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JSTEW-YORK. # • • .' • . ,* ' * ' • ' : • ■• , . •• • -jv' 1 1 1 T > q 1 > , *■• .1 O , .,- ., ' J * <* a « a ■* 1 1 ' 11 ' t* d 9 i)_ • » :' » • • • *• « • " T, » « 1 1 > <» ■> »e' *,,« *^' • ' ■>!* •I '» ♦ » « I » i 13 %■ % « ^ p ,' , • . . • • , • ... - • * « • . • I • • I • < « •:;••. ..■Sti,l ^ - '■■' ■'- i^^ HISTORY ov NEW-YORK, FROM THE FIRST DISCOVERY TO THE YEAR M.DCC.XXXn. TO WHICH IS ANITEXED, A SESCniPTIOST OP THE COUSTIIT, WITH A SHOIIT ACCOUNT OF THE IITHABITASTS, THEin llEtlOlOrs AXl) POI.ITICAT. STATF, ASTD THE CONSTITPTION OF THE COrilTS OF JUSTICE IW THAT COIOS^V. m Lo ! swarming o'ei- tliP new clisicovciM world, fiay colonies extend j the calm retreat Of undeserv'd distress Tiiombon. JVec minor eil t'lrlus, qvam quff-rrrc, jmrfa liicri. BY WILLI AIM SMITH, A. M. WITU a CONTINUATIONy ^ From the Year 1T32, to the Commciircnient of the Yf ar lOH. jj) -*.' ALBANY: PRINTED BY RYER SCHERMERH6RN. Sold by bimiclf and G, Forbes, Albany ; H. Stockwell, Troy ; A. Pcward, UHcaj nnd A!ndru9 & Starr, Hartrord. * 1814. ► i . 1 r, ") » • a Jf& District t^f Netv-York, ss. BE it remembered, that on the thirtieth day of July, in the thirty-ninth year of the Independence of the United States of America, Ryer Schermerhorn, of the said district, has deposited in this office the title of a Book, the right whereof he claims as proprietor, in the words and 6gures following, to wit : " History of New- York, from the first discovery to the year m.dcc.xxxii. To whirli is annexed, a description of the country, with a short account of the inhabitants, theic reli- '0U8 and political state, and the constitution of the courts of justice in tliat colony. W* ♦* Lo ! swarming o'er the new discover'd world, V' " Gay colonies extend ; the calm retreat ■•%,/ *' Of undeservM distress Thomson*. /ty ** ^tc minor est virtus, qtiam quarere, parta tueri. " jBy^'V^illiam Smith, A. M With a continuation, from the year 1732, to the commence* * ment of the year 1814," Inf«^formity to th« act of the Congress of the United States, entitled " An act for the encoilpAement of learning, by securing tlie copies of maps, charts and books to the authors and pfgfKftton of such copies, during the time therein mentioned." And also to an act, entitled#^an act supplementary to an act, entitled an act for the encouragement of learn- ing, by securing the copies of maps, charts, and books to the authors and proprietors of fluch copiA. during the time? therein mrntioned, and extending the benefits thereof to the arts oikftsigning, engraving nnd etching historical and other prints." I > , THERON RUDD, Clerk of the Diitrict of New-York. .V.-5 4 * AD VER TISEMENT. 4 ■* %i XN point of wealth, resources and importance, the state of New- Fork is second to none in the Union. She has been the theatre of interesting transactions since her first colonization. 1 he ambitious views of the aspiring court of France, while it controuled the Cana- das, were frequently directed to her subjugation : and in repelling the incursions of the French and Indians, much of her blood has been drawn, and much of her treasure dissipated. The history of the founders of this state is crouded with striking incidents. With a bravery and vigour of soul, which, were they recorded in Grecian or Roman history, would have exalted theii^ names, they defended their territory against invasion, and their civil and religious rights from the encroach- ments of arbitrary power. In truth, they possessed an unusual portion of that proud spirit of freedom, which looks indignantly upon chains, and spurns coercion. In reviewing the condor- of our ancestors, we find much to swell our bosoms with honourable pride. • Little attention, however, has, hitherto, been directed to the history of this state. While New-Hampshire, Mas- sachusetts, Connecticut, Vermont, and some other states, possess accurate and valuable historical memoirs, of recent date, New- York has been, for the last seventy years, entirely neglected. The history by Judge 11 1 J 1 i f:- # # VL Smith, is a work of established reputation, but it closes when the more interesting events of our history begin to develope. To supply this deficiency, as far as pro- gress has been made, is the object of the continuation to the present work. How far, and how successfully this has been accomplished, is left to the decision of the candid and impartial reader. The historical facts have been collected from official documents, so far as these were accessible ; and where these were deficient recourse has been had to such other sources as were entitled to credit. In copying Smith's history, few deviations from his mode of spelling the names of places, particularly such as are derived from the aboriginal tongues, have been made. It is believed that he adopted the mode of spell- ing which conveyed most clearly the sound of Indian words. ,.'t i TO THE RIGHT HONOURABLE GrEOMGrEj EARL OF HALIFAX, VISCOUNT SUNBURY, First Lord CommissioDcr of Trade and Plantations, &c. &c. MY LORD, I BEG your favourable acceptance of this short account of the ancient and present state of the province of New- York. It is not presented for your lordship's information. All the world knows that the affairs of the British colonies have been, for several years past, under your principal direction : and the wisdom of the mea- sures pursued for their prosperity and defence, ai'e indisputable argu- ments of your acquaintance with their condition. Nor am I induced to inscribe these pages to your lordship by inte- rest, the common motive to addresses of this kind. Being, therefore, uninfluenced by the principle, I shall not follow the example, of dedi- cators ; but suppress those sentiments concerning your lordship, which would, nevertheless, give offence only to yourself, and to those who envy your talents and your virtues, and are enemies to their effects, your reputation, and your power. My lord, your ardent attention to the American plantations, and as- siduous labours for their protection and growth, have laid us under the most indispensable obligations to gratitude. Tour lordship will, therefore, excuse me for embracing this opportu" nity to make a publick declaration of the deep sense I have of your kind offices to my country, and to do myself the honour of testifying, that I am, my lord, your lordship's Most obedient and most humble servant, WILLIAM SMITH. New- York, June 1 5, 1 756. t'D ^ t -«. I J: W -y^^. .r - i >t JPREFACE- 1^' ▼ ▼ HOEVER considers the number and extent of the British colonies, on this continent ; their climates, soil, ports, rivers, riches, and numberless advantages, must be convinced of their vast importance to Great Britain ; and be at a loss to account for the ignorance concerning them, which prevails in those kingdoms, whence their inhabitants originally sprang. The mer- chants indeed, by profitable experience, liave not been altogether unacquainted with our trade and our growth — and some gentlemen of an inquisitive turn, by the help of their coiTespondents, have obtained the know- ledge of many other particulars equally important. But the main body of the people conceive of these plantations, under the idea of wild, boundless, inho»« pitable, uncultivated desarts ; and hence the punish- ment of a transportation hither, in the judgment of most, is thought not much less severe, than an infa- mous death. Nay, appealing to facts, we may safely assert, that even the publick boardSj to whose care these extensive dominions have been more especially committed, attained but lately, any tolerable acquain- tance with their condition. This is the more to be wondered at, as it is natural to imagine, that the king's governours have statedly transmitted full accounts of ^^i % Preface. their respective provinces. The case has been quite otherwise. Governments were heretofore too often bestowed upon men of mean parts, and indigent cir- cumstances. The former were incapable of the task, and the latter too deeply engrossed by tlie sordid riews of private interest, either to pursue or study our common weal. The worst consequences have result- ed from these measures. Perpetual animosities being engendered between the governours, and the people subjected to their authority ; all attempts for conciliat- ing the friendship of the Indians, promoting the fur trade, securing the c >imnand of the lakes, protecting the frontiers, and extending our possessions far into the inland country, have too often given place to par- ty projects and contracted schemes, ecjually useless and shameful. The conduct of the French has been just the reverse : in spite of all the disadvantages of a cold climate, a long and dangerous navigation up the river of St. Lawrence, a roufgh, barren, unsettled'^^ country, locked up from all communication with the ocean, ttie greatest part of the year ; I say, notwith- standhfig these difficulties, tliey have seized all the ad- vantages which we have neglected. The continent, for many hundred leagues, has been thoroughly ex- plored, the main passes fortified, iiinumerable tribes of Indians, either won over to their interest,! subdued or bridled, the fur trade engrossed, a communication maintained between the extremes of New-France, the British colonies restricted to scant limits along the sea * " Encore moins peuplc." Chavlcvoir. f " N6trc natioD, la seule, qui aif cu le ?f?crct do gn«;n«M' I'afttf liun. •lea Amcriquains." Chnrkmix, m Preface* XI rr quite ► often ml cir- le task, sordid dy our result- 1 being people nciliat- :he fur tecting ir into to par- useless s been [ges of on up tiled* th the •twith- he ad- inent, y ex- Iribes 3dued :ation p, the le sea ^ Vrtiun. shore, and nothing left remaining for the establishment •of a vast empire, but to open a free water passage to the ocean, by the conquest of the province of New- York. If the governours of these plantations had formerly been animated by the same generous and extensive views, which inspired Mn Burnet ; the long projected designs of our common enemy might, with the aid of Great Britain, have been many years ago supplanted, or at least defeated, at a trifling expense. But alas ! little, too little, attention has been had to these impor- tant affairs, till the late encroachments on tlie river Ohio, in the province of Pennsylvania, gave the alarm, and the ministiy were apprised of the French machi- nations, by the seasonable representations of General Shirley ; and if the colonies have now attracted the notice of his majesty and his parliament, their grateful acknowledgments are due principally to tlie noble lord, to whom tliese sheets are dedicated, for his laud- able enquiries into their state, and his indefatigable zeal and industry for their defence and prosperity. At present our affairs begin to weai* a more smiling aspect. We are under the guardianship of a sovereign who delights in tJie welfai-e of his people ; are respect- ed by a parliament, affected with a generous sympa- thy for the distresses of their fellow subjects, in all their dispersions ; and by a wise improvement of the British aids, it is hoped, we sliall be able to retrieve the ill consequences of our long, reproachful, and in- sensible security. Formerly the colonies were at home disregarded and despirtcd, nor can any other reason be assigned for it, than that they were unknown. This is, in a great aTii Preface, degree, to be imputed to ourselves. If our governour* withheld those informations, whicli their duty required them to have given, persons of private character ought to have undertaken that useful and necessary task. But, except some accounts of the settlements in the Massachusetts Bay and Virginia, all the other histo- ries of our plantations upon the continent are little else than collections of falsehoods, and worse than none. That this charge against those published con- cerning this province, in particular, can be fully sup- ported, I persuade myself, will incontestably appear from the following summary, concerning which I shall say a few words. ; Having been formerly concerned, according to an appointment by act of assembly, in a review and di- gest of our provincial laws, it was the duty of myself, and my partner in that service, to peruse the minutes of the council, and the journals of the general assem- bly, from the glorious revolution, at the accession of king William, to the year 1751 : and as an acquaint- ance with our publick transactions, was a branch of instruction, of which a student for the profession of the law ought not to be ignorant, I have since re- examined those entries, beginning with the first min- ute-i of council, and read over many of the records in the secretary's office. From these authentick ma- terials, the following pages were, in a great measure, compiled. For many of those parts, which concern our aflfairs with the French and the Indians, antece- dent to the peace of Ry swick, in 1697, I am bound to make liberal acknowledgments to Dr. Colden, tlie au- fLhor of the history of the Five Nations. . JMr. Alexander, a gentleman eminent in the )aWj Preface, dim. 'ernouri equired T ought ry task. ; in the r histo- e little se than 3(1 con- lly sup- appear i I shall % to an and di^ myself, ninutes assem- sion of juaint- ich of lion of ice re- \i min- ecords k ma- asure, •ncern ntece- md to e au- ) Jaw, I and equally distinguished for his humanity, generosi- ty, great abilities, and lionourable stations, supplied me with some useful papers ; and has left behind him a collection, that will be very serviceable to any gentleman who may hereafter incline to continue this narrative, through the administrations of Mr. Cosby, and Lieutenant-Governour Clarke. The draught of this work was unfinished, at the time of Mr. Alexaii- der's decease ;* and therefore, as it never passed un- der his examination, many important additions are- lost, which his long and intimate acquaintance with the affairs of this province would have enabled him to supply. When I began to frame this digest, it was only in- tended for private use ; and the motives which now induce me to publish it, are the gratification of the present thirst in Great Britain after American intelli- gences : contributing, as far as this province is con- cerned, to an accurate history of the British empii-ef in this quarter of the world ; and the prospect of do- ing some small service to my country, by laying be- fore the publick a summary accoimt of its first rise and present state. Influenced by these views, I am not so regardless of the judgment of others, as not to wish it may be, in, ♦ He died on the 2d of April, 1 756. t Ab the provinces are differeut in their constitutions, and wilh respect to government, independent of each other ; no general history •f America can be expected, till gentlemen of leisure will draw up particular accounts of the respectiTe colonieB \vith which they are Miquainted. V. xir Preface, some measure, acceptable. To please all sorts of rea- ders I know is impossible : he who writes with such hopes, is a stranger to human nature, and will be in- fallibly disappointed. My design is rather to inform than please. He who delights only in pages shining with illustrious characters, the contentions of armies, the rise and fall of empires, and other grand events, must have recourse to the great authors of antiquity. A detail of the little transactions, which concern a co- lony, scant in its jurisdiction, and still struggling with the difficulties naturally attending its infant state, to gentlemen of this taste, can furnish no entertainment. The ensuing narrative, (for it deserves not the name of a history, though for brevity's sake I have given it that title) presents us only a regular thread of suuple facts ; and even those unembellished with reflections, because they themselves suggest the proper remarks, and most readers will doubtless be best pleased with their own. The sacred laws of truth have been in- fringed neither by positive assertions, oblique, insidious, hints, wilful suppressions, or corrupt misrepresenta- tion. To avoid any censure of the kind, no reins have been given to a wanton unagination, for the invention of plausible tales, supported only by light probabili- ties ; but choosing rather to be honest and dull, than agreeable and false, the true import of my vouchers hath been strictly adhered to and regarded. With respect to its style, the criticks, in that branch f)f literature, are at full liberty to condemn at their pleasure. The main use of language is to express our ideas. To write in the gay, pleasing, pomp of diction, is above my capacity. If any are disposed to blame me for being too verbose, let it be remembered that ^ 4 > A Is of rea- with such ill be in- to inform s shining f armies, d events, intiquity. ;ern a co- ling with state, to tainment, name of given it f shnple flections, remarks, sed with been in- isidious, >resenla- ins have ivention obabili- [11, than ouphers branch it their ess our diction, blame 2d that T.A, i I ■••m Preface, n- 3JV . '^i^« this is the indefeasible right of my profession, founded upon immemorial prescription. Perspicuity is all I have endeavoured to maintain, nor am I at leisure to study any higher attainments in lansua^e. r*""©" W' ^' . ■*l ff*" ,:* -": ^•;: ■ f ' 1 I • .. ■■■*. ' '^' 1 i i ' -# 1 1 i ! 1 ■ I *• 1 -, "^ , ■ i. , ■ . ■#*. * : / ' * ,-t - ■ ^' / ■ . * k . 1 1 1 J r' f • f '■^ i m --'-^jp ■ » HISTORY OIP NEW-YOBit. J,* ■ ''V; m fi PART I. JProm tjie Discovery of the Colony to the SutrtrHie* in 1664. Christopher columbus, a Genbes^; ^- ployed by Ferdinand and Isabel, king and queert 6f Castile, was the first discoverer of AnTerica** He sailed from St. Lucar in August, 1492, and made sight of one of tlie Bahama islands on the elfev6nth of October following. Newfoundland and thes maili con- tinent, were discovered five years after, by Sebastian Gabato, a Venetian, in the service of Henry VII. ^of England, from the 38th to the 68th degree of liortV latitude. On the tenth of April, 1606, king .Tatties I. for plants ing two colonies, passed the great lioilh and south Virginia patent. To Sir Thomas Gates and other^f leave was given to begin a plantation, at any place on the continent, they should think convenient, betWeeil' * Some authors alledge, that Coltimhus first offered his services (o the republick of Genoa ; then to John II, of Portugal, and afterwards ib our king Henry YII ; but this disagrees irith Lord Bacon's ac- count, who informs us, that Christopher Columbus sailed, before his- brother Bartholomew had laid the project l)efore the king, which was owing to his falliogiBto tb* hands pf pirates on U% war to fisglmid. 3 > t-' "♦, m '*!» ^ ^ -t *. id History of New-York. ^ the 34th and 41st degi-ecs of latitude : and all the landsp extending fifty miles, on each side, along the coast, one hundred miles into tlie country, and all the islands within one hundred miles opposite their plantations, were granted in fee, to be called the first colony. By the same patent, a like quantity was granted to Tho- mas Henham^ Esq. and others, for a plantation between 38 and 45 degrees of latitude, under the name of the second colony. The first began a settlement in the great bay, (Chesapeake) in 1607. The latter was plant- ed at Pljinouth, in JNew-England, 1620. . Henry Hudson, an Englishman, according to our au- thors, in the year 1608,=^' under a commission from the king his master, discovered Long Island, New-York, and the river which still bears his name ; and afterwards sold the country, or rather his right, to the Dutch. Their writers contend, that Hudson was sent out by the East-India company in 1609, to discover a north west passage to China ; and that having first discovered Del- aware bay, he came hither and penetrated up Hudson's river, as far north as the latitude of 43". It is said, however, that there was a sale, and that the English ob- jected to it, though they for sqme time neglected to oppose the Dutch settlement of the country.^ In 1610, Hudson sailed again from Holland to this country, called by the Dutch, New-Netheiland ; and four years after, the States General granted a patent to sundry merchants, for an exclusive trade on the Worth • Charlevoix, a French Jesuit, author of the General Hktory of New-France, thinks this discovery was in 1609, vol. I. 12mo. edition, pr. 221. But„Stith, Douglas, Oldmixon, and ether English writers agree that Hudson's first voyage was iu the preceding year. ^^-.i m ■S" History of NerV' York. 19 lliver, who in 1614 built a fort, on the west side, near Al- bany, which was first commanded by Henry Christiaens. Captain Argal was sent out by sir Thomas Dale, go- vernour of Virginia, in the same year, to dispossess the French of the tw o towns of Port-Royal and St. Croix, lying on each side of the bay of Fundy in Acadia, then claimed as part of Virginia*. In his return, he visited the Dutch on Hudson's river, who being unable to re- sist him, prudently submitted for the present to the king of England, and under him to the governour of Vir- ginia. Tlie very next year, they erected a fort on the south-west point of the island IV'Ianhattans, and two oth- ers in 1623 : one called Good-Hope, on Connecticut river, and the other Nassau, on the east side of Dela- ware bay. . The author of the account of New-Nether- landf asserts, that the Dutch purchased the lands on hoih sides of that river in 1632, before the English were settled in those parts ; and that they discovered a little fresh river, farther to the east, called Varsche Riviertie, to distinguish it from Connecticut river, known among them, by the name of Varsche Rivier, which Vander- donk also claims for the Dutch. * Charlevoix places this transaction in 1613. Vol. I. IJist. of New- France, in 12ino, p. 210. But Slith, whom I follow, being a clergy- man in Virginia, had greater advantages of knowing the truth tlian ihc French Jesuit. . , , t The pamphlet is entitled, " Beschr} vingho van Virginia, IS'eiuw Nederlaud," &c. and was printed at Amsterdam in 1051. It contains two descriptions of the Dutcli possessions. The first is a copy of that published by John De Laet, at Leyden. The second gives a view of this country several years after, in 1649. A short representaaon of the country of the Mahakuase Indians, written in 1644, by John Me- gapolensis, jun. a Dutch minister residing here, is annexed to that part fii the pamphlet coaccrning Ncw-JS^clhorlaud. "* ^■■^ M II ■* m % %. 00 jpisiary of New-York, Petermined upon the settlement of a colony, the Sl^tefi General made a grant of the country, in 1621, to the West-Ind'a company. Wouter Van Twiller, anived at Fort-Amsterdam, now New-York, and took upon hin^ (aelfthe government in June, 1629. His style, in the pa- tents granted by him, was thus, " We director and coun- cil, residing in New-Netlierland on the island Manhatr tans, under the government of their high mightinesses, the Jords States General of ihe United fJetherlands, and the privileged West-India corrryany." In his time the iffew-England planters extended their possession West- ward as far as Connecticut river. .Jacob Van Curlet, the commissary there, protested against it, and in the pecond year of the succeeding administration, undef William Kieft,* who appears first in 1638, a prohibi- tion was issued, forbidding the English trade at fort Good-Hope ; and shortly after, on complaint of the in- dolence of the English, an order of council was made for pending more forces there, to maintain the Putch terri- tories. Dr. Mather confesses, that the New-England men first formed their design of settling Connecticut riv- er in 1635, before which time, they esteemed that river, at least 100 miles from any English settlement ; and that they first seated themselves there in 1636, at Hartford;^ near fort Good-Hope, at Weathersfield, Windsor, and Springfield. Four years after, they sfeized the Dutclj garrison, and drove thena from the banks of the river, 0.- •A * We have no books among our Dutch records remaining in the secre- tary's office, relating to state matters, before Kieft's time, nor any enrol- jnent of patents, till the year after Van Twiller arrived here. Mr." J?- <:ob Goelet supplied us witli several extracts from the Dutoh recor- the pa- id couji- ^lanhatr Linesses, ids, and ime the 1 West- Curlet, in the , unde^r prohibir at fort I the in-- ladefor ;h terrir Ingland cut rivr t river, d that rtford, r, aiid Dutch river, ^c secre- ciirol- Vlr.' J^. ^ History of New-York. m tiaving first settled New-Haven in 1638, regardless of Kieft's protest against it. ' The extent of New-Netherlandwasto Delaware, then called South River, and beyond it ; for I find, in the Dutch records, a copy of a letter from William Kieft, May 6, 1638, directed to Peter Minuit*, who seems by the tenour of it, to be the Swedish governour of New- Sweden, asserting, "that the whole South River of New^ Netherland, had been in the Dutch possession many years above and below, beset with forts, and sealed with their blood." Which Kieft adds, has happened £ven during your administration " in New-Netherland, and so well known to you." The Dutch writers are not agreed in the extent of Nova Belgia, or New-Netherland ; some describe it to be from Virginia to Canada ; and others inform us, that the arms of the States General were erected at Cape Cod, Connecticut, and Hudson's river, and on the west side of the entrance into Delaware bay. The author of the pamphlet mentioned in the notes gives Canada riverfor a boundary on the north, and calls the country, north west from Albany, Terra Incognita. ^ ■ i * The aaonymous Dutch author of the Deacription of jS'ew-riTcther- iand in 1349, calls him Minuewits ; and adds, that in 1G38 he arrived at Dela^rare with two vessels, pretending that he touched for refresh- nient in his way to the West-Indies ; but that he soon threw off the disguise, by employing his men in erecting a fort. The same historian informs us, of the murder of several Dutch men, at South River, by the Indians, occasioned by a quarrel, concerning the taking away the States* arras, which the former had erected at the first discovery of that country; in resenting which an Indian had been killed. IfKieft's let- ter i^lludes to this affair, then Minuit preceded Van Twiller, in the Cihief command here ; and being perhaps disobliged by the Putch^ entered into tjie service of the queen of Sweden. r;>;: ,» '* 22 Histori/ of NeW'Y&rk, u ti In 1640, the English, who had overspread the eastern part of Long Island, advanced to Oysterbay. Kieft broke up their settlement in 1642, and fitted out two filoops to drive the English out of Schuylkill, of which the Marylanders had lately possessed themselves. The instructions, dated May 22, to Jan Jansen Alpendam, who commanded in that enterprise, are upon record, and strongly assert, the right of the Dutch, both to the soil and trade there. The English from the eastward shortly after sent deputies to New- Amsterdam, for the accommodation of their disputes about limits, to whom the Dutch offered the following conditions, entered in their books exactly in these words : " Conditiones a D. Directore Gen. senatuys Novi Belgii, Dominis Weytingh atque Hill, Delegatis a nobili Senatu Hartfordiensi, oblatae : " Pro Agro nostro Hartfordiensi, annuo persolvent Praepotentiss. D. D. Ordinibus Feed. Provinciarum Belgicarum aut eorum Vicariis, decimam Partem ** Reventus Agrorum, turn Aratro, tum Ligone, aliove " Cultorum medio ; Pomanis, Hortisq ; Oleribus di- ** catis, Jugerum Hollandium non exced<».ntibus ex- ceptis ; aut Decimarum Loco, Pretium nobile postea constituendum, tam diu quan diu possessores ejus- dem Agri futuri erunt. Actum in Arce Amsteloda- mensi in novo Belgio, Die Julii 9 Anno Christi 1642.'' We have no account that the English acceded to these proposals, nor is it probable, considering their superior strength, that they ever did : on the contrary, they daily extended their possessions, and in 1643 the colonies of the Massachusetts' Bay, Plymouth, Connect- icut, and New-Haven, entered into a league both against the Dutch and Indians, and grew so powerful (( « '■'- ■T*--" Histdry 6f Nerv^York, 23 B eastern I. Kieft out two of wkich es. The Ipendam, I record, th to the eastward , for the to whom itered in ys Novi )elegatis 'j% as to meet sliortly after, upon a design of extii-pating the former. The Massachusetts' Bay declined this enter- prise, which occasioned a letter to Oliver Cromwell froitt William Hooke, dated at New-Haven, November 3, 1653, in which he complains of the Dutch, for supply- ing the natives with arms and ammunition, begs his assis- tance with tw > or three frigates, and that letters might be sent to the eastern colonies, commanding them to join in an expedition against the Dutch colony. Oliver's af- fairs would not admit of so distant an attempt,* but Richard Cromwell afterwards drew up instructions to his commanders for subduing the Dutch here, and wrote let- ters to the English American governments for their aid ; copies of which are preserved in Thurloe's collection, Tol. 1. p. 721, &c. • Peter Stuy vesant was the last Dutch governour, and * The war between liim and the States, which began in July, 1 652, was concluded by a peace on the fifth of April, 1654. The treaty make$ no particular mention of this countiy. If ?iny part of it can be considered as relating to the American possessions, it is to be found in the two first articles, which are iu tliese words : " Imprimis, It is agreed and concluded, that, from this day forward?, there be a true, firm, and inviolable peace, a sincere, intimate and close friendsliip, affinity, confederacy, and union, betwixt the republick of England and the Slates General of the United Provinces of the Netherlands, and the lands, countries, cities, and towns, under the dominions of each, without distinction of places, together Avith their people and inhabitants of what- soever degree. " » > " II. That hereafter all enmity, hostility, discord, and contention betwixt the said republicks, and their people and subjects, shall cease, and both parties shall hence forwards abstain from the committing all manner of mischief, plunder, and injuries, by land, by sea, and on the fiesh waters, in all their lands, countries, doraiaions, places, and g^f^m* meats whatsoever. 'S- ''■ s • -$■■ I 24 History of New-York. though he had a commission in 1646, he did not hegid his administration till May 27, 1647. The inroads and daims upon his government, kept him constantly em- ployed. New-England on the east, and Maryland on the west, alarmed his fears by their daily increase ; and about the same time captain Forrester, a Scotchman, claimed Long Island for the dowager of Stirling. The Swedestoo were perpetually incroaching upon Delaware. Through the unskilfulness of the mate, One Deswyck, a Swedish captain and supercargo arrived in Raritan riv- er. The ship was seized, and himself made a prisoner at New- Amsterdam. Stuyvesant's reasons were these. In 1651, the Dutch built foil Casimir, now called New- castle?, on Delaware. The Swedes, indeed, claimed the country, and Printz, their governour, formally protested against the works. Hisingh, his successor, under the disguise of friendship, came before the fortress, fired two salutes, and landed thirty men, who were entertain- ed by the commandant as friends ; but he had no sooner discovered the weakness of the ganison, than he made himself master of it, seizing also upon all the ammuni- tion, houses, and other etTects of the West-India com- pany, and compelling several of the people to swear allegiance to Christina, queen of Sweden. The Dutch, in 1655, prepared to retake fort Casimir. Stuyvesant commanded the forces in person, and arrived with them in Delaware the 9th of September. A few days after, he anchored before the garrison, and landed his troops. The fortress was immediately demanded as Dutch pro- perty : Suen Scutz, the commandant, desired leave to consult Risingh, which being refused, he surrendered the 16th of September on articles of capitulation. The whole strength of the place consisted of four cannon^ M '.*■ f HisUyry of NenyYork. ^5 not begifl roads and mtly em- yland od !ase ; and olchman, ig. The )elaware. swyck, a ritan riv- prisoner Te these, ed New- imed the )totested ider the 3SS, fired ntertain- sooner tie made immuni- a com- 3 swear Dutch, yvesant h them ^a after, troops, ch pro- 3ave to* ndered 1 The annon# fourteen pounders, five swivels, and a parcel of small arms, which were all delivered to the conquered. Fort Christina was commanded by Risingh. Stuyvesant came before it, and Risingh surrendered it upon terms the 25th of September. The country being thus sub- dued, the Dutch governour issued a proclamation, in favour of such of the inhabitants, as would submit to the new government* and about thiily Swedes swore, *' Fi- delity and obedience to the States General, the lords di- rectors of the West-India company, their subalterns of the province of New-Netherlands, and the director general then, or thereafter, to be established," Ri- singh and one Elswych, a trader of note, were order- ed to France, or England, and the rest of the Swedish inhabitants to Holland, and from thence to Gottenberg. The Swedes being thus extirpated, the Dutch became possessed of the West side of Delaware bay, now call- ed the three lower counties. Tills country was afterwards under the command of lieutenant-governours, subject to the controul of, and commissioned by, the director general at New- Amster- dam. Johan Paul Jaquet was the fii'st vice-director, or lieutenant-governour, of South River. His successors were Alricks, Hinpjossa and William Beekman. The posterity of the last remains amongst us to this day. These lieutenants had power to grant lands, and their patents make a part of the ancient titles of the present possessors. Alrick's commission, of the 12th of April, Uiij?, shews the extent of the Dutch claim on the west side of Delaware at that time. He was appointed " Di- rector general of tlie colony of the South River of New- Netherlands, and tlie fortress of Casunir, now called Niewer Amat«l, with all the lands depending Uiereom m / I'll! '\\,;M ■* 111! I ,'|: ''I'! ill ii i; " III I ¥ ^ History of Neiv-York^ according to the first purchase and deed of release of the natives, dated July 19, 1651, bes;inning at the west side of the Minquaa, or Christina Kill, in the Indian language named Suspecough, to the mouth of the bay, or river called Bompt-Hook, in the Indian language Cannaresse ; and so far inland a? the bounds^ and limits of the Minquaas land, with all the streams, &c. appur- tenances, and dependencies." Of the country north- ward of the kill, no mention is made. Orders in 1658 were given to William Beekman to purchase Cape Hin- lopen from the natives, and to settle and fortify it, which, for want of goods, was not done till the succeed- ing yearr In the year 1659, fresh troubles arose from the Mary- land claim to the lands on South River ; and in Septem- ber Colonel Nathaniel Uiie, as commissioner from P^en- dal lord Baltimore's governour, arrived at Niewer Am- stel from Maryland. The country was ordered to be evacuated, lord Baltimore claiming all the land, be- tween 38 and 40 degrees of latitude, from sea to sea. Beekman and his council demanded evidence of his lordship's right, and offered to prove the States General's ^rant to the West-India company, their payment to them for the land and possession ; and upon the whole proposed to refer the controversy to the republicks of England and Holland, praying at the same time, three ^eeks to •Vi5 , 1? '4 I ■»» '*'{■ .ftWi', History of New-York, 27 ieth, and Brian Newton, were dispatched from fort Am- sterdam to Virginia, in quality of ambassadors, with full power to open a trade, diid conclude a Jeague, of- fensive and defensive against the barbarians. William Bercklfey, the governour, gave them a kind reception, approved their proposal of peace and commerce, which Sir Henry Moody was sent here to agree upon and per- fect. Four articles, to that purpose, were drawn up, and sent to the governour for confirmation. Stuyve- sant artfully endeavoured, at this treaty, to procure an acknowledgement of the Dutch title to the country, which Berckley as carefully avoided. This was his an- swer i( Sir, « I have received the letter, you were pleased to send me, by Mr. Mills his vessel, and shall be ever ready to comply w ith you, in all acts of neighbourly friendsliip and amity. But truly, sir, you desire me to do that, concerning your titles, and claims to land, in this northern pail of America, which I am in no capa- city to do ; for I am but a servant of the Assembly's : neither do they arrogate any power to themselves, far- ther than the miserable distractions of England force them to. For when God shall be pleased in his mercy, to take away and dissipate tlie unnatuml divisions of their native country, tliey will immediately return to their own professed obedience. Wlial then they should do in matters of contract, donation, or confession of right, would have little strength or signification ; much more presumptive and hnpertinent, would it be in me to do it, without tlieir knowledge or assent. We shaH yery shortly meet again, and then, if to them you signi- >"""i?w- > i iiii I III ^lll ■a;li; *! 'li!! nri liillli: iiii I'll *■ ^ History of NeiV'Yark, fy your desires, I shall labour all I can, to get you a satisfactoij answer. *^I am, sir, ' '^ •' - ?• Your humble servant, "^ i 1 r • ft William Berckley." ^ Virginia, August 20, 1 660.** <*>■'- » v : -. ^.«*f* Governour Stuy vesant was a faithful servant of the "West-rlndia company : this is abundantly proved by Jiis letters to them, exciting theu- care of the colony. In one, dated April 20, 1660, which is very long and pathetick, representing the desperate situation of affairs on both sides of the New-Netherlands, he writes, " Your honours imagine, that the troubles in England will pre- vent any attempt on these parts : alas ! they are ten \o one in number to us, and are able without any assis- tance, to deprive us of the <:ountry when they please.'* On the 25th of June, the same year, he informs them, f^ that the demands, encroachments, and usurpation, of the English, gave the people here gieat concern. Tlie right to both rivers, says he, by purchase and possession Is our own, without dispute. We apprehend, that they, our more powerful neighbours, lay their claims under a royal patent, which we are unable hitherto to do in your name,'*" Colonel Utie being unsuccessful the ^ If we should argue, from this letter, that the West-Iodia company had Qo grants of the Ncw-iNetherlands, from the States General, as lome suppose, ve discredit De Laet's History, dedicated to the States in 1624, as well as all the Dutch writers, and even Stuy vesant himself, who, in his letter to Richard Nicolls, at the surrender, asserts that they had a grant, apd shewed it und^r seal to the English deputies. But the genuine construction of the Dutch govcmour's letter, is this, that in 1660, he had not the patent to the West-India company, to lay hefoTtf the English io America, who disputed the Dutch right to this jcountry. ., r jj^^ *.'l 4 4* .:;'* History of NeW'York, 2.9 [et you a it, JKLEY.'* nt of the roved by 3 colony, long and of affairs 8, " Your will pre- T are ten any assis- ' please.'* ms them, )ation, of rn. The ossession lat they, under a ) do in ssful the company encral, as the States int himself, isserts that deputies, er, is this, ny, to lay bt to ibis J f '# last year, in his embassy for the evacuation of the Dutch possessions on Delaware, Lord Baltimore, in au- tumn, 1660, applied, by captain Neal, his agent, to the West-India company, in Holland, for an order on the inhabitants of South River to submit to his authority, which they absolutely refused, asserting their right to that part of their colony. -^ -> f *-•. ., The English, from New-England, were every day en- croaching upon the Dutch. The following letter, from Stuyvesant to the West-India company, dated July 21, 1661, shews the state of the colony at that time, on both sides. " We have not yet begun the fort on Long Is- land, near Oysterbay, because our neighbours lay the boundaries a mile and an half more westerly, than we do, and the more as your honours, by your advice of December 24, are not inclined to stand by the treaty of Hartford, and propose to sue for redress on Long Island and the Fresh Water River, by means of the States' am- bassador. Lord Sterling is said to solicit a confirma- tion of his right to all Long Island, and importunes the present king, to confirm the grant made by his I'oyal father, which is affirmed to be already obtained. But more probable, and material, is the advice from Mary- land, that Lord Baltimore's patent, which contains the south part of South River, is confirmed by tiie king, and published in print : that Lord Baltimore's natiu*al brother, who is a rigid papist, being made governour there, has received Lord Baltimore's claim, and protest to your honours in council, (wherewith lie seems but lit- tle satisfied) and has now more hopes of success. We have advice from England, that there is an invasion in- tended against these parts, and the country solicited of ^ 0^ "*■ « ^ History of New-York. lli HI I! !'! I m % 'I il': II i II k III Ml .^r. •?»• the king, the duke, and the parliament, is to be annex- (pd to their dominions ; and for that purpose, they desire three or four frigates, persuading the king, that the company possessed and held this country under an un- lawful title, having only obtained of king James leave for a watering place on Staten Island, in 1623." In August 1663, a ship arrived from Holland at South River, with new planters, ammunition, and im- plements of Imsbandry. Lord Baltimore's son landed a little after, and was entertained byBeekman at Niewer AmsteL Tliis was Charles, the son of Cecilius, who in 1661, had procured a grant and confirmation of the pa- tent, passed in favour of his father in 1632. The pa- pistical principles of the Balliiuore family, the charge of colonizing, the parliamentary war with Charles I. and Oliver's usurpation, all conspired to impede the settle- ment of Maryland, till tlie year 1661. And these con- siderations account for the extension of the Dutch li- mits, on the west side of Delaware bay. While the Dutch were contending with their Euro- pean neighbours, they had the art always to maintain a friendship with tlie natives, until the war whicli broke out this year with the Indians at Esopus, now Ulster county. It continued, however, but a short season. The Five Nations never gave them any disturbance, which was owing to their continual wars with the French ^vho settled at Canada in 1603. I have before observ- ed, that Oliver Cromwell was applied to, for his aid in the reduction of tills country, and that his son Richard took some stops towards accomplishing the scheme ; tlie work \>'as liowever reserved for the reig^n of Charles II. an indolent prince, and entirely given up to pleasure, T. ho was driven toil, more perhaps, by the dillerences 17" .- '^' History of New-Yorh ^■, n then subsisting between England and Holland, than by any motive that might reflect honour upon his prudence, activity, and publick spirit. Before this expedition, the king granted a patent on the 12th of March, 1664, to hh brother, the duke of York and Albany, for sundry tracts of land in America, the boundaries of which, be- cause they have gr\^en rise to important and ammated tie bates, it may not be improper to transcribe. " All that part of the main land of New-England, be- ginning at a certain place, called or known by the name of St. Croix, next adjoining to New-Scotland in Ameri-* ca, and from thence extending along the sea coast, unto a certain place called Pemaquie, or Pemequid, and go up the river thereof, to the furthest head of the same, as it tendeth northward ; and extending from thence, to the river of Kimbequin, and so upwards, by the shortest course, to the river Canada northward : and also all that island, or islands, commonly called by the several name or names of Meitowacks, or Long Island,, situate and being towards the west of Cape Cod, and tlie narrow Higansetts, abutting upon tiie main land, between the two rivers, there called or known by the several names of Connecticut and Hudson's river, to- gether also with the said river, called Hudson's river^ and all the land from the West side of Connecticut river, to the east side of Delaware bay, and also, all those several islands, called or known by the names of 3lartin'b Vineyard, or Nantuck's, otherwise Nantucket : together, &c. " Part of this tract was conveyed by the duke, to John lord Berkley, baron of Stratton, and sir George Car- teret of Saltrum in Devon, who were then members of ♦he king's coimciL The lease was for the consi(iera- JU «ll; I'll ! ' !! Ii ^ History of New-York^ tiott of ten shillings, and dated the 23d of June, l664. The release, dated the next day, mentions no particu- lar sum of money, as a consideration for the grant of the lands, which have the following description : " All that tract of land, adjacent to New-England, and lying and being to the westward of Long Island, and bounded on the east part by the main sea, and partly by Hudson's river; and hath upon the west, Delaware bay, or river, and extendeth southward, to the main ocean as far as Cape May, at the mouth of Delaware bay : and to the northward, as far as the northermost branch of the said bay or river of Delaware, which is forty one degrees and forty minute of lati- tude : which said tract of land is hereafter to be called by the name, or names of jVova Caesarea, or New- Jersey." Thus the New-Netherlands became divided into New- Jersey, so called after the isle of Jersey, in compli- ment to sir George Carteret, whose family came from thence ; and New- York, which took its name in hon- our of the duke of York. ; -' The Dutch inhabitants, by the vigilance of their gov- ernour, were not unapprised of the designs of the English court against them, for their records testify, that on the 8th of July, " The general received intel- ligence, from one Thomas Willet, an Englishman, that an expedition was preparing in England, against this place, consisting of two frigates of 40 and 50 guns, and a fly boat of 40 guns, having on board three hundred soldiers, and each frigate one hundred and fifty men, and that they lay at Portsmouth, waiting for a wind.'* News amvcfl also from Boston, that they had already set sail The !)urgomasters were thereupon called into ne, 1664. particu- grant of n: England, ig Island, sea, etnd the west, iward, to nouth of IT as the )elaware, of lati- be called or New- nto New- compli- ime from ; in hon- l4 ■:'f History of New-York, 33 council. The fortress was ordered to be put into a postures of defence, and spies sent to Milford and Westchester for intelligence. Boston was in the secret of the ex* pedition, for the geieral court had in May preceding, passed a vote for a supply of provisio..^, towards re^ freshing the shi: j on their arrival. They were four in number, and resolved to rendezvous at Gardener's Island in the Sound, but parted in a fog about the 20th of July. Richard Nicolls and Sir George Carteret, two of the commissioners, were on board the Guyny, and fell in first with Cape Cod. The winds having blown from the southwest, the other ships, with Sir Robert Carr, and Mr. Mavenick, the remaining commissioners, were rightly concluded, to be driven to the eastward; After dispatching a letter to Mr; Winthrop, the go-' vernour of Connecticut, requesting his assistance, Colo^ nel Nicolls, proceeded to Nantasket, and thence to Boston. The other ships got* into Piscataway; John Endicot, a very old man, was then go vernour of Boston^ and incapable of business. The commissioners, thertfore, had a conference with the council, and earnestly im- plored the assistance of that colony. Colonel Nicolls and Sir George Cirteret, in their letter from Boston, to Sir H. Bennet, secretary of state, complain much of the backwardness of that province. The reasons urg- led in their excuse* were poverty and the season, it be- ing the time of harvest ; but perhaps disaffection to the Stewart family, whose persecuting fury had driven theni from their native country, was the triie spring of their conduct. The king's success in the reduction of the t)utch, evidently opened him a door to coiiie at his enemtes in New-England, who were far from bein^ % v1 >,*■»? ' 'ill's i'l'l ii'ii 34 1 'iii i' 1! im\ m in > ill |iji vim 1%;; History of New- York, .*- few* ; and whether this consideration might not have given rise to the project itself, I leave to the conjectures of others. On the 27th of July, NicoUs and Carteret made a formal request in writing, " That the government of Boston would pass an act to furnish them with armed men, who should begin their march to the Manhattans, on the 201h of August ensuing, and promised, that if they could get other assistance, they would give them an account of it*" The governour and council answer- ed, that they would assemble the general court, and conmiunicate the proposal to them. .4 > . h m.i^ ? v , From Boston, a second letter was written to gover- nour Winthrop, in Connecticut, dated the 29th of July, in which he was informed that the other ships were then arrived, and would sail with the first fair wind, and he was desired to meet them at the west end of Long Island. One of the sh%9 entered the bay of the North River, several days before the rest ; and as soon as they were all come up, Stuyvesant sent a letter dated ^ of Au- gust, at Fort Anil, directed to the commanders of the English frigates, by John Declyer, one of the chief council^ the Rev. John Megapolensis, minister, Paul i-i'i'-f * T. Dixwel, Esq. one of Charles' I. judges, and excepted oat of Ihe general pardon, lived many years at New-Haven, incog, in quality of a country merchant : Sir Edmojid Audross, in one of his toure through the colony of Connecticut, saw him there at church, aad •trongly suspected him to be one of the regicides. In his last illness, fte revealed himself to the minister of the town, and ordered a small •tone to be set at the bead of his grave, which I have often seen there, Inscribed T. B. £sq. While at Kew-Haveu, he weot under the name of John Davis* i *,1 II ! History of Neny '*^. 35 it not have onjectiirea t made a rnment of ith armed [anhattansy 3d, that if give them nl answer- :ourt, and • ' ■ >■ to gover- h of July, were then d, and he png Island, rth River, hey were U of fil- lers of the the chief iter, Paul jepted oat of f. ID quality of his toure ;hurch, aad last illness, red a small seen there, ir the name Lunder Vander Grilft, major, and Mr. Sam ^l Mega* polensis, doctor in physic, with the itmost « vility « desire the reason of their approach, and continuing n (he harbour of Naijarlij, without giving notice to le Dutch, which (he writes) they ought to have done. Colonel Nicolls answered the next day with a sum^ mons. ** To the honourable the governour, and chief council at the Manhattans. " Right worthy sirs, '^ '^ '^ I received a letter by some worthy persons intnist- ed by you, bearing date the ^ of August, desiring to know the intent of the approach of the English frigates ; in return of which, I think it fit to let you know, that his majesty of Great Britain, whose right and title to these parts of America is unquestionable, well knowing how much it derogates from his crown and dignity, to suffer any foreigners, how near soever they be allied, to usurp a dominion, and without his majesty's royal consent, to inherit in these, or any other of his majesty's territories, hath commanded me, in his name, to require a surrender of all such forts, towns, or places of strength, which are now possessed by the Dutch, un- der your commands ; and in his majesty's name, I do demand the town, situate on the island, commonly known by 4he name of Manhattoes, with all the forts thereunto belonging, to be rendeied unto his majesty's obedience and protection, into my hands. I am further commanded to assure you, and every respective inha* bitant of the Dutch nation, that his majesty beiqg ten* der of the effusion of Christian blood, doth by these presents, confirm and secure to every man his estate^ life, and liberty, who shall readily submit to his govern-* T iiii i I liliill ifiliil ■III -III W m I'' iHilii 36 History of New-rYork, ment. And all those who shall oppose his majesty's gracious intention, must expect all the miseries of a war, which they bring upon themselves. I shall ex- pect your answer by these gentlemen, Colonel George Ca: teret, one of his majesty's commissioners in Ameri- ca ; Captain Robert Needham, Captain Edward Groves, and Mr. Thomas Delavall, whom you will entertain with ?uch civility as is due to them, and yourselves, and yours sliall receive the same, from ' f - ^ V Dated on board bi^ Worthy sirs, -..' ' *''^^"* infljesty*8 ship, the .-*">. Guyny, riding be- ' ^ Your very humble Servant, fore Naych, *he|f * r • of Aug. 1664. Richard Nicolls,^ ]y[n Stjuy vesant promised an answer to the summons the next morning, and in the mean time convened the council and burgomasters. The Dutch govemour was a good soldier, and had lost a leg in the service of the States. He ^ould willingly have made a defence ; and refused a sight of the sununons, both to the inhabitants and burgomasters, lest the easy terms offered, might induce them to capitulate. The latter, however, insist- ed upon a copy, that they might communicate it to the Jate magistrates and principal burghers. They called |;ogether the inhabitants at the stadt house, and acquaint- ed them >vith the govemour's refusal. Governour Win- Ihrop, at the same time, wrote to the director and his council, strongly recommending a surrender. On the 22d of August, the burgomasters came again into council, and desired to kpo>y the contents of the Eng- lish message from Qpvernour Winthrop, which Stuyve^ sant still refused. They continued jtheu- importunity \ and he, in a fit of enger, tore it to pieces : upon which, piey protested against the act and all its consequenc;^?^ •ife. History of New-York, 3T 3 m?yesty's aeries of a I shall ex- nel George ; in Ameri- ird Groves, II entertain j^ourselvea. .■n e servant, d NicollsJ'^ ) summons nvened the 3mour was vice of the fence ; and nhabitants ed, might ver, insist- e it to the ey called acquaint- our Win- Dr and his On the ;ain into the Eng- Stuyve^ )rtunity j )n which, quenqg^j Determined upon a defence of the country, Stuyvesant wrote a letter in answer to the summons, which, as it is historical of the Dutch claim, will doubtless be accept- able to the reader. The following is an exact trans- cript of the record. « My Lords, " Your first letter, unsigned, of the |^ August, to- gether with that of this day, signed according to form, being the first of September, have been safely delivered into our hands by your deputies, unto which we shall say. That the rights of his majesty of England, unto any part of America hereabout, amongst the rest, unto the colonies of Virginia, Maryland, or others in New- England, whether disputable or not, is that which for the present, we have no design to debate upon. But that his majesty hath an indisputable right, to all the lands in the north parts of America, is that, which the kings of France and Spain will disallow, as we abso- lutely do, by virtue of a commission given to me, by my lords, the high and mighty States General, to be gover- nour general over New-Holland, the Isles of Curacoa, Bonaire, Aruba, with their appurtenances and depen- dencies, bearing date the 26th July, 1646. As also by virtue of a grant and commission, given by my said lords, the high and mighty States General, to the West* India company, in the year 1621, with as much power and as authentick, as his said majesty of England hath givefi, or can give, to any colony in America, as more fully appears by the patent and commission of the sail! lords, the States General, by them signed, registered, and sealed with their great seal, which were shewed to your deputies. Colonel George Carteret, Captain Ro- J^ert Needham, Captain Edward Groves, and Mr. The- Ilill i<f Ainer- More- l by the the corn- General, rary ne- Orange, n or 42 1 Water subject led me, forts, ssessed nswer. 'if: -:# invasions and massacres, commonly committed by the savages, they bnilt a little fort, and after, in the year 1622, and even to this present time, by virtue of com- mission and grant, to the governours of the West-India company ; and moreover, in the year 1656, a grant to the honourable the burgomasters of Amsterdam, of the South River ; insomuch, that by virtue of the above - said commissions from the high and mighty States Gene- ral, given to the persons interested as aforesaid, and others, these provinces have been governed, and con- sequently enjoyed, as also in regard of their first dis- covery, uninterrupted possessions, and purchase of the lands of the princes, natives of the country, and other private persons (though gentiles) we make no doubt, that if his said majesty of Great Britain, were well in- formed of these passages, he would be too judicious to grant such an order, principally in a time when there is so straight a friendship, and confederacy, between our said lords and superiors, to trouble us in the demanding and summons of the places and fortresses, which were put into our hands, with order to maintain them, in the name of the said lords, the States General, as was made appear to your deputies, under the names and seal of the said high and mighty States General, dated the 28th of July, 1646, Besides what had been mentioned, there is little probability, that his said majesty of England (in regard to the articles of peace are printed, and wero recommended to us to observe seriously and exactly, by a letter written to us by our said lords, the States General, and to cause them to be observed religiously in this country) would give order touching so danger- ous a design, being also so apparent, that none other tlian my said lords, the States General, have any right l-^!!!; eing on on, they it of our liver of belong- leneral, appear receiv- nng all •;| Icssarv, *hat a more express ordef should appeslr unto us, as a lufficient warrant for us, towards my lords, the high and mighty State j General, since by virtue of our said com- mission, we do in these provinces, represent them, as belonging to them, and not to the king of Great Britain, except his said majesty^ upon better grounds, makes it appear to our said lords, the States General, against which they may defend themselves^ as they shall think fit. To conclude : We cannot but declare unto you, though the govemours and commissioners of his majes- ty have divers times quarrelled with us, about thci bounds of the jurisdiction, of the high and mighty the States General, in these parts, yet they never question- ed their jurisdiction itself; on the contrary, in the year 1650, at Hartford, and the last year at Boston, they treated with us upon this subject, which is a sufficient proof, that his majesty hath never been w^ell informed of the equity of our cause, insomuch as we cannot ima- gine, in regard of the articles of peace, between tlie crown of England and the States General, (under whom there are so many subjects in America, as well as Eu- rope) that his said majesty of Great Britain would give a commission to molest and endamage the subjects of my said lords, the States General, especially such, as ever since fifty, forty, and the latest thirty-six years, have quietly enjoyed their lands, countries, forts, and inheritances ; and less, that his subjects would attempt any acts of hostility, or violence against them : and in case that you will act by force of arms, we protest and declare, in the name of our said lords, the States Gen- eral, before GOD and men, that you will act an unjust violence, and a breach of the articles of peace, so solenuily cworn, agr««d upon, and ralUied by im maj««'. ■ » Historif of New- York, I W.M Mm ty of England, and my lords, the States General, and the rather, for that to prevent the shedding of blood, in the month of February last, we treated with Captain John Scott, (who reported he had a commission from his said majesty) touching the limits of Long Island, and concluded for the space of a year ; that in the mean time, the business might be treated on between the king of Great Britain, and my lords, the high and mighty States General : and again, at present, for the hindrance and prevention of all differences, and the spilling of innocent blood, not only in these pails, but also in Europe, we offer unto you, a trealy by our deputies, Mr. Cornelius Van Ruyven, secretary, and receiver of New-Holland j Cornelius Steenwyck, burgomaster, Mr. Samuel Megapolensis, doctor of physic, and 3Ir. James Cousseau, heretofore sheriff. As toucliing the threat* in your conclusion we have nothing to answer, only that w^e fear nothing, but what God (who is as just as merciful) shall lay upon us ; all things being in his gracious disposal, and we may as well be preserved by him, with small forces, as by a great army, which makes us to wish you all happiness and prosperity, and re- commend you to his protection. My lords, your thrice humble, and affectionate servant and friend, signed, P. Stuyvesant. — ^At the fort at Amsterdam, the second of September, new style, 1664." • While the Dutch governour and council were contend- ing with the burgomasters and people in the city, the English coimnissioners published a proclamation* in • It was in these words : « Forasmuch w Iiis majcsly hath sent u§ hf coinmisaion unde- the great seal of Enqjmid, amongst other tilings, to ezpd, or to reduci to his majesty's obedience, all sncii foreigners. neral, and of blood, Lh Captain ision from ng Island, I the mean n the king id mighty hindrance spilling of it also in deputies, eceiver of aster, Mr. I'lr. JamcK le threat* ver, only is as just ing in his erved by ch makes and re- ur thrice gned, P. second contend- city, the lion* m h sent U9 icr thingt, oreigners, History of New-York. 43 the country, encouraging the inhabitants to submit, and promising them the king's protection and all the privi- leges of subjects ; and as soon as they discovered by Stuy vesant's letter, that he was averse to the surrender, officers were sent to beat up for volunteers in Middle- borough, Ulissen, Jamaica, and Hempsted. A warrant was also issued to Hugh Hide, who commanded the Bquadron, to prosecute the reduction of the fort ; and an English ship then trading here, was pressed into the service. These preparations induced Stuyvesant to write another letter, on the 25th of August, old style, wherein, though he declares that he would stand the storm, yet to prevent the spilling of blood, he had sent John De Decker, counsellor of state, Corneliu3 Van Ruyven, secix3taiy and receiver, Cornelius Steenwyck, major, and .Tames Cousseau, sheriff, to consult, if possi- ble, an accommodation. Nicolls, who knew the dispo- sition of tlie people, answered immediately from Graves^ end, that he would treat about, nothing but a suri-ender. The Dutch governour, the next day, agreed to a treaty as without his majesty's leave and consent, have leated themselves amongst any of his dominions in America, to the prejudice of his ma- jcsty's subji'cts, and diminution of his royal dignity ; we hh said vn^r jesty's commissioners, do declare and promise, that whopoever, of what nation soever, will, upou knowledge of this proclamation, acknow» ledge and testify themselves, to submit to this his majesty's government, as his good subjects, shall be protected in his majesty's laws aod jus- tice, and peaceably enjoy whatsoever God's blessing, and their owi lionest industry, have furnished them wi(h : and all other priyilegefl, with his majesty's English subjects. We have caused this to be pub- lished, that we might prevent all inconveniencies to others, if it were possible ; however, to clear ourselves from the charge of all those mise- ries, that may any way befall such as live here, and will [uotj ackaow- Ifdje his majesty for their sovereign, whom God preserve," IllPii m m ! Ill 1:1 :i'i ir'iji!;:'!/ I!' Ii« ill ':l d4 History of Jf^ew-York, and surrender, on condition the English and Dutch lim- its in America, were settled by the crown and the States General. The English deputies were Sir Robert Carr, George Carteret, John Winthrop, governour. of Connecticut, Samuel Wyllys, one of the assistants or council of tliat colony, and Thomas Clarke, and John Pynchon, commissioners from the general court of the Massachusetts' bay, who, but a little before, brought an aid from that province. What these persons agreed upon, Nicolls promised to ratify. At eight o'clock in the morning, of the 27th of August, 1664, the commits sioners, on both sides, met at the governour's farm, and there signed the following articles of capitulation. These articles following were consented to by the persons here under subscribed, at the governoui's bow- ery, August the 27th, old style, 1664. I. ^* We consent, that the States General, or the West-India company, shall freely enjoy all farms and houses (except such as a$e in the forts) and that within fix months, they shall have free liberty to transport all such arms and ammunition, as now does belong to them, or e|se they shall be paid for them. II. " All publick houses shall continue for the uses which they are for. III. " All people shall still continue free denizens, and shsill enjoy their lands, houses, goods, wheresoever they are within this country, and dispose of them aa they please. IV. " If any inhabitant have a mind to remove him- self, he shall have a year and six weeks from this day, to remove himself, wife, children, servants, goods, and to dispose of his lands here. ' ,, t* History qf New- York, 45 3utch lira- 1 and the >ir Robert ernour. of sistants or and John irt of the Tought an ns agreed )'clock in 3 commitr farm, attd ition. to by the mi'*s bpw^ I, or the 'arms and at within isport all elong to the uses enlzens, resoever them aa >ve hlm- his day, yds, and V. " If any officer of state, or publick minister of state, have a mind to go for England, they shall be transported fraught free, in his majesty's frigates, when these frigates shall return thither. VI. " It is consented to, that any people may freely Gome from the Netherlands, and plant in this colony, and that Dutch vessels may freely come hither, and any of the Dutch may freely return home, or send any sort •f merchandize home, in vessels of their own country. yil. " All sliips from the Netherlands, or any other place, and goods therein, shall be received here, and sent hence, after the manner which formerly they were before our coming hither, for six months next ensuing, VIII. " The Dutch here shall enjoy the liberty of their consciences in divine wordiip and church disci- pline, IX. " No Dutchman here, or Dutch ship here, shall upon any occasion, be pressed to serve in war against any nation whatsoever. X. " That the townsmen of the IVIanhattans, shall not have any soldiers quartered upon them, without be- ing satisfied and paid for them by their officers, and that at this present, if the fort be not capable of lodg- ing all the soldiers, then the burgomasters, by their offi- cers, shall appoint some houses capable to receive them. XI. " The Dutch here shall enjoy theu* own customs concerning their inheritances. ,, XII. " All publick writings and records, which con- cern the inheiitances of any people, or the reglement of the church or poor, or orphans, shall be carefully kept by those in whose hands now they are, and such writ- ings as particularly concern tlie States General, may at ftny time be sent to them. History of New-York, .xm'y , 'm * III i!i I ', XIII. " No judgment that has passed any judicature here, shall be called in question, but if any conceive that he hath not had justice done him, if he apply hun- self tothe States General, the other party shall be bound to answer for the supposed injury. - XIV. " If any Dutch, living here, shall at any time desire to travel or traffick into England, or any place, ©r plantation, i.i obedience to his majesty of England, or with the Indians, he shall have (upon his request to the governour) a certificate that he is a free denizen of this place, and liberty to do so. XV. " If it do appear, that there is a publick en- gagement of debt, by the town of Manhattoes, and a way agreed upon for the satisfying that engagement, it is agreed, that the same way proposed shall go on, and that the engagement shall be satisfied. XVI. " All inferior civil oflScers and magistrates, fhall continue as now they are, (if they please) till the customary time of new elections, and then new ones to be chosen by themselves, provided that such new cho- sen magistrates shall take the oath of allegiance to his majesty of England, before they enter upon their oflftce. XVII. " All differences of contracts and bargains made before this day, by any in this country, shall be determined, according to the manner of the Dutch. XVIII. " If it do appear, that the West-India com- pany of Amsterdam, do really owe any ^ums of money to any persons here, it is agreed that recognition, and other duties payable by ships going for the Netherlands, be continued for six months longer. \.' A* History of New-Yorlr.. M judicature conceive pply hiin- be bound any time iny place, England, -equest to lenizen of iblick en- >es, and a ^ement, it o on, and gistrates, 3) till the V ones to lew cho- iance to ion their bargains shall be tch. lia corn- money n, and erlands. XIX. " The officers military, and soldiers, shall march out with their arms, drums beating, and colours flying, and lighted matches ; and if any of them will plant, they shall have fifty acres of land set out for tliem ; if any of them will serve as servants, they shall contintfe with all safety, and become free denizen* afterwards. XX. " If at any time hereafter, the king of Great Britain, and the States of the Netherlands do agree that this place and country be redelivered into the hands of the said States, whensoever his majesty will send his commands to redeliver it, it shall immediately be done. XXI. " That the town of Manhattans shall choo^ deputies, and those deputies shall have free voices in all publick affairs, as much as any other deputies. XXII. " Those who have any property in any houses in the fort of Aurania, shall (if they please) slight the fortifications there, and then enjoy all their houses, as all people do where there is no fort. a, .. XXIII. " If tliere be any soldiers that will go into Holland, and if the company of West-India in Amster- dam, or any private persons here, will transport them into Holland, tlien they shall have a safe passport from Colonel Richard ISicolls, deputy governour under his royal highness, and the other comniissluners, to defend the ships that shall transport such soldiers, and all the goods in tliem, from any surprizal or acts of hostility, to be done by any of his majesty's ships or subjectf?* That the copies of the king's grant to his royal high- ness, and the copy of his royal highness' commission to Colonel Richard Nicolls, testified by two commi*^ sionei-s more, and Mr. Winthrop, to be true copies, shall be delivered to the honourable Mr. Stuyvesant, the 4d History of JStciv-York. m present governour, on Monday next by eight of the 010011 in the morning, at the Old Miln, and these articles con- sented to, and signed by Colonel Richard Nicolls, de- puty governour to his royal highness, and that within two hours after the fort and town called New-Amsterdam, upon the isle of Manhattoes, shall be delivered f tlie clock rticles con- Nicolls, de- t within two Amsterdam, red the inha- the Dutch them, till iiissioners. on Delaware, and Carteret was commissioned to sub- due the Dutch at Fort Orange* The garrison capitu- lated on the 24th of Septemberj and he called it Alba- ny, in honour of the duke. While Carteret was here, he had an interview with the Indians of the Five Na- tions, and entered into a league of friendship with them, w^hich remarkably continues to this day.* Sir Robert Carr was equally successful on South River, for he compelled both the Dutcli and Swedes to capi* tulate and deliver up their garrisons the first of Octo- ber, 1664 ; and that >vas the day in which the whole New-Netherlands became subject to the English crown. Very few of the inhabitants thought proper to re- move out of the country. Governour Stuyvesant himself, held his estate, and died here* His remains w^ere interred in a chapel, which he had erected on his own farm, at a small distance from the city, now possessed by his grandson, Gerardus Stuyvesant, a man of probity, who has been elected into the ma- gistracy, above thirty years successively. Justice obliges me to declare, that for loyalty to the pre- sent reigning family, and a pure attachment to the protestant religion, the descendants of the Dutch planters are perhaps exceeded by none of his ma-* jesty's subjects. * The Datch were sensible of the importance of preserViDj^ an Unffc temipted amity with those Indians, for they were both very numerous and warlike. The French pursued quite different measures, and the irruptions of those tribes, according to their own authors, have often reduced Canada to the brink of ruin. .. K'' ^M. ^^ * , ^ r ■.I-..H a > ' ' > ■ *. ma >-R. ■■1 - *. r ■ .f ;? . .t»' •) ■ , ' :'(^- :* .'■• '.i ■. '■■■■> - i . ) J>, M 1,*^' «*'-.^''^f h. •1 ' s .i''» •V '■?'■'. i * ' HISTORY OF NEW-YOHK. ) PART 11. From the Surrender in 1664, to the Settlement at this,. Revolution, a-. Richard NICOLLS being now possessed of the country, took the government upon hiin, under thd style of " deputy governour under his royal highness the duke of York, of all his territories in America." During his short continuance here, he passed a vast nuinber of grants and confirmations of the ancient Dutch patents, the profits of which must have been ve- ry considerable. Among these, no one has occasioned more animated contention, than that called the Eliza-* bethtown grant, in New-Jersey ; which, as it relates to another colony, I should not have mentioned, but for the opportunity to caution the reader against a repre- sentation of that controversy contained in Douglass' summary. I have sufficient reasons to justify my charg- ing that account with partiality and mistakes ; and for proofs, refer to the printed answer in chancery, publish- ed in the year 1751. '^ Besides the chief command of this province, Nicolls had a joint power * w\ih Sir Robert Carr, Carteret, an^ * Th«j commission from king Charles II. was dated the 26th of April, 1664. After a recital of disputes conccrniog limits io X^'ev^ iMtin J^ History of New-York. ;i '■■■'i I ill Maverick, to settle the contested boundaries of certain great patents. Hence we find, that three of them had a conference with several gentlemen from Connecticut, respecting the limits of this and that colony. The re- sult was an adjudication, in these words : ** By virtue of his rnajesty's commission, we have heard the difference, about the bounds of the patents granted to his royal highness the duke of York, and his majesty's colony of Connecticut, and having deliberate- ly considered all the reasons alledged by Mr. Allen, sen. Mr. Gold, Mr. Richards, and Captain Winthrop, ap- pointed by the assembly held at Hartford, the thirteenth of October, 1664, to accompany John Winthrop, Esq ; the governour of his majesty's colony of Connecticut to New- York, and to agree upon the bounds of the said colony, why the said Long Island should be under the government of Connecticut, which are too long here to be recited, we do declare and order, that the southern bounds of his majesty's colony of Connecticut, is the sea*, and that Long Island is to be under the govern- ment of his royal highness the duke of York, as is ex- pressed by plain words, in the said patents, respectively, and also by virtue of his majesty's commission, and the consent of botli the governours and tlie gentlemen above- named. We also order and declare, that the creek, or river called Mamaroneck, which is reputed to be about thirteen miles to the east of Westcliester, and a line ■ 'i England, and that addressee had been sent home from the India,n na- tives, complaining of abuses received from the English subjects ; the commissioners, or any three or two of them, of which Nicolls was to be one, were authorised to visit the New-England colonies, and deter* mine all complaiuts military, civil and criminal, according to their (U9* DretiQO, and such ioftructioos as they might receive from the crown. :'& -*; Mstory of Nerv-York. 53^ of certain hem had a mnecticut, The re- , we have le patents 'k, and his leliberate- Ir. Allen, ithrop, ap- thuieenth op, Esq ; :ecticnt to f the said under the ig here to southern lit, is the govern^ as is ex- ectively, and the n above- :reek, or )€ about d a line drawn from the east point or side, where the fresh wa- ter falls into the salt, at high water mark, north north- west to the line of the Massachusetts, be the western bounds of the said colony of Connecticut, and all plan- tations lying westward of that creek and line so drawn, to be under his royal highness' government ; and all plantations lying eastward of that creek and line, to be under the government of Connecticut. Given under our hands, at .Tames' foil in New- York, on the island of Manhattan, this first day of December, 1664. - ■ Richard Nicolls, - r George Carteret, "■' ^ s. Maverick." " We the ffovernour and commissioners of the gen- eral assembly of Connecticut, do give our consent to the limits and bounds abovementioned, as witness our hands, ' «••#•••••• VJI only ' . '" -^ John Winthrop, jun. John Winthrop, sen. . " ^ > ' Allen, sen. ;* * / > . . ■ . '.■ Richards." ■'■ * At the time of this determination, about two third* of Long Island were possessed by people from New- England, who had gradually encroached upon the Dutch. As to the settlement between New- York and Connecticut, on the main, it has always been considered by the former, as founded upon ignorance and fraud.* The station at Mamaroneck was about thirty miles from New-York, from Albany one hundred and fifty. • The town of Rye was settled under Connecticut, and the grant from that colony is bounded by this line of division. 5A History of New- York, ;|i, ; !;.■:■ ''1,1 'iiii'nii*"':' 1 1 ' ■' w The general course of the river is about north 12 or 15* east : and hence it is evident, that a north north-west line will soon intersect the river, and consequently leave the Dutch country, but a little before surrender- ed to Colonel Carteret, out of the province of New- York. It has been generally esteemed that the Con- necticut commissioners in this affau', took advantage of the duke's agents, who were ignorant of the geography of the country. * About the close of the year, the estate of the AVest- India company was seized and confiscated, hostilities being actually commenced in Europe as well as Ame- rica, though no declarations of war had yet been pub- lished by either of the contending parties. A great dispute between the inhabitants of Jamaica on Long Island, which was adjusted by Colonel Nicolls, on the second of January, 1665, gave rise to a salutary insti- tution, which has in part obtained ever since. The controversy respected Indian deeds, and thenceforth it was ordained, that no purchase from the Indians, witli- out the governour*s licence, executed in his presence, should be valid. The strength and number of the na- tives rendered it necessary to purchase their rights ; and to prevent their frequent selling the same tract, it was expedient that the bargain should be attended with some considerable solemnity. ^ ^ Another instance of Colonel Nicolls' prudence, was his gradual introduction of the English methods of go- vernment. It was not till the 12th of June, this year, tliat he incorporated the inhabitants of New- York, un- der the care of a mayor, hve aldermen, and a sheriff'. Till this time, the city was ruled by a scout, burgo- masters, and schepeng. ^, I I Histori/ qf NerV'Tork* 65 rthl2orl5* north-west >nsequently I surrender- ee of New- at the Con- dvantage of geography f the AVest- , hostilities !ll as Arne- . been pub- A great a on Long dIIs, on the utary insti- ice. The nceforth it ians, witli- presence, of tlie na- ir rights ; le tract, it nded with ■V. ence, was )ds of go- this year, iTork, un- a sheriff*. , bur^o- In March preceding, there was a great convention, before the governour at Hempsted, of two deputies from every town on Long Island, empowered to bind their constituents. The design of tlieir meeting was to adjust the limits of theii" townships for the preservation of the publick peace. The war being proclaimed at London, on the fourth of this month, Nicolls received the account of it in June, with a letter from the lord chancellor, informing him, that De Ruyter, the Dutch admiral, had orders to visit New- York. His lordship was misinformed, or the admiral was diverted from the enterprize, for the Eng- lish peaceably held the possession of the country dur- ing the whole war, which was concluded on the 21st of . July, 1667, by the treaty of Breda. Some are of opin- ion, that the exchange made with the Dutch for Surri- nam, which they had taken from us, was advantageous - to the nation ; but these judges do not consider that it 1^ t^'ould have been impossible for the Dutch to have pre- served this colony against the increasing strength of the people in New-England, Maryland, and Virginia. After an administration of three years, Nicolls re- turned to England. Tho time during his short resi- dence here, was almost wholly taken up in confirming the ancient Dutch grants. He erected no courts of justice, but took upon himself the sole decision of all controversies whatsoever. Complaints came before him by petition ; upon which he gave a day to the parties, and after a summary hearing, pronounced judginent His determinations were called edicts, and executed by the shc^ritfs he had appointed. It is much to his honour, that notwithstanding all this plenitude of power, he gov- rnied tlie province with integrity and moderation. A '56 His fori/ of NeiV' York. ii,li ; l: I ♦ representation from the inhabitants of Long Island, to the general court of Connecticut, made about the tune of tlie revolution, commends him as a man of an easy and benevolent disposition ; and this testimonial is the more to be relied upon, because the design of the wri- ters, was by a detail of their grieviinces, to induce the colony of Connecticut to take them under its immedi- ate protection. . Francis Lovelace, a colonel, was appointed by tlie duke, to succeed Nicollsin tlic government of the pro- vince, which he began to exercise in May, 1667. As hC' was a man of great moderation, tlie people lived very paceably under him, till the re-surrender of the colony, which put an end to his power, and is the only event, that signalized his administration. The ambitious designs of Louis XIV. against the Dutch, gave rise to our war with the States General in 1672. Charles IL a prince sunk in pleasures, profligate, and poor, was easily detached from his alliance with the Dutch, by the intrigues and pecuniary promises of the French king. Tlie following passage from a fine wri- ter*, shews that his pretences for entering into the war, were perfectly groundless and trifling. " The king of England, on his side, reproached them with disrespect, in not directing their fleet to lower the flag before an English ship ; and they were also accu- sed in regard to a certain picture, wherein Cornelius De Witt, brother to the pensionary, was painted with the attributes of a conqueror. Ships were represented in the back ground of the piece, either taken or burnt. Cornelius De Witt, who' had really had a great shai© ir ^ * Voltaire's age of Lewis XIT. - Jf;' % ■#T I Islancly to lit tlie time of an easy 3nial is tlie of the wri- induce tlie ts irnimedi- ted by the 3f the pro- 67. As he' lived very he colony, •nly event. Lgainst the * jeneral in profligate, e with the ses of the fine wri- ► the war, hed thera ower the so accu- jelius De with the ented in )r burnt, shaie in History of New-York, 57 the maritime exploits against England, had permitted this trifling memorial of his glory: but the picture, which was in a manner unknown, was deposited in a chamber wherein scarce any body ever entered. The English ministers, who presented the complaints of their king against Holland, in writing, therein mentioned cer- tain abusive pictures. The states, who always translat- ed the memorials of ambassadours into French, having tendered abusive, by the words fautifs trompeurs, they replied, that they did not know whs^t these roguish pic- tures, (ces tableaux tronipeurs) were. In reality, it never in the least entered into their thoughts, that it concerned this portrait of one of their citizens, nor did they ever conceive this could be a pretence for declar- ing war. »» A few Dutch ships arrived the year after on the 3(Hh of July, under Staten Island, at the distance of a few miles from the city of New- York. John Manning, a captain of an independent company, had at that tune the command of the fort, and by a messenger sent down to the squadron, treacherously made his peace with the enemy. On that very day the Dutch ships came up, moored under the fort, landed their men, and en- tered the garrison, without giving or receiving a shot. A council of war was afterwards held at the stadt house, at which were present Cornelius Evertse, jun. ) /> • T 1 Ti 1 } Commodores, .lacob Benkes, ) Anthony Colve, \ . , Nicholas Bowes, > Captains, Abm. Ferd. Van Zyll, ) r All the magistrates and constables from East Jersey, Long Island, Esopus, and Albany, were immediately % on History of New- York, M^\ # summoned to New-York ; and the major paii of them swore allegiance to the States General, and the pnnce of Orange. Colonel Lovelace was ordered to depart the province, but aftenvards obtained leave to return to England with Commodore Benkes. It has often been insisted on, that this conquest did not extend to the whole province of New-Jersey ; but upon what foundation 1 cannot discover. From the Dutch records it appears, that deputies were sent by the people inha- biting the country, even so far westward as Delaware River, who in the name of their principals, made a de- claration of their submission ; in return for which, cer- tain privileges were granted to them, and three judica- tories erected at Niewer Amstel, Upland, and Hoer Kill. Colve's commission to be governour of tiiis coun- try is worth printing, because it shews the extent of the Dutch claims. The translation runs thus : " The honourable and awful council of war, for tlieir high mightinesses the States General of the I'nited Netherlands, and his serene highness the prince of Orange, over a squadron of ships, now at anchor in Hudson's River, in New-Netherlands. To all those who shall see or hear tliese, greeting. As it is necessa- ry to appoint a lit and able person, to carry the chi.f command over this conquest of New-Netherlaiuls, with all its appendencies and dependencies, froui Cape Hin- lopen on the south side of tlie South or Delawaie bay, and fifteen miles more southerly, with th^ said bny and South River inchided ; so as they were formerly pos- sessed by the directors of the city of i^ msterdain, imd after by the English government, in the nrme and right of the duke of York ; and furtiier from the said Cape Hinlopen, along the Great Ocean, to the oast end 1! ''" \:'m- A ''Wff part of Ihein 1(1 the prince id to depart ve to return It has often 3t extend to upon wlial utcb records people inlia- as Delaware , made a de- '! wliicli, cer- hree judica- , and Hoer )f tliis coun- xteiit of the ar, for their the United 3 prince of anchor in all those IS necessa- the clii.f mds, wild Cape Hin- iware bav, d bav and nerly pos- rdain, and npine and 1 the said ) oast end History of New- York* -- ^. of Long Island, and Shelter Island ; from thence west-, ward to the middle of the Sound, to a tow^n called Greenwith, on the main, and to run landward in, north- er) v ; pi'ovided that sucli line shall not come within ten miles ofiNoith River, conformable to a provincial trea- try made in 1630, and ratified by the States General, February 23, 1656, and January 23, 1664 ; with all lands, islands, rivers, lakes, kills, creeks, fresh and sali waters, fortresses, cities, towns, and plantations therein comprehended. So it is, that we being sufficiently as- sured of the capacity of Anthony Colve, captain of a company of foot, in the servic <>J their high mightiness- es, the States Gerjeral of the UnUed Netherlands, and his serene highness the prince of Orange, &;c. By vir- tue of OTU" commission, granted us by their before men- tirmed hi>^h mightinesses and his highness, have appoint- ed and cjualified, as we do by these presents appoint and qualify, the said Captain Anthony Colve, to govern and ride these lands, with the appendencies and depen- dencies thereof, as governour general ; to protect them from all invasions of enemies, as he shall judge most ne- cessary ; hereby charging all liigh and low officers, jus- tices, and magistrates, and others in authority, soldiers, burghers, and all the inha1>itants of this land, to acknow- ledge, honour, respect and obey, the said Anthony Colve, as goveinour general ; for such we judge necessary, for the service of the country, waiting the approbation of Thus done at fort \Villiain Hendrick, our principals. Thus done at the 12th day of AuguiH, 1*673. C( Signed by Jacob Benkes c"* ornelius Evertse,jun, »i The Dutch goveinour enjoyed his office but a very ihort season, for on the 9th of February, 1674, the trea- ■'f»l 60 Mstory oj New-York, $■ ty of peace bet wee" England and the States Genera was signed at Westminster ; the sixth article of which, restored this country to the English. The tenns of it were generally, " That whatsoever countries, islands, towns, ports, castles, or forts, have or shall be taken on both sides, since the time that the late unhappy war broke out, either in Europe or elsewhere, shall be res- tored to the former lord and proprietor, in the same con- dition they shall be in, when the peace itself shall be proclaimed ; after which time, there shall be no spoil nor plunder of the inhabitants, no demolition of fortifi- rt cations, nor carrying away of guns, powder or other military stores, which belonged to any castle or fort, at the time when it was taken." ^ The lenity which began the administration of Colonel NicoUs was continued under Lovelace. He appears to have been a man, rather of a phlegmatic than an enter- prising disposition, always pursuing the common road, and scarcely ever acting without the aid of his council. # Instead of taking upon himself the sole determination of judicial controversies, after the example of his prede- cessor, he called to his assistance a few justices of the peace. This, which was called the court of assizes,* was the principal law judicatory in those times. The legblative power under the'duke, was vested entirely in ■1 * This was a court both of law and equity, for the trial of causes of 201. and upwards, and ordinarily sat ^ut once a year. Subordinate to this, were the town courts and sessions ; (he former took cognizance of actions under 51. and the latter, of suits between that sum and 201. se- ven constables and overseers were judges in the first, and m the last the justices of the peace, with a jury of seven men. The verdict of the majority was sufficiest. %^ ■*" tes Genera 5 of which, tenns of it ies, islands, be taken on ihappy war liall be res- e same con- elf shall be be no spoil n of fortifi- er or other e or fort, at 1 of Colonel } appears to n an enter- nmon road, his council, ermination his prede- ices of the f assizes,* mes. The entirely in | 11 I?. History of New- York, 61 the governour and council. A third estate might then be easily dispensed with, for the charge of the province was * small, and in a great measure defrayed by his royal highness, the proprietor of the couniry. Upon conclusion of the peace in 1674, the duke of York, to remove all controversy respecting his proper- ty, obtained a new patent f from the king, dated the 29th of June, for the lands granted in 1664, and two days after commissioned major, afterwards Sir Edmond An- dross, to be governour of his territories in America. Af- ter the resignation of this province, which was made to him by the Dutch possessors, on the 31st of October following, he called a court martial, to try Manning for his treacherous and cowardly surrender. The articles of accusation exliibited against him, were in substance. * The manner of raising publick money, was established by Colonel Nicolls, on the first of June, 1665, and was thus : The high sheriff is- sued a warrant annually, to the high constables of every district, and they sent theirs to the petty constables ; who, with the overseers of each town, made a list of all male persons above sixteen years of age, with an estimate of [heir rent and personal estates, and then taxed them according to certain rates, prescribed by a law. Af< ter the assessment was returned to the high sheriff, and approved by the governour, the constables received warrants for levying the taxes by distress and sale. t • t Some are of opinion that the second patent was unnecessary, the duke being revested per post liminium. This matter has been often disputed in the ejectments between the Nenr-Jersey proprietors and the Elizabethtown patentees. In New- York the right of postliminy was disregarded, and perhaps unknown ; for there are many instances, es- pecially on Long Island, of new grants from Sir Eduiond Andross, for lands patented under NicoUs and Lovelace, by which the quitrents have been artfully enlarged. l!