UC-NRLF F 122 V3D4 iiiiiiiiiiiii *C 233 123 m* tmou ilip Da it gam, Jfrc Or Ipenstcr, llrcsibent of tlj£ $U to $ork historical Sotictn. 1 " ' ' ' ' ' "' HUtttQilf OF EIP VAN DAM, , BY FREDERIC DE PEYSTER, V) ^| re sxirent of ijj* |Ufo fTork fusiorital £omig. NEW YORK, MDCCCLXV. : : :\: '. \: ("):• ,••• .\ : : ;;•;••,;*: •;; ; .% *•••*•!»• i I ' . ' J ' j i ' j " i* ' ' NEW YORK: PRESS OF EDMUND JONES & CO., No. 26 John Street. 1865. F I&8L \/3£f i«UWl0 % Il% 1 Mj^m^^fi. Sw A »^IL i^^^ ; ■ i^ ^^wJP iJSk ^})\ I ^^fe^^CvV ifc llB "?30 HMr m'Jl^K^uS B»Jk^Jtb» i»iS^^^SBPnP^MP ^^^Mi nf^ i I^lsggB^. ll ^^^^^^^^^^^)J *n& dw^s^iwr W^lx^^S^*^ J*l ^k^^4^E3BZH52S3T^^^ yd^^^^^Bsr^^^^^ /. ::!:^?.'«i! Y/. .-. • •••••'••**••• € « . J minrxMt $i$ fan gam. \G% HE following paper was read before the New f§ York Historical Society by Frederic De Peyster, Esq., then a Vice-President, but now President, of that distinguished body. It relates to an interesting era in the colonial history of New York, and presents us with the principal inci- dents in the life of one of the popular leaders of his times, conspicuous for his efforts to secure to the inhab- itants of Dutch origin the privileges to which they were entitled by the " Articles of Surrender," and to main- tain for the people at large, their civil and municipal rights. It was delivered at the meeting held on the 4th of November, 1862, on the occasion of the presentation of the portraits described by Mr. De Peyster in this paper. We feel assured that the readers of the Manual will derive both pleasure and instruction from its perusal. M102990 The present publication is from a copy of the original, deposited in the archives of the Historical Society — a Memoir of the Life and Times of the Hon. Eip Van Dam, in connection with the presentation of the por- traits, on that occasion, of himself and wife. tmnt. Me. Pkesident — I invite the attention of yourself and the members present to the portraits on your right hand and left, which have a historic interest that well entitles them to a place in our Gallery of Art. The portrait on your right is that of the Hon. Rip Van Dam, a prominent and influential citizen of New York, who took an active part in the political events to which I shall presently advert ; conspicuous in our colonial annals for the results that flowed from them, and which added to the force of the current that grad- ually bore the colonies on to independence, and subse- quently moulded them into the American Republic. Mr. Van Dam administered the government of the province of New York during the interval between the death of Governor Montgomerie, which occurred on the 1st day of August, 1731, and the arrival of Gov- ernor Cosby, on the 1st day of August, 1732, in right of his position as senior member of the King's Council at the time. «*" mm? tai iai The features indicate the calm but resolute firmness which characterized this political leader, whose popu- larity arose from the conviction of his adherents of the honesty of his motives, and of his unswerving devotion to their best interests. These impressions, sustained by that confidence which is well said to be a " plant of slow growth," made the name of Van Dam a rallying point in many a con- tested struggle in the political strifes of the times, and often led the friends of popular rights and freedom to the goal of triumphant success under his skillful lead- ership. The portrait on your left is that of Mrs. Van Dam. Of the period of their marriage and other circum- stances connected with it, I shall take occasion hereafter to speak more particularly. There is no record of which I am aware that tells the tale of her wedded or unwedded life ; nor are there traditionary reminiscences preserved by her successive generations which relate to her domestic virtues and personal merit. There is, however, a circumstance, hereinafter referred to, which in part accounts for this deficiency. With these general 1 emarks, I take the opportunity here to introduce an extract of a letter on the subject, which Mrs. Emily Verplanck Goodwin, a lineal de- scendant of Mr. and Mrs. Van Dam, and the present owner of these portraits, has addressed to me : " Accompanying this you have my note to the society, in which I can only repeat what I said before to Mr. Sillinian, that the portraits have descended to me in direct succession, and have never, to our knowledge, been out of the family." The letter to the society, also addressed to me, but officially in this case, is as