A^ 0%ii IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I I^|2j8 112.5 |5o "^^ MHH mm — IIS lU u I. ^ 18 Photographic Sciences Corporation /. ^ My ^ ^^4^ 1.25 ,|, .4 ,.6 ^ 6" ► 23 WEST MAIN STREET WEBSTER, N.Y. 14S80 (716) 872-4503 M % CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques ^ :\ \ M >> Technical and Bibliographic Notas/Notas tachniquas at bibliographiquas Tha Instituta has attamptad to obtain tha bast original copy availabia for filming. Faaturas of this copy which may ba bibliographically uniqua. which may altar any of tha imagas in tha reproduction, or which may significantly change tha usijal method of filming, are checked below. n Coloured covers/ Couverture de couleur I I Covers damaged/ D D D D D D D D d Couverture endommagAe Covers restored and/or laminated/ Couverture restaur^ at/ou palliculAe Cover title missing/ Le titre de couverture manque Coloured maps/ Cartas giographiquas en couleur Coloured Ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Bound with other material/ Relii avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ La re iiura serr6e paut causer de I'ombre ou de la distortion le long de la marge intirieure Blank leaves added during restoration may appear within tha text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajoutias lors d'une restauration apparaissent dans la texte, mais, lorsque cala itatt possible, ces pages n'ont paa 6ti filmAes. L'Institut a microfilm^ la meillaur exemplaire qu'il lui a iti possible de se procurer. Las details de cet exemplaire qui sont peut-Atre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la m6thode normale de filmage sont indiqu6s ci-dessous. r~~~| Coloured pages/ Pages de couleur Pages damaged/ Pages endommagias D Pages restored and/or laminated/ Pages restaurias et/ou pelliculdes I Y Pages discoloured, stained or foxed/ Ull Pages dicoiordes, tacheties ou piquies □ Pages detached/ Pages d6tach6es r~^ Showthrough/ I — I Transparence □ Quality of print varies/ Quality inigale de ('impression □ Includes supplementary material/ Comprend du material supplimentaire D D Only edition available/ SeuEe Edition disponible Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Les pages totalement ou partieliemant obscurcies par un feuillet d'errata, una pelure, etc., ont iti filmies d nouveau de fa^on i obtenir la meilleure image possible. Tl to Tl P< o fil O b( th sii ot fir si or Th sh Tl wi M di en| be rig re« m( ^- ■^ Additional comments:/ Commentaires supplAmantaires; Wrinkled pages may film slightly out of focus. This item is filmed at the reduction ratio checked below/ Ce document est film6 au taux de reduction indiqui ci-dessous. 10X 14X 22X 28X 30X J 1 1 12X 16X aox 24X 28X 32X 'e dtails IS du modifier >r une Image The copy ffilmad hare hat been reproduced thanka to the generoaity of: Library of the Public Archives of Canada The images appearing here are the best quality possible considering the condition and legibility of the original copy and in Iceeping with the filming contract specifications. Original copies in printed paper covera are filmed beginning with the front cover and ending on the last page with a printed or iilustrated Impres- sion, or the bacic cover when appropriate. All other original copies are filmed beginning on the first page with a printed or iilustrated impres- sion, and ending on the last page with a printed or iilustrated Impression. The last recorded frame on each microfiche shall contain the symbol —»>( meaning "CON- TINUED"), or the symbol y (meaning "END"), whichever applies. Maps, platr^s, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as r?any frames as required. The following diagrams illustrate the method: L'exemplaire film* fut reproduit grAce A la gAnArosit* de: La bibliothdque des Archives publiques du Canada Las images suivantes ont 6t6 reproduites avac le plus grand soin, compta tenu de la condition at de la nettet* de l'exemplaire f ilm«, et en conformity avec les conditions du contrat de fiimage. Les exempiaires originaux dont la couverture en papier est imprlmte sont fiim6s en commengant par le premier plat et en terminant soit par la darnlAre page qui comporte une empreinte d'impression ou d'iilustration, soit par le second plat, selon le cas. Tous les autres exempiaires originaux sont film6s en commenpant par la premiAre page qui comporte une empreinte d'impression ou d'iliustration et en terminant par ia dernlAre page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la derni6re image de cheque microfiche, seion le cas: le symbols — ► signifie "A SUIVRE", le symbols y signifie "FIN". Les cartes, planches, tableaux, etc., peuvent dtre filmfo A des taux de reduction diff^rents. Lorsque le document est trop grand pour fttre reproduit en un seui clich6, 11 est film* d partir de I'angle sup6rieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images n6cessaire. Les diagrammes suivants illustrent la mithode. irrata to pelure, n i □ 32X 1 2 3 1 2 3 4 5 6 V ^'V i\\ HISTORY OP NEW-YORK. u THE HISTORY OF THE LATE PROVINCE OP NEW-YORK, *1 FROM ITS DISCOVERY, TO TUB APPOINTMENT OF GOVERNOR GOLDEN, IN 1762. BY THE HON. WILLIAM SMITH, Formerly of New-York, and late Chief Justice of Lower Canmlii. VOL. I. — 9(0&— \K1^ -A ORK : PUBLiSaEO UNDER TUB DIHECTION OF XIIE NEW-lMKK HJSTORirAI fiOrTHTV. ^ Oi III fail. Prill', IS'2!). a- . '._S>''<«*!h'* ■■„•<■''.*_■ ■ r SOUTHERN DISTRICT OF NEW- YORK, u. Bg it remembered, That on the 7tii day of November, A. D. 183U, in the S4th year of the (nilependence of the United Statea of America, JOHN DELAFIELD, of the said District, hath depoaited In this office the title of a book, C\o right whereof he clainia aa proprietor in the wordd following, to wit : " The History efthe Province of Mhe-York, from ii» diteoviry to the appointment of Go- vernor Colden, in 1763. By the honourable William Smi'tA, formerly of AVw York, and late Chief Jitttiee of Lover Canada. Fubliiked under the direction of the Kev- York tli$t»rieat Society. In conformity to the Act of Conorew of the United Statet, entitled " An act for the en- couragement of Learning, by securing the copies of Maps, Charts, and Books, to the author* and proprieton of such copies, during the times 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 auch copies, during the times therein mentioned, and extending thebenelits thereof to the art* of designing, engraving, and «tcUing historical and other prints." FRED. J. BETTS, Clerk of the Southern District of AVio- York. .^• g^- .^fi^ii^l^^ ii»*->P#«iM.<-~' -*ia^ *M.»Jrjitg A i. . .... j i^ satj "♦»«;■» ) I NOTICE. The present voliunes, now for the first time associated, contain the History of the State of New-York fiom its first discovery to the year 1762, by the late William Smith, for- merly Chief Justice of Canada, with the author's last altera- tions and additions from the original manuscripts. On a production, a part of which has been so long before the public, and so highly appreciated, it is scarcely necessary to make any commentary. It is sufficient to observe, that had the Historical Society rendered no other service to the commu- nity than the publication of these volumes, this alone would have justified the bounty of the Legislature. But they trust that their other labours are appreciated, and hope the public will see, in these efforts, a design to fulfil the obligations to which the Society is pledged, and to enhance the character of the great State of which they are members. The Continuation of the History will be found not inferior in interest or execution to the part so well known. It treats of the period between the years 1736 and 1762. The father of the historian was a conspicuous actor in these times, and the Chief Justice had the most ample means of information. The Biographical Memoir furnished by his son, the Hon. William Smithf of Canada, though brief, will be perused witli pleasure by all who feel an interest in the circumstances of one of the most prominent public men of his day. Here is a striking coincidence in several respects, between the proposi- tion of Smith for the government of the colonies and that of Dr. Franklin, made in the year 1754. At this early date the question of union was decided almost unanimously : the i*everal committees appointed by the respective States having -,. / S ff'l 'I J» k { ^r VI icportcd llicieon, tho plan of Franklin was prel'erred, and with a few amendments wns reported. By this plan tiio general government was to he administered hy a president general appointed and supported hy the crown; and a grand council to be chosen by the representatives of the people, of the several colonies met in their respective assemblies. The author's geographical description of the early state of the colony of New- York, which originally appeared in the quarto edition of his history, is in this edition embraced as an appendix to volume first. The State of New-York, while she does justice to her great natural resources, ought not to be indiflerent to her own fame, oi the reputation of her distinguished sons. These are her property, not less valuable or productive than the tolls on her canals. By making known meritorious exertions, we point out the way to farther efforts, and excite the spirit of emulation. In the present condition of affairs, this is best done by institutions like our own ; individual attempts are for the most part lost and ineffectual. During the period embraced in the narrative of Smith, this State was for a long time the chief seat of war, and on its borders was settled the title to a great part of North America. Exposed to the incursions and depredations of hostile powers, its prosperity was checked and its high destiny deferred. We are now a united people, and, under the benign influence of republican institutions, its rank is the first in the confederation. May her example shed a salutary influence over her sister States, and may those to whom her fortunes are confided, continue to act worthy of her and of themselves. JOHN W. FRANCIS, ) CommiUcc JOHN DELAFIELD, } of DAVID HOSACK. ) Publkafiou. City of ^Teic-York, JS'ov. 16, 1829. I t % It ' ■'■-^'^«-«,,J« A^i CONTENTe?. PART I. rAOt. From theDiBCOvery of the Colony to the Surrender in 1664, 1 PART II. From tho Surrender in 1664, to tho Sottlomont at the Revolution, 35 PART III. From tho Revolution to the second Expedition against Canada, 109 PART IV. From tho Canada Expedition in 1709, to tho arrival of Governor Bumeti 19' PART V. From the year 1720, to the commencement of the administration of Colonel Cosby, 247 APPENDIX. Chap. I.— A Geographical Dosciiption of the Country, 295 Chap, n.— Of tho Inhabitants, 323 Chap. III.— Of our Trade, 330 Chap. IV.— Of our Religious State, ..330 Chap.V.— ThePoUUcalSUto, 350 Chap. VI.— Of our Laws and Courts, 367 .,^^1 i,j> !- A I f i \ ■ { i t ,1 i MEMOIR OF THE HONOURABLE WILLIAM SMITH, WRITTEN BY HIS SON. I William Smith was born at Now- York, on the 25th of June, 1728. His father, a lawyer of emi- nence in that province, became a member of his majesty's council, and was afterwards appointed judge of the court of King's Bench. Judge Smith left many children, the eldest of whom is the sub- ject of this memoir. Mr. Smith was thus descended from a respectable family in the province, and his father perceiving he evinced considerable talent in his youth, sent him early to a grammar school at New- York. At school he was an extraordinary proficient ; and when suffi- ciently instructed, was sent to Yale College, at New Haven, in Connecticut, where he distinguished him- self so much by his learning and assiduity, that he obtained the degree of A. M. at a very early age. He was well acquainted with the ancient writers, particularly with the Greek Philosophers, whose history he read in their native language ; while he understood sufficient of the Hebrew to become familiar with many things in Rabbinical learning. He made the study of divinity a chief pursuit ; and those who read what he had written on this important / \. MEMOIR OF THE AUTHOR. subject, were astonished at his knowledge of the scriptures ; while to many it appeared incredible, that one man should have acquired in a few years such variety of knowledge in matters unconnected with his immediate avocations. He had great readiness in arithmetic, was an ex- cellent mathematician, and in medicine was so well informed, that several eminent physicians of his na- tive state have declared, that in answer to several questions propounded to him on this science, he had discovered great judgment, as well as minute know- ledge : indeed he understood almost as much of the general principles of the healing art, as speculation without practice could enable him. He was a devout christian, a sincere protestant, and tolerant and just to those from whom he differed most. He used constantly to worship God in his family, performing its duties always himself. Having spent several years at college, Mr. Smith repaired to his native city, where he studied law ; and after being called to the bar, he entered into a very extensive practice : he was above the mean appetite of loving money, for if he saw a cause was unjust, he would state that it was so, and if the litigant par- ties persisted in their respective views, he would de- sire them to seek another counsellor : if he found the cause doubtful, he always advised his client to com- promise; when differences were referred to him, which he settled, he would receive no reward, though offered it by both parties, considering himself in these cases as a judge ; observing, that " a judge ought to take no money." He was an eloquent speaker, remarkable for the soundness of his law opinions', "--m^. -\ MEMOIR OP THE AUTHOK. XI. lie of Genoa ; then to John II. of Portugal, and afterwards to our Kin^r, Henry VH- ; but this disagrees with Lord Bacon's account, who informs us, that Chris- topher Columbus sailed before his brother Bartliolomew had laid the project before the king, which was owing to his falling into the hands of pirates on his way to England. VOL. I. — 1 Iir,^'*^ ; .» 9 UIHTORY OF NBW-YORK. south Virginia patent. To Sir Thomas Gates, and others, leave was given to begin a plantation, at any place on the continent they should think con- venient, between the thirty-fourth and forty-first degrees of latitude ; and all the lands extending fifly miles, on each side, along the coast, one hundred miles into the country, and all the islands within one hundred miles opposite to their plantations, were granted in fee, to be called the First Colony. By the same patent, a like quantity was granted to Thomas Henham, Esquire, and others, for a plan- tation between thirty-eight and forty-five degrees of latitude, under the name of the Second Colony. The first began a settlement in the great bay (Chesapeak) in 1607. The latter was planted at Plymouth, in New-England, 1620. Henry Hudson, an Englishman, according to our authors, 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 Delaware bay, he came hither, and penetrated Hudson's river as far north as the latitude of forty-three degrees. It is said, however, that there was a sale, and that the English objected to it, though they for some time neglected to oppose the Dutch settlement of the country. In 1610, Hudson sailed again from Holland to * Sec Note A. HISTORY OF iNEW-YORK. this country, called by the Dutch New- Netherlands ; and four years afler, the States General granted a patent to sundry merchants, for an exclusive trade on the North River, who, in 1614, built a fort on the west side, near Albany, which was first commanded by Henry Christiaens. Captain Argal was sent out by Sir Thomas Dale, governor of Virginia, in the same year, to dispossess the French of the two 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 resist him, prudently submitted for the present to the king of England, and under him to the governor of Virginia. The very next year, they erected a fort on the south-west point of the island of Manhattans, and two others in 1623 ; one called Good-Hope, on Con- necticut river, and the other Nassau, on the east side of Delaware bay. The author of the account of New-Netherlandt asserts that the Dutch pur- chased the lands on both 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 Rimertie, to distinguish it from Connecticut river, known among them by the name of Varsche Rivier, which Vanderdonk also claims for the Dutch. Determined upon the settlement of a colony, the States General made a grant of the country, in 1621, 8: 'UJ * Charlevoix places this transaction in 1613. Vol. I. hist, of N. France ii 12nio. p. 210. But Stilli, whom I follow, being a clergyman in Virginia, had greater advantages of knowing the truth than tho French jesnit. + See note B. . (fl MH HISTOHT OF NEW-YORK. to the Woflt-Tndia Company. Wouter Van Twiller, arrived at fort Amsterdam, now New- York, and took upon himself the government, in June, 1629. His style, in the patents granted by him, was thus : " We, director and council, residing in New-Neth- erland, on the island Manhattans, under the govern- ment of their high mightinesses, the Lords Btatea General of the United Netherlands, and the privi- leged West-India Company." In this time the New-England planters extended their possession westward as far as Connecticut river. Jacob Van Curlet, the commissary there, protested against it, and, in the second year of the succeeding adminis- tration, under William Kieft,* who appears first in 1638, a pro- hibition was issued, forbidding the English trade at fort Good-Hope; and shortly a^er, on complaint of the insolence of the English, an order of council was made for sending more forces there, to maintain the Dutch territories. Dr. Mather confesses, that the New-England men first formed their design of settling Connecticut river in 1635, before which time they esteemed that river at least one hundred miles from an 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 seized the Dutch garrison, and drove them from the banks of the river, having first settled New-Haven in 1638, regardless of Keift's protest against it. * Wo have no books among our Dutch records remaining in the Secretary's office, reialiiig to state matters before Kieft's time, nor any enrobnent of patents till a year after Van Twiller arrived here. Mr. Jacob Goelet supplied us with saveral extracts from the Dutch recorbs. W U ■-^>'Sf »»•*■■■ *-*..- HISTORY Ol' NEW-IORK. 5 # I Tho extent of New-Neth«rland was to 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 eeems, by the tenor of it, to be the Swedish gover- nor of New-Sweden, asserting, "that the whole south river of New-Netherlands had been in the Dutch possession many years, above and below, beset with forts, and sealed with their blood :" — Which, Kiefl adds, has happened even during your administration ** in New-Nethcrlund, 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 Gape 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 river for a boundary on the north, and calls the country, northwest from Albany, Terra Incognita. In 1640, the English, who had overspread the eastern part of Long-Island, advanced to Oysterbay. Kieft broke up their settlement in 164^, and fitted out two sloops to drive the English out of Schuylkill, of which the Marylanders had lately possessed them- selves The instructions, dated May 22, to Jan Jan- sen Alpendam, who commanded in that enterprise, are upon record, and strongly assert the right of tho 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 i ) a Seo Note C. »*^rm*T#r-^ fll \: 6 IliaXORY OF NEW'YOUli. disputes about limits, to whom the Dutch offered the following r ''ti. t», elH^Tftd in their books exactly ill t^if «e Wtt. ^k "Coiuj.uones A V. Plwetore (ien. ifnatuys Novi Br'l((ii, Duminii^ u Wytitigh atque Hill Deiegatis H palk\\\ i^enatu Hartfordiensi, oblatee : **9ii^ Agro nostroHarttordionai, annuo porsolvont Prrepou //ff/f p. D. Ordinibus Foed. Pfovinciarum Bclgicarum uuf eorum vicariis, decimam partem re- ventus agrorum, tum aratro tum ligone, aliovo cul- torum medio ; pomariiis, hortisq : oleribus dicatis, jugerum Huliandium non excedcntibus exceptis ; aut dccimarum loco, pretium nobile postca constitu- endum, tam diu quam diu posscHsores ejusdum agri futuri erunt. Actum in arce Amstelodamensi in novo Belgio, Die Julii 9, Anno Chriati 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, Connecticut and New-Haven entered iuio a leasfue both against the Dutch and Indians, and grew so powerful as to meet shortly after, upon a design of extirpating the former. The Massachusetts Bay declined this enterprise, which occasioned a letter to Oliver Cromwell from William Hooke, dated at New Havor, November 3, 1653, in which he com- plains of the Dutch, for supplying the natives with arms and ammunition, begs his assistance with two 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 affairs HISTURT OF fTEW-YuKK. ;,i> would not admit of so distant an nttempt ;* — but Richard Cromwell afterwards drew up instructions to his commanders for subduing tlie Duf'h here, and wrote letters to the English Am.ri( an govern- Rtents for their aid — copies of wlur'i are pre.^rrved in Thurloe's Collection, vol. I. p. 721, &,c. Peter Stuyvesant was the last Dutch go "ornor ; and though he had a commission in 1646, he .did not begin his administration till May 27, 1647. — The inrondf tWyl claims upon his government kept him cc st ^. ii^ . :aploycd. New-England on the east, a'd Maryland on the west, alarmed his fears by t'leir daily increase; and about the same time capi.iin Forrester, a Scotchman, claimed Long- Island for the dowager of Stirling. The Swedes too were encroaching upon Delaware : through the unskilfulness of the mate, one Deswyck, a Swedish captain and supercargo, arrived in Raritan river ; the ship was seized, and himself made a prisoner at New-Amsterdam. Stuyvesant's reasons were these: — In 1651, the Dutch built fort Casimir, now called Newcastle, on Delaware. The Swedes, in- deed, claimed the country, and Printz their governor formally protested against the works. Risingh, his successor, under the disguise of friendship, came be- fore the fortress, fired two salutes, and landed thirty men, who were entertained by thf commandant as friends; but he had no sooner discovered the weak- ness of the garrison, than he made himself master of it °"^zing also upon all the ammunition, houses, and other effects of the West-India Company, and com- ! S«e note D. !A ■ ■.•V. ■*t»/w«1ln«CS...a**» ■" ■- fyUm J^um^lg^ 6 lUSTOHY OF NEW-YOUK. pelling several of the people to swear allegiance to Christina, queen of Sweden. The Dutch, in 1655, prepared to retake fort Casimir. Stuyvesant com- manded 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 property : 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, fourteen pounders, five swivels, and a parcel of small arms, which were all delivered to the conquered. Fort Chrislini was commanded by Risingh. Stuyvesant came before it, and Risingh surrendered it upon terms the twenty- fifth of September. The country being thus sub- dued, the Dutch governor issued a proclamation in favour of such of the inhabitants as would submit to the new government, and about thirty Swedes swore " fidelity and obedience to the States General, the lords directors of the West-India Company, their subalterns of the province of New-Netherlands, and the director general then, or thereafter, to be estab- lished." Risingh and one Elswych, a trader of note, were ordered 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 called the three lower counties. This country was afterwards under the command of lieutenant governors, subject to the control of, wnd commissioned by, the director general at New- 114 HISTORY OF KEW-VOKKt 9 Amsterdam. Johan Paul Jaquet was the first vice- director, or lieutenant governor, of South River."^ His successors were Alricks Hinojossa, and Wil- liam 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 twelfth of April 1657, shows the extent of the Dutch claim on the west side of Delaware at that time. He was appointed " director-general of the colony of the South River of New-Netherlands, and the fortress of Casimir, now called Niewer Amstel, with all the lands depending thereon, according to the first purchase and deed of release of the natives, dated July 19, 1651, begin- ning 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 as the bounds and limits of the Minquaas' land, with all the streams, &c. appurtenances, and de- pendencies." Of the country northward of the Kill, no mention is made. Orders, in 1658, were given to William Beekman to purchase cape Hinlopen from the natives, and to settle and fortify it, which, for want of goods, was not done till the succeeding year. In the year 1659, fresh troubles arose from the Maryland claim to the lands on South river ; and in September colonel Nathaniel Utie, as commissioner from Feudal, lord Baltimore's governor, arrived at Niewer Amstel, from Maryland. The country was ordered to be evacuated, lord BaUimore claiming all vol, I — 2 10' ,' 'i rM. 10 UI8T0Uir OV NEW-YOUK. the land between thirty-eight and forty degrees of latitude, from sea to sea. Beekman and his coun- cil demanded evidence of his lordship's right, and offered to prove the States General's grant to the West-India Company, theirs to them, payment for the land, and possession ; and upon the whole, pro- posed to refer the controversy to the republics of England and Holland, praying at the same time, three weeks to consult Stuyvesant, the general. The commissioner, notwithstanding, a few days after, warned him to draw oft* beyond the latitude of forty degrees ; but Beekman disregarded the threat. Colonel Utie thereupon returned to Maryland, and an immediate invasion was expected. Early in the spring of the year 1660, Nicholas Varleth, and Brian Newton, were despatched from fort Amsterdam to Virginia, in quality of ambassa- dors, with full power to open a trade, and conclude a league offensive and defensive against the barba- rians. William Berckly, the governor, gave them a kind reception, and approved their proposal of peace and commerce, which Sir Henry Moody was sent here to agree upon and perfect. Four articles to that purpose were drawn up and sent to the governor for confirmation. Stuyvesant artfully endeavoured, at this treaty, to procure an acknowledgment of the Dutch title to the country, which Berckly as carefully avoided. This was his answer : "Sir : I have received the letter you were pleased to send me, by Mr. Mills, his vessel, and shall be ever ready to comply with you in all acts of neigh- bourly friendship and amity. But truly sir you ^-..A HISTORY or IS EW- YORK. U desire me to do that, concerning your titles and claims to land in this northern part of America, which I am in no capacity to do ; for I am but a servant of the Assembly ; neither do they arrogate any power to themselves, farther than the miserable distractions of England force them to. For when God shall be pleased in his mercy to take away and dissipate the unnatural divisions of their native country, they will immediately return to their own professed obedience. What then they should do in matters of contract, donation, or confession of right, would have little strength or signification ; much more presumptive and impertinent would it be in me to do it without their knowledge or assent. Wh shall very shortly meet again, and then, if to ihvm you signify your desires, I shall labour all I oau to get you a satisfactory answer. "I am, sir, " Your humble servant, *' - " William Berckly. tt Virginia, Mgust 20, 1660." , Governor Stuyvesant was a faithful servant of the West-India Company : this is abundantly proved by his letters to them, exciting their care of the colony. In one, dated April 20, 1660, which is very long and pathetic, representing the desperate situation of affairs on both sides of New-Netherland, he writes, " Your honors imagine that the troubles in England will prevent any attempt on these parts : alas ! they are ten to one in number to us, and are able with- out any assistance, to deprive us of the country when they please." On the twenty-fifth of June, the same V ;. Ill ni ,,».,^.fl*^,— ^ ,,i,ij«-f'i,ii.,i^-.^ rn MWTORY OF NEW- YORK. i \ year, he informs them, *' that the demahds, encroach- ments, and usurpations of the English, gave the people here great concern. The 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 last year in his embassy for the evacuation of the Dutch possessions on Delaware, lord Baltimore, in the autumn of 1660, applied by captain Neal, his agent, to the West-India Company, in Holland, for an order on the inhabitants of South river to sub- mit to his authority, which they absolutely refused, asserting their right to that part of their colony. The English, from New-England, were every day encroaching upon the Dutch. The following letter, from Stuyvesant to the West< India Company, dated July 21, 1661, shows the state of the colony at that time, on both sides : ** We have not yet begun the fort on Long-Island, near Oysterbay, because our neighbours lay the boundaries a mile and a half more westerly than we do, and the more as your honors, by your advice of December 24th, 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' ambas- ='' If we Bhould arguo from this letter, that the Wert-India Company had no prants of tlic New-Netherlands from the States General, as some suppose, we discredit De Lact'f; liistory, dedicated to the States in 1624, as well as all the Dutch writers, and even Stuyvesant himself, who, in his letter to Richard Nicolls, ;it the surrender, asserts, that they had a grant, and showed it under seal to tile English deputies. But the genuine construction of the Dutch govemor^s letter, is this, that in 1660, he had not the patent to the West-India Company, to lay before the English in America, who disputed the Dutch ritjlit to this country. HISTORY OF MiVV-YORK. 13 sador. 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 royal father, which is affirmed to be already obtain- ed. But more probable, and material, is the advice from Maryland, that lord Baltimore's patent, which contains the south part of South River, is confirmed by the king, and published in print ; that lord Balti- more's natural brother, who is a rigid papist, being made governor there, has received lord Baltimore's claim and protest to your honors in council, (where- with he seems but little satisfied,) and has now more hopes of success. We have advice from England, that there is an invasion intended against these parts, and the country solicited of the king, the duke and the parliament, is to be annexed 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 unlawful 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 implements of husbandry. Lord Baltimore's son landed a little after, and was entertained by Beek- man at Niewer Amstel. This was Charles, the son of Cecilius, who, in 1661, had procured a grant and confirmation of the patent passed in favour of his father in 1632. The papistical principles of the Baltimore family, the charge of colonizing, the par- liamentary war with Charles I. and Oliver's usurpa- tion, all conspired to impede the settlement of Ma- ryland, till the year 1661; and these considerations I "I 14 HISTORY OP NEW-YORK. account for the extension of the Dutch limits on the west side of Delaware bay. While the Dutch were contending with their Eu- ropean neighbours, they had the art always to main- tain a friendship with the natives, until the war which 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, who settled at Canada in 1603. I have before observed, that Oliver Crom- well was applied to for his aid in the reduction of this country, and that his son Richard took some steps towards accomplishing the scheme ; the work was however reserved for the reign of Charles II. an indolent prince, and entirely given up to pleasure, who was driven to it, more perhaps by the diffei'en- ccs then subsisting between England and Holland, than by any motWe that might reflect honor upon his prudence, activity, and public spirit. Before this expedition, the king granted a patent on the twelfth of March, 1664, to his brother the duke of York and Albany, for sundry tracts of land in America, the boundaries of which, because they have given rise to important and animated debates, it may not be improper to transcribe : "AH that part of the main land of New-England, beginning at a certain place, called or known by the name of St. Croix, next adjoining to New Scotland, in America, and from thence extending along the sea-coast, unto a certain place called Pemaquie, or Pemequid, and so up the river thereof, to the fur- thest head of the same, as it tendeth northward ; "^arif;.-; UiSTOKY OF NEW-YORK. 15 extending from thence to the river of Kimbequio, 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 Meitewacks, or Long-Island, situate and being towards the west of Cape Cod and the narrow Higansetts, abutting upon the main land between the two rivers there called or known by the several names of Connecticut and Hudson's river, together 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 Martin's vineyard, or Nantuck's, or otherwise Nan- tucket: together, &c." Part of this tract was conveyed by the duke to John lord Berkley, baron of Stratton, and Sir George Carteret, of Saltrum in Devon, who were then mem- bers of the king's council. The lease was for the consideration often shillings, and dated the twenty- third of June, 1664. The re-lease, dated the next day, mentions no particular 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 as far as Cape May, at the mouth of Delaware bay: and to the northward, as far as the northernmost branch of the said bay or river of Delaware, which is forty-one degrees and I ; 16 HISTORY OF NEW-YORK. ;»;• forty minutes of latitude : which said tract of land is hereafter to be called by the name or names of Nova CflBsarea, or New-Jersey." The New- Netherlands became divided into New- Jersey, so called after the isle of Jersey, in compli- ment to Sir George Carteret, whose family camo from thence ; and New- York, which took its name in honour of the duke of York. The Dutch inhabitants, by the vigilance of their governor, were not unapprised of the designs of the English court against them, for their records testify that on the eighth of July, " the general received intelligence from one Thomas Willet, an English- man, that an expedition was preparing in England against this place, consisting of two frigates of forty and fifty guns, and a fly boat of forty guns, having on board three hundred soldiers, and each frigate one hundred and iifly men, and that they then lay at Portsmouth waiting for a wind." News arrived also from Boston, that they had already set sail. — The burgomasters were thereupon called into coun- cil; the fortress ordered to be put into a posture of defence ; and spies sent to Milford and West- chester for intelligence. Boston was in the secret of the expedition, for the general court had, in May preceding, passed a vote for a supply of provisions, towards refreshing the ships 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 twentieth 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 south-west, the •p HISTORY OF NEW-YORK. 17 other ships, with sir Robert Carr and Mr. Maverick, the remaining commissioners, were rightly conclud- ed to be driven to the eastward. After despatching a letter to Mr. Winthrop, the governor of Connecti- cut, requesting his assistance, colonel Nicolls pro- ceeded to Nantasket, and thence to Boston. The other ships got into Piscataway. John Endicot, a very old man, was then governor of Boston, and in- capable of business. The commissioners, therefore, had a conference with the council, and earnestly im- plored the assistance of that colony. Colonel Nicolls and Sir George Carteret, in their letter from Boston, to Sir H. Bennet, secretary of state, complain much of the backwardness of that province. The reasons urged in their excuse, were poverty and the season, it being the time of harvest ; but perhaps disaffec- tion to the Stuart family, whose persecuting fury had driven them from their native country, was the true spring of their conduct. The king's success in the reduction of the Dutch, evidently opened him a door, to come at his enemies in New-England, who were far from being few ;* and whether this considera- tion might not have given rise to the project itself, I leave to the conjectures of others. On the 27th of July, Nicolls and Carteret made a formal request in writing. " That the government of Boston would pass an Act to furnish them with * T. Dixwel, Esq. one of Charles I.'s judges, and excepted out of the general pardon, lived many years at New-Haven, (incog.) in quality of a country mer- chant : Sir Edmond Andross, in one of his tours llirough the colony of Con- necticut, saw him there at church, and strongly suspected him to be one of the regicides. In his last ilhicss, he revealed himself to the minister of the town, and ordered a small stone to be set at the head of his grave, which I have otton Boen there, inscribed, T. D. Esq. While at New-Haven, ho went under the name of John Davis. VOL. I. — 3 fi \ ' I iM -*<*«««* iV 18 HISTORY OP NEW-YORK. V. i armed men, who should begin their march to the Manhattans, on the twentieth of August ensuing, and promised, that if they could get other assistance, they would give them an account of it." The gover- nor and council answered, that they would assem- ble the general court, and communicate the proposal to them. From Boston, a second letter was written to gov- ernor Winthrop, in Connecticut, dated the twenty- ninth 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 ships 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 the 19th-30th of August, at fort Anill, directed to the commanders of the English frigates, by John Declyer, one of the chief council ; the Rev. John Me- gapolensis, minister ; Paul Lunder Vander Grilft, Major ; and Mr. Samuel Mcgapolensis, doctor in phy- sic, with the utmost civility, to desire the reason of their approach, and continuing in the harbor of the Naijarlij, without giving notice to the Dutch, which (he writes) they ought to have done. Colonel Nicolls answered the next day with a summons : **To the honourable the Governors and Chief Council at the Manhattans. " Right worthy Sirs : I received a letter by some worthy persons intrusted by you., bearing date the 19th-30th 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 ff HISTORY OF NF.W-YOUK. 10 of Great Britain, whoso right and title to these parts of America is unquestionable, well knowing how much it derogates from his crown and dignity, to suf- fer any foreigners, how nearsoever they be allied, to usurp a dominion, and, without his majesty's royal consent, to inhabit in these or any other of his majes- ty'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, under your commands ; and in his majesty's name, I do demand the town, situate on the island, common- ly known by the name of Manhatoes, with all the forts thereunto belonging, to be rendered unto his majesty's obedience and protection, into my hands. I am further commanded to assure you, and every respective inhabitant of the Dutch nation, that his majesty being tenaer 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 government. 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 expect your answer by these gentlemen, colonel George Carteret, one of his ma- jesty's commissioners in America ; captain Robert Needham, captain Edward Groves, and Mr. Thomas Delavall, whom you will entertain with such civility as is due to them, and yourselves, and yours shall receive the same, from, worthy sirs, Your very humble servant, RICHARD NICOLLS. Dated on board his majesty^s ship, the Gxtyny, riding before Nayrh, Angwt 20-31 , 1664." :;2^<~«-.t ' - '^jy.vujBvJik,,^',^ I 20 HISTORY OP NEW-YORK. ' / i i n Mr. Stuyvesant promised an answer to the sum- mons the next morning, and in the mean time con- vened the council and burgomasters. The Dutch governor was a good soldier, and had lost a leg in the service of the States. He would willingly have made a defence ; and refused a sight of the sum- mons, both to the inhabitants and burgomasters, lest the easy terms offered, might induce them to capitu- late. The latter, however, insisted upon a copy, that they might communicate it to the late magistrates and principal burghers. They called together the inhabitants at the Btadt-PIouse, and acquainted them with the governor's refusal. Governor Winthrop at the same time wrote to the director and his coun- cil, strongly recommending a surrender. On the twenty-second of August, the burgomasters came again into council, and desired to know the contents of the English message from governor Winthrop, which Stuyvesant still refused. They continued their importunity ; and he, in a fit of anger, tore it to pieces : upon which, they protested against the act, and all its consequences. Determined upon a de- fence of the country, Stuyvesant wrote a letter in answer to the summons, which, as it is historical of the Dutch claim, will doubtless be acceptable to the reader. The following is an exact transcript of the record : " My lords : Your first letter, unsigned, of the 20-3 1st of August, together with that of this day, signed according to form, being the first of Septem- ber, have been safely delivered into our hands by your deputies, unto which we shall say, that the rights of his majestic of England, unto any part of America HISTORY OF NIAV-YORK. 21 here about, amongst the rest, unto the colonies of Virginia, Maryland, or otiiors in New-England, whether disputable or not, is that which, for the pre- sent, we have no design to debate upon. But that his majestic hath an indisi)utablo right to all the lands in the north parts ot' A inerica, 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 governor-general, over New-Holland, the isles of Curacoa, Bonaire, Aruba, with their appurtenances and dependancies, bearing date the twenty-sixth of July, 1646. As also by virtue of a grant and com- mission, 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 authentic, as his said majestie of England hath given, or can give, to any colony in America, as more fully appears by the patent and commission of the said lords the States General, by them signed, registered, and sealed with their great seal, which were showed to your deputyes, colonel George Carteret, captain Robert Needham, captain Edward Groves, and Mr. Thomas Delavall ; by which commission and patent together, (to deal frankly with you,) and by divers letters, signed and sealed by our said lords, the States General, directed to several persons, both English and Dutch, inhab- iting the towns and villages on Long-Island, (which, without doubt, have been produced before you, by those inhabitants,) by which they are declared and acknowledged to be their subjects, with express com- mand, that they continue faithful unto them, under penalty of incurring their utmost displeasure, which f h 11 »iu,' 22 HISTORY OF NEW-YORK. ';. ( IW i makes it appear more clear than the sun at noon- day, that your first foundation, (viz. that the right and title of his majestie of Great Britain, to these parts of America is unquestionable,) is absolutely to be de- nied. Moreover, it is without dispute, and acknow- ledged by the world, that our predecessors, by virtue of the commission and patent of the said lords, the States General, have without control, and peaceably (the contrary never coming to our knowledge) enjoy- ed Fort Orange about forty -eight or fifty years, the Manhattans about forty-one or forty-two years, the South River forty years, and the Fresh Water River about thirty-six years. Touching the second subject of your letter, (viz. his majestie hath commanded me, in his name, to require a surrender of all such forts, towns, or places of strength, which now are possessed by the Dutch under your command). We shall answer, that we are so confident of the discre- tion and equity of his majestie of Great Britain, that in case his majestie were informed of the truth, which is, that the Dutch came not into these provinces, by any violence, but by virtue of commissions from my ■ lords, the States General, first of all in the years 1614, J615, and 1616, up the North River, near Fort Orange, where, to hinder the invasions and massacres, commonly committed by the savages, they built a little fort ; and after, in the year 1622, and even to this present time, by virtue of com- mission and grant, to the governors 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 •^, " "^ m.m^ t^^^' HISTORY OF NEW-YORK. 23 and mighty States General, given to the persons interested as aforesaid, and others, these provinces have been governed, and consequently enjoyed, as also in regard of their first discovery, 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 majestic of Great Britain were well informed 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 for- tresses, 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 depu- tyes, under the names and seal of the said high and mighty States General, dated July 28, 1C46. Besides what had been mentioned, there is little probability that his said majestic of England (in regard the arti- cles of peace are printed, and were recommended to us to observe seriously and exactly, by a letter writ- ten to us by our said lords, the States General, and to cause them to be observed religiously in this coun- try) would give order touching so dangerous a design, being also so apparent, that none other than my said lords, the States General, have any right to these provinces, and consequently, ought to com- mand and maintain their subjects ; and in their ab- sence, we, the governor-general, are obliged to main- tain their rights, and to repel and take revenge of all threatenings, unjust attempts, or any force what- soever, that shall be committed against their faithful ^y.-^ J., "t.i.y 24 HISTORY OF NEW-YORK. ' 'n 30 HISTORY OP NEW-YORK. 1 < "XIV. If any Dutch living here shall at any time desire to travaile or traffique into England, or any place, or plantation, in obedience to his majesty of England, or with the Indians, he shall have (upon his request to the governor) a certificate that he is a free denizen of this place, and liberty to do so. " XV. If it do appeare, that there is a publique engagement of debt, by the town of the Manhatoes, and a way agreed on for the satisfying of that engagement, it is agreed, that the same way pro- posed shall go on, and that the engagement shall be satisfied. " XVI. All inferior civil officers and magistrates shall 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 chosen magistrates shall take the oath of alle- giance to his majesty of England before they enter upon their office. " 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 appeare, that the West-India Company of Amsterdam, do really owe any sums of money to any persons here, it is agreed that recog- nition and other duties payable by ships going for the Netherlands, be continued for six months longer. " XIX. The officers military, and soldiers, shall march out with their arms, drums beating, and cou- lours flying, and lighted matches ; and if any of them will plant, they shall have fifty acres of land HISTORY OP NEW-YORK. 81 n set out for them ; if any of them will serve as ser- vants, they shall continue with all safety, and be- come free denizens afterwards. " XX. If, at any time hereafter, the king of Great Britain and the States of the NfcVi.orland do agree that this place and country be re-delivered into the hands of the said States, whensoever his majestie will send his commands to re-deliver it, it shall immediately be done. " XXI. That the town of Manhattans shall choose deputyes, and those deputyes shall have free voyces in all publique affairs, as much as any other deputyes. "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. " XXIII. If there be any soldiers that will go into Holland, and if the Company of West-India in Am- sterdam, or any private persons here will transport them into Holland, then they shall have a safe pass- port from colonel Richard Nicolls, deputy-governor under his royal highness, and the other commission- ers, to defend the ships that shall transport such soldiers, and all the goods in them, from any sur- prizal or acts of hostility, to be done by any of his majestie's ships or subjects. That the copies of the king's grant to his royal highness, and the copy of his royal highness's commission to colonel Richard Nicolls, testified by two commissioners more, and Mr. Winthrop, to be true copies, shall be delivered to the honourable Mr. Stuyvesant, the present go- vernor, on Monday next, by eight of the clock in the morning, at the Old Miln, and these articles ■ ( II Mi l.?*^r:; a 33 HISTORY OF NEW-YORK. consented to, and signed by colonel Richard Nicolls, deputy-governor to his royal highness, and that within two hours aflter the fort and town called New- Amsterdam, upon the isle of Manhatoes, shall be delivered into the hands of the said colonel Richard NicoUs, by the service of such as shall be by him thereunto deputed, by his hand and seal. John De Decker. NicH. Verleett. Sam. Megapolensis. Cornelius Steenwick. Oloffe S. Van Kortlant. James Cousseau. Robert Carr. Geo. Carteret. John Winthrof. Sam. Willys. Thomas Clarke. John Pinchon. " I do consent to these articles, Richard Nicolls." * \ These articles, favourable as they were to the inha- bitants, were however very disagreeable to the Dutch governor, and he therefore refused to ratify them, till two days after they were signed by the commis- sioners. The town of New- Amsterdam, upon the reduction of the island Manhattans, took the name of New- York. It consisted of several small streets, laid out in the year 1656, and was not inconsiderable for the number of its houses and inhabitants. The easy terms of the capitulation, promised their peace- able subjection to the new government, and hence we find, that in two days after the surrender, the Boston aid was dismissed with the thanks of the commissioners to the general court. Hudson's and HISTORY OF AEW-YORK. 33 >» the South River were, however, still to be reduced. Sir Robert Carr commanded the expedition on De- laware,and Carteret was commissioned to subdue the Dutch at Fort-Orange. The garrison capitulated on the 24th of September, and he called it Albany, in honour of the Duke. While Carteret was here, he had an interview with the Indians of the Five Nations, and entered into a league of friendship with them, which remarkably continues to this day.* Sir Robert Carr was equally successful on South River, for he compelled both the Dutch and Swedes to capitulate and deliver up their garrisons the 1st of October, 1664 ; and that was the day in which the whole New-Netherlands became subject to the English crown. Very few of the inhabitants thought proper to remove out of the country.f Governor Stuyvesant himself held his estate and died here. His remains were interred in a chapel which ho had erected on his own farm, at a small distance from the city, now possessed by his grandson Ge- rardus Stuyvesant, a man of probity, who has been elected into the magistracy above thirty years suc- cessively. Justice obliges me to declare, that for loyalty to the present reigning family, and a pure attachment to the protestant religion, the descend- ants of the Dutch planters are perhaps exceeded by none of his majesty's subjects. * The Dutch were sensible of tlie importaiico of preserving an vnintcrrujited amity with those Indians, for they were both verj' niimerous and warlike. The French pursued quite different measures, and the irruptions of those tribes, according to their own authors, have ollen reduced Canada to the brink of ruin. + Sir Robert Carr arrived at Bristol, 1st June, 1G67, and died the next day. Carteret went home in 1664, leaving Maverick at Boston. — Vid. New England's Memorial, by Nath. Morton, senrefary for New Plymouth, p. 210, edit.l2mo. 1721. VOL. I. — .5 .■ 'I- ii v>#* ''.''*. 0fx3iM^A^£.f-ft.^r4 ' it!^ m%. PART II. 'i THK HISTORY OF NEW-YORK. in FROM THE 8UKKENDEK IN 1064, TO THE SETTLEMENT AT THE REVOLUTION. ' I] Richard Nicolls being now possessed of the country, took the government upon him, under the style of" deputy -governor under his royal highness the duke of York, of all his territories in America." During his short continuance here, he passed a vast number of grants and confirm a\s of the anciei^t Dutch patents, the profits of which must have been very considerable. Among these, no one has occasioned more animated contention, than that called the Elizabeth Town 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 the representation of that contro- versy contained in Douglass's Summary. I have sufficient reasons to justify my charging that account with partiality and mistakes ; and for proofs, refer # ^.'BJkiil 56 HISTORY OP NEW-YORK. to the printed answer in chancery, published in the year 1751. Besides the chief command of this province* Nicolls had a joint power* with Sir Robert Carr, Carteret, and 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 result was an adjudication in these words : '* By virtue of his majesty'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 deliberately considered all the reasons alleged by Mr. Allyn, sen. Mr. Gold, Mr. Richards, and captain Winthrop, appointed by the assembly held at Hart- ford, the 13th of October, 1664, to accompany John Winthrop, esq. the governor 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 government of his royal highness the duke of York, as is expressed by plain * The comraiBsion from king Charles II. was dated 26tli of April, 1664. After a recitw. of disputes concerning linnits in Ncw-England, and that addresses had buen sent homo from the Indian natives, complaining of abuses received from the English subjects ; the commissioners, or any three or two of tliem, of wliich Nicolls was to be one, were autliorized to visit the New-England colonies, and determine all con laints military, civil, and criminal, according to their discre- tion, and such inb. ructions, ai they might rcceivo from the crown. -x^lltt* 'y^ HISTORY OF NEW-YORK. 37 1 ic n words, in the said patents, re;j|.^ectively, and also by virtue of his majesty^s commission, and the consent of both the governors and the 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 West-chester, and a line drawn from the east point or side, where the fresh water falls into the salt, at high water mark, north-north-west to the line of the Massa- chusetts, be the western bounds of the said colony of Connecticut, and all plantations lying westward of that creek and line so drawn, to be under his royal highness's government ; and all plantations lying eastward of that creek and line, to be under the government of Connecticut. Given under our hands, at James's Fort in New-York, on the island of Manhattan, this 1st day of December, 1664. " Richard Nicolls. ' "George Carteret. " S. Mavericke. " We the governour and commissioners of the general assembly of Connecticut, do give our con- sent to the limits and bounds above mentioned, as witness our hands. « Gold, " John Winthrop, Jun. " John Winthrop, ^ " Allen, Sen. " Richards. ' At the tim J of this determination, about two-thirds of Long Island were possessed by people from New- England, who had gradually encroached upon the Dutch. As to the settlement between New-York r\ .#,| 4}t •«-J^.!***v, :;,i?- 38 HISTORY OF NEW-YORK. , S m^ and Connectxut on the main, it has always been considered by the former, as f «unded upon ignorance and fraud-* iThe station at Mamaroneck was about thirty miles from New-York ; from Albany one hundred and fifty. The general course of the river is about north 12 or 15 degrees 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 surrendered to colonel Carteret, out of the province of New-York. It has been generally esteemed, that the Connecticut commissioners in this affair, took advantage of the duke^s agents, who were ignorant of the geography of the country. The duke's commissioners in their narrative ex- press themselves thus : " The bounds between the duke^s province and Connecticut were mistaken by wrong information, for it was not intended that they should come nearer Hudson's river than twenty miles, yet the line wns set down by the commissioners to go from such a point N N. W., whereas it ought to go just N., otherwise ihe lines will go into Hudson's n river. About the close of the year, the estate of the West-India company was seized and c(mfiscated, hostilities being actually commenced in Europe as well as America, though no declarations of war had yet been published by either of the contending parties. A great dispute between the inhabitants of Jamaica on Long Island, which wbs adjusted by colonel Nicolls, on the 2d of January, 1665, gave *^ The town of Ryo was settled under Connecticut, and the grant from that colony is boundeil l>y ihiplinc of division. .v»?.»^-» HISTORY OF NEW-YOilK. 39 rise to a salutary institution, which has in part obtained ever since. The controversy respected Indian deeds, and thenceforth it was ordained, that no purchase from the Indians, without the governor's license exec'>ted in his presence, should be valid. The strengtii and numbers of the natives 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 con- siderable solemnity. Colonel Nicolls also published an instrument to encourage settlers under the title of " The condi- tions for new planters in the territories of his royal highness the duke of York." I have met with three printed copies of it. It was in these words : " The purchases are to be made from the Indian sachems, and to be recorded before the governor. The purchasers* ; >ot to pay for their liberty of pur- chasing tr the :'(:■■'. ior. The purchasers are to set out a town and inhabit together. No purchaser shall, at any time, contract for himself with any sachem without consent of his associates, or special warrant from the governor The purchasers are free from all manner of assessments or rates for five years after their town-plot is set out, and when the five years are expired, they shall only be liable to the public rates and payments according to the custom of other inhabitants, both English and Dutch. All lands thus purchased and possessed, shall remain to the purchasers and their heirs as free lands to dispose of as they please. *• In all territories of his royal highness, liberty of conscience is allowed, provided such liberty is ^ m ^i '1 f 40 HISTORY OF NEW- YORK. not converted to licentiousness, or the disturbance of others in the exercise of the protestant religion. The several townships have liberty to make their peculiar laws, and decide all small cases within themselves. The lands which I intend shall be first planted, are those upon the west side of Hudson's river, at or adjoining th6 Sopes. Vhe governor hath purchased all the Sopes land, which is now ready for planters to put the plough into, it being clear ground. But if any number of men sufficient for two, or three, or more towns, shall desire to plant upon any other lands, they shall have all due encou- ragement proportionable Id quality an J undertak- ings. Every township is obliged to pay their minis- ^,er, according to such agreement as they shall make with him, and no man to refuse his proportion ; the minister being elected by the major part of the householders, inhabitants of the town Every tow:i- fihip to have the free choice of all the officers, both civil and military ; and all men who shall take the oath of allegiance to his majesty, and who are not servants o; day labourers, but are admitted to enjoy town lots, are esteemed freemen of the jurisdiction, and cannot forfeit the same without due process in law. R. NICOLLS." / ■ - Another instance of colonel Nicolls' prudence, was his gradual introduction of the English methods of government. It was not till the 12th of June, thiei year, that he incorporated the inhabitants of New- York, under the care of a mayor, five aldermen, and a sheriff. Till this time the city was ruled by a scout, burgomasters, and schepens. f. r 11 ■ w HISTORY OP NEW-YORK. 41 In March preceding, there was a great conventioa before the governor, at Hempstead, of two deputies from every town ? : ^ ong: Island, empowered to bind their co.'ifltituents:. The design of their meeting was to adjust the limits of their townships for the preservation of the public peace. The war being proclaimed at London on the 4th of this month, NicoUs received the account of it in June, with a letter from the lord chancellor, inform- ing him, that De Rnyter, the Dutch admiral, had orders to visit New-York. His lordship was mis- informed, or the admiral was diverted from the enterprise, for the English peaceably held the possession of the country during the whole war, which was concluded on the ^ 1st of July, 1667, by the treaty of Breda. Some are of opinion, that the exchange made with the Dutch for Surinam, which they had taken from us, was advantageous to the nation; but these judges do not consider, that it would have been impossible for the Dutch to have preserved this colony against the increasing strength of the people in New-England, Maryland, and Virginia. After an administration of three years, Nicolls returned to England The time during his short residence 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 judgment. His detei-minations were VOL. I. — 6 M h § 4» « I m -••«t«4!V»*- ■ «*■* ■ -J ^.-J^*- .^ .1^*. 42 History op new-york. called edicts, and executed by the sherifis he had appointed. It is much to his honour, that notwith- standing all this plenitude of power, he go' rned the province with integrity and moderation. A representation from the inhabitants of Long Island, to the general court of Connecticut, made about the time of the revolution, commends him as a man of an easy and benevolent disposition ; and this testi- monial is the more to be relied upon, because the design of the writers was, by a detail of their grievances, to induce the colony of Connecticut to take them under its immediate protection. Francis Lovelace, a colonel, was appointed by the Duke, to succeeJ Nicolls in the government of the province, which he began to exercise in May, 1667. As he was a man of great moderation, the people lived very peaceably 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 II. 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. The following passage from a fine writer,* shows that his pretences for entering into the war were perfectly groundN'iss and trifling. " The king of England, on his side, rep"oached them with disrespect, in not directing their fleet to ! i: « * Voltaire's Ape of Louis XIV. HISTORY OF NEW-YORK. 43 lower the flag before an English ship; and they were also accused in regard to a certain picture, wherein Cornelius de Witt, brother to the pen- sionary, was painted with the attributes of a con- querori Ships were represented in the back-ground of the piece, either taken or burnt. Cornelius de Witt, who had really had a great share in 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 eve* entered. The English ministers, who presented the complaints of their king against Holland, in writing, therein mentioned certain abusive pictures. The States, who always translated the memorials of ambassadors into French, having rendered abusive, by the words fautifs trompeurSf they replied, that they did not know what these roguish pictures (ces tableaux trompeurs) 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 declaring war." A few Dutch ships arrived the y6ar after, on the 90th July, utider Staten Island, at the distance of a few miles from the city of New- York. John Man- ning, a captain of an independent company, had at that time the command of the fort, and by a mes- senger sent down to the squadron, treacherously made his peace with the enemy. Oh that very day the Dutch ships came up, moored under the fort, landed their men, and entered the garrison, without giving or receiving a shot, A council ol " ! .' 