^i: ;'!i i 62 History of New-York, I. That the said Manning, on the 28th of July, 1673, having notice of the approach of the enemy's fleet, did not endeavour to put the garrison in a posture of de- fence ; but on the conti'ary, slighted such as ofiered their assistance. . ^ II. That while the fleet was at anchor under Staten Island, on the 30th of July, he treacherously sent on board to treat with the enemy, to the great discourage- ment of the garrison. III. That he suffered the fleet to moor under llie fort, forbidding a gun to be fired on pain of death. lY. That he permitted the enemy to lard, without the least opi)osition. V. That shortly after he had sent persons to treat with the Dutch commodores, he struck his flag, even before the enemy were in sight of the garrison, the fort being in a condition, and the men desirous, to fight. VI. And lastly, that he treacherousl}' caused tlie fort gates to be opened, and cowardly and basely let in the enemy, yielding the garrison without articles. This scandalous charge, which Manning on his trial confessed to be true, is less surprising, than the lenity of the sentence pronounced against him. It was this, that though he deserved death, yet because he liad since the surrender been in England, and seen the king and the duke, it was adjudged that his sword should be broke over his head in publick, before the city hall, and himself rendered incapable of wearing a sword, and of serving his majesty for tMe future, in any publick trust in the government. This light censure, is however no proof that Sir Ed- mond was a man of a merciful disposition ; the histo- rians of New-England, wliere he was afterwards gover- V \:n i; ' b History of New- York. 63 uly, 1673, fleet, did ure of de- iered their ler Staten y sent on isc'ourage- under the lealh. ^ J, without IS to treat flao^, even n, the fort fight, d tlie fort et in the his trial |he lenity was this, he had the king liould be i'ity hall, lord, and publick I Sir Ed- histo- ffover- ■^^^ noiir, justly transmit him to posterity, under the odious character of a sycophantick tool to the duke, and an ar]>itrary tyrant over the people committed to his care. He knew no law, but the will of his master, and Kiik and .Tetferies were not fitter instruments than he to ex- ecute the despotick projects of .lames II. In the year 1675, Nicholas Renslaer, a Dutch cler- gyman, arrived here. He claimed the manor of Rens- laerwyck, and was recommended by the duke to Sir Edmond Andross for a living in one of the churches at New- York or Albany, probably to serve the popish causo.^ Niewenhyt, minister of the chinch at Albany, disputed liis right to administer the sacraments, because he had received an Episcopal ordination, and w as not approved by the classis of Amsterdam, to which the Dutch churches here hold themselves subordinate. lu this controversy the governour took the part of Rens- laer, and accordingly summoned Niewenhyt before him, to answer for his conduct. This minister was treated witli such singular contempt, and so frequently harrassed, by fruitless and expensive attendances before the council, that the dispute became interesting, and the greater part of the people resented the usage he * Another reason is assigned for the favour he met with from the crown. It is said that while Charks II. vas an exile, lie predicted the day of his restoration. The people of Albany had a high opinion of his prophetick spirit, and many stranj;e tales about him still prevail there. The p^rsg^i made nothing of liis claim, the manor bein«; after- wards granted, by Colonel Dongan to Killian Van Reiisiatr, a dis- tant relation. This extensive tract, by the Dutch called a colony, is «n oblong extending twenty-four miles upon Hudson's river, and as ma- ny upon each side. The pateni of confirmation was issued by special direction from the king, and id the most liberal in the privileges it grants of any one ia the provioce. !l -Ik ,,....„...jillll!! 1 1 II ilii ! iiiihr mWw m ji\\ f|pfi"tj|j 64 History of New-York. met with. Hence we find, tliat the magistrates of Al- bany, soon after imprisoned Renslaer, for several dubi- ous words, (as they are called in the record) delivered in a sermon. The governour, on the other hand, or- dered him to be released, and summoned the magis- trates to attend him at New- York. Warrants were * then issued to compel them to ^ive security in 5000/. each, to make out good cause for confining the minis- ter. Leisler, who was one of them, refused to comply with the warrant, and was thrown into jail. Sir Ed- mond, fearful that a great party would rise up against him, was at last compelled to discontinue his ecclesias- tical juiisdiction, and to refer the controversy to the determination of the consistory of the Dutch church at Albany. It is perhaps not improbable, that these po- pish measures sowed the seeds of that aversion to the duke's government, which afterwards produced those violent convulsions in the province under Leisler, at the time of the revolution in favour of the prince of Orange. If Su' Edmond Andross' administration at New- York appears to be less exceptionable than while he com- manded at Boston, it w^as through want of more oppor- tunities to shew himself in his true light. The main course of his publick proceedings, during his continu- ance in the province, was spent in the ordinary acts of the government, which then principally consisted in passing grants to the subject, and presiding in the court of assize, established by Colonel Lovelace. The pub- lick exigencies were now in pail supplied by a kind of benevolence ; the badge of bad times ! This appears in an entry on the records, of a letter of May the 5th, 1676, from Governour Andross, to several towns on « M tEstoty of Keiv-York «r ites of Al- ireral dubi- \ delivered ^ hand, or- the niagis- raiits were Y in 5000/. the minis- lo comply . Sir Ed- up against J ecclesias- Tsy to the I church at t these po- sion to the iced those Leisler, at prince of 'm Long Island, desiring to know what sunrts they would contribute towards the war. Near the close of his ad- ministration he thought proper to quarrel with Pliilip Carteret, who in 1680^ exercised the government of East .Jersey, under a commission from Sir George Car- teret, dated the 31st of .luly, 1675. Andross disputed his right, and seized and brought him prisoner to New- York ; for which it is said he lost liis own government; but whoever considers that Sir Edmond was immedi- ately preferred to be governour of Boston, will rather believe that the duke superseded him for some other reasons. ' • ; .-\-:*^ Before I proceed to the succeeding administration, in which our Indian afHiirs began to hiv^e a powerful influence upon the publick measures, it m *v not be improper to present the reader with a sumi;u'y view of the history and character of the Five "^I- tions.^^ T' » se* of all those innumerable tribes of .^^ i zagcs, which inha- bit the northern part of America, are of most impor- tance to us and the French, both on account of theh* vicinity and warlike disposition. Before the late incor- poration of the Tuscaroras, a people driven by tlie in- habitants of Carolina from the frontiers of Virginia, they* consisted of five confederate cantons.f What in par- ticular gave rise to this league, and when it took place, are questions which neither iui natives, nor Europeans, * By the Dutch caHed Maqurns, by the Frencn Iroquois, and by us^ Five Nations, Six Nations, "wi lately the Confederates, They are great* ly diminished, and consi&t now only of about twelve hundred fighting men. t The Tusdardi'as Were received upon a supposition that they Vf^tt Mipnally of the same stock with the Five Nations, becaase there ilt some similitude between their languages. 9 I '!!/; 66 History of Neiv-York. pretend to answer. Each of these nations is divided into three families, or clans, of different mnks, bearing for their arms, and being d^liqguished by the names of the tortoise, the bear, and the wolf.* No people in the world perhaps have liiglier notions than these Indians of military glory. All the sunound- ing nations have felt the eflects of their prowess ; and many not only became their tributaries, but were so subjugated to their power, that without their consent, they durst not commence either peace or war. Though a regular police for the preservation of har- mony within, and the defence of tlie state against inva- sions from without, is not to be expected from tlie peo- ple of whom I am now writing, ye\, perhaps, they have paid more attention to it than is generally allowed. Their government is suited to their condition. A peo- ple whose riches consist not so much in a])un(hmce, as in a freedom from want ; f who are circuinscrilMxl by no boundaries, who live by hunting, ami not hy agriculture, must always be free, and therefore .subject to no other authority, than such as consists with the liberty neces.^^a- rily arising from their circumstances. All their allairs, whether respecting peace or war, are under the direc- tion of their sachems, or chief men. Great exploits and publick virtue procure tlie esteem of a people, and qual- ify a man to advise in count II, and execute the plans con- certed for the advantaire of liis counti y : thus whoever I t .« .! #J :•' f • Their instmmciits of convpyano* « are (»I«{iip(1 by signatun^, \v!ikl» Uiey make with a pen, rrprepciiriiig llit'sr aiiiirnls. > f An Indian, in answer to Iiih ad news. If tlie former, the village is alarmed, and an entertainment provided for tlie conquerours, who in the mean time approach in sight : one of them bears the scalps stretched over a bow, and elevated upon a long pole. The boldest man in the town comes out, and re- ceives it, and instantly flies to the hut wliere the rest are collected. If he is overtaken, he is beaten unmer- cifully ; but if he outruns the pursuer, he participates in the honour of the victors, who at their first entrance receive no compliments, nor speak a single word till the end of the feast. Their parents, wives, and children then are admitted, and treat them with the profoundest respect. After these salutations, one of the conquer- ours is appointed to relate the whole adventure, to which the rest attentively listen, without asking a ques- tion, and the whole concludes with a savage dance. . The Indians never fight in the field, or upon equal terms, but always sculk and attack, by surprise, in small ])arties, meeting every night at a place of rendezvous. Scarcely any enemy can escape them, for by the dispo- sition of the grass and leaves, tliey follow his tract witli 72 History of New- York, II .1 " I^J, '|i!' great speed any where but over a rock. Their barbar- ity is shocking to liuman nature. Women and children they generally kill and scalp, because they would re- tard their progress ; but the men they carry into cap- tivity. If any woman has lost a relation, and inclines to receive the prisoner in his stead, he not only escapes a series of the most inhuman tortures, and death itself, but enjoys every immunity they can bestow, and is es- teemed a member of the family into which he is adopt- ed. To part with him would be the most ignominious conduct and considered as selling the blood of the de- ceased ; and for this reason it is not without the great- est diflficulty that a Captive is redeemed. When the Indians incline to peace, a messenger is sent to the enemy with a pipe, the bowl of which is made of soft, red marble ; and a long reed, beautifully painted, and adorned with the gay plumage of birds, forms the stem. This is his infallible protection from any assault on the way. The envoy makes his propo- sals to the enemy, who, if they approve them, ratify the preliminaries to the peace, by smoking through the pipe, and from that instant a general cessatiwi of arms takes place. The French call it a cahimef. It is used, as far as I can learn, by all the Indian nations upon the continent. Tlie rights of it are esteemed sacred, and have been only invaded by the Flat Heads ; in just in- dij^nation for which, the confederates mahitained a war with thern tor near tliirty years. * • As to the lans^u:ige of the Five Nations, the best ac- count I have had of it, is contained in a hdter from the Reverend !Mr. Spencer, who resided amouii^st them in the year 174 \tf ^ Those beads, which pass for money, are called by the Indiaog, ivampum, and by the Dutch, scwaiit : six beads were formerly valued at a stiver. There are always several poor families at Albany, who support themselves by coining this cash for the traders. M History of New-York, Illl!':Hil'*.'4 ^\- % I , ... 1..; iiiH. them would remind a man of letters of the lares and penates of the ancients, but no certain judgment can be drawn of their use. The Indians sometimes assemble in large numbers, and retire far into the wilderness, where they eat and drink in a profuse manner. These conventions are called kmticoys. Some esteem them to be debauched revels or Bacchanalia ; but those, who have privately followed them into these recesses, give 8uch accounts of their conduct, as naturally lead one to imagine, that they pay a joint homage and supplication to some invisible being. If we suppose they have a re- ligion, it is worse than none, and raises in the generous mind, most melancholy ideas of their depraved condi* tion. Little has been done to illuminate these dark corners of the earth with the light of the Gospel. The French priests boast indeed of their converts, but they tave made more proselytes to politicks than religion. Queen Anne sent a missionary among them, and gave him an appointment out of the privy purse. He was a man of a good life, but slow parts, and his success very inconsiderable. The reverend Mr. Barclay afterwards resided among the Mohawks, but no suitable provision being made for an interpreter, he was obliged to break up the mission. If the English society for propagating the Gospel, that truly venerable body, instead of main- taining missionaries in rich Christian congregations along the continent, expended half the an[K)unt of their annual contributions on evangelists among the heathen, besides the unspeakable religious benefits that would, it is to be hoped, accrue to the nt^tives, such a proceed* ing would conduce greatly to the safety of our colo- nies, and his majesty's service. Much has been wriUen :•!!; ^=i*Ci « « Wstory of New- York, 77. upon this subject in America;* and why nothing ta purpose has yet been attempted in England, towards sp laudable a design, can only be attributed to the amaz- ing falsehoods and misrepresentations, by which some of the missionaries have long imposed upon benevolent minds in Great Britain.f . As to the history of the Five nations, before theii- ac- quaintance with the Europeans, it is wrapt up in the dark ness of antiquity. It is said that their first residence was in the country about Montreal ; and that the sup> riour strength of the Adirondacks, whom the French call Algonquins, drove them into their present posses- sions, lying on the south side of the IVlohawks river, and * See Mr. Hobart*s letters to the Episcopalians in Nev-England. The accounts of the Scotch mission at Slockbridge. Douglass' Sum- mary, &c. : , ' ' ' f This is notorious to all who give themselves the trouble of perusing the abstracts of their accounts published in England. It would be a very agreeable oflice to Uic, on this occasion, to distinguish the inno- cent from the guilty, but that such a task would infallibly raise up a host of enemies. Many of the missionaries are men of learning and examplary morals. These in America arc known and honoured, and cannot be prejudiced by an indisciiminate censure. Their joining in a representation for distinguishing the delinquents, who are a disgrace to the cloth, will serve as a full vindication of themselves to the society. Mr. Ogilvie is, I believe, the only person now employed by that char- itable corporation among the Indians, and the greatest part even of his charge is in the city of Albany. All the Scotch missionaries arc among the heathen, and their success has been sutTicicnt to encourage an}' fu- ture attempts. There is a regular society of Indian converts in New- Jersey ; and it is worthy of remark, that not one of them has aposta- tized into heathenism. Some of th<>m have made such proficiencies in practical religion, as ought to shame many of us, who boast the illumi- nating aids of our native Christianity. Not one of these Indians has teen concerned in those barbarous irroptious, which have lately dclMg- ,,, ■■i*' ■., i'.i IP History oj New- York, the great lake Ontario.* Towards tlie close of those disputes, which continued for a great series of years, the confederates gained advantages over the Adiron- dacks, and struck a general terroirr into ail the other Indians. The Jiurons on the n -tb ride of the lake Erie, and the Cat Indians on the soLitii side, were totally conquered and dispersed. The French, who settled Canada in 1603, took umbrage at their success, and be- gan a war with them, which had well nigh ruined the new colony. In autumn 1665, Mr. Courcelles, the governour, sent out a party against the Mohawks. Through igno- rance of the country, and the want of snowshoes, they ivere almost perished, when they fell in with Schenec- ed the frontiers of the south westeru provinces, with the blood of seve- ral hundred innocents of every age and sex. At (he commencemeut of these ravages, they flew into the settlements, and put themselves un- der the protection of the government. These Indians no sooner be- came Christians, than they openly professed their loyalty to king George ; and therefoi-e to contribute to their conversion, was as truly politick, as nobly Christian. Those colonies which have done most for this charitable design, have escaped best from the late distreesiog calamities. Of all the missionaries, Mr. David Brainerd, who recover- ed these Indians from the darkness of paganism, was most successful. He died the 9th of October, 1 747, a victim to his extreme mortifica- tion and inextinguishable zeal, for the prosperity of his mission. Those who are curious to enquire particularly into the effects of his indefatig- able industry, may have recourse to his journal, published at Philadel- phia, by the American correspondents of the Scotch society, in whose service he was employed. Dr. Douglass, ever ready to honour his oative country, after remarking that this self-denying clergyman rode about 400 miles, in the year 1 744, with an air of approbation, asks, " Is there any missionary, from any of the societies, for propagating the Gospel in foreign parts, that has reported the like." * Charlevoix, in partiality to the French, limits the country of the Five Nations, on the north, to the 4 Ith degree of latitude ; according ■< , * 1" History of New- York, 7% se of those js of years, iie Adirou- i tlie other of the lake vere totally who settled ess, and be- ned the new governour, rough igno- shoes, they h Schenec- blood of 8CVC- sommencemeut themselves uo- no sooner bc- yalty to king was as truly ive done inobt ite distressiog who recover- st successful. me mortiAca- issioD. Those his indefatig- at Philadel- ty, in whose honour his gyman rode ation, asks, propagating mtry of the according tady. And even there the Indians would hare sacrific- ed them to their barbarous rage, had not Corlear, a' Dutchman, interposed to protect them. For this sea- sonable hospitality, the French governour invited hiin to Canada, but he was unfortunately drowned in his passage through the lake Champlain. It is in honour of this man, who was a favourite of the Indians, that the governours of New-York, in all their treaties, are ad- dressed by the name of Corlear. Twenty light compa- nies of foot, and the whole militia of Canada, marched the next spring into the country of the Mohawks ; but their success was vastly unequal to the charge and la- bour of such a tedious march of 700 miles, through an uncultivated desart ; for the Indians, on their approach, retired into the woods, leaving behind them some old sachems, who preferred death to life, to glut the fury of their enemies. The emptiness of this parade on the one hand, and the Indian fearfulness of fire arms on the other, brought about a peace in 16(37, which continued for several years after. In this interval, both tlie Eng^ lish and French cultivated a trade with the natives very profitable to both nations. The latter, however. Were most politick and vigorous, and filled the Indian to which, all the country on the north side of lake Ontario, and the river issuing thence to Montreal, together with a considerable tract of land on the south side of that river, belongs to the French. Hen- nepin, a recollect friar, has more regard to truth than the Jesuit ; ^r he tells us in effect, that the Iroquois possessed the lands on the north, as well as on the south side of the lake, and mentions several of their villages in 1679, viz. Tejajahon, Kente,and Ganneousse. The map in his book agrees with the text. Charlevoix is at variance with hit geographer ; for Mr. Bellio, besides laying down these towns in tlie map, contained in the fifth volume, writes on the north side of tfae protraction of lake Ontario, les Iroquois du nord. uU"' < ■, r . 4> ■ m 1! '? '.'.i • '1 S!l, '■ i"h.r ill ; History of Nm-York country with their missionaries. The sieur Perot, tlio very year in which the peace was concMclecl, travelled above 1200 miles westward, making proselytes of the Indians every where to the French interest. Courcelles •appeal's to have been a man of art and industry. He took every measure in his power for the defence of Canada. To prevent the irruptions of the Five Nations, by the way of lake Chainplain, ho built several foils in 1665, between that and the mouth of the river Sorel. In 1672, just before his return to France, under pre- tence of treating with the Indians more couimodiously, but in reality, as Charlevoix expresses it, " to bridle tliem," he obtained their leave to erect a fort at Cadar- acqui; or lake Ontario, wliich count Frontenac, his suc- cessor, completed the following spring, and called af- ter his own name*. The command of it was afterwards given to Mr. De la Salle, who, in 1678, rebuilt it with stone. This enterprising person, the same year, launch- ed a bark of ten tons into the lake Ontario, and anoth- er of sixty tons, tiie year after, into lake Erie : about which time he inclosed with palisadoe^, a little spot at Niagara. Though the duke of York had preferred colonel Thomas Dongan to the government of this province on tlie 30th of September, 1682, he did not arrive here till the 27th of August, in the following year. He was a man of integrity, moderation, and genteel manners, and though a professed papist, may be classed among the best of our governours. * ^n May, 1721, It ^m a square, with four bngtion?, built of atone, being a quarter of a French league in cirrunifercnre ; before it, are many gmall iilouds, and a good harbour, aud bcL^od it a morass. Cha& 1 i Ui story bfNew-Yorit, 8} The people, who had been formerly ruled at the will of tlie duke's deputies, began their first participation irt the legislative power under colonel Dongan, for short- ly after his arrival, he issued orders to the sheriffs, to sunnnon the freeholders for choosing representatives, to meet him in assembly on the 17th of October, 1683. Nothing could be more agreeable to the people, who, whether Dutch or English, were born the subjects of a free slate ; nor, indeed, was tlie change of less advan* tage to the duke, thnn to the inhabitants. For such a general disgust had prevailed, and in particular in Long Island, against the old form which colonel Nicolls had introi!i"f J, as threatened the total subversion of the publick tranquility. Colonel Dongan saw the disaffection of the people at the east end of the Island, for he land- ed there on his first arrival ::> the country ; and to f > tinguish the fire of discontent, then impatient to burst out, gave them his ])n)mise, tliat no laws or rates for the future should be imjmsed, but by a general assem- bly. Doul»tless, this alteration was agreeable to the duke's orders, who had been stronglv importuned for it,* as well as accej>table to the people, for they sent him soon after an address, expressijig the highest sense of gratitude, for so beneficial a ciiange in the govern- ment. It would have been impossible for him much longer to have niaintuimMl the old modil over free sub- jects, who had just before formed tiieniselves Into a co- * The ppiition to liis royal liijiliness wns drnwn by the council, thft aldcrmf n of IV,w-Ynrt, ami the justlcps of tlie peace nt (he court of i»S'i/p, »h« 2nih of June, 1081. I Iihvo srtn a copy In thr hntirib of Lf;wift Morris, Kq. It contains mnny severe rcflvctiotts upon th« ty- ranny of li^ir Kiiifioud Andros3. 11 ^2 Historic of New- York. nf-\ 1 ; lony for the enjoyment of their liberties, and had even aheady solicited the protection of the colony of Con- necticut, from whence the greatest part of them came» Disputes relating to tlie limits of certain townships at the east end of Long Island, sowed the seeds of enmity against Dongan, so deej)ly in the liearts of many who were concerned in them, that their representation to Connecticut, at tlie revolution, contains the bitterest in- vectives against him, Dongan surpassed all his predecessors in a due at- tention to our aflairs with the Indians, by whom he wa^ highly esteemed. It must be remembered to his honour that though he was ordered by the duke, to encourage the French priests, who were come to reside among the natives, under pretence of advancing the popisli cause, but in reality to gain them f>ver to the French interest ; yet lie forbid the Five Nations to entertaui tliem. The jesuils, however, had no small success. Tlieir prose- lytes are called praying Indians, or Caghnuagaes, and reside now in Canada, at the fall of St. Lewis, opposite to Mcmtronl. This village was begun in 1G71, and con- sists of such of the Five Nations as have formerly been drawn away by the intrigues of the French priests, in the times of Lovelace and Andross, who seem to have paid no a1t«;ntinn to our Indian ailairs.* It was ow- ing to the instigation also of these priests, that the Five Nations about this time, committed hostilities on the back parts of Maryland and Virginia, whicli occa- • Of late some others of (fit confederates liave been nlliired to BeMie tit Obw( j^atchi, called )-\ the Fr-nch, la GalUltH, near fifty mjles be- low Krontenac. General Sh>rley'H i>niig»nrieH from Oswepo, In 1765, jgrevailed willi itVKral <>i Uicse luuiilkM loietum lo Iheir uld habilalioos. i< 11 occa- Htsto to^^^. ^NeW'Tork. 8d ;donecl a 2;rand convention at Albany, in the year 1684, Lord Howard of Effinfijham, the "fovernour of Virginia, was present, and made a covenant with them for pre*- ventinjz; further depredations, towards the acomplislv ment of which, colonel Donjjfan was very instrumental.* Doctor Colden has published this treaty at l:ir«;e, but as it has no immediate connection with the adiiirs of this province, T Ijcs; leave to refer the reader for a full ac- count of it to his iiistorv of the Five Nations. While lord Howard was at Albany, a messenger from De la Barre, then jifovernour of Canada, arrived there, complaining of the Seneca Indians, for interrupting the Frencli in their trade with the more distant Indians, com»nonly included among us by the general name of the Far Nations.f Colonel Dongaji, to whom the mes- sage was sent, conhnunicated it to the Senecas, wlio admilted the charge, but justified their conduct, alledg- ing, that the Frencli supplied arms and ammunition to the Twight\\ies,J with wliom they were then at war. De la 15arre, at the same time, meditating nothing lesa than the total destruction f)f the Five Nations, proceed- ed with an ariiiy of 1700 men to the lake Ontario. INlighty preparation; were made ! , ol)tain the desired success : fresh troops were imported from France, and a letter procured from the (hike of Vork to colonel Don- gan, commanding him to lay no obstailes in the way. The oflicers posted in theoiit fort^^, even as fur as Meu-. *■ TIiIh covmaiit v.as ra(iri»Ml in lonji, and at several times since. I By the Kar IValioiis, are mnant all tliosi- nuaicroiis lribe« itiliahiliiij^ the couiifiies on both «lfl«'H «>f the laiics Huron ami Kric, \v«'»twanl, aa far aH the Ali».siHi|)|)i, arul lli»; soulhera cjuutry along tlic bttuks of the Ohio, ami itH braiicheg. ; ^ iiy the i'reiich called IVIianiie.«. w- 84 JTislorj/ of^^f^York, Bilimakinac, were ordered to rendezvous at Niagara, with ail tlie western Indians tliey could engage. Dongan, regardless of the duke's orders, apprised the Indians of the French designs, and promised to assist them. Af- ter six weeks delay at fort Frontenac, during which time a great sickness, occasioned by bad provisions, broke out in the French army, De la 13arre found it ne- cessary to conclude the campaign with a treaty, for which purpose he crossed the lake, and came to the place which, from the distress of his army, was called la Famine. Dongan sent an interpreter among the In- dians, by all means to prevent them from attending the treaty. The Mohawks and Senecas accordingly re- fused to meet De la Barre, but the Oneydoes, Ononda- gas, and Cayugas, influenced by the missionaries, were^ unwilling to hear the interpreter, except before the priests, one La iMain, and throe oilier Frenchmen, and afterwards waited upon the Frt ncli governour. Two days after their arrival in the camp, monsieur De la Barre, addressing him-elf to Girrangula, an Onondaga chief, made tlie foilowing speecli, the Indians, and French officers at the same time forming a cucle round about him. " The king, my master, being informed tlmt the Five Nations have often infringed tlie peace, lias ordered me to come hither with a guard, an J to send Ohguesse to the Onondagas, to bring the chief sachems to niy camp. The intention of the great kin<; is, that you and I may smoke the calumet of peace togetljcr ; but on this condition, that you proi.iise me, in the name of the Senecas, Cay* ugas, Onondagas, and Mohawks, to give entire satisfac- tion and reparation to his subjects, and for the future never to molest them. r 'm TTistory of New-Yorfc. 8ft agara, with Dongaii, Indians of liem. Af- ing which provisions, 3und it ne- realv, foj- me to the was called )ng the In- ending the dingly re- i, Ononda- ries, were^ >efore the linen, and ur. Two ur Ue la Onondaga |ians, and le round tlie Five tiered me |sse to the imp. The ly smoke ►ndition, |as, Cay- sat isfac- le ill lure « The Senecas, Cayiigas, Onondagas, Oneydoes, and Mohawks, have robbed and abused all the traders that were ])assing to the Illinois and Miamies, and other In- dian nations, the children of my king. They have acted, on these occasions, contrary to the treaty of peace with my predecessor. I am ordered, therefore, to demand satisfaction, and to tell them, that in case of refusal, or their plundering us any more, I have ex- press orders t(/ declare war. This belt confirms my words. The w arriours of the Five Nations have con- ducted the Ejii^rish into the lakes, which belong to the king, my master, and brought the English among the nations that are his children, to destroy the trade of his subjects, and to withdraw these nations from him. They have carried the En.'rlisli tiiither, notwithstanding the prohibition of tlie late governour of New-York, who foresaw the risque that both they and you would run. I am willing to forget those things, but if ever the like shall happen for the future, I have express orders to de- clare war against you. This belt confirms my words. " Your warriours have made several barbarous in- cursions on the Illinois and Miamies ; they have massacred men, women, and children, and have made many of these nations prisoners, who thought theni- selves saie in thoir villpges in time of poace : these people, who aie my king's children, must not be your slaves ; you must give them their lil)erty, and send tlie!n bark into their own country. If the Five Nations shall nfuse to do this, I liave express or- ders to declare war against them. This belt conlinnH my words. " This is what I have to say to Garrangula, that he »noy carry to the iSenet i^;-, Unondajias, Oni'ydoes, Cay- ft m Histori/ of New-York. ugas, and Mohawks, the declaration which the kinja;, my master, has commanded me to make. He doth not wish them to force him to send a great army to Cadar- ackui fort, to begin a war, which must be fatal to them. He would be sorry that this fort, that was tlie work of peace, should become the prison of your warrioui*s. We must endeavour, on both gidos, to prevent such misfortunes. The French, who are the bretliren and frien Js of the Five Nations, will never trouble their re- pose, provided that the satisfaction, which I demand, be given ; and that the treaties of i>eace be hereafter ob- served. I shall be extremely grieved, if my words do not produce the effect which I expect from them ; for then I shall be obliged to join with the governour of New- York, who is commande^l by hh master, to assist me, and burn the castles of the Five Nations and de- stroy you. This belt confirms my words." Gnrrangula heard these threats with contempt, be- cause he had learrkC tlie distressed state of the French army, and knew ihat they were incapable of executing tlie designs with which they set out ; and, therefore, af- ter walking five or six times round the circle, he an- swered the French governour, who sat in an elbow chair, in the following strain : " YONNONDIO, ** 1 honour you, and the warriours that are with me likewise honour you. Your intei*preter has finished your speech ; I now begin mine. My words make haste to reach y«>ur ears ; hearken lo them. " Yonnoi?Jio, you must have believed, when you left Quelxr, that tlie sun had burnt up all the forests, which render our country inaccessible to tho French, or that the lakeb Imd to fiu' overflown the banks, that they .^X--- m*« History of New-Yorh bad surrounded our castles, and that it was impossible for us to get out of them. Yes, Yonnondio, surely you must have dreamt so, and the curiosity of seeing so great a wonder, has brought you so far. Now yon are undeceived, since that I and tlie warriours hei^ ^le- sent, are come to assure you, that the Senecas, Cayu- gas, Onondagas, Oneydoes, and Mohawks, are yet alive, I thank you, in their name, for bringing back into their country the calumet, which your predecessor received from tlieir hands. It was happy for you, that you left under ground that murdering hatchet that has been so , often dyed in the blood of tlie Frencii. Hear, Yonnon- dio, I do not sleep, I have my eyes open, and the sun, whicii enlightens me, discovers to me a great captain at the head of a company of soldiers, who speaks as if he were dreaming. He says, that he only came to the lake to smoke on the great calumet with the Ononda- gas. But Garrangula says, that he sees the contrary, that it was to knock them on the head, if sickness had not weakened the arms of the French. " I see Yonnondio raving in a camp of sick men, whose lives the Great Spirit has saved, by inflicting this sickness on them. Hear, Yonifondio, our women had taken their clubs, our children and old men liad carried theu' bows and arrows into the heart of your camp, if our warriours had not disarmed them, and kept them back, when your messenger, Ohguesse, came to our castles. It is done, and I have said it. Hear, Yonnon- dio, wc [>]tin(lekvd none of the French, but tliose that carried guns, powder, and ball to the Twightwies and Chictagliic'ks, because those arms miglit have cost us oiu" lives. Herein we follow the example of the Jesu- its, who stave all tli« kegs of rum brought to ©ur cas* hi^m itf' S8 History of Nerv-Yorfc. ties, lest the drunken Indians slioiild knock tliem on the head. Our warriours have not bever enoufi;h to pay for all these arms that they have taken, and our old men are not afraid of the war. This belt preserven. my Avords. «* We caiTied the En«;lish into our lakes, to trade there with the Utawawas and Quatogliios, as the Adi- rondacks brought the Frencli to our castles, to carry on a trade, which the English say is theirs. We are born free ; we neither depend on Yonnondio nor Corlear. " We may go wlicre we please, and carry with us whom we please, and buy and sell what we please : if your allies be your slaves, use them as such, command them to receive no other but your people. This belt preserves my words. ** We knocked the Twightwies and Chictaghicks on the head, because they had cut down tlie trees of peace^ which were tlie limits of our country. They have hunted be vers on our lands : they have acted contra- ry to the customs of all Indians ; for tht^y left none of the bevers alive, they killed both male and female. They brought tlie Satanas * into the country, to take pail with them, after they had concerted ill designs against us. W^e have done less tlian either the Englisli or French, that have usurped tl^e lands of so many In- dian nations, and chased them from tlieir own country* This lielt preserves n)y words. "Hear, Yonnundio, w\mi I say, is (he voice of all the Five iSations ; hear what they answer ; open your ears to wlial thoy speak. The Senecas, Cayugas, On- ondagas, Oneydoes, and Mohawks say, that when tiiey By the Frencli called Sauouuons. -^1 History of New- York. 89 buried the hatchet ait Cadarackui (in the presence of your predecessor) in the middle of the fort; they plant-* ed the tree of peace in the same place, to be there carefully preserved, that, in place of a retreat for sol- diers, that fort might be a rendezvous for merchants : that in place of arms and ammunition of war, beavers and merchandise should only enter there. " Hear, Yonnondio, take care for the future, that so great a number of soldiers as appear there do not choke the tree of peace planted in so small a fort. It will be a great loss, if, after it had so easily taken root, you should stop its growth, and prevent its covering your country and ours with its branches. I assure you, in the name of the Five Nations, that our warriours shall dance to the calumet of peace under its leaves, and shall remain quiet on their mats, and shall never dig up the hatchet, till their brother Yonnondio or Corlear shall either jointly or separately endeavour to attack the country, which the Great Spirit has given to our ancestors. This l)elt preserves my words, and this other, the authority which the Five Nations have given me. ^ Then Garrangula, addressing himself to monsieur La Main, said " Take courage, Ohguesse, you have spirit, speak, explain my words, forget nothing, tell all that your brethren and friends say to Yonnondio, your governour, by the mouth of Garrangula, who loves you, and desires you to accept of this present of beaver, and take part with me in my feast, to which I invite you.' This present of l>eaver is sent to Yonnondio, on the ])an: of the Five Nations." >ilnraged at this bold reply, Dp la Barre as soon as the peace was concluded, retired to Monti eat, and in> 12 It'-'} |i i ■' ! ,! .' M rsji 9ft History of Nen>York, gloriously finished an expensive campaign, as Doctor Colden observes, in a scold with an old Iiiciian. De la Barre was succeeded by the marqr.is De Non- Tille, colonel of the dragoons, who arrived wilh a rein- i<)rcement of troops, in 168.0. The marquis was a man of cpurage and an enterprising spirit, and not a Ihtle animated by the consideration, tliat he was sent over to repair the disgrace which liis predecessor had brought upon the French colony. The year after hi-« arrival at Quebec, he wrote a letter to the minister in France, recommending the scheme of erecting a stone fort, suf- ficient to contain four or five hundred men, at Ni- agara, not only to exclude the English from the lakes, but to command tlie fur trade and subdue the Five IVations. Dongan, who was jealous of his designs, took umbrage at the extraordinary supplies sent to frnt Frontenac, and wrote to the French governour, signifying that if he attacked the confederates, he would consider it as a breach of the peace subsisting between the two crowns ; and to prevent his building a fort at r^'iagara, he protested against it, and claimed the coun- try as dependent upon the province. De Nonvilhs in bis answer, denied tliat he intended to invade the Five !^'ation6, tho' the necessary preparations for that pur- pose were then carrying on, and yet Charlevoix com- mends him for his piety and uprightness, " cgalcmetit estimable (says the Jesuit) pour sa vakvr, sa droitvre 6C sapiete" Colonel Dongan, who knew tlie importance of our Indian alliance, placed no contidence in the de- clarations of the marquis, but exerted himself in pre- paring the confederates for a war; and tlie Frencli au- thor, just mentioned, does him honour, while he com- plains of him as a perpetual obstacle in the way ol tlie History of New-York, 91 I, as Doctor lian. sis De Non- witli a rein- s was a man I not a liltJe sent over to lad brou^lit i^ arrival at in France, ne fort, suf- nen, at J\i- I the Jakes, 3 the Five lis designs, es sent to governour, 5, he would g between ig a fort at the couii- )nvill(^, in the Five that pur- voix coni- (galcment roiivre 6C •port a nee n the de- f in pre- ench au- he coiri- y ol the execution of their schemes. Our allies were now tri- uinpiiing in their success over the Chictaghics, and me- ditating a war with the Twightwies, who had disturbed them in their beaver hunting. De Nonville, to prevent the interruption of the French trade witli the Twight-* wies, determined to divert the Five Nations, and carry the war into their country. To that en I, in 1687, he collected two thousand troops and six hundred Indians at Montreal, and issued orders to all the ollicers in the more westerly country, to meet him with additional succours at Niagara, on an expeditim against the Sen- ecas. An English party, under one M*Gregory, at the same time, was gone out ^o trade on the lakes, but the French, notwithstan, '"'V. tf* ^ * Nothing can be more perfidious and unjust than this attack upon our confederates. The two crowns had but just concluded a treaty for the preservation of the peace : La Hontan, one of the French his- torians, censures De Nonville*s conduct, and admits the British title to the command of tlie lakes, but Charlevoix blames lilm, as he docs Hennepin, De L*Isle, and every other author, who confesses the truth to the prejudice of the ambitious claims of the court of France. miff III t fi .11 j'i I /^i n Uy 94 History of NenhTork. ** I am now about sending a gentleman to England, to the king, my master, to let him know, that the French have invaded his territories on this side of the great lake, and warred upon the brethren, his subjectSk I therefon^ would willingly know whether the brethren have given the governour of Canada any provocation or not ; and if they have, how, and in what manner ; because I am obliged to give a true account of this mat- te r. This business may cause a war between the king of England, and the French king, both in £urope and here, and therefore I must know the truth. " I know the governour of Canada dare not enter in- to the king of England's territories, in a hostile manner, without provocation, if he thought the brethren were the king of England's subjects ; but you have, two, or three years ago, madea covenant chain with the French, contrary to my command (which I knew could not hold long) being void of itself among the Christians ; for as much as subjects (as you ai-e) ought not to treat with any foreign nation, it not lying in your power. You have brought this trouble upon yourselves, and, as I believe, this is the only reason of their falling on you at this time. " Brethren, I took it very ill, that after you had put y(mr selves into the number of the great king % K" # Historij of Nerv-York. J 01 Iv destroyed. Only three of the confederates were lost, in all this scene of misery and desolation.* ISever before did Canada sustain such a heavy blow. The news of this attack on Montreal no sooner reach- ed the garrison at the lake Ontario, than they set fire to the two barks, which they had built there, and abandon- ed the fort, leaving a match to twenty-eiglit barrels of powder, designed to blow up tlie works. The soldiers went down the river in such precipitation, that one of the battoes and her crew were all lost in shooting a fall. The confederates in the mean time seized the fort, the powder and the stores ; and of all tlie French allies, who were vastly numerous, only the Nepicirinians and Kikabous adhered to them in their calamities. Tlie Utawawas and seven other nations instantly made peace with the English ; and but for the uncommon sagacity and address of the sieur Perot, the western Indians would have murdered every Frenchman among them. Nor did the distpesses of the Canadians end here. Nu- merous scouts from the Five Nations, continually in- fested their borders. The frequent depredations that were made, prevented them from the cultivation of their fields, and a distressing famine raged through the whole country. Nothing but the ignorance of the Indians in the art of attacking fortified plaices, saved Canada from being now utterly cut off. It was therefore imspeaka- ably fortunate to the French, tirat the Indiiins had no assistance from the English, and as vmfortunate to us, «j=** * I have followed Dr. Coldcn in the aHoiint of (his attack, ivlio dif- fers from Charlevoix. That Jesuit telWs, that the invasion m as late in August, and the Indians fifteen hundred Btyong ; and as to the loss of the French, he diminishes it ooiy to two hundred soula. M' i^ # 1^ ^ .,# '# ■# History of New-York. W that our colonies were then incapable of aflording suc- cours to the confederates, through the malignant influ- ence of those execrable measures, which were pursued under the infamous reign of king James the second. Colonel Dongan, whatever his conduct might have been in civil affairs, did all that he could in those relating to the Indians, and fell at last into the king's displea- sure, through his zeal for the true interest of the pro- vince. . ,£ "T While these things were transacting in Canada, a scene of the greatest in)portance was opening at New- York. A general disaffection to the government pre- vailed among the people.. Papists began to settle in the colony under the smiles of the goveniour. The col- lector of the revejiues, and se^'cral principal officers, threw off the mask, and openly avowed liieir attacli- ment to the doctrines of Rome. A Latin school was set up, and the teacher strongly suspected for a Jesuit. The people of Long Island, who weue disappointed in their expectation of mighty boonis, promised by the governour on his arrival, were become his personal enemies ; and, in a word, the whole body of the peo- ple trembled for the protestant cause. Here the lea- ven of opposition first began to work. Their intel- ligence from England, of the designs there in favour of the prince of Orange, blew up tlie coals of discon- tent, and (elevated the hopes of the disaffected. But no man dared to spring in action, till after the rup- ture in Boston. Sir Edmond Andross, who was per- fectly devoted to ij^e arbitrary measures of king James, by his tyraifby in New-England, had drawn upon himself the universal odium of the people, an- imated with the love of liberty and in the defence of • ■^H i-¥ m lEslorif of NcW'Tork, ' €• ■f ' »■ <>. 103 it resalute and courageous ; aiuJ, Iberefore, when tliey couM no lon/ijer endure his despot ick rule, they seiz- ed and iinprk>oncd him, and afterwards sent him to England. The i?;overnment, in the mean tune, was vest- ed in the hands of a committee for the safety of the people, of which Mr. Bradstreet, was chosen presi- dent. Upon the news of this event, several captains of our militia convened themselves to concert mea- sures in favour of the prince of Orange. Among these, .laroh Leisler, was the most active. He was a man in tolerable esteem among the people, and of a moderate fortune, but destitute of every qualifica- tion necessary for the enterprise. Milborne, his son in law, an Englishman, directed all his councils, while Leisler as absolutely influenced the other offi- cers. ^ ;;, . W''" '''"'" The first thing they contrived, was to seize the ganison in New- York ; and the custom, at that time, of guarding it every night by the militia, gave Leis- ler a fine oppoilunity of executing the design. He entered it with forty-nine men, and determined to hold it till the whole militia shoidd join him. Colo- nel Dongan, who was about to leave the province, then lay embarked in the bay, having a little be- fore resigned the government to Francis Nicholson, the lieutenant governour. The council, civil officer^j, and magistrates of the city, were against Leisler, and therefore manv of his friends were at first fear- ful of openly espousing a cause disapproved by the gentlemen of figure. For this reason, Leisler's first de- claration in favour of the prince of Orange, was sub- scribed only by a few, among several companies of the trained bands. While the people, for four days M: -m *■• ^104 History of New- York. successiTely, were in the utmost perplexity to deter*- mine what part to choose, being solicited by Leisler on the one hand, and threatened by the lieutenant governour on the other, the town was alarmed with a report that three ships were coming up with or- ders from the prince of Orange. This falsehood was very seasonably propagated to serve the interest of Leisler; for, on that day, the 3d of June, 1689, his party was augmented by the addition of six captains and four hundred men in New-York, and a compa- ny of seventy men froiri East Chester, who all subscrib- ed a second declaration,* mutually covenanting to hold the fort for the prince. Colonel Dongan continu- ed till this time in the harbour, waiting the issue of these commotions ; and Nicholson's party being now unable to contend with their opponents were totally dispersed, the lieutenant governour himself absconding, the very night after the last declaration was signed. ^i*. * I liave taken »n exact copy of it for the satisfaction of the reader/ « " Whereas our intention, tended only but to the preservation of the proteetaot religion, and the fort of this citty, to the end that we may avoid and prevent, the rash judgment of the work), in so just a design ( ■wee have thought fitt, to let every body know by these publirk pro- clamation, that till the safe arryvell of the ships, that wee expect eve* ry day, from his royal highness the prince of Orange, with orders for the government of this country in the behalf of such person, as the said royal highness had chosen, and honoured with the charge of a gover* nour, that as soon as the bearer of the said orderd, ehali have let us see his power, then, and without any delay, we shall execute the said or- ders punctually ; declaring that we do intend to submit and obey, not only the said orders, but also (he bearer thereof, comndtted for the ex- ecution of the same. In witness hereof, we have signed those pre- sents, the third of June, 1689. % ti» if m %♦: m ♦■' History of New-York, # >'it 105 Leislei- being now in complete possession of the fort, sent home an address to king William aiid queen Ma- ry, as soon as he received the news of their accession to the tlirone* It is a tedious, incorrect, ill-drawn narra* tive of the grievances which the people had endured^ and the methods lately taken to secure themselves, end* ing with a recognition of the sovereignty of the king and queen over the whole English aominions^ This address was soon followed by a private letter from Leisler to king William, which, in very broken English, informs his majesty of the state of the garri- son, the repairs he had made to it, and the temper of the people, and concludes with strong protestations of his sincerity* loyalty, and zeal. Jost Stoll, an ensign, on the delivery of this letter to the king, had the honour to kiss his majesty's hand, but Nicholson, the lieutenant governour, and one Ennis, an episcopal clergyman, ar- rived in England before him ; and by falsely represent- ing the late measures in New^York, as proceeding rather from their aversion to the church of England, than zeal for the prince of Orange, Leisler and his par- ty missed the rewards and notice which their activity for the revolution justly deserved. For though the king made Stoll the bearer of his thanks to the people for their fidelity, he so little regarded Leisler*s complaints against Nicholson, that he was soon after prefeitid to the government of Virginia. Dongan returned to Ii-e- land, and, it is said, succeeded to the earldoflii of Iiime- rick. Leisler*s sudden investnui-e with supreme pQff^r over the province, and the probable prospects of kiag' William's approbation of his conduct, could not but ex*' cit€ the «nTy and jealousy of the late council and wa- *- % '^'■^f .4P,.i 14 % I ■w. I . («1 hh'- k 1 * ■':■ ■-;■ « id6 mise to preserve the ^* chain inviolably, and wish that the sun may always shine in peace over all our heads that are comprehend- ed in this chain.* We give two belts. One for the Sim, and the other for its beams. We make fast the roots of the tree of peace and tranquility which is plant- ed in this place. Its roots extend as far as the utmost of your colonies ; if the French should come to shake this tree, we would feel it by the motion of its roots, which extend into our country. But we trust it will not be in the governour of Canada's power to shake this tree, which has been so firmly, and long planted with us." Nothing could ha\ e been more advantageous to these colonies, and especially to New- York, than the late suc- cess of the Five Nations against Canada. The mise- ries to which the French were reduced, rendered us secure against their inroads, till the work of the revo- lution was in a great measure accomplished ; and to their distressed condition, we must principally ascribe the defeat of the French design, about this time, to make a conquest of the province. De Callieres, who "^ The Indians* conception of tlie league between them and us, is couched under the idea of a chain extended from a ship to a tree ; ud eveiy renewal of tUi league they call brighteuiog the chain. ^1 ! # ♦ % ^*^ Historjj of New-York, :%... 113 went to Prance in 1688, first projected the scheme ;* and the troubles in England encouraged the French court to make the attempt. Caffiniere commanded the ships which sailed for that purpose from "^ochefort ; subject, nevertheless, to the count De Frontenac, who was general of the land forces, destined to march from Canada by the rout of Sorel river and the lake Cham- plain. The fleet and troops arrived at Chebucta, the place of rendezvous, in September : from whence ih€ count proceeded to Quebec, leaving orders with Caf- finiere to sail for New- York, and continue in the bay, in sight of the city, but beyond the fire of our cannon, till the 1st December : when, if he received no intelli- gence from him, he was ordered to return to France, af- ter unlading the ammunition, stores, and provisions at Poil-Royal.t The count was in high spirits, and fully determined upon the enterprise, till he arrived at Q,ue- |}ec ; where the news of the success of the Five Nations against Montreal, the loss of his favourite fort at lake Ontario, and the advanced season of the year, defeated his aims, and broke up the expedition. De Nonville, who was recalled, canied the news of this disappoint- ment to the court of France, leaving the chief command of the country in the hands of count Frontenac. This ■«. * CharleFoix has published an extract of the nicmoiial presented to the French king. The force demanded for this enterprise was to consist of 1300 regulars, and 300 Canadians. Albany was said to be fortified only by an inclosdre of stockadoes and a little fort with four bastions; and that it contained but 150 soldiers and 300 iniiabitants. That New- York, the capital of the province, was opfn, had a stone fort with four bastions, and about four hundred inhitbitants, divided into eight companies. t Now Annapolis. ■ I' . rfflli H 114 History of New-York. m # .« gentleman was a man of comage, and well acquainted with the affairs of that country. He was then in the 6{ith year of his age, and yet so far from consulting his ease, that in a few days after he landed at Quebec, he re- embarked in a canoe for Montreal, where his presence was absolutely necessary, to animate the inhabitants and regain their Indian alliances. A war, between the English and French crowns, being broke out, the count i^betook himself to every art, for concluding a peace be- tween Canada and the Five Nations ; and for this pur- pose, the utmost civilities were shown to Taweraket and the other Indians, who had been sent to France by De Nonville, and were now returned. Three of those Indians, who doubtless were struck with the grandeur and glory of the French monarch, were properly sent on the important message of conciliating the friendship of the Five Nations. These, agreeable to our alliance, sent two sachems to Albany, in December, with notice that a council for that purpose was io be held at Onon- daga. It is a just reflection upon the people of Albany, that tliey regarded the treaty so slightly, as only to send four Indians and the interpreter with instructions, in their name, to dissuade the confederates from a ces- sation of arms ; while the French, en the other hand, had then a Jesuit among the Oneydoes. Tlie council began on the 22d of January, 1690, and consisted of eighty sachems. Sadekanaglitie, an Onondaga chief, opened the conference. The whole was managed with great art and formality, and concluded in showing a disposition to make peace with the French, without per- fecting it ; guarding, at the same time, against giving the least umbrage to the English. ■•-■;* m TT4 '^\ M story of Nerv-Yorh H5 Amon«c other measures to detach the Five Nations from the British interest, and raise the depressed spirit of the Canadians, the coimt De Frontenac thought pro- per to send out several parties against the English col- onies. D'Aillebout, De Mantel, and Le Moyne, com- manded that against New- York, consisting of about two hundred French and some Caghnuaga Indians, who, be- ing proselytes from the Mohawks, were perfectly ac- quainted with that country. Their orders were, in gen- eral, to attack New- York ; but pursuing the advice of the Indians, they resolved, instead of Albany, to sur- prise Schenectady, a village seventeen miles northwest from it, and about the same distance from the 3Iohawks. The people of Schenectady, though they .had been in- formed of the designs of the enemy, were in the great- est security ; judging it impracticable for any men to march several hundred miles, in the depth of winter, through the snow, bearing their provisions on their backr-: Besides the village was in as much confusion as the rest of the province ; the officers who were posted there, being unable to preserve a regular watch, or any kind of military order. Such was tlie state of Schenectady, as represented by colonel Schuyler, who was at that time mayor of the city of Albany, and at the head of the convfMition. A copy of his letter to the neighbour- ing colonies, concerning this descent upon Schenecta-* i]y, dlt|d 15th of February, 1689-90, 1 have now lying before me, under his own hand. After two and twenty days march, the enemy fell in with Schenectady, on the 8th of February ; and were reduced to such streiglits, that they had thoughts of sur- rendering themselves prisoners of war. But their scouts, who were a day or two in tlie village entirely unsuspect-. #■ 116 • ^^ History of New-York, ^ ed, returned with such encouraging accounts of the ab- solute security of the people, that tha enemy deter- mined on the attack. They entered on Saturday night about eleven o'clock, at the gates, which were found unshut ; and, that every house might be invested at the same time, divided into small parties of six, or seven men. The inhabitants were in a profound tleep, and unalarmed, till their doors were broke open. Never were people in a more wretched consternation. Before they were risen from their beds, the enemy entered their houses, and began the perpetration of the most in- human barbarities. No tongue, says colonel Schuyler, can express the cruelties that were committed. The whole village was instantly in a blaze. Women with child ripped open, and their infants cast into the iiames, or dashed against the posts of the doors. Sixty persons perished in the massacre, and twenty seven were carri- ed into captivity. The rest fled naked towards Albany, through a deep snow which fell that very night in a ter- rible storm ; and twenty hye of these fugitives, lost their limbs in tlie flight, through the severity of the frost. The news of this dreadful tragedy reached Albany about break of day ; and universal dread seized the in- habitants of that city, the enemy being reported to be one thousand four hundred strong. A party of horse was immediately dispatched to Schenectady, and a few Mohawks, then in the town, fearful of being intelbeptedj were with difficulty sent to apprise their own castles. The Mohawks were unacquainted with this bloody scene, till two days after it happened ; our messengers being scarce able to travel through the great depth of snow. The enemy, in the mean time, pillaged the town of Schenectady till noon the next day ; and then History of New-York. W^ 117 went off with their plunder, and about forty of theii- best horses. The rest, with all the cattle they could find, lay slaughtered in the streets. The design of the French, in this attack, was to alarm the feirs of our Indian allies, by shewing that we were incapable of defending thrm. Every art also was used to conciliate their fricndsliip, for they not only spared those Mohawks who were found in Schenectady, but several other particular persons, in compliment to the Indians, who requested that favour. Several women and children were also released at the desue of captain Glen, to whom the French offered no violence ; the offi- cer declaring he had strict orders against it, on the score of his wife's civilities to certain French captives in the time of colonel Dongan. The Mohawks, considering' the cajoling arts of the French, and that the Caghnuagas who were with them, were once a part of their own body, behaved as well as could be reasonably expected. They joined a party of young men from Albany, fell upon the rear of the ene- my, and either killed or captivated five and twenty. Several sachems, in the mean time, came to Albany, and very affectingly addressed the inhabitants, who were just ready to abandon the country ; urging their stay, and exciting an union of all the English colonies against Canada. Theu* sentiments concerning the French appear from the following speech of condolence. " Brethren, we do not think, that what the French have done can be called a victory : it is only a farther proof of their cruel deceit : the governour of Canada, sent to Onondaga, and talks to us of peace with our whole house ; but war' was in his heart, as you now see by wo- ful experience. He did the same, formerly, at Cadar- 118 History of New-York* m ^ i acqui, and in the Seneca's country. This is the third time he has acted so deceitfully. He has broken open our house, at both ends ; formerly in the Seneca's coun- try, and now here. We hope however to be revenged of them.*' Agreeable to this declaration, the Indians soon after treated the chevalier d'Eau and the rest of the French messengers, who came to conclude the peace proposed by Taweraket, with the utmost' indignity ; and after* wards delivered them up to the English. Besides this, their scouts harrassed the borders of the enemy, and fell upon a party of French and Indians, in the ri- ver, about one hundred and twenty miles above Mon- treal, under the command of Louvigni, a captain, who was going to Missilimakinac, to prevent the corfclusionof the peace between the Utawawas and Quatoghies, with the Five Nations. The loss in this skirmish was nearly equal on both sides. One of our prisoners was deliver- ed to the Utawawas, who ate him. In revenge for this barbarity, the Indians attacked the island of Montreal, at Trembling Point, and killed an officer and twelve men ; while another party carried off about fifteen pri- soners taken at Riviere Puante, whom they afterwards slew, through fear of their pursuers ; and others burnt the French plantations at St. jEurs. But what render- ed this year most remarkable, was the expedition of sir William Phips against Quebec. He sailed up the river with a fleet of thirty-two sail, and came before the city in October. Had he improved his time and strength, the conquest would have been easy ; but by spending three days in idle consultations, tlie French governour brought in his forces, and entertained such a mean opinion of tUe English knight, tliat he not only History of New-York, ij| 119 despised his summons to surrender, but sent a verbal answer, in which he called king William an usurper, and poured the utmost contempt upon his subjects. The messenger, who carried the summons, insisted up- on a written answer, and that within an hour ; but the count de Frontenac absolutely refused it, adding, " I'll answer yoiu* master by the mouth of my cannon, that he may learn that a man of my condition is not to be summoned in this manner." Upon this, sir William made two attempts to land below the town, but was re- pulsed by the enemy, with considerable loss of men, cannon and baggage. Several of the ships also cannon- aded the city, but without any success. The forts at the same time returned the fire, and obliged them to retire in disorder. The French writers, in their ac- counts of this expedition, universally censure the con- duct of sir William, though they confess the valour of his troops. La Hontan, who was then at Quebec, says, he could not have acted in a manner more agreeable to the French, if he had been in their interest.* *l1lfv '* Dr. CoIdcD fiupposes this attack was made upon Quebec, io 1601, but he is certainly mistaken ; see life of sir William Pliips, published at London, 1697...01dmixoii'8 Brit. Empirc.and Charlevoix. Among the causes of the ill success of the fleet, the author of the life of sir William Phips, mentions the neglect of the conjoined troops of New-York, Connecticut, and the Indians, to attack Montreal, accord- ing to the original plan of operations. He tells us, th.it thty marched to the lake, but there found themselves unprovided with baltoes, aud that the Indians were dissuaded from the attempt. By what aulljority these assertions niay be supported, I know not. Charlevoix says our army was disappointed in the intended diversion, by the small pox, which seized the camp, killed three hundred men, and terrified our Jndian allicF. ' ^t m. I, .r, ■fty , V 'i"* -^m it' ^_f/Vr.lt, ^4 HISTORY OF NEW-YORKi PART III. From the Revolution to the second Expedition against Canada* While our alUes were faithfully exerting them- selves against the common enemy, colonel Henry Sloughter, who had a commission to be governour of this province, dated the 4th of January, 1689, arrived here^ and published it on the 19th of March, 1691. Never was a governour more necessary to the province, than at this critical conjuncture ; as well for reconciling a divided people, as for defending them against the wiles of a cunning adversary. But either through the hurry of the king's affairs, or the powerful interest of a favour- ite, a man was sent over, utterly destitute of every qualification for government, licentious in his morals, avaricious, and poor. The council present at his arrival were, Joseph Dudley, Gabriel Mienvielle, Frederick Philipse, Chudley Brook, Stephen Van Courtlandl, Thomas Willet, AVilliam Pinhorne. If Leisler had delivered the garrison to colohet Sloughter, m he ought to have done, upon his first landing, besides extinguishing, in a great degree, the animosities then subsisting, he would, doubtless, have at- tracted the favourable notice, both of the governour 1« *«•• 122 History of Nen-Tork. mi Mi*! f P Vf ■ill -y r ' and the crown. But being a weak man, lie was so in- toxicated with the love of power, that though he had been well informed of Sloughter's appointment to Ihe government, he not only shut hunself up in the fort with Bayard and Nichols, whom he had, before that time, imprisoned, but refused to deliver them up, or to sur- render the garrison. From this moment he lost all cre- dit with the governour, who joined the other party against him. On the second demand of the fort, IMil- borne and De Lanoy came out, under pretence of con- ferring with his excellency, but in reality to discover his designs. Sloughter, who considered them as rebels, threw them both into gaol. Leisler, upon this event, thou'ght proper to abandon the fort, which colonel Sloughter immediately entered. Bayard and Nichols were now released from their confinement, 'and sworn of the privy council. Leisler having thus ruined his cause, was apprehended with many of his adherents, and a commission of oyer and terminer issued to sir Thomas Robinson, colonel Smith, and others, for their trials. In vain did they plead the merit of their zeal forking William, since they had so lately opposed his governoiu". Leisler, in particular, endeavoured to justify his con- duct, insisting that lord Nottingham's letter entitled him to act in the quality of lieutenant governour. Whether it was tlirough ignorance or sycophancy, I know not : but the judges instead of pronouncing their own sentiments upon this part of the prisoner's defence, referred it to th:; governour and council, praying their opinion, whether that letter " or any other letters, or papers, in the packet from Whitehall, can be under- stood, or interpreted, to be and contain, any power, or 4ii'ection to captain Lciblor, to take the jijovcrnment of History of New- York, 123 3 was so 111- this pi'ovince upon himself, or that the admiifistration thereupon be holden good in law." The answer was, as might have been expected, in the negative ; and Leisler and his son were condemned to death for high treason. These violent measures drove many of the inhabitants, who were fearful of being apprehended, into the neigh- bouring colonies which shortly after occasioned the pass- ing an act of general indemnity. From the surrender of the province to the year 1685, the inhabitants were ruled by the duke's governourg and their councils, who, from time to time, made rule^ and orders, which were esteemed to be binding as laws. These, about the year 1674, were regularly collected under alphabetical titles ; and a fair copy of them re- mains, among our records, to this day. They are com- monly known by the name of the duke's laws. The title page of the book, written in the old court hand, is in these bald words, JUS , r.f-.,.4- v.A?V ■ JN'OV^ EBORACEKSIS : ',, ,. ■ ■ ' VEL, ' ' • ' =>'v. County of Suffolk. Henry Pierson, Mathew Howell. Queen's county. John Bound, Nathaniel FercalL iih King's county. Nicholas Still well, ''■' / John Poland. The members for Queen's county, being quakers, were afterwards dismissed, for refusing the oaths direct- ed by the governour's commission ; but all the rest were qualified before two commissioners appointed for that purpose. James Graham was elected their speaker, and ap- proved by the governour, - * The majority of the members of this assembly were gainst the measures which Leisler pursued in the lat- ** All laws made here, antecedent to this period, are disrej^arded both by the legislature and the courts of laAV. In the collection of ou( acts, published in 1 752, the compilers were directed to begin at this aseenibly. The validity of the old grants of the p. -vifs of govern- inent, in seyeral American colonies, is very much doubted in this pro* History of New- York. . 12^ 4er part of his time ; and hence we find the house, after considering a petition, signed by sundry persons, against Leisler, unanimously resolved, that his dissolving the late convention, and imprisoning several persons, was tumultuous, illegal, and against their majesties* right, and that the late depredations on Schenectady were to he attributed to his usurpation of all power. They resolved against the late forcible seizures made of effects of the people, and against the levying of mo- ney on their majesties' subjects. And as to Leisler'g holding the fort against the governour, it was voted to be an act of rebellion. ► » The house having, by these agreeable resolves, pre- pared the way of their access to the governour, ad- dressed him in these words : *\ " May it please your excellency, " We their majesties' most dutiful and loyal subjects, convened, by their majesties' most gracious favour, in general assembly, in this province, do, in all most hum- ble manner, heartily congratulate your excellency, that as, in our hearts, we do abhor and detest all the rebellious, arbitrary, and illegal proceedings of the late usurpers of their majesties' authority over this pro- vince, so we do, from the bottom of our hearts, with all integrity, acknowledge and declare, that there are none, that can or ought to have right to rule and go- vern their majesties' subjects here, but by their majes* ties' authority, which is now placed in your excellency; and therefore we do solemnly declare, that we will, with our lives and fortunes, support and maintain the administration of your excellency's government, under thcu' majesties, against all their majesties' enemies whatsoever : and this we humbly pray your excellency -to accept as the sincere acknowledgment of all their 126 Histori/ of New-York, mm . majesties^ good subjects within tliis their province ; praying for their majesties' long and happy reign over us, and that your excellency may long live and rule, as according to their majesties' most excellent constitution of governing their subjects by a general assembly." Before this house proceeded to pass any acts, they unanimously resolved, " That all the laws consented to by the general assembly, under James duke of York, and the liberties and privileges therein contained, granted to the people, and declared to be their right?, not being observed, nor ratified and approved by liis royal highness, nor the late king, are null and void, and of none effect ; and also, the several ordinances*, made by the late governours and councils, being con- trary to the constitution of England, and the practice of the government of their majesties' oth r plantations in America, are likewise null and void, and of no effect, nor force, within this province." Among the principal laws enacted at this session, we piay mention that for establishing the revenue, wliich was drawn into precedent. The sums raised by it, were made payable into the hands of the receiver genera], and issued by the governour's warrant. By this means Ihe governour became, for a season, independent of the people, and hence we find frequent instances of the as- semblies contending with him for the discharge of debts to private persons, contracted on the faith of tlie go- vernment. , , . .„ Antecedent to the revolution, innumerable were tlie controversies relating to publick townships and private , rights ; and hence, an act was now passetl, for the con- firmation of ancient patents and grants, intended to put «n end to thote debates. A law was also passed for the ^■ History oj New-Yorla 12? establishment of courts of justice, Ihougli a perpetual act had been made to that purpose in 1683, and the old court of assize entirely dissolved in 1684. As this en- acted in 1691, was a temporary law, it ^y hereafter be disputed, as it has been already, whether the present establishment of our courts, for general jurisdiction, by an ordinance, can consist even with the preceding act, or the general rules of law. Upon the erection of the supreme cour* a chief justice, and four assistant judg- es, with an p' lorney general, were appointed. The chief justice, Joseph Dudley, had a salary of 130/. per an- num; Johnson, the second judge, lOOZ. and both were payable out of the revenue ; but William Smith, Ste* phen Van Courtlandt, and William Pinhorne, the other judges, and Newton, the attorney general, had nothing allowed for their services. - It has, more than once, been a subject of animated debate, whether the people, in this colony, have a right to be represented in assembly, or whether it be a pri- vilege enjoyed through the grace of the crown. A me- morable act passed this session, virtually declared in fa- vour of the former opinion, upon that, and several otlier of the principal and distinguishing liberties of English- men. It must, nevertheless, be confessed, that king William was afterwards pleased to repeal that law, in the year 1697.* Colonel Sloughter proposed, immediately after the session, to set out to Albany, but as Leisler's party were enraged at his imprisonment, and the late sentence U'. ^u * It was entitled, " An act declaring what are the rights and privl- Ivges of their maje»tiei' subjects inhabiting within their province ©f New-York," »'l. m History oj New- York, against him, his enemies were afraid new troubles would spring up in the absence of the governour ; for tliis rea- son, both the assembly and council advised that the pri- soners should be immediately executed. Slougbter, who had no inclination to favour them in this request, cliose rather to delay such a violent step, being fearful of cut- ing off two men, who had vigorously appeared for the king, and so signally contributed to the revolution* Nothing could be more disagreeable to their enemies, whose interest was deeply concerned in their destruc- tion. And, therefore, when no other measures could prevail with the governour, tradition informs us, that a sumptuous feast was prepared, to which colonel Slough-* ter was invited. When his excellency's reason was drowned in his cups, the entreaties of the company pre- vailed with him to sign the death wan'ant, and before he recovered his senses, the prisoners were executed. .Leisler's son afterwards carried home a complaint to king William, against the governour. His petition was referred, according to the comr^rm course of plantation affairs, to the lords commissioners of trade, who, after hearing the whole matter, reported on the II th of March, 1692, that they were humbly of opinion, that Jacob Leisler and Jacob Milborne, deceased, were condemned and had suffered according to law." Their lordsliips, however, interceded for their families, as fit objects of mercy, and this induced queen Mary, who approved the report, on the 17th of March, to declare, " that upon the humble application of the relations of the said Jacob Leisler and Jacob Milborne, deceased, her majesty will order the estates of Jacob Leisler and Jacob Milborne, to be restored to their families, as objects of her majes- ty's mercy." The bodies of these unhappy sufferers History of New- 1 JL 129 iir enemies, were afterwards taken up and interret. wilii gr^ I pomp, in the old Dutch church, in the cit of JN< v-York. Their estates were restored to their families, and \a ler's children, in the publick estimation, are rather u ^- nified, than disgraced, by the fall of their ancestor* These distractions in the province so entirely en* grossed the publick attention, that our Indian allies, who had been left solely to contend with the common enemy, grew extremely disaffected. The Mohawks, in particular, highly resented this conduct ; and, at the instance of the Caghnuagas, sent a messenger to Cana- da, to confer with count Frontenac about a peace. To prevent this, colonel Sloughter had an interview at Al- bany, in June, with the other four nations, who express- ed their joy at seeing a governour again in that place^ They told him that their ancestors, as they had been informed, were greatly surprised at the airival of the first ship in that country, and were curious to know what was its huge belly. That they found Christians in it, and one Jacques, with whom they made a chain of friendship, which they had preserved to this day. AH the Indians, except the Mohawks, assured the go- vernour, at this meeting, of their resolution to prosecute the war. The Mohawks confessed their negociations with the French, that they had received a belt from Can- ada> and prayed the advice of the governour, and after- wards renewed their league with all our colonies. Sloughter soon after returned to New- York, and end- ed a short, weak, and turbulent administration, for he died suddenly on the 23d of July, 1691. Some were not without suspicions that he came unfairly to his end, but the certificate of the physician and surgeons who opei^ 17 130 History of New- York. ed his body, by an oi-der of council, confuted iliese coi> jectures, and his remains were interred in Sluyvesant's vault, next to those of the old Dutch governour. At the time of Sloughter's decease, the government devolved, according to the late act for declaring the rights of the people of this province, on the council, in >vhich Joseph Dudley had a right to preside ; but they committed the chief command to Richard Ingolsby, a captain of an independent company, who was sworn in- to the office of president on the 26th of July, 1698. Dudley, soon afterwards, returned to this province, from Boston, but did not think proper to dispute Ingolsby 's authority, though the latter had no title, nor the great- est abilities for government, and was besides obnox- ious to the party who had joined Leisler, having been an agent in the measures which accomplished his ruin. To the late troubles, which were then recent, and the agreement subsisting between the council and assembly, we must ascribe it, that the former tacitly acknowledg- ed Ingolsby's right to the president's chair ; for they concurred with him, in passing several laws, in autumn and the spring following, the validity of which has never yet been disputed. ' - - ^' - '•■ ' This summer major Schuyler,* with a party of Mo- hawks, passed through the lake Champlain, and made a bold irruption upon the French settlements, at the north ■y-l''^'. * The French, from his great influence at Albany, and activity amotij^ the Indians, concluded that he was the governour of that city ; and hence their historians honour him with that title, though he was then only mayor of the corporation. « Pierre Schuj ler, says Charle- Toix, etoit un fort honaete homme.'* History of Netv-York. 131 end of it.* De Callieres, the governour of Montreal, to oppose him, collected a small army, of eight hun- dred men, and encamped at La Prairie. Schuyler had several conflicts with the enemy, and slew about three hunched of them, which exceeded in number his whole pally. The Frencli, ashamed of their ill success, attri- bute it to the want of order, too many desiring to have the command. But the true cause was the ignorance of their officers in the Indian manner of fighting. They kept their men in a body, while ours posted themselves behind trees, hidden from the enemy. Major Schuyler's design, in this descent, was to animate the Indians, and preserve their enmity with the French. They, accord- ingly, continued their hostilities against them, and, by frequent incursions, kept the country in constant alarm. In the midst of these distresses, tlie French governour preserved his sprightliness and vigour, animating every body about him. After he had served himself of the Uta- wawas, who came to trade at Mc^ntreal, he sent them home under the care of a captain and one hundred and ten men ; and to secure their attachment to the French interest, gave them two Indian prisoners, and, besides* sent very considerable presents to the western Indians, ujl their alliance. The captives were afterwards burnt. The Five Nations, in the mean time, grew more and more in- censed, and continually harrassed tlie French borders, ]\Tr. Beaucour, a young gentleman, in the following winter, marched a body of about tlu'ee hundred men to attack theni at th^ istlumis, at Niagara. Incredible were * Dr. Colden relates if as a transaction of the year 1691, which k tnifi . but he supposes it was before sir William Phips' attack upoa Quebec, and thus falls into an anachronism of a whole year, as I have^ already observe^ *.tnl^>.'.^f tm' k l-l m 132 History of Nerv^York, the fatigues they underwent in this long march over the Know, bearing their provisions on their backs. Eighty men, of the Five Nations, opposed the French party and bravely maintained their ground, till most of them were cut off. In return for which, the confederates, in email parties, obstructed the passage of the French through lake Ontario, and the river issuing out of it, and cut off their communication with the western Indians. An Indian called Black Settle, commanded in these in- cursions of the Five Nations, and his successes, which continued the whole summer, so exasperated the count, that he ordered an Indian prisoner to be burnt alive. The bravery of this savage was as extraordinary, as the torments inflicted on him were cruel. He sung his mili- tary achievements without interruption, even while his bloody executioners practised all possible barbarities. They broiled his feet, thrust his fing ers into red hot pipes, cut his joints, and twisted the sinews with bars of iron. After this his scalp was ripped off, and hot sand poured on the wound. In June, 1692, captain Ingolsby met the Five Nationi at Albany, and encouraged them to persevere in the war. The Indians declared their enmity to the French, in the strongest terms, and as heartily professed their friendship to us. " Brother Corlear, said the sachem, we are all subjects of one great king and queen, we have one head, one heart, one interest, and are all engag- ed in tlie same war." The Indians, at the same time, did not forget, at this interview, to condemn the inac- tivity of the English, telling them, tliat tlie destruction of Canada wouJd not make one summer's work, against their united strength, if vigorously exerti^d, ■ Ti ■■"■^ History of New- York. 133 Chudley Brooke, William Nicoll, Thomas Willet, Thomas Johnson. Colonel Benjamin Fletcher arrived, with a commis- sion to be governour, on the 29th of August, 1692, which was published the next day, before the following members, in council : • Frederick Philipse, Stephen Van Courtlandt, Nicholas Bayard, Gabriel Mienvielle, William Pinhorne, one of that board, being a non resi- dent, was refused the oaths ; and Joseph Dudley, for the same reason removed, both from his seat in coun- cil and his office of chief justice. Caleb Heathcote and John Young succeeded them in council : and William Smith was seated, in Dudley's place, on the bench. Colonel Fletcher brought over with him a present to the colony, of arms, ammunition and warlike stores ; ill gratitude for which, he exhorted the council and as- sembly, who were sitting at his arrival, to send home an address of thanks to the king. It consists, principal- ly, of a representation of the great expense the province was continually at to defend the frontiers, and praying his majesty's direction that the neighbouring colonies might be compelled to join their aid for the support of Albany. The following passage in it shows the sense of the legislature upon a matter which has since been very much debated. " When these countries were possessed by the Dutch West-India company, they al- ways had preter.ces (andv-had most part of it within their actual jurisdiction) to all that tract of land (with the islands adjacent) extending, from the west side of Connecticut river, to the lands lying on the west side of Delaware bay, as a suitable portion of land for one cx)lony or government ; nil which, including the lands on fA 1? 