follows : Hon. Frederic de Peyster, Second Vice-President of the New Yorh Historical Society : Sir — At the solicitation of B. D. Silliman, Esq., of Brooklyn, I present to the Historical Society of New York, to be placed in its library, the original portraits of Governor Rip Van Dam, and his wife Sara Van Dam, which have descended to me in direct succession. My mother, Sarah Van Bam Mesier, was the daugh- ter of Abraham Mesier and Cornelia White. The mother of Cornelia White was Sarah Van Dam, the great-granddaughter of Rip Van Dam, who was Governor of New York. I regret that I cannot promise any more interesting information regarding them, but can only say that they have hung upon our walls from generation to genera- tion, and have never been out of the family. Very respectfully, EMILY VERPLANCK GOODWIN. J Hoge r Wj&.M Mr. Silliman, in transmitting to me the above letter of Mrs. Goodwin, remarks : " I think it must be more than thirty years since I first saw the portraits in old Mr. Dougherty's hall, and was then told by his family that they were original likenesses of Governor Eip Van Dam and his wife." In the letter to me first mentioned, Mrs. Goodwin stated further that " among the papers of my lamented father, I find the following brief notes : " Rip Van Dam had a son Rip Van Dam, who also had a son of the same name, who was the father of Sarah Van Dam, who married James White. " So, then, the mother of my grandmother was the great-granddaughter of* Rip Van Dam, the President of the Council. " The second husband of Sarah Van Dam was Jacob Van Voorhes. The family left New York at the time it was occupied by the English, and when the city was burned they, with others, lost much valuable property, which may, perhaps, account for so little being known of the history of the family at this time." The main object of Mrs. Goodwin is to show the direct line of her descent from President Van Dam, and by which she- came into possession of these ori- ginal portraits. Mrs. Goodwin having accordingly soon after put me in possession of these interesting relics of a bygone age, they have been restored in the manner to which I shall presently advert, agreeably to the promise which I made to her at the time of the delivery of the paint- ings to me. In compliance with the express request of the liberal donor, I now have the honor to*present them to the society in her name, and will file with the Secretary the several letters above referred to. By this act of presentation, the portraits are now the property of this institution. I propose to make a few additional remarks in further explanation of the subject, and shall then present a condensed memoir of President or Governor Van Dam, as he is indiscrimi- nately described in the times with which his name is connected. At this distant date, it is impracticable to state posi- tively when or by whom these portraits were painted. As time rolls on, circumstances familiar in their day fade from memory, and, as in other instances of iden- tification of a more positive character, we are left to judge from analogy and reasonable conjecture of the facts connected with the case in question. It is improbable that they were painted in Holland ; for no evidence, written or oral, exists to prove that Mr. and Mrs. Van Dam ever visited the fatherland. I have looked into Dunlap's " History of the Kise and Progress of the Arts of Design," and find that the only artist who lived here in the time of President Van Dam was John Smybert, as he spelled his name on the picture of " Dean Berkeley and family," now in Yale College. Dunlap thus alludes to Mr. Smybert's influence, and that of his works, upon Copley, Trumbull, and Allston : " ' Copley,' he remarked, ' was a youth of thirteen years of age at the time of Smybert's death, and pro- bably had instruction from him, certainly from his pictures. Trumbull, having retired from the army in the winter of 1776 or the spring of 1777, because his commission as deputy adjutant-general was dated in September instead of (as he thought it ought to be) in June, resumed his study of painting in Boston, in 1777, amidst the works of Copley, and in the room which had been built by Smybert, in which remained many of his works.' Allston said, in a letter to a friend, after speaking of the pictures of Pine : ' But I had a higher master in the head of Cardinal Benti- •voglio, from Vandyke, in the college library (Cam- bridge), which I obtained permission to copy one winter's vacation. This copy