44 HISTORY OP NEW- YORK. war was afterwards held at the Stadt-house, at which were present Cornelius Evertse, Jun. > ^ , Jacob Benkes, ] Commodores. Anthony Colve, ) Nicholas Boes, > Captains. • Abraham Ferd.Van Zyll, ) All the magistrates and constables from East Jersey, Long-Island, Esopus, and Albany, were immediately summoned to New- York; and the major part of them swore allegiance t:> the States General and the prince of Orange. Colonel Love- lace was ordered to depart the province, but after- wards obtained leave to return to England with commodore Benkes. It has often been insisted on, that this conquest did not extend to the whole pro- vince ef New-Jersey, but upon what foundation I cannot discover. From the Dutch records, it ap- pears, that deputies were sent by the people inha- biting the country, even so far westward as Dela- ware river, who in the name of their principals, made a declaration of their submission ; in return for which, certain privileges were granted to them, and three judicatories erected at Niewer Amstel, Upland, and Hoer Kill. Colve's commission to be governor of this country is worth printing, because it shows the extent of the Dutch claims. The trans- lation runs thus : " The honourable and awful council of war for their high mightinesses the States General of the United Netherlands, and his serene highness the prince of Orange, over a squadron of ships, now at anc • *n Hudson's river, in New-Netherlands ; To AflT-' \ HISTORY OK NEW-YOllK. 45 all those who shall see or hear these, greeting. As it is necessary to appoint a fit and able person to carry the chief command over this conquest of New- Netherlands, with all its appendancies and depen- dancies, from Cape Hinlopen, on the south side of the South or Delaware bay^ and fifteen miles more southerly, with the said bay and South river in- cluded ; so as they were formerly possessed by the directors of the cicy of Amsterdam, and after by the English government, in the name and right of the Duke of York ; and further, from the said Cape Hinlopen, along the Great Ocean, to the east end of Long- Island, and Shelter-Island ; from thence westi^ard to the middle of the Sound, to a town called Greenwich, on the main, and to run landward in, northerly ; provided that such line shall not come within ten miles of North river, conformable to a provincial treaty made in 1650, and ratified by the States General, February 22, 1656, and January 23, 1664 ; with all lands, islands, rivers, lakes, kills, creeks, fresh and salt waters, fortresses, cities, towns, and pla citations therein comprehended. So it is, that we being sufficiently assured of the capacity of Anthony Colve, captain of a company of foot, in the service of their high mightinesses, the States Gene- ral of the United Netherlands, and his serene high- ness the prince of Orange, &c., by virtue of our commission, granted us by their before-mentioned high mightinesses and his highness, have appointed and qualified, as we do by these presents appoint and qualify, the said captain Anthony Colve, to govern and rule these lands, with the appendancies and dependancies thereof, as governor-general ; to 1)1 .1 If 1 1 f I 4S HISTORY OF NEW- YORK. protect them from all invasions of enemies, as he ■hall judge most necessary; hereby charging all high and low officers, justices, and magistrates, and others in authority, soldiers, burgl.ers, and all the inhabitants of this land, to acknowledge, honour, respect, and obey, the said Anthony Cdlve, as governor-general ; for such we judge necessary, for the service of the country, waiting the approbation of our principals. Thus done at Fort William Henderick, the 12th day of August, 1673. ** Signed by " Cornelius Evertse, jun. " Jacob Benkes/' »i! r-f. '- ^ >i \r ' The Dutch governor enjoyed his office but a very short season, for on the 9th of February, 1074, the treaty of peace between England and the 8tates General was signed at Westminster ; the sixth ar- ticle of which restored this country to the English. The terms 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 Eu- rope or elsewhere, shall be restored to the former lord and proprietor, in the same condition 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 fortifications, ftor carrying away of guns, powder or other military stores, wh'.ch belonged to any castle or fort, at the time when it was taken." ; . ' The lenity which began the administration of colonel Nicolls was continued under Lovelace. He appears to have been a man rather of a phlegmatic 11I810RY OF NEW-YORK. 47 than an enterprising disposition, always pursuing the common ruad, and scarce ever acting without the aid of his council. / .;..■• .'j.'l .^»Ti It was this governor who introduced the prohibi- tion, by proclamation, in 1671, against masters of vessels carrying persons off without a pass from the Secretary's office, and a despatch for his vessel ; and it laid the foundation for fees to that office which were refused by the merchants, but not until near a hundred years afterwards.* Instead of taking upon himself the sole determi- nation of judicial controversies, after the example of his predecessor, 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 legislative power under the duke, was vested entirely in the governor and coun* cil. A third estate might then be easily dispensed with, for the charge of the province was small,t and in a great measure defrayed by his royal high- ness, the proprietor of the country. ;....w..;, * See the minutes of Council on the 19th and S3d June, 1766. Sir Henry Moore made the legality of the Secretary's passes a question, and upon a diver- sity of opinion between Mr. Chief Justice Horsmanden and Mr. Justice Smith, the council advised an estahliahment by act of asmmbly, which was never obtained, as might have been foreseen from the jealous temper of that day, when all the provinces were alarmed by the stamp act and the statute for quartering soldiers. + See Note F. % The manner of raising public money was established by colonel Nicolls on tlic first of June, 1665, and was thus : The hi^^h sheriff issued a warrant annually, to the high constables of every district, and they sent theirs to the petty con- stables ; who with the overseers of each town, made a list of all male persona above sixteen years of age, with an estimate of their rent and personal estates, and then taxed them according to certain rates, prescribed by a law. After tho assessment was rotumcd to the high sheriff, and approved by the goTemor, the constables received warrants for levying the taxes by distress and sale. # 'ij m HISTORY OF NEW-YORK. II ■' 4 Mf • t Upon the concIuBion of peace in 1674, the duke of York, to remove all controversy respecting his property, obtained a new patent* from the kingi dated the 429th of June, for the lands granted in 1664, and two days after commissioned major, after- wards 8ir Edmond Andross, to be governor of his territories in America. After 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 trea- cherous and cowardly surrender. The articles of accusation exhibited against him were, in substance : 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 defence, but on the contrary, slighted such as offered their assistance. JI. 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 discouragement of the garrison. III. That he suffered the fleet to moor under the fort, forbidding a gun to be fired on pain of death. IV. That he permitted the enemy to land without the least opposition. 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 * Some are of opinion that the second patent waa unneceaaiy, the duke being rAveiled per poet liminium. This matter haa been often diaputed in the eject* menta between the New-Jeraey proprietors and the Elizabeth Town patentees. In New-Torkthe right of poatliminy waa diaregarded,and perhaps unknown ; for there are many instances, espeoially on Long-Island, of new grants from Sir Edmond Androas, for landa patented under Nicolla and Lovelace, by which the quit-rents bavo been artfully enlarged. HISTORY OF NEW-YOUK. 49 fort being in a condition, and the men desirous, to fight. VI. And lastly, that he treacherously caused the fort gates to be opened and cowardly and basely let in the enemy, yichhng the garrison without articles. This scandalous charge, which Manning on his trial confessed to be true, is less surprising than tho lenity of the sentence pronounced against him. It was this, that though he deserved death, yet becnuse he had 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 public, before the City-Hall, and himself rendered incapa- ble of wearing a sword, and of serving his majesty for the future, in any public trust in the government. This light censure is, however, no proof that Sir Edmond was a man uf a merciful disposition ; the historians of New-England, where he was afterwards governor, justly transmit him to posterity under tho odious character of a sycophantic tool to the duke, and an arbitrary tyrant over the people committed to his care. He knew no law but the will of his master, and Kirk and Jefferies were not fitter instru- ments than he to execute the despotic projects of James II. In the year 1675, Nicholas Renslaer, a Dutch clergyman, arrived here. He claimed the manor of Renslaerwick, 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 cause.* Niewenhyt, minister of the church at Albany, disputed his right to administer i m i ■ >■ " Sec Note G. VOL. I. — / 50 HISTORY OP NEW-YORK. P I i\ the sacraments, because he had received an episco- pal ordination and was not approved by the Classis of Amsterdam, to which the Dutch churches here hold themselves subordinate. In this controversy the governor took the part of Renslaer, and ac- cordingly summoned Niewenhyt before him, to answer for his conduct. This minister was treated with such singular contempt, and so frequently harassed by fruitless and expensive attendances before the council, that the dispute became interest- ing, and the greater part of the people resented the usage he met with. Hence we find that the magis- trates of Albany soon after imprisoned Renslaer, tor several dubious words (as they are called in the record,) delivered in a sermon. The governor, on the other hand, ordered him to be released, and sum- moned the magistrates to attend him at New-York: warrants were then issued to compel them to give security in £5000 each, to make out good cause for confining the minister. Leisler, who was one of them, refused to comply with the warrant, and was thrown into jail. Sir Edmond, fearful that a great party would rise up against him, was at last com- pelled to discontinue his ecclesiastical jurisdiction, and to refer the controversy to the determination of the consistory of the Dutch church at Albany. It is perhaps not improbable, that these popish measures sowed the seeds of that aversion to the duke's govern- ment, which afterwards produced those violent con- vulsions in the province under Leisler, at the time of the revolution in flavour of the prince of Orange. If Sir Edmond Andross's administration at New- York appears to be less exceptionable than while he ■v^r HISTORY OF NEW- YORK. 61 commanded at Boston, it was through want of more opportunities to show himself in his true light. The main course of his public proceedings, during his continuance in the province, was spent in the ordi- nary acts of government, which then principally consisted in passing grants to the subject, and pre- siding in the court of assize established by colonel Lovelace. The public exigencies were now in part 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 governor Andross, to several towns on Long-Island, desiring to know what sums they would contribute towards the war. Near the close of his administration, he thought proper to quarrel with Philip Carteret, who, in 1680, exercised the government of East Jersey, under a commission from Sir George Carteret, dated July the 31st, 1675. Androsa disputed his right, and seized and brought him prisoner to New- York, for which it is said he lost his own government ; but who- ever considers that Sir Edmend was immediately pre- ferred to be governor of Boston, will rather believe that the duke superseded him for some other reasons. Before I proceed to the succeeding administra- tion, in which our Indian affairs began to have a powerful influence upon the public measures, it may not be improper to present the reader with a sum- mary view of the history and character of the Five Nations.* These, of all those innumerable tribes of savages which inhabit the northern part of Ame- u I ! h * By the Dutch called Maquaas, by the French Iroqueis. and by «s, Fivo Nations, Six Nations, andlately Tlio Confederates. They arc greatly diminisli- oA. and consist now only of obout twelve hundred fighting men. K***-* ^^,, , '^^ ,^< m--. 52 HISTORY OP NEW-YORK. rica, are of most importance to us and the Frencli, both on account of their vicinity and warlike dispo- sition. Before the late incorporation of the Tusca- roras, a people driven by the inhabitants of Carolina from the frontiers of Virginia; they consisted of five confederate cantons.* \V hat in particular gave rise to this league, and when it took place, are questions which neither the natives, nor Europeans, pretend to answer. Each of these nations is divided into three families, or clans, of different ranks, bearing for their arms, and being distinguished by the names of the tortoise, the bear, and the wolf f No people in the world, perhaps, have highet notions than these Indians of military glory. All the surrounding nations have felt the effects of their prowess ; and many, not only became their tributa ries, 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 harmony within, and the defence of the state agednst invasions from without, is not to be expected from the people of whom I am now writing, yet perhaps, they have paid more attention to it than is generally allowed. Their government is suited to their con- dition. A people whose riches consist, not so much in abundance as in a freedom from want ;t who are * The Tuscaroras were received upon a supposition tliat they were originally «f the same stock with the Five Nations, because there is some siniilituds between their languages. + Their instruments of conveyances are signed by signatures whicli they make with a pen, representing these animals. I An Indian, in answer to his question, " What the white people meant by covetousness ? was told by another, that it signified, " A desire of more than a man hud need of." " That's strange !" aaid the querist. ^ ) ■ HISTORY OF NEW-YORK. 53 circumscribed by no boundaries, who live by hunt- ing, and not by agriculture, must always be free, and therefore subject to no other authority than such as consists with the liberty necessarily arising from their circumstances All their affairs, whether respecting peace or war, are under the direction of their sachems, or chief men. Great exploits and public virtue procure the esteem of a people, and qualify a man to advise in council, and execute the plan concerted for the advantage of his country : thus whoever appears to the Indians in this advan- tageous light, commences a sachem without any other ceremony. As there is no other way of arriving at this dig- nity, so it ceases, unless an uniform zeal and activity for the common good, is uninterruptedly continued. Some have thought it hereditJiry, but that is a mis- take. The son is indeed respected for his father's services, but without personal merit he can never share in the government; which, were it otherwise, must sink into perfect disgrace. The children of such as are distinguished for their patriotism, moved by the consideration of their birth, and the perpe- tual incitements to virtue constantly inculcated upon them, imitate their father's exploits, and thus attain to the same honours and influence ; which accounts for the opinion that the title and power of sachem are hereditary. Each o?' these republics has its own particular chiefs, who hear aud determine all complaints in couiutil, and though they have no officers for the execution of justice, yet their decrees are always obeyed, from the general reproach that would follow '. ?i )l ■If* ■.'wR-^ 54 HISTORY OP NEW-YORK. ffl a contempt of their advice. The condition of this people exempts them from factions, the common disease of popular governments. It is impossible to gain a party amimgst them by indirect means; for no man has either honour, riches, or power to bestow.* All affairs which concern the general interest are determined in a great assembly of the chiefs of each canton, usually held at Onondaga, the centre of their country. Upon emergencies they act separately ; but nothing can bind the league but the voice of the general convention. The French, upon the maxim divide et impera, have tried all possible means to divide these repub- lics, and sometimes have even sown great jealousies amongst them. In consequence of this plan, they have seduced many families to withdraw to Canada, and there settled them in regular towns, under the command of a fort and the tuition of missionaries. The manners of these savages are as simple as their government. Their houses are a few crotched stakes thrust into the ground, and overlaid with bark. A fire is kindled in the middle, and an aper- ture left at the top for the conveyance of the smoke. Whenever «i considerable number of those huts are collected, they have a castle, as it is called, consist- ing of a square without bastions^ surrounded with * The learned, and judicious author of ' The Spirit of Laws," speaking of a people who have a fixed property in lands, obscives: "That if a chief would deprive them of their hberty, thjy wo ild immediately go and seek it under another, or retire into the w oods and live there with their families." The Fivo Nations m^- iftver be enslaved till they ^f*' w rich by agriculture and commerce Pioperty 'n the most permanent basis ')i' nowcr. The authority of a sachem depending only upon his reputation for wisdom and courage, must be weak and precarious, and therefore pafe to the people. HISTORY OP NEW-YORK. 55 pallisadoes. They have no other fortification ; and this is only designed ns an asylum for their old men, their wives, and children, while the r^st are gone out to war. They live almost entirely without care. While the women, or s(|uaws, cultivate a little spot of ground for corn, the men employ themselves in hunting As to clothes, they use a blanket girt at the waist, and thrown loosely over their shoulders ; some of their women indeed have, besides this, a sort of petticoat, and a few of their men wear shirts ; but the greater part of them are generally half naked. In winter, their legs are covered with stock- ings of blanket, and their feet with socks of deer skin. Many of them are fond of ornaments, and their taste is verj- singular. I have seen rings affixed, not only to their ears, but their noses. Bracelets of silver and brass round their wrists are very common. The women plait their hair and tie it up behind in a bag, perhaps in imitation of the French beaus in Canada- Though the Indians are capable of sustaining great hardships, yet they cannot endure much labour, being rather fleet than strong. Their men are taller than the Europeans, rarely corpulent, always beardless,* straight limbed, of a tawny complexion, and black uncurled hair. In their food they have no manner of delicacy, for though venison is their ordinary diet, yet sometimes they eat dogs, bears, and even snakes. Their cook- ery is of two kinds, boiled or roasted ; to perform the latter, the meat is penetrated by a short sharp stick set in the ground, inclining towards the fire. ' i'' f\ ' til 'i * Because tliey pluck out the hairs. The French writers, .vno say they have naturally no beards, arc mistaken^ and the reasons they assign for it are ridiculous. .^- ■. — ••«»•■• 56 HISTORY OF NEW-YORK. and turned as occasion requires. They are hospi- table to strangers, though few Europeans would relish their highert fR7ours of this kind, for they are very nasty hvV' i,? their garments ana food. Every man has his own wife whom he takes and leaves at pleasure : a plurality, however, at the same time, is by no means admitted amongj'f them. They have been generally commendcvl for their chastity, but I am informed by good authority, that they are very lascivious ; and that the women, to avoid ?eproach, frequently destroy the foetus in ihe woriilu They are so in^rloctly free, that unless their children^ who generally msiat the mother, may be called ser- vants, they havr none. The nu n frequently asso- ciate themselves for co5iv?o3'bati<»ii, by which means they not only preserve iu; f^ lojiAbrince of their wars and treaties, hui dliW ^c' arnang their youths, incitements to mditary glory, :is well as instruction in all the subtleties of war. Bince tlaey became acquainted with thelluropeans, their warlike apparatus is a musket, hatchet,* and a long knife. Their hoys still accustom themselves to bowi<; and arrows, and are so dextrous in the use of them, that b lad of sixteen will strike an English shilling five vhaes in ten, at twelve or fourteen yards distance. Their men are excellent marksmen, both with the gun and hatchet ; their dexterity at the latter is vt ry extraordinary, for they rarely miss the object, though at a considerable distance. The hatchet in the flight perpetually turns round, and yet always strikes the mark with the edge. ' Hence, to Uk>i up the hatchet, is with their, a phrase sig^nifying to declare ^v&r; as on the contrary to bury it denotes the establishment of a peace. I- HISTORY OF NEW-YORK. 57 Before they go out, they have a feast upon dog's flesh, and a great war dance. At these, the warrio";;,, who are frightfully painted with vermilion, ri^e up and sing their own exploits, or those of their ances- tors, and thereby kindle a military enthusiasm in the sv'liole company. The day after ihe dance, they inarch out a few miles in a row, observing a "nrofoxt* J filence. The procession being ended, thf y -iv-rip the bark from a large oak, and paint the design of their expedition on the naked trunk. The figure of a canoe, with the number of men in it; delormines the strength of their party; and by a i)eer, a fox, or some other emblem painted at the head of it, we discover against what nation they are gone out. The Five Nations being devoted to war, every art is contrived to diffuse a military spirit through the whole body of their people. The ceremonies attending the return of a party, seem calculated in particular for that purpose. The day before they enter the village, two heralds advance, and at a small distance set up a yell, which by its modulation intimates either good or bad news. If the former, the village is alarmed, and an entertainment pro- vided for the conquerors, who in the mean time »»"'>roach in sight: one of them bears the scalps atrttched over a bow, and elevated upon a long pole. The boldest man in the town comes out, and receives it, and instantly flies to the hut where the rest are collected. If he is overtaken, he is beaten unmercifully ; but if he out -runs the pursuer, he participates in the honor of the victors, who at their first entranci" •eceive no compliments, nor VOL. ». — P f\\ m ;i !i ■<\ i ii 58 HISTORY OF NEW-YORK. 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 conquerors is appointed to relate the whole adventure, to which the rest attentively listen, without asking a question, and the whole concludes with a savage dance. The Indians never aght in the field, or upon equal terms, but always skulk and attack, by sur- prise, in small parties, meeting every night at a place of rendezvous. Scarce any enemy can escape them, for by the disposition of the grass and leaves, they follow his track with great speed any where but over a rock. Their barbarity is shocking to human nature. Women and children they generally kill and scalp, because they would retard their progress, but the men they carry into captivity. 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 esteemed a msmber of the family into which he is adopted To part with him would be the most ignominious conduct, and considered as selling the blood of the deceased ; and, for this reason, it is not without the greatest difficulty 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, beau- tifully 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 iV HISTORY OF NEW-YORK. 69 ir makes his proposals to the enemy, who, if they approve them, ratify the preliminaries to the peace, by smoking through the pipe, and from that in- stant, a general cessation of arms takes place. The French call it a Calumet. It is used, as far as I can learn, by all the Indian nations upon the conti- nent. The rights of it are esteemed sacred, and have only been invaded by the Flat Heads ; in just indignation for which, the Confederates maintained a war with them for near thirty years. As to the language of the Five Nations, the best account I have had of it, is contained in a letter from the Rev. Mr. Spencer, Who resided iimongst them in the year 1748, being then a missionary from the Scotch Society for propagating Christian Knowledge. He writes thus : " Sir, Though I was very desirous of learning the Indian tongue, yet through my short residence at Onoughquage, and the surly disposition of my interpreter, I confess my proficiency was not great. "Except the Tuscaroras, all the Six Nations speak a language radically the same. It is very masculine and sonorous, abounding with gutturals and strong aspirations, but without labials. Its solemn grave tone is owing to the generosity of its feet, as you will observe in the following transla- tion of the Lord's Prayer, in which I have distin- guished the time of every syllable by the common marks used in prosody.* I, ! i * If we had a good dictionary, marking the quantity as well as emphasis ol' every syllable in the English language, it would conduce to an accuracy and uniformity of pronunciation. The dignity of style, so far as the ear is concern- ed, consists principally in generous loot; and perhaps it may be a just remark, that no sentenre. unless in a dialogue, ends well without n full sound ; Gordon 60 IIISTORV OF NEW- YORK. «j - -. o — — u - " Soungwauneha, caurounkyawga, tehseotaroan, sauhsoncyousta, esa, sawant you, Okottauhsela, ch- neauwoung. iia, caurounkyawga, nughwonshauga, ncattewehnesalauga,taugwaunautoronoantough8ick, toantaugweleewheyoustaung, cl;•:* !,;•"■ -.\■v:.^ HISTORY OF NEW-YORK. Dongan surpassed all his predecessors, in a due attention to our affairs with the Indians, by whom he was highly esteemed. It must be remembered to his honour, thnt 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 Popish cause, but in reality to gain them over to a French interest ; yet he forbid the Five Nations to entertain them. The Jesuits, how- ever, had no small success. Their proselytes are called Praying Indians, or Caghnuagaes, and reside now in Canada, at the Fall of St. Louis, opposite to Montreal. This village was begun in 1671, and consists of such of the Five Nations, as have for- merly been drawn away by the intrigues of the French priests, in the times of Lovelace and Andross, who seem to have paid no attention to our Indian affairs.* It was owing to the instigation also of these priests, that the Five Nations about this time, committed hostilities on the back parts of Maryland .md Virginia, which occasioned a grand convention at Albany, in the year 1684. Lord Howard of Effingham, the governor of Virginia, was present, and made a covenant with them for preventing further depredations, towards the ac- complishment of which Colonel Dongan was very instrumental. t Doctor Golden has published this treaty at large, but as it hpi^ no immediate connec- tion with the affairs of this province, I beg leave to * Gf lato, some others of the Confederates have been allured to settle at Os- wegatchi, called by the French, la Gallette, near fifty miles below Frontenac. General Siiirley's emissaries from Oswego, in 1755, prevailed with screral of these families to return to their old habitations. ■* This.covenant was ratified in 1685, and at several times since, * ci 1 /^ / . :fi mmi^mi 70 HISTORY OP NEW-YORK. id refer the reader for a full account of it to his His- tory of the Five Nations. While Lord Howard was at Albany, a messenger from De la Barre, then governor of Canada, arrived there, complaining of the Seneca Indians, for in- terrupting the French in their trade with the more distant Indians, commonly included among us by the general name of the Far Nations.^ Colonel Dongan, to whom the message was sent, commu- nicated it to the Senecas, who admitted the charge, but justified their conduct, alleging, that the French supplied arms and ammunition to the Twightwies,t with whom they were then at war. De la Barre, at the sp.me time, meditating nothing less than the total desi ition of the Five Natiofls, proceeded with an army J 1,700 men to the Lake Ontario. Mighty preparatic : were made to obtain the desired suc- cess : fresh troops were imported from France, and a letter procu'^'^d from the duke of York to colonel Dongan, commanding him to lay no obstacles in the way. The officers posted in the out forts, even as far as Messilimakinac, were ordered to rendezvous at Niagara, with all the Western Indians they could engage. Dongan, regardless of the duke's orders, apprised the Indians of the French designs, and promised to assist them. After six weeks delay at Fort Frontenac, dur:ng which time a great sickness, occasioned by bad provisions, broke out in the French army, De la Barre found it necessary to * By the Far Nations, are meant all those numerous tribes inJiabiting the countries on both sides of the lakes Huron and Erie, westward as far as the Missisippi, and the southern country along tho b&nks cf the Ohio, and its branches. + By the French called Miamies. HISTORY OP NEW-YORK. 71 i 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 Indians, by all means to prevent them from attend- ing the treaty. The Mohawks and Senecas ac- cordingly refused to meet De la Barre, but the Oneidas, Onondagas, and Cayugas, influenced by the missionaries, were unwiLing to hear the inter- preter, except before the priests, one La Maine, and three other Frenchmen, and afterwards waited upon the French governor. Two days after their arrival in the camp, Monsieur De la Barre address- ing himself to Garrangula, an Onondaga chiefj made the following speech, the Indians and French officers at the same time forming a circle round about him. " The king, my master, being informed that the Five Nations have often infringed the peace, has ordered me to come hither with a guard, and to send Ohguesse to the Onondagas, to bring the chief sachems to my camp. The intention of the great king is, that you and I may smoke the calumet of peace together ; but on this condition, that you promise me, in the name of the Senecas, Cayugas, Onondagas, and Mohawks, to give entire satisfac- tion and reparation to his subjects, and for the future, never to molest fhem. " The Senecas, Cayugas, Onondagas, Oneidas, and Mohawks, have robbed and abused all the traders that were passing to the Illinois and Miamies, and other Indian nations, the children of my king. They have acted on these occasions, contrary to the treaty ' \ s:rt.«5? ■^-aaraifii. ■■i^^iiiJiu «*i»»*.>i...... 72 HISTORY OF NEW-YORK. 1: of peace with my predecessor. I am ordered, there- fore, to demand satisfaction, and to tell them, that in case of refusal, or their plundering us any more, that I have express orders to declare war. This belt confirms ray words. The warriors of the Five Nations have conducted the English into the lakes, which belong to the king, my master, and brought the English among the nHtions that are his children, to destroy the trade of his subjects, and to withdraw these nations from him. They have carried the English thither, notwithstanding the prohibition of the late governor of New -York, who foresaw the risk that both they and you would run. I am wil- ling to forget those things, but if ever the like shall happen for the future, I have express orders to declare war against you. This belt confirms my words. Your warriors have made several barbarous incursions on the Illinois and Miamies ; they have massacred men, women, and children, and have made many of these nations prisoners, who thought themselves safe in their villages in time of peace ; these people, who ce my king's children, must not be your slaves ; you must give them their liberty, and send them back into their own country. If the Five Nations shall refuse to do this, I have express orders to declare war against them. This belt con- firms my words. " This is what I have to say to Garrangula, that he may carry to the Senecas, Onondagas, Oneidas, Cayugas, and Mohawks, the declaration which the king, my master, has commanded me to make. He doth not wish tliem to force him to send a great army to Cadaracijui Fort, to begin a war, which must be h HISTORY OF NEW-YORK. 78 bf; fatal to them. He would be sorry that this fort, that teas the work ofpea^e, should become the prison of your warriors. Wo must endeavour, on both sides, to prevent such misfortunes. Tb*^ French, who are the brethren and friends of ihfc Five Na- tions, will never trouble thei >^po8e, provided that the satisfaction which I demand, be give%; and that the treaties of peace be hereafter observed. I shall be extremely grieved, if my words do not produce the effect which I expect from them ; for thon I shall be obliged to join with the governor of New- York, who is commanded by his master to assist me, and burn the castles of the Five Nations, and destroy you. This belt confirms my words. Ganangula heard these threats with contempt, because he had learnt the distressed state of the French army, and knew that they were incapable of executing the designs with which they set out ; and, therefore, after walking five or six times round the circle, he answered the French governor, who sat in an elbow chair, in the following strain : " Yonnondio, I honour you, and the warriors that are with me likewise honour you. Your interpreter has finished your speech ; I now begin mine. My words make haste to reach your ears : hearken to them. " Yonnondio, you must have believed, when you left Quebec, that the sun had burnt up all the forests, which render our country inaccessible to the French, or that the lakes had so far overflown tlie banks, that they had surrounded our castles, and that it was impossible for us to get out of them. Yes, Yonnondio, surely you must have dreamt so, vol.. I.— 10 fUr- 74 HIMTOUY OF NEW-YOKK. I ^11 It and the curiosity of seeing so great a wonder has brought you so far. Now you are undeceived , since that I and the warriors here present, are come to assure you, that the Senecan Opyijgas, Oiiondagas, Oneidas, and Mohawks, are yet alive. I thank you, in their name^ for bringing back into their country Uie calumet, which your predecessor re- ceived from their hands. It was happy for you, that you lefl under ground that murdering hatchet that has been so often dyed in the blood of the French. Hear, Yonnondio, I do not sleep, I have my eyes open, and the sun, which enlightens me, discovers to me a great captain at the head v>f a company of soldiers, who speaks as if he were dreaming. He says that he only came to the luke to smoke on the great calumet with tlie Onondagas. But Garrangula says, that he sees the contrary, that it was to knock them on the head, if sickness had not weakened ilie 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. Bear, Yonnondio, our women had taken their clubi^, our children and old men had carried their bows and arn^ws into the heart of your camp, if our warriors had not disarmed them, and kept them back, when your messenger, Ohguesse, came to our castles. It is done, and I have said it. H?ar, Yonnondio, we plundered none of the French, but those that carried guns, powder, and ball to the Twightwies and Chictaghicks, because those arms might have cost us our lives. Herein we follow the example of the Jesuits, who stave all the kegs of rum brought to our castles, lest the drunken Indians II18TOUY OF NKW-YOHK. 76 should knock them on the head. Our warriors have n\j>t beaver enough to pay for all these; arms that they have taken, and our old men are not afraid of the war. This belt preserves my words. " We carried the English into our lakes to trade there with the Utawawas and Quatoghies, as the Adirondacks brought the French to our castl, a, to carry on the trade, which the English- say is thcii-s. We are born free ; we neither depend oi i • ^H'i nor Corlear. " We may go where wo please, and h us whom we please, and buy and sell ^ please : if your allies be your slaves, use th as such, command them to receive no other but your people. This belt preserves my words. " We knocked the Twightwiea and Chictaghicks on the head, because they had cut down the trees of peace, which were the limits of our country. They have hunted beavers on our lands : they have acted contrary to the customs of all Indians ; for they left none of the beavers alive, they killed both male and female. They brought the Satanas* into the coun- try to take part with them, after they had concerted ill designs against us. We have done less than either the English or French, that have usurped the lands of so many Indian nations, and chased them from their own country. This belt preserves my words. " Hear, Yonnondio, what I say is the voice of all the Five Nations. Hear what they answer — open your ears to what they speak. The Senecas, Cayu- I * By the French called Sauounons. . ^t — •".fc.vilf:'" „*J»&5i; L;^crE»aj*s MM* -^ty J .., ; ,. .. ,-.,, IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1^128 |2.5 ■ 50 *^^ MliH ■^ IM |2.2 J!f 144 ""« 1^0 111112.0 1.8 1.25 ||U III 1.6 < 6" ► jAv %% 4"*.% '/ Photographic Sciences Corporation 23 WIST MAIN STREET WEBSTER, N.Y. 14580 (716) S73-4S03 \ if / f, < i I ! 76 HISTOIlY OF NEW-YORK. gas^ Onondagaa, Oneidas, and MohaWks say, that when they buried the hatchet at Cadaracqui, (in the pi^sehoe of your predecessor,) in the middle of the forty they planted the tree of peace in the same place, to be there carefully preserved, that in plaibe of a retreat for soldiers, that fort might be a ren- deETous for merchahts : that in place of artns and ammuhition of War, beavers and merchandise should CHily enter therti. ** 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> yoii should stop its growth and prevent its covering your country and ours with itd branches. I assure you, in the name of the Five Nations, that our warriora shall dance to the calumet of peace under its leaves, and shall remain quiet on their lAatts, and s^.all 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 belt preserves my words, and this other, the autho- rity which the Five Nations have given me." Then Garriuigula, addressing himself to Monsieur La Main, said, " Take courage Ohguesse, you have 8]f»i)^t, speak, explain my words, forget nothing, tell all that your brethren and friends say to Yonnondio^ your governor, by the mouth of Garrangula, who \oVeB 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 beaver is sent to Yonnondio, on the jart of the Five Nations." V^WBfc-^ K^ a inHrtX r- Viit^y.^-^ HISTORY OP NEW-YORK. n Entag^d at this bold reply, De la Barfd, as soon as the peace was concluded, retired to Montreal, and ingloriously finished an expensive campaign, as doctor Golden observes, in a scold with aa old Indian. ^ -'■''' ■ '-■^-■^'' v' :-v^iS':<.-^,-'- De la Barre was succeeded by the marquis De Nonville, colonel of the dragoons, who arrived with a reinforcement 6f troops in i6B5. I'he marquis was a man of courage and an enterprising spirit, and not a little animated by the consideration that he Was sent over to repair the disgrace which his predecessor had brought upon the French colony. The year after his arrival at Quebec, he wrote a letter to the minister in France, recommending the scheme of erecting a stone fort sufficient to contain four or five hundred men, at Niagara, not only to exclude the English from the lakes, but to commcuid the fiir trade and subdue the Five Nations Dongan, who was jealous of his designs, took umbrage at the extraordinary supplies sent to Fort Frontenac, and wrote to the French governor, 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 build- ing a fort at Niagara, he protested against it, and claimed the country as dependent upon the province. De Nonvili3, in his answer, denied that he intended to invade the Five Nations, though the necessary preparations for that purpose were then carrying on, and yet Charlevoix commends him for his {uety and uprightness, " egalement estimable (says the Jesuit,) pour sa valeuv^ sa droiture, et sa pieti" Colonel Dongan, who knew the importance of our ] l,^.i^-^-r*-»- Sslii^^iis.: 78 HISTORY OF NEW-YORK. u ^ f i Indian alliance, placed no confidence in the decla- rations of the marquis, but exerted himself in pre- paring the Confederates for a war; and the French author just mentioned, does him honour, while he complains of him as a perpetual obstacle in the way of the execution of their schemes. Our allies were now triumphing in their success over the Chig- taghics, and meditating a war with the Twightwies, who had disturbed them in their beaver-hunting. De Nonville, to prevent the interruption of the French trade with the Twightwies, determined to divert the Five Nations, and carry the war into their country. To that end, in 1687, he collected two thousand troops and six hundred Indians at Mon- treal, and issued orders to all the officers in the more westerly country, to meet him with additional succours at Niagara, on an expedition against the Senecas. An English party under one M'Gregory, at the same time was gone out to trade on the lakes, but the French, notwithstanding the peace then subsisting between the two cro'vns, intercepted them, seized effects and imprisoned their per-f sons. MouHiuUi Tonti, commandant among the Chictaghics, who was coming to the gener^rs ren-f dezvous at Niagara, did the like to another English party which he met with in lake Erie.* The Five Nations, in the mean time, were preparing to give the French army a suitable reception. Monsieur Companie, with two or three hundred Canadians in an advanced party surprised two villages of the 'I' Both thnw attacks were open infhtctions of the treaty at WhitehaU, executed in Norember, 1686 ; by which it was agreed, that the Indian trade in America, ' ■honid be free to the English and French, v. . i. .^'j «^' "-Tias?"" ! I . ' HISTORY OF NEW-YORK. *.*• Confederates, who, at the invitation and on the faith of the French, seated themselves down about eight leagues from lake Cadaracqui or Ontario. To pre- vent their escape with intelligence to their country- men, they were carried to the fort, apd all but thirteen died in torments at the stake, singing with an heroic spirit, in their expiring moments, the perfidy of the French. The rest, according to the express orders of the French king, were sent to the galleys in Europe. The marquis having em- barked his whole army in canoes, set out from the fort at Cadaracqui on the 23d of June, one half of them passing along the north, and the other on the south side of the lake; and both arrived the same day at Tyrondequait, and shortly after set out on their march towards the chief village of the Senecas, at about seven leagues distance. The main body was composed of the regulars and militia; the front and «ear of the Indians and traders. The scouts ad- vanced the second day of their march, as far as the com of the village, and within pistol-sfiot of five hun- dred Senecas, who lay upon their bellies undisco- vered. The French, who imagined the enemy were all fled, quickened their march to overtake the women and old men. But no sooner had they reached the foot of a hill, about a mile from the village, than the Senecas raised the war shout, and in the same instant charged upon the whole army both in the front and rear. Universal confusion ensued. The battalions divided, fired upon each other, and flew into the wood. The Senecas improved the dis- order of the enemy, till they were repulsed by the French Indians. According to Charlevoix's ac- )r> isui;:;:,^:^;^;;**^''^"'*^^ it rt '» r"^'^ r*'*'*"'»ir»'" I 80 HISTORY OF NEW'YORK. % ■■■ count, which may justly be suspected, the enemy lost but six men, and had twenty wounded in the con- flict. Of the Senecas, he says, sixty were wounded and foity*five slain. The marquis was so much dis- pirited, that he could not be persuaded to pursue the enemy that day ; which gave the Benecas an opportunity to bum their village and get off. Two old men remained in the castle to receive the gene- ral, and regale the barbarity of his Indian allies. After destroying the corn in this and several other villages, the army retired to the banks of the lake, and erected a fort with four bastions on the southi> east side of the straits at Niagara, in which they left one hundred men, under the command of Le Chevalier de la Troye, with eight months' provisions; but these being closely blocked up, all, except seven or eight of them, who were accidentally relieved, perished through famine.* Soon after this expedi- tion, colonel Dongan met the Five Nations at Albany. To what intent, appears from the speech he made to them on the 5th of August, which I choose to lay before the reader, to show his vigi- lance and zeal for the interest of his master, and the common weal of the province committed to his care. ■ '--'■. ■■ -^ --< • -■■.''■.:■';-'■.■: k-r ' ''Brethren, I am very glad to see you heio in this house, and am heartily glad that you have ^^m- ,p> » f5ji'r;Si-.:vis^aV: ■'iihCf. H9!.f :j»j. * Nothing cut be mon perfidiou* and unjust, 1 [St. '' P '' ' '* ''f;*^ -'~ HISTORY OF NEW-YOHK. at sustained no greater loss by the French, though I believe it was their intention to destroy you all, if they could have surprised you in your castles. • <'k < "As soon as I heard their design to war with you, I gave you notice, and came up hither myself, that I might be ready to give all the assistance and advice that so short a tiaie would allow me. ■-•^ *' I am now about sending a gentleman to Eng- land, 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 subjects. I, therefore, would willingly know, whether the brethren have given the governor 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 matter. This business may cause a war between the king of England, and the French king, both in Europe and here, and therefore I must know the truth. " I know the governor of Canada dare not enter into 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, made a covenant- chain with the French, contrary to my command, which I knew could not hold long, being void of itself among Christians ; for as much as subjects (as you are) ought not to treat with any foreign nation, it not lying in your power. You have brought this trouble on yourselves, and, as I believe, this is the only reason of their falling on you at this I time. VOL. I. — 1 1 ^A . ■fViiS*-****'"*''**!^ 82 HISTORY OF NEW-YORK. ** Brethren, I took it very ill, that after you had put yourselves into the number of the great king of England's subjects, you should ever offer to make peace or war, without my consent. You know that we can live without you, but you cannot live with- out us ; you never found that I told you a lie, and I offered you the assistance you wanted, provided that you would be advised by me ; for I know the French better than any of you do. " Now since there is a war begun upon you by the governor of Canada, I hope without any provo- cation by you given, 1 desire and command you, that you hearken to no treaty but by my advice ; which if you follow, you shall have the benefit of the great chain of friendship between the great king of England, and the king of France, which came out of England the other day, and which I have sent to Canada by Anthony le Junard ; in the mean time, I will give you such advice as will be for your good ; and will supply you with such necessaries as you will have need of. '* Ist. My advice is, as to what prisoners of the French you shall take, that you draw not their blood, but bring them home, and keep them to exchange for your people, which they have prisoners already, or may take hereafter. " 2dly. That, if it be possible that you can order it so, I would fiave you take one or two of your wisest sachems, and one or two of your chief captains of each nation, to be a council to manage all affairs of the war. They to give orders to the rest of the officers what they are to do, that your V '■^m^. ..jiSKS!,!^ IIISTOKY OF NEW-YORK. 89 designs may be kept private ; tor afler it comes among so many people, it is blazed abroad, and your designs are oflen frustrated ; and those chief men should keep a correspondence with me by a trusty messenger. — ., -, " 3dly. The great matter under consideration with the brethren is, how to strengthen themselvesy and weaken their enemy. My opinion is, that the brethren should send messengers to the Utawawas, Twightwies,^ and the farther Indians, and to send back likewise some of the prisoners of these na- tions, if you have any left, to bury the hatchet, and to make a covenant-chain, that they may put away all the French that are among them, and that you will open a path for them this way (they being the king of England's subjects likewise, though the French have been admitted to trade with them ; for all that the French have in Canada, they had it of the great king of England,) that, by that means, they may come hither freely, where they may have every thing cheaper than among the French : that you and they may join together against the French, and make so firm a league, that whoever is an enemy to one, must be to both. **4thly. An( ? «r thing of concern is, that you ought to do what you can to open a path for all the north Indians and Mahikanders that are among the Utawawas and further nations. I will endeavour to do the same to bring them home. For, they not daring to return home your way, the French keep them there on purpose to join with the other nations against you, for your destruction ; for you know that one of them is worse than six of the others ; there- [pi;i^L"^^ ^£ :1 to a g3 £a I^.__k. 84 IIIHTORY OF NEW-YORK. fore all means must be used to bring them home, and use them kindly as they pass through your country. "5thly. My advice further is, that messengers go, in behalf of all the Five Nations, to the Christian Indians at Canada, to persuade them to come home to their native country. This will be another great means to weaken your enemy ; but if they will not be advised, you know what to do with them. " 6thly. I think it very necessary, .for the bre- thren's security and assistance, and to the enda- maging the French, to build a fort upon the lake, where I may keep stores and provisions in case of necessity ; and therefore I would have the brethren let me know what place will be most convenient for it. *' 7thly. I would not have the brethren keep their corn in their castles, as I hear the Onondagas do, but bury it a great way in the woods, where few people may know where it is, for fear of such an accident as has happened to the Senecas. " 8thly. I have given my advice in your general assembly, by Mr. Dirk Wessels and Akus, the interpreter, how you are to manage your parties, and how necessary it is to get prisoners, to exchange for your own men that are prisoners with the French, and I am glad to hear that the brethren are so united as Mr. Dirk Wessels tells me you are, and that there was no rotten members nor French spies among you. " 9thly. The brethren may remember my advice, which I sent you this spring, not to go to Cada- racqui; if you had, they would have served you, as ■'i'^^liM^iL*^.. 3ri; HISTORY OF NEW-YORK. 85 they did your people that came from hunting thither, for I told you that I know the French better than you did. - . " lOthly. There was no advice or proposition that I made to the brethren all the time that the priest lived at Onondaga, but what he wrote to Canada, as I found by one of his letters, which he gave to an Indian to carry to Canada, but which was brought hither ; therefore, I desire the brethren not to receive him, or any French priest any more, having sent for English priests, with whom you may be supplied to your content. "Uthly. I would have the brethren look out sharp, for fear of being surprised. I believe all the strength of the French will be at their frontier places, viz. at Cadaracqui and Oniagara. where they have built a fort now, and at Trois Rivieres, Mon- treal, and Chambly. " 12thly. Let me put you in mind again, not to make any treaties without my means, which will be more advantageous for you, than your doing it by yourselves, for then you will be looked upon as the king of England's subjects ; and let me know, from time to time, every thing that is done. ' " Thus far I have spoken to you relating to the »» war. Not long after this interview, a considerable party of Mohawks and Mahikanders, or River In- dians, beset Fort Chambly, burnt several houses, and returned with many captives to Albany. Forty Onondagas, about the same time, surprised a few soldiers near Fort Frontenac, whom they confined instead of the Indians sent home to the galleys, •■■'^'itf' 1II8TORY OF NEW- YORK. I ! notwithstanding the utmost address was used to regain thorn, by Lamberville, a French priest, who delivered them two belts, to engage their kindness to the prisomtrs, and prevent their joining the quarrel with the Senecas. The belts being sent to colonel Dongan, he wrote to De Nonville, to demand the reason of their being delivered. Pere le Vail- lant was sent here about the beginning of the year 1688, under colour of bringing an answer, but in reality as a spy. Colonel Dongan told him, that no peace could be made with the Five Nations, unless the Indians sent to the Galleys, and the Caghnuaga proselytes were returned to their re- spective cantons, the forts at Niagara and Frontenac razed, and the Senecas had satisfaction made them for the damage they had sustained. The Jesuit, in his return, was ordered not to visit the Mohawks. Dongan, who was fully sensible of the importance of the Indian interest to the English colonies, was for compelling the French to apply to him in all their affairs with the Five Nations ; while they, on the other hand, were for treating with them inde- pendent of the English. For this reason, among others, he refused them the assistance they fre- quently required, till they acknowledged the de- pendence of the Confederates on the English crown. King James, a poor bigotted, popish, priest-ridden prince, ordered his governor to give up this point, and to persuade the Five Nations to send messen- gers to Canada, to receive proposals of peace from the French. For this purpose, a cessation of arms and mutual le-delivery of prisoners was agreed upon. Near 1,200 of the Confederates attended this ne- " "^ ' ^"^^VWjftM|^^^5*E2*^ '*••— MIRTORY OF NEW-YORK. •7 gotiation at Montreal, and in their speech to De Nonville, insisted with great resolution, upon the terms proposed by colonel Dongan to father Le Vaillant- The French governor declared his wil- lingness to put an end to the war, if all his allies might be included in the treaty of peace, if the Mohawks and Benecas would send deputies to signify their concurrence, and the French might supply Fort Frontenac with provisions. The Con- federates, according to the French accounts, acceded to these conditions, and the treaty was ratified in the field. But a new rupture not long afler ensued, from a cause entirely unsuspected. The Dinon- dadies had lately inclined to the English trade at Missilimakinac, and their alliance was therefore become suspected by the French. Adario, their chief, thought to regain the ancient confidence, which had been reposed in his countrymen, by a notable action against the Five Nations; and for that purpose put himself at the head of one hundred men. Nothing was more disagreeable to him, than the prospect of peace between the French and the Confederates ; for that event would not only render the amity of the Dinondadies useless, but give the French an opportunity of resenting their late fa- vourable conduct towards the English. Impressed with these sentiments, out of affection to his country, he intercepted the ambassadors of the Five Nations, at one of the falls in Cadaracqui river, killed some, and took others prisoners, telling them that the French governor had informed him, that fifty war- riors of the Five Nations were coming that way. As the Dinondadies and Confederates were then at war, ■^z-':i,- 88 HISTORY OF NEW-YOKK. /;■ the ambassadors were astonished at the perfidy of the French governor, and could fiot help commu- nicating the design of their journey. Adario, in prosecution of his crafty scheme, counterfeited the utmost distress, anger, and shame, on being made the ignominious tool of De Nonville's treachery, and addressing himself to Dekanesora, the principal ambassador, said to him, <* Go, my brethren, 1 untie your bonds, and send you home again, though our nations be at wdr. The French governor has made me commit so black an action, that I shall never be easy after it, till the Five Nations shall have taken full revenge." This outrage and indignity upon the rights of ambassadors, the truth of which they did not in the least doubt, animated the Confederates to the keenest thirst after revenge ; and, accordingly, 1,200 of their men, on the 26th of July, 1688, landed on the south side of the island of Montreal, while the French were in perfect security; burnt their houses, sacked their plantations, and put to the sword all the men, women, and children, without the skirts of the town. A thousand French were sledn in this invasion, and twenty-six carried into captivity, and burnt alive. Many more were made prisoners in another attack in October, and the lower part of the island wholly destroyed. Only three of the Confederates were lost, in all this scene of misery and desolation.^ Never before did Canada sustain such a heavy i '\ * I have followed Dr. Coldon in the account of this attack, who diiTera from Charlevoix. That Jesuit *je\]a us, that the invasion was late in August, and the Indians 1500 strong ; and as to the loss of the French, he diminishes it only to tfl(o hundred souls. .:^- HISTORY OP NEW-YORK. 89 in blow. The news of this attack on Montreal no sooner reached the garrison at the Lake OntariOi than they set fire to the two barks, which they had built there, and abando' od the fort, leaving a match to twenty-eight barrels of powder, designed to blow up the 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, seised the fort, the powder, and the stores ; and of all the French allies, who were vastly numerous, only the Nepicirinians and Kiapous adhered to them in their calamities. The Utawawas, and seven other nations, instantly made peace with the English ; and but for the un- common sagacity and address of the Sieur Perot, the Western Indians would have murdered every Frenchman amongst them. Nor did the distresses of the Canadians end here. Numerous scouts from the Five Nations, continually infested their borders. The frequent depredations that were made, pre- vented them from the cultivation of their fields, and a distressing famine raged through the whole coun- try. Nothing but the ignorance of the Indians, in the art of attacking fortified places, saved Canada from being now utterly cut off. It was, therefore, unspeakably fortunate to the French, that the In- dians had no assistance from the English, and as unfortunate to us, that our colonies were then in- capable of affording succours to the Confederates, through the malignant influence 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, VOL. I. — 12 iJH»i*'**f J |i . ' ^li 90 HISTORY OP IVEW-VORIv. did all that he could in those relating to the In- dians, and fell at last into the king^s displeasure, through his zeal for the true interest of the province. While these things were transacting in Canada, a scene of the greatest importance was opening at New- York. A general disaffection to the govern- ment prevailed among the people. Papists began to settle in the colony under the smiles of the go- vernor. The collector of the revenues, and several principal officers, threw off the mask, and openly avowed their attachment 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 were disappointed in their expectation of mighty boons promised by the governor on his arrival, were become his personal enemies ; and in a word, the whole body of the people trembled for the Protestant cause. Here the leaven of opposition first began to work. Their intelligence from Eng- land, of the designs there in favour of the prince of Orange, blew up the coals of discontent, and elevated the hopes of the disaffected. But no man dared to spring into action, till after the rupture in Boston. Sir Edmund Andross, who was perfectly devoted to the arbitrary measures of king James, by his tyranny in New-England, had drawn upon himself the universal odium of a people, animated with the love of liberty, and in the defence of it resolute and courageous ; and, therefore, when they could no longer endure his despotic rule, they seized and imprisoned him, and afterwards sent him to Eng- land. The government, in the mean time, was vested in the hands of a committee for the safety HISTORY OF NEW-YORK. 91 of the people, of which Mr. Bradstreet was chosen president. Upon the news of this event, several captains of our militia convened themselves to con- cert measures in favour of the prince of Orange. Amongst these, Jacob Leisler was the most active. He was a man in tolerable esteem among the people, and of a moderate fortune, but destitute of every qualification necessary for the enterprise. Milborne, his son-in-law, an Englishman, directed all his councils, while Leisler as absolutely influ- enced the other officers. The first thing they contrived, was to seize the garrison in New- York ; and the custom, at that time, of guarding it every night by the militia, gave Leisler a fine opportunity of executing the design. He entered it with forty-nine men, and determined to hold it till the whole militia should join him. Colonel Dongan, who was about to leave the pro- vince, then lay embarked in the bay, having a little before resigned the government to Francis Nichol- son, the lieutenant-governor. The council, civil officers, and magistrates of the city, were against Leisler, and therefore many of his friends were at first fearful of openly espousing a cause disap- proved by the gentlemen of figure. For this reason, Leisler's first declaration in favour of the prince of Orange, was subscribed only by a few, among several companies of the trained bands. While the people, for four days successively, were in the utmost perplexity to determine what part to choose, being solicited by Leisler on the one hand, and threatened by the Heutenant-governor on the other, the town was alarmed with a report, that three am-^-'t-'> ' 92 HISTORY OF NEW-YORK. I If Wty isi V ships were coming up with orders 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 aug- mented by the addition of six captains and four hundred men in New- York, and a company of seventy men from East-Chester, who all subscribed a second declaration,* mutually covenanting to hold the fort for the prince. Colonel Dongan continued 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-governor himself absconding, the very night after the last declaration was signed. Leisler being now in complete possession of the fort, sent home an address to king William and queen Mary, as soon as he received the news of their accession to the throne. It is a tedious, in- correct, ill-drawn narrative of the grievances which the people had endured, and the methods lately taken to secure themselves, ending with a recog- nition of the sovereignty of the king and queen over the whole English dominions. 