1^34 ERstory oj New-YorJc, the west of Delaware bay or river, were in the duke of York's grant, from his majesty king Charles the second, Vhose governours also possessed those lands on the west side of Delaware bay or river. By several grants, as well from the crown, as from the duke, the said pro- vince has been so diminished, that it is now decreased to a very few towns and villages ; the numbw of men fit to bear arms, in the whole government, not amount- ing to three thousand, who are all reduced to great po- verty." -^-f'^^ ' ■ ■• •'■ ' ■■ - - •' Fletcher was by profession a soldier, a man of strong passions, and inconsiderable talents, very active and equally avaricious. Nothing could be more fortunate to him than his early acquaintance with major Schuy- ler, at Albany, at the treaty for confirmation of the Indian alliance, the fall after his arrival. No man, then in this province, understood the state of our aflairs with the Five Nations better than major Schuyler. He had so great an influence over them, that whatever duider,* as they called him, recommended or disap- proved, had the force of a law. Tliis power over them was supported, as it had been obtained, by repeated of- fices of kindness, and his singular bravery and activity in the defence of his country. These qualifications rendered him singularly serviceable and necessary, both to the province and governour. For this reason Fletcher took him into his t;onfidence, and, on the 2bih of October, raised him to the council board. Under the tutelage of major Schuyler, the governour became daily more and more acquainted with our Indian af- faii-s ; his constant application to which procured and 1-^ trl m * Instead of Peter, which they could not prononnce* f^r'^- 'm: History <^ Nerv-Yorh 13.() preseiTed him a reputation and influence in the colony. Without this knowledge, and which was all that he had to distinguish hii :self, his incessant solicitations for mo ney, his passionate temper, and bigotted principles, must necessarily have rendered hun obnoxious to th^ people, and kindled a hot fire of contention in the pix> ?ince. • The old French governour, who found that all hi» measures for accomplishing a peace with the Five Na- tions, proved abortive, was now meditating a blow on the Mohawks. He accordingly collected an army of gix or seven hundred French and Indians, and supplied them with every thing necessary for a winter campaign^ They set out from Montreal, on the 15th of January, 1693 ; and after a march attended with incredible hard- ships, they passed by Schenectady, on the 6th of Fe- bruary, and, that night, captivated five men and some women and children, at the first castle of the Mohawks, The second castle was taken with equal ease, the In* dian inhabitants being in perfect security, and, for the most part, at Schenectady. At the third, the enemy found about forty Indians in a war dance, designing to go out, upon some enterprise, the next day. Upon their entering the castle a conflict ensued, in which the French lost about thirty men. Three hundred of our Indians were made captives in this descent ; and, but for the intercession of the savag<»9 in the French inte^ rest, would all have been put to the sword.*^ * Dr. CoUlen and the jesuU Charlevoix are not perfectly agreed iu the history of this irruption. I linve followed tometimes the former, and at other times the latter; accordinjj as the facts, more imiucdiatojf, itJiatcd to Ui« couUucl of their respective countrymen. 11 136 History of Netv-York. The Indians were enraged, and with good reason, at the people of Schenectady, who gave them no assist- ance against the enemy, though they iiad notice of their marching by that village. But this was atoned for by the succours from Albany. Colonel Schuyler volun- tarily headed a party of two hundred men, and went out against the enemy. On the 15th of February he was joined by near three hundred Indians, ill armed, and many of them boys. A pretended deserter, who came to dissuade the Indians from the pursuit, inform- ed him, the next day, that the French had built a fort, and waited to fight him ; upon which he sent to Ingols- by, the commandant at Albany, as well for a reinforce- ment as for a supply of provisions ; for the greatest part of his men came out with only a few biscuits in their pockets, and at the time they fell in with the en- emy, on the 1 7th of the month, had been several days without any kind of food. Upon approaching the French army, sundry skirmishes ensued ; the enemy endea- vouring to prevent our Indians from felling trees for their protection. Captain Syms, with eighty regulars of the independent companies, and a supply of provisions, arrived on the 19th, but the enemy had marched offthe day before, in a great snow storm. Our party, however, pursued them, and would have attacked their rear, if the Mohawks had not been averse to it. When the French reached the north Inauch of Hudson's river, luckily a cake of ice served them to cross over it, tlie river being open both above and below. The frost was now extremely severe, and the Mohawks fearful of an engagement ; upon wliich Schuyler who had retaken about fifty Indian captives, desisted from the pursuit on the 20th of February ; four of his men and as many In- t . n ^ « I History of New- York i m dians being killed, and twelve wounded. Our Indians, at this time, were so distressed for provisiojis, that they fed upon the dead bodies of the French ; and the ene- my, in their turn, were reduced, before they got home, to eat up their shoes. The French in this enterprise lost eighty men, and had above thirty wounded. Fletcher's extraordinary dispatch up to Albany, up- on the first news of this descent, gained the esteem both of the publick and our Indian allies. ' * *' The express reached New-York on the 12Ui of Fe- bruary, at ten o'clock in the night, and in less than two days, the governour embarked with three hundred vo- lunteers. The river, which was heretofore very uncom- mon at that season, was open.* Fletcher landed at Al- bany, and arrived at Schenectady, the 17th of the month, which is about one hundred and sixty miles from New- York ; but he was still too late to be of any other use than to strengthen the ancient alliance. The Indians, in comm^^ndation of his activity on the occasion, gave him the name of Cayenguirago, or, the great swift ar- row. Fletcher returned to New- York, and, in March, met the assembly, who were so well pleased with liis late vigilance, that besides giving him the thanks of the house> they raised 6000/, for a year's pay of three hundred volunteers, and their officers, for.tlie defence of the fron- tiers. * -• As the greatest part of this province consisted of Dutch inhabitants, all our governours, as well in the • ThccliiTiRte of late years is much altered, and this day, February 14,1756, three hundred recruits sailed from New-York for \\u- army under the command f»f general Shirley, now quitrl( rod at Albany j and lant year, a sleop went Mp the river a month earlier. J 8 s ■ mm, % 138 History af New- York, duke's tiiiie, as after the revolutioni thought it good |)olicy to encourage English preachers and schoolinas- ters in the colony. No man could be more bent upon such a project than Fletcher, a bigot to the episcopal foiin of church government. He, accordingly, recom- mended this matter to the assembly, on his first aiTival, as well as at their present meeting. The house, from their iittachment to the Dutch language, and the model of tlie church of Holland, secured by one of the articles of sur- i^nder, were entirely disinclined to the scheme, which occasioned a warm rebuke from the governour, in his speech at the close of the session, in these words : " gen- tlemen, the first thing that I did recommend to you, at our last meeting, was to provide for a ministry, and nothing is done in it. There are none of you, but what are big with the privileges of EInglishmen and magna charta, which is your right ; and the same law doth pro- vide for the religion of the church of England, against sabbath breaking and all other profanity. But as you have made it last, and postponed it this session, I hope you will begin with it the next meeting, and do some- what toward it effectually.*' ' The news of the arrival of the recruits and ammuni- tion at Canada, the late loss of the Mohawks, and the unfulfilled promises of assistance, *made from time to time, by the English, k)gether with the incessant soli- citations of Milet, the Jesuit, all conspired to induce the Oneydoes to sue for a peace with the Frendu To pre- vent so important an event, Fletcher met the Five Na- tions at Albany, in July, 1693, with a considerable pre- sent of knives, hatchets, clothing, and anununition, which had been sent over, by the crown, for tliat purpose. The Indians consented to a renewal of the ancient ,■■...;'■•>••■(•■ ', -1. ^^?»- V ^ -.i". History rf Nenh York, }39 league, and expressed their giatilude, for the king's dona- tion, with singujar force. " Brother Cayenguirago, we roll and wallow in joy, by reason of the great favour the great king and queen have done us, in sending us arms and ammunition at a time when we are in the greatest need of them ; and because there is such unity among the brethren." ColoneJ Fletcher pressed their delivering up to him Milet, the old priest, which they promised, but never performed. On the contrary, he had influence enough to persuade all, but the Mohawks, to treat about the peace at Onondaga, though the go- vernour exerted himself to prevent it. Soon after this interview, Fletcher returned to Newr York ; and, in September, met a new assembly, of which James Graham was chosen speaker. The gover- nour laboured, at this session, to procure the establish- ment of a ministry throughout the colony, a revenue to his majesty for life, the repairing the fort in New- York, and the election of a chapel. That part of his speech, relating to the ministry, was in these words : " I recom- mended, to the former assembly, the settling of an able ministry, that the worship of God may be observed among us, for I find that great and first duty very much neglected. Let us not forget that thei-e is a God that made us, who will protect us if we serve him. This h£|s been always the fii*st thing I have recommended, yet the last in your consideration. I hope you are all satisfied of the great necessity and duty that lies upon you to do this, as you expect his blessing upon your labours.** The zeal with which this affair was recommended, induc- ed the house, on the 12th of September, t-o appoint a committee of eight members, to agree upon a scheme for settling a ministry, in each respective precinct. t u» History of New- York, throughout the province. This committee made a re^ port the next day, but it was recommitted till the af- ternoon, and then deferred to the next morning. Se^ veml debates arising about the report, in the house, it was again " recommitted for farther consideration." On the 15th of September it was approved, the establish- ment being then limited to several parishes in four coun- ties, and a bill ordered to be brought in accordingly ; which the speaker (who, on the 18th of September, was appointed to draw all their bills,) produced on the 1 9th, It was read twice on the same day, and then referred to a committee of the whole house. The third reading was on the 21st of September, when the bill passed, and was sent up to the govemour and council, who imme- diately returned it with an amendment, to vest his ex- cellency with an episcopal power of inducting every incumbent, adding to that part of the bill near the end, which gave the right of presentation to the people, these words, ** and presented to the govemour, to be ap- proved and collated." The house declined their con- sent to the addition, and immediately returned the bill, praying, " that it may pass without the amendment, having, in the drawing of the bill, had a due regard to that pious intent of settling a ministry, for the benefit of the people." Fletcher was so exasperated with their refusal, that he no sooner received the answer of the house, than he convened them before him, and in an an- gry speech broke up the session. I shall lay that part of it, relating to this bill, before the reader, because it is pjiaracteristick of the man, ** Gentlemen, ** There is also a bill for settling a ministry in this pity, and some other countries of the government, In ■I ^ •iff I History of New- York, 141 that very thing you have shown a great deal of stiff- ness. You take upon you as if you were dictators. I sent down to you an amendment of three or four words in that bill, which, though very immaterial, yet was positively denied. I must tell you it seems very un- mannerly. There never was an amendment yet desir- ed by the council board, but what was rejected. It is the sign of a stubborn ill temper, and this have also passed. " But, gentlemen, I must take leave to tell you, if you seem to understand by these words that none can ser^^e without your collation or establishment, you are far mistaken. For I have the power of collating* or suspending any minister in my government, by their majesties' letters patent ; and whilst I stay in the government I will take care that neither heresy, sedition, schism, or rebellion, be preached among you, nor vice and profanity encouraged. It is my endea- vour to lead a virtuous and pious life among you, and to give a good example : I wish you all to do the same. You ought to consider that you have but a third share in the legislative power of the government ; and ought not to take all upon you, nor be so peremptory. You ought to let the council have a share. I'hey are in the na- ture of the house of lords, or upper house ; but you seem to take the whole power in your hands, and set up for every thing. You have set a long time, to little pur- pose, and have been a great charge to the country. Ten shillings a day is a large allowance, and you punc- tually exact it. You have been always forward enough to pull down the fees of other ministers in the govern- ment. Why did you not think it expedient to correct ^our own, to a more moderate allowance ? , • U2 flistory rf New- York, '* Gentlemen, I shall say no more, at present, but that you do withdraw to your private atfairs in the country. I do prorogue you to the tenth of Janu- ary next, and you are hereby prorogued to the tenth 4ay of January next ensuing." .,» . i' The violence of this man*s temper is very evident in 9)1 his speeches and messages to the assembly ; and it can only be attributed to the ignorance of the times that the members of tliat house, instead of asserting their equality, peaceably put up with his rudeness. Certainly they deserved better usage at his hands. For the revenue, established the last year, was, at this ses- sion, continued for five years longer than was original- ly intended. This was rendering the governour, for a time, independent of the people. For at that day, the assembly had no treasure ; but the amount of all taxes went, of course, into the hands of the receiver general, who was appointed by the crown. Out of this fund monies were only issuable by the governour*s warrant ; so that every officer in the government, from Mr. Blaithwait, who drew annually five per cent, out of the revenue, as auditor general, down to the meanest ser- vant of the publick, became dependent, solely, of the governour. And hence we find the house, at the closf; of every session, humbly addressing his excellency for the trifling wages of their own clerk. Fletcher was, notwithstanding, so much displeased with them, that, soon after the prorogation, he dissolved the assembly. The members of the new assembly met, according to the writ of summons, in March, 1694, and chose colo- nel Peirson for their speaker, Mr. Grahe»m being left out at the election for the city. The shortness of ihU session, which continued only to the latter end of the m ■' History of Nav-York* month, was owing to the disagreeable business th6 house liegan upon, of examining tlie state of the pub- lick accounts, and, in particular, the muster rolls of the volunteers in the pay of the province. Theyj how- ever, resumed it again in September, and formally en- tered their dissatisfaction with tlie receiver general's accounts. Tlie governour, at the same time, blew up the coals of contention, by a demand of additional pay for the king's soldiers, then just arrived, and new supplies for detachments in defence of the frontiers. He at last prorogued them, after obtaining an act for supporting one hundred men upon the borders. The same disputes revived again in the spring, 1695 ; and proceeded to such lengths, tliat the assembly asked the governour's leave to print their minutes, that they might appeal to the publick. It was at this session, on the 12th of April, 1695, that, upon a petition of five church wardens and vestrymen of tlie city of New- York, the house declared it to be their opinion, " that the vestrymen and church wardens have power to call a dissenting protestant min" ister, and that he is to be paid and maintained as the act directs." The intent of this petition was to refute an opinion, which prevailed, that the late ministry act wa.s made for the sole benefit of episcopal clergymen. The quiet, undisturbed state of tlie frontiers, while the French were endeavouring to make a peace with the Five Nations, and the complaints of many of th« volunteers, who had not received their pay, very much conduced to the backwardness of the assembly, in an- swering Fletcher's perpetual demands of money. But when the Indians refused to comply with the terms of peace demanded by the French governour, which were to suffer him to rebuild the fort at Cadaraqui, and to in- i % ,.,.;J| 144 Histiyry of Neiv-york, elude the Indian allies, the war broke out afresh, an<( the assembly were obliged to augment both their de- tachments and supplies. The count Frontenac now levelled his wrath principally against the Mohawks, who were more attached, than any other of the Five IS ations, to our interest : but as his intentions had taken air, he prudently changed his measures, and sent a party of three hundred men to the ihtlimus of Niasjara, to sur- prise those of the Five Nations that might be hunting there. Among a few that were met with, some were killed, and others taken prisoners, and afterwards burnt at Montreal. Our Indians imitated the count's exam- ple, and burnt ten DewaguHga captives. . ,, ^ ,^y> Colonel Fletcher and his assembly having come to an open rupture in the spring, he called another in June, of which James Graham was chosen speaker. The count Frontenac was then repairing the old foil at Ca- daraqui ; and the intelligence of this, and the king's assignment of the quotas of the several colonies, for an united force*" against the French, were the principal matters which the governour laid before the assembly. The list of the quota was this : . , ,;; i , ^ ;-*r-i. * As such an union appeared to be necessaiy so long ago, it is very surprising that no effectual scheme for that purpose lias hitherto been carried into full execution. A plan was concerted, in the great con* gress consisting of commissioners from several colonies, met at Albany, in 1 754 ; but what approbation 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 state and character of the colonies. None of his majesty's subjects are more loj- al, or more strongly attached to protestant principles ; and the remark-' able attestation, in the elegant address of the lords of the 13th of No- vember, 1 755, in our favour, " That we are a great body of brave and faithful subjects," is as justly due to us, as it was nobly said by them. ^ History of Nem-York. 145 Pennsylvania, 80/. Rhode Island and Provi- Massachuselts' Bay, 350 dence Plantations, 4J3/* Maryland, 160 Connectieiit, 120 Virginia, 240 New- York, 200 As a number of forces were now arrived, the asse^^ bly were in hopes the province would be relieved from raising any more men for the defence of the frontiers ; and, to obtain tliis favour of tlie governour, ordered ]000/. to be levied, one half to be presented to him, and the rest he had leave to distribute among the Eng- lish officers and soldiers. A bill for this purpose was drawn ; but though his excellency thanked them for their favourable intention, he tiiouglit it not for his ho- nour to consent to it. After passing several laws, the session broke up in perfect harmony, the governour, in his great grace, recommending it to the house to ap- point a committee to examine the publick accounts against the next session. In September, Fletcher went up to Albany with ve^ « ry considerable presents to the Indians ; whom he blamed for suffering the French to rebuild the fort at Cadaraqui, or Frontenac, which commands the entrance from Canada into the great lake Ontario. While these works were carrying on, the Diononda- dies, who were then poorly supplied by tlie French, made overtures of a peace with the Five Nations, which the latter readily embraced, because it was owing to their fears of th^ fndians, who lived near the lake Missilimachinac, that they never dared to march with their whole strength against Canada. The Frencli com- mandani was fully sensible of the unportance of pre- venting this alliance. 'Re civilities of the Dionondadieg to the prisoneiB, by whom the treaty, to prevent a dis- 19 i § 11 i Ml ■1 ^ Sp'ii I Hi lii J46 History of New- York, covery, was negociated, gave the officer the first suspi- cion of it. One of these wretches had the unhappiness to fall into the hands of the French, who put him to the most exquisite torments, that all future intercourse with the Dionondadies might be cut off. Br. Colden, in just resentment for this inhuman barbarity, has published the whole process from La Potherie's history of JSorth America, and it is this : " The prisoner being first made fast to a stake, so as to have room to move round it ; a Frenchman began the horrid tragedy, by broiling the flesh of the prisoner's legs, from his toes to his knees, with the red hot barrel of a gun. His example was followed by an Utawawa, who, being desirous to outdo the French in their refin- ed cruelty, split a furrow from the prisoner's shoulder to his garter, and, filling it with gunpowder, set fire to it. This gave him exquisite pain, and raised excessive laughter in his tormentors. Wiien they found his throat so much parclied that he was no longer able to gratify their ears with his howling, they gave him water, to enable him to continue their pleasure longer. But at last his strength failing, an Utawawa fleaed off his scalp, and threw burning hot coals on his scull. Then tliev untied him, and bid him run for his life. Hv began to run, tumbling like a drunken man. They shut up the way to the east, and made him run westward, the coun- try, as they think, of departed miserable souls, lie had still force left to throw stones, till thev put an tnd to his misery by knocking him on tlie heac* After this every one cut a slice from his body, to conclude the tragedy with a feast." i From the time colonel Fletcher received his instruc- tion respecting the quotas of these colonies, for the de- fence of the frontiers, he repeatedly, but in vain, urged f History of New- York, 147 their compliance with the king's direction : he then canied his complaints against them home to his majes- ty, but all his applications were defeated by the agents of those colonies, who resided in England. As soon, therefore, as he had laid this matter before the assem- bly, in autumn, 1695, the house appointed William Ni- coll, to go home in the quality of an agent for this pro- vince, for which they allowed him 1000/. But his so- licitations proved unsuccessful, and the instruction, re- lating to these quotas, which is still continued, remains unnoticed to this day. Fletcher maintained a good cor- respondence with the assembly, through the rest of his administration ; and nothing appears, upon their jour- nals, worth the reader's attention. The French never had a governour, in Canada, so vigilant and active as the count De Frontenac. He had no sooner repaired the old fort, called by his name, than he formed a design of invading the country of the Five Nations with a great army. For this purpose, in 1696, he convened, at Montreal, all the regulars, as well as militia, under his command ; tlie Owenagungas, Quatog- hies of Loretto, Adiiondacks, Sokakies, JNipiciriniens, the proselyted praying Indians of the Five JVations, and a few Utawawas. Instead of waggons and horses, which are useless in such a country, as he had to march through, the army was conveyed, through rivers and lakes, in light barks, whi( h are portable, whenever the rapidity of the stJMmi and the crossing an isthmus ren- drrecl it necessaiP The count left la Chine, at the south end of the Island of IVlontreal, on the 7tl; of .Tu- ly. Two battalions of rcguLirs, under the command of Le Chevalier de Callieres headed by a number of In- dians, led the van, with two small pieces of cannon, the tnoilars, grenadocs, and ammunition. After them fol- ^ i't 148 History of NenhYork^ lowed Ihe provisions ; then the main body, with the count's household, a considerable number of volunteers, and the engineer ; and four battalions of the militia, commanded by monsieur De Hamezai, governour of Trois Rivieres. Two battalions of regulars and a few Indians, under the chevalier De Vaudrueil, brought up the rear. Be- fore the army went a parcel of scouts, to descry the tracts and ambuscades of the enemy. After twelve days march, they arrived at Cadaraqui, about one hundred and eighty miles from Montreal, and then crossed the lal^e to Oswego, Fifty men marched on each side of the Onondaga river, which is narrow and rapid. When they entered the little lake,* the army divided into two parts, coasting along the edges, that the enemy niight be un- certain as to the place of their landing, and where they did land, they erected a fort. The Onondagas had sent away their wives and children, and were determined to defend their castle, till they were informed by a deser- ter of the superiour strength of the French, and the na- ture of bombs, which were intended to be used against them, and then, after setting fire to their village, they retired into the woods. As soon as the count heard of this, he marched to their huts in order of battle ; being hhnself carried in an elbow chair, lehind the artillery. With this mighty apparatus he entered it, and tlie de- struction of a little Indian corn was thegreat acquisition. A brave sacliem, then about u hunflU years old, wag ^ The Onondaga lake, noted for a ftood ealt pit at the southfaet end ; which, as it may be very advantageous (o tlie garrison at Oswe. fo, it is hoped tlic goverumeut will oevcr graat to aiy private com* lei History of New- York, 149 the only person, who tarried in the castle to salute the old general. The French Indians put him to tornient, whicli he endured with astonishing presence of mind. To one who stabbed him with a knife, " you had better, says he, make me die by fire, that these French dogs may learn how to suffer like men : you Indians, their allies, you dogs of dogs, tliink of me when you are in the I'ke condition."* This sachem was the only man, of all the Onondagas, that was killed ; and had not thirty-five Oneydoes, who waited to receive Vaudrueil at theu* castles, been afterwards basely carried into captivity, the count would have returned without the least mark of triumph. As soon as he began his retreat, tlie Onon- dagas followed, and annoyed his army by cutting off several battoes. - . This ex[)ensive enterprise, and the continual incur- sions of the Five Nations, on the country near Montre- •?, again spread a famine through all Canada. The count, however, kept up his spirits to the last ; and sent out scalping parties, who infested Albany, as our In- dians did Montreal, till the treaty of peace, signed at Ryswick, in 1697. Richard, earl of Bellamont, was appointed to succeed colonel Fletclier, in the year 1695, but did not receive his commission till tlie 18th of .Tune, 1697 ; and as he delayed his voyage till after the peace of Ryswick, which was signed the 10th of September following, lie was blown off our coast to Barbadoes, and did not arrive here before the 2d of April, 1698. t^ * " Never, perhaps, says Charlevoix, una a man treated with more cruelty, nor did auy over bear it with etiperionr magnanimity tmd rc< Bolution.*' 150 History of New-York, During the late war, the seas were extremely infested with English pirates, some of whom sailed out of JNew- York ; and it was strongly suspected that they had re- ceived too much countenance here, even from the go- vernment, during Fletcher's administration. His lord-' ship's promotion to the chief command of the Massachu- setts' bay and New-Hampshire, as well as this province, was owing partly to his rank, but principally to the af- fair of the pirates ; and the multiplicity of business, to which the charge of three colonies would necessarily ex- pose him, induced the earl to bring over with him John Nanfan, his kinsman, in the quality of our lieutenant governour.* When lord Bellamont was appointed to the government of these provinces, the king did him the honour to say, " that he thought him a man of resolu- tion and integrity, and with these qualities more likely than any other he could think of, to put a stop to the growth of piracy." • , v - ?>; Before the earl set out for America, he became ac- quainted with Robert Livingston, esq ;t who was then in England, soliciting his own affairs before the council and the treasury, The earl took occasion, in one of his ^M * His commission was dated tlie 1st of July, 1607. f This geotlcmaa was a son of Mr. Joiin Livingston, one of the com- missioners from Scotland to king Charles II. while he was nn exile at Breda. He was a clergyman distinguished by his zeal and industry'; and, for his opposition to episcopacy, became so obnoxious, after the re- storation, to the English court, that he left Scotland, and took the pas- toral charge of an English presbyterian church in Rotterdam. His descendants are very numerous in this province, and the family in the first rank for their wealth, morals, and education. The original diary, in the hand writing of their commoa ancestor, is still among tbcro, and contains a history of his life. I \ #- History oj New- York. 151 eonferences with Mr. Livingston, to mention the scan- dal the province was under on account of the pirates. The latter, who confessed it was not without reason, brought the earl acquainted with one Kid, whom he re- commended as a man of integrity and courage, that knew the pirates and their rendezvous, and would un- dertake to appreliend tliem, if tiie king would employ him in a good sailing frigate of thirty guns and one hun- dred and fifty men. The earl laid the proposal before the king, who consulted the admiralty upon that subject ; but this project dropped, through the uncertainty of the adventure, and the French war, which gave full employ- ment to all the ships in the navy. Mr. Livingston then proposed a private adventure against the pirates, offer- ing to be concerned with Kid, a fifth pail in the ship and charges, and to be bound for Kid*s faithful execu- tion of the commission. The king then approved of the design, and reserved a tenth share, to show that he "Was concerned in the enterprise. Lord chancellor So- mers, the duke of Shrewsbury, the earls of Romney and Oxford, sir Edmond Harrison and others, joined in the scheme, agreeing to the expense of 6000/. But the management of the whole affair was left to lord Bella- mont, who gave orders to Kid to pursue his commis- sion, which was in common form. Kid sailed from Plymouth for New-York, in April, 169G; and after- wards turned pirate, burnt his ship, and came to Boston, where the earl apprehended him. His lordship wrote to the secretary of state, desiring that Kid might be sent for. The Rochester man of war was dispatched upon this service ; but being driven back, a general suspicion prevailed in England, that all ^as collusion between the ministry and the adventurers, who, it was *»• '■^ 152 History oj New-Yark, I m w p-^^ $''>' thought, were unwilling Kid should be brought home, lest he might discover that the chancellor, the duke, and others, were confederates in the piracy. The matter even proceeded to such lengths, that a motion was made, in the house of commons, that all who were concerned in the adventure might be turned out of their employments ; but it was rejected by a great majority. The tory paily, who excited these clamours, though they lost their motion in the house, afterwards hnpeach- ed several whig lords ; and, among other ai titles, charg- ed them with being concerned in Kid's piracy. Eut these prosecutions served only to brighten the innocen- cy of those against whom they were brought ; for the impeached lords were honourably acquitted by their peers. " - r -' ^ ■' . . r_- ,,..: .,.,. Lord Bellamont's commission was published in coun- cil on the day of his arrival ; colonel Fletcher^ who still remained governour under the proprietors of Penn- sylvania, and lieutenant governour Nanfan, being pre* sent. The members of the council were, Frederick Philipse, William Nicoll, .; Stephen Van Cortlandt, Thomas Willet, Nicholas Bayard, Gabriel Mienville, William Smith, After the earl had dispatched captain .Tohn Schuyler, and Dellius, the Dutch minister of Albany, to Canada, with the account of the peace, and to solicit a mutual exchange of prisoners ; he laid before the council the lettei-s from secretary Vernon and tlie E - Mr. Nanfan, in his speech to the house, informs them of the memorable grant made to. the crown, on the 19th of July, by the Five Nations, of a vast tract of land, to prevent the necessity of their yubmilting isj the French in case of a war ; that liis majesty had given out of hit) exchequer two thousand five huiuhed pounds sterling for forts, and eight hundred pounds to be laid out in presents to the Indians ; and that he had also settled a salary of thn^e hundred pounds on a chief justice, and one hundred and fifty pounds on tlie attorney general, who were both now arrived here. The fne of contention, which had lately appeared in Ihe tumultuous elections, bla/ed nut afresh in the house. Nicoll, the late counsellor^ got hunself elected for Suf- Kf Hislori/ of New- York. 163 folk, and was in hopes of being seated in the chair : but Abraham Governeur was chosen speaker. Several ineinljers contended that he, being an alien, was un- qualifird for that station. To this it was answered, that U( was in the province in the year 1683, at the time of passing an act to naturalize all the free inhabi- tants^ professing the Christian religion ; and that, for this reason, the same objection against him had been overruled at the last assembly. In return for this at- tack, Governeur disputed NicolFs right of sitting as a member of that house ; and succeeded in a resolve that he and Mr. Wessels, who had been returned for Alba- ny, were both unqualified according to the laie act, they being neither of them residents in the respective counties for which they were chosen. This occasioned an imprudent secession of seven members, who had joined tiie interest of Mr. Nicoll ; which gave their ad- versaries an opportunity to exi^el them, and introduce others in their stead. Among the first opposers of captain Leisler, none was more considerable than Mr. Livingston. The measures of the convention at Albany were very much directed by his advice ; and he was y "uliarly obnoxious to his adversaries, because he was a r. mi of sense and resolu- tion, two qualifications raiely to be foimd united in one person at that day. Mr. Livingstones intimacy with the late earl, hfid, till this time, been his defence against the rage of the party which he had formerly op- posed : but as that lord was now dead, and Mr. Living- ston's comhict in council, in favoui n colonel Sinith, had given fresh provocation to Ijis enjinics, they were fully l)ent upon his f lest ruction. It was in execution of this scheme^ that, as soon as the disputed elections were 164 History of New- York, 'it,* ■I over, the house proceeded to examine the state of the • publick accounts, which they partly began at the late assenibly. •The pretence was that he refused to account for the publick monies, he had formerly received out of the excise ; upon which a committee of both houses ad- vised the passing a bill to confiscate his estate, unless he agreed to account by a certain day. But instead of this an act was afterwards passed to oblige him to ac- count for a sum amounting to near eighteen thousand pounds. While this matter was transactmg, a new com- plaint was forged, and he was summonea before another committee of both houses, relating to his procuring the Five Wations to signify their desire that he should be sent home to solicit tlieir affairs. The criminality of this charge can be seen only through the partial optici with which his enemies then scanned his behaviour. Besides, there was no evidence to support it, and, there- fore, the committee required him to purge himself by his own oath. Mr. Livingston, who was better acquaint- ed with English law and liberty, than to countenance a practice so odious, rejected tlie insolent demand with disdain ; upon which the house, by advice of the com- mittee, addressed the lieutenant governour, to pray his majesty to remove him from his office of secretary of Indian affairs, and that the governour, in tlie mean time, • aid suspend him from the exercise of his com- mission.* It was at this favourable conjuncture that Jacob Leis- ler's petition to the king, and his majesty's letter to the * Mr. Liviugston's reason for not nccounting vas truly unanswera- ble ; his bonks and vouchers were taken into the hands of government, and detained from him. History of New-York. 160 late earl of Bellamont, were laid before the assembly. Leisler, displeased with the report of the lords of trade, that his father and his brother, Milborne, had suffered ac- cording to law, laid his case before the parliament, and obtained an act to reverse the attainder. After which, he applied to the king, complaining that his father had disbursed about four thousand pounds in purchasing arms, and forwarding the revolution ; in consequence of which he procured the following letter to lord Bella- mont, daitet at Whitehall, the 6th of February, m|. " My Lord, ^ " The king being moved upon the petition of Mi*. Jacob Leisler, and having a gracious sense of his father's ser- vices and sufferings, and the ill circumstances the peti- tioner is tliereby reduced to, his majesty is pleased to direct that the same be transmitted to your lordship, and that you recommend his case to the general assem- bly of New- York, being the only place where he can be relieved, and the prayer of his petition complied with. I am, »"" My lord, your lordship's " Most obedient humble servant, " Jersey." As soon as this letter and the petition were brought into the house, a thousand pounds wire ordered to be levied for the benefit of Mr. Ijcisler, as well as several sums for other persons, by a bill fo" p«nying the debts of the government; which, nevertheloj?s, did not pass into a law till the next sessions. Every thing that was done al this meeting of the assembly, which conlinued till the UUh of October, was under the influence of a party spirit ; and nothing can be a fuller evidence of it, than an in- correct, impertinent address to his majest} , which was m im History of New-York, epi drawn up by the house, at the close of the session, and signed by fourteen of the members. It contains a te- dious narrative of their proceedings, relating to the dis- puted elections, and concludes with a little incense, to resjale some of the then principal agents in the publick affairs, in these words : " This necessary account of ourselves and our un- happy divisions, which we hope the moderation of our lieutenant governour, the wisdom and prutlence of "William At wood, esq. our chief justice, and Thomas Weaver, esq. your majesty's collector and receiver ge- neral, might have healed, we lay before your mpjesty, with all humilhy, and deep sense of your majesty's goodness to us, lately expressed in sending over so ex- cellent a pei*son to be our chief justice." The news of the king's having appointed lord Corn- bury to succeed the earl of Bellamont, so strongly ani- mated the hopes of the Anti Leislerian party, that about the commencement of the year 1702, JSicholas Bayard promoted several addresses to the king, tlie parliament, and lord Cornbury, which were subscribed at a tavern kept by one Hutchins, an alderman of tlie city of JNew- York. In that to his majesty, they assure hhn, "that the late differences were not grounded on a regard to liis interest, but the coiTupt designs of those who laid hold on an opportunity to enrich theniselves by the spoils of their neighbours.*' The petition to the parliament says, that Leisler and his adherents gained the fort at the revo- lution without any opposition ; that he oppressed and imprisoned the people without cause, plundei-ed them of their goods, and compelled them to flee their country, though they were well affected to the prince of Orange. That the earl of Bellamont appointed indigent sheriflic, History of New-York, 167 who returned such members to the assembly as were unduly elected, and in his lordship's esteem. That he suspended many from the board of council, who were faitliful servants to the crown, introducing his own tools in their stead. Nay, they denied the authority of the late assembly, and added, that the house had bribed both the lieutenant governour and the chief justice ; the one to pass their bills, and the other to defend the le- gality of their proceedings. A third address was pre- pared, to be presented to lord Cornbury, to congra- tulate his arrival, as well to prepossess him in their favour, as to prejudice him against the opposite party. Nothing could have a more natural tendency to ex- cite tlie wrath of the lieutenant governour, and the re- venge of the council and assembly, than the reflections contained in those several addresses. Nanfan had no sooner received intelligence of them, than he smnmon- ed Hutchins to deliver them up to him, and, upon hia refusal, committed him to jail on the 19th of January. The next day Nicholas Bayard, Rip Van Dam, Philip French, and Thomas Wenham, hot with party zeal, sent an imprudent address to the lieutenant governour, boldly justifying the legality of the address, and de- manding his discharge out of custody. I have before taken notice, that upon Sloughter's arrival in 1691, an act was passed to recognize the right of king William and queen Mary to the sovereignty of this province. At the end of that law a clause was added in these words, " That whatsoever person or persons shall by any manner of ways, or upon any pretence whatso- ever, endeavour, by force of arms, or otherwise, to disturb the peace, good, and quiet of their majesties' government, as it is now established, shall be deemed -"il-.Hj ''I 168 FEstory of Nen-Yorh and esteemed as rebels and traitors unto tlieir majesties, and incur tiie pains, penalties, and forfeitures, as the laws of England have for such olfences made and pro- vided." Under the pretext of this law, wiiich Bayard himself had been personally concerned in enacting, Mr. Nanfan issued a warrant for committing him to jiiil as a traitor, on the 21 st of January ; and, lest the mob should interpose, a company of soldiers, for a week af- ter, constantly guarded the prison. Through the uncertainty of the time of lord Cornbu- ry's arrival, Mr. Nanfan chose to bring the prisoner to his trial as soon as possible ; and for that purpose issu- ed a commission of oyer and terminer, on the 12th of February, to William Atwood, the chief justice, and Abraham de Peyster and Robert Walters, who were the puisne judges of the supreme court ; and, not long after, Bayard was arraigned, indicted, tried and con- victed of high treason. Several reasons were afterwardg offered in arrest of judgment ; but as the prisoner was unfortunately in the hands of an enraged party, Atwood overruled what was oflered, and condemned him to death on the 16th of March. As the process of his trial has been long since printed in tlie state trials at large, I leave the reader to his own remarks upon the conduct of the judges, who are generally accused of partiality. Bayard a[>plied to Mr. Nanfan for a reprieve, till his majesty's pleasure might be known ; and obtained it, not without great difficulty, nor till after a seeming confession of guilt was extolled. Hutchins, who was also convicted, was bailed upon the payment of forty pieces of eight to the sheriif : but Bayard, who refused to procure him the gift of a farm, of about fifteen hun- dred pounds value, was not released from his confine- ■a ^■\ Hxstory of New- York, 169 lYient till after the arrival of lord Combury, who not only gave his consent to an act for reversing the late at- tainders, but procured the queen's confirmation of it, upon their giving security, according to the advice of sir Edward Northey, not to bring any suits against those who were concerned in their prosecution ; which the attorney general thought proper, as the act ordain- ed all the proceedings to be obliterated* After these trials, Nanfan erected a court of exche- quer, and again convened the assembly, who thanked him for his late measures, and passed an act to outlaw Philip French and Thomas Wenham, wlio absconded upon Bayard's commitment ; anotlier to augment the number of representatives, and several others, which were, all but one, afterwards repealed by queen Anne. During this session* lord Cornbury being daily expect- ed, the lieutenant gov ernour suspended Mr. Livingston from his seat in council, and thus continued to abet Leisler's party to the end of his administration* Lord Cornbury's arrival quite opened a new scene. His father, the earl of Clarendon, adhered to the cause of the late abdicated king, and always refused the oaths both to king William and queen Anne. But the son recommended himself, at the revolution, by appearing very early for the prince of Orange, being one of the first officers that deserted king James' army. King William, in gratitude for his services, gave him a com- mission for this government, which, upon the death of the king, was renewed by queen Anne, who, at the same time, appointed him to the chief command of New-Jersey, the government of which the proprietoni had lately surrendered into her hands. As lord Com- bury came to this province in very indigent circum- 3takicei£| huQied out of England by a host of hungry credi; 22 -%: 'ail p;'a '?;!; "0 \.- Waiiam Smith, Peter Schuyler, Ab'm de Peyster, Samuel Staats, Robert Walters. J170 History oj New- York* torsrhe was bent upon getting as much money as he could squeeze out of the purses of an impoveribhed people. His talents were, perhaps, not superior to the most inconsiderable of his predecessors ; but in hi« zeal for the church he was sui-passed by none. With these bright qualifications he began his administration, on the 3d of May, 1702, assisted by a council consist- ing of the following members : William Atwood, Thomas Weaver, Sampson Shelton Broughton, Wolfgang William Romar, William Lawrence, Gerardus Beekman, Rip Van Dam. His lordship, without the least disguise, espousing tlie Anti Leislerian faction, Atwood, the chief justice, and Weaver, who acted in quality of solicitor general, thought proper to retire from his frowns to Virginia, whence they sailed to England : the former concealing himself under the name of Jones, while the latter call- ed himself Jackson. Colonel Heathcote and doctor Bridges succeeded in their places at the council board. The following summer was remarkable for an uncom- mon mortality, which prevailed in the city of New- York, and makes a grand epoch among our inhabitants, distinguished by the " time of the great sickness."* On this occasion lord Cornbui^ had his residence and court at Jamaica, a pleasent village on Long Island, distant about twelve miles from tlie city. ^. ■<■? .iK>'. * The fever killed almost every patient seized with it, and was brought here in a vessel from St. I'hoiuas, iu the Wcbt Indies, an i&laod ce«M|kable for CQUtagious diseases. .4 -ui A't^ History of New-York, 171 The inhabitants of Jamaica consisted, at that time, partly of ori2:inal Dutch planters, but mostly of ISew- Erigland emigrants, encouraged to settle there, after the surrender, by the duke of York's conditions for plantations, one of which was in these words : " that eve- ry township should be obliged to pay their own minis- ters, according to such agreements as they should make with him ; the minister being elected by the major part of the householders and inhabitants of the town.*' These people had erected an edifice for the worship of God, and enjoyed a handsome donation of a parsonage house and glebe, for the use of their minister. After the min- islry act was passed, by colonel Fletcher, in 1693, a few e[)iscopalians crept into the town, and viewed the pres- byterian church with a jealous eye. The town vote, in virtue of which the building had l>een erected, contain- ed no clause to prevent its being hereafter engrossed by any other sect. The episcopal party, who knew this, formed a design of seizing the edifice for them- selves, which they shortly after carried into execution, by entering the church between the morning and eve- ning service, while the presbyterian minister and his congregation were in perfect security, un'=!Uspicious of the zeal of their adversaries, and a fraudulent ejectment, on a day consecrated to sacred rest. Great outrage ensued among the people, for the con^ tention being pro oris et focisy was animating and im- portant. The original proprietors of the house tore up their seats, and afterwards got the key and possession of the church, which were shortly after again taken from them by force and violence. In these controver- sies the governour abetted the episcopal zealots, and har- assed the others by numberless prosecutions, heavy 172 History of New-York , \* If ■H .• finesy and long imprisonments ; through fear of which many, who had been active in the dispute, fled out of the province. Lord Cornbury's nol k descent and edu^ ' cation should have prevented him fr or. tpki »o part in so ignominious a quarrel ; but his lordship's sense of honour and justice was as weak and indelicate, as his bigotry was rampant and uncontroulable : and hence we find him guilty of an act complicated of a number of vices, which no man could have perpetrated without violence to the very slightest remains of generosity and justice. When his excellency retired to Jamaica, one Hubbard, the presbyterian minister, lived in the best house in the town. His lordship begged the loan of it for the use of his own family, and the clergyman put himself to no small inconvenience to favour the go- vernour's request ; but in return for the generous bene- faction, his lordship perfidiously delivered the parson- age house into the hands of the episcopal party, and en- couraged one Cardwel, the sheriff, a mean fellow, who afterwards put an end to his own life, to seize upon the glebe, which he surveyed into lots, and farmed for the benefit of the episcopal church. These tyrannical mea- sures justly inflamed the indignation of the injured suf- ferers, and that again the more embittered his lordship against them. They resented, and he prosecuted : nor did he confine his pious rage to the people of .Tamaica. He detested all who were of the same denomination ; nay, averse to every sect except his own, he insisted '■ that neither the ministers nor schoolmasters of the Dutch, the most numerous |)ersuasion in the province, had a right to preach or instruct without his guberna- • torial licence ; and some of tliem tamely submitted to his authoritative rule, A general account of his lord- %* History oj New- York, 173 ship's singular zeal, is preserved under the title of the Watch Tower, in a number of papers published in the New-York Weekly Mercury, for the year 1755. While his excellency was exerting his bigotry, dur- ing the summer season, at Jamaica ; the elections were carrying on, with great heat, for an assembly, w^hich met him, at that village, in the fall. It consisted prin- cipally of the party which had been borne down by the earl of Bellamont and his kinsman ; and hence we find Philip French, who had lately been outlawed, was returned a representative for New- York, and William NicoU elected into the speaker's chair. Several ex- tracts from my lord's speech are proper to be laid be- fore the reader, as a specimen of his temper and designs. " It was an extreme surprise to me (says his lordship) to find this province, at my landing at New- York, in such a convulsion as must have unavoidably occasioned its ruin, if it had been suffered to go on a little longer. The many complaints that were brought to me, against the persons I found here in power, sufficiently proved against them ; and the miserable accounts I had of the condition of our frontiers, made me think it conven- ient to delay my meeting you in general assembly, till I could inform myself, in some measure, of the condi- tion of this province, that I might be able to offer to your consideration, some few^ of those things, which will be necessary to be done forthwith, for the defence of the country." He then recommends their fortifying the port of New- York, and the frontiers: adding that he found the soldiers naked and unarmed : after which, he proposes a militia bill, the erection of publick schools, and an examination of the provincial debts and accounts ; and not only promises to make a faithful application of the monies to W' 174 JH^story of New- York, V "* "be raised, but that he would render them an account. The whole speech is sweetened with this gracious con- clusion : " now, gentlemen, I have no more to trouble you with, but to assure you, in the name of the great queen of England, my mistress, that you may safely de- pend upon all the protection that good and faithful sub- jects can desire or expect, from a sovereign whose great- est delight is the welfare of her people, under whose auspicious reign we are sure to enjoy what no nation in the world dares claim but the subjects of England ; I mean, the free enjoyment of the best religion ip tae world, the full possession of all lawful liberty, aiifl the undisturbed enjoyment of our freeholds and properties. These are some, of the many, benefits which I take the inhabitants of this province to be well entitled to by the laws of England ; and I am glad of tliis opportunity to assure you, that as long as I have the honour to serve the queen in the government of this province, those laws shall be put in execution, according to the intent with which they were made ; that is, for the preservation and protection of the people, and not for their oppression. I heartily rejoice to see that the free choice of the people I as fallen upon gentlemen, whose constant fidelity to tlie crown, and unwearied ap- plication to the good of their country, is so universally known." The house echoed back an address of high compli- ment to his lordship, declaring, " tliat l)eing deeply sen- sible of the misery and calamity Ihe coiuitry lay under at his arrival, they were not sufficiently able to express the satisfaction they had, both in their relief and their fleliverer." > ^. * • •i ¥ -t History of New-Yorlc, 175i Well pleased with a governour who headed their par-» ty, the assembly granted liiui all his request ; eighteen hundred pounds were raised for the support of one hun- dred and eighty men, to defend the frontiers, besides two tliousand pounds more, as a present towards defray- ing the expenses of his voyage. Tlie queen, by her let- ter of the 20th of April, in the next year, forbid any suth donations for the future. It is observable, that though the county of Dutchess had no representatives at this as- sembly, yet such was then the known indigence of that now populous and flourishing county, that but eighteen pounds: wf re apportioned for their quota of these le- vies. Besides the acts above mentioned, the house brought up a militia bill, and continued the revenue to the 1?^ of May, 1709 ; and a law passed to establish a grammar slioo!, according to his lordship's recommendation. Be- sides the great harmony that subsisted between the go- vernour and his assembly, there was nothing remarkable except two resolves against the court o:.' chancery erect- ed by Mr. Nanfan, occasioned by a petition of several disappointed suitors, who were displeased witli a decree. The resolutions were in these words : " that the setting up a couit of equity in this colony, without consent of general assembly, is an innovation without any former precedeni, inconvenient and contrary to the English law." And again : " that the court of chancery, as late- ly erected, and managed here, was and is unwarranta- ble, a great oppression to the su!)ject, of pernicious ex- ample and consecjuence ; that ail proceedings, orders, and decrees in the same, are, and of ri;;ht ought to be, declared nuli and void ; and that a bill be broui;l.l in, according to thc!»ti two » evolutions," v.hicli waa done: It m i6' m m aevented, is a proof of his excessive ef- frontery aj.d contemi^^ of the people ; and the neglect of the house, to take the least notice, vither of that matter, or the revenue, occasioned another dissolution. Bi^fore I procecMl to the transactions of the new as- sembly, which did not meet till the year 170B, it will -r- 10- ,'%f. # History of New-York» 181 not be improper to lay before the reader the account of a memorable proof of that persecuting spirit which influenced lord Cornbury's whole administratio l The inhabitants of the city of New-Y(;rk consisted, at this time, of Dutch Calvinists, upon the plan of the church of Holland ; French refugees, on the Geneva model ; a few English episcopalians ; and a still small- er immber of English and Irish presbyterians ; who, having neither a minister nor a church, used to assem- ble themselves, every Sunday, at a private house, for the worship of God. Such were their circumstances, when Francis iVrKemie and John Hampton, two pres- byterian ministers, arrived here in January, 1707. As goon as lord Cornbury, wlio liated the whole persua- sion, heard that the Dutch had consented to M'Kemie*s preaching in their clnuch, he arbitrarily forbid it ; so tliat the publick worship, on the next sabbath, was per- formed, witli open doors, at a private house. Mr. Hampton f)reached, tlie same day, at tlie presbyteiian church, in Newtown, distant a few miles from the city. At that viUagc both these ministers were, two or tljree days after, appreliended, by Cardwel, the sherill', pur- suant to his lordship's warrant, for preaching witiiout his license. From hence they were led in triumph a circuit of several miles through .Jamaica to iNew-York. They appeared Ijcfore his lortisliip whh an undaunted courage, and had a conAiiriie witli liim, in wliich it is ditticult to determine, wluther my h)rd excelled in the character of a savage bigot, or an ill uiannerly tyrant. Tlie ministers were no lawyers, or they would not have founded their justification on the supposed extent of the English act of toleration. They knew not that the ecclesiastical statutes had no relation to this colony ; 182 History of New-Tork. Pv *„■■ :'f 'V" and that its religious state consisted in a perfect parity between protestants of all denominations. They erro- neously supposed that all the penal laws extended to this province, and relied, for their detence, on the tole- ration, offering testimonials of their having complied with the act of parliament in Virginia and Maryland, and promised to certify the house, in which JVrKemie had preached, the next sessions. His lordship's dis- course with them was the more ridiculous, because he had Bickley, the attorney general, to assist him. Against the extension of the statute they insisted that the penal laws were limited to £ngland, and so also the toleration act, because the sole intent of it was to take away the penalties formerly established. But grant the position, and one consequence they drew from it ar- gues that my lord and Mr. attorney were either very weak, or influenced by evil designs. If the penal laws did not extend to the plantations, then the prisoners were innocent ; for where there is no law, there can be no transgression ; but according to these incomparable sages, if the penal laws and the toleration were restrict- ed to the realm of England, as they contended, then the poor clergymen, for preacliing without his license, were guilty of a heinous crime, against his private, un- published instructions ; and for this cause he issued an informal precept, to the sheriff of New- York, for their commitment to jail, till further ordei^. I'hey continued in confinement, through the absence of Mompesson, the chief justice, who was in New-Jersey six weeks and four days ; but were then brought before him by writ of habeas corpus. Mompesson being a man of learn- ing in his profession, and his lordship now apprised of the illegality of liis first warrant, issued another, on the Mstory ofNenhTork. 183 very day of the test of the writ, in which he virtually contradicts what he had before insisted on, at his con- ference with the prisoners. For, according to this, they were imprisoned for preaching without being quali6ed as the toleration act required, though they had oiiered themselves to the sessions during their imprisonment. They were then bailed to the next supreme couil, which began a few days after. Great pains were taken to secure a grand jury for the purpose, and among those who had found the indictment, to their shame be it re- membered, were several Dutch and French protestants. Mr. M'Kemie returned to New-York, from Virgin- ia, in .lune ; and was now come to his trial on the in- dictment found at the last couil. As to Mr. Hamp- ton, he was discharged, no evidence being offered to the grand jury against him. - 'f Bickley, the attoraey genera], managed the prosecu- tion in the name of the queen ; Heignere, Nicoll and Jamison, appeared for the defendant. The trial was held on the 6th of June, and being a cause of great ex- pectation, a numerous audience attended. Roger Mom- pesson sat on the bench as cliief justice, with Robert Milward and Thomas Wenham for his assistants. The indictment was, in substance, that Francis M'Kemie, pretending himself to be a protestant dissenting minister, contemning and endeavouiing to subvert the queen's ecclesiastical supremacy, unlawfully preached without the governour's license first obtained, in derogation of the royal authority and prerogative : that he used other rites and ce; ^nonies, than those contained in the cum- nion prayer book. And, lastiy, that being unqual- iHed by law to preach, he nevertheltii^s did preacii at an illegal conventicle : and botli tbet«e last ciiarges were- 184 History of Nm-York. in ^::l: Jim' t,1:;' '^< : laid to be contrary to the form of the English statutes. For it seems that 31r. attorne y was now of opinion that the penal laws did extend to the American j)lantations, though his sentiments were the very reverse at the lirst debate before his excellency : but Bickley was rather remarkable for a voluble tongue, tlian a peiielraling ht ad or much learning. To support this prosecution, he endeavoured to prove the queen s ecclesiastical suprem- acy in the colonies, and that it was delegated to her no- ble cousin, the governour ; and hence, he wajj of opinion, tliat his lordship's instructions, relating to ciiurch mat- ters, had the force of a law. He, in the next place, con- tended for the extension of the statutes of uniformity, and, upon the whole, was pleased to say, that he did not doubt the jury would find a verdict for the (jiieen. Reignere, for the defendant, insisted, tliat preaching was no crime by the common, law, that the statutes of uni- formity, and the act of toleration, did not extend here, and that the governour's in^^tructions were not laws. Nicoll spoke to the same purpose, and so did David Jamison ; but M'Kemie concluded the whole defence in a speech, which sets his capacity in a very advanta- geous light. I'he reader may see it in the narrative of thij3 trial, which was first published at the time, and since reprinted, at New- York, in the year 1 ?.'}.'). The chief justice, in his charge, advised a sjh cial verdict, but the jury found no difficulty to acquit the defendant, who, through the shameful partiality of the court, was not discharged from bis recognizance till they had illegal- ly extorted all the fees of his prosecution, which, togeth- er with his expenses, amounted to eighty-three pounds seven shillings and six pence. *W^ History of NenyYork* 18^ Lord Cornbury was now daily losing the favour of the people. The friends of Leisler had him in the ut- most abhorrence from the beginning ; and being all spies tipott his conduct, it was impossible for his lordship to commit the smallest crime unnoticed. His persecution of the presbyterians very early increased the number of his enemies. The Dutch too were fearful of his re- ligious rage against them, as he disputed their right to call and settle ministers, or even schoolmasters, without his special license. His excessive avarice, his embezzle- ment of the publick money, and Ids sordid refusal to pay his private debts, bore so heavily upon his reputa- tion, that it was imp olc for his adherents, either to support him, or themselves, against the general oppo- sition. Such being the temper of the people, his lord* ship did not succeed, according to his wislies, in the new assembly, which met on the 19th of August, 1708. The members were all against him* and William NicoU wag again chosen speaker. Among the several things recommended to their con- sideration, the affair of the revenue, which was to expire in May following, and the propriety of making presents to the Indians, were the chief. The house were not in- sensible of the importance of the Indian interest, and of the infinite arts of the French to seduce them from our alliance : but suspicious that his lordship, who hereto- fore had given himself little concern about that matter, was seeking a fresh opportunity to defraud the publick, they desired him to give them a list of the articles of which the pres3nts were to consist, together with an es- timate of the charge, before they would provide for that donation. ' • With respect to the revenue, his lordship was not so IMAGE EVALUATION TEST TARGET (MT-3) A IL 1.0 I.I 11.25 l^|Z8 |2.5 |50 "■■ llHi ■^ liU 12.2 H2.0 1*0 II.4 116 Photographic Sciences Corporation S •1>^ V 33 WIST MAIN STKMT WIUTH.N.Y. MSM (71*) •7a-4S03 X^^ ^"^^ %° .f 186 History of New- York, siicces^til, for the assembly resolutely refused to con- tinue it ; though they consented to an act to discharge him from a contract of 250/. and upwards, which he had made with one Hanson, for the publick service. Thomas Byerly was, at that time, collector and receiver gene- ral ; and by pretending that the treasury was exhausted, the debts of the government were unpaid. This gave rise to many petitions to the assembly to make provi- sion for their discharge. Colonel Scliuyler, who had ex- pended large sums on the publick credit, was among the principal sufferers, and joined with several others in an application to the house, that Byerly might be compelled to account. Tlie disputes, relating to this matter, took up a considerable part of the session, and were litigated with great heat. Upon the whole, an act was passed to refund 700/. which had been misapplied. The resolutions of the committee of grievances, ap- proved by the house, show the general objections of the people to his lordship's administration. These were made at the beginning of the session ; and yet we find this haughty lord subdued by the opposition against him, and so dispirited through indigence, and the inces- sant solicitations of his creditors, that he not only omit- ted to justify himself, but to show even an impotent re- sentment. For after all the censures of the house, lie tamely thanked them for passing the bill to discharge him from a small debt, whicli they could not, in justice, have refused. The resolutions were in these words : " Resolved, That it is the opinion of this committee, Uiat the appointing coroners in this colony, withuut their being chosen by the people, is a grievance, and contrary to law.* • SoR loH Bacon'* Works, fol. edU. 2 vol. 1 52, and yet Uie coroner? lb every county are ilili ap|)ointed by the governoiir. -'&* \ 0y^\ •■:fi ■.' History of NenhYork, 187 U)e coroner? « Resolved, That it is, and always has been, the un- questionable right of every freeman in this colony, Itiat he hath a perfect and entiie property in his goods and estate. '' " Resolved, That the imposing and levying of any monies upon her majesty's subjects of this colony, un- der any pretence or colour whatsoever, without consent in general assembly, is a grievance, and a violation of the people's propeily. ' '^ , ,^, , . .,, " Resolved, That for any officer whatsoever, to ex- tort from the people extravagant and unlimited fees, or any money whatsoever, not positively established and regulated by consent in general assembly, is un- reasonable and unlawful; a great grievance, and tend* ing to the utter destruction of all property in this plantation. " Resolved, That the erecting a court of equity, without consent in general assembly, is contraiy to law, without precedent, and of dangerous consequence to the liberty and property of the subjects. " Resolved, That the raising of money for the go- vernment, or other necessary charge, by any tax, im- post, or burden on goods imported, or exported, or any clog or hindrance, on traffic or commerce — is found by experience to be the expulsion of many, and the im- poverishing of the rest of the planters, freeholders, and inhabhants of this colony ; of most pernicious conse- quence, which, if continued, will unavoidably prove the ruin of the colony. " Resolved, That the excessive sums of money screw- ed from tlie masters of vessels traduig here under the notion of port charges, visiting the said vessels by su- pernumerary officei's, and taking extraordinai^ fees, itf -r 188 History of NenhYork, the great discouragement of trade and strangers com- ing among us, beyond the precedent of any other port, and without colour of law, " Resolved, That the compelling any man upon trial by jury, or otherwise, to pay any fees for his prose- cution, or any thing whatsoever, unless the fees of the officers whom he employs for his necessary defence, is ?i great grievance, and contrary to justice."* ^v, Lord Cornbury was no less obnoxious to the people of NeW'Jersey, than to those of New-York. The as- sembly of that province, impatient of his tyranny, drew lip a complaint against hiui, which Uiey sent home to the queen, Her majesty graciously listened to the cries of her injured subjects, divested him of his power, and ap- pointed lord Lovelace in his stead ; declaring that she would not countenance her nearest relations in oppress- ing her people, As soon ^s my lord was superseded his creditors threw him into the custody of the sheriff of New^York ; and he remained here till the death of his father, when, succeeding to t-he earldom of Clarendon, he returned to England, We never had a govemour so universally detested, |ior any who so richly deserved the publick abhorrence. In spite of his noble descent, his behaviour was trifling, tnean and extravagant, It was not uncommon for him to dress himself in a wo- man's habit, and then to pat role the fort in which he r^- pided. Such freaks of low humour exposed him to the universal contempt of the people ; but their indigna- Tliii W a ■{>ecial relatiou to the late prosecutioo of Mr, M'Keo^^ lEstory of New- York, 189 Mr. WKawiit^ tion was kindled by his despotick rule, savage bigotry, insatiable avarice, and injustice, not only to the publick, but even his private creditors ; for he left some of the lowest tradesmen in his employment unsatisfied in their just demands. ^ . ,,..... John lord Lovelace, baron of Hurley, was appointed to this government, in the spring,^ 1708, but did not ar- rive here till the 18th of December following. Lord Cornbury's oppressive, mean administration had long made the people very desirous of a Change ; and there- fore his successor was received with universal joy. Hav- ing dissolved the general assembly, soon after his acces- sion to the government, he convened a new one on the 51h of April, 1709, which, consisting of members of the same interest with the last, re-elected William Nicoll, the former speaker, into the chair. His lordship itold them, at the beginning of the session, " that he had brought with him large supplies of soldiers and stores of war, as well as presents for the Indians," than which nothing could be more agreeable to the people. He lamented the greatness of the provincial debts, and the decay of publick credit ; but still recommended their raising a revenue, for the same term with that establish- ed by the act in the 11th year of the last reign. He al- so pressed the discharge of the debts of the government, and their examination of the publick accounts, " that it may be known (says he) what this debt is, and tliat it may appear hereafter, to all the world, that it was not contracted in my time." This oblique reflection upon his predecessor, who was now ignominiously imprison- ed by his creditors, was displeasing to no body. Though the assembly, in their answer, heartily con- Ijratulated Im lordship's arrival, and thanked the queen - > m HiHary x>J Nerv-York. for bef care of the prdvince, yet they sufficiently inti^ mated their disinclination to raise the revenue which the governour had requested. "Our earnest wishes, i^o tise the words of the address) are that suitable mea- sures may be taken to encourage the few inhabitant! left to stay in it, and others to come. The just free- dom enjoyed by our neighbours, by the tender indul- gence of the government, has extremely drained and ex* hausted us both of people and stock ; whilst a different treatment, the wrong methods too long taken, and se- verities practised here, have averted and deterred the usual part of mankind from settling and coming hither- to." Towards the close, they assure him, " that as the beginning of his government gave them a delightful prospect of tranquility, so they were come with minds prepared to consult the good of the country and his sa- tisfaction." The principal matter which engaged the attention of the assembly, was the affair of the revenue. Lord Corn- bury's conduct had rendered them utterly averse to a permanent support for the future, and yet they were un- willing to quarrel with the new governour. They, how- ever, at last agreed, on the 5th of May, to raise 2,500/. to defray the charges of the government to the 1st of May ensuing, 1,600/. of which was voted to his excellen- cy, and the remaining sums towards a supply of fire- wood and candles to the several forts in New-York, Al- bany, and Schenectady ; and for payment of small sa- laries to the printer, clerk of the council, and Indian in- terpreter. This new project of providing, annually, for the sup- port of government, was contrived to prevent the mis- chiefs to which the long revenues had formerly exposed *)M History of Netv-Yo^. 191 lis. But as it rendered the govemour, and all the other servants of the rrown dependent upon the assembly, a rupture, between the several branches of the legislature^ would doubtless have ensued ; but the very day, in which the vote passed the house, his lordship died of a disorder contracted in crossing the ferry at his first ar- rival in the city of New- York. His lady continued lere, long after his death, soliciting for the sum voted to her husband ; but though the queen interposed, by a letter, in her behalf, nothing was allowed till several years afterwards. .•*' '■■-#■ •■it. .->^^ m lliSTOBY OF NEW-YOBlK. PART IV. Prom the Canada Expedition, in 1709, to the arrived of Governour Burnet* ■K Lord Lovelace being dead, the chief command de- volved upon Richard Ingolsby, the lieutenant gover- ^ nour, the same who had exercised the government, se- , veral years before, upon the decease of colonel Slough* t^r. His short administration is remat-kable, not for- bis extraordinary talents, for he was a heavy man, but for a second fruitless attempt against Canada. Colonel Vetch, who had been, several years before, at Quebec, and sounded the river of St. Lawrence, was the first pro- jector of this enterprise. The ministry approved of it, and Vetch arrived in Boston, and prevailed upon the New-England colonies to join in the scheme. After that, he came to New- York and concerted i'lE plan of operations with Francis Nicholson, formerly our lieu- tenant governour, who, at the request of Ingolsby, the council, tlie assembly, Gurdon Saltonstal, the governoui** of Connecticut, and Charles Gookin, lieut. governouf ^ of Pennsylvania, accepted the chief command of the pro- vincial forces, intended to penetrate into Canada, by. the' way of lake Champlain. Impoverished as we were, the' assembly joined heartily in the enterprise. It was at this juncture our first act, for issuing bills of credit, wW 2^ '» 1 194 History of New-ltorJc, ■h A passed ; an expedient without which we could not have- contributed to the expedition, the treasury being then totally exhausted. Universal joy now brightened every man's countenance, because all expected the complete redU(!tion of Canada before the ensuing falL Big with the pleasing prospect of an event which would put a period to all the ravages of an encroaching, merciless enemy, ex^tend the British empirer and augment our trade, we exerted ourselves to the utmost, for the success of the expedition. As soon as the design was made known to the house, twenty ship and house carpenters were impressed into the service for building battoes. Commissioners also were appointed to purchase provi- sions and other necessaries, and empowered to break open houses for that purpose ; and to impress men, ves- sels, horses, and waggons, for transporting the stores* Four hundred and eighty-seven men, besides the inde- pendent companies, were raised and despatched to Alba- ny, by the 27th of June : from whence they advanced, with the main body, to the Wood Creek. Three forts were built there, besides many block houses and stores for the prpvisions, which were transported with great despatch. The province of New-York (all things con- sidered) has the merit of having contributed more than any of her neighboui*s towards this expedition. Penn- sylvania gave no kind of aid, and New-Jersey was only at the expense of 3000/. One hundred battoes, as many birch canoes, and two of the forts, were built entirely, and the other fort, for the most part, at the charge of this government. All the provisions and stores for the army were transported at our expense ; and besides our quota of volunteers and the independent companies, we pirucured and maintained six hundred Indians^ and History of New-York. 195 victualled a thousand of their wives and children at Al- bany, during the campaign. . ; , # Having thus put ourselves to the expense of above twenty thousand pounds towards this enterprise, the de- lay of the arrival of the fleet spread a general discon- tent through the country : and early in the fall, the as- sembly addressed the lieutenant governour to recall our forces from the camp. Vetch and Nicholson soon after broke up the campaign, and retired to New-Port, in Rhode-Island, where there was a congress of go vernours. Ingolsby, who was invited to it, did not appear, in com- pliance with the inclination of the assembly, who incens- ed at the publick disappointment, harboured great jea- lousies of all the first promoters of the design. As sobu, therefore, as lord Sunderland's letters, which al-rived here on the 21st of October, were laid before the house, they resolved to send an address to the queen, to lay before her a true account of the maniier in which this province exerted itself in the late Undertaking. Had this expedition been vigorously carried on, doubtless it would have succeeded. The publick af- fairs at home were conducted by a wise ministry. The allied army triumphed in i-epeated successes in Flan- ders ; and the court of France was in no condition to give assistance to so distant a colony as Canada. The •;j Indians of the Five Nations were engaged, through the indefatigable solicitations of colonel Schuyler, to join heartily in the attempt : aiKl the eastern colonies had nothing to fear from the Ouwenagungas ; because those Indians had, a little befoi^, concluded a peace with the confederates. In Americn, every thing was ripe for the attack. At home, lord Sunderland, the secretary of state, had proceeded so far as to despatch orders to I9& History of New-York* *^*the queen's ships, at Boston, to hold themselves in rea- ' diness, and the British troops were upon the point of their emharkation. At this juncture the news arrived of the defeat of the Portuguese, which reducing our al- lies to great streights, the forces intended for the Ame- rican adventure were then ordered to their assistance, and the thoughts of the ministry entirely diverted from the Canada expedition. M i- As we had not a man in this province who had more . -extended views of the importance of driving tlie French • out of Canada, than colonel Schuyler, so neither did •any person more heartily engage in the late expedi- |x. *tion. To preserve the friendship of the Five Nations, without which it would be impossible to prevent our frontiers from becoming a field of blood, he studied all the arts of insinuating himself into their favour. He gave them all possible encouragement and assistance, and very much impaired his own fortune by his liberal- ity to their chiefs. They never came to Albany, but they resorted to his house, and even dined at his table ; and by this means he obtained an ascendency over them, which was attended with very good consequences to the province ; for he could always, in a great degree, obviate or eradicate the prejudices and jealousies, by ^ which the French Jesuits were incessantly labouring to debauch their fidelity. Jmjiressed with a strong sense of the necessity of 8ome vigorous measures against the French, colonel n- Schuyler was extremely discontented at the late disap- pointment ; and resolved to make a voyage to England at his private expense, the better to inculcate on the ministry the absolute necessity of reducing Canada to the crown of Great Britain. For that purpose he pro- History of New-York. 197 posed to carry home with him five Indian chiefs. Tlie house no sooner hoard of his design, than they came to a resolution, which, in justice to his distinguished merit, I ouglit not to suppress. It was this : - " Resolved, nemine contradicente. That the humble address of the lieutenant governo\ir, council, and gene- ral assembly of this colony, to the queen, representing the present state of this plantation, be committed to his charge and care, to be presented by himself to her sa* cred majesty ; he being a person, who, not only in the last war, when he commanded the forces of this colony in chief at Canada, but also in the present, has perform- ed faithful services to this and the neighbouring colo- nies ; and behaved himself in the offices, with which he has been entrusted, with good reputation, and the gene- ral satisfaction of the people in these parts." The arrival ol the five sachems in England made a great bruit through the whole kingdom. The mob fol- lowed wherever they went, and small cuts of them were sold among the people. The court was at that time in mourning for the death of the prince of Denmark : these American kings* were therefore dressed in black underclothes, after the English manner ; but instead of a blanket, they had each a scarlet-in-grain cloth mantle, edged with gold, thrown over all their other garments. This dress was directed by the dressers of the playhouse, and given by the queen, who was advis- ed to make a show of them. A more than ordinary solemnity attended the audience they had of her ma- jesty. Sir Charles Cotterel conducted them, in two coaches, to St. James's ; and the lord chamberlain in- * This title is commonly bestowed od the sachems, though the In- idians have no such dignity or office among them. m 198 History of Ntw-York* troduced them into the royal presence. Their speechj on the 19th of April, 1710, is preserved hy OIdnniixon> and was in these words : '* *' ♦^•*^r*t;' n*;' ->'■>; '""il " Great Q,ueen, l.~ii tr ** We have undertaken a long voyage, which none of our predecessors could be prevailed upon to undertake, to sec our great queen, and relate to her those things which we thought absolutely necessary for the good of her, and us, her allies, on the other side the water. . " We doubt not but our great queen has been ac- quainted with our long and tedious war, in conjunction with her children, against hei enemies, the French ; and tliat we have been as a strong wall for their securi- ty, even to the loss of our best men. We were mightir ly rejoiced when we heard our great queen had resolv- ed to send an army to reduce Canada ; and immediate- ly, in token of friendship, we hung up the kettle, and took up the hatchet, and, with one consent, assisted colonel Nicholson in making preparations on this side the lake ; but, at length, we were told our great queen by some important affairs, was prevented in her desigki at present, which made us sorrowful, lest the French, who had hitiierto dreaded us, should now think us un- able to make war against them. The reduction of Canada is of great weight to our free hunting ; so that if our great queen should not be mindful of us, we must, with our families, forsake our country, and seek other habitations, or stand neuter, either of which 'Will be much against our inclinations. *' In token of the sincerity of these nations, we do, in their names, present our great queen with these belts of ivampum, and in hopes of our great queen's favour, leave it to her most gracious consideration.'* llistorf of New-York, 199 While colonel Schuyler was at the British court, captain Ingolsby was displaced, and Gerardus Beekman exercised the powers of government, from the lOlh of April, 1710, till the arrival of brigadier Hunter, on the 14th of June following. The council then present were, Mr. Beekman, ^ Mr. Mompesson, Mr. Van Dam, Mr. Barbarie, - * ' Colonel llenslaer, Mr. Philipse. Hunter was a native of Scotland, and, when a boy, put apprentice to an apothecary. He left his master, and went into the army ; and being a man of wit and personal beauty, recommended himself to lady Hay, whom he afterwards married. In the year 1707, he was appointed lieutenant governour of Virginia, but being taken by the French, in his voyage to that colony, he was carried into France, and upon his return to Eng- land, appointed to succeed lord Lovelace in the govern- ment of this and the province of New-Jersey. Dean Swift's letter to him, during his captivity, shows that he had the honour of an intimacy with Mr. Addison and others, who were di^iugul^ied for their good sense and learning ; and perhaps it was by their interest he was advanced to this profitable place. ^f,- , , ^ Governour Hunter brought over with him near three thousand Palatines, who, the year before, fled to Eng- land from the rage of persecution in Germany. Many of these people seated themselves in the city of New- York, where they built a Lutheran church, which is now in a declining condition. Others settled on a tract of several thousand acres, in the manor of Livingston. Their village there, called the Camp, is one of the plea- santest situations on Hudson^s river : right opposite, on the west bank, are many other flimilies of thenu Some 1 200 Histmy of New-York, *went into Pennsylvania, and by Ihe favourable accounts of the country, which they transmitted to Germany, were instrumental to the transmigration of many thou- sands of their countrymen into that province. Queen Anne's liberality to these people, was not more benefi- cial to them, than serviceable to this colony. They have behaved themselves peaceably, and lived with great industry. IM any are rich, all are protestants, and well affected to the government. The same must be said of those who have lately settled amongs^t us, and planted tlie lands westward of Albany. We have not the least ground for jealousy with respect to them. Amongst us they are few in number, compared to those in Pennsylvania. There they are too numerous to be soon assimilated to a new constitution. They retain all the manners and principles which prevail in their native country, and as many of them are papists, some are not without their fears, that sooner or later, they will be- come dangerous to our colonies.'