from Vandyke was by Smybert, an English painter, who came to this country with Dean, afterward Bishop Berkeley. At that time it seemed to me perfection, but when I saw the original, some years afterward, I had to alter my notions of perfection. However, I am grateful to Smybert for 10 the instruction he gave me ; his works rather.' ' Berke- ley,' as he added, ' in his benevolent project for spread- ing knowledge in America, did not neglect the important agency of the arts of design ; and having experience of the character and talents of Smybert, who had been his fellow-traveler in Italy, chose him as the professor of drawing, painting, and architecture for his intended institution.' " Of Mr. Smybert, Mr. Verplanck observes that ' he was not an artist of the first rank ; for the arts were then at a very low ebb in England ; but the best por- traits which we have of the eminent magistrates and divines of New England and New York, who lived between 1725 and 1750, are from his pencil.' " Horace Walpole, in his anecdotes of painting in England, also gives some account of him, and I here quote the concluding words of Walpole, inserted in Dunlap's account of Smybert : " As our disputes and politics have traveled to America, is it not possible that poetry, and painting too, will revive amidst those extensive tracts as they increase in opulence and em- pire, and where the stores of nature are so various, so magnificent, and so new? " This was written in 1762. I hope that I will be excused for one more extract on the same subject, that which was written by President "Styles, formerly of Yale College : " Mr. Smybert, the portrait painter, who in 1728 accompanied Dr. Berkeley, then Dean of Deny, and afterward Bishop of Cloyne, 11 from Italy to America, was employed, while at Flor- ence, by the Grand Duke of Tuscany, to paint two or three Siberian Tartars, presented to the Duke by the Czar of Russia. This Mr. Smybert, upon his landing with Mr. Berkeley in Narragansett Bay, instantly re- cognized the Indians here to be the same people as the Siberian Tartars whose pictures he had taken." From the suggestion of Mr. Verplanck, it is probable that John Smybert painted these portraits of Mr. and Mrs. Van Dam. They are well spoken of by several of our resident artists ; and, if by Smybert, are thought to be his best style. We have learned that they have been in the posses- sion of the descendants of Governor Van Dam since they were painted, and handed down from sire to son, until they reached the hands of the generous lady who has placed them permanently in our Gallery of Art. In the discharge of* this part of a pleasant duty, I take occasion also to say a word or two respecting Mr. Silliman, whom to name is sufficient for those who en- joy his acquaintance and esteem him for his many vir- tues. He it was who first drew my attention to these paintings ; and it was through his influence with the donor, that I was enabled to follow up successfully the inquiry which resulted in their becoming the property of the society. To him, therefore, the society is also under obligations for his friendly offices. When the portraits were delivered to me, I found 12 them much defaced, and with rents in the canvas, but capable of being nearly, if not quite, restored to their original condition. The frames were worm-eaten, and when the rims to which the canvas was attached were removed they fell into pieces. I would not allow a piece to be lost ; they were skillfully grooved together, and the frames regilt and colored afresh, in the identi- cal style and manner in which they were originally. The portraits themselves have been restored by the best talent in this line of art that could be secured in this city for accomplishing the work with artistic taste and skill. It is due to Mr. Lazarus, in his successful attempt, to award to him the merit, which he has not only in this instance attained, but for his acknowledged abilities in this branch of the art. Their delivery to me on the condition of being prop- erly restored made it necessary to bring the subject before the Executive Committee, and thereupon a sub- committee was appointed, consisting of Mr. Schell and myself, to carry out the wishes of Mrs. Goodwin. This duty has been discharged. The committee are more than compensated by finding that these memorials of colonial days, in all their original freshness, have become part of the collection of the society. I consider the continued possession of these portraits through successive