
3.1 J'
From
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THft HI 8 TQR X OP
From this time the Chancery has been unit*
taclMe4 by the Aflfeoibly, but the bufineis tranfadt-
ed in it is very inconfidd'able. A Court of Equity .
is abfolutely neceflary for the due admiliidratioif
of juftice •» but whether private property ought to
be in the hands of the Governors j f leave others to
determine *. As the public bufinefs of the colony
increafes, few of them, I believe, will be ambitious
of the Chancellor's office, as tbey have not the!
afliftance of a Matter of the Rolls. This Court is
always held in the Council- chamber at the fort.
There are two mafters, two clerks, one examiner,
a regifter, and a ferjeant at arms, belonging to
the Courts, but not one of them has a falary. In
our proceedings we copy after the Chancery in
England, and indeed in all our Courts, the prac*
tice at home is more nearly imitated in this and
New- Jerfey, than in any Jther province upon the
Continent. Few of our Affemblies have been
capable to concert any new regulations of this
kind} and hence the lawyers have had recourfe
to the Englifli cuftoms and forms, which they
have generally adopted. While the New Eng-
land colonies, through the fu^erior education of
their Reprefentativcs, have introduced numberlefs
innovations, peculiar to themfelves; the laws of
our Mother Country have gradually obtained
here ; and, in this refpeft, the public has perhaps
received advantages, even from the ignorance
of our anceilors.
* Some are of opinion, that the Governor's jarlfdiflion in
this, and the Spiritual, or Prerogative, Court are incompatibie.
1? / N J S,