* ' The late attempt to attack -Canada proving abortive, exposed us to consequences equally calamitous, dread- ed and foreseen. While the preparations were mak- ing to invade it, the French exerted themselves in ca- joling their Indian allies to assist in the repulse ; and as * The surprisiog importation of Germans into that colony, gave rise to the scheme of dispersing £ngHsh clergymen and schoolmasters among them. The project is founded on principles of sound policy. If a political mission among the Indians had been seasonably encuur* aged, the province of Pennsylvania might have escaped all that shock- ing devastation, which ensued the fatal defeat of general Braddock's army, on the 0th of July, 1 755 ; and would, perhaps have prevented even the erection of fort Ctuesae, which has already cost the nation so I0ucb blood and treasurek :counts rmany, 7 thou- Queen benefi- They d with its, and lust be lis, and ave not 5 them, to those IS to be 3tain ail r native are not will be- )ortive, dread- mak- in ca- andas ;ave rise )lma8ter8 |d policy. encour- it shock* [addock'fi Ireventcd lation so History of New- York* m Boon as the scheme dropped, numerous parties were sent out to harrass the Eni^lish frontiers. These irruptions were, principally, made on the northern parts of New- Ensijland, where the most savage cruelties were daily committed. New- York had, indeed, hitherto escaped, bein«j covered by the Indians of the Five Nations ; but the danger we were in, induced governour Hunter, €oon after his arrival, to make a voyage to Albany, where he met the confederate chiefs, and renewed the old covenant. While there, he was strongly solicited, by the New-England governments, to engage our In- dians in a war with those who were daily ravaging their borders ; but he prudently declined a measure, which might have exposed his own province to a general de- vastation. A treaty of neutrality subsisted, at that time, between the confederates and the Canada French and their Indians ; which, depending upon the faitli of lawless savages, was, at best, but precarious, and yet the only security we had for the peace of our borders* A rupture between them would have involved us in a scene of misery, at a time, of all otliers, most unseason- able. However the people of New-England might cen- sure the goveinour, it was a proof of his wisdom to re- fuse their request. For besides a want of men and arms to defend us, our forts were fallen down, and the trea- sury exhausted. ft The new assembly met, at New-York, on the 1st of September. Mr. Nicoll, the speaker, Mr. Livingston, Mr. De Lancey, and colonel M'^rris, were the members most distinguished for tiieir activity in the house. Mr* De Lancey was a protestant refugee, a native of Caen, in Normandy ; and by marrying a daughter of Mr. CourtlauUt, cuimectud with a family, then, jperha^s, the 2tf m Hisfwy d/ Nfiw-York* wpst opMl^nt ^pd extensive of any in the provlnpe. He y/dLQ ^p eminent merchaiit, and, by a successful trade, had amassed a yery considerable fortune. But of all tjujese* cplpnel Morris bad the greatest influence on our publick a^airs. He was a man of letters, and, though a Jittle vv'himsical in his temper, was grave in his manners ^nd of penetrating parts. Being excessively fond of the so' ciety pf nien of sense and reading, he was never wearied at a sitting, till the spirits of the whole company were dissipated. From his infancy, he had lived in a manner best adapted to teach him the nature of man, and to for- tify his mind for the vicissitudes of life. He very early lost both his father and mother, and fell imder the pa- tronage of his uncle, formerly an officer, of very con- siderable rank, in CromwelFs army ; who, after the re- storation, disguised himself under the profession of qua- l^erism, and settled on a fine farm, within a few miles of the city, called, after his own name, Mon*isania. Be- ing a boy of strong passions, the general indications of 9 fruitful genius, he gave frequent ofience to his uncle, and, on one of these occasions, through fear of his re- sentment, strolled away into Virginia, and thence to Jamaica, in the West-Indies,* where, to support himself, be set up for a scrivener. After several years spent in Uiis vagabond life, he returned again to his uncle, who received the young prodigal with joy ; and, to reduce bim tp regularity, brought about his marriage with a * Hugh Coppnthwait, a quaker zealot, was his preceptor : tlie pupil tak^Bg advantage of hi» euihusia^ni. bici hinitelf in a tree, and calling tp Mm, ordered him to preaph the goepel among (he Mohawks. The credulqui qg!ht meet with as little credit, and as much disgrace, as th y deserve," This unanhnity, however, was soon interrupt- ed. Colonel Morris, for some warm words dropped in a debate, was expelled the house ; and soon after a dis- pute arose, between the council and assembly, concern- ing some amendments, made by the former, to a bill ** for the treasurer's paying sundry sums of money." Tlie design of it, in mentioning the j)artitular sums, and ren- dering them issuable by theii' own officer, was to re- strain the governour from repeating the misapplications which had bt*en so frequent in a late administration. The council, for that reason, opposed it, and adhered to their amendments ; wiiich occasioned a prorogation, on the 25th of November, after the passing of several other necessary laws. Mr. Hunter cautiously avoided entering, publickly, into the dispute between the two houses, till he knew the sentiments of the ministry, and then he opened tlie spring sessions with a speech too singular not to be in- jserted. " Gentlemen, " I h vpe you are now come with a disposition to an- swer the ends of your meeting, that is, to provide a suitable support for tier majesty's government here, in the manner she has been pleased to diicct ; to find out means to restore the publick credit, and to provide bet-^ ter for your own security. History of New-York. 203 « They abuse you, who tell you, that you are hardly dealt by in the augmentation of salaries. Her majesty's inslnictions, wliich I communicated to you, at our last meeting, might have convinced you, that it was her ten- derness towards her subjects in the plantations, who suf- fered under an established custom of making considera- ble presents to their governours, by acts of assembly, thai iniluced her to allot to each of them such a salary as she judged sufficient for their support, in their re- spective stations, witli a strict prohibition of all such preserits for the future ; wliich instruction has met with a cheerful and grateful compliance in all the other co- lonies. : - " If you have been in any thing distinguished, it is by an extraordinary measure of her royal bounty and care. I hope you will make suitable returns, lest some insinuations, much repeated of late years, should gain credit at last, that however your resentment has fallen upon the governour, it is the government you dislike. " It is necessary, at this time, that you be told also, that giving money for the support of government, and disposing of it at your pleasure, is the same with giv- ing none at all. Her majesty is the sole judge of the merits of her servants. This right has never yet been disputed at home, and should I consent to give it up abroad, I should render myself unworthy, not only of the trust reposed in me, but of the society of my fellow subjects, by incurring her highest displeasure. If I have tired you, by a long speech, I shall make amends by putting you to the trouble of a very short answer. " Will you support her majesty's government, in the manner she has been pleased to direct, or arc you re- «.-.. 206 History of New- York, solved that burden shall lie still upon the gorertimir, who cannot accuse himself of any thing that may have deserved this treatment at your hands ? " Will you lake care of the debts of the government; or, to increase my sufferings, must I continue under tlie torture of the daily cries of such as have just demands ppon you, and are in misery, without the power of giv- ing them any hopes of relief ? .-- " Will you take more effectual care of your own safety, in that of your frontiers ; or are you resolved for the future to rely upon the security of an open win- ter, and the caprice of your savage neighbours? I shall be very sorry if this plainness offends you. I judge it necessary towards the establishing and cultivating a good understanding betwixt us. I hope it will be so con- strued, and wish heartily it may have that effect." Perplexed with this remarkable speech, the assembly, after a few days, concluded, that as his excellency had prorogued them in February, while he was at Burling- ton, in the province of Nevv-.Tersey, they could not sit and act as a house ; upon which they were the same day dissolved. The five Indian kings carried to England by colonel Schuyler, having seen all the curiosities in London, and been much entertained by many persons of distinction, returned to Boston, with commodore Martin and colo- nel Nicholson ; the latter of whom commanded the forces designed against Port-Royal and the coast of Nova-Scotia. In this enterprise the i\ew-England colo- nies, agreeable to their wonted courage and loyalty, lent their assistance ; and the reduction of the garrison, which was then called Annapolis-Royal, was happily completed on the 2d of October, 1710. Animated by this, and some other successes in JSewfoundland, Wi- . ' ft, •« r M^, History of New- York, 207 (jliolson a«rain urged the prosecution of the Fcheme for the iedut'tion of Canada ; which, having been strongly recoimiiended by the Indian chiefs, as the only effectu- al means to secure the northern colonies, was now again resumed. Towards the execution of this project, five thousand troops, from England and Flanders, were sent over un- der the coinmand of brigadier Hill, the brother of Mrs, Jlasham, the queen's new confidant, on the disgrace of the duchess of Marlborough. The fleet of transports, ynder the convoy of sir Hoveden Walker, arrived, af- ter a month's passage, at Boston, on the 4th of June, J7J1. The provisions, with which they expected to be supplied there, being not provided, the troops landed* Nicholson, who was to command the land forces, came immediately to New-York, where Mr. Hunter conven- ed thp assembly, on the 2d of July. The re-election of the same iiiembers who had served in the last, was a sufficient proof of the general aversion to the establish- ment of a revenue. Robert Livingston, junior, who married the only daughter of colonel Schuyler, came in for Albany ; and, together with Mr. Morris, who was again chosen for the borough of Westchester, joined the goyernour's interest. Brigadier Hunter informed the assembly of the intended expedition, and the am^ yal of the fleet and forces ; that the quota of this pro- vince, settled by the council of war, at New-London, was gix hundred private sentinels and their qflicers ; besides which, he recommended their niaking provision for building battoes, transporting the troops and pro* visions, subsisting the Indians, and for th^ contingent chaiges : nor did he forget to mention the supp^irt of govt^rniuent and tl4^ publiqk debts. ^ 208 History of New-York. The house was so well pleased with the design upon Canada, that they voted an address of tlianks to the queen, and sent a committee to ISicholson, to congra- tulate his arrival, and make an honourable acknowledge- ment of his " sedulous application to her majesty for reducing Canada." In a few days time an act was pass- ed for raising forces ; and the assembly, by a resolu- tion, according to the governour's advice, restricted the price of provisions to ceilain particu ar sums. Bills of credit, for forwarding the expedition, were now also struck, to the amount of 10,000/. to be sunk in five years, by a tax on estates real and personal. After these supplies were granted, the governour prorogued the assembly ; though nothing was done relating to the ordinary support of government. While these preparations were making at New- York, the fleet, consisting of twelve men of war, forty trans- ports, and six store ships, with forty horses, a fine train of artillery, and all manner of warlike stores, sailed for Canada, from Boston, on the 30th of July ; and, about a month afterwards, Nicholson appeared at Albany, at the head of an army of four thousand men, raised in this and the colonies of New-Jersey and Connecticut : the several regiments being commanded by colonel In- golsby, colonel Whiting, and colonel Schuyler, the lat- ter of whom procured six hundred of the Five Nations to join our army. The French, in Canada, were not unapprised of these designs. Vaudreuil, the governour general, sent his or- ders, from Montreal, to the sieur De Beaucourt, to has- ten the works he was about at Quebec, and command- ed that all the regulars and militia should be held in readiness to march on the first warning. Four or five •f^- History oj Nerv-Yo¥k. im Imndred Indians, of the more distant nations, arrived at the same time at Montreal, with messieurs St. Pierre and Tonti, who, together with the Calighnuaga prose- lyteSi took up the hatchet in favour of the French. Vaudreuil, after dispatching several Indians and two missionaries among the Five Nations^ to detach them from our interest, went to Quebec, which Beaucourt, the engineer, had sufficiently fortified to sustain a long siege. All the principal posts below the city, on both sides of the river, were prepared to receive the British troops in case of their landing. On the 14th of August, Sir Hoveden Walker arrived with the fleet in the mouth of St. Lawrence river ; and fearing to lose ttie company of tiie transports, the wind blowing fresh at northwest, he put into Gaspy bay, and continued there till the 20th of the same montii. Two days after he sailed from thence, the fleet was in the utmost danger, for they had no soundings, were witliout sight of land, the wind high at east southeast, and the sky darkened by a thick fog* In these circumstances the« fleet brought to^ by the ad- vice of the pilots, who were of opinion, that if the ships lay with their heads to the southward, they might be diiven by the stream into the midst of the channel : but instead of that, in two hours after, they found them- selves on the noith shore, among rocks and islands, and upon the point of being lost. The men of war escaped, but eight transports, containing eight hundred souls, of- ficers, soldiers, and seamen, were cast away. Two or three days being spent, in recovering what they could from the shore, it was determined, at a consultation of sea officers, to return to soihe bay or harbour, till a fur- ther resolution could be taken. On the 14th of Septem- tei^tiiey arrived at Spanish-R^ver bay, where a couo-. >>s. X . T«. 210 History of New-York, cil of war, consisting of land and sea officers, consider- ing that they had but ten weeks provision, and judging that they could not depend upon a supply from New- England, unanimously concluded to return home, \>ilh- out making any farther attempts ; and they according- ly arrived at Portsmouth on the 9th of October, when, in addition to our misfoi tunes, the Edgar, a 70 gun sliip, was blown up, having on board above four hundred men, besides many persons who came to visit their friends. As soon as the marquis De Vaudreuil, by the ac- counts of the fishermen and two other ships, had reason to suspect that our fleet was returned, he went to Cham- bly, and formed a camp of three thousand men to op- pose Nicholson's army, intended to penetrate Canada, at that end. But he was soon informed that our troops were returned, upon the news of the disaster which liad befallen the fleet, and that tlie people of Albany were in the utmost consternation. The new ministry are generally censured for their conduct in this expedition by the whigs, who condemn both the project and the measures taken towards its execution. The scheme was never laid before the par- liament, though it was then sitting ; but this, it is said, was for the greater secrecy, and for the same reason the fleet was not fully victualled at home. They reli- ed upon New-England f(»r supplies, and this destroyed the design. For the sliips tarried at Boston till the season for the attack was over. According to lord Harley's account of this expedi- tion, the whole was a contrivance of Bolingbroke, Moore, and the lord chancellor tfarcourt, to cheat the publick of twenty thousand pounds. The latter of these History of New-York, 211 was pleased to say, " No government was woilh serving that would not admit of such advantageous jobs." Apprehensive that the enemy woidd fall upon our borders, as they aftej wards really did, in small parties, upon the miscarriage of that enterprise ; governour Hunter pressed the assembly, in autumn, to continue a number of men in [)ny the ensuing whiter, and to re- pair the out forts. After the house had jiassed several votes to this purpose, his excellency, during tiie session, went up to Albany, to withdraw the forces of tiie colo- ny, and give oi ders for the necessary repairs. The publick debts, by this unfortunate expedition, were become greatly enhanced, and the assembly, at last, entered upon measures for the support of govern- ment, and sent up to the council several bills for that purpose. The latter attempted to make amendments, which the other would not admit, and a warm contro- versy arose between those two branches of the legisla- ture. The council assigned instances that amendments had formerly been allowed ; and, besides this argu- ment, drawn from precedent, insisted tiiat they were a part of the legislature, constituted as the assembly were, " by the mere grace of the crown ;" adding, that the lords of trade had determined the matter hi theit fovour. The house, nevertheless, adiiered to their re- solutions, and answered in these Avords : " 'Tis true, the sliare the council have (if any) in the legislation, docs not (low from any title they have from the nature of that board, which is only to advise ; or from their being another distinct state, or rank of peo- ple in tiie constitution, vvhicli they are not, being all commons ; but only from the mere pleasure of the prince, signified in tiie commission. On the contrary. 213 History of New-York, the inherent right the assembly have to dispose of the money of the freemen of this colony, does not proceed from any commission, letters patent, or other grant from the crown ; but from the free choice and election of the people, who ought not to be divested of their property, (nor justly can) without their consent. Any former condescensions, of other assemblies, will not prescribe to tlie council, a privilege to make any of those amendments, and therefore they have it not. If the lords commissioners for trade and plantations, did con- ceive no reason why the council should not have right to amend money bills, this is far from concluding there are none. The assembly imderstand them very well, and are sufficiently convinced of the necessity they are in, not to admit of any encroachment so much to their pre- judice." > Both houses adhered obstinately to their respective opinions : in consequence of which, the publick debts remained unpaid, though his excellency could not omit passing a bill for paying to himself 3750 ounces of plate. Upon the return of the fleet, Dudley, Saltonstal, and Cranston, the governours of the eastern colonies, form- ed a design of engaging the Five Nations in a rupture with the Frencli, and wrote on that head to Mr. Hunter; who suspicious that liis assembly would not approve of any project that might increase the publick debts, laid their letter before the house, and, according to his ex- pectations, they declared against the scheme. Abi)ut this time colonel ISuiitrr, by the advice of his f^ouncil, l)egan to exerc ise the olHce of chancellor, hav- ing, on ihv 4th of ()cti)ber, appointful messieurs Van Diiin aijd Philij s', masters, Air. VVhihMnan, register, Mr. ij^iarrison, exaujiuer, and messieurs Sharpas andBrough- "Tsr^ History of New-York. 213 Ion, clerks. A proclamation was then issued, to signify the sitting of the court on Thursday in every week. This gave rise to these two resolutions of the house : ..t « Resolved, That the erecting a court of chancery, without consent in general assembly, is contrary to law, without precedent, and of dangerous consequence to the libeiiy and property of the subjects. . * " That the establishing fees, without consent in gen- "^^ipl assembly, is contrary to law." The council made these votes the subject of part of a long representation, which they shortly after transmitted to the lords of trade, who, in a letter to the governour, in answer to it, approv- ed of his erecting a court of equity, and blamed the assembly ; adding, " that her majesty has an undoubt- ed right of appointing such, and so many courts of ju- dicature, in the plantations, as she shall tliink necessary for the distribution of justice." ' ^ * • At the next meeting, in May, 1712, colonel Hunter strongly recommended the publick debts to the consi- deration of the assembly, informing them, that the lords of trade had signified their opinion, with respec^t to the amending money bills, in favour of the council. The house neglected the matters laid before them, and tlie governour broke up the sessions by a short prorogation of three days. After which they soon passed an act for paying his excellency 802r) ounces of plate. Our pul> lick allairs never wore a more melanciioly aspect than at this juncture. Among the Five Nations many emissaries from ihc French were daily siMkicing them from the British in- terest, and our late ill success gave such a powerful in- fluence to tlu^ir solicitnlions, that the Indians even at r^att's Kill sent a beltof Wampum to Uiose in Dutchess 214 History of New-York. county to prepare for a war. The Senecas and Shaw- anas were also greatly disaffected, and it was generally apprehended tliat they would fall upon the inhabitants along Hudson's River. An invasion was strongly sus- pected, by sea, on the city of New-York, where they had been alarmed, in April, by an insurrection of the negroes ; who, in execution of a plot to set fire to tiie town, had burnt down a house in the night, killed several people who came to extinguish the fire, for which nine- teen of them were afterwards executed. I 'ut distressed as the colony then was, the assembly were inflexibly averse to the establishment of a revenue, which had formerly been wickedly misapplied and exhausted. At the ensuing session, in the fall, colonel Hunter proposed a scheme to the assembly, which was, in substance, that the re- ceiver general should give security, residing in tlie co- lony, for the due execution of his office ; and, every quarter, account, to the governour and council, for the sums he might receive. That the creditors of the go- vernment should, every three months, deliver in their de- mands to the governour and council ; when, if that quarter's revenue equalled the amount of such debts, the governour, by the advice of council, should draw for it : but if the revenue, for that quajt^r, should fall short of the governour's demands ; then the warrants were to be drawn for so much only as remained, and the creditors should afterwards receive new (hafts for their balances in the next quarter. That no warrant should be issued, until the quarlf'^'ly accoiml of the re- venue was given in ; but that then they should be paid in course, and an action of debt be given against the receiver general in case of refusal. That he should ac- count also to the assembly when required, and permit • f '*s History of New- York, 215 all persons to have recourse to his books. The house turned a deaf ear to this plausible project, and displeas- ed with a letter from the lords of trade, favouring the council's claim to amend money bills, they agreed upon an address to tlie queen, protesting their willingness to support her government, complaining of misapplications in the treasury, intimating their suspicions that tiiey were misrepresented, and praying an instruction to the governour to give his consent to a law, for supporting an agent to represent them at the court of (ireat Bri- tain. Provoked by this conduct, and to put an end to the disputes subsisting between the two houses, his ex- cellency dissolved the assembly. Before the meeting of the next assembly, the peace of Utrecht was concluded, on the 31st of March, 1713. A peace, in the judgment of many,dishon(.urable to Great BrHain, and injurious to her allies. I shall only consider it with relation to our Indian allairs. I'he reader, doubt- less, observed that lord Bellamont, after the peace at Ryswick, contended with the governour of Canada, that the Five Nations ought to be considered as subjects of the British crown, and that the point was tlisputed even after the death of count Frontenac. It does not appear that any decision of that matter was made between the two crowns, till the treaty of Utrecht, the xvtii article of which is in these words : " The subjects of France inhabiting Canada, andoth^ ers, shall hereafter give no hindrance or molestation to the Five Nations, or cantons of Indians, subject to the dominion of Great Britain, nor to the other nations of Auieiica, who are friends to the same. In like manner, the subjecth3 of G»'eat-Britain shall beliave themselves peaceably towardni the Aiiiericaiid, who are subjects ©r 216 History of Ne7V-York4 friends to France ; and on both sides they shall enjoy full liberty of going and coming on account of trade. Also the natives of these countries shall, with the same liberty, resort, as they please, to the British and Frencli colonies, for promoting trade on one side and the oth- er, without any molestation or hindrance, either on the part of the British subjects, or of the French. But it is to be exactly and distinctly settled by commissaries, who are, and who ought to be, accounted the subjects of Britain or of France." In consequence of this treaty, the British crown be- cante entitled, at least for any claim tliat could justly be interposed by the French, to the sovereignty over the country of the Five Nations, concerning the extent of which, as it never wass adjusted by commissaries, it may not be improper to say a few words. > . When the Dutch began the settlement of this coun- try, all tlie Indians on Long Island, and the northern shore of the sound, on the banks of Connecticut, Hud- son's, Delaware, and Susquehanna rivers, were in sub- jection to the Five INations ; and, within ttic memory of persons now living, acknowledged it by the payment of an annual tribute.* The Frencli historians of Can- ada, both ancient and modern, agree that the more northern Indians were driven before the superior mar- tial prowess oi the confederates. Tiie author of the book entitled, Relation de ce qui s'cst passe ik plus re- marquable aux mission dc pens de la compagnie de Jesus, en la noiivelle hrance, published with the privilege of the French king, at Taris^ hi lUb], writes with such * A Utile tribe, settled at the sucarloaf niounlHiii, in Orange coun- ty, to this day, make a yearly puyiiieiu of about 20l. to the Mohawks. Historj/ of New- York, 217 "ilngular simplicity, as obviates the least suspicion of those sinister views, so remarkable in the late French histories. He informs us that all the northern Tndians> as far as Hudson's bay, were harrassed by the Five Na- tions. " PartouU (says he, speaking in the name of the missionaries) rwiis trouvons Iroquois, qui comme un lihaatome importun, nous ohsede en tons lieuxy In the ac- count he gives of the travels of a father, in 1658^ we are told, that the banks of the upper lake were lined with the Algonkins, " ou la crainte des Iroquois leur a fait chercher un asi/le" Writing of the Hurons, " la nation la plus sedentaire Si' la plus propre pour les se- mences de la foi" he represents them as totally destroy- ed by the confederates. Charlevoix, whose history of New-France is calculated to countenance the encroach- ments of the French, gives the following description of the territory of the confederates: ' .. .., ,, . " The country of the Iroquois (says he) extends it- self between the 41st and 44th degrees of north lati- tude, about seventy or eighty leagues from east to west, from the head of the river, bearing for its name that of Richelieu and Sorel ;* that is, from lake St. Sa- crament to Niagara, and a little above forty leagues from north to south, or rather northeast and southwest from the head of the Mohawks river to the river Ohio. Thus the last mentioned river and Pennsylvania bound it on the south. On the west it has lake Ontario ; and lake Erie on the northwest ; St. Sacrament and the ri- ver St. Lawrence on the north ; on the south and south- east, the province of New- York. It is watered with hi-'/ V •» ,^ Mrf * The river issuing from lake Ciiamplain is called Riviere des Iro- quois de Bicliciieii & Sorel : but the last is now nost QQmmQjjify usfd. 4 2a Cl si 1 '( - 'wim 1' ' P, ' . n^' F L * Mr. Bellin published a Dew set of maps in 1745, the first plate be- ing thought too favourable to our claims, especially. in the protraction of the north side of the bay of Fumly, for Nova-Scolia, which in the se- cond plate, was called " the south part ol New-France.'' General Shir- ley, one of the British commissaries for settling the disputed limit?, took occasion to speak of this alteration to Mr. Bellin, at Paris, .tod informed him that one hundred copies of hia first maps were dispersed in London, upon which he discovered some surpriiie ; but instead of urging any thing in support of the variation in his new draft, said, smiling, ** we in France muet follow the command of the monarch.'' I mention this to show that since the French government interposes in tlie construction of their maps, they are proper evidence against them. Among the English, Dr. Mitchell's is the only authentick one extant. None of the rest, concerning America, have passed under the e^'^^inn- tion,OT received the sanction of any publick board; and, for iiiis rea- son, they ought not to be coMHtrued to our prejudice. Add, that they generally copy from the French. ^0: ■■«f'-t' History cf New- York, 219 but, • con- rench ellin's iirnish laims. luntry r lake )f ter- Iheir ierates y their lly be- ntario, writes south in and ilate be- (Ction of I he se- |al Shir- limits, [-is, .'lod ipersed Itead of L said, Ih." I )8e8 in them, bxtant. fMina- lis rea- It they Deh'sle, all concur with Bellin, in extending the right of the Five Nations, to the lands on the north side of lake Ontario. The first of these, besides what appears from his map, speaking of that lake, has these words, " there are likewise on the north side these Iroquois villages, Tejajahon, Kente, and Ganneousse ;" every one of which is laid down even in Bellin's, and almost all the maps I have seen of that country, whether French or English. What renders Hennepin's account the more remarkable, is, that these villages were there in 1679, seven years af- ter the erection of fort Frontenac. From whence it may fairly be argued, that their not opposing those works, was by no means a cession of the country to the French ; and indeed Charlevoix himself represents that matter as carried on by a fraud, for, says he, " under pretext of seeking their advantage, the governour had nothing in view, que de les tenir en bride" To these attestations, which are the more tp be de- pended upon, because they are given by the French writers, whose partiality leads them to confine the Five Nations to contracted limits,* we may add, that our Indians universally concur in the claim of all the lands, not sold to the English, from the mouth of Sorel river, on the south side of the lakes Erie and Ontario, on both sides of the Ohio, till it falls into the Missi^p- pi ; and on the north side of those lakes, that whole ter- * Mr. Bellin was engineer of the marine, and tells us that Charlevoix performed his travels in this country by order of the French court ; that he was a man of attention and curiosity, and had a determined re- solution to collect all possible intelligence, which he designed to make publick. To give the greater credit to the jesuit^s history and his own mnp, he adds, that Charlevoix was never without the iaatnuneots pro- per for a voyager, ♦' partout la boussole a la main." II il '"■:>■■. 220 History of New- York. ritory between the Outawais river and the lake Huron, and even beyond the streights between that and lake Erie. This last tract, and the land on the north side of the lakes Erie and Ontario, were contained in their sur- render to kinsj William, in 1701 ; of which I took notice in its proper place : and doubtless to that, and lord Bel- Jamont's contest with count Frontenac, we must ascribe it, that the Five Nations were afterwards so pailicular- ly taken notice of in the treaty of Utrecht. ^* The British title to fort Frontenac, and the lands on the north west side of Cadaracqui river, has of late been drawn into question by some, who, from jealousy, or other motives equally shameful, were bent upon find- ing fault with every measure planned by general Shir- ley. The advocates for the French claim, relied much on a late Map of the middle British Colonies, and two pamphlets published by Lewis Evans, " The French, says he, being in possession of fort Frontenac, at the peace of Ryswick, which they attain- ed during their war with the confederates, gives them an undoubted title to the acquisition of the northwest side of St. Lawrence river, from thence to their settle- ment at Montreal." The writer adds ; " it was upon the faith and honour of king William's promise (by the fourth article of the treaty of Ryswick) of not disturbing the French king in the free possession of the kingdoms, countries, lands, or dominions he then en- joyed, that I said the French had an undoubted title to their acquisition of the northwest side of St. Law- rence river, from Frontenac to Montreal." Whether the treaty ought to be considered, as hav- ing any relation to, this matter, is a question which I {shall not take upon me to determine. The map mak^ '»'» "n- "■*' * History of New- York. 221 cr supposes it to be applicable, and, for the present, I grant it. The xiith article of this treaty is in these words : " the most Christian king shall restore to the king of Great-Britain, all countries, islands, forts, and colonies, wheresoever situated, which the E^ ^lish did possess before the declaration of the present war. And in like manner, the king of Great Britain shall restore to the most Christian king, all countries, islands, forts, and colonies, wheresoever situated, which the French did possess before tie said declaration of war." If there- fore the British abjects were in possession of fortFron- tenac at the commencement of the war, the French, who attained it during its continuance, according to this treaty, ought to have surrendered it to the British crown. Whatever the French title to fort Frontenac might have been antecedent to the year 1688, in which the island of Montreal was invaded by the Five Nations, it is certain that it was then abandoned, and that the In- dians entered it, and demolished a great part of the works.*' But the author of the map affirms, " that the English did not possess fort Frontenac before the de- claration of war terminated by the peace of Hyswick." To which I reply, that the Indians acquired a title in 1688, either by conquest, or dereliction, or both ; and that the crown of Great Britain had a right to take ad- vantage of their acquisition, in virtue of its sovereign- ty over the Five Cantons. That they were our depend- ents, was strongly and often insisted upon by gover- nour Dongan and lord Bellamont, and the point re- mained sitb jydice, till the treaty of Utrecht. Then a decision was solemnly made in our favour, wiiich looks ?1 ^ Le fort de Cataiocoiiy etoit ^racue & ruin^. Charhvoh'.. ':>'■ 222 History of New-York, back, as the determination of all disputes do, at least as far as the first rise of the controversy ; posterior to i/vhich, and prior to king William's war, his Indian sub- jects obtained the possession of the fort in question.'^ Whence I think it may be fairly deduced, if we take the treaty of Ryswick for our rule, that fort Fron- tenac, which was regained by the French during their war with us, ought to have been surrendered to the Bri- tish crown. Every publick transaction between the French and the Five Nations, without the participation of the government of Great Britain, since the Indians were claimed as our dependents, is, perhaps, absolutely void, and particularly the treaty of peace made between the Indians and the chevalier De Callieres, after the death of coimt Frontenac.f The possession of any part of the country of the Five Nations by the French, either before or since the close of queen Anne's war, cannot prejudice the Bri- tish title, because the treaty of Aix la Chapelle renews and confirms that executed at Utrecht, in 1713, and ex- pressly stipulates, that the dominions of the contracting parties shall be in the same condition, which they ought m *Tbe Five Nations entered the fort ia 1688, and the war against France was not proclaimed till May, 1Q80. f FiVan's map and first pamphlet, or analysis, were published in the summer, 1 755, and that part in favour of the French claim to Fronte- nac, was attacked by two papers in the Nen'-York Mercury, in Jan. 1756. This occasioned his publication of the second pamphlet the next spring, in which he endeavours to support his map. He was a man in low circumstances, in his temper precipitate, of violent passions, great vanity, and rude manners. He pretended to the knowledge of every thing, and yet had very little learning. By his inquisitive turn he filled bis bead with a coDsiderable collection of materials ; and a per^ % History oj New-York, 223 least as srior to [an sub- Bstion.* ive take t Fron- ig their the Bri- sen the ;ipation Indians lolutely >et\veen fter the of the nee the he Bri- renews ■ind ex- acting ought of right to have been in before the late war." Commi saries were soon after appointed to adjust 11 contrc verted limits, who accordingly met at Paris, and conti- nued the negotiation, till the French king perfidiously seized upon several parts of Nova-Scotia, or Acadia, the settlement of the bounds of which, was part of the very business of the commissaries. This gave rise to the pre- sent operations, and the longest sword will determine the controversy. Brigadier Hunter was disappointed in his expecta- tions upon the late dissolution, for though the elections were very hot, and several new members came in, yet the majority were in the interest of the late assembly, and on the 27th of May, 1713, chose Mr. NicoU into the chair. The governoui spoke to them with great plain- ness, informing them, that it would be in vain to endea- vour to lodge the money allotted for the support of go- vernment, in any other than the hands of the queen's of- ficers. Nevertheless (says he) if you are so resolved, you may put the country to the expense of a treasurer for the custodyof money raised for extraordinary uses.'* He added, that he was resolved to pass no law, till pro- against in the IFronte- liD Jan. ilet the was a Bsions, [dge of }e tura la pey' son of more judgment than he had, might, for a few days, receive ad- vantfiges from his conversatioD. He piqed himself mueh upon his two maps, which are, however, justly chargeable with many errours. His ignorance of language is evident, both in them and the two pamphlets of his analysis, the last of which is stuffed with groundlesMspersions on general Shirley, who deserves so well from these colonies, that on that account, and to weaken the authority of a map prejudicial to his majes- ty's rights, I beg the reader*s excuse for this infraction of the old rule, de mortuis nil nisi bonum. He died at New- York, June 12, 1756, under an arrest for a gross slander uttered against Mr. Morris, the governour of Fennsylvania. 2^4 History of ^tiv-York. vision was made for the government. The members were therefore reduced to the dilemma of passing a bill for that purpose, or breaking up immediately. They chose the former, and the governour gave his assent to that, and an excise bill on strong liquors, which conti- nues to this day, producing into the treasury about one thousand pounds per annum. After a short recess, se- veral other laws were enacted in the fall. But the debts of the government still lemained unnoticed, till the sum- mer of the year 1714. A long session was then almost entirely devoted to that single atliiir. Incredible were the numbers of the publick creditors. New demands were every day made. Petitions came in from all quar- ters, and even for debts contracted before the revolution. Their amount was near twenty-eight thousand pounds. To pay this prodigious sum, recourse was had to tL^ circulation of bills of credit to that value. These were lodged in the hands of the province treasurer, and issu- ed by him only, according to the directions of the act. The news of the queen's death arriving in the ensu- ing fall, a dissolution ensued of course ; and a new house met in May, 1715, which continued only to the 21st of July ; for the governour being now determin- ed to subdue those whom he could not allure, again dissolved the assembly. He succeeded in his design, foi though Mr. NicoU was re-elected into the chair, on the 9th of June, 1716, yet we plainly perceive, by the har- mony introduced between the several branches of the legislature, that the majority of the house were now in the interest of the governour. . » - An incontestable evidence of their good understand- ing appeared at the session in autumn, 1717, when the governour informed them of a memorial, which had History oj New-Yorh 225 been sent home, reflecting upon his administration. The house immediately, voted an address to him, wliich was conceived in terms of the utmost respect, testifying their abhorrence of the memorial, as a false and mali- cious libel. It was supposed to be written by Mul- ford, a representative for Suffolk county, who always opposed the measures that were taken to preserve the friendship of the Five Nations, and foolishly projected a scheme to cut them off. It was printed in England, and delivered to the members at tlie door of the house of commons, but never had the author's intended ef- fect. It was at this meeting the council, on the 31st of Oc- tober, sent a message by Mr. Alexander, then deputy secretary to the house, desiring them " to appoint pro- per persons for running the division line between this colony and the province of New-Jersey, his excellency - being assured the legislature of the province of New- .Tersey will bear half the expense thereof." The as- sembly had a bill before tliem, at that time, whicli af- terwards passed into a law, for the payment of the re- mainhig debts of the government, amounting to many thousand pounds ; in which, after a recital of the gene- ral reasons for ascertaining the limits between New- York and New-Jersey on the one side, and Connecti- cut on the otlier, a clause was added, to defray the ex- pense of those services. Seven hundred and fifty ounces of plate were enacted " to be issued by war- , rant, under the hand and seal of the governour of tliis province for the time being, by and with the advice and consent of his majesty's council, in such parts and portions as shall be requisite for that service, when the survey, ascertaining, and running the said line, limits 29 : ■ ' ■'. ■ ! 4^> 226 History oj New- York, and boundaiy, shall be begun, and carried on, by the mutual consent and agreement of his excellency and council of this province, and the proprietors ol tlie soil of the said province of New-Jersey." Accorciinjj; to this law, the line " agreed on by the surveyors and commissioners of each colony was to be conclusive." Another sum was also provided by the same clause, for running the line between New- York and Connect- icut ; and in the year 1719, an act was passed for tlie settlement of that limit, of which I shall have occasion to take notice in a succeeding administration. Whether it was because Mr. Nicoll was disgusted with the governour*s prevailing interest in the lionse, or to his infirm state of health, that he desired, by a letter to the general assembly, on the 18th of May, 1718, to be discharged from the speaker's place, is un- certain. His request was readily granted, and Robert Livingston, esq. chosen in his stead. The concord be- tween the governour and this assembly was now w(>und up to its highest pitch. Instead of other evidences of it, I shall lay before the reader his last speech to tlie house, on the 24th of June, 1719, and their address in answer to it. " Gentlemen, " I have now sent for you, that you may be witnesses to my assent to the acts passed by the general assem- bly in this session. I hope that what remains unfinish- ed may be perfected by to-morrow, when I intend to put a close to this session. " I take this opportunity also to acquaint you, thai my late uncertain state of health, the care of my little family, and my private atlairs, on tlie other side, have 9,i latit, lifiteiaiuitd me to make use ul tiiut license of ' ■ , - - ^ •]■'■■■*, I ^ I 4 Hislory of New-York, 227 absence, which has been, sometime ago, so graciously graiiled me ; but with a fiim resolution to return to you aiijain, if it is his majesty's pleasure that I should do so : but if that proves otherwise, I assure you that whilst T live, I shall be watchful and industrious to promote the interest and welfare of this country, of which, I think, I aai under the strongest obligations, for the future, to account myself a countryman. " r look with pleasure on the present quiet and flour- ishing state of the people here, whilst I reflect on that in which I found them at my arrival. As the very naine of party or faction seems to be forgotten, may it for ever lie buried in oblivion, and no strife ever happen among you, but that laudable emulation, who shall ap- prove himself the most zealous servatit and most dutiful subject of the best of princes, and most useful member of a well established and flourishing comnmnity, of which you, gentlemen, have given a ha])py example, which I hope will be followed by future assemblies. I mention it to your honour, and without ingratitude and breach of duty I could do no less." Colonel Morris and the new speaker, were the authors of the answer to this speech, tliough it was signed by all the members. >yhether Mr. Hunter deserved the eulo- gium they bestowed upon him, I leave the reader to de- termine. It is certain that few plantation governours have the honour to carry home with them such a testi- monial as this : " Sir, when we refleit upon your ]>ast conduct, your just, mild, and tender administmtion, it heightens the concern we have for your depaiture, and makes our grief such as words cannot tiuly express. You have governed well and wisely, like a prudent magistrate, 228 History of New-York, % like an affertionate parent ; and wherever you ^o, and whatever station the Divine Providence shall please to assign you, our sincere desires and prayers for the hap- piness of you and yours, shall always attend you. " We have seen many governours, and may see more; and as none of those, who had the honour to serve in your station, were ever so justly fixed in the aflections of the governed, so those to come will acquire no mean reputation, when it can be said of them, their conduct has been like yours. " We thankfully accept the honour you do us, in call- ing yourself our countryman ; give us leave then to desire, that you will not forget this as your country, and, if you can, make haste to return to it. ** But if the service of our sovereign will not admit of what we so earnestly desire, and his commands deny us that happiness ; permit us to address you as our friend, and give us your assistance, when we are oppressed with an administration the reverse of yours." Coh n 1 Hunter departing the province, the chief com- mand devolved, the 31st of .luly, 1719, on Peter Schuy- ler, esq. then the eldest member of the board of council. As he had no interview with the assembly during his short administration, hi which he behaved with great moderation and integrity, there is very little observa- ble in his time, except a treaty, at Albany, with the In- dians, for confirming the ancient league ; and the trans- actions lespecting the partition line between this and the colony of New-.Tersey : concerning the latter of which, \ shall now lay before the reader a very sum- niaiy account. . ^ The two provinces were originally included in the grant of kin^ Charles to the duke of York. ^ew-Jer- i^t5?F' ^ ' History of New-York, 229 sey was afterwards conveyed by the duke to lord Berk- ley and sir (leorge Carteret. This again, by a deed of partition, was divided iiiLO East and West Jersey, the former being released to sir George Carteret, and the latter to the assigns of lord Berkley. The line of di- vision extended from little Egg Harbour to the north partition point on Delaware river, and thus both tbose tracts became concerned in the limits of the province of New- N ork. The original rights of lord Berkley and sir George Carteret, are vested in two different sets, consisting each of a great number of persons, known by the general name of the proprietors of East and AVest Jersey, who, though they surrendered the powers of government to queen Anne, in the year 1702, still retain- ed their property in the soil. These were the persons interested against the claim of New-York. It is agreed, on all sirles, that the deed to New-Jersey is to be first satisfied out of that great tract granted to the duke, and that the remainder is the right of New- York. The proprietors insist upon extending their northern limits to aline drawn from the latitude of 4i° 10 on Delaware, to the latitude of 41* on Hudson's river; and alledge that before the year 1 07 1, the latitude of 41*, was reput- ed to be fourteen miles to the northward of Tappan creek, part of those lands being settled under New-Jer- sey till 1684. They farther contend, that in 1684 or 168r), Dongan and Lawrie, (the former govcrnour of New- York, and the latter of New-Jersey) with their respective couficils agreed that the latitude on Hud- son's river was at the mouth of Tappan creek, and tiiat a line from thence to the latitude of IT 40' on Dela- ware should be the boundary line, in 1686, llobinson, 230 History of New-York» ' Wells, and Keith,* surveyors of the three several pro- vinces, took two observations, and found the latitude of 41** to be r and 25" to the northward of the Yonker's mills, which is four miles and forty-five chains to the southward of the mouth of Tappan creek. But against these observations the proprietors offer sundry objec- tions, which it 16 not my business to enumerate. It is not pretended by any of the litigants, that a line, ac- cording to the stations settled by Dongan and Lawrie, Tvas actually run ; so that the limits of these contend- ing provinces must long liave existed in the uncertain conjectures of the inhabitants of both ; and yet the in- conveniences of this unsettled state, through the infancy of the country, were very inconsiderable. In the } ear 1701, an act passed in New- York, relating to elections, which annexed Wagachemeck, and great and little iVlin- isink, certain settlements near Delaware, to Ulster county. The intent of this law was to quiet disputes before subsisting between the inhabitants of those places, whose votes were required both in Orange and Ulster. The natural conclusion from hence, is tliat the legislature of New-York then deemed those planta- tions not included within the New-.Tersey grant. Such was the state of this affair till the year 1717, when provision was made by this province for running the line. The same being done in New-.lersey the suc- ceeding year, commissions for that purpose, under the great seals of the respective colonies, were issued in Alay, 1719. The commissioners, by indenture, dated the 25th of July, fixed the north station point on tlie 'i^ * The snnie who lefl the qnnlcen, nnd took orders in the church of Eogland. Burnet's hist, of hit own times. *4 I If '# History of Nerv^Yorh 231 northermost branch of Delaware, called the Fish-Kill ; and from thence a random line was run to Hudson's riv 'I'j terminating about five miles to the northward of the mouth of Tappan creek. In August the surveyors of East Jersey met for fixing the station on Hudson's river. All the commissioners not attending, through sickness, nothing further was done. What had already been transacted, however, gave a general alarm to ma- ny persons interested in several patents under New- York, who before imagined their rights extended to tlifs southward of the random line. The New-Y ork survey- or afterwards declined proceeding in the work, com- plaining of faults in tlie instrument, which had been used in fixing the north station on Delaware. The proprietors, on the other hand, think they have answer- ed his objections, and the matter rested, without much contention, till the year 1740. Frequent quarrels multiplying after that period, relating to the rights of soil and jurisdiction southward of the line in 1719, a probationary act was passed in New-Jersey, in Febru- ary, 1748, for running the line ex parte, if the province of New- York refused to join in the work. Our assem- bly, soon after, directed their agent to oppose the king*g C(»nfirmation of that act ; and it was accordingly drop- ped, agreeably to the advice of the lords of trade, whose report of the 18th of .July, 1753, on a matter of so much importance, will doubtless be acceptable to the reader. " To the king's most excellent majesty : , ^ " May it please ymir majesty , " We have lately had under our consideration, an act passed in your majesty's pro vmce of New-Jeraey, in ^ 232 History of New-York, 1< ? r ' 1747-8, entitled, an act for running and ascertaining the line of partition and division betwixt this province of New-Jersey, and the province of IN ew- York. " And having been attended by Mr. Paris, solicitor in behalf of the proprietors of the eastern tiivision of New-.Tersey, with Mr. Hume Campbell and Mr. Hen- ley, his counsel, in support of the said act ; and by Mr. Charles, agent for the province of New- York, with Mr. Forrester and Mr. Pratt, his c ounsel, against the said act ; and heard what each party had to offer thereupon ; we beg leave humbly to represent to your majesty, that the considerations which arise upon this act are of two sorts, viz. such as relate to the principles upon which it is founded, and such as relate to the transactions and circumstances which accompany it. , , . *,. " As to the first, it is an act of the province of New- Jersey interested in the determination of the limits, and in the consequential advantages to arise from it. " The province of New-Jersey, in its distinct and sep- arate capacity, can neither make nor establish bounda- ries : it can as little presciibe regulations for deciding differences between itself and other parties concerned in interest. " The established limits of its jurisdiction and terri- tory, are such as the grants under which it claims have assigned. If those grants are doubtful, and differences arise upon the constructions, or upon the matters of them, we humbly apprehend that there are but two methods of deciding them : either by the concurrence of all parties concerned in interest, or by the regular and legal fonns of judicial proceeding : and it appears to us, that the method of proceeding must be derived from the immediate authority of the crown itself, signified by # ■y ■f History of New-York. a commission from vonr m.- , the co.„mi«sion of «,Ed2 V"'"'" "'" ^'-^^^ ^'^^t powers being neitj.er co „trf''^''''^ ^"'^ "''''^'-ivative conceive, to set un er Jl, , . ^' '''" ^^ '""nbiy Patent JurisdictioZi-Xlcfr'"'^''''"^ ^"^ --" tliority. '"" '''^'^e ofjustice a.id legal au- *|'»ti» would not be eS;:,"f T''^ '"■"■-•^e" ^ and ci^ion in thi. case, ti.e leS ,,1" n?" "" "'^"''""^ "e- * «"-sibIe, whilst it endeavon , ! "' P-'ovince see„,s determination the deSln tf 1 "• '" ^°"'- '"^'i-ty', 'natter, and of considcrble im T'" '■'^'^"^'^ *» ".is power ,our .naje.t;:^^^^^^^^^^^^^ ^ ' .'vMch (he,r having the power to eslab i , . ^^'"' "''t''""* out the assistance^f C lie J. ''" *'""« ^^elf, with- •"e eonV:r:rc:S£'i "'^ ""^"^ -*' -'"out - unwarrantable and „ flS ' " T"??' '" '"^'•-'. place, consider what trani^ot'a ? ""' '" "'« "«^' P-^. towa^s o..taini„g^rern,'r;'^"=^^ "^^^ "■fjesty is interested with ret " ^^J^'-'<^rsey. Fom- 'eigneurie, and property TuZl T' ^"''*^''«'«"ty. •■expect to their government ,n • . '^'"''""'' '^i"" " With reo-ard tn * 1 ? .("nsdiction. Vo.k, wc b^ri et trveTT^'r ''""''^^- menls have been made Wlv L "'"''""'' •''«'-'^«- «es for settling their boZh"' ^ "'""" *''"^ **^° P'""^"'- j''>havepassWa;lT^^^^^^^^^^^^ "^"^d b^ tl,e respective go e nou^ ndT "" '"^" s ^' """'sand governments J 234 History of New- York. f^ft: the proceedings under them have never been perfected, the work remains unfinished, and the disputes between the two provinces subsist witli as much contradiction as ever ; but there is a circumstance that appears to us to have still more weight, namely, that those transactions were never properly warranted on the part, of the crow n ; the crown never participated in them, and, therefore? cannot be bound with respect to its interests by pro- ceedings so authorised. " Tlie interest which your majesty has in the deter- mination of this boundary, may be considered in three lights : either as interests of sovereignty, respecting mere government ; of seigneurie, which respect es- cheats, and quitrents ; or of property, as relative to tlie soil itself ; w hich last interest takes place in such cases where either your majesty has never made any grants of the soil, or where such grants have, by escheats, re- verted to your majesty. " With regard to the first of these interests, viz. that of sovereignty, it has been alledged to us in support of the act, that it is not materially affected by the question, as both provinces are under your majesty's immediate direction and government : but they stand in a very dif- ferent light with respect to your majesty's interest in the quitrents and escheats ; in both which articles the situation of the two provinces apj)ears to us to make a very material alteration : for altliough the province of New-Jersey is not under regulations of propriety or charter witli respect to its government, yet it is a pro- piietary province with respect to the grant and tenure of its territory, and consequently as New-York is not in that predicament, the determination of tlie boundary in prejudice to that province, will allect your majesty's History of New- York, 23j icted, ween ion as us to ctions rown ; efore? y pro- deter- 1 three )ecting ;ct es- to tlie h cases grants ats, re- iz. that )port of uestion, mediate ery dif- erest in [;les the make a ^ince of lety 01 s a pro- 1 tenure i is not )undary lajeity's interest with respect to the tenure of such lands as are concerned in this question : it being evident, that what- ever districts are supposed to be included in the limits of New-Jersey, will immediately pass to the proprietors of that province, and be lield of them, by which means your majesty would be deprived of your escheats, and the quitrents would pass into other hands. " To obviate this objection, it has been alledged, that the crown has already made absolute grants of the whole territory that can possibly come in question under tlie denomination of this boundary, and reserved only tri- fling and inconsiderable quitrents on those grants. But this argument does not seem to us to be conclusive, since it admits an interest in your majesty, the greatness or smallness of which is merely accidental ; and there- fore does not affect the essence of the question : and we beg leave to observe, that in the case of exorbitant grants with inconsiderable quitrents ; and where, conse- quently, it may reasonably be supposed, that the crown has been deceived in such grants by its officers ; your majesty's contingent right of property in virtue of your seigneurie, seems rather to be enlarged than diminish- ed. " This being the case, it appears to us, that gover- nour Hunter ought not to have issued bis commission for running the line above mentioned, without having previously received the royal direction and instruction for that purpose ; and that a commission issued without such authority, can be considered, with respect to the interests of the crown, in no other light than as a mere nullity : and even with respect to New- York, we observe, that the said commission is questionable, as it does not follow the directions of the above mentioned •'t • I. y 236 JJislory of New-York. act, passed in 1717, wliich declares that tlie commissiou to be issued, shall be granted under the joint authority of the ^overnour and council of that province. " But it has been further urged that the crown has since confirmed these transactions, either by previouis declarations, or by subsequent acquiescence, and con- sequently participated in them, so far as to conclude itself : we shall therefore, in the next place, beg leave to consider the circumstances urged for this purpose. " It has been alledged that the crown, by giving con- sent to the aforesaid act, passed in New- York, in 1717, for paying and discharging several debts due from that colony, &c. concluded and bound itself with respect to the subsequent proceedings had imder the commission issued by governour Hunter : but the view and purport of that act appears to us so entire, and so distinctly formed for the purpose of raising money and establish- ing funds — so various and so distinct from any conside- ration of the disputes subsisting in the two provinces, with respect to the boundaries — that we cannot con- ceive a single clause, in so long and so intricate an act, can be a sufficient foundation to warrant the proceed- ings of governour Hunter subsequent to it, without a special authority from the crown for tliat purpose : and there is the more reason to be of this opinion, as the crown, by giving its assent to that act, can be constru- ed to have assented only to the levying money for a future purpose ; which purpose could not be eflected by any commission, but from itself; and, therefore, can never be supposed to have, thereby, approved a com- mission from anotlier authority, which was at that time already issued, and carrying in execution, previous to 'SUch assent, Hislory of New-York. 237 « We fuilher beg leave humbly to represent to your majesty, that the line of partition and division between your majesty's province of New-York and colony of Connecticut, having been run and ascertained, pursu- ant to the directions of an act, passed at New- York, for that purpose, in the year 17 J9, and confirmed by liis late majesty, in 1723 ; the transactions between the s?.id province and colony, upon tliat occasion, have I) 'en alledged to be similar to, and urged as a prece- dent, and even as an approbation, of the matter now in question : but we are hiunbly of opinion, that the two cases are materially and essentially different. The act passed in New-York, in 1719, for running and ascer- taining the lines of partition and division between that colony and the colony of Connecticut, recites, that in the year 1683, the governour and council of New- York, and the governour and commissioners pf Connecticut, did, in council, conclude an agreement concerning the boundai'.es of the two provinces ; that, in consequence of this agreement, commissioners and surveyors were appointed on the part of each government, who did ac- tually agree, determine, and ascertain the lines of par- tition ; marked out a certain part of them, and fixed the point from whence the remaining part should be run : that the several things agreed on and done by the said commissioners, were ratified by the respective governours — entered on record in each colony, in March, 1700 — approved and confirmed by order of king William the tliird, in his privy council — and by his said majesty's letter to his governour of New- York. From this recital it appears to us that those transac- tions were not only carried on with the participation, but confirmed by the express act and authority of the 238 History of New- York, crown ; and that confinnation made the foundation of the act, passed by New-York, for settling the bounda- ries between the two provinces ; of all which authority and foundation, the act, we now lay before your majes- ty, appears to us to be entirely destitute. " Upon the whole, as it appears to us, that the act in question cannot be effectual to the ends proposed— that your majesty's interest may be materially affected by it — and that the proceedings on which it is founded, were not warranted in the first instance by the proper authority, but carried on without the participation of the crown ; we cannot think it advisable to lay this act before your majesty, as fit to receive your royal approbation. " Which is most humbly submitted, « Dunk Halifax. ** Whitehall, July 18, 1753." " J. Grenville, " James Oswald, " Andrew Stone. f*!^ - HISTORY OF NEW-YOBK. ^- * 1 : t. /-: PART V. From the year 1720, to the commencement of the Adr ministration of Colonel Cosby, William BURNET, esq. took upon him the go- vernment of this province, on the 17lh of September, 1720. I'he council, named in his instructions, were Colonel Schuyler, Colonel De Peyster, Captain Walter, Colonel Beekman, Mr. Van Dam, Colonel Heathcote, Mr. Barbarie, Mr. Philipse, Mr. Byerly, Mr. Clarke, Dr. Johnson, Mr. Harison. Mr. Burnet was a son of the celebrated bishop of that name, whose piety and erudition, but especially his zeal and activity for the glorious revolution and protestant succession, will embalm his memory to the most distant ages. The governour was a man of sense and polite breeding, a well read scholar, sprightly, and of a social disposition. Being devoted to his books, he abstained from all those excesses into which his pleasurable relish would otherwise have plunged him. He studied the arts of recommending himself to the people, had nothing of the morose ass of a scholar, was gay and condescending, affected no pomp, but visited every family of reputar , tion, and often diverted himself in free converse with 240 History of New- York. the ladies, by whom he was very much admhetl. No governour, before hun, did so iniicli business in chan- cery. The office of chancellor was his delii^ht. Me made a tolerable figure in the exercise of it, though he was no lawyer, and had a foil)le very unsuitable for a judge, I mean his resolving too speedily ; for he used to say of himself, " I act iirst, and think afterwards." He spoke however always sensil>ly, and by his great reading was able to make a literary parade. — As to his fortune it was very inconsiderable, for he siiflered much in the South Sea scheme. While in England, he had the of- fice of comptroller of the customs at London, which he resigned to brigadier Hunter, as tlie latter, in his favour, did the government of this and the colony of New-Jer- sey. Mr. Burnet's acquaintance with tliat gentleman gave him a fine opportunity, before his arrival, to ob- tain good intelligence both of persons and things. The brigadier recommended all his old friends to the favour of his successor, and hence we find tliat he made few changes amongst them.* Mr. Morris, the chief justice, was his principal confidant. Dr. Colden and Mr. Alex- ander, two Scotch gentlemen, had tlie next place in his esteem. He shewed his wisdom in that choice, for they were both men of learning, good morals, and solid parts. The former was well accpiainted with the af- ♦ fairs of the province, and particularly those which con- cerned the French in Canada and our Indian allies. The latter was bred to the law ; and, though no speaker, at Kit * Colonel Schuyler and Mr. Pliilipfie were, Indeed, removed from the council board, by his reprcgentation!; ; and their opposing, in coua- cil, the continuance of the asscaibiy, after his arrival, was the cauB# of It. ■ ■• ., '•.>■', '- f ., '- a < 13 V ; if "^' History of New- York. 241 the head of his profession for saisfacity and penetiation; and in application to business no man could surpass hiin. Nor was he unacquainted with the affairs of the piiblick, having served in the secretary's office, the best scliool in the province, for instruction in matters of go- vernment ; because the secretary enjoys a phirality of offices, conversant with the first springs of our provin- cif^i economy. Both those gentlemen Mr. Burnet soon raised to the council board, as he also did Mr. Morris, jun. Mr. Van Horn, whose daughter he married, and Mr. Kennedy, who succeeded Byerly, both at the coun- cil board, and in the office of receiver general. Of all our governours none had such extensive and just views of our Indian affairs, and tlie dangerous neigh- bourhood of the French, as governour Burnet, in which Mr. Livingston was his principal assistant. His atten- tion to these matters appeared at the very commence- ment of his administration, for in his first speech to the assembly, the very fall after his arrival, he laboured to implant the same sentiments in the breasts of the mem- bers ; endeavouring to alarm their fears, by the daily ad- vances of the French, their possessing the main passes, seducing our Indian allies, and increasing theh' new set- tlements in Louisania. Chief justice Morris, whose influence was very great in the house, drew tlie address in answer to tlie govcr- nour's speech, whicli contained a {Passage manifesting the confidence they reposed in him. " We believe that the sop of that worthy prelate, so eminently instrumen- tal under our glorious monarch, William the third, in delivering us from arbitrary power, and its concomitants, popery, superstition, and slavery ; has been e(hicated in, and posscMbt'S; those principles^ tliat so justly recoin* 31 .4^. 242 History of New-York, \ mended his father to the council and confidence of pro- testanl princes ; and succeeds our former governour, not only in power, hut inclination, to do us good.'* F'rom an asseinldy, impressed with such favourable sentiments, his excellency had the highest reason to ex- pect a submissive compliance with every thing recom- mended to their notice. The publick business proceed- ed without suspicion or jealousy, and nothing intervened to disturb the tranquility of the political st:Ue. Among the most remarkable acts, passed at this session, we may reckon that for a five years support ; another for lay- ing a duty of two percent, priiue cost, on the importa- tion of European goods, which was soon after inepealed by the king ; nnd a third, for prohibiting the sale of In- dian goods to the French. The last of these was a fa- vourite act of the governour's and thougli a law very ad- vantageous to the province, became the source of an mueasonable opposition against him, which continued through his whole administiation. From the conclusion of the peace of Ttrecht, a great trade was carried on be- tween Albany and Canada, for goods saleable among the Indians. The chiefs of the confederates wisely lore- saw its ill consequ* nces, and comjdained of it to tiie commissioners of iiidian allliirs,* who wrote to Air. Hun- * The irovprnour's rPSKHn«r at N^w-York, rcndcrctl it nccof p«ry llint some person- should bo coiiim'KssiiMKMl, «t Albany, toreceivj intrllimiicc from the Indiana, and treat with them upon eiiicrgeneieft. 'J'hi»i gave rise to the office of comiiii^sioriers of Indian allaiii), wlio, in geru ral, transart all such matters as mi;^l!f be done by the governour. They receive no PHJaiies, but considerable buniH xre depoKited in their hnnds for occ«lonal presents. There are regular miniiteg of llieir tnuihar- tioiis from the year 1075. These were in wparate quires, till f^lr. Alexttudcr, who burrowed them for his pvriual, in J 751, had tliini ■i.m History of New- York, 243 ofpro- srnour, )urable 1 to ex- recoin- I'oceed- ^rvcned Among we may br lay- iipoiia- ? pealed \i of 1 li- as a fa- ery ad- e of an nlinued iclii?rion I on be- among lly fore- to the •. Hun- rpury that irilipi iicc [his gave peiural, I. Thry |>ii- liaiuls trniihiir- (ill ^^ll•. Ittil tlum ler, acquainting hiin of their dissatisfaction* The letter was laid before the house, but no effectual step taken to prevent the mischief, till the passing of this act, vvliich subjected the traders to a forfeiture of the efiects sold, and the penalty of 100/. Mr. Burnet's scheme was to draw the Indian trade into our own hands ; to obstruct the communication of the French with our allies, which gave them frequent opportunities of seducing them from their fidelity ; and to regain the Caghnuagas, who l^e- came interested in their disaffection, by l>eing the car- riers between Albany and Montreal. Among those who were more immediately prejudiced by this new regula- tic)n, the importers of those goods, from Europe, were the chief; and hence the spring of their opposition to the governour. All possible arts were used, both here and at home, to preserve the good temper of the assembly. Briga- dirr • '''nter gave the ministry sucli favoural)le accounts oft! 1 mbers, that colonel Schuyler, during his presi- dentship, had orders from Mr. secretary Craggs, neither to dissolve them himself, nor permit them to be dissolv- ed ; and at the spring session, in the year 1721, Mr. liurnet informed them that his continuance of them •' »> 'W bound up in four larse volumes in folio. ITpre all our In'lian treatiet are entertnl. The books are k(pt hy a srcrefary, conmiietiionrd in Ens[lRnrl, whose appoiiitine.it is an annual salary of one htnxired pounds prorlamuliou out of the quitrents. The commandant at Oswegu it gf^ncrally a commissioner. The ofllce would probably have been mure advantageous Ih.ui it has been, if the commissioners were not trad- ers ihemsclves, than Mhich nothing 's more ignoble in the judgn'ent of the Imlians. Sir William Johnson is at present the sole conmiifsioner, and, within nine montiM after the arrival of generul Draddock, received 10,0001. sterling to secure the Indian iuterest. * .* * t as*»« 244 History of Netv-York. ,'■1 .. % was highly approved at home. Horatio Walpole, the auditor general, who had appointed Mr. Clarke for liis deputy, thought this a favourable conjuncture for pro- curing live per cent, out of the treasury. But the house were averse to his application, and, on the 2d of June, Abraham De Peyster, jun. was appointed trea!?urer by the speaker's warrant, with the consent of the governour, in the room of his father, who was infirm ; upon wliich he entered into a recognizance of 5000Z. to the king, be- fore a judge of the supreme court, for the faithful exe- cution of his trust, whicii was lodged in the secretary's office. The house, at the same time, in an address, de- clared their willingness that the treasurer should ac- count ; but utterly refused to admit of any draughts up- on the treasury, for the auditor general, who was con- strained to depend entirely upon the revenue, out of which he received about 200/. per annum. Mr. Burnet being well acquainted with the geography of the country, wisely concluded tliat it was, to the last degree, necessary to get the command of the great lake Ontario as well for the benefit of the trade, and the security of the friendship of the Five Nations, as to frustrate tlie French designs of confining the English colonies to narrow limits, along the sea coast, by a chain of forts on the great passes from ('anada to Louisania. Towards the subversion of tliis scheme, he began the erection of a trading house at Oswego, in the country of the Senccas, in 1722 ; and recommended a provision for the residence of trusty persons among them, and the Onondagas, which last possess the centre of the five cantons. This year was remarkable for a congress of several governours and commissioners, on the renewal of tlie ancient friendsliip with tlie Indianu at Albany. ■♦ tlislori/ of Nen-York. 245 Mr. Burnet prevailed upon lliem to send a message to threaten the eastern Indians with a war, unless they concluded a peace with tlie English, who were very much harrassed by their frequent irruptions. On the 20th of May, in the year following, the confederates were augmented by their reception of above eighty Nica- riagas, besides women and children, as they had been formorly, by the addition of the Tuscaroras. Tiie coun- try of the Nicariagas was on the north side Messilima- kinac, but the Tuscaroras posse-^sed a tract of land near the sources of .Tames's river, in Virginia, from whence the encroachments of the English induced them to re- move, and settle near tlie south east end of the Oneyda lake. The strict union subsisting between the several branches of the legislature, gave a liandle to Mr. Bur- net's enemies to excite a clamour against him. .Jea- lousies were industriously sown in the breasts of the people. The continuance of an assembly, after the ac- cession of a new governour, was represented as an anti constitutional project : and though the affairs of the publick were conducted with wisdom and spirit, -many were so much imposed upon, that a rupture between the governour and the assembly was thought to be absolutely necessary for the weal and safety of the community. But this was not the only stra- tagem of those who were disaffected by the fu'ohibition of the French trade. The London merchants were in- duced to petition the king for an order to his gover- nour, prohibiting the revival of the act made against it, or tlie passing any new law of that tendency. The pe- tition was referred to the board of trade, and backed before their lordships, with suggestions of the most no- torious falsehoods. The lords of trade prudently ad- 246 Hislory of New-York. vised that no sucli directions should be sent to Mr. Burnet, till he had an opportunity of answerinj^ the ob- jections against the act. They were accordingly sent over to him, and he laid them before his council. Dr. Colden and Mr. Alexander exerted themselves in a memorable report in answer to them, which drew up- on them the resentment of several merchants here, who had first excited the London petition, and laid the foun- dation for a variance between their families, which hag manifested itself on many occasions. In justice to Mr. Burnet's memory, and to show the propriety of his measiues for obstructing the French trade, I cannot re- frain the republication of the counciPs report at full length. " May it please your excellency y * Tn obedience to your excellency's commands, in council, the 29th of October, referring to us a petition of several merchants in London, presented to the king's most excellent majesty, against renewing an act passed in this province, entitled, "an act for encouragement of the Indian trade, and rendering it more etiectual to tlie inhabitants of this province, and for prohibiting the selling of Indian goods to the French :" as likewise the several allegations of the said merchants before the right honourable the lords of trade and plantations, we beg leave to make the following remarks. , " In order to make our observations the more dis- tinct and clear, we shall gather together the several assertions of the said merchants, both in their petition, and delivered verbally before the lords of trade, as to the situation of this province, with respect to the French and Indian nations ; and observe on them, in the first place, they being the foundation on which all their other allegations are grounded. Afterwards we ■^ History of New- York, 247 shall lay before your excellency what we think neces- sary to observe on the other parts of the said petition, in the order Ihey are in llie petition, or in the report of the lords of trade. * . * In their geographical accounts they say, " besides the nations of Indians that are in the English interest, there are very many nations of Indians wiio are at pre- sent in the interest of the French, and who lie between New- York and the nations of Indians in the English interest. The French and their Indians would not per- mit the English Indians to pass over l)y their forts." The said act " restrains them, (the I v^ Nations) from a free commerce with the inhabitants of New- York." " The Five Indian Nations are settled upon the banks of tlte river St. Lawrence, directly opposite to Quebec, two or three hundred leagues distant from the nearest British settlements in New -York." " They (the Five Nations of Indians) were two or three hun(hed leagues distant from All)any ; and that they couKl not come to trade with the English, but ny going down the river St. Lawrence, and from tin ncc through a lake, which brought them witliin eighteen leagues of Albany." * These things the merchants have tliought it safe for them, and consistent with their duty to his f^acred ma- jesty, to say in his majesty*s jnesence, and to rej)eat Ihem afterwards before the right honuurnble tlie lords of trade, though nothing can be more directly contra- ry to the truth. For tliere are no nations of Indians between New- York and the nations of Indians in the English interest, who are now^ six in numl)er, by the ad- dition of thtt Tuscaroras. Tiie iMolrdwkiB (called An- 248 ■: It gf- History of New- York. nies * by the French) one of the Five Nations, live on the south side of a branch oi Hudson's river, (not on the north side, as they are placed in the French maps) and but forty miles directly west from Albany, and within the English settlements ; some of the English farms, up- on the same river, being thirty miles further west. The Oneydas (the next of the Five Nations) lie likewise west from Albany, near the head of the Mohawks' river, about one hundred miles from Albany. The Ononda- gas lie about one hundred and thirty miles west from Albany ; and the Tustaroras live partly with the Oney- das, and partly with the Onondagas.f The Cayugas are about one hundred and sixty miles from Albany ; and the Senecas, (tiie furthest of all these nations,) are not above two hundred and forty miles from Albany, as may appear from Mr. De L'Isle's map of Louisania, who lays down the Five Nations under the name of fro- quois : and goods are daily carried, from tliis province, to the Senecas, as well as to tliose nations that lie near- er, by water, all tlie way, except three miles (or, in the dry seasons, live miles) where the traders carry over land between the Mohawks' river and the Wood creek, which runs into the Oneydas' lake, without going near either St. Lawrence river, or any of tlie lakes upon which the French pass, which are entirely out of their way. * The nearest French forts or settlements to Albany, are Chamldy and Montreal, both of them lying about north and by east from Albany, and are near two hun- dred miles distant from it. Quebec lies about three hundred and eighty miles nortlieast from Albany. So * / j^goieir. t De L'Isle. /./ History of New-York, 249 far is it from being true that the Five Nations are situ- ated upon tlie banks of the river St. Lawrence, oppo- site to Quebec, that Albany lies almost directly be- tween Quebec and the Five JNations. And to say that these Indians cannot come to trade at Albany, but by going down the river St. Lawrence, and then into a lake eighteen leagues from Albany (we suppose they mean lake Champlain) passing by the French forts, is to the same purpose as if they should say, that one cannot go from London to Bristol, but by way of Edinburgh. * Before we go on to observe otlier particulars, we beg lieave further to remark, that it is so far from being true, that the Indians in tlie Frencli interest, lie between New-York and our Five Nations of Indians ; that some of our nations of Indians lie betm^en the French and the Indians, from wlience the French bring the far greatest quantity of their furs : for the Senecas (whom the French call Sonontouons *) are situated between lake Erie and Cadaracqui lake, (called by the French* Ontario) near the great fall of Iagara,t by which all the Indians that live round lake Erie, round the lake of the Hurons, round the lake of the Illinois, or Michegan, and round the great upper lake, generally pass in their way to Canada. All the Indians situated upon the branches of the Missisippi, must likewise pass by the same place, if they go to Canada. And all of them like- wise, in tht'ir way to Canada, pass by our trading place upon the Cadaracqui lake, at the mouth of the Ononda- ga river. The nearest and safest way of carrying goods upon tlie Cadaracqui lake, towards Canada, being alon^ . V * IsonnontounniJ. , t Sometimes Oniagara, OchoiRgnra, but commonly JNiagara. , 32 m 250 History of New- York, :.a- the south side of that lake, (near where our Indians are settled, and our trade of late is fixed) and not by the north side and Cadaracqui, or Frontenac foil, where the French are settled. ^ •• • m-^* - <- * Now that we have represented to your excellency that not one word of the geography of these merchants is true, upon which all their reasoning is founded ; it might seem needless to trouble your excellency with any further remarks, were it not to show with what earnestness they are promoting the French interest, to the prejudice of all his majesty's colonies in North America, and that they are not ashamed of asserting any thing for that end, even in the royal presence. * First they say, " that by the act passed in this pro- vince, entitled, an act for the encouragement of the In- dian trade, &.c. all trade whatsoever is prohibited in the strictest manner, and under the severest penalties, between tlie inhabitants of New-York government, and the French of Canada." * 1 his is not true ; for only carrying goods to the French, which are proper for tlie Indian trade, is pro- hibited. The trade, as to other things, is left in the same state it was before that act was made, as it will ap- pear to any person that shall read it : and there are, yearly, large quantities of other goods, openly, carried to Canada, without any hindrance from the government of New- York. Whatever may be said of the severity and penalties in that act, they are found insufficient to deter some from can-ying goods clandestinely to the French ; and the legislature of this province are convinc- ed that no penalties can be too severe to prevent a trade, which puts the safety of all his majesty's subjects Qf North America in tiie greatest danger. *« History of New-York. 2U * Their next assertion is, " all the Indian goods have by this act been raised 25/. to 30/. per cent." This is the only allegation in the whole petition that there is any ground for. Nevertheless, though the coimnon chan- nel of trade cannot be altered without some detriment to it in tlie begiiining ; we are assured from the custom house books, that there has been every year, since the passing of this act, more furs exported from New- York, than in the year immediately before the passhig of this act. It is rit>t probable that the greatest difference be- tween the exportaf ion, any year before this act, and any year since, could so much alter the price of beaver, as it is found to be this last year. Beaver is carried to Bri- t lin fro!n other parts besides New-York, and it is cer- tain that the price of beaver is not so much altered here by the quantity in our market, as by the demand for it in Britain. But as we cannot be so well informed here, what 5ccasions beaver to be in greater demand in Bri- tain, we must leave that to be enquired after in England. However, we are fully satisfied that it will be found to be for very different reasons from what the merchants alledge. -- -■ -., '-^^ . „■'': ■-:■ .,, .:^,«: .. * The merchants go on and say, " w^hereas, on the other hand, this branch of the New- York trade, by the disf:ouragements brought upon it by this act, is almost wh )Ily engrossed by the French, who have already, by this act, been encouraged to send proper European goods to Canada, to carry on this trade, so that should this act be continued, the New- York trade, which is very considerable, must be wholly lost to us, and cen- ti e in the French. — Though New-York should not fur- nish them, the French would find another way to be supplied tlierewith, eiihei from some otheiOihis majeg- 252 History of New- York, if' III ty's plantations, or it misjht be directly from Europe. — Many of the goods, which the Indians want, being as easy to be had directly from France or Holland, as from Great Britain." * This is easily answered, by informing your excel- lency that Ihe principal of the goods proper for the In- dian market, are only of the manufactures of Great Bri- tain, or of the Brhish plantations, viz. strouds, or stroud- waters, and other woollens, and rum. — The French must be obliged to buy all their woollens (the strouds especially) in England, and thence carry them to France, iq order to their transportation to Canada. * The voyage to Quebec, through the bay of St. Law- rence, is well known to be the most dangerous of any in the world, and only practicable in the summer months. The French have no commodities in Canada, by reason of the cold and barrenness of the soil, proper for the West-India markets ; and therefore have no rum but by vessels from France, that touch at their islands in the West-Indies. New- York has, by reason of its si- tuation, both as to the sea and the Indians, every way tlie advantage of Canada. The New-York vessels make always two voyages in a year from England, one in summer, and another in winter, and several voyages in a year to the West-Indies. It is manifest, therefore, that it is not in the power of the French to import any goods near so cheap, to Canada, as they are imported to New- York * But to put this out of all controversy, we need on- ly observe to your excellency, that strouds (without wliicli no considerable trade can be carried on with the Indians) are sold at Albany for 10/. a piece : they were $old at Montreal, before this act took place, at 13/, %s. History of New-York, Qd. and now (licy are sold there for 25/. and upwards ; wliich is an evident proof that the French have not in these four years lime (durinj; the continuance of this act) found out any other way to supply them&elves with sii(»uds ; and likewise that they cannot trade without them, seeincf they buy them at so extravagant a price. * It likewise appears that none of the neighbouring colonies have been able to supply the French with these jToods, and those that know the geography of the coun- try, know it is iin])racticable to do it at any tolerable rale, because they must carry their goods ten times fur- ther by land 1 han we need to do. * We are likewise assured thatth* merchants of Mon- treal lately told Mr. Vaudreuil, their governour, that if the trade from Albany be not by some mearn or other encouraged, they must abandon thai settl .nent. We have reason, therefore, to suspect that these mrr^ Lants (at least some of them) have been practJ'^et^ upon by the French agents in London ; for no dou'it the French will leave no method untried to defeat tiie present de- signs of this government, seeing they are more afraid of the consequences of this trade between New- York and the Indians, than of all the warlike expeditions that ever were attempted against Canada. * But to return to the petitioners. " They conceive nothing can tend more to the withdrawing the affections of the Five Nations of Indians ft iii the English inter- est, than the continuance of the said act, which in its ef- fects restrains them from a free commerce with the in- habitants of New-York, ui ,d may too probably estrange them from the English interest ; whereas by a freedom of commerce, and an encouraged intercourse of trade with the French and their Indians, the English interest might, in time, be greatly improved and strenghtened " 4- 254 History of New-York, 'I '\^^l \%'' [#'. n I,;., * It seems to us a strange argument to say that an act, the whole purport of which is to encourage our own people to go among the Indians, and to draw the far Indians through our Indian country to Al- bany (and which has truly produced these ettects) would, on the contrary, restrain them from a free commerce with tlie inhabitants of JNew-York, and may too probably estrange them from the English interest ; and therefore tliat it would be much wiser in us to make use of tlie Frencli, to promote the English interest ; and for wliich end, we ought to en- courage a free intercourse l)etween them and our In- dians. The reverse of this is exactly true, in the opin- ion of our Five Nations; who in all their publick trea- ties with this government, have represented against this trade, as the building the French forts witli English strouds : tliat tlie encouraging a freedom of commerce with our Indians, and tlie Indians round them, who must pass through their country to Albany, would certainly increase both the English interest and theirs, among all the nations to the westward of them ; and that the car- rying the Indian market to Montreal in Canada, drauSJ all the far Indians thither. * The last thing we have to take notice of, is what the merchants asserted before the lords of trade, viz. " that there has not been half the quantity of European goo(l8 exported since the passing of this act, that used to be." — * We are well assured, that this is no better grounded than the above ftictsthey assert with the same positive- ness. For it is well known, almost to every person in New-York, that there has not been a less, but ratli<"r, a greater, quantity of European goods imported into this place, since the passing of this act than was at any time before it, in the same space of time, As thiB ap- History of New-York. 2r)j pears by the nianifesls in the custom house here, the same may likewise be easily proved by the custom house books in London. ' * As all the arcfuments of the merchants run upon the ill effects this act has had upon the trade and the minds of the Indians, every one of which we have shown to be asserted without the least foundation to support them; there n( thing now remains but to shew the goodettecta this act lias ])roduced, which are so notorious in this province, that we know not one person that now opens his mouth against the act. * Before this act passed, none of tne people of this province travelled into the Indian countries to trade. We have now above forty young men, who have been several times as far as the lakes a trading, and thereby become well acquainted, not only with the trade of the Lilians, but likewise with their manners and languages; and those have returned with such large quantities of fill's, that greater numbers are resolved to fcdlow their example ; so that we have good reason to hope, that in a little time, the English will draw the whole Indian trade of the inland countries to Albany, and into the country of the Five JVations. This governmi'nt has built a publick trading house upon Cadaracqui lake, at Iron- deqnat, in the Senecas' land, and another is lo be built, next spring, at the ukmiIIi of the Onondagas' river. All the far Indians pass by these places, in their way to Canada; and they are not above halfsofai from the English settlements, as they are from the French. * So far is it from being true what tiu; merchants snv, "That the French f(irts interrupt all communication hrtween the Indians and the English ;" that if the>«e places i)i> well HUppoitod, a^ they ea^^ily can bo irom 256 History of Nav-Yorlc. our seitleinents, in case of a rupture with the French, it will be in tlie power of lliis province to intercept the greatest part of tlie trade between Canada and tlie In- dians round the lakes and the branches of tlie Missisip- pi. — Since this att passed, many naiians liave come to Albany to trade, in peace and friendshi]), whose names had not so much as been heard of among us. In the beginning of May, 1723, a nation of Indians came to Albany, singing and dancing, witli their cahimets he- fore them, as tliey always do when they come to any place where tiiey have not been before. We do not find that the commissioners of Indian aflairs were able to inform themselves what nation this was* * Towards the end of the same month, eighty men, besides the women and children, came to All)any, in the same manner. These liad one of our Five Nations witli them for an interpreter, by whom they informed the commissioners that they were of a great nation, called Nehkereages, consisting of six castles and tribes ; and that they lived near a place called by the French Mis- simakinah, between the upper lake and the lake of the f'k^ Hurons. These Indians not only desired a free com- merce, but likewise to enter into a strict leagu»» of friend- ship with us and our Six Nations, that they might he accounted the seventh nation in the league, and being received accordingly, they left their calumet as a pledi^f* of their fidelity. — In June another nation arrived, but from what part of the continent we have not learned. * In July, the Twightwies arrived, and brought an In- dian interpreter of our nations with them, who told, that they were called by the French, Miamies, and that they live upon one of the branches of the river Missisippi. — At the same time some of the Tahsaijrondie Indians, h History of New- York. 257 French, rcepl the id the In- Missiaip- ) come to se names i. In the came to imets be- ne to an) e do not were able rlity iTien, iny, in the tions with irmed the on, called ihes ; and nch i\lis- ke of the free coui- of friend- might be |nd being a pledge rived, but earned, jlit an In- |told,tlmt Lhat they [iisippi.