generations in the same family, and the traditionary history which confirms the fact of 13 their identity, as sufficient to establish their authen- ticity. This is the impression, like that of their family seal, which gives validity to these old and valued documents, and proves their genuineness. In order that I may not trespass too far upon your attention before proceeding with the memoir of Mr. Van Dam, I beg leave to mention some of the author- ities to which I am indebted for the information con- tained in the remainder of this paper. In the investigation of our colonial history, every in- quirer on the subject is aware how much our citizens at large, but especially of our State, are indebted to the extensive researches, the ability, zeal, and care which our fellow-member John Romeyn Brodhead, Esq., has devoted to the procuring of the invaluable documents obtained by him in Holland, England, and France, illustrative of this history. He is also aware of similar benefits conferred upon the State, and upon every student of its history, by Dr. E. B. O'Callaghan in his arrangement and elucidation of its documentary history, made under his able and efficient direction. They have both, independently of their other distin- guished services in this branch of literature, severally erected a monument to themselves, " cere perenmuxy It is with great pleasure I also acknowledge my ob- 14 ligations to Mr. Valentine, Clerk of the Common Council, and the indefatigable editor of the Manual of the Corporation of the city of New York. His laborious investigations, judicious action, and discriminating judgment have made this important work a storehouse of useful, rare, and exceedingly interesting matter in elucidation of the early history of this city and State. Unlike the Scottish laird, who carefully superin- tended the erection of his own mausoleum, and finished it in time to receive his mortal remains, our esteemed fellow-member keeps pace with each revolving year in improving and enlarging his great work, thus making it more and more worthy of his name and fame, and the commendation of the generations to succeed us. The spirit of the Spanish salutation, " May you live a thousand years," in Mr. Valentine's case inculcates a sentiment peculiarly appropriate ; for this useful work in which he is so earnestly engaged, and to which, year after year, he is making many valuable addi- tions, enables him in its arrangement to rescue from oblivion many priceless materials, which would other- wise have perished from neglect and " the rust of time." The publication and prosecution of this work, under the patronage of our city fathers, is a memorable exception to these words of Tacitus, " Initia magistra- tuum nostrorum meliora et firma finis inclinat :" — The 15 commencement of our official duties is characterized by greater vigor and alacrity ; but toward the end they flag. The Manual, instead of flagging, by general acknow- ledgment, in every essential respect, " crescit eundo." I now proceed to give a brief memoir of Mr. Van Dam, which the presentation of his portrait has induced me to prepare. He was a type of that class- of men who at different times have made this city their home, and by their good sense, energy of action, and sound counsel have associated their names with its extraordinary progress and substantial welfare. The industry, liberal principles, and acknowledged integrity of the more prominent of the early Dutch settlers gave the first impulse to this progress. The local advantages which New York peculiarly possessed stimulated and rewarded individual efforts, and the imitation of those earlier traits of character has seldom failed to promote the welfare of all who have here "cast their lot," and have worthily identified their names with its annals. Rip Van Dam was born at Albany,* but in what year is now unknown. Other members of his family remained in that city, and were engaged in trade many years after his removal to New York.f ° Record of his marriage, Coll. R. D. Ch. Records, f Records of Albany, in Munsell ; Annals of Albany. 