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 garrison, 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 3toll, an ensign, on the delivery of this letter See note 1 HISTORY OF NEW-YORK. 93 to the king, had the honour to kiss his majesty's hand, but Nicholson, the lieutenant-goveraor, and one Ennis, an episcopal clergyman, arrived in England before him ; and by falsely representing 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 party missed the rewards and notice, which their activity for the revolution justly deserved. For though the king made StoU 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 preferred to the government of Virginia. Dongan returned to Ireland, and it is said succeeded to the earldom of Limerick. Leisler's sudden investiture with supreme power over the province, and the probable prospects of king William's approbation of his conduct, could not but excite the envy and jealousy of the late council and magistrates, who had refused to join in the glorious work of the revolution ; and hence the spring of all their aversion, both to the man and his measures. Colonel Bayard, and Courtland, the mayor of the city, were at the head of his op- ponents, and finding it impossible to raise a party against him in the city, they very early retired to Albany, and thei-e endeavoured to foment the oppo- sition. Leisler, on the other hand, fearful of their influence, and to extinguish the jealousy of the people, thought it prudent to admit several trusty persons to a participation of that power, which the militia, on the Ist of July, had committed solely to himself. In conjunction with these, (who, after the m n 94 HISTORY OP NEW-YORK. Boston example, were called The Committee of Safety,) he exercised the government, assuming to himself only, the honour of being president in their councils. This model continued till the month of December, when a packet arrived with a letter from the lords Carmarthen, Halifax, and others, directed " To Francis Nicholson, Esq., or in his absence, to such as for the time being, take care for preserving the peace and administering the laws, in their ma- jesties' province of New- York, in America." This letter was dated the 29th of July, and was accom- panied with another from lord Nottingham, dated the next day, which after empowering Nicholson to take upon him the chief command, and to appoint for his assistance as many of the principal free- holders and inhabitants as he should think fit, requiring also " to do every thing appertaining to the office of lieutenant-governor, according to the laws and customs of New- York, until further orders." Nicholson being absconded when this packet came to hand, Leisler considered the letter as directed to himself, and from this time issued all kinds of commissions in his own name, assuming the title, as well as authority, of lieutenant-governor. On the 11th of December, he summoned the Com- mittee of Safety, and agreeable to their advice, swore the following persons for his council: — Peter de Lanoy, Samuel Staats, Hendrick Jansen, and Johannes Vermilie, for New- York ; Gerard us Beekman, for King's County ; for Queen's County, Samuel Edsel; Thomas Williams, for West Chester, and William Lawrence, for Orange County. Except the eastern inhabitants of Long Island, III8T0RY OF NEW- YORK. 95 /'I. Ivice, 3il:— iinsen, [ardus )unty, tester, sland, all the southern part of the colony cheerfully sub- mitted to Leisler's command. The principal free- holders, however, by respectful letters, gave him hopes of their submission, and thereby prevented his betaking himself to arms, while they were pri- vately soliciting the colony of Connecticut to take them under its jurisdiction. They had, indeed, no aversion to Leisler's authority, in favour of any other party in the province, but were willing to be incorporated with a people, from whence they had originally colonised; and, therefore, as soon as Connecticut declined their request, they openly appeared to be advocates for Leisler. At . this juncture the Long Island representation was drawn up, which I have more than once had occasion to mention. The people of Albany, in the mean time, were determined to hold the garrison and city for king William, independent of Leisler, and on the S?6tli of October, which was before the packet arrived from lord Nottingham, formed themselves into a convention for that purpose. As Leisler's attempt to reduce this country to his command, was the original cause of the future divisions in the province, and in the end brought about his own ruin, it may not be improper to see the resolution of the convention, a copy of which was sent down to him, at large. " Petee Schuyler, Mayor ; Dirk Wessels, Re- corder ; Jan Wendal, Jan Jansen Bleeker, Claes Ripse, David Schuyler, Albert Ryck- MAN, Aldermen, Killian V. Renslaer, Justice ; Capt. Marte Gerritse, Justice ; Capt. Gerrit u y\ ':/ . ) li'Uiit-'<-'-- VKii.til-*^ ^ M . •«»*•».. 96 HISTORY OF NEW-YORK. Teunissb; Dirk Teunise, Justice; Lieui. Ho- BERT Saunders, John Cuyler, Gerrit RyersEi Evert Banker, Rynier Barentse. t^ " Resohedf since we are informed by persons coming from New-York, that captain Jacob Leisler is designed to send up a company of armed men, upon pretence to assist us in this country, who intend to make themselves master of their majes- ties' fort and this city, and carry divers persons and chief officers of this city prisoners to New- York, and so disquiet and disturb their majesties' liege people, that a letter be writ to alderman Levinus Van Schaic, now at New- York, and lieutenant Jochim Staetsy to make narrow inquiry of the busi- ness, and to signify to the said Leisler, that we have received such information ; and withal acquaint him, that notwithstanding we have the assistance of ninety-five men from our neighbours of New- England, who are now gone for, and one hundred men upon occasion, to command, from the county of Ulster, which we think will be sufficient this winter, yet we will willingly accept any such assis- tance as they shall be pleased to send for the defence of their majesties' county of Albany: provided they be obedient to, and obey such orders and commands as they shall, from time to time, receive from the convention ; and that by no means they will be admitted to have the command of their majesties' fort or this city ; which we intend, by God's assis- tance, to keep and preserve for the behoof of their majesties, William and Mary, king and queen of England, as we hitherto have done since their pro- ■k HISTORY OF NEW-YOKK. 97 clamation ; and if you hear that they persevere with such intentions, so to disturb the inhabitants of this county, that you then, in the name and behalf of the convention and inhabitants of the city and county of Albany, protest against the said Leisler, and all such persons that shall make attempt, for all losses, damages, bloodshed, or whatsoever mischiefs may ensue thereon ; which you are to communicate with all speed, as you perceive their design." , 1 *t:< Vi Taking it for granted that Leisler at New- York, and the convention at Albany, were equally affected to the revolution, nothing could be more egrcgiously foolish, than the conduct of both parties, who by their intestine divisions, threw the province into convulsions, and sowed the seeds of mutual hatred and animosity, which for a long time after, greatly embarrassed the public affairs of the colony. When Albany declared for the prince of Orange, there was nothing else that Leisler could properly require; and rather than sacrifice the public peace of the province, to the trifling honour of resisting a man who had no evil designs, Albany ought, in prudence, to have delivered the garrison into his hands, till the king^s definitive orders should arrive. But while Leisler, on the one hand, was inebriated with his new-gotten power, so on the other, Bayer, Court- land, Schuyler, and others, could not brook a sub- mission to the authority of a man, mean in his abilities, and inferior in his degree. Animated by these principles, both parties prepared, the one to reduce, if I may use the expression, the other to retain, the garrison of Albany. Mr. Livingston, a VOL. I. — 13 /' '.' ■ / , •Mfnii i ii^ -^~: - 98 HISTORY OP NEW-YORK. if I < principal agent for the convention, retired into Connecticut, to solicit the aid of that colony, for the protection of the frontiers against the French. Leisler suspecting that they were to be used against him, endeavoured not only to prevent these supplies, but wrote letters to have Livingston apprehended as an enemy to tl^e reigning powers, and to procure succours from Boston, falsely represented the con- vention as in the interest of the French and king James. • Jacob Milborne was commissioned for the reduc- tion of Albany. Upon his arrival there, a great number of the inhabitants armed themselves and repaired to the fort, then commanded by Mr. Schuy- ler, while many others followed the other members of the convention, to a conference with him at the city-hall. Milborne, to proselyte the crowd, de- claimed much against king James, popery, and arbitrary power ; but his oratory was lost upon the hearers, who after several meetings, still adhered to the convention. Milborne then advanced with a few men up to the fort, and Mr. Schuyler had the utmost difficulty to prevent both his own men, and the Mohawks, who were then in Albany, and per- fectly devoted to his service, from firing upon Mil- borne's party, which consisted of an inconsider- able number. In these circumstances, he thought proper to retreat, and soon after departed from Albany. In the spring, he commanded another party upon the same errand, and the distress of the country on an Indian irruption, gave him all the desired success. No sooner was he possessed of the garrison, than most of the principal members IIIOTORY or JXEW-YOUK. 09 of the convention absconded. Upon which, their effects were arbitrarily seized and confiscated, which BO highly exasperated the sufferers, that their pos- terity, to this day, cannot speak of these troubles, without the bitterest invectives against Leisler and all his adherents. In the midst of those intestine confusions at New- York, the people of New-England were en- gaged in a war with the Owenagungas, Ourages, and Penocoks. Between these and the Bchakook Indians, there was then a friendly communication, and the same was suspected of the Mohawks, among whom some of the Owenagungas had taken sanc- tuary. This gave rise to a conference between several commissioners from Boston, Plymouth, and Connecticut, and the Five Nations, at Albany, in September, 1689, the former endeavouring to en- gage the latter against those Eastern Indians, who were then at war with the New-England colonies. Tahajadoris, a Mohawk sachem, in a long oration, answered the English message, and however im- probable it may seem to Europeans, repeated all that had been said the preceding day. The art they have in assisting their memories is this : — The sachem who presides, has a bundle of sticks pre- pared for the purpose, and at the close of every principal article of the message delivered to them, gives a stick to another sachem charging him with the remembrance of it. By this means the orator, after a previous conference with the Indians, is prepared to repeat every part of the message, and give it its proper reply. This custom is invariably pursued in all their public treaties. 100 HISTORY OF NEW- YORK. I'J \\ The oonference did not answer the expectation of the people of New-England, the Five Nations discovering a great disinclination to join in the hostilities against the Eastern Indians. To atone for which, they gave the highest protestations of their willingness to distress the French, against whom the English had declared war on the 7th of May preceding. That part of the speech ratifying their friendship with the English colonien, i^ sin- gularly expressed. " We promise to ^.vs« rv< the chain inviolably, and wish that the awa may UiWays shine in peace over all our heni'..^ thut i^ compre- hended in this chain. ^ We "■•'; two belts. One for the sun, and the other for itu beams. We make fast the roots of the tree of peace and tranquillity which is planted 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 gover- nor of Canada's power to shake this tree, which has been so firmly and long planted with us." Nothing could have been more advantageous to these colonies, and especially to New- York, than the late success of the Five Nations against Canada. The miseries to which the French were reduced, rendered us secure against their inroads, till the work of the revolution wa^ in a great measure accomplished; and to their u -' v'ed condition, we must princi- pally ascribb 'in \it- at of thj ^rench design, about if ft * The Indian conception of the lea^e between them and us, is couched under the idea of a chain extended from a ship to a ttee, and every renewal of thi^ league they call brightening the chain. III8T0HY Ol' NKW-VOUh. 101 this time, to make a conquest of tht; province. De Calliers, who went to France in 1688, first project- nd the schcnio* ; and the trouMea in England en- couraged the French Court to make the attempt. C'uffiniero commanded the ships, which sailed for that purpufio from Rocheforf ; subject, n<;vertheless, to the Count de Ffontenac, who was general of the land forces, destined to march from ' tnada by the route of Sorol-Rivor and the Lake V\, tnplain. The fleet and troops arrived at Chcbucta, tl» i»lace of rendezvous, in tr^ptember ; from whenc( the count proceeded to Quebec, leaving or' ■ H 1 .*.> . . % 104 HISTORY OP NEW-YORK. /' i \^ i After two and twenty days' march, the enemy fell in with Schenectady, on the 8th of February; and were reduced to such straits, that they had thoughts of surrendering themselves prisoners of war. But their scouts, who were a day or two in the village entirely unsuspected, returned with such encouraging accounts of the absolute security of the people, that the enemy determined on the at- tack. 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 sleep, and un- alarmed, till their doors were broke open Never were people in a more wretched consternation. Before they were risen from tJ. \t beds, the enemy entered their houses, and began the perpetration of the most inhuman 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 flames, or dashed against the posts of the doors. Sixty persons perished in the massacre, and twenty-seven were carried into captivity. The rest fled naked towards Albany, through a deep snow which fell that very night in a terrible storm ; and twenty-five of these fugitives lost their limbs in the flight, through the severity of the frost. The news of this dreadful tragedy reached Albany about break of day ; and universal dread seized the inhabitants of that city, the enemy being reported to be one thousand four hundred strong. A party of horse was immediately despatched to ^k. v^ wk '^f^ HISTORY or NEW- YORK. 105 Schenectady, and a few Mohawks then in town, fearful of being intercepted, were with difficulty sent to apprise their own castles. The Mohawks were unacquainted with this bloody scene, till two days after it happened, our mes- sengers being scarce able to travel through the great depth of the snow. The enemy, in the mean time, pillaged the town of Schenectady till noon the next day ; and then went off with their plunder, and about forty of their 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 fears of our Indian allies, by showing that we were incapable of defending them. Every art also was used to conciliate their friendship, 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 desire of captain Glen, to whom the French offered no violence, the officer declaring he had strict orders against it, on the Sx,ore 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 enemy, and cither killed or captivated five and twenty. Several sachems, in the mean time, came to Albany, and very affijctingly vnr.. T 1.1 lOG inSTORY OF NEW-YOllK. ; ik \ ft addressed the inhabitants, who were just ready to abandon the country, urging their stay, and exciting an union of all the English colonies against Ca- nada. Their sentiments concerning the Frencli 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 far- ther proof of their cruel deceit. The governor 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 woful experience. He did the same, formerly, at Cadaracqui, 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 country, and now liere. 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 peoce proposed by Taweraket, with the utmost indignity, and afterwards delivered them up to the English. Besides this, their scouts harassed the borders of the enemy, and fell upon a party of French and Indians, in the river, about one hundred and twenty miles above Montreal, under the com- mand of Louvigni, a captain who was going to Midsilimakinac, to prevent the conclusion of the peace between the Utawawas and Quatoghies, with the Five Nations. The loss in the skirmish was nearly equal on both sides. One of our prisoners was delivered to the Utawawas, who eat him. In revenge for this barbarity, the Indians attacked the island of Montreal at Trembling Point, and killed U. v^^ HISTORY OF NEW- YORK. 107 an officer and twelve men, while another party carried ofT about fifteen prisoners taken at Riviere Puante, whom they afterwards slew through fear of their pursuers, and others burnt the French planta- tions at St. Ours. But what rendered 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, the French governor brought in his forces, and enter- tained such a mean opinion of the English knight, that he not only despised his summons to surrender, but sent a verbal answer, in which he called king William an usurper, and poured the utmost con- tempt upon his subjects. The messenger who car- ried the summons, insisted upon a written answer, and that within an hour ; but the count De Frontenac absolutely refused it, adding, "I'll answer your master by the mouth of my cannon, that he may learn that a man of my condition is not to be sum- moned in this manner." Upon this. Sir William made two attempts to land below the town, but was repulsed by the enemy, with considerable loss of men, cannon, and baggage. Several of the ships also cannonaded 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 accounts of this expedition, universally censure the conduct 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 ■j:: 1J ! !^^ <*"'' hjhW *i w«i«^^ 108 HISTORY OF NEW-YORK. v more agreeable to the French, if he had been in their interest.* * Dr. Golden supposes this attack was made upon Quebec in 1691, but he i» certainly mistaken. See Life of Sir William Pfaips, published at London in 1697. Oldmixon's Brit. Empire, 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, according to the original plan of operations. Ho tells us that they marched to tlie Lake, but there found themselves unprovided with battoes, and that the Indians were dissuaded from the attempt. By what authority these assertions may be supported, I know not Charlevoix says our army was disappointed in the intended diversion, by tlie small-pox, which seized the camp, killed three hundred men, and terrified our Indian allies. 'i %^^ ^«-JSi<*«^* TTSSjwJ^jIrr. :>p— TFIE HISTORY OF NEW-YORK. \i PART III. FROM THE REVOLUTION TO THE SECOND EXPEDITION AGAINST CANADA. While our allies were faithfully exerting them- selves against the common enemy, Colonel Henry Sloughter, who had a commission to be governor of this Province, dated the 4th of January, 1639, arrived here, and published it on the 19th of March, 1691. Never was a governor more necessary to the province, than at this critical conjuncture ; as well for reconciling a divided people, as for defend- ing them against the wiles of a cunning adversary. But either through the hurry of the king*s affairs, or the powerful interest of a favourite, 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, Chudley Brook, Frederick Philipse, Thomas Willet, Stephen Van Courtland, William Pinhorne. Gabriel Mienvielle, If Leisler had delivered the garrison to colonel Sloughter, as he ought to have done, upon his first landing, besides extinguishing in a great degree, the animosities then subsisting, he would, doubtless, I TIW?*; 110 HISTORY OP NEW- YORK. iv; ' / (t < have attracted the favourable notice, both of the governor and the crown. But being a weak man, lie was so intoxicated with the love of power, that though he had been well informed of Slougtiter's appointment to the government, ho not only shut himself up in the fort with Bayard and Nichols, whom he had before that time imprisoned, but re- fused to deliver them up, or to sum nder the garri- son. From this moment, he lost all credit with the governor who joined the other party against him. On the second demand of the Fort, Milborne and Delanoy came out, under pretence of confering with his excellency, but in reality to discover his de- signs. Sloughter, who considered them as rebels, threw them both into goal. Leisier, upon this event, thought proper to abandon the fort, which Colonel Sloughter immediately entered. Bayard and Ni- chols were now released from their confinement, and sworn of the Privy Council. Leisier having thus ruined his cause, was apprehended with many of his adherents, and a commisjsion of oyer and ter- miner issued to Sir Thomas Robinson, colonel Smith, and others, for their trials. In vain did they plead the merit of their zeal for king William, since they had so lately opposed his governor. Leisier, in particular, endeavoured to justify his conduct, insisting that Lord Notting- ham's letter entitled him to act in the quality of lieutenant-governor. Whether it was through ig- norance or sycophancy, I know not : but the judges instead of pronouncing their own sentiments upon this part of the prisoner's defence, refered it to the governor and council, praying their opinion, whether II KH HISTORY OF NEW-YORK. Ill »f the man, •, that liter's ^ shut ichols, )ut re- garri- ith the t him. no and ig with tiis de- rebels, 1 event, IJolonel nd Ni- ementy having i many nd ter- olonel leal for sed his ired to fotting- ility of 1 ig- I judges ^s upon to the whether that letter " or any other letters, or papers, in the packet from White-Hall, can be understood, or in- terpreted, to be and l tain, any power, or direc- tion to captain Leisier, to take the government of this province upon himself, or that the administra- tion thereupon be holden good in law." The an- swer was, as might have been expected, in the ne- gative ; 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 neighbouring colonics, which shortly after occasioned the passing an act of general indemnity. From the surrender of the province to the year 1683, the inhabitants were ruled by the duke's go- vernors and their councils, who, from time to time, made rules 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 remains amongst our re- cords to this day. They are commonly 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 Novae Eboracensis ; vel, Leges lUustrissimo Principe Jacobi Duce Eboraci et Al- banse, etc. Institutce et Ordinata), ad Observandum in Territoriis Americoe ; Transcriptoe Anno Domini MDCLXXIV." Those acts, which were made in 1683, and after the duke's accession to the throne, when the peo- ple were admitted to a participation of the legisla- tive power, are for the most part rotten, defaced, or lost. Few minutes relating to them remain on the 112 HISTORY OF NEW-YORK. • i < council books, and none in the journals of the house. As this assembly, in 1691, was the first after the revolution, it may not be improper to take some particular notice of its transactions.^ It began the 9th of April, according to the writs of summons issued on the "^Uth of March preceding. The Journal of the house opens with a list of the members returned by the sheriffs. City and County of New- York — James Graham, William Merrett, Jacobus Van Courtlandt, Johannes Kipp. City and County of Albany — Derick Wessells, Levinus Van Scayck. County of Richmond — Elias Dukesbury, John Dally. County of West-Chester — John Pell. County of Suffolk — Henry Pierson, Matthew Howell. ^ All laws nuide here, antecedent to thif) period, are disregarded boUi by tiic legislature and the courts of law. In the collection of our acts published in 1752, the compilers were directed to begin at this assembly. The vaUdity of the old grants of tlio powers of government, in several American colonics, is very much doubted in this province. II STOR OF V lilW-^ ORK. li:^ Ulster and Dutclu County Henry Beekmaii, Thomas Garton. Queen^s County — John Bound, Nathaniel PercalL King's County — Nicholas Stillwoll, John Poland. The members for Queen's county, being Qua- kers, were afterwards dismissed, for refusing the oaths directed by the governor's commission, but all the rest were qualified before two commis- sioners appointed for that purpose. James Graham was elected their speaker, and approved by the governor. The majority of the members of this assembly were against the measures which Leisler pursued in the latter 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 be attributed to hia usurpation of all power. They resolved, against the late forcible seizures made of effects of the people, and against the levy- ing of money on their majesties' subjects. And as VOL.1. — 15 114 HISTORY OF ^EW-YOKK. ¥ ' tu Leisler's holding tko fort against the govcrnori it was voted to be an act of rebellion. The house having, by these agreeable resolves, prepared the woy of their access to the governor, addressed 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 humble manner, heartily congratulate your excel- lency, that as, in our hearts, we do ablior and detest all the rebellious, arbitrary and illegal proceedings of the late usurpers of their majesties' authority, over this province, 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 govern their majesties' subjects here, but by their majesties' authority, which is now placed in your excellency ; and therefore we do solemnly de- clare, that we will, with our lives and fortunes, sup- port and maintain, the administration of your excel- lency's government, under their majesties, against all their majesties' enemies whatsoever : and this we Immbly pray your excellency to accept, as the sincere acknowledgement of all their majesties' good sub- jects, within this 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, ^ ' ii HISTORY OF ?ii:W-YOUK. 115 acts, laws duke of York, and ihe liberties and privileges therein contained, granted to the people, and declared to be their rights, not being observed, nor ratified and approved by his royal highness, nor the late king, are null and void, and of none effect; and also, the several ordinances made by the late governors and councils, being contrary to the constitution of Eng- land, and the practice of the government of their majesties* other plantations in America, are likewise null and void, and of no effect, nor force, within this province." This vote was on the 24th of April, 1691, and preceded by an entry in these words : " Upon in- formation brought into this house by several mem- bers of the house, declaring that the several laws made formerly by the general assembly, and his late royal highness James, duke of York, and also the several ordinances, or reputed laws, made by the preceding governors and councils, for tbi rule of their majesties* subjects within this province, are reported among the people to be still in force." — The reader, who will find no law to repeal the acts passed before the revolution, may, perhaps, impute to ignorance what ought to be ascribed to art, unless he is informed that one of those acts gave a perpetual revenue to the crown, and that every subsequent assembly wished to conceal what a bill to repeal it would draw from under the veil, which this resolve had concealed, from the eye of a weak governor, or concerning which they made it his interest to be silent, by the new temporary act for establishing a revenue. Among the principal laws enacted at this session, u IIG HISTORY OF NEW-YOKK. U ! ^ \ )■ If ' " i we may mention that for establishing the revenue, which was drawn into precedent. The sums raised by it were made payable into the hands of the receiver-general, and issued by the governor's war- rant. By this means the governor became, for a season, independent of the people, and hence wo find frequent instances of the assemblies contending with him for the discharge of debts to private per- sons, contracted on the faith of the government. Antecedent to the revolution, innumerable were the controversies relating to public townships and private rights ; and hence, an act was now passed, for the confirmation of ancient patents and grants, intended to put an end to those debates. A law was also passed for the establishment of courts of justice, though a perpetual act had been made to that purpose in 1683, and the old court of assize entirely dissolved in 1684. As this enacted in 1691, was a temporary law, it may hereafter be disputed, as it has been already, whether the present establish- ment 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 court, a chief justice, and four assistant judges, with an attorney-general, were appointed. The chief justice, Joseph Dudley, had a salary of £130 per annum ; Johnson, the second judge, £100, and both were payable out of the reveyiue ; but William Smith, Stephen Van Courtlandt, and Wil- liam 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 HISTORY OP NEW-YORK. 117 (lebatc, whether the people in this colony, have a right to be represented in assembly, or whether it be a privilege enjoyed through the grace of the crown. A memorable act passed this session, vir- tually declared in favour of the former opinion, upon that and several other of the principal and distinguishing liberties of Englishmen. It must, nevertheless, be confessed, that king William was afterwards pleased to repeal that law, in the year 1697.* Colonel Sloughter proposv;d, immediately after the session, to set out to Albany, but as Leisler's party were enraged at his imprisonment, and the late sentence against him, his enemies were afraid new troubles would spring up in the absence of the governor ; for this reason, both the- assembly and council advised that the prisoners should be imme- diately executed. The sufferers under their govern- ment, staled their oppressions to the assembly, who unanimously resolved on the 17th April, 1691, that their services were tumultuous and illegal, and against the rights of the new king and queen ; that they had illegally and arbitrarily thrown divers protestant subjects into doleful nauseous prisons; proscribed and forced others out of the colony; that the depredation upon Schenectady was im- putable to their usurpations. That they had ruined merchants and others by seizures of their effects ; levied money and rebelliously raised forces ; and that their refusal to surrender the fort was rebel- lion. The council concurred with the resolves '" It was entitled, *' An act declaring what are the rights and privileges of ♦heir majeitios* subjects inhabiting within thoir province of New- York." I' 118 HISTORY OF NEW-YORK. hi? ^ i ,-: on the next day. The assembly at first waved an answer to the governor's question, respect- ing the propriety of reprieving the convicts ; he urged them again for an explicit answer three weeks after (1 1th May) whether they ought, or ought not to be executed ; and within eight days after this the council consented to the execution and the assembly declared their approbation. Sloughter, who had no inclination to favour them in this request, chose rather to delay such a violent step, being fearful of cutting 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 de- struction ; and, therefore, when no other measures could prevail with the governor, tradition informs us, that a sumptuous feast was prepared, to which colonel Sloughter was invited. When his excel- lency's reason was drowned in his cups, the entrea- ties of the company prevailed with him to sign the death-warrant, and before he recovered his senses, the prisoners were executed. Leisler's son after- wards carried home a complaint to king William, against the governor. His petition was referred, according to the common course of plantation affairs, to the lords commissioners of trade, who, after hearing the whole matter, reported on the llth of March, 1692, "That they were humbly of opinion, that Jacob Leisler and .Tacob Milborne, deceased, were condemned, and had suffered ac- cording to law." Their lordships, however, inter- ceded for their families, as fit objects of roe^cy, and ^■tf. % *• HISTORY OF NEW-YORK^ 11£> 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 majesty's mercy." The bodies of these un- happy sufferers were afterwards taken up, and interred with great pomp, in the old Dutch church, in the city of New- York. Their estates were re- stored to their families, and Leisler's children, in the public estimation, are rather dignified, than disgraced, by the fall of their ancestor. These distractions in the province, so entirely engrossed the public attention, that our Indian allies, who had been left solely to contend with the com- mon enemy, grew extremely disaffected. The Mohawks, in particular, highly resented this con- duct, and, at the instance of the Caghnuagae, sent a messenger to Canada, to confer with count Frontenac about a peace. To prevent this, colonel Sloughter had an interview at Albany, in June, with the other four Nations, who expressed their joy at seeing a governor again in that place. They told him, that their ancestors, as they had been informed, were greatly surprised at the arrival of the first ship in that country, and were curious to know what was in 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. All the Indians, except the Mohawks, assured the governor at this meeting, of their resolution to pro- secute the war. The Mohawks confessed their {■:■ if \\ Ui ■•"•*.:.f*i..«„ii. 20 HISTORY OP NEW- YORK. negociations with the French, that they liad received a belt from Canada, and prayed the advice of the governor, and afterwards renewed their league with all our colonies. Sloughter soon after returned to New- York, and ended a short, weak, and turbulent administration, for he died suddenly on the 23d of July, 1691. Some were not without suspicions that be came unfairly to his end, but the certificate of the physician and surgeons, who opened his body by an order of council, confuted these conjectures, and his remains were interred in Stuyvesant's vault, next to those of the old Dutch governor. At the time of Sloughter's decease, the govern- ment devolved, according to the late act for declaring the rights of the people of this province, on the council, in which 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 into 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 Ingolby's authority, though the latter had no title nor the greatest abilities for government, and was besides obnoxious 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 as- sembly, we must ascribe it that the former tacitly acknowledged Ingolsby's right to the president's chair; for they concurred with him in passing HISTORY OF NEU'-YORK. 121 several laws, in autumn and the spring following, the validity of which have never yet been disputed. This summer major lii^chuyler,* with a party of Mohawks, passed through the Lake Champlain, and made a* bold irruption upon the French settle- ments at the north end of it.f De Callieres, the governor of Montreal, to oppose him, collected a small army of eight hundred men, and encamped at La Prairie Schuyler had several conflicts with the enemy, and slew about three hundred of them, which exceeded in number his whole party. The French, ashamed of their ill success, attribute 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 them- selves behind trees, hidden from the enemy. Major Schuyler's design, in this descent, was to animate the Indians, and preserve their enmity against the French. They, accordingly, continued their hosti- lities, and, by frequent incursions, kept the country in constant alarm. In the midst of these distresses, the French governor preserved his sprightliness and vigour, animating every body about him. After he had served himself of the Utawawas, who came to trade at Montreal, he sent them home under the care of a captain and one hundred and ten men ; and to * The French, from hi« groat influence at Albany and activity among the Indiana, concluded that ho was governor of tiiat city ; and hence, their historians honour him with that title, though lie was then only mayor of the corporation. " Pitre Schuyler (says Charlevoix) etoit un forte Iwnnite homme."" t Dr. Colden relates it as a transaction of the year 1691, which is true ; but he supposes it was before Sir William Phips's attack upon Quebec, and thus foils mto an anachronism of one whole year, as I have already observetl. VOL. I. — IG f i I M A j^l ■* I!) *i it 122 HISTORY OF iM:w-TonK. secure their attachment to the French interest, gave them two Indian prisoners, and, besides, sent very considerable presents to the Western Indians in their alliance. The captives were afterwards burnt. The Five Nations, in the meantime, *grew more and more incensed, and continually harassed the French borders. Mr. Beaucour, a young gentleman, in the following winter, marched a body of about three hundred men, to attack them at the isthmus at Niagara. Incredible were the fatigues they underwent in this long march over the snow, bear- ing 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 small 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 Kettle, commanded in these incursions of the Five Nations, and his successes, which continued the whole sum- mer, 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 military achievements without interruption, even while his bloody executioners practised all possible barba- rities. Thoy broiled his feet, thrust his fingers 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 Nations at Albany, and encouraged them to persevere X HISTORY UP NKW-YORK. 123 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 the subjects of one great king and queen ; we have one head, one heart, one interest, and are all engaged in the same war." The Indians at the same time did not forget, at this interview, to condemn the inactivity of the Eng- lish, telling them that the destruction of Canada would not make one summer's work against their united strength, if vigorously exerted. •; Colonel Benjamin Fletcher arrived, with a com- mission to be governor, on the 29th of August, 1692, which was published the next day, before the follow- ing members, in council : . . „ Frederick Philipse, Chudley Brooke, Stephen Van Courtlaindt, William Nicoll, Nicholas Bayard, Thomas Willet, Gabriel Mienville, Thomas Johnston, William Pinhorne, one of that board, being a non-resident, was refused the oaths ; and Joseph Dudley, for the same reason, removed both from his seat in council and his office of chief justice. Caleb Heathcote and John JToung succeeded them in coun- cil; 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; in gratitude for which, he exhorted the council and assembly, who were sitting at his arrival, to send home an address of thanks to the king. It consists, principally, of a representation of the great M 4 i\.A'ti n 124 HISTORY OF NliW-YOItlv. 1 1 <•■ expense the province was continually at to det'end 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 legis- lature, upon a matter which has since been very much debated. " When these countries were pos- sessed by the Dutch West-India Company, they al- ways had pretences (and had the 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 colony or government ; all which, including the lands on the west of Delaware Bay or River, were in the duke of York's grant, from his majesty king Charles the second, whose gover- nors 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 province has been so diminished, that it is now decreased to a very few towns and villages ; the number of men fit to bear arms, in the whole government, not amount- ing to 3,000, who are all reduced to great poverty." Fletcher was by profession a soldier, a man of strong passions and inconsiderable talents, very ac-^ live, and equally avaricious. Nothing could be more fortunate to him than his early acquaintance with major Schuyler at Albany, at the treaty for confir- mation of the Indian alliance, the fall after hie arri- val. No man, then in this province, understood the state of our affairs with the Five Nations better than major Schuyler. He had so great an influence over 1^ HISTORY OF NEW-YORK. 125 them, that whatever Quiddcr,* as they called him, recommended or disapproved, had the force of a law. This power over them was supported, as it had been obtained, by repeated offices of kindness, and his singular bravery and activity in the defence of his country. These qualifications rendered him singu- larly serviceable and necessary, both to the province and the governor. For this reason, Fletcher took him into his confidence, and, on the 25th of October, raised him to the council board. Under the tutelage of major Schuyler, the governor became daily more and more acquainted with our Indian affairs; his constant application to which, procured and preserv- ed him a reputation and influence in the colony. Without this knowledge, and which was all that he had to distinguish himself, his incessant solicitations for money, his passionate temper and bigoted prin- ciples, must necessarily have rendered him obnoxi- ous to the people, and kindled a hot fire of conten- tion in the province. The old French governor, who found that all his measures for accomplishing a peace with the Five Nations proved abortive, was now meditating a blow on the Mohawks. He accordingly collected an army of six or seven hundred French and Indians, and supplied them with every th^ng necessary for a winter campaign. They set oui from Montreal on the 15th of January, 1693 ; and after a march, attended with incredible hardships, they passed by Schenectady on the 6th of February, and, that night, captivated five men and some women and children, at the first castle of the Mohawks. The * Instead of Peter, which thoy could not pronounce. t 126 HISTORY OF NEW-YOttK. llr.hr ■ second castle was taken with equal ease, the Indian inhabitants being in p HISTORY OF NEW-YUKK. 'U I- (: t! ii French, were the principal matters which the governor laid before the assembly. The list of the quotas was this : ' ..,•.-«: .••._■„ ' • ,j,,, ■ Pennsylvania £ 80 Massachusetts Bay 350 Maryland 160 Virginia 240 Rhode Island and Providence Plantation 48 Connecticut 120 New- York 200 As a number of the forces were now arrived, the assembly were in hopes the province would be reliev- ed from raising any more men for the defence of the frontiers ; and, to obtain this favour of the governor ordered £1000 to be levied, one half to be pre- sented to him, and the rest he had leave to distribute among the English officers and soldiers. A bill for this purpose was drawn, but though his excellency thanked them for their favourable intention, he thought it not for his honour to consent to it. After passing several laws the session broke up in perfect harmony, the governor in his great grace recom- mending it to the house to appoint a committee to examine the public accounts against the next session. In September, Fletcher went up to Albany with very considerable presents to the Indians ; whom he blamed for suffering the French to rebuild the fort at Cadaracqui, or Frontenac, which commands the entrance from Canada into the greai lake Ontario. While these works were carrying on, the Dionon- dadies, who were then poorly supplied by the French, made overtures of a peace with the Five Nations. ». r^v ■»»*-»■-»- ■ >#*«*J*-—^'i«^^.-: ■»— ■.■ m -ftv- ,»».»i...*Mj- HISTORY OP NEW-YORK. 137 which the latter readily embraced, because it was owing to their fears of these Indians, who lived near the lake Missilimakinac, that they never dared to march with their whole strength against Canada. The French commandant was fully sensible of the importance of preventing this alliance. The civili- ties of the Dionondadies to the prisoners by whom the treaty, to prevent a discovery, was negotiated, gave the officer the first suspicion of it. One of these wretches had the unhappiness to fi '1 into thi^ hand& of the French, who put him to the most ex- quisite torments, that all future intercourse with the Dionondadies might be cut off. Dr. Colden, in just resentment for this inhuman barbarity, has published the whole process from La Potherie's history of North 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 fol- lowed by an Utawawa, who being desirous to outdo the French in their refined cruelty, split a furrow from the prisoner's shoulder to his garter, and filling it with gun-powder, set fire to it. This gave him exquisite pain, and raised excessive laughter in his tormentors. When they found his throat so much parched, that he was no longer able to gratify their ears with his howling, they gave him water to ena- ble him to continue their pleasure longer. But at last his strength failing, an Utawuvva flayed ofl* his scalp, ard threw burning hot coals on his scull. They then untied him, and bid h^m run for his life, vor. T. — 1f^ i sl fi I f 1 I fc.^.^ -"•W^^.^.^^v^^.^^ * 13« HISTORY OF NEW- YORK. I .)■ u / He began to run,^ tumbling like a drunken mair. They shut up the way to the east, and made him run westward, the country, as they think, of departed miserable souls. He hnV-YOUI\. 1^ 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 de- serter of the superior ntrengih of the French, and the nature of bombs, which were intended to be used against thorn ; and then, after setting fire to their village, they retired into the Wi)ods. As soon as the count heard of this, he marched to their huts in order of battle ; being himself carried in an elbow chair behind the artillery. With this mighty appa- ratus he entered it, and the destruction of a little Indian corn was the great acquisition. A brave sa- chem, then about a hundred years old, was the only person who tarried in the castle to salute the old general. The French Indians put him to torment, which 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, think of me when you are in the like condition."* This sachem was the only man of all the Onondrigas that was killed ; and had not thirty-five Oneidas, who waited to receive Vaudrueil at their castles, been afterwards bisely carried into captivity, the count would have returned without the least mark of triumph. As soon as he began his retreat the Onondagas followed, and annoyed his army by cutting tiff'sevcral battcaux. This expensive enterprise, and the continual incursions of the Five Nations on the country near Montreal, again spread a famine through all Canada. * " Never perhaps (says Charlevoix) was a man treated with more cruelly, nor did any ever lew it with superior magnanimity and rcs-oUition." ■ •**ftii j^^^ ^ ,1^ . , X- 7 msToitv Ul' M<;VV-VOHK. 141 »l< The count, however, kept up his spirits to the last, and sent out scalping parties, who infested Albany as our Indians did Montreal, till the treaty of peace signed at Ryswick, in 1697 Richard, Earl of Bcllornont, was appointed to succeed cohinel FMetcher, in the year 1695, but did not receive his commission till the ItUh of June, 1697 ; and as he delayed his voyage till after the peace of Ryswick, which was signed the 10th of September following, he was blown off our coast to Barbadoes, and did not arrive here before the 2d of April, 1698. During the late war the seas were extrerrely infested with English pirates, tsorne of whom saikd out of New-Yorfti|lf .nd it was strongly suspected that they had received too much countenance hero, even from the government, during Fletcher's ad- ministration. His lordship's pr(»niotion to the chief command of the Massachusetts Bay and New Hamp- shire, as well as this province;, was owing partly to his rank, but principally to the affair of the pirates ; and the multiplicity of business to which the charge of three colonies would necessarily expose him, induced the earl to bring over with him John Nanfan, his kinsman, in the quality of our lieutenantgovernor." When lord Bellomont was appointed to the gov^^rn- ment of these provinces, the king did him the honour to say " that he thought him a man of resolution and integrity, and with these qualities more likely than any other he could think of to put a stop to the growth of piracy." i I V, .' 1 (I i k * His commission was ilated the 1st of July, 1G97. ** I «• •p 142 msTOUY Ol' ISKW-VOUK. I I < I.. f I'l w ■ i Before the earl set out for Arncricn, lie bcciune ac(iuaiiite(J willi Robert LivingHtnn, eyq.* who was then in Eniriiiiul. soliciting liis own qHiuih before tiie Cduncil un«i the treasury. The earl look occaMion, in one of his conferences with Mr. Livingston, to mention the scandal the province was under on account of the pirates. The latter, who confesned it was not without reason, brought the earl acquainted with one Kid, whom he recommended as a man of integrity and courage, tiiat knew the pirates and their rendezvous, and would undertake to apprehend them, if th( ving wouhl employ liim in a good suiling frigate of thirty guns and onu hundred and fifty men The earl laid the proposal before the king, who consulted the admirall^l^Apon that subject; but this project dropped, through the uncertainty of the adventure, and the French war, which gave full employment to all the ships in the navy. Mr. Livingston then proposed a private adventure against the pirates, oJlering to be concorncd with Kid a fifth part in the ship and charges, and to be bound for Kid's faithful execution of the commission. The king then approved of the desiyn, and reserved a tenth share to show that he was concerned in the enterprise. liord chancellor S^omers, the duke of Shrewsbury, the earls of Romney and Oxford, Sir I '* This gontleinan was a son of Mr. John [.ivingston, one of the commis- sioners from Scotland to King Clinrles II. wiiilo lie wu;; iin I'xilo at Breda. Ilu was a clergyman distint^uished by hif! zeal and induKtry ; and for his opposition to episcopacy, became so obnoxious ui'tor tho Ilusturation to tho English court, that he loll Scotland, and took the pastoral cliargo of an English prcsbytcrian church in Rotterdam. His doscendantB arc very numerous in this province, and Ihe family in the first rank for tlieir wcnllli. morals, and education. I'he original Diary, m the hand-writing of tlieir common ancestor, is still ar.ionust them, and contains a historv of his life. _ '■SSiii.^ iriNTOUY OF NF;w-YOkr(. 14*3 Edmund Ilnrrison and others, joined in the scheme, agreeing to the expense of .C()«»00. But the man- agement of the whohi attair was left to lord Jkdlo- mont, who gave orders to Kid to pursue fiis com- mission, which was in oonimou form. Kid saiUul from IMymonth for New-York, in April, 1690; and afterwards turned pirate, burnt his sliip, and came to Boston, where the carl fippn-liendcfl him. His lordship wrote to the secretary of state, desiring that Kid might be sent for. The Rochester man- of-war was dispatch(;d upon this service, but b(!ing driven back, a general suspicion prevailed in Eng- land, that all was rolinsion between the ministry and the adv<'ntnrers, who, it was thought, were unwilling Kid should b'> broughr home, lest he might discover that the chancellor, J le duke, and others, were confederates in the pir cy The matter even proceeded to such ler : hs, that a mo' jn was made in the house of comr ous;, that all who were con- cerned in the adventure might be turned out of their employnu-nts, but it was rejected by a great majority. The tory party who excited these clamours, though they lost their motion in the house, afterwards impeached several whig lords ; and, among other articles, charged them with being concerned in Kid^s piracy. But these prosecutions served only to brighter -'le innocency of those against whom they were brought ; for the impeached lords were honourably acquitted by their peers. Lord Bellomont's commission was published iu council on the day of his arrival ; colonel Fletcher, who still remained governor under the proprietors :\ ;\l 4 144 HISTORY OF NEW-YOttK. i\ i of Pennsylvania, and lieutenant governor Nanfan being present. The members of the council were, if. Frederick PiiiLiPSE, William Nicoll, Stephen Van CoRTLANDT, Thomas Willet, . ; Nicholas Bayard, William PiNH0RNE,y Gabriel Mienvielle, John Lawrence, -i^ William Smith, ... „ , After the earl had dispatched captain John Schuy- ler 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 letters from secretary Vernon and the East India Company, relating to the pirates ; informing that board that 'le had an affidavit, that Fletcher had permitted them to land their spoils in this province, and that Mr Nicoll bargained for their protections, and received for his services eight hundred Spanish dollars. Nicoll confessed the receipt of the money for protections, but said that it was in virtue of a late act of assembly, allowing privateers on their giving security ; but he denied the receipt of any money from known pirates. One Weaver was admitted at this time into the council chamber, and acted in the quality of king^s council ; and in answer to Mr. Nicoll, denied that there was any such act of assembly as he mentioned. After considering the whole matter, the council advised his excellency to send Fletcher home, but to try Nicoll here, because his estate would not bear th6 expense of a trial in England. Their advice was never carried into execution, which was probably owing to a want of evidence againist *he parties ^* A'" ■•i>r. '. HISTOKY OP NEW-YOKK. 145 »g PS 1 accused. It is nevertheless certain, that the pirates were frequently in the sound, and supplied with provisions by the inhabitants of Long-Island, who for many years afterwards w ere so infatuated with a notion that the pirates buried great quantities of money along the coast, that th<^re is seance a point of land, or an island, without the marks of their auri sacra fames, Some credulous people have ruined themselves by these researches, and propagated a thousand idle fables, current to this day among our country farmers. u\':. -.'M"-: ■ -r -■,.■': 'W^;'^';i^tW^'' As Fletcher, through fhe whole of his administra- tion, had been entirely influenced by the enemies of Leisler, nothing could be more agreeable to the numerous adherents of that unhappy man, than the earl's disaffection to the late governor. It was for this reason they immediately devoted themselves to ' his lordship as the head of their party. The majority of tlie members of the council were Fletcher's friends, and there needed nothing more to render them obnoxious to his lordship. Leisler's, advocates at the same time mortally hated them ; not only because they had imbrued their hands in the blood of the principal men of their party, but also because they had engrossed the sole confidence of the late governor, and brought down his resent- ment upon them Hence, at the commencement of the earl's administration, the members of the council had every thing to fear ; while the party they had depressed began once again to erect its head under the smiles of a governor who was fond of their aid, as they were solicitous to conciliate his favour. Had VOL. 1. — 19 ^ I h i>».,.«w» » ' " " "" ' " ' 146 HISTORY OF NEW-YORK. y ! ')!' >/■ ■>'. mi 1: V t the earl countenanced the enemies as well as the friends of Leisler, which he might have done, his administration would doubtless have been easier to himself and advantageous to the province ; but his inflexible aversion to Fletcher prevented his acting with that moderation which was necessary to enable him to govern both parties. The fire of his temper appeared very early, on his suspending Mr. NicoU from the board of council, and obliging him to enter into a recognizance in £2000, to answer for his conduct relating to the protections. But his speech to the new assembly convened on the 1 8th of May, gave the fullest evidence of his abhorrence of the late administration. Philip French was chosen speal er, and waited upon his excellency with the house, when his lordship spoke to them in the following manner : " I cannot but observe to you what a legacy my predecessor has left me, and what difiiculties to struggle with ; a divided people, an empty purse, a few miserable naked half-starved soldiers, not half the number the king allowed pay for: the fortifications and even the governor's hous(; very much out of repair, and in a word the whole government out of frame- It hath been represented to the government in England ; that this province has been a noted receptacle of pirates, and the trade of it under no restriction, but the acts of Trade violated by the neglect and con- nivance of those whose duty it was to have pre- vented it." ' , - ' ' After this introduction he puts them in mind that the revenue was near expiring. " It would be hard, HISTORY OF NEW-YORK. 147 says he, if I that come among you with an honest mind and a resolution to be just to your interest, should meet with greater difficulties in the discharge of his majesty's service than those that have gone before me. I will take care there shall be no misapplication of the public money. I will pocket none of it myself, nor shall there be any embezzle- ment by others ; but exact accounts shall be given you when and as often as you shall require." It was customary with Fletcher to be present in the field to influence elections ; and as the assembly consisted at this time of but nineteen members, they were too easily influenced to serve the private ends of a faction. For that reason, his lordship was warm in a scheme of increasing their number at present to thirty, and so in proportion as the colony became more populous; and hence we find the following- clause in his speech " You, cannot but know what abuses have been formerly in elections of members to serve in the general assembly, which .tends to the subversion of your liberties. I do therefore recom- mend the making of a law to provide against it." The house, though unanimous in a hearty address of thanks to the governor for his speech, could scarce agree upon any thing else. It was not till the be- ginning of June that they had finished the contro- versies relating to the late turbu-: at elections; and even then six members secedeci fiom the house, which obliged his excellency to dissolve the assembly on the 14th of June, 1698. About the same time the governor dismissed two of the council ; Pinhorne, for disrespectful words of the king, and Brook, the receiver-general, who was also turned out of that )i ■fF ~.^. 148 lifSTOKY OF NEW-YOUK. I! in office as well as removed from his place on the bench. ;^if'«^,'wiri*s^'A"^^-:. -■■• --;■^-^^v•"^•.^^■,••,•., .: -■ , i. Ill July, the deputies from the French concerning the exchanging of prisoners, obliged his excellency to go up to Albany. When the earl sent the account of the conclusion of the peace to the governor of Canada, all the French prisont;rs in our custody were restored, and as to those among the Indians, he promised to order them to be safely escorted to Montreal. His lordship then added, " I doubt not, sir, that you on your part will also issue an order to relieve the subjects of the king captivated during the war, whether chrir , . - '^ . ' '-^ ' Great alterations were made in council at his ex- cellency's return from Albany. Bayard, Meinvielle, Willet, Townly, and Lawrence, were all suspended on the 28th of September; and colonel Abraham Depeyster, Robert X^ivingston, and Samuel Staats, called to that b^ard. The next day Frederick Philipse resigned his seat, and Robert Walters was sworn in his stead. , .,' ,, .. I . r 11 * The count misunderstood the treaty. No ^ovision was made by it for commissaries to settle the limits between the English and French possessions, but only to examine xH determine the controv;'-*; ' rights and pretensions to Hud- son's Bay. f 4 • ^***is^ ■ ■*;• •^^^•««'««P*#4BiS^3?SW^^ 150 HISTORY OF NEW-YOUK. >" ■I U, • The earl assigned as reasons for Mr. Bayard's suspension, j - .-■?•, ;,^ ;• ». .,, .)^ 1. That he advised governor Fletcher to issue a proclamation for the currency of dog dollars, contrary to his oath and the kiag'te iisstructions. ,, 2. Tliat he cotinneci at a;i illegal commerce with foreign ships at N<;««,- ITork. 3. That he cornivfid .i» F) tcho; f granting cora- mi^sioiis to pirates manned here ior the Red Sea ; procnrod' pro?^e^tions from the governor, and re- ceived .1 reward; advised to a piratical ship^s being admitted n>(!> pori with her spoils, and connived at Fletcher's rr cetpt of presents from pirates. 4. That ?«e advised to M'^tchcr's frequent misap- plications and embezzlements of the king's revenue, and other moneys appropriated by the assembly for special and public uses. -- .'v. 5. That he advised to extravagant grants, and took one to himself of land belonging to the Mo- hawks, as large as one of the middle counties in England, without referring a reasonable quit rent. 6. That he advised the governor's going into the field at elections, where he named members for the assembly with threatening and abusive language. . " 7. That he connived at the governor's neglect of the frontiers. .^^ '_ >/ « 8. That he advised the printing a scandalous and malicious pamphlet, entitled a letter from a gentle- man of the city of i\ew-York to pnother, concerning the troubles which happened in this province in the time of the late happy revolution, to stir up sedition and inflame the coldny, in compliance with Fletcher's wicked designs, t. o^ratify his own implacable ma'cf. HISTORY OP NEW-YORK. 151 against those who were most active in the revolu- tion. .Jv >?■ -1. :'. fr^y-wf^r-v; 9. That a few days after his (lord BeIIan)ont*s) arrival, he confederated with several persons disaf- fected to his majesty's government, in an address to governor Fletcher, applauding his justice in counte- nancing illicit trade, and at the same time upbraided the earl as discouraging commerce by issuing his warrant for seizing the ship Fortune and goods un- lawfully imported in that bottom. 10. That contrary to his duty and oath he conspired . against the king's government, by raising scandalous reports to misrepresent his lordship's government, and assisted in forging several false and groundless articles against his lordship, and without his know- ledge. Mr. Bayard gave a written answer from New- Jersey on the 17th of October, 1698, thirteen days after he had a copy of the charges against him ; and intended, as it appears from his letter to his lordship, to sail for England. This defence follows the order of the impeachments. The proclamation he alleges was issued with the advice of the attorney-general as well as the rest of the council board, and fixed a dog dollar at five shillings and sixpence, though cur- rent in other colonies at six shillings. That this money had and retained a currency before and after the proclamation, and if the treasury had lost by the receipt of them, he offered to exchange them out of. his own purse. The second article he absolutely denies, and to account for the third, he says that several years pre- vious he had by letter to governor Fletcher, then at i Si t ffj 'I l! 1 v' ^■**\-'i P'^ )\ 152 HISTORY OF NEW-YORK. \ \ Philadelphia, requested his favor in behalf of one Thomas Lewis, who had been abroad in a priva- teer, some of the crew of which had killed the mas- ter; and of one Barent Rynderson a comrade of Lewis. That the letter was written at the request of their neighbours Leenders Lewis and Samuel Staats ; the former a brother to Thomas Lewis, and the other brother-in-law to Barent Ryndercton, and one of his lordship's new counsellors, and very soli- citous to procure governor Fletcher's licence for the . return of their relations, and their settlement in New- York. That the governor granted the favour desired, and inclosed the licences to him, which he delivered to Leenders Lewis and Samuel Btaats, who, unre- quested, ofTe: dd him a bag of one hundred pieces of Eight for the governor, and eighteen or twenty du- cats for himself, both of which he refused to accept until he was importuned to gratify their desire of testifying their acknowledgment of the great favour they had received ; and for the confirmation of this narration he urges an examination of the four persons above named, all of them in town. He adds that the licences were upon condition of continuing in tho province and being of the good behaviour, and at that daj' were commonly called protections. 