— Indiana. who live between lake Erie and the lake Hurons, near a French settlement, did come and renew their league with the English, nor durst the French hinder them. — In July, this year, another nation came, whose situation and name we know not ; and in August and Septem- ber, several pa'tK ., of the same Indians that had been here last year ; but the greatest numbers of these far Indians have been met this year in the Indian country by our traders, every one of them endeavouring to get before another, in order to reap the j)roiits of so advan- tageous a trade, which has, all this summer long, kept about forty traders constantly employed, in going be- tween our trading places, in our Intlian country, and A|])any. * All these nations of Indians, who came to Albany, said that the Frencli had told them many strange sto- ries of the Knglish, and did what they could to hinder tiieir coming to \lbany, but that they had resolved to break through by force. The ditlerence on this score between the Tahsagrondie Indians and the French (who have a fort and settlement there, called bv them Le I)e- troh) rose to that height, this summer, tliat Mr. Tonti, who commanded there, thought it proper to retire, and return to Canada with many of his ui'mi. * We are, for these reaoons, well assured, tliat this year there will be more beaver exported fv»r Clre.d Bri- tain, than ever was from this province in one year ; and that if the custom house books at Loiidon bu lof»ked into it will be found that there will bo a far greater cpi.uiti- ty of goods for the Indians (stroudsespn iaily) sent over next spring, than ever was at any one tiiu' * i*>is pro- vince. For tlie merchants here tell us, that tlv^y have at this time ordeied more of these good* than ever waa Uonc at any one tunc before. , 33 258 History of New- York: rr^^ [I * These matters, of fact prove, beyond contradiction, that this act has been of the greatest service to JSrw- York, in making us acquainted witli many nations of Indians, formerly entirely unknown, and strangcis to us ; withdrawing them fromtljeir dependence upon the French, and in uniting them to us and our Indians, by means of trade and mutual oflices of friendship. — Of what great consequence this may be to the British in- terest in general, as to trade, is apparent to any body. It is no less apparent, likewise, that it is of the greatest consequence to the safety of ail tlie Brifish colonies in Worth America. We feel, too sen^^ibly, the ill eiiects of the French interest in the present war bt.wixt Neu- England, and only one nation of Indians supported by the French. Of what dismal consequences tljen might it be, if the French should be able to influence, hi the same manner, so many and sudi numerous nati<»nb, as lie to the westward of this province, Pennsylvania and Maryland? On the other hand, if all these nations (ulio asseil their own freedom, and declare themselves friends to those that «hi('h, l)ecause i( had no small influence (ui the pu'dit k allairs of tin* ijo- vernment, I shall lay Ixfore the reader a short account. w^ ■ » History of New- York. 261 The persecutions in France, which ensued upon the revocation of the edict of Nantz, drove the protectant subjects of Louis X[V, into the territories of otlier princes. Many of them fled e^^en into this province : the most opulent settled in the city of J\ew-York ; others went into the country and planted New Rochelle, and a few seated themselves at the New Paltz, in Ul- ster county. Those who resided at New-York soon ei'^cted a church, upon the principles and model of that in Geneva ; and by their growth and foreign acces- sions, formed a con;L!;regation, for numbers and riches, superior to all but the Dutch. They had two ministers ; Kou, the first called, was a man of learning, but proud, pleasurable, and passionate. Moulinaars, his colleague, was most distinguished for his pacifick spirit, dull parts, and unl)lameal)le life and conversation. Rou de^oised his fellow labourer, and for a long time commanded the whole congregation, by the superiority of his talents for the pulpit. The other, impatient of repeated affronts and open contempt, raised a party in his favour, and this year succeeded in the election of a set of elders, disposed to humble the delinquent. Hou being suspi- cious of the design, refused to r.cknowledge them duly elected. Incensed at this conduct, they entered an act in their minutes, dismissing him from the pastoral charge of the church, and procured a ratification of the act un- der the hands of the majority of the people. Governour Burnet had, long before this time, admitted Rou into his familiarity, on the score of his learning ; and that consideration encouraged a petition to him, from Ron's adherents, complaining against the elders. The mat- ter was then referred to a committee of the council, who adyised that the congregation should be adnionish- im 1* 262 History of New-York, ed to bring llieir differences to an amicable conclusion* Some overtures, to that end, were attempted ; and the elders offered to submit the controversy to the Dutch ministers. But Rou, who knew that the French church in this country, without a s}nod was unorganized, and could not restrain him, chose rather lo bring his bill in chancery before the governour. Mr. Alexander was his council, and Mr. Smith,* a young lawyer, of the first reputation as a speaker, ap- peared for tlie elders. He pleaded to the jurisdiction of the court, insisting that the matter was entirely ec- clesiastical, and, in the prr)secuti<)n of his argument, en- tered largely into an exauiination of the government of the prottstant churches in France. According to which he showed that the consistory were the proper judges of the point in dispute, in the first instance ; and that from thence an appeal lay to a collogue, next to a pro- vincial, and last of all to a national synod. Mr Burnet nevertheless over ruled the plea, ancl the defendants, be- ing fearful of a decree, that might expose their own es- tates to the payment of Ron's salary, thouglit it advis- able to drop their debates, reinstate the minister, and leave the church. AH those who opposed Rou were disobliged with the governour : among these Mr. De Lancey was the most considerable for his wealth and popular influence. He was very rigid in his religious profession, one of the first builders, and by far tlie most generous benefactor of the French church, and therefore left it with the utmost * These wenllemen came into the colony in the siime phip, in 1715* The Ijitter was b«>rn at Newport Pajrnel, in Biickin^hamshiie. Thoy vrere amctnjs; the prinripal agents in the political struggles during the admittistratioo of colonel Cosby. "♦ \ History oj New- York, 26!) reluctance. IMr. Burnet, before this time, Im'l consi- dered him as his enemy, because he had opposed tlie pro- hibition of the French trade ; and this led him into a step, wliich, as it was a personal indi^^nity, Mr. De Lan- cey could never recollect without resentment. This gentleman was returned for the city of iVew-York, in the room of a deceased member, al tlie uieetinsf of (he assembly in September, 1725, When he otFered hifuself for the oaths, Mr. Turnet asked liim how he became a sul)ject of the crown ? He answered, that he was denized in England, and his excellency dismissed hhn, taking lime to consider the matter. Mr. J3e Lancey then laid before the house an act of a notary pul>lick, certifying that lie was named in a patent of denization, granted in tlie reign of .lames the second — A patent of tlie same kind, under the great seal of this province, in 168G — And two certificates, one of his having taken the oath of allegiance, according to an act passed here, in 1683, and another of his serving in several former assemblies. The governour, in the mean lime, consulted the chief justice, and transmitted his opinion* to the house, who resolved in favour of Mr. De Lancey. Several other new representatives came in, at this session, upon the decease of the old members ; and Adolpii Philipse, who was some time before dismissed from the council board, was elected into the speaker's chair, in the absence of Mr. Livingston. The majority, however, continued in the interest of the governour ; and consented to the re- * What cnlonel Morris' opinion was T have not bren able to disco- ver. Governour Burnetts conduct was thought to be unconstitutional, an I !in iny;i!>ion of the ri&;hi8orth'' assembly, who claim the cxctuaivp {privilege ol' deieraiiuio^ the qualificatiuos of their own aiciubt rs. 264 History of New- York. vival of the several acts whicli bad been passed for pro- hibiting the French trade ; whicli, in spite of all llie re- straints laid upon it, was clandestinely carried on by the people of Albany. Oswego, nevertheless, grew consi- derable for its commerce: fifty-seven canoes went there this summer, and returned with seven hundred and thir- ty eiglit packs of beaver and deer skins. Nothing could more naturally excite the jealousy of the French than the erection of the new trading house at the mouth of the Onondaga river. Fearful of losing a profitable trade, which they had almost entirely en- grossed, and the command of the lake Ontario, they launched two vessels in it in 1726, and transported mate- rials for building a large storehouse and repairing the fort at Niagara. The scheme was not only to secure to themselves the entrance into the west end of the lake, as they already had the east, by the fraudulent erection of fort Frontenac, many years before ; but also to carry their trade nioie westerly, and tin-* ren- der Oswego useless, by shortening the travels of the western Indians near two hundred miles. Baron de Longueil, who had the chief command in Canada, on the > death of the marquis de Vaudreuil, in October, 1725, was so intent upon this project, that he went, in person, to the Onondaga canton, for leave to raise the store- house at Niagara : and as those Indians were, most of all, exposed to the intrigues of tlie Jesuits, who con- stantly resided amongst tliem, he prevailed upon them, by fraud and false representations, to consent to it, for their protection against the Pjiglish. But as soon as this matter was made known to the other nations, they declared the ()ermission granted by the Onondagas to be absolutely void ; and sent deputies to Niagara, with History of New-York, Si65 a message, signifying that the country in which they were at work, belonged solely to the Senecas ; and re- quired them immediately to desist. The French, not- withstanding, were regardless of the embassage, and pushed on their enterprise with all possible dispatch, while Joncaire exerted all his address among the Indians to prevent the demolition of the works. Canada was very much indebted to the incessant intrigues of this man. He had been adopted by the Senecas, and was well esteemed by the Onondagas. He spoke the Indian language, as Charlevoix informs us,"avec la plus sublime eloquence Iroquoise," and had lived among them, af- ter their manner, from the bginning of queen Anne*8 reign. All these advantages he improved for the inte- res^t of his country ; he facilitated the missionaries in their progress through the cantons, and more than any man contributed to render their dependence upon the English weak and precarious. Convinced of this col- onel Schuyler urged the Indians, at his treaty with them, in 1719, to drive Joncaire out of their country, but his endeavours were fruitless.''^ - ^ The Jesuit Charlevoix does honour to Mr. Burnet, in w declaring that he left no stone unturned io defeat the French designs at ISiagara. Nor is il, much to be won- dered at. For besides supplanting his favoinite trade at Oswego, it tended to the defection of the Five Na- tions ; and in case of a rupture, exposed the frontiers of our southern colonies to the ravages of the French and * The same thing has since been frequently laboured, but to no pur- pose. His son continued Uie course ol" intrigues begun by the father, till general Shirley, while he was at Oswego, in 1755,|^reviui6d upoa the Senecas to order tiim to Canada. u m 266 fJistory of New-York, Ibeir allies. Mr. Burnet, upon whom these considera- tions made the deepest impression, laid the matter be- fore the house, remonstrated against the n? octed'mgs to Longuiel, in Canada, wrote to the mini^^ v>- \r\ Kngl ird, who complained of tliem to the French ^t.Uit, and met the confederates at Albany, endeavouring to convince them of the danger they themselves would be in, from an aspiring, ambitious neighbour. He spoke first about the atlair privately to the sachems, and afterwards, in the publick conference, informed them of all the en- croachments which the French had made upon their fathers, and the ill usage they had met with, according to La Potherie's account, published w itli the privilege of the French king, at Paris, in 1722. He then re/* ind- ed them of the kind treatment they had received from the English, who constantly fed and clothed them, and never attempted any act of hostility to their preju- dice. This speech was extremely well drawn, the thoughts being conceived in strong figures, particular- ly expressive and agreeable to the Indians. The go- vernoiu' required an explicit declaration of their senti- H ments concerning the French transactions at Niagara, and their answer was truly categorical. " We speak now in the name of all the Six Nations, and come to you h(^wling. This is the reason why we howl, thai the governour of Canada encroaches on our land and builds thereon." After which they entreated him to "IV rite to the king for succour. Mr. Burnet embraced this favourable opportunity to procure from them a deed surrendering their country to his majesty, to be pnjtected for their use, and confirming their grant in 1 701, concerning wliicli tliei« was only an entry in the *i^ •i^f^' Hislary of New- York, 267 books of the secretary for Indian aflairs.* It happened, very unfortunately, that his excellency's hinds were then more weakened than ever, by the growing disaf- fection in the house. The intrigues of his adversaries, and the frequent deatlis of the members, had introduc> d such a chanoe in the assemblv, tliat it was with ditticul- ty he procured a tln-ee years support. The clamours of the people ran so hii^h, with »ut doors, for a new election, tliat he was obliged to dissolve the huuse, and soon after another dissolution ensued upon the death of the king. The French, in the mean time, completed their works at Niagara, and Mr. Burnet, who was un- able to do any thing else, erected a fort, in 1727, for the protection of the post and trade at Oswego. This necessary undertaking was pregnant with the most hn- portant consequences, not only to this, but all our colonies ; and though the governour's seasonable ac- tivity deserved the highest testimonials of our grati- tude, I am ashamed to confess, what I am bound to re- late, that he built the fort at his private expense, and that a balance of above /iO/. principal, though frequent- ly demanded, remains due to liis estate to tliis very day. * Besides tlie tcrvitorips at the west end of lake Erie, and on the north si 'e of that, and the lake Ontario, which were ceded, in 1701, Uie Indians now granted, for the same purpose, all their habitations from Oswego to Cayahoga river, which disembojsiies into lake Erie, and the country extending sixty miles from the soulhermost banks of those lakes. Though the first surrender, through negligence, was not made by the execution of a formal deed under seal ; yet as it wa^; transacted with all the solemnity of a treaty, and as the second .surren- der confirn^s the first, no intermediate possession by the French can prejudice the British title derived by the cession in 170 K m History of New-York, Beaiiharnois, the j(overnour of Canada, who siiper- geded Lonajuiel, was so incensed at the building of the fort, that he sent a written summons, in July, to the, officer posted there, to abandon it ; and though his pre- decessor liad done the same, a little before, at Niagara, in the country of the Senecas, the acknowledged sub- jects of the British crown,* yet with a singular ellron- tery, he dispatched de la Chassaigne, a man of parts, and governour of Trois Rivieres, to New-York, with the strongest complaints to Mv. 15urnet upon that head. His excellency sent him a polite, but resolute answer, on the eighth of August ; in whicii lie refuted the argu- ments urged by the I^icnch governour general ; and remonstrated against the proceedings of the last year at Niagara. The new assembly met in September, 1727, and con- sisted of mefn!)ers all ill alllrted to 'he governour. The long conthiuance of the la 1. the clamours which were ^' •!• * ThoH{(li tlie'soverripnly over llie Five Nations was cpflcn to Crcjil Britain, and Cliaiicvoix irmisieir had arknowlodm^d that Niagara s iras part of their country, yvX the pious jtsuit applauds the French settlement there, which was so iiianiresl an inrraclion of tlie treaty of lltrocht. The marquis dn Nonvillc, in liis hiter to the ctiurt of France, in ItHJU, propose*! the erection of a fort there, lo secure the communication with the lakes, and dej)nve us of a trade which he comptited to l)e Morth 40(),()0() francs per annum. Charlevoix, per- haps, considered t'u'se advanta^jes Hullicienl to justify the violation of publick faith ; reasotjinj; upon tlie principles of h; chevalier de Cal- lieres, who tliought the legality of tMakiug a comjuest of New-York, (hiring tlie strict peace in James lid's reign, might he inferrerac- lise b» ing contemned by all gentlemen of emhieiice la the professiiHi, We are now come to the close of IVIr. I^nrnet's ad- ttiinistration, when he was appointed to tlie chief com- mand of the Massachusetts' Bay. Though we never Lad a governour to whom thti colony is so nnuh indiht- cd as to him; yet th«j inducrKe of a faction, in the judgment of some, rendered his removal necessary for the pidtliek tran«• History J ITav-York, 271 as a most fortunate e eni and till the ambitious de- sii^ns of the French ir^, with respect to Americ^^ awakened our atte licn to the ufent^ral welfare, Mr, Burnet's administration was as little esteemed as thai of the meanest of ids predecessors. He was very fond of New-York, and left it with re- luctance. His marriant oit the ^oca- lypse, he exposii.l himscIC, as o'her Icarntid mel^ave before him, to tlie criticisms of tho-e wholmve not abil- ities to write half so well. .John iMontgomerie, esrj. received tlic great seal of this province, froju Mr. Burnet, on the !. "it h of April, 1 7211, having a commission to supersede him here and i:i New-Jersey. The council board consisted of, Mr. Walters, Mr. Alexander, Mr. Vdu Dam, Mr. Morris, jnn. Ml. I^arbarie, Mr. \ an Home, Mr. ( larke, Mr. Provoost, IVIr. HarriHon, I^lr. l/ivingston, Dr.CuKien, Mr. Kennedy. 272 History of New-York, n The governoiir was a Scotch gentleman, and bred a soldier ; but, in the latter j)art of his life, he had little concern with arms, having served as groom of tlie bed- chamber to his present majesly, before his accession to the throne. This station, and a s(^at he had in parlia- ment, paved the way to l.!i preferment in America. In his talents for government he was much inferiour to his predecessor, for he had neither strength nor acuteness of parts, and was but little acquainted with any kind of literature. As in the natural, so in the political world, a violent storm is often immediately succeeded hy a peaceful calm ; tired by the mutu:il struggles of party rage, every man now ceased to ac t under its influence. The governour's good iiumour too, exting'dishetl the flames of contention, for being unal)le to plan, lie had no })ar- ticular scheme to pursue ; and thus by confining him- self to the exercise of the common acts of goverriiuent, our i^blick ailairs flowed on in a peaceful, uninterrupt- ed, swbam. ^ The reader >vill, for this reason, find none of those events in colonel Montgomerie's short administration, which only take* rise under the superintendency of u man of ext(;nsive views. Indeed I •' d(;voted himself so much to his ease, that he has scarce h'ft us any thing to perpetuate the rememlirarice of his time. The two rocks, upon which the publick trancpiility was shipwrecked in the late admi^i^t^ation, he carefully avoided ; for he dissolved the assembly, called by his predecessor, before they had ever been ccMiveiud : and as to the chancery he himself countenanced the cla- mours against it, by (hdinini'; to sit, till enjoined to exercise the office of chancell<»r by special orders from // History of NenhYork* 213 Enffland. He then obeyed tlie command, but not with- out discovering his reluctance, and modestly confess* in<( to the practisers that he tliought hijnself unqualifi- ed for the station. Indeed the court of chancery was evidently his aversion, and he never gave a single de- cree in it, nor more ihan i hree orders ; and these, both as to matter and form, were, fust settled by the counsel concerned. Mr. Philipse was chosen speaker of the assembly, whit h met on the 2:3d of .luly, and continued sitting, in perfect harmony, till autumn. After his excellency had procured a five years support, and several other laws to his mind, of less considerable moment, he went up to Albany, and, on the 1st of October, held a treaty with fhe Six Nations, for a renewal of the ancient covenant. He gave them great presents, and engaged them in the defence of Oswego. Nothing could be mure seasonable than this interview ; for tlie French, who eyed that im- portant garrison, and our increasing trade there, with the most restless jealousy, ])repared, early in the spring following, to demolish the works. Governour Burnet gave the first intelligence of tiiis design, in a letter to colonel Montt^omerie, (hited at Boston, the 31sl of March, }7'29, The garrison was thereupon immediate- ly reinforced by a deiarhraenl from the independent coii.panies ; which, togeiher with the declared resolu- ti.»n of the Indians, to protect the foH, induced the French to desist from the intended invasion.* r I'* -I f nt • From tha< time, to \hc year 1754, this gnrriBon was guarded only by a limteaani and five am) hreu»y nu-n. Oenrral l?hiil«'j't. pHitiug froiti (he forces det$liut'd ugaiiis^ t'urt dii CiueKiic, and proceeding with .4 .1. .le ttioiy io Oswego, in 1766, was eKlrtmely furtunale to uuicul- uu History of New- York, Thus far our Indian affairs appeared to be luider a tolerable direction ; but these fair prospects were soon obscured by the king's repealing, on tlie llth ol" De- cember, 1729, all the acts which Mr. Burnet, with so much labour and opposition, procured for the proliihi- tion of an execrable trade between Albany and Mont- real. To whose intrigues this event is to \te ascribed, cannot be ceiiainly dt terniined. But that it was preg- nant with the worst consequenceji, time lias su(Ii(iently evinced. Nothing could more naturally tend to under- mine the trade at Oswego, to advance tiie Frencli com- merce at Niagara, to alienate the Indians from their fidelily to (Ircat Britain, and parti( ularly to rivet tlie defecti<>n of the Caghnuagas. For llitse, residing on the south side of St. Lawrence, neai i\ oi ro.sile to Mont- real, were employed by the French as ihtir carriers ; and thus became interested agali.st us, by nuktives of the most prevailing nature. One would imagine thai aftfrall the attention bestowed on this alliiii in the late administration, the objections asrainst this trading inter- course with Canada must have been obvious to the meanest capacity ; and yet so astonishing has been our c« nduct, that from the time Mr. Burnet removed to Boston, it has rallier been encouraged than restrained. This trad';, indeed, was subject to duties ; but that a( Usv\ego always was, and still is exposed to tiie same trf. 9 r \^ onfiai ; ilir Frenrli brinp difii lvni of lliHt |K»sl. Bes'-i's tlir vcohcU I»uii( lied thrrr, to b«rurr the coi«iinHn regard ran had tu any tiling; besides the pkattunttKt'R oi Uic proitpcct. History of New-York, 275 incumbrance ; wliile the French trade, in the interval between the years 1744 and 1750, was perfectly free : and as the duty, by the law then made, is laid only on ^oods sold in the city and county of Albany, the tradf^- to eli'le the act, is only exposed to the trouble .jI transporting his merchandise beyond the scant district of the city ascertained in the charter. But how much soever our inattenticm to this matter may deserve cen- sure, I cannot, in justice to my countrymen, help ob- servinaf, that from the severest sciutiny I could make, our people are free from the charge of sellinj^ ammu- nition to the French, which has so unjustly exposed the inhabitants of Albany to the odium of all the colonies in :\ew Enj^land.* The year 173) was distinguished only by the com- plete settlement of the disputed boundary between this province and the colony of Connecticut. An event, con- sidering the late colonizing spirit and extensive claiuis of the people of New-England, of no small importance, and concerning which it may be proper to give a suc- cinct account. The partition line agreed upon, in 1664, being con- sidered as frau(hdenl, or erroneous ; a second agree- ment, suspended only for the king's and the duke's ap- probation, was concluded, on the 23d of November, '1083, between colonel Dongan and his (ouncil, and Robert Trent, esq. tlu :i governoiUM f Connectit iit, and fieveral other couimisaioners appointed by that colony. * K.ver Mncc the year 1720, Hie sale of amm and nmnuinition to the Frrnoli has been exempt both from duties aiiH a prr hibition ; Mliich I attribute to the coiifulcuce ot the government that the calumny is en- tirely Rvonndh??. . 276 History of New-York, I ^1 The line of partition then agreed to be established, wag to begin at the mouth of Byram brook, " where it falleth into the sound, at a point called Lyon's point, to go as the said river runnetJi, to the place where the common road, or wading place, over the said river is ; and from the said road or wa r[ ui . , 1 Pfi' M P^ . ■■' ij ih-. 2i I'll3 *' Yorli, as an equivalent for lands near the sound surreu- dered to Connecticut.* * * The very day after the surrender, made by that col- ony, a patent passed in London to sir Joseph Eyles and others, intended to convey tlie whole oblonfij. A grant posterior to the other was also regularly made here, to Hauley and company, of the greatest part of the same tract, which the British patentees broaj^jhta bill in chan- cery ta repeal. But the defendants filed an answer, con- tainitig so many objections against the English patent, that the suit remains still unprosccuted, and the vViiie- rican proprietors have ever since held the possession. IVIr. flarison, of the council, solicited this controversy for sir.losepli Eyles and his partners, which contributed, in a great degree, to the troubles, so remarkable, in a succeeding administration. Governour Montgomerie died on the 1st of July, 1731 ; and being a man of a kind and humane disposi- tion, his death was not a little lamented. The chief com- mand then devolved upon Rip Van Dam, esq. he being the oldest counsellor, and an eminent merchant, of a fair estate, though distinguished more for the integrity of his heart, «han his capacity to hold the reins of govern- ment. He took the oaths before, Mr. Alexander, Mr. De Lancey,t Mr. Van Home, Mr. Courtlandt. Mr. Kennedy, * See Douglas* late plan of the British dominions of New-Englaiul. f This gentleman, being a youth of fine parto, was called up to the council board on the 26th of Januaiy, 1 720, just ailer his return from the university. Mr. Morris, jnn. was suspended on the same day, for words dropped in a dispute relating to the governour's drafts upon iht reveoue. h -I History of New-York. 279 This adminisi ration is unfortunately signalized by the •memoiahle encroachment at Crownpoint. An enemy tles|>ise(l at first for his weakness, generally grows for- midable for his activity and craft. This observation is true, applied to private persons, religious sects, or pub- lick states. The French, in Canada, have always been jealous of tlie increasing strength of our colonies ; and a motive of fear led them, naturally, to concert a regu- lar system of conduct for their defence. Confining us to scant limits along the sea coast, is the grand object they have long had in view ; and seizing the important passes from Canada to Louisania, seducing our Indian allies, engrossing the trade, and fortifying the routes into their country, were all per expedients towards the execution of their plan. By erecting fort 8t. Fred- erick, they secured the absolute command of lake Cham- plain, through whicli we must pass, if ever a descent be made upon Canada, either to conquer the country, or harrass its out settlements. The garrison was, at first, situated on the east side of the lake, near the soutli end; but was afterwards built upon a commodious point on the oppo^ite side. Of all their infractions of the treaty of Utrecht, none was more palpable than this. The country belonged to the Six Nations, and the very spot, upon which the fort stands, is included within a patent to Dellius, the Dutch minister, of Albany, granted under the great seal of this province in 1696. Besides, nothing could be more evident than the danger to which it ex- poscid us. Through this lake tiie French parties made their ancient bloody incursions upon Schenectady, the Mohawks* castles, and Deerfield ; and the erection of this fort was apparently adapted to facilitate the inroads nfthe enemy, upon the frontiers of the colgnies of ■M. ^4 IMAGE EVALUATION TEST TARGET (MT-S) k // •{< J/. i z I A y^ 128 |25 ^ jjiU |22 1.1 f.-^KS 11:25 i 1.4 1.6 Hiotographic ^Sciences Corporation 33 WIST MAIN STMIT WnSTH.N.V. MSM (7U)l7a-4S03 y. <" 280 History of New- York. New- York, Massachusetts Bay, and New-Hampshire. For it served not only as an asylum to fly to after the perpetration of their inhumanities, but for a magazine of provisions and ammunition ; and though it was much above 120 miles from the very city of Albany, yet by the conveyance through Sorel river and the lake, it may be reinforced from Montreal in three or four days.* The Massachusetts government foresaw the dangerous consequences of the French fort at Crownpoint, and governour Belcher gave us the first information of it, in a letter from Boston to Mr. Van Dam. He inform- ed him of the vote of the general court, to bear their propoition of the charge of an embassage to Canada, to forbid the works, and pressed him to engage the oppo- sition of the Six Nations. Van Dam laid the letter be- fore his council, on the 4th of February, 1732 ; who, with singular calmness, advised him to write to the com- missioners of Indian affairs, at Albany, ordering them to enquire whether the land belonged to the confede- rates or the River Indians. That Mr. Van Dam ever wrote to the commissioners, I have not been able to dis- cover ; nor whether any complaint of the encroachment was sent home, according to the second advice of coun- cil on the 11th of February ; who, besides the first step, * The present fort at CrownpoiDt is safd to be a square with four bastions, and a high castle within the walls. It has no ditch, but is strengthened by a in^loubt, and mounts six and thirty small cauaon. While the colony forces, consisting of about lour thousand militia, Uy %t lake Oeorge, employed in erecting fort William Henry, in 1 755, the French threw up an advBnced work at Ticnndcrosia, near the northeast end of lake George ; an important pass, about sixteen miles to the southward of fort Frederick* History of New-York, '! : ; 281 •were now pleased to recommend his transmitting go* vernour Belcher's letter and the Boston vote to the se^ veral southwestern colonies. The passiveness we discovered, on this impudent and dangerous invasion of his majesty's rights, is truly astonishing , and the more so, as the crown had, at that time, four independent companies, which had long been posted here for our protection, at the annual expense of about 7500/. sterling. A very good scheme, in some measure, to repair this shameful misconduct, was after- wards projected, by settling the lands near lake George, with loyal protestant Highlanders from Scotland, Cap- tain Laughlin Campbel, encouraged by a proclamation to that purpose* came over in 1737, and ample promises were made to him. He went upon the land, viewed and approved it ; and was entreated to settle there, even by the Indians, who were taken with his Highland dress. Mr. Clarke, the lieutenant governour, promised him, in a printed advertisement, the grant of 30,000 acres of land, free from all but the charges of the survey and the king's quitrent. Confiding on the faith of the go- vemmentj captain Campbel went home to Isla, sold his estate, and, shortly afterj transported, at his own ex- pense, eighty-three protestant families, consisting of four hundred and twenty-three adults, besides a great number of children. Private faith and publick ho- nour loudly demanded the fair execution of a pro- ject, so expensive to the undertaker and beneficial to the colony. But it unfortunately dropped, through the sordid views of some persons in power, who aimed at a share in the intended grant ; to which Campbel, who was' a man of spirit, would not consent* Captain Campbel, atl^rwards, made an attempt to tedr«N hioDM^lf, by an application to tli9 aiseuubly here; 36 ■k 282 History of New- York. and then to the board of trade in England. The first proved abortive, and such were the difficulties attending the last, that he left his colonists to themselves ; and, with the poor remains bf his broken fortune, purchased a small farm in this province. No man was better qualifi- ed than he, for the business he had engaged in. He had a high sense of honour and a good understanding : was. active, loyal, and of a military disposition. For, upon the news of the late rebellion in Scotland, he went home ; fought under the duke, returned to his family, and soon after died ; leaving a widow and several chil- dren, who still feel the consequences of his disappoint- ments. Mr. Van Dam finished his administration, on the 1st of August, 1732 ; when William Cosby, esq. arrived, with a commission, to govern this and the province of Wew- Jersey. The history of our publick transactions, from this period, to the present time, is full of important and entertaining events, which I leave others to relate. A Tery near relation to the author had so great a concern in the publick controversies with colonel Cosby, that the history of those times will be better received from a more disinterested pen. To suppress truth, on the one hand, or exaggerate it, on the other, are both inex- cusable faults, and perhaps it would be difficult for me to avoid those extremes. Besides, a writer, who exposes the conduct of the living, will inevitably meet with their fury and resen tmen t. The prudent historian of his own times will al>^lipRk a coward, and never give fire, till death protects him from the malice and stroke of \m enemy* « HISTORY OF NEW-YORK. PART VI. CHAPTER L A Gtographical Description of the Cmmtry, J. HE province of New-York, at present, contains Long Island, Staten Island, and the lands, on the east side of Hudson's river, to the bounds of Connecticut. From the division line between that colony and the Massachusetts' Bay, northward, to the line between us and the French, we claim an extent to Connecticut ri- ver.* On the west side of Hudson's river from the sea * The grounds or this clnim are contained in the following report of a committee of council, to governour Clinton, on the 2d of March, 1753, which was drawn up by Mr. Alexander. " May it please your excellency, > ** In obedience to your excellency's order, in council, of the 3d day of July last, referring to a committee thereof the petitions of Robert Livingston, jun. esq. and of the owners of a certain tract of land call- ed Westenhook, complaining of new claims and encroachments made upon their lands by the inhabitants of Massachusetts Bay, and also the surveyor general's and the attorney general's reports on the said two petitions : the committee having maturely weighed and consi- dered of the same, humbly beg leave to report to your excellency : " 1st, That they apprehend the claims of Massachusetts Bay to the manor of Livingston, or the said tract of land> called Weiteiiiioofct % «' ^ ■# 284 History of New- York, to the latitude of 41* lies New-Jersey. The line of par- tition between that province and this, from that latitude cannot be well founded ; because they find that the Dutch claimed the colony of New-Netherland, as extending from cape Cod to cape Cornelius, now called cape Heulopen, westward of Delaware bay, along the sea coast, as far back into the country as any of the rivers within those limits extend ; and that they were actually possessed of Connecticut river, long before any other European people knew any thing of the existence of such a river, and were not only possessed of the mouth of it, where they had a fort and garrison* but discovered the river above an hundred miles up, had their people trading there, and purchased of the natives almost all the lands on both sides of the said river. *' 2dly, That governour Stuy vesant, the Dutch governout of the said province, by his letter, dated the 2d of September, 1604, new style, in answer to a letter from governour Richard Nicolls, of tht^ |§ August preceding, demanding the surrender of all the forts and places of strength possessed by the Dutch under his (governour Stuyvesant's) command, writes as follows ; — " Moreover it's without dispute, and acknowledged by all the world, that our predecessors, by virtue of the commission and patent of the said lords the States General, have, without controul, and peaceably (the contrary never coming to our knowledge) enjoyed fort Orange about forty -eight or fifty years ; and Manhattans about forty-one or forty-two years ; the south river forty years, and the fresh river about thirty-six years." Which last men- tioned river the committee find to be the same that is now called Connecticut river. " 3dly, That the said Dutch governour Stuyvesant did, in the year 1 064, surrender all the country, which the Dutch did then possess, to king Charles the second, and that the States General made a cession thereof, by the treaty of Breda, in the year 1667 : that the Dutch re- conquered part of this province in 1 673, and surrendered and abso- lutely yielded it to king Charles the second, in 1 673-4, by the treaty of London ; and that in the year )674, king Charles granted to the duke of York all the land between Connecticut river and Delaware bay ; the whole of these lands being part of the former colony of New- l^etherland. i % m. \ History of New- York, j28d ♦o the other station on Delaware, is unsettled. From thence, wheresoever it may be fixed, we claim all the IC 41h, That (he duke of York, in his several commissions to major Edmund Andross, on the 1st of July, 1 674, and to governour Dongan, on the 30th of September, 1 682, among other descriptions of the boun- daries of this province, mentions all the lands from the west side of Connecticut river to the east side of Delaware bay : that their majes- ties, king William and queen Mary, by their commission, bearing date the fourth day of January, in the first year of their majesties* reign, appointed Henry Sloughter to be governour of the province of New- York, and territories depending thereon ; the" boundaries whereof, to Connecticut river, on the east, were notorious, by the grant and other commissions aforesaid, and many other grants and commissions relat- ing to the same. . . " 5th, That the committee apprehend Connecticut river continued the east bounds of this province, until the 28th of March, 1 700, when, by king William's confirmation of an agreement between this province and Connecticut, the western bounds of that colony were settled at twenty miles from Hudson's river : and they cannot find any other al- teration in the eastern bounds of this proviace, and have no reason to believe any other was made before, or since, that time. " 6th, That king James the first, by letters patent, hearing date ' the 3d of November, in the 1 8th year of his reign, granted unto the *• council of Plymouth, from forty to forty-eight degrees of north lati- tude inclusive; in which there is a recital to this purpose : " Now for a* much as the king has been certainly given to understand, by divers good subjects, that have, for these many years, frequented those coasts and territories, between the degrees of 40 and 48, that there are no other subjects of any Christian king or state, or by any authority from their sovereigns, lords, or princes, actually in possession of any of the said lands or precincts, whereby any right, claim, interest, or title, may or ought, by that means, to accrue or belong to them," &c And also a proviso in these words, " Provided always, that the said lands, islands, or any of the premises, by the said letters patent in-* tended or meant to be granted, were not then actually possessed or in- habited by any other Christian power or state." Which patent, the oommittee conceive, could not vest any thin^ in the grantees, by 286 History of Neiv-York. lands, on the east side of Delaware, to the north line of Pennsylvania ; and all the territory, on both sides of reason of the said recital and condition upon which it was granted; part of the premises being then actually possessed by the Dutch, and most of the said colony of New-Netherland being within the bounds thereof. " 7th, That the council of Plymouth, by their deed, dated the 19lh of March, in the third year of king Charles the first, granted to sir Henry Rosswell and others, part of what was supposed to he granted by the said letters patent, which grant, from the said council of Ply- naoutht the committee take to be void, as founded upon the said void patent. " 8th That he, the said sir Henry Rosswell, and others, obtained a grant and confirmation thereof, from the crown, under the great seal of England, dated the 4th of March, in the fourth year of king Charles the first, within which grant and confirmation, the province of Massa- chusetts Bay is included ; which grant and confirmation was adjudg- ebe more advantageous to a trading city." ^ "^ It is thought to be as healthy a spot as any in the work!. The east and south parts, in general, are Jow^ 37 - 290 History of New-York, but tlie rest is situated on a dry, elevated soil. Tlie streets are irregular, but, being paved with round peb- bles, are clean, and lined with well built brick houses, many of which are covered with tiled roofs. No part of America is supplied witli markets abound- ing with greater plenty and variety. We have heef, poi»k, mutton, poulti-y, butter, wild fowl, venison, fish, roots, and herbs, of all kinds, in their seasons. Our oys- ters are a considerable article in the support of the poor. Their beds are within view of the town ; a fleet of two hundred small craft, are often seen there, at a time, when the weather is mild, in winter ; and this single article is computed to be worth annually 10 or 12,000/. This city is the metropolis and grand mart of the pro- vince, and, by its commodious situation, commands al- so all the trade of the western part of Connecticut, and that of East Jersey. " No season prevents our ships from launching out into the ocean. During the great- est severity of winter, an equal, unrestrained activity runs through all ranks, orders, and employments." Upon the southwest point of the city stands the fort, which is a square with four bastions. Within the walls is the house in which our governours usually reside ; and opposite to it brick barracks, built, formerly, for the independent companies. The governour^s house is in height three stories, and fronts to the west ; hav- ing, from the second story, a fine prospect of the bay and the Jersey shore. At the south end tli^ re was for- merly a chapel, but this was burnt down in the negro Conspiracy, of the spring, 1741. According to gover- nour Burnet's observations, this fort stands in the lati- tude of 40* d2' N. • ' ~ ^t History of New^Yorh 291 Below the walls of the garrison, near the water, we have lately raised a line of fortifications, whicli com- mands the entrance into the eastern road and the mouth of Hudson's river. This battery is built of stone, and the merlons consist of cedar joists, filled in with earth. It mounts ninety two cannon, and these are all the works we have to defend us. About six furlongs, southeast of the fort, 1 ies Notten island, containing about one hundred or one hundred and twenty acres, re- served, by an act of assembly, as a sort of deinense for the governours, upon which tt is proposed to erect a strong castle, because an enemy might from thence ea- sily bombard the city, without being annoyed either by our battery, or the fort. During the late war a line of palisadoes was run from Hudson's to the East river, at the other end of the city, with block houses at small distances. The greater part of these still remain as a monument of our folly, which cost the province about 8000/. ;>n?vf:. rmm:^''^-^h ^^-i - ,.■••; i ■■.'..■: ^'f .■! h^^f.». , . t All the Low Dutch congregations, in this and the pro- vince of New-Jersey, worship after the manner of the reformed ch».irch in the United Provinces. With re- spect to government, they are in principle presbyteri- ans; but yet hold themselves in subordination to the clas- sis of Amsterdam, who sometimes permit, and at otlier times refuse, them the powers of ordination. Some of their ministers consider such a subjection as anti consti- tutional, and hence, in several of their late annual con- ventions, at New-York, called tlie Coetus, some debates have arisen among them ; the majority being inclined to erect a classis, or ecclesiastical judicatory, here, for the government of their churches. Those of their min- isters, who are natives of Eurofie, are, in general, averse to the project. The expense attending the ordination of their candidates, in Holland, and the reference oi their disputes to the classis of Amsterdam, is very con- siderable ; and with what consequences, tlie interrup- tion of their correspondence witii the European Dutch, •would be attended, in case of a war, well deserves then: consideration. UNi i 'tt i v ^fii %r \ \rxi\ .*#»»i • Their charter wns confirmed by a late act of assembly, latifird hy llii mejesty, which recites t)ie viiith article of the surrender, in 1064. V 1»^ ^n History of New-York. 293 There are, besides the Dutch, two episcopal churches in this city, upon the plan of tlie established church in South Britain. Trinity church was built in 1696, and afterwards enlarged in 1737. It stands very pleasantly upon the banks of Hudson's river, and has a large ce- metery, on each side, inclosed in the front by a painted paled fence. Before it a long walk is railed off' from the Broad way, the pleasantest street of any in the whole town. This building is about one hundred and forty-eight feet long, including the tower and chancel, and seventy-two feet in breadth. Tlie steeple is one hundred and seventy-five feet in height, and over the door facing the river is the following inscription : PER ANGUSTAM. ni,jii ;«' ** Hoc Trinitatis Templum fundatum est Anno Reg- ni illustrissiini, supreini Domini Guliel'ni tertii, Dei Gratia, Angliie, Scotiae, Franciae et Hibemiae Regis, Fidei Defensoris, &:c. Octavo, Annoq. Domini 1 696. " Ac voluntaria quorundam contributione ac Donis ^dificatum, maxime autem, dilecti Regis Chiliarchae Benjamini Fletcher, hujus provinciae strataeci et Im- peratoris, Munificentia animatiun et auctum, cujus tem- pore modelraminis, hujus Civitatis incolae, Religionem protestantem Ecclesiae Anglicanae, ut secundum Le- gem nunc stabilitae profitentes, quodam Diplomate, sub ' Sigillo Provinciae incorporati sunt, atque alias plurimas, ex Re sua famiiiari, Donationes notabil(;s eidem de- dit." ' The church is, within, ornamented beyond any otlier place of publick worship among us. The head of the chancel is adorned wilii an altarpiece, and opposite to it, at the other end of the building, is the organ. The tops of the pilliirs, which support the galleries, are deck- ,294 History of New-York. ed with Ihe gilt busts of angels winged. From the ceil- ing are suspended two glass branches, and on the walls hang the arms of some of its principal benefactors. The aisles are paved with flat stones. '^. *ffv Tlie present rector of this church is the rev. Mr. Hen- ry Barclay, formerly a missionary among the Mohawks, who receives 100/. a year, levied upon all the other clergy and laity in the city, by virtue of an act of as- sembly procured by governour Fletcher. He is assisted by Dr. .Tohnson and Mr. Auchmuty. This congregation, partly by the arrival of strangers from Europe, but principally by proselytes from the Dutch churches, is become so numerous, that though the old building will contain two thousand hearers, yet a new one was erected in 1752. This, called St. George's chapel* is a very great edifice, faced with hewn stone and tiled. The steeple is lofty ,t but irregular ; and its situation in a new, crouded, and ill built part of the town. The rector, churchwardens, and vestrymen of Trinity church, are incorporated by an act of assembly, which grants the two last the advowson or right of presenta- tion ; but enacts, that the rector shall be instituted and inducted in a manner most agreeable to the king's in- structions to the governour, and the canonical right of the bishop of London. Their worship is conducted af- ter the mode of the church of England ; and with re- spect to government, they are empowered to make rules- and orders for themselves, being, if I may use the ex- pression, an independent ecclesiastical corporation. • The length, exclusive of the chancel, nioety-tw* feet» and iff breadth twenty feet less. -) One hundred and seventy-five fed; .iVMili M i\ History of New-York. 295 Tlie revenue of this church is restricted, by an act of assembly, to 500/. per annum ; but it is possessed of a real estate, at tlie north end of the town, which, having ,been lately divided into lots and let to farm, will, in a few years, produce a much greater income. The presbyterians, increasing after lord Cornbury'g return to England, called Mr. Anderson, a Scotch min- ister, to the pastoral charge of their congregation ; and Dr. .Tohn Nicol, Patrick Mac Night, Gilbert Livingston and Thomas Smith, purchased a piece of ground and founded a church, in 1719. Two years afterwards they petitioned colonel Schuyler, who had then the chief command, for a charter of incorporation, to secure their estate for religious worship, upon tlie plan of the church in North Britain ; but were disappointed in their expec- tations, through the opposition of the episcopal party.* They, shortly after, renewed their request to governour Burnet, who referred the petition to his council. The episcopalians again violently opposed the grant, and the governour, in 1 724, wrote upon the subject to the lords of trade for their direction. Counsellor West, who was then consulted, gave his opinion in these words : " Upon consideration of the several acts of uniformity that have passed in Great Britain, I am of opinion that they do not extend to New- York, and consequently an act of toleration is of no use in that province ; and, therefore, as there is no provincial act for uniformity, accorcUng to the church of England, I am of opinion, that, by law, such patent of incorporation may be granted, as by the petition is desired. Richard IVest, 20 August, 1721." After several years solicitation for a charter, in vain, »nd fearful that those who ob^tructi^d such a rea^ionabie tf 296 History of New- York, request, would watch an opportunity to give them a more effectual wound ; those, among the presby terians, who were invested with the fee simple of the church and ground, " conveyed it, on the 16th of March, 1730, to the moderator of the general assembly of the church of Scotland and the commission thereof, the moderator of the presbytery of Edinburgh, the principal of the col- lege of Edinburgh, the professor of divinity therein, and the procurator and agent of the church of Scotland, for the time being, and their successors in office, as a com- mittee of the general assembly," On the 15th of August, 1732, the church of Scotland, by an instrument under the seal of the general assembly, and signed by Mr. Niel Campbell, principal of the university of Glasgow, and moderator of the general ass^embly and commission thereof; Mr. .Tames Nesbit, one of the ministers of the gospel at Edinburgh, moderator of the presbytery of Edinburgh ; Mr. William Hamilton, principal of the university of Edinburgh ; Mr. James Smitl), professor of divinity therein ; and Mr. William Grant, advocate procurator for the church of Scotland, for the time be- ing ; pursuant to an act of the general assembly, dated the 8th of May, 1731, did declare, " that notwithstand- ing the aforesaid right made to them and their succes- sors in office, they were desirous, that the afore- said building and edifice and appurtenances there- of, be preserved for the pious and religious purposes for which the same were designed ; and that it should be free and lawful to the presbyterians then resid- ing, or that should at any time, thereafter, be resi- dent, in, or near, the aforesaid city of New- York, in America, or others joining with them, to convene, in the foresaid churcli, for the worship of God in History qf Neitf-York. m all the parts thereof, and for the dispensation of all gos- pel ordinances ; and, generall/, to use and occupy the said church and its appurtenances, fully and freely in all times coming, they supporting and maintaining the edifice and apj^urtenances at their own charge." Mr. Anderson was succeeded, in April, 1727, by the rev. Mr. Ebenezer Pemberton, a man of polite breed? ing, pure morals, and warm devotion ; under whose in- cessant labours the congregation greatly increased, and was enabled to erect the present edifice in 1748. It is built of stone, railed off* from the street, is eighty feet long and in breadth sixty. The steeple, raised on the south west end, is in height one hundred and forty-five feet. In the front to the street, between two long win- dows, is the following inscription gilt and cut in a black slate six feet in length. Auspicante t)eo , ^ .: Banc aedem Cultui divino sacrani In perpetuum celebrando, A. D. MDCCXIX. Primo fundatam ; Denuo penitus reparatam et Ampliorem et ornatiorem A.D. MlrCCXLVIII GonstrUctam, lieo-Eboracenses presbyleriani In suum et stiorum usum Condentes> . aa k. 'tf. '>t # #, i9» History of iSleiv-York, ^ ■'ju'}' m. -m In hac vofiva tabula DDDa * * * Concordia, amore Jl^ecnon fidei cultus et moruiii Puritate Suffulta, clafiusq. exornafa, Annuente Chiisto, Longuin perduret in aevum. Mr. Alexander Cumming, a young gentleman of learning and singular penetration, was chosen colleague to Mt, Pemberton, in 1750 : but both were dismissed, at their request, about three years afterwards ; the for- mer through indisposition, and the latter on account of trifling contentions, kindled by the bigotry and igno- rance of the lower sort of people. These debates con- tinued till they were closed, in April, 1756, by a deci- sion of the synod, to which almost all our presbyterian churches, in this and the southern proviqces, are sub- ject. The congregation cofisists, at present, of twelve or fourteen hundred souls, under Ihe pastoral charge of the reverend Mr. David Bostwick, who was lately trans- lated from Jamaica to New- York, by a sy nodical de- cree. He is a gentleman of a mild, catholick disposi- tion ; and being a man of piety, prudence and zeal, confines himself entirely to the proper business of his function. In the art of preaching he is one of the most distinguished clergymen in these parts. His discourses- are methodical, sound, and pathetick ; in sentiment, and in point of diction, singularly ornamented. He deli- Tcrs himself without notes, and yet with great ease and fluency of expression ; and performs every part of di- vine worship with a striking iiolemnity. .-f History oj New- York. 299 {7 The French church, by the contentions in 1724, and the disuse of the language, is now reduced to an incon- siderable handful. The building, which is of stone, is nearly a square,^ plain both within and without. It is fenced from the street, has a steeple and a bell, the lat- ter of which was the gift of sir Henry Ashurst, of Lon- don. On the front of the church is the following in^ ecription : , ,^ *. iEDES SACRA V ^ :^:& _ .'.: FVJNDA. 1704.. ' '--/-r :■:,:. ,.;^: • ] ,. ■ ' . PENITVS ' J"^ REPAR. 174L The present minister, Mr. Carle, is a native of France, and succeeded Mr. Rou in 1754. He bears an irreproachable character, is very intent upon his studies, preaches moderate Calvinism, and speaks with proprie- ty, both of pronunciation and gesture. :, The German Lutheran churches are two. Both their places of worship are small : one of thera has a cupola and bell. ' ^ ' The Quakers have a meetinghouse, and the Mora- vians, a new sect among us, a church, consisting princi- pally of female proselytes from other societies. Their ■service is in the English tongue. The Anabaptists assemble at a small meetinghouse^ but havq as yet no regular settled congregation. The Jews, who are not inconsiderable for their numbers, worship in a synagogue, erected in a very private part of the town, plain without, but very neat within. * The area is seventy feet Ion«;, and ia breadth fiAy^ # soo History of New^York, ( The f'ity hall is a strong brick building, two stories in h 'ighl, in the shape of an oblong, winged with one at each end, at right angles with the first. The Uoor below is an open walk, except two jails, and the jailor's apartments. The cellar underneath is a dungeon, and the £;arret above a common prison. This edifice is erected in a place where four streets meet, and fronts, to the soul h west, one of the most spacious streets in town. The eastern wing, in the second slory, consists of the assembly chamber, a lobby, and a small room for the speaker of the house. The west wing, on the same floor, forms the council room and a library ; and in the space between the ends, the supreme court is or- dinarily held. .. . , = The library consists of a thousand volumes, which were bequeathed to the society for the propagation of the Gospel in foreign parts, by Dr. Millington, rector of ^ewington. Mr. Humphrys, the society's secretary, in a letter of the 23d of September, 1728, informed gover- nour Montgomerie, that the society intended to place these books in New- York, intending to establish a li- brary, for the use of the clergy and gentlemen of this and the neighbouring governments of Connecticut, New- Jersey, and Pennsylvania, upon giving security to re- turn them ; and desired the governour to recommend it to the assembly, to provide a place to deposit the books, and to concur in an act for the preservation of them and others that might be added. Grdvernour Montgomerie sent the letter to the assembly, who or- dered it to be laid before the city corporation, and the latter, in .Inne, 1729, agreed to provide a proper reposi- tory for the books, which were accordingly soon after H «' ¥' ■ ft^ * Hislofy of NeW'Tork, .<-*ka)*«- 301 gent over. The greatest part of them are upon theolo- gical subjects, and, through the carelessness of the keep- ers, many are missing. In 1754, a set of gentlemen undertook to carry about a subscription towards raising a publick library, and in a few days collected near 600/. which were laid out in purchasing about seven hundred volumes of new, well chosen books. Every subscriber, upon payment of 5L principal, and the annual sum of 10s. is entitled to the use of these books. His right, by the articles, is assign- able, and for non compliance with them may be forfeit- ed. The care of this library is committed to twelve tmstees, annually elected by the subscribers, on the last Tuesday of April, who are restricted from making any rules repugnant to the fundamental subscription. This is the beginning of a library, which, in pro- cess of time will probably become vastly rich and vo- luminous ; and it would be very proper for the compa- ny to have a charter for its security and encourage- ment. The books are deposited in the same room with those given by the society. r -^ ^ ^» -v Besides the city hall, there belong to the corporation, a large almshouse or place of correction, and the ex- change, in the latter of which there is a large room rais- ed upon brick arches, generally used for publick enter- tainments, concerts of musick, balls and assemblies. Though the city was put under the government of a mayor, &c. ki!^665, it was not regularly incorporated till 1686. SHice that time several charters have been passed : the last was granted by governour Montgo- merie on the 15th of January, 1730. It is divided into seven wards, and is under the go- vernment of a mayor, recorder, seven aldermen, and as iW mi Sf 302 History of New- York. many assistants or common councilmen. The mayor, a sheriff, and coroner, are annually appointed by the governour. The recorder has a patent during pleasure^ The aldermen, assistants, assessors and collectors, are annually elected by the freemen and freeholders of the respective wards. The mayor has the sole appoin^ ment of a deputy, and, together with four aldermen, may appoint a chamberlain. The mayor, or recorder^ four aldermen, and as many assistants, form " The com- mon council of the city of New- York ;*' and this body, by a majority of voices, hath power to make bye laws for the government of the city, which are binding only for a year, unless confirmed by the governour and coun- cil. They have many other privileges relating to fer- riages, markets, fairs, the assize of bread, wine, &;c. and the licensing and regulation of tavern keepers, cartage, and the like. The mayor, his deputy, the recorder and aldermen, are constituted justices of the peace ; and may hold not only a court of record once a week, to take cognizance of all civil causes, but also a court of general quarter sessions of the peace. They have a common clerk, commissioned by the governour, who en- joys an appointment worth about four or five hundred pounds per annum. The annual revenue of the corpo- ration is near two thousand pounds. The standing mi- litia of the island consists of about twenty-three hun- dred men,* and the city has in reserve, a thousand stand of arms for seamen, the poor and othet^ln case of an invasion. * The* whole uumb^^r of the inhabitaDts, exclusive of females above sixty, accordin«; Ij a list returned to the governour, in the spring, 1756, amounted to 10,468 M^hites, and 2,275 negroes; but that ac- count is erroneous. It i» most probable that there are la the city 15,000 soulff. H tii^'^' ' &*;''■■ History oj NenyYork, 303 The north eastern part of New- York island, is inha- Ibited, principally, by Dutch farmers, who have a small villas^e there called Haerlem, pleasantly situated on a flat cultivated for the city markets. m> ! .«.«.;. \ , WESTCHESlill. ^y^m This county is large, and includes all the land be- yond the island of Manhattans, along the sound, to the Connecticut line which is its eastern boundary. It ex- tends northward to the middle of the highlands, and westward to Hudson's river. A great part of this coun- ty is contained in the manors of Pliilipsburgh, Pelham, Fordham, and Courtlandt, the last of which has the privilege of sending a representative to the general as- sembly. The county is tolerably settled. The lands are in general rough but fertile, and therefore the far- mers run principally on grazing. It has several towns, East-Chester, West-Chester, New-Rochelle, Rye, Bed- ford, and North-Castle. The inhabitants are either Eng- lish or Dutch presbyterians, episcopalians, quakers and French protestanis. The former are the most nume- rous. The two^iscopal missionaries are settled at Rye and East-Chester, and receive each 60/. annually taxed upon the county. The town of West-Chester is an in- corporated borough, enjoyipg^a mayor's court, and the right of being represented by a member in assemblyi. DUTCHESS. This couitfpadjoins to West-Chester, which bounds it on the south, the Connecticut line on the east,"**^ Hud- * In describio^ the limits of the several counties, I regard their bouods according to the jurisdiction as now «xercis«d* in ea.Qh, ratbev .* fM' m-'' 4 304 History of New- York, son's river on the west, and the county of Albany on the north. The south part of this county is mountain- ous and fit only for iron works, but the rest contains a great quantity of good upland well watered. The only villages in it are Poughkeepsie and the Fish Kill, though they scarce deserve the name. The inhabitants on the banks of the river are Dutch, but those more easterly, , Englishmen, and, for the most part, emigrants from Connecticut and Long Island. There is no episcopal church in it. The growth of this county has been very sudden, and commenced but a few years ago. Within the memory of persons now living, it did not contain above twelve families ; and, according to the late re- turns of the militia, it will furnish, at present, above two thousand five hundred fighting men. « ^ ^ . :. . . ALBANY. '" ' J.^^.,*m'\, This county extends from the south bounds of the manor of Livingston, on the east side, and Ulster, on the west side of Hudson's river : on the north its limits are not yet ascertained. It contains a vast quantity of fine low land. Its principal commodities are wheat, peas, and pine boards. The city of Albany, which is near one hundred and fifty miles from New- York, is situated on the west side of the river. There our governours usually treat with the Indians dependent upon the Briti^ crown. The houses are built of brick, in the Dutch ^H|* and are in number about three hundred and fifty, ^raere are two than the laws relating to them, which are veiy imperfect, especially the general act, in 1691. The greatest part of Hudson's river is cot Inchtded in any of our counties. >a History of New-York, •#> 303 churches id it. That of the episcopalians, the only one in this large county, is a stone building. The congre- gation is but small, almost all the inhabitants resoiling to the Dutch church, which is a plain, square, stone edifice. Besides these, they have no other publick buildings, except the city hall and the fort ; the lattei* of which is a stone square, with four bastions, situated on an eminence which overlooks the town, but is itself commanded by higher ground* The greatest part of the city is fortified only by palisadoes, and in some places there are small cannon planted in blockhouses. Albany was incorporated, by colonel Dongan, in 1686, and is under the government of a mayor, recorder, six aldermen, and as many assistants. It has also a sheriff^ town clerk, chamberlain, clerk of the markets, one high constable, three sub-constables, and a marshal. The corporation is empowered besides, to hold a ma- yor's court for the trial of civil causes, and a court of general quarter sessions. Sixteen or eighteen miles northwest from Albany lies Schenectady, on the banks of the Mohawks' river, which falls into Hudson's river twelve miles to the north of Albany. This village is compact and regular, built principally of brick, on a rich flat of low land, sur- rounded with hills. It has a large Dutch church, with a steeple and town clock j near the centre* The wind-^ ings of the river through the town, and the fields (which are often (||Mjflowed in the spring) form, about harvest, a most ba^Biil prospect. The lands, in the .vale of SchenectliPr^re so fertile that they are commonly sold at 45/* per acre. Though the fanners use no kind of manure they till the fields every year, and they al- ways produce full crops of wheat or peas. Their 39 t I- 306 History of New- York, church was incorporated by governour Cosby, and the town has the privilege of sending a member to tl;e as- sembly. From this village our Indian traders set out in bat- toes for Oswego. The Mohawks' river, from hence to fort Hunter, abounds with rifts and slioals, whicli, in the spring, give but little obstruction to the navigation. From thence to its head, or ratlier to the portage into the Wood creek, the conveyance is easy and the cur- reiit less rapid. The banks of this river are, in general, low, and the soil exceeding good. Our settlements, on the north side, extend to Burnet's field, a flat inhabited by Germans, which produces wheat and peas in surpris- ing plenty. On the south side, except a few Scotch Irish in Cherry Valley at the head of fcusquehanna, we have but few farms 'west of the three (lerman towns on Schoharie, a small creek which empties itself into the Mo- hawks' river, about twenty miles west of Schenectady. 1 he fur trade at Oswego, is one of the principal ai (van- tages of this county. The Indians resort thither in May, and the trade continues till the latter end of July. A good road might be made from Schenectady to Oswego. In the summer seventeen hundred and fifty-five, fat cat- tle were easily driven there, for the army under the command of general Shirley. The principal settlements to the northward of Albany are Connestigiune, eastward of Schenectady, on the Mo- hawks' river, which a little lower tumbie|^ovvn a j)re- cipice of about seventy feet high, calle^H| Cahoej:. I'he surprise, which, as one might imagn^P'ould na- turally be excited by the view of so great a cataract, in much diminished by the height of the banks of the ri- ver ; besides, the fill is as uniform as a mill dum, being uninterrupted by tlie projection of rucks. - j. m "^ •.* History of New- York, i » 307 -.: fc At Scaghtahook, on the east side of the north branch of Hudson's river, there are a few farms, but many more sevi ral miles to the eastward, and about twenty-five miles from Albany, in tlie patent of Hosick. These were all broke up by an irruption of French and Indians, who, on the 28th of August, 1754, killed and scalped two persons, and set fire to the houses and barns. About forty miles to the northward of Albany, on the west side of the river, lies Saratoga, a fine tract of low land, from which several families were driven by the French Indians, in the late war. A project of pur- chasing these lands from the proprietors, settling thein with Indians, raising a fort there and cultivating the soil for them, has been often talked of since captain Campbells disappointment, as a proper expedient to curb the scalping parties sent out from Crownpoint. In the southern part of the county of Albany, on both sides of Hudson's river, the settlements are very scattered, except within twelve miles of the city, when the banks become low and accessible. The islands here, which are many, contain perhaps the finest soil in the world. Tliere are two manors in the county, Renslaervvyck and Livingston, which have each the privilege of sending a member to the assembly. The tenants of these man- ors, and of the patents of Claverack, have free farms at the annual j|Dt of a tenth of the produce, which has as yet been ^^H^r exacted nor paid. At Ancram, in the manor of nmngston, is an iron furnace, about fourteen miles from the river. Its l)est and most improved lands lie at Tachanic, in the*eastern parts, which have of late been much disturbed by the inroads of the Massachu- setts' Bay, on this and the patents of Westenhook and Claverack. * I ': m ■ V, ^ t .* ^"-k 308 History of New-York, The winters in this county are commonly seveES, and Hudson's river freezes so hard a hundred miles to the southward of Albany, as to bear sleds loaded with great burdens. Much snow is very serviceable to the far- mers here, not only in protecting their grain from the frost, but in facilitating the transportation of their boards and other produce, to the banks of the river, against the ensuing spring. ^ t- ULSTER. This county joins to that of Albany, on the west side pf Hudson's river. Its northern extent is fixed at Saw- yer's rill : the rivers Delaware and Hudson bound it east and west, atitd a west line from the mouth of Mur- derer's creek t» its southern liirtit. The inhabitants are Dutch, French, English, Scotch, and Irish, but the first and the last are most numcious. The episcopalians in this county are so inconsiderable, , that their church is only a mean loghouse. The most considerable town is Kingston, situated about two miles from Hudson's river. It contains ab'^ut one hundred and fifty houses, mostly of stone, is regularly laid out on a dry level spot, and has a large stone church and court house near the centre. It is thought to resemble Schenectady, but far exceeds it in its elevation : on the north side of the town, the Esopus kill winds through rich and beautiful lawns. The people ^^Ulster, hav- ing long enjoyed an undisturbed tranqi^^k are some of the most opulent farmers in the whole ^Cny. This county is most noted for fine flour, beer, and a good breed of draught horses. |At the commencement of the range of tlie Apalachian bills, about ten miles froui Hudson's river, ia an inexhaustible quarry of mill- History of New-York, 30d stones, which far exceed those from Colen, in Europe, formerly imported here, and sold at 80/. a pair. The Marbletown millstones cost not a fourth part of that sum. This and the counties of Dutchess and Orange abound with limestone, and on the banks of Hudson's river are f )und great bodies of blue slate. The principal villages, besides Kingston, are Mar- bletown, Hurley, Rochester ,New-Paltz, and the Wall- kill, each of which is surrounded with fine tracts of low land. The militia of Ulster is about fifteen or sixteen hundred men and a company of horse. •f^ - ORANGE County is divided by a range of mountains, stretch- ing westward from Hudson's river, called the Highlands. On the north side the lands are very broken, but fertile, and inhabited by Scotch, Irish, and English presbyte- rians. The society's missionary in Ulster preaches here sometimes to a small congregation of the episco- pal persuasion, which is the only one in the county. Their villages are Goshen, Bethlehem and Little Bri- tain, all remarkable for producing, in general, the best butter made in the colony. The people on the south side of the mountains are all Dutch : and Orangetown, more commonly called by the Indian name, Tappan, is a small, but very pleasant inland village, with a stone court house and church. The militia consists of about thirteen huO^d fighting men. This cottiity joins to the province of New-.Tersey on the south ; and the non settlement of the partition line has been the greatest obstruction to its growth. There is a very valuable tract, called the drowned bnds, on the north side of tjie mountains, containing It ■"•f". m 3i« #' ■A '. History of New-York. about forty or fifty thousand acres. The waters, whicli descend from the surrounding hills, being but slowly discliarged by the river issuing out of it, cover these vast 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 these meadows, before the waters rise above the channel of the river, and a s. ^.W" 312 History of New^York. wrote a very pressing letter upon that head to sir Wil* liam Johnson, who then commanded the provincial troops. * The banks of Hudson's river are, for the most part, rocky cliffs, especially on the western shore. The pas- sage through the highlands affords a wild romantick scene, for sixteen miles, through steep and lofty moun- tains. The tide flows a few miles above Albany. The navigation is safe, and performed in sloops of about forty or 'fifty tons burden, extremely well accommodat- ed to tl^jB river. About sixty miles above the city of New- York the water is fresh, and in wet seasons much lower. The river is stored with a variety of fish, which renders a summer*s passage to Albany, exceedingly di- verting to such as are fond of angling. The advantages of this river for penetrating into Can- ada, and protecting the soutliern colonies from the ir- ruptions of the French, by securing the command of the lakes, and cutting off the communication between the French settlements on St. Lawrence and the Mis- sisippi, though but lately attended to, must be very ap- parent to every judicious observer of the maps of the inland part of North America. The French, as appears from the intended invasion, in 1689, have long eyed the English possession of this province with jealousy ; and it becomes us to fall upon every method for its protection and defence. The singular conveniency of Hudson'i^ river to this province, in particular, was so fully shewii- Jilone of the late papers, published in 1753, under the title of tlie In- dependent Reflector, that I cannot help reprinting the passage relating to it. ■Mm History of New-York. 313 ** High roads, which, in most trading countries, are extremely expensive, and awake a continual attention for their reparation, demand, from us, comparatively speaking, scarce any publick notice at all. The whole province is contained in two narrow oblongs, extending from the city east and north, having water carriage from the extremity of one, and from the distance of one hun- dred and sixty miles of the other ; and, by the most a<:- curate calculation, has not, at a medium, above twelve miles of land carriage, throughout its whole extent. This is one of the strongest motives to the settlement of a new country, as it affords the easiest and most speedy conveyance from the remotest distances, and at the low- est expense. The effects of this advantage are greater than we usually observe, and are therefore not suffi- ciently admired. . J. L - . . " The province of Pennsylvania, has a fine soil, and, through the importation of Germans, abounds with in- habitants ; but being a vast inland country, its produce must, of consequence, be brought to a market over a great extent of ground, and all by land carriage. Hence it is, that Philadelphia is crouded with waggons, carts, horses, and their drivers : a stranger, at his first entrance, would hnagineit to be a place of traffick, beyond any one town in the colonies ; while at New- York, in particular, to which the produce of the country is all brought by water, there is more business, at least, business of profit, though with less show and appearance. Not a boat in our river is navigated with more than two or three men at most ; and these are perpetually coming in from, and returning to, all parts of the adjacent country, in tiie same employments that fill the city of Philadelphia with some huuch:eds of men, who, ia respect to tiie j^u)^ 314 History of New- Yotk. lick advantage, may justly be said to be laboriously idle : for, let any one nicely compute tlje expense of a wag- gon, with its tackling ; the time of two men in attend- ing it ; their maintenance ; four horses and the charge of their provender, on a journey of one, though they of- ten come, two hundred miles ; and he will find these several particulars amount to a sum far from being in- considerable. All this time the New-York farmer is in the course of his proper business, and the unincumbered acquisitions of his calling ; for, at a medium, there is scarce a farmer in the province, that cannot transport the fruits of a year's labour, from the best farm, in three days, at a proper season, to some convenient landing, where the market will be to his satisfaction, and all tlie wants from the merchant, cheaply supplied : besides which, one boat shall steal into the harbour of ISfe '- York, with a lading of more burden and value, t'. an forty waggons, one hundred and sixty horses, and ' igh- ty men, into Philadelphia ; and perhaps with less noise, bluster, or show than one. *' Prodigious is the advantage we have in this article alone, I sliall not enter into an abstruse calculation, to evince the exact value of it, in all the lights iti which it may be considered ; thus much is certain, that barely on account < »f our easy carriage, the profits of farming, with us, exceed those in Pennsylvania, at least by thirty per cent, and that difference, in favour of our farmers, is of itself sufficient to enrich them ; while the otiiers find the disadvantage they are exposed to, so heavy, (es- pecially the remote inhabitants of their country) that a bare subsistence is all they can reasonably hope to ob- tain. Take this province throughout, the expense of iraiisportiiig a busht;! of wheat, is but two pence, for tlie ♦ #■■ History oj New-York, 315 distance of one hundred miles ; but the same quantity at the like distance in Pennsylvania, will always exceed us one shilling at least. Tlie proportion between us, in the conveyance of every thinjr else, is nearly the same. How great, then, are the inc. .nbrances to which they are exposbd ! what an immense charge is saved ta us I hoAv sensible must the embarrassments, they are subject to, be to a trading people !" 'H.->' •,.' »? iM RICHMOND County consists of Staten Island, which lies nine miles soutliwestward from the city of iNew-York. It is about eighteen miles long, and at a medium six or seven in breadth. On the south side is a considerable tract of good level land, but the island 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 minister, resort to an epis- copal church in Richmond town, a poor mean village and the only one on the island. The parson of the pa- rish receives 40Z. per annum, raised by a tax upon the county. ^ Southward of the main coast of this and the colony of Connecticut, lies Long Island, called, by tlie Indians, Matowacs, and named, according to an act of assembly in king William's reign, Nassau, Its length is comput- ed at one hundred and twenty miles, and the mean breadth twelve. The lands on tlie north and south side are good, but in the middle sandy and barren. The southern shore is fortified against any invasion from the sea by a beach inaccessible to ships, and rarely to be approached, even by the smallest long boats, on account of the surge, which breaks upon it with great fury, even i '4 i^iet History of New-York, ' when the winds are light. The coast east and west ad- mits of regular soundings far into the ocean, and as the lands are, in general, low for several hundred miles, - nothing can be more advantageous to our ships, than the high lands of Neversink, near the entrance at the Hook, which are scarce six miles in length, and often seen thirty leagues from the sea. This island affords the finest roads in America, it being very level; and but indifferently watered. It is divided into three counties. - Attv '?,>' KING'S ■;••('; h{ County lies opposite to New-York, on the north side of Long Island. The inhabitants are all Dutch, and enjoying a good soil, near our markets, are, gene- rally, in easy circumstancet^. The county, which is very small, is settled in every part, and contains several pleasant villages, viz. Bushwick, Brooklyn, Bedford, Flatbush, Flatlands, New-Eutrecht, and Gravesend. ( /■»-. QUEEN'S M^- County is more extensive, and equally well settled. The principal towns are Jamaica, Hempstead, Flushing, PJewtown and Oysterbay. Hempstead plain is a large, level, dry,, champaign heath, about sixteen miles long, and six or seven wide, a common land belonging to the towns of Oysterbay and Hempstead. The inhabi- tants are divided into Dutch and English presbyterians, episcopalians and quakers. There are but two episcopal missionaries in this county, one settled at Jamaica, and the other at Hemp- stead : and each of them receives 60/. annually, levied tipon all tlie inhabitants. , ,. Hifttoi New-York: mi land, 9^ eltei ' the 1 k of settl^M and, , ronsMs en- SLFFOLK Includes all the eastcn part of ionsj T Island, Fisher's Island, Plumb Islafid, White. This large county has been loi. except one small episcopal congregatit tirely of English presbyterians. Its principal towns are Huntington, Smithtown, Brookhaven, Southampton, Southhold, and Easthampton. The farmers are, for the most part, graziers ; and, living very remote from New- York, a great part of their produce is carried to mar- kets in Boston and Rhode Island. The Indians, who were formerly numerous on this island, are now be- come very . inconsiderable. Those that remain, gene- rally bind themselves servants to the English. The whale fishery, on the south side of the island, has de- clined of late years, through the scarcity of whales, and is now almost entirely neglected. The Elizabeth islands, Nantucket, Martin's Vine- yard, &;c. and Pemy Quid, which anciently formed Duke's, and the county of Cornwal, are now imder the jurisdiction of Massachusetts Bay. Sir William Phips demanded them of governour Fletcher, in February, 1692-3, not long after the new charter to that pro- vince : but the government here was then of opinion that that colony was not entitled to any islands west- ward of Nantucket. An estimate of the comparative wealth of our coun- ties may be formed from any of our assessments. In 10,000/. part of a 45,000/. tax, laid in 1755, the propor- tions, settled by an act of assembly, stood thus : New-York, .; m X3,332 Albany, (Ht iic -i ii ■{^;l\ : i < 1,060 King's, ■ * 484 -U'si u- uueeiisi, ,T.r?T'7^ i^y)uu u u '» Suffolk, ; f V 860 Riclimond, f \f J ^ 304 Westchester, ^ 1,000 Ulster, ' V frv f. 860 Dutchess, "' ^'^ ^ 800 Orange, -^ '^ * 300 .*-j ,-, 2.10,000 1 >"■,■■■:■./ *.-.,. '%ff '^^^ CHAPTER II. Of the Inhabitants. vn' •s^ /- ?iyi This province is not so populous as some have ima- gined. Scarce a third part of it is under culti, ution. The colony of Connecticut, which is vastly inferiour to this in its extent, contains, according to a late authen- tick enquiry, above 133,000 inhabitants, and has a mi- litia of 27,000 men ; but the militia of New-York, ac- cording to the general estimate, does not exceed 1 8,000. The whole number of souls is computed at 100,000. Many have been the discouragements to the settle- ment of this colony. The French and Indian irrup- tions, to which we have always been exposed, have dri- ven many families into New-Jersey. At home, the British acts for the transportation of felons, have brought all the American colonies into discredit witli the industrious and honest poor, both in the kingdoms of Great Britain and Ireland. The mischievous tenden- cy of those laws was shown in a late paper, which it may not be improper to lay before the reader.