16 Mr. Van Dam was married, in the Dutch Church, in New York, to Sara Vanderspeigle, the daughter of a wealthy baker in the latter city,* on the 14th of Sep- tember, 1684,f and the occasion has been noticed as one of the notable events of that period. J In early life he was a merchant,§ and he sometimes commanded in person his good sloop Catharine, which was engaged in the West India trade, || as McDougal and Glover were also engaged in later periods of our history. At as early a period as May, 1090, he was one of the most prominent of the merchants in this commercial city, and united with Stephen de Lancey, Jacobus Van Cortlandt, Colonel Abraham de Peyster, Nicholas Wm. Stuyvesant, Balthazer Bayard, Isaac de Foreest, and others, "merchants, traders, and others, the principal inhabitants" of the province, in petitioning the king and queen (William and Mary) for relief from the arbritrary measures adopted by Leisler and his adher- ents, and executed on those who opposed him.^f From 1693 to 1695 he was an assistant alderman of the North Ward, in this city;** but, in April, 1699, when he ran for alderman on the anti-Leislerian or opposition ticket, he was defeated.-)- f *Col. Doc. VI., p. 153. |R. D. Ch. Records. J Valentine's Manual, 1862, pp. 774-5. § Valentine's Manual, 1862, pp. 774-5. fl Col. Doc. VI., p. 153. 1 Col. Doc. HI., pp. 748-9. ** Valentine's Manual, ff Col. Doc. IV., p. 508. 17 He was ever alive to the interests of this city and province, and was always among the most active of those who sought their protection. Thus, in March, 1700, he united with Nicholas Bayard, Robert Watts, Elie Bowdinote, Stephen de Lancey, Jacobus Van Cortlandt, Barent Schuyler, Joseph Billop, Adolphus Phillipse, and others, "merchants of New York, in America," in praying the king to separate the govern- ment of New England from that of New York, in con- sequence of the " many and great inconveniences which daily happened," to the detriment of trade, the retard- ing of justice, and the discouragement of industry in every portion of the province.* In December, 1701, he united with the Protestants of this province, in peti- tioning the king for a redress of grievances to which they had been subjected by the Earl of Bellomont, by whose orders they had been treated as " disaffected and infamous," " turned out of their places in the govern- ment," and otherwise abused.f In February, 1711, he united with all the principal merchants of the city in praying for orders that men-of-war might be restrained from transporting beef, pork, and flour to the West India Islands, and rum, sugar, and other West Indian produce from the islands, as merchandise, as they had done, to the injury of those who were engaged in that trade. J Besides his business as a trader, Rip Van Dam •Col. Doc. IV. p. 624. f Col. Doc. IV., p. 934. J Col. Doc. V., p. 332. 3 18 united with James Mills in that of shipbuilding ; and they established a shipyard in the rear of Trinity church -yard, on the North river.* It is not known, however, to what extent this branch of his business was carried. Among the grievances to which New York was sub- jected by the Earl of Bellomont, through his resident lieutenant-governor (Nanfan), was the seizure of ves- sels for assumed violations of the revenue laws ; -f and some of the vessels in which Mr. Van Dam was inter- ested were subjected to this treatment.^ He imme- diately joined the opposition party ; and, in connection with Nicholas Bayard and others, he became prominent in the proceedings connected with the addresses to the king and parliament, which Nanfan considered libel- ous, and for signing which Captain Hutchins, Colonel Bayard, and others were arrested and committed to prison. § On the arrival of Lord Cornbury he found the pro- vince in the greatest disorder;| and the most violent measures were adopted by the leaders, on either hand, to secure or to maintain their supremacy. The opposi- tion, among Avhom was Mr. Van Dam, secured the power ;^f and in June, 1702, the governor suspended from office, as members of the council, Chief- Justice ° Col. Doc. VI., p. 153. f Col- Doc. IV., p. 944. % Col. Doc. VI., p. 153. §Col. Doc. IV., pp. 944-953; V., p. 105 ; VI., p. 153. || Col. Doc. IV., p. 958. fl Col. Doc. IV., p. 1022. 19 Atwood, Collector Weaver, Colonel Abraham de Pey- ster, and others,* and appointed Mr. Van Dam and his friends in their steadf — a reward, it is probable, for his activity in procuring evidence against his prede- cessors for the purpose of. effecting their removal.! This change was approved by the queen in council, January 21, 1702-3 ;§ and the power of Mr. Van Dam and his friends was established beyond question. In September, 1702, in connection with Colonel de Peyster and an officer of the garrison, Mr. Van Dam was appointed by Lord Cornbury to inspect the fort in New York, its garrison and armament ; and the report of their condition, from the governor to the home government, is exceedingly interesting.! On the 20th of October, 1702, at its session in Jamaica, L. I., whither it had fled to avoid a prevailing sickness, Mr. Van Dam took his seat at the council board ;•[ and he appears to have been punctual in his attendance in that body during the many years of his service therein as a member.