4th. He denies this charge, declaring that he advised the borrowing money of the receiver-general about six years before, to repel the French who had , advanced near to Schenectady, out of any funds in his hands, and had himself made loans to the public during the war, and bound himself to indemnify Mr. Livingston and other lenders, not disposed to rely on the justice of the country, for their disbursements. < v^ y*^'^ « ' H18T0A1< OF N£W-YOKK. 153 5th. He owns his grnnt for Bchobarie ; ttiinK'R it no crim« to accept the patent ; assertM tlia>t oihtTN wlio had governor Duncan's leave lu purch»se it. refused the price demanded, and vht»t then ne petitioned for it and drove the burguin wi.h (!te InditfinM who never complained, "except the meanest," of the sale. He applauds the patents to coluiiel Schuyler and Don DeMius. The clamours agaluHt them he imputes to the envy of the Tnd■«' i 154 HISTORY OF NEW-YORK. government by a convention of all the civil and military officers, for the purpose of executing mea- sures by them concerted till orders arrived from Eng- land. That this was communicated by express to the secretary of state nnf I the lords of the plantation office, long before others applauded by his lordship thrust themselves into power for private ends, imposing reports upon the public of jacobit* s and papists, of whom there were not ten in the colony. He avows his own zeal for the revolution, but that he thought tLj o^.H-iuiion'^ here ought to have been conducted according to intimations from home, and according to the examples of Virginia. Burbadoti! and Jamaica, without altering the colony constitution until orders were received for that purpose from England. He recapitulates his sufferings under the ruling party, driven into exile and imprisoned ai. .^r fourteen months, bail refused, fettered with irons, robbed, and that he still remains unredressed. And to the 9th and }' h articles le -^nposed a flat and peremptory denial of their truth. The new assembly, of which James Ciaham was chosen speaker, met in the sprmg. His e -^ellency spoke to them on the 21st of March, 1699. As the late assembly was principally comp( d of anti Leislerians, so this consisted almost entirely oi the opposite party. The elections were attended with great outrage and tumult, and many applica- tions made r ^lating to the returns ; but as Abraham Governeur, who had be^n secretary to Leisler, got ret'^'^Aod for Orange county, and was very active in the tiQuse,* all the petitions were rejected without -er monv. - , ; ^ Mr. Governeur married MilbornuV widow. , IIIHTOIIY OP NEW-YORK. 155 - Among tho principal acts passed at this session, there was one for indemnifying those who were ex- cepted out of the general pardon in 1691 ; another against pirates ; one for tho Hettl<*ment of Milborne'a estate ; and another to raise fifleen hundred pounds as a present to his lordship, and tive hundred pounds for the lieutenant governor, his kinsman. Besides which the revenue was continued for six years longer. A necessary law was also made for the regulation of elections, containing the substance of the English statutes of 8 Hen. VI. Chap. VII. and the 7 and 8 Will. III. This assembly took also into consideration sundry extravagant grants of land which colonel Fletcher had made to several of his favourites. Among these, two grants to Dellius, the Dutch minister, and one to Nicholas Bayard, were the most considerable. Dellius was one of the commissioners for Indian affairs, and had fraudulently obtained the Indian deeds, according to which the patents had been granted. One of the grants included all the lands within twelve miles on the east side of Hudson's river, and extended twtmty miles in length from the north bounds of Saratoga. The second patent, which was granted to him in company with Pin- home, Bancker, and others, contained all the lands within two miles on each side of the Mohawks' river, and along its banks to the extent of fifty mUes. Bay- ard's grant was alc^o for land in chat country, and very extravagant. Lord Bellomont, who justly thought these great patents, with the trifling annual reserva- tion of a few skins, would impede the settlement of the country, as well as alienate the affections of our Indian J: I |1 I 156 HISTORY OP NEW-YORK. allies, wisely prociiref^ •'econnmendatory instructions from the lordei |u8li(%> fir varnlin^ those patents, which was now regiilnrly accompliHhffd by a law, and Delliiis was HU»pended from his ministerial fiincfions ' i •', T'le prul Iii«v>n^ curried all his points at New- York, set out for Huston in Juno, whence, nfler he hHd seriiod his salary, nnd apprehended the pirate Kid, irertviirned here again in the faM. The rnvoiiue being settled for six years, bis lord- ship had no occasion to meet the assembly till the summer of I he year 1700; and then indeed little else was done than to pass a few laws. One for hanging every popiish priest that came voluntarily into the province, which was occti^ioned by the great number of French Je&iuits, who were continually practising upon oui* Indians. By another provision was made for erecting a fort in the country of the Onondagas, but as this was repealed a few months after the king's providing for that purpose, so the former continues, as it for ever ought, in full force to this day. The earl was a man of art and polite manners, and being a mortal enemy to the French, as well as a lover of liberty, he would doubtless have been of considerable service to the colony ; but he died here oa the 5th of March, 1701, when he was but just become acquainted with the colony. ' The earl of Bellomoni's death was the source of new troubles, for Nanfan, the lieutenant governor, being then absent in Barbadoes, high disputes arose among the counsellors, concerning the exercise of the powers of government. Abraham De Peyster, \^ IIIHTORY OF ^ew-YOKk. 157 Hamuel Stnnts, Rohnrt Walters, and Tliomns Wea- ver, who Hided w'nh ilio puny that mlliered . o i .tinier, insisted that ilio ^overiinieiit wtisdevolvv i 'ip >n the council, who hnd a right lo hci by a iiinji>rity of voices; but colonel Hmith contended liint all the powers of the hue governor were devolved upon him as president, he being the eldest member of that board. Colonel Bchuyler and Robert Living- ston, who did not arrive in town till the 21st of March, joined Mr. Hmith, and refused to appear at the council board till near the middle of April. The assembly, wliich was convened on the 2d of that month, were in equal perplexity, for they adjourned from day to dny, waiting the issue of this rupture. Both parlies continuing inflexible, those nie'nbcrs who opposed colonel Bmith sent down to the house a representation of the controversy, assigning a number of reasons for the silting of the assembly, which the house took into thoir considcauion, and on the 16th of April resolved, ilint the execution of the earl's commission and instructions, in the absence of the lieutenant governor, wus the right of the council by majority of voices, and not of any single member of that board ; and this was after- wards the opinion of the lords of trade. Tlie dis- putes, nevertheless, continuing in the council strenu- ously supported by Mr. Livingston, the house, on the 19th of April, thought proper to adjourn them- selves to the first Tuesday in June. In this interval, on the 19th of May, John Nanfan, the lieutenant governor, arrived, and settled the controversy by taking upon himself the supreme command. y ■■ /) I ," I I ^Hfl /^~ 158 HISTORY OP NEW-YORK. M Upon Mr. Nanfan's arrival, we had the agreeable news ftiat the king had given two thousand pounds sterling for the defence of Albany and Schenectady, as well as five hundred pounds more for erecting a fort in the country of the Onondagas. And not long after an ordinance was issued, agreeable to the special direction of the lords of trade, for erect- ing a court of chancery, to sit the first Thursday in every month. By this ordinance the powers of the chancellor were vested in the governor and council, or any two of that board : commissions were also gr'j.nted, appointing masters, clerks, and a register ; so that this court was completely organized on the 2d of September, 1701. Atwood, who was then chief justice of the supreme court, v,as now sworn of the council. Abraham De- peyster and Robert Walters v ere his assistants on the bench ; and the former was also made deputy auditor-general under Mr. Blaithwait. Sampson Sheltou Broughton was the attorney-general, and came into that office when Atwood took his seat on the bench, before the decease of lord Bellomont. Both these had their commissions from England. The lieutenant governor and the major part of the board of council, together with the several officers above named, being strongly in the interest of the Leislerian party, it was not a little surprising that Mr. Nanfan dissolved the late assembly on the 1st of June last. ^ ,..< j . Great were the struggles at the ensuing elections, which however generally prevailed in favour of those who joined Leisler at the revolution ; and hence, when the new assembly met on the 19th of August, 1701, . -"-^r-titttitm .^Jil^.;!^ HISTORY OF NEW-YORK. 159 Abraham Governeur was elected for their speaker. Dutchess* was thought heretofore incapable of bear- i^^g the charge of a representation ; but the people of that county, now animated by the heat of the times, sent Jacob Rutsen and Adrian Garretson to represent them in assembly. ->r/ v=^ Mr. Nanfan, in his speech to the house, infornis them of the memorable grant made to the crown, on the 1 9th of July, by the Five Nations, of a vast tract of land, to prevent the necessity of their sub- mitting to the French in case of a war ; that his majesty had given out of his exchequer two thousand five hundred 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 three hundred pounds on a chief justice, and one hundred and fifty pounds on the attorney-general, who were both now arrived here. The fire of contention which had lately appeared in the tumultuous elections biazed out afresh in the house. NicoU, the late counsellor, got himself elected for Sufiblk, and was in hopes of being seated in the chair ; but Abraham Governeur was chosen speaker. Several members contended that he, being an alien, was unqualified for that station. To this it was answered, that he was in the province in the year 1683, at the time of passing an act to naturalize all the free inhabitants 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 attack, Governeur disputed Nicoll's l'\ I I, ■^ That county, now so numerous and opulent, was assessed in the year 1702 below any otiier, contributing but £18 to a general tax of jCSOOO. i :r 160 HISTORY OP NEW-YORK. right for sitting as a member of that house ; and succeeded in a rest»lve that he and Mr. Wessels, who had been returned for Albany, were both un- quaUfied according to the late act. they being neither of thpm residents in the respective counties for which they we: j chosen. This occrisioned an imprudent secession of seven members, who had joined the interest of Mr. Nicoll, which gave their adversaries an opportunity to expel them and introduce others in their stead. Among the first opposers of captain Leisler none was more considerable than Mr. I iv'iigston. The measures of the convention at Albany were very much d'rected by his advice, and he was peculiarly obnoxious to his adversaries because he was a man of sense and resolution, two qualifications rarely to be found united in one person at that day. Mr. Livingston's intimacy with the late earl had till this time been his defence against the rage of the party which he had formerly opposed ; but as that lord was now dead, and Mr. Livingston's conduct in council, in favour of colonel Smiili, had given fresh provoca- tion to his enemies, they were fully bent upon his destruction. It was in execution of this scheme, that as soon as the disputed elections were over, the house proceeded to examine the state of the public accounts, which they partly began at the late assembly. The pretence was, that he refused to account for the public moneys he had formerly received out of the excise ; upon which a committee of both houses advised the passing a bill to confiscate his estate, unless he agreed to account by a certain day. But , h 'Ik:: HISTORY OP NEW-YORK. 161 instead of this, an act was afterwards passed to oblige him to account for a sum amounting to near eighteen thousand pounds While this matter was transacting, a new complaint was forged, and he was summoned before another committee of both houses, relating to his procuring the Five Nations to signify their desire that he should be sent home to solicit their affairs. The criminality of this charge can be seen only through the partial opjtics with which his enemies then scanned his behaviour : be- sides there was no evidence to support it, and there- fore the committee retpiired him to purge himself by his own oath. Mr. Livingston, who was better acquainted with En<;lish law and liberty than to countenance a practice so odious, rejected the inso- lent demand with disdain ; upon which the house, by advice of the committee, addressed the lieutenant- governor, to pray his majesty to remove him from his office of secretary of Indian affairs, and that the governor in the mean time would. suspend him from the exercise of his commission.* It was at this favourable conjuncture that Jacob Leisler's petition to the king, and his majesty's letter to the late earl of Bellomont, were laid before the aosembly. Leisler displeased with the report of the lords of trade, that his father and his brother Milbori.e had suffered according to law, laid his case before the parliament, and obtained an act to reverse the attainder.! After which he applied to the king, * Mr. Livingston's reason for not accounting was truly unanswerable; liis books anc" vounliers were taken into the hands ot'tliegorernment, and detaim.'d from him. . I See Note K. VOL. I. — 21 ^1! ■A n ■Tmt^ 162 HISTORY OF NEW-YORK. ^ i complaining that his father had disbursed about four thousand pounds, in purchasing arms and f^jr- warding the revolution ; in consequence of which he procured the following letter to lord Beliumont, dated at Whitehall, the 6th of February, |f||. i -. " My Lord, " The king being moved upon the petition of Mr. Jacob Leisler, and having a gracious sense of his father's services and sufferings, and thr ill circum- stances the petitioner is thereby reduced to, his majesty is p'eased to direct, that the same be trans- mitted to your lordship, and that you recommend his case to ^he general assembly of New- York, being the only piace where he can be relieved, and the prayer of his petition complied with. " I am, my lord, your lordship's " Most obedient and humble servant, "JERSEY." As soon as this letter and the petition were brought into the house, a thousand pounds were ordered to be levied for the benefit of Mr. Leisler, as well as several sums for other persons, by a bill for paying the debts of the government, which never- theless did not pass into a law till the ui^xt session. Every thing that waa done at this meeting of the assembly, which continued till the 18th of October, was under the influence of a party spirit ; and nothing can be a fuller evidence of it, than an incor- rect, impertinent address to his majesty, which was drawn up by the house at the close of the session, and signed by fourteen of the members. It contains" A HISTORY OF ]>:BW-Y0RK. 163 \ a tedious narrative of their proceedings relating to the disputed elections, and conchides with a little incense, co regale some of the then principal agents in the public affairs, in these words : "This necessary account of ourselves and our unhappy divisions, which we hope the moderation of our lieutenant-governor, the wisdom and prudence of William Atwood, esq. our chief justice, and Tho- mas Weaver, esq. your majesty's collector and receiver-general, might have healed, we lay before your majesty with all humility, and a deep sense of your majesty's goodness to us, lately expressed jn sending over so excellent a person to be our chief justice." The news of the king's having appointed lord Cornbury to succeed the earl of Bellomont, so strongly animated the hopes of the Anti-Leislerian party, that about the commencement of the year 1702, Nicholas Bayard promoted several addresses to the king, the parliament, and lord Cornbury, which were subscribed at a tavern kept by one Hutchins, an alderman of the city of New- York. In that to his majesty, they assure him ** that the late differences were not grounded on a regard to his interest, but the corrupt designs of those who laid hold on an opportunity to enrich themselves by the spoils of their neighbours." The petition to the parliament says that Leisler and his adherents gained the fort at the revolution without any opposition ; that he oppressed and imprisoned the people without cause, plundered 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 Bellomont appointed :' n 'i| ■k-^MkiMa^ '^"V" ■■^~Z^' 164 HISTORY OF NEW-YORK. indigent sheriffs, who returned such members to the assembly as were unduly elected, and in his lord- ship's esteem. That he suspended many from the board of council, who v ere faithful servants of 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- governor and the chief justice ; the one to pass their bills, and the other to defend the legality of their proceedings. A third address was prepared to be presented to lord Corn bury, to congratulate his artival, as wc^li to prepossess him in their favour as to prejudice him ngainst the opposite party. Nothing could havo a more natural tendency to excite the wrath of the lieutenant-governor and the revenge of the council and assembly, than the reflec- tions contained in those several addresses. Nanfan had no sooner received intelligence of them than he summoned Hutchins to deliver them up to him, and upon his refusal comtnitted him to jail on the 19th of January ; the next day Nicholas Bayard, Rip Van Dam, Philip French, and Thomas VVenham, hot with party zeal, sent an imprudent address to the lieu- tenant-governor, boldly justifying the legality of the address, and demanding 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 sove- reignty 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 whatsoever, endeavour by force of arras or otherwise to disturb the peace, good, and 1 HISTORY OF NEW-YORK. 165 quiet of their majesties* government as it is now established, shall be deemed and esteemed as rebels and traitors unto their tnajesties, and incur the pains, penalties, and forfeitures as the laws of England have for such offences made and provided." Under pretext of this law, which Bayard himself had been personally concerned in enacting, Mr Nanfan issued a warrant for committing him to jail as a traitor, on the 21st of January, and lest the mob should inter- pose, a company of soldiers for a week after con- stantly guarded the prison. Through the uncertainty of the time of lord Com- bury's arrival, Mr. Nanfun chose to bring the prisoner to his trial as soon as possible, and for that purpose issued a commission of oyer and terminer on the 12th of February, to William Atwood, the chief justice, and Abraham Depeyster and Robert Walters, who were the puisne judges of the supreme court ; and not long after Bayard was arraigned, indicted, tried, and convicted of high treason. Several reasons were afterwards offered in arrest of judgment, but as the prisoner was unfortunately in the hands of an enraged party, Atwood overruled what was offered, and condemned him to death on the 16th of March. As the process of his trial has been long since printed in the state trials at large, I leave the reader to his own remarks upon the conduct of the judges, who are generally accused of partiality. Atwood, the chief justice, stimulated these prose- cutions. Lord Cornbury's speech of 13th April, 1704, proves this : " I must acquaint you, gentlemen, that her most sacred majesty, the queen, who is always watchful 166 HISTORY OP NEW- YORK. f < ) i I for the good of her subjects, and considering the danger that some of her subjects of this colony were exposed to, by the wicked construction put by the then chie.' justice upon an act of assembly passed in 1691, intitled "An act &c." has been pleased to com- mand me, and to recommend to you the repealing the last clause in the said act, her majesty being satisfied that no law.s now in force in England are sufficient to punish any person who shall offend in that manner in these parts. The assembly express the highest gratitude, impute the queen's order to the misrepresentations '>f the governor, and rejoice that her goodness will put it "out of the power of vile, crafty, designing men, to vent their own wicked passions under the specious colours of law and justice." Bayard applied to Mr. Nanfan for a reprieve till his majesty *8 pleasure might be known, and obtained it, not without great difficulty, nor till after a seeming confession of guilt was extorted. Hutchins, who was also convicted, was bailed upon the payment of forty pieces of Eight to the sheiiff ; but Bayard, who refused to procure him the gift of a farm of about fifteen hundred pounds value, was not released from his confinement till after the arrival of lord Cornbury, who not only gave his consent to an act for reversing the late attainders, but procured the queen's confir- mation of it, upon their giving aecurity according to the advice of Sir Edward xNorthey, not to bring any suits against those who were concerned in their pro- secution; which the attorney-general thought proper, as the act ordained all the proceedings to be oblite- rated. Prior to the passing of that act Mr. Bayard jgJ-H n I IIWI|ij>>i|l1 HISTORY OF ]\EW-'.OKK. 167 preferred what he entitled his petition and appeal to queen Anne ; in which he alleges that the indict- ment against him was found but by eleven jurors, ''everal of whom wero alions. That the addresses charged to be treasonable were not read at the trial ; that the petty jury were aliens unduly returned and ignorant of the English language ; this request is for a day to be heard, and that copies of records and minutes, and depositions attested by lord Cornbury, may be received as evidences at the hearing ; that the attorney-general may be ordered to attend with Atwood and Weaver, who are both fled to London. It is some confirmation of the petitioner's alle- gations, that the minutes of the privy council of 22d January, 1 702, recites that the queen had that day heard counsel fcr the petitioner and alderman Hutchins ; and Atwood, the chief justice, and Wea- ver, the solicitor-general, by themselves and th^ir counsels ; and that her majesty having considered this matter, vms sensible of the undue and illegal prosecutions against the said Bayard and Hutchins ; and lord Cornbury was ordered to direct the attor- ney-general of the province " to consent to the re- ve^'sal of the sentences against them and all issues an * proceedings thereupon, and to do whatever else may be requisite in the laws, for reinstating the said Bayard and Hutchins in their honour and property, as if no such prosecution or trial had been." This is taken from the order under seal of the council sign- ed Edward Southwell ; and in the minutes of the supreme court for October term, 1703, there is an entry in the followin^^ words, though it is not known bow the records of the court of over and terminer V 1 1 16B HISTORY OP NEW-YORK. ri '' / t\) got there : "Dom. Regina vs. Col Nicholas Bayard, Jamison, for defendant, movc8 \.o havo judgment reversed that was given agninttt the deiendant for high treason, upon several errors brought by the direction of the oi«' en in council ; which errors being read and allowed by the court, and consented to by the attorney-general, it is ordered that judgment bo reversed accordingly, and that the defendant Bp.yard be restored." After Bayard's trial, Nanfan erected n court of exchequer, and again convened the assembly, who thanked him for his lute measures, and passed an act to outlaw Philip French and Thomas Wenham, who absconded upon Bayard's commitment; another 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 expected, the lieutenant- governor 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 Willinm 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's army. King VV illiam in gratitude for his services gave him a commission for this government, which, upon the death of the king, was renewed by queen Anne, who atjthe same time appointed him to the chief command of New-Jersey, the govern- 4 ■.v''» ■-^■... ."-tvss HISTORY OF NEW-YOBK. 169 At^ ment of which the proprietors had lately surrendered into her hniida. As lord Cornbury came to this province in very indigent circumstances, hunted out of Kngland by a host of hungry creditors, he was bent upon getting as ruiich money as he could s^queezc ou^ of the purses of an impoverished people. His ^aleni.-) were perhaps not superior to the most incon.^ lerable of his predecessors ; but in his zeal (n- ♦he cl rch he was surpassed by none. With ght qualifications he began his ad*!;}>/ 'I'a- uje ' J^ s^ > ^^^J^ y V Photographic Sdences Corporation 33 WEST MAIN STREET WEBSTER, N.Y. U580 (716) 872-4503 \ :\ \ rv 6^" > ^ .A. '"i^ ^ ► . ,.- -,.;,.. „lA 170 dtSTOIlT OP NKW-YORK. f-^-./' -'f /I I'' inhabitants, distinguished by the "time of the great sickness."* On this ocoasion lord Combury had bis residence and court at Jamaica, a pleasant village on Long-Island, distant about twelve miles from the city. The inhabitants of Jamaica consisted, at thi^t time, partly of original Dutch planters, but mostly of New-England emigrants, encouraged to settle there, after the surrender, by the duke of York's conditionsforplantations, one of which ^as in these Dvords : " that every township should be obliged to pay their own ministers, according to such agree- ments 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 ministry act was passed by colonel Fletcher, in 169tf, a few episcopdians crept into the town, and viewed the presbyterian church with a jealous eye. The town vote, in virtue of which the building had been erected, contained no clause to prevent its being hereafter engrossed by any other sect. The episco- pal party who knew this, formed a design of seizing the edifice for themselves, which they shortly after carried into execution, by entering the church between the morning and evening service, while the presbyterian minister and his congregation were in perfect security, unsuspicious of the zeal of their * The fever killed almoat oTeiy patient seised with it, and waa brought hem in a Tetnel from St. Thomas, in the Weat Indies, an island renuurkaUe for conta- gions dUeases. ^fti<'*»i*w .^r«¥*^i „ HIg«TORY OF NEW-YORK. 171 adversaries, and a fraudulent ejectment on a day consecrated to sacred rest. Great outrage ensued among the people, for the contention being pro Arts et JFhcis^ was animating and important. The original proprietors of the house tore up their seats, and afterwards got the key and the possession of the church, which were shortly after again taken from them by force and violence. In these controversies the governor abetted the episcopal zealots, and harassed the others by num- berless prosecutions, heavy fines, and long imprison- ments; through fear of which many who had been active in the dispute fled out of the province. Lord Combury's noble descent and education should have prevented him from taking 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 incontrollable ; and hence we find him guilty of an act complicated of a number of vices, which no man could have perpetratetl 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 governor's request ; but in return for the generous benefaction, his lordship perfidiously delivered the parsonage-house into the hands of the episcopal party, and encouraged one Cardwel, the sheriff, a mean fellow, who afterward put an end to his own life, to seize upon the glebe, which he surveyed into lots, and farmed for the benefit of the ( |rv»*»«W'*~rSjr»ls^Sli*:.'>,'Si,''- \* 172 HI8TOBY OF N£W-TORK> episcopal church. These tyrannical measures justly inflamed the indignation of the injured sufferers, and that again the more imbittered his lordship against them. They resented, and he prosecuted ; nor did he confine his pious rage to the people of Jamaica : he detested all who were of the same denomination ; nay, averse to every sect except his own, he in- sisted that neither the ministers nor schoolmasters of the Dutch, the most numerous persuasion in the province, had a right to preach or instruct without his gubernatorial license ; and some of them tamely submitted to his unauthoritative rule.* The royal instructions required the governors of the plantations to give all countenance and encou- ragement to the exercise of the ecclesiastical juris- diction of the bishop of London, as far as conve- niently, might be in their respective provinces, and particularly directed, " That no schoolmaster be henceforward permitted to come from this kingdom, and to keep school in that our said province, without the license of the said lord bishop of London, and that no ether person now there, or that shall come from other part^^, shall be admitted to keep school ■¥«*.;■. ,i■y."?!.'^^>J: >l'."^ 5H.l.t> V ,..,W-!fi:r * It had been made h queation ra king V/illiam's reign, whether the keeping of Khoob wu not by the ancient laws of England, prior to the reformation, of eocletiaatical cognizance. It was thought by Mma that a schoolmaater might be proMcated in the eocleeiaatical courta, for not bringing hie scholars to church, Mconling to the -79th canon in 1 303. Treby, chief justice, and Powell, justice, were of opinion, that being a layman he was not bound by the canons. In 1700, one tarn was libeled fbr teaeliing school at Exeter without the bishop's license, and though it was admitted that the canons did not bind the laity, yet it was conceived that the crown, since the reformation, had authority to Test the superintendeney of schools in the ordinary, but a distinction was taken between grammar schools and schools for inferior instruction. A pro- hibition issued as to the teaching of all aohoolj} except gromftwr tdmlt. Vid. I, P. Williams' Rep. 29-33. ' ..,.=.:>,.,-' V"^^^ i».-~.y.. J BISTORT OF NEW-rORK. 173 in your province without your license first obtained." There is reason to think this instruction has been oontinued from the revolution to the present time, to the governors of all the royal provinces. *v^' a-ff**^^ A general account of his lordship'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. ^ . , ^.i,,- While his excellency was exerting his bigotry during the summer season at Jamaica, the elections were carrying on with great heat for an assembly, which met him at that village in the fall. It con- sisted principally of the party which had been borne down by the earl of Bellomont and his kinsman ; and hence we find Philip F'rench, who had lately been outlawed, was returned a representative for New- York, and William NicoU elected into tlie speaker's chair. ^'''' ■'■■ •■•■'^■•^'■<^'*^-:'^-- '-'-^ ■ ;.-:-^':;-vvf.»^>ii.- Several extracts from his lordship's speech are proper to be laid before the reader, as a specimen of his temper and designs. " It was an extreme sur- prise 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 persons I found here in power, sufficiently proved against them ; and the miserable accounts I had of the con- dition of our frontiers, made me think it convenient 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 j i , r He then recommends the 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 public schools, and an examination of the provincial debts and accounts ; and not only promises to make a faithful application of the moneys to be raised, but that he would render them an account. The whole speech is sweetened with this gracious conclusion : '* 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 depend upon all the protection that good and faithful subjects can desire or expect from a sovereign whose greatest delight is the welfare of her people, under whose auspicious reign we are sure to enj*y what no nation in the world dares claim but the subjects of England; I mean the free enjoyment of the best religion in the world, the full possession of all lawful liberty, and 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 this opportunity to assure you, that as long as I have the honour to serve the queen in the grvern- ment of this province, those laws shall be put in execution, according to the intent with which they were made ; that is, for the preRervation and pro- tection of the people, and not for their oppression. I heartily rejoice to see that the free choice of the people has fallen upon gentlemen whose constant . ««» .^^^-iasa-HP^^' ■tiKiLllUII (IWJIj lo^, — ,. f HISTORY OF NEW-TORK. 175 fidelity to the crown and unwearied application to the good of their country is so universally known.** The hoti«e echoed back an address of high com- pliment to his lordship, declaring, **That being deeply^ sensible of the misery and calamity the eouBtry lay under at his arrival, they were not suffi- ciently aible to express the satisfaction they had both ifk their relief and their deliverer." <'-..' " Wed pleased with a governor who headed their party, the assembly granted to him all he desired : eighteen hundred pounds were raised for the sup- port of one hundred and eighty men to defend the frontiers, besides two thousand pounds more as a present towards defraying the expenses of his voy- age. The queen, by her letter of the 20th of April, in the next year, forbade any such donations for the future. It is observable that though the county of Dutchess had no representatives at this assembly, yet suck was then the known indigence of that now popu- lous and flourishing county, that but eighteen pounds ware apportioned for their quota of these levies. Besides the acts above mentioned, the house brought up a militia bill-, continued the revenue to the 1st of May, 1709, and passed a law to establish a grammar school according to his lordship's recom- mendation. Besides the great harmony that sub- sisted between the governor and his assembly, there was nothing remarkable except two resolves against the court of chancery erected by Mr. Nanfan, occa- sioned by a petition of several disappointed suitors who were displeased with a decree. The resolu- tions were in these words : " That the setting up a ■ U It V -.~rfr:-M-^* ^ 176 BISTORT OF NEW-TORK. court of equity in thin colony, without consent of the general assembly, is an innovation without any former precedent, inconvenient and contrary to the English law." And again: "That the court of chancery, as lately erected and managed here, was and is unwarrantable, a great oppression to the sub- ject, of' pernicious example a>.td consequence ; that all proceedings, orders, and decrees in the same are, and of right ought to be, declared null and void ; and that a bill be brought in according to these two resolutions," which was done ; but though his lordship was by no means disinclined to fix contempt on Nanfan's administration, yet as this bill would dimi- nish his own power, himself being the chancellor, the matter was never moved farther than to the order for the engrossment of the bill upon a second reading* '^ •■Vv;-'''*'--^* •*•'• ■■■■■'•-"'•'*• '"^ i-'y- A^M«'«*fip- Though a war was proclaimed by England on the 4th of May, 1702, against France and Spain, yet as the Five Nations had entered into a treaty of neu- trality with the French in Canada, this province, instead of being harassed on its borders by the enemy, carried on a trade very advantageous to all those who were concerned in it. The governor, how- ever, continued his solicitations for money with unre- mitted importunity, and by alarming the assembly, which met in April, 1703, with his expectation of an attack by sea, fifteen hundred pounds were raised, under pretence of erecting two batteries at the Nar- rows; which, instead of being employed for that use^ his lordship, notwithstanding the province had ex- pejaded twenty-two thousand pounds during the late HISTORY OF NBW-rORK. 177 peace, was pleased to appropriate ii his private advantage.* But let us do him the justice to con- fessi that while he was robbing the public he at the same time consented to several other laws lor the emolument of the clergy. V- Whether it was owing to the extraordinary sa- gacity of the house, or their presumption that his lordship was as little to be trusted as any of his predecessors, alter voting the above sum for the batteries, they added, that it should be " for no other use whatsoever," I leave the reader to determine. It is certain they now begaq to see the danger of throwing the public money into the hands of a re- ceiver-general appointed by the crown, from whence the governor by his warrants might draw it at his pleasure. To this cause we must assign it, that in an address to his lordship, on the 19th of June, 1703, they " desire and insist that some proper and su^cient person might be commifi>sioned treasurer, for the receiving and paying such moneys now intended to be raised for the public use, as a means to obstruct misapplications for the future." Another address was sent home to the queen, complaining of the ill state of the revenue through the frauds which had formerly been committed, the better to facilitate the imports *;: design of having a treasurer dependent on the assedbly. The success of these measures will appear m the sequel. . ,. vj .. ,^,; .^^ "'■ -.■^ .?;- :^, . )' ,ik * The vote on the ways and means to raise this mm is singular : Every member of the council to pay a poll tax of forty shillings ; an assembly man, twenty shillings ; a lawyer in practice, twenty shillings ; every man wearing a periwig, five shillbgs and six pence; a bachelor of twenty-five years and upwards, two sliillings and three pence ; every freeman bttwoon sixteen and sixty, nine pence; the owners of slaves, for each, one shilling. VOL. I. — 29 » iV i\i i I / JKKfihr^yjIi^iMlti.- ;; -;;: '- *^=^^F m ui§Tge of his own capacity in giving, and the present extreme poverty of this coun- try is uuui visible and too apparent." • . '/,-;.<4 v*^ The following was an answer from his lordship: " I think it my duty to require you (which 1 now do) to lay before me, as soon as may be, what those rights are, which you pretend to save in that vote." His lordship could expect only a general answer, nor from the moderate principles of the people of that day, did he dread intimations inconsistent with their loyalty to the queen, or their disaffection to the parent kingdom. The colony politicians of early days contented themselves with general declarations owning a subordination, and yet claiming English privileges ; leaving it to their posterity to ascertain the boundary between the supremacy of England and the submission of her colonies. Happy if both coun- tries had adopted the poet's rule, " Sunt eerti deoique fines " " ' "■ Quos ultra citra que nequit consistere rectum." ■ . > ■ The council and assembly spoke the general sense of the colony in the following passage of their joint representation in favor of the port of Oswego : *' October 29th, 1730. We are truly sensible of, and as truly grateful for, the many principal favours by which his majesty and his royal predecessors have distinguished this colony. Our loyalty and fidelity to his illustrious house, our unfeigned love •^^Lu^:-"*''. i"-|i ■ u'jCWii.tiiiiiiiif'i HISTORY OF NBW'TORK. 181 and affection for our mother country, and the hnppy dependance which wc huve upon the crown and kingdom of Great Britain, lay U8 muU'-r all natural and civil obligHtions so to net in humble station, as may render us useful and serviceable." Our ancestors claimed every social benefit not injurious to the mother country, nor inconsistent with their loyalty to the crown or their dependance upon Great Britain. ^ " ' The governor on the one hand, then proposed an additional duty of ten per cent, on certain goods not immediately imported from Europe, to which the assembly on the other were utterly averse, and as soon OS they resolved againttt it, the very printer, clerk, and door-keeper, were denied the payment of their salaries. Several other i^'^mands being made for the public debts, the house resolved to address his lordship for an exact account of the revenue, which, together with their refusal to admit the .coun- cil's amendment to a money bill, gave him such high provocation, that he was induced to dissolve an as- sembly, whose prodigal liberality hud justly exposed them to the resentment of the people. The lords of trade approved of the dissolution, and added : " we conceive no reason why the coun- cil should not have a right to amend all bills sent up by the assembly, even those relating to money." It continued nevertheless to be the unparliamentary practice of that day (1704) not only to send reasons in writing for and against amendments proposed to bills, but for the speaker to go up with the whole house to a dialogue with the council, where the '. " \ ' '. \) i i } ^i fea r*" " t' utimea..: 182 HISTORY OF NEW-YORK. 1^1 \ ^ u I >.X' (n ^ ' governor tak- ^^ the chair, he became a party in all diapiites between the council and asoembly. The new aeisembly which met on the 14th of June, 1705, neglected the affair of the revenue and the additional duty, though his lordship strongly recom-n mended them both. Among the principal acta passed at this meeting is that for ihe benefit of the clergy, who were entitled to the salaries formerly established by colonel Fletcher, which, though less than his lordship recommended, was doubtless a grateful offering to his unceasing zeal for the church, mani-^ fested in a part of his speech at the opening of the session in these words : ** The difficulties which some very worthy ministers of the church of England have met with, in getting the maintainance settled upon them by an act of the general assembly of this province, passed in the year 1693, moves me to propose to you the passing an act explanatory of the before-mentioned act, that those worthy men who have ventured to come so far for the service of God- in his cliurch, and the good and edification of the people, to the salvaticHi of their souis, may not for the future be vexed, as some of them have been; but may enjoy in quiet that maintainance which was by a law provided for them.* I farther recommend to you, the passing an act to provide for the main- tainance of some ministers in some of the towns at the east end of Long- Island, where I do not find any provision has been yet made for propagating religion." ;;•■,..•:,■ , "' i UI8T0BT OF NEW-YORK. 18d ) 1 ;,:« Our harbour being wholly unfortified, a French privateer actually entered it in 1 705, and put the inhabitants into great consternation. The assem- bly, at their session in June, the next year, were not disinclined, through th importunity of the people, to put the city in a better posture of defence for the future ; but being ^lly convinced, by his lordship^s embezzlement of £1500 formerly raised for two batteries at the Narrows, and near £1000 levied for the protection of the frontiers, that he was no more to be trusted with public moneys, offered a bill for raising £3000 for fortificatitms, appoint- ing that Slim to be deposited in the hands of a private person of their own nomination ; but his excellency did not pass it till their next meeting in title fall, when he informed them that he had received the queen's commands, *' to permit the general assem- bly to name their own treasurer when they raised extraordinary supplies for particular uses, and which are no part of the standing and constant revenue ; the treasurer being accountable to the three branches of the leghilature, and the governor always acquaint- ed with the occasion of isnuing such warrants ; and all persons concerned in the iemuing and disposing of such moneys must be made accountable to the governor, council,, and assembly." <;»u?>ji /^v^ij^iv^f^: k; The vote to appoint a treasurer for the public money they raised, passed on the 20th of June, 1705. The assembly soon after took occasion, in framing a bill to defray the charges of fusiliers, spies, and outscouts, for the defence of the frontiers, to render the sums due payable by their trtamrer. The council called them to a conference upon it the !^ *, ' 1 1 ■( 184 HISTORY OF ^EW-YORK. KV \ n< c^ I r ; • 4th of October. The assembly desired their ob- jections in writing. These were, t»iB,; . /^^i^ vr:* At-J:,- That it gave a sum to her majesty and not to her heirs and successors. \ ^t^ i -vi,;, v-,^.? ar^»;r. 5?^* i;?-^; . ,2. That the treasurer is compelled tu give security to account to the general assembly, instead of the crown, the high treasurer, or commissioners of the treasury. 3. That the moneys are made issuable upon pri- vate certificates of service. And the council say they proceed upon the royal instructions, which they recite. The assembly answer to the first, that it is plain from the bill that the money to be raised is for the use of the crown, and the bill in this respect similar toothers passed. by this guyernor and approved at hume^^ ji .' A j«»*.-i^, -i. iik-i».v*-^3..., ?'v!.i t- .• %Ji-^, ,ij » , ,■ ?»:>>! .>< ,^« • . .,.,»- '_ ■ ,. r..v,.\ <~» To the second, that though he is made account- able to the general assembly, there is nothing in the bill to prevent hi«i accounting also to the queen ai^d the treasury, -it .viv. ■i■»^'S4i''^«^r.t^-'>v•A^r;^^l'^^;*^ ^Relative to the third, they observe that the in- struction hid been generally taken as a restriction on the governors, against the disposition of public money without the approbation of the council, and they insist upon the c\auae8y :vui;xiiM%mff.-'.^^,yfimiiui^imi-- ■tijl. Because governors and receivers-general have always quarrelled, and the latter been suspended, and all accounting thereby eluded. >!f •>*'"• .?:^ 2. Because receivers, on the loss of their offices, have generally left the province. «rn,r; ,*^v^* 3. Because money raised for the defence of Al- bany had never been applied to that use. :. - - < /! < HISTORY OF NEW-YORK. 185 sir ol?- ■,-^. •»'t"- -\ I not to security of the ; of the pon prl- say they ch they is plain 3 for the t similar roved at account- in the leen and the in- istriction public icil, and jral have aipended, r offices, ce of Al- . . - -«.'/>;ji'» The conferences closed by the revival of the objection to the counciPs interfering in the amend- ments of money bills ; and a sudden prorogation followed, to such a distant day, as his lordship was afterwards compelled to retract for an earlier meet- ing, not without exciting doubts concerning the legality of their next convention, some months before the day to which they had been in a passion prorogued. Though there was then reason to apprehend an attack from the French, and several bills were passed to raise money for the defence of the colony, his lordship could not prfvail upon the assembly to waive their objections, so that the services remained unprovided for until the assembly carried their point of having a treasurer of their own. with the queen's consent, as above expressed in his lordship's speech of 27th September, 1706 By a clause in an act for raising a fund for the defence of the frontiers, passed 5th Anne, the treasurer was to give such security as William NicoU, the then speaker, should approve, but no recognizance or bond could ever be found. His lordship's renewing the proposal of raising fortifications at the Narrows, which he had himself hitherto scandalously prevented, is a proof of his excessive effrontery and contempt of the people ; and the neglect of the house to take the least notice either of that matter or the revenue, occasioned another dissolution Before I proceed to the transactions of the new- assembly, which did not meet till the year 1708, it will not be improper to lay before the reader the account of a memorable proof of that persecuting VOL. I. — 2A i1 \ H \i m ^ V ii'i -iim-'-"- ^'T-ni- 186 HISTORY OP NEW-YORK. spirit which influenced lord Combury's whole administration. *' The inhabitants of the city of New-York con- sistqid 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 smaller number of English and Irish presbyterians, who having neither a minister nor a church, used to assemble themselves every Sunday at a private house, for the worship of God. Such were their circumstances when Francis M'Kemie and John Hampton, two presbyterian ministers, arrived here in January^] 7U7. As soon as lord Cornbury, who hated the whole pernuasion, heard that the Dutch had consented to M Kemie^s preach- ing in their church, he arbitrarily forbid it; so that the public worship, on the next sabbath, was per- formed with open doors at a private house. Mr. Hampton preliched the same day at the presbyterian church in New-Town, distant a few miles from the city. At that village both these ministers were two or three days after apprehended by Cardwel, the sheriff, pursuant to his lordship's warrant, for preach- ing without his license From thence they were led in triumph a circuit of several miles through Jamaica to New- York. They appeared before his lordship with an undaunted courage, and had a conference with him, in which it is difficult to determine whether my lord excelled in the character of a savage bigot or an unrnaimerly tyrant. The 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 N HISTORY OP NEW-YORK. 187 whole •k con- )on the ifugeeS) palians; id Irish 3r nor a Sunday . Such I'Kemie linisters, as lord n, heard i preach- ; 80 that was per- se. Mr. sbyterian from the were two Jwel, the preach- were led 1 Jamaica i lordship inference ileterraine fa savage ministers e founded nt of the 3t that the >r ecclesiastical statutes had no relation to this colony ; and that its religious state consisted in a perfect parity between protcstants of all denominations. They erroneously supposed that all the penal laws extended to ihis province, and relied for their de- fence on the toleration act, offering testimonials of their having complied with that act in Virginia and Maryland, and promised to certify the house in which M 'Kemie had preached to the next sessions. His lordship's discourse 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 England, 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 the consequence they drew from it arguen 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 w no law there can be no transgression ; but according to these incom- parable sages, if the penal laws and the toleration act were restricted to the realm of England, as they contended, then the poor clergymen, for preaching without his license, were guilty of a heinous crime against his private, unpublished instructions; and for this cause he issued an informal precept to the sheriff of New-York, for their commitment to jail till further orders. They continued in confinement, through the absence of Mompesson, the chief jus- tice, who was in New-Jersey, six weeks and four days, but were then brought before him by writ of i P<».1«» , i 4 >— .V ;,Mr~~-'' ..^jiii^mM^ 188 HISTOUT OF NEW-TORK. habeeu corpus. Mompesson being a man of learning in his profession, and his lordahip now apprised of the illegality of his first warrant, issued another on the very day of the test of the writ, in which he vir- tually contradicts what he had before insisted on at his conference with the prisoners. For according to this, they were imprisoned for preaching without being qualified as the toleration act required, though they had offered themselves to the sessions during their imprisonment. They were then bailed to the next supreme court, which began a few days after. Great pains were taken to secure a grand jury for the purpose, and among those who found the indict- ment, to their shame be it remembered, were several Dutch and French protestants. Mr. M'Kemie returned to New- York, from Vir- ginia, in June, and was now come to his trial on the indictment found at the last court. As to Mr. Hamp- ton, he was discharged, no evidence being offered to the grand jury against him. Bickley, the atlttrney general, managed the prose- cution in the name of the queen ; Reignere, NicoU, and Jamison ap|>eared for the defendant. The trial was held on the 6th of June, and being a cause of great expectation, a numerous audience attended. Roger Mompesson sat on the bench as chief justice, with Robert Mil ward and Thomas Wenham for his assistants. The indictment was in substance, that Francis M'Kemie, pretending himself to be a pro- testant dissenting minister, contemning and endea- vouring to subvert the queen*s ecclesiastical supre- macy, unlawfully preached without the governor's license first obtained, in derogation of the royal /' < HISTORY OP NEW-YORK. 189 authority and prerogative : that he used other rites and ceremonieH than thone contained in the com- mun-prayer book. And lastly, that being unqualified by law to preach, he nevertheless did preach at an illegal conventicle: and both these last charges were laid to be contrary to the form of ihe English sta- tutes. For it seems that Mr. Attorney was now of opinion, that the penal laws dit I 190 HISTORY OP NEW-YORK. ficulty to acquit the defendant, who through mo shameful partiality of the court, was not discharged from his recognizance, till they had illegally extort- ed all the fees of Win prosecution, which, together with his expenses, amounted to eighty-three pounds seven shillmgs and six pence. , ,' .1 ,- ./' Lord Cornbury was now daily losing the favour of the people. The friends of Leisler had him in the utmost abhorrence from the beginning, and being all spies upon his conduct, it was impossible for his lordship to commit the smallest crime unnoticed. His persecution of the presbytorians very early in- creased the number of his enemies; the Dutch too were fearful of his religious rage against them, as he disputed their right to call and settle ministers, or even schoolmasters without his special license His excessive avarice, his embezzlement of the public money, and his son! id refusal to pay his private debts, bore so heavily upon his reputation, that it was impossible for his adherents either to support him .; themselves against the general opposition. Such being the temper of the people, his lordship did not succeed according to his wishes in the new assembly, which met on the 19th of August, 1708. The members were all against him, and William NicoU was again chosen speaker. . Among the several things recommended to their consideration, 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 insensible of the importance of the Indian interest, and of the infinite arts of the French, to seduce them from our alliance, but suspicious that HISTORY OF NEW-TORK. 191 his lordship, who heretofore had given himself little concern about that matter, was seeking a fresh op- portunity to defraud the public, they dexired him to give them a list of the articieu of which the presents were to consist, together with an estimate of the charge, before they wuuld provide for that donation. ' With respect to the revenue, his lordship was not so successful, for the assembly resolutely refused to continue it; though they consented to an act to dis- charge him from a contract of £250, and upwards, which he had made with one Hanson for the public service. Thomas Byerly was at that timexollector and receiver-general, 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 provision for their discharge. Colonel Schuyler, who had expended large sums on the public credit, was among the principal sufferers, and joined with several others in an application to the house, that Byerly might be compelled to account. The disputes relating to this matter took up a considerable part of the session, and were liti- gated with great heat. Upon the whole an act was passed for refunding £700 which had been misap- plied. The resolutions of the commitee of grievances, approved 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 incessant soli6itations of his creditors, that he not only omitted to justify himself, but to show 1 lii .#• 192 HUTORT or NCW-TOBK* ( even an impotent resentment; for after all the censures of the house, he tamely thanked tht^m for passing the bill to discharge him from a small debt, which they could not in justice have refused. The resolutions were in these words: ^ , "Resolved, That it is the opinion of this committee, that the appointing coroners in this colony, without their being chosen by the people, is a grievance and contrary to law.* a -; ■ < " Mewlved, That it is and always has been the unquestionable right of every freeman in this colony, that he ^hath a perfect and entire property in his goods and estate. *' Jtesolvedt That the imposing and levying of any moneys upon her majesty's subjects of this colony, under any pretence or colour whatsoever, without consent in general asnembly, is a grievance and a violation of the people's property. "Resolved, That for any officer whatsoever to extort from the people extravagant and unlimited fees, or any money whatsoever, not positively esta- blished and regulated by consent in general assem- bly, is unreasonable and unlawful, a great grievance, and tending to the utter destruction of all property in this plantation. '* Resolved, That the erecting a court of equity without consent in general assembly, is contrary to law, without precedent, and of dangerous conse- quence to the liberty and property of the subjects. ** Resolved, That the raising of money for the government, or other necessary charge, by any tax, * See lord Bacon's works, fol. edit, vol. n. 152 ; and yet the coroners in erery county are still appointed by the governor. 1^ UIBTOKY OF NEW-YOKK. 199 nU the v.m for II debt, . The imittee, without uce and leen the colony, ty in his g of any I colony, without ce and a oever to inlimited ely esta- il asaem" rievance, property [)f equity ntrary to 18 con»e- subjects* for the r any tax, impost, or burthen 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 impoveriwhing of the rent of the planters, freeholders, and inhabitants of this colony ; of most pernicious consequence, which, if continued, will unavoidably prove the ruin of the colony. : .? »< "Regolvedt I'hat the excessive sums of money screwed from masters of vessels trading h<.>re under the notion of port charges, visiting the said vessels by supernumerary officers, and taking extraordinary fees, is the great discouragement of trtide, and strangers coming amongst us, beyond the precedent of any other port, and without colour of law. " Resolved, That the compelling any maii, upon trial by a jury or otherwise, to pay any fees for his prosecution, or any thing whatsoever, unless the fees of the officers whom he employs fur his necessary defence, is a great grievance, and contrary to justice."* Lord Cornbury was no less obnoxious to the people of New-Jersey than to those of New- York. The assembly of that province, impatient- of his tyranny, drew up a complaint against him, which they sent home to the queen. Her majesty graciously listened to the cries of her injured subjects, divested him of hin power, and appointed lord Lovelace in his stead, declaring that she would not countenance her nearest relations in oppressing her people. ' As soon as my lord was superseded, his creditors * '^ I s^ •oneiB in every * This had a special relation to the lato prosecuUoii of Mr. M'Kemio. VOL. 1. — 25 ■ t » „«».._»,'.,>. , 194 HISTORY OP meW-TORK. ll ^f : threw him into the custody of the pherifT of New- York ; and lie Yemained here till the death of his father, when succeeding to the earldom of Claren- don, he returned to Kngland. We never had a governor no universally detested, nor any who so richly deserved tiie public abhor- rence. In spite of his noble descent, his behaviour was trifling, mean, and extravagant. It was not uncommon for him to dress himself in a woman's habit, and then to patrole the fort in wMch he resided. Such freaks of low humour «x to^^d him to the universal contempt of the people; •»ut their indignation was kindled by ois dwest tradesmen in his em- ployment unsatisfied in their just demands. . John, lord Lovelace, baron of Hurley, was ap- pointed to this government in the spring, 1708, but did not arrive here till the 18th of December fullow- ^ng. Lord Cornbury's oppres8ive, mean adminis- tration had long made the people very desirous of a change ; and therefore his successor was received with universal joy. Having dissolved the general assembly soon after his accession to the government, he convened a new one on the 5th of April, 1709, which consisting of members of the same interest with the last, re-elected William I\icoll, the former speaker, into the chnir. His lordship told them at the beginning o\ ^.u, Mossion, " That he I ad brought with him larg »: 'lie ■. of soldiers and stores of war, as well as presents for the Indians," than which nothing could be more agreeable to the people. He IIINTORY OP NEW- YORK. 195 New- of his llaren- leatedy abhor- [laviour naelf in ■\ wli'icli y.»0>i '^d ac rule, itice not editors ; his em- [was ap- 7(18, but r follow- adiiiinis- ous of a received general ernmenti •il, 1709, interest former them at brought s of war, in which Dple. He lamented the groatncss of the provincial debts, and the decay of public credit ; but atiil recommended their ruJHing u revenue, for the same term with that establisiiiod hy the act in the lltli year of tlie last rei^n. He al^o pressed the discharge of the debts of the ^.vrrnment, and their examination of the public accounts, ' lliHt it may be known (says he) what this debt in, and that it may appear hercufler to alf the world, tiiat it was not contracted m my time." This oblique reflection upon his predecessc •, who was now ignominiouHly imprisoned by hiss creditors, was displeasing to no body. Though the assembly in their answer, hear 4y congratulated his lordship's arrival, and th.- ik(!d ^e queen for her care of the province, yet tney sutu- ciently intimated their disinclination to raise the revenue, which the govern ir had requested. " Ou> earnest wishes (to use the words of the address) arr that suitable measures may be taken to encourage the few inhabitants left to .lay in it, and others to come. The just freedom enjoyed by our neighbours, by the tender indulgence of the government, has extremely drained and exhausted us both of people and stock; whilst a different treatment, the wrong methods too long taken, and severities practised here, have averted and deterred the usual part of mankind from settling and com ng hitherto." To- wards the close, they assure lim, *' that as the beginning of his government gav - them a delightful prospect of tranquillity, so the) were come with minds prepared to consult the go »d of the country and his satisfaction." K ^ 1/ ? \l 196 HISTORY OP NEW-YORK. !