* * The Independeot Reflector. TOO well Known that in pursuance of divers acts of parliament, great numbers of fellows who have forfeited their lives to the publick, for the most atrocious crimes, are annually transported from home to these plantations. Very surprising, one would think, that thieves, buiglars, pickpockets, and cut purse?, and a herd of the most flagitious banditti upon earth, should be sent as agreeable companions to us ! that the su- preme legislature did intend a transportation to Ame- rica, for a punishment of these villains, I verily believe : but so great is the mistake, that confident I am, tliey are thereby, on the contrary, highly rewarded. For what, in God's name, can be more agreeable to a penurious wretch, driven, through necessity, to seek a livelihood by breakhig of housis, and robbing upon the king's highway, than to be saved from the halter, redeemed from the stench of a gaol, and transported, passage free, into a country, where, being unknown, no man can re- proach him with his crimes ; where labour is high, a lit- tle of which will maintain him ; and where all his ex- penses will be moderate and low. There is scarce a thief in England that would not rather be transported than hanged. Life in any condition, but that of extreme misery, will be preferred to death. As long, therefore, as there remains this wide door of escape, the number of thieves and robbers at home, will perpetually multi- ply and their depredations be incessantly reiterated. " But the acts were intended for the better peopling the colonies. And will thieves and murderers be con- ducive to that end ? what advantage can we reap from a colony of unrestrainable renegadoes ? will they exalt the glory of thv* crown ? or rather, will not the dignim the plagues of mankind, and cast them upon another ? should a Jaw be proposed to take the poor of one parish, and billet them upon another, would not all the world, but the parish to be relieved, exclaim against such a project, as iniquitous and ab- surd ? should the numlx^rless villains of London and Westminster be suffered to escape from their prisons, to range at large and depredate any other part of the kingdom, would not every man join with the sufferers, and condemn the measure as hard and unreasonable ? and though the hardships upon us, are indeed not equal to those, yet the miserfcs that flow from laws, by no means intended to prejudice us, are too heavy, not to be felt. But the colonies must be peopled. Agreed : and will the transportation acts ever have that tenden- cy ? no, they work the contrary way, and counteract their own design. We want people, 'tis true, but not villains ready, at anytime, encoiiraged by impunity, and habituated upon the slightest occasions, to cut a man's throat, for a small jiart of his pro[)erty. The delights of such company, is a noble inducement, indeed, to the honest poor, to convey themselves into a strange coun- # History of New-lTork. 321 1(1 ig- B ivild ills vp be en- h who er and r, with dy po- s with ne part nd cast to take nother, ilieved, ind ab- :)n and orisons, of the iferers, Inable ? equal by no not to reed : lenden- iteract lut not ,y, and man's ili^hts to tlie coun- try. Admidst all our plenty, they will have enough to exercise their virtues, and stand in no need of the asso- ciation of such as will prey upon their property, and p;orge themselves with the blood of the adventurers. They came over in search of happiness ; rather than starve, will live any where, and would be glad to be ex- • cused from so afllicting an antepart of the torments of hell. In reality, sir, these very laws, though otherwise designed, have turned out, in the end, the most eHertual expedients, that the art of man could have contrived, to prevent the settlement of these remote parts of the king's dominions. They have actually taken away almost ev- ery encouragement to so laudable a design. I appeal to facts. The body of the English are struck with ter- rour at the thought of coming over to us, not because they have a vast ocean to cross, or leave beliind them their friends ; or that the country is new and unculti- vated : but from the shocking ideas, the mind must ne- cessarily form of the company of inhuman savages, and the more terrible herd of exiled malefactors. There are thousands of honest men, labouring in Europe, at four pence a day, starving in spite of all their efforts, a dead weight to the respective parishes to which they l)e- long ; who, without any other qualifications than com- mon sense, health, and strength, might accumulate estates among us, as many have done already. These, and not the others, are tlie men that should be sent over, for the better peopling the plantations. Grcjat Britain and Ireland, in their present circumstances, are over-* stocked with them ; and he who would immortalize himself, for a lover of mankind, should concert a scheme for the transportation of the industriously honest abroad and th« immediate punishment of rogues and plunderer! 41 ' - iV.^iF n-mm T,^' .m 322 History of Nctv-York, at home. The pale faced, half clad, meagre, and starv- ed skeletons, that are seen in every village of those kingdoms, call loudly for the patriot's generous aid. The plantations too would thank him for his assistance, in obtaining the repeal of those laws, which, though otherwise intended by the legislature, have so unha|){)i- ly proved injurious to his own country, and ruinous to us. It is not long since a bill passed the commons i'or the employment of such criminals in hi^ nuijesty's docks, as should merit the gallows. The design was good. It is consistent with sound policy, that all those, who have forfeited their liberty and lives to their coun- try, should be compelled to labour the residue of their days in its service. But the scheme was bad, and wisely was the bill rejected by the lords, for this only reason, that it had a natural tendency to discredit the king'ij yards : the consequences of which must have been pre- juflicial to tiie whole nation. Just so ought we to reason in tlie present case, and we should then soon be brought to conclude, tliat though peopling the colonies, wliich was the laudable motive of the legislature, be expedient to the publick ; abrogating the transportation laws mnst be equally necessary." The bigotry arid tyranny of some of our governour?, together with the great extent of their grants, may also be considered among the discouragements against the full settlement of the province. Most of these gentle- jmen, coming over with no other view than to raise their own fortunes, issued extravagant patents, charged with small quitrents, to such as were able to serve them in assembly : and these patentees, being generally men of estates, have rated their lands so cx(>rbitantly high, thai tery few poor persons could eitiier purchase or lea-c History of New-York. 323 Ibein. Add to all these, that the New-England plant- ers have always been disaffected to tlie Dutch, nor was there, nfter the surrender, any foreign accession from the Netherlands. The province being thus poorly in- habited, the price of labour became so enormously en- hanced, that we have been constrained to import ne- groes from Africa, who are employed in all kinds of servitude and trades. - .-^ . *; v English is the most prevailing language among us, but not a little corrupted by the Dutch dialect, wliich is still so much used, in some counties, that the sheritR* iind it difficult to obtain persons sufficiently acquainted with the English tongue, to serve 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 first set- tlers of which were either natives of England, or the immediate descendants of such as began the plantations in the eastern colonies, their customs are similar to those prevailirjg in the English counties, from whence they originally sprang. In the city of New- York, througli our intercourse with Europeans, we follow the London liishions ; though, by the time we adopt them, they become disused in England. Our affiuence, dur- ing the late war, introduced a degree of luxury in ta- bles, dress and furniture, with which we were before unacquainted. But still ve are not so gay a peo[)le a* our neighbours at Boston, and several of the southern colonies. The Dutch counties, in some measure, follow the example of New- York, but still retain many modes peculiar to Hollanders. The city of New- York consists principally of mor« chant)?, shopkeepers, and tradesmen, who sustain the f'c iA ai24 Hislory of New-York. reputation of honest, punctual and fair dealers. With respect to riches, there is not so great an inequality among us, as is common in Boston, and some other places. Every man of industry and integrity has it in his power to live well, and many are the instances of persons, who came here distressed by their poverty, who now enjoy easy and plentiful fortunes. j\ew-York is one of Ihe most social places on the continent. The men collect themselves into weekly evening clubs. The ladies, in winter, are frequently entertained either at concerts of musick or assemblies, and make a very good appearance. They are comely, and dress well ; and scarce any of them have distorted shapes. Tinctured with a Dutch education, they ma- nage their families with becoming parsimony, good pro- vidence, and singular neatness. The practice of extra- vagant gaming, common to the fashionable part of the fair sex, in some places, is a vice with which my coun- trywomen cannot justly be charged. There is nothing they so generally neglect as reading, and, indeed, all the arts for the improvement of the mind, in which, 1 confess, we have set them the example. They are mo- dest, temperate, and charitable ; naturally sprightly, sensible, and good humoured ; and, by the help of a more elevated education, would possess all the accom- plishments desirable in the sex. Our schools are in the lowest order ; the instructors want instruction, and through a long, shameful neglect of all the arts and sciences, our common s|)eech is extremely corrupt; ^nd the evidences of a bad taste, both as to thought and laniijuage, are visible in all our proceedings, publick |ind private. .. 4i' "^ ,T 4 . ;n'. f^ w History of New- York, 325 The people, botli in town and country, are sober, in- dustrious, and liospitable, though intent upon ^ain. The richer sort keep very plentiful tables, abounding with great varieties of flesh, fish, fowl, and all kinds of vegetables. The common drinks are beer, cider, weak punch, and Madeira wine. For desert, we have fruits in vast plenty, of different kinds and various spe- cies. ......,,-•■' Gentlemen of estates rarely reside in the country, and lience few or no experiments liave yet boen made in agriculture. The farms being large, our husband- men, for that leason, have little recourse to art for ma- nuring and improving their lands; but it is said, that na- ture has furnished us witli sufficient helps, whenever necessity calls us to use them. It is much owing to the disproportion between the immber of our inhabitants, and the vast tracts remaining still to be settled, that we have not, as yeiy entered upon scarce any otlier manu- factures, than such as are indispensably necessary for our home convenience. Felt making, which is perhaps the most natural of any we could fall upon, was begun some years ago, and hats were exported to the West Indies with great success, till lately prohibited by an act of parliament. The inhabitants of this colony are in general healthy and robust, taller, but shorter lived, tlian Europeans, and, both with respect to their minds and bodies, arrive sooner to an age of maturity. Breathing a serene, dry, air, they are more spiightly in their natural tempers than the people of England, and hence instances of sui- cide are here very uncommon. The history of our dis- eases belongs to a profession with which I am very lit- tle acquainted. Few physicians amongst us are eini- "•mm EH' .1; mi • 326 Hislory of Netv-York. nent for their skill, duacks abound like locusts iu' Egypt, and too many have recommended theniseives to a full practice and profitable subsistence. This is the less to be wondered at, as the profession is under no kind of regulation. Loud as the call is, to our shame be it remembered, we have no law to protect the lives of the king's subjects, from the malpractice of pretenders* Any man, at his pleasure, sets up for physician, apoth- ecary, and chirurgeon. No candidates are either exam- ined or licensed, or even sworn to fair practice.^ The natural history of this province would of itself furnish a small volume, and therefore I leave this also to sucii as have capacity and leisure to make useful observations in that curious and entertaining brancli of natural phi- losophy. CHAPTER III. ^ ^ ' Of our Trade. The situation of New- York, with respect to foreign markets, for reasons elsewhere assigned, is to be pre- ferred to any of our colonies. It lies in the centre of the British plantations on the continent, has at all times a short, easy access to the ocean, and commands almost the whole trade of Connecticut and New-Jersey, two fertile and well cultivated colonies. The projection of cape Cod into the Atlantick, renders the navigation from the former to Boston, at some seasons, extremely * The necessity of regulatiog the practice of physic, and a plan for that purpose, were strongly recommended by the author of the Inde- pendent Reflector, in 1 753, when the city of New-York aloae boasted the honottr of having above fort; gentlemen of that faculty. -^>t History of New-York, 327 fjierilous ; and sometimes the coasters are driven off, and compelled to winter in the West Indies. But the conveyance to New- York from the eastward, through the sound, is short, and unexposed to such dangers. Philadelphia receives as little advantage from New- •Tersey, as Boston from Connecticut, because the only rivers which roll through that province disembogije not many miles from the very city of New- York. Several attempts have been made to raise Perth Amboy into a trading port ; but hitherto it has proved to be an un^ feasible prqjec:t. New- York, all things considered, has a much better situation, and, were it otherwise, the city has become too rich and considerable, to be eclipsed by any other town in its neighbourhood. Our merchants are compared to a hive of bees, who industriously gather honey for others....wow vobis mellificatis apes. The profits of our trade centre chief- ly in Great Britain, and, for that reason, methinks, among others, we ought always to receive the generous aid and protection of our mother country. In our traf- fick with other places, the balance is almost constantly in our fivour. Our exports to the West Indies are bread, peas, rye meal, Indian corn, apples, onions, boards, staves, horses, sheep, butter, cheese, pickled oysters, beef, and pork. Flour is also a main article, of which there is shipped about eighty thousand barrels per annum. To preserve the credit of this important branch of our staple, we have a good law, appointing officers to inspect and brand every cask before its ex- portation. The ret lu-ns are chiefly rum, sugar, and mo- lasses, except cash from Curacoa, and when mules, from the Spanish main, are ordered to .Tamaica, and the Windward Islands, which are jjfcjicrallv exclianic- il m up 328 History of New-York. 4: ed for their natural produce, for we receive but lit- tle cash from our own islands. The balance against them would be much more in our favour, if the in- dulgence to our sugar colonies, did not enable them to sell their produce at a higher rate than either the Dutch or French islands. ^^ ^' The Spaniards commonly contract for provisions, with merchants in this and the colony of Pennsylva- nia, very much to the advantage both of the con- tractors and the publick, because the returns are wholly in cash. Our wheat, flour, Indian corn, and lumber shipped to Lisbon and Madeira, balance the Madeira wine imported here. '' 'f *• • '• The logwood trade to the bay of Hondm-as is very considerable, and was pushed by our merchants with gi'eat boldness in the most dangerous times. The ex- portation of flax seed to Ireland is of late very much increased. Between the 9th of December 1755, and the 23d of February following, we shipped off twelve thousand five hundred and twenty-eight liogsiieads. In return for this article, linens are imported and bills of exchange drawn in favour of England, to pay for the dry goods we purchase there. Our logwood is remit- ted to the English merchants for the same purpose. The fur trade, though very much impaired by the French wiles and encroachments, ought not to be pass- ed over in silence.'^ The building of Oswego has con- * It is computed that formerly we exported one hundred and fifty ho$;8heads of beaver and other fine furs, per annum, and two hundred ho^iiheads of Indian dressed deer skins, besides those carried from AJbany into New-Englaod. Skins undressed arc usually sliipped to Hollaad. History of' Nem-York. 329 ducerl, more than any thing else, to the preservation of tills trade. Peltry of all kinds is purchased with rum, aniinunition, blankets, strouds, and watnputn, or conque shell bugles. The French fur trade, at Albany, was carried on till the summer, 1755, by the Caghnuaga prosel} t«^s ; and in return for their peltry, they receiv* ed Spanish pieces of eight, and some other articles which the French want to complete their assortment of Indian goods. For the savages prefer the English strouds to theirs, and the French found it their interest to purchase them of us, and transport them to the western Indians on the lakes Erie, Huron, and at the streight of iVIiailimakinac. Our importation of dry goods from England is so vastly great, that we are obliged to betake ourselves to all possible arts, to make remittances to the British mer- chants. It is for this purpose we import cotton from St, 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 silver and gold we can collect. It is computed that the annual amount of the goods purchased by this colony in Great Britain, is in value not less than 100,000/. sterling ; and the sum would be much greater if a stop was put to all clandestine trade. England is, doubtless, entitled to all our superfluities ; because our general interests are closely connected, and her navy is our principal defence. On this account, the trade with Hamburgh and Holland for duck, chequered linen, oznabrigs, cordage, and tea, is certainly, upon the whole, impolitick and unreasonable ; how much soever it may conduce to advance the interest of a few jnei!'*. ohants, or this particular colony. » ■ 42 ' '• '',W ,'■►-•■1 n : 330 History of New- York, By what measures this contraband trade may be ef- fectually obstructed is hard to determine, though it well deserves the attention of a British parliament. Increas- ing the number of custom house officers, will be a re- ^ medy worse than the disease. Their salaries would be an additional charge upon the publick ; for if we argue from their conduct, we ought not to presume upon their fidelity. The exclusive right of the East India compa- ny to import tea, while the colonies purchase it of fo- reigners thirty per cent, cheaper, must be very prejudi- cial to the nation. Our people, both in town and country, are shamefully gone into the habit of tea drinking ; and it is supposed we consume of this commodity in value near 10,000/. sterling per annum. ... ' Some are of opinion that the fishery of sturgeons, which abound in Hudson's river, might be improved to the great advantage of the colony ; and that, if proper measures were concerted, much profit would arise from ship building and naval stores. It is certain we have timber in vast plenty, oak, white and black pines, fir, locust, red and white mulberry, and cedar ; and per- haps there is no soil on the globe, fitter for the produc- tion of hemp t'ian the low lands in the county of Alba- ny. To what I have already said concerning iron ore, a necessary a^iicle, I shall add an extract from the In- dependent Reflector. ' " It is generally believed that this province abounds^ with a variety of minerals. Of iron, in particular, we have such plenty, as to be excelled by no country in the world, of equal extent. It is a metal of inttin- sick value beyond any other, and preferable to thepur- ' est gold. The former is converted into nuinberless forms^ for as many indispensable uses ; the latter, for ■U IBstory of Neiv-York, 331 its portableness and scarcity, is only fit, for a medium of trade : but iron is a branch of it, and, I am persuaded, will, one time or other, be one of the most valuable ar- ticles of our commerce. Our annual exports to Bos- ton, Rhode Island, and Connecticut, and, since the late act of parliament, to England, are far from being in- considerable. The bodies of iron ore, in the northern parts of this province, are so many, their quality so good, and their situation so convenient, in respect of wood, water, hearth stone, proper fluxes, and carriage, for furnaces, bloomeries, and forges, that with a little attention, we might very soon rival the Swedes in the produce of this article. If any American attempts in iron works have proved abortive, and disappointed their undertakers, it is not to be imputed either to the quali- ty of the ore, or a defect of conveniences. The want of more workmen, and the villainy of those we general- ly have, are the only causes to which we must attribute such miscarriages. No man, who has been concerned in them, will disagree with me, if I assert, that from the founder of the furnace to the meanest banksman, or jobber, they are usually low, profligate, drunken, and faithless. And yet, under all the innumerable disad- vantages of such instruments, very large estates have, in this way, been raised in some of our colonies. Our success, therefore, in the iron manufactory, is obstruct- ed and discouraged by the want of workmen, and the high price of labour, its necessary consequence, and by these alone ; but *tis our happiness, that such only be- ing the cause, the means of redress are entirely in our own hands. Nothing more is wanting to open a vast fund of riches to the province, in this branch of trade, than the importation of foreigners. If our merchants and m -4 m 332 History of New- York, landed gentlemen could be brought to a coalition in this design, their private interests would not be better advanced by it, than the publick emolument ; the lat- ter, in particular, would thereby vastly improve their lands, increase the number and raise the rents of their tenants. And I cannot but think, that if tho«ie gentle- men, who are too inactive to engage in such an enter- prise, would only be at the pains of drawing up full representations of their advantages for iron works, and of publishing them, from time to time, in Great Britain, Ireland, Germany, and Sweden ; the province would soon be supplied with a sufficient number of capable workmen in all the branches of that manufactory/' The money used in this province is silver, gold, Bri- tish halfpence, and bills of credit. To counterfeit either of them is felony without benefit of clergy ; but none, except the latter, and Lyon dollars, are a legal tender. Twelve halfpence, till lately, passed for a shilling ; which being much beyond their value in any of the neighbouring colonies, the assembly, in 1753, resolved to proceed, at their next meeting, after the first of May ensuing, to the consideration of a method for ascertaining their value. A set of gentlem<^n, in number seventy-two, took the advantage of the discre- dit that resolve put upon copper halfpence, and on the 22d of December, subscribed a paper, engaging not to receive or pass them, except at the rate of fourteert coppers to a shilling. This gave rise to a mob, for a few days, among the lower class of people ; but some of tliem being imprisoned, the scheirie was carried into execution, and established in every part of the province, ^vithout the aid of a law. Gur paper bills, which are issued to serve the exigencies of the government, were History of NerV'York. 333 at first equal to an ounce of silver, then valued at e\0\i shi limits. Before the late Spanish war, silver and gold were in great demand, to make remittances for Euro- pean goods, and then the bills sunk, an ounce of silver being wortli nine, shillings and three pence. During the war, the credit of our bills was well supported, part- ly by tiic number of prizes taken by our privateers, and the high price of our produce abroad ; and partly by the logwood trade and the depreciation of the New- England paper money, which gave ours a free circula- tion through the eastern colonies. Since the war, sil- ver has been valued at about nine shillings and two pence an ounce, and is doubtless fixed there, till our imports exceed what we export. To assist his majesty for removing the late encroachments of the Frenctiy we have issued 80,000/. to be sunk in short periods, by a tax on estates leal and personal ; and the whole amount of our paf)er currency is thought to be about 160,000/. Never was the trade of this province in so flourish- ing a condition, as at the latter end of the late French war. Above twenty privateers were often out of this port, at a time ; and they were very successful in their captures. Provisions, which are our staple, bore a high price in the West Indies. The French, distressed through a want of them, gladly received our flags of truce, though sometimes they had but one or two pri- soners on board, because they were always loaded with flour, beef, pork, and such likp commodities. The dan- ger their own vessels were exposed to, induced them to sell their sugars to us at a very low rate. A trade was, at the same time, carried on between .Jamaica and the Spanish Main, which opened a fine market to the north- ern colonies, and the returns were, principally, in cash. I.- BMt 'li V •334 History of Nav-York. It was generally thought, that if the war had continued the greatest part of the produce of the Spanish and French settlements in the West Indies would have been transported to Great Britain, through some one or oth- er of her colonies ; whence we may fairly argue their prodigious importance. The provincial laws relating to our trade are not very numerous. Those concerned in them, may liave recourse to the late edition of our acts at large, pub- lished in 1752 ; and for tliis reason, I beg to be excused from exhibiting an unentertaining suuimai y of them in this work. V • . »-$:«-^^;«-4 ■ \-i')/' CHAPTER IV. Of our Religious State, By the account already given, of the rise and pro- gress of the acts for settling a ministry in four counties, and the observations made concerning our various Christian denominations, I have, in a great measure, an- ticipated what I at first intended to have ranged under this head. The principal distinctions among us, are the episco-* palians, and the Dutch and English presbytcrians ; the two last, together with all the other protest ants in the colony, are sometimes (perhaps here hnproperly) called by the general name of dissenters ; and, compared to them, the episcopalians are, I believe, scarce in the pro- portion of one to fifteen. Hence partly arises the gen- eral discontent on account of the ministry acts ; not so much that the provision made by them is engrossed by the minor sect, as because the body of the people, are r:- Hislory of Neiv-York: J. 335 to )ro» Cen- so by laro for an equal, universal, toleration of protestants, and utterly averse to any kind of ecclesiastical establish- ment. The dissenters, though fearless of each other, are all jealous of tht episcopal party, being apprehensive that the countenance they may have from home, will foment a lust for dominion, and enable them, in process of time, to subjugate and oppress their fellow subjects. The violent measures of some of our governours have given an alarm to their fears, and if ever any other gen- tle'uan, who may be honoured with the chief command of the province, begins to divert himself, by retrench- ing the privileges and immunities they now enjoy, the confusion of the province will be the unavoidable con- sequence of his folly. For though his majesty has no other subjects upon whose loyalty he can more firmly depend, yet an abhorrence of persecution, under any of its appearances, is so deeply rooted in the people of this plantation ; that as long as they continue their numbers and interest in the assembly, no attempt will probably be made upon the rights of conscience, with- out endangering the publick repose. Of the government of the Dutch churches, I have al- ready given an account. As to the episcopal clergy, they are missionaries of the English society for propa- gating the gospel, and ordinarily ordained by the bi- shop of London, who, having a commission from the king to exercise ecclesiastical jurisdiction, commonly ap- points a clei-gyman here for his commissary. The min- isters are called by the particular churches, and main- tained by the voluntary contribution of their auditors and the society's annual allowance, tlieir being no law for tithes. . ,.l,^ 33a Historj/ of ^erv-Yorky The English presbyterians are very numerous* Those inhabiting New-York, New-Jersey, Pennsylva- nia, and the three Delaware counties, are regularly formed, after the manner of the church of Scotland, in- to consistories or kirk sessions, presbyteries and synods, and will probably soon join in erecting a general as- sembly. The clergy are ordained by their fellows, and maintained by their respective congregations. I except those missionaries among the Indians, whose sub- sistance is paid by the society in Scotland for propagat- ing Christian knowledge. None of the presbyterian churches in this province are incorporated, as is the case of many in New-Jersey. Their judicatories are upon a very proper establishment, for they have no authority by legal sanctions to enforce their decrees. Nor indeed is any religious sect, amongst us, legally invested witli powers prejudicial to the common privileges of fj.o rest. The dominion of all our clergy is, as it ought be, merely spiritual. The episcopalians, however, some- times pretend, that the ecclesiastical establishment in South Britain extends here ; but the whole body ofthe dissenters are averse to the doctrine. The point has been disputed with great fervour, and the sum of the arguments against it is contained in a late paper, which I shall lay before the reader, at large, without any ad- ditional reflections. It was published in September, H.'JS, under the title ofthe Independent Reflector, and is in these words : The arguments in support of an ecclesiastical esta- blishment, in this province, impartially considererl and refuted : HisiWy of NtW'YorTc: 337 I titk csla- 1 ami 1 1 >. \ ' Eripe turpi Colla jugo : lilier, liber suns die a«re. Hor. Whether the church of England is equally establish- ed in the colonies, as in tlie southern parts of Great Britain, is a question that has often been controverted. Those who hold the affirmative, have drawn a long train of consequences in favour of the episcopalians, taking it for granted that the truth is on tlieir side. Tiie pres- byterians, independents, congregationalists, anabaptists, quakers, and all those among us, who, in England, would fall under the general denomination of dissenters, are warm in the negative. I beg leave, therefore, to iuterpose in the debate ; and, as I promised in the in- troduction to these papers, to vindicate the religious, as well as civil rights and privileges of my countrymen ; l shall devote this paper to a consideration of so impor- tant a point : to which I a/n tlie more strongly inclined, because such establishment has often been urged against the scheme I have proposed for the constitution of our cojlege. My opinion is, that the notion of a general religious establishment in this province, is entirely groundless. According to tiie strict rules of controver- sy, the onus prohandit or the burden of tlie proof, lies upon those who affirm the position, and it would there- fore be sufficient for me barely to deny it. I shall, ne- vertheless, wave the advantage of this rule of the schocds ; and, as becomes an impartial advocate for truth, pro- ceed to state the argumeitts which are generally urged in support of an establishment. \ shall then show tlieir insufficiency, and conclude with the particular reasons upon which my opinion is founded. . r They who assert that the church of England \^ esta- blished in this .province, never, thdt 1 liuv«j lieaid otf 43 i ''.It" 'V' 5 * *h- ill I r. *%f 338 History of New-York. pretended that it owes its establishment to any provin- cial law of our own makino:. Nor, indeed, is there the least ground for such a supposition. The ads, that es- tablish a ministry in this, and three other counties, do not affect the whole colony ; and, therefore, can by no means be urged in support of a general establishment. Nor were they originally designed to establish the epis- copalians in preference or exclusion of any other pro- testants in those counties to which they are limited. But as the proposition is, that the establishment of the church of £ngland is equally binding here, as in Eng- land ; so, agreeable thereto, the arguments tliey ad- duce are the folio wins: : : ' • ' >' v i"- First, That as we are an English colony, the constitu- tional laws of our mother country, antecedent to the legislature of our own, are binding upon us ; and there- fore at the planting of this colony, the English religious establishment immediately took place. Secondly, That the ad, wliic h established the epis- copal church in South Britain, previous to the unioi. of England and Scotland, extends to, and equally atlects, all the colonies. '*' - . - .. ; r These are the onlv arq;'iments that can be offered with the least plausibility ; and if tin y are shown to be inconclusive, the position is disproved, and the argu- ments, of consequences must be impertinent and ground- less. I shall tiegin with the examination of the tirst : and here it must be confessed, for undoubted law, tliiit every new colony, till it has a legislature of its own, is, in general, subject to the laws of the cimntry from whi( h it originally sprang. But that all of them, without dis- tinction, are to be suppost^d binding upon such planters, isiieiilier agreeable to law nor reason. The laws which History of New- York. 339 , IS, iich d is- le rs, k'Jv tliey carry with them, and to which they are subject, are aiich as are absohitely necessary to answer the ori- ginal intention of our entering into a state of society. Such as are requisite, in their new colony state, for the advancement of their and the general prosperity ; such, without which they will neither be protected in their lives, liberty, or property : and the true reason of their h'Anv consi;;, m e\i 349 History of New-York, Seconclly, To suppose all the laws of England, witb- out distinction, obligatory upon every new colony at its implantation, is absurd, and would effectually pre- vent the subjects from undertaking so hazardous an ad- ventuie. Upon sucli a supposition a thousand laws will be introduced, inconsistent with the state of a new coun- try, and destructive of the planters. To use the words of the late attorney general, sir Dudley Ryder,^ " It Would be acting the part of an unskilful physician, who should presf ribe th« saine dose to every patient, with- out di>?tingU!shing tlie variety of distempers and con- stituti tns." According to this doctrine, we are subject to the payment of tithe^, ought to have a spiritual court, and impoverished, as the first settlers of the province must h.ive been, they were yet liable to the payment of the land tax. And had this been the sense of our rulers, and tlieir conduct conformable thereto, scarce ever would our colonies have appeared in their present flourishing condition; especially if it be considered that the fii'st settlers of most of them, sought an exemp- tion in these American wilds, from the establisliment to which they were subject at home. ' - Thirdly, If the planters of every new colony carry with them the established religion of the country from whence they migrate ; it follows, that if a colony had been planted when the English nation were pagans, tlie establishment in such col ny must be paganism alone : and, in like manner, had this colony been planted while po]iery was established in England, the religion of pa- t)ists liiust have been our established religion ; and if it / . u ,. * Aftprwpr<^s \o\i\ c liiff jiiptlrr of the kJnpV bfiich. Tlifw* wore hU vorris. in an opiuiun agaiuet tiie exknt of the. statute of frautis aa4 VCTJurieBk History of New-York, 341 is our duty to conform to the relii^ion established at home, we are equally bound, against conscience and t!ie Bible, to be pii^ans, papists, or protestants, accord- ini^ to the particular relisjion they shall please to adopt. A doctrine that can never be urged, but with a very ill grace indee;!, by any protestant minister ! Fourtlily, If the church of England is established in this colony, it must either be founded on acts of parlia- rifient, or the co.nmon law. That it is not establislied by the first, I shall prove in the sequel ; and tliat it can- not be established bv the common law, appears from the ffdlo wing consiu.aiions. The common law of England, properly defined, con- sists of those general laws to which the English have been accustoaied, from time whereof there is no mem- ory to the contrary : and every law, deriving its valid- ity from such immemorial custom, must be carried back as far as to the reign of Richard I. whose death happened on the 6th of April, 1 199. But the present establishment of the church of England was not till the fifth year of queen Anne. And hence it is app.u'ent, that the establishment of the church of England, can never be argued from the common law even in Eng- land ; nor could be any part of it, since it depends not for its validity upon custom immemorial. And there- fore, though it be adnutterl, that every English colony is subject to the common law of the realn, it by no means follows, that the church of England is established in Ihe colonies ; because, the common law knows of no such religious establishment, nor consiflers any religious estal)lishment whatever, as any part of the English con- stitution. It does, indeed, encoui age ndigion ; but that, and a particulf\r cliurch jjoverninent, arc tniu«[s enlirely ylillerent. mi mm 'i *i.m;i ■» . 1 1 ^^^ H '' ■ j 'mjjHIaX^ j S^H ' •]i :• s'l^t^l^jfi \m ''il^''l«^-j3lfl m 342 History of Ncw-'Yori, I proceofl now to a consideration of the second arqju- iiient insisted on, to prove an episcopal establibhment in the colonies, founded on the act which established the church of England, passed in the fifth year of queen Anne, recited and ratified in the act for an union of the two kingdoms of England and Scotland. And that this act does not establish the church of England in the col- onies, has been so fully shown by Mr. Hobart,* in his second address to the episcopal separation in New-Eng- land, that I shall content myself with an extract from the works of that ingenious gentleman, which, with very little alteration, is as follows : " The act we are now disputing about, was made in the fifth year of queen Anne, and is entitled, an act for securing the church of England, as by law established. The occasion of the statute was this: the parliament in Scotland, when treating of an union with England, were apprehensive of its endangering their ecclesiastical es- tablishment. Scotland was to have but a small share in the legislature of Great Britain, but foily-five members in the house of coitimons, which consists of above five hundred, and but sixteen in the house of lonis, which then consisted of near an hundred, and might lie increas- ed by the sovereign at pleasure. The Scots, therefore, to prevent having their ecclesiastical establishment re- pealed in a British parliament, where they might be so easily outvoted by the English members, passed an act, previous to the union, establishing the presbyterian church within the kingdom of Scotland, in perpetuity, and made this act an essential and fundamental part of the union which might not be repealed, or altered by any subsequent British parliament ; and this put the * A fniaist«r of ooe •f tlic •hnrchts at Fairfield, ia Ct aneclicati. ,. ''M IH in I -ja i IgL. 3*46 History of New- York. tablishmert from the light in which the act of union has,, ever since it was passed, been consi(Jered. " Dr. Bis.^e, bishop of Hereford, (says he) a member of the society, preached the annual sermon, February 2J, J 71 7, ten years after the act of union took place ; and he says, it wouM have well become the wisdom wherewith that great work (the reformation or esta- blishment of the church of England) was conducted in this kingdom, that this foreign enterprise (the settle- ment of plantations in America) also should have been carried on by the government in the like regular way. But he owns the government at home did not interpose in the case, or establish any form of religion for us. In truth (says his lordship) the whole was left to tlie wis- dom of the first propria tors, and to the conduct of every private man. He observes, tliat of late years the eivil interest hath been regarded, and the dependence of tlio C(»lonies, on the imperial crown of the realm, secured : but then, with regard to the religion of the plantations, bis lordship acknowledges, that the government itself h< re at borne, sovereign as it is, and invested doubtless with sufficient authority there, hath not thought fit to interpose in this matt* r, othervvibc than in thiij charita- ble way : it hath enabled us to ask the benevolence of all good Christians towards the support of missionaries to be sent among them. I'lms bishop Bisse thought as I do, and that the act of union nor any other law piior thereto, rid extend the establishment to the plantations ; and if the society had not been of the same opinion, they would hardly have printed and dispersed his ser- mon. Neither did tiie civil rulers of the nation, who may justly be supposed acquainted with its laws, think the act of union, or any other law, established the church History oj New- York. 347 dfEnajlanfl in America. This is plain from the letter of the lords justices togovernour Da;n ner, in the year 1725, almost twenty years after the union, wherein they say, there is no reojuJar establishment of any national or provincial church in these plantations. " If it be urged that the king's commission to the late bishop of London, proves an ecclesiastical establish n^int here, it is sullicient to answer, that his lordship was re^ markable for skill in the laws, so far as tliey relate to ecclesiastical atfairs, as appears from his codex ; and he was of the contrary opinion ; for in his letter to Dr. Cohnan, of May 24, 173.5, he writes thus : my opuiion has always been, that the religious state of New Eng- land is founded in an equal liberty to all protestants ; none of which can claim the name of a national esta- blishment, or any kind of su{ niority over the rest. I'his opinion the bishop gave :i'.it only since tiie act of union, but even seven v : rs after h; had received his commission ; and surel • it tnust be admitted that as he hat I time enough to consider it, so he, of all others, best understood it." Thus far Mr. Hobart. With respect to tlie act of union, I b^g leave only to sul>join, that it is highly probable the Scotch parliament believed the English intended to establish their church only in Eng- land, For in the close of the act, by which they hacj established the presbyterian church in Scotland, it is declared, in tlii ' express words, " That the parliaaient of England may provide for the security of the church of England, ts they think expedient, to take place with- in the boi: nds of the said kingdom of England." And whatever latitude tlic word kingdom has In common s[»eech, it, in a legal sense, is limited to England, pro- perly so called, and excludes the plantations, !.1 S'^J S'^S ' , sM^ .M.| 348 History of New-York, \% Nor can we suppose, that tjie church of Ens^land ia eFtablished in these colonies, by any acts prior to the act of union above considered. For, besides the several opinions, against such supposition, already adduced, it is unreasonable to imagine, that if there was any such establishment, king Charles II. in direct repugn.ncy thereto, should have made the grant of Pennsylvania, and given equal privileges to all ieligi<>ns in that | ro- vince, without even cxcejting the Roman catholicks ; and that the colonies of Khode Island, Crnnecticut and the Massachusetts' Bay, should be permitted to niake their provincial estal>lishnient?, in opposition to an ante- cedent establishment of the church of England, espe- cially as the laws of the JVIassachusetts' Bay province, are constantly sent home, and the king has the absolute power of re|)ealing every act he should think improper to be continued as a law. W hoever, therefore, consi- ders this, and that the king is sworn to preserve the church of England establishment, must necessarily con- clude, that whatever sentiments may obtain among th» episcopalians in Anierica, our kings and their courcils have always conceived that such establishment could by no means be extended to us. As to Connecticut, all the episcopalians of that colony, and even their minis- ters, were legally compellable to contribute to an an- nual tax for the ^upport of the congregational clergy, till of late they were favcured \\\\\\ a law which grants thrm a piivilege of exemption from that iniquitous and linnasonable burden. lUit whether they a rt^ subject to ?| the like unchristian impositi<»n in the other cohniieg above mentioned, I am not suiliciently acquainted with their laws to dc'tenuine.*** I huiiuve ihcru isi no just ruuBc for th« coinpIaiDts UausmiUed b^* History of New-York. 349 The lliirteenth number of the Watch Tower publish- ed at New- York, in 1755, espouses the same side with tl.e author of the Refleitor, adds several new arguments and the opinions of eminent counsel at law, and consi- ders the force of wliat is advanced by the late Dr Doug- lass, in favour of liis position, that the religious state of the American plantations is an universal toleration of protestants of every denomination. * The clergy of this province are, in general, but indif- ferently supported : it is true they live easily, but few of them leave any thing to their children. The ej>is- copal miasionai ies, for enlarging the sphere of their se- cular business, not many years ago, attempted, by a pe- tition to the late governour Clinton, to engross the pri- vilege of solemnizing all marriages. A great clamour ensued and the attempt was abortive. Before that time the ceremony was even performed by justices of the peace, and the judges at law have determined such mar- riages to be legal. I'he governour's licenses now run to " all protectant ministers of the gospel." Whether the justices act still, when the bans are published in our churches, which is customary only with the poor, 1 have not been informed. Marriage in a new country ought to have the highest encouragements, and it is on tiiis account, perhaps, that we have no provincial law against such as are clandestine, though they often hap- ])en, and, in some cases, are attended with consequences equally melancholy and mischievous. I I th<> inisBionnrieB. Dr. DniiflnM tinpiirns srvrrnl inRtnnerg of |toii mii- r< prrsf nlPtionK unci tnlfx lionilfi. Vicl. hit Sumniiir}, 2cl vol. p. 130* DoKtnn pdi. 1753, auU the Watch Tower, No. xli. publUhed al New- l^ork, in 1753. H ,*''| 350 Hislori/ of New-York, As to the number of our clergymen, it is larsje enouGjh at present, there being but few settlements unsupplied with a ministry, and some superabound. In matters of religion we are not so intelligent, in general, as the in- habitants of the JNew-England colonies ; but both in this respect and good morals, we certainly have the advan- tage of the southern provinces. One of the king's in- stiuctions to our governours, rerommends the investi- gation of means for the conversion of negroes and In- dians. An attention to botii, especially the latter, has been too little regarded. If the missionaries of the English society for propagating the gospel, instead of being seated in opulent Chrisliaiiized towns, had been sent out to preach among the savages, unspeakable po- litical advantages would have flowed from such a salu- tary measure. Br. Douglass, a senseible, immethodical writer, often incorrect, expects too much:* besides, lie treats the missionaries with rudeness and contempt, and lashes their indolence with unmerciful acrimony. CHAPTER V. . The Polilicui State. This colony, as a part of the king's dominions, is subject to the controul of Ihe British parliament ; but its m<>re immediate government is vested in a gover- iiour, council and general assembly. ^^ • " Our younff miMionarlei inny procure a pfrprtual Hlliance and eommrrrial RdvnritHg^B with the IiuliHui*, which the Romnn catholick clMiry cannot Ho, hecnuee they are forbid to marry. I mean our miesiniiaricH may inlrrniarry with the daughters of the sachems and other cnnftiderable Indians, and their progeny will for ever be a cer- tain cemrnt between uh and the Indians/' ttougl. Sum. &c. veL iK p. 138, fioHtoa edt. 1753. History of New^York, 351 The ^overnours in chief, who are always appointrd by the kinsj's coniiriission, under the jEfreat seal of Great Biitain, enjoy a vast plenitude of power, as may be seen in their patents, wliich are nearly the same. The fol- it ivingis a copy of that to the late sir Danvers Osborn. Gf.orge the second by the giace of God of Great Britain France and Ireland king defender of tlie faith and so forth. To our trusty and well beloved sir Dan- vers Osborn baronet greeting Whereas we did by our letters patent under our great seal of Great Britain bearing date at Westminster the third day of .luly, in the fifteenth year of our reign constitute and app(»int the honourable George Clinton esq. captain general and governour in chief in and over our province of New- Y. rk and the territ ries depending thereon in Ame- rica for and during our will and pleasure as by the said recited letters pateiit (relation being thereunto had) may more fully and at large appear now know you that we have revoked and determined and by tliese presents do revoke and determine the said recited letters patent and every clause article and thing therein contained and fuiiher know you that we reposing especial trust and confidence in tfie prudence courage an I loyalty of you the said sir Dangers Osborn of our especial grace certain knowledge and meer motion have thought fit to constitute and appoint you the said sir Danvers Osborn to be our captain general and governour in chief in and over our province of N< w-York and the territories de- pending tliereon in America and we do hereby require and command you to do and ^>xecute all things in due manner that shall belong unto your said command and the trust we have reposed in you according to the seve* ral powers and diiections granted or a^>puiiited you by m Ma 352 History of New- York. Ibis present commission and the instructions h*»rewifU given >ou or by such furlber powers instructions and authorities as shall at any lime hereafter be i^i anted or appointed you under our signet and sign manual or by our order in our privy council and according to sui h reasonable laws and statutes as now are in force or hereafter shall be made and agreed upon by you with Uie advice and consent of our council an I the assembly of our said province under your government in suih manner and form as is hereafter expressed and our will and pleasure is that you the said sir Danvers Osborn af- ter the publication of these our letters patent do in the first place take the oaths appointed to be taken by an act passed in the first year of our late royal father's reign entitled an act for the further security of his ma- jesty's person and government and the succession of the crow n in the heirs of the late princess Sophia being pro- iestants and for extinguishing the hopes of the pretend- ed prince of Wales and his open and secret abettois as also that you make and subscribe the declaration men- tioned in an act of parliament made in the twenty-fifth year of the reign of king Charles the second intituled an act for preventing dangers which inay happen from popish recusants and likewise that you take the usual oath for the due execution of the office and trust of our captain general and governour in chief in and over our said province of New-York and the territories depend- ing thereon foi the due and impartial administration of justice and furtiier that you take the oath required to be taken by governours of jdantations to do their ut- most that the several laws relating to trade and the plantations be obsc^rved which said oaths and declarati »n our council la our ttaid province or any tliree of the History of NewYork. 363 members 1 hereof have hereby full power and authority and are required to tender and administer unto you and in your absence to our lieutenant governour if there be rjny upon the place all which beini^ duly performed you shall administer unto each of the members of our said council as also to our lieutenant governour if there be any upon the place the oaths mentioned in the said act entituled an act for the further security of his majesty's person and government and the succession of the crown in the heirs of the late princess Sophia being protestants and for extinguishing the hopes of the pretended prince of Wales and his open and secret abettors as also to cause them to make and subsciibe the aforementioned declaration and to administer to them the oath for the due execution of their places and trusts. And we do hereby give and grant unto you full power and autho- rity to suspend any of the members of our said council from sitting voting and assisting therein if you shall find just cause for so doing and if there shall l^e any lieute- nant governour him likewise to suspend from the execu- tion of his command and to appoint another in his stead until our pleasure be known and if it shall at any time happen that by the death departm*e out of our said pro- vince or suspension of any of our said councillors or otherwise there shall bo a vacancy in our said council (any three whereof we do hereby appoint to be a quo- rum) our will and pleasure is that you signify the same unto us by the first opportunity that we may under our signet and sign manual constitute and appoint others in their stead but that our allairs may not suffer at that distance for want of a due number of councillors if ever it should happen that there be less than seven of them residing in our said province we do hereby give and ■tW- >' 354 History of New-York, gitint unto you the said sir t)anvers Osborn full power and authority to chuse as many persons out of the pi in- cipal freeholders inhabitants thereof as will make up the full number of our said council to be seven and no more which persons so chosen and appointed by you shall Ije to all intents and purposes councillors in our said pro- vince until either they shall be confirmed by us or tliat by the nomination of others by us under our sign ma- nual and signet our said council shall have seven or more persons in it. And we do hereby give and grant unto you full power and authority with the advice and con- sent of our said council from time to time as need shall requi"^ to summon and call general assemblies of the said freeholders and planters within your govern- ment according to the usage of our province of New- York. And our will and pleasure is that the persons thereupon duly elected by the major part of the I'ree- holders of the respective counties and places and so re- turned shall before their sitting take the oaths mention- ed in the said act entitled (an act for the further securi- ty of hie majesty's person and government and the suc- cession to the crown in the heirs of tlie late princess Sophia being protestants and for extinguishing the hopes of the pretended prince of Walej* and his open and se- cret abettors) as also make and subscribe the aforemen- tioned declaration (which oaths and declarations you shall commissionate fit persons under our seal of New- York to tender and administer unto them) and until the same shall be so taken and subscribed no person shall be capable of sitting though elected and we do lieieby declare that the persons so elected and qualified shall \ye called and deemed the general assemlily of that our province and the territories depending thereon and Hislm^y of New-Yark, 355 you the said sir Danvers Osborn by and with the con- seiit of our said council and assembly or the major part of ihem respectively shall have full power and au* th'>rHy to make constitute and ordain laws statutes and ordinances for the publick peace welfare and good government of our said province and of the people and inhabitants thereof and such othei's as shall resort thereto and for the benefit of us our heirs and successors which said laws statutes and ordi- nances are not to he repugnant but as near as may be agreeable to the laws and statutes of this our kingdom of Great Britain provided that all such laws statutes and >rdinances of what nature or duration soever be within three months or sooner after the making tiiereof transmitted unto us under our seal of New- York for our approbation or disallowance of 'he same as also dupli- cates thereof by the next conveyance and in case any or all of the said laws statutes and ordinances being not before confirmed by us shall at any time be disallowed and not approved and so signified by us our heirs or successors under our or their sign manual and signet or by order of our or their privy council unto you the said sir Danvers Osborn or to the commander in ciiief of our jiaid province for the time being then sucli and so many of the haid laws statutes and ordinances as shall be so disallowed and not approved slmll from thenceforth cease determine and become utterly void and of none effect any tiling to the contrary thereof notwithstand- ing And to the end that nothing may be passi d or done by our said council or assembly to the prejudice of us our heirs or successors we will and ordain that you the said sir Danvers Osborn shall have and enjoy * negative voice in tlio making and passing of all laws wk ,.;:f'i J 1 H v'''«Kr B||! i«rSi H|| 'iM Ifl^i m mm' 11 asa History of Nerv-York, a statutes and ordinances as aforesaid and you shall and may likewise from time to time as you shall judge it iiecessary adjourn prorogue and dissolve all general assemblies as aforesaid. And our further will and plea- sure is that you shall and may use and keep the pub- lick seal of our said province of New- York for sealing all things whatsoever that pass the great seal of our said province under your government And we do further give and grant unto you the said sir Danvers Osborn full power and authority from time to time and at any time hereafter by yourself or by any other to be au- thorized by you in that beiialf to administer and give the aforementioned oaths to all and every such person and persons as you shall think fit who shall at any time or times pass into our said province or shall be resident or abiding there. And we do further by these presents give and grant unto you the said sir Danvers Osborn full power and authority with tlie advice and consent of our said council to erect constitute and establish such and so many courts of judicature and publick jus- tice within our said province under your government as you and they shall tliink fit and necessary for the hearing and determining of all causes as well criminal as civil according to law and equity and for awarding execution thereupon with all reasonable and necessary powers authorities fees and privileges belonging there- unto as also to appoint and commissionate fit persons in the several parts of your government to administer the oatlis mentioned in the aforesaid act entitled an act for the further security of his majesty's person and go- vernment and the succession of the crown in the heirs of the late princess Sophia being protestants and for extinguishing the hopes of the pretended prince of History of New-York. 357 Wales and his open and secret abettors as also to ten- der and administer tiie aforesaid declaration unto sucli persons belont^ing to the said courts as shall be obliged to take the same And we do hereby authorize and em- power you to constitute and appoint judges and in cases requisite commissioners of oyer and terminer justices of the peace and other necessary officers and ministers in our said province for the better administration of justice and pnltiiig the laws in execution, and to ad- minister or cause to be administered unto them such oath or oaths as are usually given for the due execu- tion and performance of offices and places and for the clearing of truth in judicial causes And we do hereby give and grant unto you full power and authority where you shall see cause or shall judge any oflender or offenders in criminal matters or for any fines or for- feitures due unto us fit objects of our mercy to pardon all such offenders and to remit all such offences fines and forfeitures (treason and wilful murder only excepted) in which cases you shall likewise have power upon ex- traordinary occasions to g"ant reprieves to the ofiend- ers until and to the intent our royal pleasure may be known therein. And we do by these presents authorize and empower you to collate any person or persons to any churches chapels or other ecclesiastical benefices within our said province and territories aforesaid as often as any of them shall happen to be void. And we do hereby give and grant imto you tiie said sir Danvers Osborn by yourself or by your captains and command- ers by you to be authorized full power and authority to levy arm muster command and employ all persons whatsoever residing within our said province of New- York and other the teriitoilcs un<]er your government i u t V I'JiJV;;- -ft. ■\ '■;•'' I', ^: 358 History of Neiv-York, and as occasion shall serve to march from one place to another or to embark them for the resisthig and with- standing of all enemies pirates and rebels both at sea and land and to transport such forces to any of our plantations in America if necessity shall require for the defence of the same against the invasions or attem{>ts of any of our enemies and such enemies pirates and re- bels if there siiall be occasion to pursue and prosecute in or out of the limits of our said province and planta- tions or any of tliem and if it shall so please God, them to vanquish, apprehend and take and being taken either according to law to put to death or keep and preserve alive at your discretion and to execute martial law in lime of invasion or other times when by law it may be executed and to do and execute all and every other thing and things which to our captain general and go- vernour in chief doth or ought of right to belong and we do hereby give and grant unto you full power and authority by and with the advice and consent of our saif! council to erect raise and build in our said province of New-York and the territories depending thereon such and so many forts and platforms, castles, cities, bo- roughs, towns and fortifications as you by the advice aforesaid shall judge necessary and the same or any of them to fortify and furnish with ordnance, ammunition and all sorts of arms fit and necessary for the security and defence of our said province and by the advice aforesaid the same again or any of them to demolish or dismantle as may be most convenient and forasmuch as divers mutinies and disorders may happen by persons shipped and employed at sea during the time of war and to the end that such as. shall be shipped and employed at sea during tlie time of war may be better governed and History of New- York, 359 ordered we do hereby give and grant unto you the said sir Danvei's Osborn full power and authority to constitute and appoint captains lieutenants masters of ships and other commanders and officers and to grant to such captains lieutenants masters of ships and other com- manders and officers commissions to execute the law mailial during tlie time of war according to the direc- tions of the two acts the one passed in the thirteenth year of the reign of king Charles the second entituled an act for the establishing articles and orders for the regulating and better government of liis majesty's na- vies ships of war and forces by sea and the other passed in the eighteentli year of our reign entituled an act for the further regulating and better government of his majesty's navies ships of war and forces by sea and for regulating proceedings upon courts martial in the sea service and to use such proceedings authorities punishments corrections and executions upon any offender or offenders who shall be mutinous seditious disorderly or any way unruly either at sea or during the time of tlicir abode or residence in any of the ports harboui's or bays of our said province and territories as the case shall be found to require according to the martial law and the said direction during the time of war as aforesaid provided tliat nothing herein contained shall be construed to the enabling you or any by your authority to hold plea or have any jurisdiction of any offences cause matter or thing committed or done upon the high §ea or within any of the havens rivers or creeks of our said province and territories under your govern- ment by any captain commander lieutenant master offi- cer seaman soldier or other person whatsoever who sliall he in our actual service and pay in or on board any of \£y>.l -i' "18 ^^f:i f '* f '^Wi'^T * ' -mi 360 History of New- York, our ships of war or other vessels acting by immediate commission or warrant from our commissioners for ex- ecuting the office of oui ingh admiral or from our high admiral of Great Brital ■ ,'rr Iho time being under the seal of our admiralty but that such captain commander lieutenant master officer seaman soldier or other per- son so offending shall be left to be proceeded against and tried as their offences shall require either by com- mission under our great seal of Great Britain as the statute of the twenty-eighth of Henry the eighth directs or by commission from our said commissioners for ex- ecuting the office of our high admiral or from our high admiral of Great Britain for the time being according to the aforementioned acts. Provided nevertheless that all disorders and misdemeanors committed on shore by any captain commander lieutenant master officer sea- man soldier or other person whatsoever belonging to any of our ships of war or other vessels acting by im- mediate commission or warrant from our said commis- sioners for executing tlie office of our high admiral or from our high admiial of Great Britain for the time be- ing under the seal of our admiralty may be tried and punished according to the laws of the place where any such disorders offences and misdemeanors shall be comit- ted on shore notwithstanding such offenders be in our actual service and born in our pay on board any such our ships of war or other vessels acting by immediate commission or warrant from our said commissioners for executing the office of our high admiral or from our high admiral of Great Britain for the time being a? aforesaid so as he shall not receive any protection for the avoiding of justice for such oflences committed on shore from any pretence of his being employed in our ■f History oj New- York. 3Gi service at sea. And our further will and pleasure is that all publick monies raised or which shall be raised by any act to be hereafter made within our said province and other the territories depending thereon be issued out by warrant from you by and with the advice and consent of our council and dis- posed of by you for the support of the government and not otherwise and we do hereby likewise give and grant unto you full power and authority by and with the ad- vice and consent of our said council to settle and agree with the inhabitants of our province and territories aforesaid for such lands tenements and hereditaments as now are or hereafter sliall be in our power to dispose of and them to grant to any person or persons upon such terms and under such nioderate quitrents services and acknowledgments to be thereupon reserved unto us as you by and with the advice aforesaid shall think fit which said grants are to pass and be sealed by our seal of New-York and being entered upon record by such officer or officers as are or shall be appointed thereunto shall be good and effectual in the law against us our heirs and successors and we do hereby give you the said sir Danvers Osborn full power to order and ap- point fairs marts and markets as also such and so many ports harbours bays havens and other places for the con- venience and security of shipping and for the better loading and unloading of goods and merchandizes as by you with the advice and consent of our said council shall be thought fit and necessary and we do hereby re- quire and command all officers and ministers civil mil- itary and all other inhabitants of our said province and territories depending thereon to be obedient aiding and assisting unto you the said sir Danvers Osborn in the 46 ■■"']::■ rf U ii.;V ■ '9' 362 Hislorj/ of Nctv-yorL execution of this our coinniission and the powers and authorities herein contained and in case of your death or absence out of our said province and territories de- pendin/;; thereon to be obedient aiding and assisting un- to such pers^m as shall be appointed by us to be our lieutenant governour or commander in chief of our said province to whom we do therefore by tiiese presents give amt grant ail and singular the powers and autliori- ties herein granted to be l)y him executed and enjoyed during our pleasure or until your arrival within our said province and territories and if upoi; your death or absence out of our said province and territories depend- ing tliereon there be no person upon the place comuiis- aionated or appointed by us to be our lieutenant gover- nour or commander in chief of our said province our will and pleasure is that the eldest counsellor whose name is first placed in our said instructions to you and ■ who shall at the time of your death or absence be resid- ing within our said province of New- York shall take upon him the admiiiistiation of the government and ex* e(ute our said commission and instructions and the se^ vera! powers and authorities therein contained in the same manner and to all inti^its and purposes as other our governour and commander in chief of our said pro- vince shniHd or ought to do in case of your absence un- til your return or in all cases until our further pleasure be known therein and we do hereby declare ordain and appoint that you the said sir Danvers Osbom shall and may hohl execute and enjoy the oflice and place of our raptain general and governour in chief in and over our province of New- York and the territcnies depending thereon together with ali ansence to our commander in cliief of our province of iNew- York all and every the like powers as in these presents are before granted and recited fijr the ruling govtrning and ordering our militia and all our forces forts and places of strength witliin our pro -ince of New- York to be exercised by you the said sir Djuivers < )sborn and in your absence from o'u- ttjrritorics and dominion of New-York by our cominandf our reign. By nrtf of privy seal, YoHKK nnd YoRKK. ( 'M m Mr 364 History of New- York. The instructions received with the commission, are explanatory of the patent, and regulate the governour*s conduct on ahnost every common contingency.* The salary, generally granted to the governour by the instructions, is 1,200/. sterling out of the revenue here ; but that being an insufficient fund, the assembly, in lieu of it, give him annually 1,560/. currency. The perquisites perhaps amount to as much more. This office was formerly very lucrative, but becomes daily less consideral)le, because almost all the valuable tracts of land are already taken up. - V * " The council, when lull, consists of twelve members, appointed by the kinsf's mandamus and sign manual. All their privileges and powers are contained in the instructions. Thoy are a [)rivy council to the gover- nour in acts of civil government : and take the same oath administered to the king's (council in England. The tenure of their [daces is extremely precarious, and yettlieir inHuenpe upon the publick measures very con- siderable. Jri the grant of all patents the governour is bound to consult them, and regularly they cannot pass the seal without their advice. They enjoy a legislative pow'^r, as the lords do in ))arliament ; and exercise also judicial authority upon writs of error and ajipeals. They are convened by the governour ; and he i^ always present w!ien they pit as a court or privy council, which is ordinarily at the fort. In their legislative c apacity, they i^.ieet without the go- vernour, and always at flu; cifv hall. Tiie' sit accord- ing to their seniovil v, and the eldest member present is * The instriictionn arc, in niimber, aliovf » linnoard is of late very much increased, and never had so great weight in the colony as at present ; which is much owing to the king's calling lawyers of reputation to the assistance of his governours. The present members are tlio lionourable . .^ Cadwallader Golden, .Toseph Murray, , Archibald Kennedy, .Tohn Hutlierford, >, , .Tames De Lancey,* l.ou- Edward Holland, tenant govcrnour, Sir Wm. Johnson, barf. Daniel Horsmanden, .Tohn Chambers, (ieorge Clarke, jun. William Smith. The business in council daily increases, and is now become very burdensome, being entirely transacted by a few memlx^rs. Mr. Colden resides in the country ; Mr. Clarke in En^rland ; Mr. llutlicM-ford, being an of- iW '* The oflice of Ucutr;iant governour rcquiirs no ncrvicc, cxci-pt on ilic dcHlh or in the nbsencc of the jjovrrnoiiv in iliief. It givcp no rank in foiinri). nor i«» thrre nnv snlnrv nnnrxei". fo it. 36i> History of Neiv-York. ficer, moves with the army, and sir William Johnson lias his residence in the western part of the county of Albany. 'I'he general assembly consists of twenty-seven re- presentatives, chosen by the people, in pursuance of a writ of summons issued by the governour. At the day appointed for their appearance, such as are elected, convene themselves at the assembly cham- ber, in the city of New- York ; and, by the clerk of the house, inform the govecnour of their meetiriiif. If tliey are above thirteen in number, some persons, (generally the judges of the supreme court) are gent to the assembly chamber, empowered by a com- mission to take tlieir oaths and subscription.^. They arc then railed before U'u excellency, who recommends their dioice of a speaker. For thai purpose they again retire, and conduct the person they elect into the chair, wliich is seated at the Uj)per end of a long table. After that he is presented to liis excellency in the council chanil>€:r ; and upon iiis approbation of their ( hoice, which is of course, the speaker addresses himself to the governour, and, in behalf of the house, prays, " that their words and actions may have a favourable con- struction, that the members may have free access to him, und they ar:d their servants be privileged witi) ;i freedom from arrests." The governour, after j)romis- ing these tldngs on his part, reads his speech to both houses; and, at tne request of the speaker, delivers a copy for the use of the assembly. I need not enlarge upon the customs of the general assembly, for tht^y take the practice of the British house of commons for their model, and vary from them ' . .it "Very few instances. Money bi\U are not returned to ^ History of New- York, 367 them by the council board, as the lords do to the com- mons ; and vet the reasons for this practice are much stronger here tlian at home. AVhen the governour pass- es ttie bills sent up to him, both houses are present in the council chamber. It is then customary for h'jn to ask the advice of his council with respect to every bill and he signs them at the foot after these words, " I as- sent to this bill, enactin^jf the same, and order it to be en- rolled." After that the acts are published in the open street, near the city tiall ; his excellency and the two houses being present. The daily wages of the representatives, as regulated by sundry acts of assembly, are annexed to the follow- ing list of the present members of the house. For the city and county of Nkw-York. Paul Hichard, Henry Cruger, William Walton, John Watts, esqrs. each 6s. per diem. City and County of A lb ant. ' Peter Winne, Peter Douw, esqrs. 10^. per diem. ' ^ Westchestkr County. John Thomas, Frederick Pliilispe, tsqrs. 6*'. per diem. Suffolk County. Eleazer iMiller, William Nicoll, esqrs. 9.v. per diem. Qukkin's County. David Jone?, I'homas Cornel, esqrs. ijs. per diem. Kino's County. Johaimes Lott, Dominicus V andervcer, esqrs. 6jf.per diem. Ulster County. Johannes Jansen, Moses De Pew, jun. esqrs. 6s. per «liem. RiruMOND County. W^illiam Walton, Benj. Seaman, esqrs. 6.v. per dienv ■i 'm 368 His tori/ of ^ew-York* Dutchess County. Henry Beekmaii, Henry Filkin, esqrs. 65. per diem. Orange County, Theodorus Snediker, SamuelGale, esqrs. 65. per diem. Borough of Westchester. Peter De Lancey, esq. lOs, per diem. Township o/* Schenectady. Jacobus Mynderse, esq. 10^. per diem. Manor of Renslaerwyck. John B. V, Renslaer, esq. 10a*. per diem. Manor of Livingston Robert Livingston, jun. esq. IO5. i)er diem. ;. Manor 0/* Courtlandt.^ ., ,^ . Philip Ver Plank, esq. 65. per diem. The continuance of our assemblies was unliiuiled, till the political struggles, which took rise in Mr. Cosby'b administration, forced Mr. Clarke, who succeeded him, to pass the act restricting them to three years ; hut this was repealed by the king, and a septennial law enacted soon after the arrival of governour Clinton, which is still in full force. iNo colony, upon the continent, has formerly suffered more than (jurs, in the opinion of the king's ministers This has been owing to the ill impressions made by cmr governours, who are scarce ever disengaged from dis- putes with the lower house. Our representatives, agreeable to the general sense of their constituents, are Unacjous in their opinion that the inhabitants of this colony are Lift jtled to all the privileges of Englishmen ; tljat they have a right to parti, ipate in the legislative power, and that the session of assemblies here, is wisely substituted instead of a representation in parliaujent, which, all things con?*idcred, wuuld, at thia remote dis- % *. diem, r diem. History oj New- York, 369 tance, be extremely inconvenient and dangerous. The governours, on the other hand, in general, entertain po- litical sentiments of a quite different nature. All the immunities we enjoy, according to then * ^- only flow from, but absolutely depend upon, Ihe mere grace and will of the crown.* It is easy to conceive that conten- tions must nat;jrully attend such a contradiction of sen- timents. Most of our disputes, however, relate to the support of government. Before lord Cornbury's em- bezzlements, the revenue was established for a long pe- riod, but afterwards reduced to a few years. The vio- lent measures, in Mr. Cosby's time, led the assembly to the scheme of an annual provision. These are the words of that much famed address of the house, to lieu- tenant governour Clarke, on the 8th of September, 1737, previous to the change. ' ' • v " The true causes of the deficiency of the revenue, we believe, are too well known to your honour, to make it necessary for us to say much on that head. Had the '- 4 Mi * " We are no more than a little corporation. 1 would advise these gentlemen [assemblies] for the future, to drop those parliamentary airs and style about liberty and property, and keep within their sphere, aud make the best use they can of his majesty^s instmctions and com- mission ; because it would be high treason to sit aud act without it. This is our charter. If we abuse t)r make a wicked use of his majesty's fa- vours, we are, of ihein, but tena'its at will : ^.ve only hold them during pleasure and good behaviour." These are the accurate and bright thoughts of the gentleman who published a pamphlet, entitled *' an es- say on ihe government of the colonies," in 1752. Sir William Jones, attorney general to James II. was of a very ditFerent opinion. For he told the king, " that he could no more grant a commission to levy mo- ney on his subjects in thv plantations, without their consent by an assembly, than ttiey could discharge tliems^lves from their allegiance." Life of sir William Phips, p. 23. ' ^' '^' ! '■> .!:iiv '\ kA ,^4*,r' -# 370 History of Nav-York. conspicuous loyalty of the Inhabitants of liiis province met with a suitable treatment in return : it is not unlike- ly, but we should now be weak enough to act like oth- ers before us, in being lavish beyond our abilities, and raising sums unnecessary to be given ; and continued the donation, like them, for a longer time than what was convenient for the safety of the inliabitants : but ex- perience has shown the imprudence of such a conduct, and the miserable condition to which the province is reduced, renders the raising of large sums very difficult, if not impracticable. We therefore beg leave to be plain with your honour, and hope you will not take it amiss, when we tell you, that you are not to expect that we either will raise sums unfit to be raised ; or put what we shall raJee into the power of a governour to mis- apply, if we can prevent it ; nor shall we make up any other deficiencies, than what we conceive are fit and just to be paid ; or continue what support or revenue we shall raise for any longer time than one year. Noi do we think it convenient to do even that, until such laws are passed, as we conceive necessary for the safet\ of the inhabitant'j of this colony, who have reposed a trust in us for that only purpose ; and which we art sure you will think it reasonable we should act agree- able to, and by the grace of God we will endeavour not to deceive them." The sentiments of this address still prevail among tk people, and therefore the success of the present solici- tations, for a pcnnanent, indefinite, support, will pro bably be in vain. ' The matter has l)een often litigated with great fer vency on both sides, and the example of the British par- liament urged as a precedent for our imitation. Te History of NerV'York. 371 this it is answered, that the particular state of this pro- vince differs so widely from that of their mother coun- try, that we ought not in this respect to follow the custom of the commons. Our constitution, as some ob- serve, is so imperfect, in numberless instances, that tlie rights of the people lie, even now, at the mere mercy of their governours ; and granting a perpetual support, it is thought, would be in reality little less than the loss of every thing dear to them. It must be confessed that many plausible arguments may be assigned, in support of the jealousy of the house. A governour has numberless opportunities, not proper to be mentioned, for invading the rights of the people, and insuperable difHculties would necessarily attend all the means of redress. .^ By gradual advances, at seasonable junctures, we might have introduced such amendments, as would, at this day, have established a sound and well fortitied po- litical frame ; but through our utter neglect of educa- tion, the ancient assemblies consisted of plain, illiterate husbandmen, whose views seldom extended farther than to the regulation of highways, the destruction of wolves, wild cats, and foxes, and the advancement of the other little interests of the particular counties which they were chosen to represent. \ -i CHAPTER VI. Of our Luws and Courts, The state of our laws opens a door to much contro- versy. The uncertainty, with respect to them, renders property precanou*^, an«l greatly cxj)oscs us to the ar- 372 History of Neiv-York, bitrary decisions of bad judges. Tiie common law of England is geneially received, together with such sta- tutes as were enacted before we had a legislature of our own. But our courts exercise a sovereign authority in determining what parts of the common and statute law ought to be extended ; for, it must be admitted, that the diflerence of circumstances necessarily requires us, in some cases, to reject the determinations of both. In many instances they have also extended, as I have elsewhere observed, even acts of parliament, passed since we have had a distinct legislation, which is adding greatly to pur confusion. The practice of our courts is not less uncertain than the law. Some of the English rules are adopted and others rejected. Two things, therefore, seem to be absolutely necessary for the pub- lick security ; First, The passing an act for settling the extent of English laws. And, Secondly, That the courts; ordain a general set of rules for the regulation of the practice. To give a particu^r account of our laws, civil and criminal, cannot be expected in this work. All lands ?ire held of the crown by soccage tenure, as those of East Greenwich, at home, in the county of Kent ; and the manner of obtaining a title to such as are vacant, or in possession of the Indians, is this : Formerly the custom was to apply to the governour in council, for a license to purchase lands of the natives in his majesty's name. A deed was then privately ob- tained from the Indian proprietor? to the king, and an- nexed to a second petition to the governour, for a war- rant to the surveyor general, to make a survey of the quantity purchased. Another warrant, upon the re- turn of the survey, was then issued to the attorney ge- » -^^ History of New- York, 373 neral, lo prepare a draught of the patent ; rhich being transmitted to tlie secretary's office, was then engrossed upon parchment, and the great seal affixed to it by the governour. In these surveys and deeds, more lands were often included than the Indians intended to sell ; and these frauds being frequently complained of, an order was made by the governour and council, in 1736, that thenceforth no Indian deed should be taken until the land proposed to be granted was actually surveyed by the surveyor general, or one of his deputies, in the pre- sence of the Indian proprietors ; that the boundi of the tract shouh^ '»e then entered in the deed, and a certifi- cate endoi. that they are agreeable to the survey, and that he saw the consideration money or goods, Ao- wa ^r/f, delivered to the vendors. The patenting of lands, has long been, and still con- tinues to be, very expensive. - - - Our law judicatories are numerous; I begin with ' the lowest. Of the Justices' Court. Justices of the peace are appointed by commission from the governours, who, to serve their purposes in elections, sometimes grant, as it is called, the administration to particular favourites in each county, which is the nomination of officers civil and military ; and, by these means, the justices have been astonishingly multiplied. There are instances of some who can neither write nor read.* These genii. « m if't * Lord Bacon's observation, that'lhere are many who count it a credit to be burdened with the oiTice of a justice of the peace, is very applicable to us. Bacon's works, fol. vol ii. p. 151. The statute ol ns Hen. VIII. limited the Lumber of justices to eight in a county. St r ■ ii . ■>!*^l MM .■■»:y IMAGE EVALUATION TEST TARGET (MT-3) 4 // /- A :/^ 1.0 I.I _|Z8 |Z5 in Uii 12.2 lit Ki u ■tfwt. 140 IL25 1 1.4 1^ 1.6 Hiotogr^hic Sciences Corporation <^ * as WIST MAIN STItIT WnSTM.N.Y. MSM (71*)l7a-4S03 6^ Ik ^ ■\ 374 History of New- York, besides their ordinary powers, are by acts of assembly enabled to hold courts for the determination of small causes of five pounds and under ; but the parties are privileged, if they choose it, with a jury of six men. The proceedings are in a summary way, and the conduct of the justices has given just cause to innumerable com- plaints. The justices have also a jurisdiction with re- spect to crimes under the degree of grand larceny. For any three of them (one being of the quorum) may try the criminal, without a jury, and inflict punishments not extending to life or limb. The Sessions and Court or Common Pleas. The court of common pleas takes cognizance of all caus- es where the matter in demand is in value above five pounds. It is established by an ordinance of the governour in council. The judges are ordinarily three, and hold their offices during pleasure. Through the infancy of the country, few, if any of them, are acquaint- ed with the law. The practice of these courts is simi- lar to that of the common bench at Westminster. They have each a clerk commissioned by the governour, who issues their writs, enters their minutes, and keeps the records of the county. They are held twice every year. These judges, together with some of the justices, hold, at the same time, a court of general sessions of the peace. The Supreme Court. The jurisdiction of this court extends through the whole province, and its powers arc very great. For it takes cognizance of all causes civil and criminal, as fully as the king's bench and common pleas at Westminster. In civil controversies, the value of the sum demanded must exceed twenty pounds. This court has four terms in a year, and always sits at New- History of Nerv-York, 375 York.*' The judges, for many years past, have been but three. The chief justice has ten shilling^^, as a per- quisite, upon the first motion in every cause, together with an annual allowance of 300/. The second and third justices have also yearly appointments, too in- considerable to be worth mentioning. They hold their offices by separate commissions under the great seal of the province, which were formerly during pleasure, but of late quam, diu se bene gesseriuLf The supreme court was, at first, established by seve- ral laws of the province ; but the terms were, afterwards, directed by an ordinance of the governour and council, which is alterable at pleasure. ' , Whether this court has a right to determine causes in a course of equity, was a question much litigated, during the troubles in the several administrations of Mr. Cosby and Mr. Clarke. Colonel Morris, afterwards governour of New-Jersey, sat then as chief justice upon the bench, and delivered a long, argumentative, opinion in the negative.f The people were, in general, on that .,>v*^ '^'* The terms commence on the third Tuesdays in January, April and October, and on the last in July. The first and last continue five days, and the two other terms ten. f Prosecutions, by information, are often commenced in the supreme court by order of the governour and council, and criminals sometimes committt il by their warrants ; fur which reason some are of opinion that the judges ought not to be members of that board, which is fre- quently the case. \ See the printed opinion, and the arguments of messieurs Alexan- der and Smith, for the defendant, Van Dam, adversus (he attorney general ; in support of a plea to the jurisdiction of the supreme court, on a bill filed there for governour Cosby in a course of equity. New- Tork printed by John P. Zeuger, 1733. M ■1. ;; M :r^!'si, V* 376 History of New- York. side, and the exchequer court bell scarce ever rung, but the city was all in confusion. Petitions against the court, from several parts of the province, came up to the assembly, who desired to hear counsel ; and ac- cordingly Mr. Smith and Mr. Murray, delivered their opinions at their request, both which were afterwards printed by their ordei-. The former, who spoke first, urged numerous authorities, to prove that no court of equity could be legally established except by prescrip- tion or an act of the legislature, and concluded with these words — " 'Tis with the greatest submission that I tender my opinion upon these points. — 1 have said no- thing with a design to offend any man, nor have I omit- ted saying any thing that I thought might lend to the publiok good. Liberavi animam meam. I have endeii- voured to discharge the trust, and support the character, with which this house has honoured me. You have my sincere and real sentiments. If I have erred in any thing, it has been unwillingly. I am heartily a friend to this colony, and earnestly wish its prosperity. I have no interest in the points in question, but what are com- mon to all the freemen of this province. I profess the greatest veneration for the laws of my country, and am glad of every opportunity to do them publick honour. They place our liberties upon the firmest basis, and put our properties under the surest protection. I rejoice in the security that we have of a long enjoyment of them by the settlement of the succession in the house of Hanover. — *Tis the excellency of our constitution, and the glory of our princes, that they are sovereign over freemen, and not slaves. 