** In June, 1706, Mr. Van Dam was appointed a com- missioner for adjusting the claim which had been made by the Mohegans for lands near the Connecticut line, and within that colony.ff *Col. Doc. IV., pp. 959-971. f Col. Doc. IV., p. 1024; Minutes of th3 L^gisl itive Council, p. 176. JCol. Doc. IV, p. 1022 ; V., p. 105. §Col. Doc IV., p. 1024. || Col. Doc. IV., p. 967. H Minutes of the Council, p. 176. **Ibid., 176-612. ft Col. Doc. IV., p. 1178. 20 He continued in the council until the 1st of July, 1731, when, in consequence of the death of Governor Montgomerie, as senior counselor, he became President of that body, and, ex officio, acting governor of the pro- vince.* The public service requiring a provision for the sup- port of the post at Oswego and for the defense of Albany, President Van Dam called the assembly together in August, l731,f when various measures, besides that referred to, were acted on and approved by him. During his administration of the government of the colony, President Van Dam resisted the attempts which were made to establish courts of chancery within the colony, as Governor Montgomerie had done before him ; and, like that officer, he steadily refused to take the oaths as chancellor, notwithstanding the damage which it inflicted on the revenue, and in open violation of the instructions of the home government. J As no other court possessed authority to compel the payment of quit-rents, or to adjudicate contested titles, it will be seen that the anti-rentists of that day were favored by his course ; and it is not unlikely it led to the serious consequences of Governor Cosby's administration. President Van Dam was succeeded by Governor * Col. Doc. V., p. 921 ; Minutes of Council, p. 603. f Minutes of Legislative Council, p. 603 ; Col. Doc. V., p. 935-939 ; Journal of Assembly, I., 623. J Col. Doc. V., p. 931. 21 Cosby, August 1, 1732,* when the latter demanded one-half the fees which had been collected by the former during his administration of the government, and instituted a suit by way of information therefor in the .equity side of the exchequer. Mr. Van Dam resisted, and great excitement ensued in consequence of the conflict of authority within the court itself, in the decisions which were rendered — that of Chief-Jus- tice Morris having sustained Mr. Van Dam, those of Judges De Lancey and Phillipse supporting Governor Cosby, f The subject was subsequently dropped, and Mr. Van Dam retained the entire amount, while the proceedings of Governor Cosby " gave general dis- gust.":]; The change of parties in power, which was produced by the accession to authority of Governor Cosby, was productive of the most violent proceedings on either hand, and all the former hostilities were immediately resumed. In the latter part of 1733, Mr. Van Dam presented charges to the home government against Governor Cosby,§ and thenceforth he became the recognized head of the popular party, | and one of the principal of John Peter Zenger's supporters in his violent oppo- sition to the government.^ *Col. Doc. V., p. 944 ; VIII., p. 250. fCol. Doc. V., p. 944; VI., pp. 10-13; VIII., p. 250. % Col. Doc. VIII. , p. 250. § Col. Doc. V., pp. 957, 974-986. || Col. Doc. V., p. 97 9. 1| Col. Doc. VI., pp. 6-13. 22 So determined was the opposition of Mr. Van Dam and that of his friends that the governor asked permis- sion to remove him from the council,* and a majority of the council refused to sit with him at the council board. f In August, 1735, the lords of trade advised the queen to remove him from the council, agreeably to the governor's request,J but the recommendation does not appear to have been acted on. Impatient at the delay which had occurred, in December, 1735, Governor Cosby secretly suspended Mr. Van Dam from the council, without authority from England,§ which, as soon as it became known, was followed by an intense excitement among the peo- ple, and not without some attempts to disturb the peace. | • In January, 1736, the first eftect of Mr. Van Dam's charges against Governor Cosby was seen in an order of council, which forbade the latter from occupying a seat in the legislative council of the province — an abuse of his power which had formed the fifth and sixth articles of the charges which had been presented to the home government against the governor by Mr. Van Dam.t The governor, however, did not live to receive the *Col. Doc. V., p. 975 ; VI, pp. 6, 7, 23, 24. fCol. Doc. VI., pp. 3, 6, 31. \ Col. Doc. VI., pp. 35, 36. §Col. Doc. VI., pp. 42, 45, 48 ||Col. Doc. VI., p. 43. If Col. Doc. VI, pp. 39, 40. 