• '■ .hip died of a disorder contracted in crossing thci ferry at his first arrival in the city of New York His lady continued here 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 after- wards. ♦ I H THE HISTORY OF NEW-YORK. PART IV. FROM THE CANADA EXPEDITION IN 1709, TO THE ARRIVAL OF GOVERNOR BURNET. * ,?J Lord Lovelace being dead, the chief command devolved upon liichard Ingoldsby, the lieutenant- governor, the same who had exercised the govern- ment several years before, upon the decease of colonel Sioughter. His short administration is remarkable, not for his 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 St. Lawrence, was the first projector 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 the plan of operations with Francis Nicholson, formerly our lieutenant-governor, who at the request of Ingoldsby, the council, the assembly, Gurdon Saltonstal, the governor of Connecticut, and Charles Gookin, lieu- tenant-goyernor of Pennsylvania, accepted the chief A^-l I 198 HI8T0RY OF NEW-YORK. ) ' '• command of the provincial forces, intended to pene- trate 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 hills of credit was passed, an expedient without which we could not have con- tributed to the expedition, the treasury being then totally exhausted. Universal joy now brightened every man's countenance, because all expected the complete reduction 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, extend the British empire, and augment our trade, we exerted ourselves to the utmost for the success of the expedition. As soon as the design was made knr^v!- . to the house, twenty ship and house carpenters were impressed into the service for building batteaus ; commissioners also were appointed to purchase provisions and other necessaries, and empowered to break open houses for that purpose, and to impress men, vessels, horses, and wagons, for transporting the stores. Four hundred and eighty-seven men, besides the inde- pendent companies, were raised and despatched to Albany 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 provisions, which were transported with great despatch. The province of New- York, all things considered, has the merit of having contributed more than any of her neighbours towards this expedition. Pennsylvania gave no kind of aid, and New-Jersey was only at the expense of HISTORY OP NEW-YORK. 199 £3000. One hundred batteaus, 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 procured and maintained six hundred Indians, and victualed a thousand of their wives and children at Albany during the campaign. : i / ' The history of an infant country must consist of many events comparatively trivial: they were never- theless often characteristic. Some of our levies for the expedition were Dutchmen. General ^ich<)lson applied to Mr. Dubois, a city minister, for a person to read prayers to the Dutch soldiery. Dubois, who, if one may so speak, was a presbyterian bishop among the Dutch churches, then supplied with pas- tors from Holland and other parts of the United Provinces, and under the care of the (^lassis of Am- sterdam, informed the assembly of this request. The house named a serious layman, of the name of Paulus Van Viech, for this service, and ordered Mr, Dubois and two other Dutch ministers to examine him before two of the council and as many assem- blymen, " and if he was found orthodox, to ordain and qualify him for the ministerial function accord- ingly." Van Vlech urged their compliance, and had a second command upon the ministers. Two of them, Dubois and Antonides, signified by a me- morial, " That they were not empowered to ordain any person to the ministerial function in the Dutch churches, by the directions of the Classis of Amster- dam ; and therefore prayed they may not be ordered r <"■ m v^ h 1 -• — _— -,.•■— ■-»r—*'- .-■.■•'^i,-',--^-^^' --T' ■rar ^J • I 200 HISTORY OP NEW-YORK. i ' ^ to do any thing inconsistent with the constitution of the church to which they belong." Colonel Livings- ton presented this memorial, upon which no other step was taken. The legislature was at that time chiefly composed of members of the Dutch churches, in which the ministers had great sway : and therefore the clergy were puzzled with no questions, respecting the divine rights of ordination, claimed by all presby- terian ministers; nor a doubt started concerning the authority of the Classis of Amsterdam, under the capitulatory articles of 1664. Having put ourselves to the expense of above twenty thousand pounds towards this enterprise, the delay of the arrival of the fleet spread a general discontent through the country ; and early in the fall, the assembly addressed the lieutenant-governor to recall our forces from the camp. Vetch and Nicholson soon after broke up the campaign, and retired to Newport in Rhode-Island, where there was a congress of governors. Ingoldsby, who was invited to it, did not appear in compliance with the inclination of the assembly, who incensed at the public disappointment, harboured great jealousies of all the first promoters of the design. As soon therefore, as lord Sunderland's letters, which arrived 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 manner in which this province had exerted itself in the late undertaking. Had this expedition been vigorously carried on, doubtless it would have succeeded: the public aftairs '.*. '^5?'' HISTORY OP NEW-YORK. 201 at home were conducted by a wise ministry, the allied army triumphed in repeated Huccosses in Flanders, and the court of Fran<'.e was in no condi- tion to give assistance to so distant a colony as Canada. The Indians t)f the Five Nations were engaged, through the indtifatigable solicitations of colonel Schuyler, to join heartily in the attempt; and the eastern colonies had nothing to fear from the Ouwenagungas, because those Indians had a little before concluded a peace with the confede- rates. In America every thing was ripe for the attack : at home, lord 8un«lerland, the secretary of state, had proceeded so far as to despatch orders to the queen's ships at Boston to hold themselves in readiness, and the British troops were upon the point of their embarkation. At this juncture, the news arrived of the defeat of the Portuguese, which reducing our allies to great straits, the forces intended for the American adventure were then ordered to their assistance, and the thoughts of the ministry entirely diverted from the Canada expe- dition. As we had not a man in this province, who had more extended views of the importance of driving the French out of Canada than colonel Schuyler, so neither did any person more heartily engage in the late expedition. 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 encou- ragement and assistance, and very much impaired his own fortune by his liberality to their chiefs. VOL. I. — 2f> ■I 202 UlSTOKY OP NEW- YORK. 1.1' 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 labour- ing to debauch their fidelity. Impressed with a strong sense of the necesity of some vigorous measures against the French, colonel Schuyler was extremely discontented at the late disappointment, and resolved to make a voyage to England at his private expense, the better to incul- cate on the ministry the absolute necessity of re- ducing Canada to the crown of Great Britain. For that purpose he proposed to carry home with him five Indian chiefs. The house no sooner heard of his design than they came to a resolution, which in justice to his distinguished merit I ought not to sup- press. It was this: " Resolved, Nemine contradicente, That the hum- ble address of the lieutenant-governor, council, and general assembly of this colony to the queen, repre- senting the present state of this plantation, be com- mitted to his charge and care, to be presented by himself to. her sacred 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 performed faithful services to this and the neighbouring colonies, and behaved himself in the offices with which he has been in- trusted with good reputation, and the general satis- faction of the people in these parts." HISTORY OP NEW-YORK. 203 The address to the queen contains this ill-penned but interesting information : " We conceive it our indispensible duty to lay at your royal foot how. dan- gerous the French are seated at Canada, and the maxims they follow for making themselves formi- dable there. It is well known they can go by water from Quebec to Montreal. From thence they can do the like, through rivers and lakes, at the back of all your majesty's plantations on this continent as far as Carolina ; and in this large tract of country live several nations of Indians who are vastly nume- rous: among those they constantly send emissaries and priests, with toys and trifles, to insinuate them- selves into their favour. Afterwards they send traders, then soldiers, and at last build forts among them; and the garisons are encouraged to inter- marry, cohabit, and incorporate among them ; and it may easily be concluded, that upon a- peace many of the disbanded soldiers will be sent thither for that purpose. They having already a fort and gar- rison at Tieughsaghrondie, being the chief hunting place of our Indians, and about five hundred miles from Canada ; and other forts and settlements as many miles further: how pernicious this in time will prove to your majesty's subjects on this coast, we cannot think on but with the greatest concern ; for should they, having by degrees brought those vast nations to their devotions, fall on your majesty's said plantations, it would hardly be in the power of any forces that could be sent from Great Britain to reclaim or reduce them; it being impossible for Christians to pursue and overtake those Indians in 1 I ;'(> M^:>t- S04 HISTORY OP NEW-YORK. t \V the woods, they being reputed to bo swifter than any other nations. " The arrival of the five sachems in England made a great bruit throughout the whole kingdom. The mob followed wherever they went, and small cuts of them were sold among the people. I'he court was at that time in mourning for the death of the prince of Denmark: these American kings* were therefore dressed in black under cloths 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 advised to make a show of them A more than ordinary solemnity attended the audien.:e they had of her majesty. Sir Charles Cotterel conducted them in two coaches to St. James', -and the lord chamberlain introduced them into the royal presence. Their speech, on the 19th of April, 1710, is preserved by Oldmixooi and was in these words : — " Great Queen, f* We have undertaken a long voyage, which none of our predecessors could be prevailed upon to un- dertake, to see 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 acquainted with our long and tedious war, in con- junction with her children, against her enemies the * ThtB title is commonlj bestowed on the sachems, though the Indiaqs have no such dignity or office amongst them. ^'^^^tfe^i HISTORY OP NEW-YORK. 205 French ; and that we have been as a strong wall for their security, even to the loss of our best men. We were mightily rejoiced w. i we heard our great queen had resolved to send an army to reduce Canada, and immediately, 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 design at present, which made us sorrowful, lest the French, who had hitherto dreaded us, should now think us unable to make war against them. The reduction of Canada is of great weight to bur 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 wampum, and in hopes of our great queen's favour, leave it to her most gracious consideration." While colonel Schuyler was at the British court, captain Ingoldsby was displaced, and Gerardus Beekman exercised the powers of government, from the lOth 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 Benslaer, Mr. Philipse, Hunter was a native of Scotland, and, when a boy, put apprentice to an apothecary. He left his 206 HISTORY OP NEW-YORK. f, 'ftr maiiter and went into the army; and beinipr a man of wit and personal beauty, recommended himself to lady Hay, whom he afterwards married. In the year 1707, he was appointed lieutenant-governor of Virginia, but being taken by the French in his voyage to that colony, he was carried into France, and upon his return to England, appointed to suc- ceed lord Lovelace in the government 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 distinguished for their good sense and learning; and perhaps it was by their interest he was advanced to this profi.r.ble place. Governor Hunter brougLt over with him near three thousand Palatines, who the year before fled to England from the rage of persecution iu Ger- many. 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 tho pleasantest situations on Hudson*s river ; right opposite, on the west bank are many other families of them. Some went into Pennsylvania, and by the 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 beneficial to them than serviceable to this colony. They have behaved themselves peaceably, and lived with great industry. Many are rich ; all are pro- HISTORY >F JSEW'S HK. 207 testants, and well aflfected to the govern m. T\% same must be said of those who have Ih ly settK i amongst us, and planted the 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 become dangerous to our colonies.* The late attempt to attack Canada proving abor- tivei exposed us to consequences equally calamitous, dreaded, and foreseen. While the preparations were making to invade it, the French exerted them- selves in cajoling their Indian allies to assist in the repulse; and as soon as the scheme dropped, nu- merous parties were sent out to harass the English frontiers. These irruptions were principally made on the northern parts of New-England, where the most savage cruelties were daily committed. New- York had, indeed, hitherto escaped, being covered by the Indians of the Five Nations ; but the danger we were in induced governor Hunter, soon after his arrival, to make a voyage to Albany, where he met the confederate chiefs and renewed the old covenant. * The surprising importation of Germans into that colony, gave rise to the scheme of dispersing English clergymen and schoolmasters amongst them. The project is founded on principles of sound polity. If a political mission among the Indians had been seasonably encouraged, the province of Pennsylvania might have escaped all that shocking devastation, which followed tlie fatal defeat of general Braddock's army on the 9th of July, 1755 ; and would perhaps, have prevented even the erection of fort Quesue, which has ah%ady cost the nation so much blood and treasure. i f yi 1 ( 208 HISTORY OF NEW'YORK. While there, ho was strongly solicited by the New- England governments, to engHgn uur Indians in a war with those who were dully rnvngiiig their bor- ders, but he prudently declined u measure which might have exposed his own province to a general devastation. A treaty of neutrality subsisted at that time between the confederates and the Canada French and their Indians, which depending upon the faith of lawless savages, wan at best but preca- rious, 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 others most unseasonable. However the people of New- England might censure the governor it was a proof of his wisdom to refune their request; for besides a want of men and arms to defend us, our forts were fallen down and our treasury exhausted. The new assembly met at New- York, on the 1st of September. Mr. Nicoll, the speaker, Mr. Living- ston, Mr De Lancey, and colonel Morris, were the members most distinguished for their activity in the house. Mr. De Lanoey was a protestant refugee, a native of Caen, in Normandy, and, by marrying a daughter of Mr. Courtlandt, connected with a family then perhaps the most opulent and extensive of any in the province. He was an eminent merchant, and by a successful trade had amassed a very considera- ble fortune. But of all these, colonel Morris had the greatest influence on our public affairs He was u man of letters, and though a little whimsical in his temper, was grave in his manners and of penetrating parts. Being excessively fond of the society of men of sense and reading, he was never IIIMTORY OF NEW-YORK. 209 wearied at a sitting till the spirits of the whole com- pany were dissipated. From his infancy he had lived in a manner best adapted to teach him the nature of man, and to fortify his mind for the vicissi- tudes of life. lie very early lost both his father and mother, and fell under the patronage of his uncle, formerly an officer of very considerable rank in Cromweirs army, who after the restoration dis- guised himself under the profession of quakerism, and settled on a fine farm within a few miles of the city, called, after his own name, Morrisania. Being a boy of strong passions, the general indication^} of a fruitful genius, ho gave frequent offence to his uncle, and, on one of these occasions, through fear of his resentment, strolled away into Virginia, and thence to Jamaica in the West Indies,* where, to support himself, he set up for a scrivener. After several years spent in this vagabond life he returned again to his un^le, who received the young prouigal with joy ; and, lo reduce him to regularity, brought about his marriage with a daughter of Mr. Graham, a fine lady, with whom he lived above fifty years, in the possession of every enjoyment which good sense and polite manners in a woman could afford. The greatest part of his life, before the arrival of Mr. Hunter, was spent in New-Jersey,t where he * He was one of the council in that province, and a judge of the aupreme court there, in 1692. Upon the surrender of the government to queen Anne, in 1702, he wos named to bo governor ot tlio colony; but the appointment wu changed in favour of lord Cornbury, the queen's cousin, T Hugh Coppathwait, a quakor zealot, was his preceptor : the pupil taking advantage of his enthusiasm, hid himself in a tree, and calling to him, ordered him to preach the gospel among the Mohawks. The credulous quaker took it for a miraculous call, and wuti upon the point of setting ' . ' ivhtin the cheat wni discovered. VOL. I.— 27 ) 11 (i 'TK3«*-»*f^*' 210 HISTORT OF NEW-YORK. I V ^ signalized himself in the service both of the pro- prietors and the assembly. The latter employed him to draw up their complaint against my lord Cornbury, and he was made the bearer of it to the queen. Though he was indolent in the management of his private affairs, yet through the love of power he was always busy in matters of a political nature, and no man in the colony equalled him in the knowledge of the law and the arts of intrigue. From this character, the reader will easily perceive that governor Hunter showed his prudence in taking Mr. Morris into his confidence, his talents and ad- vantages rendering him either a useful friend or formidable foe. Such were the acting members of this assembly. When brigadier Hunter spoke to them, he recommended the settling a revenue, the defence of the frontiers, and the restoration of the public credit, which Lord Cornbury had almost en- tirely destroyed. To stifle the remaining sparks of our ancient feudsi he concluded with these words: " If any go about to disturb your peace by reviving buried parties or piques, or creating new ones, they shall meet with no countenance or encouragement from me ; and I am sure they deserve as little from you." The address of the house was perfectly agreeable to the governor. They promised to provide for the sup- port of government, and to restore the public credit, as well as to protect the frontiers. In answer to the close of his speech, they declare their hope, " That such as excited party contentions might meet with as little credit, and as much disgrace, as they deserve." This unanimity, however, was soon interrupted : Colonel Morris, for some warm words dropped in a HISTORY OP NEW- YORK. 211 debate, was expelled the house; and soon after a dispute arose between the council and assembly, concerning some amendments made by the former to a bill " For the treasurer's paying sundry sums of money." The design of it in mentioning the par- ticular sums, and rendering them issuable by their own officer, was to restrain the governor from repeating the misapplications which had been so frequent in a late administration. The council for that reason opposed it, and adhered to their amend- ments ; which occasioned a pre ogation, on the 25th of November, after the passing of several other necessary laws. Mr. Hunter cautiously avoided entering publicly into the dispute between the two houses, till he knew the sentiments of the ministry, and then he opened the spring session with a speech too singular not to be inserted : " Gentlemen : I hope you are now come with a disposition to answer the ends of your meeting, that is, to provide a suitable support for her majesty's government here, in the manner she has been pleased to direct ; to find out means to restore the public credit, and to provide better for your own security. "They abuse you, who tell you that you are hardly dealt by in the augmentation of salaries. Her ma- jesty's instructions which I communicated to you at our last meeting, might have convinced you that it was her tenderness towards her subjects in the plan- tations, who suffered under an established custom of making considerable presents to their governors, by acts of assembly, that induced her to allot to each \'] h 212 HISTOKY OP NEW-YORK. 14 h t, ^Vs, of them such a salary as she judged sufficient for their support in their respective stations, with a strict prohibition of all such presents for the future; which instruction has met with a cheerful and grate- ful compliance in all the other colonies. "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 resent- ment has fallen upon the governor, it is the govern- ment 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 giving 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 con- sent 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 are you resolved that burden shall lie still upon the governor, who cannot accuse himself of any thing that may have deserved this treatment at your hands ? " Will you take care of the debts of the govern- ment, or, to increase my sufferings, must I continue under the torture of the daily cries of such as have ;t^*<,TJP*«gg»>J"@^'3«^J' : HISTORY OF NEW-YORK. 213 just demands upon you, and are in misery, without the power of giving them any hopes or relief? " Will you take moi*e 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 winter, 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 cul- tivating a good understanding betwixt us ; I hope it will be so construed, and wish heartily it may have that effect." Perplexed with this remarkable speech, the assem- bly, after a few days, concluded, that as his excel- lency had prorogued them in February, while he was at Burlington, in the province of New-Jersey, 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 per- sons of distinction, returned to Boston with commo- dore Martin and colonel Nicholson ; the latter of whom commanded the forces designed against Port- Royal and the coast of Nova Scotia. In this enter- prise the New-England colonies, 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 Newfoundland, Nicholson again urged the prosecution of the scheme for the reduction of Canada ; which having been strongly recommended by the Indian chiefs, as the only 214 HISTORY OF NEW-YORK. > 1 i effectual means to secure the northern colonies, was now again resumed. Towards the execution of this project, five thou- sand troops from England and Flanders were sent over, under the command of brigadier Hill, the brother of Mrs. Masham, the queen's new confidant on the disgrace of the dutchess of Marlborough. The fleet of transports under the convoy of sir Hoveden Walker arrived, after a month's passage, at Boston, on the 4th of June, 1711. The provisions with which they expected to be supplied there beii.j,' not collected, the troops landed. Nicholson, who was to command the land forces, came immediately to New- York, where Mr. Hunter convened the assembly on the 2d of July; The re-election of the same members who had served in the last, was a sufiicient proof of the general aversion to the esta- blishment 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 West- Chester, joined the governor's interest. Brigadier Hunter informed the assembly of the intended ex- pedition, and the arrival of the fleet and forces ; that the quota of this province settled by the council of war at New-London, was six hundred private sen- tinels and their officers ; besides which he recom- mended their making provision for building batteaus, transporting the troops and provisions, subsisting the Indians, and for the contingent charges: nor did he forget to mention the support of government and the public debts. The house was so well pleased with the design ■-rjj*"" HISTORY OP NEW-YORK. 216 upon Canada, that they voted an address of thanks to the queen, and sent a committee to Nicholson, to congratulate his arrival, and to make honourable acknowledgment of his " sedulous application to her majesty for reducing Canada." In a few days time, an act was passed for raising forces ; and the assem- bly, by a resolution, according to the governor's advice, restricted the price of provisions to certain particular 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 grant- ed the governor 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 transports, 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 Ingoldsby, colonel Whiting, and colonel Schuyler, tha latter 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 governor-general, sent his orders from Montreal to the sieur De Beaucourt, to hasten the works he was about at Quebec, and commanded that all the regulars and militia should ' \ jr*>»-. ^MK..,..,.— »- ■■-• u 216 HISTORY OP NEW- YORK. % i \ u t r be held in readiness to march on the first warning. Four or five hundred Indians, of the more distant nations, arrived at the same time at Montreal, with Messieurs St. Pierre and Tonti, who, together with the Caghnuagp proselytes, took up the hatchet in favour of the French. Vaudreuil, after despatching 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 ir.outh of St. Lawrence river; and fearing to lose the company of the transports, the wind blowing fresh at north-west, he put into Gaspey Bay, and continued there till the 20th of the same month. Two days after he sailed from thence, the fleet was in the utmost danger, for they had no soundings, were without sight of land, the wind high at east south-east, and the sky darkened by a thick fog. In these circumstances, the fleet brought to by the advice of the pilots, who were of opinion that if the ships lay with their heads to the southward, they might be driven by the stream into the midst of the channel ; but instead of that, in two hours after, they found themselves on the north shore, among rocks and islands, and upon the point of being lost. The men of war escaped, but eight transports, contain- ing eight hundred souls, officers, soldiers, and sea- men, were cast away. Two or three days being spent in recovering what they could from the shore, '*^li*^' ..^,.,.ii®*^».*.'<*''/-j< HISTORY OF NEW-YORK. 217 it was determined at a consultation of sea officers, to return to some bay or harbour, till a further resolution could be taken. On the 14th of Sep- tember they arrived at Spanish-River bay, where a council of war, consisting of land and sea officers, considering that they had but ten weeks' provision, and judging that they could not depend upon a sup- ply from New England, unanimously concluded to return home, without making any further attempts; and they accordingly arrived at Portsmouth on the 9th of October, when, in addition to our misfortunes the Edgar, a 70 gun ship, was blown up, having on board above four hundred men, besides many per- sons who came to visit their friends. As soon as the Marquis De Vaudreuil, by the accounts of the fishermen and two other ships, had reason to suspect that our fleet was returned, he went to Chambly, and formed a camp of 3000 men to oppose 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 had befallen the fleet, and that the people of Albany were in the utmost consternation^ The new ministry are generally censured for their conduct in this expedition by the whigs, who con- demn both the project and the measures taken towards its execution. The scheme was never laid before the parliament, 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 relied upon New-England for sup- plies, and this destroyed the design ; for the ships VOL. I — 28 V ' I 1 218 HISTORY OF NEW-TORK. (v (, '. 1 \ tarried at Boston till the season for the attack was over. According to lord Harley*s account of this expe- dition, the whole was a contrivance of Bolingbroke, Moore, and the lord chancellor Harcourt, to cheat the public of twenty thousand pounds. The latter of these was pleased to say " No government was worth serving, that would not admit of such advan- tageous jobs." Apprehensive that the enemy would fall upon our borders, as they afterwards really did, in small parties, upon the miscarriage of that enterprise, governor Hunter pressed the assembly in autumn to continue a number of men in pay the ensuing winter, and to repair the out forts. After the house had passed several votes to this purpose, his excellency, during the session, went up to Albany, to withdraw the forces of the colony, and give orders for the necessary repairs. The public debts, by this unfortunate expedition, were become greatly enhanced, and the assembly at last entered upon measures for the support of the government, 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 controversy arose between those two branches of the legislature. The council assigned instances that amendments had formerly been allowed ; and besides this argument, drawn from precedent, in- sisted that they were a part of the legislature, constituted as the assembly were "by the mere grace of the crown f adding that the lords of trade had determined the matter in their favour. The 1 4 Ji fe vassssr.. ■«•-» -~Ji| .'iSi^ ""'^'^^f^liMKw' HISTORY OP NEW-YORK. 219 house nevertheless adhered to iheir resolutions, and answered in these words : " 'Tis true, the share the council have (if any) in the legislation, does not flow 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 people in the constitution, which they are not, being all commons ; but only from the mere pleasure of the prince signified in the com- mission. On the contrary, 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 th^ crown ; but from the free choice and election of the people, who ought not to be divested of their pro- perty (nor justly can) without their consent. Any former condescensions of other assemblies will not prescribe to the council a privilege to make any of those amendments ; and therefore they have it not. If the lords commissioners for trade and plantations did conceive no reasons why the council should not have a right to amend money bills, this is far from concluding there are none. The assembly understand them very well, and are sufliciently con- vinced of the necessity they are in, not to admit of any encroachment so much to their prejudice." Both houses adhered obstinate y to their respec- tive opinions : in consequence of which, the public 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 governors of the eastern colonies I 220 HISTORY OF N£W-TORK. I < formed a design of engaging the Five Nations in a rupture with the French, and wrote on that head to Mr. Hunter ; who, suspicious that his assembly would not approve of any project that might increase the public debts, laid their letter before the house, and, according to his expectations, they declared against the scheme. About this time Mr. Hunter, by the advice of his council, began to exercise the office of chancellor, having, on the 4th of October, appointed Messrs. Van Dam and Philipse, masters ; Mr. Whileman, register; Mr. Harrison, examiner; and Messrs. Bharpas and Broughton, 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. **Re8olvedi That the erecting a court of chancery without consent in general assembly, is contrary to law, without precedent, and of dangerous con- sequence to the liberty and property of the subjects. " That the establishing fees, without consent in general assembly, is contrary to law." The council made these votes the subject of part of along repre- sentation, which they shortly after transmitted to the lords of trade, who, in a letter to the governor, in answer to it, approved of his erecting a court of equity, and blamed the assembly ; adding, " That her majesty has an undoubted right of appointing such, and so many courts of judicature, in the plantations, as she shall think necessary for the distribution of justice." At the next meeting, in May, 1712, colonel Hun- ter strongly recommended the public debts to the IlISTOUY OF NEW-YORK. m consideration of the assembly, informing them, that the lords of trade had signified tl:eir opinion with respect to the amending money bills in favour of the council. The house neglected the matters laid before them, and the governor broke up the session by a short prorogation of three days. After which they soon passed an act for paying his excellency 8025 ounces of plate. Our public affairs never wore a more melancholy aspect than at this junc- ture. Among the Five Nations many emissaries from the French were daily seducing them from the British interest, and our late ill success gave such a powerful influence to their solicitations, that the Indians even at Catskill sent a belt of wampum to those in Dutchess county, to prepare for a war. The Senecas and Shawanas were also greatly dis- affected, and it was generally apprehended that they would fall upon the inhabitants along Hudson's river. An invasion was strongly suspected 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 the town, had burnt down a house in the night, and killed several people who came to extinguish the fire ; for which nineteen of them were afterwards executed. But distressed as the colony then was, the assembly were inflexibly averse to the establishment of a reve- nue, 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 receiver-general should give security, residing in the colony, for f, h 223 HISTORY or NEW-YORK. f. > the due execution of his office; and, every quarter, account to the governor and council for the sums he might receive. That the creditors of the govern- ment should, every three months, deliver in their demands to the governor and council ; when, if that quarter's revenue equalled thu amount of such debts, the governor, by the advice of council, should draw for it ; but if the revenue for that quarter should fall short of the governor's demands, then the war- rants were to bo drawn for so much only as remained, and the creditors should afterwards receive new drafts for their balances in the next ouarter. That no warrant should bo issued until the quarterly account of the revenue 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 account also to the assembly when required, and permit all persons to have recourse to his books. The house turned a deaf ear to this plausible project, and displeased with a letter from the lords of trade, favouring the council's claim to amend money bills, they agreed upon an address to the queen, protesting their willingness to support her government, complaining of misapplications in the treasury, intimating their suspicions that they were misrepresented, and pray- ing an instruction to the governor to give his consent to a law for supporting an agent to represent thera at the court of Great Britain. Provoked by this con- duct, and to put an end to the disputes subsisting between the two houses, his excellency dissolved the assembly. Before the meeting of the next assembly, the HISTORY OF NEW-YORK. 223 the peace of Utrecht was concluded, on the Slst of March, 1713. A peace, in the judgmont of many, dishonourable to Great Britain, and injurious to her allies. I shall only consider it vi'ith relation to our Indian affairs. The reader doubtless observed, that lord Bellomont, after the peace at Ryswick, con- tended with the governor of Canada, that the Five Nations ought to be considered as subjects of the British crown, and that the point was disputed even after the death of count Frontenac. It docs not appear that any decision of that matter was made between the two crowns, till the treaty of Utrecht, the fifteenth article of which is in these words : "The subjects of France inhabiting Canada, and others, shall hereafter give no hindrance or molesta- tion to the five nations or cantons of Indians, sub- ject to the dominion of Great Britain, nor to the other nations of America who are friends to the same. In like manner, the subiects cf Great Britain shall behave themselves peaceably towards the Ameri- cans who are subjects or 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 French colonies, for pro- moting trade on one side and the other, 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 became entitled, at least for any claim that could / /; ;■«?• '«^ .' I f.. > w 224 HISTORY OF NEW-YORK. justly be interposed by the French, to the sovereignty over the country of the Five Nations, concerning the extent of which, as it never was adjusted by commissaries, it may not be improper to say a few words. _ When the Dutch began the settlement of this country, all the Indians on Long-Island and the northern shore of the sound, on the banks of the Connecticut, Hudson, Delaware, and Susquehanna rivers, were in subjection to the Five Nations ; and within the memory of persons now living, acknow- ledged it by the payment of an annual tribute.* The French historians of Canada, both ancient and modern, agree that the more northern Indians were driven before the superior martial prowess of the confederates. The author of the book entitled " Relation de ce qui s'est passe de plus rcmarquable aux Mission de Peres de la Compagnie de Jesus, en la nouvelle France," published with the privilege of the French king, at Paris, in 1661, writes with such singular simplicity, as obviates the least suspicion of those sinister views so remarkable in the late French histories. He informs us that all the northern Indians, as far as Hudson's Bay, were harassed by the Five Nations: "Partout(says he, speaking in the name of the Missionaries) nous trouvons Iroquois, qui comme un phantotne importun, nous obsede en tons lieux." In the account he gives of the travels of a father, in 1658, we are told that the banks of the upper lake were lined with the Algon- quins, " ou la crainte des Iroquois leur a fait cher- *^ A little tribe settled at the Sugar Loaf mountain, in Orange county, to thii day make a yearly payment of about £20 to the Mohawki. ««-«;a|j;_^_ HISTORY OF NEW-YORK- 225 cher un asyle." Writing of the Hurons, "La nation la plus sedentaire et la plus propre pour les se- mences de la foy," he represents them as totally destroyed by the confederates. Charlevoix, whose history of New France is calculated to countenance the encroachments of the French, gives the follow- ing description of the territory of the confederates. " The country of the Iroquois (says he) extends itself between the 41st and 44th degrees of north latitude, about 70 or 80 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. Sacra- ment to Niagara, and a little above 40 leagues from north to south, or rather north-east and south-west, from the head of the Mowhawks' river to the river Ohio. Thus the last-mentioned river and Penn- sylvania bound it on the south. On the west it has lake Ontario; and lake Erie on the north-west; St. Sacrament and the river St. Lawrence on the north; on the south and south-east, the province of New- York. It is watered with many rivers. The land is in some places broken, but generally speaking, very fertile." In this partial description, the Jesuit is neither con- sistent with his geographer or several other French authors ; and yet both his history and Mr. Bellin's maps, in 1744,t which are bound up with it, furnish * Tlie river issuing from lake Champlain, is called Rivieres des Iroquois de Richelieu end Sorel, but the last is now most commoUiy used. t Mr. Bellin published a new set of maps in 1745, the first plato bein;; thought too favourable to our claims, especially in the protraction of the north side of the bay of Fundy, for Nova-Scotia, which, in the second plate, was called "the south part of Now France." General Shirley, one of the British com- missaries for settling the disputed limits, took occasion to speak of this altera- tion to Mr. Bellin at Paris, and informed him that 100 copies of his first maps were dispersed in London, upon which he discovered some surprise : but instead (71 rt 226 HISTORY OF NEW-YORK. " \\ J I - is: many strong evidences in favor of the British claims. I will point out a few instances. The ancient coun- try of the Hurons is laid down on the north side of lake Erie, by which we are ascertained' of the extent of territory to which the Five Nations are entitled by their conquest of that people. The right of the confederates to the south side of that lake, is also established by their dispersion of the Cat Indians, to whom it originally belonged. The land, on both sides of the lake Ontario, is admitted to be theirs by this geographer, who writes on the north, "Les Iro- quois du Nord," and on the south side, ♦* Pays des Iroquois." Hennepin, La Hontan, and Delisle, 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 ih*- *■ ords, ^* There are likewise on the north side of •■•;', Iro- quois villages, Tejajahon, Rente, 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 Hen- nepin's account the more remarkable is, that these villages were there in 1679, seven years after the erection of fort Frontenac. From whence it may fairly be argued, that their not opposing thoso works, was by no means a cession of the country to the of urging any tiling in support of the variation in his new draft, said, smiling, *' we in France must follow the command of the monarch " I mention this to show, that since the Frcncli govornmcnt interposes in the construction of their maps, they are proper evidence uirainst them. Among the English, Dr. MitchePs IS the only authentic one extant. None of the rest, concerning America, have passed under Uio examination, or received the panction of any public board; and, for this reason, they ought not to be ronstrncd to » ur prejiidict', Add. that tlu'v q-cnrrally copy frcirii llw Fr^i\rli. „-„.J,,.., HISTORY OP NEW-YORK. 227 5> French ; and indeed Charlevoix himself represents that matter as carried on by a fraud, for, says he, "Under pretext of seeking their advantage, the governor had nothing in view, que de les tenir en bride" To these attestations, which are the more to be depended upon, because they are given by the French vi^riters, whose partiality leads them to con- fine 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 Mississippi ; and on the north side of those lakes, that whole territory between the Outa- wais river and the lake Huron, and even beyond the straits 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 surrender to king William, in 1701, of which I took notice in its proper place : and, doubtless, to that and lord Bellomont's contest with count Frontenac, we must ascribe it, that the Five Nations were afterwards so particularly taken notice of in the treaty of Utrecht. The British title to fort Frontenac, and the lands on the north-west side of Cadaraqui river, has of late been drawn into question by some, who from jealousy, or other motives equally shameful, were • Mr. Bellin \.(j of the middle British colonies, and two pamphlets published by Lewis Evans. "The French, says he, being in possession effort Frontenac at the peace of Ryswick, which they attained during their war with the confederates, gives them an undoubted title to the acquisition of the north-west side of St. Lawrence river, from thence to their settlement 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, coun- tries, lands, or dominions he then enjoyed, that I said the French had an undoubted title to theif acquisition of the north-west side of St. Lawrence river, from Frontenac to Montreal." Whether the treaty ought to be considered as having any relation to this matter, is a question which I shall not take upon me to determine. The map-maker supposes it to be applicable, and for the present I grant it. The twelfth article of this treaty is in these words : — " The most christian king shall restore to the king of Great Britain all countries, islands, forts, ar.d colonies, wheresoever situated, which the English did possess before the declaration of the present war. And in like man- ner 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 the said declaration of war." If I '*fv HISTORY OF NEW-YORK» 229 ) i therefore the British subjects were in possession of fort Frontenac 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. Whate ;er 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 Indians 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 declaration of war terminated by the peace of Ryswick." To which I reply, that the Indians acquired a title in 1688, either by con- quest or dereliction, or both ; and that the crown of Great Britain had a right to take advantage of their acquisition, in virtue of its sovereignty over the Five Cantons. That they were our dependents, was strongly and often insisted upon by governor Dongan and lord Bellomont,and the point remained stibjmlice till the treaty of Utrecht. Then a deci- sion was solemnly made in our favour, which looks back, as the determination of all disputes do, at least as far as the first rise of the controversy; posterior to which, and prior to king William's war, his Indian subjects obtained the possession of the fort in ques- tion.f Whence I think it may be fairly deduced, if we take the treaty of Ryswick for our rule, that fort Frontenac, which was regained by the French during ^,| *■ Le fort de Catarocouy etoit evacuu ct ruiiie. — Charltvoiv. I Tlie Five Nations entered the fort in 1688, and tiic war against France wn* not proclaimed till May, 1680. 230 HISTORY OP NEW-YORK. their war with us, ought to have been surrendered to the British crown. Every public transaction oetween the French and the Five Nations, without the participation of the government of Great BritHin, since the Indians were claimed as our dependents, is perhaps absolutely void, and parti- cularly the treaty of peace made between the Indians and the cheva!*er De Callieres after the death of count Frontenac* 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 British title, because the treaty of Aix la Chapelle renews and confirms that executed at Utrecht in 1713, and expressly stipulates, that the dominions of the contracting parties shall be in the same con- dition " which they ought of right to have been in before the late war." Commissaries were soon after appointed to adjust the controverted limits, who accordingly met at Paris, and continued the negotia- ''' Evans's map and first pamphlet, or analysis, were published in the summer 1755, and tliat part in favour of the French claim to Frontenac was attankeH by two papers in the New- York Mercury, in January, 175G. This occasioned his publication of the second pamphlet the next spring, in which hu endeavours lo support liis map. Ho was a man in low circumstances, in his temper precipitute, 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 his head with a considerable collection of materials, and a person of more judgment than he had. might, for a few days, receive advantages from his conversation. He piqued himself much upon his two maps, which are how- ever, j ustly chargeable with many errors. His ignorance of language is evident, both in them and the two pamphlets of his analysis, the last of which is stuffed with groundless aspersions on general Sliirley, who deserves so well from these colonies, tliat on that account, and to weaken the authority of a map ]irejudicial to his majesty's rights, I beg the reader's excuse for this infraction of the old rule, de mortuis nil nisi honum. He died at New- York, June 19, 1 756, under an arrest for a gross slander, uttared against Mr. Morris, the governor of Penn^yl- »)inia. V\M\ HI8T0UY OF NEW-YORK. 231 tion till the French king perfidiously seized upon several parts of Nova-Scotia, or Acadia, the settle- ment of the bounds of which was part of the very business of the commissaries. This gave rise to the present operations, and the longest sword will deter- mine the controversy. Brigadier Hunter was disappointed in his expec- tations upon the late dissolution, for though the elec- tions were very hot, and several new nembers came in, yet the majority were in the interest of the late assembly, and on the 27th of May, 1713, chose Mr. Nicoll into the chair. The governor spoke to them with great plainness, informing them that it would be in vain to endeavour to lodge the money allotted for the uupportof government, in any other than the hands of the queen's officers. " Nevertheless, (says he) if you are so resolved, you may put the country to the expense of a treasurer, for the custody of money raised for extraordinary uses." He added, that he was resolved to pass no law till provision 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 governor gave his assent to that and an excise bill on strong liquors, which continues to this day, producing into the treasury about one thousand pounds per annum. After a short recess, several other laws were enacted in the fall; but the debts of the government still remained unnoticed, till the summer of the year 1714. A lonp session was then almost entirely devoted to that single affair. Incredible were the numbers of the public creditors ; new demcnds were every day {} 232 HISTORY OP NKW-YOUK. '.'.)/. fl Is made. Petitions came in from all quarters, and even tor debts contracted before the revolution. Their amount was nearly twenty-eight thousand pounds. To pay this prodigious sum, recourse was had to the circulation of bills of credit to that value. These were lodged in the hands of the province treasurer, and issued by him only, according to the directions of the act. The news of the queen's death arriving in the ensuing fall, a dissolution ensued of course ; and a new house met in May, 1715, which continued only to the 21st of July ; for the governor being now determined to subdue those whom he could not allure, again dissolved the assembly. He succeeded in his design, for though Mr. Nicoll was re-elected into the chair on the 9th of June, 1716, yet we plainly perceive by the harmony introduced between the several branches of the legislature, that the majority of the house were now in the interest of the governor An incontestible evidence of cheir good under- standing appeared at the session in autumn, 1717, when the governor informed them of a memorial which had been sent home, reflecting upon his administration. The house immediately voted an address to him, which was conceived in terms of the utmost respect, testifying their abhorrence of the memorial as a false and malicious libel. It was supposed to be written by Mulford, a representative for Suffolk county, who always opposed the mea- sures 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 HISTORY OF NEW- YORK. 233 itative mea- |hip of jheme and delivered to the members at the door of the house of commons, but never had the author's intended effect. It was at this meeting the council, on the 3 1st of October, sent a message by Mr. Alexander, then deputy secretary, to the house, desiring them " to appoint proper 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-Jersey will bear half the expense thereof." The assembly had a bill before them, at that time, which afterwards passed into a law, for the payment of the remaining debts of the government, amounting to many thousand pounds; in which, after a recital of the general reasons for ascertaining the limits between New- York and New- Jersey on the one side, and Connecticut on the other, a clause was added to defray the expense of those services. Seven hundred and fifty ounces of plate were enacted " to be issued by warrant, under the hand and seal of the governor of this province for the time being, by and with the advice and con- sent of his majesty's council, in such parts and por- tions as shall be requisite for that service, when the survey, ascertaining, and running the said lino, limit, and boundary, shall be begun, and carried on, by the mutual consent and agreement of his excellency and council of this province, and the proprietors of the soil of the said province of New-Jersey." According to this law, the line " agreed on by the surveyors and commissioners of each colony was to be con- clusive." Another sum was also provided by the .same clause, for running the line between New- VOL. J. — 30 234 lIIflTORY OF NEW-YOKK. / J York and Connecticut; and in the year 1719, an act was passeil for the 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 governor's prevailing interest in the house, or owing to his infirm state of health, that he desired, by a letter to the general assembly, on the 18th of May, 17 18, to be discharged from the speaker's place, is uncertain. His request was readily granted, and Robert Livingston, esq. chosen in his stead. The concord between the governor and this assembly was now wound up to its highest pitch. Instead of other evidences of it, I shall lay before the reader his last speech to the 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 assembly in this session. I hope that what remains unfinished, may be perfected by to-morrow, when 1 intend to put a close to this session. " I take this opportunity also to acquaint you, that my late uncertain state of health, the care of my little family, and my private affairs on the other side, have at last determined me to make use of that license of absence, which has been some time ago so graciously granted me, but with a firm reso- lution to return to you again, if it is his majesty's pleasure that I should do so : but if that proves otherwise, I assure you that whilst I live, I shall be watchful and industrious to promote the interest and welfare of this country, of which J think I am under V IIIHTUKY UF N£W-VOUK. 235 the strongest obligations, for the future, to account myself a countryman. ** i look with pleasure on the present quiet and flourishing state of the people here, whilst I reflect on that in which I found them at my arrival. As the very name of party or faction seems to be for- gotten, may it forever lie buried in oblivion, and no strife ever happen amongst you, but that laudable emulation who shall approve himself the most zealous servant and most dutiful subject of the best of princes, and most useful member of a well esta- blished and flourishing community, of which you, gentlemen, have given a happy example, wh'ch I hope will be followed by future assemblies. I men- tion 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, though it was signed by all the members. Whether Mr. Hunter deserved the eulogium they bestowed upon him, I leave \'he reader to determine. It is certain that few pkiitation governors have the honour to carry home with them such a testimonial as this : 4 t€ Sir " When we reflect upon your past conduct, youf just, mild, and tender administration, it heightens the concern we have for your departure, and makes our grief such as words cannot truly express. You have governed well and wisely, like a prudent magistrate, like an affectionate parent ; and where- ever you go, and whatever station the divine provi- dence shall please to assign you, our sincere desire** V iJ36 III8TOKY OK NKW-YOHK. 1 };■ ^ I '' I and prayers for the happinesH of you and yourfly shall always attend you. " We have seen many governors, and may see more ; and as none of those who had the honour to serve in your station, wore ever so justly fixed in the affections 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 calling jurself our countrymOii ; give us leave then to desire that you will not forget this as your coun* try, 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 com- mands deny us tiiat happiness, permit us to address you as our friend, and give us your assistance, whey we are oppressed with an administration the reverse of yours." Colonel Hunter departing the province, the chief command devolved, the 31st of July, 1719, on Peter Schuyler, esq. then the eldest member of the board of council. As he had no interview with the assembly during his short administration, in which he behaved with great moderation and integrity, there is very little observable in his time, except a treaty at Albany with the Indians, for confirming the ancient league, and the transactions respecting the parti- tion line between this and the colony of New-Jersey: concerning the latter of which I shall now lay before the reader a very summary account. The two provinces were originally included in the grant of king Charles to the duke of York. New- Jersey was afterwards conveyed by the duke to lord illHTOKY OF NKW-VOKK. 237 Ilerkley and sir G(!orge Carteret. This again, by a deed of partition, wa.s divided into cast and went Jersey, the former being r<. leased to sir (Jeorge Car- teret, and the lattt^r to the assigns of lord Berkley. The line of division extende«l from Little Egg har- bour to the north partition point on Delaware river, and thus both those tracts became concerned in the limits of the province of New-York. The original rights of lord Berkley and sir George Carteret, are vested in two diHerent sets, consisting each of a great number of perHons, known by the general name of the Proprietors of East and West Jersey, who, though they surrendered the powers of govern- ment to queen Anne in the year 1702, still retained their property in tne soil. These were the persons interested against the < .im of New- York. It is agro«d on all sidr*?, that the deed to New-Jersey is to be first satisfi -d ( ut 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 ji line drawn from the latitude of 41° 4'»' on Delaware, to the latitude of 41". on Hudson's river, and allege that before the year 1671, the latitude of 41° was reputed to be fourteen miles to the northward of Tappan creek, part of those lands being settled under New-Jersey till 1684. Thfv dso contend that in 1684 or 1685, Donsran and Lawrie, (the former governor of New- York, and the latter of New-Jersey,) with their respective councils, agreed that the latitude on Hudson's river was at the mouth of Tappan creek, and that a line from thence to the latitude of 41** 40' on Delaware should be the boundary line. In 1686, Robinson, 238 HISTORY OF NEW-YORK. 11. t ' \'i ] 1^ ''„; Wells,* and Keith, surveyors of the three severat provinces, took two observations, and found the latitude of 41° to be l' 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 objections, which it is not my business to enumerate. It is not pretended by any of the litigants, that a line according to the stations settled by Dongan and Lawrie was actually run ; so that the limits of these contending provinces must long have existed in the uncertain conjectures of the inhabitants of both ; and yet the inconveniences of this unsettled state, t^rough the infancy of the country, were very inconsiderable. In the year 1701, an act passed in New-York, relating to elections, which annexed Wagachemeck, and great and little Minisink, 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, that the legislature of New- York then deemed those plantations not included within the New-Jersey grant. Such was the state of this affair till the year 1717, when provision was made by this province for run- ning the line : the same being done in New-Jersey the succeeding year, commissions for that purpose, imder the great seals of the respective colonies, were issued in May, 1719. The commissioners by inden-' * The same who left the quakflra, and took orders in iho churcii of En;rland. Burtui't hittory of hit own times. M i % Itj y HISTORY OF NEW-YORK. 239 ture dated the 25th of July, fixed the north station point on the most northern branch of the Delaware, called the Fishkill; and from thence a random line was run to Hudson's river, 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 many persons) interested in several patents under New- York, who before imagined their rights extended to the southward of the random line. The New-York surveyor afterwards declined proceeding in the work, complaining of faults in the instrument which had been used in fixing the north station on Dela- ware. The proprietors, on the other hand, think they have answered his objections, and the matter rested, without much contention, till the year 1740. Frequent quarrels multiplying after that period, re- lating to the rights of soil and jurisdiction southward of the line in 1719, a probationary act was passed in New-Jersey, in February, 1748, for running the line ex parte, if the province of New- York re- fused to join in the work. Our assembly soon after directed their agent to oppose the king's confirmation of that act, and it was accordingly dropped, agreeable 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 your majesty : We have lately I iS i i 240 HISTORY OF NEW-YOKK. had under our consideration an uct passed in your majesty's province of New- Jersey, in 1747-8, enti- tled, "An act for running and ascertaining the line of partition and division betvirixt this province of New-Jersey, and the province of New-York." "And having been attended by Mr. Paris, solici- tor in behalf of the proprietors of the eastern division of New-Jersey, with Mr. Hume Campbell and Mr. Henley, 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 counsel 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 w'lich arise upon this act are of two sorts, viz. such as relate *o the principles upon which it is founded, and such as relate to the transactions and circum- stances 77hich 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 separate capacity, can neither make nor establish boundaries ; it can as little prescribe regulations for deciding differences between itself and other par- ties concerned in interest. " The established limits of its jurisdiction and territory, 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 i HISTORY OF NEW-YORK. 241 the concurrence of all parties concerned in interest, or by the regular and legal forms of judicial pro- ceedings : and it appears to us, that the method of proceeding must be derived from the immediate authority of the crown itself, signified by a commis' sion from your majesty under the great seal : the commission of subordinate officers and of derivative powers, being neither competent nor adequate to such purposes: to judge otherwise would be, as wc humbly conceive, to set up ex parte determinations and incompetent jurisdictions in the place of justice and legal authority. " If the act of iVew-Jersey cannot include other parties, it cannot be effectual to the ends proposed ; and that it would not be effectual to form an absolute decision in this case, the legislature of that province seems sensible, whilst it endeavors to leave to your majesty's determination, the decision of one point re- lative to this matter, and of considerable importance to it; which power you rmajesty cannot derive from them, without their having the power to establish the thing itself, without the assistance of your majesty. "As we are of opinion that the present act, with- out the concurrence of other parties concerned in interest, is unwarrantable and inefiectunl, we shall in the next place consider whet transactions and proceedings have passed towuiJs obtaining such concurrence. ** The parties interested are your majesty and the two provinces of New- York and New-Jersey. Your majesty is interested with respect tc your sovereignty, seigneurie, and property ; and the said provinces with respect to their government and jurisdiction. VOT., T.— 81 \\\ ■ i\ )i *«e!yifc*«i»«- -wr: — ■ .