'Tis the misery of an arbitrary government that a nian can enjoy nothing under it, that he can call his own. Life, liberty, and >.<• an ind History of New-York, 377 property, are hot his, but all at the will and disposal of his tyrannical owner. I don't wonder that our ances- tors have been always so jealous of their liberties : how oft have they bravely fought, and nobly died, in the de^ fence of them ? we have received our liberties and our laws, as an inheritance transmitted to us in the blood of our fathers. How highly therefore should vve prize and value them ! and what care should we take, that we and our posterity may enjoy them in their full extent I If this be our happy case, we shall sit under our own vines and our own fig trees, and none will make us afraid. We shall see our country flourish, and our- selves a liappy people. But if an arbitrary power over our liberties and properties be let in upon us, but at a back door, it will certainly drive many of iis out of our habitations ; and 'tis to be feared, will once more re- duce our country to a wilderness, and a land without inhabitant : which we doubt not but this honourable house will take care to prevent.'* Mr. [Murray laboured to show that the chancery, king's bench, common pleas and exchequer, were of original jurisdiction by the constitution of England; and was fearful that our establishment of these courts here by an act of assembly, would draw into question our equal rights to all the liberties and privileges of Englishmen. He closed his opinion in this manner : " And now, Mr. Speaker, I have in the best manner that I was capable of, performed what this honourable house desired of me, in giving truly my sentiments up- on the subject matter of these petitions. " Mr. Smith, in delivering his sentiments last Friday, did, in so han-lsome and elegant a manner, fully prove that the people ol ibid colony are undoubtedly entitled 48 m i'\'-\i\ 1 : ^ m lii" UAI 378 History of New-York, i\ io ihe. cufeloms, laws, liberties, and privileges of Knof- lishmen, that it was needless for me to attempt tiie proof thereof, which otherwise I should have done. But I do entirely agree with him, in all that he said on thnt head ; and I hope I have proved that the fundaraent;d c«>urts, by the laws of England, are as much part of those liberties and privileges, and as much by the cus- toms and laws of England, as any other of their liber- ti< s and privileges are ; and of consequence, the people here as much entitled to those fundamental courts, as to their other privileges ; and have endeavoured to an- s\^er all the objections that I had heard were, or thought could be, made against our being entitled to the saine courts. And upon the whole thereof, as there has been much talked about the liberties and privileges of the people, I would beg leave only to propound this one question, who is he that argues most in favour of the liberties of the people ? he who affirms and proves that they are entitled to those libeities and privileges, laws and customs of England, and the good old original courts, that are by those laws, without an act? or, he who argues and says we are not entitled to them, until an act is passed to establish them ? I suppose the answer would be given, without iiesitation, in favour of the former. *^ But, Mr. speaker, if it yet should be said, that there is a necessity for making acts relating to those courts, I would beg leave to offer to this honourable house tlie itiiitation of such laws relating to those courts, as the i\ise legislature of England have thought fit to make. I presume it will not be said tl»ere can be a better pat- tern offered for the assembly to go by. And it is not to be supposed bul iiiat tiie paiiiamcnt at home ha« llktory oj NevhYork, 37§ made all the regulations therein that can be thouglit necessary ; whereas goi.ig into ne^** schemes and new inventions, may be attended with many inc(»nveniences, wliich, when tliey happen, may not be so easily reme- died. ' " And I beg leave to conclude, by praying that God Alrniglity may guide, direct, and influence this honour- able house in their debates and consuhations upon this momentous affair, and that the end thereof may be for the good of all the inhabitants of this colony." . The opposition to the exchequer became now strong- er than before tlie counsel were heard. And^ therefore, under these discouragements, the court has taken cog- nizance of no cause since Van Dam*^, nor lias tiiat in* deed ever been determined.* ?^ ^ , * Sir Ji)hn Randolph wrote liis 8entini(>nt3 concerning these clispuff'a to captain Prai'iie. And as he was an emi-nent lawyei*, ia Virginia, E doubt not his letter will be acceptable to the reader. "SIR, ^ ^- ^ *' By your request I have ()erjised and considered the arguments of Mr. Smith and Mr. Murray, before the {general assembly of New York, in relation to the court of equity established tliere in a new court of exchequer ; which, I perct ive, was done principally, for deterniinine; a dispute betw( en the sovernour and tlie president of the council, about their ria;ht to the salary annexed to the oifice of the commander ia chief, whether he be the governour or president ; and it seems strange to me, that upon such an occaoion, so extraordinary a step should be taken as the erecting of a new court, exempted from the rules of the proceeding at the common law, when the matter might hare been Mistort/ of New- York. The judges of this court, according to an act of as* sembly, are judges of Nisi Prius of course ; and, agree- I the governour of a new plantatioo, hath a power or not, to erect courts, in imitation of these high and ancient courts in England. And from their researches, tlicy seem to have made very different conclusions. Mr. Smith rightly concludes against the legality of this court ; but Mr. Murray is afraid all must be lost, if the four fundamental courts, as he calls them, cannot be obtained in New-York. I own I do not understand the force of this sort of reasoning ; nor can I conceive how any enquiry into the original of the high court of chancery, which must, after all, end in a mere conjecture, can afford the least assistance in forming a right judgment upon this question, which must depend upon the particular constitution of these foreign colonies. " The court of chancery, in England, has its being from custom and usage, to which it owes its legality. If it were to be erected now by the king^s power, it could not stand ; therefore it is undoubtedly a great absurdity to suppose, that upon the planting every new colony by the subjects of England, new courts must spring up, as it were, from the roots of the ancient courts, and be established without the consent of the legislature ; because we can imitate their methods of proceeding, though we are very imperfect in comparison to their reason and judg- ment. Then I think there is another impropriety in the debate of this question : they would argue from the power and prerogative of the king, to entitle a governour to act in the saipe manner. I think, be- fore they turn a governour uto a king, they should take care to pro- vide for him the same sufficiency of wisdom, and as able a coiucil : therefore I must suppose a mighty difTerruce between the power of a king and the goveruours abroad. — Their instructions, as to the erect- ing of courts, or the authorities granted in their patents for that purpose, are not now, as they were in the beginning when there were no courts : but proper judicatures being long since established, there is an end of their power in that respect ; and if any alteration is found necessary, it must certainly be done l^ the consent of the legislature. The kings of England have always, so far as I am acquainted with the histor}' of the plantations, used a particular tenderness in the business of erecting their courts of judicature, by directing their governours to take the advice of the general assemblies iu that matter, and I dare say, that if the patents. ■u History of New-York, 381 able to an ordinance of the governour and council, per- form a circuit through the counties once every year. and instructions of the governour of New-York were to be inspected, no sufficient warrant will be found in tliem to exercise thi» high power of setting up new courts. But be that as it will, this is most manifest, that setting up one or more men, with power to judge meo^s properties, by other rules than those of the common law, by which alone we of the plantations must be governed, must subject the estates of that people to an arbitrary rule, so far as they are restrained from appealing to an high- er jurisdiction, and may enslave them to the weak, if not corrupt, judg- ments of those men. It really seems to be a singular misfortune to the people of New- York, that a question of this nature should be so far countenanced as to become a subject of argument, when, I believe, in any other colony, it would not have been thought a matter of any doubt or the least difficulty. But above all, it is most extravagant, that a court of equity should be erected for the trial of a cause, of which, without doing violence to its nature, it cannot have any jurisdiction ; and I have wondered, in so warm a debate, that this point has been passed Qver. I think nothing could entitle the court of equity to proceed in the cause between the governour and Van Dam, unless there was a want of proof of Van Dam's receiving the money in dispute, which I suppose is impossible, since it must have issued out of the publick treasury of the province. If I had been to have argued tliis point, I should have takeo a very diflferent method from those gentlemen. Instead of taking so much pains, in running through so many book cases, to settle what tltn constitution of England is, I would have stated the constitution of this pa; ticular government, as it is grounded either upon treaties or grants from the crown of England ; for as New- York was a conquered country, it is very probable something may have been stipulated between the States General and the crowii^f Eugland, in behalf of the subjects of Holland, which were left there in possession of tlieir estates, and so became sub- jects to England. If there was any such treaty, that must be looked upon as the fundamental law of the province ; and next to that the king's charters must take place. I do not at all doubt, but seme way or other, the common law was established there, and if uot, as there is a legislature, I suppose it is adopted by the country ; for thnre is, un- ^oiibtedly, a great difference between the people of a conquered country 382 History of Nerv-YGrk, They carry with them, af the same time, a commis- sion (»f oyer and terminer and general jsjaol delivery, in which some of the county justices are joined. The judges and piactisers in the supreme, and all other courts, wear no peculiar habits, as they do at Westminster hall, and in some of the West India isl- an'ls ; nor is there, as yet, any distinction or degrees anionij the lawyers. The door of adniission into the practice is too open* The usual preparatories are a college or utiivcrsity education, and three years apprenticeship ; or, without the former, seven years service under an attorney. In either of these cases, the chief justice recommends the candidate to the governour, who thereupon grants a li- cense to practise under his hand and seal at arms. This being produced to the court, the usual state oaths and subscriptions are taken, together with an oath for his upright demeanour, and he is then qualified to practise and colonies eetablUheH by the kin»'«! consent by the subje'^ts of Eii»- kad. The com mod law follows them wherever they go ; but as to the other, it must arise either from treaties or grants; therefore it is a pi'y, every thing in relation to this m Hitter has been omitted, which would have been of great use to those who are unac<|uainted with the facts, in forn- ing a judgment in this case. I cannot forbear observing a mighty weak- ness in the law; ers of iVew-Y trk, in blindly following a common errour in relation to the statutes of England being in force there ; whereas there is no foundation in sense or reason for such an opinion, rhe commoa law must be the only rule ; and if we wade into the statutes, no man can tel what the law is. It is certain all of them cannot bimi, and to know which do, was always above my capacity. Those that are rieclaridive of I he common law, serve us rather as evidences, than by any binding quality, as statutes. ** I am, sir, your most obedient servant, &e. "JOHN RANDOLPHS' » • History of New-York, 383 in eTery court in the province. Into tlie county courts attornies are introduced with stH! less ceremony. For our governours have formerly licensed all persons, how indifferently soever recommended ; and the profession lias been shamefully disgraced, by the admission of men not only of the meanest abilities, but of the lowest em- ployments. The present judges of the supreme couit are the honourable (for that is their title) James De Lancey, esq. chief justice. John Chambers, esq. second justice. Daniel Horsmanden, esq. third justice. / They have but two clerks ; one attendant upon the supreme court at New-York, and the other (»n ttie cir- cuits. The former seals all tlieir process and is keeper of the records. The Court of Admiralty. The only officers of this couil are the judge, or commissary, the register and marshal. The present judge, Lewis Morris, esq. has, by his commission,* a jurisdiction in all mariti*()e affairs, not only here, but in the colonies of New-Jer- sey and Connecticut. The proceedings before hi»n are in English, and according to the course of the civ il law. The Prerogative Court. The business of this cou it relates to the probate of last wills and te-taments, and. the grants of letters of administiation on intestati s' es- tates. The powers, relative to these matters, are commit- ted to the governour, who acts ordinarily by a delegate. The Court of the Governour and Council. The authority of this court is best seen in the instruction on which it depends. ^ ^^ " Our will and pleasure is, that you, or the commande- er in chief of our said province, for tlie tiuie being, do * It is uuckr the aeal of the adnihalty, and dated January 16} 1738V 384 Hi$loi'if of JS'eiV'YorJc, in all civil causes, on application being made to you, or the coiTiniander in chief for the time being, for that puipose, permit and allow appeals, from any of tlie courts of common law in our said province, unto you or tl?^e commander in chief, and the council of our said province ; and you are, for that purpose, to issue a writ, in the manner which has been usually accustomed, re- turnable before yourself and the council of our said province, who are to proceed to hear and determine such appeal ; wherein such of our said council, as shall be at that time judges of the court from whence such appeal shall be so made, to you our captain general, or to the commander in chief for the time being, and to our said council, as aforesaid, shall not be admitted to Tote upon the said appeal ; but they may, neverthelessi be present at the hearing thereof, to give the reasons of the judgment given by them in the causes wherein such appeals shall be made. » --- " Provided nevertheless, that in all such appeals, the sum or value appealed for, do exceed the sum of * three hundred pounds sterling ; and that security be first du- ly given by the appellant, to answer such charges, as shall be awarded in case the first sentence be affirmed ; and if either party shall not rest satisfied with the judge- ment of you, or the commander in chief for the time be- * Before the arrivcl of sir Daovers Osborn, appeals were giveo to the governour and council, in all causes above lOOl. sterling, and to the king in council in all those above 3001. sterling. By this instruction the power of the supreme court and the governour and council is prodigiously augmented. In this infant country few contracts are equal to the sums mentioned in the instruction, and therefore an uncontrolable authority in our courts may be dangerous to the properly and liberties of the people. Proper checks upon judg- es preserve them both from indolence and corruption. *^' History of NefihYork, 385 judg iiigi and council as aforesaid, oUr will and pleasure is, that they may then appeal unto us in our privy council. Provided the sum or value so appealed for unto us, ex- ceed five hundred pounds sterlings and that such appeal be made within fourteen days after sentence, and good Security given by the appellant, ihat he will effectually prosecute the same and answer the condemnation, arid also pay such costs and damages, as shall be awarded by us, in case the sentence of you, or the Commander in chief for the time being, and council, be affirmed. Pro- vided nevertheless, where the matter in question relates to the taking or demanding any duty payable to us, or to any fee of officCj or annual rent, or other such like nlaiter or thing, where the rights in future may be bound, in all such cases, you are to admit an appeal to us in our privy council, though the immediate sura or value appealed for, be of a less value. And it is our further will and pleasure, that in all cases, where, by yoiir in- structions, you are to admit appeals to us in our privy council, execution be suspended, until the final deter- mination of such appeals, unless good and sufficient se- curity be given by the appellee, to make ample restitu- tion of all that the appellant shall have lost^ by meabs of such judgment or decree, in case upon the determi- nation of such appeal, such decree or judgment should be reversed, and restitution awarded to the appellant." The Court of Chancery. Of all;,our courts, none' has been more obnoxious to the people than this. There have been (as I have already shown) few admin^ istrations since its fH?st erection, in which our assemblies have not expressed their disapprobation of its constitu- i tion by ordinance, and the exercise of the chancellor's |)ower by the governour. During th^ adminiiBtratiw 49 M\ m n mM Mm #r ^-r . 386 History of NenhYotk, of gov^rnour Cosby, a bill was filed by sir Joseph E>leb and others, to vacate the oblong patent granted b^ his immediate predecessor to Hauley and company. The defendants excepted to the governour^s jurisdiction but being overruled, they resorted to the assembly with a complaint, and the house, on the 6th of Piovem- ber, 1735, resolved, ^- '?'' • " That a court of chancery, in this province, in the hands or under the exercise of a governour, without consent in general assembly, is contrary to law, unwar- rantable, and of dangerous consequence to the liberties and properties of the people.*' < The same sentiments obtained among the people in Mr. Clarke's time, as is very evident in the memorable address of the assembly, in 1737, a part of which, rela- tive to the court of chancery, is too suigular to be sup- pressed. " The settling and establishing of courts of general jurisdiction, for the due administration of justice, is ne- cessary in every country, and we conceive they ought to be settled and established, by the acts of the whole legislature, and their several jurisdictions and powers by that authority limited and appointed, especially courts that are to take cognizance of matters in a course • of equity. — This has been the constant practice in Eng^ land, when new courts were to be erected, or old ones to be abolished or altered ; and the several kings of England, in whose reigns those acts were made, never conceived, that the settling, erecting, or abolishing courts, by acts of the legislature, had any tendency to destroy or in tlie least to diminish their just and legal prerogatives. — It was the method in use here, both be- Cqie and since the revolution, and particulaily recom- ,,4.>.»««»auit«ii>v'i ¥' History of New^York4 3m mended to the assembly to be done in that manner^ by a message from governour Sloughter and council, on the 15th day of April, 1691. He was the first governour since the revolution ; and the governours that since that time assented to those acts, we suppose, never in the least imagined, they were giving up the pi'erogative of their masters when they gave that assent ; nor did we ever learn that they were censured lor doing so. — Jn the contrary, the constant instructions, that have from time to time been given to the governours of thi^ pro^ vince, seem clearly to point out the doing of it, by acts of the legislature, and not otherwise, as may be gather- ed from the instniction, for the erecting of a court for the determining of small causes, by which there are po- sitive directions given to the governours to recommend it to the assembly, that a law should be passed for that puipose ; but notwithstanding these directions, given in direct and express terms, the governours never would apply for such an act, but erected that court by an or- dinance of themselves and council, as they did tlie court of chancery, which had before that time been erected by acts of the legislature in another manner.—- They could not be ignorant, what dissatisfaction the erecting of a court of chancery, in that manner, gave the generality of the people. — This was very manifest by the resolves of the general assembly, at the time of its first being so erected, and often since, declaring the il- legality of such a proceeding. And though these re- solves have been, as often as made, treated by the go- vernours with an unreasonable disregard and contempt of them, yet to men of prudence, they might have been effectual, to have made them decline persisting in a procedure so illegal, apd so generally dissatisfactory ; '}■ ,t.U'ii' ■>,i t-i i' *., m WKstwy oj New-York, and which (as they managed it) proved of no use to the, publkk or benefit to themselves. For as few of them had talents equal to the task of a chancellor, which they had undertaken to perform, so it was executed accord<- ingly. Some of them being willing to hold such a court, others not, according as they happened to be in- fluenced by those about them. So that were it really established in the most legal manner (as it was not) yet being in the hands of a person not compellable to do his duty, it was so managed, that the extraordinary delays and fruitless expense attending it, rendered it not only useless, but a grievance to the inhabitants, especially those who were so unfortunate as to be concerned in it : which we hope you think with us, that it is high time should be redressed. " Your honouf well knows, that the establishing that court, in the manner it has been done, has been a sub- ject of contention, between the governours and the as- sembly : and since it is confessed by all, that the esta- blishing both of that, and other courts, by act of the legislature* is indisputably legal, and gives them the inostupcontrovertible authority ; and if unquestionably legal, what is so, cannot be destructive of his majesty*s prerogatiye. — We therefore hope, you will make no scruple of assenting to this bill, to put an end to a con- tention, that has not been, nor will be, while it contin- ues, beneficial to his majesty's service." From this time, the chancery has been unattacked by the assembly, but the business transacted in it is very inconsiderable. A court of equity is absolutely neces- sary, for the due administration of justice ; but whether private property ought to be in the hands of the gover- ^r -L^rnaii, History of NenyYork, 389 lUHirs, 'I leave others to determine.* As the publick business of the colony increases, few of them, I believe will be ambitious of the chancellor's office, as they have not the assistance of a master of the rolls. The pre- sent officers of this court (which is always held in the council chamber at the fort) are, bis excellency sir Charles Hardy, knt. chancellor, two masters, two clerks, one examiner, a register, and a Serjeant at arms, and not one of them has a salary. In our proceedings we copy after the chancery in England, and indeed in all our courts, the practice at home is more nearly imita- ted in this and New-.Tersey, than in any other province upon the continent. Few of oiir assemblies have been capable to concert any new regulations of this kind ; and hence the lawyers have had recourse to the English customs and forms, which they have generally adopted. While the New-England colonies, through the superior education of their representatives, have introduced num- berless innovations, peculiar to themselves ; the laws of our mother country have gradually obtained here, and, in this respect, the publick has perhaps received advantages, even from the ignorance of our ancestors. -.*f,l,-- :^*,;j = * Some are of opinion that the governour's jiirisdiciioa in this, and the spiritual, or prerogative court, are iDCompatible. ;!'• > i f *!?*.? 'i'^i *_* i * \ »^*:tv; ij«: /v I- 1 B-i ■, it' U!« , i|,:ui # 'A *• ■"* * #.%»-^ 4 '*3BW£''*1^^3b3B* ■T' % ;<. i^*' m .JtiiXm .. V'^* ^^n ■;¥ »#• m^ ^■. S9- 4, CONTINUATION OF THE HISTORY OF NEW- YOR|. •M •#■ ■^ ■#* «• ■■/: *3»' %:^' r f • >-.': ' ^'•J Vf t»s- *(f? *i.' J« ?^.'?*'' i*$ • 'J > iii?t '^.v^v .?,■ r *^*T^|iC'^* * -<.'*i:»i^-»?. »^^- ,<»» . •♦-< .J*^ ?si^;= ."t" >*>V jj. f<,. 4^fgi#^irtlrT^i^i ifi^v ^1^. ..<'^. ■i.#'i *1Kif-1^^>|l!l|' ^■ii V'H. ^^j^^^^t****'*^^^ ■^ •Hllllpt^Iiaii ti^.^iftl .!i^J. j)t >!..»/, ^» /ti :V*'»|f»« ^ » i4J&4y \«* i% #* '*< 'if i !.'*>| 4 ■> .4-.*s ■■tW * ;^|jj^^|^^jgCS|^ • J<»> ■m ,.r^y^ ■•'-r«i >-.^-^^ ••I *-*, Al|..»«f' ,.,^< .yV CONTINUATION OP THE HISTORY OF NEW-YOBR PART* vn. From the year 1732 to the year 1736, including the whole period of Govemour Cosby*s Administration, § I. Cosby*s popularity. § ll. Meeting cf the assembly. § III. Wig tax, and garrison at Osw^o. § IV. Other taxes voted, and pro* ceedibgs of the assembly. § V. Adjburnment, and second meeting. § Yi. Court of equity. § VII. Ctuakers. § VIII. Agent at the court of Great Britain* § IX. Zenger's papers censured. § X. . , Jealousy of Great Britain on account of the colonial trade. § XI. Further taxes voted. § XII. Assembly pray to be dissolved. § XIII. Measures of the govemour become odious. § XIV. Rip Van Dam suspended froni the r nfincil. § XV. Death tin to the attempts in favour of the sugar islands. This vote was in accordance with the measures which had been adopt- ed by th^ assembly at its session in the September pre- ceding. At that time the^ had unanimously declared their re»pugnance to this injurious project. They had pronounced the bill, then pending in parliament, '^ for the better securing and encouraging the trade of hi| majesty's sugar islands in America,'* tx) be highly de- IrimentaJ to all the British northern colonies in geaeral^ and in parti( ular to New- York : that it would deprive them of the means of vending tlie produce of the colo- ny, diminish its navigation, subject it to unreasonable hardships, and, in the end, disable it from consuming such large quantities of British manufactures as weit; annually imported into it The president, Van I)am» bad been earnestly requested to remonstrate to hi9 ma- jesty, his ministers of state, and the lord& for trade and ^.:«^ '^v. t 5. jyYantatlniiB^ agahisltlie proposed m0if^tii%J tfe failur^' therefore; wr ijxtfewiely agfeeaWe to the colony. Go* vernour Cosby was flattered with the vote of the as^ sembly, and in his an^er took no littler credit' upon biniself for having cohttlbiited tdKvards the defeat ot the bin befom parliament. He likewise plainly inti* mated to the house his confideilsepb Low, and Rodrigo Pacheco^ reputable merchants, in London, were authorized by the house, to appoint an agent for the colony at the court of Great Britain, with a salary of 200/; and hav- ji^ directed lOOp/. to jbe paid to the governour in grateful acknowledgment of the vigilant and generous lissistance which be and his relations and friends had afforded in resLii^ting t^e bill in parliament relative to the sugar colonies>>it expressed a wish to the governour to be dissolved* The governour, after giving his as-' sent to twenty-two billp, recommended an adj&unimenL J* y. Tphe aEwembly accordin^y adjourned itself to the second Tuesday of April,' 1733 ; and the governour, by several proclamations, adjourned it farther to the 151h October, in the same year. On that day the house ai^^ain met, and the governour,. in a short address, told^ it that the barracks at New- York were in want of repair, and recommended the house it»provi(Je for the expense. The assembly, however, was^^ not disposed* to subject the colony ijo any additional burthens ; and it resolved that the eon^dieration of repairing the bar.- r-acks in fort George, at New- York* be postponed to* the^.^ex^ setisk>u. During thlt^ part of the session biit^ M History ^ NenV'Tork. 399 tew matters were laid before, or acted upon, by iht house. Only eight bills were passed into laws. Tb« most important subject which claimed the attention of the house, was a petition of forty-eight Indian traders, complaining of some irregularities at Oswego, and pray- ing legislative interference. The house, upon investi- gation, found the complaints to be true, and requested the governour to appoint David A. Schuyler, or in case of bis death, or refusal to act, such other person as should understand the Indian trade and language, to be commissary at Oswego^ The assembly now adjourn- ed, and did not again meet till April 25, 1734. Tiie governour then opened the session by a formal speech. He complained in it, of the decay of trade, ascribing it principally to the inhabitants of the island of Bermuda^ who bad become the common carriers of the colony, and thereby discouraged ship building. Hq stated that flour, our staple commodity, bad lost its reputation for the want of proper and sitvA inspect tion laws. He recommended the laying a duty of ton* nage on foreign bottoms, and the passage of inspection laws. He urged the house to provide for the furtWer de- fence of the cities of New- York and Albany,aind of the town of Schenectady. He suggested the expediency of imposing a duty on legal proceedings and papers, and of discouraging the importation of negroes. He re* commended the senditig of smiths and artificers among the Indians to mend their aims. He stated the insi* diQUs efforts which had been making by the French to alienate the affections of the Indians from the British, and the importance of preserving the friendship of the Six Nations. The bouse returned a very civil answer to the governour, filled witli assurances of loyalty and. •I I .11 mm' il \' ' , .'1' m m I h i moo ^lEstmyf vf NtnihUjovk. '^tant fees received by the lawyers and officers of go- vernment. The bakers in New- York, likewise, com- plained of the quantities of bread imported into th6 province from the neighbouring colonies, and prayed that a duty be laid on such imported bread. $ VI. But the most important question which wa^ agitated, and which, for many years before, had excit- «ied great sensation throughout the colony, was the esta- ^blishment of a court of equity. The court party had ^sisted that tlie governour was, ex officio, chancellor of the colony ; while the popular party had warmly op- IKised this position, and denied that such a court cotiM History of Netv-York, m ly op- exist, unless by prescription or by act of parliaments The house directed counsel to be heard on this inter*^ esting subject. Mr. Smith, a lawyer of great reputa- tion, spoke three hours before the house, against thd claims of the court party. He denied that the cfown could by any grant, commission or letters patent, erect a court of chancery : that he had examined the subject with attention, and that the conclusion he had drawn was founded upon precedent and principle. Mr. Mur- ray, a lawyer of undoubted talents, debated the ques- tion on the other side. He maintained, with great abil* ity and ingenuity, that the courts of chancery, the king's bench, common pleas, and exchequer, were, by the laws of England, of original jurisdiction, and as an- cient as the kingdom itself. He insisted that this co]o<* ny was entitled to the same privileges and rights, and consequently, to the same courts. The discussion was so ably supported on each side, tliat the house did not come to any resolution on the question. The governour him- self had no doubt of his right to act as chancellor^ for he had two years before (March, 1732) taken the oaths, as such, before the council. At the same time, James De Lancey was sworn in as chief justice, in place of Lewis Morris, and Frederick Philipse was sworn in as second justice. The arguments of Messrs. Smith and Murray were afterwards published at the expense of the colony. $ VII. At this session the quakcrs received an in- dulgence, for which they had been struggling for some years. Some of them had been refused their votes by the sheriff' of Westchester, at an election for represen- tatives, because they would not take tiie oaths required 51 . (.„• «, mm a *>•»*► 402 History of New-York, by law. They complained to the governour and coun- cil, who referred the question to the attorney general. The house took up the subject, and passed an act, granting to the people called quakers, residing in the colony, the same rights and privilej^es as were enjoyed in England by people of that denomination. , t,^ rwr^f. The accounts from Europe having favoured the opinion of an approaching rupture between France and England, the assembly, with a zeal which was highly agreeable to the governour, determim d to place the colony in a better posture of defence. 6000/. were ¥(»ted towards fortifying New- York ; 4000/. for build- ing a stone fort, &c. in Albany ; 800/. for erecting a fort of beams, on a stone foundation, &c. in Schenecta- dy ; 300/. for messf^ngers and presents &c. to tlie Sene- ca Indians ; and 200/. for the security of Suffolk coun- ty. Mr. De Lancey, a member from New-York, whose wealth and influence were extensive, brought in a bill for the frequent meeting and calling of the general assembly. The bill, which was very popular, was pass- ed, and sent to the governour and council for concur- rence ; but it there received amendments, wliich were calculated to defeat the oFyects of the bill, and was not returned to the assembly till some time after. The governour saw in it the same spirit which prevailed in the time of the unfortunate Charles I. and that it was an encroachment upon that prerogative, with which kings and governours never parted, but with reluc- tance. The assembly, however, took no notice of X\\h treatment of one of their favourite lueasures, and, the harvest approaching, resolved upon an adj<'Urnment. During the two preceding years of governour Cosby's I^HI tfisioty of New-York. 403 administration, several measures were adopted in coun- cil, which marked the character of the times. Reports having been circulated that the governour intended to talce the Dutch church, in New- York, for the use of the government, induced the council to offer a reward of 100/. for the discovery of the slanderer. A singular complaint was also made against the corporation of Al* bany, for having attempted a fraud upon the Inlians.* An anonymous letter having been sent to James Alex- ander, esq. one of the governour's council, threatening him and his family with destruction, produced a proclamation, otiering a reward of 50/. for the ap- prehension of the offender. In November, 1732, the council had directed Rip Van Dam, esq. the former president of the colony, to be prosecuted for certain monies he had received while president. /^^ '^ " ^ VI [1. 1 he appointment of an agent at the court of Great Britain, had always been a subject deeply inter- esting to tlie asseml>ly, but the governour and council, as the executive branch, conceiving themselves entitled io instruct such agent, from time to time, as to his pro- ceedings in England, created a jealousy on the part of the assembly, that ils conduct and views were not fairly represented to his majesty, Mr. Morris moved for leave to bring in a bill for appointing an agent at the court of Great Britain, independent of the governour. He urged the necessity of the measure to the colony, as tending to maintain a good correspondence between it and the mother country : that frequently bills of the last importance had received the royal veto, without be- ing correctly understood, or duly appreciated: that ^ Sec note A. .. . <'' ' :^, !i '• ■;t! A (104 History of New- York, the commercial and aajricultural concerns of the colony vere not properly or sufficiently represented to his inajesty or his ministers : that insinuations had gone abroad unfavourable to the loyalty of the assembly, and it was the duty of the house to remove the impres- sion. The bill, however, was not brought in by Mr. Morris till the October session following. *; $ IX. During the recess of the legislature, certain publications had appeared in a paper, called Zenger^s fJew-York Weekly Journal, which contained severe animadversions on the government. This paper was supposed to be published under the patronage of Mr. Van Dam, and was, of course, decidedly hostile to the court. The New- York Gazette, printed by William Bradford, was in the interest of the court ; and these two were the only papers printed in the colony at this time. Several printed ballads had likewise appeared, ivhich placed some of the members of the legislature, and others, in a ludicrous point of view, insomuch that the governour and council considered the sub- ject worthy of notice. They voted, that Zenger's papers Nos. 7, 47, 48, 49, and two printed bal- lads, were derogatory to the dignity of his majes- ty's government ; that they contained reflections up- on the I'gislature, and the most distinguished persons in the colony, and tended to raise sedition and tumult. They likewise voted that the said papers and ballads should be burnt by the coirimon hangman ; and at the opening of the next meeting of the assembly, in Octo- ber, 1734, requested the house to join in addressing the governour to otfer a reward for the discovery of the authors or writers of these seditious libels. The as- Ik. History oj New-York, 405 ajes- up- ns in mult. Uads t the 3cto- g the f the le as- sembly passed over the application in silence. Some of its most active members were supposed to have fa- voured these attacks, if not to have written the papers in question. The governour and council took um-r brage at this unwillingness of the house ; and shortly- after requested it to return to the council the papery containing the offensive publications. The house, with much sangfroid, ordered the clerk to produce the pa- pers, and the speaker returned them to the council. The attorney general afterwards filed an information against Zenger for these libels, upon which he was ac- quitted, after having laid in prison eight months. His acquittal was generally satisfactory. The common council of New-York, for " his learned and generous defence of the rights of mankind and the libeity of the press," presented Mr. Andrew Hamilton, one of Zenger's counsel, with the freedom of the city, and their thanks for his distinguished services on this occasion. The freedom of the city was presented in a gold box weighing five and an half ounces. On the lid of the box was engraved the arms of the city, with this motto, " Detncrsa leges'timefacta libtrlas-hac tandem emerguntJ* On the lid within, " Nan nummis-^ virtute paratur.'* Round the box, a part of Tully's wish, " Ila cuique eveniat, ut de respublica mcruit,*^*^ ^ X. The British ministry had long foreseen the im- portance of the colonies to the empire, in furnishing stores for the support of its navy. Nevertheless they did not wish to encourage a colonial trade, which might prejudice the extensive commei-ce of the English mer- chants. The lords commissioners for trade and planta- "' For some intereBting matter io relation to Zea|er, see note B. mm ^v^:' . ,t i06 History of New-York, tions, not sufficiently acquainted with the nature of the colonial trade, requested the governour, by letter, dat- ed May 30, 1 731, to transtnit his opinion what further encouragetnent might be given to induce the colonists to appJy their attention to tlie cultivation of navul stores of all kinds; but cautiously added, so as not ** to interfere with the trade or product of Great Bri- tain." The jealousy of the British government, even at this early day, was apparent. They could not brook a rivalship in commerce, and however important the trade of the colonies was to the mother country, it was to be merely tributary to her prosperity and splen- dour. The governour laid the letter before the house at its October session, which, after gravely resolving to take the subject into consideration, returned the origin- al letter to the governour, and took no further order upon it. ■' v:- >.tr» $ XI. The assembly now resolved itself into a com- mittee of wat/s and mentis, towards fortifying the colo- ny. A duty of a shilling on every pound of tea, and every barrel of cider; three shillings on every barrel of pork ; two shillings on every barrel of beef, import- ed into the colony, was voted by the house. An annual tax of one shilling was also imposed on every slave throughout the colony. Twelve thousand pounds, in bills of credit, were ordered to be issued, redeemable out of the bef(>re mentioned duties, when collected, and which fund was made chargeable therewith. A bill, for further regulating the militia, was brought in and pass> ed. A bill for the frequent electing and calling tlie general assembly, was passed by the house, but the governour and council having clogged it with amend- ments unfriendly to the principle of the bill, andrefus- History of Nen-York, 407 kig to recede, the bill was lost. The bill, brought in by Mr. Morris, to appoint an agent at the court of Great Britain, independent of the governour, shared the same fate. Notwithstanding the hostility of the court party to any measure which appeared to be cal- culated for the public good, yet the house, with a zeal and patriotism highly honourable to it, adopted every measure suggested for the defence of the colony, and willingly imposed heavy burthens on its constituents to promote this object. ^ $ XII. Nor C(iuld it be justly chargeable with a de- sire to continue its authority. It earnestly prayed the governour to be dissolved so as to enable its constitu-. ents to signify, by the elective franchise, their opinion of the measures it had pursued. But the governour too well knew the value of the present assembly. He had seen that that body had not refused, under any cir- cumstances, however mortifying, to give its aid to the desires of the British ministry, in providing for the de- fence of the colony. He feared, likewise, that the peo- ple were not disposed to increase their burthens to grat- ify the ambition of kings and ministers, nor were even willing to submit) with patience, to the present system of taxation, which they apprehended was becoming daily more gigantic and oppressive. He told the house, that it was the undoubted prerogative of the crown to adjourn, prorogue, or dissolve the assembly. That he, being entrusted by his majesty with that power, would exercise it only as he should (ind it conducive to his majesty's service, and the benefit of the colony, and added, " which I cannot apprehend it to be at this time." The assembly, therefore, by tlie con^nt of the governour, o ed. The printed arguments of Messrs. Smith and Murray, on the same subject, were resorted to ; but the house at length concurred with the committee in their repoi-t, Mr. Van Home, a member from Neiv-York, presented a petition from a great number of the inhabitants of the city of New-Y rk, pi-aying that the house might re-^ quest the goTC) jour to cause it to be dissolved. The peti* tioners remonstrated against the long continuance of the same members in power. That this was a serious grie-* Tance to the colony : That frequent elections were valuable to a free people, and that this privilege ought not to be yieldedw The house unanimously voted that it was their desire to be dissolved, and sent a copy o§ the vote and of the petition to the governour. A simi* lar petition from some of the inhabitants of Queen's county, ascribing the decay of trade, and the lessening of the value of lands, to the long continuance of the assembly, was voted to be an Unjust and audacious charge, highly reflecting on the house. The governour refused to dissolve the assembly, and told the house that it ought to make provision for the deficiency which appeared in the treasurer's report, and that this was due to the honour of the house. The assembly, notwithstand" ing this demand of the governour, deemed the present 52 J0 m mM. m 1 1 ■;i!k !i;«i "M>'' y^' tfistory oj Netv-YorL % time unfit to make the necessary provision, and, by the gdvernour'. ^ent, adjourned to the last Tuesday of March, 1736. ^ XIV. Among the last acts of governour Cosby, vi^as his declaring Rip Van Dam, esq. suspended from his seat as counsellor of the province. Van Dam was senior counsellor, and as such, upon the governour's demise, woiild again have succeeded to the government as president of the colony. To prevent this, Cosby convened the council in his bed chamber, and declared Van Dam to be suspended. No reason was given for this act at the time. It is probable that Cosby 's partial- it> to George Clarke, the counsellor next in seniority to V'du Dam, and the controversy between the council and Van Dam, in respect to certain monies he had be- f<»re received, while president, produced this violent and extraordinary measure, the effects of whicli were expe- rienced even in the succeeding administration. $ XV. Governour Cosby died on the 7th March, 173.5-6. Thus ended an administration in which there was something to admire and much to condemn. In re- viewing the character of Cosby, we cannot but perceive bis decided hostility to the elective franchise, and his utter contempt for the opinitms of the people. iNo governour commenced an administration with better prospects, and greater popularity. Yet none endea- voured less to retain tlie confidence and respect of tlie people than himself. He continued an assembly for six yeai*s; resisting every effort which was made for anotlier election, and refusing to assent to a bill for the frequent electing and calling of the legislature, without such amendments as would defeat the object hitended. With History of New-York* #♦» I. '\\. lijgli opinions of prerogative and decided hostility to fic and equal legislation, he became at length odious to the colony, and even many of his best friends had deserted him. Yet at the same time, it must be acknowledged, he possessed many good and amiable qualities. He was affable and courteous in his deportment; honest and sincere in all his private tran^^actions. Though not po% sessed of talents, either splendid or great, yet he was attentive to the c(»ncerns of the colony, and to the fair and impartial administration of Justice within it. .r h-' ■ ..:V' ^J^:''.^-: .. ' '-tn^y '-^n M /K . ■ y > '„t,'x:Xy:'^i -'#y.f ■»- , -■ .■'m^ i^jrW- , . . .*,.,., . , . , ""'/•''' -1,: ■V' ■ » • '"''• ' if< , W '^f^i^ i-H ■ -.^f^-'^^. y,>■'v.• -S(<^;:J■^ ,/.i?a' i" H* >- '•)- •»^**^s4^- From i ing pi '^*" . '-■'^^ f ■ % m ■^^% h.i ■■»'• • f-f ■if I' C ^f '■/*" <*->• .»'<■'' , )i*^' t^ h< § I GeorjE Clarke sssemb § V. £ vernou tions ; journnn the le{ . house. :?♦ . t* '"^ s f Upor were ir py divisions bad arisen in the colony, and stroni^ly recommended the legislature to provide for tlie defence, the safety and prosperity of the colony. He directed its attention to the deficiencies in the revenue, and to the importance of promoting ship building. He wished tlie house to |>rovide for the finishing of the fortifications already set on foot, and parlicuhirly Fort Hunter, which he repre- sented to be in a ruinous condition, and the house at Oswego, which was in want of repairs. He stated that persons ought to be sent to the Seneca Indians, to se- cure their fidelity, and to make them suitaf)le presetits. He entreated the house to be moderate in its debates, and to make things of a private or inferiour nature to yield to those of a publick and importnnt description. The house, without any difficulty, ncogni/ed Mr. Clarke as president of the colony. It is probable that this acquiescence was produced by accounts fnun Eng- land, stating that Mr. Clarke would be appointed lieutenant governour; for, on th^ 30th of tlie .«ame ill % J '■ itl :'i: * See note B. .416 .History of New-York, #t< month of Oc tober, his commission, dated on the 30th of July precedina;, was received and published with the solemnities common to the occasion. This event put an end to the claims of Mr. Van Dam to tiie adminis- -tration of the government. $ III. Few matters of moment were acted upon by the house at this session. A complimentary address was voted to the king, on the marriage of the prince of . Wales, with the princess of Saxe-Gotha. Col.. Morris again introduced a bill for the better regulating the elec* tions of members to serve in the general assembly, with the additional clause of preventing any member from accepting any office of profit after his election. This , bill met with violent opposition. The disabling clause was particularly obnoxious to some of the members who . h' Id offices under the crown, and to others who were expectants of office. Upon a motion made to commit the bill, a majority voted in the negative, and the bill was rejected. Colonel Morris, with a perseverance „ highly honourable to his character and views, immedi- . ately moved for leave to bring in another bill for regu- lating the election of members to serve in the general assembly. The house then proceeded to examine the .state of the treasmy. By the treasurer's accounts it appeared that warrants op the treasury for the sum of ^697/. 135. 8(/. remained unpaid. The house voted that it would raise ways and means for supplying 6022/. 12*. l\d, only, but expressly limited the revenue so to be raised to the spccifick deliciencies reported to the house, so as to prevent any misapplication of it by the lieute* nant governour and (:ouncil. This vote was so offensive to the lieutennnt governour, that he immediately dis- solved the houoc. lie told the assembly that it had Uii^MfiiiiiiiJb History of New-York, 417 violated its solemn promises to make good the deficien- cy in the revenue : That it had passed resolves highly derogatory to his majesty's hon jur and prerogative, and tliat he would suffer the people to make another elec- tion. Thus an assembly, which had continued its ses- sions for nearly nine years, without any intermediate election, became dissolved. Its continuance so lon:^ is a strong evidence that a majority of that body had been devoted to the views and interests of the court. Taxa- tion had been lavishly imposed, laws for supporting the revenue, for building fortifications, and for making treaties with the Indians, had been almost constantly the subjects of their deliberation. Yet, during this peri<»d, many laws, for encouraging trade, promoting literature, establlsliing courts of justice, &c. were likewise passed. ^ IV. The dissolution of this asseml)ly was generally satisfactory to the colony. Few of its members were re- elected, and of those few, the greater number belonged to the popular party. The new elections for repn sen- tatives now commenced. Great exertions wrre made, by the contending parties, for success. In the city of New- York, and which, indeed, gave a tone to all the olh* er elections in the colony, the popular party was tri- umphant. .Tames Alexander, esq. who had so firmly adhered to Rip Van Dam, in his struggle for the presi- dency after the death of governour Cosby, was elected a member for that city. Colonel Lewis INIorris, junior, so well known for his decided opposition to the court, was again sent a member from Westchester. J V. The lieutenant governour determined to con- ceal his cliagrin and regret at the result of this elec- ticm, and to endeavour to gain of the assembly by com- plaisance and perf^uaijion, what he knew could not be -"fe 41B History (f KetihYorlc. arcomplished by menaces or coercion. He openefl the new session, on the 15th June, 1737, by coinpliinenlin^ the choice of members which the people liad made, and telling the house that he was persuaded it came " with resolutions to answer the great ends of their election." He stated that the approaching harvest forbade him from expecting much business now to be done, and that he would avail himself of that opportunity to meet ti.e Six Nations of Indians at Albany, to renew the cove- nant chain, and to endeavour to prevail with the Seneca tribe to revoke the consent they had unadvisedly given to one John Coeur, a Frenchman, from Canada, to build a hotise in their territory, at Tierandequal.^ He represented that place to be very important, as it re- garded the fur trade, and that, if it were possessed by the French, it would enable them to intercept all the western fur in its way to Oswego. The house, in its answer, assured the governour that in its opii.ion the dissolution of the late assembly was necf^ssary to his majesty's honour, and to the interest and prosperity of the colony ; and that the |tresent assembly would sd^ conduct itself as to give the people " no reason to re- pent of their choice." Colonel Morris immediately af- ter irioved for, and obtained, leave to bring in bills to regulate the elections of the assembly, and providing likewise for fretjuent elections ; for settling and estai)- lifehing courts of justice ; for appointing an agent at the court of Great Britain, independent of tlie governour; for lowering the interest of money, and for regulating and establibhing fees. Mr. Alexander obtained like * Now in the county of Ontario, siluated od the lake of (hat usnif, ind abuut sixty QiiieH iroiu Oswego. ' Si' :• IKst&ry of New-York* m leave to brinja; in bills to encourage the importation of white people and servants into the colony ; for encour- aging the making of iron, and raising of hemp ; and for guarding against abuses in the making and exportatiori: of fl )ur. The assembly then adjourned, in order to enable the lieutenant governour to go Ut Albany fi)r the purposes he had mentioned. On the 2d Septeinber ensuing, the house again met. The lieutenant gover- nour, in his speech, informed the assembly that he hadl been at Albany, and had sent an interpreter, a smith> and three other persons, to reside among the Senecas tiie ensuing year, to keep the Indians steady to tlieir promise, not to sutTer any Frenchman to build on tlieir territory. He recommended the assembly to place the h 'Use at Oswego, the barracks at Fort George and Fori H miter, in a better state of repair; and concluded by assuring the house that he would concur in any mea- sures necessary for the safety and prosperity of the colo- ny. . .: ■ - ' ■\)t^^* m .^ VI, The house, departing from its accustomed mode of proceeding, instead of voting to take the lieu- tenant governour's speech into consideration, voted ** that his honour the lieutenant governour be address- ed." The members from New- York, Westchester, and Queens, were directed to prepai-e such address. Mr. Alexander then moved to bring in a bill vacating the seats of surli members of the assembly as should accept of any office,, gift, or grant from the governour or com- mander in chief. Five days affer the commencement of the session, the address to the lieutenant governour was reported, and adopted without amendment. Tliis address is worthy of particular notice. It forms an era in the history of our legislation, whidi is lu^ily iaipov* ;;|i 'r"\>^ n ,% M § " I' 'iti 420 History of NeTV-York. tant. Hitherto the crown and its ministers had been ignorant of the true sentiments of the people, and tlie firm and independent conduct of their representatives. The governours of the colony had not imfrequently led the ministry to believe that the assembly was a body of men ignorant of legislation, boisterous on some occa- sions, but easily sootlied or fatigued into compliance. The government had yet to learn that there were men in this colony, whose firmness and patrioasm would have done honour to the best days of Greece and Rome. • ■!;'-«&■/ •w^ -i. • $ VII, The address is as remarkable for its style as for its matter. It commences with recognizing some of the vital principles of a good government. It affirms that none ought to represent the people but those who are freely and fairly chosen by them. That elections ought to be frequent, that experience had shewn the danger of trusting the same men too long with power : Tl)at the history of England proved that intrigues and corruption would inevitably destroy any government ; and in fine, that proper checks and balances were neces- sary for the preservation of the liberty and happiness of any country. One sentence in the address de- serves to be quoted. In speaking on the subject of tiie revenue, the house adopt tliis bold and energetic language.* i4 " The true causes of the deficiency in the revenue, we believe, are too well known to your honour, to niake it necessary for us to say much on that head ; liad the cpnspicuous loyalty of the inhabitants of this t»V ♦ Smith, w»»» pngft 360, gives the «ame exfmct. It could not, how- ever, in the order of time, be properly omitted here. > -^ - ,.~,^.,, History of New-York, 421. province, met with a suitable treatment in return, it is not unlikely, that we should now be weak enough to act like others before us, in being lavish beyond our abili- ties, and raising sums imnecessary to be given, and con- tinued the donation, like them, for a longer time, than " what was convenient for the safety of the inhabitants ; but experience has shewn the imprudence of such a conduct, and the miserable condition to which tlie pro- * vince is reduced, renders the raising of large sums very difficult, if not impracticable ; me therefore beg leave to be plain nith your honour, and hope you nill not take it amiss, n hen we tell you, that you are vwt to expect, that we either will raise sums unfit to be raised, or put what we '■ shall raise, into the power of a governmir to misapply, if we can prevent it j nor shall we make up any other deji- ■ dencies, than what we conceive are Jit and just to be paid, or continue what support or revenue we shall raise for any longer time than one year, nor do we think it convenient to • do even that, until such laws are passed, as we conceive ne- cessary for the safety of the inhabitants of this colony, ' TiJw have reposed a trust in us, for that only purpose, and ' which we are sure you will think it reasonable, we should - act agreeable to, and. by the grace of God, we shall en- •; dcavour not to deceive them. j> >j. .*;>■««: ^Jv'> '*''^.'^*,*5J^U^-^ The assembly, in the address, took a general view of the colonial affairs. It adverted to the importance of having an agent at the court of Great Britain, to be ap- pointed and paid by the house. It complained of the court of chancery not being regulated by law ; that under governour Sloughter, in 1691, that court was es- tablished by an act of the general assembly, yei that since that time governours had " erected that court by an ordinance of themselves and council." " That tliey ■i I B]fi>: i .'I; 422 History of New- York. could nat be ignorant what dissatisfaction the erection of a court of chancery, in that manner, gave to the generality of the people." That tlie governours had treated the assembly with " unreasonable disregard and contempt." That some of the goTernours were wholly unfit for the duties of chancellor, or any other station, fiiough " buoyed up and bloated with the fulsome ad^ dresses and servile flatteries of the instruments of their misrule and oppression." In fine, the whole address is a production honourable to the times in which it vvas formed, and evinces the pr )U(J, unbroken spirit of tlie colonists, incapable of being soothed or awed into sul>- nussion, by the arts or p<}wer of their rulers. The lieutenant governour was not disposed to resist such a formidable combination. He thanked the house for ila address, and assured it of his cordial coroperation in whatever was necessary for the good of the colony. * . ^ VIII. The assembly were now engaged in the dig* cussion of contested elections, and undue returns made by the sheriffs. Mr. Cornelius Van Home prayed to be heard before the house as to his claim to a seat tliere- in, against Adolph Philipse, the member returned a& elected. The house voted that neither Mr. Philipse nor M r. Van Home should be entitled to a seat, until their respective claims were investigated. A scrutiny was demanded and obtained, and upon this question a division was called and the house stood sixteer. to eight. Li^t it be here remarked that this is the,^r^/ division, in which tl»e names of the members voting on each side, were entered on the journals of the house. After this period the practice became more common. It was like- wise resolved, in the case of Mr. Alexander, that if he should act as a s^unselior, during the coutiuuauce oi ^ rihii History tj A^fW'-Yd^^. 42a \ I the assembly, that it would bfe a sufficient reason for expelling him from the house. The elections of colo^- nel Frederick Philipse, a membef from AVestchester, and colonel Gaasbeeck Chambers, a member from Ul- ster, were also contested, but. without success. The h(.use came to a remarkable decision relative to tlie Jews. It resolved that none of the Jewish profession could either vote for representatives, nor could be ad- mitted as witnesses toucliing any contested elections* Tiie Catholicks and the Jews, had long been pticuliarly obnoxious to the colonists. The first settlers being Dutch, and mostly of the Reformed Protestant R* li- gion, and the migrations from England, since the cokmy had belonged to the crown, being princij)ally Episcopal^ botli united in their aversion to tlie Catljolicks and Jews* Mr. Adolph Philipse at length succeeded^ and retain- ed his seat in the house. A bill to appoint an agent at the court of Great Britain, and to be paid by the as* sembly, was brought in and speedily passed through the house. This bill, as usual, was resisted by the coun* cil, and the amendments proposed by that body, not being agreeable to the assembly, it was lost* The assembly, in consequence of what it deemed the unpar- liamentary conduct of the council, refused to receive any messages by the cUrk of that body, insisting that they ought to be delivered by the hands of one of the council. The house ordered colonel Philipse, Mr. Ver* plank, and Mr. Johnson, to " deliver a ujessage to the council signifying that the bouse desires satisfaction from the council, concerning the said innovation, which the house conceives is to the prejudice and derogation of the liberty of the general assembly of this colony .'* liiis vote iutlitates ihe bold and det^ruiiiied attitude #>f '&:m mm 111 j!ll M'lj 424 History of' New-York. > » ■»»' the assembly ; its consciousness of the power with wlrich it was vested, and its resolution to resist the least in- fringement of its rights. The governour and council i/^ere not disposed to provoke this spiiit of the h« use, and prudently forebore from a repetition of the irregu- larity complained of, and so the affair dropped. ^ FX. The house, in committee of ways and means, voted a tax on the following articles imported into the colony during the preceding year : Forty shillings on eacli slave imported direct from Africa, and four pounds if imported from any other place ; tliirty shillings on every pipe of wine ; two pence on every gallon of spirits, rum or other distilled liquors; five pounds on every hundred pounds prime cost on British West In- dia j£!joods ; four shillings on every hundred weight of cocoa, and three per cent on all sales at auction. The house resolved that if any part of the said money should be paid by the treasurer before the passage of propi r laws for the purpose, it should be deemed a misapplica- tion, and the treasurer should be hell accountable. So jealous was the assembly of the power of the gover- nour and cou!icil, that not content with limit'ng all taxes to the term of one year^ it would not even permit the monies so raised to be paid out or applie 1 without its express authority. The interest of money was now re- duced to seven per cent, llie bill for the frequent elec- tion of representatives at length obtained the assent of the governour and council. This assent was not, how- ever, cordially given. The lieutenant governour knew that the bill would not obtain the royal assent, as its character and views were too democratick, and as it gave the people too great a share in the government .»f the colony. In 1739, tlie crown repealed this law, and ani that 1714 excii 173SI and mun Sch ed o our iJidSm History of NenhYork, 4^ it was surmised, at the time, that the lieutenant g^ver* nour had been insttumental in procuring this repeal. $ X. The lieutenant governour, after giving his as» sent to twenty-nine bills, adjourned the house to the April following. Before it reassembled, the lieute- nant governour thought proper furtheY to prorogue it to the 29th of August, 1738. When it met on that dayi the interesting question, how far a prorogation operated as a dissolution, was discussed. This discussion con- tinued during three days. Precedents were searched into, authorities were quoted, and parliamentary cus- toms were fully examined* The hotise decided, unani- mousii/i that it was not dissolved, and that it did then lawfully and rightfully exist. This discussion being re- ported to the lieutenant governour, he addressed the house. He informed it of the afflicting death of her majesty, queen Caroline; he repeated his complaints that the house ought to settle a revenue for as long a time as former assemblies had done, and that unless this was granted, his duty to his majesty forbade him from assenting to any act to continue the excise and for sink- ing the colonial bills of credit. The house, after a long discission, unanimously resolved that it would not pass auT bill for the grant of monies, but with assurance that the bills of credit struck and issued in the yeafs 1714 and 1717, should be redeemed, and also the excise act should be continued from November 1, 1739, for a sufficient number of years to cancel and destroy the said bills. This resolution was com- municated to the lieutenant governour by Messrs. Schuyler and .Tohnson. These gentlemen having wait- ed on the lieutenant governour, reported that his hon- our was pleased to answer, " that he could not give hj^ 54 I III '■■ M .. ■•) m i26 History oj New-York, assent to sutli a bill unless the house would settle a support for as long time and in as ample a manner as had been given to former governours ; neither could he consent to the appropriation of the money." A rupture between the executive and legislature was ra- pidly approaching. All good men saw, with regret, that pertinacious adherence to prerogative, on the part of the lieutenant governour, which tended to frustrate tiie wholesome measures of the assembly. The lieutenant governour had little reason to complain of the legisla- ture. It had voted him a salary of 1560/. and had been lavish in its disbursements for the suppoil of govern- ment. By limiting the duration of taxes to one year, it had shewed to the people the benefits arising from an annual meeting of the legislature, and it possessed no other means of coercing the crown to a ^iue sense of its dependence on the affections and loyalty of the colony. But the lieutenant governour was not to be moved by considerations of this nature. He ordered the house to attend him, and in an angry strain of in- vective and abuse, told the assembly that its proceed- ings were " presumptuous, daring and unprecedented." That he could "not look upon them without astonish- ment, nor with honour suffer the house to sit any longer." He accordingly dissolved it. No bills were passed into laws at this session. Many were originated, but, by the dissolution, were lost. The character of the assembly, for firmness, in what it deemed the essential interests of the colony, cannot be disputed. The legislature began to perceive its importance in the scale of government. It possessed the germ of that independence and free- dom which afterwards ripened and displayed itself in History of NenhYork. 42^ securing the liberties of our country. It felt the digni- ty due to its own character, and neither ministerial smiles nor frowns, could »way it from the path of duty. ^ *h^' .j-VC ..'/(• a ;i!ii\£ir'':s ;.f 5>-' ^f i- \$,%^ m- i' ,•• r'>- "Vi^nt iJtiiiiJt *i#fc. 11.=*:.^ i ' J *^,r ;'?''-*; r(*V'„i ^»;f'. ? >> s ,» i-7 ■!><» '■Vi*' r* *• '«nti!iH, ! *lfi- Mr *" m& -^ HJH' ■ >»5 ' *'*♦ W •■*■* *•* •■»■ ' ■*^'' !.i !t'* 'i^j » -iv.*. -h\ ■<" <* «'•' - .\ .4».?-/.. .i-i^ ^/'■^i^■ •»' ■■•J ■•.1^ (IJ--.,' nf^;| ?>i,|--«;-.;t}5-' 'ifi * •I.' 5 t kft t; jV-" -'i' •Si* .i'.>l*J-- '■** j*'.* !■ -tiiV"#i5 -'.t i: ■ .;;.; 1 * n%.\ if*? . -JN ■V'?.'ii\"iftk '*"^-*' '.,»< f » .K- ' ' -r^- .w^:yr f^.U ^Y »u 'fi fr?-fC^'i«A.':lT^* / ml^K ^r i?-'"fe 111' .I'^f/i? t- -^ M' \*it :>:tt^i.fiHi ;««f' i' w,-i M^ .tfcH .V-V/-*' i"' V3.!. ^W S 4} '-i ■^ .^.U «&<.' ■ft II % ■| 1^1 ,..j«, ,t ■•;. 1 ■it y-7 *■*<.'' « '■ a- *' > ri ^ ^ 1^ :^^ < » .» ; ir. * •-»^r "j ^ ; t ••VM-f'- Tfj4>.4' r *■ ■r^s'.e'i ''-$§^' * i.'..»«t5tf>>^- 5>^-J(Ai| ," •"^ .*!?• ■r?*'^^ T > --!>^,-,?S*=SW3S!a«Bi*ll*l!a«^ S^kSfi HISTORY OF NEW-YOliK. >»o^- /.• PAllT IX. m ■•* " Including from the year 1738 /o 1741....J?ci>i^ a continu- ation of the Gmernment under JLieutenant Gavemmn' Clarke, ^ ?■;< '■•Oil ■ '. i I K' N § I. State of Europe, and of the colony ; war between Great Britalo and SpaiD. § II. Impressment of seamen resisted by the mayor of rfew-Tork; spotted fever and small pox. § III. New elections of the assembly ; lieutenant govcrnour's speech and proceedings of the house. § IV. Revenue ; prorogation. § Y- Negro plot. § VI. Number executed, &c. and remarks. § VII. Meeting of the assem- bly ; progress of Christianity among the Indians. § VIII. Sugges- tions that the colony wished to be independent of the crown, coirei. dered. 3. HE state of Europe had been, for some time, un*- propitious to the settlement of the colonies, or the in- erease of their commerce. Spain had sought occasion to embroil herself in the war with Great Britain. The convention made at Paris, in January, 1738, by which Spain had engaged to pay England 95,000/. for depre- dations committed by the subjects of the former on those of the latter, had been violated. Hostile prepa- rations against Spain, seemed to be tlie constant theme of the English people. The ministry, unable to resist the clamour, granted letters of marqe and reprisal. :l i 430 Histoty of NenhTork. v^ ^ The troops were augmented ; a fleet was assembled at Spithead ; a reinforcement sent out to admiral Had- dock, and an embargo laid on all outward bound mer- chant ships. ETery movement threatened an immedi- ate rupture. Admiral Vernon was sent to the West Indies, to annoy the Spanish trade and settlements. The king of Spain, on his part, ordered all British shij.s, in his waters, to be seized and detained. In the end, war was declared by England against Spain, on the 23d of October, 1739. As early as February, 1736, gover- nour BroiJghton, of South Carolina, had apprized the lieutenant governour of New York, that a Spanish arma- ment was preparing at Havanna, to attack Georgia and South Carolina. The lieutenant governour and council liad, tliereupon, forbidden supplies or arms to be ship- ped to the Spaniards, and an embargo was also laid on all vessels bound to St. Augustine. (i U* A remarkable application was made by captain Norris, of the ship Tartar, then lying in the harbour of New-Yoik, for liberty to impress thirty seamen, whom, he said, were much wanted by him to man his vessfl. The lieutenant governour and council ordered the may- or of New- York to cause the impressment to lie made. The mayor, with a firmness which did him much ho- nour, peremptorily refused to obey the order, and the lieutenant governour and council prudently declined, though solicited, to take any further measures to com- ply with captain Norris' requisition. The colonists were yet ignorant of the practical operation of the doctrine of impressment. The spark of liberty, en- Jiindled in their bosoms, could not be extinguished by the arts or arms of their rulers. The purple or spotted fever was said to be making great ravages in South iBisaBBa««iKd m m.^. 4 r History oj New-Yoth 131 It" r: -ftV Carolina, and the small pox, another terrible enemy of man, was stated to prevail at Barbadpes and Antigua^ The lieutenant governour and council ordered all ves^ eels from South Carolina, Barbadoes and Antigua to perform quarantine. * ^ III. The former assembly having been dissohedt a new election for representatives became necessery. In the city of New-York an entire change of members was produced. None of those who served in the last assembly were returned. Though great exertions liad been made by the lieutenant governour to procure a house, less rigid and unbending than the former, he was equally unsuccessful in the attainment of his pui^ pose. Whatever diflerences existed between the new members, on minor subjects of legislation, yet on those leading and ir^portant questions, of granting supplies for only one t and of supporting tlie credit of the paper money Oa me colony, there was but one opinion. The lieutenant governour opened the session, on the 27th of March, 1739. He told the house to imitate the British parliament, by granting liberal supplies. He reminded it of the gratitude it owed to his majesty, for liis constant protection and support of the colonial trade* and of the rights and liberties of the colony. He ear- nestly recommended the house to provide for the long arrears due for the support of government. He again called its attention to the ruinous state of the fort among the Seneca Indians, and the barracks at Fort George. The complaint of the French endeavour- ing to alienate the affections of the Indians, was, as usual, a prominent subject of his speech. He also in- formed the house that the crown had repealed tlie law regulating elections of representatives, and concluded ■) yn.-M J -« * 4^2 History of New-York, hy promising to give liis assent, to any bills the assem- bly should pass, provided it would do its duty in re- spect to the revenue. The house seemed to be even less courteous than the former assembly. On a division to take the speech immediately into consideration, only five members voted in the affirmative, and seventeen in the negative. The consideration of the speech was postponed for a week. The house likewise reduced the salary of the lieutenant governour, from 1560/. to 1300/. alledging the present embarrassments of the colony as the cause for this reduction. Little business was done, and the small pox being then prevalent in New- York, the house took a recess to August 29, 1739. When it reassembled, the lieutenant governour remind- ed it of the subjects contained in his former speech. He added that ship building was much neglected in the colony, and suggested the propriety of increasing it by a law to be passed for the purpose. He communicated to the house a letter from the governour of Massachu- setts, and a vote of its assembly, signifying a desire to have the boundaries between the two colonies settled by commissioners. The small pox still continuing in New-York, the house, with the approbation of the lieutenant governour, changed its place of meeting to the house of Harmanus Rutgers, near the fresh water pond. No report having been made to the house of the expenditures of the sums voted in 173t, amounting to nearly 12,000/. for the purposes of erect- ing fortifications in New- York, Suffolk, Albany and Schenectady, the commissioners appointed for applying those monies, were directed to make report of the man- ner in wl»i; ill' IIP' :';■;. !l)!lli >m & fJfj' 436 History of New- York, relative to the robbery at Mr. Hogg's, gave the grand jury reason to believe that she was also privy to the de- sign to set fire to the city. After some difficulty, she made a disclosure, which, in all probability, was greatly exaggerated, though some of its parts might have been true. Slie stated that meetings of negroes were held at her master's [Hughson.] That their plan was to bum the fort and city. That one Caesar, [a black] was to be govemour, and Hughson, her master, kifig ! That " ** they were to destroy the whites. That she had known ' seven or eight guns, and some swords, in her master's house ! That the meetings at her master's house, con- sisted of twenty or thirty negroes at a time ! Upon this evidence, warrants were issued, and many negroes committed to prison. One Arthur Price, a servant, charged with stealing goods, belonging to the lieutenant govemour, likewise became informer. Being in prison himself, and having access to the negroes there commit* ted, he received, or pretended to have received, much information from them. He was afterwards employed by the magistrates, to hold private conferences with the negroes in prison, and to use persuasion and other means to gain confessions from them. In this business he was peculiarly expert, and received the most un- qualified approbation of the magistrates. Yet many of bis stories are of such a chivalrous and romantic de- scription as to excite suspicion of their truth. But ^-' every thing he related was implicitly believed. The more extravagant the tale, the more readily was it re- ceived and credited. A white woman, who was a com- mon prostitute, and familiar even with negroes, of the ' name of Margaret or Peggy Salinburgh, tUias Kerry, aUas Sorubiero, likewise declared she could make ^ 11^ miJtm 1 1 History of New-York, 43f7 [i> •»•* great discoveries. The magistrates eagerly hastened to take her examination, and the consequence was, that fresh warrants were issued for the apprehension of ma- ny other negroes, not before implicated. Informers were now rapidly increasing. Arthur Price, whil^ in prison, was making great discoveries. Operating on the fears and hopes of the negroes, many declared themselves accomplices. The magistrates were unceas- • ingly engaged. The grand jury were daily presenting bills of indictment against the parties accused. To be inculpated by Mary Burton, Arthur Price, or Peggy Salingburgh, was sufficient to authorize ttie indictment and conviction of any person. It is to be regretted that on proof of such suspicious characters, so many lives were placed in the hands of the executioner. JNfot that we dispute the fact that some of the firths were designedly set, but that we mean to be understood as doubting the extent and nature of the plot ascribed to the negroes. It is evident that Mary Burton was wholly unw^orthy of credit. Independent of the ab« surdity and improbability of many of hei stories, she had, on the 22d April, in her first examination and dis- closure under oath, declared, " that she never saw any white person in company when they talked of burning the town, but her master, her mistress and Peggy;" yet, on the 25th of June following, she deposed that one John Ury, a Catholick priest, (a white person) was of- ten at her master's, and " that when he came to Hugh- son's, he [Ury] always went up stairs in the company of Hughson, his wife, and daughter, and Peggy, with whom the negroes used to be, at the same time, consult- ing about the plot ;" and that " the negroes talked in the presence of the said Ury about setting fire (o the iM 438 Hislorj/ of NcW'York, m. houses, and killing Ihe white people." She afterwards, on the 14th July following, declared, on oath, that one Cori-y, a dancing master, (also a white person) used to come to Hughson's, and talk with the negroes about the plot. Yet on evidence of this kind, Ury, who had previously been committed under the act against Jesuits and popish priests, was indicted, tried, convicted .and executed. At the place of execution, he solemnly denied the charge, and called on God to witness its falsi- ty. But Ury was a Catholick, and the publick prejudice was so strong, that it required very little more to en- sure his condemnation. Had not Ury been obnoxious, on account of his religion, the accusation against him would perhaps have never been made, or, if made, would have been little regarded. Mary Burton, re- ceived the hundred pounds which had been promised as a reward for discovering the persons concerned in set- ting fire to the city. We shall now dismiss this article, after giving the number who were accused, tried, and suffered on this occasion, with some remarks, which grow out of this subject. ^ VI. One hundred and fifty-four negroes were com- mitted to prison, of whom fourteen were burnt at the Intake, eighteen hanged, seventy-one transported, and the rest pardoned, or discharged for want of proof. Twenty white persons were committed, of whom two only, John Hughson and John Ury, were executed. At tbifi time, the city of New- York contained a population of about twelve thousand souls, of whom one sixth were slaves. If a plot, in fact, existed for the destruc- tion of the city and the massacre of its inhabitants ; and if that plot was conducted by Ury, it certainly betray- ed greater imbecility of intellect, and want of caution History ^ Neiv-York, 439 and arrangement, together with less union of action, tha«i could have been expected from one who was evi- dently, if we believe his own account, a man of classi- cal education, and profound erudition. It is worthy of re: nark, that Corry, the dancing master, accused by Mary Burton, was discharged for want of proof! It seems tliat Mary's testimony began, at lengtli^ to be doubted* Indeed, it well might ; for had the prosecu- tions continued much longer, sl»e would, more than probable, have accused a great portion of tlie white citizens of New- York, as being concerned i?i this plot. Daniel Horsmanden, esq. published, at the time, a history of this conspiracy and laboured hard to prove its exist- ence and extent. But it is evident that that hostility to Catholicism, which the British government so industri- ously inculcated, tinctured his mind, and gave it a bias unfriendly to the fair developement of truth, or to the full and impartial examination of facts and circumstan- ces. The negroes were without defence. All the counsel in the city were arrayed against them, and vol- unteered their services on behalf of the crown, on the trial of those unfortunate slaves^ The want of educa- tion, and utter ignorance of those infatuated wretches easily made them the victims of craft, and imposition. The hopes of life^ and the promise of pardon, influenc- ed some of them to make confessions. Yet falsehood was so ingeniously, and artfully blended with truth, that it was not an easy task to separate the one from the other. It must, hqwever, be admitted, that many circumstances aided the opinion that the plot, in fact, existed, and if the people were mistaken in this, it was an errour into which they might naturally fall at the moment o( qonfu- sion and distress, and under the attending circumstances. I !/ ! < . .' 1 A M ■I'- ll' .ij'r.;,, m ■'."ii- it!,; 440 History of New-York f % A day of publick thanksgiving for the deliverance of his majesty's subjects, from the alledged coq- spiracy^ was appointed by the lieutenant govemour, and was devoutly and reverently observed by the inha- bitants. ..4* fc« ' ' $ VII. The assembly met in April, but irnraediately after adjourned. In September, 1740, it ^as again convened. The speech of the lieute^|p| ^iD^ernour strongly recommended war measures for the defence of the colony. He urged tlie house to grant ^ijtijther sup- plies for the support and maintenance o^ltroops and forts, especially the fort at Oswego. He stated the ra- pid progress of Christianity among the Six Nations of In- diai^s, where the reverend Mr. Barclay was successfuir ly combating the delusions of infidelity and paganism^ He solicited the house to raise a revenue for a term of years, as former assemblies had done, and not to limit its duration to one year. It was in vain, however, fof the lieutenant governour to press this latter topick on the house. Their resolution was fixed, and so highly indignant were some of the members at this atr tempt, that a motion made by Mr. Nicol, to rer* ^; duce the lieutenant governour's salary to 780/. was lost, on a division, by a majority of five voices on- ly. The sum of 1,300/. which bad before been allow- ed, was then proposed, and carried by a small majority* The house likewise voted that it would not subject the colony to any additional taxes, to aid the contemplate^ ^ expedition against the Spanish settlements ; plainly in- ' iimating that it was the province of the crown to sup- port its own wars. Captain Johan Jost Herkimer, M^^ Henry Van Rensselaer, Mr. John H Wendell, ancj ►, IMr. Gerrit A. Lansing, were directed to victual the :::£^ Histcty oj NenhY&rk. 441 gaiTJsoJi at Oswego. Thirteen acts were passed at this session. The militia act was amended, and the tax on cider, pork and beef was repealed, but the duties .-,■; i lit'.*. C£ .''. . V i'' HISTORY OF NEW-YORK. •^v*'*'^' ■ s i'rf'''^.! ■■'i'-'tr^'t ^ PART X. Including from the Year 1741, to the Year 1743, when Governour CliiUon arrived, and terminated the Admin- istralian of Lieutenant Governour Clarke* :lf v,'*"*;^ ■! I ' gi^- y V- -'V '-,'■*., § I. The speech of the lieutenaDt governour in April, 1741. §11. Remarks thereupon. § III. Answer of the assembly. § IV. Its proceedings. § V. Cuba taken by the British ; speech and answer in September, 1741 ; proceedings of the house. § VI. Arrival of governour Cliotou. § VII. Character of the lieutenant governour. XN the preceding chapter we briefly noticed the speecli of the lieutenant governour, and the answer of the assembly, at the April session, in 1741. These pa- pers shall now be more particularly considered. As evidence of the temper of the times, they may justly be deemed valuable. On the part of the lieutenant go- vernour every eflbrt had been made to produce an effect on the house. lie commences his speech with referring to the revolution which placed William and Mary on the throne, and secured a pmtestant succes- sirm to the nation : That that revoltition had "protected the colony in the enjoyment of its civil and religioui rights and privileges : That the colony had been more iiighly favoured than any other of his majesty's pro* % ■■fte 444 History of New- York, Tinces ; and that, in grateful return for this proicction, its former assemblies had, for many years, supported the government conformable to the practice of the par- liament of England : That, like parliament, these as- semblies had never questioned the king's royal prero- gative, and undoubted right to appoint officers for the management of the revenue. But late assemblies, hav- ing grown wanton by prosperity, had abused the cle- mency of the crown, and had demanded the nomination of their own treasurer : That this demand having been granted, so far as related to the management of monies raised for extraordinary uses, the legislature were em- boldened, after the year 1709, further to insist on the particular appointment of the salaries of the officers of government, and absolutely refused to raise any reve- nue unless this demand was likewise granted : Tliat consequently his majesty's auditor general was left without any salary ; " thus fixing on themselves the de- I)endence of the officers for whom tliey provided, (for men are naturally servants to those who pay them) and, in cllect, subverting the constitution, by assuming to themselves one undoubted and essential branch of his majesty's royal prerogative." That he now hoped the bouse was returning to a sense of duty to his majesty, and would make parliament the model of its proceed- ing : That this conduct alone would remove the jealou- sy prevailing in Great Biitain, that the colony wished to be emancipated from the crown, and would enable " his majesty to pay his own officers and servants, where- by they will be reclaimed to their proper dependence :*' That a speedy rupture with France was to be appre- hended, and that timely provision should bti made against the consequences of that event : That his mii- ■'.> nwm'rtvigaitai ■kMUHMi History of New-YorTc. 445 jesly had ordered large (luantities of military stores and ordnance to be sent to the colony to aid in its de- fence : That the gairisor at Oswego ought to be aug- mented, and the niiliti: <.. the colony placed under f"jetter regidation : That an agent, of known integrity and ability, was necessary at the court of Great Bri- tain. He then adverted to tiie late fires in the city of New- York, and concluded by recommending the house to provide for the rebuilding of the chapel, &c. in Fort George, which had been destroyed, and for placing the slaves under greater restrictions. ♦- * ^ 11. The speech is replete with useful political niatter. It will be seen that the democratick branch of the colonial government had placed the governour, and almost every other ofllcer, in a state of dependence on its votes and measures. Not a single shilling could be withdrawn from the treasury, but by legislative consent. This was peculiarly galling to the lieutenant governour* It had stripped him of tliat executive patronage and in- fluence, which was deemed by him so essential to the support of his aest Indies: That '■^ 1 1 ] 1 i ■ 1 ylK Ir ^^ ffl ^^B ' '^ B '' ll: ^ l^^i ff ' 1 _ 448 Jlialori/ of Nerv-Yark, though deficiencies in tiie revenue, lo the amount o'C several lliousand pounds, had arisen, while publiek monies were under the controul of the governour and council, yet the house had never failed in granting the necessary supplies for the support of government : That the house disavowed any intention of throwing ofr their dependence on the British crown, affirming its loyalty and attachment to his majesty : That the audi- tor general (Horatio AValpole, esq.) would, no doubt, receive a compensation from the king ; yet that consi- derable sums had passed through the lieutenant gover- nour for his use : That trade and commerce had dimin- ished : That this was to be ascribed to the heavy bur- thens laid upon commerce, (rom which many evils were to be apprehended, and that " many instances might be given where the channel of trade has been di- verted, it has rarely (if ever) been retrieved :" That an agent at the court of Great Britain would be of essentia] benefit to the colony, ** if depending on, and payable by, the general assembly ;" and that the house indulged the hope that if a bill for the purpose was presented to the lieutenant governour, it would receive his assent : That the house would make provision for repairing the loss, by the late fires, in Fort George: That it regretted that among thft military stores which had been sent over for the de- fence of the colony, a sufficient quantity of gunpowder had not been provided, a duty which the crown had ever observed in regard to this country : That the ex- pense of transporting the military stores, mounting the guns, and other necessary expense?, would be duly at- tended to : That the better regulating the negroes, and fhe othrr pubjrrts recommended by the lieutonant go- )X- nd fo- lUsiory of Netv-YorJc, 449 Vefnour would be duly considered and acted upon hy the house. In this paper warfare between the lieutenant governour and the aissembly, the latter had evidently the advantage. In the speech we observe those ef- forts of a high toned ambition to place the g«>vernment out of the reach of the people ; while in tlie answer a firm, yet moderate, adherence to truth, is its distinguish* ing trait. $ IV. Notwithstanding the decided attitude of the bouse, it voted liberal supplies for the support of the war. 3,281/. 