23 order : he died in March, 1736. When the fact of Mr. Van Dam's suspension was first published, and George Clarke assumed the duties of governor,* Mr. Van Dam demanded the commission, provincial seal, PP- 43 > 48 - JCol. Doc. VI., pp. 43, 48. § Col. Doc. VI., pp. 52, 65. || Col. Doc. VI., pp. 52,53. 24 suit informally on the subject before the house should be organized. At the urgent request of those mem- bers who were friends of the government, the session was further postponed or prorogued for a month by the acting governor, u as a matter of necessity, and with as good a grace as he could," considering it as a popular triumph.* In the meantime, the Corporation of the city of New York became involved in the trouble, through the necessity which existed for an annual appointment of the municipal officers by the governor of the province. Which of the two possessed the legal authority was a delicate question, and they proposed that both Mr. Van Dam and Mr. Clarke should desist. The latter peremptorily declined to comply with the request, and on the 29th of September he reappointed the officers of the past year. In the afternoon of the same day, Mr. Van Dam summoned the council to meet at his house, when, in the presence of one member only, no other attending, he appointed a mayor, recorder, sheriff, and coroner ; and the most disastrous consequences were threatened. The receipt of the additional instructions by Mr. Clarke, hereafter referred to, disposed of the subject before there had been any rupture ; and the officers who had been appointed by him were continued in their seats, f «Col. Doc. VI., pp. 73, 77, 81. f Co1 - Doc. VI., pp. 78, 79. 25 On the 12th of October, 1736, the members of the assembly reassembled, but before an organization could be effected they resumed the informal discussion ol Mr. Van Dam's suspension and the legitimacy of Mr. Clarke's administration. This was continued all day, when they were prorogued by the acting governor until -the following day; but fortunately for Mr. Clarke, and for the province, at an early hour on the 13th an additional instruction from the queen, con- cerning the form of prayer to be used for the royal family, was received by Mr. Clarke — a circumstance which appears to have been received by all parties as incontrovertible evidence that the administration had been recognized by the home government — and univer- sal quiet was immediately restored.* In the meantime, as Governor Cosby had done be- fore, Clarke continued to press the home government for the removal of Mr. Van Dam from the council,f an admission of the illegality of his suspension and of the want of legal authority in Mr. Clarke to act as gov- ernor of the province. At the same time, Mr. Van Dam appears to have petitioned the privy council for redress of grievances ; J and both parties, therefore, were duly represented in England. On the 29th of October, 1736, the controversy was terminated by the receipt of a commission as lieutenant- * Col. Doc. VI., pp. 81-82. f Col. Doc. VI., pp. 46, 49, 53, 77. % Col. Doc. VI., p. 69. 4 26 governor by Clarke ; * and peace was restored to the province. Of Mr. Van Dam's property little is known beyond the general information already referred to, that he was one of the most considerable merchants in the city, and that he was one of the proprietors of " The Nine Partners " in Dutchess county, f He appears, notwithstanding his constant partici- pation in public affairs, to have retained his simple, primitive habits, even in his extreme old age. He was emphatically Dutch ; and he was not well versed in the English language at any period of his life. J He died on the 10th of June, 1749, in extreme old age ; § leaving two sons, Kip and Isaac, and three daughters, Elizabeth Kiersted, Mary Parcel, and Cata- lyntie Thong. | * Col. Doc. VI., p. 29 ; "Minutes of Council, p 638. t Col. Doc. VI, p. 84. t Col. Doc. IV., p. 508 ; V., p. 886. § Col. Doc. VI., p. 153. 1 Ibid. Binder Gay lord Bros., Inc. Stockton, Calif. r.M. Reg. U.S. Pat. Off. M102990 THE UNIVERSITY OF CALIFORNIA LIBRARY