^•oaMMB w ' I n Ui r»v (* ' I ii42 HISTOUY 01<' Ni:W-¥OKK. " With regard to the transactions on the part of New- York, we heg leave to observe, that whatever agreements have been made formerly between the two provinces for settling their boundaries ; what- ever acts of assembly have passed, and whatever commissions have been issued by the respective governors and governments ; the proceedings under them have never been perfected, the work remains unfinished, and the disputes between the two pro- vinces subsist with 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 crown ; the crown never participated in them, and therefore cannot be bound with respect to its interests by proceedings so authorized. "The interest which your majesty has in the determination of this boundary, may be considered in three lights : either as interests of sovereignty, respecting mere government ; of seigneurie, which respect escheats and quitrents; or of property, as relative to the soil itself; which 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 reverted to your majesty. " With regard to the first of these interests, viz. that of sovereignty, it has been alleged 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 different light with respect to your majesty's interest in the quitrents and escheats ; in both which articles the situation of the two pro- vinces appears to us to make a very material altera- ■ •-.;• HISTORY OF JNEW-YOKK. 243 tion: tor although the province of New- Jersey is not under regulations of propriety or charter with res- pect to its government, yet it is a proprietary province with respect to the grant and tenure of its territory, and consequently as Ne\ -York is not in that pre- dicament; the determination of the boundary in prejudice tu that province, will affect your majesty's interest with respect to the tenure of such lands as are concerned in this question : it being evident, that whatever districts are supposed to be included in the limits of New-Jersey, will immediately pass to the proprietors of that province, and be held 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 alleged that the crown has already made absolute grants of the whole territory that can possibly come in ques- tion under the denomination of this boundary, and reserved only trifling and inconsiderable quitrents on those grants : but this argument does not seem to us to be conclusive, siilce it admits an interest in your majesty, the greatness or smallness of which is merely accidental ; and therefore does not affect the essence of the question : end we beg leave to observe, that in the case of exorbitant grants with inconsiderable quitrents ; and where consequently it may reasowibly 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 seigncurie, seems rather to be enlarged than diminis!^ed. " Thi.^ being the case, * rppcars lo us vliat gover- nor Hunter ouirht not to have issued his com»nis' Wa »U .»-■»- ■'**-A-y«t^..i,^-'- -— ^ 244 HISTORY OP NEW-YORK. mi 5 sion for running the line above mentioned, without having previously received the royal direction and instruction fbr that purpose ; and that a commission issued withoii* '?ncb !iuthority, can be considered, with respect i>i the inieres*? of the crown, in no other light r imp n-i a ntere rallity: and even with respect to N<5w-York, we oi*? ; ve that the said com- missicii is qucstionabla, as t'. does not follow the directiojis of t'le above-mentioned act, passed in 1717, which declares, that the commission to be isauod, shall be granted u det the joint authority of the governor and councii of that province. " Br^t k has been . ther urged that the crown has since confirmed lihese transactions, either by pre- vious declarations or by subsequent acquiescence, and consequently participated in them so far as to include itself: we shall therefore, in the next place, beg leave to consider the circumstances urged for this purpose. " It has been alleged that the crown, by giving consent 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 under the commission issued by governor Hunter ; but the view and purpo i be a sufficient r jdation to warrant f?se prr> jdmgs of !?overnor ,' ler subsequent to it, witlumt a special UI8TORY OP NEW- YORK. 245 fi^'/Jiority from the crown for that purpose ; and there is *he more reason to be of this opinion, as the crown, by giving its assent to that act, can be con- strued to have assented only to the levying money for a future purpose; which purpose could not be effected by any commission but from itself; and, therefore, can never be supposed to have thereby approved a commission from another authority, which was at that time already issued, and carrying in execution, previous to such assent. ** We further 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 ascer- tained, pursuant to the directions of an act passed at New- York for that purpose, in the year 1719, and confirmed by his late majesty in 1723; the transac- tions between the said province and colony, upon liiat occasion, have been alleged to be similar to, and urged as a precedent, and even as an approbation of the matter now in question : but we are humbly of opinion that the two cases are materially and essentially different. The act passed in New- York, in 1719, for running and ascertaining the lines of partition and division between that colony and the colony of Connecticut, recites, that in the year 1683, the governor and council of New- York, and the governor and commissioners of Connecticut, did, in council, conclude an agreement concerning the boundaries of the two provinces; that, in con- sequence of this agreement, commissioners and surveyors were appointed on the part of each go- vernment, who did actually agren, determine, and ascertain, the linos of partition ; marked out a certain m' TT ^46 HISTORY OP NEW-YORK. m } I •-! h part of thein, 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 governors ; entered on record in each colony, in March 1700 ; approved and confirmed by order of king William, the third, in his privy council ; and by his said majesty's letter to his governor of New- York. From this recital it appears to us, that those transactions were not only carried on with the participation, but confirmed by the express act and authority of the crown ; and that confirmation made the foundation of the act passed by New- York, for settling the boundaries betv/een the two provinces ; of all which authority and foun- dation ine act we now lay before your majesty 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 maybe 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 partici- pation of the crown ; we cannot think it advisable to lay this act before your jnajesty, as fit to receive your royal apprbation. " Which is most humbly submitted, " Dunk Halifax, "J. Grenville, " James Oswald, "Andrew Stone. " Whitehall, .July 1«, 1753." , 'ff-i, I ■I ■r'UVttli^Mi'. ---*- y ?i.».»..^>« - 4 ■Jt.. THE HISTORY OF NEW-YORK. PARI V. FROM THE YEAR n90 TO THE COMMENCEMENT OF THE ADMINISTRATION OF COLONEL COSBY. ■* r William Burnet, esq. took upon him the govern- ment of this province, on the 17th of Septembcri 1720. The council named in his instructions were Col. Schuyler, Col. Depeyster, Capt. Walter, Col. Beekman, Mr. Van Dam, Col. Heathcote, Mr. Burnet was a sol Mr. Barbarie, Mr. Philipse, Mr. Byerly, Mr. Clarke, Dr. Johnston, Mr. Hari^on. the celebrated bishop of that name, whose piety and erudition, but espe- cially his zeal and activity for the glorious revolution and protestant succession, will embalm his memory to the most distant ages. The governor was a man of sense and polite breeding, a well read scholar, sprightly, and of a social disposition. Being devoted to his books, he ab d from all those excesses into which his pleasurable relish would otherwise have plunged him. He studied the arts of recom- mending himself to the people, had nothing of the I Lrn- saff* diy 248 HISTORY 01' NEW-YOUK. hi r i V I f I moroseness of a scholar, was gay and condescending, affected no pomp, but visited every family of repu- tation, and often diverted himself in free converse with the ladies, by whom he was very much adm. .ed. No governor before him, did so much business in chancery. The office of chancellor was his delight. He made a tolerable figure in the exercise of it, though he was no lawyer, ind had a foible very unsuitable for a judge, 1 mean his resolving too speedily, for he used to say of himself, " I act first Ui»ii think afterwards." Ho spoke however always sensibly, and by his great rending was able to make a literary parade. — As to his fortune it was very inconsiderable, for he suffered much in the South Sea scheme. While in England, he had the office of comptroller of the customs at London, which he resigned to brigadier Hunter, as he latter, in his favour, did the government of this and the colony of New-Jersey Mr. Burnet's acquaintance with that gentleman r '*'e him a fiie '>pportunity, before liis arrival, to obtain good lutelli'; nee both i per- sons and things. The brigadier >. .'commended all his old friends to the favour of his • accessor, and hence we find that he made few changes amongst them.* Mr Morris, the chief justice as his principal confidant: Dr. Golden and Mr. Alexander, two Scotch gentlemen, had the next place in his esteem. He showed his wisdom in that clioice, for they Vi 3re both men of learning, good morals, and solid parts. The former was well acquainted with * Colon^ Schuyler and Mr. Philipse wore, indeed, rRmoved from tho council boatJ, by liiti roprcsentnlions ; and tlicir opposing, in council, tho continuance of tlie amemblv. after hii arrival, was the cause of it. •I ■i ^r-.4f IIIUTOIIY OF INliVV-YOUK. 249 the affairs of the province, and particularly those which concerned the French in Canada and our Indian allies. The latter was bred to the law, and, though no speaker, at the head of his profession for sagacity and penetration ; and in application to business no man could surpass him. Nor was he unacquainted with the affairs of the public, having served in the secretary's office, the best school in the province for instruction in matters of government; because the secretary enjoys a plurality of offices, conversant with the first springs of our provincial 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 «ucceeded Byerly both at the council board, and in the office of receiver-general. •,..., Of all our governors, none had such extensive and just views of our Indian affairs, and the dangerous neighborhood of the French, as governor Burnet, in which Mr. Livingston was his principal assistant. His attention to these matters appeared at the very commencement of his administration, for in his first speech to the assembly, the very fall after his arrival, he laboured to implant the sanie sentiments in the breasts of the members ; endeavoring to alarm their fears by the daily advances of the French, their possessing the main passes, seducing our Indian allies, and increasing their new settlements in Louisiana. Chief justice Morris, whose influence was very great in the house, drew tiie address in answer to the governor's speech, which contained a passage VOL. I.— 32 ill 250 UlftTORY OK NEW-YOllK. i I •if' manifeflting thf' > mifidence they reposed in him. ** We believe thi.<. the son of that worthy prelate, ao eminently instrumental under our glorious monarch* William the third, in delivering us from arbitrary power, and its concomitants, popery, superstition, and slavery, has been educated in, and possesses, those principles that so justly recommended his father to the council and confidence of protestant princes, and succeeds our former governor, not only in power, but inclination to do us good." From an assembly impressed with such favour- able sentiments, his excellency had the highest reason to expect a submissive compliance with every thing recommended to their notice. The public business proceeded without suspicion or jealousy, and nothing intervened to disturb the tranquillity of the political state. Among the most remarkable acts passed at this session, we may reckon that for a fivo years' support ; another for laying a duty of two per cent, prime cost, on the importation of European goods, which was soon after repealed by the king ; and a third, for pro- hibiting the sale of Indian goods to the French. The last of these was a favorite act of the gover- nor's ; and though a law very advantageous to the province, became the source of an unreasonable opposition against him, which continued through bis whole administration. From the conclusion of the peace of Utrecht, a great trade was carried on between Albany and Canada, for goods saleable among the Indians. The chiefs of the confederates wisely foresaw its ill consequences, and complained I "."Vif^^ - -*r**». - illSTOliy OV MKW-YOllk. 251 of it to the commissioiicra of Indian af'^i " \* who wrote to Mr. Hunter, acquainting hi ;> ok' their dissatisfaction. The letter was laid Lotbre the house, but uo effectual step taken to prevent the mischief, till the passing of this act, which subjected the traders to a forfeiture of the effects 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 became interested in their disaffection, by being the carriers between Albany and Montreal. Among those who were more immediately prejudiced by this new regulation, the importers of those goods from Europe were the chief; and hence the spring of their opposition to the governor. All possible arts were used, both here and at home, to preserve the good temper of the assembly. Brigadier Hunter gave the ministry such favorable '*' Tho governors residing at New- York, rendered it necessary that some per- ■OBs should bo commiBsioncd at Albany, to receive intelligence from the Indians and treat with tliom upon emergencies. This gave rise to Uie office of commis- sioners of Indian affairs, who in general transact all such matters as might be done by tite governor. They receive no salaries, but considerable sums are depwdtod in their hands for occasional presents. There are regular minutes of their transactions from the year 1675. These were in separate quires, till Mr. Alexander, who borrowed them for his perusal in 1761, had them bound up in four laige volumes in folio. Here all our Indian treaties are entered. The books are kept by a secretary commissioned in England, whose appointment is an annual salary of lOOl, proclamation out of the quit-rents. The commandant at Oswego is generally a commissioner. The office would probably have been more advantageous than it has been, if the commissioners were not traden themselves, than which nothing is more ignoble in the judgment of the Indians Sir William Johnson is at present the sole commissioner, and within nine months after th* arrival of general Braddock, rcceitred 10,000/. sterling, to secure the Indian itercst. ■I I 252 HISTORY OF NEW- YORK. accounts of the members, that colonel Schuyler, during his presidentship, had orders from Mr. secretary Craggs, neither to dissolve them himself, nor permit them to be dissolved ; and at the spring session, in the year 1721^ M'v Burnet informed them that his continuance of them was highly approved at home. Horatio Walpole, the auditor-general, who had appointed Mr. Clarke for his deputy, thought this a favourable conjuncture for procuring five per cent, out of the treasury. But the house were averse to his application, and, on the 2d of .Tune, Abraham Bepeyster, jun. was appointed trea- surer by the speaker's warrant, with the consent of the governor, in the room of his father, who was infirm ; upon which he entered into a recognizance of £5000 to the king, before a judge of the supreme court, for the faithful execution of his trust, which was lodged in the secretary's office. The hous-.i, at the same time, in an address, declared their willing- ness that the treasurer should account ; but utterly refused to admit of any drafts upon the treasury for the auditor-general, who was constrained to depend entirely upon the revenue, out of which he received about £200 per anmmi. Mr. Burnet being well acquainted with the geo- graphy of the country, wisely concluded that 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 the French designs, of confining the English colonies to narrow limits along the sea coast, by a chain of forts on the great passes from Canada to Louisiana. Towards the f.*- HISTORY OF NEW-YORK. 253 subversion of this scheme, he began the erection of a trading house at Oswego, in the county of the Senecas, in 1722; and recommended a provision for the residence of trusty persona among them and the Onondagas, which last possess the centre of the Five Cantons. This year was remarkable for a congress of several governors and commissioners, on the renewal of the ancient friendship with the Indians at Albany. Mr. Burnet prevailed upon them to send a message, to threaten the eastern Indians with a war, unless they concluded a peace with the English, who were very much harassed by their frequent irruptions. On the 20th of May, in the year following, the confederates were augmented by their reception of above 80 Nicariagas, besides women and children, as they had been formerly by the addition of the Tuscaroras. The country of the Nicariagas was on the north side of Missilimaki- nack; but the Tuscaroras possessed a tract of land near the sources of James's river, in Virginia, from whence the encroachments of the English induced them to remove, and settle near the south-east end of the Oneida lake. The strict union subsisting between the several branches of the legislature, gave a handle to Mr. Burnet's enemies to excite a clamour against him. Jealousies were industriously sown in the breasts of the people. The continuance of an assembly after the accession of a new governor, was represented as an anti-constitutional project ; and though the affairs of the public were conducted with wisdom and spirit, many were so much imposed upon, that a rupture between the governor and the assembly was * I Ul 264 HISTORY OP NEW-TORK. M., ^-/ I it t . thought to be absolutely necessary for the weal and safety of the Cv*inmunity. But this was not the only stratagem of those who were disaffected by the prohibition of the French trade. The London merchants were induced to petition the king for an order to his governor, prohibiting the revival of the act made against it, or the passing any new law of that tendency. The petition was referred to the board of trade, and backed before their lordships with suggestions of the most notorious falsehoods. The lords of trade prudently advised that no such directions should be sent to Mr. Burnet^ till he had an opportunity of answering the objections against the act. They were accordingly sent over to him, and he laid them before his council Dr. Golden and Mr. Alexander exerted themselves in a memo^ rable report in answer to them, which drew upon them the resentment of several merchants here, who had first excited the London petition, and laid the foundation for a variance between their families, \vhich has manifested itself on many occasions. In justice to Mr. Burnet's ntomory, and to show the propriety of his measures for obstructing the French trade, I cannot refrain the republication of the council's report at full length. *' May it please your Excellency, " In obedience to your excellency's commands, in council, the 29th of October, referring to us a peti- tion of several merchant i in London, presented to the king's most excellent iiiajesty, against renewing an act passed in this province, entided, 'An act for the encouragement of the Indian trade, and rendering . »tttf .Wfc^Jr-— ^ HISTORY OP NEW-YORK. 255 it more effectual to the 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 distinct 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 shall lay before your excellency, what we think necessary to observe on the othe? parts of the said petition, in the order they are in the 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, who are at present 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 permit the English Indians to pass over by their forts.' The said act * restrains tht?m (the Fi\e Nations) from a free commerce with the inhabitants of New- York. " * The five Indian nations are settled upon the banks of the river St. Lawrence, directly opposite to Quebec, two or three hundred leagues distant from the nearest British settlements in New- York. 1 IS !l I * I' I II, 'i\ I 1 256 HISTOKY OF NEW-YORK. ^i /'I i: .' " * They (the five nations of Indians) were two or three hundred leagues distant from Albany; and that they could not come to trade with the English, but by going down the river St. Lawrence, and from thence through a lake, which brought them within eighteen leagues of Albany.' " These things the merchants have thought it safe for them, and consistent with their duty to his sacred majesty, to say in his majesty's presence, and to repeat them afterwards before the right honorable the iords of trade, though nothing can be more directly contrary to the truth. For there are no nationfi of Indians between New- York and the naticciS of Indians in the English interest, who are iiow six in number, by the addition of the Tusca- roras. The Mowhawks (called Annies* by the French) one of the Five Nations, live on the south side of a branch of Hudson's river, (not on the north side as they are placed in the French maps) and but forty miles directly west of Albany, and wi;'hin the English settlements ; some of the iTnglish farms upon the same river, being thirty miles further west. The Oneidas (the next of the Five Nations) lie likewise west from Albany, near the head of the Mohawks' river, about one hundred miles from Albanv. The Onondagas lie about cue hundred and thirty miles west from Albany ; and the Tuscaroras live partly with the Oneidas and partly with the Onondagas. The Cayugas are about one hundred and sixty miles from Albany ; and the Senecas (the furthest of all these nations) are not above two hundred and forty miles from Albany, as may appear * AffiiicR. vv HISTORY OF NJiW-YOUK. 257 from Mr. De Lisle's map of Louisiana, who lays down the Five Nations under the name of Iroquois : and the goods are daily carried from this province to the Senecas, as well as to those nations that lie nearer, by water all the way, except three miles, (or in the dry seasons five miles) where the traders carry over land between the Mohawks' river and the wood creek, which runs into the Oneidas' lake, without going near either St. Lawrence river, or any of the lakes upon which the I^'rench pass, which are entirely out of their way. "The nearest French forts or settlements to Albany, are Chambly and Montreal, both of them lying about north and by east from Albany, and are near two hundred miles distant from it. Quebec lies about three hundred and eighty miles north-east from Albany. So far is it from being true, that the Five Nations are situated upon the banks of the river St. Lawrence, opposite to Quebec, that Albany lies almost directly between Quebec and the Five Nations. 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 Cham- plain,) passing by the Frencli 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 other particulars, we beg leave further to remark, that it is so far from being true, that the Indians in the French interest lie between New-York and our five nations of Indians ; that some of our nations of Indiana lie between the French and the Indians frcm whence VOL. I.— 83 258 HISTORY OF NEW-YORK. ^:' 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 wliich all the Indians that live round lake Erie, round the lake of the Hurons, round the lake of the Illinois, or Michigan, and round the great upper lake, gene- rally pass in their way to Canada. All the Indians situated upon the branches of the Mississippi, must likewise pass by the same place, if they go to Canada. And all of them likewise, in their way to Canada, pass by our trading-place upon the Cada- racqui lake, at the mouth of the Onondaga river. The nearest ami .safest way of carrying goods upon the Cadaracqui lake, towards Canada, being along the soulh 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 fort, where the French are settled. ** Now that we have represented to your excel- lency, 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 remaks, wore it not to show with what earnestness they arc 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, * Tiiat by the act passed in this * Isoiinoutouans. I Somclirnes Oiiiiigarn Ojlmiaaum, but (.oiiip.ionly TViajrara. IILSTOIIY OP NEW-YORK. 259 province, entitled an act for the encouragement of the Indian trade, &c., all trade whatsoever is prohibited in the strictest manner, and under the severest penalties, between the inhabitants of New- York government, and the French of Canada.' " This is not true ; for only carrying goods to the French which are proper for the Indian trade is prohibited. The trade, as to other things, is left in the same state it was before that act was made, as it will appear to any person that shall read it ; and there are, yearly, large quantities of other goods openly carried to Canada, withe it any hindrance from the government of New York. Whatever may be said of the severity and penalties in that act, they are found insuflicient to deter some from carrying goods clandestinely to the French ; and the legislature of this province are convinced that no penalties can be too severe, to prevent a trade which puts the safety of all his majesty's subjects of North America in the greatest danger. " Their next assertion is, * AH 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 common channel of trade cannot be altered without some detriment to it in the beginning, 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 passing of this act. It is not probable that the greatest dilference between the exportation uny year before this act and any year since, could so much alter the price of Heaver, l\ .1 1 !^60 I118T0UY OP NEW-XORK. as it is found to be this last year. Beaver is carried to Britain from other parts besides New- York, and it is certain 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 BO well informed here, what occasions beaver to be in greater demand in Britain, we must leave that to be inquired after in England. However, we are fully satisfied that it will be found to be for very different reasons from what the merchants allege. " The merchants go on and say, * Whereas, on the other hand, this ' anch of the New-York trade, by the discouragements brought upon it by this act, is almost wholly engrossed by the French, who have already by this act been encouraged to send proper European goods to Canada, to carry on this trade, 80 that should this act be continued, the New- York trade, which is very considerable, must be wholly lost to us and centre in the French. Though New- York should not furnish them, the French would find another way to be supplied therewith, either from some other of his majesty's plantations, or it might 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 excellency, that the principal of the goods proper for the Indian market, are only of the manufactures of Great Britain, or of the British 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 :>4 mSTORY OF NEW-YORK. '261 1 irried :, and much as by lot be to be bat to re are r very Bge. on the ,de, by act, is have proper 1 trade, v-York wholly 1 New- would either oDs, or of the jy to be (1 Great \g your proper factures )ns, viz: ins, and all their nd, and thence carry them to France, in order to their transportation to Canada. " The voyage to Quebec, through the Bay of St. Lawrence, is well known to be the most dangerous of any in the world, and only practicable in the summer months. The French have no commodi- ties 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 situation, both as to the sea and the Indians, every way the 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 in'port any goods near so cheap, to Canada, as they are imported to New- York. " But to put this out of all contioversy, we need only observe to your excellency, that strouds, with- out which no considerable trade can be carried on with the Indians, are sold at Albany for 10/. a piece ; titcy were sold at Montreal, before this act took pia^e, at 132. 28. 6d. and now they are sold there for 252. and upwards ; which is an evident proof, that the French have not in these four years' time (during the continuance of this act) found out any other way to supply themselves with strouds ; and likewise that they cannot trade without them, seeing they buy them at so extravagant a price. " It likewise appears, that none of the neighbour- ir? colonies have been able to supply the French ; ■! ( n 262 inSTOUY OF NKW-VOUK. y- with these goods, and those that ' ow the geography of the countr)', know it is impiucticablo to do it at any tolerable rate, bccaiiao they must carry their goods ten tiinep *urlher by bind than we need to do. ** We are lil » « .se assured, that the merchants of Montreal lately told Mr. Vaiidreuil, their governor, that if the trade from Albany be not by some means or other encouraged, they must abandon that settle- ment. We have reason therefore to suspect that these merchants (at least some of them) have been practised upon by the French agents in London ; for no doubt, the French will leave no method untried to defeat the present designs of this govern- mert, seeing they are more afraid of the conse- quences 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 witlid rawing the affections of the Five Nations of Indians from the English interest, than the continuance of the said act, which in its effects restrains them from a free commerce with the inhabitants of New-York, and 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 strengthened.' " 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 Albany Cand which has truly produced these effects) would, lllstrORVr OK ISKW-VOUK. 263 on the contrary, restrain thoni from a free commerce with the inliabitants of New -York, and may too probably estrange them from the English interest ; and th(^reforc that it would be much wiser in us to make use of the French, lo promote the J*!!nglish interest ; ;ind for which end, we ought to encourage a frne intercourse between them and our Indians. The reverse of this is exactly true, in the opinion of Five ations ; who, in all their public ;*ifttiea wi •» government, have represented a^ building the French forts with i: \glish ii that the encouraging a freedom of commerce wit Indians, and the 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 carrying the Indian market to Montreal in Canada, draws 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 goods exported since the passing of this act, that used to be.' — We are well assured, that this is no better grounded than the above facts they assert with the same positiveness. For it is well known almost to every person in New-York, that there has not been a less, but rather a greater (juan- tity 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 this appears by the manifests in the custom-house here, the same may (i vV L\ — -■^J.,.,',(.-n5CU «>•>. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 "^1^ 12.5 ,50 "^ 1^ U£ 1^ ||2.2 - lis IIM I.I IlilllJ. 11.25 1.4 II 1.6 <^ ^ V Photographic Sciences Corporation 73 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ) ( ' ■ ll ■:i 264 HISTORY OF NEW-TORK. likewise be easily proved by the custom-house books in London. ** As all the arguments of the merchants run upon the ill effects this act has had upon the trade and the minds of the Indians, every one of which we have shown to be asserted without the least foundation to support them ; there nothing now remains but to show the good effects this act has produced, 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 the 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 Indians, but likewise with their man- ners and languages ; and those have returned with such large quantities of furs, that greater numbers are resolved to follow 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 Nations. This government has built a public trading-house upon Cadaracqui lake, at Iron- dequat, in the Senecas' land, and another is to be built next spring, at the mouth of the Onondagas* river. All the far Indians pass by these places in their way to Canada ; and they are not above half so far from the English settlements, as they are from the French. " So far is it from being true what the merchants say, * that the French forts interrupt all communica- W^ HISTORY OF iVKVV-YOKK. 265 tion between the Indians and the English ;' that if these places be well supported, as they easily can be from our settlements, in case of a rupture with the' French it will be in the power of this province to intercept the greatest part of the trade between Canada and the Indians round the lakes and the branches of the Mississippi. Since this act passed, many nations have come to Albany to trade and offer peace and friendship, 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, with their calumets before them, as they always do when they come to any place where they have not been before. We do not find that the commissioners of Indian affairs 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 Albany in the same manner. These had one of our Five Nations with 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, Missimakinali, between the upper lake and the lake of the Hurons. These Indians not only desired a free commerce, but like- wise to enter into a strict league of friendship with us and our six nations, that they might be accounted the seventh nation in the league, and being received accordingly, they left their calumet as a pledge of their fidelity. In June another nation arrived, but from what part of the continent we have not learned. VOT,. f. —34 ..) . I \ It',' I ■,K^j.,:i„^;l f**^ >^A.''4 L>66 HISTORY OP NEW-YORK. i. I \ ) \ i " In July the Twightwies arrived, and brought an Indian interpreter of our nations with them, who told that they were called by the French, Miamies, and that they live upon one of the branches of the river Mississippi. At the same time some of the Tahsagrondie Indians, who live between lake Erie and the lake Huron, 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 September, several parties 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 endeavoring to get before another, in order to reap the profits of so advantageous a trade, which has all this summer long kept about forty traders constantly employed, in going between our trading places in our Indian country, and Albany. " All these nations of Indians, who came to Albany, f-^ ' ' that the French had told them many strange h ^s of the English, and did what they could to hinder their coming to Albany, but that they had resolved to break through by force. The difference on this score between the Tahsagrondie Indians and the French (who have a fort and settle- ment there, called by them Le Detroit^ rose to that height, this summer, that Mr. Tonti, who com- manded there, thought it proper to retire, and return to Canada with many of his men. " We are, for these reasons, well assured that this year there will be more beaver exported for ; i i.-,j*' ■»••-(, .jf'i«kK.j UlSTOKY OF NEW-YORK. 2(^7 Great Britain than ever was from this province in one year ; and that if the custom-house books at London be looked into, it will be found that there will be a far greater quantity of goods for the Indians (strouds especially) sent over next spring, than ever Wus at any one time to this province. For the mer- chants here tell us, that they have at this time ordered more of these goods than ever was done at any one time before. ** These matters of fact prove beyond contradic- tion that this act has been of the greatest service to New- York, in making us acquainted with many nations of Indians, formerly entirely unknown and strangers to us ; withdrawing them from their dependance upon the French, and in uniting them to us and our Indians, by means of trade and mutual offices of friendship. Of what great consequence this may be to the British interest in general, as to trade, is apparent to any body. It is no less appa- rent likewise, that it is of the greatest consequence to the safety of all the British colonies in North America. We feel too sensibly the ill effects of the French interest in the present war betwixt New- England and only one nation of Indians supported by the French. Of what dismal consequences then might it be, if the French should be able to influence, in the same manner, so many and sucli numerous nations, as He to the westward of this province, Pennsylvania, and Maryland ? On the other hand, if all these nations (who assert their own freedom, and declare themselves friends to those that supply them best with what they want) be brouglit to have a dependance upon the Eii'^lish f i i J \^ I hi asuM ' »»i 268 HISTORY OP NEW-YORK. r (as we have good reason to hope in a short time they will) the French of Canada, in case of a war, must be at the mercy of the English. " . " To these advantages must be added, that many of our young men having been induced by this act to travel among the Indians, they learn their man- ners, their languages, and the situation of all their countries, and become inured to all manner of fatigues and hardships ; and a great many more being resolved to follow their example, these young men, in case of war with the Indians, will be of ten times the service that the same number of the com- mon militia can be of. The effects of this act have likewise so much quieted the minds of the people, with respect to the security of the frontiers, that our settlements are now extended above thirty miles further west towards the Indian countries, than they were before it passed. " The only thing that now remains to answer, is an objection which we suppose may be made : what can induce the merchants of London to petition against an act which will be really so much for their interest in the end ? The reason is in all probability, because they only consider their present gain ; and that they are not at all concerned for the safety of this country, in encouraging the most necessary undertaking, if they apprehend their profit for two or three years may be lessened by it. This inclina- tion of the' merchants has been so notorious, that few nations at war with their neighbours have been able to restrain them from supplying their enemies with ammunition and arms. The count D'Estrade, in his letters in 1638, says, that when the Dutch were •»-■» .jc*».^,.p« ».,.>«^. — ^.n-..|>T.«rtaEi»*»iij«j,ii»»««.«-, HISTORY OF NEW-YORK. 269 besieging Antwerp, one Beiland, who had loaded four fly-boats with arms and powder for Antwerp, being taken up by the prince of Orange's order, and examined at Amsterdan>> said boldly that the burghers of Amsterdam had a right to trade every where : that he could name a hundred that were factors for the merchants at Antwerp, and that he was one. 'That trade cannot be interrupted, and that for his part he was very free to own, that if to get any thing by trade it were necessary to pass through hell, he would venture to burn his sails.' When this principle so common to merchants is considered, and that some in this place have got estates by trading many years to Canada, it is not to be wondered that they have acted as factors for Canada in this affair, and that they have transmitted such accounts to their correspondents in London as are consistent with the trust reposed in them by the merchants of Canada. ** In the last place, we are humbly of opinion that it may be proper to print the petition of the mer- chants of London, and their allegations before the lords of trade, together with the answers your com- mittee has made thereto in vindication of the legis- lature of this province, of which we have the honour to be a part, if your excellency shall approve of our answers, that what we have said may be exposed to the examination of every one in this place where the truth of the matters of fact is best known, and that the correspondents of these merchants may have the most public notice to reply, if they shall think it proper, or to disown in a public manner that they !t J < »*^> 270 HI8TORT OF NEW-TORK. are the authors of such groundless informations. All which is unanimously and humbly submitted by " Your Excellency's " Most obedient humble servants, « R. Walter, "Rip Van Dam, "John Barbarie, "Fr. Harrison, " Cadwallader Golden, "James Alexander, " Abraham Van Horne." ill I i. I Governor Burnet transmitted this report to the board of trade, and it had the intended effect. ' About the latter end of the year 1724, an unfortu- nate dispute commenced in the French church, of which, because it had no small influence on the public affairs of the government, 1 shall lay before the reader a short account. The persecutions in France, which ensued upon the revocation of the edict of Nantz, drove the pro- testant subjects of Louis XIV. into the territories of other princes ; many of them fled even into this prO' vince ; the most opulent settled in the city of New- York, others went into the country and planted New Rochelle, and a few seated themselves at the New Paltz in Ulster county. Those who resided in New- York soon erected a church upon the principles and model of that in Geneva ; and by their growth and foreign accessions, formed a congregation for num- bers and riches superior to all but the Dutch. They had two ministers : Rou, the first called, was a man HISTORY OF NEW-YORK. 271 of learning, but proud, pleasurable, and passionate : Moulinaars, his colleague, was most distinguished for his pacific spirit, dull parts, and unblameable life and conversation ; Rou despised 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 con- tempt, raised a party in his favour, and this year succeeded in the election of a set of elders disposed to humble the delinquent. Rou being suspicious of the design, refused to acknowledge 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 under the hands of the ma- jority of the people. Governor 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 Rou's adherents, complaining against the elders. The matter was then referred to a committee of the council, who advised that the congregation should be admonished to bring their differences to an amicable conclusion. Some overtures, to that end, were attempted ; and the elders ofT \' 1 to submit the controversy to the Dutch ministers. But Rou, who knew that the French church in this country, without a synod, was unorganized, and could not restrain him, chose rather to bring his bill in chancery before the governor. tt '^ »i 1 JR I i fr Mr. Alexander was his council, and Mr. Smith,^ * These gentlemen came into the colony in the same ship in 1715. The latter was born at Newport Pagnel, in Buckinghamshire. They were among the •212 III8TORY OF NEW- YORK. a young lawyer, of t}io first reputation as a speaker, appeared for the elders. He pleaded to the juris-' diction of the court, insisting that the matter was entirely ecclesiastical, and, in the prosecution of his argument, entered largely into an examination of the government of the protestant churches m 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 Provincial, and last of all to a national synod. Mr. Burnet nevertheless over- ruled the plea, and the defendants, being fearful of a decree, that might expose their own estates to the payment of Rou's salary, thought it advisable to drop their debates, reinstate the minister, and leave the church. All those who opposed Rou were disobliged with the Governor ; among these Mr. De Lancey was the most considerable for his wealth and popular influ- ence. He was very rigid in his religious profession, one of the first builders, and by far the most generous benefactor of the French church, and therefore left it with the utmost reluctance. Mr. Burnet, before this time, had considered him as his enemy, because he had opposed the prohibition of the French trade; and this led him into a step, which, as it was a principal agents in the political struggles during tlio administration of colonel Cosby. Mr. Smith was a nephew of that William Smith wJio was one of the grand jary committed by the assembly in 1717. He had suffered by the memorable earthquake of Port Royal, in Jamaica, at the close of the last century, but hav< ing repaired his losses by a successful commerce and marriage, removed to New- York, and at his instance Roveral branches of his family were induced to leave Buckinghamshire and become inhabitants of this colony. — The uncle came lierein queen Anne's reign. lliMTUHY OF INEW-KOKK. 273 personal indignity, Mr. Do Lancey could never recollect without resentment. This gentleman was returned for the city of New-York, in the room of a deceased member, at the meeting of the assembly in September 1725. When he otfered himself for the oaths, Mr. Burnet asked him how he became a subject of the crown ? He answered, that he was denized in England, and his excellency dismissed him, taking time to consider the matter. Mr. De Lancey then laid before the house an act of a notary public, certifying that he was named in a patent of denization, granted in the reign of James the second — a patent of the same kind, under the great seal of this province, in 1686 — and two certificates, one of his having taken the oath of allegiance, according to an act passed here in 1683, and another of his serving in several former assemblies. The governor, in the mean time, 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 Adolphe Phillipse, 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 governor, and consented to the revival of the several acts which had been passed for prohibiting the French trade, which, in spite of all the restraints laid upon it, was clandestinely carried on by the people of * What colonel Morris's opinion was, I Iiaro not been able to discover. Governor Burnet's conduct was thought to be unconstitutional, and an invasion of the rights of the assembly, who claim the exclusive privilege of dcterminiiig the qualifications of their own memlicr!*. VOL. I. —35 t I ! 1 1" n ■Ar-tt, >r>ny»i-<« 274 HIHTOUf UP NEW-YORK. Albany. Oswego, novorthelosa, grew considerable for its cornmorce ; fiily-seven canoes went there this summer, and returned with seven hundred and thirty-eight packs of beaver and deer skins. •• Nothing could more naturally excite the jealousy of the French, than the erection of the now trading house at the mouth of the Onondaga river. Fearful of losing a profitable trade, which they had almost entirely engrossed, and the command of the lake Ontario, they launched two vessels in it in 1726, and transported materials for building a large store- house 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 Fronte- nac, many years before ; but also to carry their trade more westerly, and thus render Oswego useless, by shortening the travels of the western Indians, near two hundred mi!es. Baron de Longuiel, 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 the Jesuits, who con- stantly resided amongst them ; he prevailed upon them by fraud and false representations to consent to it, for their protection against the English. But as soon as this matter was made known to the other nations, they declared the permission granted by the Onondagas to be absolutely void, and sent deputies to Niagara, with a message, signifying that the country in which they were at work belonged solely rr iiiMTuKY OF Ni;w-youh. 270 tu the Senecas, and ro(|iiircd them immediately to deaist. The French, notwithstanding, were regard- less of the embassage, and pushed on their enterprise with all possible despatch, 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 Iroquois," and had lived among them, after their manner, from the beginning of queen Anne's reign. All these advantages he improved for the interest of his country ; he facili- tated the missionaries in their progress through the cantons, and more thuii any man, contributed to render their dependence upon the English weak and precarious. Convinced of this, colonel Schuyler urged the Indians, at his treaty with them in 1719, to drive • Joncaire out of their country, but his endeavors were fruitless.* The Jesuit Charlevoix does honour to Mr. Burnet in declaring that he left no stone unturned to defeat the French designs at Niagara; nor is it much to be wondered at, for besides supplanting his favourite trade at Oswego, it tended to the defection of the Five Nations ; and, in case of a rupture, exposed the frontiers of our southern colonies to the ravages of the French and their allies. Mr. Burnet, upon whom 1 ■ I ! {\ % ( I i ■ % ■»; * The same thing has since beon frequently laboured, but to no purpose. His son continued the course of intrigues begun by the father, till general Shirley, while he was at Oswego, in 1755, prevailed upon tiie Senecas to order Iiim to Canada. - *-*( M; .. -«-j 276 lllf h . 280 HISTORY OP NEW-YORK. \ ;i ceedings of the court, so assumed to be erected and exercised as above-mentioned, to be illegal, null and void, as by law and right they ought to be. "Resolved, That this house, at the same time, will take into consideration whether it be necessary to establish a court of equity or chancery in this colony, in whom the jurisdiction thereof ought to be vested, and how far the powers of it shall be prescribed and limited" ^^ r- Mr. Burnet no sooner heard of these votes, than he called the members before him, and dissolved the assembly. They occasioned, however, an ordi- nance in the spring following, as well to remedy sundry abuses in the practice in chancery, as to reduce the fees of that court, which on account of the popular clamours, were so much diminished, that the wheels of the chancery have ever since rusted upon their axis, the practice being contemned by all gentlemen of eminence in the profession. We are now come to the close of Mr. Burnet's administration, when he was appointed to the chief command of the Massachusetts Bay. Though we never had a governor to whom the colony is so much indebted as to him ; yet the influence of a faction, in the judgment of some, rendered his removal necessary for the public tranquillity Insensible of his merit, the undistinguishing multitude were taught to consider it as a most fortunate event; and till the ambitious designs of the French king, with respect to America, awakened our attention to the general welfare, Mr. Burnet's administration was as little esteemed as that of the meanest of his predecessors. He was very fond of New- York, and left it with lirSTORY OP NKW-YORK. 281 reluctance. His marriage here connected him with a numerous family, and besides an universal ac- quaintance, there were some gentlemen with whom he contracted a strict intimacy and friendship. The excessive love of money, a disease common to all his predecessors, and to some who succeeded him, was a vice from which he was entirely free. He sold no offices, nor attempted to raise a fortune by indirect means; for he lived generously, and carried scarce any thing away with him but his . books. These and the conversation of men of letters were to him inexhaustible sources of delight. His astronomical observations have been useful ; but by his comment on the apocalypse, he exposed himself, as other learned men hdve before him, to the criticisms of those who have not abilities to write half so well. \ -. :;v , v, '/ John Montgomerie, esq. received the great seal of this province from Mr. Burnet, on the 15th of April, 1728, having a commission to supersede him here and in New-Jersey. The council board con- sisted of Mr. Walters, Mr. Van Dam, Mr. Barbarie, Mr. Clarke, Mr. Harrison, Dr. Golden, Mr. Alexander, Mr. Morris, Jun.' Mr. Van Horne, Mr. Provoost, Mr. Livingston, *' Mr. Kennedy. The governor was a Scotch gentleman, and bred a soldier, but in the latter part of his life he had little concern with jirms, having served as groom of the bed-chamber to his present majesty, before his accession to the throne. This station, and a seat he VOL. T— 36 ]i .? fli I . ^' i iw i l a ^ i, 282 IlISTOUY OV NEW-YORK. had in parliament, paved the way to his preferment in America. In his talents for government he was much inferior 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 by a peaceful calm ; tired by the mutual struggles of party rage, every man now ceased to act under its influence. The governor's good humour too extin- guished the flames of contention, for being unable to plan, he had no particular scheme to pursue ; and thus by confining himself to the exercise of the common acts of government, our public affairs flowed on in a peaceful, uninterrupted stream. ~ ^ The reader will, for this reason, find none of those events in colonel Montgomerie's short admi- nistration, which only take rise under the superin- tendency of a man of extensive views. Indeed he devoted himself so much to his ease, that he has scarce left us any thing to perpetuate the remem- brance of his time. The two rocks upon which the public tranquil- lity was shipwrecked in the late administration he carefully avoided; for he dissolved the assembly, called by his predecessor, before they had ever been convened : and as to the chancery he himself coun- tenanced the clamours against it, by declining to sit ; till enjoined to exercise the office of chancellor by special orders from England. He then obeyed the command, but not withoi^t discovering his reluctance, and modestly confessing to the practisers, that he thought himself unqualified for the station. HISTORY OF NEW-YORK. 283 Indeed the court of chancery was evidently his aversion, and he never gave a single decree in it, nor more than three orders ; and these, both as to matter and form, were first settled by the council concerned. Mr. Philipse was chosen speaker of the assembly which met on the 23d of July, 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 the Six Nations for a renewal of the ancient covenant. He gave them great presents, and engaged them in he defence of Oswego. Nothing could be more seasonable than this in- terview, for the French, who eyed that important garrison, and our increasing trade there, with the most restless jealousy, prepared early in the spring following to demolish the works. Governor Burnet gave the first intelligence of this design in a letter to Colonel Montgomerie, dated at Boston the 3 1st of March, 1729. The garrison was thereupon im- mediately reinforced by a detachment from the independent companies ; which, together with the declared resolution of the Indians to protect the fort, induced the French to desist from the intended invasion.* *From that time to the year 1754, tliis garrison was guarded only by a lieutenant and five and twenty men. General Shirley's parting from the forces destined against fort Du Quesne, and proceeding with half the army to Oswego in 17S5, was extremely fortunate to our colonies ; the French being then deter- mined and prepared to possess themselves of that post. Besides the vessels launched there to secure the command of the lake, the general before he returned to winter quarters, erected two strong square forts with bastions, commanding as well tlie entrance into the Onondaga river as the old fort, in the situation of which little regard wsis had to any tiling besides tlie pleasantness of llif prospect. I Ki !1 it fUi , ' >.agf.a^a'j'r">'*y? "— ' " r 284 lIlSTOttV OF J\EW-YORK. lU Thus far our Indian aflairs appeared to he under a tolerable direction ; but these fair prospects were soon obscured by the king^s repealing, on the 11th of December, 1 729, all the acts which Mr. Burnet, with so much labour and opposition, procured for the prohibition of an execrable trade between Albany and Montreal. To whose intrigues this event is to be ascribed, cannot be certainly deter- mined ; but that it was pregnant with the worst consequences, time has sufficiently evinced : nothing could more naturally tend to undermine the trade at Oswego, to advance the French commerce at Niagara, to alienate the Indians from their fidelity to Great Britain, and particularly to rivet the defec- tion of the Caghnuagas. For these residing on the south side of St. Lawrence, nearly opposite to Montreal, were employed by the French as their carriers, and thus became interested against us, by motives of the most prevailing nature. One would imagine that after the attention bestowed on this affair in the late administration, the objections against this trading intercourse with Canada must have been obvious to the meanest capacity ; and yet so astonishing has been our conduct, that from the time Mr. Burnet removed to Boston, it has rather been encouraged than restrained. This trade, indeed, was subject to duties ; but that at Oswego always was, and still is, exposed to the same incum- brance ; while the French trade, in the interval between the years 1744 and 1750, was perfectly free : and as the duty, by the law then made, is laid only on goods sold in the city and county of Albany, the trader, to elude the act, is only exposed to the trouble of transport in•;, strove rsy for sir Joseph Eyics and his parr-. ' . which contributed in a great degree to the troubles so remarkable in a succeeding administration. Governor Montgomerie died on the 1st of July, 1731; and being a man of a kind and humane dis- position, his death was not a little lamented. The chief command 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 than his capacity to hold the reins of government : he took the oaths before Mr. Alexander, Mr. De Lancy,* and Mr. Van Horne, Mr. Courtlandt. Mr. Kennedy, This administration is unfortunately signalized by the memorable encroachment at Crown Point. An enemy deS| i^od at first for his weakness generally grows forn:i'bL. , »r his a( ity and craft; thisob- * This gentleman being a youth of fuio part's was called up to the council board on the 2Gth of January, 1729, just alter his return from the univoraity. Mr. Morris, jun. was sunpcndod on the same day, for words dropped in u difiputp relating to the srovcrnor's draujrlits upon the revenue. /■ lilHroUY OF Mi:W-YUUk. 289 aurvation is true, applied to private? pcrHons, religious sects, or public states. The l<>eneh in Canada have alwayn been jealous of the irirreasing strength of our Colonies ; and a motive of fear led them natu- rally t(i concert a regular syvstem of conduct for their def(»n('e : confinia:^ us to scant limitH along the soa- CoiiMt In the jQfiuul objcM't tlH'v have lonir had in view; and seizing the onpnrtant passes from Canada to Louisiana, seducing our Indian allK:^, engroHHing the trade, and fortifv mg the routes into i\u *«»f« .iOO APPENDIX. (o mention, " consists of about two thousand five hundred buildings. It is a mile in length, and not above half thai, in breadth. Such is its figure, its centre of business, and the situation of the houses, that the mean cartage, from one part to another, does not exceed above one quarter of a mile, than which nothing can be more advantageous to a trading city." It is thought to be as healthy a spot as any in the world. The east and south parts, in general, are low, but the rest is situated on a dry, elevated, soil. The streets are irregu- lar, but being paved with round pebbles are clean, and lined with well built brick houses, many of which are covered with tiled roofs. No part of America is supplied with markets abounding with greater plenty and variety. We have beef, pork, mut- ton, poultry, butter, wild fowl, venison, fish, roots, and herbs, of all kinds, in their si i.sons. Our oysters are a considerable article in the support of the poor. Their beds are within view of the town ; a fleet of two hundred siiiall craft are often seen there, at a time, when the weather is mild in winter ; and this single article is computed to be worth an- nually 10 or jC 12,000. This city is the metropolis and grand mart of the province, and, by its commodious situation, commands also all the *rade of 'iie western part of Connecticut and that of east Jersey. " No season prevents our ships from launching out into the ocean. During *he greatest severity of winter, an equal, unrestrained activity, runs through all ranks, orders, and employments." Upon the south-west point of the city stands the fort, which is a square with four bastions. Within the walls is the house in which our governors usually reside ; and opposite to it brick barracks, built formerly for the independent companies. The governor's house is in height three stories, and fronts to the west ; having, from the second story, a fine prospect of the bay and the Jersey shore. At the south end there was formerly a chapel, but this was burnt down in the negro ArrpKuix. SO' ronspiracy ol ili pring-, 1 i\. A* rdmg to foveiuor Burnet's observations, this fort stand: likelatit 4»of40' 42' north. Below the walls of the garrison, n^u the watr , we have lately raised a line of fortificationu, which coiuinands the entrance into the eastern road and the mouth of Hudson's river. This battery is built of stone, and the merlons con- sist 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 south-east of the fort, lies Notten Island, containing about one hundred or one hundred and twenty acres, reserved by an act of assembly as a sort of demesne for the governors, upon which it is proposed to erect a strong castle, because an enemy might from thence easily bombard the city, without being annoyed either by our bat- tery 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 jC8,000. The inhabitants of New-York are a mixed people, but mostly descended from the original Dutch planters. There are still two churches in which religious worship is perfotined in that language. The old building is of stone and ill built, ornamented within by a small organ loft and brass branches. The new church is a high, heavy edifice, has a very exten- sive area, and was completed in 1729. It has no galleries, and yet will perhaps contain a thousand or twelve hundred auditors. The steeple of this church affords a most beautiful prospect, both of the city beneath and the surrounding country. The Dutch congregation is more numerous than any other, but as the language becomes disused, it is much diminished ; and unless they change their worship into the English tongue, must soon suffer a total dissipation. They have at present two ministers — the Reverend Messieurs Ritzma and De Ronde, who are both strict Calvinists. Their church was incorporated on the Uth of May, 1696, \. S02 AfrHMitX. I n by the name of The Jfinitter, Elders, and Deaems, of the R^ormed Protestant Dutch Church of the City of JW10- KorAr, and its estate, after the expiration of sundry long leases, will bo worth a very great income.* All the Low Dutch congregations, in this and the province of New Jersey, worship after the manner of the reformed churches in the United Provinces. With respect to govern- ment, they are in principle presbyterians ; but yet hold themselves in subordination to the Classis of Amsterdam, who sometimes permit and at other times refuse them the powers of ordination. Some of their ministers consider such m subjection as anti-constitutional, and hence, in several of their late annual conventions at New-York, called the Coetus, some debates have arisen amongst them ; the majority being inclined to erect a Classis, or ecclesiastical judicatory, here for the government of their churches. Those of their minis- ters who are natives of Europe, are, in general, averse to the project. The expense attending the ordination of their candidates in Holland, and the reference of their disputes to the Classis of Amsterdam, is very considerable ; and with what consequences the interruption of their correspondence with the European Dutch would be attended, in case of a war, well deserves their consideration. There are, besides the Dutch, two episcopal churches in this city, upon the plan of the 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 cemetery on each side, inclosed in the front by a painted paled fence. Before it a long walk is railed off from the Broadway, 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. The steeple is one hundred and seventy-five feet in height, and over the door facing the river is the following inscription :— * Their ohuter w«8 confirmed by a late act of aaenbly ratified by hia ma* j«rty,ifrhich recitee tho Vlllth article of the mrrender in 1664. VPfUMUIJL. SU3 PER JlJfQUSTJIM. "Hoc Trinitatis Teinplum fundatuni est Anno Regni illustriBsimi, Hupremi, Domini Oulielnii lertii, Dei Oratil, Angliae, Scotis, Franciae et Hiberniae Regis, Fidei Defenao- lis, &c. Octavo, Annoq \ Domini 1696. "Ac voiuntari& quorundam Contributione ac Donia ^di- ficatum, maxima autem, dilecti Regis Chiliarchai Bcnjamini Fletcher, hujua Provinciae strateeci et Imperatoris, Munifi- centiA animatum et auctum, cujus tempore raoderaminie, hujus Civitatifl incolae, Religionem protestanlem Ecclesia Anglicanee, ut secundum Legem nunc stabilite profitente^ quodam Diplomate, sub Bigillo Provincin incorporati sunt, atque alias Plurimas, ex Re sufc familiari, Donationes notiu biles eidem dedit.