13*. 11 J. were voted for military works and preparations in and about New- York. 200/. were voted for fitting out two sloops to go in search of some Spanish privateers which were hovering about the ha!** bour. 50/. were promised by the house to each volun* teer wh(» shcmld be maimed or disabled in that service. Meanwhile provision was made against the irruptions of the Indians on the frontiers, and forsecuritig the friend^n ship of such as were considered in the British interests The commissioners of Indian affairs at Albany (Myndert Schuyler, Abraham Cuyler, Dirck Ten Broeck, Ryer Gerritse, Johannis Lansing, junior, Hendrick Ten Eyck, .John Schuyler, junior, and John De Peyster) informed the house of the scarcity of provisions among the Seneca Indians, and of the design of the French to eifect a settlement at Tierondequat. The bouse voted monies to purchase provisions. The grand jury, which had presented indictments against such as were concerned in the negro plot, were called in, and publickly thanked, by the speaker, on behalf of the as- sembly, for their vigilance and attention, in bringing tlie oiieiiders to juatice. Aff of the supreme court. To liia ag«, and growing infirmities, may be ascribed the introduction of that ar- ticle in our state eoii?titntion uhich limitn the duration of the o((icfi of judge. ' - I ' 2r IK' 452 History of 'New-York, George. After the lieutenant governour had given his 9ssent to eleven laws, the house adjourned till the 16th March, 1741-2. Among the number of laws passed, ^e do not find any which afforded relief to unfortunate imprisoned debtors ; so much was the government wedded to that sanguinary policy which stains the an^ nals of English jurisprudence, and permits an exaspe- rated creditor to incarcerate his unfortunate debtor for life. The house in its next session, (and which was continued to October) was principally occupied in making appropriations for tlie defence of the colony, and raising a revenue sufficient to meet the expense. It again met in April, 1743. Several of the magistrates of the colony having been proceeded against by infor- tnationy (a. powerful instrument in the hands of the crown lawyers) for not repairing the court houses and gaols in their counties, a bill was directed to be brought in to prevent such vexatious proceedings in future, but it did not pass into a law. ^^ VI. On the 23d of September, 1743, his excellency George Clinton, who had been constituted governour of the colony, arrived, and his appointment was duly proclaimed ; thus superseding Mr. Clarke in the go- vernment of the colony. $ VII. When we consider the administration of lieu- tenant governour Clarke, we shall find little to dis* tinguish it from tliat of his predecessor ; at least in one important particular, namely, that of a strict and pertinacious adherence to prerogative. It cannot be deniefl that he possessed a greater share of pru- dence, and ceitaiuiy more talents for government^ Hisiery oj NenhYorkm 453 than Cosby. During a period of more than seven years be evinced, with but one or two exceptions^ a strong desire to conciliate the afiections of the people. Apart from his notions of monarchy, he con- tributed much to the prosperity of the colony. His constant attention to the promotion of trade and com- merce, entitle him to applause. Though he did not possess the suavity of manners which distinguished his predecessor, he was his equal in integrity, and far his superiour in acquired knowledge and vigour of intellect. His speeches do credit to him as a scho- lar, and his arguments required the combined talents of the assembly to weaken or destroy. i . George Clarke was descended from an ancient and respectable family, of that name, in Somersetshire, whose family residence and estate was at Swainswick, near Bath, and in whose possession, as tradition goes, is a sword, said to have belonged to King Bladud, who first discovered the virtues of the Bath waters. Mr. Clarke, in early life, pursued the study of the law, and was married to Miss Ann Hyde, an heiress of the elder branch of the house of Hyde, in the county Palatine of Chester, about the year 1703 or 1704. He came over to this country, and continued in the service of the crown and colony till af- ter the breaking out of the war in 1743, when he was su- perseded by Mr. Clinton. In the year 1745, on his re- turn to Great Britain, he was captured by the French, but soon after being released, he retired, for the re- mainder of his days, to the city of Chester, where he died in 1763, and jsequeathed his property to his only surviving male is^ue, George and Edward, who, IB^ith four other of his children, were born in the m i. i ir ■. ii': r: Ui Bislory of New-York, i utate of Kew-York. George was many years if- cretary to- the province, which he resigned aboi i the year 1772, and died at Hyde, in the year 1776, liaving itever been married. Edward was in the armyi and commanded a company of Albany provincials^ at the taking of the Havanna, under lord Albermarle ; and for his services was made a major on the field. He afterwards went over to Jamaica, having retired from the service, and again returned, in 1772, to this coun** try ; from whence he went over to England and diedjri J 774. He left only one son, George Hyde Clarke, whose eldest son George, is the present possessor of the estates of his ancestors in this state, and has two sons, in this country, viz. (i^orge Hyde, and Edward Hyde, who, on the 5tli of Augu:it, Uni, declared their inten- tion of becoming citizens, in conformity to the act of congress to establish an uniform rule of naturalizar tion. We have been led into this lineal detail, be- cause, in reverting to our history, we find this family among tlie few thai were high in office, who have re- tained their possessions through the convulsions of the revolution. At the close of the administration of Clarke, the finances of the colony were not in the most prosperous condition. The duties on negro slaves, wine, rum, brandy, cocoa, and dry goods, from September, 1741, * to September, 1742, amounted to 2197/. 7^. Ijrf. only ; while the expenses of government, for about the same period, amounted to upwards of 4600/. This de- ficit is to be ascribed to the enormous salaries allowed to the lieutenant governour, and other officers, and ^ to the large sums of money expended for military purt History of New-York, 45a poses, and for securing and retaining the friendship of the Six Nations of Indians. Whenever the governour^ of the colony required heavy requisitions to be made upon the purses of the people, they had only to inform the assembly of the evils to be apprehended from the intrigues of the French among the Indians, of their attempts to alienate their alTection from the British, and of the danger to the religion and liberties of the people, from the efforts of popery, like true protestants and Englishmen, they immediately voted large sup- plies. ■^-%. .^ d't-'-.'f: :.' •>*■*• 4v^ t ■^■ U¥: r- •• "i :'■ '• • '-M ^ :' ., 'i / \ % !■ i^■ > « 'iL\^ i '■■> ":,;■ -* t,V'^%^^«%-. -») -1 ^'^ •',-f.^'.- "i rf^., ^-^^^i ■>t- 5' '%t ;*4-vr «,• r-'^ ■"» ,k ' -^f «*. «• .'Sta," ^ *;^.: 1 » ^1 aC '*.' '" ,.^ , • 1 * * J ' • *■ , . ■ ^ ' -» \ ■ " * / '.V • . < • . t! .. . '■• < . . •** ^ «'• ; r«^ "* . t, ' f s ' * ''-'■* %\' ^ **,' "^■./t: C*%.1 .'-.i» . ;..... ^P ;; .■! ; ■ . »' ', V '''v.' ' ■ ' " , i''^^^:y, %if .^ ■■, - ' -r fc., -^ -^h' % - «, - '■ '* = rt ii£i, .«^ Vf,' *4- .■ J^^ v. -ijafc-.'i. .^V HISTORY OF NEW-YORK. 1 « 1 i • '-■ '^i t .'ii X > '*','.■;■' f • PART XT. inchding from the Year 1743 to the Year iii5, being two Years of Govemour ClintoiCs Administration, \ I. Arrival of goVemour Clintoo. § IT. ^iliti pretender obtains the French interest in his favour for the invasion of England ; war be- tween France and England. § III. Meeting of the asseoiblj. § IV. Its continuance regulated ; measures of defence and other pro* ceedingfl. § V. April session, 1 744 ; assembly unite with the gover* Dour in war measures. § VI. Remarkable claim of lieutenant gover* nour Clarke. § VII. July session. § VIII. Bill requiring test oaths ; British fur trade ; defence of Oswego. § IX. Cannon sent to Georgia ; complaint by Virginia against the Ind-sins. § X^ in- vasion of Canada ; paper currency. § XI. Assembly disinclined to attack Canada ; rapture between it and the lieutenant goveroour ; dissolution of the house. « X'^i-^^ The arrival of Mr. Clinton difliiseJ iwi little joy throughout the colony. Very favourable accounts of that )i;entlei?ian*s talents and liberality had reached the inhabitants, and they were induced to believe that his whole attention and services would be devoted to the prosperity of the country. His address to the legisla^ ture, on his arrival, tended to confirm these favourable impressior s. His assurances tha* the welfare of the colony should be his "chief care an«i study," were re- 68 U f 4d8 History of New-York, ceived with unbounded confidence. Mr. Clinton, ac- cording to the practice of former governours, on the first publication of tlieir commission, dissolved tiie general assembly, and issued writs for a new election ; a practice highly agreeable to the people, and especial- ly at the present juncture of afiairs in England. $ 11. The chevalier de St. George, (the pretender,) ow- ing to the dissentions in the British parliament, had been encouraged to believe that a powerful paily in England and Ireland were ripe ft>r a revolt in his favour. He had given the French court to understand that if he, or his eldest son, Charles Edward, a youth of promising talents, could appear at the head of a French army in England, a revolution in his favour would be the imme- diate consequence of his enterprise. Little argument «vas wanting* to engage tlie Frencli ministry in his interest. An invasion was soon meditated, and the expedition was placed under the directitm of coui»t Saxe, who was to coiinnand iiftoen thousand mm. A great number of vessel^i was assembled for tiieir embarkation at Dunkirk, Calais, and Boulogne, with a view of efleciing a landing in Kent, in England, under convoy of a strong squadron, wliicli was preparing at Brest. In .January, IM. de Hoquefeuille, sailed from that port with twenty sliips of war. Tlie English government was not unapprised of these hostile preparations, and every exertion was made to j;uard the coast against the threuJpned inviision. The French king declared war against England on tlie 20th day of JMarc'a, 1744, and on the .'J 1st of the same month, England made a himilar declaration agait>st France. . ^ * ■ . t //"""wrgy »"3ig'wiB »iyyi |^5ijf^ History of New- York, 459 ^ III. To alarm the colonists, to call their loyalty into action, and to induce them, like true En/i^lishmen, to direct all their energies to one object, it was only ne- cessary to tell them that their relii^ion and their liber- ties were in danger from the pretender and the pope ; an association of characters which was the constant representation of rebellion, treason and destruction. Colonel Morris., who has already been mentioned, re- ported an address to his excellency, at the Novem- ber session, in 1743. This gentleman, although hos- tile to the court, could not resist the powerful influence which these threatened multiplied evilg had produced on the minds of the people. He was, as usual, returned a member from Westchester, and the address, which he reported to the assembly, was an ef- fusion of loyalty to the British king, and exhibited a zealous adherence to the religion of his ancestors. 'I'he speech of the goverriour was mild and unassuming. The answer was complimentary, and passed over in si- lence all the former subjects of difference betwe^ • the executive and the assembly. • ^ IV. Yet soon after the opening of the session, the house recurred to a discussion which had hi»h- erto frequently occupied its attention. It voted, nemine contradicenlCy that a bill be brought in to as- certain tjje continuance of this and all succeedifig general a«seml)lies in the colony. It will l>e seen, irom the history of the colony, that the frequnnt adjournments, prorogations, ard dissolutions of the assembly, on account of their attachment to the in- terests of the people, were particularly obnoxif)Us. Besides, the great expense incurred by these pow- r , I ,1* 4to Htstorif of NenhYorJk. erfiil instruments of monarchical power, the people were often required to make an election when, but a few months before, their representatives had been discharged from service onduct of their rulers. So zealous was the assembly in the cause of their king, that at its April session, in 1744, it united in addressing the governour to thank him for his speech, and to express the abhorrence of the base designs of his majesty's enemies of invading }iis kingdom in favour of a popish pretender ; declaring how sensible they were of the happiness they enjoyed under his majesty's reign ; and that their civil and reli- gious rights, next imder God, depended on the protest- jant succession in his illustrious house : That they would cheerfully concm* in every measure for the security and welfare of the colony, which they were well as- sured his excellency had sincerely at heart. Tlie sin- cerity of the assembly, in this address, ip evident from Ihe earnestness with which they pursued the system of defensive measures. T^pwards of four thousand pounds were voted for fortiHc;Uions, and other miJilary optra- tions ; a tax up^; all tlie estate, real ar-dpersoal, of the inhabitants, was likewise voted to defray the expense. The house requested the governour to send a detach- ment of troops to Oswego, which post, it was said, was in danger from the enemy, and voted to pay the charge of transporting and victualling those troops. ^ VI. The former lieutenant governour, Clarke, present" cd a memorir' the house, setting forth that the sum of .13,203/. 175. l\d, was due to him from the colony, as tv«ll under seYcral of its laws, ?.s l>v virtue of several •H' ;F 1 «':, 1 r; ■ i t . ii ! ■ '« \\ .J i 462 Hi slory of NeW'Ym'k. warrants signed in council, and praying that the trea- surer of the colony might be directed to pay it. The treasurer having been served with a copy of this me- morial, repelled the charge made by Mr. Clarke, insist- ing that not more than one thousand and sixty-two pounds was due to Mr. Clarke, and that he would lung since have endeavoured to pay the arrears, could he, the treasurer, have obtained from Mr. Clarke any account of tlie several bills or drafts on him, payable to otlier persons, in order to compare and examine the same yfiiU isiK own accounts : That Mr. Clarke had, during liis v^lole administration, been as duly paid, Vi not bet- ter, dian any govcrnour or commander in chief. This all. I Cut ion only proved that Mr. Clarke was willing to iniJtj'i'*^ his spleen against a faithful officer, who could not Ul mftde subservient to his political ^iews. The subject J^d not again appear bfJore the house, although ]VIr. Clarke was served with a copy of the treasurer's denial of the facts charged in his memorial. ^ VII. The assembly, having taken a short recess, was reassembled in .luly. The governour, in his speech, informed the house of the war in Europe, and of the cjv.ises which produced it. He stated, that the sevf ral fortifications in New- York, Albany, Oswego, add the garrisons throughout the colony, required augmentation i nd tapport: That some can- non and ammunition had been strit to Oswego, to- gether v\ ith a reinforcement of men: That a detach- ment had been sent to Saratoga : That an interpreter bad been sent to the Indians ; and that six of them had likewise been employed as scouts, and to watch the mo- tions of the enemy : That at the interview which hi ex- iCelleocy had witii the Six Nations of Indians, at Al- Ml sons parJii prote: oppo.-^ pist u, f_ .:-'•'- _""■>-■' History of New^York. 463 rea- Tlie me- isist- -Iwo long B,the :ount other sairie luring \i bet- This ing to could The hough iurer'fi recess. in 'Ol his ropt% lute (I » bany, lony, c can- JO, to- etach- rpreler n had he ino- hi^ ex- at Al* ii bany, they appeared disinclined to take a part in the war, unless the French attempted to invade the pro- vince: That commissioners from Massachusetts and Connecticut had likewise attended that interview, in or- der to revive the ancient amity and alliance, which subsisted between those provitices and the Indians, and his excellency had given encouragement to that object as a measure wliich would strengthen his majes- ty's interest in America. He also exhorted the house to provitje against attacks upon the coast, an J to take measures to guard the colonial commerce from the de- predations of the enemy. He regretted the heavy ex- pense to which the people would be subject, but he tuisted that the important objects in view, viz. the protection of their civil and religious rights would be a fiutficienl compensation for the expense. The assembly directed iis clerk to write circular letters to all the members of the house, requiring their punctual attend^ ance. It afterwards voted, unanimously, that as his ma- jesty was engaged in a war with France and Spain, the bouse would provide ways and means for putting the colony into juch a posture of defence as would on the one hand discourage the enemy from making an attack, and on the other, would excite the inlial)itants to make a vigorous defence, in case such attack should be made. The assembly were industriously employed in prepar- ing for the war. Supplies were liberally voted. ^ VIII. A bill was brought in, requiring all per- sons in the colony, to take the oaths appointed by parliament for the secuiity of the government and the protestant religion. Mr. Jones, from Q,ueens county, opposed the bill. He stated tlmt tliere was not one pa- pist or jacobiu; in a hundred in iht colony, and that the iilt ri>'' ,. m I: i i^% 464 Hisiaij^ of NenhYorL proTisions in the bill were iiiireasdiiable, audplutedth^ '%; inhabitants under restrictions, which were improper and '^ tinnecessary : That the loyalty of the colony was never doubted, and that the bid seemed to imply that there were reasons to question their allegiance to the British crown, which was a reflection highly unjust and injuri- ous. In support of the bill, it was urged that in Dutch- ess county, a number of Moravians were unfriendly to the government, and secretly exciting the Indians to revolt. The bill was carried by fourteen votes to se- ven. Quakers were indulged in affirming instead of swearing. Meanwhile the war had occasioned consid- erable alarm along the* frontiers. Their exposed situa- tion, as it regarded the French government, in Canada^ and the Indians in the interest of that crown, had seri-^ ously injured the British fur trade, from which great profit had been derived. The Indian traders, at Oswe- go, had abandoned the place upon the first notice of the war. This gave great encouragement to the French, who improved it much to the disadvantage of the En- glish. The Indians began to look to the enemy for protection, believing the English were too weak or too pusillanimous to defend their rights. An attack upon Oswego was likewise designed by the enemy. The as- sembly ordered that a detachment should be sent from Albany to increase the garrison at Oswego, and voted* that in case that place should be attacked, further rein- forcements should be sent, at the expense of the colo- ny. Vigorous measures were, every where, adopted to give the enemy a warm reception. Stephen Van Rensselaer, esquire, had engaged to furnish t\ve wood amd candles for all the garrisons in Albany county, and the houije voted the necessary supplies. 9(V# were vot History of New-York' 465 ed to Mr. Jacobus Bleecker, for his services, as inter' preter for the Indians. 220/. were appropriated for presents to the Indians, and for the expenses of the commissioners for Indian affairs at Albany. Large sums were voted for other purposes, and nothing was wanting to evince the loyalty and zeal of the assembly. Several French prisonei*s having been brought into the colony, the governbur requested the house to make provision for their support. The assembly, in its an- swer, proposed that the prisoners should, without delay, be sent out of the colony, as the charges of the war were already sufficiently severe upon the people. The governour assented to the reasonableness uf this propo- sal, and gave assurance that speedy measures should be adopted to carr;^ it into effect. The prisoners were af- terwards sent to St. Domingo, under a flag of truce. $ IX. The proceedings of the governour and coun- cil were alike decided with those of the assembly. Fourteen twelve pounders were sent by that body to general Oglethorpe, the governour of Georgia, to aid in the defence of that colony. Supplies were prohibit- ed to be sent to Cape Breton, and the expoilation of gunpowder was interdicted. A complaint was made to the council by the governour of Virginia. He stated that some of the Six Nations of Indians had ap- peared on the frontiers of that province, and had killed some of the white people, and carried off their proper- ty. The commissioners of Jndian afiaii's addressed the governour on the subject, who sent an interpreter to Onondaga, to make enquiries from the Indians. The interpreter returned with an answer from them, denying the complaint in part, and adding tliat the Vicginia people first fired upon the Indians. _ . 59 • -I m ,1^ if 4i)ti Uislorj/ of JStiV'iork, ^ X. The English government now gave expi ess or- ders to the govemour, to carry hostilities into the ene- my's territory. The Canadas were always viewed as an object of the greatest impoilance to Ihe British crown. The present war afforded an opportunity of obtaining this prize, and the governour was known to be devoted to the interest of the ministry, and that he would leave no expedient untried to prevail on the as- sembly to second the crown in this enterprise. Ac- cordingly, at the March session, in 1744-5, he informed the house, that the attempts made by the French, the preceding summer, upon Aivnapolis, had induced the pi'ovince of Massachusetts to form a plan for invading the French settlements in Canada ; and that governour Shirley wished the colony of New- York to co-operate with Massachusetts in this design : That he, Mr. Clin- ton, had sent ten pieces of ordnance to Boston, and he urged the house to adopt measures for carrying on an offensive war against the French, Before the house proceeded to consider the speech of the governour, the intelligence, received from England, relative to the paper currency of the colony, became highly alarming. The speaker declared, from the chair, that there was a bill pending before parliament, to prevent the issuing of colonial bills of credit, and the making them a legal tender in payment of money : I'hat this bill, if passed, would be injurious to the colony. The house appoint- ed a committee to consider the subject. This commit- tee made a long report, clearly evincing the utility of this species of paper money ; and that, without it, the colony would not have been able to support the go- vernment, especially in raising forces ; and that the credit of those bills had never been impaired. The nrff'"* • »; MTfc-i;^.-,3''jijiMrin isirrrig-i of go- Hislory of New-York, 467 liouse voted that agents should be employed in Eng- land to oppose the bill before parliament. "^ ^ XT. The house now entered upon the subjects re- commended in the governour's speech. Contrary to^ parliamentary usage, it neither voted an address to tlie governour, nor any answer to his speech. A strong party was forming to oppose those gigantick views of conquest, which the British entertained as it regarded the Canadas. The house was resolved upon defending the colony and securing the friendship of the Indians ; but it deemed the conquest of Canada a business of the crown, and not appertaining to the colo- nial affairs. This sentiment of the ho was offensive to the governour, who had sent assurances to England of the willingness of the colony to support the war, and that it was here a very popular measure. On the Mth of May, 1745, he sent for the assembly; he charg- ed the house with rudeness and incivility in omitting to answer his speech : That sufficient provision had not been made for enabling the governour to have the ne- cessary interviews with the Six Nations of Indians, and for making them suitable presents ; That by thus neg- lecting the means of securing the fidelity of the In- dians, the enemy were enabled to seduce them from their allegiance, and to gain an ascendency over them : That the erecting of blockhouses and forts, and the maintenance of scouts, to watch the motions of the ene- my, had not received due attention from the house. The governour, after complaining of some other mat- ters, dissolved the house. Thij was the first open dis- agreement between the assembly and Mr. Clinton. Its causes were easily traced. The taxes imposed upon thp colony were already very great, and the houFo felt il Ml i x\ }\ !'ti!|H;! IMAGE EVALUATION TEST TARGET (MT.3) &^ z -^ 1.0 I.I kit2A |Z5 |5o "^^ MSB U° 1 2.0 us u IL25 iriu 1.6 Hiotografjiic Sciences Corporation «■ ^. •1>' .'•H. 39 WtST MAIN STMIT WIUTIi.N.V. 14StO (7U)t73-4$09 ? ** iy. 46& History oj New- York, Dp disposition to increase them, unless for the purposes 6f defence only. On the other hand, the Canadas were too valuable an acquisition to the crown to be aban- doned. Yet the charge of supporting a war against a kingdom so powerful as France, was burdensome to the nation ; and it was natural to suppose that the min- istry wished the colony to participate in the expense. Other subjects of irritation likewise existed between the governour and the hoiise. Richard Bradley, esq. his majesty's attorney general, had made himself obnoxious on account of the enormous exactions he jbad imposed upon the people. The assembly had de- termined to restrain the exercise of this officer in re- gard to informations. The governour and council were resolved to support the attorney general. Besides, the governour thought himself ill treated in other respects. Intelligence had been received that seven French ship? of war, viz. two of seventy-four guns, two of sixty-four guns, two of fifty-six gnn?j and one of thirty-six guns, with upwards of twenty sail of transports, and three thousand six hundred troops, had arrived at Martinique, for the American station. This fact had been com- municated to the house, as well as certain letters from the duke of Newcastle, signifying his majesty's orders as to the mode of carrying on the war, and as to an at- tack upon the French scttlemenls in Canada. Com- modore Warren likewise had received instructions from the crown to demand assistance from the colonies, either in men, provisions, or vessels. All these sub- jects, though pressed upon tl in house, were not regard- ed in any particular marinci-, nor called from them any ftirther measures or support. Tt may be added, that t!^ !i , «,'-. History of New-York, 46? t^k the goTernour had laid before the assembly a petition from some of the settlers on the northern frontier!^ setting forth their exposed situation as it regarded the Indians, and praying for protection, and that the house had taken no order upon it. All these circumstances tended to widen the breach between the governour and the legislature ; and what at length, in addition to •ther causes, created an open rupture, was the omis» sion of the house in providing for repairs done to the fortifications at Oswego at the commencement of the French war, and in furnishing lieutenant Butler with necessaries for his passage to Oswego the preceding fall. The govemour's pride was likewise sensibly affected by the high and decided tone assumed by the house as it related to the government in general. He made use of the following language to the house : " You have adventured to take upon you the assignments of the plans for erecting batteries within this city ; to direct the number of guns to be placed upon them, and to or- der the issuing out of gunpowder provided for the use of the publick, without consulting me in either respect ; which, in effect, is assuming the administration of the government, and wresting his majesty's authority out of the hands of the governour. Thus from an invinci- ble untowardness on the one hand, and an inordinate thirst of power on the other, you have become, as it were, a dead weight against the other branches of the legislature." -^ • ; Yet if we consider the proceedings of the house in their true light, we cannot concur in f he severe censure which was cast upon it by the governour. All iis pro- ceedings are strongly marked with attachment to thf> ' 1 :.i ■■4 M Jis ^ ■■ '<■ '> «" 470 History of New- York, crowli and resolution to defend the rights of the colony. H hdd been lavish of its resources, and had imposed heavy burthens upon the people to assist irt the prose- cution of the war. It had voted premiums to such pri- vateers as should take or destroy any of the armed tessels of the enemy between certain places on the coast. It had resolved to place the city of New- York in a posture of defence, and had directed estimates of the expense to be laid before the house ; and by which it Jipi)eared that nearly 8,000/. would be necessary for the purpose. The punctilio insisted upon by the go- vernour, that it was his exclusive right to assign places for erecting fortiBcations, was hatdly worthy of notice at this crisis, unless the exercise of it by the assembly bad been abused or neglected; this indeed was not pretended. Although the absembly had not, at this session, co-operated with the neighbouring colonies in the proposed attack upon the French settlements in Canada, yet this omission had not proceeded from a want of loyalty, nor was it just to make it a subject of Complaint. The forwarding of cannon to Boston, and also to the province of Georgia, (the very freight of which had been paid by the assembly) was surely an act which de- served some credit from the governour on the score of liberality and patriotism. No " inordinate thirst of power" had influenced the legislature in its delibera- tions, unless that may be so termed which tended to ^beck the misapplication and waste of publick monies. If the house ceuld be charged with " invincible imto- wardness," it was only in resisting Ihe overgrown influ- ence of the crown and of its ministers. If the assem- bly ** assumed the administration of the government/* ^fi«^r!''> "^ i 9 'W*-- '"■i."-. V <• ■Ji^ ,-t '.-, ., I^M • ■*. tiiii ■'• J., l« <^ . U . ■ *1 ■ • » *■ tf if J. -it$ ■i i-VI ■* ff •' K'-^' 'i* • ^'s ;* ^m- ,'*».* "ji t,i. •%'?**- > ■ ,'1^^-* ■». ."n,.' 'b ^ » t,.i *^) .\ , •i.iS-'*^ ^--j<>-jf'>; '.# • -> ■* '^y V < ' 5 jf ' J^ 4ijS**.t" / »***.»*''■ .''^^ **-/ • . -''^* 1-Hi^ •• ^'^^s*!.' •*'- V' I* '*?!.< H ' >-*• ••n^-' «S •■' "'«'• < $« '-■' ■V.-V' 'hi i ' Jt-' 't**jj *n .*. p~. A:.^H <^' ■•'?;* :•» .. yf J^^ S" • , uHf.' * • iT / -' * # *V % I- '.* • *W*i»feiww9«Bf^fO- »E«i"^*^7"iSr-*^' ■.-•/uw-T.' s^*^t jrJpr Tqzr?Tyy.y/r>»MiMtfilhttM ^ V .*•; BISTOBY OF NEW-YORK. T-.tf.v ' :\ ^ ' f:iJ,;'.,^^...-V,.V-';' -^t -»'^; '.v- PART XII. Including from the Year 1745 to the Year lliQ. «tif^^ ^i ,- f^ty.:-^'-,. J%' § i. Massachusetts requests tli6 aid of New-York in aa expeditioii against Louisburgh; Warren arrives with a fleet; success before liouisburgh ; its capitulatiuii. § IJ. IVIiiltary operations on the fron- tiers of New- York ; inhabitants of Albany alarmed ; Hosick desert- ed, and Saratoga destroyed ; incursions of the enemy. § III. Froa- tier6 of New-England invaded ; Stockbridge attacked, and Wood- stock destroyed. § IV. Grand conference with the Indians at Al- bany ; commissioners from four colonies attend ; conference termi- nates in partial success ; Massachusetts dissatisfied with Mew- York. § V. Meeting of tlie assembly, and preparations for defence. § VI. The governour demands the assistance of the Six Nations of Indians ; reward for scalps voted. § Vll. General Fuller^s regiitictit strives and sent to Albany ; forty thousand pounds voted to be raised by tax. § VIII. Day of fasting and prayer ordered ; a Lutheran priest forbidden to preach, and doctor Magraw euspccted. § IX. State^of the frontiers in 1 746 ; murders, &c. by the Indians. § X. Disagree- ment between New-York, Pennsylvania and Connecticut as to sup> plying the Indians with provisions, &c. § XI. Meeting of the assem- bly in April ; governour's message. $ Xll. Expedition against Canada ; proceedings of the assembly ; mortality in Albany. ■ .CK'- ■} Jb HANC£ and England were now preparing to pr*-' secute the war with vigour. Their respective colonies, on the' Auierican continent, were inflamed with the I I! m w I ^ f r- iiiSii'k* 474 History of NerV'Yort, same zeal ; mid their hostilities, though less importaiit in their coiiseqnences or extent,, were carried on with equal resolution. At an early day, governour Shir- ley, of Massachusetts, had communicated to the gover- nour of JVew-York, his desire of forming an expedition against Louisburgh,* and requesting the co-operatiou of New- York. Governour Shirley represented that such an expedition could not fail of success, if aided by a British naval force, which was hourly expected. He urged the raising of troops and munitions of war for the purpose, and the necessity of despatch. He stated that the colony of Massachusetts had, at great expense,, furnished even more than her quota of men. The as- sembly of New- York, which was then sitting, voted five thousand pounds towards the expedition. The fleet which had been destined for the American station, un- der commodore Warren, had, shortly before, arrived^ * Louisburgli, the capital of Sydney or Cape Breton island, is situ- ated in N. lat. 45, 54, W. long. 59, 55. Its harbour is one of the finest in North America ; being almost four leagues io circuit, and having six or seven fathoms water in every part of it. Louisburgh stands on a point of land on the S. £. side of the island. Its streets are very re- gular and broad, consisting mostly of stone houses, with a large parade, at a little distance from the citadel, the inside of which is a fine square, tiear two hundred feet every way. On the north side, while possessed by the. French, stood the governour's house and church; the other tides were taken up with barracks, bomb proof. Cape Breton remain- ed in possession of the French till 1 745, when it was captured by the New-England militia. It was afterwards restored to the French, and again taken in 1 753. It was ceded to Great Britain by the peace of 1 763. Cape Breton may be considered as the key to Canada. It is separated from Nova Scotia by a narrow strait, called the Gut of Can- so, which is the commiuicatipn between the Atlanlick ocean and the gulf of, St. Lawrence, n ^ , ,v . - » History of New- York. 475 .•511(1 proceeded to the attack on Louisbiirgh ; while the New-England troops, upon landing, took possession of one of the principal batteries, which was precipitately abandoned by the enemy. This success enabled the Bri- tish forces to command the harbour ; and all communi- cation with the place, both by land and water, was cut oK The French made an unsuccessful attempt to relieve the place, and one of their sixty-four gun ships, coming with succours, was taken by the English. War- ren, at this time, laid before the town with h\e ships of war, of considerable force, and expected speedily an addition to his squadron of a sixty-four and a forty- four gun ship. In June, 1745, Louisburgh capitulated, and was taken possession of by tlie English forces, -t,^* $ II. While these events were passing, the colony of New- York was busily engaged with matters which more immediately concerned her welfare and protec- tion. Intelligence had been received that 1500 of tlie French and 100 of the Indians intended to surprise the English settlements near the mouth of the St. Law- rence, and on their return, to attack Oswego. Colonel Schuyler and major Collins, who had been directed to build six block houses at Saratoga, were obliged to de- sist, on account of the j^i cat numbers of the enemy's Indians, who were constantly on the watch, and cutting off supplies and troops. Nor were the inhabitants of the city of Albany and of the adjacent country, less alarmed for their safety. Murders and robbeiies, by the Indians, were constantly occurring, and but within a few miles of the city. A draft of two hundred men was made for the relief of Albany and Schenectady. This detachment was taken from the militia of Ulster, Dutchess, Orange, Westchester, Queens, and Suffolk. ill?" mi < 476 Hictorif of New-York, The town of Hosick was deserted by its inhabitant!!, and towards the close of the year [November 16, 1745] the country or settlements, called Saratoga, was almost literally depopulated. The Indians had burnt the houses and fort, and committed many raurders> pursuing their ancient mode of warfare of scalping those unfortunate men, women and children, whom they captured. The alarm had even spread into Ulster and Orange, and had reached the frontiers of New-Jersey and Pennsylvania. Colonel De Kay was sent into Orange county to appease the Indians residing in that quarter, as they had exhibited great uneasiness. The people of Esopus* and Minisink had learnt that a plan was to be set on foot by the Indians the ensuing winter, for destroying those places, and that large quan- tities of snowshoes had been provided for the expedi- tion. Many families made arrangeuients for quitting the country. Every where Indian barbarities were committed ; while the English government, too much en- gaged in foreign conquest, had left the colony to its own protection against the irruptions of a savage ene- my. ~ $ III. The frontiers of the New-England colonies were likewise ^exposed to attack. Governour Law, of Connecticut, had communicated the intelligence that Stockbridge was beset by six hundred French and In- dians, while but a short time before, Woodstock, a flourishing village, in Connecticut, had been destroyed, and one hundred and fifty or two hundred of its mili- tia cut off. To add to this catalogue of misfortunes, the Six Nations of Indians, who had long been in thfr * Now called Kingston, situate in tflster conAly. History of Nciv-York, 477 English interest, were unwilling to engage in the war against the French or their Indians. $ IV. In October, 174.'), upwards of five hundred of tlie Six Nations had assembled at iVlbany, to hold a grand conference with commissioners from New-York, Massachusetts, Connecticut, and Pennsylvania. On this occasion, the governour, Daniel Horsmanden, and Joseph Murray, of the council, attended on the part of the colony of New- York ; .Tohn Stoddard, Jacob Wen- dell, Wells, and — — Hutchinson, on behalf of Massachusetts ; Roger Wolcott, and Stanley, of Connecticut ; and Thomas Lawrence, John Kinsey, and Isaac Norris, of Pennsylvania. It is proper here to notice, that about a month before this conference took place, Massachusetts had declared war against the Canada and eastern Indians, on account of the barbari- ties which had been committed by them on the frontiers, jind that the Mohawks had been invited by the govern- ment of Massachusetts to join in the war against the others. This conference, therefore, at Albany, was principally with a view to conciliate the Six Nations of Indians, and to induce them to take up the hatchet against the French. It was not, however, attended by those advantages which had been anticipated. Al- though thi.^ conference was held in a style of dignity and solemnity, which had seldom, if ever before, been "witnessed ; although men of the first talents and respect- ability, from four different colonies, had united their influence and exerted their eloquence in persuading these savages to take a part in the war, yet the charac- teristick cunning of that people was proof against all these arts. Whether it was a deficiency in the presents which were made them ; or, an aversion to enter into a im !i:| 47« aislortf of Ntiv- Ywk, war agaiijbt the French Indians, with wlioin tliey hael heretofore been on terms of friendship; or whether, as tliey pretended, they must first consult tiie Indians living more northerly, before tliey could give their con- sent, cannot now be ascertained. Certain, however, it is, that the answers they gave at the conference were evasive and unsatisfactory to the commissioners. At one time they said that they would first send to the Canada Indians, and demand satisfaction from them for the murders they had committed, and if not given, then that they would eiiter into tlie war. Again, they would pretend that rumours had been spread abroad, that the English and the governour of Canada were in a secret understanding to destroy the Indians, and take away their lands : That it had likewise been reported that the Albany people intended to kill the Mohawks, and to take possession of their land. The commissioners en- tered into long discussions with them on these various subjects, and shewed their entire falsity and absurdity. No argument, however, could serve to convince them of the propriety or necessity of immediately joining in the war. All that could be effected was a treaty with the Indians, by which they stipulated that in case they could not within two months procure satisfaction from the French Indians for their hostilities upon the bor- ders of New-England, or in case any further hostilities should beco mmitted, then they would, upon receiving orders from the governour of New- York, join in the war. After the making of the treaty, an express arriv- ed with intelligence that another attack had been made on the New-England frontiers. The commissioners from Massachusetts thereupon demanded that the go^ vemour of New-York should issue orders to the In- History of New- York. 479 dians for immediate hostilities. The governour did not concur in this demand inasmuch as the two months al- lowed to the Indians had not yet expired. The com- missioners from Massachusetts testified much dissatis- faction at this conduct, and intimated that they expect- ed that the governour of New- York would, in this emergency, have immediately taken decisive measures. The governour, however, was unwilling to commit him- self in this affair. He told the commissioners from Massachusetts that he would lay the subject before the general assembly and council, and take their opinion upon it. The commissioners from Massachusetts threatened to represent to the king the conduct of the governour of New- York, and how reluctant he had been in supporting the war or in securing the attach- ment of the Indians. Much altercation ensued. The governour of New-York sneeringly enquired what the colony of Massachusetts had heretofore done to conci- liate the affection of the Indians, unless when some pri- vate object was to be gained exclusively by that colony? AVhether, in times of peace, that colony had not wholly neglected taking any measures in relation to them, while New-York, at a great ex- pense, had annually made them presents, and taxed her inhabitants to defray it ? In the end the con^ ference failed in answering the expectations w^hich had been raised, and the commissioners separated from each other with sentiments of jealousy and disgust. ^ V- The assembly, which met on the 25th of June^ 1745, were addressed by the governour on the state of the war, and the necessity of pursuing vigorous mea- sures to support it. The house were inclined to con*- cur with the govemom-, and seemed disposed to he lib- 400 Historif of New- York. eral in granting supplies. Henry Beekman, of AlliU- iiy, was authorized to provision the garrison at Oswe- go, which was ordered to be doubled in number. CoL Philip Schuyler was directed to purchase gunpowder for the use of the fortifications at Albany. Col. Elijah Hutchinson was authorized to perform the same services in Sufiblk county, while John De Peyster and Philip Livingston, jun. esquires, were directed to provision the detachment of militia to be used in defence of the fron- tiers, and particularly Oswego. A larije sum of mo- ney was voted to the commissioners of Indian aflairs for scouts and other purposes of protection and de- fence* Anthony Bleecker, John Abeel, and Gerardus Lansing, who had resided among the Onondaga Indians the winter before, were compensated for that service, and Jacobus Bleecker, the Indian interpreter, was re- tained in that appointment. Nearly four thousand pounds in addition were voted for fortifications and repairs in and about New- York, and for raising troops to be sent to Oswego. The fortifications at Schenect*- ady were also put in a better state of defence. $ VI. The destruction of Saratoga authorized the go- vernour of New- York to demand assistance from the Six Nations, according to their treaty at the last confer- ence. Accordingly he informed the assembly that their aid should be required. At this session a vote was taken which can only be justified on the ground of re- taliation. The house voted a reward of ten pounds for the scalp of every male of the enemy above the age of sixteen years, but if such male were taken prisoner alive, then the reward was doubled. This last was a humane provision, which took away the temptation to •,» / History of New-York. 481 commit murder. The house ordered the bill to be brought in at the next meeting, and, when it passed, it contained some other provisions which softened its more obnoxious features. The enemy's Indians had, in many instances, been guilty of the most shocking murders, and had usually destroyed and scalped the prisoners they had taken. The retaliatory system adopt- ed by tlie assembly, was productive of good effects, and checked this barbarous warfare, so repugnant to the principles of humanity. $ VIL The house, when it met, in December, 1745, was informed, by the governoiu', of the fears which had been entertained for the safety of Albany, and that some of his majesty's troops had been sent up for its defence. General Fuller's regiment had arrived at New- York, the preceding February, and had been placed in the fort till captain Peter Winne, one of the representa- tives from Albany, could employ sloops to carry them to Albany. The governour laid before the house li tters from colonel Philip Schuyler, major Jacobus Svvart- wout, Cadwallader Golden, esquire, and lieutenant go- vernour Phipps. All but the last, related to the active operations of the enemy, the defenceless state of the country, and the necessity of further measures of de- fence. Lieutenant governour Phipps's letter contained a proposition for concerting measures to annoy the ene- my, in unison with the colonies of New-York, Gon- necticut, New-Hampshire, and Rhode Island. The as- sembly did not immediately act upon these subjects, owing to the shortness of the session. Nor indeed was it practicable to proceed with any prospect of success, until the necessary funds were raised. Accordingly, in July, a bill for raising 40,000/. by tax, passed 61 ^ . - 482 History of New-Yoik. the assembly, and received the assent of the gover- nour. \ f VIII. Notwithstanding the colony was engaged in a very ruinous war, which called for all her fortitude and resources, yet she was not inattentive to her reli- gious concerns. On the 26th of February, a day of fast- ing and prayer was directed to be observed throughout the colony, in order to implore the divine goodness, to crown his majesty's arms with success, and to protect the inhabitants from the barbarous incursions of the In- dians, and the still more detestable plots of the French, and the pretender. Nor was the government disposed to permit schismatical preachers to disseminate their doc- trines among the people. A Mr. John Lodow^ck Hoflfgood, a Lutheran priest, was forbidden to preach until he had obtained the governour*s license ; and a doctor Magraw, suspected of being a pensioner to the French, was restrained by the council in the liberty he had formerly enjoyed. { IX. In the beginning of the year 1746, the enemy and their Indians had become so elated by success, that marauding paities had frequently been seen within a very short distance of the city of Albany, and some of them, when protected by the night, had even ventured into the suburbs of the city, and there laid in wait to take prisoners. One of the enemy's Indians was pe- culiarly expert in enterprises of this kind, and had f^r^l- dom failed of securing and carrying off his prey, with- out hindrance or detection, even within the confines of tlie city of Albany. Many singular stories aie related of this Indian, who was called Tomonwilemon. In May, two negroes had been carried off by a party of French Indians, about eight miles from Albaiiy. History •/ New-York. 483 Major Collins, with about seventy men, went in pur- •uit of the enemy. One hundred and six men like- wise were detached from the city of Schenectady. The track of the Indians was discovered by the fires they had made, and they were pursued above Schenectady, but without success. At the" house of one Simon Groat they had murdered and scalped a boy, taken one man prisoner, plundered and set fire to the house, and shot a man in attempting to escape by swimming over the river. Hostilities of this descrip- tion were so common, and so ditHcult to guard against, that the whole country was in a state of alarm, and many of the inhabitants, with their families and valua- bles, were seeking shelter in the nearest block house or fortification they could find. Abraham Glen> esquire, of Schenectady, applied for permission to raise a company of one hundred volunteers, for the defence of the frontiers, which the governour and council thought proper to grant. The inhabitants of Clave- rack and Kinderhook solicited protection from the ene- my, and urged the necessity of having garrisons in two block houses, to the northward and eastward of Kinder- hook. The province of New-Jersey began now to be also seriously alarmed. Her government directed five hundred men to be raised, and that a bounty of 6/. should be allowed to each man. The sum of 2000/. for other charges, incident to that service, was likewise ordered to be raised. . , ^ X. A disagreement between the colonies of New- York, Pennsylvania and Connecticut, as to supply- ing the Six Nations of Indians with the provisionf^ of war, was productive of ill consequences to the common cause, and seemed to keep alive the jealousy 1 ! I?i m 484 History of New-York. ¥r'hich had, for some time before, existed. The general assembly of New- York, at its June session, had voted that the colony would, in common with the neighbour- ing governments, bear a proportionate part of the ex- pense of furnishing provisions for such of the Six Na- tions, and of those in alliance with them, as would pro- ceed on the expedition against Canada. The legisla- ture of Connecticut, to whom this vote had been com- municated, decJared that it was unreasonable for New- York to expect from them the assistance desired, inas- much as those Indians were within the territory and government of New- York. The legislature of Penn- sylvania made for answer, that it did not appear tliat the king had directed any application to be made to that colony ; but, on the contrary, had recommended that matter to the government of New- York; be- sides, the religious principles of the Pennsylvanians ivould not permit them to be concerned in the business of conquest or invasion. It will thus be perceived, that though the British colonies were each of them eager in the prosecution of the war, yet that the main object of the English government in uniting ttieir ef- forts against the common enemy, was, in part, unattain- ed. $ XI. In April, 1746, the governour informed the as- sembly that admiral Warren requested a reinforcement of troops to be sent to Louisburgh, and that the king had directed to be sent to the colony, a skilful engineer, to assist in repairing our fortifications, erecting batte- ries, and building forts upon the frontiers, under the di- rection of the governour, for the time being ; and that the said engineer should be allowed twenty shillinge per diem, for his services : That captain Collins, from History of New-York. 485 Virginia, was making the best of his way for Cape Bre- ton, with the transports under his convoy, and that lie could not lose time to stop at New- York to take the Ruby under his care ; but that this ship might remain till she could sal! under convoy, or until further orders^ The governour urged the house to employ a privateer to convey forces to Louisburgh, as there was reason to apprehend an attack from the French. The assembly having maturely considered the message of his excel- lency, were of opinion, that as the colony was very miK'h exposed, and most liable to the attempts of the enemy, no troops could at present be sent out of the colony without greatly endangering her safety. $ XII. The fears of the assembly were not without foundation. It was soon found, [in June] that unless a large force was sent to the frontiers, the French and Indians would be completely masters of the country. Captain Livingston moved that provision should be made for sending four hundred and fifty men, and fifty Indians to the northern frontiers ; and the motion be- ing carried, it was sent to the governour for concur- rence. On the 6th .lune, the governour sent a message to the house, the subject of which, for many months after, almost exclusively occupied its attention, and was deeply interesting to the colony. It was no less than an expedition against Canada, which had been de- termined on by the British ministry, and was to be car- ried into effect by the strength of the English colonies, aided by a naval force from Great Britain. The mes- sage stated that the governour had received a letter from the duke of Newcastle, bearing date the 9th of April preceding, (and which letter had been transmit- ted to him by express from Goyernour Shirley) by 'r:'\ :) I !!!ig lit ;!:"• 4ae History of NenhYork. which his majesty had thought proper to order an ex- pedition against the French settlements in Canada, and that the governours of his majesty's colonies should raise as many men within their respective governments as the shortness of the time would permit. That each company should consist of one hundred men : That tlie troops so to be raised in N. York, New-Jersey, Pennsyl- vania, Maryland and Virginia, shouid be placed under the command of Mr. Gooch, the governour of Virginia, who had been promoted to the rank of a brigadier gene- ral. The governour, in his message, urged the happy con- sequences which would result to his majesty's colonies, and the British interest in general, from the success of such an enterprise, and that he was well assured that the house would co-operate with its usual ardour in support of his majesty's honour and service, and for the advancement of the common cause. The house, with an unanimity seldom before known, addressed the governour in the most loyal manner, evincing the great pleasure with which the message was received. The members, in their answer, assured the governour that their hearts and hands should be unceasingly employ- ed in the great work set before them, and that they would come to such resolutions as should immediately forward the important design : That the whole of their proceedings should be conducted with such unanimity and despatch as would add to the pleasing hopes of a happy success, and prove them fully sensible of their duty, loyalty and gratitude to his majesty ; of the due regard to the ease, welfare and security of those they represented ; and of that just resentment which should animate them in opposing the perfidy and cruelty of thek most dai.gerous enemy. This answer, as may well History of New-York; 487 be supposed, was very agreeable to the governoiir. In his reply he returned the house his most hearty thanks for its becoming loyalty and gratitude to his majesty, and the great satisfaction he had received in witnessing the zeal and resolution of the assembly. Although the heavy debts which had been contracted by the colony, for its defence, were severely felt by the inhabitants, yet the house immediately voted a bounty of six pounds, over and above the king's pay, to each able bodied man who should voluntarily enlist in his majesty's ser- vice on the intended expedition. 6000/. were likewise voted for the immediate purchase of five hundred and seventy-five barrels of pork, three hundred and thirty- Beven barrels of beef, one hundred and eighty thousand weight of brown biscuit, six thousand gallons rum, fourteen hundred and six bushels of Indian corn, the like quantity of peas, twenty thousand weight of ba- con, and twenty-four barrels of rice, for victualling the forces that were, or might be raised, in the colony, for the said expedition. Major Van Home, captain Rich- ards, Dirck Ten Broek, and Mr. John J. Cuyler, were appointed commissioners for procuring the provisions so voted. A bill to prevent the exportation of provi- sions, gunpowder, arms, and all kinds of ammunition and warlike stores, was brought in and passed. A joint committee, of the council and assembly, was appointed to consider of the most speedy and effectual means to be adopted by the colony in forwarding the intended expedition. The governour directed the commission- ers of Indian affairs at Albany, to invite the Indians to a conference on the 20th June, in order to engage them in the war, and recommended them to provide for some additional presents to be made to them at the time. ill ■ r m 488 utory of Netv^York, rr-f- ^" He also told the house that he had wrhten to the governours of the neighbouring colonies, to prc- Tail with them, to join in the expense of engaging the Indians in the war. I'he house resolved, that in their opinion, the neighbouring colonies should bear a pro- portionate part of the expense of provisioning the In- dians employed in the contemplated enterprise. It also declared, that every person who should voluntari- ly enlist into his majesty's service, should be exempt from all arrests for any debt due to any one person, under 20Z. and from being impressed or detached "upon any future service, for the tenn of two years after such enlistment. An additional bounty of 405. and a blan- ket, was voted to be allowed to each of the first thou- sand men who should enlist into the service. A bill for impressing ship carpenters, house carpenters, joiners, sawyers, and their servants, and all other artificers and labourers, for the building of battoes, and also for impressing horses, waggons, and all other things neces- sary for carrying on the expedition against Canada, with the utmost despatch, was proposed and speedily passed into a law. Three hundred men were likewise ordered to be detached from the city and county of Albany, to serve on the expedition against Canada. Nothing could damp the zeal and ardour of the assem- bly in advancing the proposed conquest, and in adding lustre to the British character on this side the Atlantick. Although the inhabitants of the colony groaned under this accumulated weight of glory, which was to immor^^ talize the valor and extend the dominions of his Britan- nick majesty in America ; still, every measure was cheerfully adopted to give full effect to the intended enterprise. The session, which had been protracted by ^^- ■ M . M ^Histoty of New- York* freijuent adjournments, was again closed, by adjourn- ment, on tlie 29th of July, not, however, without an ad- dress, on the part of the assembly^ to his majesty, con- gratulating him on the successes of his troops in Eu- rope over the forces of the French, and the pretender, assuring him of the loyalty and affection of his du- tiful subjects ih the colony of New- York. In the sum- mer of the year 1746, the city of Albany was vbited by a contagious disease, which proved mortal to a great nuniber of its inhabitants. In its appearance and effects it resembled the disease which has been since denom- inated the yellow fever. The Indians then encamped iiear the city, experienced the ill effects of this com- plaint, and many of them became its victims. The governour, who was in Albany, dismissed them from any further attendance, on account of the ravages of the contagion* The disease subsided as the cold weather advanced^ and by winter it bad wholly disappeared. i '4 I pjf ^:V, t >^ ' * «3 ! it! M '^■^^ -^m. •i> {:^^'m .**?',: :..y^jhi *li ^!o: ua %j -1' f^i :ft ■k' 'i 6 I^-- 1 * •«41t. i^i^- MK ^ <^^»tfer.r^ ;#^ '«f«''^-S ■ mu':!^!^-*'" ilk* 1 -. ^, . ^-^^w,. % *T-'fe •1:- HISTORY OF NEW-YORK. PART XIII. •i' "^ V' ■I i'*r'.) ,i j''s:;! It ,• ^^M> ,r"« Including the remainder of the Year 1^46, and part of ; ^v - fAe rear 1747. " -i .1 ». i'jf{;> ■ir*:* .. tl *-> (v § I. Indians pledged to join io the war. § II. Legislature refuse fur- ther supplies ; provisions seized at Albany by order of the gover- nour. § III. Resolutions of the house thereupon. § lY. Gover- nour*s answer ; further resolutions of the house ; prorogation. § Y. Failure of the campaign. § YI.- Difference between the governour and assembly ; governour's address ; disposition of the forces ; re- flection on the people of Albany. § YII. Assembly resent the in-> suit ; insinuate fraud in the goremour in regard to the Indians ; house adjourned. § YIII. Reassembled ; r^use to provide for the pay of the troops, insistiog that furnishii^ t^eir provisions was sufficient governour resorts to frequent adjourdments in order to fatigue the house ; the attempt ineffectual. § IX. Assembly importuned to jolA Massachusetts and Connecticut ; its resolutions thereupon ; proceed- ings of the house. § X. Dispute with regard to the four companies . at Albany, &c. assembly retiise to supply them ; garrisons at Oswe.' go and Saratoga. .> ^ H ^f4 M ' : 4 ^ -Xi On the 14th day of October, 1746, the general as* sembly was again convened. Owing to the indisposi- tion of the governour, he could not attend the house in person to open the session. He requested the speak- er to lay before the house the speech be had prepared ; III I 1' i !|.^— ^ 492 tn^ History of New- York, vhich, after a declaration on the part of the house that *• the proceeding was unparliamentary, he was pernnitted to do. In, this speech the governour informed the bouse that the Six Nations, and the neighbouring In- <|ians, whom he had met at Albany, in the preceding July, had, in the most solemn manner, pledged them- selves to take a part in the war against the enemy ; That Mr* Gooch, the governour of Virginia, had decline ed accepting the command of the proposed expedition against Canada : That a fleet had been seen off Nova Scotia, which was suspected to be the enemy's Brest squadron : He recommended the raising of further supplies for the management of the Indian affairs, and concluded by exhorting the house to unanimity and des- patch. Before the house took the governour's speech into consideration, its attention was called to the disor- dered state of the publick finances. Mr. Clarkson, accord- ing to leave, brought in a bill for appointing commis- sioners to examine, and state the publick accounts of the colony from the year 1713. After which 6500/. were voted for victualling the troops destined for the expedition against Canada, during the time they should remain in winter quarters at Albany, and 200/. more were allowed for the expense of transporting provisions to that place. $ II. The house also resolyed that no further provi- sion should be made for the detachments of militia sent from the several counties to Albany, in Ma^ and June, than what had already beeq allowed for that purpose. It was now evident, from the temper of the house, that the governour was not at present to expect any fuilher extraordinary supplies for carrying on the war. Besides^ ^ controyersy arose, during this session, which widened _-*♦■* -^i I. t r i History of New- York. 4d3 the breach between the governour and the legislature, and was productive of serious inconvenience to the war- like operations then about to be continued. A com- plaint was made to the house by Cornelius Van Home and Paul Richards, esquires, the commissioners appoint- ed to purchase provisions for the forces raised by the colony on the expedition against Canada, relative to certain provisions which had been forcibly seized and taken under authority from his excellency. Upon the investigation, it appeared that the houses of John J« Cuyler and Dirck Ten Broeck, esquires, (the commis- sioners at Albany) had been broken open by Henry Holland, esq. and a large quantity of provisions taken away. That this act of violence had been committed in consequence of a refusal, by the last named commis- sioners, to supply four independent companies of fusi- leers from the publick stores, as the commissioners deemed the demand irregular and not warranted by the act under which they were appointed : That the gover- nour had thereupon ordered the said prcM^isions to be seized for the use of the four companies. $ III. This conduct on the part of the governour, in- flamed the house to such a degree, that it came to the following resolutions : , <* Hesolved, I'hat it is the opinion of this house, that his excellency was ill advised in granting the warrant for issuing provisions, for the four independent compa- nies of fusileers. -, ** Resolved, That the commissioners for issuing the provisions at Albany, to the troops levied in this colo- ny, on the expedition against Canada, in refusing to de- liver any of the said provisions, ibr the said four inde* f 494 Btsibr^ of NenhTork: pendent companies, did their duty, and acted agreeable to the law, which intrusted them with the issuing thereof. " Resolved, That the order issued by colonel John Roberts, to Henry Holland, esquire, for impressing provisions from the commissioners at Albany, appoint- ed by an act of this colony, for issuing the sai4 provi- sions, is arbitrary and illegal. " Resolved, That colonel John Roberts, having issued an order to Henry Holland, esquire, for impressing provisions from tiic commissioners at Albany, appoint- ed by an act of this colony, has therein acted arbitrari- ly and illegally, and is guilty of a high misdemea- nour. " Resolved, That tlie breaking open the store-house tit Albany, where part of the provisions designed for Uie forces, raised by this colony, on thb expedition against Canada, were lodged, and forcibly seizing and taking away the said provisions, is arbitrary, illegal, and a manifest violation of the rights and liberties of the subjectv " Resolved, That Henry Holland, esquii«, having broke open the said store at Albany, where the pro- visions inlended for the forces, raised by this colony, on the expedition against Canada, were lodged, and forcibly seizing and taking away the same contrary to law, is guilty of a high crime and misdemeanour. ^ " Resolved, That any person in authority, using threats to influence any officer appointed by law, to act contrary to their duty, is illegal and a high misdemea- nour. ** Resolved, That Cadwallader Colden, esquire, one of his majesty's council, having threatened the aforesaid commissioners for issuing the provisions at Albany, that Historj/ of NenhYorh 4d^ \iv if lliey would not undertake to transport the said pro- visions along ivith the army, the provisions should be taken from thejcn, and other commissioners appointed in their stead ; has acted illegally, and is guilty of a liigh misdemeanour. >:■ ** Resolvedy That it is the opinion of this house, that it will be in vain for this house to furnish provisions for subsisting the forces, raised by this colony, on (he ex- pedition against Canada, until proper assurances be given, that an effectual stop shall be put to such pro^ ceedings. " Ordered^ That Mr. Cruger and Mr. Nicoll, wait up- on his excellency with these resolutions, and desire that he will be pleased to order his majesty's attorney-gene- ral to prosecute the aforesaid delinquents." » These resolutions are given to shew the firmness and undaunted spirit of the assembly, rather than to jus** tify the conduct of the commissioners or of the house. The dispute seemed more to involve a point of eti- quette, relative to official rights, than a question which- concerned the essential interests of the colony. The four companies were undoubtedly a part of the troops necessary to carry on the war, and though the act of the governour might have been precipitate, yet it was certainly well intended and calculated to promote the publick service. But the truth was, the governour had tciken into confidence Mr. Golden, and some others^ who were particularly obnoxious to the assembly. Any measure wliiih could have a bearing upon either of Diem, was as(reeable to the house, and was adopted with eagerness and vigour^ i IV, The governour*9 answer was moderate and re- eptictfuU He statiiU tlie causes which had induced hlia jp A 496 iBstorjf of Nttv-York. to direct the seizure of the provisions in question : Hd explained the difficulties which liad arisen during the campaign, and that a council of wdr had been called^ who advised the proceedings complained of. The asseit- bly, however, was not yei appeased. It resolved, " That the answet returned by liis excellency, to the resolu- tions of this house, of the 8th inst. is in no riespect sa* tisfactory ; and that this house cannot, in faithfulness to the people they represent, pass any bill for a fur- ther allowance for provisions, for the forces raised on the expedition against Canada, whilst the notorious abuses committed in such as have been already provid- ed, are openly avowed and encouraged. That whoever advised his excellency to return such an answer, have endeavoured to create jealousies and dissensions among the several branchea of tlie legislature ; have encour- aged a manifest breach of the laws of this colony, and are enemies to the constitution thereof — ^That as soon as proper assurances shall be given, that the abuses committed in respect to the provisions already furnished for the subsistence of the forces, raised on the expedi- against Canada, shall be effectually prevented, this house will cheerfully pass a bill for a ftirtb^r ample allow- ance for the subsistence of the said forces ; and that un- til such assurances be given, this house cannot, in jus- tice to the people they represent, proceed upon any business whatsoever." i The governoiir again endeavoured to conciliate the house. In his message, he regretted that his answer to the resolutions of the house was not satisfactory. He assured the house that all possible care should be taken of the provisions winch had been seized ; that an exact account thereof should be laid before the apsembly. History of New- York* V ^ 497 That body seemed, at length, to be paciiiedi The bill for making further provision for victualling his majesty's troopsi and for other publick services, was passed, and received the assent of the governoun The house was shortly after prorogued to the 24th March, 1747. The expedition against Canada, it will be per- ceived, had not yet met with the success that had been anticipated. Many causes had united in obstructing tlie attainment of this object. Much time had been consumed in gaining over the Indians, and raising sup- plies and men. The colonies had not combined their forces ; the British fleet had not arrived in season ; and much jealousy prevailed between the provincial governments in relation to the manner of conducting the enterprise, and of defraying its expense. The go- vernour was so sensible of these difficulties, that in his address to the assembly, in March, 1747, he complain- ed of the loss of the campaign, and ascribed it princi- pally to the above mentioned causes ; yet that he en- tertained hopes from the arrangements that had been made, that the ensuing campaign would prove more successful. He stated that two forts were to be built at the carrying place,* near Crownpoint, for the secu^ rity of the magazines and stores, and of the fron- tiers ; and transmitted to the house a computation of the expense for making an attack on Crownpoint. ^ VI. The assembly and the governour again differed on some subordinate questions concerning the new levies, and the employment of troops to scour and range the woods in the county of Albany. This differ- ence produced a long and animated discussion, and a minute detail of the operations of the government for * From tbe N. endof lakeCeoi|p! to the W.cnd of )«keCh«iipl«i«>, ©3 I i ■(« 498 :r V History of Nerv^York, the preceding year. The governour stated that the at* lowance of one shilling a day, for such of the new le- vies in Albany county as were to scour the woods, was not a sufficient compensation for that service ; and that the assertion that those levies had been unemployed, though paid by the colony, wai incorrect. That, in feet, pailies of Indians had been sent as far as Crown- point and Sacrament lake,* for intelligence ; and part of the new levies, under captains Langdon and Tiebout, had been sent out to intercept the enemy : That an- other portion of the new levies had been employed in ranging the woods ; and a third had been stationed in such positions as were best calculated for the security of the frontiers : That orders had been given to fortify a camp of five hundred men at or near the carrying place, and a company of the new levies had been plac- ed at the Mohawks* castle ;t and another between that and Schenectady ; two companies at Schenectady ; three companies at Cannestagayune ;t four at Halfmoon ; two at Schaghticoke ; and three companies, besides de- tiuhments, at Saratoga. So that there were garrisons^ of the new levies, in a line, from east to west, across i\\e northern frontiers ; while the rest of the forces were kept inland roUnd the city of Albany, on both sides of the river : That he was sensible that some other places ought to have been secured, by erecting small fortSy but tliat the refusal of the assembly to provide for the expense, be.si■_ # Mslory of New- York, 4dd •li sent colonel Roberts to governour Shirley, to consult and concert measures for the defence of the colonies, and the expedition against Canada ; and that some of the neighbouring colonies had appeared willing to con- tribute a share towards the expense : That the assem- bly had shewn him personal disrespect, thereby con- temning the power from which his authority had flow- ed : That it was well known that the richest and prin- cipal men in Albany did not wish well to the success of any expedition against Canada, on account of the advantage they gained by a trade with that country, and especially during a state of war : That the principal difficulty in gaining over the Indians, arose from the great influence those men possessed over that people : That they were like popish emissaries in the colony, who wei-e secretly spreading discontent and discord among the inhabitants, of which the late negro plot was a sufficient proof. He exhorted the house to make every preparation for opposing the enemy, who, it was said, had a powerful fleet at sea, destined for America. He concluded with assurances of uniting in every mea- sure for the publick good, and the defence of the colony, $ VII. The assembly were in a great ferment at re^ ceiving a speech which charged the inhabitants of one of its principal cities with disaflection, and the house it- self with a most culpable neglect in providing for the defence of the colony. The members from Albany were violent in their declamations, and unreservedly denounced the governour as being under an influence unworthy of himself and of the colony. An answer was speedily voted ; the style of which was sarcastick and severe. It was couched in language apparently respect- ful, but was, in truth, highly bitter and reproachful. I ^1 55 M ^ History of ^ew-York^ In the conclusion, it insinuated that the gorernour had been guilty of gross and palpable frauds and pecula- tions in respect to Indian affairs. This part of the an-' swer ought not to be omitted, as it is a specimen of the boldest language ever addressed to the executive of a country wholly independent of, and superiour to the legislature. It is as follows : ^ " Though common reports not founded in truth, and Innuendos and insinuations, that men of this complex^ ion -deal out so liberally, to answer their mischievous purposes, are little to be regarded with men of sense ; yet we were in hopes it had reached your excellency's ear ere now, that it has been currently reported, ever since your excellency's return from the Indian treaty at Albany, in the year 1745, that the goods given by your excellency as presents to the Six Nations that year, did not amount, in value, to one third part of the sum, allowed by the assembly, and that this computation was formed by persons present, from the quantity of goods given them at the same time, on behalf of a neighbour- ing government, which appeared larger than what was given by your excellency, yet the cost of the former did not amount to three hundi-ed pounds ; that it has also been rumoured, that the French and Spanish prisoners imported in prizes, brought to this city, have, by some persons, under colour of your excellency's authority, been disposed of, from time to time, to the owners- or commanders of flags of truce, at the rate of several pistoles a head ; these are reports which reflect so much upon your excellency's administratis:*, that we should have remained uneasy, without giving your excellency the occasion of vindicating your own honour ; either by ]»ringing the delinquents to justice, if any there be, that ( V* History of New- York. 501 bare so perfidiously abused your excellency's trust, or punishing the authors of so shameful a scandal. " And now we hope we have evinced, that we are not only careful of our own honour and interest, but yow excellent cy^s too ; at a season, when, with real concern, we find the colony in great danger of being involved in the ut- most difficulties from the common enemy without, and divisions within, from the present posture and conduct of its affairs ; when the seeds of dissention are, as it •were, aulhentically scattered and industriously propa- gated, through the artifices of a designing man who has private views ; for though they have hitherto been pro- videntially blasted, we fear they may at length spring up, and bear a great increase, which God forbid." We shall not pursue this answer any further, it being sufficient to remark, that it denied the charge made by the governour, that the assembly had not provided for the defence of the colony ; and to ^uppoil this denial, it recapitulated the various supplies which had, from time to time, been granted. It sneered at the charge that had been made against the inhabitants of the city of Albany, and roundly asserted that the governour was under the influence of a pei-son who was ob- lioxious to the colony, and who had, by his misman- agement, occasioned difficulties with the Indians, and disturbed the harmony between the different branches of the government. The governour was so highly in- censed that he immediately adjourned the assembly, declaring that he would lay before his majesty and min- isters this proceeding of the house. The state of the colony, however, and the necessity of raising supplies, would not permit of a long adjournment* ,., , , *■ 502 History o) NenhYork, . :,^ VIII. The house was 'reassembled in a few days, when the governour informed it that he bad already I, engaged his own private fortune for his majesty's ser- vice, and that nine thousand pounds, which he had re> ceived on bills which he had drawn on England, had been expended in the payment of the new levies. He insisted that the house should indemnify him against these advances. The assembly resolved that it did not appear to be his majesty's intention that the colony should contribute any monies toward the pay of the forces raised for the expedition against Canada ; and ^ that it was the duty of the colony to supply those for- ■} ces with provisions only ; and concluding, nemine con- tradicente, ** That if the safety of the people of this col- ony, in their lives and estates, shoiVl be endangered by the forces not being paid ; his excellency will only be to blame, as it is altogether in his power to provide against the evils which are threatened, and which may be so easily prevented, by his excellency's discharging the duty which he owes to liis majesty." The gover- . nour was now determined to fatigue the house into compliance by frequent adjournments ; an expedient which seldom failed of producing effects directly the reverse from what was intended. His excellency ad- journed the house from the dth of June to the 15th ; from that day to the 7th of July ; then to the 14th ; then to the 21st; then to the 30th ; then to August 4th. $ IX. On that day he informed the house that he had ': received a letter from governour Shirley, by express, informing him that it was thought necessary to deter- mine upon some plan for forming a junction between , the forces now in, the province of New- York, with those of Massachusetts and Connecticut ; that the whole ex- ■# t History of New- York. 50^. pense, exclusive of provisions, for carrying this plan in- to effect, was computed at fourteen thousand pounds ; and recommending the assembly to provide for a por- tion of the expense. The house was not satisfied with this recommendation, without i t being informed what Massachusetts and Connecticut intended to contribute towards this burden. It resolved, " That it would come to any well concerted scheme, in conjunction with the neighbouring colonies, for annoying the com- mon enemy ; and cheerfully contribute its just propor- tion of any sums of money (consistent with the circum- stances of the colony) which it should judge necessary for caiTying such scheme into execution : That it did not appear what sums of money had been already ad- vanced by the governments of the Massachusetts Bay, and Connecticut, to engage the Six Nations of Indians in their zeal for continuing their incursions, and joining in any enterprise against the enemy ; but that the house were fully persuaded, that this colony had alrea- dy contributed much larger sums of money, for secur- ing those nations in his majesty's interest, than both the provinces of Massachusetts Bay and Connecticut put together ; and that his excellency best knew how those sums had been applied : That whatever expense the government of the Massachusetts Bay, Connecticut and New-York, should find necessary to take upon them- selves, for carrying any well concerted scheme into eX" ecution, for annoying the common enemy, this colony ought not to pay more than one third part thereof ; which it would always cheerfully contribute : And fur- ther, that the governments to the westward, ought to bear a share of all such expense ; and that it should be tLu;!!! a lessening of the contribution of the colonies of I >i 1' 504 History of New-York, the Massachusetts Bay, Connecticut; and New-York^ according to the aforesaid proportion.*^ $ X. The governour, a few days after, sent a mes- sage to the assembly, declaring that he could no long- er continue the expense, at the charge of the crown, for supplying the four companies of fusileers, at Albany, and the levies made in the other colonies, for the inva- sion of Canada, nor the expense of preserving the friend- ship of the Indians, and sending out parties of that peo- ple to annoy the enemy, and to gain intelligence of their movements. He urged the house to maice provi- sion for those expenses, and for relieving the garrisons at Oswego and Saratoga. He informed it also that a considerable body of the French, and their Indians, had been seen between Saratoga and Crownpoint, and that troops had been despatched in pursuit of them. The assembly refused to furnish provisions for the four companies at Albany, alledging that their pay was suf- ficient for the purpose, and that they had always sub- sisted ^thereon, unless wbfin placed in remote garrisons. It likewise refused to furnish the troops of the other colonies with provisions, as being highly unreasonable and unjust : That the crown ought to be at the ex- pense of securing the friendship of the Indians, espe- cially at this juncture, when the burdens imposed on the colony, by reason of the war, were almost intole- rable. It voted further, that as the crown had hitherto defrayed the expense of the garrison at Saratoga, it saw no reason for transferring that duty to the colony ; and that the allowance already made to ihe* garrison at Os- wego was sufficient. It resolved, " That provision be made for the pay and subsistence of one hun- j^'ed and fifty effective men, officers included, to *«k_ JSistory yem-tbrk. range and scour the wooi s in the county of AXimnj, for the space of fifty days, tor the \, otecti x of th» in- habitants of the said county, against the sk king p- .ties of the enemy ; that they be divided into iree w.aipa- nies of fifty men eachj viz. for the city of Albany, one company ; for the township of Schenectady, one com- pany ; and for the township of Kinderhook, one com- pany ; and that their pay be at the following rates, viz^ for three captains, six shillings per diem, each ; for three lieutenants, four shillings per diem, each; andl for one hundred and forty-four private men, two sbil* lings and six pence per diern^ each*" f: ! 5 "^ , U i*> ^506 Htstory of Neiv-Yorlc, *' CONCLUSION. r^K.:.' *i.. J HE limits of this volume will not permit a continua- tion of our. history to the present time, upon the plan ivhich has been adopted. At some future day the chasm will be supplied in a manner worthy of the sub- ject. Upwards of one hundred pages have been occu- pied in giving a view of the most prominent facts which have occurred during the short space of fifteen years, (from 1732 to 1747.) The subsequent period becomes still more interesting, the history of which will require another volume to complete. To do jus- lice to the period of which we have treated, less could hardly have been said, and more, perhaps, may have been expected. The following presents the names of the goverqours and lieutenant governours of the colony and stale of New- York, to the year 1814. Ccionial Governours and Lieutenant Governours, George Clinton, governour, October 10, 1753. Danvers Osborn, 1753 ; took his seat at the council board, October 10, and died on the 12th. Jaipes De Lancey, lieutenant governour, 1753. Sir (harles Hardy, September 20, 1755. Jame^ De Lancey, lieutenant governour, June 3d, 1757. Cadwallader Colden, president of the council, 1760 ; appointed lieutenant governour, August 19, 1761. Robert Monckton, governour, June 25, 1762. ^^ Cadwallader Colden, lieutenant governour, Septem- |)€rl4, 1763. * ^ t History of New- York. 507 In le Henry Moore, govemour, November 29, 1765. - Cadwallader Colden, lieutenant govemour, Septem- ber 29, 1769. John Earl of Dunmore, govemour, October 31, 1770. William Tryon, govemour, August 7, 1771. Cadwallader Colden, lieutenant governour, (acted) April 16, 1774. William Tryon, govemour, June 28, 1775. StaU Governours, George Clinton, 1777. John Jay, 1795. George Clinton, 1801. ' Morgan Lewis, 1804. . , J)aniel D. Tompkins, 1807. ; Ibid, 1814. i •<':». '"In the following table the first cplumn of figures represents the pages of the quarto edition of Smith's history, referred to in the Revised Laws of New-York, and the second the corresponding pages in thi» edition* Quarto edit. p. 22, see octavo edtitioD page 48. 31 31 34 75 76 98 103 245 J 253 in Qotis, in notis, 60. 61. 64. 127. 127. 161. 169« 374; 385.. » -« 509 NOTES. ^ SUGAR COLONIES. The act brouj^ht into parliament reladng to the stigar colooies proposed restrictioos upon the American colouial trade, and encouragements to the West India commerce. We intend- ed to have given a detail of its particular provisions, but more impoiv tant matter Mng crouded upon our attention, we have thought proper to omit it. ** '''■^'' •"■" ^ NOTE A. This complairtt of the Indians charged the corporation of Albany with having obtained from them a deed, by fraud, of certain lands at Fort Hunter. This charge appeared to be ill founded. The lands were already included in the charter of Albany, and rendered any further conv^auce unnecessary. NOTE B. The following particulars, relative to Zfenger, are extracted from ^Thomas* History of Printing s At the next term of the supreme court, the grand jury found the pre- sentment against Zenger ignoramus. The attoruey general was tlien di- TCcted to file an InformaJtion against him for printing the said libels, and he remained in prison till another term. His counsel offered exceptions to the commissions of the judges, and prayed to have them filed. The wdges would not allow, nr even hear the exceptions, and tliey excluded Zenger*8 counsel, Mr. Alrxander and Mr. Smith, from the b&r. Zei ger obtained other counsel, viz. John Chambers, of New- York, and Andrew Hamilton, of Pliiladelphia. Mr. Hamilton made the journey from Phi- ladelphia to New-ToriL for the sole purpose of n De the veral oilier times since (as is suspected) by some wickrd and detest- al>le ai 3, commonly called witchcrait and ?orcery, iraliciousiy and feloni(vjsly practii-t; and exercise u|)on the bodies ortiiorge Wood and an infant child of Ann Rogers; by which said arts the said George Wood, and the inlant child (as is snspected) most danger- ously and mortally fell sick and languished unto death. Kalph liall, what dost llinu say lor thyself— art thou guilty or not guilty ? Mary, the wife of Ralph Hall, was called upon in like manner. They both pleaded not guilty, and threw themselves to be tried by God and the country. Whereupon their case was referred to the jury, who brought into the court this following verdict, viz. We hnvinc severally consit^erod the case commilted to our charge aj:ainst the prisoners at the bar, and having well wriglicd the evi- dence, we find that there are some suspicions by the evidence of what the woman is chnrq;r