** The church is, within, ornamented beyond any other place of public worship amongst us. The head of the chancel is adorned with an altar-piece, and opposite to it, at the other end of the building, is the organ. The tops of the pillars, which support the galleries, are decked with the gilt busts of angels winged. From the ceiUng are suspended two glass branches, and on the walls hang the arms of some of its princif"il benefactors. The allies are pav^d with flat stones. The present rector of this church is the Rev. Mr. Henry Barclay, formerly a missionary among the Mohawks, who receives a jCIOO a yeai', levied upon all the other clergy and laity in the city, by virtue of an act of assembly procured by governor Fletcher. He is assisted by Dr. Johnson and Mr. Auchmuty. This congregation, partly by the arrival of strangers from Europe, but principally by proselytes from the Dutch church- es, 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 neat edifice, faced with hewn stone and tiled. The steeple is ,■( ' The length, exclusive of the chancel, 92 feet, and its breadth 2d feet Iqm . 3U4 APPKNDIX. i - ( 1 1 lofty* but irregular ; and its situation in a new, crowded, and ill-built part of the town. The rector, churchwardena, and vestrymen of Trinity church are incorporated by an act of assembly, which grants the two last the advowson or right of presentation ; but enacts, that the rector shall be instituted and inducted in a manner most agreeable to the king's instructions to the governor, and the canonical right of the bishop of London. Their worship is conducted after the mode of the church of England; and, with respect to government, they are empow- ered to make rules and orders for themselves, being, if I may use the expression, an independent, ecclesiastical corporation. The revenue of this church is restricted, by an act of assembly, to jC500 per annum ; but it is possessed of a real estate, at the 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*s return to England, called Mr. Anderson, a Scotch minister, to the pastoral charge of their congregation ; and Dr. John Nicol, Patrick M'Night, Oilbert 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 the plan of the church in North-Britain ; but were disappointed in their expectations, through the opposition of the episcopal party. They shortly after renewed their request to governor Burnet, who referred the petition to his council. The episcopalians again violently opposed the grant, and the governor, in 1724, 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 xmiformity, that have passed in Great Britain, I am of opiiiion that they do not extend to New-York, and con?p- * One hnndrei! and Beventy-fivo feet. APPENDIX. 305 queMtly an act of toleration is of no use in that province ; and therefore, as there is no provincial act for uniformity, according 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 West, 20th August, 1724." After several years solicitation for a charter in vain, and fearful that those who obstructed such a reasonable request would watch an opportunity to give them a more effectual wound ; those among the presbyterians, who were invested with the fee simple of the church and ground, " conjfyed 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 college 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 committee of the general assembly." On the 15th of August, 1732, the church of Scotland, by an instrument under the seal of the general assemb Y, and signed by Mr. Niel Campbell, principal of the university of Glasgow, and moderator of the general assembly and commission thereof ; Mr. James 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 Smith, professor of divinity therein ; and Mr. William Grant, advocate procu- rator for the church of Scotland for the time being ; pursuant to an act of the {general assembly, dated the 8th of May, 1731, did declare, "That, notwithstanding the aforesaid right made to them and their successors in office, they were desirous that the aforesaid building and edifice and appurtenances thereof, 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 residing, or that should at any time thereafter be resident in, or near, the aforesaid city of New-York, in America, or others joining with them to convene, in the foresaid church, for the worship of God VOL. T. — 39 \' - >*■■ J .J, 306 APPENDIX. ! : i /- /: 1 in all the parts thereof, and for the dispensation of all gospel ordinances ; and generally to use and occupy the said church and its appurtenances, fully and freely in all times coming, they supporting and maintaining the edifice and appurte- nances at their own charge." Mr. Anderson was succeeded in April, 1727, by the Rev. Mr. Ebenezer Pemberton, a man of polite breeding, pure morals, and warm devotion ; under whose incessant labours the congregation greatly increased, and was enabled to erect the%Ksent edifice in 1 748. It is built of stone, railed off from tne 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, be- tween two long windows, is the following inscription, gilt and cut in a black slate six feet in length : — Auspicanto Deo Hanc ^dem Cultui divino sacram in perpetuum celebrando, A. D. MDCCXIX. Primo fundatam ; Denuo penitus reparatam et ampliorem et omatioreni, AD. MDCCXLVIII Constructam, Neo-Eborancenses Presbyteriani In suum et suorum Usum Condentes, In hac votiva Tabula DDDQ. * # # Concordift, Amore Necnon Fidei Cultus et Morum Puritate BufTulta, claritisq ; exomata, Annuente Christo, Longum perduret in ^vum. Mr. Alexander Gumming, a young gentleman of learning and singular penetration, was chosen colleague to Mr. Pem- ( > ^ APPENDIX. 307 ' J beiton, in 1750; but both were dismissed, at their request, about three years afterwards ; the former, through indisposi- tion, and the latter, on account of trifling contentions kindled by the bigotry and ignorance of the lower sort of people. These debates continued until they were closed, in April, 1 756, by a decision of the synod, to which almost all our presbyterian churches, in this and the southern provinces, are subject. The congregation consists i^t present of twelve or fourteen hundred souls, under the pastoral charge of the Rev. Mr. David Bostwick, who was lately translated from Jamaica to New-York by a synodical decree. He is a gentleman of a mild, catholic disposition ; and being a man of piety, prudence, and zeal, conflines 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 pathetic ; in sen- timent, and in point of diction, singularly ornamented. He delivers himself without notes, and yet with great ease and fluency of expression; and performs every part^f divine worship with a striking solemnity. |p The French church, by the contentions in 1724, and the disuse of the language, is now reduced to an inconsiderable handful. The building which is of stone nearly a square,* plain both within and without. It is fenced from the street, has a steeple and a bell, the latter of which was the gift of Sir Henry Asshurst of London. On the front of the church is the following inscription : — iEDES SACRA GALLOR. PROT. REFORM. FVNDA. 1704. FENITVS REPAR. 1741. 1 1 ^' '1 n 1] 1 1 i \ . : \ , s 1 ! '■ 7 i ■:] P\' 1 1 , \ : i if The present minister, Mr. Carle, is a native of France, and succeeded Mr. Rou in 1 754. He bears an irreproachable rl The area is seventy feet long, and in breadth fifty. i^"^*^-- .. -•.LjL.:l.SS>a»MMSL..i,i 'I i 308 APPENDIX. r 1 ' |i character, is very intent upon his studies, preaches moderate Calvinism, and speaks with propriety, both of pronunciation and gesture. The German Lutheran churches are two. Both their places of worship are small: one of them has a cupola and bell. The quakers have a meeting-house, and the Moravians, a new sect amongst us, a church, consisting principally of female proselytes from other societies. Their service is in the English tongue. The anabaptists assemble at a small meeting-house, but have as yet no regular settled congregation. The jews, who arc not inconsiderable for their numbers, worsV'p in a syna- gogue erected in a very private part of the town, plain with- out, but very neat within. The city hall is a strong brick building, two stories in height, in the shape of an oblong, winged with one at each end, at right angles with the first. The floor below is an open walk, except two jails and the jailor's apartments. The cellMUinderneath is a dungeon, and the garret above a common pRon. This edifice is erected in a place where four streets meet, and fronts, to the south-west, one of the most spacious streets in town. The eastern wing, in the second story, 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 ordi- narily 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 Newington. Mr. Humphrys, the society's secretary, in a letter of the 23d of September, 1728, informed governor Montgomerie, that the society intended to place these books in New-York, intending to establish a library 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 governor to recommend it to the \ J. ■ >•■ 0m^- ;^« APPENDIX. 309 assembly to provide a place to reposite the books, and to con- cur in an act for the preservation of them and others that might be added. Governor Montgomerie sent the letter to the assembly, who ordered it to be laid before the city corpo- ration, and the latter, in June, 1729, agreed to provide a proper repository for the books, which were accordingly soon after sent over. The greatest part of them are upon theological subjects, and through the carelessness of the keepers many are missing. In 1754, a set of gentlemen undertook to carry about a subscription towards raising a public library, and in a few days collected near ir600, which were laid out in purchas- ing about seven hundred volumes of new^, well-chosen books. Every subscriber upon payment of £6 principal, and the annual sum of ten shillings, is entitled to the use of these books. His right by the articles is assignable, and for non- compliance with them may be forfeited. The care of this library, is committed to twelve trustees, annually elected by the subscribers, on the last Tuesday of April, who are restricted from making any rules repugnant to the funda-. mental subscription. This is the beginning of a library, which in process of time will probably become vastly rich and voluminous ; and it would be very proper for the com" pany to have a charter for its security and encouragement. The books are d'^posited in the same room with those given by the society. Besides the city hall, there belong to the corporation, a large alms-house, or place of correction, and the exchange, in the latter of which there is a large room raised upon brick arches, generally used for public entertainments, concerts of music, balls, and assemblies. . ^ . Though the city was put under the government of a mayor, &c. in 1665, it was not regularly incorporated till 1686. Since that time, several charters have been passed: the last was granted by governor Montgomerie on the 15th of January 1730. ■ Ai ' 'I ^ i \ • i !♦♦ /• I I 310 APPENDIX. It is divided into seven wards, and is under the govern- ment of a mayor, recorder, seven aldermen, and as many assistants, or common councilmen. The mayor, a sheriff, and coroner are annually appointed by the governor. 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 appointment of a deputy, and, together with four aldermen, may appoint a chamberlain. The mayor or recorder, four aldermen, and as many assistants, form *• the common council of the city of New- York ;" and this body, by a majority of voices, hath power to make by- laws for the government of the city, which are binding only for a year, unless confirmed by the governor and council. They have many other privileges relating to ferriages, mar- kets, 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 ouce a week to take cognizance of all civil causes, but also a cou^'t of general quarter sessions of the peace. They have a common clerk, commissioned by the governor, who enjoys an appointment worth about four or five hundred pounds per annum. The annual revenue of the corporation is near two thousand pounds. The standing militia of the island consists of about 2,300 men,* and the city has in reserve, a thousand stand of arms for seamen, the poor and others, in case of an invasion. The north-eastern part of New- York island is inhabited principally by Dutch farmers, who have a small village there called Harlem, pleasantly situated on a flat cultivated for the city markets. * The whole number of the inhabitants exclusive of females above sixty, ac- cording to a list returned to the governor in the spring 1 75G, amounted to 10,466 whites, and 2^75 negroes ; but that account is erroneous. It is most probable that there are in the city 15,000 souls. n >-- APPENDIX. su WEST-CHESTER. This county is large, and in-'t des all the land beyond the island of Manhatans along the sound, to the Connecticut line, which is its eastern boundary. It extends northward to the middle of the highlands, and westward to Hudson'^ river. A great part of this county is contained in the manors of Philipsburgh, Pelham, Fordham, and Courtlandt, the last of which has the privilege of sending a representative to the general assenlbly. The county is tolerably settled ; the lands are in general rough but fertile, and therefore the farmers run principally on grazing. It has several towns, East-Chester, West-Chester, New-Rochelle, Rye, Bedford, and North-Castle. The inhabitants are either English or Dutch presbyterians, episcopalians, quakers, and French pro- testants; the former are the most numerous. The two episcopal missionaries are settled at Rye and East-Chester, and receive each but not villains, ready at any time, encouraged by impunity, and habituated upon the slightest occasions, to cut a man's throat for a small part of his property. The delights of such company is a noble inducement, indeed, to the honest poor, to convey themselves into a strange country. Amidst all our plenty, they will have enough to exercise their virtues, and tstand in no need of the association of such as will prey upon their property, and gorge 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 excused from so afflicting an antepart of the torments of hell. In re \lity, sir, these very laws, though otherwise designed, hove tTjrned out, in the end, the most ' rl i ,' ^ I {I \^ f-^ f\ hi 326 AfPENDlX. 1 ii \ t h\ effectual expedients thai the art of man could have contri- ved, to prevent the settlement of these remote parts of the king's dominions. They have actually taken away almost every encouragement to so laudable a design. I appeal to facts. The body of the English are struck with terror at the thought of coming over to us, not because they have a vast ocean to cross, or leave behind them their friends ; or that the country is new and uncultivated : but from the shocking ideas, the mind must necessarily 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 belong ; who, without any other qualifications than common sense, health, and strength, might accumulate estates among us, as many have done already. These, and not the others, are the men that shouli. be sent over for the better peopling the plantations. Great Britain and Ireland, ii> their present circumstances, are overstocked with them; and he who would imnxortalize himself, for a lover of mankind^ should concert a scheme for the transportation of the indus- triously honest abroad, and the immediate punishment of rogues and plunderers at home. The pale-faced, half-clad, meagre, and starved skeletor.s, 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 unhappily proved injurious to his own country, and ruinous to us. It is not long since a bill passed the commons, for the employment of such criminals in his majesty'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 country, should be compelled to labour the residue of their days in its service. But the scheme was bad, and wisely was the bill rejected 1w the lords, for this only reason, that it had a natural tendency fi ! ! 2 ' APPENDIX. 327 to discredit the king's yards : the consequences of which must have been prejudicial to the whole nation. Just so ought we to reason in the present case, and we should then soon be brought to conclude, that though peopling the colonies, which was the laudable motive of the legislature, be expedi- ent to the public, abrogating the transportation laws must be equally necessary." The bigotry and tyranny of some of our governors, to- gether with the great extent of their grants, may also be considered among the discouragements against the full settlement of the province. Most of these gentlemen coming over with no other view than to raise their own fortunes, issued extravagant patents, charged with small quit-rents, to such as were able to serve them in the assembly ; and these patentees, being generally men of estates, have rated their lands so exorbitantly high, that very few poor persons could either purchase or lease them. Add to all these, that the New-England planters have always been disaffected to the Dutch ; nor was there, after the surrender, any foreign accession from the Netherlands. The province being fhus poorly inhabited, the price of labour became so enormously enhanced, that we have been constrained to import negroes from Africa, who are employed in all kinds of servitude and tiades. English is the most prevailing language amongst us, but not a little corrupted by the Dutch dialect, which is still so much used in some counties, that the sheriffs find 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 lan- guage. In Suffolk and Queen's county, the first settlers of which were either natives of England, or the immediate descendants of such as begun the plantations in the eastern colonies, their customs are similar to those prevailing in the English counties from whence they originally sprang. In the city of New- York, through our intercourse with the European?, we follow the London fashions ; though, by the i ■ 1, :., I > i i Iff El atb AfPENDlX. / !f ^1 it I ^ h i V 8 i time we adopt them, they become disused in England. Our affluence, during the late war, introduced a degree of luxury in tables, dress, and furniture, ^vith which we were before unt.(*<(uainted. But still we are not so gay a people as our neighoours in Boston, and several of the southern colonies. The Dutch counties, in some measure, follow the exam^ilo of New-York, but still retain many modes pecidiar to the Hollanders. The city of New-York consists principally of merchants, shopkeepers, and tradesmen, who sustain the reputation of honest, punctual, and fair dealers. With respect to riches, there is not so great an inequality amongst 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. New- York is one of the most social places on the conti- nent. The men collect themselves into weekly evening clubs. The ladies, in winter, are frequently entertained cither at concerts of music 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 manage their families with be- coming parsimony, good providence, and singular neatness. The practice of extravagant gaming, common to the fashion- able part of the fair sex, in some places, is a vice with which my comitrywonien 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 modest, temperate, and charitable; naturally sprightly, sensible, and good-humoured; and, by the helps of a more elevated educa- tion, would possess all the accomplishments desirable in the sex. Our scliools are in the lowest order — the instructors want instruction; and, through a long t;hameful neglect of all the arts and sciences, our common speech is extremely cor- rupt, and the evidences. of a had taste, both as to thoufln AFfUiNUU. :i'i[i itiid taagiiuge, ure visible in uU uiir pioceeiliugd, public and private. The people, both in town and country, are sober, indus- trious, and hospitable, though intent upon gain. The richer sort keep very plentiful tables, abounding with great varietiei of flesh, fish, fowl, and all kinds of vegetables. The com- mon drinks are beer, cider, weak punch, and Madeira wine. For dessert, we have fruits in vast plenty, of different kinds and various species. Gentlemen of estates rarely reside in the country, and hence few or no experiments have yet been made in agri- culture. The farms being large, our husbandmen, for that reason, have little recourse to art for manuring and improving their lands ; but it is said, that nature has furnished us with sufficient helps, whenever necessity calls u.' to use them. It is much owing to the disproportion between the number of our inhabi' u,nts, and the vast tracts remaining still to be settled, that we have not, as yet, entered upon scarce any other manufactures 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 than 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 sprightly in their natural tempers than the people of England, and hence instances of suicide are here very un- common. Th^ history of our diseases belon s to a profession with which I am very little acquainted. Few physicians amongst us are eminent for their skill. Quacks abound like locusts in Egypt, and too many have recommended them- selves 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, w^e have no law to protert the lives of the vol,. I — 42. I h I ■'/ Mh i £■1 APPKNDIX. king's flubJACtei from the tnnlprnctice of prciendcre. Any man at hin pleasure hcIh up fur physician, apothecary, and chirurgeoii. No candidates arc either examined or licentied, or even sworn to fair practice.* The natural history of this province would of itself furnish a small volume ; and, there- fore, I leave this also to such as have capacity and leisure to make useful observations, in that curious and ent«rtainin|; branch of natural philosophy. CHAPTER III. jr, OF OUR TRADK. The situation of New-York, with respect to foreign mar- kets, for reasons elsewhere assigned, is to be preferred to any of our colonies. It lies in the centre of the British planta- tions on the continent, has at all times a short easy access to the ocean, and commands almost the whole trade of Connec- ticut and New-Jersey, two fertile and well-cultivated colonies. The projection of Cape Cod into the Atlantic, renders the navigation from the former to Boston, at some seasons, extremely perilous ; 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. Philadel- phia receives as little advantage from New-Jersey, as Boston from Connecticut, because the only rivers which roll through that province disembogue 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 unfeasible project. New-York, all things ''' The necoflsity of regulating the practice of physic, and a plan for that pur- pose, were strongly recommonded by the author of the Independent Reflector, in 1753, when the city of Now- York alone boasted the honour of having above fortv gentlemen of that facuUv. IH APPENDIX. m coufidered, has u much better situation, and, were it othur- wise, the city is 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 — ^on vobis mellificatis apes. The profits of our trade centre chiefly in Great Bri- tain and for that treason, methinks, among uiherti, wc ought always to receive the generous aid and protection of our mother country. In our traffic with other places, the balance is almost constantly in our favour. 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 80,000 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 exportation. The returns are chiefly rum, sugar, and molasses, exce^>t cash f ^m Curacoa, and when mules, from the Spanish Main, ore ordered to Jamaica, and the Wind- ward Islands, which re generally exchanged for their natu- ral produce, ■<••. vo receive b'; little cash from our owri islands. TJ j balance againHt them would be much more in our favour, if the indulgence 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 Pennsylvania, very much to the advantage both of the contractors and the public, 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. "he logwood trade to the bay of Honduras is very consi- derable, and was pushed by our merchants with great bold- ness in the most dangerous times. The exportation of flax seed to Ireland is of late very much increased. Between the 9ih of December, 1755, and the 23d of February follow- in£^, we shipped oiT 12,528 lioirslicads. In return for this^ A) 'I ) ■t^\7:^Tftpy:i^y ■',"'?■■''-■ ^ SS2 APPENDIX. ( { *s ■ J \ ) r (< 1 ( 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 remitted to the EngUsh merchants for the same purpose. The fur trade, though very much impaired by the French wiles and encroachments, ought not to be passed over in silence.* The building of Oswego has conduced, more than any thing else, to the preservation of this trade. Peltry of all kinds is purchased with rum, ammunition, blankets, strouds and wampum, or couque-ahell bugles. The French fur trade at Albany was carried on till the summer 1755, by the Caghnuaga proselytes; and, in return for their peltry, they received 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 tr- nsport them to the western Indians on the lakes Erie^ Huron, and at the strait of Misilimakinac. 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 merchants. 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 aimual amount of the goods purchased by this colony in Great Britain, is in value not less than jC100,000 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 con- nected, 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, * It is eomputed, that fonnerly, we exported 160 hogsheads of beaver and other fine furs per annum, and 200 hogsheads of Indian-dressed deer-skins, besides those carried from Albany into Now-England. Skins undressed are usually nhinped to Holland. V 4 '^"•^ •i^-i.it >»*»»* -,-. !i APPENDIX. SSS upon the whole, impolitic and unreasonable ; how much soever it may conduce to advance the interest of a few mer- chants, or this particular colony. By what measures this contraband trade may be eflectu* ally obstructed is hard to determine, though it well deserves the attention of a British parliament. Increasing the num- ber of custom-house officers, will be a remedy worse than the disease. Their salaries would be an additional charge upon the public; for if we argue from their conduct, we ought not to presume upon their fidelity. The exclusive right of the East-India company to import tea, while the colonies pur- chase it of foreigners 30 per cent, cheaper, must be very prejudicial 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 jCl 0,000 sterhng 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 mul- berry, and cedar; and, perhaps, there is no soil on the globe fitter for the production of hemp than the lowlands in the county of Albany. To what I have already said concerning iron ore, a necessary article, I shall add an extract from the Independent 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 intrinsic value beyond any other, and preferable to the purest gold. The former is converted into numberless forms, for as many indispensable uses ; the latter for its portableness and scarcity, is only fit for a me- dium of trade : but iron is a branch of it, and I am persuaded will, one time or other, be one of the most valuable articles of our commerce. Our annual exports to Boston, Rhode- 1 f lib r\i $u APPENDIX. u i ^i \ 1 ! < Island and Connecticut, and, since the late act of parlia- ment, to England, are far from being inconsiderable. The bodies of iron ore in the northern parts of this province are so many, their quality so good, and their situation so con- venient, in respect to 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 qua- lity of the ore, or a defect of conveniences. The want of more workmen, and the villany of those we generally have, are the only causes to which we must attribute such miscar- riages. 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 usu- ally low, profligate, drunken, and faithless. And yet, under all the innumerable disadvantages 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 obstructed 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 being 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 pro'/irice, in the branch of trade, than the importation of foreigners. If our merchants and landed gentlemen could be brought to a coalition in this design, their private interests would not be better advanced by it, than the public emolu- ment ; the latter 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 those gentlemen who are too inactive to engage in such an enterprise, would only be at the pains of drawing up full representations of their advantages for iron works, and of publishing them from lime to time in Great Britain, Ireland, Germany, and Sweden; the province would soon be supplied with a sufficient num- w'&jC^^ ^„_^_J!LjutSj p. , . APPENDIX. 335 ber of capable workmen in all branches of that manufac- tory.'* The money used in this province is silver, gold, British 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 1st of May ensuing, to the consideration of a method for ascertaining their value. A set of gentlemen, in number seventy-two, took the advantage of the discredit 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 fourteen coppers to a shilling. This gave rise to a mob, for a few days, among the lower class of people, but some of them being imprisoned, the scheme was carried into execution, and established in every part of the province, without the aid of a law. Our paper bills, which are issued to serve the exigencies of the government, were at first equalled to an ounce of silver, then valued at eight shillings. Before the late Spanish war, silver and gold were in great demand to make remittances for European goods, and then the bills sunk, an ounce of silver being worth nine shillings and three pence. During the war, the credit of our bills was well supported, partly by the number of prizes taken by our privateers, and the high* price of our produce abroad ; and partly by the logwood trade and the deprecia- tion of the New-England paper money, wich gave ours a free circulation through the eastern colonies. Since the war, silver has been value*', at about nine shillings and two pence an ounce, and is doul'Ufss fixed there, till ou. oits exceed what we export. To assist his majesty for rem "■ the late encroachments of the French, we have isaued jC80,000, to be sunk in short periods, by a tax on estates, real and personal ; and the w hole amount of our paper cur- rency is thought to be about jCl 60,000. 1-' ■,' i \- ! 1 * I h .-W6 AI'PENDIX. Never was the trade of this province in so flourishing u 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 the want of them, gladly received our flags of truce, though sometunes they had but one or two prisoners on board, because they were always loaded with flour, beef, pork, and such like commodities. The danger their own vessels were exposed to, induced them to sell their sugars to us at a very low rtite. A trade was, at the same time, carried on between Jamaica and the Spanish Main, which opened a fine market to the northern colonies, and the returns were principally in cash. It was generally thought, that if the war had continued, the great- est part of the produce of the Spanish and French settlements in the West-Indies would have been transacted to Great Britain, through some one or other oi her colonies ; whencf we may fairly argue their prodigious importance. The provincial laws relating to our trade are not very numerous. Those concerned in them, may have recourse to the late edition of our acts at large, published in 1752 ; and for this reason, I beg to be excused from exhibiting an unentertaining summary of them in this work. CHAPTER IV. OF OUR RELIGIOUS STATE. J! \. By the account already given, of the rise and progress of I e acts for settling a ministry in four counties, and the observations made concerning our various christian denomi- nations, I have in a great measure anticipated what 1 at first intended to have ranged under this head. The principal distinctions amobgst us, are the episcopa- lians, and the Dutch and English presbyterians : the two \ -, L -.■f^jaaaE- \ APPEIfDIX. 33' ? Jast, together with all the ther piotestauts in the colony, are sometimes (perhaps here improperly) called by the general name of dissenters ; and, compared to them, the episcopalians are, I believe, scarce in the proportion of one to fifteen. Hence partly arises the general discontent on account of the ministry acte • not so much that the provision made by them is engri ssed by the minor sect, as because the body of the people are tor an equal, universal, toleration of protestants, and utterly averse to any kmd of ecclesiastical establishment. The dissenters, though fearless of each other, are all jealous of the 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 governors have given an alarm to their fears, and if ever any other gentlpman, who may be honoured with the chief command of the province, begins to divert himself, by retrenching the privileges and immunities they now enjoy, the confusion of the province will be the unavoidable consequence of his folly ; for though bis 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 wiU probably be made upon the rights of conscience, without endangering the public repose. Of the government of the Dutch churches I have alreaily given an account. As to the episcopal clergy, they ar^ missionaries of the Englidh society for propagating the gos- pel, and ordinarily ordained by the bishop of London, who, havinc? ;; commission from the king to exercise ecclesiastical jurisdiciion, commonly appoints a clergyman here for his commissary. The ministers are called by the particular churches, and maintained by the voluntary contribution oi" their auditors and the society's annual allowance, there " eing no law for tithe?. VOL. I — 43. / \1 fM ir % 338 APPENDIX. i-f The English presbyterians are very numerous. Those inhabiting New- York, New-Jersey, Pennsylvania, and the three Delaware counties, are regularly formed, after the manner of the church of Scotland, into consistories or kirk sessions, presbyteries and synods, and will probably soon join in erecting, a general assembly. The clergy are ordained by their fellows, and maitujined by their respective congre- gations. I .'Tc-ept those inissionaries among the Indians, whose tnibsiBtenci is paifl y the Society in Scotland, for propagaiiig Cloislinn Kw.uL'.ge. None of the presbyterian chi^rches !»• this province are incorporated, as is the case of many in New-Jersey. Their judicatories are upon a very proper establishment, for th/^y have no authority by legal ,-'!iciio .ri to enforce taeir decrees. Nor indeed is any religious sect, amongst, us, legally invested with powers j?i3ju 3'10 AFI'ENDIX. ii i I ii I V I ( legislature of our own, are binding upon us ; and therefore, at the planting of this colony, the English religious establish- ment immediately took place. Secondly^ That the act which established the episcopal church in South Britain, previous to the union of England and Scotland,^extends to, and equally affects, all the colonies. These are the only arguments that can be offered with Uie least plausibility, and if they are shown to be inconclu- sive, the position is disproved, and the arguments of con- sequence must be impertinent and groundless. I shall begin with the examination of the first : and here it must be con- fessed, for undoubted law, that every new colony, till it has a legislature of its own, is, in general, subject to the laws of the country from which it originally sprang. But that all of them, without distinction, are to be supposed binding upon such planters, is neither agreeable to law nor reason. The laws which they carry with them, and to which they are subject, are such as are absolutely necessary to answer the original intention of our entering into a state of society — such as are requisite, in their new colony state, for the ad- vancement of their and the general prosperity ; such, with- out which they will neither be protected in their lives, liberty, or property : and the true reason of their being con- sidered, even subject to such laws, arises from the absolute necessity of their being under some kind of government, their supporting & colony relation and dependence, and the evident fitivoss of their subjection to the laws of their mother country, with which alone they can be supposed to be ac- quainted. Even at this day we extend every general act of parliament which we think reasonable and fit for us, though it was neither designed to be a law upon us, nor has words to include us, and has even been enacted long since we had a legislature of our own. This is a practice we have intro- duced for our conveniency ;* but that the English laws, so * This practice is very danj^eroup, and is asi^uniing little less than a lei^islatirc authoritv. V' ■.ja 11 i APPE^'UU. 341 far as I have distinguished them, should be binding uponue, antecedent to our having a legislature of our own, is of abso- lute unavoidable necessity. But no such necessity can be pretended, in favour of the introduction of any religious esta- blishment whatsoever ; because, it is evident that different societies do exist with diflerent ecclesiastical laws, or, which is sufficient to my purpose, without such as the English esta- blishment ; and that cir il society, as it is antecedent to any ecclesiastical establishments, is in its nature unconnected with them, independent of them, and all social happiness completely attainable without them. Secondlyj To suppose all the laws of England, without distinction, obligatory upon every new colony at its implan- tation, is absurd, and would effectually prevent the subjects from undertaking so hazardous an adventure. Upon such a .supposition a thousand laws will be introduced, inconsistent with the ?tate of a new country, 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 prescribe the same dose to every pa- tient, without distinguishing the variety of distempers and constitutions." According to this doctrine, we are subject to the payment of tithes, ought to have a spiritual court, and impoverished, as th : settlers of the province must have been, they were yet liable to the payment of the land tax. And had this been the sense of our rulers, and their conduct conformable thereto, scarce ever would our colon' have appeared in their present flourishing condition; espei Ay if it be considered, that the first settlers of most of them, sought an exemption in these American wilds, from the establish- ment to which they were subject at home. Thirdly, If*''" "planters of every new colony carry with them the establish^ ioiigion of the country from whence they migrate ; it follows, that if a colony had been planted when 4 1 ^ ■i *= Afterwards lord chief justice of the King's Bench. These were his words, in an opinion against the extent of the statute of frauds and perjurieK. 342 AI'I'KMHX. {I V )! hi the English nation were pjiiraiH, (he estabhshmcul in tiucli colony nnist. he paganism alone : and, in like manner, had this colony been planted while popery was eatah' :hed in England, the religion of papists must have been our esta- blished reliifion ; and if it is our duty to conform to tlie reli- gion established at home, we ^-p equally bound, against conscience and the bible, to be pagans, papists, or protest- ants, according to the particuKir religion they shall please to adopt. A doctrine that can never be urged, but with a very ill grace indeed, by any protestant minister ! Fourthly, If the church of England is established in this colony, it must cither be founded on acts of parliament, or the common law. That it is not established by the first, I sliall prove in the sequel ; and tliat it cannot be established by the common law, appears from the following considera- tions : The common law of England, properly defined, consists of those general laws to which the L iglish have been accus- tomed from time whereof there is no memory to the contrary; and every law deriving its validity from such immemorial custom, must be ^arried back as fnr as to the reign of Richard I. whose deatii nappened vn itie ith of April. I !>9. But the. present establishment of the uirch of ' igland was not till the fifth year of qiM'en Anne. And In nee it is appa- rent, that the establishment of the -ch of England can never be argued from the common law, even in England ; nor could be any part of it, since it depends r for its vali- dity upon custom immemorial. And iherefore, though it be admitted, that every English colony is subject to the common law of the realm, it by no means follows, that the church of Enarland is established in the colonies ; because the common law knows of no such religious establishment, nor considers any relig'ouS establishment whatever, as any part of the Enghsh constitution. It does, indeed, encourage religion ; but that, and a particular church government, are things entirely different. I prncerd now to n considovntjon of the second argumeni APPENIJIX. :J4S insisted on to prove an episcopal cstabliHlnneni in the colo- nies, founded on the a(;t whidi established the church of Enghind, passed in the fifth year of queen Anne, recited and ratified in the act for a union of the (wo kingdoms of England and Scotland. And that this act does not establish the church of England in the colonies, has been so fully shown by Mr. Hobart,* in his second address to the episco- pal separation in New-England, that I shall content myself with an extract from ('le works of that ingenious gentle- man, which, with very little alteration is as follows : " The act we are now disputing about, was made in the fifth year of queen Ann, 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 a union with England, were apprehensive of its endangering their ecclesiastical establishment. Scotland was to have but a small share in the legislature of Great Britain — but forty-five members in the house of commons, which consists of above five hundred, and but sixteen in the house of lords, which then consisted of near an hundred, and might be increased by the sovereign at pleasure. The Scots, therefore, to prevent having their ecclesiastical esta- blishment repealed in a British parliament, where they might be so easily out-voted 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 English parliament upon passing this act for securing the church of England. Neither of them designed to enlarge the bounds of their ecclesiastical constitution, or extend their establishment farther than xi reached before, but only to seciu'e and perpe- tuate it in its then present extent. This is evident, not only from the occasion of tlic act, but from the charitable temper ) * Aministprofone of the rhurches,at Fairfield, in Conneclirut, 544 APVENDIX. (I the English pixrl-'nmfnt was under the influence of, when they pasfled it. i'hu lord North and Grey ofl'ered a rider to be added to the bill for an union, viz. That it might not ex- tend to an approbation or acknowledgement of the truth of the preubyterian way of worship, or allowing the religion of the church of Scotland to be what it is styled, the true pro- testant religion. But this clause was rejected. A parlia- ment that would acknowledge the religion of the church of Scotland, to be the true protestant religion, and allow their acts to extend to an approbation of the presbyterian way of worship, though they might think it best to secure and per- petuate the church of England within those bounds, wherein it was before established, can hardly be supposed to have designed to extend it beyond them. ** The title of the act is exactly agreeable to what we have said of the design of it, and of the temper of the parliament that passed it. It is entitled, an act not for enlarging but for securing the church of England, and that not in the American plantations, but as it is now by law established ; which plainly means no more than to perpetuate it within it» ancient boundaries. "The provision made in the act itself, is well adapted to this design ; for it enacts, that the act of the 13th of Eliza- beth, and the act of uniformity, passed in the 13th year of Charles li. and all and singular other acts of parliament then in force for the establishment and preservation of the church of England, should remain in full force for ever ; and that every succeeding sovereign should, at his coronation, take and subscribe an oath to maintain and preserve inviolably the said settlement of the church of England, as by law established, within the kingdoms of England and Ireland, the dominion of Wales, and town of Berwick upon Tweed, and the territories thereunto belonging. This act doth not use such expressions, as would have been proper and even necessary, had the design been to have made a new esta- blishment; but only such as are proper to ratify and confirm an old one. The settlement, which the king is sworn to pie- ( r AI'PKNDIX. Mo ■8ei"ve, id leprescnied as existing previou' '•• lo tlie pauuing thifl act, and not as rnadu by it. The »voi4 i of the oath are, to "maintain and preserve inviol. ))y t'.e said settle-/ nient." If it be asked, what Bettlenien: 1 the answer must be, a settlement heretofortt made and confirmed by certain statutes, which for the greater certainty and security are enumerated in this act, and tieclared to be unalterable. This ia the settlement the king is Hworn to preserve, and this settlement has no relation to us in America. For the act, which originally made it, did not reach hither ; and this act, which perpetuates them, does not extend them to us.'* It ia a mistake to imagine, that the word territories necessarily means these American colonies. " These coun- tries are usually in law, as well as other writings, styled colonies or plantations, and not territories. An instance of this we have in the charter to The Society for propagating the gospel in foreign parts." And it is the invariable practice of the legislature in every act of parliament, both before and after this act, designed to affect us, to use the words colonies, or plantations. Nor is it to be supposed, that, in so important a matter, words of so direct and broad an intent, would have been omitted. " The islands of Jersey and Guernsey were properly territories belonging to the kingdom of England before the union took place ; and they stand in the same relation to the kingdom of Great Britain since. The church of England was established in these islands, and the legislature intended to perpetuate it in them as well as in England itself; so that as these islands were not particularly named in the act, there was occasion to use the Avord territories, even upon the supposition that they did not design to make the establishment more extensive than it was before the law passed." Further, in order to include the plantations in the word territories, we must suppose it always to mean every other part of the dominions not particularly mentioned in the instrument that uses it, which is a construction that can never be admitted : for, hence it will follow, that those commissions which give the govern- VOL. I — 44, A I 3 derstood it." Thus far Mr. Hobart. With respect to the act of union, I beg leave only to subjoin, that it is highly probable the Scotch parliament believed the English intended to establish their church only in England. For in the close of the act, by which they had established the presbyterian church in Scotland, it is declared in these express words, that the parliament of England may provide for the secxnity of the church of England, as they think expedient, to take place within the bounds of the naid kingdom of England. And whatever latitude the word kingdom has in common speech, it, in a legal sense, is limit*, d to England, properly so called, and excludes tlie plantations. Nor can we suppose, thnt thr; rhnirh of Enerland if^ I 348 APPENDIX. Vm] , y n established in these colonies, by any acts prior to tlie act ol' 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 repugnancy thereto, should have made the grant of Pennsylvania, and given equal privileges to all religions in that province, without even excepting the Roman catholics ; and that the colonies of Rhode-Island, Connecticut, and the Massachusett's Bay, should be permit- ted to make their provincial establishments, in opposition to ah antecedent establishment ol'the church of England, espe- cially, as the laws of the Massachusett's Bay province are constantly sent home, and tiie king has the absolute power of repealing every act he should think improper to be cojitinued as a law. Whoever, therefore, considers this, and that the king is sworn to preserve the church of England establishment, must necessarily conclude, that whatever sentiments may obtain among the episcopalians in America, our kings and their councils have always conceived that such establishment could by no means be extended to us. As to Connecticut, all tlif^ episcopalians of that colony, and even their ministers, Avere legally compellable to contribute to an annual tax for the p'^pport of the congregational clergy, till of late they were fav(Hired with a law which grants them a privilege of exemption Irom that iniquitous and unreason- able burden. But whether they are subject to the like unchristian imposition in the other colonies above mentioned, I am not sufficiently acquainted with their laws to deter- mine.* The 13th number of the Watch Tower published at New- York, in 1755, espouses the same side with the author of the Reflector, adds several new arguments and the opinions of eminent coimsel at law, and considers the force of what is * I believe there is no just cause for the complaints transmitted by the mis- sionaries. Dr. Douglass assigns several instances of gross misrepresentations and falsehoods.— Vid. his Summary, 2d vol. p. 139. Boston edit. 1753, and the Watch Tower. No. XLI. published at New-York, in i75^. if '*^y « «M«^ APPIiNDlX. 349 advanced by the late Dr. Douglass iu favour of his position, Ihat 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 indiffer- ently supported : it is true they live easily, but few of them leave any thing to their children. The episcopal missiona- ries, for enlarging the sphere of their secular business, not many years ago attempted, by a petition to the late governor Clinton, to engross the privilege 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 marriages to be legal. The governor's licenses now run to " All protestant ministers of the gospel." Whether the justices act still, when the banns are published in our churches, which is customary only with the poor, I have not been informed. Marriage in a new country ought to have the highest encouragements, and it is on this account, perhaps, that we have no provincial law against such as are clandestine, though they often happen, and, in some cases, are attended with consequences equally melancholy and mischievous. As to the number of our clergymen, it is large enough 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 inhabitants of the New-England colonies ; but both in this respect and good morals, we certainly have the advantage of the southern pro- vinces. One of the king's instructions to our governors, recommends the investigation of means for the conversion of negr oes and Indians. An attention to both, 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 christianized towns, had been sent out to preach among the savages, unspeakable political advantage? would have flowed from such a salutary mea- sure. Dr. Douglass, a sensible, immethodiral writer, often - - -fi rJ5U APPENDIX. incorrect, expects too much:* besides, he treats the missiona* ries witii rudeness and contempt, and lafthen their indolence with unmerciful acrimony. CHAPTER V. THE POLITICAL STATE. . r This colony, as a part of the king's dominions, is subject to t.,e control of the British parliament, but its more imme- diate government is vested in a governor, council, and gen sral assembly. The governors in chief, who are always appointed by the king's commission under the great seal of Great Britain, enjoy a va:it plenitude of power, as may be seen in their pa- tents, which are nearly the same. The following is a copy of that to the late sir Dan vers Osborn. George II. by the grace of God, of Great Britain, France and Ireland, king, defender of the faith, and so forth. To our trusty and well beloved sir Danvers Csbom baronet> greet- ing, whereas we did by our letters patent under our great seal of Great-Britain, bearing date at Westminster, the third day of July, in the fifteenth year of our reign, constitute and appoint the honourable George Clinton esq. captain general and governor in chief in and over our province of New-York, and the territories depending thereon in America, for and dting our wi!' and pleasure, as by the said recited letterti patent, (relation being thereunto had) may more fully and at large appear. Now know you that we have revoked and * " Our young missionarios may procure a perpetual alliance, and commercial advantages with the Indians, which the Roman catholic clergy cannot do , because they are forbid to marry. I moan our missionaries may intermarry with the daughters of the Sachems, an-J other considerable Indians, and their progeny will forever be a certain cement between us and the Indians." Dougl. Sum . Sir.. Vol. IT. p. J.38. Boston V/ii\. Mri?,. APFENOIA. 351 deteiinined, and by these presents do revoke and determine, the said recited letters patent, and every clause, article, and thing therein contained. And further know you, that we reposing especial trust and confidence in the prudence, courage, and loyalty, of you, the said sir Dan vers Osborn, of our especial grace, certain knowledge, and mere motion, have thought fit to constitute, and appoint you, the said sir Danvers Osborn, to be our captain general, and governor in chief in and over our province of New-York, and the territo- ries depending thereon in America, and we do hereby require, and command you to do and execute all things in due man- ner, that shall belong unto your said command and the trusf. we have ro posed in you, according to the several powers and directions granted or appointed you by this present com- mission, and the instructions herewith given you, or by such further powers, instructions and authorities, as shall at any time hereafter be granted or appointed you, under our signet. and sign manual, or by our order in our privy council, anti according to such reasonable laws and statutes as now are in force, or hereafter shall bfiinade and agreed upon by you, with the advice and consent of our council, and the assembly of our said province under your government, in such manner and form as is hereafter expressed, and our will and pleasure is that you, the said sir Danvers Osborn, after the pubUca- tion 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 majesty's person and government, and the succession of the crown in the heirs of the late princess Sophia, being protestants, in. J for extinguishing the hopes of the pretended prince of Wales, and his open and secret abettors, as also that you make and subscribe the declaration mentioned in an act of parliament, made in the twenty-fifth year of the reign of king Charles il. intituled an act for preventing dangers which may happen from popish recusants, and likewise that you take the usual oath for the due execution of the office and trust of our captain \ l\ 363 APPENDIX, general, and governor in chief in and over our said province of New-York, and the territories depending thereon, for the due and impartial administration of justice, and further that you take the oath required to be taken by governors of plantations, to do their utmost that the several laws relating to trade and the plantations be observed, which said oaths and declaration our council in our said province, or any three of the members thereof, have hereby full power and authority and are required to tender and administer un^ ) you and in your absence to our lieutenant-governor if there be any upon the place, all which being duly performed you shall administer unto each of the members of our said council as also to our lieutenant-governor 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 prin; ess Sophia, being protestants, and for extin- guishing the hopes of the pretended prince of Wales and his op*^'a and secret abettors, as also to cause them to make and aubscribe the aforementioned ^^claration 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 authority 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 be any lieutenant-governor 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 departure out of our said province or suspension of any of our said councillors or otherwise there shall be a vacancy in our said council (any three whereof we do hereby appoint to be a quorum) our will and pleasure is that you signify the same unto us by the first opportunity, that \.'e may under our signet and sign manual constitute and appoint others in their stead. But that our affairs may not suffer at that distance for want of a due number of council- }oY3 if ever it shoxild happen tliat there be less than seven APPENDIX. 333 oi them residing in our said province we do hereby give and grant unto you the said sir Danvers Osborn full power and authority to choose as many persons out of the principal 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 be to all intents and purposes councillors in our said province until either they shall be confirmed by us or that by the nomina- tion of others by us under our sign manual 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 consent of our said council from time to time as need shall require to summon and call general assemblies of the aid freeholders and planters within your government t '.cording 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 freeholders of the respective counties and places and so returned shall before their sitting take the oaths mentioned in the said act intitled 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 protes- tants and for extinguishing the hopes of the pretended prince of Wales and his open and secret abettors as also make and subscribe the aforementioned 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 hereby declare that the persons so elected and qualified shall be called and deemed the general assembly of that our province and the territories depending thereon. And you the said sir Danvers Osborn by and with the consent of our said council and assembly or the major part of them respectively shall have full power and authority to make constitute and ordain laws statutes and ordinances for the public peace welfare ntid ffond ffovprnment of our VOT,. T. — 4.5 954 APPENDIX. V said province and of the people and inhabitants thereof and sucli others as shall resort thereto and for the benefit of us our heirs and successors, which said laws statutes and ordinances are not to be repugnant but as near as may be agreeable to the laws and statutes of this our kingdorn of Great Britain, provided ihat all such laws statutes and ordinances of what nature or duration soever, be within three months or sooner after the making thereof transmitted unto us under our seal of New-York for our approbation or disallowance of the same as also duplicates 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-chief of our said province for the time being then such and so many of the said laws statutes and ordi- nances as shall be so disallowed and not approved shall from thenceforth cease determine and become utterly void and of n )ne effect any thing to the contrary thereof notwithstanding. And to the end that nothing may be passed 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 a negative voice in the making and passing of ail laws statutes and ordinances as aforesaid, and you shall and may likewise from time to time as you shall judge it necessary adjourn prorogue and dissolve all general assemblies as aforesaid. And our further will and pleasure is that you shall and may use and keep the public 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 uiito 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 authorized by you in that behalf to administer and ffive the aforementioned oaths to ii / AVfUMJl.X. add 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 Osbprn full power and authority with the advice and con- sent of our said council to erect constitute and establish i^uch and so many courts of judicature and public justice within our said province under your government as you and ♦hey shall think 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 necessiiry powers authorities fees and privileges belonging thereunto as also to appoint and commis- sionate fit persons in the several parts of your government to administer the oaths mentioned in the aforesaid act intitlcd 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 extinguish- ing the hopes of the pretended prince of Wales ai d his open and secret abettors as also to tender and administer the aforesaid declaration untr. such persons belonging to the said courts as shall be obliged to take the same. And we do hereby authorize and impower you to constitute and appoint judges and in cases requisite commissioners of oyer and terminer justices of the peace and other necessary ofiicers and ministers in our said province for the better adminis- tration of justice and putting the laws in execution, and to administer or cause to be administered unto them such oath or oaths as are usually given for the due execution and performance of offices and places and for the clearing oi 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 offender or offenders in criminal matters or for any fines or foi-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 M 4 J ^-.L iioii \rfLtiDl\. i have power upon extraordir< iiy occasions to grant repneveb to the ofTenders until and to the intent our royal pleasure may be known therein. And we do by these presents authorize and impower you to collat iu .y 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 unto you, the said sir Danvers Osborn, by yourself, or by your captains and commanders, 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 territories under your government, and, as occasion shall serve, to march from one place to another, or to embark them for the resisting and withstand- ing of all enemies, pirates and rebels, both at sea and land, and to transport such forces as any of our plantations in America, if necessity shall require, for the defence of the same against the invasions or attempts of any of our enemies, and such enemies, pirates and rebels, if there shall be occa- sion to pursue and prosecute, in or out of the limits of our said province and plantations, or any of them, 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 time 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- vernor-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 said 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, boroughs, towns and forti- fications, as you by the advice aforesaid shall judge necessary, and the same, or any of them, to fortify and furnish wilh ordnance, ammunition, and all sorts of arm?. ,, ►>"* ^»^, AffENDIX, w go- do tit and neceasary for the security and defence of oiir said province, and by the advice aforesaid, th;; name agfain, or any of them to demolish or dismantle as may Ik. most con- venient. 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 aud employed at sea during the time of war may be better governed and ordered, we do hereby ^ive, and grant unto y-" the said sir Danvers Osbom, full pow^r and authority « nstitute and appoint captains, lietrunf'.\rri. . masters of hi|M, and other commanders and of!^c.«^ rue to grant to tni ' captains, lieutenants, masters of ships and other immandeis and officers commissions to execute the law aartial during the time of war, according to the direc- tions of 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 his majesty's navies ships of war and forces by sea, and the other passed in the eighteenth 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 proceed- ings, authorities, punisliments, corrections, and executions, upon any offender, or offenders, who shall be mutinous, sedi- tious, disorderly, or any way unruly, either at sea, or during the time of their abode or residence in any of the ports, harbours, 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 that nothing herein contained sh. >i be construed to the enabling you or any by your authority to hold plea or have any jurisdiction of any offences, cause, matter, oi thing, committed or done upon the high sea, or within any of the havens, rivers, or creeks, of our said province and territories under your government, by any captain, com- mander, lieutenant, master, officer, seaman, soldier, or other i f v^!^^. IMAGE EVALUATrON TEST TARGET (MT-3) 1.0 I.I 11.25 ■ 50 ■2.5 y^m i Ui lii 2.2 I LS 12.0 m u 1^ 0> $s •& ^ %\>^'^ ^'^^' "^14 Hiotographic Sdences Corporation 33 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 vV I (I . 'Si 358 APPiBNDlX. person whatsoever, who shall be in our actual service and pay in or on board any of our ships of war or other vessek acting by immediate commission or warrant from our cooip missicmers for executing the office of our high admiral, or from our high admiral of Great Britain, for the time being under the seal of our admiralty, but that such captaia, com> mander, lieutenant, master, officer, seaman, soldier, or other person so ofiending, shall be left to be proceeded against and tried as their offences shall require, either by commisnou under our great seal of Great Britain as the statute ot the twenty-eighth of Henry the eighth directs, or by comraisuon from ou: said commissioners for executing the office of our high admiral, or from our high admiral of Great Britain for the time being according to the aforementioned acts. Pro- vided nevertheless, that all disorders and misdemeanors committed on shore by any captain, commander, lieutenant, master, officer, seaman, soldier, u other person whatsoever belonging to any of oui: ships of wsur, or other vessels acting by immediate commission or warrant from our said commis- sioners for executing the office of our high admiral, or from our high admiral of Great Britain for the time being under the seal of our admiralty, may be tried and punished accord- ing to the laws of the place where any such disorders, oflfences, and misdemeimors shall be committed on shwe, notwithstanding such offenders be in our actual service, and bom 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 as afwesaid so as he shall not receive any pro- tection for the avoiding of justice for such offences committed on shore from any pretence of his being employed in oar service at sea. And our further will and pleasure is that all public 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 t ^t l ni ** I i n i i dflnjwr v '*M APPENDIX. 959 bv and with the advice and consent of ouf council, and disposed of by you, for the support of the government, and hot other- wise. And we do hereby Ukewise givie and grant unto you full power and authority, by and with the advice and con- sent of our said council, to settle and agree with the inha- bitants of our province and territories aforesaid, for such lands, tenements and hereditaments, as now are, or hereafter shall be in our power to dispose of, and them to grant to any person or persons upon such terms, and under such moderate quit-rents, 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 appoint fairs, marts and markets, as also such and so many ports, harbours, bays, havens and other places for the convenience and security of shipping, and for the better loading and unloading of goods and merchandises as by you, with the advice and consent of our said council, shall be thought fit and necessary. And we do hereby require and command all officers and ministers, civil and military, and all other inhabitants of our said pro- vince, and territories depending thereon, to be obedient, aiding and assisting unto you, the said sir Danvers Osborn, in the execution of this our commission, and the powers and authorities herein contained, and in case of your death or absence out of our said province, and territories depending thereon, to be obedient aiding and assisting unto such person as shall be appointed by us to be our lieutenant-governor, or commander-in-chief of our said province, to whom we do, therefore, by these presents give and grant all and singular the powers and authorities herein granted, to be by him executed and enjoyed during our pleasure or until your arrival within our said province and territories, and if upqn your death or absence out of our said province and territories 360 ABf^JiDlX. V. i ^.i (t depending thereon, there be no person upon the place conor missionated or appointed by. us to be our lieutenant-governor or commander-in-chief of our said province, our will and pleasure is, that the eldest counsellor, whose name is Arst placed in our said instructions to you, and who shall a,t the time of your death or absence be residing within our said province of New-York, shall take upon him the administra- tion of the government and execute our said commission and instructions, and the several powers and authorities therein contained, in the same manner and to all intents and pur- poses, as other our governor and commander-in-chief of our said (MTovince, should or ought to do in case of your absence, until 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 Osborn, shaU and may hold, execute and enjoy the office and place of our captain general and governor-in-chief, in and over our province of New- York, and the territories depending thereon, together with all and singular the powers and authorities hereby granted unto you for and during our will and pleasure. And whereas there ore divers colonies adjoining to our province of New- York for the defence and security whereof it is requisite that due care be ta^n in time of war we have therefore thought it necessary for our service and for the better protection and security of our subjects inhabiting those parts to constitute and appoint and we do ^ v these presents constitute and appoint you the said st> ivers Osborn to be our captain general and commander-iu chief of the militia and of all the forces by sea and land within our colony of Connecticut and of all our forts and places of strength within the same and for the better ordering governing and ruling our said militia and all our forces forts and places of strength within our said colony of Connecticut we do hereby give and grant unto you the said sir Danvers Osborn and in your absence to our commander-in-chief of our province of New- York all and every the like powers as in these presents are before ^[ranted and recited for the ruling- governing- and ordering- •• '^- *rj^ A ^ •£r. ^" *" 'f^" ^v APPENDIX. 3tii our militia and all our forces forts and places of strength within our province of New- York to be exercised by you the said Sir Danvers Osborn and in your absence from our terri- tories and dominion of New-York by our commander-in-chief of our province of New- York within our said colony of Con- necticut for and during our pleasure. In witness whereof we have caused these our letters to be made patent witness ourself at Westminster the first day of August in the twenty- seventh year of our reign. By writ of privy seal, YORKE AND VORKE. The instructions, received with the commission, are ex- planatory of the patent, and regulate the governor's conduct on almost every common contingency.* The salary generally granted to the governor by tlie instructions is i^l200 sterling out of the revenue here ; but that being an insufficient fund, the assembly in lieu of it, give him annually .£1560 currency. The perquisites perhaps amount to as much more. This office wd s formerly very lucrative, but becomes daily less considerable, because almost all the valuable tracts of land are already taken up. The council, when full, consists of twelve members ap- pointed by the King's mandamus and sign manual. All their privileges and powers are contained in the instructions. They are a privy council to the governor, in acts of civil government ; and take the same oath administered to the King's council in England. The tenure of their places is extremely precarious, and yet their influence upon the pub- lic measures very considerable. In the grant of all patents the governor is bound to consult them, and regularly they cannot pass the seal without their advice. *The instructions are in number above a hundred, and never recorded. They are changeable at the King's pleasure, but rarely undergo any very con- sideraUe alteration. VOL. II. — 40 > mi APPENDIX. 1 It ' If They enjoy a legislative power, as the lords do in parlia- ment ; and exercise also judicial authority upon writs of error and appeals. They are conveyed by the governor, and he is always present when they sit as a court or privy council, which is ordinarily at the fort. In their legislative capacity they meet without the governor, and always at the city-hall. They sit according to their seniority, and the eldest member present is speaker of their house. In a committee the chairman has no voice. They cannot vote by proxy, but have the privilege of entering their dissent, and the reasons at large, on their minutes. Their proceedings are very formal, and in many respects they imitate the example of the lords. Their messages to the assembly are carried by one of their own members, and the house always rises at his entrance and receives them standing. The council nevei* publish their legislative minutes, but the assembly always print their own votes, nor do either of these houses peroiit stirangers to be present at their conventions. A counsellor's title is t]u honourable. They serve his majesty without salaries. The business of the privy council board 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 governors. The present members are the honourable Cadwallader Golden, Archibald Kennedt, James Db Lancet,* lieutenant-governor, Daniel Horsmanden, George Clarke, jun. Joseph Murray, John Rutherford, Edward Holland, sir William Johnson, bart, John Chambers, William Smith. The business in council daily encreases, and is now become very burdensome, being entirely transacted by a few members. Mr. Colden resides in the country; Mr. Clarke in England; Mr. Rutherford, being an officer, moves * The office of lieutenant-governor requires no service, except on the deatli ur in the absence of a govemor.in>chief. It gives no rank in council, nor is there anvsalarr annexed to it, AfPKNPlX. d^5 with the aripy, and sir William Johnson has hi« rf ^id^nce in the western part of the county of Albany. .. < > ; The general assembly consists of twenty-^even represen- tatives chosen by the people, in pursuance of a writ of summons issued by the governor. At the day appointed for their appearange, such as are elected convene themselves at the assembly-chamber, in the city of New-York ; and, by the clerk of the hovse, inform the governor of their meeting. If they are above thirteen in number, some persons (generally the judges of the supreme couft) are sent to the assembly chamber empowered by ^ commission to take their oaths and subscriptions. They are then called before his excellency, who recommends their choice of a speaker. For that purpose they again retire, and conduct the person they elect into the chair, which is seated at the upper end of a long table. After that he is presented to his excellency, in the council chamber ; Qiid upon his approbation of their choice, which is of course, the speaker addresses, himself to the governor, ^nd in behalf of the house prays, " that their words and actions may have a favpurahle construction, that the members may have fre^ access to him, and they and their servants be privileged with a freedom from arrests." The governor, after promising these things on his part, reads his speech to both houses ; and, at the 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 they take the practice of the British House of Commons for their model, and vary from them in but very few instances. Money bills are not returned to them by the council hoard, as the lords do to the commons ; and yet the reasons for this practice are much stronger here than at home. When the governor passes the bill sent up to him, both houses are present in the council chamber. It is then ct:^tomary for him to ask the advice of his council with respect to every bill, and he signs them at the foot after these words, " I assent to this bill, enacting the same, and 'f i SG4 APPENDIX. order it to be enrolled." After that the acts are published in the open street, near the City-Hall ; 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 following list of the present members of ths house. For the city and county of ^ew-York — Paul Richard, Henry Cruger, William Walton, John Watts, esqrs. ; each 6«. per diem. City and county of Albany — Peter Winne, Peter Douw, esqrs. ; lOa. per diem. We8t-che$ter county — John Thomas, Frederick Philipse, esqrs. ; 68. per diem. Suffolk county — Eleazer Miller, William Nicoll, esqrs. ; 9s. per diem. Queen*8 county — David Jones, Thomas Cornel, esqrs. ; 69. per diem. JKSng'a county — Johannes Lott, Dominicus Vanderveer, esqrs. ; 69. per diem. Ulster county — Johannes Jansen, Moses De Pew, jun. esqrs. ; 6«. per diem. Richmond county — William Walton, Benjamin Seamen, esqrs. ; 68. per diem. Dutche88 county — Henry Beekman, Henry Filkin, esqrs. ; 68. per diem. Orange county — Theodorus Snediker, Samuel Gale, esqrs. ; 6». per diem. Borough of West'Chester — Peter De Lancey, esq. ; lOs. per diem. Towtuhip of Schenectady. — Jacobus Mynderse, esq. ; 10s. per diem. Manor of Renslaerwyck-— John B. V. Renslaer, esq. ; 10s. per diem. • Manor of Livingston — Robert Livingston, Jun. esq. ; 10s. per diem. Manor of Courtlandt — Philip Ver Planck, esq. ; 6s. per diem. ;•! ■ ■V.'rJr: --i.. . *^. 3. *.?■ >. _ ..4. t\ APPENDIX. 365 The continuance of our assemblies was u^'limited, till the political struggles, which took rise in Mr. Cosby's administra- tion, forced Mr. Clarke, who succeeded him, to pass the act restricting them to three years : but this was repealed by the king, and a septennial law enacted soon after the arrival of governor Clinton, which is still in full force. No colony upon the continent has formerly sufiered more than ours, in the opinion of the king's ministers. This has been owing to the ill impressions made by our governors, who are scarce ever disengaged from disputes with the lower house. Our representatives, agreeably to the general sense of their constituents, are tenacious in their opinion, that the inhabitants of this colony are entitled to all the pri- vileges of Englishmen ; that they have a right to participate in the legislative power, and that the session of assemblies here, is wisely substituted instead of a representation in par- liament, which, all things considered, would, at this remote distance, be extremely inconvenient and dangerous. The governors, on the other hand, in general, entertain political sentiments of a quite different nature. All the immunities we enjoy, according to them, not only flow from, but abso- lutely depend upon, the mere grace and will of the crown.* It is easy to conceive, that contentions must naturally attend such a contradiction of sentiments. Most of our disputes, however, relate to the support of government. Before lord Cornbury's embezzlements, the revenue was established for »\ II per per per per * '* We are no more than a little coi rr tion. — I would adviie these gentlemen (aMomblies; for the future, to drop ..::(< « parliamentary airs and stylo about liberty and property, and keep within their sphere, and moke the best use they can of his Majesty's instructions and commission ; because it would be high trea- son to tdt and act without it. — This is onr charter. If we abuse or make a wicked use of his majesty's favours, we are, of them, but tenants at will : we only hold them during pleasure and good behaviour." — These are the accurate and bright thoughts of the gentleman who published a pamphlet, entitled, ''An essay on the government of the colonies," in 1752. Sir William Jones, attorney-gene- r&l to James II. was of a very different opinion. For he told the king, "■ that he could no mure grant a commission to levy money on his subjects in the planta- tions, without their consent by an assembly, tlian they could discharge them- selves from their allegiance." Life of sir William Phips, p. 23. .r.* .„m^■ - 306 APrBNOIX. a long period, but afterwards reduced to a few years. The violent measures in Mr. Cosby's time, led the assembly to the scheme of an annual proTision. These are the words of that much famed address of the house, to lieutenant.gover- nor Clarke, on the 8th of September, 17S7, previous to the change. *' The true causes of the deficiency of the revenue, we believe, are too well known to your honour, to make it neces- sary for us to say much on that head. Had the conspicuous loyalty of the inhabitants of this province met with a suita- ble treatment in return : it is not unlikely, but we should now be weak enough to act like others before us, in being lavish beyond oiu* 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 inhabi- tants : but experience 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 amise, 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 raise into the power of a governor to misapply, if we can prevent it ; nor shall we make up any other deficiencies, than what we con- ceive are fit 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 necessary for the safety of the inhabitants of this colony, who 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 will endeavour not to deceive them." The sentiments of this address still prevail among the peo- ple, and therefore the success of the present solicitations, for a permanent, indefinite support, will probably be in vain. The matter has been often litigated with great fervency on both sides, and the example of the British parliament htmumx. 967 urgtd as a precedent for our imitation. To this it is answered that the particular state of this province differs so widely from that of their mother country, that we ought not in this respect to follow the custom of the commons. Our constitu- tion, as some observe, is so imperfect in numberless instan- ces, that the rights of the people lie, even now, at the mere mercy of their governors ; 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 go- vernor has numberless opportunities, not proper to be men- tioned, for invading the rights of the people, and insuperable difficulties 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 fortified political frame ; but through our utter neglect of education, the ancient as- semblies consisted of plain, illiterate, husbandmen, whose views seldom extended farther than to the regulation of high- ways, the destruction of wolves, wild cats, and foxes, and the advancement of the other little interests of the particu- lar counties which they were chosen to represent. J m CHAPTER VI. OF OUR LAWS AND COURTS. ■-a ^ The State of our laws opens a door to much controversy. The uncertainty with respect to them renders voperty pre- carious and greatly exposes us to the arbitrary decisions of bad judges. The common law of England is generally received, together with such statutes as were enacted before we had a legislature of our own; but oiu: courts exercise a sovereign authority, in determining what parts of the com- mon and statute law ought to be extended ; for it must be tiHb KVritlfDlX. ^( admitted, that the difTerence of circumstancei necemahly requires us, in some cases, to reject the determinations of both. in many instances they have also extended, as I have else- where observed, even acts of parliament, passed since we have had a distinct legislation, which is adding greatly to our confusion. The practice of our courts is not less uncer- tain than the law. Borne of the English rules are adopted and othetB rejected. Two things therefore seem to be abso- lutely necessary for the public security. Fir$tt The passing an act for settling the extent of the English laws ; and, Secondly, That the courts ordain a general set of rules for the regulation of the practice. To give a particular account of our laws civil and criminal, cannot be expected in this work. AH lands are held of the crown by socage 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 the posession of the Indians, is this : Formerly the custom was to apply to the governor in coun- cil, for a license to purchase lands of the Natives in his Ma- jesty's name. A deed was then privately obtained from the Indian proprietors to the king, and annexed to a second peti- tion to the governor, for a warrant to the surveyor-general, to make a survey of the quantity purchased. Another war- rant, upon tne return of the survey, was then issued to the attorney-general, to prepare a draught of the patent ; which being transmitted to the secretary's office, was then engrossed upon parchment, and the great seal affixed to it by the governor. > , 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 gover- nor 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 presence of the Indian proprietors : that tht: ArrKAoix. SttD bouudi of tiifl iract thoiild be tlien entered in the deed, and a certiflcate endorted, that they are af(reoable to the surrey, and thai he saw the coniiideralion money or goods, bona fide delivered to the venders. The patenting of lands has long been, and still continues to be, very expensive. Our law judicatories are numerous ; I begin with the. lowest. OP THE JUSTIUKS' COURT. Justices of the peace are appointed (>y commission from I lie governors, who, to serve their purposes in elections, some- times grant, as it is called, the administration to particular favorites in each county, which is the nomination of ofikers 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, besides their ordinary powers, are by acts of ""isembly 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. The proceedings are in a summary way, and the eonduot of the justices has given just cause to innumeraUe complaints. The justices have also a juris., diction with respect 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 COUR1 OP COMMON PLEAS. The court of Common Pleas takes cognizance of all causes where the matter in demand is in value above five pounds. It is established by an ordinance of the governo: in council. The judges are ordinarily three, and hold their ofikes during pleasure. Through the infancy of the country, few, if any of the '*' Lord Bacon's obaerration, that there are many who count it a credit to ho. burdened with the office of a justice of the peace, is very applicable to up. Bacon's Works, fo». vol. IT. p. isi.— the statute of 38 Hen. VIII. limited the number of justices to eight in a connty. VOL. II.— 47 I :r---^_ r. V 370 ■ APlPfiXVOIX. them, are acquainteu with the law. The practice of these courts is similar to that of the common-bench at Westmin- ster. They have each a clerk, commissioned by the governor, •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 are very great. For it takes cog- nizance of all causes civil and criminal, as fully as the King's Bench and Common-Pleas at Westminster. In civil contro- versies, the value of the sum demanded must exceed twenty pounds. This court has four terms in a year, and always sits at New- York.* The judges, for many years past, have been but three. The chief justice has ten shillings as a per- quisite, upon the first motion in every cause, together with an annual allowance of jCSOO. The second and third jus- tices have also yearly appointments, too inconsiderable 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 qtutm diu se btne gesserint.lf The Supreme Court was at first established by several laws of the province ; but the terms were, afterwards, directed by an ordinance of the governor 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 * The terms commence on the third Tuesdays in Janaarjr, April, and October, and on the last in July. The first and the last continue five days, and the two other terms ten. t Prosecutions by information are oflen commenced in the supreme court by order of the governor and council, and criminals sometimes committed by their warrants ; for which reason some are of opinion, that the judges ought not to be msmbers of that board, which is freqViently the rase. *-••— r* ■ '^^i^t— ■ ■"?, AFPEMOtX. 371 troubles in the several administrationa of Mr. Cosby and Mr. Clarke. Colonel Morris, afterwards governor of New-Jersey, sat then as chief justice upon the bench, and delivered a long, argumentative, opinion in the negat' 3* The people were, in general, on that 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 council ; and accord- ingly Mr. Smith and Mr. Murray, delivered their opinions at their request, both which were afterwards printed by their order. The former, who spoke first, urged numerous au- thorities, to prove that no couri, of equity could be legally established except by prescription or an act of the legislature, and concluded with these words : — ",'Tis with the greatest submission that I tender ray opinion upon these points. — I have said nothing with a design to offend any man, nor hA'/a I omitted saying any thing, that I thought might tend to the public good. Liberavi animam meam. I have endea- 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 common 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 public honour. They place our liberties upon the firmest basis, and put our properties under the surest protec- tion. I rejoice in the security that we have of a long enjoy- ment 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 irtby their to be * See the printed opinion, and the arguments of Messrs. Alexander and Snitth for the defendant Van Dam adsoctum the attorney-general ; in support of a plea to the jurisdiction of the supreme court, on a bill filed there for governor Cosby in a conrso of pqnity. New-York, printed by John B. Zengeri 1733. 5:i i?2 AFFEiNDIX. \i tieenoen, and not slaves. 'Tis the misery of an arbitrary g'ovetnmenty that a man can enjoy nothing under it that he can call bis own. Life, liberty, and property, are not bis, but all at the will and disposal of his tyrannical owner, i don't wonder that our ancestors have been always so jealous of Iheir liberties : how oil have they bravely fought, and nobly died, in the defence of them ? We have received euf liberties and our laws, as an inheritance transmitted to us in the blood of our ftithers. How highly therefore should we prize and value them ! And what care should we take, that we and our posterity may enjoy them in their full extent ? If this be our happy case) we shall sit under our own vines and QUE own fig-trees, and none will make us afraid. We shall see our country flourish, and ourselves a happy peofrfe. But if an arbitrary power over our liberties and properties be let in upon us, but at a back door, it will certainly drive many of us out of our habitations ; and 'tis to be feared, will once more reduce our country to a wilderness, and a land without inhabitant : which we doubt not but this honourable house wiU 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 fear- ful that our establishment of these courts here by an act of assembly, woukl draw into question our equal rights to aHl the liberties and privileges oi 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.■:■, •\ \< t 1-4 I ! I ■ ( * •I ; fft« h I f "* Sir John ftandolph wrote his sentimenta concerning these disputes to captain Peatse. And as he was an eminent lawyer, in Virginia, I doubt not bis letter will be acceptable to the reader. '* SIR — By your request, I have perused and considered the arguments of Mr. Smith and Mr. Murray, before the General Assembly of New-Tork, in rela- tion to the court of equity established there in a new court of exchequer; which I perceive was done, principally, for determining a dispute between tha goTomor and the president of the council, about their right to the salary annexed to the office of the commander-in-chief, whether he be the governor or president; and it seems strange to me, that upon such an occasion, so extra- ordinary a step should be taken, as the erecting of a new court, exempted fh>m the rules of proceeding at the common law, when the matter might have been decided in an action of the case upon an Indebitahu a$Mumprit, which is the settled method and most expeditious remedy in cases of that nature. " Both of these gentlemen seem to have agreed in one point, tliat it was necessary to trace the court of chancery and the equity court in the exchequer back to their original institution, in order to show whether the governor of a new plantation hath a power or not to erect courts, in imitation of these high and ancient courts in England.— And from tlieir researches, they 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, can't be obtained in New-York. — I own I don't understand the force of this sort of reasoning, nor can I conceive, how any inquiry 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 bo established without the consent of the legislature, because wo can imitate their methods of proceeding, though we are very imperfect in comparison to their reason and judgment. 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 the governor to act in the same manner. I think before they turn a governor into a king, they should take care, to provide for him the same safficiency of wisdom and as able a council ; therefore I must suppose, a mighty difierence between the power of a king and the governors abroad. Their instructions as to the erecting of courts, or the authorities granted in tlieir patents for that purpose, are not now, as they wore in the beginning, when there were no courts; but proper judicatures being long since ostsblished. there is an imm 4i'i'£Kui:k. ilo an ' ' The judges cf this court, according to an act of assembly, are judges of ^isi Prius of course ; and agreeably to ati ordinance of the governor and council, perform a circuit end of their power in that respect, and if any alteration is found necessary, it most certainly Le done by the consent of the legislature. The kings of England have always, so far as I am acquainted with the history of the plantations, used a particular tenderness in the business of erecting their courts of judicature, by directing their governors to take the advice of the general assemblies in that matter, and I dare say, that if the patents and instructions of the governor of New-York were to be inspected, no sufficient warrant will be found in them, to exercise this 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 men's properties, by other rules than those of the common law, by which alone we of the plantations mv»* be governed, must subject the estates of that people to an arbitrary rule, so far us they are restrained from appealing to an higher jurisdic- tion, and may enslave them to the weak, if not coirupt, judgments of those men. It really seems to be a singular misfortune to the people of New-Tork, 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 extrava- gant, 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 over. I think nothing could entitle the court of equity to proceed in the cause be- tween the governor 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 most have issued out of the public treasury of the provmce. If I had been to have argued this point, I should have taken a very different method from those gentlemen. Instead of taking so much pains, in running through so many book cases, to settle what the constitution of England is, I would have stated the constitution of this particular government, as it is grounded either upon treaties or grants from the crown of England ; for as New-York was a conquered country, it ia very probable something may have been stipulated between the States General and the crown of England, in behalf of the subjects of Holland, which were left there in possession of their estates, and so became subjects to England. If there was any such treaty, that must be looked upon as the funda- mental law of the province ; and next to that, the king's charter must take place. I don't at all doubt, but some way or other, the common law was established there, and if not, as there is a legislature, I suppose it is adopted by the ccuntiy ; for there is, undoubtedly, a great difference between the people of a conquered country, and colonies reduced by the king's consent by the subjects of England. The common law follows them wherever they go, but as to the other, it must rise either from treaties or grants; therefore it is a pity every thing in relation to this matter has been omitted, which would have been of great use to tliose who are unacquainted with the .facts, in forming a judgment in this case. I can't forbear obrorving a mighty weakness in the lawyers of New- York, in blindly i » ii V f t Y 1 V >' I 97tf Arfumnx. r ). .- i 1 i through the countiey once every year. They carry with them, at the same time, a commiesion of oyer and terminer and general jail delivery, in which some of the county jus- tices are joined. The judges and practisers in the supreme, and all other courts, wear no peculiar habits as they do at Westminster- Hall and in some of the West-India islands ; nor is there, as yet, any distinction or degrees among the lawyers. The door of admission into the practice is too open. The usual preparatories are a college or university 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 governor, who thereupon grants a license to practise, under his hand and seal at arms. This being produced to the court, the usual state oaths and subscription are taken, together with an oath for his upright demeanour, and he is then qualified to prac- tise in every court in the province. Into the county courts, attornies are introduced with still less ceremony. For our governors have formerly licensed all perstnas, how indifferently soever recommended; and the profession has been shame- fully disgraced by the admission of men not only of the meanest abilities^ but of the lowest emplojrments. The pre- sent judges of the supreme court are the honourable (for that is their title) James De Lanceit, esq. chief justice. John Chambers, esq. second justice. Daniel Horsmanden, esq. third justice. They have but two clerks: one attendant upon the supreme foUowing a eommon error, in relBtion to the staitotea of Englaad being in Totce then; whereas there is no foundation in sense or reason for soeh an opinion. Tlie common law must be the only rule, and if we wado into tiie statotes, no man can tell what the law is. It is certain all of them cant bind, and to know which do, was always above my capacity. Those that an dcelarative of the common law, serve us rather as evidences, than by any binding quality as statutes. " I am, sir, your meet obedient servant, Sic. "JOfTN RANDOLPH." T APPENDIX. 377 court at Nftw-York, and the other on the circuits. The for- mer seals all their process and is keeper of the records. (- v THE COURT OP ADMIRALTY. "^'The oiily officers of this court are the judge, or cominia-- sary, the register and marshal. The present judge, Lewis Morris, esq. has, by his commissioii,* a jurisdiction in all maritime afTairs, not only here, but in the colonies of New- Jersey and Connecticut. The proceedings before him arc in En^ish, and according to the course of the civil law. ^ ,♦>**>» f .^^ V- THE PREROGATIVE COURT. The business of this court relates to the probate of last wills and testaments, and the grants of letters of administra- tion on intestate estates. The powers relative to these matters are committed to the governor, who acts ordinarily by a delegate. '. r - ,. : ^ j» «. THE COURT OP T'lE GOVERNOR AND COUNCIL. The authority of this court is best seen in the instruction on which it depends, t r-j^^? :'" Ht^ r^ . r > r-.^ v " Our wiU and pleasuri^ is, that you, of the commander-in- chief of our said province, for the time being, do all in civil causes, oii application being made to you, or the commander- in-chief for the time being, for that purpose, permit and allow a{^als, from any of the courts of common law in our said province, unto you or the commander-in-chief, and the coun- cil of our said province ; and you are, for that purpose, to issue a writ, in the manner which has been usually accustomed, returnable before yourself and the council of our said pro- vince, 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, * It is under tlie seal of the admiralty, and dated January 16, 1738. VOL. I. — 48 \M 378 APPENDIX. shall not be admitted to vote upon the said appeal; but they may, nevertheless, 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, to exceed the sum of* three hundred pounds sterling ; and that security be first duly 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 judgment of you, or the com- mander-in-chief for the time being, 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, exceed five hundred pounds sterling, and that such appeal be made within fourteen days after sentence, and good security given by the appellant, that he will eflfec- tually prosecute the same and answer the condemnation, and 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 aflSrmed. Provided neverthe- > less, where the matter in question relates to the taking or demanding any duty payable to us, or to any fee of office, or annual rent, or other such like matter or thing, where the rights in future may bo bound, in all such cases, you are to admit an appeal to us in our privy council, though the imme- diate sum or value appealed for be of a less value. And it is our further will and pleasure, that in all cases where, by your instructions, you are to admit appeals to us in our privy council, execution be suspended, until the final determina- tion of such appeals, imless good and sufficient security be * Before the arrival of sir Donvers Osbom, appeals were givonto tlie goTer> nor and councilt in all causes above £100 sterling, and to the king in council, in all those above £300 sterling. By this instruction, the power of the supreme court and of the governor and council, is prodigiously ougmented. In this infant country few contracts are equal to the sums mentioned in the instruction, and therefore an uncontrollable authority in our courts may be dangerous to the property and liberties of the people. Proper checks upon judges preserve them both from indolence and corruption. affendix. 379 given by the appellee, to make ample restitution of all that the appellant shall have lost by means of such judgment or decree, in case upon the determination of such appeal, such decree or judgment should be reversed, and restitution awarded to the appellant." ' . ' * 7^1 be over- !il, in reme tfant and the ^hem THE COURT OP -CHANCERY. Of all our courts, none has been more obnoxious to the people than this. There have been (as I have already shown) few administrations since its first erection, in which our assemblies have not expressed their disapprobation of its constitution by ordinance, and the exercise of the chancellor's power by the governor. During the administration of Governor Cosby, a bill was filed by sir Joseph Eyles and others, to vacate the oblong patent granted by his immediate predecessor to Hauley & Company. The defendants except- ed to the governor's jurisdiction, but being over-ruled they resorted to the assembly with a complaint, and the house, on the 6th of November, 1735, resolved, " That a court of chancery in this province, in the hands or under the exercise of a governor, without consent in general assembly, is contrary to law, unwarrantable, and of dangerous consequences 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, relative to the court of chancery, is too singular to be suppressed. "The settling and establishing of courts of general jurisdic- tion, for the due administration of justice is necessary 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 England, when new courts were to be erected, or old ones to be abolished or altered ; and the several king's of l\ 360 ArrkKpix, 'I f England, in whose reign^ those acts were made, never con- ceived, that the settling, erecting, or abolishing courts, by acts of the legislature, had any tendency to destroy or in the least to diminish their just and legal prerogatives. It watj the method in use here, both before and since the revolution, and particularly recommended to the assembly to be done in that manner, by a message from governor Sloughter and coimcil, on the 16th day of April, 1691. He was the first governor since the revolution ; and the governors that sinf e that time assented to those acts, we suppose, never in the least imagined they were giving up the prerogative of their masters when they gave that assent ; nor did we ever learn that they were censured for doing so. — On the contrary, the constant instructions that have from time to time been given to the governors of this province, seem clearly to point out the doing of it by acts of the legislature, and not otherwise, as may be gathered from the instruction for the erecting of a court for the determining of small causes, by which there are positive directions given to the governors, to recommend it vo the asseinbly that a law should be passed for that pur- pose ; but notwithstanding these directions, given in direct and express terras, the governors never would apply for such an act, but erected that court by an ordinance of themselves and council, as they did the court of chancery, which had before that time been erected by acts of the legislature in another manner. They could not be ignorant what dissa- tisfaction 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 illegality of such a proceeding. And though these resolves have been, as often as made, treated by the governors with an un- reasonable 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, and so generally dissatisfactory ; and which (as they managed it) proved of no use to the public or benefit to themsfclve!?. For APPENDIX. dHl //J lity avc un- of ide so it) •"or as few of (hem had talents equal to the task of a chancellor, which they had undertaken to perform, so it was executed accordingly. Some of them being willing to hold such a court, others not, accordingly as they happened to be influ- enced by those about them. So that were it really esta- blished 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 80 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 honour well knows that the establishing that court, in the manner it has been done, has been a subject of con- tention between the governors and the assembly ; and since h is confessed by all, that the establishing both of that, and other courts, by act of the legislature, is indisputably legal, and gives them the most incontrovertible authority ; and, if unquestionably legal, what is so cannot be destruc- tive of his majesty's prerogative. We therefore hope, you will make no scruple of assenting to this bill, to put an end to the contention, that has not been, nor will be, while it continues, 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 inconsi- derable. A court of equity is absolutely necessary, for tho due administration of justice ; but whether private property ought to be in the hands of the governors, I leave others to determine.* As the public 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 present officers of this court (which is always held in the council-chamber at the fort) are, his excellency, sir Charles Hardy, knt. chancellor, two masters, two clerks, one examiner, a register, and a sergeant-at-arms, and not * Some are of opinion, that the goveinor's juriBdiction in thia and th« spirl* taal, or prero^tive court, are incompatible. //il ^\ll 'i 382 ArrKNDix. one of them hM a salary. In our proceedings we copy after rhe chancery in England, and indeed in all our courte, the |yac(i«e at home is more nearly imitated in this and New- Jer8<^> , th«n in any other province upon the continent. Few ^^ of our aBseintilies have been capable to < oncert any new regu- lations of this kind; and hence the lawyers have had recourse to the English customs and forms, which they have generv^v adopted. While the New-England colonies, • through the superior education of their representatives, have introduced numberless innovations peculiar to them selves, the laws of our mother country have gradui<«i>' obtained here, and in this respect, the public has ^ <, hajw received advantages, even from the ignora*^ce of <'Ui - ancestors. . 'j * \( . I ■[, •A .".ffl . ■ •■ '\ <■' '^i' ,:..^f •^Mr;'^- r - ^ , ■ ■ , ■ .■* ■ rvA ••'^ I' ..•'/ . 1 ' '*?; «fr-f/^*t"-fft- yv.nM ii^ i > j|fa»^^w-«..-^r.- ..iitiSisi;^ „-.-'A(ftsT>*"w*-«*»^***'-*-**^-..-«.V; '•■■^ ."-*wVk. '-- .^■-' ***»•- Vt, ^ • I I i' NOTES. //V / ) lit I w ii ' \ i , :.:::. A- NOTES. Note A. — Page 2. CiiAKLEvoix, a French Jesuit, author of the General History of New France, thinks tlio discovery of New- York and Hudson's river was in 1609; but Stitli, Douglass, Oldmixon, and other English writers agree, that Hudson's first voyago was in the preceding year. It was thought to be a demonstration of a discovery of the country before this period, that the marks of a hatchet were found on the body of a tree in the spring of 1775, which had been made in 1590. The block was brought to town and shown to the author. But the discoverer abused the value ho had set upon tliis curiosity, to whom I observed, tliat the Indians, upon tlie authority of Stith's history, might have got the instrument from Canada, where Targues Carteu, accordmg to Do Lact, the discoverer, had watered in 1536, at St. Croix, a little above Quebec, and afterwards revisited the St. Law- rence in 1540 with five ships, and continued the crew at Chaslcbourg, above St. Croix, to 1542, or from the English who came first to VVococon, or Ocacock, to the southward of Cape Hatteras, on the second of July, 1582, and a few days after entered Albemarle Sound. That they returned to it under Sir Richanl Grenville on the 2Gth May, 1585, who, on his return that summer to England, left about one hundred persons at Roanoke, who expanded themselves southward and nortliward, and had dealings with the Indians above one hundred and tliirty miles northwest into tlieir country. That Sir Francis Drake visited the new colony in 1586, after burning St. Antony Urlena, in Florida, where lie found the Spaniards had commenced settlements. That Sir Richard Grenville revisited tliat country the same year, andCapt. White with his company the next; and that in 1588 Sir Walter Raleigh had then expended forty tliousand pounds upon the enterprise for planting a colony under the name of Virginia. — Sir Thomas Smith's company, after Raleigh's assignment, arrived August tlie 3d, 1590, the year designated on the block. Mr. Robert Yates, the surveyor, who brought it to town, gave mo the following certificate of the discovery in a letter dated May the 3d, 1775 : " Sir : In the course of the survey of the patent granted ui the year 1672, to Van Hendrichy Van Baale, in the county of Albany, as claimed by the proprie- t«ra thereof, tho surveyors wore particularly directed by the arbitrators appointed for the determination of its contested boundaries to bore the marked trees standing on and at some distance from tlic lines. In consequence of it a num- VOL. I.— 49 4 386 NOTKfi. 1 1 < berof trees were bored ; several wlicreof appeared to be cut or marked, wliosr respeclivo ages, upon ascertaining the streaks grown over such marks, counted from 110 to 140 years. But wliat more particularly strikes my attention, and to which I can find no satisfactory solution is, that at the distance of about one mile south-west from a hill called Kych-Uyt,in a pine wilderness, remote from any settlement, one of the axe-men, for tlie .sake of keeping him in employ, wa» ordered, on the seventh March, 1775, to cut a pitch pine tree of about two feet diameter, whereon there was httle, if any, appearance of a mark — about six inches in the tree a cut or mark was discovered and the block taken out. In splitting it with the grain it opened to our view several cuts of an axe or other sharp iron tool, the dents whereof appeared as fresh and new as if the mark had been made within a year. In counting of the rings or streaks grown over these marks, it amounted to one hundred and eighty-five, so that the cut was made in the year 1590, at least 17 years befoie Hudson's discovery of tliis coun- try. It is well known that the natives had no iron tools before their acquaintance and mtercourse with the Europeans, and it is this circumstance that involves me in the difficulty of accounting for its mark at that early period. Proof of the number of streaks grown over marks has often in our courts been allowed to ascertain its age. I have, tliereforc, been at some pains to discover its certainty, and can, from my own experience, declare that it amounts *" demonstration.— Among the variety of instances, the two following are tlie imo- * emarkable : — In the year 1762, 1 was present when a number of trees wore nvdii:ed on the survey of the township of Kinderhook. In the year 1773, 1 re-i^'urveyed these lines, and ordered several of those marks to be opened, and thereupon found that all those trees, though of different kinds, invariably counted ten streaks above the marks. 1 have, also, been employed in the year 1768 to re-survey the bounds of a patent, wliich appeared by the deputy surveyor's return to have been originally laid out for the patentee in the year 1738 : to satisfy myself as to the certainty of the trees which were shewn me as marked on his survey, I bored a beach tree, whereon the initial letters of his name appeared standing in the comer of one of the sides, and found that the streaks above it counted exactly thirty. I am, sir, your most obedient servant. New- York, May 3, 1775. ROBERT YATES. On inspecting the block, I observed that the rings of growth differed in their distance from each other, probably according to the variety of the years as more or less favorable. But if the age of the tree is to be computed by the fourth part of its diameter acquired in one hundred and eighty-five years, and was conse- quently for twenty-four inches over seven hundred and forty years old, how venerable our forests of pine in wliich there arc many trees of from three to four fept in diameter, which must then be from one thousand to near fifteen hundred years old ; and how many more they continue at a stand and on tlia decline before they fall, none can presmne. The land moEt abounding witli pine is light, dry and sandy, and where the trunks have rotted away they havo knots which no weather seems to affect ; yet in the repletion of the interstices with rosin or gin imctuous substance that is very influnable, and which the country people collect and use for lights to work by in long winter evenings.— These are found where there is not the least appearance of a hillock for the trank to which they originally belonged, «nd this leads to as remcte antiquity for • > >01KS. as? thoir first formation as for rocks and other permanuut tmbstaiiccs. tliny sayii, " Vita arborum quterundarum imniensa credi potest," but he mentions no species of trees with certainty of an ago equal to what wo conjecture of the American firs commonly called pitch pine. There is a white pine tree on tlie banks ol Batton creek, in the township of Cambridge, in this province, of the diameter of seven feet. No fir as yet discovered exceeds four. Note B. — Page 3. The pamphlet is entitled, "Boschryvinghevan Virginia, Neiuw Nederland," &c. and was printed at Amsterdam in 1651. It contains two descriptions of tho Dutch possessions. The first is a copy of that published by John Do Laot, at Leyden. The second gives a view of this country several years ailer, in 1G41>. A short representation of the country of the Mahakuase Indians, written in 1644, by John Megapolensis, jun. a Dutch minister residing hero, is annexed to that part of the pamphlet conceniing New-Netheiland. . Note C. — Puge 5. The anonymous Dutch author of the description of New-Netherland in 1649, calls him Minnewits ; and adds, that in 1638 he arrived at Delaware with two vessels, pretendhig that ho touched for refreshment in his way to the West- Indies; but that he soon threw of the disguise, by employing his men in erect- ing a fort. Ti)e same historian informs us of the murder of ssveral Dutch men at South River, by tho Indians, occasioned by a quarrel, concerning the taking away the States' Arms, which the former had erected at the first discovery of the country ; in resenting which, an Indian had been killed. If Kiefl''6 letter alludes to this affair, then Minuit preceded Van T wilier, in the chief command here; and being perhaps disobliged by the Dutch, entered into the service of the queen ofSweden. Note D. — Page 7. The war between Cromwell and the States, which began July, 1652, was con- cluded by a peace on the fifth of April, 1654. The treaty ma'' -3 no particular mention of this country. If any part of it can be considered as relating to thoi American possessions, it is to bo found in the two first articles, which arc in these words : " Imprimis, it is agreed and concluded, that, from this day for- wards, there be a true, firm, and inviolable peace, a sincere, intimate and close friendship, affinity, confederacy, and union, betwir.t tho republic of England and tlie States General of the United Provinces of the Netherlands, and tlioland, countries, cities, and towns, under the dominions of each, wiUiout distinction of places, together with their people and inhabitants of whatsoever degree." II. "That hereafter all enmity, hostility, discord, and contention, betwixt the said republics, and their people and subjects, shall cease, and both parties shall henccforwards abstain from the committing all manner of mischief, plunder, and injuries, by land, by sea, and on the fresh waters, in all their lands countries, dominions, places, and governments whatsoever." Note E. — Page 26. ft was in these words : " Forasmuch as his majesty hath sent us (by com- mission under his great seal of Eixgland,) amongst other things, to expel, or l'> ; 1 386 iVOTFS. ( ,l' ' n reduce to liia majesty'd obodionce, all such foreigners as without liis majesty's leave and consent, have seated themselves amongst any of his dominions in America, to the prejudice of his majesty's subjects and diminution of his royal dignity, wo, his said majesty's commissioners,^ do declare and promise, that whosoever, of what nation soever, will, upon knowledge of this proclamation, acknowledge and testify themselves, to submit to this his majesty's government, as his good subjects, shall be protected in his majesty's laws and justice, and peaceably enjoy whatsoever God's blessing and their own honest industry have furnished them with ; and all other privileges with his majesty's Englisli subjects. Wo have caused this to be published, that we might prevent all inconveniences to others, if it were possible ; however, to clear ourselves from the charge of all tliose miseries that may any way befal such as live here, and will acknowledge Ills majesty for their sovereign, whem God preserve." Note F. — Page 47. Tiie Court of AesI/.cs was one both of law and equity, for the trial of causes of jC20,and upwards, and ordinarily sat but once a year ; subordinate to this were tlic town courts and sessions ; tlic former took cognizance of actions under £5, and the latter of suits between that sum and twenty pounds: seven constables and overseers were judges in the first, and in the last the justices of the peace, with a jury of seven men. The verdict of the majority was sufficient. Note G.—Page 49. Another reason is assigned for the favour Renslaer met with from the crown« It is said, that while Cliarles II. was an exile, ho predicted the day of his restora- tion: The people of Albany had a higli opinion of his prophetic spirit, and many strange tales about him still prevail there. The parson made nothing of his claun, the manor being ailerwards granted by Colonel Dongan to KilUan Van Renslaer, a distant relation. This extensive tract, by the Dutch called a colony, is an oblong extending twenty-four miles upon Hudson's river, and as many on each side. The patent of confirmation was issued by special direction from the kuig, and is the most liberal in the privileges it grants of any one in the province. Note H.— Page 63. The amazing falsehoods and gross misrepresentations of the missionaries are notorious to all who give themselves the trouble of perusing tlie abstracts of their accounts pubUshed in England. It would be a very agreeable office to me, on this occasion, to distinguish tJie innocent from tlio guilty, but that such a task would infallibly raise- up a host of enemies. Many of the mis- sionaries are men of learning and exemplary morals. Those in America arc known and honoured, and cannot bo prejudiced by an indiscriminate 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. Ogilive is, I believe, the only person now employed among the Indians by the English Society for Propagating tlie Gospel, and the greatest part oven of his charge is in the city of Albany. All the Scotch missionaries are among the heatlien, and their success has been sufficient to encourage any future attempts. There is a retrular socif tv of Indian ronverte in New-Jorpev : and it is worlliv of N01'£!4. j»y n) remark, tiiat not one of them has apostatized into heathenism. Some of them have made such proficiencies in practical roUgion, as ought to nliamo many of us, who boast the iHuminating age of our native Christianity. Not one of tliesn Indians has been concerned in those barbarous irruptions, wliich have lately deluged the frontiers of the south-western provuiccs, with the blood of several hundred innocents of every age and sex. At the commoncomont of tlicse ravages, they flew into the settlements, and put tiiomsolves under the protection of the government. These Indians no sooner became christians, than they openly professed their loyalty to king George ; and, therefore, to contribute to their conversion was as truly politic as nobly christian. Those colonies wliich have done most for this charitable design, have escaped be»l from the late dis- tressuig calamities. Of all the missionaries, Mr. David Brainord, who recovered these Indians from the darkness of Paganism, was most succcRsful. Ho died the 9th of October, 1747, a victim to his extreme mortification and inoxtinguisli- able zeal for the prospertiy of his mission. Those who are curious to inquire particularly into the effects of his indefatigable industry, may have recourse to his journal, published at Philadelphia, by the American correspondents of tlie Scotch society, in whose service he was employed. Dr. Douglass, ever ready to do honour to his native country, oiler remarking that this self-denying clergyman rode about 4000 miles in the year 1744, with an air of approbation, asks, " Is there any missionary from any of the societies for propagating tlie gospel in foreign parts, that has reported the like ?" Note I. — Page 93. The following was the declaration of Leisler, signed the 3d of June, 1680 : — " Whereas our intention tended only but to the preservation of the protestant religion, and the fort of this city, to the end that wo may avoid and prevent the rash judgment of the world, in so just a design, wee have thought filt to let every body know by these public proclamation, that till the safe arryvell of the ships, that wco expuct every 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 lyghncss had chosen, and honoured with the charge of a governor, Uiat as soon as the bearer of the said orders shall have let us see his power, then, and without any delay, wp shall execute the said orders punctually; declaring that we do intend to submit and obey, not only the said orders, but also the bearer thereof, committed for the execution of tlie same. In witness hereof, we have sgined these presents, the 3d of Juno, 1689." Note K.—Page 16T. The preamble of the act, suggested without doubt by the parties inlercslcii in its success, gives a history which no person in England was concerned to con- tradict. Mrs. Farmer, a descendant from Leisler, sent mo a copy of the statute in July, 1759. It may serve to show the propriety of calling for a report oi' facts which have happened at a distance, before final resolutions are taken upon them. " An Act for reversing the Attainder of Jacob Leisler and others. — Whereak, in the late happy revolution, the inhabitants of the province of New- York, in AmorJca, did, in their general assembly, constitute and appoint captain Jamb ,. vf.| • •i^o NOTK0. I:; !' \ ^. Loislor to bo commandor-in-cliiof of the said province, until their maje«liei' pleaaure should be known therein. And the Baid Jacob Leisler wm afterwards confirmed in the said command by his majesty's letter, dated tlie thirtieth day of July, one tiiousand six hundred and eighty-nine ; and the said Jacob Ijeisler having the administration of the said government of New-York, by virtue of the said power and authority so given and confirmed to him as aforesaid, and being in the exercise thereof, captain Richard Ingoldsby arriving in the said province, in the month of January, Anno Domini one thousand six hundred and ninety, did, without producing any legal authority, demand of the said Jacob Leisler the possession of the fort at New-York ; but the said Jacob Leisler, pursuant to tlie trust in him reposed, refusing to surrender the said for^ into the hands of the said Richard Ingoldsby, kept the possession thereof until the month of March then next followmg, at which time colonel Henry Sloughter being constituted captain-general and governor-in-ciiiof of the province, arrived there in the evening, and the said Jacob Leisler having notice thereof, that same night (though very late) took care to deliver tliosaid fort to his order, which was done very early the next morning. "And whereas the said Jacob Leisler, also Jacob Milborne, Abraham Govorncur, and several others, were arraigned in the Supremo Court of Judicature at New- York aforesaid, and convicted and attainted of high treascii and felony, for not ' delivering the possession of the said fort to ^e said Richard Ingoldsby, and the said Jacob Leisler and Jacob Milborne were executed for the same. May it therefore please your most excellent majesty, at the humble petition,and request of Jacob Leisler, the son and heir of the said Jacob Leisler, deceased, Jacob Milborne, the son and heir of the said Jacob Milborne, deceased, and of the said Jacob Governeur, that it be declared and enacted, "^ndbe it enacted, by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal and commons in tliis present parliament assembled, and by the authority of the same, that the said several convictions, judgments and attainders of the said Jacob Leisler, deceased, Jacob Milborne, deceased, and the said Abraham Governeur, and every of tliem, be and are repealed, reversed, made and declared null and void to all ibtents, constructions, and purposes whatsoever, as if no such convictions, judgments, or attainders, had ever been had or given ; and that no corruption of blood, or other penalties, or forfeitures of goods, chattels, lands, tenements, heredita- ments, be by tlie said convictions and attainders, or either of thom, incurred, any said usage or custom to the contrary notwithstanding." END OP VOL. I. '•■K I- ■y ! •P' f ^i ^.^' I ^' 1 V ' '. '' i I